Sub. H. B. No. 59 As Pending in Senate Finance Committee

As Pending in Senate Finance Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 59

Representative Amstutz

Cosponsors: Representatives Anielski, Baker, Beck, Blair, Boose, Brown, Burkley, Conditt, Dovilla, Grossman, Hackett, Hagan, C., Hayes, Lynch, McClain, McGregor, Pelanda, Rosenberger, Ruhl, Sears, Sprague, Stebelton, Thompson

A BILL

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

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

103.144, 107.033, 107.12, 109.06, 109.36, 109.57,

109.572, 109.71, 109.746, 109.77, 109.85, 109.86,

109.90, 111.02, 111.15, 111.28, 113.02, 113.061,

117.03, 117.10, 117.20, 119.01, 120.06, 121.02,

121.03, 121.22, 121.35, 121.37, 121.372, 122.075,

122.083, 122.17, 122.171, 122.175, 122.28, 122.30,

122.31, 122.32, 122.33, 122.34, 122.35, 122.36,

122.58, 122.657, 122.658, 122.66, 122.67, 122.68,

122.69, 122.70, 122.701, 122.76, 122.861, 123.01,

123.10, 123.11, 123.201, 123.21, 123.27, 124.11,

124.14, 124.18, 124.30, 124.341, 124.381, 124.57,

124.84, 125.05, 125.21, 125.212, 125.28, 125.602,

125.603, 125.832, 125.836, 126.07, 126.14, 126.32,

126.35, 126.45, 126.46, 126.47, 126.48, 127.14,

127.16, 133.01, 133.06, 135.143, 135.22, 135.35,

135.61, 135.71, 135.80, 135.81, 135.85, 140.01,

140.03, 140.05, 145.01, 145.012, 145.22, 149.01,

149.12, 149.311, 149.43, 149.431, 149.54, 151.11,

152.09, 153.692, 154.01, 154.17, 154.20, 154.22,

154.23, 154.25, 156.02, 156.03, 156.04, 156.05,

166.02, 166.03, 166.04, 166.08, 166.25, 167.03,

169.02, 169.05, 169.07, 169.08, 173.03, 173.14,

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

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

173.394, 173.40, 173.401, 173.402, 173.403,

173.404, 173.42, 173.43, 173.431, 173.432,

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

173.99, 175.04, 191.01, 191.02, 191.04, 191.06,

301.28, 306.35, 307.07, 307.674, 307.699, 307.86,

309.09, 317.08, 317.36, 321.35, 321.44, 329.04,

329.051, 329.06, 329.14, 339.02, 339.05, 339.06,

339.07, 340.01, 340.011, 340.02, 340.021, 340.03,

340.031, 340.032, 340.04, 340.05, 340.07, 340.09,

340.091, 340.10, 340.11, 340.12, 340.13, 340.15,

340.16, 341.192, 349.01, 349.04, 351.021, 715.691,

721.01, 721.03, 731.091, 737.41, 742.14, 755.06,

901.21, 901.22, 901.23, 903.11, 903.99, 905.06,

909.15, 924.02, 924.06, 927.54, 935.01, 935.03,

935.12, 955.01, 955.05, 955.06, 955.07, 955.08,

955.09, 955.14, 955.201, 956.07, 956.18, 991.03,

991.04, 991.06, 1309.521, 1321.51, 1321.535,

1321.55, 1322.01, 1322.051, 1327.46, 1327.48,

1327.50, 1327.501, 1327.61, 1327.99, 1332.26,

1337.11, 1347.08, 1501.011, 1501.45, 1506.21,

1506.30, 1509.01, 1509.02, 1509.062, 1509.10,

1509.11, 1509.50, 1511.02, 1511.022, 1519.05,

1531.06, 1531.17, 1545.071, 1547.542, 1547.99,

1548.02, 1551.33, 1551.35, 1555.15, 1711.07,

1724.03, 1739.061, 1751.01, 1751.11, 1751.12,

1751.14, 1751.271, 1751.31, 1751.60, 1901.10,

1901.12, 1907.14, 1923.14, 2101.24, 2108.05,

2113.041, 2113.06, 2117.061, 2117.25, 2133.01,

2133.25, 2151.011, 2151.3514, 2151.362, 2151.83,

2151.86, 2152.54, 2152.59, 2301.14, 2303.201,

2305.234, 2307.65, 2311.14, 2317.02, 2317.422,

2335.09, 2335.11, 2505.02, 2701.03, 2701.031,

2743.03, 2743.09, 2743.121, 2743.20, 2743.48,

2743.52, 2743.53, 2743.531, 2743.55, 2743.60,

2743.601, 2743.61, 2743.62, 2743.63, 2743.64,

2743.65, 2743.66, 2743.67, 2743.68, 2743.69,

2743.71, 2744.05, 2744.08, 2744.081, 2744.082,

2901.13, 2901.30, 2903.33, 2907.22, 2913.01,

2913.40, 2913.401, 2919.271, 2921.01, 2921.22,

2921.36, 2921.38, 2923.126, 2925.03, 2929.15,

2930.01, 2935.03, 2935.33, 2945.37, 2945.371,

2945.38, 2945.39, 2945.40, 2945.401, 2951.041,

2953.32, 2967.22, 2981.01, 2981.12, 2981.13,

3101.051, 3107.083, 3109.15, 3111.04, 3111.72,

3119.29, 3119.54, 3121.441, 3121.89, 3121.891,

3121.892, 3121.893, 3121.898, 3123.958, 3125.18,

3125.36, 3301.07, 3301.0712, 3301.0714, 3301.0715,

3301.0723, 3301.0725, 3301.15, 3302.01, 3302.03,

3302.032, 3302.20, 3302.21, 3302.22, 3303.41,

3304.11, 3304.12, 3304.13, 3304.14, 3304.15,

3304.16, 3304.17, 3304.18, 3304.181, 3304.182,

3304.19, 3304.20, 3304.21, 3304.22, 3304.23,

3304.231, 3304.25, 3304.27, 3304.28, 3304.41,

3305.03, 3307.51, 3309.21, 3310.01, 3310.02,

3310.03, 3310.05, 3310.06, 3310.08, 3310.56,

3311.0510, 3311.19, 3311.22, 3311.231, 3311.38,

3311.86, 3312.08, 3313.372, 3313.376, 3313.48,

3313.483, 3313.484, 3313.488, 3313.4810, 3313.533,

3313.539, 3313.603, 3313.6013, 3313.6016,

3313.612, 3313.615, 3313.62, 3313.64, 3313.646,

3313.65, 3313.714, 3313.715, 3313.83, 3313.841,

3313.843, 3313.844, 3313.845, 3313.847, 3313.88,

3313.911, 3313.978, 3313.98, 3313.981, 3314.015,

3314.017, 3314.027, 3314.029, 3314.03, 3314.05,

3314.06, 3314.072, 3314.074, 3314.08, 3314.083,

3314.084, 3314.087, 3314.09, 3314.091, 3314.11,

3314.26, 3314.35, 3315.40, 3315.42, 3316.041,

3316.06, 3317.01, 3317.013, 3317.021, 3317.023,

3317.0212, 3317.03, 3317.032, 3317.05, 3317.06,

3317.063, 3317.08, 3317.10, 3317.14, 3317.18,

3317.19, 3317.20, 3317.50, 3317.51, 3318.011,

3318.031, 3318.08, 3318.31, 3318.36, 3318.363,

3319.07, 3319.073, 3319.0811, 3319.112, 3319.17,

3319.22, 3319.235, 3319.57, 3319.58, 3321.01,

100

3321.05, 3323.021, 3323.03, 3323.04, 3323.07,

101

3323.08, 3323.09, 3323.091, 3323.13, 3323.14,

102

3323.141, 3323.142, 3326.07, 3326.08, 3326.11,

103

3326.20, 3326.31, 3326.32, 3326.33, 3326.34,

104

3326.38, 3326.45, 3327.01, 3333.041, 3333.73,

105

3333.82, 3334.08, 3335.35, 3335.36, 3335.37,

106

3335.38, 3345.05, 3345.06, 3345.12, 3353.01,

107

3353.02, 3353.03, 3353.04, 3353.06, 3353.07,

108

3365.01, 3365.02, 3365.021, 3365.07, 3365.12,

109

3383.01, 3383.07, 3501.01, 3517.10, 3517.102,

110

3517.103, 3517.153, 3517.154, 3517.155, 3517.20,

111

3517.992, 3599.45, 3701.023, 3701.024, 3701.027,

112

3701.041, 3701.13, 3701.132, 3701.243, 3701.261,

113

3701.262, 3701.264, 3701.342, 3701.344, 3701.507,

114

3701.74, 3701.741, 3701.742, 3701.78, 3701.83,

115

3701.881, 3701.921, 3701.922, 3701.99, 3702.30,

116

3702.51, 3702.521, 3702.55, 3702.62, 3702.74,

117

3702.91, 3704.144, 3706.01, 3707.511, 3709.01,

118

3709.051, 3709.10, 3712.051, 3712.07, 3712.09,

119

3713.06, 3714.03, 3714.07, 3717.08, 3718.06,

120

3719.61, 3721.01, 3721.011, 3721.02, 3721.022,

121

3721.024, 3721.027, 3721.042, 3721.071, 3721.08,

122

3721.10, 3721.12, 3721.121, 3721.13, 3721.14,

123

3721.15, 3721.16, 3721.17, 3721.19, 3721.50,

124

3721.51, 3721.511, 3721.512, 3721.513, 3721.52,

125

3721.53, 3721.531, 3721.532, 3721.533, 3721.54,

126

3721.541, 3721.55, 3721.56, 3721.57, 3721.58,

127

3727.01, 3734.28, 3734.57, 3734.901, 3734.907,

128

3735.58, 3735.67, 3737.02, 3737.83, 3737.841,

129

3737.88, 3737.882, 3742.30, 3742.31, 3742.32,

130

3742.51, 3745.11, 3745.113, 3745.72, 3769.08,

131

3769.087, 3769.088, 3770.02, 3770.06, 3772.062,

132

3781.112, 3793.01, 3793.031, 3793.032, 3793.051,

133

3793.10, 3793.11, 3793.12, 3793.13, 3793.14,

134

3793.15, 3793.16, 3793.18, 3793.22, 3793.31,

135

3793.32, 3793.33, 3793.34, 3793.35, 3793.36,

136

3793.37, 3793.38, 3793.39, 3795.01, 3798.01,

137

3798.10, 3798.13, 3798.14, 3798.15, 3798.16,

138

3901.3814, 3903.14, 3905.40, 3905.483, 3905.862,

139

3916.06, 3923.24, 3923.241, 3923.281, 3923.443,

140

3923.49, 3923.50, 3923.601, 3923.83, 3924.41,

141

3924.42, 3963.01, 3963.04, 4104.33, 4112.02,

142

4112.12, 4112.31, 4115.034, 4115.32, 4117.06,

143

4117.14, 4117.15, 4121.44, 4121.441, 4121.50,

144

4121.69, 4123.32, 4123.35, 4123.41, 4123.54,

145

4123.57, 4123.93, 4131.03, 4141.162, 4141.29,

146

4301.01, 4301.10, 4301.30, 4301.43, 4301.62,

147

4303.181, 4305.131, 4501.01, 4501.21, 4503.03,

148

4503.10, 4503.44, 4503.62, 4505.02, 4505.09,

149

4506.07, 4507.01, 4507.06, 4507.51, 4510.038,

150

4510.45, 4511.19, 4511.191, 4511.21, 4511.69,

151

4511.85, 4513.34, 4701.03, 4707.02, 4707.073,

152

4707.10, 4709.11, 4713.08, 4713.44, 4715.22,

153

4715.36, 4715.372, 4717.03, 4717.06, 4717.07,

154

4717.10, 4717.14, 4717.15, 4719.01, 4723.18,

155

4723.35, 4723.481, 4725.03, 4725.16, 4729.51,

156

4729.54, 4729.69, 4729.77, 4729.78, 4729.79,

157

4729.80, 4729.81, 4729.99, 4730.411, 4731.151,

158

4731.23, 4731.65, 4731.71, 4734.41, 4735.07,

159

4735.09, 4735.10, 4735.142, 4735.56, 4742.01,

160

4751.02, 4751.03, 4751.04, 4751.041, 4751.05,

161

4751.06, 4751.07, 4751.08, 4751.10, 4751.11,

162

4751.12, 4751.13, 4753.071, 4755.11, 4755.47,

163

4755.481, 4755.64, 4758.10, 4758.11, 4761.01,

164

4778.02, 4778.03, 4781.121, 4781.28, 4781.29,

165

4906.20, 5101.01, 5101.11, 5101.141, 5101.16,

166

5101.162, 5101.18, 5101.181, 5101.183, 5101.184,

167

5101.26, 5101.271, 5101.272, 5101.273, 5101.30,

168

5101.31, 5101.34, 5101.35, 5101.36, 5101.46,

169

5101.461, 5101.47, 5101.49, 5101.50, 5101.501,

170

5101.502, 5101.51, 5101.511, 5101.512, 5101.513,

171

5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,

172

5101.521, 5101.522, 5101.524, 5101.527, 5101.571,

173

5101.572, 5101.573, 5101.574, 5101.575, 5101.58,

174

5101.59, 5101.591, 5101.60, 5101.61, 5101.80,

175

5101.801, 5101.803, 5103.02, 5103.0323, 5103.13,

176

5103.42, 5104.012, 5104.013, 5104.02, 5104.021,

177

5104.03, 5104.08, 5104.11, 5104.12, 5104.32,

178

5107.10, 5107.14, 5107.16, 5107.20, 5107.24,

179

5107.26, 5107.42, 5107.64, 5111.01, 5111.011,

180

5111.013, 5111.016, 5111.018, 5111.0112,

181

5111.0114, 5111.0116, 5111.0117, 5111.0118,

182

5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,

183

5111.024, 5111.025, 5111.027, 5111.028, 5111.029,

184

5111.0210, 5111.0211, 5111.0212, 5111.0213,

185

5111.0214, 5111.0215, 5111.03, 5111.031, 5111.032,

186

5111.033, 5111.034, 5111.035, 5111.04, 5111.042,

187

5111.05, 5111.051, 5111.052, 5111.053, 5111.054,

188

5111.06, 5111.061, 5111.062, 5111.063, 5111.07,

189

5111.071, 5111.08, 5111.081, 5111.082, 5111.083,

190

5111.084, 5111.085, 5111.086, 5111.09, 5111.091,

191

5111.092, 5111.10, 5111.101, 5111.102, 5111.11,

192

5111.111, 5111.112, 5111.113, 5111.114, 5111.12,

193

5111.121, 5111.13, 5111.14, 5111.141, 5111.15,

194

5111.151, 5111.16, 5111.161, 5111.162, 5111.163,

195

5111.17, 5111.171, 5111.172, 5111.173, 5111.174,

196

5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,

197

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

198

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

199

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

200

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

201

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

202

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

203

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

204

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

205

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

206

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

207

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

208

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

209

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

210

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

211

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

212

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

213

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

214

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

215

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

216

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

217

5111.686, 5111.687, 5111.688, 5111.689, 5111.70,

218

5111.701, 5111.702, 5111.703, 5111.704, 5111.705,

219

5111.707, 5111.708, 5111.709, 5111.7011, 5111.71,

220

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

221

5111.83, 5111.84, 5111.85, 5111.851, 5111.852,

222

5111.853, 5111.854, 5111.855, 5111.856, 5111.86,

223

5111.861, 5111.862, 5111.863, 5111.864, 5111.865,

224

5111.87, 5111.871, 5111.872, 5111.873, 5111.874,

225

5111.875, 5111.876, 5111.877, 5111.878, 5111.879,

226

5111.88, 5111.881, 5111.882, 5111.885, 5111.886,

227

5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,

228

5111.891, 5111.892, 5111.894, 5111.90, 5111.91,

229

5111.911, 5111.912, 5111.914, 5111.915, 5111.92,

230

5111.93, 5111.94, 5111.941, 5111.943, 5111.944,

231

5111.945, 5111.96, 5111.97, 5111.98, 5111.981,

232

5111.982, 5111.99, 5112.01, 5112.03, 5112.04,

233

5112.05, 5112.06, 5112.07, 5112.08, 5112.09,

234

5112.10, 5112.11, 5112.17, 5112.18, 5112.19,

235

5112.21, 5112.30, 5112.31, 5112.32, 5112.33,

236

5112.331, 5112.34, 5112.341, 5112.35, 5112.37,

237

5112.371, 5112.38, 5112.39, 5112.40, 5112.41,

238

5112.42, 5112.43, 5112.44, 5112.45, 5112.46,

239

5112.47, 5112.48, 5112.99, 5112.991, 5115.20,

240

5117.10, 5119.01, 5119.012, 5119.02, 5119.04,

241

5119.06, 5119.061, 5119.07, 5119.071, 5119.072,

242

5119.08, 5119.10, 5119.101, 5119.11, 5119.12,

243

5119.14, 5119.16, 5119.161, 5119.17, 5119.18,

244

5119.20, 5119.201, 5119.202, 5119.21, 5119.22,

245

5119.221, 5119.23, 5119.24, 5119.27, 5119.30,

246

5119.33, 5119.34, 5119.35, 5119.351, 5119.36,

247

5119.42, 5119.43, 5119.44, 5119.46, 5119.51,

248

5119.52, 5119.53, 5119.57, 5119.60, 5119.61,

249

5119.611, 5119.612, 5119.613, 5119.62, 5119.621,

250

5119.622, 5119.63, 5119.631, 5119.69, 5119.691,

251

5119.99, 5120.07, 5120.09, 5120.135, 5120.17,

252

5120.171, 5120.652, 5120.654, 5121.051, 5121.30,

253

5121.32, 5121.33, 5121.34, 5121.35, 5121.36,

254

5121.37, 5121.38, 5121.40, 5121.42, 5121.43,

255

5121.44, 5121.45, 5121.46, 5121.47, 5121.49,

256

5121.50, 5121.51, 5121.52, 5121.55, 5122.01,

257

5122.03, 5122.10, 5122.11, 5122.12, 5122.13,

258

5122.15, 5122.17, 5122.18, 5122.19, 5122.20,

259

5122.21, 5122.23, 5122.25, 5122.26, 5122.27,

260

5122.271, 5122.31, 5122.311, 5122.32, 5122.33,

261

5122.34, 5122.341, 5122.39, 5122.43, 5122.44,

262

5122.45, 5122.46, 5122.47, 5123.01, 5123.021,

263

5123.022, 5123.03, 5123.0412, 5123.0417, 5123.09,

264

5123.171, 5123.19, 5123.192, 5123.197, 5123.198,

265

5123.38, 5123.61, 5123.86, 5126.01, 5126.026,

266

5126.043, 5126.05, 5126.051, 5126.054, 5126.055,

267

5139.03, 5139.04, 5139.08, 5139.34, 5145.162,

268

5145.18, 5153.16, 5302.221, 5309.082, 5309.68,

269

5309.86, 5501.311, 5501.312, 5501.73, 5502.011,

270

5505.12, 5507.01, 5507.02, 5507.021, 5507.022,

271

5507.03, 5507.06, 5507.07, 5507.08, 5507.09,

272

5507.12, 5507.15, 5507.18, 5507.22, 5507.25,

273

5507.26, 5507.27, 5507.32, 5507.34, 5507.40,

274

5507.42, 5507.44, 5507.46, 5507.52, 5507.53,

275

5507.54, 5507.55, 5507.57, 5507.571, 5507.60,

276

5507.63, 5507.99, 5511.03, 5515.08, 5701.13,

277

5703.052, 5703.059, 5703.21, 5703.37, 5703.82,

278

5705.01, 5705.19, 5705.192, 5705.21, 5705.217,

279

5705.218, 5705.221, 5705.25, 5709.17, 5715.19,

280

5715.27, 5717.01, 5725.18, 5725.34, 5726.20,

281

5726.52, 5727.26, 5727.75, 5727.84, 5727.89,

282

5728.10, 5729.03, 5729.17, 5731.39, 5733.01,

283

5733.06, 5733.11, 5733.55, 5733.98, 5735.012,

284

5735.12, 5735.27, 5735.34, 5739.01, 5739.02,

285

5739.026, 5739.09, 5739.13, 5741.01, 5741.03,

286

5741.17, 5743.081, 5743.15, 5743.56, 5745.12,

287

5747.01, 5747.02, 5747.022, 5747.025, 5747.08,

288

5747.10, 5747.11, 5747.113, 5747.122, 5747.13,

289

5747.21, 5747.22, 5747.47, 5747.501, 5747.76,

290

5747.98, 5748.01, 5749.02, 5749.06, 5749.07,

291

5749.17, 5751.01, 5751.011, 5751.02, 5751.03,

292

5751.07, 5751.081, 5751.09, 5751.20, 5751.21,

293

5753.03, 5753.07, 5815.28, 5902.02, 5905.02,

294

5910.02, 5910.07, 5919.34, 5924.502, 5924.503,

295

5924.504, 5924.506, 6109.21, and 6111.037; to

296

amend, for the purpose of adopting new section

297

numbers as indicated in parentheses, sections

298

173.394 (173.38), 173.40 (173.52), 173.401

299

(173.521), 173.402 (173.524), 173.403 (173.53),

300

173.404 (173.55), 3304.23 (3335.60), 3304.231

301

(3335.61), 3304.14 (3304.15), 3304.15 (3304.16),

302

3304.16 (3304.14), 3313.847 (3317.30), 3333.90

303

(3333.59), 3383.01 (123.28), 3383.07 (123.281),

304

3701.041 (124.88), 3721.50 (5168.40), 3721.51

305

(5168.42), 3721.511 (5168.43), 3721.512 (5168.44),

306

3721.513 (5168.45), 3721.52 (5168.46), 3721.53

307

(5168.47), 3721.531 (5168.48), 3721.532 (5168.49),

308

3721.533 (5168.50), 3721.54 (5168.51), 3721.541

309

(5168.52), 3721.55 (5168.53), 3721.56 (5168.54),

310

3721.57 (5168.55), 3721.58 (5168.56), 3737.883

311

(3737.884), 3793.01 (5119.01), 3793.031

312

(5119.201), 3793.032 (5119.47), 3793.051

313

(5119.161), 3793.10 (5119.38), 3793.11 (5119.39),

314

3793.12 (5119.61), 3793.13 (5119.27), 3793.14

315

(5119.26), 3793.15 (5119.17), 3793.16 (5119.188),

316

3793.18 (5119.30), 3793.22 (5119.49), 3793.31

317

(5119.90), 3793.32 (5119.91), 3793.33 (5119.92),

318

3793.34 (5119.93), 3793.35 (5119.94), 3793.36

319

(5119.95), 3793.37 (5119.96), 3793.38 (5119.97),

320

3793.39 (5119.98), 5101.271 (5160.45), 5101.31

321

(5164.756), 5101.50 (5161.05), 5101.501 (5161.06),

322

5101.502 (5161.02), 5101.51 (5161.10), 5101.511

323

(5161.11), 5101.5110 (5161.35), 5101.512

324

(5161.12), 5101.513 (5161.30), 5101.516 (5161.22),

325

5101.517 (5161.24), 5101.519 (5161.27), 5101.52

326

(5161.15), 5101.521 (5161.16), 5101.522 (5161.17),

327

5101.524 (5161.20), 5101.527 (5161.25), 5101.571

328

(5160.35), 5101.572 (5160.39), 5101.573 (5160.40),

329

5101.574 (5160.41), 5101.575 (5160.42), 5101.58

330

(5160.37), 5101.59 (5160.38), 5101.591 (5160.43),

331

5111.01 (5162.03), 5111.011 (5163.02), 5111.013

332

(5163.40), 5111.016 (5164.26), 5111.018 (5164.07),

333

5111.0112 (5162.20), 5111.0114 (5164.754),

334

5111.0116 (5163.30), 5111.0117 (5163.31),

335

5111.0118 (5163.32), 5111.0119 (5163.45), 5111.02

336

(5164.02), 5111.021 (5164.70), 5111.022 (5164.56),

337

5111.023 (5164.15), 5111.024 (5164.08), 5111.025

338

(5164.76), 5111.027 (5164.20), 5111.028 (5164.32),

339

5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211

340

(5165.48), 5111.0212 (5164.80), 5111.0213

341

(5164.77), 5111.0214 (5164.82), 5111.0215

342

(5164.93), 5111.03 (5164.35), 5111.031 (5164.37),

343

5111.032 (5164.34), 5111.033 (5164.342), 5111.034

344

(5164.341), 5111.035 (5164.36), 5111.04 (5164.05),

345

5111.042 (5164.25), 5111.05 (5164.45), 5111.051

346

(5164.48), 5111.052 (5164.46), 5111.053

347

(5164.301), 5111.054 (5164.47), 5111.06 (5164.38),

348

5111.061 (5164.57), 5111.062 (5164.39), 5111.063

349

(5164.31), 5111.07 (5164.752), 5111.071

350

(5164.753), 5111.08 (5164.759), 5111.081

351

(5164.755), 5111.082 (5164.751), 5111.083

352

(5164.757), 5111.084 (5164.7510), 5111.085

353

(5164.758), 5111.086 (5164.75), 5111.09 (5162.13),

354

5111.091 (5162.131), 5111.092 (5162.132), 5111.10

355

(5162.10), 5111.101 (5162.15), 5111.102 (5162.04),

356

5111.11 (5162.21), 5111.111 (5162.211), 5111.112

357

(5162.212), 5111.113 (5162.22), 5111.114

358

(5163.33), 5111.12 (5162.23), 5111.121 (5162.24),

359

5111.13 (5164.85), 5111.14 (5164.88), 5111.141

360

(5164.89), 5111.15 (5163.20), 5111.151 (5163.21),

361

5111.16 (5167.03), 5111.161 (5167.031), 5111.162

362

(5167.20), 5111.163 (5167.201), 5111.17 (5167.10),

363

5111.171 (5167.31), 5111.172 (5167.12), 5111.173

364

(5167.40), 5111.174 (5167.41), 5111.175 (5167.26),

365

5111.177 (5167.11), 5111.178 (5167.25), 5111.179

366

(5167.13), 5111.1710 (5167.14), 5111.1711

367

(5167.30), 5111.18 (5164.86), 5111.181 (5163.22),

368

5111.19 (5164.74), 5111.191 (5164.741), 5111.20

369

(5165.01), 5111.201 (5165.011), 5111.202

370

(5165.03), 5111.203 (5165.031), 5111.204

371

(5165.04), 5111.21 (5165.06), 5111.212 (5165.35),

372

5111.22 (5165.07), 5111.221 (5165.37), 5111.222

373

(5165.15), 5111.223 (5165.071), 5111.224

374

(5124.15), 5111.225 (5165.155), 5111.226

375

(5124.02), 5111.23 (5124.19), 5111.231 (5165.19),

376

5111.232 (5165.192), 5111.233 (5124.194), 5111.235

377

(5124.23), 5111.24 (5165.16), 5111.241 (5124.21),

378

5111.242 (5165.21), 5111.244 (5165.25), 5111.245

379

(5165.26), 5111.246 (5165.23), 5111.25 (5165.17),

380

5111.251 (5124.17), 5111.254 (5165.151), 5111.255

381

(5124.151), 5111.257 (5165.28), 5111.258

382

(5165.153), 5111.259 (5165.156), 5111.26

383

(5165.10), 5111.261 (5165.107), 5111.262

384

(5165.47), 5111.263 (5124.29), 5111.264 (5165.30),

385

5111.265 (5165.29), 5111.266 (5165.101), 5111.27

386

(5165.108), 5111.271 (5165.1010), 5111.28

387

(5165.40), 5111.29 (5165.38), 5111.291 (5124.154),

388

5111.30 (5165.073), 5111.31 (5165.08), 5111.32

389

(5165.081), 5111.33 (5124.34), 5111.331 (5165.34),

390

5111.35 (5165.60), 5111.36 (5165.61), 5111.37

391

(5165.62), 5111.38 (5165.63), 5111.39 (5165.64),

392

5111.40 (5165.65), 5111.41 (5165.66), 5111.411

393

(5165.67), 5111.42 (5165.68), 5111.43 (5165.69),

394

5111.44 (5165.70), 5111.45 (5165.71), 5111.46

395

(5165.72), 5111.47 (5165.73), 5111.48 (5165.74),

396

5111.49 (5165.75), 5111.50 (5165.76), 5111.51

397

(5165.77), 5111.511 (5165.78), 5111.52 (5165.79),

398

5111.53 (5165.80), 5111.54 (5165.81), 5111.55

399

(5165.82), 5111.56 (5165.83), 5111.57 (5165.84),

400

5111.58 (5165.85), 5111.59 (5165.86), 5111.60

401

(5165.87), 5111.61 (5165.88), 5111.62 (5162.66),

402

5111.63 (5165.89), 5111.66 (5165.50), 5111.661

403

(5165.501), 5111.67 (5165.51), 5111.671

404

(5165.511), 5111.672 (5165.512), 5111.673

405

(5165.513), 5111.674 (5165.514), 5111.675

406

(5165.515), 5111.676 (5165.516), 5111.677

407

(5165.517), 5111.68 (5165.52), 5111.681

408

(5165.521), 5111.682 (5165.522), 5111.683

409

(5165.523), 5111.684 (5165.524), 5111.685

410

(5165.525), 5111.686 (5165.526), 5111.687

411

(5165.527), 5111.688 (5165.528), 5111.689

412

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

413

5111.702 (5163.092), 5111.703 (5163.093), 5111.704

414

(5163.094), 5111.705 (5163.095), 5111.706

415

(5163.096), 5111.707 (5163.097), 5111.708

416

(5163.098), 5111.709 (5163.099), 5111.7011

417

(5163.0910), 5111.71 (5162.36), 5111.711

418

(5162.361), 5111.712 (5162.362), 5111.713

419

(5162.363), 5111.714 (5162.64), 5111.715

420

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

421

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

422

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

423

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

424

(5166.11), 5111.861 (5166.12), 5111.862

425

(5166.121), 5111.863 (5166.13), 5111.864

426

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

427

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

428

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

429

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

430

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

431

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

432

(5166.303), 5111.884 (5166.304), 5111.885

433

(5166.305), 5111.886 (5166.306), 5111.887

434

(5166.307), 5111.888 (5166.308), 5111.889

435

(5166.309), 5111.8810 (5166.3010), 5111.89

436

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

437

5111.893 (173.547), 5111.894 (173.542), 5111.90

438

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

439

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

440

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

441

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

442

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

443

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

444

(5162.031), 5111.981 (5164.91), 5111.982

445

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

446

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

447

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

448

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

449

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

450

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

451

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

452

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

453

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

454

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

455

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

456

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

457

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

458

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

459

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

460

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

461

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

462

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

463

(5119.18), 5119.072 (5119.181), 5119.08

464

(5119.182), 5119.10 (5119.184), 5119.101

465

(5119.185), 5119.11 (5119.186), 5119.12

466

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

467

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

468

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

469

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

470

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

471

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

472

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

473

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

474

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

475

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

476

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

477

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

478

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

479

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

480

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

481

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

482

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

483

5507.02 (128.02), 5507.021 (128.021), 5507.022

484

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

485

5507.07 (128.07), 5507.08 (128.08), 5507.09

486

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

487

5507.18 (128.18), 5507.22 (128.22), 5507.25

488

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

489

5507.32 (128.32), 5507.34 (128.34), 5507.40

490

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

491

5507.46 (128.46), 5507.52 (128.52), 5507.53

492

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

493

5507.57 (128.57), 5507.571 (128.571), 5507.60

494

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

495

to enact new sections 1901.121, 3313.481,

496

3317.014, 3317.02, 3317.022, 3317.0217, 3317.051,

497

3317.16, 3326.39, 3327.02, 3345.81, and 3737.883,

498

and sections 1.611, 101.392, 103.0521, 121.483,

499

122.681, 123.19, 125.27, 126.211, 149.307, 173.51,

500

173.522, 173.523, 173.525, 173.543, 173.545,

501

173.546, 173.56, 173.60, 191.061, 340.08, 353.01

502

to 353.16, 511.261, 517.271, 721.29, 903.30,

503

991.041, 1327.502, 1509.16, 1545.23, 1547.532,

504

1901.122, 1901.123, 1907.141, 1907.142, 1907.143,

505

2329.192, 2743.041, 3302.26, 3310.032, 3310.035,

506

3313.6018, 3313.6019, 3313.848, 3313.849,

507

3314.042, 3314.082, 3314.086, 3314.092, 3314.29,

508

3317.016, 3317.017, 3317.0213, 3317.0214,

509

3317.161, 3317.40, 3319.031, 3319.0812, 3325.13,

510

3325.14, 3326.112, 3327.07, 3328.27, 3333.049,

511

3333.124, 3333.342, 3333.613, 3337.16, 3345.48,

512

3350.15, 3365.022, 3501.054, 3701.033, 3701.94,

513

3701.941, 3701.942, 3701.943, 3701.944, 3701.95,

514

3701.96, 3701.98, 3702.302, 3702.303, 3702.304,

515

3702.305, 3702.306, 3702.307, 3702.308, 3714.074,

516

3721.072, 3772.36, 4123.322, 4503.524, 4503.526,

517

4503.732, 4503.95, 4503.96, 4713.641, 4729.542,

518

4731.299, 4751.042, 4751.14, 5101.101, 5101.804,

519

5119.28, 5119.341, 5123.023, 5124.01, 5124.03,

520

5124.05, 5124.06, 5124.07, 5124.071, 5124.072,

521

5124.08, 5124.081, 5124.10, 5124.101, 5124.102,

522

5124.103, 5124.104, 5124.105, 5124.106, 5124.107,

523

5124.108, 5124.109, 5124.152, 5124.153, 5124.191,

524

5124.192, 5124.193, 5124.25, 5124.28, 5124.30,

525

5124.31, 5124.32, 5124.33, 5124.35, 5124.37,

526

5124.38, 5124.40, 5124.41, 5124.42, 5124.43,

527

5124.44, 5124.45, 5124.46, 5124.50, 5124.51,

528

5124.511, 5124.512, 5124.513, 5124.514, 5124.515,

529

5124.516, 5124.517, 5124.52, 5124.521, 5124.522,

530

5124.523, 5124.524, 5124.525, 5124.526, 5124.527,

531

5124.528, 5124.53, 5124.67, 5124.99, 5126.131,

532

5139.282, 5160.01, 5160.011, 5160.02, 5160.021,

533

5160.03, 5160.04, 5160.05, 5160.051, 5160.052,

534

5160.06, 5160.10, 5160.11, 5160.12, 5160.13,

535

5160.16, 5160.20, 5160.21, 5160.22, 5160.23,

536

5160.30, 5160.31, 5160.371, 5160.46, 5160.47,

537

5160.48, 5160.481, 5160.50, 5160.52, 5160.99,

538

5161.01, 5162.01, 5162.02, 5162.021, 5162.022,

539

5162.05, 5162.06, 5162.07, 5162.12, 5162.31,

540

5162.60, 5162.62, 5163.01, 5163.03, 5163.04,

541

5163.05, 5163.06, 5163.061, 5163.08, 5164.01,

542

5164.03, 5164.30, 5164.33, 5164.55, 5164.59,

543

5164.60, 5164.61, 5164.71, 5164.72, 5164.73,

544

5164.78, 5164.83, 5164.911, 5165.02, 5165.072,

545

5165.082, 5165.102, 5165.103, 5165.104, 5165.105,

546

5165.106, 5165.109, 5165.152, 5165.154, 5165.191,

547

5165.193, 5165.32, 5165.33, 5165.41, 5165.42,

548

5165.43, 5165.44, 5165.45, 5165.46, 5165.49,

549

5165.771, 5166.01, 5166.16, 5167.01, 5167.02,

550

5168.41, 5703.75, 5703.76, 5705.55, 5735.013,

551

5741.032, 5751.40, 5910.08, 5919.342, and

552

6133.041; and to repeal sections 122.076, 122.15,

553

122.151, 122.152, 122.153, 122.154, 122.29,

554

122.97, 123.23, 125.837, 125.838, 149.51, 149.55,

555

166.22, 166.28, 173.425, 173.433, 183.28, 184.04,

556

340.022, 340.033, 340.06, 340.14, 1513.371,

557

1531.34, 1547.721, 1547.722, 1547.723, 1547.724,

558

1547.725, 1547.726, 1901.121, 2743.54, 3302.043,

559

3304.24, 3304.26, 3304.38, 3313.481, 3313.482,

560

3313.4811, 3314.088, 3314.13, 3317.012, 3317.014,

561

3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,

562

3317.051, 3317.052, 3317.053, 3317.11, 3317.16,

563

3317.62, 3317.63, 3317.64, 3318.023, 3323.16,

564

3326.39, 3327.02, 3345.81, 3353.09, 3353.15,

565

3353.20, 3383.02, 3383.03, 3383.04, 3383.05,

566

3383.06, 3383.08, 3383.09, 3506.22, 3517.1010,

567

3701.072, 3701.263, 3701.343, 3701.90, 3701.901,

568

3701.902, 3701.903, 3701.904, 3701.905, 3701.906,

569

3701.907, 3721.026, 3793.02, 3793.03, 3793.04,

570

3793.041, 3793.05, 3793.06, 3793.061, 3793.08,

571

3793.09, 3793.19, 3793.20, 3793.21, 3793.99,

572

5101.503, 5101.514, 5101.515, 5101.518, 5101.523,

573

5101.525, 5101.526, 5101.528, 5101.529, 5111.012,

574

5111.014, 5111.015, 5111.0110, 5111.0111,

575

5111.0113, 5111.0115, 5111.0120, 5111.0121,

576

5111.0122, 5111.0123, 5111.0124, 5111.0125,

577

5111.176, 5111.211, 5111.236, 5111.65, 5111.8710,

578

5111.8811, 5111.913, 5111.942, 5111.946, 5119.011,

579

5119.013, 5119.03, 5119.05, 5119.47, 5119.623,

580

5119.64, 5119.65, 5119.66, 5119.67, 5119.68,

581

5507.65, 5507.66, 5707.05, 5727.41, 5733.35,

582

5747.211, 5747.33, 6101.451, and 6111.029 of the

583

Revised Code; to amend Section 1 of Sub. H.B. 34

584

of the 130th General Assembly; to amend Sections

585

205.10 and 506.10 of Am. Sub. H.B. 51 of the 130th

586

General Assembly; to amend Section 753.30 of Am.

587

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

588

amend Section 11 of Sub. H.B. 303 of the 129th

589

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

590

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

591

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

592

482 of the 129th General Assembly; to amend

593

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

594

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

595

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

596

General Assembly, as subsequently amended; to

597

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

598

General Assembly, as subsequently amended; to

599

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

600

128th General Assembly; to repeal Section

601

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

602

General Assembly; to repeal Section 125.10 of Am.

603

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

604

subsequently amended; to repeal Section 514.03 of

605

Am. Sub. H.B. 66 of the 126th General Assembly; to

606

repeal Section 153 of Am. Sub. H.B. 117 of the

607

121st General Assembly as subsequently amended; to

608

amend Sections 203.30.40, 203.30.70, 203.30.80,

609

203.90.10, 203.90.20, 205.10.20, 205.30.90,

610

205.50.70, and 207.10.10 of Sub. S.B. 312 of the

611

129th General Assembly; to amend the versions of

612

sections 109.57, 2151.011, 2923.126, 5104.012,

613

5104.013, 5104.03, 5104.08, and 5104.32 of the

614

Revised Code that are scheduled to take effect

615

January 1, 2014, to continue the provisions of

616

this act on and after that effective date; to

617

amend the versions of sections 4501.01, 4507.01,

618

and 4507.06 of the Revised Code that are scheduled

619

to take effect January 1, 2017, to continue the

620

provisions of this act on and after that effective

621

date; to amend section 3313.88 of the Revised Code

622

as it results from Section 101.01 of this act for

623

the purpose of adopting new section number

624

3313.482 on July 1, 2014; to make operating

625

appropriations for the biennium beginning July 1,

626

2013, and ending June 30, 2015; to provide

627

authorization and conditions for the operation of

628

state programs; to repeal sections 5168.20,

629

5168.21, 5168.22, 5168.23, 5168.24, 5168.25,

630

5168.26, 5168.27, and 5168.28 of the Revised Code

631

on October 1, 2015, to terminate the operation of

632

those sections on that date; to repeal sections

633

5168.01, 5168.02, 5168.03, 5168.04, 5168.05,

634

5168.06, 5168.07, 5168.08, 5168.09, 5168.10,

635

5168.11, 5168.12, 5168.13, 5168.99, and 5168.991

636

of the Revised Code on October 16, 2015, to

637

terminate the operation of those sections on that

638

date; and to repeal section 5124.67 of the Revised

639

Code on July 1, 2018, to terminate the operation

640

of that section on that date.

641

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

Section 101.01. That sections 9.03, 9.15, 9.231, 9.239, 9.24,	642
9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144, 107.033,	643
107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746, 109.77,	644
109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02, 113.061,	645
117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03, 121.22,	646
121.35, 121.37, 121.372, 122.075, 122.083, 122.17, 122.171,	647
122.175, 122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35,	648
122.36, 122.58, 122.657, 122.658, 122.66, 122.67, 122.68, 122.69,	649
122.70, 122.701, 122.76, 122.861, 123.01, 123.10, 123.11, 123.201,	650
123.21, 123.27, 124.11, 124.14, 124.18, 124.30, 124.341, 124.381,	651
124.57, 124.84, 125.05, 125.21, 125.212, 125.28, 125.602, 125.603,	652
125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45, 126.46,	653
126.47, 126.48, 127.14, 127.16, 133.01, 133.06, 135.143, 135.22,	654
135.35, 135.61, 135.71, 135.80, 135.81, 135.85, 140.01, 140.03,	655
140.05, 145.01, 145.012, 145.22, 149.01, 149.12, 149.311, 149.43,	656
149.431, 149.54, 151.11, 152.09, 153.692, 154.01, 154.17, 154.20,	657
154.22, 154.23, 154.25, 156.02, 156.03, 156.04, 156.05, 166.02,	658
166.03, 166.04, 166.08, 166.25, 167.03, 169.02, 169.05, 169.07,	659
169.08, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21, 173.23,	660
173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392, 173.394,	661
173.40, 173.401, 173.402, 173.403, 173.404, 173.42, 173.43,	662
173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	663
173.501, 173.99, 175.04, 191.01, 191.02, 191.04, 191.06, 301.28,	664
306.35, 307.07, 307.674, 307.699, 307.86, 309.09, 317.08, 317.36,	665
321.35, 321.44, 329.04, 329.051, 329.06, 329.14, 339.02, 339.05,	666
339.06, 339.07, 340.01, 340.011, 340.02, 340.021, 340.03, 340.031,	667
340.032, 340.04, 340.05, 340.07, 340.09, 340.091, 340.10, 340.11,	668
340.12, 340.13, 340.15, 340.16, 341.192, 349.01, 349.04, 351.021,	669
715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06, 901.21,	670
901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02, 924.06,	671
927.54, 935.01, 935.03, 935.12, 955.01, 955.05, 955.06, 955.07,	672
955.08, 955.09, 955.14, 955.201, 956.07, 956.18, 991.03, 991.04,	673
991.06, 1309.521, 1321.51, 1321.535, 1321.55, 1322.01, 1322.051,	674
1327.46, 1327.48, 1327.50, 1327.501, 1327.61, 1327.99, 1332.26,	675
1337.11, 1347.08, 1501.011, 1501.45, 1506.21, 1506.30, 1509.01,	676
1509.02, 1509.062, 1509.10, 1509.11, 1509.50, 1511.02, 1511.022,	677
1519.05, 1531.06, 1531.17, 1545.071, 1547.542, 1547.99, 1548.02,	678
1551.33, 1551.35, 1555.15, 1711.07, 1724.03, 1739.061, 1751.01,	679
1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60, 1901.10,	680
1901.12, 1907.14, 1923.14, 2101.24, 2108.05, 2113.041, 2113.06,	681
2117.061, 2117.25, 2133.01, 2133.25, 2151.011, 2151.3514,	682
2151.362, 2151.83, 2151.86, 2152.54, 2152.59, 2301.14, 2303.201,	683
2305.234, 2307.65, 2311.14, 2317.02, 2317.422, 2335.09, 2335.11,	684
2505.02, 2701.03, 2701.031, 2743.03, 2743.09, 2743.121, 2743.20,	685
2743.48, 2743.52, 2743.53, 2743.531, 2743.55, 2743.60, 2743.601,	686
2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.67,	687
2743.68, 2743.69, 2743.71, 2744.05, 2744.08, 2744.081, 2744.082,	688
2901.13, 2901.30, 2903.33, 2907.22, 2913.01, 2913.40, 2913.401,	689
2919.271, 2921.01, 2921.22, 2921.36, 2921.38, 2923.126, 2925.03,	690
2929.15, 2930.01, 2935.03, 2935.33, 2945.37, 2945.371, 2945.38,	691
2945.39, 2945.40, 2945.401, 2951.041, 2953.32, 2967.22, 2981.01,	692
2981.12, 2981.13, 3101.051, 3107.083, 3109.15, 3111.04, 3111.72,	693
3119.29, 3119.54, 3121.441, 3121.89, 3121.891, 3121.892, 3121.893,	694
3121.898, 3123.958, 3125.18, 3125.36, 3301.07, 3301.0712,	695
3301.0714, 3301.0715, 3301.0723, 3301.0725, 3301.15, 3302.01,	696
3302.03, 3302.032, 3302.20, 3302.21, 3302.22, 3303.41, 3304.11,	697
3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17, 3304.18,	698
3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22, 3304.23,	699
3304.231, 3304.25, 3304.27, 3304.28, 3304.41, 3305.03, 3307.51,	700
3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08,	701
3310.56, 3311.0510, 3311.19, 3311.22, 3311.231, 3311.38, 3311.86,	702
3312.08, 3313.372, 3313.376, 3313.48, 3313.483, 3313.484,	703
3313.488, 3313.4810, 3313.533, 3313.539, 3313.603, 3313.6013,	704
3313.6016, 3313.612, 3313.615, 3313.62, 3313.64, 3313.646,	705
3313.65, 3313.714, 3313.715, 3313.83, 3313.841, 3313.843,	706
3313.844, 3313.845, 3313.847, 3313.88, 3313.911, 3313.978,	707
3313.98, 3313.981, 3314.015, 3314.017, 3314.027, 3314.029,	708
3314.03, 3314.05, 3314.06, 3314.072, 3314.074, 3314.08, 3314.083,	709
3314.084, 3314.087, 3314.09, 3314.091, 3314.11, 3314.26, 3314.35,	710
3315.40, 3315.42, 3316.041, 3316.06, 3317.01, 3317.013, 3317.021,	711
3317.023, 3317.0212, 3317.03, 3317.032, 3317.05, 3317.06,	712
3317.063, 3317.08, 3317.10, 3317.14, 3317.18, 3317.19, 3317.20,	713
3317.50, 3317.51, 3318.011, 3318.031, 3318.08, 3318.31, 3318.36,	714
3318.363, 3319.07, 3319.073, 3319.0811, 3319.112, 3319.17,	715
3319.22, 3319.235, 3319.57, 3319.58, 3321.01, 3321.05, 3323.021,	716
3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091, 3323.13,	717
3323.14, 3323.141, 3323.142, 3326.07, 3326.08, 3326.11, 3326.20,	718
3326.31, 3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01,	719
3333.041, 3333.73, 3333.82, 3334.08, 3335.35, 3335.36, 3335.37,	720
3335.38, 3345.05, 3345.06, 3345.12, 3353.01, 3353.02, 3353.03,	721
3353.04, 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.07,	722
3365.12, 3383.01, 3383.07, 3501.01, 3517.10, 3517.102, 3517.103,	723
3517.153, 3517.154, 3517.155, 3517.20, 3517.992, 3599.45,	724
3701.023, 3701.024, 3701.027, 3701.041, 3701.13, 3701.132,	725
3701.243, 3701.261, 3701.262, 3701.264, 3701.342, 3701.344,	726
3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83, 3701.881,	727
3701.921, 3701.922, 3701.99, 3702.30, 3702.51, 3702.521, 3702.55,	728
3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01,	729
3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.03,	730
3714.07, 3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02,	731
3721.022, 3721.024, 3721.027, 3721.042, 3721.071, 3721.08,	732
3721.10, 3721.12, 3721.121, 3721.13, 3721.14, 3721.15, 3721.16,	733
3721.17, 3721.19, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513,	734
3721.52, 3721.53, 3721.531, 3721.532, 3721.533, 3721.54, 3721.541,	735
3721.55, 3721.56, 3721.57, 3721.58, 3727.01, 3734.28, 3734.57,	736
3734.901, 3734.907, 3735.58, 3735.67, 3737.02, 3737.83, 3737.841,	737
3737.88, 3737.882, 3742.30, 3742.31, 3742.32, 3742.51, 3745.11,	738
3745.113, 3745.72, 3769.08, 3769.087, 3769.088, 3770.02, 3770.06,	739
3772.062, 3781.112, 3793.01, 3793.031, 3793.032, 3793.051,	740
3793.10, 3793.11, 3793.12, 3793.13, 3793.14, 3793.15, 3793.16,	741
3793.18, 3793.22, 3793.31, 3793.32, 3793.33, 3793.34, 3793.35,	742
3793.36, 3793.37, 3793.38, 3793.39, 3795.01, 3798.01, 3798.10,	743
3798.13, 3798.14, 3798.15, 3798.16, 3901.3814, 3903.14, 3905.40,	744
3905.483, 3905.862, 3916.06, 3923.24, 3923.241, 3923.281,	745
3923.443, 3923.49, 3923.50, 3923.601, 3923.83, 3924.41, 3924.42,	746
3963.01, 3963.04, 4104.33, 4112.02, 4112.12, 4112.31, 4115.034,	747
4115.32, 4117.06, 4117.14, 4117.15, 4121.44, 4121.441, 4121.50,	748
4121.69, 4123.32, 4123.35, 4123.41, 4123.54, 4123.57, 4123.93,	749
4131.03, 4141.162, 4141.29, 4301.01, 4301.10, 4301.30, 4301.43,	750
4301.62, 4303.181, 4305.131, 4501.01, 4501.21, 4503.03, 4503.10,	751
4503.44, 4503.62, 4505.02, 4505.09, 4506.07, 4507.01, 4507.06,	752
4507.51, 4510.038, 4510.45, 4511.19, 4511.191, 4511.21, 4511.69,	753
4511.85, 4513.34, 4701.03, 4707.02, 4707.073, 4707.10, 4709.11,	754
4713.08, 4713.44, 4715.22, 4715.36, 4715.372, 4717.03, 4717.06,	755
4717.07, 4717.10, 4717.14, 4717.15, 4719.01, 4723.18, 4723.35,	756
4723.481, 4725.03, 4725.16, 4729.51, 4729.54, 4729.69, 4729.77,	757
4729.78, 4729.79, 4729.80, 4729.81, 4729.99, 4730.411, 4731.151,	758
4731.23, 4731.65, 4731.71, 4734.41, 4735.07, 4735.09, 4735.10,	759
4735.142, 4735.56, 4742.01, 4751.01, 4751.02, 4751.03, 4751.04,	760
4751.041, 4751.05, 4751.06, 4751.07, 4751.08, 4751.10, 4751.11,	761
4751.12, 4751.13, 4753.071, 4755.11, 4755.47, 4755.481, 4755.64,	762
4758.10, 4758.11, 4761.01, 4778.02, 4778.03, 4781.121, 4781.28,	763
4781.29, 4906.20, 5101.01, 5101.11, 5101.141, 5101.16, 5101.162,	764
5101.18, 5101.181, 5101.183, 5101.184, 5101.26, 5101.271,	765
5101.272, 5101.273, 5101.30, 5101.31, 5101.34, 5101.35, 5101.36,	766
5101.46, 5101.461, 5101.47, 5101.49, 5101.50, 5101.501, 5101.502,	767
5101.51, 5101.511, 5101.512, 5101.513, 5101.516, 5101.517,	768
5101.519, 5101.5110, 5101.52, 5101.521, 5101.522, 5101.524,	769
5101.527, 5101.571, 5101.572, 5101.573, 5101.574, 5101.575,	770
5101.58, 5101.59, 5101.591, 5101.60, 5101.61, 5101.80, 5101.801,	771
5101.803, 5103.02, 5103.0323, 5103.13, 5103.42, 5104.012,	772
5104.013, 5104.02, 5104.021, 5104.03, 5104.08, 5104.11, 5104.12,	773
5104.32, 5107.10, 5107.14, 5107.16, 5107.20, 5107.24, 5107.26,	774
5107.42, 5107.64, 5111.01, 5111.011, 5111.013, 5111.016, 5111.018,	775
5111.0112, 5111.0114, 5111.0116, 5111.0117, 5111.0118, 5111.0119,	776
5111.02, 5111.021, 5111.022, 5111.023, 5111.024, 5111.025,	777
5111.027, 5111.028, 5111.029, 5111.0210, 5111.0211, 5111.0212,	778
5111.0213, 5111.0214, 5111.0215, 5111.03, 5111.031, 5111.032,	779
5111.033, 5111.034, 5111.035, 5111.04, 5111.042, 5111.05,	780
5111.051, 5111.052, 5111.053, 5111.054, 5111.06, 5111.061,	781
5111.062, 5111.063, 5111.07, 5111.071, 5111.08, 5111.081,	782
5111.082, 5111.083, 5111.084, 5111.085, 5111.086, 5111.09,	783
5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	784
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	785
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	786
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	787
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	788
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	789
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	790
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	791
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	792
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	793
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	794
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	795
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	796
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	797
5111.37, 5111.38, 5111.39, 5111.41, 5111.411, 5111.42, 5111.43,	798
5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50,	799
5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56,	800
5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.63,	801
5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	802
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	803
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	804
5111.688, 5111.689, 5111.70, 5111.701, 5111.702, 5111.703,	805
5111.704, 5111.705, 5111.707, 5111.708, 5111.709, 5111.7011,	806
5111.71, 5111.711, 5111.712, 5111.713, 5111.714, 5111.715,	807
5111.83, 5111.84, 5111.85, 5111.851, 5111.852, 5111.853, 5111.854,	808
5111.855, 5111.856, 5111.86, 5111.861, 5111.862, 5111.863,	809
5111.864, 5111.865, 5111.87, 5111.871, 5111.872, 5111.873,	810
5111.874, 5111.875, 5111.876, 5111.877, 5111.878, 5111.879,	811
5111.88, 5111.881, 5111.882, 5111.885, 5111.886, 5111.887,	812
5111.888, 5111.889, 5111.8810, 5111.89, 5111.891, 5111.892,	813
5111.894, 5111.90, 5111.91, 5111.911, 5111.912, 5111.914,	814
5111.915, 5111.92, 5111.93, 5111.94, 5111.941, 5111.943, 5111.944,	815
5111.945, 5111.96, 5111.97, 5111.98, 5111.981, 5111.982, 5111.99,	816
5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08,	817
5112.09, 5112.10, 5112.11, 5112.17, 5112.18, 5112.19, 5112.21,	818
5112.30, 5112.31, 5112.32, 5112.33, 5112.331, 5112.34, 5112.341,	819
5112.35, 5112.37, 5112.371, 5112.38, 5112.39, 5112.40, 5112.41,	820
5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, 5112.48,	821
5112.99, 5112.991, 5115.20, 5117.10, 5119.01, 5119.012, 5119.02,	822
5119.04, 5119.06, 5119.061, 5119.07, 5119.071, 5119.072, 5119.08,	823
5119.10, 5119.101, 5119.11, 5119.12, 5119.14, 5119.16, 5119.161,	824
5119.17, 5119.18, 5119.20, 5119.201, 5119.202, 5119.21, 5119.22,	825
5119.221, 5119.23, 5119.24, 5119.27, 5119.30, 5119.33, 5119.34,	826
5119.35, 5119.351, 5119.36, 5119.42, 5119.43, 5119.44, 5119.46,	827
5119.51, 5119.52, 5119.53, 5119.57, 5119.60, 5119.61, 5119.611,	828
5119.612, 5119.613, 5119.62, 5119.621, 5119.622, 5119.63,	829
5119.631, 5119.69, 5119.691, 5119.99, 5120.07, 5120.09, 5120.135,	830
5120.17, 5120.171, 5120.652, 5120.654, 5121.051, 5121.30, 5121.32,	831
5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.40,	832
5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.49,	833
5121.50, 5121.51, 5121.52, 5121.55, 5122.01, 5122.03, 5122.10,	834
5122.11, 5122.12, 5122.13, 5122.15, 5122.17, 5122.18, 5122.19,	835
5122.20, 5122.21, 5122.23, 5122.25, 5122.26, 5122.27, 5122.271,	836
5122.31, 5122.311, 5122.32, 5122.33, 5122.34, 5122.341, 5122.39,	837
5122.43, 5122.44, 5122.45, 5122.46, 5122.47, 5123.01, 5123.021,	838
5123.022, 5123.03, 5123.0412, 5123.0417, 5123.09, 5123.171,	839
5123.19, 5123.192, 5123.197, 5123.198, 5123.38, 5123.61, 5123.86,	840
5126.01, 5126.026, 5126.043, 5126.05, 5126.051, 5126.054,	841
5126.055, 5139.03, 5139.04, 5139.08, 5139.34, 5145.162, 5145.18,	842
5153.16, 5302.221, 5309.082, 5309.68, 5309.86, 5501.311, 5501.312,	843
5501.73, 5502.011, 5505.12, 5507.01, 5507.02, 5507.021, 5507.022,	844
5507.03, 5507.06, 5507.07, 5507.08, 5507.09, 5507.12, 5507.15,	845
5507.18, 5507.22, 5507.25, 5507.26, 5507.27, 5507.32, 5507.34,	846
5507.40, 5507.42, 5507.44, 5507.46, 5507.52, 5507.53, 5507.54,	847
5507.55, 5507.57, 5507.571, 5507.60, 5507.63, 5507.99, 5511.03,	848
5515.08, 5701.13, 5703.052, 5703.059, 5703.21, 5703.37, 5703.82,	849
5705.01, 5705.19, 5705.192, 5705.21, 5705.217, 5705.218, 5705.221,	850
5705.25, 5709.17, 5715.19, 5715.27, 5717.01, 5725.18, 5725.34,	851
5726.20, 5726.52, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10,	852
5729.03, 5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.55,	853
5733.98, 5735.012, 5735.12, 5735.27, 5735.34, 5739.01, 5739.02,	854
5739.026, 5739.09, 5739.13, 5741.01, 5741.03, 5741.17, 5743.081,	855
5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022, 5747.025,	856
5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13, 5747.21,	857
5747.22, 5747.47, 5747.501, 5747.76, 5747.98, 5748.01, 5749.02,	858
5749.06, 5749.07, 5749.17, 5751.01, 5751.011, 5751.02, 5751.03,	859
5751.07, 5751.081, 5751.09, 5751.20, 5751.21, 5753.03, 5753.07,	860
5815.28, 5902.02, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502,	861
5924.503, 5924.504, 5924.506, 6109.21, and 6111.037 be amended;	862
sections 173.394 (173.38), 173.40 (173.52), 173.401 (173.521),	863
173.402 (173.524), 173.403 (173.53), 173.404 (173.55), 3304.14	864
(3304.15), 3304.15 (3304.16), 3304.16 (3304.14), 3304.23	865
(3335.60), 3304.231 (3335.61), 3313.847 (3317.30), 3333.90	866
(3333.59), 3383.01 (123.28), 3383.07 (123.281), 3701.041 (124.88),	867
3721.50 (5168.40), 3721.51 (5168.42), 3721.511 (5168.43), 3721.512	868
(5168.44), 3721.513 (5168.45), 3721.52 (5168.46), 3721.53	869
(5168.47), 3721.531 (5168.48), 3721.532 (5168.49), 3721.533	870
(5168.50), 3721.54 (5168.51), 3721.541 (5168.52), 3721.55	871
(5168.53), 3721.56 (5168.54), 3721.57 (5168.55), 3721.58	872
(5168.56), 3737.883 (3737.884), 3793.01 (5119.01), 3793.031	873
(5119.201), 3793.032 (5119.47), 3793.051 (5119.161), 3793.10	874
(5119.38), 3793.11 (5119.39), 3793.12 (5119.61), 3793.13	875
(5119.27), 3793.14 (5119.26), 3793.15 (5119.17), 3793.16	876
(5119.188), 3793.18 (5119.30), 3793.22 (5119.49), 3793.31	877
(5119.90), 3793.32 (5119.91), 3793.33 (5119.92), 3793.34	878
(5119.93), 3793.35 (5119.94), 3793.36 (5119.95), 3793.37	879
(5119.96), 3793.38 (5119.97), 3793.39 (5119.98), 5101.271	880
(5160.45), 5101.31 (5164.756), 5101.50 (5161.05), 5101.501	881
(5161.06), 5101.502 (5161.02), 5101.51 (5161.10), 5101.511	882
(5161.11), 5101.5110 (5161.35), 5101.512 (5161.12), 5101.513	883
(5161.30), 5101.516 (5161.22), 5101.517 (5161.24), 5101.519	884
(5161.27), 5101.52 (5161.15), 5101.521 (5161.16), 5101.522	885
(5161.17), 5101.524 (5161.20), 5101.527 (5161.25), 5101.571	886
(5160.35), 5101.572 (5160.39), 5101.573 (5160.40), 5101.574	887
(5160.41), 5101.575 (5160.42), 5101.58 (5160.37), 5101.59	888
(5160.38), 5101.591 (5160.43), 5111.01 (5162.03), 5111.011	889
(5163.02), 5111.013 (5163.40), 5111.016 (5164.26), 5111.018	890
(5164.07), 5111.0112 (5162.20), 5111.0114 (5164.754), 5111.0116	891
(5163.30), 5111.0117 (5163.31), 5111.0118 (5163.32), 5111.0119	892
(5163.45), 5111.02 (5164.02), 5111.021 (5164.70), 5111.022	893
(5164.56), 5111.023 (5164.15), 5111.024 (5164.08), 5111.025	894
(5164.76), 5111.027 (5164.20), 5111.028 (5164.32), 5111.029	895
(5164.06), 5111.0210 (5164.92), 5111.0211 (5165.48), 5111.0212	896
(5164.80), 5111.0213 (5164.77), 5111.0214 (5164.82), 5111.0215	897
(5164.93), 5111.03 (5164.35), 5111.031 (5164.37), 5111.032	898
(5164.34), 5111.033 (5164.342), 5111.034 (5164.341), 5111.035	899
(5164.36), 5111.04 (5164.05), 5111.042 (5164.25), 5111.05	900
(5164.45), 5111.051 (5164.48), 5111.052 (5164.46), 5111.053	901
(5164.301), 5111.054 (5164.47), 5111.06 (5164.38), 5111.061	902
(5164.57), 5111.062 (5164.39), 5111.063 (5164.31), 5111.07	903
(5164.752), 5111.071 (5164.753), 5111.08 (5164.759), 5111.081	904
(5164.755), 5111.082 (5164.751), 5111.083 (5164.757), 5111.084	905
(5164.7510), 5111.085 (5164.758), 5111.086 (5164.75), 5111.09	906
(5162.13), 5111.091 (5162.131), 5111.092 (5162.132), 5111.10	907
(5162.10), 5111.101 (5162.15), 5111.102 (5162.04), 5111.11	908
(5162.21), 5111.111 (5162.211), 5111.112 (5162.212), 5111.113	909
(5162.22), 5111.114 (5163.33), 5111.12 (5162.23), 5111.121	910
(5162.24), 5111.13 (5164.85), 5111.14 (5164.88), 5111.141	911
(5164.89), 5111.15 (5163.20), 5111.151 (5163.21), 5111.16	912
(5167.03), 5111.161 (5167.031), 5111.162 (5167.20), 5111.163	913
(5167.201), 5111.17 (5167.10), 5111.171 (5167.31), 5111.172	914
(5167.12), 5111.173 (5167.40), 5111.174 (5167.41), 5111.175	915
(5167.26), 5111.177 (5167.11), 5111.178 (5167.25), 5111.179	916
(5167.13), 5111.1710 (5167.14), 5111.1711 (5167.30), 5111.18	917
(5164.86), 5111.181 (5163.22), 5111.19 (5164.74), 5111.191	918
(5164.741), 5111.20 (5165.01), 5111.201 (5165.011), 5111.202	919
(5165.03), 5111.203 (5165.031), 5111.204 (5165.04), 5111.21	920
(5165.06), 5111.212 (5165.35), 5111.22 (5165.07), 5111.221	921
(5165.37), 5111.222 (5165.15), 5111.223 (5165.071), 5111.224	922
(5124.15), 5111.225 (5165.155), 5111.226 (5124.02), 5111.23	923
(5124.19), 5111.231 (5165.19), 5111.232 (5165.192), 5111.233	924
(5124.194), 5111.235 (5124.23), 5111.24 (5165.16), 5111.241	925
(5124.21), 5111.242 (5165.21), 5111.244 (5165.25), 5111.245	926
(5165.26), 5111.246 (5165.23), 5111.25 (5165.17), 5111.251	927
(5124.17), 5111.254 (5165.151), 5111.255 (5124.151), 5111.257	928
(5165.28), 5111.258 (5165.153), 5111.259 (5165.156), 5111.26	929
(5165.10), 5111.261 (5165.107), 5111.262 (5165.47), 5111.263	930
(5124.29), 5111.264 (5165.30), 5111.265 (5165.29), 5111.266	931
(5165.101), 5111.27 (5165.108), 5111.271 (5165.1010), 5111.28	932
(5165.40), 5111.29 (5165.38), 5111.291 (5124.154), 5111.30	933
(5165.073), 5111.31 (5165.08), 5111.32 (5165.081), 5111.33	934
(5124.34), 5111.331 (5165.34), 5111.35 (5165.60), 5111.36	935
(5165.61), 5111.37 (5165.62), 5111.38 (5165.63), 5111.39	936
(5165.64), 5111.40 (5165.65), 5111.41 (5165.66), 5111.411	937
(5165.67), 5111.42 (5165.68), 5111.43 (5165.69), 5111.44	938
(5165.70), 5111.45 (5165.71), 5111.46 (5165.72), 5111.47	939
(5165.73), 5111.48 (5165.74), 5111.49 (5165.75), 5111.50	940
(5165.76), 5111.51 (5165.77), 5111.511 (5165.78), 5111.52	941
(5165.79), 5111.53 (5165.80), 5111.54 (5165.81), 5111.55	942
(5165.82), 5111.56 (5165.83), 5111.57 (5165.84), 5111.58	943
(5165.85), 5111.59 (5165.86), 5111.60 (5165.87), 5111.61	944
(5165.88), 5111.62 (5162.66), 5111.63 (5165.89), 5111.66	945
(5165.50), 5111.661 (5165.501), 5111.67 (5165.51), 5111.671	946
(5165.511), 5111.672 (5165.512), 5111.673 (5165.513), 5111.674	947
(5165.514), 5111.675 (5165.515), 5111.676 (5165.516), 5111.677	948
(5165.517), 5111.68 (5165.52), 5111.681 (5165.521), 5111.682	949
(5165.522), 5111.683 (5165.523), 5111.684 (5165.524), 5111.685	950
(5165.525), 5111.686 (5165.526), 5111.687 (5165.527), 5111.688	951
(5165.528), 5111.689 (5165.53), 5111.70 (5163.09), 5111.701	952
(5163.091), 5111.702 (5163.092), 5111.703 (5163.093), 5111.704	953
(5163.094), 5111.705 (5163.095), 5111.706 (5163.096), 5111.707	954
(5163.097), 5111.708 (5163.098), 5111.709 (5163.099), 5111.7011	955
(5163.0910), 5111.71 (5162.36), 5111.711 (5162.361), 5111.712	956
(5162.362), 5111.713 (5162.363), 5111.714 (5162.64), 5111.715	957
(5162.364), 5111.83 (5162.30), 5111.84 (5166.03), 5111.85	958
(5166.02), 5111.851 (5166.04), 5111.852 (5166.05), 5111.853	959
(5166.06), 5111.854 (5166.07), 5111.855 (5166.08), 5111.856	960
(5166.10), 5111.86 (5166.11), 5111.861 (5166.12), 5111.862	961
(5166.121), 5111.863 (5166.13), 5111.864 (5166.14), 5111.865	962
(5166.141), 5111.87 (5166.20), 5111.871 (5166.21), 5111.872	963
(5166.22), 5111.873 (5166.23), 5111.874 (5124.60), 5111.875	964
(5124.61), 5111.876 (5124.62), 5111.877 (5124.63), 5111.878	965
(5124.64), 5111.879 (5124.65), 5111.88 (5166.30), 5111.881	966
(5166.301), 5111.882 (5166.302), 5111.883 (5166.303), 5111.884	967
(5166.304), 5111.885 (5166.305), 5111.886 (5166.306), 5111.887	968
(5166.307), 5111.888 (5166.308), 5111.889 (5166.309), 5111.8810	969
(5166.3010), 5111.89 (173.54), 5111.891 (173.541), 5111.892	970
(173.544), 5111.893 (173.547), 5111.894 (173.542), 5111.90	971
(5162.32), 5111.91 (5162.35), 5111.911 (5162.37), 5111.912	972
(5162.371), 5111.914 (5164.58), 5111.915 (5162.11), 5111.92	973
(5162.40), 5111.93 (5162.41), 5111.94 (5162.54), 5111.941	974
(5162.52), 5111.943 (5162.50), 5111.944 (5162.58), 5111.945	975
(5162.56), 5111.96 (5164.90), 5111.97 (5166.35), 5111.98	976
(5162.031), 5111.981 (5164.91), 5111.982 (5167.21), 5111.99	977
(5165.99), 5112.01 (5168.01), 5112.03 (5168.02), 5112.04	978
(5168.05), 5112.05 (5168.03), 5112.06 (5168.06), 5112.07	979
(5168.07), 5112.08 (5168.09), 5112.09 (5168.08), 5112.10	980
(5168.04), 5112.11 (5168.10), 5112.17 (5168.14), 5112.18	981
(5168.11), 5112.19 (5168.12), 5112.21 (5168.13), 5112.30	982
(5168.60), 5112.31 (5168.61), 5112.32 (5168.62), 5112.33	983
(5168.63), 5112.331 (5168.64), 5112.34 (5168.65), 5112.341	984
(5168.66), 5112.35 (5168.67), 5112.37 (5168.68), 5112.371	985
(5168.69), 5112.38 (5168.70), 5112.39 (5168.71), 5112.40	986
(5168.20), 5112.41 (5168.21), 5112.42 (5168.22), 5112.43	987
(5168.23), 5112.44 (5168.24), 5112.45 (5168.25), 5112.46	988
(5168.26), 5112.47 (5168.27), 5112.48 (5168.28), 5112.99	989
(5168.99), 5112.991 (5168.991), 5119.01 (5119.10), 5119.012	990
(5119.141), 5119.02 (5119.14), 5119.06 (5119.21), 5119.061	991
(5119.40), 5119.07 (5119.11), 5119.071 (5119.18), 5119.072	992
(5119.181), 5119.08 (5119.182), 5119.10 (5119.184), 5119.101	993
(5119.185), 5119.11 (5119.186), 5119.12 (5119.187), 5119.14	994
(5119.08), 5119.16 (5119.44), 5119.161 (5119.45), 5119.17	995
(5119.51), 5119.18 (5119.46), 5119.20 (5119.33), 5119.201	996
(5119.331), 5119.202 (5119.332), 5119.21 (5119.333), 5119.22	997
(5119.34), 5119.221 (5119.342), 5119.23 (5119.31), 5119.24	998
(5119.15), 5119.27 (5119.05), 5119.30 (5119.09), 5119.33	999
(5119.54), 5119.34 (5119.50), 5119.35 (5119.56), 5119.351	1000
(5119.55), 5119.36 (5119.52), 5119.42 (5119.07), 5119.43	1001
(5119.06), 5119.44 (5119.051), 5119.46 (5119.60), 5119.50	1002
(5119.70), 5119.51 (5119.71), 5119.52 (5119.72), 5119.53	1003
(5119.73), 5119.57 (5119.29), 5119.60 (5119.32), 5119.61	1004
(5119.22), 5119.611 (5119.36), 5119.612 (5119.37), 5119.613	1005
(5119.361), 5119.62 (5119.23), 5119.621 (5119.24), 5119.622	1006
(5119.25), 5119.63 (5119.42), 5119.631 (5119.421), 5119.69	1007
(5119.41), 5119.691 (5119.411), 5507.01 (128.01), 5507.02	1008
(128.02), 5507.021 (128.021), 5507.022 (128.022), 5507.03	1009
(128.03), 5507.06 (128.06), 5507.07 (128.07), 5507.08 (128.08),	1010
5507.09 (128.09), 5507.12 (128.12), 5507.15 (128.15), 5507.18	1011
(128.18), 5507.22 (128.22), 5507.25 (128.25), 5507.26 (128.26),	1012
5507.27 (128.27), 5507.32 (128.32), 5507.34 (128.34), 5507.40	1013
(128.40), 5507.42 (128.42), 5507.44 (128.44), 5507.46 (128.46),	1014
5507.52 (128.52), 5507.53 (128.53), 5507.54 (128.54), 5507.55	1015
(128.55), 5507.57 (128.57), 5507.571 (128.571), 5507.60 (128.60),	1016
5507.63 (128.63), and 5507.99 (128.99) be amended for the purpose	1017
of adopting new section numbers as indicated in parentheses; new	1018
sections 1901.121, 3313.481, 3317.014, 3317.02, 3317.022,	1019
3317.0217, 3317.051, 3317.16, 3326.39, 3327.02, 3345.81, and	1020
3737.883 and sections 1.611, 101.392, 103.0521, 121.483, 122.681,	1021
123.19, 125.27, 126.211, 149.307, 173.51, 173.522, 173.523,	1022
173.525, 173.543, 173.545, 173.546, 173.56, 173.60, 191.061,	1023
340.08, 353.01, 353.02, 353.03, 353.04, 353.05, 353.06, 353.07,	1024
353.08, 353.09, 353.10, 353.11, 353.12, 353.13, 353.14, 353.15,	1025
353.16, 511.261, 517.271, 721.29, 903.30, 991.041, 1327.502,	1026
1509.16, 1545.23, 1547.532, 1901.122, 1901.123, 1907.141,	1027
1907.142, 1907.143, 2329.192, 2743.041, 3302.26, 3310.032,	1028
3310.035, 3313.6018, 3313.6019, 3313.848, 3313.849, 3314.042,	1029
3314.082, 3314.086, 3314.092, 3314.29, 3317.016, 3317.017,	1030
3317.0213, 3317.0214, 3317.161, 3317.40, 3319.031, 3319.0812,	1031
3325.13, 3325.14, 3326.112, 3327.07, 3328.27, 3333.049, 3333.124,	1032
3333.342, 3333.613, 3337.16, 3345.48, 3350.15, 3365.022, 3501.054,	1033
3701.033, 3701.94, 3701.941, 3701.942, 3701.943, 3701.944,	1034
3701.95, 3701.96, 3701.98, 3702.302, 3702.303, 3702.304, 3702.305,	1035
3702.306, 3702.307, 3702.308, 3714.074, 3721.072, 3772.36,	1036
4123.322, 4503.524, 4503.526, 4503.732, 4503.95, 4503.96,	1037
4713.641, 4729.542, 4731.299, 4751.042, 4751.14, 5101.101,	1038
5101.804, 5119.28, 5119.341, 5123.023, 5124.01, 5124.03, 5124.05,	1039
5124.06, 5124.07, 5124.071, 5124.072, 5124.08, 5124.081, 5124.10,	1040
5124.101, 5124.102, 5124.103, 5124.104, 5124.105, 5124.106,	1041
5124.107, 5124.108, 5124.109, 5124.152, 5124.153, 5124.191,	1042
5124.192, 5124.193, 5124.25, 5124.28, 5124.30, 5124.31, 5124.32,	1043
5124.33, 5124.35, 5124.37, 5124.38, 5124.40, 5124.41, 5124.42,	1044
5124.43, 5124.44, 5124.45, 5124.46, 5124.50, 5124.51, 5124.511,	1045
5124.512, 5124.513, 5124.514, 5124.515, 5124.516, 5124.517,	1046
5124.52, 5124.521, 5124.522, 5124.523, 5124.524, 5124.525,	1047
5124.526, 5124.527, 5124.528, 5124.53, 5124.67, 5124.99, 5126.131,	1048
5139.282, 5160.01, 5160.011, 5160.02, 5160.021, 5160.03, 5160.04,	1049
5160.05, 5160.051, 5160.052, 5160.06, 5160.10, 5160.11, 5160.12,	1050
5160.13, 5160.16, 5160.20, 5160.21, 5160.22, 5160.23, 5160.30,	1051
5160.31, 5160.371, 5160.46, 5160.47, 5160.48, 5160.481, 5160.50,	1052
5160.52, 5160.99, 5161.01, 5162.01, 5162.02, 5162.021, 5162.022,	1053
5162.05, 5162.06, 5162.07, 5162.12, 5162.31, 5162.60, 5162.62,	1054
5163.01, 5163.03, 5163.04, 5163.05, 5163.06, 5163.061, 5163.08,	1055
5164.01, 5164.03, 5164.30, 5164.33, 5164.55, 5164.59, 5164.60,	1056
5164.61, 5164.71, 5164.72, 5164.73, 5164.78, 5164.83, 5164.911,	1057
5165.02, 5165.072, 5165.082, 5165.102, 5165.103, 5165.104,	1058
5165.105, 5165.106, 5165.109, 5165.152, 5165.154, 5165.191,	1059
5165.193, 5165.32, 5165.33, 5165.41, 5165.42, 5165.43, 5165.44,	1060
5165.45, 5165.46, 5165.49, 5165.771, 5166.01, 5166.16, 5167.01,	1061
5167.02, 5168.41, 5703.75, 5703.76, 5705.55, 5735.013, 5741.032,	1062
5751.40, 5910.08, 5919.342, and 6133.041 of the Revised Code be	1063
enacted to read as follows:	1064

Sec. 1.611. As used in the Revised Code, "OSU extension"	1065
means the cooperative extension service that was established by	1066
the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq.,	1067
and is administered in this state by the Ohio state university.	1068

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

1069

(1) "Political subdivision" means any body corporate and	1070
politic, except a municipal corporation that has adopted a charter	1071
under Section 7 of Article XVIII, Ohio Constitution, and except a	1072
county that has adopted a charter under Sections 3 and 4 of	1073
Article X, Ohio Constitution, to which both of the following	1074
apply:	1075

(a) It is responsible for governmental activities only in a	1076
geographic area smaller than the state.	1077

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

1078

(2) "Cigarettes" and "tobacco product" have the same meanings	1079
as in section 5743.01 of the Revised Code.	1080

(3) "Transaction" has the same meaning as in section 1315.51	1081
of the Revised Code.	1082

(4) "Campaign committee," "campaign fund," "candidate,"	1083
"legislative campaign fund," "political action committee,"	1084
"political committee," "political party," and "separate segregated	1085
fund" have the same meanings as in section 3517.01 of the Revised	1086
Code.	1087

(B) Except as otherwise provided in division (C) of this	1088
section, the governing body of a political subdivision may use	1089
public funds to publish and distribute newsletters, or to use any	1090
other means, to communicate information about the plans, policies,	1091
and operations of the political subdivision to members of the	1092
public within the political subdivision and to other persons who	1093
may be affected by the political subdivision.	1094

(C) Except as otherwise provided in division (A)(7) of	1095
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1096
Revised Code, no governing body of a political subdivision shall	1097
use public funds to do any of the following:	1098

(1) Publish, distribute, or otherwise communicate information	1099
that does any of the following:	1100

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

1101

(b) Promotes alcoholic beverages, cigarettes or other tobacco	1102
products, or any illegal product, service, or activity;	1103

(c) Promotes illegal discrimination on the basis of race,	1104
color, religion, national origin, handicap, age, or ancestry;	1105

(d) Supports or opposes any labor organization or any action	1106
by, on behalf of, or against any labor organization;	1107

(e) Supports or opposes the nomination or election of a	1108
candidate for public office, the investigation, prosecution, or	1109
recall of a public official, or the passage of a levy or bond	1110
issue.	1111

(2) Compensate any employee of the political subdivision for	1112
time spent on any activity to influence the outcome of an election	1113
for any of the purposes described in division (C)(1)(e) of this	1114
section. Division (C)(2) of this section does not prohibit the use	1115
of public funds to compensate an employee of a political	1116
subdivision for attending a public meeting to present information	1117
about the political subdivision's finances, activities, and	1118
governmental actions in a manner that is not designed to influence	1119
the outcome of an election or the passage of a levy or bond issue,	1120
even though the election, levy, or bond issue is discussed or	1121
debated at the meeting.	1122

(D) Except as otherwise provided in division (A)(7) of	1123
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1124
Revised Code or in division (E) of this section, no person shall	1125
knowingly conduct a direct or indirect transaction of public funds	1126
to the benefit of any of the following:	1127

(1) A campaign committee;

1128

(2) A political action committee;

1129

(3) A legislative campaign fund;

1130

(4) A political party;

1131

(5) A campaign fund;

1132

(6) A political committee;

1133

(7) A separate segregated fund;

1134

(8) A candidate.

1135

(E) Division (D) of this section does not prohibit the	1136
utilization of any person's own time to speak in support of or in	1137
opposition to any candidate, recall, referendum, levy, or bond	1138
issue unless prohibited by any other section of the Revised Code.	1139

(F) Nothing in this section prohibits or restricts any	1140
political subdivision from sponsoring, participating in, or doing	1141
any of the following:	1142

(1) Charitable or public service advertising that is not	1143
commercial in nature;	1144

(2) Advertising of exhibitions, performances, programs,	1145
products, or services that are provided by employees of a	1146
political subdivision or are provided at or through premises owned	1147
or operated by a political subdivision;	1148

(3) Licensing an interest in a name or mark that is owned or	1149
controlled by the political subdivision.	1150

(G) Whoever violates division (D) of this section shall be	1151
punished as provided in section 3599.40 of the Revised Code.	1152

Sec. 9.15. When the body of a dead person is found in a	1153
township or municipal corporation, and such person was not an	1154
inmate of a correctional, benevolent, or charitable institution of	1155
this state, and the body is not claimed by any person for private	1156
interment or cremation at the person's own expense, or delivered	1157
for the purpose of medical or surgical study or dissection in	1158
accordance with section 1713.34 of the Revised Code, it shall be	1159
disposed of as follows:	1160

(A) If the person was a legal resident of the county, the	1161
proper officers of the township or municipal corporation in which	1162
the person's body was found shall cause it to be buried or	1163
cremated at the expense of the township or municipal corporation	1164
in which the person had a legal residence at the time of death.	1165

(B) If the person had a legal residence in any other county	1166
of the state at the time of death, the superintendent of the	1167
county home of the county in which such body was found shall cause	1168
it to be buried or cremated at the expense of the township or	1169
municipal corporation in which the person had a legal residence at	1170
the time of death.	1171

(C) If the person was an inmate of a correctional institution	1172
of the county or a patient or resident of a benevolent institution	1173
of the county, the person had no legal residence in the state, or	1174
the person's legal residence is unknown, the superintendent shall	1175
cause the person to be buried or cremated at the expense of the	1176
county.	1177

Such officials shall provide, at the grave of the person or,	1178
if the person's cremated remains are buried, at the grave of the	1179
person's cremated remains, a metal, stone, or concrete marker on	1180
which the person's name and age, if known, and date of death shall	1181
be inscribed.	1182

A political subdivision is not relieved of its duty to bury	1183
or cremate a person at its expense under this section when the	1184
body is claimed by an indigent person. As used in this section,	1185
"indigent person" means a person whose income does not exceed one	1186
hundred fifty per cent of the federal poverty line, as revised	1187
annually by the United States department of health and human	1188
services in accordance with section 673(2) of the "Omnibus Budget	1189
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	1190
amended, for a family size equal to the size of the person's	1191
family.	1192

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1193
this section, a governmental entity shall not disburse money	1194
totaling twenty-five thousand dollars or more to any person for	1195
the provision of services for the primary benefit of individuals	1196
or the public and not for the primary benefit of a governmental	1197
entity or the employees of a governmental entity, unless the	1198
contracting authority of the governmental entity first enters into	1199
a written contract with the person that is signed by the person or	1200
by an officer or agent of the person authorized to legally bind	1201
the person and that embodies all of the requirements and	1202
conditions set forth in sections 9.23 to 9.236 of the Revised	1203
Code. If the disbursement of money occurs over the course of a	1204
governmental entity's fiscal year, rather than in a lump sum, the	1205
contracting authority of the governmental entity shall enter into	1206
the written contract with the person at the point during the	1207
governmental entity's fiscal year that at least seventy-five	1208
thousand dollars has been disbursed by the governmental entity to	1209
the person. Thereafter, the contracting authority of the	1210
governmental entity shall enter into the written contract with the	1211
person at the beginning of the governmental entity's fiscal year,	1212
if, during the immediately preceding fiscal year, the governmental	1213
entity disbursed to that person an aggregate amount totaling at	1214
least seventy-five thousand dollars.	1215

(2) If the money referred to in division (A)(1) of this	1216
section is disbursed by or through more than one state agency to	1217
the person for the provision of services to the same population,	1218
the contracting authorities of those agencies shall determine	1219
which one of them will enter into the written contract with the	1220
person.	1221

(3) The requirements and conditions set forth in divisions	1222
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1223
and (B) of section 9.234, divisions (A)(2) and (B) of section	1224
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1225
apply with respect to the following:	1226

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

1227

(i) The amount received for the services is a set fee for	1228
each time the services are provided, is determined in accordance	1229
with a fixed rate per unit of time or per service, or is a	1230
capitated rate, and the fee or rate is established by competitive	1231
bidding or by a market rate survey of similar services provided in	1232
a defined market area. The market rate survey may be one conducted	1233
by or on behalf of the governmental entity or an independent	1234
survey accepted by the governmental entity as statistically valid	1235
and reliable.	1236

(ii) The services are provided in accordance with standards	1237
established by state or federal law, or by rules or regulations	1238
adopted thereunder, for their delivery, which standards are	1239
enforced by the federal government, a governmental entity, or an	1240
accrediting organization recognized by the federal government or a	1241
governmental entity.	1242

(iii) Payment for the services is made after the services are	1243
delivered and upon submission to the governmental entity of an	1244
invoice or other claim for payment as required by any applicable	1245
local, state, or federal law or, if no such law applies, by the	1246
terms of the contract.	1247

(b) Contracts under which the services are reimbursed through	1248
or in a manner consistent with a federal program that meets all of	1249
the following requirements:	1250

(i) The program calculates the reimbursement rate on the	1251
basis of the previous year's experience or in accordance with an	1252
alternative method set forth in rules adopted by the Ohio	1253
department of job and family services.	1254

(ii) The reimbursement rate is derived from a breakdown of	1255
direct and indirect costs.	1256

(iii) The program's guidelines describe types of expenditures	1257
that are allowable and not allowable under the program and	1258
delineate which costs are acceptable as direct costs for purposes	1259
of calculating the reimbursement rate.	1260

(iv) The program includes a uniform cost reporting system	1261
with specific audit requirements.	1262

(c) Contracts under which the services are reimbursed through	1263
or in a manner consistent with a federal program that calculates	1264
the reimbursement rate on a fee for service basis in compliance	1265
with United States office of management and budget Circular A-87,	1266
as revised May 10, 2004.	1267

(d) Contracts for services that are paid pursuant to the	1268
earmarking of an appropriation made by the general assembly for	1269
that purpose.	1270

(B) Division (A) of this section does not apply if the money	1271
is disbursed to a person pursuant to a contract with the United	1272
States or a governmental entity under any of the following	1273
circumstances:	1274

(1) The person receives the money directly or indirectly from	1275
the United States, and no governmental entity exercises any	1276
oversight or control over the use of the money.	1277

(2) The person receives the money solely in return for the	1278
performance of one or more of the following types of services:	1279

(a) Medical, therapeutic, or other health-related services	1280
provided by a person if the amount received is a set fee for each	1281
time the person provides the services, is determined in accordance	1282
with a fixed rate per unit of time, or is a capitated rate, and	1283
the fee or rate is reasonable and customary in the person's trade	1284
or profession;	1285

(b) Medicaid-funded services, including administrative and	1286
management services, provided pursuant to a contract or medicaid	1287
provider agreement that meets the requirements of the medicaid	1288
program ~~established under Chapter 5111. of the Revised Code~~.	1289

(c) Services, other than administrative or management	1290
services or any of the services described in division (B)(2)(a) or	1291
(b) of this section, that are commonly purchased by the public at	1292
an hourly rate or at a set fee for each time the services are	1293
provided, unless the services are performed for the benefit of	1294
children, persons who are eligible for the services by reason of	1295
advanced age, medical condition, or financial need, or persons who	1296
are confined in a detention facility as defined in section 2921.01	1297
of the Revised Code, and the services are intended to help promote	1298
the health, safety, or welfare of those children or persons;	1299

(d) Educational services provided by a school to children	1300
eligible to attend that school. For purposes of division (B)(2)(d)	1301
of this section, "school" means any school operated by a school	1302
district board of education, any community school established	1303
under Chapter 3314. of the Revised Code, or any nonpublic school	1304
for which the state board of education prescribes minimum	1305
education standards under section 3301.07 of the Revised Code.	1306

(e) Services provided by a foster home as defined in section	1307
5103.02 of the Revised Code;	1308

(f) "Routine business services other than administrative or	1309
management services," as that term is defined by the attorney	1310
general by rule adopted in accordance with Chapter 119. of the	1311
Revised Code;	1312

(g) Services to protect the environment or promote	1313
environmental education that are provided by a nonprofit entity or	1314
services to protect the environment that are funded with federal	1315
grants or revolving loan funds and administered in accordance with	1316
federal law.	1317

(3) The person receives the money solely in return for the	1318
performance of services intended to help preserve public health or	1319
safety under circumstances requiring immediate action as a result	1320
of a natural or man-made emergency.	1321

(C) With respect to an unincorporated nonprofit association,	1322
corporation, or organization established for the purpose of	1323
providing educational, technical, consulting, training, financial,	1324
or other services to its members in exchange for membership dues	1325
and other fees, any of the services provided to a member that is a	1326
governmental entity shall, for purposes of this section, be	1327
considered services "for the primary benefit of a governmental	1328
entity or the employees of a governmental entity."	1329

Sec. 9.239. (A) There is hereby created the government	1330
contracting advisory council. The attorney general and auditor of	1331
state shall consult with the council on the performance of their	1332
rule-making functions under sections 9.237 and 9.238 of the	1333
Revised Code and shall consider any recommendations of the	1334
council. The medicaid director ~~of job and family services~~ shall	1335
annually report to the council the cost methodology of the	1336
medicaid-funded services described in division (A)(3)(d) of	1337
section 9.231 of the Revised Code. The council shall consist of	1338
the following members or their designees:	1339

(1) The attorney general;

1340

(2) The auditor of state;

1341

(3) The director of administrative services;

1342

(4) The director of aging;

1343

(5) ~~The director of alcohol and drug addiction services~~The	1344
medicaid director;	1345

(6) The director of budget and management;

1346

(7) The director of development services;

1347

(8) The director of job and family services;

1348

(9) The director of ~~mental health~~mental health and addiction	1349
services;	1350

(10) The director of developmental disabilities;

1351

(11) The director of rehabilitation and correction;

1352

(12) The administrator of workers' compensation;

1353

(13) The executive director of the county commissioners'	1354
association of Ohio;	1355

(14) The president of the Ohio grantmakers forum;

1356

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

1357

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

1358

(17) The president of the Ohio society of certified public	1359
accountants;	1360

(18) The executive director of the Ohio association of	1361
nonprofit organizations;	1362

(19) The president of the Ohio united way;

1363

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

1364

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

1365

(B) If an agency or organization represented on the council	1366
ceases to exist in the form it has on September 29, 2005, the	1367
successor agency or organization shall be represented in its	1368
place. If there is no successor agency or organization, or if it	1369
is not clear what agency or organization is the successor, the	1370
attorney general shall designate an agency or organization to be	1371
represented in place of the agency or organization originally	1372
represented on the council.	1373

(C) The two members appointed to the council shall serve	1374
three-year terms. Original appointments shall be made not later	1375
than sixty days after September 29, 2005. Vacancies on the council	1376
shall be filled in the same manner as the original appointment.	1377

(D) The attorney general or the attorney general's designee	1378
shall be the chairperson of the council. The council shall meet at	1379
least once every two years to review the rules adopted under	1380
sections 9.237 and 9.238 of the Revised Code and to make	1381
recommendations to the attorney general and auditor of state	1382
regarding the adoption, amendment, or repeal of those rules. The	1383
council shall also meet at other times as requested by the	1384
attorney general or auditor of state.	1385

(E) Members of the council shall serve without compensation	1386
or reimbursement.	1387

(F) The office of the attorney general shall provide	1388
necessary staff, facilities, supplies, and services to the	1389
council.	1390

(G) Sections 101.82 to 101.87 of the Revised Code do not	1391
apply to the council.	1392

Sec. 9.24. (A) Except as may be allowed under division (F) of	1393
this section, no state agency and no political subdivision shall	1394
award a contract as described in division (G)(1) of this section	1395
for goods, services, or construction, paid for in whole or in part	1396
with state funds, to a person against whom a finding for recovery	1397
has been issued by the auditor of state on and after January 1,	1398
2001, if the finding for recovery is unresolved.	1399

A contract is considered to be awarded when it is entered	1400
into or executed, irrespective of whether the parties to the	1401
contract have exchanged any money.	1402

(B) For purposes of this section, a finding for recovery is	1403
unresolved unless one of the following criteria applies:	1404

(1) The money identified in the finding for recovery is paid	1405
in full to the state agency or political subdivision to whom the	1406
money was owed;	1407

(2) The debtor has entered into a repayment plan that is	1408
approved by the attorney general and the state agency or political	1409
subdivision to whom the money identified in the finding for	1410
recovery is owed. A repayment plan may include a provision	1411
permitting a state agency or political subdivision to withhold	1412
payment to a debtor for goods, services, or construction provided	1413
to or for the state agency or political subdivision pursuant to a	1414
contract that is entered into with the debtor after the date the	1415
finding for recovery was issued.	1416

(3) The attorney general waives a repayment plan described in	1417
division (B)(2) of this section for good cause;	1418

(4) The debtor and state agency or political subdivision to	1419
whom the money identified in the finding for recovery is owed have	1420
agreed to a payment plan established through an enforceable	1421
settlement agreement.	1422

(5) The state agency or political subdivision desiring to	1423
enter into a contract with a debtor certifies, and the attorney	1424
general concurs, that all of the following are true:	1425

(a) Essential services the state agency or political	1426
subdivision is seeking to obtain from the debtor cannot be	1427
provided by any other person besides the debtor;	1428

(b) Awarding a contract to the debtor for the essential	1429
services described in division (B)(5)(a) of this section is in the	1430
best interest of the state;	1431

(c) Good faith efforts have been made to collect the money	1432
identified in the finding of recovery.	1433

(6) The debtor has commenced an action to contest the finding	1434
for recovery and a final determination on the action has not yet	1435
been reached.	1436

(C) The attorney general shall submit an initial report to	1437
the auditor of state, not later than December 1, 2003, indicating	1438
the status of collection for all findings for recovery issued by	1439
the auditor of state for calendar years 2001, 2002, and 2003.	1440
Beginning on January 1, 2004, the attorney general shall submit to	1441
the auditor of state, on the first day of every January, April,	1442
July, and October, a list of all findings for recovery that have	1443
been resolved in accordance with division (B) of this section	1444
during the calendar quarter preceding the submission of the list	1445
and a description of the means of resolution. The attorney general	1446
shall notify the auditor of state when a judgment is issued	1447
against an entity described in division (F)(1) of this section.	1448

(D) The auditor of state shall maintain a database,	1449
accessible to the public, listing persons against whom an	1450
unresolved finding for recovery has been issued, and the amount of	1451
the money identified in the unresolved finding for recovery. The	1452
auditor of state shall have this database operational on or before	1453
January 1, 2004. The initial database shall contain the	1454
information required under this division for calendar years 2001,	1455
2002, and 2003.	1456

Beginning January 15, 2004, the auditor of state shall update	1457
the database by the fifteenth day of every January, April, July,	1458
and October to reflect resolved findings for recovery that are	1459
reported to the auditor of state by the attorney general on the	1460
first day of the same month pursuant to division (C) of this	1461
section.	1462

(E) Before awarding a contract as described in division	1463
(G)(1) of this section for goods, services, or construction, paid	1464
for in whole or in part with state funds, a state agency or	1465
political subdivision shall verify that the person to whom the	1466
state agency or political subdivision plans to award the contract	1467
has no unresolved finding for recovery issued against the person.	1468
A state agency or political subdivision shall verify that the	1469
person does not appear in the database described in division (D)	1470
of this section or shall obtain other proof that the person has no	1471
unresolved finding for recovery issued against the person.	1472

(F) The prohibition of division (A) of this section and the	1473
requirement of division (E) of this section do not apply with	1474
respect to the companies, payments, or agreements described in	1475
divisions (F)(1) and (2) of this section, or in the circumstance	1476
described in division (F)(3) of this section.	1477

(1) A bonding company or a company authorized to transact the	1478
business of insurance in this state, a self-insurance pool, joint	1479
self-insurance pool, risk management program, or joint risk	1480
management program, unless a court has entered a final judgment	1481
against the company and the company has not yet satisfied the	1482
final judgment.	1483

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1484
the ~~Revised Code~~medicaid program.	1485

(3) When federal law dictates that a specified entity provide	1486
the goods, services, or construction for which a contract is being	1487
awarded, regardless of whether that entity would otherwise be	1488
prohibited from entering into the contract pursuant to this	1489
section.	1490

(G)(1) This section applies only to contracts for goods,	1491
services, or construction that satisfy the criteria in either	1492
division (G)(1)(a) or (b) of this section. This section may apply	1493
to contracts for goods, services, or construction that satisfy the	1494
criteria in division (G)(1)(c) of this section, provided that the	1495
contracts also satisfy the criteria in either division (G)(1)(a)	1496
or (b) of this section.	1497

(a) The cost for the goods, services, or construction	1498
provided under the contract is estimated to exceed twenty-five	1499
thousand dollars.	1500

(b) The aggregate cost for the goods, services, or	1501
construction provided under multiple contracts entered into by the	1502
particular state agency and a single person or the particular	1503
political subdivision and a single person within the fiscal year	1504
preceding the fiscal year within which a contract is being entered	1505
into by that same state agency and the same single person or the	1506
same political subdivision and the same single person, exceeded	1507
fifty thousand dollars.	1508

(c) The contract is a renewal of a contract previously	1509
entered into and renewed pursuant to that preceding contract.	1510

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

1511

(H) As used in this section:

1512

(1) "State agency" has the same meaning as in section 9.66 of	1513
the Revised Code.	1514

(2) "Political subdivision" means a political subdivision as	1515
defined in section 9.82 of the Revised Code that has received more	1516
than fifty thousand dollars of state money in the current fiscal	1517
year or the preceding fiscal year.	1518

(3) "Finding for recovery" means a determination issued by	1519
the auditor of state, contained in a report the auditor of state	1520
gives to the attorney general pursuant to section 117.28 of the	1521
Revised Code, that public money has been illegally expended,	1522
public money has been collected but not been accounted for, public	1523
money is due but has not been collected, or public property has	1524
been converted or misappropriated.	1525

(4) "Debtor" means a person against whom a finding for	1526
recovery has been issued.	1527

(5) "Person" means the person named in the finding for	1528
recovery.	1529

(6) "State money" does not include funds the state receives	1530
from another source and passes through to a political subdivision.	1531

Sec. 9.833. (A) As used in this section, "political	1532
subdivision" has the meaning defined in sections 2744.01 and	1533
3905.36 of the Revised Code. For purposes of this section,	1534
"political subdivision" includes municipal corporations as defined	1535
in section 5705.01 of the Revised Code.	1536

(B) Political subdivisions that provide health care benefits	1537
for their officers or employees may do any of the following:	1538

(1) Establish and maintain an individual self-insurance	1539
program with public moneys to provide authorized health care	1540
benefits, including but not limited to, health care, prescription	1541
drugs, dental care, and vision care, in accordance with division	1542
(C) of this section;	1543

(2) Establish and maintain a health savings account program	1544
whereby employees or officers may establish and maintain health	1545
savings accounts in accordance with section 223 of the Internal	1546
Revenue Code. Public moneys may be used to pay for or fund	1547
federally qualified high deductible health plans that are linked	1548
to health savings accounts or to make contributions to health	1549
savings accounts. A health savings account program may be a part	1550
of a self-insurance program.	1551

(3) After establishing an individual self-insurance program,	1552
agree with other political subdivisions that have established	1553
individual self-insurance programs for health care benefits, that	1554
their programs will be jointly administered in a manner specified	1555
in the agreement;	1556

(4) Pursuant to a written agreement and in accordance with	1557
division (C) of this section, join in any combination with other	1558
political subdivisions to establish and maintain a joint	1559
self-insurance program to provide health care benefits;	1560

(5) Pursuant to a written agreement, join in any combination	1561
with other political subdivisions to procure or contract for	1562
policies, contracts, or plans of insurance to provide health care	1563
benefits, which may include a health savings account program for	1564
their officers and employees subject to the agreement;	1565

(6) Use in any combination any of the policies, contracts,	1566
plans, or programs authorized under this division.	1567

(7) Any agreement made under division (B)(3), (4), (5), or	1568
(6) of this section shall be in writing, comply with division (C)	1569
of this section, and contain best practices established in	1570
consultation with and approved by the department of administrative	1571
services. The best practices may be reviewed and amended at the	1572
discretion of the political subdivisions in consultation with the	1573
department. Detailed information regarding the best practices	1574
shall be made available to any employee upon that employee's	1575
request.	1576

(8) Purchase plans ~~approved~~containing best practices	1577
established by the department of administrative services under	1578
section 9.901 of the Revised Code.	1579

(C) Except as otherwise provided in division (E) of this	1580
section, the following apply to individual or joint self-insurance	1581
programs established pursuant to this section:	1582

(1) Such funds shall be reserved as are necessary, in the	1583
exercise of sound and prudent actuarial judgment, to cover	1584
potential cost of health care benefits for the officers and	1585
employees of the political subdivision. A certified audited	1586
financial statement and a report of aggregate amounts so reserved	1587
and aggregate disbursements made from such funds, together with a	1588
written report of a member of the American academy of actuaries	1589
certifying whether the amounts reserved conform to the	1590
requirements of this division, are computed in accordance with	1591
accepted loss reserving standards, and are fairly stated in	1592
accordance with sound loss reserving principles, shall be prepared	1593
and maintained, within ninety days after the last day of the	1594
fiscal year of the entity for which the report is provided for	1595
that fiscal year, in the office of the program administrator	1596
described in division (C)(3) of this section.	1597

The report required by division (C)(1) of this section shall	1598
include, but not be limited to, the aggregate of disbursements	1599
made for the administration of the program, including claims paid,	1600
costs of the legal representation of political subdivisions and	1601
employees, and fees paid to consultants.	1602

The program administrator described in division (C)(3) of	1603
this section shall make the report required by this division	1604
available for inspection by any person at all reasonable times	1605
during regular business hours, and, upon the request of such	1606
person, shall make copies of the report available at cost within a	1607
reasonable period of time. The program administrator shall further	1608
provide the report to the auditor of state under Chapter 117. of	1609
the Revised Code. The report required by this division is in lieu	1610
of the records required by division (A) of section 149.431 of the	1611
Revised Code.	1612

(2) Each political subdivision shall reserve funds necessary	1613
for an individual or joint self-insurance program in a special	1614
fund that may be established for political subdivisions other than	1615
an agency or instrumentality pursuant to an ordinance or	1616
resolution of the political subdivision and not subject to section	1617
5705.12 of the Revised Code. An agency or instrumentality shall	1618
reserve the funds necessary for an individual or joint	1619
self-insurance program in a special fund established pursuant to a	1620
resolution duly adopted by the agency's or instrumentality's	1621
governing board. The political subdivision may allocate the costs	1622
of insurance or any self-insurance program, or both, among the	1623
funds or accounts established under this division on the basis of	1624
relative exposure and loss experience.	1625

(3) A contract may be awarded, without the necessity of	1626
competitive bidding, to any person, political subdivision,	1627
nonprofit corporation organized under Chapter 1702. of the Revised	1628
Code, or regional council of governments created under Chapter	1629
167. of the Revised Code for purposes of administration of an	1630
individual or joint self-insurance program. No such contract shall	1631
be entered into without full, prior, public disclosure of all	1632
terms and conditions. The disclosure shall include, at a minimum,	1633
a statement listing all representations made in connection with	1634
any possible savings and losses resulting from the contract, and	1635
potential liability of any political subdivision or employee. The	1636
proposed contract and statement shall be disclosed and presented	1637
at a meeting of the political subdivision not less than one week	1638
prior to the meeting at which the political subdivision authorizes	1639
the contract.	1640

A contract awarded to a nonprofit corporation or a regional	1641
council of governments under this division may provide that all	1642
employees of the nonprofit corporation or regional council of	1643
governments, the employees of all entities related to the	1644
nonprofit corporation or regional council of governments, and the	1645
employees of other nonprofit corporations that have fifty or fewer	1646
employees and have been organized for the primary purpose of	1647
representing the interests of political subdivisions, may be	1648
covered by the individual or joint self-insurance program under	1649
the terms and conditions set forth in the contract.	1650

(4) The individual or joint self-insurance program shall	1651
include a contract with a certified public accountant and a member	1652
of the American academy of actuaries for the preparation of the	1653
written evaluations required under division (C)(1) of this	1654
section.	1655

(5) A joint self-insurance program may allocate the costs of	1656
funding the program among the funds or accounts established under	1657
this division to the participating political subdivisions on the	1658
basis of their relative exposure and loss experience.	1659

(6) An individual self-insurance program may allocate the	1660
costs of funding the program among the funds or accounts	1661
established under this division to the political subdivision that	1662
established the program.	1663

(7) Two or more political subdivisions may also authorize the	1664
establishment and maintenance of a joint health care cost	1665
containment program, including, but not limited to, the employment	1666
of risk managers, health care cost containment specialists, and	1667
consultants, for the purpose of preventing and reducing health	1668
care costs covered by insurance, individual self-insurance, or	1669
joint self-insurance programs.	1670

(8) A political subdivision is not liable under a joint	1671
self-insurance program for any amount in excess of amounts payable	1672
pursuant to the written agreement for the participation of the	1673
political subdivision in the joint self-insurance program. Under a	1674
joint self-insurance program agreement, a political subdivision	1675
may, to the extent permitted under the written agreement, assume	1676
the risks of any other political subdivision. A joint	1677
self-insurance program established under this section is deemed a	1678
separate legal entity for the public purpose of enabling the	1679
members of the joint self-insurance program to obtain insurance or	1680
to provide for a formalized, jointly administered self-insurance	1681
fund for its members. An entity created pursuant to this section	1682
is exempt from all state and local taxes.	1683

(9) Any political subdivision, other than an agency or	1684
instrumentality, may issue general obligation bonds, or special	1685
obligation bonds that are not payable from real or personal	1686
property taxes, and may also issue notes in anticipation of such	1687
bonds, pursuant to an ordinance or resolution of its legislative	1688
authority or other governing body for the purpose of providing	1689
funds to pay expenses associated with the settlement of claims,	1690
whether by way of a reserve or otherwise, and to pay the political	1691
subdivision's portion of the cost of establishing and maintaining	1692
an individual or joint self-insurance program or to provide for	1693
the reserve in the special fund authorized by division (C)(2) of	1694
this section.	1695

In its ordinance or resolution authorizing bonds or notes	1696
under this section, a political subdivision may elect to issue	1697
such bonds or notes under the procedures set forth in Chapter 133.	1698
of the Revised Code. In the event of such an election,	1699
notwithstanding Chapter 133. of the Revised Code, the maturity of	1700
the bonds may be for any period authorized in the ordinance or	1701
resolution not exceeding twenty years, which period shall be the	1702
maximum maturity of the bonds for purposes of section 133.22 of	1703
the Revised Code.	1704

Bonds and notes issued under this section shall not be	1705
considered in calculating the net indebtedness of the political	1706
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1707
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1708
hereby made applicable to bonds or notes authorized under this	1709
section.	1710

(10) A joint self-insurance program is not an insurance	1711
company. Its operation does not constitute doing an insurance	1712
business and is not subject to the insurance laws of this state.	1713

(D) A political subdivision may procure group life insurance	1714
for its employees in conjunction with an individual or joint	1715
self-insurance program authorized by this section, provided that	1716
the policy of group life insurance is not self-insured.	1717

(E) This section does not apply to individual self-insurance	1718
programs created solely by municipal corporations as defined in	1719
section 5705.01 of the Revised Code.	1720

(F) A public official or employee of a political subdivision	1721
who is or becomes a member of the governing body of the program	1722
administrator of a joint self-insurance program in which the	1723
political subdivision participates is not in violation of division	1724
(D) or (E) of section 102.03, division (C) of section 102.04, or	1725
section 2921.42 of the Revised Code as a result of either of the	1726
following:	1727

(1) The political subdivision's entering under this section	1728
into the written agreement to participate in the joint	1729
self-insurance program;	1730

(2) The political subdivision's entering under this section	1731
into any other contract with the joint self-insurance program.	1732

Sec. 9.90. (A) ~~The following applies until the department of~~	1733
~~administrative services implements healthcare plans designed under~~	1734
~~section 9.901 of the Revised Code. If those plans do not include~~	1735
~~or address any benefits listed in this section, or if the board of~~	1736
~~trustees or other governing body of a state institution of higher~~	1737
~~education, as defined in section 3345.011 of the Revised Code,~~	1738
~~board of education of a school district, or governing board of an~~	1739
~~educational service center do not elect to be covered under a plan~~	1740
~~offered by the department of administrative services under section~~	1741
~~9.901 of the Revised Code, the following provisions continue in~~	1742
~~effect for those benefits.~~ The board of trustees or other	1743
governing body of a state institution of higher education, as	1744
defined in section 3345.011 of the Revised Code, board of	1745
education of a school district, or governing board of an	1746
educational service center may, in addition to all other powers	1747
provided in the Revised Code:	1748

(1) Contract for, purchase, or otherwise procure from an	1749
insurer or insurers licensed to do business by the state of Ohio	1750
for or on behalf of such of its employees as it may determine,	1751
life insurance, or sickness, accident, annuity, endowment, health,	1752
medical, hospital, dental, or surgical coverage and benefits, or	1753
any combination thereof, by means of insurance plans or other	1754
types of coverage, family, group or otherwise, and may pay from	1755
funds under its control and available for such purpose all or any	1756
portion of the cost, premium, or charge for such insurance,	1757
coverage, or benefits. However, the governing board, in addition	1758
to or as an alternative to the authority otherwise granted by	1759
division (A)(1) of this section, may elect to procure coverage for	1760
health care services, for or on behalf of such of its employees as	1761
it may determine, by means of policies, contracts, certificates,	1762
or agreements issued by at least two health insuring corporations	1763
holding a certificate of authority under Chapter 1751. of the	1764
Revised Code and may pay from funds under the governing board's	1765
control and available for such purpose all or any portion of the	1766
cost of such coverage.	1767

(2) Make payments to a custodial account for investment in	1768
regulated investment company stock for the purpose of providing	1769
retirement benefits as described in section 403(b)(7) of the	1770
Internal Revenue Code of 1954, as amended. Such stock shall be	1771
purchased only from persons authorized to sell such stock in this	1772
state.	1773

Any income of an employee deferred under divisions (A)(1) and	1774
(2) of this section in a deferred compensation program eligible	1775
for favorable tax treatment under the Internal Revenue Code of	1776
1954, as amended, shall continue to be included as regular	1777
compensation for the purpose of computing the contributions to and	1778
benefits from the retirement system of such employee. Any sum so	1779
deferred shall not be included in the computation of any federal	1780
and state income taxes withheld on behalf of any such employee.	1781

(B) All or any portion of the cost, premium, or charge	1782
therefor may be paid in such other manner or combination of	1783
manners as the board or governing body may determine, including	1784
direct payment by the employee in cases under division (A)(1) of	1785
this section, and, if authorized in writing by the employee in	1786
cases under division (A)(1) or (2) of this section, by the board	1787
or governing body with moneys made available by deduction from or	1788
reduction in salary or wages or by the foregoing of a salary or	1789
wage increase. Nothing in section 3917.01 or section 3917.06 of	1790
the Revised Code shall prohibit the issuance or purchase of group	1791
life insurance authorized by this section by reason of payment of	1792
premiums therefor by the board or governing body from its funds,	1793
and such group life insurance may be so issued and purchased if	1794
otherwise consistent with the provisions of sections 3917.01 to	1795
3917.07 of the Revised Code.	1796

(C) The board of education of any school district may	1797
exercise any of the powers granted to the governing boards of	1798
public institutions of higher education under divisions (A) and	1799
(B) of this section. All health care benefits provided to persons	1800
employed by the public schools of this state shall be through	1801
health care plans that contain best practices established by the	1802
department of administrative services pursuant to section 9.901 of	1803
the Revised Code.	1804

~~(D) Once the department of administrative services releases~~	1805
~~in final form health care plans designed under section 9.901 of~~	1806
~~the Revised Code, all health care benefits provided to persons~~	1807
~~employed by state institutions of higher education, school~~	1808
~~districts, or educational service centers may be through those~~	1809
~~plans.~~	1810

Sec. 9.901. (A)(1) All health care benefits provided to	1811
persons employed by ~~the political subdivisions and~~ public ~~school~~	1812
~~districts of~~employers as defined by this ~~state~~section shall be	1813
provided by health care plans that contain best practices	1814
established ~~pursuant to this section~~ by the former school	1815
employees health care board or the department of administrative	1816
services. ~~Twelve months after the release of best practices by the~~	1817
~~board all~~All policies or contracts for health care benefits	1818
~~provided to public school district employees~~ that are issued or	1819
renewed after the expiration of any applicable collective	1820
bargaining agreement must contain all best practices established	1821
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1822
~~or all of the health~~Health care plans that contain the best	1823
practices ~~specified by the board~~ may be self-insured.	1824

(2) Upon ~~completion of the consultant's report under division~~	1825
~~(E) of this section and once the plans are released in final form~~	1826
~~by the department, all health care benefits provided to persons~~	1827
~~employed by political subdivisions, public school districts, and~~	1828
~~state institutions of higher education may be provided by health~~	1829
~~care plans designed under this section by the department. The~~	1830
~~department, in consultation with the superintendent of insurance,~~	1831
~~may negotiate with and, in accordance with the competitive~~	1832
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1833
~~with one or more insurance companies authorized to do business in~~	1834
~~this state for the issuance of the plans. Any or all of the health~~	1835
~~care plans designed by the department may be self-insured. All~~	1836
~~self-insured plans adopted shall be administered by the department~~	1837
~~in accordance with this section. The plans shall incorporate the~~	1838
~~best practices adopted by the department under division (C)(3) of~~	1839
~~this section~~consulting with the department of administrative	1840
services, a political subdivision may adopt a delivery system of	1841
benefits that is not in accordance with the department's adopted	1842
best practices if it is considered by the department to be most	1843
financially advantageous to the political subdivision.	1844

(3) ~~Before soliciting proposals from insurance companies for~~	1845
~~the issuance of health care plans, the department, in consultation~~	1846
~~with the superintendent of insurance, shall determine what~~	1847
~~geographic regions exist in the state based on the availability of~~	1848
~~providers, networks, costs, and other factors relating to~~	1849
~~providing health care benefits. The department shall then~~	1850
~~determine what health care plans offered by political~~	1851
~~subdivisions, public school districts, state institutions, and~~	1852
~~existing consortiums in the region offer the most cost-effective~~	1853
~~plan.~~	1854

~~(4) The department, in consultation with the superintendent~~	1855
~~of insurance, shall develop a request for proposals and solicit~~	1856
~~bids for health care plans for political subdivisions, public~~	1857
~~school districts, and state institutions in a region similar to~~	1858
~~the existing plans. The department shall also determine the~~	1859
~~benefits offered by existing health care plans, the employees'~~	1860
~~costs, and the cost-sharing arrangements used by political~~	1861
~~subdivisions, schools, and institutions participating in a~~	1862
~~consortium. The department shall determine what strategies are~~	1863
~~used by the existing plans to manage health care costs and shall~~	1864
~~study the potential benefits of state or regional consortiums~~	1865
~~offering multiple health care plans. When options exist in a~~	1866
~~defined regional service area that meet the benchmarks or best~~	1867
~~practices prescribed by the department, public employees shall be~~	1868
~~given the option of selecting from two or more health plans.~~	1869

~~(5) No political subdivision, public school district, or~~	1870
~~state institution may be required to offer the health care plans~~	1871
~~designed under this section until action is taken under division~~	1872
~~(E) of this section.~~	1873

~~In addition, political subdivisions, public school districts,~~	1874
~~or state institutions offering employee health care benefits~~	1875
~~through a plan offered by a consortium of two or more political~~	1876
~~subdivisions, districts, or state institutions, or a consortium of~~	1877
~~one or more political subdivisions, districts, or state~~	1878
~~institutions and one or more other political subdivisions may~~	1879
~~continue offering consortium plans to the political subdivisions',~~	1880
~~districts', or institutions' employees if plans contain best~~	1881
~~practices required under this section.~~	1882

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

1883

(a) "Public employer" means political subdivisions, public	1884
school districts, or state institutions of higher education.	1885

(b) "Public school district" means a city, local, exempted	1886
village, or joint vocational school district; a STEM school	1887
established under Chapter 3326. of the Revised Code; or an	1888
educational service center. "Public school district" does not mean	1889
a community school established under Chapter 3314. of the Revised	1890
Code.	1891

~~(b)~~(c) "State institution of higher education" or "state	1892
institution" means a state institution of higher education as	1893
defined in section 3345.011 of the Revised Code.	1894

~~(c)~~(d) "Political subdivision" has the same meaning as	1895
defined in section 9.833 of the Revised Code.	1896

~~(d)~~(e) A "health care plan" includes group policies,	1897
contracts, and agreements that provide hospital, surgical, or	1898
medical expense coverage, including self-insured plans. A "health	1899
care plan" does not include an individual plan offered to the	1900
employees of a political subdivision, public school district, or	1901
state institution, or a plan that provides coverage only for	1902
specific disease or accidents, or a hospital indemnity, medicare	1903
supplement, or other plan that provides only supplemental	1904
benefits, paid for by the employees of a political subdivision,	1905
public school district, or state institution.	1906

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1907
public school district, a state institution of higher education, a	1908
consortium of political subdivisions, public school districts, or	1909
state institutions, or a council of governments.	1910

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1911
care fund is hereby created in the state treasury. The department	1912
shall use all funds in the ~~political subdivisions and~~ public	1913
employees health care fund solely to carry out the provisions of	1914
this section and related administrative costs.	1915

~~(C)~~(B) The department of administrative services shall do all	1916
of the following:	1917

(1) ~~Include disease management and consumer education~~	1918
~~programs, which programs shall include, but are not limited to,~~	1919
~~wellness programs and other measures designed to encourage the~~	1920
~~wise use of medical plan coverage. These programs are not services~~	1921
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1922

~~(2) After action is taken under division (E) of this section,~~	1923
~~design health care plans for political subdivisions, public school~~	1924
~~districts, and state institutions of higher education in~~	1925
~~accordance with division (A) of this section separate from the~~	1926
~~plans for state agencies;~~	1927

~~(3) Adopt and release a set of standards that shall be~~	1928
~~considered the best practices for health care plans offered to~~	1929
~~employees of political subdivisions, public school districts, and~~	1930
~~state institutions.~~	1931

~~(4) Require that the plans the health plan sponsors~~	1932
~~administer make readily available to the public all cost and~~	1933
~~design elements of the plan;~~	1934

~~(5) Set employee and employer health care plan premiums for~~	1935
~~the plans designed under division (C)(2) of this section;~~	1936

~~(6) Promote cooperation among all organizations affected by~~	1937
~~this section in identifying the elements for the successful~~	1938
~~implementation of this section;~~	1939

~~(7) Promote cost containment measures aligned with patient,~~	1940
~~plan, and provider management strategies in developing and~~	1941
~~managing health care plans;~~	1942

~~(8) Prepare and disseminate to the public an annual report on~~	1943
~~the status of health plan sponsors' effectiveness in making~~	1944
~~progress to reduce the rate of increase in insurance premiums and~~	1945
~~employee out of pocket expenses, as well as progress in improving~~	1946
~~the health status of political subdivision, public school~~	1947
~~district, and state institution employees and their families.~~	1948

~~(D) The sections in Chapter 3923. of the Revised Code~~	1949
~~regulating public employee benefit plans are not applicable to the~~	1950
~~health care plans designed pursuant to this section.~~	1951

~~(E) Before the department's release of the initial health~~	1952
~~care plans, the department shall contract with an independent~~	1953
~~consultant to analyze costs related to employee health care~~	1954
~~benefits provided by existing political subdivision, public school~~	1955
~~district, and state institution plans. All political subdivisions~~	1956
~~shall provide information requested by the department that the~~	1957
~~department determines is needed to complete this study. The~~	1958
~~information requested shall be held confidentially by the~~	1959
~~department and shall not be considered a public record under~~	1960
~~Chapter 149. of the Revised Code. The department may release the~~	1961
~~information after redacting all personally identifiable~~	1962
~~information. The consultant shall determine the benefits offered~~	1963
~~by existing plans, the employees' costs, and the cost-sharing~~	1964
~~arrangements used by political subdivisions, schools, and~~	1965
~~institutions participating in a consortium. The consultant shall~~	1966
~~determine what strategies are used by the existing plans to manage~~	1967
~~health care costs and shall study the potential benefits of state~~	1968
~~or regional consortiums of political subdivisions, public schools,~~	1969
~~and institutions offering multiple health care plans. Based on the~~	1970
~~findings of the analysis, the consultant shall submit written~~	1971
~~recommendations to the department for the development and~~	1972
~~implementation of a successful program for pooling purchasing~~	1973
~~power for the acquisition of employee health care plans. The~~	1974
~~consultant's recommendations shall address, at a minimum, all of~~	1975
~~the following issues:~~	1976

~~(1) The development of a plan for regional coordination of~~	1977
~~the health care plans;~~	1978

~~(2) The establishment of regions for the provision of health~~	1979
~~care plans, based on the availability of providers and plans in~~	1980
~~the state at the time;~~	1981

~~(3) The viability of voluntary and mandatory participation by~~	1982
~~political subdivisions, public schools, and institutions of higher~~	1983
~~education;~~	1984

~~(4) The use of regional preferred provider and closed panel~~	1985
~~plans, health savings accounts, and alternative health care plans,~~	1986
~~to stabilize both costs and the premiums charged to political~~	1987
~~subdivisions, public school districts, and state institutions and~~	1988
~~their employees;~~	1989

~~(5) The use of the competitive bidding process for regional~~	1990
~~health care plans;~~	1991

~~(6) The use of information on claims and costs and of~~	1992
~~information reported by political subdivisions, public school~~	1993
~~districts, and state institutions pursuant to the Consolidated~~	1994
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	1995
~~1161, as amended in analyzing administrative and premium costs;~~	1996

~~(7) The experience of states that have statewide health care~~	1997
~~plans for political subdivision, public school district, and state~~	1998
~~institution employees, including the implementation strategies~~	1999
~~used by those states;~~	2000

~~(8) Recommended strategies for the use of first-year roll-in~~	2001
~~premiums in the transition from political subdivision, district,~~	2002
~~and state institution health care plans to department plans;~~	2003

~~(9) The option of allowing political subdivisions, public~~	2004
~~school districts, and state institutions to join an existing~~	2005
~~regional consortium as an alternative to department plans;~~	2006

~~(10) Mandatory and optional coverages to be offered by the~~	2007
~~department's plans;~~	2008

~~(11) Potential risks to the state from the use of plans~~	2009
~~developed under this section;~~	2010

~~(12) Any legislation needed to ensure the long-term financial~~	2011
~~solvency and stability of a health care purchasing system;~~	2012

~~(13) The potential impacts of any changes to the existing~~	2013
~~purchasing structure on all of the following:~~	2014

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

2015

~~(b) Political subdivision, school district, and state~~	2016
~~institution employees;~~	2017

~~(c) Individual political subdivisions, school districts, and~~	2018
~~state institutions.~~	2019

~~(14) Issues that could arise when political subdivisions,~~	2020
~~school districts, and state institutions transition from the~~	2021
~~existing purchasing structure to a new purchasing structure;~~	2022

~~(15) Strategies available to the department in the creation~~	2023
~~of fund reserves and the need for stop-loss insurance coverage for~~	2024
~~catastrophic losses;~~	2025

~~(16) Impact on eliminating the premium tax or excise~~	2026
~~currently received on behalf of a public employer under division~~	2027
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	2028
~~Code;~~	2029

~~(17) How development of the federal health exchange in Ohio~~	2030
~~may impact public employees;~~	2031

~~(18) Impact of joint health insurance regional program on~~	2032
~~insurance carriers and agents;~~	2033

~~(19) The benefits, including any cost savings to the state of~~	2034
~~establishing a benchmark for public employers to meet in lieu of~~	2035
~~establishing new plans administered by the department.~~	2036

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

2037

(2) Study the potential benefits of state or regional	2038
consortiums of public employers' health care plans;	2039

(3) Publish information regarding the health care plans	2040
offered by political subdivisions, public school districts, state	2041
institutions, and existing consortiums;	2042

(4) Assist in the design of health care plans for political	2043
subdivisions, public school districts, and state institutions of	2044
higher education in accordance with division (A) of this section	2045
separate from the plans for state agencies;	2046

(5) Adopt and release a set of standards that shall be	2047
considered the best practices for health care plans offered to	2048
employees of political subdivisions, public school districts, and	2049
state institutions;	2050

(6) Require that plans the health plan sponsors administer	2051
make readily available to the public all cost and design elements	2052
of the plan;	2053

(7) Promote cooperation among all organizations affected by	2054
this section in identifying the elements for successful	2055
implementation of this section;	2056

(8) Promote cost containment measures aligned with patient,	2057
plan, and provider management strategies in developing and	2058
managing health care plans; and	2059

(9) Prepare and disseminate to the public an annual report on	2060
the status of health plan sponsors' effectiveness in complying	2061
with best practices and making progress to reduce the rate of	2062
increase in insurance premiums and employee out-of-pocket	2063
expenses, as well as progress in improving the health status of	2064
employees and their families.	2065

(C) The director of administrative services may convene a	2066
public health care advisory committee ~~is hereby created under the~~	2067
~~department of administrative services~~. The committee shall make	2068
recommendations to the director of administrative services or the	2069
director's designee on the development and adoption of best	2070
practices under this section. The committee shall consist of	2071
fifteen members: five members appointed by the speaker of the	2072
house of representatives,; five members appointed by the president	2073
of the senate,; and five members appointed by the governor and	2074
shall include representatives from state and local government	2075
employers, state and local government employees, insurance agents,	2076
health insurance companies, and joint purchasing arrangements	2077
currently in existence. ~~Nothing in this section prohibits a~~	2078
~~political subdivision from adopting a delivery system of benefits~~	2079
~~that is not in accordance with the department's adopted best~~	2080
~~practices if it is considered to be most financially advantageous~~	2081
~~to the political subdivision.~~Members shall serve without	2082
compensation.	2083

~~(G)~~(D) The department may adopt rules for the enforcement of	2084
health plan sponsors' compliance with the best practices standards	2085
adopted by the department pursuant to this section.	2086

~~(H)~~(E) Any health care plan providing coverage for the	2087
employees of political subdivisions, public school districts, or	2088
state institutions of higher education, or that have provided	2089
coverage within two years before the effective date of this	2090
amendment, shall provide nonidentifiable aggregate claims and	2091
administrative data for the coverage provided as required by the	2092
department, without charge, within thirty days after receiving a	2093
written request from the department. The claims data shall include	2094
data relating to employee group benefit sets, demographics, and	2095
claims experience.	2096

~~(I)(1)~~(F) The department may ~~contract~~work with other state	2097
agencies ~~for~~to obtain services as the department deems necessary	2098
for the implementation and operation of this section, based on	2099
demonstrated experience and expertise in administration,	2100
management, data handling, actuarial studies, quality assurance,	2101
or for other needed services.	2102

~~(2)~~(G) The department shall hire staff as necessary to	2103
provide administrative support to the department and the public	2104
employee health care plan program established by this section.	2105

~~(J) Not more than ninety days before coverage begins for~~	2106
~~political subdivision, public school district, and state~~	2107
~~institution employees under health care plans designed by the~~	2108
~~department, a political subdivision's governing body, public~~	2109
~~school district's board of education, and a state institution's~~	2110
~~board of trustees or managing authority shall provide detailed~~	2111
~~information about the health care plans to the employees.~~	2112

~~(K)~~(H) Nothing in this section shall be construed as	2113
prohibiting political subdivisions, public school districts, or	2114
state institutions from consulting with and compensating insurance	2115
agents and brokers for professional services or from establishing	2116
a self-insurance program.	2117

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	2118
auditor of state shall conduct all necessary and required audits	2119
of the department. The auditor of state, upon request, also shall	2120
furnish to the department copies of audits of political	2121
subdivisions, public school districts, or consortia performed by	2122
the auditor of state.	2123

Sec. 101.39. (A) There is hereby created the joint	2124
legislative committee on health care oversight. The committee may	2125
review or study any matter related to the provision of health care	2126
services that it considers of significance to the citizens of this	2127
state, including the availability of health care, the quality of	2128
health care, the effectiveness and efficiency of managed care	2129
systems, and the operation of the ~~medical assistance~~medicaid	2130
program ~~established under Chapter 5111. of the Revised Code~~ or	2131
other government health programs.	2132

The department of ~~job and family services~~medicaid,	2133
department of health, department of aging, department of ~~mental~~	2134
~~health~~mental health and addiction services, department of	2135
developmental disabilities, ~~department of alcohol and drug~~	2136
~~addiction services,~~ and other state agencies shall cooperate with	2137
the committee in its study and review of health care issues. On	2138
request, the departments shall provide the committee with reports	2139
and other information sufficient for the committee to fulfill its	2140
duties.	2141

The committee may issue recommendations as it determines	2142
appropriate. The recommendations may be made to the general	2143
assembly, state agencies, private industry, or any other entity.	2144

(B) The committee shall consist of the following members of	2145
the general assembly: the chairperson of the senate's standing	2146
committee with primary responsibility for health legislation, the	2147
chairperson of the house of representatives' standing committee	2148
with primary responsibility for health legislation, four members	2149
of the house of representatives appointed by the speaker of the	2150
house of representatives, and four members of the senate appointed	2151
by the president of the senate. Not more than two members	2152
appointed by the speaker of the house of representatives and not	2153
more than two members appointed by the president of the senate may	2154
be of the same political party. Except in 1995, appointments shall	2155
be made not later than fifteen days after the commencement of the	2156
first regular session of each general assembly. The chairpersons	2157
of the standing committees with primary responsibility for health	2158
legislation shall serve as co-chairpersons of the committee.	2159

Each member of the committee shall hold office during the	2160
general assembly in which the member is appointed and until a	2161
successor has been appointed, notwithstanding the adjournment sine	2162
die of the general assembly in which the member was appointed or	2163
the expiration of the member's term as a member of the general	2164
assembly. Any vacancies occurring among the members of the	2165
committee shall be filled in the manner of the original	2166
appointment.	2167

The committee shall meet at least quarterly and at the call	2168
of the co-chairpersons. The co-chairpersons shall determine the	2169
time, place, and agenda for each meeting of the committee.	2170

The committee has the same powers as other standing or select	2171
committees of the general assembly. The committee may request	2172
assistance from the legislative service commission.	2173

Sec. 101.391. (A) There is hereby created the joint	2174
legislative committee on medicaid technology and reform. The	2175
committee may review or study any matter that it considers	2176
relevant to the operation of the medicaid program ~~established~~	2177
~~under Chapter 5111. of the Revised Code~~, with priority given to	2178
the study or review of mechanisms to enhance the program's	2179
effectiveness through improved technology systems and program	2180
reform.	2181

(B) The committee shall consist of five members of the house	2182
of representatives appointed by the speaker of the house of	2183
representatives and five members of the senate appointed by the	2184
president of the senate. Not more than three members appointed by	2185
the speaker of the house of representatives and not more than	2186
three members appointed by the president of the senate may be of	2187
the same political party.	2188

Each member of the committee shall hold office during the	2189
general assembly in which the member is appointed and until a	2190
successor has been appointed, notwithstanding the adjournment sine	2191
die of the general assembly in which the member was appointed or	2192
the expiration of the member's term as a member of the general	2193
assembly. Any vacancies occurring among the members of the	2194
committee shall be filled in the manner of the original	2195
appointment.	2196

(C) The committee has the same powers as other standing or	2197
select committees of the general assembly. The committee may	2198
employ an executive director.	2199

Sec. 101.392. (A) As used in this section, "Affordable Care	2200
Act" means the federal "Patient Protection and Affordable Care Act	2201
of 2010," Pub. L. 111-148, 124 Stat. 119, as amended by the	2202
federal "Health Care and Education Reconciliation Act of 2010,"	2203
Pub. L. 111-152, 124 Stat. 1029, and any amendments to those acts,	2204
or any regulations or guidance issued under those acts.	2205

(B) There is hereby created the joint legislative committee	2206
on the Affordable Care Act. The committee may review or study any	2207
matter that it considers relevant to the operation and impact of	2208
the Affordable Care Act in this state.	2209

(C) The committee shall consist of three members of the house	2210
of representatives appointed by the speaker of the house of	2211
representatives, and three members of the senate appointed by the	2212
president of the senate. Two members appointed by the speaker of	2213
the house of representatives shall be from the majority party and	2214
one member shall be from the minority party, and two members	2215
appointed by the president of the senate shall be from the	2216
majority party and one member shall be from the minority party.	2217

Each member of the committee shall hold office during the	2218
general assembly in which the member is appointed and until a	2219
successor has been appointed, notwithstanding the adjournment sine	2220
die of the general assembly in which the member was appointed or	2221
the expiration of the member's term as a member of the general	2222
assembly. Any vacancies occurring among the members of the	2223
committee shall be filled in the manner of the original	2224
appointment.	2225

(D) The committee has the same powers as other standing or	2226
select committees of the general assembly. The committee may	2227
request assistance from the legislative service commission.	2228

Sec. 102.02. (A) Except as otherwise provided in division	2229
(H) of this section, all of the following shall file with the	2230
appropriate ethics commission the disclosure statement described	2231
in this division on a form prescribed by the appropriate	2232
commission: every person who is elected to or is a candidate for a	2233
state, county, or city office or an office of a township with a	2234
population of five thousand or more, as determined by the most	2235
recent federal decennial census, and every person who is appointed	2236
to fill a vacancy for an unexpired term in such an elective	2237
office; all members of the state board of education; the director,	2238
assistant directors, deputy directors, division chiefs, or persons	2239
of equivalent rank of any administrative department of the state;	2240
the president or other chief administrative officer of every state	2241
institution of higher education as defined in section 3345.011 of	2242
the Revised Code; the executive director and the members of the	2243
capitol square review and advisory board appointed or employed	2244
pursuant to section 105.41 of the Revised Code; all members of the	2245
Ohio casino control commission, the executive director of the	2246
commission, all professional employees of the commission, and all	2247
technical employees of the commission who perform an internal	2248
audit function; the individuals set forth in division (B)(2) of	2249
section 187.03 of the Revised Code; the chief executive officer	2250
and the members of the board of each state retirement system; each	2251
employee of a state retirement board who is a state retirement	2252
system investment officer licensed pursuant to section 1707.163 of	2253
the Revised Code; the members of the Ohio retirement study council	2254
appointed pursuant to division (C) of section 171.01 of the	2255
Revised Code; employees of the Ohio retirement study council,	2256
other than employees who perform purely administrative or clerical	2257
functions; the administrator of workers' compensation and each	2258
member of the bureau of workers' compensation board of directors;	2259
the bureau of workers' compensation director of investments; the	2260
chief investment officer of the bureau of workers' compensation;	2261
all members of the board of commissioners on grievances and	2262
discipline of the supreme court and the ethics commission created	2263
under section 102.05 of the Revised Code; every business manager,	2264
treasurer, or superintendent of a city, local, exempted village,	2265
joint vocational, or cooperative education school district or an	2266
educational service center; every person who is elected to or is a	2267
candidate for the office of member of a board of education of a	2268
city, local, exempted village, joint vocational, or cooperative	2269
education school district or of a governing board of an	2270
educational service center that has a total student count of	2271
twelve thousand or more as most recently determined by the	2272
department of education pursuant to section 3317.03 of the Revised	2273
Code; every person who is appointed to the board of education of a	2274
municipal school district pursuant to division (B) or (F) of	2275
section 3311.71 of the Revised Code; all members of the board of	2276
directors of a sanitary district that is established under Chapter	2277
6115. of the Revised Code and organized wholly for the purpose of	2278
providing a water supply for domestic, municipal, and public use,	2279
and that includes two municipal corporations in two counties;	2280
every public official or employee who is paid a salary or wage in	2281
accordance with schedule C of section 124.15 or schedule E-2 of	2282
section 124.152 of the Revised Code; members of the board of	2283
trustees and the executive director of the southern Ohio	2284
agricultural and community development foundation; all members	2285
appointed to the Ohio livestock care standards board under section	2286
904.02 of the Revised Code; and every other public official or	2287
employee who is designated by the appropriate ethics commission	2288
pursuant to division (B) of this section.	2289

The disclosure statement shall include all of the following:

2290

(1) The name of the person filing the statement and each	2291
member of the person's immediate family and all names under which	2292
the person or members of the person's immediate family do	2293
business;	2294

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	2295
and except as otherwise provided in section 102.022 of the Revised	2296
Code, identification of every source of income, other than income	2297
from a legislative agent identified in division (A)(2)(b) of this	2298
section, received during the preceding calendar year, in the	2299
person's own name or by any other person for the person's use or	2300
benefit, by the person filing the statement, and a brief	2301
description of the nature of the services for which the income was	2302
received. If the person filing the statement is a member of the	2303
general assembly, the statement shall identify the amount of every	2304
source of income received in accordance with the following ranges	2305
of amounts: zero or more, but less than one thousand dollars; one	2306
thousand dollars or more, but less than ten thousand dollars; ten	2307
thousand dollars or more, but less than twenty-five thousand	2308
dollars; twenty-five thousand dollars or more, but less than fifty	2309
thousand dollars; fifty thousand dollars or more, but less than	2310
one hundred thousand dollars; and one hundred thousand dollars or	2311
more. Division (A)(2)(a) of this section shall not be construed to	2312
require a person filing the statement who derives income from a	2313
business or profession to disclose the individual items of income	2314
that constitute the gross income of that business or profession,	2315
except for those individual items of income that are attributable	2316
to the person's or, if the income is shared with the person, the	2317
partner's, solicitation of services or goods or performance,	2318
arrangement, or facilitation of services or provision of goods on	2319
behalf of the business or profession of clients, including	2320
corporate clients, who are legislative agents. A person who files	2321
the statement under this section shall disclose the identity of	2322
and the amount of income received from a person who the public	2323
official or employee knows or has reason to know is doing or	2324
seeking to do business of any kind with the public official's or	2325
employee's agency.	2326

(b) If the person filing the statement is a member of the	2327
general assembly, the statement shall identify every source of	2328
income and the amount of that income that was received from a	2329
legislative agent during the preceding calendar year, in the	2330
person's own name or by any other person for the person's use or	2331
benefit, by the person filing the statement, and a brief	2332
description of the nature of the services for which the income was	2333
received. Division (A)(2)(b) of this section requires the	2334
disclosure of clients of attorneys or persons licensed under	2335
section 4732.12 of the Revised Code, or patients of persons	2336
certified under section 4731.14 of the Revised Code, if those	2337
clients or patients are legislative agents. Division (A)(2)(b) of	2338
this section requires a person filing the statement who derives	2339
income from a business or profession to disclose those individual	2340
items of income that constitute the gross income of that business	2341
or profession that are received from legislative agents.	2342

(c) Except as otherwise provided in division (A)(2)(c) of	2343
this section, division (A)(2)(a) of this section applies to	2344
attorneys, physicians, and other persons who engage in the	2345
practice of a profession and who, pursuant to a section of the	2346
Revised Code, the common law of this state, a code of ethics	2347
applicable to the profession, or otherwise, generally are required	2348
not to reveal, disclose, or use confidences of clients, patients,	2349
or other recipients of professional services except under	2350
specified circumstances or generally are required to maintain	2351
those types of confidences as privileged communications except	2352
under specified circumstances. Division (A)(2)(a) of this section	2353
does not require an attorney, physician, or other professional	2354
subject to a confidentiality requirement as described in division	2355
(A)(2)(c) of this section to disclose the name, other identity, or	2356
address of a client, patient, or other recipient of professional	2357
services if the disclosure would threaten the client, patient, or	2358
other recipient of professional services, would reveal details of	2359
the subject matter for which legal, medical, or professional	2360
advice or other services were sought, or would reveal an otherwise	2361
privileged communication involving the client, patient, or other	2362
recipient of professional services. Division (A)(2)(a) of this	2363
section does not require an attorney, physician, or other	2364
professional subject to a confidentiality requirement as described	2365
in division (A)(2)(c) of this section to disclose in the brief	2366
description of the nature of services required by division	2367
(A)(2)(a) of this section any information pertaining to specific	2368
professional services rendered for a client, patient, or other	2369
recipient of professional services that would reveal details of	2370
the subject matter for which legal, medical, or professional	2371
advice was sought or would reveal an otherwise privileged	2372
communication involving the client, patient, or other recipient of	2373
professional services.	2374

(3) The name of every corporation on file with the secretary	2375
of state that is incorporated in this state or holds a certificate	2376
of compliance authorizing it to do business in this state, trust,	2377
business trust, partnership, or association that transacts	2378
business in this state in which the person filing the statement or	2379
any other person for the person's use and benefit had during the	2380
preceding calendar year an investment of over one thousand dollars	2381
at fair market value as of the thirty-first day of December of the	2382
preceding calendar year, or the date of disposition, whichever is	2383
earlier, or in which the person holds any office or has a	2384
fiduciary relationship, and a description of the nature of the	2385
investment, office, or relationship. Division (A)(3) of this	2386
section does not require disclosure of the name of any bank,	2387
savings and loan association, credit union, or building and loan	2388
association with which the person filing the statement has a	2389
deposit or a withdrawable share account.	2390

(4) All fee simple and leasehold interests to which the	2391
person filing the statement holds legal title to or a beneficial	2392
interest in real property located within the state, excluding the	2393
person's residence and property used primarily for personal	2394
recreation;	2395

(5) The names of all persons residing or transacting business	2396
in the state to whom the person filing the statement owes, in the	2397
person's own name or in the name of any other person, more than	2398
one thousand dollars. Division (A)(5) of this section shall not be	2399
construed to require the disclosure of debts owed by the person	2400
resulting from the ordinary conduct of a business or profession or	2401
debts on the person's residence or real property used primarily	2402
for personal recreation, except that the superintendent of	2403
financial institutions shall disclose the names of all	2404
state-chartered savings and loan associations and of all service	2405
corporations subject to regulation under division (E)(2) of	2406
section 1151.34 of the Revised Code to whom the superintendent in	2407
the superintendent's own name or in the name of any other person	2408
owes any money, and that the superintendent and any deputy	2409
superintendent of banks shall disclose the names of all	2410
state-chartered banks and all bank subsidiary corporations subject	2411
to regulation under section 1109.44 of the Revised Code to whom	2412
the superintendent or deputy superintendent owes any money.	2413

(6) The names of all persons residing or transacting business	2414
in the state, other than a depository excluded under division	2415
(A)(3) of this section, who owe more than one thousand dollars to	2416
the person filing the statement, either in the person's own name	2417
or to any person for the person's use or benefit. Division (A)(6)	2418
of this section shall not be construed to require the disclosure	2419
of clients of attorneys or persons licensed under section 4732.12	2420
or 4732.15 of the Revised Code, or patients of persons certified	2421
under section 4731.14 of the Revised Code, nor the disclosure of	2422
debts owed to the person resulting from the ordinary conduct of a	2423
business or profession.	2424

(7) Except as otherwise provided in section 102.022 of the	2425
Revised Code, the source of each gift of over seventy-five	2426
dollars, or of each gift of over twenty-five dollars received by a	2427
member of the general assembly from a legislative agent, received	2428
by the person in the person's own name or by any other person for	2429
the person's use or benefit during the preceding calendar year,	2430
except gifts received by will or by virtue of section 2105.06 of	2431
the Revised Code, or received from spouses, parents, grandparents,	2432
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	2433
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	2434
fathers-in-law, mothers-in-law, or any person to whom the person	2435
filing the statement stands in loco parentis, or received by way	2436
of distribution from any inter vivos or testamentary trust	2437
established by a spouse or by an ancestor;	2438

(8) Except as otherwise provided in section 102.022 of the	2439
Revised Code, identification of the source and amount of every	2440
payment of expenses incurred for travel to destinations inside or	2441
outside this state that is received by the person in the person's	2442
own name or by any other person for the person's use or benefit	2443
and that is incurred in connection with the person's official	2444
duties, except for expenses for travel to meetings or conventions	2445
of a national or state organization to which any state agency,	2446
including, but not limited to, any legislative agency or state	2447
institution of higher education as defined in section 3345.011 of	2448
the Revised Code, pays membership dues, or any political	2449
subdivision or any office or agency of a political subdivision	2450
pays membership dues;	2451

(9) Except as otherwise provided in section 102.022 of the	2452
Revised Code, identification of the source of payment of expenses	2453
for meals and other food and beverages, other than for meals and	2454
other food and beverages provided at a meeting at which the person	2455
participated in a panel, seminar, or speaking engagement or at a	2456
meeting or convention of a national or state organization to which	2457
any state agency, including, but not limited to, any legislative	2458
agency or state institution of higher education as defined in	2459
section 3345.011 of the Revised Code, pays membership dues, or any	2460
political subdivision or any office or agency of a political	2461
subdivision pays membership dues, that are incurred in connection	2462
with the person's official duties and that exceed one hundred	2463
dollars aggregated per calendar year;	2464

(10) If the disclosure statement is filed by a public	2465
official or employee described in division (B)(2) of section	2466
101.73 of the Revised Code or division (B)(2) of section 121.63 of	2467
the Revised Code who receives a statement from a legislative	2468
agent, executive agency lobbyist, or employer that contains the	2469
information described in division (F)(2) of section 101.73 of the	2470
Revised Code or division (G)(2) of section 121.63 of the Revised	2471
Code, all of the nondisputed information contained in the	2472
statement delivered to that public official or employee by the	2473
legislative agent, executive agency lobbyist, or employer under	2474
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2475
the Revised Code.	2476

A person may file a statement required by this section in	2477
person or, by mail, or by electronic means. A person who is a	2478
candidate for elective office shall file the statement no later	2479
than the thirtieth day before the primary, special, or general	2480
election at which the candidacy is to be voted on, whichever	2481
election occurs soonest, except that a person who is a write-in	2482
candidate shall file the statement no later than the twentieth day	2483
before the earliest election at which the person's candidacy is to	2484
be voted on. A person who holds elective office shall file the	2485
statement on or before the fifteenth day of April of each year	2486
unless the person is a candidate for office. A person who is	2487
appointed to fill a vacancy for an unexpired term in an elective	2488
office shall file the statement within fifteen days after the	2489
person qualifies for office. Other persons shall file an annual	2490
statement on or before the fifteenth day of April or, if appointed	2491
or employed after that date, within ninety days after appointment	2492
or employment. No person shall be required to file with the	2493
appropriate ethics commission more than one statement or pay more	2494
than one filing fee for any one calendar year.	2495

The appropriate ethics commission, for good cause, may extend	2496
for a reasonable time the deadline for filing a statement under	2497
this section.	2498

A statement filed under this section is subject to public	2499
inspection at locations designated by the appropriate ethics	2500
commission except as otherwise provided in this section.	2501

(B) The Ohio ethics commission, the joint legislative ethics	2502
committee, and the board of commissioners on grievances and	2503
discipline of the supreme court, using the rule-making procedures	2504
of Chapter 119. of the Revised Code, may require any class of	2505
public officials or employees under its jurisdiction and not	2506
specifically excluded by this section whose positions involve a	2507
substantial and material exercise of administrative discretion in	2508
the formulation of public policy, expenditure of public funds,	2509
enforcement of laws and rules of the state or a county or city, or	2510
the execution of other public trusts, to file an annual statement	2511
on or before the fifteenth day of April under division (A) of this	2512
section. The appropriate ethics commission shall send the public	2513
officials or employees written notice of the requirement by the	2514
fifteenth day of February of each year the filing is required	2515
unless the public official or employee is appointed after that	2516
date, in which case the notice shall be sent within thirty days	2517
after appointment, and the filing shall be made not later than	2518
ninety days after appointment.	2519

Except for disclosure statements filed by members of the	2520
board of trustees and the executive director of the southern Ohio	2521
agricultural and community development foundation, disclosure	2522
statements filed under this division with the Ohio ethics	2523
commission by members of boards, commissions, or bureaus of the	2524
state for which no compensation is received other than reasonable	2525
and necessary expenses shall be kept confidential. Disclosure	2526
statements filed with the Ohio ethics commission under division	2527
(A) of this section by business managers, treasurers, and	2528
superintendents of city, local, exempted village, joint	2529
vocational, or cooperative education school districts or	2530
educational service centers shall be kept confidential, except	2531
that any person conducting an audit of any such school district or	2532
educational service center pursuant to section 115.56 or Chapter	2533
117. of the Revised Code may examine the disclosure statement of	2534
any business manager, treasurer, or superintendent of that school	2535
district or educational service center. Disclosure statements	2536
filed with the Ohio ethics commission under division (A) of this	2537
section by the individuals set forth in division (B)(2) of section	2538
187.03 of the Revised Code shall be kept confidential. The Ohio	2539
ethics commission shall examine each disclosure statement required	2540
to be kept confidential to determine whether a potential conflict	2541
of interest exists for the person who filed the disclosure	2542
statement. A potential conflict of interest exists if the private	2543
interests of the person, as indicated by the person's disclosure	2544
statement, might interfere with the public interests the person is	2545
required to serve in the exercise of the person's authority and	2546
duties in the person's office or position of employment. If the	2547
commission determines that a potential conflict of interest	2548
exists, it shall notify the person who filed the disclosure	2549
statement and shall make the portions of the disclosure statement	2550
that indicate a potential conflict of interest subject to public	2551
inspection in the same manner as is provided for other disclosure	2552
statements. Any portion of the disclosure statement that the	2553
commission determines does not indicate a potential conflict of	2554
interest shall be kept confidential by the commission and shall	2555
not be made subject to public inspection, except as is necessary	2556
for the enforcement of Chapters 102. and 2921. of the Revised Code	2557
and except as otherwise provided in this division.	2558

(C) No person shall knowingly fail to file, on or before the	2559
applicable filing deadline established under this section, a	2560
statement that is required by this section.	2561

(D) No person shall knowingly file a false statement that is	2562
required to be filed under this section.	2563

(E)(1) Except as provided in divisions (E)(2) and (3) of this	2564
section, the statement required by division (A) or (B) of this	2565
section shall be accompanied by a filing fee of sixty dollars.	2566

(2) The statement required by division (A) of this section	2567
shall be accompanied by the following filing fee to be paid by the	2568
person who is elected or appointed to, or is a candidate for, any	2569
of the following offices:	2570

For state office, except member of the		2571
state board of education	$95	2572
For office of member of general assembly	$40	2573
For county office	$60	2574
For city office	$35	2575
For township office	$35	2576
For office of member of the state board		2577
of education	$35	2578
For office of member of a city, local,		2579
exempted village, or cooperative		2580
education board of		2581
education or educational service		2582
center governing board	$30	2583
For position of business manager,		2584
treasurer, or superintendent of a		2585
city, local, exempted village, joint		2586
vocational, or cooperative education		2587
school district or		2588
educational service center	$30	2589

(3) No judge of a court of record or candidate for judge of a	2590
court of record, and no referee or magistrate serving a court of	2591
record, shall be required to pay the fee required under division	2592
(E)(1) or (2) or (F) of this section.	2593

(4) For any public official who is appointed to a nonelective	2594
office of the state and for any employee who holds a nonelective	2595
position in a public agency of the state, the state agency that is	2596
the primary employer of the state official or employee shall pay	2597
the fee required under division (E)(1) or (F) of this section.	2598

(F) If a statement required to be filed under this section is	2599
not filed by the date on which it is required to be filed, the	2600
appropriate ethics commission shall assess the person required to	2601
file the statement a late filing fee of ten dollars for each day	2602
the statement is not filed, except that the total amount of the	2603
late filing fee shall not exceed two hundred fifty dollars.	2604

(G)(1) The appropriate ethics commission other than the Ohio	2605
ethics commission and the joint legislative ethics committee shall	2606
deposit all fees it receives under divisions (E) and (F) of this	2607
section into the general revenue fund of the state.	2608

(2) The Ohio ethics commission shall deposit all receipts,	2609
including, but not limited to, fees it receives under divisions	2610
(E) and (F) of this section, investigative or other fees, costs,	2611
or other funds it receives as a result of court orders, and all	2612
moneys it receives from settlements under division (G) of section	2613
102.06 of the Revised Code, into the Ohio ethics commission fund,	2614
which is hereby created in the state treasury. All moneys credited	2615
to the fund shall be used solely for expenses related to the	2616
operation and statutory functions of the commission.	2617

(3) The joint legislative ethics committee shall deposit all	2618
receipts it receives from the payment of financial disclosure	2619
statement filing fees under divisions (E) and (F) of this section	2620
into the joint legislative ethics committee investigative fund.	2621

(H) Division (A) of this section does not apply to a person	2622
elected or appointed to the office of precinct, ward, or district	2623
committee member under Chapter 3517. of the Revised Code; a	2624
presidential elector; a delegate to a national convention; village	2625
~~or township~~ officials and employees; township officials of a	2626
township with a population of less than five thousand, as	2627
determined by the most recent decennial census; all township	2628
employees; any physician or psychiatrist who is paid a salary or	2629
wage in accordance with schedule C of section 124.15 or schedule	2630
E-2 of section 124.152 of the Revised Code and whose primary	2631
duties do not require the exercise of administrative discretion;	2632
or any member of a board, commission, or bureau of any county or	2633
city who receives less than one thousand dollars per year for	2634
serving in that position.	2635

Sec. 103.0521. If a rule currently in effect is obsolete	2636
because the rule was adopted by an agency that is no longer in	2637
existence and jurisdiction over the rule has not been transferred	2638
to another agency, and if that status is verified by the executive	2639
director of the joint committee on agency rule review, the	2640
executive director shall prepare, for consideration of the joint	2641
committee, a motion that the director of the legislative service	2642
commission remove the obsolete rule from the Administrative Code.	2643

The chairperson of the joint committee, or another member of	2644
the joint committee delegated by the chairperson, shall offer the	2645
motion at the next meeting of the joint committee. If the motion	2646
is agreed to by the joint committee, the executive director shall	2647
transmit a copy of the motion to the director of the legislative	2648
service commission. The executive director shall certify on the	2649
copy transmitted that the motion was agreed to by the joint	2650
committee.	2651

Upon receiving the certified motion, the director of the	2652
legislative service commission shall remove the obsolete rule from	2653
the Administrative Code as directed in the motion. The director	2654
thereafter shall maintain the removed obsolete rule in a file of	2655
obsolete rules. The file of obsolete rules may be maintained in	2656
electronic form.	2657

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2658
Revised Code:	2659

(A) "Mandated benefit" means the following, when considered	2660
in the context of a sickness and accident insurance policy or a	2661
health insuring corporation policy, contract, or agreement:	2662

(1) Any required coverage for a specific medical or	2663
health-related service, treatment, medication, or practice;	2664

(2) Any required coverage for the services of specific health	2665
care providers;	2666

(3) Any requirement that an insurer or health insuring	2667
corporation offer coverage to specific individuals or groups;	2668

(4) Any requirement that an insurer or health insuring	2669
corporation offer specific medical or health-related services,	2670
treatments, medications, or practices to existing insureds or	2671
enrollees;	2672

(5) Any required expansion of, or addition to, existing	2673
coverage;	2674

(6) Any mandated reimbursement amount to specific health care	2675
providers.	2676

(B) "Mandated benefit" does not include any required coverage	2677
or offer of coverage, any required expansion of, or addition to,	2678
existing coverage, or any mandated reimbursement amount to	2679
specific providers, as described in division (A) of this section,	2680
within the context of any public health benefits arrangement,	2681
including but not limited to, the coverage of beneficiaries	2682
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2683
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2684
medicare risk contract or medicare cost contract, or to the	2685
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2686
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2687
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2688
~~the Ohio department of job and family services under Chapter 5111.~~	2689
~~of the Revised Code~~.	2690

Sec. 107.033. As part of the state budget the governor	2691
submits to the general assembly under section 107.03 of the	2692
Revised Code, the governor shall include the state appropriation	2693
limitations the general assembly shall not exceed when making	2694
aggregate general revenue fund appropriations for each respective	2695
fiscal year of the biennium covered by that budget. The aggregate	2696
general revenue fund appropriations the governor proposes in the	2697
state budget also shall not exceed those limitations for each	2698
respective fiscal year of the biennium covered by that budget.	2699

(A) For fiscal year 2008, the state appropriation limitation	2700
is the sum of the following:	2701

(1) The aggregate general revenue fund appropriations for	2702
fiscal year 2007; plus	2703

(2) The aggregate general revenue fund appropriations for	2704
fiscal year 2007 multiplied by either three and one-half per cent,	2705
or the sum of the rate of inflation plus the rate of population	2706
change, whichever is greater.	2707

(B) For each fiscal year thereafter that is not a recast	2708
fiscal year, the state appropriation limitation is the sum of the	2709
following:	2710

(1) The state appropriation limitation for the previous	2711
fiscal year; plus	2712

(2) The state appropriation limitation for the previous	2713
fiscal year multiplied by either three and one-half per cent, or	2714
the sum of the rate of inflation plus the rate of population	2715
change, whichever is greater.	2716

(C) For each recast fiscal year, the state appropriation	2717
limitation is the sum of the following:	2718

(1) The aggregate general revenue fund appropriations for the	2719
previous fiscal year; plus	2720

(2) The aggregate general revenue fund appropriations for the	2721
previous fiscal year multiplied by either three and one-half per	2722
cent, or the sum of the rate of inflation plus the rate of	2723
population change, whichever is greater.	2724

(D) The state appropriation limitation for a fiscal year	2725
shall be increased by the amount of a nongeneral revenue fund	2726
appropriation made in the immediately preceding fiscal year, if	2727
all of the following apply to the nongeneral revenue fund	2728
appropriation:	2729

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

2730

(2) It is included in the aggregate general revenue fund	2731
appropriations proposed for that fiscal year.	2732

(3) It is being made for the first time from the general	2733
revenue fund.	2734

Sec. 107.12. (A) As used in this section, "organization"	2735
means a faith-based or other organization that is exempt from	2736
federal income taxation under section 501(c)(3) of the "Internal	2737
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2738
and provides charitable services to needy residents of this state.	2739

(B) There is hereby established within the office of the	2740
governor the governor's office of faith-based and community	2741
initiatives. The office shall:	2742

(1) Serve as a clearinghouse of information on federal,	2743
state, and local funding for charitable services performed by	2744
organizations;	2745

(2) Encourage organizations to seek public funding for their	2746
charitable services;	2747

(3) Assist local, state, and federal agencies in coordinating	2748
their activities to secure maximum use of funds and efforts that	2749
benefit people receiving charitable services from organizations;	2750

(4) Advise the governor, general assembly, and the advisory	2751
board of the governor's office of faith-based and community	2752
initiatives on the barriers that exist to collaboration between	2753
organizations and governmental entities and on ways to remove the	2754
barriers.	2755

(C) The governor shall appoint an executive director and such	2756
other staff as may be necessary to manage the office and perform	2757
or oversee the performance of the duties of the office. Within	2758
sixty days after being appointed, and every twelve months	2759
thereafter, the executive director shall distribute to the	2760
advisory board and review with the board a strategic plan. The	2761
executive director shall report to the board at least quarterly on	2762
proposed initiatives and policies. A report shall include the	2763
condition of the budget and the finances of the office.	2764

(D)(1) There is hereby created the advisory board of the	2765
governor's office of faith-based and community initiatives. The	2766
board shall consist of the following members:	2767

(a) The directors of aging, ~~alcohol and drug addiction~~	2768
~~services,~~ rehabilitation and correction, health, job and family	2769
services, developmental disabilities, ~~mental health~~mental health	2770
and addiction services, and youth services, or their designees;	2771

(b) The speaker of the house of representatives shall appoint	2772
to the board two members of the house of representatives, not more	2773
than one of whom shall be from the same political party and at	2774
least one of whom shall be from the legislative black caucus. The	2775
president of the senate shall appoint to the board two members of	2776
the senate, not more than one of whom shall be from the same	2777
political party.	2778

(c) The governor, the speaker of the house of	2779
representatives, and the president of the senate shall each	2780
appoint to the board three representatives of the nonprofit,	2781
faith-based and other nonprofit community.	2782

(2) Terms of the office shall be one year. Any vacancy that	2783
occurs on the board shall be filled in the same manner as the	2784
original appointment.	2785

(3) Members of the board are not entitled to compensation,	2786
but the members appointed by the governor, the speaker of the	2787
house of representatives, and the president of the senate who are	2788
representatives of the nonprofit, faith-based and other nonprofit	2789
community shall be reimbursed for their actual and necessary	2790
expenses that are incurred in relation to board meetings.	2791

(4) The board shall be presided over by a chairperson and a	2792
vice-chairperson, who shall be the members of the board who are	2793
also members of the house of representatives or the senate.	2794
Annually on the first day of January, the chairpersonship and	2795
vice-chairpersonship shall alternate between the members of the	2796
house of representatives and the senate.	2797

(E) The board shall have the following duties:

2798

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

2799

(2) Assist in the dissemination of information about, and in	2800
the stimulation of public awareness of, the service programs	2801
supported by the office;	2802

(3) Review the budget and finances of the office, proposed	2803
initiatives and policies, and the executive director's annual	2804
strategic plan at board meetings;	2805

(4) Provide feedback for and proposed modifications of the	2806
executive director's strategic plan. Within forty-five days after	2807
submitting a strategic plan, the executive director shall contact	2808
each advisory board member to obtain feedback. With the approval	2809
of the advisory board chairperson, the executive director shall	2810
lead a strategic plan discussion at the first board meeting	2811
following the distribution of the strategic plan.	2812

(5) Publish a report of its activities and accomplishments on	2813
or before the first day of August of each year, and deliver copies	2814
of the report to the governor, the speaker and minority leader of	2815
the house of representatives, and the president and minority	2816
leader of the senate.	2817

(F) No member of the board or organization that the member is	2818
affiliated or involved with is eligible to receive any grant that	2819
the office administers or assists in administering.	2820

Sec. 109.06. Before entering upon the discharge of the	2821
duties of ~~his~~ office, the attorney general shall give a bond to	2822
the state in the sum of five thousand dollars, with ~~two or more~~	2823
~~sureties approved by the governor~~a surety authorized to do	2824
business in the state, conditioned for the faithful discharge of	2825
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2826
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2827
~~thereon,~~ shall be deposited with and kept by the secretary of	2828
state ~~and kept~~ in ~~his~~the secretary of state's office.	2829

The first assistant attorney general shall give a bond to the	2830
state in the sum of five thousand dollars, and such other	2831
employees as are designated by the attorney general shall give a	2832
bond to the state in such amounts as the attorney general	2833
determines. Such bonds shall be approved by the attorney general,	2834
conditioned for the faithful discharge of the duties of their	2835
offices, and shall be deposited with and kept by the secretary of	2836
state ~~and kept~~ in ~~his~~the secretary of state's office.	2837

Sec. 109.36. As used in this section and sections 109.361 to	2838
109.366 of the Revised Code:	2839

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

2840

(a) A person who, at the time a cause of action against the	2841
person arises, is serving in an elected or appointed office or	2842
position with the state or is employed by the state.	2843

(b) A person that, at the time a cause of action against the	2844
person, partnership, or corporation arises, is rendering medical,	2845
nursing, dental, podiatric, optometric, physical therapeutic,	2846
psychiatric, or psychological services pursuant to a personal	2847
services contract or purchased service contract with a department,	2848
agency, or institution of the state.	2849

(c) A person that, at the time a cause of action against the	2850
person, partnership, or corporation arises, is rendering peer	2851
review, utilization review, or drug utilization review services in	2852
relation to medical, nursing, dental, podiatric, optometric,	2853
physical therapeutic, psychiatric, or psychological services	2854
pursuant to a personal services contract or purchased service	2855
contract with a department, agency, or institution of the state.	2856

(d) A person who, at the time a cause of action against the	2857
person arises, is rendering medical, nursing, dental, podiatric,	2858
optometric, physical therapeutic, psychiatric, or psychological	2859
services to patients in a state institution operated by the	2860
department of ~~mental health~~mental health and addiction services	2861
pursuant to an agreement with the department.	2862

(2) "Officer or employee" does not include any person	2863
elected, appointed, or employed by any political subdivision of	2864
the state.	2865

(B) "State" means the state of Ohio, including but not	2866
limited to, the general assembly, the supreme court, courts of	2867
appeals, the offices of all elected state officers, and all	2868
departments, boards, offices, commissions, agencies, institutions,	2869
and other instrumentalities of the state of Ohio. "State" does not	2870
include political subdivisions.	2871

(C) "Political subdivisions" of the state means municipal	2872
corporations, townships, counties, school districts, and all other	2873
bodies corporate and politic responsible for governmental	2874
activities only in geographical areas smaller than that of the	2875
state.	2876

(D) "Employer" means the general assembly, the supreme court,	2877
courts of appeals, any office of an elected state officer, or any	2878
department, board, office, commission, agency, institution, or	2879
other instrumentality of the state of Ohio that employs or	2880
contracts with an officer or employee or to which an officer or	2881
employee is elected or appointed.	2882

Sec. 109.57. (A)(1) The superintendent of the bureau of	2883
criminal identification and investigation shall procure from	2884
wherever procurable and file for record photographs, pictures,	2885
descriptions, fingerprints, measurements, and other information	2886
that may be pertinent of all persons who have been convicted of	2887
committing within this state a felony, any crime constituting a	2888
misdemeanor on the first offense and a felony on subsequent	2889
offenses, or any misdemeanor described in division (A)(1)(a),	2890
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2891
all children under eighteen years of age who have been adjudicated	2892
delinquent children for committing within this state an act that	2893
would be a felony or an offense of violence if committed by an	2894
adult or who have been convicted of or pleaded guilty to	2895
committing within this state a felony or an offense of violence,	2896
and of all well-known and habitual criminals. The person in charge	2897
of any county, multicounty, municipal, municipal-county, or	2898
multicounty-municipal jail or workhouse, community-based	2899
correctional facility, halfway house, alternative residential	2900
facility, or state correctional institution and the person in	2901
charge of any state institution having custody of a person	2902
suspected of having committed a felony, any crime constituting a	2903
misdemeanor on the first offense and a felony on subsequent	2904
offenses, or any misdemeanor described in division (A)(1)(a),	2905
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2906
having custody of a child under eighteen years of age with respect	2907
to whom there is probable cause to believe that the child may have	2908
committed an act that would be a felony or an offense of violence	2909
if committed by an adult shall furnish such material to the	2910
superintendent of the bureau. Fingerprints, photographs, or other	2911
descriptive information of a child who is under eighteen years of	2912
age, has not been arrested or otherwise taken into custody for	2913
committing an act that would be a felony or an offense of violence	2914
who is not in any other category of child specified in this	2915
division, if committed by an adult, has not been adjudicated a	2916
delinquent child for committing an act that would be a felony or	2917
an offense of violence if committed by an adult, has not been	2918
convicted of or pleaded guilty to committing a felony or an	2919
offense of violence, and is not a child with respect to whom there	2920
is probable cause to believe that the child may have committed an	2921
act that would be a felony or an offense of violence if committed	2922
by an adult shall not be procured by the superintendent or	2923
furnished by any person in charge of any county, multicounty,	2924
municipal, municipal-county, or multicounty-municipal jail or	2925
workhouse, community-based correctional facility, halfway house,	2926
alternative residential facility, or state correctional	2927
institution, except as authorized in section 2151.313 of the	2928
Revised Code.	2929

(2) Every clerk of a court of record in this state, other	2930
than the supreme court or a court of appeals, shall send to the	2931
superintendent of the bureau a weekly report containing a summary	2932
of each case involving a felony, involving any crime constituting	2933
a misdemeanor on the first offense and a felony on subsequent	2934
offenses, involving a misdemeanor described in division (A)(1)(a),	2935
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	2936
involving an adjudication in a case in which a child under	2937
eighteen years of age was alleged to be a delinquent child for	2938
committing an act that would be a felony or an offense of violence	2939
if committed by an adult. The clerk of the court of common pleas	2940
shall include in the report and summary the clerk sends under this	2941
division all information described in divisions (A)(2)(a) to (f)	2942
of this section regarding a case before the court of appeals that	2943
is served by that clerk. The summary shall be written on the	2944
standard forms furnished by the superintendent pursuant to	2945
division (B) of this section and shall include the following	2946
information:	2947

(a) The incident tracking number contained on the standard	2948
forms furnished by the superintendent pursuant to division (B) of	2949
this section;	2950

(b) The style and number of the case;

2951

2952

(d) The date that the person was convicted of or pleaded	2953
guilty to the offense, adjudicated a delinquent child for	2954
committing the act that would be a felony or an offense of	2955
violence if committed by an adult, found not guilty of the	2956
offense, or found not to be a delinquent child for committing an	2957
act that would be a felony or an offense of violence if committed	2958
by an adult, the date of an entry dismissing the charge, an entry	2959
declaring a mistrial of the offense in which the person is	2960
discharged, an entry finding that the person or child is not	2961
competent to stand trial, or an entry of a nolle prosequi, or the	2962
date of any other determination that constitutes final resolution	2963
of the case;	2964

(e) A statement of the original charge with the section of	2965
the Revised Code that was alleged to be violated;	2966

(f) If the person or child was convicted, pleaded guilty, or	2967
was adjudicated a delinquent child, the sentence or terms of	2968
probation imposed or any other disposition of the offender or the	2969
delinquent child.	2970

If the offense involved the disarming of a law enforcement	2971
officer or an attempt to disarm a law enforcement officer, the	2972
clerk shall clearly state that fact in the summary, and the	2973
superintendent shall ensure that a clear statement of that fact is	2974
placed in the bureau's records.	2975

(3) The superintendent shall cooperate with and assist	2976
sheriffs, chiefs of police, and other law enforcement officers in	2977
the establishment of a complete system of criminal identification	2978
and in obtaining fingerprints and other means of identification of	2979
all persons arrested on a charge of a felony, any crime	2980
constituting a misdemeanor on the first offense and a felony on	2981
subsequent offenses, or a misdemeanor described in division	2982
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	2983
Revised Code and of all children under eighteen years of age	2984
arrested or otherwise taken into custody for committing an act	2985
that would be a felony or an offense of violence if committed by	2986
an adult. The superintendent also shall file for record the	2987
fingerprint impressions of all persons confined in a county,	2988
multicounty, municipal, municipal-county, or multicounty-municipal	2989
jail or workhouse, community-based correctional facility, halfway	2990
house, alternative residential facility, or state correctional	2991
institution for the violation of state laws and of all children	2992
under eighteen years of age who are confined in a county,	2993
multicounty, municipal, municipal-county, or multicounty-municipal	2994
jail or workhouse, community-based correctional facility, halfway	2995
house, alternative residential facility, or state correctional	2996
institution or in any facility for delinquent children for	2997
committing an act that would be a felony or an offense of violence	2998
if committed by an adult, and any other information that the	2999
superintendent may receive from law enforcement officials of the	3000
state and its political subdivisions.	3001

(4) The superintendent shall carry out Chapter 2950. of the	3002
Revised Code with respect to the registration of persons who are	3003
convicted of or plead guilty to a sexually oriented offense or a	3004
child-victim oriented offense and with respect to all other duties	3005
imposed on the bureau under that chapter.	3006

(5) The bureau shall perform centralized recordkeeping	3007
functions for criminal history records and services in this state	3008
for purposes of the national crime prevention and privacy compact	3009
set forth in section 109.571 of the Revised Code and is the	3010
criminal history record repository as defined in that section for	3011
purposes of that compact. The superintendent or the	3012
superintendent's designee is the compact officer for purposes of	3013
that compact and shall carry out the responsibilities of the	3014
compact officer specified in that compact.	3015

(B) The superintendent shall prepare and furnish to every	3016
county, multicounty, municipal, municipal-county, or	3017
multicounty-municipal jail or workhouse, community-based	3018
correctional facility, halfway house, alternative residential	3019
facility, or state correctional institution and to every clerk of	3020
a court in this state specified in division (A)(2) of this section	3021
standard forms for reporting the information required under	3022
division (A) of this section. The standard forms that the	3023
superintendent prepares pursuant to this division may be in a	3024
tangible format, in an electronic format, or in both tangible	3025
formats and electronic formats.	3026

(C)(1) The superintendent may operate a center for	3027
electronic, automated, or other data processing for the storage	3028
and retrieval of information, data, and statistics pertaining to	3029
criminals and to children under eighteen years of age who are	3030
adjudicated delinquent children for committing an act that would	3031
be a felony or an offense of violence if committed by an adult,	3032
criminal activity, crime prevention, law enforcement, and criminal	3033
justice, and may establish and operate a statewide communications	3034
network to be known as the Ohio law enforcement gateway to gather	3035
and disseminate information, data, and statistics for the use of	3036
law enforcement agencies and for other uses specified in this	3037
division. The superintendent may gather, store, retrieve, and	3038
disseminate information, data, and statistics that pertain to	3039
children who are under eighteen years of age and that are gathered	3040
pursuant to sections 109.57 to 109.61 of the Revised Code together	3041
with information, data, and statistics that pertain to adults and	3042
that are gathered pursuant to those sections.	3043

(2) The superintendent or the superintendent's designee shall	3044
gather information of the nature described in division (C)(1) of	3045
this section that pertains to the offense and delinquency history	3046
of a person who has been convicted of, pleaded guilty to, or been	3047
adjudicated a delinquent child for committing a sexually oriented	3048
offense or a child-victim oriented offense for inclusion in the	3049
state registry of sex offenders and child-victim offenders	3050
maintained pursuant to division (A)(1) of section 2950.13 of the	3051
Revised Code and in the internet database operated pursuant to	3052
division (A)(13) of that section and for possible inclusion in the	3053
internet database operated pursuant to division (A)(11) of that	3054
section.	3055

(3) In addition to any other authorized use of information,	3056
data, and statistics of the nature described in division (C)(1) of	3057
this section, the superintendent or the superintendent's designee	3058
may provide and exchange the information, data, and statistics	3059
pursuant to the national crime prevention and privacy compact as	3060
described in division (A)(5) of this section.	3061

(4) The attorney general may adopt rules under Chapter 119.	3062
of the Revised Code establishing guidelines for the operation of	3063
and participation in the Ohio law enforcement gateway. The rules	3064
may include criteria for granting and restricting access to	3065
information gathered and disseminated through the Ohio law	3066
enforcement gateway. The attorney general shall permit the state	3067
medical board and board of nursing to access and view, but not	3068
alter, information gathered and disseminated through the Ohio law	3069
enforcement gateway.	3070

The attorney general may appoint a steering committee to	3071
advise the attorney general in the operation of the Ohio law	3072
enforcement gateway that is comprised of persons who are	3073
representatives of the criminal justice agencies in this state	3074
that use the Ohio law enforcement gateway and is chaired by the	3075
superintendent or the superintendent's designee.	3076

(D)(1) The following are not public records under section	3077
149.43 of the Revised Code:	3078

(a) Information and materials furnished to the superintendent	3079
pursuant to division (A) of this section;	3080

(b) Information, data, and statistics gathered or	3081
disseminated through the Ohio law enforcement gateway pursuant to	3082
division (C)(1) of this section;	3083

(c) Information and materials furnished to any board or	3084
person under division (F) or (G) of this section.	3085

(2) The superintendent or the superintendent's designee shall	3086
gather and retain information so furnished under division (A) of	3087
this section that pertains to the offense and delinquency history	3088
of a person who has been convicted of, pleaded guilty to, or been	3089
adjudicated a delinquent child for committing a sexually oriented	3090
offense or a child-victim oriented offense for the purposes	3091
described in division (C)(2) of this section.	3092

(E)(1) The attorney general shall adopt rules, in accordance	3093
with Chapter 119. of the Revised Code and subject to division	3094
(E)(2) of this section, setting forth the procedure by which a	3095
person may receive or release information gathered by the	3096
superintendent pursuant to division (A) of this section. A	3097
reasonable fee may be charged for this service. If a temporary	3098
employment service submits a request for a determination of	3099
whether a person the service plans to refer to an employment	3100
position has been convicted of or pleaded guilty to an offense	3101
listed or described in division (A)(1), (2), or (3) of section	3102
109.572 of the Revised Code, the request shall be treated as a	3103
single request and only one fee shall be charged.	3104

(2) Except as otherwise provided in this division, a rule	3105
adopted under division (E)(1) of this section may provide only for	3106
the release of information gathered pursuant to division (A) of	3107
this section that relates to the conviction of a person, or a	3108
person's plea of guilty to, a criminal offense. The superintendent	3109
shall not release, and the attorney general shall not adopt any	3110
rule under division (E)(1) of this section that permits the	3111
release of, any information gathered pursuant to division (A) of	3112
this section that relates to an adjudication of a child as a	3113
delinquent child, or that relates to a criminal conviction of a	3114
person under eighteen years of age if the person's case was	3115
transferred back to a juvenile court under division (B)(2) or (3)	3116
of section 2152.121 of the Revised Code and the juvenile court	3117
imposed a disposition or serious youthful offender disposition	3118
upon the person under either division, unless either of the	3119
following applies with respect to the adjudication or conviction:	3120

(a) The adjudication or conviction was for a violation of	3121
section 2903.01 or 2903.02 of the Revised Code.	3122

(b) The adjudication or conviction was for a sexually	3123
oriented offense, the juvenile court was required to classify the	3124
child a juvenile offender registrant for that offense under	3125
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3126
classification has not been removed.	3127

(F)(1) As used in division (F)(2) of this section, "head	3128
start agency" means an entity in this state that has been approved	3129
to be an agency for purposes of subchapter II of the "Community	3130
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3131
as amended.	3132

(2)(a) In addition to or in conjunction with any request that	3133
is required to be made under section 109.572, 2151.86, 3301.32,	3134
3301.541, division (C) of section 3310.58, or section 3319.39,	3135
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	3136
5153.111 of the Revised Code or that is made under section	3137
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	3138
board of education of any school district; the director of	3139
developmental disabilities; any county board of developmental	3140
disabilities; any provider or subcontractor as defined in section	3141
5123.081 of the Revised Code; the chief administrator of any	3142
chartered nonpublic school; the chief administrator of a	3143
registered private provider that is not also a chartered nonpublic	3144
school; the chief administrator of any home health agency; the	3145
chief administrator of or person operating any child day-care	3146
center, type A family day-care home, or type B family day-care	3147
home licensed or certified under Chapter 5104. of the Revised	3148
Code; the administrator of any type C family day-care home	3149
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3150
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3151
general assembly; the chief administrator of any head start	3152
agency; the executive director of a public children services	3153
agency; a private company described in section 3314.41, 3319.392,	3154
3326.25, or 3328.20 of the Revised Code; or an employer described	3155
in division (J)(2) of section 3327.10 of the Revised Code may	3156
request that the superintendent of the bureau investigate and	3157
determine, with respect to any individual who has applied for	3158
employment in any position after October 2, 1989, or any	3159
individual wishing to apply for employment with a board of	3160
education may request, with regard to the individual, whether the	3161
bureau has any information gathered under division (A) of this	3162
section that pertains to that individual. On receipt of the	3163
request, subject to division (E)(2) of this section, the	3164
superintendent shall determine whether that information exists	3165
and, upon request of the person, board, or entity requesting	3166
information, also shall request from the federal bureau of	3167
investigation any criminal records it has pertaining to that	3168
individual. The superintendent or the superintendent's designee	3169
also may request criminal history records from other states or the	3170
federal government pursuant to the national crime prevention and	3171
privacy compact set forth in section 109.571 of the Revised Code.	3172
Within thirty days of the date that the superintendent receives a	3173
request, subject to division (E)(2) of this section, the	3174
superintendent shall send to the board, entity, or person a report	3175
of any information that the superintendent determines exists,	3176
including information contained in records that have been sealed	3177
under section 2953.32 of the Revised Code, and, within thirty days	3178
of its receipt, subject to division (E)(2) of this section, shall	3179
send the board, entity, or person a report of any information	3180
received from the federal bureau of investigation, other than	3181
information the dissemination of which is prohibited by federal	3182
law.	3183

(b) When a board of education or a registered private	3184
provider is required to receive information under this section as	3185
a prerequisite to employment of an individual pursuant to division	3186
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3187
may accept a certified copy of records that were issued by the	3188
bureau of criminal identification and investigation and that are	3189
presented by an individual applying for employment with the	3190
district in lieu of requesting that information itself. In such a	3191
case, the board shall accept the certified copy issued by the	3192
bureau in order to make a photocopy of it for that individual's	3193
employment application documents and shall return the certified	3194
copy to the individual. In a case of that nature, a district or	3195
provider only shall accept a certified copy of records of that	3196
nature within one year after the date of their issuance by the	3197
bureau.	3198

(c) Notwithstanding division (F)(2)(a) of this section, in	3199
the case of a request under section 3319.39, 3319.391, or 3327.10	3200
of the Revised Code only for criminal records maintained by the	3201
federal bureau of investigation, the superintendent shall not	3202
determine whether any information gathered under division (A) of	3203
this section exists on the person for whom the request is made.	3204

(3) The state board of education may request, with respect to	3205
any individual who has applied for employment after October 2,	3206
1989, in any position with the state board or the department of	3207
education, any information that a school district board of	3208
education is authorized to request under division (F)(2) of this	3209
section, and the superintendent of the bureau shall proceed as if	3210
the request has been received from a school district board of	3211
education under division (F)(2) of this section.	3212

(4) When the superintendent of the bureau receives a request	3213
for information under section 3319.291 of the Revised Code, the	3214
superintendent shall proceed as if the request has been received	3215
from a school district board of education and shall comply with	3216
divisions (F)(2)(a) and (c) of this section.	3217

(5) When a recipient of a classroom reading improvement grant	3218
paid under section 3301.86 of the Revised Code requests, with	3219
respect to any individual who applies to participate in providing	3220
any program or service funded in whole or in part by the grant,	3221
the information that a school district board of education is	3222
authorized to request under division (F)(2)(a) of this section,	3223
the superintendent of the bureau shall proceed as if the request	3224
has been received from a school district board of education under	3225
division (F)(2)(a) of this section.	3226

(G) In addition to or in conjunction with any request that is	3227
required to be made under section 3701.881, 3712.09, or 3721.121	3228
of the Revised Code with respect to an individual who has applied	3229
for employment in a position that involves providing direct care	3230
to an older adult or adult resident, the chief administrator of a	3231
home health agency, hospice care program, home licensed under	3232
Chapter 3721. of the Revised Code, or adult day-care program	3233
operated pursuant to rules adopted under section 3721.04 of the	3234
Revised Code may request that the superintendent of the bureau	3235
investigate and determine, with respect to any individual who has	3236
applied after January 27, 1997, for employment in a position that	3237
does not involve providing direct care to an older adult or adult	3238
resident, whether the bureau has any information gathered under	3239
division (A) of this section that pertains to that individual.	3240

In addition to or in conjunction with any request that is	3241
required to be made under section 173.27 of the Revised Code with	3242
respect to an individual who has applied for employment in a	3243
position that involves providing ~~ombudsperson~~ombudsman services	3244
to residents of long-term care facilities or recipients of	3245
community-based long-term care services, the state long-term care	3246
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	3247
of ~~health~~aging, a regional long-term care ombudsman, or the	3248
designee of the ombudsman, director, or program may request that	3249
the superintendent investigate and determine, with respect to any	3250
individual who has applied for employment in a position that does	3251
not involve providing such ~~ombudsperson~~ombudsman services,	3252
whether the bureau has any information gathered under division (A)	3253
of this section that pertains to that applicant.	3254

In addition to or in conjunction with any request that is	3255
required to be made under section ~~173.394~~173.38 of the Revised	3256
Code with respect to an individual who has applied for employment	3257
in a direct-care position ~~that involves providing direct care to~~	3258
~~an individual~~, the chief administrator of a ~~community-based~~	3259
~~long-term care agency~~provider, as defined in section 173.39 of	3260
the Revised Code, may request that the superintendent investigate	3261
and determine, with respect to any individual who has applied for	3262
employment in a position that ~~does~~is not ~~involve providing direct~~	3263
~~care~~a direct-care position, whether the bureau has any	3264
information gathered under division (A) of this section that	3265
pertains to that applicant.	3266

In addition to or in conjunction with any request that is	3267
required to be made under section 3712.09 of the Revised Code with	3268
respect to an individual who has applied for employment in a	3269
position that involves providing direct care to a pediatric	3270
respite care patient, the chief administrator of a pediatric	3271
respite care program may request that the superintendent of the	3272
bureau investigate and determine, with respect to any individual	3273
who has applied for employment in a position that does not involve	3274
providing direct care to a pediatric respite care patient, whether	3275
the bureau has any information gathered under division (A) of this	3276
section that pertains to that individual.	3277

On receipt of a request under this division, the	3278
superintendent shall determine whether that information exists	3279
and, on request of the individual requesting information, shall	3280
also request from the federal bureau of investigation any criminal	3281
records it has pertaining to the applicant. The superintendent or	3282
the superintendent's designee also may request criminal history	3283
records from other states or the federal government pursuant to	3284
the national crime prevention and privacy compact set forth in	3285
section 109.571 of the Revised Code. Within thirty days of the	3286
date a request is received, subject to division (E)(2) of this	3287
section, the superintendent shall send to the requester a report	3288
of any information determined to exist, including information	3289
contained in records that have been sealed under section 2953.32	3290
of the Revised Code, and, within thirty days of its receipt, shall	3291
send the requester a report of any information received from the	3292
federal bureau of investigation, other than information the	3293
dissemination of which is prohibited by federal law.	3294

(H) Information obtained by a government entity or person	3295
under this section is confidential and shall not be released or	3296
disseminated.	3297

(I) The superintendent may charge a reasonable fee for	3298
providing information or criminal records under division (F)(2) or	3299
(G) of this section.	3300

(J) As used in this section:

3301

(1) "Pediatric respite care program" and "pediatric respite	3302
care patient" have the same meanings as in section 3712.01 of the	3303
Revised Code.	3304

(2) "Sexually oriented offense" and "child-victim oriented	3305
offense" have the same meanings as in section 2950.01 of the	3306
Revised Code.	3307

(3) "Registered private provider" means a nonpublic school or	3308
entity registered with the superintendent of public instruction	3309
under section 3310.41 of the Revised Code to participate in the	3310
autism scholarship program or section 3310.58 of the Revised Code	3311
to participate in the Jon Peterson special needs scholarship	3312
program.	3313

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	3314
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3315
a completed form prescribed pursuant to division (C)(1) of this	3316
section, and a set of fingerprint impressions obtained in the	3317
manner described in division (C)(2) of this section, the	3318
superintendent of the bureau of criminal identification and	3319
investigation shall conduct a criminal records check in the manner	3320
described in division (B) of this section to determine whether any	3321
information exists that indicates that the person who is the	3322
subject of the request previously has been convicted of or pleaded	3323
guilty to any of the following:	3324

(a) A violation of section 2903.01, 2903.02, 2903.03,	3325
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3326
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3327
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3328
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3329
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3330
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3331
2925.06, or 3716.11 of the Revised Code, felonious sexual	3332
penetration in violation of former section 2907.12 of the Revised	3333
Code, a violation of section 2905.04 of the Revised Code as it	3334
existed prior to July 1, 1996, a violation of section 2919.23 of	3335
the Revised Code that would have been a violation of section	3336
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3337
had the violation been committed prior to that date, or a	3338
violation of section 2925.11 of the Revised Code that is not a	3339
minor drug possession offense;	3340

(b) A violation of an existing or former law of this state,	3341
any other state, or the United States that is substantially	3342
equivalent to any of the offenses listed in division (A)(1)(a) of	3343
this section;	3344

(c) If the request is made pursuant to section 3319.39 of the	3345
Revised Code for an applicant who is a teacher, any offense	3346
specified in section 3319.31 of the Revised Code.	3347

(2) On receipt of a request pursuant to section 3712.09 or	3348
3721.121 of the Revised Code, a completed form prescribed pursuant	3349
to division (C)(1) of this section, and a set of fingerprint	3350
impressions obtained in the manner described in division (C)(2) of	3351
this section, the superintendent of the bureau of criminal	3352
identification and investigation shall conduct a criminal records	3353
check with respect to any person who has applied for employment in	3354
a position for which a criminal records check is required by those	3355
sections. The superintendent shall conduct the criminal records	3356
check in the manner described in division (B) of this section to	3357
determine whether any information exists that indicates that the	3358
person who is the subject of the request previously has been	3359
convicted of or pleaded guilty to any of the following:	3360

(a) A violation of section 2903.01, 2903.02, 2903.03,	3361
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3362
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3363
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3364
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3365
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3366
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3367
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3368
2925.22, 2925.23, or 3716.11 of the Revised Code;	3369

(b) An existing or former law of this state, any other state,	3370
or the United States that is substantially equivalent to any of	3371
the offenses listed in division (A)(2)(a) of this section.	3372

(3) On receipt of a request pursuant to section 173.27,	3373
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3374
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3375
completed form prescribed pursuant to division (C)(1) of this	3376
section, and a set of fingerprint impressions obtained in the	3377
manner described in division (C)(2) of this section, the	3378
superintendent of the bureau of criminal identification and	3379
investigation shall conduct a criminal records check of the person	3380
for whom the request is made. The superintendent shall conduct the	3381
criminal records check in the manner described in division (B) of	3382
this section to determine whether any information exists that	3383
indicates that the person who is the subject of the request	3384
previously has been convicted of, has pleaded guilty to, or	3385
(except in the case of a request pursuant to section 5164.34,	3386
5164.341, or 5164.342 of the Revised Code) has been found eligible	3387
for intervention in lieu of conviction for any of the following,	3388
regardless of the date of the conviction, the date of entry of the	3389
guilty plea, or (except in the case of a request pursuant to	3390
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3391
date the person was found eligible for intervention in lieu of	3392
conviction:	3393

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3394
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3395
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3396
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3397
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3398
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3399
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3400
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3401
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3402
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3403
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3404
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3405
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3406
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3407
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3408
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3409
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3410
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3411
2927.12, or 3716.11 of the Revised Code;	3412

(b) Felonious sexual penetration in violation of former	3413
section 2907.12 of the Revised Code;	3414

(c) A violation of section 2905.04 of the Revised Code as it	3415
existed prior to July 1, 1996;	3416

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3417
the Revised Code when the underlying offense that is the object of	3418
the conspiracy, attempt, or complicity is one of the offenses	3419
listed in divisions (A)(3)(a) to (c) of this section;	3420

(e) A violation of an existing or former municipal ordinance	3421
or law of this state, any other state, or the United States that	3422
is substantially equivalent to any of the offenses listed in	3423
divisions (A)(3)(a) to (d) of this section.	3424

(4) On receipt of a request pursuant to section 2151.86 of	3425
the Revised Code, a completed form prescribed pursuant to division	3426
(C)(1) of this section, and a set of fingerprint impressions	3427
obtained in the manner described in division (C)(2) of this	3428
section, the superintendent of the bureau of criminal	3429
identification and investigation shall conduct a criminal records	3430
check in the manner described in division (B) of this section to	3431
determine whether any information exists that indicates that the	3432
person who is the subject of the request previously has been	3433
convicted of or pleaded guilty to any of the following:	3434

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3435
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3436
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3437
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3438
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3439
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3440
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3441
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3442
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3443
of the Revised Code, a violation of section 2905.04 of the Revised	3444
Code as it existed prior to July 1, 1996, a violation of section	3445
2919.23 of the Revised Code that would have been a violation of	3446
section 2905.04 of the Revised Code as it existed prior to July 1,	3447
1996, had the violation been committed prior to that date, a	3448
violation of section 2925.11 of the Revised Code that is not a	3449
minor drug possession offense, two or more OVI or OVUAC violations	3450
committed within the three years immediately preceding the	3451
submission of the application or petition that is the basis of the	3452
request, or felonious sexual penetration in violation of former	3453
section 2907.12 of the Revised Code;	3454

(b) A violation of an existing or former law of this state,	3455
any other state, or the United States that is substantially	3456
equivalent to any of the offenses listed in division (A)(4)(a) of	3457
this section.	3458

(5) Upon receipt of a request pursuant to section 5104.012 or	3459
5104.013 of the Revised Code, a completed form prescribed pursuant	3460
to division (C)(1) of this section, and a set of fingerprint	3461
impressions obtained in the manner described in division (C)(2) of	3462
this section, the superintendent of the bureau of criminal	3463
identification and investigation shall conduct a criminal records	3464
check in the manner described in division (B) of this section to	3465
determine whether any information exists that indicates that the	3466
person who is the subject of the request has been convicted of or	3467
pleaded guilty to any of the following:	3468

(a) A violation of section 2903.01, 2903.02, 2903.03,	3469
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3470
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3471
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3472
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3473
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3474
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3475
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3476
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3477
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3478
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3479
3716.11 of the Revised Code, felonious sexual penetration in	3480
violation of former section 2907.12 of the Revised Code, a	3481
violation of section 2905.04 of the Revised Code as it existed	3482
prior to July 1, 1996, a violation of section 2919.23 of the	3483
Revised Code that would have been a violation of section 2905.04	3484
of the Revised Code as it existed prior to July 1, 1996, had the	3485
violation been committed prior to that date, a violation of	3486
section 2925.11 of the Revised Code that is not a minor drug	3487
possession offense, a violation of section 2923.02 or 2923.03 of	3488
the Revised Code that relates to a crime specified in this	3489
division, or a second violation of section 4511.19 of the Revised	3490
Code within five years of the date of application for licensure or	3491
certification.	3492

(b) A violation of an existing or former law of this state,	3493
any other state, or the United States that is substantially	3494
equivalent to any of the offenses or violations described in	3495
division (A)(5)(a) of this section.	3496

(6) Upon receipt of a request pursuant to section 5153.111 of	3497
the Revised Code, a completed form prescribed pursuant to division	3498
(C)(1) of this section, and a set of fingerprint impressions	3499
obtained in the manner described in division (C)(2) of this	3500
section, the superintendent of the bureau of criminal	3501
identification and investigation shall conduct a criminal records	3502
check in the manner described in division (B) of this section to	3503
determine whether any information exists that indicates that the	3504
person who is the subject of the request previously has been	3505
convicted of or pleaded guilty to any of the following:	3506

(a) A violation of section 2903.01, 2903.02, 2903.03,	3507
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3508
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3509
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3510
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3511
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3512
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3513
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3514
felonious sexual penetration in violation of former section	3515
2907.12 of the Revised Code, a violation of section 2905.04 of the	3516
Revised Code as it existed prior to July 1, 1996, a violation of	3517
section 2919.23 of the Revised Code that would have been a	3518
violation of section 2905.04 of the Revised Code as it existed	3519
prior to July 1, 1996, had the violation been committed prior to	3520
that date, or a violation of section 2925.11 of the Revised Code	3521
that is not a minor drug possession offense;	3522

(b) A violation of an existing or former law of this state,	3523
any other state, or the United States that is substantially	3524
equivalent to any of the offenses listed in division (A)(6)(a) of	3525
this section.	3526

(7) On receipt of a request for a criminal records check from	3527
an individual pursuant to section 4749.03 or 4749.06 of the	3528
Revised Code, accompanied by a completed copy of the form	3529
prescribed in division (C)(1) of this section and a set of	3530
fingerprint impressions obtained in a manner described in division	3531
(C)(2) of this section, the superintendent of the bureau of	3532
criminal identification and investigation shall conduct a criminal	3533
records check in the manner described in division (B) of this	3534
section to determine whether any information exists indicating	3535
that the person who is the subject of the request has been	3536
convicted of or pleaded guilty to a felony in this state or in any	3537
other state. If the individual indicates that a firearm will be	3538
carried in the course of business, the superintendent shall	3539
require information from the federal bureau of investigation as	3540
described in division (B)(2) of this section. Subject to division	3541
(F) of this section, the superintendent shall report the findings	3542
of the criminal records check and any information the federal	3543
bureau of investigation provides to the director of public safety.	3544

(8) On receipt of a request pursuant to section 1321.37,	3545
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3546
Code, a completed form prescribed pursuant to division (C)(1) of	3547
this section, and a set of fingerprint impressions obtained in the	3548
manner described in division (C)(2) of this section, the	3549
superintendent of the bureau of criminal identification and	3550
investigation shall conduct a criminal records check with respect	3551
to any person who has applied for a license, permit, or	3552
certification from the department of commerce or a division in the	3553
department. The superintendent shall conduct the criminal records	3554
check in the manner described in division (B) of this section to	3555
determine whether any information exists that indicates that the	3556
person who is the subject of the request previously has been	3557
convicted of or pleaded guilty to any of the following: a	3558
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3559
2925.03 of the Revised Code; any other criminal offense involving	3560
theft, receiving stolen property, embezzlement, forgery, fraud,	3561
passing bad checks, money laundering, or drug trafficking, or any	3562
criminal offense involving money or securities, as set forth in	3563
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3564
the Revised Code; or any existing or former law of this state, any	3565
other state, or the United States that is substantially equivalent	3566
to those offenses.	3567

(9) On receipt of a request for a criminal records check from	3568
the treasurer of state under section 113.041 of the Revised Code	3569
or from an individual under section 4701.08, 4715.101, 4717.061,	3570
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3571
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3572
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3573
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3574
4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by	3575
a completed form prescribed under division (C)(1) of this section	3576
and a set of fingerprint impressions obtained in the manner	3577
described in division (C)(2) of this section, the superintendent	3578
of the bureau of criminal identification and investigation shall	3579
conduct a criminal records check in the manner described in	3580
division (B) of this section to determine whether any information	3581
exists that indicates that the person who is the subject of the	3582
request has been convicted of or pleaded guilty to any criminal	3583
offense in this state or any other state. Subject to division (F)	3584
of this section, the superintendent shall send the results of a	3585
check requested under section 113.041 of the Revised Code to the	3586
treasurer of state and shall send the results of a check requested	3587
under any of the other listed sections to the licensing board	3588
specified by the individual in the request.	3589

(10) On receipt of a request pursuant to section 1121.23,	3590
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3591
Code, a completed form prescribed pursuant to division (C)(1) of	3592
this section, and a set of fingerprint impressions obtained in the	3593
manner described in division (C)(2) of this section, the	3594
superintendent of the bureau of criminal identification and	3595
investigation shall conduct a criminal records check in the manner	3596
described in division (B) of this section to determine whether any	3597
information exists that indicates that the person who is the	3598
subject of the request previously has been convicted of or pleaded	3599
guilty to any criminal offense under any existing or former law of	3600
this state, any other state, or the United States.	3601

(11) On receipt of a request for a criminal records check	3602
from an appointing or licensing authority under section 3772.07 of	3603
the Revised Code, a completed form prescribed under division	3604
(C)(1) of this section, and a set of fingerprint impressions	3605
obtained in the manner prescribed in division (C)(2) of this	3606
section, the superintendent of the bureau of criminal	3607
identification and investigation shall conduct a criminal records	3608
check in the manner described in division (B) of this section to	3609
determine whether any information exists that indicates that the	3610
person who is the subject of the request previously has been	3611
convicted of or pleaded guilty or no contest to any offense under	3612
any existing or former law of this state, any other state, or the	3613
United States that is a disqualifying offense as defined in	3614
section 3772.07 of the Revised Code or substantially equivalent to	3615
such an offense.	3616

(12) On receipt of a request pursuant to section 2151.33 or	3617
2151.412 of the Revised Code, a completed form prescribed pursuant	3618
to division (C)(1) of this section, and a set of fingerprint	3619
impressions obtained in the manner described in division (C)(2) of	3620
this section, the superintendent of the bureau of criminal	3621
identification and investigation shall conduct a criminal records	3622
check with respect to any person for whom a criminal records check	3623
is required by that section. The superintendent shall conduct the	3624
criminal records check in the manner described in division (B) of	3625
this section to determine whether any information exists that	3626
indicates that the person who is the subject of the request	3627
previously has been convicted of or pleaded guilty to any of the	3628
following:	3629

(a) A violation of section 2903.01, 2903.02, 2903.03,	3630
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3631
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3632
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3633
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3634
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3635
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3636
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3637
2925.22, 2925.23, or 3716.11 of the Revised Code;	3638

(b) An existing or former law of this state, any other state,	3639
or the United States that is substantially equivalent to any of	3640
the offenses listed in division (A)(12)(a) of this section.	3641

(B) Subject to division (F) of this section, the	3642
superintendent shall conduct any criminal records check to be	3643
conducted under this section as follows:	3644

(1) The superintendent shall review or cause to be reviewed	3645
any relevant information gathered and compiled by the bureau under	3646
division (A) of section 109.57 of the Revised Code that relates to	3647
the person who is the subject of the criminal records check,	3648
including, if the criminal records check was requested under	3649
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3650
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3651
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3652
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3653
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3654
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3655
information contained in records that have been sealed under	3656
section 2953.32 of the Revised Code;	3657

(2) If the request received by the superintendent asks for	3658
information from the federal bureau of investigation, the	3659
superintendent shall request from the federal bureau of	3660
investigation any information it has with respect to the person	3661
who is the subject of the criminal records check, including	3662
fingerprint-based checks of national crime information databases	3663
as described in 42 U.S.C. 671 if the request is made pursuant to	3664
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3665
any other Revised Code section requires fingerprint-based checks	3666
of that nature, and shall review or cause to be reviewed any	3667
information the superintendent receives from that bureau. If a	3668
request under section 3319.39 of the Revised Code asks only for	3669
information from the federal bureau of investigation, the	3670
superintendent shall not conduct the review prescribed by division	3671
(B)(1) of this section.	3672

(3) The superintendent or the superintendent's designee may	3673
request criminal history records from other states or the federal	3674
government pursuant to the national crime prevention and privacy	3675
compact set forth in section 109.571 of the Revised Code.	3676

(4) The superintendent shall include in the results of the	3677
criminal records check a list or description of the offenses	3678
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3679
(7), (8), (9), (10), (11), or (12) of this section, whichever	3680
division requires the superintendent to conduct the criminal	3681
records check. The superintendent shall exclude from the results	3682
any information the dissemination of which is prohibited by	3683
federal law.	3684

(5) The superintendent shall send the results of the criminal	3685
records check to the person to whom it is to be sent not later	3686
than the following number of days after the date the	3687
superintendent receives the request for the criminal records	3688
check, the completed form prescribed under division (C)(1) of this	3689
section, and the set of fingerprint impressions obtained in the	3690
manner described in division (C)(2) of this section:	3691

(a) If the superintendent is required by division (A) of this	3692
section (other than division (A)(3) of this section) to conduct	3693
the criminal records check, thirty;	3694

(b) If the superintendent is required by division (A)(3) of	3695
this section to conduct the criminal records check, sixty.	3696

(C)(1) The superintendent shall prescribe a form to obtain	3697
the information necessary to conduct a criminal records check from	3698
any person for whom a criminal records check is to be conducted	3699
under this section. The form that the superintendent prescribes	3700
pursuant to this division may be in a tangible format, in an	3701
electronic format, or in both tangible and electronic formats.	3702

(2) The superintendent shall prescribe standard impression	3703
sheets to obtain the fingerprint impressions of any person for	3704
whom a criminal records check is to be conducted under this	3705
section. Any person for whom a records check is to be conducted	3706
under this section shall obtain the fingerprint impressions at a	3707
county sheriff's office, municipal police department, or any other	3708
entity with the ability to make fingerprint impressions on the	3709
standard impression sheets prescribed by the superintendent. The	3710
office, department, or entity may charge the person a reasonable	3711
fee for making the impressions. The standard impression sheets the	3712
superintendent prescribes pursuant to this division may be in a	3713
tangible format, in an electronic format, or in both tangible and	3714
electronic formats.	3715

(3) Subject to division (D) of this section, the	3716
superintendent shall prescribe and charge a reasonable fee for	3717
providing a criminal records check under this section. The person	3718
requesting the criminal records check shall pay the fee prescribed	3719
pursuant to this division. In the case of a request under section	3720
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3721
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3722
be paid in the manner specified in that section.	3723

(4) The superintendent of the bureau of criminal	3724
identification and investigation may prescribe methods of	3725
forwarding fingerprint impressions and information necessary to	3726
conduct a criminal records check, which methods shall include, but	3727
not be limited to, an electronic method.	3728

(D) The results of a criminal records check conducted under	3729
this section, other than a criminal records check specified in	3730
division (A)(7) of this section, are valid for the person who is	3731
the subject of the criminal records check for a period of one year	3732
from the date upon which the superintendent completes the criminal	3733
records check. If during that period the superintendent receives	3734
another request for a criminal records check to be conducted under	3735
this section for that person, the superintendent shall provide the	3736
results from the previous criminal records check of the person at	3737
a lower fee than the fee prescribed for the initial criminal	3738
records check.	3739

(E) When the superintendent receives a request for	3740
information from a registered private provider, the superintendent	3741
shall proceed as if the request was received from a school	3742
district board of education under section 3319.39 of the Revised	3743
Code. The superintendent shall apply division (A)(1)(c) of this	3744
section to any such request for an applicant who is a teacher.	3745

(F)(1) All information regarding the results of a criminal	3746
records check conducted under this section that the superintendent	3747
reports or sends under division (A)(7) or (9) of this section to	3748
the director of public safety, the treasurer of state, or the	3749
person, board, or entity that made the request for the criminal	3750
records check shall relate to the conviction of the subject	3751
person, or the subject person's plea of guilty to, a criminal	3752
offense.	3753

(2) Division (F)(1) of this section does not limit, restrict,	3754
or preclude the superintendent's release of information that	3755
relates to an adjudication of a child as a delinquent child, or	3756
that relates to a criminal conviction of a person under eighteen	3757
years of age if the person's case was transferred back to a	3758
juvenile court under division (B)(2) or (3) of section 2152.121 of	3759
the Revised Code and the juvenile court imposed a disposition or	3760
serious youthful offender disposition upon the person under either	3761
division, if either of the following applies with respect to the	3762
adjudication or conviction:	3763

(a) The adjudication or conviction was for a violation of	3764
section 2903.01 or 2903.02 of the Revised Code.	3765

(b) The adjudication or conviction was for a sexually	3766
oriented offense, as defined in section 2950.01 of the Revised	3767
Code, the juvenile court was required to classify the child a	3768
juvenile offender registrant for that offense under section	3769
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3770
classification has not been removed.	3771

(G) As used in this section:

3772

(1) "Criminal records check" means any criminal records check	3773
conducted by the superintendent of the bureau of criminal	3774
identification and investigation in accordance with division (B)	3775
of this section.	3776

(2) "Minor drug possession offense" has the same meaning as	3777
in section 2925.01 of the Revised Code.	3778

(3) "OVI or OVUAC violation" means a violation of section	3779
4511.19 of the Revised Code or a violation of an existing or	3780
former law of this state, any other state, or the United States	3781
that is substantially equivalent to section 4511.19 of the Revised	3782
Code.	3783

(4) "Registered private provider" means a nonpublic school or	3784
entity registered with the superintendent of public instruction	3785
under section 3310.41 of the Revised Code to participate in the	3786
autism scholarship program or section 3310.58 of the Revised Code	3787
to participate in the Jon Peterson special needs scholarship	3788
program.	3789

Sec. 109.71. There is hereby created in the office of the	3790
attorney general the Ohio peace officer training commission. The	3791
commission shall consist of nine members appointed by the governor	3792
with the advice and consent of the senate and selected as follows:	3793
one member representing the public; two members who are incumbent	3794
sheriffs; two members who are incumbent chiefs of police; one	3795
member from the bureau of criminal identification and	3796
investigation; one member from the state highway patrol; one	3797
member who is the special agent in charge of a field office of the	3798
federal bureau of investigation in this state; and one member from	3799
the department of education, trade and industrial education	3800
services, law enforcement training.	3801

This section does not confer any arrest authority or any	3802
ability or authority to detain a person, write or issue any	3803
citation, or provide any disposition alternative, as granted under	3804
Chapter 2935. of the Revised Code.	3805

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

3806

(A) "Peace officer" means:

3807

(1) A deputy sheriff, marshal, deputy marshal, member of the	3808
organized police department of a township or municipal	3809
corporation, member of a township police district or joint police	3810
district police force, member of a police force employed by a	3811
metropolitan housing authority under division (D) of section	3812
3735.31 of the Revised Code, or township constable, who is	3813
commissioned and employed as a peace officer by a political	3814
subdivision of this state or by a metropolitan housing authority,	3815
and whose primary duties are to preserve the peace, to protect	3816
life and property, and to enforce the laws of this state,	3817
ordinances of a municipal corporation, resolutions of a township,	3818
or regulations of a board of county commissioners or board of	3819
township trustees, or any of those laws, ordinances, resolutions,	3820
or regulations;	3821

(2) A police officer who is employed by a railroad company	3822
and appointed and commissioned by the secretary of state pursuant	3823
to sections 4973.17 to 4973.22 of the Revised Code;	3824

(3) Employees of the department of taxation engaged in the	3825
enforcement of Chapter 5743. of the Revised Code and designated by	3826
the tax commissioner for peace officer training for purposes of	3827
the delegation of investigation powers under section 5743.45 of	3828
the Revised Code;	3829

(4) An undercover drug agent;

3830

(5) Enforcement agents of the department of public safety	3831
whom the director of public safety designates under section	3832
5502.14 of the Revised Code;	3833

(6) An employee of the department of natural resources who is	3834
a natural resources law enforcement staff officer designated	3835
pursuant to section 1501.013, a park officer designated pursuant	3836
to section 1541.10, a forest officer designated pursuant to	3837
section 1503.29, a preserve officer designated pursuant to section	3838
1517.10, a wildlife officer designated pursuant to section	3839
1531.13, or a state watercraft officer designated pursuant to	3840
section 1547.521 of the Revised Code;	3841

(7) An employee of a park district who is designated pursuant	3842
to section 511.232 or 1545.13 of the Revised Code;	3843

(8) An employee of a conservancy district who is designated	3844
pursuant to section 6101.75 of the Revised Code;	3845

(9) A police officer who is employed by a hospital that	3846
employs and maintains its own proprietary police department or	3847
security department, and who is appointed and commissioned by the	3848
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3849
Revised Code;	3850

(10) Veterans' homes police officers designated under section	3851
5907.02 of the Revised Code;	3852

(11) A police officer who is employed by a qualified	3853
nonprofit corporation police department pursuant to section	3854
1702.80 of the Revised Code;	3855

(12) A state university law enforcement officer appointed	3856
under section 3345.04 of the Revised Code or a person serving as a	3857
state university law enforcement officer on a permanent basis on	3858
June 19, 1978, who has been awarded a certificate by the executive	3859
director of the Ohio peace officer training commission attesting	3860
to the person's satisfactory completion of an approved state,	3861
county, municipal, or department of natural resources peace	3862
officer basic training program;	3863

(13) A special police officer employed by the department of	3864
~~mental health~~mental health and addiction services pursuant to	3865
section ~~5119.14~~5119.08 of the Revised Code or the department of	3866
developmental disabilities pursuant to section 5123.13 of the	3867
Revised Code;	3868

(14) A member of a campus police department appointed under	3869
section 1713.50 of the Revised Code;	3870

(15) A member of a police force employed by a regional	3871
transit authority under division (Y) of section 306.35 of the	3872
Revised Code;	3873

(16) Investigators appointed by the auditor of state pursuant	3874
to section 117.091 of the Revised Code and engaged in the	3875
enforcement of Chapter 117. of the Revised Code;	3876

(17) A special police officer designated by the	3877
superintendent of the state highway patrol pursuant to section	3878
5503.09 of the Revised Code or a person who was serving as a	3879
special police officer pursuant to that section on a permanent	3880
basis on October 21, 1997, and who has been awarded a certificate	3881
by the executive director of the Ohio peace officer training	3882
commission attesting to the person's satisfactory completion of an	3883
approved state, county, municipal, or department of natural	3884
resources peace officer basic training program;	3885

(18) A special police officer employed by a port authority	3886
under section 4582.04 or 4582.28 of the Revised Code or a person	3887
serving as a special police officer employed by a port authority	3888
on a permanent basis on May 17, 2000, who has been awarded a	3889
certificate by the executive director of the Ohio peace officer	3890
training commission attesting to the person's satisfactory	3891
completion of an approved state, county, municipal, or department	3892
of natural resources peace officer basic training program;	3893

(19) A special police officer employed by a municipal	3894
corporation who has been awarded a certificate by the executive	3895
director of the Ohio peace officer training commission for	3896
satisfactory completion of an approved peace officer basic	3897
training program and who is employed on a permanent basis on or	3898
after March 19, 2003, at a municipal airport, or other municipal	3899
air navigation facility, that has scheduled operations, as defined	3900
in section 119.3 of Title 14 of the Code of Federal Regulations,	3901
14 C.F.R. 119.3, as amended, and that is required to be under a	3902
security program and is governed by aviation security rules of the	3903
transportation security administration of the United States	3904
department of transportation as provided in Parts 1542. and 1544.	3905
of Title 49 of the Code of Federal Regulations, as amended;	3906

(20) A police officer who is employed by an owner or operator	3907
of an amusement park that has an average yearly attendance in	3908
excess of six hundred thousand guests and that employs and	3909
maintains its own proprietary police department or security	3910
department, and who is appointed and commissioned by a judge of	3911
the appropriate municipal court or county court pursuant to	3912
section 4973.17 of the Revised Code;	3913

(21) A police officer who is employed by a bank, savings and	3914
loan association, savings bank, credit union, or association of	3915
banks, savings and loan associations, savings banks, or credit	3916
unions, who has been appointed and commissioned by the secretary	3917
of state pursuant to sections 4973.17 to 4973.22 of the Revised	3918
Code, and who has been awarded a certificate by the executive	3919
director of the Ohio peace officer training commission attesting	3920
to the person's satisfactory completion of a state, county,	3921
municipal, or department of natural resources peace officer basic	3922
training program;	3923

(22) An investigator, as defined in section 109.541 of the	3924
Revised Code, of the bureau of criminal identification and	3925
investigation who is commissioned by the superintendent of the	3926
bureau as a special agent for the purpose of assisting law	3927
enforcement officers or providing emergency assistance to peace	3928
officers pursuant to authority granted under that section;	3929

(23) A state fire marshal law enforcement officer appointed	3930
under section 3737.22 of the Revised Code or a person serving as a	3931
state fire marshal law enforcement officer on a permanent basis on	3932
or after July 1, 1982, who has been awarded a certificate by the	3933
executive director of the Ohio peace officer training commission	3934
attesting to the person's satisfactory completion of an approved	3935
state, county, municipal, or department of natural resources peace	3936
officer basic training program;	3937

(24) A gaming agent employed under section 3772.03 of the	3938
Revised Code.	3939

(25) A deputy inspector general appointed under section	3940
121.48 of the Revised Code who has been awarded a certificate by	3941
the executive director of the Ohio peace officer training	3942
commission attesting to the person's satisfactory completion of an	3943
approved state, county, or municipal peace officer basic training	3944
program.	3945

(B) "Undercover drug agent" has the same meaning as in	3946
division (B)(2) of section 109.79 of the Revised Code.	3947

(C) "Crisis intervention training" means training in the use	3948
of interpersonal and communication skills to most effectively and	3949
sensitively interview victims of rape.	3950

(D) "Missing children" has the same meaning as in section	3951
2901.30 of the Revised Code.	3952

Sec. 109.746. (A) The attorney general may prepare public	3953
awareness programs that are designed to educate potential victims	3954
of violations of section 2905.32 of the Revised Code and their	3955
families of the risks of becoming a victim of a violation of that	3956
section. The attorney general may prepare these programs with	3957
assistance from the department of health, the department of ~~mental~~	3958
~~health~~mental health and addiction services, the department of job	3959
and family services~~, the department of alcohol and drug addiction~~	3960
~~services~~, and the department of education.	3961

(B) Any organization, person, or other governmental agency	3962
with an interest and expertise in trafficking in persons may	3963
submit information or materials to the attorney general regarding	3964
the preparation of the programs and materials permitted under this	3965
section. The attorney general, in developing the programs and	3966
materials permitted by this section, shall consider any	3967
information submitted pursuant to this division.	3968

Sec. 109.77. (A) As used in this section, "felony" has the	3969
same meaning as in section 109.511 of the Revised Code.	3970

(B)(1) Notwithstanding any general, special, or local law or	3971
charter to the contrary, and except as otherwise provided in this	3972
section, no person shall receive an original appointment on a	3973
permanent basis as any of the following unless the person	3974
previously has been awarded a certificate by the executive	3975
director of the Ohio peace officer training commission attesting	3976
to the person's satisfactory completion of an approved state,	3977
county, municipal, or department of natural resources peace	3978
officer basic training program:	3979

(a) A peace officer of any county, township, municipal	3980
corporation, regional transit authority, or metropolitan housing	3981
authority;	3982

(b) A natural resources law enforcement staff officer, park	3983
officer, forest officer, preserve officer, wildlife officer, or	3984
state watercraft officer of the department of natural resources;	3985

(c) An employee of a park district under section 511.232 or	3986
1545.13 of the Revised Code;	3987

(d) An employee of a conservancy district who is designated	3988
pursuant to section 6101.75 of the Revised Code;	3989

(e) A state university law enforcement officer;

3990

(f) A special police officer employed by the department of	3991
~~mental health~~mental health and addiction services pursuant to	3992
section ~~5119.14~~5119.08 of the Revised Code or the department of	3993
developmental disabilities pursuant to section 5123.13 of the	3994
Revised Code;	3995

(g) An enforcement agent of the department of public safety	3996
whom the director of public safety designates under section	3997
5502.14 of the Revised Code;	3998

(h) A special police officer employed by a port authority	3999
under section 4582.04 or 4582.28 of the Revised Code;	4000

(i) A special police officer employed by a municipal	4001
corporation at a municipal airport, or other municipal air	4002
navigation facility, that has scheduled operations, as defined in	4003
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4004
C.F.R. 119.3, as amended, and that is required to be under a	4005
security program and is governed by aviation security rules of the	4006
transportation security administration of the United States	4007
department of transportation as provided in Parts 1542. and 1544.	4008
of Title 49 of the Code of Federal Regulations, as amended;	4009

(j) A gaming agent employed under section 3772.03 of the	4010
Revised Code.	4011

(2) Every person who is appointed on a temporary basis or for	4012
a probationary term or on other than a permanent basis as any of	4013
the following shall forfeit the appointed position unless the	4014
person previously has completed satisfactorily or, within the time	4015
prescribed by rules adopted by the attorney general pursuant to	4016
section 109.74 of the Revised Code, satisfactorily completes a	4017
state, county, municipal, or department of natural resources peace	4018
officer basic training program for temporary or probationary	4019
officers and is awarded a certificate by the director attesting to	4020
the satisfactory completion of the program:	4021

(a) A peace officer of any county, township, municipal	4022
corporation, regional transit authority, or metropolitan housing	4023
authority;	4024

(b) A natural resources law enforcement staff officer, park	4025
officer, forest officer, preserve officer, wildlife officer, or	4026
state watercraft officer of the department of natural resources;	4027

(c) An employee of a park district under section 511.232 or	4028
1545.13 of the Revised Code;	4029

(d) An employee of a conservancy district who is designated	4030
pursuant to section 6101.75 of the Revised Code;	4031

(e) A special police officer employed by the department of	4032
~~mental health~~mental health and addiction services pursuant to	4033
section ~~5119.14~~5119.08 of the Revised Code or the department of	4034
developmental disabilities pursuant to section 5123.13 of the	4035
Revised Code;	4036

(f) An enforcement agent of the department of public safety	4037
whom the director of public safety designates under section	4038
5502.14 of the Revised Code;	4039

(g) A special police officer employed by a port authority	4040
under section 4582.04 or 4582.28 of the Revised Code;	4041

(h) A special police officer employed by a municipal	4042
corporation at a municipal airport, or other municipal air	4043
navigation facility, that has scheduled operations, as defined in	4044
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4045
C.F.R. 119.3, as amended, and that is required to be under a	4046
security program and is governed by aviation security rules of the	4047
transportation security administration of the United States	4048
department of transportation as provided in Parts 1542. and 1544.	4049
of Title 49 of the Code of Federal Regulations, as amended.	4050

(3) For purposes of division (B) of this section, a state,	4051
county, municipal, or department of natural resources peace	4052
officer basic training program, regardless of whether the program	4053
is to be completed by peace officers appointed on a permanent or	4054
temporary, probationary, or other nonpermanent basis, shall	4055
include training in the handling of the offense of domestic	4056
violence, other types of domestic violence-related offenses and	4057
incidents, and protection orders and consent agreements issued or	4058
approved under section 2919.26 or 3113.31 of the Revised Code and	4059
crisis intervention training. The requirement to complete training	4060
in the handling of the offense of domestic violence, other types	4061
of domestic violence-related offenses and incidents, and	4062
protection orders and consent agreements issued or approved under	4063
section 2919.26 or 3113.31 of the Revised Code does not apply to	4064
any person serving as a peace officer on March 27, 1979, and the	4065
requirement to complete training in crisis intervention does not	4066
apply to any person serving as a peace officer on April 4, 1985.	4067
Any person who is serving as a peace officer on April 4, 1985, who	4068
terminates that employment after that date, and who subsequently	4069
is hired as a peace officer by the same or another law enforcement	4070
agency shall complete training in crisis intervention as	4071
prescribed by rules adopted by the attorney general pursuant to	4072
section 109.742 of the Revised Code. No peace officer shall have	4073
employment as a peace officer terminated and then be reinstated	4074
with intent to circumvent this section.	4075

(4) Division (B) of this section does not apply to any person	4076
serving on a permanent basis on March 28, 1985, as a park officer,	4077
forest officer, preserve officer, wildlife officer, or state	4078
watercraft officer of the department of natural resources or as an	4079
employee of a park district under section 511.232 or 1545.13 of	4080
the Revised Code, to any person serving on a permanent basis on	4081
March 6, 1986, as an employee of a conservancy district designated	4082
pursuant to section 6101.75 of the Revised Code, to any person	4083
serving on a permanent basis on January 10, 1991, as a preserve	4084
officer of the department of natural resources, to any person	4085
employed on a permanent basis on July 2, 1992, as a special police	4086
officer by the department of ~~mental health~~mental health and	4087
addiction services pursuant to section ~~5119.14~~5119.08 of the	4088
Revised Code or by the department of developmental disabilities	4089
pursuant to section 5123.13 of the Revised Code, to any person	4090
serving on a permanent basis on May 17, 2000, as a special police	4091
officer employed by a port authority under section 4582.04 or	4092
4582.28 of the Revised Code, to any person serving on a permanent	4093
basis on March 19, 2003, as a special police officer employed by a	4094
municipal corporation at a municipal airport or other municipal	4095
air navigation facility described in division (A)(19) of section	4096
109.71 of the Revised Code, to any person serving on a permanent	4097
basis on June 19, 1978, as a state university law enforcement	4098
officer pursuant to section 3345.04 of the Revised Code and who,	4099
immediately prior to June 19, 1978, was serving as a special	4100
police officer designated under authority of that section, or to	4101
any person serving on a permanent basis on September 20, 1984, as	4102
a liquor control investigator, known after June 30, 1999, as an	4103
enforcement agent of the department of public safety, engaged in	4104
the enforcement of Chapters 4301. and 4303. of the Revised Code.	4105

(5) Division (B) of this section does not apply to any person	4106
who is appointed as a regional transit authority police officer	4107
pursuant to division (Y) of section 306.35 of the Revised Code if,	4108
on or before July 1, 1996, the person has completed satisfactorily	4109
an approved state, county, municipal, or department of natural	4110
resources peace officer basic training program and has been	4111
awarded a certificate by the executive director of the Ohio peace	4112
officer training commission attesting to the person's satisfactory	4113
completion of such an approved program and if, on July 1, 1996,	4114
the person is performing peace officer functions for a regional	4115
transit authority.	4116

(C) No person, after September 20, 1984, shall receive an	4117
original appointment on a permanent basis as a veterans' home	4118
police officer designated under section 5907.02 of the Revised	4119
Code unless the person previously has been awarded a certificate	4120
by the executive director of the Ohio peace officer training	4121
commission attesting to the person's satisfactory completion of an	4122
approved police officer basic training program. Every person who	4123
is appointed on a temporary basis or for a probationary term or on	4124
other than a permanent basis as a veterans' home police officer	4125
designated under section 5907.02 of the Revised Code shall forfeit	4126
that position unless the person previously has completed	4127
satisfactorily or, within one year from the time of appointment,	4128
satisfactorily completes an approved police officer basic training	4129
program.	4130

(D) No bailiff or deputy bailiff of a court of record of this	4131
state and no criminal investigator who is employed by the state	4132
public defender shall carry a firearm, as defined in section	4133
2923.11 of the Revised Code, while on duty unless the bailiff,	4134
deputy bailiff, or criminal investigator has done or received one	4135
of the following:	4136

(1) Has been awarded a certificate by the executive director	4137
of the Ohio peace officer training commission, which certificate	4138
attests to satisfactory completion of an approved state, county,	4139
or municipal basic training program for bailiffs and deputy	4140
bailiffs of courts of record and for criminal investigators	4141
employed by the state public defender that has been recommended by	4142
the Ohio peace officer training commission;	4143

(2) Has successfully completed a firearms training program	4144
approved by the Ohio peace officer training commission prior to	4145
employment as a bailiff, deputy bailiff, or criminal investigator;	4146

(3) Prior to June 6, 1986, was authorized to carry a firearm	4147
by the court that employed the bailiff or deputy bailiff or, in	4148
the case of a criminal investigator, by the state public defender	4149
and has received training in the use of firearms that the Ohio	4150
peace officer training commission determines is equivalent to the	4151
training that otherwise is required by division (D) of this	4152
section.	4153

(E)(1) Before a person seeking a certificate completes an	4154
approved peace officer basic training program, the executive	4155
director of the Ohio peace officer training commission shall	4156
request the person to disclose, and the person shall disclose, any	4157
previous criminal conviction of or plea of guilty of that person	4158
to a felony.	4159

(2) Before a person seeking a certificate completes an	4160
approved peace officer basic training program, the executive	4161
director shall request a criminal history records check on the	4162
person. The executive director shall submit the person's	4163
fingerprints to the bureau of criminal identification and	4164
investigation, which shall submit the fingerprints to the federal	4165
bureau of investigation for a national criminal history records	4166
check.	4167

Upon receipt of the executive director's request, the bureau	4168
of criminal identification and investigation and the federal	4169
bureau of investigation shall conduct a criminal history records	4170
check on the person and, upon completion of the check, shall	4171
provide a copy of the criminal history records check to the	4172
executive director. The executive director shall not award any	4173
certificate prescribed in this section unless the executive	4174
director has received a copy of the criminal history records check	4175
on the person to whom the certificate is to be awarded.	4176

(3) The executive director of the commission shall not award	4177
a certificate prescribed in this section to a person who has been	4178
convicted of or has pleaded guilty to a felony or who fails to	4179
disclose any previous criminal conviction of or plea of guilty to	4180
a felony as required under division (E)(1) of this section.	4181

(4) The executive director of the commission shall revoke the	4182
certificate awarded to a person as prescribed in this section, and	4183
that person shall forfeit all of the benefits derived from being	4184
certified as a peace officer under this section, if the person,	4185
before completion of an approved peace officer basic training	4186
program, failed to disclose any previous criminal conviction of or	4187
plea of guilty to a felony as required under division (E)(1) of	4188
this section.	4189

(F)(1) Regardless of whether the person has been awarded the	4190
certificate or has been classified as a peace officer prior to,	4191
on, or after October 16, 1996, the executive director of the Ohio	4192
peace officer training commission shall revoke any certificate	4193
that has been awarded to a person as prescribed in this section if	4194
the person does either of the following:	4195

(a) Pleads guilty to a felony committed on or after January	4196
1, 1997;	4197

(b) Pleads guilty to a misdemeanor committed on or after	4198
January 1, 1997, pursuant to a negotiated plea agreement as	4199
provided in division (D) of section 2929.43 of the Revised Code in	4200
which the person agrees to surrender the certificate awarded to	4201
the person under this section.	4202

(2) The executive director of the commission shall suspend	4203
any certificate that has been awarded to a person as prescribed in	4204
this section if the person is convicted, after trial, of a felony	4205
committed on or after January 1, 1997. The executive director	4206
shall suspend the certificate pursuant to division (F)(2) of this	4207
section pending the outcome of an appeal by the person from that	4208
conviction to the highest court to which the appeal is taken or	4209
until the expiration of the period in which an appeal is required	4210
to be filed. If the person files an appeal that results in that	4211
person's acquittal of the felony or conviction of a misdemeanor,	4212
or in the dismissal of the felony charge against that person, the	4213
executive director shall reinstate the certificate awarded to the	4214
person under this section. If the person files an appeal from that	4215
person's conviction of the felony and the conviction is upheld by	4216
the highest court to which the appeal is taken or if the person	4217
does not file a timely appeal, the executive director shall revoke	4218
the certificate awarded to the person under this section.	4219

(G)(1) If a person is awarded a certificate under this	4220
section and the certificate is revoked pursuant to division (E)(4)	4221
or (F) of this section, the person shall not be eligible to	4222
receive, at any time, a certificate attesting to the person's	4223
satisfactory completion of a peace officer basic training program.	4224

(2) The revocation or suspension of a certificate under	4225
division (E)(4) or (F) of this section shall be in accordance with	4226
Chapter 119. of the Revised Code.	4227

(H)(1) A person who was employed as a peace officer of a	4228
county, township, or municipal corporation of the state on January	4229
1, 1966, and who has completed at least sixteen years of full-time	4230
active service as such a peace officer, or equivalent service as	4231
determined by the executive director of the Ohio peace officer	4232
training commission, may receive an original appointment on a	4233
permanent basis and serve as a peace officer of a county,	4234
township, or municipal corporation, or as a state university law	4235
enforcement officer, without complying with the requirements of	4236
division (B) of this section.	4237

(2) Any person who held an appointment as a state highway	4238
trooper on January 1, 1966, may receive an original appointment on	4239
a permanent basis and serve as a peace officer of a county,	4240
township, or municipal corporation, or as a state university law	4241
enforcement officer, without complying with the requirements of	4242
division (B) of this section.	4243

(I) No person who is appointed as a peace officer of a	4244
county, township, or municipal corporation on or after April 9,	4245
1985, shall serve as a peace officer of that county, township, or	4246
municipal corporation unless the person has received training in	4247
the handling of missing children and child abuse and neglect cases	4248
from an approved state, county, township, or municipal police	4249
officer basic training program or receives the training within the	4250
time prescribed by rules adopted by the attorney general pursuant	4251
to section 109.741 of the Revised Code.	4252

(J) No part of any approved state, county, or municipal basic	4253
training program for bailiffs and deputy bailiffs of courts of	4254
record and no part of any approved state, county, or municipal	4255
basic training program for criminal investigators employed by the	4256
state public defender shall be used as credit toward the	4257
completion by a peace officer of any part of the approved state,	4258
county, or municipal peace officer basic training program that the	4259
peace officer is required by this section to complete	4260
satisfactorily.	4261

(K) This section does not apply to any member of the police	4262
department of a municipal corporation in an adjoining state	4263
serving in this state under a contract pursuant to section 737.04	4264
of the Revised Code.	4265

Sec. 109.85. (A) Upon the written request of the governor,	4266
the general assembly, the auditor of state, the medicaid director	4267
~~of job and family services~~, the director of health, or the	4268
director of budget and management, or upon the attorney general's	4269
becoming aware of criminal or improper activity related to Chapter	4270
3721. and the ~~medical assistance~~medicaid program ~~established~~	4271
~~under section 5111.01 of the Revised Code~~, the attorney general	4272
shall investigate any criminal or civil violation of law related	4273
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	4274
medicaid program.	4275

(B) When it appears to the attorney general, as a result of	4276
an investigation under division (A) of this section, that there is	4277
cause to prosecute for the commission of a crime or to pursue a	4278
civil remedy, the attorney general may refer the evidence to the	4279
prosecuting attorney having jurisdiction of the matter, or to a	4280
regular grand jury drawn and impaneled pursuant to sections	4281
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	4282
drawn and impaneled pursuant to section 2939.17 of the Revised	4283
Code, or the attorney general may initiate and prosecute any	4284
necessary criminal or civil actions in any court or tribunal of	4285
competent jurisdiction in this state. When proceeding under this	4286
section, the attorney general, and any assistant or special	4287
counsel designated by the attorney general for that purpose, have	4288
all rights, privileges, and powers of prosecuting attorneys. The	4289
attorney general shall have exclusive supervision and control of	4290
all investigations and prosecutions initiated by the attorney	4291
general under this section. The forfeiture provisions of Chapter	4292
2981. of the Revised Code apply in relation to any such criminal	4293
action initiated and prosecuted by the attorney general.	4294

(C) Nothing in this section shall prevent a county	4295
prosecuting attorney from investigating and prosecuting criminal	4296
activity related to Chapter 3721. of the Revised Code and the	4297
~~medical assistance~~medicaid program ~~established under section~~	4298
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	4299
2981. of the Revised Code apply in relation to any prosecution of	4300
criminal activity related to the ~~medical assistance~~medicaid	4301
program undertaken by the prosecuting attorney.	4302

Sec. 109.86. (A) The attorney general shall investigate any	4303
activity the attorney general has reasonable cause to believe is	4304
in violation of section 2903.34 of the Revised Code. Upon written	4305
request of the governor, the general assembly, the auditor of	4306
state, or the director of health, job and family services, aging,	4307
~~mental health~~mental health and addiction services, or	4308
developmental disabilities, the attorney general shall investigate	4309
any activity these persons believe is in violation of section	4310
2903.34 of the Revised Code. If after an investigation the	4311
attorney general has probable cause to prosecute for the	4312
commission of a crime, the attorney general shall refer the	4313
evidence to the prosecuting attorney, director of law, or other	4314
similar chief legal officer having jurisdiction over the matter.	4315
If the prosecuting attorney decides to present the evidence to a	4316
grand jury, the prosecuting attorney shall notify the attorney	4317
general in writing of the decision within thirty days after	4318
referral of the matter and shall present the evidence prior to the	4319
discharge of the next regular grand jury. If the director of law	4320
or other chief legal officer decides to prosecute the case, the	4321
director or officer shall notify the attorney general in writing	4322
of the decision within thirty days and shall initiate prosecution	4323
within sixty days after the matter was referred to the director or	4324
officer.	4325

(B) If the prosecuting attorney, director of law, or other	4326
chief legal officer fails to notify the attorney general or to	4327
present evidence or initiate prosecution in accordance with	4328
division (A) of this section, the attorney general may present the	4329
evidence to a regular grand jury drawn and impaneled pursuant to	4330
sections 2939.01 to 2939.24 of the Revised Code, or to a special	4331
grand jury drawn and impaneled pursuant to section 2939.17 of the	4332
Revised Code, or the attorney general may initiate and prosecute	4333
any action in any court or tribunal of competent jurisdiction in	4334
this state. The attorney general, and any assistant or special	4335
counsel designated by the attorney general, have all the powers of	4336
a prosecuting attorney, director of law, or other chief legal	4337
officer when proceeding under this section. Nothing in this	4338
section shall limit or prevent a prosecuting attorney, director of	4339
law, or other chief legal officer from investigating and	4340
prosecuting criminal activity committed against a resident or	4341
patient of a care facility.	4342

Sec. 109.90. (A) The attorney general shall collaborate with	4343
the state board of pharmacy and director of ~~alcohol and drug~~	4344
~~addiction services~~mental health and addiction services in the	4345
establishment and administration of a drug take-back program, as	4346
provided under section 4729.69 of the Revised Code. The office of	4347
the attorney general is solely responsible for the costs incurred	4348
in the establishment and administration of the program.	4349

(B) The attorney general may accept grants, gifts, or	4350
donations for purposes of the program. Money received under this	4351
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4352
shall be deposited into the state treasury to the credit of the	4353
drug take-back program fund, which is hereby created. Money	4354
credited to the fund shall be used solely for purposes of the	4355
program.	4356

Sec. 111.02. Before entering upon the discharge of the	4357
duties of ~~his~~ office, the secretary of state shall give a bond to	4358
the state in the sum of one hundred thousand dollars, with ~~two or~~	4359
~~more sureties approved by the governor, auditor of state, and~~	4360
~~attorney general~~a surety authorized to do business in the state,	4361
conditioned for the faithful discharge of the duties of ~~his~~the	4362
office of secretary of state. The bond~~, with the approval of the~~	4363
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4364
deposited with and kept by the director of administrative services	4365
~~and kept~~ in ~~his~~the director's office.	4366

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

4367

(1) "Rule" includes any rule, regulation, bylaw, or standard	4368
having a general and uniform operation adopted by an agency under	4369
the authority of the laws governing the agency; any appendix to a	4370
rule; and any internal management rule. "Rule" does not include	4371
any guideline adopted pursuant to section 3301.0714 of the Revised	4372
Code, any order respecting the duties of employees, any finding,	4373
any determination of a question of law or fact in a matter	4374
presented to an agency, or any rule promulgated pursuant to	4375
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4376
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4377
any amendment or rescission of a rule.	4378

(2) "Agency" means any governmental entity of the state and	4379
includes, but is not limited to, any board, department, division,	4380
commission, bureau, society, council, institution, state college	4381
or university, community college district, technical college	4382
district, or state community college. "Agency" does not include	4383
the general assembly, the controlling board, the adjutant	4384
general's department, or any court.	4385

(3) "Internal management rule" means any rule, regulation,	4386
bylaw, or standard governing the day-to-day staff procedures and	4387
operations within an agency.	4388

(4) "Substantive revision" has the same meaning as in	4389
division (J) of section 119.01 of the Revised Code.	4390

(B)(1) Any rule, other than a rule of an emergency nature,	4391
adopted by any agency pursuant to this section shall be effective	4392
on the tenth day after the day on which the rule in final form and	4393
in compliance with division (B)(3) of this section is filed as	4394
follows:	4395

(a) The rule shall be filed in electronic form with both the	4396
secretary of state and the director of the legislative service	4397
commission;	4398

(b) The rule shall be filed in electronic form with the joint	4399
committee on agency rule review. Division (B)(1)(b) of this	4400
section does not apply to any rule to which division (D) of this	4401
section does not apply.	4402

An agency that adopts or amends a rule that is subject to	4403
division (D) of this section shall assign a review date to the	4404
rule that is not later than five years after its effective date.	4405
If no review date is assigned to a rule, or if a review date	4406
assigned to a rule exceeds the five-year maximum, the review date	4407
for the rule is five years after its effective date. A rule with a	4408
review date is subject to review under section 119.032 of the	4409
Revised Code. This paragraph does not apply to a rule of a state	4410
college or university, community college district, technical	4411
college district, or state community college.	4412

If all filings are not completed on the same day, the rule	4413
shall be effective on the tenth day after the day on which the	4414
latest filing is completed. If an agency in adopting a rule	4415
designates an effective date that is later than the effective date	4416
provided for by division (B)(1) of this section, the rule if filed	4417
as required by such division shall become effective on the later	4418
date designated by the agency.	4419

Any rule that is required to be filed under division (B)(1)	4420
of this section is also subject to division (D) of this section if	4421
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4422
(8) of this section.	4423

If a rule incorporates a text or other material by reference,	4424
the agency shall comply with sections 121.71 to 121.76 of the	4425
Revised Code.	4426

(2) A rule of an emergency nature necessary for the immediate	4427
preservation of the public peace, health, or safety shall state	4428
the reasons for the necessity. The emergency rule, in final form	4429
and in compliance with division (B)(3) of this section, shall be	4430
filed in electronic form with the secretary of state, the director	4431
of the legislative service commission, and the joint committee on	4432
agency rule review. The emergency rule is effective immediately	4433
upon completion of the latest filing, except that if the agency in	4434
adopting the emergency rule designates an effective date, or date	4435
and time of day, that is later than the effective date and time	4436
provided for by division (B)(2) of this section, the emergency	4437
rule if filed as required by such division shall become effective	4438
at the later date, or later date and time of day, designated by	4439
the agency.	4440

An emergency rule becomes invalid at the end of the ninetieth	4441
day it is in effect. Prior to that date, the agency may file the	4442
emergency rule as a nonemergency rule in compliance with division	4443
(B)(1) of this section. The agency may not refile the emergency	4444
rule in compliance with division (B)(2) of this section so that,	4445
upon the emergency rule becoming invalid under such division, the	4446
emergency rule will continue in effect without interruption for	4447
another ninety-day period.	4448

(3) An agency shall file a rule under division (B)(1) or (2)	4449
of this section in compliance with the following standards and	4450
procedures:	4451

(a) The rule shall be numbered in accordance with the	4452
numbering system devised by the director for the Ohio	4453
administrative code.	4454

(b) The rule shall be prepared and submitted in compliance	4455
with the rules of the legislative service commission.	4456

(c) The rule shall clearly state the date on which it is to	4457
be effective and the date on which it will expire, if known.	4458

(d) Each rule that amends or rescinds another rule shall	4459
clearly refer to the rule that is amended or rescinded. Each	4460
amendment shall fully restate the rule as amended.	4461

If the director of the legislative service commission or the	4462
director's designee gives an agency notice pursuant to section	4463
103.05 of the Revised Code that a rule filed by the agency is not	4464
in compliance with the rules of the legislative service	4465
commission, the agency shall within thirty days after receipt of	4466
the notice conform the rule to the rules of the commission as	4467
directed in the notice.	4468

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4469
of this section shall be recorded by the secretary of state and	4470
the director under the title of the agency adopting the rule and	4471
shall be numbered according to the numbering system devised by the	4472
director. The secretary of state and the director shall preserve	4473
the rules in an accessible manner. Each such rule shall be a	4474
public record open to public inspection and may be transmitted to	4475
any law publishing company that wishes to reproduce it.	4476

(D) At least sixty-five days before a board, commission,	4477
department, division, or bureau of the government of the state	4478
files a rule under division (B)(1) of this section, it shall file	4479
the full text of the proposed rule in electronic form with the	4480
joint committee on agency rule review, and the proposed rule is	4481
subject to legislative review and invalidation under division (I)	4482
of section 119.03 of the Revised Code. If a state board,	4483
commission, department, division, or bureau makes a substantive	4484
revision in a proposed rule after it is filed with the joint	4485
committee, the state board, commission, department, division, or	4486
bureau shall promptly file the full text of the proposed rule in	4487
its revised form in electronic form with the joint committee. The	4488
latest version of a proposed rule as filed with the joint	4489
committee supersedes each earlier version of the text of the same	4490
proposed rule. ~~Except as provided in division (F) of this section,~~	4491
aA state board, commission, department, division, or bureau shall	4492
also file the rule summary and fiscal analysis prepared under	4493
section 127.18 of the Revised Code in electronic form along with a	4494
proposed rule, and along with a proposed rule in revised form,	4495
that is filed under this division. If a proposed rule has an	4496
adverse impact on businesses, the state board, commission,	4497
department, division, or bureau also shall file the business	4498
impact analysis, any recommendations received from the common	4499
sense initiative office, and the associated memorandum of	4500
response, if any, in electronic form along with the proposed rule,	4501
or the proposed rule in revised form, that is filed under this	4502
division.	4503

As used in this division, "commission" includes the public	4504
utilities commission when adopting rules under a federal or state	4505
statute.	4506

This division does not apply to any of the following:

4507

(1) A proposed rule of an emergency nature;

4508

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4509
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4510
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4511
Code;	4512

(3) A rule proposed by an agency other than a board,	4513
commission, department, division, or bureau of the government of	4514
the state;	4515

(4) A proposed internal management rule of a board,	4516
commission, department, division, or bureau of the government of	4517
the state;	4518

(5) Any proposed rule that must be adopted verbatim by an	4519
agency pursuant to federal law or rule, to become effective within	4520
sixty days of adoption, in order to continue the operation of a	4521
federally reimbursed program in this state, so long as the	4522
proposed rule contains both of the following:	4523

(a) A statement that it is proposed for the purpose of	4524
complying with a federal law or rule;	4525

(b) A citation to the federal law or rule that requires	4526
verbatim compliance.	4527

(6) An initial rule proposed by the director of health to	4528
impose safety standards and quality-of-care standards with respect	4529
to a health service specified in section 3702.11 of the Revised	4530
Code, or an initial rule proposed by the director to impose	4531
quality standards on a facility listed in division (A)(4) of	4532
section 3702.30 of the Revised Code, if section 3702.12 of the	4533
Revised Code requires that the rule be adopted under this section;	4534

(7) A rule of the state lottery commission pertaining to	4535
instant game rules.	4536

If a rule is exempt from legislative review under division	4537
(D)(5) of this section, and if the federal law or rule pursuant to	4538
which the rule was adopted expires, is repealed or rescinded, or	4539
otherwise terminates, the rule is thereafter subject to	4540
legislative review under division (D) of this section.	4541

(E) Whenever a state board, commission, department, division,	4542
or bureau files a proposed rule or a proposed rule in revised form	4543
under division (D) of this section, it shall also file the full	4544
text of the same proposed rule or proposed rule in revised form in	4545
electronic form with the secretary of state and the director of	4546
the legislative service commission. ~~Except as provided in division~~	4547
~~(F) of this section, a~~A state board, commission, department,	4548
division, or bureau shall file the rule summary and fiscal	4549
analysis prepared under section 127.18 of the Revised Code in	4550
electronic form along with a proposed rule or proposed rule in	4551
revised form that is filed with the secretary of state or the	4552
director of the legislative service commission.	4553

~~(F) Except as otherwise provided in this division, the~~	4554
~~auditor of state or the auditor of state's designee is not~~	4555
~~required to file a rule summary and fiscal analysis along with a~~	4556
~~proposed rule, or proposed rule in revised form, that the auditor~~	4557
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4558
~~of the Revised Code and files under division (D) or (E) of this~~	4559
~~section.~~	4560

Sec. 111.28. (A) There is hereby created in the state	4561
treasury the help America vote act (HAVA) fund. All moneys	4562
received by the secretary of state from the United States election	4563
assistance commission shall be credited to the fund. The secretary	4564
of state shall use the moneys credited to the fund for activities	4565
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4566
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4567
shall be credited to the fund.	4568

(B) There is hereby created in the state treasury the	4569
election reform/health and human services fund. All moneys	4570
received by the secretary of state from the United States	4571
department of health and human services shall be credited to the	4572
fund. The secretary of state shall use the moneys credited to the	4573
fund for activities conducted pursuant to grants awarded to the	4574
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4575
America Vote Act of 2002 to assure access for individuals with	4576
disabilities. All investment earnings of the fund shall be	4577
credited to the fund.	4578

(C) There is hereby created in the state treasury the	4579
miscellaneous federal grants fund. All moneys the secretary of	4580
state receives as grants from federal sources that are not	4581
otherwise designated shall be credited to the fund. The secretary	4582
of state shall use the moneys credited to the fund for the	4583
purposes and activities required by the applicable federal grant	4584
agreements. All investment earnings of the fund shall be credited	4585
to the fund.	4586

Sec. 113.02. Before entering upon the discharge of the	4587
duties of ~~his~~ office, the treasurer of state shall give a bond to	4588
the state in the sum of one million dollars, with ~~sureties~~	4589
~~approved by the governor~~a surety authorized to do business in the	4590
state, conditioned for the faithful discharge of the duties of ~~his~~	4591
the office of treasurer of state. The bond~~, with the approval of~~	4592
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4593
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4594
the secretary of state's office.	4595

Sec. 113.061. The treasurer of state shall adopt rules in	4596
accordance with Chapter 119. of the Revised Code governing the	4597
remittance of taxes by electronic funds transfer as required under	4598
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	4599
5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the Revised Code	4600
and any other section of the Revised Code under which a person is	4601
required to remit taxes by electronic funds transfer. The rules	4602
shall govern the modes of electronic funds transfer acceptable to	4603
the treasurer of state and under what circumstances each mode is	4604
acceptable, the content and format of electronic funds transfers,	4605
the coordination of payment by electronic funds transfer and	4606
filing of associated tax reports and returns, the remittance of	4607
taxes by means other than electronic funds transfer by persons	4608
otherwise required to do so but relieved of the requirement by the	4609
treasurer of state, and any other matter that in the opinion of	4610
the treasurer of state facilitates payment by electronic funds	4611
transfer in a manner consistent with those sections.	4612

Upon failure by a person, if so required, to remit taxes by	4613
electronic funds transfer in the manner prescribed under section	4614
5726.03, 5727.83, 5733.022, 5735.062, 5739.032, 5745.04, or	4615
5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4616
adopted under this section, the treasurer of state shall notify	4617
the tax commissioner of such failure if the treasurer of state	4618
determines that such failure was not due to reasonable cause or	4619
was due to willful neglect, and shall provide the tax commissioner	4620
with any information used in making that determination. The tax	4621
commissioner may assess an additional charge as specified in the	4622
respective section of the Revised Code governing the requirement	4623
to remit taxes by electronic funds transfer.	4624

The treasurer of state may implement means of acknowledging,	4625
upon the request of a taxpayer, receipt of tax remittances made by	4626
electronic funds transfer, and may adopt rules governing	4627
acknowledgments. The cost of acknowledging receipt of electronic	4628
remittances shall be paid by the person requesting acknowledgment.	4629

The treasurer of state, not the tax commissioner, is	4630
responsible for resolving any problems involving electronic funds	4631
transfer transmissions.	4632

Sec. 117.03. Before entering upon the discharge of the	4633
duties of ~~his~~ office, the auditor of state shall give a bond to	4634
the state in the sum of twenty thousand dollars, with a surety	4635
~~approved by the governor~~authorized to do business in the state,	4636
conditioned for the faithful discharge of the duties of ~~his~~the	4637
office of auditor of state. The bond~~, with the approval of the~~	4638
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4639
deposited with and kept by the secretary of state and kept in ~~his~~	4640
the secretary of state's office.	4641

Sec. 117.10. The auditor of state shall audit all public	4642
offices as provided in this chapter. The auditor of state also may	4643
audit the accounts of private institutions, associations, boards,	4644
and corporations receiving public money for their use and may	4645
require of them annual reports in such form as the auditor of	4646
state prescribes.	4647

If the auditor of state performs or contracts for the	4648
performance of an audit, including a special audit, of the public	4649
employees retirement system, school employees retirement system,	4650
state teachers retirement system, state highway patrol retirement	4651
system, or Ohio police and fire pension fund, the auditor of state	4652
shall make a timely report of the results of the audit to the Ohio	4653
retirement study council.	4654

The auditor of state may audit the accounts of any medicaid	4655
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4656
Code.	4657

If a public office has been audited by an agency of the	4658
United States government, the auditor of state may, if satisfied	4659
that the federal audit has been conducted according to principles	4660
and procedures not contrary to those of the auditor of state, use	4661
and adopt the federal audit and report in lieu of an audit by the	4662
auditor of state's own office.	4663

Within thirty days after the creation or dissolution or the	4664
winding up of the affairs of any public office, that public office	4665
shall notify the auditor of state in writing that this action has	4666
occurred.	4667

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4668
of the Revised Code, the auditor of state or the auditor of	4669
state's designee shall do both of the following:	4670

(1) Before adopting any such rule, except a rule of an	4671
emergency nature, do each of the following:	4672

(a) At least thirty-five days before any public hearing on	4673
the proposed rule-making action, mail or send by electronic mail	4674
notice of the hearing to each public office and to each statewide	4675
organization that the auditor of state or designee determines will	4676
be affected or represents persons who will be affected by the	4677
proposed rule-making action;	4678

(b) Mail or send by electronic mail a copy of the proposed	4679
rule to any person or organization that requests a copy within	4680
five days after receipt of the request;	4681

(c) Consult with appropriate state and local government	4682
agencies, or with persons representative of their interests,	4683
including statewide organizations of local government officials,	4684
and consult with accounting professionals and other interested	4685
persons;	4686

(d) Conduct, on the date and at the time and place designated	4687
in the notice, a public hearing at which any person affected by	4688
the proposed rule, including statewide organizations of local	4689
government officials, may appear and be heard in person, by	4690
attorney, or both, and may present the person's or organization's	4691
position or contentions orally or in writing.	4692

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4693
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4694
of the Revised Code. ~~The auditor of state is not required to file~~	4695
~~a rule summary and fiscal analysis along with any copy of a~~	4696
~~proposed rule, or proposed rule in revised form, that is filed~~	4697
~~with the joint committee on agency rule review, the secretary of~~	4698
~~state, or the director of the legislative service commission under~~	4699
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4700

(B) The auditor of state shall diligently discharge the	4701
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4702
section, but failure to mail or send by electronic mail any notice	4703
or copy of a proposed rule, or to consult with any person or	4704
organization, shall not invalidate any rule.	4705

(C) Notwithstanding any contrary provision of the Revised	4706
Code, the auditor of state may prepare and disseminate, to public	4707
offices and other interested persons and organizations, advisory	4708
bulletins, directives, and instructions relating to accounting and	4709
financial reporting systems, budgeting procedures, fiscal	4710
controls, and the constructions by the auditor of state of	4711
constitutional and statutory provisions, court decisions, and	4712
opinions of the attorney general. The bulletins, directives, and	4713
instructions shall be of an advisory nature only.	4714

(D) As used in this section, "rule" includes the adoption,	4715
amendment, or rescission of a rule.	4716

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4717
Revised Code:	4718

(A)(1) "Agency" means, except as limited by this division,	4719
any official, board, or commission having authority to promulgate	4720
rules or make adjudications in the civil service commission, the	4721
division of liquor control, the department of taxation, the	4722
industrial commission, the bureau of workers' compensation, the	4723
functions of any administrative or executive officer, department,	4724
division, bureau, board, or commission of the government of the	4725
state specifically made subject to sections 119.01 to 119.13 of	4726
the Revised Code, and the licensing functions of any	4727
administrative or executive officer, department, division, bureau,	4728
board, or commission of the government of the state having the	4729
authority or responsibility of issuing, suspending, revoking, or	4730
canceling licenses.	4731

Except as otherwise provided in division (I) of this section,	4732
sections 119.01 to 119.13 of the Revised Code do not apply to the	4733
public utilities commission. Sections 119.01 to 119.13 of the	4734
Revised Code do not apply to the utility radiological safety	4735
board; to the controlling board; to actions of the superintendent	4736
of financial institutions and the superintendent of insurance in	4737
the taking possession of, and rehabilitation or liquidation of,	4738
the business and property of banks, savings and loan associations,	4739
savings banks, credit unions, insurance companies, associations,	4740
reciprocal fraternal benefit societies, and bond investment	4741
companies; to any action taken by the division of securities under	4742
section 1707.201 of the Revised Code; or to any action that may be	4743
taken by the superintendent of financial institutions under	4744
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4745
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4746
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4747

Sections 119.01 to 119.13 of the Revised Code do not apply to	4748
actions of the industrial commission or the bureau of workers'	4749
compensation under sections 4123.01 to 4123.94 of the Revised Code	4750
with respect to all matters of adjudication, or to the actions of	4751
the industrial commission, bureau of workers' compensation board	4752
of directors, and bureau of workers' compensation under division	4753
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4754
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4755
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4756
(E) of section 4131.14 of the Revised Code with respect to all	4757
matters concerning the establishment of premium, contribution, and	4758
assessment rates.	4759

(2) "Agency" also means any official or work unit having	4760
authority to promulgate rules or make adjudications in the	4761
department of job and family services, but only with respect to	4762
both of the following:	4763

(a) The adoption, amendment, or rescission of rules that	4764
section 5101.09 of the Revised Code requires be adopted in	4765
accordance with this chapter;	4766

(b) The issuance, suspension, revocation, or cancellation of	4767
licenses.	4768

(B) "License" means any license, permit, certificate,	4769
commission, or charter issued by any agency. "License" does not	4770
include any arrangement whereby a person~~, institution,~~ or	4771
government entity furnishes medicaid services under a provider	4772
agreement with the department of ~~job and family services pursuant~~	4773
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4774
~~U.S.C. 301, as amended~~medicaid.	4775

(C) "Rule" means any rule, regulation, or standard, having a	4776
general and uniform operation, adopted, promulgated, and enforced	4777
by any agency under the authority of the laws governing such	4778
agency, and includes any appendix to a rule. "Rule" does not	4779
include any internal management rule of an agency unless the	4780
internal management rule affects private rights and does not	4781
include any guideline adopted pursuant to section 3301.0714 of the	4782
Revised Code.	4783

(D) "Adjudication" means the determination by the highest or	4784
ultimate authority of an agency of the rights, duties, privileges,	4785
benefits, or legal relationships of a specified person, but does	4786
not include the issuance of a license in response to an	4787
application with respect to which no question is raised, nor other	4788
acts of a ministerial nature.	4789

(E) "Hearing" means a public hearing by any agency in	4790
compliance with procedural safeguards afforded by sections 119.01	4791
to 119.13 of the Revised Code.	4792

(F) "Person" means a person, firm, corporation, association,	4793
or partnership.	4794

(G) "Party" means the person whose interests are the subject	4795
of an adjudication by an agency.	4796

(H) "Appeal" means the procedure by which a person, aggrieved	4797
by a finding, decision, order, or adjudication of any agency,	4798
invokes the jurisdiction of a court.	4799

(I) "Rule-making agency" means any board, commission,	4800
department, division, or bureau of the government of the state	4801
that is required to file proposed rules, amendments, or	4802
rescissions under division (D) of section 111.15 of the Revised	4803
Code and any agency that is required to file proposed rules,	4804
amendments, or rescissions under divisions (B) and (H) of section	4805
119.03 of the Revised Code. "Rule-making agency" includes the	4806
public utilities commission. "Rule-making agency" does not include	4807
any state-supported college or university.	4808

(J) "Substantive revision" means any addition to, elimination	4809
from, or other change in a rule, an amendment of a rule, or a	4810
rescission of a rule, whether of a substantive or procedural	4811
nature, that changes any of the following:	4812

(1) That which the rule, amendment, or rescission permits,	4813
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4814
otherwise affects;	4815

(2) The scope or application of the rule, amendment, or	4816
rescission.	4817

(K) "Internal management rule" means any rule, regulation, or	4818
standard governing the day-to-day staff procedures and operations	4819
within an agency.	4820

Sec. 120.06. (A)(1) The state public defender, when	4821
designated by the court or requested by a county public defender	4822
or joint county public defender, may provide legal representation	4823
in all courts throughout the state to indigent adults and	4824
juveniles who are charged with the commission of an offense or act	4825
for which the penalty or any possible adjudication includes the	4826
potential loss of liberty.	4827

(2) The state public defender may provide legal	4828
representation to any indigent person who, while incarcerated in	4829
any state correctional institution, is charged with a felony	4830
offense, for which the penalty or any possible adjudication that	4831
may be imposed by a court upon conviction includes the potential	4832
loss of liberty.	4833

(3) The state public defender may provide legal	4834
representation to any person incarcerated in any correctional	4835
institution of the state, in any matter in which the person	4836
asserts the person is unlawfully imprisoned or detained.	4837

(4) The state public defender, in any case in which the state	4838
public defender has provided legal representation or is requested	4839
to do so by a county public defender or joint county public	4840
defender, may provide legal representation on appeal.	4841

(5) The state public defender, when designated by the court	4842
or requested by a county public defender, joint county public	4843
defender, or the director of rehabilitation and correction, shall	4844
provide legal representation in parole and probation revocation	4845
matters or matters relating to the revocation of community control	4846
or post-release control under a community control sanction or	4847
post-release control sanction, unless the state public defender	4848
finds that the alleged parole or probation violator or alleged	4849
violator of a community control sanction or post-release control	4850
sanction has the financial capacity to retain the alleged	4851
violator's own counsel.	4852

(6) The state public defender, when designated by the court	4853
or requested by a county public defender, joint county public	4854
defender, the director of rehabilitation and correction, or the	4855
director of youth services, shall provide legal representation to	4856
a child confined in a facility operated, or contracted for, by the	4857
department of youth services, on administrative issues that may	4858
extend the period of the child's confinement in a facility	4859
operated, or contracted for, by the department of youth services,	4860
unless the state public defender finds that the child has the	4861
financial capacity to retain the child's own counsel.	4862

(7) If the state public defender contracts with a county	4863
public defender commission, a joint county public defender	4864
commission, or a board of county commissioners for the provision	4865
of services, under authority of division (C)(7) of section 120.04	4866
of the Revised Code, the state public defender shall provide legal	4867
representation in accordance with the contract.	4868

(B) The state public defender shall not be required to	4869
prosecute any appeal, postconviction remedy, or other proceeding	4870
pursuant to division (A)(3), (4), or (5), or (6) of this section,	4871
unless the state public defender first is satisfied that there is	4872
arguable merit to the proceeding.	4873

(C) A court may appoint counsel or allow an indigent person	4874
to select the indigent's own personal counsel to assist the state	4875
public defender as co-counsel when the interests of justice so	4876
require. When co-counsel is appointed to assist the state public	4877
defender, the co-counsel shall receive any compensation that the	4878
court may approve, not to exceed the amounts provided for in	4879
section 2941.51 of the Revised Code.	4880

(D)(1) When the state public defender is designated by the	4881
court or requested by a county public defender or joint county	4882
public defender to provide legal representation for an indigent	4883
person in any case, other than pursuant to a contract entered into	4884
under authority of division (C)(7) of section 120.04 of the	4885
Revised Code, the state public defender shall send to the county	4886
in which the case is filed a bill detailing the actual cost of the	4887
representation that separately itemizes legal fees and expenses.	4888
The county, upon receipt of an itemized bill from the state public	4889
defender pursuant to this division, shall pay the state public	4890
defender each of the following amounts:	4891

(a) For the amount identified as legal fees in the itemized	4892
bill, one hundred per cent of the amount identified as legal fees	4893
less the state reimbursement rate as calculated by the state	4894
public defender pursuant to section 120.34 of the Revised Code for	4895
the month the case terminated, as set forth in the itemized bill;	4896

(b) For the amount identified as expenses in the itemized	4897
bill, one hundred per cent.	4898

(2) Upon payment of the itemized bill under division (D)(1)	4899
of this section, the county may submit the cost of the expenses,	4900
excluding legal fees, to the state public defender for	4901
reimbursement pursuant to section 120.33 of the Revised Code.	4902

(3) When the state public defender provides investigation or	4903
mitigation services to private appointed counsel or to a county or	4904
joint county public defender as approved by the appointing court,	4905
other than pursuant to a contract entered into under authority of	4906
division (C)(7) of section 120.04 of the Revised Code, the state	4907
public defender shall send to the county in which the case is	4908
filed a bill itemizing the actual cost of the services provided.	4909
The county, upon receipt of an itemized bill from the state public	4910
defender pursuant to this division, shall pay one hundred per cent	4911
of the amount as set forth in the itemized bill. Upon payment of	4912
the itemized bill received pursuant to this division, the county	4913
may submit the cost of the investigation and mitigation services	4914
to the state public defender for reimbursement pursuant to section	4915
120.33 of the Revised Code.	4916

(4) There is hereby created in the state treasury the county	4917
representation fund for the deposit of moneys received from	4918
counties under this division. All moneys credited to the fund	4919
shall be used by the state public defender to provide legal	4920
representation for indigent persons when designated by the court	4921
or requested by a county or joint county public defender or to	4922
provide investigation or mitigation services, including	4923
investigation or mitigation services to private appointed counsel	4924
or a county or joint county public defender, as approved by the	4925
court.	4926

(E)(1) Notwithstanding any contrary provision of sections	4927
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	4928
that pertains to representation by the attorney general, an	4929
assistant attorney general, or special counsel of an officer or	4930
employee, as defined in section 109.36 of the Revised Code, or of	4931
an entity of state government, the state public defender may elect	4932
to contract with, and to have the state pay pursuant to division	4933
(E)(2) of this section for the services of, private legal counsel	4934
to represent the Ohio public defender commission, the state public	4935
defender, assistant state public defenders, other employees of the	4936
commission or the state public defender, and attorneys described	4937
in division (C) of section 120.41 of the Revised Code in a	4938
malpractice or other civil action or proceeding that arises from	4939
alleged actions or omissions related to responsibilities derived	4940
pursuant to this chapter, or in a civil action that is based upon	4941
alleged violations of the constitution or statutes of the United	4942
States, including section 1983 of Title 42 of the United States	4943
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	4944
arises from alleged actions or omissions related to	4945
responsibilities derived pursuant to this chapter, if the state	4946
public defender determines, in good faith, that the defendant in	4947
the civil action or proceeding did not act manifestly outside the	4948
scope of the defendant's employment or official responsibilities,	4949
with malicious purpose, in bad faith, or in a wanton or reckless	4950
manner. If the state public defender elects not to contract	4951
pursuant to this division for private legal counsel in a civil	4952
action or proceeding, then, in accordance with sections 109.02,	4953
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	4954
attorney general shall represent or provide for the representation	4955
of the Ohio public defender commission, the state public defender,	4956
assistant state public defenders, other employees of the	4957
commission or the state public defender, or attorneys described in	4958
division (C) of section 120.41 of the Revised Code in the civil	4959
action or proceeding.	4960

(2)(a) Subject to division (E)(2)(b) of this section, payment	4961
from the state treasury for the services of private legal counsel	4962
with whom the state public defender has contracted pursuant to	4963
division (E)(1) of this section shall be accomplished only through	4964
the following procedure:	4965

(i) The private legal counsel shall file with the attorney	4966
general a copy of the contract; a request for an award of legal	4967
fees, court costs, and expenses earned or incurred in connection	4968
with the defense of the Ohio public defender commission, the state	4969
public defender, an assistant state public defender, an employee,	4970
or an attorney in a specified civil action or proceeding; a	4971
written itemization of those fees, costs, and expenses, including	4972
the signature of the state public defender and the state public	4973
defender's attestation that the fees, costs, and expenses were	4974
earned or incurred pursuant to division (E)(1) of this section to	4975
the best of the state public defender's knowledge and information;	4976
a written statement whether the fees, costs, and expenses are for	4977
all legal services to be rendered in connection with that defense,	4978
are only for legal services rendered to the date of the request	4979
and additional legal services likely will have to be provided in	4980
connection with that defense, or are for the final legal services	4981
rendered in connection with that defense; a written statement	4982
indicating whether the private legal counsel previously submitted	4983
a request for an award under division (E)(2) of this section in	4984
connection with that defense and, if so, the date and the amount	4985
of each award granted; and, if the fees, costs, and expenses are	4986
for all legal services to be rendered in connection with that	4987
defense or are for the final legal services rendered in connection	4988
with that defense, a certified copy of any judgment entry in the	4989
civil action or proceeding or a signed copy of any settlement	4990
agreement entered into between the parties to the civil action or	4991
proceeding.	4992

(ii) Upon receipt of a request for an award of legal fees,	4993
court costs, and expenses and the requisite supportive	4994
documentation described in division (E)(2)(a)(i) of this section,	4995
the attorney general shall review the request and documentation;	4996
determine whether any of the limitations specified in division	4997
(E)(2)(b) of this section apply to the request; and, if an award	4998
of legal fees, court costs, or expenses is permissible after	4999
applying the limitations, prepare a document awarding legal fees,	5000
court costs, or expenses to the private legal counsel. The	5001
document shall name the private legal counsel as the recipient of	5002
the award; specify the total amount of the award as determined by	5003
the attorney general; itemize the portions of the award that	5004
represent legal fees, court costs, and expenses; specify any	5005
limitation applied pursuant to division (E)(2)(b) of this section	5006
to reduce the amount of the award sought by the private legal	5007
counsel; state that the award is payable from the state treasury	5008
pursuant to division (E)(2)(a)(iii) of this section; and be	5009
approved by the inclusion of the signatures of the attorney	5010
general, the state public defender, and the private legal counsel.	5011

(iii) The attorney general shall forward a copy of the	5012
document prepared pursuant to division (E)(2)(a)(ii) of this	5013
section to the director of budget and management. The award of	5014
legal fees, court costs, or expenses shall be paid out of the	5015
state public defender's appropriations, to the extent there is a	5016
sufficient available balance in those appropriations. If the state	5017
public defender does not have a sufficient available balance in	5018
the state public defender's appropriations to pay the entire award	5019
of legal fees, court costs, or expenses, the director shall make	5020
application for a transfer of appropriations out of the emergency	5021
purposes account or any other appropriation for emergencies or	5022
contingencies in an amount equal to the portion of the award that	5023
exceeds the sufficient available balance in the state public	5024
defender's appropriations. A transfer of appropriations out of the	5025
emergency purposes account or any other appropriation for	5026
emergencies or contingencies shall be authorized if there are	5027
sufficient moneys greater than the sum total of then pending	5028
emergency purposes account requests, or requests for releases from	5029
the other appropriation. If a transfer of appropriations out of	5030
the emergency purposes account or other appropriation for	5031
emergencies or contingencies is made to pay an amount equal to the	5032
portion of the award that exceeds the sufficient available balance	5033
in the state public defender's appropriations, the director shall	5034
cause the payment to be made to the private legal counsel. If	5035
sufficient moneys do not exist in the emergency purposes account	5036
or other appropriation for emergencies or contingencies to pay an	5037
amount equal to the portion of the award that exceeds the	5038
sufficient available balance in the state public defender's	5039
appropriations, the private legal counsel shall request the	5040
general assembly to make an appropriation sufficient to pay an	5041
amount equal to the portion of the award that exceeds the	5042
sufficient available balance in the state public defender's	5043
appropriations, and no payment in that amount shall be made until	5044
the appropriation has been made. The private legal counsel shall	5045
make the request during the current biennium and during each	5046
succeeding biennium until a sufficient appropriation is made.	5047

(b) An award of legal fees, court costs, and expenses	5048
pursuant to division (E) of this section is subject to the	5049
following limitations:	5050

(i) The maximum award or maximum aggregate of a series of	5051
awards of legal fees, court costs, and expenses to the private	5052
legal counsel in connection with the defense of the Ohio public	5053
defender commission, the state public defender, an assistant state	5054
public defender, an employee, or an attorney in a specified civil	5055
action or proceeding shall not exceed fifty thousand dollars.	5056

(ii) The private legal counsel shall not be awarded legal	5057
fees, court costs, or expenses to the extent the fees, costs, or	5058
expenses are covered by a policy of malpractice or other	5059
insurance.	5060

(iii) The private legal counsel shall be awarded legal fees	5061
and expenses only to the extent that the fees and expenses are	5062
reasonable in light of the legal services rendered by the private	5063
legal counsel in connection with the defense of the Ohio public	5064
defender commission, the state public defender, an assistant state	5065
public defender, an employee, or an attorney in a specified civil	5066
action or proceeding.	5067

(c) If, pursuant to division (E)(2)(a) of this section, the	5068
attorney general denies a request for an award of legal fees,	5069
court costs, or expenses to private legal counsel because of the	5070
application of a limitation specified in division (E)(2)(b) of	5071
this section, the attorney general shall notify the private legal	5072
counsel in writing of the denial and of the limitation applied.	5073

(d) If, pursuant to division (E)(2)(c) of this section, a	5074
private legal counsel receives a denial of an award notification	5075
or if a private legal counsel refuses to approve a document under	5076
division (E)(2)(a)(ii) of this section because of the proposed	5077
application of a limitation specified in division (E)(2)(b) of	5078
this section, the private legal counsel may commence a civil	5079
action against the attorney general in the court of claims to	5080
prove the private legal counsel's entitlement to the award sought,	5081
to prove that division (E)(2)(b) of this section does not prohibit	5082
or otherwise limit the award sought, and to recover a judgment for	5083
the amount of the award sought. A civil action under division	5084
(E)(2)(d) of this section shall be commenced no later than two	5085
years after receipt of a denial of award notification or, if the	5086
private legal counsel refused to approve a document under division	5087
(E)(2)(a)(ii) of this section because of the proposed application	5088
of a limitation specified in division (E)(2)(b) of this section,	5089
no later than two years after the refusal. Any judgment of the	5090
court of claims in favor of the private legal counsel shall be	5091
paid from the state treasury in accordance with division (E)(2)(a)	5092
of this section.	5093

(F) If a court appoints the office of the state public	5094
defender to represent a petitioner in a postconviction relief	5095
proceeding under section 2953.21 of the Revised Code, the	5096
petitioner has received a sentence of death, and the proceeding	5097
relates to that sentence, all of the attorneys who represent the	5098
petitioner in the proceeding pursuant to the appointment, whether	5099
an assistant state public defender, the state public defender, or	5100
another attorney, shall be certified under Rule 20 of the Rules of	5101
Superintendence for the Courts of Ohio to represent indigent	5102
defendants charged with or convicted of an offense for which the	5103
death penalty can be or has been imposed.	5104

(G)(1) The state public defender may conduct a legal	5105
assistance referral service for children committed to the	5106
department of youth services relative to conditions of confinement	5107
claims. If the legal assistance referral service receives a	5108
request for assistance from a child confined in a facility	5109
operated, or contracted for, by the department of youth services	5110
and the state public defender determines that the child has a	5111
conditions of confinement claim that has merit, the state public	5112
defender may refer the child to a private attorney. If no private	5113
attorney who the child has been referred to by the state public	5114
defender accepts the case within a reasonable time, the state	5115
public defender may prepare, as appropriate, pro se pleadings in	5116
the form of a complaint regarding the conditions of confinement at	5117
the facility where the child is confined with a motion for	5118
appointment of counsel and other applicable pleadings necessary	5119
for sufficient pro se representation.	5120

(2) Division (G)(1) of this section does not authorize the	5121
state public defender to represent a child committed to the	5122
department of youth services in general civil matters arising	5123
solely out of state law.	5124

(3) The state public defender shall not undertake the	5125
representation of a child in court based on a conditions of	5126
confinement claim arising under this division.	5127

(H) A child's right to representation or services under this	5128
section is not affected by the child, or another person on behalf	5129
of the child, previously having paid for similar representation or	5130
services or having waived legal representation.	5131

(I) The state public defender shall have reasonable access to	5132
any child committed to the department of youth services,	5133
department of youth services institution, and department of youth	5134
services record as needed to implement this section.	5135

(J) As used in this section:

5136

(1) "Community control sanction" has the same meaning as in	5137
section 2929.01 of the Revised Code.	5138

(2) "Conditions of confinement" means any issue involving a	5139
constitutional right or other civil right related to a child's	5140
incarceration, including, but not limited to, actions cognizable	5141
under 42 U.S.C. 1983.	5142

(3) "Post-release control sanction" has the same meaning as	5143
in section 2967.01 of the Revised Code.	5144

Sec. 121.02. The following administrative departments and	5145
their respective directors are hereby created:	5146

(A) The office of budget and management, which shall be	5147
administered by the director of budget and management;	5148

(B) The department of commerce, which shall be administered	5149
by the director of commerce;	5150

(C) The department of administrative services, which shall be	5151
administered by the director of administrative services;	5152

(D) The department of transportation, which shall be	5153
administered by the director of transportation;	5154

(E) The department of agriculture, which shall be	5155
administered by the director of agriculture;	5156

(F) The department of natural resources, which shall be	5157
administered by the director of natural resources;	5158

(G) The department of health, which shall be administered by	5159
the director of health;	5160

(H) The department of job and family services, which shall be	5161
administered by the director of job and family services;	5162

(I) Until July 1, 1997, the department of liquor control,	5163
which shall be administered by the director of liquor control;	5164

(J) The department of public safety, which shall be	5165
administered by the director of public safety;	5166

(K) The department of ~~mental health~~mental health and	5167
addiction services, which shall be administered by the director of	5168
~~mental health~~mental health and addiction services;	5169

(L) The department of developmental disabilities, which shall	5170
be administered by the director of developmental disabilities;	5171

(M) The department of insurance, which shall be administered	5172
by the superintendent of insurance as director thereof;	5173

(N) The development services agency, which shall be	5174
administered by the director of development services;	5175

(O) The department of youth services, which shall be	5176
administered by the director of youth services;	5177

(P) The department of rehabilitation and correction, which	5178
shall be administered by the director of rehabilitation and	5179
correction;	5180

(Q) The environmental protection agency, which shall be	5181
administered by the director of environmental protection;	5182

(R) The department of aging, which shall be administered by	5183
the director of aging;	5184

(S) ~~The department of alcohol and drug addiction services,~~	5185
~~which shall be administered by the director of~~ ~~alcohol and drug~~	5186
~~addiction services~~;	5187

~~(T)~~ The department of veterans services, which shall be	5188
administered by the director of veterans services;	5189

(T) The department of medicaid, which shall be administered	5190
by the medicaid director.	5191

The director of each department shall exercise the powers and	5192
perform the duties vested by law in such department.	5193

Sec. 121.03. The following administrative department heads	5194
shall be appointed by the governor, with the advice and consent of	5195
the senate, and shall hold their offices during the term of the	5196
appointing governor, and are subject to removal at the pleasure of	5197
the governor.	5198

(A) The director of budget and management;

5199

(B) The director of commerce;

5200

5201

(D) The director of agriculture;

5202

(E) The director of job and family services;

5203

(F) Until July 1, 1997, the director of liquor control;

5204

(G) The director of public safety;

5205

(H) The superintendent of insurance;

5206

(I) The director of development services;

5207

(J) The tax commissioner;

5208

(K) The director of administrative services;

5209

(L) The director of natural resources;

5210

(M) The director of ~~mental health~~mental health and addiction	5211
services;	5212

(N) The director of developmental disabilities;

5213

(O) The director of health;

5214

(P) The director of youth services;

5215

(Q) The director of rehabilitation and correction;

5216

(R) The director of environmental protection;

5217

(S) The director of aging;

5218

(T) ~~The director of alcohol and drug addiction services;~~

5219

~~(U)~~ The administrator of workers' compensation who meets the	5220
qualifications required under division (A) of section 4121.121 of	5221
the Revised Code;	5222

~~(V)~~(U) The director of veterans services who meets the	5223
qualifications required under section 5902.01 of the Revised Code;	5224

~~(W)~~(V) The chancellor of the Ohio board of regents;

5225

(W) The medicaid director.

5226

Sec. 121.22. (A) This section shall be liberally construed	5227
to require public officials to take official action and to conduct	5228
all deliberations upon official business only in open meetings	5229
unless the subject matter is specifically excepted by law.	5230

(B) As used in this section:

5231

(1) "Public body" means any of the following:

5232

(a) Any board, commission, committee, council, or similar	5233
decision-making body of a state agency, institution, or authority,	5234
and any legislative authority or board, commission, committee,	5235
council, agency, authority, or similar decision-making body of any	5236
county, township, municipal corporation, school district, or other	5237
political subdivision or local public institution;	5238

(b) Any committee or subcommittee of a body described in	5239
division (B)(1)(a) of this section;	5240

(c) A court of jurisdiction of a sanitary district organized	5241
wholly for the purpose of providing a water supply for domestic,	5242
municipal, and public use when meeting for the purpose of the	5243
appointment, removal, or reappointment of a member of the board of	5244
directors of such a district pursuant to section 6115.10 of the	5245
Revised Code, if applicable, or for any other matter related to	5246
such a district other than litigation involving the district. As	5247
used in division (B)(1)(c) of this section, "court of	5248
jurisdiction" has the same meaning as "court" in section 6115.01	5249
of the Revised Code.	5250

(2) "Meeting" means any prearranged discussion of the public	5251
business of the public body by a majority of its members.	5252

(3) "Regulated individual" means either of the following:

5253

(a) A student in a state or local public educational	5254
institution;	5255

(b) A person who is, voluntarily or involuntarily, an inmate,	5256
patient, or resident of a state or local institution because of	5257
criminal behavior, mental illness or retardation, disease,	5258
disability, age, or other condition requiring custodial care.	5259

(4) "Public office" has the same meaning as in section	5260
149.011 of the Revised Code.	5261

(C) All meetings of any public body are declared to be public	5262
meetings open to the public at all times. A member of a public	5263
body shall be present in person at a meeting open to the public to	5264
be considered present or to vote at the meeting and for purposes	5265
of determining whether a quorum is present at the meeting.	5266

The minutes of a regular or special meeting of any public	5267
body shall be promptly prepared, filed, and maintained and shall	5268
be open to public inspection. The minutes need only reflect the	5269
general subject matter of discussions in executive sessions	5270
authorized under division (G) or (J) of this section.	5271

(D) This section does not apply to any of the following:

5272

(1) A grand jury;

5273

(2) An audit conference conducted by the auditor of state or	5274
independent certified public accountants with officials of the	5275
public office that is the subject of the audit;	5276

(3) The adult parole authority when its hearings are	5277
conducted at a correctional institution for the sole purpose of	5278
interviewing inmates to determine parole or pardon;	5279

(4) The organized crime investigations commission established	5280
under section 177.01 of the Revised Code;	5281

(5) Meetings of a child fatality review board established	5282
under section 307.621 of the Revised Code and meetings conducted	5283
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	5284

(6) The state medical board when determining whether to	5285
suspend a certificate without a prior hearing pursuant to division	5286
(G) of either section 4730.25 or 4731.22 of the Revised Code;	5287

(7) The board of nursing when determining whether to suspend	5288
a license or certificate without a prior hearing pursuant to	5289
division (B) of section 4723.281 of the Revised Code;	5290

(8) The state board of pharmacy when determining whether to	5291
suspend a license without a prior hearing pursuant to division (D)	5292
of section 4729.16 of the Revised Code;	5293

(9) The state chiropractic board when determining whether to	5294
suspend a license without a hearing pursuant to section 4734.37 of	5295
the Revised Code;	5296

(10) The executive committee of the emergency response	5297
commission when determining whether to issue an enforcement order	5298
or request that a civil action, civil penalty action, or criminal	5299
action be brought to enforce Chapter 3750. of the Revised Code;	5300

(11) The board of directors of the nonprofit corporation	5301
formed under section 187.01 of the Revised Code or any committee	5302
thereof, and the board of directors of any subsidiary of that	5303
corporation or a committee thereof;	5304

(12) An audit conference conducted by the audit staff of the	5305
department of job and family services with officials of the public	5306
office that is the subject of that audit under section 5101.37 of	5307
the Revised Code;	5308

(13) The occupational therapy section of the occupational	5309
therapy, physical therapy, and athletic trainers board when	5310
determining whether to suspend a license or limited permit without	5311
a hearing pursuant to division (D) of section 4755.11 of the	5312
Revised Code;	5313

(14) The physical therapy section of the occupational	5314
therapy, physical therapy, and athletic trainers board when	5315
determining whether to suspend a license without a hearing	5316
pursuant to division (E) of section 4755.47 of the Revised Code;	5317

(15) The athletic trainers section of the occupational	5318
therapy, physical therapy, and athletic trainers board when	5319
determining whether to suspend a license without a hearing	5320
pursuant to division (D) of section 4755.64 of the Revised Code.	5321

(E) The controlling board, ~~the industrial technology and~~	5322
~~enterprise advisory council,~~ the tax credit authority, or the	5323
minority development financing advisory board, when meeting to	5324
consider granting assistance pursuant to Chapter 122. or 166. of	5325
the Revised Code, in order to protect the interest of the	5326
applicant or the possible investment of public funds, by unanimous	5327
vote of all board~~, council,~~ or authority members present, may	5328
close the meeting during consideration of the following	5329
information confidentially received by the authority~~, council,~~ or	5330
board from the applicant:	5331

(1) Marketing plans;

5332

(2) Specific business strategy;

5333

(3) Production techniques and trade secrets;

5334

(4) Financial projections;

5335

(5) Personal financial statements of the applicant or members	5336
of the applicant's immediate family, including, but not limited	5337
to, tax records or other similar information not open to public	5338
inspection.	5339

The vote by the authority~~, council,~~ or board to accept or	5340
reject the application, as well as all proceedings of the	5341
authority~~, council,~~ or board not subject to this division, shall	5342
be open to the public and governed by this section.	5343

(F) Every public body, by rule, shall establish a reasonable	5344
method whereby any person may determine the time and place of all	5345
regularly scheduled meetings and the time, place, and purpose of	5346
all special meetings. A public body shall not hold a special	5347
meeting unless it gives at least twenty-four hours' advance notice	5348
to the news media that have requested notification, except in the	5349
event of an emergency requiring immediate official action. In the	5350
event of an emergency, the member or members calling the meeting	5351
shall notify the news media that have requested notification	5352
immediately of the time, place, and purpose of the meeting.	5353

The rule shall provide that any person, upon request and	5354
payment of a reasonable fee, may obtain reasonable advance	5355
notification of all meetings at which any specific type of public	5356
business is to be discussed. Provisions for advance notification	5357
may include, but are not limited to, mailing the agenda of	5358
meetings to all subscribers on a mailing list or mailing notices	5359
in self-addressed, stamped envelopes provided by the person.	5360

(G) Except as provided in division (J) of this section, the	5361
members of a public body may hold an executive session only after	5362
a majority of a quorum of the public body determines, by a roll	5363
call vote, to hold an executive session and only at a regular or	5364
special meeting for the sole purpose of the consideration of any	5365
of the following matters:	5366

(1) To consider the appointment, employment, dismissal,	5367
discipline, promotion, demotion, or compensation of a public	5368
employee or official, or the investigation of charges or	5369
complaints against a public employee, official, licensee, or	5370
regulated individual, unless the public employee, official,	5371
licensee, or regulated individual requests a public hearing.	5372
Except as otherwise provided by law, no public body shall hold an	5373
executive session for the discipline of an elected official for	5374
conduct related to the performance of the elected official's	5375
official duties or for the elected official's removal from office.	5376
If a public body holds an executive session pursuant to division	5377
(G)(1) of this section, the motion and vote to hold that executive	5378
session shall state which one or more of the approved purposes	5379
listed in division (G)(1) of this section are the purposes for	5380
which the executive session is to be held, but need not include	5381
the name of any person to be considered at the meeting.	5382

(2) To consider the purchase of property for public purposes,	5383
or for the sale of property at competitive bidding, if premature	5384
disclosure of information would give an unfair competitive or	5385
bargaining advantage to a person whose personal, private interest	5386
is adverse to the general public interest. No member of a public	5387
body shall use division (G)(2) of this section as a subterfuge for	5388
providing covert information to prospective buyers or sellers. A	5389
purchase or sale of public property is void if the seller or buyer	5390
of the public property has received covert information from a	5391
member of a public body that has not been disclosed to the general	5392
public in sufficient time for other prospective buyers and sellers	5393
to prepare and submit offers.	5394

If the minutes of the public body show that all meetings and	5395
deliberations of the public body have been conducted in compliance	5396
with this section, any instrument executed by the public body	5397
purporting to convey, lease, or otherwise dispose of any right,	5398
title, or interest in any public property shall be conclusively	5399
presumed to have been executed in compliance with this section	5400
insofar as title or other interest of any bona fide purchasers,	5401
lessees, or transferees of the property is concerned.	5402

(3) Conferences with an attorney for the public body	5403
concerning disputes involving the public body that are the subject	5404
of pending or imminent court action;	5405

(4) Preparing for, conducting, or reviewing negotiations or	5406
bargaining sessions with public employees concerning their	5407
compensation or other terms and conditions of their employment;	5408

(5) Matters required to be kept confidential by federal law	5409
or regulations or state statutes;	5410

(6) Details relative to the security arrangements and	5411
emergency response protocols for a public body or a public office,	5412
if disclosure of the matters discussed could reasonably be	5413
expected to jeopardize the security of the public body or public	5414
office;	5415

(7) In the case of a county hospital operated pursuant to	5416
Chapter 339. of the Revised Code, a joint township hospital	5417
operated pursuant to Chapter 513. of the Revised Code, or a	5418
municipal hospital operated pursuant to Chapter 749. of the	5419
Revised Code, to consider trade secrets, as defined in section	5420
1333.61 of the Revised Code.	5421

If a public body holds an executive session to consider any	5422
of the matters listed in divisions (G)(2) to (7) of this section,	5423
the motion and vote to hold that executive session shall state	5424
which one or more of the approved matters listed in those	5425
divisions are to be considered at the executive session.	5426

A public body specified in division (B)(1)(c) of this section	5427
shall not hold an executive session when meeting for the purposes	5428
specified in that division.	5429

(H) A resolution, rule, or formal action of any kind is	5430
invalid unless adopted in an open meeting of the public body. A	5431
resolution, rule, or formal action adopted in an open meeting that	5432
results from deliberations in a meeting not open to the public is	5433
invalid unless the deliberations were for a purpose specifically	5434
authorized in division (G) or (J) of this section and conducted at	5435
an executive session held in compliance with this section. A	5436
resolution, rule, or formal action adopted in an open meeting is	5437
invalid if the public body that adopted the resolution, rule, or	5438
formal action violated division (F) of this section.	5439

(I)(1) Any person may bring an action to enforce this	5440
section. An action under division (I)(1) of this section shall be	5441
brought within two years after the date of the alleged violation	5442
or threatened violation. Upon proof of a violation or threatened	5443
violation of this section in an action brought by any person, the	5444
court of common pleas shall issue an injunction to compel the	5445
members of the public body to comply with its provisions.	5446

(2)(a) If the court of common pleas issues an injunction	5447
pursuant to division (I)(1) of this section, the court shall order	5448
the public body that it enjoins to pay a civil forfeiture of five	5449
hundred dollars to the party that sought the injunction and shall	5450
award to that party all court costs and, subject to reduction as	5451
described in division (I)(2) of this section, reasonable	5452
attorney's fees. The court, in its discretion, may reduce an award	5453
of attorney's fees to the party that sought the injunction or not	5454
award attorney's fees to that party if the court determines both	5455
of the following:	5456

(i) That, based on the ordinary application of statutory law	5457
and case law as it existed at the time of violation or threatened	5458
violation that was the basis of the injunction, a well-informed	5459
public body reasonably would believe that the public body was not	5460
violating or threatening to violate this section;	5461

(ii) That a well-informed public body reasonably would	5462
believe that the conduct or threatened conduct that was the basis	5463
of the injunction would serve the public policy that underlies the	5464
authority that is asserted as permitting that conduct or	5465
threatened conduct.	5466

(b) If the court of common pleas does not issue an injunction	5467
pursuant to division (I)(1) of this section and the court	5468
determines at that time that the bringing of the action was	5469
frivolous conduct, as defined in division (A) of section 2323.51	5470
of the Revised Code, the court shall award to the public body all	5471
court costs and reasonable attorney's fees, as determined by the	5472
court.	5473

(3) Irreparable harm and prejudice to the party that sought	5474
the injunction shall be conclusively and irrebuttably presumed	5475
upon proof of a violation or threatened violation of this section.	5476

(4) A member of a public body who knowingly violates an	5477
injunction issued pursuant to division (I)(1) of this section may	5478
be removed from office by an action brought in the court of common	5479
pleas for that purpose by the prosecuting attorney or the attorney	5480
general.	5481

(J)(1) Pursuant to division (C) of section 5901.09 of the	5482
Revised Code, a veterans service commission shall hold an	5483
executive session for one or more of the following purposes unless	5484
an applicant requests a public hearing:	5485

(a) Interviewing an applicant for financial assistance under	5486
sections 5901.01 to 5901.15 of the Revised Code;	5487

(b) Discussing applications, statements, and other documents	5488
described in division (B) of section 5901.09 of the Revised Code;	5489

(c) Reviewing matters relating to an applicant's request for	5490
financial assistance under sections 5901.01 to 5901.15 of the	5491
Revised Code.	5492

(2) A veterans service commission shall not exclude an	5493
applicant for, recipient of, or former recipient of financial	5494
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5495
and shall not exclude representatives selected by the applicant,	5496
recipient, or former recipient, from a meeting that the commission	5497
conducts as an executive session that pertains to the applicant's,	5498
recipient's, or former recipient's application for financial	5499
assistance.	5500

(3) A veterans service commission shall vote on the grant or	5501
denial of financial assistance under sections 5901.01 to 5901.15	5502
of the Revised Code only in an open meeting of the commission. The	5503
minutes of the meeting shall indicate the name, address, and	5504
occupation of the applicant, whether the assistance was granted or	5505
denied, the amount of the assistance if assistance is granted, and	5506
the votes for and against the granting of assistance.	5507

Sec. 121.35. (A) Subject to division (B) of this section,	5508
the following state agencies shall collaborate to revise and make	5509
more uniform the eligibility standards and eligibility	5510
determination procedures of programs the state agencies	5511
administer:	5512

(1) The department of aging;

5513

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

5514

~~(3)~~ The ~~department of~~ development services agency;

5515

~~(4)~~(3) The department of developmental disabilities;

5516

~~(5)~~(4) The department of education;

5517

~~(6)~~(5) The department of health;

5518

~~(7)~~(6) The department of job and family services;

5519

~~(8)~~(7) The department of medicaid;

5520

(8) The department of ~~mental health~~mental health and	5521
addiction services;	5522

(9) The ~~rehabilitation services commission~~opportunities for	5523
Ohioans with disabilities agency.	5524

(B) In revising eligibility standards and eligibility	5525
determination procedures, a state agency shall not make any	5526
program's eligibility standards or eligibility determination	5527
procedures inconsistent with state or federal law. To the extent	5528
authorized by state and federal law, the revisions may provide for	5529
the state agencies to share administrative operations.	5530

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5531
and children first cabinet council. The council shall be composed	5532
of the superintendent of public instruction, the ~~administrator~~	5533
executive director of the ~~rehabilitation services commission~~	5534
opportunities for Ohioans with disabilities agency, the medicaid	5535
director, and the directors of youth services, job and family	5536
services, ~~mental health~~mental health and addiction services,	5537
health, ~~alcohol and drug addiction services,~~ developmental	5538
disabilities, aging, rehabilitation and correction, and budget and	5539
management. The chairperson of the council shall be the governor	5540
or the governor's designee and shall establish procedures for the	5541
council's internal control and management.	5542

The purpose of the cabinet council is to help families	5543
seeking government services. This section shall not be interpreted	5544
or applied to usurp the role of parents, but solely to streamline	5545
and coordinate existing government services for families seeking	5546
assistance for their children.	5547

(2) In seeking to fulfill its purpose, the council may do any	5548
of the following:	5549

(a) Advise and make recommendations to the governor and	5550
general assembly regarding the provision of services to children;	5551

(b) Advise and assess local governments on the coordination	5552
of service delivery to children;	5553

(c) Hold meetings at such times and places as may be	5554
prescribed by the council's procedures and maintain records of the	5555
meetings, except that records identifying individual children are	5556
confidential and shall be disclosed only as provided by law;	5557

(d) Develop programs and projects, including pilot projects,	5558
to encourage coordinated efforts at the state and local level to	5559
improve the state's social service delivery system;	5560

(e) Enter into contracts with and administer grants to county	5561
family and children first councils, as well as other county or	5562
multicounty organizations to plan and coordinate service delivery	5563
between state agencies and local service providers for families	5564
and children;	5565

(f) Enter into contracts with and apply for grants from	5566
federal agencies or private organizations;	5567

(g) Enter into interagency agreements to encourage	5568
coordinated efforts at the state and local level to improve the	5569
state's social service delivery system. The agreements may include	5570
provisions regarding the receipt, transfer, and expenditure of	5571
funds;	5572

(h) Identify public and private funding sources for services	5573
provided to alleged or adjudicated unruly children and children	5574
who are at risk of being alleged or adjudicated unruly children,	5575
including regulations governing access to and use of the services;	5576

(i) Collect information provided by local communities	5577
regarding successful programs for prevention, intervention, and	5578
treatment of unruly behavior, including evaluations of the	5579
programs;	5580

(j) Identify and disseminate publications regarding alleged	5581
or adjudicated unruly children and children who are at risk of	5582
being alleged or adjudicated unruly children and regarding	5583
programs serving those types of children;	5584

(k) Maintain an inventory of strategic planning facilitators	5585
for use by government or nonprofit entities that serve alleged or	5586
adjudicated unruly children or children who are at risk of being	5587
alleged or adjudicated unruly children.	5588

(3) The cabinet council shall provide for the following:

5589

(a) Reviews of service and treatment plans for children for	5590
which such reviews are requested;	5591

(b) Assistance as the council determines to be necessary to	5592
meet the needs of children referred by county family and children	5593
first councils;	5594

(c) Monitoring and supervision of a statewide, comprehensive,	5595
coordinated, multi-disciplinary, interagency system for infants	5596
and toddlers with developmental disabilities or delays and their	5597
families, as established pursuant to federal grants received and	5598
administered by the department of health for early intervention	5599
services under the "Individuals with Disabilities Education Act of	5600
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5601

(4) The cabinet council shall develop and implement the	5602
following:	5603

(a) An interagency process to select the indicators that will	5604
be used to measure progress toward increasing child well-being in	5605
the state and to update the indicators on an annual basis. The	5606
indicators shall focus on expectant parents and newborns thriving;	5607
infants and toddlers thriving; children being ready for school;	5608
children and youth succeeding in school; youth choosing healthy	5609
behaviors; and youth successfully transitioning into adulthood.	5610

(b) An interagency system to offer guidance and monitor	5611
progress toward increasing child well-being in the state and in	5612
each county;	5613

(c) An annual plan that identifies state-level agency efforts	5614
taken to ensure progress towards increasing child well-being in	5615
the state.	5616

On an annual basis, the cabinet council shall submit to the	5617
governor and the general assembly a report on the status of	5618
efforts to increase child well-being in the state. This report	5619
shall be made available to any other person on request.	5620

(B)(1) Each board of county commissioners shall establish a	5621
county family and children first council. The board may invite any	5622
local public or private agency or group that funds, advocates, or	5623
provides services to children and families to have a	5624
representative become a permanent or temporary member of its	5625
county council. Each county council must include the following	5626
individuals:	5627

(a) At least three individuals who are not employed by an	5628
agency represented on the council and whose families are or have	5629
received services from an agency represented on the council or	5630
another county's council. Where possible, the number of members	5631
representing families shall be equal to twenty per cent of the	5632
council's membership.	5633

(b) The director of the board of alcohol, drug addiction, and	5634
mental health services that serves the county, or, in the case of	5635
a county that has a board of alcohol and drug addiction services	5636
and a community mental health board, the directors of both boards.	5637
If a board of alcohol, drug addiction, and mental health services	5638
covers more than one county, the director may designate a person	5639
to participate on the county's council.	5640

(c) The health commissioner, or the commissioner's designee,	5641
of the board of health of each city and general health district in	5642
the county. If the county has two or more health districts, the	5643
health commissioner membership may be limited to the commissioners	5644
of the two districts with the largest populations.	5645

(d) The director of the county department of job and family	5646
services;	5647

(e) The executive director of the public children services	5648
agency;	5649

(f) The superintendent of the county board of developmental	5650
disabilities or, if the superintendent serves as superintendent of	5651
more than one county board of developmental disabilities, the	5652
superintendent's designee;	5653

(g) The superintendent of the city, exempted village, or	5654
local school district with the largest number of pupils residing	5655
in the county, as determined by the department of education, which	5656
shall notify each board of county commissioners of its	5657
determination at least biennially;	5658

(h) A school superintendent representing all other school	5659
districts with territory in the county, as designated at a	5660
biennial meeting of the superintendents of those districts;	5661

(i) A representative of the municipal corporation with the	5662
largest population in the county;	5663

(j) The president of the board of county commissioners or an	5664
individual designated by the board;	5665

(k) A representative of the regional office of the department	5666
of youth services;	5667

(l) A representative of the county's head start agencies, as	5668
defined in section 3301.32 of the Revised Code;	5669

(m) A representative of the county's early intervention	5670
collaborative established pursuant to the federal early	5671
intervention program operated under the "Individuals with	5672
Disabilities Education Act of 2004";	5673

(n) A representative of a local nonprofit entity that funds,	5674
advocates, or provides services to children and families.	5675

Notwithstanding any other provision of law, the public	5676
members of a county council are not prohibited from serving on the	5677
council and making decisions regarding the duties of the council,	5678
including those involving the funding of joint projects and those	5679
outlined in the county's service coordination mechanism	5680
implemented pursuant to division (C) of this section.	5681

The cabinet council shall establish a state appeals process	5682
to resolve disputes among the members of a county council	5683
concerning whether reasonable responsibilities as members are	5684
being shared. The appeals process may be accessed only by a	5685
majority vote of the council members who are required to serve on	5686
the council. Upon appeal, the cabinet council may order that state	5687
funds for services to children and families be redirected to a	5688
county's board of county commissioners.	5689

The county's juvenile court judge senior in service or	5690
another judge of the juvenile court designated by the	5691
administrative judge or, where there is no administrative judge,	5692
by the judge senior in service shall serve as the judicial advisor	5693
to the county family and children first council. The judge may	5694
advise the county council on the court's utilization of resources,	5695
services, or programs provided by the entities represented by the	5696
members of the county council and how those resources, services,	5697
or programs assist the court in its administration of justice.	5698
Service of a judge as a judicial advisor pursuant to this section	5699
is a judicial function.	5700

(2) The purpose of the county council is to streamline and	5701
coordinate existing government services for families seeking	5702
services for their children. In seeking to fulfill its purpose, a	5703
county council shall provide for the following:	5704

(a) Referrals to the cabinet council of those children for	5705
whom the county council cannot provide adequate services;	5706

(b) Development and implementation of a process that annually	5707
evaluates and prioritizes services, fills service gaps where	5708
possible, and invents new approaches to achieve better results for	5709
families and children;	5710

(c) Participation in the development of a countywide,	5711
comprehensive, coordinated, multi-disciplinary, interagency system	5712
for infants and toddlers with developmental disabilities or delays	5713
and their families, as established pursuant to federal grants	5714
received and administered by the department of health for early	5715
intervention services under the "Individuals with Disabilities	5716
Education Act of 2004";	5717

(d) Maintenance of an accountability system to monitor the	5718
county council's progress in achieving results for families and	5719
children;	5720

(e) Establishment of a mechanism to ensure ongoing input from	5721
a broad representation of families who are receiving services	5722
within the county system.	5723

(3) A county council shall develop and implement the	5724
following:	5725

(a) An interagency process to establish local indicators and	5726
monitor the county's progress toward increasing child well-being	5727
in the county;	5728

(b) An interagency process to identify local priorities to	5729
increase child well-being. The local priorities shall focus on	5730
expectant parents and newborns thriving; infants and toddlers	5731
thriving; children being ready for school; children and youth	5732
succeeding in school; youth choosing healthy behaviors; and youth	5733
successfully transitioning into adulthood and take into account	5734
the indicators established by the cabinet council under division	5735
(A)(4)(a) of this section.	5736

(c) An annual plan that identifies the county's interagency	5737
efforts to increase child well-being in the county.	5738

On an annual basis, the county council shall submit a report	5739
on the status of efforts by the county to increase child	5740
well-being in the county to the county's board of county	5741
commissioners and the cabinet council. This report shall be made	5742
available to any other person on request.	5743

(4)(a) Except as provided in division (B)(4)(b) of this	5744
section, a county council shall comply with the policies,	5745
procedures, and activities prescribed by the rules or interagency	5746
agreements of a state department participating on the cabinet	5747
council whenever the county council performs a function subject to	5748
those rules or agreements.	5749

(b) On application of a county council, the cabinet council	5750
may grant an exemption from any rules or interagency agreements of	5751
a state department participating on the council if an exemption is	5752
necessary for the council to implement an alternative program or	5753
approach for service delivery to families and children. The	5754
application shall describe the proposed program or approach and	5755
specify the rules or interagency agreements from which an	5756
exemption is necessary. The cabinet council shall approve or	5757
disapprove the application in accordance with standards and	5758
procedures it shall adopt. If an application is approved, the	5759
exemption is effective only while the program or approach is being	5760
implemented, including a reasonable period during which the	5761
program or approach is being evaluated for effectiveness.	5762

(5)(a) Each county council shall designate an administrative	5763
agent for the council from among the following public entities:	5764
the board of alcohol, drug addiction, and mental health services,	5765
including a board of alcohol and drug addiction or a community	5766
mental health board if the county is served by separate boards;	5767
the board of county commissioners; any board of health of the	5768
county's city and general health districts; the county department	5769
of job and family services; the county agency responsible for the	5770
administration of children services pursuant to section 5153.15 of	5771
the Revised Code; the county board of developmental disabilities;	5772
any of the county's boards of education or governing boards of	5773
educational service centers; or the county's juvenile court. Any	5774
of the foregoing public entities, other than the board of county	5775
commissioners, may decline to serve as the council's	5776
administrative agent.	5777

A county council's administrative agent shall serve as the	5778
council's appointing authority for any employees of the council.	5779
The council shall file an annual budget with its administrative	5780
agent, with copies filed with the county auditor and with the	5781
board of county commissioners, unless the board is serving as the	5782
council's administrative agent. The council's administrative agent	5783
shall ensure that all expenditures are handled in accordance with	5784
policies, procedures, and activities prescribed by state	5785
departments in rules or interagency agreements that are applicable	5786
to the council's functions.	5787

The administrative agent of a county council shall send	5788
notice of a member's absence if a member listed in division (B)(1)	5789
of this section has been absent from either three consecutive	5790
meetings of the county council or a county council subcommittee,	5791
or from one-quarter of such meetings in a calendar year, whichever	5792
is less. The notice shall be sent to the board of county	5793
commissioners that establishes the county council and, for the	5794
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5795
section, to the governing board overseeing the respective entity;	5796
for the member listed in division (B)(1)(f) of this section, to	5797
the county board of developmental disabilities that employs the	5798
superintendent; for a member listed in division (B)(1)(g) or (h)	5799
of this section, to the school board that employs the	5800
superintendent; for the member listed in division (B)(1)(i) of	5801
this section, to the mayor of the municipal corporation; for the	5802
member listed in division (B)(1)(k) of this section, to the	5803
director of youth services; and for the member listed in division	5804
(B)(1)(n) of this section, to that member's board of trustees.	5805

The administrative agent for a county council may do any of	5806
the following on behalf of the council:	5807

(i) Enter into agreements or administer contracts with public	5808
or private entities to fulfill specific council business. Such	5809
agreements and contracts are exempt from the competitive bidding	5810
requirements of section 307.86 of the Revised Code if they have	5811
been approved by the county council and they are for the purchase	5812
of family and child welfare or child protection services or other	5813
social or job and family services for families and children. The	5814
approval of the county council is not required to exempt	5815
agreements or contracts entered into under section 5139.34,	5816
5139.41, or 5139.43 of the Revised Code from the competitive	5817
bidding requirements of section 307.86 of the Revised Code.	5818

(ii) As determined by the council, provide financial	5819
stipends, reimbursements, or both, to family representatives for	5820
expenses related to council activity;	5821

(iii) Receive by gift, grant, devise, or bequest any moneys,	5822
lands, or other property for the purposes for which the council is	5823
established. The agent shall hold, apply, and dispose of the	5824
moneys, lands, or other property according to the terms of the	5825
gift, grant, devise, or bequest. Any interest or earnings shall be	5826
treated in the same manner and are subject to the same terms as	5827
the gift, grant, devise, or bequest from which it accrues.	5828

(b)(i) If the county council designates the board of county	5829
commissioners as its administrative agent, the board may, by	5830
resolution, delegate any of its powers and duties as	5831
administrative agent to an executive committee the board	5832
establishes from the membership of the county council. The board	5833
shall name to the executive committee at least the individuals	5834
described in divisions (B)(1)(b) to (h) of this section and may	5835
appoint the president of the board or another individual as the	5836
chair of the executive committee. The executive committee must	5837
include at least one family county council representative who does	5838
not have a family member employed by an agency represented on the	5839
council.	5840

(ii) The executive committee may, with the approval of the	5841
board, hire an executive director to assist the county council in	5842
administering its powers and duties. The executive director shall	5843
serve in the unclassified civil service at the pleasure of the	5844
executive committee. The executive director may, with the approval	5845
of the executive committee, hire other employees as necessary to	5846
properly conduct the county council's business.	5847

(iii) The board may require the executive committee to submit	5848
an annual budget to the board for approval and may amend or repeal	5849
the resolution that delegated to the executive committee its	5850
authority as the county council's administrative agent.	5851

(6) Two or more county councils may enter into an agreement	5852
to administer their county councils jointly by creating a regional	5853
family and children first council. A regional council possesses	5854
the same duties and authority possessed by a county council,	5855
except that the duties and authority apply regionally rather than	5856
to individual counties. Prior to entering into an agreement to	5857
create a regional council, the members of each county council to	5858
be part of the regional council shall meet to determine whether	5859
all or part of the members of each county council will serve as	5860
members of the regional council.	5861

(7) A board of county commissioners may approve a resolution	5862
by a majority vote of the board's members that requires the county	5863
council to submit a statement to the board each time the council	5864
proposes to enter into an agreement, adopt a plan, or make a	5865
decision, other than a decision pursuant to section 121.38 of the	5866
Revised Code, that requires the expenditure of funds for two or	5867
more families. The statement shall describe the proposed	5868
agreement, plan, or decision.	5869

Not later than fifteen days after the board receives the	5870
statement, it shall, by resolution approved by a majority of its	5871
members, approve or disapprove the agreement, plan, or decision.	5872
Failure of the board to pass a resolution during that time period	5873
shall be considered approval of the agreement, plan, or decision.	5874

An agreement, plan, or decision for which a statement is	5875
required to be submitted to the board shall be implemented only if	5876
it is approved by the board.	5877

(C) Each county shall develop a county service coordination	5878
mechanism. The county service coordination mechanism shall serve	5879
as the guiding document for coordination of services in the	5880
county. For children who also receive services under the help me	5881
grow program, the service coordination mechanism shall be	5882
consistent with rules adopted by the department of health under	5883
section 3701.61 of the Revised Code. All family service	5884
coordination plans shall be developed in accordance with the	5885
county service coordination mechanism. The mechanism shall be	5886
developed and approved with the participation of the county	5887
entities representing child welfare; mental retardation and	5888
developmental disabilities; alcohol, drug addiction, and mental	5889
health services; health; juvenile judges; education; the county	5890
family and children first council; and the county early	5891
intervention collaborative established pursuant to the federal	5892
early intervention program operated under the "Individuals with	5893
Disabilities Education Act of 2004." The county shall establish an	5894
implementation schedule for the mechanism. The cabinet council may	5895
monitor the implementation and administration of each county's	5896
service coordination mechanism.	5897

Each mechanism shall include all of the following:

5898

(1) A procedure for an agency, including a juvenile court, or	5899
a family voluntarily seeking service coordination, to refer the	5900
child and family to the county council for service coordination in	5901
accordance with the mechanism;	5902

(2) A procedure ensuring that a family and all appropriate	5903
staff from involved agencies, including a representative from the	5904
appropriate school district, are notified of and invited to	5905
participate in all family service coordination plan meetings;	5906

(3) A procedure that permits a family to initiate a meeting	5907
to develop or review the family's service coordination plan and	5908
allows the family to invite a family advocate, mentor, or support	5909
person of the family's choice to participate in any such meeting;	5910

(4) A procedure for ensuring that a family service	5911
coordination plan meeting is conducted for each child who receives	5912
service coordination under the mechanism and for whom an emergency	5913
out-of-home placement has been made or for whom a nonemergency	5914
out-of-home placement is being considered. The meeting shall be	5915
conducted within ten days of an emergency out-of-home placement.	5916
The meeting shall be conducted before a nonemergency out-of-home	5917
placement. The family service coordination plan shall outline how	5918
the county council members will jointly pay for services, where	5919
applicable, and provide services in the least restrictive	5920
environment.	5921

(5) A procedure for monitoring the progress and tracking the	5922
outcomes of each service coordination plan requested in the county	5923
including monitoring and tracking children in out-of-home	5924
placements to assure continued progress, appropriateness of	5925
placement, and continuity of care after discharge from placement	5926
with appropriate arrangements for housing, treatment, and	5927
education.;	5928

(6) A procedure for protecting the confidentiality of all	5929
personal family information disclosed during service coordination	5930
meetings or contained in the comprehensive family service	5931
coordination plan.;	5932

(7) A procedure for assessing the needs and strengths of any	5933
child or family that has been referred to the council for service	5934
coordination, including a child whose parent or custodian is	5935
voluntarily seeking services, and for ensuring that parents and	5936
custodians are afforded the opportunity to participate;	5937

(8) A procedure for development of a family service	5938
coordination plan described in division (D) of this section;	5939

(9) A local dispute resolution process to serve as the	5940
process that must be used first to resolve disputes among the	5941
agencies represented on the county council concerning the	5942
provision of services to children, including children who are	5943
abused, neglected, dependent, unruly, alleged unruly, or	5944
delinquent children and under the jurisdiction of the juvenile	5945
court and children whose parents or custodians are voluntarily	5946
seeking services. The local dispute resolution process shall	5947
comply with sections 121.38, 121.381, and 121.382 of the Revised	5948
Code. The local dispute resolution process shall be used to	5949
resolve disputes between a child's parents or custodians and the	5950
county council regarding service coordination. The county council	5951
shall inform the parents or custodians of their right to use the	5952
dispute resolution process. Parents or custodians shall use	5953
existing local agency grievance procedures to address disputes not	5954
involving service coordination. The dispute resolution process is	5955
in addition to and does not replace other rights or procedures	5956
that parents or custodians may have under other sections of the	5957
Revised Code.	5958

The cabinet council shall adopt rules in accordance with	5959
Chapter 119. of the Revised Code establishing an administrative	5960
review process to address problems that arise concerning the	5961
operation of a local dispute resolution process.	5962

Nothing in division (C)(4) of this section shall be	5963
interpreted as overriding or affecting decisions of a juvenile	5964
court regarding an out-of-home placement, long-term placement, or	5965
emergency out-of-home placement.	5966

(D) Each county shall develop a family service coordination	5967
plan that does all of the following:	5968

(1) Designates service responsibilities among the various	5969
state and local agencies that provide services to children and	5970
their families, including children who are abused, neglected,	5971
dependent, unruly, or delinquent children and under the	5972
jurisdiction of the juvenile court and children whose parents or	5973
custodians are voluntarily seeking services;	5974

(2) Designates an individual, approved by the family, to	5975
track the progress of the family service coordination plan,	5976
schedule reviews as necessary, and facilitate the family service	5977
coordination plan meeting process;	5978

(3) Ensures that assistance and services to be provided are	5979
responsive to the strengths and needs of the family, as well as	5980
the family's culture, race, and ethnic group, by allowing the	5981
family to offer information and suggestions and participate in	5982
decisions. Identified assistance and services shall be provided in	5983
the least restrictive environment possible.	5984

(4) Includes a process for dealing with a child who is	5985
alleged to be an unruly child. The process shall include methods	5986
to divert the child from the juvenile court system;	5987

(5) Includes timelines for completion of goals specified in	5988
the plan with regular reviews scheduled to monitor progress toward	5989
those goals;	5990

(6) Includes a plan for dealing with short-term crisis	5991
situations and safety concerns.	5992

(E)(1) The process provided for under division (D)(4) of this	5993
section may include, but is not limited to, the following:	5994

(a) Designation of the person or agency to conduct the	5995
assessment of the child and the child's family as described in	5996
division (C)(7) of this section and designation of the instrument	5997
or instruments to be used to conduct the assessment;	5998

(b) An emphasis on the personal responsibilities of the child	5999
and the parental responsibilities of the parents, guardian, or	6000
custodian of the child;	6001

(c) Involvement of local law enforcement agencies and	6002
officials.	6003

(2) The method to divert a child from the juvenile court	6004
system that must be included in the service coordination process	6005
may include, but is not limited to, the following:	6006

(a) The preparation of a complaint under section 2151.27 of	6007
the Revised Code alleging that the child is an unruly child and	6008
notifying the child and the parents, guardian, or custodian that	6009
the complaint has been prepared to encourage the child and the	6010
parents, guardian, or custodian to comply with other methods to	6011
divert the child from the juvenile court system;	6012

(b) Conducting a meeting with the child, the parents,	6013
guardian, or custodian, and other interested parties to determine	6014
the appropriate methods to divert the child from the juvenile	6015
court system;	6016

(c) A method to provide to the child and the child's family a	6017
short-term respite from a short-term crisis situation involving a	6018
confrontation between the child and the parents, guardian, or	6019
custodian;	6020

(d) A program to provide a mentor to the child or the	6021
parents, guardian, or custodian;	6022

(e) A program to provide parenting education to the parents,	6023
guardian, or custodian;	6024

(f) An alternative school program for children who are truant	6025
from school, repeatedly disruptive in school, or suspended or	6026
expelled from school;	6027

(g) Other appropriate measures, including, but not limited	6028
to, any alternative methods to divert a child from the juvenile	6029
court system that are identified by the Ohio family and children	6030
first cabinet council.	6031

(F) Each county may review and revise the service	6032
coordination process described in division (D) of this section	6033
based on the availability of funds under Title IV-A of the "Social	6034
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	6035
or to the extent resources are available from any other federal,	6036
state, or local funds.	6037

Sec. 121.372. (A) As used in this section, "substitute care	6038
provider" means any of the following:	6039

(1) ~~An alcohol and drug~~A community addiction ~~program~~	6040
services provider subject to certification under section ~~3793.06~~	6041
5119.36 of the Revised Code;	6042

(2) An institution or association subject to certification	6043
under section 5103.03 of the Revised Code;	6044

(3) A residential facility subject to licensure under section	6045
~~5119.22~~5119.34 of the Revised Code;	6046

(4) A residential facility subject to licensure under section	6047
5123.19 of the Revised Code.	6048

(B) Not later than ninety days after ~~the effective date of~~	6049
~~this section~~March 18, 1999, the members of the Ohio family and	6050
children first cabinet council, other than the director of budget	6051
and management, shall enter into an agreement to establish an	6052
office to perform the duties prescribed by division (C) of this	6053
section. The agreement shall specify one of the departments	6054
represented on the council as the department responsible for	6055
housing and supervising the office. The agreement shall include	6056
the recommendation of the council for funding the office.	6057

(C) The office established pursuant to the agreement entered	6058
into under this section shall review rules governing the	6059
certification and licensure of substitute care providers and	6060
determine which of the rules can be made substantively identical	6061
or more similar in order to minimize the number of differing	6062
certification and licensure standards and simplify the	6063
certification or licensure process for substitute care providers	6064
seeking certification or licensure from two or more of the	6065
departments represented on the council. The office shall provide	6066
county family and children first councils, substitute care	6067
providers, and persons interested in substitute care providers the	6068
opportunity to help the office with the review and determination.	6069
The office shall report its findings to the council. Each of the	6070
departments represented on the council that has adopted rules	6071
governing the certification or licensure of substitute care	6072
providers shall review the report and amend the rules as that	6073
department considers appropriate, except that no rule shall be	6074
amended so as to make it inconsistent with substitute care	6075
provider certification or licensure procedures and standards	6076
established by federal or state law. A department shall give	6077
priority to amendments that will not increase the department's	6078
administrative costs. In amending a rule, a department shall	6079
comply with Chapter 119. or section 111.15 of the Revised Code, as	6080
required by the Revised Code section governing the adoption of the	6081
particular rule.	6082

(D) In accordance with section 124.27 of the Revised Code,	6083
the council shall select a coordinator to oversee the office	6084
established pursuant to the agreement entered into under this	6085
section. The coordinator shall be in the classified service. In	6086
addition to overseeing the office, the coordinator shall perform	6087
any other duties the council assigns to the coordinator. The	6088
duties the council assigns to the coordinator shall be related to	6089
the duties of the office under division (C) of this section.	6090

Sec. 121.483. A deputy inspector general appointed under	6091
section 121.48 of the Revised Code, who has been awarded a	6092
certificate by the executive director of the Ohio peace officer	6093
training commission attesting to the person's satisfactory	6094
completion of an approved state, county, or municipal peace	6095
officer basic training program, shall have the power and authority	6096
of a peace officer under the laws of this state while engaged in	6097
the scope of the deputy inspector general's duties.	6098

Sec. 122.075. (A) As used in this section:

6099

(1) "Alternative fuel" has the same meaning as in section	6100
125.831 of the Revised Code.	6101

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	6102
fuel that is derived from vegetable oils or animal fats, or any	6103
combination of those reagents, and that meets American society for	6104
testing and materials specification D6751-03a for biodiesel fuel	6105
(B100) blend stock distillate fuels.	6106

(3) "Diesel fuel" and "gasoline" have the same meanings as in	6107
section 5735.01 of the Revised Code.	6108

(4) "Ethanol" has the same meaning as in section 5733.46 of	6109
the Revised Code.	6110

(5) "Blended biodiesel" means diesel fuel containing at least	6111
twenty per cent biodiesel by volume.	6112

(6) "Blended gasoline" means gasoline containing at least	6113
eighty-five per cent ethanol by volume.	6114

(7) "Incremental cost" means either of the following:

6115

(a) The difference in cost between blended gasoline and	6116
gasoline containing ten per cent or less ethanol at the time that	6117
the blended gasoline is purchased;	6118

(b) The difference in cost between blended biodiesel and	6119
diesel fuel containing two per cent or less biodiesel at the time	6120
that the blended biodiesel is purchased.	6121

(B) For the purpose of improving the air quality in this	6122
state, the director of development services shall establish an	6123
alternative fuel transportation program under which the director	6124
may make grants and loans to businesses, nonprofit organizations,	6125
public school systems, or local governments for the purchase and	6126
installation of alternative fuel refueling or distribution	6127
facilities and terminals, for the purchase and use of alternative	6128
fuel, to pay the cost of fleet conversion, and to pay the costs of	6129
educational and promotional materials and activities intended for	6130
prospective alternative fuel consumers, fuel marketers, and others	6131
in order to increase the availability and use of alternative fuel.	6132

(C) The director, in consultation with the director of	6133
agriculture, shall adopt rules in accordance with Chapter 119. of	6134
the Revised Code that are necessary for the administration of the	6135
alternative fuel transportation program. The rules shall establish	6136
at least all of the following:	6137

(1) An application form and procedures governing the	6138
application process for receiving funds under the program;	6139

(2) A procedure for prioritizing the award of grants and	6140
loans under the program. The procedures shall give preference to	6141
all of the following:	6142

(a) Publicly accessible refueling facilities;

6143

(b) Entities applying to the program that have secured	6144
funding from other sources, including, but not limited to, private	6145
or federal incentives;	6146

(c) Entities that have presented compelling evidence of	6147
demand in the market in which the facilities or terminals will be	6148
located;	6149

(d) Entities that have committed to utilizing purchased or	6150
installed facilities or terminals for the greatest number of	6151
years;	6152

(e) Entities that will be purchasing or installing facilities	6153
or terminals for any type of alternative fuel.	6154

(3) A requirement that the maximum incentive for the purchase	6155
and installation of an alternative fuel refueling or distribution	6156
facility or terminal be eighty per cent of the cost of the	6157
facility or terminal, except that at least twenty per cent of the	6158
total ~~net~~ cost of the facility or terminal shall be incurred by	6159
the recipient and not compensated for by any other source;	6160

(4) A requirement that the maximum incentive for the purchase	6161
of alternative fuel be eighty per cent of the cost of the fuel or,	6162
in the case of blended biodiesel or blended gasoline, eighty per	6163
cent of the incremental cost of the blended biodiesel or blended	6164
gasoline;	6165

(5) Any other criteria, procedures, or guidelines that the	6166
director determines are necessary to administer the program,	6167
including fees, charges, interest rates, and payment schedules.	6168

(D) An applicant for a grant or loan under this section that	6169
sells motor vehicle fuel at retail shall agree that if the	6170
applicant receives funding, the applicant will report to the	6171
director the gallon or gallon equivalent amounts of alternative	6172
fuel the applicant sells at retail in this state for a period of	6173
three years after the project is completed.	6174

The director shall enter into a written confidentiality	6175
agreement with the applicant regarding the gallon or gallon	6176
equivalent amounts sold as described in this division, and upon	6177
execution of the agreement this information is not a public	6178
record.	6179

(E) There is hereby created in the state treasury the	6180
alternative fuel transportation fund. The fund shall consist of	6181
money transferred to the fund under division ~~(C)~~(B) of section	6182
125.836 and under division (B)(2) of section 3706.27 of the	6183
Revised Code, money that is appropriated to it by the general	6184
assembly, ~~and~~ money as may be specified by the general assembly	6185
from the advanced energy fund created by section 4928.61 of the	6186
Revised Code, and all money received from the repayment of loans	6187
made from the fund or in the event of a default on any such loan.	6188
Money in the fund shall be used to make grants and loans under the	6189
alternative fuel transportation program and by the director in the	6190
administration of that program.	6191

Sec. 122.083. (A) The director of development shall	6192
administer a shovel ready sites program to provide grants for	6193
projects to port authorities and development entities approved by	6194
the director. Grants may be used to pay the costs of any or all of	6195
the following:	6196

(1) Acquisition of property, including options;

6197

(2) Preparation of sites, including brownfield clean-up	6198
activities;	6199

(3) Construction of road, water, telecommunication, and	6200
utility infrastructure;	6201

(4) Payment of professional fees the amount of which shall	6202
not exceed twenty per cent of the grant amount for a project.	6203

(B) The director shall adopt rules in accordance with Chapter	6204
119. of the Revised Code that establish procedures and	6205
requirements necessary for the administration of the program,	6206
including a requirement that a recipient of a grant enter into an	6207
agreement with the director governing the use of the grant.	6208

~~(C) There is hereby created in the state treasury the shovel~~	6209
~~ready sites fund consisting of money appropriated to it. Money in~~	6210
~~the fund shall be used solely for the purposes of this section.~~	6211

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

6212

(1) "Income tax revenue" means the total amount withheld	6213
under section 5747.06 of the Revised Code by the taxpayer during	6214
the taxable year, or during the calendar year that includes the	6215
tax period, from the compensation of each employee or each	6216
home-based employee employed in the project to the extent the	6217
employee's withholdings are not used to determine the credit under	6218
section 122.171 of the Revised Code. "Income tax revenue" excludes	6219
amounts withheld before the day the taxpayer becomes eligible for	6220
the credit.	6221

(2) "Baseline income tax revenue" means income tax revenue	6222
except that the applicable withholding period is the twelve months	6223
immediately preceding the date the tax credit authority approves	6224
the taxpayer's application or the date the tax credit authority	6225
receives the recommendation described in division (C)(2)(a) of	6226
this section, whichever occurs first, multiplied by the sum of one	6227
plus an annual pay increase factor to be determined by the tax	6228
credit authority. If the taxpayer becomes eligible for the credit	6229
after the first day of the taxpayer's taxable year or after the	6230
first day of the calendar year that includes the tax period, the	6231
taxpayer's baseline income tax revenue for the first such taxable	6232
or calendar year of credit eligibility shall be reduced in	6233
proportion to the number of days during the taxable or calendar	6234
year for which the taxpayer was not eligible for the credit. For	6235
subsequent taxable or calendar years, "baseline income tax	6236
revenue" equals the unreduced baseline income tax revenue for the	6237
preceding taxable or calendar year multiplied by the sum of one	6238
plus the pay increase factor.	6239

(3) "Excess income tax revenue" means income tax revenue	6240
minus baseline income tax revenue.	6241

(4) "Home-based employee" means an employee whose services	6242
are performed primarily from the employee's residence in this	6243
state exclusively for the benefit of the project and whose rate of	6244
pay is at least one hundred thirty-one per cent of the federal	6245
minimum wage under 29 U.S.C. 206.	6246

(B) The tax credit authority may make grants under this	6247
section to foster job creation in this state. Such a grant shall	6248
take the form of a refundable credit allowed against the tax	6249
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	6250
or levied under Chapter 5751. of the Revised Code. The credit	6251
shall be claimed for the taxable years or tax periods specified in	6252
the taxpayer's agreement with the tax credit authority under	6253
division (D) of this section. With respect to taxes imposed under	6254
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	6255
Revised Code, the credit shall be claimed in the order required	6256
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	6257
Code. The amount of the credit available for a taxable year or for	6258
a calendar year that includes a tax period equals the excess	6259
income tax revenue for that year multiplied by the percentage	6260
specified in the agreement with the tax credit authority. Any	6261
credit granted under this section against the tax imposed by	6262
section 5733.06 or 5747.02 of the Revised Code, to the extent not	6263
fully utilized against such tax for taxable years ending prior to	6264
2008, shall automatically be converted without any action taken by	6265
the tax credit authority to a credit against the tax levied under	6266
Chapter 5751. of the Revised Code for tax periods beginning on or	6267
after July 1, 2008, provided that the person to whom the credit	6268
was granted is subject to such tax. The converted credit shall	6269
apply to those calendar years in which the remaining taxable years	6270
specified in the agreement end.	6271

(C)(1) A taxpayer or potential taxpayer who proposes a	6272
project to create new jobs in this state may apply to the tax	6273
credit authority to enter into an agreement for a tax credit under	6274
this section.	6275

An application shall not propose to include both home-based	6276
employees and employees who are not home-based employees in the	6277
computation of income tax revenue for the purposes of the same tax	6278
credit agreement. If a taxpayer or potential taxpayer employs both	6279
home-based employees and employees who are not home-based	6280
employees in a project, the taxpayer shall submit separate	6281
applications for separate tax credit agreements for the project,	6282
one of which shall include home-based employees in the computation	6283
of income tax revenue and one of which shall include all other	6284
employees in the computation of income tax revenue.	6285

The director of development services shall prescribe the form	6286
of the application. After receipt of an application, the authority	6287
may enter into an agreement with the taxpayer for a credit under	6288
this section if it determines all of the following:	6289

(a) The taxpayer's project will increase payroll and income	6290
tax revenue;	6291

(b) The taxpayer's project is economically sound and will	6292
benefit the people of this state by increasing opportunities for	6293
employment and strengthening the economy of this state;	6294

(c) Receiving the tax credit is a major factor in the	6295
taxpayer's decision to go forward with the project.	6296

(2)(a) A taxpayer that chooses to begin the project prior to	6297
receiving the determination of the authority may, upon submitting	6298
the taxpayer's application to the authority, request that the	6299
chief investment officer of the nonprofit corporation formed under	6300
section 187.01 of the Revised Code and the director review the	6301
taxpayer's application and recommend to the authority that the	6302
taxpayer's application be considered. As soon as possible after	6303
receiving such a request, the chief investment officer and the	6304
director shall review the taxpayer's application and, if they	6305
determine that the application warrants consideration by the	6306
authority, make that recommendation to the authority not later	6307
than six months after the application is received by the	6308
authority.	6309

(b) The authority shall consider any taxpayer's application	6310
for which it receives a recommendation under division (C)(2)(a) of	6311
this section. If the authority determines that the taxpayer does	6312
not meet all of the criteria set forth in division (C)(1) of this	6313
section, the authority and the development services agency shall	6314
proceed in accordance with rules adopted by the director pursuant	6315
to division (I) of this section.	6316

(D) An agreement under this section shall include all of the	6317
following:	6318

(1) A detailed description of the project that is the subject	6319
of the agreement;	6320

(2)(a) The term of the tax credit, which, except as provided	6321
in division (D)(2)(b) of this section, shall not exceed fifteen	6322
years, and the first taxable year, or first calendar year that	6323
includes a tax period, for which the credit may be claimed;	6324

(b) If the tax credit is computed on the basis of home-based	6325
employees, the term of the credit shall expire on or before the	6326
last day of the taxable or calendar year ending before the	6327
beginning of the seventh year after September 6, 2012, the	6328
effective date of H.B. 327 of the 129th general assembly;.	6329

(3) A requirement that the taxpayer shall maintain operations	6330
at the project location for at least the greater of seven years or	6331
the term of the credit plus three years;	6332

(4) The percentage, as determined by the tax credit	6333
authority, of excess income tax revenue that will be allowed as	6334
the amount of the credit for each taxable year or for each	6335
calendar year that includes a tax period;	6336

(5) The pay increase factor to be applied to the taxpayer's	6337
baseline income tax revenue;	6338

(6) A requirement that the taxpayer annually shall report to	6339
the director of development services employment, tax withholding,	6340
investment, the provision of health care benefits and tuition	6341
reimbursement if required in the agreement, and other information	6342
the director needs to perform the director's duties under this	6343
section;	6344

(7) A requirement that the director of development services	6345
annually review the information reported under division (D)(6) of	6346
this section and verify compliance with the agreement; if the	6347
taxpayer is in compliance, a requirement that the director issue a	6348
certificate to the taxpayer stating that the information has been	6349
verified and identifying the amount of the credit that may be	6350
claimed for the taxable or calendar year;	6351

(8) A provision providing that the taxpayer may not relocate	6352
a substantial number of employment positions from elsewhere in	6353
this state to the project location unless the director of	6354
development services determines that the legislative authority of	6355
the county, township, or municipal corporation from which the	6356
employment positions would be relocated has been notified by the	6357
taxpayer of the relocation.	6358

For purposes of this section, the movement of an employment	6359
position from one political subdivision to another political	6360
subdivision shall be considered a relocation of an employment	6361
position unless the employment position in the first political	6362
subdivision is replaced.	6363

(9) If the tax credit is computed on the basis of home-based	6364
employees, that the tax credit may not be claimed by the taxpayer	6365
until the taxable year or tax period in which the taxpayer employs	6366
at least two hundred employees more than the number of employees	6367
the taxpayer employed on June 30, 2011.	6368

(E) If a taxpayer fails to meet or comply with any condition	6369
or requirement set forth in a tax credit agreement, the tax credit	6370
authority may amend the agreement to reduce the percentage or term	6371
of the tax credit. The reduction of the percentage or term may	6372
take effect in the current taxable or calendar year.	6373

(F) Projects that consist solely of point-of-final-purchase	6374
retail facilities are not eligible for a tax credit under this	6375
section. If a project consists of both point-of-final-purchase	6376
retail facilities and nonretail facilities, only the portion of	6377
the project consisting of the nonretail facilities is eligible for	6378
a tax credit and only the excess income tax revenue from the	6379
nonretail facilities shall be considered when computing the amount	6380
of the tax credit. If a warehouse facility is part of a	6381
point-of-final-purchase retail facility and supplies only that	6382
facility, the warehouse facility is not eligible for a tax credit.	6383
Catalog distribution centers are not considered	6384
point-of-final-purchase retail facilities for the purposes of this	6385
division, and are eligible for tax credits under this section.	6386

(G) Financial statements and other information submitted to	6387
the development services agency or the tax credit authority by an	6388
applicant or recipient of a tax credit under this section, and any	6389
information taken for any purpose from such statements or	6390
information, are not public records subject to section 149.43 of	6391
the Revised Code. However, the chairperson of the authority may	6392
make use of the statements and other information for purposes of	6393
issuing public reports or in connection with court proceedings	6394
concerning tax credit agreements under this section. Upon the	6395
request of the tax commissioner or, if the applicant or recipient	6396
is an insurance company, upon the request of the superintendent of	6397
insurance, the chairperson of the authority shall provide to the	6398
commissioner or superintendent any statement or information	6399
submitted by an applicant or recipient of a tax credit in	6400
connection with the credit. The commissioner or superintendent	6401
shall preserve the confidentiality of the statement or	6402
information.	6403

(H) A taxpayer claiming a credit under this section shall	6404
submit to the tax commissioner or, if the taxpayer is an insurance	6405
company, to the superintendent of insurance, a copy of the	6406
director of development services' certificate of verification	6407
under division (D)(7) of this section with the taxpayer's tax	6408
report or return for the taxable year or for the calendar year	6409
that includes the tax period. Failure to submit a copy of the	6410
certificate with the report or return does not invalidate a claim	6411
for a credit if the taxpayer submits a copy of the certificate to	6412
the commissioner or superintendent within sixty days after the	6413
commissioner or superintendent requests it.	6414

(I) The director of development services, after consultation	6415
with the tax commissioner and the superintendent of insurance and	6416
in accordance with Chapter 119. of the Revised Code, shall adopt	6417
rules necessary to implement this section, including rules that	6418
establish a procedure to be followed by the tax credit authority	6419
and the development services agency in the event the authority	6420
considers a taxpayer's application for which it receives a	6421
recommendation under division (C)(2)(a) of this section but does	6422
not approve it. The rules may provide for recipients of tax	6423
credits under this section to be charged fees to cover	6424
administrative costs of the tax credit program. The fees collected	6425
shall be credited to the business assistance fund created in	6426
section 122.174 of the Revised Code. At the time the director	6427
gives public notice under division (A) of section 119.03 of the	6428
Revised Code of the adoption of the rules, the director shall	6429
submit copies of the proposed rules to the chairpersons of the	6430
standing committees on economic development in the senate and the	6431
house of representatives.	6432

(J) For the purposes of this section, a taxpayer may include	6433
a partnership, a corporation that has made an election under	6434
subchapter S of chapter one of subtitle A of the Internal Revenue	6435
Code, or any other business entity through which income flows as a	6436
distributive share to its owners. A partnership, S-corporation, or	6437
other such business entity may elect to pass the credit received	6438
under this section through to the persons to whom the income or	6439
profit of the partnership, S-corporation, or other entity is	6440
distributed. The election shall be made on the annual report	6441
required under division (D)(6) of this section. The election	6442
applies to and is irrevocable for the credit for which the report	6443
is submitted. If the election is made, the credit shall be	6444
apportioned among those persons in the same proportions as those	6445
in which the income or profit is distributed.	6446

(K) If the director of development services determines that a	6447
taxpayer who has received a credit under this section is not	6448
complying with the requirement under division (D)(3) of this	6449
section, the director shall notify the tax credit authority of the	6450
noncompliance. After receiving such a notice, and after giving the	6451
taxpayer an opportunity to explain the noncompliance, the tax	6452
credit authority may require the taxpayer to refund to this state	6453
a portion of the credit in accordance with the following:	6454

(1) If the taxpayer maintained operations at the project	6455
location for a period less than or equal to the term of the	6456
credit, an amount not exceeding one hundred per cent of the sum of	6457
any credits allowed and received under this section;	6458

(2) If the taxpayer maintained operations at the project	6459
location for a period longer than the term of the credit, but less	6460
than the greater of seven years or the term of the credit plus	6461
three years, an amount not exceeding seventy-five per cent of the	6462
sum of any credits allowed and received under this section.	6463

In determining the portion of the tax credit to be refunded	6464
to this state, the tax credit authority shall consider the effect	6465
of market conditions on the taxpayer's project and whether the	6466
taxpayer continues to maintain other operations in this state.	6467
After making the determination, the authority shall certify the	6468
amount to be refunded to the tax commissioner or superintendent of	6469
insurance, as appropriate. If the amount is certified to the	6470
commissioner, the commissioner shall make an assessment for that	6471
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6472
5751. of the Revised Code. If the amount is certified to the	6473
superintendent, the superintendent shall make an assessment for	6474
that amount against the taxpayer under Chapter 5725. or 5729. of	6475
the Revised Code. The time limitations on assessments under those	6476
chapters do not apply to an assessment under this division, but	6477
the commissioner or superintendent, as appropriate, shall make the	6478
assessment within one year after the date the authority certifies	6479
to the commissioner or superintendent the amount to be refunded.	6480

(L) On or before the first day of August each year, the	6481
director of development services shall submit a report to the	6482
governor, the president of the senate, and the speaker of the	6483
house of representatives on the tax credit program under this	6484
section. The report shall include information on the number of	6485
agreements that were entered into under this section during the	6486
preceding calendar year, a description of the project that is the	6487
subject of each such agreement, and an update on the status of	6488
projects under agreements entered into before the preceding	6489
calendar year.	6490

(M) There is hereby created the tax credit authority, which	6491
consists of the director of development services and four other	6492
members appointed as follows: the governor, the president of the	6493
senate, and the speaker of the house of representatives each shall	6494
appoint one member who shall be a specialist in economic	6495
development; the governor also shall appoint a member who is a	6496
specialist in taxation. Of the initial appointees, the members	6497
appointed by the governor shall serve a term of two years; the	6498
members appointed by the president of the senate and the speaker	6499
of the house of representatives shall serve a term of four years.	6500
Thereafter, terms of office shall be for four years. Initial	6501
appointments to the authority shall be made within thirty days	6502
after January 13, 1993. Each member shall serve on the authority	6503
until the end of the term for which the member was appointed.	6504
Vacancies shall be filled in the same manner provided for original	6505
appointments. Any member appointed to fill a vacancy occurring	6506
prior to the expiration of the term for which the member's	6507
predecessor was appointed shall hold office for the remainder of	6508
that term. Members may be reappointed to the authority. Members of	6509
the authority shall receive their necessary and actual expenses	6510
while engaged in the business of the authority. The director of	6511
development services shall serve as chairperson of the authority,	6512
and the members annually shall elect a vice-chairperson from among	6513
themselves. Three members of the authority constitute a quorum to	6514
transact and vote on the business of the authority. The majority	6515
vote of the membership of the authority is necessary to approve	6516
any such business, including the election of the vice-chairperson.	6517

The director of development services may appoint a	6518
professional employee of the development services agency to serve	6519
as the director's substitute at a meeting of the authority. The	6520
director shall make the appointment in writing. In the absence of	6521
the director from a meeting of the authority, the appointed	6522
substitute shall serve as chairperson. In the absence of both the	6523
director and the director's substitute from a meeting, the	6524
vice-chairperson shall serve as chairperson.	6525

(N) For purposes of the credits granted by this section	6526
against the taxes imposed under sections 5725.18 and 5729.03 of	6527
the Revised Code, "taxable year" means the period covered by the	6528
taxpayer's annual statement to the superintendent of insurance.	6529

(O) On or before the first day of ~~January~~March of each of	6530
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6531
~~of the 129th general assembly becomeseffective~~beginning with	6532
2014, each taxpayer subject to an agreement with the tax credit	6533
authority under this section on the basis of home-based employees	6534
shall report the number of home-based employees and other	6535
employees employed by the taxpayer in this state to the ~~department~~	6536
of development services agency.	6537

(P) On or before the first day of January of ~~the seventh~~	6538
~~calendar year following the year in which H.B. 327 of the 129th~~	6539
~~general assembly became effective~~2019, the director of	6540
development services shall submit a report to the governor, the	6541
president of the senate, and the speaker of the house of	6542
representatives on the effect of agreements entered into under	6543
this section in which the taxpayer included home-based employees	6544
in the computation of income tax revenue. The report shall include	6545
information on the number of such agreements that were entered	6546
into in the preceding six years, a description of the projects	6547
that were the subjects of such agreements, and an analysis of	6548
nationwide home-based employment trends, including the number of	6549
home-based jobs created from July 1, 2011, through June 30, 2017,	6550
and a description of any home-based employment tax incentives	6551
provided by other states during that time.	6552

(Q) The director of development services may require any	6553
agreement entered into under this section for a tax credit	6554
computed on the basis of home-based employees to contain a	6555
provision that the taxpayer makes available health care benefits	6556
and tuition reimbursement to all employees.	6557

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

6558

(1) "Capital investment project" means a plan of investment	6559
at a project site for the acquisition, construction, renovation,	6560
or repair of buildings, machinery, or equipment, or for	6561
capitalized costs of basic research and new product development	6562
determined in accordance with generally accepted accounting	6563
principles, but does not include any of the following:	6564

(a) Payments made for the acquisition of personal property	6565
through operating leases;	6566

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

6567

(c) Payments made to a related member as defined in section	6568
5733.042 of the Revised Code or to a consolidated elected taxpayer	6569
or a combined taxpayer as defined in section 5751.01 of the	6570
Revised Code.	6571

(2) "Eligible business" means a taxpayer and its related	6572
members with Ohio operations satisfying all of the following:	6573

(a) The taxpayer employs at least five hundred full-time	6574
equivalent employees or has an annual payroll of at least	6575
thirty-five million dollars at the time the tax credit authority	6576
grants the tax credit under this section;	6577

(b) The taxpayer makes or causes to be made payments for the	6578
capital investment project of one of the following:	6579

(i) If the taxpayer is engaged at the project site primarily	6580
as a manufacturer, at least fifty million dollars in the aggregate	6581
at the project site during a period of three consecutive calendar	6582
years, including the calendar year that includes a day of the	6583
taxpayer's taxable year or tax period with respect to which the	6584
credit is granted;	6585

(ii) If the taxpayer is engaged at the project site primarily	6586
in significant corporate administrative functions, as defined by	6587
the director of development services by rule, at least twenty	6588
million dollars in the aggregate at the project site during a	6589
period of three consecutive calendar years including the calendar	6590
year that includes a day of the taxpayer's taxable year or tax	6591
period with respect to which the credit is granted;	6592

(iii) If the taxpayer is applying to enter into an agreement	6593
for a tax credit authorized under division (B)(3) of this section,	6594
at least five million dollars in the aggregate at the project site	6595
during a period of three consecutive calendar years, including the	6596
calendar year that includes a day of the taxpayer's taxable year	6597
or tax period with respect to which the credit is granted.	6598

(c) The taxpayer had a capital investment project reviewed	6599
and approved by the tax credit authority as provided in divisions	6600
(C), (D), and (E) of this section.	6601

(3) "Full-time equivalent employees" means the quotient	6602
obtained by dividing the total number of hours for which employees	6603
were compensated for employment in the project by two thousand	6604
eighty. "Full-time equivalent employees" shall exclude hours that	6605
are counted for a credit under section 122.17 of the Revised Code.	6606

(4) "Income tax revenue" means the total amount withheld	6607
under section 5747.06 of the Revised Code by the taxpayer during	6608
the taxable year, or during the calendar year that includes the	6609
tax period, from the compensation of all employees employed in the	6610
project whose hours of compensation are included in calculating	6611
the number of full-time equivalent employees.	6612

(5) "Manufacturer" has the same meaning as in section	6613
5739.011 of the Revised Code.	6614

(6) "Project site" means an integrated complex of facilities	6615
in this state, as specified by the tax credit authority under this	6616
section, within a fifteen-mile radius where a taxpayer is	6617
primarily operating as an eligible business.	6618

(7) "Related member" has the same meaning as in section	6619
5733.042 of the Revised Code as that section existed on the	6620
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6621
general assembly, September 29, 1997.	6622

(8) "Taxable year" includes, in the case of a domestic or	6623
foreign insurance company, the calendar year ending on the	6624
thirty-first day of December preceding the day the superintendent	6625
of insurance is required to certify to the treasurer of state	6626
under section 5725.20 or 5729.05 of the Revised Code the amount of	6627
taxes due from insurance companies.	6628

(B) The tax credit authority created under section 122.17 of	6629
the Revised Code may grant tax credits under this section for the	6630
purpose of fostering job retention in this state. Upon application	6631
by an eligible business and upon consideration of the	6632
recommendation of the director of budget and management, tax	6633
commissioner, the superintendent of insurance in the case of an	6634
insurance company, and director of development services under	6635
division (C) of this section, the tax credit authority may grant	6636
the following credits against the tax imposed by section 5725.18,	6637
5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised	6638
Code:	6639

(1) A nonrefundable credit to an eligible business;

6640

(2) A refundable credit to an eligible business meeting the	6641
following conditions, provided that the director of budget and	6642
management, tax commissioner, superintendent of insurance in the	6643
case of an insurance company, and director of development services	6644
have recommended the granting of the credit to the tax credit	6645
authority before July 1, 2011:	6646

(a) The business retains at least one thousand full-time	6647
equivalent employees at the project site.	6648

(b) The business makes or causes to be made payments for a	6649
capital investment project of at least twenty-five million dollars	6650
in the aggregate at the project site during a period of three	6651
consecutive calendar years, including the calendar year that	6652
includes a day of the business' taxable year or tax period with	6653
respect to which the credit is granted.	6654

(c) In 2010, the business received a written offer of	6655
financial incentives from another state of the United States that	6656
the director determines to be sufficient inducement for the	6657
business to relocate the business' operations from this state to	6658
that state.	6659

(3) A refundable credit to an eligible business with a total	6660
annual payroll of at least twenty million dollars, provided that	6661
the tax credit authority grants the tax credit on or after July 1,	6662
2011, and before January 1, 2014.	6663

The credits authorized in divisions (B)(1), (2), and (3) of	6664
this section may be granted for a period up to fifteen taxable	6665
years or, in the case of the tax levied by section 5751.02 of the	6666
Revised Code, for a period of up to fifteen calendar years. The	6667
credit amount for a taxable year or a calendar year that includes	6668
the tax period for which a credit may be claimed equals the income	6669
tax revenue for that year multiplied by the percentage specified	6670
in the agreement with the tax credit authority. The percentage may	6671
not exceed seventy-five per cent. The credit shall be claimed in	6672
the order required under section 5725.98, 5726.98, 5729.98,	6673
5733.98, 5747.98, or 5751.98 of the Revised Code. In determining	6674
the percentage and term of the credit, the tax credit authority	6675
shall consider both the number of full-time equivalent employees	6676
and the value of the capital investment project. The credit amount	6677
may not be based on the income tax revenue for a calendar year	6678
before the calendar year in which the tax credit authority	6679
specifies the tax credit is to begin, and the credit shall be	6680
claimed only for the taxable years or tax periods specified in the	6681
eligible business' agreement with the tax credit authority. In no	6682
event shall the credit be claimed for a taxable year or tax period	6683
terminating before the date specified in the agreement. Any credit	6684
granted under this section against the tax imposed by section	6685
5733.06 or 5747.02 of the Revised Code, to the extent not fully	6686
utilized against such tax for taxable years ending prior to 2008,	6687
shall automatically be converted without any action taken by the	6688
tax credit authority to a credit against the tax levied under	6689
Chapter 5751. of the Revised Code for tax periods beginning on or	6690
after July 1, 2008, provided that the person to whom the credit	6691
was granted is subject to such tax. The converted credit shall	6692
apply to those calendar years in which the remaining taxable years	6693
specified in the agreement end.	6694

If a nonrefundable credit allowed under division (B)(1) of	6695
this section for a taxable year or tax period exceeds the	6696
taxpayer's tax liability for that year or period, the excess may	6697
be carried forward for the three succeeding taxable or calendar	6698
years, but the amount of any excess credit allowed in any taxable	6699
year or tax period shall be deducted from the balance carried	6700
forward to the succeeding year or period.	6701

(C) A taxpayer that proposes a capital investment project to	6702
retain jobs in this state may apply to the tax credit authority to	6703
enter into an agreement for a tax credit under this section. The	6704
director of development services shall prescribe the form of the	6705
application. After receipt of an application, the authority shall	6706
forward copies of the application to the director of budget and	6707
management, the tax commissioner, the superintendent of insurance	6708
in the case of an insurance company, and the director of	6709
development services, each of whom shall review the application to	6710
determine the economic impact the proposed project would have on	6711
the state and the affected political subdivisions and shall submit	6712
a summary of their determinations and recommendations to the	6713
authority.	6714

(D) Upon review and consideration of the determinations and	6715
recommendations described in division (C) of this section, the tax	6716
credit authority may enter into an agreement with the taxpayer for	6717
a credit under this section if the authority determines all of the	6718
following:	6719

(1) The taxpayer's capital investment project will result in	6720
the retention of employment in this state.	6721

(2) The taxpayer is economically sound and has the ability to	6722
complete the proposed capital investment project.	6723

(3) The taxpayer intends to and has the ability to maintain	6724
operations at the project site for at least the greater of (a) the	6725
term of the credit plus three years, or (b) seven years.	6726

(4) Receiving the credit is a major factor in the taxpayer's	6727
decision to begin, continue with, or complete the project.	6728

(5) If the taxpayer is applying to enter into an agreement	6729
for a tax credit authorized under division (B)(3) of this section,	6730
the taxpayer's capital investment project will be located in the	6731
political subdivision in which the taxpayer maintains its	6732
principal place of business or maintains a unit or division with	6733
at least four thousand two hundred employees at the project site.	6734

(E) An agreement under this section shall include all of the	6735
following:	6736

(1) A detailed description of the project that is the subject	6737
of the agreement, including the amount of the investment, the	6738
period over which the investment has been or is being made, the	6739
number of full-time equivalent employees at the project site, and	6740
the anticipated income tax revenue to be generated.	6741

(2) The term of the credit, the percentage of the tax credit,	6742
the maximum annual value of tax credits that may be allowed each	6743
year, and the first year for which the credit may be claimed.	6744

(3) A requirement that the taxpayer maintain operations at	6745
the project site for at least the greater of (a) the term of the	6746
credit plus three years, or (b) seven years.	6747

(4)(a) In the case of a credit granted under division (B)(1)	6748
of this section, a requirement that the taxpayer retain at least	6749
five hundred full-time equivalent employees at the project site	6750
and within this state for the entire term of the credit, or a	6751
requirement that the taxpayer maintain an annual payroll of at	6752
least thirty-five million dollars for the entire term of the	6753
credit;	6754

(b) In the case of a credit granted under division (B)(2) of	6755
this section, a requirement that the taxpayer retain at least one	6756
thousand full-time equivalent employees at the project site and	6757
within this state for the entire term of the credit;	6758

(c) In the case of a credit granted under division (B)(3) of	6759
this section, either of the following:	6760

(i) A requirement that the taxpayer retain at least five	6761
hundred full-time equivalent employees at the project site and	6762
within this state for the entire term of the credit and a	6763
requirement that the taxpayer maintain an annual payroll of at	6764
least twenty million dollars for the entire term of the credit;	6765

(ii) A requirement that the taxpayer maintain an annual	6766
payroll of at least thirty-five million dollars for the entire	6767
term of the credit.	6768

(5) A requirement that the taxpayer annually report to the	6769
director of development services employment, tax withholding,	6770
capital investment, and other information the director needs to	6771
perform the director's duties under this section.	6772

(6) A requirement that the director of development services	6773
annually review the annual reports of the taxpayer to verify the	6774
information reported under division (E)(5) of this section and	6775
compliance with the agreement. Upon verification, the director	6776
shall issue a certificate to the taxpayer stating that the	6777
information has been verified and identifying the amount of the	6778
credit for the taxable year or calendar year that includes the tax	6779
period. In determining the number of full-time equivalent	6780
employees, no position shall be counted that is filled by an	6781
employee who is included in the calculation of a tax credit under	6782
section 122.17 of the Revised Code.	6783

(7) A provision providing that the taxpayer may not relocate	6784
a substantial number of employment positions from elsewhere in	6785
this state to the project site unless the director of development	6786
services determines that the taxpayer notified the legislative	6787
authority of the county, township, or municipal corporation from	6788
which the employment positions would be relocated.	6789

For purposes of this section, the movement of an employment	6790
position from one political subdivision to another political	6791
subdivision shall be considered a relocation of an employment	6792
position unless the movement is confined to the project site. The	6793
transfer of an employment position from one political subdivision	6794
to another political subdivision shall not be considered a	6795
relocation of an employment position if the employment position in	6796
the first political subdivision is replaced by another employment	6797
position.	6798

(8) A waiver by the taxpayer of any limitations periods	6799
relating to assessments or adjustments resulting from the	6800
taxpayer's failure to comply with the agreement.	6801

(F) If a taxpayer fails to meet or comply with any condition	6802
or requirement set forth in a tax credit agreement, the tax credit	6803
authority may amend the agreement to reduce the percentage or term	6804
of the credit. The reduction of the percentage or term may take	6805
effect in the current taxable or calendar year.	6806

(G) Financial statements and other information submitted to	6807
the department of development services or the tax credit authority	6808
by an applicant for or recipient of a tax credit under this	6809
section, and any information taken for any purpose from such	6810
statements or information, are not public records subject to	6811
section 149.43 of the Revised Code. However, the chairperson of	6812
the authority may make use of the statements and other information	6813
for purposes of issuing public reports or in connection with court	6814
proceedings concerning tax credit agreements under this section.	6815
Upon the request of the tax commissioner, or the superintendent of	6816
insurance in the case of an insurance company, the chairperson of	6817
the authority shall provide to the commissioner or superintendent	6818
any statement or other information submitted by an applicant for	6819
or recipient of a tax credit in connection with the credit. The	6820
commissioner or superintendent shall preserve the confidentiality	6821
of the statement or other information.	6822

(H) A taxpayer claiming a tax credit under this section shall	6823
submit to the tax commissioner or, in the case of an insurance	6824
company, to the superintendent of insurance, a copy of the	6825
director of development services' certificate of verification	6826
under division (E)(6) of this section with the taxpayer's tax	6827
report or return for the taxable year or for the calendar year	6828
that includes the tax period. Failure to submit a copy of the	6829
certificate with the report or return does not invalidate a claim	6830
for a credit if the taxpayer submits a copy of the certificate to	6831
the commissioner or superintendent within sixty days after the	6832
commissioner or superintendent requests it.	6833

(I) For the purposes of this section, a taxpayer may include	6834
a partnership, a corporation that has made an election under	6835
subchapter S of chapter one of subtitle A of the Internal Revenue	6836
Code, or any other business entity through which income flows as a	6837
distributive share to its owners. A partnership, S-corporation, or	6838
other such business entity may elect to pass the credit received	6839
under this section through to the persons to whom the income or	6840
profit of the partnership, S-corporation, or other entity is	6841
distributed. The election shall be made on the annual report	6842
required under division (E)(5) of this section. The election	6843
applies to and is irrevocable for the credit for which the report	6844
is submitted. If the election is made, the credit shall be	6845
apportioned among those persons in the same proportions as those	6846
in which the income or profit is distributed.	6847

(J) If the director of development services determines that a	6848
taxpayer that received a certificate under division (E)(6) of this	6849
section is not complying with the requirement under division	6850
(E)(3) of this section, the director shall notify the tax credit	6851
authority of the noncompliance. After receiving such a notice, and	6852
after giving the taxpayer an opportunity to explain the	6853
noncompliance, the authority may terminate the agreement and	6854
require the taxpayer, or any related member or members that	6855
claimed the tax credit under division (N) of this section, to	6856
refund to the state all or a portion of the credit claimed in	6857
previous years, as follows:	6858

(1) If the taxpayer maintained operations at the project site	6859
for less than or equal to the term of the credit, an amount not to	6860
exceed one hundred per cent of the sum of any tax credits allowed	6861
and received under this section.	6862

(2) If the taxpayer maintained operations at the project site	6863
longer than the term of the credit, but less than the greater of	6864
(a) the term of the credit plus three years, or (b) seven years,	6865
the amount required to be refunded shall not exceed seventy-five	6866
per cent of the sum of any tax credits allowed and received under	6867
this section.	6868

In determining the portion of the credit to be refunded to	6869
this state, the authority shall consider the effect of market	6870
conditions on the taxpayer's project and whether the taxpayer	6871
continues to maintain other operations in this state. After making	6872
the determination, the authority shall certify the amount to be	6873
refunded to the tax commissioner or the superintendent of	6874
insurance. If the taxpayer, or any related member or members who	6875
claimed the tax credit under division (N) of this section, is not	6876
an insurance company, the commissioner shall make an assessment	6877
for that amount against the taxpayer under Chapter 5726., 5733.,	6878
5747., or 5751. of the Revised Code. If the taxpayer, or any	6879
related member or members that claimed the tax credit under	6880
division (N) of this section, is an insurance company, the	6881
superintendent of insurance shall make an assessment under section	6882
5725.222 or 5729.102 of the Revised Code. The time limitations on	6883
assessments under those chapters and sections do not apply to an	6884
assessment under this division, but the commissioner or	6885
superintendent shall make the assessment within one year after the	6886
date the authority certifies to the commissioner or superintendent	6887
the amount to be refunded.	6888

(K) The director of development services, after consultation	6889
with the tax commissioner and the superintendent of insurance and	6890
in accordance with Chapter 119. of the Revised Code, shall adopt	6891
rules necessary to implement this section. The rules may provide	6892
for recipients of tax credits under this section to be charged	6893
fees to cover administrative costs of the tax credit program. The	6894
fees collected shall be credited to the business assistance fund	6895
created in section 122.174 of the Revised Code. At the time the	6896
director gives public notice under division (A) of section 119.03	6897
of the Revised Code of the adoption of the rules, the director	6898
shall submit copies of the proposed rules to the chairpersons of	6899
the standing committees on economic development in the senate and	6900
the house of representatives.	6901

(L) On or before the first day of August of each year, the	6902
director of development services shall submit a report to the	6903
governor, the president of the senate, and the speaker of the	6904
house of representatives on the tax credit program under this	6905
section. The report shall include information on the number of	6906
agreements that were entered into under this section during the	6907
preceding calendar year, a description of the project that is the	6908
subject of each such agreement, and an update on the status of	6909
projects under agreements entered into before the preceding	6910
calendar year.	6911

(M)(1) The aggregate amount of tax credits issued under	6912
division (B)(1) of this section during any calendar year for	6913
capital investment projects reviewed and approved by the tax	6914
credit authority may not exceed the following amounts:	6915

(a) For 2010, thirteen million dollars;

6916

(b) For 2011 through 2023, the amount of the limit for the	6917
preceding calendar year plus thirteen million dollars;	6918

(c) For 2024 and each year thereafter, one hundred	6919
ninety-five million dollars.	6920

(2) The aggregate amount of tax credits authorized under	6921
divisions (B)(2) and (3) of this section and allowed to be claimed	6922
by taxpayers in any calendar year for capital improvement projects	6923
reviewed and approved by the tax credit authority in 2011, 2012,	6924
and 2013 combined shall not exceed twenty-five million dollars. An	6925
amount equal to the aggregate amount of credits first authorized	6926
in calendar year 2011, 2012, and 2013 may be claimed over the	6927
ensuing period up to fifteen years, subject to the terms of	6928
individual tax credit agreements.	6929

The limitations in division (M) of this section do not apply	6930
to credits for capital investment projects approved by the tax	6931
credit authority before July 1, 2009.	6932

(N) This division applies only to an eligible business that	6933
is part of an affiliated group that includes a diversified savings	6934
and loan holding company or a grandfathered unitary savings and	6935
loan holding company, as those terms are defined in section	6936
5726.01 of the Revised Code. Notwithstanding any contrary	6937
provision of the agreement between such an eligible business and	6938
the tax credit authority, any credit granted under this section	6939
against the tax imposed by section 5725.18, 5729.03, 5733.06,	6940
5747.02, or 5751.02 of the Revised Code to the eligible business,	6941
at the election of the eligible business and without any action by	6942
the tax credit authority, may be shared with any member or members	6943
of the affiliated group that includes the eligible business, which	6944
member or members may claim the credit against the taxes imposed	6945
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02	6946
of the Revised Code. Credits shall be claimed by the eligible	6947
business in sequential order, as applicable, first claiming the	6948
credits to the fullest extent possible against the tax that the	6949
certificate holder is subject to, then against the tax imposed by,	6950
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and	6951
lastly 5726.02 of the Revised Code. The credits may be allocated	6952
among the members of the affiliated group in such manner as the	6953
eligible business elects, but subject to the sequential order	6954
required under this division. This division applies to credits	6955
granted before, on, or after March 27, 2013, the effective date of	6956
H.B. 510 of the 129th general assembly. Credits granted before	6957
that effective date that are shared and allocated under this	6958
division may be claimed in those calendar years in which the	6959
remaining taxable years specified in the agreement end.	6960

As used in this division, "affiliated group" means a group of	6961
two or more persons with fifty per cent or greater of the value of	6962
each person's ownership interests owned or controlled directly,	6963
indirectly, or constructively through related interests by common	6964
owners during all or any portion of the taxable year, and the	6965
common owners. "Affiliated group" includes, but is not limited to,	6966
any person eligible to be included in a consolidated elected	6967
taxpayer group under section 5751.011 of the Revised Code or a	6968
combined taxpayer group under section 5751.012 of the Revised	6969
Code.	6970

Sec. 122.175. (A) As used in this section:

6971

(1) "Capital investment project" means a plan of investment	6972
at a project site for the acquisition, construction, renovation,	6973
expansion, replacement, or repair of a computer data center or of	6974
computer data center equipment, but does not include any of the	6975
following:	6976

(a) Project costs paid before a date determined by the tax	6977
credit authority for each capital investment project;	6978

(b) Payments made to a related member as defined in section	6979
5733.042 of the Revised Code or to a consolidated elected taxpayer	6980
or a combined taxpayer as defined in section 5751.01 of the	6981
Revised Code.	6982

(2) "Computer data center" means a facility used or to be	6983
used primarily to house computer data center equipment used or to	6984
be used in conducting aone or more computer data center ~~business~~	6985
businesses, as determined by the tax credit authority.	6986

(3) "Computer data center business" means, as may be further	6987
determined by the tax credit authority, a business that provides	6988
electronic information services as defined in division (Y)(1)(c)	6989
of section 5739.01 of the Revised Code, or that leases a facility	6990
to one or more such businesses. "Computer data center business"	6991
does not include providing electronic publishing as defined in	6992
division (LLL) of that section.	6993

(4) "Computer data center equipment" means tangible personal	6994
property used or to be used for any of the following:	6995

(a) To conduct a computer data center business, including	6996
equipment cooling systems to manage the performance of computer	6997
data center equipment;	6998

(b) To generate, transform, transmit, distribute, or manage	6999
electricity necessary to operate the tangible personal property	7000
used or to be used in conducting a computer data center business;	7001

(c) As building and construction materials sold to	7002
construction contractors for incorporation into a computer data	7003
center.	7004

(5) "Eligible computer data center" means a computer data	7005
center that satisfies all of the following requirements:	7006

(a) ~~The taxpayer~~One or more taxpayers operating a computer	7007
data center business at the project site will, in the aggregate,	7008
make payments for a capital investment project of at least one	7009
hundred million dollars ~~in the aggregate~~ at the project site	7010
during a period of three consecutive calendar years;	7011

(b) ~~The taxpayer~~One or more taxpayers operating a computer	7012
data center business at the project site will, in the aggregate,	7013
pay annual compensation that is subject to the withholding	7014
obligation imposed under section 5747.06 of the Revised Code of at	7015
least ~~five~~one million five hundred thousand dollars to employees	7016
employed at the project site for ~~the term of the agreement~~each	7017
year of the agreement beginning on or after the first day of the	7018
twenty-fifth month after the agreement was entered into under this	7019
section.	7020

(6) "Person" has the same meaning as in section 5701.01 of	7021
the Revised Code.	7022

(7) "Project site," "related member," and "tax credit	7023
authority" have the same meanings as in sections 122.17 and	7024
122.171 of the Revised Code.	7025

(8) "Taxpayer" means any person subject to the taxes imposed	7026
under Chapters 5739. and 5741. of the Revised Code.	7027

(B) The tax credit authority may completely or partially	7028
exempt from the taxes levied under Chapters 5739. and 5741. of the	7029
Revised Code the sale, storage, use, or other consumption of	7030
computer data center equipment used or to be used at an eligible	7031
computer data center. Any such exemption shall extend to charges	7032
for the delivery, installation, or repair of the computer data	7033
center equipment subject to the exemption under this section.	7034

(C) A taxpayer that proposes a capital improvement project	7035
for an eligible computer data center in this state may apply to	7036
the tax credit authority to enter into an agreement under this	7037
section ~~for~~authorizing a complete or partial exemption from the	7038
taxes imposed under Chapters 5739. and 5741. of the Revised Code	7039
on computer data center equipment purchased by the applicant or	7040
any other taxpayer that operates a computer data center business	7041
at the project site and used or to be used at the eligible	7042
computer data center. The director of development services shall	7043
prescribe the form of the application. After receipt of an	7044
application, the authority shall forward copies of the application	7045
to the director of budget and management, the tax commissioner,	7046
and the director of development services, each of whom shall	7047
review the application to determine the economic impact that the	7048
proposed eligible computer data center would have on the state and	7049
any affected political subdivisions and submit to the authority a	7050
summary of their determinations and recommendations.	7051

(D) Upon review and consideration of such determinations and	7052
recommendations, the tax credit authority may enter into an	7053
agreement with the applicant and any other taxpayer that operates	7054
a computer data center business at the project site for a complete	7055
or partial exemption from the taxes imposed under Chapters 5739.	7056
and 5741. of the Revised Code on computer data center equipment	7057
used or to be used at an eligible computer data center if the	7058
authority determines all of the following:	7059

(1) The ~~taxpayer's~~ capital investment project for the	7060
eligible computer data center will increase payroll and the amount	7061
of income taxes to be withheld from employee compensation pursuant	7062
to section 5747.06 of the Revised Code.	7063

(2) The ~~taxpayer~~applicant is economically sound and has the	7064
ability to complete or effect the completion of the proposed	7065
capital investment project.	7066

(3) The ~~taxpayer~~applicant intends to and has the ability to	7067
maintain operations at the project site for the term of the	7068
agreement.	7069

(4) Receiving the exemption is a major factor in the	7070
~~taxpayer's~~applicant's decision to begin, continue with, or	7071
complete the capital investment project.	7072

(E) An agreement entered into under this section shall	7073
include all of the following:	7074

(1) A detailed description of the capital investment project	7075
that is the subject of the agreement, including the amount of the	7076
investment, the period over which the investment has been or is	7077
being made, the annual compensation to be paid by ~~the~~each	7078
taxpayer subject to the agreement to its employees at the project	7079
site, and the anticipated amount of income taxes to be withheld	7080
from employee compensation pursuant to section 5747.06 of the	7081
Revised Code.	7082

(2) The percentage of the exemption from the taxes imposed	7083
under Chapters 5739. and 5741. of the Revised Code for the	7084
computer data center equipment used or to be used at the eligible	7085
computer data center, the length of time the computer data center	7086
equipment will be exempted, and the first date on which the	7087
exemption applies.	7088

(3) A requirement that ~~the taxpayer maintain~~ the computer	7089
data center asremain an eligible computer data center during the	7090
term of the agreement and that the ~~taxpayer~~applicant maintain	7091
operations at the eligible computer data center during that term.	7092
An applicant does not violate the requirement described in	7093
division (E)(3) of this section if the applicant ceases operations	7094
at the eligible computer data center during the term of the	7095
agreement but resumes those operations within eighteen months	7096
after the date of cessation. The agreement shall provide that, in	7097
such a case, the applicant and any other taxpayer that operates a	7098
computer data center business at the project site shall not claim	7099
the tax exemption authorized in the agreement for any purchase of	7100
computer data center equipment made during the period in which the	7101
applicant did not maintain operations at the eligible computer	7102
data center.	7103

(4) A requirement that ~~during~~, for each year of the term of	7104
the agreement ~~the taxpayer~~beginning on or after the first day of	7105
the twenty-fifth month after the date the agreement was entered	7106
into, one or more taxpayers operating a computer data center	7107
business at the project site will, in the aggregate, pay annual	7108
compensation that is subject to the withholding obligation imposed	7109
under section 5747.06 of the Revised Code of at least ~~five~~one	7110
million five hundred thousand dollars to ~~its~~ employees at the	7111
eligible computer data center.	7112

(5) A requirement that ~~the~~each taxpayer subject to the	7113
agreement annually report to the director of development services	7114
employment, tax withholding, capital investment, and other	7115
information required by the director to perform the director's	7116
duties under this section.	7117

(6) A requirement that the director of development services	7118
annually review the annual reports of ~~the~~each taxpayer subject to	7119
the agreement to verify the information reported under division	7120
(E)(5) of this section and compliance with the agreement. Upon	7121
verification, the director shall issue a certificate to ~~the~~each	7122
such taxpayer stating that the information has been verified and	7123
that the taxpayer remains eligible for the exemption specified in	7124
the agreement.	7125

(7) A provision providing that the ~~taxpayer~~taxpayers subject	7126
to the agreement may not relocate a substantial number of	7127
employment positions from elsewhere in this state to the project	7128
site unless the director of development services determines that	7129
the appropriate taxpayer notified the legislative authority of the	7130
county, township, or municipal corporation from which the	7131
employment positions would be relocated. For purposes of this	7132
paragraph, the movement of an employment position from one	7133
political subdivision to another political subdivision shall be	7134
considered a relocation of an employment position unless the	7135
movement is confined to the project site. The transfer of an	7136
employment position from one political subdivision to another	7137
political subdivision shall not be considered a relocation of an	7138
employment position if the employment position in the first	7139
political subdivision is replaced by another employment position.	7140

(8) A waiver by ~~the~~each taxpayer subject to the agreement of	7141
any limitations periods relating to assessments or adjustments	7142
resulting from the taxpayer's failure to comply with the	7143
agreement.	7144

(F) The term of an agreement under this section shall be	7145
determined by the tax credit authority, and the amount of the	7146
exemption shall not exceed one hundred per cent of such taxes that	7147
would otherwise be owed in respect to the exempted computer data	7148
center equipment.	7149

(G) If aany taxpayer subject to an agreement under this	7150
section fails to meet or comply with any condition or requirement	7151
set forth in anthe agreement ~~under this section~~, the tax credit	7152
authority may amend the agreement to reduce the percentage of the	7153
exemption or term during which the exemption applies to the	7154
computer data center equipment used or to be used by the	7155
noncompliant taxpayer at an eligible computer data center. The	7156
reduction of the percentage or term may take effect in the current	7157
calendar year.	7158

(H) Financial statements and other information submitted to	7159
the department of development services or the tax credit authority	7160
by an applicant for or recipient of an exemption under this	7161
section, and any information taken for any purpose from such	7162
statements or information, are not public records subject to	7163
section 149.43 of the Revised Code. However, the chairperson of	7164
the authority may make use of the statements and other information	7165
for purposes of issuing public reports or in connection with court	7166
proceedings concerning tax exemption agreements under this	7167
section. Upon the request of the tax commissioner, the chairperson	7168
of the authority shall provide to the tax commissioner any	7169
statement or other information submitted by an applicant for or	7170
recipient of an exemption under this section. The tax commissioner	7171
shall preserve the confidentiality of the statement or other	7172
information.	7173

(I) The tax commissioner shall issue a direct payment permit	7174
under section 5739.031 of the Revised Code to aeach taxpayer ~~that~~	7175
~~enters into~~subject to an agreement under this section. Such	7176
direct payment permit shall authorize the taxpayer to pay any	7177
sales and use taxes due on purchases of computer data center	7178
equipment used or to be used in an eligible computer data center	7179
and to pay any sales and use taxes due on purchases of tangible	7180
personal property or taxable services other than computer data	7181
center equipment used or to be used in an eligible computer data	7182
center directly to the tax commissioner. Each such taxpayer shall	7183
pay pursuant to such direct payment permit all sales tax levied on	7184
such purchases under sections 5739.02, 5739.021, 5739.023, and	7185
5739.026 of the Revised Code and all use tax levied on such	7186
purchases under sections 5741.02, 5741.021, 5741.022, and 5741.023	7187
of the Revised Code, consistent with the terms of the agreement	7188
entered into under this section.	7189

During the term of an agreement under this section ~~the~~each	7190
taxpayer subject to the agreement shall submit to the tax	7191
commissioner a return that shows the amount of computer data	7192
center equipment purchased for use at the eligible computer data	7193
center, the amount of tangible personal property and taxable	7194
services other than computer data center equipment purchased for	7195
use at the eligible computer data center, the amount of tax under	7196
Chapter 5739. or 5741. of the Revised Code that would be due in	7197
the absence of the agreement under this section, the exemption	7198
percentage for computer data center equipment specified in the	7199
agreement, and the amount of tax due under Chapter 5739. or 5741.	7200
of the Revised Code as a result of the agreement under this	7201
section. ~~The~~Each such taxpayer shall pay the tax shown on the	7202
return to be due in the manner and at the times as may be further	7203
prescribed by the tax commissioner. ~~The~~Each such taxpayer shall	7204
include a copy of the director of development services'	7205
certificate of verification issued under division (E)(6) of this	7206
section. Failure to submit a copy of the certificate with the	7207
return does not invalidate the claim for exemption if the taxpayer	7208
submits a copy of the certificate to the tax commissioner within	7209
sixty days after the tax commissioner requests it.	7210

(J) If the director of development services determines that a	7211
~~taxpayer that~~one or more taxpayers received an exemption ~~under~~	7212
~~this section is not complying~~from taxes due on the purchase of	7213
computer data center equipment purchased for use at a computer	7214
data center that no longer complies with the requirement under	7215
division (E)(3) of this section, the director shall notify the tax	7216
credit authority and, if applicable, the taxpayer that applied to	7217
enter the agreement for the exemption under division (C) if this	7218
section of the noncompliance. After receiving such a notice, and	7219
after giving ~~the~~each taxpayer subject to the agreement an	7220
opportunity to explain the noncompliance, the authority may	7221
terminate the agreement and require ~~the~~each such taxpayer to pay	7222
to the state all or a portion of the taxes that would have been	7223
owed in regards to the exempt equipment in previous years, all as	7224
determined under rules adopted pursuant to division (K) of this	7225
section. In determining the portion of the taxes that would have	7226
been owed on the previously exempted equipment to be paid to this	7227
state by ~~the~~a taxpayer, the authority shall consider the effect	7228
of market conditions on the ~~taxpayer's~~ eligible computer data	7229
center ~~and~~, whether the taxpayer continues to maintain other	7230
operations in this state, and, with respect to agreements	7231
involving multiple taxpayers, the taxpayer's level of	7232
responsibility for the noncompliance. After making the	7233
determination, the authority shall certify to the tax commissioner	7234
the amount to be paid by ~~the~~each taxpayer subject to the	7235
agreement. The tax commissioner shall make an assessment for that	7236
amount against ~~the~~each such taxpayer under Chapter 5739. or 5741.	7237
of the Revised Code. The time limitations on assessments under	7238
those chapters do not apply to an assessment under this division,	7239
but the tax commissioner shall make the assessment within one year	7240
after the date the authority certifies to the tax commissioner the	7241
amount to be paid by the taxpayer.	7242

(K) The director of development services, after consultation	7243
with the tax commissioner and in accordance with Chapter 119. of	7244
the Revised Code, shall adopt rules necessary to implement this	7245
section. The rules may provide for recipients of tax exemptions	7246
under this section to be charged fees to cover administrative	7247
costs incurred in the administration of this section. The fees	7248
collected shall be credited to the business assistance fund	7249
created in section 122.174 of the Revised Code. At the time the	7250
director gives public notice under division (A) of section 119.03	7251
of the Revised Code of the adoption of the rules, the director	7252
shall submit copies of the proposed rules to the chairpersons of	7253
the standing committees on economic development in the senate and	7254
the house of representatives.	7255

(L) On or before the first day of August of each year, the	7256
director of development services shall submit a report to the	7257
governor, the president of the senate, and the speaker of the	7258
house of representatives on the tax exemption authorized under	7259
this section. The report shall include information on the number	7260
of agreements that were entered into under this section during the	7261
preceding calendar year, a description of the eligible computer	7262
data center that is the subject of each such agreement, and an	7263
update on the status of eligible computer data centers under	7264
agreements entered into before the preceding calendar year.	7265

(M) A taxpayer may be made a party to an existing agreement	7266
entered into under this section by the tax credit authority and	7267
another taxpayer or group of taxpayers. In such a case, the	7268
taxpayer shall be entitled to all benefits and bound by all	7269
obligations contained in the agreement and all requirements	7270
described in this section. When an agreement includes multiple	7271
taxpayers, each taxpayer shall be entitled to a direct payment	7272
permit as authorized in division (I) of this section.	7273

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	7274
of the Revised Code:	7275

(A) "New technology" means the development through science or	7276
research of methods, processes, and procedures, including but not	7277
limited to those involving the processing and utilization of coal,	7278
for practical application in industrial or agribusiness	7279
situations.	7280

(B) "Industrial research" means study and investigation in	7281
giving new shapes, new qualities or new combinations to matter or	7282
material products by the application of labor thereto or the	7283
rehabilitation of an existing matter or material product.	7284

(C) "Enterprise" means a business with its principal place of	7285
business in this state or which proposes to be engaged in this	7286
state in research and development or in the provision of products	7287
or services involving a significant amount of new technology.	7288

(D) "Educational institutions" means nonprofit public and	7289
private colleges and universities, incorporated or unincorporated,	7290
in the state.	7291

(E) "Small business" means an enterprise with less than four	7292
hundred employees, including corporations, partnerships,	7293
unincorporated entities, proprietorships, and joint enterprises.	7294

(F) "Applied research" means the application of basic	7295
research for the development of new technology.	7296

Sec. 122.30. The ~~industrial technology and enterprise~~	7297
~~advisory council and the~~ director of development ~~are~~services is	7298
vested with the powers and duties provided in sections 122.28 and	7299
122.30 to 122.36 of the Revised Code, to promote the welfare of	7300
the people of the state through the interaction of the business	7301
and industrial community and educational institutions in the	7302
development of new technology and enterprise.	7303

(A) It is necessary for the state to establish the ~~industrial~~	7304
~~technology and enterprise advisory council and the~~ programs	7305
created pursuant to sections 122.28 and 122.30 to 122.36 of the	7306
Revised Code to accomplish the following purposes which are	7307
determined to be essential:	7308

(1) Improve the existing industrial and agricultural base of	7309
the state;	7310

(2) Improve the economy of the state by providing employment,	7311
increasing productivity, and slowing the rate of inflation;	7312

(3) Develop markets worldwide for the products of the state's	7313
natural resources and agricultural and manufacturing industries;	7314

(4) Maintain a high standard of living for the people of the	7315
state.	7316

(B) ~~The industrial technology and enterprise advisory council~~	7317
~~shall do all of the following:~~	7318

~~(1) Make recommendations to the director of development as to~~	7319
~~applications for assistance pursuant to sections 122.28 to 122.36~~	7320
~~of the Revised Code. The council may revise its recommendations to~~	7321
~~reflect any changes in the proposed assistance made by the~~	7322
~~director.~~	7323

~~(2) Advise the director in the administration of sections~~	7324
~~122.28 to 122.36 of the Revised Code;~~	7325

~~(3) Adopt bylaws to govern the conduct of the council's~~	7326
~~business.~~	7327

~~(C)~~ The director ~~of development~~ shall do all of the	7328
following:	7329

(1) Receive applications for assistance under sections 122.28	7330
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	7331
~~forward them to the council together with necessary supporting~~	7332
~~information~~;	7333

(2) ~~Receive the recommendations of the council and make~~Make	7334
a ~~final~~ determination whether to approve the application for	7335
assistance;	7336

(3) Transmit determinations to approve assistance exceeding	7337
forty thousand dollars to the controlling board, together with any	7338
information the controlling board requires, for the board's review	7339
and decision as to whether to approve the assistance;	7340

(4) Gather and disseminate information and conduct hearings,	7341
conferences, seminars, investigations, and special studies on	7342
problems and programs concerning industrial research and new	7343
technology and their commercial applications in the state;	7344

(5) Establish an annual program to recognize the	7345
accomplishments and contributions of individuals and organizations	7346
in the development of industrial research and new technology in	7347
the state;	7348

(6) Stimulate both public and industrial awareness and	7349
interest in industrial research and development of new technology	7350
primarily in the areas of industrial processes, implementation,	7351
energy, agribusiness, medical technology, avionics, and food	7352
processing;	7353

(7) Develop and implement comprehensive and coordinated	7354
policies, programs, and procedures promoting industrial research	7355
and new technology;	7356

(8) Propose appropriate legislation or executive actions to	7357
stimulate the development of industrial research and new	7358
technology by enterprises and individuals;	7359

(9) Encourage and facilitate contracts between industry,	7360
agriculture, educational institutions, federal agencies, and state	7361
agencies, with special emphasis on industrial research and new	7362
technology by small businesses and agribusiness;	7363

(10) Participate with any state agency in developing specific	7364
programs and goals to assist in the development of industrial	7365
research and new technology and monitor performance;	7366

(11) Assist enterprises in obtaining alternative forms of	7367
governmental or commercial financing for industrial research and	7368
new technology;	7369

(12) Assist enterprises or individuals in the implementation	7370
of new programs and policies and the expansion of existing	7371
programs to provide an atmosphere conducive to increased	7372
cooperation among and participation by individuals, enterprises,	7373
and educational institutions engaged in industrial research and	7374
the development of new technology;	7375

(13) Advertise, prepare, print, and distribute books, maps,	7376
pamphlets, and other information ~~which in the judgment of the~~	7377
~~director will further its purposes~~;	7378

(14) Include in the director's annual report to the governor	7379
and the general assembly a report on the activities for the	7380
preceding calendar year under sections 122.28 and 122.30 to 122.36	7381
of the Revised Code;	7382

(15) Approve the expenditure of money appropriated by the	7383
general assembly for the purpose of sections 122.28 and 122.30 to	7384
122.36 of the Revised Code;	7385

(16) Identify and implement federal research and development	7386
programs which would link Ohio's industrial base, research	7387
facilities, and natural resources;	7388

(17) Employ and fix the compensation of technical and	7389
professional personnel, who shall be in the unclassified civil	7390
service, and employ other personnel, who shall be in the	7391
classified civil service, as necessary to carry out the provisions	7392
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	7393

Sec. 122.31. All expenses and obligations incurred by the	7394
director of development ~~and the industrial technology and~~	7395
~~enterprise advisory council~~services in carrying out ~~their~~the	7396
director's powers and ~~in exercising their~~ duties under sections	7397
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	7398
revenues or other receipts or income from grants, gifts,	7399
contributions, compensation, reimbursement, and funds established	7400
in accordance with those sections or general revenue funds	7401
appropriated by the general assembly for operating expenses of the	7402
director ~~or council~~.	7403

Sec. 122.32. The director of development services, on behalf	7404
of the programs authorized pursuant to sections 122.28 and 122.30	7405
to 122.36 of the Revised Code, may receive and accept grants,	7406
gifts, and contributions of money, property, labor, and other	7407
things of value to be held, used, and applied only for the purpose	7408
for which the grants, gifts, and contributions are made, from	7409
individuals, private and public corporations, from the United	7410
States or any agency of the United States, and from any political	7411
subdivision of the state. The director may agree to repay any	7412
contribution of money or to return any property contributed or its	7413
value at times, in amounts, and on terms and conditions excluding	7414
the payment of interest as the director determines at the time the	7415
contribution is made. The director may evidence the obligation by	7416
written contracts, subject to section 122.31 of the Revised Code,	7417
provided that the director shall not thereby incur indebtedness of	7418
or impose liability upon the state or any political subdivision.	7419

Sec. 122.33. The director of development services shall	7420
administer the following programs:	7421

(A) The industrial technology and enterprise development	7422
grant program, to provide capital to acquire, construct, enlarge,	7423
improve, or equip and to sell, lease, exchange, and otherwise	7424
dispose of property, structures, equipment, and facilities within	7425
the state.	7426

Such funding may be made to enterprises that propose to	7427
develop new products or technologies when the director finds all	7428
of the following factors to be present:	7429

(1) The undertaking will benefit the people of the state by	7430
creating or preserving jobs and employment opportunities or	7431
improving the economic welfare of the people of the state, and	7432
promoting the development of new technology.	7433

(2) There is reasonable assurance that the potential	7434
royalties to be derived from the sale of the product or process	7435
described in the proposal will be sufficient to repay the funding	7436
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	7437
Code and that, in making the agreement, as it relates to patents,	7438
copyrights, and other ownership rights, there is reasonable	7439
assurance that the resulting new technology will be utilized to	7440
the maximum extent possible in facilities located in Ohio.	7441

(3) The technology and research to be undertaken will allow	7442
enterprises to compete more effectively in the marketplace. Grants	7443
of capital may be in such form and conditioned upon such terms as	7444
the ~~board~~director deems appropriate.	7445

(B) The industrial technology and enterprise resources	7446
program to provide for the collection, dissemination, and exchange	7447
of information regarding equipment, facilities, and business	7448
planning consultation resources available in business, industry,	7449
and educational institutions and to establish methods by which	7450
small businesses may use available facilities and resources. The	7451
methods may include, but need not be limited to, leases	7452
reimbursing the educational institutions for their actual costs	7453
incurred in maintaining the facilities and agreements assigning	7454
royalties from development of successful products or processes	7455
through the use of the facilities and resources. The director	7456
shall operate this program in conjunction with the board of	7457
regents.	7458

(C) The Thomas Alva Edison grant program to provide grants to	7459
foster research, development, or technology transfer efforts	7460
involving enterprises and educational institutions that will lead	7461
to the creation of jobs. The director shall utilize the Edison	7462
center network in carrying out the goals and objectives of this	7463
program. For the purposes of this division, "Edison center	7464
network" means the six cooperative research and development	7465
facilities in this state that receive funding under this division,	7466
are nonprofit organizations, have been in existence at least	7467
eighteen years as of the effective date of this amendment, and	7468
have experience in delivering manufacturing extension partnership	7469
program services to companies in this state.	7470

(1) Grants may be made to a nonprofit organization or a	7471
public or private educational institution, department, college,	7472
institute, faculty member, or other administrative subdivision or	7473
related entity of an educational institution when the director	7474
finds that the undertaking will benefit the people of the state by	7475
supporting research in advanced technology areas likely to improve	7476
the economic welfare of the people of the state through promoting	7477
the development of new commercial technology.	7478

(2) Grants may be made in a form and conditioned upon terms	7479
as the director considers appropriate.	7480

(3) Grants made under this program shall in all instances be	7481
in conjunction with a contribution to the project by a cooperating	7482
enterprise which maintains or proposes to maintain a relevant	7483
research, development, or manufacturing facility in the state, by	7484
a nonprofit organization, or by an educational institution or	7485
related entity; however, funding provided by an educational	7486
institution or related entity shall not be from general revenue	7487
funds appropriated by the Ohio general assembly. No grant made	7488
under this program shall exceed the contribution made by the	7489
cooperating enterprise, nonprofit organization, or educational	7490
institution or related entity. The director may consider	7491
cooperating contributions in the form of state of the art new	7492
equipment or in other forms provided the director determines that	7493
the contribution is essential to the successful implementation of	7494
the project. The director may adopt rules or guidelines for the	7495
valuation of contributions of equipment or other property.	7496

(4) The director may determine fields of research from which	7497
grant applications will be accepted under this program.	7498

Sec. 122.34. The exercise of the powers granted by sections	7499
122.28 and 122.30 to 122.36 of the Revised Code will be in all	7500
respects for the benefit of the people of the state, for the	7501
improvement of commerce and prosperity, improvement of employment	7502
conditions, and will constitute the performance of essential	7503
governmental functions.	7504

Sec. 122.35. All moneys received under sections 122.28 and	7505
122.30 to 122.36 of the Revised Code are trust funds to be held	7506
and applied solely as provided in those sections and section	7507
166.03 of the Revised Code. All moneys, except when deposited with	7508
the treasurer of the state, shall be kept and secured in	7509
depositories as selected by the director of development services	7510
in the manner provided in sections 135.01 to 135.21 of the Revised	7511
Code, insofar as those sections are applicable. All moneys held by	7512
the director in trust to carry out the purposes of sections 122.28	7513
and 122.30 to 122.36 of the Revised Code shall be used as provided	7514
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	7515
no time be part of other public funds.	7516

Sec. 122.36. Any materials or data submitted to, made	7517
available to, or received by the director of development~~, the~~	7518
~~industrial technology and enterprise advisory council,~~services or	7519
the controlling board, to the extent that the material or data	7520
consist of trade secrets, as defined in section 1333.61 of the	7521
Revised Code, or commercial or financial information, regarding	7522
projects are not public records for the purposes of section 149.43	7523
of the Revised Code.	7524

Sec. 122.58. Moneys in the funds established pursuant to	7525
Chapter 122. of the Revised Code, except as otherwise provided in	7526
any proceedings authorizing revenue bonds or in any trust	7527
agreement securing such bonds, in excess of current needs, may be	7528
invested in notes, bonds, or other obligations which are direct	7529
obligations of or are guaranteed by the United States, in	7530
certificates of deposit or other withdrawable accounts of banks,	7531
trust companies, and building and loan or savings and loan	7532
associations organized under the laws of the state or the United	7533
States, or in the manner provided in any agreement entered into	7534
pursuant to section 169.05 of the Revised Code.	7535

Income from all such investments of moneys in any fund shall	7536
be credited to such funds as the director of development	7537
determines subject to the provisions of any bond issuance	7538
proceedings or trust agreement, and such investments may be sold	7539
at such time as the director shall determine, provided	7540
certificates of deposit or other withdrawable accounts may be sold	7541
only in accordance with division (B) of section 169.05 or	7542
divisions ~~(D) and~~ (E) and (F) of section 169.08 of the Revised	7543
Code.	7544

Sec. 122.657. For the purposes of sections 122.65 to 122.658	7545
of the Revised Code, the director of development shall establish	7546
policies and requirements regarding all of the following:	7547

(A) The form and content of applications for grants or loans	7548
from the clean Ohio revitalization fund under section 122.652 of	7549
the Revised Code. The policies and requirements shall require that	7550
each application include, at a minimum, all of the following:	7551

(1) The name, address, and telephone number of the applicant;

7552

(2) The legal description of the property for which the grant	7553
or loan is requested;	7554

(3) A summary description of the hazardous substances or	7555
petroleum present at the brownfield and a certified copy of the	7556
results of an assessment;	7557

(4) A detailed explanation of the proposed cleanup or	7558
remediation of the brownfield, including an identification of the	7559
applicable cleanup standards, and a detailed description of the	7560
proposed use of the brownfield after completion of the cleanup or	7561
remediation;	7562

(5) An estimate of the total cost to clean up or remediate	7563
the brownfield in order to comply with the applicable cleanup	7564
standards. The total cost shall include the cost of employing a	7565
certified professional under section 122.654 of the Revised Code.	7566

(6) A detailed explanation of the portion of the estimated	7567
total cost of the cleanup or remediation of the brownfield that	7568
the applicant proposes to provide as required under sections	7569
122.653 and 122.658 of the Revised Code and financial records	7570
supporting the proposal;	7571

(7) A certified copy of a resolution or ordinance approving	7572
the project that the applicant shall obtain from the board of	7573
township trustees of the township or the legislative authority of	7574
the municipal corporation in which the property is located,	7575
whichever is applicable;	7576

(8) A description of the estimated economic benefit that will	7577
result from a cleanup or remediation of the brownfield;	7578

(9) An application summary for purposes of review by an	7579
integrating committee or, if applicable, the executive committee	7580
of an integrating committee under division (B) of section 122.652	7581
of the Revised Code;	7582

(10) With respect to applications for loans, information	7583
demonstrating that the applicant will implement a financial	7584
management plan that includes, without limitation, provisions for	7585
the satisfactory repayment of the loan;	7586

(11) Any other provisions that the director determines should	7587
be included in an application.	7588

(B) Procedures for conducting public meetings and providing	7589
public notice under division (A) of section 122.652 of the Revised	7590
Code;	7591

(C) Criteria to be used by integrating committees or, if	7592
required under division (C) of section 122.652 of the Revised	7593
Code, executive committees of integrating committees when	7594
prioritizing projects under division (B) of section 122.652 of the	7595
Revised Code. The policies and requirements also shall establish	7596
procedures that integrating committees or, if required under	7597
division (C) of section 122.652 of the Revised Code, executive	7598
committees of integrating committees shall use in applying the	7599
criteria.	7600

(D) A selection process that provides for the prioritization	7601
of brownfield cleanup or remediation projects for which grant or	7602
loan applications are submitted under section 122.652 of the	7603
Revised Code. The policies and requirements shall require the	7604
selection process to give priority to projects in which the	7605
post-cleanup or remediation use will be for a combination of	7606
residential, commercial, or industrial purposes, which may include	7607
the conversion of a portion of a brownfield to a recreation, park,	7608
or natural area that is integrated with the residential,	7609
commercial, or industrial use of the brownfield after cleanup or	7610
remediation, or will incorporate projects that are funded by	7611
grants awarded under sections 164.20 to 164.27 of the Revised	7612
Code. The policies and requirements shall require the selection	7613
process to incorporate and emphasize all of the following factors:	7614

(1) The potential economic benefit that will result from the	7615
cleanup or remediation of a brownfield;	7616

(2) The potential environmental improvement that will result	7617
from the cleanup or remediation of a brownfield;	7618

(3) The amount and nature of the match provided by an	7619
applicant as required under sections 122.653 and 122.658 of the	7620
Revised Code;	7621

(4) Funding priorities recommended by integrating committees	7622
or, if required under division (C) of section 122.652 of the	7623
Revised Code, executive committees of integrating committees under	7624
division (B) of section 122.652 of the Revised Code;	7625

(5) The potential benefit to low-income communities,	7626
including minority communities, that will result from the cleanup	7627
or remediation of a brownfield;	7628

(6) Any other factors that the director considers	7629
appropriate.	7630

(E) The development of criteria that the director shall use	7631
when awarding grants under section 122.656 of the Revised Code.	7632
The criteria shall give priority to public health projects. In	7633
addition, the director, in consultation with the director of	7634
environmental protection, shall establish policies and	7635
requirements that require the criteria to include a public health	7636
project selection process that incorporates and emphasizes all of	7637
the following factors:	7638

(1) The potential environmental improvement that will result	7639
from the cleanup or remediation;	7640

(2) The ability of an applicant to access the property for	7641
purposes of the cleanup or remediation;	7642

(3) The name and qualifications of the cleanup or remediation	7643
contractor;	7644

(4) Any other factors that the director of development	7645
considers appropriate.	7646

The director of development may develop any other policies	7647
and requirements that the director determines are necessary for	7648
the administration of section 122.656 of the Revised Code.	7649

(F) The development of a brownfield cleanup and remediation	7650
oversight program to ensure compliance with sections 122.65 to	7651
122.658 of the Revised Code and policies and requirements	7652
established under this section. The policies and requirements	7653
shall require the program to include, at a minimum, both of the	7654
following:	7655

(1) Procedures for the accounting of invoices and receipts	7656
and any other documents that are necessary to demonstrate that a	7657
cleanup or remediation was properly performed;	7658

(2) Procedures that are necessary to provide a detailed	7659
explanation of the status of the property five years after the	7660
completed cleanup or remediation.	7661

(G) A delineation of what constitutes administrative costs	7662
for purposes of divisions (D) and (F) of section 122.658 of the	7663
Revised Code;	7664

(H) Procedures and requirements for making loans and loan	7665
agreements that include at least all of the following:	7666

(1) Not more than fifteen per cent of moneys annually	7667
allocated to the clean Ohio revitalization fund shall be used for	7668
loans.	7669

(2) The loans shall be made at or below market rates of	7670
interest, including, without limitation, interest-free loans.	7671

(3) The recipient of a loan shall identify a source of	7672
security and a source of repayment of the loan.	7673

(4) ~~All payments of principal and interest on a loan shall be~~	7674
~~deposited in the state treasury and credited to the clean Ohio~~	7675
~~revitalization revolving loan fund.~~	7676

~~(5)~~ The clean Ohio council may accept notes and other forms	7677
of obligation to evidence indebtedness, accept mortgages, liens,	7678
pledges, assignments, and other security interests to secure such	7679
indebtedness, and take any actions that are considered by the	7680
council to be appropriate to protect such security and safeguard	7681
against losses, including, without limitation, foreclosure and	7682
bidding on the purchase of property upon foreclosure or other	7683
sale.	7684

(I) Any other policies and requirements that the director	7685
determines are necessary for the administration of sections 122.65	7686
to 122.658 of the Revised Code.	7687

Sec. 122.658. (A) The clean Ohio revitalization fund is	7688
hereby created in the state treasury. The fund shall consist of	7689
moneys credited to it pursuant to section 151.40 of the Revised	7690
Code. Moneys in the fund shall be used to make grants or loans for	7691
projects that have been approved by the clean Ohio council in	7692
accordance with section 122.653 of the Revised Code, except that	7693
the council annually shall devote twenty per cent of the net	7694
proceeds of obligations deposited in the clean Ohio revitalization	7695
fund for the purposes of section 122.656 of the Revised Code.	7696

Moneys in the clean Ohio revitalization fund may be used to	7697
pay reasonable costs incurred by the department of development and	7698
the environmental protection agency in administering sections	7699
122.65 to 122.658 of the Revised Code. All investment earnings of	7700
the fund shall be credited to the fund. Investment earnings	7701
credited to the clean Ohio revitalization fund may be used to pay	7702
costs incurred by the department of development and the	7703
environmental protection agency pursuant to sections 122.65 to	7704
122.658 of the Revised Code.	7705

The department of development shall administer the clean Ohio	7706
revitalization fund in accordance with this section, policies and	7707
requirements established under section 122.657 of the Revised	7708
Code, and the terms of agreements entered into by the council	7709
under section 122.653 of the Revised Code.	7710

(B) Grants awarded and loans made under section 122.653 of	7711
the Revised Code shall provide not more than seventy-five per cent	7712
of the estimated total cost of a project. A grant or loan to any	7713
one project shall not exceed three million dollars. An applicant	7714
shall provide at least twenty-five per cent of the estimated total	7715
cost of a project. The applicant's share may consist of one or a	7716
combination of any of the following:	7717

(1) Payment of the cost of acquiring the property for the	7718
purposes of sections 122.65 to 122.658 of the Revised Code;	7719

(2) Payment of the reasonable cost of an assessment at the	7720
property;	7721

(3) The reasonable value, as determined by the council, of	7722
labor and materials that will be contributed by the applicant in	7723
performing the cleanup or remediation;	7724

(4) Moneys received by the applicant in any form for use in	7725
performing the cleanup or remediation;	7726

(5) Loans secured by the applicant for the purpose of the	7727
cleanup or remediation of the brownfield.	7728

Costs that were incurred more than two years prior to the	7729
submission of an application to the clean Ohio council for the	7730
acquisition of property, assessments, and labor and materials	7731
shall not be used as part of the applicant's matching share.	7732

(C) The department of development shall not make any payment	7733
to an applicant from the clean Ohio revitalization fund to pay	7734
costs of the applicant that were not included in an application	7735
for a grant or loan under section 122.653 of the Revised Code or	7736
that exceed the amount of the estimated total cost of the project	7737
included in the application. If, upon completion of a project, the	7738
costs of the project are less than the amounts included in the	7739
application, the amounts included in the application less the	7740
amounts of the actual costs of the project shall be credited to	7741
the clean Ohio revitalization fund. However, the amounts credited	7742
shall be equivalent in percentage to the percentage of the costs	7743
of the project that were to be funded by the grant or loan from	7744
the fund.	7745

(D) Grants awarded or loans made under section 122.653 of the	7746
Revised Code from the clean Ohio revitalization fund shall be used	7747
by an applicant only to pay the costs of the actual cleanup or	7748
remediation of a brownfield and shall not be used by an applicant	7749
to pay any administrative costs incurred by the applicant. Costs	7750
related to the use of a certified professional for purposes of	7751
section 122.654 of the Revised Code are not administrative costs	7752
and may be paid with moneys from grants awarded or loans made	7753
under section 122.653 of the Revised Code.	7754

(E) The portion of net proceeds of obligations devoted under	7755
division (A) of this section for the purposes of section 122.656	7756
of the Revised Code shall be used to make grants for assessments,	7757
cleanup or remediation of brownfields, and public health projects	7758
that have been approved by the director of development under that	7759
section. The department of development shall administer section	7760
122.656 of the Revised Code in accordance with this section,	7761
policies and requirements established under section 122.657 of the	7762
Revised Code, and the terms of agreements entered into by the	7763
director under section 122.656 of the Revised Code. The director	7764
shall not grant more than twenty-five million dollars for public	7765
health projects under section 122.656 of the Revised Code.	7766

(F) Grants awarded under section 122.656 of the Revised Code	7767
shall be used by an applicant only to pay the costs of actually	7768
conducting an assessment, a cleanup or remediation of a	7769
brownfield, or a public health project and shall not be used by an	7770
applicant to pay any administrative costs incurred by the	7771
applicant. Costs related to the use of a certified professional	7772
for purposes of section 122.654 of the Revised Code are not	7773
administrative costs and may be paid with moneys from grants	7774
awarded under section 122.656 of the Revised Code.	7775

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	7776
~~hereby created in the state treasury. Payments of principal and~~	7777
~~interest on loans made from the clean Ohio revitalization fund~~	7778
~~shall be credited to this revolving loan fund, as shall payments~~	7779
~~of principal and interest on loans made from the revolving loan~~	7780
~~fund itself. The revolving loan fund's investment earnings shall~~	7781
~~be credited to it.~~	7782

~~(2) The clean Ohio revitalization revolving loan fund shall~~	7783
~~be used to make loans for the same purposes and subject to the~~	7784
~~same policies, requirements, criteria, and application procedures~~	7785
~~as loans made from the clean Ohio revitalization fund.~~	7786

Sec. 122.66. As used in sections 122.66 to 122.702 of the	7787
Revised Code:	7788

(A) "Poverty line" means the official poverty line	7789
established by the director of the United States office of	7790
management and budget and as revised by the ~~director~~secretary of	7791
~~the office of community~~health and human services in accordance	7792
with section 673(2) of the "Community Services Block Grant Act,"	7793
95 Stat. 1609, 42 U.S.C.A. 9902.	7794

(B) "Low-income person" means a person whose adjusted gross	7795
income as defined in division (A) of section 5747.01 of the	7796
Revised Code is below the poverty line as defined in division (A)	7797
of this section.	7798

(C) "Advocacy" means the act of pleading for, supporting, or	7799
recommending actions on behalf of low-income persons.	7800

(D) "Community action agency" means a community-based and	7801
operated private nonprofit agency or organization that includes or	7802
is designed to include a sufficient number of projects or	7803
components to provide a range of services and activities having a	7804
measurable and potentially major impact on the causes of poverty	7805
in the community or those areas of the community where poverty is	7806
a particularly acute problem and is designated as a community	7807
action agency by the ~~office of~~ community services division	7808
pursuant to sections 122.68 and 122.69 of the Revised Code.	7809

(E) "Community" means a city, village, county, multicity or	7810
multicounty unit, a neighborhood or other area, disregarding	7811
boundaries or political subdivisions, which provides a suitable	7812
organizational base and possesses a commonality of needs and	7813
interests for a community action program suitable to be served by	7814
a community action agency.	7815

(F) "Service area" means the geographical area served by a	7816
community action agency.	7817

Sec. 122.67. There is hereby created in the ~~department of~~	7818
development services agency the ~~office of~~ community services	7819
division. The director of development services shall employ and	7820
fix the compensation of professional and technical unclassified	7821
personnel as necessary to carry out the provisions of sections	7822
122.66 to 122.701 of the Revised Code.	7823

Sec. 122.68. The ~~office of~~ community services division	7824
shall:	7825

(A) Administer all federal funds appropriated to the state	7826
from the "Community Services Block Grant Act," 95 Stat. 511, 42	7827
U.S.C.A. 9901, and comply with requirements imposed by that act in	7828
its application for, and administration of, the funds;	7829

(B) Designate community action agencies to receive community	7830
services block grant funds;	7831

(C) Disburse at least ninety-five per cent or such other	7832
higher maximum amount as may from time to time be designated by	7833
congress of the funds received in the state from the "Community	7834
Services Block Grant Act" to community action agencies that comply	7835
with the requirements of section 122.69 of the Revised Code and	7836
migrant and seasonal farm worker organizations that are not	7837
designated community action agencies but which provide the	7838
services described in division (B)(1) of section 122.69 of the	7839
Revised Code.	7840

(D) Provide technical assistance to community action agencies	7841
to improve program planning, development, and administration;	7842

(E) Conduct yearly performance assessments, according to	7843
criteria determined by ~~department of~~ development services agency	7844
rule, to determine whether community action agencies are in	7845
compliance with section 122.69 of the Revised Code;	7846

(F) Annually prepare and submit to the United States	7847
secretary of health and human services, the governor, the	7848
president of the Ohio senate, and the speaker of the Ohio house of	7849
representatives, a comprehensive report that includes:	7850

(1) Certification that all community action agencies	7851
designated to receive funds from the "Community Services Block	7852
Grant Act" are in compliance with section 122.69 of the Revised	7853
Code;	7854

(2) A program plan for the next federal fiscal year that has	7855
been made available for public inspection and that details how	7856
community services block grant funds will be disbursed and used	7857
during that fiscal year;	7858

(3) Information detailing how funds were expended for the	7859
current fiscal year;	7860

(4) An audit of community services block grant expenditures	7861
for the preceding federal fiscal year that is conducted in	7862
accordance with generally accepted accounting principles by an	7863
independent auditing firm that has no connection with any	7864
community action agency receiving community services block grant	7865
funds or with any employee of the ~~office~~division.	7866

(G) Serve as a statewide advocate for social and economic	7867
opportunities for low-income persons.	7868

Sec. 122.681. (A) Except as permitted by this section, or	7869
when required by federal law, no person or government entity shall	7870
solicit, release, disclose, receive, use, or knowingly permit or	7871
participate in the use of any information regarding an individual	7872
receiving assistance pursuant to a community services division	7873
program under sections 122.66 to 122.702 of the Revised Code for	7874
any purpose not directly related to the administration of a	7875
division assistance program.	7876

(B) To the extent permitted by federal law, the division, and	7877
any entity that receives division funds to administer a division	7878
program to assist individuals, shall release information regarding	7879
an individual assistance recipient to the following:	7880

(1) A government entity responsible for administering the	7881
assistance program for purposes directly related to the	7882
administration of the program;	7883

(2) A law enforcement agency for the purpose of any	7884
investigation, prosecution, or criminal or civil proceeding	7885
relating to the administration of the assistance program;	7886

(3) A government entity responsible for administering a	7887
children's protective services program, for the purpose of	7888
protecting children.	7889

(C) To the extent permitted by federal law and section	7890
1347.08 of the Revised Code, the division, and any entity	7891
administering a division program, shall provide access to	7892
information regarding an individual assistance recipient to all of	7893
the following:	7894

(1) The individual assistance recipient;

7895

(2) The authorized representative of the individual	7896
assistance recipient;	7897

(3) The legal guardian of the individual assistance	7898
recipient;	7899

(4) The attorney of the individual assistance recipient.

7900

(D) To the extent permitted by federal law, the division, and	7901
any entity administering a division program, may do either of the	7902
following:	7903

(1) Release information about an individual assistance	7904
recipient if the recipient gives voluntary, written authorization;	7905

(2) Release information regarding an individual assistance	7906
recipient to a state, federal, or federally assisted program that	7907
provides cash or in-kind assistance or services directly to	7908
individuals based on need.	7909

(E) The community services division, or an entity	7910
administering a division program, shall provide, at no cost, a	7911
copy of each written authorization to the individual who signed	7912
it.	7913

(F) The development services agency may adopt rules defining	7914
who may serve as an individual assistance recipient's authorized	7915
representative for purposes of division (C)(2) of this section.	7916

Sec. 122.69. (A) Any nonprofit agency or organization	7917
seeking designation as a community action agency by the ~~office of~~	7918
community services division shall obtain the endorsement of the	7919
chief elected officials of at least two-thirds of the municipal	7920
corporations and the counties within the community to be served by	7921
the agency or organization.	7922

(B) Any nonprofit agency or organization that receives the	7923
endorsement provided for in division (A) of this section shall be	7924
designated by the ~~office~~division as the community action agency	7925
for the community it serves and shall receive community services	7926
block grant funds for any period of time that the nonprofit agency	7927
or organization:	7928

(1) Provides a range of services and opportunities having a	7929
measurable and potentially major impact on the causes of poverty	7930
in the community or those areas of the community where poverty is	7931
a particularly acute problem. These activities may include but	7932
shall not be limited to:	7933

(a) Providing activities designed to assist low-income	7934
persons, including elderly and handicapped low-income persons, to:	7935

(i) Secure and maintain meaningful employment, training, work	7936
experience, and unsubsidized employment;	7937

(ii) Attain an adequate education;

7938

(iii) Make better use of available income;

7939

(iv) Obtain and maintain adequate housing and a suitable	7940
living environment;	7941

(v) Obtain emergency assistance through loans or grants to	7942
meet immediate and urgent individual and family needs, including	7943
the need for health services, nutritious food, housing, and	7944
employment-related assistance;	7945

(vi) Remove obstacles and solve personal and family problems	7946
that block the achievement of self-sufficiency;	7947

(vii) Achieve greater participation in the affairs of the	7948
community;	7949

(viii) Undertake family planning, consistent with personal	7950
and family goals and religious and moral convictions;	7951

(ix) Obtain energy assistance, conservation, and	7952
weatherization services.	7953

(b) Providing, on an emergency basis, supplies and services,	7954
nutritious foodstuffs, and related services necessary to	7955
counteract conditions of starvation and malnutrition among	7956
low-income persons;	7957

(c) Coordinating and establishing links between government	7958
and other social services programs to assure the effective	7959
delivery of services to low-income individuals;	7960

(d) Providing child care services, nutrition and health	7961
services, transportation services, alcoholism and narcotic	7962
addiction prevention and rehabilitation services, youth	7963
development services, and community services to elderly and	7964
handicapped persons;	7965

(e) Encouraging entities in the private sector to participate	7966
in efforts to ameliorate poverty in the community.	7967

(2) Annually submits to the ~~office of community services~~	7968
division a program plan and budget for use of community services	7969
block grant funds for the next federal fiscal year. At least ten	7970
days prior to its submission to the ~~office of community services~~	7971
division, a copy of the program plan and budget shall be made	7972
available to the chief elected officials of the municipal	7973
corporations and counties within the service area in order to	7974
provide them the opportunity to review and comment upon such plan	7975
and budget.	7976

(3) Composes its board of directors in compliance with	7977
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	7978
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	7979
shall consist of not less than fifteen nor more than thirty-three	7980
members;	7981

(4) Complies with the prohibitions against discrimination and	7982
political activity, as provided in the "Community Services Block	7983
Grant Act";	7984

(5) Complies with fiscal and program requirements established	7985
by ~~department of~~ development services agency rule.	7986

Sec. 122.70. The board of directors of a community action	7987
agency shall:	7988

(A) Select, appoint, and may remove the executive director of	7989
the community action agency;	7990

(B) Approve contracts, annual program budgets, and policies	7991
of the community action agency;	7992

(C) Advise the elected officials of any political subdivision	7993
located within its service area, and state and federal elected	7994
officials who represent its service area, of the nature and extent	7995
of poverty within its community, and advise them of any needed	7996
changes;	7997

(D) Convene public meetings to provide community members the	7998
opportunity to comment on public policies and programs to reduce	7999
poverty;	8000

(E) Annually evaluate the policies and programs of the	8001
community action agency according to criteria determined by	8002
~~department of~~ development services agency rule;	8003

(F) Submit the results of the evaluation required by division	8004
(E) of this section, along with recommendations for improved	8005
administration of the community action agency, to the ~~office of~~	8006
community services division;	8007

(G) Adopt a code of ethics for the board of directors and the	8008
employees of the community action agency;	8009

(H) Adopt written policies describing all of the following:

8010

(1) How the community action agency is to expend and	8011
distribute the community services block grant funds that it	8012
receives from the ~~office of community services~~division under	8013
sections 122.68 and 122.69 of the Revised Code;	8014

(2) The salary, benefits, travel expenses, and any other	8015
compensation that persons are to receive for serving on the	8016
community action agency's board of directors;	8017

(3) The operating procedures to be used by the board to	8018
conduct its meetings, to vote on all official business it	8019
considers, and to provide notice of its meetings.	8020

(I) Provide for the posting of notices in a conspicuous place	8021
indicating that the code of ethics described in division (G) of	8022
this section and the policies described in division (H) of this	8023
section are available for public inspection at the community	8024
action agency during normal business hours.	8025

Sec. 122.701. (A) Prior to designating a new community	8026
action agency or rescinding a community action agency's	8027
designation, the ~~office of~~ community services division shall:	8028

(1) Determine whether a community action agency is in	8029
compliance with section 122.69 of the Revised Code;	8030

(2) Consult with the chief elected officials of political	8031
subdivisions located within a community action agency's service	8032
area, and, in designating a new community action agency, obtain	8033
their endorsement of the agency in accordance with division (A) of	8034
section 122.69 of the Revised Code;	8035

(3) Hold at least one public meeting within a community	8036
action agency's service area for the purpose of allowing citizens	8037
to comment on the community action agency's delivery of services;	8038

(4) Evaluate the proposed service area of the community	8039
action agency, and, as may be necessary, modify the boundaries of	8040
the service area so that low-income persons in the area are	8041
adequately and efficiently served.	8042

(B) After providing notice and hearing pursuant to sections	8043
119.01 to 119.13 of the Revised Code, the director of development	8044
services:	8045

(1) May rescind the designation of a community action agency	8046
~~if he finds~~after finding that the agency is not in compliance	8047
with any or all of the provisions of section 122.69 of the Revised	8048
Code;	8049

(2) Shall rescind the designation of a community action	8050
agency upon notification from the chief elected officials of more	8051
than one-half of the municipal corporations and the counties	8052
within a community currently served by a community action agency	8053
that such agency is not endorsed by them and ~~upon a~~after finding	8054
~~by him~~ that the agency is not in compliance with section 122.69 of	8055
the Revised Code.	8056

Any agency whose designation is rescinded pursuant to this	8057
section may appeal from an order rescinding such designation	8058
pursuant to section 119.12 of the Revised Code.	8059

Sec. 122.76. (A) The director of development services, with	8060
controlling board approval, may lend funds to minority business	8061
enterprises and to community improvement corporations, Ohio	8062
development corporations, minority contractors business assistance	8063
organizations, and minority business supplier development councils	8064
for the purpose of loaning funds to minority business enterprises	8065
~~and~~, for the purpose of procuring or improving real or personal	8066
property, or both, for the establishment, location, or expansion	8067
of industrial, distribution, commercial, or research facilities in	8068
the state, and for the purpose of contract financing, and to	8069
community development corporations that predominantly benefit	8070
minority business enterprises or are located in a census tract	8071
that has a population that is sixty per cent or more minority, if	8072
the director determines, in the director's sole discretion, that	8073
all of the following apply:	8074

(1) The project is economically sound and will benefit the	8075
people of the state by increasing opportunities for employment, by	8076
strengthening the economy of the state, or expanding minority	8077
business enterprises.	8078

(2) The proposed minority business enterprise borrower is	8079
unable to finance the proposed project through ordinary financial	8080
channels at comparable terms.	8081

(3) The value of the project is or, upon completion, will be	8082
at least equal to the total amount of the money expended in the	8083
procurement or improvement of the project.	8084

(4) The amount to be loaned by the director will not exceed	8085
seventy-five per cent of the total amount expended in the	8086
procurement or improvement of the project.	8087

(5) The amount to be loaned by the director will be	8088
adequately secured by a first or second mortgage upon the project	8089
or by mortgages, leases, liens, assignments, or pledges on or of	8090
other property or contracts as the director requires, and such	8091
mortgage will not be subordinate to any other liens or mortgages	8092
except the liens securing loans or investments made by financial	8093
institutions referred to in division (A)(3) of this section, and	8094
the liens securing loans previously made by any financial	8095
institution in connection with the procurement or expansion of all	8096
or part of a project.	8097

(B) Any proposed minority business enterprise borrower	8098
submitting an application for assistance under this section shall	8099
not have defaulted on a previous loan from the director, and no	8100
full or limited partner, major shareholder, or holder of an equity	8101
interest of the proposed minority business enterprise borrower	8102
shall have defaulted on a loan from the director.	8103

(C) The proposed minority business enterprise borrower shall	8104
demonstrate to the satisfaction of the director that it is able to	8105
successfully compete in the private sector if it obtains the	8106
necessary financial, technical, or managerial support and that	8107
support is available through the director, the minority business	8108
development office of the ~~department of~~ development services	8109
agency, or other identified and acceptable sources. In determining	8110
whether a minority business enterprise borrower will be able to	8111
successfully compete, the director may give consideration to such	8112
factors as the successful completion of or participation in	8113
courses of study, recognized by the board of regents as providing	8114
financial, technical, or managerial skills related to the	8115
operation of the business, by the economically disadvantaged	8116
individual, owner, or partner, and the prior success of the	8117
individual, owner, or partner in personal, career, or business	8118
activities, as well as to other factors identified by the	8119
director.	8120

(D) The director shall not lend funds for the purpose of	8121
procuring or improving motor vehicles or accounts receivable.	8122

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

8123

(1) "Certified engine configuration" means a new, rebuilt, or	8124
remanufactured engine configuration that satisfies divisions	8125
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	8126
section:	8127

(a) It has been certified by the administrator of the United	8128
States environmental protection agency or the California air	8129
resources board.	8130

(b) It meets or is rebuilt or remanufactured to a more	8131
stringent set of engine emission standards than when originally	8132
manufactured, as determined pursuant to Subtitle G of Title VII of	8133
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	8134
et seq.	8135

(c) In the case of a certified engine configuration involving	8136
the replacement of an existing engine, an engine configuration	8137
that replaced an engine that was removed from the vehicle and	8138
returned to the supplier for remanufacturing to a more stringent	8139
set of engine emissions standards or for scrappage.	8140

(2) "Section 793" means section 793 of the Energy Policy Act	8141
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	8142

(3) "Verified technology" means a pollution control	8143
technology, including a retrofit technology, advanced truckstop	8144
electrification system, or auxiliary power unit, that has been	8145
verified by the administrator of the United States environmental	8146
protection agency or the California air resources board.	8147

(B) For the purpose of reducing emissions from diesel	8148
engines, the director of environmental protection shall administer	8149
a diesel emissions reduction grant program and a diesel emissions	8150
reduction revolving loan program. The programs shall provide for	8151
the implementation in this state of section 793 and shall	8152
otherwise be administered in compliance with the requirements of	8153
section 793, and any regulations issued pursuant to that section.	8154

The director shall apply to the administrator of the United	8155
States environmental protection agency for grant or loan funds	8156
available under section 793 to help fund the diesel emissions	8157
reduction grant program and the diesel emissions reduction	8158
revolving loan program.	8159

(C) ~~There is hereby created in the state treasury the diesel~~	8160
~~emissions grant fund consisting of money appropriated to it by the~~	8161
~~general assembly, any grants obtained from the federal government~~	8162
~~under section 793, and any other grants, gifts, or other~~	8163
~~contributions of money made to the credit of the fund. Money in~~	8164
~~the fund shall be used for the purpose of making grants for~~	8165
~~projects relating to certified engine configurations and verified~~	8166
~~technologies in a manner consistent with the requirements of~~	8167
~~section 793 and any regulations issued under that section.~~	8168
~~Interest earned from moneys in the fund shall be used to~~	8169
~~administer the diesel emissions reduction grant program.~~	8170

~~(D)~~ There is hereby created in the state treasury the diesel	8171
emissions reduction revolving loan fund consisting of money	8172
appropriated to it by the general assembly, any grants obtained	8173
from the federal government under section 793, and any other	8174
grants, gifts, or other contributions of money made to the credit	8175
of the fund. Money in the fund shall be used for the purpose of	8176
making loans for projects relating to certified engine	8177
configurations and verified technologies in a manner consistent	8178
with the requirements of section 793 and any regulations issued	8179
pursuant to that section. Interest earned from moneys in the fund	8180
shall be used to administer the diesel emissions reduction	8181
revolving loan program.	8182

Sec. 123.01. (A) The department of administrative services,	8183
in addition to those powers enumerated in Chapters 124. and 125.	8184
of the Revised Code and provided elsewhere by law, shall exercise	8185
the following powers:	8186

(1) To prepare and suggest comprehensive plans for the	8187
development of grounds and buildings under the control of a state	8188
agency;	8189

(2) To acquire, by purchase, gift, devise, lease, or grant,	8190
all real estate required by a state agency, in the exercise of	8191
which power the department may exercise the power of eminent	8192
domain, in the manner provided by sections 163.01 to 163.22 of the	8193
Revised Code;	8194

(3) To erect, supervise, and maintain all public monuments	8195
and memorials erected by the state, except where the supervision	8196
and maintenance is otherwise provided by law;	8197

(4) To procure, by lease, storage accommodations for a state	8198
agency;	8199

(5) To lease or grant easements or licenses for unproductive	8200
and unused lands or other property under the control of a state	8201
agency. Such leases, easements, or licenses may be granted to any	8202
person or entity, shall be for a period not to exceed fifteen	8203
years, and shall be executed for the state by the director of	8204
administrative services, provided that the director shall grant	8205
leases, easements, or licenses of university land for periods not	8206
to exceed twenty-five years for purposes approved by the	8207
respective university's board of trustees wherein the uses are	8208
compatible with the uses and needs of the university and may grant	8209
leases of university land for periods not to exceed forty years	8210
for purposes approved by the respective university's board of	8211
trustees pursuant to section 123.17 of the Revised Code.	8212

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

8213

(7) To have general supervision and care of the storerooms,	8214
offices, and buildings leased for the use of a state agency;	8215

(8) To exercise general custodial care of all real property	8216
of the state;	8217

(9) To assign and group together state offices in any city in	8218
the state and to establish, in cooperation with the state agencies	8219
involved, rules governing space requirements for office or storage	8220
use;	8221

(10) To lease for a period not to exceed forty years,	8222
pursuant to a contract providing for the construction thereof	8223
under a lease-purchase plan, buildings, structures, and other	8224
improvements for any public purpose, and, in conjunction	8225
therewith, to grant leases, easements, or licenses for lands under	8226
the control of a state agency for a period not to exceed forty	8227
years. The lease-purchase plan shall provide that at the end of	8228
the lease period, the buildings, structures, and related	8229
improvements, together with the land on which they are situated,	8230
shall become the property of the state without cost.	8231

(a) Whenever any building, structure, or other improvement is	8232
to be so leased by a state agency, the department shall retain	8233
either basic plans, specifications, bills of materials, and	8234
estimates of cost with sufficient detail to afford bidders all	8235
needed information or, alternatively, all of the following plans,	8236
details, bills of materials, and specifications:	8237

(i) Full and accurate plans suitable for the use of mechanics	8238
and other builders in the improvement;	8239

(ii) Details to scale and full sized, so drawn and	8240
represented as to be easily understood;	8241

(iii) Accurate bills showing the exact quantity of different	8242
kinds of material necessary to the construction;	8243

(iv) Definite and complete specifications of the work to be	8244
performed, together with such directions as will enable a	8245
competent mechanic or other builder to carry them out and afford	8246
bidders all needed information;	8247

(v) A full and accurate estimate of each item of expense and	8248
of the aggregate cost thereof.	8249

(b) The department shall give public notice, in such	8250
newspaper, in such form, and with such phraseology as the director	8251
of administrative services prescribes, published once each week	8252
for four consecutive weeks, of the time when and place where bids	8253
will be received for entering into an agreement to lease to a	8254
state agency a building, structure, or other improvement. The last	8255
publication shall be at least eight days preceding the day for	8256
opening the bids. The bids shall contain the terms upon which the	8257
builder would propose to lease the building, structure, or other	8258
improvement to the state agency. The form of the bid approved by	8259
the department shall be used, and a bid is invalid and shall not	8260
be considered unless that form is used without change, alteration,	8261
or addition. Before submitting bids pursuant to this section, any	8262
builder shall comply with Chapter 153. of the Revised Code.	8263

(c) On the day and at the place named for receiving bids for	8264
entering into lease agreements with a state agency, the director	8265
of administrative services shall open the bids and shall publicly	8266
proceed immediately to tabulate the bids upon duplicate sheets. No	8267
lease agreement shall be entered into until the bureau of workers'	8268
compensation has certified that the person to be awarded the lease	8269
agreement has complied with Chapter 4123. of the Revised Code,	8270
until, if the builder submitting the lowest and best bid is a	8271
foreign corporation, the secretary of state has certified that the	8272
corporation is authorized to do business in this state, until, if	8273
the builder submitting the lowest and best bid is a person	8274
nonresident of this state, the person has filed with the secretary	8275
of state a power of attorney designating the secretary of state as	8276
its agent for the purpose of accepting service of summons in any	8277
action brought under Chapter 4123. of the Revised Code, and until	8278
the agreement is submitted to the attorney general and the	8279
attorney general's approval is certified thereon. Within thirty	8280
days after the day on which the bids are received, the department	8281
shall investigate the bids received and shall determine that the	8282
bureau and the secretary of state have made the certifications	8283
required by this section of the builder who has submitted the	8284
lowest and best bid. Within ten days of the completion of the	8285
investigation of the bids, the department shall award the lease	8286
agreement to the builder who has submitted the lowest and best bid	8287
and who has been certified by the bureau and secretary of state as	8288
required by this section. If bidding for the lease agreement has	8289
been conducted upon the basis of basic plans, specifications,	8290
bills of materials, and estimates of costs, upon the award to the	8291
builder the department, or the builder with the approval of the	8292
department, shall appoint an architect or engineer licensed in	8293
this state to prepare such further detailed plans, specifications,	8294
and bills of materials as are required to construct the building,	8295
structure, or improvement. The department shall adopt such rules	8296
as are necessary to give effect to this section. The department	8297
may reject any bid. Where there is reason to believe there is	8298
collusion or combination among bidders, the bids of those	8299
concerned therein shall be rejected.	8300

(11) To acquire by purchase, gift, devise, or grant and to	8301
transfer, lease, or otherwise dispose of all real property	8302
required to assist in the development of a conversion facility as	8303
defined in section 5709.30 of the Revised Code as that section	8304
existed before its repeal by Amended Substitute House Bill 95 of	8305
the 125th general assembly;	8306

(12) To lease for a period not to exceed forty years,	8307
notwithstanding any other division of this section, the	8308
state-owned property located at 408-450 East Town Street,	8309
Columbus, Ohio, formerly the state school for the deaf, to a	8310
developer in accordance with this section. "Developer," as used in	8311
this section, has the same meaning as in section 123.77 of the	8312
Revised Code.	8313

Such a lease shall be for the purpose of development of the	8314
land for use by senior citizens by constructing, altering,	8315
renovating, repairing, expanding, and improving the site as it	8316
existed on June 25, 1982. A developer desiring to lease the land	8317
shall prepare for submission to the department a plan for	8318
development. Plans shall include provisions for roads, sewers,	8319
water lines, waste disposal, water supply, and similar matters to	8320
meet the requirements of state and local laws. The plans shall	8321
also include provision for protection of the property by insurance	8322
or otherwise, and plans for financing the development, and shall	8323
set forth details of the developer's financial responsibility.	8324

The department may employ, as employees or consultants,	8325
persons needed to assist in reviewing the development plans. Those	8326
persons may include attorneys, financial experts, engineers, and	8327
other necessary experts. The department shall review the	8328
development plans and may enter into a lease if it finds all of	8329
the following:	8330

(a) The best interests of the state will be promoted by	8331
entering into a lease with the developer;	8332

(b) The development plans are satisfactory;

8333

(c) The developer has established the developer's financial	8334
responsibility and satisfactory plans for financing the	8335
development.	8336

The lease shall contain a provision that construction or	8337
renovation of the buildings, roads, structures, and other	8338
necessary facilities shall begin within one year after the date of	8339
the lease and shall proceed according to a schedule agreed to	8340
between the department and the developer or the lease will be	8341
terminated. The lease shall contain such conditions and	8342
stipulations as the director considers necessary to preserve the	8343
best interest of the state. Moneys received by the state pursuant	8344
to this lease shall be paid into the general revenue fund. The	8345
lease shall provide that at the end of the lease period the	8346
buildings, structures, and related improvements shall become the	8347
property of the state without cost.	8348

(13) To manage the use of space owned and controlled by the	8349
department, including space in property under the jurisdiction of	8350
the Ohio building authority, by doing all of the following:	8351

(a) Biennially implementing, by state agency location, a	8352
census of agency employees assigned space;	8353

(b) Periodically in the discretion of the director of	8354
administrative services:	8355

(i) Requiring each state agency to categorize the use of	8356
space allotted to the agency between office space, common areas,	8357
storage space, and other uses, and to report its findings to the	8358
department;	8359

(ii) Creating and updating a master space utilization plan	8360
for all space allotted to state agencies. The plan shall	8361
incorporate space utilization metrics.	8362

(iii) Conducting a cost-benefit analysis to determine the	8363
effectiveness of state-owned buildings;	8364

(iv) Assessing the alternatives associated with consolidating	8365
the commercial leases for buildings located in Columbus.	8366

(c) Commissioning a comprehensive space utilization and	8367
capacity study in order to determine the feasibility of	8368
consolidating existing commercially leased space used by state	8369
agencies into a new state-owned facility.	8370

(14) To adopt rules to ensure that energy efficiency and	8371
conservation is considered in the purchase of products and	8372
equipment, except motor vehicles, by any state agency, department,	8373
division, bureau, office, unit, board, commission, authority,	8374
quasi-governmental entity, or institution. The department may	8375
require minimum energy efficiency standards for purchased products	8376
and equipment based on federal testing and labeling if available	8377
or on standards developed by the department. When possible, the	8378
rules shall apply to the competitive selection of energy consuming	8379
systems, components, and equipment under Chapter 125. of the	8380
Revised Code.	8381

(15) To ensure energy efficient and energy conserving	8382
purchasing practices by doing all of the following:	8383

(a) Identifying available energy efficiency and conservation	8384
opportunities;	8385

(b) Providing for interchange of information among purchasing	8386
agencies;	8387

(c) Identifying laws, policies, rules, and procedures that	8388
should be modified;	8389

(d) Monitoring experience with and the cost-effectiveness of	8390
this state's purchase and use of motor vehicles and of major	8391
energy-consuming systems, components, equipment, and products	8392
having a significant impact on energy consumption by the	8393
government;	8394

(e) Providing technical assistance and training to state	8395
employees involved in the purchasing process;	8396

(f) Working with the ~~department of~~ development services	8397
agency to make recommendations regarding planning and	8398
implementation of purchasing policies and procedures that are	8399
supportive of energy efficiency and conservation.	8400

(16) To require all state agencies, departments, divisions,	8401
bureaus, offices, units, commissions, boards, authorities,	8402
quasi-governmental entities, institutions, and state institutions	8403
of higher education to implement procedures to ensure that all of	8404
the passenger automobiles they acquire in each fiscal year, except	8405
for those passenger automobiles acquired for use in law	8406
enforcement or emergency rescue work, achieve a fleet average fuel	8407
economy of not less than the fleet average fuel economy for that	8408
fiscal year as the department shall prescribe by rule. The	8409
department shall adopt the rule prior to the beginning of the	8410
fiscal year, in accordance with the average fuel economy standards	8411
established by federal law for passenger automobiles manufactured	8412
during the model year that begins during the fiscal year.	8413

Each state agency, department, division, bureau, office,	8414
unit, commission, board, authority, quasi-governmental entity,	8415
institution, and state institution of higher education shall	8416
determine its fleet average fuel economy by dividing the total	8417
number of passenger vehicles acquired during the fiscal year,	8418
except for those passenger vehicles acquired for use in law	8419
enforcement or emergency rescue work, by a sum of terms, each of	8420
which is a fraction created by dividing the number of passenger	8421
vehicles of a given make, model, and year, except for passenger	8422
vehicles acquired for use in law enforcement or emergency rescue	8423
work, acquired during the fiscal year by the fuel economy measured	8424
by the administrator of the United States environmental protection	8425
agency, for the given make, model, and year of vehicle, that	8426
constitutes an average fuel economy for combined city and highway	8427
driving.	8428

As used in division (A)(16) of this section, "acquired" means	8429
leased for a period of sixty continuous days or more, or	8430
purchased.	8431

(B) This section and section 125.02 of the Revised Code shall	8432
not interfere with any of the following:	8433

(1) The power of the adjutant general to purchase military	8434
supplies, or with the custody of the adjutant general of property	8435
leased, purchased, or constructed by the state and used for	8436
military purposes, or with the functions of the adjutant general	8437
as director of state armories;	8438

(2) The power of the director of transportation in acquiring	8439
rights-of-way for the state highway system, or the leasing of	8440
lands for division or resident district offices, or the leasing of	8441
lands or buildings required in the maintenance operations of the	8442
department of transportation, or the purchase of real property for	8443
garage sites or division or resident district offices, or in	8444
preparing plans and specifications for and constructing such	8445
buildings as the director may require in the administration of the	8446
department;	8447

(3) The power of the director of public safety and the	8448
registrar of motor vehicles to purchase or lease real property and	8449
buildings to be used solely as locations to which a deputy	8450
registrar is assigned pursuant to division (B) of section 4507.011	8451
of the Revised Code and from which the deputy registrar is to	8452
conduct the deputy registrar's business, the power of the director	8453
of public safety to purchase or lease real property and buildings	8454
to be used as locations for division or district offices as	8455
required in the maintenance of operations of the department of	8456
public safety, and the power of the superintendent of the state	8457
highway patrol in the purchase or leasing of real property and	8458
buildings needed by the patrol, to negotiate the sale of real	8459
property owned by the patrol, to rent or lease real property owned	8460
or leased by the patrol, and to make or cause to be made repairs	8461
to all property owned or under the control of the patrol;	8462

(4) The power of the division of liquor control in the	8463
leasing or purchasing of retail outlets and warehouse facilities	8464
for the use of the division;	8465

(5) The power of the director of development services to	8466
enter into leases of real property, buildings, and office space to	8467
be used solely as locations for the state's foreign offices to	8468
carry out the purposes of section 122.05 of the Revised Code;	8469

(6) The power of the director of environmental protection to	8470
enter into environmental covenants, to grant and accept easements,	8471
or to sell property pursuant to division (G) of section 3745.01 of	8472
the Revised Code.	8473

(C) Purchases for, and the custody and repair of, buildings	8474
under the management and control of the capitol square review and	8475
advisory board, the ~~rehabilitation services commission~~	8476
opportunities for Ohioans with disabilities agency, the bureau of	8477
workers' compensation, or the departments of public safety, job	8478
and family services, ~~mental health~~mental health and addiction	8479
services, developmental disabilities, and rehabilitation and	8480
correction; buildings of educational and benevolent institutions	8481
under the management and control of boards of trustees; and	8482
purchases or leases for, and the custody and repair of, office	8483
space used for the purposes of the joint legislative ethics	8484
committee are not subject to the control and jurisdiction of the	8485
department of administrative services.	8486

If the joint legislative ethics committee so requests, the	8487
committee and the director of administrative services may enter	8488
into a contract under which the department of administrative	8489
services agrees to perform any services requested by the committee	8490
that the department is authorized under this section to perform.	8491

(D) Any instrument by which real property is acquired	8492
pursuant to this section shall identify the agency of the state	8493
that has the use and benefit of the real property as specified in	8494
section 5301.012 of the Revised Code.	8495

Sec. 123.10. (A) As used in this section and section 123.11	8496
of the Revised Code, "public exigency" means an injury or	8497
obstruction that occurs in any public works of the state	8498
maintained by the director of administrative services and that	8499
materially impairs its immediate use or places in jeopardy	8500
property adjacent to it; an immediate danger of such an injury or	8501
obstruction; or an injury or obstruction, or an immediate danger	8502
of an injury or obstruction, that occurs in any public works of	8503
the state maintained by the director of administrative services	8504
and that materially impairs its immediate use or places in	8505
jeopardy property adjacent to it.	8506

(B) When a declaration of public exigency is issued pursuant	8507
to division (C) of this section, ~~the director of administrative~~	8508
~~services may request~~ the Ohio facilities construction commission	8509
toshall enter into contracts with proper persons for the	8510
performance of labor, the furnishing of materials, or the	8511
construction of any structures and buildings necessary to the	8512
maintenance, control, and management of the public works of the	8513
state or any part of those public works. Any contracts awarded for	8514
the work performed pursuant to the declaration of a public	8515
exigency may be awarded without competitive bidding or selection	8516
as set forth in Chapter 153. of the Revised Code.	8517

(C) The executive director of ~~administrative services~~the	8518
Ohio facilities construction commission may issue a declaration of	8519
a public exigency on the executive director's own initiative or	8520
upon the request of the director of any state agency. The	8521
executive director's declaration shall identify the specific	8522
injury, obstruction, or danger that is the subject of the	8523
declaration and shall set forth a dollar limitation for the	8524
repair, removal, or prevention of that exigency under the	8525
declaration.	8526

Before any project to repair, remove, or prevent a public	8527
exigency under the executive director's declaration may begin, the	8528
executive director shall send notice of the project, in writing,	8529
to the director of budget and management and to the members of the	8530
controlling board. That notice shall detail the project to be	8531
undertaken to address the public exigency and shall include a copy	8532
of the executive director's declaration that establishes the	8533
monetary limitations on that project.	8534

Sec. 123.11. When a public exigency, as defined in division	8535
(A) of section 123.10 of the Revised Code, exists, the executive	8536
director of ~~administrative services~~the Ohio facilities	8537
construction commission may take possession of lands and use them,	8538
or materials and other property necessary for the maintenance,	8539
protection, or repair of the public works, in accordance with	8540
sections 163.01 to 163.22 of the Revised Code.	8541

Sec. 123.19. There is hereby established in the state	8542
treasury the theater equipment maintenance fund. All appropriate	8543
theater-related revenues of the department of administrative	8544
services, as determined by the department, shall be credited to	8545
that fund and to any accounts created in that fund with the	8546
department's approval. All appropriate theater-related expenses of	8547
the department, as determined by the department, including	8548
reimbursement of, or payment to, any other fund or any	8549
governmental agency for advances made or services rendered to or	8550
on behalf of the department, shall be paid from that fund as	8551
determined by or pursuant to directions of the department. All	8552
investment earnings of that fund shall be credited to it and shall	8553
be allocated among any accounts created in the fund in the manner	8554
determined by the department.	8555

Sec. 123.201. (A) There is hereby created in the state	8556
treasury the Ohio facilities construction commission fund,	8557
consisting of transfers of moneys authorized by the general	8558
assembly and revenues received by the Ohio facilities construction	8559
commission under section 123.21 of the Revised Code. Investment	8560
earnings on moneys in the fund shall be credited to the fund.	8561
Moneys in the fund may be used by the commission, in performing	8562
its duties under this chapter, to pay personnel and other	8563
administrative expenses, to pay the cost of preparing building	8564
design specifications, to pay the cost of providing project	8565
management services, and for other purposes determined by the	8566
commission to be necessary to fulfill its duties under this	8567
chapter.	8568

(B)(1) There is hereby created in the state treasury the	8569
cultural and sports facilities building fund, consisting of	8570
proceeds of obligations authorized to pay costs of Ohio cultural	8571
facilities and Ohio sports facilities for which appropriations are	8572
made by the general assembly. All investment earnings of the fund	8573
shall be credited to the fund.	8574

(2) Upon the request of the executive director of the Ohio	8575
facilities construction commission and subject to applicable tax	8576
law limitations, the director of budget and management may	8577
transfer to the Ohio cultural facilities administration fund	8578
moneys credited to the cultural and sports facilities building	8579
fund to pay the costs of administering projects funded through the	8580
cultural and sports facilities building fund.	8581

(C) There is hereby created in the state treasury the Ohio	8582
cultural facilities administration fund, consisting of transfers	8583
of money authorized by the general assembly and revenues received	8584
by the commission under division (A)(9) of section 123.21 of the	8585
Revised Code. Moneys in the fund may be used by the Ohio	8586
facilities construction commission in administering projects	8587
funded through the cultural and sports facilities building fund	8588
pursuant to sections 123.28 and 128.281 of the Revised Code. All	8589
investment earnings of that fund shall be credited to it and shall	8590
be allocated among any accounts created in the fund in the manner	8591
determined by the commission.	8592

(D)(1) There is hereby created in the state treasury the	8593
capital donations fund, which shall be administered by the Ohio	8594
facilities construction commission. The fund consists of gifts,	8595
grants, devises, bequests, and other financial contributions made	8596
to the commission for the construction or improvement of cultural	8597
and sports facilities and shall be used in accordance with the	8598
specific purposes for which the gifts, grants, devises, bequests,	8599
or other financial contributions are made. All investment earnings	8600
of the fund shall be credited to the fund. Chapters 123., 125.,	8601
127., and 153. and section 3517.13 of the Revised Code do not	8602
apply to contract obligations paid from the fund, notwithstanding	8603
anything to the contrary in those chapters or that section.	8604

(2) Not later than one month following the end of each	8605
quarter of the fiscal year, the commission shall allocate the	8606
amounts credited to the fund from investment earnings during that	8607
preceding quarter of the fiscal year among the specific projects	8608
for which they are to be used and shall certify this information	8609
to the director of budget and management.	8610

(3) If the amounts credited to the fund for a particular	8611
project exceed what is required to complete that project, the	8612
commission may refund any of those excess amounts, including	8613
unexpended investment earnings attributable to those amounts, to	8614
the entity from which they were received.	8615

Sec. 123.21. (A) The Ohio facilities construction commission	8616
may perform any act and ensure the performance of any function	8617
necessary or appropriate to carry out the purposes of, and	8618
exercise the powers granted under this chapter or any other	8619
provision of the Revised Code, including any of the following:	8620

(1) Prepare, or contract to be prepared, by licensed	8621
engineers or architects, surveys, general and detailed plans,	8622
specifications, bills of materials, and estimates of cost for any	8623
projects, improvements, or public buildings to be constructed by	8624
state agencies that may be authorized by legislative	8625
appropriations or any other funds made available therefor,	8626
provided that the construction of the projects, improvements, or	8627
public buildings is a statutory duty of the commission. This	8628
section does not require the independent employment of an	8629
architect or engineer as provided by section 153.01 of the Revised	8630
Code in the cases to which section 153.01 of the Revised Code	8631
applies. This section does not affect or alter the existing powers	8632
of the director of transportation.	8633

(2) Have general supervision over the construction of any	8634
projects, improvements, or public buildings constructed for a	8635
state agency and over the inspection of materials prior to their	8636
incorporation into those projects, improvements, or buildings.	8637

(3) Make contracts for and supervise the design and	8638
construction of any projects and improvements or the construction	8639
and repair of buildings under the control of a state agency. All	8640
such contracts may be based in whole or in part on the unit price	8641
or maximum estimated cost, with payment computed and made upon	8642
actual quantities or units.	8643

(4) Adopt, amend, and rescind rules pertaining to the	8644
administration of the construction of the public works of the	8645
state as required by law, in accordance with Chapter 119. of the	8646
Revised Code.	8647

(5) Contract with, retain the services of, or designate, and	8648
fix the compensation of, such agents, accountants, consultants,	8649
advisers, and other independent contractors as may be necessary or	8650
desirable to carry out the programs authorized under this chapter,	8651
or authorize the executive director to perform such powers and	8652
duties.	8653

(6) Receive and accept any gifts, grants, donations, and	8654
pledges, and receipts therefrom, to be used for the programs	8655
authorized under this chapter.	8656

(7) Make and enter into all contracts, commitments, and	8657
agreements, and execute all instruments, necessary or incidental	8658
to the performance of its duties and the execution of its rights	8659
and powers under this chapter, or authorize the executive director	8660
to perform such powers and duties.	8661

(8) Debar a contractor as provided in section 153.02 of the	8662
Revised Code.	8663

(9) Enter into and administer cooperative agreements for	8664
cultural projects, as provided in sections 123.28 and 123.281 of	8665
the Revised Code.	8666

(B) The commission shall appoint and fix the compensation of	8667
an executive director who shall serve at the pleasure of the	8668
commission. The executive director shall exercise all powers that	8669
the commission possesses, supervise the operations of the	8670
commission, and perform such other duties as delegated by the	8671
commission. The executive director also shall employ and fix the	8672
compensation of such employees as will facilitate the activities	8673
and purposes of the commission, who shall serve at the pleasure of	8674
the executive director. The employees of the commission are exempt	8675
from Chapter 4117. of the Revised Code and are not considered	8676
public employees as defined in section 4117.01 of the Revised	8677
Code. Any agreement entered into prior to July 1, 2012, between	8678
the office of collective bargaining and the exclusive	8679
representative for employees of the commission is binding and	8680
shall continue to have effect.	8681

(C) The attorney general shall serve as the legal	8682
representative for the commission and may appoint other counsel as	8683
necessary for that purpose in accordance with section 109.07 of	8684
the Revised Code.	8685

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

8686

"Capital facilities project" means the construction,	8687
reconstruction, improvement, enlargement, alteration, or repair of	8688
a building by a public entity.	8689

"Public entity" includes a state agency and a state	8690
institution of higher education.	8691

"State institution of higher education" has the same meaning	8692
as in section 3345.011 of the Revised Code.	8693

(B) Commencing not later than July 1, 2012, and upon	8694
completion of a capital facilities project that is funded wholly	8695
or in part using state funds, each public entity shall submit a	8696
report about the project to the executive director of the Ohio	8697
facilities construction commission. The report shall be submitted	8698
in Ohio administrative knowledge system capital improvement format	8699
or in a manner determined by the executive director and not later	8700
than thirty days after the project is complete. The report shall	8701
provide the total original contract bid, total cost of change	8702
orders, total actual cost of the project, total costs incurred for	8703
mediation and litigation services, and any other data requested by	8704
the executive director. The first report submitted pursuant to	8705
this division shall include information about any capital	8706
facilities project completed on or after July 1, 2011. Any capital	8707
facilities project that is funded wholly or in part through	8708
appropriations made to the Ohio school facilities commission,or	8709
the Ohio public works commission, ~~or the Ohio cultural facilities~~	8710
~~commission,~~ or for which a joint use agreement has been entered	8711
into with any public entity, is exempt from the reporting	8712
requirement prescribed under this division.	8713

(C) Commencing not later than July 1, 2012, and annually	8714
thereafter, the attorney general shall report to the executive	8715
director of the Ohio facilities construction commission on any	8716
mediation and litigation costs associated with capital facilities	8717
projects for which a judgment has been rendered. The report shall	8718
be submitted in a manner prescribed by the executive director and	8719
shall contain any information requested by the executive director	8720
related to capital facilities project mediation and litigation	8721
costs.	8722

(D) As soon as practicable after such information is made	8723
available, the executive director of the Ohio facilities	8724
construction commission shall incorporate the information reported	8725
pursuant to divisions (B) and (C) of this section into the Ohio	8726
administrative knowledge system.	8727

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	8728
section 123.281 of the Revised Code:	8729

(A) "Culture" means any of the following:

8730

(1) Visual, musical, dramatic, graphic, design, and other	8731
arts, including, but not limited to, architecture, dance,	8732
literature, motion pictures, music, painting, photography,	8733
sculpture, and theater, and the provision of training or education	8734
in these arts;	8735

(2) The presentation or making available, in museums or other	8736
indoor or outdoor facilities, of principles of science and their	8737
development, use, or application in business, industry, or	8738
commerce or of the history, heritage, development, presentation,	8739
and uses of the arts described in division (A)(1) of this section	8740
and of transportation;	8741

(3) The preservation, presentation, or making available of	8742
features of archaeological, architectural, environmental, or	8743
historical interest or significance in a state historical facility	8744
or a local historical facility.	8745

(B) "Cultural organization" means either of the following:

8746

(1) A governmental agency or Ohio nonprofit corporation,	8747
including the Ohio historical society, that provides programs or	8748
activities in areas directly concerned with culture;	8749

(2) A regional arts and cultural district as defined in	8750
section 3381.01 of the Revised Code.	8751

(C) "Cultural project" means all or any portion of an Ohio	8752
cultural facility for which the general assembly has ~~specifically~~	8753
~~authorized the spending of money, or~~ made an appropriation,	8754
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	8755
~~Revised Code~~or has specifically authorized the spending of money	8756
or the making of rental payments relating to the financing of	8757
construction.	8758

(D) "Cooperative contract" means a contract between the Ohio	8759
~~cultural~~ facilities construction commission and a cultural	8760
organization providing the terms and conditions of the cooperative	8761
use of an Ohio cultural facility.	8762

(E) "Costs of operation" means amounts required to manage an	8763
Ohio cultural facility that are incurred following the completion	8764
of construction of its cultural project, provided that both of the	8765
following apply:	8766

(1) Those amounts either:

8767

(a) Have been committed to a fund dedicated to that purpose;

8768

(b) Equal the principal of any endowment fund, the income	8769
from which is dedicated to that purpose.	8770

(2) The commission and the cultural organization have	8771
executed an agreement with respect to either of those funds.	8772

(F) ~~"General building services" means general building~~	8773
~~services for an Ohio cultural facility or an Ohio sports facility,~~	8774
~~including, but not limited to, general custodial care, security,~~	8775
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	8776
~~fire safety, grounds and site maintenance and upkeep, and~~	8777
~~plumbing.~~	8778

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	8779
~~state-supported or state-assisted institution of higher education,~~	8780
a municipal corporation, county, township, or school district, a	8781
port authority created under Chapter 4582. of the Revised Code,	8782
any other political subdivision or special district in this state	8783
established by or pursuant to law, or any combination of these	8784
entities; except where otherwise indicated, the United States or	8785
any department, division, or agency of the United States, or any	8786
agency, commission, or authority established pursuant to an	8787
interstate compact or agreement.	8788

~~(H)~~(G) "Local contributions" means the value of an asset	8789
provided by or on behalf of a cultural organization from sources	8790
other than the state, the value and nature of which shall be	8791
approved by the Ohio ~~cultural~~ facilities construction commission,	8792
in its sole discretion. "Local contributions" may include the	8793
value of the site where a cultural project is to be constructed.	8794
All "local contributions," except a contribution attributable to	8795
such a site, shall be for the costs of construction of a cultural	8796
project or the creation or expansion of an endowment for the costs	8797
of operation of a cultural facility.	8798

~~(I)~~(H) "Local historical facility" means a site or facility,	8799
other than a state historical facility, of archaeological,	8800
architectural, environmental, or historical interest or	8801
significance, or a facility, including a storage facility,	8802
appurtenant to the operations of such a site or facility, that is	8803
owned by a cultural organization~~, provided the facility meets the~~	8804
~~requirements of division (K)(2)(b) of this section, is managed by~~	8805
~~or pursuant to a contract with the Ohio cultural facilities~~	8806
~~commission,~~ and is used for or in connection with ~~the~~cultural	8807
activities ~~of the commission~~, including the presentation or making	8808
available of culture to the public.	8809

~~(J)~~(I) "Manage," "operate," or "management" means the	8810
provision of, or the exercise of control over the provision of,	8811
activities:	8812

(1) Relating to culture for an Ohio cultural facility,	8813
including as applicable, but not limited to, providing for	8814
displays, exhibitions, specimens, and models; booking of artists,	8815
performances, or presentations; scheduling; and hiring or	8816
contracting for directors, curators, technical and scientific	8817
staff, ushers, stage managers, and others directly related to the	8818
cultural activities in the facility; but not including general	8819
building services;	8820

(2) Relating to sports and athletic events for an Ohio sports	8821
facility, including as applicable, but not limited to, providing	8822
for booking of athletes, teams, and events; scheduling; and hiring	8823
or contracting for staff, ushers, managers, and others directly	8824
related to the sports and athletic events in the facility; but not	8825
including general building services.	8826

~~(K)~~(J) "Ohio cultural facility" means any of the following:

8827

(1) The theaters located in the state office tower at 77	8828
South High street in Columbus;	8829

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	8830
~~of the following apply:~~	8831

~~(a) The construction of a cultural project related to the~~	8832
~~facility was authorized or funded by the general assembly pursuant~~	8833
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	8834
~~proceeds of state bonds are used for costs of the cultural~~	8835
~~project.~~	8836

~~(b) The facility~~that is managed directly by, or is subject	8837
to a cooperative or management contract with, the Ohio ~~cultural~~	8838
facilities construction commission~~, and is used for or in~~	8839
~~connection with the activities of the commission, including the~~	8840
~~presentation or making available of culture to the public and the~~	8841
~~provision of training or education in culture~~.	8842

(3) A state historical facility or a local historical	8843
facility.	8844

~~(L) "State agency" means the state or any of its branches,~~	8845
~~officers, boards, commissions, authorities, departments,~~	8846
~~divisions, or other units or agencies.~~	8847

~~(M)~~(K) "Construction" includes acquisition, including	8848
acquisition by lease-purchase, demolition, reconstruction,	8849
alteration, renovation, remodeling, enlargement, improvement, site	8850
improvements, and related equipping and furnishing.	8851

~~(N)~~(L) "State historical facility" means a site or facility	8852
that has all of the following characteristics:	8853

(1) It is created, supervised, operated, protected,	8854
maintained, and promoted by the Ohio historical society pursuant	8855
to the society's performance of public functions under sections	8856
149.30 and 149.302 of the Revised Code.	8857

(2) Its title must reside wholly or in part with the state,	8858
the society, or both the state and the society.	8859

(3) It is managed directly by or is subject to a cooperative	8860
or management contract with the Ohio ~~cultural~~ facilities	8861
construction commission and is used for or in connection with ~~the~~	8862
cultural activities ~~of the commission~~, including the presentation	8863
or making available of culture to the public.	8864

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	8865
stadium, arena, tennis facility, motorsports complex, or other	8866
capital facility in this state, or a facility officially	8867
designated by the United States olympic committee as an olympic	8868
and paralympic training site that provides a significant economic	8869
benefit to the state. A primary purpose of the facility shall be	8870
to provide a site or venue for the presentation to the public of	8871
motorsports events, professional tennis tournaments, or events of	8872
one or more major or minor league professional athletic or sports	8873
teams that are associated with the state or with a city or region	8874
of the state, or training of olympic or paralympic athletes. The	8875
facility shall be, in the case of a motorsports complex, owned by	8876
the state or governmental agency, or in all other instances, owned	8877
by or located on real property owned by the state or a	8878
governmental agency, and includes all parking facilities,	8879
walkways, and other auxiliary facilities, equipment, furnishings,	8880
and real and personal property and interests and rights therein,	8881
that may be appropriate for or used for or in connection with the	8882
facility or its operation, for capital costs of which state funds	8883
are spent pursuant to ~~this chapter~~this section and section	8884
123.281 of the Revised Code. A facility constructed as an Ohio	8885
sports facility may be both an Ohio cultural facility and an Ohio	8886
sports facility.	8887

~~(P)~~(N) "Motorsports" means sporting events in which motor	8888
vehicles are driven on a clearly demarcated tracked surface.	8889

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	8890
commission shall provide for the construction of a cultural	8891
project in conformity with Chapter 153. of the Revised Code,	8892
except ~~as follows:~~	8893

~~(1) For a cultural project other than a state historical~~	8894
~~facility, construction services may be provided on behalf of the~~	8895
~~state by the Ohio cultural facilities commission, or by~~for	8896
construction services provided on behalf of the state by a	8897
governmental agency or a cultural organization in accordance with	8898
divisions (B) and (C) of this section.	8899

(B) In order for a governmental agency or a cultural	8900
organization ~~that occupies, will occupy, or is responsible for the~~	8901
~~Ohio cultural facility, as determined by the Ohio cultural~~	8902
~~facilities commission. For a project receiving a state~~	8903
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8904
~~facilities commission may delegate to its executive director the~~	8905
~~authority to approve the provision of construction services by~~	8906
~~such an agency or organization, but not the authority to~~	8907
~~disapprove that provision. Construction services to be provided by~~	8908
~~a governmental agency or a cultural organization shall be~~	8909
~~specified in an agreement between the Ohio cultural facilities~~	8910
~~commission and the governmental agency or cultural organization.~~	8911
~~The agreement, or any actions taken under it, are not subject to~~	8912
~~Chapter 123. or 153. of the Revised Code, except for sections~~	8913
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	8914
~~Chapter 4115. of the Revised Code.~~	8915

~~(2) For a cultural project that is~~to provide construction	8916
services on behalf of the state for a cultural project, other than	8917
a state historical facility, for which the general assembly has	8918
made an appropriation or specifically authorized the spending of	8919
money or the making of rental payments relating to the financing	8920
of the construction, the governmental agency or cultural	8921
organization shall submit to the Ohio facilities construction	8922
commission a cooperative agreement that includes, but is not	8923
limited to, provisions that:	8924

(1) Specify how the proposed project will support culture, as	8925
defined in section 123.28 of the Revised Code;	8926

(2) Specify that the governmental agency or cultural	8927
organization has local contributions amounting to not less than	8928
fifty per cent of the total state funding for the cultural	8929
project;	8930

(3) Specify that the funds shall be used only for	8931
construction, as defined in section 123.28 of the Revised Code;	8932

(4) Identify the facility to be constructed, renovated,	8933
remodeled, or improved;	8934

(5) Specify that the project scope meets the intent and	8935
purpose of the project appropriation and that the project can be	8936
completed and ready for full occupancy without exceeding	8937
appropriated funds;	8938

(6) Specify that the governmental agency or cultural	8939
organization shall hold the Ohio facilities construction	8940
commission harmless from all liability for the operation and	8941
maintenance costs of the facility;	8942

(7) Specify that the agreement or any actions taken under it	8943
are not subject to Chapters 123. or 153. of the Revised Code,	8944
except for section 153.011 of the Revised Code, and are subject to	8945
Chapter 4115. of the Revised Code; and	8946

(8) Provide that amendments to the agreement shall require	8947
the approval of the Ohio facilities construction commission.	8948

(C) In order for a cultural organization to provide	8949
construction services on behalf of the state for a state	8950
historical facility~~, construction services may be provided by the~~	8951
~~Ohio cultural facilities commission or by a cultural organization~~	8952
~~that occupies, will occupy, or is responsible for the facility, as~~	8953
~~determined by the Ohio cultural facilities commission. For a~~	8954
~~facility receiving a state appropriation of fifty thousand dollars~~	8955
~~or less, the Ohio cultural facilities commission may delegate to~~	8956
~~its executive director the authority to approve the provision of~~	8957
~~construction services by such an organization, but not the~~	8958
~~authority to disapprove that provision. The construction services~~	8959
~~to be provided by the cultural organization shall be specified in~~	8960
~~an agreement between the Ohio cultural facilities commission and~~	8961
~~the cultural organization. That agreement, and any actions taken~~	8962
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	8963
~~Revised Code.~~	8964

~~(B) For an Ohio sports facility that is financed in part by~~	8965
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	8966
~~construction services shall be provided on behalf of the state by~~	8967
~~or at the direction of the governmental agency or nonprofit~~	8968
~~corporation that will own or be responsible for the management of~~	8969
~~the facility, all as determined by the Ohio cultural facilities~~	8970
~~commission. For a facility receiving a state appropriation of~~	8971
~~fifty thousand dollars or less, the Ohio cultural facilities~~	8972
~~commission may delegate to its executive director the authority to~~	8973
~~approve the provision of construction services by or at the~~	8974
~~direction of the agency or corporation, but not the authority to~~	8975
~~disapprove that provision. Any construction services to be~~	8976
~~provided by a governmental agency or nonprofit corporation shall~~	8977
~~be specified in an agreement between the Ohio cultural facilities~~	8978
~~commission and the governmental agency or nonprofit corporation.~~	8979
~~That agreement, and any actions taken under it, are not subject to~~	8980
~~Chapter 123. or 153. of the Revised Code, except for sections~~	8981
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	8982
~~Chapter 4115. of the Revised Code.~~	8983

~~(C) General building services for an Ohio cultural facility~~	8984
~~shall be provided by the Ohio cultural facilities commission or by~~	8985
~~a cultural organization that occupies, will occupy, or is~~	8986
~~responsible for the facility, as determined by the Ohio cultural~~	8987
~~facilities commission. For a facility receiving a state~~	8988
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	8989
~~facilities commission may delegate to its executive director the~~	8990
~~authority to approve the provision of general building services by~~	8991
~~such an organization, but not the authority to disapprove that~~	8992
~~provision. Alternatively, the Ohio building authority may elect to~~	8993
~~provide those services for Ohio cultural facilities financed with~~	8994
~~proceeds of state bonds issued by the authority. The costs of~~	8995
~~management and general building services shall be paid by the~~	8996
~~cultural organization that occupies, will occupy, or is~~	8997
~~responsible for the facility as provided in an agreement between~~	8998
~~the Ohio cultural facilities commission and the cultural~~	8999
~~organization, except that the state may pay for general building~~	9000
~~services for state-owned cultural facilities constructed on~~	9001
~~state-owned land.~~	9002

~~General building services for an Ohio sports facility shall~~	9003
~~be provided by or at the direction of the governmental agency or~~	9004
~~nonprofit corporation that will be responsible for the management~~	9005
~~of the facility, all as determined by the Ohio cultural facilities~~	9006
~~commission. For a facility receiving a state appropriation of~~	9007
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9008
~~commission may delegate to its executive director the authority to~~	9009
~~approve the provision of general building services by or at the~~	9010
~~direction of the agency or corporation, but not the authority to~~	9011
~~disapprove that provision. Any general building services to be~~	9012
~~provided by a governmental agency or nonprofit corporation for an~~	9013
~~Ohio sports facility shall be specified in an agreement between~~	9014
~~the Ohio cultural facilities commission and the governmental~~	9015
~~agency or nonprofit corporation. That agreement, and any actions~~	9016
~~taken under it, are not subject to Chapter 123. or 153. of the~~	9017
~~Revised Code, except for sections 123.081 and 153.011 of the~~	9018
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	9019
~~Code.~~	9020

~~(D) This division does not apply to a state historical~~	9021
~~facility. No state funds, including any state bond proceeds, shall~~	9022
~~be spent on the construction of any cultural project under this~~	9023
~~chapter unless, with respect to the cultural project and to the~~	9024
~~Ohio cultural facility related to the project, all of the~~	9025
~~following apply:~~	9026

~~(1) The Ohio cultural facilities commission has determined~~	9027
~~that there is a need for the cultural project and the Ohio~~	9028
~~cultural facility related to the project in the region of the~~	9029
~~state in which the Ohio cultural facility is located or for which~~	9030
~~the facility is proposed. For a project receiving a state~~	9031
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9032
~~facilities commission may delegate to its executive director the~~	9033
~~authority to determine need but only in the affirmative.~~	9034

~~(2) The Ohio cultural facilities commission has determined~~	9035
~~that, as an indication of substantial regional support for the~~	9036
~~cultural project, the cultural organization has made provision~~	9037
~~satisfactory to the Ohio cultural facilities commission, in its~~	9038
~~sole discretion, for local contributions amounting to not less~~	9039
~~than fifty per cent of the total state funding for the cultural~~	9040
~~project. For a project receiving a state appropriation of fifty~~	9041
~~thousand dollars or less, the Ohio cultural facilities commission~~	9042
~~may delegate to its executive director the authority to determine~~	9043
~~the adequacy of the regional support but only in the affirmative.~~	9044

~~(3) The general assembly has specifically authorized the~~	9045
~~spending of money on, or made an appropriation for, the~~	9046
~~construction of the cultural project, or for rental payments~~	9047
~~relating to the financing of the construction of the cultural~~	9048
~~project. Authorization to spend money, or an appropriation, for~~	9049
~~planning the cultural project does not constitute authorization to~~	9050
~~spend money on, or an appropriation for, construction of the~~	9051
~~cultural project.~~	9052

~~(E) No state funds, including any state bond proceeds, shall~~	9053
~~be spent on the construction of any state historical facility~~	9054
~~under this chapter unless the general assembly has specifically~~	9055
~~authorized the spending of money on, or made an appropriation for,~~	9056
~~the construction of the state historical project related to the~~	9057
~~facility, or for rental payments relating to the financing of the~~	9058
~~construction of the state historical project. Authorization to~~	9059
~~spend money, or an appropriation, for planning the state~~	9060
~~historical project does not constitute authorization to spend~~	9061
~~money on, or an appropriation for, the construction of the state~~	9062
~~historical project.~~	9063

~~(F)~~for which the general assembly has made an appropriation	9064
or specifically authorized the spending of money or the making of	9065
rental payments relating to the financing of the construction, the	9066
cultural organization shall submit to the Ohio facilities	9067
construction commission a cooperative agreement that includes, but	9068
is not limited to, provisions that:	9069

(1) Specify how the proposed project will support culture, as	9070
defined in section 123.28 of the Revised Code;	9071

(2) Specify that the funds shall be used only for	9072
construction, as defined in section 123.28 of the Revised Code;	9073

(3) Identify the facility to be constructed, renovated,	9074
remodeled, or improved;	9075

(4) Specify that the project scope meets the intent and	9076
purpose of the project appropriation and that the project can be	9077
completed and ready for full occupancy without exceeding	9078
appropriated funds;	9079

(5) Specify that the cultural organization shall hold the	9080
Ohio facilities construction commission harmless from all	9081
liability for the operation and maintenance costs of the facility;	9082

(6) Specify that the agreement or any actions taken under it	9083
are not subject to Chapters 123., 153., or 4115. of the Revised	9084
Code; and	9085

(7) Provide that amendments to the agreement shall require	9086
the approval of the Ohio facilities construction commission.	9087

(D) State funds shall not be used to pay or reimburse more	9088
than fifteen per cent of the initial estimated construction cost	9089
of an Ohio sports facility, excluding any site acquisition cost,	9090
and no state funds, including any state bond proceeds, shall be	9091
spent on any Ohio sports facility under this chapter unless, with	9092
respect to that facility, all of the following apply:	9093

(1) The Ohio ~~cultural~~ facilities construction commission has	9094
~~determined that there is a need for the facility in the region of~~	9095
~~the state for which the facility is proposed to provide the~~	9096
~~function of an Ohio sports facility as provided for in this~~	9097
~~chapter. For a facility receiving a state appropriation of fifty~~	9098
~~thousand dollars or less, the Ohio cultural facilities commission~~	9099
~~may delegate to its executive director the authority to determine~~	9100
~~need but only in the affirmative.~~	9101

~~(2) As an indication of substantial local support for the~~	9102
~~facility, the Ohio cultural facilities commission has~~ received a	9103
financial and development plan satisfactory to it, and provision	9104
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	9105
~~cultural facilities~~ commission, for a contribution amounting to	9106
not less than eighty-five per cent of the total estimated	9107
construction cost of the facility, excluding any site acquisition	9108
cost, from sources other than the state. ~~For a facility receiving~~	9109
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	9110
~~cultural facilities commission may delegate to its executive~~	9111
~~director the authority to evaluate the financial and development~~	9112
~~plan and the contribution and to determine their adequacy but only~~	9113
~~in the affirmative.~~	9114

~~(3)~~(2) The general assembly has specifically authorized the	9115
spending of money on, or made an appropriation for, the	9116
construction of the facility, or for rental payments relating to	9117
state financing of all or a portion of the costs of constructing	9118
the facility. Authorization to spend money, or an appropriation,	9119
for planning or determining the feasibility of or need for the	9120
facility does not constitute authorization to spend money on, or	9121
an appropriation for, costs of constructing the facility.	9122

~~(4)~~(3) If state bond proceeds are being used for the Ohio	9123
sports facility, the state or a governmental agency owns or has	9124
sufficient property interests in the facility or in the site of	9125
the facility or in the portion or portions of the facility	9126
financed from proceeds of state bonds, which may include, but is	9127
not limited to, the right to use or to require the use of the	9128
facility for the presentation of sport and athletic events to the	9129
public at the facility.	9130

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	9131
this section, no state funds, including any state bond proceeds,	9132
shall be spent on any Ohio sports facility that is a motorsports	9133
complex, unless, with respect to that facility, both of the	9134
following apply:	9135

(1) Motorsports events shall be presented at the facility	9136
pursuant to a lease entered into with the owner of the facility.	9137
The term of the lease shall be for a period of not less than the	9138
greater of the useful life of the portion of the facility financed	9139
from proceeds of state bonds as determined using the guidelines	9140
for maximum maturities as provided under divisions (B) and (C) of	9141
section 133.20 of the Revised Code, or the period of time	9142
remaining to the date of payment or provision for payment of	9143
outstanding state bonds allocable to costs of the facility, all as	9144
determined by the director of budget and management and certified	9145
by the executive director toof the Ohio ~~cultural~~ facilities	9146
construction commission and to the treasurer of state.	9147

(2) Any motorsports organization that commits to using the	9148
facility for an established period of time shall give the	9149
political subdivision in which the facility is located not less	9150
than six months' advance notice if the organization intends to	9151
cease utilizing the facility prior to the expiration of that	9152
established period. Such a motorsports organization shall be	9153
liable to the state for any state funds used on the construction	9154
costs of the facility.	9155

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	9156
this section, no state bond proceeds shall be spent on any Ohio	9157
sports facility that is a tennis facility, unless the owner or	9158
manager of the facility provides contractual commitments from a	9159
national or international professional tennis organization in a	9160
form acceptable to the ~~cultural~~Ohio facilities construction	9161
commission that assures that one or more sanctioned professional	9162
tennis events will be presented at the facility during each year	9163
that the bonds remain outstanding.	9164

Sec. 124.11. The civil service of the state and the several	9165
counties, cities, civil service townships, city health districts,	9166
general health districts, and city school districts of the state	9167
shall be divided into the unclassified service and the classified	9168
service.	9169

(A) The unclassified service shall comprise the following	9170
positions, which shall not be included in the classified service,	9171
and which shall be exempt from all examinations required by this	9172
chapter:	9173

(1) All officers elected by popular vote or persons appointed	9174
to fill vacancies in those offices;	9175

(2) All election officers as defined in section 3501.01 of	9176
the Revised Code;	9177

(3)(a) The members of all boards and commissions, and heads	9178
of principal departments, boards, and commissions appointed by the	9179
governor or by and with the governor's consent;	9180

(b) The heads of all departments appointed by a board of	9181
county commissioners;	9182

(c) The members of all boards and commissions and all heads	9183
of departments appointed by the mayor, or, if there is no mayor,	9184
such other similar chief appointing authority of any city or city	9185
school district;	9186

Except as otherwise provided in division (A)(17) or (C) of	9187
this section, this chapter does not exempt the chiefs of police	9188
departments and chiefs of fire departments of cities or civil	9189
service townships from the competitive classified service.	9190

(4) The members of county or district licensing boards or	9191
commissions and boards of revision, and not more than five deputy	9192
county auditors;	9193

(5) All officers and employees elected or appointed by either	9194
or both branches of the general assembly, and employees of the	9195
city legislative authority engaged in legislative duties;	9196

(6) All commissioned, warrant, and noncommissioned officers	9197
and enlisted persons in the Ohio organized militia, including	9198
military appointees in the adjutant general's department;	9199

(7)(a) All presidents, business managers, administrative	9200
officers, superintendents, assistant superintendents, principals,	9201
deans, assistant deans, instructors, teachers, and such employees	9202
as are engaged in educational or research duties connected with	9203
the public school system, colleges, and universities, as	9204
determined by the governing body of the public school system,	9205
colleges, and universities;	9206

(b) The library staff of any library in the state supported	9207
wholly or in part at public expense.	9208

(8) Four clerical and administrative support employees for	9209
each of the elective state officers, four clerical and	9210
administrative support employees for each board of county	9211
commissioners and one such employee for each county commissioner,	9212
and four clerical and administrative support employees for other	9213
elective officers and each of the principal appointive executive	9214
officers, boards, or commissions, except for civil service	9215
commissions, that are authorized to appoint such clerical and	9216
administrative support employees;	9217

(9) The deputies and assistants of state agencies authorized	9218
to act for and on behalf of the agency, or holding a fiduciary or	9219
administrative relation to that agency and those persons employed	9220
by and directly responsible to elected county officials or a	9221
county administrator and holding a fiduciary or administrative	9222
relationship to such elected county officials or county	9223
administrator, and the employees of such county officials whose	9224
fitness would be impracticable to determine by competitive	9225
examination, provided that division (A)(9) of this section shall	9226
not affect those persons in county employment in the classified	9227
service as of September 19, 1961. Nothing in division (A)(9) of	9228
this section applies to any position in a county department of job	9229
and family services created pursuant to Chapter 329. of the	9230
Revised Code.	9231

(10) Bailiffs, constables, official stenographers, and	9232
commissioners of courts of record, deputies of clerks of the	9233
courts of common pleas who supervise or who handle public moneys	9234
or secured documents, and such officers and employees of courts of	9235
record and such deputies of clerks of the courts of common pleas	9236
as the appointing authority finds it impracticable to determine	9237
their fitness by competitive examination;	9238

(11) Assistants to the attorney general, special counsel	9239
appointed or employed by the attorney general, assistants to	9240
county prosecuting attorneys, and assistants to city directors of	9241
law;	9242

(12) Such teachers and employees in the agricultural	9243
experiment stations; such students in normal schools, colleges,	9244
and universities of the state who are employed by the state or a	9245
political subdivision of the state in student or intern	9246
classifications; and such unskilled labor positions as the	9247
director of administrative services, with respect to positions in	9248
the service of the state, or any municipal civil service	9249
commission may find it impracticable to include in the competitive	9250
classified service; provided such exemptions shall be by order of	9251
the commission or the director, duly entered on the record of the	9252
commission or the director with the reasons for each such	9253
exemption;	9254

(13) Any physician or dentist who is a full-time employee of	9255
the department of ~~mental health~~mental health and addiction	9256
services, the department of developmental disabilities, or an	9257
institution under the jurisdiction of either department; and	9258
physicians who are in residency programs at the institutions;	9259

(14) Up to twenty positions at each institution under the	9260
jurisdiction of the department of ~~mental health~~mental health and	9261
addiction services or the department of developmental disabilities	9262
that the department director determines to be primarily	9263
administrative or managerial; and up to fifteen positions in any	9264
division of either department, excluding administrative assistants	9265
to the director and division chiefs, which are within the	9266
immediate staff of a division chief and which the director	9267
determines to be primarily and distinctively administrative and	9268
managerial;	9269

(15) Noncitizens of the United States employed by the state,	9270
or its counties or cities, as physicians or nurses who are duly	9271
licensed to practice their respective professions under the laws	9272
of this state, or medical assistants, in mental or chronic disease	9273
hospitals, or institutions;	9274

(16) Employees of the governor's office;

9275

(17) Fire chiefs and chiefs of police in civil service	9276
townships appointed by boards of township trustees under section	9277
505.38 or 505.49 of the Revised Code;	9278

(18) Executive directors, deputy directors, and program	9279
directors employed by boards of alcohol, drug addiction, and	9280
mental health services under Chapter 340. of the Revised Code, and	9281
secretaries of the executive directors, deputy directors, and	9282
program directors;	9283

(19) Superintendents, and management employees as defined in	9284
section 5126.20 of the Revised Code, of county boards of	9285
developmental disabilities;	9286

(20) Physicians, nurses, and other employees of a county	9287
hospital who are appointed pursuant to sections 339.03 and 339.06	9288
of the Revised Code;	9289

(21) The executive director of the state medical board, who	9290
is appointed pursuant to division (B) of section 4731.05 of the	9291
Revised Code;	9292

(22) County directors of job and family services as provided	9293
in section 329.02 of the Revised Code and administrators appointed	9294
under section 329.021 of the Revised Code;	9295

(23) A director of economic development who is hired pursuant	9296
to division (A) of section 307.07 of the Revised Code;	9297

(24) Chiefs of construction and compliance, of operations and	9298
maintenance, of worker protection, and of licensing and	9299
certification in the division of industrial compliance in the	9300
department of commerce;	9301

(25) The executive director of a county transit system	9302
appointed under division (A) of section 306.04 of the Revised	9303
Code;	9304

(26) Up to five positions at each of the administrative	9305
departments listed in section 121.02 of the Revised Code and at	9306
the department of taxation, department of the adjutant general,	9307
department of education, Ohio board of regents, bureau of workers'	9308
compensation, industrial commission, state lottery commission,	9309
opportunities for Ohioans with disabilities agency, and public	9310
utilities commission of Ohio that the head of that administrative	9311
department or of that other state agency determines to be involved	9312
in policy development and implementation. The head of the	9313
administrative department or other state agency shall set the	9314
compensation for employees in these positions at a rate that is	9315
not less than the minimum compensation specified in pay range 41	9316
but not more than the maximum compensation specified in pay range	9317
4447 of salary schedule E-2 in section 124.152 of the Revised	9318
Code. The authority to establish positions in the unclassified	9319
service under division (A)(26) of this section is in addition to	9320
and does not limit any other authority that an administrative	9321
department or state agency has under the Revised Code to establish	9322
positions, appoint employees, or set compensation.	9323

(27) Employees of the department of agriculture employed	9324
under section 901.09 of the Revised Code;	9325

(28) For cities, counties, civil service townships, city	9326
health districts, general health districts, and city school	9327
districts, the deputies and assistants of elective or principal	9328
executive officers authorized to act for and in the place of their	9329
principals or holding a fiduciary relation to their principals;	9330

(29) Employees who receive intermittent or temporary	9331
appointments under division (B) of section 124.30 of the Revised	9332
Code;	9333

(30) Employees appointed to administrative staff positions	9334
for which an appointing authority is given specific statutory	9335
authority to set compensation;	9336

(31) Employees appointed to highway patrol cadet or highway	9337
patrol cadet candidate classifications;	9338

(32) Employees placed in the unclassified service by another	9339
section of the Revised Code.	9340

(B) The classified service shall comprise all persons in the	9341
employ of the state and the several counties, cities, city health	9342
districts, general health districts, and city school districts of	9343
the state, not specifically included in the unclassified service.	9344
Upon the creation by the board of trustees of a civil service	9345
township civil service commission, the classified service shall	9346
also comprise, except as otherwise provided in division (A)(17) or	9347
(C) of this section, all persons in the employ of a civil service	9348
township police or fire department having ten or more full-time	9349
paid employees. The classified service consists of two classes,	9350
which shall be designated as the competitive class and the	9351
unskilled labor class.	9352

(1) The competitive class shall include all positions and	9353
employments in the state and the counties, cities, city health	9354
districts, general health districts, and city school districts of	9355
the state, and, upon the creation by the board of trustees of a	9356
civil service township of a township civil service commission, all	9357
positions in a civil service township police or fire department	9358
having ten or more full-time paid employees, for which it is	9359
practicable to determine the merit and fitness of applicants by	9360
competitive examinations. Appointments shall be made to, or	9361
employment shall be given in, all positions in the competitive	9362
class that are not filled by promotion, reinstatement, transfer,	9363
or reduction, as provided in this chapter, and the rules of the	9364
director of administrative services, by appointment from those	9365
certified to the appointing officer in accordance with this	9366
chapter.	9367

(2) The unskilled labor class shall include ordinary	9368
unskilled laborers. Vacancies in the labor class for positions in	9369
service of the state shall be filled by appointment from lists of	9370
applicants registered by the director or the director's designee.	9371
Vacancies in the labor class for all other positions shall be	9372
filled by appointment from lists of applicants registered by a	9373
commission. The director or the commission, as applicable, by	9374
rule, shall require an applicant for registration in the labor	9375
class to furnish evidence or take tests as the director or	9376
commission considers proper with respect to age, residence,	9377
physical condition, ability to labor, honesty, sobriety, industry,	9378
capacity, and experience in the work or employment for which	9379
application is made. Laborers who fulfill the requirements shall	9380
be placed on the eligible list for the kind of labor or employment	9381
sought, and preference shall be given in employment in accordance	9382
with the rating received from that evidence or in those tests.	9383
Upon the request of an appointing officer, stating the kind of	9384
labor needed, the pay and probable length of employment, and the	9385
number to be employed, the director or commission, as applicable,	9386
shall certify from the highest on the list double the number to be	9387
employed; from this number, the appointing officer shall appoint	9388
the number actually needed for the particular work. If more than	9389
one applicant receives the same rating, priority in time of	9390
application shall determine the order in which their names shall	9391
be certified for appointment.	9392

(C) A municipal or civil service township civil service	9393
commission may place volunteer firefighters who are paid on a	9394
fee-for-service basis in either the classified or the unclassified	9395
civil service.	9396

(D)(1) This division does not apply to persons in the	9397
unclassified service who have the right to resume positions in the	9398
classified service under sections 4121.121, ~~5119.071~~5119.18,	9399
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	9400
Revised Code or to cities, counties, or political subdivisions of	9401
the state.	9402

(2) A person who holds a position in the classified service	9403
of the state and who is appointed to a position in the	9404
unclassified service shall retain the right to resume the position	9405
and status held by the person in the classified service	9406
immediately prior to the person's appointment to the position in	9407
the unclassified service, regardless of the number of positions	9408
the person held in the unclassified service. An employee's right	9409
to resume a position in the classified service may only be	9410
exercised when an appointing authority demotes the employee to a	9411
pay range lower than the employee's current pay range or revokes	9412
the employee's appointment to the unclassified service and:	9413

(a) That person held a certified position prior to July 1,	9414
2007, in the classified service within the appointing authority's	9415
agency; or	9416

(b) That person held a permanent position on or after July 1,	9417
2007, in the classified service within the appointing authority's	9418
agency.	9419

(3) An employee forfeits the right to resume a position in	9420
the classified service when:	9421

(a) The employee is removed from the position in the	9422
unclassified service due to incompetence, inefficiency,	9423
dishonesty, drunkenness, immoral conduct, insubordination,	9424
discourteous treatment of the public, neglect of duty, violation	9425
of this chapter or the rules of the director of administrative	9426
services, any other failure of good behavior, any other acts of	9427
misfeasance, malfeasance, or nonfeasance in office, or conviction	9428
of a felony; or	9429

(b) Upon transfer to a different agency.

9430

(4) Reinstatement to a position in the classified service	9431
shall be to a position substantially equal to that position in the	9432
classified service held previously, as certified by the director	9433
of administrative services. If the position the person previously	9434
held in the classified service has been placed in the unclassified	9435
service or is otherwise unavailable, the person shall be appointed	9436
to a position in the classified service within the appointing	9437
authority's agency that the director of administrative services	9438
certifies is comparable in compensation to the position the person	9439
previously held in the classified service. Service in the position	9440
in the unclassified service shall be counted as service in the	9441
position in the classified service held by the person immediately	9442
prior to the person's appointment to the position in the	9443
unclassified service. When a person is reinstated to a position in	9444
the classified service as provided in this division, the person is	9445
entitled to all rights, status, and benefits accruing to the	9446
position in the classified service during the person's time of	9447
service in the position in the unclassified service.	9448

Sec. 124.14. (A)(1) The director of administrative services	9449
shall establish, and may modify or rescind, by rule, a job	9450
classification plan for all positions, offices, and employments	9451
~~the salaries of which are paid in whole or in part by~~in the	9452
service of the state. The director shall group jobs within a	9453
classification so that the positions are similar enough in duties	9454
and responsibilities to be described by the same title, to have	9455
the same pay assigned with equity, and to have the same	9456
qualifications for selection applied. The director shall, by rule,	9457
assign a classification title to each classification within the	9458
classification plan. However, the director shall consider in	9459
establishing classifications, including classifications with	9460
parenthetical titles, and assigning pay ranges such factors as	9461
duties performed only on one shift, special skills in short supply	9462
in the labor market, recruitment problems, separation rates,	9463
comparative salary rates, the amount of training required, and	9464
other conditions affecting employment. The director shall describe	9465
the duties and responsibilities of the class, establish the	9466
qualifications for being employed in each position in the class,	9467
and file with the secretary of state a copy of specifications for	9468
all of the classifications. The director shall file new,	9469
additional, or revised specifications with the secretary of state	9470
before they are used.	9471

The director shall, by rule, assign each classification,	9472
either on a statewide basis or in particular counties or state	9473
institutions, to a pay range established under section 124.15 or	9474
section 124.152 of the Revised Code. The director may assign a	9475
classification to a pay range on a temporary basis for a period of	9476
six months. The director may establish, by rule adopted under	9477
Chapter 119. of the Revised Code, experimental classification	9478
plans for some or all employees paid directly by warrant of the	9479
director of budget and management. The rule shall include	9480
specifications for each classification within the plan and shall	9481
specifically address compensation ranges, and methods for	9482
advancing within the ranges, for the classifications, which may be	9483
assigned to pay ranges other than the pay ranges established under	9484
section 124.15 or 124.152 of the Revised Code.	9485

(2) The director of administrative services may reassign to a	9486
proper classification those positions that have been assigned to	9487
an improper classification. If the compensation of an employee in	9488
such a reassigned position exceeds the maximum rate of pay for the	9489
employee's new classification, the employee shall be placed in pay	9490
step X and shall not receive an increase in compensation until the	9491
maximum rate of pay for that classification exceeds the employee's	9492
compensation.	9493

(3) The director may reassign an exempt employee, as defined	9494
in section 124.152 of the Revised Code, to a bargaining unit	9495
classification if the director determines that the bargaining unit	9496
classification is the proper classification for that employee.	9497
Notwithstanding Chapter 4117. of the Revised Code or instruments	9498
and contracts negotiated under it, these placements are at the	9499
director's discretion.	9500

(4) The director shall, by rule, assign related	9501
classifications, which form a career progression, to a	9502
classification series. The director shall, by rule, assign each	9503
classification in the classification plan a five-digit number, the	9504
first four digits of which shall denote the classification series	9505
to which the classification is assigned. When a career progression	9506
encompasses more than ten classifications, the director shall, by	9507
rule, identify the additional classifications belonging to a	9508
classification series. The additional classifications shall be	9509
part of the classification series, notwithstanding the fact that	9510
the first four digits of the number assigned to the additional	9511
classifications do not correspond to the first four digits of the	9512
numbers assigned to other classifications in the classification	9513
series.	9514

(B) Division (A) of this section and sections 124.15 and	9515
124.152 of the Revised Code do not apply to the following persons,	9516
positions, offices, and employments:	9517

(1) Elected officials;

9518

(2) Legislative employees, employees of the legislative	9519
service commission, employees in the office of the governor,	9520
employees who are in the unclassified civil service and exempt	9521
from collective bargaining coverage in the office of the secretary	9522
of state, auditor of state, treasurer of state, and attorney	9523
general, and employees of the supreme court;	9524

(3) Any position for which the authority to determine	9525
compensation is given by law to another individual or entity;	9526

(4) Employees of the bureau of workers' compensation whose	9527
compensation the administrator of workers' compensation	9528
establishes under division (B) of section 4121.121 of the Revised	9529
Code.	9530

(C) The director may employ a consulting agency to aid and	9531
assist the director in carrying out this section.	9532

(D)(1) When the director proposes to modify a classification	9533
or the assignment of classes to appropriate pay ranges, the	9534
director shall send written notice of the proposed rule to the	9535
appointing authorities of the affected employees thirty days	9536
before a hearing on the proposed rule. The appointing authorities	9537
shall notify the affected employees regarding the proposed rule.	9538
The director also shall send those appointing authorities notice	9539
of any final rule that is adopted within ten days after adoption.	9540

(2) When the director proposes to reclassify any employee in	9541
the service of the state so that the employee is adversely	9542
affected, the director shall give to the employee affected and to	9543
the employee's appointing authority a written notice setting forth	9544
the proposed new classification, pay range, and salary. Upon the	9545
request of any classified employee in the service of the state who	9546
is not serving in a probationary period, the director shall	9547
perform a job audit to review the classification of the employee's	9548
position to determine whether the position is properly classified.	9549
The director shall give to the employee affected and to the	9550
employee's appointing authority a written notice of the director's	9551
determination whether or not to reclassify the position or to	9552
reassign the employee to another classification. An employee or	9553
appointing authority desiring a hearing shall file a written	9554
request for the hearing with the state personnel board of review	9555
within thirty days after receiving the notice. The board shall set	9556
the matter for a hearing and notify the employee and appointing	9557
authority of the time and place of the hearing. The employee, the	9558
appointing authority, or any authorized representative of the	9559
employee who wishes to submit facts for the consideration of the	9560
board shall be afforded reasonable opportunity to do so. After the	9561
hearing, the board shall consider anew the reclassification and	9562
may order the reclassification of the employee and require the	9563
director to assign the employee to such appropriate classification	9564
as the facts and evidence warrant. As provided in division (A)(1)	9565
of section 124.03 of the Revised Code, the board may determine the	9566
most appropriate classification for the position of any employee	9567
coming before the board, with or without a job audit. The board	9568
shall disallow any reclassification or reassignment classification	9569
of any employee when it finds that changes have been made in the	9570
duties and responsibilities of any particular employee for	9571
political, religious, or other unjust reasons.	9572

(E)(1) Employees of each county department of job and family	9573
services shall be paid a salary or wage established by the board	9574
of county commissioners. The provisions of section 124.18 of the	9575
Revised Code concerning the standard work week apply to employees	9576
of county departments of job and family services. A board of	9577
county commissioners may do either of the following:	9578

(a) Notwithstanding any other section of the Revised Code,	9579
supplement the sick leave, vacation leave, personal leave, and	9580
other benefits of any employee of the county department of job and	9581
family services of that county, if the employee is eligible for	9582
the supplement under a written policy providing for the	9583
supplement;	9584

(b) Notwithstanding any other section of the Revised Code,	9585
establish alternative schedules of sick leave, vacation leave,	9586
personal leave, or other benefits for employees not inconsistent	9587
with the provisions of a collective bargaining agreement covering	9588
the affected employees.	9589

(2) Division (E)(1) of this section does not apply to	9590
employees for whom the state employment relations board	9591
establishes appropriate bargaining units pursuant to section	9592
4117.06 of the Revised Code, except in either of the following	9593
situations:	9594

(a) The employees for whom the state employment relations	9595
board establishes appropriate bargaining units elect no	9596
representative in a board-conducted representation election.	9597

(b) After the state employment relations board establishes	9598
appropriate bargaining units for such employees, all employee	9599
organizations withdraw from a representation election.	9600

(F)(1) Notwithstanding any contrary provision of sections	9601
124.01 to 124.64 of the Revised Code, the board of trustees of	9602
each state university or college, as defined in section 3345.12 of	9603
the Revised Code, shall carry out all matters of governance	9604
involving the officers and employees of the university or college,	9605
including, but not limited to, the powers, duties, and functions	9606
of the department of administrative services and the director of	9607
administrative services specified in this chapter. Officers and	9608
employees of a state university or college shall have the right of	9609
appeal to the state personnel board of review as provided in this	9610
chapter.	9611

(2) Each board of trustees shall adopt rules under section	9612
111.15 of the Revised Code to carry out the matters of governance	9613
described in division (F)(1) of this section. Until the board of	9614
trustees adopts those rules, a state university or college shall	9615
continue to operate pursuant to the applicable rules adopted by	9616
the director of administrative services under this chapter.	9617

(G)(1) Each board of county commissioners may, by a	9618
resolution adopted by a majority of its members, establish a	9619
county personnel department to exercise the powers, duties, and	9620
functions specified in division (G) of this section. As used in	9621
division (G) of this section, "county personnel department" means	9622
a county personnel department established by a board of county	9623
commissioners under division (G)(1) of this section.	9624

(2)(a) Each board of county commissioners, by a resolution	9625
adopted by a majority of its members, may designate the county	9626
personnel department of the county to exercise the powers, duties,	9627
and functions specified in sections 124.01 to 124.64 and Chapter	9628
325. of the Revised Code with regard to employees in the service	9629
of the county, except for the powers and duties of the state	9630
personnel board of review, which powers and duties shall not be	9631
construed as having been modified or diminished in any manner by	9632
division (G)(2) of this section, with respect to the employees for	9633
whom the board of county commissioners is the appointing authority	9634
or co-appointing authority.	9635

(b) Nothing in division (G)(2) of this section shall be	9636
construed to limit the right of any employee who possesses the	9637
right of appeal to the state personnel board of review to continue	9638
to possess that right of appeal.	9639

(c) Any board of county commissioners that has established a	9640
county personnel department may contract with the department of	9641
administrative services, in accordance with division (H) of this	9642
section, another political subdivision, or an appropriate public	9643
or private entity to provide competitive testing services or other	9644
appropriate services.	9645

(3) After the county personnel department of a county has	9646
been established as described in division (G)(2) of this section,	9647
any elected official, board, agency, or other appointing authority	9648
of that county, upon written notification to the county personnel	9649
department, may elect to use the services and facilities of the	9650
county personnel department. Upon receipt of the notification by	9651
the county personnel department, the county personnel department	9652
shall exercise the powers, duties, and functions as described in	9653
division (G)(2) of this section with respect to the employees of	9654
that elected official, board, agency, or other appointing	9655
authority.	9656

(4) Each board of county commissioners, by a resolution	9657
adopted by a majority of its members, may disband the county	9658
personnel department.	9659

(5) Any elected official, board, agency, or appointing	9660
authority of a county may end its involvement with a county	9661
personnel department upon actual receipt by the department of a	9662
certified copy of the notification that contains the decision to	9663
no longer participate.	9664

(6) A county personnel department, in carrying out its	9665
duties, shall adhere to merit system principles with regard to	9666
employees of county departments of job and family services, child	9667
support enforcement agencies, and public child welfare agencies so	9668
that there is no threatened loss of federal funding for these	9669
agencies, and the county is financially liable to the state for	9670
any loss of federal funds due to the action or inaction of the	9671
county personnel department.	9672

(H) County agencies may contract with the department of	9673
administrative services for any human resources services,	9674
including, but not limited to, establishment and modification of	9675
job classification plans, competitive testing services, and	9676
periodic audits and reviews of the county's uniform application of	9677
the powers, duties, and functions specified in sections 124.01 to	9678
124.64 and Chapter 325. of the Revised Code with regard to	9679
employees in the service of the county. Nothing in this division	9680
modifies the powers and duties of the state personnel board of	9681
review with respect to employees in the service of the county.	9682
Nothing in this division limits the right of any employee who	9683
possesses the right of appeal to the state personnel board of	9684
review to continue to possess that right of appeal.	9685

(I) The director of administrative services shall establish	9686
the rate and method of compensation for all employees who are paid	9687
directly by warrant of the director of budget and management and	9688
who are serving in positions that the director of administrative	9689
services has determined impracticable to include in the state job	9690
classification plan. This division does not apply to elected	9691
officials, legislative employees, employees of the legislative	9692
service commission, employees who are in the unclassified civil	9693
service and exempt from collective bargaining coverage in the	9694
office of the secretary of state, auditor of state, treasurer of	9695
state, and attorney general, employees of the courts, employees of	9696
the bureau of workers' compensation whose compensation the	9697
administrator of workers' compensation establishes under division	9698
(B) of section 4121.121 of the Revised Code, or employees of an	9699
appointing authority authorized by law to fix the compensation of	9700
those employees.	9701

(J) The director of administrative services shall set the	9702
rate of compensation for all intermittent, seasonal, temporary,	9703
emergency, and casual employees in the service of the state who	9704
are not considered public employees under section 4117.01 of the	9705
Revised Code. Those employees are not entitled to receive employee	9706
benefits. This rate of compensation shall be equitable in terms of	9707
the rate of employees serving in the same or similar	9708
classifications. This division does not apply to elected	9709
officials, legislative employees, employees of the legislative	9710
service commission, employees who are in the unclassified civil	9711
service and exempt from collective bargaining coverage in the	9712
office of the secretary of state, auditor of state, treasurer of	9713
state, and attorney general, employees of the courts, employees of	9714
the bureau of workers' compensation whose compensation the	9715
administrator establishes under division (B) of section 4121.121	9716
of the Revised Code, or employees of an appointing authority	9717
authorized by law to fix the compensation of those employees.	9718

Sec. 124.18. (A) Forty hours shall be the standard work week	9719
for all employees whose salary or wage is paid in whole or in part	9720
by the state or by any state-supported college or university. When	9721
any employee whose salary or wage is paid in whole or in part by	9722
the state or by any state-supported college or university is	9723
required by an authorized administrative authority to be in an	9724
active pay status more than forty hours in any calendar week, the	9725
employee shall be compensated for such time over forty hours,	9726
except as otherwise provided in this section, at one and one-half	9727
times the employee's regular rate of pay. The use of sick leave or	9728
any leave used in lieu of sick leave shall not be considered to be	9729
active pay status for the purposes of earning overtime or	9730
compensatory time by employees whose wages are paid directly by	9731
warrant of the director of budget and management. A flexible-hours	9732
employee is not entitled to compensation for overtime work unless	9733
the employee's authorized administrative authority required the	9734
employee to be in active pay status for more than forty hours in a	9735
calendar week, regardless of the number of hours the employee	9736
works on any day in the same calendar week.	9737

Such compensation for overtime work shall be paid no later	9738
than at the conclusion of the next succeeding pay period.	9739

If the employee elects to take compensatory time off in lieu	9740
of overtime pay for any overtime worked, such compensatory time	9741
shall be granted by the employee's administrative superior, on a	9742
time and one-half basis, at a time mutually convenient to the	9743
employee and the administrative superior. Compensatory time is not	9744
available for use until it appears on the employee's earning	9745
statement and the compensation described in the earning statement	9746
is available to the employee.	9747

An employee may accrue compensatory time to a maximum of two	9748
hundred forty hours, except that public safety employees and other	9749
employees who meet the criteria established in the "Federal Fair	9750
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	9751
as amended, may accrue a maximum of four hundred eighty hours of	9752
compensatory time. An employee shall be paid at the employee's	9753
regular rate of pay for any hours of compensatory time accrued in	9754
excess of these maximum amounts if the employee has not used the	9755
compensatory time within three hundred sixty-five days after it is	9756
granted, if the employee transfers to another agency of the state,	9757
or if a change in the employee's status exempts the employee from	9758
the payment of overtime compensation. Upon the termination of	9759
employment, any employee with accrued but unused compensatory time	9760
shall be paid for that time at a rate that is the greater of the	9761
employee's final regular rate of pay or the employee's average	9762
regular rate of pay during the employee's last three years of	9763
employment with the state.	9764

No overtime, as described in this section, can be paid unless	9765
it has been authorized by the authorized administrative authority.	9766
Employees may be exempted from the payment of compensation as	9767
required by this section only under the criteria for exemption	9768
from the payment of overtime compensation established in the	9769
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9770
U.S.C.A. 207, 213, as amended. With the approval of the director	9771
of administrative services, the appointing authority may establish	9772
a policy to grant compensatory time or to pay compensation to	9773
~~state~~ employees in the service of the state who are exempt from	9774
overtime compensation. With the approval of the board of county	9775
commissioners, a county human services department may establish a	9776
policy to grant compensatory time or to pay compensation to	9777
employees of the department who are exempt from overtime	9778
compensation.	9779

(B)(1) An employee, whose salary or wage is paid in whole or	9780
in part by the state, shall be paid for the holidays declared in	9781
section 124.19 of the Revised Code and shall not be required to	9782
work on those holidays, unless, in the opinion of the employee's	9783
responsible administrative authority, failure to work on those	9784
holidays would impair the public service.	9785

(2) An employee paid directly by warrant of the director of	9786
budget and management who is scheduled to work on the first day of	9787
January, the commemoration of memorial day, the fourth day of	9788
July, the fourth Thursday in November, or the twenty-fifth day of	9789
December and who does not report to work the day before, the day	9790
of, or the day after the holiday due to an illness of the employee	9791
or of a member of the employee's immediate family shall not	9792
receive holiday pay as provided by this division, unless the	9793
employee can provide documentation of extenuating circumstances	9794
that prohibited the employee from so reporting to work. If the	9795
employee works a shift between the employee's scheduled shift and	9796
the holiday, the employee shall be paid for the holiday.	9797

(3) An employee also shall not be paid for a holiday unless	9798
the employee was in active pay status on the scheduled work day	9799
immediately preceding the holiday, except that an employee need	9800
not be in active pay status on that work day in order to be paid	9801
for the holiday if the employee is participating in a mandatory or	9802
voluntary cost savings day under section 124.392 of the Revised	9803
Code.	9804

(4) If any of the holidays declared in section 124.19 of the	9805
Revised Code falls on Saturday, the Friday immediately preceding	9806
shall be observed as the holiday. If any of the holidays declared	9807
in section 124.19 of the Revised Code falls on Sunday, the Monday	9808
immediately succeeding shall be observed as the holiday. Employees	9809
whose work schedules are based on the requirements of a	9810
seven-days-a-week work operation shall observe holidays on the	9811
actual days specified in section 124.19 of the Revised Code.	9812

(5) If an employee's work schedule is other than Monday	9813
through Friday, the employee shall be entitled to eight hours of	9814
holiday pay for holidays observed on the employee's day off	9815
regardless of the day of the week on which they are observed.	9816

(6) A full-time permanent employee is entitled to a minimum	9817
of eight hours of pay for each holiday regardless of the	9818
employee's work shift and work schedule. A flexible-hours	9819
employee, who is normally scheduled to work in excess of eight	9820
hours on a day on which a holiday falls, either shall be required	9821
to work an alternate schedule for that week or shall receive	9822
additional holiday pay for the hours the employee is normally	9823
scheduled to work. Such an alternate schedule may require a	9824
flexible-hours employee to work five shifts consisting of eight	9825
hours each during the week including the holiday, and, in that	9826
case, the employee shall receive eight hours of holiday pay for	9827
the day the holiday is observed.	9828

(7) Except as provided under section 124.392 of the Revised	9829
Code, part-time permanent employees shall receive four hours of	9830
holiday pay regardless of the employee's work shift and work	9831
schedule.	9832

(8) When an employee who is eligible for overtime pay under	9833
this section is required by the employee's responsible	9834
administrative authority to work on the day observed as a holiday,	9835
the employee shall be entitled to pay for such time worked at one	9836
and one-half times the employee's regular rate of pay in addition	9837
to the employee's regular pay, or to be granted compensatory time	9838
off at time and one-half thereafter, at the employee's option.	9839
Payment at such rate shall be excluded in the calculation of hours	9840
in active pay status.	9841

(C) Each appointing authority may designate the number of	9842
employees in an agency who are flexible-hours employees. The	9843
appointing authority may establish for each flexible-hours	9844
employee a specified minimum number of hours to be worked each day	9845
that is consistent with the "Federal Fair Labor Standards Act of	9846
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	9847

(D) This section shall be uniformly administered for	9848
employees as defined in section 124.01 of the Revised Code and by	9849
the personnel departments of state-supported colleges and	9850
universities for employees of state-supported colleges and	9851
universities. If employees are not paid directly by warrant of the	9852
director of budget and management, the political subdivision shall	9853
determine whether the use of sick leave shall be considered to be	9854
active pay status for purposes of those employees earning overtime	9855
or compensatory time.	9856

(E) Policies relating to the payment of overtime pay or the	9857
granting of compensatory time off shall be adopted by the chief	9858
administrative officer of the house of representatives for	9859
employees of the house of representatives, by the clerk of the	9860
senate for employees of the senate, and by the director of the	9861
legislative service commission for all other legislative	9862
employees.	9863

(F) As used in this section, "regular rate of pay" means the	9864
base rate of pay an employee receives plus any pay supplements	9865
received pursuant to section 124.181 of the Revised Code.	9866

Sec. 124.30. (A) Classified positions in the civil service	9867
may be filled without competition as follows:	9868

(1) Whenever there are urgent reasons for filling a vacancy	9869
in any position in the classified civil service and the director	9870
of administrative services is unable to certify to the appointing	9871
authority, upon its request, a list of persons eligible for	9872
appointment to the position after a competitive examination, the	9873
appointing authority may fill the position by noncompetitive	9874
examination.	9875

A temporary appointment may be made without regard to the	9876
rules of sections 124.01 to 124.64 of the Revised Code. Except as	9877
otherwise provided in this division, the temporary appointment may	9878
not continue longer than one hundred twenty days, and in no case	9879
shall successive temporary appointments be made. A temporary	9880
appointment longer than one hundred twenty days may be made if	9881
necessary by reason of sickness, disability, or other approved	9882
leave of absence of regular officers or employees, in which case	9883
it may continue during the period of sickness, disability, or	9884
other approved leave of absence, subject to the rules of the	9885
director.	9886

(2) In case of a vacancy in a position in the classified	9887
civil service where peculiar and exceptional qualifications of a	9888
scientific, managerial, professional, or educational character are	9889
required, and upon satisfactory evidence that for specified	9890
reasons competition in this special case is impracticable and that	9891
the position can best be filled by a selection of some designated	9892
person of high and recognized attainments in those qualities, the	9893
director may suspend the provisions of sections 124.01 to 124.64	9894
of the Revised Code that require competition in this special case,	9895
but no suspension shall be general in its application. All such	9896
cases of suspension shall be reported in the annual report of the	9897
director with the reasons for each suspension. The director shall	9898
suspend the provisions when ~~the~~either of the following applies:	9899

(a) The director of job and family services provides the	9900
certification under section 5101.051 of the Revised Code that a	9901
position with the department of job and family services can best	9902
be filled if the provisions are suspended;	9903

(b) The medicaid director provides the certification under	9904
section 5160.051 of the Revised Code that a position with the	9905
department of medicaid can best be filled if the provisions are	9906
suspended.	9907

(3) The acceptance or refusal by an eligible person of a	9908
temporary appointment shall not affect the person's standing on	9909
the eligible list for permanent appointment, nor shall the period	9910
of temporary service be counted as a part of the probationary	9911
service in case of subsequent appointment to a permanent position.	9912

(B) Persons who receive temporary or intermittent	9913
appointments are in the unclassified civil service and serve at	9914
the pleasure of their appointing authority.	9915

Sec. 124.341. (A) If an employee in the classified or	9916
unclassified civil service becomes aware in the course of	9917
employment of a violation of state or federal statutes, rules, or	9918
regulations or the misuse of public resources, and the employee's	9919
supervisor or appointing authority has authority to correct the	9920
violation or misuse, the employee may file a written report	9921
identifying the violation or misuse with the supervisor or	9922
appointing authority. In addition to or instead of filing a	9923
written report with the supervisor or appointing authority, the	9924
employee may file a written report with the office of internal	9925
~~auditing~~audit created under section 126.45 of the Revised Code or	9926
file a complaint with the auditor of state's fraud-reporting	9927
system under section 117.103 of the Revised Code.	9928

If the employee reasonably believes that a violation or	9929
misuse of public resources is a criminal offense, the employee, in	9930
addition to or instead of filing a written report or complaint	9931
with the supervisor, appointing authority, the office of internal	9932
~~auditing~~audit, or the auditor of state's fraud-reporting system,	9933
may report it to a prosecuting attorney, director of law, village	9934
solicitor, or similar chief legal officer of a municipal	9935
corporation, to a peace officer, as defined in section 2935.01 of	9936
the Revised Code, or, if the violation or misuse of public	9937
resources is within the jurisdiction of the inspector general, to	9938
the inspector general in accordance with section 121.46 of the	9939
Revised Code. In addition to that report, if the employee	9940
reasonably believes the violation or misuse is also a violation of	9941
Chapter 102., section 2921.42, or section 2921.43 of the Revised	9942
Code, the employee may report it to the appropriate ethics	9943
commission.	9944

(B) Except as otherwise provided in division (C) of this	9945
section, no officer or employee in the classified or unclassified	9946
civil service shall take any disciplinary action against an	9947
employee in the classified or unclassified civil service for	9948
making any report or filing a complaint as authorized by division	9949
(A) of this section, including, without limitation, doing any of	9950
the following:	9951

(1) Removing or suspending the employee from employment;

9952

(2) Withholding from the employee salary increases or	9953
employee benefits to which the employee is otherwise entitled;	9954

(3) Transferring or reassigning the employee;

9955

(4) Denying the employee promotion that otherwise would have	9956
been received;	9957

(5) Reducing the employee in pay or position.

9958

(C) An employee in the classified or unclassified civil	9959
service shall make a reasonable effort to determine the accuracy	9960
of any information reported under division (A) of this section.	9961
The employee is subject to disciplinary action, including	9962
suspension or removal, as determined by the employee's appointing	9963
authority, for purposely, knowingly, or recklessly reporting false	9964
information under division (A) of this section.	9965

(D) If an appointing authority takes any disciplinary or	9966
retaliatory action against a classified or unclassified employee	9967
as a result of the employee's having filed a report or complaint	9968
under division (A) of this section, the employee's sole and	9969
exclusive remedy, notwithstanding any other provision of law, is	9970
to file an appeal with the state personnel board of review within	9971
thirty days after receiving actual notice of the appointing	9972
authority's action. If the employee files such an appeal, the	9973
board shall immediately notify the employee's appointing authority	9974
and shall hear the appeal. The board may affirm or disaffirm the	9975
action of the appointing authority or may issue any other order as	9976
is appropriate. The order of the board is appealable in accordance	9977
with Chapter 119. of the Revised Code.	9978

(E) As used in this section:

9979

(1) "Purposely," "knowingly," and "recklessly" have the same	9980
meanings as in section 2901.22 of the Revised Code.	9981

(2) "Appropriate ethics commission" has the same meaning as	9982
in section 102.01 of the Revised Code.	9983

(3) "Inspector general" means the inspector general appointed	9984
under section 121.48 of the Revised Code.	9985

Sec. 124.381. (A)(1)(a) An employee in the service of the	9986
state may be eligible to receive salary continuation not to exceed	9987
four hundred eighty hours at the employee's total rate of pay for	9988
absence as a result of injury incurred during the performance of,	9989
or arising out of, state employment. When an eligible employee's	9990
absence as a result of such an injury extends beyond four hundred	9991
eighty hours, the employee immediately becomes subject to sections	9992
124.382 and 124.385 of the Revised Code regarding sick leave and	9993
disability leave benefits.	9994

An employee is ineligible to receive salary continuation	9995
until the date of implementation is established in the rules	9996
adopted under division (C)(1) of this section.	9997

(b) Employees of the secretary of state, auditor of state,	9998
treasurer of state, attorney general, supreme court, general	9999
assembly, or legislative service commission are not subject to	10000
division (A)(1)(a) of this section unless the relevant appointing	10001
authority notifies the director of administrative services in	10002
writing of the intent to have all of the appointing authority's	10003
employees participate in salary continuation. The relevant	10004
appointing authority also may discontinue salary continuation for	10005
all of its employees by providing written notice of the	10006
discontinuation to the director.	10007

Participation in salary continuation is subject to rules	10008
adopted under division (C)(1) of this section.	10009

(2) Each employee of the department of rehabilitation and	10010
correction, the department of ~~mental health~~mental health and	10011
addiction services, the department of developmental disabilities,	10012
the department of veterans services, or the Ohio schools for the	10013
deaf and blind, and each employee of the department of youth	10014
services as established in division (A) of section 124.14 of the	10015
Revised Code who sustains a qualifying physical condition	10016
inflicted by a ward of these agencies during the time the employee	10017
is lawfully carrying out the assigned duties of the employee's	10018
position shall be paid occupational injury leave at the employee's	10019
total rate of pay during the period the employee is disabled as a	10020
result of that qualifying physical condition, but in no case to	10021
exceed nine hundred sixty hours, in lieu of workers' compensation.	10022
Pay made according to this division shall not be charged to the	10023
employee's accumulation of sick leave credit. In any case when an	10024
employee's disability as a result of such a qualifying physical	10025
condition extends beyond nine hundred sixty hours, the employee	10026
immediately becomes subject to sections 124.382 and 124.385 of the	10027
Revised Code regarding sick leave and disability leave benefits.	10028

(B) An employee who is receiving salary continuation or	10029
occupational injury leave under division (A)(1) or (2) of this	10030
section is not eligible for other paid leave, including holiday	10031
pay, while receiving benefits under either division. While an	10032
employee is receiving salary continuation or occupational injury	10033
leave under division (A)(1) or (2) of this section, vacation leave	10034
credit ceases to accrue to the employee under section 124.134 of	10035
the Revised Code, but sick leave credit and personal leave credit	10036
continue to accrue to the employee under sections 124.382 and	10037
124.386 of the Revised Code.	10038

(C)(1) The director of administrative services shall adopt	10039
rules for the administration of both the salary continuation	10040
program and the occupational injury leave program. The rules shall	10041
include, but not be limited to, provisions for determining a	10042
disability, for filing a claim for leave under this section, and	10043
for allowing or denying claims for the leave.	10044

(2) The director also may adopt rules for the payment of	10045
health benefits while an employee is on workers' compensation	10046
leave.	10047

(D) An appointing authority may apply to the director of	10048
administrative services to grant salary continuation under	10049
division (A)(1) of this section or occupational injury leave under	10050
division (A)(2) of this section to law enforcement personnel	10051
employed by the agency.	10052

Sec. 124.57. (A) No officer or employee in the classified	10053
service of the state, the several counties, cities, and city	10054
school districts of the state, or the civil service townships of	10055
the state shall directly or indirectly, orally or by letter,	10056
solicit or receive, or be in any manner concerned in soliciting or	10057
receiving, any assessment, subscription, or contribution for any	10058
political party or for any candidate for public office; nor shall	10059
any person solicit directly or indirectly, orally or by letter, or	10060
be in any manner concerned in soliciting, any such assessment,	10061
contribution, or payment from any officer or employee in the	10062
classified service of the state, the several counties, cities, or	10063
city school districts of the state, or the civil service townships	10064
of the state; nor shall any officer or employee in the classified	10065
service of the state, the several counties, cities, and city	10066
school districts of the state, or the civil service townships of	10067
the state be an officer in any political organization or take part	10068
in politics other than to vote as the officer or employee pleases	10069
and to express freely political opinions.	10070

(B)(1) Nothing in division (A) of this section prohibits an	10071
officer or employee described in that division from serving as a	10072
precinct election official under section 3501.22 of the Revised	10073
Code.	10074

(2) Nothing in division (A) of this section prohibits an	10075
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	10076
position is transferred from the unclassified civil service to the	10077
classified civil service and who also holds the office of	10078
president of a city legislative authority from completing the	10079
existing term of office as president.	10080

Sec. 124.84. (A) The department of administrative services,	10081
in consultation with the superintendent of insurance and subject	10082
to division (D) of this section, ~~shall~~may negotiate and contract	10083
with one or more insurance companies or health insuring	10084
corporations authorized to operate or do business in this state	10085
for the purchase of a policy of long-term care insurance covering	10086
all state employees who are paid directly by warrant of the	10087
director of budget and management, including elected state	10088
officials. Any policy purchased under this division shall be	10089
negotiated and entered into in accordance with the competitive	10090
selection procedures specified in Chapter 125. of the Revised	10091
Code. As used in this section, "long-term care insurance" has the	10092
same meaning as in section 3923.41 of the Revised Code.	10093

(B) Any elected state official or state employee paid	10094
directly by warrant of the director of budget and management may	10095
elect to participate in any long-term care insurance policy	10096
purchased under division (A) of this section. All or any portion	10097
of the premium charged may be paid by the state. Participation in	10098
the policy may include the dependents and family members of the	10099
elected state official or state employee.	10100

If a participant in a long-term care insurance policy leaves	10101
employment, the participant and the participant's dependents and	10102
family members may, at their election, continue to participate in	10103
a policy established under this section. The manner of payment and	10104
the portion of premium charged the participant, dependent, and	10105
family member shall be established pursuant to division (E) of	10106
this section.	10107

(C) Any long-term care insurance policy purchased under this	10108
section or section 124.841 or 145.581 of the Revised Code shall	10109
provide for all of the following with respect to the premiums	10110
charged for the policy:	10111

(1) They shall be set at the entry age of the official or	10112
employee when first covered by the policy and shall not increase	10113
except as a class during coverage under the policy.	10114

(2) They shall be based on the class of all officials or	10115
employees covered by the policy.	10116

(3) They shall continue, pursuant to section 145.581 of the	10117
Revised Code, after the retirement of the official or employee who	10118
is covered under the policy, at the rate in effect on the date of	10119
the official's or employee's retirement.	10120

(D) Prior to entering into a contract with an insurance	10121
company or health insuring corporation for the purchase of a	10122
long-term care insurance policy under this section, the department	10123
shall request the superintendent of insurance to certify the	10124
financial condition of the company or corporation. The department	10125
shall not enter into the contract if, according to that	10126
certification, the company or corporation is insolvent, is	10127
determined by the superintendent to be potentially unable to	10128
fulfill its contractual obligations, or is placed under an order	10129
of rehabilitation or conservation by a court of competent	10130
jurisdiction or under an order of supervision by the	10131
superintendent.	10132

(E) The department shall adopt rules in accordance with	10133
section 111.15 of the Revised Code governing long-term care	10134
insurance purchased under this section. All or any portion of the	10135
premium charged the participants, dependents, and family members	10136
shall be paid in such manner or combination of manners as the	10137
department determines.	10138

~~Sec. 3701.041.~~ Sec. 124.88. (A) The employee assistance program is	10139
hereby established in the department of administrative services	10140
for the purpose of referring state employees paid by warrant of	10141
the director of budget and management who are in need of medical,	10142
social, or other services to providers of those services.	10143

~~The director of health, in consultation with the director of~~	10144
~~budget and management, shall determine a rate at which the~~	10145
~~payrolls of all state agencies with employees paid by warrant of~~	10146
~~the director of budget and management shall be charged each pay~~	10147
~~period that is sufficient to cover the costs of administering the~~	10148
~~program. The rate shall be based upon the total number of such~~	10149
~~employees and may be adjusted as the director of health, in~~	10150
~~consultation with the director of budget and management, considers~~	10151
~~necessary. All money collected from the assessment shall be~~	10152
~~deposited in the state treasury to the credit of the employee~~	10153
~~assistance general services fund, which is hereby created. The~~	10154
~~fund shall be used by the director of health to administer the~~	10155
~~program.~~	10156

(B) Records of the identity, diagnosis, prognosis, or	10157
treatment of any person that are maintained in connection with the	10158
employee assistance program created in division (A) of this	10159
section are not public records under section 149.43 of the Revised	10160
Code and shall be disclosed only as provided in division (C) of	10161
this section.	10162

(C)(1) Records described in division (B) of this section may	10163
be disclosed with the prior written consent of the person who is	10164
the subject of the record.	10165

(2) Records described in division (B) of this section may be	10166
disclosed with or without the prior written consent of the person	10167
who is the subject of the record under the following conditions:	10168

(a) To medical personnel to the extent necessary to meet a	10169
bona fide medical emergency;	10170

(b) To qualified personnel for the purpose of conducting	10171
scientific research, management audits, financial audits, or	10172
program evaluation, but the personnel shall not directly or	10173
indirectly identify any person who is the subject of the record in	10174
any report of the research, audit, or evaluation or in any other	10175
manner;	10176

(c) If authorized by an appropriate order of a court of	10177
competent jurisdiction granted after a showing of good cause. In	10178
determining good cause, the court shall weigh the public interest	10179
and the need for disclosure against injury to the person who is	10180
the subject of the record and to the employee assistance program.	10181
Upon granting such an order, the court shall, in determining the	10182
extent to which the disclosure of all or any part of any record is	10183
necessary, impose appropriate safeguards against unauthorized	10184
disclosure.	10185

(D) Except as authorized by a court order described in	10186
division (C)(2)(c) of this section, no record described in	10187
division (B) of this section may be used to initiate or	10188
substantiate criminal charges against the person who is the	10189
subject of the record or to conduct any investigation of such a	10190
person.	10191

Sec. 125.05. Except as provided in division (F) of this	10192
section, no state agency shall purchase any supplies or services	10193
except as provided in divisions (A) to (D) of this section.	10194

(A) Subject to division (E) of this section, a state agency	10195
may, without competitive selection, make any purchase of supplies	10196
or services that cost twenty-five thousand dollars or less. The	10197
agency may make the purchase directly or may make the purchase	10198
from or through the department of administrative services,	10199
whichever the agency determines. The agency shall adopt written	10200
procedures consistent with the department's purchasing procedures	10201
and shall use those procedures when making purchases under this	10202
division.	10203

(B) Subject to division (E) of this section and in accordance	10204
with section 125.051 of the Revised Code, a state agency may make	10205
purchases of supplies and services that cost more than twenty-five	10206
thousand dollars but less than fifty thousand dollars if the	10207
purchases are made under the direction of an employee of the	10208
agency who is certified by the department to make purchases and if	10209
the purchases comply with the department's purchasing procedures.	10210
Section 127.16 of the Revised Code does not apply to purchases	10211
made under this division. Until the certification effective date	10212
established by the department in rules adopted under section	10213
125.051 of the Revised Code, state agencies may make purchases of	10214
supplies and services that cost more than twenty-five thousand	10215
dollars but less than fifty thousand dollars in the same manner as	10216
provided in division (A) of this section.	10217

(C) Subject to division (E) of this section, a state agency	10218
wanting to purchase supplies or services that cost more than	10219
twenty-five thousand dollars shall, unless otherwise authorized by	10220
law, make the purchase from or through the department. The	10221
department shall make the purchase by competitive selection. If	10222
the director of administrative services determines that it is not	10223
possible or not advantageous to the state for the department to	10224
make the purchase, the department shall grant the agency a release	10225
and permit under section 125.06 of the Revised Code to make the	10226
purchase. Section 127.16 of the Revised Code does not apply to	10227
purchases the department makes under this section.	10228

(D) An agency that has been granted a release and permit to	10229
make a purchase may make the purchase without competitive	10230
selection if after making the purchase the cumulative purchase	10231
threshold as computed under division (E) of section 127.16 of the	10232
Revised Code would:	10233

(1) Be exceeded and the controlling board approves the	10234
purchase;	10235

(2) Not be exceeded and the department of administrative	10236
services approves the purchase.	10237

(E) Not later than the thirty-first day of January of each	10238
even-numbered year, the directors of administrative services and	10239
budget and management shall review and recommend to the general	10240
assembly, if necessary, adjustments to the amounts specified in	10241
divisions (A) to (C) of this section and division (B) of section	10242
127.16 of the Revised Code.	10243

(F) If ~~the eTech Ohio commission,~~ the department of	10244
education, or the Ohio education computer network determines that	10245
it can purchase software services or supplies for specified school	10246
districts at a price less than the price for which the districts	10247
could purchase the same software services or supplies for	10248
themselves, the ~~commission,~~ department, or network shall certify	10249
that fact to the department of administrative services and, acting	10250
as an agent for the specified school districts, shall make that	10251
purchase without following the provisions in divisions (A) to (D)	10252
of this section.	10253

Sec. 125.21. The director of administrative services shall	10254
process payroll information for the purpose of payment for	10255
personal services of state officials and employees on the basis of	10256
rates of pay determined by pertinent law, the director, or other	10257
competent authority.	10258

Calculation of payrolls may be made after the conclusion of	10259
each pay period based upon the amount of time served as certified	10260
by the appropriate appointing authority. Payment for personal	10261
service rendered by an official or employee during any pay period	10262
shall be made no later than at the conclusion of the official's or	10263
employee's next succeeding pay period.	10264

The director of administrative services shall furnish to the	10265
director of budget and management all necessary data for drawing	10266
state official and employee pay warrants and preparing earning	10267
statements. These data shall include the rate at which paid; the	10268
time for which paid, including overtime and any other adjustments	10269
affecting the official's or employee's gross pay; all taxes	10270
withheld, including, whenever practicable, year-to-date figures on	10271
all taxes withheld; the amount of contribution to the appropriate	10272
retirement system; any voluntary deductions made in accordance	10273
with authorizations filed by the official or employee; and whether	10274
a direct deposit is to be made in accordance with an authorization	10275
filed by the official or employee.	10276

Amounts deducted from the salaries or wages of all officials	10277
and employees shall be transferred to the payroll ~~withholding~~	10278
deduction fund, which is hereby created in the state treasury for	10279
the purpose of consolidating all such deductions made in any	10280
month. Payments from this fund shall be made at intervals for the	10281
intended purpose of the deduction or for refund where it is	10282
determined that deductions were made in error.	10283

Sec. 125.212. The life insurance investment fund is hereby	10284
created in the state treasury. The fund shall consist of amounts	10285
from ~~the payroll withholding fund created by section 125.21 of~~	10286
~~the Revised Code~~state agencies, life insurance premium refunds	10287
received by the state, and other receipts related to the state's	10288
life insurance benefit program. The fund shall be used to pay the	10289
costs of the state's life insurance benefit program. All	10290
investment earnings of the life insurance investment fund shall be	10291
credited to the fund.	10292

Sec. 125.27. (A) There is hereby created in the state	10293
treasury the building improvement fund. The fund shall retain the	10294
interest earned.	10295

(B) The fund shall consist of any payments made by intrastate	10296
transfer voucher from the appropriation item for office building	10297
operating payments.	10298

(C) The fund shall be used for major maintenance or	10299
improvements required in the James A. Rhodes or Frank J. Lausche	10300
state office tower, Toledo government center, Senator Oliver R.	10301
Ocasek government office building, and Vern Riffe center for	10302
government and the arts.	10303

Sec. 125.28. (A)(1) Each state agency that is supported in	10304
whole or in part by nongeneral revenue fund money and that	10305
occupies space in the James A. Rhodes or Frank J. Lausche state	10306
office tower, Toledo government center, Senator Oliver R. Ocasek	10307
government office building, Vern Riffe center for government and	10308
the arts, capitol square, or governor's mansion shall reimburse	10309
the general revenue fund for the cost of occupying the space in	10310
the ratio that the occupied space in each facility attributable to	10311
the nongeneral revenue fund money bears to the total space	10312
occupied by the state agency in the facility.	10313

(2) All agencies that occupy space in the old blind school or	10314
that occupy warehouse space in the general services facility shall	10315
reimburse the department of administrative services for the cost	10316
of occupying the space. The director of administrative services	10317
shall determine the amount of debt service, if any, to be charged	10318
to building tenants and shall collect reimbursements for it.	10319

(3) Each agency that is supported in whole or in part by	10320
nongeneral revenue fund money and that occupies space in any other	10321
facility or facilities owned and maintained by the department of	10322
administrative services or space in the general services facility	10323
other than warehouse space shall reimburse the department for the	10324
cost of occupying the space, including debt service, if any, in	10325
the ratio that the occupied space in each facility attributable to	10326
the nongeneral revenue fund money bears to the total space	10327
occupied by the state agency in the facility.	10328

(B) The director of administrative services may provide	10329
building maintenance services and ~~skilled trades~~minor	10330
construction project management services to any state agency	10331
~~occupying space in a facility that is not owned by the department~~	10332
~~of administrative services~~ and may collect reimbursements for the	10333
cost of providing those services.	10334

(C) All money collected by the department of administrative	10335
services for operating expenses of facilities owned or maintained	10336
by the department shall be deposited into the state treasury to	10337
the credit of the building management fund, which is hereby	10338
created, or to the credit of the building operation fund, which is	10339
hereby created. All money collected by the department for ~~skilled~~	10340
~~trades~~minor construction project management services shall be	10341
deposited into the state treasury to the credit of the ~~skilled~~	10342
~~trades~~minor construction project management fund, which is hereby	10343
created. All money collected for debt service shall be deposited	10344
into the general revenue fund.	10345

(D) The director of administrative services shall determine	10346
the reimbursable cost of space in state-owned or state-leased	10347
facilities and shall collect reimbursements for that cost.	10348

Sec. 125.602. (A) The department of developmental	10349
disabilities, the department of ~~mental health~~mental health and	10350
addiction services, the department of job and family services, the	10351
~~rehabilitation services commission~~opportunities for Ohioans with	10352
disabilities agency, and any other state or governmental agency or	10353
community rehabilitation program responsible for the provision of	10354
rehabilitation and vocational educational services to persons with	10355
work-limiting disabilities may, through written agreement,	10356
cooperate in providing resources to the department of	10357
administrative services for the operation of the office of	10358
procurement from community rehabilitation programs. These	10359
resources may include, but are not limited to, leadership and	10360
assistance in dealing with the societal aspects of meeting the	10361
needs of persons with work-limiting disabilities.	10362

(B) The office and all governmental entities that administer	10363
socioeconomic programs may enter into contractual agreements,	10364
cooperative working relationships, or other arrangements that are	10365
necessary for effective coordination and realization of the	10366
objectives of these entities.	10367

Sec. 125.603. (A) The office of procurement from community	10368
rehabilitation programs shall do the following in addition to	10369
other duties specified in sections 125.60 to 125.6012 of the	10370
Revised Code:	10371

(1) Establish, maintain, and periodically update a	10372
procurement list of approved supplies and services available from	10373
qualified nonprofit agencies;	10374

(2) Monitor the procurement practices of government ordering	10375
offices to ensure compliance with sections 125.60 to 125.6012 of	10376
the Revised Code;	10377

(3) In cooperation with qualified nonprofit agencies,	10378
government ordering offices, the department of developmental	10379
disabilities, the department of ~~mental health~~mental health and	10380
addiction services, the department of job and family services, and	10381
the ~~rehabilitation services commission~~opportunities for Ohioans	10382
with disabilities agency, develop and recommend to the director of	10383
administrative services rules the director shall adopt in	10384
accordance with Chapter 119. of the Revised Code for the effective	10385
and efficient administration of sections 125.60 to 125.6012 of the	10386
Revised Code;	10387

(4) Prepare a report of its activities by the last day of	10388
December of each year. The report shall be posted electronically	10389
on the office's web site.	10390

(B) The office of procurement from community rehabilitation	10391
programs may enter into contractual agreements and establish pilot	10392
programs to further the objectives of sections 125.60 to 125.6012	10393
of the Revised Code.	10394

Sec. 125.832. (A) The department of administrative services	10395
is granted exclusive authority over the acquisition and management	10396
of all motor vehicles used by state agencies. In carrying out this	10397
authority, the department shall do both of the following:	10398

(1) Approve the purchase or lease of each motor vehicle for	10399
use by a state agency. The department shall decide if a motor	10400
vehicle shall be leased or purchased for that use.	10401

Except as otherwise provided in division (A)(1) of this	10402
section, on and after July 1, 2005, each state agency shall	10403
acquire all passenger motor vehicles under the department's master	10404
leasing program. If the department determines that acquisition	10405
under that program is not the most economical method and if the	10406
department and the state agency acquiring the passenger motor	10407
vehicle can provide economic justification for doing so, the	10408
department may approve the purchase, rather than the lease, of a	10409
passenger motor vehicle for the acquiring state agency.	10410

(2) Direct and approve all funds that are expended for the	10411
purchase, lease, repair, maintenance, registration, insuring, and	10412
other costs related to the possession and operation of motor	10413
vehicles for the use of state agencies.	10414

(B) The director of administrative services shall establish	10415
and operate a fleet management program. The director shall operate	10416
the program for purposes including, but not limited to,	10417
cost-effective acquisition, maintenance, management, analysis, and	10418
disposal of all motor vehicles owned or leased by the state. All	10419
state agencies shall comply with statewide fleet management	10420
policies and procedures established by the director for the	10421
program, including, but not limited to, motor vehicle assignments,	10422
additions of motor vehicles to fleets or motor vehicle	10423
replacements, motor vehicle fueling, and motor vehicle repairs.	10424

(C) The director shall establish and maintain a fleet	10425
reporting system and shall require state agencies to submit to the	10426
department information relative to state motor vehicles, including	10427
motor vehicles described in division (G)(2) of section 125.831 of	10428
the Revised Code, to be used in operating the fleet management	10429
program. State agencies shall provide to the department fleet data	10430
and other information, including, but not limited to, mileage and	10431
costs. The data and other information shall be submitted in	10432
formats and in a manner determined by the department.	10433

(D) All state agency purchases or leases of motor vehicles	10434
are subject to the prior approval of the director under division	10435
(A)(1) of this section.	10436

(E) State agencies that utilize state motor vehicles or pay	10437
mileage reimbursements to employees shall provide a fleet plan to	10438
the department as directed by the department.	10439

(F)(1) The fleets of state agencies that consist of one	10440
hundred or less vehicles on July 1, 2004, shall be managed by the	10441
department's fleet management program on a time schedule	10442
determined by the department, unless the state agency has received	10443
delegated authority as described in division (G) of this section.	10444

(2) The fleets of state agencies that consist of greater than	10445
one hundred motor vehicles, but less than five hundred motor	10446
vehicles, on July 1, 2005, also shall be managed by the	10447
department's fleet management program on a time schedule	10448
determined by the department, unless the state agency has received	10449
delegated authority as described in division (G) of this section.	10450

(G)(1) The department may delegate any or all of its duties	10451
regarding fleet management to a state agency, if the state agency	10452
demonstrates to the satisfaction of the department both of the	10453
following:	10454

(a) Capabilities to institute and manage a fleet management	10455
program, including, but not limited to, the presence of a	10456
certified fleet manager;	10457

(b) Fleet management performance, as demonstrated by fleet	10458
data and other information submitted pursuant to annual reporting	10459
requirements and any other criteria the department considers	10460
necessary in evaluating the performance.	10461

(2) The department may determine that a state agency is not	10462
in compliance with this section and direct that the agency's fleet	10463
management duties be transferred to the department.	10464

(H) The proceeds derived from the disposition of any motor	10465
vehicles under this section shall be paid to whichever of the	10466
following applies:	10467

(1) The fund that originally provided moneys for the purchase	10468
or lease of the motor vehicles;	10469

(2) If the motor vehicles were originally purchased with	10470
moneys derived from the general revenue fund, the proceeds shall	10471
be deposited, in the director's discretion, into the state	10472
treasury to the credit of either the fleet management fund created	10473
by section 125.83 of the Revised Code or the investment recovery	10474
fund created by section 125.14 of the Revised Code.	10475

(I)(1) The department shall create and maintain a certified	10476
fleet manager program.	10477

(2) State agencies that have received delegated authority as	10478
described in division (G) of this section shall have a certified	10479
fleet manager.	10480

(J) The department annually shall prepare and submit a	10481
statewide fleet report to the governor, the speaker of the house	10482
of representatives, and the president of the senate. The report	10483
shall be submitted not later than the thirty-first day of January	10484
following the end of each fiscal year. It may include, but is not	10485
limited to, the numbers and types of motor vehicles, their	10486
mileage, miles per gallon, and cost per mile, mileage	10487
reimbursements, accident and insurance data, and information	10488
regarding compliance by state agencies having delegated authority	10489
under division (G) of this section with applicable fleet	10490
management requirements.	10491

(K) The director shall adopt rules for implementing the fleet	10492
management program that are consistent with recognized best	10493
practices. The program shall be supported by reasonable fee	10494
charges for the services provided. The director shall collect	10495
these fees and deposit them into the state treasury to the credit	10496
for the fleet management fund created by section 125.83 of the	10497
Revised Code. The setting and collection of fees under this	10498
division is not subject to any restriction imposed by law upon the	10499
director's or the department's authority to set or collect fees.	10500

(L) The director also shall adopt rules that prohibit, except	10501
in very limited circumstances, the exclusive assignment of	10502
state-owned, leased, or pooled motor vehicles to state employees	10503
and that prohibit the reimbursement under section 126.31 of the	10504
Revised Code of state employees who use their own motor vehicles	10505
for any mileage they incur above an amount that the department	10506
shall determine annually unless reimbursement for the excess	10507
mileage is approved by the department in accordance with standards	10508
for that approval the director shall establish in those rules.	10509
Beginning on September 26, 2003, no state-owned, leased, or pooled	10510
motor vehicle shall be personally assigned as any form of	10511
compensation or benefit of state employment, and no state-owned,	10512
leased, or pooled motor vehicle shall be assigned to an employee	10513
solely for commuting to and from home and work.	10514

(M) The director shall do both of the following:

10515

(1) Implement to the greatest extent possible the	10516
recommendations from the 2002 report entitled "Administrative	10517
Analysis of the Ohio Fleet Management Program" in connection with	10518
the authority granted to the department by this section;	10519

(2) Attempt to reduce the number of passenger vehicles used	10520
by state agencies during the fiscal years ending on June 30, 2004,	10521
and June 30, 2005.	10522

(N) Each state agency shall reimburse the department for all	10523
costs incurred in the assignment of motor vehicles to the state	10524
agency.	10525

(O) The director shall do all of the following in managing	10526
the fleet management program:	10527

(1) Determine how motor vehicles will be maintained, insured,	10528
operated, financed, and licensed;	10529

(2) Pursuant to the formula in division (O)(3) of this	10530
section, annually establish the minimum number of business miles	10531
per year an employee of a state agency must drive in order to	10532
qualify for approval by the department to receive a motor vehicle	10533
for business use;	10534

(3) Establish the minimum number of business miles per year	10535
at an amount that results when the annual motor vehicle cost is	10536
divided by the amount that is the reimbursement rate per mile	10537
minus the amount that is the sum of the fuel cost, the operating	10538
cost, and the insurance cost. As used in this division:	10539

(a) "Annual motor vehicle cost" means the price of a motor	10540
vehicle divided by the number of years an average motor vehicle is	10541
used.	10542

(b) "Fuel cost" means the average price per gallon of motor	10543
fuel divided by the miles per gallon fuel efficiency of a motor	10544
vehicle.	10545

(c) "Insurance cost" means the cost of insuring a motor	10546
vehicle per year divided by the number of miles an average motor	10547
vehicle is driven per year.	10548

(d) "Operating cost" means the maintenance cost of a motor	10549
vehicle per year divided by the product resulting when the number	10550
of miles an average motor vehicle is driven per year is multiplied	10551
by the number of years an average motor vehicle is used.	10552

(e) "Reimbursement rate per mile" means the reimbursement per	10553
mile rate for travel expenses as provided by rule of the director	10554
of budget and management adopted under division (B) of section	10555
126.31 of the Revised Code.	10556

~~(P)(1) Not later than the fifteenth day of September of each~~	10557
~~year, each state institution of higher education shall report to~~	10558
~~the department on all of the following topics relating to motor~~	10559
~~vehicles that the institution acquires and manages:~~	10560

~~(a) The methods it uses to track the motor vehicles;~~

10561

~~(b) Whether or not it uses a fuel card program to purchase~~	10562
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	10563

~~(c) Whether or not it makes bulk purchases of fuel for the~~	10564
~~motor vehicles.~~	10565

~~(2) Assuming it does not use the fleet management tracking,~~	10566
~~fuel card program, and bulk fuel purchases tools and services that~~	10567
~~the department provides, the report of a state institution of~~	10568
~~higher education required by division (P)(1) of this section also~~	10569
~~shall include both of the following:~~	10570

~~(a) An analysis of the amount the institution would save, if~~	10571
~~any, if it were to use the fleet management tracking, fuel card~~	10572
~~program, and bulk fuel purchases tools and services that the~~	10573
~~department provides instead of the fleet management system the~~	10574
~~institution regularly uses;~~	10575

~~(b) A rationale for either continuing with the fleet~~	10576
~~management system that the institution regularly uses or changing~~	10577
~~to the use of those tools and services that the department~~	10578
~~provides.~~	10579

~~(3) The department shall certify within ninety days after~~	10580
~~receipt of all reports under division (P)(1) of this section a~~	10581
~~list of those state institutions of higher education that the~~	10582
~~department determines would save amounts if they were to use the~~	10583
~~fleet management tracking, fuel card program, and bulk fuel~~	10584
~~purchases tools and services that the department provides. The~~	10585
~~institutions so certified then shall use those tools and services~~	10586
~~that the department provides until the department next certifies~~	10587
~~institutions under division (P)(3) of this section.~~	10588

Sec. 125.836. (A) As used in this section:

10589

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	10590
the same meanings as in section 125.831 of the Revised Code.	10591

(2) ~~"Credit" means a credit generated by the acquisition of~~	10592
~~alternative fueled vehicles in accordance with the "Energy Policy~~	10593
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	10594

~~(3)~~ "Incremental cost" means the difference in cost between	10595
blended biodiesel and conventional petroleum-based diesel fuel at	10596
the time the blended biodiesel is purchased.	10597

(B) ~~The department of administrative services shall establish~~	10598
~~and administer a credit banking and selling program. The~~	10599
~~department may sell or trade credits in accordance with procedures~~	10600
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	10601
~~2897, 42 U.S.C. 13258.~~	10602

~~(C)~~ There is hereby created in the state treasury the	10603
"biodiesel revolving fund," to which shall be credited ~~moneys~~	10604
~~received from the sale of credits under this section, any~~ moneys	10605
appropriated to the fund by the general assembly, and any other	10606
moneys obtained or accepted by the ~~department~~development services	10607
agency for crediting to the fund. Moneys credited to the fund	10608
shall be used to pay for the incremental cost of biodiesel for use	10609
in vehicles owned or leased by the state that use diesel fuel. The	10610
director ~~of administrative services, after consultation with the~~	10611
~~director~~ of development,services may direct the director of	10612
budget and management to transfer available moneys in the	10613
biodiesel revolving fund to the alternative fuel transportation	10614
fund created in section 122.075 of the Revised Code to be used by	10615
the ~~department of~~ development services agency for the purposes	10616
specified in that section.	10617

~~(D) The director of administrative services shall adopt rules~~	10618
~~under Chapter 119. of the Revised Code that are necessary for the~~	10619
~~administration of the credit banking and selling program.~~	10620

Sec. 126.07. Except as provided in division (B) of section	10621
126.21 of the Revised Code, no contract, agreement, or obligation	10622
involving the expenditure of money chargeable to an appropriation,	10623
nor any resolution or order for the expenditure of money	10624
chargeable to an appropriation, shall be valid and enforceable	10625
unless the director of budget and management first certifies that	10626
there is a balance in the appropriation not already obligated to	10627
pay existing obligations, in an amount at least equal to the	10628
portion of the contract, agreement, obligation, resolution, or	10629
order to be performed in the current fiscal year. Any written	10630
contract or agreement entered into by the state shall contain a	10631
clause stating that the obligations of the state are subject to	10632
this section.	10633

The chief administrative officer of a state agency is	10634
responsible for the preaudit and approval of expenditures and	10635
other transactions of the agency. In order to initiate the making	10636
of a payment from the state treasury, the person in a state agency	10637
who requests that the payment be made shall first submit to the	10638
chief administrative officer of the agency all invoices, claims,	10639
vouchers, and other documentation related to the payment. The	10640
chief administrative officer shall examine each voucher and all	10641
other documentation required to support the voucher and determine	10642
whether they meet all the requirements established by the director	10643
of budget and management for making the payment. If they do meet	10644
those requirements, the chief administrative officer shall certify	10645
to the director the approval of the chief administrative officer	10646
for payment.	10647

Prior to drawing a warrant or processing an electronic funds	10648
transfer as provided in section 126.35 of the Revised Code, the	10649
director may review and audit the voucher, any documentation	10650
accompanying the voucher, and any other documentation related to	10651
the transaction that the director may require to determine if the	10652
transaction is in accordance with law. The director shall not	10653
approve payment to be made if the director finds that there is not	10654
an unobligated balance in the appropriation for the payment, that	10655
the payment is not for a valid claim against the state that is	10656
legally due, or that insufficient documentation has been	10657
submitted. If the director does not approve payment, the director	10658
shall notify the agency of the reasons the director has not given	10659
approval.	10660

In approving payments to be made under this section, the	10661
director, upon receipt of certification from the director of job	10662
and family services pursuant to section 4141.231 of the Revised	10663
Code, shall withhold from amounts otherwise payable to a person	10664
who is the subject of the director of jobs and family services'	10665
certification, the amount certified to be due and unpaid to the	10666
director of job and family services, and shall approve for payment	10667
to the director of job and family services, the amount withheld.	10668

As used in this section and in section 126.21 of the Revised	10669
Code, "chief administrative officer" means either of the	10670
following:	10671

(A) The director of the agency or, in the case of a state	10672
agency without a director, the equivalent officer of that agency;	10673

(B) The designee of the chief administrative officer for the	10674
purposes of such sections.	10675

Sec. 126.14. The release of any money appropriated for the	10676
purchase of real estate shall be approved by the controlling	10677
board. The release of money appropriated for all other capital	10678
projects is also subject to the approval of the controlling board,	10679
except that the director of budget and management may approve the	10680
release of money appropriated for specific projects in accordance	10681
with the requirements of this section and except that the director	10682
of budget and management may approve the release of unencumbered	10683
capital balances, for a project to repair, remove, or prevent a	10684
public exigency declared to exist by the executive director of	10685
~~administrative services~~the Ohio facilities construction	10686
commission under section 123.10 of the Revised Code~~, or by the~~	10687
~~executive director of the Ohio facilities construction commission~~	10688
~~under section 123.23 of the Revised Code,~~ in the amount designated	10689
in that declaration.	10690

Within sixty days after the effective date of any act	10691
appropriating money for capital projects, the director shall	10692
determine which appropriations are for general projects and which	10693
are for specific projects. Specific projects may include specific	10694
higher education projects that are to be funded from general	10695
purpose appropriations from the higher education improvement fund	10696
or the higher education improvement taxable fund created in	10697
section 154.21 of the Revised Code. Upon determining which	10698
projects are general and which are specific, the director shall	10699
submit to the controlling board a list that includes a brief	10700
description of and the estimated expenditures for each specific	10701
project. The release of money for any specific higher education	10702
projects that are to be funded from general purpose appropriations	10703
from the higher education improvement fund or the higher education	10704
improvement taxable fund but that are not included on the list,	10705
and the release of money for any specific higher education	10706
projects included on the list that will exceed the estimated	10707
expenditures by more than ten per cent, are subject to the	10708
approval of the controlling board.	10709

The director may create new appropriation items and make	10710
transfers of appropriations to them for specific higher education	10711
projects included on the list that are to be funded from general	10712
purpose appropriations for basic renovations that are made from	10713
the higher education improvement fund or the higher education	10714
improvement taxable fund.	10715

Sec. 126.211. The director of budget and management shall	10716
not release funds to a veterans organization until the director	10717
has been advised by the director of veterans services under	10718
division (Y) of section 5902.02 of the Revised Code that the	10719
organization has submitted a satisfactory report as required by	10720
division (W) of that section.	10721

Sec. 126.32. (A) Any officer of any state agency may	10722
authorize reimbursement for travel, including the costs of	10723
transportation, for lodging, and for meals to any person who is	10724
interviewing for a position that is classified in pay range 13 or	10725
above in schedule E-1 or schedule E-1 for step seven only, or is	10726
classified in schedule E-2, of section 124.152 of the Revised	10727
Code.	10728

(B) If a person is appointed to a position listed in section	10729
121.03 of the Revised Code, to the position of chairperson of the	10730
industrial commission, adjutant general, chancellor of the Ohio	10731
board of regents, superintendent of public instruction,	10732
chairperson of the public utilities commission of Ohio, or	10733
director of the state lottery commission, to a position holding a	10734
fiduciary relationship to the governor, to a position of an	10735
appointing authority of the department of ~~mental health~~mental	10736
health and addiction services, developmental disabilities, or	10737
rehabilitation and correction, to a position of superintendent in	10738
the department of youth services, or to a position under section	10739
122.05 of the Revised Code, and if that appointment requires a	10740
permanent change of residence, the appropriate state agency may	10741
reimburse the person for the person's actual and necessary	10742
expenses, including the cost of in-transit storage of household	10743
goods and personal effects, of moving the person and members of	10744
the person's immediate family residing in the person's household,	10745
and of moving their household goods and personal effects, to the	10746
person's new location.	10747

Until that person moves the person's permanent residence to	10748
the new location, but not for a period that exceeds thirty	10749
consecutive days, the state agency may reimburse the person for	10750
the person's temporary living expenses at the new location that	10751
the person has incurred on behalf of the person and members of the	10752
person's immediate family residing in the person's household. In	10753
addition, the state agency may reimburse that person for the	10754
person's travel expenses between the new location and the person's	10755
former residence during this period for a maximum number of trips	10756
specified by rule of the director of budget and management, but	10757
the state agency shall not reimburse the person for travel	10758
expenses incurred for those trips by members of the person's	10759
immediate family. With the prior written approval of the director,	10760
the maximum thirty-day period for temporary living expenses may be	10761
extended for a person appointed to a position under section 122.05	10762
of the Revised Code.	10763

The director of development services may reimburse a person	10764
appointed to a position under section 122.05 of the Revised Code	10765
for the person's actual and necessary expenses of moving the	10766
person and members of the person's immediate family residing in	10767
the person's household back to the United States and may reimburse	10768
a person appointed to such a position for the cost of storage of	10769
household goods and personal effects of the person and the	10770
person's immediate family while the person is serving outside the	10771
United States, if the person's office outside the United States is	10772
the person's primary job location.	10773

(C) All reimbursement under division (A) or (B) of this	10774
section shall be made in the manner, and at rates that do not	10775
exceed those, provided by rule of the director of budget and	10776
management in accordance with section 111.15 of the Revised Code.	10777
Reimbursements may be made under division (B) of this section	10778
directly to the persons who incurred the expenses or directly to	10779
the providers of goods or services the persons receive, as	10780
determined by the director of budget and management.	10781

Sec. 126.35. (A) The director of budget and management shall	10782
draw warrants or process electronic funds transfers against the	10783
treasurer of state pursuant to all requests for payment that the	10784
director has approved under section 126.07 of the Revised Code.	10785

(B) Unless a cash assistance payment is to be made by	10786
electronic benefit transfer, payment by the director of budget and	10787
management to a participant in the Ohio works first program	10788
pursuant to Chapter 5107. of the Revised Code, a recipient of	10789
disability financial assistance pursuant to Chapter 5115. of the	10790
Revised Code, or a recipient of cash assistance provided under the	10791
refugee assistance program established under section 5101.49 of	10792
the Revised Code shall be made by direct deposit to the account of	10793
the participant or recipient in the financial institution	10794
designated under section 329.03 of the Revised Code. Payment by	10795
the director of budget and management to a recipient of benefits	10796
distributed through the medium of electronic benefit transfer	10797
pursuant to section 5101.33 of the Revised Code shall be by	10798
electronic benefit transfer. Payment by the director of budget and	10799
management as compensation to an employee of the state who has,	10800
pursuant to section 124.151 of the Revised Code, designated a	10801
financial institution and account for the direct deposit of such	10802
payments shall be made by direct deposit to the account of the	10803
employee. Payment to any other payee who has designated a	10804
financial institution and account for the direct deposit of such	10805
payment may be made by direct deposit to the account of the payee	10806
in the financial institution as provided in section 9.37 of the	10807
Revised Code. Accounts maintained by the director of budget and	10808
management or the director's agent in a financial institution for	10809
the purpose of effectuating payment by direct deposit or	10810
electronic benefit transfer shall be maintained in accordance with	10811
section 135.18 of the Revised Code.	10812

(C) All other payments from the state treasury shall be made	10813
by paper warrants, electronic funds transfers, or by direct	10814
deposit payable to the respective payees. The director of budget	10815
and management may mail the paper warrants to the respective	10816
payees or distribute them through other state agencies, whichever	10817
the director determines to be the better procedure.	10818

~~(D) If the average per transaction cost the director of~~	10819
~~budget and management incurs in making direct deposits for a state~~	10820
~~agency exceeds the average per transaction cost the director~~	10821
~~incurs in drawing paper warrants for all public offices during the~~	10822
~~same period of time, the director may certify the difference in~~	10823
~~cost and the number of direct deposits for the agency to the~~	10824
~~director of administrative services. The director of~~	10825
~~administrative services shall reimburse the director of budget and~~	10826
~~management for such additional costs and add the amount to the~~	10827
~~processing charge assessed upon the state agency.~~	10828

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	10829
Revised Code, "state agency" means the administrative departments	10830
listed in section 121.02 of the Revised Code, the department of	10831
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	10832
of regents, the opportunities for Ohioans with disabilities	10833
agency, the public utilities commission of Ohio, the adjutant	10834
general, and the state lottery commission.	10835

(B) The office of internal ~~auditing~~audit is hereby created	10836
in the office of budget and management to ~~conduct~~direct internal	10837
audits of state agencies or divisions of state agencies to improve	10838
their operations in the areas of risk management, internal	10839
controls, and governance. The director of budget and management,	10840
with the approval of the governor, shall appoint for the office of	10841
internal ~~auditing~~audit a chief internal auditor who meets the	10842
qualifications specified in division ~~(C)~~(E) of this section. The	10843
chief internal auditor shall serve at the director's pleasure and	10844
be responsible for the administration of the office of internal	10845
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	10846
Revised Code.	10847

(C) The office of internal ~~auditing~~audit shall conduct	10848
programs for the internal auditing of state agencies. The programs	10849
shall include an annual internal audit plan, reviewed by the state	10850
audit committee, that utilizes risk assessment techniques and	10851
identifies the specific audits to be ~~conducted~~directed during the	10852
year. The programs also shall include periodic audits of each	10853
state agency's major systems and controls, including those systems	10854
and controls pertaining to accounting, administration, and	10855
~~electronic data processing~~information technology. Upon the	10856
request of the office of internal ~~auditing~~audit, each state	10857
agency shall provide office employees access to all records and	10858
documents necessary for the performance of an internal audit.	10859

The director of budget and management shall assess a charge	10860
against each state agency for which the office of internal	10861
~~auditing~~audit conducts internal auditing programs under sections	10862
126.45 to 126.48 of the Revised Code so that the total amount of	10863
these charges is sufficient to cover the costs of the operation of	10864
the office of internal ~~auditing~~audit.	10865

(D) At the request of any other organized body, office, or	10866
agency established by the laws of the state for the exercise of	10867
any function of state government that is not described in division	10868
(A) of this section, the office of internal audit may direct an	10869
internal audit of all or part of that body, office, or agency. The	10870
office of internal audit shall charge an amount sufficient to	10871
cover the costs it incurs in relation to the requested audit.	10872

~~(C)~~(E) The chief internal auditor of the office of internal	10873
~~auditing~~audit shall hold at least a bachelor's degree and be one	10874
of the following:	10875

(1) A certified internal auditor, a certified government	10876
auditing professional, or a certified public accountant, who also	10877
has held a PA registration or a CPA certificate authorized by	10878
Chapter 4701. of the Revised Code for at least four years and has	10879
at least six years of auditing experience;	10880

(2) An auditor who has held a PA registration or a CPA	10881
certificate authorized by Chapter 4701. of the Revised Code for at	10882
least four years and has at least ten years of auditing	10883
experience.	10884

~~(D)~~(F) The chief internal auditor, subject to the direction	10885
and control of the director of budget and management, may appoint	10886
and maintain any staff necessary to carry out the duties assigned	10887
by sections 126.45 to 126.48 of the Revised Code to the office of	10888
internal ~~auditing~~audit or to the chief internal auditor.	10889

Sec. 126.46. (A)(1) There is hereby created the state audit	10890
committee, consisting of the following five members: one public	10891
member appointed by the governor; two public members appointed by	10892
the speaker of the house of representatives, one of which may be a	10893
person who is recommended by the minority leader of the house of	10894
representatives; and two public members appointed by the president	10895
of the senate, one of which may be a person who is recommended by	10896
the minority leader of the senate. Not more than two of the four	10897
members appointed by the speaker of the house of representatives	10898
and the president of the senate shall belong to or be affiliated	10899
with the same political party. The member appointed by the	10900
governor shall have the program and management expertise required	10901
to perform the duties of the committee's chairperson.	10902

Each member of the committee shall be external to the	10903
management structure of state government and shall serve a	10904
three-year term. Each term shall commence on the first day of July	10905
and end on the thirtieth day of June. Any member may continue in	10906
office subsequent to the expiration date of the member's term	10907
until the member's successor takes office or until a period of	10908
ninety days has elapsed, whichever occurs first. Members may be	10909
reappointed to serve one additional term.	10910

On ~~the effective date of the amendment of this section by~~	10911
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	10912
terms of the members shall be altered as follows:	10913

(a) The terms of the members appointed by the president shall	10914
expire on June 30, 2012.	10915

(b) The term of the member appointed by the speaker scheduled	10916
to expire on November 17, 2012, shall expire on June 30, 2013.	10917

(c) The term of the other member appointed by the speaker	10918
shall expire on June 30, 2014.	10919

(d) The term of the member appointed by the governor shall	10920
expire on June 30, 2014.	10921

The committee shall include at least one member who is a	10922
financial expert; at least one member who is an active, inactive,	10923
or retired certified public accountant; at least one member who is	10924
familiar with governmental financial accounting; at least one	10925
member who is familiar with information technology systems and	10926
services; and at least one member who is a representative of the	10927
public.	10928

Any vacancy on the committee shall be filled in the same	10929
manner as provided in this division, and, when applicable, the	10930
person appointed to fill a vacancy shall serve the remainder of	10931
the predecessor's term.	10932

(2) Members of the committee shall receive reimbursement for	10933
actual and necessary expenses incurred in the discharge of their	10934
duties.	10935

(3) The member of the committee appointed by the governor	10936
shall serve as the committee's chairperson.	10937

(4) Members of the committee shall be subject to the	10938
disclosure statement requirements of section 102.02 of the Revised	10939
Code.	10940

(B) The state audit committee shall do all of the following:

10941

(1) ~~Ensure that~~Evaluate whether the internal audits	10942
~~conducted~~directed by the office of internal ~~auditing~~audit in the	10943
office of budget and management conform to the institute of	10944
internal auditors' international ~~standards for the~~ professional	10945
~~practice of~~practices framework for internal auditing and to the	10946
institute of internal auditors' code of ethics;	10947

(2) Review and comment on the process used by the office of	10948
budget and management to prepare ~~its annual budgetary financial~~	10949
~~report and~~ the state's comprehensive annual financial report	10950
required under division (A)(9) of section 126.21 of the Revised	10951
Code;	10952

(3) Review and comment on unaudited financial statements	10953
submitted to the auditor of state and communicate with external	10954
auditors as required by government auditing standards;	10955

(4) Perform the additional functions imposed upon it by	10956
section 126.47 of the Revised Code.	10957

(C) As used in this section, "financial expert" means a	10958
person who has all of the following:	10959

(1) An understanding of generally accepted accounting	10960
principles and financial statements;	10961

(2) The ability to assess the general application of those	10962
principles in connection with accounting for estimates, accruals,	10963
and reserves;	10964

(3) Experience preparing, auditing, analyzing, or evaluating	10965
financial statements presenting accounting issues that generally	10966
are of comparable breadth and level of complexity to those likely	10967
to be presented by a state agency's financial statements, or	10968
experience actively supervising one or more persons engaged in	10969
those activities;	10970

(4) An understanding of internal controls and procedures for	10971
financial reporting; and	10972

(5) An understanding of audit committee functions.

10973

Sec. 126.47. (A) The state audit committee created by	10974
section 126.46 of the Revised Code shall ensure that the office of	10975
internal ~~auditing~~audit in the office of budget and management has	10976
an annual internal audit plan that identifies the internal audits	10977
of state agencies or divisions of state agencies scheduled for the	10978
next fiscal year. The chief internal auditor of the office of	10979
internal ~~auditing~~audit shall submit the plan to the state audit	10980
committee for review and comment before the beginning of each	10981
fiscal year. The chief internal auditor may submit a revised	10982
internal audit plan for review and comment at any time the	10983
director of budget and management believes there is reason to	10984
modify the previously submitted plan for a fiscal year.	10985

(B) To determine the state agencies or divisions of state	10986
agencies that are to be internally audited, the office of internal	10987
~~auditing~~audit, in the formulation of an annual or revised	10988
internal audit plan, and the state audit committee, in reviewing a	10989
submitted annual or revised internal audit plan, shall consider	10990
the following factors:	10991

(1) The risk for fraud, waste, or abuse of public money	10992
within an agency or division;	10993

(2) The length of time since an agency or division was last	10994
subject to an internal audit;	10995

(3) The size of an agency or division, and the amount of time	10996
and resources necessary to audit it;	10997

(4) Any other factor the state audit committee determines to	10998
be relevant.	10999

(C) All internal audits shall be ~~conducted only~~directed by	11000
employees of the office of internal ~~auditing~~audit.	11001

(D) After the conclusion of an internal audit, the chief	11002
internal auditor shall submit a preliminary report of the internal	11003
audit's findings and recommendations to the state audit committee	11004
and to the director of the state agency involved. The state agency	11005
or division of the state agency covered by the preliminary report	11006
shall be provided an opportunity to respond within thirty days	11007
after receipt of the preliminary report. The response shall	11008
include a corrective action plan for any recommendations in the	11009
preliminary report that are not disputed by the agency or	11010
division. Any response received by the office of internal ~~auditing~~	11011
audit within that thirty-day period shall be included in the	11012
office's final report of the internal audit's findings and	11013
recommendations. The final report shall be issued by the office of	11014
internal ~~auditing~~audit within thirty days after the termination	11015
of the thirty-day response period. Copies of the final report	11016
shall be submitted to the state audit committee, the governor, and	11017
the director of the state agency involved. The state audit	11018
committee shall determine an appropriate method for making the	11019
preliminary and final reports available for public inspection in a	11020
timely manner.	11021

Any suspected fraud or other illegal activity discovered by	11022
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	11023
internal audit shall be reported immediately to the state audit	11024
committee, the director of the state agency in which the fraud or	11025
illegal activity is suspected to have occurred, and the auditor of	11026
state.	11027

(E) The chief internal auditor shall prepare an annual report	11028
and submit the report to the governor, the president of the	11029
senate, the speaker of the house of representatives, and the	11030
auditor of state. The office of budget and management shall make	11031
the report available to the public by posting it on the office's	11032
web site before the first of ~~July~~August of each year.	11033

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	11034
this section, any preliminary or final report of an internal	11035
audit's findings and recommendations which is produced by the	11036
office of internal ~~auditing~~audit in the office of budget and	11037
management and all work papers of the internal audit are	11038
confidential and are not public records under section 149.43 of	11039
the Revised Code until the final report of an internal audit's	11040
findings and recommendations is submitted to the state audit	11041
committee, the governor, and the director of the state agency	11042
involved.	11043

(B) The following are not public records under section 149.43	11044
of the Revised Code:	11045

(1) An internal audit report that meets the definition of a	11046
security record under section 149.433 of the Revised Code;	11047

(2) Any information derived from a state tax return or state	11048
tax return information as permitted to be used by the office of	11049
internal audit under section 5703.21 of the Revised Code.	11050

Sec. 127.14. The controlling board may, at the request of	11051
any state agency or the director of budget and management,	11052
authorize, with respect to the provisions of any appropriation	11053
act:	11054

(A) Transfers of all or part of an appropriation within but	11055
not between state agencies, except such transfers as the director	11056
of budget and management is authorized by law to make, provided	11057
that no transfer shall be made by the director for the purpose of	11058
effecting new or changed levels of program service not authorized	11059
by the general assembly;	11060

(B) Transfers of all or part of an appropriation from one	11061
fiscal year to another;	11062

(C) Transfers of all or part of an appropriation within or	11063
between state agencies made necessary by administrative	11064
reorganization or by the abolition of an agency or part of an	11065
agency;	11066

(D) Transfers of all or part of cash balances in excess of	11067
needs from any fund of the state to the general revenue fund or to	11068
such other fund of the state to which the money would have been	11069
credited in the absence of the fund from which the transfers are	11070
authorized to be made, except that the controlling board may not	11071
authorize such transfers from the accrued leave liability fund,	11072
auto registration distribution fund, local motor vehicle license	11073
tax fund, budget stabilization fund, building improvement fund,	11074
development bond retirement fund, facilities establishment fund,	11075
gasoline excise tax fund, general revenue fund, higher education	11076
improvement fund, highway improvement bond retirement fund,	11077
highway obligations bond retirement fund, highway capital	11078
improvement fund, highway operating fund, horse racing tax fund,	11079
improvements bond retirement fund, public library fund, liquor	11080
control fund, local government fund, local transportation	11081
improvement program fund, mental health facilities improvement	11082
fund, Ohio fairs fund, parks and recreation improvement fund,	11083
public improvements bond retirement fund, school district income	11084
tax fund, state agency facilities improvement fund, state and	11085
local government highway distribution fund, state highway safety	11086
fund, state lottery fund, undivided liquor permit fund, Vietnam	11087
conflict compensation bond retirement fund, volunteer fire	11088
fighters' dependents fund, waterways safety fund, wildlife fund,	11089
workers' compensation fund, or any fund not specified in this	11090
division that the director of budget and management determines to	11091
be a bond fund or bond retirement fund;	11092

(E) Transfers of all or part of those appropriations included	11093
in the emergency purposes account of the controlling board;	11094

(F) Temporary transfers of all or part of an appropriation or	11095
other moneys into and between existing funds, or new funds, as may	11096
be established by law when needed for capital outlays for which	11097
notes or bonds will be issued;	11098

(G) Transfer or release of all or part of an appropriation to	11099
a state agency requiring controlling board approval of such	11100
transfer or release as provided by law;	11101

(H) Temporary transfer of funds included in the emergency	11102
purposes appropriation of the controlling board. Such temporary	11103
transfers may be made subject to conditions specified by the	11104
controlling board at the time temporary transfers are authorized.	11105
No transfers shall be made under this division for the purpose of	11106
effecting new or changed levels of program service not authorized	11107
by the general assembly.	11108

As used in this section, "request" means an application by a	11109
state agency or the director of budget and management seeking some	11110
action by the controlling board.	11111

When authorizing the transfer of all or part of an	11112
appropriation under this section, the controlling board may	11113
authorize the transfer to an existing appropriation item and the	11114
creation of and transfer to a new appropriation item.	11115

Whenever there is a transfer of all or part of funds included	11116
in the emergency purposes appropriation by the controlling board,	11117
pursuant to division (E) of this section, the state agency or the	11118
director of budget and management receiving such transfer shall	11119
keep a detailed record of the use of the transferred funds. At the	11120
earliest scheduled meeting of the controlling board following the	11121
accomplishment of the purposes specified in the request originally	11122
seeking the transfer, or following the total expenditure of the	11123
transferred funds for the specified purposes, the state agency or	11124
the director of budget and management shall submit a report on the	11125
expenditure of such funds to the board. The portion of any	11126
appropriation so transferred which is not required to accomplish	11127
the purposes designated in the original request to the controlling	11128
board shall be returned to the proper appropriation of the	11129
controlling board at this time.	11130

Notwithstanding any provisions of law providing for the	11131
deposit of revenues received by a state agency to the credit of a	11132
particular fund in the state treasury, whenever there is a	11133
temporary transfer of funds included in the emergency purposes	11134
appropriation of the controlling board pursuant to division (H) of	11135
this section, revenues received by any state agency receiving such	11136
a temporary transfer of funds shall, as directed by the	11137
controlling board, be transferred back to the emergency purposes	11138
appropriation.	11139

The board may delegate to the director of budget and	11140
management authority to approve transfers among items of	11141
appropriation under division (A) of this section.	11142

Sec. 127.16. (A) Upon the request of either a state agency	11143
or the director of budget and management and after the controlling	11144
board determines that an emergency or a sufficient economic reason	11145
exists, the controlling board may approve the making of a purchase	11146
without competitive selection as provided in division (B) of this	11147
section.	11148

(B) Except as otherwise provided in this section, no state	11149
agency, using money that has been appropriated to it directly,	11150
shall:	11151

(1) Make any purchase from a particular supplier, that would	11152
amount to fifty thousand dollars or more when combined with both	11153
the amount of all disbursements to the supplier during the fiscal	11154
year for purchases made by the agency and the amount of all	11155
outstanding encumbrances for purchases made by the agency from the	11156
supplier, unless the purchase is made by competitive selection or	11157
with the approval of the controlling board;	11158

(2) Lease real estate from a particular supplier, if the	11159
lease would amount to seventy-five thousand dollars or more when	11160
combined with both the amount of all disbursements to the supplier	11161
during the fiscal year for real estate leases made by the agency	11162
and the amount of all outstanding encumbrances for real estate	11163
leases made by the agency from the supplier, unless the lease is	11164
made by competitive selection or with the approval of the	11165
controlling board.	11166

(C) Any person who authorizes a purchase in violation of	11167
division (B) of this section shall be liable to the state for any	11168
state funds spent on the purchase, and the attorney general shall	11169
collect the amount from the person.	11170

(D) Nothing in division (B) of this section shall be	11171
construed as:	11172

(1) A limitation upon the authority of the director of	11173
transportation as granted in sections 5501.17, 5517.02, and	11174
5525.14 of the Revised Code;	11175

(2) Applying to medicaid provider agreements under ~~Chapter~~	11176
~~5111. of~~ the ~~Revised Code~~medicaid program;	11177

(3) Applying to the purchase of examinations from a sole	11178
supplier by a state licensing board under Title XLVII of the	11179
Revised Code;	11180

(4) Applying to entertainment contracts for the Ohio state	11181
fair entered into by the Ohio expositions commission, provided	11182
that the controlling board has given its approval to the	11183
commission to enter into such contracts and has approved a total	11184
budget amount for such contracts as agreed upon by commission	11185
action, and that the commission causes to be kept itemized records	11186
of the amounts of money spent under each contract and annually	11187
files those records with the clerk of the house of representatives	11188
and the clerk of the senate following the close of the fair;	11189

(5) Limiting the authority of the chief of the division of	11190
mineral resources management to contract for reclamation work with	11191
an operator mining adjacent land as provided in section 1513.27 of	11192
the Revised Code;	11193

(6) Applying to investment transactions and procedures of any	11194
state agency, except that the agency shall file with the board the	11195
name of any person with whom the agency contracts to make, broker,	11196
service, or otherwise manage its investments, as well as the	11197
commission, rate, or schedule of charges of such person with	11198
respect to any investment transactions to be undertaken on behalf	11199
of the agency. The filing shall be in a form and at such times as	11200
the board considers appropriate.	11201

(7) Applying to purchases made with money for the per cent	11202
for arts program established by section 3379.10 of the Revised	11203
Code;	11204

(8) Applying to purchases made by the ~~rehabilitation services~~	11205
~~commission~~opportunities for Ohioans with disabilities agency of	11206
services, or supplies, that are provided to persons with	11207
disabilities, or to purchases made by the ~~commission~~agency in	11208
connection with the eligibility determinations it makes for	11209
applicants of programs administered by the social security	11210
administration;	11211

(9) Applying to payments by the department of ~~job and family~~	11212
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	11213
Code for group health plan premiums, deductibles, coinsurance, and	11214
other cost-sharing expenses;	11215

(10) Applying to any agency of the legislative branch of the	11216
state government;	11217

(11) Applying to agreements or contracts entered into under	11218
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11219
Revised Code;	11220

(12) Applying to purchases of services by the adult parole	11221
authority under section 2967.14 of the Revised Code or by the	11222
department of youth services under section 5139.08 of the Revised	11223
Code;	11224

(13) Applying to dues or fees paid for membership in an	11225
organization or association;	11226

(14) Applying to purchases of utility services pursuant to	11227
section 9.30 of the Revised Code;	11228

(15) Applying to purchases made in accordance with rules	11229
adopted by the department of administrative services of motor	11230
vehicle, aviation, or watercraft fuel, or emergency repairs of	11231
such vehicles;	11232

(16) Applying to purchases of tickets for passenger air	11233
transportation;	11234

(17) Applying to purchases necessary to provide public	11235
notifications required by law or to provide notifications of job	11236
openings;	11237

(18) Applying to the judicial branch of state government;

11238

(19) Applying to purchases of liquor for resale by the	11239
division of liquor control;	11240

(20) Applying to purchases of motor courier and freight	11241
services made in accordance with department of administrative	11242
services rules;	11243

(21) Applying to purchases from the United States postal	11244
service and purchases of stamps and postal meter replenishment	11245
from vendors at rates established by the United States postal	11246
service;	11247

(22) Applying to purchases of books, periodicals, pamphlets,	11248
newspapers, maintenance subscriptions, and other published	11249
materials;	11250

(23) Applying to purchases from other state agencies,	11251
including state-assisted institutions of higher education or the	11252
Ohio historical society;	11253

(24) Limiting the authority of the director of environmental	11254
protection to enter into contracts under division (D) of section	11255
3745.14 of the Revised Code to conduct compliance reviews, as	11256
defined in division (A) of that section;	11257

(25) Applying to purchases from a qualified nonprofit agency	11258
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11259
the Revised Code;	11260

(26) Applying to payments by the department of job and family	11261
services to the United States department of health and human	11262
services for printing and mailing notices pertaining to the tax	11263
refund offset program of the internal revenue service of the	11264
United States department of the treasury;	11265

(27) Applying to contracts entered into by the department of	11266
developmental disabilities under section 5123.18 of the Revised	11267
Code;	11268

(28) Applying to payments made by the department of ~~mental~~	11269
~~health~~mental health and addiction services under a physician	11270
recruitment program authorized by section ~~5119.101~~5119.185 of	11271
the Revised Code;	11272

(29) Applying to contracts entered into with persons by the	11273
director of commerce for unclaimed funds collection and remittance	11274
efforts as provided in division (F) of section 169.03 of the	11275
Revised Code. The director shall keep an itemized accounting of	11276
unclaimed funds collected by those persons and amounts paid to	11277
them for their services.	11278

(30) Applying to purchases made by a state institution of	11279
higher education in accordance with the terms of a contract	11280
between the vendor and an inter-university purchasing group	11281
comprised of purchasing officers of state institutions of higher	11282
education;	11283

(31) Applying to the department of ~~job and family services'~~	11284
medicaid's purchases of health assistance services under the	11285
children's health insurance program ~~part I provided for under~~	11286
~~section 5101.50 of the Revised Code, the children's health~~	11287
~~insurance program part II provided for under section 5101.51 of~~	11288
~~the Revised Code, or the children's health insurance program part~~	11289
~~III provided for under section 5101.52 of the Revised Code~~;	11290

(32) Applying to payments by the attorney general from the	11291
reparations fund to hospitals and other emergency medical	11292
facilities for performing medical examinations to collect physical	11293
evidence pursuant to section 2907.28 of the Revised Code;	11294

(33) Applying to contracts with a contracting authority or	11295
administrative receiver under division (B) of section 5126.056 of	11296
the Revised Code;	11297

(34) Applying to purchases of goods and services by the	11298
department of veterans services in accordance with the terms of	11299
contracts entered into by the United States department of veterans	11300
affairs;	11301

(35) Applying to payments by the superintendent of the bureau	11302
of criminal identification and investigation to the federal bureau	11303
of investigation for criminal records checks pursuant to section	11304
109.572 of the Revised Code;	11305

(36) Applying to contracts entered into by the department of	11306
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	11307
the Revised Code;	11308

(37) Applying to contracts entered into under section 5160.12	11309
of the Revised Code;	11310

(38) Applying to payments to the Ohio historical society from	11311
other state agencies.	11312

(E) When determining whether a state agency has reached the	11313
cumulative purchase thresholds established in divisions (B)(1) and	11314
(2) of this section, all of the following purchases by such agency	11315
shall not be considered:	11316

(1) Purchases made through competitive selection or with	11317
controlling board approval;	11318

(2) Purchases listed in division (D) of this section;

11319

(3) For the purposes of the threshold of division (B)(1) of	11320
this section only, leases of real estate.	11321

(F) As used in this section, "competitive selection,"	11322
"purchase," "supplies," and "services" have the same meanings as	11323
in section 125.01 of the Revised Code.	11324

~~Sec. 5507.01.~~ Sec. 128.01. As used in this chapter:

11325

(A) "9-1-1 system" means a system through which individuals	11326
can request emergency service using the telephone number 9-1-1.	11327

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	11328
provides information on the nature of and the location of an	11329
emergency, and the personnel receiving the call must determine the	11330
appropriate emergency service provider to respond at that	11331
location.	11332

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	11333
providing both enhanced wireline 9-1-1 and wireless enhanced	11334
9-1-1.	11335

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	11336
the wireline telephone network, in providing wireline 9-1-1,	11337
automatically routes the call to emergency service providers that	11338
serve the location from which the call is made and immediately	11339
provides to personnel answering the 9-1-1 call information on the	11340
location and the telephone number from which the call is being	11341
made.	11342

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	11343
providing wireless 9-1-1, has the capabilities of phase I and, to	11344
the extent available, phase II enhanced 9-1-1 services as	11345
described in 47 C.F.R. 20.18 (d) to (h).	11346

(F)(1) "Wireless service" means federally licensed commercial	11347
mobile service as defined in 47 U.S.C. 332(d) and further defined	11348
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	11349
service provided by any wireless, two-way communications device,	11350
including a radio-telephone communications line used in cellular	11351
telephone service or personal communications service, a network	11352
radio access line, or any functional or competitive equivalent of	11353
such a radio-telephone communications or network radio access	11354
line.	11355

(2) Nothing in this chapter applies to paging or any service	11356
that cannot be used to call 9-1-1.	11357

(G) "Wireless service provider" means a facilities-based	11358
provider of wireless service to one or more end users in this	11359
state.	11360

(H) "Wireless 9-1-1" means the emergency calling service	11361
provided by a 9-1-1 system pursuant to a call originating in the	11362
network of a wireless service provider.	11363

(I) "Wireline 9-1-1" means the emergency calling service	11364
provided by a 9-1-1 system pursuant to a call originating in the	11365
network of a wireline service provider.	11366

(J) "Wireline service provider" means a facilities-based	11367
provider of wireline service to one or more end-users in this	11368
state.	11369

(K) "Wireline service" means basic local exchange service, as	11370
defined in section 4927.01 of the Revised Code, that is	11371
transmitted by means of interconnected wires or cables by a	11372
wireline service provider authorized by the public utilities	11373
commission.	11374

(L) "Wireline telephone network" means the selective router	11375
and data base processing systems, trunking and data wiring cross	11376
connection points at the public safety answering point, and all	11377
other voice and data components of the 9-1-1 system.	11378

(M) "Subdivision" means a county, municipal corporation,	11379
township, township fire district, joint fire district, township	11380
police district, joint police district, joint ambulance district,	11381
or joint emergency medical services district that provides	11382
emergency service within its territory, or that contracts with	11383
another municipal corporation, township, or district or with a	11384
private entity to provide such service; and a state college or	11385
university, port authority, or park district of any kind that	11386
employs law enforcement officers that act as the primary police	11387
force on the grounds of the college or university or port	11388
authority or in the parks operated by the district.	11389

(N) "Emergency service" means emergency law enforcement,	11390
firefighting, ambulance, rescue, and medical service.	11391

(O) "Emergency service provider" means the state highway	11392
patrol and an emergency service department or unit of a	11393
subdivision or that provides emergency service to a subdivision	11394
under contract with the subdivision.	11395

(P) "Public safety answering point" means a facility to which	11396
9-1-1 system calls for a specific territory are initially routed	11397
for response and where personnel respond to specific requests for	11398
emergency service by directly dispatching the appropriate	11399
emergency service provider, relaying a message to the appropriate	11400
provider, or transferring the call to the appropriate provider.	11401

(Q) "Customer premises equipment" means telecommunications	11402
equipment, including telephone instruments, on the premises of a	11403
public safety answering point that is used in answering and	11404
responding to 9-1-1 system calls.	11405

(R) "Municipal corporation in the county" includes any	11406
municipal corporation that is wholly contained in the county and	11407
each municipal corporation located in more than one county that	11408
has a greater proportion of its territory in the county to which	11409
the term refers than in any other county.	11410

(S) "Board of county commissioners" includes the legislative	11411
authority of a county established under Section 3 of Article X,	11412
Ohio Constitution, or Chapter 302. of the Revised Code.	11413

(T) "Final plan" means a final plan adopted under division	11414
(B) of section ~~5507.08~~128.08 of the Revised Code and, except as	11415
otherwise expressly provided, an amended final plan adopted under	11416
section ~~5507.12~~128.12 of the Revised Code.	11417

(U) "Subdivision served by a public safety answering point"	11418
means a subdivision that provides emergency service for any part	11419
of its territory that is located within the territory of a public	11420
safety answering point whether the subdivision provides the	11421
emergency service with its own employees or pursuant to a	11422
contract.	11423

(V) A township's population includes only population of the	11424
unincorporated portion of the township.	11425

(W) "Telephone company" means a company engaged in the	11426
business of providing local exchange telephone service by making	11427
available or furnishing access and a dial tone to persons within a	11428
local calling area for use in originating and receiving voice	11429
grade communications over a switched network operated by the	11430
provider of the service within the area and gaining access to	11431
other telecommunications services. "Telephone company" includes a	11432
wireline service provider and a wireless service provider unless	11433
otherwise expressly specified. For purposes of sections ~~5507.25~~	11434
128.25 and ~~5507.26~~128.26 of the Revised Code, "telephone company"	11435
means a wireline service provider.	11436

(X) "Prepaid wireless calling service" has the same meaning	11437
as in division (AA)(5) of section 5739.01 of the Revised Code.	11438

(Y) "Provider of a prepaid wireless calling service" means a	11439
wireless service provider that provides a prepaid wireless calling	11440
service.	11441

(Z) "Retail sale" has the same meaning as in section 5739.01	11442
of the Revised Code.	11443

(AA) "Seller" means a person that sells a prepaid wireless	11444
calling service to another person by retail sale.	11445

(BB) "Consumer" means the person for whom the prepaid	11446
wireless calling service is provided, to whom the transfer	11447
effected or license given by a sale is or is to be made or given,	11448
to whom the prepaid wireless calling service is charged, or to	11449
whom the admission is granted.	11450

(CC) "Reseller" means a nonfacilities-based provider of	11451
wireless service that provides wireless service under its own name	11452
to one or more end users in this state using the network of a	11453
wireless service provider.	11454

(DD) "Steering committee" means the statewide emergency	11455
services internet protocol network steering committee established	11456
by division (A)(1) of section 128.02 of the Revised Code.	11457

~~Sec. 5507.02.~~ Sec. 128.02. (A)(1) There is hereby created the	11458
statewide emergency services internet protocol network steering	11459
committee, consisting of the following ten members:	11460

(a) The state chief information officer or the officer's	11461
designee;	11462

(b) Two members of the house of representatives appointed by	11463
the speaker, one from the majority party and one from the minority	11464
party;	11465

(c) Two members of the senate appointed by the president, one	11466
from the majority party and one from the minority party;	11467

(d) Five members appointed by the governor.

11468

(2) In appointing the five members under division (A)(1)(d)	11469
of this section, the governor shall appoint two representatives of	11470
the county commissioners' association of Ohio or a successor	11471
organization, two representatives of the Ohio municipal league or	11472
a successor organization, and one representative of the Ohio	11473
township association or a successor organization. For each of	11474
these appointments, the governor shall consider a nominee proposed	11475
by the association or successor organization. The governor may	11476
reject any of the nominees and may request that a nominating	11477
entity submit alternative nominees.	11478

(3) Initial appointments shall be made not later than ten	11479
days after September 28, 2012.	11480

(B)(1) The state chief information officer or the officer's	11481
designee shall serve as the chairperson of the steering committee	11482
and shall be a nonvoting member. All other members shall be voting	11483
members.	11484

(2) A member of the steering committee appointed from the	11485
membership of the senate or the house of representatives shall	11486
serve during the member's term as a member of the general assembly	11487
and until a successor is appointed and qualified, notwithstanding	11488
adjournment of the general assembly or the expiration of the	11489
member's term as a member of the general assembly.	11490

(3) The initial terms of one of the representatives of the	11491
county commissioners' association of Ohio, one of the	11492
representatives of the Ohio municipal league, and the	11493
representative of the Ohio township association shall all expire	11494
on December 31, 2016. The initial terms of the other	11495
representatives of the county commissioners' association of Ohio	11496
and the Ohio municipal league shall expire on December 31, 2014.	11497
Thereafter, terms of the members appointed by the governor shall	11498
be for four years, with each term ending on the same day of the	11499
same month as the term it succeeds. Each member appointed by the	11500
governor shall hold office from the date of the member's	11501
appointment until the end of the term for which the member was	11502
appointed, and may be reappointed. A member appointed by the	11503
governor shall continue in office after the expiration date of the	11504
member's term until the member's successor takes office or until a	11505
period of sixty days has elapsed, whichever occurs first. Members	11506
appointed by the governor shall serve without compensation and	11507
shall not be reimbursed for expenses.	11508

(4) A vacancy in the position of any member of the steering	11509
committee shall be filled for the unexpired term in the same	11510
manner as the original appointment.	11511

(C) The steering committee shall generally advise the state	11512
on the implementation, operation, and maintenance of a statewide	11513
emergency services internet protocol network that would support	11514
state and local government next-generation 9-1-1 and the dispatch	11515
of emergency service providers. The steering committee shall do	11516
all of the following:	11517

(1) On or before May 15, 2013, deliver an initial report to	11518
the speaker of the house of representatives, the president of the	11519
senate, and the governor providing recommendations for the state	11520
to address the development of a statewide emergency services	11521
internet protocol network, which recommendations shall include a	11522
review of the current funding model for this state's 9-1-1 systems	11523
and may include a recommendation for a reduction in wireless 9-1-1	11524
charges;	11525

(2) Examine the readiness of the state's current technology	11526
infrastructure for a statewide emergency services internet	11527
protocol network;	11528

(3) Research legislative authority with regard to governance	11529
and funding of a statewide emergency services internet protocol	11530
network, and provide recommendations on best practices to limit	11531
duplicative efforts to ensure an effective transition to	11532
next-generation 9-1-1;	11533

(4) Make recommendations for consolidation of	11534
public-safety-answering-point operations in this state, including	11535
recommendations for accelerating the consolidation schedule	11536
established in section ~~5507.571~~128.571 of the Revised Code, to	11537
accommodate next-generation 9-1-1 technology and to facilitate a	11538
more efficient and effective emergency services system;	11539

(5) Recommend policies, procedures, and statutory or	11540
regulatory authority to effectively govern a statewide emergency	11541
services internet protocol network;	11542

(6) Designate a next-generation 9-1-1 statewide coordinator	11543
to serve as the primary point of contact for federal initiatives;	11544

(7) Coordinate with statewide initiatives and associations	11545
such as the state interoperable executive committee, the Ohio	11546
geographically referenced information program council, the Ohio	11547
multi-agency radio communications system steering committee, and	11548
other interested parties;	11549

(8) Serve as the entity responsible for the administration of	11550
Chapter 128. of the Revised Code.	11551

(D)(1) ~~Not later than February 15, 2013, each chairperson of~~	11552
~~a countywide 9-1-1 planning committee or the chairperson's~~	11553
~~designee shall report the following information~~A 9-1-1 service	11554
provider shall provide to the steering committee:	11555

(a) The aggregate number of access lines that the provider	11556
maintains within the state of Ohio;	11557

(b) The aggregate amount of costs and cost recovery	11558
associated with providing 9-1-1 service, including coverage under	11559
tariffs and bill and keep arrangements within this state;	11560

(c) Any other information requested by the steering committee	11561
deemed necessary to support the transition to next generation	11562
9-1-1.	11563

(2) Any political subdivision or governmental entity	11564
operating a public safety answering point shall provide to the	11565
steering committee:	11566

(a) The geographic location and population of the area for	11567
which the planning committee is responsible;	11568

(b) Statistics detailing the number of 9-1-1 calls received;

11569

(c) A report of expenditures made from disbursements ~~from the~~	11570
~~wireless~~for 9-1-1 ~~government assistance fund~~;	11571

(d) An inventory of and the technical specifications for the	11572
current 9-1-1 network and equipment;	11573

(e) Any other information requested by the steering committee	11574
that is deemed necessary to support the transition to next	11575
generation 9-1-1.	11576

~~(2)(a) If, by February 15, 2013, a countywide 9-1-1 planning~~	11577
~~committee fails to provide to the steering committee the~~	11578
~~information required under division (D)(1) of this section, the~~	11579
~~steering committee shall notify the Ohio 9-1-1 coordinator of the~~	11580
~~failure and the coordinator shall suspend disbursements from the~~	11581
~~wireless 9-1-1 government assistance fund to that county.~~	11582
~~Disbursements to the county shall resume after the steering~~	11583
~~committee receives the required information and notifies the~~	11584
~~coordinator that the requirement has been met.~~	11585

~~(b) Beginning January 1, 2014, the notification that the~~	11586
~~steering committee has received the required information shall be~~	11587
~~sent to the tax commissioner, and the disbursements to the county~~	11588
~~shall resume after the tax commissioner receives that notice~~	11589

(3) The information requested under divisions (D)(1) and (2)	11590
of this section shall be provided by the 9-1-1 service provider,	11591
political subdivision, or governmental entity within forty-five	11592
days of the request of the steering committee.	11593

(E) The steering committee shall hold its inaugural meeting	11594
not later than thirty days after September 28, 2012. Thereafter,	11595
the steering committee shall meet at least once a month, either in	11596
person or utilizing telecommunication-conferencing technology. A	11597
majority of the voting members shall constitute a quorum.	11598

(F)(1) The steering committee shall have a permanent	11599
technical-standards subcommittee and a permanent	11600
public-safety-answering-point-operations subcommittee, and may,	11601
from time to time, establish additional subcommittees, to advise	11602
and assist the steering committee based upon the subcommittees'	11603
areas of expertise.	11604

(2) The membership of subcommittees shall be determined by	11605
the steering committee.	11606

(a) The technical-standards subcommittee shall include one	11607
member representing a wireline or wireless service provider that	11608
participates in the state's 9-1-1 system, one representative of	11609
the Ohio academic resources network, one representative of the	11610
Ohio multi-agency radio communications system steering committee,	11611
one representative of the Ohio geographically referenced	11612
information program, and one member representing each of the	11613
following associations selected by the steering committee from	11614
nominations received from that association:	11615

(i) The Ohio telephone association;

11616

(ii) The Ohio chapter of the association of public-safety	11617
communications officials;	11618

(iii) The Ohio chapter of the national emergency number	11619
association.	11620

(b) The public-safety-answering-point-operations subcommittee	11621
shall include one member representing the division of emergency	11622
management of the department of public safety, one member	11623
representing the state highway patrol, two members recommended by	11624
the county commissioners' association of Ohio who are managers of	11625
public safety answering points, two members recommended by the	11626
Ohio municipal league who are managers of public safety answering	11627
points, and one member from each of the following associations	11628
selected by the steering committee from nominations received from	11629
that association:	11630

(i) The buckeye state sheriffs' association;

11631

(ii) The Ohio association of chiefs of police;

11632

(iii) The Ohio association of fire chiefs;

11633

(iv) The Ohio chapter of the association of public-safety	11634
communications officials;	11635

(v) The Ohio chapter of the national emergency number	11636
association.	11637

(G) The committee is not an agency, as defined in section	11638
101.82 of the Revised Code, for purposes of sections 101.82 to	11639
101.87 of the Revised Code.	11640

(H) As used in this section, "9-1-1 system," "wireless	11641
service provider," "wireline service provider," "emergency service	11642
provider," and "public safety answering point" have the same	11643
meanings as in section ~~5507.01~~128.01 of the Revised Code.	11644

(I) As used in this section, "bill and keep arrangements" has	11645
the same meaning as in 47 C.F.R. 51.713.	11646

~~Sec. 5507.021.~~ Sec. 128.021. Not later than January 1, 2014, and	11647
in accordance with Chapter 119. of the Revised Code, the ~~statewide~~	11648
~~emergency services internet protocol network~~ steering committee	11649
shall adopt rules that establish technical and operational	11650
standards for public safety answering points eligible to receive	11651
disbursements under section ~~5507.55~~128.55 of the Revised Code.	11652
The rules shall incorporate industry standards and best practices	11653
for wireless 9-1-1 services. Public safety answering points shall	11654
comply with the standards not later than two years after the	11655
effective date of the rules adopting the standards.	11656

~~Sec. 5507.022.~~ Sec. 128.022. The ~~statewide emergency services~~	11657
~~internet protocol network~~ steering committee shall establish	11658
guidelines for the tax commissioner to use when disbursing money	11659
from the next generation 9-1-1 fund to countywide 9-1-1 systems in	11660
the state. The guidelines shall be consistent with the standards	11661
adopted in section ~~5507.021~~128.021 of the Revised Code and shall	11662
specify that disbursements may be used for costs associated with	11663
the operation of and equipment for phase II wireless systems and	11664
for costs associated with a county's migration to next generation	11665
9-1-1 systems and technology.	11666

~~Sec. 5507.03.~~ Sec. 128.03. (A)(1) A countywide 9-1-1 system shall	11667
include all of the territory of the townships and municipal	11668
corporations in the county and any portion of such a municipal	11669
corporation that extends into an adjacent county.	11670

(2) The system shall exclude any territory served by a	11671
wireline service provider that is not capable of reasonably	11672
meeting the technical and economic requirements of providing the	11673
wireline telephone network portion of the countywide system for	11674
that territory. The system shall exclude from enhanced 9-1-1 any	11675
territory served by a wireline service provider that is not	11676
capable of reasonably meeting the technical and economic	11677
requirements of providing the wireline telephone network portion	11678
of enhanced 9-1-1 for that territory. If a 9-1-1 planning	11679
committee and a wireline service provider do not agree on whether	11680
the provider is so capable, the planning committee shall notify	11681
the ~~department of public safety~~steering committee, and the	11682
~~department~~steering committee shall determine whether the wireline	11683
service provider is so capable. The planning committee shall	11684
ascertain whether such disagreement exists before making its	11685
implementation proposal under division (A) of section ~~5507.07~~	11686
128.07 of the Revised Code. The ~~department's~~steering committee's	11687
determination shall be in the form of an order. No final plan	11688
shall require a wireline service provider to provide the wireline	11689
telephone network portion of a 9-1-1 system that the ~~department~~	11690
steering committee has determined the provider is not reasonably	11691
capable of providing.	11692

(B) A countywide 9-1-1 system may be a basic or enhanced	11693
9-1-1 system, or a combination of the two, and shall be for the	11694
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	11695

(C) Every emergency service provider that provides emergency	11696
service within the territory of a countywide 9-1-1 system shall	11697
participate in the countywide system.	11698

(D)(1) Each public safety answering point shall be operated	11699
by a subdivision or a regional council of governments and shall be	11700
operated constantly.	11701

(2) A subdivision or a regional council of governments that	11702
operates a public safety answering point shall pay all of the	11703
costs associated with establishing, equipping, furnishing,	11704
operating, and maintaining that facility and shall allocate those	11705
costs among itself and the subdivisions served by the answering	11706
point based on the allocation formula in a final plan. The	11707
wireline service provider or other entity that provides or	11708
maintains the customer premises equipment shall bill the operating	11709
subdivision or the operating regional council of governments for	11710
the cost of providing such equipment, or its maintenance. A	11711
wireless service provider and a subdivision or regional council of	11712
governments operating a public safety answering point may enter	11713
into a service agreement for providing wireless enhanced 9-1-1	11714
pursuant to a final plan adopted under this chapter.	11715

(E) Except to the extent provided in a final plan that	11716
provides for funding of a 9-1-1 system in part through charges	11717
imposed under section ~~5507.22~~128.22 of the Revised Code, each	11718
subdivision served by a public safety answering point shall pay	11719
the subdivision or regional council of governments that operates	11720
the answering point the amount computed in accordance with the	11721
allocation formula set forth in the final plan.	11722

(F) Notwithstanding any other provision of law, the purchase	11723
or other acquisition, installation, and maintenance of the	11724
telephone network for a 9-1-1 system and the purchase or other	11725
acquisition, installation, and maintenance of customer premises	11726
equipment at a public safety answering point made in compliance	11727
with a final plan or an agreement under section ~~5507.09~~128.09 of	11728
the Revised Code, including customer premises equipment used to	11729
provide wireless enhanced 9-1-1, are not subject to any	11730
requirement of competitive bidding.	11731

(G) Each emergency service provider participating in a	11732
countywide 9-1-1 system shall maintain a telephone number in	11733
addition to 9-1-1.	11734

(H) Whenever a final plan provides for the implementation of	11735
basic 9-1-1, the planning committee shall so notify the ~~department~~	11736
~~of public safety~~steering committee, which shall determine whether	11737
the wireline service providers serving the territory covered by	11738
the plan are capable of reasonably meeting the technical and	11739
economic requirements of providing the wireline telephone network	11740
portion of an enhanced 9-1-1 system. The determination shall be	11741
made solely for purposes of division (C)(2) of section ~~5507.18~~	11742
128.18 of the Revised Code.	11743

(I) If the public safety answering point personnel reasonably	11744
determine that a 9-1-1 call is not an emergency, the personnel	11745
shall provide the caller with the telephone number of an	11746
appropriate subdivision agency as applicable.	11747

(J) A final plan adopted under this chapter, or an agreement	11748
under section ~~5507.09~~128.09 of the Revised Code, may provide	11749
that, by further agreement included in the plan or agreement, the	11750
state highway patrol or one or more public safety answering points	11751
of another 9-1-1 system is the public safety answering point or	11752
points for the provision of wireline or wireless 9-1-1 for all or	11753
part of the territory of the 9-1-1 system established under the	11754
plan or agreement. In that event, the subdivision for which the	11755
wireline or wireless 9-1-1 is provided as named in the agreement	11756
shall be deemed the subdivision operating the public safety	11757
answering point or points for purposes of this chapter, except	11758
that, for the purpose of division (D)(2) of this section, that	11759
subdivision shall pay only so much of the costs of establishing,	11760
equipping, furnishing, operating, or maintaining any such public	11761
safety answering point as are specified in the agreement with the	11762
patrol or other system.	11763

(K) A final plan for the provision of wireless enhanced 9-1-1	11764
shall provide that any wireless 9-1-1 calls routed to a state	11765
highway patrol-operated public safety answering point by default,	11766
due to a wireless service provider so routing all such calls of	11767
its subscribers without prior permission, are instead to be routed	11768
as provided under the plan. Upon the implementation of countywide	11769
wireless enhanced 9-1-1 pursuant to a final plan, the state	11770
highway patrol shall cease any functioning as a public safety	11771
answering point providing wireless 9-1-1 within the territory	11772
covered by the countywide 9-1-1 system so established, unless the	11773
patrol functions as a public safety answering point providing	11774
wireless enhanced 9-1-1 pursuant to an agreement included in the	11775
plan as authorized under division (J) of this section.	11776

~~Sec. 5507.06.~~ Sec. 128.06. (A) A board of county commissioners or	11777
the legislative authority of any municipal corporation in the	11778
county that contains at least thirty per cent of the county's	11779
population may adopt a resolution to convene a 9-1-1 planning	11780
committee, which shall serve without compensation and shall	11781
consist of three voting members as follows:	11782

(1) The president or other presiding officer of the board of	11783
county commissioners, who shall serve as chairperson of the	11784
committee;	11785

(2) The chief executive officer of the most populous	11786
municipal corporation in the county;	11787

(3) From the more populous of the following, either the chief	11788
executive officer of the second most populous municipal	11789
corporation in the county or a member of the board of township	11790
trustees of the most populous township in the county as selected	11791
by majority vote of the board of trustees.	11792

In counties with a population of one hundred seventy-five	11793
thousand or more, the planning committee shall consist of two	11794
additional voting members as follows: a member of a board of	11795
township trustees selected by the majority of boards of township	11796
trustees in the county pursuant to resolutions they adopt, and the	11797
chief executive officer of a municipal corporation in the county	11798
selected by the majority of the legislative authorities of	11799
municipal corporations in the county pursuant to resolutions they	11800
adopt.	11801

When determining population under this division, population	11802
residing outside the county shall be excluded.	11803

(B) Within thirty days after the adoption of a resolution to	11804
convene the committee under division (A) of this section, the	11805
committee shall convene for the sole purpose of developing a final	11806
plan for implementing a countywide 9-1-1 system. The county shall	11807
provide the committee with any clerical, legal, and other staff	11808
assistance necessary to develop the final plan and shall pay for	11809
copying, mailing, and any other such expenses incurred by the	11810
committee in developing the final plan and in meeting the	11811
requirements imposed by sections ~~5507.06~~128.06 to ~~5507.08~~128.08	11812
of the Revised Code.	11813

(C) The 9-1-1 planning committee shall appoint a 9-1-1	11814
technical advisory committee to assist it in planning the	11815
countywide 9-1-1 system. The advisory committee shall include at	11816
least one fire chief and one police chief serving in the county,	11817
the county sheriff, a representative of the state highway patrol	11818
selected by the patrol, one representative of each telephone	11819
company in each case selected by the telephone company	11820
represented, the director/coordinator of emergency management	11821
appointed under section 5502.26, 5502.27, or 5502.271 of the	11822
Revised Code, as appropriate, and a member of a board of township	11823
trustees of a township in the county selected by a majority of	11824
boards of township trustees in the county pursuant to resolutions	11825
they adopt.	11826

~~Sec. 5507.07.~~ Sec. 128.07. (A) The 9-1-1 planning committee shall	11827
prepare a proposal on the implementation of a countywide 9-1-1	11828
system and shall hold a public meeting on the proposal to explain	11829
the system to and receive comments from public officials. At least	11830
thirty but not more than sixty days before the meeting, the	11831
committee shall send a copy of the implementation proposal and	11832
written notice of the meeting:	11833

(1) By certified mail, to the board of county commissioners,	11834
the legislative authority of each municipal corporation in the	11835
county, and to the board of trustees of each township in the	11836
county; and	11837

(2) To the board of trustees, directors, or park	11838
commissioners of each subdivision that will be served by a public	11839
safety answering point under the plan.	11840

(B) The proposal and the final plan adopted by the committee	11841
shall specify:	11842

(1) Which telephone companies serving customers in the county	11843
and, as authorized in division (A)(1) of section ~~5507.03~~128.03 of	11844
the Revised Code, in an adjacent county will participate in the	11845
9-1-1 system;	11846

(2) The location and number of public safety answering	11847
points; how they will be connected to a company's telephone	11848
network; from what geographic territory each will receive 9-1-1	11849
calls; whether basic or enhanced 9-1-1 service will be provided	11850
within such territory; what subdivisions will be served by the	11851
answering point; and whether an answering point will respond to	11852
calls by directly dispatching an emergency service provider, by	11853
relaying a message to the appropriate provider, or by transferring	11854
the call to the appropriate provider;	11855

(3) Which subdivision or regional council of governments will	11856
establish, equip, furnish, operate, and maintain a particular	11857
public safety answering point;	11858

(4) A projection of the initial cost of establishing,	11859
equipping, and furnishing and of the annual cost of the first five	11860
years of operating and maintaining each public safety answering	11861
point;	11862

(5) Whether the cost of establishing, equipping, furnishing,	11863
operating, or maintaining each public safety answering point	11864
should be funded through charges imposed under section ~~5507.22~~	11865
128.22 of the Revised Code or will be allocated among the	11866
subdivisions served by the answering point and, if any such cost	11867
is to be allocated, the formula for so allocating it;	11868

(6) How each emergency service provider will respond to a	11869
misdirected call.	11870

(C) Following the meeting required by this section, the 9-1-1	11871
planning committee may modify the implementation proposal and, no	11872
later than nine months after the resolution authorized by section	11873
~~5507.06~~128.06 of the Revised Code is adopted, may adopt, by	11874
majority vote, a final plan for implementing a countywide 9-1-1	11875
system. If a planning committee and wireline service provider do	11876
not agree on whether the wireline service provider is capable of	11877
providing the wireline telephone network as described under	11878
division (A) of section ~~5507.03~~128.03 of the Revised Code and the	11879
planning committee refers that question to the ~~department of~~	11880
~~public safety~~steering committee, the ~~department~~steering	11881
committee may extend the nine-month deadline established by this	11882
division to twelve months. Immediately on completion of the plan,	11883
the planning committee shall send a copy of the final plan:	11884

(1) By certified mail to the board of county commissioners of	11885
the county, to the legislative authority of each municipal	11886
corporation in the county, and to the board of township trustees	11887
of each township in the county; and	11888

(2) To the board of trustees, directors, or park	11889
commissioners of each subdivision that will be served by a public	11890
safety answering point under the plan.	11891

~~(D) If the committee has not adopted a final plan on or~~	11892
~~before the deadline in division (C) of this section, the committee~~	11893
~~shall cease to exist. A new 9-1-1 planning committee may be~~	11894
~~convened in the manner established in section 5507.06 of the~~	11895
~~Revised Code to develop an implementation proposal and final plan~~	11896
~~in accordance with the requirements of sections 5507.06 to 5507.08~~	11897
~~of the Revised Code.~~	11898

~~Sec. 5507.08.~~ Sec. 128.08. (A) Within sixty days after receipt of	11899
the final plan pursuant to division (C) of section ~~5507.07~~128.07	11900
of the Revised Code, the board of county commissioners of the	11901
county and the legislative authority of each municipal corporation	11902
in the county and of each township whose territory is proposed to	11903
be included in a countywide 9-1-1 system shall act by resolution	11904
to approve or disapprove the plan, except that, with respect to a	11905
final plan that provides for funding of the 9-1-1 system in part	11906
through charges imposed under section ~~5507.22~~128.22 of the	11907
Revised Code, the board of county commissioners shall not act by	11908
resolution to approve or disapprove the plan until after a	11909
resolution adopted under section ~~5507.22~~128.22 of the Revised	11910
Code has become effective as provided in division (D) of that	11911
section. A municipal corporation or township whose territory is	11912
proposed to be included in the system includes any municipal	11913
corporation or township in which a part of its territory is	11914
excluded pursuant to division (A)(2) of section ~~5507.03~~128.03 of	11915
the Revised Code. Each such authority immediately shall notify the	11916
board of county commissioners in writing of its approval or	11917
disapproval of the final plan. Failure by a board or legislative	11918
authority to notify the board of county commissioners of approval	11919
or disapproval within such sixty-day period shall be deemed	11920
disapproval by the board or authority.	11921

(B) As used in this division, "county's population" excludes	11922
the population of any municipal corporation or township that,	11923
under the plan, is completely excluded from 9-1-1 service in the	11924
county's final plan. A countywide plan is effective if all of the	11925
following entities approve the plan in accordance with this	11926
section:	11927

(1) The board of county commissioners;

11928

(2) The legislative authority of a municipal corporation that	11929
contains at least thirty per cent of the county's population, if	11930
any;	11931

(3) The legislative authorities of municipal corporations and	11932
townships that contain at least sixty per cent of the county's	11933
population or, if the plan has been approved by a municipal	11934
corporation that contains at least sixty per cent of the county's	11935
population, by the legislative authorities of municipal	11936
corporations and townships that contain at least seventy-five per	11937
cent of the county's population.	11938

(C) After a countywide plan approved in accordance with this	11939
section is adopted, all of the telephone companies, subdivisions,	11940
and regional councils of governments included in the plan are	11941
subject to the specific requirements of the plan and to this	11942
chapter.	11943

~~Sec. 5507.09.~~ Sec. 128.09. (A) If a final plan is disapproved	11944
under division (B) of section ~~5507.08~~128.08 of the Revised Code,	11945
by resolution, the legislative authority of a municipal	11946
corporation or township that contains at least thirty per cent of	11947
the county's population may establish within its boundaries, or	11948
the legislative authorities of a group of municipal corporations	11949
or townships each of which is contiguous with at least one other	11950
such municipal corporation or township in the group, together	11951
containing at least thirty per cent of the county's population,	11952
may jointly establish within their boundaries a 9-1-1 system. For	11953
that purpose, the municipal corporation or township may enter into	11954
an agreement, and the contiguous municipal corporations or	11955
townships may jointly enter into an agreement with one or more	11956
telephone companies.	11957

(B) If no resolution has been adopted to convene a 9-1-1	11958
planning committee under section ~~5507.06~~128.06 of the Revised	11959
Code, by resolution, the legislative authority of any municipal	11960
corporation in the county may establish within its boundaries, or	11961
the legislative authorities of a group of municipal corporations	11962
and townships each of which is contiguous to at least one of the	11963
other such municipal corporations or townships in the group may	11964
jointly establish within their boundaries, a 9-1-1 system. For	11965
that purpose, the municipal corporation, or contiguous municipal	11966
corporations and townships, may enter into an agreement with one	11967
or more telephone companies.	11968

(C) Whenever a telephone company that is a wireline service	11969
provider and one or more municipal corporations and townships	11970
enter into an agreement under division (A) or (B) of this section	11971
to provide for the wireline telephone network portion of a basic	11972
9-1-1 system, the telephone company shall so notify the ~~department~~	11973
~~of public safety~~steering committee, which shall determine whether	11974
the telephone company is capable of reasonably meeting the	11975
technical and economic requirements of providing the wireline	11976
telephone network for an enhanced system within the territory	11977
served by the company and covered by the agreement. The	11978
determination shall be made solely for the purposes of division	11979
(C)(2) of section ~~5507.18~~128.18 of the Revised Code.	11980

(D) Within three years from the date of entering into an	11981
initial agreement described under division (C) of this section,	11982
the telephone company shall have installed the wireline telephone	11983
network portion of the 9-1-1 system according to the terms,	11984
conditions, requirements, and specifications set forth in the	11985
agreement.	11986

(E) A telephone company that is a wireline service provider	11987
shall recover the cost of installing the wireline telephone	11988
network system pursuant to agreements made under this section as	11989
provided in sections ~~5507.18~~128.18 and 5733.55 of the Revised	11990
Code.	11991

~~Sec. 5507.12.~~ Sec. 128.12. (A) An amended final plan is required	11992
for any of the following purposes:	11993

(1) Expanding the territory included in the countywide 9-1-1	11994
system;	11995

(2) Upgrading any part or all of a system from basic to	11996
enhanced wireline 9-1-1;	11997

(3) Adjusting the territory served by a public safety	11998
answering point;	11999

(4) Permitting a regional council of governments to operate a	12000
public safety answering point;	12001

(5) Represcribing the funding of public safety answering	12002
points as between the alternatives set forth in division (B)(5) of	12003
section ~~5507.07~~128.07 of the Revised Code;	12004

(6) Providing for wireless enhanced 9-1-1;

12005

(7) Adding a telephone company as a participant in a	12006
countywide 9-1-1 system after the implementation of wireline 9-1-1	12007
or wireless enhanced 9-1-1;	12008

(8) Providing that the state highway patrol or one or more	12009
public safety answering points of another 9-1-1 system function as	12010
a public safety answering point or points for the provision of	12011
wireline or wireless 9-1-1 for all or part of the territory of the	12012
system established under the final plan, as contemplated under	12013
division (J) of section ~~5507.03~~128.03 of the Revised Code;	12014

(9) Making any other necessary adjustments to the plan.

12015

(B) ~~Except as otherwise provided in division (C) of this~~	12016
~~section, a final plan shall be amended in the manner provided for~~	12017
~~adopting a final plan under sections 5507.06 to 5507.08 of the~~	12018
~~Revised Code, including convening a 9-1-1 planning committee and~~	12019
~~developing a proposed amended plan prior to adopting an amended~~	12020
~~final plan.~~	12021

~~(C)~~(1) To amend a final plan for the purpose described in	12022
division (A)(7) of this section, an entity that wishes to be added	12023
as a participant in a 9-1-1 system shall file a written letter of	12024
that intent with the board of county commissioners of the county	12025
that approved the final plan. The final plan is deemed amended	12026
upon the filing of that letter. The entity that files the letter	12027
shall send written notice of that filing to all subdivisions,	12028
regional councils of governments, and telephone companies	12029
participating in the system.	12030

(2) An amendment to a final plan for aany other purpose set	12031
forth in division (A)~~(1), (3), (6), or (9)~~ of this section may be	12032
made by an addendum approved by a majority of the 9-1-1 planning	12033
committee. The board of county commissioners shall call a meeting	12034
of the 9-1-1 planning committee for the purpose of considering an	12035
addendum pursuant to this division.	12036

(3) Adoption of any resolution under section ~~5507.22~~128.22	12037
of the Revised Code pursuant to a final plan that both has been	12038
adopted and provides for funding through charges imposed under	12039
that section is not an amendment of a final plan for the purpose	12040
of this division.	12041

~~(D)~~(C) When a final plan is amended for a purpose described	12042
in division (A)(1), (2), or (7) of this section, sections ~~5507.18~~	12043
128.18 and 5733.55 of the Revised Code apply with respect to the	12044
receipt of the nonrecurring and recurring rates and charges for	12045
the wireline telephone network portion of the 9-1-1 system.	12046

~~Sec. 5507.15.~~ Sec. 128.15. (A) Within three years from the date an	12047
initial final plan becomes effective under division (B) of section	12048
~~5507.08~~128.08 of the Revised Code, the wireline service providers	12049
designated in the plan shall have installed the wireline telephone	12050
network portion of the 9-1-1 system according to the terms,	12051
conditions, requirements, and specifications set forth in that	12052
plan.	12053

(B)(1) Upon installation of a countywide 9-1-1 system, the	12054
board of county commissioners may direct the county engineer to	12055
erect and maintain at the county boundaries on county roads and	12056
state and interstate highways, signs indicating the availability	12057
of a countywide 9-1-1 system. Any sign erected by a county under	12058
this section shall be erected in accordance with and meet the	12059
specifications established under division (B)(2) of this section.	12060
All expenses incurred in erecting and maintaining the signs shall	12061
be paid by the county.	12062

(2) The director of transportation shall develop design	12063
specifications for signs giving notice of the availability of a	12064
countywide 9-1-1 system. The director also shall establish	12065
standards for the erection of the signs and, in accordance with	12066
federal law and regulations and recognized engineering practices,	12067
specify those locations where the signs shall not be erected.	12068

~~Sec. 5507.18.~~ Sec. 128.18. (A) In accordance with this chapter and	12069
Chapters 4901., 4903., 4905., and 4909. of the Revised Code, the	12070
public utilities commission shall determine the just, reasonable,	12071
and compensatory rates, tolls, classifications, charges, or	12072
rentals to be observed and charged for the wireline telephone	12073
network portion of a basic or enhanced 9-1-1 system, and each	12074
telephone company that is a wireline service provider	12075
participating in the system shall be subject to those chapters, to	12076
the extent they apply, as to the service provided by its portion	12077
of the wireline telephone network for the system as described in	12078
the final plan or to be installed pursuant to agreements under	12079
section ~~5507.09~~128.09 of the Revised Code, and as to the rates,	12080
tolls, classifications, charges, or rentals to be observed and	12081
charged for that service.	12082

(B) Only the customers of a participating telephone company	12083
described in division (A) of this section that are served within	12084
the area covered by a 9-1-1 system shall pay the recurring rates	12085
for the maintenance and operation of the company's portion of the	12086
wireline telephone network of the system. Such rates shall be	12087
computed by dividing the total monthly recurring rates set forth	12088
in the company's schedule as filed in accordance with section	12089
4905.30 of the Revised Code, by the total number of residential	12090
and business customer access lines, or their equivalent, within	12091
the area served. Each residential and business customer within the	12092
area served shall pay the recurring rates based on the number of	12093
its residential and business customer access lines or their	12094
equivalent. No company shall include such amount on any customer's	12095
bill until the company has completed its portion of the wireline	12096
telephone network in accordance with the terms, conditions,	12097
requirements, and specifications of the final plan or an agreement	12098
made under section ~~5507.09~~128.09 of the Revised Code.	12099

(C)(1) Except as otherwise provided in division (C)(2) of	12100
this section, a participating telephone company described in	12101
division (A) of this section may receive through the credit	12102
authorized by section 5733.55 of the Revised Code the total	12103
nonrecurring charges for its portion of the wireline telephone	12104
network of the system and the total nonrecurring charges for any	12105
updating or modernization of that wireline telephone network in	12106
accordance with the terms, conditions, requirements, and	12107
specifications of the final plan or pursuant to agreements under	12108
section ~~5507.09~~128.09 of the Revised Code, as such charges are	12109
set forth in the schedule filed by the telephone company in	12110
accordance with section 4905.30 of the Revised Code. However, that	12111
portion, updating, or modernization shall not be for or include	12112
the provision of wireless 9-1-1. As applicable, the receipt of	12113
permissible charges shall occur only upon the completion of the	12114
installation of the network or the completion of the updating or	12115
modernization.	12116

(2) The credit shall not be allowed under division (C)(1) of	12117
this section for the upgrading of a system from basic to enhanced	12118
wireline 9-1-1 if both of the following apply:	12119

(a) The telephone company received the credit for the	12120
wireline telephone network portion of the basic 9-1-1 system now	12121
proposed to be upgraded.	12122

(b) At the time the final plan or agreement pursuant to	12123
section ~~5507.09~~128.09 of the Revised Code calling for the basic	12124
9-1-1 system was agreed to, the telephone company was capable of	12125
reasonably meeting the technical and economic requirements of	12126
providing the wireline telephone network portion of an enhanced	12127
9-1-1 system within the territory proposed to be upgraded, as	12128
determined by the ~~department of public safety~~steering committee	12129
under division (A) or (H) of section ~~5507.03~~128.03 or division	12130
(C) of section ~~5507.09~~128.09 of the Revised Code.	12131

(3) If the credit is not allowed under division (C)(2) of	12132
this section, the total nonrecurring charges for the wireline	12133
telephone network used in providing 9-1-1 service, as set forth in	12134
the schedule filed by a telephone company in accordance with	12135
section 4905.30 of the Revised Code, on completion of the	12136
installation of the network in accordance with the terms,	12137
conditions, requirements, and specifications of the final plan or	12138
pursuant to section ~~5507.09~~128.09 of the Revised Code, shall be	12139
paid by the municipal corporations and townships with any	12140
territory in the area in which such upgrade from basic to enhanced	12141
9-1-1 is made.	12142

(D) If customer premises equipment for a public safety	12143
answering point is supplied by a telephone company that is	12144
required to file a schedule under section 4905.30 of the Revised	12145
Code pertaining to customer premises equipment, the recurring and	12146
nonrecurring rates and charges for the installation and	12147
maintenance of the equipment specified in the schedule shall	12148
apply.	12149

~~Sec. 5507.22.~~ Sec. 128.22. (A)(1) For the purpose of paying the	12150
costs of establishing, equipping, and furnishing one or more	12151
public safety answering points as part of a countywide 9-1-1	12152
system effective under division (B) of section ~~5507.08~~128.08 of	12153
the Revised Code and paying the expense of administering and	12154
enforcing this section, the board of county commissioners of a	12155
county, in accordance with this section, may fix and impose, on	12156
each lot or parcel of real property in the county that is owned by	12157
a person, municipal corporation, township, or other political	12158
subdivision and is improved, or is in the process of being	12159
improved, reasonable charges to be paid by each such owner. The	12160
charges shall be sufficient to pay only the estimated allowed	12161
costs and shall be equal in amount for all such lots or parcels.	12162

(2) For the purpose of paying the costs of operating and	12163
maintaining the answering points and paying the expense of	12164
administering and enforcing this section, the board, in accordance	12165
with this section, may fix and impose reasonable charges to be	12166
paid by each owner, as provided in division (A)(1) of this	12167
section, that shall be sufficient to pay only the estimated	12168
allowed costs and shall be equal in amount for all such lots or	12169
parcels. The board may fix and impose charges under this division	12170
pursuant to a resolution adopted for the purposes of both	12171
divisions (A)(1) and (2) of this section or pursuant to a	12172
resolution adopted solely for the purpose of division (A)(2) of	12173
this section, and charges imposed under division (A)(2) of this	12174
section may be separately imposed or combined with charges imposed	12175
under division (A)(1) of this section.	12176

(B) Any board adopting a resolution under this section	12177
pursuant to a final plan initiating the establishment of a 9-1-1	12178
system or pursuant to an amendment to a final plan shall adopt the	12179
resolution within sixty days after the board receives the final	12180
plan for the 9-1-1 system pursuant to division (C) of section	12181
~~5507.07~~128.07 of the Revised Code. The board by resolution may	12182
change any charge imposed under this section whenever the board	12183
considers it advisable. Any resolution adopted under this section	12184
shall declare whether securities will be issued under Chapter 133.	12185
of the Revised Code in anticipation of the collection of unpaid	12186
special assessments levied under this section.	12187

(C) The board shall adopt a resolution under this section at	12188
a public meeting held in accordance with section 121.22 of the	12189
Revised Code. Additionally, the board, before adopting any such	12190
resolution, shall hold at least two public hearings on the	12191
proposed charges. Prior to the first hearing, the board shall	12192
publish notice of the hearings once a week for two consecutive	12193
weeks in a newspaper of general circulation in the county or as	12194
provided in section 7.16 of the Revised Code. The notice shall	12195
include a listing of the charges proposed in the resolution and	12196
the date, time, and location of each of the hearings. The board	12197
shall hear any person who wishes to testify on the charges or the	12198
resolution.	12199

(D) No resolution adopted under this section shall be	12200
effective sooner than thirty days following its adoption nor shall	12201
any such resolution be adopted as an emergency measure. The	12202
resolution is subject to a referendum in accordance with sections	12203
305.31 to 305.41 of the Revised Code unless, in the resolution,	12204
the board of county commissioners directs the board of elections	12205
of the county to submit the question of imposing the charges to	12206
the electors of the county at the next primary or general election	12207
in the county occurring not less than ninety days after the	12208
resolution is certified to the board. No resolution shall go into	12209
effect unless approved by a majority of those voting upon it in	12210
any election allowed under this division.	12211

(E) To collect charges imposed under division (A) of this	12212
section, the board of county commissioners shall certify them to	12213
the county auditor of the county who then shall place them upon	12214
the real property duplicate against the properties to be assessed,	12215
as provided in division (A) of this section. Each assessment shall	12216
bear interest at the same rate that securities issued in	12217
anticipation of the collection of the assessments bear, is a lien	12218
on the property assessed from the date placed upon the real	12219
property duplicate by the auditor, and shall be collected in the	12220
same manner as other taxes.	12221

(F) All money collected by or on behalf of a county under	12222
this section shall be paid to the county treasurer of the county	12223
and kept in a separate and distinct fund to the credit of the	12224
county. The fund shall be used to pay the costs allowed in	12225
division (A) of this section and specified in the resolution	12226
adopted under that division. In no case shall any surplus so	12227
collected be expended for other than the use and benefit of the	12228
county.	12229

~~Sec. 5507.25.~~ Sec. 128.25. (A) This section applies only to a	12230
county that meets both of the following conditions:	12231

(1) A final plan for a countywide 9-1-1 system either has not	12232
been approved in the county under section ~~5507.08~~128.08 of the	12233
Revised Code or has been approved but has not been put into	12234
operation because of a lack of funding;	12235

(2) The board of county commissioners, at least once, has	12236
submitted to the electors of the county the question of raising	12237
funds for a 9-1-1 system under section ~~5507.22~~128.22, 5705.19, or	12238
5739.026 of the Revised Code, and a majority of the electors has	12239
disapproved the question each time it was submitted.	12240

(B) A board of county commissioners may adopt a resolution	12241
imposing a monthly charge on telephone access lines to pay for the	12242
equipment costs of establishing and maintaining no more than three	12243
public safety answering points of a countywide 9-1-1 system, which	12244
public safety answering points shall be only twenty-four-hour	12245
dispatching points already existing in the county. The resolution	12246
shall state the amount of the charge, which shall not exceed fifty	12247
cents per month, and the month the charge will first be imposed,	12248
which shall be no earlier than four months after the special	12249
election held pursuant to this section. Each residential and	12250
business telephone company customer within the area served by the	12251
9-1-1 system shall pay the monthly charge for each of its	12252
residential or business customer access lines or their equivalent.	12253

Before adopting a resolution under this division, the board	12254
of county commissioners shall hold at least two public hearings on	12255
the proposed charge. Before the first hearing, the board shall	12256
publish notice of the hearings once a week for two consecutive	12257
weeks in a newspaper of general circulation in the county or as	12258
provided in section 7.16 of the Revised Code. The notice shall	12259
state the amount of the proposed charge, an explanation of the	12260
necessity for the charge, and the date, time, and location of each	12261
of the hearings.	12262

(C) A resolution adopted under division (B) of this section	12263
shall direct the board of elections to submit the question of	12264
imposing the charge to the electors of the county at a special	12265
election on the day of the next primary or general election in the	12266
county. The board of county commissioners shall certify a copy of	12267
the resolution to the board of elections not less than ninety days	12268
before the day of the special election. No resolution adopted	12269
under division (B) of this section shall take effect unless	12270
approved by a majority of the electors voting upon the resolution	12271
at an election held pursuant to this section.	12272

In any year, the board of county commissioners may impose a	12273
lesser charge than the amount originally approved by the electors.	12274
The board may change the amount of the charge no more than once a	12275
year. The board may not impose a charge greater than the amount	12276
approved by the electors without first holding an election on the	12277
question of the greater charge.	12278

(D) Money raised from a monthly charge on telephone access	12279
lines under this section shall be deposited into a special fund	12280
created in the county treasury by the board of county	12281
commissioners pursuant to section 5705.12 of the Revised Code, to	12282
be used only for the necessary equipment costs of establishing and	12283
maintaining no more than three public safety answering points of a	12284
countywide 9-1-1 system pursuant to a resolution adopted under	12285
division (B) of this section. In complying with this division, any	12286
county may seek the assistance of the ~~department of public safety~~	12287
steering committee with regard to operating and maintaining a	12288
9-1-1 system.	12289

(E) Pursuant to the voter approval required by division (C)	12290
of this section, the final plan for a countywide 9-1-1 system that	12291
will be funded through a monthly charge imposed in accordance with	12292
this section shall be amended by the existing 9-1-1 planning	12293
committee, and the amendment of such a final plan is not an	12294
amendment of a final plan for the purpose of division (A) of	12295
section ~~5507.12~~128.12 of the Revised Code.	12296

~~Sec. 5507.26.~~ Sec. 128.26. (A) This section applies only to a	12297
county that has a final plan for a countywide 9-1-1 system that	12298
either has not been approved in the county under section ~~5507.08~~	12299
128.08 of the Revised Code or has been approved but has not been	12300
put into operation because of a lack of funding.	12301

(B) A board of county commissioners may adopt a resolution	12302
imposing a monthly charge on telephone access lines to pay for the	12303
operating and equipment costs of establishing and maintaining no	12304
more than one public safety answering point of a countywide 9-1-1	12305
system. The resolution shall state the amount of the charge, which	12306
shall not exceed fifty cents per month, and the month the charge	12307
will first be imposed, which shall be no earlier than four months	12308
after the special election held pursuant to this section. Each	12309
residential and business telephone company customer within the	12310
area of the county served by the 9-1-1 system shall pay the	12311
monthly charge for each of its residential or business customer	12312
access lines or their equivalent.	12313

Before adopting a resolution under this division, the board	12314
of county commissioners shall hold at least two public hearings on	12315
the proposed charge. Before the first hearing, the board shall	12316
publish notice of the hearings once a week for two consecutive	12317
weeks in a newspaper of general circulation in the county or as	12318
provided in section 7.16 of the Revised Code. The notice shall	12319
state the amount of the proposed charge, an explanation of the	12320
necessity for the charge, and the date, time, and location of each	12321
of the hearings.	12322

(C) A resolution adopted under division (B) of this section	12323
shall direct the board of elections to submit the question of	12324
imposing the charge to the electors of the county at a special	12325
election on the day of the next primary or general election in the	12326
county. The board of county commissioners shall certify a copy of	12327
the resolution to the board of elections not less than ninety days	12328
before the day of the special election. No resolution adopted	12329
under division (B) of this section shall take effect unless	12330
approved by a majority of the electors voting upon the resolution	12331
at an election held pursuant to this section.	12332

In any year, the board of county commissioners may impose a	12333
lesser charge than the amount originally approved by the electors.	12334
The board may change the amount of the charge no more than once a	12335
year. The board shall not impose a charge greater than the amount	12336
approved by the electors without first holding an election on the	12337
question of the greater charge.	12338

(D) Money raised from a monthly charge on telephone access	12339
lines under this section shall be deposited into a special fund	12340
created in the county treasury by the board of county	12341
commissioners pursuant to section 5705.12 of the Revised Code, to	12342
be used only for the necessary operating and equipment costs of	12343
establishing and maintaining no more than one public safety	12344
answering point of a countywide 9-1-1 system pursuant to a	12345
resolution adopted under division (B) of this section. In	12346
complying with this division, any county may seek the assistance	12347
of the ~~department of public safety~~steering committee with regard	12348
to operating and maintaining a 9-1-1 system.	12349

(E) Nothing in sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of	12350
the Revised Code precludes a final plan adopted in accordance with	12351
those sections from being amended to provide that, by agreement	12352
included in the plan, a public safety answering point of another	12353
countywide 9-1-1 system is the public safety answering point of a	12354
countywide 9-1-1 system funded through a monthly charge imposed in	12355
accordance with this section. In that event, the county for which	12356
the public safety answering point is provided shall be deemed the	12357
subdivision operating the public safety answering point for	12358
purposes of sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of the	12359
Revised Code, except that, for the purpose of division (D) of	12360
section ~~5507.03~~128.03 of the Revised Code, the county shall pay	12361
only so much of the costs associated with establishing, equipping,	12362
furnishing, operating, or maintaining the public safety answering	12363
point specified in the agreement included in the final plan.	12364

(F) Pursuant to the voter approval required by division (C)	12365
of this section, the final plan for a countywide 9-1-1 system that	12366
will be funded through a monthly charge imposed in accordance with	12367
this section, or that will be amended to include an agreement	12368
described in division (E) of this section, shall be amended by the	12369
existing 9-1-1 planning committee, and the amendment of such a	12370
final plan is not an amendment of a final plan for the purpose of	12371
division (A) of section ~~5507.12~~128.12 of the Revised Code.	12372

~~Sec. 5507.27.~~ Sec. 128.27. (A) As part of its normal monthly	12373
billing process, each telephone company with customers in the area	12374
served by a 9-1-1 system shall bill and collect from those	12375
customers any charge imposed under section ~~5507.25~~128.25 or	12376
~~5507.26~~128.26 of the Revised Code. The company may list the	12377
charge as a separate entry on each bill and may indicate on the	12378
bill that the charge is made pursuant to approval of a ballot	12379
issue by county voters. Any customer billed by a company for a	12380
charge imposed under section ~~5507.25~~128.25 or ~~5507.26~~128.26 of	12381
the Revised Code is liable to the county for the amount billed.	12382
The company shall apply any partial payment of a customer's bill	12383
first to the amount the customer owes the company. The company	12384
shall keep complete records of charges it bills and collects, and	12385
such records shall be open during business hours for inspection by	12386
the county commissioners or their agents or employees. If a	12387
company fails to bill any customer for the charge, it is liable to	12388
the county for the amount that was not billed.	12389

(B) A telephone company that collects charges under this	12390
section shall remit the money to the county on a quarterly basis.	12391
The company may retain three per cent of any charge it collects as	12392
compensation for the costs of such collection. If a company	12393
collects charges under this section and fails to remit the money	12394
to the county as prescribed, it is liable to the county for any	12395
amount collected and not remitted.	12396

~~Sec. 5507.32.~~ Sec. 128.32. (A)(1) The state, the state highway	12397
patrol, a subdivision, or a regional council of governments	12398
participating in a 9-1-1 system established under this chapter and	12399
any officer, agent, employee, or independent contractor of the	12400
state, the state highway patrol, or such a participating	12401
subdivision or regional council of governments is not liable in	12402
damages in a civil action for injuries, death, or loss to persons	12403
or property arising from any act or omission, except willful or	12404
wanton misconduct, in connection with developing, adopting, or	12405
approving any final plan or any agreement made under section	12406
~~5507.09~~128.09 of the Revised Code or otherwise bringing into	12407
operation the 9-1-1 system pursuant to this chapter.	12408

(2) The ~~Ohio 9-1-1 council, the wireless 9-1-1 advisory~~	12409
~~board,~~steering committee and any member of ~~that council or board~~	12410
the steering committee are not liable in damages in a civil action	12411
for injuries, death, or loss to persons or property arising from	12412
any act or omission, except willful or wanton misconduct, in	12413
connection with the development or operation of a 9-1-1 system	12414
established under this chapter.	12415

(B) Except as otherwise provided in this section ~~5507.32 of~~	12416
~~the Revised Code~~, an individual who gives emergency instructions	12417
through a 9-1-1 system established under this chapter, and the	12418
principals for whom the person acts, including both employers and	12419
independent contractors, public and private, and an individual who	12420
follows emergency instructions and the principals for whom that	12421
person acts, including both employers and independent contractors,	12422
public and private, are not liable in damages in a civil action	12423
for injuries, death, or loss to persons or property arising from	12424
the issuance or following of emergency instructions, except where	12425
the issuance or following of the instructions constitutes willful	12426
or wanton misconduct.	12427

(C) Except for willful or wanton misconduct, a telephone	12428
company, and any other installer, maintainer, or provider, through	12429
the sale or otherwise, of customer premises equipment, and their	12430
respective officers, directors, employees, agents, and suppliers	12431
are not liable in damages in a civil action for injuries, death,	12432
or loss to persons or property incurred by any person resulting	12433
from any of the following:	12434

(1) Such an entity's or its officers', directors',	12435
employees', agents', or suppliers' participation in or acts or	12436
omissions in connection with participating in or developing,	12437
maintaining, or operating a 9-1-1 system;	12438

(2) Such an entity's or its officers', directors',	12439
employees', agents', or suppliers' provision of assistance to a	12440
public utility, municipal utility, or state or local government as	12441
authorized by divisions (G)(4) and (5) of this section.	12442

(D) Except for willful or wanton misconduct, a provider of	12443
and a seller of a prepaid wireless calling service and their	12444
respective officers, directors, employees, agents, and suppliers	12445
are not liable in damages in a civil action for injuries, death,	12446
or loss to persons or property incurred by any person resulting	12447
from anything described in division (C) of this section.	12448

(E) No person shall knowingly use the telephone number of a	12449
9-1-1 system established under this chapter to report an emergency	12450
if the person knows that no emergency exists.	12451

(F) No person shall knowingly use a 9-1-1 system for a	12452
purpose other than obtaining emergency service.	12453

(G) No person shall disclose or use any information	12454
concerning telephone numbers, addresses, or names obtained from	12455
the data base that serves the public safety answering point of a	12456
9-1-1 system established under this chapter, except for any of the	12457
following purposes or under any of the following circumstances:	12458

(1) For the purpose of the 9-1-1 system;

12459

(2) For the purpose of responding to an emergency call to an	12460
emergency service provider;	12461

(3) In the circumstance of the inadvertent disclosure of such	12462
information due solely to technology of the wireline telephone	12463
network portion of the 9-1-1 system not allowing access to the	12464
data base to be restricted to 9-1-1 specific answering lines at a	12465
public safety answering point;	12466

(4) In the circumstance of access to a data base being given	12467
by a telephone company that is a wireline service provider to a	12468
public utility or municipal utility in handling customer calls in	12469
times of public emergency or service outages. The charge, terms,	12470
and conditions for the disclosure or use of such information for	12471
the purpose of such access to a data base shall be subject to the	12472
jurisdiction of the ~~department of public safety~~steering	12473
committee.	12474

(5) In the circumstance of access to a data base given by a	12475
telephone company that is a wireline service provider to a state	12476
and local government in warning of a public emergency, as	12477
determined by the ~~department of public safety~~steering committee.	12478
The charge, terms, and conditions for the disclosure or use of	12479
that information for the purpose of access to a data base is	12480
subject to the jurisdiction of the ~~department of public safety~~	12481
steering committee.	12482

~~Sec. 5507.34.~~ Sec. 128.34. (A) The attorney general, upon request	12483
of the ~~department of public safety~~steering committee, or on the	12484
attorney general's own initiative, shall begin proceedings against	12485
a telephone company that is a wireline service provider to enforce	12486
compliance with this chapter or with the terms, conditions,	12487
requirements, or specifications of a final plan or of an agreement	12488
under section ~~5507.09~~128.09 of the Revised Code as to wireline	12489
or wireless 9-1-1.	12490

(B) The attorney general, upon the attorney general's own	12491
initiative, or any prosecutor, upon the prosecutor's initiative,	12492
shall begin proceedings against a subdivision or a regional	12493
council of governments as to wireline or wireless 9-1-1 to enforce	12494
compliance with this chapter or with the terms, conditions,	12495
requirements, or specifications of a final plan or of an agreement	12496
under section ~~5507.09~~128.09 of the Revised Code as to wireline or	12497
wireless 9-1-1.	12498

~~Sec. 5507.40.~~ Sec. 128.40. There is hereby created within the	12499
~~public utilities commission~~department of administrative services	12500
the 9-1-1 ~~service~~ program office, headed by an ~~Ohio 9-1-1~~	12501
~~coordinator~~administrator in the unclassified civil service	12502
pursuant to division (A)(9) of section 124.11 of the Revised Code.	12503
The ~~coordinator~~administrator shall be appointed by and serve at	12504
the pleasure of the ~~commission chairperson~~director of	12505
administrative services and shall report directly to the	12506
~~chairperson. On May 6, 2005, the chairperson shall appoint an~~	12507
~~interim coordinator and, upon submission of a list of nominees by~~	12508
~~the Ohio 9-1-1 council pursuant to section 5507.65 of the Revised~~	12509
~~Code, shall consider those nominees in making the final~~	12510
~~appointment and in appointing any subsequent coordinator. The~~	12511
~~chairperson may request the council to submit additional nominees~~	12512
~~and may reject any of the nominees. The chairperson shall fix the~~	12513
~~compensation of the coordinator. The chairperson shall evaluate~~	12514
~~the performance of the coordinator after considering the~~	12515
~~evaluation and recommendations of the council under section~~	12516
~~5507.65 of the Revised Code~~state chief information officer. The	12517
program office	12518

~~The Ohio 9-1-1 coordinator~~ shall administer the wireless	12519
9-1-1 government assistance fund as specified in sections ~~5507.53~~	12520
128.53 and ~~5507.55~~128.55 of the Revised Code. ~~The coordinator~~	12521
~~shall carry out the coordinator's duties under this chapter. The~~	12522
~~chairperson may establish additional duties of the coordinator~~	12523
~~based on a list of recommended duties submitted by the Ohio 9-1-1~~	12524
~~council pursuant to section 5507.65 of the Revised Code. The~~	12525
~~chairperson may assign one or more commission employees to assist~~	12526
~~the coordinator in carrying out the coordinator's duties.~~	12527

~~Sec. 5507.42.~~ Sec. 128.42. (A) There is hereby imposed a wireless	12528
9-1-1 charge of twenty-five cents per month as follows:	12529

(1) On each wireless telephone number of a wireless service	12530
subscriber who has a billing address in this state. The subscriber	12531
shall pay the wireless 9-1-1 charge for each such wireless	12532
telephone number assigned to the subscriber. Each wireless service	12533
provider and each reseller shall collect the wireless 9-1-1 charge	12534
as a specific line item on each subscriber's monthly bill. The	12535
line item shall be expressly designated "State/Local Wireless-E911	12536
Costs ($0.25/billed number)." If a provider bills a subscriber for	12537
any wireless enhanced 9-1-1 costs that the provider may incur, the	12538
charge or amount is not to appear in the same line item as the	12539
state/local line item. If the charge or amount is to appear in its	12540
own, separate line item on the bill, the charge or amount shall be	12541
expressly designated "[Name of Provider] Federal Wireless-E911	12542
Costs."	12543

(2)(a) Prior to January 1, 2014, on each subscriber of	12544
prepaid wireless service. A wireless service provider or reseller	12545
shall collect the wireless 9-1-1 charge in either of the following	12546
manners:	12547

(i) If the subscriber has a positive account balance on the	12548
last day of the month and has used the service during that month,	12549
by reducing that balance not later than the end of the first week	12550
of the following month by twenty-five cents or an equivalent	12551
number of airtime minutes;	12552

(ii) By dividing the total earned prepaid wireless telephone	12553
revenue from sales within this state received by the wireless	12554
service provider or reseller during the month by fifty,	12555
multiplying the quotient by twenty-five cents.	12556

(b) Amounts collected under division (A)(2) of this section	12557
shall be remitted pursuant to division (A)(1) of section ~~5507.46~~	12558
128.46 of the Revised Code.	12559

The wireless 9-1-1 charges authorized under this section	12560
shall not be imposed on a subscriber of wireless lifeline service	12561
or a provider of that service.	12562

(B) Beginning January 1, 2014:

12563

(1) There is hereby imposed, on each retail sale of a prepaid	12564
wireless calling service occurring in this state, a wireless 9-1-1	12565
charge of five-tenths of one per cent of the sale price.	12566

(2) For purposes of division (B)(1) of this section, a retail	12567
sale occurs in this state if it is effected by the consumer	12568
appearing in person at a seller's business location in this state,	12569
or if the sale is sourced to this state under division (E)(3) of	12570
section 5739.034 of the Revised Code, except that under that	12571
division, in lieu of sourcing a sale under division (C)(5) of	12572
section 5739.033 of the Revised Code, the seller, rather than the	12573
service provider, may elect to source the sale to the location	12574
associated with the mobile telephone number.	12575

(3)(a) Except as provided in division (B)(4)(c) of this	12576
section, the seller of the prepaid wireless calling service shall	12577
collect the charge from the consumer at the time of each retail	12578
sale and disclose the amount of the charge to the consumer at the	12579
time of the sale by itemizing the charge on the receipt, invoice,	12580
or similar form of written documentation provided to the consumer.	12581

(b) The seller shall comply with the reporting and remittance	12582
requirements under section ~~5507.46~~128.46 of the Revised Code.	12583

(4) When a prepaid wireless calling service is sold with one	12584
or more other products or services for a single, nonitemized	12585
price, the wireless 9-1-1 charge imposed under division (B)(1) of	12586
this section shall apply to the entire nonitemized price, except	12587
as provided in divisions (B)(4)(a) to (c) of this section.	12588

(a) If the amount of the prepaid wireless calling service is	12589
disclosed to the consumer as a dollar amount, the seller may elect	12590
to apply the charge only to that dollar amount.	12591

(b) If the seller can identify the portion of the nonitemized	12592
price that is attributable to the prepaid wireless calling	12593
service, by reasonable and verifiable standards from the seller's	12594
books and records that are kept in the regular course of business	12595
for other purposes, including nontax purposes, the seller may	12596
elect to apply the charge only to that portion.	12597

(c) If a minimal amount of a prepaid wireless calling service	12598
is sold with a prepaid wireless calling device for the single,	12599
nonitemized price, the seller may elect not to collect the charge.	12600
As used in this division, "minimal" means either ten minutes or	12601
less or five dollars or less.	12602

(C) The wireless 9-1-1 charges shall be exempt from state or	12603
local taxation.	12604

~~Sec. 5507.44.~~ Sec. 128.44. Beginning January 1, 2014, the tax	12605
commissioner shall provide notice to all known wireless service	12606
providers, resellers, and sellers of prepaid wireless calling	12607
services of any increase or decrease in either of the wireless	12608
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	12609
Code. Each notice shall be provided not less than thirty days	12610
before the effective date of the increase or decrease.	12611

~~Sec. 5507.46.~~ Sec. 128.46. (A) Prior to January 1, 2014:

12612

(1) A wireless service provider or reseller, not later than	12613
the last day of each month, shall remit the full amount of all	12614
wireless 9-1-1 charges it collected under division (A) of section	12615
~~5507.42~~128.42 of the Revised Code for the second preceding	12616
calendar month to the ~~Ohio 9-1-1 coordinator~~administrator, with	12617
the exception of charges equivalent to the amount authorized as a	12618
billing and collection fee under division (A)(2) of this section.	12619
In doing so, the provider or reseller may remit the requisite	12620
amount in any reasonable manner consistent with its existing	12621
operating or technological capabilities, such as by customer	12622
address, location associated with the wireless telephone number,	12623
or another allocation method based on comparable, relevant data.	12624
If the wireless service provider or reseller receives a partial	12625
payment for a bill from a wireless service subscriber, the	12626
wireless service provider or reseller shall apply the payment	12627
first against the amount the subscriber owes the wireless service	12628
provider or reseller and shall remit to the ~~coordinator~~	12629
administrator such lesser amount, if any, as results from that	12630
invoice.	12631

(2) A wireless service provider or reseller may retain as a	12632
billing and collection fee two per cent of the total wireless	12633
9-1-1 charges it collects in a month and shall account to the	12634
~~coordinator~~administrator for the amount retained.	12635

(3) The ~~coordinator~~administrator shall return to, or credit	12636
against the next month's remittance of, a wireless service	12637
provider or reseller the amount of any remittances the ~~coordinator~~	12638
administrator determines were erroneously submitted by the	12639
provider or reseller.	12640

(B) Beginning January 1, 2014:

12641

(1) Each seller of a prepaid wireless calling service,	12642
wireless service provider, and reseller shall, on or before the	12643
twenty-third day of each month, except as provided in divisions	12644
(B)(2) and (3) of this section, do both of the following:	12645

(a) Make and file a return for the preceding month, in the	12646
form prescribed by the tax commissioner, showing the amount of the	12647
wireless 9-1-1 charges due under section ~~5507.42~~128.42 of the	12648
Revised Code for that month;	12649

(b) Remit the full amount due, as shown on the return, with	12650
the exception of charges equivalent to the amount authorized as a	12651
collection fee under division (B)(4) of this section.	12652

(2) The commissioner may grant one or more thirty-day	12653
extensions for making and filing returns and remitting amounts	12654
due.	12655

(3) If a seller is required to collect prepaid wireless 9-1-1	12656
charges in amounts that do not merit monthly returns, the	12657
commissioner may authorize the seller to make and file returns	12658
less frequently. The commissioner shall ascertain whether this	12659
authorization is warranted upon the basis of administrative costs	12660
to the state.	12661

(4) A wireless service provider, reseller, and seller may	12662
each retain as a collection fee three per cent of the total	12663
wireless 9-1-1 charges required to be collected under section	12664
~~5507.42~~128.42 of the Revised Code, and shall account to the tax	12665
commissioner for the amount retained.	12666

(5) The return required under division (B)(1)(a) of this	12667
section shall be filed electronically using the Ohio business	12668
gateway, as defined in section 718.051 of the Revised Code, the	12669
Ohio telefile system, or any other electronic means prescribed by	12670
the tax commissioner. Remittance of the amount due shall be made	12671
electronically in a manner approved by the commissioner. A	12672
wireless service provider, reseller, or seller may apply to the	12673
commissioner on a form prescribed by the commissioner to be	12674
excused from either electronic requirement of this division. For	12675
good cause shown, the commissioner may excuse the provider,	12676
reseller, or seller from either or both of the requirements and	12677
may permit the provider, reseller, or seller to file returns or	12678
make remittances by nonelectronic means.	12679

(C)(1) Prior to January 1, 2014, each subscriber on which a	12680
wireless 9-1-1 charge is imposed under division (A) of section	12681
~~5507.42~~128.42 of the Revised Code is liable to the state for the	12682
amount of the charge. If a wireless service provider or reseller	12683
fails to collect the charge under that division from a subscriber	12684
of prepaid wireless service, or fails to bill any other subscriber	12685
for the charge, the wireless service provider or reseller is	12686
liable to the state for the amount not collected or billed. If a	12687
wireless service provider or reseller collects charges under that	12688
division and fails to remit the money to the ~~coordinator~~	12689
administrator, the wireless service provider or reseller is liable	12690
to the state for any amount collected and not remitted.	12691

(2) Beginning January 1, 2014:

12692

(a) Each subscriber or consumer on which a wireless 9-1-1	12693
charge is imposed under section ~~5507.42~~128.42 of the Revised Code	12694
is liable to the state for the amount of the charge. If a wireless	12695
service provider or reseller fails to bill or collect the charge,	12696
or if a seller fails to collect the charge, the provider,	12697
reseller, or seller is liable to the state for the amount not	12698
billed or collected. If a provider, reseller, or seller fails to	12699
remit money to the tax commissioner as required under this	12700
section, the provider, reseller, or seller is liable to the state	12701
for the amount not remitted, regardless of whether the amount was	12702
collected.	12703

(b) No provider of a prepaid wireless calling service shall	12704
be liable to the state for any wireless 9-1-1 charge imposed under	12705
division (B)(1) of section ~~5507.42~~128.42 of the Revised Code that	12706
was not collected or remitted.	12707

(D) Prior to January 1, 2014:

12708

(1) If the ~~public utilities commission~~steering committee has	12709
reason to believe that a wireless service provider or reseller has	12710
failed to bill, collect, or remit the wireless 9-1-1 charge as	12711
required by divisions (A)(1) and (C)(1) of this section or has	12712
retained more than the amount authorized under division (A)(2) of	12713
this section, and after written notice to the provider or	12714
reseller, the ~~commission~~steering committee may audit the	12715
provider or reseller for the sole purpose of making such a	12716
determination. The audit may include, but is not limited to, a	12717
sample of the provider's or reseller's billings, collections,	12718
remittances, or retentions for a representative period, and the	12719
~~commission~~steering committee shall make a good faith effort to	12720
reach agreement with the provider or reseller in selecting that	12721
sample.	12722

(2) Upon written notice to the wireless service provider or	12723
reseller, the ~~commission~~steering committee, by order after	12724
completion of the audit, may make an assessment against the	12725
provider or reseller if, pursuant to the audit, the ~~commission~~	12726
steering committee determines that the provider or reseller has	12727
failed to bill, collect, or remit the wireless 9-1-1 charge as	12728
required by divisions (A)(1) and (C)(1) of this section or has	12729
retained more than the amount authorized under division (A)(2) of	12730
this section. The assessment shall be in the amount of any	12731
remittance that was due and unpaid on the date notice of the audit	12732
was sent by the ~~commission~~steering committee to the provider or	12733
reseller or, as applicable, in the amount of the excess amount	12734
under division (A)(2) of this section retained by the provider or	12735
reseller as of that date.	12736

(3) The portion of any assessment not paid within sixty days	12737
after the date of service by the ~~commission~~steering committee of	12738
the assessment notice under division (D)(2) of this section shall	12739
bear interest from that date until paid at the rate per annum	12740
prescribed by section 5703.47 of the Revised Code. That interest	12741
may be collected by making an assessment under division (D)(2) of	12742
this section. An assessment under this division and any interest	12743
due shall be remitted in the same manner as the wireless 9-1-1	12744
charge imposed under division (A) of section ~~5507.42~~128.42 of the	12745
Revised Code.	12746

(4) ~~An assessment is final and due and payable and shall be~~	12747
~~remitted to the commission unless the assessed party petitions for~~	12748
~~rehearing under section 4903.10 of the Revised Code. The~~	12749
~~proceedings of the commission specified in division (D)(4) of this~~	12750
~~section are subject to and governed by Chapter 4903. of the~~	12751
~~Revised Code, except that the court of appeals of Franklin county~~	12752
~~has exclusive, original jurisdiction to review, modify, or vacate~~	12753
~~an order of the commission under division (D)(2) of this section.~~	12754
~~The court shall hear and determine such appeal in the same manner~~	12755
~~and under the same standards as the Ohio supreme court hears and~~	12756
~~determines appeals under Chapter 4903. of the Revised Code.~~	12757

~~The judgment of the court of appeals is final and conclusive~~	12758
~~unless reversed, vacated, or modified on appeal. Such an appeal~~	12759
~~may be made by the commission or the person to whom the order~~	12760
~~under division (D)(2) of this section was issued and shall proceed~~	12761
~~as in the case of appeals in civil actions as provided in Chapter~~	12762
~~2505. of the Revised Code.~~Unless the provider, reseller, or	12763
seller assessed files with the steering committee within sixty	12764
days after service of the notice of assessment, either personally	12765
or by certified mail, a written petition for reassessment, signed	12766
by the party assessed or that party's authorized agent having	12767
knowledge of the facts, the assessment shall become final and the	12768
amount of the assessment shall be due and payable from the party	12769
assessed to the administrator. The petition shall indicate the	12770
objections of the party assessed, but additional objections may be	12771
raised in writing if received by the administrator or the steering	12772
committee prior to the date shown on the final determination.	12773

(5) After an assessment becomes final, if any portion of the	12774
assessment remains unpaid, including accrued interest, a certified	12775
copy of the ~~commission's entry making the assessment~~ final	12776
assessment may be filed in the office of the clerk of the court of	12777
common pleas in the county in which the place of business of the	12778
assessed party is located. If the party assessed maintains no	12779
place of business in this state, the certified copy of the ~~entry~~	12780
final assessment may be filed in the office of the clerk of the	12781
court of common pleas of Franklin county. Immediately upon the	12782
filing, the clerk shall enter a judgment for the state against the	12783
assessed party in the amount shown on the ~~entry~~final assessment.	12784
The judgment may be filed by the clerk in a loose-leaf book	12785
entitled "special judgments for wireless 9-1-1 charges" and shall	12786
have the same effect as other judgments. The judgment shall be	12787
executed upon the request of the ~~commission~~steering committee.	12788

(6) An assessment under this division does not discharge a	12789
subscriber's liability to reimburse the provider or reseller for	12790
the wireless 9-1-1 charge imposed under division (A) of section	12791
~~5507.42~~128.42 of the Revised Code. If, after the date of service	12792
of the audit notice under division (D)(1) of this section, a	12793
subscriber pays a wireless 9-1-1 charge for the period covered by	12794
the assessment, the payment shall be credited against the	12795
assessment.	12796

(7) All money collected by the ~~commission~~administrator under	12797
division (D) of this section shall be paid to the treasurer of	12798
state, for deposit to the credit of the wireless 9-1-1 government	12799
assistance fund.	12800

(E) Beginning January 1, 2014:

12801

(1) If the tax commissioner has reason to believe that a	12802
wireless service provider, reseller, or seller has failed to bill,	12803
collect, or remit the wireless 9-1-1 charge as required by this	12804
section and section ~~5507.42~~128.42 of the Revised Code or has	12805
retained more than the amount authorized under division (B)(4) of	12806
this section, and after written notice to the provider, reseller,	12807
or seller, the tax commissioner may audit the provider, reseller,	12808
or seller for the sole purpose of making such a determination. The	12809
audit may include, but is not limited to, a sample of the	12810
provider's, reseller's, or seller's billings, collections,	12811
remittances, or retentions for a representative period, and the	12812
tax commissioner shall make a good faith effort to reach agreement	12813
with the provider, reseller, or seller in selecting that sample.	12814

(2) Upon written notice to the wireless service provider,	12815
reseller, or seller, the tax commissioner, after completion of the	12816
audit, may make an assessment against the provider, reseller, or	12817
seller if, pursuant to the audit, the tax commissioner determines	12818
that the provider, reseller, or seller has failed to bill,	12819
collect, or remit the wireless 9-1-1 charge as required by this	12820
section and section ~~5507.42~~128.42 of the Revised Code or has	12821
retained more than the amount authorized under division (B)(4) of	12822
this section. The assessment shall be in the amount of any	12823
remittance that was due and unpaid on the date notice of the audit	12824
was sent by the tax commissioner to the provider, reseller, or	12825
seller or, as applicable, in the amount of the excess amount under	12826
division (B)(4) of this section retained by the provider,	12827
reseller, or seller as of that date.	12828

(3) The portion of any assessment consisting of wireless	12829
9-1-1 charges due and not paid within sixty days after the date of	12830
~~service by the tax commissioner of~~that the assessment ~~notice~~was	12831
made under division (E)(2) of this section shall bear interest	12832
from that date until paid at the rate per annum prescribed by	12833
section 5703.47 of the Revised Code. That interest may be	12834
collected by making an assessment under division (E)(2) of this	12835
section. ~~An assessment under this division and any interest due~~	12836
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	12837
~~imposed under section 5507.42 of the Revised Code.~~	12838

(4) ~~The portion of the assessment not paid within sixty days~~	12839
~~after the day the assessment was issued shall bear interest at the~~	12840
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	12841
~~from the day the commissioner issues the assessment until it is~~	12842
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	12843
~~charges and may be collected by the issuance of an assessment~~	12844
~~under division (E) of this section.~~	12845

~~(5)~~ Unless the provider, reseller, or seller assessed files	12846
with the tax commissioner within sixty days after service of the	12847
notice of assessment, either personally or by certified mail, a	12848
written petition for reassessment, signed by the party assessed or	12849
that party's authorized agent having knowledge of the facts, the	12850
assessment shall become final and the amount of the assessment	12851
shall be due and payable from the party assessed to the treasurer	12852
of state, for deposit to the next generation 9-1-1 fund, which is	12853
created under section ~~5507.54~~128.54 of the Revised Code. The	12854
petition shall indicate the objections of the party assessed, but	12855
additional objections may be raised in writing if received by the	12856
commissioner prior to the date shown on the final determination.	12857
If the petition has been properly filed, the commissioner shall	12858
proceed under section 5703.60 of the Revised Code.	12859

~~(6)~~(5) After an assessment becomes final, if any portion of	12860
the assessment remains unpaid, including accrued interest, a	12861
certified copy of the final assessment may be filed in the office	12862
of the clerk of the court of common pleas in the county in which	12863
the business of the assessed party is conducted. If the party	12864
assessed maintains no place of business in this state, the	12865
certified copy of the final assessment may be filed in the office	12866
of the clerk of the court of common pleas of Franklin county.	12867
Immediately upon the filing, the clerk shall enter a judgment for	12868
the state against the assessed party in the amount shown on the	12869
final assessment. The judgment may be filed by the clerk in a	12870
loose-leaf book entitled "special judgments for wireless 9-1-1	12871
charges" and shall have the same effect as other judgments. The	12872
judgment shall be executed upon the request of the tax	12873
commissioner.	12874

~~(7)~~(6) If the commissioner determines that the commissioner	12875
erroneously has refunded a wireless 9-1-1 charge to any person,	12876
the commissioner may make an assessment against that person for	12877
recovery of the erroneously refunded charge.	12878

~~(8)~~(7) An assessment under division (E) of this section does	12879
not discharge a subscriber's or consumer's liability to reimburse	12880
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	12881
after the date of service of the audit notice under division	12882
(E)(1) of this section, a subscriber or consumer pays a wireless	12883
9-1-1 charge for the period covered by the assessment, the payment	12884
shall be credited against the assessment.	12885

~~Sec. 5507.52.~~ Sec. 128.52. (A) Beginning on July 1, 2013, each	12886
seller of a prepaid wireless calling service required to collect	12887
prepaid wireless 9-1-1 charges under division (B) of section	12888
~~5507.42~~128.42 of the Revised Code shall also be subject to the	12889
provisions of Chapter 5739. of the Revised Code regarding the	12890
excise tax on retail sales levied under section 5739.02 of the	12891
Revised Code, as those provisions apply to audits, assessments,	12892
appeals, enforcement, liability, and penalties.	12893

(B) The tax commissioner shall establish procedures by which	12894
a person may document that a sale is not a retail sale of a	12895
prepaid wireless calling service. The procedures shall	12896
substantially coincide with similar procedures under Chapter 5739.	12897
of the Revised Code.	12898

~~Sec. 5507.53.~~ Sec. 128.53. (A) There is hereby created the	12899
wireless 9-1-1 administrative fund in the state treasury. A	12900
~~sufficient percentage, determined by the chairperson of the public~~	12901
~~utilities commission but not to exceed two~~Two per cent, of the	12902
periodic remittances of the wireless 9-1-1 charges under section	12903
~~5507.46~~128.46 of the Revised Code shall be deposited to the	12904
credit of the fund, to be used by the ~~commission~~steering	12905
committee to cover such nonpayroll costs and, at the discretion of	12906
the ~~commission~~steering committee such payroll costs, of the	12907
~~commission~~steering committee as are incurred in ~~assisting the~~	12908
~~coordinator in~~ carrying out ~~sections 5507.40 to 5507.66 of the~~	12909
~~Revised Code and in conducting audits under division (D) of~~	12910
~~section 5507.46 of the Revised Code. In addition, the compensation~~	12911
~~of the Ohio 9-1-1 coordinator, and any expenses of the coordinator~~	12912
~~in carrying out those sections, shall be paid from the fund~~this	12913
chapter.	12914

(B) There is hereby created the wireless 9-1-1 government	12915
assistance fund, which shall be in the custody of the treasurer of	12916
state but shall not be part of the state treasury. The periodic	12917
remittances of the wireless 9-1-1 charges under section ~~5507.46~~	12918
128.46 of the Revised Code, remaining after the deposit required	12919
by division (A) of this section, shall be deposited to the credit	12920
of the wireless 9-1-1 government assistance fund. The treasurer of	12921
state shall deposit or invest the moneys in this fund in	12922
accordance with Chapter 135. of the Revised Code and any other	12923
provision of law governing public moneys of the state as defined	12924
in section 135.01 of the Revised Code. The treasurer of state	12925
shall credit the interest earned to the fund. The treasurer of	12926
state shall disburse money from the fund solely upon order of the	12927
~~coordinator~~steering committee as authorized under division (A) of	12928
section ~~5507.55~~128.55 of the Revised Code. Annually, unless the	12929
fund is depleted, the treasurer of state shall certify to the	12930
~~coordinator~~steering committee the amount of moneys in the	12931
treasurer of state's custody belonging to the fund.	12932

(C) The ~~commission~~steering committee shall transfer the	12933
funds remaining in the wireless 9-1-1 government assistance fund	12934
after the disbursements made under division (A) of section ~~5507.55~~	12935
128.55 of the Revised Code to the credit of the next generation	12936
9-1-1 fund, created in section ~~5507.54~~128.54 of the Revised	12937
Code.	12938

~~Sec. 5507.54.~~ Sec. 128.54. (A) Beginning January 1, 2014:

12939

(1) The periodic remittances of the wireless 9-1-1 charges	12940
under section ~~5507.46~~128.46 of the Revised Code shall be paid to	12941
the treasurer of state for deposit as follows:	12942

(a) ~~Ninety-eight~~Ninety-seven per cent to the wireless 9-1-1	12943
government assistance fund, which is hereby created in the custody	12944
of the treasurer of state but which shall not be a part of the	12945
state treasury. The treasurer of state shall deposit or invest the	12946
moneys in this fund in accordance with Chapter 135. of the Revised	12947
Code and any other provision of law governing public moneys of the	12948
state as defined in section 135.01 of the Revised Code. The	12949
treasurer of state shall credit the interest earned to the fund.	12950
The treasurer of state shall disburse money from the fund solely	12951
upon order of the tax commissioner according to policies	12952
established by the ~~statewide emergency services internet protocol~~	12953
~~network~~ steering committee as authorized under section ~~5507.021~~	12954
128.021 of the Revised Code. Annually, until the fund is depleted,	12955
the treasurer of state shall certify to the commissioner the	12956
amount of moneys in the treasurer of state's custody belonging to	12957
the fund.	12958

(b) One per cent to the wireless 9-1-1 administrative fund,	12959
which is hereby created in the state treasury. The treasurer of	12960
state shall credit the interest earned to the fund.	12961

(c) ~~One~~Two per cent to the ~~wireless~~ 9-1-1 ~~public safety~~	12962
~~administrative~~program fund, which is hereby created in the state	12963
treasury. The treasurer of state shall credit the interest earned	12964
to the fund.	12965

(2) The tax commissioner shall use the remittances in the	12966
wireless 9-1-1 administrative fund to defray the costs in carrying	12967
out this chapter.	12968

(3) The ~~director of public safety~~steering committee shall	12969
use the remittances in the ~~wireless~~ 9-1-1 ~~public safety~~	12970
~~administrative~~program fund to defray the costs incurred by the	12971
~~department~~steering committee in carrying out this chapter.	12972

(4) Annually, the tax commissioner and the ~~director of public~~	12973
~~safety~~steering committee, after paying administrative costs under	12974
~~division (B) of~~ this section, shall transfer any excess remaining	12975
in the administrative funds to the next generation 9-1-1 fund,	12976
created under this section.	12977

(B)(1) There is hereby created the next generation 9-1-1	12978
fund, which shall be in the custody of the treasurer but shall not	12979
be a part of the state treasury.	12980

(2) Beginning on January 1, 2014, the tax commissioner shall	12981
transfer the funds remaining in the wireless 9-1-1 government	12982
assistance fund after the disbursements made under division (B)(1)	12983
of section ~~5507.55~~128.55 of the Revised Code to the credit of the	12984
next generation 9-1-1 fund.	12985

(3) The treasurer of state shall deposit or invest the moneys	12986
in the next generation 9-1-1 fund in accordance with Chapter 135.	12987
of the Revised Code and any other provision of law governing	12988
public moneys of the state as defined in section 135.01 of the	12989
Revised Code. The treasurer of state shall credit the interest	12990
earned to the fund. The treasurer of state shall disburse money	12991
from the fund solely upon order of the tax commissioner according	12992
to policies established by the ~~statewide emergency services~~	12993
~~internet protocol network~~ steering committee as authorized under	12994
section ~~5507.021~~128.021 of the Revised Code. Annually, until the	12995
fund is depleted, the treasurer of state shall certify to the	12996
commissioner the amount of moneys in the treasurer of state's	12997
custody belonging to the fund.	12998

~~Sec. 5507.55.~~ Sec. 128.55. (A) Prior to January 1, 2014, the ~~public~~	12999
~~utilities commission~~steering committee shall disburse moneys from	13000
the wireless 9-1-1 government assistance fund to each county in	13001
the same manner as the 2012 disbursements, in accordance with	13002
divisions (A) and (B) of section 4931.64 of the Revised Code as	13003
those divisions existed prior to the effective date of H.B. 360 of	13004
the 129th general assembly, December 20, 2012.	13005

(B) Beginning January 1, 2014:

13006

(1) The tax commissioner, not later than the last day of each	13007
month, shall disburse moneys from the wireless 9-1-1 government	13008
assistance fund to each county in the same manner as the 2012	13009
disbursements, in accordance with divisions (A) and (B) of section	13010
4931.64 of the Revised Code as those divisions existed prior to	13011
the effective date of H.B. 360 of the 129th general assembly,	13012
December 20, 2012.	13013

(2) The tax commissioner shall disburse moneys from the next	13014
generation 9-1-1 fund in accordance with the guidelines	13015
established under section ~~5507.022~~128.022 of the Revised Code.	13016

(C) Immediately upon receipt by a county treasurer of a	13017
disbursement under division (A) or (B)(1) of this section, the	13018
county shall disburse, in accordance with the allocation formula	13019
set forth in the final plan, the amount the county so received to	13020
any other subdivisions in the county and any regional councils of	13021
governments in the county that pay the costs of a public safety	13022
answering point providing wireless enhanced 9-1-1 under the plan.	13023

(D) Nothing in this chapter affects the authority of a	13024
subdivision operating or served by a public safety answering point	13025
of a 9-1-1 system or a regional council of governments operating a	13026
public safety answering point of a 9-1-1 system to use, as	13027
provided in the final plan for the system or in an agreement under	13028
section ~~5507.09~~128.09 of the Revised Code, any other authorized	13029
revenue of the subdivision or the regional council of governments	13030
for the purposes of providing basic or enhanced 9-1-1.	13031

~~Sec. 5507.57.~~ Sec. 128.57. Except as otherwise provided in section	13032
~~5507.571~~128.571 of the Revised Code:	13033

(A) A countywide 9-1-1 system receiving a disbursement under	13034
section ~~5507.55~~128.55 of the Revised Code shall provide	13035
countywide wireless enhanced 9-1-1 in accordance with this chapter	13036
beginning as soon as reasonably possible after receipt of the	13037
first disbursement or, if that service is already implemented,	13038
shall continue to provide such service. Except as provided in	13039
divisions (B), (C), and (E) of this section, a disbursement shall	13040
be used solely for the purpose of paying either or both of the	13041
following:	13042

(1) Any costs of designing, upgrading, purchasing, leasing,	13043
programming, installing, testing, or maintaining the necessary	13044
data, hardware, software, and trunking required for the public	13045
safety answering point or points of the 9-1-1 system to provide	13046
wireless enhanced 9-1-1, which costs are incurred before or on or	13047
after May 6, 2005, and consist of such additional costs of the	13048
9-1-1 system over and above any costs incurred to provide wireline	13049
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,	13050
up to twenty-five thousand dollars of the disbursements received	13051
on or after January 1, 2009, may be applied to data, hardware, and	13052
software that automatically alerts personnel receiving a 9-1-1	13053
call that a person at the subscriber's address or telephone number	13054
may have a mental or physical disability, of which that personnel	13055
shall inform the appropriate emergency service provider. On or	13056
after the provision of technical and operational standards	13057
pursuant to ~~division (D)(1) of~~ section ~~5507.65~~128.021 of the	13058
Revised Code, a regional council of governments operating a public	13059
safety answering point or a subdivision shall consider the	13060
standards before incurring any costs described in this division.	13061

(2) Any costs of training the staff of the public safety	13062
answering point or points to provide wireless enhanced 9-1-1,	13063
which costs are incurred before or on or after May 6, 2005.	13064

(B) A subdivision or a regional council of governments that	13065
certifies to the ~~department of public safety~~steering committee	13066
that it has paid the costs described in divisions (A)(1) and (2)	13067
of this section and is providing countywide wireless enhanced	13068
9-1-1 may use disbursements received under section ~~5507.55~~128.55	13069
of the Revised Code to pay any of its personnel costs of one or	13070
more public safety answering points providing countywide wireless	13071
enhanced 9-1-1.	13072

(C) After receiving its July 2013 disbursement under division	13073
(A) of section ~~5507.55~~128.55 of the Revised Code, a regional	13074
council of governments operating a public safety answering point	13075
or a subdivision may use any remaining balance of disbursements it	13076
received under that division to pay any of its costs of providing	13077
countywide wireless 9-1-1, including the personnel costs of one or	13078
more public safety answering points providing that service.	13079

(D) The costs described in divisions (A), (B), (C), and (E)	13080
of this section may include any such costs payable pursuant to an	13081
agreement under division (J) of section ~~5507.03~~128.03 of the	13082
Revised Code.	13083

(E)(1) No disbursement to a countywide 9-1-1 system for costs	13084
of a public safety answering point shall be made from the wireless	13085
9-1-1 government assistance fund or the next generation 9-1-1 fund	13086
unless the public safety answering point meets the standards set	13087
by rule of the ~~statewide emergency services internet protocol~~	13088
~~network~~ steering committee under section ~~5507.021~~128.021 of the	13089
Revised Code.	13090

(2) The ~~department of public safety~~steering committee shall	13091
monitor compliance with the standards ~~set by the steering~~	13092
~~committee. The department~~and shall notify the tax commissioner to	13093
suspend disbursements to a countywide 9-1-1 system that fails to	13094
meet the standards. Upon receipt of this notification, the	13095
commissioner shall suspend disbursements until the commissioner is	13096
notified of compliance with the standards.	13097

(F) The auditor of state may audit and review each county's	13098
expenditures of funds received from the wireless 9-1-1 government	13099
assistance fund to verify that the funds were used in accordance	13100
with the requirements of this chapter.	13101

~~Sec. 5507.571.~~ Sec. 128.571. (A) Payment of costs specified in	13102
divisions (A) to (D) of section ~~5507.57~~128.57 of the Revised Code	13103
from a disbursement under section ~~5507.55~~128.55 of the Revised	13104
Code shall be limited to those specified and payable costs	13105
incurred for a specified number of public safety answering points	13106
of the particular 9-1-1 system as follows:	13107

(1) For the period beginning on March 1, 2009, and ending on	13108
December 31, 2015, a countywide 9-1-1 system may use disbursements	13109
for not more than five public safety answering points per calendar	13110
year.	13111

(2) Except as provided in division (B) of this section:

13112

(a) For the period beginning on January 1, 2016, and ending	13113
on December 31, 2017, a countywide 9-1-1 system may use	13114
disbursements for not more than four public safety answering	13115
points per calendar year.	13116

(b) For the period beginning on January 1, 2018, and	13117
thereafter a countywide 9-1-1 system may use disbursements for not	13118
more than three public safety answering points per calendar year.	13119

(B) If within a county there is a municipal corporation with	13120
a population of over ~~175,000~~one hundred seventy-five thousand	13121
according to the most recent federal decennial census, that county	13122
may use disbursements for one public safety answering point in	13123
addition to the number of public safety answering points allowed	13124
under division (A)(2) of this section.	13125

(C) If a county exceeds the allowable number of public safety	13126
answering points under this section, disbursements to countywide	13127
9-1-1 systems made to the county from the wireless 9-1-1	13128
government assistance fund and the next generation 9-1-1 fund	13129
shall be reduced by fifty per cent until the county complies with	13130
the public safety answering point limitations established under	13131
this section.	13132

~~Sec. 5507.60.~~ Sec. 128.60. (A)(1) A telephone company, the state	13133
highway patrol as described in division (J) of section ~~5507.03~~	13134
128.03 of the Revised Code, and each subdivision or regional	13135
council of governments operating one or more public safety	13136
answering points for a countywide system providing wireless 9-1-1,	13137
shall provide the ~~director of public safety~~steering committee and	13138
the tax commissioner with such information as the ~~director~~	13139
steering committee and tax commissioner request for the purposes	13140
of carrying out their duties under this chapter, including, but	13141
not limited to, duties regarding the collection of the wireless	13142
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	13143
Code.	13144

(2) A wireless service provider shall provide an official,	13145
employee, agent, or representative of a subdivision or regional	13146
council of governments operating a public safety answering point,	13147
or of the state highway patrol as described in division (J) of	13148
section ~~5507.03~~128.03 of the Revised Code, with such technical,	13149
service, and location information as the official, employee,	13150
agent, or representative requests for the purpose of providing	13151
wireless 9-1-1.	13152

(3) A subdivision or regional council of governments	13153
operating one or more public safety answering points of a 9-1-1	13154
system, and a telephone company, shall provide to the ~~Ohio 9-1-1~~	13155
~~council~~steering committee such information as the ~~council~~	13156
steering committee requires for the purpose of carrying out its	13157
duties under ~~division (D) of section 5507.65~~Chapter 128. of the	13158
Revised Code.	13159

(B)(1) Any information provided under division (A) of this	13160
section that consists of trade secrets as defined in section	13161
1333.61 of the Revised Code or of information regarding the	13162
customers, revenues, expenses, or network information of a	13163
telephone company shall be confidential and does not constitute a	13164
public record for the purpose of section 149.43 of the Revised	13165
Code.	13166

(2) The ~~director~~steering committee, tax commissioner, and	13167
any official, employee, agent, or representative of the ~~director~~	13168
steering committee, of the tax commissioner, of the state highway	13169
patrol as described in division (J) of section ~~5507.03~~128.03 of	13170
the Revised Code, or of a subdivision or regional council of	13171
governments operating a public safety answering point, while	13172
acting or claiming to act in the capacity of the ~~director~~steering	13173
committee or tax commissioner or such official, employee, agent,	13174
or representative, shall not disclose any information provided	13175
under division (A) of this section regarding a telephone company's	13176
customers, revenues, expenses, or network information. Nothing in	13177
division (B)(2) of this section precludes any such information	13178
from being aggregated and included in any report ~~required under~~	13179
~~division (D) of section 5507.66 of the Revised Code~~of the	13180
steering committee, tax commissioner, or any official, employee,	13181
agent, or representative of the steering committee or tax	13182
commissioner, provided the aggregated information does not	13183
identify the number of any particular company's customers or the	13184
amount of its revenues or expenses or identify a particular	13185
company as to any network information.	13186

~~Sec. 5507.63.~~ Sec. 128.63. (A) The tax commissioner may adopt	13187
rules in accordance with Chapter 119. of the Revised Code to carry	13188
out this chapter, including rules prescribing the necessary	13189
accounting for the collection fee under division (B)(4) of section	13190
~~5507.46~~128.46 of the Revised Code.	13191

(B) The amounts of the wireless 9-1-1 charges shall be	13192
prescribed only by act of the general assembly.	13193

~~Sec. 5507.99.~~ Sec. 128.99. (A) Whoever violates division (E) of	13194
section ~~5507.32~~128.32 of the Revised Code is guilty of a	13195
misdemeanor of the fourth degree.	13196

(B) Whoever violates division (F) or (G) of section ~~5507.32~~	13197
128.32 or division (B)(2) of section ~~5507.60~~128.60 of the Revised	13198
Code is guilty of a misdemeanor of the fourth degree on a first	13199
offense and a felony of the fifth degree on each subsequent	13200
offense.	13201

Sec. 133.01. As used in this chapter, in sections 9.95,	13202
9.96, and 2151.655 of the Revised Code, in other sections of the	13203
Revised Code that make reference to this chapter unless the	13204
context does not permit, and in related proceedings, unless	13205
otherwise expressly provided:	13206

(A) "Acquisition" as applied to real or personal property	13207
includes, among other forms of acquisition, acquisition by	13208
exercise of a purchase option, and acquisition of interests in	13209
property, including, without limitation, easements and	13210
rights-of-way, and leasehold and other lease interests initially	13211
extending or extendable for a period of at least sixty months.	13212

(B) "Anticipatory securities" means securities, including	13213
notes, issued in anticipation of the issuance of other securities.	13214

(C) "Board of elections" means the county board of elections	13215
of the county in which the subdivision is located. If the	13216
subdivision is located in more than one county, "board of	13217
elections" means the county board of elections of the county that	13218
contains the largest portion of the population of the subdivision	13219
or that otherwise has jurisdiction in practice over and	13220
customarily handles election matters relating to the subdivision.	13221

(D) "Bond retirement fund" means the bond retirement fund	13222
provided for in section 5705.09 of the Revised Code, and also	13223
means a sinking fund or any other special fund, regardless of the	13224
name applied to it, established by or pursuant to law or the	13225
proceedings for the payment of debt charges. Provision may be made	13226
in the applicable proceedings for the establishment in a bond	13227
retirement fund of separate accounts relating to debt charges on	13228
particular securities, or on securities payable from the same or	13229
common sources, and for the application of moneys in those	13230
accounts only to specified debt charges on specified securities or	13231
categories of securities. Subject to law and any provisions in the	13232
applicable proceedings, moneys in a bond retirement fund or	13233
separate account in a bond retirement fund may be transferred to	13234
other funds and accounts.	13235

(E) "Capitalized interest" means all or a portion of the	13236
interest payable on securities from their date to a date stated or	13237
provided for in the applicable legislation, which interest is to	13238
be paid from the proceeds of the securities.	13239

(F) "Chapter 133. securities" means securities authorized by	13240
or issued pursuant to or in accordance with this chapter.	13241

(G) "County auditor" means the county auditor of the county	13242
in which the subdivision is located. If the subdivision is located	13243
in more than one county, "county auditor" means the county auditor	13244
of the county that contains the highest amount of the tax	13245
valuation of the subdivision or that otherwise has jurisdiction in	13246
practice over and customarily handles property tax matters	13247
relating to the subdivision. In the case of a county that has	13248
adopted a charter, "county auditor" means the officer who	13249
generally has the duties and functions provided in the Revised	13250
Code for a county auditor.	13251

(H) "Credit enhancement facilities" means letters of credit,	13252
lines of credit, stand-by, contingent, or firm securities purchase	13253
agreements, insurance, or surety arrangements, guarantees, and	13254
other arrangements that provide for direct or contingent payment	13255
of debt charges, for security or additional security in the event	13256
of nonpayment or default in respect of securities, or for making	13257
payment of debt charges to and at the option and on demand of	13258
securities holders or at the option of the issuer or upon certain	13259
conditions occurring under put or similar arrangements, or for	13260
otherwise supporting the credit or liquidity of the securities,	13261
and includes credit, reimbursement, marketing, remarketing,	13262
indexing, carrying, interest rate hedge, and subrogation	13263
agreements, and other agreements and arrangements for payment and	13264
reimbursement of the person providing the credit enhancement	13265
facility and the security for that payment and reimbursement.	13266

(I) "Current operating expenses" or "current expenses" means	13267
the lawful expenditures of a subdivision, except those for	13268
permanent improvements and for payments of debt charges of the	13269
subdivision.	13270

(J) "Debt charges" means the principal, including any	13271
mandatory sinking fund deposits and mandatory redemption payments,	13272
interest, and any redemption premium, payable on securities as	13273
those payments come due and are payable. The use of "debt charges"	13274
for this purpose does not imply that any particular securities	13275
constitute debt within the meaning of the Ohio Constitution or	13276
other laws.	13277

(K) "Financing costs" means all costs and expenses relating	13278
to the authorization, including any required election, issuance,	13279
sale, delivery, authentication, deposit, custody, clearing,	13280
registration, transfer, exchange, fractionalization, replacement,	13281
payment, and servicing of securities, including, without	13282
limitation, costs and expenses for or relating to publication and	13283
printing, postage, delivery, preliminary and final official	13284
statements, offering circulars, and informational statements,	13285
travel and transportation, underwriters, placement agents,	13286
investment bankers, paying agents, registrars, authenticating	13287
agents, remarketing agents, custodians, clearing agencies or	13288
corporations, securities depositories, financial advisory	13289
services, certifications, audits, federal or state regulatory	13290
agencies, accounting and computation services, legal services and	13291
obtaining approving legal opinions and other legal opinions,	13292
credit ratings, redemption premiums, and credit enhancement	13293
facilities. Financing costs may be paid from any moneys available	13294
for the purpose, including, unless otherwise provided in the	13295
proceedings, from the proceeds of the securities to which they	13296
relate and, as to future financing costs, from the same sources	13297
from which debt charges on the securities are paid and as though	13298
debt charges.	13299

(L) "Fiscal officer" means the following, or, in the case of	13300
absence or vacancy in the office, a deputy or assistant authorized	13301
by law or charter to act in the place of the named officer, or if	13302
there is no such authorization then the deputy or assistant	13303
authorized by legislation to act in the place of the named officer	13304
for purposes of this chapter, in the case of the following	13305
subdivisions:	13306

(1) A county, the county auditor;

13307

(2) A municipal corporation, the city auditor or village	13308
clerk or clerk-treasurer, or the officer who, by virtue of a	13309
charter, has the duties and functions provided in the Revised Code	13310
for the city auditor or village clerk or clerk-treasurer;	13311

(3) A school district, the treasurer of the board of	13312
education;	13313

(4) A regional water and sewer district, the secretary of the	13314
board of trustees;	13315

(5) A joint township hospital district, the treasurer of the	13316
district;	13317

(6) A joint ambulance district, the clerk of the board of	13318
trustees;	13319

(7) A joint recreation district, the person designated	13320
pursuant to section 755.15 of the Revised Code;	13321

(8) A detention facility district or a district organized	13322
under section 2151.65 of the Revised Code or a combined district	13323
organized under sections 2152.41 and 2151.65 of the Revised Code,	13324
the county auditor of the county designated by law to act as the	13325
auditor of the district;	13326

(9) A township, a fire district organized under division (C)	13327
of section 505.37 of the Revised Code, or a township police	13328
district, the fiscal officer of the township;	13329

(10) A joint fire district, the clerk of the board of	13330
trustees of that district;	13331

(11) A regional or county library district, the person	13332
responsible for the financial affairs of that district;	13333

(12) A joint solid waste management district, the fiscal	13334
officer appointed by the board of directors of the district under	13335
section 343.01 of the Revised Code;	13336

(13) A joint emergency medical services district, the person	13337
appointed as fiscal officer pursuant to division (D) of section	13338
307.053 of the Revised Code;	13339

(14) A fire and ambulance district, the person appointed as	13340
fiscal officer under division (B) of section 505.375 of the	13341
Revised Code;	13342

(15) A subdivision described in division (MM)~~(18)~~(19) of this	13343
section, the officer who is designated by law as or performs the	13344
functions of its chief fiscal officer;	13345

(16) A joint police district, the treasurer of the district;

13346

(17) A lake facilities authority, the fiscal officer	13347
designated under section 353.02 of the Revised Code.	13348

(M) "Fiscal year" has the same meaning as in section 9.34 of	13349
the Revised Code.	13350

(N) "Fractionalized interests in public obligations" means	13351
participations, certificates of participation, shares, or other	13352
instruments or agreements, separate from the public obligations	13353
themselves, evidencing ownership of interests in public	13354
obligations or of rights to receive payments of, or on account of,	13355
principal or interest or their equivalents payable by or on behalf	13356
of an obligor pursuant to public obligations.	13357

(O) "Fully registered securities" means securities in	13358
certificated or uncertificated form, registered as to both	13359
principal and interest in the name of the owner.	13360

(P) "Fund" means to provide for the payment of debt charges	13361
and expenses related to that payment at or prior to retirement by	13362
purchase, call for redemption, payment at maturity, or otherwise.	13363

(Q) "General obligation" means securities to the payment of	13364
debt charges on which the full faith and credit and the general	13365
property taxing power, including taxes within the tax limitation	13366
if available to the subdivision, of the subdivision are pledged.	13367

(R) "Interest" or "interest equivalent" means those payments	13368
or portions of payments, however denominated, that constitute or	13369
represent consideration for forbearing the collection of money, or	13370
for deferring the receipt of payment of money to a future time.	13371

(S) "Internal Revenue Code" means the "Internal Revenue Code	13372
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	13373
includes any laws of the United States providing for application	13374
of that code.	13375

(T) "Issuer" means any public issuer and any nonprofit	13376
corporation authorized to issue securities for or on behalf of any	13377
public issuer.	13378

(U) "Legislation" means an ordinance or resolution passed by	13379
a majority affirmative vote of the then members of the taxing	13380
authority unless a different vote is required by charter	13381
provisions governing the passage of the particular legislation by	13382
the taxing authority.	13383

(V) "Mandatory sinking fund redemption requirements" means	13384
amounts required by proceedings to be deposited in a bond	13385
retirement fund for the purpose of paying in any year or fiscal	13386
year by mandatory redemption prior to stated maturity the	13387
principal of securities that is due and payable, except for	13388
mandatory prior redemption requirements as provided in those	13389
proceedings, in a subsequent year or fiscal year.	13390

(W) "Mandatory sinking fund requirements" means amounts	13391
required by proceedings to be deposited in a year or fiscal year	13392
in a bond retirement fund for the purpose of paying the principal	13393
of securities that is due and payable in a subsequent year or	13394
fiscal year.	13395

(X) "Net indebtedness" has the same meaning as in division	13396
(A) of section 133.04 of the Revised Code.	13397

(Y) "Obligor," in the case of securities or fractionalized	13398
interests in public obligations issued by another person the debt	13399
charges or their equivalents on which are payable from payments	13400
made by a public issuer, means that public issuer.	13401

(Z) "One purpose" relating to permanent improvements means	13402
any one permanent improvement or group or category of permanent	13403
improvements for the same utility, enterprise, system, or project,	13404
development or redevelopment project, or for or devoted to the	13405
same general purpose, function, or use or for which	13406
self-supporting securities, based on the same or different sources	13407
of revenues, may be issued or for which special assessments may be	13408
levied by a single ordinance or resolution. "One purpose"	13409
includes, but is not limited to, in any case any off-street	13410
parking facilities relating to another permanent improvement, and:	13411

(1) Any number of roads, highways, streets, bridges,	13412
sidewalks, and viaducts;	13413

(2) Any number of off-street parking facilities;

13414

(3) In the case of a county, any number of permanent	13415
improvements for courthouse, jail, county offices, and other	13416
county buildings, and related facilities;	13417

(4) In the case of a school district, any number of	13418
facilities and buildings for school district purposes, and related	13419
facilities.	13420

(AA) "Outstanding," referring to securities, means securities	13421
that have been issued, delivered, and paid for, except any of the	13422
following:	13423

(1) Securities canceled upon surrender, exchange, or	13424
transfer, or upon payment or redemption;	13425

(2) Securities in replacement of which or in exchange for	13426
which other securities have been issued;	13427

(3) Securities for the payment, or redemption or purchase for	13428
cancellation prior to maturity, of which sufficient moneys or	13429
investments, in accordance with the applicable legislation or	13430
other proceedings or any applicable law, by mandatory sinking fund	13431
redemption requirements, mandatory sinking fund requirements, or	13432
otherwise, have been deposited, and credited for the purpose in a	13433
bond retirement fund or with a trustee or paying or escrow agent,	13434
whether at or prior to their maturity or redemption, and, in the	13435
case of securities to be redeemed prior to their stated maturity,	13436
notice of redemption has been given or satisfactory arrangements	13437
have been made for giving notice of that redemption, or waiver of	13438
that notice by or on behalf of the affected security holders has	13439
been filed with the subdivision or its agent for the purpose.	13440

(BB) "Paying agent" means the one or more banks, trust	13441
companies, or other financial institutions or qualified persons,	13442
including an appropriate office or officer of the subdivision,	13443
designated as a paying agent or place of payment of debt charges	13444
on the particular securities.	13445

(CC) "Permanent improvement" or "improvement" means any	13446
property, asset, or improvement certified by the fiscal officer,	13447
which certification is conclusive, as having an estimated life or	13448
period of usefulness of five years or more, and includes, but is	13449
not limited to, real estate, buildings, and personal property and	13450
interests in real estate, buildings, and personal property,	13451
equipment, furnishings, and site improvements, and reconstruction,	13452
rehabilitation, renovation, installation, improvement,	13453
enlargement, and extension of property, assets, or improvements so	13454
certified as having an estimated life or period of usefulness of	13455
five years or more. The acquisition of all the stock ownership of	13456
a corporation is the acquisition of a permanent improvement to the	13457
extent that the value of that stock is represented by permanent	13458
improvements. A permanent improvement for parking, highway, road,	13459
and street purposes includes resurfacing, but does not include	13460
ordinary repair.	13461

(DD) "Person" has the same meaning as in section 1.59 of the	13462
Revised Code and also includes any federal, state, interstate,	13463
regional, or local governmental agency, any subdivision, and any	13464
combination of those persons.	13465

(EE) "Proceedings" means the legislation, certifications,	13466
notices, orders, sale proceedings, trust agreement or indenture,	13467
mortgage, lease, lease-purchase agreement, assignment, credit	13468
enhancement facility agreements, and other agreements,	13469
instruments, and documents, as amended and supplemented, and any	13470
election proceedings, authorizing, or providing for the terms and	13471
conditions applicable to, or providing for the security or sale or	13472
award of, public obligations, and includes the provisions set	13473
forth or incorporated in those public obligations and proceedings.	13474

(FF) "Public issuer" means any of the following that is	13475
authorized by law to issue securities or enter into public	13476
obligations:	13477

(1) The state, including an agency, commission, officer,	13478
institution, board, authority, or other instrumentality of the	13479
state;	13480

(2) A taxing authority, subdivision, district, or other local	13481
public or governmental entity, and any combination or consortium,	13482
or public division, district, commission, authority, department,	13483
board, officer, or institution, thereof;	13484

(3) Any other body corporate and politic, or other public	13485
entity.	13486

(GG) "Public obligations" means both of the following:

13487

(1) Securities;

13488

(2) Obligations of a public issuer to make payments under	13489
installment sale, lease, lease purchase, or similar agreements,	13490
which obligations may bear interest or interest equivalent.	13491

(HH) "Refund" means to fund and retire outstanding	13492
securities, including advance refunding with or without payment or	13493
redemption prior to maturity.	13494

(II) "Register" means the books kept and maintained by the	13495
registrar for registration, exchange, and transfer of registered	13496
securities.	13497

(JJ) "Registrar" means the person responsible for keeping the	13498
register for the particular registered securities, designated by	13499
or pursuant to the proceedings.	13500

(KK) "Securities" means bonds, notes, certificates of	13501
indebtedness, commercial paper, and other instruments in writing,	13502
including, unless the context does not admit, anticipatory	13503
securities, issued by an issuer to evidence its obligation to	13504
repay money borrowed, or to pay interest, by, or to pay at any	13505
future time other money obligations of, the issuer of the	13506
securities, but not including public obligations described in	13507
division (GG)(2) of this section.	13508

(LL) "Self-supporting securities" means securities or	13509
portions of securities issued for the purpose of paying costs of	13510
permanent improvements to the extent that receipts of the	13511
subdivision, other than the proceeds of taxes levied by that	13512
subdivision, derived from or with respect to the improvements or	13513
the operation of the improvements being financed, or the	13514
enterprise, system, project, or category of improvements of which	13515
the improvements being financed are part, are estimated by the	13516
fiscal officer to be sufficient to pay the current expenses of	13517
that operation or of those improvements or enterprise, system,	13518
project, or categories of improvements and the debt charges	13519
payable from those receipts on securities issued for the purpose.	13520
Until such time as the improvements or increases in rates and	13521
charges have been in operation or effect for a period of at least	13522
six months, the receipts therefrom, for purposes of this	13523
definition, shall be those estimated by the fiscal officer, except	13524
that those receipts may include, without limitation, payments made	13525
and to be made to the subdivision under leases or agreements in	13526
effect at the time the estimate is made. In the case of an	13527
operation, improvements, or enterprise, system, project, or	13528
category of improvements without at least a six-month history of	13529
receipts, the estimate of receipts by the fiscal officer, other	13530
than those to be derived under leases and agreements then in	13531
effect, shall be confirmed by the taxing authority.	13532

(MM) "Subdivision" means any of the following:

13533

(1) A county, including a county that has adopted a charter	13534
under Article X, Ohio Constitution;	13535

(2) A municipal corporation, including a municipal	13536
corporation that has adopted a charter under Article XVIII, Ohio	13537
Constitution;	13538

(3) A school district;

13539

(4) A regional water and sewer district organized under	13540
Chapter 6119. of the Revised Code;	13541

(5) A joint township hospital district organized under	13542
section 513.07 of the Revised Code;	13543

(6) A joint ambulance district organized under section 505.71	13544
of the Revised Code;	13545

(7) A joint recreation district organized under division (C)	13546
of section 755.14 of the Revised Code;	13547

(8) A detention facility district organized under section	13548
2152.41, a district organized under section 2151.65, or a combined	13549
district organized under sections 2152.41 and 2151.65 of the	13550
Revised Code;	13551

(9) A township police district organized under section 505.48	13552
of the Revised Code;	13553

(10) A township;

13554

(11) A joint fire district organized under section 505.371 of	13555
the Revised Code;	13556

(12) A county library district created under section 3375.19	13557
or a regional library district created under section 3375.28 of	13558
the Revised Code;	13559

(13) A joint solid waste management district organized under	13560
section 343.01 or 343.012 of the Revised Code;	13561

(14) A joint emergency medical services district organized	13562
under section 307.052 of the Revised Code;	13563

(15) A fire and ambulance district organized under section	13564
505.375 of the Revised Code;	13565

(16) A fire district organized under division (C) of section	13566
505.37 of the Revised Code;	13567

(17) A joint police district organized under section 505.482	13568
of the Revised Code;	13569

(18) A lake facilities authority created under Chapter 353.	13570
of the Revised Code;	13571

(19) Any other political subdivision or taxing district or	13572
other local public body or agency authorized by this chapter or	13573
other laws to issue Chapter 133. securities.	13574

(NN) "Taxing authority" means in the case of the following	13575
subdivisions:	13576

(1) A county, a county library district, or a regional	13577
library district, the board or boards of county commissioners, or	13578
other legislative authority of a county that has adopted a charter	13579
under Article X, Ohio Constitution, but with respect to such a	13580
library district acting solely as agent for the board of trustees	13581
of that district;	13582

(2) A municipal corporation, the legislative authority;

13583

(3) A school district, the board of education;

13584

(4) A regional water and sewer district, a joint ambulance	13585
district, a joint recreation district, a fire and ambulance	13586
district, or a joint fire district, the board of trustees of the	13587
district;	13588

(5) A joint township hospital district, the joint township	13589
hospital board;	13590

(6) A detention facility district or a district organized	13591
under section 2151.65 of the Revised Code, a combined district	13592
organized under sections 2152.41 and 2151.65 of the Revised Code,	13593
or a joint emergency medical services district, the joint board of	13594
county commissioners;	13595

(7) A township, a fire district organized under division (C)	13596
of section 505.37 of the Revised Code, or a township police	13597
district, the board of township trustees;	13598

(8) A joint solid waste management district organized under	13599
section 343.01 or 343.012 of the Revised Code, the board of	13600
directors of the district;	13601

(9) A subdivision described in division (MM)~~(18)~~(19) of this	13602
section, the legislative or governing body or official;	13603

(10) A joint police district, the joint police district	13604
board;	13605

(11) A lake facilities authority, the board of directors.

13606

(OO) "Tax limitation" means the "ten-mill limitation" as	13607
defined in section 5705.02 of the Revised Code without diminution	13608
by reason of section 5705.313 of the Revised Code or otherwise,	13609
or, in the case of a municipal corporation or county with a	13610
different charter limitation on property taxes levied to pay debt	13611
charges on unvoted securities, that charter limitation. Those	13612
limitations shall be respectively referred to as the "ten-mill	13613
limitation" and the "charter tax limitation."	13614

(PP) "Tax valuation" means the aggregate of the valuations of	13615
property subject to ad valorem property taxation by the	13616
subdivision on the real property, personal property, and public	13617
utility property tax lists and duplicates most recently certified	13618
for collection, and shall be calculated without deductions of the	13619
valuations of otherwise taxable property exempt in whole or in	13620
part from taxation by reason of exemptions of certain amounts of	13621
taxable value under division (C) of section 5709.01, tax	13622
reductions under section 323.152 of the Revised Code, or similar	13623
laws now or in the future in effect.	13624

For purposes of section 133.06 of the Revised Code, "tax	13625
valuation" shall not include the valuation of tangible personal	13626
property used in business, telephone or telegraph property,	13627
interexchange telecommunications company property, or personal	13628
property owned or leased by a railroad company and used in	13629
railroad operations listed under or described in section 5711.22,	13630
division (B) or (F) of section 5727.111, or section 5727.12 of the	13631
Revised Code.	13632

(QQ) "Year" means the calendar year.

13633

(RR) "Administrative agent," "agent," "commercial paper,"	13634
"floating rate interest structure," "indexing agent," "interest	13635
rate hedge," "interest rate period," "put arrangement," and	13636
"remarketing agent" have the same meanings as in section 9.98 of	13637
the Revised Code.	13638

(SS) "Sales tax supported" means obligations to the payment	13639
of debt charges on which an additional sales tax or additional	13640
sales taxes have been pledged by the taxing authority of a county	13641
pursuant to section 133.081 of the Revised Code.	13642

Sec. 133.06. (A) A school district shall not incur, without	13643
a vote of the electors, net indebtedness that exceeds an amount	13644
equal to one-tenth of one per cent of its tax valuation, except as	13645
provided in divisions (G) and (H) of this section and in division	13646
(C) of section 3313.372 of the Revised Code, or as prescribed in	13647
section 3318.052 or 3318.44 of the Revised Code, or as provided in	13648
division (J) of this section.	13649

(B) Except as provided in divisions (E), (F), and (I) of this	13650
section, a school district shall not incur net indebtedness that	13651
exceeds an amount equal to nine per cent of its tax valuation.	13652

(C) A school district shall not submit to a vote of the	13653
electors the question of the issuance of securities in an amount	13654
that will make the district's net indebtedness after the issuance	13655
of the securities exceed an amount equal to four per cent of its	13656
tax valuation, unless the superintendent of public instruction,	13657
acting under policies adopted by the state board of education, and	13658
the tax commissioner, acting under written policies of the	13659
commissioner, consent to the submission. A request for the	13660
consents shall be made at least one hundred twenty days prior to	13661
the election at which the question is to be submitted.	13662

The superintendent of public instruction shall certify to the	13663
district the superintendent's and the tax commissioner's decisions	13664
within thirty days after receipt of the request for consents.	13665

If the electors do not approve the issuance of securities at	13666
the election for which the superintendent of public instruction	13667
and tax commissioner consented to the submission of the question,	13668
the school district may submit the same question to the electors	13669
on the date that the next special election may be held under	13670
section 3501.01 of the Revised Code without submitting a new	13671
request for consent. If the school district seeks to submit the	13672
same question at any other subsequent election, the district shall	13673
first submit a new request for consent in accordance with this	13674
division.	13675

(D) In calculating the net indebtedness of a school district,	13676
none of the following shall be considered:	13677

(1) Securities issued to acquire school buses and other	13678
equipment used in transporting pupils or issued pursuant to	13679
division (D) of section 133.10 of the Revised Code;	13680

(2) Securities issued under division (F) of this section,	13681
under section 133.301 of the Revised Code, and, to the extent in	13682
excess of the limitation stated in division (B) of this section,	13683
under division (E) of this section;	13684

(3) Indebtedness resulting from the dissolution of a joint	13685
vocational school district under section 3311.217 of the Revised	13686
Code, evidenced by outstanding securities of that joint vocational	13687
school district;	13688

(4) Loans, evidenced by any securities, received under	13689
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	13690
Revised Code;	13691

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

13692

(6) Debt incurred pursuant to division (B)(5) of section	13693
3313.37 of the Revised Code to acquire computers and related	13694
hardware;	13695

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

13696

(E) A school district may become a special needs district as	13697
to certain securities as provided in division (E) of this section.	13698

(1) A board of education, by resolution, may declare its	13699
school district to be a special needs district by determining both	13700
of the following:	13701

(a) The student population is not being adequately serviced	13702
by the existing permanent improvements of the district.	13703

(b) The district cannot obtain sufficient funds by the	13704
issuance of securities within the limitation of division (B) of	13705
this section to provide additional or improved needed permanent	13706
improvements in time to meet the needs.	13707

(2) The board of education shall certify a copy of that	13708
resolution to the superintendent of public instruction with a	13709
statistical report showing all of the following:	13710

(a) The history of and a projection of the growth of the tax	13711
valuation;	13712

(b) The projected needs;

13713

(c) The estimated cost of permanent improvements proposed to	13714
meet such projected needs.	13715

(3) The superintendent of public instruction shall certify	13716
the district as an approved special needs district if the	13717
superintendent finds both of the following:	13718

(a) The district does not have available sufficient	13719
additional funds from state or federal sources to meet the	13720
projected needs.	13721

(b) The projection of the potential average growth of tax	13722
valuation during the next five years, according to the information	13723
certified to the superintendent and any other information the	13724
superintendent obtains, indicates a likelihood of potential	13725
average growth of tax valuation of the district during the next	13726
five years of an average of not less than one and one-half per	13727
cent per year. The findings and certification of the	13728
superintendent shall be conclusive.	13729

(4) An approved special needs district may incur net	13730
indebtedness by the issuance of securities in accordance with the	13731
provisions of this chapter in an amount that does not exceed an	13732
amount equal to the greater of the following:	13733

(a) Twelve per cent of the sum of its tax valuation plus an	13734
amount that is the product of multiplying that tax valuation by	13735
the percentage by which the tax valuation has increased over the	13736
tax valuation on the first day of the sixtieth month preceding the	13737
month in which its board determines to submit to the electors the	13738
question of issuing the proposed securities;	13739

(b) Twelve per cent of the sum of its tax valuation plus an	13740
amount that is the product of multiplying that tax valuation by	13741
the percentage, determined by the superintendent of public	13742
instruction, by which that tax valuation is projected to increase	13743
during the next ten years.	13744

(F) A school district may issue securities for emergency	13745
purposes, in a principal amount that does not exceed an amount	13746
equal to three per cent of its tax valuation, as provided in this	13747
division.	13748

(1) A board of education, by resolution, may declare an	13749
emergency if it determines both of the following:	13750

(a) School buildings or other necessary school facilities in	13751
the district have been wholly or partially destroyed, or condemned	13752
by a constituted public authority, or that such buildings or	13753
facilities are partially constructed, or so constructed or planned	13754
as to require additions and improvements to them before the	13755
buildings or facilities are usable for their intended purpose, or	13756
that corrections to permanent improvements are necessary to remove	13757
or prevent health or safety hazards.	13758

(b) Existing fiscal and net indebtedness limitations make	13759
adequate replacement, additions, or improvements impossible.	13760

(2) Upon the declaration of an emergency, the board of	13761
education may, by resolution, submit to the electors of the	13762
district pursuant to section 133.18 of the Revised Code the	13763
question of issuing securities for the purpose of paying the cost,	13764
in excess of any insurance or condemnation proceeds received by	13765
the district, of permanent improvements to respond to the	13766
emergency need.	13767

(3) The procedures for the election shall be as provided in	13768
section 133.18 of the Revised Code, except that:	13769

(a) The form of the ballot shall describe the emergency	13770
existing, refer to this division as the authority under which the	13771
emergency is declared, and state that the amount of the proposed	13772
securities exceeds the limitations prescribed by division (B) of	13773
this section;	13774

(b) The resolution required by division (B) of section 133.18	13775
of the Revised Code shall be certified to the county auditor and	13776
the board of elections at least one hundred days prior to the	13777
election;	13778

(c) The county auditor shall advise and, not later than	13779
ninety-five days before the election, confirm that advice by	13780
certification to, the board of education of the information	13781
required by division (C) of section 133.18 of the Revised Code;	13782

(d) The board of education shall then certify its resolution	13783
and the information required by division (D) of section 133.18 of	13784
the Revised Code to the board of elections not less than ninety	13785
days prior to the election.	13786

(4) Notwithstanding division (B) of section 133.21 of the	13787
Revised Code, the first principal payment of securities issued	13788
under this division may be set at any date not later than sixty	13789
months after the earliest possible principal payment otherwise	13790
provided for in that division.	13791

(G)(1) The board of education may contract with an architect,	13792
professional engineer, or other person experienced in the design	13793
and implementation of energy conservation measures for an analysis	13794
and recommendations pertaining to installations, modifications of	13795
installations, or remodeling that would significantly reduce	13796
energy consumption in buildings owned by the district. The report	13797
shall include estimates of all costs of such installations,	13798
modifications, or remodeling, including costs of design,	13799
engineering, installation, maintenance, repairs, and debt service,	13800
forgone residual value of materials or equipment replaced by the	13801
energy conservation measure, as defined by the Ohio school	13802
facilities commission, a baseline analysis of actual energy	13803
consumption data for the preceding three years with the utility	13804
baseline based on only the actual energy consumption data for the	13805
preceding twelve months, and estimates of the amounts by which	13806
energy consumption and resultant operational and maintenance	13807
costs, as defined by the commission, would be reduced.	13808

If the board finds after receiving the report that the amount	13809
of money the district would spend on such installations,	13810
modifications, or remodeling is not likely to exceed the amount of	13811
money it would save in energy and resultant operational and	13812
maintenance costs over the ensuing fifteen years, the board may	13813
submit to the commission a copy of its findings and a request for	13814
approval to incur indebtedness to finance the making or	13815
modification of installations or the remodeling of buildings for	13816
the purpose of significantly reducing energy consumption.	13817

~~If the commission determines that the board's findings are~~	13818
~~reasonable, it~~The school facilities commission, in consultation	13819
with the auditor of state, may deny a request under this division	13820
by the board of education any school district is in a state of	13821
fiscal watch pursuant to division (A) of section 3316.03 of the	13822
Revised Code, if it determines that the expenditure of funds is	13823
not in the best interest of the school district.	13824

No district board of education of a school district that is	13825
in a state of fiscal emergency pursuant to division (B) of section	13826
3316.03 of the Revised Code shall submit a request without	13827
submitting evidence that the installations, modifications, or	13828
remodeling have been approved by the district's financial planning	13829
and supervision commission established under section 3316.05 of	13830
the Revised Code.	13831

No board of education of a school district that, for three or	13832
more consecutive years, has been declared to be in a state of	13833
academic emergency under section 3302.03 of the Revised Code, as	13834
that section existed prior to March 22, 2013, and has failed to	13835
meet adequate yearly progress, or has met any condition set forth	13836
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	13837
Code shall submit a request without first receiving approval to	13838
incur indebtedness from the district's academic distress	13839
commission established under that section, for so long as such	13840
commission continues to be required for the district.	13841

(2) The school facilities commission shall approve the	13842
board's request~~. Upon~~provided that the following conditions are	13843
satisfied:	13844

(a) The commission determines that the board's findings are	13845
reasonable.	13846

(b) The request for approval is complete.

13847

(c) The installations, modifications, or remodeling are	13848
consistent with any project to construct or acquire classroom	13849
facilities, or to reconstruct or make additions to existing	13850
classroom facilities under sections 3318.01 to 3318.20 or sections	13851
3318.40 to 3318.45 of the Revised Code.	13852

Upon receipt of the commission's approval, the district may	13853
issue securities without a vote of the electors in a principal	13854
amount not to exceed nine-tenths of one per cent of its tax	13855
valuation for the purpose of making such installations,	13856
modifications, or remodeling, but the total net indebtedness of	13857
the district without a vote of the electors incurred under this	13858
and all other sections of the Revised Code, except section	13859
3318.052 of the Revised Code, shall not exceed one per cent of the	13860
district's tax valuation.	13861

(3) So long as any securities issued under ~~division (G) of~~	13862
this ~~section~~division remain outstanding, the board of education	13863
shall monitor the energy consumption and resultant operational and	13864
maintenance costs of buildings in which installations or	13865
modifications have been made or remodeling has been done pursuant	13866
to ~~division (G) of~~ this ~~section~~division and shall maintain and	13867
annually update a report documenting the reductions in energy	13868
consumption and resultant operational and maintenance cost savings	13869
attributable to such installations, modifications, or remodeling.	13870
The report shall be certified by an architect or engineer	13871
independent of any person that provided goods or services to the	13872
board in connection with the energy conservation measures that are	13873
the subject of the report. The resultant operational and	13874
maintenance cost savings shall be certified by the school district	13875
treasurer. The report shall be submitted annually to the	13876
commission.	13877

(H) With the consent of the superintendent of public	13878
instruction, a school district may incur without a vote of the	13879
electors net indebtedness that exceeds the amounts stated in	13880
divisions (A) and (G) of this section for the purpose of paying	13881
costs of permanent improvements, if and to the extent that both of	13882
the following conditions are satisfied:	13883

(1) The fiscal officer of the school district estimates that	13884
receipts of the school district from payments made under or	13885
pursuant to agreements entered into pursuant to section 725.02,	13886
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	13887
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	13888
Code, or distributions under division (C) of section 5709.43 of	13889
the Revised Code, or any combination thereof, are, after	13890
accounting for any appropriate coverage requirements, sufficient	13891
in time and amount, and are committed by the proceedings, to pay	13892
the debt charges on the securities issued to evidence that	13893
indebtedness and payable from those receipts, and the taxing	13894
authority of the district confirms the fiscal officer's estimate,	13895
which confirmation is approved by the superintendent of public	13896
instruction;	13897

(2) The fiscal officer of the school district certifies, and	13898
the taxing authority of the district confirms, that the district,	13899
at the time of the certification and confirmation, reasonably	13900
expects to have sufficient revenue available for the purpose of	13901
operating such permanent improvements for their intended purpose	13902
upon acquisition or completion thereof, and the superintendent of	13903
public instruction approves the taxing authority's confirmation.	13904

The maximum maturity of securities issued under division (H)	13905
of this section shall be the lesser of twenty years or the maximum	13906
maturity calculated under section 133.20 of the Revised Code.	13907

(I) A school district may incur net indebtedness by the	13908
issuance of securities in accordance with the provisions of this	13909
chapter in excess of the limit specified in division (B) or (C) of	13910
this section when necessary to raise the school district portion	13911
of the basic project cost and any additional funds necessary to	13912
participate in a project under Chapter 3318. of the Revised Code,	13913
including the cost of items designated by the Ohio school	13914
facilities commission as required locally funded initiatives, the	13915
cost of other locally funded initiatives in an amount that does	13916
not exceed fifty per cent of the district's portion of the basic	13917
project cost, and the cost for site acquisition. The school	13918
facilities commission shall notify the superintendent of public	13919
instruction whenever a school district will exceed either limit	13920
pursuant to this division.	13921

(J) A school district whose portion of the basic project cost	13922
of its classroom facilities project under sections 3318.01 to	13923
3318.20 of the Revised Code is greater than or equal to one	13924
hundred million dollars may incur without a vote of the electors	13925
net indebtedness in an amount up to two per cent of its tax	13926
valuation through the issuance of general obligation securities in	13927
order to generate all or part of the amount of its portion of the	13928
basic project cost if the controlling board has approved the	13929
school facilities commission's conditional approval of the project	13930
under section 3318.04 of the Revised Code. The school district	13931
board and the Ohio school facilities commission shall include the	13932
dedication of the proceeds of such securities in the agreement	13933
entered into under section 3318.08 of the Revised Code. No state	13934
moneys shall be released for a project to which this section	13935
applies until the proceeds of any bonds issued under this section	13936
that are dedicated for the payment of the school district portion	13937
of the project are first deposited into the school district's	13938
project construction fund.	13939

Sec. 135.143. (A) The treasurer of state may invest or	13940
execute transactions for any part or all of the interim funds of	13941
the state in the following classifications of obligations:	13942

(1) United States treasury bills, notes, bonds, or any other	13943
obligations or securities issued by the United States treasury or	13944
any other obligation guaranteed as to principal and interest by	13945
the United States;	13946

(2) Bonds, notes, debentures, or any other obligations or	13947
securities issued by any federal government agency or	13948
instrumentality;	13949

(3)(a) Bonds ~~and other direct~~, notes, and other obligations	13950
of the state of Ohio issued by the treasurer of state ~~and of~~, the	13951
Ohio public facilities commission, the Ohio building authority,	13952
~~and~~ the Ohio housing finance agency, the Ohio water development	13953
authority, and the Ohio turnpike and infrastructure commission;	13954

(b) Bonds, notes, and other obligations of any state or	13955
political subdivision thereof rated at the time of purchase in the	13956
three highest categories by two nationally recognized rating	13957
agencies and purchased through a recognized securities dealer.	13958

(4)(a) Written repurchase agreements with any eligible Ohio	13959
financial institution that is a member of the federal reserve	13960
system or federal home loan bank or any recognized United States	13961
government securities dealer that is recognized as a primary	13962
dealer by the federal reserve bank of New York, under the terms of	13963
which agreement the treasurer of state purchases and the eligible	13964
financial institution or dealer agrees unconditionally to	13965
repurchase any of the securities that are listed in division	13966
(A)(1), (2), or (6) of this section and that will mature or are	13967
redeemable within ten years from the date of purchase. The market	13968
value of securities subject to these transactions must exceed the	13969
principal value of the repurchase agreement by an amount specified	13970
by the treasurer of state, and the securities must be delivered	13971
into the custody of the treasurer of state or the qualified	13972
trustee or agent designated by the treasurer of state. The	13973
agreement shall contain the requirement that for each transaction	13974
pursuant to the agreement, the participating institution or dealer	13975
shall provide all of the following information:	13976

(i) The par value of the securities;

13977

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

13978

(iii) A numerical identifier generally accepted in the	13979
securities industry that designates the securities.	13980

(b) The treasurer of state also may sell any securities,	13981
listed in division (A)(1), (2), or (6) of this section, regardless	13982
of maturity or time of redemption of the securities, under the	13983
same terms and conditions for repurchase, provided that the	13984
securities have been fully paid for and are owned by the treasurer	13985
of state at the time of the sale.	13986

(5) Securities lending agreements with any eligible financial	13987
institution that is a member of the federal reserve system or	13988
federal home loan bank or any recognized United States government	13989
securities dealer, under the terms of which agreements the	13990
treasurer of state lends securities and the eligible financial	13991
institution or dealer agrees to simultaneously exchange similar	13992
securities or cash, equal value for equal value.	13993

Securities and cash received as collateral for a securities	13994
lending agreement are not interim funds of the state. The	13995
investment of cash collateral received pursuant to a securities	13996
lending agreement may be invested only in such instruments	13997
specified by the treasurer of state in accordance with a written	13998
investment policy.	13999

(6) Various forms of commercial paper issued by any	14000
~~corporation~~entity that is ~~incorporated~~organized under the laws	14001
of the United States or a state, which notes are rated at the time	14002
of purchase in the two highest categories by two nationally	14003
recognized rating agencies, provided that the total amount	14004
invested under this section in any commercial paper at any time	14005
shall not exceed ~~twenty-five~~forty per cent of the state's total	14006
average portfolio, as determined and calculated by the treasurer	14007
of state;	14008

(7) Bankers acceptances, maturing in two hundred seventy days	14009
or less, ~~which are eligible for purchase by the federal reserve~~	14010
~~system,~~ provided that the total amount invested in bankers	14011
acceptances at any time shall not exceed ten per cent of the	14012
state's total average portfolio, as determined and calculated by	14013
the treasurer of state;	14014

(8) Certificates of deposit in eligible institutions applying	14015
for interim moneys as provided in section 135.08 of the Revised	14016
Code, including linked deposits as provided in sections 135.61 to	14017
135.67 of the Revised Code, agricultural linked deposits as	14018
provided in sections 135.71 to 135.76 of the Revised Code, and	14019
housing linked deposits as provided in sections 135.81 to 135.87	14020
of the Revised Code;	14021

(9) The state treasurer's investment pool authorized under	14022
section 135.45 of the Revised Code;	14023

(10) Debt interests, other than commercial paper described in	14024
division (A)(6) of this section, rated at the time of purchase in	14025
the three highest categories by two nationally recognized rating	14026
agencies and issued by ~~corporations~~entities that are ~~incorporated~~	14027
organized under the laws of the United States or a state, or	14028
issued by foreign nations diplomatically recognized by the United	14029
States government, or any instrument based on, derived from, or	14030
related to such interests, provided that:	14031

(a) The investments in debt interests, other than commercial	14032
paper, shall not exceed in the aggregate twenty-five per cent of	14033
the state's portfolio;	14034

(b) The investments in debt interests issued by foreign	14035
nations shall not exceed in the aggregate one per cent of the	14036
state's portfolio;	14037

(c) ~~The~~When added to the investment in commercial paper, the	14038
investments in the debt interests of a single issuer shall not	14039
exceed in the aggregate ~~one-half of one~~five per cent of the	14040
state's portfolio~~, except that debt interests of a single issuer~~	14041
~~that is a foreign nation shall not exceed in the aggregate one per~~	14042
~~cent of the state's portfolio~~.	14043

The treasurer of state shall invest under division (A)(10) of	14044
this section in a debt interest issued by a foreign nation only if	14045
the debt interest is backed by the full faith and credit of that	14046
foreign nation, and provided that all interest and principal shall	14047
be denominated and payable in United States funds.	14048

For purposes of division (A)(10) of this section, a debt	14049
interest is rated in the three highest categories by two	14050
nationally recognized rating agencies if either the debt interest	14051
itself or the issuer of the debt interest is rated, or is	14052
implicitly rated, at the time of purchase in the three highest	14053
categories by two nationally recognized rating agencies.	14054

For purposes of division (A)(10) of this section, the	14055
"state's portfolio" means the state's total average portfolio, as	14056
determined and calculated by the treasurer of state.	14057

(11) No-load money market mutual funds ~~consisting exclusively~~	14058
~~of obligations described in division (A)(1), (2), or (6) of this~~	14059
~~section and repurchase agreements secured by such obligations~~	14060
rated at the time of purchase in the highest category by at least	14061
one nationally recognized rating agency.	14062

(12) Obligations of a political subdivision issued under	14063
Chapter 133. of the Revised Code and identified in an agreement	14064
described in division (G) of this section.	14065

(B) Whenever, during a period of designation, the treasurer	14066
of state classifies public moneys as interim moneys, the treasurer	14067
of state shall notify the state board of deposit of such action.	14068
The notification shall be given within thirty days after such	14069
classification and, in the event the state board of deposit does	14070
not concur in such classification or in the investments or	14071
deposits made under this section, the board may order the	14072
treasurer of state to sell or liquidate any of the investments or	14073
deposits, and any such order shall specifically describe the	14074
investments or deposits and fix the date upon which they are to be	14075
sold or liquidated. Investments or deposits so ordered to be sold	14076
or liquidated shall be sold or liquidated for cash by the	14077
treasurer of state on the date fixed in such order at the then	14078
current market price. Neither the treasurer of state nor the	14079
members of the state board of deposit shall be held accountable	14080
for any loss occasioned by sales or liquidations of investments or	14081
deposits at prices lower than their cost. Any loss or expense	14082
incurred in making these sales or liquidations is payable as other	14083
expenses of the treasurer's office.	14084

(C) If any securities or obligations invested in by the	14085
treasurer of state pursuant to this section are registrable either	14086
as to principal or interest, or both, such securities or	14087
obligations shall be registered in the name of the treasurer of	14088
state.	14089

(D) The treasurer of state is responsible for the safekeeping	14090
of all securities or obligations under this section. Any such	14091
securities or obligations may be deposited for safekeeping as	14092
provided in section 113.05 of the Revised Code.	14093

(E) Interest earned on any investments or deposits authorized	14094
by this section shall be collected by the treasurer of state and	14095
credited by the treasurer of state to the proper fund of the	14096
state.	14097

(F) Whenever investments or deposits acquired under this	14098
section mature and become due and payable, the treasurer of state	14099
shall present them for payment according to their tenor, and shall	14100
collect the moneys payable thereon. The moneys so collected shall	14101
be treated as public moneys subject to sections 135.01 to 135.21	14102
of the Revised Code.	14103

(G) The treasurer of state and any political subdivision	14104
issuing obligations referred to in division (A)(12) of this	14105
section, which obligations mature within one year from the	14106
original date of issuance, may enter into an agreement providing	14107
for:	14108

(1) The purchase of those obligations by the treasurer of	14109
state on terms and subject to conditions set forth in the	14110
agreement;	14111

(2) The payment by the political subdivision to the treasurer	14112
of state of a reasonable fee as consideration for the agreement of	14113
the treasurer of state to purchase those obligations; provided,	14114
however, that the treasurer of state shall not be authorized to	14115
enter into any such agreement with a board of education of a	14116
school district that has an outstanding obligation with respect to	14117
a loan received under authority of section 3313.483 of the Revised	14118
Code.	14119

(H) For purposes of division (G) of this section, a fee shall	14120
not be considered reasonable unless it is set to recover only the	14121
direct costs, a reasonable estimate of the indirect costs	14122
associated with the purchasing of obligations of a political	14123
subdivision under division (G) of this section and any reselling	14124
of the obligations or any interest in the obligations, including	14125
interests in a fund comprised of the obligations, and the	14126
administration thereof. No money from the general revenue fund	14127
shall be used to subsidize the purchase or resale of these	14128
obligations.	14129

(I) All money collected by the treasurer of state from the	14130
fee imposed by division (G) of this section shall be deposited to	14131
the credit of the state political subdivision obligations fund,	14132
which is hereby created in the state treasury. Money credited to	14133
the fund shall be used solely to pay the treasurer of state's	14134
direct and indirect costs associated with purchasing and reselling	14135
obligations of a political subdivision under division (G) of this	14136
section.	14137

(J) As used in this section, "political subdivision" means a	14138
county, township, municipal corporation, or ~~board of education of~~	14139
a school district.	14140

Sec. 135.22. (A) For purposes of this section:

14141

(1) "Treasurer" has the same meaning as in section 135.01 of	14142
the Revised Code, but does not include a county treasurer or the	14143
treasurer of state. "Treasurer" includes any person whose duties	14144
include making investment decisions with respect to the investment	14145
or deposit of interim moneys.	14146

(2) "Subdivision" has the same meaning as in section 135.01	14147
of the Revised Code.	14148

(B) To enhance the background and working knowledge of	14149
treasurers in investments, cash management, ~~and~~the collection of	14150
taxes, ethics, and in any other subject area that the treasurer of	14151
state determines is reasonably related to the duties of a	14152
treasurer, the treasurer of state shall provide annual continuing	14153
education programs for treasurers. A treasurer annually shall	14154
complete the continuing education programs described in this	14155
section, unless the treasurer annually provides a notice of	14156
exemption described in division (E) of this section.	14157

(C) The treasurer of state shall determine the manner,	14158
content, and length of the continuing education programs after	14159
consultation with appropriate statewide organizations of local	14160
government officials.	14161

(D) Upon successful completion of a continuing education	14162
program required by this section, the treasurer of state shall	14163
issue a certificate indicating that the treasurer has successfully	14164
completed the continuing education program prescribed by the	14165
treasurer of state. The treasurer of state shall forward to the	14166
auditor of state any certificates issued pursuant to this division	14167
by the treasurer of state. The auditor of state shall maintain in	14168
the auditor's records any certificates forwarded by the treasurer	14169
of state pursuant to this division. As part of the auditor of	14170
state's audit of the subdivision conducted in accordance with	14171
section 117.11 of the Revised Code, the auditor of state shall	14172
report whether the treasurer is in compliance with this section of	14173
the Revised Code.	14174

(E) Division (B) of this section does not apply to any	14175
treasurer who annually provides a notice of exemption to the	14176
auditor of state. The notice shall be certified by the treasurer	14177
of state and shall provide that the treasurer is not subject to	14178
the continuing education requirements set forth in division (B) of	14179
this section, because the treasurer invests or deposits public	14180
moneys in the following investments only:	14181

(1) Interim deposits pursuant to division (B)(3) of section	14182
135.14 or section 135.145 of the Revised Code;	14183

(2) No-load money market mutual funds pursuant to division	14184
(B)(5) of section 135.14 of the Revised Code;	14185

(3) The Ohio subdivision's fund pursuant to division (B)(6)	14186
of section 135.14 of the Revised Code.	14187

(F) In carrying out the duties required by this section, the	14188
treasurer of state may charge the subdivision served by the	14189
treasurer a registration fee that will meet actual and necessary	14190
expenses in connection with the training of the treasurer,	14191
including instruction fees, site acquisition costs, and the cost	14192
of course materials. Any necessary personal expenses of a	14193
treasurer incurred as a result of attending the continuing	14194
education courses shall be borne by the subdivision represented by	14195
the treasurer.	14196

(G) The treasurer of state may allow any other interested	14197
person to attend any of the continuing education programs that are	14198
held pursuant to this section, provided that before attending any	14199
such continuing education program, the interested person has paid	14200
to the treasurer of state the full registration fee set for the	14201
continuing education program.	14202

(H) All funds collected pursuant to this section shall be	14203
paid into the county treasurer education fund created pursuant to	14204
section 321.46 of the Revised Code, and the actual and necessary	14205
expenses of the treasurer of state in conducting the continuing	14206
education programs required by this section shall be paid from	14207
this fund.	14208

(I) The treasurer of state may adopt reasonable rules not	14209
inconsistent with this section for the implementation of this	14210
section.	14211

Sec. 135.35. (A) The investing authority shall deposit or	14212
invest any part or all of the county's inactive moneys and shall	14213
invest all of the money in the county public library fund when	14214
required by section 135.352 of the Revised Code. The following	14215
classifications of securities and obligations are eligible for	14216
such deposit or investment:	14217

(1) United States treasury bills, notes, bonds, or any other	14218
obligation or security issued by the United States treasury, any	14219
other obligation guaranteed as to principal or interest by the	14220
United States, or any book entry, zero-coupon United States	14221
treasury security that is a direct obligation of the United	14222
States.	14223

Nothing in the classification of eligible securities and	14224
obligations set forth in divisions (A)(2) to (11) of this section	14225
shall be construed to authorize any investment in stripped	14226
principal or interest obligations of such eligible securities and	14227
obligations.	14228

(2) Bonds, notes, debentures, or any other obligations or	14229
securities issued by any federal government agency or	14230
instrumentality, including, but not limited to, the federal	14231
national mortgage association, federal home loan bank, federal	14232
farm credit bank, federal home loan mortgage corporation,	14233
government national mortgage association, and student loan	14234
marketing association. All federal agency securities shall be	14235
direct issuances of federal government agencies or	14236
instrumentalities.	14237

(3) Time certificates of deposit or savings or deposit	14238
accounts, including, but not limited to, passbook accounts, in any	14239
eligible institution mentioned in section 135.32 of the Revised	14240
Code;	14241

(4) Bonds and other obligations of this state or the	14242
political subdivisions of this state;	14243

(5) No-load money market mutual funds consisting exclusively	14244
of obligations described in division (A)(1) or (2) of this section	14245
and repurchase agreements secured by such obligations, provided	14246
that investments in securities described in this division are made	14247
only through eligible institutions mentioned in section 135.32 of	14248
the Revised Code;	14249

(6) The Ohio subdivision's fund as provided in section 135.45	14250
of the Revised Code;	14251

(7) Securities lending agreements with any eligible	14252
institution mentioned in section 135.32 of the Revised Code that	14253
is a member of the federal reserve system or federal home loan	14254
bank or with any recognized United States government securities	14255
dealer meeting the description in division (J)(1) of this section,	14256
under the terms of which agreements the investing authority lends	14257
securities and the eligible institution or dealer agrees to	14258
simultaneously exchange similar securities or cash, equal value	14259
for equal value.	14260

Securities and cash received as collateral for a securities	14261
lending agreement are not inactive moneys of the county or moneys	14262
of a county public library fund. The investment of cash collateral	14263
received pursuant to a securities lending agreement may be	14264
invested only in instruments specified by the investing authority	14265
in the written investment policy described in division (K) of this	14266
section.	14267

(8) Up to twenty-five per cent of the county's total average	14268
portfolio in either of the following investments:	14269

(a) Commercial paper notes issued by an entity that is	14270
defined in division (D) of section 1705.01 of the Revised Code and	14271
that has assets exceeding five hundred million dollars, to which	14272
notes all of the following apply:	14273

(i) The notes are rated at the time of purchase in the	14274
highest classification established by at least two nationally	14275
recognized standard rating services.	14276

(ii) The aggregate value of the notes does not exceed ten per	14277
cent of the aggregate value of the outstanding commercial paper of	14278
the issuing corporation.	14279

(iii) The notes mature not later than two hundred seventy	14280
days after purchase.	14281

(b) Bankers acceptances of banks that are insured by the	14282
federal deposit insurance corporation and to which both of the	14283
following apply:	14284

(i) The obligations are eligible for purchase by the federal	14285
reserve system.	14286

(ii) The obligations mature not later than one hundred eighty	14287
days after purchase.	14288

No investment shall be made pursuant to division (A)(8) of	14289
this section unless the investing authority has completed	14290
additional training for making the investments authorized by	14291
division (A)(8) of this section. The type and amount of additional	14292
training shall be approved by the auditor of state and may be	14293
conducted by or provided under the supervision of the auditor of	14294
state.	14295

(9) Up to fifteen per cent of the county's total average	14296
portfolio in notes issued by corporations that are incorporated	14297
under the laws of the United States and that are operating within	14298
the United States, or by depository institutions that are doing	14299
business under authority granted by the United States or any state	14300
and that are operating within the United States, provided both of	14301
the following apply:	14302

(a) The notes are rated in the second highest or higher	14303
category by at least two nationally recognized standard rating	14304
services at the time of purchase.	14305

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

14306

(10) No-load money market mutual funds rated in the highest	14307
category at the time of purchase by at least one nationally	14308
recognized standard rating service and consisting exclusively of	14309
obligations described in division (A)(1), (2), or (6) of section	14310
135.143 of the Revised Code;	14311

(11) Debt interests rated at the time of purchase in the	14312
three highest categories by two nationally recognized standard	14313
rating services and issued by foreign nations diplomatically	14314
recognized by the United States government. All interest and	14315
principal shall be denominated and payable in United States funds.	14316
The investments made under division (A)(11) of this section shall	14317
not exceed in the aggregate one per cent of a county's total	14318
average portfolio.	14319

The investing authority shall invest under division (A)(11)	14320
of this section in a debt interest issued by a foreign nation only	14321
if the debt interest is backed by the full faith and credit of	14322
that foreign nation, there is no prior history of default, and the	14323
debt interest matures not later than five years after purchase.	14324
For purposes of division (A)(11) of this section, a debt interest	14325
is rated in the three highest categories by two nationally	14326
recognized standard rating services if either the debt interest	14327
itself or the issuer of the debt interest is rated, or is	14328
implicitly rated, at the time of purchase in the three highest	14329
categories by two nationally recognized standard rating services.	14330

(12) A current unpaid or delinquent tax line of credit	14331
authorized under division (G) of section 135.341 of the Revised	14332
Code, provided that all of the conditions for entering into such a	14333
line of credit under that division are satisfied, or bonds and	14334
other obligations of a county land reutilization corporation	14335
organized under Chapter 1724. of the Revised Code, if the county	14336
land reutilization corporation is located wholly or partly within	14337
the same county as the investing authority.	14338

(B) Nothing in the classifications of eligible obligations	14339
and securities set forth in divisions (A)(1) to (11) of this	14340
section shall be construed to authorize investment in a	14341
derivative, and no investing authority shall invest any county	14342
inactive moneys or any moneys in a county public library fund in a	14343
derivative. For purposes of this division, "derivative" means a	14344
financial instrument or contract or obligation whose value or	14345
return is based upon or linked to another asset or index, or both,	14346
separate from the financial instrument, contract, or obligation	14347
itself. Any security, obligation, trust account, or other	14348
instrument that is created from an issue of the United States	14349
treasury or is created from an obligation of a federal agency or	14350
instrumentality or is created from both is considered a derivative	14351
instrument. An eligible investment described in this section with	14352
a variable interest rate payment, based upon a single interest	14353
payment or single index comprised of other eligible investments	14354
provided for in division (A)(1) or (2) of this section, is not a	14355
derivative, provided that such variable rate investment has a	14356
maximum maturity of two years. A treasury inflation-protected	14357
security shall not be considered a derivative, provided the	14358
security matures not later than five years after purchase.	14359

(C) Except as provided in ~~division~~divisions (D) and (O) of	14360
this section, any investment made pursuant to this section must	14361
mature within ~~five~~ten years from the date of settlement, unless	14362
the investment is matched to a specific obligation or debt of the	14363
county or to a specific obligation or debt of a political	14364
subdivision of this state, and the investment is specifically	14365
approved by the investment advisory committee.	14366

(D) The investing authority may also enter into a written	14367
repurchase agreement with any eligible institution mentioned in	14368
section 135.32 of the Revised Code or any eligible securities	14369
dealer pursuant to division (J) of this section, under the terms	14370
of which agreement the investing authority purchases and the	14371
eligible institution or dealer agrees unconditionally to	14372
repurchase any of the securities listed in divisions (B)(1) to	14373
(5), except letters of credit described in division (B)(2), of	14374
section 135.18 of the Revised Code. The market value of securities	14375
subject to an overnight written repurchase agreement must exceed	14376
the principal value of the overnight written repurchase agreement	14377
by at least two per cent. A written repurchase agreement must	14378
exceed the principal value of the overnight written repurchase	14379
agreement, by at least two per cent. A written repurchase	14380
agreement shall not exceed thirty days, and the market value of	14381
securities subject to a written repurchase agreement must exceed	14382
the principal value of the written repurchase agreement by at	14383
least two per cent and be marked to market daily. All securities	14384
purchased pursuant to this division shall be delivered into the	14385
custody of the investing authority or the qualified custodian of	14386
the investing authority or an agent designated by the investing	14387
authority. A written repurchase agreement with an eligible	14388
securities dealer shall be transacted on a delivery versus payment	14389
basis. The agreement shall contain the requirement that for each	14390
transaction pursuant to the agreement the participating	14391
institution shall provide all of the following information:	14392

(1) The par value of the securities;

14393

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

14394

(3) A numerical identifier generally accepted in the	14395
securities industry that designates the securities.	14396

No investing authority shall enter into a written repurchase	14397
agreement under the terms of which the investing authority agrees	14398
to sell securities owned by the county to a purchaser and agrees	14399
with that purchaser to unconditionally repurchase those	14400
securities.	14401

(E) No investing authority shall make an investment under	14402
this section, unless the investing authority, at the time of	14403
making the investment, reasonably expects that the investment can	14404
be held until its maturity. The investing authority's written	14405
investment policy shall specify the conditions under which an	14406
investment may be redeemed or sold prior to maturity.	14407

(F) No investing authority shall pay a county's inactive	14408
moneys or moneys of a county public library fund into a fund	14409
established by another subdivision, treasurer, governing board, or	14410
investing authority, if that fund was established by the	14411
subdivision, treasurer, governing board, or investing authority	14412
for the purpose of investing or depositing the public moneys of	14413
other subdivisions. This division does not apply to the payment of	14414
public moneys into either of the following:	14415

(1) The Ohio subdivision's fund pursuant to division (A)(6)	14416
of this section;	14417

(2) A fund created solely for the purpose of acquiring,	14418
constructing, owning, leasing, or operating municipal utilities	14419
pursuant to the authority provided under section 715.02 of the	14420
Revised Code or Section 4 of Article XVIII, Ohio Constitution.	14421

For purposes of division (F) of this section, "subdivision"	14422
includes a county.	14423

(G) The use of leverage, in which the county uses its current	14424
investment assets as collateral for the purpose of purchasing	14425
other assets, is prohibited. The issuance of taxable notes for the	14426
purpose of arbitrage is prohibited. Contracting to sell securities	14427
not owned by the county, for the purpose of purchasing such	14428
securities on the speculation that bond prices will decline, is	14429
prohibited.	14430

(H) Any securities, certificates of deposit, deposit	14431
accounts, or any other documents evidencing deposits or	14432
investments made under authority of this section shall be issued	14433
in the name of the county with the county treasurer or investing	14434
authority as the designated payee. If any such deposits or	14435
investments are registrable either as to principal or interest, or	14436
both, they shall be registered in the name of the treasurer.	14437

(I) The investing authority shall be responsible for the	14438
safekeeping of all documents evidencing a deposit or investment	14439
acquired under this section, including, but not limited to,	14440
safekeeping receipts evidencing securities deposited with a	14441
qualified trustee, as provided in section 135.37 of the Revised	14442
Code, and documents confirming the purchase of securities under	14443
any repurchase agreement under this section shall be deposited	14444
with a qualified trustee, provided, however, that the qualified	14445
trustee shall be required to report to the investing authority,	14446
auditor of state, or an authorized outside auditor at any time	14447
upon request as to the identity, market value, and location of the	14448
document evidencing each security, and that if the participating	14449
institution is a designated depository of the county for the	14450
current period of designation, the securities that are the subject	14451
of the repurchase agreement may be delivered to the treasurer or	14452
held in trust by the participating institution on behalf of the	14453
investing authority.	14454

Upon the expiration of the term of office of an investing	14455
authority or in the event of a vacancy in the office for any	14456
reason, the officer or the officer's legal representative shall	14457
transfer and deliver to the officer's successor all documents	14458
mentioned in this division for which the officer has been	14459
responsible for safekeeping. For all such documents transferred	14460
and delivered, the officer shall be credited with, and the	14461
officer's successor shall be charged with, the amount of moneys	14462
evidenced by such documents.	14463

(J)(1) All investments, except for investments in securities	14464
described in divisions (A)(5), (6), and (12) of this section,	14465
shall be made only through a member of the national association of	14466
securities dealers, through a bank, savings bank, or savings and	14467
loan association regulated by the superintendent of financial	14468
institutions, or through an institution regulated by the	14469
comptroller of the currency, federal deposit insurance	14470
corporation, or board of governors of the federal reserve system.	14471

(2) Payment for investments shall be made only upon the	14472
delivery of securities representing such investments to the	14473
treasurer, investing authority, or qualified trustee. If the	14474
securities transferred are not represented by a certificate,	14475
payment shall be made only upon receipt of confirmation of	14476
transfer from the custodian by the treasurer, governing board, or	14477
qualified trustee.	14478

(K)(1) Except as otherwise provided in division (K)(2) of	14479
this section, no investing authority shall make an investment or	14480
deposit under this section, unless there is on file with the	14481
auditor of state a written investment policy approved by the	14482
investing authority. The policy shall require that all entities	14483
conducting investment business with the investing authority shall	14484
sign the investment policy of that investing authority. All	14485
brokers, dealers, and financial institutions, described in	14486
division (J)(1) of this section, initiating transactions with the	14487
investing authority by giving advice or making investment	14488
recommendations shall sign the investing authority's investment	14489
policy thereby acknowledging their agreement to abide by the	14490
policy's contents. All brokers, dealers, and financial	14491
institutions, described in division (J)(1) of this section,	14492
executing transactions initiated by the investing authority,	14493
having read the policy's contents, shall sign the investment	14494
policy thereby acknowledging their comprehension and receipt.	14495

(2) If a written investment policy described in division	14496
(K)(1) of this section is not filed on behalf of the county with	14497
the auditor of state, the investing authority of that county shall	14498
invest the county's inactive moneys and moneys of the county	14499
public library fund only in time certificates of deposits or	14500
savings or deposit accounts pursuant to division (A)(3) of this	14501
section, no-load money market mutual funds pursuant to division	14502
(A)(5) of this section, or the Ohio subdivision's fund pursuant to	14503
division (A)(6) of this section.	14504

(L)(1) The investing authority shall establish and maintain	14505
an inventory of all obligations and securities acquired by the	14506
investing authority pursuant to this section. The inventory shall	14507
include a description of each obligation or security, including	14508
type, cost, par value, maturity date, settlement date, and any	14509
coupon rate.	14510

(2) The investing authority shall also keep a complete record	14511
of all purchases and sales of the obligations and securities made	14512
pursuant to this section.	14513

(3) The investing authority shall maintain a monthly	14514
portfolio report and issue a copy of the monthly portfolio report	14515
describing such investments to the county investment advisory	14516
committee, detailing the current inventory of all obligations and	14517
securities, all transactions during the month that affected the	14518
inventory, any income received from the obligations and	14519
securities, and any investment expenses paid, and stating the	14520
names of any persons effecting transactions on behalf of the	14521
investing authority.	14522

(4) The monthly portfolio report shall be a public record and	14523
available for inspection under section 149.43 of the Revised Code.	14524

(5) The inventory and the monthly portfolio report shall be	14525
filed with the board of county commissioners. The monthly	14526
portfolio report also shall be filed with the treasurer of state.	14527

(M) An investing authority may enter into a written	14528
investment or deposit agreement that includes a provision under	14529
which the parties agree to submit to nonbinding arbitration to	14530
settle any controversy that may arise out of the agreement,	14531
including any controversy pertaining to losses of public moneys	14532
resulting from investment or deposit. The arbitration provision	14533
shall be set forth entirely in the agreement, and the agreement	14534
shall include a conspicuous notice to the parties that any party	14535
to the arbitration may apply to the court of common pleas of the	14536
county in which the arbitration was held for an order to vacate,	14537
modify, or correct the award. Any such party may also apply to the	14538
court for an order to change venue to a court of common pleas	14539
located more than one hundred miles from the county in which the	14540
investing authority is located.	14541

For purposes of this division, "investment or deposit	14542
agreement" means any agreement between an investing authority and	14543
a person, under which agreement the person agrees to invest,	14544
deposit, or otherwise manage, on behalf of the investing	14545
authority, a county's inactive moneys or moneys in a county public	14546
library fund, or agrees to provide investment advice to the	14547
investing authority.	14548

(N)(1) An investment held in the county portfolio on	14549
September 27, 1996, that was a legal investment under the law as	14550
it existed before September 27, 1996, may be held until maturity,	14551
or if the investment does not have a maturity date the investment	14552
may be held until five years from September 27, 1996, regardless	14553
of whether the investment would qualify as a legal investment	14554
under the terms of this section as amended.	14555

(2) An investment held in the county portfolio on ~~the~~	14556
~~effective date of this amendment~~September 10, 2012, that was a	14557
legal investment under the law as it existed before ~~the effective~~	14558
~~date of this amendment~~September 10, 2012, may be held until	14559
maturity.	14560

(O) Upon a majority affirmative vote of the county investment	14561
advisory committee in support of such action, an investment	14562
authority may invest up to twenty-five per cent of the county's	14563
total average portfolio of investments made under this section in	14564
securities and obligations that mature on a date that is more than	14565
ten years from the date of settlement.	14566

Sec. 135.61. As used in sections 135.61 to 135.67 of the	14567
Revised Code:	14568

(A) "Eligible small business" means any person, including,	14569
but not limited to a person engaged in agriculture, that has all	14570
of the following characteristics:	14571

(1) Is headquartered in this state;

14572

(2) Maintains offices and operating facilities exclusively in	14573
this state and transacts business in this state;	14574

(3) Employs fewer than one hundred fifty employees, the	14575
majority of whom are residents of this state;	14576

(4) Is organized for profit.

14577

(B) "Eligible lending institution" means a financial	14578
institution that is eligible to make commercial loans, is a public	14579
depository of state funds under section 135.03 of the Revised	14580
Code, and agrees to participate in the linked deposit program.	14581

(C) "Linked deposit" means a certificate of deposit or other	14582
financial institution instrument placed by the treasurer of state	14583
with an eligible lending institution at a rate below current	14584
market rates, as determined and calculated by the treasurer of	14585
state, provided the institution agrees to lend the value of such	14586
deposit, according to the deposit agreement provided in division	14587
(C) of section 135.65 of the Revised Code, to eligible small	14588
businesses at a rate that reflects an equal percentage rate	14589
reduction below the present borrowing rate applicable to each	14590
specific business at the time of the deposit of state funds in the	14591
institution.	14592

(D) "Other financial institution instrument" has the same	14593
meaning as in section 135.81 of the Revised Code.	14594

(E) "Loan" means a contractual agreement under which an	14595
eligible lending institution agrees to lend money in the form of	14596
an upfront lump sum, a line of credit, or any other reasonable	14597
arrangement approved by the treasurer of state.	14598

Sec. 135.71. As used in sections 135.71 to 135.76 of the	14599
Revised Code:	14600

(A) "Eligible agricultural business" means any person engaged	14601
in agriculture that has all of the following characteristics:	14602

(1) Is headquartered and domiciled in this state;

14603

(2) Maintains land or facilities for agricultural purposes in	14604
this state provided that the land or facilities within this state	14605
comprise not less than fifty-one per cent of the total of all	14606
lands or facilities maintained by the person;	14607

(3) Is organized for profit.

14608

(B) "Eligible lending institution" means a financial	14609
institution that is eligible to make commercial loans, agrees to	14610
participate in the agricultural linked deposit program, and:	14611

(1) Is a public depository of state funds under section	14612
135.03 of the Revised Code; or	14613

(2) Notwithstanding sections 135.01 to 135.21 of the Revised	14614
Code, is an institution of the farm credit system organized under	14615
the federal "Farm Credit Act of 1971," 85 Stat. 583, 12 U.S.C.A.	14616
2001, as amended.	14617

(C) "Agricultural linked deposit" means a certificate of	14618
deposit placed by the treasurer of state with an eligible lending	14619
institution under section 135.74 of the Revised Code or an	14620
investment in bonds, notes, debentures, or other obligations or	14621
securities issued by the federal farm credit bank with regard to	14622
an eligible lending institution.	14623

(D) "Loan" means a contractual agreement under which an	14624
eligible lending institution agrees to lend money in the form of	14625
an upfront lump sum, a line of credit, or any other reasonable	14626
arrangement approved by the treasurer of state.	14627

Sec. 135.80. (A) The legislative authority of a municipal	14628
corporation, by ordinance; the board of directors of a port	14629
authority or a lake facilities authority, by resolution; or the	14630
board of county commissioners, by resolution, may establish a	14631
linked deposit program authorizing the treasurer or governing	14632
board of the municipal corporation, the board of directors of the	14633
port authority or lake facilities authority, or the investing	14634
authority of the county, as created or designated by the ordinance	14635
or resolution, to place certificates of deposit at up to three per	14636
cent below market rates with an eligible lending institution	14637
applying for interim moneys as provided in section 135.08 of the	14638
Revised Code, selected to invest port authority or lake facilities	14639
authority moneys in linked deposit programs pursuant to section	14640
4582.54 or 353.15 of the Revised Code, or applying for inactive	14641
moneys as provided in section 135.32 of the Revised Code, provided	14642
the institution agrees to lend the value of such deposit to	14643
eligible borrowers at up to three per cent below the present	14644
borrowing rate applicable to each borrower. The ordinance or	14645
resolution shall include requirements and provisions that are	14646
necessary to establish the program, including, but not limited to:	14647

(1) Eligibility requirements for borrowers who may receive	14648
reduced rate loans under the program;	14649

(2) Application procedures for borrowers and institutions	14650
wishing to participate in the program;	14651

(3) Review procedures for applications and criteria for	14652
acceptance or rejection of applications for reduced rate loans;	14653

(4) Necessary agreements between the eligible lending	14654
institution and the treasurer or governing board of the municipal	14655
corporation, the board of directors of the port authority or lake	14656
facilities authority, or the investing authority of the county to	14657
carry out the purposes of the linked deposit program;	14658

(5) Annual reports regarding the operation of the program to	14659
be made by the treasurer or governing board to the legislative	14660
authority, the eligible lending institution to the board of	14661
directors of the port authority or lake facilities authority, or	14662
the investing authority to the board of county commissioners.	14663

(B) The municipal corporation and the treasurer or governing	14664
board, the port authority or lake facilities authority and the	14665
board of directors, and the county and the investing authority or	14666
the board of county commissioners, are not liable to any eligible	14667
lending institution in any manner for the payment of the principal	14668
or interest on any reduced rate loan made under the program, and	14669
any delay in payment or default on the part of any borrower does	14670
not in any manner affect the deposit agreement between the	14671
eligible lending institution and the treasurer or governing board,	14672
the board of directors, or the investing authority or board of	14673
county commissioners.	14674

(C) For purposes of this section~~, both of the following~~	14675
~~apply~~:	14676

(1) "Investing authority" has the same meaning as in section	14677
135.31 of the Revised Code.	14678

(2) "Port authority" means a port authority created in	14679
accordance with section 4582.22 of the Revised Code.	14680

(3) "Lake facilities authority" means a lake facilities	14681
authority created in accordance with section 353.02 of the Revised	14682
Code.	14683

Sec. 135.81. As used in sections 135.81 to 135.87 of the	14684
Revised Code:	14685

(A) "Eligible governmental subdivision" means a municipal	14686
corporation, port authority created in accordance with section	14687
4582.22 of the Revised Code, or county in this state.	14688

(B) "Eligible governmental subdivision housing linked deposit	14689
program" means any program established pursuant to section 135.80	14690
of the Revised Code by the legislative authority of a municipal	14691
corporation, the board of directors of a port authority created in	14692
accordance with section 4582.22 of the Revised Code, or the board	14693
of county commissioners of a county, in which the program goals	14694
address specific housing issues relative to the geographic	14695
boundaries of that municipal corporation, port authority, or	14696
county. These program goals include, but are not limited to, home	14697
improvement, home restoration, energy efficiency, retention of	14698
historic significance, controlling urban sprawl, neighborhood	14699
revitalization, affordable housing, home ownership for persons	14700
unable to secure conventional financing, urban development, or	14701
economic revitalization of a residential area as a result of a	14702
natural disaster or other catastrophic occurrence.	14703

(C) "Eligible housing linked deposit participant" means any	14704
person or small business that meets the requirements set forth in	14705
an eligible governmental subdivision housing linked deposit	14706
program or set forth by the treasurer of state pursuant to	14707
division (B)(2) of section 135.82 of the Revised Code and that is	14708
a resident of this state.	14709

(D) "Eligible lending institution" means a financial	14710
institution meeting all of the following:	14711

(1) It is eligible to make commercial loans or residential	14712
loans.	14713

(2) It is a public depository of state funds under section	14714
135.03 of the Revised Code.	14715

(3) It agrees to participate in a program to provide housing	14716
linked deposits.	14717

(E) "Housing linked deposit" means a certificate of deposit	14718
or other financial institution instrument, described in section	14719
135.85 of the Revised Code, placed by the treasurer of state with	14720
an eligible lending institution, in accordance with division (B)	14721
of section 135.84 of the Revised Code, provided that the	14722
institution agrees, at the time of the deposit of state funds and	14723
for the period of the deposit, to lend the value of the deposit	14724
according to the deposit agreement described in section 135.85 of	14725
the Revised Code to eligible housing linked deposit participants	14726
at a fixed interest rate of up to three hundred basis points below	14727
the present borrowing rate applicable to each participant in the	14728
absence of approval to participate in the programs described in	14729
division (B) of section 135.82 of the Revised Code.	14730

(F) "Other financial institution instrument" means a fully	14731
collateralized product that otherwise would pay market rates of	14732
interest approved by the treasurer of state, for the purpose of	14733
providing eligible housing linked deposit participants with the	14734
benefits of a housing linked deposit.	14735

(G) "Loan" means a contractual agreement under which an	14736
eligible lending institution agrees to lend money in the form of	14737
an upfront lump sum, a line of credit, or any other reasonable	14738
arrangement approved by the treasurer of state.	14739

Sec. 135.85. (A) Upon placement of a housing linked deposit	14740
with an eligible lending institution pursuant to division (B) of	14741
section 135.84 of the Revised Code, the eligible lending	14742
institution shall do both of the following:	14743

(1) Enter into a deposit agreement with the treasurer of	14744
state that includes all of the following:	14745

(a) Any requirements necessary to carry out the purposes of	14746
sections 135.81 to 135.87 of the Revised Code;	14747

(b) Provisions for any certificate of deposit or other	14748
financial institution instrument meeting the requirements	14749
described in division (B) of this section and placed for any	14750
maturity considered appropriate by the treasurer of state but not	14751
exceeding five years;	14752

(c) A specification of the period of time in which the	14753
eligible lending institution is to provide the reduced interest	14754
rate to an approved applicant.	14755

(2) Lend funds as provided in division (C) of this section	14756
and in accordance with the deposit agreement described in this	14757
section to each eligible housing linked deposit participant	14758
approved by the treasurer of state pursuant to division (A) of	14759
section 135.84 of the Revised Code.	14760

(B) Both of the following apply to any certificate of deposit	14761
or other financial institution instrument described in division	14762
(A)(1)(b) of this section:	14763

(1) The certificate of deposit or other financial institution	14764
instrument shall not be renewed upon final maturity.	14765

(2) Interest shall be paid at the times and in the manner	14766
prescribed by the treasurer of state.	14767

(C) The loan described in division (A)(2) of this section	14768
shall be at a fixed rate of up to three hundred basis points below	14769
the present borrowing rate that would apply to the eligible	14770
housing linked deposit participant in the absence of approval to	14771
participate in the programs described in division (B) of section	14772
135.82 of the Revised Code.	14773

(D) A certificate of compliance with this section in the form	14774
and manner prescribed by the treasurer of state shall be provided	14775
by the eligible lending institution.	14776

(E)(1) Any delay in payments or default on the part of the	14777
eligible housing linked deposit participant does not in any manner	14778
affect the deposit agreement between the eligible lending	14779
institution and the treasurer of state.	14780

(2) If an eligible lending institution changes the terms of a	14781
loan to an eligible housing linked deposit participant because of	14782
a delay in payments or default, the housing linked deposit amount	14783
shall be returned to the treasurer of state by the eligible	14784
lending institution. In which case, the deposit amount plus	14785
interest and without early withdrawal penalties shall be returned	14786
in a timely manner as prescribed by the treasurer of state.	14787

(F) An eligible lending institution shall comply fully with	14788
sections 135.81 to 135.87 of the Revised Code.	14789

Sec. 140.01. As used in this chapter:

14790

(A) "Hospital agency" means any public hospital agency or any	14791
nonprofit hospital agency.	14792

(B) "Public hospital agency" means any county, board of	14793
county hospital trustees established pursuant to section 339.02 of	14794
the Revised Code, county hospital commission established pursuant	14795
to section 339.14 of the Revised Code, municipal corporation, new	14796
community authority organized under Chapter 349. of the Revised	14797
Code, joint township hospital district, state or municipal	14798
university or college operating or authorized to operate a	14799
hospital facility, or the state.	14800

(C) "Nonprofit hospital agency" means a corporation or	14801
association not for profit, no part of the net earnings of which	14802
inures or may lawfully inure to the benefit of any private	14803
shareholder or individual, that has authority to own or operate a	14804
hospital facility or provides or is to provide services to one or	14805
more other hospital agencies.	14806

(D) "Governing body" means, in the case of a county, the	14807
board of county commissioners or other legislative body; in the	14808
case of a board of county hospital trustees, the board; in the	14809
case of a county hospital commission, the commission; in the case	14810
of a municipal corporation, the council or other legislative	14811
authority; in the case of a new community authority, its board of	14812
trustees; in the case of a joint township hospital district, the	14813
joint township district hospital board; in the case of a state or	14814
municipal university or college, its board of trustees or board of	14815
directors; in the case of a nonprofit hospital agency, the board	14816
of trustees or other body having general management of the agency;	14817
and, in the case of the state, the director of development	14818
services or the Ohio higher educational facility commission.	14819

(E) "Hospital facilities" means buildings, structures and	14820
other improvements, additions thereto and extensions thereof,	14821
furnishings, equipment, and real estate and interests in real	14822
estate, used or to be used for or in connection with one or more	14823
hospitals, emergency, intensive, intermediate, extended,	14824
long-term, or self-care facilities, diagnostic and treatment and	14825
out-patient facilities, facilities related to programs for home	14826
health services, clinics, laboratories, public health centers,	14827
research facilities, and rehabilitation facilities, for or	14828
pertaining to diagnosis, treatment, care, or rehabilitation of	14829
sick, ill, injured, infirm, impaired, disabled, or handicapped	14830
persons, or the prevention, detection, and control of disease, and	14831
also includes education, training, and food service facilities for	14832
health professions personnel, housing facilities for such	14833
personnel and their families, and parking and service facilities	14834
in connection with any of the foregoing; and includes any one,	14835
part of, or any combination of the foregoing; and further includes	14836
site improvements, utilities, machinery, facilities, furnishings,	14837
and any separate or connected buildings, structures, improvements,	14838
sites, utilities, facilities, or equipment to be used in, or in	14839
connection with the operation or maintenance of, or supplementing	14840
or otherwise related to the services or facilities to be provided	14841
by, any one or more of such hospital facilities.	14842

(F) "Costs of hospital facilities" means the costs of	14843
acquiring hospital facilities or interests in hospital facilities,	14844
including membership interests in nonprofit hospital agencies,	14845
costs of constructing hospital facilities, costs of improving one	14846
or more hospital facilities, including reconstructing,	14847
rehabilitating, remodeling, renovating, and enlarging, costs of	14848
equipping and furnishing such facilities, and all financing costs	14849
pertaining thereto, including, without limitation thereto, costs	14850
of engineering, architectural, and other professional services,	14851
designs, plans, specifications and surveys, and estimates of cost,	14852
costs of tests and inspections, the costs of any indemnity or	14853
surety bonds and premiums on insurance, all related direct or	14854
allocable administrative expenses pertaining thereto, fees and	14855
expenses of trustees, depositories, and paying agents for the	14856
obligations, cost of issuance of the obligations and financing	14857
charges and fees and expenses of financial advisors, attorneys,	14858
accountants, consultants and rating services in connection	14859
therewith, capitalized interest on the obligations, amounts	14860
necessary to establish reserves as required by the bond	14861
proceedings, the reimbursement of all moneys advanced or applied	14862
by the hospital agency or others or borrowed from others for the	14863
payment of any item or items of costs of such facilities, and all	14864
other expenses necessary or incident to planning or determining	14865
feasibility or practicability with respect to such facilities, and	14866
such other expenses as may be necessary or incident to the	14867
acquisition, construction, reconstruction, rehabilitation,	14868
remodeling, renovation, enlargement, improvement, equipment, and	14869
furnishing of such facilities, the financing thereof, and the	14870
placing of the same in use and operation, including any one, part	14871
of, or combination of such classes of costs and expenses, and	14872
means the costs of refinancing obligations issued by, or	14873
reimbursement of money advanced by, nonprofit hospital agencies or	14874
others the proceeds of which were used for the payment of costs of	14875
hospital facilities, if the governing body of the public hospital	14876
agency determines that the refinancing or reimbursement advances	14877
the purposes of this chapter, whether or not the refinancing or	14878
reimbursement is in conjunction with the acquisition or	14879
construction of additional hospital facilities.	14880

(G) "Hospital receipts" means all moneys received by or on	14881
behalf of a hospital agency from or in connection with the	14882
ownership, operation, acquisition, construction, improvement,	14883
equipping, or financing of any hospital facilities, including,	14884
without limitation thereto, any rentals and other moneys received	14885
from the lease, sale, or other disposition of hospital facilities,	14886
and any gifts, grants, interest subsidies, or other moneys	14887
received under any federal program for assistance in financing the	14888
costs of hospital facilities, and any other gifts, grants, and	14889
donations, and receipts therefrom, available for financing the	14890
costs of hospital facilities.	14891

(H) "Obligations" means bonds, notes, or other evidences of	14892
indebtedness or obligation, including interest coupons pertaining	14893
thereto, issued or issuable by a public hospital agency to pay	14894
costs of hospital facilities.	14895

(I) "Bond service charges" means principal, interest, and	14896
call premium, if any, required to be paid on obligations.	14897

(J) "Bond proceedings" means one or more ordinances,	14898
resolutions, trust agreements, indentures, and other agreements or	14899
documents, and amendments and supplements to the foregoing, or any	14900
combination thereof, authorizing or providing for the terms,	14901
including any variable interest rates, and conditions applicable	14902
to, or providing for the security of, obligations and the	14903
provisions contained in such obligations.	14904

(K) "Nursing home" has the same meaning as in division (A)(1)	14905
of section 5701.13 of the Revised Code.	14906

(L) "Residential care facility" has the same meaning as in	14907
division (A)(2) of section 5701.13 of the Revised Code.	14908

(M) "Independent living facility" means any self-care	14909
facility or other housing facility designed or used as a residence	14910
for elderly persons. An "independent living facility" does not	14911
include a residential facility, or that part of a residential	14912
facility, that is any of the following:	14913

(1) A hospital required to be certified by section 3727.02 of	14914
the Revised Code;	14915

(2) A nursing home or residential care facility;

14916

(3) A facility operated by a hospice care program licensed	14917
under section 3712.04 of the Revised Code and used for the	14918
program's hospice patients;	14919

(4) A residential facility licensed by the department of	14920
~~mental health~~mental health and addiction services under section	14921
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	14922
supervision, and personal care services for three to sixteen	14923
unrelated adults;	14924

(5) A residential facility licensed by the department of	14925
~~mental health~~mental health and addiction services under section	14926
~~5119.22~~5119.34 of the Revised Code that is not a residential	14927
facility described in division (M)(4) of this section;	14928

(6) A facility licensed to provide methadone treatment under	14929
section ~~3793.11~~5119.39 of the Revised Code;	14930

(7) A facility certified as ~~an alcohol and drug~~a community	14931
addiction ~~program~~services provider under section ~~3793.06~~5119.36	14932
of the Revised Code;	14933

(8) A residential facility licensed under section 5123.19 of	14934
the Revised Code or a facility providing services under a contract	14935
with the department of developmental disabilities under section	14936
5123.18 of the Revised Code;	14937

(9) A residential facility used as part of a hospital to	14938
provide housing for staff of the hospital or students pursuing a	14939
course of study at the hospital.	14940

Sec. 140.03. (A) Two or more hospital agencies may enter	14941
into agreements for the acquisition, construction, reconstruction,	14942
rehabilitation, remodeling, renovating, enlarging, equipping, and	14943
furnishing of hospital facilities, or the management, operation,	14944
occupancy, use, maintenance, and repair of hospital facilities, or	14945
for participation in programs, projects, activities, and services	14946
useful to, connected with, supplementing, or otherwise related to	14947
the services provided by, or the operation of, hospital facilities	14948
operated by one or more participating hospital agencies, including	14949
any combination of such purposes, all in such manner as to promote	14950
the public purpose stated in section 140.02 of the Revised Code. A	14951
city health district; general health district; board of alcohol,	14952
drug addiction, and mental health services; county board of	14953
developmental disabilities; the department of ~~mental health~~mental	14954
health and addiction services; the department of developmental	14955
disabilities; or any public body engaged in the education or	14956
training of health professions personnel may join in any such	14957
agreement for purposes related to its authority under laws	14958
applicable to it, and as such a participant shall be considered a	14959
public hospital agency or hospital agency for the purposes of this	14960
section.	14961

(B) An agreement entered into under authority of this section	14962
shall, where appropriate, provide for:	14963

(1) The manner in which the title to the hospital facilities,	14964
including the sites and interest in real estate pertaining	14965
thereto, is to be held, transferred, or disposed of;	14966

(2) Unless provided for by lease pursuant to section 140.05	14967
of the Revised Code, the method by which such hospital facilities	14968
are to be acquired, constructed, or otherwise improved and by	14969
which they shall be managed, occupied, maintained, and repaired,	14970
including the designation of one of the hospital agencies to have	14971
charge of the details of acquisition, construction, or improvement	14972
pursuant to the contracting procedures prescribed under the law	14973
applicable to one of the participating public hospital agencies;	14974

(3) The management or administration of any such programs,	14975
projects, activities, or services, which may include management or	14976
administration by one of said hospital agencies or a board or	14977
agency thereof;	14978

(4) Annual, or more frequent, reports to the participating	14979
hospital agencies as to the revenues and receipts pertaining to	14980
the subject of the agreement, the expenditures thereof, the status	14981
and application of other funds contributed under such agreement,	14982
and such other matters as may be specified by or pursuant to such	14983
agreement;	14984

(5) The manner of apportionment or sharing of costs of	14985
hospital facilities, any other applicable costs of management,	14986
operation, maintenance, and repair of hospital facilities, and	14987
costs for the programs, projects, activities, and services forming	14988
the subject of the agreement, which apportionment or sharing may	14989
be prescribed in fixed amounts, or determined by ratios, formulas,	14990
or otherwise, and paid as service charges, rentals, or in such	14991
other manner as provided in the agreement, and may include amounts	14992
sufficient to meet the bond service charges and other payments and	14993
deposits required under the bond proceedings for obligations	14994
issued to pay costs of hospital facilities. A hospital agency may	14995
commit itself to make such payments at least for so long as any	14996
such obligations are outstanding. In the apportionment, different	14997
classes of costs or expenses may be apportioned to one or more,	14998
all or less than all, of the participating hospital agencies as	14999
determined under such agreement.	15000

(C) An agreement entered into under authority of this section	15001
may provide for:	15002

(1) An orderly process for making determinations or advising	15003
as to planning, execution, implementation, and operation, which	15004
may include designating one of the hospital agencies, or a board	15005
thereof, for any of such purposes, provisions for a committee,	15006
board, or commission, and for representation thereon, or as may	15007
otherwise be provided;	15008

(2) Securing necessary personnel, including participation of	15009
personnel from the respective hospital agencies;	15010

(3) Standards or conditions for the admission or	15011
participation of patients and physicians;	15012

(4) Conditions for admittance of other hospital agencies to	15013
participation under the agreement;	15014

(5) Fixing or establishing the method of determining charges	15015
to be made for particular services;	15016

(6) The manner of amending, supplementing, terminating, or	15017
withdrawal or removal of any party from, the agreement, and the	15018
term of the agreement, or an indefinite term;	15019

(7) Designation of the applicants for or recipients of any	15020
federal, state, or other aid, assistance, or loans available by	15021
reason of any activities conducted under the agreement;	15022

(8) Designation of one or more of the participating hospital	15023
agencies to maintain, prepare, and submit, on behalf of all	15024
parties to the agreement, any or all records and reports with	15025
regard to the activities conducted under the agreement;	15026

(9) Any incidental use of the hospital facilities, or	15027
services thereof, by participating public hospital agencies for	15028
any of their lawful purposes, which incidental use does not impair	15029
the character of the facilities as hospital facilities for any	15030
purpose of this chapter;	15031

(10) Such other matters as the parties thereto may agree upon	15032
for the purposes of division (A) of this section.	15033

(D) For the purpose of paying or contributing its share under	15034
an agreement made under this section, a public hospital agency	15035
may:	15036

(1) Expend any moneys from its general fund, and from any	15037
other funds not otherwise restricted by law, but including funds	15038
for permanent improvements of hospital facilities of such public	15039
hospital agency where the contribution is to be made toward the	15040
costs of hospital facilities under the agreement, and including	15041
funds derived from levies for, or receipts available for,	15042
operating expenses of hospital facilities or services of such	15043
public hospital agency where the contribution or payment is to be	15044
made toward operating expenses of the hospital facilities or	15045
services under the agreement or for the services provided thereby;	15046

(2) Issue obligations under Chapter 133. or section 140.06,	15047
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	15048
3 of Article XVIII, Ohio Constitution, if applicable to such	15049
public hospital agency, to pay costs of hospital facilities, or	15050
issue obligations under any other provision of law authorizing	15051
such public hospital agency to issue obligations for any costs of	15052
hospital facilities;	15053

(3) Levy taxes under Chapter 5705. or section 513.13 or	15054
3709.29 of the Revised Code, if applicable to such public hospital	15055
agency, provided that the purpose of such levy may include the	15056
provision of funds for either or both permanent improvements and	15057
current expenses if required for the contribution or payment of	15058
such hospital agency under such agreement, and each such public	15059
hospital agency may issue notes in anticipation of any such levy,	15060
pursuant to the procedures provided in section 5705.191 of the	15061
Revised Code if the levy is solely for current expenses, and in	15062
section 5705.193 of the Revised Code if the levy is all or in part	15063
for permanent improvements;	15064

(4) Contribute real and personal property or interest therein	15065
without necessity for competitive bidding or public auction on	15066
disposition of such property.	15067

(E) Any funds provided by public hospital agencies that are	15068
parties to an agreement entered into under this section shall be	15069
transferred to and placed in a separate fund or funds of such	15070
participating public hospital agency as is designated under the	15071
agreement. The funds shall be applied for the purposes provided in	15072
such agreement and are subject to audit. Pursuant to any	15073
determinations to be made under such agreement, the funds shall be	15074
deposited, invested, and disbursed under the provisions of law	15075
applicable to the public hospital agency in whose custody the	15076
funds are held. This division is subject to the provisions of any	15077
applicable bond proceedings under section 133.08, 140.06, 339.15,	15078
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	15079
Constitution. The records and reports of such public hospital	15080
agency under Chapter 117. of the Revised Code and sections 3702.51	15081
to 3702.62 of the Revised Code, with respect to the funds shall be	15082
sufficient without necessity for reports thereon by the other	15083
public hospital agencies participating under such agreement.	15084

(F)(1) Prior to its entry into any such agreement, the public	15085
hospital agency must determine, and set forth in a resolution or	15086
ordinance, that the contribution to be made by it under such	15087
agreement will be fair consideration for value and benefit to be	15088
derived by it under such agreement and that the agreement will	15089
promote the public purpose stated in section 140.02 of the Revised	15090
Code.	15091

(2) If the agreement is with a board of county commissioners,	15092
board of county hospital trustees, or county hospital commission	15093
and is an initial agreement for the acquisition or operation of a	15094
county hospital operated by a board of county hospital trustees	15095
under section 339.06 of the Revised Code, the governing body of	15096
the public hospital agency shall submit the agreement, accompanied	15097
by the resolution or ordinance, to the board of county	15098
commissioners for review pursuant to section 339.091 of the	15099
Revised Code. The agreement may be entered into only if the board	15100
of county commissioners adopts a resolution under that section.	15101
The requirements of division (F)(2) of this section do not apply	15102
to the agreement if one or more hospitals classified as general	15103
hospitals by the director of health under section 3701.07 of the	15104
Revised Code are operating in the same county as the county	15105
hospital.	15106

Sec. 140.05. (A)(1) A public hospital agency may lease any	15107
hospital facility to one or more hospital agencies for use as a	15108
hospital facility, or to one or more city or general health	15109
districts; boards of alcohol, drug addiction, and mental health	15110
services; county boards of developmental disabilities; the	15111
department of ~~mental health~~mental health and addiction services;	15112
or the department of developmental disabilities, for uses which	15113
they are authorized to make thereof under the laws applicable to	15114
them, or any combination of them, and they may lease such	15115
facilities to or from a hospital agency for such uses, upon such	15116
terms and conditions as are agreed upon by the parties. Such lease	15117
may be for a term of fifty years or less and may provide for an	15118
option of the lessee to renew for a term of fifty years or less,	15119
as therein set forth. Prior to entering into such lease, the	15120
governing body of any public hospital agency granting such lease	15121
must determine, and set forth in a resolution or ordinance, that	15122
such lease will promote the public purpose stated in section	15123
140.02 of the Revised Code and that the lessor public hospital	15124
agency will be duly benefited thereby.	15125

(2) If the lease is with a board of county commissioners,	15126
board of county hospital trustees, or county hospital commission	15127
and is an agreement for the initial lease of a county hospital	15128
operated by a board of county hospital trustees under section	15129
339.06 of the Revised Code, the governing body of the public	15130
hospital agency shall submit the agreement, accompanied by the	15131
resolution or ordinance, to the board of county commissioners for	15132
review pursuant to section 339.091 of the Revised Code. The	15133
agreement may be entered into only if the board of county	15134
commissioners adopts a resolution under that section. The	15135
requirements of division (A)(2) of this section do not apply to	15136
the lease if one or more hospitals classified as general hospitals	15137
by the director of health under section 3701.07 of the Revised	15138
Code are operating in the same county as the county hospital.	15139

(B) Any lease entered into pursuant to this section shall	15140
provide that in the event that the lessee fails faithfully and	15141
efficiently to administer, maintain, and operate such leased	15142
facilities as hospital facilities, or fails to provide the	15143
services thereof without regard to race, creed, color, or national	15144
origin, or fails to require that any hospital agency using such	15145
facilities or the services thereof shall not discriminate by	15146
reason of race, creed, color, or national origin, after an	15147
opportunity to be heard upon written charges, said lease may be	15148
terminated at the time, in the manner and with consequences	15149
therein provided. If any such lease does not contain terms to the	15150
effect provided in this division, it shall nevertheless be deemed	15151
to contain such terms which shall be implemented as determined by	15152
the governing body of the lessor.	15153

(C) Such lease may provide for rentals commencing at any time	15154
agreed upon, or advance rental, and continuing for such period	15155
therein provided, notwithstanding and without diminution, rebate,	15156
or setoff by reason of time of availability of the hospital	15157
facility for use, delays in construction, failure of completion,	15158
damage or destruction of the hospital facilities, or for any other	15159
reason.	15160

(D) Such lease may provide for the sale or transfer of title	15161
of the leased facilities pursuant to an option to purchase,	15162
lease-purchase, or installment purchase upon terms therein	15163
provided or to be determined as therein provided, which may	15164
include provision for the continued use thereof as a hospital	15165
facility for some reasonable period, taking into account efficient	15166
useful life and other factors, as is provided therein.	15167

(E) Such lease may be entered as part of or in connection	15168
with an agreement pursuant to section 140.03 of the Revised Code.	15169
Any hospital facilities which are the subject of an agreement	15170
entered into under section 140.03 of the Revised Code may be	15171
leased pursuant to this section.	15172

(F) If land acquired by a public hospital agency for a	15173
hospital facility is adjacent to an existing hospital facility	15174
owned by another hospital agency, the public hospital agency may,	15175
in connection with such acquisition or the leasing of such land	15176
and hospital facilities thereon to one or more hospital agencies,	15177
enter into an agreement with the hospital agency which owns such	15178
adjacent hospital facility for the use of common walls in the	15179
construction, operation, or maintenance of hospital facilities of	15180
the public hospital agency. For the purpose of construction,	15181
operation, or maintenance of hospital facilities, a public	15182
hospital agency may acquire by purchase, gift, lease, lease with	15183
option to purchase, lease-purchase, or installment purchase,	15184
easement deed, or other agreement, real estate and interests in	15185
real estate, including rights to use space over, under or upon	15186
real property owned by others, and support, access, common wall,	15187
and other rights in connection therewith. Any public hospital	15188
agency or other political subdivision or any public agency, board,	15189
commission, institution, body, or instrumentality may grant such	15190
real estate, interests, or rights to any hospital agency upon such	15191
terms as are agreed upon without necessity for competitive bidding	15192
or public auction.	15193

Sec. 145.01. As used in this chapter:

15194

(A) "Public employee" means:

15195

(1) Any person holding an office, not elective, under the	15196
state or any county, township, municipal corporation, park	15197
district, conservancy district, sanitary district, health	15198
district, metropolitan housing authority, state retirement board,	15199
Ohio historical society, public library, county law library, union	15200
cemetery, joint hospital, institutional commissary, state	15201
university, or board, bureau, commission, council, committee,	15202
authority, or administrative body as the same are, or have been,	15203
created by action of the general assembly or by the legislative	15204
authority of any of the units of local government named in	15205
division (A)(1) of this section, or employed and paid in whole or	15206
in part by the state or any of the authorities named in division	15207
(A)(1) of this section in any capacity not covered by section	15208
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	15209

(2) A person who is a member of the public employees	15210
retirement system and who continues to perform the same or similar	15211
duties under the direction of a contractor who has contracted to	15212
take over what before the date of the contract was a publicly	15213
operated function. The governmental unit with which the contract	15214
has been made shall be deemed the employer for the purposes of	15215
administering this chapter.	15216

(3) Any person who is an employee of a public employer,	15217
notwithstanding that the person's compensation for that employment	15218
is derived from funds of a person or entity other than the	15219
employer. Credit for such service shall be included as total	15220
service credit, provided that the employee makes the payments	15221
required by this chapter, and the employer makes the payments	15222
required by sections 145.48 and 145.51 of the Revised Code.	15223

(4) A person who elects in accordance with section 145.015 of	15224
the Revised Code to remain a contributing member of the public	15225
employees retirement system.	15226

(5) A person who is an employee of the legal rights service	15227
on September 30, 2012, and continues to be employed by the	15228
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	15229
153 of the 129th general assembly. The nonprofit entity is the	15230
employer for the purpose of this chapter.	15231

In all cases of doubt, the public employees retirement board	15232
shall determine under section 145.036, 145.037, or 145.038 of the	15233
Revised Code whether any person is a public employee, and its	15234
decision is final.	15235

(B) "Member" means any public employee, other than a public	15236
employee excluded or exempted from membership in the retirement	15237
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	15238
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	15239
retirant who becomes a member under division (C) of section 145.38	15240
of the Revised Code. "Member" also includes a disability benefit	15241
recipient.	15242

(C) "Head of the department" means the elective or appointive	15243
head of the several executive, judicial, and administrative	15244
departments, institutions, boards, and commissions of the state	15245
and local government as the same are created and defined by the	15246
laws of this state or, in case of a charter government, by that	15247
charter.	15248

(D) "Employer" or "public employer" means the state or any	15249
county, township, municipal corporation, park district,	15250
conservancy district, sanitary district, health district,	15251
metropolitan housing authority, state retirement board, Ohio	15252
historical society, public library, county law library, union	15253
cemetery, joint hospital, institutional commissary, state medical	15254
university, state university, or board, bureau, commission,	15255
council, committee, authority, or administrative body as the same	15256
are, or have been, created by action of the general assembly or by	15257
the legislative authority of any of the units of local government	15258
named in this division not covered by section 742.01, 3307.01,	15259
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	15260
means the employer of any public employee.	15261

(E) "Prior military service" also means all service credited	15262
for active duty with the armed forces of the United States as	15263
provided in section 145.30 of the Revised Code.	15264

(F) "Contributor" means any person who has an account in the	15265
employees' savings fund created by section 145.23 of the Revised	15266
Code. When used in the sections listed in division (B) of section	15267
145.82 of the Revised Code, "contributor" includes any person	15268
participating in a PERS defined contribution plan.	15269

(G) "Beneficiary" or "beneficiaries" means the estate or a	15270
person or persons who, as the result of the death of a member,	15271
contributor, or retirant, qualify for or are receiving some right	15272
or benefit under this chapter.	15273

(H)(1) "Total service credit," except as provided in section	15274
145.37 of the Revised Code, means all service credited to a member	15275
of the retirement system since last becoming a member, including	15276
restored service credit as provided by section 145.31 of the	15277
Revised Code; credit purchased under sections 145.293 and 145.299	15278
of the Revised Code; all the member's military service credit	15279
computed as provided in this chapter; all service credit	15280
established pursuant to section 145.297 of the Revised Code; and	15281
any other service credited under this chapter. For the exclusive	15282
purpose of satisfying the service credit requirement and of	15283
determining eligibility for benefits under sections 145.32,	15284
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	15285
Revised Code, "five or more years of total service credit" means	15286
sixty or more calendar months of contributing service in this	15287
system.	15288

(2) "One and one-half years of contributing service credit,"	15289
as used in division (B) of section 145.45 of the Revised Code,	15290
also means eighteen or more calendar months of employment by a	15291
municipal corporation that formerly operated its own retirement	15292
plan for its employees or a part of its employees, provided that	15293
all employees of that municipal retirement plan who have eighteen	15294
or more months of such employment, upon establishing membership in	15295
the public employees retirement system, shall make a payment of	15296
the contributions they would have paid had they been members of	15297
this system for the eighteen months of employment preceding the	15298
date membership was established. When that payment has been made	15299
by all such employee members, a corresponding payment shall be	15300
paid into the employers' accumulation fund by that municipal	15301
corporation as the employer of the employees.	15302

(3) Where a member also is a member of the state teachers	15303
retirement system or the school employees retirement system, or	15304
both, except in cases of retirement on a combined basis pursuant	15305
to section 145.37 of the Revised Code or as provided in section	15306
145.383 of the Revised Code, service credit for any period shall	15307
be credited on the basis of the ratio that contributions to the	15308
public employees retirement system bear to total contributions in	15309
all state retirement systems.	15310

(4) Not more than one year of credit may be given for any	15311
period of twelve months.	15312

(5) "Ohio service credit" means credit for service that was	15313
rendered to the state or any of its political subdivisions or any	15314
employer.	15315

(I) "Regular interest" means interest at any rates for the	15316
respective funds and accounts as the public employees retirement	15317
board may determine from time to time.	15318

(J) "Accumulated contributions" means the sum of all amounts	15319
credited to a contributor's individual account in the employees'	15320
savings fund together with any interest credited to the	15321
contributor's account under section 145.471 or 145.472 of the	15322
Revised Code.	15323

(K)(1) "Final average salary" means the greater of the	15324
following:	15325

(a) The sum of the member's earnable salaries for the	15326
appropriate number of calendar years of contributing service,	15327
determined under section 145.017 of the Revised Code, in which the	15328
member's earnable salary was highest, divided by the same number	15329
of calendar years or, if the member has fewer than the appropriate	15330
number of calendar years of contributing service, the total of the	15331
member's earnable salary for all years of contributing service	15332
divided by the number of calendar years of the member's	15333
contributing service;	15334

(b) The sum of a member's earnable salaries for the	15335
appropriate number of consecutive months, determined under section	15336
145.017 of the Revised Code, that were the member's last months of	15337
service, up to and including the last month, divided by the	15338
appropriate number of years or, if the time between the first and	15339
final months of service is less than the appropriate number of	15340
consecutive months, the total of the member's earnable salary for	15341
all months of contributing service divided by the number of years	15342
between the first and final months of contributing service,	15343
including any fraction of a year, except that the member's final	15344
average salary shall not exceed the member's highest earnable	15345
salary for any twelve consecutive months.	15346

(2) If contributions were made in only one calendar year,	15347
"final average salary" means the member's total earnable salary.	15348

(L) "Annuity" means payments for life derived from	15349
contributions made by a contributor and paid from the annuity and	15350
pension reserve fund as provided in this chapter. All annuities	15351
shall be paid in twelve equal monthly installments.	15352

(M) "Annuity reserve" means the present value, computed upon	15353
the basis of the mortality and other tables adopted by the board,	15354
of all payments to be made on account of any annuity, or benefit	15355
in lieu of any annuity, granted to a retirant as provided in this	15356
chapter.	15357

(N)(1) "Disability retirement" means retirement as provided	15358
in section 145.36 of the Revised Code.	15359

(2) "Disability allowance" means an allowance paid on account	15360
of disability under section 145.361 of the Revised Code.	15361

(3) "Disability benefit" means a benefit paid as disability	15362
retirement under section 145.36 of the Revised Code, as a	15363
disability allowance under section 145.361 of the Revised Code, or	15364
as a disability benefit under section 145.37 of the Revised Code.	15365

(4) "Disability benefit recipient" means a member who is	15366
receiving a disability benefit.	15367

(O) "Age and service retirement" means retirement as provided	15368
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	15369
and former section 145.34 of the Revised Code.	15370

(P) "Pensions" means annual payments for life derived from	15371
contributions made by the employer that at the time of retirement	15372
are credited into the annuity and pension reserve fund from the	15373
employers' accumulation fund and paid from the annuity and pension	15374
reserve fund as provided in this chapter. All pensions shall be	15375
paid in twelve equal monthly installments.	15376

(Q) "Retirement allowance" means the pension plus that	15377
portion of the benefit derived from contributions made by the	15378
member.	15379

(R)(1) Except as otherwise provided in division (R) of this	15380
section, "earnable salary" means all salary, wages, and other	15381
earnings paid to a contributor by reason of employment in a	15382
position covered by the retirement system. The salary, wages, and	15383
other earnings shall be determined prior to determination of the	15384
amount required to be contributed to the employees' savings fund	15385
under section 145.47 of the Revised Code and without regard to	15386
whether any of the salary, wages, or other earnings are treated as	15387
deferred income for federal income tax purposes. "Earnable salary"	15388
includes the following:	15389

(a) Payments made by the employer in lieu of salary, wages,	15390
or other earnings for sick leave, personal leave, or vacation used	15391
by the contributor;	15392

(b) Payments made by the employer for the conversion of sick	15393
leave, personal leave, and vacation leave accrued, but not used if	15394
the payment is made during the year in which the leave is accrued,	15395
except that payments made pursuant to section 124.383 or 124.386	15396
of the Revised Code are not earnable salary;	15397

(c) Allowances paid by the employer for maintenance,	15398
consisting of housing, laundry, and meals, as certified to the	15399
retirement board by the employer or the head of the department	15400
that employs the contributor;	15401

(d) Fees and commissions paid under section 507.09 of the	15402
Revised Code;	15403

(e) Payments that are made under a disability leave program	15404
sponsored by the employer and for which the employer is required	15405
by section 145.296 of the Revised Code to make periodic employer	15406
and employee contributions;	15407

(f) Amounts included pursuant to former division (K)(3) and	15408
former division (Y) of this section and section 145.2916 of the	15409
Revised Code.	15410

(2) "Earnable salary" does not include any of the following:

15411

(a) Fees and commissions, other than those paid under section	15412
507.09 of the Revised Code, paid as sole compensation for personal	15413
services and fees and commissions for special services over and	15414
above services for which the contributor receives a salary;	15415

(b) Amounts paid by the employer to provide life insurance,	15416
sickness, accident, endowment, health, medical, hospital, dental,	15417
or surgical coverage, or other insurance for the contributor or	15418
the contributor's family, or amounts paid by the employer to the	15419
contributor in lieu of providing the insurance;	15420

(c) Incidental benefits, including lodging, food, laundry,	15421
parking, or services furnished by the employer, or use of the	15422
employer's property or equipment, or amounts paid by the employer	15423
to the contributor in lieu of providing the incidental benefits;	15424

(d) Reimbursement for job-related expenses authorized by the	15425
employer, including moving and travel expenses and expenses	15426
related to professional development;	15427

(e) Payments for accrued but unused sick leave, personal	15428
leave, or vacation that are made at any time other than in the	15429
year in which the sick leave, personal leave, or vacation was	15430
accrued;	15431

(f) Payments made to or on behalf of a contributor that are	15432
in excess of the annual compensation that may be taken into	15433
account by the retirement system under division (a)(17) of section	15434
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	15435
U.S.C.A. 401(a)(17), as amended;	15436

(g) Payments made under division (B), (C), or (E) of section	15437
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	15438
No. 3 of the 119th general assembly, Section 3 of Amended	15439
Substitute Senate Bill No. 164 of the 124th general assembly, or	15440
Amended Substitute House Bill No. 405 of the 124th general	15441
assembly;	15442

(h) Anything of value received by the contributor that is	15443
based on or attributable to retirement or an agreement to retire,	15444
except that payments made on or before January 1, 1989, that are	15445
based on or attributable to an agreement to retire shall be	15446
included in earnable salary if both of the following apply:	15447

(i) The payments are made in accordance with contract	15448
provisions that were in effect prior to January 1, 1986;	15449

(ii) The employer pays the retirement system an amount	15450
specified by the retirement board equal to the additional	15451
liability resulting from the payments.	15452

(i) The portion of any amount included in section 145.2916 of	15453
the Revised Code that represents employer contributions.	15454

(3) The retirement board shall determine by rule whether any	15455
compensation not enumerated in division (R) of this section is	15456
earnable salary, and its decision shall be final.	15457

(S) "Pension reserve" means the present value, computed upon	15458
the basis of the mortality and other tables adopted by the board,	15459
of all payments to be made on account of any retirement allowance	15460
or benefit in lieu of any retirement allowance, granted to a	15461
member or beneficiary under this chapter.	15462

(T) "Contributing service" means both of the following:

15463

(1) All service credited to a member of the system since	15464
January 1, 1935, for which contributions are made as required by	15465
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	15466
year subsequent to 1934, credit for any service shall be allowed	15467
in accordance with section 145.016 of the Revised Code.	15468

(2) Service credit received by election of the member under	15469
section 145.814 of the Revised Code.	15470

(U) "State retirement board" means the public employees	15471
retirement board, the school employees retirement board, or the	15472
state teachers retirement board.	15473

(V) "Retirant" means any former member who retires and is	15474
receiving a monthly allowance as provided in sections 145.32,	15475
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	15476
the Revised Code.	15477

(W) "Employer contribution" means the amount paid by an	15478
employer as determined under section 145.48 of the Revised Code.	15479

(X) "Public service terminates" means the last day for which	15480
a public employee is compensated for services performed for an	15481
employer or the date of the employee's death, whichever occurs	15482
first.	15483

(Y) "Five years of service credit," for the exclusive purpose	15484
of satisfying the service credit requirements and of determining	15485
eligibility under section 145.33 or 145.332 of the Revised Code,	15486
means employment covered under this chapter or under a former	15487
retirement plan operated, recognized, or endorsed by the employer	15488
prior to coverage under this chapter or under a combination of the	15489
coverage.	15490

(Z) "Deputy sheriff" means any person who is commissioned and	15491
employed as a full-time peace officer by the sheriff of any	15492
county, and has been so employed since on or before December 31,	15493
1965; any person who is or has been commissioned and employed as a	15494
peace officer by the sheriff of any county since January 1, 1966,	15495
and who has received a certificate attesting to the person's	15496
satisfactory completion of the peace officer training school as	15497
required by section 109.77 of the Revised Code; or any person	15498
deputized by the sheriff of any county and employed pursuant to	15499
section 2301.12 of the Revised Code as a criminal bailiff or court	15500
constable who has received a certificate attesting to the person's	15501
satisfactory completion of the peace officer training school as	15502
required by section 109.77 of the Revised Code.	15503

(AA) "Township constable or police officer in a township	15504
police department or district" means any person who is	15505
commissioned and employed as a full-time peace officer pursuant to	15506
Chapter 505. or 509. of the Revised Code, who has received a	15507
certificate attesting to the person's satisfactory completion of	15508
the peace officer training school as required by section 109.77 of	15509
the Revised Code.	15510

(BB) "Drug agent" means any person who is either of the	15511
following:	15512

(1) Employed full time as a narcotics agent by a county	15513
narcotics agency created pursuant to section 307.15 of the Revised	15514
Code and has received a certificate attesting to the satisfactory	15515
completion of the peace officer training school as required by	15516
section 109.77 of the Revised Code;	15517

(2) Employed full time as an undercover drug agent as defined	15518
in section 109.79 of the Revised Code and is in compliance with	15519
section 109.77 of the Revised Code.	15520

(CC) "Department of public safety enforcement agent" means a	15521
full-time employee of the department of public safety who is	15522
designated under section 5502.14 of the Revised Code as an	15523
enforcement agent and who is in compliance with section 109.77 of	15524
the Revised Code.	15525

(DD) "Natural resources law enforcement staff officer" means	15526
a full-time employee of the department of natural resources who is	15527
designated a natural resources law enforcement staff officer under	15528
section 1501.013 of the Revised Code and is in compliance with	15529
section 109.77 of the Revised Code.	15530

(EE) "Park officer" means a full-time employee of the	15531
department of natural resources who is designated a park officer	15532
under section 1541.10 of the Revised Code and is in compliance	15533
with section 109.77 of the Revised Code.	15534

(FF) "Forest officer" means a full-time employee of the	15535
department of natural resources who is designated a forest officer	15536
under section 1503.29 of the Revised Code and is in compliance	15537
with section 109.77 of the Revised Code.	15538

(GG) "Preserve officer" means a full-time employee of the	15539
department of natural resources who is designated a preserve	15540
officer under section 1517.10 of the Revised Code and is in	15541
compliance with section 109.77 of the Revised Code.	15542

(HH) "Wildlife officer" means a full-time employee of the	15543
department of natural resources who is designated a wildlife	15544
officer under section 1531.13 of the Revised Code and is in	15545
compliance with section 109.77 of the Revised Code.	15546

(II) "State watercraft officer" means a full-time employee of	15547
the department of natural resources who is designated a state	15548
watercraft officer under section 1547.521 of the Revised Code and	15549
is in compliance with section 109.77 of the Revised Code.	15550

(JJ) "Park district police officer" means a full-time	15551
employee of a park district who is designated pursuant to section	15552
511.232 or 1545.13 of the Revised Code and is in compliance with	15553
section 109.77 of the Revised Code.	15554

(KK) "Conservancy district officer" means a full-time	15555
employee of a conservancy district who is designated pursuant to	15556
section 6101.75 of the Revised Code and is in compliance with	15557
section 109.77 of the Revised Code.	15558

(LL) "Municipal police officer" means a member of the	15559
organized police department of a municipal corporation who is	15560
employed full time, is in compliance with section 109.77 of the	15561
Revised Code, and is not a member of the Ohio police and fire	15562
pension fund.	15563

(MM) "Veterans' home police officer" means any person who is	15564
employed at a veterans' home as a police officer pursuant to	15565
section 5907.02 of the Revised Code and is in compliance with	15566
section 109.77 of the Revised Code.	15567

(NN) "Special police officer for a mental health institution"	15568
means any person who is designated as such pursuant to section	15569
~~5119.14~~5119.08 of the Revised Code and is in compliance with	15570
section 109.77 of the Revised Code.	15571

(OO) "Special police officer for an institution for the	15572
developmentally disabled" means any person who is designated as	15573
such pursuant to section 5123.13 of the Revised Code and is in	15574
compliance with section 109.77 of the Revised Code.	15575

(PP) "State university law enforcement officer" means any	15576
person who is employed full time as a state university law	15577
enforcement officer pursuant to section 3345.04 of the Revised	15578
Code and who is in compliance with section 109.77 of the Revised	15579
Code.	15580

(QQ) "House sergeant at arms" means any person appointed by	15581
the speaker of the house of representatives under division (B)(1)	15582
of section 101.311 of the Revised Code who has arrest authority	15583
under division (E)(1) of that section.	15584

(RR) "Assistant house sergeant at arms" means any person	15585
appointed by the house sergeant at arms under division (C)(1) of	15586
section 101.311 of the Revised Code.	15587

(SS) "Regional transit authority police officer" means a	15588
person who is employed full time as a regional transit authority	15589
police officer under division (Y) of section 306.35 of the Revised	15590
Code and is in compliance with section 109.77 of the Revised Code.	15591

(TT) "State highway patrol police officer" means a special	15592
police officer employed full time and designated by the	15593
superintendent of the state highway patrol pursuant to section	15594
5503.09 of the Revised Code or a person serving full time as a	15595
special police officer pursuant to that section on a permanent	15596
basis on October 21, 1997, who is in compliance with section	15597
109.77 of the Revised Code.	15598

(UU) "Municipal public safety director" means a person who	15599
serves full time as the public safety director of a municipal	15600
corporation with the duty of directing the activities of the	15601
municipal corporation's police department and fire department.	15602

(VV) Notwithstanding section 2901.01 of the Revised Code,	15603
"PERS law enforcement officer" means a sheriff or any of the	15604
following whose primary duties are to preserve the peace, protect	15605
life and property, and enforce the laws of this state: a deputy	15606
sheriff, township constable or police officer in a township police	15607
department or district, drug agent, department of public safety	15608
enforcement agent, natural resources law enforcement staff	15609
officer, park officer, forest officer, preserve officer, wildlife	15610
officer, state watercraft officer, park district police officer,	15611
conservancy district officer, veterans' home police officer,	15612
special police officer for a mental health institution, special	15613
police officer for an institution for the developmentally	15614
disabled, state university law enforcement officer, municipal	15615
police officer, house sergeant at arms, assistant house sergeant	15616
at arms, regional transit authority police officer, or state	15617
highway patrol police officer. "PERS law enforcement officer" also	15618
includes a person serving as a municipal public safety director at	15619
any time during the period from September 29, 2005, to March 24,	15620
2009, if the duties of that service were to preserve the peace,	15621
protect life and property, and enforce the laws of this state.	15622

(WW) "Hamilton county municipal court bailiff" means a person	15623
appointed by the clerk of courts of the Hamilton county municipal	15624
court under division (A)(3) of section 1901.32 of the Revised Code	15625
who is employed full time as a bailiff or deputy bailiff, who has	15626
received a certificate attesting to the person's satisfactory	15627
completion of the peace officer basic training described in	15628
division (D)(1) of section 109.77 of the Revised Code.	15629

(XX) "PERS public safety officer" means a Hamilton county	15630
municipal court bailiff, or any of the following whose primary	15631
duties are other than to preserve the peace, protect life and	15632
property, and enforce the laws of this state: a deputy sheriff,	15633
township constable or police officer in a township police	15634
department or district, drug agent, department of public safety	15635
enforcement agent, natural resources law enforcement staff	15636
officer, park officer, forest officer, preserve officer, wildlife	15637
officer, state watercraft officer, park district police officer,	15638
conservancy district officer, veterans' home police officer,	15639
special police officer for a mental health institution, special	15640
police officer for an institution for the ~~mentally retarded and~~	15641
developmentally disabled, state university law enforcement	15642
officer, municipal police officer, house sergeant at arms,	15643
assistant house sergeant at arms, regional transit authority	15644
police officer, or state highway patrol police officer. "PERS	15645
public safety officer" also includes a person serving as a	15646
municipal public safety director at any time during the period	15647
from September 29, 2005, to March 24, 2009, if the duties of that	15648
service were other than to preserve the peace, protect life and	15649
property, and enforce the laws of this state.	15650

(YY) "Fiduciary" means a person who does any of the	15651
following:	15652

(1) Exercises any discretionary authority or control with	15653
respect to the management of the system or with respect to the	15654
management or disposition of its assets;	15655

(2) Renders investment advice for a fee, direct or indirect,	15656
with respect to money or property of the system;	15657

(3) Has any discretionary authority or responsibility in the	15658
administration of the system.	15659

(ZZ) "Actuary" means an individual who satisfies all of the	15660
following requirements:	15661

(1) Is a member of the American academy of actuaries;

15662

(2) Is an associate or fellow of the society of actuaries;

15663

(3) Has a minimum of five years' experience in providing	15664
actuarial services to public retirement plans.	15665

(AAA) "PERS defined benefit plan" means the plan described in	15666
sections 145.201 to 145.79 of the Revised Code.	15667

(BBB) "PERS defined contribution plans" means the plan or	15668
plans established under section 145.81 of the Revised Code.	15669

Sec. 145.012. (A) "Public employee," as defined in division	15670
(A) of section 145.01 of the Revised Code, does not include any	15671
person:	15672

(1) Who is employed by a private, temporary-help service and	15673
performs services under the direction of a public employer or is	15674
employed on a contractual basis as an independent contractor under	15675
a personal service contract with a public employer;	15676

(2) Who is an emergency employee serving on a temporary basis	15677
in case of fire, snow, earthquake, flood, or other similar	15678
emergency;	15679

(3) Who is employed in a program established pursuant to the	15680
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	15681
1501;	15682

(4) Who is an appointed member of either the motor vehicle	15683
salvage dealers board or the motor vehicle dealer's board whose	15684
rate and method of payment are determined pursuant to division (J)	15685
of section 124.15 of the Revised Code;	15686

(5) Who is employed as an election worker and paid less than	15687
five hundred dollars per calendar year for that service;	15688

(6) Who is employed as a firefighter in a position requiring	15689
satisfactory completion of a firefighter training course approved	15690
under former section 3303.07 or section 4765.55 of the Revised	15691
Code or conducted under section 3737.33 of the Revised Code except	15692
for the following:	15693

(a) Any firefighter who has elected under section 145.013 of	15694
the Revised Code to remain a contributing member of the public	15695
employees retirement system;	15696

(b) Any firefighter who was eligible to transfer from the	15697
public employees retirement system to the Ohio police and fire	15698
pension fund under section 742.51 or 742.515 of the Revised Code	15699
and did not elect to transfer;	15700

(c) Any firefighter who has elected under section 742.516 of	15701
the Revised Code to transfer from the Ohio police and fire pension	15702
fund to the public employees retirement system.	15703

(7) Who is a member of the board of health of a city or	15704
general health district, which pursuant to sections 3709.051 and	15705
3709.07 of the Revised Code includes a combined health district,	15706
and whose compensation for attendance at meetings of the board is	15707
set forth in division (B) of section 3709.02 or division (B) of	15708
section 3709.05 of the Revised Code, as appropriate;	15709

(8) Who participates in an alternative retirement plan	15710
established under Chapter 3305. of the Revised Code;	15711

(9) Who is a member of the board of directors of a sanitary	15712
district established under Chapter 6115. of the Revised Code;	15713

(10) Who is a member of the unemployment compensation	15714
advisory council;	15715

(11) Who is an employee, officer, or governor-appointed	15716
member of the board of directors of the nonprofit corporation	15717
formed under section 187.01 of the Revised Code;	15718

(12) Who is employed by the nonprofit entity established to	15719
provide advocacy services and a client assistance program for	15720
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	15721
of the 129th general assembly and whose employment begins on or	15722
after October 1, 2012.	15723

(B) No inmate of a correctional institution operated by the	15724
department of rehabilitation and correction, no patient in a	15725
hospital for the mentally ill or criminally insane operated by the	15726
department of ~~mental health~~mental health and addiction services,	15727
no resident in an institution for the mentally retarded operated	15728
by the department of developmental disabilities, no resident	15729
admitted as a patient of a veterans' home operated under Chapter	15730
5907. of the Revised Code, and no resident of a county home shall	15731
be considered as a public employee for the purpose of establishing	15732
membership or calculating service credit or benefits under this	15733
chapter. Nothing in this division shall be construed to affect any	15734
service credit attained by any person who was a public employee	15735
before becoming an inmate, patient, or resident at any institution	15736
listed in this division, or the payment of any benefit for which	15737
such a person or such a person's beneficiaries otherwise would be	15738
eligible.	15739

Sec. 145.22. (A) The public employees retirement board shall	15740
have prepared annually by or under the supervision of an actuary	15741
an actuarial valuation of the pension assets, liabilities, and	15742
funding requirements of the public employees retirement system as	15743
established pursuant to this chapter. The actuary shall complete	15744
the valuation in accordance with actuarial standards of practice	15745
promulgated by the actuarial standards board of the American	15746
academy of actuaries and prepare a report of the valuation. The	15747
report shall include all of the following:	15748

(1) A summary of the benefit provisions evaluated;

15749

(2) A summary of the census data and financial information	15750
used in the valuation;	15751

(3) A description of the actuarial assumptions, actuarial	15752
cost method, and asset valuation method used in the valuation,	15753
including a statement of the assumed rate of payroll growth and	15754
assumed rate of growth or decline in the number of members	15755
contributing to the retirement system;	15756

(4) A summary of findings that includes a statement of the	15757
actuarial accrued pension liabilities and unfunded actuarial	15758
accrued pension liabilities;	15759

(5) A schedule showing the effect of any changes in the	15760
benefit provisions, actuarial assumptions, or cost methods since	15761
the last annual actuarial valuation;	15762

(6) A statement of whether contributions to the retirement	15763
system are expected to be sufficient to satisfy the funding	15764
objectives established by the board.	15765

The board shall submit the report to the Ohio retirement	15766
study council, the director of budget and management, and the	15767
standing committees of the house of representatives and the senate	15768
with primary responsibility for retirement legislation immediately	15769
upon its availability and not later than the first day of	15770
September following the year for which the valuation was made.	15771

(B) At such time as the public employees retirement board	15772
determines, and at least once in each five-year period, the board	15773
shall have prepared by or under the supervision of an actuary an	15774
actuarial investigation of the mortality, service, and other	15775
experience of the members, retirants, contributors, and	15776
beneficiaries of the system to update the actuarial assumptions	15777
used in the actuarial valuation required by division (A) of this	15778
section. The actuary shall prepare a report of the actuarial	15779
investigation. The report shall be prepared and any recommended	15780
changes in actuarial assumptions shall be made in accordance with	15781
the actuarial standards of practice promulgated by the actuarial	15782
standards board of the American academy of actuaries. The report	15783
shall include all of the following:	15784

(1) A summary of relevant decrement and economic assumption	15785
experience observed over the period of the investigation;	15786

(2) Recommended changes in actuarial assumptions to be used	15787
in subsequent actuarial valuations required by division (A) of	15788
this section;	15789

(3) A measurement of the financial effect of the recommended	15790
changes in actuarial assumptions.	15791

The board shall submit the report to the Ohio retirement	15792
study council and the standing committees of the house of	15793
representatives and the senate with primary responsibility for	15794
retirement legislation not later than the first day of November	15795
following the last fiscal year of the period the report covers.	15796

(C) The board may at any time request the actuary to make any	15797
studies or actuarial valuations to determine the adequacy of the	15798
contribution rate determined under section 145.48 of the Revised	15799
Code, and those rates may be adjusted by the board, as recommended	15800
by the actuary, effective as of the first of any year thereafter.	15801

(D) The board shall have prepared by or under the supervision	15802
of an actuary an actuarial analysis of any introduced legislation	15803
expected to have a measurable financial impact on the retirement	15804
system. The actuarial analysis shall be completed in accordance	15805
with the actuarial standards of practice promulgated by the	15806
actuarial standards board of the American academy of actuaries.	15807
The actuary shall prepare a report of the actuarial analysis,	15808
which shall include all of the following:	15809

(1) A summary of the statutory changes that are being	15810
evaluated;	15811

(2) A description of or reference to the actuarial	15812
assumptions and actuarial cost method used in the report;	15813

(3) A description of the participant group or groups included	15814
in the report;	15815

(4) A statement of the financial impact of the legislation,	15816
including the resulting increase, if any, in the employer normal	15817
cost percentage; the increase, if any, in actuarial accrued	15818
liabilities; and the per cent of payroll that would be required to	15819
amortize the increase in actuarial accrued liabilities as a level	15820
per cent of covered payroll for all active members over a period	15821
not to exceed thirty years;	15822

(5) A statement of whether the scheduled contributions to the	15823
system after the proposed change is enacted are expected to be	15824
sufficient to satisfy the funding objectives established by the	15825
board.	15826

Not later than sixty days from the date of introduction of	15827
the legislation, the board shall submit a copy of the actuarial	15828
analysis to the legislative service commission, the standing	15829
committees of the house of representatives and the senate with	15830
primary responsibility for retirement legislation, and the Ohio	15831
retirement study council.	15832

(E) The board shall have prepared annually a report giving a	15833
full accounting of the revenues and costs relating to the	15834
provision of benefits under sections 145.58 and 145.584 of the	15835
Revised Code. The report shall be made as of December 31, 1997,	15836
and the thirty-first day of December of each year thereafter. The	15837
report shall include the following:	15838

(1) A description of the statutory authority for the benefits	15839
provided;	15840

(2) A summary of the benefits;

15841

(3) A summary of the eligibility requirements for the	15842
benefits;	15843

(4) A statement of the number of participants eligible for	15844
the benefits;	15845

(5) A description of the accounting, asset valuation, and	15846
funding method used to provide the benefits;	15847

(6) A statement of the net assets available for the provision	15848
of the benefits as of the last day of the fiscal year;	15849

(7) A statement of any changes in the net assets available	15850
for the provision of benefits, including participant and employer	15851
contributions, net investment income, administrative expenses, and	15852
benefits provided to participants, as of the last day of the	15853
fiscal year;	15854

(8) For the last six consecutive fiscal years, a schedule of	15855
the net assets available for the benefits, the annual cost of	15856
benefits, administrative expenses incurred, and annual employer	15857
contributions allocated for the provision of benefits;	15858

(9) A description of any significant changes that affect the	15859
comparability of the report required under this division;	15860

(10) A statement of the amount paid under division (C) of	15861
section 145.58 of the Revised Code.	15862

The board shall submit the report to the Ohio retirement	15863
study council, the director of budget and management, and the	15864
standing committees of the house of representatives and the senate	15865
with primary responsibility for retirement legislation immediately	15866
upon its availability and not later than the thirtieth day of June	15867
following the year for which the report was made.	15868

Sec. 149.01. Each elective state officer, the adjutant	15869
general, the adult parole authority, the department of	15870
agriculture, the director of administrative services, the public	15871
utilities commission, the superintendent of insurance, the	15872
superintendent of financial institutions, the superintendent of	15873
purchases and printing, the fire marshal, the industrial	15874
commission, the administrator of workers' compensation, the state	15875
department of transportation, the department of health, the state	15876
medical board, the state dental board, the board of embalmers and	15877
funeral directors, the Ohio commission for the blind, the	15878
accountancy board of Ohio, the state council of uniform state	15879
laws, the board of commissioners of the sinking fund, the	15880
department of taxation, the board of tax appeals, the division of	15881
liquor control, the director of state armories, the trustees of	15882
the Ohio state university, and every private or quasi-public	15883
institution, association, board, or corporation receiving state	15884
money for its use and purpose shall make annually, at the end of	15885
each fiscal year, in quadruplicate, a report of the transactions	15886
and proceedings of that office or department for that fiscal year,	15887
excepting receipts and disbursements unless otherwise specifically	15888
required by law. The report shall contain a summary of the	15889
official acts of the officer, board, council, commission,	15890
institution, association, or corporation and any suggestions and	15891
recommendations that are proper. ~~On the first day of August of~~	15892
~~each year, one~~	15893

One of the reports shall be filed with the governor, one with	15894
the secretary of state, and one with the state library, and one	15895
shall be kept on file in the office of the officer, board,	15896
council, commission, institution, association, or corporation. The	15897
reports shall be so filed by the first day of August, except that	15898
the report of the treasurer of state shall be so filed by the	15899
thirty-first day of December.	15900

Sec. 149.12. The state library board shall forward, free of	15901
charge, in a paper or electronic format, one copy of each	15902
legislative bulletin, daily house and senate journal, pamphlet law	15903
as described in section 149.09 of the Revised Code, and summary of	15904
enactments published by the legislative service commission, to the	15905
following libraries:	15906

(A) Each library within the state that has been designated by	15907
the state library board under section 149.11 of the Revised Code	15908
as a depository for state publications;	15909

(B) In each county containing no library described in	15910
division (A) of this section, to a public library designated by	15911
the state library board to receive the journals, bulletins, and	15912
summaries described in this section. The state library board shall	15913
designate libraries that can best preserve the publications and	15914
are so located geographically that they can make the publications	15915
conveniently accessible to the residents of the county.	15916

The state library board shall forward the daily house and	15917
senate journals once every week while the general assembly is in	15918
session and the legislative bulletin, each pamphlet law, and the	15919
summary of enactments as they are published.	15920

Each library receiving publications under this section or	15921
under section 149.09 of the Revised Code shall make these	15922
publications accessible to the public.	15923

Sec. 149.307. There is hereby created in the state treasury	15924
the Ohio history license plate contribution fund. The fund shall	15925
consist of the contributions that are paid to the registrar of	15926
motor vehicles by applicants who choose to obtain "Ohio history"	15927
license plates pursuant to section 4503.95 of the Revised Code.	15928

The contributions deposited in the fund shall be used by the	15929
Ohio historical society to provide grants to historical	15930
organizations located in this state. An organization that receives	15931
a grant under this section shall use the grant only to host	15932
exhibits and increase access to its collection by the public.	15933

The society shall establish and administer all aspects of the	15934
grant program, including eligibility requirements for receiving a	15935
grant under the program.	15936

Not later than the last business day of January of each year,	15937
the society shall prepare and submit to the general assembly a	15938
written report, detailing all aspects of the grant program during	15939
the immediately preceding calendar year.	15940

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

15941

(1) "Historic building" means a building, including its	15942
structural components, that is located in this state and that is	15943
either individually listed on the national register of historic	15944
places under 16 U.S.C. 470a, located in a registered historic	15945
district, and certified by the state historic preservation officer	15946
as being of historic significance to the district, or is	15947
individually listed as an historic landmark designated by a local	15948
government certified under 16 U.S.C. 470a(c).	15949

(2) "Qualified rehabilitation expenditures" means	15950
expenditures paid or incurred during the rehabilitation period,	15951
and before and after that period as determined under 26 U.S.C. 47,	15952
by an owner or qualified lessee of an historic building to	15953
rehabilitate the building. "Qualified rehabilitation expenditures"	15954
includes architectural or engineering fees paid or incurred in	15955
connection with the rehabilitation, and expenses incurred in the	15956
preparation of nomination forms for listing on the national	15957
register of historic places. "Qualified rehabilitation	15958
expenditures" does not include any of the following:	15959

(a) The cost of acquiring, expanding, or enlarging an	15960
historic building;	15961

(b) Expenditures attributable to work done to facilities	15962
related to the building, such as parking lots, sidewalks, and	15963
landscaping;	15964

15965

(3) "Owner" of an historic building means a person holding	15966
the fee simple interest in the building. "Owner" does not include	15967
the state or a state agency, or any political subdivision as	15968
defined in section 9.23 of the Revised Code.	15969

(4) "Qualified lessee" means a person subject to a lease	15970
agreement for aan historic building and eligible for the federal	15971
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	15972
does not include the state or a state agency or political	15973
subdivision as defined in section 9.23 of the Revised Code.	15974

(5) "Certificate owner" means the owner or qualified lessee	15975
of an historic building to which a rehabilitation tax credit	15976
certificate was issued under this section.	15977

(6) "Registered historic district" means an historic district	15978
listed in the national register of historic places under 16 U.S.C.	15979
470a, an historic district designated by a local government	15980
certified under 16 U.S.C. 470a(c), or a local historic district	15981
certified under 36 C.F.R. 67.8 and 67.9.	15982

(7) "Rehabilitation" means the process of repairing or	15983
altering an historic building or buildings, making possible an	15984
efficient use while preserving those portions and features of the	15985
building and its site and environment that are significant to its	15986
historic, architectural, and cultural values.	15987

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

15988

(a) If the rehabilitation initially was not planned to be	15989
completed in stages, a period chosen by the owner or qualified	15990
lessee not to exceed twenty-four months during which	15991
rehabilitation occurs;	15992

(b) If the rehabilitation initially was planned to be	15993
completed in stages, a period chosen by the owner or qualified	15994
lessee not to exceed sixty months during which rehabilitation	15995
occurs. Each stage shall be reviewed as a phase of a	15996
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	15997
successor to that section.	15998

(9) "State historic preservation officer" or "officer" means	15999
the state historic preservation officer appointed by the governor	16000
under 16 U.S.C. 470a.	16001

(B) The owner or qualified lessee of an historic building may	16002
apply to the director of development services for a rehabilitation	16003
tax credit certificate for qualified rehabilitation expenditures	16004
paid or incurred by such owner or qualified lessee after April 4,	16005
2007, for rehabilitation of an historic building. If the owner of	16006
aan historic building enters a pass-through agreement with a	16007
qualified lessee for the purposes of the federal rehabilitation	16008
tax credit under 26 U.S.C. 47, the qualified rehabilitation	16009
expenditures paid or incurred by the owner after April 4, 2007,	16010
~~shall~~may be attributed to the qualified lessee.	16011

The form and manner of filing such applications shall be	16012
prescribed by rule of the director. Each application shall state	16013
the amount of qualified rehabilitation expenditures the applicant	16014
estimates will be paid or incurred. The director may require	16015
applicants to furnish documentation of such estimates.	16016

The director, after consultation with the tax commissioner	16017
and in accordance with Chapter 119. of the Revised Code, shall	16018
adopt rules that establish all of the following:	16019

(1) Forms and procedures by which applicants may apply for	16020
rehabilitation tax credit certificates;	16021

(2) Criteria for reviewing, evaluating, and approving	16022
applications for certificates within the limitations under	16023
division (D) of this section, criteria for assuring that the	16024
certificates issued encompass a mixture of high and low qualified	16025
rehabilitation expenditures, and criteria for issuing certificates	16026
under division (C)(3)(b) of this section;	16027

(3) Eligibility requirements for obtaining a certificate	16028
under this section;	16029

(4) The form of rehabilitation tax credit certificates;

16030

(5) Reporting requirements and monitoring procedures;

16031

(6) Procedures and criteria for conducting cost-benefit	16032
analyses of historic buildings that are the subjects of	16033
applications filed under this section. The purpose of a	16034
cost-benefit analysis shall be to determine whether rehabilitation	16035
of the historic building will result in a net revenue gain in	16036
state and local taxes once the building is used.	16037

(7) Any other rules necessary to implement and administer	16038
this section.	16039

(C) The director of development services shall review the	16040
applications with the assistance of the state historic	16041
preservation officer and determine whether all of the following	16042
criteria are met:	16043

(1) That the building that is the subject of the application	16044
is an historic building and the applicant is the owner or	16045
qualified lessee of the building;	16046

(2) That the rehabilitation will satisfy standards prescribed	16047
by the United States secretary of the interior under 16 U.S.C.	16048
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	16049
that section;	16050

(3) That receiving a rehabilitation tax credit certificate	16051
under this section is a major factor in:	16052

(a) The applicant's decision to rehabilitate the historic	16053
building; or	16054

(b) To increase the level of investment in such	16055
rehabilitation.	16056

An applicant shall demonstrate to the satisfaction of the	16057
state historic preservation officer and director of development	16058
services that the rehabilitation will satisfy the standards	16059
described in division (C)(2) of this section before the applicant	16060
begins the physical rehabilitation of the historic building.	16061

(D)(1) If the director of development services determines	16062
that an application meets the criteria in divisions (C)(1), (2),	16063
and (3) of this section, the director shall conduct a cost-benefit	16064
analysis for the historic building that is the subject of the	16065
application to determine whether rehabilitation of the historic	16066
building will result in a net revenue gain in state and local	16067
taxes once the building is used. The director shall consider the	16068
results of the cost-benefit analysis in determining whether to	16069
approve the application. The director shall also consider the	16070
potential economic impact and the regional distributive balance of	16071
the credits throughout the state. The director may approve an	16072
application only after completion of the cost-benefit analysis.	16073

(2) A rehabilitation tax credit certificate shall not be	16074
issued for an amount greater than the estimated amount furnished	16075
by the applicant on the application for such certificate and	16076
approved by the director. The director shall not approve more than	16077
a total of sixty million dollars of rehabilitation tax credits per	16078
fiscal year but the director may reallocate unused tax credits	16079
from a prior fiscal year for new applicants and such reallocated	16080
credits shall not apply toward the dollar limit of this division.	16081

(3) For rehabilitations with a rehabilitation period not	16082
exceeding twenty-four months as provided in division (A)(7)(a) of	16083
this section, a rehabilitation tax credit certificate shall not be	16084
issued before the rehabilitation of the historic building is	16085
completed.	16086

(4) For rehabilitations with a rehabilitation period not	16087
exceeding sixty months as provided in division (A)(7)(b) of this	16088
section, a rehabilitation tax credit certificate shall not be	16089
issued before a stage of rehabilitation is completed. After all	16090
stages of rehabilitation are completed, if the director cannot	16091
determine that the criteria in division (C) of this section are	16092
satisfied for all stages of rehabilitations, the director shall	16093
certify this finding to the tax commissioner, and any	16094
rehabilitation tax credits received by the applicant shall be	16095
repaid by the applicant and may be collected by assessment as	16096
unpaid tax by the commissioner.	16097

(5) The director of development services shall require the	16098
applicant to provide a third-party cost certification by a	16099
certified public accountant of the actual costs attributed to the	16100
rehabilitation of the historic building when qualified	16101
rehabilitation expenditures exceed two hundred thousand dollars.	16102

If an applicant whose application is approved for receipt of	16103
a rehabilitation tax credit certificate fails to provide to the	16104
director sufficient evidence of reviewable progress, including a	16105
viable financial plan, copies of final construction drawings, and	16106
evidence that the applicant has obtained all historic approvals	16107
within twelve months after the date the applicant received	16108
notification of approval, and if the applicant fails to provide	16109
evidence to the director that the applicant has secured and closed	16110
on financing for the rehabilitation within eighteen months after	16111
receiving notification of approval, the director may rescind the	16112
approval of the application. The director shall notify the	16113
applicant if the approval has been rescinded. Credits that would	16114
have been available to an applicant whose approval was rescinded	16115
shall be available for other qualified applicants. Nothing in this	16116
division prohibits an applicant whose approval has been rescinded	16117
from submitting a new application for a rehabilitation tax credit	16118
certificate.	16119

(E) Issuance of a certificate represents a finding by the	16120
director of development services of the matters described in	16121
divisions (C)(1), (2), and (3) of this section only; issuance of a	16122
certificate does not represent a verification or certification by	16123
the director of the amount of qualified rehabilitation	16124
expenditures for which a tax credit may be claimed under section	16125
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	16126
Revised Code. The amount of qualified rehabilitation expenditures	16127
for which a tax credit may be claimed is subject to inspection and	16128
examination by the tax commissioner or employees of the	16129
commissioner under section 5703.19 of the Revised Code and any	16130
other applicable law. Upon the issuance of a certificate, the	16131
director shall certify to the tax commissioner, in the form and	16132
manner requested by the tax commissioner, the name of the	16133
applicant, the amount of qualified rehabilitation expenditures	16134
shown on the certificate, and any other information required by	16135
the rules adopted under this section.	16136

(F)(1) On or before the first day of April each year, the	16137
director of development services and tax commissioner jointly	16138
shall submit to the president of the senate and the speaker of the	16139
house of representatives a report on the tax credit program	16140
established under this section and sections 5725.151, 5725.34,	16141
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	16142
report shall present an overview of the program and shall include	16143
information on the number of rehabilitation tax credit	16144
certificates issued under this section during the preceding fiscal	16145
year, an update on the status of each historic building for which	16146
an application was approved under this section, the dollar amount	16147
of the tax credits granted under sections 5725.151, 5725.34,	16148
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	16149
any other information the director and commissioner consider	16150
relevant to the topics addressed in the report.	16151

(2) On or before December 1, 2015, the director of	16152
development services and tax commissioner jointly shall submit to	16153
the president of the senate and the speaker of the house of	16154
representatives a comprehensive report that includes the	16155
information required by division (F)(1) of this section and a	16156
detailed analysis of the effectiveness of issuing tax credits for	16157
rehabilitating historic buildings. The report shall be prepared	16158
with the assistance of an economic research organization jointly	16159
chosen by the director and commissioner.	16160

(G) There is hereby created in the state treasury the	16161
historic rehabilitation tax credit operating fund. The director of	16162
development services is authorized to charge reasonable	16163
application and other fees in connection with the administration	16164
of tax credits authorized by this section and sections 5725.151,	16165
5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the Revised	16166
Code. Any such fees collected shall be credited to the fund and	16167
used to pay reasonable costs incurred by the department of	16168
development services in administering this section and sections	16169
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the	16170
Revised Code.	16171

The Ohio historic preservation office is authorized to charge	16172
reasonable fees in connection with its review and approval of	16173
applications under this section. Any such fees collected shall be	16174
credited to the fund and used to pay administrative costs incurred	16175
by the Ohio historic preservation office pursuant to this section.	16176

Sec. 149.43. (A) As used in this section:

16177

(1) "Public record" means records kept by any public office,	16178
including, but not limited to, state, county, city, village,	16179
township, and school district units, and records pertaining to the	16180
delivery of educational services by an alternative school in this	16181
state kept by the nonprofit or for-profit entity operating the	16182
alternative school pursuant to section 3313.533 of the Revised	16183
Code. "Public record" does not mean any of the following:	16184

(a) Medical records;

16185

(b) Records pertaining to probation and parole proceedings or	16186
to proceedings related to the imposition of community control	16187
sanctions and post-release control sanctions;	16188

(c) Records pertaining to actions under section 2151.85 and	16189
division (C) of section 2919.121 of the Revised Code and to	16190
appeals of actions arising under those sections;	16191

(d) Records pertaining to adoption proceedings, including the	16192
contents of an adoption file maintained by the department of	16193
health under section 3705.12 of the Revised Code;	16194

(e) Information in a record contained in the putative father	16195
registry established by section 3107.062 of the Revised Code,	16196
regardless of whether the information is held by the department of	16197
job and family services or, pursuant to section 3111.69 of the	16198
Revised Code, the office of child support in the department or a	16199
child support enforcement agency;	16200

(f) Records listed in division (A) of section 3107.42 of the	16201
Revised Code or specified in division (A) of section 3107.52 of	16202
the Revised Code;	16203

(g) Trial preparation records;

16204

(h) Confidential law enforcement investigatory records;

16205

(i) Records containing information that is confidential under	16206
section 2710.03 or 4112.05 of the Revised Code;	16207

(j) DNA records stored in the DNA database pursuant to	16208
section 109.573 of the Revised Code;	16209

(k) Inmate records released by the department of	16210
rehabilitation and correction to the department of youth services	16211
or a court of record pursuant to division (E) of section 5120.21	16212
of the Revised Code;	16213

(l) Records maintained by the department of youth services	16214
pertaining to children in its custody released by the department	16215
of youth services to the department of rehabilitation and	16216
correction pursuant to section 5139.05 of the Revised Code;	16217

(m) Intellectual property records;

16218

(n) Donor profile records;

16219

(o) Records maintained by the department of job and family	16220
services pursuant to section 3121.894 of the Revised Code;	16221

(p) Peace officer, parole officer, probation officer,	16222
bailiff, prosecuting attorney, assistant prosecuting attorney,	16223
correctional employee, community-based correctional facility	16224
employee, youth services employee, firefighter, EMT, or	16225
investigator of the bureau of criminal identification and	16226
investigation residential and familial information;	16227

(q) In the case of a county hospital operated pursuant to	16228
Chapter 339. of the Revised Code or a municipal hospital operated	16229
pursuant to Chapter 749. of the Revised Code, information that	16230
constitutes a trade secret, as defined in section 1333.61 of the	16231
Revised Code;	16232

(r) Information pertaining to the recreational activities of	16233
a person under the age of eighteen;	16234

(s) Records provided to, statements made by review board	16235
members during meetings of, and all work products of a child	16236
fatality review board acting under sections 307.621 to 307.629 of	16237
the Revised Code, and child fatality review data submitted by the	16238
child fatality review board to the department of health or a	16239
national child death review database, other than the report	16240
prepared pursuant to division (A) of section 307.626 of the	16241
Revised Code;	16242

(t) Records provided to and statements made by the executive	16243
director of a public children services agency or a prosecuting	16244
attorney acting pursuant to section 5153.171 of the Revised Code	16245
other than the information released under that section;	16246

(u) Test materials, examinations, or evaluation tools used in	16247
an examination for licensure as a nursing home administrator that	16248
the board of ~~examiners~~executives of ~~nursing home administrators~~	16249
long-term services and supports administers under section 4751.04	16250
of the Revised Code or contracts under that section with a private	16251
or government entity to administer;	16252

(v) Records the release of which is prohibited by state or	16253
federal law;	16254

(w) Proprietary information of or relating to any person that	16255
is submitted to or compiled by the Ohio venture capital authority	16256
created under section 150.01 of the Revised Code;	16257

(x) ~~Information reported and evaluations conducted pursuant~~	16258
~~to section 3701.072 of the Revised Code;~~	16259

~~(y)~~ Financial statements and data any person submits for any	16260
purpose to the Ohio housing finance agency or the controlling	16261
board in connection with applying for, receiving, or accounting	16262
for financial assistance from the agency, and information that	16263
identifies any individual who benefits directly or indirectly from	16264
financial assistance from the agency;	16265

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

16266

~~(aa)~~(z) Discharges recorded with a county recorder under	16267
section 317.24 of the Revised Code, as specified in division	16268
(B)(2) of that section;	16269

~~(bb)~~(aa) Usage information including names and addresses of	16270
specific residential and commercial customers of a municipally	16271
owned or operated public utility;	16272

~~(cc)~~(bb) Records described in division (C) of section 187.04	16273
of the Revised Code that are not designated to be made available	16274
to the public as provided in that division.	16275

(2) "Confidential law enforcement investigatory record" means	16276
any record that pertains to a law enforcement matter of a	16277
criminal, quasi-criminal, civil, or administrative nature, but	16278
only to the extent that the release of the record would create a	16279
high probability of disclosure of any of the following:	16280

(a) The identity of a suspect who has not been charged with	16281
the offense to which the record pertains, or of an information	16282
source or witness to whom confidentiality has been reasonably	16283
promised;	16284

(b) Information provided by an information source or witness	16285
to whom confidentiality has been reasonably promised, which	16286
information would reasonably tend to disclose the source's or	16287
witness's identity;	16288

(c) Specific confidential investigatory techniques or	16289
procedures or specific investigatory work product;	16290

(d) Information that would endanger the life or physical	16291
safety of law enforcement personnel, a crime victim, a witness, or	16292
a confidential information source.	16293

(3) "Medical record" means any document or combination of	16294
documents, except births, deaths, and the fact of admission to or	16295
discharge from a hospital, that pertains to the medical history,	16296
diagnosis, prognosis, or medical condition of a patient and that	16297
is generated and maintained in the process of medical treatment.	16298

(4) "Trial preparation record" means any record that contains	16299
information that is specifically compiled in reasonable	16300
anticipation of, or in defense of, a civil or criminal action or	16301
proceeding, including the independent thought processes and	16302
personal trial preparation of an attorney.	16303

(5) "Intellectual property record" means a record, other than	16304
a financial or administrative record, that is produced or	16305
collected by or for faculty or staff of a state institution of	16306
higher learning in the conduct of or as a result of study or	16307
research on an educational, commercial, scientific, artistic,	16308
technical, or scholarly issue, regardless of whether the study or	16309
research was sponsored by the institution alone or in conjunction	16310
with a governmental body or private concern, and that has not been	16311
publicly released, published, or patented.	16312

(6) "Donor profile record" means all records about donors or	16313
potential donors to a public institution of higher education	16314
except the names and reported addresses of the actual donors and	16315
the date, amount, and conditions of the actual donation.	16316

(7) "Peace officer, parole officer, probation officer,	16317
bailiff, prosecuting attorney, assistant prosecuting attorney,	16318
correctional employee, community-based correctional facility	16319
employee, youth services employee, firefighter, EMT, or	16320
investigator of the bureau of criminal identification and	16321
investigation residential and familial information" means any	16322
information that discloses any of the following about a peace	16323
officer, parole officer, probation officer, bailiff, prosecuting	16324
attorney, assistant prosecuting attorney, correctional employee,	16325
community-based correctional facility employee, youth services	16326
employee, firefighter, EMT, or investigator of the bureau of	16327
criminal identification and investigation:	16328

(a) The address of the actual personal residence of a peace	16329
officer, parole officer, probation officer, bailiff, assistant	16330
prosecuting attorney, correctional employee, community-based	16331
correctional facility employee, youth services employee,	16332
firefighter, EMT, or an investigator of the bureau of criminal	16333
identification and investigation, except for the state or	16334
political subdivision in which the peace officer, parole officer,	16335
probation officer, bailiff, assistant prosecuting attorney,	16336
correctional employee, community-based correctional facility	16337
employee, youth services employee, firefighter, EMT, or	16338
investigator of the bureau of criminal identification and	16339
investigation resides;	16340

(b) Information compiled from referral to or participation in	16341
an employee assistance program;	16342

(c) The social security number, the residential telephone	16343
number, any bank account, debit card, charge card, or credit card	16344
number, or the emergency telephone number of, or any medical	16345
information pertaining to, a peace officer, parole officer,	16346
probation officer, bailiff, prosecuting attorney, assistant	16347
prosecuting attorney, correctional employee, community-based	16348
correctional facility employee, youth services employee,	16349
firefighter, EMT, or investigator of the bureau of criminal	16350
identification and investigation;	16351

(d) The name of any beneficiary of employment benefits,	16352
including, but not limited to, life insurance benefits, provided	16353
to a peace officer, parole officer, probation officer, bailiff,	16354
prosecuting attorney, assistant prosecuting attorney, correctional	16355
employee, community-based correctional facility employee, youth	16356
services employee, firefighter, EMT, or investigator of the bureau	16357
of criminal identification and investigation by the peace	16358
officer's, parole officer's, probation officer's, bailiff's,	16359
prosecuting attorney's, assistant prosecuting attorney's,	16360
correctional employee's, community-based correctional facility	16361
employee's, youth services employee's, firefighter's, EMT's, or	16362
investigator of the bureau of criminal identification and	16363
investigation's employer;	16364

(e) The identity and amount of any charitable or employment	16365
benefit deduction made by the peace officer's, parole officer's,	16366
probation officer's, bailiff's, prosecuting attorney's, assistant	16367
prosecuting attorney's, correctional employee's, community-based	16368
correctional facility employee's, youth services employee's,	16369
firefighter's, EMT's, or investigator of the bureau of criminal	16370
identification and investigation's employer from the peace	16371
officer's, parole officer's, probation officer's, bailiff's,	16372
prosecuting attorney's, assistant prosecuting attorney's,	16373
correctional employee's, community-based correctional facility	16374
employee's, youth services employee's, firefighter's, EMT's, or	16375
investigator of the bureau of criminal identification and	16376
investigation's compensation unless the amount of the deduction is	16377
required by state or federal law;	16378

(f) The name, the residential address, the name of the	16379
employer, the address of the employer, the social security number,	16380
the residential telephone number, any bank account, debit card,	16381
charge card, or credit card number, or the emergency telephone	16382
number of the spouse, a former spouse, or any child of a peace	16383
officer, parole officer, probation officer, bailiff, prosecuting	16384
attorney, assistant prosecuting attorney, correctional employee,	16385
community-based correctional facility employee, youth services	16386
employee, firefighter, EMT, or investigator of the bureau of	16387
criminal identification and investigation;	16388

(g) A photograph of a peace officer who holds a position or	16389
has an assignment that may include undercover or plain clothes	16390
positions or assignments as determined by the peace officer's	16391
appointing authority.	16392

As used in divisions (A)(7) and (B)(9) of this section,	16393
"peace officer" has the same meaning as in section 109.71 of the	16394
Revised Code and also includes the superintendent and troopers of	16395
the state highway patrol; it does not include the sheriff of a	16396
county or a supervisory employee who, in the absence of the	16397
sheriff, is authorized to stand in for, exercise the authority of,	16398
and perform the duties of the sheriff.	16399

As used in divisions (A)(7) and (B)(5) of this section,	16400
"correctional employee" means any employee of the department of	16401
rehabilitation and correction who in the course of performing the	16402
employee's job duties has or has had contact with inmates and	16403
persons under supervision.	16404

As used in divisions (A)(7) and (B)(5) of this section,	16405
"youth services employee" means any employee of the department of	16406
youth services who in the course of performing the employee's job	16407
duties has or has had contact with children committed to the	16408
custody of the department of youth services.	16409

As used in divisions (A)(7) and (B)(9) of this section,	16410
"firefighter" means any regular, paid or volunteer, member of a	16411
lawfully constituted fire department of a municipal corporation,	16412
township, fire district, or village.	16413

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	16414
means EMTs-basic, EMTs-I, and paramedics that provide emergency	16415
medical services for a public emergency medical service	16416
organization. "Emergency medical service organization,"	16417
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	16418
section 4765.01 of the Revised Code.	16419

As used in divisions (A)(7) and (B)(9) of this section,	16420
"investigator of the bureau of criminal identification and	16421
investigation" has the meaning defined in section 2903.11 of the	16422
Revised Code.	16423

(8) "Information pertaining to the recreational activities of	16424
a person under the age of eighteen" means information that is kept	16425
in the ordinary course of business by a public office, that	16426
pertains to the recreational activities of a person under the age	16427
of eighteen years, and that discloses any of the following:	16428

(a) The address or telephone number of a person under the age	16429
of eighteen or the address or telephone number of that person's	16430
parent, guardian, custodian, or emergency contact person;	16431

(b) The social security number, birth date, or photographic	16432
image of a person under the age of eighteen;	16433

(c) Any medical record, history, or information pertaining to	16434
a person under the age of eighteen;	16435

(d) Any additional information sought or required about a	16436
person under the age of eighteen for the purpose of allowing that	16437
person to participate in any recreational activity conducted or	16438
sponsored by a public office or to use or obtain admission	16439
privileges to any recreational facility owned or operated by a	16440
public office.	16441

(9) "Community control sanction" has the same meaning as in	16442
section 2929.01 of the Revised Code.	16443

(10) "Post-release control sanction" has the same meaning as	16444
in section 2967.01 of the Revised Code.	16445

(11) "Redaction" means obscuring or deleting any information	16446
that is exempt from the duty to permit public inspection or	16447
copying from an item that otherwise meets the definition of a	16448
"record" in section 149.011 of the Revised Code.	16449

(12) "Designee" and "elected official" have the same meanings	16450
as in section 109.43 of the Revised Code.	16451

(B)(1) Upon request and subject to division (B)(8) of this	16452
section, all public records responsive to the request shall be	16453
promptly prepared and made available for inspection to any person	16454
at all reasonable times during regular business hours. Subject to	16455
division (B)(8) of this section, upon request, a public office or	16456
person responsible for public records shall make copies of the	16457
requested public record available at cost and within a reasonable	16458
period of time. If a public record contains information that is	16459
exempt from the duty to permit public inspection or to copy the	16460
public record, the public office or the person responsible for the	16461
public record shall make available all of the information within	16462
the public record that is not exempt. When making that public	16463
record available for public inspection or copying that public	16464
record, the public office or the person responsible for the public	16465
record shall notify the requester of any redaction or make the	16466
redaction plainly visible. A redaction shall be deemed a denial of	16467
a request to inspect or copy the redacted information, except if	16468
federal or state law authorizes or requires a public office to	16469
make the redaction.	16470

(2) To facilitate broader access to public records, a public	16471
office or the person responsible for public records shall organize	16472
and maintain public records in a manner that they can be made	16473
available for inspection or copying in accordance with division	16474
(B) of this section. A public office also shall have available a	16475
copy of its current records retention schedule at a location	16476
readily available to the public. If a requester makes an ambiguous	16477
or overly broad request or has difficulty in making a request for	16478
copies or inspection of public records under this section such	16479
that the public office or the person responsible for the requested	16480
public record cannot reasonably identify what public records are	16481
being requested, the public office or the person responsible for	16482
the requested public record may deny the request but shall provide	16483
the requester with an opportunity to revise the request by	16484
informing the requester of the manner in which records are	16485
maintained by the public office and accessed in the ordinary	16486
course of the public office's or person's duties.	16487

(3) If a request is ultimately denied, in part or in whole,	16488
the public office or the person responsible for the requested	16489
public record shall provide the requester with an explanation,	16490
including legal authority, setting forth why the request was	16491
denied. If the initial request was provided in writing, the	16492
explanation also shall be provided to the requester in writing.	16493
The explanation shall not preclude the public office or the person	16494
responsible for the requested public record from relying upon	16495
additional reasons or legal authority in defending an action	16496
commenced under division (C) of this section.	16497

(4) Unless specifically required or authorized by state or	16498
federal law or in accordance with division (B) of this section, no	16499
public office or person responsible for public records may limit	16500
or condition the availability of public records by requiring	16501
disclosure of the requester's identity or the intended use of the	16502
requested public record. Any requirement that the requester	16503
disclose the requestor's identity or the intended use of the	16504
requested public record constitutes a denial of the request.	16505

(5) A public office or person responsible for public records	16506
may ask a requester to make the request in writing, may ask for	16507
the requester's identity, and may inquire about the intended use	16508
of the information requested, but may do so only after disclosing	16509
to the requester that a written request is not mandatory and that	16510
the requester may decline to reveal the requester's identity or	16511
the intended use and when a written request or disclosure of the	16512
identity or intended use would benefit the requester by enhancing	16513
the ability of the public office or person responsible for public	16514
records to identify, locate, or deliver the public records sought	16515
by the requester.	16516

(6) If any person chooses to obtain a copy of a public record	16517
in accordance with division (B) of this section, the public office	16518
or person responsible for the public record may require that	16519
person to pay in advance the cost involved in providing the copy	16520
of the public record in accordance with the choice made by the	16521
person seeking the copy under this division. The public office or	16522
the person responsible for the public record shall permit that	16523
person to choose to have the public record duplicated upon paper,	16524
upon the same medium upon which the public office or person	16525
responsible for the public record keeps it, or upon any other	16526
medium upon which the public office or person responsible for the	16527
public record determines that it reasonably can be duplicated as	16528
an integral part of the normal operations of the public office or	16529
person responsible for the public record. When the person seeking	16530
the copy makes a choice under this division, the public office or	16531
person responsible for the public record shall provide a copy of	16532
it in accordance with the choice made by the person seeking the	16533
copy. Nothing in this section requires a public office or person	16534
responsible for the public record to allow the person seeking a	16535
copy of the public record to make the copies of the public record.	16536

(7) Upon a request made in accordance with division (B) of	16537
this section and subject to division (B)(6) of this section, a	16538
public office or person responsible for public records shall	16539
transmit a copy of a public record to any person by United States	16540
mail or by any other means of delivery or transmission within a	16541
reasonable period of time after receiving the request for the	16542
copy. The public office or person responsible for the public	16543
record may require the person making the request to pay in advance	16544
the cost of postage if the copy is transmitted by United States	16545
mail or the cost of delivery if the copy is transmitted other than	16546
by United States mail, and to pay in advance the costs incurred	16547
for other supplies used in the mailing, delivery, or transmission.	16548

Any public office may adopt a policy and procedures that it	16549
will follow in transmitting, within a reasonable period of time	16550
after receiving a request, copies of public records by United	16551
States mail or by any other means of delivery or transmission	16552
pursuant to this division. A public office that adopts a policy	16553
and procedures under this division shall comply with them in	16554
performing its duties under this division.	16555

In any policy and procedures adopted under this division, a	16556
public office may limit the number of records requested by a	16557
person that the office will transmit by United States mail to ten	16558
per month, unless the person certifies to the office in writing	16559
that the person does not intend to use or forward the requested	16560
records, or the information contained in them, for commercial	16561
purposes. For purposes of this division, "commercial" shall be	16562
narrowly construed and does not include reporting or gathering	16563
news, reporting or gathering information to assist citizen	16564
oversight or understanding of the operation or activities of	16565
government, or nonprofit educational research.	16566

(8) A public office or person responsible for public records	16567
is not required to permit a person who is incarcerated pursuant to	16568
a criminal conviction or a juvenile adjudication to inspect or to	16569
obtain a copy of any public record concerning a criminal	16570
investigation or prosecution or concerning what would be a	16571
criminal investigation or prosecution if the subject of the	16572
investigation or prosecution were an adult, unless the request to	16573
inspect or to obtain a copy of the record is for the purpose of	16574
acquiring information that is subject to release as a public	16575
record under this section and the judge who imposed the sentence	16576
or made the adjudication with respect to the person, or the	16577
judge's successor in office, finds that the information sought in	16578
the public record is necessary to support what appears to be a	16579
justiciable claim of the person.	16580

(9)(a) Upon written request made and signed by a journalist	16581
on or after December 16, 1999, a public office, or person	16582
responsible for public records, having custody of the records of	16583
the agency employing a specified peace officer, parole officer,	16584
probation officer, bailiff, prosecuting attorney, assistant	16585
prosecuting attorney, correctional employee, community-based	16586
correctional facility employee, youth services employee,	16587
firefighter, EMT, or investigator of the bureau of criminal	16588
identification and investigation shall disclose to the journalist	16589
the address of the actual personal residence of the peace officer,	16590
parole officer, probation officer, bailiff, prosecuting attorney,	16591
assistant prosecuting attorney, correctional employee,	16592
community-based correctional facility employee, youth services	16593
employee, firefighter, EMT, or investigator of the bureau of	16594
criminal identification and investigation and, if the peace	16595
officer's, parole officer's, probation officer's, bailiff's,	16596
prosecuting attorney's, assistant prosecuting attorney's,	16597
correctional employee's, community-based correctional facility	16598
employee's, youth services employee's, firefighter's, EMT's, or	16599
investigator of the bureau of criminal identification and	16600
investigation's spouse, former spouse, or child is employed by a	16601
public office, the name and address of the employer of the peace	16602
officer's, parole officer's, probation officer's, bailiff's,	16603
prosecuting attorney's, assistant prosecuting attorney's,	16604
correctional employee's, community-based correctional facility	16605
employee's, youth services employee's, firefighter's, EMT's, or	16606
investigator of the bureau of criminal identification and	16607
investigation's spouse, former spouse, or child. The request shall	16608
include the journalist's name and title and the name and address	16609
of the journalist's employer and shall state that disclosure of	16610
the information sought would be in the public interest.	16611

(b) Division (B)(9)(a) of this section also applies to	16612
journalist requests for customer information maintained by a	16613
municipally owned or operated public utility, other than social	16614
security numbers and any private financial information such as	16615
credit reports, payment methods, credit card numbers, and bank	16616
account information.	16617

(c) As used in division (B)(9) of this section, "journalist"	16618
means a person engaged in, connected with, or employed by any news	16619
medium, including a newspaper, magazine, press association, news	16620
agency, or wire service, a radio or television station, or a	16621
similar medium, for the purpose of gathering, processing,	16622
transmitting, compiling, editing, or disseminating information for	16623
the general public.	16624

(C)(1) If a person allegedly is aggrieved by the failure of a	16625
public office or the person responsible for public records to	16626
promptly prepare a public record and to make it available to the	16627
person for inspection in accordance with division (B) of this	16628
section or by any other failure of a public office or the person	16629
responsible for public records to comply with an obligation in	16630
accordance with division (B) of this section, the person allegedly	16631
aggrieved may commence a mandamus action to obtain a judgment that	16632
orders the public office or the person responsible for the public	16633
record to comply with division (B) of this section, that awards	16634
court costs and reasonable attorney's fees to the person that	16635
instituted the mandamus action, and, if applicable, that includes	16636
an order fixing statutory damages under division (C)(1) of this	16637
section. The mandamus action may be commenced in the court of	16638
common pleas of the county in which division (B) of this section	16639
allegedly was not complied with, in the supreme court pursuant to	16640
its original jurisdiction under Section 2 of Article IV, Ohio	16641
Constitution, or in the court of appeals for the appellate	16642
district in which division (B) of this section allegedly was not	16643
complied with pursuant to its original jurisdiction under Section	16644
3 of Article IV, Ohio Constitution.	16645

If a requestor transmits a written request by hand delivery	16646
or certified mail to inspect or receive copies of any public	16647
record in a manner that fairly describes the public record or	16648
class of public records to the public office or person responsible	16649
for the requested public records, except as otherwise provided in	16650
this section, the requestor shall be entitled to recover the	16651
amount of statutory damages set forth in this division if a court	16652
determines that the public office or the person responsible for	16653
public records failed to comply with an obligation in accordance	16654
with division (B) of this section.	16655

The amount of statutory damages shall be fixed at one hundred	16656
dollars for each business day during which the public office or	16657
person responsible for the requested public records failed to	16658
comply with an obligation in accordance with division (B) of this	16659
section, beginning with the day on which the requester files a	16660
mandamus action to recover statutory damages, up to a maximum of	16661
one thousand dollars. The award of statutory damages shall not be	16662
construed as a penalty, but as compensation for injury arising	16663
from lost use of the requested information. The existence of this	16664
injury shall be conclusively presumed. The award of statutory	16665
damages shall be in addition to all other remedies authorized by	16666
this section.	16667

The court may reduce an award of statutory damages or not	16668
award statutory damages if the court determines both of the	16669
following:	16670

(a) That, based on the ordinary application of statutory law	16671
and case law as it existed at the time of the conduct or	16672
threatened conduct of the public office or person responsible for	16673
the requested public records that allegedly constitutes a failure	16674
to comply with an obligation in accordance with division (B) of	16675
this section and that was the basis of the mandamus action, a	16676
well-informed public office or person responsible for the	16677
requested public records reasonably would believe that the conduct	16678
or threatened conduct of the public office or person responsible	16679
for the requested public records did not constitute a failure to	16680
comply with an obligation in accordance with division (B) of this	16681
section;	16682

(b) That a well-informed public office or person responsible	16683
for the requested public records reasonably would believe that the	16684
conduct or threatened conduct of the public office or person	16685
responsible for the requested public records would serve the	16686
public policy that underlies the authority that is asserted as	16687
permitting that conduct or threatened conduct.	16688

(2)(a) If the court issues a writ of mandamus that orders the	16689
public office or the person responsible for the public record to	16690
comply with division (B) of this section and determines that the	16691
circumstances described in division (C)(1) of this section exist,	16692
the court shall determine and award to the relator all court	16693
costs.	16694

(b) If the court renders a judgment that orders the public	16695
office or the person responsible for the public record to comply	16696
with division (B) of this section, the court may award reasonable	16697
attorney's fees subject to reduction as described in division	16698
(C)(2)(c) of this section. The court shall award reasonable	16699
attorney's fees, subject to reduction as described in division	16700
(C)(2)(c) of this section when either of the following applies:	16701

(i) The public office or the person responsible for the	16702
public records failed to respond affirmatively or negatively to	16703
the public records request in accordance with the time allowed	16704
under division (B) of this section.	16705

(ii) The public office or the person responsible for the	16706
public records promised to permit the relator to inspect or	16707
receive copies of the public records requested within a specified	16708
period of time but failed to fulfill that promise within that	16709
specified period of time.	16710

(c) Court costs and reasonable attorney's fees awarded under	16711
this section shall be construed as remedial and not punitive.	16712
Reasonable attorney's fees shall include reasonable fees incurred	16713
to produce proof of the reasonableness and amount of the fees and	16714
to otherwise litigate entitlement to the fees. The court may	16715
reduce an award of attorney's fees to the relator or not award	16716
attorney's fees to the relator if the court determines both of the	16717
following:	16718

(i) That, based on the ordinary application of statutory law	16719
and case law as it existed at the time of the conduct or	16720
threatened conduct of the public office or person responsible for	16721
the requested public records that allegedly constitutes a failure	16722
to comply with an obligation in accordance with division (B) of	16723
this section and that was the basis of the mandamus action, a	16724
well-informed public office or person responsible for the	16725
requested public records reasonably would believe that the conduct	16726
or threatened conduct of the public office or person responsible	16727
for the requested public records did not constitute a failure to	16728
comply with an obligation in accordance with division (B) of this	16729
section;	16730

(ii) That a well-informed public office or person responsible	16731
for the requested public records reasonably would believe that the	16732
conduct or threatened conduct of the public office or person	16733
responsible for the requested public records as described in	16734
division (C)(2)(c)(i) of this section would serve the public	16735
policy that underlies the authority that is asserted as permitting	16736
that conduct or threatened conduct.	16737

(D) Chapter 1347. of the Revised Code does not limit the	16738
provisions of this section.	16739

(E)(1) To ensure that all employees of public offices are	16740
appropriately educated about a public office's obligations under	16741
division (B) of this section, all elected officials or their	16742
appropriate designees shall attend training approved by the	16743
attorney general as provided in section 109.43 of the Revised	16744
Code. In addition, all public offices shall adopt a public records	16745
policy in compliance with this section for responding to public	16746
records requests. In adopting a public records policy under this	16747
division, a public office may obtain guidance from the model	16748
public records policy developed and provided to the public office	16749
by the attorney general under section 109.43 of the Revised Code.	16750
Except as otherwise provided in this section, the policy may not	16751
limit the number of public records that the public office will	16752
make available to a single person, may not limit the number of	16753
public records that it will make available during a fixed period	16754
of time, and may not establish a fixed period of time before it	16755
will respond to a request for inspection or copying of public	16756
records, unless that period is less than eight hours.	16757

(2) The public office shall distribute the public records	16758
policy adopted by the public office under division (E)(1) of this	16759
section to the employee of the public office who is the records	16760
custodian or records manager or otherwise has custody of the	16761
records of that office. The public office shall require that	16762
employee to acknowledge receipt of the copy of the public records	16763
policy. The public office shall create a poster that describes its	16764
public records policy and shall post the poster in a conspicuous	16765
place in the public office and in all locations where the public	16766
office has branch offices. The public office may post its public	16767
records policy on the internet web site of the public office if	16768
the public office maintains an internet web site. A public office	16769
that has established a manual or handbook of its general policies	16770
and procedures for all employees of the public office shall	16771
include the public records policy of the public office in the	16772
manual or handbook.	16773

(F)(1) The bureau of motor vehicles may adopt rules pursuant	16774
to Chapter 119. of the Revised Code to reasonably limit the number	16775
of bulk commercial special extraction requests made by a person	16776
for the same records or for updated records during a calendar	16777
year. The rules may include provisions for charges to be made for	16778
bulk commercial special extraction requests for the actual cost of	16779
the bureau, plus special extraction costs, plus ten per cent. The	16780
bureau may charge for expenses for redacting information, the	16781
release of which is prohibited by law.	16782

(2) As used in division (F)(1) of this section:

16783

(a) "Actual cost" means the cost of depleted supplies,	16784
records storage media costs, actual mailing and alternative	16785
delivery costs, or other transmitting costs, and any direct	16786
equipment operating and maintenance costs, including actual costs	16787
paid to private contractors for copying services.	16788

(b) "Bulk commercial special extraction request" means a	16789
request for copies of a record for information in a format other	16790
than the format already available, or information that cannot be	16791
extracted without examination of all items in a records series,	16792
class of records, or ~~data base~~database by a person who intends to	16793
use or forward the copies for surveys, marketing, solicitation, or	16794
resale for commercial purposes. "Bulk commercial special	16795
extraction request" does not include a request by a person who	16796
gives assurance to the bureau that the person making the request	16797
does not intend to use or forward the requested copies for	16798
surveys, marketing, solicitation, or resale for commercial	16799
purposes.	16800

(c) "Commercial" means profit-seeking production, buying, or	16801
selling of any good, service, or other product.	16802

(d) "Special extraction costs" means the cost of the time	16803
spent by the lowest paid employee competent to perform the task,	16804
the actual amount paid to outside private contractors employed by	16805
the bureau, or the actual cost incurred to create computer	16806
programs to make the special extraction. "Special extraction	16807
costs" include any charges paid to a public agency for computer or	16808
records services.	16809

(3) For purposes of divisions (F)(1) and (2) of this section,	16810
"surveys, marketing, solicitation, or resale for commercial	16811
purposes" shall be narrowly construed and does not include	16812
reporting or gathering news, reporting or gathering information to	16813
assist citizen oversight or understanding of the operation or	16814
activities of government, or nonprofit educational research.	16815

Sec. 149.431. (A) Except as provided in sections 9.833 and	16816
~~2744.08~~2744.081 of the Revised Code, any governmental entity or	16817
agency and any nonprofit corporation or association, except a	16818
corporation organized pursuant to Chapter 1719. of the Revised	16819
Code prior to January 1, 1980 or organized pursuant to Chapter	16820
3941. of the Revised Code, that enters into a contract or other	16821
agreement with the federal government, a unit of state government,	16822
or a political subdivision or taxing unit of this state for the	16823
provision of services shall keep accurate and complete financial	16824
records of any moneys expended in relation to the performance of	16825
the services pursuant to such contract or agreement according to	16826
generally accepted accounting principles. Such contract or	16827
agreement and such financial records shall be deemed to be public	16828
records as defined in division (A)(1) of section 149.43 of the	16829
Revised Code and are subject to the requirements of division (B)	16830
of that section, except that:	16831

(1) Any information directly or indirectly identifying a	16832
present or former individual patient or client or such an	16833
individual patient's or client's diagnosis, prognosis, or medical	16834
treatment, treatment for a mental or emotional disorder, treatment	16835
for mental retardation or a developmental disability, treatment	16836
for drug abuse or alcoholism, or counseling for personal or social	16837
problems is not a public record;	16838

(2) If disclosure of the contract or agreement or financial	16839
records is requested at a time when confidential professional	16840
services are being provided to a patient or client whose	16841
confidentiality might be violated if disclosure were made at that	16842
time, disclosure may be deferred if reasonable times are	16843
established when the contract or agreement or financial records	16844
will be disclosed.	16845

(3) Any nonprofit corporation or association that receives	16846
both public and private funds in fulfillment of any such contract	16847
or other agreement is not required to keep as public records the	16848
financial records of any private funds expended in relation to the	16849
performance of services pursuant to the contract or agreement.	16850

(B) Any nonprofit corporation or association that receives	16851
more than fifty per cent of its gross receipts excluding moneys	16852
received pursuant to Title XVIII of the "Social Security Act," 49	16853
Stat. 620 (1935), 42 U.S.C. 301, as amended, in a calendar year in	16854
fulfillment of a contract or other agreement for services with a	16855
governmental entity shall maintain information setting forth the	16856
compensation of any individual serving the nonprofit corporation	16857
or association in an executive or administrative capacity. Such	16858
information shall be deemed to be public records as defined in	16859
division (A)(1) of section 149.43 of the Revised Code and is	16860
subject to the requirements of division (B) of that section.	16861

Nothing in this section shall be construed to otherwise limit	16862
the provisions of section 149.43 of the Revised Code.	16863

Sec. 149.54. In order to ensure that archaeological survey	16864
and salvage work on public lands, dedicated archaeological	16865
preserves, and registered state archaeological landmarks is	16866
conducted in a scientific manner, the director of the Ohio	16867
historical society shall, in consultation with the Ohio	16868
archaeological council and the archaeological society of Ohio,	16869
adopt and may amend or rescind rules, in accordance with Chapter	16870
119. of the Revised Code, prescribing minimum education, training,	16871
and experience requirements for personnel in charge of or	16872
otherwise engaging in archaeological survey and salvage work, and	16873
prescribing scientific methods for undertaking such activities.	16874

No person shall engage in archaeological survey or salvage	16875
work on any land that is owned, controlled, or administered by the	16876
state or any political subdivision of the state, or at any	16877
archaeological preserve, dedicated under section 149.52 of the	16878
Revised Code, ~~or at any state archaeological landmark registered~~	16879
~~under section 149.51 of the Revised Code,~~ without first obtaining	16880
the written permission of the director. To obtain permission, the	16881
applicant shall submit written application to the director, which	16882
application shall indicate the proposed location, the	16883
qualifications of personnel who will be engaged in the	16884
archaeological survey or salvage work, the proposed methods of	16885
survey or salvage, and such other information as the director	16886
requires by rule.	16887

The director shall deny the applicant permission to engage in	16888
archaeological survey or salvage work at the proposed location if	16889
the applicant's proposed undertaking will not comply with the	16890
rules adopted under this section. The director shall by written	16891
order approve or deny permission to disturb the site. If the	16892
director decides to deny permission, the order shall state the	16893
reasons for denial, and the director shall afford the applicant an	16894
adjudication hearing under Chapter 119. of the Revised Code. The	16895
requirements of this section and of any rule adopted pursuant to	16896
this section shall not apply to any department, agency, unit,	16897
instrumentality, or political subdivision of the state.	16898

Whoever violates this section is guilty of a misdemeanor of	16899
the second degree. Whoever violates or threatens to violate this	16900
section may be enjoined from violation.	16901

Sec. 151.11. (A) As used in this section:

16902

(1) "Costs of sites and facilities" includes related direct	16903
administrative expenses and allocable portions of the direct costs	16904
of those projects. "Costs of sites and facilities" includes	16905
"allowable costs" as defined in section 122.085 of the Revised	16906
Code.	16907

(2) "Obligations" means obligations as defined in section	16908
151.01 of the Revised Code issued to pay costs of sites and	16909
facilities in Ohio for and in support of industry, commerce,	16910
distribution, and research and development purposes as referred to	16911
in division (A)(3) of Section 2p of Article VIII, Ohio	16912
Constitution.	16913

(B) The issuing authority shall issue general obligations of	16914
the state to pay costs of sites and facilities pursuant to	16915
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	16916
section 151.01 of the Revised Code, and this section. The issuing	16917
authority shall issue obligations in the amount determined by the	16918
issuing authority to be required for those purposes. The total	16919
principal amount of obligations issued under this section shall	16920
not exceed one hundred fifty million dollars.	16921

(C) Net proceeds of obligations shall be deposited into the	16922
job ready site development fund created by section 122.0820 of the	16923
Revised Code.	16924

(D) There is hereby created in the state treasury the job	16925
ready site development bond service fund. All moneys received by	16926
the state and required by the bond proceedings, consistent with	16927
section 151.01 of the Revised Code and this section, to be	16928
deposited, transferred, or credited to the bond service fund, and	16929
all other moneys transferred or allocated to or received for the	16930
purposes of that fund, shall be deposited and credited to the bond	16931
service fund, subject to any applicable provisions of the bond	16932
proceedings, but without necessity for any act of appropriation.	16933
During the period beginning with the date of the first issuance of	16934
obligations and continuing during the time that any obligations	16935
are outstanding in accordance with their terms, so long as moneys	16936
in the bond service fund are insufficient to pay debt service when	16937
due on those obligations payable from that fund, except the	16938
principal amounts of bond anticipation notes payable from the	16939
proceeds of renewal notes or bonds anticipated, and due in the	16940
particular fiscal year, a sufficient amount of revenues of the	16941
state is committed and, without necessity for further act of	16942
appropriation, shall be paid to the bond service fund for the	16943
purpose of paying that debt service when due. All investment	16944
earnings on the cash balance in the fund shall be credited to the	16945
fund.	16946

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	16947
152.33 of the Revised Code:	16948

(1) "Obligations" means bonds, notes, or other evidences of	16949
obligation, including interest coupons pertaining thereto, issued	16950
pursuant to sections 152.09 to 152.33 of the Revised Code.	16951

(2) "State agencies" means the state of Ohio and branches,	16952
officers, boards, commissions, authorities, departments,	16953
divisions, courts, general assembly, or other units or agencies of	16954
the state. "State agency" also includes counties, municipal	16955
corporations, and governmental entities of this state that enter	16956
into leases with the Ohio building authority pursuant to section	16957
152.31 of the Revised Code or that are designated by law as state	16958
agencies for the purpose of performing a state function that is to	16959
be housed by a capital facility for which the Ohio building	16960
authority is authorized to issue revenue obligations pursuant to	16961
sections 152.09 to 152.33 of the Revised Code.	16962

(3) "Bond service charges" means principal, including	16963
mandatory sinking fund requirements for retirement of obligations,	16964
and interest, and redemption premium, if any, required to be paid	16965
by the Ohio building authority on obligations.	16966

(4) "Capital facilities" means buildings, structures, and	16967
other improvements, and equipment, real estate, and interests in	16968
real estate therefor, within the state, and any one, part of, or	16969
combination of the foregoing, for housing of branches and agencies	16970
of state government, including capital facilities for the purpose	16971
of housing personnel, equipment, or functions, or any combination	16972
thereof that the state agencies are responsible for housing, for	16973
which the Ohio building authority is authorized to issue	16974
obligations pursuant to Chapter 152. of the Revised Code, and	16975
includes storage and parking facilities related to such capital	16976
facilities. For purposes of sections 152.10 to 152.15 of the	16977
Revised Code, "capital facilities" includes community or technical	16978
college capital facilities.	16979

(5) "Cost of capital facilities" means the costs of	16980
assessing, planning, acquiring, constructing, reconstructing,	16981
rehabilitating, remodeling, renovating, enlarging, improving,	16982
altering, maintaining, equipping, furnishing, repairing, painting,	16983
decorating, managing, or operating capital facilities, and the	16984
financing thereof, including the cost of clearance and preparation	16985
of the site and of any land to be used in connection with capital	16986
facilities, the cost of participating in capital facilities	16987
pursuant to section 152.33 of the Revised Code, the cost of any	16988
indemnity and surety bonds and premiums on insurance, all related	16989
direct administrative expenses and allocable portions of direct	16990
costs of the authority and lessee state agencies, cost of	16991
engineering and architectural services, designs, plans,	16992
specifications, surveys, and estimates of cost, legal fees, fees	16993
and expenses of trustees, depositories, and paying agents for the	16994
obligations, cost of issuance of the obligations and financing	16995
charges and fees and expenses of financial advisers and	16996
consultants in connection therewith, interest on obligations from	16997
the date thereof to the time when interest is to be covered from	16998
sources other than proceeds of obligations, amounts that represent	16999
the portion of investment earnings to be rebated or to be paid to	17000
the federal government in order to maintain the exclusion from	17001
gross income for federal income tax purposes of interest on those	17002
obligations pursuant to section 148(f) of the Internal Revenue	17003
Code, amounts necessary to establish reserves as required by the	17004
resolutions or the obligations, trust agreements, or indentures,	17005
costs of audits, the reimbursement of all moneys advanced or	17006
applied by or borrowed from any governmental entity, whether to or	17007
by the authority or others, from whatever source provided, for the	17008
payment of any item or items of cost of the capital facilities,	17009
any share of the cost undertaken by the authority pursuant to	17010
arrangements made with governmental entities under division (J) of	17011
section 152.21 of the Revised Code, and all other expenses	17012
necessary or incident to assessing, planning, or determining the	17013
feasibility or practicability with respect to capital facilities,	17014
and such other expenses as may be necessary or incident to the	17015
assessment, planning, acquisition, construction, reconstruction,	17016
rehabilitation, remodeling, renovation, enlargement, improvement,	17017
alteration, maintenance, equipment, furnishing, repair, painting,	17018
decoration, management, or operation of capital facilities, the	17019
financing thereof and the placing of the same in use and	17020
operation, including any one, part of, or combination of such	17021
classes of costs and expenses.	17022

(6) "Governmental entity" means any state agency, municipal	17023
corporation, county, township, school district, and any other	17024
political subdivision or special district in this state	17025
established pursuant to law, and, except where otherwise	17026
indicated, also means the United States or any of the states or	17027
any department, division, or agency thereof, and any agency,	17028
commission, or authority established pursuant to an interstate	17029
compact or agreement.	17030

(7) "Governing body" means:

17031

(a) In the case of a county, the board of county	17032
commissioners or other legislative authority; in the case of a	17033
municipal corporation, the legislative authority; in the case of a	17034
township, the board of township trustees; in the case of a school	17035
district, the board of education;	17036

(b) In the case of any other governmental entity, the	17037
officer, board, commission, authority, or other body having the	17038
general management of the entity or having jurisdiction or	17039
authority in the particular circumstances.	17040

(8) "Available receipts" means fees, charges, revenues,	17041
grants, subsidies, income from the investment of moneys, proceeds	17042
from the sale of goods or services, and all other revenues or	17043
receipts received by or on behalf of any state agency for which	17044
capital facilities are financed with obligations issued under	17045
Chapter 152. of the Revised Code, any state agency participating	17046
in capital facilities pursuant to section 152.33 of the Revised	17047
Code, or any state agency by which the capital facilities are	17048
constructed or financed; revenues or receipts derived by the	17049
authority from the operation, leasing, or other disposition of	17050
capital facilities, and the proceeds of obligations issued under	17051
Chapter 152. of the Revised Code; and also any moneys appropriated	17052
by a governmental entity, gifts, grants, donations, and pledges,	17053
and receipts therefrom, available for the payment of bond service	17054
charges on such obligations.	17055

(9) "Available community or technical college receipts" means	17056
all money received by a community or technical college or	17057
community or technical college district, including income,	17058
revenues, and receipts from the operation, ownership, or control	17059
of facilities, grants, gifts, donations, and pledges and receipts	17060
therefrom, receipts from fees and charges, the allocated state	17061
share of instruction as defined in section ~~3333.90~~3333.59 of the	17062
Revised Code, and the proceeds of the sale of obligations,	17063
including proceeds of obligations issued to refund obligations	17064
previously issued, but excluding any special fee, and receipts	17065
therefrom, charged pursuant to division (D) of section 154.21 of	17066
the Revised Code.	17067

(10) "Community or technical college," "college," "community	17068
or technical college district," and "district" have the same	17069
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	17070

(11) "Community or technical college capital facilities"	17071
means auxiliary facilities, education facilities, and housing and	17072
dining facilities, as those terms are defined in section 3345.12	17073
of the Revised Code, to the extent permitted to be financed by the	17074
issuance of obligations under division (A)(2) of section 3357.112	17075
of the Revised Code, that are authorized by sections 3354.121,	17076
3357.112, and 3358.10 of the Revised Code to be financed by	17077
obligations issued by a community or technical college district,	17078
and for which the Ohio building authority is authorized to issue	17079
obligations pursuant to Chapter 152. of the Revised Code, and	17080
includes any one, part of, or any combination of the foregoing,	17081
and further includes site improvements, utilities, machinery,	17082
furnishings, and any separate or connected buildings, structures,	17083
improvements, sites, open space and green space areas, utilities,	17084
or equipment to be used in, or in connection with the operation or	17085
maintenance of, or supplementing or otherwise related to the	17086
services or facilities to be provided by, such facilities.	17087

(12) "Cost of community or technical college capital	17088
facilities" means the costs of acquiring, constructing,	17089
reconstructing, rehabilitating, remodeling, renovating, enlarging,	17090
improving, equipping, or furnishing community or technical college	17091
capital facilities, and the financing thereof, including the cost	17092
of clearance and preparation of the site and of any land to be	17093
used in connection with community or technical college capital	17094
facilities, the cost of any indemnity and surety bonds and	17095
premiums on insurance, all related direct administrative expenses	17096
and allocable portions of direct costs of the authority, community	17097
or technical college or community or technical college district,	17098
cost of engineering, architectural services, design, plans,	17099
specifications and surveys, estimates of cost, legal fees, fees	17100
and expenses of trustees, depositories, bond registrars, and	17101
paying agents for the obligations, cost of issuance of the	17102
obligations and financing costs and fees and expenses of financial	17103
advisers and consultants in connection therewith, interest on the	17104
obligations from the date thereof to the time when interest is to	17105
be covered by available receipts or other sources other than	17106
proceeds of the obligations, amounts that represent the portion of	17107
investment earnings to be rebated or to be paid to the federal	17108
government in order to maintain the exclusion from gross income	17109
for federal income tax purposes of interest on those obligations	17110
pursuant to section 148(f) of the Internal Revenue Code, amounts	17111
necessary to establish reserves as required by the bond	17112
proceedings, costs of audits, the reimbursements of all moneys	17113
advanced or applied by or borrowed from the community or technical	17114
college, community or technical college district, or others, from	17115
whatever source provided, including any temporary advances from	17116
state appropriations, for the payment of any item or items of cost	17117
of community or technical college facilities, and all other	17118
expenses necessary or incident to planning or determining	17119
feasibility or practicability with respect to such facilities, and	17120
such other expenses as may be necessary or incident to the	17121
acquisition, construction, reconstruction, rehabilitation,	17122
remodeling, renovation, enlargement, improvement, equipment, and	17123
furnishing of community or technical college capital facilities,	17124
the financing thereof and the placing of them in use and	17125
operation, including any one, part of, or combination of such	17126
classes of costs and expenses.	17127

(B) Pursuant to the powers granted to the general assembly	17128
under Section 2i of Article VIII, Ohio Constitution, to authorize	17129
the issuance of revenue obligations and other obligations, the	17130
owners or holders of which are not given the right to have excises	17131
or taxes levied by the general assembly for the payment of	17132
principal thereof or interest thereon, the Ohio building authority	17133
may issue obligations, in accordance with Chapter 152. of the	17134
Revised Code, and shall cause the net proceeds thereof, after any	17135
deposits of accrued interest for the payment of bond service	17136
charges and after any deposit of all or such lesser portion as the	17137
authority may direct of the premium received upon the sale of	17138
those obligations for the payment of the bond service charges, to	17139
be applied to the costs of capital facilities designated by or	17140
pursuant to act of the general assembly for housing state agencies	17141
as authorized by Chapter 152. of the Revised Code. The authority	17142
shall provide by resolution for the issuance of such obligations.	17143
The bond service charges and all other payments required to be	17144
made by the trust agreement or indenture securing such obligations	17145
shall be payable solely from available receipts of the authority	17146
pledged thereto as provided in such resolution. The available	17147
receipts pledged and thereafter received by the authority are	17148
immediately subject to the lien of such pledge without any	17149
physical delivery thereof or further act, and the lien of any such	17150
pledge is valid and binding against all parties having claims of	17151
any kind against the authority, irrespective of whether those	17152
parties have notice thereof, and creates a perfected security	17153
interest for all purposes of Chapter 1309. of the Revised Code and	17154
a perfected lien for purposes of any real property interest, all	17155
without the necessity for separation or delivery of funds or for	17156
the filing or recording of the resolution, trust agreement,	17157
indenture, or other agreement by which such pledge is created or	17158
any certificate, statement, or other document with respect	17159
thereto; and the pledge of such available receipts is effective	17160
and the money therefrom and thereof may be applied to the purposes	17161
for which pledged. Every pledge, and every covenant and agreement	17162
made with respect to the pledge, made in the resolution may	17163
therein be extended to the benefit of the owners and holders of	17164
obligations authorized by Chapter 152. of the Revised Code, the	17165
net proceeds of which are to be applied to the costs of capital	17166
facilities, and to any trustee therefor, for the further securing	17167
of the payment of the bond service charges, and all or any rights	17168
under any agreement or lease made under this section may be	17169
assigned for such purpose. Obligations may be issued at one time	17170
or from time to time, and each issue shall be dated, shall mature	17171
at such time or times as determined by the authority not exceeding	17172
forty years from the date of issue, and may be redeemable before	17173
maturity at the option of the authority at such price or prices	17174
and under such terms and conditions as are fixed by the authority	17175
prior to the issuance of the obligations. The authority shall	17176
determine the form of the obligations, fix their denominations,	17177
establish their interest rate or rates, which may be a variable	17178
rate or rates, or the maximum interest rate, and establish within	17179
or without this state a place or places of payment of bond service	17180
charges.	17181

(C) The obligations shall be signed by the authority	17182
chairperson, vice-chairperson, and secretary-treasurer, and the	17183
authority seal shall be affixed. The signatures may be facsimile	17184
signatures and the seal affixed may be a facsimile seal, as	17185
provided by resolution of the authority. Any coupons attached may	17186
bear the facsimile signature of the chairperson. In case any	17187
officer who has signed any obligations, or caused the officer's	17188
facsimile signature to be affixed thereto, ceases to be such	17189
officer before such obligations have been delivered, such	17190
obligations may, nevertheless, be issued and delivered as though	17191
the person who had signed the obligations or caused the person's	17192
facsimile signature to be affixed thereto had not ceased to be	17193
such officer.	17194

Any obligations may be executed on behalf of the authority by	17195
an officer who, on the date of execution, is the proper officer	17196
although on the date of such obligations such person was not the	17197
proper officer.	17198

(D) All obligations issued by the authority shall have all	17199
the qualities and incidents of negotiable instruments and may be	17200
issued in coupon or in registered form, or both, as the authority	17201
determines. Provision may be made for the registration of any	17202
obligations with coupons attached thereto as to principal alone or	17203
as to both principal and interest, their exchange for obligations	17204
so registered, and for the conversion or reconversion into	17205
obligations with coupons attached thereto of any obligations	17206
registered as to both principal and interest, and for reasonable	17207
charges for such registration, exchange, conversion, and	17208
reconversion. The authority may sell its obligations in any manner	17209
and for such prices as it determines, except that the authority	17210
shall sell obligations sold at public or private sale in	17211
accordance with section 152.091 of the Revised Code.	17212

(E) The obligations of the authority, principal, interest,	17213
and any proceeds from their sale or transfer, are exempt from all	17214
taxation within this state.	17215

(F) The authority is authorized to issue revenue obligations	17216
and other obligations under Section 2i of Article VIII, Ohio	17217
Constitution, for the purpose of paying the cost of capital	17218
facilities for housing of branches and agencies of state	17219
government, including capital facilities for the purpose of	17220
housing personnel, equipment, or functions, or any combination	17221
thereof that the state agencies are responsible for housing, as	17222
are authorized by Chapter 152. of the Revised Code, and that are	17223
authorized by the general assembly by the appropriation of lease	17224
payments or other moneys for such capital facilities or by any	17225
other act of the general assembly, but not including the	17226
appropriation of moneys for feasibility studies for such capital	17227
facilities. This division does not authorize the authority to	17228
issue obligations pursuant to Section 2i of Article VIII, Ohio	17229
Constitution, to pay the cost of capital facilities for mental	17230
hygiene and retardation, parks and recreation, or state-supported	17231
or state-assisted institutions of higher education.	17232

(G) The authority is authorized to issue revenue obligations	17233
under Section 2i of Article VIII, Ohio Constitution, on behalf of	17234
a community or technical college district and shall cause the net	17235
proceeds thereof, after any deposits of accrued interest for the	17236
payment of bond service charges and after any deposit of all or	17237
such lesser portion as the authority may direct of the premium	17238
received upon the sale of those obligations for the payment of the	17239
bond service charges, to be applied to the cost of community or	17240
technical college capital facilities, provided that the issuance	17241
of such obligations is subject to the execution of a written	17242
agreement in accordance with division (C) of section ~~3333.90~~	17243
3333.59 of the Revised Code for the withholding and depositing of	17244
funds otherwise due the district, or the college it operates, in	17245
respect of its allocated state share of instruction.	17246

The authority shall provide by resolution for the issuance of	17247
such obligations. The bond service charges and all other payments	17248
required to be made by the trust agreement or indenture securing	17249
the obligations shall be payable solely from available community	17250
or technical college receipts pledged thereto as provided in the	17251
resolution. The available community or technical college receipts	17252
pledged and thereafter received by the authority are immediately	17253
subject to the lien of such pledge without any physical delivery	17254
thereof or further act, and the lien of any such pledge is valid	17255
and binding against all parties having claims of any kind against	17256
the authority, irrespective of whether those parties have notice	17257
thereof, and creates a perfected security interest for all	17258
purposes of Chapter 1309. of the Revised Code and a perfected lien	17259
for purposes of any real property interest, all without the	17260
necessity for separation or delivery of funds or for the filing or	17261
recording of the resolution, trust agreement, indenture, or other	17262
agreement by which such pledge is created or any certificate,	17263
statement, or other document with respect thereto; and the pledge	17264
of such available community or technical college receipts is	17265
effective and the money therefrom and thereof may be applied to	17266
the purposes for which pledged. Every pledge, and every covenant	17267
and agreement made with respect to the pledge, made in the	17268
resolution may therein be extended to the benefit of the owners	17269
and holders of obligations authorized by this division, and to any	17270
trustee therefor, for the further securing of the payment of the	17271
bond service charges, and all or any rights under any agreement or	17272
lease made under this section may be assigned for such purpose.	17273
Obligations may be issued at one time or from time to time, and	17274
each issue shall be dated, shall mature at such time or times as	17275
determined by the authority not exceeding forty years from the	17276
date of issue, and may be redeemable before maturity at the option	17277
of the authority at such price or prices and under such terms and	17278
conditions as are fixed by the authority prior to the issuance of	17279
the obligations. The authority shall determine the form of the	17280
obligations, fix their denominations, establish their interest	17281
rate or rates, which may be a variable rate or rates, or the	17282
maximum interest rate, and establish within or without this state	17283
a place or places of payment of bond service charges.	17284

Sec. 153.692. For every design-build contract, the public	17285
authority planning to contract for design-build services shall	17286
first obtain the services of a criteria architect or engineer by	17287
doing either of the following:	17288

(A) Contracting for the services consistent with sections	17289
153.65 to 153.70 of the Revised Code;	17290

(B) Obtaining the services through an architect or engineer	17291
who is an employee of the public authority and notifying the	17292
~~department of administrative services~~Ohio facilities construction	17293
commission before the services are performed.	17294

Sec. 154.01. As used in this chapter:

17295

(A) "Commission" means the Ohio public facilities commission	17296
created in section 151.02 of the Revised Code.	17297

(B) "Obligations" means bonds, notes, or other evidences of	17298
obligation, including interest coupons pertaining thereto, issued	17299
pursuant to Chapter 154. of the Revised Code.	17300

(C) "Bond proceedings" means the order or orders, resolution	17301
or resolutions, trust agreement, indenture, lease, and other	17302
agreements, amendments and supplements to the foregoing, or any	17303
combination thereof, authorizing or providing for the terms and	17304
conditions applicable to, or providing for the security of,	17305
obligations issued pursuant to Chapter 154. of the Revised Code,	17306
and the provisions contained in such obligations.	17307

(D) "State agencies" means the state of Ohio and officers,	17308
boards, commissions, departments, divisions, or other units or	17309
agencies of the state.	17310

(E) "Governmental agency" means state agencies, state	17311
supported and assisted institutions of higher education, municipal	17312
corporations, counties, townships, school districts, and any other	17313
political subdivision or special district in this state	17314
established pursuant to law, and, except where otherwise	17315
indicated, also means the United States or any department,	17316
division, or agency thereof, and any agency, commission, or	17317
authority established pursuant to an interstate compact or	17318
agreement.	17319

(F) "Institutions of higher education" and "state supported	17320
or state assisted institutions of higher education" means the	17321
state universities identified in section 3345.011 of the Revised	17322
Code, the northeast Ohio medical university, state universities or	17323
colleges at any time created, community college districts,	17324
university branch districts, and technical college districts at	17325
any time established or operating under Chapter 3354., 3355., or	17326
3357. of the Revised Code, and other institutions for education,	17327
including technical education, beyond the high school, receiving	17328
state support or assistance for their expenses of operation.	17329

(G) "Governing body" means:

17330

(1) In the case of institutions of higher education, the	17331
board of trustees, board of directors, commission, or other body	17332
vested by law with the general management, conduct, and control of	17333
one or more institutions of higher education;	17334

(2) In the case of a county, the board of county	17335
commissioners or other legislative body; in the case of a	17336
municipal corporation, the council or other legislative body; in	17337
the case of a township, the board of township trustees; in the	17338
case of a school district, the board of education;	17339

(3) In the case of any other governmental agency, the	17340
officer, board, commission, authority or other body having the	17341
general management thereof or having jurisdiction or authority in	17342
the particular circumstances.	17343

(H) "Person" means any person, firm, partnership,	17344
association, or corporation.	17345

(I) "Bond service charges" means principal, including	17346
mandatory sinking fund requirements for retirement of obligations,	17347
and interest, and redemption premium, if any, required to be paid	17348
by the state on obligations. If not prohibited by the applicable	17349
bond proceedings, bond service charges may include costs relating	17350
to credit enhancement facilities that are related to and	17351
represent, or are intended to provide a source of payment of or	17352
limitation on, other bond service charges.	17353

(J) "Capital facilities" means buildings, structures, and	17354
other improvements, and equipment, real estate, and interests in	17355
real estate therefor, within the state, and any one, part of, or	17356
combination of the foregoing, to serve the general purposes for	17357
which the issuing authority is authorized to issue obligations	17358
pursuant to Chapter 154. of the Revised Code, including, but not	17359
limited to, drives, roadways, parking facilities, walks, lighting,	17360
machinery, furnishings, utilities, landscaping, wharves, docks,	17361
piers, reservoirs, dams, tunnels, bridges, retaining walls,	17362
riprap, culverts, ditches, channels, watercourses, retention	17363
basins, standpipes and water storage facilities, waste treatment	17364
and disposal facilities, heating, air conditioning and	17365
communications facilities, inns, lodges, cabins, camping sites,	17366
golf courses, boat and bathing facilities, athletic and	17367
recreational facilities, and site improvements.	17368

(K) "Costs of capital facilities" means the costs of	17369
acquiring, constructing, reconstructing, rehabilitating,	17370
remodeling, renovating, enlarging, improving, equipping, or	17371
furnishing capital facilities, and the financing thereof,	17372
including the cost of clearance and preparation of the site and of	17373
any land to be used in connection with capital facilities, the	17374
cost of any indemnity and surety bonds and premiums on insurance,	17375
all related direct administrative expenses and allocable portions	17376
of direct costs of the commission or issuing authority and	17377
department of administrative services, or other designees of the	17378
commission under section 154.17 of the Revised Code, cost of	17379
engineering and architectural services, designs, plans,	17380
specifications, surveys, and estimates of cost, legal fees, fees	17381
and expenses of trustees, depositories, and paying agents for the	17382
obligations, cost of issuance of the obligations and financing	17383
charges and fees and expenses of financial advisers and	17384
consultants in connection therewith, interest on obligations,	17385
including but not limited to, interest from the date of their	17386
issuance to the time when interest is to be covered from sources	17387
other than proceeds of obligations, amounts necessary to establish	17388
reserves as required by the bond proceedings, costs of audits, the	17389
reimbursement of all moneys advanced or applied by or borrowed	17390
from any governmental agency, whether to or by the commission or	17391
others, from whatever source provided, for the payment of any item	17392
or items of cost of the capital facilities, any share of the cost	17393
undertaken by the commission pursuant to arrangements made with	17394
governmental agencies under division (H) of section 154.06 of the	17395
Revised Code, and all other expenses necessary or incident to	17396
planning or determining feasibility or practicability with respect	17397
to capital facilities, and such other expenses as may be necessary	17398
or incident to the acquisition, construction, reconstruction,	17399
rehabilitation, remodeling, renovation, enlargement, improvement,	17400
equipment, and furnishing of capital facilities, the financing	17401
thereof and the placing of the same in use and operation,	17402
including any one, part of, or combination of such classes of	17403
costs and expenses.	17404

(L) "Public service facilities" means inns, lodges, hotels,	17405
cabins, camping sites, scenic trails, picnic sites, restaurants,	17406
commissaries, golf courses, boating and bathing facilities and	17407
other similar facilities in state parks.	17408

(M) "State parks" means:

17409

(1) State reservoirs described and identified in section	17410
1541.06 of the Revised Code;	17411

(2) All lands or interests therein of the state identified as	17412
administered by the division of parks and recreation in the	17413
"inventory of state owned lands administered by the department of	17414
natural resources as of June 1, 1963," as recorded in the journal	17415
of the director, which inventory was prepared by the real estate	17416
section of the department and is supported by maps now on file in	17417
said real estate section;	17418

(3) All lands or interests in lands of the state designated	17419
after June 1, 1963, as state parks in the journal of the director	17420
with the approval of the recreation and resources council.	17421

State parks do not include any lands or interest in lands of	17422
the state administered jointly by two or more divisions of the	17423
department of natural resources. The designation of lands as state	17424
parks under divisions (M)(1) to (3) of this section is conclusive	17425
and such lands shall be under the control of and administered by	17426
the division of parks and recreation. No order or proceeding	17427
designating lands as state parks or park purchase areas is subject	17428
to any appeal or review by any officer, board, commission, or	17429
court.	17430

(N) "Bond service fund" means the applicable fund created for	17431
and pledged to the payment of bond service charges under section	17432
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	17433
all moneys and investments, and earnings from investments,	17434
credited and to be credited thereto.	17435

(O) "Improvement fund" means the applicable fund created for	17436
the payment of costs of capital facilities under section 123.201,	17437
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	17438
including all moneys and investments, and earnings from	17439
investments, credited and to be credited thereto.	17440

(P) "Special funds" or "funds" means, except where the	17441
context does not permit, the bond service funds, the improvements	17442
funds, and any other funds for similar or different purposes	17443
created under bond proceedings, including all moneys and	17444
investments, and earnings from investments, credited and to be	17445
credited thereto.	17446

(Q) "Year" unless the context indicates a different meaning	17447
or intent, means a calendar year beginning on the first day of	17448
January and ending on the thirty-first day of December.	17449

(R) "Fiscal year" means the period of twelve months beginning	17450
on the first day of July and ending on the thirtieth day of June.	17451

(S) "Issuing authority" means the treasurer of state or the	17452
officer or employee who by law performs the functions of that	17453
office.	17454

(T) "Credit enhancement facilities" has the same meaning as	17455
in section 133.01 of the Revised Code.	17456

(U) "Ohio cultural facility" and "Ohio sports facility" have	17457
the same meanings as in section ~~3383.01~~123.28 of the Revised	17458
Code.	17459

Sec. 154.17. The departments of administrative services,	17460
~~mental health~~mental health and addiction services, developmental	17461
disabilities, rehabilitation and correction, and natural	17462
resources, the Ohio board of regents, institutions of higher	17463
education, and other state officers and state agencies shall	17464
cooperate with the commission in providing services and	17465
information requested by the commission for purposes of Chapter	17466
154. of the Revised Code, and the commission may make mutually	17467
satisfactory arrangements therefor and may thereunder designate	17468
any governmental agency for the management or performance of	17469
particular functions of the commission, other than the	17470
authorization and issuance of obligations provided for in Chapter	17471
154. of the Revised Code, pursuant to which designation, upon	17472
acceptance thereof by that governmental agency, that function may	17473
be carried out with the full force and effect as if performed by	17474
the commission. Any such designation shall be made only by formal	17475
action or written agreement of the commission. In the management	17476
of capital facilities or performance of other functions with	17477
respect thereto, a governmental agency may exercise all powers	17478
which it has under law with respect to other similar facilities	17479
under its jurisdiction.	17480

Contracts relating to capital facilities shall be made in	17481
accordance with the law pertaining to the governmental agency	17482
designated under authority of this section to perform such	17483
contracting function, and in any other case shall be made in	17484
accordance with Chapter 153. of the Revised Code, for which	17485
purpose the commission shall be considered the owner, provided	17486
that the commission may assign the function of owner to the	17487
department of administrative services or other governmental agency	17488
as it determines. The commission may acquire by assignment from	17489
any governmental agency contracts which are not completed and	17490
which involve acquiring, constructing, reconstructing,	17491
rehabilitating, remodeling, renovating, enlarging, improving,	17492
equipping, or furnishing capital facilities, provided that such	17493
governmental agency has complied with the procedures prescribed by	17494
laws for its letting of such contract.	17495

No contract shall be let or assignment thereof accepted under	17496
this section involving performance in accordance with plans and	17497
specifications until such plans and specifications have been	17498
submitted to and approved by the governmental agency to have	17499
responsibility for the management of the capital facilities	17500
provided for in such plans and specifications, which approval	17501
shall be considered to be given if no approval or disapproval is	17502
communicated in writing to the commission or its designee for such	17503
purpose within sixty days following such submission of plans and	17504
specifications. Approval by such governmental agency of changes in	17505
plans and specifications is not required if the director of	17506
administrative services or the designee of the commission for such	17507
purpose shall certify that such changes do not substantially	17508
change the location, character, or extent of such capital	17509
facilities.	17510

Sec. 154.20. (A) Subject to authorization by the general	17511
assembly under section 154.02 of the Revised Code, the issuing	17512
authority may issue obligations pursuant to this chapter to pay	17513
costs of capital facilities for mental hygiene and retardation,	17514
including housing for mental hygiene and retardation patients and	17515
persons with substance use disorders.	17516

(B) Any capital facilities for mental hygiene or retardation,	17517
including housing for mental hygiene and retardation patients and	17518
persons with substance use disorders, may be leased by the	17519
commission to the department of ~~mental health,~~mental health and	17520
addiction services or the department of developmental	17521
disabilities~~, or the department of alcohol and drug addiction~~	17522
~~services~~, and other agreements may be made by the commission and	17523
any one or more of these departments with respect to the use or	17524
purchase of such capital facilities or, subject to the approval of	17525
the director of the department, the commission may lease such	17526
capital facilities to, and make or provide for other agreements	17527
with respect to the use or purchase thereof with, any governmental	17528
agency having authority under law to operate such capital	17529
facilities, and the director of the department may sublease such	17530
capital facilities to, and make other agreements with respect to	17531
the use or purchase thereof with, any such governmental agency,	17532
which may include provisions for transmittal to the mental health	17533
bond service trust fund created under division (E) of this	17534
section, by such governmental agency or by a nonprofit corporation	17535
providing mental hygiene and retardation services for or under	17536
contract with or the supervision of that governmental agency, of	17537
receipts of that agency or nonprofit corporation from charges for	17538
the treatment or care of mental hygiene and retardation patients,	17539
all upon such terms and conditions as the parties may agree upon	17540
and pursuant to this chapter, notwithstanding any other provision	17541
of law affecting the leasing, acquisition, or disposition of	17542
capital facilities by the parties.	17543

(C) For purposes of this section, "available receipts" means	17544
all receipts of the state from charges for the treatment or care	17545
of mental hygiene and retardation patients, including support	17546
payments received under Chapter 5121. of the Revised Code and	17547
moneys required to be transmitted to the mental health bond	17548
service trust fund pursuant to subleases and other agreements	17549
between any of the departments and another governmental agency	17550
pursuant to division (B) of this section as the subleases and	17551
other agreements may be further implemented for internal planning,	17552
budgeting, and accounting purposes pursuant to rules adopted by	17553
the director of ~~mental health,~~mental health and addiction	17554
services or director of developmental disabilities~~, or director of~~	17555
~~alcohol and drug addiction services~~, any revenues or receipts	17556
derived by the commission from the operation, leasing, or other	17557
disposition of capital facilities financed under this section, the	17558
proceeds of obligations issued under this section and sections	17559
154.11 and 154.12 of the Revised Code, and also means any gifts,	17560
grants, donations, and pledges, and receipts therefrom, available	17561
for the payment of bond service charges on such obligations. The	17562
issuing authority may pledge all, or such portion as that	17563
authority determines, of the available receipts to the payment of	17564
bond service charges on obligations issued under this section and	17565
under sections 154.11 and 154.12 of the Revised Code and for the	17566
establishment and maintenance of any reserves, as provided in the	17567
bond proceedings, and make other provisions therein with respect	17568
to such available receipts as authorized by this chapter, which	17569
provisions shall be controlling notwithstanding any other	17570
provision of law pertaining thereto.	17571

(D) The issuing authority may covenant in the bond	17572
proceedings that the state and state agencies shall, so long as	17573
any obligations issued under this section are outstanding, cause	17574
to be charged and collected charges for the treatment or care of	17575
mental hygiene and retardation patients sufficient in amount to	17576
provide for the payment of bond service charges on such	17577
obligations and for the establishment and maintenance of any	17578
reserves, as provided in the bond proceedings, and such covenants	17579
shall be controlling notwithstanding any other provision of law	17580
pertaining to such charges.	17581

(E) There is hereby created the mental health bond service	17582
trust fund, which shall be in the custody of the treasurer of	17583
state but shall be separate and apart from and not a part of the	17584
state treasury. All moneys received by or on account of the	17585
commission or issuing authority or state agencies and required by	17586
the applicable bond proceedings to be deposited, transferred, or	17587
credited to the fund, and all other moneys transferred or	17588
allocated to or received for the purposes of the fund, shall be	17589
deposited with the treasurer of state and credited to such fund,	17590
subject to applicable provisions of the bond proceedings, but	17591
without necessity for any act of appropriation. The mental health	17592
bond service trust fund is a trust fund and is hereby pledged to	17593
the payment of bond service charges on the obligations issued	17594
pursuant to this section and sections 154.11 and 154.12 of the	17595
Revised Code to the extent provided in the applicable bond	17596
proceedings, and payment thereof from such fund shall be made or	17597
provided for by the treasurer of state in accordance with such	17598
bond proceedings without necessity for any act of appropriation.	17599

(F) There is hereby created in the state treasury the mental	17600
health facilities improvement fund. Subject to the bond	17601
proceedings therefor, all of the proceeds of the sale of	17602
obligations pursuant to this section shall be credited to the	17603
fund, except that any accrued interest shall be credited to the	17604
mental health bond service fund. The mental health facilities	17605
improvement fund may also be comprised of gifts, grants,	17606
appropriated moneys, and other sums and securities received to the	17607
credit of such fund. All investment earnings on the cash balance	17608
in the fund shall be credited to the fund. The fund shall be	17609
applied only to the following purposes:	17610

(1) Paying costs of capital facilities for mental hygiene and	17611
retardation, including housing for mental hygiene and retardation	17612
patients or for persons with substance use disorders, under the	17613
jurisdiction of the department of ~~mental health,~~mental health and	17614
addiction services or department of developmental disabilities~~, or~~	17615
~~department of alcohol and drug addiction services~~;	17616

(2) Participating in capital facilities for mental hygiene	17617
and retardation, including housing for mental hygiene and	17618
retardation patients or for persons with substance use disorders,	17619
with the federal government, municipal corporations, counties, or	17620
other governmental agencies, or a nonprofit corporation	17621
specifically chartered to provide a mental health, substance use,	17622
or mental retardation service when such service fulfills a public	17623
purpose, which participation may be by grants or contributions to	17624
them for such capital facilities. Except as provided in division	17625
(G) of this section, the nonprofit corporation may act in concert	17626
with a limited partnership or a limited liability company eligible	17627
to participate in the nonprofit set-aside described in section	17628
42(h)(5) of the "Internal Revenue Code of 1986," 100 Stat. 2198,	17629
26 U.S.C. 42, and the Ohio housing finance agency's housing tax	17630
credit program for the purpose of making use of low-income housing	17631
tax credits in support of housing for mental hygiene and	17632
retardation patients.	17633

(G) A nonprofit corporation providing a mental retardation	17634
service must obtain written approval from the director of	17635
developmental disabilities before acting in concert with a limited	17636
partnership or limited liability company as described in division	17637
(F)(2) of this section. However, the director may issue one	17638
blanket approval for all such nonprofit corporations.	17639

(H) This section is to be applied with other applicable	17640
provisions of this chapter.	17641

Sec. 154.22. (A) Subject to authorization by the general	17642
assembly under section 154.02 of the Revised Code, the issuing	17643
authority may authorize and issue obligations pursuant to this	17644
chapter to pay costs of capital facilities for parks and	17645
recreation.	17646

(B) Any capital facilities for parks and recreation may be	17647
leased by the commission to the department of natural resources	17648
and other agreements may be made by the commission and such	17649
department with respect to the use or purchase of such capital	17650
facilities or, subject to the approval of the director of such	17651
department, the commission may lease such capital facilities to,	17652
and make other agreements with respect to their use or purchase	17653
with, any governmental agency having authority under law to	17654
operate such capital facilities, and the director of such	17655
department may sublease such capital facilities to, and make other	17656
agreements with respect to the use or purchase thereof with, any	17657
such governmental agency, or such director may sublease or	17658
contract for the operation of such capital facilities in	17659
accordance with the applicable provisions of sections 1501.09,	17660
1501.091, and 1501.10 of the Revised Code, all upon such terms and	17661
conditions as the parties may agree upon and pursuant to this	17662
chapter, notwithstanding any other provisions of law affecting the	17663
leasing, acquisition, or disposition of capital facilities by such	17664
parties.	17665

(C) For purposes of this section, "available receipts" means	17666
all receipts, including fees, charges, and rentals, derived or to	17667
be derived from state parks and public service facilities in any	17668
state park or parks, any other receipts of state agencies with	17669
respect to parks and recreational facilities, any revenues or	17670
receipts derived by the commission from the operation, leasing, or	17671
other disposition of capital facilities financed under this	17672
section, the proceeds of obligations issued under this section and	17673
sections 154.11 and 154.12 of the Revised Code, and also means any	17674
gifts, grants, donations, and pledges, and receipts thereon,	17675
available for the payment of bond service charges on obligations	17676
issued under this section. The issuing authority may pledge all,	17677
or such portion as it determines, of the available receipts to the	17678
payment of bond service charges on obligations issued under this	17679
section and sections 154.11 and 154.12 of the Revised Code and for	17680
the establishment and maintenance of any reserves, as provided in	17681
the bond proceedings, and make other provisions therein with	17682
respect to such available receipts as authorized by this chapter,	17683
which provisions shall be controlling notwithstanding any other	17684
provision of law pertaining thereto.	17685

(D) The issuing authority may covenant in the bond proceeding	17686
that the state and state agencies shall, so long as any	17687
obligations issued under this section are outstanding, cause to be	17688
charged and collected fees, charges, and rentals for the use of	17689
state parks and public service facilities and other fees and	17690
charges with respect to parks and recreation sufficient in amount	17691
to provide for the payment of bond service charges on such	17692
obligations and for the establishment and maintenance of any	17693
reserves as provided in the bond proceedings, and such covenants	17694
shall be controlling notwithstanding any other provision of law	17695
pertaining to such charges except any provision of law prohibiting	17696
or limiting charges for the use of swimming facilities of state	17697
parks and public service facilities by persons under sixteen years	17698
of age.	17699

(E) There is hereby created the parks and recreation bond	17700
service trust fund, which shall be in the custody of the treasurer	17701
of state but shall be separate and apart from and not a part of	17702
the state treasury. All moneys received by or on account of the	17703
commission or issuing authority or state agencies and required by	17704
the applicable bond proceedings to be deposited, transferred, or	17705
allocated to or received for the purposes of the trust fund shall	17706
be deposited with the treasurer of state and credited to such	17707
fund, subject to applicable provisions of the bond proceedings but	17708
without necessity for any act of appropriation. The trust fund is	17709
hereby pledged to the payment of bond service charges on the	17710
obligations issued pursuant to this section and sections 154.11	17711
and 154.12 of the Revised Code to the extent provided in the	17712
applicable bond proceedings, and payment thereof from such fund	17713
shall be made or provided for by the treasurer of state in	17714
accordance with such bond proceedings without necessity for any	17715
act of appropriation.	17716

(F) There is hereby created in the state treasury the parks	17717
and recreation improvement fund. Subject to the bond proceedings	17718
therefor, all of the proceeds of the sale of obligations issued	17719
pursuant to this section shall be credited to such fund, except	17720
that any accrued interest received shall be credited to the parks	17721
and recreation bond service trust fund. The parks and recreation	17722
improvement fund may also be comprised of gifts, grants,	17723
appropriated moneys, and other sums and securities received to the	17724
credit of such fund. Such fund shall be applied only to the	17725
purpose of paying costs of capital facilities for parks and	17726
recreation under the jurisdiction of the department of natural	17727
resources or for participation in capital facilities for parks and	17728
recreation with the federal government, municipal corporations,	17729
counties, or other governmental agencies, or any one or more of	17730
them, which participation may be by grants or contributions to	17731
them for such capital facilities. All investment earnings on the	17732
cash balance in the fund shall be credited to the fund.	17733

(G) All state parks shall be exclusively under the control	17734
and administration of the division of parks and recreation. With	17735
the approval of the recreation and resources council, the director	17736
of natural resources may by order remove from the classification	17737
as state parks any of the lands or interests therein referred to	17738
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	17739
subject to the limitations, provisions, and conditions in any	17740
order authorizing state park revenue bonds, in any trust agreement	17741
securing such bonds, or in bond proceedings with respect to	17742
obligations issued pursuant to this section. Lands or interests	17743
therein so removed shall be transferred to other divisions of the	17744
department for administration or may be sold as provided by law.	17745
Proceeds of any sale shall be used or transferred as provided in	17746
the order authorizing state park revenue bonds or in such trust	17747
agreement, or in bond proceedings with respect to obligations	17748
issued pursuant to this section, and if no such provision is made	17749
shall be transferred to the state park fund created by section	17750
1541.22 of the Revised Code.	17751

(H) This section shall be applied with other applicable	17752
provisions of this chapter.	17753

(I) Any instrument by which real property is acquired	17754
pursuant to this section shall identify the agency of the state	17755
that has the use and benefit of the real property as specified in	17756
section 5301.012 of the Revised Code.	17757

Sec. 154.23. (A) Subject to authorization by the general	17758
assembly under section 154.02 of the Revised Code, the issuing	17759
authority may issue obligations pursuant to this chapter to pay	17760
costs of capital facilities for Ohio cultural facilities and Ohio	17761
sports facilities.	17762

(B) The Ohio public facilities commission may lease any	17763
capital facilities for Ohio cultural facilities or Ohio sports	17764
facilities to, and make or provide for other agreements with	17765
respect to the use or purchase of such capital facilities with,	17766
the Ohio ~~cultural~~ facilities construction commission and, with the	17767
Ohio ~~cultural~~ facilities construction commission's approval, any	17768
governmental agency having authority under law to operate such	17769
capital facilities. ~~Any lease or agreement shall be subject to~~	17770
~~Chapter 3383. of the Revised Code.~~	17771

(C) For purposes of this section, "available receipts" means	17772
any revenues or receipts derived by the Ohio public facilities	17773
commission from the operation, leasing, or other disposition of	17774
capital facilities financed under this section, the proceeds of	17775
obligations issued under this section and section 154.11 or 154.12	17776
of the Revised Code, and also means any gifts, grants, donations,	17777
and pledges, and receipts thereon, available for the payment of	17778
bond service charges on obligations issued under this section. The	17779
issuing authority may pledge all, or such portion as it	17780
determines, of the available receipts to the payment of bond	17781
service charges on obligations issued under this section and	17782
section 154.11 or 154.12 of the Revised Code and for the	17783
establishment and maintenance of any reserves, as provided in the	17784
bond proceedings, and make other provisions therein with respect	17785
to such available receipts as authorized by this chapter, which	17786
provisions shall be controlling notwithstanding any other	17787
provision of law pertaining thereto.	17788

(D) There is hereby created one or more funds, as determined	17789
by the issuing authority in the bond proceedings, designated as	17790
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	17791
if more than one such fund, such further identifying name as the	17792
issuing authority determines, which shall be in the custody of the	17793
treasurer of state but shall be separate and apart from and not a	17794
part of the state treasury. All money received by or on account of	17795
the issuing authority or the Ohio ~~cultural~~ facilities construction	17796
commission and required by the applicable bond proceedings to be	17797
deposited, transferred, or credited to the Ohio cultural	17798
facilities ~~commission~~ bond service fund, and all other money	17799
transferred or allocated to or received for the purposes of that	17800
fund shall be deposited with the treasurer of state and credited	17801
to the applicable fund, subject to applicable provisions of the	17802
bond proceedings, but without necessity of any act or	17803
appropriation. The Ohio cultural facilities ~~commission~~ bond	17804
service funds are trust funds and are hereby pledged to the	17805
payment of bond service charges on the applicable obligations	17806
issued pursuant to this section and section 154.11 or 154.12 of	17807
the Revised Code to the extent provided in the applicable bond	17808
proceedings, and payment thereof from such funds shall be made or	17809
provided for by the treasurer of state in accordance with the	17810
applicable bond proceedings without necessity for any act or	17811
appropriation.	17812

(E) This section is to be applied with other applicable	17813
provisions of this chapter.	17814

Sec. 154.25. (A) As used in this section:

17815

(1) "Available community or technical college receipts" means	17816
all money received by a community or technical college or	17817
community or technical college district, including income,	17818
revenues, and receipts from the operation, ownership, or control	17819
of facilities, grants, gifts, donations, and pledges and receipts	17820
therefrom, receipts from fees and charges, the allocated state	17821
share of instruction as defined in section ~~3333.90~~3333.59 of the	17822
Revised Code, and the proceeds of the sale of obligations,	17823
including proceeds of obligations issued to refund obligations	17824
previously issued, but excluding any special fee, and receipts	17825
therefrom, charged pursuant to division (D) of section 154.21 of	17826
the Revised Code.	17827

(2) "Community or technical college," "college," "community	17828
or technical college district," and "district" have the same	17829
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	17830

(3) "Community or technical college capital facilities" means	17831
auxiliary facilities, education facilities, and housing and dining	17832
facilities, as those terms are defined in section 3345.12 of the	17833
Revised Code, to the extent permitted to be financed by the	17834
issuance of obligations under division (A)(2) of section 3357.112	17835
of the Revised Code, that are authorized by sections 3354.121,	17836
3357.112, and 3358.10 of the Revised Code to be financed by	17837
obligations issued by a community or technical college district,	17838
and for which the issuing authority is authorized to issue	17839
obligations pursuant to this section, and includes any one, part	17840
of, or any combination of the foregoing, and further includes site	17841
improvements, utilities, machinery, furnishings, and any separate	17842
or connected buildings, structures, improvements, sites, open	17843
space and green space areas, utilities, or equipment to be used	17844
in, or in connection with the operation or maintenance of, or	17845
supplementing or otherwise related to the services or facilities	17846
to be provided by, such facilities.	17847

(4) "Cost of community or technical college capital	17848
facilities" means the costs of acquiring, constructing,	17849
reconstructing, rehabilitating, remodeling, renovating, enlarging,	17850
improving, equipping, or furnishing community or technical college	17851
capital facilities, and the financing thereof, including the cost	17852
of clearance and preparation of the site and of any land to be	17853
used in connection with community or technical college capital	17854
facilities, the cost of any indemnity and surety bonds and	17855
premiums on insurance, all related direct administrative expenses	17856
and allocable portions of direct costs of the commission and the	17857
issuing authority, community or technical college or community or	17858
technical college district, cost of engineering, architectural	17859
services, design, plans, specifications and surveys, estimates of	17860
cost, legal fees, fees and expenses of trustees, depositories,	17861
bond registrars, and paying agents for obligations, cost of	17862
issuance of obligations and financing costs and fees and expenses	17863
of financial advisers and consultants in connection therewith,	17864
interest on obligations from the date thereof to the time when	17865
interest is to be covered by available receipts or other sources	17866
other than proceeds of those obligations, amounts necessary to	17867
establish reserves as required by the bond proceedings, costs of	17868
audits, the reimbursements of all moneys advanced or applied by or	17869
borrowed from the community or technical college, community or	17870
technical college district, or others, from whatever source	17871
provided, including any temporary advances from state	17872
appropriations, for the payment of any item or items of cost of	17873
community or technical college facilities, and all other expenses	17874
necessary or incident to planning or determining feasibility or	17875
practicability with respect to such facilities, and such other	17876
expenses as may be necessary or incident to the acquisition,	17877
construction, reconstruction, rehabilitation, remodeling,	17878
renovation, enlargement, improvement, equipment, and furnishing of	17879
community or technical college capital facilities, the financing	17880
thereof and the placing of them in use and operation, including	17881
any one, part of, or combination of such classes of costs and	17882
expenses.	17883

(5) "Capital facilities" includes community or technical	17884
college capital facilities.	17885

(6) "Obligations" has the same meaning as in section 154.01	17886
or 3345.12 of the Revised Code, as the context requires.	17887

(B) The issuing authority is authorized to issue revenue	17888
obligations under Section 2i of Article VIII, Ohio Constitution,	17889
on behalf of a community or technical college district and shall	17890
cause the net proceeds thereof, after any deposits of accrued	17891
interest for the payment of bond service charges and after any	17892
deposit of all or such lesser portion as the issuing authority may	17893
direct of the premium received upon the sale of those obligations	17894
for the payment of the bond service charges, to be applied to the	17895
cost of community or technical college capital facilities,	17896
provided that the issuance of such obligations is subject to the	17897
execution of a written agreement in accordance with division (C)	17898
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	17899
and depositing of funds otherwise due the district, or the college	17900
it operates, in respect of its allocated state share of	17901
instruction.	17902

(C) The bond service charges and all other payments required	17903
to be made by the trust agreement or indenture securing the	17904
obligations shall be payable solely from available community or	17905
technical college receipts pledged thereto as provided in the	17906
resolution. The available community or technical college receipts	17907
pledged and thereafter received by the commission are immediately	17908
subject to the lien of such pledge without any physical delivery	17909
thereof or further act, and the lien of any such pledge is valid	17910
and binding against all parties having claims of any kind against	17911
the authority, irrespective of whether those parties have notice	17912
thereof, and creates a perfected security interest for all	17913
purposes of Chapter 1309. of the Revised Code and a perfected lien	17914
for purposes of any real property interest, all without the	17915
necessity for separation or delivery of funds or for the filing or	17916
recording of the resolution, trust agreement, indenture, or other	17917
agreement by which such pledge is created or any certificate,	17918
statement, or other document with respect thereto; and the pledge	17919
of such available community or technical college receipts is	17920
effective and the money therefrom and thereof may be applied to	17921
the purposes for which pledged. Every pledge, and every covenant	17922
and agreement made with respect to the pledge, made in the	17923
resolution may therein be extended to the benefit of the owners	17924
and holders of obligations authorized by this section, and to any	17925
trustee therefor, for the further securing of the payment of the	17926
bond service charges, and all or any rights under any agreement or	17927
lease made under this section may be assigned for such purpose.	17928

(D) This section is to be applied with other applicable	17929
provisions of this chapter.	17930

Sec. 156.02. The executive director of ~~administrative~~	17931
~~services~~the Ohio facilities construction commission may contract	17932
with an energy or a water services company, architect,	17933
professional engineer, contractor, or other person experienced in	17934
the design and implementation of energy or water conservation	17935
measures for a report containing an analysis and recommendations	17936
pertaining to the implementation of energy or water conservation	17937
measures that result in energy, water, or wastewater cost savings,	17938
operating cost savings, or avoided capital costs for the	17939
institution. The report shall include estimates of all costs of	17940
such installations, including the costs of design, engineering,	17941
installation, maintenance, repairs, and debt service, and	17942
estimates of the energy, water, or wastewater cost savings,	17943
operating cost savings, and avoided capital costs created.	17944

Sec. 156.03. (A) If the executive director of ~~administrative~~	17945
~~services~~the Ohio facilities construction commission wishes to	17946
enter into an installment payment contract pursuant to section	17947
156.04 of the Revised Code or any other contract to implement one	17948
or more energy or water saving measures, the executive director	17949
may proceed under Chapter 153. of the Revised Code, or,	17950
alternatively, the executive director may request the controlling	17951
board to exempt the contract from Chapter 153. of the Revised	17952
Code.	17953

If the controlling board by a majority vote approves an	17954
exemption, that chapter shall not apply to the contract and	17955
instead the executive director shall request proposals from at	17956
least three parties for the implementation of the energy or water	17957
saving measures. Prior to providing any interested party a copy of	17958
any such request, the executive director shall advertise, in a	17959
newspaper of general circulation in the county where the contract	17960
is to be performed, and may advertise by electronic means pursuant	17961
to rules adopted by the executive director, the executive	17962
director's intent to request proposals for the implementation of	17963
the energy or water saving measures. The notice shall invite	17964
interested parties to submit proposals for consideration and shall	17965
be published at least thirty days prior to the date for accepting	17966
proposals.	17967

(B) Upon receiving the proposals, the executive director	17968
shall analyze them and, after considering the cost estimates of	17969
each proposal and the availability of funds to pay for each with	17970
current appropriations or by financing the cost of each through an	17971
installment payment contract under section 156.04 of the Revised	17972
Code, may select one or more proposals or reject all proposals. In	17973
selecting proposals, the executive director shall select the one	17974
or more proposals most likely to result in the greatest energy,	17975
water, or wastewater savings, operating costs savings, and avoided	17976
capital costs created.	17977

(C) No contract shall be awarded to implement energy or water	17978
saving measures under this section, unless the executive director	17979
finds that both of the following circumstances exists:	17980

(1) Not less than one-fifteenth of the costs of the contract	17981
shall be paid within two years from the date of purchase;	17982

(2) In the case of a contract for a cogeneration system	17983
described in division (B)(8) of section 156.01 of the Revised	17984
Code, the remaining balance of the cost of the contract shall be	17985
paid within twenty years from the date of purchase, and, in the	17986
case of all other contracts, fifteen years.	17987

Sec. 156.04. (A) In accordance with this section and section	17988
156.03 of the Revised Code, the executive director of	17989
~~administrative services~~the Ohio facilities construction	17990
commission may enter into an installment payment contract for the	17991
implementation of one or more energy or water saving measures. If	17992
the executive director wishes an installment payment contract to	17993
be exempted from Chapter 153. of the Revised Code, the executive	17994
director shall proceed pursuant to section 156.03 of the Revised	17995
Code.	17996

(B) Any installment payment contract under this section shall	17997
provide that all payments, except payments for repairs and	17998
obligations on termination of the contract prior to its	17999
expiration, are to be a stated percentage of calculated energy,	18000
water, or wastewater cost savings, operating costs, and avoided	18001
capital costs attributable to the one or more measures over a	18002
defined period of time and are to be made only to the extent that	18003
those calculated amounts actually occur. No such contract shall	18004
contain either of the following:	18005

(1) A requirement of any additional capital investment or	18006
contribution of funds, other than funds available from state or	18007
federal grants;	18008

(2) In the case of a contract for a cogeneration system	18009
described in division (B)(8) of section 156.01 of the Revised	18010
Code, a payment term longer than twenty years, and, in the case of	18011
all other contracts, a payment term longer than fifteen years.	18012

(C) Any installment payment contract entered into under this	18013
section shall terminate no later than the last day of the fiscal	18014
biennium for which funds have been appropriated to the ~~department~~	18015
~~of administrative services~~Ohio facilities construction commission	18016
by the general assembly and shall be renewed in each succeeding	18017
fiscal biennium in which any balance of the contract remains	18018
unpaid, provided that both an appropriation for that succeeding	18019
fiscal biennium and the certification required by section 126.07	18020
of the Revised Code are made.	18021

(D) Any installment payment contract entered into under this	18022
section shall be eligible for financing provided through the Ohio	18023
air quality development authority under Chapter 3706. of the	18024
Revised Code.	18025

Sec. 156.05. In accordance with Chapter 119. of the Revised	18026
Code, the executive director of ~~administrative services~~the Ohio	18027
facilities construction commission shall adopt, and enforce rules	18028
necessary to administer sections 156.01 to 156.04 of the Revised	18029
Code. Rules adopted under this section shall establish procedures	18030
by which the executive director may authorize in ~~his~~the executive	18031
director's stead the manager of any building owned by the state to	18032
enter into contracts authorized under sections 156.01 to 156.04 of	18033
the Revised Code.	18034

Sec. 166.02. (A) The general assembly finds that many local	18035
areas throughout the state are experiencing economic stagnation or	18036
decline, and that the economic development programs provided for	18037
in this chapter will constitute deserved, necessary reinvestment	18038
by the state in those areas, materially contribute to their	18039
economic revitalization, and result in improving the economic	18040
welfare of all the people of the state. Accordingly, it is	18041
declared to be the public policy of the state, through the	18042
operations of this chapter and other applicable laws adopted	18043
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	18044
and other authority vested in the general assembly, to assist in	18045
and facilitate the establishment or development of eligible	18046
projects or assist and cooperate with any governmental agency in	18047
achieving such purpose.	18048

(B) In furtherance of such public policy and to implement	18049
such purpose, the director of development may:	18050

(1) After consultation with appropriate governmental	18051
agencies, enter into agreements with persons engaged in industry,	18052
commerce, distribution, or research and with governmental agencies	18053
to induce such persons to acquire, construct, reconstruct,	18054
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	18055
otherwise develop, eligible projects and make provision therein	18056
for project facilities and governmental actions, as authorized by	18057
this chapter and other applicable laws, subject to any required	18058
actions by the general assembly or the controlling board and	18059
subject to applicable local government laws and regulations;	18060

(2) Provide for the guarantees and loans as provided for in	18061
sections 166.06 and 166.07 of the Revised Code;	18062

(3) Subject to release of such moneys by the controlling	18063
board, contract for labor and materials needed for, or contract	18064
with others, including governmental agencies, to provide, project	18065
facilities the allowable costs of which are to be paid for or	18066
reimbursed from moneys in the facilities establishment fund, and	18067
contract for the operation of such project facilities;	18068

(4) Subject to release thereof by the controlling board, from	18069
moneys in the facilities establishment fund acquire or contract to	18070
acquire by gift, exchange, or purchase, including the obtaining	18071
and exercise of purchase options, property, and convey or	18072
otherwise dispose of, or provide for the conveyance or disposition	18073
of, property so acquired or contracted to be acquired by sale,	18074
exchange, lease, lease purchase, conditional or installment sale,	18075
transfer, or other disposition, including the grant of an option	18076
to purchase, to any governmental agency or to any other person	18077
without necessity for competitive bidding and upon such terms and	18078
conditions and manner of consideration pursuant to and as the	18079
director determines to be appropriate to satisfy the objectives of	18080
sections 166.01 to 166.11 of the Revised Code;	18081

(5) Retain the services of or employ financial consultants,	18082
appraisers, consulting engineers, superintendents, managers,	18083
construction and accounting experts, attorneys, and employees,	18084
agents, and independent contractors as are necessary in the	18085
director's judgment and fix the compensation for their services;	18086

(6) Receive and accept from any person grants, gifts, and	18087
contributions of money, property, labor, and other things of	18088
value, to be held, used and applied only for the purpose for which	18089
such grants, gifts, and contributions are made;	18090

(7) Enter into appropriate arrangements and agreements with	18091
any governmental agency for the taking or provision by that	18092
governmental agency of any governmental action;	18093

(8) Do all other acts and enter into contracts and execute	18094
all instruments necessary or appropriate to carry out the	18095
provisions of this chapter;	18096

(9) Adopt rules to implement any of the provisions of this	18097
chapter applicable to the director.	18098

(C) The determinations by the director that facilities	18099
constitute eligible projects, that facilities are project	18100
facilities, that costs of such facilities are allowable costs, and	18101
all other determinations relevant thereto or to an action taken or	18102
agreement entered into shall be conclusive for purposes of the	18103
validity and enforceability of rights of parties arising from	18104
actions taken and agreements entered into under this chapter.	18105

(D) Except as otherwise prescribed in this chapter, all	18106
expenses and obligations incurred by the director in carrying out	18107
the director's powers and in exercising the director's duties	18108
under this chapter, shall be payable solely from, as appropriate,	18109
moneys in the facilities establishment fund, the loan guarantee	18110
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	18111
loan fund, the research and development loan fund, the logistics	18112
and distribution infrastructure fund, ~~the logistics and~~	18113
~~distribution infrastructure taxable bond fund,~~ or moneys	18114
appropriated for such purpose by the general assembly. This	18115
chapter does not authorize the director or the issuing authority	18116
under section 166.08 of the Revised Code to incur bonded	18117
indebtedness of the state or any political subdivision thereof, or	18118
to obligate or pledge moneys raised by taxation for the payment of	18119
any bonds or notes issued or guarantees made pursuant to this	18120
chapter.	18121

(E) Any governmental agency may enter into an agreement with	18122
the director, any other governmental agency, or a person to be	18123
assisted under this chapter, to take or provide for the purposes	18124
of this chapter any governmental action it is authorized to take	18125
or provide, and to undertake on behalf and at the request of the	18126
director any action which the director is authorized to undertake	18127
pursuant to divisions (B)(3), (4), and (5) of this section or	18128
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	18129
Code. Governmental agencies of the state shall cooperate with and	18130
provide assistance to the director of development and the	18131
controlling board in the exercise of their respective functions	18132
under this chapter.	18133

Sec. 166.03. (A) There is hereby created the facilities	18134
establishment fund within the state treasury, consisting of	18135
proceeds from the issuance of obligations as specified under	18136
section 166.08 of the Revised Code; the moneys received by the	18137
state from the sources specified in section 166.09 of the Revised	18138
Code; service charges imposed under sections 166.06 and 166.07 of	18139
the Revised Code; any grants, gifts, or contributions of moneys	18140
received by the director of development services to be used for	18141
loans made under section 166.07 of the Revised Code or for the	18142
payment of the allowable costs of project facilities; and all	18143
other moneys appropriated or transferred to the fund. Moneys in	18144
the loan guarantee fund in excess of the loan guarantee reserve	18145
requirement, but subject to the provisions and requirements of any	18146
guarantee contracts, may be transferred to the facilities	18147
establishment fund by the treasurer of state upon the order of the	18148
director of development services. Moneys received by the state	18149
under Chapter 122. of the Revised Code, to the extent allocable to	18150
the utilization of moneys derived from proceeds of the sale of	18151
obligations pursuant to section 166.08 of the Revised Code, shall	18152
be credited to the facilities establishment fund. All investment	18153
earnings on the cash balance in the fund shall be credited to the	18154
fund.	18155

(B) All moneys appropriated or transferred to the facilities	18156
establishment fund may be released at the request of the director	18157
of development services for payment of allowable costs or the	18158
making of loans under section 166.07 of the Revised Code, for	18159
transfer to the loan guarantee fund established in section 166.06	18160
of the Revised Code, or for use for the purpose of or transfer to	18161
the funds established by sections 122.35, 122.42, 122.54, 122.55,	18162
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	18163
and, until July 1, 2003, the fund established by section 166.031	18164
of the Revised Code, and, until July 1, 2007, the fund established	18165
by section 122.26 of the Revised Code, but only for such of those	18166
purposes as are within the authorization of Section 13 of Article	18167
VIII, Ohio Constitution, in all cases subject to the approval of	18168
the controlling board.	18169

(C) The ~~department of~~ development services agency, in the	18170
administration of the facilities establishment fund, is encouraged	18171
to utilize and promote the utilization of, to the maximum	18172
practicable extent, the other existing programs, business	18173
incentives, and tax incentives that department is required or	18174
authorized to administer or supervise.	18175

Sec. 166.04. (A) Prior to entering into each agreement to	18176
provide assistance under sections 166.02, 166.06, and 166.07 of	18177
the Revised Code, the director of development services shall	18178
determine whether the assistance will conform to the requirements	18179
of sections 166.01 to 166.11 of the Revised Code. Such	18180
determination, and the facts upon which it is based, shall be set	18181
forth, where required, by the director in submissions made to the	18182
controlling board when the director seeks a release of moneys	18183
under section 166.02 of the Revised Code. An agreement to provide	18184
assistance under sections 166.02, 166.06, and 166.07 of the	18185
Revised Code shall set forth such determination, which shall be	18186
conclusive for purposes of the validity and enforceability of such	18187
agreement and any loan guarantees, loans, or other agreements	18188
entered into pursuant to such agreement to provide assistance.	18189

(B) Whenever a person applies for financial assistance under	18190
sections 166.02, 166.06, and 166.07 of the Revised Code and the	18191
project for which assistance is requested is to relocate	18192
facilities that are currently being operated by the person and	18193
that are located in another county, municipal corporation, or	18194
township, the ~~director~~person shall provide written notification	18195
of the relocation to the appropriate local governmental bodies ~~and~~	18196
~~state officials~~. ~~The~~Prior to entering into an agreement to	18197
provide the assistance, the director shall verify that such	18198
notification ~~shall contain the following information:~~	18199

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

18200

~~(2) The county, and the municipal corporation or township, in~~	18201
~~which the project for which assistance is requested is located;~~	18202
~~and~~	18203

~~(3) The county, and the municipal corporation or township, in~~	18204
~~which the facility to be replaced is located~~has been provided.	18205

18206

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	18207
means:	18208

~~(a)~~(1) The ~~boards~~board of county commissioners or	18209
legislative ~~authorities~~authority of the county in which the	18210
~~project for which assistance is requested is located and of the~~	18211
~~county in which the~~ facility to be replaced is located;	18212

~~(b)~~(2) The legislative authority of the municipal corporation	18213
or the board of township trustees of the township in which the	18214
~~project for which assistance is requested is located; and~~	18215

~~(c) The legislative authority of the municipal corporation or~~	18216
~~the board of township trustees of the township in which the~~	18217
facility to be replaced is located.	18218

~~(2) "State officials" means:~~

18219

~~(a) The state representative and state senator in whose~~	18220
~~districts the project for which assistance is requested is~~	18221
~~located;~~	18222

~~(b) The state representative and state senator in whose~~	18223
~~districts the facility to be replaced is located.~~	18224

Sec. 166.08. (A) As used in this chapter:

18225

(1) "Bond proceedings" means the resolution, order, trust	18226
agreement, indenture, lease, and other agreements, amendments and	18227
supplements to the foregoing, or any one or more or combination	18228
thereof, authorizing or providing for the terms and conditions	18229
applicable to, or providing for the security or liquidity of,	18230
obligations issued pursuant to this section, and the provisions	18231
contained in such obligations.	18232

(2) "Bond service charges" means principal, including	18233
mandatory sinking fund requirements for retirement of obligations,	18234
and interest, and redemption premium, if any, required to be paid	18235
by the state on obligations.	18236

(3) "Bond service fund" means the applicable fund and	18237
accounts therein created for and pledged to the payment of bond	18238
service charges, which may be, or may be part of, the economic	18239
development bond service fund created by division (S) of this	18240
section including all moneys and investments, and earnings from	18241
investments, credited and to be credited thereto.	18242

(4) "Issuing authority" means the treasurer of state, or the	18243
officer who by law performs the functions of such officer.	18244

(5) "Obligations" means bonds, notes, or other evidence of	18245
obligation including interest coupons pertaining thereto, issued	18246
pursuant to this section.	18247

(6) "Pledged receipts" means all receipts of the state	18248
representing the gross profit on the sale of spirituous liquor, as	18249
referred to in division (B)(4) of section 4301.10 of the Revised	18250
Code, after paying all costs and expenses of the division of	18251
liquor control and providing an adequate working capital reserve	18252
for the division of liquor control as provided in that division,	18253
but excluding the sum required by the second paragraph of section	18254
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	18255
paid into the state treasury; moneys accruing to the state from	18256
the lease, sale, or other disposition, or use, of project	18257
facilities, and from the repayment, including interest, of loans	18258
made from proceeds received from the sale of obligations; accrued	18259
interest received from the sale of obligations; income from the	18260
investment of the special funds; and any gifts, grants, donations,	18261
and pledges, and receipts therefrom, available for the payment of	18262
bond service charges.	18263

(7) "Special funds" or "funds" means, except where the	18264
context does not permit, the bond service fund, and any other	18265
funds, including reserve funds, created under the bond	18266
proceedings, and the economic development bond service fund	18267
created by division (S) of this section to the extent provided in	18268
the bond proceedings, including all moneys and investments, and	18269
earnings from investment, credited and to be credited thereto.	18270

(B) Subject to the limitations provided in section 166.11 of	18271
the Revised Code, the issuing authority, upon the certification by	18272
the director of development or, with respect to eligible advanced	18273
energy projects, the Ohio air quality development authority to the	18274
issuing authority of the amount of moneys or additional moneys	18275
needed in the facilities establishment fund, the loan guarantee	18276
fund, the innovation Ohio loan fund, the innovation Ohio loan	18277
guarantee fund, the research and development loan fund, the	18278
logistics and distribution infrastructure fund, ~~the logistics and~~	18279
~~distribution infrastructure taxable bond fund,~~ the advanced energy	18280
research and development fund, or the advanced energy research and	18281
development taxable fund, as applicable, for the purpose of	18282
paying, or making loans for, allowable costs from the facilities	18283
establishment fund, allowable innovation costs from the innovation	18284
Ohio loan fund, allowable costs from the research and development	18285
loan fund, allowable costs from the logistics and distribution	18286
infrastructure fund, ~~allowable costs from the logistics and~~	18287
~~distribution infrastructure taxable bond fund,~~ allowable costs	18288
from the advanced energy research and development fund, or	18289
allowable costs from the advanced energy research and development	18290
taxable fund, as applicable, or needed for capitalized interest,	18291
for funding reserves, and for paying costs and expenses incurred	18292
in connection with the issuance, carrying, securing, paying,	18293
redeeming, or retirement of the obligations or any obligations	18294
refunded thereby, including payment of costs and expenses relating	18295
to letters of credit, lines of credit, insurance, put agreements,	18296
standby purchase agreements, indexing, marketing, remarketing and	18297
administrative arrangements, interest swap or hedging agreements,	18298
and any other credit enhancement, liquidity, remarketing, renewal,	18299
or refunding arrangements, all of which are authorized by this	18300
section, or providing moneys for the loan guarantee fund or the	18301
innovation Ohio loan guarantee fund, as provided in this chapter	18302
or needed for the purposes of funds established in accordance with	18303
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	18304
122.561, 122.57, and 122.80 of the Revised Code which are within	18305
the authorization of Section 13 of Article VIII, Ohio	18306
Constitution, or, with respect to certain eligible advanced energy	18307
projects, Section 2p of Article VIII, Ohio Constitution, shall	18308
issue obligations of the state under this section in the required	18309
amount; provided that such obligations may be issued to satisfy	18310
the covenants in contracts of guarantee made under section 166.06	18311
or 166.15 of the Revised Code, notwithstanding limitations	18312
otherwise applicable to the issuance of obligations under this	18313
section. The proceeds of such obligations, except for the portion	18314
to be deposited in special funds, including reserve funds, as may	18315
be provided in the bond proceedings, shall as provided in the bond	18316
proceedings be deposited by the director of development to the	18317
facilities establishment fund, the loan guarantee fund, the	18318
innovation Ohio loan guarantee fund, the innovation Ohio loan	18319
fund, the research and development loan fund, or the logistics and	18320
distribution infrastructure fund, ~~or the logistics and~~	18321
~~distribution infrastructure taxable bond fund,~~ or be deposited by	18322
the Ohio air quality development authority to the advanced energy	18323
research and development fund or the advanced energy research and	18324
development taxable fund. Bond proceedings for project financing	18325
obligations may provide that the proceeds derived from the	18326
issuance of such obligations shall be deposited into such fund or	18327
funds provided for in the bond proceedings and, to the extent	18328
provided for in the bond proceedings, such proceeds shall be	18329
deemed to have been deposited into the facilities establishment	18330
fund and transferred to such fund or funds. The issuing authority	18331
may appoint trustees, paying agents, and transfer agents and may	18332
retain the services of financial advisors, accounting experts, and	18333
attorneys, and retain or contract for the services of marketing,	18334
remarketing, indexing, and administrative agents, other	18335
consultants, and independent contractors, including printing	18336
services, as are necessary in the issuing authority's judgment to	18337
carry out this section. The costs of such services are allowable	18338
costs payable from the facilities establishment fund or the	18339
research and development loan fund, allowable innovation costs	18340
payable from the innovation Ohio loan fund, or allowable costs	18341
payable from the logistics and distribution infrastructure fund,	18342
~~the logistics and distribution infrastructure taxable bond fund,~~	18343
the advanced energy research and development fund, or the advanced	18344
energy research and development taxable fund, as applicable.	18345

(C) The holders or owners of such obligations shall have no	18346
right to have moneys raised by taxation obligated or pledged, and	18347
moneys raised by taxation shall not be obligated or pledged, for	18348
the payment of bond service charges. Such holders or owners shall	18349
have no rights to payment of bond service charges from any moneys	18350
accruing to the state from the lease, sale, or other disposition,	18351
or use, of project facilities, or from payment of the principal of	18352
or interest on loans made, or fees charged for guarantees made, or	18353
from any money or property received by the director, treasurer of	18354
state, or the state under Chapter 122. of the Revised Code, or	18355
from any other use of the proceeds of the sale of the obligations,	18356
and no such moneys may be used for the payment of bond service	18357
charges, except for accrued interest, capitalized interest, and	18358
reserves funded from proceeds received upon the sale of the	18359
obligations and except as otherwise expressly provided in the	18360
applicable bond proceedings pursuant to written directions by the	18361
director. The right of such holders and owners to payment of bond	18362
service charges is limited to all or that portion of the pledged	18363
receipts and those special funds pledged thereto pursuant to the	18364
bond proceedings in accordance with this section, and each such	18365
obligation shall bear on its face a statement to that effect.	18366

(D) Obligations shall be authorized by resolution or order of	18367
the issuing authority and the bond proceedings shall provide for	18368
the purpose thereof and the principal amount or amounts, and shall	18369
provide for or authorize the manner or agency for determining the	18370
principal maturity or maturities, not exceeding twenty-five years	18371
from the date of issuance, the interest rate or rates or the	18372
maximum interest rate, the date of the obligations and the dates	18373
of payment of interest thereon, their denomination, and the	18374
establishment within or without the state of a place or places of	18375
payment of bond service charges. Sections 9.98 to 9.983 of the	18376
Revised Code are applicable to obligations issued under this	18377
section, subject to any applicable limitation under section 166.11	18378
of the Revised Code. The purpose of such obligations may be stated	18379
in the bond proceedings in terms describing the general purpose or	18380
purposes to be served. The bond proceedings also shall provide,	18381
subject to the provisions of any other applicable bond	18382
proceedings, for the pledge of all, or such part as the issuing	18383
authority may determine, of the pledged receipts and the	18384
applicable special fund or funds to the payment of bond service	18385
charges, which pledges may be made either prior or subordinate to	18386
other expenses, claims, or payments, and may be made to secure the	18387
obligations on a parity with obligations theretofore or thereafter	18388
issued, if and to the extent provided in the bond proceedings. The	18389
pledged receipts and special funds so pledged and thereafter	18390
received by the state are immediately subject to the lien of such	18391
pledge without any physical delivery thereof or further act, and	18392
the lien of any such pledges is valid and binding against all	18393
parties having claims of any kind against the state or any	18394
governmental agency of the state, irrespective of whether such	18395
parties have notice thereof, and shall create a perfected security	18396
interest for all purposes of Chapter 1309. of the Revised Code,	18397
without the necessity for separation or delivery of funds or for	18398
the filing or recording of the bond proceedings by which such	18399
pledge is created or any certificate, statement or other document	18400
with respect thereto; and the pledge of such pledged receipts and	18401
special funds is effective and the money therefrom and thereof may	18402
be applied to the purposes for which pledged without necessity for	18403
any act of appropriation. Every pledge, and every covenant and	18404
agreement made with respect thereto, made in the bond proceedings	18405
may therein be extended to the benefit of the owners and holders	18406
of obligations authorized by this section, and to any trustee	18407
therefor, for the further security of the payment of the bond	18408
service charges.	18409

(E) The bond proceedings may contain additional provisions as	18410
to:	18411

(1) The redemption of obligations prior to maturity at the	18412
option of the issuing authority at such price or prices and under	18413
such terms and conditions as are provided in the bond proceedings;	18414

(2) Other terms of the obligations;

18415

(3) Limitations on the issuance of additional obligations;

18416

(4) The terms of any trust agreement or indenture securing	18417
the obligations or under which the same may be issued;	18418

(5) The deposit, investment and application of special funds,	18419
and the safeguarding of moneys on hand or on deposit, without	18420
regard to Chapter 131. or 135. of the Revised Code, but subject to	18421
any special provisions of this chapter, with respect to particular	18422
funds or moneys, provided that any bank or trust company which	18423
acts as depository of any moneys in the special funds may furnish	18424
such indemnifying bonds or may pledge such securities as required	18425
by the issuing authority;	18426

(6) Any or every provision of the bond proceedings being	18427
binding upon such officer, board, commission, authority, agency,	18428
department, or other person or body as may from time to time have	18429
the authority under law to take such actions as may be necessary	18430
to perform all or any part of the duty required by such provision;	18431

(7) Any provision that may be made in a trust agreement or	18432
indenture;	18433

(8) Any other or additional agreements with the holders of	18434
the obligations, or the trustee therefor, relating to the	18435
obligations or the security therefor, including the assignment of	18436
mortgages or other security obtained or to be obtained for loans	18437
under section 122.43, 166.07, or 166.16 of the Revised Code.	18438

(F) The obligations may have the great seal of the state or a	18439
facsimile thereof affixed thereto or printed thereon. The	18440
obligations and any coupons pertaining to obligations shall be	18441
signed or bear the facsimile signature of the issuing authority.	18442
Any obligations or coupons may be executed by the person who, on	18443
the date of execution, is the proper issuing authority although on	18444
the date of such bonds or coupons such person was not the issuing	18445
authority. If the issuing authority whose signature or a facsimile	18446
of whose signature appears on any such obligation or coupon ceases	18447
to be the issuing authority before delivery thereof, such	18448
signature or facsimile is nevertheless valid and sufficient for	18449
all purposes as if the former issuing authority had remained the	18450
issuing authority until such delivery; and if the seal to be	18451
affixed to obligations has been changed after a facsimile of the	18452
seal has been imprinted on such obligations, such facsimile seal	18453
shall continue to be sufficient as to such obligations and	18454
obligations issued in substitution or exchange therefor.	18455

(G) All obligations are negotiable instruments and securities	18456
under Chapter 1308. of the Revised Code, subject to the provisions	18457
of the bond proceedings as to registration. The obligations may be	18458
issued in coupon or in registered form, or both, as the issuing	18459
authority determines. Provision may be made for the registration	18460
of any obligations with coupons attached thereto as to principal	18461
alone or as to both principal and interest, their exchange for	18462
obligations so registered, and for the conversion or reconversion	18463
into obligations with coupons attached thereto of any obligations	18464
registered as to both principal and interest, and for reasonable	18465
charges for such registration, exchange, conversion, and	18466
reconversion.	18467

(H) Obligations may be sold at public sale or at private	18468
sale, as determined in the bond proceedings.	18469

Obligations issued to provide moneys for the loan guarantee	18470
fund or the innovation Ohio loan guarantee fund may, as determined	18471
by the issuing authority, be sold at private sale, and without	18472
publication of a notice of sale.	18473

(I) Pending preparation of definitive obligations, the	18474
issuing authority may issue interim receipts or certificates which	18475
shall be exchanged for such definitive obligations.	18476

(J) In the discretion of the issuing authority, obligations	18477
may be secured additionally by a trust agreement or indenture	18478
between the issuing authority and a corporate trustee which may be	18479
any trust company or bank having a place of business within the	18480
state. Any such agreement or indenture may contain the resolution	18481
or order authorizing the issuance of the obligations, any	18482
provisions that may be contained in any bond proceedings, and	18483
other provisions which are customary or appropriate in an	18484
agreement or indenture of such type, including, but not limited	18485
to:	18486

(1) Maintenance of each pledge, trust agreement, indenture,	18487
or other instrument comprising part of the bond proceedings until	18488
the state has fully paid the bond service charges on the	18489
obligations secured thereby, or provision therefor has been made;	18490

(2) In the event of default in any payments required to be	18491
made by the bond proceedings, or any other agreement of the	18492
issuing authority made as a part of the contract under which the	18493
obligations were issued, enforcement of such payments or agreement	18494
by mandamus, the appointment of a receiver, suit in equity, action	18495
at law, or any combination of the foregoing;	18496

(3) The rights and remedies of the holders of obligations and	18497
of the trustee, and provisions for protecting and enforcing them,	18498
including limitations on rights of individual holders of	18499
obligations;	18500

(4) The replacement of any obligations that become mutilated	18501
or are destroyed, lost, or stolen;	18502

(5) Such other provisions as the trustee and the issuing	18503
authority agree upon, including limitations, conditions, or	18504
qualifications relating to any of the foregoing.	18505

(K) Any holders of obligations or trustees under the bond	18506
proceedings, except to the extent that their rights are restricted	18507
by the bond proceedings, may by any suitable form of legal	18508
proceedings, protect and enforce any rights under the laws of this	18509
state or granted by such bond proceedings. Such rights include the	18510
right to compel the performance of all duties of the issuing	18511
authority, the director of development, the Ohio air quality	18512
development authority, or the division of liquor control required	18513
by this chapter or the bond proceedings; to enjoin unlawful	18514
activities; and in the event of default with respect to the	18515
payment of any bond service charges on any obligations or in the	18516
performance of any covenant or agreement on the part of the	18517
issuing authority, the director of development, the Ohio air	18518
quality development authority, or the division of liquor control	18519
in the bond proceedings, to apply to a court having jurisdiction	18520
of the cause to appoint a receiver to receive and administer the	18521
pledged receipts and special funds, other than those in the	18522
custody of the treasurer of state, which are pledged to the	18523
payment of the bond service charges on such obligations or which	18524
are the subject of the covenant or agreement, with full power to	18525
pay, and to provide for payment of bond service charges on, such	18526
obligations, and with such powers, subject to the direction of the	18527
court, as are accorded receivers in general equity cases,	18528
excluding any power to pledge additional revenues or receipts or	18529
other income or moneys of the issuing authority or the state or	18530
governmental agencies of the state to the payment of such	18531
principal and interest and excluding the power to take possession	18532
of, mortgage, or cause the sale or otherwise dispose of any	18533
project facilities.	18534

Each duty of the issuing authority and the issuing	18535
authority's officers and employees, and of each governmental	18536
agency and its officers, members, or employees, undertaken	18537
pursuant to the bond proceedings or any agreement or lease,	18538
lease-purchase agreement, or loan made under authority of this	18539
chapter, and in every agreement by or with the issuing authority,	18540
is hereby established as a duty of the issuing authority, and of	18541
each such officer, member, or employee having authority to perform	18542
such duty, specifically enjoined by the law resulting from an	18543
office, trust, or station within the meaning of section 2731.01 of	18544
the Revised Code.	18545

The person who is at the time the issuing authority, or the	18546
issuing authority's officers or employees, are not liable in their	18547
personal capacities on any obligations issued by the issuing	18548
authority or any agreements of or with the issuing authority.	18549

(L) The issuing authority may authorize and issue obligations	18550
for the refunding, including funding and retirement, and advance	18551
refunding with or without payment or redemption prior to maturity,	18552
of any obligations previously issued by the issuing authority.	18553
Such obligations may be issued in amounts sufficient for payment	18554
of the principal amount of the prior obligations, any redemption	18555
premiums thereon, principal maturities of any such obligations	18556
maturing prior to the redemption of the remaining obligations on a	18557
parity therewith, interest accrued or to accrue to the maturity	18558
dates or dates of redemption of such obligations, and any	18559
allowable costs including expenses incurred or to be incurred in	18560
connection with such issuance and such refunding, funding, and	18561
retirement. Subject to the bond proceedings therefor, the portion	18562
of proceeds of the sale of obligations issued under this division	18563
to be applied to bond service charges on the prior obligations	18564
shall be credited to an appropriate account held by the trustee	18565
for such prior or new obligations or to the appropriate account in	18566
the bond service fund for such obligations. Obligations authorized	18567
under this division shall be deemed to be issued for those	18568
purposes for which such prior obligations were issued and are	18569
subject to the provisions of this section pertaining to other	18570
obligations, except as otherwise provided in this section;	18571
provided that, unless otherwise authorized by the general	18572
assembly, any limitations imposed by the general assembly pursuant	18573
to this section with respect to bond service charges applicable to	18574
the prior obligations shall be applicable to the obligations	18575
issued under this division to refund, fund, advance refund or	18576
retire such prior obligations.	18577

(M) The authority to issue obligations under this section	18578
includes authority to issue obligations in the form of bond	18579
anticipation notes and to renew the same from time to time by the	18580
issuance of new notes. The holders of such notes or interest	18581
coupons pertaining thereto shall have a right to be paid solely	18582
from the pledged receipts and special funds that may be pledged to	18583
the payment of the bonds anticipated, or from the proceeds of such	18584
bonds or renewal notes, or both, as the issuing authority provides	18585
in the resolution or order authorizing such notes. Such notes may	18586
be additionally secured by covenants of the issuing authority to	18587
the effect that the issuing authority and the state will do such	18588
or all things necessary for the issuance of such bonds or renewal	18589
notes in appropriate amount, and apply the proceeds thereof to the	18590
extent necessary, to make full payment of the principal of and	18591
interest on such notes at the time or times contemplated, as	18592
provided in such resolution or order. For such purpose, the	18593
issuing authority may issue bonds or renewal notes in such	18594
principal amount and upon such terms as may be necessary to	18595
provide funds to pay when required the principal of and interest	18596
on such notes, notwithstanding any limitations prescribed by or	18597
for purposes of this section. Subject to this division, all	18598
provisions for and references to obligations in this section are	18599
applicable to notes authorized under this division.	18600

The issuing authority in the bond proceedings authorizing the	18601
issuance of bond anticipation notes shall set forth for such bonds	18602
an estimated interest rate and a schedule of principal payments	18603
for such bonds and the annual maturity dates thereof, and for	18604
purposes of any limitation on bond service charges prescribed	18605
under division (A) of section 166.11 of the Revised Code, the	18606
amount of bond service charges on such bond anticipation notes is	18607
deemed to be the bond service charges for the bonds anticipated	18608
thereby as set forth in the bond proceedings applicable to such	18609
notes, but this provision does not modify any authority in this	18610
section to pledge receipts and special funds to, and covenant to	18611
issue bonds to fund, the payment of principal of and interest and	18612
any premium on such notes.	18613

(N) Obligations issued under this section are lawful	18614
investments for banks, societies for savings, savings and loan	18615
associations, deposit guarantee associations, trust companies,	18616
trustees, fiduciaries, insurance companies, including domestic for	18617
life and domestic not for life, trustees or other officers having	18618
charge of sinking and bond retirement or other special funds of	18619
political subdivisions and taxing districts of this state, the	18620
commissioners of the sinking fund of the state, the administrator	18621
of workers' compensation, the state teachers retirement system,	18622
the public employees retirement system, the school employees	18623
retirement system, and the Ohio police and fire pension fund,	18624
notwithstanding any other provisions of the Revised Code or rules	18625
adopted pursuant thereto by any governmental agency of the state	18626
with respect to investments by them, and are also acceptable as	18627
security for the deposit of public moneys.	18628

(O) Unless otherwise provided in any applicable bond	18629
proceedings, moneys to the credit of or in the special funds	18630
established by or pursuant to this section may be invested by or	18631
on behalf of the issuing authority only in notes, bonds, or other	18632
obligations of the United States, or of any agency or	18633
instrumentality of the United States, obligations guaranteed as to	18634
principal and interest by the United States, obligations of this	18635
state or any political subdivision of this state, and certificates	18636
of deposit of any national bank located in this state and any	18637
bank, as defined in section 1101.01 of the Revised Code, subject	18638
to inspection by the superintendent of banks. If the law or the	18639
instrument creating a trust pursuant to division (J) of this	18640
section expressly permits investment in direct obligations of the	18641
United States or an agency of the United States, unless expressly	18642
prohibited by the instrument, such moneys also may be invested in	18643
no-front-end-load money market mutual funds consisting exclusively	18644
of obligations of the United States or an agency of the United	18645
States and in repurchase agreements, including those issued by the	18646
fiduciary itself, secured by obligations of the United States or	18647
an agency of the United States; and in common trust funds	18648
established in accordance with section 1111.20 of the Revised Code	18649
and consisting exclusively of any such securities, notwithstanding	18650
division (A)(4) of that section. The income from such investments	18651
shall be credited to such funds as the issuing authority	18652
determines, and such investments may be sold at such times as the	18653
issuing authority determines or authorizes.	18654

(P) Provision may be made in the applicable bond proceedings	18655
for the establishment of separate accounts in the bond service	18656
fund and for the application of such accounts only to the	18657
specified bond service charges on obligations pertinent to such	18658
accounts and bond service fund and for other accounts therein	18659
within the general purposes of such fund. Unless otherwise	18660
provided in any applicable bond proceedings, moneys to the credit	18661
of or in the several special funds established pursuant to this	18662
section shall be disbursed on the order of the treasurer of state,	18663
provided that no such order is required for the payment from the	18664
bond service fund when due of bond service charges on obligations.	18665

(Q) The issuing authority may pledge all, or such portion as	18666
the issuing authority determines, of the pledged receipts to the	18667
payment of bond service charges on obligations issued under this	18668
section, and for the establishment and maintenance of any	18669
reserves, as provided in the bond proceedings, and make other	18670
provisions therein with respect to pledged receipts as authorized	18671
by this chapter, which provisions are controlling notwithstanding	18672
any other provisions of law pertaining thereto.	18673

(R) The issuing authority may covenant in the bond	18674
proceedings, and any such covenants are controlling	18675
notwithstanding any other provision of law, that the state and	18676
applicable officers and governmental agencies of the state,	18677
including the general assembly, so long as any obligations are	18678
outstanding, shall:	18679

(1) Maintain statutory authority for and cause to be charged	18680
and collected wholesale and retail prices for spirituous liquor	18681
sold by the state or its agents so that the pledged receipts are	18682
sufficient in amount to meet bond service charges, and the	18683
establishment and maintenance of any reserves and other	18684
requirements provided for in the bond proceedings, and, as	18685
necessary, to meet covenants contained in contracts of guarantee	18686
made under section 166.06 of the Revised Code;	18687

(2) Take or permit no action, by statute or otherwise, that	18688
would impair the exemption from federal income taxation of the	18689
interest on the obligations.	18690

(S) There is hereby created the economic development bond	18691
service fund, which shall be in the custody of the treasurer of	18692
state but shall be separate and apart from and not a part of the	18693
state treasury. All moneys received by or on account of the	18694
issuing authority or state agencies and required by the applicable	18695
bond proceedings, consistent with this section, to be deposited,	18696
transferred, or credited to a bond service fund or the economic	18697
development bond service fund, and all other moneys transferred or	18698
allocated to or received for the purposes of the fund, shall be	18699
deposited and credited to such fund and to any separate accounts	18700
therein, subject to applicable provisions of the bond proceedings,	18701
but without necessity for any act of appropriation. During the	18702
period beginning with the date of the first issuance of	18703
obligations and continuing during such time as any such	18704
obligations are outstanding, and so long as moneys in the	18705
pertinent bond service funds are insufficient to pay all bond	18706
services charges on such obligations becoming due in each year, a	18707
sufficient amount of the gross profit on the sale of spirituous	18708
liquor included in pledged receipts are committed and shall be	18709
paid to the bond service fund or economic development bond service	18710
fund in each year for the purpose of paying the bond service	18711
charges becoming due in that year without necessity for further	18712
act of appropriation for such purpose and notwithstanding anything	18713
to the contrary in Chapter 4301. of the Revised Code. The economic	18714
development bond service fund is a trust fund and is hereby	18715
pledged to the payment of bond service charges to the extent	18716
provided in the applicable bond proceedings, and payment thereof	18717
from such fund shall be made or provided for by the treasurer of	18718
state in accordance with such bond proceedings without necessity	18719
for any act of appropriation.	18720

(T) The obligations, the transfer thereof, and the income	18721
therefrom, including any profit made on the sale thereof, shall at	18722
all times be free from taxation within the state.	18723

Sec. 166.25. (A) The director of development services, with	18724
the approval of the controlling board and subject to the other	18725
applicable provisions of this chapter, may lend money in the	18726
logistics and distribution infrastructure fund ~~and the logistics~~	18727
~~and distribution infrastructure taxable bond fund~~ to persons for	18728
the purpose of paying allowable costs of eligible logistics and	18729
distribution projects.	18730

(B) In determining the eligible logistics and distribution	18731
projects to be assisted and the nature, amount, and terms of	18732
assistance to be provided for an eligible logistics and	18733
distribution project, the director shall consult with appropriate	18734
governmental agencies, including the department of transportation	18735
and the Ohio rail development commission.	18736

(C) Any loan made pursuant to this section shall be evidenced	18737
by a loan agreement, which shall contain such terms as the	18738
director determines necessary or appropriate, including	18739
performance measures and reporting requirements. The director may	18740
take actions necessary or appropriate to collect or otherwise deal	18741
with any loan made under this section, including requiring a loan	18742
recipient to repay the amount of the loan plus interest at a rate	18743
of three per cent above the federal short term interest rate or	18744
any other rate determined by the director.	18745

Sec. 167.03. (A) The council shall have the power to:

18746

(1) Study such area governmental problems common to two or	18747
more members of the council as it deems appropriate, including but	18748
not limited to matters affecting health, safety, welfare,	18749
education, economic conditions, and regional development;	18750

(2) Promote cooperative arrangements and coordinate action	18751
among its members, and between its members and other agencies of	18752
local or state governments, whether or not within Ohio, and the	18753
federal government;	18754

(3) Make recommendations for review and action to the members	18755
and other public agencies that perform functions within the	18756
region;	18757

(4) Promote cooperative agreements and contracts among its	18758
members or other governmental agencies and private persons,	18759
corporations, or agencies;	18760

(5) Operate a public safety answering point in accordance	18761
with Chapter ~~5507~~128. of the Revised Code;	18762

(6) Perform planning directly by personnel of the council, or	18763
under contracts between the council and other public or private	18764
planning agencies.	18765

(B) The council may:

18766

(1) Review, evaluate, comment upon, and make recommendations,	18767
relative to the planning and programming, and the location,	18768
financing, and scheduling of public facility projects within the	18769
region and affecting the development of the area;	18770

(2) Act as an areawide agency to perform comprehensive	18771
planning for the programming, locating, financing, and scheduling	18772
of public facility projects within the region and affecting the	18773
development of the area and for other proposed land development or	18774
uses, which projects or uses have public metropolitan wide or	18775
interjurisdictional significance;	18776

(3) Act as an agency for coordinating, based on metropolitan	18777
wide comprehensive planning and programming, local public	18778
policies, and activities affecting the development of the region	18779
or area.	18780

(C) The council may, by appropriate action of the governing	18781
bodies of the members, perform such other functions and duties as	18782
are performed or capable of performance by the members and	18783
necessary or desirable for dealing with problems of mutual	18784
concern.	18785

(D) The authority granted to the council by this section or	18786
in any agreement by the members thereof shall not displace any	18787
existing municipal, county, regional, or other planning commission	18788
or planning agency in the exercise of its statutory powers.	18789

Sec. 169.02. Subject to division (B) of section 169.01 of	18790
the Revised Code, the following constitute unclaimed funds:	18791

(A) Except as provided in division (R) of this section, any	18792
demand, savings, or matured time deposit account, or matured	18793
certificate of deposit, together with any interest or dividend on	18794
it, less any lawful claims, that is held or owed by a holder which	18795
is a financial organization, unclaimed for a period of five years;	18796

(B) Any funds paid toward the purchase of withdrawable shares	18797
or other interest in a financial organization, and any interest or	18798
dividends on them, less any lawful claims, that is held or owed by	18799
a holder which is a financial organization, unclaimed for a period	18800
of five years;	18801

(C) Except as provided in division (A) of section 3903.45 of	18802
the Revised Code, moneys held or owed by a holder, including a	18803
fraternal association, providing life insurance, including annuity	18804
or endowment coverage, unclaimed for three years after becoming	18805
payable as established from the records of such holder under any	18806
life or endowment insurance policy or annuity contract that has	18807
matured or terminated. An insurance policy, the proceeds of which	18808
are payable on the death of the insured, not matured by proof of	18809
death of the insured is deemed matured and the proceeds payable if	18810
such policy was in force when the insured attained the limiting	18811
age under the mortality table on which the reserve is based.	18812

Moneys otherwise payable according to the records of such	18813
holder are deemed payable although the policy or contract has not	18814
been surrendered as required.	18815

(D) Any deposit made to secure payment or any sum paid in	18816
advance for utility services of a public utility and any amount	18817
refundable from rates or charges collected by a public utility for	18818
utility services held or owed by a holder, less any lawful claims,	18819
that has remained unclaimed for one year after the termination of	18820
the services for which the deposit or advance payment was made or	18821
one year from the date the refund was payable, whichever is	18822
earlier;	18823

(E) Except as provided in division (R) of this section, any	18824
certificates, securities as defined in section 1707.01 of the	18825
Revised Code, nonwithdrawable shares, other instruments evidencing	18826
ownership, or rights to them or funds paid toward the purchase of	18827
them, or any dividend, capital credit, profit, distribution,	18828
interest, or payment on principal or other sum, held or owed by a	18829
holder, including funds deposited with a fiscal agent or fiduciary	18830
for payment of them, and instruments representing an ownership	18831
interest, unclaimed for five years. Any underlying share or other	18832
intangible instrument representing an ownership interest in a	18833
business association, in which the issuer has recorded on its	18834
books the issuance of the share but has been unable to deliver the	18835
certificate to the shareholder, constitutes unclaimed funds if	18836
such underlying share is unclaimed for five years. In addition, an	18837
underlying share constitutes unclaimed funds if a dividend,	18838
distribution, or other sum payable as a result of the underlying	18839
share has remained unclaimed by the owner for five years.	18840

This division shall not prejudice the rights of fiscal agents	18841
or fiduciaries for payment to return the items described in this	18842
division to their principals, according to the terms of an agency	18843
or fiduciary agreement, but such a return shall constitute the	18844
principal as the holder of the items and shall not interrupt the	18845
period for computing the time for which the items have remained	18846
unclaimed.	18847

In the case of any such funds accruing and held or owed by a	18848
corporation under division (E) of section 1701.24 of the Revised	18849
Code, such corporation shall comply with this chapter, subject to	18850
the limitation contained in section 1701.34 of the Revised Code.	18851
The period of time for which such funds have gone unclaimed	18852
specified in section 1701.34 of the Revised Code shall be	18853
computed, with respect to dividends or distributions, commencing	18854
as of the dates when such dividends or distributions would have	18855
been payable to the shareholder had such shareholder surrendered	18856
the certificates for cancellation and exchange by the date	18857
specified in the order relating to them.	18858

Capital credits of a cooperative which after January 1, 1972,	18859
have been allocated to members and which by agreement are	18860
expressly required to be paid if claimed after death of the owner	18861
are deemed payable, for the purpose of this chapter, fifteen years	18862
after either the termination of service by the cooperative to the	18863
owner or upon the nonactivity as provided in division (B) of	18864
section 169.01 of the Revised Code, whichever occurs later,	18865
provided that this provision does not apply if the payment is not	18866
mandatory.	18867

(F) Any sum payable on certified checks or other written	18868
instruments certified or issued and representing funds held or	18869
owed by a holder, less any lawful claims, that are unclaimed for	18870
five years from the date payable or from the date of issuance if	18871
payable on demand; except that the unclaimed period for money	18872
orders that are not third party bank checks is seven years, and	18873
the unclaimed period for traveler's checks is fifteen years, from	18874
the date payable or from the date of issuance if payable on	18875
demand.	18876

As used in this division, "written instruments" include, but	18877
are not limited to, certified checks, cashier's checks, bills of	18878
exchange, letters of credit, drafts, money orders, and traveler's	18879
checks.	18880

If there is no address of record for the owner or other	18881
person entitled to the funds, such address is presumed to be the	18882
address where the instrument was certified or issued.	18883

(G) Except as provided in division (R) of this section, all	18884
moneys, rights to moneys, or other intangible property, arising	18885
out of the business of engaging in the purchase or sale of	18886
securities, or otherwise dealing in intangibles, less any lawful	18887
claims, that are held or owed by a holder and are unclaimed for	18888
five years from the date of transaction.	18889

(H) Except as provided in division (A) of section 3903.45 of	18890
the Revised Code, all moneys, rights to moneys, and other	18891
intangible property distributable in the course of dissolution or	18892
liquidation of a holder that are unclaimed for one year after the	18893
date set by the holder for distribution;	18894

(I) All moneys, rights to moneys, or other intangible	18895
property removed from a safe-deposit box or other safekeeping	18896
repository located in this state or removed from a safe-deposit	18897
box or other safekeeping repository of a holder, on which the	18898
lease or rental period has expired, or any amount arising from the	18899
sale of such property, less any lawful claims, that are unclaimed	18900
for three years from the date on which the lease or rental period	18901
expired;	18902

(J) Subject to division (M)(2) of this section, all moneys,	18903
rights to moneys, or other intangible property, and any income or	18904
increment on them, held or owed by a holder which is a fiduciary	18905
for the benefit of another, or a fiduciary or custodian of a	18906
qualified retirement plan or individual retirement arrangement	18907
under section 401 or 408 of the Internal Revenue Code, unclaimed	18908
for three years after the final date for distribution;	18909

(K) All moneys, rights to moneys, or other intangible	18910
property held or owed in this state or held for or owed to an	18911
owner whose last known address is within this state, by the United	18912
States government or any state, as those terms are described in	18913
division (E) of section 169.01 of the Revised Code, unclaimed by	18914
the owner for three years, excluding any property in the control	18915
of any court in a proceeding in which a final adjudication has not	18916
been made;	18917

(L) Amounts payable pursuant to the terms of any policy of	18918
insurance, other than life insurance, or any refund available	18919
under such a policy, held or owed by any holder, unclaimed for	18920
three years from the date payable or distributable;	18921

(M)(1) Subject to division (M)(2) of this section, any funds	18922
constituting rents or lease payments due, any deposit made to	18923
secure payment of rents or leases, or any sum paid in advance for	18924
rents, leases, possible damage to property, unused services,	18925
performance requirements, or any other purpose, held or owed by a	18926
holder unclaimed for one year;	18927

(2) Any escrow funds, security deposits, or other moneys that	18928
are received by a licensed broker in a fiduciary capacity and	18929
that, pursuant to division (A)(26) of section 4735.18 of the	18930
Revised Code, are required to be deposited into and maintained in	18931
a special or trust, noninterest-bearing bank account separate and	18932
distinct from any personal or other account of the licensed	18933
broker, held or owed by the licensed broker unclaimed for two	18934
years.	18935

(N) Any sum greater than fifty dollars payable as wages, any	18936
sum payable as salaries or commissions, any sum payable for	18937
services rendered, funds owed or held as royalties, oil and	18938
mineral proceeds, funds held for or owed to suppliers, and moneys	18939
owed under pension and profit-sharing plans, held or owed by any	18940
holder unclaimed for one year from date payable or distributable,	18941
and all other credits held or owed, or to be refunded to a retail	18942
customer, by any holder unclaimed for three years from date	18943
payable or distributable;	18944

(O) Amounts held in respect of or represented by lay-aways	18945
sold after January 1, 1972, less any lawful claims, when such	18946
lay-aways are unclaimed for three years after the sale of them;	18947

(P) All moneys, rights to moneys, and other intangible	18948
property not otherwise constituted as unclaimed funds by this	18949
section, including any income or increment on them, less any	18950
lawful claims, which are held or owed by any holder, other than a	18951
holder which holds a permit issued pursuant to Chapter 3769. of	18952
the Revised Code, and which have remained unclaimed for three	18953
years after becoming payable or distributable;	18954

(Q) All moneys that arise out of a sale held pursuant to	18955
section 5322.03 of the Revised Code, that are held by a holder for	18956
delivery on demand to the appropriate person pursuant to division	18957
(I) of that section, and that are unclaimed for two years after	18958
the date of the sale.	18959

(R)(1) Any funds that are subject to an agreement between the	18960
holder and owner providing for automatic reinvestment and that	18961
constitute dividends, distributions, or other sums held or owed by	18962
a holder in connection with a security as defined in section	18963
1707.01 of the Revised Code, an ownership interest in an	18964
investment company registered under the "Investment Company Act of	18965
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	18966
of deposit, unclaimed for a period of five years.	18967

(2) The five-year period under division (R)(1) of this	18968
section commences from the date a second shareholder notification	18969
or communication mailing to the owner of the funds is returned to	18970
the holder as undeliverable by the United States postal service or	18971
other carrier. The notification or communication mailing by the	18972
holder shall be no less frequent than quarterly.	18973

All moneys in a personal allowance account, as defined by	18974
rules adopted by the medicaid director ~~of job and family services~~,	18975
up to and including the maximum resource limitation, of a medicaid	18976
~~patient~~recipient who has died after receiving care in a long-term	18977
care facility, and for whom there is no identifiable heir or	18978
sponsor, are not subject to this chapter.	18979

Sec. 169.05. (A) Every holder required to file a report	18980
under section 169.03 of the Revised Code shall, at the time of	18981
filing, pay to the director of commerce ten per cent of the	18982
aggregate amount of unclaimed funds as shown on the report, except	18983
for aggregate amounts of fifty dollars or less in which case one	18984
hundred per cent shall be paid. The funds may be deposited by the	18985
director in the state treasury to the credit of the unclaimed	18986
funds trust fund, which is hereby created, or placed with a	18987
financial organization. Any interest earned on money in the trust	18988
fund shall be credited to the trust fund. The remainder of the	18989
aggregate amount of unclaimed funds as shown on the report, plus	18990
earnings accrued to date of payment to the director, shall, at the	18991
option of the director, be retained by the holder or paid to the	18992
director for deposit as agent for the mortgage funds with a	18993
financial organization as defined in section 169.01 of the Revised	18994
Code, with the funds to be in income-bearing accounts to the	18995
credit of the mortgage funds, or the holder may enter into an	18996
agreement with the director specifying the obligations of the	18997
United States in which funds are to be invested, and agree to pay	18998
the interest on the obligations to the state. Holders retaining	18999
any funds not in obligations of the United States shall enter into	19000
an agreement with the director specifying the classification of	19001
income-bearing account in which the funds will be held and pay the	19002
state interest on the funds at a rate equal to the prevailing	19003
market rate for similar funds. Moneys that the holder is required	19004
to pay to the director rather than to retain may be deposited with	19005
the treasurer of state, or placed with a financial organization.	19006

Securities and other intangible property transferred to the	19007
director shall, within a reasonable time, be converted to cash and	19008
the proceeds deposited as provided for other funds.	19009

One-half of the funds evidenced by agreements, in	19010
income-bearing accounts, or on deposit with the treasurer of state	19011
shall be allocated on the records of the director to the mortgage	19012
insurance fund created by section 122.561 of the Revised Code. Out	19013
of the remaining half, after allocation of sufficient moneys to	19014
the minority business bonding fund to meet the provisions of	19015
division (B) of this section, the remainder shall be allocated on	19016
the records of the director to the housing development fund	19017
created by division (A) of section 175.11 of the Revised Code.	19018

(B) The director shall serve as agent for the director of	19019
development and as agent for the Ohio housing finance agency in	19020
making deposits and withdrawals and maintaining records pertaining	19021
to the minority business bonding fund created by section 122.88 of	19022
the Revised Code, the mortgage insurance fund, and the housing	19023
development fund created by section 175.11 of the Revised Code.	19024
Funds from the mortgage insurance fund are available to the	19025
director of development when those funds are to be disbursed to	19026
prevent or cure, or upon the occurrence of, a default of a	19027
mortgage insured pursuant to section 122.451 of the Revised Code.	19028
Funds from the housing development fund are available upon request	19029
to the Ohio housing finance agency, in an amount not to exceed the	19030
funds allocated on the records of the director, for the purposes	19031
of section 175.05 of the Revised Code. Funds from the minority	19032
business bonding fund are available to the director of development	19033
upon request to pay obligations on bonds the director writes	19034
pursuant to section 122.88 of the Revised Code; except that,	19035
unless the general assembly authorizes additional amounts, the	19036
total maximum amount of moneys that may be allocated to the	19037
minority business bonding fund under this division is ten million	19038
dollars.	19039

When funds are to be disbursed, the appropriate agency shall	19040
call upon the director to transfer the necessary funds to it. The	19041
director shall first withdraw the funds paid by the holders and	19042
deposited with the treasurer of state or in a financial	19043
institution as agent for the funds. Whenever these funds are	19044
inadequate to meet the request, the director shall provide for a	19045
withdrawal of funds, within a reasonable time and in the amount	19046
necessary to meet the request, from financial institutions in	19047
which the funds were retained or placed by a holder and from other	19048
holders who have retained funds, in an equitable manner as the	19049
director prescribes. In the event that the amount to be withdrawn	19050
from any one holder is less than five hundred dollars, the amount	19051
to be withdrawn is at the director's discretion. The director	19052
shall then transfer to the agency the amount of funds requested.	19053

Funds deposited in the unclaimed funds trust fund are subject	19054
to call by the director when necessary to pay claims the director	19055
allows under section 169.08 of the Revised Code, in accordance	19056
with the director's rules, to defray the necessary costs of making	19057
publications this chapter requires and to pay other operating and	19058
administrative expenses the department of commerce incurs in the	19059
administration and enforcement of this chapter.	19060

The unclaimed funds trust fund shall be assessed a	19061
proportionate share of the administrative costs of the department	19062
of commerce in accordance with procedures the director of commerce	19063
prescribes and the director of budget and management approves. The	19064
assessment shall be paid from the unclaimed funds trust fund to	19065
the division of administration fund.	19066

(C) Earnings on the accounts in financial organizations to	19067
the credit of the mortgage funds shall, at the option of the	19068
financial organization, be credited to the accounts at times and	19069
at rates as earnings are paid on other accounts of the same	19070
classification held in the financial organization or paid to the	19071
director. The director shall be notified annually, and at other	19072
times as the director may request, of the amount of the earnings	19073
credited to the accounts. Interest on unclaimed funds a holder	19074
retains shall be paid to the director or credited as specified in	19075
the agreement under which the organization retains the funds.	19076
Interest payable to the director under an agreement to invest	19077
unclaimed funds ~~and~~in income-bearing accounts or obligations of	19078
the United States shall be paid annually by the holder to the	19079
director. Any earnings or interest the director receives under	19080
this division shall be deposited in and credited to the mortgage	19081
funds.	19082

Sec. 169.07. (A) Upon the payment of unclaimed funds to the	19083
director of commerce under section 169.05 of the Revised Code the	19084
holder will be relieved of further responsibility for the	19085
safe-keeping thereof and will be held harmless by the state from	19086
any and all liabilities for any claim arising out of the transfer	19087
of such funds to the state.	19088

(B) If legal proceedings are instituted against a holder	19089
which has paid unclaimed funds to the director or entered into an	19090
agreement as provided in section 169.05 of the Revised Code in	19091
respect to such funds, such holder shall notify the director in	19092
writing of the pendency of such proceedings and the director shall	19093
intervene and assume the defense of such proceedings. Failure to	19094
give such notice shall absolve the state from any and all	19095
liability which it may have with regard to such funds. If judgment	19096
is entered against such holder, the director shall, upon proof of	19097
satisfaction of such judgment, forthwith reimburse such	19098
organization for the amount of the judgment or enter into an	19099
agreement modified to reflect the satisfaction of such judgment,	19100
if the holder retained such funds, and shall reimburse such holder	19101
for any legal fees, costs and other expenses incurred in such	19102
proceedings in the manner provided for the payment of claims under	19103
~~division~~divisions (D) and (E) of section 169.08 of the Revised	19104
Code.	19105

Sec. 169.08. (A) The director shall pay to the owner or	19106
other person who has established the right to payment under this	19107
section, funds from the unclaimed funds trust fund in an amount	19108
equal to the amount of property delivered or reported to the	19109
director, or equal to the net proceeds if the securities or other	19110
property have been sold, together with interest earned by the	19111
state if required to be paid under division (D) of this section.	19112
Any person claiming a property interest in unclaimed funds	19113
delivered or reported to the state under Chapter 169. of the	19114
Revised Code, including the office of child support in the	19115
department of job and family services, pursuant to section 3123.88	19116
of the Revised Code, may file a claim thereto on the form	19117
prescribed by the director of commerce.	19118

(B) The director shall consider matters relevant to any claim	19119
filed under division (A) of this section and shall hold a formal	19120
hearing if requested or considered necessary and receive evidence	19121
concerning such claim. A finding and decision in writing on each	19122
claim filed shall be prepared, stating the substance of any	19123
evidence received or heard and the reasons for allowance or	19124
disallowance of the claim. The evidence and decision shall be a	19125
public record. No statute of limitations shall bar the allowance	19126
of a claim.	19127

(C) For the purpose of conducting any hearing, the director	19128
may require the attendance of such witnesses and the production of	19129
such books, records, and papers as the director desires, and the	19130
director may take the depositions of witnesses residing within or	19131
without this state in the same manner as is prescribed by law for	19132
the taking of depositions in civil actions in the court of common	19133
pleas, and for that purpose the director may issue a subpoena for	19134
any witness or a subpoena duces tecum to compel the production of	19135
any books, records, or papers, directed to the sheriff of the	19136
county where such witness resides or is found, which shall be	19137
served and returned. The fees of the sheriff shall be the same as	19138
that allowed in the court of common pleas in criminal cases.	19139
Witnesses shall be paid the fees and mileage provided for under	19140
section 119.094 of the Revised Code. Fees and mileage shall be	19141
paid from the unclaimed funds trust fund.	19142

(D) Interest ~~is not~~earned by the state shall be payable to	19143
claimants of unclaimed funds held by the state in accordance with	19144
final court orders derived from the Sogg v. Zurz, 121 Ohio St.3d	19145
449 (2009), line of cases and final settlement agreement	19146
determining payment of interest on unclaimed funds. For properties	19147
received by the state on or before July 26, 1991, interest shall	19148
be paid at a rate of six per cent per annum from the date the	19149
state received the property up to and including July 26, 1991. No	19150
interest shall be payable on any properties for the period from	19151
July 27, 1991, up to and including August 2, 2000. For properties	19152
held by the state on August 3, 2000, or after, interest shall be	19153
paid at the applicable required rate per annum for the period held	19154
from August 3, 2000, or the date of receipt, whichever is later,	19155
up to and including the date the claim is paid. ~~Claims~~	19156

(E) Claims shall be paid from the trust fund. If the amount	19157
available in the trust fund is not sufficient to pay pending	19158
claims, or other amounts disbursable from the trust fund, the	19159
treasurer of state shall certify such fact to the director, who	19160
shall then withdraw such amount of funds from the mortgage	19161
accounts as the director determines necessary to reestablish the	19162
trust fund to a level required to pay anticipated claims but not	19163
more than ten per cent of the net unclaimed funds reported to	19164
date.	19165

The director may withdraw the funds paid to the director by	19166
the holders and deposited by the director with the treasurer of	19167
state or in a financial institution as agent for such funds.	19168
Whenever these funds are inadequate to meet the requirements for	19169
the trust fund, the director shall provide for a withdrawal of	19170
funds, within a reasonable time, in such amount as is necessary to	19171
meet the requirements, from financial institutions in which such	19172
funds were retained or placed by a holder and from other holders	19173
who have retained funds, in an equitable manner as prescribed by	19174
the director. In the event that the amount to be withdrawn from	19175
any one such holder is less than five hundred dollars, the amount	19176
to be withdrawn shall be at the discretion of the director. Such	19177
funds may be reimbursed in the amounts withdrawn when the trust	19178
fund has a surplus over the amount required to pay anticipated	19179
claims. Whenever the trust fund has a surplus over the amount	19180
required to pay anticipated claims, the director may transfer such	19181
surplus to the mortgage accounts.	19182

~~(E)~~(F) If a claim which is allowed under this section relates	19183
to funds which have been retained by the reporting holder, and if	19184
the funds, on deposit with the treasurer of state pursuant to this	19185
chapter, are insufficient to pay claims, the director may notify	19186
such holder in writing of the payment of the claim and such holder	19187
shall immediately reimburse the state in the amount of such claim.	19188
The reimbursement shall be credited to the unclaimed funds trust	19189
fund.	19190

~~(F)~~(G) Any person, including the office of child support,	19191
adversely affected by a decision of the director may appeal such	19192
decision in the manner provided in Chapter 119. of the Revised	19193
Code.	19194

In the event the claimant prevails, the claimant shall be	19195
reimbursed for reasonable attorney's fees and costs.	19196

~~(G)~~(H) Notwithstanding anything to the contrary in this	19197
chapter, any holder who has paid moneys to or entered into an	19198
agreement with the director pursuant to section 169.05 of the	19199
Revised Code on certified checks, cashiers' checks, bills of	19200
exchange, letters of credit, drafts, money orders, or travelers'	19201
checks, may make payment to any person entitled thereto, including	19202
the office of child support, and upon surrender of the document,	19203
except in the case of travelers' checks, and proof of such	19204
payment, the director shall reimburse the holder for such payment	19205
without interest.	19206

Sec. 173.03. (A) There is hereby created the Ohio advisory	19207
council for the aging, which shall consist of twelve members to be	19208
appointed by the governor with the advice and consent of the	19209
senate. Two ex officio members of the council shall be members of	19210
the house of representatives appointed by the speaker of the house	19211
of representatives and shall be members of two different political	19212
parties. Two ex officio members of the council shall be members of	19213
the senate appointed by the president of the senate and shall be	19214
members of two different political parties. The medicaid director	19215
and directors of ~~mental health~~mental health and addiction	19216
services, developmental disabilities, health, and job and family	19217
services, or their designees, shall serve as ex officio members of	19218
the council. The council shall carry out its role as defined under	19219
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	19220
as amended.	19221

At the first meeting of the council, and annually thereafter,	19222
the members shall select one of their members to serve as	19223
chairperson and one of their members to serve as vice-chairperson.	19224

(B) Members of the council shall be appointed for a term of	19225
three years, except that for the first appointment members of the	19226
Ohio commission on aging who were serving on the commission	19227
immediately prior to July 26, 1984, shall become members of the	19228
council for the remainder of their unexpired terms. Thereafter,	19229
appointment to the council shall be for a three-year term by the	19230
governor. Each member shall hold office from the date of	19231
appointment until the end of the term for which the member was	19232
appointed. Any member appointed to fill a vacancy occurring prior	19233
to the expiration of the term for which the member's predecessor	19234
was appointed shall hold office for the remainder of the term. No	19235
member shall continue in office subsequent to the expiration date	19236
of the member's term unless reappointed under the provisions of	19237
this section, and no member shall serve more than three	19238
consecutive terms on the council.	19239

(C) Membership of the council shall represent all areas of	19240
Ohio and shall be as follows:	19241

(1) A majority of members of the council shall have attained	19242
the age of ~~sixty~~fifty and have a knowledge of and continuing	19243
interest in the affairs and welfare of the older citizens of Ohio.	19244
The fields of business, labor, health, law, and human services	19245
shall be represented in the membership.	19246

(2) No more than seven members shall be of the same political	19247
party.	19248

(D) Any member of the council may be removed from office by	19249
the governor for neglect of duty, misconduct, or malfeasance in	19250
office after being informed in writing of the charges and afforded	19251
an opportunity for a hearing. Two consecutive unexcused absences	19252
from regularly scheduled meetings constitute neglect of duty.	19253

(E) The director of aging may reimburse a member for actual	19254
and necessary traveling and other expenses incurred in the	19255
discharge of official duties. But reimbursement shall be made in	19256
the manner and at rates that do not exceed those prescribed by the	19257
director of budget and management for any officer, member, or	19258
employee of, or consultant to, any state agency.	19259

(F) Council members are not limited as to the number of terms	19260
they may serve.	19261

(G)(1) The department of aging may award grants to or enter	19262
into contracts with a member of the advisory council or an entity	19263
that the member represents if any of the following apply:	19264

(a) The department determines that the member or the entity	19265
the member represents is capable of providing the goods or	19266
services specified under the terms of the grant or contract.	19267

(b) The member has not taken part in any discussion or vote	19268
of the council related to whether the council should recommend	19269
that the department of aging award the grant to or enter into the	19270
contract with the member of the advisory council or the entity	19271
that the member represents.	19272

(2) A member of the advisory council is not in violation of	19273
Chapter 102. or section 2921.42 of the Revised Code with regard to	19274
receiving a grant or entering into a contract under this section	19275
if the conditions of division (G)(1)(a) and (b) of this section	19276
have been met.	19277

Sec. 173.14. As used in sections 173.14 to 173.27 of the	19278
Revised Code:	19279

(A)(1) Except as otherwise provided in division (A)(2) of	19280
this section, "long-term care facility" includes any residential	19281
facility that provides personal care services for more than	19282
twenty-four hours for one or more unrelated adults, including all	19283
of the following:	19284

(a) A "nursing home," "residential care facility," or "home	19285
for the aging" as defined in section 3721.01 of the Revised Code;	19286

(b) A facility authorized to provide extended care services	19287
under Title XVIII of the "Social Security Act," 49 Stat. 620	19288
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19289
care hospital that provides medical and rehabilitative care to	19290
patients who require an average length of stay greater than	19291
twenty-five days and is classified by the centers for medicare and	19292
medicaid services as a long-term care hospital pursuant to 42	19293
C.F.R. 412.23(e);	19294

(c) A county home or district home operated pursuant to	19295
Chapter 5155. of the Revised Code;	19296

(d) A residential facility licensed under section ~~5119.22~~	19297
5119.34 of the Revised Code that provides accommodations,	19298
supervision, and personal care services for three to sixteen	19299
unrelated adults or accommodations and personal care services for	19300
only one or two adults who are ~~recipients under the~~receiving	19301
residential state supplement program;	19302

(e) A facility approved by the veterans administration under	19303
section 104(a) of the "Veterans Health Care Amendments of 1983,"	19304
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19305
the placement and care of veterans.	19306

(2) "Long-term care facility" does not include a residential	19307
facility licensed under section 5123.19 of the Revised Code.	19308

(B) "Resident" means a resident of a long-term care facility	19309
and, where appropriate, includes a prospective, previous, or	19310
deceased resident of a long-term care facility.	19311

(C) "Community-based long-term care services" means health	19312
and social services provided to persons in their own homes or in	19313
community care settings, and includes any of the following:	19314

(1) Case management;

19315

(2) Home health care;

19316

(3) Homemaker services;

19317

(4) Chore services;

19318

(5) Respite care;

19319

(6) Adult day care;

19320

(7) Home-delivered meals;

19321

(8) Personal care;

19322

(9) Physical, occupational, and speech therapy;

19323

(10) Transportation;

19324

(11) Any other health and social services provided to persons	19325
that allow them to retain their independence in their own homes or	19326
in community care settings.	19327

(D) "Recipient" means a recipient of community-based	19328
long-term care services and, where appropriate, includes a	19329
prospective, previous, or deceased recipient of community-based	19330
long-term care services.	19331

(E) "Sponsor" means an adult relative, friend, or guardian	19332
who has an interest in or responsibility for the welfare of a	19333
resident or a recipient.	19334

(F) "Personal care services" has the same meaning as in	19335
section 3721.01 of the Revised Code.	19336

(G) "Regional long-term care ~~ombudsperson~~ombudsman program"	19337
means an entity, either public or private and nonprofit,	19338
designated as a regional long-term care ~~ombudsperson~~ombudsman	19339
program by the state long-term care ~~ombudsperson~~ombudsman.	19340

(H) "Representative of the office of the state long-term care	19341
~~ombudsperson~~ombudsman program" means the state long-term care	19342
~~ombudsperson~~ombudsman or a member of the ~~ombudsperson's~~	19343
ombudsman's staff, or a person certified as a representative of	19344
the office under section 173.21 of the Revised Code.	19345

(I) "Area agency on aging" means an area agency on aging	19346
established under the "Older Americans Act of 1965," 79 Stat. 219,	19347
42 U.S.C.A. 3001, as amended.	19348

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	19349
ombudsman shall do all of the following:	19350

(1) Appoint a staff and direct and administer the work of the	19351
staff;	19352

(2) Supervise the nursing home investigative unit established	19353
under division (I) of section 173.01 of the Revised Code;	19354

(3) Oversee the performance and operation of the office of	19355
the state long-term care ~~ombudsperson~~ombudsman program, including	19356
the operation of regional long-term care ~~ombudsperson~~ombudsman	19357
programs;	19358

(4) Establish and maintain a statewide uniform reporting	19359
system to collect and analyze information relating to complaints	19360
and conditions in long-term care facilities and complaints	19361
regarding the provision of community-based long-term care services	19362
for the purpose of identifying and resolving significant problems;	19363

(5) Provide for public forums to discuss concerns and	19364
problems relating to action, inaction, or decisions that may	19365
adversely affect the health, safety, welfare, or rights of	19366
residents and recipients of services by providers of long-term	19367
care and their representatives, public agencies and entities, and	19368
social service agencies. This may include any of the following:	19369
conducting public hearings; sponsoring workshops and conferences;	19370
holding meetings for the purpose of obtaining information about	19371
residents and recipients, discussing and publicizing their needs,	19372
and advocating solutions to their problems; and promoting the	19373
development of citizen organizations.	19374

(6) Encourage, cooperate with, and assist in the development	19375
and operation of services to provide current, objective, and	19376
verified information about long-term care;	19377

(7) Develop and implement, with the assistance of regional	19378
programs, a continuing program to publicize, through the media and	19379
civic organizations, the office, its purposes, and its methods of	19380
operation;	19381

(8) Maintain written descriptions of the duties and	19382
qualifications of representatives of the office;	19383

(9) Evaluate and make known concerns and issues regarding	19384
long-term care by doing all of the following:	19385

(a) Preparing an annual report containing information and	19386
findings regarding the types of problems experienced by residents	19387
and recipients and the complaints made by or on behalf of	19388
residents and recipients. The report shall include recommendations	19389
for policy, regulatory, and legislative changes to solve problems,	19390
resolve complaints, and improve the quality of care and life for	19391
residents and recipients and shall be submitted to the governor,	19392
the speaker of the house of representatives, the president of the	19393
senate, the directors of health and of job and family services,	19394
and the commissioner of the administration on aging of the United	19395
States department of health and human services.	19396

(b) Monitoring and analyzing the development and	19397
implementation of federal, state, and local laws, rules, and	19398
policies regarding long-term care services in this state and	19399
recommending to officials changes the office considers appropriate	19400
in these laws, rules, and policies;	19401

(c) Providing information and making recommendations to	19402
public agencies, members of the general assembly, and others	19403
regarding problems and concerns of residents and recipients.	19404

(10) Conduct training for employees and volunteers on	19405
~~ombudsperson's~~ombudsman's staff and for representatives of the	19406
office employed by regional programs;	19407

(11) Monitor the training of representatives of the office	19408
who provide volunteer services to regional programs, and provide	19409
technical assistance to the regional programs in conducting the	19410
training;	19411

(12) Issue certificates attesting to the successful	19412
completion of training and specifying the level of responsibility	19413
for which a representative of the office who has completed	19414
training is qualified;	19415

(13) Register as a residents' rights advocate with the	19416
department of health under division (B) of section 3701.07 of the	19417
Revised Code;	19418

(14) Perform other duties specified by the department of	19419
aging.	19420

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	19421
~~ombudsperson's~~ombudsman's authority or duties under sections	19422
173.14 to 173.26 of the Revised Code to any member of the	19423
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	19424
is responsible for any authority or duties the ~~ombudsperson~~	19425
ombudsman delegates.	19426

Sec. 173.19. (A) The office of the state long-term care	19427
~~ombudsperson~~ombudsman program, through the state long-term care	19428
~~ombudsperson~~ombudsman and the regional long-term care	19429
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	19430
attempt to resolve complaints made by residents, recipients,	19431
sponsors, providers of long-term care, or any person acting on	19432
behalf of a resident or recipient, relating to either of the	19433
following:	19434

(1) The health, safety, welfare, or civil rights of a	19435
resident or recipient or any violation of a resident's rights	19436
described in sections 3721.10 to 3721.17 of the Revised Code;	19437

(2) Any action or inaction or decision by a provider of	19438
long-term care or representative of a provider, a governmental	19439
entity, or a private social service agency that may adversely	19440
affect the health, safety, welfare, or rights of a resident or	19441
recipient.	19442

(B) The department of aging shall adopt rules in accordance	19443
with Chapter 119. of the Revised Code regarding the handling of	19444
complaints received under this section, including procedures for	19445
conducting investigations of complaints. The rules shall include	19446
procedures to ensure that no representative of the office	19447
investigates any complaint involving a provider of long-term care	19448
with which the representative was once employed or associated.	19449

The state ~~ombudsperson~~ombudsman and regional programs shall	19450
establish procedures for handling complaints consistent with the	19451
department's rules. Complaints shall be dealt with in accordance	19452
with the procedures established under this division.	19453

(C) The office of the state long-term care ~~ombudsperson~~	19454
ombudsman program may decline to investigate any complaint if it	19455
determines any of the following:	19456

(1) That the complaint is frivolous, vexatious, or not made	19457
in good faith;	19458

(2) That the complaint was made so long after the occurrence	19459
of the incident on which it is based that it is no longer	19460
reasonable to conduct an investigation;	19461

(3) That an adequate investigation cannot be conducted	19462
because of insufficient funds, insufficient staff, lack of staff	19463
expertise, or any other reasonable factor that would result in an	19464
inadequate investigation despite a good faith effort;	19465

(4) That an investigation by the office would create a real	19466
or apparent conflict of interest.	19467

(D) If a regional long-term care ~~ombudsperson~~ombudsman	19468
program declines to investigate a complaint, it shall refer the	19469
complaint to the state long-term care ~~ombudsperson~~ombudsman.	19470

(E) Each complaint to be investigated by a regional program	19471
shall be assigned to a representative of the office of the state	19472
long-term care ~~ombudsperson~~ombudsman program. If the	19473
representative determines that the complaint is valid, the	19474
representative shall assist the parties in attempting to resolve	19475
it. If the representative is unable to resolve it, the	19476
representative shall refer the complaint to the state ~~ombudsperson~~	19477
ombudsman.	19478

In order to carry out the duties of sections 173.14 to 173.26	19479
of the Revised Code, a representative has the right to private	19480
communication with residents and their sponsors and access to	19481
long-term care facilities, including the right to tour resident	19482
areas unescorted and the right to tour facilities unescorted as	19483
reasonably necessary to the investigation of a complaint. Access	19484
to facilities shall be during reasonable hours or, during	19485
investigation of a complaint, at other times appropriate to the	19486
complaint.	19487

When community-based long-term care services are provided at	19488
a location other than the recipient's home, a representative has	19489
the right to private communication with the recipient and the	19490
recipient's sponsors and access to the community-based long-term	19491
care site, including the right to tour the site unescorted. Access	19492
to the site shall be during reasonable hours or, during the	19493
investigation of a complaint, at other times appropriate to the	19494
complaint.	19495

(F) The state ~~ombudsperson~~ombudsman shall determine whether	19496
complaints referred to the ~~ombudsperson~~ombudsman under division	19497
(D) or (E) of this section warrant investigation. The	19498
~~ombudsperson's~~ombudsman's determination in this matter is final.	19499

Sec. 173.20. (A) If consent is given and unless otherwise	19500
prohibited by law, a representative of the office of the state	19501
long-term care ombudsman program shall have access to any records,	19502
including medical records, of a resident or a recipient that are	19503
reasonably necessary for investigation of a complaint. Consent may	19504
be given in any of the following ways:	19505

(1) In writing by the resident or recipient;

19506

(2) Orally by the resident or recipient, witnessed in writing	19507
at the time it is given by one other person, and, if the records	19508
involved are being maintained by a long-term care provider, also	19509
by an employee of the long-term care provider designated under	19510
division (E)(1) of this section;	19511

(3) In writing by the guardian of the resident or recipient;

19512

(4) In writing by the attorney in fact of the resident or	19513
recipient, if the resident or recipient has authorized the	19514
attorney in fact to give such consent;	19515

(5) In writing by the executor or administrator of the estate	19516
of a deceased resident or recipient.	19517

(B) If consent to access to records is not refused by a	19518
resident or recipient or ~~his~~the resident's or recipient's legal	19519
representative but cannot be obtained and any of the following	19520
circumstances exist, a representative of the office of the state	19521
long-term care ombudsman program, on approval of the state	19522
long-term care ombudsman, may inspect the records of a resident or	19523
a recipient, including medical records, that are reasonably	19524
necessary for investigation of a complaint:	19525

(1) The resident or recipient is unable to express written or	19526
oral consent and there is no guardian or attorney in fact;	19527

(2) There is a guardian or attorney in fact, but hethe	19528
guardian or attorney in fact cannot be contacted within three	19529
working days;	19530

(3) There is a guardianship or durable power of attorney, but	19531
its existence is unknown by the long-term care provider and the	19532
representative of the office at the time of the investigation;	19533

(4) There is no executor or administrator of the estate of a	19534
deceased resident or recipient.	19535

(C) If a representative of the office of the state long-term	19536
care ombudsman program has been refused access to records by a	19537
guardian or attorney in fact, but has reasonable cause to believe	19538
that the guardian or attorney in fact is not acting in the best	19539
interests of the resident or recipient, the representative may, on	19540
approval of the state long-term care ombudsman, inspect the	19541
records of the resident or recipient, including medical records,	19542
that are reasonably necessary for investigation of a complaint.	19543

(D) A representative of the office of the state long-term	19544
care ombudsman program shall have access to any records of a	19545
long-term care provider reasonably necessary to an investigation	19546
conducted under this section, including but not limited to:	19547
incident reports, dietary records, policies and procedures of a	19548
facility required to be maintained under section ~~5111.21~~5165.06	19549
of the Revised Code, admission agreements, staffing schedules, any	19550
document depicting the actual staffing pattern of the provider,	19551
any financial records that are matters of public record, resident	19552
council and grievance committee minutes, and any waiting list	19553
maintained by a facility in accordance with section ~~5111.31~~	19554
5165.08 of the Revised Code, or any similar records or lists	19555
maintained by a provider of community-based long-term care	19556
services. Pursuant to division (E)(2) of this section, a	19557
representative shall be permitted to make or obtain copies of any	19558
of these records after giving the long-term care provider	19559
twenty-four hours' notice. A long-term care provider may impose a	19560
charge for providing copies of records under this division that	19561
does not exceed the actual and necessary expense of making the	19562
copies.	19563

The state ombudsman shall take whatever action is necessary	19564
to ensure that any copy of a record made or obtained under this	19565
division is returned to the long-term care provider no later than	19566
three years after the date the investigation for which the copy	19567
was made or obtained is completed.	19568

(E)(1) Each long-term care provider shall designate one or	19569
more of its employees to be responsible for witnessing the giving	19570
of oral consent under division (A) of this section. In the event	19571
that a designated employee is not available when a resident or	19572
recipient attempts to give oral consent, the provider shall	19573
designate another employee to witness the consent.	19574

(2) Each long-term care provider shall designate one or more	19575
of its employees to be responsible for releasing records for	19576
copying to representatives of the office of the long-term care	19577
ombudsman program who request permission to make or obtain copies	19578
of records specified in division (D) of this section. In the event	19579
that a designated employee is not available when a representative	19580
of the office makes the request, the long-term care provider shall	19581
designate another employee to release the records for copying.	19582

(F) A long-term care provider or any employee of such a	19583
provider is immune from civil or criminal liability or action	19584
taken pursuant to a professional disciplinary procedure for the	19585
release or disclosure of records to a representative of the office	19586
pursuant to this section.	19587

(G) A state or local government agency or entity with records	19588
relevant to a complaint or investigation being conducted by a	19589
representative of the office shall provide the representative	19590
access to the records.	19591

(H) The state ombudsman, with the approval of the director of	19592
aging, may issue a subpoena to compel any person hethe ombudsman	19593
reasonably believes may be able to provide information to appear	19594
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	19595
sworn testimony and to produce documents, books, records, papers,	19596
or other evidence the state ombudsman believes is relevant to the	19597
investigation. On the refusal of a witness to be sworn or to	19598
answer any question put to ~~him~~the witness, or if a person	19599
disobeys a subpoena, the ombudsman shall apply to the Franklin	19600
county court of common pleas for a contempt order, as in the case	19601
of disobedience of the requirements of a subpoena issued from the	19602
court, or a refusal to testify in the court.	19603

(I) The state ombudsman may petition the court of common	19604
pleas in the county in which a long-term care facility is located	19605
to issue an injunction against any long-term care facility in	19606
violation of sections 3721.10 to 3721.17 of the Revised Code.	19607

(J) Any suspected violation of Chapter 3721. of the Revised	19608
Code discovered during the course of an investigation may be	19609
reported to the department of health. Any suspected criminal	19610
violation discovered during the course of an investigation shall	19611
be reported to the attorney general or other appropriate law	19612
enforcement authorities.	19613

(K) The department of aging shall adopt rules in accordance	19614
with Chapter 119. of the Revised Code for referral by the state	19615
ombudsman and regional long-term care ombudsman programs of	19616
complaints to other public agencies or entities. A public agency	19617
or entity to which a complaint is referred shall keep the state	19618
ombudsman or regional program handling the complaint advised and	19619
notified in writing in a timely manner of the disposition of the	19620
complaint to the extent permitted by law.	19621

Sec. 173.21. (A) The office of the state long-term care	19622
~~ombudsperson~~ombudsman program, through the state long-term care	19623
~~ombudsperson~~ombudsman and the regional long-term care	19624
~~ombudsperson~~ombudsman programs, shall require each representative	19625
of the office to complete a training and certification program in	19626
accordance with this section and to meet the continuing education	19627
requirements established under this section.	19628

(B) The department of aging shall adopt rules under Chapter	19629
119. of the Revised Code specifying the content of training	19630
programs for representatives of the office of the state long-term	19631
care ~~ombudsperson~~ombudsman program. Training for representatives	19632
other than those who are volunteers providing services through	19633
regional long-term care ~~ombudsperson~~ombudsman programs shall	19634
include instruction regarding federal, state, and local laws,	19635
rules, and policies on long-term care facilities and	19636
community-based long-term care services; investigative techniques;	19637
and other topics considered relevant by the department and shall	19638
consist of the following:	19639

(1) A minimum of forty clock hours of basic instruction,	19640
which shall be completed before the trainee is permitted to handle	19641
complaints without the supervision of a representative of the	19642
office certified under this section;	19643

(2) An additional sixty clock hours of instruction, which	19644
shall be completed within the first fifteen months of employment;	19645

(3) An internship of twenty clock hours, which shall be	19646
completed within the first twenty-four months of employment,	19647
including instruction in, and observation of, basic nursing care	19648
and long-term care provider operations and procedures. The	19649
internship shall be performed at a site that has been approved as	19650
an internship site by the state long-term care ~~ombudsperson~~	19651
ombudsman.	19652

(4) One of the following, which shall be completed within the	19653
first twenty-four months of employment:	19654

(a) Observation of a survey conducted by the director of	19655
health to certify a nursing facility to ~~receive funds under~~	19656
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	19657
medicaid program;	19658

(b) Observation of an inspection conducted by the director of	19659
~~mental health~~mental health and addiction services to license a	19660
residential facility under section ~~5119.22~~5119.34 of the Revised	19661
Code that provides accommodations, supervision, and personal care	19662
services for three to sixteen unrelated adults.	19663

(5) Any other training considered appropriate by the	19664
department.	19665

(C) ~~Persons~~Any person who for a period of at least six	19666
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	19667
through the long-term care ~~ombudsperson~~ombudsman program	19668
established by the department of aging under division (M) of	19669
section 173.01 of the Revised Code shall not be required to	19670
complete a training program. ~~These persons~~Such a person and	19671
persons who complete a training program shall take an examination	19672
administered by the department of aging. On attainment of a	19673
passing score, the person shall be certified by the department as	19674
a representative of the office. The department shall issue the	19675
person an identification card, which the representative shall show	19676
at the request of any person with whom the representative deals	19677
while performing the representative's duties and which shall be	19678
surrendered at the time the representative separates from the	19679
office.	19680

(D) The state ~~ombudsperson~~ombudsman and each regional	19681
program shall conduct training programs for volunteers on their	19682
respective staffs in accordance with the rules of the department	19683
of aging adopted under division (B) of this section. Training	19684
programs may be conducted that train volunteers to complete some,	19685
but not all, of the duties of a representative of the office. Each	19686
regional office shall bear the cost of training its	19687
representatives who are volunteers. On completion of a training	19688
program, the representative shall take an examination administered	19689
by the department of aging. On attainment of a passing score, a	19690
volunteer shall be certified by the department as a representative	19691
authorized to perform services specified in the certification. The	19692
department shall issue an identification card, which the	19693
representative shall show at the request of any person with whom	19694
the representative deals while performing the representative's	19695
duties and which shall be surrendered at the time the	19696
representative separates from the office. Except as a supervised	19697
part of a training program, no volunteer shall perform any duty	19698
unless he is certified as a representative having received	19699
appropriate training for that duty.	19700

(E) The state ~~ombudsperson~~ombudsman shall provide technical	19701
assistance to regional programs conducting training programs for	19702
volunteers and shall monitor the training programs.	19703

(F) Prior to scheduling an observation of a certification	19704
survey or licensing inspection for purposes of division (B)(4) of	19705
this section, the state ~~ombudsperson~~ombudsman shall obtain	19706
permission to have the survey or inspection observed from both the	19707
director of health and the long-term care facility at which the	19708
survey or inspection is to take place.	19709

(G) The department of aging shall establish continuing	19710
education requirements for representatives of the office.	19711

Sec. 173.23. (A) Representatives of the office of the state	19712
long-term care ~~ombudsperson~~ombudsman program are immune from	19713
civil or criminal liability for any action taken in the good faith	19714
performance of their official duties under sections 173.14 to	19715
173.26 of the Revised Code.	19716

(B) A person acting in good faith is immune from civil or	19717
criminal liability incident to any of the following: providing	19718
information to the office, participating in registration of a	19719
complaint with the office, participating in investigation of a	19720
complaint by the office, or participating in an administrative or	19721
judicial proceeding resulting from a complaint.	19722

(C) No person shall knowingly register a false complaint with	19723
the office, or knowingly swear or affirm the truth of a false	19724
complaint previously registered, when the statement is made with	19725
purpose to incriminate another.	19726

(D) The attorney general shall provide legal counsel to the	19727
office of the state long-term care ~~ombudsperson~~ombudsman program	19728
and to the regional long-term care ~~ombudsperson~~ombudsman	19729
programs. The attorney general shall represent any representative	19730
of the office and any representative of a regional program against	19731
whom any legal action is brought in connection with the	19732
representative's official duties under sections 173.14 to 173.26	19733
of the Revised Code.	19734

Sec. 173.25. The office of the state long-term care	19735
~~ombudsperson~~ombudsman program shall, in carrying out the	19736
provisions and purposes of sections 173.14 to 173.26 of the	19737
Revised Code, advise, consult, and cooperate with any agency,	19738
program, or other entity related to the purposes of the office.	19739
Any agency, program, or other entity related to the purposes of	19740
the office shall advise, consult, and cooperate with the office.	19741

The office shall attempt to establish effective coordination	19742
with government-sponsored programs that provide legal services to	19743
the elderly and with protective and advocacy programs for	19744
individuals with developmental disabilities, mental retardation,	19745
or mental illness.	19746

Sec. 173.26. (A) Each of the following facilities shall	19747
annually pay to the department of aging six dollars for each bed	19748
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	19749
otherwise authorized to maintain during any part of the previous	19750
year:	19751

(1) Nursing homes,and residential care facilities, ~~and homes~~	19752
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	19753

(2) Facilities authorized to provide extended care services	19754
under Title XVIII of the "Social Security Act," 49 Stat. 620	19755
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19756
care hospital that provides medical and rehabilitative care to	19757
patients who require an average length of stay greater than	19758
twenty-five days and is classified by the centers for medicare and	19759
medicaid services as a long-term care hospital pursuant to 42	19760
C.F.R. 412.23(e);	19761

(3) County homes and district homes operated pursuant to	19762
Chapter 5155. of the Revised Code;	19763

(4) Residential facilities licensed under section ~~5119.22~~	19764
5119.34 of the Revised Code that provide accommodations,	19765
supervision, and personal care services for three to sixteen	19766
unrelated adults;	19767

(5) Facilities approved by the Veterans Administration under	19768
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	19769
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19770
the placement and care of veterans.	19771

The department shall, by rule adopted in accordance with	19772
Chapter 119. of the Revised Code, establish deadlines for payments	19773
required by this section. A facility that fails, within ninety	19774
days after the established deadline, to pay a payment required by	19775
this section shall be assessed at two times the original invoiced	19776
payment.	19777

(B) All money collected under this section shall be deposited	19778
in the state treasury to the credit of the office of the state	19779
long-term care ~~ombudsperson~~ombudsman program fund, which is	19780
hereby created. Money credited to the fund shall be used solely to	19781
pay the costs of operating the regional long-term care	19782
~~ombudsperson~~ombudsman programs.	19783

(C) The state long-term care ~~ombudsperson~~ombudsman and the	19784
regional programs may solicit and receive contributions to support	19785
the operation of the office or a regional program, except that no	19786
contribution shall be solicited or accepted that would interfere	19787
with the independence or objectivity of the office or program.	19788

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

19789

(1) "Applicant" means a person who is under final	19790
consideration for employment ~~with the office of the state~~	19791
~~long-term care ombudsperson program~~by a responsible party in a	19792
full-time, part-time, or temporary position that involves	19793
providing ~~ombudsperson~~ombudsman services to residents and	19794
recipients. "Applicant" includes a person who is under final	19795
consideration for employment as the state long-term care	19796
~~ombudsperson~~ombudsman or the head of a regional long-term care	19797
~~ombudsperson~~ombudsman program. "Applicant" does not include a	19798
person seeking to provide ~~ombudsperson~~ombudsman services to	19799
residents and recipients as a volunteer without receiving or	19800
expecting to receive any form of remuneration other than	19801
reimbursement for actual expenses.	19802

(2) "Criminal records check" has the same meaning as in	19803
section 109.572 of the Revised Code.	19804

(3) "Disqualifying offense" means any of the offenses listed	19805
or described in divisions (A)(3)(a) to (e) of section 109.572 of	19806
the Revised Code.	19807

(4) "Employee" means a person employed by ~~the office of the~~	19808
~~state long-term care ombudsperson program~~a responsible party in a	19809
full-time, part-time, or temporary position that involves	19810
providing ~~ombudsperson~~ombudsman services to residents and	19811
recipients. "Employee" includes the person employed as the state	19812
long-term care ~~ombudsperson~~ombudsman and a person employed as the	19813
head of a regional long-term care ~~ombudsperson~~ombudsman program.	19814
"Employee" does not include a person who provides ~~ombudsperson~~	19815
ombudsman services to residents and recipients as a volunteer	19816
without receiving or expecting to receive any form of remuneration	19817
other than reimbursement for actual expenses.	19818

(5) "Responsible ~~entity~~party" means the following:

19819

(a) In the case of an applicant who is under final	19820
consideration for employment as the state long-term care	19821
~~ombudsperson~~ombudsman or the person employed as the state	19822
long-term care ~~ombudsperson~~ombudsman, the director of aging;	19823

(b) In the case of any other applicant who is under final	19824
consideration for employment with the state long-term care	19825
ombudsman program or any other employee of the state long-term	19826
care ombudsman program, the state long-term care ~~ombudsperson or~~	19827
~~the ombudsperson's designee~~ombudsman;	19828

(c) In the case of an applicant who is under final	19829
consideration for employment with a regional long-term care	19830
ombudsman program (including as the head of the regional program)	19831
or an employee of a regional long-term care ombudsman program	19832
(including the head of a regional program), the regional long-term	19833
care ombudsman program.	19834

(B) ~~The office of the state long-term care ombudsperson~~	19835
~~program~~A responsible party may not employ an applicant or	19836
continue to employ an employee in a position that involves	19837
providing ~~ombudsperson~~ombudsman services to residents and	19838
recipients if any of the following apply:	19839

(1) A review of the databases listed in division (D) of this	19840
section reveals any of the following:	19841

(a) That the applicant or employee is included in one or more	19842
of the databases listed in divisions (D)(1) to (5) of this	19843
section;	19844

(b) That there is in the state nurse aide registry	19845
established under section 3721.32 of the Revised Code a statement	19846
detailing findings by the director of health that the applicant or	19847
employee neglected or abused a long-term care facility or	19848
residential care facility resident or misappropriated property of	19849
such a resident;	19850

(c) That the applicant or employee is included in one or more	19851
of the databases, if any, specified in rules adopted under this	19852
section and the rules prohibit the ~~office~~responsible party from	19853
employing an applicant or continuing to employ an employee	19854
included in such a database in a position that involves providing	19855
~~ombudsperson~~ombudsman services to residents and recipients.	19856

(2) After the applicant or employee is provided, pursuant to	19857
division (E)(2)(a) of this section, a copy of the form prescribed	19858
pursuant to division (C)(1) of section 109.572 of the Revised Code	19859
and the standard impression sheet prescribed pursuant to division	19860
(C)(2) of that section, the applicant or employee fails to	19861
complete the form or provide the applicant's or employee's	19862
fingerprint impressions on the standard impression sheet.	19863

(3) ~~Except as provided~~Unless the applicant or employee meets	19864
standards specified in rules adopted under this section, the	19865
applicant or employee is found by a criminal records check	19866
required by this section to have been convicted of, pleaded guilty	19867
to, or been found eligible for intervention in lieu of conviction	19868
for a disqualifying offense.	19869

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	19870
designee shall inform each applicant of both of the following at	19871
the time of the applicant's initial application for employment in	19872
a position that involves providing ~~ombudsperson~~ombudsman services	19873
to residents and recipients:	19874

(1) That a review of the databases listed in division (D) of	19875
this section will be conducted to determine whether the ~~office of~~	19876
~~the state long-term care ombudsperson program~~responsible party is	19877
prohibited by division (B)(1) of this section from employing the	19878
applicant in the position;	19879

(2) That, unless the database review reveals that the	19880
applicant may not be employed in the position, a criminal records	19881
check of the applicant will be conducted and the applicant is	19882
required to provide a set of the applicant's fingerprint	19883
impressions as part of the criminal records check.	19884

(D) As a condition of any applicant's being employed by ~~the~~	19885
~~office of the state long-term care ombudsperson program~~a	19886
responsible party in a position that involves providing	19887
~~ombudsperson~~ombudsman services to residents and recipients, the	19888
responsible ~~entity~~party or designee shall conduct a database	19889
review of the applicant in accordance with rules adopted under	19890
this section. If rules adopted under this section so require, the	19891
responsible ~~entity~~party or designee shall conduct a database	19892
review of an employee in accordance with the rules as a condition	19893
of the ~~office's~~responsible party continuing to employ the	19894
employee in a position that involves providing ~~ombudsperson~~	19895
ombudsman services to residents and recipients. A database review	19896
shall determine whether the applicant or employee is included in	19897
any of the following:	19898

(1) The excluded parties list system that is maintained by	19899
the United States general services administration pursuant to	19900
subpart 9.4 of the federal acquisition regulation and available at	19901
the federal web site known as the system for award management;	19902

(2) The list of excluded individuals and entities maintained	19903
by the office of inspector general in the United States department	19904
of health and human services pursuant to section 1128 of the	19905
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	19906
amended, and section 1156 of the "Social Security Act," 96 Stat.	19907
388 (1982), 42 U.S.C. 1320c-5, as amended;	19908

(3) The registry of MR/DD employees established under section	19909
5123.52 of the Revised Code;	19910

(4) The internet-based sex offender and child-victim offender	19911
database established under division (A)(11) of section 2950.13 of	19912
the Revised Code;	19913

(5) The internet-based database of inmates established under	19914
section 5120.66 of the Revised Code;	19915

(6) The state nurse aide registry established under section	19916
3721.32 of the Revised Code;	19917

(7) Any other database, if any, specified in rules adopted	19918
under this section.	19919

(E)(1) As a condition of any applicant's being employed by	19920
~~the office of the state long-term care ombudsperson program~~a	19921
responsible party in a position that involves providing	19922
~~ombudsperson~~ombudsman services to residents and recipients, the	19923
responsible ~~entity~~party or designee shall request that the	19924
superintendent of the bureau of criminal identification and	19925
investigation conduct a criminal records check of the applicant.	19926
If rules adopted under this section so require, the responsible	19927
~~entity~~party or designee shall request that the superintendent	19928
conduct a criminal records check of an employee at times specified	19929
in the rules as a condition of the ~~office's~~responsible party	19930
continuing to employ the employee in a position that involves	19931
providing ~~ombudsperson~~ombudsman services to residents and	19932
recipients. However, the responsible ~~entity~~party or designee is	19933
not required to request the criminal records check of the	19934
applicant or employee if the ~~office~~responsible party is	19935
prohibited by division (B)(1) of this section from employing the	19936
applicant or continuing to employ the employee in a position that	19937
involves providing ~~ombudsperson~~ombudsman services to residents	19938
and recipients. If an applicant or employee for whom a criminal	19939
records check request is required by this section does not present	19940
proof of having been a resident of this state for the five-year	19941
period immediately prior to the date the criminal records check is	19942
requested or provide evidence that within that five-year period	19943
the superintendent has requested information about the applicant	19944
or employee from the federal bureau of investigation in a criminal	19945
records check, the responsible ~~entity~~party or designee shall	19946
request that the superintendent obtain information from the	19947
federal bureau of investigation as part of the criminal records	19948
check. Even if an applicant or employee for whom a criminal	19949
records check request is required by this section presents proof	19950
of having been a resident of this state for the five-year period,	19951
the responsible ~~entity~~party or designee may request that the	19952
superintendent include information from the federal bureau of	19953
investigation in the criminal records check.	19954

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	19955
of the following:	19956

(a) Provide to each applicant and employee for whom a	19957
criminal records check request is required by this section a copy	19958
of the form prescribed pursuant to division (C)(1) of section	19959
109.572 of the Revised Code and a standard impression sheet	19960
prescribed pursuant to division (C)(2) of that section;	19961

(b) Obtain the completed form and standard impression sheet	19962
from the applicant or employee;	19963

(c) Forward the completed form and standard impression sheet	19964
to the superintendent.	19965

(3) ~~The office of the state long-term care ombudsperson~~	19966
~~program~~A responsible party shall pay to the bureau of criminal	19967
identification and investigation the fee prescribed pursuant to	19968
division (C)(3) of section 109.572 of the Revised Code for each	19969
criminal records check the responsible ~~entity~~party or the	19970
responsible party's designee requests under this section. The	19971
~~office~~responsible party may charge an applicant a fee not	19972
exceeding the amount the ~~office~~responsible party pays to the	19973
bureau under this section if the responsible ~~entity~~party or	19974
designee notifies the applicant at the time of initial application	19975
for employment of the amount of the fee.	19976

(F)(1) ~~The office of the state long-term care ombudsperson~~	19977
~~program~~A responsible party may employ conditionally an applicant	19978
for whom a criminal records check is required by this section	19979
prior to obtaining the results of the criminal records check if	19980
both of the ~~office~~following apply:	19981

(a) The responsible party is not prohibited by division	19982
(B)(1) of this section from employing the applicant in a position	19983
that involves providing ~~ombudsperson~~ombudsman services to	19984
residents and recipients ~~and the~~;	19985

(b) The responsible ~~entity~~party or designee requests the	19986
criminal records check in accordance with division (E) of this	19987
section not later than five business days after the applicant	19988
begins conditional employment.	19989

(2) ~~The office of the state long-term care ombudsperson~~	19990
~~program~~A responsible party shall terminate the employment of an	19991
applicant employed conditionally under division (F)(1) of this	19992
section if the results of the criminal records check, other than	19993
the results of any request for information from the federal bureau	19994
of investigation, are not obtained within the period ending sixty	19995
days after the date the request for the criminal records check is	19996
made. Regardless of when the results of the criminal records check	19997
are obtained, if the results indicate that the applicant has been	19998
convicted of, pleaded guilty to, or been found eligible for	19999
intervention in lieu of conviction for a disqualifying offense,	20000
the ~~office~~responsible party shall terminate the applicant's	20001
employment unless ~~circumstances~~the applicant meets standards	20002
specified in rules adopted under this section that permit the	20003
~~office~~responsible party to employ the applicant ~~exist~~ and the	20004
~~office~~responsible party chooses to employ the applicant.	20005
Termination of employment under this division shall be considered	20006
just cause for discharge for purposes of division (D)(2) of	20007
section 4141.29 of the Revised Code if the applicant makes any	20008
attempt to deceive the ~~office~~responsible party or designee about	20009
the applicant's criminal record.	20010

(G) The report of any criminal records check conducted	20011
pursuant to a request made under this section is not a public	20012
record for the purposes of section 149.43 of the Revised Code and	20013
shall not be made available to any person other than the	20014
following:	20015

(1) The applicant or employee who is the subject of the	20016
criminal records check or the applicant's or employee's	20017
representative;	20018

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	20019
~~representative~~designee;	20020

(3) ~~If the state long-term care ombudsperson designates the~~	20021
~~head or other employee of~~In the case of a criminal records check	20022
conducted for an applicant who is under final consideration for	20023
employment with a regional long-term care ~~ombudsperson~~ombudsman	20024
program ~~to request a criminal records check under this section~~	20025
(including as the head of the regional program) or an employee of	20026
a regional long-term care ombudsman program (including the head of	20027
a regional program), the state long-term care ombudsman or a	20028
representative of the office of the state long-term care	20029
~~ombudsperson~~ombudsman program who is responsible for monitoring	20030
the regional program's compliance with this section;	20031

(4) A court, hearing officer, or other necessary individual	20032
involved in a case dealing with any of the following:	20033

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

20034

(b) Employment or unemployment benefits of the applicant or	20035
employee;	20036

(c) A civil or criminal action regarding the medicaid program	20037
or a program the department of aging administers.	20038

(H) In a tort or other civil action for damages that is	20039
brought as the result of an injury, death, or loss to person or	20040
property caused by an applicant or employee who ~~the office of the~~	20041
~~state long-term care ombudsperson program~~a responsible party	20042
employs in a position that involves providing ~~ombudsperson~~	20043
ombudsman services to residents and recipients, all of the	20044
following shall apply:	20045

(1) If the ~~office~~responsible party employed the applicant or	20046
employee in good faith and reasonable reliance on the report of a	20047
criminal records check requested under this section, the ~~office~~	20048
responsible party shall not be found negligent solely because of	20049
its reliance on the report, even if the information in the report	20050
is determined later to have been incomplete or inaccurate.	20051

(2) If the ~~office~~responsible party employed the applicant in	20052
good faith on a conditional basis pursuant to division (F) of this	20053
section, the ~~office~~responsible party shall not be found	20054
negligent solely because it employed the applicant prior to	20055
receiving the report of a criminal records check requested under	20056
this section.	20057

(3) If the ~~office~~responsible party in good faith employed	20058
the applicant or employee ~~according to~~because the ~~personal~~	20059
~~character~~applicant or employee meets standards ~~established~~	20060
specified in rules adopted under this section, the ~~office~~	20061
responsible party shall not be found negligent solely because the	20062
applicant or employee has been convicted of, pleaded guilty to, or	20063
been found eligible for intervention in lieu of conviction for a	20064
disqualifying offense.	20065

(I) The state long-term care ombudsman may not act as the	20066
director of aging's designee for the purpose of this section. The	20067
head of a regional long-term care ombudsman program may not act as	20068
the regional program's designee for the purpose of this section if	20069
the head is the employee for whom a database review or criminal	20070
records check is being conducted.	20071

(J) The director of aging shall adopt rules in accordance	20072
with Chapter 119. of the Revised Code to implement this section.	20073

(1) The rules may do the following:

20074

(a) Require employees to undergo database reviews and	20075
criminal records checks under this section;	20076

(b) If the rules require employees to undergo database	20077
reviews and criminal records checks under this section, exempt one	20078
or more classes of employees from the requirements;	20079

(c) For the purpose of division (D)(7) of this section,	20080
specify other databases that are to be checked as part of a	20081
database review conducted under this section.	20082

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

20083

(a) The procedures for conducting database reviews under this	20084
section;	20085

(b) If the rules require employees to undergo database	20086
reviews and criminal records checks under this section, the times	20087
at which the database reviews and criminal records checks are to	20088
be conducted;	20089

(c) If the rules specify other databases to be checked as	20090
part of the database reviews, the circumstances under which ~~the~~	20091
~~office of the state long-term care ombudsperson program~~a	20092
responsible party is prohibited from employing an applicant or	20093
continuing to employ an employee who is found by a database review	20094
to be included in one or more of those databases;	20095

(d) ~~Circumstances under which the office of the state~~	20096
~~long-term care ombudsperson program may employ~~Standards that an	20097
applicant or employee ~~who~~must meet for a responsible party to be	20098
permitted to employ the applicant or continue to employ the	20099
employee in a position that involves providing ombudsman services	20100
to residents and recipients if the applicant or employee is found	20101
by a criminal records check required by this section to have been	20102
convicted of, pleaded guilty to, or been found eligible for	20103
intervention in lieu of conviction for a disqualifying offense	20104
~~but meets personal character standards~~.	20105

Sec. 173.28. (A)(1) As used in this division, "incident"	20106
means the occurrence of a violation with respect to a resident or	20107
recipient, as those terms are defined in section 173.14 of the	20108
Revised Code. A violation is a separate incident for each day it	20109
occurs and for each resident who is subject to it.	20110

In lieu of the fine that may be imposed under division (A) of	20111
section 173.99 of the Revised Code, the director of aging may,	20112
under Chapter 119. of the Revised Code, fine a long-term care	20113
provider or other entity, or a person employed by a long-term care	20114
provider or other entity, for a violation of division (C) of	20115
section 173.24 of the Revised Code. The fine shall not exceed one	20116
thousand dollars per incident.	20117

(2) In lieu of the fine that may be imposed under division	20118
(C) of section 173.99 of the Revised Code, the director may, under	20119
Chapter 119. of the Revised Code, fine a long-term care provider	20120
or other entity, or a person employed by a long-term care provider	20121
or other entity, for violating division (E) of section 173.19 of	20122
the Revised Code by denying a representative of the office of the	20123
state long-term care ~~ombudsperson~~ombudsman program the access	20124
required by that division. The fine shall not exceed five hundred	20125
dollars for each day the violation continued.	20126

(B) On request of the director, the attorney general shall	20127
bring and prosecute to judgment a civil action to collect any fine	20128
imposed under division (A)(1) or (2) of this section that remains	20129
unpaid thirty days after the violator's final appeal is exhausted.	20130

(C) All fines collected under this section shall be deposited	20131
into the state treasury to the credit of the state long-term care	20132
~~ombudsperson~~ombudsman program fund created under section 173.26	20133
of the Revised Code.	20134

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

20135

(1) "Applicant" means a person who is under final	20136
consideration for employment with a ~~community-based long-term care~~	20137
~~agency~~responsible party in a full-time, part-time, or temporary	20138
direct-care position ~~that involves providing direct care to an~~	20139
~~individual~~ or is referred to a ~~community-based long-term care~~	20140
~~agency~~responsible party by an employment service for such a	20141
position. "Applicant" does not include a person ~~who provides~~	20142
~~direct care to an individual~~being considered for a direct-care	20143
position as a volunteer ~~without receiving or expecting to receive~~	20144
~~any form of remuneration other than reimbursement for actual~~	20145
~~expenses~~.	20146

(2) "Area agency on aging" has the same meaning as in section	20147
173.14 of the Revised Code.	20148

(3) "Community-based long-term care services" means	20149
community-based long-term care services, as defined in section	20150
173.14 of the Revised Code, that are provided under a program the	20151
department of aging administers.	20152

(4) "Consumer" means an individual who receives	20153
community-based long-term care services.	20154

(5) "Criminal records check" has the same meaning as in	20155
section 109.572 of the Revised Code.	20156

(6) "Direct-care position" means an employment position in	20157
which an employee has either or both of the following:	20158

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

20159

(ii) Access to one or more consumers' personal property or	20160
records.	20161

(7) "Disqualifying offense" means any of the offenses listed	20162
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20163
the Revised Code.	20164

(8) "Employee" means a person employed by a ~~community-based~~	20165
~~long-term care agency~~responsible party in a full-time, part-time,	20166
or temporary direct-care position ~~that involves providing direct~~	20167
~~care to an individual~~ and a person who works in such a position	20168
due to being referred to a ~~community-based long-term care agency~~	20169
responsible party by an employment service. "Employee" does not	20170
include a person who ~~provides direct care to an individual~~works	20171
in a direct-care position as a volunteer ~~without receiving or~~	20172
~~expecting to receive any form of remuneration other than~~	20173
~~reimbursement for actual expenses~~.	20174

(9) "PASSPORT administrative agency" has the same meaning as	20175
in section 173.42 of the Revised Code.	20176

(10) "Provider" has the same meaning as in section 173.39 of	20177
the Revised Code.	20178

(11) "Responsible party" means the following:

20179

(a) An area agency on aging in the case of either of the	20180
following:	20181

(i) A person who is an applicant because the person is under	20182
final consideration for employment with the agency in a full-time,	20183
part-time, or temporary direct-care position or is referred to the	20184
agency by an employment service for such a position;	20185

(ii) A person who is an employee because the person is	20186
employed by the agency in a full-time, part-time, or temporary	20187
direct-care position or works in such a position due to being	20188
referred to the agency by an employment service.	20189

(b) A PASSPORT administrative agency in the case of either of	20190
the following:	20191

(i) A person who is an applicant because the person is under	20192
final consideration for employment with the agency in a full-time,	20193
part-time, or temporary direct-care position or is referred to the	20194
agency by an employment service for such a position;	20195

(ii) A person who is an employee because the person is	20196
employed by the agency in a full-time, part-time, or temporary	20197
direct-care position or works in such a position due to being	20198
referred to the agency by an employment service.	20199

20200

(i) A person who is an applicant because the person is under	20201
final consideration for employment with the provider in a	20202
full-time, part-time, or temporary direct-care position or is	20203
referred to the provider by an employment service for such a	20204
position;	20205

(ii) A person who is an employee because the person is	20206
employed by the provider in a full-time, part-time, or temporary	20207
direct-care position or works in such a position due to being	20208
referred to the provider by an employment service.	20209

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

20210

(i) A person who is an applicant because the person is under	20211
final consideration for employment with the subcontractor in a	20212
full-time, part-time, or temporary direct-care position or is	20213
referred to the subcontractor by an employment service for such a	20214
position;	20215

(ii) A person who is an employee because the person is	20216
employed by the subcontractor in a full-time, part-time, or	20217
temporary direct-care position or works in such a position due to	20218
being referred to the subcontractor by an employment service.	20219

(12) "Subcontractor" has the meaning specified in rules	20220
adopted under this section.	20221

(13) "Volunteer" means a person who serves in a direct-care	20222
position without receiving or expecting to receive any form of	20223
remuneration other than reimbursement for actual expenses.	20224

(14) "Waiver agency" has the same meaning as in section	20225
~~5111.033~~5164.342 of the Revised Code.	20226

(B) This section does not apply to any individual who is	20227
subject to a database review or criminal records check under	20228
section 3701.881 of the Revised Code or to any individual who is	20229
subject to a criminal records check under section 3721.121 of the	20230
Revised Code. If a ~~community-based long-term care agency~~provider	20231
or subcontractor also is a waiver agency, the ~~agency~~provider or	20232
subcontractor may provide for applicants and employees to undergo	20233
database reviews and criminal records checks in accordance with	20234
section ~~5111.033~~5164.342 of the Revised Code rather than this	20235
section.	20236

(C) No ~~community-based long-term care agency~~responsible	20237
party shall employ an applicant or continue to employ an employee	20238
in a direct-care position ~~that involves providing direct care to~~	20239
~~an individual~~ if any of the following apply:	20240

(1) A review of the databases listed in division (E) of this	20241
section reveals any of the following:	20242

(a) That the applicant or employee is included in one or more	20243
of the databases listed in divisions (E)(1) to (5) of this	20244
section;	20245

(b) That there is in the state nurse aide registry	20246
established under section 3721.32 of the Revised Code a statement	20247
detailing findings by the director of health that the applicant or	20248
employee neglected or abused a long-term care facility or	20249
residential care facility resident or misappropriated property of	20250
such a resident;	20251

(c) That the applicant or employee is included in one or more	20252
of the databases, if any, specified in rules adopted under this	20253
section and the rules prohibit the ~~agency~~responsible party from	20254
employing an applicant or continuing to employ an employee	20255
included in such a database in a direct-care position ~~that~~	20256
~~involves providing direct care to an individual~~.	20257

(2) After the applicant or employee is provided, pursuant to	20258
division (F)(2)(a) of this section, a copy of the form prescribed	20259
pursuant to division (C)(1) of section 109.572 of the Revised Code	20260
and the standard impression sheet prescribed pursuant to division	20261
(C)(2) of that section, the applicant or employee fails to	20262
complete the form or provide the applicant's or employee's	20263
fingerprint impressions on the standard impression sheet.	20264

(3) ~~Except as provided~~Unless the applicant or employee meets	20265
standards specified in rules adopted under this section, the	20266
applicant or employee is found by a criminal records check	20267
required by this section to have been convicted of, pleaded guilty	20268
to, or been found eligible for intervention in lieu of conviction	20269
for a disqualifying offense.	20270

(D) Except as provided by division (G) of this section, the	20271
chief administrator of a ~~community-based long-term care agency~~	20272
responsible party shall inform each applicant of both of the	20273
following at the time of the applicant's initial application for	20274
employment or referral to the ~~agency~~responsible party by an	20275
employment service for a direct-care position ~~that involves~~	20276
~~providing direct care to an individual~~:	20277

(1) That a review of the databases listed in division (E) of	20278
this section will be conducted to determine whether the ~~agency~~	20279
responsible party is prohibited by division (C)(1) of this section	20280
from employing the applicant in the direct-care position;	20281

(2) That, unless the database review reveals that the	20282
applicant may not be employed in the direct-care position, a	20283
criminal records check of the applicant will be conducted and the	20284
applicant is required to provide a set of the applicant's	20285
fingerprint impressions as part of the criminal records check.	20286

(E) As a condition of employing any applicant in a	20287
direct-care position ~~that involves providing direct care to an~~	20288
~~individual~~, the chief administrator of a ~~community-based long-term~~	20289
~~care agency~~responsible party shall conduct a database review of	20290
the applicant in accordance with rules adopted under this section.	20291
If rules adopted under this section so require, the chief	20292
administrator of a ~~community-based long-term care agency~~	20293
responsible party shall conduct a database review of an employee	20294
in accordance with the rules as a condition of continuing to	20295
employ the employee in a direct-care position ~~that involves~~	20296
~~providing direct care to an individual~~. However, a chief	20297
administrator is not required to conduct a database review of an	20298
applicant or employee if division (G) of this section applies. A	20299
database review shall determine whether the applicant or employee	20300
is included in any of the following:	20301

(1) The excluded parties list system that is maintained by	20302
the United States general services administration pursuant to	20303
subpart 9.4 of the federal acquisition regulation and available at	20304
the federal web site known as the system for award management;	20305

(2) The list of excluded individuals and entities maintained	20306
by the office of inspector general in the United States department	20307
of health and human services pursuant to ~~section 1128 of~~ the	20308
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	20309
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	20310
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	20311
~~amended~~;	20312

(3) The registry of MR/DD employees established under section	20313
5123.52 of the Revised Code;	20314

(4) The internet-based sex offender and child-victim offender	20315
database established under division (A)(11) of section 2950.13 of	20316
the Revised Code;	20317

(5) The internet-based database of inmates established under	20318
section 5120.66 of the Revised Code;	20319

(6) The state nurse aide registry established under section	20320
3721.32 of the Revised Code;	20321

(7) Any other database, if any, specified in rules adopted	20322
under this section.	20323

(F)(1) As a condition of employing any applicant in a	20324
direct-care position ~~that involves providing direct care to an~~	20325
~~individual~~, the chief administrator of a ~~community-based long-term~~	20326
~~care agency~~responsible party shall request that the	20327
superintendent of the bureau of criminal identification and	20328
investigation conduct a criminal records check of the applicant.	20329
If rules adopted under this section so require, the chief	20330
administrator of a ~~community-based long-term care agency~~	20331
responsible party shall request that the superintendent conduct a	20332
criminal records check of an employee at times specified in the	20333
rules as a condition of continuing to employ the employee in a	20334
direct-care position ~~that involves providing direct care to an~~	20335
~~individual~~. However, the chief administrator is not required to	20336
request the criminal records check of the applicant or employee if	20337
division (G) of this section applies or the ~~agency~~responsible	20338
party is prohibited by division (C)(1) of this section from	20339
employing the applicant or continuing to employ the employee in a	20340
direct-care position ~~that involves providing direct care to an~~	20341
~~individual~~. If an applicant or employee for whom a criminal	20342
records check request is required by this section does not present	20343
proof of having been a resident of this state for the five-year	20344
period immediately prior to the date the criminal records check is	20345
requested or provide evidence that within that five-year period	20346
the superintendent has requested information about the applicant	20347
or employee from the federal bureau of investigation in a criminal	20348
records check, the chief administrator shall request that the	20349
superintendent obtain information from the federal bureau of	20350
investigation as part of the criminal records check. Even if an	20351
applicant or employee for whom a criminal records check request is	20352
required by this section presents proof of having been a resident	20353
of this state for the five-year period, the chief administrator	20354
may request that the superintendent include information from the	20355
federal bureau of investigation in the criminal records check.	20356

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

20357

(a) Provide to each applicant and employee for whom a	20358
criminal records check request is required by this section a copy	20359
of the form prescribed pursuant to division (C)(1) of section	20360
109.572 of the Revised Code and a standard impression sheet	20361
prescribed pursuant to division (C)(2) of that section;	20362

(b) Obtain the completed form and standard impression sheet	20363
from the applicant or employee;	20364

(c) Forward the completed form and standard impression sheet	20365
to the superintendent.	20366

(3) A ~~community-based long-term care agency~~responsible party	20367
shall pay to the bureau of criminal identification and	20368
investigation the fee prescribed pursuant to division (C)(3) of	20369
section 109.572 of the Revised Code for each criminal records	20370
check the ~~agency~~responsible party requests under this section. An	20371
~~agency~~A responsible party may charge an applicant a fee not	20372
exceeding the amount the ~~agency~~responsible party pays to the	20373
bureau under this section if both of the following apply:	20374

(a) The ~~agency~~responsible party notifies the applicant at	20375
the time of initial application for employment of the amount of	20376
the fee and that, unless the fee is paid, the applicant will not	20377
be considered for employment.	20378

(b) The medicaid program ~~established under Chapter 5111. of~~	20379
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	20380
party for the fee it pays to the bureau under this section.	20381

(G) Divisions (D) to (F) of this section do not apply with	20382
regard to an applicant or employee if the applicant or employee is	20383
referred to a ~~community-based long-term agency~~responsible party	20384
by an employment service that supplies full-time, part-time, or	20385
temporary staff for direct-care positions ~~that involve providing~~	20386
~~direct care to an individual~~ and both of the following apply:	20387

(1) The chief administrator of the ~~agency~~responsible party	20388
receives from the employment service confirmation that a review of	20389
the databases listed in division (E) of this section was conducted	20390
of the applicant or employee.	20391

(2) The chief administrator of the ~~agency~~responsible party	20392
receives from the employment service, applicant, or employee a	20393
report of the results of a criminal records check of the applicant	20394
or employee that has been conducted by the superintendent within	20395
the one-year period immediately preceding the following:	20396

(a) In the case of an applicant, the date of the applicant's	20397
referral by the employment service to the ~~agency~~responsible	20398
party;	20399

(b) In the case of an employee, the date by which the ~~agency~~	20400
responsible party would otherwise have to request a criminal	20401
records check of the employee under division (F) of this section.	20402

(H)(1) A ~~community-based long-term care agency~~responsible	20403
party may employ conditionally an applicant for whom a criminal	20404
records check request is required by this section prior to	20405
obtaining the results of the criminal records check if the ~~agency~~	20406
responsible party is not prohibited by division (C)(1) of this	20407
section from employing the applicant in a direct-care position	20408
~~that involves providing direct care to an individual~~ and either of	20409
the following applies:	20410

(a) The chief administrator of the ~~agency~~responsible party	20411
requests the criminal records check in accordance with division	20412
(F) of this section not later than five business days after the	20413
applicant begins conditional employment.	20414

(b) The applicant is referred to the ~~agency~~responsible party	20415
by an employment service, the employment service or the applicant	20416
provides the chief administrator of the ~~agency~~responsible party a	20417
letter that is on the letterhead of the employment service, the	20418
letter is dated and signed by a supervisor or another designated	20419
official of the employment service, and the letter states all of	20420
the following:	20421

(i) That the employment service has requested the	20422
superintendent to conduct a criminal records check regarding the	20423
applicant;	20424

(ii) That the requested criminal records check is to include	20425
a determination of whether the applicant has been convicted of,	20426
pleaded guilty to, or been found eligible for intervention in lieu	20427
of conviction for a disqualifying offense;	20428

(iii) That the employment service has not received the	20429
results of the criminal records check as of the date set forth on	20430
the letter;	20431

(iv) That the employment service promptly will send a copy of	20432
the results of the criminal records check to the chief	20433
administrator of the ~~agency~~responsible party when the employment	20434
service receives the results.	20435

(2) If a ~~community-based long-term care agency~~responsible	20436
party employs an applicant conditionally pursuant to division	20437
(H)(1)(b) of this section, the employment service, on its receipt	20438
of the results of the criminal records check, promptly shall send	20439
a copy of the results to the chief administrator of the ~~agency~~	20440
responsible party.	20441

(3) A ~~community-based long-term care agency~~responsible party	20442
that employs an applicant conditionally pursuant to division	20443
(H)(1)(a) or (b) of this section shall terminate the applicant's	20444
employment if the results of the criminal records check, other	20445
than the results of any request for information from the federal	20446
bureau of investigation, are not obtained within the period ending	20447
sixty days after the date the request for the criminal records	20448
check is made. Regardless of when the results of the criminal	20449
records check are obtained, if the results indicate that the	20450
applicant has been convicted of, pleaded guilty to, or been found	20451
eligible for intervention in lieu of conviction for a	20452
disqualifying offense, the ~~agency~~responsible party shall	20453
terminate the applicant's employment unless ~~circumstances~~the	20454
applicant meets standards specified in rules adopted under this	20455
section that permit the ~~agency~~responsible party to employ the	20456
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	20457
the applicant. Termination of employment under this division shall	20458
be considered just cause for discharge for purposes of division	20459
(D)(2) of section 4141.29 of the Revised Code if the applicant	20460
makes any attempt to deceive the ~~agency~~responsible party about	20461
the applicant's criminal record.	20462

(I) The report of any criminal records check conducted	20463
pursuant to a request made under this section is not a public	20464
record for the purposes of section 149.43 of the Revised Code and	20465
shall not be made available to any person other than the	20466
following:	20467

(1) The applicant or employee who is the subject of the	20468
criminal records check or the applicant's or employee's	20469
representative;	20470

(2) The chief administrator of the ~~community-based long-term~~	20471
~~care agency~~responsible party requesting the criminal records	20472
check or the administrator's representative;	20473

(3) The administrator of any other facility, agency, or	20474
program that provides ~~direct care to individuals~~community-based	20475
long-term care services that is owned or operated by the same	20476
entity that owns or operates the ~~community-based long-term care~~	20477
~~agency~~responsible party that requested the criminal records	20478
check;	20479

(4) The employment service that requested the criminal	20480
records check;	20481

(5) The director of aging or a person authorized by the	20482
director to monitor a ~~community-based long-term care agency's~~	20483
responsible party's compliance with this section;	20484

(6) The medicaid director ~~of job and family services~~ and the	20485
staff of the department of ~~job and family services~~medicaid who	20486
are involved in the administration of the medicaid program if	20487
either of the following apply:	20488

(a) In the case of a criminal records check requested by a	20489
~~community-based long-term care agency~~provider or subcontractor,	20490
the ~~agency~~provider or subcontractor also is a waiver agency;	20491

(b) In the case of a criminal records check requested by an	20492
employment service, the employment service makes the request for	20493
an applicant or employee the employment service refers to a	20494
~~community-based long-term care agency~~provider or subcontractor	20495
that also is a waiver agency.	20496

(7) A court, hearing officer, or other necessary individual	20497
involved in a case dealing with any of the following:	20498

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

20499

(b) Employment or unemployment benefits of the applicant or	20500
employee;	20501

(c) A civil or criminal action regarding the medicaid program	20502
or a program the department of aging administers.	20503

(J) In a tort or other civil action for damages that is	20504
brought as the result of an injury, death, or loss to person or	20505
property caused by an applicant or employee who a ~~community-based~~	20506
~~long-term care agency~~responsible party employs in a direct-care	20507
position ~~that involves providing direct care to individuals~~, all	20508
of the following shall apply:	20509

(1) If the ~~agency~~responsible party employed the applicant or	20510
employee in good faith and reasonable reliance on the report of a	20511
criminal records check requested under this section, the ~~agency~~	20512
responsible party shall not be found negligent solely because of	20513
its reliance on the report, even if the information in the report	20514
is determined later to have been incomplete or inaccurate.	20515

(2) If the ~~agency~~responsible party employed the applicant in	20516
good faith on a conditional basis pursuant to division (H) of this	20517
section, the ~~agency~~responsible party shall not be found	20518
negligent solely because it employed the applicant prior to	20519
receiving the report of a criminal records check requested under	20520
this section.	20521

(3) If the ~~agency~~responsible party in good faith employed	20522
the applicant or employee ~~according to~~because the ~~personal~~	20523
~~character~~applicant or employee meets standards ~~established~~	20524
specified in rules adopted under this section, the ~~agency~~	20525
responsible party shall not be found negligent solely because the	20526
applicant or employee has been convicted of, pleaded guilty to, or	20527
been found eligible for intervention in lieu of conviction for a	20528
disqualifying offense.	20529

(K) The director of aging shall adopt rules in accordance	20530
with Chapter 119. of the Revised Code to implement this section.	20531

(1) The rules may do the following:

20532

(a) Require employees to undergo database reviews and	20533
criminal records checks under this section;	20534

(b) If the rules require employees to undergo database	20535
reviews and criminal records checks under this section, exempt one	20536
or more classes of employees from the requirements;	20537

(c) For the purpose of division (E)(7) of this section,	20538
specify other databases that are to be checked as part of a	20539
database review conducted under this section.	20540

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

20541

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

20542

(b) The procedures for conducting database reviews under this	20543
section;	20544

~~(b)~~(c) If the rules require employees to undergo database	20545
reviews and criminal records checks under this section, the times	20546
at which the database reviews and criminal records checks are to	20547
be conducted;	20548

~~(c)~~(d) If the rules specify other databases to be checked as	20549
part of the database reviews, the circumstances under which a	20550
~~community-based long-term care agency~~responsible party is	20551
prohibited from employing an applicant or continuing to employ an	20552
employee who is found by a database review to be included in one	20553
or more of those databases;	20554

~~(d) Circumstances under which a community-based long-term~~	20555
~~care agency may employ~~(e) Standards that an applicant or employee	20556
~~who~~must meet for a responsible party to be permitted to employ	20557
the applicant or continue to employ the employee in a direct-care	20558
position if the applicant or employee is found by a criminal	20559
records check required by this section to have been convicted of,	20560
pleaded guilty to, or been found eligible for intervention in lieu	20561
of conviction for a disqualifying offense ~~but meets personal~~	20562
~~character standards~~.	20563

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	20564
173.393 of the Revised Code:	20565

(1) "~~Community-based long-term care agency~~Provider" means a	20566
person or ~~government~~governmental entity that provides	20567
community-based long-term care services under a program the	20568
department of aging administers~~, regardless of whether the person~~	20569
~~or government entity is certified under section 173.391 or~~	20570
~~authorized to receive payment for the services from the department~~	20571
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	20572
~~long-term care agency~~Provider" includes a person or ~~government~~	20573
governmental entity that provides home and community-based	20574
services to older adults through the PASSPORT program ~~created~~	20575
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	20576

(2) "Community-based long-term care services" has the same	20577
meaning as in section 173.14 of the Revised Code.	20578

(B) Except as provided in section 173.392 of the Revised	20579
Code, the department of aging may not pay a ~~person or government~~	20580
~~entity~~provider for providing community-based long-term care	20581
services under a program the department administers unless the	20582
~~person or government entity~~provider is certified under section	20583
173.391 of the Revised Code and provides the services.	20584

Sec. 173.391. (A) The department of aging or its designee	20585
shall do all of the following in accordance with Chapter 119. of	20586
the Revised Code:	20587

(1) Certify a ~~person or government entity~~provider to provide	20588
community-based long-term care services under a program the	20589
department administers if the ~~person or government entity~~provider	20590
satisfies the requirements for certification established by rules	20591
adopted under division (B) of this section and pays the fee, if	20592
any, established by rules adopted under division (G) of this	20593
section;	20594

(2) When required to do so by rules adopted under division	20595
(B) of this section, take one or more of the following	20596
disciplinary actions against a ~~person or government entity~~	20597
provider certified under division (A)(1) of this section:	20598

(a) Issue a written warning;

20599

(b) Require the submission of a plan of correction or	20600
evidence of compliance with requirements identified by the	20601
department;	20602

20603

(d) Remove clients;

20604

(e) Impose a fiscal sanction such as a civil monetary penalty	20605
or an order that unearned funds be repaid;	20606

(f) Suspend the certification;

20607

(g) Revoke the certification;

20608

(h) Impose another sanction.

20609

(3) Except as provided in division (E) of this section, hold	20610
hearings when there is a dispute between the department or its	20611
designee and a ~~person or government entity~~provider concerning	20612
actions the department or its designee takes regarding a decision	20613
not to certify the ~~person or government entity~~provider under	20614
division (A)(1) of this section or a disciplinary action under	20615
divisions (A)(2)(e) to (h) of this section.	20616

(B) The director of aging shall adopt rules in accordance	20617
with Chapter 119. of the Revised Code establishing certification	20618
requirements and standards for determining which type of	20619
disciplinary action to take under division (A)(2) of this section	20620
in individual situations. The rules shall establish procedures for	20621
all of the following:	20622

(1) Ensuring that ~~community-based long-term care agencies~~	20623
providers comply with section ~~173.394~~173.38 of the Revised Code;	20624

(2) Evaluating the services provided by the ~~agencies~~	20625
providers to ensure that the services are provided in a quality	20626
manner advantageous to the individual receiving the services;	20627

(3) Determining when to take disciplinary action under	20628
division (A)(2) of this section and which disciplinary action to	20629
take;	20630

(4) Determining what constitutes another sanction for	20631
purposes of division (A)(2)(h) of this section.	20632

(C) The procedures established in rules adopted under	20633
division (B)(2) of this section shall require that all of the	20634
following be considered as part of an evaluation described in	20635
division (B)(2) of this section:	20636

(1) The ~~community-based long-term care agency's~~provider's	20637
experience and financial responsibility;	20638

(2) The ~~agency's~~provider's ability to comply with standards	20639
for the community-based long-term care services that the ~~agency~~	20640
provider provides under a program the department administers;	20641

(3) The ~~agency's~~provider's ability to meet the needs of the	20642
individuals served;	20643

(4) Any other factor the director considers relevant.

20644

(D) The rules adopted under division (B)(3) of this section	20645
shall specify that the reasons disciplinary action may be taken	20646
under division (A)(2) of this section include good cause,	20647
including misfeasance, malfeasance, nonfeasance, confirmed abuse	20648
or neglect, financial irresponsibility, or other conduct the	20649
director determines is injurious, or poses a threat, to the health	20650
or safety of individuals being served.	20651

(E) Subject to division (F) of this section, the department	20652
is not required to hold hearings under division (A)(3) of this	20653
section if any of the following conditions apply:	20654

(1) Rules adopted by the director of aging pursuant to this	20655
chapter require the ~~community-based long-term care agency~~provider	20656
to be a party to a provider agreement; hold a license,	20657
certificate, or permit; or maintain a certification, any of which	20658
is required or issued by a state or federal government entity	20659
other than the department of aging, and either of the following is	20660
the case:	20661

(a) The provider agreement has not been entered into or the	20662
license, certificate, permit, or certification has not been	20663
obtained or maintained.	20664

(b) The provider agreement, license, certificate, permit, or	20665
certification has been denied, revoked, not renewed, or suspended	20666
or has been otherwise restricted.	20667

(2) The ~~agency's~~provider's certification under this section	20668
has been denied, suspended, or revoked for any of the following	20669
reasons:	20670

(a) A ~~government~~governmental entity of this state, other	20671
than the department of aging, has terminated or refused to renew	20672
any of the following held by, or has denied any of the following	20673
sought by, a ~~community-based long-term care agency~~provider: a	20674
provider agreement, license, certificate, permit, or	20675
certification. Division (E)(2)(a) of this section applies	20676
regardless of whether the ~~agency~~provider has entered into a	20677
provider agreement in, or holds a license, certificate, permit, or	20678
certification issued by, another state.	20679

(b) The ~~agency~~provider or a principal owner or manager of	20680
the ~~agency~~provider who provides direct care has entered a guilty	20681
plea for, or has been convicted of, an offense materially related	20682
to the medicaid program.	20683

(c) The ~~agency~~provider or a principal owner or manager of	20684
the ~~agency~~provider who provides direct care has entered a guilty	20685
plea for, been convicted of, or been found eligible for	20686
intervention in lieu of conviction for an offense listed or	20687
described in divisions (A)(3)(a) to (e) of section 109.572 of the	20688
Revised Code, but only if ~~none of the personal character~~the	20689
provider, principal owner, or manager does not meet standards	20690
~~established~~specified by the director in rules adopted under	20691
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	20692

(d) The United States department of health and human services	20693
has taken adverse action against the ~~agency~~provider and that	20694
action impacts the ~~agency's~~provider's participation in the	20695
medicaid program.	20696

(e) The ~~agency~~provider has failed to enter into or renew a	20697
provider agreement with the PASSPORT administrative agency, as	20698
that term is defined in section 173.42 of the Revised Code, that	20699
administers programs on behalf of the department of aging in the	20700
region of the state in which the ~~agency~~provider is certified to	20701
provide services.	20702

(f) The ~~agency~~provider has not billed or otherwise submitted	20703
a claim to the department for payment under the medicaid program	20704
in at least two years.	20705

(g) The ~~agency~~provider denied or failed to provide the	20706
department or its designee access to the ~~agency's~~provider's	20707
facilities during the ~~agency's~~provider's normal business hours	20708
for purposes of conducting an audit or structural compliance	20709
review.	20710

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

20711

(i) The ~~agency~~provider has voluntarily relinquished its	20712
certification for any reason.	20713

(3) The ~~agency's~~provider's provider agreement with the	20714
department of ~~job and family services~~medicaid has been suspended	20715
under division (C) of section ~~5111.031~~5164.37 of the Revised	20716
Code.	20717

(4) The ~~agency's~~provider's provider agreement with the	20718
department of ~~job and family services~~medicaid is denied or	20719
revoked because the ~~agency~~provider or its owner, officer,	20720
authorized agent, associate, manager, or employee has been	20721
convicted of an offense that caused the provider agreement to be	20722
suspended under section ~~5111.031~~5164.37 of the Revised Code.	20723

(F) If the department does not hold hearings when any	20724
condition described in division (E) of this section applies, the	20725
department may send a notice to the ~~agency~~provider describing a	20726
decision not to certify the ~~agency~~provider under division (A)(1)	20727
of this section or the disciplinary action the department proposes	20728
to take under division (A)(2)(e) to (h) of this section. The	20729
notice shall be sent to the ~~agency's~~provider's address that is on	20730
record with the department and may be sent by regular mail.	20731

(G) The director of aging may adopt rules in accordance with	20732
Chapter 119. of the Revised Code establishing a fee to be charged	20733
by the department of aging or its designee for certification	20734
issued under this section.	20735

All fees collected by the department or its designee under	20736
this section shall be deposited in the state treasury to the	20737
credit of the provider certification fund, which is hereby	20738
created. Money credited to the fund shall be used to pay for	20739
community-based long-term care services, administrative costs	20740
associated with ~~community-based long-term care agency~~provider	20741
certification under this section, and administrative costs related	20742
to the publication of the Ohio long-term care consumer guide.	20743

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	20744
~~government entity~~provider for providing community-based long-term	20745
care services under a program the department administers, even	20746
though the ~~person or government entity~~provider is not certified	20747
under section 173.391 of the Revised Code, if all of the following	20748
are the case:	20749

(1) The ~~person or government entity~~provider has a contract	20750
with the department of aging or the department's designee to	20751
provide the services in accordance with the contract or has	20752
received a grant from the department or its designee to provide	20753
the services in accordance with a grant agreement;	20754

(2) The contract or grant agreement includes detailed	20755
conditions of participation for ~~providers of services under a~~	20756
~~program the department administers~~the provider and service	20757
standards that the ~~person or government entity~~provider is	20758
required to satisfy;	20759

(3) The ~~person or government entity~~provider complies with	20760
the contract or grant agreement;	20761

(4) The contract or grant is not for medicaid-funded	20762
services, other than services provided under the PACE program	20763
administered by the department of aging under section 173.50 of	20764
the Revised Code.	20765

(B) The director of aging shall adopt rules in accordance	20766
with Chapter 119. of the Revised Code governing both of the	20767
following:	20768

(1) Contracts and grant agreements between the department of	20769
aging or its designee and ~~persons and government entities~~	20770
~~regarding community-based long-term care services provided under a~~	20771
~~program the department administers~~providers;	20772

(2) The department's payment for community-based long-term	20773
care services under this section.	20774

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	20775
the Revised Code:	20776

(1) "Area agency on aging" means a public or private	20777
nonprofit entity designated under section 173.011 of the Revised	20778
Code to administer programs on behalf of the department of aging.	20779

(2) "Department of aging-administered medicaid waiver	20780
component" means each of the following:	20781

(a) The medicaid-funded component of the PASSPORT program	20782
created under section ~~173.40~~173.52 of the Revised Code;	20783

(b) The choices program created under section ~~173.403~~173.53	20784
of the Revised Code;	20785

(c) The medicaid-funded component of the assisted living	20786
program created under section ~~5111.89~~173.54 of the Revised Code;	20787

(d) Any other medicaid waiver component, as defined in	20788
section ~~5111.85~~5166.01 of the Revised Code, that the department	20789
of aging administers pursuant to an interagency agreement with the	20790
department of ~~job and family services~~medicaid under section	20791
~~5111.91~~5162.35 of the Revised Code.	20792

(3) "Home and community-based services covered by medicaid	20793
components the department of aging administers" means all of the	20794
following:	20795

(a) Medicaid waiver services available to a participant in a	20796
department of aging-administered medicaid waiver component;	20797

(b) The following medicaid state plan services available to a	20798
participant in a department of aging-administered medicaid waiver	20799
component as specified in rules adopted under section ~~5111.02~~	20800
5164.02 of the Revised Code:	20801

(i) Home health services;

20802

(ii) Private duty nursing services;

20803

(iii) Durable medical equipment;

20804

(iv) Services of a clinical nurse specialist;

20805

(v) Services of a certified nurse practitioner.

20806

20807

(4) "Long-term care consultation" or "consultation" means the	20808
consultation service made available by the department of aging or	20809
a program administrator through the long-term care consultation	20810
program established pursuant to this section.	20811

(5) ~~"Medicaid" means the medical assistance program~~	20812
~~established under Chapter 5111. of the Revised Code.~~	20813

~~(6)~~ "Nursing facility" has the same meaning as in section	20814
~~5111.20~~5165.01 of the Revised Code.	20815

~~(7)~~(6) "PACE program" means the component of the medicaid	20816
program the department of aging administers pursuant to section	20817
173.50 of the Revised Code.	20818

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	20819
contract with the department of aging to provide administrative	20820
services regarding the PASSPORT program.	20821

~~(9)~~(8) "Program administrator" means an area agency on aging	20822
or other entity under contract with the department of aging to	20823
administer the long-term care consultation program in a geographic	20824
region specified in the contract.	20825

~~(10)~~(9) "Representative" means a person acting on behalf of	20826
an individual specified in division (G) of this section. A	20827
representative may be a family member, attorney, hospital social	20828
worker, or any other person chosen to act on behalf of the	20829
individual.	20830

(B) The department of aging shall develop a long-term care	20831
consultation program whereby individuals or their representatives	20832
are provided with long-term care consultations and receive through	20833
these professional consultations information about options	20834
available to meet long-term care needs and information about	20835
factors to consider in making long-term care decisions. The	20836
long-term care consultations provided under the program may be	20837
provided at any appropriate time, as permitted or required under	20838
this section and the rules adopted under it, including either	20839
prior to or after the individual who is the subject of a	20840
consultation has been admitted to a nursing facility or granted	20841
assistance in receiving home and community-based services covered	20842
by medicaid components the department of aging administers.	20843

(C) The long-term care consultation program shall be	20844
administered by the department of aging, except that the	20845
department may have the program administered on a regional basis	20846
by one or more program administrators. The department and each	20847
program administrator shall administer the program in such a	20848
manner that all of the following are included:	20849

(1) Coordination and collaboration with respect to all	20850
available funding sources for long-term care services;	20851

(2) Assessments of individuals regarding their long-term care	20852
service needs;	20853

(3) Assessments of individuals regarding their on-going	20854
eligibility for long-term care services;	20855

(4) Procedures for assisting individuals in obtaining access	20856
to, and coordination of, health and supportive services, including	20857
department of aging-administered medicaid waiver components;	20858

(5) Priorities for using available resources efficiently and	20859
effectively.	20860

(D) The program's long-term care consultations shall be	20861
provided by individuals certified by the department under section	20862
173.422 of the Revised Code.	20863

(E) The information provided through a long-term care	20864
consultation shall be appropriate to the individual's needs and	20865
situation and shall address all of the following:	20866

(1) The availability of any long-term care options open to	20867
the individual;	20868

(2) Sources and methods of both public and private payment	20869
for long-term care services;	20870

(3) Factors to consider when choosing among the available	20871
programs, services, and benefits;	20872

(4) Opportunities and methods for maximizing independence and	20873
self-reliance, including support services provided by the	20874
individual's family, friends, and community.	20875

(F) An individual's long-term care consultation may include	20876
an assessment of the individual's functional capabilities. The	20877
consultation may incorporate portions of the determinations	20878
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	20879
and 5165.03 of the Revised Code and may be provided concurrently	20880
with the assessment required under section ~~5111.204~~173.546 or	20881
5165.04 of the Revised Code.	20882

(G)(1) Unless an exemption specified in division (I) of this	20883
section is applicable, each of the following shall be provided	20884
with a long-term care consultation:	20885

(a) An individual who applies or indicates an intention to	20886
apply for admission to a nursing facility, regardless of the	20887
source of payment to be used for the individual's care in a	20888
nursing facility;	20889

(b) An individual who requests a long-term care consultation;

20890

(c) An individual identified by the department or a program	20891
administrator as being likely to benefit from a long-term care	20892
consultation.	20893

(2) In addition to the individuals specified in division	20894
(G)(1) of this section, a long-term care consultation may be	20895
provided to a nursing facility resident regardless of the source	20896
of payment being used for the resident's care in the nursing	20897
facility.	20898

(H)(1) Except as provided in division (H)(2) or (3) of this	20899
section, a long-term care consultation provided pursuant to	20900
division (G) of this section shall be provided as follows:	20901

(a) If the individual for whom the consultation is being	20902
provided has applied for medicaid and the consultation is being	20903
provided concurrently with the assessment required under section	20904
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	20905
completed in accordance with the applicable time frames specified	20906
in that section for providing a level of care determination based	20907
on the assessment.	20908

(b) In all other cases, the consultation shall be provided	20909
not later than five calendar days after the department or program	20910
administrator receives notice of the reason for which the	20911
consultation is to be provided pursuant to division (G) of this	20912
section.	20913

(2) An individual or the individual's representative may	20914
request that a long-term care consultation be provided on a date	20915
that is later than the date required under division (H)(1)(a) or	20916
(b) of this section.	20917

(3) If a long-term care consultation cannot be completed	20918
within the number of days required by division (H)(1) or (2) of	20919
this section, the department or program administrator may do any	20920
of the following:	20921

(a) In the case of an individual specified in division (G)(1)	20922
of this section, exempt the individual from the consultation	20923
pursuant to rules that may be adopted under division (L) of this	20924
section;	20925

(b) In the case of an applicant for admission to a nursing	20926
facility, provide the consultation after the individual is	20927
admitted to the nursing facility;	20928

(c) In the case of a resident of a nursing facility, provide	20929
the consultation as soon as practicable.	20930

(I) An individual is not required to be provided a long-term	20931
care consultation under division (G)(1) of this section if any of	20932
the following apply:	20933

(1) The department or program administrator has attempted to	20934
provide the consultation, but the individual or the individual's	20935
representative refuses to cooperate;	20936

(2) The individual is to receive care in a nursing facility	20937
under a contract for continuing care as defined in section 173.13	20938
of the Revised Code;	20939

(3) The individual has a contractual right to admission to a	20940
nursing facility operated as part of a system of continuing care	20941
in conjunction with one or more facilities that provide a less	20942
intensive level of services, including a residential care facility	20943
licensed under Chapter 3721. of the Revised Code, a residential	20944
facility licensed under section ~~5119.22~~5119.34 of the Revised	20945
Code that provides accommodations, supervision, and personal care	20946
services for three to sixteen unrelated adults, or an independent	20947
living arrangement;	20948

(4) The individual is to receive continual care in a home for	20949
the aged exempt from taxation under section 5701.13 of the Revised	20950
Code;	20951

(5) The individual is seeking admission to a facility that is	20952
not a nursing facility with a provider agreement under section	20953
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	20954
Revised Code;	20955

(6) The individual is exempted from the long-term care	20956
consultation requirement by the department or the program	20957
administrator pursuant to rules that may be adopted under division	20958
(L) of this section.	20959

(J) As part of the long-term care consultation program, the	20960
department or program administrator shall assist an individual or	20961
individual's representative in accessing all sources of care and	20962
services that are appropriate for the individual and for which the	20963
individual is eligible, including all available home and	20964
community-based services covered by medicaid components the	20965
department of aging administers. The assistance shall include	20966
providing for the conduct of assessments or other evaluations and	20967
the development of individualized plans of care or services under	20968
section 173.424 of the Revised Code.	20969

(K) No nursing facility for which an operator has a provider	20970
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	20971
~~5111.672~~5165.512 of the Revised Code shall admit any individual	20972
as a resident, unless the nursing facility has received evidence	20973
that a long-term care consultation has been completed for the	20974
individual or division (I) of this section is applicable to the	20975
individual.	20976

(L) The director of aging may adopt any rules the director	20977
considers necessary for the implementation and administration of	20978
this section. The rules shall be adopted in accordance with	20979
Chapter 119. of the Revised Code and may specify any or all of the	20980
following:	20981

(1) Procedures for providing long-term care consultations	20982
pursuant to this section;	20983

(2) Information to be provided through long-term care	20984
consultations regarding long-term care services that are	20985
available;	20986

(3) Criteria and procedures to be used to identify and	20987
recommend appropriate service options for an individual receiving	20988
a long-term care consultation;	20989

(4) Criteria for exempting individuals from the long-term	20990
care consultation requirement;	20991

(5) Circumstances under which it may be appropriate to	20992
provide an individual's long-term care consultation after the	20993
individual's admission to a nursing facility rather than before	20994
admission;	20995

(6) Criteria for identifying nursing facility residents who	20996
would benefit from the provision of a long-term care consultation;	20997

(7) A description of the types of information from a nursing	20998
facility that is needed under the long-term care consultation	20999
program to assist a resident with relocation from the facility;	21000

(8) Standards to prevent conflicts of interest relative to	21001
the referrals made by a person who performs a long-term care	21002
consultation, including standards that prohibit the person from	21003
being employed by a provider of long-term care services;	21004

(9) Procedures for providing notice and an opportunity for a	21005
hearing under division (N) of this section.	21006

(M) To assist the department and each program administrator	21007
with identifying individuals who are likely to benefit from a	21008
long-term care consultation, the department and program	21009
administrator may ask to be given access to nursing facility	21010
resident assessment data collected through the use of the resident	21011
assessment instrument specified in rules ~~adopted under~~authorized	21012
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	21013
the medicaid program. Except when prohibited by state or federal	21014
law, the department of health, department of ~~job and family~~	21015
~~services~~medicaid, or nursing facility holding the data shall	21016
grant access to the data on receipt of the request from the	21017
department of aging or program administrator.	21018

(N)(1) The director of aging, after providing notice and an	21019
opportunity for a hearing, may fine a nursing facility an amount	21020
determined by rules the director shall adopt in accordance with	21021
Chapter 119. of the Revised Code for any of the following reasons:	21022

(a) The nursing facility admits an individual, without	21023
evidence that a long-term care consultation has been provided, as	21024
required by this section;	21025

(b) The nursing facility denies a person attempting to	21026
provide a long-term care consultation access to the facility or a	21027
resident of the facility;	21028

(c) The nursing facility denies the department of aging or	21029
program administrator access to the facility or a resident of the	21030
facility, as the department or administrator considers necessary	21031
to administer the program.	21032

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	21033
Code, all fines collected under division (N)(1) of this section	21034
shall be deposited into the state treasury to the credit of the	21035
residents protection fund.	21036

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	21037
~~Code, the~~The department of aging shall enter into an interagency	21038
agreement with the department of ~~job and family services~~medicaid	21039
under section ~~5111.91~~5162.35 of the Revised Code under which the	21040
department of aging is required to establish for each biennium a	21041
unified long-term care budget for home and community-based	21042
services covered by medicaid components the department of aging	21043
administers. The interagency agreement shall require the	21044
department of aging to do all of the following:	21045

(1) Administer the unified long-term care budget in	21046
accordance with sections 173.43 to 173.434 of the Revised Code and	21047
the general assembly's appropriations for home and community-based	21048
services covered by medicaid components the department of aging	21049
administers for the applicable biennium;	21050

(2) Contract with each PASSPORT administrative agency for	21051
assistance in the administration of the unified long-term care	21052
budget;	21053

(3) Provide individuals who are eligible for home and	21054
community-based services covered by medicaid components the	21055
department of aging administers a choice of services that meet the	21056
individuals' needs and improve their quality of life;	21057

(4) Provide a continuum of services that meet the life-long	21058
needs of individuals who are eligible for home and community-based	21059
services covered by medicaid components the department of aging	21060
administers.	21061

(B) The director of budget and management shall create new	21062
appropriation items as necessary for establishment of the unified	21063
long-term care budget.	21064

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	21065
~~Code, the~~The department of aging shall ensure that the unified	21066
long-term care budget established under section 173.43 of the	21067
Revised Code is administered in a manner that provides medicaid	21068
coverage of and expands access to all of the following as	21069
necessary to meet the needs of individuals receiving home and	21070
community-based services covered by medicaid components the	21071
department of aging administers:	21072

(A) To the extent permitted by the medicaid waivers	21073
authorizing department of aging-administered medicaid waiver	21074
components, all of the following medicaid waiver services provided	21075
under department of aging-administered medicaid waiver components:	21076

(1) Personal care services;

21077

(2) Home-delivered meals;

21078

(3) Adult day-care;

21079

(4) Homemaker services;

21080

(5) Emergency response services;

21081

(6) Medical equipment and supplies;

21082

(7) Chore services;

21083

(8) Social work counseling;

21084

(9) Nutritional counseling;

21085

(10) Independent living assistance;

21086

(11) Medical transportation;

21087

(12) Nonmedical transportation;

21088

(13) Home care attendant services;

21089

(14) Assisted living services;

21090

(15) Community transition services;

21091

(16) Enhanced community living services;

21092

(17) All other medicaid waiver services provided under	21093
department of aging-administered medicaid waiver components.	21094

(B) All of the following state medicaid plan services as	21095
specified in rules adopted under section ~~5111.02~~5164.02 of the	21096
Revised Code:	21097

(1) Home health services;

21098

(2) Private duty nursing services;

21099

(3) Durable medical equipment;

21100

(4) Services of a clinical nurse specialist;

21101

(5) Services of a certified nurse practitioner.

21102

21103

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	21104
~~the~~The department of aging or its designee shall provide care	21105
management and authorization services with regard to the state	21106
plan services specified in division (B) of section 173.431 of the	21107
Revised Code that are provided to participants of department of	21108
aging-administered medicaid waiver components. The department or	21109
its designee shall ensure that no person providing the care	21110
management and authorization services performs an activity that	21111
may not be performed without a valid certificate or license issued	21112
by an agency of this state unless the person holds the valid	21113
certificate or license.	21114

Sec. 173.434. ~~The director of job and family services shall~~	21115
~~adopt~~To the extent authorized by rules ~~under~~authorized by	21116
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	21117
director of aging toshall adopt rules that are needed to	21118
implement sections 173.43 to 173.432 of the Revised Code. The	21119
~~director of aging's~~ rules shall be adopted in accordance with	21120
Chapter 119. of the Revised Code.	21121

Sec. 173.45. As used in this section and in sections 173.46	21122
to 173.49 of the Revised Code:	21123

(A) "Residential facility" means a residential facility	21124
licensed under section ~~5119.22~~5119.34 of the Revised Code that	21125
provides accommodations, supervision, and personal care services	21126
for three to sixteen unrelated adults.	21127

(B) "Community-based long-term care services" has the same	21128
meaning as in section 173.14 of the Revised Code.	21129

(C) "Long-term care facility" means a nursing home or	21130
residential care facility.	21131

(D) "Nursing home" and "residential care facility" have the	21132
same meanings as in section 3721.01 of the Revised Code.	21133

(E) "Nursing facility" has the same meaning as in section	21134
~~5111.20~~5165.01 of the Revised Code.	21135

Sec. 173.47. (A) For purposes of publishing the Ohio	21136
long-term care consumer guide, the department of aging shall	21137
conduct or provide for the conduct of an annual customer	21138
satisfaction survey of each long-term care facility. The results	21139
of the surveys may include information obtained from long-term	21140
care facility residents, their families, or both. A survey that is	21141
to include information obtained from nursing facility residents	21142
shall include the questions specified in divisions (C)(7)(a) and	21143
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	21144
the Revised Code. A survey that is to include information obtained	21145
from the families of nursing facility residents shall include the	21146
questions specified in divisions (C)(8)(a) and (b) and (19) and	21147
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	21148

(B) Each long-term care facility shall cooperate in the	21149
conduct of its annual customer satisfaction survey.	21150

Sec. 173.48. (A)(1) The department of aging may charge annual	21151
fees to long-term care facilities for the publication of the Ohio	21152
long-term care consumer guide. The department may contract with	21153
any person or government entity to collect the fees on its behalf.	21154
All fees collected under this section shall be deposited in	21155
accordance with division (B) of this section.	21156

(2) The annual fees charged under this section shall not	21157
exceed the following amounts:	21158

(a) Six hundred fifty dollars for each long-term care	21159
facility that is a nursing home;	21160

(b) Three hundred dollars for each long-term care facility	21161
that is a residential care facility.	21162

(3) Fees paid by a long-term care facility that is a nursing	21163
facility shall be reimbursed through the medicaid program ~~operated~~	21164
~~under Chapter 5111. of the Revised Code~~.	21165

(B) There is hereby created in the state treasury the	21166
long-term care consumer guide fund. Money collected from the fees	21167
charged for the publication of the Ohio long-term care consumer	21168
guide under division (A) of this section shall be credited to the	21169
fund. The department shall use money in the fund for costs	21170
associated with publishing the Ohio long-term care consumer guide,	21171
including, but not limited to, costs incurred in conducting or	21172
providing for the conduct of customer satisfaction surveys.	21173

Sec. 173.50. (A) Pursuant to a contract entered into with the	21174
department of ~~job and family services~~medicaid as an interagency	21175
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	21176
department of aging shall carry out the day-to-day administration	21177
of the component of the medicaid program ~~established under Chapter~~	21178
~~5111. of the Revised Code~~ known as the program of all-inclusive	21179
care for the elderly or PACE. The department of aging shall carry	21180
out its PACE administrative duties in accordance with the	21181
provisions of the interagency agreement and all applicable federal	21182
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	21183
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	21184

(B) ~~The department~~To the extent authorized by rules	21185
authorized by section 5162.021 of the Revised Code, the director	21186
of aging may adopt rules in accordance with Chapter 119. of the	21187
Revised Code regarding the PACE program, including rules	21188
establishing priorities for enrolling in the program pursuant to	21189
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	21190
~~subject to both of the following:~~	21191

~~(1) The rules shall be authorized by rules adopted by the~~	21192
~~department of job and family services.~~	21193

~~(2) The rules~~ shall address only those issues that are not	21194
addressed in rules adopted by the ~~department of job and family~~	21195
~~services~~medicaid director for the PACE program.	21196

Sec. 173.501. (A) As used in this section:

21197

"Nursing facility" has the same meaning as in section ~~5111.20~~	21198
5165.01 of the Revised Code.	21199

"PACE provider" has the same meaning as in the "Social	21200
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	21201

(B) The department of aging shall establish a home first	21202
component of the PACE program under which eligible individuals may	21203
be enrolled in the PACE program in accordance with this section.	21204
An individual is eligible for the PACE program's home first	21205
component if both of the following apply:	21206

(1) The individual has been determined to be eligible for the	21207
PACE program.	21208

(2) At least one of the following applies:

21209

(a) The individual has been admitted to a nursing facility.

21210

(b) A physician has determined and documented in writing that	21211
the individual has a medical condition that, unless the individual	21212
is enrolled in home and community-based services such as the PACE	21213
program, will require the individual to be admitted to a nursing	21214
facility within thirty days of the physician's determination.	21215

(c) The individual has been hospitalized and a physician has	21216
determined and documented in writing that, unless the individual	21217
is enrolled in home and community-based services such as the PACE	21218
program, the individual is to be transported directly from the	21219
hospital to a nursing facility and admitted.	21220

(d) Both of the following apply:

21221

(i) The individual is the subject of a report made under	21222
section 5101.61 of the Revised Code regarding abuse, neglect, or	21223
exploitation or such a report referred to a county department of	21224
job and family services under section 5126.31 of the Revised Code	21225
or has made a request to a county department for protective	21226
services as defined in section 5101.60 of the Revised Code.	21227

(ii) A county department of job and family services and an	21228
area agency on aging have jointly documented in writing that,	21229
unless the individual is enrolled in home and community-based	21230
services such as the PACE program, the individual should be	21231
admitted to a nursing facility.	21232

(C) Each month, the department of aging shall identify	21233
individuals who are eligible for the home first component of the	21234
PACE program. When the department identifies such an individual,	21235
the department shall notify the PACE provider serving the area in	21236
which the individual resides. The PACE provider shall determine	21237
whether the PACE program is appropriate for the individual and	21238
whether the individual would rather participate in the PACE	21239
program than continue or begin to reside in a nursing facility. If	21240
the PACE provider determines that the PACE program is appropriate	21241
for the individual and the individual would rather participate in	21242
the PACE program than continue or begin to reside in a nursing	21243
facility, the PACE provider shall so notify the department of	21244
aging. On receipt of the notice from the PACE provider, the	21245
department of aging shall approve the individual's enrollment in	21246
the PACE program in accordance with priorities established in	21247
rules adopted under section 173.50 of the Revised Code.	21248

Sec. 173.51. As used in sections 173.51 to 173.56 of the	21249
Revised Code:	21250

"Area agency on aging" has the same meaning as in section	21251
173.14 of the Revised Code.	21252

"Assisted living program" means the program that consists of	21253
a medicaid-funded component created under section 173.54 of the	21254
Revised Code and a state-funded component created under section	21255
173.543 of the Revised Code and provides assisted living services	21256
to individuals who meet the program's applicable eligibility	21257
requirements.	21258

"Assisted living services" means the following home and	21259
community-based services: personal care, homemaker, chore,	21260
attendant care, companion, medication oversight, and therapeutic	21261
social and recreational programming.	21262

"Assisted living waiver" means the federal medicaid waiver	21263
granted by the United States secretary of health and human	21264
services that authorizes the medicaid-funded component of the	21265
assisted living program.	21266

"Choices program" means the program created under section	21267
173.53 of the Revised Code.	21268

"County or district home" means a county or district home	21269
operated under Chapter 5155. of the Revised Code.	21270

"Long-term care consultation program" means the program the	21271
department of aging is required to develop under section 173.42 of	21272
the Revised Code.	21273

"Long-term care consultation program administrator" or	21274
"administrator" means the department of aging or, if the	21275
department contracts with an area agency on aging or other entity	21276
to administer the long-term care consultation program for a	21277
particular area, that agency or entity.	21278

"Medicaid waiver component" has the same meaning as in	21279
section 5166.01 of the Revised Code.	21280

"Nursing facility" has the same meaning as in section 5165.01	21281
of the Revised Code.	21282

"PASSPORT administrative agency" has the same meaning as in	21283
section 173.42 of the Revised Code.	21284

"PASSPORT program" means the preadmission screening system	21285
providing options and resources today program (PASSPORT) that	21286
consists of a medicaid-funded component created under section	21287
173.52 of the Revised Code and a state-funded component created	21288
under section 173.522 of the Revised Code and provides home and	21289
community-based services as an alternative to nursing facility	21290
placement for individuals who are aged and disabled and meet the	21291
program's applicable eligibility requirements.	21292

"PASSPORT region" means a group of contiguous counties served	21293
by an individual PASSPORT administrative agency.	21294

"PASSPORT waiver" means the federal medicaid waiver granted	21295
by the United States secretary of health and human services that	21296
authorizes the medicaid-funded component of the PASSPORT program.	21297

"Representative" means a person acting on behalf of an	21298
applicant for the medicaid-funded component or state-funded	21299
component of the assisted living program. A representative may be	21300
a family member, attorney, hospital social worker, or any other	21301
person chosen to act on behalf of an applicant.	21302

"Residential care facility" has the same meaning as in	21303
section 3721.01 of the Revised Code.	21304

"Unified long-term services and support medicaid waiver	21305
component" means the medicaid waiver component authorized by	21306
section 5166.14 of the Revised Code.	21307

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	21308
~~173.402 of the Revised Code:~~	21309

~~"Medicaid waiver component" has the same meaning as in~~	21310
~~section 5111.85 of the Revised Code.~~	21311

~~"PASSPORT program" means the program created under this~~	21312
~~section.~~	21313

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	21314
~~by the United States secretary of health and human services that~~	21315
~~authorizes the medicaid-funded component of the PASSPORT program.~~	21316

~~"Unified long-term services and support medicaid waiver~~	21317
~~component" means the medicaid waiver component authorized by~~	21318
~~section 5111.864 of the Revised Code.~~	21319

~~(B) There is hereby created~~The department of medicaid shall	21320
create the medicaid-funded component of the ~~preadmission screening~~	21321
~~system providing options and resources today program, or~~ PASSPORT	21322
program. ~~The PASSPORT program shall provide home and~~	21323
~~community-based services as an alternative to nursing facility~~	21324
~~placement for individuals who are aged and disabled and meet the~~	21325
~~program's applicable eligibility requirements. Subject to division~~	21326
~~(C) of this section, the program shall have a medicaid-funded~~	21327
~~component and a state-funded component.~~In creating the	21328
medicaid-funded component, the department of medicaid shall	21329
collaborate with the department of aging.	21330

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21331
PASSPORT program is terminated under division (C)~~(2)~~ of this	21332
section, all of the following apply:	21333

~~(a)~~(1) The department of aging shall administer the	21334
medicaid-funded component through a contract entered into with the	21335
department of ~~job and family services~~medicaid under section	21336
~~5111.91~~5162.35 of the Revised Code.	21337

~~(b)~~(2) The medicaid-funded component shall be operated as a	21338
separate medicaid waiver component.	21339

~~(c)~~(3) For an individual to be eligible for the	21340
medicaid-funded component, the individual must be a medicaid	21341
recipient and meet the additional eligibility requirements	21342
applicable to the individual established in rules adopted under	21343
division ~~(C)(1)(d)~~(B)(4) of this section.	21344

~~(d) The director of job and family services shall adopt~~(4)	21345
To the extent authorized by rules ~~under~~authorization by section	21346
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	21347
shall adopt rules in accordance with Chapter 119. of the Revised	21348
Code to implement the medicaid-funded component.	21349

~~(2)~~(C) If the unified long-term services and support medicaid	21350
waiver component is created, the departments of aging and ~~job and~~	21351
~~family services~~medicaid shall work together to determine whether	21352
the medicaid-funded component of the PASSPORT program should	21353
continue to operate as a separate medicaid waiver component or be	21354
terminated. If the departments determine that the medicaid-funded	21355
component of the PASSPORT program should be terminated, the	21356
medicaid-funded component shall cease to exist on a date the	21357
departments shall specify.	21358

~~(D)(1) The department of aging shall administer the~~	21359
~~state-funded component of the PASSPORT program. The state-funded~~	21360
~~component shall not be administered as part of the medicaid~~	21361
~~program.~~	21362

~~(2) For an individual to be eligible for the state-funded~~	21363
~~component, the individual must meet one of the following~~	21364
~~requirements and meet the additional eligibility requirements~~	21365
~~applicable to the individual established in rules adopted under~~	21366
~~division (D)(4) of this section:~~	21367

~~(a) The individual must have been enrolled in the~~	21368
~~state-funded component on September 1, 1991, (as the state-funded~~	21369
~~component was authorized by uncodified law in effect at that time)~~	21370
~~and have had one or more applications for enrollment in the~~	21371
~~medicaid-funded component (or, if the medicaid-funded component is~~	21372
~~terminated under division (C)(2) of this section, the unified~~	21373
~~long-term services and support medicaid waiver component) denied.~~	21374

~~(b) The individual must have had the individual's enrollment~~	21375
~~in the medicaid-funded component (or, if the medicaid-funded~~	21376
~~component is terminated under division (C)(2) of this section, the~~	21377
~~unified long-term services and support medicaid waiver component)~~	21378
~~terminated and the individual must still need the home and~~	21379
~~community-based services provided under the PASSPORT program to~~	21380
~~protect the individual's health and safety.~~	21381

~~(c) The individual must have an application for the~~	21382
~~medicaid-funded component (or, if the medicaid-funded component is~~	21383
~~terminated under division (C)(2) of this section, the unified~~	21384
~~long-term services and support medicaid waiver component) pending~~	21385
~~and the department or the department's designee must have~~	21386
~~determined that the individual meets the nonfinancial eligibility~~	21387
~~requirements of the medicaid-funded component (or, if the~~	21388
~~medicaid-funded component is terminated under division (C)(2) of~~	21389
~~this section, the unified long-term services and support medicaid~~	21390
~~waiver component) and not have reason to doubt that the individual~~	21391
~~meets the financial eligibility requirements of the~~	21392
~~medicaid-funded component (or, if the medicaid-funded component is~~	21393
~~terminated under division (C)(2) of this section, the unified~~	21394
~~long-term services and support medicaid waiver component).~~	21395

~~(3) An individual who is eligible for the state-funded~~	21396
~~component because the individual meets the requirement of division~~	21397
~~(D)(2)(c) of this section may participate in the component on that~~	21398
~~basis for not more than ninety days.~~	21399

~~(4) The director of aging shall adopt rules in accordance~~	21400
~~with section 111.15 of the Revised Code to implement the~~	21401
~~state-funded component. The additional eligibility requirements~~	21402
~~established in the rules may vary for the different groups of~~	21403
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	21404
~~section.~~	21405

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

21406

~~"Area agency on aging" has the same meaning as in section~~	21407
~~173.14 of the Revised Code.~~	21408

~~"Long-term care consultation program" means the program the~~	21409
~~department of aging is required to develop under section 173.42 of~~	21410
~~the Revised Code.~~	21411

~~"Long-term care consultation program administrator" or~~	21412
~~"administrator" means the department of aging or, if the~~	21413
~~department contracts with an area agency on aging or other entity~~	21414
~~to administer the long-term care consultation program for a~~	21415
~~particular area, that agency or entity.~~	21416

~~"Nursing facility" has the same meaning as in section 5111.20~~	21417
~~of the Revised Code.~~	21418

~~(B) Subject~~Unless the medicaid-funded component of the	21419
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	21420
section ~~173.40~~173.52 of the Revised Code, the department shall	21421
establish a home first component of the PASSPORT program under	21422
which eligible individuals may be enrolled in the medicaid-funded	21423
component of the PASSPORT program in accordance with this section.	21424
An individual is eligible for the PASSPORT program's home first	21425
component if both of the following apply:	21426

(1) The individual has been determined to be eligible for the	21427
medicaid-funded component of the PASSPORT program.	21428

(2) At least one of the following applies:

21429

(a) The individual has been admitted to a nursing facility.

21430

(b) A physician has determined and documented in writing that	21431
the individual has a medical condition that, unless the individual	21432
is enrolled in home and community-based services such as the	21433
PASSPORT program, will require the individual to be admitted to a	21434
nursing facility within thirty days of the physician's	21435
determination.	21436

(c) The individual has been hospitalized and a physician has	21437
determined and documented in writing that, unless the individual	21438
is enrolled in home and community-based services such as the	21439
PASSPORT program, the individual is to be transported directly	21440
from the hospital to a nursing facility and admitted.	21441

(d) Both of the following apply:

21442

(i) The individual is the subject of a report made under	21443
section 5101.61 of the Revised Code regarding abuse, neglect, or	21444
exploitation or such a report referred to a county department of	21445
job and family services under section 5126.31 of the Revised Code	21446
or has made a request to a county department for protective	21447
services as defined in section 5101.60 of the Revised Code.	21448

(ii) A county department of job and family services and an	21449
area agency on aging have jointly documented in writing that,	21450
unless the individual is enrolled in home and community-based	21451
services such as the PASSPORT program, the individual should be	21452
admitted to a nursing facility.	21453

~~(C)~~(B) Each month, each area agency on aging shall identify	21454
individuals residing in the area that the agency serves who are	21455
eligible for the home first component of the PASSPORT program.	21456
When an area agency on aging identifies such an individual, the	21457
agency shall notify the long-term care consultation program	21458
administrator serving the area in which the individual resides.	21459
The administrator shall determine whether the PASSPORT program is	21460
appropriate for the individual and whether the individual would	21461
rather participate in the PASSPORT program than continue or begin	21462
to reside in a nursing facility. If the administrator determines	21463
that the PASSPORT program is appropriate for the individual and	21464
the individual would rather participate in the PASSPORT program	21465
than continue or begin to reside in a nursing facility, the	21466
administrator shall so notify the department of aging. On receipt	21467
of the notice from the administrator, the department shall approve	21468
the individual's enrollment in the medicaid-funded component of	21469
the PASSPORT program regardless of the unified waiting list	21470
established under section ~~173.404~~173.55 of the Revised Code,	21471
unless the enrollment would cause the component to exceed any	21472
limit on the number of individuals who may be enrolled in the	21473
component as set by the United States secretary of health and	21474
human services in the PASSPORT waiver.	21475

Sec. 173.522. (A) The department of aging shall create and	21476
administer the state-funded component of the PASSPORT program. The	21477
state-funded component shall not be administered as part of the	21478
medicaid program.	21479

(B) For an individual to be eligible for the state-funded	21480
component of the PASSPORT program, the individual must meet one of	21481
the following requirements and meet the additional eligibility	21482
requirements applicable to the individual established in rules	21483
adopted under division (D) of this section:	21484

(1) The individual must have been enrolled in the	21485
state-funded component on September 1, 1991, (as the state-funded	21486
component was authorized by uncodified law in effect at that time)	21487
and have had one or more applications for enrollment in the	21488
medicaid-funded component of the PASSPORT program (or, if the	21489
medicaid-funded component is terminated under division (C) of	21490
section 173.52 of the Revised Code, the unified long-term services	21491
and support medicaid waiver component) denied.	21492

(2) The individual must have had the individual's enrollment	21493
in the medicaid-funded component of the PASSPORT program (or, if	21494
the medicaid-funded component is terminated under division (C) of	21495
section 173.52 of the Revised Code, the unified long-term services	21496
and support medicaid waiver component) terminated and the	21497
individual must still need the home and community-based services	21498
provided under the PASSPORT program to protect the individual's	21499
health and safety.	21500

(3) The individual must have an application for the	21501
medicaid-funded component of the PASSPORT program (or, if the	21502
medicaid-funded component is terminated under division (C) of	21503
section 173.52 of the Revised Code, the unified long-term services	21504
and support medicaid waiver component) pending and the department	21505
or the department's designee must have determined that the	21506
individual meets the nonfinancial eligibility requirements of the	21507
medicaid-funded component (or, if the medicaid-funded component is	21508
terminated under division (C) of section 173.52 of the Revised	21509
Code, the unified long-term services and support medicaid waiver	21510
component) and not have reason to doubt that the individual meets	21511
the financial eligibility requirements of the medicaid-funded	21512
component (or, if the medicaid-funded component is terminated	21513
under division (C) of section 173.52 of the Revised Code, the	21514
unified long-term services and support medicaid waiver component).	21515

(C) An individual who is eligible for the state-funded	21516
component of the PASSPORT program because the individual meets the	21517
requirement of division (B)(3) of this section may participate in	21518
the component on that basis for not more than ninety days.	21519

(D) The director of aging shall adopt rules in accordance	21520
with section 111.15 of the Revised Code to implement the	21521
state-funded component of the PASSPORT program. The additional	21522
eligibility requirements established in the rules may vary for the	21523
different groups of individuals specified in divisions (B)(1),	21524
(2), and (3) of this section.	21525

Sec. 173.523. (A) An individual who is an applicant for or	21526
participant or former participant in the state-funded component of	21527
the PASSPORT program may appeal an adverse action taken or	21528
proposed to be taken by the department of aging or an entity	21529
designated by the department concerning participation in or	21530
services provided under the component if the action will result in	21531
any of the following:	21532

(1) Denial of enrollment or continued enrollment in the	21533
component;	21534

(2) Denial of or reduction in the amount of services	21535
requested by or offered to the individual under the component;	21536

(3) Assessment of any patient liability payment pursuant to	21537
rules adopted by the department under this section.	21538

The appeal shall be made in accordance with section 173.56 of	21539
the Revised Code and rules adopted pursuant to that section.	21540

(B) An individual who is an applicant for or participant or	21541
former participant in the state-funded component of the PASSPORT	21542
program may not bring an appeal under this or any other section of	21543
the Revised Code if any of the following is the case:	21544

(1) The individual has voluntarily withdrawn the application	21545
for enrollment in the component;	21546

(2) The individual has voluntarily terminated enrollment in	21547
the component;	21548

(3) The individual agrees with the action being taken or	21549
proposed;	21550

(4) The individual fails to submit a written request for a	21551
hearing to the director of aging within the time specified in the	21552
rules adopted pursuant to section 173.56 of the Revised Code;	21553

(5) The individual has received services under the component	21554
for the maximum time permitted by this section.	21555

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	21556
program may request that home-delivered meals provided to the	21557
individual under the PASSPORT program be kosher. If such a request	21558
is made, the department of aging or the department's designee	21559
shall ensure that each home-delivered meal provided to the	21560
individual under the PASSPORT program is kosher. In complying with	21561
this requirement, the department or department's designee shall	21562
require each entity that provides home-delivered meals to the	21563
individual to provide the individual with meals that meet, as much	21564
as possible, the requirements established in rules adopted under	21565
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	21566
governing the home-delivered meal service while complying with	21567
kosher practices for meal preparation and dietary restrictions.	21568

An entity that provides a kosher home-delivered meal to a	21569
PASSPORT program enrollee pursuant to this section shall be	21570
reimbursed for the meal at a rate equal to the rate for	21571
home-delivered meals furnished to PASSPORT program enrollees	21572
requiring a therapeutic diet.	21573

Sec. 173.525. (A) The PASSPORT program shall include a	21574
structured family caregiver component as a pilot program in three	21575
rural PASSPORT regions under which an individual enrolled in the	21576
PASSPORT program may choose a family member to provide the	21577
individual home and community-based services that the individual	21578
receives under the PASSPORT program. A family member must do all	21579
of the following to be eligible to be a family caregiver under the	21580
PASSPORT program:	21581

(1) Complete all the training, obtain all required	21582
credentials, and satisfy all other applicable requirements to be a	21583
PASSPORT provider;	21584

(2) Arrange for an agency that is a PASSPORT provider to do	21585
all of the following:	21586

(a) Assist the family member with the requirements to be a	21587
family caregiver;	21588

(b) Provide or arrange professional staff training to or for	21589
the family member;	21590

(c) If possible, include the family member in electronic	21591
records used for the PASSPORT program;	21592

(d) Provide professional staff support that is appropriate	21593
for the PASSPORT enrollee's care needs to the enrollee for whom	21594
the family member serves as a family caregiver.	21595

(3) Comply with any other applicable requirements specified	21596
in rules adopted under sections 173.52 and 173.522 of the Revised	21597
Code.	21598

(B) An individual may serve as the family caregiver for not	21599
more than two PASSPORT enrollees. A family caregiver may provide	21600
home and community-based services covered by the PASSPORT program	21601
in the home of either the caregiver or the PASSPORT enrollee.	21602

(C) The structured family caregiver component of the PASSPORT	21603
program shall be available as a pilot program in three rural	21604
PASSPORT regions not later than January 1, 2014. The payment rate	21605
for the component shall be adequate to pay the family caregiver a	21606
stipend and reimburse the agency provider for the costs of	21607
providing professional staff support pursuant to division	21608
(A)(2)(d) of this section.	21609

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

21610

~~"Choices program" means the program created under this~~	21611
~~section.~~	21612

~~"Medicaid waiver component" has the same meaning as in~~	21613
~~section 5111.85 of the Revised Code.~~	21614

~~"Unified long-term services and support medicaid waiver~~	21615
~~component" means the medicaid waiver component authorized by~~	21616
~~section 5111.864 of the Revised Code.~~	21617

~~(B) Subject to division (C) of this section, there is hereby~~	21618
~~created~~The department of medicaid shall create the choices	21619
program. In creating the choices program, the department of	21620
medicaid shall collaborate with the department of aging. Subject	21621
to division (B) of this section:	21622

(1) The choices program shall provide home and	21623
community-based services~~. The~~;	21624

(2) The department of aging shall administer the choices	21625
program through a contract entered into with the department of	21626
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	21627
the Revised Code~~. Subject to federal approval, the~~;	21628

(3) The choices program shall be available statewide.

21629

~~(C)~~(B) If the unified long-term services and support medicaid	21630
waiver component is created, the departments of aging and ~~job and~~	21631
~~family services~~medicaid shall ~~work together~~collaborate to	21632
determine whether the choices program should continue to operate	21633
as a separate medicaid waiver component or be terminated. If the	21634
departments determine that the choices program should be	21635
terminated, the program shall cease to exist on a date the	21636
departments shall specify.	21637

(C) If the choices program is terminated pursuant to division	21638
(B) of this section or for another reason, not sooner than six	21639
months before the date on which the program ceases to exist, the	21640
director of aging may do both of the following:	21641

(1) Suspend new enrollments in the choices program;

21642

(2) Transfer participants of the choices program to the	21643
following:	21644

(a) Except as provided in division (C)(2)(b) of this section,	21645
the medicaid-funded component of the PASSPORT program created	21646
under section 173.52 of the Revised Code;	21647

(b) If the medicaid-funded component of the PASSPORT program	21648
is terminated pursuant to division (C) of section 173.52 of the	21649
Revised Code, the unified long-term services and support medicaid	21650
waiver component.	21651

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	21652
~~5111.894 of the Revised Code:~~	21653

~~"Area agency on aging" has the same meaning as in section~~	21654
~~173.14 of the Revised Code.~~	21655

~~"Assisted living program" means the program created under~~	21656
~~this section.~~	21657

~~"Assisted living services" means the following home and~~	21658
~~community-based services: personal care, homemaker, chore,~~	21659
~~attendant care, companion, medication oversight, and therapeutic~~	21660
~~social and recreational programming.~~	21661

~~"Assisted living waiver" means the federal medicaid waiver~~	21662
~~granted by the United States secretary of health and human~~	21663
~~services that authorizes the medicaid-funded component of the~~	21664
~~assisted living program.~~	21665

~~"County or district home" means a county or district home~~	21666
~~operated under Chapter 5155. of the Revised Code.~~	21667

~~"Long-term care consultation program" means the program the~~	21668
~~department of aging is required to develop under section 173.42 of~~	21669
~~the Revised Code.~~	21670

~~"Long-term care consultation program administrator" or~~	21671
~~"administrator" means the department of aging or, if the~~	21672
~~department contracts with an area agency on aging or other entity~~	21673
~~to administer the long-term care consultation program for a~~	21674
~~particular area, that agency or entity.~~	21675

~~"Medicaid waiver component" has the same meaning as in~~	21676
~~section 5111.85 of the Revised Code.~~	21677

~~"Nursing facility" has the same meaning as in section 5111.20~~	21678
~~of the Revised Code.~~	21679

~~"Residential care facility" has the same meaning as in~~	21680
~~section 3721.01 of the Revised Code.~~	21681

~~"Unified long-term services and support medicaid waiver~~	21682
~~component" means the medicaid waiver component authorized by~~	21683
~~section 5111.864 of the Revised Code.~~	21684

~~(B) There is hereby created~~The department of medicaid shall	21685
create the medicaid-funded component of the assisted living	21686
program. ~~The program shall provide assisted living services to~~	21687
~~individuals who meet the program's applicable eligibility~~	21688
~~requirements. Subject to division (C) of this section, the program~~	21689
~~shall have a medicaid-funded component and a state-funded~~	21690
~~component~~In creating the medicaid-funded component, the	21691
department of medicaid shall collaborate with the department of	21692
aging.	21693

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21694
assisted living program is terminated under division (C)~~(2)~~ of	21695
this section, all of the following apply:	21696

~~(a)~~(1) The department of aging shall administer the	21697
medicaid-funded component through a contract entered into with the	21698
department of ~~job and family services~~medicaid under section	21699
~~5111.91~~5162.35 of the Revised Code.	21700

~~(b)~~(2) The contract shall include an estimate of the	21701
medicaid-funded component's costs.	21702

~~(c)~~(3) The medicaid-funded component shall be operated as a	21703
separate medicaid waiver component.	21704

~~(d)~~(4) The medicaid-funded component may not serve more	21705
individuals than is set by the United States secretary of health	21706
and human services in the assisted living waiver.	21707

~~(e) The director of job and family services may adopt rules~~	21708
~~under section 5111.85 of the Revised Code regarding the~~	21709
~~medicaid-funded component.~~	21710

~~(f) The~~(5) To the extent authorized by rules authorized by	21711
section 5162.021 of the Revised Code, the director of aging may	21712
adopt rules under Chapter 119. of the Revised Code regarding the	21713
medicaid-funded component ~~that the rules adopted by the director~~	21714
~~of job and family services under division (C)(1)(e) of this~~	21715
~~section authorize the director of aging to adopt~~.	21716

~~(2)~~(C) If the unified long-term services and support medicaid	21717
waiver component is created, the departments of aging and ~~job and~~	21718
~~family services~~medicaid shall ~~work together~~collaborate to	21719
determine whether the medicaid-funded component of the assisted	21720
living program should continue to operate as a separate medicaid	21721
waiver component or be terminated. If the departments determine	21722
that the medicaid-funded component of the assisted living program	21723
should be terminated, the medicaid-funded component shall cease to	21724
exist on a date the departments shall specify.	21725

~~(D) The department of aging shall administer the state-funded~~	21726
~~component of the assisted living program. The state-funded~~	21727
~~component shall not be administered as part of the medicaid~~	21728
~~program.~~	21729

~~An individual who is eligible for the state-funded component~~	21730
~~may participate in the component for not more than ninety days.~~	21731

~~The director of aging shall adopt rules in accordance with~~	21732
~~section 111.15 of the Revised Code to implement the state-funded~~	21733
~~component.~~	21734

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	21735
medicaid-funded component of the assisted living program, an	21736
individual must meet all of the following requirements:	21737

(A) Need an intermediate level of care as determined ~~under~~	21738
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	21739
of the ~~Administrative~~Revised Code;	21740

(B) While receiving assisted living services under the	21741
medicaid-funded component, reside in a residential care facility	21742
that is authorized by a valid medicaid provider agreement to	21743
participate in the component, including both of the following:	21744

(1) A residential care facility that is owned or operated by	21745
a metropolitan housing authority that has a contract with the	21746
United States department of housing and urban development to	21747
receive an operating subsidy or rental assistance for the	21748
residents of the facility;	21749

(2) A county or district home licensed as a residential care	21750
facility.	21751

(C) Meet all other eligibility requirements for the	21752
medicaid-funded component established in rules adopted ~~pursuant to~~	21753
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	21754

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	21755
medicaid-funded component of the assisted living program is	21756
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	21757
of the Revised Code, the department of aging shall establish a	21758
home first component of the assisted living program under which	21759
eligible individuals may be enrolled in the medicaid-funded	21760
component of the assisted living program in accordance with this	21761
section. An individual is eligible for the assisted living	21762
program's home first component if both of the following apply:	21763

(1) The individual has been determined to be eligible for the	21764
medicaid-funded component of the assisted living program.	21765

(2) At least one of the following applies:

21766

(a) The individual has been admitted to a nursing facility.

21767

(b) A physician has determined and documented in writing that	21768
the individual has a medical condition that, unless the individual	21769
is enrolled in home and community-based services such as the	21770
assisted living program, will require the individual to be	21771
admitted to a nursing facility within thirty days of the	21772
physician's determination.	21773

(c) The individual has been hospitalized and a physician has	21774
determined and documented in writing that, unless the individual	21775
is enrolled in home and community-based services such as the	21776
assisted living program, the individual is to be transported	21777
directly from the hospital to a nursing facility and admitted.	21778

(d) Both of the following apply:

21779

(i) The individual is the subject of a report made under	21780
section 5101.61 of the Revised Code regarding abuse, neglect, or	21781
exploitation or such a report referred to a county department of	21782
job and family services under section 5126.31 of the Revised Code	21783
or has made a request to a county department for protective	21784
services as defined in section 5101.60 of the Revised Code.	21785

(ii) A county department of job and family services and an	21786
area agency on aging have jointly documented in writing that,	21787
unless the individual is enrolled in home and community-based	21788
services such as the assisted living program, the individual	21789
should be admitted to a nursing facility.	21790

(B) Each month, each area agency on aging shall identify	21791
individuals residing in the area that the area agency on aging	21792
serves who are eligible for the home first component of the	21793
assisted living program. When an area agency on aging identifies	21794
such an individual and determines that there is a vacancy in a	21795
residential care facility participating in the medicaid-funded	21796
component of the assisted living program that is acceptable to the	21797
individual, the agency shall notify the long-term care	21798
consultation program administrator serving the area in which the	21799
individual resides. The administrator shall determine whether the	21800
assisted living program is appropriate for the individual and	21801
whether the individual would rather participate in the assisted	21802
living program than continue or begin to reside in a nursing	21803
facility. If the administrator determines that the assisted living	21804
program is appropriate for the individual and the individual would	21805
rather participate in the assisted living program than continue or	21806
begin to reside in a nursing facility, the administrator shall so	21807
notify the department of aging. On receipt of the notice from the	21808
administrator, the department shall approve the individual's	21809
enrollment in the medicaid-funded component of the assisted living	21810
program regardless of the unified waiting list established under	21811
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	21812
would cause the component to exceed any limit on the number of	21813
individuals who may participate in the component as set by the	21814
United States secretary of health and human services in the	21815
assisted living waiver.	21816

Sec. 173.543. The department of aging shall create and	21817
administer the state-funded component of the assisted living	21818
program. The state-funded component shall not be administered as	21819
part of the medicaid program.	21820

An individual who is eligible for the state-funded component	21821
may participate in the component for not more than ninety days.	21822

The director of aging shall adopt rules in accordance with	21823
section 111.15 of the Revised Code to implement the state-funded	21824
component.	21825

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	21826
component of the assisted living program, an individual must meet	21827
all of the following requirements:	21828

(A) The individual must need an intermediate level of care as	21829
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	21830
section 173.546 of the ~~Administrative~~Revised Code;.	21831

(B) The individual must have an application for the	21832
medicaid-funded component of the assisted living program (or, if	21833
the medicaid-funded component is terminated under division (C)~~(2)~~	21834
of section ~~5111.89~~173.54 of the Revised Code, the unified	21835
long-term services and support medicaid waiver component) pending	21836
and the department or the department's designee must have	21837
determined that the individual meets the nonfinancial eligibility	21838
requirements of the medicaid-funded component (or, if the	21839
medicaid-funded component is terminated under division (C)~~(2)~~ of	21840
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	21841
services and support medicaid waiver component) and not have	21842
reason to doubt that the individual meets the financial	21843
eligibility requirements of the medicaid-funded component (or, if	21844
the medicaid-funded component is terminated under division (C)~~(2)~~	21845
of section ~~5111.89~~173.54 of the Revised Code, the unified	21846
long-term services and support medicaid waiver component).	21847

(C) While receiving assisted living services under the	21848
state-funded component, the individual must reside in a	21849
residential care facility that is authorized by a valid provider	21850
agreement to participate in the component, including both of the	21851
following:	21852

(1) A residential care facility that is owned or operated by	21853
a metropolitan housing authority that has a contract with the	21854
United States department of housing and urban development to	21855
receive an operating subsidy or rental assistance for the	21856
residents of the facility;	21857

(2) A county or district home licensed as a residential care	21858
facility.	21859

(D) The individual must meet all other eligibility	21860
requirements for the state-funded component established in rules	21861
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	21862
Revised Code.	21863

Sec. 173.545. (A) An individual who is an applicant for or	21864
participant or former participant in the state-funded component of	21865
the assisted living program may appeal an adverse action taken or	21866
proposed to be taken by the department of aging or an entity	21867
designated by the department concerning participation in or	21868
services provided under the component if the action will result in	21869
any of the following:	21870

(1) Denial of enrollment or continued enrollment in the	21871
component;	21872

(2) Denial of or reduction in the amount of services	21873
requested by or offered to the individual under the component;	21874

(3) Assessment of any patient liability payment pursuant to	21875
rules adopted by the department under this section.	21876

The appeal shall be made in accordance with section 173.56 of	21877
the Revised Code and rules adopted pursuant to that section.	21878

(B) An individual who is an applicant for or participant or	21879
former participant in the state-funded component of the assisted	21880
living program may not bring an appeal under this or any other	21881
section of the Revised Code if any of the following is the case:	21882

(1) The individual has voluntarily withdrawn the application	21883
for enrollment in the component;	21884

(2) The individual has voluntarily terminated enrollment in	21885
the component;	21886

(3) The individual agrees with the action being taken or	21887
proposed;	21888

(4) The individual fails to submit a written request for a	21889
hearing to the director of aging within the time specified in the	21890
rules adopted pursuant to section 173.56 of the Revised Code;	21891

(5) The individual has received services under the component	21892
for the maximum time permitted by this section.	21893

Sec. 173.546. (A) Each applicant for the assisted living	21894
program shall undergo an assessment to determine whether the	21895
applicant needs an intermediate level of care. The department of	21896
medicaid or an agency under contract pursuant to division (C) of	21897
this section shall conduct the assessment. The assessment may be	21898
performed concurrently with a long-term care consultation provided	21899
under section 173.42 of the Revised Code.	21900

(B) An applicant or applicant's representative has the right	21901
to appeal an assessment's findings. Section 5160.31 of the Revised	21902
Code applies to appeals regarding the medicaid-funded component of	21903
the assisted living program. The department or an agency under	21904
contract to conduct the assessment shall provide written notice of	21905
this right to the applicant or applicant's representative and the	21906
residential care facility in which the applicant intends to reside	21907
if enrolled in the assisted living program. The notice shall	21908
include an explanation of the appeal procedures. The department or	21909
agency under contract to conduct the assessment shall represent	21910
the state in any appeal of an assessment's findings.	21911

(C) The department may contract with one or more agencies to	21912
perform assessments under this section. A contract shall specify	21913
the agency's responsibilities regarding the assessments.	21914

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	21915
services covered by the assisted living program to an individual	21916
enrolled in the program shall have staff on-site twenty-four hours	21917
each day who are able to do all of the following:	21918

(A) Meet the scheduled and unpredicted needs of the	21919
individuals enrolled in the assisted living program in a manner	21920
that promotes the individuals' dignity and independence;	21921

(B) Provide supervision services for those individuals;

21922

21923

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

21924

(1) "Department of aging-administered medicaid waiver	21925
component" means each of the following:	21926

(a) The medicaid-funded component of the PASSPORT program	21927
~~created under section 173.40 of the Revised Code~~;	21928

(b) The choices program ~~created under section 173.403 of the~~	21929
~~Revised Code~~;	21930

(c) The medicaid-funded component of the assisted living	21931
program ~~created under section 5111.89 of the Revised Code~~.	21932

(2) "PACE program" means the component of the medicaid	21933
program the department of aging administers pursuant to section	21934
173.50 of the Revised Code.	21935

(B) If the department of aging determines that there are	21936
insufficient funds to enroll all individuals who have applied and	21937
been determined eligible for department of aging-administered	21938
medicaid waiver components and the PACE program, the department	21939
shall establish a unified waiting list for the components and	21940
program. Only individuals eligible for a department of	21941
aging-administered medicaid waiver component or the PACE program	21942
may be placed on the unified waiting list. An individual who may	21943
be enrolled in a department of aging-administered medicaid waiver	21944
component or the PACE program through a home first component	21945
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	21946
173.542 of the Revised Code may be so enrolled without being	21947
placed on the unified waiting list.	21948

Sec. 173.56. (A) The department of aging shall adopt rules	21949
in accordance with section 111.15 of the Revised Code governing	21950
appeals brought under section 173.523 or 173.545 of the Revised	21951
Code. The rules shall require notice and the opportunity for a	21952
hearing. The rules may allow an appeal hearing to be conducted by	21953
telephone and permit the department to record hearings conducted	21954
by telephone. Chapter 119. of the Revised Code applies to a	21955
hearing under section 173.523 or 173.545 of the Revised Code only	21956
to the extent provided in rules the department adopts under this	21957
section.	21958

(B) An appeal shall be commenced by submission of a written	21959
request for a hearing to the director of aging within the time	21960
specified in the rules adopted under this section. The hearing may	21961
be recorded, but neither the recording nor a transcript of the	21962
recording is part of the official record of the proceeding. The	21963
director shall notify the individual bringing the appeal of the	21964
director's decision and of the procedure for appealing the	21965
decision.	21966

(C) The director's decision may be appealed to a court of	21967
common pleas pursuant to section 119.12 of the Revised Code. The	21968
appeal shall be governed by that section except as follows:	21969

(1) The appeal shall be in the court of common pleas of the	21970
county in which the individual who brings the appeal resides or,	21971
if the individual does not reside in this state, to the Franklin	21972
county court of common pleas.	21973

(2) The notice of appeal must be mailed to the department and	21974
filed with the court not later than thirty days after the	21975
department mails notice of the director's decision. For good cause	21976
shown, the court may extend the time for mailing and filing the	21977
notice of appeal, but the time cannot exceed six months from the	21978
date the department mails the notice of the director's decision.	21979

(3) If an individual applies to the court for designation as	21980
an indigent and the court grants the application, the individual	21981
shall not be required to furnish the costs of the appeal.	21982

(4) The department is required to file a transcript of the	21983
testimony of the state hearing with the court only if the court	21984
orders that the transcript be filed. The court shall make such an	21985
order only if it finds that the department and the individual	21986
bringing the appeal are unable to stipulate to the facts of the	21987
case and that the transcript is essential to a determination of	21988
the appeal. The department shall file the transcript not later	21989
than thirty days after such an order is issued.	21990

Sec. 173.60. (A) As used in this section:

21991

(1) "Nursing home" has the same meaning as in section 3721.01	21992
of the Revised Code.	21993

(2) "Person-centered care" means a relationship-based	21994
approach to care that honors and respects the opinions of	21995
individuals receiving care and those working closely with them.	21996

(B) The department of aging shall implement a nursing home	21997
quality initiative to improve person-centered care that nursing	21998
homes provide. The office of the state long-term care ombudsman	21999
program shall assist the department with the initiative. The	22000
initiative shall include quality improvement projects that provide	22001
nursing homes with resources and on-site education promoting	22002
person-centered strategies and positive resident outcomes, as well	22003
as other assistance designed to improve the quality of nursing	22004
home services.	22005

(C) The department shall make available a list of quality	22006
improvement projects offered by the following entities that may be	22007
used by nursing homes in meeting the requirements of section	22008
3721.072 of the Revised Code:	22009

(1) The department;

22010

(2) A quality improvement organization under contract with	22011
the United States secretary of health and human services to carry	22012
out the state functions described in section 1154 of the "Social	22013
Security Act," 42 U.S.C. 1320c-3;	22014

(3) Other state agencies;

22015

(4) The Ohio person-centered care coalition;

22016

(5) Any other academic, research, or health care entity	22017
identified by the department.	22018

(D) The department shall consult with representatives of	22019
nursing homes when developing the list of quality improvement	22020
projects under division (C) of this section and include projects	22021
that the department and representatives agree should be on the	22022
list.	22023

(E) The director of aging may adopt rules in accordance with	22024
Chapter 119. of the Revised Code as necessary to implement this	22025
section.	22026

Sec. 173.99. (A) A long-term care provider, person employed	22027
by a long-term care provider, other entity, or employee of such	22028
other entity that violates division (C) of section 173.24 of the	22029
Revised Code is subject to a fine not to exceed one thousand	22030
dollars for each violation.	22031

(B) Whoever violates division (C) of section 173.23 of the	22032
Revised Code is guilty of registering a false complaint, a	22033
misdemeanor of the first degree.	22034

(C) A long-term care provider, other entity, or person	22035
employed by a long-term care provider or other entity that	22036
violates division (E) of section 173.19 of the Revised Code by	22037
denying a representative of the office of the state long-term care	22038
~~ombudsperson~~ombudsman program the access required by that	22039
division is subject to a fine not to exceed five hundred dollars	22040
for each violation.	22041

(D) Whoever violates division (C) of section 173.44 of the	22042
Revised Code is subject to a fine of one hundred dollars.	22043

Sec. 175.04. (A) The governor shall appoint a chairperson	22044
from among the members. The agency members shall elect a member as	22045
vice-chairperson. The agency members may appoint other officers,	22046
who need not be members of the agency, as the agency deems	22047
necessary.	22048

(B) Six members of the agency constitute a quorum and the	22049
affirmative vote of six members is necessary for any action the	22050
agency takes. No vacancy in agency membership impairs the right of	22051
a quorum to exercise all of the agency's rights and perform all	22052
the agency's duties. Agency meetings may be held at any place	22053
within the state. Meetings shall comply with section 121.22 of the	22054
Revised Code.	22055

(C) The agency shall maintain accounting records in	22056
accordance with generally accepted accounting principals and other	22057
required accounting standards.	22058

(D) The agency shall develop policies and guidelines for the	22059
administration of its programs and annually shall conduct at least	22060
one public hearing to obtain input from any interested party	22061
regarding the administration of its programs. The hearing shall be	22062
held at a time and place as the agency determines and when a	22063
quorum of the agency is present.	22064

(E) The agency shall appoint committees and subcommittees	22065
comprised of members of the agency to handle matters it deems	22066
appropriate.	22067

(1) The agency shall adopt an annual plan to address this	22068
state's housing needs. The agency shall appoint an annual plan	22069
committee to develop the plan and present it to the agency for	22070
consideration.	22071

(2) The annual plan committee shall select an advisory board	22072
from a list of interested individuals the executive director	22073
provides or on its own recommendation. The advisory board shall	22074
provide input on the plan at committee meetings prior to the	22075
annual public hearing. At the public hearing, the committee shall	22076
discuss advisory board comments. The advisory board may include,	22077
but is not limited to, persons who represent state agencies, local	22078
governments, public corporations, nonprofit organizations,	22079
community development corporations, housing advocacy organizations	22080
for low- and moderate-income persons, realtors, syndicators,	22081
investors, lending institutions as recommended by a statewide	22082
banking organization, and other entities participating in the	22083
agency's programs.	22084

Each agency program that allows for loans to be made to	22085
finance housing for owner occupancy that benefits other than low-	22086
and moderate-income households, or for loans to be made to	22087
individuals under bonds issued pursuant to division (B) of section	22088
175.08 of the Revised Code, shall be presented to the advisory	22089
board and included in the annual plan as approved by the agency	22090
before the program's implementation.	22091

(F) The agency shall prepare an annual financial report	22092
describing its activities during the reporting year and submit	22093
that report in accordance with division (H) of this section and to	22094
the governor, the speaker of the house of representatives, and the	22095
president of the senate within three months after the end of the	22096
reporting year. The report shall include the agency's audited	22097
financial statements, prepared in accordance with generally	22098
accepted accounting principles and appropriate accounting	22099
standards.	22100

(G) The agency shall prepare an annual report of its programs	22101
describing how the programs have met this state's housing needs.	22102
The agency shall submit the report in accordance with division (H)	22103
of this section and to the governor, the speaker of the house of	22104
representatives, and the president of the senate within three	22105
months after the end of the reporting year.	22106

(H)(1) The agency shall submit, within a time frame agreed to	22107
by the agency and the chairs, the annual financial report	22108
described in division (F) of this section and the annual report of	22109
programs described in division (G) of this section to the chairs	22110
of the committees dealing with housing issues in the house of	22111
representatives and the senate.	22112

(2) Within forty-five days of issuance of the annual	22113
financial report, the agency shall cause the agency's executive	22114
director to appear in person before the committees described in	22115
division (H)(1) of this section to testify in regard to the	22116
financial report and the report of programs. The testimony shall	22117
include each of the following:	22118

(a) An overview of the annual plan adopted pursuant to	22119
division (E)(1) of this section;	22120

(b) An evaluation of whether the objectives in the annual	22121
plan were met through a comparison of the annual plan with the	22122
annual financial report and report of programs;	22123

(c) An evaluation and financial overview of all business and	22124
contractual relationships between the agency and other entities	22125
and organizations that actively participate in agency programs.	22126

Sec. 191.01. As used in this chapter:

22127

(A) "Administrative safeguards," "availability,"	22128
"confidentiality," "integrity," "physical safeguards," and	22129
"technical safeguards" have the same meanings as in 45 C.F.R.	22130
164.304.	22131

(B) "Business associate," "covered entity," "health plan,"	22132
"individually identifiable health information," and "protected	22133
health information" have the same meanings as in 45 C.F.R.	22134
160.103.	22135

(C) "Executive director of the office of health	22136
transformation" or "executive director" means the executive	22137
director of the office of health transformation or the chief	22138
administrative officer of a successor governmental entity	22139
responsible for health system oversight in this state.	22140

(D) "Government program providing public benefits" means any	22141
program administered by a state agency that has been identified,	22142
pursuant to section 191.02 of the Revised Code, by the executive	22143
director of the office of health transformation in consultation	22144
with the individuals specified in that section.	22145

(E) "Office of health transformation" means the office of	22146
health transformation created by executive order 2011-02K.	22147

(F) "Operating protocol" means a protocol adopted by the	22148
executive director of the office of health transformation or the	22149
executive director's designee under division (D) of section 191.06	22150
of the Revised Code.	22151

(G) "Participating agency" means a state agency that	22152
participates in a health transformation initiative as specified in	22153
the one or more operating protocols adopted for the initiative	22154
under division (D) of section 191.06 of the Revised Code.	22155

(H) "Personally identifiable information" means information	22156
that meets both of the following criteria:	22157

(1) It identifies an individual or there is a reasonable	22158
basis to believe that it may be used to identify an individual;	22159

(2) It relates to an individual's eligibility for,	22160
application for, or receipt of public benefits from a government	22161
program providing public benefits.	22162

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

22163

(1) The department of administrative services;

22164

(2) The department of aging;

22165

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

22166

(3) The ~~department of~~ development services agency;

22167

(4) The department of developmental disabilities;

22168

(5) The department of education;

22169

(6) The department of health;

22170

(7) The department of insurance;

22171

(8) The department of job and family services;

22172

(9) The department of medicaid;

22173

(10) The department of ~~mental health~~mental health and	22174
addiction services;	22175

~~(10)~~(11) The department of rehabilitation and correction;

22176

~~(11)~~(12) The department of taxation;

22177

~~(12)~~(13) The department of veterans services;

22178

~~(13)~~(14) The department of youth services.

22179

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

22180

Sec. 191.02. The executive director of the office of health	22181
transformation, in consultation with all of the following	22182
individuals, shall identify each government program administered	22183
by a state agency that is to be considered a government program	22184
providing public benefits for purposes of section 191.04 of the	22185
Revised Code:	22186

(A) The director of administrative services;

22187

(B) The director of aging;

22188

~~(B) The director of alcohol and drug addiction services;~~

22189

22190

(D) The director of developmental disabilities;

22191

(E) The director of health;

22192

(F) The director of job and family services;

22193

(G) The director of medicaid;

22194

(H) The director of ~~mental health~~mental health and addiction	22195
services;	22196

~~(H)~~(I) The director of rehabilitation and correction;

22197

~~(I)~~(J) The director of veterans services;

22198

~~(J)~~(K) The director of youth services;

22199

~~(K)~~(L) The ~~administrator~~executive director of the	22200
~~rehabilitation services commission~~opportunities for Ohioans with	22201
disabilities agency;	22202

~~(L)~~(M) The administrator of workers' compensation;

22203

~~(M)~~(N) The superintendent of insurance;

22204

~~(N)~~(O) The superintendent of public instruction;

22205

~~(O)~~(P) The tax commissioner.

22206

Sec. 191.04. (A) In accordance with federal laws governing	22207
the confidentiality of individually identifiable health	22208
information, including the "Health Insurance Portability and	22209
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	22210
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	22211
by the United States department of health and human services to	22212
implement the act, a state agency may exchange protected health	22213
information with another state agency relating to eligibility for	22214
or enrollment in a health plan or relating to participation in a	22215
government program providing public benefits if the exchange of	22216
information is necessary for either or both of the following:	22217

(1) Operating a health plan;

22218

(2) Coordinating, or improving the administration or	22219
management of, the health care-related functions of at least one	22220
government program providing public benefits.	22221

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	22222
agency also may exchange personally identifiable information with	22223
another state agency for purposes related to and in support of a	22224
health transformation initiative identified by the executive	22225
director of the office of health transformation pursuant to	22226
division (C) of section 191.06 of the Revised Code.	22227

(C) With respect to a state agency that uses or discloses	22228
personally identifiable information, all of the following	22229
conditions apply:	22230

(1) The state agency shall use or disclose the information	22231
only as permitted or required by state and federal law. In	22232
addition, if the information is obtained during fiscal year 2013	22233
from an exchange of personally identifiable information permitted	22234
under division (B) of this section, the agency shall also use or	22235
disclose the information in accordance with all operating	22236
protocols that apply to the use or disclosure.	22237

(2) If the state agency is a state agency other than the	22238
department of ~~job and family services~~medicaid and it uses or	22239
discloses protected health information that is related to a	22240
medicaid recipient and obtained from the department of ~~job and~~	22241
~~family services~~medicaid or another agency operating a component	22242
of the medicaid program, the state agency shall comply with all	22243
state and federal laws that apply to the department of ~~job and~~	22244
~~family services~~medicaid when that department, as the state's	22245
single state agency to supervise the medicaid program ~~as specified~~	22246
~~in section 5111.01 of the Revised Code~~, uses or discloses	22247
protected health information.	22248

(3) A state agency shall implement administrative, physical,	22249
and technical safeguards for the purpose of protecting the	22250
confidentiality, integrity, and availability of personally	22251
identifiable information the creation, receipt, maintenance, or	22252
transmittal of which is affected or governed by this section.	22253

(4) If a state agency discovers an unauthorized use or	22254
disclosure of unsecured protected health information or unsecured	22255
individually identifiable health information, the state agency	22256
shall, not later than seventy-two hours after the discovery, do	22257
all of the following:	22258

(a) Identify the individuals who are the subject of the	22259
protected health information or individually identifiable health	22260
information;	22261

(b) Report the discovery and the names of all individuals	22262
identified pursuant to division (C)(4)(a) of this section to all	22263
other state agencies and the executive director of the office of	22264
health transformation or the executive director's designee;	22265

(c) Mitigate, to the extent reasonably possible, any	22266
potential adverse effects of the unauthorized use or disclosure.	22267

(5) A state agency shall make available to the executive	22268
director of the office of health transformation or the executive	22269
director's designee, and to any other state or federal	22270
governmental entity required by law to have access on that	22271
entity's request, all internal practices, records, and	22272
documentation relating to personally identifiable information it	22273
receives, uses, or discloses that is affected or governed by this	22274
section.	22275

(6) On termination or expiration of an operating protocol and	22276
if feasible, a state agency shall return or destroy all personally	22277
identifiable information received directly from or received on	22278
behalf of another state agency. If the personally identifiable	22279
information is not returned or destroyed, the state agency	22280
maintaining the information shall extend the protections set forth	22281
in this section for as long as it is maintained.	22282

(7) If a state agency enters into a subcontract or, when	22283
required by 45 C.F.R. 164.502(e)(2), a business associate	22284
agreement, the subcontract or business associate agreement shall	22285
require the subcontractor or business associate to comply with the	22286
terms of this section as if the subcontractor or business	22287
associate were a state agency.	22288

Sec. 191.06. (A) The provisions of this section shall apply	22289
only for fiscal ~~year~~years 2013, 2014, and 2015.	22290

(B) The executive director of the office of health	22291
transformation or the executive director's designee may facilitate	22292
the coordination of operations and exchange of information between	22293
state agencies. The purpose of the executive director's authority	22294
under this section is to support agency collaboration for health	22295
transformation purposes, including modernization of the medicaid	22296
program, streamlining of health and human services programs in	22297
this state, and improving the quality, continuity, and efficiency	22298
of health care and health care support systems in this state.	22299

(C) In furtherance of the authority of the executive director	22300
of the office of health transformation under division (B) of this	22301
section, the executive director or the executive director's	22302
designee shall identify each health transformation initiative in	22303
this state that involves the participation of two or more state	22304
agencies and that permits or requires an interagency agreement to	22305
be entered into for purposes of specifying each participating	22306
agency's role in coordinating, operating, or funding the	22307
initiative, or facilitating the exchange of data or other	22308
information for the initiative. The executive director shall	22309
publish a list of the identified health transformation initiatives	22310
on the internet web site maintained by the office of health	22311
transformation.	22312

(D) For each health transformation initiative that is	22313
identified under division (C) of this section, the executive	22314
director or the executive director's designee shall, in	22315
consultation with each participating agency, adopt one or more	22316
operating protocols. Notwithstanding any law enacted by the	22317
general assembly or rule adopted by a state agency, the provisions	22318
in a protocol shall supersede any provisions in an interagency	22319
agreement, including an interagency agreement entered into under	22320
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	22321
differ from the provisions of the protocol.	22322

(E)(1) An operating protocol adopted under division (D) of	22323
this section shall include both of the following:	22324

(a) All terms necessary to meet the requirements of "other	22325
arrangements" between a covered entity and a business associate	22326
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	22327

(b) If known, the date on which the protocol will terminate	22328
or expire.	22329

(2) In addition, a protocol may specify the extent to which	22330
each participating agency is responsible and accountable for	22331
completing the tasks necessary for successful completion of the	22332
initiative, including tasks relating to the following components	22333
of the initiative:	22334

(a) Workflow;

22335

(b) Funding;

22336

(c) Exchange of data or other information that is	22337
confidential pursuant to state or federal law.	22338

(F) An operating protocol adopted under division (D) of this	22339
section shall have the same force and effect as an interagency	22340
agreement or data sharing agreement, and each participating agency	22341
shall comply with it.	22342

~~(G) The director of job and family services shall determine~~	22343
~~whether a waiver of federal medicaid requirements or a medicaid~~	22344
~~state plan amendment is necessary to fulfill the requirements of~~	22345
~~this section. If the director determines a waiver or medicaid~~	22346
~~state plan amendment is necessary, the director shall apply to the~~	22347
~~United States secretary of health and human services for the~~	22348
~~waiver or amendment.~~	22349

Sec. 191.061. (A) As used in this section:

22350

(1) "Core competencies" means the minimum standards a direct	22351
care worker must meet when providing direct care services and	22352
engaging in any one or more of the following activities associated	22353
with care for a medicaid recipient: maintaining a clean and safe	22354
environment, ensuring recipient-centered care, promoting the	22355
recipient's development, assisting the recipient with activities	22356
of daily living, communicating with the recipient, completing	22357
administrative tasks, and participating in professional	22358
development activities.	22359

(2) "Direct care services" means health care services,	22360
ancillary services, or services related to or in support of the	22361
provision of health care or ancillary services.	22362

(3) "Direct care worker" means an individual who, for direct	22363
or indirect payment, provides direct care services to a medicaid	22364
recipient in the recipient's home, place of residence, or other	22365
setting as specified in rules adopted under section 5164.02 of the	22366
Revised Code.	22367

(B) Not later than June 30, 2014, the executive director of	22368
the office of health transformation or the executive director's	22369
designee, in consultation with the medicaid director and the	22370
directors of aging, developmental disabilities, health, and mental	22371
health and addiction services, shall execute an operating protocol	22372
in accordance with division (D) of section 191.06 of the Revised	22373
Code documenting the manner in which each of the directors'	22374
departments determine that direct care workers associated with	22375
programs administered by the departments demonstrate core	22376
competencies. The executive director or the executive director's	22377
designee and any one or more of the directors may decide that core	22378
competencies are demonstrated by a direct care worker attaining	22379
certification through the direct care worker certification program	22380
established by the director of health under section 3701.95 of the	22381
Revised Code. A decision to this effect does not preclude a	22382
director from specifying additional requirements a direct care	22383
worker must meet to participate in a program administered by the	22384
director's department.	22385

Sec. 301.28. (A) As used in this section:

22386

(1) "Financial transaction device" includes a credit card,	22387
debit card, charge card, or prepaid or stored value card, or	22388
automated clearinghouse network credit, debit, or e-check entry	22389
that includes, but is not limited to, accounts receivable and	22390
internet-initiated, point of purchase, and telephone-initiated	22391
applications or any other device or method for making an	22392
electronic payment or transfer of funds.	22393

(2) "County expenses" includes fees, costs, taxes,	22394
assessments, fines, penalties, payments, or any other expense a	22395
person owes or otherwise pays to a county office under the	22396
authority of a county official, other than dog registration and	22397
kennel fees required to be paid under Chapter 955. of the Revised	22398
Code. "County expenses" includes payment to a county office of	22399
money confiscated during the commitment of an individual to a	22400
county jail, of bail, of money for a prisoner's inmate account,	22401
and of money for goods and services obtained by or for the use of	22402
an individual incarcerated by a county sheriff.	22403

(3) "County official" includes the county auditor, county	22404
treasurer, county engineer, county recorder, county prosecuting	22405
attorney, county sheriff, county coroner, county park district and	22406
board of county commissioners, the clerk of the probate court, the	22407
clerk of the juvenile court, the clerks of court for all divisions	22408
of the courts of common pleas, and the clerk of the court of	22409
common pleas, the clerk of a county-operated municipal court, and	22410
the clerk of a county court.	22411

The term "county expenses" includes county expenses owed to	22412
the board of health of the general health district or a combined	22413
health district in the county. If the board of county	22414
commissioners authorizes county expenses to be paid by financial	22415
transaction devices under this section, then the board of health	22416
and the general health district and the combined health district	22417
may accept payments by financial transaction devices under this	22418
section as if the board were a "county official" and the district	22419
were a county office. However, in the case of a general health	22420
district formed by unification of general health districts under	22421
section 3709.10 of the Revised Code, this entitlement applies only	22422
if all the boards of county commissioners of all counties in the	22423
district have authorized payments to be accepted by financial	22424
transaction devices.	22425

(B) Notwithstanding any other section of the Revised Code and	22426
except as provided in division (D) of this section, a board of	22427
county commissioners may adopt a resolution authorizing the	22428
acceptance of payments by financial transaction devices for county	22429
expenses. The resolution shall include the following:	22430

(1) A specification of those county officials who, and of the	22431
county offices under those county officials that, are authorized	22432
to accept payments by financial transaction devices;	22433

(2) A list of county expenses that may be paid for through	22434
the use of a financial transaction device;	22435

(3) Specific identification of financial transaction devices	22436
that the board authorizes as acceptable means of payment for	22437
county expenses. Uniform acceptance of financial transaction	22438
devices among different types of county expenses is not required.	22439

(4) The amount, if any, authorized as a surcharge or	22440
convenience fee under division (E) of this section for persons	22441
using a financial transaction device. Uniform application of	22442
surcharges or convenience fees among different types of county	22443
expenses is not required.	22444

(5) A specific provision as provided in division (G) of this	22445
section requiring the payment of a penalty if a payment made by	22446
means of a financial transaction device is returned or dishonored	22447
for any reason.	22448

The board's resolution shall also designate the county	22449
treasurer as an administrative agent to solicit proposals, within	22450
guidelines established by the board in the resolution and in	22451
compliance with the procedures provided in division (C) of this	22452
section, from financial institutions, issuers of financial	22453
transaction devices, and processors of financial transaction	22454
devices, to make recommendations about those proposals to the	22455
board, and to assist county offices in implementing the county's	22456
financial transaction devices program. The county treasurer may	22457
decline this responsibility within thirty days after receiving a	22458
copy of the board's resolution by notifying the board in writing	22459
within that period. If the treasurer so notifies the board, the	22460
board shall perform the duties of the administrative agent.	22461

If the county treasurer is the administrative agent and fails	22462
to administer the county financial transaction devices program in	22463
accordance with the guidelines in the board's resolution, the	22464
board shall notify the treasurer in writing of the board's	22465
findings, explain the failures, and give the treasurer six months	22466
to correct the failures. If the treasurer fails to make the	22467
appropriate corrections within that six-month period, the board	22468
may pass a resolution declaring the board to be the administrative	22469
agent. The board may later rescind that resolution at its	22470
discretion.	22471

(C) The county shall follow the procedures provided in this	22472
division whenever it plans to contract with financial	22473
institutions, issuers of financial transaction devices, or	22474
processors of financial transaction devices for the purposes of	22475
this section. The administrative agent shall request proposals	22476
from at least three financial institutions, issuers of financial	22477
transaction devices, or processors of financial transaction	22478
devices, as appropriate in accordance with the resolution adopted	22479
under division (B) of this section. Prior to sending any financial	22480
institution, issuer, or processor a copy of any such request, the	22481
county shall advertise its intent to request proposals in a	22482
newspaper of general circulation in the county once a week for two	22483
consecutive weeks or as provided in section 7.16 of the Revised	22484
Code. The notice shall state that the county intends to request	22485
proposals; specify the purpose of the request; indicate the date,	22486
which shall be at least ten days after the second publication, on	22487
which the request for proposals will be mailed to financial	22488
institutions, issuers, or processors; and require that any	22489
financial institution, issuer, or processor, whichever is	22490
appropriate, interested in receiving the request for proposals	22491
submit written notice of this interest to the county not later	22492
than noon of the day on which the request for proposals will be	22493
mailed.	22494

Upon receiving the proposals, the administrative agent shall	22495
review them and make a recommendation to the board of county	22496
commissioners on which proposals to accept. The board of county	22497
commissioners shall consider the agent's recommendation and review	22498
all proposals submitted, and then may choose to contract with any	22499
or all of the entities submitting proposals, as appropriate. The	22500
board shall provide any financial institution, issuer, or	22501
processor that submitted a proposal, but with which the board does	22502
not enter into a contract, notice that its proposal is rejected.	22503
The notice shall state the reasons for the rejection, indicate	22504
whose proposals were accepted, and provide a copy of the terms and	22505
conditions of the successful bids.	22506

(D) A board of county commissioners adopting a resolution	22507
under this section shall send a copy of the resolution to each	22508
county official in the county who is authorized by the resolution	22509
to accept payments by financial transaction devices. After	22510
receiving the resolution and before accepting payments by	22511
financial transaction devices, a county official shall provide	22512
written notification to the board of county commissioners of the	22513
official's intent to implement the resolution within the	22514
official's office. Each county office subject to the board's	22515
resolution adopted under division (B) of this section may use only	22516
the financial institutions, issuers of financial transaction	22517
devices, and processors of financial transaction devices with	22518
which the board of county commissioners contracts, and each such	22519
office is subject to the terms of those contracts.	22520

If a county office under the authority of a county official	22521
is directly responsible for collecting one or more county expenses	22522
and the county official determines not to accept payments by	22523
financial transaction devices for one or more of those expenses,	22524
the office shall not be required to accept payments by financial	22525
transaction devices, notwithstanding the adoption of a resolution	22526
by the board of county commissioners under this section.	22527

Any office of a clerk of the court of common pleas that	22528
accepts financial transaction devices on or before July 1, 1999,	22529
and any other county office that accepted such devices before	22530
January 1, 1998, may continue to accept such devices without being	22531
subject to any resolution passed by the board of county	22532
commissioners under division (B) of this section, or any other	22533
oversight by the board of the office's financial transaction	22534
devices program. Any such office may use surcharges or convenience	22535
fees in any manner the county official in charge of the office	22536
determines to be appropriate, and, if the county treasurer	22537
consents, may appoint the county treasurer to be the office's	22538
administrative agent for purposes of accepting financial	22539
transaction devices. In order not to be subject to the resolution	22540
of the board of county commissioners adopted under division (B) of	22541
this section, a county office shall notify the board in writing	22542
within thirty days after March 30, 1999, that it accepted	22543
financial transaction devices prior to January 1, 1998, or, in the	22544
case of the office of a clerk of the court of common pleas, the	22545
clerk has accepted or will accept such devices on or before July	22546
1, 1999. Each such notification shall explain how processing costs	22547
associated with financial transaction devices are being paid and	22548
shall indicate whether surcharge or convenience fees are being	22549
passed on to consumers.	22550

(E) A board of county commissioners may establish a surcharge	22551
or convenience fee that may be imposed upon a person making	22552
payment by a financial transaction device. The surcharge or	22553
convenience fee shall not be imposed unless authorized or	22554
otherwise permitted by the rules prescribed by an agreement	22555
governing the use and acceptance of the financial transaction	22556
device.	22557

If a surcharge or convenience fee is imposed, every county	22558
office accepting payment by a financial transaction device,	22559
regardless of whether that office is subject to a resolution	22560
adopted by a board of county commissioners, shall clearly post a	22561
notice in that office and shall notify each person making a	22562
payment by such a device about the surcharge or fee. Notice to	22563
each person making a payment shall be provided regardless of the	22564
medium used to make the payment and in a manner appropriate to	22565
that medium. Each notice shall include all of the following:	22566

(1) A statement that there is a surcharge or convenience fee	22567
for using a financial transaction device;	22568

(2) The total amount of the charge or fee expressed in	22569
dollars and cents for each transaction, or the rate of the charge	22570
or fee expressed as a percentage of the total amount of the	22571
transaction, whichever is applicable;	22572

(3) A clear statement that the surcharge or convenience fee	22573
is nonrefundable.	22574

(F) If a person elects to make a payment to the county by a	22575
financial transaction device and a surcharge or convenience fee is	22576
imposed, the payment of the surcharge or fee shall be considered	22577
voluntary and the surcharge or fee is not refundable.	22578

(G) If a person makes payment by financial transaction device	22579
and the payment is returned or dishonored for any reason, the	22580
person is liable to the county for payment of a penalty over and	22581
above the amount of the expense due. The board of county	22582
commissioners shall determine the amount of the penalty, which may	22583
be either a fee not to exceed twenty dollars or payment of the	22584
amount necessary to reimburse the county for banking charges,	22585
legal fees, or other expenses incurred by the county in collecting	22586
the returned or dishonored payment. The remedies and procedures	22587
provided in this section are in addition to any other available	22588
civil or criminal remedies provided by law.	22589

(H) No person making any payment by financial transaction	22590
device to a county office shall be relieved from liability for the	22591
underlying obligation except to the extent that the county	22592
realizes final payment of the underlying obligation in cash or its	22593
equivalent. If final payment is not made by the financial	22594
transaction device issuer or other guarantor of payment in the	22595
transaction, the underlying obligation shall survive and the	22596
county shall retain all remedies for enforcement that would have	22597
applied if the transaction had not occurred.	22598

(I) A county official or employee who accepts a financial	22599
transaction device payment in accordance with this section and any	22600
applicable state or local policies or rules is immune from	22601
personal liability for the final collection of such payments.	22602

Sec. 306.35. Upon the creation of a regional transit	22603
authority as provided by section 306.32 of the Revised Code, and	22604
upon the qualifying of its board of trustees and the election of a	22605
president and a vice-president, the authority shall exercise in	22606
its own name all the rights, powers, and duties vested in and	22607
conferred upon it by sections 306.30 to 306.53 of the Revised	22608
Code. Subject to any reservations, limitations, and qualifications	22609
that are set forth in those sections, the regional transit	22610
authority:	22611

(A) May sue or be sued in its corporate name;

22612

(B) May make contracts in the exercise of the rights, powers,	22613
and duties conferred upon it;	22614

(C) May adopt and at will alter a seal and use such seal by	22615
causing it to be impressed, affixed, reproduced, or otherwise	22616
used, but failure to affix the seal shall not affect the validity	22617
of any instrument;	22618

(D)(1) May adopt, amend, and repeal bylaws for the	22619
administration of its affairs and rules for the control of the	22620
administration and operation of transit facilities under its	22621
jurisdiction, and for the exercise of all of its rights of	22622
ownership in those transit facilities;	22623

(2) The regional transit authority also may adopt bylaws and	22624
rules for the following purposes:	22625

(a) To prohibit selling, giving away, or using any beer or	22626
intoxicating liquor on transit vehicles or transit property;	22627

(b) For the preservation of good order within or on transit	22628
vehicles or transit property;	22629

(c) To provide for the protection and preservation of all	22630
property and life within or on transit vehicles or transit	22631
property;	22632

(d) To regulate and enforce the collection of fares.

22633

(3) Before a bylaw or rule adopted under division (D)(2) of	22634
this section takes effect, the regional transit authority shall	22635
provide for a notice of its adoption to be published once a week	22636
for two consecutive weeks in a newspaper of general circulation	22637
within the territorial boundaries of the regional transit	22638
authority, or as provided in section 7.16 of the Revised Code.	22639

(4) No person shall violate any bylaw or rule of a regional	22640
transit authority adopted under division (D)(2) of this section.	22641

(E) May fix, alter, and collect fares, rates, and rentals and	22642
other charges for the use of transit facilities under its	22643
jurisdiction to be determined exclusively by it for the purpose of	22644
providing for the payment of the expenses of the regional transit	22645
authority, the acquisition, construction, improvement, extension,	22646
repair, maintenance, and operation of transit facilities under its	22647
jurisdiction, the payment of principal and interest on its	22648
obligations, and to fulfill the terms of any agreements made with	22649
purchasers or holders of any such obligations, or with any person	22650
or political subdivision;	22651

(F) Shall have jurisdiction, control, possession, and	22652
supervision of all property, rights, easements, licenses, moneys,	22653
contracts, accounts, liens, books, records, maps, or other	22654
property rights and interests conveyed, delivered, transferred, or	22655
assigned to it;	22656

(G)(1) Except as provided in division (G)(2) of this section,	22657
may acquire, construct, improve, extend, repair, lease, operate,	22658
maintain, or manage transit facilities within or without its	22659
territorial boundaries, considered necessary to accomplish the	22660
purposes of its organization and make charges for the use of	22661
transit facilities.	22662

(2) ~~Beginning on July 1, 2011, a~~A regional transit authority	22663
shall not ~~extend its service or facilities into a political~~	22664
~~subdivision~~acquire, construct, improve, extend, repair, lease,	22665
operate, maintain, or manage transit facilities outside ~~the~~its	22666
territorial boundaries ~~of the authority without giving prior~~	22667
until:	22668

(a) It has provided written notice of its proposed action to	22669
the legislative authority of ~~the~~any political subdivision~~. The~~	22670
~~legislative authority shall have thirty days after receiving the~~	22671
~~notice to comment on the proposal~~in which the action of the	22672
regional transit authority is proposed to take place; and	22673

(b) It has received from each such affected political	22674
subdivision an agreement containing the terms and conditions for	22675
the regional transit authority action.	22676

(H) May levy and collect taxes as provided in sections 306.40	22677
and 306.49 of the Revised Code;	22678

(I) May issue bonds secured by its general credit as provided	22679
in section 306.40 of the Revised Code;	22680

(J) May hold, encumber, control, acquire by donation, by	22681
purchase for cash or by installment payments, by lease-purchase	22682
agreement, by lease with option to purchase, or by condemnation,	22683
and may construct, own, lease as lessee or lessor, use, and sell,	22684
real and personal property, or any interest or right in real and	22685
personal property, within or without its territorial boundaries,	22686
for the location or protection of transit facilities and	22687
improvements and access to transit facilities and improvements,	22688
the relocation of buildings, structures, and improvements situated	22689
on lands acquired by the regional transit authority, or for any	22690
other necessary purpose, or for obtaining or storing materials to	22691
be used in constructing, maintaining, and improving transit	22692
facilities under its jurisdiction;	22693

(K) May exercise the power of eminent domain to acquire	22694
property or any interest in property, within or without its	22695
territorial boundaries, that is necessary or proper for the	22696
construction or efficient operation of any transit facility or	22697
access to any transit facility under its jurisdiction in	22698
accordance with section 306.36 of the Revised Code;	22699

(L) May provide by agreement with any county, including the	22700
counties within its territorial boundaries, or any municipal	22701
corporation or any combination of counties or municipal	22702
corporations for the making of necessary surveys, appraisals, and	22703
examinations preliminary to the acquisition or construction of any	22704
transit facility and the amount of the expense for the surveys,	22705
appraisals, and examinations to be paid by each such county or	22706
municipal corporation;	22707

(M) May provide by agreement with any county, including the	22708
counties within its territorial boundaries, or any municipal	22709
corporation or any combination of those counties or municipal	22710
corporations for the acquisition, construction, improvement,	22711
extension, maintenance, or operation of any transit facility owned	22712
or to be owned and operated by it or owned or to be owned and	22713
operated by any such county or municipal corporation and the terms	22714
on which it shall be acquired, leased, constructed, maintained, or	22715
operated, and the amount of the cost and expense of the	22716
acquisition, lease, construction, maintenance, or operation to be	22717
paid by each such county or municipal corporation;	22718

(N) May issue revenue bonds for the purpose of acquiring,	22719
replacing, improving, extending, enlarging, or constructing any	22720
facility or permanent improvement that it is authorized to	22721
acquire, replace, improve, extend, enlarge, or construct,	22722
including all costs in connection with and incidental to the	22723
acquisition, replacement, improvement, extension, enlargement, or	22724
construction, and their financing, as provided by section 306.37	22725
of the Revised Code;	22726

(O) May enter into and supervise franchise agreements for the	22727
operation of a transit system;	22728

(P) May accept the assignment of and supervise an existing	22729
franchise agreement for the operation of a transit system;	22730

(Q) May exercise a right to purchase a transit system in	22731
accordance with the acquisition terms of an existing franchise	22732
agreement; and in connection with the purchase the regional	22733
transit authority may issue revenue bonds as provided by section	22734
306.37 of the Revised Code or issue bonds secured by its general	22735
credit as provided in section 306.40 of the Revised Code;	22736

(R) May apply for and accept grants or loans from the United	22737
States, the state, or any other public body for the purpose of	22738
providing for the development or improvement of transit	22739
facilities, mass transportation facilities, equipment, techniques,	22740
methods, or services, and grants or loans needed to exercise a	22741
right to purchase a transit system pursuant to agreement with the	22742
owner of those transit facilities, or for providing lawful	22743
financial assistance to existing transit systems; and may provide	22744
any consideration that may be required in order to obtain those	22745
grants or loans from the United States, the state, or other public	22746
body, either of which grants or loans may be evidenced by the	22747
issuance of revenue bonds as provided by section 306.37 of the	22748
Revised Code or general obligation bonds as provided by section	22749
306.40 of the Revised Code;	22750

(S) May employ and fix the compensation of consulting	22751
engineers, superintendents, managers, and such other engineering,	22752
construction, accounting and financial experts, attorneys, and	22753
other employees and agents necessary for the accomplishment of its	22754
purposes;	22755

(T) May procure insurance against loss to it by reason of	22756
damages to its properties resulting from fire, theft, accident, or	22757
other casualties or by reason of its liability for any damages to	22758
persons or property occurring in the construction or operation of	22759
transit facilities under its jurisdiction or the conduct of its	22760
activities;	22761

(U) May maintain funds that it considers necessary for the	22762
efficient performance of its duties;	22763

(V) May direct its agents or employees, when properly	22764
identified in writing, after at least five days' written notice,	22765
to enter upon lands within or without its territorial boundaries	22766
in order to make surveys and examinations preliminary to the	22767
location and construction of transit facilities, without liability	22768
to it or its agents or employees except for actual damage done;	22769

(W) On its own motion, may request the appropriate zoning	22770
board, as defined in section 4563.03 of the Revised Code, to	22771
establish and enforce zoning regulations pertaining to any transit	22772
facility under its jurisdiction in the manner prescribed by	22773
sections 4563.01 to 4563.21 of the Revised Code;	22774

(X) If it acquires any existing transit system, shall assume	22775
all the employer's obligations under any existing labor contract	22776
between the employees and management of the system. If the board	22777
acquires, constructs, controls, or operates any such facilities,	22778
it shall negotiate arrangements to protect the interests of	22779
employees affected by the acquisition, construction, control, or	22780
operation. The arrangements shall include, but are not limited to:	22781

(1) The preservation of rights, privileges, and benefits	22782
under existing collective bargaining agreements or otherwise, the	22783
preservation of rights and benefits under any existing pension	22784
plans covering prior service, and continued participation in	22785
social security in addition to participation in the public	22786
employees retirement system as required in Chapter 145. of the	22787
Revised Code;	22788

(2) The continuation of collective bargaining rights;

22789

(3) The protection of individual employees against a	22790
worsening of their positions with respect to their employment;	22791

(4) Assurances of employment to employees of those transit	22792
systems and priority reemployment of employees terminated or laid	22793
off;	22794

(5) Paid training or retraining programs;

22795

(6) Signed written labor agreements.

22796

The arrangements may include provisions for the submission of	22797
labor disputes to final and binding arbitration.	22798

(Y) May provide for and maintain security operations,	22799
including a transit police department, subject to section 306.352	22800
of the Revised Code. Regional transit authority police officers	22801
shall have the power and duty to act as peace officers within	22802
transit facilities owned, operated, or leased by the transit	22803
authority to protect the transit authority's property and the	22804
person and property of passengers, to preserve the peace, and to	22805
enforce all laws of the state and ordinances and regulations of	22806
political subdivisions in which the transit authority operates.	22807
Regional transit authority police officers also shall have the	22808
power and duty to act as peace officers when they render emergency	22809
assistance outside their jurisdiction to any other peace officer	22810
who is not a regional transit authority police officer and who has	22811
arrest authority under section 2935.03 of the Revised Code.	22812
Regional transit authority police officers may render emergency	22813
assistance if there is a threat of imminent physical danger to the	22814
peace officer, a threat of physical harm to another person, or any	22815
other serious emergency situation and if either the peace officer	22816
who is assisted requests emergency assistance or it appears that	22817
the peace officer who is assisted is unable to request emergency	22818
assistance and the circumstances observed by the regional transit	22819
authority police officer reasonably indicate that emergency	22820
assistance is appropriate.	22821

Before exercising powers of arrest and the other powers and	22822
duties of a peace officer, each regional transit authority police	22823
officer shall take an oath and give bond to the state in a sum	22824
that the board of trustees prescribes for the proper performance	22825
of the officer's duties.	22826

Persons employed as regional transit authority police	22827
officers shall complete training for the position to which they	22828
have been appointed as required by the Ohio peace officer training	22829
commission as authorized in section 109.77 of the Revised Code, or	22830
be otherwise qualified. The cost of the training shall be provided	22831
by the regional transit authority.	22832

(Z) May procure a policy or policies insuring members of its	22833
board of trustees against liability on account of damages or	22834
injury to persons and property resulting from any act or omission	22835
of a member in the member's official capacity as a member of the	22836
board or resulting solely out of the member's membership on the	22837
board;	22838

(AA) May enter into any agreement for the sale and leaseback	22839
or lease and leaseback of transit facilities, which agreement may	22840
contain all necessary covenants for the security and protection of	22841
any lessor or the regional transit authority including, but not	22842
limited to, indemnification of the lessor against the loss of	22843
anticipated tax benefits arising from acts, omissions, or	22844
misrepresentations of the regional transit authority. In	22845
connection with that transaction, the regional transit authority	22846
may contract for insurance and letters of credit and pay any	22847
premiums or other charges for the insurance and letters of credit.	22848
The fiscal officer shall not be required to furnish any	22849
certificate under section 5705.41 of the Revised Code in	22850
connection with the execution of any such agreement.	22851

(BB) In regard to any contract entered into on or after March	22852
19, 1993, for the rendering of services or the supplying of	22853
materials or for the construction, demolition, alteration, repair,	22854
or reconstruction of transit facilities in which a bond is	22855
required for the faithful performance of the contract, may permit	22856
the person awarded the contract to utilize a letter of credit	22857
issued by a bank or other financial institution in lieu of the	22858
bond;	22859

(CC) May enter into agreements with municipal corporations	22860
located within the territorial jurisdiction of the regional	22861
transit authority permitting regional transit authority police	22862
officers employed under division (Y) of this section to exercise	22863
full arrest powers, as provided in section 2935.03 of the Revised	22864
Code, for the purpose of preserving the peace and enforcing all	22865
laws of the state and ordinances and regulations of the municipal	22866
corporation within the areas that may be agreed to by the regional	22867
transit authority and the municipal corporation.	22868

Sec. 307.07. (A) The board of county commissioners, by	22869
resolution, may create an office of economic development, to	22870
develop and promote plans and programs designed to assure that	22871
county resources are efficiently used, economic growth is properly	22872
balanced, and that county economic development is coordinated with	22873
that of the state and other local governments. For this purpose,	22874
the board may appropriate moneys from the county general fund, or,	22875
pursuant to section 307.64 of the Revised Code, moneys derived	22876
from a tax levied pursuant to division (EE) of section 5705.19 of	22877
the Revised Code, for the creation and operation of the office	22878
for, any economic development purpose of the office, and to	22879
provide for the establishment and operation of a program of	22880
economic development, including in support of a county land	22881
reutilization corporation organized under Chapter 1724. of the	22882
Revised Code. The board may hire a director of economic	22883
development, who shall be a member of the unclassified civil	22884
service, and fix the director's compensation; or may do any of the	22885
following:	22886

(1) Enter into an agreement with a county planning commission	22887
within the county, created under section 713.22 of the Revised	22888
Code, or a regional planning commission, created under section	22889
713.21 of the Revised Code, regardless of whether the county is a	22890
member of the commission, to carry out all of the functions and	22891
duties of a director of economic development under division (B) of	22892
this section. Any agreement shall set forth the procedure by which	22893
the county or regional planning commission shall gain the approval	22894
of the board of county commissioners for any actions, functions,	22895
and duties under division (B) of this section. Any agreement may	22896
continue in effect for a period of one to three years and may be	22897
renewed with the consent of all parties. The civil service status	22898
of planning commission staff shall not be affected by any	22899
agreement under this division.	22900

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	22901
extension ~~service~~, providing for the use of employees hired by the	22902
Ohio state university under section 3335.36 of the Revised Code to	22903
carry out all of the functions and duties of a director of	22904
economic development under division (B) of this section. Any	22905
agreement shall set forth the procedure by which ~~the Ohio~~	22906
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	22907
board of county commissioners for any actions, functions, and	22908
duties under division (B) of this section. Any agreement may	22909
continue in effect for a period of one to three years and may be	22910
renewed with the consent of all parties. The employment	22911
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	22912
shall not be affected by any agreement under this division.	22913

Any moneys appropriated by the board of county commissioners	22914
to execute an agreement for the provision of services pursuant to	22915
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	22916
be paid to the Ohio state university to the credit of the ~~Ohio~~	22917
~~cooperative~~OSU extension ~~service~~ fund created under section	22918
3335.35 of the Revised Code.	22919

(3) Enter into an agreement with a public or private	22920
nonprofit organization to carry out all of the functions and	22921
duties of a director of economic development under division (B) of	22922
this section. The agreement shall set forth the procedure by which	22923
the nonprofit organization shall gain the approval of the board of	22924
county commissioners for any actions, functions, and duties under	22925
that division. The agreement may continue in effect for a period	22926
of one to three years and may be renewed with the consent of all	22927
parties. The employment classification of the nonprofit	22928
organization's employees shall not be affected by an agreement	22929
under this division.	22930

(B) The director of economic development may:

22931

(1) With the approval of the board, hire such staff and	22932
employ such technical and advisory personnel as the director sees	22933
fit to enable the director to carry out the functions and duties	22934
of the office;	22935

(2) With the approval of the board, contract for services	22936
necessary to enable the director to carry out the functions and	22937
duties of the office;	22938

(3) With the approval of the board, enter into agreements	22939
with federal, state, and local governments and agencies thereof,	22940
and with public, private, or nonprofit organizations to carry out	22941
the functions and duties of the office;	22942

(4) Maintain membership in development organizations;

22943

(5) With the approval of the board, make loans or grants and	22944
provide other forms of financial assistance for the purpose of	22945
economic development, including financial assistance for permanent	22946
public improvements, in compliance with applicable laws of this	22947
state, and fix the rate of interest and charges to be made for	22948
such financial assistance;	22949

(6) With the approval of the board, receive and accept	22950
grants, gifts, and contributions of money, property, labor, and	22951
other things of value, to be held, used, and applied only for the	22952
purpose for which they are made, from individuals, private and	22953
public corporations, the United States government or any agency	22954
thereof, from the state or any agency thereof, or from any	22955
political subdivision or any agency thereof, and may agree to	22956
repay any contribution of money or return any property contributed	22957
or the value thereof in amounts, and on terms and conditions,	22958
excluding the payment of interest, as the director determines, and	22959
may evidence the obligations by written evidence;	22960

(7) Establish with the board any funds that are necessary for	22961
the deposit and disbursement of gifts or contributions of money	22962
accepted for economic development purposes;	22963

(8) With the approval of the board, design, implement,	22964
monitor, oversee, and evaluate economic development plans,	22965
programs, strategies, and policies;	22966

(9) Purchase real property to convey to a county land	22967
reutilization corporation to be used in accordance with its public	22968
purposes;	22969

(10) Perform all acts necessary to fulfill the functions and	22970
duties of the office.	22971

(C) The boards of county commissioners of two or more	22972
counties, by resolution, may create a joint office of economic	22973
development for the purposes set forth in division (A) of this	22974
section. The counties participating in a joint office of economic	22975
development shall enter into an agreement that sets forth the	22976
contribution of funds, services, and property to the joint office	22977
from each participating county; establishes the person, public	22978
agency, or nonprofit organization that shall carry out the	22979
functions and duties of the office; and discloses any other terms	22980
by which the joint office shall operate.	22981

The boards of county commissioners of counties participating	22982
in a joint office of economic development may appropriate moneys	22983
from their respective county general funds, or, pursuant to	22984
section 307.64 of the Revised Code, moneys derived from a tax	22985
levied pursuant to division (EE) of section 5705.19 of the Revised	22986
Code, for the creation and operation of the joint office, for any	22987
economic development purpose of the office, and to provide for the	22988
establishment and operation of a program of economic development.	22989
The participating counties may hire a director of economic	22990
development for the joint office or enter into an agreement with a	22991
public agency or nonprofit organization in a manner set forth in	22992
division (A) of this section to carry out the functions and duties	22993
set forth in division (B) of this section.	22994

Any agreement establishing a joint office of economic	22995
development shall set forth the procedure by which the person,	22996
public agency, or nonprofit organization carrying out the	22997
functions and duties of the office shall gain the approval of the	22998
participating boards of county commissioners for any actions,	22999
functions, and duties under division (B) of this section.	23000

(D) As used in this section, "economic development" has the	23001
same meaning as in section 307.64 of the Revised Code.	23002

Sec. 307.674. (A) As used in this section:

23003

(1) "Bonds" means:

23004

(a) Revenue bonds of the port authority described in division	23005
(B)(2)(a) of this section;	23006

(b) Securities as defined in division (KK) of section 133.01	23007
of the Revised Code issued by the host municipal corporation,	23008
described in division (B)(3)(a) of this section;	23009

(c) Any bonds issued to refund any of those revenue bonds or	23010
securities.	23011

(2) "Corporation" means a nonprofit corporation that is	23012
organized under the laws of this state and that includes within	23013
the purposes for which it is incorporated the authorization to	23014
lease and operate facilities such as a port authority educational	23015
and cultural performing arts facility.	23016

(3) "Cost," as applied to a port authority educational and	23017
cultural performing arts facility, means the cost of acquiring,	23018
constructing, renovating, rehabilitating, equipping, or improving	23019
the facility, or any combination of those purposes, collectively	23020
referred to in this section as "construction," and the cost of	23021
acquisition of all land, rights of way, property rights,	23022
easements, franchise rights, and interests required for those	23023
purposes, the cost of demolishing or removing any buildings or	23024
structures on land so acquired, including the cost of acquiring	23025
any land to which those buildings or structures may be moved, the	23026
cost of public utility and common carrier relocation or	23027
duplication, the cost of all machinery, furnishings, and	23028
equipment, financing charges, interest prior to and during	23029
construction and for not more than three years after completion of	23030
construction, costs arising under guaranty agreements,	23031
reimbursement agreements, or other credit enhancement agreements	23032
relating to bonds, engineering, expenses of research and	23033
development with respect to such facility, legal expenses, plans,	23034
specifications, surveys, studies, estimates of costs and revenues,	23035
other expenses necessary or incident to determining the	23036
feasibility or practicability of acquiring or constructing the	23037
facility, administrative expense, and other expenses as may be	23038
necessary or incident to that acquisition or construction and the	23039
financing of such acquisition or construction, including, with	23040
respect to the revenue bonds of a port authority, amounts to be	23041
paid into any special funds from the proceeds of those bonds, and	23042
repayments to the port authority, host county, host municipal	23043
corporation, or corporation of any amounts advanced for the	23044
foregoing purposes.	23045

(4) "Debt service charges" means, for any period or payable	23046
at any time, the principal of and interest and any premium due on	23047
bonds for that period or payable at that time whether due at	23048
maturity or upon mandatory redemption, together with any required	23049
deposits to reserves for the payment of principal of and interest	23050
on those bonds, and includes any payments required by the port	23051
authority to satisfy any of its obligations under or arising from	23052
any guaranty agreements, reimbursement agreements, or other credit	23053
enhancement agreements described in division (C) of this section.	23054

(5) "Host county" means the county within the boundaries of	23055
which the port authority educational and cultural performing arts	23056
facility is or will be located.	23057

(6) "Host municipal corporation" means the municipal	23058
corporation within the boundaries of which the port authority	23059
educational and cultural performing arts facility is or will be	23060
located.	23061

(7) "Port authority" means a port authority created pursuant	23062
to section 4582.22 of the Revised Code.	23063

(8) "Port authority educational and cultural performing arts	23064
facility" means a facility that consists of a center for music or	23065
other performing arts, a theater or other facilities to provide	23066
programs of an educational, recreational, or cultural nature, or	23067
any combination of those purposes as determined by the parties to	23068
the cooperative agreement for which provision is made in division	23069
(B) of this section to fulfill the public educational,	23070
recreational, and cultural purposes set forth therein, together	23071
with all parking facilities, walkways, and other auxiliary	23072
facilities, real and personal property, property rights,	23073
easements, and interests that may be appropriate for, or used in	23074
connection with, the operation of the facility.	23075

(B) A host county, a host municipal corporation, and a port	23076
authority may enter into a cooperative agreement with a	23077
corporation under which, as further provided for in that	23078
agreement:	23079

(1) The host county may agree to do any or all of the	23080
following:	23081

(a) Levy and collect a tax under division (E) and division	23082
(F) of section 5739.09 of the Revised Code for the purposes, and	23083
in an amount sufficient for those purposes, described in divisions	23084
(B)(1)(b) and (c) of this section;	23085

(b) Pay to the port authority all or such portion as provided	23086
for in the cooperative agreement of the revenue from the tax,	23087
together with any investment earnings on that revenue, to be used	23088
to pay a portion of the costs of acquiring, constructing,	23089
renovating, rehabilitating, equipping, or improving the port	23090
authority educational and cultural performing arts facility;	23091

(c) Pledge and pay to the corporation all or such portion as	23092
provided for in the cooperative agreement of the revenue from the	23093
tax, together with any investment earnings on that revenue, to be	23094
used to pay a portion of the costs to the corporation of leasing	23095
the port authority educational and cultural performing arts	23096
facility from the port authority.	23097

(2) The port authority may agree to do any or all of the	23098
following:	23099

(a) Issue its revenue bonds pursuant to section 4582.48 of	23100
the Revised Code for the purpose of paying all or a portion of the	23101
costs of the port authority educational and cultural performing	23102
arts facility;	23103

(b) Acquire, construct, renovate, rehabilitate, equip, and	23104
improve the port authority educational and cultural performing	23105
arts facility;	23106

(c) Lease the port authority educational and cultural	23107
performing arts facility to the corporation;	23108

(d) To the extent provided for in the cooperative agreement	23109
or the lease to the corporation, authorize the corporation to	23110
administer on behalf of the port authority the contracts for	23111
acquiring, constructing, renovating, rehabilitating, or equipping	23112
the port authority educational and cultural performing arts	23113
facility;	23114

(e) Use the revenue derived from the lease of the port	23115
authority educational and cultural performing arts facility to the	23116
corporation solely to pay debt service charges on revenue bonds of	23117
the port authority issued pursuant to division (B)(2)(a) of this	23118
section and to pay its obligations under or arising from any	23119
guaranty agreements, reimbursement agreements, or other credit	23120
enhancement agreements provided for in this section.	23121

(3) The host municipal corporation may agree to do either or	23122
both of the following:	23123

(a) Issue its bonds for the purpose of paying all or a	23124
portion of the costs of the port authority educational and	23125
cultural performing arts facility, and pay the proceeds from the	23126
issuance to the port authority for that purpose;	23127

(b) Enter into a guaranty agreement, a reimbursement	23128
agreement, or other credit enhancement agreement with the port	23129
authority to provide a guaranty or other credit enhancement of the	23130
port authority revenue bonds referred to in division (B)(2)(a) of	23131
this section pledging taxes, other than ad valorem property taxes,	23132
or other revenues for the purpose of providing the funds required	23133
to satisfy the host municipal corporation's obligations under that	23134
agreement.	23135

The cooperative agreement may provide that the proceeds of	23136
such securities or of such guaranty agreement, reimbursement	23137
agreement, or other credit enhancement agreement be deposited with	23138
and administered by the trustee pursuant to the trust agreement	23139
authorized in division (C) of this section.	23140

(4) The corporation may agree to do any or all of the	23141
following:	23142

(a) Lease the port authority educational and cultural	23143
performing arts facility from the port authority;	23144

(b) Operate and maintain the port authority educational and	23145
cultural performing arts facility pursuant to the lease;	23146

(c) To the extent provided for in the cooperative agreement	23147
or the lease from the port authority, administer on behalf of the	23148
port authority the contracts for acquiring, constructing,	23149
renovating, rehabilitating, or equipping the port authority	23150
educational and cultural performing arts facility.	23151

(C) The pledge and payments referred to in divisions	23152
(B)(1)(b) and (c) of this section and provided for in the	23153
cooperative agreement shall be for the period stated in the	23154
cooperative agreement but shall not extend longer than the period	23155
necessary to provide for the final retirement of the port	23156
authority revenue bonds referred to in division (B)(2)(a) of this	23157
section, and for the satisfaction by the port authority of any of	23158
its obligations under or arising from any guaranty agreements,	23159
reimbursement agreements, or other credit enhancement agreements	23160
relating to those bonds or to the revenues pledged to them. The	23161
cooperative agreement shall provide for the termination of the	23162
cooperative agreement, including the pledge and payment referred	23163
to in division (B)(1)(c) of this section, if the port authority	23164
revenue bonds referred to in division (B)(2)(a) of this section	23165
have not been issued, sold, and delivered within five years of the	23166
effective date of the cooperative agreement.	23167

The cooperative agreement shall provide that any port	23168
authority revenue bonds shall be secured by a trust agreement	23169
between the port authority and a corporate trustee that is a trust	23170
company or bank having the powers of a trust company within or	23171
outside the state but authorized to exercise trust powers within	23172
the state. The host county may be a party to that trust agreement	23173
for the purpose of better securing the pledge by the host county	23174
of its payment to the corporation pursuant to division (B)(1)(c)	23175
of this section. A tax levied pursuant to section 5739.09 of the	23176
Revised Code for the purposes specified in division (B)(1)(b) or	23177
(c) of this section is not subject to diminution by initiative or	23178
referendum or diminution by statute, unless provision is made for	23179
an adequate substitute reasonably satisfactory to the trustee	23180
under the trust agreement that secures the port authority revenue	23181
bonds.	23182

(D) A pledge of money by a host county under this section	23183
shall not be net indebtedness of the host county for purposes of	23184
section 133.07 of the Revised Code. A guaranty or other credit	23185
enhancement by a host municipal corporation under this section	23186
shall not be net indebtedness of the host municipal corporation	23187
for purposes of section 133.05 of the Revised Code.	23188

(E) If the terms of the cooperative agreement so provide, any	23189
contract for the acquisition, construction, renovation,	23190
rehabilitation, equipping, or improving of a port authority	23191
educational and cultural performing arts facility shall be made in	23192
such manner as is determined by the board of directors of the port	23193
authority, and unless the cooperative agreement provides	23194
otherwise, such a contract is not subject to division (R)(2) of	23195
section 4582.31 of the Revised Code. The port authority may take	23196
the assignment of and assume any contracts for the acquisition,	23197
construction, renovation, rehabilitation, equipping, or improving	23198
of a port authority educational and cultural performing arts	23199
facility that had previously been authorized by any of the host	23200
county, the host municipality, or the corporation. Such contracts	23201
are not subject to division (R)(2) of section 4582.31 of the	23202
Revised Code.	23203

Any contract for the acquisition, construction, renovation,	23204
rehabilitation, equipping, or improving of a port authority	23205
educational and cultural performing arts facility entered into,	23206
assigned, or assumed pursuant to this division shall provide that	23207
all laborers and mechanics employed for the acquisition,	23208
construction, renovation, rehabilitation, equipping, or improving	23209
of that facility shall be paid at the prevailing rates of wages of	23210
laborers and mechanics for the class of work called for by the	23211
port authority educational and cultural performing arts facility,	23212
which wages shall be determined in accordance with the	23213
requirements of Chapter 4115. of the Revised Code for the	23214
determination of prevailing wage rates.	23215

Notwithstanding any provisions to the contrary in section	23216
~~3383.07~~123.281 of the Revised Code, construction services and	23217
general building services for a port authority educational and	23218
cultural performing arts facility funded completely or in part	23219
with money appropriated by the state to the Ohio ~~cultural~~	23220
facilities construction commission may be provided by a port	23221
authority or a corporation that occupies, will occupy, or is	23222
responsible for that facility, as determined by the commission.	23223
The construction services and general building services to be	23224
provided by the port authority or the corporation shall be	23225
specified in an agreement between the commission and the port	23226
authority or corporation. That agreement, or any actions taken	23227
under it, are not subject to Chapters 123. or 153. of the Revised	23228
Code, but are subject to Chapter 4115. of the Revised Code.	23229

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

23230

(1) "Sports facility" has the same meaning as in section	23231
307.696 of the Revised Code.	23232

(2) "Residual cash" has the same meaning as in division	23233
(B)(5) of section 5709.081 of the Revised Code.	23234

(B) Any political subdivision or subdivisions or any	23235
corporation that owns a sports facility that is both constructed	23236
under section 307.696 of the Revised Code and includes property	23237
exempt from taxation under division (B) of section 5709.081 of the	23238
Revised Code, shall make an annual service payment in lieu of	23239
taxes on the exempt property for each tax year beginning with the	23240
first tax year in which the facility or part thereof is used by a	23241
major league professional athletic team for its home schedule. The	23242
amount of the service payment for a tax year shall be determined	23243
by the county auditor under division (D) of this section.	23244

(C) On or before the first day of September each year, the	23245
owner of property to which this section applies shall file both of	23246
the following with the county auditor:	23247

(1) A return in the same form as under section 5711.02 of the	23248
Revised Code listing all its exempt tangible personal property as	23249
of the first day of August of that year;	23250

(2) An audited financial statement certified by the owner and	23251
reflecting the actual receipts, revenue, expenses, expenditures,	23252
net income, and residual cash derived from the property during the	23253
most recently ended calendar year.	23254

For the purposes of this section, the county auditor shall	23255
determine the true value of the real and tangible personal	23256
property owned by the political subdivision or subdivisions or the	23257
corporation and included in the sports facility, including the	23258
taxable portion thereof, by capitalizing at an appropriate rate	23259
the net income of the owner derived from that property. The	23260
auditor shall use the net income as certified in the owner's	23261
financial statement, unless hethe auditor determines that the	23262
amount so certified is inaccurate, in which event hethe auditor	23263
shall determine the accurate amount of net income to be	23264
capitalized. The county auditor shall compute net income before	23265
debt service, and shall not include any revenue from county taxes	23266
as defined in division (A)(1) of section 307.696 of the Revised	23267
Code. The true value so determined shall be allocated between real	23268
and tangible personal property and assessed for the purposes of	23269
this section at the appropriate percentages provided by law for	23270
determining taxable values.	23271

Using information reported or determined under this division,	23272
the county auditor shall determine the amount of putative taxes	23273
for the property for that tax year. As used in this section,	23274
"putative taxes" means the greater of one million dollars or the	23275
amount of property taxes that would have been charged and payable	23276
if all the real and tangible personal property owned by the	23277
political subdivision or subdivisions or the corporation and	23278
included in the sports facility was subject to taxation.	23279

(D) On or before the date that is sixty days before the date	23280
that the first payment of real property taxes are due without	23281
penalty under Chapter 323. of the Revised Code each tax year, the	23282
county auditor shall determine the amount of service payments for	23283
that tax year for property to which this section applies in the	23284
following manner:	23285

(1) The county auditor shall deduct from the amount of	23286
putative taxes under division (C) of this section any taxes	23287
assessed against the taxable portion of the sports facility owned	23288
by any of the entities in division (B)(1) of section 5709.081 of	23289
the Revised Code, any amounts paid by a municipal corporation	23290
under section 5709.082 of the Revised Code as a result of the	23291
exempt property, and any amounts available in the construction	23292
payments account established under division (G)(1) of this section	23293
as are required to make the total deductions under this division	23294
equal to one million dollars.	23295

(2) The county auditor shall fix the amount of the service	23296
payments for a tax year at the amount of the putative taxes minus	23297
deductions under division (D)(1) of this section. However, any	23298
amount of service payments required because the putative taxes	23299
exceed one million dollars shall not exceed the amount of residual	23300
cash of the owner of the exempt property as reported in division	23301
(C) of this section that would otherwise accrue to the political	23302
subdivision or subdivisions pursuant to division (B)(5) of section	23303
5709.081 of the Revised Code if no service payments were imposed	23304
under this section.	23305

(3) If the exempt property is an improvement under division	23306
(C)(2) of section 5709.081 of the Revised Code, the county auditor	23307
shall determine the percentage which such improvement constitutes	23308
of the total sports facility and shall substitute for the	23309
one-million-dollar amount, wherever it appears in this section, an	23310
amount equal to such percentage multiplied by one million dollars.	23311
The percentage shall be determined by dividing the reproduction	23312
cost new of the improvement by the reproduction cost new of the	23313
total sports facility including the improvement, owned by any of	23314
the entities under division (B)(1) of section 5709.081 of the	23315
Revised Code.	23316

(E) On or before the date that is sixty days before the date	23317
that the first payment of real property taxes are due without	23318
penalty under Chapter 323. of the Revised Code each tax year, the	23319
county auditor shall certify and send notice by certified mail to	23320
the owner of the property of the amount and the calculation of the	23321
service payments charged that tax year, including the separate	23322
valuations determined for the real and tangible personal property,	23323
the capitalization rate used, the separate deductions allowed	23324
under division (D) of this section, and any claimed inaccuracies	23325
in net income determined under division (C) of this section.	23326

The service payments for a tax year shall be charged and	23327
collected in the same manner as real property taxes for that tax	23328
year. Revenue collected as service payments shall be distributed	23329
to the taxing districts that would have received property tax	23330
revenue from the exempt property if it was not exempt, for the tax	23331
year for which the payments are made, in the same proportions as	23332
property taxes are distributed. However, if the sum of the	23333
deductions allowed under division (D) of this section and the	23334
service payments exceeds one million dollars, any service payments	23335
in excess of one million dollars shall first be paid to the	23336
municipal corporation to reimburse it for the payments made under	23337
section 5709.082 of the Revised Code from the inception of such	23338
payments. Any such payments to the municipal corporation shall be	23339
deducted from the municipal payments account established under	23340
division (G)(2) of this section.	23341

(F) The owner of property exempt from taxation under section	23342
5709.081 of the Revised Code or ~~persons and political subdivisions~~	23343
~~entitled to file complaints under section 5715.19 of the Revised~~	23344
~~Code~~any of the taxing districts may appeal the determination of	23345
the annual service payments required by this section to the board	23346
of revision in the county in which the exempt property is located	23347
within the time period for filing complaints under section 5715.19	23348
of the Revised Code. The appeal shall be taken by filing a	23349
complaint with that board which need not be on the form prescribed	23350
for other complaints filed under section 5715.19 of the Revised	23351
Code but which shall include an identification of the exempt	23352
property, a copy of the auditor's certification to the owner, a	23353
calculation of the service payments claimed to be correct and a	23354
statement of the errors in the auditor's determination. Upon	23355
receipt of such complaint, the board of revision shall notify the	23356
county auditor of the county in which the exempt property is	23357
located, who shall, within thirty days of such notice, certify to	23358
the board of revision a transcript of the record of the	23359
proceedings of the county auditor pertaining to the determination	23360
of the annual service payments. Any complaint filed under this	23361
section shall be regarded as a complaint for the purposes of	23362
divisions (B), (C), (E), (F), (G), and (H) of section 5715.19 of	23363
the Revised Code. The board of revision shall order the hearing of	23364
evidence and shall determine the amount of service payments due	23365
and payable pursuant to this section.	23366

(G) The county auditor of the county in which the exempt	23367
property is located shall establish the following two accounts:	23368

(1) A construction payments account to which shall be posted	23369
all payments made by a municipal corporation pursuant to section	23370
5709.082 of the Revised Code on account of such property derived	23371
from persons employed at the site of the sports facility in the	23372
construction of the facility. Deductions shall be made from such	23373
account as provided in division (D) of this section until the	23374
amounts so posted are exhausted;.	23375

(2) A municipal payments reimbursement account to which shall	23376
be posted all payments made by a municipal corporation pursuant to	23377
section 5709.082 of the Revised Code on account of such property	23378
including those posted under division (G)(1) of this section.	23379
Deductions shall be made from the municipal payments reimbursement	23380
account for reimbursements to the municipal corporation made under	23381
division (E) of this section until the amounts posted are	23382
exhausted.	23383

Sec. 307.86. Anything to be purchased, leased, leased with	23384
an option or agreement to purchase, or constructed, including, but	23385
not limited to, any product, structure, construction,	23386
reconstruction, improvement, maintenance, repair, or service,	23387
except the services of an accountant, architect, attorney at law,	23388
physician, professional engineer, construction project manager,	23389
consultant, surveyor, or appraiser, by or on behalf of the county	23390
or contracting authority, as defined in section 307.92 of the	23391
Revised Code, at a cost in excess of fifty thousand dollars,	23392
except as otherwise provided in division (D) of section 713.23 and	23393
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	23394
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	23395
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	23396
Code, shall be obtained through competitive bidding. However,	23397
competitive bidding is not required when any of the following	23398
applies:	23399

(A) The board of county commissioners, by a unanimous vote of	23400
its members, makes a determination that a real and present	23401
emergency exists, and that determination and the reasons for it	23402
are entered in the minutes of the proceedings of the board, when	23403
either of the following applies:	23404

(1) The estimated cost is less than one hundred thousand	23405
dollars.	23406

(2) There is actual physical disaster to structures, radio	23407
communications equipment, or computers.	23408

For purposes of this division, "unanimous vote" means all	23409
three members of a board of county commissioners when all three	23410
members are present, or two members of the board if only two	23411
members, constituting a quorum, are present.	23412

Whenever a contract of purchase, lease, or construction is	23413
exempted from competitive bidding under division (A)(1) of this	23414
section because the estimated cost is less than one hundred	23415
thousand dollars, but the estimated cost is fifty thousand dollars	23416
or more, the county or contracting authority shall solicit	23417
informal estimates from no fewer than three persons who could	23418
perform the contract, before awarding the contract. With regard to	23419
each such contract, the county or contracting authority shall	23420
maintain a record of such estimates, including the name of each	23421
person from whom an estimate is solicited. The county or	23422
contracting authority shall maintain the record for the longer of	23423
at least one year after the contract is awarded or the amount of	23424
time the federal government requires.	23425

(B)(1) The purchase consists of supplies or a replacement or	23426
supplemental part or parts for a product or equipment owned or	23427
leased by the county, and the only source of supply for the	23428
supplies, part, or parts is limited to a single supplier.	23429

(2) The purchase consists of services related to information	23430
technology, such as programming services, that are proprietary or	23431
limited to a single source.	23432

(C) The purchase is from the federal government, the state,	23433
another county or contracting authority of another county, or a	23434
board of education, educational service center, township, or	23435
municipal corporation.	23436

(D) The purchase is made by a county department of job and	23437
family services under section 329.04 of the Revised Code and	23438
consists of family services duties or workforce development	23439
activities or is made by a county board of developmental	23440
disabilities under section 5126.05 of the Revised Code and	23441
consists of program services, such as direct and ancillary client	23442
services, child care, case management services, residential	23443
services, and family resource services.	23444

(E) The purchase consists of criminal justice services,	23445
social services programs, family services, or workforce	23446
development activities by the board of county commissioners from	23447
nonprofit corporations or associations under programs funded by	23448
the federal government or by state grants.	23449

(F) The purchase consists of any form of an insurance policy	23450
or contract authorized to be issued under Title XXXIX of the	23451
Revised Code or any form of health care plan authorized to be	23452
issued under Chapter 1751. of the Revised Code, or any combination	23453
of such policies, contracts, plans, or services that the	23454
contracting authority is authorized to purchase, and the	23455
contracting authority does all of the following:	23456

(1) Determines that compliance with the requirements of this	23457
section would increase, rather than decrease, the cost of the	23458
purchase;	23459

(2) Requests issuers of the policies, contracts, plans, or	23460
services to submit proposals to the contracting authority, in a	23461
form prescribed by the contracting authority, setting forth the	23462
coverage and cost of the policies, contracts, plans, or services	23463
as the contracting authority desires to purchase;	23464

(3) Negotiates with the issuers for the purpose of purchasing	23465
the policies, contracts, plans, or services at the best and lowest	23466
price reasonably possible.	23467

(G) The purchase consists of computer hardware, software, or	23468
consulting services that are necessary to implement a computerized	23469
case management automation project administered by the Ohio	23470
prosecuting attorneys association and funded by a grant from the	23471
federal government.	23472

(H) Child care services are purchased for provision to county	23473
employees.	23474

(I)(1) Property, including land, buildings, and other real	23475
property, is leased for offices, storage, parking, or other	23476
purposes, and all of the following apply:	23477

(a) The contracting authority is authorized by the Revised	23478
Code to lease the property.	23479

(b) The contracting authority develops requests for proposals	23480
for leasing the property, specifying the criteria that will be	23481
considered prior to leasing the property, including the desired	23482
size and geographic location of the property.	23483

(c) The contracting authority receives responses from	23484
prospective lessors with property meeting the criteria specified	23485
in the requests for proposals by giving notice in a manner	23486
substantially similar to the procedures established for giving	23487
notice under section 307.87 of the Revised Code.	23488

(d) The contracting authority negotiates with the prospective	23489
lessors to obtain a lease at the best and lowest price reasonably	23490
possible considering the fair market value of the property and any	23491
relocation and operational costs that may be incurred during the	23492
period the lease is in effect.	23493

(2) The contracting authority may use the services of a real	23494
estate appraiser to obtain advice, consultations, or other	23495
recommendations regarding the lease of property under this	23496
division.	23497

(J) The purchase is made pursuant to section 5139.34 or	23498
sections 5139.41 to 5139.46 of the Revised Code and is of programs	23499
or services that provide case management, treatment, or prevention	23500
services to any felony or misdemeanant delinquent, unruly youth,	23501
or status offender under the supervision of the juvenile court,	23502
including, but not limited to, community residential care, day	23503
treatment, services to children in their home, or electronic	23504
monitoring.	23505

(K) The purchase is made by a public children services agency	23506
pursuant to section 307.92 or 5153.16 of the Revised Code and	23507
consists of family services, programs, or ancillary services that	23508
provide case management, prevention, or treatment services for	23509
children at risk of being or alleged to be abused, neglected, or	23510
dependent children.	23511

(L) The purchase is to obtain the services of emergency	23512
medical service organizations under a contract made by the board	23513
of county commissioners pursuant to section 307.05 of the Revised	23514
Code with a joint emergency medical services district.	23515

(M) The county contracting authority determines that the use	23516
of competitive sealed proposals would be advantageous to the	23517
county and the contracting authority complies with section 307.862	23518
of the Revised Code.	23519

Any issuer of policies, contracts, plans, or services listed	23520
in division (F) of this section and any prospective lessor under	23521
division (I) of this section may have the issuer's or prospective	23522
lessor's name and address, or the name and address of an agent,	23523
placed on a special notification list to be kept by the	23524
contracting authority, by sending the contracting authority that	23525
name and address. The contracting authority shall send notice to	23526
all persons listed on the special notification list. Notices shall	23527
state the deadline and place for submitting proposals. The	23528
contracting authority shall mail the notices at least six weeks	23529
prior to the deadline set by the contracting authority for	23530
submitting proposals. Every five years the contracting authority	23531
may review this list and remove any person from the list after	23532
mailing the person notification of that action.	23533

Any contracting authority that negotiates a contract under	23534
division (F) of this section shall request proposals and negotiate	23535
with issuers in accordance with that division at least every three	23536
years from the date of the signing of such a contract, unless the	23537
parties agree upon terms for extensions or renewals of the	23538
contract. Such extension or renewal periods shall not exceed six	23539
years from the date the initial contract is signed.	23540

Any real estate appraiser employed pursuant to division (I)	23541
of this section shall disclose any fees or compensation received	23542
from any source in connection with that employment.	23543

Sec. 309.09. (A) The prosecuting attorney shall be the legal	23544
adviser of the board of county commissioners, board of elections,	23545
all other county officers and boards, and all tax-supported public	23546
libraries, and any of them may require written opinions or	23547
instructions from the prosecuting attorney in matters connected	23548
with their official duties. The prosecuting attorney shall	23549
prosecute and defend all suits and actions that any such officer,	23550
board, or tax-supported public library directs or to which it is a	23551
party, and no county officer may employ any other counsel or	23552
attorney at the expense of the county, except as provided in	23553
section 305.14 of the Revised Code.	23554

(B)(1) The prosecuting attorney shall be the legal adviser	23555
for all township officers, boards, and commissions, unless,	23556
subject to division (B)(2) of this section, the township has	23557
adopted a limited home rule government pursuant to Chapter 504. of	23558
the Revised Code and has not entered into a contract to have the	23559
prosecuting attorney serve as the township law director, in which	23560
case, subject to division (B)(2) of this section, the township law	23561
director, whether serving full-time or part-time, shall be the	23562
legal adviser for all township officers, boards, and commissions.	23563
When the board of township trustees finds it advisable or	23564
necessary to have additional legal counsel, it may employ an	23565
attorney other than the township law director or the prosecuting	23566
attorney of the county, either for a particular matter or on an	23567
annual basis, to represent the township and its officers, boards,	23568
and commissions in their official capacities and to advise them on	23569
legal matters. No such legal counsel may be employed, except on	23570
the order of the board of township trustees, duly entered upon its	23571
journal, in which the compensation to be paid for the legal	23572
services shall be fixed. The compensation shall be paid from the	23573
township fund.	23574

Nothing in this division confers any of the powers or duties	23575
of a prosecuting attorney under section 309.08 of the Revised Code	23576
upon a township law director.	23577

(2)(a) If any township in the county served by the	23578
prosecuting attorney has adopted any resolution regarding the	23579
operation of adult entertainment establishments pursuant to the	23580
authority that is granted under section 503.52 of the Revised Code	23581
or if a resolution of that nature has been adopted under section	23582
503.53 of the Revised Code in a township in the county served by	23583
the prosecuting attorney, all of the following apply:	23584

(i) Upon the request of a township in the county that has	23585
adopted, or in which has been adopted, a resolution of that nature	23586
that is made pursuant to division (E)(1)(c) of section 503.52 of	23587
the Revised Code, the prosecuting attorney shall prosecute and	23588
defend on behalf of the township in the trial and argument in any	23589
court or tribunal of any challenge to the validity of the	23590
resolution. If the challenge to the validity of the resolution is	23591
before a federal court, the prosecuting attorney may request the	23592
attorney general to assist the prosecuting attorney in prosecuting	23593
and defending the challenge and, upon the prosecuting attorney's	23594
making of such a request, the attorney general shall assist the	23595
prosecuting attorney in performing that service if the resolution	23596
was drafted in accordance with legal guidance provided by the	23597
attorney general as described in division (B)(2) of section 503.52	23598
of the Revised Code. The attorney general shall provide this	23599
assistance without charge to the township for which the service is	23600
performed. If a township adopts a resolution without the legal	23601
guidance of the attorney general, the attorney general is not	23602
required to provide assistance as described in this division to a	23603
prosecuting attorney.	23604

(ii) Upon the request of a township in the county that has	23605
adopted, or in which has been adopted, a resolution of that nature	23606
that is made pursuant to division (E)(1)(a) of section 503.52 of	23607
the Revised Code, the prosecuting attorney shall prosecute and	23608
defend on behalf of the township a civil action to enjoin the	23609
violation of the resolution in question.	23610

(iii) Upon the request of a township in the county that has	23611
adopted, or in which has been adopted, a resolution of that nature	23612
that is made pursuant to division (E)(1)(b) of section 503.52 of	23613
the Revised Code, the prosecuting attorney shall prosecute and	23614
defend on behalf of the township a civil action under Chapter	23615
3767. of the Revised Code to abate as a nuisance the place in the	23616
unincorporated area of the township at which the resolution is	23617
being or has been violated. Proceeds from the sale of personal	23618
property or contents seized pursuant to the action shall be	23619
applied and deposited in accordance with division (E)(1)(b) of	23620
section 503.52 of the Revised Code.	23621

(b) The provisions of division (B)(2)(a) of this section	23622
apply regarding all townships, including townships that have	23623
adopted a limited home rule government pursuant to Chapter 504. of	23624
the Revised Code, and regardless of whether a township that has so	23625
adopted a limited home rule government has entered into a contract	23626
with the prosecuting attorney as described in division (B) of	23627
section 504.15 of the Revised Code or has appointed a law director	23628
as described in division (A) of that section.	23629

The prosecuting attorney shall prosecute and defend in the	23630
actions and proceedings described in division (B)(2)(a) of this	23631
section without charge to the township for which the services are	23632
performed.	23633

(C) Whenever the board of county commissioners employs an	23634
attorney other than the prosecuting attorney of the county,	23635
without the authorization of the court of common pleas as provided	23636
in section 305.14 of the Revised Code, either for a particular	23637
matter or on an annual basis, to represent the board in its	23638
official capacity and to advise it on legal matters, the board	23639
shall enter upon its journal an order of the board in which the	23640
compensation to be paid for the legal services shall be fixed. The	23641
compensation shall be paid from the county general fund. The total	23642
compensation paid, in any year, by the board for legal services	23643
under this division shall not exceed the total annual compensation	23644
of the prosecuting attorney for that county.	23645

(D) The prosecuting attorney and the board of county	23646
commissioners jointly may contract with a board of park	23647
commissioners under section 1545.07 of the Revised Code for the	23648
prosecuting attorney to provide legal services to the park	23649
district the board of park commissioners operates.	23650

(E) The prosecuting attorney may be, in the prosecuting	23651
attorney's discretion and with the approval of the board of county	23652
commissioners, the legal adviser of a joint fire district created	23653
under section 505.371 of the Revised Code at no cost to the	23654
district or may be the legal adviser to the district under a	23655
contract that the prosecuting attorney and the district enter	23656
into, and that the board of county ~~commissioner~~commissioners	23657
approves, to authorize the prosecuting attorney to provide legal	23658
services to the district.	23659

(F) The prosecuting attorney may be, in the prosecuting	23660
attorney's discretion and with the approval of the board of county	23661
commissioners, the legal adviser of a joint ambulance district	23662
created under section 505.71 of the Revised Code at no cost to the	23663
district or may be the legal adviser to the district under a	23664
contract that the prosecuting attorney and the district enter	23665
into, and that the board of county commissioners approves, to	23666
authorize the prosecuting attorney to provide legal services to	23667
the district.	23668

(G) The prosecuting attorney may be, in the prosecuting	23669
attorney's discretion and with the approval of the board of county	23670
commissioners, the legal adviser of a joint emergency medical	23671
services district created under section 307.052 of the Revised	23672
Code at no cost to the district or may be the legal adviser to the	23673
district under a contract that the prosecuting attorney and the	23674
district enter into, and that the board of county commissioners	23675
approves, to authorize the prosecuting attorney to provide legal	23676
services to the district.	23677

(H) The prosecuting attorney may be, in the prosecuting	23678
attorney's discretion and with the approval of the board of county	23679
commissioners, the legal adviser of a fire and ambulance district	23680
created under section 505.375 of the Revised Code at no cost to	23681
the district or may be the legal adviser to the district under a	23682
contract that the prosecuting attorney and the district enter	23683
into, and that the board of county commissioners approves, to	23684
authorize the prosecuting attorney to provide legal services to	23685
the district.	23686

(I) All money received pursuant to a contract entered into	23687
under division (D), (E), (F), (G), or (H) of this section shall be	23688
deposited into the prosecuting attorney's legal services fund,	23689
which shall be established in the county treasury of each county	23690
in which such a contract exists. Moneys in that fund may be	23691
appropriated only to the prosecuting attorney for the purpose of	23692
providing legal services to a park district, joint fire district,	23693
joint ambulance district, joint emergency medical services	23694
district, or a fire and ambulance district, as applicable, under a	23695
contract entered into under the applicable division.	23696

(J) The prosecuting attorney shall be the legal advisor of a	23697
lake facilities authority as provided in section 353.02 of the	23698
Revised Code.	23699

Sec. 317.08. (A) Except as provided in divisions (C), (D),	23700
and (E) of this section, the county recorder shall keep six	23701
separate sets of records as follows:	23702

(1) A record of deeds, in which shall be recorded all deeds	23703
and other instruments of writing for the absolute and	23704
unconditional sale or conveyance of lands, tenements, and	23705
hereditaments; all notices as provided in sections 5301.47 to	23706
5301.56 of the Revised Code; all judgments or decrees in actions	23707
brought under section 5303.01 of the Revised Code; all	23708
declarations and bylaws, and all amendments to declarations and	23709
bylaws, as provided in Chapter 5311. of the Revised Code;	23710
affidavits as provided in sections 5301.252 and 5301.56 of the	23711
Revised Code; all certificates as provided in section 5311.17 of	23712
the Revised Code; all articles dedicating archaeological preserves	23713
accepted by the director of the Ohio historical society under	23714
section 149.52 of the Revised Code; all articles dedicating nature	23715
preserves accepted by the director of natural resources under	23716
section 1517.05 of the Revised Code; ~~all agreements for the~~	23717
~~registration of lands as archaeological or historic landmarks~~	23718
~~under section 149.51 or 149.55 of the Revised Code;~~ all	23719
conveyances of conservation easements and agricultural easements	23720
under section 5301.68 of the Revised Code; all instruments	23721
extinguishing agricultural easements under section 901.21 or	23722
5301.691 of the Revised Code or pursuant to terms of such an	23723
easement granted to a charitable organization under section	23724
5301.68 of the Revised Code; all instruments or orders described	23725
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	23726
no further action letters issued under section 122.654 or 3746.11	23727
of the Revised Code; all covenants not to sue issued under section	23728
3746.12 of the Revised Code, including all covenants not to sue	23729
issued pursuant to section 122.654 of the Revised Code; any	23730
restrictions on the use of property contained in a no further	23731
action letter issued under section 122.654 of the Revised Code,	23732
any restrictions on the use of property identified pursuant to	23733
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	23734
restrictions on the use of property contained in a deed or other	23735
instrument as provided in division (E) or (F) of section 3737.882	23736
of the Revised Code; any easement executed or granted under	23737
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	23738
any environmental covenant entered into in accordance with	23739
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	23740
trust, as described in division (A) of section 5301.255 of the	23741
Revised Code, that describe specific real property; and all	23742
agreements entered into under division (A) of section 1506.44 of	23743
the Revised Code;	23744

(2) A record of mortgages, in which shall be recorded all of	23745
the following:	23746

(a) All mortgages, including amendments, supplements,	23747
modifications, and extensions of mortgages, or other instruments	23748
of writing by which lands, tenements, or hereditaments are or may	23749
be mortgaged or otherwise conditionally sold, conveyed, affected,	23750
or encumbered;	23751

(b) All executory installment contracts for the sale of land	23752
executed after September 29, 1961, that by their terms are not	23753
required to be fully performed by one or more of the parties to	23754
them within one year of the date of the contracts;	23755

(c) All options to purchase real estate, including	23756
supplements, modifications, and amendments of the options, but no	23757
option of that nature shall be recorded if it does not state a	23758
specific day and year of expiration of its validity;	23759

(d) Any tax certificate sold under section 5721.33 of the	23760
Revised Code, or memorandum of it, that is presented for filing of	23761
record.	23762

(3) A record of powers of attorney, including all memoranda	23763
of trust, as described in division (A) of section 5301.255 of the	23764
Revised Code, that do not describe specific real property;	23765

(4) A record of plats, in which shall be recorded all plats	23766
and maps of town lots, of the subdivision of town lots, and of	23767
other divisions or surveys of lands, any center line survey of a	23768
highway located within the county, the plat of which shall be	23769
furnished by the director of transportation or county engineer,	23770
and all drawings and amendments to drawings, as provided in	23771
Chapter 5311. of the Revised Code;	23772

(5) A record of leases, in which shall be recorded all	23773
leases, memoranda of leases, and supplements, modifications, and	23774
amendments of leases and memoranda of leases;	23775

(6) A record of declarations executed pursuant to section	23776
2133.02 of the Revised Code and durable powers of attorney for	23777
health care executed pursuant to section 1337.12 of the Revised	23778
Code.	23779

(B) All instruments or memoranda of instruments entitled to	23780
record shall be recorded in the proper record in the order in	23781
which they are presented for record. The recorder may index, keep,	23782
and record in one volume unemployment compensation liens, internal	23783
revenue tax liens and other liens in favor of the United States as	23784
described in division (A) of section 317.09 of the Revised Code,	23785
personal tax liens, mechanic's liens, agricultural product liens,	23786
notices of liens, certificates of satisfaction or partial release	23787
of estate tax liens, discharges of recognizances, excise and	23788
franchise tax liens on corporations, broker's liens, and liens	23789
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	23790
5164.56, and 5311.18 of the Revised Code.	23791

The recording of an option to purchase real estate, including	23792
any supplement, modification, and amendment of the option, under	23793
this section shall serve as notice to any purchaser of an interest	23794
in the real estate covered by the option only during the period of	23795
the validity of the option as stated in the option.	23796

(C) In lieu of keeping the six separate sets of records	23797
required in divisions (A)(1) to (6) of this section and the	23798
records required in divisions (D) and (E) of this section, a	23799
county recorder may record all the instruments required to be	23800
recorded by this section in two separate sets of record books. One	23801
set shall be called the "official records" and shall contain the	23802
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	23803
(D) and (E) of this section. The second set of records shall	23804
contain the instruments listed in division (A)(4) of this section.	23805

(D) Except as provided in division (C) of this section, the	23806
county recorder shall keep a separate set of records containing	23807
all corrupt activity lien notices filed with the recorder pursuant	23808
to section 2923.36 of the Revised Code and a separate set of	23809
records containing all medicaid fraud lien notices filed with the	23810
recorder pursuant to section 2933.75 of the Revised Code.	23811

(E)(1) The county recorder shall keep a separate set of	23812
records containing all transfers, conveyances, or assignments of	23813
any type of tangible or intangible personal property or any rights	23814
or interests in that property if and to the extent that any person	23815
wishes to record that personal property transaction and if the	23816
applicable instrument is acknowledged before a notary public. If	23817
the transferor is a natural person, the notice of personal	23818
property transfer shall be recorded in the county in this state in	23819
which the transferor maintains the transferor's principal	23820
residence. If the transferor is not a natural person, the notice	23821
of personal property transfer shall be recorded in the county in	23822
this state in which the transferor maintains its principal place	23823
of business. If the transferor does not maintain a principal	23824
residence or a principal place of business in this state and the	23825
transfer is to a trustee of a legacy trust formed pursuant to	23826
Chapter 5816. of the Revised Code, the notice of personal property	23827
transfer shall be recorded in the county in this state where that	23828
trustee maintains a principal residence or principal place of	23829
business. In all other instances, the notice of personal property	23830
transfer shall be recorded in the county in this state where the	23831
property described in the notice is located.	23832

(2) The records described in division (E)(1) of this section	23833
shall be maintained in or as part of the "official records" under	23834
division (C) of this section.	23835

Sec. 317.36. (A) The county recorder shall collect the low-	23836
and moderate-income housing trust fund fee as specified in	23837
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	23838
4509.60, ~~5111.022~~5164.56, 5310.15, 5719.07, 5727.56, 5733.18,	23839
5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of	23840
any housing trust fund fee the recorder is authorized to collect	23841
is equal to the amount of any base fee the recorder is authorized	23842
to collect for services. The housing trust fund fee shall be	23843
collected in addition to the base fee.	23844

(B) The recorder shall certify the amounts collected as	23845
housing trust fund fees pursuant to division (A) of this section	23846
into the county treasury as housing trust fund fees to be paid to	23847
the treasurer of state pursuant to section 319.63 of the Revised	23848
Code.	23849

Sec. 321.35. Upon demand of the treasurer of state while	23850
holding a school district, county, township, or municipal	23851
corporation obligation purchased under division (G)(1) of section	23852
135.143 of the Revised Code, in making any payment under section	23853
321.31 or 321.34 of the Revised Code, the county auditor shall	23854
withhold funds of the school district, county, township, or	23855
municipal corporation in an amount sufficient to pay debt service	23856
charges on that obligation and any of the fee for the agreement to	23857
purchase that obligation, less any amount deposited for that	23858
purpose under division (D) of section 3317.18 of the Revised Code.	23859
The county auditor shall promptly pay to the treasurer of state	23860
the amount withheld.	23861

Sec. 321.44. (A)(1) A county probation services fund shall	23862
be established in the county treasury of each county. The fund a	23863
county establishes under this division shall contain all moneys	23864
paid to the treasurer of the county under section 2951.021 of the	23865
Revised Code for deposit into the fund. The moneys paid into the	23866
fund shall be deposited by the treasurer of the county into the	23867
appropriate account established under divisions (A)(1)(a) to (d)	23868
of this section. Separate accounts shall be maintained in	23869
accordance with the following criteria in the fund a county	23870
establishes under this division:	23871

(a) If a county department of probation is established in the	23872
county, a separate account shall be maintained in the fund for the	23873
county department of probation.	23874

(b) If the judges of the court of common pleas of the county	23875
have affiliated with the judges of the court of common pleas of	23876
one or more other counties and have established a multicounty	23877
department of probation, a separate account shall be maintained in	23878
the fund for the multicounty department of probation.	23879

(c) If a department of probation is established in a	23880
county-operated municipal court that has jurisdiction within the	23881
county, a separate account shall be maintained in the fund for the	23882
municipal court department of probation.	23883

(d) If a county department of probation has not been	23884
established in the county and if the court of common pleas of the	23885
county, pursuant to section 2301.32 of the Revised Code, has	23886
entered into an agreement with the adult parole authority under	23887
which the court may place defendants under a community control	23888
sanction in charge of the authority, a separate account shall be	23889
maintained in the fund for the court of common pleas.	23890

(2) For any county, if a county department of probation is	23891
established in the county or if a department of probation is	23892
established in a county-operated municipal court that has	23893
jurisdiction within the county, the board of county commissioners	23894
of the county shall appropriate to the county department of	23895
probation or municipal court department of probation all money	23896
that is contained in the department's account in the county	23897
probation services fund established in the county for use only for	23898
specialized staff, purchase of equipment, purchase of services,	23899
reconciliation programs for offenders and victims, other treatment	23900
programs, including ~~alcohol and drug~~community addiction ~~programs~~	23901
services providers certified under section ~~3793.06~~5119.36 of the	23902
Revised Code, determined to be appropriate by the chief probation	23903
officer of the department of probation, and other similar expenses	23904
related to placing offenders under a community control sanction.	23905

For any county, if the judges of the court of common pleas of	23906
the county have affiliated with the judges of the court of common	23907
pleas of one or more other counties and have established a	23908
multicounty department of probation to serve the counties, the	23909
board of county commissioners of the county shall appropriate and	23910
the county treasurer shall transfer to the multicounty probation	23911
services fund established for the multicounty department of	23912
probation under division (B) of this section all money that is	23913
contained in the multicounty department of probation account in	23914
the county probation services fund established in the county for	23915
use in accordance with that division.	23916

For any county, if a county department of probation has not	23917
been established in the county and if the court of common pleas of	23918
the county, pursuant to section 2301.32 of the Revised Code, has	23919
entered into an agreement with the adult parole authority under	23920
which the court may place defendants under a community control	23921
sanction in charge of the authority, the board of county	23922
commissioners of the county shall appropriate to the court all	23923
money that is contained in the court's account in the county	23924
probation services fund established in the county for use only for	23925
specialized staff, purchase of equipment, purchase of services,	23926
reconciliation programs for offenders and victims, other treatment	23927
and recovery support services, including properly credentialed	23928
treatment and recovery support services program providers or those	23929
certified under section ~~3793.06~~5119.36 of the Revised Code,	23930
determined to be appropriate by the authority, and other similar	23931
uses related to placing offenders under a community control	23932
sanction.	23933

(B) If the judges of the courts of common pleas of two or	23934
more counties have established a multicounty department of	23935
probation, a multicounty probation services fund shall be	23936
established in the county treasury of the county whose treasurer,	23937
in accordance with section 2301.27 of the Revised Code, is	23938
designated by the judges of the courts of common pleas as the	23939
treasurer to whom monthly supervision fees are to be appropriated	23940
and transferred under division (A)(2) of this section for deposit	23941
into the fund. The fund shall contain all moneys that are paid to	23942
the treasurer of any member county under section 2951.021 of the	23943
Revised Code for deposit into the county's probation services fund	23944
and that subsequently are appropriated and transferred to the	23945
multicounty probation services fund under division (A)(2) of this	23946
section. The board of county commissioners of the county in which	23947
the multicounty probation services fund is established shall	23948
appropriate the money contained in that fund to the multicounty	23949
department of probation, for use only for specialized staff,	23950
purchase of equipment, purchase of services, reconciliation	23951
programs for offenders and victims, other treatment programs,	23952
including ~~alcohol and drug~~community addiction ~~programs~~services	23953
providers certified under section ~~3793.06~~5119.36 of the Revised	23954
Code, determined to be appropriate by the chief probation officer,	23955
and for other similar expenses related to placing offenders under	23956
a community control sanction.	23957

(C) Any money in a county or multicounty probation services	23958
fund at the end of a fiscal year shall not revert to the general	23959
fund of the county but shall be retained in the fund.	23960

(D) As used in this section:

23961

(1) "County-operated municipal court" has the same meaning as	23962
in section 1901.03 of the Revised Code.	23963

(2) "Multicounty department of probation" means a probation	23964
department established under section 2301.27 of the Revised Code	23965
to serve more than one county.	23966

(3) "Community control sanction" has the same meaning as in	23967
section 2929.01 of the Revised Code.	23968

Sec. 329.04. (A) The county department of job and family	23969
services shall have, exercise, and perform the following powers	23970
and duties:	23971

(1) Perform any duties assigned by the state department of	23972
job and family services or department of medicaid regarding the	23973
provision of public family services, including the provision of	23974
the following services to prevent or reduce economic or personal	23975
dependency and to strengthen family life:	23976

(a) Services authorized by a Title IV-A program, as defined	23977
in section 5101.80 of the Revised Code;	23978

(b) Social services authorized by Title XX of the "Social	23979
Security Act" and provided for by section 5101.46 or 5101.461 of	23980
the Revised Code;	23981

(c) If the county department is designated as the child	23982
support enforcement agency, services authorized by Title IV-D of	23983
the "Social Security Act" and provided for by Chapter 3125. of the	23984
Revised Code. The county department may perform the services	23985
itself or contract with other government entities, and, pursuant	23986
to division (C) of section 2301.35 and section 2301.42 of the	23987
Revised Code, private entities, to perform the Title IV-D	23988
services.	23989

(d) Duties assigned under section ~~5111.98~~5162.031 of the	23990
Revised Code.	23991

(2) Administer disability financial assistance, as required	23992
by the state department of job and family services under section	23993
5115.03 of the Revised Code;	23994

(3) Administer burials insofar as the administration of	23995
burials was, prior to September 12, 1947, imposed upon the board	23996
of county commissioners and if otherwise required by state law;	23997

(4) Cooperate with state and federal authorities in any	23998
matter relating to family services and to act as the agent of such	23999
authorities;	24000

(5) Submit an annual account of its work and expenses to the	24001
board of county commissioners and to the state department of job	24002
and family services and department of medicaid at the close of	24003
each fiscal year;	24004

(6) Exercise any powers and duties relating to family	24005
services duties or workforce development activities imposed upon	24006
the county department of job and family services by law, by	24007
resolution of the board of county commissioners, or by order of	24008
the governor, when authorized by law, to meet emergencies during	24009
war or peace;	24010

(7) ~~Determine the eligibility for medical assistance of~~	24011
~~recipients of aid under Title XVI of the "Social Security Act";~~	24012

~~(8) If assigned by the state director of job and family~~	24013
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	24014
~~determine applicants' eligibility for health assistance under the~~	24015
~~children's health insurance program part II or part III;~~	24016

~~(9)~~ Enter into a plan of cooperation with the board of county	24017
commissioners under section 307.983, consult with the board in the	24018
development of the transportation work plan developed under	24019
section 307.985, establish with the board procedures under section	24020
307.986 for providing services to children whose families relocate	24021
frequently, and comply with the contracts the board enters into	24022
under sections 307.981 and 307.982 of the Revised Code that affect	24023
the county department;	24024

~~(10)~~(8) For the purpose of complying with a grant agreement	24025
the board of county commissioners enters into under sections	24026
307.98 and 5101.21 of the Revised Code, exercise the powers and	24027
perform the duties the grant agreement assigns to the county	24028
department;	24029

~~(11)~~(9) If the county department is designated as the	24030
workforce development agency, provide the workforce development	24031
activities specified in the contract required by section 330.05 of	24032
the Revised Code.	24033

(B) The powers and duties of a county department of job and	24034
family services are, and shall be exercised and performed, under	24035
the control and direction of the board of county commissioners.	24036
The board may assign to the county department any power or duty of	24037
the board regarding family services duties and workforce	24038
development activities. If the new power or duty necessitates the	24039
state department of job and family services or department of	24040
medicaid changing its federal cost allocation plan, the county	24041
department may not implement the power or duty unless the United	24042
States department of health and human services approves the	24043
changes.	24044

Sec. 329.051. The county department of job and family	24045
services shall make voter registration applications as prescribed	24046
by the secretary of state under section 3503.10 of the Revised	24047
Code available to persons who are applying for, receiving	24048
assistance from, or participating in any of the following:	24049

(A) The disability financial assistance program established	24050
under Chapter 5115. of the Revised Code;	24051

(B) The ~~medical assistance~~medicaid program ~~established under~~	24052
~~Chapter 5111. of the Revised Code~~;	24053

(C) The Ohio works first program established under Chapter	24054
5107. of the Revised Code;	24055

(D) The prevention, retention, and contingency program	24056
established under Chapter 5108. of the Revised Code.	24057

Sec. 329.06. (A) Except as provided in division (C) of this	24058
section and section 6301.08 of the Revised Code, the board of	24059
county commissioners shall establish a county family services	24060
planning committee. The board shall appoint a member to represent	24061
the county department of job and family services; an employee in	24062
the classified civil service of the county department of job and	24063
family services, if there are any such employees; and a member to	24064
represent the public. The board shall appoint other individuals to	24065
the committee in such a manner that the committee's membership is	24066
broadly representative of the groups of individuals and the public	24067
and private entities that have an interest in the family services	24068
provided in the county. The board shall make appointments in a	24069
manner that reflects the ethnic and racial composition of the	24070
county. The following groups and entities may be represented on	24071
the committee:	24072

(1) Consumers of family services;

24073

(2) The public children services agency;

24074

(3) The child support enforcement agency;

24075

(4) The county family and children first council;

24076

(5) Public and private colleges and universities;

24077

(6) Public entities that provide family services, including	24078
boards of health, boards of education, the county board of	24079
developmental disabilities, and the board of alcohol, drug	24080
addiction, and mental health services that serves the county;	24081

(7) Private nonprofit and for-profit entities that provide	24082
family services in the county or that advocate for consumers of	24083
family services in the county, including entities that provide	24084
services to or advocate for victims of domestic violence;	24085

(8) Labor organizations;

24086

(9) Any other group or entity that has an interest in the	24087
family services provided in the county, including groups or	24088
entities that represent any of the county's business, urban, and	24089
rural sectors.	24090

(B) The county family services planning committee shall do	24091
all of the following:	24092

(1) Serve as an advisory body to the board of county	24093
commissioners with regard to the family services provided in the	24094
county, including assistance under Chapters 5107. and 5108. of the	24095
Revised Code, publicly funded child care under Chapter 5104. of	24096
the Revised Code, and social services provided under section	24097
5101.46 of the Revised Code;	24098

(2) At least once a year, review and analyze the county	24099
department of job and family services' implementation of the	24100
programs established under Chapters 5107. and 5108. of the Revised	24101
Code. In its review, the committee shall use information available	24102
to it to examine all of the following:	24103

(a) Return of assistance groups to participation in either	24104
program after ceasing to participate;	24105

(b) Teen pregnancy rates among the programs' participants;

24106

(c) The other types of assistance the programs' participants	24107
receive, including medicaid ~~under Chapter 5111. of the Revised~~	24108
~~Code~~, publicly funded child care under Chapter 5104. of the	24109
Revised Code, supplemental nutrition assistance program benefits	24110
under section 5101.54 of the Revised Code, and energy assistance	24111
under Chapter 5117. of the Revised Code;	24112

(d) Other issues the committee considers appropriate.

24113

The committee shall make recommendations to the board of	24114
county commissioners and county department of job and family	24115
services regarding the committee's findings.	24116

(3) Conduct public hearings on proposed county profiles for	24117
the provision of social services under section 5101.46 of the	24118
Revised Code;	24119

(4) At the request of the board, make recommendations and	24120
provide assistance regarding the family services provided in the	24121
county;	24122

(5) At any other time the committee considers appropriate,	24123
consult with the board and make recommendations regarding the	24124
family services provided in the county. The committee's	24125
recommendations may address the following:	24126

(a) Implementation and administration of family service	24127
programs;	24128

(b) Use of federal, state, and local funds available for	24129
family service programs;	24130

(c) Establishment of goals to be achieved by family service	24131
programs;	24132

(d) Evaluation of the outcomes of family service programs;

24133

(e) Any other matter the board considers relevant to the	24134
provision of family services.	24135

(C) If there is a committee in existence in a county on	24136
October 1, 1997, that the board of county commissioners determines	24137
is capable of fulfilling the responsibilities of a county family	24138
services planning committee, the board may designate the committee	24139
as the county's family services planning committee and the	24140
committee shall serve in that capacity.	24141

Sec. 329.14. (A) An individual whose household income does	24142
not exceed two hundred per cent of the federal poverty line is	24143
eligible to participate in an individual development account	24144
program established by the county department of job and family	24145
services of the county in which the individual resides. An	24146
eligible individual seeking to be a participant in the program	24147
shall enter into an agreement with the fiduciary organization	24148
administering the program. The agreement shall specify the terms	24149
and conditions of uses of funds deposited, financial documentation	24150
required to be maintained by the participant, expectations and	24151
responsibilities of the participant, and services to be provided	24152
by the fiduciary organization.	24153

(B) A participant may deposit earned income, as defined in 26	24154
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	24155
organization may deposit into the account an amount not exceeding	24156
four times the amount deposited by the participant except that a	24157
fiduciary organization may not, pursuant to an agreement with an	24158
employer, deposit an amount into an account held by a participant	24159
who is employed by the employer. An account may have no more than	24160
ten thousand dollars in it at any time.	24161

(C) Notwithstanding eligibility requirements established in	24162
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	24163
Code, to the extent permitted by federal statutes and regulations,	24164
money in an individual development account, including interest, is	24165
exempt from consideration in determining whether the participant	24166
or a member of the participant's assistance group is eligible for	24167
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	24168
Code and the amount of assistance the participant or assistance	24169
group is eligible to receive.	24170

(D)(1) Except as provided in division (D)(2) of this section,	24171
an individual development account program participant may use	24172
money in the account only for the following purposes:	24173

(a) Postsecondary educational expenses paid directly from the	24174
account to an eligible education institution or vendor;	24175

(b) Qualified acquisition expenses of a principal residence,	24176
as defined in 26 U.S.C. 1034, as amended, paid directly from the	24177
account to the person or government entity to which the expenses	24178
are due;	24179

(c) Qualified business capitalization expenses made in	24180
accordance with a qualified business plan that has been approved	24181
by a financial institution or by a nonprofit microenterprise	24182
program having demonstrated business expertise and paid directly	24183
from the account to the person to whom the expenses are due.	24184

(2) A fiduciary organization shall permit a participant to	24185
withdraw money deposited by the participant if it is needed to	24186
deal with a personal emergency of the participant or a member of	24187
the participant's family or household. Withdrawal shall result in	24188
the loss of any matching funds in an amount equal to the amount of	24189
the withdrawal.	24190

(3) Regardless of the reason for the withdrawal, a withdrawal	24191
from an individual development account may be made only with the	24192
approval of the fiduciary organization.	24193

Sec. 339.02. (A) As used in this section, "area served by	24194
the hospital" means the geographic area, whether or not included	24195
within the county, from which a county hospital regularly draws	24196
patients.	24197

(B) Unless a board of county hospital trustees for the county	24198
is in existence in accordance with this section, such board shall	24199
be created pursuant to this section after the board of county	24200
commissioners first determines by resolution to establish a county	24201
hospital. Copies of such resolution shall be certified to the	24202
probate judge of the county senior in point of service and to the	24203
judge, other than a probate judge, of the court of common pleas of	24204
the county senior in point of service. The board of county	24205
commissioners together with the probate judge of the county senior	24206
in point of service and the judge of the court of common pleas of	24207
the county senior in point of service shall, within ten days after	24208
such certification, appoint a board of county hospital trustees.	24209

(C) In making appointments to a board of county hospital	24210
trustees, ~~all~~both of the following apply with respect to the	24211
individuals who may be appointed:	24212

(1) Members shall be electors and representative of the area	24213
served by the hospital, except that not more than two members may	24214
be electors of the area served by the hospital that is outside the	24215
county in which the hospital is located.	24216

(2) ~~In no case shall more than one-half of the members be~~	24217
~~independents or be members of any one political party.~~	24218

~~(3)~~ A physician may serve as a member, including a physician	24219
who is authorized to admit and treat patients at the hospital,	24220
except as follows:	24221

(a) Not more than two physicians may serve as members at the	24222
same time;	24223

(b) No physician who is employed by the hospital may serve as	24224
a member.	24225

(D) A board of county hospital trustees shall be composed of	24226
six members, unless the board of county commissioners determines	24227
that the board of trustees can more effectively function with	24228
eight or ten members in which case there may be eight or ten	24229
members, as designated by the board of county commissioners.	24230

(E) With respect to the initial appointment of members to a	24231
board of county hospital trustees, all of the following apply:	24232

(1) When the board is composed of six members, their terms of	24233
office shall be one for one year, one for two years, one for three	24234
years, one for four years, one for five years, and one for six	24235
years from the first Monday of March thereafter.	24236

(2) When the board is composed of eight members, their terms	24237
of office shall be one for one year, one for two years, two for	24238
three years, one for four years, one for five years, and two for	24239
six years from the first Monday of March thereafter.	24240

(3) When the board is composed of ten members, their terms of	24241
office shall be two for one year, one for two years, two for three	24242
years, two for four years, one for five years, and two for six	24243
years from the first Monday of March thereafter.	24244

(F) Except as provided in division (G)(2) of this section,	24245
all of the following apply with respect to vacancies on a board of	24246
county hospital trustees:	24247

(1) Annually, on the first Monday of March, the board of	24248
county commissioners together with the probate judge of the county	24249
senior in point of service and the judge of the court of common	24250
pleas of the county senior in point of service shall appoint or	24251
reappoint for a term of six years a sufficient number of members	24252
to replace those members whose terms have expired.	24253

(2) The appointing authority shall fill a vacancy not later	24254
than six months after the vacancy occurs. If the vacancy remains	24255
unfilled on that date, the remaining members of the board, by	24256
majority vote, shall appoint an individual to fill the vacancy.	24257

(3) The appointing authority may fill a vacancy by seeking	24258
nominations from a selection committee consisting of one county	24259
commissioner designated by the board of county commissioners, the	24260
chair of the board of county hospital trustees, and the county	24261
hospital administrator. If nominations for filling a vacancy are	24262
sought from a selection committee, the committee shall nominate at	24263
least three individuals for the vacancy. The appointing authority	24264
may fill the vacancy by appointing one of the nominated	24265
individuals or by appointing another individual selected by the	24266
appointing authority.	24267

(4) Any member appointed to fill a vacancy occurring prior to	24268
the expiration date of the term for which the member's predecessor	24269
was appointed shall hold office as a member for the remainder of	24270
that term.	24271

(G)(1) The board of county commissioners together with the	24272
probate judge senior in point of service and the judge of the	24273
court of common pleas senior in point of service in any county in	24274
which a board of county hospital trustees has been appointed may	24275
expand the number of members to eight or to ten. When the number	24276
of members is increased to eight, one shall be appointed for a	24277
three-year and one for a six-year term from the first Monday of	24278
March thereafter. When the number of members is increased from six	24279
to ten, the term for additional members shall be: one for one	24280
year, one for three years, one for four years, and one for six	24281
years from the first Monday of March thereafter. When the number	24282
of members is increased from eight to ten, the term for additional	24283
members shall be: one for one year and one for four years from the	24284
first Monday of March thereafter. Thereafter except as provided in	24285
division (G)(2) of this section, upon the expiration of the term	24286
of office of each member, the vacancy shall be filled in the	24287
manner specified in division (F) of this section.	24288

(2) The board of county commissioners together with the	24289
probate judge senior in point of service and the judge of the	24290
court of common pleas senior in point of service may reduce the	24291
number of members of a board of county hospital trustees to eight	24292
or to six. The reduction shall occur on expiration of a member's	24293
term of office, at which time no appointment shall be made. While	24294
the board of county commissioners and the judges are in the	24295
process of reducing the number of members, the board of county	24296
hospital trustees may consist of nine or seven members for one	24297
year.	24298

(H) Any member of a board of county hospital trustees may be	24299
removed from office by the appointing authority for neglect of	24300
duty, misconduct, or malfeasance in office. The member shall be	24301
informed in writing of the charges and afforded an opportunity for	24302
a hearing before the appointing authority. The appointing	24303
authority shall not remove a member from office for political	24304
reasons.	24305

(I) The board of county commissioners may provide members of	24306
a board of county hospital trustees ~~shall~~a stipend for their	24307
service or require the members to serve without compensation~~, but~~.	24308
The members shall be allowed their necessary and reasonable	24309
expenses incurred in the performance of their duties, including	24310
the cost of their participation in any continuing education	24311
programs or developmental programs that the members consider	24312
necessary. Allowable stipends and expenses shall be paid out of	24313
the funds provided for the county hospital.	24314

(J) The persons selected to be members of a board of county	24315
hospital trustees shall forthwith be notified, by mail, of their	24316
appointment. When a board is initially appointed, the notice shall	24317
state a time, not more than ten days later, when such board shall	24318
meet at the county seat of such county to organize. On the date	24319
stated, the board shall meet and organize.	24320

(K) A board of county hospital trustees shall organize by	24321
electing one of its number as chairperson and such other officers	24322
as specified in the board's rules. Four members of a six-member	24323
board constitute a quorum, five members constitute a quorum of an	24324
eight-member board, and six members constitute a quorum of a	24325
ten-member board.	24326

A board of county hospital trustees shall hold meetings at	24327
least ~~once a month~~quarterly, shall adopt necessary rules of	24328
procedure, and shall keep a record of its proceedings and a strict	24329
account of all its receipts, disbursements, and expenditures. On	24330
completion of the construction and equipping of a county hospital,	24331
the board shall file such account with the board of county	24332
commissioners and make final settlement with the board of county	24333
commissioners for the construction and equipping of the hospital.	24334

Sec. 339.05. (A) A board of county hospital trustees may	24335
adopt, annually, bidding procedures and purchasing or leasing	24336
policies ~~for services~~ provided through a joint purchasing	24337
arrangement sponsored by a nonprofit organization, ~~and~~ for	24338
services, supplies, and equipment, that are routinely used in the	24339
operation of the hospital and that cost in excess of the amount	24340
specified in section 307.86 of the Revised Code as the amount	24341
above which purchases must be competitively bid. If a board of	24342
county hospital trustees adopts those policies and procedures, and	24343
if the board of county commissioners approves them, the board of	24344
county hospital trustees may follow those policies and procedures	24345
in lieu of following the competitive bidding procedures of	24346
sections 307.86 to 307.92 of the Revised Code.	24347

(B) Notwithstanding section 307.86 of the Revised Code, the	24348
board of county hospital trustees is exempt from competitive	24349
bidding as required under that section if the board, by a	24350
unanimous vote of its members, makes a determination that a real	24351
and present emergency exists, and either of the following applies:	24352

(1) The estimated cost is less than one hundred thousand	24353
dollars.	24354

(2) There is actual physical damage to structures or	24355
equipment.	24356

The board shall enter the determination of emergency and the	24357
reasons for it in the minutes of its proceedings.	24358

For purposes of this section, a vote is unanimous if all	24359
members of a board of county hospital trustees are present, or a	24360
lesser number of members of the board if not all members are	24361
present, provided that the number of members present constitutes a	24362
quorum.	24363

Whenever a contract of purchase, lease, or construction is	24364
exempted from competitive bidding because the estimated cost is	24365
less than one hundred thousand dollars, but the estimated cost is	24366
fifty thousand dollars or more, the board shall solicit informal	24367
estimates from not fewer than three persons who could perform the	24368
contract, before awarding the contract. With regard to each such	24369
contract, the board shall maintain a record of the informal	24370
estimates, including the name of each person from whom an informal	24371
estimate was solicited. The board shall maintain the record for	24372
the longer of at least one year after the contract is awarded or	24373
an amount of time required by the federal government.	24374

Sec. 339.06. (A) The board of county hospital trustees, upon	24375
completion of construction or leasing and equipping of a county	24376
hospital, shall assume and continue the operation of the hospital.	24377

(B) The board of county hospital trustees shall have the	24378
entire management and control of the county hospital. The board	24379
may in writing delegate its management and control of the county	24380
hospital to the administrator of the county hospital employed	24381
under section 339.07 of the Revised Code. The board shall	24382
establish such rules for the hospital's government, management,	24383
control, and the admission of persons as are expedient.	24384

(C) The board of county hospital trustees has control of the	24385
property of the county hospital, including management and disposal	24386
of surplus property other than real estate or an interest in real	24387
estate.	24388

(D) With respect to the use of funds by the board of county	24389
hospital trustees and its accounting for the use of funds, all of	24390
the following apply:	24391

(1) The board of county hospital trustees has control of all	24392
funds used in the county hospital's operation, including moneys	24393
received from the operation of the hospital, moneys appropriated	24394
for its operation by the board of county commissioners, and moneys	24395
resulting from special levies submitted by the board of county	24396
commissioners as provided for in section 5705.22 of the Revised	24397
Code.	24398

(2) Of the funds used in the county hospital's operation, all	24399
or part of any amount determined not to be necessary to meet	24400
current demands on the hospital may be invested by the board of	24401
county hospital trustees or its designee in any classifications of	24402
securities and obligations eligible for deposit or investment of	24403
county moneys pursuant to section 135.35 of the Revised Code,	24404
subject to the approval of the board's written investment policy	24405
by the county investment advisory committee established pursuant	24406
to section 135.341 of the Revised Code.	24407

(3) Annually, not later than sixty days before the end of the	24408
fiscal year used by the county hospital, the board of county	24409
hospital trustees shall submit its proposed budget for the ensuing	24410
fiscal year to the board of county commissioners for that board's	24411
review. The board of county commissioners shall review and approve	24412
the proposed budget by the first day of the fiscal year to which	24413
the budget applies. If the board of county commissioners has not	24414
approved the budget by the first day of the fiscal year to which	24415
the budget applies, the budget is deemed to have been approved by	24416
the board on the first day of that fiscal year.	24417

(4) The board of county hospital trustees shall not expend	24418
funds received from taxes collected pursuant to any tax levied	24419
under section 5705.22 of the Revised Code or the amount	24420
appropriated to the county hospital by the board of county	24421
commissioners in the annual appropriation measure for the county	24422
until its budget for the applicable fiscal year is approved in	24423
accordance with division (C)(3) of this section. At any time the	24424
amount received from those sources differs from the amount shown	24425
in the approved budget, the board of county commissioners may	24426
require the board of county hospital trustees to revise the county	24427
hospital budget accordingly.	24428

(5) Funds under the control of the board of county hospital	24429
trustees may be disbursed by the board, consistent with the	24430
approved budget, for the uses and purposes of the county hospital;	24431
for the replacement of necessary equipment; for the acquisition,	24432
leasing, or construction of permanent improvements to county	24433
hospital property; or for making a donation authorized by division	24434
(E) of this section. Each disbursement of funds shall be made on a	24435
voucher signed by signatories designated and approved by the board	24436
of county hospital trustees.	24437

(6) The head of a board of county hospital trustees is not	24438
required to file an estimate of contemplated revenue and	24439
expenditures for the ensuing fiscal year under section 5705.28 of	24440
the Revised Code unless the board of county commissioners levies a	24441
tax for the county hospital, or such a tax is proposed, or the	24442
board of county hospital trustees desires that the board of county	24443
commissioners make an appropriation to the county hospital for the	24444
ensuing fiscal year.	24445

(7) All moneys appropriated by the board of county	24446
commissioners or from special levies by the board of county	24447
commissioners for the operation of the hospital, when collected	24448
shall be paid to the board of county hospital trustees on a	24449
warrant of the county auditor and approved by the board of county	24450
commissioners.	24451

(8) The board of county hospital trustees shall provide for	24452
the conduct of an annual financial audit of the county hospital.	24453
Not later than thirty days after it receives the final report of	24454
an annual financial audit, the board shall file a copy of the	24455
report with the board of county commissioners.	24456

(E) For the public purpose of improving the health, safety,	24457
and general welfare of the community, the board of county hospital	24458
trustees may donate to a nonprofit entity any of the following:	24459

(1) Moneys and other financial assets determined not to be	24460
necessary to meet current demands on the hospital;	24461

(2) Surplus hospital property, including supplies, equipment,	24462
office facilities, and other property that is not real estate or	24463
an interest in real estate;	24464

(3) Services rendered by the hospital.

24465

(F)(1) For purposes of division (F)(2) of this section:

24466

(a) "Bank" has the same meaning as in section 1101.01 of the	24467
Revised Code.	24468

(b) "Savings and loan association" has the same meaning as in	24469
section 1151.01 of the Revised Code.	24470

(c) "Savings bank" has the same meaning as in section 1161.01	24471
of the Revised Code.	24472

(2) The board of county hospital trustees may enter into a	24473
contract for a secured line of credit with a bank, savings and	24474
loan association, or savings bank if the contract meets all of the	24475
following requirements:	24476

(a) The term of the contract does not exceed one year, except	24477
that the contract may provide for the automatic renewal of the	24478
contract for up to four additional one-year periods if, on the	24479
date of automatic renewal, the aggregate outstanding draws	24480
remaining unpaid under the secured line of credit do not exceed	24481
fifty per cent of the maximum amount that can be drawn under the	24482
secured line of credit.	24483

(b) The contract provides that the bank, savings and loan	24484
association, or savings bank shall not commence a civil action	24485
against the board of county commissioners, any member of the	24486
board, or the county to recover the principal, interest, or any	24487
charges or other amounts that remain outstanding on the secured	24488
line of credit at the time of any default by the board of county	24489
hospital trustees.	24490

(c) The contract provides that no assets other than those of	24491
the county hospital can be used to secure the line of credit.	24492

(d) The terms and conditions of the contract comply with all	24493
state and federal statutes and rules governing the extension of a	24494
secured line of credit.	24495

(3) Any obligation incurred by a board of county hospital	24496
trustees under division (F)(2) of this section is an obligation of	24497
that board only and not a general obligation of the board of	24498
county commissioners or the county within the meaning of division	24499
(Q) of section 133.01 of the Revised Code.	24500

(4) Notwithstanding anything to the contrary in the Revised	24501
Code, the board of county hospital trustees may secure the line of	24502
credit authorized under division (F)(2) of this section by the	24503
grant of a security interest in any part or all of its tangible	24504
personal property and intangible personal property, including its	24505
deposit accounts, accounts receivable, or both.	24506

(5) No board of county hospital trustees shall at any time	24507
have more than one secured line of credit under division (F)(2) of	24508
this section.	24509

(G) The board of county hospital trustees shall establish a	24510
schedule of charges for all services and treatment rendered by the	24511
county hospital. It may provide for the free treatment in the	24512
hospital of soldiers, sailors, and marines of the county, under	24513
such conditions and rules as it prescribes.	24514

(H) The board of county hospital trustees may designate the	24515
amounts and forms of insurance protection to be provided, and the	24516
board of county commissioners shall assist in obtaining such	24517
protection. The expense of providing the protection shall be paid	24518
from hospital operating funds.	24519

(I) The board of county hospital trustees may authorize a	24520
county hospital and each of its units, hospital board members,	24521
designated hospital employees, and medical staff members to be a	24522
member of and maintain membership in any local, state, or national	24523
group or association organized and operated for the promotion of	24524
the public health and welfare or advancement of the efficiency of	24525
hospital administration and in connection therewith to use tax	24526
funds for the payment of dues and fees and related expenses but	24527
nothing in this section prohibits the board from using receipts	24528
from hospital operation, other than tax funds, for the payment of	24529
such dues and fees.	24530

(J) The following apply to the board of county hospital	24531
trustees in relation to its employees and the employees of the	24532
county hospital:	24533

(1) The board shall adopt the wage and salary schedule for	24534
employees.	24535

(2) The board may employ the hospital's administrator	24536
pursuant to section 339.07 of the Revised Code, and the	24537
administrator may employ individuals for the hospital in	24538
accordance with that section.	24539

(3) The board may employ assistants as necessary to perform	24540
its clerical work, superintend properly the construction of the	24541
county hospital, and pay the hospital's expenses. Such employees	24542
may be paid from funds provided for the county hospital.	24543

(4) The board may hire, by contract or as salaried employees,	24544
such management consultants, accountants, attorneys, engineers,	24545
architects, construction managers, and other professional advisors	24546
as it determines are necessary and desirable to assist in the	24547
management of the programs and operation of the county hospital.	24548
Such professional advisors may be paid from county hospital	24549
operating funds.	24550

(5) Notwithstanding section 325.19 of the Revised Code, the	24551
board may grant to employees any fringe benefits the board	24552
determines to be customary and usual in the nonprofit hospital	24553
field in its community, including, but not limited to:	24554

(a) Additional vacation leave with full pay for full-time	24555
employees, including full-time hourly rate employees, after	24556
service of one year;	24557

(b) Vacation leave and holiday pay for part-time employees on	24558
a pro rata basis;	24559

(c) Leave with full pay due to death in the employee's	24560
immediate family, which shall not be deducted from the employee's	24561
accumulated sick leave;	24562

(d) Premium pay for working on holidays listed in section	24563
325.19 of the Revised Code;	24564

(e) Moving expenses for new employees;

24565

(f) Discounts on hospital supplies and services.

24566

(6) The board may provide holiday leave by observing Martin	24567
Luther King day, Washington-Lincoln day, Columbus day, and	24568
Veterans' day on days other than those specified in section 1.14	24569
of the Revised Code.	24570

(7) The board may grant to employees the insurance benefits	24571
authorized by section 339.16 of the Revised Code.	24572

(8) Notwithstanding section 325.19 of the Revised Code, the	24573
board may grant to employees, including hourly rate employees,	24574
such personal holidays as the board determines to be customary and	24575
usual in the hospital field in its community.	24576

(9) The board may provide employee recognition awards and	24577
hold employee recognition dinners.	24578

(10) The board may grant to employees the recruitment and	24579
retention benefits specified under division (K) of this section.	24580

(K) Notwithstanding sections 325.191 and 325.20 of the	24581
Revised Code, the board of county hospital trustees may provide,	24582
without the prior authorization of the board of county	24583
commissioners, scholarships for education in the health care	24584
professions, tuition reimbursement, and other staff development	24585
programs to enhance the skills of health care professionals for	24586
the purpose of recruiting or retaining qualified employees.	24587

The board of county hospital trustees may pay reasonable	24588
expenses for recruiting or retaining physicians and other	24589
appropriate health care practitioners.	24590

(L) The board of county hospital trustees may retain counsel	24591
and institute legal action in its own name for the collection of	24592
delinquent accounts. The board may also employ any other lawful	24593
means for the collection of delinquent accounts.	24594

Sec. 339.07. (A) The board of county hospital trustees shall	24595
provide for the administration of the county hospital by directly	24596
employing a hospital administrator or by entering into a contract	24597
for the management of the hospital under which an administrator is	24598
provided. When an administrator is employed directly, the board	24599
shall adopt a job description delineating the administrator's	24600
powers and duties and the board may pay the administrator's salary	24601
and other benefits from funds provided for the hospital.	24602

(B) During the construction and equipping of the hospital,	24603
the administrator shall act in an advisory capacity to the board	24604
of county hospital trustees. After the hospital is completed, the	24605
administrator shall serve as the chief executive officer and shall	24606
carry out the administration of the county hospital according to	24607
the policies set forth by the board and any written delegation.	24608

The administrator shall administer the county hospital, make	24609
reports, and take any other action that the administrator	24610
determines is necessary for the operation of the hospital.	24611

At the end of each fiscal year, the administrator shall	24612
submit to the board a complete financial statement showing the	24613
receipts, revenues, and expenditures in detail for the entire	24614
fiscal year.	24615

The administrator shall ensure that the hospital has such	24616
physicians, nurses, and other employees as are necessary for the	24617
proper care, control, and management of the county hospital and	24618
its patients. The physicians, nurses, and other employees may be	24619
suspended or removed by the administrator at any time the welfare	24620
of the hospital warrants suspension or removal. The administrator	24621
may obtain physicians, nurses, and other employees by direct	24622
employment, entering into contracts, or granting authority to	24623
practice in the hospital. Persons employed directly shall be in	24624
the unclassified civil service, pursuant to section 124.11 of the	24625
Revised Code.	24626

Sec. 340.01. (A) As used in this chapter, "addiction,"	24627
"addiction services," "alcohol and drug addiction services," ~~and~~	24628
"community addiction services provider," "community mental health	24629
services provider," "~~alcohol and drug addiction programs~~gambling	24630
addiction services," "mental health services," and "mental	24631
illness" have the same meanings as in section ~~3793.01~~5119.01 of	24632
the Revised Code.	24633

(B) An alcohol, drug addiction, and mental health service	24634
district shall be established in any county or combination of	24635
counties having a population of at least fifty thousand to provide	24636
~~alcohol and drug~~ addiction services and mental health services.	24637
With the approval of the ~~directors~~director of ~~mental health and~~	24638
~~alcohol and drug addiction services~~mental health and addiction	24639
services, any county or combination of counties having a	24640
population of less than fifty thousand may establish such a	24641
district. Districts comprising more than one county shall be known	24642
as joint-county districts.	24643

The board of county commissioners of any county participating	24644
in a joint-county district may submit a resolution requesting	24645
withdrawal from the district together with a comprehensive plan or	24646
plans that are in compliance with rules adopted by the director of	24647
~~mental health~~mental health and addiction services under ~~section~~	24648
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	24649
~~the department of alcohol and drug addiction services under~~	24650
~~section 3793.05 of the Revised Code~~, and that provide for the	24651
equitable adjustment and division of all services, assets,	24652
property, debts, and obligations, if any, of the joint-county	24653
district to the board of alcohol, drug addiction, and mental	24654
health services, to the boards of county commissioners of each	24655
county in the district, and to the directors. No county	24656
participating in a joint-county service district may withdraw from	24657
the district without the consent of the ~~directors~~director of	24658
~~mental health and alcohol and drug addiction services~~mental	24659
health and addiction services nor earlier than one year after the	24660
submission of such resolution unless all of the participating	24661
counties agree to an earlier withdrawal. Any county withdrawing	24662
from a joint-county district shall continue to have levied against	24663
its tax list and duplicate any tax levied by the district during	24664
the period in which the county was a member of the district until	24665
such time as the levy expires or is renewed or replaced.	24666

Sec. 340.011. (A) This chapter shall be interpreted to	24667
accomplish all of the following:	24668

(1) Establish a unified system of treatment for mentally ill	24669
persons and persons with addictions;	24670

(2) Establish a community support system available for every	24671
alcohol, drug addiction, and mental health service district;	24672

(3) Protect the personal liberty of mentally ill persons so	24673
that they may be treated in the least restrictive environment;	24674

(4) Encourage the development of high quality, cost	24675
effective, and comprehensive services, including culturally	24676
sensitive services;	24677

(5) Foster the development of comprehensive community mental	24678
health services, based on recognized local needs, especially for	24679
severely mentally disabled children, adolescents, and adults;	24680

(6) Ensure that services provided meet minimum standards	24681
established by the director of ~~mental health or the department of~~	24682
~~alcohol and drug addiction services~~mental health and addiction	24683
services;	24684

(7) Promote the delivery of high quality and cost-effective	24685
~~alcohol and drug~~ addiction and mental health services;	24686

(8) Promote the participation of ~~consumers of~~persons	24687
receiving mental health services and ~~alcohol and drug~~ addiction	24688
services in the planning, delivery, and evaluation of these	24689
services.	24690

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	24691
Revised Code shall be construed as requiring a board of county	24692
commissioners to provide resources beyond the total amount set	24693
forth in a ~~community~~budget and statement of services to be	24694
provided by the alcohol, drug addiction, and mental health ~~plan~~	24695
services board, as developed and submitted under section ~~340.03~~	24696
340.08 of the Revised Code~~, to provide the services listed in~~	24697
~~section 340.09 of the Revised Code, and nothing in those chapters~~	24698
~~shall be construed as requiring a board of county commissioners to~~	24699
~~provide resources beyond the total amount set forth in a plan for~~	24700
~~alcohol and drug addiction services, prepared and submitted in~~	24701
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	24702
~~to provide alcohol and drug addiction services~~.	24703

Sec. 340.02. ~~As used in this section, "mental health~~	24704
~~professional" means a person who is qualified to work with~~	24705
~~mentally ill persons, pursuant to standards established by the~~	24706
~~director of mental health under section 5119.611 of the Revised~~	24707
~~Code.~~	24708

(A) For each alcohol, drug addiction, and mental health	24709
service district, there shall be appointed a board of alcohol,	24710
drug addiction, and mental health services consisting of eighteen	24711
members or fourteen members. Should the board of alcohol, drug	24712
addiction, and mental health services elect to remain at eighteen	24713
members, as provided under section 340.02 of the Revised Code as	24714
it existed immediately prior to the date of this amendment, the	24715
board of alcohol, drug addiction, and mental health services and	24716
the board of county commissioners shall not be required to take	24717
any action. Should the board of alcohol, drug addiction, and	24718
mental health services elect a recommendation to become a	24719
fourteen-member board, that recommendation must be approved by the	24720
board of county commissioners of the county in which the alcohol,	24721
drug addiction, and mental health district is located in order for	24722
the transition to a fourteen-member board to occur. Not later than	24723
September 30, 2013, each board of alcohol, drug addiction, and	24724
mental health services wishing to become a fourteen-member board	24725
shall notify the board of county commissioners of that	24726
recommendation. Failure of the board of county commissioners to	24727
take action within thirty days after receipt of the recommendation	24728
shall be deemed agreement by the board of county commissioners to	24729
transition to a fourteen-member board of alcohol, drug addiction,	24730
and mental health services. Should the board of county	24731
commissioners reject the recommendation, the board of county	24732
commissioners shall adopt a resolution stating that rejection	24733
within thirty days after receipt of the recommendation. Upon	24734
adoption of the resolution, the board of county commissioners	24735
shall meet with the board of alcohol, drug addiction, and mental	24736
health services to discuss the matter. After the meeting, the	24737
board of county commissioners shall notify the department of	24738
mental health and addiction services of its election not later	24739
than January 1, 2014. In a joint-county district, a majority of	24740
the boards of county commissioners must not reject the	24741
recommendation of a joint-county board to become a fourteen-member	24742
board in order for the transition to a fourteen-member board to	24743
occur. Should the joint-county district have an even number of	24744
counties, and the boards of county commissioners of these counties	24745
tie in terms of whether or not to accept the recommendation of the	24746
alcohol, drug addiction, and mental health services board, the	24747
recommendation of the alcohol, drug addiction, and mental health	24748
service board to become a fourteen-member board shall prevail. The	24749
election shall be final. Failure to provide notice of its election	24750
to the department on or before January 1, 2014, shall constitute	24751
an election to continue to operate as an eighteen-member board. If	24752
an existing board provides timely notice of its election to	24753
transition to operate as a fourteen-member board, the number of	24754
board members may decline from eighteen to fourteen by attrition	24755
as current members' terms expire. However, the composition of the	24756
board must reflect the requirements set forth in this section for	24757
fourteen-member boards. ~~Nine~~For all boards, half of the members	24758
shall be interested in mental health ~~programs and facilities~~	24759
services and ~~nine other~~half of the members shall be interested	24760
in alcohol or, drug, or gambling addiction ~~programs~~services.	24761
All members shall be residents of the service district. The	24762
membership shall, as nearly as possible, reflect the composition	24763
of the population of the service district as to race and sex.	24764

~~The~~(B) For boards operating as eighteen-member boards, the	24765
director of ~~mental health~~mental health and addiction services	24766
shall appoint ~~four~~eight members of the board~~, the director of~~	24767
~~alcohol and drug addiction services shall appoint four members,~~	24768
and the board of county commissioners shall appoint ten members.	24769
For boards operating as fourteen-member boards, the director of	24770
mental health and addiction services shall appoint six members of	24771
the board and the board of county commissioners shall appoint	24772
eight members. In a joint-county district, the county	24773
commissioners of each participating county shall appoint members	24774
in as nearly as possible the same proportion as that county's	24775
population bears to the total population of the district, except	24776
that at least one member shall be appointed from each	24777
participating county.	24778

(C) The director of ~~mental health~~mental health and addiction	24779
services shall ensure that at least one member of the board is a	24780
~~psychiatrist and one member of the board is a mental health~~	24781
~~professional. If the appointment of a psychiatrist is not~~	24782
~~possible, as determined under rules adopted by the director, a~~	24783
~~licensed physician may be appointed in place of the psychiatrist.~~	24784
~~If the appointment of a licensed physician is not possible, the~~	24785
~~director of mental health may waive the requirement that the~~	24786
~~psychiatrist or licensed physician be a resident of the service~~	24787
~~district and appoint a psychiatrist or licensed physician from a~~	24788
~~contiguous county. The director of mental health shall ensure that~~	24789
clinician with experience in the delivery of mental health	24790
services, at least one member of the board is a person who has	24791
received or is receiving mental health services paid for by public	24792
funds ~~and~~, at least one member of the board is a parent or other	24793
relative of such a person.	24794

~~The director of alcohol and drug addiction services shall~~	24795
~~ensure that at least one member of the board is a professional in~~	24796
~~the field of alcohol or drug addiction services and one member of~~	24797
~~the board is an advocate for persons receiving treatment for~~	24798
~~alcohol or drug addiction. Of the members appointed by the~~	24799
~~director of alcohol and drug addiction services~~, at least one	24800
member of the board is a clinician with experience in the delivery	24801
of addiction services, at least one ~~shall be~~member of the board	24802
is a person who has received or is receiving ~~services for alcohol~~	24803
~~or drug~~ addiction services paid for by public funds, and at least	24804
one ~~shall be~~member of the board is a parent or other relative of	24805
such a person. A single member who meets both qualifications may	24806
fulfill the requirement for a clinician with experience in the	24807
delivery of mental health services and a clinician with experience	24808
in the delivery of addiction services.	24809

(D) No member or employee of a board of alcohol, drug	24810
addiction, and mental health services shall serve as a member of	24811
the board of any ~~agency~~provider with which the board of alcohol,	24812
drug addiction, and mental health services has entered into a	24813
contract for the provision of services or facilities. No member of	24814
a board of alcohol, drug addiction, and mental health services	24815
shall be an employee of any ~~agency~~provider with which the board	24816
has entered into a contract for the provision of services or	24817
facilities~~, unless the board member's employment duties with the~~	24818
~~agency consist of providing, only outside the district the board~~	24819
~~serves, services for which the medicaid program pays~~. No person	24820
shall be an employee of a board and such ~~an agency~~a provider	24821
unless the board and ~~agency~~provider both agree in writing.	24822

(E) No person shall serve as a member of the board of	24823
alcohol, drug addiction, and mental health services whose spouse,	24824
child, parent, brother, sister, grandchild, stepparent, stepchild,	24825
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	24826
daughter-in-law, brother-in-law, or sister-in-law serves as a	24827
member of the board of any ~~agency~~provider with which the board of	24828
alcohol, drug addiction, and mental health services has entered	24829
into a contract for the provision of services or facilities. No	24830
person shall serve as a member or employee of the board whose	24831
spouse, child, parent, brother, sister, stepparent, stepchild,	24832
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	24833
daughter-in-law, brother-in-law, or sister-in-law serves as a	24834
county commissioner of a county or counties in the alcohol, drug	24835
addiction, and mental health service district.	24836

(F) Each year each board member shall attend at least one	24837
inservice training session provided or approved by the department	24838
of ~~mental health or the department of alcohol and drug addiction~~	24839
~~services~~mental health and addiction services. ~~Such training~~	24840
~~sessions shall not be considered to be regularly scheduled~~	24841
~~meetings of the board.~~	24842

~~Each~~(G) For boards operating as eighteen-member boards, each	24843
member shall be appointed for a term of four years, commencing the	24844
first day of July, except that one-third of initial appointments	24845
to a newly established board, and to the extent possible to	24846
expanded boards, shall be for terms of two years, one-third of	24847
initial appointments shall be for terms of three years, and	24848
one-third of initial appointments shall be for terms of four	24849
years. For boards operating as fourteen-member boards, each member	24850
shall be appointed for a term of four years, commencing the first	24851
day of July, except that four of the initial appointments to a	24852
newly established board, and to the extent possible to expanded	24853
boards, shall be for terms of two years, five initial appointments	24854
shall be for terms of three years, and five initial appointments	24855
shall be for terms of four years. No member shall serve more than	24856
two consecutive four-year terms under the same appointing	24857
authority. A member may serve for three consecutive terms under	24858
the same appointing authority only if one of the terms is for less	24859
than two years. A member who has served two consecutive four-year	24860
terms or three consecutive terms totaling less than ten years is	24861
eligible for reappointment by the same appointing authority one	24862
year following the end of the second or third term, respectively.	24863

When a vacancy occurs, appointment for the expired or	24864
unexpired term shall be made in the same manner as an original	24865
appointment. The appointing authority shall be notified by	24866
certified mail of any vacancy and shall fill the vacancy within	24867
sixty days following that notice.	24868

Any member of the board may be removed from office by the	24869
appointing authority for neglect of duty, misconduct, or	24870
malfeasance in office, and shall be removed by the appointing	24871
authority if the member is barred by this section from serving as	24872
a board member. The member shall be informed in writing of the	24873
charges and afforded an opportunity for a hearing. Upon the	24874
absence of a member within one year from either four board	24875
meetings or from two board meetings without prior notice, the	24876
board shall notify the appointing authority, which may vacate the	24877
appointment and appoint another person to complete the member's	24878
term.	24879

Members of the board shall serve without compensation, but	24880
shall be reimbursed for actual and necessary expenses incurred in	24881
the performance of their official duties, as defined by rules of	24882
the ~~departments~~department of ~~mental health and alcohol and drug~~	24883
~~addiction services~~mental health and addiction services.	24884

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	24885
health service district ~~comprised of a county with a population of~~	24886
~~two hundred fifty thousand or more on October 10, 1989, the board~~	24887
~~of county commissioners shall, within thirty days of October 10,~~	24888
~~1989, establish an alcohol and drug addiction services board as~~	24889
~~the entity responsible for providing alcohol and drug addiction~~	24890
~~services in the county, unless, prior to that date, the board~~	24891
~~adopts a resolution providing that the entity responsible for~~	24892
~~providing the services is a board of alcohol, drug addiction, and~~	24893
~~mental health services. If~~where the board of county commissioners	24894
~~establishes~~has established an alcohol and drug addiction services	24895
board, the community mental health board established under former	24896
section 340.02 of the Revised Code shall serve as the entity	24897
responsible for providing mental health services in the county. A	24898
community mental health board has all the powers, duties, and	24899
obligations of a board of alcohol, drug addiction, and mental	24900
health services with regard to mental health services. An alcohol	24901
and drug addiction services board has all the powers, duties, and	24902
obligations of a board of alcohol, drug addiction, and mental	24903
health services with regard to ~~alcohol and drug~~ addiction	24904
services. Any provision of the Revised Code that refers to a board	24905
of alcohol, drug addiction, and mental health services with regard	24906
to mental health services also refers to a community mental health	24907
board and any provision that refers to a board of alcohol, drug	24908
addiction, and mental health services with regard to alcohol and	24909
drug addiction services also refers to an alcohol and drug	24910
addiction services board.	24911

An alcohol and drug addiction services board shall consist of	24912
eighteen members or fourteen members, ~~six of whom~~at the election	24913
of the board. Not later than January 1, 2014, each alcohol and	24914
drug addiction services board shall notify the department of	24915
mental health and addiction services of its election to operate as	24916
an eighteen-member board or to operate as a fourteen-member board.	24917
The election shall be final. Failure to provide notice of its	24918
election to the department on or before January 1, 2014, shall	24919
constitute an election to continue to operate as an	24920
eighteen-member board. If an existing board provides timely notice	24921
of its election to operate as a fourteen-member board, the number	24922
of board members may decline from eighteen to fourteen by	24923
attrition as current members' terms expire. However, the	24924
composition of the board must reflect the requirements set forth	24925
in this section and in applicable provisions of section 340.02 of	24926
the Revised Code for fourteen-member boards. For boards operating	24927
as eighteen-member boards, six members shall be appointed by the	24928
director of ~~alcohol and drug addiction services~~mental health and	24929
addiction services and twelve ~~of whom~~members shall be appointed	24930
by the board of county commissioners. ~~Of the members appointed by~~	24931
~~the~~The director~~, one shall be~~of mental health and addiction	24932
services shall ensure that at least one member of the board is a	24933
person who has received or is receiving services for alcohol or,	24934
drug, or gambling addiction, at least one ~~shall be~~member is a	24935
parent or relative of such a person, and at least one ~~shall be~~	24936
member is a ~~professional in the field of alcohol or drug~~	24937
clinician with experience in the delivery of addiction services,	24938
~~and one shall be an advocate for persons receiving treatment for~~	24939
~~alcohol or drug addiction~~. The membership of the board shall, as	24940
nearly as possible, reflect the composition of the population of	24941
the service district as to race and sex. Members shall be	24942
residents of the service district and shall be interested in	24943
alcohol ~~and~~, drug, or gambling addiction services. Requirements	24944
for membership, including prohibitions against certain family and	24945
business relationships, and terms of office shall be the same as	24946
those for members of boards of alcohol, drug addiction, and mental	24947
health services.	24948

A community mental health board shall consist of eighteen	24949
members or fourteen members, at the election of the board. Not	24950
later than January 1, 2014, each community mental health board	24951
shall notify the department of mental health and addiction	24952
services of its election to operate as an eighteen-member board or	24953
to operate as a fourteen-member board. The election shall be	24954
final. Failure to provide notice of its election to the department	24955
on or before January 1, 2014, shall constitute an election to	24956
continue to operate as an eighteen-member board. If an existing	24957
board provides timely notice of its election to operate as a	24958
fourteen-member board, the number of board members may decline	24959
from eighteen to fourteen by attrition as current members' terms	24960
expire. However, the composition of the board must reflect the	24961
requirements set forth in this section and in applicable	24962
provisions of section 340.02 of the Revised Code for	24963
fourteen-member boards. For boards operating as eighteen-member	24964
boards, six ~~of whom~~members shall be appointed by the director of	24965
~~mental health~~mental health and addiction services and twelve of	24966
~~whom~~members shall be appointed by the board of county	24967
commissioners. ~~Of the members appointed by the~~The director~~, one~~	24968
~~shall be~~of mental health and addiction services shall ensure that	24969
at least one member of the board is a person who has received or	24970
is receiving mental health services, at least one ~~shall be~~member	24971
is a parent or relative of such a person, and at least one ~~shall~~	24972
bemember is a ~~psychiatrist or a physician, and one shall be a~~	24973
clinician with experience in the delivery of mental health	24974
~~professional~~services. The membership of the board as nearly as	24975
possible shall reflect the composition of the population of the	24976
service district as to race and sex. Members shall be residents of	24977
the service district and shall be interested in mental health	24978
services. Requirements for membership, including prohibitions	24979
against certain family and business relationships, and terms of	24980
office shall be the same as those for members of boards of	24981
alcohol, drug addiction, and mental health services.	24982

(B) ~~If a board of county commissioners subject to division~~	24983
~~(A) of this section did not adopt a resolution providing for a~~	24984
~~board of alcohol, drug addiction, and mental health services, the~~	24985
~~board of county commissioners may establish such a board in~~	24986
~~accordance with the following procedures:~~	24987

~~(1) Not later than January 1, 2007, the board of county~~	24988
~~commissioners shall adopt a resolution expressing its intent to~~	24989
~~establish a board of alcohol, drug addiction, and mental health~~	24990
~~services.~~	24991

~~(2) After adopting a resolution under division (B)(1) of this~~	24992
~~section, the board of county commissioners shall instruct the~~	24993
~~county's community mental health board and alcohol and drug~~	24994
~~addiction services board to prepare a report on the feasibility,~~	24995
~~process, and proposed plan to establish a board of alcohol, drug~~	24996
~~addiction, and mental health services. The board of county~~	24997
~~commissioners shall specify the date by which the report must be~~	24998
~~submitted to the board for its review.~~	24999

~~(3) After reviewing the report prepared under division (B)(2)~~	25000
~~of this section, the board may adopt a final resolution~~	25001
~~establishing a board of alcohol, drug addiction, and mental health~~	25002
~~services. A final resolution establishing such a board shall be~~	25003
~~adopted not later than July 1, 2007.~~	25004

~~(C)~~(1) If a board of county commissioners subject to division	25005
(A) of this section did not adopt a final resolution providing for	25006
a board of alcohol, drug addiction, and mental health services ~~and~~	25007
~~did not establish such a board under division (B) of this section~~	25008
on or before July 1, 2007, the board of county commissioners may	25009
establish a board of alcohol, drug addiction, and mental health	25010
services on or after the effective date of this amendment. To	25011
establish the board, the board of county commissioners shall adopt	25012
a resolution providing for the board's establishment. The	25013
composition of the board, the procedures for appointing members,	25014
and all other matters related to the board and its members are	25015
subject to section 340.02 of the Revised Code, with the following	25016
exceptions:	25017

(a) For initial appointments to the board, the county's	25018
community mental health board and alcohol and drug addiction	25019
services board shall jointly recommend members of those boards for	25020
reappointment and shall submit the recommendations to the board of	25021
county commissioners~~, director of mental health,~~ and the director	25022
of ~~alcohol and drug addiction services~~mental health and addiction	25023
services.	25024

(b) To the greatest extent possible, the appointing	25025
authorities shall appoint the initial members from among the	25026
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	25027
section.	25028

(2) If a board of alcohol, drug addiction, and mental health	25029
services is established pursuant to division ~~(C)~~(B)(1) of this	25030
section, the board has the same rights, privileges, immunities,	25031
powers, and duties that were possessed by the county's community	25032
mental health board and alcohol and drug addiction services board.	25033
When the board is established, all property and obligations of the	25034
community mental health board and alcohol and drug addiction	25035
services board shall be transferred to the board of alcohol, drug	25036
addiction, and mental health services.	25037

Sec. 340.03. (A) Subject to rules issued by the director of	25038
~~mental health~~mental health and addiction services after	25039
consultation with relevant constituencies as required by division	25040
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	25041
~~regard to mental health services,~~ the board of alcohol, drug	25042
addiction, and mental health services shall:	25043

(1) Serve as the community addiction and mental health	25044
services planning agency for the county or counties under its	25045
jurisdiction, and in so doing it shall:	25046

(a) Evaluate the need for facilities and community addiction	25047
and mental health services;	25048

(b) In cooperation with other local and regional planning and	25049
funding bodies and with relevant ethnic organizations, assess the	25050
community addiction and mental health needs, evaluate strengths	25051
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	25052
~~operation of facilities and~~ community addiction and mental health	25053
services, including treatment and prevention. When the board sets	25054
priorities for the operation of addiction services, the board	25055
shall consult with the county commissioners of the counties in the	25056
board's service district regarding the services described in	25057
section 340.15 of the Revised Code and shall give priority to	25058
those services, except that those services shall not have a	25059
priority over services provided to pregnant women under programs	25060
developed in relation to the mandate established in section	25061
5119.17 of the Revised Code;	25062

(c) In accordance with guidelines issued by the director of	25063
~~mental health~~mental health and addiction services after	25064
consultation with board representatives, annually develop and	25065
submit to the department of ~~mental health~~mental health and	25066
addiction services a community addiction and mental health	25067
services plan listing community addiction and mental health	25068
services needs, including the needs of all residents of the	25069
district ~~now residing in state mental institutions and severely~~	25070
~~mentally disabled adults, children, and adolescents;~~currently	25071
receiving inpatient services in state-operated hospitals, the	25072
needs of other populations as required by state or federal law or	25073
programs, the needs of all children subject to a determination	25074
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	25075
priorities for facilities and community addiction and mental	25076
health services ~~that are or will be in operation or provided~~	25077
during the period for which the plan will be in ~~operation in the~~	25078
~~service district to meet such needs~~effect.	25079

In alcohol, drug addiction, and mental health service	25080
districts that have separate alcohol and drug addiction services	25081
and community mental health boards, the alcohol and drug addiction	25082
services board shall submit a community addiction services plan	25083
and the community mental health board shall submit a community	25084
mental health services plan. Each board shall consult with its	25085
counterpart in developing its plan and address the interaction	25086
between the local addiction services and mental health services	25087
systems and populations with regard to needs and priorities in	25088
developing its plan.	25089

~~The plan shall include, but not be limited to, a statement of~~	25090
~~which of the services listed in section 340.09 of the Revised Code~~	25091
~~the board intends to make available. The board must include crisis~~	25092
~~intervention services for individuals in an emergency situation in~~	25093
~~the plan and explain how the board intends to make such services~~	25094
~~available. The plan must also include a statement of the inpatient~~	25095
~~and community-based services the board proposes that the~~	25096
~~department operate, an assessment of the number and types of~~	25097
~~residential facilities needed, such other information as the~~	25098
~~department requests, and a budget for moneys the board expects to~~	25099
~~receive.~~ The department shall approve or disapprove the plan, in	25100
whole or in part, according to the criteria developed pursuant to	25101
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	25102
~~statement of approval or disapproval shall specify the inpatient~~	25103
~~and the community-based services that the department will operate~~	25104
~~for the board.~~ Eligibility for state and federal funding shall be	25105
contingent upon an approved plan or relevant part of a plan.	25106

If a board determines that it is necessary to amend a plan or	25107
~~an allocation request~~ that has been approved under this division	25108
~~(A)(1)(c) of this section~~, the board shall submit a proposed	25109
amendment to the director. The director may approve or disapprove	25110
all or part of the amendment. The director shall inform the board	25111
of the reasons for disapproval of all or part of an amendment and	25112
of the criteria that must be met before the amendment may be	25113
approved. The director shall provide the board an opportunity to	25114
present its case on behalf of the amendment. The director shall	25115
give the board a reasonable time in which to meet the criteria,	25116
and shall offer the board technical assistance to help it meet the	25117
criteria.	25118

The board shall ~~implement~~operate in accordance with the plan	25119
approved by the department.	25120

(d) Promote, arrange, and implement working agreements with	25121
social agencies, both public and private, and with judicial	25122
agencies.	25123

(2) Investigate, or request another agency to investigate,	25124
any complaint alleging abuse or neglect of any person receiving	25125
services from a community addiction or mental health ~~agency as~~	25126
~~defined in section 5122.01 of the Revised Code~~services provider	25127
certified under section 5119.36 of the Revised Code or alleging	25128
abuse or neglect of a ~~person~~resident receiving addiction services	25129
or with mental illness or severe mental disability residing in a	25130
residential facility licensed under section ~~5119.22~~5119.34 of the	25131
Revised Code. If the investigation substantiates the charge of	25132
abuse or neglect, the board shall take whatever action it	25133
determines is necessary to correct the situation, including	25134
notification of the appropriate authorities. Upon request, the	25135
board shall provide information about such investigations to the	25136
department.	25137

(3) For the purpose of section ~~5119.611~~5119.36 of the	25138
Revised Code, cooperate with the director of ~~mental health~~mental	25139
health and addiction services in visiting and evaluating whether	25140
the services of a community addiction or mental health ~~agency~~	25141
services provider satisfy the certification standards established	25142
by rules adopted under that section;	25143

(4) In accordance with criteria established under division	25144
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	25145
program audits that review and evaluate the quality,	25146
effectiveness, and efficiency of services provided through its	25147
community addiction and mental health ~~plan~~contracted services and	25148
submit its findings and recommendations to the department of	25149
~~mental health~~mental health and addiction services;	25150

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	25151
Code, review an application for a residential facility license and	25152
provide to the department of ~~mental health~~mental health and	25153
addiction services any information about the applicant or facility	25154
that the board would like the department to consider in reviewing	25155
the application;	25156

(6) ~~Audit, in accordance with rules adopted by the auditor of~~	25157
~~state pursuant to section 117.20 of the Revised Code, at least~~	25158
~~annually all programs and services provided under contract with~~	25159
~~the board. In so doing, the board may contract for or employ the~~	25160
~~services of private auditors. A~~Obtain a copy of the fiscal audit	25161
report of all provider organizations under contract with the	25162
board. The fiscal audit report shall be provided to the director	25163
of ~~mental health~~mental health and addiction services, the auditor	25164
of state, and the county auditor of each county in the board's	25165
district. Nothing in division (A)(6) of this section shall be	25166
interpreted as prohibiting or requiring the inclusion of	25167
provisions requiring performance audits or periodic fiscal reports	25168
in contracts negotiated between the board and services providers.	25169
However, any provision in such a contract requiring a performance	25170
audit or periodic fiscal report shall relate only to programs and	25171
services paid for by the board in question with local funds.	25172

(7) Recruit and promote local financial support for addiction	25173
and mental health ~~programs~~services from private and public	25174
sources;	25175

(8)(a) Enter into contracts with public and private	25176
facilities for the operation of facility services ~~included in the~~	25177
~~board's community mental health plan~~ and enter into contracts with	25178
public and private community addiction and mental health ~~agencies~~	25179
service providers for the provision of community addiction and	25180
mental health services ~~that are listed in section 340.09 of the~~	25181
~~Revised Code and included in the board's community mental health~~	25182
~~plan~~. The board may not contract with a residential facility	25183
subject to section 5119.34 of the Revised Code unless the facility	25184
is licensed by the director of mental health and addiction	25185
services and may not contract with a community addiction or mental	25186
health ~~agency~~services provider to provide community addiction or	25187
mental health services ~~included in the board's community mental~~	25188
~~health plan~~ unless the services are certified by the director of	25189
~~mental health~~mental health and addiction services under section	25190
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	25191
Revised Code does not apply to contracts entered into under this	25192
division. In contracting with a community addiction or mental	25193
health ~~agency~~services provider, a board shall consider the cost	25194
effectiveness of services provided by that ~~agency~~provider and	25195
the quality and continuity of care, and may review cost elements,	25196
including salary costs, of the services to be provided. A	25197
utilization review process ~~shall~~may be established as part of the	25198
contract for services entered into between a board and a community	25199
addiction or mental health ~~agency~~services provider. The board	25200
may establish this process in a way that is most effective and	25201
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	25202
~~with a community mental health agency or facility, as defined in~~	25203
~~section 5111.023 of the Revised Code, to provide services listed~~	25204
~~in division (B) of that section shall provide for the agency or~~	25205
~~facility to be paid in accordance with the contract entered into~~	25206
~~between the departments of job and family services and mental~~	25207
~~health under section 5111.91 of the Revised Code and any rules~~	25208
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	25209

If either the board or a facility or community addiction or	25210
mental health ~~agency~~services provider with which the board	25211
contracts under this division ~~(A)(8)(a) of this section~~ proposes	25212
not to renew the contract or proposes substantial changes in	25213
contract terms, the other party shall be given written notice at	25214
least one hundred twenty days before the expiration date of the	25215
contract. During the first sixty days of this one hundred	25216
twenty-day period, both parties shall attempt to resolve any	25217
dispute through good faith collaboration and negotiation in order	25218
to continue to provide services to persons in need. If the dispute	25219
has not been resolved sixty days before the expiration date of the	25220
contract, either party may notify the department of ~~mental health~~	25221
mental health and addiction services of the unresolved dispute.	25222
The director may require both parties to submit the dispute to a	25223
third party with the cost to be shared by the board and the	25224
facility or ~~community mental health agency~~provider. The third	25225
party shall issue to the board, the facility or ~~agency~~provider,	25226
and the department recommendations on how the dispute may be	25227
resolved twenty days prior to the expiration date of the contract,	25228
unless both parties agree to a time extension. The director shall	25229
adopt rules establishing the procedures of this dispute resolution	25230
process.	25231

(b) With the prior approval of the director of ~~mental health~~	25232
mental health and addiction services, a board may operate a	25233
facility or provide a community addiction or mental health service	25234
as follows, if there is no other qualified private or public	25235
facility or community addiction or mental health ~~agency~~services	25236
provider that is immediately available and willing to operate such	25237
a facility or provide the service:	25238

(i) In an emergency situation, any board may operate a	25239
facility or provide a community addiction or mental health service	25240
in order to provide essential services for the duration of the	25241
emergency;	25242

(ii) In a service district with a population of at least one	25243
hundred thousand but less than five hundred thousand, a board may	25244
operate a facility or provide a community addiction or mental	25245
health service for no longer than one year;	25246

(iii) In a service district with a population of less than	25247
one hundred thousand, a board may operate a facility or provide a	25248
community addiction or mental health service for no longer than	25249
one year, except that such a board may operate a facility or	25250
provide a community addiction or mental health service for more	25251
than one year with the prior approval of the director and the	25252
prior approval of the board of county commissioners, or of a	25253
majority of the boards of county commissioners if the district is	25254
a joint-county district.	25255

The director shall not give a board approval to operate a	25256
facility or provide a community addiction or mental health service	25257
under division (A)(8)(b)(ii) or (iii) of this section unless the	25258
director determines that it is not feasible to have the department	25259
operate the facility or provide the service.	25260

The director shall not give a board approval to operate a	25261
facility or provide a community addiction or mental health service	25262
under division (A)(8)(b)(iii) of this section unless the director	25263
determines that the board will provide greater administrative	25264
efficiency and more or better services than would be available if	25265
the board contracted with a private or public facility or	25266
community addiction or mental health ~~agency~~services provider.	25267

The director shall not give a board approval to operate a	25268
facility previously operated by a person or other government	25269
entity unless the board has established to the director's	25270
satisfaction that the person or other government entity cannot	25271
effectively operate the facility or that the person or other	25272
government entity has requested the board to take over operation	25273
of the facility. The director shall not give a board approval to	25274
provide a community addiction or mental health service previously	25275
provided by a community addiction or mental health ~~agency~~services	25276
provider unless the board has established to the director's	25277
satisfaction that the ~~agency~~provider cannot effectively provide	25278
the service or that the ~~agency~~provider has requested the board	25279
take over providing the service.	25280

The director shall review and evaluate a board's operation of	25281
a facility and provision of community addiction or mental health	25282
service under division (A)(8)(b) of this section.	25283

Nothing in division (A)(8)(b) of this section authorizes a	25284
board to administer or direct the daily operation of any facility	25285
or community addiction or mental health ~~agency~~services provider,	25286
but a facility or ~~agency~~provider may contract with a board to	25287
receive administrative services or staff direction from the board	25288
under the direction of the governing body of the facility or	25289
~~agency~~provider.	25290

(9) Approve fee schedules and related charges or adopt a unit	25291
cost schedule or other methods of payment for contract services	25292
provided by community addiction or mental health ~~agencies~~services	25293
providers in accordance with guidelines issued by the department	25294
as necessary to comply with state and federal laws pertaining to	25295
financial assistance;	25296

(10) Submit to the director and the county commissioners of	25297
the county or counties served by the board, and make available to	25298
the public, an annual report of the ~~programs~~services under the	25299
jurisdiction of the board, including a fiscal accounting;	25300

(11) Establish, to the extent resources are available, a	25301
~~community support system~~continuum of care, which provides for	25302
prevention, treatment, support, and rehabilitation services and	25303
opportunities. The essential elements of the ~~system~~continuum	25304
include, but are not limited to, the following components in	25305
accordance with section ~~5119.06~~5119.21 of the Revised Code:	25306

(a) To locate persons in need of addiction or mental health	25307
services to inform them of available services and benefits	25308
~~mechanisms~~;	25309

(b) Assistance for ~~clients~~persons receiving services to	25310
obtain services necessary to meet basic human needs for food,	25311
clothing, shelter, medical care, personal safety, and income;	25312

(c) ~~Mental~~Addiction and mental health ~~care~~services,	25313
including, but not limited to, outpatient, residential, partial	25314
hospitalization, and, where appropriate, inpatient care;	25315

(d) Emergency services and crisis intervention;

25316

(e) Assistance for ~~clients~~persons receiving services to	25317
obtain vocational services and opportunities for jobs;	25318

(f) The provision of services designed to develop social,	25319
community, and personal living skills;	25320

(g) Access to a wide range of housing and the provision of	25321
residential treatment and support;	25322

(h) Support, assistance, consultation, and education for	25323
families, friends, ~~consumers of~~persons receiving addiction or	25324
mental health services, and others;	25325

(i) Recognition and encouragement of families, friends,	25326
neighborhood networks, especially networks that include racial and	25327
ethnic minorities, churches, community organizations, and	25328
~~meaningful~~community employment as natural supports for ~~consumers~~	25329
ofpersons receiving addiction or mental health services;	25330

(j) Grievance procedures and protection of the rights of	25331
~~consumers of~~persons receiving addiction or mental health	25332
services;	25333

(k) ~~Case management~~Community psychiatric supportive	25334
treatment services, which includes continual individualized	25335
assistance and advocacy to ensure that needed services are offered	25336
and procured.	25337

(12) Establish a method for evaluating referrals for	25338
involuntary commitment and affidavits filed pursuant to section	25339
5122.11 of the Revised Code in order to assist the probate	25340
division of the court of common pleas in determining whether there	25341
is probable cause that a respondent is subject to involuntary	25342
hospitalization and what alternative treatment is available and	25343
appropriate, if any;	25344

(13) Designate the treatment ~~program~~services, ~~agency~~	25345
provider, or facility, or other placement for each person	25346
involuntarily committed to the board pursuant to Chapter 5122. of	25347
the Revised Code ~~and authorize payment for such treatment~~. The	25348
board shall provide the least restrictive and most appropriate	25349
alternative that is available for any person involuntarily	25350
committed to it and shall assure that the listed services ~~listed~~	25351
insubmitted and approved in accordance with division (B) of	25352
section ~~340.09~~340.08 of the Revised Code are available to	25353
severely mentally disabled persons residing within its service	25354
district. The board shall establish the procedure for authorizing	25355
payment for services, which may include prior authorization in	25356
appropriate circumstances. The board may provide for services	25357
directly to a severely mentally disabled person when life or	25358
safety is endangered and when no community mental health ~~agency~~	25359
services provider is available to provide the service.	25360

~~(13) Establish a method for evaluating referrals for~~	25361
~~involuntary commitment and affidavits filed pursuant to section~~	25362
~~5122.11 of the Revised Code in order to assist the probate~~	25363
~~division of the court of common pleas in determining whether there~~	25364
~~is probable cause that a respondent is subject to involuntary~~	25365
~~hospitalization and what alternative treatment is available and~~	25366
~~appropriate, if any;~~	25367

(14) Ensure that apartments or rooms built, subsidized,	25368
renovated, rented, owned, or leased by the board or a community	25369
addiction or mental health ~~agency~~services provider have been	25370
approved as meeting minimum fire safety standards and that persons	25371
residing in the rooms or apartments are receiving appropriate and	25372
necessary services, including culturally relevant services, from a	25373
community addiction or mental health ~~agency~~services provider.	25374
This division does not apply to residential facilities licensed	25375
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	25376

(15) Establish a mechanism for obtaining advice and	25377
involvement of ~~consumer recommendation and advice~~persons	25378
receiving publicly funded addiction or mental health services on	25379
matters pertaining to addiction and mental health services in the	25380
alcohol, drug addiction, and mental health service district;	25381

(16) Perform the duties required by rules adopted under	25382
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	25383
the board or mental health ~~agencies~~services providers under	25384
contract with the board of individuals with mental illness or	25385
severe mental disability to residential facilities as defined in	25386
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	25387
Code and effective arrangements for ongoing mental health services	25388
for the individuals. The board is accountable in the manner	25389
specified in the rules for ensuring that the ongoing mental health	25390
services are effectively arranged for the individuals.	25391

(B) The board shall establish such rules, operating	25392
procedures, standards, and bylaws, and perform such other duties	25393
as may be necessary or proper to carry out the purposes of this	25394
chapter.	25395

(C) A board of alcohol, drug addiction, and mental health	25396
services may receive by gift, grant, devise, or bequest any	25397
moneys, lands, or property for the benefit of the purposes for	25398
which the board is established, and may hold and apply it	25399
according to the terms of the gift, grant, or bequest. All money	25400
received, including accrued interest, by gift, grant, or bequest	25401
shall be deposited in the treasury of the county, the treasurer of	25402
which is custodian of the alcohol, drug addiction, and mental	25403
health services funds to the credit of the board and shall be	25404
available for use by the board for purposes stated by the donor or	25405
grantor.	25406

(D) No board member or employee of a board of alcohol, drug	25407
addiction, and mental health services shall be liable for injury	25408
or damages caused by any action or inaction taken within the scope	25409
of the board member's official duties or the employee's	25410
employment, whether or not such action or inaction is expressly	25411
authorized by this section~~, section 340.033,~~ or any other section	25412
of the Revised Code, unless such action or inaction constitutes	25413
willful or wanton misconduct. Chapter 2744. of the Revised Code	25414
applies to any action or inaction by a board member or employee of	25415
a board taken within the scope of the board member's official	25416
duties or employee's employment. For the purposes of this	25417
division, the conduct of a board member or employee shall not be	25418
considered willful or wanton misconduct if the board member or	25419
employee acted in good faith and in a manner that the board member	25420
or employee reasonably believed was in or was not opposed to the	25421
best interests of the board and, with respect to any criminal	25422
action or proceeding, had no reasonable cause to believe the	25423
conduct was unlawful.	25424

(E) The meetings held by any committee established by a board	25425
of alcohol, drug addiction, and mental health services shall be	25426
considered to be meetings of a public body subject to section	25427
121.22 of the Revised Code.	25428

Sec. 340.031. A board of alcohol, drug addiction, and mental	25429
health services may:	25430

(A) Inspect any residential facility licensed under section	25431
~~5119.22~~5119.34 of the Revised Code and located in its district,	25432
~~pursuant to a contract with the department of mental health~~;	25433

(B) Acquire, convey, lease, or enter into a contract to	25434
purchase, lease, or sell property for community addiction and	25435
mental health ~~and alcohol and drug addiction~~ services and related	25436
purposes, and enter into loan agreements, including mortgages, for	25437
the acquisition of such property.	25438

Sec. 340.032. The board of alcohol, drug addiction, and	25439
mental health services shall employ a qualified mental health or	25440
~~alcohol or drug~~ addiction services professional with experience in	25441
administration or a professional administrator with experience in	25442
mental health or ~~alcohol or drug~~ addiction services to serve as	25443
executive director of the board and shall prescribe the director's	25444
duties.	25445

The board shall fix the compensation of the executive	25446
director. In addition to such compensation, the director shall be	25447
reimbursed for actual and necessary expenses incurred in the	25448
performance of ~~his~~the director's official duties. The board, by	25449
majority vote of the full membership, may remove the director for	25450
cause, upon written charges, after an opportunity has been	25451
afforded ~~him~~the director for a hearing before the board on	25452
request.	25453

The board may delegate to its executive director the	25454
authority to act in its behalf in the performance of its	25455
administrative duties.	25456

As used in this section, "mental health professional" and	25457
"addiction services professional" mean an individual who is	25458
qualified to work with mentally ill persons or persons receiving	25459
addiction services, pursuant to standards established by the	25460
director of mental health and addiction services under Chapter	25461
5119. of the Revised Code.	25462

Sec. 340.04. In addition to such other duties as may be	25463
lawfully imposed, the executive director of a board of alcohol,	25464
drug addiction, and mental health services shall:	25465

(A) Serve as executive officer of the board and subject to	25466
the prior approval of the board for each contract, execute	25467
contracts on its behalf;	25468

(B) Supervise services and facilities provided, operated,	25469
contracted, or supported by the board to the extent of determining	25470
that ~~programs~~services and facilities are being administered in	25471
conformity with this chapter and rules of the director of ~~mental~~	25472
~~health and the department of~~ ~~alcohol and drug addiction services~~	25473
mental health and addiction services;	25474

(C) Provide consultation to ~~agencies, associations, or~~	25475
~~individuals~~addiction and mental health services providers	25476
providing services supported by the board;	25477

(D) Recommend to the board the changes necessary to increase	25478
the effectiveness of addiction and mental health services ~~and~~	25479
~~alcohol and drug addiction services~~ and other matters necessary or	25480
desirable to carry out this chapter;	25481

(E) Employ and remove from office such employees and	25482
consultants in the classified civil service and, subject to the	25483
approval of the board, employ and remove from office such other	25484
employees and consultants as may be necessary for the work of the	25485
board, and fix their compensation and reimbursement within the	25486
limits set by the salary schedule and the budget approved by the	25487
board;	25488

(F) Encourage the development and expansion of preventive,	25489
treatment, rehabilitative, and consultative ~~programs~~services in	25490
the field of addiction and mental health services with emphasis on	25491
continuity of care;	25492

(G) Prepare for board approval an annual report of the	25493
~~programs~~services and facilities under the jurisdiction of the	25494
board, including a fiscal accounting of all services;	25495

(H) Conduct such studies as may be necessary and practicable	25496
for the promotion of mental health, promotion of addiction	25497
services, and the prevention of mental illness, emotional	25498
disorders, and addiction ~~to alcohol and drugs~~;	25499

(I) Authorize the county auditor, or in a joint-county	25500
district the county auditor designated as the auditor for the	25501
district, to issue warrants for the payment of board obligations	25502
approved by the board, provided that all payments from funds	25503
distributed to the board by the department of mental health and	25504
addiction services are in accordance with the ~~comprehensive~~	25505
~~community mental health plan~~budget submitted pursuant to section	25506
340.08 of the Revised Code, as approved by the department of	25507
~~mental health, or with the alcohol and drug addiction services~~	25508
~~plan as approved by the department of alcohol and drug addiction~~	25509
~~services~~mental health and addiction services.	25510

Sec. 340.05. A community addiction or mental health ~~agency~~	25511
services provider that receives a complaint alleging abuse or	25512
neglect of an individual with mental illness or severe mental	25513
disability, or an individual receiving addiction services, who	25514
resides in a residential facility as defined in division (A)(9)(b)	25515
of section ~~5119.22~~5119.34 of the Revised Code shall report the	25516
complaint to the board of alcohol, drug addiction, and mental	25517
health services serving the alcohol, drug addiction, and mental	25518
health service district in which the residential facility is	25519
located. A board of alcohol, drug addiction, and mental health	25520
services that receives such a complaint or a report from a	25521
community addiction or mental health ~~agency~~services provider of	25522
such a complaint shall report the complaint to the director of	25523
~~mental health~~mental health and addiction services for the	25524
purpose of the director conducting an investigation under section	25525
~~5119.22~~5119.34 of the Revised Code. The board may enter the	25526
facility with or without the director and, if the health and	25527
safety of a resident is in immediate danger, take any necessary	25528
action to protect the resident. The board's action shall not	25529
violate any resident's rights specified in rules adopted by the	25530
department of ~~mental health~~mental health and addiction services	25531
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	25532
immediately report to the director regarding the board's actions	25533
under this section.	25534

Sec. 340.07. The board of county commissioners of any county	25535
participating in an alcohol, drug addiction, and mental health	25536
service district or joint-county district, upon receipt from the	25537
board of alcohol, drug addition, and mental health services of a	25538
resolution so requesting, may appropriate money to such board for	25539
the operation, lease, acquisition, construction, renovation, and	25540
maintenance of addiction or mental health services~~, programs,~~	25541
providers and facilities ~~for mentally ill and emotionally~~	25542
~~disturbed persons~~ in accordance with the comprehensive community	25543
addiction and mental health ~~plan or for alcohol and drug addiction~~	25544
~~programs in accordance with the alcohol and drug addiction~~	25545
~~services plan~~services budget approved by the department of mental	25546
health and addiction services pursuant to section 340.08 of the	25547
Revised Code.	25548

Sec. 340.08. In accordance with rules or guidelines issued	25549
by the director of mental health and addiction services, each	25550
board of alcohol, drug addiction, and mental health services shall	25551
do all of the following:	25552

(A) Submit to the department a report of receipts and	25553
expenditures for all federal, state, and local moneys the board	25554
expects to receive;	25555

(1) The report shall identify funds the board and public	25556
children services agencies in the board's service district have	25557
available to fund jointly the services described in section 340.15	25558
of the Revised Code.	25559

(2) The board's proposed budget for expenditures of state and	25560
federal funds distributed to the board by the department shall be	25561
deemed an application for funds, and the department shall approve	25562
or disapprove the budget for these expenditures. The department	25563
shall inform the board of the reasons for disapproval of the	25564
budget for the expenditure of state and federal funds and of the	25565
criteria that must be met before the budget may be approved. The	25566
director shall provide the board an opportunity to present its	25567
case on behalf of the submitted budget. The director shall give	25568
the board a reasonable time in which to meet the criteria and	25569
shall offer the board technical assistance to help it meet the	25570
criteria.	25571

If a board determines that it is necessary to amend a budget	25572
that has been approved under this section, the board shall submit	25573
a proposed amendment to the director. The director may approve or	25574
disapprove all or part of the amendment. The director shall inform	25575
the board of the reasons for disapproval of all or part of the	25576
amendment and of the criteria that must be met before the	25577
amendment may be approved. The director shall provide the board an	25578
opportunity to present its case on behalf of the amendment. The	25579
director shall give the board a reasonable time in which to meet	25580
the criteria and shall offer the board technical assistance to	25581
help it meet the criteria.	25582

(3) The director of mental health and addiction services, in	25583
whole or in part, may withhold funds otherwise to be allocated to	25584
a board of alcohol, drug addiction, and mental health services	25585
under Chapter 5119. of the Revised Code if the board's use of	25586
state and federal funds fails to comply with the approved budget,	25587
as it may be amended with the approval of the department.	25588

(B) Submit to the department a statement identifying the	25589
services described in section 340.09 of the Revised Code the board	25590
intends to make available. The board shall include crisis	25591
intervention services for individuals in emergency situations and	25592
services required pursuant to section 340.15 of the Revised Code,	25593
and the board shall explain the manner in which the board intends	25594
to make such services available. The list of services shall be	25595
compatible with the budget submitted pursuant to division (A) of	25596
this section. The department shall approve or disapprove the	25597
proposed listing of services to be made available. The department	25598
shall inform the board of the reasons for disapproval of the	25599
listing of proposed services and of the criteria that must be met	25600
before listing of proposed services may be approved. The director	25601
shall provide the board an opportunity to present its case on	25602
behalf of the submitted listing of proposed services. The director	25603
shall give the board a reasonable time in which to meet the	25604
criteria and shall offer the board technical assistance to help it	25605
meet the criteria.	25606

(C) Enter into a continuity of care agreement with the state	25607
institution operated by the department of mental health and	25608
addiction services and designated as the institution serving the	25609
district encompassing the board's service district. Subject to	25610
division (B) of section 340.011 of the Revised Code, the	25611
continuity of care agreement shall outline the department's and	25612
the board's responsibilities to plan for and coordinate with each	25613
other to address the needs of board residents who are patients in	25614
the institution, with an emphasis on managing appropriate hospital	25615
bed day use and discharge planning.	25616

(D) In conjunction with the department of mental health and	25617
addiction services, operate a coordinated system for tracking and	25618
monitoring persons found not guilty by reason of insanity and	25619
committed pursuant to section 2945.40 of the Revised Code who have	25620
been granted a conditional release and persons found incompetent	25621
to stand trial and committed pursuant to section 2945.39 of the	25622
Revised Code who have been granted a conditional release. The	25623
system shall do all of the following:	25624

(1) Centralize responsibility for the tracking of those	25625
persons;	25626

(2) Provide for uniformity in monitoring those persons;

25627

(3) Provide a mechanism to allow prompt rehospitalization,	25628
reinstitutionalization, or detention when a violation of the	25629
conditional release or decompensation occurs.	25630

(E) Submit to the department a report summarizing complaints	25631
and grievances received by the board concerning the rights of	25632
persons seeking or receiving services, investigations of	25633
complaints and grievances, and outcomes of the investigations.	25634

(F) Provide to the department information to be submitted to	25635
the community addiction and mental health information system or	25636
systems established by the department under Chapter 5119. of the	25637
Revised Code.	25638

(G) Annually, and upon any change in membership, submit to	25639
the department a list of all current members of the board of	25640
alcohol, drug addiction, and mental health services, including the	25641
appointing authority for each member, and the member's specific	25642
qualification for appointment pursuant to section 340.02 or	25643
340.021 of the Revised Code, if applicable.	25644

(H) Submit to the department other information as is	25645
reasonably required for purposes of the department's operations,	25646
service evaluation, reporting activities, research, system	25647
administration, and oversight.	25648

Sec. 340.09. (A) The department of ~~mental health~~mental	25649
health and addiction services shall provide assistance to any	25650
county for the operation of boards of alcohol, drug addiction, and	25651
mental health services ~~and~~, the provision of ~~the following~~	25652
services approved by the department within the continuum of care,	25653
the provision of approved support functions, and the partnership	25654
in, or support for, approved continuum of care-related activities	25655
from funds appropriated for that purpose by the general assembly:.	25656

~~(A) Outpatient;~~

25657

(B) Categories in the continuum of care may include all of	25658
the following:	25659

(1) Inpatient;

25660

~~(C) Partial hospitalization~~(2) Residential;

25661

~~(D) Rehabilitation~~(3) Outpatient treatment;

25662

~~(E)~~(4) Intensive and other supports;

25663

(5) Recovery support;

25664

(6) Prevention and wellness management.

25665

25666

(1) Consultation;

25667

~~(F) Mental health education and other preventive services;~~

25668

~~(G) Emergency;~~

25669

~~(H) Crisis intervention;~~

25670

~~(I)~~(2) Research;

25671

~~(J)~~(3) Administrative;

25672

~~(K)~~(4) Referral and information;

25673

~~(L) Residential;~~

25674

~~(M)~~(5) Training;

25675

~~(N) Substance abuse;~~

25676

~~(O)~~(6) Service and program evaluation;

25677

~~(P) Community support system;~~

25678

~~(Q) Case management;~~

25679

~~(R) Residential housing;~~

25680

~~(S) Other services approved by the board and the director of~~	25681
~~mental health~~.	25682

Sec. 340.091. Each board of alcohol, drug addiction, and	25683
mental health services shall contract with a community mental	25684
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	25685
section 340.03 of the Revised Code for the ~~agency~~provider to do	25686
all of the following in accordance with rules adopted under	25687
section ~~5119.61~~5119.22 of the Revised Code for an individual	25688
referred to the ~~agency~~provider under division (D)(2) of section	25689
~~5119.69~~5119.41 of the Revised Code:	25690

(A) Assess the individual and, if the ~~agency~~provider	25691
determines that the environment in which the individual will be	25692
living while receiving residential state supplement payments is	25693
appropriate for the individual's needs, issue a recommendation to	25694
the referring residential state supplement administrative agency	25695
that the referring agency should conclude that the living	25696
environment is appropriate when it makes its determination	25697
regarding the appropriateness of the environment;	25698

(B) Provide ongoing monitoring to ensure that listed services	25699
~~provided under~~submitted and approved under division (B) of	25700
section ~~340.09~~340.08 of the Revised Code are available to the	25701
individual;	25702

(C) Provide discharge planning to ensure the individual's	25703
earliest possible transition to a less restrictive environment.	25704

Sec. 340.10. The county auditor or, in a joint-county	25705
alcohol, drug addiction, and mental health service district, the	25706
auditor of the county, the treasurer of which has been designated	25707
in the agreement between the counties of the district as custodian	25708
of the community addiction and mental health services funds ~~and~~	25709
~~alcohol and drug addiction services funds~~, is hereby designated as	25710
the auditor and fiscal officer of an alcohol, drug addiction, and	25711
mental health service district or joint-county district. State	25712
funds allocated for the support of a service district shall be	25713
paid to the county treasurer or, in a joint-county district, to	25714
the treasurer of that county designated in the agreement as	25715
custodian of the community addiction and mental health services	25716
funds and authorized to make payments from such funds on order of	25717
the county auditor and on recommendation of the board of alcohol,	25718
drug addiction, and mental health services, or the executive	25719
director of the board when authorized by the board. The auditor	25720
shall submit to the board a detailed monthly statement of all	25721
receipts, disbursements, and ending balances for the community	25722
addiction and mental health services funds.	25723

Sec. 340.11. A board of alcohol, drug addiction, and mental	25724
health services may procure a policy or policies of insurance	25725
insuring board members or employees of the board or ~~agencies~~	25726
providers with which the board contracts against liability arising	25727
from the performance of their official duties. If the liability	25728
insurance is unavailable or the amount a board has procured or is	25729
able to procure is insufficient to cover the amount of a claim,	25730
the board may indemnify a board member or employee as follows:	25731

(A) For any action or inaction in the capacity of board	25732
member or employee or at the request of the board, whether or not	25733
the action or inaction is expressly authorized by this or any	25734
other section of the Revised Code, if both of the following apply:	25735

(1) The board member or employee acted in good faith and in a	25736
manner that the board member or employee reasonably believed was	25737
in or was not opposed to the best interests of the board; ~~and~~	25738

(2) With respect to any criminal action or proceeding, the	25739
board member or employee had no reason to believe the board	25740
member's or employee's conduct was unlawful.	25741

(B) Against any expenses, including attorneys' fees, the	25742
board member or employee actually and reasonably incurs as a	25743
result of a suit or other proceeding involving the defense of any	25744
action or inaction in the capacity of board member or employee or	25745
at the request of the board, or in defense of any claim, issue, or	25746
matter raised in connection with the defense of such an action or	25747
inaction, to the extent that the board member or employee is	25748
successful on the merits or otherwise.	25749

Sec. 340.12. No board of alcohol, drug addiction, and mental	25750
health services or any ~~agency, corporation, or association~~	25751
addiction or mental health services provider under contract with	25752
such a board shall discriminate in the provision of services under	25753
its authority, in employment, or contract on the basis of race,	25754
color, creed, sex, ~~creed,~~national origin, or disability~~, or~~	25755
~~national origin~~.	25756

Each board,and each community addiction or mental health	25757
~~agency, and each alcohol and drug addiction program~~services	25758
provider shall have a written affirmative action program. The	25759
affirmative action program shall include goals for the employment	25760
and effective utilization of, including contracts with, members of	25761
economically disadvantaged groups as defined in division (E)(1) of	25762
section 122.71 of the Revised Code in percentages reflecting as	25763
nearly as possible the composition of the alcohol, drug addiction,	25764
and mental health service district served by the board. Each	25765
board~~, agency,~~ and ~~program~~provider shall file a description of	25766
the affirmative action program and a progress report on its	25767
implementation with the department of ~~mental health or the~~	25768
~~department of alcohol and drug addiction services~~mental health	25769
and addiction services.	25770

Sec. 340.13. (A) As used in this section~~, "minority~~:

25771

(1) "Minority business enterprise" has the same meaning as in	25772
~~division (E)(1) of~~ section 122.71 of the Revised Code.	25773

(2) "EDGE business enterprise" has the same meaning as in	25774
section 123.152 of the Revised Code.	25775

(B) Any minority business enterprise that desires to bid on a	25776
contract under division (C) ~~or (D)~~ of this section shall first	25777
apply to the equal employment opportunity coordinator in the	25778
department of administrative services for certification as a	25779
minority business enterprise. Any EDGE business enterprise that	25780
desires to bid on a contract under division (D) of this section	25781
shall first apply to the equal employment opportunity coordinator	25782
of the department of administrative services for certification as	25783
an EDGE business enterprise. The coordinator shall approve the	25784
application of any minority business enterprise or EDGE business	25785
enterprise that complies with the rules adopted under section	25786
122.71 or 123.152 of the Revised Code, respectively. The	25787
coordinator shall prepare and maintain a list of minority business	25788
enterprises and EDGE business enterprises certified under ~~this~~	25789
~~section~~those sections.	25790

(C) From the contracts to be awarded for the purchases of	25791
equipment, materials, supplies, or services, other than contracts	25792
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	25793
each board of alcohol, drug addiction, and mental health services	25794
shall select a number of contracts with an aggregate value of	25795
approximately fifteen per cent of the total estimated value of	25796
contracts to be awarded in the current fiscal year. The board	25797
shall set aside the contracts so selected for bidding by minority	25798
business enterprises only. The bidding procedures for such	25799
contracts shall be the same as for all other contracts awarded	25800
under section 307.86 of the Revised Code, except that only	25801
minority business enterprises certified and listed ~~under~~pursuant	25802
to division (B) of this section shall be qualified to submit bids.	25803

(D) To the extent that a board is authorized to enter into	25804
contracts for construction, the board shall ~~set aside a number of~~	25805
~~contracts~~strive to attain a yearly contract dollar procurement	25806
goal the aggregate value of which equals approximately five per	25807
cent of the aggregate value of construction contracts for the	25808
current fiscal year for ~~bidding by minority~~EDGE business	25809
enterprises only. ~~The bidding procedures for the contracts set~~	25810
~~aside for minority business enterprises shall be the same as for~~	25811
~~all other contracts awarded by the board, except that only~~	25812
~~minority business enterprises certified and listed under division~~	25813
~~(B) of this section shall be qualified to submit bids.~~	25814

(E)(1) In the case of contracts set aside under ~~divisions~~	25815
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	25816
minority business enterprise, the contract shall be awarded	25817
according to normal bidding procedures. The board shall from time	25818
to time set aside such additional contracts as are necessary to	25819
replace those contracts previously set aside on which no minority	25820
business enterprise bid.	25821

(2) If a board, after having made a good faith effort, is	25822
unable to comply with the goal of procurement for contracting with	25823
EDGE business enterprises pursuant to division (D) of this	25824
section, the board may apply in writing, on a form prescribed by	25825
the department of administrative services, to the director of	25826
mental health and addiction services for a waiver or modification	25827
of the goal.	25828

(F) This section does not preclude any minority business	25829
enterprise or EDGE business enterprise from bidding on any other	25830
contract not specifically set aside for minority business	25831
enterprises or subject to procurement goals for EDGE business	25832
enterprises.	25833

(G) Within ninety days after the beginning of each fiscal	25834
year, each board shall file a report with the department of ~~mental~~	25835
~~health~~mental health and addiction services that shows for that	25836
fiscal year the name of each minority business enterprise and EDGE	25837
business enterprise with which the board entered into a contract,	25838
the value and type of each such contract, the total value of	25839
contracts awarded under divisions (C) and (D) of this section, the	25840
total value of contracts awarded for the purchases of equipment,	25841
materials, supplies, or services, other than contracts entered	25842
into under section 340.03 of the Revised Code, and the total value	25843
of contracts entered into for construction.	25844

(H) Any person who intentionally misrepresents ~~himself~~self	25845
as owning, controlling, operating, or participating in a minority	25846
business enterprise or an EDGE business enterprise for the purpose	25847
of obtaining contracts or any other benefits under this section	25848
shall be guilty of theft by deception as provided for in section	25849
2913.02 of the Revised Code.	25850

Sec. 340.15. (A) A public children services agency that	25851
identifies a child by a risk assessment conducted pursuant to	25852
section 5153.16 of the Revised Code as being at imminent risk of	25853
being abused or neglected because of an addiction of a parent,	25854
guardian, or custodian of the child to a drug of abuse or alcohol	25855
shall refer the child's addicted parent, guardian, or custodian	25856
and, if the agency determines that the child needs alcohol or	25857
other drug addiction services, the child to ~~an alcohol and drug~~a	25858
community addiction ~~program~~services provider certified by the	25859
department of ~~alcohol and drug addiction services~~mental health	25860
and addiction services under section ~~3793.06~~5119.36 of the	25861
Revised Code. A public children services agency that is sent a	25862
court order issued pursuant to division (B) of section 2151.3514	25863
of the Revised Code shall refer the addicted parent or other	25864
caregiver of the child identified in the court order to ~~an alcohol~~	25865
~~and drug~~a community addiction ~~program~~services provider	25866
certified by the department of ~~alcohol and drug addiction services~~	25867
mental health and addiction services under section ~~3793.06~~5119.36	25868
of the Revised Code. On receipt of a referral under this division	25869
and to the extent funding identified under division (A)(1) of	25870
section ~~340.033~~340.08 of the Revised Code is available, the	25871
~~program~~provider shall provide the following services to the	25872
addicted parent, guardian, custodian, or caregiver and child in	25873
need of ~~alcohol or other drug~~addiction services:	25874

(1) If it is determined pursuant to an initial screening to	25875
be needed, assessment and appropriate treatment;	25876

(2) Documentation of progress in accordance with a treatment	25877
plan developed for the addicted parent, guardian, custodian,	25878
caregiver, or child;	25879

(3) If the referral is based on a court order issued pursuant	25880
to division (B) of section 2151.3514 of the Revised Code and the	25881
order requires the specified parent or other caregiver of the	25882
child to submit to alcohol or other drug testing during, after, or	25883
both during and after, treatment, testing in accordance with the	25884
court order.	25885

(B) The services described in division (A) of this section	25886
shall have a priority as provided in the ~~alcohol and drug~~	25887
addiction and mental health services plan and budget established	25888
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	25889
Revised Code. Once a referral has been received pursuant to this	25890
section, the public children services agency and the ~~alcohol or~~	25891
~~drug~~ addiction ~~program~~services provider shall, in accordance with	25892
42 C.F.R. Part 2, share with each other any information concerning	25893
the persons and services described in that division that the	25894
agency and ~~program~~provider determine are necessary to share. If	25895
the referral is based on a court order issued pursuant to division	25896
(B) of section 2151.3514 of the Revised Code, the results and	25897
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	25898
services provider also shall be provided and used as described in	25899
division (D) of that section. Information obtained or maintained	25900
by the agency or ~~program~~provider pursuant to this section that	25901
could enable the identification of any person described in	25902
division (A) of this section is not a public record subject to	25903
inspection or copying under section 149.43 of the Revised Code.	25904

Sec. 340.16. ~~Not later than ninety days after September 5,~~	25905
~~2001, the~~The department of ~~mental health~~mental health and	25906
addiction services and the department of ~~job and family services~~	25907
medicaid shall adopt rules that establish requirements and	25908
procedures for prior notification and service coordination between	25909
public children services agencies and boards of alcohol, drug	25910
addiction, and mental health services when a public children	25911
services agency refers a child in its custody to a board for	25912
services funded by the board. The rules shall be adopted in	25913
accordance with Chapter 119. of the Revised Code.	25914

~~The department of mental health and department of job and~~	25915
~~family services shall collaborate in formulating a plan that~~	25916
~~delineates the funding responsibilities of public children~~	25917
~~services agencies and boards of alcohol, drug addiction, and~~	25918
~~mental health services for services provided under section~~	25919
~~5111.023 of the Revised Code to children in the custody of public~~	25920
~~children services agencies. The departments shall complete the~~	25921
~~plan not later than ninety days after September 5, 2001.~~	25922

Sec. 341.192. (A) As used in this section:

25923

(1) "Jail" means a county jail, or a multicounty,	25924
municipal-county, or multicounty-municipal correctional center.	25925

(2) ~~"Medical assistance program" has the same meaning as in~~	25926
~~section 2913.40 of the Revised Code.~~	25927

~~(3)~~ "Medical provider" means a physician, hospital,	25928
laboratory, pharmacy, or other health care provider that is not	25929
employed by or under contract to a county, municipal corporation,	25930
township, the department of youth services, or the department of	25931
rehabilitation and correction to provide medical services to	25932
persons confined in a jail or state correctional institution, or	25933
is in the custody of a law enforcement officer.	25934

~~(4)~~(3) "Necessary care" means medical care of a nonelective	25935
nature that cannot be postponed until after the period of	25936
confinement of a person who is confined in a jail or state	25937
correctional institution, or is in the custody of a law	25938
enforcement officer without endangering the life or health of the	25939
person.	25940

(B) If a physician employed by or under contract to a county,	25941
municipal corporation, township, the department of youth services,	25942
or the department of rehabilitation and correction to provide	25943
medical services to persons confined in a jail or state	25944
correctional institution determines that a person who is confined	25945
in the jail or state correctional institution or who is in the	25946
custody of a law enforcement officer prior to the person's	25947
confinement in a jail or state correctional institution requires	25948
necessary care that the physician cannot provide, the necessary	25949
care shall be provided by a medical provider. The county,	25950
municipal corporation, township, the department of youth services,	25951
or the department of rehabilitation and correction shall pay a	25952
medical provider for necessary care an amount not exceeding the	25953
authorized reimbursement rate for the same service established by	25954
the department of ~~job and family services~~medicaid under the	25955
~~medical assistance~~medicaid program.	25956

Sec. 349.01. As used in this chapter:

25957

(A) "New community" means a community or an addition to an	25958
existing community planned pursuant to this chapter so that it	25959
includes facilities for the conduct of industrial, commercial,	25960
residential, cultural, educational, and recreational activities,	25961
and designed in accordance with planning concepts for the	25962
placement of utility, open space, and other supportive facilities.	25963

In the case of a new community authority established within	25964
three years after March 22, 2012, the effective date of H.B. 225	25965
of the 129th general assembly, "new community" may mean a	25966
community or development of property planned under this chapter in	25967
relation to an existing community so that the community includes	25968
facilities for the conduct of community activities, and is	25969
designed in accordance with planning concepts for the placement of	25970
utility, open space, and other supportive facilities for the	25971
community.	25972

(B) "New community development program" means a program for	25973
the development of a new community characterized by well-balanced	25974
and diversified land use patterns and which includes land	25975
acquisition and land development, the acquisition, construction,	25976
operation, and maintenance of community facilities, and the	25977
provision of services authorized in this chapter.	25978

In the case of a new community authority established within	25979
three years after March 22, 2012, the effective date of H.B. 225	25980
of the 129th general assembly, a new community development program	25981
may take into account any existing community in relation to which	25982
a new community is developed for purposes of being characterized	25983
by well-balanced and diversified land use patterns.	25984

(C) "New community district" means the area of land described	25985
by the developer in the petition as set forth in division (A) of	25986
section 349.03 of the Revised Code for development as a new	25987
community and any lands added to the district by amendment of the	25988
resolution establishing the community authority.	25989

(D) "New community authority" means a body corporate and	25990
politic in this state, established pursuant to section 349.03 of	25991
the Revised Code and governed by a board of trustees as provided	25992
in section 349.04 of the Revised Code.	25993

(E) "Developer" means any person, organized for carrying out	25994
a new community development program who owns or controls, through	25995
leases of at least seventy-five years' duration, options, or	25996
contracts to purchase, the land within a new community district,	25997
or any municipal corporation, county, or port authority that owns	25998
the land within a new community district, or has the ability to	25999
acquire such land, either by voluntary acquisition or condemnation	26000
in order to eliminate slum, blighted, and deteriorated or	26001
deteriorating areas and to prevent the recurrence thereof. In the	26002
case of a new community authority established within three years	26003
after March 22, 2012, the effective date of H.B. 225 of the 129th	26004
general assembly, "developer" may mean a person, municipal	26005
corporation, county, or port authority that controls land within a	26006
new community district through leases of at least forty years'	26007
duration.	26008

(F) "Organizational board of commissioners" means~~, if the~~the	26009
following:	26010

(1) For a new community district that is located in only one	26011
county, the board of county commissioners of ~~such~~that county; if	26012

(2) For a new community district that is located in more than	26013
one county, a board consisting of the members of the board of	26014
county commissioners of each of the counties in which the district	26015
is located, provided that action of ~~such~~the board shall require a	26016
majority vote of the members of each separate board of county	26017
commissioners; or~~, if~~	26018

(3) For a new community district that is located entirely	26019
within the boundaries of a municipal corporation or for a new	26020
community district where more than half of the new community	26021
district is located within the boundaries of the most populous	26022
municipal corporation of a county, the legislative authority of	26023
the municipal corporation.	26024

(G) "Land acquisition" means the acquisition of real property	26025
and interests in real property as part of a new community	26026
development program.	26027

(H) "Land development" means the process of clearing and	26028
grading land, making, installing, or constructing water	26029
distribution systems, sewers, sewage collection systems, steam,	26030
gas, and electric lines, roads, streets, curbs, gutters,	26031
sidewalks, storm drainage facilities, and other installations or	26032
work, whether within or without the new community district, and	26033
the construction of community facilities.	26034

(I)(1) "Community facilities" means all real property,	26035
buildings, structures, or other facilities, including related	26036
fixtures, equipment, and furnishings, to be owned, operated,	26037
financed, constructed, and maintained under this chapter,	26038
including public, community, village, neighborhood, or town	26039
buildings, centers and plazas, auditoriums, day care centers,	26040
recreation halls, educational facilities, hospital facilities as	26041
defined in section 140.01 of the Revised Code, recreational	26042
facilities, natural resource facilities, including parks and other	26043
open space land, lakes and streams, cultural facilities, community	26044
streets, pathway and bikeway systems, pedestrian underpasses and	26045
overpasses, lighting facilities, design amenities, or other	26046
community facilities, and buildings needed in connection with	26047
water supply or sewage disposal installations or steam, gas, or	26048
electric lines or installation.	26049

(2) In the case of a new community authority established	26050
within three years after March 22, 2012, the effective date of	26051
H.B. 225 of the 129th general assembly, "community facilities" may	26052
mean, in addition to the facilities authorized in division (I)(1)	26053
of this section, any community facilities that are owned,	26054
operated, financed, constructed, or maintained for, relating to,	26055
or in furtherance of community activities, including, but not	26056
limited to, town buildings or other facilities, health care	26057
facilities including, but limited to, hospital facilities, and	26058
off-street parking facilities.	26059

(J) "Cost" as applied to a new community development program	26060
means all costs related to land acquisition and land development,	26061
the acquisition, construction, maintenance, and operation of	26062
community facilities and offices of the community authority, and	26063
of providing furnishings and equipment therefor, financing charges	26064
including interest prior to and during construction and for the	26065
duration of the new community development program, planning	26066
expenses, engineering expenses, administrative expenses including	26067
working capital, and all other expenses necessary and incident to	26068
the carrying forward of the new community development program.	26069

(K) "Income source" means any and all sources of income to	26070
the community authority, including community development charges	26071
of which the new community authority is the beneficiary as	26072
provided in section 349.07 of the Revised Code, rentals, user fees	26073
and other charges received by the new community authority, any	26074
gift or grant received, any moneys received from any funds	26075
invested by or on behalf of the new community authority, and	26076
proceeds from the sale or lease of land and community facilities.	26077

(L) "Community development charge" means:

26078

(1) A dollar amount which shall be determined on the basis of	26079
the assessed valuation of real property or interests in real	26080
property in a new community district sold, leased, or otherwise	26081
conveyed by the developer or the new community authority, the	26082
income of the residents of such property subject to such charge	26083
under section 349.07 of the Revised Code, if such property is	26084
devoted to residential uses or to the profits of any business, a	26085
uniform fee on each parcel of such real property originally sold,	26086
leased, or otherwise conveyed by the developer or new community	26087
authority, or any combination of the foregoing bases.	26088

(2) For a new community authority that is established within	26089
three years after March 22, 2012, the effective date of H.B. 225	26090
of the 129th general assembly, "community development charge"	26091
includes, in addition to the charges authorized in division (L)(1)	26092
of this section, a charge determined on the basis of all or a part	26093
of the income of the residents of real property within the new	26094
community district if such property is devoted to residential uses	26095
or of persons employed within the district, or all or a part of	26096
the profits, gross receipts, or other revenues of any business	26097
operating in the new community district, including, but not	26098
limited to, rentals received from leases of real property located	26099
in the district. If a new community authority imposes a community	26100
development charge determined on the basis of rentals received	26101
from leases of real property, improvements of any such leased real	26102
property located in the new community district and subject to that	26103
charge may not be exempted from taxation under section 5709.40,	26104
5709.41, 5709.73, or 5709.78 of the Revised Code.	26105

(M) "Proximate city" means any city that, as of the date of	26106
filing of the petition under section 349.03 of the Revised Code,	26107
is the city with the greatest population located in the county in	26108
which the proposed new community district is located, is the city	26109
with the greatest population located in an adjoining county if any	26110
portion of such city is within five miles of any part of the	26111
boundaries of such district, or exercises extraterritorial	26112
subdivision authority under section 711.09 of the Revised Code	26113
with respect to any part of such district.	26114

In the case of a new community authority that is established	26115
within three years after March 22, 2012, the effective date of	26116
H.B. 225 of the 129th general assembly, "proximate city" may mean	26117
a municipal corporation in which, at the time of filing the	26118
petition under section 349.03 of the Revised Code, any portion of	26119
the proposed new community district is located, or, if at the time	26120
of that filing more than one-half of the proposed district is	26121
contained within a joint economic development district created	26122
under sections 715.70 to 715.83 of the Revised Code, the township	26123
containing the greatest portion of the territory of the joint	26124
economic development district.	26125

(N) "Community activities" means cultural, educational,	26126
governmental, recreational, residential, industrial, commercial,	26127
distribution and research activities, or any combination thereof	26128
that includes residential activities.	26129

Sec. 349.04. The following method of selecting a board of	26130
trustees is deemed to be a compelling state interest. Within ten	26131
days after the new community authority has been established, as	26132
provided in section 349.03 of the Revised Code, an initial board	26133
of trustees shall be appointed as follows: the organizational	26134
board of commissioners shall appoint by resolution at least three,	26135
but not more than six, citizen members of the board of trustees to	26136
represent the interests of present and future residents of the new	26137
community district and one member to serve as a representative of	26138
local government, and the developer shall appoint a number of	26139
members equal to the number of citizen members to serve as	26140
representatives of the developer. In the case of a new community	26141
authority established within three years after March 22, 2012, the	26142
citizen members may represent present and future employers within	26143
the new community district and any present or future residents of	26144
the district.	26145

Members shall serve two-year overlapping terms, with two of	26146
each of the initial citizen and developer members appointed to	26147
serve initial one-year terms. The organizational board of	26148
commissioners shall adopt, by further resolution adopted within	26149
one year of such resolution establishing such initial board of	26150
trustees, a method for selection of successor members thereof	26151
which determines the projected total population of the projected	26152
new community and meets the following criteria:	26153

(A) The appointed citizen members shall be replaced by	26154
elected citizen members according to a schedule established by the	26155
organizational board of commissioners calculated to achieve one	26156
such replacement each time the new community district gains a	26157
proportion, having a numerator of one and a denominator of twice	26158
the number of citizen members, of its projected total population	26159
until such time as all of the appointed citizen members are	26160
replaced.	26161

(B) Representatives of the developer shall be replaced by	26162
elected citizen members according to a schedule established by the	26163
organizational board of commissioners calculated to achieve one	26164
such replacement each time the new community district gains a	26165
proportion, having a numerator of one and a denominator equal to	26166
the number of developer members, of its projected total population	26167
until such time as all of the developer's representatives are	26168
replaced.	26169

(C) The representative of local government shall be replaced	26170
by an elected citizen member at the time the new community	26171
district gains three-quarters of its projected total population.	26172

Elected citizen members of the board of trustees shall be	26173
elected by a majority of the residents of the new community	26174
district voting at elections held at the times and in the manner	26175
provided in a resolution of the organizational board of	26176
commissioners. Each citizen member except an appointed citizen	26177
member shall be a qualified elector who resides within the new	26178
community district. ~~In the case of a new community authority for~~	26179
~~which a petition is filed within three years after March 22, 2012,~~	26180
~~the~~The organizational board of commissioners, by resolution, may	26181
adopt an alternative method of selecting or electing successor	26182
members of the board of trustees provided that if an alternative	26183
method of selection is adopted for a new community authority	26184
organized prior to March 22, 2012, the board of trustees of that	26185
authority shall be limited in the collection of a community	26186
development charge, collected pursuant to division (Q) of section	26187
349.06 of the Revised Code, and the issuance of bonds or notes,	26188
issued pursuant to section 349.08 of the Revised Code, to the	26189
amount or to the extent otherwise permitted for a board of	26190
trustees whose members are not elected by residents of the new	26191
community district. If the alternative method provides for the	26192
election of citizen members, the elections may be held at the	26193
times and in the manner provided in the petition or in a	26194
resolution of the organizational board of commissioners, and the	26195
elected citizen members shall be qualified electors who reside in	26196
the new community district.	26197

Citizen members shall not be employees of or have financial	26198
interest in the developer. If a vacancy occurs in the office of a	26199
member other than a member appointed by the developer, the	26200
organizational board of commissioners may appoint a successor	26201
member for the remainder of the unexpired term. Any appointed	26202
member of the board of trustees may at any time be removed by the	26203
organizational board of commissioners for misfeasance,	26204
nonfeasance, or malfeasance in office. Members appointed by the	26205
developer may also at any time be removed by the developer without	26206
a showing of cause.	26207

Each member of the board of trustees, before entering upon	26208
official duties, shall take and subscribe to an oath before an	26209
officer authorized to administer oaths in Ohio that the member	26210
will honestly and faithfully perform the duties of the member's	26211
office. Such oath shall be filed in the office of the clerk of the	26212
board of county commissioners in which the petition was filed.	26213
Upon taking the oath, the board of trustees shall elect one of its	26214
number as chairperson and another as vice-chairperson, and shall	26215
appoint suitable persons as secretary and treasurer who need not	26216
be members of the board. The treasurer shall be the fiscal officer	26217
of the authority. The board shall adopt by-laws governing the	26218
administration of the affairs of the new community authority. Each	26219
member of the board shall post a bond for the faithful performance	26220
of official duties and give surety therefor in such amount, but	26221
not less than ten thousand dollars, as the resolution creating	26222
such board shall prescribe.	26223

All of the powers of the new community authority shall be	26224
exercised by its board of trustees, but without relief of such	26225
responsibility, such powers may be delegated to committees of the	26226
board or its officers and employees in accordance with its	26227
by-laws. A majority of the board shall constitute a quorum, and a	26228
concurrence of a majority of a quorum in any matter within the	26229
board's duties is sufficient for its determination, provided a	26230
quorum is present when such concurrence is had and a majority of	26231
those members constituting such quorum are trustees not appointed	26232
by the developer. All trustees shall be empowered to vote on all	26233
matters within the authority of the board of trustees, and no vote	26234
by a member appointed by the developer shall be construed to give	26235
rise to civil or criminal liability for conflict of interest on	26236
the part of public officials.	26237

Sec. 351.021. (A) The resolution of the county commissioners	26238
creating a convention facilities authority, or any amendment or	26239
supplement to that resolution, may authorize the authority to levy	26240
one or both of the excise taxes authorized by division (B) of this	26241
section to pay the cost of one or more facilities; to pay	26242
principal, interest, and premium on convention facilities	26243
authority tax anticipation bonds issued to pay those costs; to pay	26244
the operating costs of the authority; to pay operating and	26245
maintenance costs of those facilities; and to pay the costs of	26246
administering the excise tax.	26247

(B) The board of directors of a convention facilities	26248
authority that has been authorized pursuant to resolution adopted,	26249
amended, or supplemented by the board of county commissioners	26250
pursuant to division (A) of this section may levy, by resolution	26251
adopted on or before December 31, 1988, either or both of the	26252
following:	26253

(1) Within the territory of the authority, an additional	26254
excise tax not to exceed four per cent on each transaction. The	26255
excise tax authorized by division (B)(1) of this section shall be	26256
in addition to any excise tax levied pursuant to section 5739.08	26257
or 5739.09 of the Revised Code, or division (B)(2) of this	26258
section.	26259

(2) Within that portion of any municipal corporation that is	26260
located within the territory of the authority or within the	26261
boundaries of any township that is located within the territory of	26262
the authority, which municipal corporation or township is levying	26263
any portion of the excise tax authorized by division (A) of	26264
section 5739.08 of the Revised Code, and with the approval, by	26265
ordinance or resolution, of the legislative authority of that	26266
municipal corporation or township, an additional excise tax not to	26267
exceed nine-tenths of one per cent on each transaction. The excise	26268
tax authorized by division (B)(2) of this section may be levied	26269
only if, on the effective date of the levy specified in the	26270
resolution making the levy, the amount being levied pursuant to	26271
division (A) of section 5739.08 of the Revised Code by each	26272
municipal corporation or township in which the tax authorized by	26273
division (B)(2) of this section will be levied, when added to the	26274
amount levied under division (B)(2) of this section, does not	26275
exceed three per cent on each transaction. The excise tax	26276
authorized by division (B)(2) of this section shall be in addition	26277
to any excise tax that is levied pursuant to section 5739.08 or	26278
5739.09 of the Revised Code, or division (B)(1) of this section.	26279

(C)(1) The board of directors of a convention facilities	26280
authority that is located in an eligible Appalachian county; that	26281
has been authorized pursuant to resolution adopted, amended, or	26282
supplemented by the board of county commissioners pursuant to	26283
division (A) of this section; and that is not levying a tax under	26284
division (B)(1) or (2) of this section may levy within the	26285
territory of the authority, by resolution adopted on or before	26286
December 31, 2005, an additional excise tax not to exceed three	26287
per cent on each transaction. The excise tax authorized under	26288
division (C)(1) of this section shall be in addition to any excise	26289
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	26290
Code.	26291

As used in division (C)(1) of this section, "eligible	26292
Appalachian county" means a county in this state designated as	26293
being in the "Appalachian region" under the "Appalachian Regional	26294
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	26295
having a population less than eighty thousand according to the	26296
most recent federal decennial census.	26297

(2) Division ~~(B)~~(C)(2) of this section applies only to a	26298
convention facilities authority located in a county with a	26299
population, according to the 2000 federal decennial census, of at	26300
least one hundred thirty-five thousand and not more than one	26301
hundred fifty thousand and containing entirely within its	26302
boundaries the territory of a municipal corporation with a	26303
population according to that census of more than fifty thousand.	26304
The board of directors of such a convention facilities authority,	26305
by resolution adopted on or before November 1, 2009, may levy	26306
within the territory of the authority an excise tax on	26307
transactions by which lodging by a hotel is or is to be furnished	26308
to transient guests at a rate not to exceed three per cent on such	26309
transactions for the same purposes for which a tax may be levied	26310
under division (B) of this section. The resolution may be adopted	26311
only if the board of county commissioners of the county, by	26312
resolution, authorizes the levy of the tax. The resolution of the	26313
board of county commissioners is subject to referendum as	26314
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	26315
pursuant to those procedures, a referendum is to be held, the	26316
board's resolution does not take effect until approved by a	26317
majority of electors voting on the question. The convention	26318
facilities authority may adopt the resolution authorized by	26319
division (C)(2) of this section before the election, but the	26320
authority's resolution shall not take effect if the board of	26321
commissioners' resolution is not approved at the election. A tax	26322
levied under division (C)(2) of this section is in addition to any	26323
tax levied under section 5739.09 of the Revised Code.	26324

(D) The authority shall provide for the administration and	26325
allocation of an excise tax levied pursuant to division (B) or (C)	26326
of this section. All receipts arising from those excise taxes	26327
shall be expended for the purposes provided in, and in accordance	26328
with this section and section 351.141 of the Revised Code. An	26329
excise tax levied under division (B) or (C) of this section shall	26330
remain in effect at the rate at which it is levied for at least	26331
the duration of the period for which the receipts from the tax	26332
have been anticipated and pledged pursuant to section 351.141 of	26333
the Revised Code.	26334

(E) Except as provided in division (B)(2) of this section,	26335
the levy of an excise tax on each transaction pursuant to sections	26336
5739.08 and 5739.09 of the Revised Code does not prevent a	26337
convention facilities authority from levying an excise tax	26338
pursuant to division (B) or (C) of this section.	26339

(F) A convention facilities authority located in a county	26340
with a population greater than eighty thousand but less than	26341
ninety thousand according to the 2010 federal decennial census	26342
that levies a tax under division (B) of this section may amend the	26343
resolution levying the tax to allocate a portion of the revenue	26344
from the tax for support of tourism-related sites or facilities	26345
and programs operated by the county or a municipal corporation	26346
within the county in which the authority is located or for the	26347
purpose of leasing lands for county fairs, erecting buildings for	26348
county fair purposes, making improvements on a county fairground,	26349
or for any purpose connected with the use of a county fairground	26350
or with the management thereof by the county in which the	26351
authority is located. The revenue allocated by the authority for	26352
such purposes in a calendar year shall not exceed fifteen per cent	26353
of the total revenue from the tax in the preceding calendar year.	26354

Sec. 353.01. For purposes of this chapter:

26355

(A) "Lake facilities authority" means a body corporate and	26356
politic created pursuant to section 353.02 of the Revised Code.	26357

(B) "Watershed" means a watershed as determined by the United	26358
States geological survey.	26359

(C) "Impacted watershed" means a watershed meeting both of	26360
the following conditions:	26361

(1) The watershed contains a natural or man-made lake of at	26362
least one-half square mile that has experienced levels of	26363
microcystin toxins in excess of eighty parts-per-billion, as	26364
measured by the Ohio environmental protection agency, during the	26365
twenty-four month period immediately preceding the date the last	26366
resolution necessary for the creation of a lake facilities	26367
authority under section 353.02 of the Revised Code was adopted.	26368

(2) The watershed is partially or completely located within a	26369
state park, as defined in section 154.01 of the Revised Code, that	26370
has averaged at least four hundred thousand visitors per year for	26371
the four calendar years preceding the calendar year in which the	26372
last resolution necessary for the creation of a lake facilities	26373
authority under section 353.02 of the Revised Code was adopted.	26374

(D) "Impacted lake district" means the territory of all	26375
townships and municipal corporations having territory in an	26376
impacted watershed.	26377

(E) "Cost" as applied to a lake facilities authority facility	26378
means the cost of acquisition or construction of the facility; the	26379
cost of acquisition of all land, rights-of-way, property rights,	26380
easements, franchise rights, and interests required for such	26381
acquisition; the cost of demolishing or removing any buildings or	26382
structures on land so acquired, including the cost of acquiring	26383
any lands to which such buildings or structures may be moved; the	26384
cost of acquiring or constructing and equipping a principal office	26385
of the lake facilities authority; the cost of diverting highways,	26386
interchange of highways, and access roads to private property,	26387
including the cost of land or easements for the access roads, the	26388
cost of public utility and common carrier relocation or	26389
duplication, the cost of all machinery, furnishings, and	26390
equipment, financing charges, interest prior to and during any	26391
construction and for no more than eighteen months after completion	26392
of any construction; engineering; expenses of research and	26393
development with respect to an impacted lake district; legal	26394
expenses; expenses of developing or obtaining plans,	26395
specifications, engineering surveys, studies, and estimates of	26396
cost and revenues; expenses necessary or incident to determining	26397
the feasibility or practicability of acquiring or constructing the	26398
facility or remediating the impacted lake district; administrative	26399
expense; and such other expenses as may be necessary or incident	26400
to the acquisition or construction of the facility, the	26401
remediation of the impacted lake district and other activities	26402
authorized by this chapter, the financing of such acquisition,	26403
construction or remediation, including the amount authorized in	26404
the resolution of the lake facilities authority providing for the	26405
issuance of lake facilities authority revenue bonds to be paid	26406
into any special funds from the proceeds of such bonds and the	26407
financing of the placing of the facility in operation, the cost of	26408
issuing the bonds, and the financing of remediation and other	26409
purposes authorized by this chapter.	26410

(F) "Revenues" means all rentals and other charges received	26411
by the lake facilities authority with respect to an impacted	26412
watershed; any gift or grant received with respect to any impacted	26413
watershed; money received in repayment of, and for interest on,	26414
any loans made by the authority to a person or governmental	26415
agency, whether from the United States or any department,	26416
administration, or agency thereof, or otherwise; proceeds of lake	26417
facilities authority revenue bonds to the extent the use thereof	26418
for payment of principal or of premium, if any, or interest on the	26419
bonds is authorized by the authority; proceeds from any insurance,	26420
appropriation, or guaranty pertaining to an impacted watershed or	26421
property mortgaged to secure bonds or pertaining to the financing	26422
of any activities authorized under this chapter; income and profit	26423
from the investment of the proceeds of lake facilities authority	26424
revenue bonds or of any revenues; and contributions of service	26425
payments in lieu of taxes generated pursuant to section 5709.40,	26426
5709.41, 5709.73, or 5709.78 of the Revised Code, and all other	26427
nontax revenues paid or payable to the lake facilities authority.	26428

(G) "Lake facilities revenue bonds," unless the context	26429
indicates a different meaning or intent, includes revenue notes,	26430
revenue renewal notes, and revenue refunding bonds.	26431

(H) "Authorized purpose" means activities that remediate,	26432
rehabilitate, enhance, foster, aid, improve, provide, or promote	26433
an impacted watershed within the jurisdiction of the lake	26434
facilities authority, including, without limitation, research and	26435
development efforts related thereto.	26436

(I) "Lake facilities authority facility" or "facility" means	26437
real or personal property, or any combination thereof owned,	26438
leased, or otherwise controlled or financed by a lake facilities	26439
authority and directly related to an authorized purpose.	26440

Sec. 353.02. A lake facilities authority may be created by	26441
the board of county commissioners of a county that contains all of	26442
the territory of an impacted watershed. If the territory of an	26443
impacted watershed is contained within more than one county, a	26444
joint facilities lake authority may be created by resolution of	26445
the board of commissioners of each county in which the impacted	26446
watershed is located. A resolution creating a lake facilities	26447
authority must include a finding that the watershed sought to be	26448
improved or remediated pursuant to this chapter is an impacted	26449
watershed.	26450

A lake facilities authority created pursuant to this section	26451
is a body corporate and politic which may sue and be sued, plead	26452
and be impleaded, and has the powers and jurisdiction enumerated	26453
in this chapter. The exercise by an authority of the powers	26454
conferred upon it shall be deemed to be essential governmental	26455
functions of this state.	26456

Within sixty days after the creation of a lake facilities	26457
authority, the county engineer of each county with territory in	26458
the impacted watershed shall prepare a survey denoting the	26459
boundaries of the impacted watershed in the county. The survey	26460
shall include references to the county auditor's permanent parcel	26461
number designations as those parcel number designations correspond	26462
to the boundaries of the impacted watershed. If requested by the	26463
county engineer of each county with territory in the impacted	26464
watershed, the cost of such surveys shall be paid from the funds	26465
of the lake facilities authority pursuant to an agreement between	26466
the lake facilities authority and the county engineer of each	26467
county. Such funds may be advanced by the board of county	26468
commissioners of any county with territory in the impacted	26469
watershed.	26470

The county auditor of the county with the greatest amount of	26471
territory in the impacted watershed shall be the fiscal officer	26472
for the lake facilities authority. The county prosecutor of the	26473
county with the greatest amount of territory in the impacted	26474
watershed shall be the legal advisor of the lake facilities	26475
authority and shall prosecute and defend all suits and actions	26476
that the lake facilities authority directs or to which it is a	26477
party.	26478

Upon the creation of a lake facilities authority, no	26479
authority that is granted by law any powers or duties that are	26480
substantially the same as the powers and duties of a lake	26481
facilities authority may be created if its territorial	26482
jurisdiction includes any territory within the impacted lake	26483
district.	26484

Sec. 353.03. A lake facilities authority may do all of the	26485
following:	26486

(A) Acquire by purchase, lease, gift, or otherwise, on such	26487
terms and in such manner as it considers proper, real and personal	26488
property necessary for an authorized purpose or any estate,	26489
interest, or right therein, within or without the impacted lake	26490
district;	26491

(B) Improve, remediate, maintain, sell, lease, or otherwise	26492
dispose of real and personal property on such terms and in such	26493
manner as it considers proper;	26494

(C) Request that the department of natural resources, the	26495
environmental protection agency, or the department of agriculture	26496
adopt, modify, and enforce reasonable rules and regulations	26497
governing impacted watersheds;	26498

(D) Employ such managers, administrative officers, agents,	26499
engineers, architects, attorneys, contractors, subcontractors, and	26500
employees as may be appropriate in the exercise of the rights,	26501
powers, and duties conferred on it, prescribe the duties and	26502
compensation for such persons, require bonds to be given by any	26503
such persons and by officers of the authority for the faithful	26504
performance of their duties, and fix the amount and surety	26505
therefor, and pay the surety;	26506

(E) Sue and be sued in its corporate name;

26507

(F)(1) Make and enter into all contracts and agreements and	26508
execute all instruments relating to the provisions of this	26509
chapter;	26510

(2) Except as provided otherwise under divisions (F)(2) and	26511
(3) of this section, when the cost of a contract for the	26512
construction of any building, structure, or other improvement	26513
undertaken by a lake facilities authority involves an expenditure	26514
exceeding twenty-five thousand dollars, and the lake facilities	26515
authority is the contracting authority, the lake facilities	26516
authority shall make a written contract after notice calling for	26517
bids for the award of the contract has been given by publication	26518
twice, with at least seven days between publications, in a	26519
newspaper of general circulation in the impacted lake district.	26520
Each such contract shall be awarded to the lowest responsive and	26521
responsible bidder in accordance with section 9.312 of the Revised	26522
Code. The board of directors by rule may provide criteria for the	26523
negotiation and award without competitive bidding of any contract	26524
as to which the lake facilities authority is the contracting	26525
authority for the construction of any building or structure or	26526
other improvement under any of the following circumstances:	26527

(a) There exists a real and present emergency that threatens	26528
damage to property or injury to persons of the lake facilities	26529
authority or other persons, provided that a statement specifying	26530
the nature of the emergency that is the basis for the negotiation	26531
and award of a contract without competitive bidding shall be	26532
signed at the time of the contract's execution by the officer of	26533
the lake facilities authority that executes the contract and shall	26534
be attached to the contract.	26535

(b) A commonly recognized industry or other standard or	26536
specification does not exist and cannot objectively be articulated	26537
for the improvement.	26538

(c) The contract is for any energy conservation measure as	26539
defined in section 307.041 of the Revised Code.	26540

(d) With respect to material to be incorporated into the	26541
improvement, only a single source or supplier exists for the	26542
material.	26543

(e) A single bid is received by the lake facilities authority	26544
after complying with the above provisions.	26545

(3) In addition to the exceptions to competitive bidding	26546
requirements under division (F)(2) of this section, a lake	26547
facilities authority may contract for the acquisition or	26548
construction of any property for an authorized purpose and for the	26549
leasing, subleasing, sale, or other disposition of the property in	26550
a manner determined by the lake facilities authority in its sole	26551
discretion, without necessity for competitive bidding or	26552
performance bonds.	26553

(4) With respect to any public improvement undertaken by, or	26554
under contract for, the lake facilities authority, the authority	26555
may elect to apply sections 4115.03 to 4115.21 of the Revised	26556
Code.	26557

(G) Accept aid or contributions from any source of money,	26558
property, labor, or other things of value, to be held, used, and	26559
applied only for the purposes for which the grants and	26560
contributions are made;	26561

(H) Apply for and accept grants, loans, or commitments of	26562
guarantee or insurance, including any guarantees of lake	26563
facilities authority bonds and notes, from the United States, the	26564
state, or other public body or other sources, and provide any	26565
consideration which may be required in order to obtain such	26566
grants, loans, or contracts of guarantee or insurance;	26567

(I) Procure insurance against loss to the lake facilities	26568
authority by reason of damage to its properties resulting from	26569
fire, theft, accident, or other casualties, or by reason of its	26570
liability for any damages to persons or property occurring in the	26571
construction or operation of facilities or areas under its	26572
jurisdiction or the conduct of its activities;	26573

(J) Maintain such funds or reserves as it considers necessary	26574
for the efficient performance of its duties;	26575

(K) Enforce any covenants, of which the lake facilities	26576
authority is the beneficiary, running with the land.	26577

(L) Issue securities for the remediation of an impacted	26578
watershed and directly related permanent improvements in	26579
compliance with Chapter 133. of the Revised Code, except that such	26580
bonds or notes may be issued only pursuant to a vote of the	26581
electors residing within the impacted lake district. The net	26582
indebtedness incurred by a lake facilities authority pursuant to	26583
this division may not exceed one-tenth of one per cent of the	26584
total value of all property within the territory comprising the	26585
impacted lake district as listed and assessed for taxation.	26586

(M) Issue lake facilities authority revenue bonds beyond the	26587
limit of bonded indebtedness provided by law, payable solely from	26588
revenues as provided in section 353.09 of the Revised Code for the	26589
purpose of providing funds to pay costs of any facility or	26590
facilities or parts thereof;	26591

(N) Advise and provide input to political subdivisions within	26592
the impacted lake district with respect to zoning and land use	26593
planning within the impacted lake district;	26594

(O) Enter into agreements for the management, ownership,	26595
possession, or control of lands or property to be used for wetland	26596
mitigation banking;	26597

(P) Adopt and modify rules and regulations to carry out the	26598
authority granted to the lake facilities authority under this	26599
section.	26600

Sec. 353.04. (A) Upon the creation of a lake facilities	26601
authority under section 353.02 of the Revised Code, a board of	26602
directors consisting of the county commissioners of each county	26603
with territory in the impacted lake district shall be created.	26604
Membership on the board is not a direct or indirect interest in a	26605
contract or expenditure of money by the county. Notwithstanding	26606
any provision of law to the contrary, no member of the board shall	26607
be disqualified from holding any public office or employment by	26608
reason of membership on the board. The board is a public body for	26609
the purposes of section 121.22 of the Revised Code and a public	26610
office for the purposes of section 149.43 of the Revised Code.	26611
Notwithstanding those sections, the board may hold closed meetings	26612
and protect the confidentiality of information under the same	26613
circumstances as authorized for a community improvement	26614
corporation under section 1724.11 of the Revised Code. Chapter	26615
2744. of the Revised Code applies to the board. Each year, the	26616
board shall prepare an annual report of its activities and make it	26617
available to the public.	26618

(B) A board of directors shall consult with the advisory	26619
council created under this division in performing the remediation	26620
and other activities authorized by this chapter.	26621

Not later than sixty days after the creation of the board of	26622
directors, the board shall provide written notice of its creation	26623
to the legislative authority of each political subdivision with	26624
territory in the impacted lake district. The notice shall describe	26625
the process for the appointment of an advisory council. Upon	26626
receipt of such notice, the legislative authority of each	26627
political subdivision with territory in the impacted lake district	26628
shall appoint one representative each to serve on the advisory	26629
council. The representative need not be an elected or appointed	26630
official of the political subdivision.	26631

Sec. 353.05. The board of directors of a lake facilities	26632
authority, by resolution, may propose the levy of a tax upon the	26633
taxable property in the impacted lake district pursuant to section	26634
5705.55 of the Revised Code.	26635

Sec. 353.06. As used in this section, "hotel" and "transient	26636
guests" have the same meanings as in section 5739.01 of the	26637
Revised Code.	26638

A resolution creating a lake facilities authority under	26639
section 353.02 of the Revised Code, or any amendments or	26640
supplements thereto, may authorize the authority to levy an excise	26641
tax on transactions by which lodging in a hotel is or is to be	26642
furnished to transient guests to pay any costs authorized under	26643
this chapter; to pay principal, interest, and premium on lake	26644
facilities authority tax anticipation bonds issued to pay those	26645
costs; to pay the operating costs of the authority; and to pay the	26646
costs of administering the tax.	26647

Upon the affirmative vote of at least a majority of the	26648
qualified electors in a primary or general election within the	26649
impacted lake district voting at an election held for the purpose	26650
of authorizing the tax, the board of directors of a lake	26651
facilities authority authorized to levy a tax under this section	26652
may, by resolution, levy an additional excise tax within the	26653
territory of the impacted lake district on all transactions by	26654
which lodging in a hotel is or is to be furnished to transient	26655
guests. The rate of the tax, when added to the aggregate rate of	26656
excise taxes levied in the impacted lake district pursuant to	26657
section 351.021, 5739.08, or 5739.09 of the Revised Code, shall	26658
not cause the total aggregate rate to exceed five per cent on any	26659
such transaction.	26660

The lake facilities authority shall provide for the	26661
administration and allocation of a tax levied pursuant to this	26662
section. All receipts arising from the tax shall be expended for	26663
the purposes provided in, and in accordance with, this section. An	26664
excise tax levied under this section shall remain in effect at the	26665
rate at which it is levied for at least the duration of the period	26666
for which the receipts from the tax have been anticipated and	26667
pledged pursuant to section 353.08 of the Revised Code.	26668

The form of the ballot in an election held on the question of	26669
levying a tax proposed pursuant to this section shall be as	26670
follows or in any other form acceptable to the secretary of state:	26671

"An excise tax on all transactions by which lodging in a	26672
hotel is or is to be furnished to transient guests within the	26673
territory of the (name of impacted lake district) ........... for	26674
the purpose of .......... at a rate of ......... for ............	26675
(number of years the tax is to be levied).	26676

26677

		For the Excise Tax			26678
		Against the Excise Tax	"		26679

Sec. 353.07. The director of natural resources may transfer	26680
real property owned by the state to a lake facilities authority	26681
for the purpose of promoting wetland banking, wildlife, or	26682
sporting activities. The division of wildlife within the	26683
department of natural resources may enter into an agreement with a	26684
lake facilities authority to establish wetland or natural areas to	26685
benefit wildlife or sporting activities. The agreement may be	26686
entered as part of, or in conjunction with, a mitigation banking	26687
program.	26688

Sec. 353.08. A lake facilities authority that levies a tax	26689
authorized by sections 353.05 and 5705.55 or section 353.06 of the	26690
Revised Code may, by resolution, anticipate the proceeds of the	26691
tax and issue lake facilities authority anticipation bonds, and	26692
notes anticipating the proceeds or the bonds, in the principal	26693
amount that, in the opinion of the authority, are necessary for	26694
the purpose of paying the cost of an authorized purpose, and that	26695
the authority is able to pay over the term of the issue with the	26696
interest on the bonds or notes, or in the case of notes	26697
anticipating bonds over the term of the bonds, by the estimated	26698
amount of the taxes anticipated. The taxes are determined by the	26699
general assembly to satisfy any applicable requirement of Section	26700
11 of Article XII, Ohio Constitution.	26701

Every issue of outstanding anticipation bonds shall be	26702
payable out of the proceeds of the taxes anticipated and other	26703
revenues of the authority that are pledged for such payment. The	26704
pledge shall be valid and binding from the time the pledge is	26705
made, and the anticipated excise taxes and revenues so pledged and	26706
thereafter received by the authority immediately shall be subject	26707
to the lien of that pledge without any physical delivery of those	26708
taxes and revenues or further act. The lien of any pledge is valid	26709
and binding as against all parties having claims of any kind in	26710
tort, contract, or otherwise against the authority, whether or not	26711
such parties have notice of the lien. Neither the resolution nor	26712
any trust agreement by which a pledge is created need be filed or	26713
recorded except in the authority's records.	26714

The anticipation bonds shall bear such date or dates, and	26715
shall mature at such time or times, in the case of any such notes	26716
or any renewals of such notes not exceeding twenty years from the	26717
date of issue of such original notes and in the case of any such	26718
bonds or any refunding bonds not exceeding forty years from the	26719
date of the original issue of notes or bonds for the purpose, and	26720
shall be executed in the manner that the resolution authorizing	26721
the bonds may provide. The anticipation bonds shall bear interest	26722
at such rates, or at a variable rate or rates changing from time	26723
to time, in accordance with provisions provided in the authorizing	26724
resolution, be in such denominations and form, either coupon or	26725
registered, carry such registration privileges, be payable in such	26726
medium of payment and at such place or places, and be subject to	26727
such terms of redemption, as the authority may authorize or	26728
provide.	26729

Sec. 353.09. A lake facilities authority at any time may	26730
issue lake facilities authority revenue bonds in such principal	26731
amounts as, in the opinion of the lake facilities authority, are	26732
necessary for the purpose of paying the cost of one or more lake	26733
facilities authority facilities or parts thereof. A lake	26734
facilities authority at any time may issue renewal notes, issue	26735
bonds to retire its notes and, whenever it considers refunding	26736
expedient, refund any bonds by the issuance of lake facilities	26737
authority revenue refunding bonds, whether the bonds to be	26738
refunded have or have not matured, and issue lake facilities	26739
authority revenue bonds partly to refund outstanding bonds and	26740
partly for any other authorized purpose. The lake facilities	26741
authority revenue refunding bonds shall be sold and the proceeds	26742
applied to the purchase, redemption, or payment of the bonds to be	26743
refunded. Lake facilities authority revenue bonds shall be special	26744
obligations of the lake facilities authority payable out of the	26745
revenues of the lake facilities authority that are pledged for	26746
such payment. The pledge shall be valid and binding from the time	26747
the pledge is made and the revenues so pledged and thereafter	26748
received by the lake facilities authority immediately shall be	26749
subject to the lien of the pledge without any physical delivery	26750
thereof or further act, and the lien of the pledge is valid and	26751
binding as against all parties having claims of any kind in tort,	26752
contract, or otherwise against the lake facilities authority,	26753
irrespective of whether those parties have notice thereof. Neither	26754
the resolution nor any trust agreement by which a pledge is	26755
created need be filed or recorded except in the records of the	26756
lake facilities authority.	26757

Whether or not the lake facilities authority revenue bonds	26758
are of such form and character as to be negotiable instruments,	26759
the lake facilities authority revenue bonds shall have all the	26760
qualities and incidents of negotiable instruments, subject only to	26761
the provisions of the bonds for registration.	26762

The lake facilities authority revenue bonds shall be	26763
authorized by resolution of the lake facilities authority, and	26764
shall bear interest at such rate or rates, shall bear such date or	26765
dates, and shall mature at such time or times, and in such number	26766
of installments as may be provided in or pursuant to that	26767
resolution. The final maturity of any lake facilities authority	26768
revenue bond in the form of a note and any renewals thereof shall	26769
not exceed five years from the date of issue of the original note.	26770
The final maturity of any issue of lake facilities authority	26771
revenue bonds shall not be later than forty-five years from the	26772
date of issue of the original issue of bonds. Any such bonds or	26773
notes shall be executed in a manner as the resolution or	26774
resolutions may provide. The lake facilities authority revenue	26775
bonds shall be in such denominations, be in such form, either	26776
coupon or registered, carry such registration privileges, be	26777
payable in such medium of payment, at such place or places, and be	26778
subject to such terms of redemption as may be provided in or	26779
pursuant to the resolution authorizing their issuance. Lake	26780
facilities authority revenue bonds of the lake facilities	26781
authority may be sold by the lake facilities authority, at public	26782
or private sale, at or at not less than a price or prices as the	26783
lake facilities authority determines. In case any officer whose	26784
signature or a facsimile of whose signature appears on any bonds,	26785
notes, or coupons, ceases to be such officer before delivery of	26786
bonds or notes, the signature or facsimile shall nevertheless be	26787
sufficient for all purposes the same as if the officer had	26788
remained in office until such delivery, and in case the seal of	26789
the lake facilities authority has been changed after a facsimile	26790
has been imprinted on such bonds or notes, the facsimile seal will	26791
continue to be sufficient for all purposes.	26792

Any resolution or resolutions authorizing any lake facilities	26793
authority revenue bonds or any issue of bonds may contain	26794
provisions, subject to any agreements with bondholders as may then	26795
exist, which provisions shall be a part of the contract with the	26796
holders of bonds, as to the pledging of all or any part of the	26797
revenues of the lake facilities authority to secure the payment of	26798
the lake facilities authority bonds or of any issue of the bonds;	26799
the use and disposition of revenues of the lake facilities	26800
authority; a covenant to fix, alter, and collect rentals and other	26801
charges so that pledged revenues will be sufficient to pay costs	26802
of operation, maintenance, and repairs, pay principal of and	26803
interest on bonds secured by the pledge of such revenues, and	26804
provide any reserves that may be required by the applicable	26805
resolution or trust agreement; the setting aside of reserve funds,	26806
sinking funds, or replacement and improvement funds and the	26807
regulation and disposition thereof; the crediting of the proceeds	26808
of the sale of bonds to and among the funds referred to or	26809
provided for in or pursuant to the resolution authorizing the	26810
issuance of the bonds or notes; the use, lease, sale, or other	26811
disposition of any lake facilities authority facility or any other	26812
assets of the lake facilities authority; limitations on the	26813
purpose to which the proceeds of sale of bonds may be applied and	26814
the pledging of those proceeds to secure the payment of the bonds	26815
or of any issue of the bonds; as to notes issued in anticipation	26816
of the issuance of bonds, the agreement of the lake facilities	26817
authority to do all things necessary for the authorization,	26818
issuance, and sale of the bonds in amounts that may be necessary	26819
for the timely retirement of the notes; limitations on the	26820
issuance of additional bonds; the terms upon which additional	26821
bonds may be issued and secured; the refunding of outstanding	26822
bonds; the procedure, if any, by which the terms of any contract	26823
with bondholders may be amended or abrogated, the amount of bonds	26824
the holders of which must consent thereto, and the manner in which	26825
such consent may be given; limitations on the amount of moneys to	26826
be expended by the lake facilities authority for operating,	26827
administrative, or other expenses of the lake facilities	26828
authority; securing any bonds or notes by a trust agreement; and	26829
any other matters, of like or different character, that in any way	26830
affect the security or protection of the bonds or notes.	26831

Neither the board of directors of the lake facilities	26832
authority nor any person executing the bonds shall be liable	26833
personally on the bonds or be subject to any personal liability or	26834
accountability by reason of the issuance thereof.	26835

The issuance of lake facilities authority revenue bonds under	26836
this section need not comply with any other law applicable to the	26837
issuance of bonds or notes.	26838

Sec. 353.10. (A) With respect to facilities, and their	26839
financing, for an authorized purpose, under agreements whereby the	26840
person to whom the facility is to be leased, subleased, or sold,	26841
or to whom a loan is to be made for the facility, is to make	26842
payments sufficient to pay all of the principal of, premium, if	26843
any, and interest on the lake facilities authority revenue bonds	26844
issued for the facility, the lake facilities authority, in	26845
addition to other powers under this chapter, may do any of the	26846
following:	26847

(1) Make loans for the acquisition or construction of the	26848
facility to such person upon such terms as the lake facilities	26849
authority may determine or authorize including secured or	26850
unsecured loans, and, in connection therewith, enter into loan	26851
agreements and other agreements, accept notes and other forms of	26852
obligation to evidence such indebtedness and mortgages, liens,	26853
pledges, assignments, or other security interests to secure such	26854
indebtedness, which may be prior or subordinate to or on a parity	26855
with other indebtedness, obligations, mortgages, pledges,	26856
assignments, other security interests, or liens or encumbrances,	26857
and take actions it considers appropriate to protect such security	26858
and safeguard against losses, including, without limitation,	26859
foreclosure and the bidding upon and purchase of property upon	26860
foreclosure or other sale;	26861

(2) Sell the facility under such terms as it may determine,	26862
including, without limitation, sale by conditional sale or	26863
installment sale, under which title may pass prior to or after	26864
completion of the facility or payment or provisions for payment of	26865
all principal of, premium, if any, and interest on the bonds, or	26866
at any other time provided in the agreement pertaining to the	26867
sale, and including sale under an option to purchase at a price	26868
which may be a nominal amount or less than true value at the time	26869
of purchase;	26870

(3) Grant a mortgage, lien, or other encumbrance on, or	26871
pledge or assignment of, or other security interest with respect	26872
to, all or any part of the facility, revenues, reserve funds, or	26873
other funds established in connection with the bonds, or on, of,	26874
or with respect to any lease, sublease, sale, conditional sale or	26875
installment sale agreement, loan agreement, or other agreement	26876
pertaining to the lease, sublease, sale, or other disposition of a	26877
facility or pertaining to a loan made for a facility, or any	26878
guaranty or insurance agreement made with respect thereto, or any	26879
interest of the lake facilities authority therein, or any other	26880
interest granted, assigned, or released to secure payments of the	26881
principal of, premium, if any, or interest on the bonds or to	26882
secure any other payments to be made by the lake facilities	26883
authority, which mortgage, lien, encumbrance, pledge, assignment,	26884
or other security interest may be prior or subordinate to or on a	26885
parity with any other mortgage, assignment, or other security	26886
interest, or lien or encumbrance;	26887

(4) Provide that the interest on the bonds may be at a	26888
variable rate or rates changing from time to time in accordance	26889
with a base or formula as authorized by the lake facilities	26890
authority;	26891

(5) Contract for the acquisition or construction of the	26892
facility or any part thereof and for the leasing, subleasing,	26893
sale, or other disposition of the facility in a manner determined	26894
by the lake facilities authority in its sole discretion, without	26895
necessity for competitive bidding or performance bonds;	26896

(6) Make appropriate provision for adequate maintenance of	26897
the facility.	26898

(B) With respect to the facilities referred to in this	26899
section, the authority granted by this section is cumulative and	26900
supplementary to all other authority granted in this chapter. The	26901
authority granted by this section does not alter or impair any	26902
similar authority granted elsewhere in this chapter for or with	26903
respect to other facilities.	26904

Sec. 353.11. In the discretion of the lake facilities	26905
authority, any lake facilities authority revenue bonds issued	26906
under this chapter may be secured by a trust agreement between the	26907
lake facilities authority and a corporate trustee that may be any	26908
trust company or bank having the powers of a trust company within	26909
or without the state.	26910

The trust agreement may pledge or assign revenues of the lake	26911
facilities authority to be received and may convey or mortgage any	26912
facility or any part thereof. The trust agreement or any	26913
resolution providing for the issuance of such bonds may contain	26914
any provisions for protecting and enforcing the rights and	26915
remedies of the bondholders as are reasonable and proper and not	26916
in violation of law, including covenants setting forth the duties	26917
of the lake facilities authority in relation to the acquisition of	26918
property, the construction, improvement, maintenance, repair,	26919
operation, and insurance of the facility in connection with which	26920
the bonds are authorized, the rentals or other charges to be	26921
imposed for the use or services of any facility, the custody,	26922
safeguarding, and application of all moneys, and provisions for	26923
the employment of consulting engineers in connection with the	26924
construction or operation of the facility.	26925

Any bank or trust company incorporated under the laws of this	26926
state that may act as depository of the proceeds of bonds or of	26927
revenues may furnish any indemnifying bonds or may pledge any	26928
securities that are required by the lake facilities authority. The	26929
trust agreement may set forth the rights and remedies of the	26930
bondholders and of the trustee, and may restrict the individual	26931
right of action by bondholders as is customary in trust agreements	26932
or trust indentures securing similar bonds. The trust agreement	26933
may contain any other provisions that the lake facilities	26934
authority determines reasonable and proper for the security of the	26935
bondholders. All expenses incurred in carrying out the provisions	26936
of the trust agreement may be treated as a part of the cost of the	26937
operation of the facility.	26938

Sec. 353.12. Any holder of lake facilities authority revenue	26939
bonds issued under sections 353.09 to 353.15 of the Revised Code,	26940
or any of the coupons pertaining to those bonds, and the trustee	26941
under any trust agreement, except to the extent the rights given	26942
by those sections may be restricted by the applicable resolution	26943
or that trust agreement, may by suit, action, mandamus, or other	26944
proceedings, protect and enforce any rights under the laws of the	26945
state or granted under those sections, the trust agreement, or the	26946
resolution authorizing the issuance of the bonds, and may enforce	26947
and compel the performance of all duties required by those	26948
sections, or by the trust agreement or resolution, to be performed	26949
by the lake facilities authority or any officer of the lake	26950
facilities authority, including the fixing, charging, and	26951
collecting of rentals or other charges.	26952

Sec. 353.13. Lake facilities authority revenue bonds issued	26953
under sections 353.09 to 353.15 of the Revised Code do not	26954
constitute a debt, or a pledge of the faith and credit, of the	26955
state or any political subdivision of the state. The holders or	26956
owners of the bonds have no right to have taxes levied by the	26957
general assembly or taxing authority of any political subdivision	26958
of the state for the payment of the principal of or interest on	26959
the bonds. The bonds are payable solely from the revenues and	26960
funds pledged for their payment as authorized by this chapter,	26961
unless the revenue bonds are notes issued in anticipation of the	26962
issuance of the bonds, or the revenue bonds are refunded by	26963
refunding bonds issued under section 353.09 of the Revised Code,	26964
provided that the refunding bonds shall be payable solely from	26965
revenues and funds pledged for their payment as authorized by that	26966
section. All bonds shall contain on the face thereof a statement	26967
to the effect that the bonds, as to both principal and interest,	26968
are not debts of the state or any political subdivision of the	26969
state, but are payable solely from revenues and funds pledged for	26970
their payment.	26971

Sec. 353.14. All moneys, funds, properties, and assets	26972
acquired by the lake facilities authority under this chapter,	26973
whether as proceeds from the sale of lake facilities authority	26974
revenue bonds or as revenues, or otherwise, shall be held by it in	26975
trust for the purposes of carrying out its powers and duties,	26976
shall be used and reused as provided in this chapter, and shall at	26977
no time be part of other public funds. Such funds, except as	26978
otherwise provided in any resolution authorizing its lake	26979
facilities authority revenue bonds or in any trust agreement	26980
securing those bonds, or except when invested pursuant to section	26981
353.15 of the Revised Code, shall be kept in depositories selected	26982
by the lake facilities authority in the manner provided in Chapter	26983
135. of the Revised Code for the selection of eligible public	26984
depositories, and the deposits shall be secured as provided in	26985
that chapter. The resolution authorizing the issuance of such	26986
bonds or the trust agreement securing the bonds shall provide that	26987
any officer to whom, or any bank or trust company to which, such	26988
money is paid shall act as trustee of the money and hold and apply	26989
the money for the purposes for which the bonds are issued, subject	26990
to such conditions as Chapter 135. of the Revised Code and such	26991
resolutions or trust agreement provide.	26992

Sec. 353.15. Except as otherwise provided in any resolution	26993
authorizing the issuance of its lake facilities authority revenue	26994
bonds or in any trust agreement securing the bonds, moneys in the	26995
funds of the lake facilities authority in excess of current needs	26996
may be invested as permitted by sections 135.01 to 135.21 of the	26997
Revised Code or invested in linked deposit programs established by	26998
resolution of the board of directors in accordance with section	26999
135.80 of the Revised Code. Income from all investments of moneys	27000
in any fund shall be credited to funds as the lake facilities	27001
authority determines, subject to the provisions of any such	27002
resolution or trust agreement, and the investments may be sold at	27003
any time the lake facilities authority determines.	27004

Sec. 353.16. Bonds of a lake facilities authority and lake	27005
facilities authority revenue bonds are lawful investments of	27006
banks, societies for savings, trust companies, savings and loan	27007
associations, deposit guaranty associations, trustees,	27008
fiduciaries, trustees or other officers having charge of the bond	27009
retirement funds or sinking funds of port authorities and	27010
political subdivisions, and taxing districts of this state, the	27011
commissioners of the sinking fund of this state, the administrator	27012
of workers' compensation, the state teachers retirement system,	27013
the school employees retirement system, the public employees	27014
retirement system, the Ohio police and fire pension fund, and	27015
insurance companies, including domestic life insurance companies	27016
and domestic insurance companies other than life, and are	27017
acceptable as security for the deposit of public moneys.	27018

Sec. 511.261. If a township park district enters into an	27019
agreement for the sale or lease of mineral rights regarding a park	27020
within the district, any royalties or other moneys resulting from	27021
the sale or lease shall be deposited into a special fund that the	27022
board of park commissioners shall establish under division (F) of	27023
section 5705.09 of the Revised Code. The fund shall be used	27024
exclusively for maintenance of parks within the district and for	27025
the acquisition of new park lands.	27026

Sec. 517.271. Notwithstanding section 517.22 of the Revised	27027
Code, the company, association, or religious society that most	27028
recently owned and operated a cemetery currently owned by a board	27029
of township trustees may petition the probate court of the county	27030
in which the cemetery is located to transfer the ownership of the	27031
cemetery to the petitioner.	27032

If the court determines that the petitioner has met all of	27033
the following conditions, the court shall transfer the ownership	27034
of the cemetery to the petitioner and shall order the board to	27035
give the petitioner all necessary records and documents concerning	27036
the cemetery, including records of the board's sale of any lots	27037
pursuant to section 517.07 of the Revised Code:	27038

(A) The petitioner has the financial resources necessary to	27039
operate and maintain the cemetery;	27040

(B) The petitioner is in compliance with all applicable laws	27041
and administrative rules concerning the owners and operators of	27042
cemeteries, including registration under section 4767.02 of the	27043
Revised Code; and	27044

27045

Sec. 715.691. (A) As used in this section:

27046

(1) "Contracting party" means a municipal corporation that	27047
has entered into a joint economic development zone contract or any	27048
party succeeding to the municipal corporation, or a township that	27049
entered into a joint economic development zone contract with a	27050
municipal corporation.	27051

(2) "Zone" means a joint economic development zone designated	27052
under this section.	27053

(B) This section provides alternative procedures and	27054
requirements for creating and operating a joint economic	27055
development zone to those set forth in section 715.69 of the	27056
Revised Code. This section applies only if one of the contracting	27057
parties to the zone does not levy a municipal income tax under	27058
Chapter 718. of the Revised Code. A municipal corporation that	27059
does not levy a municipal income tax may enter into an agreement	27060
to create and operate a joint economic development zone under this	27061
section or under section 715.69 of the Revised Code.	27062

Two or more municipal corporations or one or more townships	27063
and one or more municipal corporations may enter into a contract	27064
whereby they agree to share in the costs of improvements for an	27065
area or areas located in one or more of the contracting parties	27066
that they designate as a joint economic development zone for the	27067
purpose of facilitating new or expanded growth for commercial or	27068
economic development in the state. The contract and zone shall	27069
meet the requirements of divisions (B) to (J) of this section.	27070

(C) The contract shall set forth each contracting party's	27071
contribution to the joint economic development zone. The	27072
contributions may be in any form that the contracting parties	27073
agree to, and may include, but are not limited to, the provision	27074
of services, money, or equipment. The contract may be amended,	27075
renewed, or terminated with the consent of the contracting	27076
parties. The contract shall continue in existence throughout the	27077
term it specifies and shall be binding on the contracting parties	27078
and on any entities succeeding to the contracting parties.	27079

(D) Before the legislative authority of any of the	27080
contracting parties enacts an ordinance or resolution approving a	27081
contract to designate a joint economic development zone, the	27082
legislative authority of each of the contracting parties shall	27083
hold a public hearing concerning the contract and zone. Each	27084
legislative authority shall provide at least thirty days' public	27085
notice of the time and place of the public hearing in a newspaper	27086
of general circulation in the municipal corporation or township.	27087
During the thirty-day period prior to the public hearing, all of	27088
the following documents shall be available for public inspection	27089
in the office of the clerk of the legislative authority of a	27090
municipal corporation that is a contracting party and in the	27091
office of the fiscal officer of a township that is a contracting	27092
party:	27093

(1) A copy of the contract designating the zone;

27094

(2) A description of the area or areas to be included in the	27095
zone, including a map in sufficient detail to denote the specific	27096
boundaries of the area or areas;	27097

(3) An economic development plan for the zone that includes a	27098
schedule for the provision of any new, expanded, or additional	27099
services, facilities, or improvements.	27100

A public hearing held under division (D) of this section	27101
shall allow for public comment and recommendations on the contract	27102
and zone. The contracting parties may include in the contract any	27103
of those recommendations prior to approval of the contract.	27104

(E) After the public hearings required under division (D) of	27105
this section have been held, each contracting party may enact an	27106
ordinance or resolution approving the contract to designate a	27107
joint economic development zone. After each contracting party has	27108
enacted an ordinance or resolution, the clerk of the legislative	27109
authority of a municipal corporation that is a contracting party	27110
and the fiscal officer of a township that is a contracting party	27111
shall file with the board of elections of each county within which	27112
a contracting party is located a copy of the ordinance or	27113
resolution approving the contract and shall direct the board of	27114
elections to submit the ordinance or resolution to the electors of	27115
the contracting party on the day of the next general, primary, or	27116
special election occurring at least ninety days after the	27117
ordinance or resolution is filed with the board of elections. If	27118
any of the contracting parties is a township, however, then only	27119
the township or townships shall submit the resolution to the	27120
electors.	27121

(F)(1) If a vote is required to approve a municipal	27122
corporation as a contracting party to a joint economic development	27123
zone under this section, the ballot shall be in the following	27124
form:	27125

"Shall the ordinance of the legislative authority of the	27126
(city or village) of (name of contracting party) approving the	27127
contract with (name of each other contracting party) for the	27128
designation of a joint economic development zone be approved?	27129

27130

		FOR THE ORDINANCE AND CONTRACT			27131
		AGAINST THE ORDINANCE AND CONTRACT	"		27132

27133

(2) If a vote is required to approve a township as a	27134
contracting party to a joint economic development zone under this	27135
section, the ballot shall be in the following form:	27136

"Shall the resolution of the board of township trustees of	27137
the township of (name of contracting party) approving the contract	27138
with (name of each other contracting party) for the designation of	27139
a joint economic development zone be approved?	27140

27141

		FOR THE RESOLUTION AND CONTRACT			27142
		AGAINST THE RESOLUTION AND CONTRACT	"		27143

27144

If a majority of the electors of each contracting party	27145
voting on the issue vote for the ordinance or resolution and	27146
contract, the ordinance or resolution shall become effective	27147
immediately and the contract shall go into effect immediately or	27148
in accordance with its terms.	27149

(G)(1) A board of directors shall govern each joint economic	27150
development zone created under section 715.691 of the Revised	27151
Code. The members of the board shall be appointed as provided in	27152
the contract. Each of the contracting parties shall appoint three	27153
members to the board. Terms for each member shall be for two	27154
years, each term ending on the same day of the month of the year	27155
as did the term that it succeeds. A member may be reappointed to	27156
the board.	27157

(2) Membership on the board is not the holding of a public	27158
office or employment within the meaning of any section of the	27159
Revised Code or any charter provision prohibiting the holding of	27160
other public office or employment. Membership on the board is not	27161
a direct or indirect interest in a contract or expenditure of	27162
money by a municipal corporation, township, county, or other	27163
political subdivision with which a member may be affiliated.	27164
Notwithstanding any provision of law or a charter to the contrary,	27165
no member of the board shall forfeit or be disqualified from	27166
holding any public office or employment by reason of membership on	27167
the board.	27168

(3) The board is a public body for the purposes of section	27169
121.22 of the Revised Code. Chapter 2744. of the Revised Code	27170
applies to the board and the zone.	27171

(H) The contract may grant to the board of directors	27172
appointed under division (G) of this section the power to adopt a	27173
resolution to levy an income tax within the zone. The income tax	27174
shall be used for the purposes of the zone and for the purposes of	27175
the contracting ~~municipal corporations~~parties pursuant to the	27176
contract. The income tax may be levied in the zone based on income	27177
earned by persons working within the zone and on the net profits	27178
of businesses located in the zone. The income tax is subject to	27179
Chapter 718. of the Revised Code, except that a vote shall be	27180
required by the electors residing in the zone to approve the rate	27181
of income tax unless a majority of the electors residing within	27182
the zone, as determined by the total number of votes cast in the	27183
zone for the office of governor at the most recent general	27184
election for that office, submit a petition to the board	27185
requesting that the election provided for in division (H)(1) of	27186
this section not be held. If no electors reside within the zone,	27187
then division (H)(3) of this section applies. The rate of the	27188
income tax shall be no higher than the highest rate being levied	27189
by a municipal corporation that is a party to the contract.	27190

(1) The board of directors may levy an income tax at a rate	27191
that is not higher than the highest rate being levied by a	27192
municipal corporation that is a party to the contract, provided	27193
that the rate of the income tax is first submitted to and approved	27194
by the electors of the zone at the succeeding regular or primary	27195
election, or a special election called by the board, occurring	27196
subsequent to ninety days after a certified copy of the resolution	27197
levying the income tax and calling for the election is filed with	27198
the board of elections. If the voters approve the levy of the	27199
income tax, the income tax shall be in force for the full period	27200
of the contract establishing the zone. No election shall be held	27201
under this section if a majority of the electors residing within	27202
the zone, determined as specified in division (H) of this section,	27203
submit a petition to that effect to the board of directors. Any	27204
increase in the rate of an income tax by the board of directors	27205
shall be approved by a vote of the electors of the zone and shall	27206
be in force for the remaining period of the contract establishing	27207
the zone.	27208

(2) Whenever a zone is located in the territory of more than	27209
one contracting party, a majority vote of the electors in each of	27210
the several portions of the territory of the contracting parties	27211
constituting the zone approving the levy of the tax is required	27212
before it may be imposed under division (H) of this section.	27213

(3) If no electors reside in the zone, no election for the	27214
approval or rejection of an income tax shall be held under this	27215
section, provided that where no electors reside in the zone, the	27216
rate of the income tax shall be no higher than the highest rate	27217
being levied by a municipal corporation that is a party to the	27218
contract.	27219

(4) The board of directors of a zone levying an income tax	27220
shall enter into an agreement with one of the municipal	27221
corporations that is a party to the contract to administer,	27222
collect, and enforce the income tax on behalf of the zone.	27223

(5) The board of directors of a zone shall publish or post	27224
public notice within the zone of any resolution adopted levying an	27225
income tax in the same manner required of municipal corporations	27226
under sections 731.21 and 731.25 of the Revised Code.	27227

(I)(1) If for any reason a contracting party reverts to or	27228
has its boundaries changed so that it is classified as a township	27229
that is the entity succeeding to that contracting party, the	27230
township is considered to be a municipal corporation for the	27231
purposes of the contract for the full period of the contract	27232
establishing the joint economic development zone, except that if	27233
that contracting party is administering, collecting, and enforcing	27234
the income tax on behalf of the district as provided in division	27235
(H)(4) of this section, the contract shall be amended to allow one	27236
of the other contracting parties to administer, collect, and	27237
enforce that tax.	27238

(2) Notwithstanding any other section of the Revised Code, if	27239
there is any change in the boundaries of a township so that a	27240
municipal corporation once located within the township is no	27241
longer so located, the township shall remain in existence even	27242
though its remaining unincorporated area contains less than	27243
twenty-two square miles, if the township has been or becomes a	27244
party to a contract creating a joint economic development zone	27245
under this section or the contract creating that joint economic	27246
development zone under this section is terminated or repudiated	27247
for any reason by any party or person. The township shall continue	27248
its existing status in all respects, including having the same	27249
form of government and the same elected board of trustees as its	27250
governing body. The township shall continue to receive all of its	27251
tax levies and sources of income as a township in accordance with	27252
any section of the Revised Code, whether the levies and sources of	27253
income generate millage within the ten-mill limitation or in	27254
excess of the ten-mill limitation. The name of the township may be	27255
changed to the name of the contracting party appearing in the	27256
contract creating a joint economic development zone under this	27257
section, so long as the name does not conflict with any other name	27258
in the state that has been certified by the secretary of state.	27259
The township shall have all of the powers set out in sections	27260
715.79, 715.80, and 715.81 of the Revised Code.	27261

(J) If, after creating and operating a joint economic	27262
development zone under this section, a contracting party that did	27263
not levy a municipal income tax under Chapter 718. of the Revised	27264
Code levies such a tax, the tax shall not apply to the zone for	27265
the full period of the contract establishing the zone, if the	27266
board of directors of the zone has levied an income tax as	27267
provided in division (H) of this section.	27268

Sec. 721.01. Municipal corporations have special power to	27269
sell or lease real estate or to sell personal property belonging	27270
to the municipal corporation, when such real estate or personal	27271
property is not needed for any municipal purpose. Such power shall	27272
be exercised in the manner provided by ~~sections 721.01 to 721.26,~~	27273
~~inclusive, of the Revised Code~~this chapter.	27274

Sec. 721.03. No contract, except as provided in section	27275
721.28 of the Revised Code, for the sale or lease of real estate	27276
belonging to a municipal corporation shall be made unless	27277
authorized by an ordinance, approved by a two-thirds vote of the	27278
members of the legislative authority of such municipal	27279
corporation, and by the board or officer having supervision or	27280
management of such real estate. When the contract is so	27281
authorized, it shall be made in writing by such board or officer,	27282
and, except as provided in section 721.27 or 721.29 of the Revised	27283
Code, only with the highest bidder, after advertisement once a	27284
week for five consecutive weeks in a newspaper of general	27285
circulation within the municipal corporation or as provided in	27286
section 7.16 of the Revised Code. Such board or officer may reject	27287
any bids and readvertise until all such real estate is sold or	27288
leased.	27289

Sec. 721.29. The legislative authority of a city may sell to	27290
a board of county commissioners real estate belonging to the city	27291
that is no longer needed for city purposes upon such lawful terms	27292
as are agreed upon between the city and the board of county	27293
commissioners, without competitive bidding as required by section	27294
721.03 of the Revised Code. No such sale shall be made unless the	27295
contract for the sale is authorized by ordinance, approved by a	27296
two-thirds vote of the members of the legislative authority of the	27297
city, and by the board or officer having supervision or management	27298
of the real estate.	27299

Sec. 731.091. (A) The legislative authority of a village may,	27300
by the adoption of an ordinance or resolution to eliminate	27301
staggered terms of office, determine that all members of the	27302
legislative authority shall be elected at the same municipal	27303
election as provided for in this section.	27304

(B) At the regular municipal election occurring not less than	27305
ninety days after the certification of the ordinance or resolution	27306
to the board of elections eliminating staggered terms of office,	27307
the following apply:	27308

(1) If there are six members of the legislative authority,	27309
~~three~~the number of members eligible for election at that regular	27310
municipal election shall be elected ~~at the next regular municipal~~	27311
~~election for~~to two-year nonstaggered terms, and all members of	27312
the legislative authority shall be elected to four-year	27313
nonstaggered terms at all following municipal elections.	27314

(2) If there are five members of the legislative authority,	27315
~~three~~a number of members that is one less than the number of	27316
members that would otherwise be eligible for election at that	27317
regular municipal election but for the first-time implementation	27318
of the new membership of five, or, in the case of a village that	27319
has previously reduced its number of members to five, then the	27320
number of members eligible for election at that regular municipal	27321
election shall be elected ~~at the next municipal election for~~to	27322
two-year nonstaggered terms, and all members shall be elected to	27323
four-year nonstaggered terms at all following municipal elections.	27324

Sec. 737.41. (A) The legislative authority of a municipal	27325
corporation in which is established a municipal court, other than	27326
a county-operated municipal court, that has a department of	27327
probation shall establish in the municipal treasury a municipal	27328
probation services fund. The fund shall contain all moneys paid to	27329
the treasurer of the municipal corporation under section 2951.021	27330
of the Revised Code for deposit into the fund. The treasurer of	27331
the municipal corporation shall disburse the money contained in	27332
the fund at the request of the municipal court department of	27333
probation, for use only by that department for specialized staff,	27334
purchase of equipment, purchase of services, reconciliation	27335
programs for offenders and victims, other treatment programs,	27336
including ~~alcohol and drug~~community addiction ~~programs~~services	27337
providers certified under section ~~3793.06~~5119.36 of the Revised	27338
Code, determined to be appropriate by the chief probation officer,	27339
and other similar expenses related to placing offenders under a	27340
community control sanction.	27341

(B) Any money in a municipal probation services fund at the	27342
end of a fiscal year shall not revert to the treasury of the	27343
municipal corporation but shall be retained in the fund.	27344

27345

(1) "County-operated municipal court" has the same meaning as	27346
in section 1901.03 of the Revised Code.	27347

(2) "Community control sanction" has the same meaning as in	27348
section 2929.01 of the Revised Code.	27349

Sec. 742.14. (A) The board of trustees of the Ohio police	27350
and fire pension fund shall have prepared triennially by or under	27351
the supervision of an actuary an actuarial valuation of the	27352
pension assets, liabilities, and funding requirements of the Ohio	27353
police and fire pension fund as established pursuant to sections	27354
742.01 to 742.61 of the Revised Code. The actuary shall complete	27355
the valuation in accordance with actuarial standards of practice	27356
promulgated by the actuarial standards board of the American	27357
academy of actuaries and prepare a report of the valuation. The	27358
report shall include all of the following:	27359

(1) A summary of the benefit provisions evaluated;

27360

(2) A summary of the census data and financial information	27361
used in the valuation;	27362

(3) A description of the actuarial assumptions, actuarial	27363
cost method, and asset valuation method used in the valuation,	27364
including a statement of the assumed rate of payroll growth and	27365
assumed rate of growth or decline in the number of members of the	27366
fund contributing to the pension fund;	27367

(4) A summary of findings that includes a statement of the	27368
actuarial accrued pension liabilities and unfunded actuarial	27369
accrued pension liabilities;	27370

(5) A schedule showing the effect of any changes in the	27371
benefit provisions, actuarial assumptions, or cost methods since	27372
the last triennial actuarial valuation;	27373

(6) A statement of whether employee and employer	27374
contributions to the pension fund are expected to be sufficient to	27375
satisfy the funding objectives established by the board.	27376

The first triennial report shall be made not later than	27377
November 1, 2013, to the Ohio retirement study council, the	27378
director of budget and management, and the standing committees of	27379
the house of representatives and the senate with primary	27380
responsibility for retirement legislation immediately upon its	27381
availability and thereafter triennially, not later than the first	27382
day of November.	27383

(B) At such times as the board determines, and at least once	27384
in each quinquennial period, the board shall have prepared by or	27385
under the supervision of an actuary an actuarial investigation of	27386
the mortality, service, and other experience of the members of the	27387
fund and of other system retirants, as defined in section 742.26	27388
of the Revised Code, who are members of a police department or a	27389
fire department to update the actuarial assumptions used in the	27390
actuarial valuation required by division (A) of this section. The	27391
actuary shall prepare a report of the actuarial investigation. The	27392
report shall be prepared and any recommended changes in actuarial	27393
assumptions shall be made in accordance with the actuarial	27394
standards of practice promulgated by the actuarial standards board	27395
of the American academy of actuaries. The report shall include all	27396
of the following:	27397

(1) A summary of relevant decrement and economic assumption	27398
experience observed over the period of the investigation;	27399

(2) Recommended changes in actuarial assumptions to be used	27400
in subsequent actuarial valuations required by division (A) of	27401
this section;	27402

(3) A measurement of the financial effect of the recommended	27403
changes in actuarial assumptions;	27404

(4) If the investigation required by this division includes	27405
the investigation required by division (E) of this section, a	27406
report of the result of that investigation.	27407

The board shall submit the report to the Ohio retirement	27408
study council and the standing committees of the house of	27409
representatives and the senate with primary responsibility for	27410
retirement legislation not later than the first day of November	27411
following the last fiscal year of the period the report covers.	27412

(C) The board shall have prepared by or under the supervision	27413
of an actuary an actuarial analysis of any introduced legislation	27414
expected to have a measurable financial impact on the pension	27415
fund. The actuarial analysis shall be completed in accordance with	27416
the actuarial standards of practice promulgated by the actuarial	27417
standards board of the American academy of actuaries. The actuary	27418
shall prepare a report of the actuarial analysis, which shall	27419
include all of the following:	27420

(1) A summary of the statutory changes that are being	27421
evaluated;	27422

(2) A description of or reference to the actuarial	27423
assumptions and actuarial cost method used in the report;	27424

(3) A description of the participant group or groups included	27425
in the report;	27426

(4) A statement of the financial impact of the legislation,	27427
including the resulting increase, if any, in the employer normal	27428
cost percentage; the increase, if any, in actuarial accrued	27429
liabilities; and the per cent of payroll that would be required to	27430
amortize the increase in actuarial accrued liabilities as a level	27431
per cent of covered payroll for all active members of the fund	27432
over a period not to exceed thirty years;	27433

(5) A statement of whether the scheduled contributions to the	27434
system after the proposed change is enacted are expected to be	27435
sufficient to satisfy the funding objectives established by the	27436
board.	27437

Not later than sixty days from the date of introduction of	27438
the legislation, the board shall submit a copy of the actuarial	27439
analysis to the legislative service commission, the standing	27440
committees of the house of representatives and the senate with	27441
primary responsibility for retirement legislation, and the Ohio	27442
retirement study council.	27443

(D) The board shall have prepared triennially a report giving	27444
a full accounting of the revenues and costs relating to the	27445
provision of benefits under section 742.45 of the Revised Code.	27446
The first triennial report shall be made as of December 31, 2013,	27447
and the thirty-first day of December triennially thereafter. The	27448
report shall include the following:	27449

(1) A description of the statutory authority for the benefits	27450
provided;	27451

(2) A summary of the benefits;

27452

(3) A summary of the eligibility requirements for the	27453
benefits;	27454

(4) A statement of the number of participants eligible for	27455
the benefits;	27456

(5) A description of the accounting, asset valuation, and	27457
funding method used to provide the benefits;	27458

(6) A statement of the net assets available for the provision	27459
of the benefits as of the last day of the fiscal year;	27460

(7) A statement of any changes in the net assets available	27461
for the provision of benefits, including participant and employer	27462
contributions, net investment income, administrative expenses, and	27463
benefits provided to participants, as of the last day of the	27464
fiscal year;	27465

(8) For the last six consecutive fiscal years, a schedule of	27466
the net assets available for the benefits, the annual cost of	27467
benefits, administrative expenses incurred, and annual employer	27468
contributions allocated for the provision of benefits;	27469

(9) A description of any significant changes that affect the	27470
comparability of the report required under this division;	27471

(10) A statement of the amount paid under division (B) of	27472
section 742.45 of the Revised Code.	27473

The board shall submit the report to the Ohio retirement	27474
study council, the director of budget and management, and the	27475
standing committees of the house of representatives and the senate	27476
with primary responsibility for retirement legislation immediately	27477
upon its availability and not later than the thirtieth day of June	27478
following the year for which the report was made.	27479

(E) At least once in each quinquennial period, the board	27480
shall have prepared by or under the supervision of an actuary an	27481
actuarial investigation of the deferred retirement option plan	27482
established under section 742.43 of the Revised Code. The	27483
investigation shall include an examination of the financial	27484
impact, if any, on the fund of offering the plan to members.	27485

The actuary shall prepare a report of the actuarial	27486
investigation. The report shall include a determination of whether	27487
the plan, as established or modified, has a negative financial	27488
impact on the fund and, if so, recommendations on how to modify	27489
the plan to eliminate the negative financial impact. If the	27490
actuarial report indicates that the plan has a negative financial	27491
impact on the fund, the board may modify the plan or cease to	27492
allow members who have not already done so to elect to participate	27493
in the plan. The firefighter and police officers employers'	27494
contributions shall not be increased to offset any negative	27495
financial impact of the plan.	27496

If the board ceases to allow members to elect to participate	27497
in the plan, the rights and obligations of members who have	27498
already elected to participate shall not be altered.	27499

The board may include the actuarial investigation required	27500
under this division as part of the actuarial investigation	27501
required under division (B) of this section. If the report of the	27502
actuarial investigation required by this division is not included	27503
in the report required by division (B) of this section, the board	27504
shall submit the report required by this division to the Ohio	27505
retirement study council and the standing committees of the house	27506
of representatives and the senate with primary responsibility for	27507
retirement legislation not later than the first day of November	27508
following the last fiscal year of the period the report covers.	27509

Sec. 755.06. (A) The board of park commissioners shall have	27510
the expenditures of all moneys appropriated by the legislative	27511
authority of the city or received from any other source for the	27512
purchase, acquisition, improvement, maintenance, equipment, or	27513
enjoyment of all property mentioned in section 755.05 of the	27514
Revised Code, but no liability shall be incurred or expenditure	27515
made unless the money required therefor is in the treasury to the	27516
credit of the park fund and not appropriated for any other	27517
purpose.	27518

(B) Notwithstanding division (A) of this section, if the	27519
legislative authority of a municipal corporation enters into an	27520
agreement for the sale or lease of mineral rights regarding lands	27521
that the board of park commissioners manages or controls, any	27522
royalties or other moneys resulting from the sale or lease shall	27523
be deposited into a special fund that the legislative authority	27524
shall establish under division (F) of section 5705.09 of the	27525
Revised Code. The board of park commissioners shall use the fund	27526
exclusively for maintenance of lands that the board manages or	27527
controls and for the acquisition of new park lands.	27528

Sec. 901.21. (A) As used in this section and section 901.22	27529
of the Revised Code:	27530

(1) "Agricultural easement" has the same meaning as in	27531
section 5301.67 of the Revised Code.	27532

(2) "Agriculture" means those activities occurring on land	27533
devoted exclusively to agricultural use, as defined in section	27534
5713.30 of the Revised Code, or on land that constitutes a	27535
homestead.	27536

(3) "Homestead" means the portion of a farm on which is	27537
located a dwelling house, yard, or outbuildings such as a barn or	27538
garage.	27539

(B) The director of agriculture may acquire real property	27540
used predominantly in agriculture and agricultural easements by	27541
gift, devise, or bequest if, at the time an easement is granted,	27542
such an easement is on land that is valued for purposes of real	27543
property taxation at its current value for agricultural use under	27544
section 5713.31 of the Revised Code or that constitutes a	27545
homestead. Any terms may be included in an agricultural easement	27546
so acquired that are necessary or appropriate to preserve on	27547
behalf of the grantor of the easement the favorable tax	27548
consequences of the gift, devise, or bequest under the "Internal	27549
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	27550
The director, by any such means or by purchase or lease, may	27551
acquire, or acquire the use of, stationary personal property or	27552
equipment that is located on land acquired in fee by the director	27553
under this section and that is necessary or appropriate for the	27554
use of the land predominantly in agriculture.	27555

(C) The director may include, in an agricultural easement	27556
acquired under division (B) of this section, a provision to	27557
preserve a unique natural or physical feature on the land so long	27558
as the use of the land remains predominantly agricultural.	27559

(D) The director may do all things necessary or appropriate	27560
to retain the use of real property acquired in fee under division	27561
(B) of this section predominantly in agriculture, including,	27562
without limitation, performing any of the activities described in	27563
division (A)(1) or (2) of section 5713.30 of the Revised Code or	27564
entering into contracts to lease or rent the real property so	27565
acquired to persons or governmental entities that will use the	27566
land predominantly in agriculture.	27567

~~(D)~~(E)(1) When the director considers it to be necessary or	27568
appropriate, the director may sell real property acquired in fee,	27569
and stationary personal property or equipment acquired by gift,	27570
devise, bequest, or purchase, under division (B) of this section	27571
on such terms as the director considers to be advantageous to this	27572
state.	27573

(2) An agricultural easement acquired under division (B) of	27574
this section may be extinguished under the circumstances	27575
prescribed, and in accordance with the terms and conditions set	27576
forth, in the instrument conveying the agricultural easement.	27577

~~(E)~~(F) There is hereby created in the state treasury the	27578
agricultural easement purchase fund. The fund shall consist of the	27579
proceeds received from the sale of real and personal property	27580
under division ~~(D)~~(E) of this section; moneys received due to the	27581
extinguishment of agricultural easements acquired by the director	27582
under division (B) of this section or section 5301.691 of the	27583
Revised Code; moneys received due to the extinguishment of	27584
agricultural easements purchased with the assistance of matching	27585
grants made under section 901.22 of the Revised Code; gifts,	27586
bequests, devises, and contributions received by the director for	27587
the purpose of acquiring agricultural easements; and grants	27588
received from public or private sources for the purpose of	27589
purchasing agricultural easements. The fund shall be administered	27590
by the director, and moneys in the fund shall be used by the	27591
director exclusively to purchase agricultural easements under	27592
division (A) of section 5301.691 of the Revised Code and provide	27593
matching grants under section 901.22 of the Revised Code to	27594
municipal corporations, counties, townships, soil and water	27595
conservation districts established under Chapter 1515. of the	27596
Revised Code, and charitable organizations described in division	27597
(B) of section 5301.69 of the Revised Code for the purchase of	27598
agricultural easements. Money in the fund shall be used only to	27599
purchase agricultural easements on land that is valued for	27600
purposes of real property taxation at its current value for	27601
agricultural use under section 5713.31 of the Revised Code or that	27602
constitutes a homestead when the easement is purchased.	27603

~~(F)~~(G) There is hereby created in the state treasury the	27604
clean Ohio agricultural easement fund. Twelve and one-half per	27605
cent of net proceeds of obligations issued and sold pursuant to	27606
sections 151.01 and 151.09 of the Revised Code shall be deposited	27607
into the fund. The fund shall be used by the director for the	27608
purposes of this section, section 901.22 of the Revised Code, and	27609
the provisions of sections 5301.67 to 5301.70 of the Revised Code	27610
governing agricultural easements. Investment earnings of the fund	27611
shall be credited to the fund and may be used to pay costs	27612
incurred by the director in administering those sections and	27613
provisions.	27614

~~(G)~~(H) The term of an agricultural easement purchased wholly	27615
or in part with money from the clean Ohio agricultural easement	27616
fund or the agricultural easement purchase fund shall be perpetual	27617
and shall run with the land.	27618

Sec. 901.22. (A) The director of agriculture, in accordance	27619
with Chapter 119. of the Revised Code, shall adopt rules that do	27620
all of the following:	27621

(1) Establish procedures and eligibility criteria for making	27622
matching grants to municipal corporations, counties, townships,	27623
soil and water conservation districts established under Chapter	27624
1515. of the Revised Code, and charitable organizations described	27625
in division (B) of section 5301.69 of the Revised Code for the	27626
purchase of agricultural easements. With respect to agricultural	27627
easements that are purchased or proposed to be purchased with such	27628
matching grants that consist in whole or in part of moneys from	27629
the clean Ohio agricultural easement fund created in section	27630
901.21 of the Revised Code, the rules shall establish all of the	27631
following:	27632

(a) Procedures for all of the following:

27633

(i) Soliciting and accepting applications for matching	27634
grants;	27635

(ii) Participation by local governments and by the public in	27636
the process of making matching grants to charitable organizations;	27637

(iii) Notifying local governments, charitable organizations,	27638
and organizations that represent the interests of farmers of the	27639
ranking system established in rules adopted under division	27640
(A)(1)(b) of this section.	27641

(b) A ranking system for applications for the matching grants	27642
that is based on the soil type, proximity of the land or other	27643
land that is conducive to agriculture as defined by rules adopted	27644
under this section and that is the subject of an application to	27645
other agricultural land or other land that is conducive to	27646
agriculture as defined by rules adopted under this section and	27647
that is already or is in the process of becoming permanently	27648
protected from development, farm stewardship, development	27649
pressure, and, if applicable, a local comprehensive land use plan	27650
involved with a proposed agricultural easement. The rules shall	27651
require that preference be given to proposed agricultural	27652
easements that involve the greatest proportion of all of the	27653
following:	27654

(i) Prime soils, unique or locally important soils,	27655
microclimates, or similar features;	27656

(ii) Land that is adjacent to or that is in close proximity	27657
to other agricultural land or other land that is conducive to	27658
agriculture as defined by rules adopted under this section and	27659
that is already or is in the process of becoming permanently	27660
protected from development, by agricultural easement or otherwise,	27661
so that a buffer would exist between the land involving the	27662
proposed agricultural easement and areas that have been developed	27663
or likely will be developed for purposes other than agriculture;	27664

(iii) The use of best management practices, including	27665
federally or state approved conservation plans, and a history of	27666
substantial compliance with applicable federal and state laws;	27667

(iv) Development pressure that is imminent, but not a result	27668
of current location in the direct path of urban development;	27669

(v) Areas identified for agricultural protection in local	27670
comprehensive land use plans.	27671

(c) Any other criteria that the director determines are	27672
necessary for selecting applications for matching grants;	27673

(d) Requirements regarding the information that must be	27674
included in the annual monitoring report that must be prepared for	27675
an agricultural easement under division (E)(2) of section 5301.691	27676
of the Revised Code, procedures for submitting a copy of the	27677
report to the office of farmland preservation in the department of	27678
agriculture, and requirements and procedures governing corrective	27679
actions that may be necessary to enforce the terms of the	27680
agricultural easement.	27681

(2) Establish provisions that shall be included in the	27682
instrument conveying to a municipal corporation, county, township,	27683
soil and water conservation district, or charitable organization	27684
any agricultural easement purchased with matching grant funds	27685
provided by the director under this section, including, without	27686
limitation, all of the following provisions:	27687

(a) A provision stating that an easement so purchased may be	27688
extinguished only if an unexpected change in the conditions of or	27689
surrounding the land that is subject to the easement makes	27690
impossible or impractical the continued use of the land for the	27691
purposes described in the easement, or if the requirements of the	27692
easement are extinguished by judicial proceedings;	27693

(b) A provision requiring that, upon the sale, exchange, or	27694
involuntary conversion of the land subject to the easement, the	27695
holder of the easement shall be paid an amount of money that is at	27696
least equal to the proportionate value of the easement compared to	27697
the total value of the land at the time the easement was acquired;	27698

(c) A provision requiring that, upon receipt of the portion	27699
of the proceeds of a sale, exchange, or involuntary conversion	27700
described in division (A)(2)(b) of this section, the municipal	27701
corporation, county, township, soil and water conservation	27702
district, or charitable organization remit to the director an	27703
amount of money equal to the percentage of the cost of purchasing	27704
the easement it received as a matching grant under this section.	27705

Moneys received by the director pursuant to rules adopted	27706
under division (A)(2)(c) of this section shall be credited to the	27707
agricultural easement purchase fund created in section 901.21 of	27708
the Revised Code.	27709

(3) Establish a provision that provides a charitable	27710
organization, municipal corporation, township, county, or soil and	27711
water conservation district with the option of purchasing	27712
agricultural easements either in installments or with a lump sum	27713
payment. The rules shall include a requirement that a charitable	27714
organization, municipal corporation, township, county, or soil and	27715
water conservation district negotiate with the seller of the	27716
agricultural easement concerning any installment payment terms,	27717
including the dates and amounts of payments and the interest rate	27718
on the outstanding balance. The rules also shall require the	27719
director to approve any method of payment that is undertaken in	27720
accordance with the rules adopted under division (A)(3) of this	27721
section.	27722

(4) Establish any other requirements that the director	27723
considers to be necessary or appropriate to implement or	27724
administer a program to make matching grants under this section	27725
and monitor those grants.	27726

(B) The director may develop guidelines regarding the	27727
acquisition of agricultural easements by the department of	27728
agriculture and the provisions of instruments conveying those	27729
easements. The director may make the guidelines available to	27730
public and private entities authorized to acquire and hold	27731
agricultural easements.	27732

(C) The director may provide technical assistance in	27733
developing a program for the acquisition and monitoring of	27734
agricultural easements to public and private entities authorized	27735
to hold agricultural easements. The technical assistance may	27736
include, without limitation, reviewing and providing advisory	27737
recommendations regarding draft instruments conveying agricultural	27738
easements.	27739

(D)(1) The director may make matching grants from the	27740
agricultural easement purchase fund and the clean Ohio	27741
agricultural easement fund to municipal corporations, counties,	27742
townships, soil and water conservation districts, and charitable	27743
organizations to assist those political subdivisions and	27744
charitable organizations in purchasing agricultural easements.	27745
Application for a matching grant shall be made on forms prescribed	27746
and provided by the director. The matching grants shall be made in	27747
compliance with the criteria and procedures established in rules	27748
adopted under this section. Instruments conveying agricultural	27749
easements purchased with matching grant funds provided under this	27750
section, at a minimum, shall include the mandatory provisions set	27751
forth in those rules.	27752

Matching grants made under this division using moneys from	27753
the clean Ohio agricultural easement fund created in section	27754
901.21 of the Revised Code may provide up to seventy-five per cent	27755
of the value of an agricultural easement as determined by a	27756
general real estate appraiser who is certified under Chapter 4763.	27757
of the Revised Code or as determined through a points-based	27758
appraisal system established under division (D)(2) of this	27759
section. Not less than twenty-five per cent of the value of the	27760
agricultural easement shall be provided by the recipient of the	27761
matching grant or donated by the person who is transferring the	27762
easement to the grant recipient. The amount of such a matching	27763
grant used for the purchase of a single agricultural easement	27764
shall not exceed one million dollars.	27765

(2) The director shall establish a points-based appraisal	27766
system for the purposes of division (D)(1) of this section. The	27767
director may include any or all of the following factors in the	27768
system:	27769

(a) Whether the applicable county auditor has determined that	27770
the land is land that is devoted exclusively to agriculture for	27771
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	27772

(b) Changes in land values following the completion of the	27773
applicable county auditor's reappraisal or triennial update;	27774

27775

(d) Proximity of the land to land that is already subject to	27776
an agricultural easement, conservation easement created under	27777
sections 5301.67 to 5301.70 of the Revised Code, or similar	27778
land-use limitation;	27779

(e) Proximity of the land to water and sewer lines, road	27780
interchanges, and nonagricultural development;	27781

(f) Parcel size and roadway frontage of the land;

27782

(g) Existence of an agreement entered into under division (D)	27783
of section 1515.08 of the Revised Code or of an operation and	27784
management plan developed under division (A) of section 1511.021	27785
of the Revised Code;	27786

(h) Existence of a comprehensive plan that is adopted under	27787
section 303.02 or 519.02 of the Revised Code or that is adopted by	27788
the planning commission of a municipal corporation under section	27789
713.06 of the Revised Code;	27790

(i) Any other factors that the director determines are	27791
necessary for inclusion in the system.	27792

(E) An agricultural easement acquired as a result of a	27793
matching grant awarded under division (D) of this section may	27794
include a provision to preserve a unique natural or physical	27795
feature on the land so long as the use of the land remains	27796
predominantly agricultural.	27797

(F) For any agricultural easement purchased with a matching	27798
grant that consists in whole or in part of moneys from the clean	27799
Ohio agricultural easement fund, the director shall be named as a	27800
grantee on the instrument conveying the easement, as shall the	27801
municipal corporation, county, township, soil and water	27802
conservation district, or charitable organization that receives	27803
the grant.	27804

~~(F)~~(G)(1) The director shall monitor and evaluate the	27805
effectiveness and efficiency of the agricultural easement program	27806
as a farmland preservation tool. On or before July 1, 1999, and	27807
the first day of July of each year thereafter, the director shall	27808
prepare and submit a report to the chairpersons of the standing	27809
committees of the senate and the house of representatives that	27810
consider legislation regarding agriculture. The report shall	27811
consider and address the following criteria to determine the	27812
program's effectiveness:	27813

(a) The number of agricultural easements purchased during the	27814
preceding year;	27815

(b) The location of those easements;

27816

(c) The number of acres of land preserved for agricultural	27817
use;	27818

(d) The amount of money used by a municipal corporation,	27819
township, county, or soil and water conservation district from any	27820
fund to purchase the agricultural easements;	27821

(e) The number of state matching grants given to purchase the	27822
agricultural easements;	27823

(f) The amount of state matching grant moneys used to	27824
purchase the agricultural easements.	27825

(2) The report also shall consider and include, at a minimum,	27826
the following information for each county to determine the	27827
program's efficiency:	27828

(a) The total number of acres in the county;

27829

(b) The total number of acres in current agricultural use;

27830

(c) The total number of acres preserved for agricultural use	27831
in the preceding year;	27832

(d) The average cost, per acre, of land preserved for	27833
agricultural use in the preceding year.	27834

Sec. 901.23. (A) There is hereby created the farmland	27835
preservation advisory board consisting of twelve voting members	27836
appointed by the director of agriculture as follows:	27837

(1) One member who is a county commissioner or a	27838
representative of a statewide organization that represents county	27839
commissioners;	27840

(2) One member who is a township trustee or a representative	27841
of a statewide organization that represents township trustees;	27842

(3) One representative of the Ohio state university;

27843

(4) One representative of a ~~national~~ nonprofit organization	27844
dedicated to the preservation of farmland;	27845

(5) One representative each of development, environmental,	27846
planning, and soil and water conservation interests;	27847

(6) One farmer from each of the state's four quadrants.

27848

Terms of office shall be staggered and shall be for three	27849
years, with each term ending on the same day of the same month as	27850
did the term that it succeeds. Each member shall hold office from	27851
the date of appointment until the end of the term for which the	27852
member was appointed, except that the term of any member who is a	27853
county commissioner or township trustee shall end when the member	27854
ceases to serve as a county commissioner or township trustee.	27855

Members may be reappointed. Vacancies shall be filled in the	27856
manner provided for original appointments. Any member appointed to	27857
fill a vacancy occurring prior to the expiration date of the term	27858
for which the member was appointed shall serve for the remainder	27859
of that term. A member shall continue to serve subsequent to the	27860
expiration date of the member's term until the member's successor	27861
takes office or until a period of sixty days has elapsed,	27862
whichever occurs first. Members shall serve at the pleasure of the	27863
director.	27864

The executive director of the office of farmland preservation	27865
in the department of agriculture or another employee of the	27866
department who is designated by the director shall serve as the	27867
nonvoting chairperson of the board. The director annually shall	27868
designate one member of the board to serve as its	27869
vice-chairperson. The board may adopt bylaws governing its	27870
operation and shall meet at a time when the director, or the	27871
director's designee, considers it appropriate in order for the	27872
board to provide advice as required under division (B) of this	27873
section.	27874

(B) The board shall provide advice to the director regarding	27875
all of the following:	27876

(1) The design and implementation of an agricultural easement	27877
purchase program;	27878

(2) The selection of applications that will be awarded	27879
matching grants under division (D) of section 901.22 of the	27880
Revised Code for the purchase of agricultural easements;	27881

(3) The design and implementation of any other statewide	27882
farmland protection measures that the director considers	27883
appropriate.	27884

(C) Serving as a member of the board does not constitute	27885
holding a public office or position of employment under the laws	27886
of this state and does not constitute grounds for removal of	27887
public officers or employees from their offices or positions of	27888
employment.	27889

(D) A board member shall be reimbursed for actual and	27890
necessary expenses incurred in the discharge of duties as a board	27891
member.	27892

Sec. 903.11. (A) The director of agriculture may enter into	27893
contracts or agreements to carry out the purposes of this chapter	27894
with any public or private person, including ~~the Ohio state~~	27895
~~university~~OSU extension ~~service~~, the natural resources	27896
conservation service in the United States department of	27897
agriculture, the environmental protection agency, the division of	27898
soil and water resources in the department of natural resources,	27899
and soil and water conservation districts established under	27900
Chapter 1515. of the Revised Code. However, the director shall not	27901
enter into a contract or agreement with a private person for the	27902
review of applications for permits to install, permits to operate,	27903
NPDES permits, or review compliance certificates that are issued	27904
under this chapter or for the inspection of a facility regulated	27905
under this chapter or with any person for the issuance of any of	27906
those permits or certificates or for the enforcement of this	27907
chapter and rules adopted under it.	27908

(B) The director may administer grants and loans using moneys	27909
from the federal government and other sources, public or private,	27910
for carrying out any of the director's functions. Nothing in this	27911
chapter shall be construed to limit the eligibility of owners or	27912
operators of animal feeding facilities or other agricultural	27913
enterprises to receive moneys from the water pollution control	27914
loan fund established under section 6111.036 of the Revised Code	27915
and the nonpoint source pollution management fund established	27916
under section 6111.037 of the Revised Code.	27917

The director of agriculture shall provide the director of	27918
environmental protection with written recommendations for	27919
providing financial assistance from those funds to agricultural	27920
enterprises. The director of environmental protection shall	27921
consider the recommendations in developing priorities for	27922
providing financial assistance from the funds.	27923

Sec. 903.30. (A) No person shall violate division (B)(1),	27924
(C)(1), (K), or (M)(1) or (2) of section 903.08 of the Revised	27925
Code or the NPDES provisions of a permit to operate.	27926

(B) No person shall violate or fail to perform any duty	27927
required by sections 903.01 to 903.07 and 903.12 of the Revised	27928
Code, violate a rule, or violate an order or term or condition of	27929
a permit issued by the director of agriculture under those	27930
sections or rules.	27931

(C) The attorney general, upon the written request of the	27932
director, shall prosecute any person who violates division (A) or	27933
(B) of this section.	27934

Sec. 903.99. (A) Whoever negligently violates division	27935
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	27936
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	27937
~~degree on a first offense, a misdemeanor of the second degree on a~~	27938
~~second offense, and a misdemeanor of the first degree on a third~~	27939
~~or subsequent offense. Each ten-day period that the offense~~	27940
~~continues~~shall be fined not more than ten thousand dollars or	27941
imprisoned for not more than ninety days, or both. Each day of	27942
violation constitutes a separate offense. For purposes of this	27943
division, notwithstanding division (D) of section 2901.22 of the	27944
Revised Code, a person acts negligently when, because of a lapse	27945
from due care, the person fails to perceive or avoid a risk that	27946
the person's conduct may cause a certain result or may be of a	27947
certain nature. A person is negligent with respect to	27948
circumstances when, because of a lapse from due care, the person	27949
fails to perceive or avoid a risk that such circumstances may	27950
exist.	27951

(B) Whoever recklessly violates ~~the terms and conditions of a~~	27952
~~permit to install issued under section 903.02 of the Revised Code~~	27953
~~or of a permit to operate issued under section 903.03 of the~~	27954
~~Revised Code,~~ division (A) or (B)~~(1), (C)(1), or (M)(1) or (2) of~~	27955
~~section 903.08 of the Revised Code, or the NPDES provisions of a~~	27956
~~permit to operate shall be fined not more than twenty-five~~	27957
~~thousand dollars.~~of section 903.30 of the Revised Code shall be	27958
fined not more than ten thousand dollars or imprisoned for not	27959
more than one year, or both. Each day of violation constitutes a	27960
separate offense.	27961

(C) Whoever knowingly violates division ~~(K)~~(A) or (B) of	27962
section ~~903.08~~903.30 of the Revised Code is guilty of a felony	27963
and shall be fined not more than twenty-five thousand dollars or	27964
imprisoned for not more than three years, or both. Each day of	27965
violation constitutes a separate offense.	27966

Sec. 905.06. The director of agriculture shall:

27967

(A) Gather information on the performance of various	27968
agricultural additives, including distributors' and manufacturers'	27969
claims, the results of investigation or research on additives, and	27970
the conditions when they are useful, and make the information	27971
available to the public;	27972

(B) Provide and distribute, in cooperation with ~~the~~	27973
~~agricultural~~OSU extension ~~service~~, information on the use of	27974
agricultural additives;	27975

(C) Provide for the prompt and thorough investigation of	27976
written complaints received concerning agricultural additives.	27977

Sec. 909.15. All moneys from registration fees and from	27978
fines imposed and recovered under sections 909.01 to 909.18 of the	27979
Revised Code, shall be paid to the director of agriculture, who	27980
shall deposit such moneys in the state treasury to the credit of	27981
the ~~general revenue~~plant pest program fund created in section	27982
927.54 of the Revised Code.	27983

Sec. 924.02. The director of agriculture, subject to	27984
sections 924.01 to 924.16 and Chapter 119. of the Revised Code,	27985
shall do all of the following:	27986

(A) Establish procedures by which producers of Ohio	27987
agricultural commodities may propose, develop, and operate	27988
marketing programs to:	27989

(1) Promote the sale and use of their products;

27990

(2) Develop new uses and markets for such products;

27991

(3) Improve the methods of distributing such products to	27992
consumers;	27993

(4) Standardize the quality of such products for specific	27994
uses.	27995

(B) Adopt and enforce rules to put into effect the intent of	27996
sections 924.01 to 924.16 of the Revised Code;	27997

(C) ~~Determine~~Except as provided in section 924.06 of the	27998
Revised Code, determine the eligibility of producers to	27999
participate in referendums and other procedures that may be	28000
required to establish marketing programs for agricultural	28001
commodities.	28002

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	28003
~~proposed amendment to an agricultural commodity marketing program~~	28004
~~established before April 10, 1985, the director of agriculture~~	28005
~~shall determine by a referendum whether the eligible producers~~	28006
~~favor the proposed amendment to the program. Any proposed~~	28007
~~amendment to a marketing program established before April 10,~~	28008
~~1985, is favored by the producers of the agricultural commodity~~	28009
~~which would be affected by the proposed amendment if either of the~~	28010
~~following occurs:~~	28011

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	28012
~~the producers who vote in the referendum, vote in favor of the~~	28013
~~amendment, and represent a majority of the volume of the affected~~	28014
~~commodity that was produced in the preceding marketing year by all~~	28015
~~producers who voted in the referendum;~~	28016

~~(2) A majority of the producers who vote in the referendum,~~	28017
~~vote in favor of the amendment and represent sixty-six and~~	28018
~~two-thirds per cent, or more, of the volume of the affected~~	28019
~~commodity that was produced in the preceding marketing year by all~~	28020
~~the producers who voted in the referendum.~~	28021

~~(B)~~ Within ninety days after ~~he has approved~~approving an	28022
agricultural commodity marketing program proposed on or after	28023
~~April 10, 1985~~the effective date of this amendment, or a proposed	28024
amendment to ~~such a~~an agricultural commodity marketing program,	28025
the director of agriculture shall determine by a referendum	28026
whether the eligible producers favor the proposed marketing	28027
program or amendment. Any such marketing program or amendment to	28028
~~such~~ a marketing program is favored by the producers of the	28029
agricultural commodity that would be affected by the proposed	28030
program or amendment if a majority of the producers who vote in	28031
the referendum vote in favor of the program or amendment.	28032

~~(C)~~(B) If the producers who vote in any referendum held	28033
pursuant to this section do not favor a proposed marketing	28034
program, or proposed amendment to a program, the director shall	28035
hold no additional referendum on that proposed program or proposed	28036
amendment during the ten months following the close of the	28037
referendum at which the producers did not favor that proposed	28038
program or amendment.	28039

~~(D)~~(C) In any referendum held pursuant to this section, each	28040
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	28041
would be affected by the proposed marketing program, or amendment	28042
to a program, is entitled to one vote.	28043

~~(E)~~(D) In any referendum held on an agricultural commodity	28044
marketing program, or a proposed amendment to such a program,	28045
votes may be cast in person or by mailing a ballot to a polling	28046
place designated by the director. The director shall establish a	28047
three-day period during which eligible producers may vote in	28048
person during normal business hours at polling places designated	28049
by the director. The director or other appropriate person shall	28050
send a mail-in ballot by ordinary first-class mail to any eligible	28051
producer who requests one by calling the toll-free telephone	28052
number or sending in the ballot request form provided for in	28053
division ~~(F)~~(E) of this section, by calling one of the polling	28054
places designated by the director, or by any additional method	28055
that the director or operating committee may provide. No ballot	28056
returned by mail shall be valid if it is postmarked later than the	28057
third day of the election period established by the director.	28058

~~(F)~~(E) For any referendum held on an agricultural commodity	28059
marketing program, or a proposed amendment to such a program, the	28060
director or operating committee shall cause a ballot request form	28061
to be published at least thirty days before the beginning of the	28062
election period established under division ~~(E)~~(D) of this section	28063
in at least two appropriate periodicals designated by the	28064
director, and shall make the form available for reproduction to	28065
any interested group or association. The director shall provide a	28066
toll-free telephone number that producers may call to request a	28067
ballot.	28068

(F) For the purposes of a referendum held on an egg marketing	28069
program or a proposed amendment to such a program under this	28070
section, an eligible producer is a person who is in the business	28071
of producing and marketing, or causing to be produced and	28072
marketed, eggs from a flock of more than seventy-five thousand	28073
domesticated chickens and, if the referendum is held on a proposed	28074
amendment to an egg marketing program, is subject to an assessment	28075
under the program.	28076

Sec. 927.54. The plant pest program fund is hereby created in	28077
the state treasury. The fund shall consist of money credited to it	28078
under section 909.15 of the Revised Code and under this chapter	28079
and any rules adopted under it. The director of agriculture shall	28080
use money in the fund to administer this chapter and Chapter 909.	28081
of the Revised Code.	28082

The director shall keep accurate records of all receipts into	28083
and disbursements from the fund and shall prepare, and provide	28084
upon request, an annual report classifying the receipts and	28085
disbursements that pertain to plant pests.	28086

Sec. 935.01. As used in this chapter:

28087

(A) "Board of health" means the board of health of a city or	28088
general health district or the authority having the duties of a	28089
board of health in any city authorized by section 3709.05 of the	28090
Revised Code.	28091

(B) "Circus" means a traveling show to which all of the	28092
following apply:	28093

(1) It is licensed by the United States department of	28094
agriculture under the federal animal welfare act.	28095

(2) It presents dangerous wild animals, restricted snakes, or	28096
both in a public performance as its own event or as part of a fair	28097
or carnival.	28098

(3) It does not allow physical contact between the public and	28099
the dangerous wild animals or restricted snakes possessed by it.	28100
Division (B)(3) of this section does not apply to rides or other	28101
interactions between the public and an elephant, provided that	28102
such a ride or other interaction is under the direct supervision	28103
of an experienced animal handler.	28104

(4) It is in the state for less than sixty-five days each	28105
year.	28106

(C) "Dangerous wild animal" means any of the following,	28107
including hybrids unless otherwise specified:	28108

(1) Hyenas;

28109

(2) Gray wolves, excluding hybrids;

28110

(3) Lions;

28111

(4) Tigers;

28112

(5) Jaguars;

28113

(6) Leopards, including clouded leopards, Sunda clouded	28114
leopards, and snow leopards;	28115

(7) All of the following, including hybrids with domestic	28116
cats unless otherwise specified:	28117

(a) Cheetahs;

28118

(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and	28119
Iberian lynxes;	28120

28121

(d) Caracals;

28122

(e) Servals, excluding hybrids with domestic cats commonly	28123
known as savannah cats.	28124

(8) Bears;

28125

(9) Elephants;

28126

(10) Rhinoceroses;

28127

(11) Hippopotamuses;

28128

(12) Cape buffaloes;

28129

(13) African wild dogs;

28130

(14) Komodo dragons;

28131

(15) Alligators;

28132

(16) Crocodiles;

28133

(17) Caimans, excluding dwarf caimans;

28134

(18) Gharials;

28135

(19) Nonhuman primates other than lemurs and the nonhuman	28136
primates specified in division (C)(20) of this section;	28137

(20) All of the following nonhuman primates:

28138

(a) Golden lion, black-faced lion, golden-rumped lion,	28139
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's	28140
tamarins;	28141

(b) Southern and northern night monkeys;

28142

28143

(d) Muriquis;

28144

(e) Goeldi's monkeys;

28145

(f) White-faced, black-bearded, white-nose bearded, and monk	28146
sakis;	28147

(g) Bald and black uakaris;

28148

(h) ~~Black-handed, white-bellied, brown-headed, and black~~	28149
~~spider monkeys;~~	28150

~~(i)~~ Common woolly monkeys;

28151

~~(j)~~(i) Red, black, and mantled howler monkeys.

28152

"Dangerous wild animal" does not include a domesticated	28153
animal that is considered livestock as defined in section 901.70	28154
of the Revised Code.	28155

(D) "Federal animal welfare act" has the same meaning as in	28156
section 959.131 of the Revised Code.	28157

(E) "Felony drug abuse offense" has the same meaning as in	28158
section 2925.01 of the Revised Code.	28159

(F) "Health district" means a city or general health district	28160
created by or under the authority of Chapter 3709. of the Revised	28161
Code.	28162

(G) "Humane society" means an organization that is organized	28163
under section 1717.05 of the Revised Code.	28164

(H) "Law enforcement officer" means a sheriff, deputy	28165
sheriff, constable, police officer of a township or joint police	28166
district, marshal, deputy marshal, municipal police officer, or	28167
state highway patrol trooper.	28168

(I) "Natural resources law enforcement officers" means peace	28169
officers as specified in division (A)(6) of section 109.71 of the	28170
Revised Code and employees of the division of wildlife specified	28171
in sections 1531.13 and 1531.14 of the Revised Code.	28172

(J) "Offense of violence" has the same meaning as in section	28173
2901.01 of the Revised Code.	28174

(K) "Rescue facility" means a nonprofit organization as	28175
described in section 170 of the "Internal Revenue Code of 1986,"	28176
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place	28177
of refuge where abused, neglected, unwanted, impounded, abandoned,	28178
orphaned, or displaced dangerous wild animals are provided care	28179
for their lifetime or released back to their natural habitat, and,	28180
with respect to an animal possessed by the organization, that does	28181
not do any of the following:	28182

(1) Sell, trade, or barter the animal or the animal's body	28183
parts;	28184

(2) Use the animal in any manner for profit;

28185

(3) Breed the animal;

28186

(4) Allow the public the opportunity to come into contact	28187
with the animal.	28188

(L) "Restricted snake" means any of the following:

28189

(1) All of the following constricting snakes that are twelve	28190
feet or longer:	28191

(a) Green anacondas;

28192

(b) Yellow anacondas;

28193

28194

(d) Indian pythons;

28195

(e) Burmese pythons;

28196

(f) North African rock pythons;

28197

(g) South African rock pythons;

28198

(h) Amethystine pythons.

28199

(2) Species of the following families:

28200

(a) Atractaspididae;

28201

(b) Elapidae;

28202

28203

(3) Boomslang snakes;

28204

(4) Twig snakes.

28205

(M) "Rule" means a rule adopted under section 935.17 of the	28206
Revised Code.	28207

(N) "Veterinarian" means a person who is licensed under	28208
Chapter 4741. of the Revised Code.	28209

(O) "Wildlife sanctuary" means a nonprofit organization as	28210
described in section 170 of the "Internal Revenue Code of 1986,"	28211
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or	28212
verified by the global federation of animal sanctuaries, that	28213
operates a place of refuge where abused, neglected, unwanted,	28214
impounded, abandoned, orphaned, or displaced dangerous wild	28215
animals or restricted snakes are provided care for their lifetime	28216
or released back to their natural habitat, and, with respect to an	28217
animal or snake possessed by the organization, that does not do	28218
any of the following:	28219

(1) Use or allow the use of the animal or snake for any type	28220
of entertainment or in a traveling exhibit;	28221

(2) Sell, trade, lease, loan, or barter the animal or snake	28222
or the animal's or snake's body parts;	28223

(3) Use or allow the use of the animal or snake in any manner	28224
for profit;	28225

(4) Breed the animal or snake;

28226

(5) Allow the public the opportunity to come into physical	28227
contact with the animal or snake.	28228

Sec. 935.03. (A) Division (A) of section 935.02 of the	28229
Revised Code does not apply to any of the following:	28230

(1) A person to which all of the following apply:

28231

(a) The person possesses a dangerous wild animal.

28232

(b) The person has been issued a license by the United States	28233
department of agriculture under the federal animal welfare act.	28234

(c) The director of agriculture has determined that the	28235
person is in the process of becoming an accredited member of the	28236
association of zoos and aquariums or the zoological association of	28237
America.	28238

(d) The director has informed the person that the person is	28239
exempt from division (A) of section 935.02 of the Revised Code.	28240

(2) An organization to which all of the following apply:

28241

(a) The organization possesses a dangerous wild animal.

28242

(b) The director has determined that the organization is in	28243
the process of being accredited or verified by the global	28244
federation of animal sanctuaries as a wildlife sanctuary.	28245

(c) The director has informed the organization that it is	28246
exempt from division (A) of section 935.02 of the Revised Code.	28247

(3) A person whose possession of a dangerous wild animal is	28248
authorized by an unexpired permit issued under this chapter.	28249

(B) Except for the purposes of divisions (A) and (B) of	28250
section 935.04 of the Revised Code, this chapter does not apply to	28251
any of the following:	28252

(1) A facility that is an accredited member of the	28253
association of zoos and aquariums or the zoological association of	28254
America and that is licensed by the United States department of	28255
agriculture under the federal animal welfare act;	28256

(2) A research facility as defined in the federal animal	28257
welfare act;	28258

(3) A research facility that is accredited by the association	28259
for the assessment and accreditation of laboratory animal care	28260
international;	28261

(4) A circus;

28262

(5) A wildlife rehabilitation facility that is issued a	28263
permit by the chief of the division of wildlife in rules adopted	28264
under section 1531.08 of the Revised Code and that rehabilitates	28265
dangerous wild animals or restricted snakes that are native to the	28266
state for the purpose of reintroduction into the wild;	28267

(6) A veterinarian that is providing temporary veterinary	28268
care to a dangerous wild animal or restricted snake;	28269

(7) A wildlife sanctuary;

28270

(8) An individual who does not reside in this state, is	28271
traveling through this state with a dangerous wild animal or	28272
restricted snake, and does all of the following:	28273

(a) Confines the animal or snake in a cage at all times;

28274

(b) Confines the animal or snake in a cage that is not	28275
accessible to the public;	28276

28277

(d) Is in the state not more than forty-eight hours unless	28278
the animal or snake is receiving veterinary care.	28279

(9) An educational institution that displays a single	28280
dangerous wild animal as a sports mascot and that meets all of the	28281
following criteria:	28282

(a) An official of the educational institution has submitted	28283
an affidavit attesting that the institution will care for the	28284
animal as long as the animal lives and in a facility that is an	28285
accredited member of the association of zoos and aquariums or the	28286
zoological association of America.	28287

(b) The educational institution maintains a liability	28288
insurance policy with an insurer authorized or approved to write	28289
such insurance in this state that covers claims for injury or	28290
damage to persons or property caused by a dangerous wild animal.	28291
The amount of the insurance coverage shall be not less than one	28292
million dollars.	28293

(c) During display and transport, the educational institution	28294
confines the dangerous wild animal in a cage that does not permit	28295
physical contact between the animal and the public.	28296

(d) The educational institution began displaying a dangerous	28297
wild animal as a mascot prior to ~~the effective date of this~~	28298
~~section~~September 5, 2012.	28299

(10) Any person who has been issued a permit under section	28300
1533.08 of the Revised Code;	28301

(11) Any person authorized to possess a dangerous wild animal	28302
or restricted snake under section 1531.25 of the Revised Code or	28303
rules adopted under it;	28304

~~(12) A mobility impaired person as defined in section 955.011~~	28305
~~of the Revised Code who possesses a dangerous wild animal~~	28306
~~specified in division (C)(20)(h) of section 935.01 of the Revised~~	28307
~~Code that has been trained by a nonprofit agency or is in such~~	28308
~~training to assist the mobility impaired person;~~	28309

~~(13) A deaf or hearing-impaired person who possesses a~~	28310
~~dangerous wild animal specified in division (C)(20)(h) of section~~	28311
~~935.01 of the Revised Code that has been trained by a nonprofit~~	28312
~~agency or is in such training to assist the deaf or~~	28313
~~hearing-impaired person;~~	28314

~~(14) A person who is blind as defined in section 955.011 of~~	28315
~~the Revised Code and possesses a dangerous wild animal specified~~	28316
~~in division (C)(20)(h) of section 935.01 of the Revised Code that~~	28317
~~has been trained by a nonprofit agency or is in such training to~~	28318
~~assist the blind person~~.	28319

Sec. 935.12. (A) Except as provided in division (B) of this	28320
section, a person that has been issued a permit under this chapter	28321
for a dangerous wild animal or animals shall comply with the	28322
requirements regarding the care and housing of dangerous wild	28323
animals established in rules.	28324

(B) A person that has been issued a wildlife shelter,	28325
wildlife propagation permit, or rescue facility permit under this	28326
chapter for a dangerous wild animal or animals specified in	28327
division (C)(20) of section 935.01 of the Revised Code shall	28328
comply with both of the following:	28329

(1) The requirements regarding the care of those animals	28330
established in regulations adopted under the federal animal	28331
welfare act;	28332

(2) The requirements regarding the housing of those animals	28333
established in rules.	28334

(C) A person that has been issued a restricted snake	28335
possession or restricted snake propagation permit under this	28336
chapter shall comply with the requirements regarding the care and	28337
housing of those snakes established in standards adopted by the	28338
zoological association of America and in effect on September 5,	28339
2012.	28340

Sec. 955.01. (A)(1) Except as otherwise provided in this	28341
section or in sections 955.011, 955.012, and 955.16 of the Revised	28342
Code, every person who owns, keeps, or harbors a dog more than	28343
three months of age, shall file, on or after the first day of the	28344
~~preceding~~applicable December, but before the thirty-first day of	28345
the applicable January ~~of each year~~, in the office of the county	28346
auditor of the county in which the dog is kept or harbored, an	28347
application for registration for ~~the following~~a period of one	28348
year, ~~beginning the thirty-first day of January of that year~~three	28349
years, or five years. The board of county commissioners, by	28350
resolution, may extend the period for filing the application. The	28351
application shall state the age, sex, color, character of hair,	28352
whether short or long, and breed, if known, of the dog and the	28353
name and address of the owner of the dog. A registration fee of	28354
two dollars for each year of registration for each dog shall	28355
accompany the application, unless a greater fee has been	28356
established under division (A)(2) of this section or under section	28357
955.14 of the Revised Code.	28358

(2) A board of county commissioners may establish a	28359
registration fee higher than the one provided for in division	28360
(A)(1) of this section for dogs more than nine months of age that	28361
have not been spayed or neutered, except that the higher	28362
registration fee permitted by this division shall not apply if a	28363
person registering a dog furnishes with the application either a	28364
certificate from a licensed veterinarian verifying that the dog	28365
should not be spayed or neutered because of its age or medical	28366
condition or because the dog is used or intended for use for show	28367
or breeding purposes or a certificate from the owner of the dog	28368
declaring that the owner holds a valid hunting license issued by	28369
the division of wildlife of the department of natural resources	28370
and that the dog is used or intended for use for hunting purposes.	28371
If the board establishes such a fee, the application for	28372
registration shall state whether the dog is spayed or neutered,	28373
and whether a licensed veterinarian has certified that the dog	28374
should not be spayed or neutered or the owner has stated that the	28375
dog is used or intended to be used for hunting purposes. The board	28376
may require a person who is registering a spayed or neutered dog	28377
to furnish with the application a certificate from a licensed	28378
veterinarian verifying that the dog is spayed or neutered. No	28379
person shall furnish a certificate under this division ~~which~~that	28380
the person knows to be false.	28381

(B) If the application for registration is not filed and the	28382
registration fee paid, on or before the thirty-first day of the	28383
applicable January of each year or, if the board of county	28384
commissioners by resolution has extended the date to a date later	28385
than the thirty-first day of January, the date established by the	28386
board, the auditor shall assess a penalty in an amount equal to	28387
the registration fee upon the owner, keeper, or harborer, which	28388
~~must~~shall be paid with the registration fee.	28389

(C) An animal shelter that keeps or harbors a dog more than	28390
three months of age is exempt from paying any fees imposed under	28391
division (A) or (B) of this section if it is a nonprofit	28392
organization that is exempt from federal income taxation under	28393
subsection 501(a) and described in subsection 501(c)(3) of the	28394
"Internal Revenue Code of 1986," 100 Stat. ~~285~~2085, 26 U.S.C. 1.	28395

Sec. 955.05. After the thirty-first day of January of any	28396
year, except as otherwise provided in section 955.012 or 955.16 of	28397
the Revised Code, every person, immediately upon becoming the	28398
owner, keeper, or harborer of any dog more than three months of	28399
age or brought from outside the state during any year, shall file	28400
like applications, with fees, as required by section 955.01 of the	28401
Revised Code, for registration for the current year. If ~~such~~the	28402
application is not filed and the fee paid, within thirty days	28403
after ~~such~~the dog is acquired, becomes three months of age, or is	28404
brought from outside the state, the auditor shall assess a penalty	28405
in an amount equal to the registration fee upon ~~such~~the owner,	28406
keeper, or harborer, which ~~must~~shall be paid with the	28407
registration fee. Thereafter, the owner, keeper, or harborer shall	28408
register the dog for a period of one year, three years, or five	28409
years as provided in section 955.01 of the Revised Code.	28410

Every person becoming the owner of a kennel of dogs after the	28411
thirty-first day of January of any year shall file like	28412
applications, with fees, as required by section 955.04 of the	28413
Revised Code, for the registration of such kennel for the current	28414
calendar year. If such application is not filed and the fee paid	28415
within thirty days after the person becomes the owner of such	28416
kennel, the auditor shall assess a penalty in an amount equal to	28417
the registration fee upon the owner of such kennel.	28418

Sec. 955.06. The owner, keeper, or harborer of a dog	28419
becoming three months of age after the first day of July in a	28420
calendar year and the owner, keeper, or harborer of a dog	28421
purchased outside the state after the first day of July in a	28422
calendar year shall register the dog for one year. The	28423
registration fee for any such dog ~~becoming three months of age~~	28424
~~after the first day of July of any year and the registration fee~~	28425
~~of any dog purchased from outside the state after the first day of~~	28426
~~July of any year~~ shall be one-half of the original fee.	28427
Thereafter, the owner, keeper, or harborer shall register the dog	28428
for a period of one year, three years, or five years as provided	28429
in section 955.01 of the Revised Code.	28430

Sec. 955.07. Upon the filing of the application for	28431
registration required by sections 955.01 and 955.04 of the Revised	28432
Code and upon the payment of the registration fee and the	28433
administrative fee, if applicable, the county auditor shall assign	28434
a distinctive number to every dog or dog kennel described in the	28435
application and shall deliver a certificate of registration	28436
bearing the number to the owner of the dog or dog kennel. A record	28437
of all certificates of registration issued, together with the	28438
applications for registration, shall be kept by the auditor in a	28439
dog and kennel register ~~for two years or~~ until after an audit	28440
performed by the auditor of state~~, whichever is later~~. This record	28441
shall be open to the inspection of any person during reasonable	28442
business hours.	28443

Sec. 955.08. In addition to the certificate of registration	28444
provided for by section 955.07 of the Revised Code, the county	28445
auditor shall issue to every person making application for the	28446
registration of a dog and paying the required fee therefor a metal	28447
tag for each dog so registered. The form, color, character, and	28448
lettering of the tag shall be prescribed by the county auditor.	28449
~~Each year the tag shall be a color distinctive from that of the~~	28450
~~previous year.~~ If a tag is lost, a duplicate shall be furnished by	28451
the auditor upon proper proof of loss and the payment of five	28452
dollars for each duplicate tag issued.	28453

Sec. 955.09. Certificates of registration and registration	28454
tags shall be valid only during the calendar year inor years for	28455
which they are issued~~, and during the first thirty-one days of the~~	28456
~~following calendar year~~.	28457

Sec. 955.14. (A) Notwithstanding section 955.01 of the	28458
Revised Code, a board of county commissioners by resolution may	28459
increase dog and kennel registration fees in the county. The	28460
amount of the fees shall not exceed an amount that the board, in	28461
its discretion, estimates is needed to pay all expenses for the	28462
administration of this chapter and to pay claims allowed for	28463
animals injured or destroyed by dogs. Such a resolution shall be	28464
adopted not earlier than the first day of February and not later	28465
than the thirty-first day of August of any year and shall ~~apply to~~	28466
specify the registration period ~~commencing on the first day of~~	28467
~~December of the current year and ending on the thirty-first day of~~	28468
~~January of the following year, unless the period is extended under~~	28469
~~section 955.01 of the Revised Code~~or periods to which the	28470
increased fees apply. Any increase in fees adopted under this	28471
division shall be in the ratio of two dollars for each year of	28472
registration for a dog registration fee and ten dollars for a	28473
kennel registration fee.	28474

(B) Not later than the fifteenth day of October of each year,	28475
the board of county commissioners shall determine if there is	28476
sufficient money in the dog and kennel fund, after paying the	28477
expenses of administration incurred or estimated to be incurred	28478
for the remainder of the year, to pay the claims allowed for	28479
animals injured or destroyed by dogs. If the board determines	28480
there is not sufficient money in the dog and kennel fund to pay	28481
the claims allowed, the board shall provide by resolution that all	28482
claims remaining unpaid shall be paid from the general fund of the	28483
county. All money paid out of the general fund for those purposes	28484
may be replaced by the board from the dog and kennel fund at any	28485
time during the following year notwithstanding section 5705.14 of	28486
the Revised Code.	28487

(C) Notwithstanding section 955.20 of the Revised Code, if	28488
dog and kennel registration fees in any county are increased above	28489
two dollars for each year of registration and ten dollars,	28490
respectively, under authority of division (A) of this section,	28491
then on or before the first day of March following each year in	28492
which the increased fees are in effect, the county auditor shall	28493
draw on the dog and kennel fund a warrant payable to the college	28494
of veterinary medicine of the Ohio state university in an amount	28495
equal to ten cents for each dog and kennel registration fee	28496
received during the preceding year. The money received by the	28497
college of veterinary medicine of the Ohio state university under	28498
this division shall be applied for research and study of the	28499
diseases of dogs, particularly those transmittable to humans, and	28500
for research of other diseases of dogs that by their nature will	28501
provide results applicable to the prevention and treatment of both	28502
human and canine illness.	28503

(D) The Ohio state university college of veterinary medicine	28504
shall be responsible to report annually to the general assembly	28505
the progress of the research and study authorized and funded by	28506
division (C) of this section. The report shall briefly describe	28507
the research projects undertaken and assess the value of each. The	28508
report shall account for funds received pursuant to division (C)	28509
of this section and for the funds expended attributable to each	28510
research project and for other necessary expenses in conjunction	28511
with the research authorized by division (C) of this section. The	28512
report shall be filed with the general assembly by the first day	28513
of May of each year.	28514

(E) The county auditor may authorize agents to receive	28515
applications for registration of dogs and kennels and to issue	28516
certificates of registration and tags. If authorized agents are	28517
employed in a county, each applicant for a dog or kennel	28518
registration shall pay to the agent an administrative fee of	28519
seventy-five cents in addition to the registration fee. The	28520
administrative fee shall be the compensation of the agent. The	28521
county auditor shall establish rules for reporting and accounting	28522
by the agents. No administrative or similar fee shall be charged	28523
in any county except as authorized by this division or division	28524
(F) of this section.	28525

(F) For any county that accepts the payment of dog and kennel	28526
registration fees by financial transaction devices in accordance	28527
with section 955.013 of the Revised Code, in addition to those	28528
registration fees, the county auditor shall collect for each	28529
registration paid by a financial transaction device one of the	28530
following:	28531

(1) An administrative fee of seventy-five cents or another	28532
amount necessary to cover actual costs designated by the county	28533
auditor;	28534

(2) If the board of county commissioners adopts a surcharge	28535
or convenience fee for making payments by a financial transaction	28536
device under division (E) of section 301.28 of the Revised Code,	28537
that surcharge or convenience fee;	28538

(3) If the county auditor contracts with a third party to	28539
provide services to enable registration via the internet as	28540
provided in section 955.013 of the Revised Code, a surcharge or	28541
convenience fee as agreed to between that third party and the	28542
county for those internet registration services. Any additional	28543
expenses incurred by the county auditor that result from a	28544
contract with a third party as provided in this section and	28545
section 955.013 of the Revised Code and that are not covered by a	28546
surcharge or convenience fee shall be paid out of the allowance	28547
provided to the county auditor under section 955.20 of the Revised	28548
Code.	28549

(G) The county auditor shall post conspicuously the amount of	28550
the administrative fee, surcharge, or convenience fee that is	28551
permissible under this section on the web page where the auditor	28552
accepts payments for registrations made under division (B)(1) of	28553
section 955.013 of the Revised Code. If any person chooses to pay	28554
by financial transaction device, the administrative fee,	28555
surcharge, or convenience fee shall be considered voluntary and is	28556
not refundable.	28557

(H) As used in this section, "animal" has the same meaning as	28558
in section 955.51 of the Revised Code.	28559

Sec. 955.201. (A) As used in this section and in section	28560
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	28561
corporation organized by that name under Chapter 1702. of the	28562
Revised Code that consists of humane societies, veterinarians,	28563
animal shelters, companion animal breeders, dog wardens, or	28564
similar individuals and entities.	28565

(B) The Ohio pet fund shall do all of the following:

28566

(1) Establish eligibility criteria for organizations that may	28567
receive financial assistance from the Ohio pet fund. Those	28568
organizations may include any of the following:	28569

(a) An animal shelter as defined in section 4729.01 of the	28570
Revised Code;	28571

(b) A local nonprofit veterinary association that operates a	28572
program for the sterilization of dogs and cats;	28573

(c) A charitable organization that is exempt from federal	28574
income taxation under subsection 501(c)(3) of the Internal Revenue	28575
Code and a purpose of which is to support programs for the	28576
sterilization of dogs and cats and educational programs concerning	28577
the proper veterinary care of those animals.	28578

(2) Establish procedures for applying for financial	28579
assistance from the Ohio pet fund. Application procedures shall	28580
require eligible organizations to submit detailed proposals that	28581
outline the intended uses of the moneys sought.	28582

(3) Establish eligibility criteria for sterilization and	28583
educational programs for which moneys from the Ohio pet fund may	28584
be used and, consistent with division (C) of this section,	28585
establish eligibility criteria for individuals who seek	28586
sterilization for their dogs and cats from eligible organizations;	28587

(4) Establish procedures for the disbursement of moneys the	28588
Ohio pet fund receives from license plate contributions pursuant	28589
to division (C) of section 4503.551 of the Revised Code;	28590

(5) Advertise or otherwise provide notification of the	28591
availability of financial assistance from the Ohio pet fund for	28592
eligible organizations;	28593

(6) Design markings to be inscribed on "pets" license plates	28594
under section 4503.551 of the Revised Code.	28595

(C)(1) The owner of a dog or cat is eligible for dog or cat	28596
sterilization services from an eligible organization when those	28597
services are subsidized in whole or in part by money from the Ohio	28598
pet fund if any of the following applies:	28599

(a) The income of the owner's family does not exceed one	28600
hundred fifty per cent of the federal poverty guideline.	28601

(b) The owner, or any member of the owner's family who	28602
resides with the owner, is a recipient or beneficiary of one of	28603
the following government assistance programs:	28604

(i) Low-income housing assistance under the "United States	28605
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	28606
federal section 8 housing program;	28607

(ii) The Ohio works first program established by Chapter	28608
5107. of the Revised Code;	28609

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	28610
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	28611
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	28612
~~department of job and family services under Chapter 5111. of the~~	28613
~~Revised Code~~;	28614

(iv) A program or law administered by the United States	28615
department of veterans' affairs or veterans' administration for	28616
any service-connected disability;	28617

(v) The supplemental nutrition assistance program established	28618
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	28619
administered by the department of job and family services under	28620
section 5101.54 of the Revised Code;	28621

(vi) The "special supplemental nutrition program for women,	28622
infants, and children" established under the "Child Nutrition Act	28623
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	28624
by the department of health under section 3701.132 of the Revised	28625
Code;	28626

(vii) Supplemental security income under Title XVI of the	28627
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	28628
amended;	28629

(viii) Social security disability insurance benefits provided	28630
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	28631
42 U.S.C.A. 401, as amended.	28632

(c) The owner of the dog or cat submits to the eligible	28633
organization operating the sterilization program either of the	28634
following:	28635

(i) A certificate of adoption showing that the dog or cat was	28636
adopted from a licensed animal shelter, a municipal, county, or	28637
regional pound, or a holding and impoundment facility that	28638
contracts with a municipal corporation;	28639

(ii) A certificate of adoption showing that the dog or cat	28640
was adopted through a nonprofit corporation operating an animal	28641
adoption referral service whose holding facility, if any, is	28642
licensed in accordance with state law or a municipal ordinance.	28643

(2) The Ohio pet fund shall determine the type of documentary	28644
evidence that must be presented by the owner of a dog or cat to	28645
show that the income of the owner's family does not exceed one	28646
hundred fifty per cent of the federal poverty guideline or that	28647
the owner is eligible under division (C)(1)(b) of this section.	28648

(D) As used in division (C) of this section, "federal poverty	28649
guideline" means the official poverty guideline as revised	28650
annually by the United States department of health and human	28651
services in accordance with section 673(2) of the "Omnibus Budget	28652
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	28653
amended, for a family size equal to the size of the family of the	28654
person whose income is being determined.	28655

Sec. 956.07. (A) A person who is applying for a license to	28656
operate a high volume breeder or to act as or perform the	28657
functions of a dog retailer under section 956.04 or 956.05 of the	28658
Revised Code, as applicable, shall include with the application	28659
for a license a nonrefundable license application fee. For the	28660
purpose of calculating the application fee for a high volume	28661
breeder, the sale of one dog from a litter constitutes the sale of	28662
a litter. The application fees are as follows:	28663

(1) For a high volume breeder:

28664

(a) One hundred fifty dollars if the high volume breeder	28665
annually sells at least nine, but not more than fifteen litters;	28666

(b) Two hundred fifty dollars if the high volume breeder	28667
annually sells at least sixteen, but not more than twenty-five	28668
litters;	28669

(c) Three hundred fifty dollars if the high volume breeder	28670
annually sells at least twenty-six, but not more than thirty-five	28671
litters;	28672

(d) Five hundred dollars if the high volume breeder annually	28673
sells at least thirty-six, but not more than forty-five litters;	28674

(e) Seven hundred fifty dollars if the high volume breeder	28675
annually sells forty-six or more litters.	28676

(2) For a dog retailer, five hundred dollars.

28677

(B) Money collected by the director of agriculture from each	28678
application fee submitted under this section shall be ~~transmitted~~	28679
~~by the director to the treasurer of~~deposited in the state	28680
treasury to ~~be credited to~~the credit of the high volume breeder	28681
kennel control license fund created in section 956.18 of the	28682
Revised Code. The ~~treasurer of state shall transfer to the county~~	28683
~~auditor of the county in which a high volume breeder is located or~~	28684
~~will be located~~director shall use fifty dollars of the	28685
application fee submitted by ~~the~~a high volume breeder under this	28686
section or an amount equal to the fee charged ~~in that county~~ for	28687
the registration of a kennel under section 955.14 of the Revised	28688
Code in the county in which the high volume breeder is located or	28689
will be located, whichever is greater, to reimburse that county.	28690
The county auditor shall deposit the transferred money into that	28691
county's dog and kennel fund created under section 955.20 of the	28692
Revised Code.	28693

Sec. 956.18. (A) All money collected by the director of	28694
agriculture from license fees under section ~~956.08~~956.07 and	28695
civil penalties assessed under section 956.13 of the Revised Code	28696
shall be deposited in the state treasury to the credit of the high	28697
volume breeder kennel control license fund, which is hereby	28698
created. The fund shall also consist of money appropriated to it.	28699

(B) No money may be released from the fund without	28700
controlling board approval. The director shall request the	28701
controlling board to release money in an amount not to exceed two	28702
million five hundred thousand dollars per biennium.	28703

(C) The director shall use the money in the fund for the	28704
purpose of administering this chapter and rules adopted under it.	28705

Sec. 991.03. (A) The Ohio expositions commission shall:

28706

(1) Conduct at least one fair or exposition annually;

28707

(2) Maintain and manage property held by the state for the	28708
purpose of conducting fairs, expositions, and exhibits;	28709

(3) As provided in section 109.122 of the Revised Code,	28710
provide notice of or copies of any proposed entertainment or	28711
sponsorship contracts to the attorney general.	28712

(B) The commission may:

28713

(1) Conduct such additional fairs, expositions, or	28714
exhibitions as the commission determines are in the general public	28715
interest;	28716

(2) Accept on behalf of the state conveyances of property for	28717
the purposes of conducting fairs, expositions, and exhibits,	28718
subject to any terms and conditions agreed to by the commission	28719
and approved by the controlling board;	28720

(3) Accept gifts, devises, and bequests of money, lands, and	28721
other property and apply the money, lands, or other property	28722
according to the terms of the gift, devise, or bequest. A	28723
political subdivision as authorized by law may make gifts and	28724
devises to the commission, and the commission shall apply such a	28725
gift or devise according to the terms of the gift or devise. All	28726
gifts and bequests of money accepted under this division shall be	28727
deposited into the state treasury to the credit of the Ohio	28728
expositions support fund.	28729

(4) Enter into contracts that the commission considers	28730
necessary or worthwhile in the conduct of its purposes, provided	28731
that contracts made for a term exceeding two years, other than	28732
those described in division (B)(4) of this section, shall be	28733
subject to the approval of the controlling board and provided that	28734
the attorney general, pursuant to the attorney general's authority	28735
under section 109.122 of the Revised Code, has not disapproved the	28736
proposed contract;	28737

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	28738
or services;	28739

~~(5)~~(6) Sell or convey all or a portion of the property, land,	28740
or buildings under its management subject to the approval of the	28741
legislature;	28742

~~(6)~~(7) Grant leases on all or any part of the property, land,	28743
or buildings under the management of the commission to private or	28744
public organizations, which appear to be in the best interests of	28745
the state, with the approval of the controlling board and director	28746
of administrative services, subject to the following conditions:	28747

(a) The lessees shall make or construct improvements on such	28748
lands or buildings at no cost to the commission or to the state,	28749
subject to prior approval by the director of administrative	28750
services of detailed plans and specifications of such	28751
improvements.	28752

(b) No person, firm, or corporation shall cause a lien to be	28753
filed against any funds or property of the state or of the	28754
commission as a result of a lessee's activities pursuant to	28755
division (B)~~(6)~~(7)(a) of this section.	28756

(c) Leases shall be entered into subject to the sale of such	28757
property, lands, or buildings during the term of the lease.	28758

(d) No leases shall be made which interfere with a fair,	28759
exposition, or exhibition on such lands.	28760

~~(7)~~(8) Encumber appropriations for the entire amount of a	28761
contract at the time the contract is made, even though the	28762
contract will not be performed in the fiscal year for which the	28763
appropriations were made.	28764

~~(8)~~(9) Implement a credit card payment program permitting	28765
payment by means of a credit card of any fees, charges, and	28766
rentals associated with conducting fairs, expositions, and	28767
exhibits. The commission may open an account outside the state	28768
treasury in a financial institution for the purpose of depositing	28769
credit card receipts. By the end of the business day following the	28770
deposit of the receipts, the financial institution shall make	28771
available to the commission funds in the amount of the receipts.	28772
The commission shall then pay these funds into the state treasury	28773
to the credit of the Ohio expositions fund.	28774

The commission shall adopt rules as necessary to carry out	28775
the purposes of division (B)~~(8)~~(9) of this section. The rules	28776
shall include standards for determining eligible financial	28777
institutions and the manner in which funds shall be made available	28778
and shall be consistent with the standards contained in sections	28779
135.03, 135.18, and 135.181 of the Revised Code.	28780

The commission shall not adopt or enforce any rules which	28781
will prohibit livestock exhibited at the Ohio state fair from	28782
participating in county and independent fairs in the state.	28783

Sec. 991.04. There is hereby established in the state	28784
treasury the Ohio expositions fund. ~~All~~Except for gifts and	28785
bequests of money accepted under division (B)(3) of section 991.03	28786
of the Revised Code, all moneys collected by the Ohio expositions	28787
commission pursuant to sections 991.01 to 991.07 of the Revised	28788
Code and any income generated from the investment of those moneys	28789
shall be paid into the fund and may be used to defray the costs of	28790
administration and carrying out the purposes of sections 991.01 to	28791
991.07 of the Revised Code.	28792

With the approval of the director of budget and management,	28793
provisions may be made for a cash fund to be established on the	28794
state fairgrounds during the period of activities related to the	28795
holding of the annual state fair. The purpose of such fund is to	28796
provide for payment of premiums and entertainers and for immediate	28797
payment of small amounts for obligations, including ticket	28798
refunds, of such nature as to require immediate payment.	28799

The expositions commission shall cause to be kept an accurate	28800
record of all transactions, contracts, and proceedings. The	28801
director of budget and management shall prescribe a system of	28802
accounting and reporting. Such system shall include methods and	28803
forms showing the sources from which all revenues of the	28804
expositions commission are received, the amount collected from	28805
each source, and the amount expended for each purpose.	28806

Sec. 991.041. There is in the state treasury the Ohio	28807
expositions support fund. All gifts and bequests of money accepted	28808
under division (B)(3) of section 991.03 of the Revised Code shall	28809
be deposited into the state treasury to the credit of the fund.	28810
Investment earnings of the fund shall be deposited into the fund.	28811
The Ohio expositions commission may use the fund, consistent with	28812
the terms of the gift or bequest, to defray the cost of	28813
administration and of carrying out the purposes of sections 991.01	28814
to 991.07 of the Revised Code.	28815

Sec. 991.06. Annually on or before the thirtieth day of	28816
September the Ohio expositions commission, through its general	28817
manager, shall prepare and file with the auditor of state a	28818
statement showing the total amount received from each source of	28819
revenue, the total amount disbursed for each class of	28820
expenditures, and the aggregate of all receipts and expenditures	28821
of the commission. This statement shall also include a summary of	28822
each contract for the mutual exchange of goods or services entered	28823
into by the commission under ~~division (B)(4) of~~ section 991.03 of	28824
the Revised Code. Upon receipt of such statement, the auditor of	28825
state shall have it verified and make a report of ~~his~~the auditor	28826
of state's findings thereon to the governor.	28827

Assistant auditors of state shall conduct an audit of	28828
activities of the annual Ohio state fair on the Ohio exposition	28829
center during the period when the fair is in progress.	28830

The cost of such audit shall be included in the annual	28831
expenses of the Ohio expositions commission.	28832

Sec. 1309.521. (A) A filing office that accepts written	28833
records may not refuse to accept a written initial financing	28834
statement in the ~~following~~ form and format set forth in the	28835
official text of the 2010 amendments to article 9 of the uniform	28836
commercial code promulgated by the American law institute and the	28837
national conference of commissioners on uniform state laws, except	28838
for a reason prescribed in division (B) of section 1309.516 of the	28839
Revised Code:.	28840

~~UCC FINANCING STATEMENT~~	28841

~~Follow instructions (front and back) carefully.~~	28842

~~A. Name and phone of contact at filer (optional)~~			28843
~~.................................................................~~			28844
~~B. Send acknowledgment to: (name and address)~~			28845
~~..................................~~			28846
~~..................................~~			28847
~~..................................~~	~~The above space is for filing office use only.~~		28848
~~1. DEBTOR'S EXACT FULL LEGAL NAME~~			28849
~~(Insert only one debtor name [1a or 1b]. Do not abbreviate or~~			28850
~~combine names. If completing 1b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			28851
~~1a. Organization's name .........................................~~			28852
or			28853
~~1b. Individual's last name ............. First name .............~~			28854
~~Middle name ........................... Suffix ..................~~			28855
~~1c. Mailing address .............................................~~			28856
~~City .......... State ....... Postal code ...... Country ........~~			28857
		28858
~~Additional information regarding organization debtor~~			28859
~~1d. Type of organization ........................................~~			28860
~~1e. Jurisdiction of organization ................................~~			28861
~~2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			28862
~~(Insert only one debtor name [2a or 2b]. Do not abbreviate or~~			28863
~~combine names. If completing 2b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			28864
~~2a. Organization's name .........................................~~			28865
or			28866
~~2b. Individual's last name ............. First name .............~~			28867
~~Middle name ........................... Suffix ..................~~			28868
~~2c. Mailing address .............................................~~			28869
~~City .......... State ....... Postal code ...... Country ........~~			28870
		28871
~~Additional information regarding organization debtor~~			28872
~~2d. Type of organization ........................................~~			28873
~~2e. Jurisdiction of organization ................................~~			28874
~~3. SECURED PARTY'S NAME (or name of total assignee of assignor~~			28875
~~S/P). Insert only one secured party name (3a or 3b).~~			28876
~~3a. Organization's name .........................................~~			28877
or			28878
~~3b. Individual's last name ............. First name .............~~			28879
~~Middle name ........................... Suffix ..................~~			28880
~~3c. Mailing address .............................................~~			28881
~~City .......... State ....... Postal code ...... Country ........~~			28882
~~4. This FINANCING STATEMENT covers the following collateral:~~			28883
~~.................................................................~~			28884
~~.................................................................~~			28885
~~.................................................................~~			28886
~~.................................................................~~			28887
~~5. ALTERNATIVE DESIGNATION (if applicable):~~			28888
~~[ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor~~			28889
~~[ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing~~			28890
~~6. [ ] This FINANCING STATEMENT is to be filed [for record] (or~~			28891
~~recorded) in the REAL ESTATE RECORDS. Attach addendum ..........~~			28892
~~[if applicable].~~			28893
~~7. Check to REQUEST SEARCH REPORT(S) on debtor(s)~~			28894
~~[ADDITIONAL FEE] .......... [optional]~~			28895
~~[ ] All debtors [ ] Debtor 1 [ ] Debtor 2~~			28896
~~8. OPTIONAL FILER REFERENCE DATA~~			28897
~~.................................................................~~			28898
~~.................................................................~~			28899

~~UCC FINANCING STATEMENT ADDENDUM~~	28900

~~Follow instructions (front and back) carefully.~~	28901

~~9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT~~			28902
~~9a. Organization's name .........................................~~			28903
or			28904
~~9b. Individual's last name ............. First name .............~~			28905
~~Middle name ........................... Suffix ..................~~			28906
~~10. MISCELLANEOUS~~			28907
~~..................................~~			28908
~~..................................~~			28909
~~..................................~~		~~The above space is for filing office use only.~~	28910
~~11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			28911
~~(Insert only one name [11a or 11b]. Do not abbreviate or combine~~			28912
~~names. If completing 11b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			28913
~~11a. Organization's name ........................................~~			28914
or			28915
~~11b. Individual's last name ............. First name ............~~			28916
~~Middle name ........................... Suffix ..................~~			28917
~~11c. Mailing address ............................................~~			28918
~~City .......... State ....... Postal code ...... Country ........~~			28919
		28920
~~Additional information regarding organization debtor~~			28921
~~11d. Type of organization .......................................~~			28922
~~11e. Jurisdiction of organization ...............................~~			28923
~~12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME~~			28924
~~(Insert only one name [12a or 12b].)~~			28925
~~12a. Organization's name ........................................~~			28926
or			28927
~~12b. Individual's last name ............. First name ............~~			28928
~~Middle name ........................... Suffix ..................~~			28929
~~12c. Mailing address ............................................~~			28930
~~City .......... State ....... Postal code ...... Country ........~~			28931
~~13. This FINANCING STATEMENT covers [ ] timber to be cut or~~			28932
~~[ ] as-extracted collateral, or is filed as a [ ] fixture filing.~~			28933
~~14. DESCRIPTION OF REAL ESTATE:~~			28934
~~.................................................................~~			28935
~~.................................................................~~			28936
~~.................................................................~~			28937
~~.................................................................~~			28938
~~15. Name and address of a RECORD OWNER of above-described real~~			28939
~~estate (if debtor does not have a record interest):~~			28940
~~.................................................................~~			28941
~~.................................................................~~			28942
~~.................................................................~~			28943
~~16. Additional collateral description:~~			28944
~~.................................................................~~			28945
~~.................................................................~~			28946
~~.................................................................~~			28947
~~.................................................................~~			28948
~~17. Check only if applicable and check only one box.~~			28949
~~Debtor is a [ ] Trust or [ ] Trustee acting with respect to~~			28950
~~property held in trust or [ ] Decedent's estate~~			28951
~~18. Check only if applicable and check only one box.~~			28952
~~[ ]~~	~~Debtor is a transmitting utility~~		28953
~~[ ]~~	~~Filed in connection with a manufactured-home transaction -~~		28954
	~~effective 30 years~~		28955
~~[ ]~~	~~Filed in connection with a public-finance transaction -~~		28956
	~~effective 30 years~~		28957

(B) A filing office that accepts written records may not	28958
refuse to accept a written record in the ~~following~~ form and format	28959
set forth as form UCC3 and form UCC3Ad in the final official text	28960
of the 2010 amendments to article 9 of the uniform commercial code	28961
promulgated by the American law institute and the national	28962
conference of commissioners on uniform state laws, except for a	28963
reason prescribed in division (B) of section 1309.516 of the	28964
Revised Code:.	28965

~~UCC FINANCING STATEMENT AMENDMENT~~	28966

~~Follow instructions (front and back) carefully.~~	28967

~~A. Name and phone of contact at filer (optional)~~		28968
~~................................................................~~		28969
~~B. Send acknowledgment to: (name and address)~~		28970
~~..................................~~		28971
~~..................................~~		28972
~~..................................~~	~~The above space is for filing office use only.~~	28973
~~1a. INITIAL FINANCING STATEMENT FILE NUMBER ....................~~		28974
~~1b. [ ] This financing statement amendment is to be filed [for~~		28975
~~record] (or recorded) in the real estate records.~~		28976
~~2. [ ] TERMINATION: Effectiveness of the financing statement identified above is terminated with respect to security interest(s) of the secured party authorizing this termination statement.~~		28977
3. [ ] CONTINUATION: Effectiveness of the financing statement identified above with respect to security interest(s) of the secured party authorizing this continuation statement is continued for the additional period provided by applicable law.		28978
~~4. [ ] ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.~~		28979
~~5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor~~		28980
~~or [ ] Secured Party of record. Check only one of these two boxes.~~		28981

~~Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.~~		28982
~~[ ]~~	~~CHANGE name and/or address. Give current record name in item 6a or 6b; also give new name (if name change) in item 7a or 7b and/or new address (if address change) in item 7c.~~	28983
~~[ ]~~	~~DELETE name. Give record name to be deleted in item 6a or 6b.~~	28984
~~[ ]~~	~~ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable).~~	28985

~~6. CURRENT RECORD INFORMATION:~~		28986
~~6a. Organization's name .........................................~~		28987
or		28988
~~6b. Individual's last name .................. First name ........~~		28989
~~Middle name ................................. Suffix ............~~		28990
~~7. CHANGED (NEW) OR ADDED INFORMATION:~~		28991
(If completing 7b and the amendment affects a debtor, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)		28992
~~7a. Organization's name .........................................~~		28993
or		28994
~~7b. Individual's last name .................. First name ........~~		28995
~~Middle name ................................. Suffix ............~~		28996
~~7c. Mailing address .............................................~~		28997
~~City ........ State ....... Postal code ....... Country .........~~		28998
		28999
~~Additional information regarding organization debtor~~		29000
~~7d. Type of organization ........................................~~		29001
~~7e. Jurisdiction of organization ................................~~		29002
~~8. AMENDMENT (COLLATERAL CHANGE). Check only one box.~~		29003
~~Describe collateral [ ] deleted or [ ] added, or give entire~~		29004
~~[ ] restated collateral description, or describe collateral~~		29005
~~[ ] assigned.~~		29006
~~.................................................................~~		29007
~~.................................................................~~		29008
~~.................................................................~~		29009
~~.................................................................~~		29010
~~9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT~~		29011
~~(name of assignor, if this is an assignment). If this is an~~		29012
~~amendment authorized by a debtor that adds collateral or adds~~		29013
~~the authorizing debtor, or if this is a termination authorized~~		29014
~~by a debtor, check here [ ] and enter name of debtor~~		29015
~~authorizing this amendment.~~		29016
~~9a. Organization's name .........................................~~		29017
or		29018
~~9b. Individual's last name ................ First name ..........~~		29019
~~Middle name ............................... Suffix ..............~~		29020
~~10. OPTIONAL FILER REFERENCE DATA~~		29021
~~.................................................................~~		29022

~~UCC FINANCING STATEMENT AMENDMENT ADDENDUM~~	29023

~~Follow instructions (front and back) carefully.~~	29024

~~11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a~~		29025
~~on amendment form) .............................................~~		29026
~~12. NAME OF PARTY AUTHORIZING~~		29027
~~THIS AMENDMENT (same as item 9~~		29028
~~on amendment form)~~		29029
~~12a. Organization's name~~		29030
~~.................................~~		29031
or		29032
~~12b. Individual's last name~~		29033
~~.................................~~		29034
~~First name ......................~~		29035
~~Middle name .......... Suffix ...~~	~~The above space is for filing office use only.~~	29036
~~13. Use this space for additional information.~~		29037
~~...................................................................~~		29038
~~...................................................................~~		29039
~~...................................................................~~		29040

~~...................................................................~~

29041

Sec. 1321.51. As used in sections 1321.51 to 1321.60 of the	29042
Revised Code:	29043

(A) "Person" means an individual, partnership, association,	29044
trust, corporation, or any other legal entity.	29045

(B) "Certificate" means a certificate of registration issued	29046
under sections 1321.51 to 1321.60 of the Revised Code.	29047

(C) "Registrant" means a person to whom one or more	29048
certificates of registration have been issued under sections	29049
1321.51 to 1321.60 of the Revised Code.	29050

(D) "Principal amount" means the amount of cash paid to, or	29051
paid or payable for the account of, the borrower, and includes any	29052
charge, fee, or expense that is financed by the borrower at	29053
origination of the loan or during the term of the loan.	29054

(E) "Interest" means all charges payable directly or	29055
indirectly by a borrower to a registrant as a condition to a loan	29056
or an application for a loan, however denominated, but does not	29057
include default charges, deferment charges, insurance charges or	29058
premiums, court costs, loan origination charges, check collection	29059
charges, credit line charges, points, prepayment penalties, or	29060
other fees and charges specifically authorized by law.	29061

(F) "Interest-bearing loan" means a loan in which the debt is	29062
expressed as the principal amount and interest is computed,	29063
charged, and collected on unpaid principal balances outstanding	29064
from time to time.	29065

(G) "Precomputed loan" means a loan in which the debt is a	29066
sum comprising the principal amount and the amount of interest	29067
computed in advance on the assumption that all scheduled payments	29068
will be made when due.	29069

(H) "Actuarial method" means the method of allocating	29070
payments made on a loan between the principal amount and interest	29071
whereby a payment is applied first to the accumulated interest and	29072
the remainder to the unpaid principal amount.	29073

(I) "Applicable charge" means the amount of interest	29074
attributable to each monthly installment period of the loan	29075
contract. The applicable charge is computed as if each installment	29076
period were one month and any charge for extending the first	29077
installment period beyond one month is ignored. In the case of	29078
loans originally scheduled to be repaid in sixty-one months or	29079
less, the applicable charge for any installment period is that	29080
proportion of the total interest contracted for, as the balance	29081
scheduled to be outstanding during that period bears to the sum of	29082
all of the periodic balances, all determined according to the	29083
payment schedule originally contracted for. In all other cases,	29084
the applicable charge for any installment period is that which	29085
would have been made for such period had the loan been made on an	29086
interest-bearing basis, based upon the assumption that all	29087
payments were made according to schedule.	29088

(J) "Broker" means a person who acts as an intermediary or	29089
agent in finding, arranging, or negotiating loans, other than	29090
residential mortgage loans, and charges or receives a fee for	29091
these services.	29092

(K) "Annual percentage rate" means the ratio of the interest	29093
on a loan to the unpaid principal balances on the loan for any	29094
period of time, expressed on an annual basis.	29095

(L) "Point" means a charge equal to one per cent of either of	29096
the following:	29097

(1) The principal amount of a precomputed loan or	29098
interest-bearing loan;	29099

(2) The original credit line of an open-end loan.

29100

(M) "Prepayment penalty" means a charge for prepayment of a	29101
loan at any time prior to five years from the date the loan	29102
contract is executed.	29103

(N) "Refinancing" means a loan the proceeds of which are used	29104
in whole or in part to pay the unpaid balance of a prior loan made	29105
by the same registrant to the same borrower under sections 1321.51	29106
to 1321.60 of the Revised Code.	29107

(O) "Superintendent of financial institutions" includes the	29108
deputy superintendent for consumer finance as provided in section	29109
1181.21 of the Revised Code.	29110

(P)(1) "Mortgage loan originator" means an individual who for	29111
compensation or gain, or in anticipation of compensation or gain,	29112
does any of the following:	29113

(a) Takes or offers to take a residential mortgage loan	29114
application;	29115

(b) Assists or offers to assist a borrower in obtaining or	29116
applying to obtain a residential mortgage loan by, among other	29117
things, advising on loan terms, including rates, fees, and other	29118
costs;	29119

(c) Offers or negotiates terms of a residential mortgage	29120
loan;	29121

(d) Issues or offers to issue a commitment for a residential	29122
mortgage loan to a borrower.	29123

(2) "Mortgage loan originator" does not include any of the	29124
following:	29125

(a) An individual who performs purely administrative or	29126
clerical tasks on behalf of a mortgage loan originator;	29127

(b) A person licensed pursuant to Chapter 4735. of the	29128
Revised Code, or under the similar law of another state, who	29129
performs only real estate brokerage activities permitted by that	29130
license, provided the person is not compensated by a mortgage	29131
lender, mortgage broker, mortgage loan originator, or by any agent	29132
thereof;	29133

(c) A person solely involved in extensions of credit relating	29134
to timeshare plans, as that term is defined in 11 U.S.C. 101, in	29135
effect on January 1, 2009;	29136

(d) A person acting solely as a loan processor or	29137
underwriter, who does not represent to the public, through	29138
advertising or other means of communicating, including the use of	29139
business cards, stationery, brochures, signs, rate lists, or other	29140
promotional items, that the person can or will perform any of the	29141
activities of a mortgage loan originator;	29142

(e) A loan originator licensed under sections 1322.01 to	29143
1322.12 of the Revised Code, when acting solely under that	29144
authority;	29145

(f) A licensed attorney who negotiates the terms of a	29146
residential mortgage loan on behalf of a client as an ancillary	29147
matter to the attorney's representation of the client, unless the	29148
attorney is compensated by a lender, a mortgage broker, or another	29149
mortgage loan originator, or by any agent thereof;	29150

(g) Any person engaged in the retail sale of manufactured	29151
homes, mobile homes, or industrialized units if, in connection	29152
with financing those retail sales, the person only assists the	29153
borrower by providing or transmitting the loan application and	29154
does not do any of the following:	29155

(i) Offer or negotiate the residential mortgage loan rates or	29156
terms;	29157

(ii) Provide any counseling with borrowers about residential	29158
mortgage loan rates or terms;	29159

(iii) Receive any payment or fee from any company or	29160
individual for assisting the borrower obtain or apply for	29161
financing to purchase the manufactured home, mobile home, or	29162
industrialized unit;	29163

(iv) Assist the borrower in completing the residential	29164
mortgage loan application.	29165

(3) An individual acting exclusively as a servicer engaging	29166
in loss mitigation efforts with respect to existing mortgage	29167
transactions shall not be considered a mortgage loan originator	29168
for purposes of sections 1321.51 to 1321.60 of the Revised Code	29169
until July 1, 2011, unless such delay is denied by the United	29170
States department of housing and urban development.	29171

(Q) "Residential mortgage loan" means any loan primarily for	29172
personal, family, or household use that is secured by a mortgage,	29173
deed of trust, or other equivalent consensual security interest on	29174
a dwelling or on residential real estate upon which is constructed	29175
or intended to be constructed a dwelling. For purposes of this	29176
division, "dwelling" has the same meaning as in the "Truth in	29177
Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	29178

(R) "Nationwide mortgage licensing system and registry" or	29179
"NMLS" means a mortgage licensing system developed and maintained	29180
by the conference of state bank supervisors and the American	29181
association of residential mortgage regulators, or their successor	29182
entities, for the licensing and registration of mortgage loan	29183
originators, or any system established by the secretary of housing	29184
and urban development pursuant to the "Secure and Fair Enforcement	29185
for Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C.	29186
5101.	29187

(S) "Registered mortgage loan originator" means an individual	29188
to whom both of the following apply:	29189

(1) The individual is a mortgage loan originator and an	29190
employee of a depository institution, a subsidiary that is owned	29191
and controlled by a depository institution and regulated by a	29192
federal banking agency, or an institution regulated by the farm	29193
credit administration.	29194

(2) The individual is registered with, and maintains a unique	29195
identifier through, the ~~nationwide mortgage licensing system and~~	29196
~~registry~~NMLS.	29197

(T) "Administrative or clerical tasks" means the receipt,	29198
collection, and distribution of information common for the	29199
processing or underwriting of a loan in the mortgage industry, and	29200
communication with a consumer to obtain information necessary for	29201
the processing or underwriting of a residential mortgage loan.	29202

(U) "Federal banking agency" means the board of governors of	29203
the federal reserve system, the comptroller of the currency, the	29204
director of the office of thrift supervision, the national credit	29205
union administration, and the federal deposit insurance	29206
corporation.	29207

(V) "Loan processor or underwriter" means an individual who	29208
performs clerical or support duties at the direction of and	29209
subject to the supervision and instruction of a licensed mortgage	29210
loan originator or registered mortgage loan originator. For	29211
purposes of this division, to "perform clerical or support duties"	29212
means to do all of the following activities:	29213

(1) Receiving, collecting, distributing, and analyzing	29214
information common for the processing or underwriting of a	29215
residential mortgage loan;	29216

(2) Communicating with a borrower to obtain the information	29217
necessary for the processing or underwriting of a loan, to the	29218
extent the communication does not include offering or negotiating	29219
loan rates or terms or counseling borrowers about residential	29220
mortgage loan rates or terms.	29221

(W) "Real estate brokerage activity" means any activity that	29222
involves offering or providing real estate brokerage services to	29223
the public, including all of the following:	29224

(1) Acting as a real estate agent or real estate broker for a	29225
buyer, seller, lessor, or lessee of real property;	29226

(2) Bringing together parties interested in the sale,	29227
purchase, lease, rental, or exchange of real property;	29228

(3) Negotiating, on behalf of any party, any portion of a	29229
contract relating to the sale, purchase, lease, rental, or	29230
exchange of real property, other than in connection with providing	29231
financing for any such transaction;	29232

(4) Engaging in any activity for which a person engaged in	29233
that activity is required to be registered or licensed as a real	29234
estate agent or real estate broker under any applicable law;	29235

(5) Offering to engage in any activity, or to act in any	29236
capacity, described in division (W) of this section.	29237

(X) "Licensee" means any person that has been issued a	29238
mortgage loan originator license under sections 1321.51 to 1321.60	29239
of the Revised Code.	29240

(Y) "Unique identifier" means a number or other identifier	29241
that permanently identifies a mortgage loan originator and is	29242
assigned by protocols established by the ~~nationwide mortgage~~	29243
~~licensing system and registry~~NMLS or federal banking agencies to	29244
facilitate electronic tracking of mortgage loan originators and	29245
uniform identification of, and public access to, the employment	29246
history of and the publicly adjudicated disciplinary and	29247
enforcement actions against mortgage loan originators.	29248

(Z) "State" in the context of referring to states in addition	29249
to Ohio means any state of the United States, the district of	29250
Columbia, any territory of the United States, Puerto Rico, Guam,	29251
American Samoa, the trust territory of the Pacific islands, the	29252
virgin islands, and the northern Mariana islands.	29253

(AA) "Depository institution" has the same meaning as in	29254
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	29255
U.S.C. 1813, and includes any credit union.	29256

(BB) "Bona fide third party" means a person that is not an	29257
employee of, related to, or affiliated with, the registrant, and	29258
that is not used for the purpose of circumvention or evasion of	29259
sections 1321.51 to 1321.60 of the Revised Code.	29260

(CC) "Nontraditional mortgage product" means any mortgage	29261
product other than a thirty-year fixed rate mortgage.	29262

(DD) "Employee" means an individual for whom a registrant or	29263
applicant, in addition to providing a wage or salary, pays social	29264
security and unemployment taxes, provides workers' compensation	29265
coverage, and withholds local, state, and federal income taxes.	29266
"Employee" also includes any individual who acts as a mortgage	29267
loan originator or operations manager of the registrant, but for	29268
whom the registrant is prevented by law from making income tax	29269
withholdings.	29270

(EE) "Primary point of contact" means the employee or owner	29271
designated by the registrant or applicant to be the individual who	29272
the division of financial institutions can contact regarding	29273
compliance or licensing matters relating to the registrant's or	29274
applicant's business or lending activities secured by an interest	29275
in real estate.	29276

(FF) "Consumer reporting agency" has the same meaning as in	29277
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a,	29278
as amended.	29279

(GG) "Mortgage broker" has the same meaning as in section	29280
1322.01 of the Revised Code.	29281

Sec. 1321.535. (A) Each applicant for a mortgage loan	29282
originator license shall submit to a written test that is	29283
developed and approved by the ~~nationwide mortgage licensing system~~	29284
~~and registry~~NMLS and administered by a test provider approved by	29285
the ~~nationwide mortgage licensing system and registry~~NMLS based	29286
upon reasonable standards.	29287

(1) The test shall adequately measure the applicant's	29288
knowledge and comprehension in appropriate subject matters,	29289
including ethics and federal and state law related to mortgage	29290
origination, fraud, consumer protection, the nontraditional	29291
mortgage marketplace, and fair lending issues.	29292

(2) An individual shall not be considered to have passed the	29293
test unless the individual achieves a test score of at least	29294
seventy-five per cent correct answers on all questions ~~and at~~	29295
~~least seventy-five per cent correct answers on all questions~~	29296
~~relating to Ohio mortgage lending laws and the Ohio consumer sales~~	29297
~~practices act, Chapter 1345. of the Revised Code, as it applies to~~	29298
~~registrants and licensees~~.	29299

(3) An individual may retake the test three consecutive times	29300
provided the period between taking the tests is at least thirty	29301
days.	29302

(4) After failing three consecutive tests, an individual	29303
shall be required to wait at least six months before taking the	29304
test again.	29305

(5) If a mortgage loan originator fails to maintain a valid	29306
license for a period of five years or longer, the individual shall	29307
be required to retake the test. For this purpose, any time during	29308
which the individual is a registered mortgage loan originator	29309
shall not be taken into account.	29310

(B) Notwithstanding division (A) of this section, if the	29311
~~nationwide mortgage licensing system and registry~~NMLS fails to	29312
have in place a testing process that meets the criteria set forth	29313
in that division, the superintendent shall require, until that	29314
process is in place, evidence that the mortgage loan originator	29315
applicant passed a written test acceptable to the superintendent.	29316

Sec. 1321.55. (A) Every registrant shall keep records	29317
pertaining to loans made under sections 1321.51 to 1321.60 of the	29318
Revised Code. Such records shall be segregated from records	29319
pertaining to transactions that are not subject to these sections	29320
of the Revised Code. Every registrant shall preserve records	29321
pertaining to loans made under sections 1321.51 to 1321.60 of the	29322
Revised Code for at least two years after making the final entry	29323
on such records. Accounting systems maintained in whole or in part	29324
by mechanical or electronic data processing methods that provide	29325
information equivalent to that otherwise required are acceptable	29326
for this purpose. At least once each eighteen-month cycle, the	29327
division of financial institutions shall make or cause to be made	29328
an examination of records pertaining to loans made under sections	29329
1321.51 to 1321.60 of the Revised Code, for the purpose of	29330
determining whether the registrant is complying with these	29331
sections and of verifying the registrant's annual report.	29332

(B)(1) As required by the superintendent of financial	29333
institutions, each registrant shall file with the division each	29334
year a report under oath or affirmation, on forms supplied by the	29335
division, concerning the business and operations for the preceding	29336
calendar year. Whenever a registrant operates two or more	29337
registered offices or whenever two or more affiliated registrants	29338
operate registered offices, then a composite report of the group	29339
of registered offices may be filed in lieu of individual reports.	29340

(2) The division shall publish annually an analysis of the	29341
information required under division (B)(1) of this section, but	29342
the individual reports shall not be public records and shall not	29343
be open to public inspection.	29344

(3) Each mortgage licensee shall submit to the ~~nationwide~~	29345
~~mortgage licensing system and registry~~NMLS call reports or other	29346
reports of condition, which shall be in such form and shall	29347
contain such information as the ~~nationwide mortgage licensing~~	29348
~~system and registry~~NMLS may require.	29349

(4) If the division obtains a call report from the NMLS, the	29350
call report is confidential and not a public record for the	29351
purposes of section 149.43 of the Revised Code.	29352

(C)(1) The following information is confidential:

29353

(a) Examination information, and any information leading to	29354
or arising from an examination;	29355

(b) Investigation information, and any information arising	29356
from or leading to an investigation.	29357

(2) The information described in division (C)(1) of this	29358
section shall remain confidential for all purposes except when it	29359
is necessary for the superintendent to take official action	29360
regarding the affairs of a registrant or licensee, or in	29361
connection with criminal or civil proceedings to be initiated by a	29362
prosecuting attorney or the attorney general. This information may	29363
also be introduced into evidence or disclosed when and in the	29364
manner authorized by section 1181.25 of the Revised Code.	29365

(D) All application information, except social security	29366
numbers, employer identification numbers, financial account	29367
numbers, the identity of the institution where financial accounts	29368
are maintained, personal financial information, fingerprint cards	29369
and the information contained on such cards, and criminal	29370
background information, is a public record as defined in section	29371
149.43 of the Revised Code.	29372

(E) This section does not prevent the division of financial	29373
institutions from releasing to or exchanging with other financial	29374
institution regulatory authorities information relating to	29375
registrants and licensees. For this purpose, a "financial	29376
institution regulatory authority" includes a regulator of a	29377
business activity in which a registrant or licensee is engaged, or	29378
has applied to engage in, to the extent that the regulator has	29379
jurisdiction over a registrant or licensee engaged in that	29380
business activity. A registrant or licensee is engaged in a	29381
business activity, and a regulator of that business activity has	29382
jurisdiction over the registrant or licensee, whether the	29383
registrant or licensee conducts the activity directly or a	29384
subsidiary or affiliate of the registrant or licensee conducts the	29385
activity.	29386

(1) Any confidentiality or privilege arising under federal or	29387
state law with respect to any information or material provided to	29388
the ~~nationwide mortgage licensing system and registry~~NMLS shall	29389
continue to apply to the information or material after the	29390
information or material has been provided to the ~~nationwide~~	29391
~~mortgage licensing system and registry~~NMLS. The information and	29392
material so provided may be shared with all state and federal	29393
regulatory officials with mortgage industry oversight authority	29394
without the loss of confidentiality or privilege protections	29395
provided by federal law or the law of any state. Information or	29396
material described in division (E)(1) of this section to which	29397
confidentiality or privilege applies shall not be subject to any	29398
of the following:	29399

(a) Disclosure under any federal or state law governing	29400
disclosure to the public of information held by an officer or an	29401
agency of the federal government or of the respective state;	29402

(b) Subpoena or discovery, or admission into evidence, in any	29403
private civil action or administrative process, unless the person	29404
to whom such information or material pertains waives, in whole or	29405
in part and at the discretion of the person, any privilege held by	29406
the ~~nationwide mortgage licensing system and registry~~NMLS with	29407
respect to that information or material.	29408

(2) The superintendent, in order to promote more effective	29409
regulation and reduce regulatory burden through supervisory	29410
information sharing, may enter into sharing arrangements with	29411
other governmental agencies, the conference of state bank	29412
supervisors, and the American association of residential mortgage	29413
regulators.	29414

(3) Any state law, including section 149.43 of the Revised	29415
Code, relating to the disclosure of confidential supervisory	29416
information or any information or material described in division	29417
(C)(1) or (E)(1) of this section that is inconsistent with this	29418
section shall be superseded by the requirements of this section.	29419

(F) This section shall not apply with respect to information	29420
or material relating to the employment history of, and publicly	29421
adjudicated disciplinary and enforcement actions against, mortgage	29422
loan originators that is included in the ~~nationwide mortgage~~	29423
~~licensing system and registry~~NMLS for access by the public.	29424

(G) This section does not prevent the division from releasing	29425
information relating to registrants and licensees to the attorney	29426
general, to the superintendent of real estate and professional	29427
licensing for purposes relating to the administration of Chapters	29428
4735. and 4763. of the Revised Code, to the superintendent of	29429
insurance for purposes relating to the administration of Chapter	29430
3953. of the Revised Code, to the commissioner of securities for	29431
purposes relating to the administration of Chapter 1707. of the	29432
Revised Code, or to local law enforcement agencies and local	29433
prosecutors. Information the division releases pursuant to this	29434
section remains confidential.	29435

(H) The superintendent of financial institutions shall, by	29436
rule adopted in accordance with Chapter 119. of the Revised Code,	29437
establish a process by which mortgage loan originators may	29438
challenge information provided to the ~~nationwide mortgage~~	29439
~~licensing system and registry~~NMLS by the superintendent.	29440

(I) No person, in connection with any examination or	29441
investigation conducted by the superintendent under sections	29442
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	29443
the following:	29444

(1) Circumvent, interfere with, obstruct, or fail to	29445
cooperate, including making a false or misleading statement,	29446
failing to produce records, or intimidating or suborning any	29447
witness;	29448

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	29449
any books, records, computer records, or other information;	29450

(3) Tamper with, alter, or manufacture any evidence.

29451

Sec. 1322.01. As used in sections 1322.01 to 1322.12 of the	29452
Revised Code:	29453

(A) "Buyer" means an individual who is solicited to purchase	29454
or who purchases the services of a mortgage broker for purposes of	29455
obtaining a residential mortgage loan.	29456

(B) "Consumer reporting agency" has the same meaning as in	29457
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	29458
as amended.	29459

(C) "Employee" means an individual for whom a mortgage	29460
broker, in addition to providing a wage or salary, pays social	29461
security and unemployment taxes, provides workers' compensation	29462
coverage, and withholds local, state, and federal income taxes.	29463
"Employee" also includes any individual who acts as a loan	29464
originator or operations manager of a registrant, but for whom the	29465
registrant is prevented by law from making income tax	29466
withholdings.	29467

(D) "Licensee" means any individual who has been issued a	29468
loan originator license under sections 1322.01 to 1322.12 of the	29469
Revised Code.	29470

(E)(1) "Loan originator" means an individual who for	29471
compensation or gain, or in anticipation of compensation or gain,	29472
does any of the following:	29473

(a) Takes or offers to take a residential mortgage loan	29474
application;	29475

(b) Assists or offers to assist a buyer in obtaining or	29476
applying to obtain a residential mortgage loan by, among other	29477
things, advising on loan terms, including rates, fees, and other	29478
costs;	29479

(c) Offers or negotiates terms of a residential mortgage	29480
loan;	29481

(d) Issues or offers to issue a commitment for a residential	29482
mortgage loan to a buyer.	29483

(2) "Loan originator" does not include any of the following:

29484

(a) An individual who performs purely administrative or	29485
clerical tasks on behalf of a loan originator;	29486

(b) A person licensed under Chapter 4735. of the Revised	29487
Code, or under the similar law of another state, who performs only	29488
real estate brokerage activities permitted by that license,	29489
provided the person is not compensated by a mortgage lender,	29490
mortgage broker, loan originator, or by any agent thereof;	29491

(c) A person solely involved in extensions of credit relating	29492
to timeshare plans, as that term is defined in 11 U.S.C. 101 in	29493
effect on January 1, 2009;	29494

(d) An employee of a registrant who acts solely as a loan	29495
processor or underwriter and who does not represent to the public,	29496
through advertising or other means of communicating, including the	29497
use of business cards, stationery, brochures, signs, rate lists,	29498
or other promotional items, that the employee can or will perform	29499
any of the activities of a loan originator;	29500

(e) A mortgage loan originator licensed under sections	29501
1321.51 to 1321.60 of the Revised Code, when acting solely under	29502
that authority;	29503

(f) A licensed attorney who negotiates the terms of a	29504
residential mortgage loan on behalf of a client as an ancillary	29505
matter to the attorney's representation of the client, unless the	29506
attorney is compensated by a lender, a mortgage broker, or another	29507
loan originator, or by any agent thereof;	29508

(g) Any person engaged in the retail sale of manufactured	29509
homes, mobile homes, or industrialized units if, in connection	29510
with financing those retail sales, the person only assists the	29511
borrower by providing or transmitting the loan application and	29512
does not do any of the following:	29513

(i) Offer or negotiate the residential mortgage loan rates or	29514
terms;	29515

(ii) Provide any counseling with borrowers about residential	29516
mortgage loan rates or terms;	29517

(iii) Receive any payment or fee from any company or	29518
individual for assisting the borrower obtain or apply for	29519
financing to purchase the manufactured home, mobile home, or	29520
industrialized unit;	29521

(iv) Assist the borrower in completing a residential mortgage	29522
loan application.	29523

(h) An individual employed by a nonprofit organization that	29524
is recognized as tax exempt under 26 U.S.C. 501(c)(3) and whose	29525
primary activity is the construction, remodeling, or	29526
rehabilitation of homes for use by low-income families, provided	29527
that the nonprofit organization makes no-profit mortgage loans or	29528
mortgage loans at zero per cent interest to low-income families	29529
and no fees accrue directly to the nonprofit organization or	29530
individual employed by the nonprofit organization from those	29531
mortgage loans and that the United States department of housing	29532
and urban development does not deny this exemption.	29533

(F) "Mortgage" means any indebtedness secured by a deed of	29534
trust, security deed, or other lien on real property.	29535

(G)(1) "Mortgage broker" means any of the following:

29536

(a) A person that holds that person out as being able to	29537
assist a buyer in obtaining a mortgage and charges or receives	29538
from either the buyer or lender money or other valuable	29539
consideration readily convertible into money for providing this	29540
assistance;	29541

(b) A person that solicits financial and mortgage information	29542
from the public, provides that information to a mortgage broker or	29543
a person that makes residential mortgage loans, and charges or	29544
receives from either of them money or other valuable consideration	29545
readily convertible into money for providing the information;	29546

(c) A person engaged in table-funding or warehouse-lending	29547
mortgage loans that are first lien residential mortgage loans.	29548

(2) "Mortgage broker" does not include any of the following	29549
persons only with respect to business engaged in or authorized by	29550
the person's charter, license, authority, approval, or	29551
certificate, or as otherwise authorized by division (G)(2)(h) of	29552
this section:	29553

(a) A person that makes residential mortgage loans and	29554
receives a scheduled payment on each of those mortgage loans;	29555

(b) Any entity chartered and lawfully doing business under	29556
the authority of any law of this state, another state, or the	29557
United States as a bank, savings bank, trust company, savings and	29558
loan association, or credit union, or a subsidiary of any such	29559
entity, which subsidiary is regulated by a federal banking agency	29560
and is owned and controlled by a depository institution;	29561

(c) A consumer reporting agency that is in substantial	29562
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	29563
U.S.C.A. 1681a, as amended;	29564

(d) Any political subdivision, or any governmental or other	29565
public entity, corporation, instrumentality, or agency, in or of	29566
the United States or any state;	29567

(e) A college or university, or controlled entity of a	29568
college or university, as those terms are defined in section	29569
1713.05 of the Revised Code;	29570

(f) Any entity created solely for the purpose of securitizing	29571
loans secured by an interest in real estate, provided the entity	29572
does not service the loans. For purposes of division (G)(2)(f) of	29573
this section, "securitizing" means the packaging and sale of	29574
mortgage loans as a unit for sale as investment securities, but	29575
only to the extent of those activities.	29576

(g) Any person engaged in the retail sale of manufactured	29577
homes, mobile homes, or industrialized units if, in connection	29578
with obtaining financing by others for those retail sales, the	29579
person only assists the borrower by providing or transmitting the	29580
loan application and does not do any of the following:	29581

(i) Offer or negotiate the residential mortgage loan rates or	29582
terms;	29583

(ii) Provide any counseling with borrowers about residential	29584
mortgage loan rates or terms;	29585

(iii) Receive any payment or fee from any company or	29586
individual for assisting the borrower obtain or apply for	29587
financing to purchase the manufactured home, mobile home, or	29588
industrialized unit;	29589

(iv) Assist the borrower in completing the residential	29590
mortgage loan application.	29591

(h) A mortgage banker, provided it complies with section	29592
1322.022 of the Revised Code and holds a valid letter of exemption	29593
issued by the superintendent. For purposes of this section,	29594
"mortgage banker" means any person that makes, services, buys, or	29595
sells residential mortgage loans secured by a first lien, that	29596
underwrites the loans, and that meets at least one of the	29597
following criteria:	29598

(i) The person has been directly approved by the United	29599
States department of housing and urban development as a	29600
nonsupervised mortgagee with participation in the direct	29601
endorsement program. Division (G)(2)(h)(i) of this section	29602
includes a person that has been directly approved by the United	29603
States department of housing and urban development as a	29604
nonsupervised mortgagee with participation in the direct	29605
endorsement program and that makes loans in excess of the	29606
applicable loan limit set by the federal national mortgage	29607
association, provided that the loans in all respects, except loan	29608
amounts, comply with the underwriting and documentation	29609
requirements of the United States department of housing and urban	29610
development. Division (G)(2)(h)(i) of this section does not	29611
include a mortgagee approved as a loan correspondent.	29612

(ii) The person has been directly approved by the federal	29613
national mortgage association as a seller/servicer. Division	29614
(G)(2)(h)(ii) of this section includes a person that has been	29615
directly approved by the federal national mortgage association as	29616
a seller/servicer and that makes loans in excess of the applicable	29617
loan limit set by the federal national mortgage association,	29618
provided that the loans in all respects, except loan amounts,	29619
comply with the underwriting and documentation requirements of the	29620
federal national mortgage association.	29621

(iii) The person has been directly approved by the federal	29622
home loan mortgage corporation as a seller/servicer. Division	29623
(G)(2)(h)(iii) of this section includes a person that has been	29624
directly approved by the federal home loan mortgage corporation as	29625
a seller/servicer and that makes loans in excess of the applicable	29626
loan limit set by the federal home loan mortgage corporation,	29627
provided that the loans in all respects, except loan amounts,	29628
comply with the underwriting and documentation requirements of the	29629
federal home loan mortgage corporation.	29630

(iv) The person has been directly approved by the United	29631
States department of veterans affairs as a nonsupervised automatic	29632
lender. Division (G)(2)(h)(iv) of this section does not include a	29633
person directly approved by the United States department of	29634
veterans affairs as a nonsupervised lender, an agent of a	29635
nonsupervised automatic lender, or an agent of a nonsupervised	29636
lender.	29637

(i) A nonprofit organization that is recognized as tax exempt	29638
under 26 U.S.C. 501(c)(3) and whose primary activity is the	29639
construction, remodeling, or rehabilitation of homes for use by	29640
low-income families, provided that the nonprofit organization	29641
makes no-profit mortgage loans or mortgage loans at zero per cent	29642
interest to low-income families and no fees accrue directly to the	29643
nonprofit organization from those mortgage loans and that the	29644
United States department of housing and urban development does not	29645
deny this exemption.	29646

(j) A credit union service organization, provided that the	29647
organization utilizes services provided by registered loan	29648
originators or that it holds a valid letter of exemption issued by	29649
the superintendent under section 1322.023 of the Revised Code and	29650
complies with that section.	29651

(H) "Operations manager" means the employee or owner	29652
responsible for the everyday operations, compliance requirements,	29653
and management of a mortgage broker business.	29654

(I) "Registered loan originator" means an individual to whom	29655
both of the following apply:	29656

(1) The individual is a loan originator and an employee of a	29657
depository institution, a subsidiary that is owned and controlled	29658
by a depository institution and regulated by a federal banking	29659
agency, or an institution regulated by the farm credit	29660
administration.	29661

(2) The individual is registered with, and maintains a unique	29662
identifier through, the ~~nationwide mortgage licensing system and~~	29663
~~registry~~NMLS.	29664

(J) "Registrant" means any person that has been issued a	29665
mortgage broker certificate of registration under sections 1322.01	29666
to 1322.12 of the Revised Code.	29667

(K) "Superintendent of financial institutions" includes the	29668
deputy superintendent for consumer finance as provided in section	29669
1181.21 of the Revised Code.	29670

(L) "Table-funding mortgage loan" means a residential	29671
mortgage loan transaction in which the residential mortgage loan	29672
is initially payable to the mortgage broker, the mortgage broker	29673
does not use the mortgage broker's own funds to fund the	29674
transaction, and, by the terms of the mortgage or other agreement,	29675
the mortgage is simultaneously assigned to another person.	29676

(M) "Warehouse-lending mortgage loan" means a residential	29677
mortgage loan transaction in which the residential mortgage loan	29678
is initially payable to the mortgage broker, the mortgage broker	29679
uses the mortgage broker's own funds to fund the transaction, and	29680
the mortgage is sold or assigned before the mortgage broker	29681
receives a scheduled payment on the residential mortgage loan.	29682

(N) "Administrative or clerical tasks" means the receipt,	29683
collection, and distribution of information common for the	29684
processing or underwriting of a loan in the mortgage industry, and	29685
communication with a consumer to obtain information necessary for	29686
the processing or underwriting of a residential mortgage loan.	29687

(O) "Appraisal company" means a sole proprietorship,	29688
partnership, corporation, limited liability company, or any other	29689
business entity or association, that employs or retains the	29690
services of a person licensed or certified under Chapter 4763. of	29691
the Revised Code for purposes of performing residential real	29692
estate appraisals for mortgage loans.	29693

(P) "Depository institution" has the same meaning as in	29694
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	29695
U.S.C. 1813, and includes any credit union.	29696

(Q) "Federal banking agency" means the board of governors of	29697
the federal reserve system, the comptroller of the currency, the	29698
director of the office of thrift supervision, the national credit	29699
union administration, and the federal deposit insurance	29700
corporation.	29701

(R) "Immediate family" means an individual's spouse, child,	29702
stepchild, parent, stepparent, grandparent, grandchild, brother,	29703
sister, parent-in-law, brother-in-law, or sister-in-law.	29704

(S) "Individual" means a natural person.

29705

(T) "Loan processor or underwriter" means an individual who	29706
performs clerical or support duties at the direction of and	29707
subject to the supervision and instruction of a licensed loan	29708
originator or registered loan originator. For purposes of this	29709
division, to "perform clerical or support duties" means to do all	29710
of the following activities:	29711

(1) Receiving, collecting, distributing, and analyzing	29712
information common for the processing or underwriting of a	29713
residential mortgage loan;	29714

(2) Communicating with a buyer to obtain the information	29715
necessary for the processing or underwriting of a loan, to the	29716
extent the communication does not include offering or negotiating	29717
loan rates or terms or counseling buyers about residential	29718
mortgage loan rates or terms.	29719

(U) "Nationwide mortgage licensing system and registry" or	29720
"NMLS" means a mortgage licensing system developed and maintained	29721
by the conference of state bank supervisors and the American	29722
association of residential mortgage regulators, or their successor	29723
entities, for the licensing and registration of loan originators,	29724
or any system established by the secretary of housing and urban	29725
development pursuant to the "Secure and Fair Enforcement for	29726
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	29727

(V) "Nontraditional mortgage product" means any mortgage	29728
product other than a thirty-year fixed rate mortgage.	29729

(W) "Real estate brokerage activity" means any activity that	29730
involves offering or providing real estate brokerage services to	29731
the public, including all of the following:	29732

(1) Acting as a real estate agent or real estate broker for a	29733
buyer, seller, lessor, or lessee of real property;	29734

(2) Bringing together parties interested in the sale,	29735
purchase, lease, rental, or exchange of real property, other than	29736
in connection with providing financing for any such transaction;	29737

(3) Negotiating, on behalf of any party, any portion of a	29738
contract relating to the sale, purchase, lease, rental, or	29739
exchange of real property, other than in connection with providing	29740
financing for any such transaction;	29741

(4) Engaging in any activity for which a person engaged in	29742
that activity is required to be registered or licensed as a real	29743
estate agent or real estate broker under any applicable law;	29744

(5) Offering to engage in any activity, or to act in any	29745
capacity, described in division (W) of this section.	29746

(X) "Residential mortgage loan" means any loan primarily for	29747
personal, family, or household use that is secured by a mortgage	29748
or other equivalent consensual security interest on a dwelling or	29749
on residential real estate upon which is constructed or intended	29750
to be constructed a dwelling. For purposes of this division,	29751
"dwelling" has the same meaning as in section 103 of the "Truth in	29752
Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	29753

(Y) "State," in the context of referring to states in	29754
addition to Ohio, means any state of the United States, the	29755
district of Columbia, any territory of the United States, Puerto	29756
Rico, Guam, American Samoa, the trust territory of the Pacific	29757
islands, the virgin islands, and the northern Mariana islands.	29758

(Z) "Unique identifier" means a number or other identifier	29759
that permanently identifies a loan originator and is assigned by	29760
protocols established by the ~~nationwide mortgage licensing system~~	29761
~~and registry~~NMLS or federal banking agencies to facilitate	29762
electronic tracking of loan originators and uniform identification	29763
of, and public access to, the employment history of and the	29764
publicly adjudicated disciplinary and enforcement actions against	29765
loan originators.	29766

Sec. 1322.051. (A) Each person designated under division	29767
(A)(3) of section 1322.03 of the Revised Code to act as operations	29768
manager for a mortgage broker business shall submit to a written	29769
test approved by the superintendent of financial institutions. An	29770
individual shall not be considered to have passed the written test	29771
unless the individual achieves a test score of at least	29772
seventy-five per cent correct answers to all questions.	29773

(B) Each applicant for a loan originator license shall submit	29774
to a written test that is developed and approved by the ~~nationwide~~	29775
~~mortgage licensing system and registry~~NMLS and administered by a	29776
test provider approved by the ~~nationwide mortgage licensing system~~	29777
~~and registry~~NMLS based on reasonable standards.	29778

(1) The test shall adequately measure the applicant's	29779
knowledge and comprehension in appropriate subject areas,	29780
including ethics, federal and state law related to mortgage	29781
origination, fraud, consumer protection, and the nontraditional	29782
mortgage marketplace, and fair lending issues.	29783

(2) An individual shall not be considered to have passed the	29784
written test unless the individual achieves a test score of at	29785
least seventy-five per cent correct answers on all questions ~~and~~	29786
~~at least seventy-five per cent correct answers on all questions~~	29787
~~relating to state mortgage lending laws and the Ohio consumer~~	29788
~~sales practices act, Chapter 1345. of the Revised Code, as it~~	29789
~~applies to registrants and licensees~~.	29790

(3) An individual may retake the test three consecutive times	29791
provided the period between taking the tests is at least thirty	29792
days. If an individual fails three consecutive tests, the	29793
individual shall be required to wait at least six months before	29794
taking the test again.	29795

(4) If a loan originator fails to maintain a valid loan	29796
originator license for a period of five years or longer, the	29797
individual shall be required to retake the test.	29798

For this purpose, any time during which the individual is a	29799
registered loan originator shall not be taken into account.	29800

(C) Notwithstanding division (B) of this section, until the	29801
~~nationwide mortgage licensing system and registry~~NMLS implements	29802
a testing process that meets the criteria set forth in that	29803
division, the superintendent shall require each applicant to pass	29804
a written test acceptable to the superintendent.	29805

Sec. 1327.46. As used in sections 1327.46 to 1327.61 of the	29806
Revised Code:	29807

(A) "Weights and measures" means all weights and measures of	29808
every kind, instruments and devices for weighing and measuring,	29809
and any appliances and accessories associated with any such	29810
instruments and devices, except that "weights and measures" shall	29811
not be construed to include meters for the measurement of	29812
electricity, gas, whether natural or manufactured, or water when	29813
the same are operated in a public utility system. Such	29814
electricity, gas, and water meters, and appliances or accessories	29815
associated therewith, are specifically excluded from the purview	29816
of the weights and measures laws.	29817

(B) "Intrastate commerce" means all commerce or trade that is	29818
begun, carried on, and completed wholly within the limits of this	29819
state, and "introduced into intrastate commerce" defines the time	29820
and place in which the first sale and delivery of a commodity is	29821
made within the state, the delivery being made either directly to	29822
the purchaser or to a common carrier for shipment to the	29823
purchaser.	29824

(C) "Package" means any commodity put up or packaged in any	29825
manner in advance of sale in units suitable for either wholesale	29826
or retail sale.	29827

(D) "Consumer package" means a package that is customarily	29828
produced or distributed for sale through a retail sales agency for	29829
consumption by an individual or use by an individual.	29830

(E) "Weight" as used in connection with any commodity means	29831
net weight.	29832

(F) "Correct" as used in connection with weights and measures	29833
means conformity with all applicable requirements of sections	29834
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	29835
to those sections.	29836

(G) "~~Primary~~Reference standards" means the physical	29837
standards of the state that serve as the legal reference from	29838
which all other standards and weights and measures are derived.	29839

(H) "~~Secondary~~Working standards" means the physical	29840
standards that are traceable to the ~~primary~~reference standards	29841
through comparisons, using acceptable laboratory procedures, and	29842
used in the enforcement of weights and measures laws and rules.	29843

(I) "Sale from bulk" means the sale of commodities when the	29844
quantity is determined at the time of sale.	29845

(J) "Net weight" means the weight of a commodity, excluding	29846
any materials, substances, or items not considered to be a part of	29847
the commodity. Materials, substances, or items not considered to	29848
be part of the commodity include, but are not limited to,	29849
containers, conveyances, bags, wrappers, packaging materials,	29850
labels, individual piece coverings, decorative accompaniments, and	29851
coupons.	29852

(K) "Random weight package" means a package that is one of a	29853
lot, shipment, or delivery of packages of the same commodity with	29854
no fixed pattern of weights.	29855

(L) "Sold" includes keeping, offering, or exposing for sale.

29856

(M) "Commercially used weighing and measuring device" means a	29857
device described in the national institute of standards and	29858
technology handbook 44 or its supplements and revisions and any	29859
other weighing and measuring device designated by rules adopted	29860
under division (C) of section 1327.50 of the Revised Code.	29861
"Commercially used weighing and measuring device" includes, but is	29862
not limited to, a livestock scale, vehicle scale, railway scale,	29863
vehicle tank meter, bulk rack meter, and LPG meter.	29864

(N) "Livestock scale" means a scale equipped with stock racks	29865
and gates that is adapted to weighing livestock standing on the	29866
scale platform.	29867

(O) "Vehicle scale" means a scale that is adapted to weighing	29868
highway, farm, or other large industrial vehicles other than	29869
railroad cars.	29870

(P) "Railway scale" means a rail scale that is designed to	29871
weigh railroad cars.	29872

(Q) "Vehicle tank meter" means a vehicle mounted device that	29873
is designed for the measurement and delivery of liquid products	29874
from a tank.	29875

(R) "Bulk rack meter" means a wholesale device, usually	29876
mounted on a rack, that is designed for the measurement and	29877
delivery of liquid products.	29878

(S) "LPG meter" means a system, including a mechanism or	29879
machine of the meter type, that is designed to measure and deliver	29880
liquefied petroleum gas in the liquid state by a definite quantity	29881
whether installed in a permanent location or mounted on a vehicle.	29882

(T) "Service person" means an individual who installs,	29883
services, repairs, reconditions, or places into service a	29884
commercially used weighing and measuring device for any type of	29885
compensation.	29886

Sec. 1327.48. Weights and measures that are traceable to the	29887
United States prototype standards supplied by the federal	29888
government, or approved as being satisfactory by the national	29889
institute of standards and technology, shall be the state ~~primary~~	29890
reference standards of weights and measures, and shall be	29891
maintained in such calibration as is prescribed by the national	29892
institute of standards and technology. All ~~secondary~~working	29893
standards may be prescribed by the director of agriculture and	29894
shall be verified upon their initial receipt, and as often as	29895
found necessary by the director.	29896

Sec. 1327.50. The director of agriculture shall:

29897

(A) Maintain traceability of the state standards to those of	29898
the ~~national institute of standards and technology~~international	29899
system of units;	29900

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

29901

(C) Issue reasonable rules for the uniform enforcement of	29902
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	29903
have the force and effect of law;	29904

(D) Establish standards of weight, measure, or count,	29905
reasonable standards of fill, and standards for the voluntary	29906
presentation of cost per unit information for any package;	29907

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	29908
the Revised Code, or any rules adopted under those sections, when	29909
appropriate to the maintenance of good commercial practices in the	29910
state;	29911

(F) Conduct investigations to ensure compliance with sections	29912
1327.46 to 1327.61 of the Revised Code;	29913

(G) Delegate to appropriate personnel any of these	29914
responsibilities for the proper administration of the director's	29915
office;	29916

(H) Test as often as is prescribed by rule the standards of	29917
weight and measure used by any municipal corporation or county	29918
within the state, and approve the same when found to be correct;	29919

(I) Inspect and test weights and measures that are sold;

29920

(J) Inspect and test to ascertain if they are correct,	29921
weights and measures commercially used either:	29922

(1) In determining the weight, measure, or count of	29923
commodities or things sold on the basis of weight, measure, or	29924
count;	29925

(2) In computing the basic charge or payment for goods or	29926
services rendered on the basis of weight, measure, or count.	29927

(K) Test all weights and measures used in checking the	29928
receipt or disbursement of supplies in every institution, for the	29929
maintenance of which funds are appropriated by the general	29930
assembly;	29931

(L) Approve for use, and may mark, such weights and measures	29932
as the director finds to be correct, and shall reject and mark as	29933
rejected such weights and measures as the director finds to be	29934
incorrect. Weights and measures that have been rejected may be	29935
seized if not corrected within the time specified or if used or	29936
disposed of in a manner not specifically authorized, and may be	29937
condemned and seized if found to be incorrect and not capable of	29938
being made correct.	29939

(M) Weigh, measure, or inspect packaged commodities that are	29940
sold or in the process of delivery to determine whether they	29941
contain the amounts represented and whether they are sold in	29942
accordance with sections 1327.46 to 1327.61 of the Revised Code or	29943
rules adopted under those sections. In carrying out this section,	29944
the director shall employ recognized sampling procedures, such as	29945
those designated in the national institute of standards and	29946
technology handbook 133 "checking the net contents of packaged	29947
goods."	29948

(N) Prescribe by rule the appropriate term or unit of weight	29949
or measure to be used, whenever the director determines in the	29950
case of a specific commodity that an existing practice of	29951
declaring the quantity by weight, measure, numerical count, or	29952
combination thereof, does not facilitate value comparisons by	29953
consumers, or offers an opportunity for consumer confusion;	29954

(O) Allow reasonable variations from the stated quantity of	29955
contents, which shall include those caused by unavoidable	29956
deviations in good manufacturing practice and by loss or gain of	29957
moisture during the course of good distribution practice, only	29958
after the commodity has entered intrastate commerce;	29959

(P) Provide for the weights and measures training of	29960
inspector personnel and establish minimum training requirements,	29961
which shall be met by all inspector personnel, whether county,	29962
municipal, or state;	29963

(Q) Prescribe the methods of tests and inspections to be	29964
employed in the enforcement of sections 1327.46 to 1327.61 of the	29965
Revised Code. The director may prescribe the official test and	29966
inspection forms to be used.	29967

(R) Provide by rule for ~~voluntary~~ registration with the	29968
director of ~~private~~service persons who are employed by	29969
commercially used weighing and measuring device servicing	29970
agencies~~, and personnel~~;	29971

(S) In conjunction with the national institute of standards	29972
and technology, operate a type evaluation program for	29973
certification of weighing and measuring devices as part of the	29974
national type evaluation program. The director shall establish a	29975
schedule of fees for services rendered by the department of	29976
agriculture for type evaluation services. The director may require	29977
any weighing or measuring instrument or device to be traceable to	29978
a national type evaluation program certificate of conformance	29979
prior to use for commercial or law enforcement purposes.	29980

(T) Verify advertised prices, price representations, and	29981
point-of-sale systems, as necessary, to determine both the	29982
accuracy of prices and computations and the correct use of the	29983
equipment and the accuracy of prices printed or recalled from a	29984
database if a system utilizes scanning or coding in lieu of manual	29985
entry. In order to implement this division, the director shall do	29986
all of the following:	29987

(1) Employ recognized procedures such as those designated in	29988
the national institute of standards and technology handbook 130,	29989
uniform laws and regulations, "examination procedures for price	29990
verification";	29991

(2) Adopt rules establishing requirements governing the	29992
accuracy of advertised prices and point-of-sale systems and	29993
establishing requirements and procedures for the enforcement of	29994
this division;	29995

(3) Conduct necessary inspections.

29996

Sec. 1327.501. (A) No person shall operate in this state a	29997
commercially used weighing and measuring device that provides the	29998
~~final~~ quantity ~~and final~~or cost of a final transaction and for	29999
which a fee is established in division (G) of this section unless	30000
the operator of the device obtains a permit issued by the director	30001
of agriculture or the director's designee.	30002

(B) An application for a permit shall be submitted to the	30003
director on a form that the director prescribes and provides. The	30004
applicant shall include with the application any information that	30005
is specified on the application form as well as the application	30006
fee established in this section.	30007

(C) Upon receipt of a completed application and the required	30008
fee from an applicant, the director or the director's designee	30009
shall issue or deny the permit to operate the commercially used	30010
weighing and measuring device that was the subject of the	30011
application.	30012

(D) A permit issued under this section expires on the	30013
thirtieth day of June of the year following its issuance and may	30014
be renewed annually on or before the first day of July of that	30015
year upon payment of a permit renewal fee established in this	30016
section.	30017

(E) If a permit renewal fee is more than sixty days past due,	30018
the director may assess a late penalty in an amount established	30019
under this section.	30020

(F) The director shall do both of the following:

30021

(1) Establish procedures and requirements governing the	30022
issuance or denial of permits under this section;	30023

(2) Establish late penalties to be assessed for the late	30024
payment of a permit renewal fee and fees for the replacement of	30025
lost or destroyed permits.	30026

(G) An applicant for a permit to operate under this section	30027
shall pay an application fee in the following applicable amount:	30028

(1) Seventy-five dollars for a livestock scale;

30029

(2) Seventy-five dollars for a vehicle scale;

30030

(3) Seventy-five dollars for a railway scale;

30031

(4) Seventy-five dollars for a vehicle tank meter;

30032

(5) Seventy-five dollars for a bulk rack meter;

30033

(6) Seventy-five dollars for aan LPG meter.

30034

A person who is issued a permit under this section and who	30035
seeks to renew that permit shall pay an annual permit renewal fee.	30036
The amount of a permit renewal fee shall be equal to the	30037
application fee for that permit established in this division.	30038

(H) All money collected through the payment of fees and the	30039
imposition of penalties under this section shall be credited to	30040
the metrology and scale certification and device permitting fund	30041
created in section 1327.511 of the Revised Code.	30042

Sec. 1327.502. A service person who is employed by a	30043
commercially used weighing and measuring device servicing agency	30044
shall register with the director of agriculture in accordance with	30045
rules adopted under section 1327.50 of the Revised Code.	30046

Sec. 1327.61. No person shall do any of the following:

30047

(A) Use or have in possession for use in commerce any	30048
incorrect weight or measure;	30049

(B) Wrap, package, label, or advertise any product or service	30050
contrary to this chapter, or any rules adopted under it, or sell,	30051
offer, hold, or expose for sale any service or product wrapped,	30052
packaged, labeled, or offered for sale contrary to this chapter or	30053
any rules adopted under it, or misrepresent the quantity or price	30054
or service contrary to this chapter, or any rules adopted under	30055
it;	30056

(C) Remove any tag, seal, or mark from any weight or measure	30057
without specific written authorization from the proper authority;	30058

(D) Install for use, repair, service, or place into service a	30059
commercially used weighing and measuring device unless the	30060
installation, repair, service, or placement is performed by one of	30061
the following:	30062

(1) A department of agriculture division of weights and	30063
measures inspector;	30064

(2) A service person registered with the department;

30065

(3) A county or municipal weights and measures inspector.

30066

(E) Hinder or obstruct any weights and measures official in	30067
the performance of ~~his~~official duties;	30068

~~(E)~~(F) Sell or offer for use in commerce any incorrect weight	30069
or measure.	30070

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	30071
or division (A), (B), (C), or ~~(D)~~(E) of section 1327.61 of the	30072
Revised Code or a rule adopted under sections 1327.46 to 1327.61	30073
of the Revised Code is guilty of a misdemeanor of the second	30074
degree on a first offense; on each subsequent offense within seven	30075
years after the first offense, ~~such~~the person is guilty of a	30076
misdemeanor of the first degree.	30077

Sec. 1332.26. (A) No political subdivision shall require a	30078
video service provider to obtain from it any authority to provide	30079
video service within its boundaries.	30080

(B) Except as authorized under division (C) of this section	30081
and under sections 1332.30 and 1332.32 of the Revised Code, no	30082
political subdivision shall request anything of value from a video	30083
service provider for providing video service; impose any fee,	30084
license, or gross receipt tax on the provision of video service by	30085
such a provider; or impose any franchise or other requirement on	30086
the provision of video service by a video service provider,	30087
including, but not limited to, any provision regulating rates	30088
charged by a video service provider or establishing any build-out	30089
requirement or requirement to deploy any facility or equipment.	30090

(C) When requested to do so, a video service provider shall	30091
assist a municipal corporation or township in addressing video	30092
service subscriber complaints, in a manner consistent with the	30093
provider's complaint handling process set forth in its application	30094
pursuant to division (A)(7) of section 1332.24 of the Revised	30095
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	30096
affects any authority granted under sections 1345.01 to 1345.13 of	30097
the Revised Code.	30098

(D) A video service provider shall meet all of the following	30099
customer service standards:	30100

(1) The provider shall restore video service within	30101
seventy-two hours after a subscriber reports a service	30102
interruption or other problem if the cause was not a natural	30103
disaster.	30104

(2) Upon a report by a subscriber of a service interruption	30105
and if the interruption is caused by the video service provider	30106
and lasts for more than fours hours in a given day, the provider	30107
shall give the subscriber a credit in the amount of the cost of	30108
each such day's video service as would be billed to the	30109
subscriber.	30110

(3) Upon a report by a subscriber of a service interruption	30111
and if the interruption is not caused by the video service	30112
provider and lasts for more than twenty-four consecutive hours,	30113
the provider shall give the subscriber, for each hour of service	30114
interruption, a credit in the amount of the cost of per hour video	30115
service as would be billed to the subscriber.	30116

(4) The provider shall give a subscriber at least thirty	30117
days' advance, written notice before removing a channel from the	30118
provider's video service, but no such notice is required if the	30119
provider must remove the channel because of circumstances beyond	30120
its control.	30121

(5) The provider shall give a subscriber at least ten days'	30122
advance, written notice of a disconnection of all or part of the	30123
subscriber's video service, except if ~~the disconnection~~any of the	30124
following apply:	30125

(a) Disconnection has been requested by the subscriber,.

30126

(b) Disconnection is necessary to prevent theft of video	30127
service~~, or~~.	30128

(c) Disconnection is necessary to prevent the use of video	30129
service through fraud.	30130

(d) Disconnection is necessary to reduce or prevent signal	30131
leakage as described in 47 C.F.R. 76.611.	30132

(6) The provider shall not establish a due date earlier than	30133
fourteen days after a video service bill is issued.	30134

(7) The provider shall not disconnect all or part of a	30135
subscriber's video service for failure of the subscriber to pay	30136
any amount of its video service bill, until the ~~bill~~amount is at	30137
least ~~forty-five~~fourteen days past due.	30138

~~(7)~~(8) The provider shall give a subscriber at least thirty	30139
days' advance, written notice before instituting an increase in	30140
video service rates.	30141

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	30142
Revised Code:	30143

(A) "Adult" means a person who is eighteen years of age or	30144
older.	30145

(B) "Attending physician" means the physician to whom a	30146
principal or the family of a principal has assigned primary	30147
responsibility for the treatment or care of the principal or, if	30148
the responsibility has not been assigned, the physician who has	30149
accepted that responsibility.	30150

30151

(1) Nutrition when administered to diminish the pain or	30152
discomfort of a principal, but not to postpone death;	30153

(2) Hydration when administered to diminish the pain or	30154
discomfort of a principal, but not to postpone death;	30155

(3) Any other medical or nursing procedure, treatment,	30156
intervention, or other measure that is taken to diminish the pain	30157
or discomfort of a principal, but not to postpone death.	30158

(D) "Consulting physician" means a physician who, in	30159
conjunction with the attending physician of a principal, makes one	30160
or more determinations that are required to be made by the	30161
attending physician, or to be made by the attending physician and	30162
one other physician, by an applicable provision of sections	30163
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	30164
medical certainty and in accordance with reasonable medical	30165
standards.	30166

(E) "Declaration for mental health treatment" has the same	30167
meaning as in section 2135.01 of the Revised Code.	30168

(F) "Guardian" means a person appointed by a probate court	30169
pursuant to Chapter 2111. of the Revised Code to have the care and	30170
management of the person of an incompetent.	30171

(G) "Health care" means any care, treatment, service, or	30172
procedure to maintain, diagnose, or treat an individual's physical	30173
or mental condition or physical or mental health.	30174

(H) "Health care decision" means informed consent, refusal to	30175
give informed consent, or withdrawal of informed consent to health	30176
care.	30177

(I) "Health care facility" means any of the following:

30178

(1) A hospital;

30179

(2) A hospice care program, pediatric respite care program,	30180
or other institution that specializes in comfort care of patients	30181
in a terminal condition or in a permanently unconscious state;	30182

(3) A nursing home;

30183

(4) A home health agency;

30184

(5) An intermediate care facility for ~~the mentally retarded~~	30185
individuals with intellectual disabilities;	30186

(6) A regulated community mental health organization.

30187

(J) "Health care personnel" means physicians, nurses,	30188
physician assistants, emergency medical technicians-basic,	30189
emergency medical technicians-intermediate, emergency medical	30190
technicians-paramedic, medical technicians, dietitians, other	30191
authorized persons acting under the direction of an attending	30192
physician, and administrators of health care facilities.	30193

(K) "Home health agency" has the same meaning as in section	30194
3701.881 of the Revised Code.	30195

(L) "Hospice care program" and "pediatric respite care	30196
program" have the same meanings as in section 3712.01 of the	30197
Revised Code.	30198

(M) "Hospital" has the same meanings as in sections 3701.01,	30199
3727.01, and 5122.01 of the Revised Code.	30200

(N) "Hydration" means fluids that are artificially or	30201
technologically administered.	30202

(O) "Incompetent" has the same meaning as in section 2111.01	30203
of the Revised Code.	30204

(P) "Intermediate care facility for ~~the mentally retarded~~	30205
individuals with intellectual disabilities" has the same meaning	30206
as in section ~~5111.20~~5124.01 of the Revised Code.	30207

(Q) "Life-sustaining treatment" means any medical procedure,	30208
treatment, intervention, or other measure that, when administered	30209
to a principal, will serve principally to prolong the process of	30210
dying.	30211

(R) "Medical claim" has the same meaning as in section	30212
2305.113 of the Revised Code.	30213

(S) "Mental health treatment" has the same meaning as in	30214
section 2135.01 of the Revised Code.	30215

(T) "Nursing home" has the same meaning as in section 3721.01	30216
of the Revised Code.	30217

(U) "Nutrition" means sustenance that is artificially or	30218
technologically administered.	30219

(V) "Permanently unconscious state" means a state of	30220
permanent unconsciousness in a principal that, to a reasonable	30221
degree of medical certainty as determined in accordance with	30222
reasonable medical standards by the principal's attending	30223
physician and one other physician who has examined the principal,	30224
is characterized by both of the following:	30225

(1) Irreversible unawareness of one's being and environment.

30226

(2) Total loss of cerebral cortical functioning, resulting in	30227
the principal having no capacity to experience pain or suffering.	30228

(W) "Person" has the same meaning as in section 1.59 of the	30229
Revised Code and additionally includes political subdivisions and	30230
governmental agencies, boards, commissions, departments,	30231
institutions, offices, and other instrumentalities.	30232

(X) "Physician" means a person who is authorized under	30233
Chapter 4731. of the Revised Code to practice medicine and surgery	30234
or osteopathic medicine and surgery.	30235

(Y) "Political subdivision" and "state" have the same	30236
meanings as in section 2744.01 of the Revised Code.	30237

(Z) "Professional disciplinary action" means action taken by	30238
the board or other entity that regulates the professional conduct	30239
of health care personnel, including the state medical board and	30240
the board of nursing.	30241

(AA) "Regulated community mental health organization" means a	30242
residential facility as defined and licensed under section ~~5119.22~~	30243
5119.34 of the Revised Code or a community mental health ~~agency~~	30244
services provider as defined in section 5122.01 of the Revised	30245
Code.	30246

(BB) "Terminal condition" means an irreversible, incurable,	30247
and untreatable condition caused by disease, illness, or injury	30248
from which, to a reasonable degree of medical certainty as	30249
determined in accordance with reasonable medical standards by a	30250
principal's attending physician and one other physician who has	30251
examined the principal, both of the following apply:	30252

(1) There can be no recovery.

30253

(2) Death is likely to occur within a relatively short time	30254
if life-sustaining treatment is not administered.	30255

(CC) "Tort action" means a civil action for damages for	30256
injury, death, or loss to person or property, other than a civil	30257
action for damages for a breach of contract or another agreement	30258
between persons.	30259

Sec. 1347.08. (A) Every state or local agency that maintains	30260
a personal information system, upon the request and the proper	30261
identification of any person who is the subject of personal	30262
information in the system, shall:	30263

(1) Inform the person of the existence of any personal	30264
information in the system of which the person is the subject;	30265

(2) Except as provided in divisions (C) and (E)(2) of this	30266
section, permit the person, the person's legal guardian, or an	30267
attorney who presents a signed written authorization made by the	30268
person, to inspect all personal information in the system of which	30269
the person is the subject;	30270

(3) Inform the person about the types of uses made of the	30271
personal information, including the identity of any users usually	30272
granted access to the system.	30273

(B) Any person who wishes to exercise a right provided by	30274
this section may be accompanied by another individual of the	30275
person's choice.	30276

(C)(1) A state or local agency, upon request, shall disclose	30277
medical, psychiatric, or psychological information to a person who	30278
is the subject of the information or to the person's legal	30279
guardian, unless a physician, psychiatrist, or psychologist	30280
determines for the agency that the disclosure of the information	30281
is likely to have an adverse effect on the person, in which case	30282
the information shall be released to a physician, psychiatrist, or	30283
psychologist who is designated by the person or by the person's	30284
legal guardian.	30285

(2) Upon the signed written request of either a licensed	30286
attorney at law or a licensed physician designated by the inmate,	30287
together with the signed written request of an inmate of a	30288
correctional institution under the administration of the	30289
department of rehabilitation and correction, the department shall	30290
disclose medical information to the designated attorney or	30291
physician as provided in division (C) of section 5120.21 of the	30292
Revised Code.	30293

(D) If an individual who is authorized to inspect personal	30294
information that is maintained in a personal information system	30295
requests the state or local agency that maintains the system to	30296
provide a copy of any personal information that the individual is	30297
authorized to inspect, the agency shall provide a copy of the	30298
personal information to the individual. Each state and local	30299
agency may establish reasonable fees for the service of copying,	30300
upon request, personal information that is maintained by the	30301
agency.	30302

(E)(1) This section regulates access to personal information	30303
that is maintained in a personal information system by persons who	30304
are the subject of the information, but does not limit the	30305
authority of any person, including a person who is the subject of	30306
personal information maintained in a personal information system,	30307
to inspect or have copied, pursuant to section 149.43 of the	30308
Revised Code, a public record as defined in that section.	30309

(2) This section does not provide a person who is the subject	30310
of personal information maintained in a personal information	30311
system, the person's legal guardian, or an attorney authorized by	30312
the person, with a right to inspect or have copied, or require an	30313
agency that maintains a personal information system to permit the	30314
inspection of or to copy, a confidential law enforcement	30315
investigatory record or trial preparation record, as defined in	30316
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	30317

(F) This section does not apply to any of the following:

30318

(1) The contents of an adoption file maintained by the	30319
department of health under section 3705.12 of the Revised Code;	30320

(2) Information contained in the putative father registry	30321
established by section 3107.062 of the Revised Code, regardless of	30322
whether the information is held by the department of job and	30323
family services or, pursuant to section 3111.69 of the Revised	30324
Code, the office of child support in the department or a child	30325
support enforcement agency;	30326

(3) Papers, records, and books that pertain to an adoption	30327
and that are subject to inspection in accordance with section	30328
3107.17 of the Revised Code;	30329

(4) Records listed in division (A) of section 3107.42 of the	30330
Revised Code or specified in division (A) of section 3107.52 of	30331
the Revised Code;	30332

(5) Records that identify an individual described in division	30333
(A)(1) of section 3721.031 of the Revised Code, or that would tend	30334
to identify such an individual;	30335

(6) Files and records that have been expunged under division	30336
(D)(1) or (2) of section 3721.23 of the Revised Code;	30337

(7) Records that identify an individual described in division	30338
(A)(1) of section 3721.25 of the Revised Code, or that would tend	30339
to identify such an individual;	30340

(8) Records that identify an individual described in division	30341
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	30342
would tend to identify such an individual;	30343

(9) Test materials, examinations, or evaluation tools used in	30344
an examination for licensure as a nursing home administrator that	30345
the board of ~~examiners~~executives of ~~nursing home administrators~~	30346
long-term services and supports administers under section 4751.04	30347
of the Revised Code or contracts under that section with a private	30348
or government entity to administer;	30349

(10) Information contained in a database established and	30350
maintained pursuant to section 5101.13 of the Revised Code.	30351

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	30352
(C), and (D) of this section, the Ohio facilities construction	30353
commission shall supervise the design and construction of, and	30354
make contracts for the construction, reconstruction, improvement,	30355
enlargement, alteration, repair, or decoration of, any projects or	30356
improvements for the department of natural resources ~~has the~~	30357
~~following powers in addition to its other powers: to prepare, or~~	30358
~~contract to be prepared, surveys, general and detailed plans,~~	30359
~~specifications, bills of materials, and estimates of cost for, to~~	30360
~~enter into contracts for, and to supervise the performance of~~	30361
~~labor, the furnishing of materials, or the construction, repair,~~	30362
~~or maintenance of any projects, improvements, or buildings, on~~	30363
~~lands and waters under the control of the department, as~~that may	30364
be authorized by legislative appropriations or any other funds	30365
available therefor, the estimated cost of which amounts to two	30366
hundred thousand dollars or more or the amount determined pursuant	30367
to section 153.53 of the Revised Code or more.	30368

(B) ~~Except as provided in division (E) of this section, the~~	30369
~~director of natural resources shall publish notice in a newspaper~~	30370
~~of general circulation in the region where the activity for which~~	30371
~~bids are submitted is to occur and in any other newspapers that~~	30372
~~the director determines are appropriate, at least once each week~~	30373
~~for four consecutive weeks, the last publication to be at least~~	30374
~~eight days preceding the day for opening bids, seeking proposals~~	30375
~~on each contract for the performance of labor, the furnishing of~~	30376
~~materials, or the construction, repair, or maintenance of~~	30377
~~projects, improvements, or buildings, as necessary for compliance~~	30378
~~with provisions of the act to make appropriations for capital~~	30379
~~improvements or the act to make general appropriations, and the~~	30380
~~director may also advertise in such trade journals as will afford~~	30381
~~adequate information to the public of the terms of the contract~~	30382
~~and the nature of the work to be performed, together with the time~~	30383
~~of the letting and place and manner of receiving proposals, and~~	30384
~~the places where plans and specifications are on file. A proposal~~	30385
~~is invalid and shall not be considered by the department unless~~	30386
~~the form for proposals specified by the department is used without~~	30387
~~change, alteration, or addition~~The department of natural	30388
resources shall administer the construction of improvements under	30389
an agreement with the supervisors of a soil and water conservation	30390
district pursuant to division (I) of section 1515.08 of the	30391
Revised Code.	30392

(C) ~~Each bidder for a contract for the performance of labor,~~	30393
~~the furnishing of materials, or the maintenance, construction,~~	30394
~~demolition, alteration, repair, or reconstruction of an~~	30395
~~improvement shall meet the requirements of section 153.54 of the~~	30396
~~Revised Code. The director may require each bidder to furnish~~	30397
~~under oath, upon such printed forms as the director may prescribe,~~	30398
~~detailed information with respect to the bidder's financial~~	30399
~~resources, equipment, past performance record, organization~~	30400
~~personnel, and experience, together with such other information as~~	30401
~~the director considers necessary.~~	30402

~~(D) The director shall award the contract to the lowest~~	30403
~~responsive and responsible bidder in accordance with section 9.312~~	30404
~~of the Revised Code. The award shall be made within a reasonable~~	30405
~~time after the date on which the bids were opened, and the~~	30406
~~successful bidder shall enter into a contract within ten days from~~	30407
~~the date the successful bidder is notified that the contract has~~	30408
~~been awarded, or within any longer period that the director~~	30409
~~considers necessary. Nothing in this section shall preclude the~~	30410
~~rejection of any bid the acceptance of which is not in the best~~	30411
~~interests of the state. No contract shall be entered into until~~	30412
~~the bureau of workers' compensation has certified that the~~	30413
~~corporation, partnership, or person awarded the contract has~~	30414
~~complied with Chapter 4123. of the Revised Code and until, if the~~	30415
~~bidder awarded the contract is a foreign corporation, the~~	30416
~~secretary of state has certified that the corporation is~~	30417
~~authorized to do business in this state, and until, if the bidder~~	30418
~~so awarded the contract is a person or partnership nonresident of~~	30419
~~this state, the person or partnership has filed with the secretary~~	30420
~~of state a power of attorney designating the secretary of state as~~	30421
~~its agency for the purpose of accepting service of process.~~	30422

~~(E) With respect to the director's entering into a contract~~	30423
~~for the performance of labor, the furnishing of materials, or the~~	30424
~~construction, repair, or maintenance of any projects,~~	30425
~~improvements, or buildings on lands and waters under the control~~	30426
~~of the department, both of the following apply:~~	30427

~~(1) The director is not required to advertise for and receive~~	30428
~~bids if the total estimated cost of the contract is less than~~	30429
~~twenty-five thousand dollars.~~	30430

~~(2) The director is not required to advertise for bids,~~	30431
~~regardless of the cost of the contract, if the~~(1) The department	30432
of natural resources shall supervise the design and construction	30433
of, and make contracts for the construction, reconstruction,	30434
improvement, enlargement, alteration, repair, or decoration of,	30435
any of the following activities, projects, or improvements:	30436

(a) Dam repairs administered by the division of engineering	30437
under Chapter 1507. of the Revised Code;	30438

(b) Projects or improvements administered by the division of	30439
watercraft and funded through the waterways safety fund	30440
established in section 1547.75 of the Revised Code;	30441

(c) Projects or improvements administered by the division of	30442
wildlife under Chapter 1531. or 1533. of the Revised Code;	30443

(d) Activities conducted by the department pursuant to	30444
section 5511.05 of the Revised Code in order to maintain the	30445
department's roadway inventory.	30446

(2) If a contract to be let under division (C)(1) of this	30447
section involves an exigency that concerns the public health,	30448
safety, or welfare or addresses an emergency situation in which	30449
timeliness is crucial in preventing the cost of the contract from	30450
increasing significantly~~. Regarding such a contract, the director~~	30451
~~may solicit bids by sending a letter to a minimum of three~~	30452
~~contractors in the region where the contract is to be let or by~~	30453
~~any other means that the director considers appropriate.~~	30454

~~(F) The director may insert in any contract awarded under~~	30455
~~this section a clause providing for value engineering change~~	30456
~~proposals, under which a contractor who has been awarded a~~	30457
~~contract may propose a change in the plans and specifications of~~	30458
~~the project that saves the department time or money on the project~~	30459
~~without impairing any of the essential functions and~~	30460
~~characteristics of the project such as service life, reliability,~~	30461
~~economy of operation, ease of maintenance, safety, and necessary~~	30462
~~standardized features. If the director adopts the value~~	30463
~~engineering proposal, the savings from the proposal shall be~~	30464
~~divided between the department and the contractor according to~~	30465
~~guidelines established by the director, provided that the~~	30466
~~contractor shall receive at least fifty per cent of the savings~~	30467
~~from the proposal. The adoption of a value engineering proposal~~	30468
~~does not invalidate the award of the contract or require the~~	30469
~~director to rebid the project.~~	30470

~~(G) When in the opinion of the department the work under any~~	30471
~~contract made under this section or any law of the state is~~	30472
~~neglected by the contractor, the work completed is deficient in~~	30473
~~quality or materials, or the work is not prosecuted with the~~	30474
~~diligence and force specified or intended in the contract, the~~	30475
~~department may require the contractor to provide, at no additional~~	30476
~~expense to the department, any additional labor and materials that~~	30477
~~are necessary to complete the improvements at the level of quality~~	30478
~~and within the time of performance specified in the contract.~~	30479
~~Procedures concerning such a requirement together with its format~~	30480
~~shall be specified in the contract. If the contractor fails to~~	30481
~~comply with the requirement within the period specified in the~~	30482
~~contract, the department may take action to complete the work~~	30483
~~through other means, up to and including termination of the~~	30484
~~contract.~~	30485

~~(H) When an exigency occurs or there is immediate danger of~~	30486
~~an exigency that would materially impair the successful bidding,~~	30487
~~construction, or completion of a project, improvement, or~~	30488
~~building, the director may revise related plans and specifications~~	30489
~~as necessary to address the exigency through the issuance of an~~	30490
~~addendum prior to the opening of bids or, in accordance with~~	30491
~~procedures established in section 153.62 of the Revised Code,~~	30492
~~through the issuance of a change order after the contract has been~~	30493
~~awarded~~, pursuant to the declaration of a public exigency, the	30494
department may award the contract without competitive bidding or	30495
selection as otherwise required by Chapter 153. of the Revised	30496
Code.	30497

(D) The executive director of the Ohio facilities	30498
construction commission may authorize the department of natural	30499
resources to administer any other project or improvement, the	30500
estimated cost of which, including design fees, construction,	30501
equipment, and contingency amounts, is not more than one million	30502
five hundred thousand dollars.	30503

Sec. 1501.45. (A) As used in this section:

30504

(1) "Forfeiture laws" means provisions that are established	30505
in Title XXIX of the Revised Code and that govern the forfeiture	30506
and disposition of certain property that is seized pursuant to a	30507
law enforcement investigation.	30508

(2) "Law enforcement division" means the division of	30509
forestry, the division of natural areas and preserves, the	30510
division of wildlife, the division of parks and recreation, or the	30511
division of watercraft in the department of natural resources.	30512

(3) "Law enforcement fund" means a fund created in this	30513
section.	30514

(B) Except as otherwise provided in this section and	30515
notwithstanding any provision of the Revised Code that is not in	30516
Title XV of the Revised Code to the contrary, the forfeiture laws	30517
apply to a law enforcement division that substantially conducts an	30518
investigation that results in the ordered forfeiture of property	30519
and also apply to the involved forfeiture of property, and the law	30520
enforcement division shall comply with those forfeiture laws.	30521
Accordingly, the portion of the forfeiture laws that authorizes	30522
certain proceeds from forfeited property to be distributed to the	30523
law enforcement agency that substantially conducted the	30524
investigation that resulted in the seizure of the subsequently	30525
forfeited property apply to the law enforcement divisions except	30526
as provided in division (C)(2)(a) of this section. If a law	30527
enforcement division is eligible to receive such proceeds, the	30528
proceeds shall be deposited into the state treasury to the credit	30529
of the applicable law enforcement fund.	30530

(C)(1) There are hereby created in the state treasury ~~the~~	30531
~~division of forestry law enforcement fund, the division of natural~~	30532
~~areas and preserves law enforcement fund,~~ the division of wildlife	30533
law enforcement fund, the division of parks and recreation law	30534
enforcement fund, and the division of watercraft law enforcement	30535
fund. ~~The~~	30536

(2) The funds shall consist of proceeds from forfeited	30537
property that are deposited ~~in accordance with this section. The~~	30538
as follows:	30539

(a) Proceeds from forfeited property resulting from an	30540
investigation conducted by the division of forestry, the division	30541
of natural areas and preserves, or the division of parks and	30542
recreation shall be deposited in the division of parks and	30543
recreation law enforcement fund.	30544

(b) Proceeds from forfeited property resulting from an	30545
investigation conducted by the division of wildlife shall be	30546
deposited in the division of wildlife law enforcement fund.	30547

(c) Proceeds from forfeited property resulting from an	30548
investigation conducted by the division of watercraft shall be	30549
deposited in the division of watercraft law enforcement fund.	30550

(3) The funds shall be used ~~by the applicable law enforcement~~	30551
~~division~~ for law enforcement purposes specified in the forfeiture	30552
laws~~; however, a~~as follows:	30553

(a) Money in the division of parks and recreation law	30554
enforcement fund shall be used by the division of parks and	30555
recreation.	30556

(b) Money in the division of wildlife law enforcement fund	30557
shall be used by the division of wildlife.	30558

(c) Money in the division of watercraft law enforcement fund	30559
shall be used by the division of watercraft.	30560

(4) A law enforcement division shall not use ~~such funds~~its	30561
fund to pay the salaries of its employees or to provide for any	30562
other remuneration of personnel.	30563

(D) If the forfeiture laws conflict with any provisions that	30564
govern forfeitures and that are established in another section of	30565
Title XV of the Revised Code, the provisions established in the	30566
other section of Title XV apply.	30567

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	30568
commission, consisting of the directors of environmental	30569
protection, natural resources, health, agriculture, ~~and~~	30570
transportation, and development services, or their designees, and	30571
five additional members appointed by the governor who shall serve	30572
at the pleasure of the governor. The members of the commission	30573
annually shall designate a chairperson, who shall preside at the	30574
meetings of the commission, and a secretary.	30575

The commission shall hold at least one meeting every three	30576
months. The secretary of the commission shall keep a record of its	30577
proceedings. Special meetings shall be held at the call of the	30578
chairperson or upon the request of four members of the commission.	30579
All meetings and records of the commission shall be open to the	30580
public. Six members of the commission constitute a quorum. The	30581
agencies represented on the commission shall furnish clerical,	30582
technical, and other services required by the commission in the	30583
performance of its duties.	30584

(B) The commission shall do all of the following:

30585

(1) Ensure the coordination of state and local policies and	30586
programs pertaining to Lake Erie water quality, toxic pollution	30587
control, and resource protection;	30588

(2) Review, and make recommendations concerning, the	30589
development and implementation of policies, programs, and issues	30590
for long-term, comprehensive protection of Lake Erie water	30591
resources and water quality that are consistent with the great	30592
lakes water quality agreement and the great lakes toxic substances	30593
control agreement;	30594

(3) Recommend policies and programs to modify the coastal	30595
management program of this state;	30596

(4) At each regular meeting, consider matters relating to the	30597
implementation of sections 1506.22 and 1506.23 of the Revised	30598
Code;	30599

(5) Publish and submit the Lake Erie protection agenda in	30600
accordance with division (C) of section 1506.23 of the Revised	30601
Code;	30602

(6) Ensure the implementation of a basinwide approach to Lake	30603
Erie issues;	30604

(7) Increase representation of the interests of this state in	30605
state, regional, national, and international forums pertaining to	30606
the resources and water quality of Lake Erie and the Lake Erie	30607
basin;	30608

(8) Promote education concerning the wise management of the	30609
resources of Lake Erie;	30610

(9) Establish public advisory councils as considered	30611
necessary to assist in programs established under this section and	30612
sections 1506.22 and 1506.23 of the Revised Code. Members of the	30613
public advisory councils shall represent a broad cross section of	30614
interests, shall have experience or expertise in the subject for	30615
which the advisory council was established, and shall serve	30616
without compensation.	30617

(10) Prepare and submit the report required under division	30618
(D) of section 1506.23 of the Revised Code.	30619

(C) Each state agency, upon the request of the commission,	30620
shall cooperate in the implementation of this section and sections	30621
1506.22 and 1506.23 of the Revised Code.	30622

Sec. 1506.30. As used in sections 1506.30 to 1506.36 of the	30623
Revised Code:	30624

(A) "Abandoned property" means a submerged aircraft; a	30625
submerged watercraft, including a ship, boat, canoe, skiff, raft,	30626
or barge; the rigging, gear, fittings, trappings, and equipment of	30627
a submerged aircraft or watercraft; the personal property of the	30628
officers, crew, and passengers of a submerged aircraft or	30629
watercraft; the cargo of a submerged aircraft or watercraft that	30630
has been deserted, relinquished, cast away, or left behind and for	30631
which attempts at reclamation have been abandoned by the owners	30632
and insurers; and submerged materials resulting from activities of	30633
prehistoric and historic native Americans.	30634

(B) "Lake Erie" means that portion of the waters and lands of	30635
Lake Erie belonging to the state as provided in section 1506.10 of	30636
the Revised Code.	30637

(C) "Historical value" means the quality of significance	30638
exemplified by an object, structure, site, or district that is	30639
included in or eligible for inclusion in ~~the state registry of~~	30640
~~archaeological landmarks authorized under section 149.51 of the~~	30641
~~Revised Code, the state registry of historic landmarks authorized~~	30642
~~under section 149.55 of the Revised Code, or~~ the national register	30643
of historic places.	30644

(D) "Marine surveyor" means a person engaged in the business	30645
of mapping or surveying submerged lands and abandoned property.	30646

(E) "Mechanical or other assistance" means all artificial	30647
devices used to raise or remove artifacts from abandoned property,	30648
including pry bars, wrenches and other hand or power tools,	30649
cutting torches, explosives, winches, flotation bags, lines to	30650
surface, extra divers buoyancy devices, and other buoyancy	30651
devices.	30652

(F) "Recreational value" means value relating to an activity	30653
in which the public engages or may engage for recreation or sport,	30654
including scuba diving and fishing, as determined by the director	30655
of natural resources.	30656

Sec. 1509.01. As used in this chapter:

30657

(A) "Well" means any borehole, whether drilled or bored,	30658
within the state for production, extraction, or injection of any	30659
gas or liquid mineral, excluding potable water to be used as such,	30660
but including natural or artificial brines and oil field waters.	30661

(B) "Oil" means crude petroleum oil and all other	30662
hydrocarbons, regardless of gravity, that are produced in liquid	30663
form by ordinary production methods, but does not include	30664
hydrocarbons that were originally in a gaseous phase in the	30665
reservoir.	30666

(C) "Gas" means all natural gas and all other fluid	30667
hydrocarbons that are not oil, including condensate.	30668

(D) "Condensate" means liquid hydrocarbons separated at or	30669
near the well pad or along the gas production or gathering system	30670
prior to gas processing.	30671

(E) "Pool" means an underground reservoir containing a common	30672
accumulation of oil or gas, or both, but does not include a gas	30673
storage reservoir. Each zone of a geological structure that is	30674
completely separated from any other zone in the same structure may	30675
contain a separate pool.	30676

(F) "Field" means the general area underlaid by one or more	30677
pools.	30678

(G) "Drilling unit" means the minimum acreage on which one	30679
well may be drilled, but does not apply to a well for injecting	30680
gas into or removing gas from a gas storage reservoir.	30681

(H) "Waste" includes all of the following:

30682

(1) Physical waste, as that term generally is understood in	30683
the oil and gas industry;	30684

(2) Inefficient, excessive, or improper use, or the	30685
unnecessary dissipation, of reservoir energy;	30686

(3) Inefficient storing of oil or gas;

30687

(4) Locating, drilling, equipping, operating, or producing an	30688
oil or gas well in a manner that reduces or tends to reduce the	30689
quantity of oil or gas ultimately recoverable under prudent and	30690
proper operations from the pool into which it is drilled or that	30691
causes or tends to cause unnecessary or excessive surface loss or	30692
destruction of oil or gas;	30693

(5) Other underground or surface waste in the production or	30694
storage of oil, gas, or condensate, however caused.	30695

(I) "Correlative rights" means the reasonable opportunity to	30696
every person entitled thereto to recover and receive the oil and	30697
gas in and under the person's tract or tracts, or the equivalent	30698
thereof, without having to drill unnecessary wells or incur other	30699
unnecessary expense.	30700

(J) "Tract" means a single, individually taxed parcel of land	30701
appearing on the tax list.	30702

(K) "Owner," unless referring to a mine, means the person who	30703
has the right to drill on a tract or drilling unit, to drill into	30704
and produce from a pool, and to appropriate the oil or gas	30705
produced therefrom either for the person or for others, except	30706
that a person ceases to be an owner with respect to a well when	30707
the well has been plugged in accordance with applicable rules	30708
adopted and orders issued under this chapter. "Owner" does not	30709
include a person who obtains a lease of the mineral rights for oil	30710
and gas on a parcel of land if the person does not attempt to	30711
produce or produce oil or gas from a well or obtain a permit under	30712
this chapter for a well or if the entire interest of a well is	30713
transferred to the person in accordance with division (B) of	30714
section 1509.31 of the Revised Code.	30715

(L) "Royalty interest" means the fee holder's share in the	30716
production from a well.	30717

(M) "Discovery well" means the first well capable of	30718
producing oil or gas in commercial quantities from a pool.	30719

(N) "Prepared clay" means a clay that is plastic and is	30720
thoroughly saturated with fresh water to a weight and consistency	30721
great enough to settle through saltwater in the well in which it	30722
is to be used, except as otherwise approved by the chief of the	30723
division of oil and gas resources management.	30724

(O) "Rock sediment" means the combined cutting and residue	30725
from drilling sedimentary rocks and formation.	30726

(P) "Excavations and workings," "mine," and "pillar" have the	30727
same meanings as in section 1561.01 of the Revised Code.	30728

(Q) "Coal bearing township" means a township designated as	30729
such by the chief of the division of mineral resources management	30730
under section 1561.06 of the Revised Code.	30731

(R) "Gas storage reservoir" means a continuous area of a	30732
subterranean porous sand or rock stratum or strata into which gas	30733
is or may be injected for the purpose of storing it therein and	30734
removing it therefrom and includes a gas storage reservoir as	30735
defined in section 1571.01 of the Revised Code.	30736

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	30737
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	30738
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	30739
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	30740
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	30741
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	30742
regulations adopted under those acts.	30743

(T) "Person" includes any political subdivision, department,	30744
agency, or instrumentality of this state; the United States and	30745
any department, agency, or instrumentality thereof; and any legal	30746
entity defined as a person under section 1.59 of the Revised Code.	30747

(U) "Brine" means all saline geological formation water	30748
resulting from, obtained from, or produced in connection with	30749
exploration, drilling, well stimulation, production of oil or gas,	30750
or plugging of a well.	30751

(V) "Waters of the state" means all streams, lakes, ponds,	30752
marshes, watercourses, waterways, springs, irrigation systems,	30753
drainage systems, and other bodies of water, surface or	30754
underground, natural or artificial, that are situated wholly or	30755
partially within this state or within its jurisdiction, except	30756
those private waters that do not combine or effect a junction with	30757
natural surface or underground waters.	30758

(W) "Exempt Mississippian well" means a well that meets all	30759
of the following criteria:	30760

(1) Was drilled and completed before January 1, 1980;

30761

(2) Is located in an unglaciated part of the state;

30762

(3) Was completed in a reservoir no deeper than the	30763
Mississippian Big Injun sandstone in areas underlain by	30764
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	30765
sandstone in areas directly underlain by Permian stratigraphy;	30766

(4) Is used primarily to provide oil or gas for domestic use.

30767

(X) "Exempt domestic well" means a well that meets all of the	30768
following criteria:	30769

(1) Is owned by the owner of the surface estate of the tract	30770
on which the well is located;	30771

(2) Is used primarily to provide gas for the owner's domestic	30772
use;	30773

(3) Is located more than two hundred feet horizontal distance	30774
from any inhabited private dwelling house other than an inhabited	30775
private dwelling house located on the tract on which the well is	30776
located;	30777

(4) Is located more than two hundred feet horizontal distance	30778
from any public building that may be used as a place of resort,	30779
assembly, education, entertainment, lodging, trade, manufacture,	30780
repair, storage, traffic, or occupancy by the public.	30781

(Y) "Urbanized area" means an area where a well or production	30782
facilities of a well are located within a municipal corporation or	30783
within a township that has an unincorporated population of more	30784
than five thousand in the most recent federal decennial census	30785
prior to the issuance of the permit for the well or production	30786
facilities.	30787

(Z) "Well stimulation" or "stimulation of a well" means the	30788
process of enhancing well productivity, including hydraulic	30789
fracturing operations.	30790

(AA) "Production operation" means all operations and	30791
activities and all related equipment, facilities, and other	30792
structures that may be used in or associated with the exploration	30793
and production of oil, gas, or other mineral resources that are	30794
regulated under this chapter, including operations and activities	30795
associated with site preparation, site construction, access road	30796
construction, well drilling, well completion, well stimulation,	30797
well site activities, reclamation, and plugging. "Production	30798
operation" also includes all of the following:	30799

(1) The piping, equipment, and facilities used for the	30800
production and preparation of hydrocarbon gas or liquids for	30801
transportation or delivery;	30802

(2) The processes of extraction and recovery, lifting,	30803
stabilization, treatment, separation, production processing,	30804
storage, waste disposal, and measurement of hydrocarbon gas and	30805
liquids, including related equipment and facilities;	30806

(3) The processes and related equipment and facilities	30807
associated with production compression, gas lift, gas injection,	30808
fuel gas supply, well drilling, well stimulation, and well	30809
completion activities, including dikes, pits, and earthen and	30810
other impoundments used for the temporary storage of fluids and	30811
waste substances associated with well drilling, well stimulation,	30812
and well completion activities;	30813

(4) Equipment and facilities at a wellpad or other location	30814
that are used for the transportation, handling, recycling,	30815
temporary storage, management, processing, or treatment of any	30816
equipment, material, and by-products or other substances from an	30817
operation at a wellpad that may be used or reused at the same or	30818
another operation at a wellpad or that will be disposed of in	30819
accordance with applicable laws and rules adopted under them.	30820

(BB) "Annular overpressurization" means the accumulation of	30821
fluids within an annulus with sufficient pressure to allow	30822
migration of annular fluids into underground sources of drinking	30823
water.	30824

(CC) "Idle and orphaned well" means a well for which a bond	30825
has been forfeited or an abandoned well for which no money is	30826
available to plug the well in accordance with this chapter and	30827
rules adopted under it.	30828

(DD) "Temporarily inactive well" means a well that has been	30829
granted temporary inactive status under section 1509.062 of the	30830
Revised Code.	30831

(EE) "Material and substantial violation" means any of the	30832
following:	30833

(1) Failure to obtain a permit to drill, reopen, convert,	30834
plugback, or plug a well under this chapter;	30835

(2) Failure to obtain, maintain, update, or submit proof of	30836
insurance coverage that is required under this chapter;	30837

(3) Failure to obtain, maintain, update, or submit proof of a	30838
surety bond that is required under this chapter;	30839

(4) Failure to plug an abandoned well or idle and orphaned	30840
well unless the well has been granted temporary inactive status	30841
under section 1509.062 of the Revised Code or the chief of the	30842
division of oil and gas resources management has approved another	30843
option concerning the abandoned well or idle and orphaned well;	30844

(5) Failure to restore a disturbed land surface as required	30845
by section 1509.072 of the Revised Code;	30846

(6) Failure to reimburse the oil and gas well fund pursuant	30847
to a final order issued under section 1509.071 of the Revised	30848
Code;	30849

(7) Failure to comply with a final nonappealable order of the	30850
chief issued under section 1509.04 of the Revised Code;	30851

(8) Failure to submit a report, test result, fee, or document	30852
that is required in this chapter or rules adopted under it.	30853

(FF) "Severer" has the same meaning as in section 5749.01 of	30854
the Revised Code.	30855

(GG) "Horizontal well" means a well that is drilled for the	30856
production of oil or gas in which the wellbore reaches a	30857
horizontal or near horizontal position in the Point Pleasant,	30858
Utica, or Marcellus formation and the well is stimulated.	30859

(HH) "Well pad" means the area that is cleared or prepared	30860
for the drilling of one or more horizontal wells.	30861

Sec. 1509.02. There is hereby created in the department of	30862
natural resources the division of oil and gas resources	30863
management, which shall be administered by the chief of the	30864
division of oil and gas resources management. The division has	30865
sole and exclusive authority to regulate the permitting, location,	30866
and spacing of oil and gas wells and production operations within	30867
the state, excepting only those activities regulated under federal	30868
laws for which oversight has been delegated to the environmental	30869
protection agency and activities regulated under sections 6111.02	30870
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	30871
and gas activities is a matter of general statewide interest that	30872
requires uniform statewide regulation, and this chapter and rules	30873
adopted under it constitute a comprehensive plan with respect to	30874
all aspects of the locating, drilling, well stimulation,	30875
completing, and operating of oil and gas wells within this state,	30876
including site construction and restoration, permitting related to	30877
those activities, and the disposal of wastes from those wells. In	30878
order to assist the division in the furtherance of its sole and	30879
exclusive authority as established in this section, the chief may	30880
enter into cooperative agreements with other state agencies for	30881
advice and consultation, including visitations at the surface	30882
location of a well on behalf of the division. Such cooperative	30883
agreements do not confer on other state agencies any authority to	30884
administer or enforce this chapter and rules adopted under it. In	30885
addition, such cooperative agreements shall not be construed to	30886
dilute or diminish the division's sole and exclusive authority as	30887
established in this section. Nothing in this section affects the	30888
authority granted to the director of transportation and local	30889
authorities in section 723.01 or 4513.34 of the Revised Code,	30890
provided that the authority granted under those sections shall not	30891
be exercised in a manner that discriminates against, unfairly	30892
impedes, or obstructs oil and gas activities and operations	30893
regulated under this chapter.	30894

The chief shall not hold any other public office, nor shall	30895
the chief be engaged in any occupation or business that might	30896
interfere with or be inconsistent with the duties as chief.	30897

All moneys collected by the chief pursuant to sections	30898
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	30899
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	30900
of moneys received by the treasurer of state from the tax levied	30901
in divisions (A)(5) and (6) of section 5749.02 of the Revised	30902
Code, all civil penalties paid under section 1509.33 of the	30903
Revised Code, and, notwithstanding any section of the Revised Code	30904
relating to the distribution or crediting of fines for violations	30905
of the Revised Code, all fines imposed under divisions (A) and (B)	30906
of section 1509.99 of the Revised Code and fines imposed under	30907
divisions (C) and (D) of section 1509.99 of the Revised Code for	30908
all violations prosecuted by the attorney general and for	30909
violations prosecuted by prosecuting attorneys that do not involve	30910
the transportation of brine by vehicle shall be deposited into the	30911
state treasury to the credit of the oil and gas well fund, which	30912
is hereby created. Fines imposed under divisions (C) and (D) of	30913
section 1509.99 of the Revised Code for violations prosecuted by	30914
prosecuting attorneys that involve the transportation of brine by	30915
vehicle and penalties associated with a compliance agreement	30916
entered into pursuant to this chapter shall be paid to the county	30917
treasury of the county where the violation occurred.	30918

The fund shall be used solely and exclusively for the	30919
purposes enumerated in division (B) of section 1509.071 of the	30920
Revised Code, for the expenses of the division associated with the	30921
administration of this chapter and Chapter 1571. of the Revised	30922
Code and rules adopted under them, and for expenses that are	30923
critical and necessary for the protection of human health and	30924
safety and the environment related to oil and gas production in	30925
this state. The expenses of the division in excess of the moneys	30926
available in the fund shall be paid from general revenue fund	30927
appropriations to the department.	30928

Sec. 1509.062. (A)(1) The owner of a well that has not been	30929
completed, a well that has not produced within one year after	30930
completion, or an existing well that is not a horizontal well and	30931
that has no reported production for two consecutive reporting	30932
periods as reported in accordance with section 1509.11 of the	30933
Revised Code, or an existing horizontal well that has no reported	30934
production for eight consecutive reporting periods as reported in	30935
accordance with section 1509.11 of the Revised Code shall plug the	30936
well in accordance with section 1509.12 of the Revised Code,	30937
obtain temporary inactive well status for the well in accordance	30938
with this section, or perform another activity regarding the well	30939
that is approved by the chief of the division of oil and gas	30940
resources management.	30941

(2) If a well has a reported annual production that is less	30942
than one hundred thousand cubic feet of natural gas or fifteen	30943
barrels of crude oil, or a combination thereof, the chief may	30944
require the owner of the well to submit an application for	30945
temporary inactive well status under this section for the well.	30946

(B) In order for the owner of a well to submit an application	30947
for temporary inactive well status for the well under this	30948
division, the owner and the well shall be in compliance with this	30949
chapter and rules adopted under it, any terms and conditions of	30950
the permit for the well, and applicable orders issued by the	30951
chief. An application for temporary inactive status for a well	30952
shall be submitted to the chief on a form prescribed and provided	30953
by the chief and shall contain all of the following:	30954

(1) The owner's name and address and, if the owner is a	30955
corporation, the name and address of the corporation's statutory	30956
agent;	30957

(2) The signature of the owner or of the owner's authorized	30958
agent. When an authorized agent signs an application, the	30959
application shall be accompanied by a certified copy of the	30960
appointment as such agent.	30961

(3) The permit number assigned to the well. If the well has	30962
not been assigned a permit number, the chief shall assign a permit	30963
number to the well.	30964

(4) A map, on a scale not smaller than four hundred feet to	30965
the inch, that shows the location of the well and the tank	30966
battery, that includes the latitude and longitude of the well, and	30967
that contains all other data that are required by the chief;	30968

(5) A demonstration that the well is of future utility and	30969
that the applicant has a viable plan to utilize the well within a	30970
reasonable period of time;	30971

(6) A demonstration that the well poses no threat to the	30972
health or safety of persons, property, or the environment;	30973

(7) Any other relevant information that the chief prescribes	30974
by rule.	30975

The chief may waive any of the requirements established in	30976
divisions (B)(1) to (6) of this section if the division of oil and	30977
gas resources management possesses a current copy of the	30978
information or document that is required in the applicable	30979
division.	30980

(C) Upon receipt of an application for temporary inactive	30981
well status, the chief shall review the application and shall	30982
either deny the application by issuing an order or approve the	30983
application. The chief shall approve the application only if the	30984
chief determines that the well that is the subject of the	30985
application poses no threat to the health or safety of persons,	30986
property, or the environment. If the chief approves the	30987
application, the chief shall notify the applicant of the chief's	30988
approval. Upon receipt of the chief's approval, the owner shall	30989
shut in the well and empty all liquids and gases from all storage	30990
tanks, pipelines, and other equipment associated with the well. In	30991
addition, the owner shall maintain the well, other equipment	30992
associated with the well, and the surface location of the well in	30993
a manner that prevents hazards to the health and safety of people	30994
and the environment. The owner shall inspect the well at least	30995
every six months and submit to the chief within fourteen days	30996
after the inspection a record of inspection on a form prescribed	30997
and provided by the chief.	30998

(D) Not later than thirty days prior to the expiration of	30999
temporary inactive well status or a renewal of temporary inactive	31000
well status approved by the chief for a well, the owner of the	31001
well may submit to the chief an application for renewal of the	31002
temporary inactive well status on a form prescribed and provided	31003
by the chief. The application shall include a detailed plan that	31004
describes the ultimate disposition of the well, the time frames	31005
for that disposition, and any other information that the chief	31006
determines is necessary. The chief shall either deny an	31007
application by order or approve the application. If the chief	31008
approves the application, the chief shall notify the owner of the	31009
well of the chief's approval.	31010

(E) An application for temporary inactive well status shall	31011
be accompanied by a nonrefundable fee of one hundred dollars. An	31012
application for a renewal of temporary inactive well status shall	31013
be accompanied by a nonrefundable fee of two hundred fifty dollars	31014
for the first renewal and five hundred dollars for each subsequent	31015
renewal.	31016

(F) After a third renewal, the chief may require an owner to	31017
provide a surety bond in an amount not to exceed ten thousand	31018
dollars for each of the owner's wells that has been approved by	31019
the chief for temporary inactive well status.	31020

(G) Temporary inactive well status approved by the chief	31021
expires one year after the date of approval of the application for	31022
temporary inactive well status or production from the well	31023
commences, whichever occurs sooner. In addition, a renewal of a	31024
temporary inactive well status expires one year after the	31025
expiration date of the initial temporary inactive well status or	31026
one year after the expiration date of the previous renewal of the	31027
temporary inactive well status, as applicable, or production from	31028
the well commences, whichever occurs sooner.	31029

(H) The owner of a well that has been approved by the chief	31030
for temporary inactive well status may commence production from	31031
the well at any time. Not later than sixty days after the	31032
commencement of production from such a well, the owner shall	31033
notify the chief of the commencement of production.	31034

(I) This chapter and rules adopted under it, any terms and	31035
conditions of the permit for a well, and applicable orders issued	31036
by the chief apply to a well that has been approved by the chief	31037
for temporary inactive well status or renewal of that status.	31038

Sec. 1509.10. (A) Any person drilling within the state	31039
shall, within sixty days after the completion of drilling	31040
operations to the proposed total depth or after a determination	31041
that a well is a dry or lost hole, file with the division of oil	31042
and gas resources management all wireline electric logs and an	31043
accurate well completion record on a form that is prescribed by	31044
the chief of the division of oil and gas resources management that	31045
designates:	31046

(1) The purpose for which the well was drilled;

31047

(2) The character, depth, and thickness of geological units	31048
encountered, including coal seams, mineral beds, associated fluids	31049
such as fresh water, brine, and crude oil, natural gas, and sour	31050
gas, if such seams, beds, fluids, or gases are known;	31051

(3) The dates on which drilling operations were commenced and	31052
completed;	31053

(4) The types of drilling tools used and the name of the	31054
person that drilled the well;	31055

(5) The length in feet of the various sizes of casing and	31056
tubing used in drilling the well, the amount removed after	31057
completion, the type and setting depth of each packer, all other	31058
data relating to cementing in the annular space behind such casing	31059
or tubing, and data indicating completion as a dry, gas, oil,	31060
combination oil and gas, brine injection, or artificial brine well	31061
or a stratigraphic test;	31062

(6) The number of perforations in the casing and the	31063
intervals of the perforations;	31064

(7) The elevation above mean sea level of the point from	31065
which the depth measurements were made, stating also the height of	31066
the point above ground level at the well, the total depth of the	31067
well, and the deepest geological unit that was penetrated in the	31068
drilling of the well;	31069

(8) If applicable, the type, volume, and concentration of	31070
acid, and the date on which acid was used in acidizing the well;	31071

(9)(a) If applicable, the trade name and the total amount of	31072
all products, fluids, and substances, and the supplier of each	31073
product, fluid, or substance, not including cement and its	31074
constituents and lost circulation materials, intentionally added	31075
to facilitate the drilling of any portion of the well until the	31076
surface casing is set and properly sealed. The owner shall	31077
identify each additive used and provide a brief description of the	31078
purpose for which the additive is used. In addition, the owner	31079
shall include a list of all chemicals, not including any	31080
information that is designated as a trade secret pursuant to	31081
division (I)(1) of this section, intentionally added to all	31082
products, fluids, or substances and include each chemical's	31083
corresponding chemical abstracts service number and the maximum	31084
concentration of each chemical. The owner shall obtain the	31085
chemical information, not including any information that is	31086
designated as a trade secret pursuant to division (I)(1) of this	31087
section, from the company that drilled the well, provided service	31088
at the well, or supplied the chemicals. If the company that	31089
drilled the well, provided service at the well, or supplied the	31090
chemicals provides incomplete or inaccurate chemical information,	31091
the owner shall make reasonable efforts to obtain the required	31092
information from the company or supplier.	31093

(b) For purposes of division (A)(9)(a) of this section, if	31094
recycled fluid was used, the total volume of recycled fluid and	31095
the well that is the source of the recycled fluid or the	31096
centralized facility that is the source of the recycled fluid.	31097

(10)(a) If applicable, the type and volume of fluid, not	31098
including cement and its constituents or information that is	31099
designated as a trade secret pursuant to division (I)(1) of this	31100
section, used to stimulate the reservoir of the well, the	31101
reservoir breakdown pressure, the method used for the containment	31102
of fluids recovered from the fracturing of the well, the methods	31103
used for the containment of fluids when pulled from the wellbore	31104
from swabbing the well, the average pumping rate of the well, and	31105
the name of the person that performed the well stimulation. In	31106
addition, the owner shall include a copy of the log from the	31107
stimulation of the well, a copy of the invoice for each of the	31108
procedures and methods described in division (A)(10) of this	31109
section that were used on a well, and a copy of the pumping	31110
pressure and rate graphs. However, the owner may redact from the	31111
copy of each invoice that is required to be included under	31112
division (A)(10) of this section the costs of and charges for the	31113
procedures and methods described in division (A)(10) of this	31114
section that were used on a well.	31115

(b) If applicable, the trade name and the total volume of all	31116
products, fluids, and substances, and the supplier of each	31117
product, fluid, or substance used to stimulate the well. The owner	31118
shall identify each additive used, provide a brief description of	31119
the purpose for which the additive is used, and include the	31120
maximum concentration of the additive used. In addition, the owner	31121
shall include a list of all chemicals, not including any	31122
information that is designated as a trade secret pursuant to	31123
division (I)(1) of this section, intentionally added to all	31124
products, fluids, or substances and include each chemical's	31125
corresponding chemical abstracts service number and the maximum	31126
concentration of each chemical. The owner shall obtain the	31127
chemical information, not including any information that is	31128
designated as a trade secret pursuant to division (I)(1) of this	31129
section, from the company that stimulated the well or supplied the	31130
chemicals. If the company that stimulated the well or supplied the	31131
chemicals provides incomplete or inaccurate chemical information,	31132
the owner shall make reasonable efforts to obtain the required	31133
information from the company or supplier.	31134

(c) For purposes of division (A)(10)(b) of this section, if	31135
recycled fluid was used, the total volume of recycled fluid and	31136
the well that is the source of the recycled fluid or the	31137
centralized facility that is the source of the recycled fluid.	31138

(11) The name of the company that performed the logging of	31139
the well and the types of wireline electric logs performed on the	31140
well.	31141

The well completion record shall be submitted in duplicate.	31142
The first copy shall be retained as a permanent record in the	31143
files of the division, and the second copy shall be transmitted by	31144
the chief to the division of geological survey.	31145

(B)(1) Not later than sixty days after the completion of the	31146
drilling operations to the proposed total depth, the owner shall	31147
file all wireline electric logs with the division of oil and gas	31148
resources management and the chief shall transmit such logs	31149
electronically, if available, to the division of geological	31150
survey. Such logs may be retained by the owner for a period of not	31151
more than six months, or such additional time as may be granted by	31152
the chief in writing, after the completion of the well	31153
substantially to the depth shown in the application required by	31154
section 1509.06 of the Revised Code.	31155

(2) If a well is not completed within sixty days after the	31156
completion of drilling operations, the owner shall file with the	31157
division of oil and gas resources management a supplemental well	31158
completion record that includes all of the information required	31159
under this section within sixty days after the completion of the	31160
well.	31161

(3) After a well is initially completed and stimulated and	31162
until the well is plugged, the owner shall report, on a form	31163
prescribed by the chief, all materials placed into the formation	31164
to refracture, restimulate, or newly complete the well. The owner	31165
shall submit the information within sixty days after completing	31166
the refracturing, restimulation, or new completion. In addition,	31167
the owner shall report the information required in divisions	31168
(A)(10)(a) to (c) of this section, as applicable, in a manner	31169
consistent with the requirements established in this section.	31170

(C) Upon request in writing by the chief of the division of	31171
geological survey prior to the beginning of drilling of the well,	31172
the person drilling the well shall make available a complete set	31173
of cuttings accurately identified as to depth.	31174

(D) The form of the well completion record required by this	31175
section shall be one that has been prescribed by the chief of the	31176
division of oil and gas resources management and the chief of the	31177
division of geological survey. The filing of a log as required by	31178
this section fulfills the requirement of filing a log with the	31179
chief of the division of geological survey in section 1505.04 of	31180
the Revised Code.	31181

(E) If a material listed or designated under division (A)(9)	31182
or (10) or (B)(3) of this section is a material for which the	31183
division of oil and gas resources management does not have a	31184
material safety data sheet, the owner shall provide a copy of the	31185
material safety data sheet for the material to the chief.	31186

(F) An owner shall submit to the chief the information that	31187
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	31188
section consistent with the requirements established in this	31189
section using one of the following methods:	31190

(1) On a form prescribed by the chief;

31191

(2) Through the chemical disclosure registry that is	31192
maintained by the ground water protection council and the	31193
interstate oil and gas compact commission;	31194

(3) Any other means approved by the chief.

31195

(G) The chief shall post on the division's web site each	31196
material safety data sheet obtained under division (E) of this	31197
section. In addition, the chief shall make available through the	31198
division's web site the chemical information that is required by	31199
divisions (A)(9) and (10) and (B)(3) of this section.	31200

(H)(1) If a medical professional, in order to assist in the	31201
diagnosis or treatment of an individual who was affected by an	31202
incident associated with the production operations of a well,	31203
requests the exact chemical composition of each product, fluid, or	31204
substance and of each chemical component in a product, fluid, or	31205
substance that is designated as a trade secret pursuant to	31206
division (I) of this section, the person claiming the trade secret	31207
protection pursuant to that division shall provide to the medical	31208
professional the exact chemical composition of the product, fluid,	31209
or substance and of the chemical component in a product, fluid, or	31210
substance that is requested.	31211

(2) A medical professional who receives information pursuant	31212
to division (H)(1) of this section shall keep the information	31213
confidential and shall not disclose the information for any	31214
purpose that is not related to the diagnosis or treatment of an	31215
individual who was affected by an incident associated with the	31216
production operations of a well. Nothing in division (H)(2) of	31217
this section precludes a medical professional from making any	31218
report required by law or professional ethical standards.	31219

(I)(1) The owner of a well who is required to submit a well	31220
completion record under division (A) of this section or a report	31221
under division (B)(3) of this section or a person that provides	31222
information to the owner as described in and for purposes of	31223
division (A)(9) or (10) or (B)(3) of this section may designate	31224
without disclosing on a form prescribed by the chief and withhold	31225
from disclosure to the chief the identity, amount, concentration,	31226
or purpose of a product, fluid, or substance or of a chemical	31227
component in a product, fluid, or substance as a trade secret. The	31228
owner or person may pursue enforcement of any rights or remedies	31229
established in sections 1333.61 to 1333.69 of the Revised Code for	31230
misappropriation, as defined in section 1333.61 of the Revised	31231
Code, with respect to the identity, amount, concentration, or	31232
purpose of a product, fluid, or substance or a chemical component	31233
in a product, fluid, or substance designated as a trade secret	31234
pursuant to division (I)(1) of this section. The division shall	31235
not disclose information regarding the identity, amount,	31236
concentration, or purpose of any product, fluid, or substance or	31237
of any chemical component in a product, fluid, or substance	31238
designated as a trade secret pursuant to division (I)(1) of this	31239
section.	31240

(2) A property owner, an adjacent property owner, or any	31241
person or agency of this state having an interest that is or may	31242
be adversely affected by a product, fluid, or substance or by a	31243
chemical component in a product, fluid, or substance may commence	31244
a civil action in the court of common pleas of Franklin county	31245
against an owner or person described in division (I)(1) of this	31246
section challenging the owner's or person's claim to entitlement	31247
to trade secret protection for the specific identity, amount,	31248
concentration, or purpose of a product, fluid, or substance or of	31249
a chemical component in a product, fluid, or substance pursuant to	31250
division (I)(1) of this section. A person who commences a civil	31251
action pursuant to division (I)(2) of this section shall provide	31252
notice to the chief in a manner prescribed by the chief. In the	31253
civil action, the court shall conduct an in camera review of	31254
information submitted by an owner or person described in division	31255
(I)(1) of this section to determine if the identity, amount,	31256
concentration, or purpose of a product, fluid, or substance or of	31257
a chemical component in a product, fluid, or substance pursuant to	31258
division (I)(1) of this section is entitled to trade secret	31259
protection.	31260

(J)(1) Except for any information that is designated as a	31261
trade secret pursuant to division (I)(1) of this section and	31262
except as provided in division (J)(2) of this section, the owner	31263
of a well shall maintain records of all chemicals placed in a well	31264
for a period of not less than two years after the date on which	31265
each such chemical was placed in the well. The chief may inspect	31266
the records at any time concerning any such chemical.	31267

(2) An owner or person who has designated the identity,	31268
amount, concentration, or purpose of a product, fluid, or	31269
substance or of a chemical component in a product, fluid, or	31270
substance as a trade secret pursuant to division (I)(1) of this	31271
section shall maintain the records for such a product, fluid, or	31272
substance or for a chemical component in a product, fluid, or	31273
substance for a period of not less than two years after the date	31274
on which each such product, fluid, or substance or each such	31275
chemical component in a product, fluid, or substance was placed in	31276
the well. Upon the request of the chief, the owner or person, as	31277
applicable, shall disclose the records to the chief if the	31278
information is necessary to respond to a spill, release, or	31279
investigation. However, the chief shall not disclose the	31280
information that is designated as a trade secret.	31281

(K)(1) For purposes of correcting inaccuracies and	31282
incompleteness in chemical information required by divisions	31283
(A)(9) and (10) and (B)(3) of this section, an owner shall be	31284
considered in substantial compliance if the owner has made	31285
reasonable efforts to obtain the required information from the	31286
supplier.	31287

(2) For purposes of reporting under this section, an owner is	31288
not required to report chemicals that occur incidentally or in	31289
trace amounts.	31290

(L) As used in this section, the term "material safety data	31291
sheet" shall conform to any revision of or change in the term by	31292
the occupational safety and health administration in the United	31293
States department of labor.	31294

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	31295
a horizontal well, that is producing or capable of producing oil	31296
or gas shall file with the chief of the division of oil and gas	31297
resources management, on or before the thirty-first day of March,	31298
a statement of production of oil, gas, and brine for the last	31299
preceding calendar year in such form as the chief may prescribe.	31300
An owner that has more than one hundred such wells in this state	31301
shall submit electronically the statement of production in a	31302
format that is approved by the chief. The chief shall include on	31303
the form, at the minimum, a request for the submittal of the	31304
information that a person who is regulated under this chapter is	31305
required to submit under the "Emergency Planning and Community	31306
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	31307
regulations adopted under it, and that the division of oil and gas	31308
resources management does not obtain through other reporting	31309
mechanisms.	31310

(2) The owner of any horizontal well that is producing or	31311
capable of producing oil or gas shall file with the chief, on the	31312
forty-fifth day following the close of each calendar quarter, a	31313
statement of production of oil, gas, and brine for the preceding	31314
calendar quarter in a form that the chief prescribes. An owner	31315
that has more than one hundred horizontal wells in this state	31316
shall submit electronically the statement of production in a	31317
format that is approved by the chief. The chief shall include on	31318
the form, at a minimum, a request for the submittal of the	31319
information that a person who is regulated under this chapter is	31320
required to submit under the "Emergency Planning and Community	31321
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	31322
regulations adopted under it, and that the division does not	31323
obtain through other reporting mechanisms.	31324

(B) The chief shall not disclose information received from	31325
the department of taxation under division (C)(12) of section	31326
5703.21 of the Revised Code until the related statement of	31327
production required by division (A) of this section is filed with	31328
the chief.	31329

Sec. 1509.16. (A) As used in this section, "oil country	31330
tubular goods" means circular steel pipes that are seamless or	31331
welded and used in drilling for oil or natural gas, including	31332
casing, tubing, and drill pipe, whether finished or unfinished,	31333
and steel couplings and drill collars used with the pipes.	31334

(B) An owner shall file with the division of oil and gas	31335
resources management a disclosure form that specifies the country	31336
in which each oil country tubular good initially used in a	31337
production operation on or after the effective date of this	31338
section was manufactured unless that country cannot be determined	31339
by the owner. The division shall prescribe the disclosure form and	31340
consult with representatives from the natural gas, oil, and steel	31341
industries when developing the form. The division shall use the	31342
information specified on the form to establish a quality well	31343
infrastructure catalog.	31344

(C) The division shall determine the date on which the	31345
disclosure form shall be filed.	31346

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	31347
assessment is hereby imposed by this section on an owner. An owner	31348
shall pay the assessment in the same manner as a severer who is	31349
required to file a return under section 5749.06 of the Revised	31350
Code. However, an owner may designate a severer who shall pay the	31351
owner's assessment on behalf of the owner on the return that the	31352
severer is required to file under that section. If a severer so	31353
pays an owner's assessment, the severer may recoup from the owner	31354
the amount of the assessment. Except for an exempt domestic well,	31355
the assessment imposed shall be in addition to the taxes levied on	31356
the severance of oil and gas under section 5749.02 of the Revised	31357
Code.	31358

(B)(1) Except for an exempt domestic well, the oil and gas	31359
regulatory cost recovery assessment shall be calculated on a	31360
quarterly basis and shall be one of the following:	31361

(a) If the sum of ten cents per barrel of oil for all of the	31362
wells of the owner, one-half of one cent per one thousand cubic	31363
feet of natural gas for all of the wells of the owner, and the	31364
amount of the severance tax levied on each severer for all of the	31365
wells of the owner under divisions (A)(5) and (6) of section	31366
5749.02 of the Revised Code, as applicable, is greater than the	31367
sum of fifteen dollars for each well owned by the owner, the	31368
amount of the assessment is the sum of ten cents per barrel of oil	31369
for all of the wells of the owner and one-half of one cent per one	31370
thousand cubic feet of natural gas for all of the wells of the	31371
owner.	31372

(b) If the sum of ten cents per barrel of oil for all of the	31373
wells of the owner, one-half of one cent per one thousand cubic	31374
feet of natural gas for all of the wells of the owner, and the	31375
amount of the severance tax levied on each severer for all of the	31376
wells of the owner under divisions (A)(5) and (6) of section	31377
5749.02 of the Revised Code, as applicable, is less than the sum	31378
of fifteen dollars for each well owned by the owner, the amount of	31379
the assessment is the sum of fifteen dollars for each well owned	31380
by the owner less the amount of the tax levied on each severer for	31381
all of the wells of the owner under divisions (A)(5) and (6) of	31382
section 5749.02 of the Revised Code, as applicable.	31383

(2) The oil and gas regulatory cost recovery assessment for a	31384
well that becomes an exempt domestic well on and after June 30,	31385
2010, shall be sixty dollars to be paid to the division of oil and	31386
gas resources management on the first day of July of each year.	31387

(C) All money collected pursuant to this section shall be	31388
~~deposited in the state treasury to the credit of~~credited to the	31389
severance tax receipts fund. After the director of budget and	31390
management transfers money from the severance tax receipts fund as	31391
required in division (H) of section 5749.06 of the Revised Code,	31392
money in the severance tax receipts fund from amounts collected	31393
pursuant to this section shall be credited to the oil and gas well	31394
fund created in section 1509.02 of the Revised Code.	31395

(D) Except for purposes of revenue distribution as specified	31396
in division (B) of section 5749.02 of the Revised Code, the oil	31397
and gas regulatory cost recovery assessment imposed by this	31398
section shall be treated the same and equivalent for all purposes	31399
as the taxes levied on the severance of oil and gas under that	31400
section. However, the assessment imposed by this section is not a	31401
tax under Chapter 5749. of the Revised Code.	31402

Sec. 1511.02. The chief of the division of soil and water	31403
resources, subject to the approval of the director of natural	31404
resources, shall do all of the following:	31405

(A) Provide administrative leadership to local soil and water	31406
conservation districts in planning, budgeting, staffing, and	31407
administering district programs and the training of district	31408
supervisors and personnel in their duties, responsibilities, and	31409
authorities as prescribed in this chapter and Chapter 1515. of the	31410
Revised Code;	31411

(B) Administer this chapter and Chapter 1515. of the Revised	31412
Code pertaining to state responsibilities and provide staff	31413
assistance to the Ohio soil and water conservation commission in	31414
exercising its statutory responsibilities;	31415

(C) Assist in expediting state responsibilities for watershed	31416
development and other natural resource conservation works of	31417
improvement;	31418

(D) Coordinate the development and implementation of	31419
cooperative programs and working agreements between local soil and	31420
water conservation districts and divisions or sections of the	31421
department of natural resources, or other agencies of local,	31422
state, and federal government;	31423

(E) Subject to the approval of the Ohio soil and water	31424
conservation commission, adopt, amend, or rescind rules pursuant	31425
to Chapter 119. of the Revised Code. Rules adopted pursuant to	31426
this section:	31427

(1) Shall establish technically feasible and economically	31428
reasonable standards to achieve a level of management and	31429
conservation practices in farming or silvicultural operations that	31430
will abate wind or water erosion of the soil or abate the	31431
degradation of the waters of the state by animal waste or by soil	31432
sediment including substances attached thereto, and establish	31433
criteria for determination of the acceptability of such management	31434
and conservation practices;	31435

(2) Shall establish technically feasible and economically	31436
reasonable standards to achieve a level of management and	31437
conservation practices that will abate wind or water erosion of	31438
the soil or abate the degradation of the waters of the state by	31439
soil sediment in conjunction with land grading, excavating,	31440
filling, or other soil-disturbing activities on land used or being	31441
developed for nonfarm commercial, industrial, residential, or	31442
other nonfarm purposes, and establish criteria for determination	31443
of the acceptability of such management and conservation	31444
practices. The standards shall be designed to implement applicable	31445
areawide waste treatment management plans prepared under section	31446
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	31447
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	31448
shall not apply in any municipal corporation or county that adopts	31449
ordinances or rules pertaining to sediment control, nor to lands	31450
being used in a strip mine operation as defined in section 1513.01	31451
of the Revised Code, nor to lands being used in a surface mining	31452
operation as defined in section 1514.01 of the Revised Code.	31453

(3) May recommend criteria and procedures for the approval of	31454
urban sediment pollution abatement plans and issuance of permits	31455
prior to any grading, excavating, filling, or other whole or	31456
partial disturbance of five or more contiguous acres of land owned	31457
by one person or operated as one development unit and require	31458
implementation of such a plan. Areas of less than five contiguous	31459
acres are not exempt from compliance with other provisions of this	31460
chapter and rules adopted under them.	31461

(4) Shall establish procedures for administration of rules	31462
for agricultural pollution abatement and urban sediment pollution	31463
abatement and for enforcement of rules for agricultural pollution	31464
abatement;	31465

(5) Shall specify the pollution abatement practices eligible	31466
for state cost sharing and determine the conditions for	31467
eligibility, the construction standards and specifications, the	31468
useful life, the maintenance requirements, and the limits of cost	31469
sharing for those practices. Eligible practices shall be limited	31470
to practices that address agricultural or silvicultural operations	31471
and that require expenditures that are likely to exceed the	31472
economic returns to the owner or operator and that abate soil	31473
erosion or degradation of the waters of the state by animal waste	31474
or soil sediment including pollutants attached thereto.	31475

(6) Shall establish procedures for administering grants to	31476
owners or operators of agricultural land or concentrated animal	31477
feeding operations for the implementation of operation and	31478
management plans;	31479

(7) Shall establish procedures for administering grants to	31480
soil and water conservation districts for urban sediment pollution	31481
abatement programs, specify the types of projects eligible for	31482
grants, establish limits on the availability of grants, and	31483
establish requirements governing the execution of projects to	31484
encourage the reduction of erosion and sedimentation associated	31485
with soil-disturbing activities;	31486

(8) Shall do all of the following with regard to composting	31487
conducted in conjunction with agricultural operations:	31488

(a) Provide for the distribution of educational material	31489
concerning composting to the offices of ~~the Ohio cooperative~~OSU	31490
extension ~~service~~ for the purposes of section 1511.022 of the	31491
Revised Code;	31492

(b) Establish methods, techniques, or practices for	31493
composting dead animals, or particular types of dead animals, that	31494
are to be used at such operations, as the chief considers to be	31495
necessary or appropriate;	31496

(c) Establish requirements and procedures governing the	31497
review and approval or disapproval of composting plans by the	31498
supervisors of soil and water conservation districts under	31499
division (Q) of section 1515.08 of the Revised Code.	31500

(9) Shall be adopted, amended, or rescinded after the chief	31501
does all of the following:	31502

(a) Mails notice to each statewide organization that the	31503
chief determines represents persons or local governmental agencies	31504
who would be affected by the proposed rule, amendment thereto, or	31505
rescission thereof at least thirty-five days before any public	31506
hearing thereon;	31507

(b) Mails a copy of each proposed rule, amendment thereto, or	31508
rescission thereof to any person who requests a copy, within five	31509
days after receipt of the request;	31510

(c) Consults with appropriate state and local governmental	31511
agencies or their representatives, including statewide	31512
organizations of local governmental officials, industrial	31513
representatives, and other interested persons;	31514

(d) If the rule relates to agricultural pollution abatement,	31515
develops an economic impact statement concerning the effect of the	31516
proposed rule or amendment.	31517

(10) Shall not conflict with air or water quality standards	31518
adopted pursuant to section 3704.03 or 6111.041 of the Revised	31519
Code. Compliance with rules adopted pursuant to this section does	31520
not affect liability for noncompliance with air or water quality	31521
standards adopted pursuant to section 3704.03 or 6111.041 of the	31522
Revised Code. The application of a level of management and	31523
conservation practices recommended under this section to control	31524
windblown soil from farming operations creates a presumption of	31525
compliance with section 3704.03 of the Revised Code as that	31526
section applies to windblown soil.	31527

(11) Insofar as the rules relate to urban sediment pollution,	31528
shall not be applicable in a municipal corporation or county that	31529
adopts ordinances or rules for urban sediment control, except that	31530
a municipal corporation or county that adopts such ordinances or	31531
rules may receive moneys for urban sediment control that are	31532
disbursed by the board of supervisors of the applicable soil and	31533
water conservation district under division (N) of section 1515.08	31534
of the Revised Code. The rules shall not exempt any person from	31535
compliance with municipal ordinances enacted pursuant to Section 3	31536
of Article XVIII, Ohio Constitution.	31537

(F) Cost share with landowners on practices established	31538
pursuant to division (E)(5) of this section as moneys are	31539
appropriated and available for that purpose. Any practice for	31540
which cost share is provided shall be maintained for its useful	31541
life. Failure to maintain a cost share practice for its useful	31542
life shall subject the landowner to full repayment to the	31543
division.	31544

(G) Issue orders requiring compliance with any rule adopted	31545
under division (E)(1) of this section or with section 1511.022 of	31546
the Revised Code. Before the chief issues an order, the chief	31547
shall afford each person allegedly liable an adjudication hearing	31548
under Chapter 119. of the Revised Code. The chief may require in	31549
an order that a person who has caused agricultural pollution by	31550
failure to comply with the standards established under division	31551
(E)(1) of this section operate under an operation and management	31552
plan approved by the chief under this section. The chief shall	31553
require in an order that a person who has failed to comply with	31554
division (A) of section 1511.022 of the Revised Code prepare a	31555
composting plan in accordance with rules adopted under division	31556
(E)(10)(c) of this section and operate in accordance with that	31557
plan or that a person who has failed to operate in accordance with	31558
such a plan begin to operate in accordance with it. Each order	31559
shall be issued in writing and contain a finding by the chief of	31560
the facts upon which the order is based and the standard that is	31561
not being met.	31562

(H) Employ field assistants and such other employees as are	31563
necessary for the performance of the work prescribed by Chapter	31564
1515. of the Revised Code, for performance of work of the	31565
division, and as agreed to under working agreements or contractual	31566
arrangements with local soil and water conservation districts,	31567
prescribe their duties, and fix their compensation in accordance	31568
with such schedules as are provided by law for the compensation of	31569
state employees.	31570

All employees of the division, unless specifically exempted	31571
by law, shall be employed subject to the classified civil service	31572
laws in force at the time of employment.	31573

(I) In connection with new or relocated projects involving	31574
highways, underground cables, pipelines, railroads, and other	31575
improvements affecting soil and water resources, including surface	31576
and subsurface drainage:	31577

(1) Provide engineering service as is mutually agreeable to	31578
the Ohio soil and water conservation commission and the director	31579
to aid in the design and installation of soil and water	31580
conservation practices as a necessary component of such projects;	31581

(2) Maintain close liaison between the owners of lands on	31582
which the projects are executed, local soil and water conservation	31583
districts, and authorities responsible for such projects;	31584

(3) Review plans for such projects to ensure their compliance	31585
with standards developed under division (E) of this section in	31586
cooperation with the department of transportation or with any	31587
other interested agency that is engaged in soil or water	31588
conservation projects in the state in order to minimize adverse	31589
impacts on soil and water resources adjacent to or otherwise	31590
affected by these projects;	31591

(4) Recommend measures to retard erosion and protect soil and	31592
water resources through the installation of water impoundment or	31593
other soil and water conservation practices;	31594

(5) Cooperate with other agencies and subdivisions of the	31595
state to protect the agricultural status of rural lands adjacent	31596
to such projects and control adverse impacts on soil and water	31597
resources.	31598

(J) Collect, analyze, inventory, and interpret all available	31599
information pertaining to the origin, distribution, extent, use,	31600
and conservation of the soil resources of the state;	31601

(K) Prepare and maintain up-to-date reports, maps, and other	31602
materials pertaining to the soil resources of the state and their	31603
use and make that information available to governmental agencies,	31604
public officials, conservation entities, and the public;	31605

(L) Provide soil and water conservation districts with	31606
technical assistance including on-site soil investigations and	31607
soil interpretation reports on the suitability or limitations of	31608
soil to support a particular use or to plan soil conservation	31609
measures. The assistance shall be upon such terms as are mutually	31610
agreeable to the districts and the department of natural	31611
resources.	31612

(M) Assist local government officials in utilizing land use	31613
planning and zoning, current agricultural use value assessment,	31614
development reviews, and land management activities;	31615

(N) When necessary for the purposes of this chapter or	31616
Chapter 1515. of the Revised Code, develop or approve operation	31617
and management plans.	31618

This section does not restrict the excrement of domestic or	31619
farm animals defecated on land outside a concentrated animal	31620
feeding operation or runoff therefrom into the waters of the	31621
state.	31622

Sec. 1511.022. (A) Any person who owns or operates an	31623
agricultural operation, or owns the animals raised by the owner or	31624
operator of an agricultural operation, and who wishes to conduct	31625
composting of dead animals resulting from the agricultural	31626
operation shall do both of the following:	31627

(1) Participate in an educational course concerning	31628
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	31629
and obtain a certificate of completion for the course;	31630

(2) Use the appropriate method, technique, or practice of	31631
composting established in rules adopted under division (E)(8) of	31632
section 1511.02 of the Revised Code.	31633

(B) Any person who fails to comply with division (A) of this	31634
section shall prepare and operate under a composting plan in	31635
accordance with an order issued by the chief of the division of	31636
soil and water resources under division (G) of section 1511.02 of	31637
the Revised Code. If the person's proposed composting plan is	31638
disapproved by the board of supervisors of the appropriate soil	31639
and water conservation district under division (Q)(3) of section	31640
1515.08 of the Revised Code, the person may appeal the plan	31641
disapproval to the chief, who shall afford the person a hearing.	31642
Following the hearing, the chief shall uphold the plan disapproval	31643
or reverse it. If the chief reverses the disapproval, the plan	31644
shall be deemed approved.	31645

Sec. 1519.05. (A) As used in this section, "local political	31646
subdivision" and "nonprofit organization" have the same meanings	31647
as in section 164.20 of the Revised Code.	31648

(B)(1) There is hereby created in the state treasury the	31649
clean Ohio trail fund. Twelve and one-half per cent of the net	31650
proceeds of obligations issued and sold pursuant to sections	31651
151.01 and 151.09 of the Revised Code shall be deposited into the	31652
fund.	31653

(2) Investment earnings of the fund shall be credited to the	31654
fund and may be used to pay costs incurred by the director of	31655
natural resources in administering this section.	31656

(3) Money in the clean Ohio trail fund shall not be used for	31657
the appropriation of land, rights, rights-of-way, franchises,	31658
easements, or other property through the exercise of the right of	31659
eminent domain.	31660

~~The~~(4) Except as provided in division (B)(5) of this	31661
section, the director shall use moneys in the fund exclusively to	31662
provide matching grants to nonprofit organizations and to local	31663
political subdivisions for the purposes of purchasing land or	31664
interests in land for recreational trails and for the construction	31665
of such trails. A matching grant may provide up to seventy-five	31666
per cent of the cost of a recreational trail project, and the	31667
recipient of the matching grant shall provide not less than	31668
twenty-five per cent of that cost.	31669

(5) The director, at the director's discretion, may use up to	31670
twenty-five per cent of moneys in the fund to provide grants to	31671
nonprofit organizations and to local political subdivisions for	31672
the purpose of maintaining recreational trails.	31673

(C) The director shall establish policies for the purposes of	31674
this section. The policies shall establish all of the following:	31675

(1) Procedures for providing matching grants to nonprofit	31676
organizations and local political subdivisions for the purposes of	31677
purchasing land or interests in land for recreational trails and	31678
for the construction of such trails, including, without	31679
limitation, procedures for both of the following:	31680

(a) Developing a grant application form and soliciting,	31681
accepting, and approving grant applications;	31682

(b) Participation by nonprofit organizations and local	31683
political subdivisions in the application process.	31684

(2) A requirement that an application for a matching grant	31685
for a recreational trail project include a copy of a resolution	31686
supporting the project from each county in which the proposed	31687
project is to be conducted and whichever of the following is	31688
applicable:	31689

(a) If the proposed project is to be conducted wholly within	31690
the geographical boundaries of one township, a copy of a	31691
resolution supporting the project from the township;	31692

(b) If the proposed project is to be conducted wholly within	31693
the geographical boundaries of one municipal corporation, a copy	31694
of a resolution supporting the project from the municipal	31695
corporation;	31696

(c) If the proposed project is to be conducted in more than	31697
one, but fewer than five townships or municipal corporations, a	31698
copy of a resolution supporting the project from at least one-half	31699
of the total number of townships and municipal corporations in	31700
which the proposed project is to be conducted;	31701

(d) If the proposed project is to be conducted in five or	31702
more municipal corporations, a copy of a resolution supporting the	31703
project from at least three-fifths of the total number of	31704
townships and municipal corporations in which the proposed project	31705
is to be conducted.	31706

(3) Eligibility criteria that must be satisfied by an	31707
applicant in order to receive a matching grant and that emphasize	31708
the following:	31709

(a) Synchronization with the statewide trail plan;

31710

(b) Complete regional systems and links to the statewide	31711
trail system;	31712

31713

(d) The provision of links in urban areas that support	31714
commuter access and show economic impact on local communities;	31715

(e) The linkage of population centers with public outdoor	31716
recreation areas and facilities;	31717

(f) The purchase of rail lines that are linked to the	31718
statewide trail plan;	31719

(g) The preservation of natural corridors.

31720

(4) Items of value, such as in-kind contributions of land,	31721
easements or other interests in land, labor, or materials, that	31722
may be considered as contributing toward the percentage of the	31723
cost of a recreational trails project that must be provided by a	31724
matching grant recipient;	31725

(5) A requirement that an application for a matching grant	31726
for a recreational trail project include a study on the current	31727
use of existing trails in the county in which the proposed project	31728
will be located if there is an existing trail in that county. The	31729
study shall include a report on the maintenance needs and a plan	31730
for use of the proposed project.	31731

(6) Procedures for providing grants to nonprofit	31732
organizations and local political subdivisions for the purpose of	31733
maintaining recreational trails, including, without limitation,	31734
procedures for both of the following:	31735

(a) Developing a grant application form and soliciting,	31736
accepting, and approving grant applications;	31737

(b) Participation by nonprofit organizations and local	31738
political subdivisions in the application process.	31739

(7) Eligibility criteria that must be satisfied by an	31740
applicant in order to receive a grant for the purpose of	31741
maintaining recreational trails.	31742

Sec. 1531.06. (A) The chief of the division of wildlife,	31743
with the approval of the director of natural resources, may	31744
acquire by gift, lease, purchase, or otherwise lands or surface	31745
rights upon lands and waters or surface rights upon waters for	31746
wild animals, fish or game management, preservation, propagation,	31747
and protection, outdoor and nature activities, public fishing and	31748
hunting grounds, and flora and fauna preservation. The chief, with	31749
the approval of the director, may receive by grant, devise,	31750
bequest, donation, or assignment evidences of indebtedness, the	31751
proceeds of which are to be used for the purchase of such lands or	31752
surface rights upon lands and waters or surface rights upon	31753
waters.	31754

(B)(1) The chief shall adopt rules for the protection of	31755
state-owned or leased lands and waters and property under the	31756
control of the division of wildlife against wrongful use or	31757
occupancy that will ensure the carrying out of the intent of this	31758
section, protect those lands, waters, and property from	31759
depredations, and preserve them from molestation, spoilation,	31760
destruction, or any improper use or occupancy thereof, including	31761
rules with respect to recreational activities and for the	31762
government and use of such lands, waters, and property.	31763

(2) The chief may adopt rules benefiting wild animals, fish	31764
or game management, preservation, propagation, and protection,	31765
outdoor and nature activities, public fishing and hunting grounds,	31766
and flora and fauna preservation, and regulating the taking and	31767
possession of wild animals on any lands or waters owned or leased	31768
or under the division's supervision and control and, for a	31769
specified period of years, may prohibit or recall the taking and	31770
possession of any wild animal on any portion of such lands or	31771
waters. The division clearly shall define and mark the boundaries	31772
of the lands and waters owned or leased or under its supervision	31773
and control upon which the taking of any wild animal is	31774
prohibited.	31775

(C) The chief, with the approval of the director, may acquire	31776
by gift, lease, or purchase land for the purpose of establishing	31777
state fish hatcheries and game farms and may erect on it buildings	31778
or structures that are necessary.	31779

The title to or lease of such lands and waters shall be taken	31780
by the chief in the name of the state. The lease or purchase price	31781
of all such lands and waters may be paid from hunting and trapping	31782
and fishing licenses and any other funds.	31783

(D) To provide more public recreation, stream and lake	31784
agreements for public fishing only may be obtained under rules	31785
adopted by the chief.	31786

(E) The chief, with the approval of the director, may	31787
establish user fees for the use of special public facilities or	31788
participation in special activities on lands and waters	31789
administered by the division. The special facilities and	31790
activities may include hunting or fishing on special designated	31791
public lands and waters intensively managed or stocked with	31792
artificially propagated game birds or fish, field trial	31793
facilities, wildlife nature centers, firearm ranges, boat mooring	31794
facilities, camping sites, and other similar special facilities	31795
and activities. The chief shall determine whether the user fees	31796
are refundable and shall ensure that that information is provided	31797
at the time the user fees are paid.	31798

(F) The chief, with the approval of the director, may enter	31799
into lease agreements for rental of concessions or other special	31800
projects situated on state-owned or leased lands or waters or	31801
other property under the division's control. The chief shall set	31802
and collect the fees for concession rentals or other special	31803
projects; regulate through contracts between the division and	31804
concessionaires the sale of tangible objects at concessions or	31805
other special projects; and keep a record of all such fee payments	31806
showing the amount received, from whom received, and for what	31807
purpose the fee was collected.	31808

(G) The chief may sell or donate conservation-related items	31809
or items that promote wildlife conservation, including, but not	31810
limited to, stamps, pins, badges, books, bulletins, maps,	31811
publications, calendars, and any other educational article or	31812
artifact pertaining to wild animals; sell confiscated or forfeited	31813
items; and sell surplus structures and equipment, and timber or	31814
crops from lands owned, administered, leased, or controlled by the	31815
division. The chief, with the approval of the director, also may	31816
engage in campaigns and special events that promote wildlife	31817
conservation by selling or donating wildlife-related materials,	31818
memberships, and other items of promotional value.	31819

(H) The chief may sell, lease, or transfer minerals or	31820
mineral rights, with the approval of the director, when the chief	31821
and the director determine it to be in the best interest of the	31822
state. Upon approval of the director, the chief may make, execute,	31823
and deliver contracts, including leases, to mine, drill, or	31824
excavate iron ore, stone, coal, salt, and other minerals, other	31825
than oil or gas, upon and under lands owned by the state and	31826
administered by the division to any person who complies with the	31827
terms of such a contract. No such contract shall be valid for more	31828
than fifty years from its effective date. Consideration for	31829
minerals and mineral rights shall be by rental or royalty basis as	31830
prescribed by the chief and payable as prescribed by contract.	31831
Moneys collected under this division shall be paid into the state	31832
treasury to the credit of the wildlife habitat fund created in	31833
section 1531.33 of the Revised Code. Contracts entered into under	31834
this division also may provide for consideration for minerals or	31835
mineral rights in the form of acquisition of lands as provided	31836
under divisions (A) and (C) of this section.	31837

(I) All moneys received under divisions (E), (F), and (G) of	31838
this section shall be paid into the state treasury to the credit	31839
of a fund that shall be used for the purposes outlined in section	31840
1533.15 of the Revised Code and for the management of other wild	31841
animals for their ecological and nonconsumptive recreational value	31842
or benefit.	31843

(J) The chief, with the approval of the director, may barter	31844
or sell wild animals to other states, state or federal agencies,	31845
and conservation or zoological organizations. Moneys received from	31846
the sale of wild animals shall be deposited into the ~~wild animal~~	31847
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	31848
Code.	31849

(K) The chief shall adopt rules establishing standards and	31850
guidelines for the administration of contraceptive chemicals to	31851
noncaptive wild animals. The rules may specify chemical delivery	31852
methods and devices and monitoring requirements.	31853

The chief shall establish criteria for the issuance of and	31854
shall issue permits for the administration of contraceptive	31855
chemicals to noncaptive wild animals. No person shall administer	31856
contraceptive chemicals to noncaptive wild animals without a	31857
permit issued by the chief.	31858

(L) All fees set by the chief under this section shall be	31859
approved by the wildlife council.	31860

(M) Information contained in the wildlife diversity database	31861
that is established pursuant to division (B)(2) of this section	31862
and section 1531.25 of the Revised Code may be made available to	31863
any individual or public or private agency for research,	31864
educational, environmental, land management, or other similar	31865
purposes that are not detrimental to the conservation of a species	31866
or feature. Information regarding sensitive site locations of	31867
species that are listed pursuant to section 1531.25 of the Revised	31868
Code and of features that are included in the wildlife diversity	31869
database is not subject to section 149.43 of the Revised Code if	31870
the chief determines that the release of the information could be	31871
detrimental to the conservation of a species or feature.	31872

Sec. 1531.17. All fines, penalties, and forfeitures arising	31873
from prosecutions, convictions, confiscations, or otherwise under	31874
this chapter and Chapters 1517. and 1533. of the Revised Code,	31875
unless otherwise directed by the director of natural resources,	31876
shall be paid by the officer by whom collected to the director and	31877
by ~~him~~the director paid into the state treasury to the credit of	31878
the wildlife fund, which is hereby created, for the use of the	31879
division of wildlife. All moneys received from the sale of wild	31880
animals under division (J) of section 1531.06 shall be paid into	31881
the state treasury to the credit of the wildlife fund for the use	31882
of the division. All moneys collected as license fees on nets in	31883
the Lake Erie fishing district shall be paid by the director into	31884
the state treasury to the credit of the wildlife fund for use only	31885
in the betterment and the propagation of fish therein or in	31886
otherwise propagating fish in such district. All investment	31887
earnings of the fund shall be credited to the fund. The wildlife	31888
fund shall not be used for compensation of personnel employed by	31889
other divisions of the department of natural resources who are	31890
assigned to law enforcement duties in aid of the division of	31891
wildlife or for compensation of division of wildlife personnel for	31892
activities related to the instruction of personnel of other	31893
divisions.	31894

Sec. 1545.071. ~~The following applies until the department of~~	31895
~~administrative services implements for park districts the health~~	31896
~~care plans under section 9.901 of the Revised Code. If those plans~~	31897
~~do not include or address any benefits listed in this section, the~~	31898
~~following provisions continue in effect for those benefits.~~	31899

The board of park commissioners of any park district may	31900
procure and pay all or any part of the cost of group insurance	31901
policies that may provide benefits for hospitalization, surgical	31902
care, major medical care, disability, dental care, eye care,	31903
medical care, hearing aids, or prescription drugs, or sickness and	31904
accident insurance or a combination of any of the foregoing types	31905
of insurance or coverage for park district officers and employees	31906
and their immediate dependents issued by an insurance company duly	31907
authorized to do business in this state.	31908

The board may procure and pay all or any part of the cost of	31909
group life insurance to insure the lives of park district	31910
employees.	31911

The board also may contract for group health care services	31912
with health insuring corporations holding a certificate of	31913
authority under Chapter 1751. of the Revised Code provided that	31914
each officer or employee is permitted to:	31915

(A) Choose between a plan offered by an insurance company and	31916
a plan offered by a health insuring corporation and provided	31917
further that the officer or employee pays any amount by which the	31918
cost of the plan chosen by the officer or employee exceeds the	31919
cost of the plan offered by the board under this section;	31920

(B) Change the choice made under division (A) of this section	31921
at a time each year as determined in advance by the board.	31922

Any appointed member of the board of park commissioners and	31923
the spouse and dependent children of the member may be covered, at	31924
the option and expense of the member, as a noncompensated employee	31925
of the park district under any benefit plan described in division	31926
(A) of this section. The member shall pay to the park district the	31927
amount certified to it by the benefit provider as the provider's	31928
charge for the coverage the member has chosen under division (A)	31929
of this section. Payments for coverage shall be made, in advance,	31930
in a manner prescribed by the board. The member's exercise of an	31931
option to be covered under this section shall be in writing,	31932
announced at a regular public meeting of the board, and recorded	31933
as a public record in the minutes of the board.	31934

The board may provide the benefits authorized in this section	31935
by contributing to a health and welfare trust fund administered	31936
through or in conjunction with a collective bargaining	31937
representative of the park district employees.	31938

The board may provide the benefits described in this section	31939
through an individual self-insurance program or a joint	31940
self-insurance program as provided in section 9.833 of the Revised	31941
Code.	31942

Sec. 1545.23. If a park district enters into an agreement	31943
for the sale or lease of mineral rights regarding a park within	31944
the district, any royalties or other moneys resulting from the	31945
sale or lease shall be deposited into a special fund that the	31946
board of park commissioners shall create. The fund shall be used	31947
exclusively for maintenance of parks within the district and for	31948
the acquisition of new park lands.	31949

Sec. 1547.532. (A) All of the following are exempt from	31950
registration under this chapter:	31951

(1) Sailboards;

31952

(2) Kiteboards;

31953

(3) Paddleboards;

31954

(4) Belly boats or float tubes.

31955

(B) As used in this section:

31956

(1) "Belly boat" or "float tube" means a vessel that is	31957
inflatable, propelled solely by human muscular effort without	31958
using an oar, paddle, or pole, and designed to accommodate a	31959
single individual as an operator in such a manner that the	31960
operator remains partially submerged in the water.	31961

(2) "Kiteboard" means a recreational vessel that is	31962
inherently buoyant, has no cockpit, and is operated by an	31963
individual who is standing on the vessel while using a kite as a	31964
means of propulsion and lift.	31965

(3) "Paddleboard" means a recreational vessel that is	31966
inherently buoyant, is propelled by human muscular effort using a	31967
pole or single- or double-bladed paddle, and is operated by an	31968
individual who is kneeling, standing, or lying on the vessel.	31969

(4) "Sailboard" means a recreational vessel that is	31970
inherently buoyant, has no cockpit, has a single sail mounted on a	31971
mast that is connected to the vessel by a free-rotating, flexible	31972
joint, and is operated by an individual who is standing on the	31973
vessel.	31974

Sec. 1547.542. (A) Any person or organization owning any	31975
number of canoes, rowboats, inflatable watercraft, or sailboats	31976
for the purpose of rental to the public may apply with the chief	31977
of the division of watercraft for and receive an annual	31978
certificate of livery registration. No watercraft shall be rented	31979
to the public from a livery or other place of business in this	31980
state unless it first has been numbered and registered in	31981
accordance with this section or section 1547.54 of the Revised	31982
Code. Certificates of livery registration shall be issued by an	31983
authorized agent who is selected by the chief from among those	31984
designated under section 1547.54 of the Revised Code. The	31985
certificate shall display ~~the~~all of the following:	31986

(1) The name of the owner of the livery~~, the~~;

31987

(2) The date of issuance~~, the~~;

31988

(3) The date of expiration~~, the~~;

31989

(4) The number of watercraft registered~~, the~~;

31990

(5) The fee paid~~, an~~;

31991

(6) An authorized facsimile of the signature of the chief	31992
provided by the authorized agent who is selected to issue the	31993
certificate~~, and the~~;	31994

(7) The signature of the livery owner~~. The certificate shall~~	31995
~~bear the~~;	31996

(8) The livery watercraft registration number assigned to the	31997
livery owner~~, which shall be displayed in accordance with section~~	31998
~~1547.57 of the Revised Code on each watercraft in the fleet for~~	31999
~~which the certificate was issued~~. ~~The~~	32000

The owner of the livery shall be issued a tag for each	32001
watercraft that has been registered in accordance with this	32002
section. The tag shall be affixed to each such watercraft in	32003
accordance with this section prior to the watercraft's being	32004
rented to the public. The chief shall prescribe the content and	32005
form of the tag in rules adopted under section 1547.52 of the	32006
Revised Code.	32007

The owner of a livery shall obtain an amended certificate of	32008
livery registration from the chief whenever the composition of the	32009
fleet changes.	32010

(B) Not later than March 15, 2015, the owner of a livery	32011
shall identify each watercraft in the fleet for which a	32012
certificate of registration has been issued under this section in	32013
one of the following ways:	32014

(1) By displaying the livery watercraft registration number	32015
assigned to the livery owner on the forward half of both sides of	32016
the watercraft in block characters that are of a single color that	32017
contrasts with the color of the hull and are at least three inches	32018
in height. The livery watercraft registration number shall be	32019
displayed in such a manner that the number is visible under normal	32020
operating conditions. In addition, the tag that has been issued to	32021
the watercraft under this section shall be placed not more than	32022
six inches from the livery watercraft registration number on the	32023
port side of the watercraft.	32024

(2) By displaying the livery name on the rear half of the	32025
watercraft in such a manner that it is clearly visible under	32026
normal operating conditions. If there is insufficient space or it	32027
is impractical to display the livery name on the sides of the	32028
watercraft, the livery name may be displayed on the rear half of	32029
the watercraft's deck, provided that the display of the name does	32030
not interfere with the placement of the tag that has been issued	32031
to the watercraft. In addition, the tag shall be placed in one of	32032
the following locations:	32033

(a) In the upper right corner of the transom so that the tag	32034
does not interfere with the legibility of the hull identification	32035
number of the watercraft;	32036

(b) Six inches from the stern on the outside of the	32037
watercraft below the port side gunwale;	32038

(c) On the inside of the watercraft on the upper portion of	32039
the starboard side gunwale so that the tag is visible from the	32040
port side of the watercraft;	32041

(d) On a deck on the rear half of the watercraft.

32042

For purposes of division (B) of this section, each watercraft	32043
in a livery fleet shall be identified in a uniform and consistent	32044
manner.	32045

(C) The fee for each watercraft registered under this section	32046
shall be an annual registration fee. The fee shall be one-third of	32047
the triennial registration fees prescribed in section 1547.54 of	32048
the Revised Code. However, if the size of the fleet does not	32049
increase, the fee for an amended certificate of livery	32050
registration shall be the fee prescribed for issuing a duplicate	32051
registration certificate under section 1547.54 of the Revised	32052
Code, and the chief shall not refund to the livery owner all or	32053
any portion of an annual registration fee applicable to a	32054
watercraft transferred or abandoned by the livery owner. If the	32055
size of the fleet increases, the livery owner shall be required to	32056
pay the applicable annual registration fee for each watercraft	32057
registered under an amended certificate of livery registration	32058
that is in excess of the number of watercraft contained in the	32059
annual certificate of livery registration.	32060

In addition to the fees established in this section,	32061
watercraft that are not powercraft shall be charged a waterways	32062
conservation assessment fee. The fee shall be collected at the	32063
time of the issuance of an annual livery registration under this	32064
section and shall be one dollar and fifty cents for each	32065
watercraft included in the registration. The fee shall be	32066
deposited in the state treasury and credited to a distinct account	32067
in the waterways safety fund created in section 1547.75 of the	32068
Revised Code.	32069

(D) The certificate of livery registration, rental ~~receipts~~	32070
agreements, and required safety equipment are subject to	32071
inspection at any time at the livery's place of business by any	32072
authorized representative of the division of watercraft or any law	32073
enforcement officer in accordance with section 1547.63 of the	32074
Revised Code.	32075

(E) Except as provided in this section, all watercraft	32076
registered under this section are subject to this chapter and	32077
Chapter 1548. of the Revised Code.	32078

(F) The chief may issue an order temporarily ~~or permanently~~	32079
restricting or suspending a livery certificate of registration and	32080
the privileges associated with it without a hearing if the chief	32081
finds that the holder of the certificate has violated this	32082
chapter.	32083

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	32084
Revised Code is guilty of a felony of the fourth degree.	32085

(B) Whoever violates division (F) of section 1547.08, section	32086
1547.10, division (I) of section 1547.111, section 1547.13, or	32087
section 1547.66 of the Revised Code is guilty of a misdemeanor of	32088
the first degree.	32089

(C) Whoever violates a provision of this chapter or a rule	32090
adopted thereunder, for which no penalty is otherwise provided, is	32091
guilty of a minor misdemeanor.	32092

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	32093
the Revised Code without causing injury to persons or damage to	32094
property is guilty of a misdemeanor of the fourth degree.	32095

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	32096
the Revised Code causing injury to persons or damage to property	32097
is guilty of a misdemeanor of the third degree.	32098

(F) Whoever violates division (N) of section 1547.54,	32099
division (G) of section 1547.30, or section 1547.131, 1547.25,	32100
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	32101
of the Revised Code or a rule adopted under division (A)(2) of	32102
section 1547.52 of the Revised Code is guilty of a misdemeanor of	32103
the fourth degree.	32104

(G) Whoever violates section 1547.11 of the Revised Code is	32105
guilty of a misdemeanor of the first degree and shall be punished	32106
as provided in division (G)(1), (2), or (3) of this section.	32107

(1) Except as otherwise provided in division (G)(2) or (3) of	32108
this section, the court shall sentence the offender to a jail term	32109
of three consecutive days and may sentence the offender pursuant	32110
to section 2929.24 of the Revised Code to a longer jail term. In	32111
addition, the court shall impose upon the offender a fine of not	32112
less than one hundred fifty nor more than one thousand dollars.	32113

The court may suspend the execution of the mandatory jail	32114
term of three consecutive days that it is required to impose by	32115
division (G)(1) of this section if the court, in lieu of the	32116
suspended jail term, places the offender under a community control	32117
sanction pursuant to section 2929.25 of the Revised Code and	32118
requires the offender to attend, for three consecutive days, a	32119
drivers' intervention program that is certified pursuant to	32120
section ~~3793.10~~5119.38 of the Revised Code. The court also may	32121
suspend the execution of any part of the mandatory jail term of	32122
three consecutive days that it is required to impose by division	32123
(G)(1) of this section if the court places the offender under a	32124
community control sanction pursuant to section 2929.25 of the	32125
Revised Code for part of the three consecutive days; requires the	32126
offender to attend, for that part of the three consecutive days, a	32127
drivers' intervention program that is certified pursuant to	32128
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	32129
offender to a jail term equal to the remainder of the three	32130
consecutive days that the offender does not spend attending the	32131
drivers' intervention program. The court may require the offender,	32132
as a condition of community control, to attend and satisfactorily	32133
complete any treatment or education programs, in addition to the	32134
required attendance at a drivers' intervention program, that the	32135
operators of the drivers' intervention program determine that the	32136
offender should attend and to report periodically to the court on	32137
the offender's progress in the programs. The court also may impose	32138
any other conditions of community control on the offender that it	32139
considers necessary.	32140

(2) If, within six years of the offense, the offender has	32141
been convicted of or pleaded guilty to one violation of section	32142
1547.11 of the Revised Code or one other equivalent offense, the	32143
court shall sentence the offender to a jail term of ten	32144
consecutive days and may sentence the offender pursuant to section	32145
2929.24 of the Revised Code to a longer jail term. In addition,	32146
the court shall impose upon the offender a fine of not less than	32147
one hundred fifty nor more than one thousand dollars.	32148

In addition to any other sentence that it imposes upon the	32149
offender, the court may require the offender to attend a drivers'	32150
intervention program that is certified pursuant to section ~~3793.10~~	32151
5119.38 of the Revised Code.	32152

(3) If, within six years of the offense, the offender has	32153
been convicted of or pleaded guilty to more than one violation or	32154
offense identified in division (G)(2) of this section, the court	32155
shall sentence the offender to a jail term of thirty consecutive	32156
days and may sentence the offender to a longer jail term of not	32157
more than one year. In addition, the court shall impose upon the	32158
offender a fine of not less than one hundred fifty nor more than	32159
one thousand dollars.	32160

In addition to any other sentence that it imposes upon the	32161
offender, the court may require the offender to attend a drivers'	32162
intervention program that is certified pursuant to section ~~3793.10~~	32163
5119.38 of the Revised Code.	32164

(4) Upon a showing that serving a jail term would seriously	32165
affect the ability of an offender sentenced pursuant to division	32166
(G)(1), (2), or (3) of this section to continue the offender's	32167
employment, the court may authorize that the offender be granted	32168
work release after the offender has served the mandatory jail term	32169
of three, ten, or thirty consecutive days that the court is	32170
required by division (G)(1), (2), or (3) of this section to	32171
impose. No court shall authorize work release during the mandatory	32172
jail term of three, ten, or thirty consecutive days that the court	32173
is required by division (G)(1), (2), or (3) of this section to	32174
impose. The duration of the work release shall not exceed the time	32175
necessary each day for the offender to commute to and from the	32176
place of employment and the place in which the jail term is served	32177
and the time actually spent under employment.	32178

(5) Notwithstanding any section of the Revised Code that	32179
authorizes the suspension of the imposition or execution of a	32180
sentence or the placement of an offender in any treatment program	32181
in lieu of being imprisoned or serving a jail term, no court shall	32182
suspend the mandatory jail term of ten or thirty consecutive days	32183
required to be imposed by division (G)(2) or (3) of this section	32184
or place an offender who is sentenced pursuant to division (G)(2)	32185
or (3) of this section in any treatment program in lieu of being	32186
imprisoned or serving a jail term until after the offender has	32187
served the mandatory jail term of ten or thirty consecutive days	32188
required to be imposed pursuant to division (G)(2) or (3) of this	32189
section. Notwithstanding any section of the Revised Code that	32190
authorizes the suspension of the imposition or execution of a	32191
sentence or the placement of an offender in any treatment program	32192
in lieu of being imprisoned or serving a jail term, no court,	32193
except as specifically authorized by division (G)(1) of this	32194
section, shall suspend the mandatory jail term of three	32195
consecutive days required to be imposed by division (G)(1) of this	32196
section or place an offender who is sentenced pursuant to division	32197
(G)(1) of this section in any treatment program in lieu of	32198
imprisonment until after the offender has served the mandatory	32199
jail term of three consecutive days required to be imposed	32200
pursuant to division (G)(1) of this section.	32201

(6) As used in division (G) of this section:

32202

(a) "Equivalent offense" has the same meaning as in section	32203
4511.181 of the Revised Code.	32204

(b) "Jail term" and "mandatory jail term" have the same	32205
meanings as in section 2929.01 of the Revised Code.	32206

(H) Whoever violates section 1547.304 of the Revised Code is	32207
guilty of a misdemeanor of the fourth degree and also shall be	32208
assessed any costs incurred by the state or a county, township,	32209
municipal corporation, or other political subdivision in disposing	32210
of an abandoned junk vessel or outboard motor, less any money	32211
accruing to the state, county, township, municipal corporation, or	32212
other political subdivision from that disposal.	32213

(I) Whoever violates division (B) or (C) of section 1547.49	32214
of the Revised Code is guilty of a minor misdemeanor.	32215

(J) Whoever violates section 1547.31 of the Revised Code is	32216
guilty of a misdemeanor of the fourth degree on a first offense.	32217
On each subsequent offense, the person is guilty of a misdemeanor	32218
of the third degree.	32219

(K) Whoever violates section 1547.05 or 1547.051 of the	32220
Revised Code is guilty of a misdemeanor of the fourth degree if	32221
the violation is not related to a collision, injury to a person,	32222
or damage to property and a misdemeanor of the third degree if the	32223
violation is related to a collision, injury to a person, or damage	32224
to property.	32225

(L) The sentencing court, in addition to the penalty provided	32226
under this section for a violation of this chapter or a rule	32227
adopted under it that involves a powercraft powered by more than	32228
ten horsepower and that, in the opinion of the court, involves a	32229
threat to the safety of persons or property, shall order the	32230
offender to complete successfully a boating course approved by the	32231
national association of state boating law administrators before	32232
the offender is allowed to operate a powercraft powered by more	32233
than ten horsepower on the waters in this state. Violation of a	32234
court order entered under this division is punishable as contempt	32235
under Chapter 2705. of the Revised Code.	32236

Sec. 1548.02. The chief of the division of watercraft shall	32237
adopt such rules as the chief considers necessary to ensure	32238
uniform and orderly operation of this chapter, and the clerks of	32239
the courts of common pleas shall conform to those rules. The chief	32240
shall receive and file in the chief's office all information	32241
forwarded to the chief by the clerks under this chapter and shall	32242
maintain indexes covering the state at large for that information.	32243
These indexes shall be for the state at large and not for	32244
individual counties.	32245

The chief shall check with the chief's record all duplicate	32246
certificates of title received in the chief's office from the	32247
clerks.	32248

If it appears that any certificate of title has been	32249
improperly issued or is no longer required, the chief shall cancel	32250
the certificate. Upon the cancellation of any certificate of	32251
title, the chief shall notify the clerk who issued it, and the	32252
clerk shall enter the cancellation in the clerk's records. The	32253
chief also shall notify the person to whom the certificate of	32254
title was issued, as well as any lienholders appearing on it, of	32255
the cancellation and, if it is a physical certificate of title,	32256
shall demand the surrender of the certificate of title, but the	32257
cancellation shall not affect the validity of any lien noted on	32258
it. The holder of a physical certificate of title shall return it	32259
to the chief immediately.	32260

The clerks shall keep on hand a sufficient supply of blank	32261
forms that, except certificate of title and memorandum certificate	32262
forms, shall be furnished and distributed without charge to	32263
registered manufacturers or dealers or to other persons residing	32264
within the county. The clerks shall provide the certificates of	32265
title~~, the~~and ribbons, cartridges, or other devices necessary for	32266
~~data~~the operation of the certificate of title processing~~, and~~	32267
~~removable backup media~~equipment as determined by the automated	32268
title processing board pursuant to division (C) of section 4505.09	32269
of the Revised Code from moneys provided to the clerks from the	32270
automated title processing fund in accordance with division	32271
(B)~~(3)(b)~~ of section 4505.09 of the Revised Code. The clerks shall	32272
furnish all other supplies from other moneys available to the	32273
clerks.	32274

Sec. 1551.33. (A) The director of development services shall	32275
appoint and fix the compensation of the director of the Ohio coal	32276
development office. The director shall serve at the pleasure of	32277
the director of development services.	32278

(B) The director of the office shall do all of the following:

32279

(1) Biennially prepare and maintain the Ohio coal development	32280
agenda required under section 1551.34 of the Revised Code;	32281

(2) Propose and support policies for the office consistent	32282
with the Ohio coal development agenda and develop means to	32283
implement the agenda;	32284

(3) Initiate, undertake, and support projects to carry out	32285
the office's purposes and ensure that the projects are consistent	32286
with and meet the selection criteria established by the Ohio coal	32287
development agenda;	32288

(4) Actively encourage joint participation in and, when	32289
feasible, joint funding of the office's projects with governmental	32290
agencies, electric utilities, universities and colleges, other	32291
public or private interests, or any other person;	32292

(5) Establish a table of organization for and employ such	32293
employees and agents as are necessary for the administration and	32294
operation of the office. Any such employees shall be in the	32295
unclassified service and shall serve at the pleasure of the	32296
director of development services.	32297

(6) ~~Appoint specified members of and convene~~Convene the	32298
technical advisory committee established under section 1551.35 of	32299
the Revised Code;	32300

(7) Review, with the assistance of the technical advisory	32301
committee, proposed coal research and development projects as	32302
defined in section 1555.01 of the Revised Code, and coal	32303
development projects, submitted to the office by public utilities	32304
for the purpose of section 4905.304 of the Revised Code. If the	32305
director and the advisory committee determine that any such	32306
facility or project has as its purpose the enhanced use of Ohio	32307
coal in an environmentally acceptable, cost effective manner,	32308
promotes energy conservation, is cost effective, and is	32309
environmentally sound, the director shall submit to the public	32310
utilities commission a report recommending that the commission	32311
allow the recovery of costs associated with the facility or	32312
project under section 4905.304 of the Revised Code and including	32313
the reasons for the recommendation.	32314

(8) Establish such policies, procedures, and guidelines as	32315
are necessary to achieve the office's purposes.	32316

(C) With the approval of the director of development	32317
services, the director of the office may exercise any of the	32318
powers and duties that the director of development services	32319
considers appropriate or desirable to achieve the office's	32320
purposes, including, but not limited to, the powers and duties	32321
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	32322
Revised Code.	32323

Additionally, the director of the office may make loans to	32324
governmental agencies or persons for projects to carry out the	32325
office's purposes. Fees, charges, rates of interest, times of	32326
payment of interest and principal, and other terms, conditions,	32327
and provisions of the loans shall be such as the director of the	32328
office determines to be appropriate and in furtherance of the	32329
purposes for which the loans are made. The mortgage lien securing	32330
any moneys lent by the director of the office may be subordinate	32331
to the mortgage lien securing any moneys lent or invested by a	32332
financial institution, but shall be superior to that securing any	32333
moneys lent or expended by any other person. The moneys used in	32334
making the loans shall be disbursed upon order of the director of	32335
the office.	32336

Sec. 1551.35. (A) There is hereby established a technical	32337
advisory committee to assist the director of the Ohio coal	32338
development office in achieving the office's purposes. The	32339
director of development services shall appoint to the committee	32340
one member of the public utilities commission and one	32341
representative each of coal production companies, the united mine	32342
workers of America, electric utilities, manufacturers that use	32343
Ohio coal, and environmental organizations, as well as two people	32344
with a background in coal research and development technology, one	32345
of whom is employed at the time of the member's appointment by a	32346
state university, as defined in section 3345.011 of the Revised	32347
Code. In addition, the committee shall include four legislative	32348
members. The speaker and minority leader of the house of	32349
representatives each shall appoint one member of the house of	32350
representatives, and the president and minority leader of the	32351
senate each shall appoint one member of the senate, to the	32352
committee. The director of environmental protection shall serve on	32353
the committee as an ex officio member. Any member of the committee	32354
may designate in writing a substitute to serve in the member's	32355
absence on the committee. The director of environmental protection	32356
may designate in writing the chief of the air pollution control	32357
division of the agency to represent the agency. Members shall	32358
serve on the committee at the pleasure of their appointing	32359
authority. Members of the committee appointed by the director of	32360
~~the office~~development services and, notwithstanding section	32361
101.26 of the Revised Code, legislative members of the committee,	32362
when engaged in their official duties as members of the committee,	32363
shall be compensated on a per diem basis in accordance with	32364
division (J) of section 124.15 of the Revised Code, except that	32365
the member of the public utilities commission and, while employed	32366
by a state university, the member with a background in coal	32367
research, shall not be so compensated. Members shall receive their	32368
actual and necessary expenses incurred in the performance of their	32369
duties.	32370

(B) The technical advisory committee shall review and make	32371
recommendations concerning the Ohio coal development agenda	32372
required under section 1551.34 of the Revised Code, project	32373
proposals, research and development projects submitted to the	32374
office by public utilities for the purpose of section 4905.304 of	32375
the Revised Code, proposals for grants, loans, and loan guarantees	32376
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	32377
and such other topics as the director of the office considers	32378
appropriate.	32379

(C) The technical advisory committee may hold an executive	32380
session at any regular or special meeting for the purpose of	32381
considering research and development project proposals or	32382
applications for assistance submitted to the Ohio coal development	32383
office under section 1551.33, or sections 1555.01 to 1555.06, of	32384
the Revised Code, to the extent that the proposals or applications	32385
consist of trade secrets or other proprietary information.	32386

Any materials or data submitted to, made available to, or	32387
received by the ~~department of~~ development services agency or the	32388
director of the Ohio coal development office in connection with	32389
agreements for assistance entered into under this chapter or	32390
Chapter 1555. of the Revised Code, or any information taken from	32391
those materials or data for any purpose, to the extent that the	32392
materials or data consist of trade secrets or other proprietary	32393
information, are not public records for the purposes of section	32394
149.43 of the Revised Code.	32395

As used in this division, "trade secrets" has the same	32396
meaning as in section 1333.61 of the Revised Code.	32397

Sec. 1555.15. There is hereby created in the state treasury	32398
the coal research and development fund. Moneys obtained for coal	32399
research and development projects from federal grants or loans,	32400
private grants, and other sources, and moneys paid into the fund	32401
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	32402
be expended for the purpose of making grants and making or	32403
guaranteeing loans for coal research and development projects that	32404
will encourage the use of Ohio coal, to any individual,	32405
association, or corporation doing business in this state, or to	32406
any educational or scientific institution located in this state as	32407
provided for in Section 15 of Article VIII, Ohio Constitution and	32408
section 1555.08 of the Revised Code, when appropriated for such	32409
purposes by the general assembly. All investment earnings on the	32410
cash balance in the fund shall be credited to the fund.	32411

The director of budget and management shall establish and	32412
maintain records or accounts for or within the coal research and	32413
development fund in such manner as to show the amounts credited to	32414
such fund pursuant to section 1555.08 of the Revised Code and that	32415
the amounts so credited have been expended for the purposes set	32416
forth in Section 15 of Article VIII, Ohio Constitution, and	32417
section 151.07 of the Revised Code. The director of budget and	32418
management may otherwise manage the fund to comply with any	32419
requirements established by federal grants or loans, private	32420
grants, or moneys from other sources.	32421

Sec. 1711.07. The board of directors of a county or	32422
independent agricultural society shall consist of at least eight	32423
members. An employee of the ~~Ohio state university~~OSU extension	32424
~~service~~ and the county school superintendent shall be members ex	32425
officio. Their terms of office shall be determined by the rules of	32426
the department of agriculture. Any vacancy in the board caused by	32427
death, resignation, refusal to qualify, removal from county, or	32428
other cause may be filled by the board until the society's next	32429
annual election, when a director shall be elected for the	32430
unexpired term. There shall be an annual election of directors by	32431
ballot at a time and a place fixed by the board, but this election	32432
shall not be held later than the first Saturday in December 1994,	32433
and not later than the fifteenth day of November each year	32434
thereafter, beginning in 1995. The secretary of the society shall	32435
give notice of ~~such~~the election, for three weeks prior to the	32436
holding thereof, in a newspaper of general circulation in the	32437
county or as provided in section 7.16 of the Revised Code, or by	32438
letter mailed to each member of the society. Only persons holding	32439
membership certificates at the close of the annual county fair, or	32440
at least fifteen calendar days before the date of election, as may	32441
be fixed by the board, may vote, unless ~~such~~the election is held	32442
on the fairground during the fair, in which case all persons	32443
holding membership certificates on the date and hour of the	32444
election may vote. When the election is to be held during the	32445
fair, notice of ~~such~~the election ~~must~~shall be prominently	32446
mentioned in the premium list, in addition to the notice required	32447
in a newspaper. The terms of office of the retiring directors	32448
shall expire, and those of the directors-elect shall begin, not	32449
later than the first Saturday in January 1995, and not later than	32450
the thirtieth day of November each year thereafter, beginning in	32451
1995.	32452

The secretary of ~~such~~the society shall send the name and	32453
address of each member of its board to the director of agriculture	32454
within ten days after the election.	32455

Sec. 1724.03. (A) After the articles of incorporation have	32456
been filed, and at the first meeting of the board of directors of	32457
a county land reutilization corporation, the board shall adopt	32458
regulations for the government of the corporation, the conduct of	32459
its affairs, and the management of its property, consistent with	32460
law and the articles. The content of the regulations shall be	32461
governed by section 1702.11 of the Revised Code to the extent not	32462
inconsistent with this chapter.	32463

(B) The board of directors of a county land reutilization	32464
corporation shall be composed of five, seven, or nine members,	32465
including the county treasurer, at least two of the members of the	32466
board of county commissioners, one representative of the largest	32467
municipal corporation, based on the population according to the	32468
most recent federal decennial census, that is located in the	32469
county, one representative of a township with a population of at	32470
least ten thousand in the unincorporated area of the township	32471
according to the most recent federal decennial census, if at least	32472
two such townships exist in the county, and any remaining members	32473
selected by the treasurer and the county commissioners who are	32474
members of the corporation's board. The township representative	32475
shall be chosen by a majority of the boards of township trustees	32476
of townships with a population of at least ten thousand in the	32477
unincorporated area of the township according to the most recent	32478
federal decennial census. At least one board member shall have	32479
private sector or nonprofit experience in rehabilitation or real	32480
estate acquisitions. A county treasurer and the county	32481
commissioners each may appoint a representative, as a director of	32482
the corporation, to act for the officer at any of the meetings of	32483
the corporation. Except as may otherwise be authorized by the	32484
regulations of the corporation, all members of the board of	32485
directors shall serve without compensation, but shall be	32486
reimbursed for actual and necessary expenses.	32487

Sec. 1739.061. (A)(1) This section applies to both of the	32488
following:	32489

(a) A multiple employer welfare arrangement that issues or	32490
requires the use of a standardized identification card or an	32491
electronic technology for submission and routing of prescription	32492
drug claims;	32493

(b) A person or entity that a multiple employer welfare	32494
arrangement contracts with to issue a standardized identification	32495
card or an electronic technology described in division (A)(1)(a)	32496
of this section.	32497

(2) Notwithstanding division (A)(1) of this section, this	32498
section does not apply to the issuance or required use of a	32499
standardized identification card or an electronic technology for	32500
the submission and routing of prescription drug claims in	32501
connection with any of the following:	32502

(a) Any program or arrangement covering only accident,	32503
credit, dental, disability income, long-term care, hospital	32504
indemnity, medicare supplement, medicare, tricare, specified	32505
disease, or vision care; coverage under a	32506
one-time-limited-duration policy of not longer than six months;	32507
coverage issued as a supplement to liability insurance; insurance	32508
arising out of workers' compensation or similar law; automobile	32509
medical payment insurance; or insurance under which benefits are	32510
payable with or without regard to fault and which is statutorily	32511
required to be contained in any liability insurance policy or	32512
equivalent self-insurance.	32513

(b) Coverage provided under the medicaid~~, as defined in~~	32514
~~section 5111.01 of the Revised Code~~program.	32515

(c) Coverage provided under an employer's self-insurance plan	32516
or by any of its administrators, as defined in section 3959.01 of	32517
the Revised Code, to the extent that federal law supersedes,	32518
preempts, prohibits, or otherwise precludes the application of	32519
this section to the plan and its administrators.	32520

(B) A standardized identification card or an electronic	32521
technology issued or required to be used as provided in division	32522
(A)(1) of this section shall contain uniform prescription drug	32523
information in accordance with either division (B)(1) or (2) of	32524
this section.	32525

(1) The standardized identification card or the electronic	32526
technology shall be in a format and contain information fields	32527
approved by the national council for prescription drug programs or	32528
a successor organization, as specified in the council's or	32529
successor organization's pharmacy identification card	32530
implementation guide in effect on the first day of October most	32531
immediately preceding the issuance or required use of the	32532
standardized identification card or the electronic technology.	32533

(2) If the multiple employer welfare arrangement or person	32534
under contract with it to issue a standardized identification card	32535
or an electronic technology requires the information for the	32536
submission and routing of a claim, the standardized identification	32537
card or the electronic technology shall contain any of the	32538
following information:	32539

(a) The name of the multiple employer welfare arrangement;

32540

(b) The individual's name, group number, and identification	32541
number;	32542

(c) A telephone number to inquire about pharmacy-related	32543
issues;	32544

(d) The issuer's international identification number, labeled	32545
as "ANSI BIN" or "RxBIN";	32546

(e) The processor's control number, labeled as "RxPCN";

32547

(f) The individual's pharmacy benefits group number if	32548
different from the insured's medical group number, labeled as	32549
"RxGrp."	32550

(C) If the standardized identification card or the electronic	32551
technology issued or required to be used as provided in division	32552
(A)(1) of this section is also used for submission and routing of	32553
nonpharmacy claims, the designation "Rx" is required to be	32554
included as part of the labels identified in divisions (B)(2)(d)	32555
and (e) of this section if the issuer's international	32556
identification number or the processor's control number is	32557
different for medical and pharmacy claims.	32558

(D) Each multiple employer welfare arrangement described in	32559
division (A) of this section shall annually file a certificate	32560
with the superintendent of insurance certifying that it or any	32561
person it contracts with to issue a standardized identification	32562
card or electronic technology for submission and routing of	32563
prescription drug claims complies with this section.	32564

(E)(1) Except as provided in division (E)(2) of this section,	32565
if there is a change in the information contained in the	32566
standardized identification card or the electronic technology	32567
issued to an individual, the multiple employer welfare arrangement	32568
or person under contract with it to issue a standardized	32569
identification card or an electronic technology shall issue a new	32570
card or electronic technology to the individual.	32571

(2) A multiple employer welfare arrangement or person under	32572
contract with it is not required under division (E)(1) of this	32573
section to issue a new card or electronic technology to an	32574
individual more than once during a twelve-month period.	32575

(F) Nothing in this section shall be construed as requiring a	32576
multiple employer welfare arrangement to produce more than one	32577
standardized identification card or one electronic technology for	32578
use by individuals accessing health care benefits provided under a	32579
multiple employer welfare arrangement.	32580

Sec. 1751.01. As used in this chapter:

32581

(A)(1) "Basic health care services" means the following	32582
services when medically necessary:	32583

(a) Physician's services, except when such services are	32584
supplemental under division (B) of this section;	32585

(b) Inpatient hospital services;

32586

32587

(d) Emergency health services;

32588

(e) Urgent care services;

32589

(f) Diagnostic laboratory services and diagnostic and	32590
therapeutic radiologic services;	32591

(g) Diagnostic and treatment services, other than	32592
prescription drug services, for biologically based mental	32593
illnesses;	32594

(h) Preventive health care services, including, but not	32595
limited to, voluntary family planning services, infertility	32596
services, periodic physical examinations, prenatal obstetrical	32597
care, and well-child care;	32598

(i) Routine patient care for patients enrolled in an eligible	32599
cancer clinical trial pursuant to section 3923.80 of the Revised	32600
Code.	32601

"Basic health care services" does not include experimental	32602
procedures.	32603

Except as provided by divisions (A)(2) and (3) of this	32604
section in connection with the offering of coverage for diagnostic	32605
and treatment services for biologically based mental illnesses, a	32606
health insuring corporation shall not offer coverage for a health	32607
care service, defined as a basic health care service by this	32608
division, unless it offers coverage for all listed basic health	32609
care services. However, this requirement does not apply to the	32610
coverage of beneficiaries enrolled in medicare pursuant to a	32611
medicare contract, or to the coverage of beneficiaries enrolled in	32612
the federal employee health benefits program pursuant to 5	32613
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	32614
the coverage of beneficiaries under any federal health care	32615
program regulated by a federal regulatory body, or to the coverage	32616
of beneficiaries under any contract covering officers or employees	32617
of the state that has been entered into by the department of	32618
administrative services.	32619

(2) A health insuring corporation may offer coverage for	32620
diagnostic and treatment services for biologically based mental	32621
illnesses without offering coverage for all other basic health	32622
care services. A health insuring corporation may offer coverage	32623
for diagnostic and treatment services for biologically based	32624
mental illnesses alone or in combination with one or more	32625
supplemental health care services. However, a health insuring	32626
corporation that offers coverage for any other basic health care	32627
service shall offer coverage for diagnostic and treatment services	32628
for biologically based mental illnesses in combination with the	32629
offer of coverage for all other listed basic health care services.	32630

(3) A health insuring corporation that offers coverage for	32631
basic health care services is not required to offer coverage for	32632
diagnostic and treatment services for biologically based mental	32633
illnesses in combination with the offer of coverage for all other	32634
listed basic health care services if all of the following apply:	32635

(a) The health insuring corporation submits documentation	32636
certified by an independent member of the American academy of	32637
actuaries to the superintendent of insurance showing that incurred	32638
claims for diagnostic and treatment services for biologically	32639
based mental illnesses for a period of at least six months	32640
independently caused the health insuring corporation's costs for	32641
claims and administrative expenses for the coverage of basic	32642
health care services to increase by more than one per cent per	32643
year.	32644

(b) The health insuring corporation submits a signed letter	32645
from an independent member of the American academy of actuaries to	32646
the superintendent of insurance opining that the increase in costs	32647
described in division (A)(3)(a) of this section could reasonably	32648
justify an increase of more than one per cent in the annual	32649
premiums or rates charged by the health insuring corporation for	32650
the coverage of basic health care services.	32651

(c) The superintendent of insurance makes the following	32652
determinations from the documentation and opinion submitted	32653
pursuant to divisions (A)(3)(a) and (b) of this section:	32654

(i) Incurred claims for diagnostic and treatment services for	32655
biologically based mental illnesses for a period of at least six	32656
months independently caused the health insuring corporation's	32657
costs for claims and administrative expenses for the coverage of	32658
basic health care services to increase by more than one per cent	32659
per year.	32660

(ii) The increase in costs reasonably justifies an increase	32661
of more than one per cent in the annual premiums or rates charged	32662
by the health insuring corporation for the coverage of basic	32663
health care services.	32664

Any determination made by the superintendent under this	32665
division is subject to Chapter 119. of the Revised Code.	32666

(B)(1) "Supplemental health care services" means any health	32667
care services other than basic health care services that a health	32668
insuring corporation may offer, alone or in combination with	32669
either basic health care services or other supplemental health	32670
care services, and includes:	32671

(a) Services of facilities for intermediate or long-term	32672
care, or both;	32673

(b) Dental care services;

32674

(c) Vision care and optometric services including lenses and	32675
frames;	32676

(d) Podiatric care or foot care services;

32677

(e) Mental health services, excluding diagnostic and	32678
treatment services for biologically based mental illnesses;	32679

(f) Short-term outpatient evaluative and crisis-intervention	32680
mental health services;	32681

(g) Medical or psychological treatment and referral services	32682
for alcohol and drug abuse or addiction;	32683

(h) Home health services;

32684

(i) Prescription drug services;

32685

(j) Nursing services;

32686

(k) Services of a dietitian licensed under Chapter 4759. of	32687
the Revised Code;	32688

(l) Physical therapy services;

32689

(m) Chiropractic services;

32690

(n) Any other category of services approved by the	32691
superintendent of insurance.	32692

(2) If a health insuring corporation offers prescription drug	32693
services under this division, the coverage shall include	32694
prescription drug services for the treatment of biologically based	32695
mental illnesses on the same terms and conditions as other	32696
physical diseases and disorders.	32697

(C) "Specialty health care services" means one of the	32698
supplemental health care services listed in division (B) of this	32699
section, when provided by a health insuring corporation on an	32700
outpatient-only basis and not in combination with other	32701
supplemental health care services.	32702

(D) "Biologically based mental illnesses" means	32703
schizophrenia, schizoaffective disorder, major depressive	32704
disorder, bipolar disorder, paranoia and other psychotic	32705
disorders, obsessive-compulsive disorder, and panic disorder, as	32706
these terms are defined in the most recent edition of the	32707
diagnostic and statistical manual of mental disorders published by	32708
the American psychiatric association.	32709

(E) "Closed panel plan" means a health care plan that	32710
requires enrollees to use participating providers.	32711

(F) "Compensation" means remuneration for the provision of	32712
health care services, determined on other than a fee-for-service	32713
or discounted-fee-for-service basis.	32714

(G) "Contractual periodic prepayment" means the formula for	32715
determining the premium rate for all subscribers of a health	32716
insuring corporation.	32717

(H) "Corporation" means a corporation formed under Chapter	32718
1701. or 1702. of the Revised Code or the similar laws of another	32719
state.	32720

(I) "Emergency health services" means those health care	32721
services that must be available on a seven-days-per-week,	32722
twenty-four-hours-per-day basis in order to prevent jeopardy to an	32723
enrollee's health status that would occur if such services were	32724
not received as soon as possible, and includes, where appropriate,	32725
provisions for transportation and indemnity payments or service	32726
agreements for out-of-area coverage.	32727

(J) "Enrollee" means any natural person who is entitled to	32728
receive health care benefits provided by a health insuring	32729
corporation.	32730

(K) "Evidence of coverage" means any certificate, agreement,	32731
policy, or contract issued to a subscriber that sets out the	32732
coverage and other rights to which such person is entitled under a	32733
health care plan.	32734

(L) "Health care facility" means any facility, except a	32735
health care practitioner's office, that provides preventive,	32736
diagnostic, therapeutic, acute convalescent, rehabilitation,	32737
mental health, mental retardation, intermediate care, or skilled	32738
nursing services.	32739

(M) "Health care services" means basic, supplemental, and	32740
specialty health care services.	32741

(N) "Health delivery network" means any group of providers or	32742
health care facilities, or both, or any representative thereof,	32743
that have entered into an agreement to offer health care services	32744
in a panel rather than on an individual basis.	32745

(O) "Health insuring corporation" means a corporation, as	32746
defined in division (H) of this section, that, pursuant to a	32747
policy, contract, certificate, or agreement, pays for, reimburses,	32748
or provides, delivers, arranges for, or otherwise makes available,	32749
basic health care services, supplemental health care services, or	32750
specialty health care services, or a combination of basic health	32751
care services and either supplemental health care services or	32752
specialty health care services, through either an open panel plan	32753
or a closed panel plan.	32754

"Health insuring corporation" does not include a limited	32755
liability company formed pursuant to Chapter 1705. of the Revised	32756
Code, an insurer licensed under Title XXXIX of the Revised Code if	32757
that insurer offers only open panel plans under which all	32758
providers and health care facilities participating receive their	32759
compensation directly from the insurer, a corporation formed by or	32760
on behalf of a political subdivision or a department, office, or	32761
institution of the state, or a public entity formed by or on	32762
behalf of a board of county commissioners, a county board of	32763
developmental disabilities, an alcohol and drug addiction services	32764
board, a board of alcohol, drug addiction, and mental health	32765
services, or a community mental health board, as those terms are	32766
used in Chapters 340. and 5126. of the Revised Code. Except as	32767
provided by division (D) of section 1751.02 of the Revised Code,	32768
or as otherwise provided by law, no board, commission, agency, or	32769
other entity under the control of a political subdivision may	32770
accept insurance risk in providing for health care services.	32771
However, nothing in this division shall be construed as	32772
prohibiting such entities from purchasing the services of a health	32773
insuring corporation or a third-party administrator licensed under	32774
Chapter 3959. of the Revised Code.	32775

(P) "Intermediary organization" means a health delivery	32776
network or other entity that contracts with licensed health	32777
insuring corporations or self-insured employers, or both, to	32778
provide health care services, and that enters into contractual	32779
arrangements with other entities for the provision of health care	32780
services for the purpose of fulfilling the terms of its contracts	32781
with the health insuring corporations and self-insured employers.	32782

(Q) "Intermediate care" means residential care above the	32783
level of room and board for patients who require personal	32784
assistance and health-related services, but who do not require	32785
skilled nursing care.	32786

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	32787
~~the Revised Code.~~	32788

~~(S)~~ "Medical record" means the personal information that	32789
relates to an individual's physical or mental condition, medical	32790
history, or medical treatment.	32791

~~(T) "Medicare" means the program established under Title~~	32792
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	32793
~~1395, as amended.~~	32794

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	32795
provides incentives for enrollees to use participating providers	32796
and that also allows enrollees to use providers that are not	32797
participating providers.	32798

(2) No health insuring corporation may offer an open panel	32799
plan, unless the health insuring corporation is also licensed as	32800
an insurer under Title XXXIX of the Revised Code, the health	32801
insuring corporation, on June 4, 1997, holds a certificate of	32802
authority or license to operate under Chapter 1736. or 1740. of	32803
the Revised Code, or an insurer licensed under Title XXXIX of the	32804
Revised Code is responsible for the out-of-network risk as	32805
evidenced by both an evidence of coverage filing under section	32806
1751.11 of the Revised Code and a policy and certificate filing	32807
under section 3923.02 of the Revised Code.	32808

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	32809
under section 3701.07 of the Revised Code that advocates	32810
osteopathic principles and the practice and perpetuation of	32811
osteopathic medicine by doing any of the following:	32812

(1) Maintaining a department or service of osteopathic	32813
medicine or a committee on the utilization of osteopathic	32814
principles and methods, under the supervision of an osteopathic	32815
physician;	32816

(2) Maintaining an active medical staff, the majority of	32817
which is comprised of osteopathic physicians;	32818

(3) Maintaining a medical staff executive committee that has	32819
osteopathic physicians as a majority of its members.	32820

~~(W)~~(U) "Panel" means a group of providers or health care	32821
facilities that have joined together to deliver health care	32822
services through a contractual arrangement with a health insuring	32823
corporation, employer group, or other payor.	32824

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	32825
the Revised Code, and, unless the context otherwise requires,	32826
includes any insurance company holding a certificate of authority	32827
under Title XXXIX of the Revised Code, any subsidiary and	32828
affiliate of an insurance company, and any government agency.	32829

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	32830
subscriber to a health insuring corporation. A "premium rate" does	32831
not include a one-time membership fee, an annual administrative	32832
fee, or a nominal access fee, paid to a managed health care system	32833
under which the recipient of health care services remains solely	32834
responsible for any charges accessed for those services by the	32835
provider or health care facility.	32836

~~(Z)~~(X) "Primary care provider" means a provider that is	32837
designated by a health insuring corporation to supervise,	32838
coordinate, or provide initial care or continuing care to an	32839
enrollee, and that may be required by the health insuring	32840
corporation to initiate a referral for specialty care and to	32841
maintain supervision of the health care services rendered to the	32842
enrollee.	32843

~~(AA)~~(Y) "Provider" means any natural person or partnership of	32844
natural persons who are licensed, certified, accredited, or	32845
otherwise authorized in this state to furnish health care	32846
services, or any professional association organized under Chapter	32847
1785. of the Revised Code, provided that nothing in this chapter	32848
or other provisions of law shall be construed to preclude a health	32849
insuring corporation, health care practitioner, or organized	32850
health care group associated with a health insuring corporation	32851
from employing certified nurse practitioners, certified nurse	32852
anesthetists, clinical nurse specialists, certified nurse	32853
midwives, dietitians, physician assistants, dental assistants,	32854
dental hygienists, optometric technicians, or other allied health	32855
personnel who are licensed, certified, accredited, or otherwise	32856
authorized in this state to furnish health care services.	32857

~~(BB)~~(Z) "Provider sponsored organization" means a	32858
corporation, as defined in division (H) of this section, that is	32859
at least eighty per cent owned or controlled by one or more	32860
hospitals, as defined in section 3727.01 of the Revised Code, or	32861
one or more physicians licensed to practice medicine or surgery or	32862
osteopathic medicine and surgery under Chapter 4731. of the	32863
Revised Code, or any combination of such physicians and hospitals.	32864
Such control is presumed to exist if at least eighty per cent of	32865
the voting rights or governance rights of a provider sponsored	32866
organization are directly or indirectly owned, controlled, or	32867
otherwise held by any combination of the physicians and hospitals	32868
described in this division.	32869

~~(CC)~~(AA) "Solicitation document" means the written materials	32870
provided to prospective subscribers or enrollees, or both, and	32871
used for advertising and marketing to induce enrollment in the	32872
health care plans of a health insuring corporation.	32873

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	32874
making payments to a health insuring corporation for participation	32875
in a health care plan, or an enrollee whose employment or other	32876
status is the basis of eligibility for enrollment in a health	32877
insuring corporation.	32878

~~(EE)~~(CC) "Urgent care services" means those health care	32879
services that are appropriately provided for an unforeseen	32880
condition of a kind that usually requires medical attention	32881
without delay but that does not pose a threat to the life, limb,	32882
or permanent health of the injured or ill person, and may include	32883
such health care services provided out of the health insuring	32884
corporation's approved service area pursuant to indemnity payments	32885
or service agreements.	32886

Sec. 1751.11. (A) Every subscriber of a health insuring	32887
corporation is entitled to an evidence of coverage for the health	32888
care plan under which health care benefits are provided.	32889

(B) Every subscriber of a health insuring corporation that	32890
offers basic health care services is entitled to an identification	32891
card or similar document that specifies the health insuring	32892
corporation's name as stated in its articles of incorporation, and	32893
any trade or fictitious names used by the health insuring	32894
corporation. The identification card or document shall list at	32895
least one toll-free telephone number that provides the subscriber	32896
with access, to information on a twenty-four-hours-per-day,	32897
seven-days-per-week basis, as to how health care services may be	32898
obtained. The identification card or document shall also list at	32899
least one toll-free number that, during normal business hours,	32900
provides the subscriber with access to information on the coverage	32901
available under the subscriber's health care plan and information	32902
on the health care plan's internal and external review processes.	32903

(C) No evidence of coverage, or amendment to the evidence of	32904
coverage, shall be delivered, issued for delivery, renewed, or	32905
used, until the form of the evidence of coverage or amendment has	32906
been filed by the health insuring corporation with the	32907
superintendent of insurance. If the superintendent does not	32908
disapprove the evidence of coverage or amendment within sixty days	32909
after it is filed it shall be deemed approved, unless the	32910
superintendent sooner gives approval for the evidence of coverage	32911
or amendment. With respect to an amendment to an approved evidence	32912
of coverage, the superintendent only may disapprove provisions	32913
amended or added to the evidence of coverage. If the	32914
superintendent determines within the sixty-day period that any	32915
evidence of coverage or amendment fails to meet the requirements	32916
of this section, the superintendent shall so notify the health	32917
insuring corporation and it shall be unlawful for the health	32918
insuring corporation to use such evidence of coverage or	32919
amendment. At any time, the superintendent, upon at least thirty	32920
days' written notice to a health insuring corporation, may	32921
withdraw an approval, deemed or actual, of any evidence of	32922
coverage or amendment on any of the grounds stated in this	32923
section. Such disapproval shall be effected by a written order,	32924
which shall state the grounds for disapproval and shall be issued	32925
in accordance with Chapter 119. of the Revised Code.	32926

(D) No evidence of coverage or amendment shall be delivered,	32927
issued for delivery, renewed, or used:	32928

(1) If it contains provisions or statements that are	32929
inequitable, untrue, misleading, or deceptive;	32930

(2) Unless it contains a clear, concise, and complete	32931
statement of the following:	32932

(a) The health care services and insurance or other benefits,	32933
if any, to which an enrollee is entitled under the health care	32934
plan;	32935

(b) Any exclusions or limitations on the health care	32936
services, type of health care services, benefits, or type of	32937
benefits to be provided, including copayments and deductibles;	32938

(c) An enrollee's personal financial obligation for	32939
noncovered services;	32940

(d) Where and in what manner general information and	32941
information as to how health care services may be obtained is	32942
available, including a toll-free telephone number;	32943

(e) The premium rate with respect to individual and	32944
conversion contracts, and relevant copayment and deductible	32945
provisions with respect to all contracts. The statement of the	32946
premium rate, however, may be contained in a separate insert.	32947

(f) The method utilized by the health insuring corporation	32948
for resolving enrollee complaints;	32949

(g) The utilization review, internal review, and external	32950
review procedures established under sections 1751.77 to 1751.83	32951
and Chapter 3922. of the Revised Code.	32952

(3) Unless it provides for the continuation of an enrollee's	32953
coverage, in the event that the enrollee's coverage under the	32954
group policy, contract, certificate, or agreement terminates while	32955
the enrollee is receiving inpatient care in a hospital. This	32956
continuation of coverage shall terminate at the earliest	32957
occurrence of any of the following:	32958

(a) The enrollee's discharge from the hospital;

32959

(b) The determination by the enrollee's attending physician	32960
that inpatient care is no longer medically indicated for the	32961
enrollee; however, nothing in division (D)(3)(b) of this section	32962
precludes a health insuring corporation from engaging in	32963
utilization review as described in the evidence of coverage.	32964

(c) The enrollee's reaching the limit for contractual	32965
benefits;	32966

(d) The effective date of any new coverage.

32967

(4) Unless it contains a provision that states, in substance,	32968
that the health insuring corporation is not a member of any	32969
guaranty fund, and that in the event of the health insuring	32970
corporation's insolvency, an enrollee is protected only to the	32971
extent that the hold harmless provision required by section	32972
1751.13 of the Revised Code applies to the health care services	32973
rendered;	32974

(5) Unless it contains a provision that states, in substance,	32975
that in the event of the insolvency of the health insuring	32976
corporation, an enrollee may be financially responsible for health	32977
care services rendered by a provider or health care facility that	32978
is not under contract to the health insuring corporation, whether	32979
or not the health insuring corporation authorized the use of the	32980
provider or health care facility.	32981

(E) Notwithstanding divisions (C) and (D) of this section, a	32982
health insuring corporation may use an evidence of coverage that	32983
provides for the coverage of beneficiaries enrolled in medicare	32984
pursuant to a medicare contract, or an evidence of coverage that	32985
provides for the coverage of beneficiaries enrolled in the federal	32986
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	32987
an evidence of coverage that provides for the coverage of medicaid	32988
recipients, or an evidence of coverage that provides for the	32989
coverage of beneficiaries under any other federal health care	32990
program regulated by a federal regulatory body, or an evidence of	32991
coverage that provides for the coverage of beneficiaries under any	32992
contract covering officers or employees of the state that has been	32993
entered into by the department of administrative services, if both	32994
of the following apply:	32995

(1) The evidence of coverage has been approved by the United	32996
States department of health and human services, the United States	32997
office of personnel management, the ~~Ohio~~ department of ~~job and~~	32998
~~family services~~medicaid, or the department of administrative	32999
services.	33000

(2) The evidence of coverage is filed with the superintendent	33001
of insurance prior to use and is accompanied by documentation of	33002
approval from the United States department of health and human	33003
services, the United States office of personnel management, the	33004
~~Ohio~~ department of ~~job and family services~~medicaid, or the	33005
department of administrative services.	33006

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	33007
no premium rate for nongroup and conversion policies for health	33008
care services, or any amendment to them, may be used by any health	33009
insuring corporation at any time until the contractual periodic	33010
prepayment and premium rate, or amendment, have been filed with	33011
the superintendent of insurance, and shall not be effective until	33012
the expiration of sixty days after their filing unless the	33013
superintendent sooner gives approval. The filing shall be	33014
accompanied by an actuarial certification in the form prescribed	33015
by the superintendent. The superintendent shall disapprove the	33016
filing, if the superintendent determines within the sixty-day	33017
period that the contractual periodic prepayment or premium rate,	33018
or amendment, is not in accordance with sound actuarial principles	33019
or is not reasonably related to the applicable coverage and	33020
characteristics of the applicable class of enrollees. The	33021
superintendent shall notify the health insuring corporation of the	33022
disapproval, and it shall thereafter be unlawful for the health	33023
insuring corporation to use the contractual periodic prepayment or	33024
premium rate, or amendment.	33025

(2) No contractual periodic prepayment for group policies for	33026
health care services shall be used until the contractual periodic	33027
prepayment has been filed with the superintendent. The filing	33028
shall be accompanied by an actuarial certification in the form	33029
prescribed by the superintendent. The superintendent may reject a	33030
filing made under division (A)(2) of this section at any time,	33031
with at least thirty days' written notice to a health insuring	33032
corporation, if the contractual periodic prepayment is not in	33033
accordance with sound actuarial principles or is not reasonably	33034
related to the applicable coverage and characteristics of the	33035
applicable class of enrollees.	33036

(3) At any time, the superintendent, upon at least thirty	33037
days' written notice to a health insuring corporation, may	33038
withdraw the approval given under division (A)(1) of this section,	33039
deemed or actual, of any contractual periodic prepayment or	33040
premium rate, or amendment, based on information that either of	33041
the following applies:	33042

(a) The contractual periodic prepayment or premium rate, or	33043
amendment, is not in accordance with sound actuarial principles.	33044

(b) The contractual periodic prepayment or premium rate, or	33045
amendment, is not reasonably related to the applicable coverage	33046
and characteristics of the applicable class of enrollees.	33047

(4) Any disapproval under division (A)(1) of this section,	33048
any rejection of a filing made under division (A)(2) of this	33049
section, or any withdrawal of approval under division (A)(3) of	33050
this section, shall be effected by a written notice, which shall	33051
state the specific basis for the disapproval, rejection, or	33052
withdrawal and shall be issued in accordance with Chapter 119. of	33053
the Revised Code.	33054

(B) Notwithstanding division (A) of this section, a health	33055
insuring corporation may use a contractual periodic prepayment or	33056
premium rate for policies used for the coverage of beneficiaries	33057
enrolled in medicare pursuant to a medicare risk contract or	33058
medicare cost contract, or for policies used for the coverage of	33059
beneficiaries enrolled in the federal employees health benefits	33060
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	33061
coverage of medicaid recipients, or for policies used for the	33062
coverage of beneficiaries under any other federal health care	33063
program regulated by a federal regulatory body, or for policies	33064
used for the coverage of beneficiaries under any contract covering	33065
officers or employees of the state that has been entered into by	33066
the department of administrative services, if both of the	33067
following apply:	33068

(1) The contractual periodic prepayment or premium rate has	33069
been approved by the United States department of health and human	33070
services, the United States office of personnel management, the	33071
department of ~~job and family services~~medicaid, or the department	33072
of administrative services.	33073

(2) The contractual periodic prepayment or premium rate is	33074
filed with the superintendent prior to use and is accompanied by	33075
documentation of approval from the United States department of	33076
health and human services, the United States office of personnel	33077
management, the department of ~~job and family services~~medicaid, or	33078
the department of administrative services.	33079

(C) The administrative expense portion of all contractual	33080
periodic prepayment or premium rate filings submitted to the	33081
superintendent for review must reflect the actual cost of	33082
administering the product. The superintendent may require that the	33083
administrative expense portion of the filings be itemized and	33084
supported.	33085

(D)(1) Copayments must be reasonable and must not be a	33086
barrier to the necessary utilization of services by enrollees.	33087

(2) A health insuring corporation, in order to ensure that	33088
copayments are reasonable and not a barrier to the necessary	33089
utilization of basic health care services by enrollees, may do one	33090
of the following:	33091

(a) Impose copayment charges on any single covered basic	33092
health care service that does not exceed forty per cent of the	33093
average cost to the health insuring corporation of providing the	33094
service;	33095

(b) Impose copayment charges that annually do not exceed	33096
twenty per cent of the total annual cost to the health insuring	33097
corporation of providing all covered basic health care services,	33098
including physician office visits, urgent care services, and	33099
emergency health services, when aggregated as to all persons	33100
covered under the filed product in question. In addition, annual	33101
copayment charges as to each enrollee shall not exceed twenty per	33102
cent of the total annual cost to the health insuring corporation	33103
of providing all covered basic health care services, including	33104
physician office visits, urgent care services, and emergency	33105
health services, as to such enrollee. The total annual cost of	33106
providing a health care service is the cost to the health insuring	33107
corporation of providing the health care service to its enrollees	33108
as reduced by any applicable provider discount.	33109

(3) To ensure that copayments are reasonable and not a	33110
barrier to the utilization of basic health care services, a health	33111
insuring corporation may not impose, in any contract year, on any	33112
subscriber or enrollee, copayments that exceed two hundred per	33113
cent of the average annual premium rate to subscribers or	33114
enrollees.	33115

(4) For purposes of division (D) of this section, both of the	33116
following apply:	33117

(a) Copayments imposed by health insuring corporations in	33118
connection with a high deductible health plan that is linked to a	33119
health savings account are reasonable and are not a barrier to the	33120
necessary utilization of services by enrollees.	33121

(b) Divisions (D)(2) and (3) of this section do not apply to	33122
a high deductible health plan that is linked to a health savings	33123
account.	33124

(E) A health insuring corporation shall not impose lifetime	33125
maximums on basic health care services. However, a health insuring	33126
corporation may establish a benefit limit for inpatient hospital	33127
services that are provided pursuant to a policy, contract,	33128
certificate, or agreement for supplemental health care services.	33129

(F) A health insuring corporation may require that an	33130
enrollee pay an annual deductible that does not exceed one	33131
thousand dollars per enrollee or two thousand dollars per family,	33132
except that:	33133

(1) A health insuring corporation may impose higher	33134
deductibles for high deductible health plans that are linked to	33135
health savings accounts;	33136

(2) The superintendent may adopt rules allowing different	33137
annual deductible amounts for plans with a medical savings	33138
account, health reimbursement arrangement, flexible spending	33139
account, or similar account;	33140

(3) A health insuring corporation may impose higher	33141
deductibles under health plans if requested by the group contract,	33142
policy, certificate, or agreement holder, or an individual seeking	33143
coverage under an individual health plan. This shall not be	33144
construed as requiring the health insuring corporation to create	33145
customized health plans for group contract holders or individuals.	33146

(G) As used in this section, "health savings account" and	33147
"high deductible health plan" have the same meanings as in the	33148
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	33149
amended.	33150

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	33151
Revised Code, any policy, contract, or agreement for health care	33152
services authorized by this chapter that is issued, delivered, or	33153
renewed in this state and that provides that coverage of an	33154
unmarried dependent child will terminate upon attainment of the	33155
limiting age for dependent children specified in the policy,	33156
contract, or agreement, shall also provide in substance both of	33157
the following:	33158

(1) Once an unmarried child has attained the limiting age for	33159
dependent children, as provided in the policy, contract, or	33160
agreement, upon the request of the subscriber, the health insuring	33161
corporation shall offer to cover the unmarried child until the	33162
child attains twenty-eight years of age if all of the following	33163
are true:	33164

(a) The child is the natural child, stepchild, or adopted	33165
child of the subscriber.	33166

(b) The child is a resident of this state or a full-time	33167
student at an accredited public or private institution of higher	33168
education.	33169

(c) The child is not employed by an employer that offers any	33170
health benefit plan under which the child is eligible for	33171
coverage.	33172

(d) The child is not eligible for coverage under the medicaid	33173
program ~~established under Chapter 5111. of the Revised Code~~ or the	33174
medicare program ~~established under Title XVIII of the "Social~~	33175
~~Security Act," 42 U.S.C. 1395~~.	33176

(2) That attainment of the limiting age for dependent	33177
children shall not operate to terminate the coverage of a	33178
dependent child if the child is and continues to be both of the	33179
following:	33180

(a) Incapable of self-sustaining employment by reason of	33181
mental retardation or physical handicap;	33182

(b) Primarily dependent upon the subscriber for support and	33183
maintenance.	33184

(B) Proof of incapacity and dependence for purposes of	33185
division (A)(2) of this section shall be furnished to the health	33186
insuring corporation within thirty-one days of the child's	33187
attainment of the limiting age. Upon request, but not more	33188
frequently than annually, the health insuring corporation may	33189
require proof satisfactory to it of the continuance of such	33190
incapacity and dependency.	33191

33192

(1) Require that any policy, contract, or agreement offer	33193
coverage for dependent children or provide coverage for an	33194
unmarried dependent child's children as dependents on the policy,	33195
contract, or agreement;	33196

(2) Require an employer to pay for any part of the premium	33197
for an unmarried dependent child that has attained the limiting	33198
age for dependents, as provided in the policy, contract, or	33199
agreement;	33200

(3) Require an employer to offer health insurance coverage to	33201
the dependents of any employee.	33202

(D) This section does not apply to any health insuring	33203
corporation policy, contract, or agreement offering only	33204
supplemental health care services or specialty health care	33205
services.	33206

(E) As used in this section, "health benefit plan" has the	33207
same meaning as in section 3924.01 of the Revised Code and also	33208
includes both of the following:	33209

(1) A public employee benefit plan;

33210

(2) A health benefit plan as regulated under the "Employee	33211
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	33212

Sec. 1751.271. (A) Each health insuring corporation that	33213
provides coverage to medicaid recipients shall post a performance	33214
bond in the amount of three million dollars as security to fulfill	33215
the obligations of the health insuring corporation to pay claims	33216
of contracted providers for covered health care services provided	33217
to medicaid recipients. The bond shall be payable to the	33218
department of insurance in the event that the health insuring	33219
corporation is placed in rehabilitation or liquidation proceedings	33220
under Chapter 3903. of the Revised Code, and shall become a	33221
special deposit subject to section 3903.14 or 3903.421 of the	33222
Revised Code, as applicable. In lieu of the performance bond, a	33223
medicaid health insuring corporation may deposit securities with	33224
the superintendent of insurance, acceptable to the superintendent,	33225
in the amount of three million dollars, to satisfy the bonding	33226
requirements of this section. Upon rehabilitation or liquidation,	33227
the securities shall become a special deposit subject to sections	33228
3903.14 and 3903.421 of the Revised Code, as applicable. The	33229
health insuring corporation shall receive the interest on the	33230
deposited securities as long as the health insuring corporation	33231
remains solvent.	33232

(B) The bond shall be issued by a surety company licensed	33233
with the department of insurance. The bond or deposit, or any	33234
replacement bond or deposit, shall be in a form acceptable to the	33235
superintendent, and shall remain in effect during the duration of	33236
the medicaid health insuring corporation's license and thereafter	33237
until all claims against the medicaid health insuring corporation	33238
have been paid in full.	33239

(C) Documentation of the bond acceptable to the	33240
superintendent of insurance shall be filed with the superintendent	33241
prior to the issuance of a certificate of authority. Annually,	33242
thirty days prior to the renewal of its certificate of authority,	33243
every medicaid health insuring corporation shall furnish the	33244
superintendent of insurance with evidence that the required bond	33245
is still in effect.	33246

(D) As used in this section:

33247

(1) "Contracted provider" means a provider that has a	33248
contract with a medicaid health insuring corporation to provide	33249
covered health care services to medicaid recipients.	33250

(2) "Medicaid health insuring corporation" means a health	33251
insuring corporation that provides health insurance coverage or	33252
otherwise assumes claims liabilities for medicaid recipients.	33253

(3) "Medicaid recipient" means a person ~~eligible for~~	33254
~~assistance under~~enrolled in the medicaid program ~~operated~~	33255
~~pursuant to Chapter 5111. of the Revised Code~~.	33256

Sec. 1751.31. (A) Any changes in a health insuring	33257
corporation's solicitation document shall be filed with the	33258
superintendent of insurance. The superintendent, within sixty days	33259
of filing, may disapprove any solicitation document or amendment	33260
to it on any of the grounds stated in this section. Such	33261
disapproval shall be effected by written notice to the health	33262
insuring corporation. The notice shall state the grounds for	33263
disapproval and shall be issued in accordance with Chapter 119. of	33264
the Revised Code.	33265

(B) The solicitation document shall contain all information	33266
necessary to enable a consumer to make an informed choice as to	33267
whether or not to enroll in the health insuring corporation. The	33268
information shall include a specific description of the health	33269
care services to be available and the approximate number and type	33270
of full-time equivalent medical practitioners. The information	33271
shall be presented in the solicitation document in a manner that	33272
is clear, concise, and intelligible to prospective applicants in	33273
the proposed service area.	33274

(C) Every potential applicant whose subscription to a health	33275
care plan is solicited shall receive, at or before the time of	33276
solicitation, a solicitation document approved by the	33277
superintendent.	33278

(D) Notwithstanding division (A) of this section, a health	33279
insuring corporation may use a solicitation document that the	33280
corporation uses in connection with policies for medicare	33281
beneficiaries pursuant to a medicare risk contract or medicare	33282
cost contract, or for policies for beneficiaries of the federal	33283
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	33284
for policies for medicaid recipients, or for policies for	33285
beneficiaries of any other federal health care program regulated	33286
by a federal regulatory body, or for policies for beneficiaries of	33287
contracts covering officers or employees of the state entered into	33288
by the department of administrative services, if both of the	33289
following apply:	33290

(1) The solicitation document has been approved by the United	33291
States department of health and human services, the United States	33292
office of personnel management, the department of ~~job and family~~	33293
~~services~~medicaid, or the department of administrative services.	33294

(2) The solicitation document is filed with the	33295
superintendent of insurance prior to use and is accompanied by	33296
documentation of approval from the United States department of	33297
health and human services, the United States office of personnel	33298
management, the department of ~~job and family services~~medicaid, or	33299
the department of administrative services.	33300

(E) No health insuring corporation, or its agents or	33301
representatives, shall use monetary or other valuable	33302
consideration, engage in misleading or deceptive practices, or	33303
make untrue, misleading, or deceptive representations to induce	33304
enrollment. Nothing in this division shall prohibit incentive	33305
forms of remuneration such as commission sales programs for the	33306
health insuring corporation's employees and agents.	33307

(F) Any person obligated for any part of a premium rate in	33308
connection with an enrollment agreement, in addition to any right	33309
otherwise available to revoke an offer, may cancel such agreement	33310
within seventy-two hours after having signed the agreement or	33311
offer to enroll. Cancellation occurs when written notice of the	33312
cancellation is given to the health insuring corporation or its	33313
agents or other representatives. A notice of cancellation mailed	33314
to the health insuring corporation shall be considered to have	33315
been filed on its postmark date.	33316

(G) Nothing in this section shall prohibit healthy lifestyle	33317
programs.	33318

Sec. 1751.60. (A) Except as provided for in divisions (E)	33319
and (F) of this section, every provider or health care facility	33320
that contracts with a health insuring corporation to provide	33321
health care services to the health insuring corporation's	33322
enrollees or subscribers shall seek compensation for covered	33323
services solely from the health insuring corporation and not,	33324
under any circumstances, from the enrollees or subscribers, except	33325
for approved copayments and deductibles.	33326

(B) No subscriber or enrollee of a health insuring	33327
corporation is liable to any contracting provider or health care	33328
facility for the cost of any covered health care services, if the	33329
subscriber or enrollee has acted in accordance with the evidence	33330
of coverage.	33331

(C) Except as provided for in divisions (E) and (F) of this	33332
section, every contract between a health insuring corporation and	33333
provider or health care facility shall contain a provision	33334
approved by the superintendent of insurance requiring the provider	33335
or health care facility to seek compensation solely from the	33336
health insuring corporation and not, under any circumstances, from	33337
the subscriber or enrollee, except for approved copayments and	33338
deductibles.	33339

(D) Nothing in this section shall be construed as preventing	33340
a provider or health care facility from billing the enrollee or	33341
subscriber of a health insuring corporation for noncovered	33342
services.	33343

(E) Upon application by a health insuring corporation and a	33344
provider or health care facility, the superintendent may waive the	33345
requirements of divisions (A) and (C) of this section when, in	33346
addition to the reserve requirements contained in section 1751.28	33347
of the Revised Code, the health insuring corporation provides	33348
sufficient assurances to the superintendent that the provider or	33349
health care facility has been provided with financial guarantees.	33350
No waiver of the requirements of divisions (A) and (C) of this	33351
section is effective as to enrollees or subscribers for whom the	33352
health insuring corporation is compensated under a provider	33353
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	33354
~~or 5115. of the Revised Code~~under the medicaid program.	33355

(F) The requirements of divisions (A) to (C) of this section	33356
apply only to health care services provided to an enrollee or	33357
subscriber prior to the effective date of a termination of a	33358
contract between the health insuring corporation and the provider	33359
or health care facility.	33360

Sec. 1901.10. (A)~~(1)(a)~~ The judges of ~~the~~a municipal court	33361
and officers of the court shall take an oath of office as provided	33362
in section 3.23 of the Revised Code. ~~The~~	33363

(B) The office of judge of ~~the~~a municipal court is subject	33364
to forfeiture, and the judge may be removed from office, for the	33365
causes and by the procedure provided in sections 3.07 to 3.10 of	33366
the Revised Code. A vacancy in the office of judge exists upon the	33367
death, resignation, forfeiture, removal from office, or absence	33368
from official duties for a period of six consecutive months, as	33369
determined under this section, of the judge and also by reason of	33370
the expiration of the term of an incumbent when no successor has	33371
been elected or qualified. ~~The chief justice of the supreme court~~	33372
~~may designate a judge of another municipal court to act until that~~	33373
~~vacancy is filled in accordance with section 107.08 of the Revised~~	33374
~~Code.~~ A vacancy resulting from the absence of a judge from	33375
official duties for a period of six consecutive months shall be	33376
determined and declared by the legislative authority.	33377

~~(b)~~(C)(1) If a vacancy occurs in the office of judge or clerk	33378
of ~~the~~a municipal court after the one-hundredth day before the	33379
first Tuesday after the first Monday in May and prior to the	33380
fortieth day before the day of the general election, all	33381
candidates for election to the unexpired term of the judge or	33382
clerk shall file nominating petitions with the board of elections	33383
not later than four p.m. on the tenth day following the day on	33384
which the vacancy occurs, except that, when the vacancy occurs	33385
fewer than six days before the fortieth day before the general	33386
election, the deadline for filing shall be four p.m. on the	33387
thirty-sixth day before the day of the general election.	33388

~~(c)~~(2) Each nominating petition referred to in division	33389
~~(A)~~(C)(1)~~(b)~~ of this section shall be in the form prescribed in	33390
section 3513.261 of the Revised Code and shall be signed by at	33391
least fifty qualified electors of the territory of the municipal	33392
court. No nominating petition shall be accepted for filing or	33393
filed if it appears on its face to contain signatures aggregating	33394
in number more than twice the minimum aggregate number of	33395
signatures required by this section.	33396

~~(2) If a judge of a municipal court that has only one judge~~	33397
~~is temporarily absent, incapacitated, or otherwise unavailable,~~	33398
~~the judge may appoint a substitute who has the qualifications~~	33399
~~required by section 1901.06 of the Revised Code or a retired judge~~	33400
~~of a court of record who is a qualified elector and a resident of~~	33401
~~the territory of the court. If the judge is unable to make the~~	33402
~~appointment, the chief justice of the supreme court shall appoint~~	33403
~~a substitute. The appointee shall serve during the absence,~~	33404
~~incapacity, or unavailability of the incumbent, shall have the~~	33405
~~jurisdiction and powers conferred upon the judge of the municipal~~	33406
~~court, and shall be styled "acting judge." During that time of~~	33407
~~service, the acting judge shall sign all process and records and~~	33408
~~shall perform all acts pertaining to the office, except that of~~	33409
~~removal and appointment of officers of the court. All courts shall~~	33410
~~take judicial notice of the selection and powers of the acting~~	33411
~~judge. The incumbent judge shall establish the amount of~~	33412
~~compensation of an acting judge upon either a per diem, hourly, or~~	33413
~~other basis, but the rate of pay shall not exceed the per diem~~	33414
~~amount received by the incumbent judge.~~	33415

~~(B) When the volume of cases pending in any municipal court~~	33416
~~necessitates an additional judge, the chief justice of the supreme~~	33417
~~court, upon the written request of the judge or presiding judge of~~	33418
~~that municipal court, may designate a judge of another municipal~~	33419
~~court or county court to serve for any period of time that the~~	33420
~~chief justice may prescribe. The compensation of a judge so~~	33421
~~designated shall be paid from the city treasury or, in the case of~~	33422
~~a county-operated municipal court, from the county treasury. In~~	33423
~~addition to the annual salary provided for in section 1901.11 of~~	33424
~~the Revised Code and in addition to any compensation under~~	33425
~~division (A)(5) or (6) of section 141.04 of the Revised Code to~~	33426
~~which the judge is entitled in connection with the judge's own~~	33427
~~court, a full-time or part-time judge while holding court outside~~	33428
~~the judge's territory on the designation of the chief justice~~	33429
~~shall receive actual and necessary expenses and compensation as~~	33430
~~follows:~~	33431

~~(1) A full-time judge shall receive thirty dollars for each~~	33432
~~day of the assignment.~~	33433

~~(2) A part-time judge shall receive for each day of the~~	33434
~~assignment the per diem compensation of the judges of the court to~~	33435
~~which the judge is assigned, less the per diem amount paid to~~	33436
~~those judges pursuant to section 141.04 of the Revised Code,~~	33437
~~calculated on the basis of two hundred fifty working days per~~	33438
~~year.~~	33439

~~If a request is made by a judge or the presiding judge of a~~	33440
~~municipal court to designate a judge of another municipal court~~	33441
~~because of the volume of cases in the court for which the request~~	33442
~~is made and the chief justice reports, in writing, that no~~	33443
~~municipal or county court judge is available to serve by~~	33444
~~designation, the judges of the court requesting the designation~~	33445
~~may appoint a substitute as provided in division (A)(2) of this~~	33446
~~section, who may serve for any period of time that is prescribed~~	33447
~~by the chief justice. The substitute judge shall be paid in the~~	33448
~~same manner and at the same rate as the incumbent judges, except~~	33449
~~that, if the substitute judge is entitled to compensation under~~	33450
~~division (A)(5) or (6) of section 141.04 of the Revised Code, then~~	33451
~~section 1901.121 of the Revised Code shall govern its payment.~~	33452

Sec. 1901.12. (A) A ~~municipal~~ judge of a municipal court is	33453
entitled to thirty days of vacation in each calendar year. Not	33454
less than two hundred forty days of open session of the municipal	33455
court shall be held by each judge during the year, unless all	33456
business of the court is disposed of sooner.	33457

(B) ~~When a court consists of a single judge, a qualified~~	33458
~~substitute may be appointed in accordance with division (A)(2) of~~	33459
~~section 1901.10 of the Revised Code to serve during the thirty-day~~	33460
~~vacation period, who shall be paid in the same manner and at the~~	33461
~~same rate as the incumbent judge, except that, if the substitute~~	33462
~~judge is entitled to compensation under division (A)(5) or (6) of~~	33463
~~section 141.04 of the Revised Code, then section 1901.121 of the~~	33464
~~Revised Code shall govern its payment.~~ If a municipal court	33465
consists of two or more judges, ~~one of the judges shall be in~~	33466
~~attendance at the court at all times, and~~ the presiding judge	33467
shall have the authority to designate the vacation period for each	33468
judge~~, and when necessary, to appoint a substitute for the judge~~	33469
~~when on vacation or not in attendance~~. ~~If a court consists of more~~	33470
~~than two judges, two-thirds of the court shall be in attendance at~~	33471
~~all times, and the presiding judge shall have authority to~~	33472
~~designate the vacation period of each judge, and, when necessary,~~	33473
~~to appoint a substitute for any judge on vacation or not in~~	33474
~~attendance.~~	33475

Sec. 1901.121. (A)(1) If a vacancy occurs in the office of a	33476
judge of a municipal court that consists of only one judge or if	33477
the judge of a municipal court of that nature is incapacitated or	33478
unavailable due to disqualification, suspension, or recusal, the	33479
chief justice of the supreme court may assign a sitting judge of	33480
another court of record or a retired judge of a court of record to	33481
temporarily serve on the court in accordance with rules adopted by	33482
the supreme court pursuant to division (A)(1) of Section 5 of	33483
Article IV, Ohio Constitution. The assignee shall be styled	33484
"assigned judge" and shall serve for any period of time the chief	33485
justice may prescribe.	33486

(2) If a judge of a municipal court that consists of only one	33487
judge is otherwise temporarily absent for a reason other than as	33488
specified in division (A)(1) of this section, the judge may do	33489
either of the following:	33490

(a) Appoint a substitute who is a resident of the territory	33491
of the court or, if the territory of the court has a population of	33492
less than twenty-five thousand according to the latest federal	33493
decennial census and the judge is unable to appoint a substitute	33494
who is a resident of the territory of the court, appoint a	33495
substitute who is a resident of the territory of a municipal or	33496
county court that is contiguous to the court. The appointee shall	33497
either be admitted to the practice of law in this state and have	33498
been, for a total of at least six years preceding appointment,	33499
engaged in the practice of law in this state or a judge of a court	33500
of record in any jurisdiction in the United States or be a retired	33501
judge of a court of record. The appointee shall be styled "acting	33502
judge" and shall temporarily serve on the court during the	33503
temporary absence of the incumbent judge.	33504

(b) Request the chief justice of the supreme court to assign	33505
a sitting judge of another court of record or a retired judge of a	33506
court of record to temporarily serve on the court in accordance	33507
with rules adopted by the supreme court pursuant to division	33508
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	33509
shall be styled "assigned judge" and shall serve for any period of	33510
time the chief justice may prescribe.	33511

(B) If a vacancy occurs in the office of a judge of a	33512
municipal court that consists of two judges or if a judge of a	33513
municipal court of that nature is incapacitated, unavailable, or	33514
temporarily absent, the presiding judge may do either of the	33515
following:	33516

(1) Appoint a substitute who is a resident of the territory	33517
of the court or, if the territory of the court has a population of	33518
less than twenty-five thousand according to the latest federal	33519
decennial census and the judge is unable to appoint a substitute	33520
who is a resident of the territory of the court, appoint a	33521
substitute who is a resident of the territory of a municipal or	33522
county court that is contiguous to the court. The appointee shall	33523
either be admitted to the practice of law in this state and have	33524
been, for a total of at least six years preceding appointment,	33525
engaged in the practice of law in this state or a judge of a court	33526
of record in any jurisdiction in the United States or be a retired	33527
judge of a court of record. The appointee shall be styled "acting	33528
judge" and shall temporarily serve on the court during the vacancy	33529
or the incapacity, unavailability, or temporary absence of the	33530
incumbent judge.	33531

(2) Request the chief justice of the supreme court to assign	33532
a sitting judge of another court of record or a retired judge of a	33533
court of record to temporarily serve on the court in accordance	33534
with rules adopted by the supreme court pursuant to division	33535
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	33536
shall be styled "assigned judge" and shall serve for any period of	33537
time the chief justice may prescribe.	33538

(C) If a vacancy occurs in the office of a judge of a	33539
municipal court that consists of three or more judges or if a	33540
judge of a municipal court of that nature is incapacitated,	33541
unavailable, or temporarily absent, the presiding judge may do	33542
either of the following:	33543

(1) If no other judge of the court is available to perform	33544
the duties of the judge, appoint a substitute who is a resident of	33545
the territory of the court. The appointee shall either be admitted	33546
to the practice of law in this state and have been, for a total of	33547
at least six years preceding appointment, engaged in the practice	33548
of law in this state or a judge of a court of record in any	33549
jurisdiction in the United States or be a retired judge of a court	33550
of record. The appointee shall be styled "acting judge" and shall	33551
temporarily serve on the court during the vacancy or the	33552
incapacity, unavailability, or temporary absence of the incumbent	33553
judge.	33554

(2) Request the chief justice of the supreme court to assign	33555
a sitting judge of another court of record or a retired judge of a	33556
court of record to temporarily serve on the court in accordance	33557
with rules adopted by the supreme court pursuant to division	33558
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	33559
shall be styled "assigned judge" and shall serve for any period of	33560
time the chief justice may prescribe.	33561

(D) When the volume of cases pending in any municipal court	33562
necessitates an additional judge, the judge, if the court consists	33563
of a single judge, or the presiding judge, if the court consists	33564
of two or more judges, may request the chief justice of the	33565
supreme court to assign a sitting judge of another court of record	33566
or a retired judge of a court of record to temporarily serve on	33567
the court in accordance with rules adopted by the supreme court	33568
pursuant to division (A)(1) of Section 5 of Article IV, Ohio	33569
Constitution. The appointee shall be styled "assigned judge" and	33570
shall serve for any period of time the chief justice may	33571
prescribe.	33572

(E) An acting judge appointed pursuant to division (A)(2)(a),	33573
(B)(1), or (C)(1) of this section and an assigned judge assigned	33574
pursuant to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of	33575
this section shall have the jurisdiction and adjudicatory powers	33576
conferred upon the judge of the municipal court. During the time	33577
of service, the acting judge or assigned judge shall sign all	33578
process and records and shall perform all acts pertaining to the	33579
office, except that of removal and appointment of officers of the	33580
municipal court. All courts shall take judicial notice of the	33581
selection and powers of the acting judge or assigned judge.	33582

Sec. 1901.122. (A)(1) An acting judge appointed pursuant to	33583
division (A)(2)(a), (B)(1), or (C)(1) of section 1901.121 of the	33584
Revised Code shall receive reimbursement for actual and necessary	33585
expenses and a per diem compensation established by the incumbent	33586
judge, subject to the following limitations:	33587

(a) If the incumbent judge receives compensation as described	33588
in division (A)(5) of section 141.04 of the Revised Code, the per	33589
diem compensation of the acting judge shall not exceed the per	33590
diem compensation paid to the incumbent judge based upon a work	33591
year of two hundred fifty days.	33592

(b) If the incumbent judge receives compensation as described	33593
in division (A)(6) of section 141.04 of the Revised Code, the per	33594
diem compensation of the acting judge shall not exceed the per	33595
diem compensation paid to the incumbent judge based upon a work	33596
year of one hundred thirty days.	33597

(2) The per diem compensation of the acting judge shall be	33598
payable in the same manner as the compensation paid to the	33599
incumbent judge during the same period.	33600

(B) An assigned judge assigned pursuant to division (A)(1),	33601
(A)(2)(b), (B)(2), (C)(2), or (D) of section 1901.121 of the	33602
Revised Code shall receive reimbursement for actual and necessary	33603
expenses and a per diem compensation computed as follows:	33604

(1) If the assigned judge receives compensation as described	33605
in division (A)(5) of section 141.04 of the Revised Code, thirty	33606
dollars;	33607

(2) If the assigned judge receives compensation as described	33608
in division (A)(6) of section 141.04 of the Revised Code, the per	33609
diem compensation of a judge of a municipal court compensated as	33610
described in division (A)(5) of section 141.04 of the Revised	33611
Code, less the per diem compensation of the assigned judge, each	33612
calculated on the basis of two hundred fifty working days per	33613
year;	33614

(3) If the assigned judge is a retired judge of a municipal	33615
or county court or a court of common pleas, the established per	33616
diem compensation for a judge of a municipal court compensated as	33617
described in division (A)(5) of section 141.04 of the Revised	33618
Code, calculated on the basis of two hundred fifty working days	33619
per year, in addition to any retirement benefits to which the	33620
assigned judge may be entitled;	33621

(4) If the assigned judge is a sitting judge of the court of	33622
appeals or a court of common pleas, fifty dollars.	33623

Sec. 1901.123. (A)(1) Subject to reimbursement under	33624
division (B) of this section, the treasurer of the county in which	33625
a county-operated municipal court or other municipal court is	33626
located shall pay the per diem compensation to which an acting	33627
judge appointed pursuant to division (A)(2)(a), (B)(1), or (C)(1)	33628
of section 1901.121 of the Revised Code is entitled pursuant to	33629
division (A)(1) of section 1901.122 of the Revised Code.	33630

(2) Subject to reimbursement under division (B) of this	33631
section, the treasurer of the county in which a county-operated	33632
municipal court or other municipal court is located shall pay the	33633
per diem compensation to which an assigned judge assigned pursuant	33634
to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of section	33635
1901.121 of the Revised Code is entitled pursuant to division (B)	33636
of section 1901.122 of the Revised Code.	33637

(B) The treasurer of a county that, pursuant to division (A)	33638
of this section, is required to pay any compensation to which an	33639
acting judge or assigned judge is entitled under division (A)(5)	33640
or (6) of section 141.04 of the Revised Code, shall submit to the	33641
administrative director of the supreme court quarterly requests	33642
for reimbursements of the per diem amounts so paid. The requests	33643
shall include verifications of the payment of those amounts and an	33644
affidavit from the acting judge or assigned judge stating the days	33645
and hours worked. The administrative director shall cause	33646
reimbursements of those amounts to be issued to the county if the	33647
administrative director verifies that those amounts were, in fact,	33648
so paid.	33649

Sec. 1907.14. (A) A judge of a county court shall take an	33650
oath of office as provided in section 3.23 of the Revised Code,	33651
~~the~~.	33652

(B) The office of judge of a county court is subject to	33653
forfeiture, and a judge may be removed from office, for the causes	33654
and by the procedure provided in sections 3.07 to 3.10 of the	33655
Revised Code.	33656

~~When a judge of a county court is temporarily absent,~~	33657
~~incapacitated, or otherwise unavailable, the judge may appoint a~~	33658
~~substitute having the qualifications required by section 1907.13~~	33659
~~of the Revised Code or may appoint a retired judge of a court of~~	33660
~~record in the state who is a qualified elector and a resident of~~	33661
~~the county court district. If the judge is unable to make the~~	33662
~~appointment, the administrative judge of the county court district~~	33663
~~or the administrative judge of the court of common pleas of the~~	33664
~~county shall appoint the substitute. The appointee shall serve~~	33665
~~during the absence, incapacity, or unavailability of the~~	33666
~~incumbent, shall have the jurisdiction and powers conferred upon~~	33667
~~the judge of the county court, and shall be styled "acting judge."~~	33668
~~During that term of service, the acting judge shall sign all~~	33669
~~process and records and perform all acts pertaining to the office~~	33670
~~except that of removal and appointment of officers of the court.~~	33671
~~All courts shall take judicial notice of the selection and powers~~	33672
~~of the acting judge. The incumbent judge shall establish the~~	33673
~~amount of the compensation of an acting judge on a per diem,~~	33674
~~hourly, or other basis, and the compensation shall not exceed the~~	33675
~~per diem compensation paid to the incumbent judge based upon a~~	33676
~~work year of one hundred thirty days. The compensation shall be~~	33677
~~payable in the same manner as the compensation paid to the~~	33678
~~incumbent judge during the same period.~~	33679

Sec. 1907.141. (A)(1) If a vacancy occurs in the office of a	33680
judge of a county court that consists of only one judge or if the	33681
judge of a county court of that nature is incapacitated or	33682
unavailable due to disqualification, suspension, or recusal, the	33683
chief justice of the supreme court may assign a sitting judge of	33684
another court of record or a retired judge of a court of record to	33685
temporarily serve on the court in accordance with rules adopted by	33686
the supreme court pursuant to division (A)(1) of Section 5 of	33687
Article IV, Ohio Constitution. The assignee shall be styled	33688
"assigned judge" and shall serve for any period of time the chief	33689
justice may prescribe.	33690

(2) If a judge of a county court that consists of only one	33691
judge is temporarily absent for a reason other than as specified	33692
in division (A)(1) of this section, the judge may do either of the	33693
following:	33694

(a) Appoint a substitute who is a resident of the territory	33695
of the court or, if the territory of the court has a population of	33696
less than twenty-five thousand according to the latest federal	33697
decennial census and the judge is unable to appoint a substitute	33698
who is a resident of the territory of the court, appoint a	33699
substitute who is a resident of the territory of a municipal or	33700
county court that is contiguous to the court. The appointee shall	33701
either be admitted to the practice of law in this state and have	33702
been, for a total of at least six years preceding appointment,	33703
engaged in the practice of law in this state or a judge of a court	33704
of record in any jurisdiction in the United States or be a retired	33705
judge of a court of record. The appointee shall be styled "acting	33706
judge" and shall temporarily serve on the court during the	33707
temporary absence of the incumbent judge.	33708

(b) Request the chief justice of the supreme court to assign	33709
a sitting judge of another court of record or a retired judge of a	33710
court of record to temporarily serve on the court in accordance	33711
with rules adopted by the supreme court pursuant to division	33712
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	33713
shall be styled "assigned judge" and shall serve for any period of	33714
time the chief justice may prescribe.	33715

(B) If a vacancy occurs in the office of a judge of a county	33716
court that consists of two judges or if a judge of a county court	33717
of that nature is incapacitated, unavailable, or temporarily	33718
absent, the presiding judge may do either of the following:	33719

(1) Appoint a substitute who is a resident of the territory	33720
of the court or, if the territory of the court has a population of	33721
less than twenty-five thousand according to the latest federal	33722
decennial census and the judge is unable to appoint a substitute	33723
who is a resident of the territory of the court, appoint a	33724
substitute who is a resident of the territory of a municipal or	33725
county court that is contiguous to the court. The appointee shall	33726
either be admitted to the practice of law in this state and have	33727
been, for a total of at least six years preceding appointment,	33728
engaged in the practice of law in this state or a judge of a court	33729
of record in any jurisdiction in the United States or be a retired	33730
judge of a court of record. The appointee shall be styled "acting	33731
judge" and shall temporarily serve on the court during the vacancy	33732
or the incapacity, unavailability, or temporary absence of the	33733
incumbent judge.	33734

(2) Request the chief justice of the supreme court to assign	33735
a sitting judge of another court of record or a retired judge of a	33736
court of record to temporarily serve on the court in accordance	33737
with rules adopted by the supreme court pursuant to division	33738
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	33739
shall be styled "assigned judge" and shall serve for any period of	33740
time the chief justice may prescribe.	33741

(C) If a vacancy occurs in the office of a judge of a county	33742
court that consists of three or more judges or if a judge of a	33743
county court of that nature is incapacitated, unavailable, or	33744
temporarily absent, the presiding judge may do either of the	33745
following:	33746

(1) If no other judge of the court is available to perform	33747
the duties of the judge, appoint a substitute who is a resident of	33748
the territory of the court. The appointee shall either be admitted	33749
to the practice of law in this state and have been, for a total of	33750
at least six years preceding appointment, engaged in the practice	33751
of law in this state or a judge of a court of record in any	33752
jurisdiction in the United States or be a retired judge of a court	33753
of record. The appointee shall be styled "acting judge" and shall	33754
temporarily serve on the court during the vacancy or the	33755
incapacity, unavailability, or temporary absence of the incumbent	33756
judge.	33757

(2) Request the chief justice of the supreme court to assign	33758
a sitting judge of another court of record or a retired judge of a	33759
court of record to temporarily serve on the court in accordance	33760
with rules adopted by the supreme court pursuant to division	33761
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	33762
shall be styled "assigned judge" and shall serve for any period of	33763
time the chief justice may prescribe	33764

(D) An acting judge appointed pursuant to division (A)(2)(a),	33765
(B)(1), or (C)(1) of this section and an assigned judge assigned	33766
pursuant to division (A)(1), (A)(2)(b), (B)(2), or (C)(2) of this	33767
section shall have the jurisdiction and adjudicatory powers	33768
conferred upon the judge of the county court. During the time of	33769
service, the acting judge or assigned judge shall sign all process	33770
and records and shall perform all acts pertaining to the office,	33771
except that of removal and appointment of officers of the court.	33772
All courts shall take judicial notice of the selection and powers	33773
of the acting judge or assigned judge.	33774

Sec. 1907.142. (A) An acting judge appointed pursuant to	33775
division (A)(2)(a), (B)(1), or (C)(1) of section 1907.141 of the	33776
Revised Code shall receive reimbursement for actual and necessary	33777
expenses and a per diem compensation established by the incumbent	33778
judge, provided the per diem compensation of the acting judge	33779
shall not exceed the per diem compensation paid to the incumbent	33780
judge based upon a work year of one hundred thirty days. The per	33781
diem compensation of the acting judge shall be payable in the same	33782
manner as the compensation paid to the incumbent judge during the	33783
same period.	33784

(B) An assigned judge assigned pursuant to division (A)(1),	33785
(A)(2)(b), (B)(2), or (C)(2) of section 1907.141 of the Revised	33786
Code shall receive reimbursement for actual and necessary expenses	33787
and a per diem compensation computed as follows:	33788

(1) If the assigned judge receives compensation as described	33789
in division (A)(5) of section 141.04 of the Revised Code, thirty	33790
dollars;	33791

(2) If the assigned judge receives compensation as described	33792
in division (A)(6) of section 141.04 of the Revised Code, the per	33793
diem compensation of a judge of a municipal court compensated as	33794
described in division (A)(5) of section 141.04 of the Revised	33795
Code, less the per diem compensation of the assigned judge, each	33796
calculated on the basis of two hundred fifty working days per	33797
year;	33798

(3) If the assigned judge is a retired judge of a municipal	33799
or county court or a court of common pleas, the established per	33800
diem compensation for a judge of a municipal court compensated as	33801
described in division (A)(5) of section 141.04 of the Revised	33802
Code, calculated on the basis of two hundred fifty working days	33803
per year, in addition to any retirement benefits to which the	33804
assigned judge may be entitled;	33805

(4) If the assigned judge is a sitting judge of the court of	33806
appeals or a court of common pleas, fifty dollars.	33807

Sec. 1907.143. (A)(1) Subject to reimbursement under	33808
division (B) of this section, the treasurer of the county in which	33809
a county court is located shall pay the per diem compensation to	33810
which an acting judge appointed pursuant to division (A)(2)(b),	33811
(B)(1), or (C)(1) of section 1907.141 of the Revised Code is	33812
entitled pursuant to division (A) of section 1907.142 of the	33813
Revised Code.	33814

(2) Subject to reimbursement under division (B) of this	33815
section, the treasurer of the county in which a county court is	33816
located shall pay the per diem compensation to which an assigned	33817
judge assigned pursuant to division (A)(1), (A)(2)(b), (B)(2), or	33818
(C)(2) of section 1907.141 of the Revised Code is entitled	33819
pursuant to division (B) of section 1907.142 of the Revised Code.	33820

(B) The treasurer of a county that, pursuant to division (A)	33821
of this section, is required to pay any compensation to which an	33822
acting judge or assigned judge is entitled under division (A)(5)	33823
or (6) of section 141.04 of the Revised Code, shall submit to the	33824
administrative director of the supreme court quarterly requests	33825
for reimbursements of the per diem amounts so paid. The requests	33826
shall include verifications of the payment of those amounts and an	33827
affidavit from the acting judge or assigned judge stating the days	33828
and hours worked. The administrative director shall cause	33829
reimbursements of those amounts to be issued to the county if the	33830
administrative director verifies that those amounts were, in fact,	33831
so paid.	33832

Sec. 1923.14. (A) Except as otherwise provided in this	33833
section, within ten days after receiving a writ of execution	33834
described in division (A) or (B) of section 1923.13 of the Revised	33835
Code, the sheriff, police officer, constable, or bailiff shall	33836
execute it by restoring the plaintiff to the possession of the	33837
premises, and shall levy and collect the costs and make return, as	33838
upon other executions. If an appeal from the judgment of	33839
restitution is filed and if, following the filing of the appeal, a	33840
stay of execution is obtained and any required bond is filed with	33841
the court of common pleas, municipal court, or county court, the	33842
judge of that court immediately shall issue an order to the	33843
sheriff, police officer, constable, or bailiff commanding the	33844
delay of all further proceedings upon the execution. If the	33845
premises have been restored to the plaintiff, the sheriff, police	33846
officer, constable, or bailiff shall forthwith place the defendant	33847
in possession of them, and return the writ with the sheriff's,	33848
police officer's, constable's, or bailiff's proceedings and the	33849
costs taxed on it.	33850

(B)(1) After a court of common pleas, municipal court, or	33851
county court issues a writ of execution described in division (B)	33852
of section 1923.13 of the Revised Code, the clerk of the court	33853
shall send by regular mail, to the last known address of the	33854
titled owner of the manufactured home, mobile home, or	33855
recreational vehicle that is the subject of the writ and to the	33856
last known address of each other person who is listed on the writ	33857
as having any outstanding right, title, or interest in the home,	33858
vehicle, or personal property and to the auditor and treasurer of	33859
the county in which the court is located, a written notice that	33860
the home or vehicle potentially may be sold, destroyed, or have	33861
its title transferred under the circumstances described in	33862
division (B)(3) or (4) of this section.	33863

(2) Except as otherwise provided in this division, after	33864
receiving a writ of execution described in division (B) of section	33865
1923.13 of the Revised Code, and after causing the defendant to be	33866
removed from the residential premises of the manufactured home	33867
park, if necessary, in accordance with the writ, the sheriff,	33868
police officer, constable, or bailiff may cause the manufactured	33869
home, mobile home, or recreational vehicle that is the subject of	33870
the writ, and all personal property on the residential premises,	33871
at the sheriff's, police officer's, constable's, or bailiff's	33872
option, either to be removed from the manufactured home park and,	33873
if necessary, moved to a storage facility of the sheriff's, police	33874
officer's, constable's, or bailiff's choice, or to be retained at	33875
their current location on the residential premises, until they are	33876
claimed by the defendant or they are disposed of in a manner	33877
authorized by division (B)(3), (4), or (6) of this section or by	33878
another section of the Revised Code. The sheriff, police officer,	33879
constable, or bailiff shall not cause the manufactured home,	33880
mobile home, or recreational vehicle that is the subject of the	33881
writ, or the personal property, to be removed from the	33882
manufactured home park or moved to a storage facility if the	33883
holder of any outstanding lien, right, title, or interest in the	33884
home or vehicle, other than the titled owner of the home or	33885
vehicle, meets the conditions set forth in division (B)(6) or (7)	33886
of this section.	33887

The sheriff, police officer, constable, or bailiff who	33888
removes the manufactured home, mobile home, or recreational	33889
vehicle, or the abandoned personal property, from the residential	33890
premises shall be immune from civil liability pursuant to section	33891
2744.03 of the Revised Code for any damage caused to the home,	33892
vehicle, or any personal property during the removal. The park	33893
operator shall not be liable for any damage caused by the park	33894
operator's removal of the manufactured home, mobile home, or	33895
recreational vehicle or the removal of the personal property from	33896
the residential premises, or for any damage to the home, vehicle,	33897
or personal property during the time the home, vehicle, or	33898
property remains abandoned or stored in the manufactured home	33899
park, unless the damage is the result of acts that the park	33900
operator or the park operator's agents or employees performed with	33901
malicious purpose, in bad faith, or in a wanton or reckless	33902
manner. The reasonable costs for a removal of the manufactured	33903
home, mobile home, or recreational vehicle and personal property	33904
and, as applicable, the reasonable costs for its storage shall	33905
constitute a lien upon the home or vehicle payable by the titled	33906
owner of the home or vehicle or payable pursuant to division	33907
(B)(3) of this section.	33908

(3) Except as provided in divisions (B)(4), (5), and (6) of	33909
this section and division (D) of section 1923.12 of the Revised	33910
Code, within sixty days after receiving a writ of execution	33911
described in division (B) of section 1923.13 of the Revised Code,	33912
the sheriff, police officer, constable, or bailiff shall commence	33913
proceedings for the sale of the manufactured home, mobile home, or	33914
recreational vehicle that is the subject of the writ, and the	33915
abandoned personal property on the residential premises, if the	33916
home or vehicle is determined to be abandoned in accordance with	33917
the procedures for the sale of goods on execution under Chapter	33918
2329. of the Revised Code. In addition to all notices required to	33919
be given under section 2329.13 of the Revised Code, the sheriff,	33920
police officer, constable, or bailiff shall serve at their	33921
respective last known addresses a written notice of the date,	33922
time, and place of the sale upon all persons who are listed on the	33923
writ of execution as having any outstanding right, title, or	33924
interest in the abandoned manufactured home, mobile home, or	33925
recreational vehicle and the personal property and shall provide	33926
written notice to the auditor and the treasurer of the county in	33927
which the court issuing the writ is located.	33928

Unless the proceedings are governed by division (D) of	33929
section 1923.12 of the Revised Code, notwithstanding any statutory	33930
provision to the contrary, including, but not limited to, section	33931
2329.66 of the Revised Code, there shall be no stay of execution	33932
or exemption from levy or sale on execution available to the	33933
titled owner of the abandoned manufactured home, mobile home, or	33934
recreational vehicle in relation to a sale under this division.	33935
Except as otherwise provided in sections 2113.031, 2117.25, and	33936
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	33937
resident or resident's estate, the sheriff, police officer,	33938
constable, or bailiff shall distribute the proceeds from the sale	33939
of an abandoned manufactured home, mobile home, or recreational	33940
vehicle and any personal property under this division in the	33941
following manner:	33942

(a) The sheriff, police officer, constable, or bailiff shall	33943
first pay the costs for any moving of and any storage outside the	33944
manufactured home park of the home or vehicle and any personal	33945
property pursuant to division (B)(2) of this section, the costs of	33946
the sale, including reimbursing the park operator for the deposit	33947
that the park operator paid to the clerk of court under division	33948
(C) of section 1923.12 of the Revised Code, and any unpaid court	33949
costs assessed against the defendant in the underlying action.	33950

(b) Following the payment required by division (B)(3)(a) of	33951
this section, the sheriff, police officer, constable, or bailiff	33952
shall pay all outstanding tax liens on the home or vehicle.	33953

(c) Following the payment required by division (B)(3)(b) of	33954
this section, the sheriff, police officer, constable, or bailiff	33955
shall pay all other outstanding security interests, liens, or	33956
encumbrances on the home or vehicle by priority of filing or other	33957
priority.	33958

(d) Following the payment required by division (B)(3)(c) of	33959
this section, the sheriff, police officer, constable, or bailiff	33960
shall pay any outstanding monetary judgment rendered under section	33961
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	33962
and any costs associated with retaining the home or vehicle prior	33963
to the sale at its location on the residential premises within the	33964
manufactured home park pursuant to division (B)(2) of this	33965
section.	33966

(e) After complying with divisions (B)(3)(a) to (d) of this	33967
section, the sheriff, police officer, constable, or bailiff shall	33968
report any remaining money as unclaimed funds pursuant to Chapter	33969
169. of the Revised Code.	33970

Upon the return of any writ of execution for the satisfaction	33971
of which an abandoned manufactured home, mobile home, or	33972
recreational vehicle has been sold under this division, on careful	33973
examination of the proceedings of the sheriff, police officer,	33974
constable, or bailiff conducting the sale, if the court that	33975
issued the writ finds that the sale was made, in all respects, in	33976
conformity with the relevant provisions of Chapter 2329. of the	33977
Revised Code and with this division, it shall direct the clerk of	33978
the court to make an entry on the journal that the court is	33979
satisfied with the legality of the sale and the court shall direct	33980
the clerk of the court of common pleas of the county in which the	33981
writ was issued to issue a certificate of title, free and clear of	33982
all security interests, liens, and encumbrances, to the purchaser	33983
of the home or vehicle. The clerk of the court of common pleas	33984
shall issue the new certificate of title to the purchaser of the	33985
home or vehicle regardless of whether the writ was issued by the	33986
court of common pleas or another court duly authorized to issue	33987
the writ. If the manufactured home, mobile home, or recreational	33988
vehicle sold under this division is located in a manufactured home	33989
park, the purchaser of the home or vehicle shall have no right to	33990
maintain the home or vehicle in the manufactured home park without	33991
the park operator's consent and the sheriff, police officer,	33992
constable, or bailiff conducting the sale shall notify all	33993
prospective purchasers of this fact prior to the commencement of	33994
the sale.	33995

If, after it is offered for sale on two occasions under this	33996
division, the abandoned manufactured home, mobile home, or	33997
recreational vehicle cannot be sold due to a want of bidders, the	33998
sheriff, police officer, constable, or bailiff shall present the	33999
writ of execution unsatisfied to the clerk of the court of common	34000
pleas of the county in which the writ was issued for the issuance	34001
by the clerk in the manner prescribed in section 4505.10 of the	34002
Revised Code of a certificate of title transferring the title of	34003
the home or vehicle to the plaintiff, free and clear of all	34004
security interests, liens, and encumbrances. The clerk of the	34005
court of common pleas shall issue the new certificate of title	34006
transferring the title of the manufactured home, mobile home, or	34007
recreational vehicle to the plaintiff regardless of whether the	34008
writ was issued by the court of common pleas or another court duly	34009
authorized to issue the writ. If any taxes are owed on the home or	34010
vehicle at this time, the county auditor shall remove the	34011
delinquent taxes from the manufactured home tax list and the	34012
delinquent manufactured home tax list and remit any penalties for	34013
late payment of manufactured home taxes. Acceptance of the	34014
certificate of title by the plaintiff terminates all further	34015
proceedings under this section.	34016

(4) Except as provided in division (B)(5) or (6) of this	34017
section and division (D) of section 1923.12 of the Revised Code,	34018
within sixty days after receiving a writ of execution described in	34019
division (B) of section 1923.13 of the Revised Code, if the	34020
manufactured home, mobile home, or recreational vehicle is	34021
determined to be abandoned and to have a value of less than three	34022
thousand dollars, the sheriff, police officer, constable, or	34023
bailiff shall serve at their respective last known addresses a	34024
written notice of potential action as described in this division	34025
upon all persons who are listed on the writ as having any	34026
outstanding right, title, or interest in the home or vehicle. This	34027
notice shall be in addition to all notices required to be given	34028
under section 2329.13 of the Revised Code. Subject to the	34029
fulfillment of these notice requirements, the sheriff, police	34030
officer, constable, or bailiff shall take one of the following	34031
actions with respect to the abandoned manufactured home, mobile	34032
home, or recreational vehicle:	34033

(a) Cause its destruction if there is no person having an	34034
outstanding right, title, or interest in the home or vehicle,	34035
other than the titled owner of the home or vehicle;	34036

(b) Proceed with its sale under division (B)(3) of this	34037
section;	34038

(c) If there is no person having an outstanding right, title,	34039
or interest in the home or vehicle other than the titled owner of	34040
the home or vehicle, or if there is an outstanding right, title,	34041
or interest in the home or vehicle and the lienholder consents in	34042
writing, present the writ of execution to the clerk of the court	34043
of common pleas of the county in which the writ was issued for the	34044
issuance by the clerk in the manner prescribed in section 4505.10	34045
of the Revised Code of a certificate of title transferring the	34046
title of the home or vehicle to the plaintiff, free and clear of	34047
all security interests, liens, and encumbrances. The clerk of the	34048
court of common pleas shall issue the new certificate of title	34049
transferring the title of the home or vehicle regardless of	34050
whether the writ was issued by the court of common pleas or	34051
another court duly authorized to issue the writ. If any taxes are	34052
owed on the home or vehicle at this time, the county auditor shall	34053
remove the delinquent taxes from the manufactured home tax list	34054
and the delinquent manufactured home tax list and remit any	34055
penalties for late payment of manufactured home taxes. Acceptance	34056
of the certificate of title by the plaintiff terminates all	34057
further proceedings under this section.	34058

(5) At any time prior to the issuance of the writ of	34059
execution described in division (B) of section 1923.13 of the	34060
Revised Code, the titled owner of the manufactured home, mobile	34061
home, or recreational vehicle that would be the subject of the	34062
writ may remove the abandoned home or vehicle from the	34063
manufactured home park or other place of storage upon payment to	34064
the county auditor of all outstanding tax liens on the home or	34065
vehicle and, unless the owner is indigent, payment to the clerk of	34066
court of all unpaid court costs assessed against the defendant in	34067
the underlying action. After the issuance of the writ of	34068
execution, the titled owner of the home or vehicle may remove the	34069
abandoned home or vehicle from the manufactured home park or other	34070
place of storage at any time up to the day before the scheduled	34071
sale, destruction, or transfer of the home or vehicle pursuant to	34072
division (B)(3) or (4) of this section upon payment of all of the	34073
following:	34074

(a) All costs for moving and storage of the home or vehicle	34075
pursuant to division (B)(2) of this section and all costs incurred	34076
by the sheriff, police officer, constable, or bailiff up to and	34077
including the date of the removal of the home or vehicle;	34078

(b) All outstanding tax liens on the home or vehicle;

34079

(c) Unless the owner is indigent, all unpaid court costs	34080
assessed against the defendant in the underlying action.	34081

(6) At any time after the issuance of the writ of execution	34082
described in division (B) of section 1923.13 of the Revised Code,	34083
the holder of any outstanding lien, right, title, or interest in	34084
the manufactured home, mobile home, or recreational vehicle, other	34085
than the titled owner of the home or vehicle, may stop the	34086
sheriff, police officer, constable, or bailiff from proceeding	34087
with the sale under this division by doing both of the following:	34088

(a) Commencing a proceeding to repossess the home or vehicle	34089
pursuant to Chapters 1309. and 1317. of the Revised Code;	34090

(b) Paying to the park operator all monthly rental payments	34091
for the lot on which the home or vehicle is located from the time	34092
of the issuance of the writ of execution until the time that the	34093
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	34094
the Revised Code.	34095

(7)(a) At any time prior to the day before the scheduled sale	34096
of the property pursuant to division (B)(3) of this section, the	34097
defendant may remove any personal property of the defendant from	34098
the abandoned home or vehicle or other place of storage.	34099

(b) If personal property owned by a person other than the	34100
defendant is abandoned on the residential premises and has not	34101
previously been removed, the owner of the personal property may	34102
remove the personal property from the abandoned home or vehicle or	34103
other place of storage up to the day before the scheduled sale of	34104
the property pursuant to division (B)(3) of this section upon	34105
presentation of proof of ownership of the property that is	34106
satisfactory to the sheriff, police officer, constable, or bailiff	34107
conducting the sale.	34108

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	34109
the probate court has exclusive jurisdiction:	34110

(a) To take the proof of wills and to admit to record	34111
authenticated copies of wills executed, proved, and allowed in the	34112
courts of any other state, territory, or country. If the probate	34113
judge is unavoidably absent, any judge of the court of common	34114
pleas may take proof of wills and approve bonds to be given, but	34115
the record of these acts shall be preserved in the usual records	34116
of the probate court.	34117

(b) To grant and revoke letters testamentary and of	34118
administration;	34119

(c) To direct and control the conduct and settle the accounts	34120
of executors and administrators and order the distribution of	34121
estates;	34122

(d) To appoint the attorney general to serve as the	34123
administrator of an estate pursuant to section 2113.06 of the	34124
Revised Code;	34125

(e) To appoint and remove guardians, conservators, and	34126
testamentary trustees, direct and control their conduct, and	34127
settle their accounts;	34128

(f) To grant marriage licenses;

34129

(g) To make inquests respecting persons who are so mentally	34130
impaired as a result of a mental or physical illness or	34131
disability, or mental retardation, or as a result of chronic	34132
substance abuse, that they are unable to manage their property and	34133
affairs effectively, subject to guardianship;	34134

(h) To qualify assignees, appoint and qualify trustees and	34135
commissioners of insolvents, control their conduct, and settle	34136
their accounts;	34137

(i) To authorize the sale of lands, equitable estates, or	34138
interests in lands or equitable estates, and the assignments of	34139
inchoate dower in such cases of sale, on petition by executors,	34140
administrators, and guardians;	34141

(j) To authorize the completion of real property contracts on	34142
petition of executors and administrators;	34143

(k) To construe wills;

34144

(l) To render declaratory judgments, including, but not	34145
limited to, those rendered pursuant to section 2107.084 of the	34146
Revised Code;	34147

(m) To direct and control the conduct of fiduciaries and	34148
settle their accounts;	34149

(n) To authorize the sale or lease of any estate created by	34150
will if the estate is held in trust, on petition by the trustee;	34151

(o) To terminate a testamentary trust in any case in which a	34152
court of equity may do so;	34153

(p) To hear and determine actions to contest the validity of	34154
wills;	34155

(q) To make a determination of the presumption of death of	34156
missing persons and to adjudicate the property rights and	34157
obligations of all parties affected by the presumption;	34158

(r) To hear and determine an action commenced pursuant to	34159
section 3107.41 of the Revised Code to obtain the release of	34160
information pertaining to the birth name of the adopted person and	34161
the identity of the adopted person's biological parents and	34162
biological siblings;	34163

(s) To act for and issue orders regarding wards pursuant to	34164
section 2111.50 of the Revised Code;	34165

(t) To hear and determine actions against sureties on the	34166
bonds of fiduciaries appointed by the probate court;	34167

(u) To hear and determine actions involving informed consent	34168
for medication of persons hospitalized pursuant to section	34169
5122.141 or 5122.15 of the Revised Code;	34170

(v) To hear and determine actions relating to durable powers	34171
of attorney for health care as described in division (D) of	34172
section 1337.16 of the Revised Code;	34173

(w) To hear and determine actions commenced by objecting	34174
individuals, in accordance with section 2133.05 of the Revised	34175
Code;	34176

(x) To hear and determine complaints that pertain to the use	34177
or continuation, or the withholding or withdrawal, of	34178
life-sustaining treatment in connection with certain patients	34179
allegedly in a terminal condition or in a permanently unconscious	34180
state pursuant to division (E) of section 2133.08 of the Revised	34181
Code, in accordance with that division;	34182

(y) To hear and determine applications that pertain to the	34183
withholding or withdrawal of nutrition and hydration from certain	34184
patients allegedly in a permanently unconscious state pursuant to	34185
section 2133.09 of the Revised Code, in accordance with that	34186
section;	34187

(z) To hear and determine applications of attending	34188
physicians in accordance with division (B) of section 2133.15 of	34189
the Revised Code;	34190

(aa) To hear and determine actions relative to the use or	34191
continuation of comfort care in connection with certain principals	34192
under durable powers of attorney for health care, declarants under	34193
declarations, or patients in accordance with division (E) of	34194
either section 1337.16 or 2133.12 of the Revised Code;	34195

(bb) To hear and determine applications for an order	34196
relieving an estate from administration under section 2113.03 of	34197
the Revised Code;	34198

(cc) To hear and determine applications for an order granting	34199
a summary release from administration under section 2113.031 of	34200
the Revised Code;	34201

(dd) To hear and determine actions relating to the exercise	34202
of the right of disposition, in accordance with section 2108.90 of	34203
the Revised Code;	34204

(ee) To hear and determine actions relating to the	34205
disinterment and reinterment of human remains under section 517.23	34206
of the Revised Code;	34207

(ff) To hear and determine petitions for an order for	34208
treatment of a person suffering from alcohol and other drug abuse	34209
filed under section ~~3793.34~~5119.93 of the Revised Code and to	34210
order treatment of that nature in accordance with, and take other	34211
actions afforded to the court under, sections ~~3793.31~~5119.90 to	34212
~~3793.39~~5119.98 of the Revised Code.	34213

(2) In addition to the exclusive jurisdiction conferred upon	34214
the probate court by division (A)(1) of this section, the probate	34215
court shall have exclusive jurisdiction over a particular subject	34216
matter if both of the following apply:	34217

(a) Another section of the Revised Code expressly confers	34218
jurisdiction over that subject matter upon the probate court.	34219

(b) No section of the Revised Code expressly confers	34220
jurisdiction over that subject matter upon any other court or	34221
agency.	34222

(B)(1) The probate court has concurrent jurisdiction with,	34223
and the same powers at law and in equity as, the general division	34224
of the court of common pleas to issue writs and orders, and to	34225
hear and determine actions as follows:	34226

(a) If jurisdiction relative to a particular subject matter	34227
is stated to be concurrent in a section of the Revised Code or has	34228
been construed by judicial decision to be concurrent, any action	34229
that involves that subject matter;	34230

(b) Any action that involves an inter vivos trust; a trust	34231
created pursuant to section 5815.28 of the Revised Code; a	34232
charitable trust or foundation; subject to divisions (A)(1)(u) and	34233
(z) of this section, a power of attorney, including, but not	34234
limited to, a durable power of attorney; the medical treatment of	34235
a competent adult; or a writ of habeas corpus;	34236

(c) Subject to section 2101.31 of the Revised Code, any	34237
action with respect to a probate estate, guardianship, trust, or	34238
post-death dispute that involves any of the following:	34239

(i) A designation or removal of a beneficiary of a life	34240
insurance policy, annuity contract, retirement plan, brokerage	34241
account, security account, bank account, real property, or	34242
tangible personal property;	34243

(ii) A designation or removal of a payable-on-death	34244
beneficiary or transfer-on-death beneficiary;	34245

(iii) A change in the title to any asset involving a joint	34246
and survivorship interest;	34247

(iv) An alleged gift;

34248

(v) The passing of assets upon the death of an individual	34249
otherwise than by will, intestate succession, or trust.	34250

(2) Any action that involves a concurrent jurisdiction	34251
subject matter and that is before the probate court may be	34252
transferred by the probate court, on its order, to the general	34253
division of the court of common pleas.	34254

(C) The probate court has plenary power at law and in equity	34255
to dispose fully of any matter that is properly before the court,	34256
unless the power is expressly otherwise limited or denied by a	34257
section of the Revised Code.	34258

(D) The jurisdiction acquired by a probate court over a	34259
matter or proceeding is exclusive of that of any other probate	34260
court, except when otherwise provided by law.	34261

Sec. 2108.05. (A) A donor may make an anatomical gift by	34262
doing any of the following:	34263

(1) Authorizing a statement or symbol to be imprinted on the	34264
donor's driver's license or identification card indicating that	34265
the donor has certified a willingness to make an anatomical gift;	34266

(2) Specifying in the donor's will an intent to make an	34267
anatomical gift;	34268

(3) Specifying an intent to make an anatomical gift in the	34269
donor's declaration as described in section 2133.16 of the Revised	34270
Code;	34271

(4) During a terminal illness or injury of the donor,	34272
communicating in any manner to a minimum of two adults, at least	34273
one of whom is a disinterested witness, that the donor intends to	34274
make an anatomical gift;	34275

(5) Following the procedure in division (B) of this section.

34276

(B) A donor or other person authorized to make an anatomical	34277
gift under section 2108.04 of the Revised Code may make a gift by	34278
a donor card or other record signed by the donor or other person	34279
making the gift or by authorizing that a statement or symbol	34280
indicating that the donor has certified a willingness to make an	34281
anatomical gift be included in a donor registry. If the donor or	34282
other person is physically unable to sign a record, the record may	34283
be signed by another individual at the direction of the donor or	34284
other person and shall do both of the following:	34285

(1) Be witnessed by at least two adults, at least one of whom	34286
is a disinterested witness, who have signed at the request of the	34287
donor or the other person;	34288

(2) State that it has been signed and witnessed as provided	34289
in division (B)(1) of this section.	34290

(C) Once a donor has authorized a statement or symbol to be	34291
imprinted on the donor's driver's license or identification card	34292
indicating that the donor has certified a willingness to make an	34293
anatomical gift, the donor does not need to recertify the donor's	34294
willingness to make an anatomical gift upon renewal of the	34295
driver's license or identification card. The authorization shall	34296
remain in effect until the donor withdraws that authorization.	34297

(D) Revocation, suspension, expiration, or cancellation of a	34298
driver's license or identification card upon which an anatomical	34299
gift is indicated does not invalidate the gift.	34300

~~(D)~~(E) An anatomical gift made by will takes effect on the	34301
donor's death whether or not the will is probated. Invalidation of	34302
the will after the donor's death does not invalidate the gift.	34303

Sec. 2113.041. (A) The administrator of the medicaid estate	34304
recovery program established pursuant to section ~~5111.11~~5162.21	34305
of the Revised Code may present an affidavit to a financial	34306
institution requesting that the financial institution release	34307
account proceeds to recover the cost of services correctly	34308
provided to a medicaid recipient who is subject to the medicaid	34309
estate recovery program. The affidavit shall include all of the	34310
following information:	34311

(1) The name of the decedent;

34312

(2) The name of any person who gave notice that the decedent	34313
was a medicaid recipient and that person's relationship to the	34314
decedent;	34315

(3) The name of the financial institution;

34316

(4) The account number;

34317

(5) A description of the claim for estate recovery;

34318

(6) The amount of funds to be recovered.

34319

(B) A financial institution may release account proceeds to	34320
the administrator of the medicaid estate recovery program if all	34321
of the following apply:	34322

(1) The decedent held an account at the financial institution	34323
that was in the decedent's name only.	34324

(2) No estate has been, and it is reasonable to assume that	34325
no estate will be, opened for the decedent.	34326

(3) The decedent has no outstanding debts known to the	34327
administrator of the medicaid estate recovery program.	34328

(4) The financial institution has received no objections or	34329
has determined that no valid objections to release of proceeds	34330
have been received.	34331

(C) If proceeds have been released pursuant to division (B)	34332
of this section and the department of ~~job and family services~~	34333
medicaid receives notice of a valid claim to the proceeds that has	34334
a higher priority under section 2117.25 of the Revised Code than	34335
the claim of the medicaid estate recovery program, the department	34336
may refund the proceeds to the financial institution or pay them	34337
to the person or government entity with the claim.	34338

Sec. 2113.06. (A) Administration of the estate of an	34339
intestate shall be granted to persons mentioned in this division,	34340
in the following order:	34341

(1) To the surviving spouse of the deceased, if resident of	34342
the state;	34343

(2) To one of the next of kin of the deceased, resident of	34344
the state.	34345

(B) If the persons entitled to administer the estate under	34346
division (A) of this section fail to take or renounce	34347
administration voluntarily, the matter shall be set for hearing	34348
and notice given to the persons.	34349

(C) If there are no persons entitled to administration, if	34350
they are for any reason unsuitable for the discharge of the trust,	34351
or if without sufficient cause they neglect to apply within a	34352
reasonable time for the administration of the estate, their right	34353
to priority shall be lost, and the court shall commit the	34354
administration to some suitable person who is a resident of the	34355
state, or to the attorney general or the attorney general's	34356
designee, if the department of ~~job and family services~~medicaid is	34357
seeking to recover ~~medical assistance~~the costs of medicaid	34358
services from the deceased pursuant to section ~~5111.11~~5162.21 or	34359
~~5111.111~~5162.211 of the Revised Code. The person granted	34360
administration may be a creditor of the estate.	34361

(D) This section applies to the appointment of an	34362
administrator de bonis non.	34363

Sec. 2117.061. (A) As used in this section:

34364

(1) "Medicaid estate recovery program" means the program	34365
instituted under section ~~5111.11~~5162.21 of the Revised Code.	34366

(2) "Person responsible for the estate" means the executor,	34367
administrator, commissioner, or person who filed pursuant to	34368
section 2113.03 of the Revised Code for release from	34369
administration of an estate.	34370

(B) The person responsible for the estate of a decedent	34371
subject to the medicaid estate recovery program or the estate of a	34372
decedent who was the spouse of a decedent subject to the medicaid	34373
estate recovery program shall submit a properly completed medicaid	34374
estate recovery notice form to the administrator of the medicaid	34375
estate recovery program not later than thirty days after the	34376
occurrence of any of the following:	34377

(1) The granting of letters of administration or letters	34378
testamentary;	34379

(2) The filing of an application for release from	34380
administration or summary release from administration.	34381

(C) The person responsible for the estate shall mark the	34382
appropriate box on the appropriate probate form that gives notice	34383
to the administrator of the medicaid estate recovery program to	34384
indicate compliance with the requirements of division (B) of this	34385
section.	34386

(D) The administrator of the medicaid estate recovery program	34387
shall present a claim for estate recovery to the person	34388
responsible for the estate of the decedent or the person's legal	34389
representative not later than ninety days after the date on which	34390
the medicaid estate recovery notice form is received under	34391
division (B) of this section or one year after the decedent's	34392
death, whichever is later.	34393

Sec. 2117.25. (A) Every executor or administrator shall	34394
proceed with diligence to pay the debts of the decedent and shall	34395
apply the assets in the following order:	34396

(1) Costs and expenses of administration;

34397

(2) An amount, not exceeding four thousand dollars, for	34398
funeral expenses that are included in the bill of a funeral	34399
director, funeral expenses other than those in the bill of a	34400
funeral director that are approved by the probate court, and an	34401
amount, not exceeding three thousand dollars, for burial and	34402
cemetery expenses, including that portion of the funeral	34403
director's bill allocated to cemetery expenses that have been paid	34404
to the cemetery by the funeral director.	34405

For purposes of division (A)(2) of this section, burial and	34406
cemetery expenses shall be limited to the following:	34407

(a) The purchase of a right of interment;

34408

(b) Monuments or other markers;

34409

34410

(d) The cost of opening and closing the place of interment;

34411

(e) The urn.

34412

(3) The allowance for support made to the surviving spouse,	34413
minor children, or both under section 2106.13 of the Revised Code;	34414

(4) Debts entitled to a preference under the laws of the	34415
United States;	34416

(5) Expenses of the last sickness of the decedent;

34417

(6) If the total bill of a funeral director for funeral	34418
expenses exceeds four thousand dollars, then, in addition to the	34419
amount described in division (A)(2) of this section, an amount,	34420
not exceeding two thousand dollars, for funeral expenses that are	34421
included in the bill and that exceed four thousand dollars;	34422

(7) Expenses of the decedent's last continuous stay in a	34423
nursing home as defined in section 3721.01 of the Revised Code,	34424
residential facility as defined in section 5123.19 of the Revised	34425
Code, or hospital long-term care unit as defined in section	34426
~~3721.50~~5168.40 of the Revised Code.	34427

For purposes of division (A)(7) of this section, a decedent's	34428
last ~~continuance~~continuous stay includes up to thirty consecutive	34429
days during which the decedent was temporarily absent from the	34430
nursing home, residential facility, or hospital long-term care	34431
unit.	34432

(8) Personal property taxes, claims made under the medicaid	34433
estate recovery program instituted pursuant to section ~~5111.11~~	34434
5162.21 of the Revised Code, and obligations for which the	34435
decedent was personally liable to the state or any of its	34436
subdivisions;	34437

(9) Debts for manual labor performed for the decedent within	34438
twelve months preceding the decedent's death, not exceeding three	34439
hundred dollars to any one person;	34440

(10) Other debts for which claims have been presented and	34441
finally allowed.	34442

(B) The part of the bill of a funeral director that exceeds	34443
the total of six thousand dollars as described in divisions (A)(2)	34444
and (6) of this section, and the part of a claim included in	34445
division (A)(9) of this section that exceeds three hundred dollars	34446
shall be included as a debt under division (A)(10) of this	34447
section, depending upon the time when the claim for the additional	34448
amount is presented.	34449

(C) Any natural person or fiduciary who pays a claim of any	34450
creditor described in division (A) of this section shall be	34451
subrogated to the rights of that creditor proportionate to the	34452
amount of the payment and shall be entitled to reimbursement for	34453
that amount in accordance with the priority of payments set forth	34454
in that division.	34455

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	34456
to the manner in which and the time within which claims shall be	34457
presented, shall apply to claims set forth in divisions (A)(2),	34458
(6), and (9) of this section. Claims for an expense of	34459
administration or for the allowance for support need not be	34460
presented. The executor or administrator shall pay debts included	34461
in divisions (A)(4) and (8) of this section, of which the executor	34462
or administrator has knowledge, regardless of presentation.	34463

(2) The giving of written notice to an executor or	34464
administrator of a motion or application to revive an action	34465
pending against the decedent at the date of death shall be	34466
equivalent to the presentation of a claim to the executor or	34467
administrator for the purpose of determining the order of payment	34468
of any judgment rendered or decree entered in such an action.	34469

(E) No payments shall be made to creditors of one class until	34470
all those of the preceding class are fully paid or provided for.	34471
If the assets are insufficient to pay all the claims of one class,	34472
the creditors of that class shall be paid ratably.	34473

(F) If it appears at any time that the assets have been	34474
exhausted in paying prior or preferred charges, allowances, or	34475
claims, those payments shall be a bar to an action on any claim	34476
not entitled to that priority or preference.	34477

Sec. 2133.01. Unless the context otherwise requires, as used	34478
in sections 2133.01 to 2133.15 of the Revised Code:	34479

(A) "Adult" means an individual who is eighteen years of age	34480
or older.	34481

(B) "Attending physician" means the physician to whom a	34482
declarant or other patient, or the family of a declarant or other	34483
patient, has assigned primary responsibility for the treatment or	34484
care of the declarant or other patient, or, if the responsibility	34485
has not been assigned, the physician who has accepted that	34486
responsibility.	34487

34488

(1) Nutrition when administered to diminish the pain or	34489
discomfort of a declarant or other patient, but not to postpone	34490
the declarant's or other patient's death;	34491

(2) Hydration when administered to diminish the pain or	34492
discomfort of a declarant or other patient, but not to postpone	34493
the declarant's or other patient's death;	34494

(3) Any other medical or nursing procedure, treatment,	34495
intervention, or other measure that is taken to diminish the pain	34496
or discomfort of a declarant or other patient, but not to postpone	34497
the declarant's or other patient's death.	34498

(D) "Consulting physician" means a physician who, in	34499
conjunction with the attending physician of a declarant or other	34500
patient, makes one or more determinations that are required to be	34501
made by the attending physician, or to be made by the attending	34502
physician and one other physician, by an applicable provision of	34503
this chapter, to a reasonable degree of medical certainty and in	34504
accordance with reasonable medical standards.	34505

(E) "Declarant" means any adult who has executed a	34506
declaration in accordance with section 2133.02 of the Revised	34507
Code.	34508

(F) "Declaration" means a written document executed in	34509
accordance with section 2133.02 of the Revised Code.	34510

(G) "Durable power of attorney for health care" means a	34511
document created pursuant to sections 1337.11 to 1337.17 of the	34512
Revised Code.	34513

(H) "Guardian" means a person appointed by a probate court	34514
pursuant to Chapter 2111. of the Revised Code to have the care and	34515
management of the person of an incompetent.	34516

(I) "Health care facility" means any of the following:

34517

(1) A hospital;

34518

(2) A hospice care program, pediatric respite care program,	34519
or other institution that specializes in comfort care of patients	34520
in a terminal condition or in a permanently unconscious state;	34521

(3) A nursing home or residential care facility, as defined	34522
in section 3721.01 of the Revised Code;	34523

(4) A home health agency and any residential facility where a	34524
person is receiving care under the direction of a home health	34525
agency;	34526

(5) An intermediate care facility for ~~the mentally retarded~~	34527
individuals with intellectual disabilities.	34528

(J) "Health care personnel" means physicians, nurses,	34529
physician assistants, emergency medical technicians-basic,	34530
emergency medical technicians-intermediate, emergency medical	34531
technicians-paramedic, medical technicians, dietitians, other	34532
authorized persons acting under the direction of an attending	34533
physician, and administrators of health care facilities.	34534

(K) "Home health agency" has the same meaning as in section	34535
3701.881 of the Revised Code.	34536

(L) "Hospice care program" and "pediatric respite care	34537
program" have the same meanings as in section 3712.01 of the	34538
Revised Code.	34539

(M) "Hospital" has the same meanings as in sections 3701.01,	34540
3727.01, and 5122.01 of the Revised Code.	34541

(N) "Hydration" means fluids that are artificially or	34542
technologically administered.	34543

(O) "Incompetent" has the same meaning as in section 2111.01	34544
of the Revised Code.	34545

(P) "Intermediate care facility for the ~~mentally retarded~~	34546
individuals with intellectual disabilities" has the same meaning	34547
as in section ~~5111.20~~5124.01 of the Revised Code.	34548

(Q) "Life-sustaining treatment" means any medical procedure,	34549
treatment, intervention, or other measure that, when administered	34550
to a qualified patient or other patient, will serve principally to	34551
prolong the process of dying.	34552

(R) "Nurse" means a person who is licensed to practice	34553
nursing as a registered nurse or to practice practical nursing as	34554
a licensed practical nurse pursuant to Chapter 4723. of the	34555
Revised Code.	34556

(S) "Nursing home" has the same meaning as in section 3721.01	34557
of the Revised Code.	34558

(T) "Nutrition" means sustenance that is artificially or	34559
technologically administered.	34560

(U) "Permanently unconscious state" means a state of	34561
permanent unconsciousness in a declarant or other patient that, to	34562
a reasonable degree of medical certainty as determined in	34563
accordance with reasonable medical standards by the declarant's or	34564
other patient's attending physician and one other physician who	34565
has examined the declarant or other patient, is characterized by	34566
both of the following:	34567

(1) Irreversible unawareness of one's being and environment.

34568

(2) Total loss of cerebral cortical functioning, resulting in	34569
the declarant or other patient having no capacity to experience	34570
pain or suffering.	34571

(V) "Person" has the same meaning as in section 1.59 of the	34572
Revised Code and additionally includes political subdivisions and	34573
governmental agencies, boards, commissions, departments,	34574
institutions, offices, and other instrumentalities.	34575

(W) "Physician" means a person who is authorized under	34576
Chapter 4731. of the Revised Code to practice medicine and surgery	34577
or osteopathic medicine and surgery.	34578

(X) "Political subdivision" and "state" have the same	34579
meanings as in section 2744.01 of the Revised Code.	34580

(Y) "Professional disciplinary action" means action taken by	34581
the board or other entity that regulates the professional conduct	34582
of health care personnel, including the state medical board and	34583
the board of nursing.	34584

(Z) "Qualified patient" means an adult who has executed a	34585
declaration and has been determined to be in a terminal condition	34586
or in a permanently unconscious state.	34587

(AA) "Terminal condition" means an irreversible, incurable,	34588
and untreatable condition caused by disease, illness, or injury	34589
from which, to a reasonable degree of medical certainty as	34590
determined in accordance with reasonable medical standards by a	34591
declarant's or other patient's attending physician and one other	34592
physician who has examined the declarant or other patient, both of	34593
the following apply:	34594

(1) There can be no recovery.

34595

(2) Death is likely to occur within a relatively short time	34596
if life-sustaining treatment is not administered.	34597

(BB) "Tort action" means a civil action for damages for	34598
injury, death, or loss to person or property, other than a civil	34599
action for damages for breach of a contract or another agreement	34600
between persons.	34601

Sec. 2133.25. (A) The department of health, by rule adopted	34602
pursuant to Chapter 119. of the Revised Code, shall adopt a	34603
standardized method of procedure for the withholding of CPR by	34604
physicians, emergency medical services personnel, and health care	34605
facilities in accordance with sections 2133.21 to 2133.26 of the	34606
Revised Code. The standardized method shall specify criteria for	34607
determining when a do-not-resuscitate order issued by a physician	34608
is current. The standardized method so adopted shall be the	34609
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	34610
2133.26 of the Revised Code. The department also shall approve one	34611
or more standard forms of DNR identification to be used throughout	34612
this state.	34613

(B) The department of health shall adopt rules in accordance	34614
with Chapter 119. of the Revised Code for the administration of	34615
sections 2133.21 to 2133.26 of the Revised Code.	34616

(C) The department of health shall appoint an advisory	34617
committee to advise the department in the development of rules	34618
under this section. The advisory committee shall include, but	34619
shall not be limited to, representatives of each of the following	34620
organizations:	34621

(1) The association for hospitals and health systems (OHA);

34622

(2) The Ohio state medical association;

34623

(3) The Ohio chapter of the American college of emergency	34624
physicians;	34625

(4) The Ohio hospice organization;

34626

(5) The Ohio council for home care;

34627

(6) The Ohio health care association;

34628

(7) The Ohio ambulance association;

34629

(8) The Ohio medical directors association;

34630

(9) The Ohio association of emergency medical services;

34631

(10) The bioethics network of Ohio;

34632

(11) The Ohio nurses association;

34633

(12) The Ohio academy of nursing homes;

34634

(13) The Ohio association of professional firefighters;

34635

(14) The department of developmental disabilities;

34636

(15) The Ohio osteopathic association;

34637

(16) The association of Ohio philanthropic homes, housing and	34638
services for the aging;	34639

(17) The catholic conference of Ohio;

34640

(18) The department of aging;

34641

(19) The department of ~~mental health~~mental health and	34642
addiction services;	34643

(20) The Ohio private residential association;

34644

(21) The northern Ohio fire fighters association.

34645

Sec. 2151.011. (A) As used in the Revised Code:

34646

(1) "Juvenile court" means whichever of the following is	34647
applicable that has jurisdiction under this chapter and Chapter	34648
2152. of the Revised Code:	34649

(a) The division of the court of common pleas specified in	34650
section 2101.022 or 2301.03 of the Revised Code as having	34651
jurisdiction under this chapter and Chapter 2152. of the Revised	34652
Code or as being the juvenile division or the juvenile division	34653
combined with one or more other divisions;	34654

(b) The juvenile court of Cuyahoga county or Hamilton county	34655
that is separately and independently created by section 2151.08 or	34656
Chapter 2153. of the Revised Code and that has jurisdiction under	34657
this chapter and Chapter 2152. of the Revised Code;	34658

(c) If division (A)(1)(a) or (b) of this section does not	34659
apply, the probate division of the court of common pleas.	34660

(2) "Juvenile judge" means a judge of a court having	34661
jurisdiction under this chapter.	34662

(3) "Private child placing agency" means any association, as	34663
defined in section 5103.02 of the Revised Code, that is certified	34664
under section 5103.03 of the Revised Code to accept temporary,	34665
permanent, or legal custody of children and place the children for	34666
either foster care or adoption.	34667

(4) "Private noncustodial agency" means any person,	34668
organization, association, or society certified by the department	34669
of job and family services that does not accept temporary or	34670
permanent legal custody of children, that is privately operated in	34671
this state, and that does one or more of the following:	34672

(a) Receives and cares for children for two or more	34673
consecutive weeks;	34674

(b) Participates in the placement of children in certified	34675
foster homes;	34676

(c) Provides adoption services in conjunction with a public	34677
children services agency or private child placing agency.	34678

(B) As used in this chapter:

34679

(1) "Adequate parental care" means the provision by a child's	34680
parent or parents, guardian, or custodian of adequate food,	34681
clothing, and shelter to ensure the child's health and physical	34682
safety and the provision by a child's parent or parents of	34683
specialized services warranted by the child's physical or mental	34684
needs.	34685

(2) "Adult" means an individual who is eighteen years of age	34686
or older.	34687

(3) "Agreement for temporary custody" means a voluntary	34688
agreement authorized by section 5103.15 of the Revised Code that	34689
transfers the temporary custody of a child to a public children	34690
services agency or a private child placing agency.	34691

(4) "Alternative response" means the public children services	34692
agency's response to a report of child abuse or neglect that	34693
engages the family in a comprehensive evaluation of child safety,	34694
risk of subsequent harm, and family strengths and needs and that	34695
does not include a determination as to whether child abuse or	34696
neglect occurred.	34697

(5) "Certified foster home" means a foster home, as defined	34698
in section 5103.02 of the Revised Code, certified under section	34699
5103.03 of the Revised Code.	34700

(6) "Child" means a person who is under eighteen years of	34701
age, except that the juvenile court has jurisdiction over any	34702
person who is adjudicated an unruly child prior to attaining	34703
eighteen years of age until the person attains twenty-one years of	34704
age, and, for purposes of that jurisdiction related to that	34705
adjudication, a person who is so adjudicated an unruly child shall	34706
be deemed a "child" until the person attains twenty-one years of	34707
age.	34708

(7) "Child day camp," "child care," "child day-care center,"	34709
"part-time child day-care center," "type A family day-care home,"	34710
"certified type B family day-care home," "type B home,"	34711
"administrator of a child day-care center," "administrator of a	34712
type A family day-care home," "in-home aide," and "authorized	34713
provider" have the same meanings as in section 5104.01 of the	34714
Revised Code.	34715

(8) "Child care provider" means an individual who is a	34716
child-care staff member or administrator of a child day-care	34717
center, a type A family day-care home, or a type B family day-care	34718
home, or an in-home aide or an individual who is licensed, is	34719
regulated, is approved, operates under the direction of, or	34720
otherwise is certified by the department of job and family	34721
services, department of developmental disabilities, or the early	34722
childhood programs of the department of education.	34723

(9) "Chronic truant" has the same meaning as in section	34724
2152.02 of the Revised Code.	34725

(10) "Commit" means to vest custody as ordered by the court.

34726

(11) "Counseling" includes both of the following:

34727

(a) General counseling services performed by a public	34728
children services agency or shelter for victims of domestic	34729
violence to assist a child, a child's parents, and a child's	34730
siblings in alleviating identified problems that may cause or have	34731
caused the child to be an abused, neglected, or dependent child.	34732

(b) Psychiatric or psychological therapeutic counseling	34733
services provided to correct or alleviate any mental or emotional	34734
illness or disorder and performed by a licensed psychiatrist,	34735
licensed psychologist, or a person licensed under Chapter 4757. of	34736
the Revised Code to engage in social work or professional	34737
counseling.	34738

(12) "Custodian" means a person who has legal custody of a	34739
child or a public children services agency or private child	34740
placing agency that has permanent, temporary, or legal custody of	34741
a child.	34742

(13) "Delinquent child" has the same meaning as in section	34743
2152.02 of the Revised Code.	34744

(14) "Detention" means the temporary care of children pending	34745
court adjudication or disposition, or execution of a court order,	34746
in a public or private facility designed to physically restrict	34747
the movement and activities of children.	34748

(15) "Developmental disability" has the same meaning as in	34749
section 5123.01 of the Revised Code.	34750

(16) "Differential response approach" means an approach that	34751
a public children services agency may use to respond to accepted	34752
reports of child abuse or neglect with either an alternative	34753
response or a traditional response.	34754

(17) "Foster caregiver" has the same meaning as in section	34755
5103.02 of the Revised Code.	34756

(18) "Guardian" means a person, association, or corporation	34757
that is granted authority by a probate court pursuant to Chapter	34758
2111. of the Revised Code to exercise parental rights over a child	34759
to the extent provided in the court's order and subject to the	34760
residual parental rights of the child's parents.	34761

(19) "Habitual truant" means any child of compulsory school	34762
age who is absent without legitimate excuse for absence from the	34763
public school the child is supposed to attend for five or more	34764
consecutive school days, seven or more school days in one school	34765
month, or twelve or more school days in a school year.	34766

(20) "Juvenile traffic offender" has the same meaning as in	34767
section 2152.02 of the Revised Code.	34768

(21) "Legal custody" means a legal status that vests in the	34769
custodian the right to have physical care and control of the child	34770
and to determine where and with whom the child shall live, and the	34771
right and duty to protect, train, and discipline the child and to	34772
provide the child with food, shelter, education, and medical care,	34773
all subject to any residual parental rights, privileges, and	34774
responsibilities. An individual granted legal custody shall	34775
exercise the rights and responsibilities personally unless	34776
otherwise authorized by any section of the Revised Code or by the	34777
court.	34778

(22) A "legitimate excuse for absence from the public school	34779
the child is supposed to attend" includes, but is not limited to,	34780
any of the following:	34781

(a) The fact that the child in question has enrolled in and	34782
is attending another public or nonpublic school in this or another	34783
state;	34784

(b) The fact that the child in question is excused from	34785
attendance at school for any of the reasons specified in section	34786
3321.04 of the Revised Code;	34787

(c) The fact that the child in question has received an age	34788
and schooling certificate in accordance with section 3331.01 of	34789
the Revised Code.	34790

(23) "Mental illness" and "mentally ill person subject to	34791
hospitalization by court order" have the same meanings as in	34792
section 5122.01 of the Revised Code.	34793

(24) "Mental injury" means any behavioral, cognitive,	34794
emotional, or mental disorder in a child caused by an act or	34795
omission that is described in section 2919.22 of the Revised Code	34796
and is committed by the parent or other person responsible for the	34797
child's care.	34798

(25) "Mentally retarded person" has the same meaning as in	34799
section 5123.01 of the Revised Code.	34800

(26) "Nonsecure care, supervision, or training" means care,	34801
supervision, or training of a child in a facility that does not	34802
confine or prevent movement of the child within the facility or	34803
from the facility.	34804

(27) "Of compulsory school age" has the same meaning as in	34805
section 3321.01 of the Revised Code.	34806

(28) "Organization" means any institution, public,	34807
semipublic, or private, and any private association, society, or	34808
agency located or operating in the state, incorporated or	34809
unincorporated, having among its functions the furnishing of	34810
protective services or care for children, or the placement of	34811
children in certified foster homes or elsewhere.	34812

(29) "Out-of-home care" means detention facilities, shelter	34813
facilities, certified children's crisis care facilities, certified	34814
foster homes, placement in a prospective adoptive home prior to	34815
the issuance of a final decree of adoption, organizations,	34816
certified organizations, child day-care centers, type A family	34817
day-care homes, child care provided by type B family day-care home	34818
providers and by in-home aides, group home providers, group homes,	34819
institutions, state institutions, residential facilities,	34820
residential care facilities, residential camps, day camps, public	34821
schools, chartered nonpublic schools, educational service centers,	34822
hospitals, and medical clinics that are responsible for the care,	34823
physical custody, or control of children.	34824

(30) "Out-of-home care child abuse" means any of the	34825
following when committed by a person responsible for the care of a	34826
child in out-of-home care:	34827

(a) Engaging in sexual activity with a child in the person's	34828
care;	34829

(b) Denial to a child, as a means of punishment, of proper or	34830
necessary subsistence, education, medical care, or other care	34831
necessary for a child's health;	34832

(c) Use of restraint procedures on a child that cause injury	34833
or pain;	34834

(d) Administration of prescription drugs or psychotropic	34835
medication to the child without the written approval and ongoing	34836
supervision of a licensed physician;	34837

(e) Commission of any act, other than by accidental means,	34838
that results in any injury to or death of the child in out-of-home	34839
care or commission of any act by accidental means that results in	34840
an injury to or death of a child in out-of-home care and that is	34841
at variance with the history given of the injury or death.	34842

(31) "Out-of-home care child neglect" means any of the	34843
following when committed by a person responsible for the care of a	34844
child in out-of-home care:	34845

(a) Failure to provide reasonable supervision according to	34846
the standards of care appropriate to the age, mental and physical	34847
condition, or other special needs of the child;	34848

(b) Failure to provide reasonable supervision according to	34849
the standards of care appropriate to the age, mental and physical	34850
condition, or other special needs of the child, that results in	34851
sexual or physical abuse of the child by any person;	34852

34853

(i) Administration of prescription drugs or psychotropic	34854
drugs for the child;	34855

(ii) Assuring that the instructions of the licensed physician	34856
who prescribed a drug for the child are followed;	34857

(iii) Reporting to the licensed physician who prescribed the	34858
drug all unfavorable or dangerous side effects from the use of the	34859
drug.	34860

(d) Failure to provide proper or necessary subsistence,	34861
education, medical care, or other individualized care necessary	34862
for the health or well-being of the child;	34863

(e) Confinement of the child to a locked room without	34864
monitoring by staff;	34865

(f) Failure to provide ongoing security for all prescription	34866
and nonprescription medication;	34867

(g) Isolation of a child for a period of time when there is	34868
substantial risk that the isolation, if continued, will impair or	34869
retard the mental health or physical well-being of the child.	34870

(32) "Permanent custody" means a legal status that vests in a	34871
public children services agency or a private child placing agency,	34872
all parental rights, duties, and obligations, including the right	34873
to consent to adoption, and divests the natural parents or	34874
adoptive parents of all parental rights, privileges, and	34875
obligations, including all residual rights and obligations.	34876

(33) "Permanent surrender" means the act of the parents or,	34877
if a child has only one parent, of the parent of a child, by a	34878
voluntary agreement authorized by section 5103.15 of the Revised	34879
Code, to transfer the permanent custody of the child to a public	34880
children services agency or a private child placing agency.	34881

(34) "Person" means an individual, association, corporation,	34882
or partnership and the state or any of its political subdivisions,	34883
departments, or agencies.	34884

(35) "Person responsible for a child's care in out-of-home	34885
care" means any of the following:	34886

(a) Any foster caregiver, in-home aide, or provider;

34887

(b) Any administrator, employee, or agent of any of the	34888
following: a public or private detention facility; shelter	34889
facility; certified children's crisis care facility; organization;	34890
certified organization; child day-care center; type A family	34891
day-care home; certified type B family day-care home; group home;	34892
institution; state institution; residential facility; residential	34893
care facility; residential camp; day camp; school district;	34894
community school; chartered nonpublic school; educational service	34895
center; hospital; or medical clinic;	34896

(c) Any person who supervises or coaches children as part of	34897
an extracurricular activity sponsored by a school district, public	34898
school, or chartered nonpublic school;	34899

(d) Any other person who performs a similar function with	34900
respect to, or has a similar relationship to, children.	34901

(36) "Physically impaired" means having one or more of the	34902
following conditions that substantially limit one or more of an	34903
individual's major life activities, including self-care, receptive	34904
and expressive language, learning, mobility, and self-direction:	34905

(a) A substantial impairment of vision, speech, or hearing;

34906

(b) A congenital orthopedic impairment;

34907

(c) An orthopedic impairment caused by disease, rheumatic	34908
fever or any other similar chronic or acute health problem, or	34909
amputation or another similar cause.	34910

(37) "Placement for adoption" means the arrangement by a	34911
public children services agency or a private child placing agency	34912
with a person for the care and adoption by that person of a child	34913
of whom the agency has permanent custody.	34914

(38) "Placement in foster care" means the arrangement by a	34915
public children services agency or a private child placing agency	34916
for the out-of-home care of a child of whom the agency has	34917
temporary custody or permanent custody.	34918

(39) "Planned permanent living arrangement" means an order of	34919
a juvenile court pursuant to which both of the following apply:	34920

(a) The court gives legal custody of a child to a public	34921
children services agency or a private child placing agency without	34922
the termination of parental rights.	34923

(b) The order permits the agency to make an appropriate	34924
placement of the child and to enter into a written agreement with	34925
a foster care provider or with another person or agency with whom	34926
the child is placed.	34927

(40) "Practice of social work" and "practice of professional	34928
counseling" have the same meanings as in section 4757.01 of the	34929
Revised Code.	34930

(41) "Sanction, service, or condition" means a sanction,	34931
service, or condition created by court order following an	34932
adjudication that a child is an unruly child that is described in	34933
division (A)(4) of section 2152.19 of the Revised Code.	34934

(42) "Protective supervision" means an order of disposition	34935
pursuant to which the court permits an abused, neglected,	34936
dependent, or unruly child to remain in the custody of the child's	34937
parents, guardian, or custodian and stay in the child's home,	34938
subject to any conditions and limitations upon the child, the	34939
child's parents, guardian, or custodian, or any other person that	34940
the court prescribes, including supervision as directed by the	34941
court for the protection of the child.	34942

(43) "Psychiatrist" has the same meaning as in section	34943
5122.01 of the Revised Code.	34944

(44) "Psychologist" has the same meaning as in section	34945
4732.01 of the Revised Code.	34946

(45) "Residential camp" means a program in which the care,	34947
physical custody, or control of children is accepted overnight for	34948
recreational or recreational and educational purposes.	34949

(46) "Residential care facility" means an institution,	34950
residence, or facility that is licensed by the department of	34951
~~mental health~~mental health and addiction services under section	34952
~~5119.22~~5119.34 of the Revised Code and that provides care for a	34953
child.	34954

(47) "Residential facility" means a home or facility that is	34955
licensed by the department of developmental disabilities under	34956
section 5123.19 of the Revised Code and in which a child with a	34957
developmental disability resides.	34958

(48) "Residual parental rights, privileges, and	34959
responsibilities" means those rights, privileges, and	34960
responsibilities remaining with the natural parent after the	34961
transfer of legal custody of the child, including, but not	34962
necessarily limited to, the privilege of reasonable visitation,	34963
consent to adoption, the privilege to determine the child's	34964
religious affiliation, and the responsibility for support.	34965

(49) "School day" means the school day established by the	34966
state board of education pursuant to section 3313.48 of the	34967
Revised Code.	34968

(50) "School month" and "school year" have the same meanings	34969
as in section 3313.62 of the Revised Code.	34970

(51) "Secure correctional facility" means a facility under	34971
the direction of the department of youth services that is designed	34972
to physically restrict the movement and activities of children and	34973
used for the placement of children after adjudication and	34974
disposition.	34975

(52) "Sexual activity" has the same meaning as in section	34976
2907.01 of the Revised Code.	34977

(53) "Shelter" means the temporary care of children in	34978
physically unrestricted facilities pending court adjudication or	34979
disposition.	34980

(54) "Shelter for victims of domestic violence" has the same	34981
meaning as in section 3113.33 of the Revised Code.	34982

(55) "Temporary custody" means legal custody of a child who	34983
is removed from the child's home, which custody may be terminated	34984
at any time at the discretion of the court or, if the legal	34985
custody is granted in an agreement for temporary custody, by the	34986
person who executed the agreement.	34987

(56) "Traditional response" means a public children services	34988
agency's response to a report of child abuse or neglect that	34989
encourages engagement of the family in a comprehensive evaluation	34990
of the child's current and future safety needs and a fact-finding	34991
process to determine whether child abuse or neglect occurred and	34992
the circumstances surrounding the alleged harm or risk of harm.	34993

(C) For the purposes of this chapter, a child shall be	34994
presumed abandoned when the parents of the child have failed to	34995
visit or maintain contact with the child for more than ninety	34996
days, regardless of whether the parents resume contact with the	34997
child after that period of ninety days.	34998

Sec. 2151.3514. (A) As used in this section:

34999

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	35000
provider" has the same meaning as in section ~~3793.01~~5119.01 of	35001
the Revised Code;	35002

(2) "Chemical dependency" means either of the following:

35003

(a) The chronic and habitual use of alcoholic beverages to	35004
the extent that the user no longer can control the use of alcohol	35005
or endangers the user's health, safety, or welfare or that of	35006
others;	35007

(b) The use of a drug of abuse to the extent that the user	35008
becomes physically or psychologically dependent on the drug or	35009
endangers the user's health, safety, or welfare or that of others.	35010

(3) "Drug of abuse" has the same meaning as in section	35011
3719.011 of the Revised Code.	35012

~~(4) "Medicaid" means the program established under Chapter~~	35013
~~5111. of the Revised Code.~~	35014

(B) If the juvenile court issues an order of temporary	35015
custody or protective supervision under division (A) of section	35016
2151.353 of the Revised Code with respect to a child adjudicated	35017
to be an abused, neglected, or dependent child and the alcohol or	35018
other drug addiction of a parent or other caregiver of the child	35019
was the basis for the adjudication of abuse, neglect, or	35020
dependency, the court shall issue an order requiring the parent or	35021
other caregiver to submit to an assessment and, if needed,	35022
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	35023
services provider certified by the department of ~~alcohol and drug~~	35024
~~addiction services~~mental health and addiction services. The court	35025
may order the parent or other caregiver to submit to alcohol or	35026
other drug testing during, after, or both during and after, the	35027
treatment. The court shall send any order issued pursuant to this	35028
division to the public children services agency that serves the	35029
county in which the court is located for use as described in	35030
section 340.15 of the Revised Code.	35031

(C) Any order requiring alcohol or other drug testing that is	35032
issued pursuant to division (B) of this section shall require one	35033
alcohol or other drug test to be conducted each month during a	35034
period of twelve consecutive months beginning the month	35035
immediately following the month in which the order for alcohol or	35036
other drug testing is issued. Arrangements for administering the	35037
alcohol or other drug tests, as well as funding the costs of the	35038
tests, shall be locally determined in accordance with sections	35039
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	35040
other caregiver required to submit to alcohol or other drug tests	35041
under this section is not a recipient of medicaid, the agency that	35042
refers the parent or caregiver for the tests may require the	35043
parent or caregiver to reimburse the agency for the cost of	35044
conducting the tests.	35045

(D) The certified ~~alcohol and drug~~community addiction	35046
~~program~~services provider that conducts any alcohol or other drug	35047
tests ordered in accordance with divisions (B) and (C) of this	35048
section shall send the results of the tests, along with the	35049
~~program's~~provider's recommendations as to the benefits of	35050
continued treatment, to the court and to the public children	35051
services agency providing services to the involved family,	35052
according to federal regulations set forth in 42 C.F.R. Part 2,	35053
and division (B) of section 340.15 of the Revised Code. The court	35054
shall consider the results and the recommendations sent to it	35055
under this division in any adjudication or review by the court,	35056
according to section 2151.353, 2151.414, or 2151.419 of the	35057
Revised Code.	35058

Sec. 2151.362. (A)(1) In the manner prescribed by division	35059
(C)(1) or (2) of section 3313.64 of the Revised Code, as	35060
applicable, the court, at the time of making any order that	35061
removes a child from the child's own home or that vests legal or	35062
permanent custody of the child in a person other than the child's	35063
parent or a government agency, shall determine the school district	35064
that is to bear the cost of educating the child. The court shall	35065
make the determination a part of the order that provides for the	35066
child's placement or commitment. That school district shall bear	35067
the cost of educating the child unless and until the department of	35068
education determines that a different district shall be	35069
responsible for bearing that cost pursuant to division (A)(2) of	35070
this section. The court's order shall state that the determination	35071
of which school district is responsible to bear the cost of	35072
educating the child is subject to re-determination by the	35073
department pursuant to that division.	35074

(2) If, while the child is in the custody of a person other	35075
than the child's parent or a government agency, the department of	35076
education determines that the place of residence of the child's	35077
parent has changed since the court issued its initial order, the	35078
department may name a different school district to bear the cost	35079
of educating the child. The department shall make this new	35080
determination, and any future determinations, based on evidence	35081
received from the school district currently responsible to bear	35082
the cost of educating the child. If the department finds that the	35083
evidence demonstrates to its satisfaction that the residence of	35084
the child's parent has changed since the court issued its initial	35085
order under division (A)(1) of this section, or since the	35086
department last made a determination under division (A)(2) of this	35087
section, the department shall name the district in which the	35088
child's parent currently resides or, if the parent's residence is	35089
not known, the district in which the parent's last known residence	35090
is located. If the department cannot determine any Ohio district	35091
in which the parent currently resides or has resided, the school	35092
district designated in the initial court order under division	35093
(A)(1) of this section, or in the most recent determination made	35094
by the department under division (A)(2) of this section, shall	35095
continue to bear the cost of educating the child.	35096

(B) Whenever a child is placed in a detention facility	35097
established under section 2152.41 of the Revised Code or a	35098
juvenile facility established under section 2151.65 of the Revised	35099
Code, the facility shall be responsible for coordinating the	35100
education of the child. The facility may take any of the following	35101
measures in coordinating the education of the child:	35102

(1) If applicable, use the chartered nonpublic school that	35103
the facility operates;	35104

(2) Arrange with the school district responsible for bearing	35105
the cost of educating the child determined under division (A) of	35106
this section, for the facility to educate the child on its own;	35107

(3) Contract with an educational service center for the	35108
service center to educate the child;	35109

(4) Contract with the school district in which the facility	35110
is located for that school district to educate the child;	35111

(5) If the child is enrolled in an internet- or	35112
computer-based community school established under Chapter 3314. of	35113
the Revised Code, and provided that the facility possesses the	35114
necessary hardware, software, and internet connectivity, permit	35115
continued instruction of the child by the internet- or	35116
computer-based community school.	35117

If the facility coordinates the education of the child	35118
pursuant to division (B)(1), (2), (3), or (4) of this section,	35119
child's school district as determined by the court or the	35120
department, in the same manner as prescribed in division (A) of	35121
this section, shall pay the cost of educating the child based on	35122
the per capita cost of the educational facility within the	35123
detention home or juvenile facility.	35124

If the facility coordinates the education of the child	35125
pursuant to division (B)(5) of this section, payment for the cost	35126
of educating the child shall be made only as provided in division	35127
(C) of section 3314.08 of the Revised Code.	35128

(C) Whenever a child is placed by the court in a private	35129
institution, school, or residential treatment center or any other	35130
private facility, the state shall pay to the court a subsidy to	35131
help defray the expense of educating the child in an amount equal	35132
to the product of the daily per capita educational cost of the	35133
private facility, as determined pursuant to this section, and the	35134
number of days the child resides at the private facility, provided	35135
that the subsidy shall not exceed twenty-five hundred dollars per	35136
year per child. The daily per capita educational cost of a private	35137
facility shall be determined by dividing the actual program cost	35138
of the private facility or twenty-five hundred dollars, whichever	35139
is less, by three hundred sixty-five days or by three hundred	35140
sixty-six days for years that include February twenty-ninth. The	35141
state shall pay seventy-five per cent of the total subsidy for	35142
each year quarterly to the court. The state may adjust the	35143
remaining twenty-five per cent of the total subsidy to be paid to	35144
the court for each year to an amount that is less than twenty-five	35145
per cent of the total subsidy for that year based upon the	35146
availability of funds appropriated to the department of education	35147
for the purpose of subsidizing courts that place a child in a	35148
private institution, school, or residential treatment center or	35149
any other private facility and shall pay that adjusted amount to	35150
the court at the end of the year.	35151

Sec. 2151.83. (A) A public children services agency or	35152
private child placing agency, on the request of a young adult,	35153
shall enter into a jointly prepared written agreement with the	35154
young adult that obligates the agency to ensure that independent	35155
living services are provided to the young adult and sets forth the	35156
responsibilities of the young adult regarding the services. The	35157
agreement shall be developed based on the young adult's strengths,	35158
needs, and circumstances. The agreement shall be designed to	35159
promote the young adult's successful transition to independent	35160
adult living and emotional and economic self-sufficiency.	35161

(B) If the young adult appears to be eligible for services	35162
from one or more of the following entities, the agency must	35163
contact the appropriate entity to determine eligibility:	35164

(1) An entity, other than the agency, that is represented on	35165
a county family and children first council established pursuant to	35166
section 121.37 of the Revised Code. If the entity is a board of	35167
alcohol, drug addiction, and mental health services, an alcohol	35168
and drug addiction services board, or a community mental health	35169
board, the agency shall contact the provider of alcohol, drug	35170
addiction, or mental health services that has been designated by	35171
the board to determine the young adult's eligibility for services.	35172

(2) The ~~rehabilitation services commission~~opportunities for	35173
Ohioans with disabilities agency;	35174

(3) A metropolitan housing authority established pursuant to	35175
section 3735.27 of the Revised Code.	35176

If an entity described in this division determines that the	35177
young adult qualifies for services from the entity, that entity,	35178
the young adult, and the agency to which the young adult made the	35179
request for independent living services shall enter into a written	35180
addendum to the jointly prepared agreement entered into under	35181
division (A) of this section. The addendum shall indicate how	35182
services under the agreement and addendum are to be coordinated	35183
and allocate the service responsibilities among the entities and	35184
agency that signed the addendum.	35185

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	35186
entity that appoints or employs any person responsible for a	35187
child's care in out-of-home care shall request the superintendent	35188
of BCII to conduct a criminal records check with respect to any	35189
person who is under final consideration for appointment or	35190
employment as a person responsible for a child's care in	35191
out-of-home care, except that section 3319.39 of the Revised Code	35192
shall apply instead of this section if the out-of-home care entity	35193
is a public school, educational service center, or chartered	35194
nonpublic school.	35195

(2) At the times specified in this division, the	35196
administrative director of an agency, or attorney, who arranges an	35197
adoption for a prospective adoptive parent shall request the	35198
superintendent of BCII to conduct a criminal records check with	35199
respect to that prospective adoptive parent and a criminal records	35200
check with respect to all persons eighteen years of age or older	35201
who reside with the prospective adoptive parent. The	35202
administrative director or attorney shall request a criminal	35203
records check pursuant to this division at the time of the initial	35204
home study, every four years after the initial home study at the	35205
time of an update, and at the time that an adoptive home study is	35206
completed as a new home study.	35207

(3) Before a recommending agency submits a recommendation to	35208
the department of job and family services on whether the	35209
department should issue a certificate to a foster home under	35210
section 5103.03 of the Revised Code, and every four years	35211
thereafter prior to a recertification under that section, the	35212
administrative director of the agency shall request that the	35213
superintendent of BCII conduct a criminal records check with	35214
respect to the prospective foster caregiver and a criminal records	35215
check with respect to all other persons eighteen years of age or	35216
older who reside with the foster caregiver.	35217

(B)(1) If a person subject to a criminal records check under	35218
division (A)(1) of this section does not present proof that the	35219
person has been a resident of this state for the five-year period	35220
immediately prior to the date upon which the criminal records	35221
check is requested or does not provide evidence that within that	35222
five-year period the superintendent of BCII has requested	35223
information about the person from the federal bureau of	35224
investigation in a criminal records check, the appointing or	35225
hiring officer shall request that the superintendent of BCII	35226
obtain information from the federal bureau of investigation as a	35227
part of the criminal records check, including fingerprint-based	35228
checks of national crime information databases as described in 42	35229
U.S.C. 671. If a person subject to a criminal records check under	35230
division (A)(1) of this section presents proof that the person has	35231
been a resident of this state for that five-year period, the	35232
appointing or hiring officer or attorney may request that the	35233
superintendent of BCII include information from the federal bureau	35234
of investigation in the criminal records check, including	35235
fingerprint-based checks of national crime information databases	35236
as described in 42 U.S.C. 671.	35237

When the administrative director of an agency, or attorney,	35238
who arranges an adoption for a prospective parent requests, at the	35239
time of the initial home study, a criminal records check for a	35240
person pursuant to division (A)(2) of this section, the	35241
administrative director or attorney shall request that the	35242
superintendent of BCII obtain information from the federal bureau	35243
of investigation as part of the criminal records check, including	35244
fingerprint-based checks of national crime information databases	35245
as described in 42 U.S.C. 671, for the person subject to the	35246
criminal records check. In all other cases in which the	35247
administrative director of an agency, or attorney, who arranges an	35248
adoption for a prospective parent requests a criminal records	35249
check for a person pursuant to division (A)(2) of this section,	35250
the administrative director or attorney may request that the	35251
superintendent of BCII include information from the federal bureau	35252
of investigation in the criminal records check, including	35253
fingerprint-based checks of national crime information databases	35254
as described in 42 U.S.C. 671.	35255

When the administrative director of a recommending agency	35256
requests, before submitting a recommendation to the department of	35257
job and family services on whether the department should issue a	35258
certificate to a foster home under section 5103.03 of the Revised	35259
Code, a criminal records check for a person pursuant to division	35260
(A)(3) of this section, the administrative director shall request	35261
that the superintendent of BCII obtain information from the	35262
federal bureau of investigation as part of a criminal records	35263
check, including fingerprint-based checks of national crime	35264
information databases as described in 42 U.S.C. 671, for the	35265
person subject to the criminal records check. In all other cases	35266
in which the administrative director of a recommending agency	35267
requests a criminal records check for a person pursuant to	35268
division (A)(3) of this section, the administrative director may	35269
request that the superintendent of BCII include information from	35270
the federal bureau of investigation in the criminal records check,	35271
including fingerprint-based checks of national crime information	35272
databases as described in 42 U.S.C. 671.	35273

Prior to a hearing on a final decree of adoption or	35274
interlocutory order of adoption by a probate court, the	35275
administrative director of an agency, or an attorney, who arranges	35276
an adoption for a prospective parent shall provide to the clerk of	35277
the probate court either of the following:	35278

(a) Any information received pursuant to a request made under	35279
this division from the superintendent of BCII or the federal	35280
bureau of investigation as part of the criminal records check,	35281
including fingerprint-based checks of national crime information	35282
databases as described in 42 U.S.C. 671, for the person subject to	35283
the criminal records check;	35284

(b) Written notification that the person subject to a	35285
criminal records check pursuant to this division failed upon	35286
request to provide the information necessary to complete the form	35287
or failed to provide impressions of the person's fingerprints as	35288
required under division (B)(2) of this section.	35289

(2) An appointing or hiring officer, administrative director,	35290
or attorney required by division (A) of this section to request a	35291
criminal records check shall provide to each person subject to a	35292
criminal records check a copy of the form prescribed pursuant to	35293
division (C)(1) of section 109.572 of the Revised Code and a	35294
standard impression sheet to obtain fingerprint impressions	35295
prescribed pursuant to division (C)(2) of section 109.572 of the	35296
Revised Code, obtain the completed form and impression sheet from	35297
the person, and forward the completed form and impression sheet to	35298
the superintendent of BCII at the time the criminal records check	35299
is requested.	35300

Any person subject to a criminal records check who receives	35301
pursuant to this division a copy of the form prescribed pursuant	35302
to division (C)(1) of section 109.572 of the Revised Code and a	35303
copy of an impression sheet prescribed pursuant to division (C)(2)	35304
of that section and who is requested to complete the form and	35305
provide a set of fingerprint impressions shall complete the form	35306
or provide all the information necessary to complete the form and	35307
shall provide the impression sheet with the impressions of the	35308
person's fingerprints. If a person subject to a criminal records	35309
check, upon request, fails to provide the information necessary to	35310
complete the form or fails to provide impressions of the person's	35311
fingerprints, the appointing or hiring officer shall not appoint	35312
or employ the person as a person responsible for a child's care in	35313
out-of-home care, a probate court may not issue a final decree of	35314
adoption or an interlocutory order of adoption making the person	35315
an adoptive parent, and the department of job and family services	35316
shall not issue a certificate authorizing the prospective foster	35317
caregiver to operate a foster home.	35318

(C)(1) No appointing or hiring officer shall appoint or	35319
employ a person as a person responsible for a child's care in	35320
out-of-home care, the department of job and family services shall	35321
not issue a certificate under section 5103.03 of the Revised Code	35322
authorizing a prospective foster caregiver to operate a foster	35323
home, and no probate court shall issue a final decree of adoption	35324
or an interlocutory order of adoption making a person an adoptive	35325
parent if the person or, in the case of a prospective foster	35326
caregiver or prospective adoptive parent, any person eighteen	35327
years of age or older who resides with the prospective foster	35328
caregiver or prospective adoptive parent previously has been	35329
convicted of or pleaded guilty to any of the violations described	35330
in division (A)(4) of section 109.572 of the Revised Code, unless	35331
the person meets rehabilitation standards established in rules	35332
adopted under division (F) of this section.	35333

(2) The appointing or hiring officer may appoint or employ a	35334
person as a person responsible for a child's care in out-of-home	35335
care conditionally until the criminal records check required by	35336
this section is completed and the officer receives the results of	35337
the criminal records check. If the results of the criminal records	35338
check indicate that, pursuant to division (C)(1) of this section,	35339
the person subject to the criminal records check does not qualify	35340
for appointment or employment, the officer shall release the	35341
person from appointment or employment.	35342

(3) Prior to certification or recertification under section	35343
5103.03 of the Revised Code, the prospective foster caregiver	35344
subject to a criminal records check under division (A)(3) of this	35345
section shall notify the recommending agency of the revocation of	35346
any foster home license, certificate, or other similar	35347
authorization in another state occurring within the five years	35348
prior to the date of application to become a foster caregiver in	35349
this state. The failure of a prospective foster caregiver to	35350
notify the recommending agency of any revocation of that type in	35351
another state that occurred within that five-year period shall be	35352
grounds for denial of the person's foster home application or the	35353
revocation of the person's foster home certification, whichever is	35354
applicable. If a person has had a revocation in another state	35355
within the five years prior to the date of the application, the	35356
department of job and family services shall not issue a foster	35357
home certificate to the prospective foster caregiver.	35358

(D) The appointing or hiring officer, administrative	35359
director, or attorney shall pay to the bureau of criminal	35360
identification and investigation the fee prescribed pursuant to	35361
division (C)(3) of section 109.572 of the Revised Code for each	35362
criminal records check conducted in accordance with that section	35363
upon a request pursuant to division (A) of this section. The	35364
officer, director, or attorney may charge the person subject to	35365
the criminal records check a fee for the costs the officer,	35366
director, or attorney incurs in obtaining the criminal records	35367
check. A fee charged under this division shall not exceed the	35368
amount of fees the officer, director, or attorney pays for the	35369
criminal records check. If a fee is charged under this division,	35370
the officer, director, or attorney shall notify the person who is	35371
the applicant at the time of the person's initial application for	35372
appointment or employment, an adoption to be arranged, or a	35373
certificate to operate a foster home of the amount of the fee and	35374
that, unless the fee is paid, the person who is the applicant will	35375
not be considered for appointment or employment or as an adoptive	35376
parent or foster caregiver.	35377

(E) The report of any criminal records check conducted by the	35378
bureau of criminal identification and investigation in accordance	35379
with section 109.572 of the Revised Code and pursuant to a request	35380
made under division (A) of this section is not a public record for	35381
the purposes of section 149.43 of the Revised Code and shall not	35382
be made available to any person other than the following:	35383

(1) The person who is the subject of the criminal records	35384
check or the person's representative;	35385

(2) The appointing or hiring officer, administrative	35386
director, or attorney requesting the criminal records check or the	35387
officer's, director's, or attorney's representative;	35388

(3) The department of job and family services, a county	35389
department of job and family services, or a public children	35390
services agency;	35391

(4) Any court, hearing officer, or other necessary individual	35392
involved in a case dealing with the denial of employment, a final	35393
decree of adoption or interlocutory order of adoption, or a foster	35394
home certificate.	35395

(F) The director of job and family services shall adopt rules	35396
in accordance with Chapter 119. of the Revised Code to implement	35397
this section. The rules shall include rehabilitation standards a	35398
person who has been convicted of or pleaded guilty to an offense	35399
listed in division (A)(4) of section 109.572 of the Revised Code	35400
must meet for an appointing or hiring officer to appoint or employ	35401
the person as a person responsible for a child's care in	35402
out-of-home care, a probate court to issue a final decree of	35403
adoption or interlocutory order of adoption making the person an	35404
adoptive parent, or the department to issue a certificate	35405
authorizing the prospective foster caregiver to operate a foster	35406
home or not revoke a foster home certificate for a violation	35407
specified in section 5103.0328 of the Revised Code.	35408

(G) An appointing or hiring officer, administrative director,	35409
or attorney required by division (A) of this section to request a	35410
criminal records check shall inform each person who is the	35411
applicant, at the time of the person's initial application for	35412
appointment or employment, an adoption to be arranged, or a foster	35413
home certificate, that the person subject to the criminal records	35414
check is required to provide a set of impressions of the person's	35415
fingerprints and that a criminal records check is required to be	35416
conducted and satisfactorily completed in accordance with section	35417
109.572 of the Revised Code.	35418

(H) ~~The department of job and family services may waive the~~	35419
~~requirement that a criminal records check based on fingerprints be~~	35420
~~conducted for an adult resident of a prospective adoptive or~~	35421
~~foster home or the home of a foster caregiver if the recommending~~	35422
~~agency documents to the department's satisfaction that the adult~~	35423
~~resident is physically unable to comply with the fingerprinting~~	35424
~~requirement and poses no danger to foster children or adoptive~~	35425
~~children who may be placed in the home. In such cases, the~~	35426
~~recommending or approving agency shall request that the bureau of~~	35427
~~criminal identification and investigation conduct a criminal~~	35428
~~records check using the person's name and social security number.~~	35429

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

35430

(1) "Children's hospital" means any of the following:

35431

(a) A hospital registered under section 3701.07 of the	35432
Revised Code that provides general pediatric medical and surgical	35433
care, and in which at least seventy-five per cent of annual	35434
inpatient discharges for the preceding two calendar years were	35435
individuals less than eighteen years of age;	35436

(b) A distinct portion of a hospital registered under section	35437
3701.07 of the Revised Code that provides general pediatric	35438
medical and surgical care, has a total of at least one hundred	35439
fifty registered pediatric special care and pediatric acute care	35440
beds, and in which at least seventy-five per cent of annual	35441
inpatient discharges for the preceding two calendar years were	35442
individuals less than eighteen years of age;	35443

(c) A distinct portion of a hospital, if the hospital is	35444
registered under section 3701.07 of the Revised Code as a	35445
children's hospital and the children's hospital meets all the	35446
requirements of division ~~(I)~~(H)(1)(a) of this section.	35447

(2) "Criminal records check" has the same meaning as in	35448
section 109.572 of the Revised Code.	35449

(3) "Person responsible for a child's care in out-of-home	35450
care" has the same meaning as in section 2151.011 of the Revised	35451
Code, except that it does not include a prospective employee of	35452
the department of youth services or a person responsible for a	35453
child's care in a hospital or medical clinic other than a	35454
children's hospital.	35455

(4) "Person subject to a criminal records check" means the	35456
following:	35457

(a) A person who is under final consideration for appointment	35458
or employment as a person responsible for a child's care in	35459
out-of-home care;	35460

(b) A prospective adoptive parent;

35461

35462

(d) A person eighteen years old or older who resides with a	35463
prospective foster caregiver or a prospective adoptive parent.	35464

(5) "Recommending agency" means a public children services	35465
agency, private child placing agency, or private noncustodial	35466
agency to which the department of job and family services has	35467
delegated a duty to inspect and approve foster homes.	35468

(6) "Superintendent of BCII" means the superintendent of the	35469
bureau of criminal identification and investigation.	35470

Sec. 2152.54. (A) An evaluation of a child who does not	35471
appear to the court to be a person who is at least moderately	35472
intellectually disabled shall be made by an evaluator who is one	35473
of the following:	35474

(1) A professional employed by a psychiatric facility or	35475
center certified by the department of ~~mental health~~mental health	35476
and addiction services to provide forensic services and appointed	35477
by the director of the facility or center to conduct the	35478
evaluation;	35479

(2) A psychiatrist or a licensed clinical psychologist who	35480
satisfies the criteria of division (I)(1) of section 5122.01 of	35481
the Revised Code and has specialized education, training, or	35482
experience in forensic evaluations of children or adolescents.	35483

(B) An evaluation of a child who appears to the court to be a	35484
person who is at least moderately intellectually disabled shall be	35485
made by a psychiatrist or licensed clinical psychologist who	35486
satisfies the criteria of division (I)(1) of section 5122.01 of	35487
the Revised Code and has specialized education, training, or	35488
experience in forensic evaluations of children or adolescents who	35489
have intellectual disability.	35490

(C) If an evaluation is conducted by an evaluator of the type	35491
described in division (A)(1) or (2) of this section and the	35492
evaluator concludes that the child is a person who is at least	35493
moderately intellectually disabled, the evaluator shall	35494
discontinue the evaluation and notify the court within one	35495
business day after reaching the conclusion. Within two business	35496
days after receiving notification, the court shall order the child	35497
to undergo an evaluation by an evaluator of the type described in	35498
division (B) of this section. Within two business days after the	35499
appointment of the new evaluator, the original evaluator shall	35500
deliver to the new evaluator all information relating to the child	35501
obtained during the original evaluation.	35502

Sec. 2152.59. (A) If after a hearing held pursuant to	35503
section 2152.58 of the Revised Code the court determines that a	35504
child is competent, the court shall proceed with the delinquent	35505
child's proceeding as provided by law. No statement that a child	35506
makes during an evaluation or hearing conducted under sections	35507
2152.51 through 2152.59 of the Revised Code shall be used against	35508
the child on the issue of responsibility or guilt in any child or	35509
adult proceeding.	35510

(B) If after a hearing held pursuant to section 2152.58 of	35511
the Revised Code the court determines that the child is not	35512
competent and cannot attain competency within the period of time	35513
applicable under division (D)(2) of this section, the court shall	35514
dismiss the charges without prejudice, except that the court may	35515
delay dismissal for up to ninety calendar days and do either of	35516
the following:	35517

(1) Refer the matter to a public children services agency and	35518
request that agency determine whether to file an action in	35519
accordance with section 2151.27 of the Revised Code alleging that	35520
the child is a dependent, neglected, or abused child;	35521

(2) Assign court staff to refer the child or the child's	35522
family to the local family and children first council or an agency	35523
funded by the department of ~~mental health~~mental health and	35524
addiction services or department of developmental disabilities or	35525
otherwise secure services to reduce the potential that the child	35526
would engage in behavior that could result in delinquent child or	35527
other criminal charges.	35528

(C) If after a hearing held pursuant to section 2152.58 of	35529
the Revised Code the court determines that a child is not	35530
competent but could likely attain competency by participating in	35531
services specifically designed to help the child develop	35532
competency, the court may order the child to participate in	35533
services specifically designed to help the child develop	35534
competency at county expense. The court shall name a reliable	35535
provider to deliver the competency attainment services and shall	35536
order the child's parent, guardian, or custodian to contact that	35537
provider by a specified date to arrange for services.	35538

(D) The competency attainment services provided to a child	35539
shall be based on a competency attainment plan described in	35540
division (E)(2) of this section and approved by the court.	35541
Services are subject to the following conditions and time periods	35542
measured from the date the court approves the plan:	35543

(1) Services shall be provided in the least restrictive	35544
setting that is consistent with the child's ability to attain	35545
competency and the safety of both the child and the community. If	35546
the child has been released on temporary or interim orders and	35547
refuses or fails to cooperate with the service provider, the court	35548
may reassess the orders and amend them to require a more	35549
appropriate setting.	35550

(2) No child shall be required to participate in competency	35551
attainment services for longer than is required for the child to	35552
attain competency. The following maximum periods of participation	35553
apply:	35554

(a) If a child is ordered to participate in competency	35555
attainment services that are provided outside of a residential	35556
setting, the child shall not participate in those services for a	35557
period exceeding three months if the child is charged with an act	35558
that would be a misdemeanor if committed by an adult, six months	35559
if the child is charged with an act that would be a felony of the	35560
third, fourth, or fifth degree if committed by an adult, or one	35561
year if the child is charged with an act that would be a felony of	35562
the first or second degree, aggravated murder, or murder if	35563
committed by an adult.	35564

(b) If a child is ordered to receive competency attainment	35565
services that are provided in a residential setting that is	35566
operated solely or in part for the purpose of providing competency	35567
attainment services, the child shall not participate in those	35568
services for a period exceeding forty-five calendar days if the	35569
child is charged with an act that would be a misdemeanor if	35570
committed by an adult, three months if the child is charged with	35571
an act that would be a felony of the third, fourth, or fifth	35572
degree if committed by an adult, six months if the child is	35573
charged with an act that would be a felony of the first or second	35574
degree if committed by an adult, or one year if the child is	35575
charged with an act that would be aggravated murder or murder if	35576
committed by an adult.	35577

(c) If a child is ordered into a residential, detention, or	35578
other secured setting for reasons other than to participate in	35579
competency attainment services and is also ordered to participate	35580
in competency attainment services concurrently, the child shall	35581
participate in the competency attainment services for not longer	35582
than the relevant period set forth in division (D)(2)(a) of this	35583
section.	35584

(d) If a child is ordered to participate in competency	35585
attainment services that require the child to live for some but	35586
not all of the duration of the services in a residential setting	35587
that is operated solely or in part for the purpose of providing	35588
competency attainment services, the child shall participate in the	35589
competency attainment services for not longer than the relevant	35590
period set forth in division (D)(2)(b) of this section. For the	35591
purpose of calculating a time period under division (D)(2)(d) of	35592
this section, two days of participation in a nonresidential	35593
setting shall equal one day of participation in a residential	35594
setting.	35595

(3) A child who receives competency attainment services in a	35596
residential setting that is operated solely or partly for the	35597
purpose of providing competency attainment services is in	35598
detention for purposes of section 2921.34 and division (B) of	35599
section 2152.18 of the Revised Code during the time that the child	35600
resides in the residential setting.	35601

(E)(1) Within ten business days after the court names the	35602
provider responsible for the child's competency attainment	35603
services under division (D) of this section, the court shall	35604
deliver to that provider a copy of each competency assessment	35605
report it has received for review. The provider shall return the	35606
copies of the reports to the court upon the termination of the	35607
services.	35608

(2) Not later than thirty calendar days after the child	35609
contacts the competency attainment services provider under	35610
division (C) of this section, the provider shall submit to the	35611
court a plan for the child to attain competency. The court shall	35612
provide copies of the plan to the prosecuting attorney, the	35613
child's attorney, the child's guardian ad litem, if any, and the	35614
child's parents, guardian, or custodian.	35615

(F) The provider that provides the child's competency	35616
attainment services pursuant to the competency attainment plan	35617
shall submit reports to the court on the following schedule:	35618

(1) A report on the child's progress every thirty calendar	35619
days and on the termination of services. The report shall not	35620
include any details of the alleged offense as reported by the	35621
child.	35622

(2) If the provider determines that the child is not	35623
cooperating to a degree that would allow the services to be	35624
effective to help the child attain competency, a report informing	35625
the court of the determination within three business days after	35626
making the determination;	35627

(3) If the provider determines that the current setting is no	35628
longer the least restrictive setting that is consistent with the	35629
child's ability to attain competency and the safety of both the	35630
child and the community, a report informing the court of the	35631
determination within three business days after making the	35632
determination;	35633

(4) If the provider determines that the child has achieved	35634
the goals of the plan and would be able to understand the nature	35635
and objectives of the proceeding against the child and to assist	35636
in the child's defense, with or without reasonable accommodations	35637
to meet the criteria set forth in division (B) of section 2152.56	35638
of the Revised Code, a report informing the court of that	35639
determination within three business days after making the	35640
determination. If the provider believes that accommodations would	35641
be necessary or desirable, the report shall include	35642
recommendations for accommodations.	35643

(5) If the provider determines that the child will not	35644
achieve the goals of the plan within the applicable period of time	35645
under division (D)(2) of this section, a report informing the	35646
court of the determination within three business days after making	35647
the determination. The report shall include recommendations for	35648
services for the child that would support the safety of the child	35649
or the community.	35650

(G) The court shall provide copies of any report made under	35651
division (F) of this section to the prosecuting attorney, the	35652
child's attorney, and the child's guardian ad litem, if any. The	35653
court shall provide copies of any report made under division (F)	35654
of this section to the child's parents, guardian, or custodian	35655
unless the court finds that doing so is not in the best interest	35656
of the child.	35657

(H)(1) Within fifteen business days after receiving a report	35658
under division (F) of this section, the court may hold a hearing	35659
to determine if a new order is necessary. To assist in making a	35660
determination under division (H) of this section, the court may	35661
order a new competency evaluation in accordance with section	35662
2152.53 of the Revised Code. Until a new order is issued or the	35663
required period of participation expires, the child shall continue	35664
to participate in competency attainment services.	35665

(2) If after a hearing held under division (H)(1) of this	35666
section the court determines that the child is not making progress	35667
toward competency or is so uncooperative that attainment services	35668
cannot be effective, the court may order a change in setting or	35669
services that would help the child attain competency within the	35670
relevant period of time under division (D)(2) of this section.	35671

(3) If after a hearing held under division (H)(1) of this	35672
section the court determines that the child has not or will not	35673
attain competency within the relevant period of time under	35674
division (D)(2) of this section, the court shall dismiss the	35675
delinquency complaint without prejudice, except that the court may	35676
delay dismissal for up to ninety calendar days and do either of	35677
the following:	35678

(a) Refer the matter to a public children services agency and	35679
request that agency determine whether to file an action in	35680
accordance with section 2151.27 of the Revised Code alleging that	35681
the child is a dependent, neglected, or abused child;	35682

(b) Assign court staff to refer the child or the child's	35683
family to the local family and children first council or an agency	35684
funded by the department of ~~mental health~~mental health and	35685
addiction services or department of developmental disabilities or	35686
otherwise secure services to reduce the potential that the child	35687
would engage in behavior that could result in delinquency or other	35688
criminal charges.	35689

(4) A dismissal under division (H)(3) of this section does	35690
not preclude a future delinquent child proceeding or criminal	35691
prosecution as provided under section 2151.23 of the Revised Code	35692
if the child eventually attains competency.	35693

(5) If after a hearing held under division (H)(1) of this	35694
section the court determines that the child has attained	35695
competency, the court shall proceed with the delinquent child's	35696
proceeding in accordance with division (A) of this section.	35697

(6) A dismissal under this section does not bar a civil	35698
action based on the acts or omissions that formed the basis of the	35699
complaint.	35700

Sec. 2301.14. The clerk of the court of common pleas in	35701
which the service of a court interpreter is rendered shall tax in	35702
the cost bill in such case, to be collected as other costs, the	35703
sum of three dollars for each day of service of such interpreter,	35704
which fees shall be paid into the county treasury to the credit of	35705
the county fund. If the party taxed with costs is indigent, the	35706
clerk shall not tax the interpreter's fees as costs, and the	35707
county shall pay the interpreter's fees.	35708

Sec. 2303.201. (A)(1) The court of common pleas of any	35709
county may determine that for the efficient operation of the court	35710
additional funds are required to computerize the court, to make	35711
available computerized legal research services, or to do both.	35712
Upon making a determination that additional funds are required for	35713
either or both of those purposes, the court shall authorize and	35714
direct the clerk of the court of common pleas to charge one	35715
additional fee, not to exceed six dollars, on the filing of each	35716
cause of action or appeal under divisions (A), (Q), and (U) of	35717
section 2303.20 of the Revised Code.	35718

(2) All fees collected under division (A)(1) of this section	35719
shall be paid to the county treasurer. The treasurer shall place	35720
the funds from the fees in a separate fund to be disbursed either	35721
upon an order of the court, subject to an appropriation by the	35722
board of county commissioners, or upon an order of the court,	35723
subject to the court making an annual report available to the	35724
public listing the use of all such funds, in an amount not greater	35725
than the actual cost to the court of procuring and maintaining	35726
computerization of the court, computerized legal research	35727
services, or both.	35728

(3) If the court determines that the funds in the fund	35729
described in division (A)(2) of this section are more than	35730
sufficient to satisfy the purpose for which the additional fee	35731
described in division (A)(1) of this section was imposed, the	35732
court may declare a surplus in the fund and, subject to an	35733
appropriation by the board of county commissioners, expend those	35734
surplus funds, or upon an order of the court, subject to the court	35735
making an annual report available to the public listing the use of	35736
all such funds, expend those surplus funds, for other appropriate	35737
technological expenses of the court.	35738

(B)(1) The court of common pleas of any county may determine	35739
that, for the efficient operation of the court, additional funds	35740
are required to make technological advances in or to computerize	35741
the office of the clerk of the court of common pleas and, upon	35742
that determination, authorize and direct the clerk of the court of	35743
common pleas to charge an additional fee, not to exceed twenty	35744
dollars, on the filing of each cause of action or appeal, on the	35745
filing, docketing, and endorsing of each certificate of judgment,	35746
or on the docketing and indexing of each aid in execution or	35747
petition to vacate, revive, or modify a judgment under divisions	35748
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	35749
and not to exceed one dollar each for the services described in	35750
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	35751
the Revised Code. Subject to division (B)(2) of this section, all	35752
moneys collected under division (B)(1) of this section shall be	35753
paid to the county treasurer to be disbursed, upon an order of the	35754
court of common pleas and subject to appropriation by the board of	35755
county commissioners, in an amount no greater than the actual cost	35756
to the court of procuring and maintaining technology and computer	35757
systems for the office of the clerk of the court of common pleas.	35758

(2) If the court of common pleas of a county makes the	35759
determination described in division (B)(1) of this section, the	35760
board of county commissioners of that county may issue one or more	35761
general obligation bonds for the purpose of procuring and	35762
maintaining the technology and computer systems for the office of	35763
the clerk of the court of common pleas. In addition to the	35764
purposes stated in division (B)(1) of this section for which the	35765
moneys collected under that division may be expended, the moneys	35766
additionally may be expended to pay debt charges on and financing	35767
costs related to any general obligation bonds issued pursuant to	35768
division (B)(2) of this section as they become due. General	35769
obligation bonds issued pursuant to division (B)(2) of this	35770
section are Chapter 133. securities.	35771

(C) The court of common pleas shall collect the sum of	35772
twenty-six dollars as additional filing fees in each new civil	35773
action or proceeding for the charitable public purpose of	35774
providing financial assistance to legal aid societies that operate	35775
within the state and to support the office of the state public	35776
defender. This division does not apply to proceedings concerning	35777
annulments, dissolutions of marriage, divorces, legal separation,	35778
spousal support, marital property or separate property	35779
distribution, support, or other domestic relations matters; to a	35780
juvenile division of a court of common pleas; to a probate	35781
division of a court of common pleas, except that the additional	35782
filing fees shall apply to name change, guardianship, adoption,	35783
and decedents' estate proceedings; or to an execution on a	35784
judgment, proceeding in aid of execution, or other post-judgment	35785
proceeding arising out of a civil action. The filing fees required	35786
to be collected under this division shall be in addition to any	35787
other filing fees imposed in the action or proceeding and shall be	35788
collected at the time of the filing of the action or proceeding.	35789
The court shall not waive the payment of the additional filing	35790
fees in a new civil action or proceeding unless the court waives	35791
the advanced payment of all filing fees in the action or	35792
proceeding. All such moneys collected during a month except for an	35793
amount equal to up to one per cent of those moneys retained to	35794
cover administrative costs shall be transmitted on or before the	35795
twentieth day of the following month by the clerk of the court to	35796
the treasurer of state in a manner prescribed by the treasurer of	35797
state or by the Ohio legal assistance foundation. The treasurer of	35798
state shall deposit four per cent of the funds collected under	35799
this division to the credit of the civil case filing fee fund	35800
established under section 120.07 of the Revised Code and	35801
ninety-six per cent of the funds collected under this division to	35802
the credit of the legal aid fund established under section 120.52	35803
of the Revised Code.	35804

The court may retain up to one per cent of the moneys it	35805
collects under this division to cover administrative costs,	35806
including the hiring of any additional personnel necessary to	35807
implement this division. If the court fails to transmit to the	35808
treasurer of state the moneys the court collects under this	35809
division in a manner prescribed by the treasurer of state or by	35810
the Ohio legal assistance foundation, the court shall forfeit the	35811
moneys the court retains under this division to cover	35812
administrative costs, including the hiring of any additional	35813
personnel necessary to implement this division, and shall transmit	35814
to the treasurer of state all moneys collected under this	35815
division, including the forfeited amount retained for	35816
administrative costs, for deposit in the legal aid fund.	35817

(D) On and after the thirtieth day after December 9, 1994,	35818
the court of common pleas shall collect the sum of thirty-two	35819
dollars as additional filing fees in each new action or proceeding	35820
for annulment, divorce, or dissolution of marriage for the purpose	35821
of funding shelters for victims of domestic violence pursuant to	35822
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	35823
required to be collected under this division shall be in addition	35824
to any other filing fees imposed in the action or proceeding and	35825
shall be collected at the time of the filing of the action or	35826
proceeding. The court shall not waive the payment of the	35827
additional filing fees in a new action or proceeding for	35828
annulment, divorce, or dissolution of marriage unless the court	35829
waives the advanced payment of all filing fees in the action or	35830
proceeding. On or before the twentieth day of each month, all	35831
moneys collected during the immediately preceding month pursuant	35832
to this division shall be deposited by the clerk of the court into	35833
the county treasury in the special fund used for deposit of	35834
additional marriage license fees as described in section 3113.34	35835
of the Revised Code. Upon their deposit into the fund, the moneys	35836
shall be retained in the fund and expended only as described in	35837
section 3113.34 of the Revised Code.	35838

(E)(1) The court of common pleas may determine that, for the	35839
efficient operation of the court, additional funds are necessary	35840
to acquire and pay for special projects of the court, including,	35841
but not limited to, the acquisition of additional facilities or	35842
the rehabilitation of existing facilities, the acquisition of	35843
equipment, the hiring and training of staff, community service	35844
programs, mediation or dispute resolution services, the employment	35845
of magistrates, the training and education of judges, acting	35846
judges, and magistrates, and other related services. Upon that	35847
determination, the court by rule may charge a fee, in addition to	35848
all other court costs, on the filing of each criminal cause, civil	35849
action or proceeding, or judgment by confession.	35850

If the court of common pleas offers or requires a special	35851
program or ~~service~~additional services in cases of a specific	35852
type, the court by rule may assess an additional charge in a case	35853
of that type, over and above court costs, to cover the special	35854
program or service. The court shall adjust the special assessment	35855
periodically, but not retroactively, so that the amount assessed	35856
in those cases does not exceed the actual cost of providing the	35857
service or program.	35858

All moneys collected under division (E) of this section shall	35859
be paid to the county treasurer for deposit into either a general	35860
special projects fund or a fund established for a specific special	35861
project. Moneys from a fund of that nature shall be disbursed upon	35862
an order of the court, subject to an appropriation by the board of	35863
county commissioners, in an amount no greater than the actual cost	35864
to the court of a project. If a specific fund is terminated	35865
because of the discontinuance of a program or service established	35866
under division (E) of this section, the court may order, subject	35867
to an appropriation by the board of county commissioners, that	35868
moneys remaining in the fund be transferred to an account	35869
established under this division for a similar purpose.	35870

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

35871

(a) "Criminal cause" means a charge alleging the violation of	35872
a statute or ordinance, or subsection of a statute or ordinance,	35873
that requires a separate finding of fact or a separate plea before	35874
disposition and of which the defendant may be found guilty,	35875
whether filed as part of a multiple charge on a single summons,	35876
citation, or complaint or as a separate charge on a single	35877
summons, citation, or complaint. "Criminal cause" does not include	35878
separate violations of the same statute or ordinance, or	35879
subsection of the same statute or ordinance, unless each charge is	35880
filed on a separate summons, citation, or complaint.	35881

(b) "Civil action or proceeding" means any civil litigation	35882
that must be determined by judgment entry.	35883

Sec. 2305.234. (A) As used in this section:

35884

(1) "Chiropractic claim," "medical claim," and "optometric	35885
claim" have the same meanings as in section 2305.113 of the	35886
Revised Code.	35887

(2) "Dental claim" has the same meaning as in section	35888
2305.113 of the Revised Code, except that it does not include any	35889
claim arising out of a dental operation or any derivative claim	35890
for relief that arises out of a dental operation.	35891

(3) "Governmental health care program" has the same meaning	35892
as in section 4731.65 of the Revised Code.	35893

(4) "Health care facility or location" means a hospital,	35894
clinic, ambulatory surgical facility, office of a health care	35895
professional or associated group of health care professionals,	35896
training institution for health care professionals, or any other	35897
place where medical, dental, or other health-related diagnosis,	35898
care, or treatment is provided to a person.	35899

(5) "Health care professional" means any of the following who	35900
provide medical, dental, or other health-related diagnosis, care,	35901
or treatment:	35902

(a) Physicians authorized under Chapter 4731. of the Revised	35903
Code to practice medicine and surgery or osteopathic medicine and	35904
surgery;	35905

(b) Registered nurses and licensed practical nurses licensed	35906
under Chapter 4723. of the Revised Code and individuals who hold a	35907
certificate of authority issued under that chapter that authorizes	35908
the practice of nursing as a certified registered nurse	35909
anesthetist, clinical nurse specialist, certified nurse-midwife,	35910
or certified nurse practitioner;	35911

(c) Physician assistants authorized to practice under Chapter	35912
4730. of the Revised Code;	35913

(d) Dentists and dental hygienists licensed under Chapter	35914
4715. of the Revised Code;	35915

(e) Physical therapists, physical therapist assistants,	35916
occupational therapists, and occupational therapy assistants	35917
licensed under Chapter 4755. of the Revised Code;	35918

(f) Chiropractors licensed under Chapter 4734. of the Revised	35919
Code;	35920

(g) Optometrists licensed under Chapter 4725. of the Revised	35921
Code;	35922

(h) Podiatrists authorized under Chapter 4731. of the Revised	35923
Code to practice podiatry;	35924

(i) Dietitians licensed under Chapter 4759. of the Revised	35925
Code;	35926

(j) Pharmacists licensed under Chapter 4729. of the Revised	35927
Code;	35928

(k) Emergency medical technicians-basic, emergency medical	35929
technicians-intermediate, and emergency medical	35930
technicians-paramedic, certified under Chapter 4765. of the	35931
Revised Code;	35932

(l) Respiratory care professionals licensed under Chapter	35933
4761. of the Revised Code;	35934

(m) Speech-language pathologists and audiologists licensed	35935
under Chapter 4753. of the Revised Code;	35936

(n) Professional clinical counselors, professional	35937
counselors, independent social workers, social workers,	35938
independent marriage and family therapists, and marriage and	35939
family therapists, licensed under Chapter 4757. of the Revised	35940
Code;	35941

(o) Psychologists licensed under Chapter 4732. of the Revised	35942
Code;	35943

(p) Independent chemical dependency counselors, chemical	35944
dependency counselors III, chemical dependency counselors II, and	35945
chemical dependency counselors I, licensed under Chapter 4758. of	35946
the Revised Code.	35947

(6) "Health care worker" means a person other than a health	35948
care professional who provides medical, dental, or other	35949
health-related care or treatment under the direction of a health	35950
care professional with the authority to direct that individual's	35951
activities, including medical technicians, medical assistants,	35952
dental assistants, orderlies, aides, and individuals acting in	35953
similar capacities.	35954

(7) "Indigent and uninsured person" means a person who meets	35955
all of the following requirements:	35956

(a) The person's income is not greater than two hundred per	35957
cent of the current poverty line as defined by the United States	35958
office of management and budget and revised in accordance with	35959
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	35960
95 Stat. 511, 42 U.S.C. 9902, as amended.	35961

(b) The person is not eligible ~~to receive medical assistance~~	35962
~~under Chapter 5111. of the Revised Code or assistance under~~for	35963
the medicaid program or any other governmental health care	35964
program.	35965

35966

(i) The person is not a policyholder, certificate holder,	35967
insured, contract holder, subscriber, enrollee, member,	35968
beneficiary, or other covered individual under a health insurance	35969
or health care policy, contract, or plan.	35970

(ii) The person is a policyholder, certificate holder,	35971
insured, contract holder, subscriber, enrollee, member,	35972
beneficiary, or other covered individual under a health insurance	35973
or health care policy, contract, or plan, but the insurer, policy,	35974
contract, or plan denies coverage or is the subject of insolvency	35975
or bankruptcy proceedings in any jurisdiction.	35976

(8) "Nonprofit health care referral organization" means an	35977
entity that is not operated for profit and refers patients to, or	35978
arranges for the provision of, health-related diagnosis, care, or	35979
treatment by a health care professional or health care worker.	35980

(9) "Operation" means any procedure that involves cutting or	35981
otherwise infiltrating human tissue by mechanical means, including	35982
surgery, laser surgery, ionizing radiation, therapeutic	35983
ultrasound, or the removal of intraocular foreign bodies.	35984
"Operation" does not include the administration of medication by	35985
injection, unless the injection is administered in conjunction	35986
with a procedure infiltrating human tissue by mechanical means	35987
other than the administration of medicine by injection.	35988
"Operation" does not include routine dental restorative	35989
procedures, the scaling of teeth, or extractions of teeth that are	35990
not impacted.	35991

(10) "Tort action" means a civil action for damages for	35992
injury, death, or loss to person or property other than a civil	35993
action for damages for a breach of contract or another agreement	35994
between persons or government entities.	35995

(11) "Volunteer" means an individual who provides any	35996
medical, dental, or other health-care related diagnosis, care, or	35997
treatment without the expectation of receiving and without receipt	35998
of any compensation or other form of remuneration from an indigent	35999
and uninsured person, another person on behalf of an indigent and	36000
uninsured person, any health care facility or location, any	36001
nonprofit health care referral organization, or any other person	36002
or government entity.	36003

(12) "Community control sanction" has the same meaning as in	36004
section 2929.01 of the Revised Code.	36005

(13) "Deep sedation" means a drug-induced depression of	36006
consciousness during which a patient cannot be easily aroused but	36007
responds purposefully following repeated or painful stimulation, a	36008
patient's ability to independently maintain ventilatory function	36009
may be impaired, a patient may require assistance in maintaining a	36010
patent airway and spontaneous ventilation may be inadequate, and	36011
cardiovascular function is usually maintained.	36012

(14) "General anesthesia" means a drug-induced loss of	36013
consciousness during which a patient is not arousable, even by	36014
painful stimulation, the ability to independently maintain	36015
ventilatory function is often impaired, a patient often requires	36016
assistance in maintaining a patent airway, positive pressure	36017
ventilation may be required because of depressed spontaneous	36018
ventilation or drug-induced depression of neuromuscular function,	36019
and cardiovascular function may be impaired.	36020

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	36021
health care professional who is a volunteer and complies with	36022
division (B)(2) of this section is not liable in damages to any	36023
person or government entity in a tort or other civil action,	36024
including an action on a medical, dental, chiropractic,	36025
optometric, or other health-related claim, for injury, death, or	36026
loss to person or property that allegedly arises from an action or	36027
omission of the volunteer in the provision to an indigent and	36028
uninsured person of medical, dental, or other health-related	36029
diagnosis, care, or treatment, including the provision of samples	36030
of medicine and other medical products, unless the action or	36031
omission constitutes willful or wanton misconduct.	36032

(2) To qualify for the immunity described in division (B)(1)	36033
of this section, a health care professional shall do all of the	36034
following prior to providing diagnosis, care, or treatment:	36035

(a) Determine, in good faith, that the indigent and uninsured	36036
person is mentally capable of giving informed consent to the	36037
provision of the diagnosis, care, or treatment and is not subject	36038
to duress or under undue influence;	36039

(b) Inform the person of the provisions of this section,	36040
including notifying the person that, by giving informed consent to	36041
the provision of the diagnosis, care, or treatment, the person	36042
cannot hold the health care professional liable for damages in a	36043
tort or other civil action, including an action on a medical,	36044
dental, chiropractic, optometric, or other health-related claim,	36045
unless the action or omission of the health care professional	36046
constitutes willful or wanton misconduct;	36047

(c) Obtain the informed consent of the person and a written	36048
waiver, signed by the person or by another individual on behalf of	36049
and in the presence of the person, that states that the person is	36050
mentally competent to give informed consent and, without being	36051
subject to duress or under undue influence, gives informed consent	36052
to the provision of the diagnosis, care, or treatment subject to	36053
the provisions of this section. A written waiver under division	36054
(B)(2)(c) of this section shall state clearly and in conspicuous	36055
type that the person or other individual who signs the waiver is	36056
signing it with full knowledge that, by giving informed consent to	36057
the provision of the diagnosis, care, or treatment, the person	36058
cannot bring a tort or other civil action, including an action on	36059
a medical, dental, chiropractic, optometric, or other	36060
health-related claim, against the health care professional unless	36061
the action or omission of the health care professional constitutes	36062
willful or wanton misconduct.	36063

(3) A physician or podiatrist who is not covered by medical	36064
malpractice insurance, but complies with division (B)(2) of this	36065
section, is not required to comply with division (A) of section	36066
4731.143 of the Revised Code.	36067

(C) Subject to divisions (F) and (G)(3) of this section,	36068
health care workers who are volunteers are not liable in damages	36069
to any person or government entity in a tort or other civil	36070
action, including an action upon a medical, dental, chiropractic,	36071
optometric, or other health-related claim, for injury, death, or	36072
loss to person or property that allegedly arises from an action or	36073
omission of the health care worker in the provision to an indigent	36074
and uninsured person of medical, dental, or other health-related	36075
diagnosis, care, or treatment, unless the action or omission	36076
constitutes willful or wanton misconduct.	36077

(D) Subject to divisions (F) and (G)(3) of this section, a	36078
nonprofit health care referral organization is not liable in	36079
damages to any person or government entity in a tort or other	36080
civil action, including an action on a medical, dental,	36081
chiropractic, optometric, or other health-related claim, for	36082
injury, death, or loss to person or property that allegedly arises	36083
from an action or omission of the nonprofit health care referral	36084
organization in referring indigent and uninsured persons to, or	36085
arranging for the provision of, medical, dental, or other	36086
health-related diagnosis, care, or treatment by a health care	36087
professional described in division (B)(1) of this section or a	36088
health care worker described in division (C) of this section,	36089
unless the action or omission constitutes willful or wanton	36090
misconduct.	36091

(E) Subject to divisions (F) and (G)(3) of this section and	36092
to the extent that the registration requirements of section	36093
3701.071 of the Revised Code apply, a health care facility or	36094
location associated with a health care professional described in	36095
division (B)(1) of this section, a health care worker described in	36096
division (C) of this section, or a nonprofit health care referral	36097
organization described in division (D) of this section is not	36098
liable in damages to any person or government entity in a tort or	36099
other civil action, including an action on a medical, dental,	36100
chiropractic, optometric, or other health-related claim, for	36101
injury, death, or loss to person or property that allegedly arises	36102
from an action or omission of the health care professional or	36103
worker or nonprofit health care referral organization relative to	36104
the medical, dental, or other health-related diagnosis, care, or	36105
treatment provided to an indigent and uninsured person on behalf	36106
of or at the health care facility or location, unless the action	36107
or omission constitutes willful or wanton misconduct.	36108

(F)(1) Except as provided in division (F)(2) of this section,	36109
the immunities provided by divisions (B), (C), (D), and (E) of	36110
this section are not available to a health care professional,	36111
health care worker, nonprofit health care referral organization,	36112
or health care facility or location if, at the time of an alleged	36113
injury, death, or loss to person or property, the health care	36114
professionals or health care workers involved are providing one of	36115
the following:	36116

(a) Any medical, dental, or other health-related diagnosis,	36117
care, or treatment pursuant to a community service work order	36118
entered by a court under division (B) of section 2951.02 of the	36119
Revised Code or imposed by a court as a community control	36120
sanction;	36121

(b) Performance of an operation to which any one of the	36122
following applies:	36123

(i) The operation requires the administration of deep	36124
sedation or general anesthesia.	36125

(ii) The operation is a procedure that is not typically	36126
performed in an office.	36127

(iii) The individual involved is a health care professional,	36128
and the operation is beyond the scope of practice or the	36129
education, training, and competence, as applicable, of the health	36130
care professional.	36131

(c) Delivery of a baby or any other purposeful termination of	36132
a human pregnancy.	36133

(2) Division (F)(1) of this section does not apply when a	36134
health care professional or health care worker provides medical,	36135
dental, or other health-related diagnosis, care, or treatment that	36136
is necessary to preserve the life of a person in a medical	36137
emergency.	36138

(G)(1) This section does not create a new cause of action or	36139
substantive legal right against a health care professional, health	36140
care worker, nonprofit health care referral organization, or	36141
health care facility or location.	36142

(2) This section does not affect any immunities from civil	36143
liability or defenses established by another section of the	36144
Revised Code or available at common law to which a health care	36145
professional, health care worker, nonprofit health care referral	36146
organization, or health care facility or location may be entitled	36147
in connection with the provision of emergency or other medical,	36148
dental, or other health-related diagnosis, care, or treatment.	36149

(3) This section does not grant an immunity from tort or	36150
other civil liability to a health care professional, health care	36151
worker, nonprofit health care referral organization, or health	36152
care facility or location for actions that are outside the scope	36153
of authority of health care professionals or health care workers.	36154

(4) This section does not affect any legal responsibility of	36155
a health care professional, health care worker, or nonprofit	36156
health care referral organization to comply with any applicable	36157
law of this state or rule of an agency of this state.	36158

(5) This section does not affect any legal responsibility of	36159
a health care facility or location to comply with any applicable	36160
law of this state, rule of an agency of this state, or local code,	36161
ordinance, or regulation that pertains to or regulates building,	36162
housing, air pollution, water pollution, sanitation, health, fire,	36163
zoning, or safety.	36164

Sec. 2307.65. (A) The attorney general may bring a civil	36165
action in the Franklin county court of common pleas on behalf of	36166
the department of ~~job and family services~~medicaid, and the	36167
prosecuting attorney of the county in which a violation of	36168
division (B) of section 2913.401 of the Revised Code occurs may	36169
bring a civil action in the court of common pleas of that county	36170
on behalf of the county department of job and family services,	36171
against a person who violates division (B) of section 2913.401 of	36172
the Revised Code for the recovery of the amount of benefits paid	36173
on behalf of a person that either department would not have paid	36174
but for the violation minus any amounts paid in restitution under	36175
division (C)(2) of section 2913.401 of the Revised Code and for	36176
reasonable attorney's fees and all other fees and costs of	36177
litigation.	36178

(B) In a civil action brought under division (A) of this	36179
section, if the defendant failed to disclose a transfer of	36180
property in violation of division (B)(3) of section 2913.401 of	36181
the Revised Code, the court may also grant any of the following	36182
relief to the extent permitted by the "Social Security Act,"	36183
section 1917, 42 U.S.C. 1396p:	36184

(1) Avoidance of the transfer of property that was not	36185
disclosed in violation of division (B)(3) of section 2913.401 of	36186
the Revised Code to the extent of the amount of benefits the	36187
department would not have paid but for the violation;	36188

(2) An order of attachment or garnishment against the	36189
property in accordance with Chapter 2715. or 2716. of the Revised	36190
Code;	36191

(3) An injunction against any further disposition by the	36192
transferor or transferee, or both, of the property the transfer of	36193
which was not disclosed in violation of division (B)(3) of section	36194
2913.401 of the Revised Code or against the disposition of other	36195
property by the transferor or transferee;	36196

(4) Appointment of a receiver to take charge of the property	36197
transferred or of other property of the transferee;	36198

(5) Any other relief that the court considers just and	36199
equitable.	36200

(C) To the extent permitted by the "Social Security Act,"	36201
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	36202
~~services~~medicaid or the county department of job and family	36203
services may enforce a judgment obtained under this section by	36204
levying on property the transfer of which was not disclosed in	36205
violation of division (B)(3) of section 2913.401 of the Revised	36206
Code or on the proceeds of the transfer of that property in	36207
accordance with Chapter 2329. of the Revised Code.	36208

(D) The remedies provided in divisions (B) and (C) of this	36209
section do not apply if the transferee of the property the	36210
transfer of which was not disclosed in violation of division	36211
(B)(3) of section 2913.401 of the Revised Code acquired the	36212
property in good faith and for fair market value.	36213

(E) The remedies provided in this section are not exclusive	36214
and do not preclude the use of any other criminal or civil remedy	36215
for any act that is in violation of section 2913.401 of the	36216
Revised Code.	36217

(F) Amounts of medicaid ~~benefits~~services paid and recovered	36218
in an action brought under this section shall be credited to the	36219
general revenue fund, and any applicable federal share shall be	36220
returned to the appropriate agency or department of the United	36221
States.	36222

Sec. 2311.14. (A)(1) Whenever because of a hearing, speech,	36223
or other impairment a party to or witness in a legal proceeding	36224
cannot readily understand or communicate, the court shall appoint	36225
a qualified interpreter to assist such person. ~~Before appointing~~	36226
~~any interpreter under this division for a party or witness who is~~	36227
~~a mentally retarded person or developmentally disabled person, the~~	36228
~~court shall evaluate the qualifications of the interpreter and~~	36229
~~shall make a determination as to the ability of the interpreter to~~	36230
~~effectively interpret on behalf of the party or witness that the~~	36231
~~interpreter will assist, and the court may appoint the interpreter~~	36232
~~only if the court is satisfied that the interpreter is able to~~	36233
~~effectively interpret on behalf of that party or witness.~~	36234

(2) This section is not limited to a person who speaks a	36235
language other than English. It also applies to the language and	36236
descriptions of any mentally retarded person or developmentally	36237
disabled person who cannot be reasonably understood, or who cannot	36238
understand questioning, without the aid of an interpreter. The	36239
interpreter may aid the parties in formulating methods of	36240
questioning the person with mental retardation or a developmental	36241
disability and in interpreting the answers of the person.	36242

(B) Before entering upon official duties, the interpreter	36243
shall take an oath that the interpreter will make a true	36244
interpretation of the proceedings to the party or witness, and	36245
that the interpreter will truly repeat the statements made by such	36246
party or witness to the court, to the best of the interpreter's	36247
ability. If the interpreter is appointed to assist a mentally	36248
retarded person or developmentally disabled person as described in	36249
division (A)(2) of this section, the oath also shall include an	36250
oath that the interpreter will not prompt, lead, suggest, or	36251
otherwise improperly influence the testimony of the witness or	36252
party.	36253

(C) The court shall determine a reasonable fee for all such	36254
interpreter service which shall be paid out of the same funds as	36255
witness fees. If the party taxed with costs is indigent, the court	36256
shall not tax the interpreter's fees as costs, and the county	36257
shall pay the interpreter's fees.	36258

(D) As used in this section, "mentally retarded person" and	36259
"developmentally disabled person" have the same meanings as in	36260
section 5123.01 of the Revised Code.	36261

Sec. 2317.02. The following persons shall not testify in	36262
certain respects:	36263

(A)(1) An attorney, concerning a communication made to the	36264
attorney by a client in that relation or concerning the attorney's	36265
advice to a client, except that the attorney may testify by	36266
express consent of the client or, if the client is deceased, by	36267
the express consent of the surviving spouse or the executor or	36268
administrator of the estate of the deceased client. However, if	36269
the client voluntarily reveals the substance of attorney-client	36270
communications in a nonprivileged context or is deemed by section	36271
2151.421 of the Revised Code to have waived any testimonial	36272
privilege under this division, the attorney may be compelled to	36273
testify on the same subject.	36274

The testimonial privilege established under this division	36275
does not apply concerning a communication between a client who has	36276
since died and the deceased client's attorney if the communication	36277
is relevant to a dispute between parties who claim through that	36278
deceased client, regardless of whether the claims are by testate	36279
or intestate succession or by inter vivos transaction, and the	36280
dispute addresses the competency of the deceased client when the	36281
deceased client executed a document that is the basis of the	36282
dispute or whether the deceased client was a victim of fraud,	36283
undue influence, or duress when the deceased client executed a	36284
document that is the basis of the dispute.	36285

(2) An attorney, concerning a communication made to the	36286
attorney by a client in that relationship or the attorney's advice	36287
to a client, except that if the client is an insurance company,	36288
the attorney may be compelled to testify, subject to an in camera	36289
inspection by a court, about communications made by the client to	36290
the attorney or by the attorney to the client that are related to	36291
the attorney's aiding or furthering an ongoing or future	36292
commission of bad faith by the client, if the party seeking	36293
disclosure of the communications has made a prima-facie showing of	36294
bad faith, fraud, or criminal misconduct by the client.	36295

(B)(1) A physician or a dentist concerning a communication	36296
made to the physician or dentist by a patient in that relation or	36297
the physician's or dentist's advice to a patient, except as	36298
otherwise provided in this division, division (B)(2), and division	36299
(B)(3) of this section, and except that, if the patient is deemed	36300
by section 2151.421 of the Revised Code to have waived any	36301
testimonial privilege under this division, the physician may be	36302
compelled to testify on the same subject.	36303

The testimonial privilege established under this division	36304
does not apply, and a physician or dentist may testify or may be	36305
compelled to testify, in any of the following circumstances:	36306

(a) In any civil action, in accordance with the discovery	36307
provisions of the Rules of Civil Procedure in connection with a	36308
civil action, or in connection with a claim under Chapter 4123. of	36309
the Revised Code, under any of the following circumstances:	36310

(i) If the patient or the guardian or other legal	36311
representative of the patient gives express consent;	36312

(ii) If the patient is deceased, the spouse of the patient or	36313
the executor or administrator of the patient's estate gives	36314
express consent;	36315

(iii) If a medical claim, dental claim, chiropractic claim,	36316
or optometric claim, as defined in section 2305.113 of the Revised	36317
Code, an action for wrongful death, any other type of civil	36318
action, or a claim under Chapter 4123. of the Revised Code is	36319
filed by the patient, the personal representative of the estate of	36320
the patient if deceased, or the patient's guardian or other legal	36321
representative.	36322

(b) In any civil action concerning court-ordered treatment or	36323
services received by a patient, if the court-ordered treatment or	36324
services were ordered as part of a case plan journalized under	36325
section 2151.412 of the Revised Code or the court-ordered	36326
treatment or services are necessary or relevant to dependency,	36327
neglect, or abuse or temporary or permanent custody proceedings	36328
under Chapter 2151. of the Revised Code.	36329

(c) In any criminal action concerning any test or the results	36330
of any test that determines the presence or concentration of	36331
alcohol, a drug of abuse, a combination of them, a controlled	36332
substance, or a metabolite of a controlled substance in the	36333
patient's whole blood, blood serum or plasma, breath, urine, or	36334
other bodily substance at any time relevant to the criminal	36335
offense in question.	36336

(d) In any criminal action against a physician or dentist. In	36337
such an action, the testimonial privilege established under this	36338
division does not prohibit the admission into evidence, in	36339
accordance with the Rules of Evidence, of a patient's medical or	36340
dental records or other communications between a patient and the	36341
physician or dentist that are related to the action and obtained	36342
by subpoena, search warrant, or other lawful means. A court that	36343
permits or compels a physician or dentist to testify in such an	36344
action or permits the introduction into evidence of patient	36345
records or other communications in such an action shall require	36346
that appropriate measures be taken to ensure that the	36347
confidentiality of any patient named or otherwise identified in	36348
the records is maintained. Measures to ensure confidentiality that	36349
may be taken by the court include sealing its records or deleting	36350
specific information from its records.	36351

(e)(i) If the communication was between a patient who has	36352
since died and the deceased patient's physician or dentist, the	36353
communication is relevant to a dispute between parties who claim	36354
through that deceased patient, regardless of whether the claims	36355
are by testate or intestate succession or by inter vivos	36356
transaction, and the dispute addresses the competency of the	36357
deceased patient when the deceased patient executed a document	36358
that is the basis of the dispute or whether the deceased patient	36359
was a victim of fraud, undue influence, or duress when the	36360
deceased patient executed a document that is the basis of the	36361
dispute.	36362

(ii) If neither the spouse of a patient nor the executor or	36363
administrator of that patient's estate gives consent under	36364
division (B)(1)(a)(ii) of this section, testimony or the	36365
disclosure of the patient's medical records by a physician,	36366
dentist, or other health care provider under division (B)(1)(e)(i)	36367
of this section is a permitted use or disclosure of protected	36368
health information, as defined in 45 C.F.R. 160.103, and an	36369
authorization or opportunity to be heard shall not be required.	36370

(iii) Division (B)(1)(e)(i) of this section does not require	36371
a mental health professional to disclose psychotherapy notes, as	36372
defined in 45 C.F.R. 164.501.	36373

(iv) An interested person who objects to testimony or	36374
disclosure under division (B)(1)(e)(i) of this section may seek a	36375
protective order pursuant to Civil Rule 26.	36376

(v) A person to whom protected health information is	36377
disclosed under division (B)(1)(e)(i) of this section shall not	36378
use or disclose the protected health information for any purpose	36379
other than the litigation or proceeding for which the information	36380
was requested and shall return the protected health information to	36381
the covered entity or destroy the protected health information,	36382
including all copies made, at the conclusion of the litigation or	36383
proceeding.	36384

(2)(a) If any law enforcement officer submits a written	36385
statement to a health care provider that states that an official	36386
criminal investigation has begun regarding a specified person or	36387
that a criminal action or proceeding has been commenced against a	36388
specified person, that requests the provider to supply to the	36389
officer copies of any records the provider possesses that pertain	36390
to any test or the results of any test administered to the	36391
specified person to determine the presence or concentration of	36392
alcohol, a drug of abuse, a combination of them, a controlled	36393
substance, or a metabolite of a controlled substance in the	36394
person's whole blood, blood serum or plasma, breath, or urine at	36395
any time relevant to the criminal offense in question, and that	36396
conforms to section 2317.022 of the Revised Code, the provider,	36397
except to the extent specifically prohibited by any law of this	36398
state or of the United States, shall supply to the officer a copy	36399
of any of the requested records the provider possesses. If the	36400
health care provider does not possess any of the requested	36401
records, the provider shall give the officer a written statement	36402
that indicates that the provider does not possess any of the	36403
requested records.	36404

(b) If a health care provider possesses any records of the	36405
type described in division (B)(2)(a) of this section regarding the	36406
person in question at any time relevant to the criminal offense in	36407
question, in lieu of personally testifying as to the results of	36408
the test in question, the custodian of the records may submit a	36409
certified copy of the records, and, upon its submission, the	36410
certified copy is qualified as authentic evidence and may be	36411
admitted as evidence in accordance with the Rules of Evidence.	36412
Division (A) of section 2317.422 of the Revised Code does not	36413
apply to any certified copy of records submitted in accordance	36414
with this division. Nothing in this division shall be construed to	36415
limit the right of any party to call as a witness the person who	36416
administered the test to which the records pertain, the person	36417
under whose supervision the test was administered, the custodian	36418
of the records, the person who made the records, or the person	36419
under whose supervision the records were made.	36420

(3)(a) If the testimonial privilege described in division	36421
(B)(1) of this section does not apply as provided in division	36422
(B)(1)(a)(iii) of this section, a physician or dentist may be	36423
compelled to testify or to submit to discovery under the Rules of	36424
Civil Procedure only as to a communication made to the physician	36425
or dentist by the patient in question in that relation, or the	36426
physician's or dentist's advice to the patient in question, that	36427
related causally or historically to physical or mental injuries	36428
that are relevant to issues in the medical claim, dental claim,	36429
chiropractic claim, or optometric claim, action for wrongful	36430
death, other civil action, or claim under Chapter 4123. of the	36431
Revised Code.	36432

(b) If the testimonial privilege described in division (B)(1)	36433
of this section does not apply to a physician or dentist as	36434
provided in division (B)(1)(c) of this section, the physician or	36435
dentist, in lieu of personally testifying as to the results of the	36436
test in question, may submit a certified copy of those results,	36437
and, upon its submission, the certified copy is qualified as	36438
authentic evidence and may be admitted as evidence in accordance	36439
with the Rules of Evidence. Division (A) of section 2317.422 of	36440
the Revised Code does not apply to any certified copy of results	36441
submitted in accordance with this division. Nothing in this	36442
division shall be construed to limit the right of any party to	36443
call as a witness the person who administered the test in	36444
question, the person under whose supervision the test was	36445
administered, the custodian of the results of the test, the person	36446
who compiled the results, or the person under whose supervision	36447
the results were compiled.	36448

(4) The testimonial privilege described in division (B)(1) of	36449
this section is not waived when a communication is made by a	36450
physician to a pharmacist or when there is communication between a	36451
patient and a pharmacist in furtherance of the physician-patient	36452
relation.	36453

(5)(a) As used in divisions (B)(1) to (4) of this section,	36454
"communication" means acquiring, recording, or transmitting any	36455
information, in any manner, concerning any facts, opinions, or	36456
statements necessary to enable a physician or dentist to diagnose,	36457
treat, prescribe, or act for a patient. A "communication" may	36458
include, but is not limited to, any medical or dental, office, or	36459
hospital communication such as a record, chart, letter,	36460
memorandum, laboratory test and results, x-ray, photograph,	36461
financial statement, diagnosis, or prognosis.	36462

(b) As used in division (B)(2) of this section, "health care	36463
provider" means a hospital, ambulatory care facility, long-term	36464
care facility, pharmacy, emergency facility, or health care	36465
practitioner.	36466

36467

(i) "Ambulatory care facility" means a facility that provides	36468
medical, diagnostic, or surgical treatment to patients who do not	36469
require hospitalization, including a dialysis center, ambulatory	36470
surgical facility, cardiac catheterization facility, diagnostic	36471
imaging center, extracorporeal shock wave lithotripsy center, home	36472
health agency, inpatient hospice, birthing center, radiation	36473
therapy center, emergency facility, and an urgent care center.	36474
"Ambulatory health care facility" does not include the private	36475
office of a physician or dentist, whether the office is for an	36476
individual or group practice.	36477

(ii) "Emergency facility" means a hospital emergency	36478
department or any other facility that provides emergency medical	36479
services.	36480

(iii) "Health care practitioner" has the same meaning as in	36481
section 4769.01 of the Revised Code.	36482

(iv) "Hospital" has the same meaning as in section 3727.01 of	36483
the Revised Code.	36484

(v) "Long-term care facility" means a nursing home,	36485
residential care facility, or home for the aging, as those terms	36486
are defined in section 3721.01 of the Revised Code; a residential	36487
facility licensed under section ~~5119.22~~5119.34 of the Revised	36488
Code that provides accommodations, supervision, and personal care	36489
services for three to sixteen unrelated adults; a nursing facility	36490
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	36491
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	36492
a ~~facility or portion of a facility certified as a~~ skilled	36493
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	36494
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	36495
section 5165.01 of the Revised Code; and an intermediate care	36496
facility for individuals with intellectual disabilities, as	36497
defined in section 5124.01 of the Revised Code.	36498

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	36499
the Revised Code.	36500

(d) As used in divisions (B)(1) and (2) of this section,	36501
"drug of abuse" has the same meaning as in section 4506.01 of the	36502
Revised Code.	36503

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	36504
apply to doctors of medicine, doctors of osteopathic medicine,	36505
doctors of podiatry, and dentists.	36506

(7) Nothing in divisions (B)(1) to (6) of this section	36507
affects, or shall be construed as affecting, the immunity from	36508
civil liability conferred by section 307.628 of the Revised Code	36509
or the immunity from civil liability conferred by section 2305.33	36510
of the Revised Code upon physicians who report an employee's use	36511
of a drug of abuse, or a condition of an employee other than one	36512
involving the use of a drug of abuse, to the employer of the	36513
employee in accordance with division (B) of that section. As used	36514
in division (B)(7) of this section, "employee," "employer," and	36515
"physician" have the same meanings as in section 2305.33 of the	36516
Revised Code.	36517

(C)(1) A cleric, when the cleric remains accountable to the	36518
authority of that cleric's church, denomination, or sect,	36519
concerning a confession made, or any information confidentially	36520
communicated, to the cleric for a religious counseling purpose in	36521
the cleric's professional character. The cleric may testify by	36522
express consent of the person making the communication, except	36523
when the disclosure of the information is in violation of a sacred	36524
trust and except that, if the person voluntarily testifies or is	36525
deemed by division (A)(4)(c) of section 2151.421 of the Revised	36526
Code to have waived any testimonial privilege under this division,	36527
the cleric may be compelled to testify on the same subject except	36528
when disclosure of the information is in violation of a sacred	36529
trust.	36530

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

36531

(a) "Cleric" means a member of the clergy, rabbi, priest,	36532
Christian Science practitioner, or regularly ordained, accredited,	36533
or licensed minister of an established and legally cognizable	36534
church, denomination, or sect.	36535

(b) "Sacred trust" means a confession or confidential	36536
communication made to a cleric in the cleric's ecclesiastical	36537
capacity in the course of discipline enjoined by the church to	36538
which the cleric belongs, including, but not limited to, the	36539
Catholic Church, if both of the following apply:	36540

(i) The confession or confidential communication was made	36541
directly to the cleric.	36542

(ii) The confession or confidential communication was made in	36543
the manner and context that places the cleric specifically and	36544
strictly under a level of confidentiality that is considered	36545
inviolate by canon law or church doctrine.	36546

(D) Husband or wife, concerning any communication made by one	36547
to the other, or an act done by either in the presence of the	36548
other, during coverture, unless the communication was made, or act	36549
done, in the known presence or hearing of a third person competent	36550
to be a witness; and such rule is the same if the marital relation	36551
has ceased to exist;	36552

(E) A person who assigns a claim or interest, concerning any	36553
matter in respect to which the person would not, if a party, be	36554
permitted to testify;	36555

(F) A person who, if a party, would be restricted under	36556
section 2317.03 of the Revised Code, when the property or thing is	36557
sold or transferred by an executor, administrator, guardian,	36558
trustee, heir, devisee, or legatee, shall be restricted in the	36559
same manner in any action or proceeding concerning the property or	36560
thing.	36561

(G)(1) A school guidance counselor who holds a valid educator	36562
license from the state board of education as provided for in	36563
section 3319.22 of the Revised Code, a person licensed under	36564
Chapter 4757. of the Revised Code as a professional clinical	36565
counselor, professional counselor, social worker, independent	36566
social worker, marriage and family therapist or independent	36567
marriage and family therapist, or registered under Chapter 4757.	36568
of the Revised Code as a social work assistant concerning a	36569
confidential communication received from a client in that relation	36570
or the person's advice to a client unless any of the following	36571
applies:	36572

(a) The communication or advice indicates clear and present	36573
danger to the client or other persons. For the purposes of this	36574
division, cases in which there are indications of present or past	36575
child abuse or neglect of the client constitute a clear and	36576
present danger.	36577

(b) The client gives express consent to the testimony.

36578

(c) If the client is deceased, the surviving spouse or the	36579
executor or administrator of the estate of the deceased client	36580
gives express consent.	36581

(d) The client voluntarily testifies, in which case the	36582
school guidance counselor or person licensed or registered under	36583
Chapter 4757. of the Revised Code may be compelled to testify on	36584
the same subject.	36585

(e) The court in camera determines that the information	36586
communicated by the client is not germane to the counselor-client,	36587
marriage and family therapist-client, or social worker-client	36588
relationship.	36589

(f) A court, in an action brought against a school, its	36590
administration, or any of its personnel by the client, rules after	36591
an in-camera inspection that the testimony of the school guidance	36592
counselor is relevant to that action.	36593

(g) The testimony is sought in a civil action and concerns	36594
court-ordered treatment or services received by a patient as part	36595
of a case plan journalized under section 2151.412 of the Revised	36596
Code or the court-ordered treatment or services are necessary or	36597
relevant to dependency, neglect, or abuse or temporary or	36598
permanent custody proceedings under Chapter 2151. of the Revised	36599
Code.	36600

(2) Nothing in division (G)(1) of this section shall relieve	36601
a school guidance counselor or a person licensed or registered	36602
under Chapter 4757. of the Revised Code from the requirement to	36603
report information concerning child abuse or neglect under section	36604
2151.421 of the Revised Code.	36605

(H) A mediator acting under a mediation order issued under	36606
division (A) of section 3109.052 of the Revised Code or otherwise	36607
issued in any proceeding for divorce, dissolution, legal	36608
separation, annulment, or the allocation of parental rights and	36609
responsibilities for the care of children, in any action or	36610
proceeding, other than a criminal, delinquency, child abuse, child	36611
neglect, or dependent child action or proceeding, that is brought	36612
by or against either parent who takes part in mediation in	36613
accordance with the order and that pertains to the mediation	36614
process, to any information discussed or presented in the	36615
mediation process, to the allocation of parental rights and	36616
responsibilities for the care of the parents' children, or to the	36617
awarding of parenting time rights in relation to their children;	36618

(I) A communications assistant, acting within the scope of	36619
the communication assistant's authority, when providing	36620
telecommunications relay service pursuant to section 4931.06 of	36621
the Revised Code or Title II of the "Communications Act of 1934,"	36622
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	36623
made through a telecommunications relay service. Nothing in this	36624
section shall limit the obligation of a communications assistant	36625
to divulge information or testify when mandated by federal law or	36626
regulation or pursuant to subpoena in a criminal proceeding.	36627

Nothing in this section shall limit any immunity or privilege	36628
granted under federal law or regulation.	36629

(J)(1) A chiropractor in a civil proceeding concerning a	36630
communication made to the chiropractor by a patient in that	36631
relation or the chiropractor's advice to a patient, except as	36632
otherwise provided in this division. The testimonial privilege	36633
established under this division does not apply, and a chiropractor	36634
may testify or may be compelled to testify, in any civil action,	36635
in accordance with the discovery provisions of the Rules of Civil	36636
Procedure in connection with a civil action, or in connection with	36637
a claim under Chapter 4123. of the Revised Code, under any of the	36638
following circumstances:	36639

(a) If the patient or the guardian or other legal	36640
representative of the patient gives express consent.	36641

(b) If the patient is deceased, the spouse of the patient or	36642
the executor or administrator of the patient's estate gives	36643
express consent.	36644

(c) If a medical claim, dental claim, chiropractic claim, or	36645
optometric claim, as defined in section 2305.113 of the Revised	36646
Code, an action for wrongful death, any other type of civil	36647
action, or a claim under Chapter 4123. of the Revised Code is	36648
filed by the patient, the personal representative of the estate of	36649
the patient if deceased, or the patient's guardian or other legal	36650
representative.	36651

(2) If the testimonial privilege described in division (J)(1)	36652
of this section does not apply as provided in division (J)(1)(c)	36653
of this section, a chiropractor may be compelled to testify or to	36654
submit to discovery under the Rules of Civil Procedure only as to	36655
a communication made to the chiropractor by the patient in	36656
question in that relation, or the chiropractor's advice to the	36657
patient in question, that related causally or historically to	36658
physical or mental injuries that are relevant to issues in the	36659
medical claim, dental claim, chiropractic claim, or optometric	36660
claim, action for wrongful death, other civil action, or claim	36661
under Chapter 4123. of the Revised Code.	36662

(3) The testimonial privilege established under this division	36663
does not apply, and a chiropractor may testify or be compelled to	36664
testify, in any criminal action or administrative proceeding.	36665

(4) As used in this division, "communication" means	36666
acquiring, recording, or transmitting any information, in any	36667
manner, concerning any facts, opinions, or statements necessary to	36668
enable a chiropractor to diagnose, treat, or act for a patient. A	36669
communication may include, but is not limited to, any	36670
chiropractic, office, or hospital communication such as a record,	36671
chart, letter, memorandum, laboratory test and results, x-ray,	36672
photograph, financial statement, diagnosis, or prognosis.	36673

(K)(1) Except as provided under division (K)(2) of this	36674
section, a critical incident stress management team member	36675
concerning a communication received from an individual who	36676
receives crisis response services from the team member, or the	36677
team member's advice to the individual, during a debriefing	36678
session.	36679

(2) The testimonial privilege established under division	36680
(K)(1) of this section does not apply if any of the following are	36681
true:	36682

(a) The communication or advice indicates clear and present	36683
danger to the individual who receives crisis response services or	36684
to other persons. For purposes of this division, cases in which	36685
there are indications of present or past child abuse or neglect of	36686
the individual constitute a clear and present danger.	36687

(b) The individual who received crisis response services	36688
gives express consent to the testimony.	36689

(c) If the individual who received crisis response services	36690
is deceased, the surviving spouse or the executor or administrator	36691
of the estate of the deceased individual gives express consent.	36692

(d) The individual who received crisis response services	36693
voluntarily testifies, in which case the team member may be	36694
compelled to testify on the same subject.	36695

(e) The court in camera determines that the information	36696
communicated by the individual who received crisis response	36697
services is not germane to the relationship between the individual	36698
and the team member.	36699

(f) The communication or advice pertains or is related to any	36700
criminal act.	36701

(3) As used in division (K) of this section:

36702

(a) "Crisis response services" means consultation, risk	36703
assessment, referral, and on-site crisis intervention services	36704
provided by a critical incident stress management team to	36705
individuals affected by crisis or disaster.	36706

(b) "Critical incident stress management team member" or	36707
"team member" means an individual specially trained to provide	36708
crisis response services as a member of an organized community or	36709
local crisis response team that holds membership in the Ohio	36710
critical incident stress management network.	36711

(c) "Debriefing session" means a session at which crisis	36712
response services are rendered by a critical incident stress	36713
management team member during or after a crisis or disaster.	36714

(L)(1) Subject to division (L)(2) of this section and except	36715
as provided in division (L)(3) of this section, an employee	36716
assistance professional, concerning a communication made to the	36717
employee assistance professional by a client in the employee	36718
assistance professional's official capacity as an employee	36719
assistance professional.	36720

(2) Division (L)(1) of this section applies to an employee	36721
assistance professional who meets either or both of the following	36722
requirements:	36723

(a) Is certified by the employee assistance certification	36724
commission to engage in the employee assistance profession;	36725

(b) Has education, training, and experience in all of the	36726
following:	36727

(i) Providing workplace-based services designed to address	36728
employer and employee productivity issues;	36729

(ii) Providing assistance to employees and employees'	36730
dependents in identifying and finding the means to resolve	36731
personal problems that affect the employees or the employees'	36732
performance;	36733

(iii) Identifying and resolving productivity problems	36734
associated with an employee's concerns about any of the following	36735
matters: health, marriage, family, finances, substance abuse or	36736
other addiction, workplace, law, and emotional issues;	36737

(iv) Selecting and evaluating available community resources;

36738

(v) Making appropriate referrals;

36739

(vi) Local and national employee assistance agreements;

36740

(vii) Client confidentiality.

36741

(3) Division (L)(1) of this section does not apply to any of	36742
the following:	36743

(a) A criminal action or proceeding involving an offense	36744
under sections 2903.01 to 2903.06 of the Revised Code if the	36745
employee assistance professional's disclosure or testimony relates	36746
directly to the facts or immediate circumstances of the offense;	36747

(b) A communication made by a client to an employee	36748
assistance professional that reveals the contemplation or	36749
commission of a crime or serious, harmful act;	36750

(c) A communication that is made by a client who is an	36751
unemancipated minor or an adult adjudicated to be incompetent and	36752
indicates that the client was the victim of a crime or abuse;	36753

(d) A civil proceeding to determine an individual's mental	36754
competency or a criminal action in which a plea of not guilty by	36755
reason of insanity is entered;	36756

(e) A civil or criminal malpractice action brought against	36757
the employee assistance professional;	36758

(f) When the employee assistance professional has the express	36759
consent of the client or, if the client is deceased or disabled,	36760
the client's legal representative;	36761

(g) When the testimonial privilege otherwise provided by	36762
division (L)(1) of this section is abrogated under law.	36763

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	36764
2317.41 of the Revised Code but subject to division (B) of this	36765
section, the records, or copies or photographs of the records, of	36766
a hospital, homes required to be licensed pursuant to section	36767
3721.01 of the Revised Code, and residential facilities licensed	36768
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	36769
provides accommodations, supervision, and personal care services	36770
for three to sixteen unrelated adults, in lieu of the testimony in	36771
open court of their custodian, person who made them, or person	36772
under whose supervision they were made, may be qualified as	36773
authentic evidence if any such person endorses thereon the	36774
person's verified certification identifying such records, giving	36775
the mode and time of their preparation, and stating that they were	36776
prepared in the usual course of the business of the institution.	36777
Such records, copies, or photographs may not be qualified by	36778
certification as provided in this section unless the party	36779
intending to offer them delivers a copy of them, or of their	36780
relevant portions, to the attorney of record for each adverse	36781
party not less than five days before trial. Nothing in this	36782
section shall be construed to limit the right of any party to call	36783
the custodian, person who made such records, or person under whose	36784
supervision they were made, as a witness.	36785

(B) Division (A) of this section does not apply to any	36786
certified copy of the results of any test given to determine the	36787
presence or concentration of alcohol, a drug of abuse, a	36788
combination of them, a controlled substance, or a metabolite of a	36789
controlled substance in a patient's whole blood, blood serum or	36790
plasma, breath, or urine at any time relevant to a criminal	36791
offense that is submitted in a criminal action or proceeding in	36792
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	36793
of the Revised Code.	36794

Sec. 2329.192. (A) As used in this section:

36795

(1) "State lien" means a lien upon real estate, including	36796
lands and tenements, of persons indebted to the state for debt,	36797
taxes, or in any other manner recorded by a state agency in any	36798
office of the clerk of a county court or the county recorder.	36799

(2) "State lienholder" means the department, agency, or other	36800
division of the state in whose name a state lien has been filed or	36801
recorded.	36802

(B) In every action seeking the judicial sale of real estate	36803
that is subject to a state lien, all of the following apply:	36804

(1) The party seeking a judicial sale shall include the state	36805
lienholder as a party defendant and shall serve that state	36806
lienholder with a copy of the preliminary judicial report or	36807
commitment for an owner's fee policy of title insurance filed in	36808
accordance with section 2329.191 of the Revised Code.	36809

(2) A state lienholder shall not be made a party defendant if	36810
no state lien has been recorded against the owner of the real	36811
estate for which the judicial sale is sought.	36812

(3) The appearance of the state lienholder shall be presumed	36813
for purposes of jurisdiction, and the court shall take judicial	36814
notice that the state has a lien against the real estate.	36815

(4) A state lienholder may, but is not required to, file an	36816
answer to the complaint or any other pleading in the action if the	36817
amount, validity, or priority of the state lien is not identified	36818
in the pleadings as disputed and shall file an answer to the	36819
complaint or any other pleading in the action if the amount,	36820
validity, or priority of the state lien is identified in the	36821
pleadings as disputed. If a state lien is not identified as	36822
disputed, unless the state files an answer or other responsive	36823
pleading, the party seeking the judicial sale is not required to	36824
serve the state lienholder with any answer or subsequent pleadings	36825
in the action for judicial sale.	36826

(5) As part of any order confirming the sale of the real	36827
estate that is subject to any undisputed state lien or	36828
distributing the proceeds of any judicial sale of real estate, the	36829
undisputed state lien shall be protected as if the state had	36830
appeared in the action and filed an answer asserting the validity	36831
of the state lien as recorded in the office of the clerk of the	36832
county court or the office of the county recorder.	36833

(6) Any party asserting a dispute as to the amount, validity,	36834
or priority of the state lien or of any lien or other interest	36835
that has priority over the state lien shall serve the state	36836
lienholder and the attorney general with notice of the dispute,	36837
and the state lienholder shall be permitted to file a responsive	36838
pleading and participate in the proceedings as if the state	36839
lienholder had been served with a summons on the date the state	36840
lienholder received notice of the dispute.	36841

(C) Upon the judicial sale of the real estate that is the	36842
subject of an action under division (B) of this section, the	36843
interest of any undisputed state lien shall transfer to the	36844
proceeds of the sale of the real estate, and the state lienholder	36845
shall be entitled to payment from the proceeds of the sale of the	36846
real estate in accordance with the state lienholder's priority as	36847
set forth in the final judicial report or commitment for an	36848
owner's fee policy of title insurance filed in accordance with	36849
section 2329.191 of the Revised Code.	36850

Sec. 2335.09. Whenever, in any criminal proceeding or	36851
prosecution for the violation of an ordinance, or in a hearing	36852
before a coroner, an interpreter is necessary, the judge,	36853
magistrate, or coroner may appoint interpreters, who shall receive	36854
fees as witnesses in the case or proceeding. Such fees shall be	36855
taxed and paid as provided by sections 2335.05 to 2335.08,	36856
~~inclusive,~~ of the Revised Code for other witness fees. If the	36857
party taxed with costs is indigent, interpreter's fees shall not	36858
be taxed as costs, and the legislative authority of the court	36859
shall pay the interpreter's fees. This section shall not apply if,	36860
by law, an interpreter is otherwise provided.	36861

Sec. 2335.11. In felony cases in which the defendant is	36862
convicted, the fees of the various magistrates and their officers,	36863
the witness fees, and interpreter's fees shall be inserted in the	36864
judgment of conviction and, when collected shall be disbursed by	36865
the clerk of the court of common pleas to the persons entitled	36866
thereto. In minor state cases, which have come to the court of	36867
common pleas through such magistrate's courts, the fees enumerated	36868
by this section shall be inserted in the judgment of conviction	36869
and, when collected shall be disbursed by the clerk to the persons	36870
entitled thereto. In both felonies and minor state cases, such	36871
clerk shall pay the witness and interpreter's fees into the county	36872
treasury, monthly.	36873

If the defendant is indigent, the interpreter's fees shall	36874
not be inserted in the judgment of conviction, and the county	36875
shall pay the interpreter's fees.	36876

In all cases in which recognizances are taken, forfeited, and	36877
collected, the amount recovered shall be paid into the county	36878
treasury, and if no conviction is had, such costs shall be paid by	36879
the county upon the allowance of the county auditor.	36880

Sec. 2505.02. (A) As used in this section:

36881

(1) "Substantial right" means a right that the United States	36882
Constitution, the Ohio Constitution, a statute, the common law, or	36883
a rule of procedure entitles a person to enforce or protect.	36884

(2) "Special proceeding" means an action or proceeding that	36885
is specially created by statute and that prior to 1853 was not	36886
denoted as an action at law or a suit in equity.	36887

(3) "Provisional remedy" means a proceeding ancillary to an	36888
action, including, but not limited to, a proceeding for a	36889
preliminary injunction, attachment, discovery of privileged	36890
matter, suppression of evidence, a prima-facie showing pursuant to	36891
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	36892
showing pursuant to section 2307.92 of the Revised Code, or a	36893
finding made pursuant to division (A)(3) of section 2307.93 of the	36894
Revised Code.	36895

(B) An order is a final order that may be reviewed, affirmed,	36896
modified, or reversed, with or without retrial, when it is one of	36897
the following:	36898

(1) An order that affects a substantial right in an action	36899
that in effect determines the action and prevents a judgment;	36900

(2) An order that affects a substantial right made in a	36901
special proceeding or upon a summary application in an action	36902
after judgment;	36903

(3) An order that vacates or sets aside a judgment or grants	36904
a new trial;	36905

(4) An order that grants or denies a provisional remedy and	36906
to which both of the following apply:	36907

(a) The order in effect determines the action with respect to	36908
the provisional remedy and prevents a judgment in the action in	36909
favor of the appealing party with respect to the provisional	36910
remedy.	36911

(b) The appealing party would not be afforded a meaningful or	36912
effective remedy by an appeal following final judgment as to all	36913
proceedings, issues, claims, and parties in the action.	36914

(5) An order that determines that an action may or may not be	36915
maintained as a class action;	36916

(6) An order determining the constitutionality of any changes	36917
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	36918
assembly, including the amendment of sections 1751.67, 2117.06,	36919
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	36920
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	36921
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	36922
of the 130th general assembly), and the enactment of sections	36923
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	36924
changes made by Sub. S.B. 80 of the 125th general assembly,	36925
including the amendment of sections 2125.02, 2305.10, 2305.131,	36926
2315.18, 2315.19, and 2315.21 of the Revised Code;	36927

(7) An order in an appropriation proceeding that may be	36928
appealed pursuant to division (B)(3) of section 163.09 of the	36929
Revised Code.	36930

(C) When a court issues an order that vacates or sets aside a	36931
judgment or grants a new trial, the court, upon the request of	36932
either party, shall state in the order the grounds upon which the	36933
new trial is granted or the judgment vacated or set aside.	36934

(D) This section applies to and governs any action, including	36935
an appeal, that is pending in any court on July 22, 1998, and all	36936
claims filed or actions commenced on or after July 22, 1998,	36937
notwithstanding any provision of any prior statute or rule of law	36938
of this state.	36939

Sec. 2701.03. (A) If a judge of the court of common pleas	36940
allegedly is interested in a proceeding pending before the court,	36941
allegedly is related to or has a bias or prejudice for or against	36942
a party to a proceeding pending before the court or a party's	36943
counsel, or allegedly otherwise is disqualified to preside in a	36944
proceeding pending before the court, any party to the proceeding	36945
or the party's counsel may file an affidavit of disqualification	36946
with the clerk of the supreme court in accordance with division	36947
(B) of this section.	36948

(B) An affidavit of disqualification filed under section	36949
2101.39 or, 2501.13, 2701.031, or 2743.041 of the Revised Code or	36950
division (A) of this section shall be filed with the clerk of the	36951
supreme court not less than seven calendar days before the day on	36952
which the next hearing in the proceeding is scheduled and shall	36953
include all of the following:	36954

(1) The specific allegations on which the claim of interest,	36955
bias, prejudice, or disqualification is based and the facts to	36956
support each of those allegations or, in relation to an affidavit	36957
filed against a judge of a court of appeals, a specific allegation	36958
that the judge presided in the lower court in the same proceeding	36959
and the facts to support that allegation;	36960

(2) The jurat of a notary public or another person authorized	36961
to administer oaths or affirmations;	36962

(3) A certificate indicating that a copy of the affidavit has	36963
been served on the probate judge, judge of a court of appeals, or	36964
judge of a court of common pleas, judge of a municipal or county	36965
court, or judge of the court of claims against whom the affidavit	36966
is filed and on all other parties or their counsel;	36967

(4) The date of the next scheduled hearing in the proceeding	36968
or, if there is no hearing scheduled, a statement that there is no	36969
hearing scheduled.	36970

(C)(1) Except as provided in division (C)(2) of this section,	36971
when an affidavit of disqualification is presented to the clerk of	36972
the supreme court for filing under division (B) of this section,	36973
all of the following apply:	36974

(a) The clerk of the supreme court shall accept the affidavit	36975
for filing and shall forward the affidavit to the chief justice of	36976
the supreme court.	36977

(b) The supreme court shall send notice of the filing of the	36978
affidavit to the probate court served by the judge if the	36979
affidavit is filed against a probate court judge, to the clerk of	36980
the court of appeals served by the judge if the affidavit is filed	36981
against a judge of a court of appeals, or to the clerk of the	36982
court of common pleas served by the judge if the affidavit is	36983
filed against a judge of a court of common pleas, to the clerk of	36984
the municipal or county court served by the judge if the affidavit	36985
is filed against a judge of a municipal or county court, or to the	36986
clerk of the court of claims if the affidavit is filed against a	36987
judge of the court of claims.	36988

(c) Upon receipt of the notice under division (C)(1)(b) of	36989
this section, the probate court, the clerk of the court of	36990
appeals, or the clerk of the court of common pleas, the clerk of	36991
the municipal or county court, or the clerk of the court of claims	36992
shall enter the fact of the filing of the affidavit on the docket	36993
of the probate court, the docket of the court of appeals, or the	36994
docket in the proceeding in the court of common pleas, the docket	36995
of the proceeding in the municipal or county court, or the docket	36996
of the proceeding in the court of claims.	36997

(2) The clerk of the supreme court shall not accept an	36998
affidavit of disqualification presented for filing under division	36999
(B) of this section if it is not timely presented for filing or	37000
does not satisfy the requirements of divisions (B)(2), (3), and	37001
(4) of this section.	37002

(D)(1) Except as provided in divisions (D)(2) to (4) of this	37003
section, if the clerk of the supreme court accepts an affidavit of	37004
disqualification for filing under divisions (B) and (C) of this	37005
section, the affidavit deprives the judge against whom the	37006
affidavit was filed of any authority to preside in the proceeding	37007
until the chief justice of the supreme court, or a justice of the	37008
supreme court designated by the chief justice, rules on the	37009
affidavit pursuant to division (E) of this section.	37010

(2) A judge against whom an affidavit of disqualification has	37011
been filed under divisions (B) and (C) of this section may do any	37012
of the following that is applicable:	37013

(a) If, based on the scheduled hearing date, the affidavit	37014
was not timely filed, the judge may preside in the proceeding.	37015

(b) If the proceeding is a domestic relations proceeding, the	37016
judge may issue any temporary order relating to spousal support	37017
pendente lite and the support, maintenance, and allocation of	37018
parental rights and responsibilities for the care of children.	37019

(c) If the proceeding pertains to a complaint brought	37020
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge	37021
may issue any temporary order pertaining to the relation and	37022
conduct of any other person toward a child who is the subject of a	37023
complaint as the interest and welfare of the child may require.	37024

(3) A judge against whom an affidavit of disqualification has	37025
been filed under divisions (B) and (C) of this section may	37026
determine a matter that does not affect a substantive right of any	37027
of the parties.	37028

(4) If the clerk of the supreme court accepts an affidavit of	37029
disqualification for filing under divisions (B) and (C) of this	37030
section, if the chief justice of the supreme court, or a justice	37031
of the supreme court designated by the chief justice, denies the	37032
affidavit of disqualification pursuant to division (E) of this	37033
section, and if, after the denial, a second or subsequent	37034
affidavit of disqualification regarding the same judge and the	37035
same proceeding is filed by the same party who filed or on whose	37036
behalf was filed the affidavit that was denied or by counsel for	37037
the same party who filed or on whose behalf was filed the	37038
affidavit that was denied, the judge against whom the second or	37039
subsequent affidavit is filed may preside in the proceeding prior	37040
to the ruling of the chief justice of the supreme court, or a	37041
justice designated by the chief justice, on the second or	37042
subsequent affidavit.	37043

(E) If the clerk of the supreme court accepts an affidavit of	37044
disqualification for filing under divisions (B) and (C) of this	37045
section and if the chief justice of the supreme court, or any	37046
justice of the supreme court designated by the chief justice,	37047
determines that the interest, bias, prejudice, or disqualification	37048
alleged in the affidavit does not exist, the chief justice or the	37049
designated justice shall issue an entry denying the affidavit of	37050
disqualification. If the chief justice of the supreme court, or	37051
any justice of the supreme court designated by the chief justice,	37052
determines that the interest, bias, prejudice, or disqualification	37053
alleged in the affidavit exists, the chief justice or the	37054
designated justice shall issue an entry that disqualifies that	37055
judge from presiding in the proceeding and either order that the	37056
proceeding be assigned to another judge of the court of which the	37057
disqualified judge is a member, to a judge of another court, or to	37058
a retired judge.	37059

Sec. 2701.031. ~~(A)~~ If a judge of a municipal or county court	37060
allegedly is interested in a proceeding pending before the judge,	37061
allegedly is related to or has a bias or prejudice for or against	37062
a party to a proceeding pending before the judge or to a party's	37063
counsel, or allegedly otherwise is disqualified to preside in a	37064
proceeding pending before the judge, any party to the proceeding	37065
or the party's counsel may file an affidavit of disqualification	37066
with the clerk of the supreme court ~~in which the proceeding is~~	37067
~~pending~~. The affidavit of disqualification shall be filed and	37068
decided in accordance with divisions (B) to (E) of section 2701.03	37069
of the Revised Code, and, upon the filing of the affidavit, the	37070
provisions of those divisions apply to the affidavit, the	37071
proceeding, the judge, and the parties to the proceeding.	37072

~~(B) An affidavit of disqualification shall be filed under~~	37073
~~this section with the clerk of the court in which the proceeding~~	37074
~~is pending not less than seven calendar days before the day on~~	37075
~~which the next hearing in the proceeding is scheduled and shall~~	37076
~~include all of the following:~~	37077

~~(1) The specific allegations on which the claim of interest,~~	37078
~~bias, prejudice, or disqualification is based and the facts to~~	37079
~~support each of those allegations;~~	37080

~~(2) The jurat of a notary public or another person authorized~~	37081
~~to administer oaths or affirmations;~~	37082

~~(3) A certificate indicating that a copy of the affidavit has~~	37083
~~been served on the judge of the municipal or county court against~~	37084
~~whom the affidavit is filed and on all other parties or their~~	37085
~~counsel;~~	37086

~~(4) The date of the next scheduled hearing in the proceeding~~	37087
~~or, if there is no hearing scheduled, a statement that there is no~~	37088
~~hearing scheduled.~~	37089

~~(C)(1) Except as provided in division (C)(2) of this section,~~	37090
~~when an affidavit of disqualification is presented to the clerk of~~	37091
~~a municipal or county court for filing under division (B) of this~~	37092
~~section, the clerk shall enter the fact of the filing on the~~	37093
~~docket in that proceeding and shall provide notice of the filing~~	37094
~~of the affidavit to one of the following:~~	37095

~~(a) The presiding judge of the court of common pleas of the~~	37096
~~county;~~	37097

~~(b) If there is no presiding judge of the court of common~~	37098
~~pleas of the county, a judge of the court of common pleas of the~~	37099
~~county.~~	37100

~~(2) The clerk of the municipal or county court in which a~~	37101
~~proceeding is pending shall not accept an affidavit of~~	37102
~~disqualification presented for filing under division (B) of this~~	37103
~~section if it is not timely presented for filing or does not~~	37104
~~satisfy the requirements of divisions (B)(2), (3), and (4) of this~~	37105
~~section.~~	37106

~~(D)(1) Except as provided in divisions (D)(2) to (4) of this~~	37107
~~section, if the clerk of the municipal or county court in which a~~	37108
~~proceeding is pending accepts an affidavit of disqualification for~~	37109
~~filing under divisions (B) and (C) of this section, the affidavit~~	37110
~~deprives the judge of a municipal or county court against whom the~~	37111
~~affidavit was filed of any authority to preside in the proceeding~~	37112
~~until the judge who was notified pursuant to division (C)(1) of~~	37113
~~this section rules on the affidavit pursuant to division (E) of~~	37114
~~this section.~~	37115

~~(2) A judge of a municipal or county court against whom an~~	37116
~~affidavit of disqualification has been filed under divisions (B)~~	37117
~~and (C) of this section may preside in the proceeding if, based on~~	37118
~~the scheduled hearing date, the affidavit was not timely filed.~~	37119

~~(3) A judge of a municipal or county court against whom an~~	37120
~~affidavit of disqualification has been filed under divisions (B)~~	37121
~~and (C) of this section may determine a matter that does not~~	37122
~~affect a substantive right of any of the parties.~~	37123

~~(4) If the clerk of a municipal or county court accepts an~~	37124
~~affidavit of disqualification for filing under divisions (B) and~~	37125
~~(C) of this section, if the judge who is notified pursuant to~~	37126
~~division (C)(1) of this section of the filing of the affidavit of~~	37127
~~disqualification denies the affidavit pursuant to division (E) of~~	37128
~~this section, and if, after the denial, a second or subsequent~~	37129
~~affidavit of disqualification regarding the same judge and the~~	37130
~~same proceeding is filed by the same party who filed or on whose~~	37131
~~behalf was filed the affidavit that was denied or by counsel for~~	37132
~~the same party who filed or on whose behalf was filed the~~	37133
~~affidavit that was denied, the judge of a municipal or county~~	37134
~~court against whom the second or subsequent affidavit is filed may~~	37135
~~preside in the proceeding prior to the ruling, by the judge who is~~	37136
~~notified pursuant to division (C)(1) of this section, on the~~	37137
~~second or subsequent affidavit pursuant to division (E) of this~~	37138
~~section.~~	37139

~~(E) If the clerk of a municipal or county court accepts an~~	37140
~~affidavit of disqualification for filing under divisions (B) and~~	37141
~~(C) of this section and if the judge who is notified pursuant to~~	37142
~~division (C)(1) of this section of the filing of the affidavit~~	37143
~~determines that the interest, bias, prejudice, or disqualification~~	37144
~~alleged in the affidavit does not exist, the judge who is so~~	37145
~~notified shall issue an entry denying the affidavit of~~	37146
~~disqualification. If the judge who is notified pursuant to~~	37147
~~division (C)(1) of this section of the filing of the affidavit~~	37148
~~determines that the interest, bias, prejudice, or disqualification~~	37149
~~alleged in the affidavit exists, the judge who is so notified~~	37150
~~shall issue an entry that disqualifies the judge against whom the~~	37151
~~affidavit was filed from presiding in the proceeding and designate~~	37152
~~another judge of the municipal or county court, or of the court of~~	37153
~~common pleas, to preside in the proceeding in place of the~~	37154
~~disqualified judge.~~	37155

Sec. 2743.03. (A)(1) There is hereby created a court of	37156
claims. The court of claims is a court of record and has	37157
exclusive, original jurisdiction of all civil actions against the	37158
state permitted by the waiver of immunity contained in section	37159
2743.02 of the Revised Code,and exclusive jurisdiction of the	37160
causes of action of all parties in civil actions that are removed	37161
to the court of claims~~, and jurisdiction to hear appeals from the~~	37162
~~decisions of the court of claims commissioners~~. The court shall	37163
have full equity powers in all actions within its jurisdiction and	37164
may entertain and determine all counterclaims, cross-claims, and	37165
third-party claims.	37166

(2) If the claimant in a civil action as described in	37167
division (A)(1) of this section also files a claim for a	37168
declaratory judgment, injunctive relief, or other equitable relief	37169
against the state that arises out of the same circumstances that	37170
gave rise to the civil action described in division (A)(1) of this	37171
section, the court of claims has exclusive, original jurisdiction	37172
to hear and determine that claim in that civil action. This	37173
division does not affect, and shall not be construed as affecting,	37174
the original jurisdiction of another court of this state to hear	37175
and determine a civil action in which the sole relief that the	37176
claimant seeks against the state is a declaratory judgment,	37177
injunctive relief, or other equitable relief.	37178

(3) In addition to its exclusive, original jurisdiction as	37179
conferred by division (A)(1) and (2) of this section, the court of	37180
claims has exclusive, original jurisdiction as described in	37181
division (F) of section 2743.02, division (B) of section 3335.03,	37182
and division (C) of section 5903.02 of the Revised Code.	37183

(B) The court of claims shall sit in Franklin county, its	37184
hearings shall be public, and it shall consist of incumbent	37185
justices or judges of the supreme court, courts of appeals, or	37186
courts of common pleas, or retired justices or judges eligible for	37187
active duty pursuant to division (C) of Section 6 of Article IV,	37188
Ohio Constitution, sitting by temporary assignment of the chief	37189
justice of the supreme court. The chief justice may direct the	37190
court to sit in any county for cases on removal upon a showing of	37191
substantial hardship and whenever justice dictates.	37192

(C)(1) A civil action against the state shall be heard and	37193
determined by a single judge. Upon application by the claimant or	37194
the state, the chief justice of the supreme court may assign a	37195
panel of three judges to hear and determine a civil action	37196
presenting novel or complex issues of law or fact. Concurrence of	37197
two members of the panel is necessary for any judgment or order.	37198

(2) Whenever the chief justice of the supreme court believes	37199
an equitable resolution of a case will be expedited, the chief	37200
justice may appoint ~~referees~~magistrates in accordance with Civil	37201
Rule 53 to hear the case.	37202

(3) When any dispute under division (B) of section 153.12 of	37203
the Revised Code is brought to the court of claims, upon request	37204
of either party to the dispute, the chief justice of the supreme	37205
court shall appoint a single referee or a panel of three referees.	37206
The referees need not be attorneys, but shall be persons	37207
knowledgeable about construction contract law, a member of the	37208
construction industry panel of the American arbitration	37209
association, or an individual or individuals deemed qualified by	37210
the chief justice to serve. No person shall serve as a referee if	37211
that person has been employed by an affected state agency or a	37212
contractor or subcontractor involved in the dispute at any time in	37213
the preceding five years. Proceedings governing referees shall be	37214
in accordance with Civil Rule 53, except as modified by this	37215
division. The referee or panel of referees shall submit its	37216
report, which shall include a recommendation and finding of fact,	37217
to the judge assigned to the case by the chief justice, within	37218
thirty days of the conclusion of the hearings. Referees appointed	37219
pursuant to this division shall be compensated on a per diem basis	37220
at the same rate as is paid to judges of the court and also shall	37221
be paid their expenses. If a single referee is appointed or a	37222
panel of three referees is appointed, then, with respect to one	37223
referee of the panel, the compensation and expenses of the referee	37224
shall not be taxed as part of the costs in the case but shall be	37225
included in the budget of the court. If a panel of three referees	37226
is appointed, the compensation and expenses of the two remaining	37227
referees shall be taxed as costs of the case.	37228

All costs of a case shall be apportioned among the parties.	37229
The court may not require that any party deposit with the court	37230
cash, bonds, or other security in excess of two hundred dollars to	37231
guarantee payment of costs without the prior approval in each case	37232
of the chief justice.	37233

(4) An appeal from a decision of the ~~court of claims~~	37234
~~commissioners~~attorney general shall be heard and determined by	37235
one judge of the court of claims.	37236

(D) The Rules of Civil Procedure shall govern practice and	37237
procedure in all actions in the court of claims, except insofar as	37238
inconsistent with this chapter. The supreme court may promulgate	37239
rules governing practice and procedure in actions in the court as	37240
provided in Section 5 of Article IV, Ohio Constitution.	37241

(E)(1) A party who files a counterclaim against the state or	37242
makes the state a third-party defendant in an action commenced in	37243
any court, other than the court of claims, shall file a petition	37244
for removal in the court of claims. The petition shall state the	37245
basis for removal, be accompanied by a copy of all process,	37246
pleadings, and other papers served upon the petitioner, and shall	37247
be signed in accordance with Civil Rule 11. A petition for removal	37248
based on a counterclaim shall be filed within twenty-eight days	37249
after service of the counterclaim of the petitioner. A petition	37250
for removal based on third-party practice shall be filed within	37251
twenty-eight days after the filing of the third-party complaint of	37252
the petitioner.	37253

(2) Within seven days after filing a petition for removal,	37254
the petitioner shall give written notice to the parties, and shall	37255
file a copy of the petition with the clerk of the court in which	37256
the action was brought originally. The filing effects the removal	37257
of the action to the court of claims, and the clerk of the court	37258
where the action was brought shall forward all papers in the case	37259
to the court of claims. The court of claims shall adjudicate all	37260
civil actions removed. The court may remand a civil action to the	37261
court in which it originated upon a finding that the removal	37262
petition does not justify removal, or upon a finding that the	37263
state is no longer a party.	37264

(3) Bonds, undertakings, or security and injunctions,	37265
attachments, sequestrations, or other orders issued prior to	37266
removal remain in effect until dissolved or modified by the court	37267
of claims.	37268

Sec. 2743.041. If a judge of the court of claims allegedly	37269
is interested in a proceeding pending before the judge, allegedly	37270
is related to or has a bias or prejudice for or against a party to	37271
a proceeding pending before the judge or to a party's counsel, or	37272
allegedly otherwise is disqualified to preside in a proceeding	37273
pending before the judge, any party to the proceeding or the	37274
party's counsel may file an affidavit of disqualification with the	37275
clerk of the supreme court. The affidavit of disqualification	37276
shall be filed and decided in accordance with divisions (B) to (E)	37277
of section 2701.03 of the Revised Code, and, upon the filing of	37278
the affidavit, the provisions of those divisions apply to the	37279
affidavit, the proceeding, the judge, and the parties to the	37280
proceeding.	37281

Sec. 2743.09. The clerk of the court of claims shall do all	37282
of the following:	37283

(A) Administer oaths and take and certify affidavits,	37284
depositions, and acknowledgments of powers of attorney and other	37285
instruments in writing;	37286

(B) Prepare the dockets, enter and record the orders,	37287
judgments, decisions, awards, and proceedings of the court of	37288
claims ~~and the court of claims commissioners~~, and issue writs and	37289
process;	37290

(C) Maintain an office in Franklin county in rooms provided	37291
by the supreme court for that purpose;	37292

(D) Keep an appearance docket of civil actions,and claims	37293
for an award of reparations~~, and appeals from decisions of the~~	37294
~~court of claims commissioners~~. The clerk may refuse to accept for	37295
filing any pleading or paper that relates to a civil action in the	37296
court of claims and that is submitted for filing by a person who	37297
has been found to be a vexatious litigator under section 2323.52	37298
of the Revised Code and who has failed to obtain leave to proceed	37299
under that section.	37300

Upon the commencement of an action or claim, the clerk shall	37301
assign it a number. This number shall be placed on the first page,	37302
and every continuation page, of the appearance docket that	37303
concerns the particular action or claim. In addition, this number	37304
and the names of the parties shall be placed on the case file and	37305
every paper filed in the action or claim.	37306

At the time the action is commenced the clerk shall enter in	37307
the appearance docket the names of the parties in full and the	37308
names of counsel and shall index the action alphabetically by the	37309
last name of each party. Thereafter, the clerk shall	37310
chronologically note in the appearance docket all process issued	37311
and returns, pleas, motions, papers filed in the action, orders,	37312
verdicts, and judgments. The notations shall be brief but shall	37313
show the date of filing, substance, and journal volume and page of	37314
each order, verdict, and judgment. An action is commenced for	37315
purposes of this division by the filing of a complaint, including	37316
a form complaint under section 2743.10 of the Revised Code or a	37317
petition for removal.	37318

At the time an appeal for an award of reparations is	37319
commenced, the clerk shall enter the full names of the claimant,	37320
the victim, and the attorneys in the appearance docket and shall	37321
index the claim alphabetically by the last name of the claimant	37322
and the victim. Thereafter, the clerk shall chronologically note	37323
in the appearance docket all process issued and returns, motions,	37324
papers filed in the claim, orders, decisions, and awards. The	37325
notations shall be brief but shall show the date of filing,	37326
substance, and journal volume and page of each order.	37327

(E) Keep all original papers filed in an action or claim in a	37328
separate file folder and a journal in which all orders, verdicts,	37329
and judgments of the court ~~and commissioners~~ shall be recorded;	37330

(F) Charge and collect fees pursuant to section 2303.20 of	37331
the Revised Code, keep a cashbook in which the clerk shall enter	37332
the amounts received, make a report to the clerk of the supreme	37333
court each quarter of the fees received during the preceding	37334
quarter, and pay them monthly into the state treasury;	37335

(G) Appoint reporters and other clerical personnel;

37336

(H) Under the direction of the chief justice, establish	37337
procedures for hearing and determining appeals for an award of	37338
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	37339
Code.	37340

Sec. 2743.121. ~~(A) A panel of court of claims commissioners~~	37341
~~shall render its decisions as to claims for an award of~~	37342
~~reparations in writing and shall include separate findings of fact~~	37343
~~and any conclusions of law that are necessary. Orders as to claims~~	37344
~~for an award of reparations shall be entered on the journal, and~~	37345
~~the clerk shall certify on the order the date of journalization~~	37346
~~and shall send copies of the order and decision to the claimant,~~	37347
~~the attorney general, and the prosecuting attorney of the county~~	37348
~~in which the criminally injurious conduct occurred.~~	37349

~~(B) A judge of the~~The court of claims shall render ~~the~~	37350
~~judge's~~its decisions as to appeals from decisions of ~~a panel of~~	37351
~~court of claims commissioners~~the attorney general pursuant to	37352
sections 2743.51 to 2743.72 of the Revised Code in writing and	37353
shall include a separate finding for each issue contested upon	37354
appeal. Orders as to appeals shall be entered on the journal, and	37355
the clerk shall certify on the order the date of journalization	37356
and shall send copies of the order and decision to the claimant,	37357
the attorney general, and the prosecuting attorney of the county	37358
in which the criminally injurious conduct occurred.	37359

Sec. 2743.20. Appeals from orders and judgments of the court	37360
of claims lie to the same courts under the same circumstances, as	37361
appeals from the court of common pleas of Franklin county, and the	37362
same rules of law govern their determination. The decision of the	37363
court of claims with respect to an appeal from a decision of the	37364
~~court of claims commissioners~~the attorney general pursuant to	37365
sections 2743.51 to 2743.72 of the Revised Code is final, and no	37366
appeal from the decision of the court of claims lies to any other	37367
court.	37368

Sec. 2743.48. (A) As used in this section and section	37369
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	37370
means an individual who satisfies each of the following:	37371

(1) The individual was charged with a violation of a section	37372
of the Revised Code by an indictment or information, and the	37373
violation charged was an aggravated felony or felony.	37374

(2) The individual was found guilty of, but did not plead	37375
guilty to, the particular charge or a lesser-included offense by	37376
the court or jury involved, and the offense of which the	37377
individual was found guilty was an aggravated felony or felony.	37378

(3) The individual was sentenced to an indefinite or definite	37379
term of imprisonment in a state correctional institution for the	37380
offense of which the individual was found guilty.	37381

(4) The individual's conviction was vacated, dismissed, or	37382
reversed on appeal, the prosecuting attorney in the case cannot or	37383
will not seek any further appeal of right or upon leave of court,	37384
and no criminal proceeding is pending, can be brought, or will be	37385
brought by any prosecuting attorney, city director of law, village	37386
solicitor, or other chief legal officer of a municipal corporation	37387
against the individual for any act associated with that	37388
conviction.	37389

(5) Subsequent to sentencing and during or subsequent to	37390
imprisonment, an error in procedure resulted in the individual's	37391
release, or it was determined by the court of common pleas in the	37392
county where the underlying criminal action was initiated that the	37393
charged offense, including all lesser-included offenses, either	37394
was not committed by the individual or was not committed by any	37395
person.	37396

(B)(1) A person may file a civil action to be declared a	37397
wrongfully imprisoned individual in the court of common pleas in	37398
the county where the underlying criminal action was initiated.	37399
That civil action shall be separate from the underlying finding of	37400
guilt by the court of common pleas. The prosecuting attorney of	37401
that county shall be served with a copy of the complaint and shall	37402
defend all civil actions to determine a person to be a wrongfully	37403
imprisoned individual under this section. Upon the filing of a	37404
civil action to be determined a wrongfully imprisoned individual,	37405
the attorney general also shall be served with a copy of the	37406
complaint and shall be heard.	37407

(2) When the court of common pleas in the county where the	37408
underlying criminal action was initiated determines in a separate	37409
civil action that a person is a wrongfully imprisoned individual,	37410
the court shall provide the person with a copy of this section and	37411
orally inform the person and the person's attorney of the person's	37412
rights under this section to commence a civil action against the	37413
state in the court of claims because of the person's wrongful	37414
imprisonment and to be represented in that civil action by counsel	37415
of the person's own choice.	37416

(3) The court described in division (B)(1) of this section	37417
shall notify the clerk of the court of claims, in writing and	37418
within seven days after the date of the entry of its determination	37419
that the person is a wrongfully imprisoned individual, of the name	37420
and proposed mailing address of the person and of the fact that	37421
the person has the rights to commence a civil action and to have	37422
legal representation as provided in this section. The clerk of the	37423
court of claims shall maintain in the clerk's office a list of	37424
wrongfully imprisoned individuals for whom notices are received	37425
under this section and shall create files in the clerk's office	37426
for each such individual.	37427

(4) Within sixty days after the date of the entry of the	37428
determination by the court of common pleas in the county where the	37429
underlying criminal action was initiated that a person is a	37430
wrongfully imprisoned individual, the clerk of the court of claims	37431
shall forward a preliminary judgment to the president of the	37432
controlling board requesting the payment of fifty per cent of the	37433
amount described in division (E)(2)(b) of this section to the	37434
wrongfully imprisoned individual. The board shall take all actions	37435
necessary to cause the payment of that amount out of the emergency	37436
purposes special purpose account of the board.	37437

(5) If an individual was serving at the time of the wrongful	37438
imprisonment concurrent sentences on other convictions that were	37439
not vacated, dismissed, or reversed on appeal, the individual is	37440
not eligible for compensation as described in this section for any	37441
portion of that wrongful imprisonment that occurred during a	37442
concurrent sentence of that nature.	37443

(C)(1) In a civil action under this section, a wrongfully	37444
imprisoned individual has the right to have counsel of the	37445
individual's own choice.	37446

(2) If a wrongfully imprisoned individual who is the subject	37447
of a court determination as described in division (B)(2) of this	37448
section does not commence a civil action under this section within	37449
six months after the entry of that determination, the clerk of the	37450
court of claims shall send a letter to the wrongfully imprisoned	37451
individual, at the address set forth in the notice received from	37452
the court of common pleas pursuant to division (B)(3) of this	37453
section or to any later address provided by the wrongfully	37454
imprisoned individual, that reminds the wrongfully imprisoned	37455
individual of the wrongfully imprisoned individual's rights under	37456
this section. Until the statute of limitations provided in	37457
division (H) of this section expires and unless the wrongfully	37458
imprisoned individual commences a civil action under this section,	37459
the clerk of the court of claims shall send a similar letter in a	37460
similar manner to the wrongfully imprisoned individual at least	37461
once each three months after the sending of the first reminder.	37462

(D) Notwithstanding any provisions of this chapter to the	37463
contrary, a wrongfully imprisoned individual has and may file a	37464
civil action against the state, in the court of claims, to recover	37465
a sum of money as described in this section, because of the	37466
individual's wrongful imprisonment. The court of claims shall have	37467
exclusive, original jurisdiction over such a civil action. The	37468
civil action shall proceed, be heard, and be determined as	37469
provided in sections 2743.01 to 2743.20 of the Revised Code,	37470
except that if a provision of this section conflicts with a	37471
provision in any of those sections, the provision in this section	37472
controls.	37473

(E)(1) In a civil action as described in division (D) of this	37474
section, the complainant may establish that the claimant is a	37475
wrongfully imprisoned individual by submitting to the court of	37476
claims a certified copy of the judgment entry of the court of	37477
common pleas associated with the claimant's conviction and	37478
sentencing, and a certified copy of the entry of the determination	37479
of the court of common pleas that the claimant is a wrongfully	37480
imprisoned individual under division (B)(2) of this section. No	37481
other evidence shall be required of the complainant to establish	37482
that the claimant is a wrongfully imprisoned individual, and the	37483
claimant shall be irrebuttably presumed to be a wrongfully	37484
imprisoned individual.	37485

(2) In a civil action as described in division (D) of this	37486
section, upon presentation of requisite proof to the court of	37487
claims, a wrongfully imprisoned individual is entitled to receive	37488
a sum of money that equals the total of each of the following	37489
amounts:	37490

(a) The amount of any fine or court costs imposed and paid,	37491
and the reasonable attorney's fees and other expenses incurred by	37492
the wrongfully imprisoned individual in connection with all	37493
associated criminal proceedings and appeals, and, if applicable,	37494
in connection with obtaining the wrongfully imprisoned	37495
individual's discharge from confinement in the state correctional	37496
institution;	37497

(b) For each full year of imprisonment in the state	37498
correctional institution for the offense of which the wrongfully	37499
imprisoned individual was found guilty, forty thousand three	37500
hundred thirty dollars or the adjusted amount determined by the	37501
auditor of state pursuant to section 2743.49 of the Revised Code,	37502
and for each part of a year of being so imprisoned, a pro-rated	37503
share of forty thousand three hundred thirty dollars or the	37504
adjusted amount determined by the auditor of state pursuant to	37505
section 2743.49 of the Revised Code;	37506

(c) Any loss of wages, salary, or other earned income that	37507
directly resulted from the wrongfully imprisoned individual's	37508
arrest, prosecution, conviction, and wrongful imprisonment;	37509

(d) The amount of the following cost debts the department of	37510
rehabilitation and correction recovered from the wrongfully	37511
imprisoned individual who was in custody of the department or	37512
under the department's supervision:	37513

(i) Any user fee or copayment for services at a detention	37514
facility, including, but not limited to, a fee or copayment for	37515
sick call visits;	37516

(ii) The cost of housing and feeding the wrongfully	37517
imprisoned individual in a detention facility;	37518

(iii) The cost of supervision of the wrongfully imprisoned	37519
individual;	37520

(iv) The cost of any ancillary services provided to the	37521
wrongfully imprisoned individual.	37522

(F)(1) If the court of claims determines in a civil action as	37523
described in division (D) of this section that the complainant is	37524
a wrongfully imprisoned individual, it shall enter judgment for	37525
the wrongfully imprisoned individual in the amount of the sum of	37526
money to which the wrongfully imprisoned individual is entitled	37527
under division (E)(2) of this section. In determining that sum,	37528
the court of claims shall not take into consideration any expenses	37529
incurred by the state or any of its political subdivisions in	37530
connection with the arrest, prosecution, and imprisonment of the	37531
wrongfully imprisoned individual, including, but not limited to,	37532
expenses for food, clothing, shelter, and medical services. The	37533
court shall reduce that sum by the amount of the payment to the	37534
wrongfully imprisoned individual described in division (B)(4) of	37535
this section.	37536

(2) If the wrongfully imprisoned individual was represented	37537
in the civil action under this section by counsel of the	37538
wrongfully imprisoned individual's own choice, the court of claims	37539
shall include in the judgment entry referred to in division (F)(1)	37540
of this section an award for the reasonable attorney's fees of	37541
that counsel. These fees shall be paid as provided in division (G)	37542
of this section.	37543

(3) The state consents to be sued by a wrongfully imprisoned	37544
individual because the imprisonment was wrongful, and to liability	37545
on its part because of that fact, only as provided in this	37546
section. However, this section does not affect any liability of	37547
the state or of its employees to a wrongfully imprisoned	37548
individual on a claim for relief that is not based on the fact of	37549
the wrongful imprisonment, including, but not limited to, a claim	37550
for relief that arises out of circumstances occurring during the	37551
wrongfully imprisoned individual's confinement in the state	37552
correctional institution.	37553

(G) The clerk of the court of claims shall forward a	37554
certified copy of a judgment under division (F) of this section to	37555
the president of the controlling board. The board shall take all	37556
actions necessary to cause the payment of the judgment out of the	37557
emergency purposes special purpose account of the board.	37558

(H) To be eligible to recover a sum of money as described in	37559
this section because of wrongful imprisonment, both of the	37560
following shall apply to a wrongfully imprisoned individual:	37561

(1) The wrongfully imprisoned individual shall not have been,	37562
prior to September 24, 1986, the subject of an act of the general	37563
assembly that authorized an award of compensation for the wrongful	37564
imprisonment or have been the subject of an action before the	37565
former sundry claims board that resulted in an award of	37566
compensation for the wrongful imprisonment.	37567

(2) The wrongfully imprisoned individual shall commence a	37568
civil action under this section in the court of claims no later	37569
than two years after the date of the entry of the determination of	37570
the court of common pleas that the individual is a wrongfully	37571
imprisoned individual under division (B)(2) of this section.	37572

Sec. 2743.52. (A) The attorney general shall make awards of	37573
reparations for economic loss arising from criminally injurious	37574
conduct, if satisfied by a preponderance of the evidence that the	37575
requirements for an award of reparations have been met.	37576

(B) AThe court of claims ~~panel of commissioners or a judge~~	37577
~~of the court of claims~~ has appellate jurisdiction to order awards	37578
of reparations for economic loss arising from criminally injurious	37579
conduct, if satisfied by a preponderance of the evidence that the	37580
requirements for an award of reparations have been met.	37581

(C) A decision of the attorney general~~, an order of a court~~	37582
~~of claims panel of commissioners,~~ or ~~the~~ judgment of ~~a judge of~~	37583
the court of claims concerning an OVI violation shall not be used	37584
as the basis for any civil or criminal action and shall not be	37585
admissible as evidence in any civil or criminal proceeding.	37586

Sec. 2743.53. ~~(A) A~~The court of claims ~~panel of~~	37587
~~commissioners~~ shall hear and determine all matters relating to	37588
appeals from decisions of the attorney general pursuant to	37589
sections 2743.51 to 2743.72 of the Revised Code.	37590

~~(B) A judge of the court of claims shall hear and determine~~	37591
~~all matters relating to appeals from decisions or orders of a~~	37592
~~panel of commissioners of the court of claims.~~	37593

Sec. 2743.531. The court of claims victims of crime fund is	37594
hereby created in the state treasury. The fund shall be used to	37595
pay the compensation of the ~~court of claims commissioners, the~~	37596
~~compensation of~~ judges of the court of claims ~~necessary to hear~~	37597
~~and determine appeals from the commissioners~~, the compensation of	37598
any court of claims personnel needed to administer sections	37599
2743.51 to 2743.72 of the Revised Code, and other administrative	37600
expenses of hearing and determining ~~appeals by court of~~ claims	37601
~~commissioners and judges~~under sections 2743.51 to 2743.72 of the	37602
Revised Code.	37603

At the beginning of each fiscal year, the director of budget	37604
and management shall transfer cash from the reparations fund to	37605
the court of claims victims of crime fund in an amount sufficient	37606
to make the cash balance in the court of claims victims of crime	37607
fund equal to the sum of the appropriation for that fiscal year	37608
and all prior fiscal year encumbrances. If the appropriation from	37609
the court of claims victims of crime fund is increased during the	37610
fiscal year, the director shall transfer cash from the reparations	37611
fund to the court of claims victims of crime fund in an amount	37612
equal to the increase in the appropriation.	37613

Sec. 2743.55. ~~(A)~~ The attorney general~~, a court of claims~~	37614
~~panel of commissioners,~~ or ~~a judge of~~ the court of claims shall	37615
determine all matters relating to claims for an award of	37616
reparations. The attorney general~~, a court of claims panel of~~	37617
~~commissioners,~~ or ~~a judge of~~ the court of claims may order law	37618
enforcement officers to provide copies of any information or data	37619
gathered in the investigation of the criminally injurious conduct	37620
that is the basis of any claim to enable the attorney general~~, a~~	37621
~~court of claims panel of commissioners,~~ or ~~a judge of~~ the court of	37622
claims to determine whether, and the extent to which, a claimant	37623
qualifies for an award of reparations.	37624

~~(B) A court of claims panel of commissioners shall sit in~~	37625
~~Franklin county.~~	37626

Sec. 2743.60. (A) The attorney general~~, a court of claims~~	37627
~~panel of commissioners,~~ or ~~a judge of~~ the court of claims shall	37628
not make or order an award of reparations to a claimant if the	37629
criminally injurious conduct upon which the claimant bases a claim	37630
never was reported to a law enforcement officer or agency.	37631

(B)(1) The attorney general~~, a panel of commissioners,~~ or a	37632
~~judge of~~ the court of claims shall not make or order an award of	37633
reparations to a claimant if any of the following apply:	37634

(a) The claimant is the offender or an accomplice of the	37635
offender who committed the criminally injurious conduct, or the	37636
award would unjustly benefit the offender or accomplice.	37637

(b) Except as provided in division (B)(2) of this section,	37638
both of the following apply:	37639

(i) The victim was a passenger in a motor vehicle and knew or	37640
reasonably should have known that the driver was under the	37641
influence of alcohol, a drug of abuse, or both.	37642

(ii) The claimant is seeking compensation for injuries	37643
proximately caused by the driver described in division	37644
(B)(1)(b)(i) of this section being under the influence of alcohol,	37645
a drug of abuse, or both.	37646

37647

(i) The victim was under the influence of alcohol, a drug of	37648
abuse, or both and was a passenger in a motor vehicle and, if	37649
sober, should have reasonably known that the driver was under the	37650
influence of alcohol, a drug of abuse, or both.	37651

(ii) The claimant is seeking compensation for injuries	37652
proximately caused by the driver described in division	37653
(B)(1)(b)(i) of this section being under the influence of alcohol,	37654
a drug of abuse, or both.	37655

(2) Division (B)(1)(b) of this section does not apply if on	37656
the date of the occurrence of the criminally injurious conduct,	37657
the victim was under sixteen years of age or was at least sixteen	37658
years of age but less than eighteen years of age and was riding	37659
with a parent, guardian, or care-provider.	37660

(C) The attorney general~~, a panel of commissioners,~~ or a	37661
~~judge of~~ the court of claims, upon a finding that the claimant or	37662
victim has not fully cooperated with appropriate law enforcement	37663
agencies, may deny a claim or reconsider and reduce an award of	37664
reparations.	37665

(D) The attorney general~~, a panel of commissioners,~~ or a	37666
~~judge of~~ the court of claims shall reduce an award of reparations	37667
or deny a claim for an award of reparations that is otherwise	37668
payable to a claimant to the extent that the economic loss upon	37669
which the claim is based is recouped from other persons, including	37670
collateral sources. If an award is reduced or a claim is denied	37671
because of the expected recoupment of all or part of the economic	37672
loss of the claimant from a collateral source, the amount of the	37673
award or the denial of the claim shall be conditioned upon the	37674
claimant's economic loss being recouped by the collateral source.	37675
If the award or denial is conditioned upon the recoupment of the	37676
claimant's economic loss from a collateral source and it is	37677
determined that the claimant did not unreasonably fail to present	37678
a timely claim to the collateral source and will not receive all	37679
or part of the expected recoupment, the claim may be reopened and	37680
an award may be made in an amount equal to the amount of expected	37681
recoupment that it is determined the claimant will not receive	37682
from the collateral source.	37683

If the claimant recoups all or part of the economic loss upon	37684
which the claim is based from any other person or entity,	37685
including a collateral source, the attorney general may recover	37686
pursuant to section 2743.72 of the Revised Code the part of the	37687
award that represents the economic loss for which the claimant	37688
received the recoupment from the other person or entity.	37689

(E)(1) Except as otherwise provided in division (E)(2) of	37690
this section, the attorney general~~, a panel of commissioners,~~ or a	37691
~~judge of~~ the court of claims shall not make an award to a claimant	37692
if any of the following applies:	37693

(a) The victim was convicted of a felony within ten years	37694
prior to the criminally injurious conduct that gave rise to the	37695
claim or is convicted of a felony during the pendency of the	37696
claim.	37697

(b) The claimant was convicted of a felony within ten years	37698
prior to the criminally injurious conduct that gave rise to the	37699
claim or is convicted of a felony during the pendency of the	37700
claim.	37701

(c) It is proved by a preponderance of the evidence that the	37702
victim or the claimant engaged, within ten years prior to the	37703
criminally injurious conduct that gave rise to the claim or during	37704
the pendency of the claim, in an offense of violence, a violation	37705
of section 2925.03 of the Revised Code, or any substantially	37706
similar offense that also would constitute a felony under the laws	37707
of this state, another state, or the United States.	37708

(d) The claimant was convicted of a violation of section	37709
2919.22 or 2919.25 of the Revised Code, or of any state law or	37710
municipal ordinance substantially similar to either section,	37711
within ten years prior to the criminally injurious conduct that	37712
gave rise to the claim or during the pendency of the claim.	37713

(e) It is proved by a preponderance of the evidence that the	37714
victim at the time of the criminally injurious conduct that gave	37715
rise to the claim engaged in conduct that was a felony violation	37716
of section 2925.11 of the Revised Code or engaged in any	37717
substantially similar conduct that would constitute a felony under	37718
the laws of this state, another state, or the United States.	37719

(2) The attorney general~~, a panel of commissioners,~~ or a	37720
~~judge of~~ the court of claims may make an award to a minor	37721
dependent of a deceased victim for dependent's economic loss or	37722
for counseling pursuant to division (F)(2) of section 2743.51 of	37723
the Revised Code if the minor dependent is not ineligible under	37724
division (E)(1) of this section due to the minor dependent's	37725
criminal history and if the victim was not killed while engaging	37726
in illegal conduct that contributed to the criminally injurious	37727
conduct that gave rise to the claim. For purposes of this section,	37728
the use of illegal drugs by the deceased victim shall not be	37729
deemed to have contributed to the criminally injurious conduct	37730
that gave rise to the claim.	37731

(F) In determining whether to make an award of reparations	37732
pursuant to this section, the attorney general or ~~panel of~~	37733
~~commissioners~~the court of claims shall consider whether there was	37734
contributory misconduct by the victim or the claimant. The	37735
attorney general~~, a panel of commissioners,~~ or ~~a judge of~~ the	37736
court of claims shall reduce an award of reparations or deny a	37737
claim for an award of reparations to the extent it is determined	37738
to be reasonable because of the contributory misconduct of the	37739
claimant or the victim.	37740

When the attorney general decides whether a claim should be	37741
denied because of an allegation of contributory misconduct, the	37742
burden of proof on the issue of that alleged contributory	37743
misconduct shall be upon the claimant, if either of the following	37744
apply:	37745

(1) The victim was convicted of a felony more than ten years	37746
prior to the criminally injurious conduct that is the subject of	37747
the claim or has a record of felony arrests under the laws of this	37748
state, another state, or the United States.	37749

(2) There is good cause to believe that the victim engaged in	37750
an ongoing course of criminal conduct within five years or less of	37751
the criminally injurious conduct that is the subject of the claim.	37752

(G) The attorney general~~, a panel of commissioners,~~ or a	37753
~~judge of~~ the court of claims shall not make an award of	37754
reparations to a claimant if the criminally injurious conduct that	37755
caused the injury or death that is the subject of the claim	37756
occurred to a victim who was an adult and while the victim, after	37757
being convicted of or pleading guilty to an offense, was serving a	37758
sentence of imprisonment in any detention facility, as defined in	37759
section 2921.01 of the Revised Code.	37760

(H) If a claimant unreasonably fails to present a claim	37761
timely to a source of benefits or advantages that would have been	37762
a collateral source and that would have reimbursed the claimant	37763
for all or a portion of a particular expense, the attorney	37764
general~~, a panel of commissioners,~~ or ~~a judge of~~ the court of	37765
claims may reduce an award of reparations or deny a claim for an	37766
award of reparations to the extent that it is reasonable to do so.	37767

(I) Reparations payable to a victim and to all other	37768
claimants sustaining economic loss because of injury to or the	37769
death of that victim shall not exceed fifty thousand dollars in	37770
the aggregate. If the attorney general~~, a panel of commissioners,~~	37771
or ~~a judge of~~ the court of claims reduces an award under division	37772
(F) of this section, the maximum aggregate amount of reparations	37773
payable under this division shall be reduced proportionately to	37774
the reduction under division (F) of this section.	37775

(J) Nothing in this section shall be construed to prohibit an	37776
award to a claimant whose claim is based on the claimant's being a	37777
victim of a violation of section 2905.32 of the Revised Code if	37778
the claimant was less than eighteen years of age when the	37779
criminally injurious conduct occurred.	37780

Sec. 2743.601. Except as otherwise provided in this section,	37781
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60	37782
of the Revised Code made by the act in which this section was	37783
enacted apply to all applications for an award of reparations	37784
filed on or after ~~the effective date of this section~~September 30,	37785
2011, and to all applications for an award of reparations filed	37786
before ~~the effective date of this section~~September 30, 2011, for	37787
which an award or denial of the claim by the attorney general~~, a~~	37788
~~panel of commissioners,~~ or the court of claims has not yet become	37789
final. The amendments to section 2743.60 of the Revised Code made	37790
by the act in which this section was enacted, to the extent that	37791
they eliminate the statute of limitations and to the extent that	37792
they remove the seventy-two hour reporting requirement, and the	37793
amendments to section 2743.51 of the Revised Code concerning	37794
guardian bonds shall apply to all claims for an award of	37795
reparations pending on ~~the effective date of this section~~	37796
September 30, 2011, and to all claims for an award of reparations	37797
filed on or after ~~the effective date of this section~~September 30,	37798
2011, that are based on criminally injurious conduct not	37799
previously addressed by the attorney general~~, by a panel of~~	37800
~~commissioners,~~ or by the court of claims.	37801

Sec. 2743.61. (A) The attorney general, on the attorney	37802
general's own motion or upon request of a claimant or victim, may	37803
reconsider a decision to make an award of reparations, the amount	37804
of an award of reparations, or a decision to deny a claim for an	37805
award of reparations. A claimant may file a request for	37806
reconsideration with the attorney general not later than thirty	37807
days after the attorney general renders an initial decision. A	37808
claimant may submit with the request any additional information	37809
that is relevant to the claimant's claim for an award of	37810
reparation.	37811

The attorney general shall reconsider the application based	37812
upon evidence that is relevant to the application and issue a	37813
final decision within sixty days of receiving the request for	37814
reconsideration. The attorney general may extend the sixty-day	37815
time limit and shall record in writing specific reasons to justify	37816
the extension. The attorney general shall notify the claimant of	37817
the extension and of the reasons for the extension.	37818

If a claimant does not file a request for reconsideration of	37819
a decision of the attorney general to make an award or to deny a	37820
claim or of the amount of an award within thirty days after the	37821
decision is rendered, the award, the denial of the claim, or the	37822
amount of the award is final unless the attorney general in the	37823
interest of justice allows the reconsideration after the	37824
expiration of that period of time.	37825

(B) A claimant may appeal an award of reparations, the amount	37826
of an award of reparations, or the denial of a claim for an award	37827
of reparations that is made by a final decision of the attorney	37828
general after any reconsideration. If the final decision of the	37829
attorney general with respect to any claim for an award of	37830
reparations is appealed, athe court of claims ~~panel of~~	37831
~~commissioners~~, within ninety days of receiving the notice of	37832
appeal, shall schedule and conduct a hearing on the appeal. The	37833
~~panel of commissioners~~court shall determine the appeal within	37834
sixty days from the date of the hearing on the basis of the record	37835
of the hearing before the ~~commissioners~~court, including the	37836
original award or denial and the finding of fact of the attorney	37837
general, any information or documents that the attorney general	37838
used in the investigation, any information or data provided to the	37839
attorney general, any briefs or oral arguments that may be	37840
requested by athe court ~~of claims panel of commissioners~~, and any	37841
additional evidence presented at the hearing. The ~~panel of~~	37842
~~commissioners~~court may extend the sixty-day time limit and shall	37843
record in writing specific reasons to justify the extension. The	37844
attorney general shall supply the ~~panel of commissioners~~court	37845
with the original decision awarding or denying compensation, the	37846
finding of fact of the attorney general, any information or	37847
documents that the attorney general used in the investigation, and	37848
any information or data provided to the attorney general within	37849
fourteen days of the filing of the objection and notice of appeal	37850
by the applicant. The ~~panel of commissioners~~court shall notify	37851
the claimant and attorney general of the extension and of the	37852
reasons for the extension. If upon hearing and consideration of	37853
the record and evidence, the court ~~of claims panel of~~	37854
~~commissioners~~ decides that the decision of the attorney general	37855
appealed from is reasonable and lawful, it shall affirm the same.	37856
If the court ~~of claims panel of commissioners~~ decides that the	37857
decision of the attorney general is not supported by a	37858
preponderance of the evidence or is unreasonable or unlawful, it	37859
the court shall reverse and vacate the decision or modify it and	37860
enter judgment thereon. The	37861

~~(C) The attorney general or a claimant may appeal an award of~~	37862
~~reparations, the amount of an award of reparations, or the denial~~	37863
~~of a claim for an award of reparations that is made by a panel of~~	37864
~~court of claims commissioners. If the determination of the panel~~	37865
~~of commissioners with respect to any claim for an award of~~	37866
~~reparations is appealed, a judge of the court of claims shall hear~~	37867
~~and determine the appeal on the basis of the record of the hearing~~	37868
~~before the commissioners, including the original award or denial~~	37869
~~made by the attorney general, any information or documents~~	37870
~~presented to the panel of commissioners, and any briefs or oral~~	37871
~~arguments that may be requested by the judge. If upon hearing and~~	37872
~~consideration of the record and evidence, the judge decides that~~	37873
~~the decision of the panel of commissioners is unreasonable or~~	37874
~~unlawful, the judge shall reverse and vacate the decision or~~	37875
~~modify it and enter judgment on the claim. The~~ decision of the	37876
~~judge of the~~ court ~~of claims~~ is final.	37877

~~(D)~~(C) Notices of an appeal concerning an award of	37878
reparations shall be filed within thirty days after the date on	37879
which the award or the denial of a claim is made by a final	37880
decision of the attorney general. If a notice of appeal is not	37881
filed within the thirty-day period, the award or denial of the	37882
claim is final unless athe court of claims ~~panel of commissioners~~	37883
in the interests of justice allows the appeal.	37884

~~(E) The attorney general or a claimant shall file a notice of~~	37885
~~an appeal concerning an order or decision of a panel of~~	37886
~~commissioners within thirty days after the date on which the award~~	37887
~~or the denial of a claim is made by the panel of commissioners. If~~	37888
~~the attorney general or a claimant does not file a notice of~~	37889
~~appeal with respect to an award or denial within the thirty-day~~	37890
~~period, the award or denial of the claim is final unless a judge~~	37891
~~of the court of claims in the interests of justice allows the~~	37892
~~appeal.~~	37893

Sec. 2743.62. (A)(1) Subject to division (A)(2) of this	37894
section, there is no privilege, except the privileges arising from	37895
the attorney-client relationship, as to communications or records	37896
that are relevant to the physical, mental, or emotional condition	37897
of the claimant or victim in a proceeding under sections 2743.51	37898
to 2743.72 of the Revised Code in which that condition is an	37899
element.	37900

(2)(a) Except as specified in division (A)(2)(b) of this	37901
section, any record or report that a judge of the court of claims,	37902
~~a court of claims panel of commissioners,~~ or the attorney general	37903
has obtained prior to, or obtains on or after, June 30, 1998,	37904
under the provisions of sections 2743.51 to 2743.72 of the Revised	37905
Code and that is confidential or otherwise exempt from public	37906
disclosure under section 149.43 of the Revised Code while in the	37907
possession of the creator of the record or report shall remain	37908
confidential or exempt from public disclosure under section 149.43	37909
of the Revised Code while in the possession of the court of claims	37910
or the attorney general.	37911

(b) Notwithstanding division (A)(2)(a) of this section, a	37912
judge of the court of claims, a ~~panel of commissioners~~magistrate,	37913
a claimant, a claimant's attorney, or the attorney general may	37914
disclose or refer to records or reports described in that division	37915
in any hearing conducted under sections 2743.51 to 2743.72 of the	37916
Revised Code or in the judge's, ~~panel of commissioners'~~	37917
magistrate's, claimant's, or attorney general's written pleadings,	37918
findings, recommendations, and decisions.	37919

(B) If the mental, physical, or emotional condition of a	37920
victim or claimant is material to a claim for an award of	37921
reparations, the attorney general~~, a panel of commissioners,~~ or a	37922
~~judge of~~ the court of claims may order the victim or claimant to	37923
submit to a mental or physical examination and may order an	37924
autopsy of a deceased victim. The order may be made for good cause	37925
shown and upon notice to the person to be examined and to the	37926
claimant. The order shall specify the time, place, manner,	37927
conditions, and scope of the examination or autopsy and the person	37928
by whom it is to be made. In the case of a mental examination, the	37929
person specified may be a physician or psychologist. In the case	37930
of a physical examination, the person specified may be a	37931
physician, a physician assistant, a clinical nurse specialist, a	37932
certified nurse practitioner, or a certified nurse-midwife. In the	37933
case of an autopsy, the person specified must be a physician. The	37934
order shall require the person who performs the examination or	37935
autopsy to file with the attorney general a detailed written	37936
report of the examination or autopsy. The report shall set out the	37937
findings, including the results of all tests made, diagnoses,	37938
prognoses, and other conclusions and reports of earlier	37939
examinations of the same conditions.	37940

(C) On request of the person examined, the attorney general	37941
shall furnish the person a copy of the report. If the victim is	37942
deceased, the attorney general, on request, shall furnish the	37943
claimant a copy of the report.	37944

(D) The attorney general~~, a panel of commissioners,~~ or a	37945
~~judge of~~ the court of claims may require the claimant to	37946
supplement the application for an award of reparations with any	37947
reasonably available medical or psychological reports relating to	37948
the injury for which the award of reparations is claimed.	37949

(E) The attorney general~~, a panel of commissioners,~~ or a	37950
~~judge of~~ the court of claims, in a claim arising out of a	37951
violation of any provision of sections 2907.02 to 2907.07 of the	37952
Revised Code, shall not request the victim or the claimant to	37953
supply, or permit any person to supply, any evidence of specific	37954
instances of the victim's sexual activity, opinion evidence of the	37955
victim's sexual activity, or reputation evidence of the victim's	37956
sexual activity unless it involves evidence of the origin of	37957
semen, pregnancy, or disease or evidence of the victim's past	37958
sexual activity with the offender and only to the extent that the	37959
~~judge, the panel~~court of ~~commissioners,~~claims or the attorney	37960
general finds that the evidence is relevant to a fact at issue in	37961
the claim.	37962

Sec. 2743.63. If a person refuses to comply with an order	37963
under sections 2743.51 to 2743.72 of the Revised Code, or asserts	37964
a privilege, except privileges arising from the attorney-client	37965
relationship, to withhold or suppress evidence relevant to a claim	37966
for an award of reparations, the attorney general may make any	37967
just decision including denial of the claim but shall not find the	37968
person in contempt. If necessary to carry out any of the attorney	37969
general's powers and duties, the attorney general may petition a	37970
the court of claims ~~panel of commissioners~~ for an appropriate	37971
order, including but not limited to a finding of contempt, but a	37972
~~panel of commissioners~~the court shall not find a person in	37973
contempt for refusal to submit to a mental or physical	37974
examination.	37975

Sec. 2743.64. The attorney general~~, a court of claims panel~~	37976
~~of commissioners,~~ or ~~a judge of~~ the court of claims may make an	37977
award of reparations whether or not any person is prosecuted or	37978
convicted for committing the conduct that is the basis of the	37979
award. Proof of conviction of a person whose conduct gave rise to	37980
a claim is conclusive evidence that the crime was committed,	37981
unless an application for rehearing, an appeal of the conviction,	37982
or certiorari is pending, or a rehearing or new trial has been	37983
ordered.	37984

If the prosecuting attorney of the county in which the	37985
criminally injurious conduct allegedly occurred requests the	37986
suspension of proceedings in any claim for an award of reparations	37987
and if the request is made because of the commencement of a	37988
criminal prosecution, the attorney general may suspend, because a	37989
criminal prosecution has been commenced or is imminent, the	37990
proceedings in any claim for an award of reparations for a	37991
definite period of time, and may make an emergency award under	37992
section 2743.67 of the Revised Code.	37993

Sec. 2743.65. (A) The attorney general shall determine, and	37994
the state shall pay, in accordance with this section attorney's	37995
fees, commensurate with services rendered, to the attorney	37996
representing a claimant under sections 2743.51 to 2743.72 of the	37997
Revised Code. The attorney shall submit on an application form an	37998
itemized fee bill at the rate of sixty dollars per hour upon	37999
receipt of the final decision on the claim. Attorney's fees paid	38000
pursuant to this section are subject to the following maximum	38001
amounts:	38002

(1) A maximum of seven hundred twenty dollars for claims	38003
resolved without the filing of an appeal to the ~~panel~~court of	38004
~~commissioners~~claims;	38005

(2) A maximum of one thousand twenty dollars for claims in	38006
which an appeal to the ~~panel~~court of ~~commissioners~~claims is	38007
filed plus, at the request of an attorney whose main office is not	38008
in Franklin county, Delaware county, Licking county, Fairfield	38009
county, Pickaway county, Madison county, or Union county, an	38010
amount for the attorney's travel time to attend the oral hearing	38011
before the ~~panel~~court of ~~commissioners~~claims at the rate of	38012
thirty dollars per hour;	38013

(3) A maximum of one thousand three hundred twenty dollars	38014
for claims in which an appeal to ~~a judge of~~ the court of claims is	38015
filed plus, at the request of an attorney whose main office is not	38016
in Franklin county, Delaware county, Licking county, Fairfield	38017
county, Pickaway county, Madison county, or Union county, an	38018
amount for the attorney's travel time to attend the oral hearing	38019
before the ~~judge~~court at the rate of thirty dollars per hour;	38020

(4) A maximum of seven hundred twenty dollars for a	38021
supplemental reparations application;	38022

(5) A maximum of two hundred dollars if the claim is denied	38023
on the basis of a claimant's or victim's conviction of a felony	38024
offense prior to the filing of the claim. If the claimant or	38025
victim is convicted of a felony offense during the pendency of the	38026
claim, the two hundred dollars maximum does not apply. If the	38027
attorney had knowledge of the claimant's or victim's felony	38028
conviction prior to the filing of the application for the claim,	38029
the attorney general may determine that the filing of the claim	38030
was frivolous and may deny attorney's fees.	38031

(B) The attorney general may determine that an attorney be	38032
reimbursed for fees incurred in the creation of a guardianship if	38033
the guardianship is required in order for an individual to receive	38034
an award of reparations, and those fees shall be reimbursed at a	38035
rate of sixty dollars per hour.	38036

(C)(1) The attorney general shall forward an application form	38037
for attorney's fees to a claimant's attorney before or when the	38038
final decision on a claim is rendered. The application form for	38039
attorney's fees shall do all of the following:	38040

(a) Inform the attorney of the requirements of this section;

38041

(b) Require a verification statement comporting with the law	38042
prohibiting falsification;	38043

38044

(d) Require a verification statement that the claimant was	38045
served a copy of the completed application form;	38046

(e) Include notice that the claimant may oppose the	38047
application by notifying the attorney general in writing within	38048
ten days.	38049

(2) The attorney general shall forward a copy of this section	38050
to the attorney with the application form for attorney's fees. The	38051
attorney shall file the application form with the attorney	38052
general. The attorney general's decision with respect to an award	38053
of attorney's fees is final ten days after the attorney general	38054
renders the decision and mails a copy of the decision to the	38055
attorney at the address provided by the attorney. The attorney may	38056
request reconsideration of the decision on grounds that it is	38057
insufficient or calculated incorrectly. The attorney general's	38058
decision on the request for reconsideration is final.	38059

(D) The attorney general shall review all application forms	38060
for attorney's fees that are submitted by a claimant's attorney	38061
and shall issue an order approving the amount of fees to be paid	38062
to the attorney within sixty days after receipt of the application	38063
form.	38064

(E) No attorney's fees shall be paid for the following:

38065

(1) Estate work or representation of a claimant against a	38066
collateral source;	38067

(2) Duplication of investigative work required to be	38068
performed by the attorney general;	38069

(3) Performance of unnecessary criminal investigation of the	38070
offense;	38071

(4) Presenting or appealing an issue that has been repeatedly	38072
ruled upon by the highest appellate authority, unless a unique set	38073
of facts or unique issue of law exists that distinguishes it;	38074

(5) A fee request that is unreasonable, is not commensurate	38075
with services rendered, violates the Ohio code of professional	38076
responsibility, or is based upon services that are determined to	38077
be frivolous.	38078

(F)(1) The attorney general may reduce or deny the payment of	38079
attorney's fees to an attorney who has filed a frivolous claim.	38080
Subject to division (A)(5) of this section, the denial of a claim	38081
on the basis of a felony conviction, felony conduct, or	38082
contributory misconduct does not constitute a frivolous claim.	38083

(2) As used in this section, "frivolous claim" means a claim	38084
in which there is clearly no legal grounds under the existing laws	38085
of this state to support the filing of a claim on behalf of the	38086
claimant or victim.	38087

(G) The attorney general may determine that a lesser number	38088
of hours should have been required in a given case. Additional	38089
reimbursement may be made where the attorney demonstrates to the	38090
attorney general that the nature of the particular claim required	38091
the expenditure of an amount in excess of that allowed.	38092

(H) No attorney shall receive payment under this section for	38093
assisting a claimant with an application for an award of	38094
reparations under sections 2743.51 to 2743.72 of the Revised Code	38095
if that attorney's fees have been allowed as an expense in	38096
accordance with division (F)(4) of section 2743.51 of the Revised	38097
Code.	38098

(I) A contract or other agreement between an attorney and any	38099
person that provides for the payment of attorney's fees or other	38100
payments in excess of the attorney's fees allowed under this	38101
section for representing a claimant under sections 2743.51 to	38102
2743.72 of the Revised Code shall be void and unenforceable.	38103

(J) Each witness who appears in a hearing on a claim for an	38104
award of reparations shall receive compensation in an amount equal	38105
to that received by witnesses under section 119.094 of the Revised	38106
Code.	38107

Sec. 2743.66. (A) A decision of the attorney general,or	38108
order ~~of a court of claims panel of commissioners,~~ or judgment of	38109
~~a judge~~ of the court of claims granting an award of reparations	38110
may provide for the payment of the award in a lump sum or in	38111
installments. The part of an award equal to the amount of economic	38112
loss accrued to the date of the award shall be paid in a lump sum.	38113
An award for allowable expense that would accrue after the award	38114
is made shall not be paid in a lump sum. Except as provided in	38115
division (B) of this section, the part of an award not paid in a	38116
lump sum shall be paid in installments.	38117

(B) Upon the motion of the claimant, the attorney general may	38118
commute future economic loss, other than allowable expense, to a	38119
lump sum but only upon a finding that either of the following	38120
applies:	38121

(1) The award in a lump sum will promote the interests of the	38122
claimant.	38123

(2) The present value of all future economic loss, other than	38124
allowable expense, does not exceed one thousand dollars.	38125

(C) The attorney general may make an award for future	38126
economic loss payable in installments only for a period as to	38127
which future economic loss reasonably can be determined. An award	38128
for future economic loss payable in installments may be	38129
reconsidered and modified upon a finding that a material and	38130
substantial change of circumstances has occurred.	38131

(D) An award is not subject to execution, attachment,	38132
garnishment, or other process, except that, upon receipt of an	38133
award by a claimant:	38134

(1) The part of the award that is for allowable expense or	38135
funeral expense is not exempt from such action by a creditor to	38136
the extent that the creditor provided products, services, or	38137
accommodations the costs of which are included in the award.	38138

(2) The part of the award that is for work loss shall not be	38139
exempt from such action to secure payment of spousal support,	38140
other maintenance, or child support.	38141

(3) The attorney general may recover the award pursuant to	38142
section 2743.72 of the Revised Code if it is discovered that the	38143
claimant actually was not eligible for the award or that the award	38144
otherwise should not have been made under the standards and	38145
criteria set forth in sections 2743.51 to 2743.72 of the Revised	38146
Code.	38147

(4) If the claimant receives compensation from any other	38148
person or entity, including a collateral source, for an expense	38149
that is included within the award, the attorney general may	38150
recover pursuant to section 2743.72 of the Revised Code the part	38151
of the award that represents the expense for which the claimant	38152
received the compensation from the other person or entity.	38153

(E) If a person entitled to an award of reparations is under	38154
eighteen years of age and if the amount of the award exceeds one	38155
thousand dollars, the order providing for the payment of the award	38156
shall specify that the award be paid either to the guardian of the	38157
estate of the minor appointed pursuant to Chapter 2111. of the	38158
Revised Code or to the person or depository designated by the	38159
probate court under section 2111.05 of the Revised Code. If a	38160
person entitled to an award of reparations is under eighteen years	38161
of age and if the amount of the award is one thousand dollars or	38162
less, the order providing for the payment of the award may specify	38163
that the award be paid to an adult member of the family of the	38164
minor who is legally responsible for the minor's care or to any	38165
other person designated by the attorney general or ~~panel of~~	38166
~~commissioners issuing~~ the ~~decision or order~~court of claims.	38167

Sec. 2743.67. The attorney general may make an emergency	38168
award if, before acting on an application for an award of	38169
reparations under this section, it appears likely that a final	38170
award will be made, and the claimant or victim will suffer undue	38171
hardship if immediate economic relief is not obtained. An	38172
emergency award shall not exceed two thousand dollars. The	38173
attorney general or the court of claims ~~panel of commissioners~~	38174
shall deduct an amount of the emergency award from the final	38175
award, or the claimant or victim shall repay the amount of the	38176
emergency award that exceeds the final award made to the claimant.	38177
If no final award is made, the claimant or victim shall repay the	38178
entire emergency award.	38179

Sec. 2743.68. A claimant may file a supplemental reparations	38180
application in a claim if the attorney general~~, a court of claims~~	38181
~~panel of commissioners,~~ or ~~judge of~~ the court of claims, within	38182
five years prior to the filing of the supplemental application,	38183
has made any of the following determinations:	38184

(A) That an award, supplemental award, or installment award	38185
be granted;	38186

(B) That an award, supplemental award, or installment award	38187
be conditioned or denied because of actual or potential recovery	38188
from a collateral source;	38189

(C) That an award, supplemental award, or installment award	38190
be denied because the claimant had not incurred any economic loss	38191
at that time.	38192

Sec. 2743.69. (A) The attorney general shall prepare and	38193
transmit annually to the governor, the president of the senate,	38194
the speaker of the house of representatives, and the minority	38195
leaders of both houses a report of the activities of the Ohio	38196
crime victims compensation program under sections 2743.51 to	38197
2743.72 of the Revised Code. The report shall include all of the	38198
following:	38199

(1) The number of claims filed, the number of awards made and	38200
the amount of each award, and a statistical summary of awards made	38201
and denied, including the average size of awards;	38202

(2) The balance in the reparations fund, with a listing by	38203
source and amount of the moneys that have been deposited in the	38204
fund;	38205

(3) The amount that has been withdrawn from the fund,	38206
including separate listings of the administrative costs incurred	38207
by the attorney general and athe court of claims ~~panel of~~	38208
~~commissioners, compensation of judges and court personnel~~, the	38209
amount awarded as attorney's fees, and the amount of payments made	38210
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	38211
Revised Code.	38212

(B) The director of budget and management shall assist the	38213
attorney general in the preparation of the report required by this	38214
section.	38215

Sec. 2743.71. (A) Any law enforcement agency that	38216
investigates, and any prosecuting attorney, city director of law,	38217
village solicitor, or similar prosecuting authority who	38218
prosecutes, an offense committed in this state shall, upon first	38219
contact with the victim or the victim's family or dependents, give	38220
the victim or the victim's family or dependents a copy of an	38221
information card or other printed material provided by the	38222
attorney general pursuant to division (B) of this section and	38223
explain, upon request, the information on the card or material to	38224
the victim or the victim's family or dependents.	38225

(B) The attorney general shall have printed, and shall	38226
provide to law enforcement agencies, prosecuting attorneys, city	38227
directors of law, village solicitors, and similar prosecuting	38228
authorities, cards or other materials that contain information	38229
explaining awards of reparations. The information on the cards or	38230
other materials shall include, but shall not be limited to, the	38231
following statements:	38232

(1) Awards of reparations are limited to losses that are	38233
caused by physical injury resulting from criminally injurious	38234
conduct;	38235

(2) Reparations applications are required to be filed ~~within~~	38236
~~two years after the date of the criminally injurious conduct if~~	38237
~~the victim was an adult, or~~ within the period provided by division	38238
~~(C)~~(B)(1) of section 2743.56 of the Revised Code if the victim of	38239
the criminally injurious conduct was a minor;	38240

(3) An attorney who represents an applicant for an award of	38241
reparations cannot charge the applicant for the services rendered	38242
in relation to that representation but is required to apply to the	38243
attorney general for payment for the representation;	38244

(4) Applications for awards of reparations may be obtained	38245
from the attorney general, law enforcement agencies, and victim	38246
assistance agencies and are to be filed with the attorney general.	38247

(C) The attorney general may order that a reasonable amount	38248
of money be paid out of the reparations fund, subject to the	38249
limitation imposed by division (D) of this section, for use by the	38250
attorney general to publicize the availability of awards of	38251
reparations.	38252

(D) During any fiscal year, the total expenditure for the	38253
printing and providing of information cards or other materials	38254
pursuant to division (B) of this section and for the publicizing	38255
of the availability of awards of reparations pursuant to division	38256
(C) of this section shall not exceed two per cent of the total of	38257
all court costs deposited, in accordance with section 2743.70 of	38258
the Revised Code, in the reparations fund during the immediately	38259
preceding fiscal year.	38260

Sec. 2744.05. Notwithstanding any other provisions of the	38261
Revised Code or rules of a court to the contrary, in an action	38262
against a political subdivision to recover damages for injury,	38263
death, or loss to person or property caused by an act or omission	38264
in connection with a governmental or proprietary function:	38265

(A) Punitive or exemplary damages shall not be awarded.

38266

(B)(1) If a claimant receives or is entitled to receive	38267
benefits for injuries or loss allegedly incurred from a policy or	38268
policies of insurance or any other source, the benefits shall be	38269
disclosed to the court, and the amount of the benefits shall be	38270
deducted from any award against a political subdivision recovered	38271
by that claimant. No insurer or other person is entitled to bring	38272
an action under a subrogation provision in an insurance or other	38273
contract against a political subdivision with respect to those	38274
benefits.	38275

The amount of the benefits shall be deducted from an award	38276
against a political subdivision under division (B)(1) of this	38277
section regardless of whether the claimant may be under an	38278
obligation to pay back the benefits upon recovery, in whole or in	38279
part, for the claim. A claimant whose benefits have been deducted	38280
from an award under division (B)(1) of this section is not	38281
considered fully compensated and shall not be required to	38282
reimburse a subrogated claim for benefits deducted from an award	38283
pursuant to division (B)(1) of this section.	38284

(2) Nothing in division (B)(1) of this section shall be	38285
construed to do either of the following:	38286

(a) Limit the rights of a beneficiary under a life insurance	38287
policy or the rights of sureties under fidelity or surety bonds;	38288

(b) Prohibit the department of ~~job and family services~~	38289
medicaid from recovering from the political subdivision, pursuant	38290
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	38291
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	38292
~~of the Revised Code~~provided under a medical assistance program.	38293

(C)(1) There shall not be any limitation on compensatory	38294
damages that represent the actual loss of the person who is	38295
awarded the damages. However, except in wrongful death actions	38296
brought pursuant to Chapter 2125. of the Revised Code, damages	38297
that arise from the same cause of action, transaction or	38298
occurrence, or series of transactions or occurrences and that do	38299
not represent the actual loss of the person who is awarded the	38300
damages shall not exceed two hundred fifty thousand dollars in	38301
favor of any one person. The limitation on damages that do not	38302
represent the actual loss of the person who is awarded the damages	38303
provided in this division does not apply to court costs that are	38304
awarded to a plaintiff, or to interest on a judgment rendered in	38305
favor of a plaintiff, in an action against a political	38306
subdivision.	38307

(2) As used in this division, "the actual loss of the person	38308
who is awarded the damages" includes all of the following:	38309

(a) All wages, salaries, or other compensation lost by the	38310
person injured as a result of the injury, including wages,	38311
salaries, or other compensation lost as of the date of a judgment	38312
and future expected lost earnings of the person injured;	38313

(b) All expenditures of the person injured or another person	38314
on behalf of the person injured for medical care or treatment, for	38315
rehabilitation services, or for other care, treatment, services,	38316
products, or accommodations that were necessary because of the	38317
injury;	38318

(c) All expenditures to be incurred in the future, as	38319
determined by the court, by the person injured or another person	38320
on behalf of the person injured for medical care or treatment, for	38321
rehabilitation services, or for other care, treatment, services,	38322
products, or accommodations that will be necessary because of the	38323
injury;	38324

(d) All expenditures of a person whose property was injured	38325
or destroyed or of another person on behalf of the person whose	38326
property was injured or destroyed in order to repair or replace	38327
the property that was injured or destroyed;	38328

(e) All expenditures of the person injured or of the person	38329
whose property was injured or destroyed or of another person on	38330
behalf of the person injured or of the person whose property was	38331
injured or destroyed in relation to the actual preparation or	38332
presentation of the claim involved;	38333

(f) Any other expenditures of the person injured or of the	38334
person whose property was injured or destroyed or of another	38335
person on behalf of the person injured or of the person whose	38336
property was injured or destroyed that the court determines	38337
represent an actual loss experienced because of the personal or	38338
property injury or property loss.	38339

"The actual loss of the person who is awarded the damages"	38340
does not include any fees paid or owed to an attorney for any	38341
services rendered in relation to a personal or property injury or	38342
property loss, and does not include any damages awarded for pain	38343
and suffering, for the loss of society, consortium, companionship,	38344
care, assistance, attention, protection, advice, guidance,	38345
counsel, instruction, training, or education of the person	38346
injured, for mental anguish, or for any other intangible loss.	38347

Sec. 2744.08. (A)(1) A political subdivision may use public	38348
funds to secure insurance with respect to its and its employees'	38349
potential liability in damages in civil actions for injury, death,	38350
or loss to persons or property allegedly caused by an act or	38351
omission of the political subdivision or any of its employees in	38352
connection with a governmental or proprietary function. The	38353
insurance may be at the limits, for the circumstances, and subject	38354
to the terms and conditions, that are determined by the political	38355
subdivision in its discretion.	38356

The insurance may be for the period of time that is set forth	38357
in specifications for competitive bids or, when competitive	38358
bidding is not required, for the period of time that is mutually	38359
agreed upon by the political subdivision and insurance company.	38360
The period of time does not have to be, but can be, limited to the	38361
fiscal cycle under which the political subdivision is funded and	38362
operates.	38363

(2)(a) Regardless of whether a political subdivision procures	38364
a policy or policies of liability insurance pursuant to division	38365
(A)(1) of this section or otherwise, the political subdivision may	38366
establish and maintain a self-insurance program relative to its	38367
and its employees' potential liability in damages in civil actions	38368
for injury, death, or loss to persons or property allegedly caused	38369
by an act or omission of the political subdivision or any of its	38370
employees in connection with a governmental or proprietary	38371
function. The political subdivision may reserve such funds as it	38372
deems appropriate in a special fund that may be established	38373
pursuant to an ordinance or resolution of the political	38374
subdivision and not subject to section 5705.12 of the Revised	38375
Code. The political subdivision may allocate ~~the~~its costs of	38376
funding insurance or a self-insurance program~~, or both,~~ among the	38377
funds or accounts in the subdivision's treasury on the basis of	38378
relative payroll, relative exposure ~~and~~, relative loss experience,	38379
or any combination of these factors. The political subdivision may	38380
require any deductibles under an insurance or self-insurance	38381
program, or both, to be paid from funds or accounts in the	38382
subdivision's treasury from which a loss was directly	38383
attributable. If it so chooses, the political subdivision may	38384
contract with any person, other political subdivision, or regional	38385
council of governments for purposes of the administration of such	38386
a program.	38387

(b) Political subdivisions that have established	38388
self-insurance programs relative to their and their employees'	38389
potential liability as described in division (A)(2)(a) of this	38390
section may mutually agree that their self-insurance programs will	38391
be jointly administered in a specified manner.	38392

(B) The purchase of liability insurance, or the establishment	38393
and maintenance of a self-insurance program, by a political	38394
subdivision does not constitute a waiver of any immunity or	38395
defense of the political subdivision or its employees, except that	38396
the political subdivision may specifically waive any immunity or	38397
defense to which it or its employees may be entitled if a	38398
provision to that effect is specifically included in the policy of	38399
insurance or in a written plan of operation of the self-insurance	38400
program, or, if any, the legislative enactment of the political	38401
subdivision authorizing the purchase of the insurance or the	38402
establishment and maintenance of the self-insurance program. Such	38403
a specific waiver shall be only to the extent of the insurance or	38404
self-insurance program coverage.	38405

(C) The authorizations for political subdivisions to secure	38406
insurance and to establish and maintain self-insurance programs in	38407
this section are in addition to any other authority to secure	38408
insurance or to establish and maintain self-insurance programs	38409
that is granted pursuant to the Revised Code or the constitution	38410
of this state, and they are not in derogation of any other	38411
authorization.	38412

Sec. 2744.081. (A) Regardless of whether a political	38413
subdivision, under section 2744.08 of the Revised Code, secures a	38414
policy or policies of liability insurance, establishes and	38415
maintains a self-insurance program, or enters into an agreement	38416
for the joint administration of a self-insurance program, the	38417
political subdivision may, pursuant to a written agreement and to	38418
the extent that it considers necessary, join with other political	38419
subdivisions in establishing and maintaining a joint	38420
self-insurance pool to provide for the payment of judgments,	38421
settlement of claims, expense, loss, and damage that arises, or is	38422
claimed to have arisen, from an act or omission of the political	38423
subdivision or any of its employees in connection with a	38424
governmental or proprietary function and to indemnify or hold	38425
harmless the subdivision's employees against such loss or damage.	38426

All of the following apply to a joint self-insurance pool	38427
under this section:	38428

(1) Such funds shall be reserved as are necessary, in the	38429
exercise of sound and prudent actuarial judgment, to cover	38430
potential political subdivision and employee liability, expense,	38431
loss, and damage. A report of aggregate amounts so reserved and	38432
aggregate disbursements made from such funds, together with a	38433
written report of a member of the American academy of actuaries	38434
certifying whether the amounts reserved conform to the	38435
requirements of this division, are computed in accordance with	38436
accepted loss reserving standards, and are fairly stated in	38437
accordance with sound loss reserving principles, shall be prepared	38438
and maintained in the office of the pool administrator described	38439
in division (A)(2) of this section. The report shall be prepared	38440
and maintained on or before the last day of March for the	38441
preceding calendar year or, if the joint self-insurance pool's	38442
fiscal year is other than a calendar year, not later than ninety	38443
days after the close of the pool's fiscal year.	38444

The report required by this division shall include, but not	38445
be limited to, the aggregate of disbursements made for the	38446
administration of the pool, including claims paid, costs of the	38447
legal representation of political subdivisions and employees, and	38448
fees paid to consultants.	38449

The pool administrator described in division (A)(2) of this	38450
section shall make the report required by this division available	38451
for inspection by any person at all reasonable times during	38452
regular business hours, and, upon the request of such person,	38453
shall make copies of the report available at cost within a	38454
reasonable period of time. The report required by this division is	38455
in lieu of the records required by division (A) of section 149.431	38456
of the Revised Code.	38457

(2) A contract may be awarded, without the necessity of	38458
competitive bidding, to any person, political subdivision,	38459
nonprofit corporation organized under Chapter 1702. of the Revised	38460
Code, or regional council of governments created under Chapter	38461
167. of the Revised Code for purposes of administration of a joint	38462
self-insurance pool. No such contract shall be entered into	38463
without full, prior, public disclosure of all terms and	38464
conditions. Such disclosure shall include, at a minimum, a	38465
statement listing all representations made in connection with any	38466
possible savings and losses resulting from such contract, and	38467
potential liability of any political subdivision or employee. The	38468
proposed contract and statement shall be disclosed and presented	38469
at a meeting of the political subdivision not less than one week	38470
prior to the meeting at which the political subdivision authorizes	38471
the contract.	38472

(3) A joint self-insurance pool shall include a contract with	38473
a member of the American academy of actuaries for the preparation	38474
of the written evaluation of the reserve funds required under	38475
division (A)(1) of this section.	38476

(4) A political subdivision that has joined with other	38477
political subdivisions in establishing and maintaining a joint	38478
self-insurance pool may allocate the costs of funding the pool	38479
among the funds or accounts in the treasuries of the political	38480
subdivisions on the basis of their relative payroll, relative	38481
exposure ~~and~~, and relative loss experience, or any combination of	38482
these factors. ~~A joint self-insurance program~~such a political	38483
subdivision may require any deductible under the program to be	38484
paid from funds or accounts in the treasury of the political	38485
subdivision from which a loss was directly attributable.	38486

(B) Two or more political subdivisions may also authorize the	38487
establishment and maintenance of a joint risk-management program,	38488
including but not limited to the employment of risk managers and	38489
consultants, for the purpose of preventing and reducing the risks	38490
covered by insurance, self-insurance, or joint self-insurance	38491
programs.	38492

(C) A political subdivision is not liable under a joint	38493
self-insurance pool for any amount in excess of amounts payable	38494
pursuant to the written agreement for the participation of the	38495
political subdivision in the joint self-insurance pool. Under a	38496
joint self-insurance pool agreement a political subdivision may,	38497
to the extent permitted under the written agreement, assume the	38498
risks of any other political subdivision, including the	38499
indemnification of its employees. A joint self-insurance pool,	38500
established under this section, is deemed a separate legal entity	38501
for the public purpose of enabling the members of the joint	38502
self-insurance pool to obtain insurance or to provide for a	38503
formalized, jointly administered self-insurance fund for its	38504
members. An entity created pursuant to this section is exempt from	38505
all state and local taxes.	38506

(D) Any political subdivision may issue general obligation	38507
bonds, or special obligation bonds which are not payable from real	38508
or personal property taxes, and may also issue notes in	38509
anticipation of such bonds, pursuant to an ordinance or resolution	38510
of its legislative authority or other governing body for the	38511
purpose of providing funds to pay judgments, losses, damages, and	38512
the expenses of litigation or settlement of claims, whether by way	38513
of a reserve or otherwise, and to pay the political subdivision's	38514
portion of the cost of establishing and maintaining a joint	38515
self-insurance pool or to provide for the reserve in the special	38516
fund authorized by division (A)(2)(a) of section 2744.08 of the	38517
Revised Code.	38518

In its ordinance or resolution authorizing bonds or notes	38519
under this section, a political subdivision may elect to issue	38520
such bonds or notes under the procedures set forth in Chapter 133.	38521
of the Revised Code. In the event of such an election,	38522
notwithstanding Chapter 133. of the Revised Code, the maturity of	38523
the bonds may be for any period authorized in the ordinance or	38524
resolution not exceeding twenty years, which period shall be the	38525
maximum maturity of the bonds for purposes of section 133.22 of	38526
the Revised Code.	38527

Bonds and notes issued under this section shall not be	38528
considered in calculating the net indebtedness of the political	38529
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	38530
the Revised Code. Sections 9.98 to 9.983 of the Revised Code apply	38531
to bonds or notes authorized under this section.	38532

(E)(1) A joint self-insurance pool, in addition to its powers	38533
to provide self-insurance against any and all liabilities under	38534
this chapter, may also include any one or more of the following	38535
forms of property or casualty self-insurance for the purpose of	38536
covering any other liabilities or risks of the members of the	38537
pool:	38538

(a) Public general liability, professional liability, or	38539
employees liability;	38540

(b) Individual or fleet motor vehicle or automobile liability	38541
and protection against other liability and loss associated with	38542
the ownership, maintenance, and use of motor vehicles;	38543

(c) Aircraft liability and protection against other liability	38544
and loss associated with the ownership, maintenance, and use of	38545
aircraft;	38546

(d) Fidelity, surety, and guarantee;

38547

(e) Loss or damage to property and loss of use and occupancy	38548
of property by fire, lightning, hail, tempest, flood, earthquake,	38549
or snow, explosion, accident, or other risk;	38550

(f) Marine, inland transportation and navigation, boiler,	38551
containers, pipes, engines, flywheels, elevators, and machinery;	38552

(g) Environmental impairment;

38553

(h) Loss or damage by any hazard upon any other risk to which	38554
political subdivisions are subject, which is not prohibited by	38555
statute or at common law from being the subject of casualty or	38556
property insurance.	38557

(2) A joint self-insurance pool is not an insurance company.	38558
Its operation does not constitute doing an insurance business and	38559
is not subject to the insurance laws of this state.	38560

(F) A public official or employee of a political subdivision	38561
who is or becomes a member of the governing body of a joint	38562
self-insurance pool in which the political subdivision	38563
participates is not in violation of division (D) or (E) of section	38564
102.03, division (C) of section 102.04, or section 2921.42 of the	38565
Revised Code as a result of the political subdivision's entering	38566
under this section into the written agreement to participate in	38567
the pool or into any contract with the pool.	38568

(G) This section shall not be construed to affect the ability	38569
of any political subdivision to self-insure under the authority	38570
conferred by any other section of the Revised Code.	38571

Sec. 2744.082. (A) If a political subdivision, pursuant to	38572
division (A)(2)(a) of section 2744.08 ~~of the Revised Code~~ or a	38573
~~joint self-insurance pool pursuant to~~division (A)(4) of section	38574
2744.081 of the Revised Code, has allocated costs to, or required	38575
the payment of deductibles from, funds or accounts in the	38576
subdivision's treasury, the subdivision's fiscal officer, pursuant	38577
to an ordinance or resolution of the subdivision's legislative	38578
authority, shall transfer amounts equal to those costs or	38579
deductibles from the funds or accounts to the subdivision's	38580
general fund if both of the following occur:	38581

(1) The subdivision requests payment from the employee	38582
responsible for the funds or accounts for those costs or	38583
deductibles;	38584

(2) The employee receiving the request fails to remit payment	38585
within forty-five days after the date of receipt of the request.	38586

(B) Sections 5705.14, 5705.15, and 5705.16 of the Revised	38587
Code do not apply to transfers made pursuant to this section.	38588

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	38589
or (3) of this section or as otherwise provided in this section, a	38590
prosecution shall be barred unless it is commenced within the	38591
following periods after an offense is committed:	38592

(a) For a felony, six years;

38593

(b) For a misdemeanor other than a minor misdemeanor, two	38594
years;	38595

38596

(2) There is no period of limitation for the prosecution of a	38597
violation of section 2903.01 or 2903.02 of the Revised Code.	38598

(3) Except as otherwise provided in divisions (B) to (H) of	38599
this section, a prosecution of any of the following offenses shall	38600
be barred unless it is commenced within twenty years after the	38601
offense is committed:	38602

(a) A violation of section 2903.03, 2903.04, 2905.01,	38603
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	38604
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	38605
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	38606
Code, a violation of section 2903.11 or 2903.12 of the Revised	38607
Code if the victim is a peace officer, a violation of section	38608
2903.13 of the Revised Code that is a felony, or a violation of	38609
former section 2907.12 of the Revised Code;	38610

(b) A conspiracy to commit, attempt to commit, or complicity	38611
in committing a violation set forth in division (A)(3)(a) of this	38612
section.	38613

(B)(1) Except as otherwise provided in division (B)(2) of	38614
this section, if the period of limitation provided in division	38615
(A)(1) or (3) of this section has expired, prosecution shall be	38616
commenced for an offense of which an element is fraud or breach of	38617
a fiduciary duty, within one year after discovery of the offense	38618
either by an aggrieved person, or by the aggrieved person's legal	38619
representative who is not a party to the offense.	38620

(2) If the period of limitation provided in division (A)(1)	38621
or (3) of this section has expired, prosecution for a violation of	38622
section 2913.49 of the Revised Code shall be commenced within five	38623
years after discovery of the offense either by an aggrieved person	38624
or the aggrieved person's legal representative who is not a party	38625
to the offense.	38626

(C)(1) If the period of limitation provided in division	38627
(A)(1) or (3) of this section has expired, prosecution shall be	38628
commenced for the following offenses during the following	38629
specified periods of time:	38630

(a) For an offense involving misconduct in office by a public	38631
servant, at any time while the accused remains a public servant,	38632
or within two years thereafter;	38633

(b) For an offense by a person who is not a public servant	38634
but whose offense is directly related to the misconduct in office	38635
of a public servant, at any time while that public servant remains	38636
a public servant, or within two years thereafter.	38637

(2) As used in this division:

38638

(a) An "offense is directly related to the misconduct in	38639
office of a public servant" includes, but is not limited to, a	38640
violation of section 101.71, 101.91, 121.61 or 2921.13, division	38641
(F) or (H) of section 102.03, division (A) of section 2921.02,	38642
division (A) or (B) of section 2921.43, or division (F) or (G) of	38643
section 3517.13 of the Revised Code, that is directly related to	38644
an offense involving misconduct in office of a public servant.	38645

(b) "Public servant" has the same meaning as in section	38646
2921.01 of the Revised Code.	38647

(D) An offense is committed when every element of the offense	38648
occurs. In the case of an offense of which an element is a	38649
continuing course of conduct, the period of limitation does not	38650
begin to run until such course of conduct or the accused's	38651
accountability for it terminates, whichever occurs first.	38652

(E) A prosecution is commenced on the date an indictment is	38653
returned or an information filed, or on the date a lawful arrest	38654
without a warrant is made, or on the date a warrant, summons,	38655
citation, or other process is issued, whichever occurs first. A	38656
prosecution is not commenced by the return of an indictment or the	38657
filing of an information unless reasonable diligence is exercised	38658
to issue and execute process on the same. A prosecution is not	38659
commenced upon issuance of a warrant, summons, citation, or other	38660
process, unless reasonable diligence is exercised to execute the	38661
same.	38662

(F) The period of limitation shall not run during any time	38663
when the corpus delicti remains undiscovered.	38664

(G) The period of limitation shall not run during any time	38665
when the accused purposely avoids prosecution. Proof that the	38666
accused departed this state or concealed the accused's identity or	38667
whereabouts is prima-facie evidence of the accused's purpose to	38668
avoid prosecution.	38669

(H) The period of limitation shall not run during any time a	38670
prosecution against the accused based on the same conduct is	38671
pending in this state, even though the indictment, information, or	38672
process that commenced the prosecution is quashed or the	38673
proceedings on the indictment, information, or process are set	38674
aside or reversed on appeal.	38675

(I) The period of limitation for a violation of any provision	38676
of Title XXIX of the Revised Code that involves a physical or	38677
mental wound, injury, disability, or condition of a nature that	38678
reasonably indicates abuse or neglect of a child under eighteen	38679
years of age or of a mentally retarded, developmentally disabled,	38680
or physically impaired child under twenty-one years of age shall	38681
not begin to run until either of the following occurs:	38682

(1) The victim of the offense reaches the age of majority.

38683

(2) A public children services agency, or a municipal or	38684
county peace officer that is not the parent or guardian of the	38685
child, in the county in which the child resides or in which the	38686
abuse or neglect is occurring or has occurred has been notified	38687
that abuse or neglect is known, suspected, or believed to have	38688
occurred.	38689

(J) As used in this section, "peace officer" has the same	38690
meaning as in section 2935.01 of the Revised Code.	38691

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	38692
the Revised Code:	38693

(1) "Information" means information that can be integrated	38694
into the computer system and that relates to the physical or	38695
mental description of a minor including, but not limited to,	38696
height, weight, color of hair and eyes, use of eyeglasses or	38697
contact lenses, skin coloring, physical or mental handicaps,	38698
special medical conditions or needs, abnormalities, problems,	38699
scars and marks, and distinguishing characteristics, and other	38700
information that could assist in identifying a minor including,	38701
but not limited to, full name and nickname, date and place of	38702
birth, age, names and addresses of parents and other relatives,	38703
fingerprints, dental records, photographs, social security number,	38704
driver's license number, credit card numbers, bank account	38705
numbers, and clothing.	38706

(2) "Minor" means a person under eighteen years of age.

38707

(3) "Missing children" or "missing child" means either of the	38708
following:	38709

(a) A minor who has run away from or who otherwise is missing	38710
from the home of, or the care, custody, and control of, the	38711
minor's parents, parent who is the residential parent and legal	38712
custodian, guardian, legal custodian, or other person having	38713
responsibility for the care of the minor;	38714

(b) A minor who is missing and about whom there is reason to	38715
believe the minor could be the victim of a violation of section	38716
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	38717
violation of section 2905.04 of the Revised Code as it existed	38718
prior to July 1, 1996.	38719

(B) When a law enforcement agency in this state that has	38720
jurisdiction in the matter is informed that a minor is or may be a	38721
missing child and that the person providing the information wishes	38722
to file a missing child report, the law enforcement agency shall	38723
take that report. Upon taking the report, the law enforcement	38724
agency shall take prompt action upon it, including, but not	38725
limited to, concerted efforts to locate the missing child. No law	38726
enforcement agency in this state shall have a rule or policy that	38727
prohibits or discourages the filing of or the taking of action	38728
upon a missing child report, within a specified period following	38729
the discovery or formulation of a belief that a minor is or could	38730
be a missing child.	38731

(C) If a missing child report is made to a law enforcement	38732
agency in this state that has jurisdiction in the matter, the law	38733
enforcement agency shall gather readily available information	38734
about the missing child and integrate it into the national crime	38735
information center computer immediately following the making of	38736
the report. The law enforcement agency shall make reasonable	38737
efforts to acquire additional information about the missing child	38738
following the transmittal of the initially available information,	38739
and promptly integrate any additional information acquired into	38740
such computer systems.	38741

Whenever a law enforcement agency integrates information	38742
about a missing child into the national crime information center	38743
computer, the law enforcement agency promptly shall notify the	38744
missing child's parents, parent who is the residential parent and	38745
legal custodian, guardian, or legal custodian, or any other person	38746
responsible for the care of the missing child, that it has so	38747
integrated the information.	38748

The parents, parent who is the residential parent and legal	38749
custodian, guardian, legal custodian, or other person responsible	38750
for the care of the missing child shall provide available	38751
information upon request, and may provide information voluntarily,	38752
to the law enforcement agency during the information gathering	38753
process. The law enforcement agency also may obtain available	38754
information about the missing child from other persons, subject to	38755
constitutional and statutory limitations.	38756

(D) Upon the filing of a missing child report, the law	38757
enforcement agency involved may notify the public or nonpublic	38758
school in which the missing child is or was most recently	38759
enrolled, as ascertained by the agency, that the child is the	38760
subject of a missing child report and that the child's school	38761
records are to be marked in accordance with section 3313.672 of	38762
the Revised Code.	38763

(E) Upon the filing of a missing child report, the law	38764
enforcement agency involved promptly shall make a reasonable	38765
attempt to notify other law enforcement agencies within its county	38766
and, if the agency has jurisdiction in a municipal corporation or	38767
township that borders another county, to notify the law	38768
enforcement agency for the municipal corporation or township in	38769
the other county with which it shares the border, that it has	38770
taken a missing child report and may be requesting assistance or	38771
cooperation in the case, and provide relevant information to the	38772
other law enforcement agencies. The agency may notify additional	38773
law enforcement agencies, or appropriate public children services	38774
agencies, about the case, request their assistance or cooperation	38775
in the case, and provide them with relevant information.	38776

Upon request from a law enforcement agency, a public children	38777
services agency shall grant the law enforcement agency access to	38778
all information concerning a missing child that the agency	38779
possesses that may be relevant to the law enforcement agency in	38780
investigating a missing child report concerning that child. The	38781
information obtained by the law enforcement agency shall be used	38782
only to further the investigation to locate the missing child.	38783

(F) Upon request, law enforcement agencies in this state	38784
shall provide assistance to, and cooperate with, other law	38785
enforcement agencies in their investigation of missing child	38786
cases. The assistance and cooperation under this paragraph shall	38787
be pursuant to any terms agreed upon by the law enforcement	38788
agencies, which may include the provision of law enforcement	38789
services or the use of law enforcement equipment or the	38790
interchange of services and equipment among the cooperating law	38791
enforcement agencies. Chapter 2744. of the Revised Code, insofar	38792
as it applies to the operation of law enforcement agencies, shall	38793
apply to the cooperating political subdivisions and to the law	38794
enforcement agency employees when they are rendering services	38795
pursuant to this paragraph outside the territory of the political	38796
subdivision by which they are employed. Law enforcement agency	38797
employees rendering services outside the territory of the	38798
political subdivision in which they are employed, pursuant to this	38799
paragraph, shall be entitled to participate in any indemnity fund	38800
established by their employer to the same extent as if they were	38801
rendering service within the territory of their employing	38802
political subdivision. Those law enforcement agency employees also	38803
shall be entitled to all the rights and benefits of Chapter 4123.	38804
of the Revised Code to the same extent as if rendering services	38805
within the territory of their employing political subdivision.	38806

The information in any missing child report made to a law	38807
enforcement agency shall be made available, upon request, to law	38808
enforcement personnel of this state, other states, and the federal	38809
government when the law enforcement personnel indicate that the	38810
request is to aid in identifying or locating a missing child or	38811
the possible identification of a deceased minor who, upon	38812
discovery, cannot be identified.	38813

(G) When a missing child has not been located within thirty	38814
days after the date on which the missing child report pertaining	38815
to the child was filed with a law enforcement agency, that law	38816
enforcement agency shall request the missing child's parents,	38817
parent who is the residential parent and legal custodian,	38818
guardian, or legal custodian, or any other person responsible for	38819
the care of the missing child, to provide written consent for the	38820
law enforcement agency to contact the missing child's dentist and	38821
request the missing child's dental records. Upon receipt of such	38822
written consent, the dentist shall release a copy of the missing	38823
child's dental records to the law enforcement agency and shall	38824
provide and encode the records in such form as requested by the	38825
law enforcement agency. The law enforcement agency then shall	38826
integrate information in the records into the national crime	38827
information center computer in order to compare the records to	38828
those of unidentified deceased persons. This division does not	38829
prevent a law enforcement agency from seeking consent to obtain	38830
copies of a missing child's dental records, or prevent a missing	38831
child's parents, parent who is the residential parent and legal	38832
custodian, guardian, or legal custodian, or any other person	38833
responsible for the care of the missing child, from granting	38834
consent for the release of copies of the missing child's dental	38835
records to a law enforcement agency, at any time.	38836

(H) A missing child's parents, parent who is the residential	38837
parent and legal custodian, guardian, or legal custodian, or any	38838
other persons responsible for the care of a missing child,	38839
immediately shall notify the law enforcement agency with which	38840
they filed the missing child report whenever the child has	38841
returned to their home or to their care, custody, and control, has	38842
been released if the missing child was the victim of an offense	38843
listed in division (A)(3)(b) of this section, or otherwise has	38844
been located. Upon such notification or upon otherwise learning	38845
that a missing child has returned to the home of, or to the care,	38846
custody, and control of the missing child's parents, parent who is	38847
the residential parent and legal custodian, guardian, legal	38848
custodian, or other person responsible for the missing child's	38849
care, has been released if the missing child was the victim of an	38850
offense listed in division (A)(3)(b) of this section, or otherwise	38851
has been located, the law enforcement agency involved promptly	38852
shall integrate the fact that the minor no longer is a missing	38853
child into the national crime information center computer and	38854
shall inform any school that was notified under division (D) of	38855
this section that the minor is no longer a missing child.	38856

~~(I) Nothing contained in this section shall be construed to~~	38857
~~impair the confidentiality of services provided to runaway minors~~	38858
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	38859
~~5119.68 of the Revised Code.~~	38860

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	38861
Revised Code:	38862

(A) "Care facility" means any of the following:

38863

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	38864
the Revised Code;	38865

(2) Any "residential facility" as defined in section 5123.19	38866
of the Revised Code;	38867

(3) Any institution or facility operated or provided by the	38868
department of ~~mental health~~mental health and addiction services	38869
or by the department of developmental disabilities pursuant to	38870
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	38871

(4) Any "residential facility" as defined in section ~~5119.22~~	38872
5119.34 of the Revised Code;	38873

(5) Any unit of any hospital, as defined in section 3701.01	38874
of the Revised Code, that provides the same services as a nursing	38875
home, as defined in section 3721.01 of the Revised Code;	38876

(6) Any institution, residence, or facility that provides,	38877
for a period of more than twenty-four hours, whether for a	38878
consideration or not, accommodations to one individual or two	38879
unrelated individuals who are dependent upon the services of	38880
others.	38881

(B) "Abuse" means knowingly causing physical harm or	38882
recklessly causing serious physical harm to a person by physical	38883
contact with the person or by the inappropriate use of a physical	38884
or chemical restraint, medication, or isolation on the person.	38885

(C)(1) "Gross neglect" means knowingly failing to provide a	38886
person with any treatment, care, goods, or service that is	38887
necessary to maintain the health or safety of the person when the	38888
failure results in physical harm or serious physical harm to the	38889
person.	38890

(2) "Neglect" means recklessly failing to provide a person	38891
with any treatment, care, goods, or service that is necessary to	38892
maintain the health or safety of the person when the failure	38893
results in serious physical harm to the person.	38894

(D) "Inappropriate use of a physical or chemical restraint,	38895
medication, or isolation" means the use of physical or chemical	38896
restraint, medication, or isolation as punishment, for staff	38897
convenience, excessively, as a substitute for treatment, or in	38898
quantities that preclude habilitation and treatment.	38899

Sec. 2907.22. (A) No person shall knowingly:

38900

(1) Establish, maintain, operate, manage, supervise, control,	38901
or have an interest in a brothel or any other enterprise a purpose	38902
of which is to facilitate engagement in sexual activity for hire;	38903

(2) Supervise, manage, or control the activities of a	38904
prostitute in engaging in sexual activity for hire;	38905

(3) Transport another, or cause another to be transported	38906
~~across the boundary of this state or of any county in this state~~,	38907
in order to facilitate the other person's engaging in sexual	38908
activity for hire;	38909

(4) For the purpose of violating or facilitating a violation	38910
of this section, induce or procure another to engage in sexual	38911
activity for hire.	38912

(B) Whoever violates this section is guilty of promoting	38913
prostitution. Except as otherwise provided in this division,	38914
promoting prostitution is a felony of the fourth degree. If any	38915
prostitute in the brothel involved in the offense, or the	38916
prostitute whose activities are supervised, managed, or controlled	38917
by the offender, or the person transported, induced, or procured	38918
by the offender to engage in sexual activity for hire, is a minor,	38919
whether or not the offender knows the age of the minor, then	38920
promoting prostitution is a felony of the third degree. If the	38921
offender in any case also is convicted of or pleads guilty to a	38922
specification as described in section 2941.1422 of the Revised	38923
Code that was included in the indictment, count in the indictment,	38924
or information charging the offense, the court shall sentence the	38925
offender to a mandatory prison term as provided in division (B)(7)	38926
of section 2929.14 of the Revised Code and shall order the	38927
offender to make restitution as provided in division (B)(8) of	38928
section 2929.18 of the Revised Code.	38929

Sec. 2913.01. As used in this chapter, unless the context	38930
requires that a term be given a different meaning:	38931

(A) "Deception" means knowingly deceiving another or causing	38932
another to be deceived by any false or misleading representation,	38933
by withholding information, by preventing another from acquiring	38934
information, or by any other conduct, act, or omission that	38935
creates, confirms, or perpetuates a false impression in another,	38936
including a false impression as to law, value, state of mind, or	38937
other objective or subjective fact.	38938

(B) "Defraud" means to knowingly obtain, by deception, some	38939
benefit for oneself or another, or to knowingly cause, by	38940
deception, some detriment to another.	38941

38942

(1) Withhold property of another permanently, or for a period	38943
that appropriates a substantial portion of its value or use, or	38944
with purpose to restore it only upon payment of a reward or other	38945
consideration;	38946

(2) Dispose of property so as to make it unlikely that the	38947
owner will recover it;	38948

(3) Accept, use, or appropriate money, property, or services,	38949
with purpose not to give proper consideration in return for the	38950
money, property, or services, and without reasonable justification	38951
or excuse for not giving proper consideration.	38952

(D) "Owner" means, unless the context requires a different	38953
meaning, any person, other than the actor, who is the owner of,	38954
who has possession or control of, or who has any license or	38955
interest in property or services, even though the ownership,	38956
possession, control, license, or interest is unlawful.	38957

(E) "Services" include labor, personal services, professional	38958
services, rental services, public utility services including	38959
wireless service as defined in division (F)(1) of section ~~5507.01~~	38960
128.01 of the Revised Code, common carrier services, and food,	38961
drink, transportation, entertainment, and cable television	38962
services and, for purposes of section 2913.04 of the Revised Code,	38963
include cable services as defined in that section.	38964

(F) "Writing" means any computer software, document, letter,	38965
memorandum, note, paper, plate, data, film, or other thing having	38966
in or upon it any written, typewritten, or printed matter, and any	38967
token, stamp, seal, credit card, badge, trademark, label, or other	38968
symbol of value, right, privilege, license, or identification.	38969

(G) "Forge" means to fabricate or create, in whole or in part	38970
and by any means, any spurious writing, or to make, execute,	38971
alter, complete, reproduce, or otherwise purport to authenticate	38972
any writing, when the writing in fact is not authenticated by that	38973
conduct.	38974

(H) "Utter" means to issue, publish, transfer, use, put or	38975
send into circulation, deliver, or display.	38976

(I) "Coin machine" means any mechanical or electronic device	38977
designed to do both of the following:	38978

(1) Receive a coin, bill, or token made for that purpose;

38979

(2) In return for the insertion or deposit of a coin, bill,	38980
or token, automatically dispense property, provide a service, or	38981
grant a license.	38982

(J) "Slug" means an object that, by virtue of its size,	38983
shape, composition, or other quality, is capable of being inserted	38984
or deposited in a coin machine as an improper substitute for a	38985
genuine coin, bill, or token made for that purpose.	38986

(K) "Theft offense" means any of the following:

38987

(1) A violation of section 2911.01, 2911.02, 2911.11,	38988
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	38989
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	38990
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	38991
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	38992
2913.51, 2915.05, or 2921.41 of the Revised Code;	38993

(2) A violation of an existing or former municipal ordinance	38994
or law of this or any other state, or of the United States,	38995
substantially equivalent to any section listed in division (K)(1)	38996
of this section or a violation of section 2913.41, 2913.81, or	38997
2915.06 of the Revised Code as it existed prior to July 1, 1996;	38998

(3) An offense under an existing or former municipal	38999
ordinance or law of this or any other state, or of the United	39000
States, involving robbery, burglary, breaking and entering, theft,	39001
embezzlement, wrongful conversion, forgery, counterfeiting,	39002
deceit, or fraud;	39003

(4) A conspiracy or attempt to commit, or complicity in	39004
committing, any offense under division (K)(1), (2), or (3) of this	39005
section.	39006

(L) "Computer services" includes, but is not limited to, the	39007
use of a computer system, computer network, computer program, data	39008
that is prepared for computer use, or data that is contained	39009
within a computer system or computer network.	39010

(M) "Computer" means an electronic device that performs	39011
logical, arithmetic, and memory functions by the manipulation of	39012
electronic or magnetic impulses. "Computer" includes, but is not	39013
limited to, all input, output, processing, storage, computer	39014
program, or communication facilities that are connected, or	39015
related, in a computer system or network to an electronic device	39016
of that nature.	39017

(N) "Computer system" means a computer and related devices,	39018
whether connected or unconnected, including, but not limited to,	39019
data input, output, and storage devices, data communications	39020
links, and computer programs and data that make the system capable	39021
of performing specified special purpose data processing tasks.	39022

(O) "Computer network" means a set of related and remotely	39023
connected computers and communication facilities that includes	39024
more than one computer system that has the capability to transmit	39025
among the connected computers and communication facilities through	39026
the use of computer facilities.	39027

(P) "Computer program" means an ordered set of data	39028
representing coded instructions or statements that, when executed	39029
by a computer, cause the computer to process data.	39030

(Q) "Computer software" means computer programs, procedures,	39031
and other documentation associated with the operation of a	39032
computer system.	39033

(R) "Data" means a representation of information, knowledge,	39034
facts, concepts, or instructions that are being or have been	39035
prepared in a formalized manner and that are intended for use in a	39036
computer, computer system, or computer network. For purposes of	39037
section 2913.47 of the Revised Code, "data" has the additional	39038
meaning set forth in division (A) of that section.	39039

(S) "Cable television service" means any services provided by	39040
or through the facilities of any cable television system or other	39041
similar closed circuit coaxial cable communications system, or any	39042
microwave or similar transmission service used in connection with	39043
any cable television system or other similar closed circuit	39044
coaxial cable communications system.	39045

(T) "Gain access" means to approach, instruct, communicate	39046
with, store data in, retrieve data from, or otherwise make use of	39047
any resources of a computer, computer system, or computer network,	39048
or any cable service or cable system both as defined in section	39049
2913.04 of the Revised Code.	39050

(U) "Credit card" includes, but is not limited to, a card,	39051
code, device, or other means of access to a customer's account for	39052
the purpose of obtaining money, property, labor, or services on	39053
credit, or for initiating an electronic fund transfer at a	39054
point-of-sale terminal, an automated teller machine, or a cash	39055
dispensing machine. It also includes a county procurement card	39056
issued under section 301.29 of the Revised Code.	39057

(V) "Electronic fund transfer" has the same meaning as in 92	39058
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	39059

(W) "Rented property" means personal property in which the	39060
right of possession and use of the property is for a short and	39061
possibly indeterminate term in return for consideration; the	39062
rentee generally controls the duration of possession of the	39063
property, within any applicable minimum or maximum term; and the	39064
amount of consideration generally is determined by the duration of	39065
possession of the property.	39066

(X) "Telecommunication" means the origination, emission,	39067
dissemination, transmission, or reception of data, images,	39068
signals, sounds, or other intelligence or equivalence of	39069
intelligence of any nature over any communications system by any	39070
method, including, but not limited to, a fiber optic, electronic,	39071
magnetic, optical, digital, or analog method.	39072

(Y) "Telecommunications device" means any instrument,	39073
equipment, machine, or other device that facilitates	39074
telecommunication, including, but not limited to, a computer,	39075
computer network, computer chip, computer circuit, scanner,	39076
telephone, cellular telephone, pager, personal communications	39077
device, transponder, receiver, radio, modem, or device that	39078
enables the use of a modem.	39079

(Z) "Telecommunications service" means the providing,	39080
allowing, facilitating, or generating of any form of	39081
telecommunication through the use of a telecommunications device	39082
over a telecommunications system.	39083

(AA) "Counterfeit telecommunications device" means a	39084
telecommunications device that, alone or with another	39085
telecommunications device, has been altered, constructed,	39086
manufactured, or programmed to acquire, intercept, receive, or	39087
otherwise facilitate the use of a telecommunications service or	39088
information service without the authority or consent of the	39089
provider of the telecommunications service or information service.	39090
"Counterfeit telecommunications device" includes, but is not	39091
limited to, a clone telephone, clone microchip, tumbler telephone,	39092
or tumbler microchip; a wireless scanning device capable of	39093
acquiring, intercepting, receiving, or otherwise facilitating the	39094
use of telecommunications service or information service without	39095
immediate detection; or a device, equipment, hardware, or software	39096
designed for, or capable of, altering or changing the electronic	39097
serial number in a wireless telephone.	39098

(BB)(1) "Information service" means, subject to division	39099
(BB)(2) of this section, the offering of a capability for	39100
generating, acquiring, storing, transforming, processing,	39101
retrieving, utilizing, or making available information via	39102
telecommunications, including, but not limited to, electronic	39103
publishing.	39104

(2) "Information service" does not include any use of a	39105
capability of a type described in division (BB)(1) of this section	39106
for the management, control, or operation of a telecommunications	39107
system or the management of a telecommunications service.	39108

(CC) "Elderly person" means a person who is sixty-five years	39109
of age or older.	39110

(DD) "Disabled adult" means a person who is eighteen years of	39111
age or older and has some impairment of body or mind that makes	39112
the person unable to work at any substantially remunerative	39113
employment that the person otherwise would be able to perform and	39114
that will, with reasonable probability, continue for a period of	39115
at least twelve months without any present indication of recovery	39116
from the impairment, or who is eighteen years of age or older and	39117
has been certified as permanently and totally disabled by an	39118
agency of this state or the United States that has the function of	39119
so classifying persons.	39120

(EE) "Firearm" and "dangerous ordnance" have the same	39121
meanings as in section 2923.11 of the Revised Code.	39122

(FF) "Motor vehicle" has the same meaning as in section	39123
4501.01 of the Revised Code.	39124

(GG) "Dangerous drug" has the same meaning as in section	39125
4729.01 of the Revised Code.	39126

(HH) "Drug abuse offense" has the same meaning as in section	39127
2925.01 of the Revised Code.	39128

(II)(1) "Computer hacking" means any of the following:

39129

(a) Gaining access or attempting to gain access to all or	39130
part of a computer, computer system, or a computer network without	39131
express or implied authorization with the intent to defraud or	39132
with intent to commit a crime;	39133

(b) Misusing computer or network services including, but not	39134
limited to, mail transfer programs, file transfer programs, proxy	39135
servers, and web servers by performing functions not authorized by	39136
the owner of the computer, computer system, or computer network or	39137
other person authorized to give consent. As used in this division,	39138
"misuse of computer and network services" includes, but is not	39139
limited to, the unauthorized use of any of the following:	39140

(i) Mail transfer programs to send mail to persons other than	39141
the authorized users of that computer or computer network;	39142

(ii) File transfer program proxy services or proxy servers to	39143
access other computers, computer systems, or computer networks;	39144

(iii) Web servers to redirect users to other web pages or web	39145
servers.	39146

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	39147
using a group of computer programs commonly known as "port	39148
scanners" or "probes" to intentionally access any computer,	39149
computer system, or computer network without the permission of the	39150
owner of the computer, computer system, or computer network or	39151
other person authorized to give consent. The group of computer	39152
programs referred to in this division includes, but is not limited	39153
to, those computer programs that use a computer network to access	39154
a computer, computer system, or another computer network to	39155
determine any of the following: the presence or types of computers	39156
or computer systems on a network; the computer network's	39157
facilities and capabilities; the availability of computer or	39158
network services; the presence or versions of computer software	39159
including, but not limited to, operating systems, computer	39160
services, or computer contaminants; the presence of a known	39161
computer software deficiency that can be used to gain unauthorized	39162
access to a computer, computer system, or computer network; or any	39163
other information about a computer, computer system, or computer	39164
network not necessary for the normal and lawful operation of the	39165
computer initiating the access.	39166

(ii) The group of computer programs referred to in division	39167
(II)(1)(c)(i) of this section does not include standard computer	39168
software used for the normal operation, administration,	39169
management, and test of a computer, computer system, or computer	39170
network including, but not limited to, domain name services, mail	39171
transfer services, and other operating system services, computer	39172
programs commonly called "ping," "tcpdump," and "traceroute" and	39173
other network monitoring and management computer software, and	39174
computer programs commonly known as "nslookup" and "whois" and	39175
other systems administration computer software.	39176

(d) The intentional use of a computer, computer system, or a	39177
computer network in a manner that exceeds any right or permission	39178
granted by the owner of the computer, computer system, or computer	39179
network or other person authorized to give consent.	39180

(2) "Computer hacking" does not include the introduction of a	39181
computer contaminant, as defined in section 2909.01 of the Revised	39182
Code, into a computer, computer system, computer program, or	39183
computer network.	39184

(JJ) "Police dog or horse" has the same meaning as in section	39185
2921.321 of the Revised Code.	39186

(KK) "Anhydrous ammonia" is a compound formed by the	39187
combination of two gaseous elements, nitrogen and hydrogen, in the	39188
manner described in this division. Anhydrous ammonia is one part	39189
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	39190
weight is fourteen parts nitrogen to three parts hydrogen, which	39191
is approximately eighty-two per cent nitrogen to eighteen per cent	39192
hydrogen.	39193

(LL) "Assistance dog" has the same meaning as in section	39194
955.011 of the Revised Code.	39195

(MM) "Federally licensed firearms dealer" has the same	39196
meaning as in section 5502.63 of the Revised Code.	39197

Sec. 2913.40. (A) As used in this section:

39198

(1) "Statement or representation" means any oral, written,	39199
electronic, electronic impulse, or magnetic communication that is	39200
used to identify an item of goods or a service for which	39201
reimbursement may be made under the ~~medical assistance~~medicaid	39202
program or that states income and expense and is or may be used to	39203
determine a rate of reimbursement under the ~~medical assistance~~	39204
medicaid program.	39205

(2) ~~"Medical assistance program" means the program~~	39206
~~established by the department of job and family services to~~	39207
~~provide medical assistance under section 5111.01 of the Revised~~	39208
~~Code and the medicaid program of Title XIX of the "Social Security~~	39209
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	39210

~~(3)~~ "Provider" means any person who has signed a provider	39211
agreement with the department of ~~job and family services~~medicaid	39212
to provide goods or services pursuant to the ~~medical assistance~~	39213
medicaid program or any person who has signed an agreement with a	39214
party to such a provider agreement under which the person agrees	39215
to provide goods or services that are reimbursable under the	39216
~~medical assistance~~medicaid program.	39217

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	39218
~~agreement between the department of job and family services and a~~	39219
~~person in which the person agrees to provide goods or services~~	39220
~~under the medical assistance program~~has the same meaning as in	39221
section 5164.01 of the Revised Code.	39222

~~(5)~~(4) "Recipient" means any individual who receives goods or	39223
services from a provider under the ~~medical assistance~~medicaid	39224
program.	39225

~~(6)~~(5) "Records" means any medical, professional, financial,	39226
or business records relating to the treatment or care of any	39227
recipient, to goods or services provided to any recipient, or to	39228
rates paid for goods or services provided to any recipient and any	39229
records that are required by the rules of the medicaid director of	39230
~~job and family services~~ to be kept for the ~~medical assistance~~	39231
medicaid program.	39232

(B) No person shall knowingly make or cause to be made a	39233
false or misleading statement or representation for use in	39234
obtaining reimbursement from the ~~medical assistance~~medicaid	39235
program.	39236

(C) No person, with purpose to commit fraud or knowing that	39237
the person is facilitating a fraud, shall do either of the	39238
following:	39239

(1) Contrary to the terms of the person's provider agreement,	39240
charge, solicit, accept, or receive for goods or services that the	39241
person provides under the ~~medical assistance~~medicaid program any	39242
property, money, or other consideration in addition to the amount	39243
of reimbursement under the ~~medical assistance~~medicaid program and	39244
the person's provider agreement for the goods or services and any	39245
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	39246
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	39247
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	39248
regarding the medicaid program.	39249

(2) Solicit, offer, or receive any remuneration, other than	39250
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	39251
of the Revised Code or rules adopted ~~under section 5111.01,~~	39252
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	39253
regarding the medicaid program, in cash or in kind, including, but	39254
not limited to, a kickback or rebate, in connection with the	39255
furnishing of goods or services for which whole or partial	39256
reimbursement is or may be made under the ~~medical assistance~~	39257
medicaid program.	39258

(D) No person, having submitted a claim for or provided goods	39259
or services under the ~~medical assistance~~medicaid program, shall	39260
do either of the following for a period of at least six years	39261
after a reimbursement pursuant to that claim, or a reimbursement	39262
for those goods or services, is received under the ~~medical~~	39263
~~assistance~~medicaid program:	39264

(1) Knowingly alter, falsify, destroy, conceal, or remove any	39265
records that are necessary to fully disclose the nature of all	39266
goods or services for which the claim was submitted, or for which	39267
reimbursement was received, by the person;	39268

(2) Knowingly alter, falsify, destroy, conceal, or remove any	39269
records that are necessary to disclose fully all income and	39270
expenditures upon which rates of reimbursements were based for the	39271
person.	39272

(E) Whoever violates this section is guilty of medicaid	39273
fraud. Except as otherwise provided in this division, medicaid	39274
fraud is a misdemeanor of the first degree. If the value of	39275
property, services, or funds obtained in violation of this section	39276
is one thousand dollars or more and is less than seven thousand	39277
five hundred dollars, medicaid fraud is a felony of the fifth	39278
degree. If the value of property, services, or funds obtained in	39279
violation of this section is seven thousand five hundred dollars	39280
or more and is less than one hundred fifty thousand dollars,	39281
medicaid fraud is a felony of the fourth degree. If the value of	39282
the property, services, or funds obtained in violation of this	39283
section is one hundred fifty thousand dollars or more, medicaid	39284
fraud is a felony of the third degree.	39285

(F) Upon application of the governmental agency, office, or	39286
other entity that conducted the investigation and prosecution in a	39287
case under this section, the court shall order any person who is	39288
convicted of a violation of this section for receiving any	39289
reimbursement for furnishing goods or services under the ~~medical~~	39290
~~assistance~~medicaid program to which the person is not entitled to	39291
pay to the applicant its cost of investigating and prosecuting	39292
the case. The costs of investigation and prosecution that a	39293
defendant is ordered to pay pursuant to this division shall be in	39294
addition to any other penalties for the receipt of that	39295
reimbursement that are provided in this section, section ~~5111.03~~	39296
5164.35 of the Revised Code, or any other provision of law.	39297

(G) The provisions of this section are not intended to be	39298
exclusive remedies and do not preclude the use of any other	39299
criminal or civil remedy for any act that is in violation of this	39300
section.	39301

Sec. 2913.401. (A) As used in this section:

39302

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	39303
~~medical assistance program established under Chapter 5111.~~has the	39304
same meaning as in section 5164.01 of the Revised Code.	39305

(2) "Property" means any real or personal property or other	39306
asset in which a person has any legal title or interest.	39307

(B) No person shall knowingly do any of the following in an	39308
application for enrollment in the medicaid ~~benefits~~program or in	39309
a document that requires a disclosure of assets for the purpose of	39310
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	39311
program:	39312

(1) Make or cause to be made a false or misleading statement;

39313

(2) Conceal an interest in property;

39314

(3)(a) Except as provided in division (B)(3)(b) of this	39315
section, fail to disclose a transfer of property that occurred	39316
during the period beginning thirty-six months before submission of	39317
the application or document and ending on the date the application	39318
or document was submitted;	39319

(b) Fail to disclose a transfer of property that occurred	39320
during the period beginning sixty months before submission of the	39321
application or document and ending on the date the application or	39322
document was submitted and that was made to an irrevocable trust a	39323
portion of which is not distributable to the applicant for	39324
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	39325
revocable trust.	39326

(C)(1) Whoever violates this section is guilty of medicaid	39327
eligibility fraud. Except as otherwise provided in this division,	39328
a violation of this section is a misdemeanor of the first degree.	39329
If the value of the medicaid ~~benefits~~services paid as a result of	39330
the violation is one thousand dollars or more and is less than	39331
seven thousand five hundred dollars, a violation of this section	39332
is a felony of the fifth degree. If the value of the medicaid	39333
~~benefits~~services paid as a result of the violation is seven	39334
thousand five hundred dollars or more and is less than one hundred	39335
fifty thousand dollars, a violation of this section is a felony of	39336
the fourth degree. If the value of the medicaid ~~benefits~~services	39337
paid as a result of the violation is one hundred fifty thousand	39338
dollars or more, a violation of this section is a felony of the	39339
third degree.	39340

(2) In addition to imposing a sentence under division (C)(1)	39341
of this section, the court shall order that a person who is guilty	39342
of medicaid eligibility fraud make restitution in the full amount	39343
of any medicaid ~~benefits~~services paid on behalf of an applicant	39344
for or recipient of medicaid ~~benefits~~ for which the applicant or	39345
recipient was not eligible, plus interest at the rate applicable	39346
to judgments on unreimbursed amounts from the date on which the	39347
~~benefits~~medicaid services were paid to the date on which	39348
restitution is made.	39349

(3) The remedies and penalties provided in this section are	39350
not exclusive and do not preclude the use of any other criminal or	39351
civil remedy for any act that is in violation of this section.	39352

(D) This section does not apply to a person who fully	39353
disclosed in an application for medicaid ~~benefits~~ or in a document	39354
that requires a disclosure of assets for the purpose of	39355
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	39356
the interests in property of the applicant for or recipient of	39357
medicaid ~~benefits~~, all transfers of property by the applicant for	39358
or recipient of medicaid ~~benefits~~, and the circumstances of all	39359
those transfers.	39360

(E) Any amounts of medicaid ~~benefits~~services recovered as	39361
restitution under this section and any interest on those amounts	39362
shall be credited to the general revenue fund, and any applicable	39363
federal share shall be returned to the appropriate agency or	39364
department of the United States.	39365

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	39366
violation of section 2919.27 of the Revised Code or of a municipal	39367
ordinance that is substantially similar to that section, the court	39368
may order an evaluation of the mental condition of the defendant	39369
if the court determines that either of the following criteria	39370
apply:	39371

(i) If the alleged violation is a violation of a protection	39372
order issued or consent agreement approved pursuant to section	39373
2919.26 or 3113.31 of the Revised Code, that the violation	39374
allegedly involves conduct by the defendant that caused physical	39375
harm to the person or property of a family or household member	39376
covered by the order or agreement, or conduct by the defendant	39377
that caused a family or household member to believe that the	39378
defendant would cause physical harm to that member or that	39379
member's property.	39380

(ii) If the alleged violation is a violation of a protection	39381
order issued pursuant to section 2903.213 or 2903.214 of the	39382
Revised Code or a protection order issued by a court of another	39383
state, that the violation allegedly involves conduct by the	39384
defendant that caused physical harm to the person or property of	39385
the person covered by the order, or conduct by the defendant that	39386
caused the person covered by the order to believe that the	39387
defendant would cause physical harm to that person or that	39388
person's property.	39389

(b) If a defendant is charged with a violation of section	39390
2903.211 of the Revised Code or of a municipal ordinance that is	39391
substantially similar to that section, the court may order an	39392
evaluation of the mental condition of the defendant.	39393

(2) An evaluation ordered under division (A)(1) of this	39394
section shall be completed no later than thirty days from the date	39395
the order is entered pursuant to that division. In that order, the	39396
court shall do either of the following:	39397

(a) Order that the evaluation of the mental condition of the	39398
defendant be preceded by an examination conducted either by a	39399
forensic center that is designated by the department of ~~mental~~	39400
~~health~~mental health and addiction services to conduct	39401
examinations and make evaluations of defendants charged with	39402
violations of section 2903.211 or 2919.27 of the Revised Code or	39403
of substantially similar municipal ordinances in the area in which	39404
the court is located, or by any other program or facility that is	39405
designated by the department of ~~mental health~~mental health and	39406
addiction services or the department of developmental disabilities	39407
to conduct examinations and make evaluations of defendants charged	39408
with violations of section 2903.211 or 2919.27 of the Revised Code	39409
or of substantially similar municipal ordinances, and that is	39410
operated by either department or is certified by either department	39411
as being in compliance with the standards established under	39412
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	39413
or division (C) of section 5123.04 of the Revised Code.	39414

(b) Designate a center, program, or facility other than one	39415
designated by the department of ~~mental health~~mental health and	39416
addiction services or the department of developmental	39417
disabilities, as described in division (A)(2)(a) of this section,	39418
to conduct the evaluation and preceding examination of the mental	39419
condition of the defendant.	39420

Whether the court acts pursuant to division (A)(2)(a) or (b)	39421
of this section, the court may designate examiners other than the	39422
personnel of the center, program, facility, or department involved	39423
to make the evaluation and preceding examination of the mental	39424
condition of the defendant.	39425

(B) If the court considers that additional evaluations of the	39426
mental condition of a defendant are necessary following the	39427
evaluation authorized by division (A) of this section, the court	39428
may order up to two additional similar evaluations. These	39429
evaluations shall be completed no later than thirty days from the	39430
date the applicable court order is entered. If more than one	39431
evaluation of the mental condition of the defendant is ordered	39432
under this division, the prosecutor and the defendant may	39433
recommend to the court an examiner whom each prefers to perform	39434
one of the evaluations and preceding examinations.	39435

(C)(1) The court may order a defendant who has been released	39436
on bail to submit to an examination under division (A) or (B) of	39437
this section. The examination shall be conducted either at the	39438
detention facility in which the defendant would have been confined	39439
if the defendant had not been released on bail, or, if so	39440
specified by the center, program, facility, or examiners involved,	39441
at the premises of the center, program, or facility. Additionally,	39442
the examination shall be conducted at the times established by the	39443
examiners involved. If such a defendant refuses to submit to an	39444
examination or a complete examination as required by the court or	39445
the center, program, facility, or examiners involved, the court	39446
may amend the conditions of the bail of the defendant and order	39447
the sheriff to take the defendant into custody and deliver the	39448
defendant to the detention facility in which the defendant would	39449
have been confined if the defendant had not been released on bail,	39450
or, if so specified by the center, program, facility, or examiners	39451
involved, to the premises of the center, program, or facility, for	39452
purposes of the examination.	39453

(2) A defendant who has not been released on bail shall be	39454
examined at the detention facility in which the defendant is	39455
confined or, if so specified by the center, program, facility, or	39456
examiners involved, at the premises of the center, program, or	39457
facility.	39458

(D) The examiner of the mental condition of a defendant under	39459
division (A) or (B) of this section shall file a written report	39460
with the court within thirty days after the entry of an order for	39461
the evaluation of the mental condition of the defendant. The	39462
report shall contain the findings of the examiner; the facts in	39463
reasonable detail on which the findings are based; the opinion of	39464
the examiner as to the mental condition of the defendant; the	39465
opinion of the examiner as to whether the defendant represents a	39466
substantial risk of physical harm to other persons as manifested	39467
by evidence of recent homicidal or other violent behavior,	39468
evidence of recent threats that placed other persons in reasonable	39469
fear of violent behavior and serious physical harm, or evidence of	39470
present dangerousness; and the opinion of the examiner as to the	39471
types of treatment or counseling that the defendant needs. The	39472
court shall provide copies of the report to the prosecutor and	39473
defense counsel.	39474

(E) The costs of any evaluation and preceding examination of	39475
a defendant that is ordered pursuant to division (A) or (B) of	39476
this section shall be taxed as court costs in the criminal case.	39477

(F) If the examiner considers it necessary in order to make	39478
an accurate evaluation of the mental condition of a defendant, an	39479
examiner under division (A) or (B) of this section may request any	39480
family or household member of the defendant to provide the	39481
examiner with information. A family or household member may, but	39482
is not required to, provide information to the examiner upon	39483
receipt of the request.	39484

(G) As used in this section:

39485

(1) "Bail" includes a recognizance.

39486

(2) "Examiner" means a psychiatrist, a licensed independent	39487
social worker who is employed by a forensic center that is	39488
certified as being in compliance with the standards established	39489
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	39490
(C) of section 5123.04 of the Revised Code, a licensed	39491
professional clinical counselor who is employed at a forensic	39492
center that is certified as being in compliance with such	39493
standards, or a licensed clinical psychologist, except that in	39494
order to be an examiner, a licensed clinical psychologist shall	39495
meet the criteria of division (I)(1) of section 5122.01 of the	39496
Revised Code or be employed to conduct examinations by the	39497
department of ~~mental health~~mental health and addiction services	39498
or by a forensic center certified as being in compliance with the	39499
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	39500
5119.10 or division (C) of section 5123.04 of the Revised Code	39501
that is designated by the department of ~~mental health~~mental	39502
health and addiction services.	39503

(3) "Family or household member" has the same meaning as in	39504
section 2919.25 of the Revised Code.	39505

(4) "Prosecutor" has the same meaning as in section 2935.01	39506
of the Revised Code.	39507

(5) "Psychiatrist" and "licensed clinical psychologist" have	39508
the same meanings as in section 5122.01 of the Revised Code.	39509

(6) "Protection order issued by a court of another state" has	39510
the same meaning as in section 2919.27 of the Revised Code.	39511

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	39512
Revised Code:	39513

(A) "Public official" means any elected or appointed officer,	39514
or employee, or agent of the state or any political subdivision,	39515
whether in a temporary or permanent capacity, and includes, but is	39516
not limited to, legislators, judges, and law enforcement officers.	39517
"Public official" does not include an employee, officer, or	39518
governor-appointed member of the board of directors of the	39519
nonprofit corporation formed under section 187.01 of the Revised	39520
Code.	39521

(B) "Public servant" means any of the following:

39522

(1) Any public official;

39523

(2) Any person performing ad hoc a governmental function,	39524
including, but not limited to, a juror, member of a temporary	39525
commission, master, arbitrator, advisor, or consultant;	39526

(3) A person who is a candidate for public office, whether or	39527
not the person is elected or appointed to the office for which the	39528
person is a candidate. A person is a candidate for purposes of	39529
this division if the person has been nominated according to law	39530
for election or appointment to public office, or if the person has	39531
filed a petition or petitions as required by law to have the	39532
person's name placed on the ballot in a primary, general, or	39533
special election, or if the person campaigns as a write-in	39534
candidate in any primary, general, or special election.	39535

"Public servant" does not include an employee, officer, or	39536
governor-appointed member of the board of directors of the	39537
nonprofit corporation formed under section 187.01 of the Revised	39538
Code.	39539

(C) "Party official" means any person who holds an elective	39540
or appointive post in a political party in the United States or	39541
this state, by virtue of which the person directs, conducts, or	39542
participates in directing or conducting party affairs at any level	39543
of responsibility.	39544

(D) "Official proceeding" means any proceeding before a	39545
legislative, judicial, administrative, or other governmental	39546
agency or official authorized to take evidence under oath, and	39547
includes any proceeding before a referee, hearing examiner,	39548
commissioner, notary, or other person taking testimony or a	39549
deposition in connection with an official proceeding.	39550

(E) "Detention" means arrest; confinement in any vehicle	39551
subsequent to an arrest; confinement in any public or private	39552
facility for custody of persons charged with or convicted of crime	39553
in this state or another state or under the laws of the United	39554
States or alleged or found to be a delinquent child or unruly	39555
child in this state or another state or under the laws of the	39556
United States; hospitalization, institutionalization, or	39557
confinement in any public or private facility that is ordered	39558
pursuant to or under the authority of section 2945.37, 2945.371,	39559
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	39560
Code; confinement in any vehicle for transportation to or from any	39561
facility of any of those natures; detention for extradition or	39562
deportation; except as provided in this division, supervision by	39563
any employee of any facility of any of those natures that is	39564
incidental to hospitalization, institutionalization, or	39565
confinement in the facility but that occurs outside the facility;	39566
supervision by an employee of the department of rehabilitation and	39567
correction of a person on any type of release from a state	39568
correctional institution; or confinement in any vehicle, airplane,	39569
or place while being returned from outside of this state into this	39570
state by a private person or entity pursuant to a contract entered	39571
into under division (E) of section 311.29 of the Revised Code or	39572
division (B) of section 5149.03 of the Revised Code. For a person	39573
confined in a county jail who participates in a county jail	39574
industry program pursuant to section 5147.30 of the Revised Code,	39575
"detention" includes time spent at an assigned work site and going	39576
to and from the work site.	39577

(F) "Detention facility" means any public or private place	39578
used for the confinement of a person charged with or convicted of	39579
any crime in this state or another state or under the laws of the	39580
United States or alleged or found to be a delinquent child or	39581
unruly child in this state or another state or under the laws of	39582
the United States.	39583

(G) "Valuable thing or valuable benefit" includes, but is not	39584
limited to, a contribution. This inclusion does not indicate or	39585
imply that a contribution was not included in those terms before	39586
September 17, 1986.	39587

(H) "Campaign committee," "contribution," "political action	39588
committee," "legislative campaign fund," "political party," and	39589
"political contributing entity" have the same meanings as in	39590
section 3517.01 of the Revised Code.	39591

(I) "Provider agreement" ~~and "medical assistance program"~~	39592
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	39593
of the Revised Code.	39594

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	39595
of this section, no person, knowing that a felony has been or is	39596
being committed, shall knowingly fail to report such information	39597
to law enforcement authorities.	39598

(2) No person, knowing that a violation of division (B) of	39599
section 2913.04 of the Revised Code has been, or is being	39600
committed or that the person has received information derived from	39601
such a violation, shall knowingly fail to report the violation to	39602
law enforcement authorities.	39603

(B) Except for conditions that are within the scope of	39604
division (E) of this section, no physician, limited practitioner,	39605
nurse, or other person giving aid to a sick or injured person	39606
shall negligently fail to report to law enforcement authorities	39607
any gunshot or stab wound treated or observed by the physician,	39608
limited practitioner, nurse, or person, or any serious physical	39609
harm to persons that the physician, limited practitioner, nurse,	39610
or person knows or has reasonable cause to believe resulted from	39611
an offense of violence.	39612

(C) No person who discovers the body or acquires the first	39613
knowledge of the death of a person shall fail to report the death	39614
immediately to a physician whom the person knows to be treating	39615
the deceased for a condition from which death at such time would	39616
not be unexpected, or to a law enforcement officer, an ambulance	39617
service, an emergency squad, or the coroner in a political	39618
subdivision in which the body is discovered, the death is believed	39619
to have occurred, or knowledge concerning the death is obtained.	39620

(D) No person shall fail to provide upon request of the	39621
person to whom a report required by division (C) of this section	39622
was made, or to any law enforcement officer who has reasonable	39623
cause to assert the authority to investigate the circumstances	39624
surrounding the death, any facts within the person's knowledge	39625
that may have a bearing on the investigation of the death.	39626

(E)(1) As used in this division, "burn injury" means any of	39627
the following:	39628

(a) Second or third degree burns;

39629

(b) Any burns to the upper respiratory tract or laryngeal	39630
edema due to the inhalation of superheated air;	39631

39632

(d) Any physical harm to persons caused by or as the result	39633
of the use of fireworks, novelties and trick noisemakers, and wire	39634
sparklers, as each is defined by section 3743.01 of the Revised	39635
Code.	39636

(2) No physician, nurse, or limited practitioner who, outside	39637
a hospital, sanitarium, or other medical facility, attends or	39638
treats a person who has sustained a burn injury that is inflicted	39639
by an explosion or other incendiary device or that shows evidence	39640
of having been inflicted in a violent, malicious, or criminal	39641
manner shall fail to report the burn injury immediately to the	39642
local arson, or fire and explosion investigation, bureau, if there	39643
is a bureau of this type in the jurisdiction in which the person	39644
is attended or treated, or otherwise to local law enforcement	39645
authorities.	39646

(3) No manager, superintendent, or other person in charge of	39647
a hospital, sanitarium, or other medical facility in which a	39648
person is attended or treated for any burn injury that is	39649
inflicted by an explosion or other incendiary device or that shows	39650
evidence of having been inflicted in a violent, malicious, or	39651
criminal manner shall fail to report the burn injury immediately	39652
to the local arson, or fire and explosion investigation, bureau,	39653
if there is a bureau of this type in the jurisdiction in which the	39654
person is attended or treated, or otherwise to local law	39655
enforcement authorities.	39656

(4) No person who is required to report any burn injury under	39657
division (E)(2) or (3) of this section shall fail to file, within	39658
three working days after attending or treating the victim, a	39659
written report of the burn injury with the office of the state	39660
fire marshal. The report shall comply with the uniform standard	39661
developed by the state fire marshal pursuant to division (A)(15)	39662
of section 3737.22 of the Revised Code.	39663

(5) Anyone participating in the making of reports under	39664
division (E) of this section or anyone participating in a judicial	39665
proceeding resulting from the reports is immune from any civil or	39666
criminal liability that otherwise might be incurred or imposed as	39667
a result of such actions. Notwithstanding section 4731.22 of the	39668
Revised Code, the physician-patient relationship is not a ground	39669
for excluding evidence regarding a person's burn injury or the	39670
cause of the burn injury in any judicial proceeding resulting from	39671
a report submitted under division (E) of this section.	39672

(F)(1) Any doctor of medicine or osteopathic medicine,	39673
hospital intern or resident, registered or licensed practical	39674
nurse, psychologist, social worker, independent social worker,	39675
social work assistant, professional clinical counselor, or	39676
professional counselor who knows or has reasonable cause to	39677
believe that a patient or client has been the victim of domestic	39678
violence, as defined in section 3113.31 of the Revised Code, shall	39679
note that knowledge or belief and the basis for it in the	39680
patient's or client's records.	39681

(2) Notwithstanding section 4731.22 of the Revised Code, the	39682
doctor-patient privilege shall not be a ground for excluding any	39683
information regarding the report containing the knowledge or	39684
belief noted under division (F)(1) of this section, and the	39685
information may be admitted as evidence in accordance with the	39686
Rules of Evidence.	39687

(G) Divisions (A) and (D) of this section do not require	39688
disclosure of information, when any of the following applies:	39689

(1) The information is privileged by reason of the	39690
relationship between attorney and client; doctor and patient;	39691
licensed psychologist or licensed school psychologist and client;	39692
member of the clergy, rabbi, minister, or priest and any person	39693
communicating information confidentially to the member of the	39694
clergy, rabbi, minister, or priest for a religious counseling	39695
purpose of a professional character; husband and wife; or a	39696
communications assistant and those who are a party to a	39697
telecommunications relay service call.	39698

(2) The information would tend to incriminate a member of the	39699
actor's immediate family.	39700

(3) Disclosure of the information would amount to revealing a	39701
news source, privileged under section 2739.04 or 2739.12 of the	39702
Revised Code.	39703

(4) Disclosure of the information would amount to disclosure	39704
by a member of the ordained clergy of an organized religious body	39705
of a confidential communication made to that member of the clergy	39706
in that member's capacity as a member of the clergy by a person	39707
seeking the aid or counsel of that member of the clergy.	39708

(5) Disclosure would amount to revealing information acquired	39709
by the actor in the course of the actor's duties in connection	39710
with a bona fide program of treatment or services for drug	39711
dependent persons or persons in danger of drug dependence, which	39712
program is maintained or conducted by a hospital, clinic, person,	39713
agency, or ~~organization~~services provider certified pursuant to	39714
section ~~3793.06~~5119.36 of the Revised Code.	39715

(6) Disclosure would amount to revealing information acquired	39716
by the actor in the course of the actor's duties in connection	39717
with a bona fide program for providing counseling services to	39718
victims of crimes that are violations of section 2907.02 or	39719
2907.05 of the Revised Code or to victims of felonious sexual	39720
penetration in violation of former section 2907.12 of the Revised	39721
Code. As used in this division, "counseling services" include	39722
services provided in an informal setting by a person who, by	39723
education or experience, is competent to provide those services.	39724

(H) No disclosure of information pursuant to this section	39725
gives rise to any liability or recrimination for a breach of	39726
privilege or confidence.	39727

(I) Whoever violates division (A) or (B) of this section is	39728
guilty of failure to report a crime. Violation of division (A)(1)	39729
of this section is a misdemeanor of the fourth degree. Violation	39730
of division (A)(2) or (B) of this section is a misdemeanor of the	39731
second degree.	39732

(J) Whoever violates division (C) or (D) of this section is	39733
guilty of failure to report knowledge of a death, a misdemeanor of	39734
the fourth degree.	39735

(K)(1) Whoever negligently violates division (E) of this	39736
section is guilty of a minor misdemeanor.	39737

(2) Whoever knowingly violates division (E) of this section	39738
is guilty of a misdemeanor of the second degree.	39739

Sec. 2921.36. (A) No person shall knowingly convey, or	39740
attempt to convey, onto the grounds of a detention facility or of	39741
an institution, office building, or other place that is under the	39742
control of the department of ~~mental health~~mental health and	39743
addiction services, the department of developmental disabilities,	39744
the department of youth services, or the department of	39745
rehabilitation and correction any of the following items:	39746

(1) Any deadly weapon or dangerous ordnance, as defined in	39747
section 2923.11 of the Revised Code, or any part of or ammunition	39748
for use in such a deadly weapon or dangerous ordnance;	39749

(2) Any drug of abuse, as defined in section 3719.011 of the	39750
Revised Code;	39751

(3) Any intoxicating liquor, as defined in section 4301.01 of	39752
the Revised Code.	39753

(B) Division (A) of this section does not apply to any person	39754
who conveys or attempts to convey an item onto the grounds of a	39755
detention facility or of an institution, office building, or other	39756
place under the control of the department of ~~mental health~~mental	39757
health and addiction services, the department of developmental	39758
disabilities, the department of youth services, or the department	39759
of rehabilitation and correction pursuant to the written	39760
authorization of the person in charge of the detention facility or	39761
the institution, office building, or other place and in accordance	39762
with the written rules of the detention facility or the	39763
institution, office building, or other place.	39764

(C) No person shall knowingly deliver, or attempt to deliver,	39765
to any person who is confined in a detention facility, to a child	39766
confined in a youth services facility, to a prisoner who is	39767
temporarily released from confinement for a work assignment, or to	39768
any patient in an institution under the control of the department	39769
of ~~mental health~~mental health and addiction services or the	39770
department of developmental disabilities any item listed in	39771
division (A)(1), (2), or (3) of this section.	39772

(D) No person shall knowingly deliver, or attempt to deliver,	39773
cash to any person who is confined in a detention facility, to a	39774
child confined in a youth services facility, or to a prisoner who	39775
is temporarily released from confinement for a work assignment.	39776

(E) No person shall knowingly deliver, or attempt to deliver,	39777
to any person who is confined in a detention facility, to a child	39778
confined in a youth services facility, or to a prisoner who is	39779
temporarily released from confinement for a work assignment a	39780
cellular telephone, two-way radio, or other electronic	39781
communications device.	39782

(F)(1) It is an affirmative defense to a charge under	39783
division (A)(1) of this section that the weapon or dangerous	39784
ordnance in question was being transported in a motor vehicle for	39785
any lawful purpose, that it was not on the actor's person, and, if	39786
the weapon or dangerous ordnance in question was a firearm, that	39787
it was unloaded and was being carried in a closed package, box, or	39788
case or in a compartment that can be reached only by leaving the	39789
vehicle.	39790

(2) It is an affirmative defense to a charge under division	39791
(C) of this section that the actor was not otherwise prohibited by	39792
law from delivering the item to the confined person, the child,	39793
the prisoner, or the patient and that either of the following	39794
applies:	39795

(a) The actor was permitted by the written rules of the	39796
detention facility or the institution, office building, or other	39797
place to deliver the item to the confined person or the patient.	39798

(b) The actor was given written authorization by the person	39799
in charge of the detention facility or the institution, office	39800
building, or other place to deliver the item to the confined	39801
person or the patient.	39802

(G)(1) Whoever violates division (A)(1) of this section or	39803
commits a violation of division (C) of this section involving an	39804
item listed in division (A)(1) of this section is guilty of	39805
illegal conveyance of weapons onto the grounds of a specified	39806
governmental facility, a felony of the third degree. If the	39807
offender is an officer or employee of the department of	39808
rehabilitation and correction, the court shall impose a mandatory	39809
prison term.	39810

(2) Whoever violates division (A)(2) of this section or	39811
commits a violation of division (C) of this section involving any	39812
drug of abuse is guilty of illegal conveyance of drugs of abuse	39813
onto the grounds of a specified governmental facility, a felony of	39814
the third degree. If the offender is an officer or employee of the	39815
department of rehabilitation and correction or of the department	39816
of youth services, the court shall impose a mandatory prison term.	39817

(3) Whoever violates division (A)(3) of this section or	39818
commits a violation of division (C) of this section involving any	39819
intoxicating liquor is guilty of illegal conveyance of	39820
intoxicating liquor onto the grounds of a specified governmental	39821
facility, a misdemeanor of the second degree.	39822

(4) Whoever violates division (D) of this section is guilty	39823
of illegal conveyance of cash onto the grounds of a detention	39824
facility, a misdemeanor of the first degree. If the offender	39825
previously has been convicted of or pleaded guilty to a violation	39826
of division (D) of this section, illegal conveyance of cash onto	39827
the grounds of a detention facility is a felony of the fifth	39828
degree.	39829

(5) Whoever violates division (E) of this section is guilty	39830
of illegal conveyance of a communications device onto the grounds	39831
of a specified governmental facility, a misdemeanor of the first	39832
degree, or if the offender previously has been convicted of or	39833
pleaded guilty to a violation of division (E) of this section, a	39834
felony of the fifth degree.	39835

Sec. 2921.38. (A) No person who is confined in a detention	39836
facility, with intent to harass, annoy, threaten, or alarm another	39837
person, shall cause or attempt to cause the other person to come	39838
into contact with blood, semen, urine, feces, or another bodily	39839
substance by throwing the bodily substance at the other person, by	39840
expelling the bodily substance upon the other person, or in any	39841
other manner.	39842

(B) No person, with intent to harass, annoy, threaten, or	39843
alarm a law enforcement officer, shall cause or attempt to cause	39844
the law enforcement officer to come into contact with blood,	39845
semen, urine, feces, or another bodily substance by throwing the	39846
bodily substance at the law enforcement officer, by expelling the	39847
bodily substance upon the law enforcement officer, or in any other	39848
manner.	39849

(C) No person, with knowledge that the person is a carrier of	39850
the virus that causes acquired immunodeficiency syndrome, is a	39851
carrier of a hepatitis virus, or is infected with tuberculosis and	39852
with intent to harass, annoy, threaten, or alarm another person,	39853
shall cause or attempt to cause the other person to come into	39854
contact with blood, semen, urine, feces, or another bodily	39855
substance by throwing the bodily substance at the other person, by	39856
expelling the bodily substance upon the other person, or in any	39857
other manner.	39858

(D) Whoever violates this section is guilty of harassment	39859
with a bodily substance. A violation of division (A) or (B) of	39860
this section is a felony of the fifth degree. A violation of	39861
division (C) of this section is a felony of the third degree.	39862

(E)(1) The court, on request of the prosecutor, or the law	39863
enforcement authority responsible for the investigation of the	39864
violation, shall cause a person who allegedly has committed a	39865
violation of this section to submit to one or more appropriate	39866
tests to determine if the person is a carrier of the virus that	39867
causes acquired immunodeficiency syndrome, is a carrier of a	39868
hepatitis virus, or is infected with tuberculosis.	39869

(2) The court shall charge the offender with the costs of the	39870
test or tests ordered under division (E)(1) of this section unless	39871
the court determines that the accused is unable to pay, in which	39872
case the costs shall be charged to the entity that operates the	39873
detention facility in which the alleged offense occurred.	39874

(F) This section does not apply to a person who is	39875
hospitalized, institutionalized, or confined in a facility	39876
operated by the department of ~~mental health~~mental health and	39877
addiction services or the department of developmental	39878
disabilities.	39879

Sec. 2923.126. (A) A concealed handgun license that is	39880
issued under section 2923.125 of the Revised Code shall expire	39881
five years after the date of issuance. A licensee who has been	39882
issued a license under that section shall be granted a grace	39883
period of thirty days after the licensee's license expires during	39884
which the licensee's license remains valid. Except as provided in	39885
divisions (B) and (C) of this section, a licensee who has been	39886
issued a concealed handgun license under section 2923.125 or	39887
2923.1213 of the Revised Code may carry a concealed handgun	39888
anywhere in this state if the licensee also carries a valid	39889
license and valid identification when the licensee is in actual	39890
possession of a concealed handgun. The licensee shall give notice	39891
of any change in the licensee's residence address to the sheriff	39892
who issued the license within forty-five days after that change.	39893

If a licensee is the driver or an occupant of a motor vehicle	39894
that is stopped as the result of a traffic stop or a stop for	39895
another law enforcement purpose and if the licensee is	39896
transporting or has a loaded handgun in the motor vehicle at that	39897
time, the licensee shall promptly inform any law enforcement	39898
officer who approaches the vehicle while stopped that the licensee	39899
has been issued a concealed handgun license and that the licensee	39900
currently possesses or has a loaded handgun; the licensee shall	39901
not knowingly disregard or fail to comply with lawful orders of a	39902
law enforcement officer given while the motor vehicle is stopped,	39903
knowingly fail to remain in the motor vehicle while stopped, or	39904
knowingly fail to keep the licensee's hands in plain sight after	39905
any law enforcement officer begins approaching the licensee while	39906
stopped and before the officer leaves, unless directed otherwise	39907
by a law enforcement officer; and the licensee shall not knowingly	39908
have contact with the loaded handgun by touching it with the	39909
licensee's hands or fingers, in any manner in violation of	39910
division (E) of section 2923.16 of the Revised Code, after any law	39911
enforcement officer begins approaching the licensee while stopped	39912
and before the officer leaves. Additionally, if a licensee is the	39913
driver or an occupant of a commercial motor vehicle that is	39914
stopped by an employee of the motor carrier enforcement unit for	39915
the purposes defined in section 5503.04 of the Revised Code and if	39916
the licensee is transporting or has a loaded handgun in the	39917
commercial motor vehicle at that time, the licensee shall promptly	39918
inform the employee of the unit who approaches the vehicle while	39919
stopped that the licensee has been issued a concealed handgun	39920
license and that the licensee currently possesses or has a loaded	39921
handgun.	39922

If a licensee is stopped for a law enforcement purpose and if	39923
the licensee is carrying a concealed handgun at the time the	39924
officer approaches, the licensee shall promptly inform any law	39925
enforcement officer who approaches the licensee while stopped that	39926
the licensee has been issued a concealed handgun license and that	39927
the licensee currently is carrying a concealed handgun; the	39928
licensee shall not knowingly disregard or fail to comply with	39929
lawful orders of a law enforcement officer given while the	39930
licensee is stopped or knowingly fail to keep the licensee's hands	39931
in plain sight after any law enforcement officer begins	39932
approaching the licensee while stopped and before the officer	39933
leaves, unless directed otherwise by a law enforcement officer;	39934
and the licensee shall not knowingly remove, attempt to remove,	39935
grasp, or hold the loaded handgun or knowingly have contact with	39936
the loaded handgun by touching it with the licensee's hands or	39937
fingers, in any manner in violation of division (B) of section	39938
2923.12 of the Revised Code, after any law enforcement officer	39939
begins approaching the licensee while stopped and before the	39940
officer leaves.	39941

(B) A valid concealed handgun license does not authorize the	39942
licensee to carry a concealed handgun in any manner prohibited	39943
under division (B) of section 2923.12 of the Revised Code or in	39944
any manner prohibited under section 2923.16 of the Revised Code. A	39945
valid license does not authorize the licensee to carry a concealed	39946
handgun into any of the following places:	39947

(1) A police station, sheriff's office, or state highway	39948
patrol station, premises controlled by the bureau of criminal	39949
identification and investigation, a state correctional	39950
institution, jail, workhouse, or other detention facility, an	39951
airport passenger terminal, or an institution that is maintained,	39952
operated, managed, and governed pursuant to division (A) of	39953
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	39954
section 5123.03 of the Revised Code;	39955

(2) A school safety zone if the licensee's carrying the	39956
concealed handgun is in violation of section 2923.122 of the	39957
Revised Code;	39958

(3) A courthouse or another building or structure in which a	39959
courtroom is located, in violation of section 2923.123 of the	39960
Revised Code;	39961

(4) Any premises or open air arena for which a D permit has	39962
been issued under Chapter 4303. of the Revised Code if the	39963
licensee's carrying the concealed handgun is in violation of	39964
section 2923.121 of the Revised Code;	39965

(5) Any premises owned or leased by any public or private	39966
college, university, or other institution of higher education,	39967
unless the handgun is in a locked motor vehicle or the licensee is	39968
in the immediate process of placing the handgun in a locked motor	39969
vehicle;	39970

(6) Any church, synagogue, mosque, or other place of worship,	39971
unless the church, synagogue, mosque, or other place of worship	39972
posts or permits otherwise;	39973

(7) A child day-care center, a type A family day-care home, a	39974
type B family day-care home, or a type C family day-care home,	39975
except that this division does not prohibit a licensee who resides	39976
in a type A family day-care home, a type B family day-care home,	39977
or a type C family day-care home from carrying a concealed handgun	39978
at any time in any part of the home that is not dedicated or used	39979
for day-care purposes, or from carrying a concealed handgun in a	39980
part of the home that is dedicated or used for day-care purposes	39981
at any time during which no children, other than children of that	39982
licensee, are in the home;	39983

(8) An aircraft that is in, or intended for operation in,	39984
foreign air transportation, interstate air transportation,	39985
intrastate air transportation, or the transportation of mail by	39986
aircraft;	39987

(9) Any building that is a government facility of this state	39988
or a political subdivision of this state and that is not a	39989
building that is used primarily as a shelter, restroom, parking	39990
facility for motor vehicles, or rest facility and is not a	39991
courthouse or other building or structure in which a courtroom is	39992
located that is subject to division (B)(3) of this section;	39993

(10) A place in which federal law prohibits the carrying of	39994
handguns.	39995

(C)(1) Nothing in this section shall negate or restrict a	39996
rule, policy, or practice of a private employer that is not a	39997
private college, university, or other institution of higher	39998
education concerning or prohibiting the presence of firearms on	39999
the private employer's premises or property, including motor	40000
vehicles owned by the private employer. Nothing in this section	40001
shall require a private employer of that nature to adopt a rule,	40002
policy, or practice concerning or prohibiting the presence of	40003
firearms on the private employer's premises or property, including	40004
motor vehicles owned by the private employer.	40005

(2)(a) A private employer shall be immune from liability in a	40006
civil action for any injury, death, or loss to person or property	40007
that allegedly was caused by or related to a licensee bringing a	40008
handgun onto the premises or property of the private employer,	40009
including motor vehicles owned by the private employer, unless the	40010
private employer acted with malicious purpose. A private employer	40011
is immune from liability in a civil action for any injury, death,	40012
or loss to person or property that allegedly was caused by or	40013
related to the private employer's decision to permit a licensee to	40014
bring, or prohibit a licensee from bringing, a handgun onto the	40015
premises or property of the private employer. As used in this	40016
division, "private employer" includes a private college,	40017
university, or other institution of higher education.	40018

(b) A political subdivision shall be immune from liability in	40019
a civil action, to the extent and in the manner provided in	40020
Chapter 2744. of the Revised Code, for any injury, death, or loss	40021
to person or property that allegedly was caused by or related to a	40022
licensee bringing a handgun onto any premises or property owned,	40023
leased, or otherwise under the control of the political	40024
subdivision. As used in this division, "political subdivision" has	40025
the same meaning as in section 2744.01 of the Revised Code.	40026

(3)(a) Except as provided in division (C)(3)(b) of this	40027
section, the owner or person in control of private land or	40028
premises, and a private person or entity leasing land or premises	40029
owned by the state, the United States, or a political subdivision	40030
of the state or the United States, may post a sign in a	40031
conspicuous location on that land or on those premises prohibiting	40032
persons from carrying firearms or concealed firearms on or onto	40033
that land or those premises. Except as otherwise provided in this	40034
division, a person who knowingly violates a posted prohibition of	40035
that nature is guilty of criminal trespass in violation of	40036
division (A)(4) of section 2911.21 of the Revised Code and is	40037
guilty of a misdemeanor of the fourth degree. If a person	40038
knowingly violates a posted prohibition of that nature and the	40039
posted land or premises primarily was a parking lot or other	40040
parking facility, the person is not guilty of criminal trespass in	40041
violation of division (A)(4) of section 2911.21 of the Revised	40042
Code and instead is subject only to a civil cause of action for	40043
trespass based on the violation.	40044

(b) A landlord may not prohibit or restrict a tenant who is a	40045
licensee and who on or after September 9, 2008, enters into a	40046
rental agreement with the landlord for the use of residential	40047
premises, and the tenant's guest while the tenant is present, from	40048
lawfully carrying or possessing a handgun on those residential	40049
premises.	40050

40051

(i) "Residential premises" has the same meaning as in section	40052
5321.01 of the Revised Code, except "residential premises" does	40053
not include a dwelling unit that is owned or operated by a college	40054
or university.	40055

(ii) "Landlord," "tenant," and "rental agreement" have the	40056
same meanings as in section 5321.01 of the Revised Code.	40057

(D) A person who holds a concealed handgun license issued by	40058
another state that is recognized by the attorney general pursuant	40059
to a reciprocity agreement entered into pursuant to section 109.69	40060
of the Revised Code has the same right to carry a concealed	40061
handgun in this state as a person who was issued a concealed	40062
handgun license under section 2923.125 of the Revised Code and is	40063
subject to the same restrictions that apply to a person who	40064
carries a license issued under that section.	40065

(E) A peace officer has the same right to carry a concealed	40066
handgun in this state as a person who was issued a concealed	40067
handgun license under section 2923.125 of the Revised Code. For	40068
purposes of reciprocity with other states, a peace officer shall	40069
be considered to be a licensee in this state.	40070

(F)(1) A qualified retired peace officer who possesses a	40071
retired peace officer identification card issued pursuant to	40072
division (F)(2) of this section and a valid firearms	40073
requalification certification issued pursuant to division (F)(3)	40074
of this section has the same right to carry a concealed handgun in	40075
this state as a person who was issued a concealed handgun license	40076
under section 2923.125 of the Revised Code and is subject to the	40077
same restrictions that apply to a person who carries a license	40078
issued under that section. For purposes of reciprocity with other	40079
states, a qualified retired peace officer who possesses a retired	40080
peace officer identification card issued pursuant to division	40081
(F)(2) of this section and a valid firearms requalification	40082
certification issued pursuant to division (F)(3) of this section	40083
shall be considered to be a licensee in this state.	40084

(2)(a) Each public agency of this state or of a political	40085
subdivision of this state that is served by one or more peace	40086
officers shall issue a retired peace officer identification card	40087
to any person who retired from service as a peace officer with	40088
that agency, if the issuance is in accordance with the agency's	40089
policies and procedures and if the person, with respect to the	40090
person's service with that agency, satisfies all of the following:	40091

(i) The person retired in good standing from service as a	40092
peace officer with the public agency, and the retirement was not	40093
for reasons of mental instability.	40094

(ii) Before retiring from service as a peace officer with	40095
that agency, the person was authorized to engage in or supervise	40096
the prevention, detection, investigation, or prosecution of, or	40097
the incarceration of any person for, any violation of law and the	40098
person had statutory powers of arrest.	40099

(iii) At the time of the person's retirement as a peace	40100
officer with that agency, the person was trained and qualified to	40101
carry firearms in the performance of the peace officer's duties.	40102

(iv) Before retiring from service as a peace officer with	40103
that agency, the person was regularly employed as a peace officer	40104
for an aggregate of fifteen years or more, or, in the alternative,	40105
the person retired from service as a peace officer with that	40106
agency, after completing any applicable probationary period of	40107
that service, due to a service-connected disability, as determined	40108
by the agency.	40109

(b) A retired peace officer identification card issued to a	40110
person under division (F)(2)(a) of this section shall identify the	40111
person by name, contain a photograph of the person, identify the	40112
public agency of this state or of the political subdivision of	40113
this state from which the person retired as a peace officer and	40114
that is issuing the identification card, and specify that the	40115
person retired in good standing from service as a peace officer	40116
with the issuing public agency and satisfies the criteria set	40117
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	40118
addition to the required content specified in this division, a	40119
retired peace officer identification card issued to a person under	40120
division (F)(2)(a) of this section may include the firearms	40121
requalification certification described in division (F)(3) of this	40122
section, and if the identification card includes that	40123
certification, the identification card shall serve as the firearms	40124
requalification certification for the retired peace officer. If	40125
the issuing public agency issues credentials to active law	40126
enforcement officers who serve the agency, the agency may comply	40127
with division (F)(2)(a) of this section by issuing the same	40128
credentials to persons who retired from service as a peace officer	40129
with the agency and who satisfy the criteria set forth in	40130
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	40131
credentials so issued to retired peace officers are stamped with	40132
the word "RETIRED."	40133

(c) A public agency of this state or of a political	40134
subdivision of this state may charge persons who retired from	40135
service as a peace officer with the agency a reasonable fee for	40136
issuing to the person a retired peace officer identification card	40137
pursuant to division (F)(2)(a) of this section.	40138

(3) If a person retired from service as a peace officer with	40139
a public agency of this state or of a political subdivision of	40140
this state and the person satisfies the criteria set forth in	40141
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	40142
may provide the retired peace officer with the opportunity to	40143
attend a firearms requalification program that is approved for	40144
purposes of firearms requalification required under section	40145
109.801 of the Revised Code. The retired peace officer may be	40146
required to pay the cost of the course.	40147

If a retired peace officer who satisfies the criteria set	40148
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	40149
firearms requalification program that is approved for purposes of	40150
firearms requalification required under section 109.801 of the	40151
Revised Code, the retired peace officer's successful completion of	40152
the firearms requalification program requalifies the retired peace	40153
officer for purposes of division (F) of this section for five	40154
years from the date on which the program was successfully	40155
completed, and the requalification is valid during that five-year	40156
period. If a retired peace officer who satisfies the criteria set	40157
forth in divisions (F)(2)(a)(i) to (iv) of this section	40158
satisfactorily completes such a firearms requalification program,	40159
the retired peace officer shall be issued a firearms	40160
requalification certification that identifies the retired peace	40161
officer by name, identifies the entity that taught the program,	40162
specifies that the retired peace officer successfully completed	40163
the program, specifies the date on which the course was	40164
successfully completed, and specifies that the requalification is	40165
valid for five years from that date of successful completion. The	40166
firearms requalification certification for a retired peace officer	40167
may be included in the retired peace officer identification card	40168
issued to the retired peace officer under division (F)(2) of this	40169
section.	40170

A retired peace officer who attends a firearms	40171
requalification program that is approved for purposes of firearms	40172
requalification required under section 109.801 of the Revised Code	40173
may be required to pay the cost of the program.	40174

(G) As used in this section:

40175

(1) "Qualified retired peace officer" means a person who	40176
satisfies all of the following:	40177

(a) The person satisfies the criteria set forth in divisions	40178
(F)(2)(a)(i) to (v) of this section.	40179

(b) The person is not under the influence of alcohol or	40180
another intoxicating or hallucinatory drug or substance.	40181

(c) The person is not prohibited by federal law from	40182
receiving firearms.	40183

(2) "Retired peace officer identification card" means an	40184
identification card that is issued pursuant to division (F)(2) of	40185
this section to a person who is a retired peace officer.	40186

(3) "Government facility of this state or a political	40187
subdivision of this state" means any of the following:	40188

(a) A building or part of a building that is owned or leased	40189
by the government of this state or a political subdivision of this	40190
state and where employees of the government of this state or the	40191
political subdivision regularly are present for the purpose of	40192
performing their official duties as employees of the state or	40193
political subdivision;	40194

(b) The office of a deputy registrar serving pursuant to	40195
Chapter 4503. of the Revised Code that is used to perform deputy	40196
registrar functions.	40197

Sec. 2925.03. (A) No person shall knowingly do any of the	40198
following:	40199

(1) Sell or offer to sell a controlled substance or a	40200
controlled substance analog;	40201

(2) Prepare for shipment, ship, transport, deliver, prepare	40202
for distribution, or distribute a controlled substance or a	40203
controlled substance analog, when the offender knows or has	40204
reasonable cause to believe that the controlled substance or a	40205
controlled substance analog is intended for sale or resale by the	40206
offender or another person.	40207

(B) This section does not apply to any of the following:

40208

(1) Manufacturers, licensed health professionals authorized	40209
to prescribe drugs, pharmacists, owners of pharmacies, and other	40210
persons whose conduct is in accordance with Chapters 3719., 4715.,	40211
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	40212

(2) If the offense involves an anabolic steroid, any person	40213
who is conducting or participating in a research project involving	40214
the use of an anabolic steroid if the project has been approved by	40215
the United States food and drug administration;	40216

(3) Any person who sells, offers for sale, prescribes,	40217
dispenses, or administers for livestock or other nonhuman species	40218
an anabolic steroid that is expressly intended for administration	40219
through implants to livestock or other nonhuman species and	40220
approved for that purpose under the "Federal Food, Drug, and	40221
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	40222
and is sold, offered for sale, prescribed, dispensed, or	40223
administered for that purpose in accordance with that act.	40224

(C) Whoever violates division (A) of this section is guilty	40225
of one of the following:	40226

(1) If the drug involved in the violation is any compound,	40227
mixture, preparation, or substance included in schedule I or	40228
schedule II, with the exception of marihuana, cocaine, L.S.D.,	40229
heroin, hashish, and controlled substance analogs, whoever	40230
violates division (A) of this section is guilty of aggravated	40231
trafficking in drugs. The penalty for the offense shall be	40232
determined as follows:	40233

(a) Except as otherwise provided in division (C)(1)(b), (c),	40234
(d), (e), or (f) of this section, aggravated trafficking in drugs	40235
is a felony of the fourth degree, and division (C) of section	40236
2929.13 of the Revised Code applies in determining whether to	40237
impose a prison term on the offender.	40238

(b) Except as otherwise provided in division (C)(1)(c), (d),	40239
(e), or (f) of this section, if the offense was committed in the	40240
vicinity of a school or in the vicinity of a juvenile, aggravated	40241
trafficking in drugs is a felony of the third degree, and division	40242
(C) of section 2929.13 of the Revised Code applies in determining	40243
whether to impose a prison term on the offender.	40244

(c) Except as otherwise provided in this division, if the	40245
amount of the drug involved equals or exceeds the bulk amount but	40246
is less than five times the bulk amount, aggravated trafficking in	40247
drugs is a felony of the third degree, and, except as otherwise	40248
provided in this division, there is a presumption for a prison	40249
term for the offense. If aggravated trafficking in drugs is a	40250
felony of the third degree under this division and if the offender	40251
two or more times previously has been convicted of or pleaded	40252
guilty to a felony drug abuse offense, the court shall impose as a	40253
mandatory prison term one of the prison terms prescribed for a	40254
felony of the third degree. If the amount of the drug involved is	40255
within that range and if the offense was committed in the vicinity	40256
of a school or in the vicinity of a juvenile, aggravated	40257
trafficking in drugs is a felony of the second degree, and the	40258
court shall impose as a mandatory prison term one of the prison	40259
terms prescribed for a felony of the second degree.	40260

(d) Except as otherwise provided in this division, if the	40261
amount of the drug involved equals or exceeds five times the bulk	40262
amount but is less than fifty times the bulk amount, aggravated	40263
trafficking in drugs is a felony of the second degree, and the	40264
court shall impose as a mandatory prison term one of the prison	40265
terms prescribed for a felony of the second degree. If the amount	40266
of the drug involved is within that range and if the offense was	40267
committed in the vicinity of a school or in the vicinity of a	40268
juvenile, aggravated trafficking in drugs is a felony of the first	40269
degree, and the court shall impose as a mandatory prison term one	40270
of the prison terms prescribed for a felony of the first degree.	40271

(e) If the amount of the drug involved equals or exceeds	40272
fifty times the bulk amount but is less than one hundred times the	40273
bulk amount and regardless of whether the offense was committed in	40274
the vicinity of a school or in the vicinity of a juvenile,	40275
aggravated trafficking in drugs is a felony of the first degree,	40276
and the court shall impose as a mandatory prison term one of the	40277
prison terms prescribed for a felony of the first degree.	40278

(f) If the amount of the drug involved equals or exceeds one	40279
hundred times the bulk amount and regardless of whether the	40280
offense was committed in the vicinity of a school or in the	40281
vicinity of a juvenile, aggravated trafficking in drugs is a	40282
felony of the first degree, the offender is a major drug offender,	40283
and the court shall impose as a mandatory prison term the maximum	40284
prison term prescribed for a felony of the first degree.	40285

(2) If the drug involved in the violation is any compound,	40286
mixture, preparation, or substance included in schedule III, IV,	40287
or V, whoever violates division (A) of this section is guilty of	40288
trafficking in drugs. The penalty for the offense shall be	40289
determined as follows:	40290

(a) Except as otherwise provided in division (C)(2)(b), (c),	40291
(d), or (e) of this section, trafficking in drugs is a felony of	40292
the fifth degree, and division (B) of section 2929.13 of the	40293
Revised Code applies in determining whether to impose a prison	40294
term on the offender.	40295

(b) Except as otherwise provided in division (C)(2)(c), (d),	40296
or (e) of this section, if the offense was committed in the	40297
vicinity of a school or in the vicinity of a juvenile, trafficking	40298
in drugs is a felony of the fourth degree, and division (C) of	40299
section 2929.13 of the Revised Code applies in determining whether	40300
to impose a prison term on the offender.	40301

(c) Except as otherwise provided in this division, if the	40302
amount of the drug involved equals or exceeds the bulk amount but	40303
is less than five times the bulk amount, trafficking in drugs is a	40304
felony of the fourth degree, and division (B) of section 2929.13	40305
of the Revised Code applies in determining whether to impose a	40306
prison term for the offense. If the amount of the drug involved is	40307
within that range and if the offense was committed in the vicinity	40308
of a school or in the vicinity of a juvenile, trafficking in drugs	40309
is a felony of the third degree, and there is a presumption for a	40310
prison term for the offense.	40311

(d) Except as otherwise provided in this division, if the	40312
amount of the drug involved equals or exceeds five times the bulk	40313
amount but is less than fifty times the bulk amount, trafficking	40314
in drugs is a felony of the third degree, and there is a	40315
presumption for a prison term for the offense. If the amount of	40316
the drug involved is within that range and if the offense was	40317
committed in the vicinity of a school or in the vicinity of a	40318
juvenile, trafficking in drugs is a felony of the second degree,	40319
and there is a presumption for a prison term for the offense.	40320

(e) Except as otherwise provided in this division, if the	40321
amount of the drug involved equals or exceeds fifty times the bulk	40322
amount, trafficking in drugs is a felony of the second degree, and	40323
the court shall impose as a mandatory prison term one of the	40324
prison terms prescribed for a felony of the second degree. If the	40325
amount of the drug involved equals or exceeds fifty times the bulk	40326
amount and if the offense was committed in the vicinity of a	40327
school or in the vicinity of a juvenile, trafficking in drugs is a	40328
felony of the first degree, and the court shall impose as a	40329
mandatory prison term one of the prison terms prescribed for a	40330
felony of the first degree.	40331

(3) If the drug involved in the violation is marihuana or a	40332
compound, mixture, preparation, or substance containing marihuana	40333
other than hashish, whoever violates division (A) of this section	40334
is guilty of trafficking in marihuana. The penalty for the offense	40335
shall be determined as follows:	40336

(a) Except as otherwise provided in division (C)(3)(b), (c),	40337
(d), (e), (f), (g), or (h) of this section, trafficking in	40338
marihuana is a felony of the fifth degree, and division (B) of	40339
section 2929.13 of the Revised Code applies in determining whether	40340
to impose a prison term on the offender.	40341

(b) Except as otherwise provided in division (C)(3)(c), (d),	40342
(e), (f), (g), or (h) of this section, if the offense was	40343
committed in the vicinity of a school or in the vicinity of a	40344
juvenile, trafficking in marihuana is a felony of the fourth	40345
degree, and division (B) of section 2929.13 of the Revised Code	40346
applies in determining whether to impose a prison term on the	40347
offender.	40348

(c) Except as otherwise provided in this division, if the	40349
amount of the drug involved equals or exceeds two hundred grams	40350
but is less than one thousand grams, trafficking in marihuana is a	40351
felony of the fourth degree, and division (B) of section 2929.13	40352
of the Revised Code applies in determining whether to impose a	40353
prison term on the offender. If the amount of the drug involved is	40354
within that range and if the offense was committed in the vicinity	40355
of a school or in the vicinity of a juvenile, trafficking in	40356
marihuana is a felony of the third degree, and division (C) of	40357
section 2929.13 of the Revised Code applies in determining whether	40358
to impose a prison term on the offender.	40359

(d) Except as otherwise provided in this division, if the	40360
amount of the drug involved equals or exceeds one thousand grams	40361
but is less than five thousand grams, trafficking in marihuana is	40362
a felony of the third degree, and division (C) of section 2929.13	40363
of the Revised Code applies in determining whether to impose a	40364
prison term on the offender. If the amount of the drug involved is	40365
within that range and if the offense was committed in the vicinity	40366
of a school or in the vicinity of a juvenile, trafficking in	40367
marihuana is a felony of the second degree, and there is a	40368
presumption that a prison term shall be imposed for the offense.	40369

(e) Except as otherwise provided in this division, if the	40370
amount of the drug involved equals or exceeds five thousand grams	40371
but is less than twenty thousand grams, trafficking in marihuana	40372
is a felony of the third degree, and there is a presumption that a	40373
prison term shall be imposed for the offense. If the amount of the	40374
drug involved is within that range and if the offense was	40375
committed in the vicinity of a school or in the vicinity of a	40376
juvenile, trafficking in marihuana is a felony of the second	40377
degree, and there is a presumption that a prison term shall be	40378
imposed for the offense.	40379

(f) Except as otherwise provided in this division, if the	40380
amount of the drug involved equals or exceeds twenty thousand	40381
grams but is less than forty thousand grams, trafficking in	40382
marihuana is a felony of the second degree, and the court shall	40383
impose a mandatory prison term of five, six, seven, or eight	40384
years. If the amount of the drug involved is within that range and	40385
if the offense was committed in the vicinity of a school or in the	40386
vicinity of a juvenile, trafficking in marihuana is a felony of	40387
the first degree, and the court shall impose as a mandatory prison	40388
term the maximum prison term prescribed for a felony of the first	40389
degree.	40390

(g) Except as otherwise provided in this division, if the	40391
amount of the drug involved equals or exceeds forty thousand	40392
grams, trafficking in marihuana is a felony of the second degree,	40393
and the court shall impose as a mandatory prison term the maximum	40394
prison term prescribed for a felony of the second degree. If the	40395
amount of the drug involved equals or exceeds forty thousand grams	40396
and if the offense was committed in the vicinity of a school or in	40397
the vicinity of a juvenile, trafficking in marihuana is a felony	40398
of the first degree, and the court shall impose as a mandatory	40399
prison term the maximum prison term prescribed for a felony of the	40400
first degree.	40401

(h) Except as otherwise provided in this division, if the	40402
offense involves a gift of twenty grams or less of marihuana,	40403
trafficking in marihuana is a minor misdemeanor upon a first	40404
offense and a misdemeanor of the third degree upon a subsequent	40405
offense. If the offense involves a gift of twenty grams or less of	40406
marihuana and if the offense was committed in the vicinity of a	40407
school or in the vicinity of a juvenile, trafficking in marihuana	40408
is a misdemeanor of the third degree.	40409

(4) If the drug involved in the violation is cocaine or a	40410
compound, mixture, preparation, or substance containing cocaine,	40411
whoever violates division (A) of this section is guilty of	40412
trafficking in cocaine. The penalty for the offense shall be	40413
determined as follows:	40414

(a) Except as otherwise provided in division (C)(4)(b), (c),	40415
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	40416
felony of the fifth degree, and division (B) of section 2929.13 of	40417
the Revised Code applies in determining whether to impose a prison	40418
term on the offender.	40419

(b) Except as otherwise provided in division (C)(4)(c), (d),	40420
(e), (f), or (g) of this section, if the offense was committed in	40421
the vicinity of a school or in the vicinity of a juvenile,	40422
trafficking in cocaine is a felony of the fourth degree, and	40423
division (C) of section 2929.13 of the Revised Code applies in	40424
determining whether to impose a prison term on the offender.	40425

(c) Except as otherwise provided in this division, if the	40426
amount of the drug involved equals or exceeds five grams but is	40427
less than ten grams of cocaine, trafficking in cocaine is a felony	40428
of the fourth degree, and division (B) of section 2929.13 of the	40429
Revised Code applies in determining whether to impose a prison	40430
term for the offense. If the amount of the drug involved is within	40431
that range and if the offense was committed in the vicinity of a	40432
school or in the vicinity of a juvenile, trafficking in cocaine is	40433
a felony of the third degree, and there is a presumption for a	40434
prison term for the offense.	40435

(d) Except as otherwise provided in this division, if the	40436
amount of the drug involved equals or exceeds ten grams but is	40437
less than twenty grams of cocaine, trafficking in cocaine is a	40438
felony of the third degree, and, except as otherwise provided in	40439
this division, there is a presumption for a prison term for the	40440
offense. If trafficking in cocaine is a felony of the third degree	40441
under this division and if the offender two or more times	40442
previously has been convicted of or pleaded guilty to a felony	40443
drug abuse offense, the court shall impose as a mandatory prison	40444
term one of the prison terms prescribed for a felony of the third	40445
degree. If the amount of the drug involved is within that range	40446
and if the offense was committed in the vicinity of a school or in	40447
the vicinity of a juvenile, trafficking in cocaine is a felony of	40448
the second degree, and the court shall impose as a mandatory	40449
prison term one of the prison terms prescribed for a felony of the	40450
second degree.	40451

(e) Except as otherwise provided in this division, if the	40452
amount of the drug involved equals or exceeds twenty grams but is	40453
less than twenty-seven grams of cocaine, trafficking in cocaine is	40454
a felony of the second degree, and the court shall impose as a	40455
mandatory prison term one of the prison terms prescribed for a	40456
felony of the second degree. If the amount of the drug involved is	40457
within that range and if the offense was committed in the vicinity	40458
of a school or in the vicinity of a juvenile, trafficking in	40459
cocaine is a felony of the first degree, and the court shall	40460
impose as a mandatory prison term one of the prison terms	40461
prescribed for a felony of the first degree.	40462

(f) If the amount of the drug involved equals or exceeds	40463
twenty-seven grams but is less than one hundred grams of cocaine	40464
and regardless of whether the offense was committed in the	40465
vicinity of a school or in the vicinity of a juvenile, trafficking	40466
in cocaine is a felony of the first degree, and the court shall	40467
impose as a mandatory prison term one of the prison terms	40468
prescribed for a felony of the first degree.	40469

(g) If the amount of the drug involved equals or exceeds one	40470
hundred grams of cocaine and regardless of whether the offense was	40471
committed in the vicinity of a school or in the vicinity of a	40472
juvenile, trafficking in cocaine is a felony of the first degree,	40473
the offender is a major drug offender, and the court shall impose	40474
as a mandatory prison term the maximum prison term prescribed for	40475
a felony of the first degree.	40476

(5) If the drug involved in the violation is L.S.D. or a	40477
compound, mixture, preparation, or substance containing L.S.D.,	40478
whoever violates division (A) of this section is guilty of	40479
trafficking in L.S.D. The penalty for the offense shall be	40480
determined as follows:	40481

(a) Except as otherwise provided in division (C)(5)(b), (c),	40482
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	40483
felony of the fifth degree, and division (B) of section 2929.13 of	40484
the Revised Code applies in determining whether to impose a prison	40485
term on the offender.	40486

(b) Except as otherwise provided in division (C)(5)(c), (d),	40487
(e), (f), or (g) of this section, if the offense was committed in	40488
the vicinity of a school or in the vicinity of a juvenile,	40489
trafficking in L.S.D. is a felony of the fourth degree, and	40490
division (C) of section 2929.13 of the Revised Code applies in	40491
determining whether to impose a prison term on the offender.	40492

(c) Except as otherwise provided in this division, if the	40493
amount of the drug involved equals or exceeds ten unit doses but	40494
is less than fifty unit doses of L.S.D. in a solid form or equals	40495
or exceeds one gram but is less than five grams of L.S.D. in a	40496
liquid concentrate, liquid extract, or liquid distillate form,	40497
trafficking in L.S.D. is a felony of the fourth degree, and	40498
division (B) of section 2929.13 of the Revised Code applies in	40499
determining whether to impose a prison term for the offense. If	40500
the amount of the drug involved is within that range and if the	40501
offense was committed in the vicinity of a school or in the	40502
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	40503
third degree, and there is a presumption for a prison term for the	40504
offense.	40505

(d) Except as otherwise provided in this division, if the	40506
amount of the drug involved equals or exceeds fifty unit doses but	40507
is less than two hundred fifty unit doses of L.S.D. in a solid	40508
form or equals or exceeds five grams but is less than twenty-five	40509
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	40510
distillate form, trafficking in L.S.D. is a felony of the third	40511
degree, and, except as otherwise provided in this division, there	40512
is a presumption for a prison term for the offense. If trafficking	40513
in L.S.D. is a felony of the third degree under this division and	40514
if the offender two or more times previously has been convicted of	40515
or pleaded guilty to a felony drug abuse offense, the court shall	40516
impose as a mandatory prison term one of the prison terms	40517
prescribed for a felony of the third degree. If the amount of the	40518
drug involved is within that range and if the offense was	40519
committed in the vicinity of a school or in the vicinity of a	40520
juvenile, trafficking in L.S.D. is a felony of the second degree,	40521
and the court shall impose as a mandatory prison term one of the	40522
prison terms prescribed for a felony of the second degree.	40523

(e) Except as otherwise provided in this division, if the	40524
amount of the drug involved equals or exceeds two hundred fifty	40525
unit doses but is less than one thousand unit doses of L.S.D. in a	40526
solid form or equals or exceeds twenty-five grams but is less than	40527
one hundred grams of L.S.D. in a liquid concentrate, liquid	40528
extract, or liquid distillate form, trafficking in L.S.D. is a	40529
felony of the second degree, and the court shall impose as a	40530
mandatory prison term one of the prison terms prescribed for a	40531
felony of the second degree. If the amount of the drug involved is	40532
within that range and if the offense was committed in the vicinity	40533
of a school or in the vicinity of a juvenile, trafficking in	40534
L.S.D. is a felony of the first degree, and the court shall impose	40535
as a mandatory prison term one of the prison terms prescribed for	40536
a felony of the first degree.	40537

(f) If the amount of the drug involved equals or exceeds one	40538
thousand unit doses but is less than five thousand unit doses of	40539
L.S.D. in a solid form or equals or exceeds one hundred grams but	40540
is less than five hundred grams of L.S.D. in a liquid concentrate,	40541
liquid extract, or liquid distillate form and regardless of	40542
whether the offense was committed in the vicinity of a school or	40543
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	40544
of the first degree, and the court shall impose as a mandatory	40545
prison term one of the prison terms prescribed for a felony of the	40546
first degree.	40547

(g) If the amount of the drug involved equals or exceeds five	40548
thousand unit doses of L.S.D. in a solid form or equals or exceeds	40549
five hundred grams of L.S.D. in a liquid concentrate, liquid	40550
extract, or liquid distillate form and regardless of whether the	40551
offense was committed in the vicinity of a school or in the	40552
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	40553
first degree, the offender is a major drug offender, and the court	40554
shall impose as a mandatory prison term the maximum prison term	40555
prescribed for a felony of the first degree.	40556

(6) If the drug involved in the violation is heroin or a	40557
compound, mixture, preparation, or substance containing heroin,	40558
whoever violates division (A) of this section is guilty of	40559
trafficking in heroin. The penalty for the offense shall be	40560
determined as follows:	40561

(a) Except as otherwise provided in division (C)(6)(b), (c),	40562
(d), (e), (f), or (g) of this section, trafficking in heroin is a	40563
felony of the fifth degree, and division (B) of section 2929.13 of	40564
the Revised Code applies in determining whether to impose a prison	40565
term on the offender.	40566

(b) Except as otherwise provided in division (C)(6)(c), (d),	40567
(e), (f), or (g) of this section, if the offense was committed in	40568
the vicinity of a school or in the vicinity of a juvenile,	40569
trafficking in heroin is a felony of the fourth degree, and	40570
division (C) of section 2929.13 of the Revised Code applies in	40571
determining whether to impose a prison term on the offender.	40572

(c) Except as otherwise provided in this division, if the	40573
amount of the drug involved equals or exceeds ten unit doses but	40574
is less than fifty unit doses or equals or exceeds one gram but is	40575
less than five grams, trafficking in heroin is a felony of the	40576
fourth degree, and division (B) of section 2929.13 of the Revised	40577
Code applies in determining whether to impose a prison term for	40578
the offense. If the amount of the drug involved is within that	40579
range and if the offense was committed in the vicinity of a school	40580
or in the vicinity of a juvenile, trafficking in heroin is a	40581
felony of the third degree, and there is a presumption for a	40582
prison term for the offense.	40583

(d) Except as otherwise provided in this division, if the	40584
amount of the drug involved equals or exceeds fifty unit doses but	40585
is less than one hundred unit doses or equals or exceeds five	40586
grams but is less than ten grams, trafficking in heroin is a	40587
felony of the third degree, and there is a presumption for a	40588
prison term for the offense. If the amount of the drug involved is	40589
within that range and if the offense was committed in the vicinity	40590
of a school or in the vicinity of a juvenile, trafficking in	40591
heroin is a felony of the second degree, and there is a	40592
presumption for a prison term for the offense.	40593

(e) Except as otherwise provided in this division, if the	40594
amount of the drug involved equals or exceeds one hundred unit	40595
doses but is less than five hundred unit doses or equals or	40596
exceeds ten grams but is less than fifty grams, trafficking in	40597
heroin is a felony of the second degree, and the court shall	40598
impose as a mandatory prison term one of the prison terms	40599
prescribed for a felony of the second degree. If the amount of the	40600
drug involved is within that range and if the offense was	40601
committed in the vicinity of a school or in the vicinity of a	40602
juvenile, trafficking in heroin is a felony of the first degree,	40603
and the court shall impose as a mandatory prison term one of the	40604
prison terms prescribed for a felony of the first degree.	40605

(f) If the amount of the drug involved equals or exceeds five	40606
hundred unit doses but is less than two thousand five hundred unit	40607
doses or equals or exceeds fifty grams but is less than two	40608
hundred fifty grams and regardless of whether the offense was	40609
committed in the vicinity of a school or in the vicinity of a	40610
juvenile, trafficking in heroin is a felony of the first degree,	40611
and the court shall impose as a mandatory prison term one of the	40612
prison terms prescribed for a felony of the first degree.	40613

(g) If the amount of the drug involved equals or exceeds two	40614
thousand five hundred unit doses or equals or exceeds two hundred	40615
fifty grams and regardless of whether the offense was committed in	40616
the vicinity of a school or in the vicinity of a juvenile,	40617
trafficking in heroin is a felony of the first degree, the	40618
offender is a major drug offender, and the court shall impose as a	40619
mandatory prison term the maximum prison term prescribed for a	40620
felony of the first degree.	40621

(7) If the drug involved in the violation is hashish or a	40622
compound, mixture, preparation, or substance containing hashish,	40623
whoever violates division (A) of this section is guilty of	40624
trafficking in hashish. The penalty for the offense shall be	40625
determined as follows:	40626

(a) Except as otherwise provided in division (C)(7)(b), (c),	40627
(d), (e), (f), or (g) of this section, trafficking in hashish is a	40628
felony of the fifth degree, and division (B) of section 2929.13 of	40629
the Revised Code applies in determining whether to impose a prison	40630
term on the offender.	40631

(b) Except as otherwise provided in division (C)(7)(c), (d),	40632
(e), (f), or (g) of this section, if the offense was committed in	40633
the vicinity of a school or in the vicinity of a juvenile,	40634
trafficking in hashish is a felony of the fourth degree, and	40635
division (B) of section 2929.13 of the Revised Code applies in	40636
determining whether to impose a prison term on the offender.	40637

(c) Except as otherwise provided in this division, if the	40638
amount of the drug involved equals or exceeds ten grams but is	40639
less than fifty grams of hashish in a solid form or equals or	40640
exceeds two grams but is less than ten grams of hashish in a	40641
liquid concentrate, liquid extract, or liquid distillate form,	40642
trafficking in hashish is a felony of the fourth degree, and	40643
division (B) of section 2929.13 of the Revised Code applies in	40644
determining whether to impose a prison term on the offender. If	40645
the amount of the drug involved is within that range and if the	40646
offense was committed in the vicinity of a school or in the	40647
vicinity of a juvenile, trafficking in hashish is a felony of the	40648
third degree, and division (C) of section 2929.13 of the Revised	40649
Code applies in determining whether to impose a prison term on the	40650
offender.	40651

(d) Except as otherwise provided in this division, if the	40652
amount of the drug involved equals or exceeds fifty grams but is	40653
less than two hundred fifty grams of hashish in a solid form or	40654
equals or exceeds ten grams but is less than fifty grams of	40655
hashish in a liquid concentrate, liquid extract, or liquid	40656
distillate form, trafficking in hashish is a felony of the third	40657
degree, and division (C) of section 2929.13 of the Revised Code	40658
applies in determining whether to impose a prison term on the	40659
offender. If the amount of the drug involved is within that range	40660
and if the offense was committed in the vicinity of a school or in	40661
the vicinity of a juvenile, trafficking in hashish is a felony of	40662
the second degree, and there is a presumption that a prison term	40663
shall be imposed for the offense.	40664

(e) Except as otherwise provided in this division, if the	40665
amount of the drug involved equals or exceeds two hundred fifty	40666
grams but is less than one thousand grams of hashish in a solid	40667
form or equals or exceeds fifty grams but is less than two hundred	40668
grams of hashish in a liquid concentrate, liquid extract, or	40669
liquid distillate form, trafficking in hashish is a felony of the	40670
third degree, and there is a presumption that a prison term shall	40671
be imposed for the offense. If the amount of the drug involved is	40672
within that range and if the offense was committed in the vicinity	40673
of a school or in the vicinity of a juvenile, trafficking in	40674
hashish is a felony of the second degree, and there is a	40675
presumption that a prison term shall be imposed for the offense.	40676

(f) Except as otherwise provided in this division, if the	40677
amount of the drug involved equals or exceeds one thousand grams	40678
but is less than two thousand grams of hashish in a solid form or	40679
equals or exceeds two hundred grams but is less than four hundred	40680
grams of hashish in a liquid concentrate, liquid extract, or	40681
liquid distillate form, trafficking in hashish is a felony of the	40682
second degree, and the court shall impose a mandatory prison term	40683
of five, six, seven, or eight years. If the amount of the drug	40684
involved is within that range and if the offense was committed in	40685
the vicinity of a school or in the vicinity of a juvenile,	40686
trafficking in hashish is a felony of the first degree, and the	40687
court shall impose as a mandatory prison term the maximum prison	40688
term prescribed for a felony of the first degree.	40689

(g) Except as otherwise provided in this division, if the	40690
amount of the drug involved equals or exceeds two thousand grams	40691
of hashish in a solid form or equals or exceeds four hundred grams	40692
of hashish in a liquid concentrate, liquid extract, or liquid	40693
distillate form, trafficking in hashish is a felony of the second	40694
degree, and the court shall impose as a mandatory prison term the	40695
maximum prison term prescribed for a felony of the second degree.	40696
If the amount of the drug involved equals or exceeds two thousand	40697
grams of hashish in a solid form or equals or exceeds four hundred	40698
grams of hashish in a liquid concentrate, liquid extract, or	40699
liquid distillate form and if the offense was committed in the	40700
vicinity of a school or in the vicinity of a juvenile, trafficking	40701
in hashish is a felony of the first degree, and the court shall	40702
impose as a mandatory prison term the maximum prison term	40703
prescribed for a felony of the first degree.	40704

(8) If the drug involved in the violation is a controlled	40705
substance analog or compound, mixture, preparation, or substance	40706
that contains a controlled substance analog, whoever violates	40707
division (A) of this section is guilty of trafficking in a	40708
controlled substance analog. The penalty for the offense shall be	40709
determined as follows:	40710

(a) Except as otherwise provided in division (C)(8)(b), (c),	40711
(d), (e), (f), or (g) of this section, trafficking in a controlled	40712
substance analog is a felony of the fifth degree, and division (C)	40713
of section 2929.13 of the Revised Code applies in determining	40714
whether to impose a prison term on the offender.	40715

(b) Except as otherwise provided in division (C)(8)(c), (d),	40716
(e), (f), or (g) of this section, if the offense was committed in	40717
the vicinity of a school or in the vicinity of a juvenile,	40718
trafficking in a controlled substance analog is a felony of the	40719
fourth degree, and division (C) of section 2929.13 of the Revised	40720
Code applies in determining whether to impose a prison term on the	40721
offender.	40722

(c) Except as otherwise provided in this division, if the	40723
amount of the drug involved equals or exceeds ten grams but is	40724
less than twenty grams, trafficking in a controlled substance	40725
analog is a felony of the fourth degree, and division (B) of	40726
section 2929.13 of the Revised Code applies in determining whether	40727
to impose a prison term for the offense. If the amount of the drug	40728
involved is within that range and if the offense was committed in	40729
the vicinity of a school or in the vicinity of a juvenile,	40730
trafficking in a controlled substance analog is a felony of the	40731
third degree, and there is a presumption for a prison term for the	40732
offense.	40733

(d) Except as otherwise provided in this division, if the	40734
amount of the drug involved equals or exceeds twenty grams but is	40735
less than thirty grams, trafficking in a controlled substance	40736
analog is a felony of the third degree, and there is a presumption	40737
for a prison term for the offense. If the amount of the drug	40738
involved is within that range and if the offense was committed in	40739
the vicinity of a school or in the vicinity of a juvenile,	40740
trafficking in a controlled substance analog is a felony of the	40741
second degree, and there is a presumption for a prison term for	40742
the offense.	40743

(e) Except as otherwise provided in this division, if the	40744
amount of the drug involved equals or exceeds thirty grams but is	40745
less than forty grams, trafficking in a controlled substance	40746
analog is a felony of the second degree, and the court shall	40747
impose as a mandatory prison term one of the prison terms	40748
prescribed for a felony of the second degree. If the amount of the	40749
drug involved is within that range and if the offense was	40750
committed in the vicinity of a school or in the vicinity of a	40751
juvenile, trafficking in a controlled substance analog is a felony	40752
of the first degree, and the court shall impose as a mandatory	40753
prison term one of the prison terms prescribed for a felony of the	40754
first degree.	40755

(f) If the amount of the drug involved equals or exceeds	40756
forty grams but is less than fifty grams and regardless of whether	40757
the offense was committed in the vicinity of a school or in the	40758
vicinity of a juvenile, trafficking in a controlled substance	40759
analog is a felony of the first degree, and the court shall impose	40760
as a mandatory prison term one of the prison terms prescribed for	40761
a felony of the first degree.	40762

(g) If the amount of the drug involved equals or exceeds	40763
fifty grams and regardless of whether the offense was committed in	40764
the vicinity of a school or in the vicinity of a juvenile,	40765
trafficking in a controlled substance analog is a felony of the	40766
first degree, the offender is a major drug offender, and the court	40767
shall impose as a mandatory prison term the maximum prison term	40768
prescribed for a felony of the first degree.	40769

(D) In addition to any prison term authorized or required by	40770
division (C) of this section and sections 2929.13 and 2929.14 of	40771
the Revised Code, and in addition to any other sanction imposed	40772
for the offense under this section or sections 2929.11 to 2929.18	40773
of the Revised Code, the court that sentences an offender who is	40774
convicted of or pleads guilty to a violation of division (A) of	40775
this section shall do all of the following that are applicable	40776
regarding the offender:	40777

(1) If the violation of division (A) of this section is a	40778
felony of the first, second, or third degree, the court shall	40779
impose upon the offender the mandatory fine specified for the	40780
offense under division (B)(1) of section 2929.18 of the Revised	40781
Code unless, as specified in that division, the court determines	40782
that the offender is indigent. Except as otherwise provided in	40783
division (H)(1) of this section, a mandatory fine or any other	40784
fine imposed for a violation of this section is subject to	40785
division (F) of this section. If a person is charged with a	40786
violation of this section that is a felony of the first, second,	40787
or third degree, posts bail, and forfeits the bail, the clerk of	40788
the court shall pay the forfeited bail pursuant to divisions	40789
(D)(1) and (F) of this section, as if the forfeited bail was a	40790
fine imposed for a violation of this section. If any amount of the	40791
forfeited bail remains after that payment and if a fine is imposed	40792
under division (H)(1) of this section, the clerk of the court	40793
shall pay the remaining amount of the forfeited bail pursuant to	40794
divisions (H)(2) and (3) of this section, as if that remaining	40795
amount was a fine imposed under division (H)(1) of this section.	40796

(2) The court shall suspend the driver's or commercial	40797
driver's license or permit of the offender in accordance with	40798
division (G) of this section.	40799

(3) If the offender is a professionally licensed person, the	40800
court immediately shall comply with section 2925.38 of the Revised	40801
Code.	40802

(E) When a person is charged with the sale of or offer to	40803
sell a bulk amount or a multiple of a bulk amount of a controlled	40804
substance, the jury, or the court trying the accused, shall	40805
determine the amount of the controlled substance involved at the	40806
time of the offense and, if a guilty verdict is returned, shall	40807
return the findings as part of the verdict. In any such case, it	40808
is unnecessary to find and return the exact amount of the	40809
controlled substance involved, and it is sufficient if the finding	40810
and return is to the effect that the amount of the controlled	40811
substance involved is the requisite amount, or that the amount of	40812
the controlled substance involved is less than the requisite	40813
amount.	40814

(F)(1) Notwithstanding any contrary provision of section	40815
3719.21 of the Revised Code and except as provided in division (H)	40816
of this section, the clerk of the court shall pay any mandatory	40817
fine imposed pursuant to division (D)(1) of this section and any	40818
fine other than a mandatory fine that is imposed for a violation	40819
of this section pursuant to division (A) or (B)(5) of section	40820
2929.18 of the Revised Code to the county, township, municipal	40821
corporation, park district, as created pursuant to section 511.18	40822
or 1545.04 of the Revised Code, or state law enforcement agencies	40823
in this state that primarily were responsible for or involved in	40824
making the arrest of, and in prosecuting, the offender. However,	40825
the clerk shall not pay a mandatory fine so imposed to a law	40826
enforcement agency unless the agency has adopted a written	40827
internal control policy under division (F)(2) of this section that	40828
addresses the use of the fine moneys that it receives. Each agency	40829
shall use the mandatory fines so paid to subsidize the agency's	40830
law enforcement efforts that pertain to drug offenses, in	40831
accordance with the written internal control policy adopted by the	40832
recipient agency under division (F)(2) of this section.	40833

(2)~~(a)~~ Prior to receiving any fine moneys under division	40834
(F)(1) of this section or division (B) of section 2925.42 of the	40835
Revised Code, a law enforcement agency shall adopt a written	40836
internal control policy that addresses the agency's use and	40837
disposition of all fine moneys so received and that provides for	40838
the keeping of detailed financial records of the receipts of those	40839
fine moneys, the general types of expenditures made out of those	40840
fine moneys, and the specific amount of each general type of	40841
expenditure. The policy shall not provide for or permit the	40842
identification of any specific expenditure that is made in an	40843
ongoing investigation. All financial records of the receipts of	40844
those fine moneys, the general types of expenditures made out of	40845
those fine moneys, and the specific amount of each general type of	40846
expenditure by an agency are public records open for inspection	40847
under section 149.43 of the Revised Code. Additionally, a written	40848
internal control policy adopted under this division is such a	40849
public record, and the agency that adopted it shall comply with	40850
it.	40851

~~(b) Each law enforcement agency that receives in any calendar~~	40852
~~year any fine moneys under division (F)(1) of this section or~~	40853
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	40854
~~a report covering the calendar year that cumulates all of the~~	40855
~~information contained in all of the public financial records kept~~	40856
~~by the agency pursuant to division (F)(2)(a) of this section for~~	40857
~~that calendar year, and shall send a copy of the cumulative~~	40858
~~report, no later than the first day of March in the calendar year~~	40859
~~following the calendar year covered by the report, to the attorney~~	40860
~~general. Each report received by the attorney general is a public~~	40861
~~record open for inspection under section 149.43 of the Revised~~	40862
~~Code. Not later than the fifteenth day of April in the calendar~~	40863
~~year in which the reports are received, the attorney general shall~~	40864
~~send to the president of the senate and the speaker of the house~~	40865
~~of representatives a written notification that does all of the~~	40866
~~following:~~	40867

~~(i) Indicates that the attorney general has received from law~~	40868
~~enforcement agencies reports of the type described in this~~	40869
~~division that cover the previous calendar year and indicates that~~	40870
~~the reports were received under this division;~~	40871

~~(ii) Indicates that the reports are open for inspection under~~	40872
~~section 149.43 of the Revised Code;~~	40873

~~(iii) Indicates that the attorney general will provide a copy~~	40874
~~of any or all of the reports to the president of the senate or the~~	40875
~~speaker of the house of representatives upon request.~~	40876

(3) As used in division (F) of this section:

40877

(a) "Law enforcement agencies" includes, but is not limited	40878
to, the state board of pharmacy and the office of a prosecutor.	40879

(b) "Prosecutor" has the same meaning as in section 2935.01	40880
of the Revised Code.	40881

(G) When required under division (D)(2) of this section or	40882
any other provision of this chapter, the court shall suspend for	40883
not less than six months or more than five years the driver's or	40884
commercial driver's license or permit of any person who is	40885
convicted of or pleads guilty to any violation of this section or	40886
any other specified provision of this chapter. If an offender's	40887
driver's or commercial driver's license or permit is suspended	40888
pursuant to this division, the offender, at any time after the	40889
expiration of two years from the day on which the offender's	40890
sentence was imposed or from the day on which the offender finally	40891
was released from a prison term under the sentence, whichever is	40892
later, may file a motion with the sentencing court requesting	40893
termination of the suspension; upon the filing of such a motion	40894
and the court's finding of good cause for the termination, the	40895
court may terminate the suspension.	40896

(H)(1) In addition to any prison term authorized or required	40897
by division (C) of this section and sections 2929.13 and 2929.14	40898
of the Revised Code, in addition to any other penalty or sanction	40899
imposed for the offense under this section or sections 2929.11 to	40900
2929.18 of the Revised Code, and in addition to the forfeiture of	40901
property in connection with the offense as prescribed in Chapter	40902
2981. of the Revised Code, the court that sentences an offender	40903
who is convicted of or pleads guilty to a violation of division	40904
(A) of this section may impose upon the offender an additional	40905
fine specified for the offense in division (B)(4) of section	40906
2929.18 of the Revised Code. A fine imposed under division (H)(1)	40907
of this section is not subject to division (F) of this section and	40908
shall be used solely for the support of one or more eligible	40909
~~alcohol and drug~~community addiction ~~programs~~services provider in	40910
accordance with divisions (H)(2) and (3) of this section.	40911

(2) The court that imposes a fine under division (H)(1) of	40912
this section shall specify in the judgment that imposes the fine	40913
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	40914
services provider for the support of which the fine money is to be	40915
used. No ~~alcohol and drug~~community addiction ~~program~~services	40916
provider shall receive or use money paid or collected in	40917
satisfaction of a fine imposed under division (H)(1) of this	40918
section unless the ~~program~~services provider is specified in the	40919
judgment that imposes the fine. No ~~alcohol and drug~~community	40920
addiction ~~program~~services provider shall be specified in the	40921
judgment unless the ~~program~~services provider is an eligible	40922
~~alcohol and drug~~community addiction ~~program~~services provider	40923
and, except as otherwise provided in division (H)(2) of this	40924
section, unless the ~~program~~services provider is located in the	40925
county in which the court that imposes the fine is located or in a	40926
county that is immediately contiguous to the county in which that	40927
court is located. If no eligible ~~alcohol and drug~~community	40928
addiction ~~program~~services provider is located in any of those	40929
counties, the judgment may specify an eligible ~~alcohol and drug~~	40930
community addiction ~~program~~services provider that is located	40931
anywhere within this state.	40932

(3) Notwithstanding any contrary provision of section 3719.21	40933
of the Revised Code, the clerk of the court shall pay any fine	40934
imposed under division (H)(1) of this section to the eligible	40935
~~alcohol and drug~~community addiction ~~program~~services provider	40936
specified pursuant to division (H)(2) of this section in the	40937
judgment. The eligible ~~alcohol and drug~~community addiction	40938
~~program~~services provider that receives the fine moneys shall use	40939
the moneys only for the alcohol and drug addiction services	40940
identified in the application for certification under section	40941
~~3793.06~~5119.36 of the Revised Code or in the application for a	40942
license under section ~~3793.11~~5119.39 of the Revised Code filed	40943
with the department of ~~alcohol and drug addiction services~~mental	40944
health and addiction services by the ~~alcohol and drug~~community	40945
addiction ~~program~~services provider specified in the judgment.	40946

(4) Each ~~alcohol and drug~~community addiction ~~program~~	40947
services provider that receives in a calendar year any fine moneys	40948
under division (H)(3) of this section shall file an annual report	40949
covering that calendar year with the court of common pleas and the	40950
board of county commissioners of the county in which the ~~program~~	40951
services provider is located, with the court of common pleas and	40952
the board of county commissioners of each county from which the	40953
~~program~~services provider received the moneys if that county is	40954
different from the county in which the ~~program~~services provider	40955
is located, and with the attorney general. The ~~alcohol and drug~~	40956
community addiction ~~program~~services provider shall file the	40957
report no later than the first day of March in the calendar year	40958
following the calendar year in which the ~~program~~services provider	40959
received the fine moneys. The report shall include statistics on	40960
the number of persons served by the ~~alcohol and drug~~community	40961
addiction ~~program~~services provider, identify the types of alcohol	40962
and drug addiction services provided to those persons, and include	40963
a specific accounting of the purposes for which the fine moneys	40964
received were used. No information contained in the report shall	40965
identify, or enable a person to determine the identity of, any	40966
person served by the ~~alcohol and drug~~community addiction ~~program~~	40967
services provider. Each report received by a court of common	40968
pleas, a board of county commissioners, or the attorney general is	40969
a public record open for inspection under section 149.43 of the	40970
Revised Code.	40971

(5) As used in divisions (H)(1) to (5) of this section:

40972

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	40973
provider" and "alcohol and drug addiction services" have the same	40974
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	40975

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	40976
services provider" means ~~an alcohol and drug~~a community addiction	40977
~~program~~services provider that is certified under section ~~3793.06~~	40978
5119.36 of the Revised Code or licensed under section ~~3793.11~~	40979
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	40980
~~addiction services~~mental health and addiction services.	40981

(I) As used in this section, "drug" includes any substance	40982
that is represented to be a drug.	40983

(J) It is an affirmative defense to a charge of trafficking	40984
in a controlled substance analog under division (C)(8) of this	40985
section that the person charged with violating that offense sold	40986
or offered to sell, or prepared for shipment, shipped,	40987
transported, delivered, prepared for distribution, or distributed	40988
an item described in division (HH)(2)(a), (b), or (c) of section	40989
3719.01 of the Revised Code.	40990

Sec. 2929.15. (A)(1) If in sentencing an offender for a	40991
felony the court is not required to impose a prison term, a	40992
mandatory prison term, or a term of life imprisonment upon the	40993
offender, the court may directly impose a sentence that consists	40994
of one or more community control sanctions authorized pursuant to	40995
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	40996
court is sentencing an offender for a fourth degree felony OVI	40997
offense under division (G)(1) of section 2929.13 of the Revised	40998
Code, in addition to the mandatory term of local incarceration	40999
imposed under that division and the mandatory fine required by	41000
division (B)(3) of section 2929.18 of the Revised Code, the court	41001
may impose upon the offender a community control sanction or	41002
combination of community control sanctions in accordance with	41003
sections 2929.16 and 2929.17 of the Revised Code. If the court is	41004
sentencing an offender for a third or fourth degree felony OVI	41005
offense under division (G)(2) of section 2929.13 of the Revised	41006
Code, in addition to the mandatory prison term or mandatory prison	41007
term and additional prison term imposed under that division, the	41008
court also may impose upon the offender a community control	41009
sanction or combination of community control sanctions under	41010
section 2929.16 or 2929.17 of the Revised Code, but the offender	41011
shall serve all of the prison terms so imposed prior to serving	41012
the community control sanction.	41013

The duration of all community control sanctions imposed upon	41014
an offender under this division shall not exceed five years. If	41015
the offender absconds or otherwise leaves the jurisdiction of the	41016
court in which the offender resides without obtaining permission	41017
from the court or the offender's probation officer to leave the	41018
jurisdiction of the court, or if the offender is confined in any	41019
institution for the commission of any offense while under a	41020
community control sanction, the period of the community control	41021
sanction ceases to run until the offender is brought before the	41022
court for its further action. If the court sentences the offender	41023
to one or more nonresidential sanctions under section 2929.17 of	41024
the Revised Code, the court shall impose as a condition of the	41025
nonresidential sanctions that, during the period of the sanctions,	41026
the offender must abide by the law and must not leave the state	41027
without the permission of the court or the offender's probation	41028
officer. The court may impose any other conditions of release	41029
under a community control sanction that the court considers	41030
appropriate, including, but not limited to, requiring that the	41031
offender not ingest or be injected with a drug of abuse and submit	41032
to random drug testing as provided in division (D) of this section	41033
to determine whether the offender ingested or was injected with a	41034
drug of abuse and requiring that the results of the drug test	41035
indicate that the offender did not ingest or was not injected with	41036
a drug of abuse.	41037

(2)(a) If a court sentences an offender to any community	41038
control sanction or combination of community control sanctions	41039
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	41040
Revised Code, the court shall place the offender under the general	41041
control and supervision of a department of probation in the county	41042
that serves the court for purposes of reporting to the court a	41043
violation of any condition of the sanctions, any condition of	41044
release under a community control sanction imposed by the court, a	41045
violation of law, or the departure of the offender from this state	41046
without the permission of the court or the offender's probation	41047
officer. Alternatively, if the offender resides in another county	41048
and a county department of probation has been established in that	41049
county or that county is served by a multicounty probation	41050
department established under section 2301.27 of the Revised Code,	41051
the court may request the court of common pleas of that county to	41052
receive the offender into the general control and supervision of	41053
that county or multicounty department of probation for purposes of	41054
reporting to the court a violation of any condition of the	41055
sanctions, any condition of release under a community control	41056
sanction imposed by the court, a violation of law, or the	41057
departure of the offender from this state without the permission	41058
of the court or the offender's probation officer, subject to the	41059
jurisdiction of the trial judge over and with respect to the	41060
person of the offender, and to the rules governing that department	41061
of probation.	41062

If there is no department of probation in the county that	41063
serves the court, the court shall place the offender, regardless	41064
of the offender's county of residence, under the general control	41065
and supervision of the adult parole authority for purposes of	41066
reporting to the court a violation of any of the sanctions, any	41067
condition of release under a community control sanction imposed by	41068
the court, a violation of law, or the departure of the offender	41069
from this state without the permission of the court or the	41070
offender's probation officer.	41071

(b) If the court imposing sentence upon an offender sentences	41072
the offender to any community control sanction or combination of	41073
community control sanctions authorized pursuant to section	41074
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	41075
offender violates any condition of the sanctions, any condition of	41076
release under a community control sanction imposed by the court,	41077
violates any law, or departs the state without the permission of	41078
the court or the offender's probation officer, the public or	41079
private person or entity that operates or administers the sanction	41080
or the program or activity that comprises the sanction shall	41081
report the violation or departure directly to the sentencing	41082
court, or shall report the violation or departure to the county or	41083
multicounty department of probation with general control and	41084
supervision over the offender under division (A)(2)(a) of this	41085
section or the officer of that department who supervises the	41086
offender, or, if there is no such department with general control	41087
and supervision over the offender under that division, to the	41088
adult parole authority. If the public or private person or entity	41089
that operates or administers the sanction or the program or	41090
activity that comprises the sanction reports the violation or	41091
departure to the county or multicounty department of probation or	41092
the adult parole authority, the department's or authority's	41093
officers may treat the offender as if the offender were on	41094
probation and in violation of the probation, and shall report the	41095
violation of the condition of the sanction, any condition of	41096
release under a community control sanction imposed by the court,	41097
the violation of law, or the departure from the state without the	41098
required permission to the sentencing court.	41099

(3) If an offender who is eligible for community control	41100
sanctions under this section admits to being drug addicted or the	41101
court has reason to believe that the offender is drug addicted,	41102
and if the offense for which the offender is being sentenced was	41103
related to the addiction, the court may require that the offender	41104
be assessed by a properly credentialed professional within a	41105
specified period of time and shall require the professional to	41106
file a written assessment of the offender with the court. If a	41107
court imposes treatment and recovery support services as a	41108
community control sanction, the court shall direct the level and	41109
type of treatment and recovery support services after	41110
consideration of the written assessment, if available at the time	41111
of sentencing, and recommendations of the professional and other	41112
treatment and recovery support services providers.	41113

(4) If an assessment completed pursuant to division (A)(3) of	41114
this section indicates that the offender is addicted to drugs or	41115
alcohol, the court may include in any community control sanction	41116
imposed for a violation of section 2925.02, 2925.03, 2925.04,	41117
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	41118
2925.37 of the Revised Code a requirement that the offender	41119
participate in a treatment and recovery support services program	41120
certified under section ~~3793.06~~5119.36 of the Revised Code or	41121
offered by another properly credentialed ~~program~~community	41122
addiction services provider.	41123

(B)(1) If the conditions of a community control sanction are	41124
violated or if the offender violates a law or leaves the state	41125
without the permission of the court or the offender's probation	41126
officer, the sentencing court may impose upon the violator one or	41127
more of the following penalties:	41128

(a) A longer time under the same sanction if the total time	41129
under the sanctions does not exceed the five-year limit specified	41130
in division (A) of this section;	41131

(b) A more restrictive sanction under section 2929.16,	41132
2929.17, or 2929.18 of the Revised Code;	41133

(c) A prison term on the offender pursuant to section 2929.14	41134
of the Revised Code.	41135

(2) The prison term, if any, imposed upon a violator pursuant	41136
to this division shall be within the range of prison terms	41137
available for the offense for which the sanction that was violated	41138
was imposed and shall not exceed the prison term specified in the	41139
notice provided to the offender at the sentencing hearing pursuant	41140
to division (B)(2) of section 2929.19 of the Revised Code. The	41141
court may reduce the longer period of time that the offender is	41142
required to spend under the longer sanction, the more restrictive	41143
sanction, or a prison term imposed pursuant to this division by	41144
the time the offender successfully spent under the sanction that	41145
was initially imposed.	41146

(C) If an offender, for a significant period of time,	41147
fulfills the conditions of a sanction imposed pursuant to section	41148
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	41149
manner, the court may reduce the period of time under the sanction	41150
or impose a less restrictive sanction, but the court shall not	41151
permit the offender to violate any law or permit the offender to	41152
leave the state without the permission of the court or the	41153
offender's probation officer.	41154

(D)(1) If a court under division (A)(1) of this section	41155
imposes a condition of release under a community control sanction	41156
that requires the offender to submit to random drug testing, the	41157
department of probation or the adult parole authority that has	41158
general control and supervision of the offender under division	41159
(A)(2)(a) of this section may cause the offender to submit to	41160
random drug testing performed by a laboratory or entity that has	41161
entered into a contract with any of the governmental entities or	41162
officers authorized to enter into a contract with that laboratory	41163
or entity under section 341.26, 753.33, or 5120.63 of the Revised	41164
Code.	41165

(2) If no laboratory or entity described in division (D)(1)	41166
of this section has entered into a contract as specified in that	41167
division, the department of probation or the adult parole	41168
authority that has general control and supervision of the offender	41169
under division (A)(2)(a) of this section shall cause the offender	41170
to submit to random drug testing performed by a reputable public	41171
laboratory to determine whether the individual who is the subject	41172
of the drug test ingested or was injected with a drug of abuse.	41173

(3) A laboratory or entity that has entered into a contract	41174
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	41175
shall perform the random drug tests under division (D)(1) of this	41176
section in accordance with the applicable standards that are	41177
included in the terms of that contract. A public laboratory shall	41178
perform the random drug tests under division (D)(2) of this	41179
section in accordance with the standards set forth in the policies	41180
and procedures established by the department of rehabilitation and	41181
correction pursuant to section 5120.63 of the Revised Code. An	41182
offender who is required under division (A)(1) of this section to	41183
submit to random drug testing as a condition of release under a	41184
community control sanction and whose test results indicate that	41185
the offender ingested or was injected with a drug of abuse shall	41186
pay the fee for the drug test if the department of probation or	41187
the adult parole authority that has general control and	41188
supervision of the offender requires payment of a fee. A	41189
laboratory or entity that performs the random drug testing on an	41190
offender under division (D)(1) or (2) of this section shall	41191
transmit the results of the drug test to the appropriate	41192
department of probation or the adult parole authority that has	41193
general control and supervision of the offender under division	41194
(A)(2)(a) of this section.	41195

Sec. 2930.01. As used in this chapter:

41196

(A) "Crime" means any of the following:

41197

(1) A felony;

41198

(2) A violation of section 2903.05, 2903.06, 2903.13,	41199
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	41200
Revised Code, a violation of section 2903.07 of the Revised Code	41201
as it existed prior to March 23, 2000, or a violation of a	41202
substantially equivalent municipal ordinance;	41203

(3) A violation of division (A) or (B) of section 4511.19,	41204
division (A) or (B) of section 1547.11, or division (A)(3) of	41205
section 4561.15 of the Revised Code or of a municipal ordinance	41206
substantially similar to any of those divisions that is the	41207
proximate cause of a vehicle, streetcar, trackless trolley,	41208
aquatic device, or aircraft accident in which the victim receives	41209
injuries for which the victim receives medical treatment either at	41210
the scene of the accident by emergency medical services personnel	41211
or at a hospital, ambulatory care facility, physician's office,	41212
specialist's office, or other medical care facility.	41213

(4) A motor vehicle accident to which both of the following	41214
apply:	41215

(a) The motor vehicle accident is caused by a violation of a	41216
provision of the Revised Code that is a misdemeanor of the first	41217
degree or higher.	41218

(b) As a result of the motor vehicle accident, the victim	41219
receives injuries for which the victim receives medical treatment	41220
either at the scene of the accident by emergency medical services	41221
personnel or at a hospital, ambulatory care facility, physician's	41222
office, specialist's office, or other medical care facility.	41223

(B) "Custodial agency" means one of the following:

41224

(1) The entity that has custody of a defendant or an alleged	41225
juvenile offender who is incarcerated for a crime, is under	41226
detention for the commission of a specified delinquent act, or who	41227
is detained after a finding of incompetence to stand trial or not	41228
guilty by reason of insanity relative to a crime, including any of	41229
the following:	41230

(a) The department of rehabilitation and correction or the	41231
adult parole authority;	41232

(b) A county sheriff;

41233

(c) The entity that administers a jail, as defined in section	41234
2929.01 of the Revised Code;	41235

(d) The entity that administers a community-based	41236
correctional facility and program or a district community-based	41237
correctional facility and program;	41238

(e) The department of ~~mental health~~mental health and	41239
addiction services or other entity to which a defendant found	41240
incompetent to stand trial or not guilty by reason of insanity is	41241
committed.	41242

(2) The entity that has custody of an alleged juvenile	41243
offender pursuant to an order of disposition of a juvenile court,	41244
including the department of youth services or a school, camp,	41245
institution, or other facility operated for the care of delinquent	41246
children.	41247

(C) "Defendant" means a person who is alleged to be the	41248
perpetrator of a crime in a police report or in a complaint,	41249
indictment, or information that charges the commission of a crime	41250
and that provides the basis for the criminal prosecution and	41251
subsequent proceedings to which this chapter makes reference.	41252

(D) "Member of the victim's family" means a spouse, child,	41253
stepchild, sibling, parent, stepparent, grandparent, or other	41254
relative of a victim but does not include a person who is charged	41255
with, convicted of, or adjudicated to be a delinquent child for	41256
the crime or specified delinquent act against the victim or	41257
another crime or specified delinquent act arising from the same	41258
conduct, criminal episode, or plan.	41259

(E) "Prosecutor" means one of the following:

41260

(1) With respect to a criminal case, it has the same meaning	41261
as in section 2935.01 of the Revised Code and also includes the	41262
attorney general and, when appropriate, the employees of any	41263
person listed in section 2935.01 of the Revised Code or of the	41264
attorney general.	41265

(2) With respect to a delinquency proceeding, it includes any	41266
person listed in division (C) of section 2935.01 of the Revised	41267
Code or an employee of a person listed in that division who	41268
prosecutes a delinquency proceeding.	41269

(F) "Public agency" means an office, agency, department,	41270
bureau, or other governmental entity of the state or of a	41271
political subdivision of the state.	41272

(G) "Public official" has the same meaning as in section	41273
2921.01 of the Revised Code.	41274

(H) "Victim" means either of the following:

41275

(1) A person who is identified as the victim of a crime or	41276
specified delinquent act in a police report or in a complaint,	41277
indictment, or information that charges the commission of a crime	41278
and that provides the basis for the criminal prosecution or	41279
delinquency proceeding and subsequent proceedings to which this	41280
chapter makes reference.	41281

(2) A person who receives injuries as a result of a vehicle,	41282
streetcar, trackless trolley, aquatic device, or aircraft accident	41283
that is proximately caused by a violation described in division	41284
(A)(3) of this section or a motor vehicle accident that is	41285
proximately caused by a violation described in division (A)(4) of	41286
this section and who receives medical treatment as described in	41287
division (A)(3) or (4) of this section, whichever is applicable.	41288

(I) "Victim's representative" means a member of the victim's	41289
family or another person who pursuant to the authority of section	41290
2930.02 of the Revised Code exercises the rights of a victim under	41291
this chapter.	41292

(J) "Court" means a court of common pleas, juvenile court,	41293
municipal court, or county court.	41294

(K) "Delinquency proceeding" means all proceedings in a	41295
juvenile court that are related to a case in which a complaint has	41296
been filed alleging that a child is a delinquent child.	41297

(L) "Case" means a delinquency proceeding and all related	41298
activity or a criminal prosecution and all related activity.	41299

(M) The "defense" means the defense against criminal charges	41300
in a criminal prosecution or the defense against a delinquent	41301
child complaint in a delinquency proceeding.	41302

(N) The "prosecution" means the prosecution of criminal	41303
charges in a criminal prosecution or the prosecution of a	41304
delinquent child complaint in a delinquency proceeding.	41305

(O) "Specified delinquent act" means any of the following:

41306

(1) An act committed by a child that if committed by an adult	41307
would be a felony;	41308

(2) An act committed by a child that is a violation of a	41309
section listed in division (A)(1) or (2) of this section or is a	41310
violation of a substantially equivalent municipal ordinance;	41311

(3) An act committed by a child that is described in division	41312
(A)(3) or (4) of this section.	41313

(P)(1) "Alleged juvenile offender" means a child who is	41314
alleged to have committed a specified delinquent act in a police	41315
report or in a complaint in juvenile court that charges the	41316
commission of a specified delinquent act and that provides the	41317
basis for the delinquency proceeding and all subsequent	41318
proceedings to which this chapter makes reference.	41319

(2) As used in divisions (O) and (P)(1) of this section,	41320
"child" has the same meaning as in section 2151.011 of the Revised	41321
Code.	41322

(Q) "Motor vehicle accident" means any accident involving a	41323
motor vehicle.	41324

(R) "Motor vehicle" has the same meaning as in section	41325
4509.01 of the Revised Code.	41326

(S) "Aircraft" has the same meaning as in section 4561.01 of	41327
the Revised Code.	41328

(T) "Aquatic device" means any vessel, or any water skis,	41329
aquaplane, or similar device.	41330

(U) "Vehicle," "streetcar," and "trackless trolley" have the	41331
same meanings as in section 4511.01 of the Revised Code.	41332

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	41333
or aircraft accident" means any accident involving a vehicle,	41334
streetcar, trackless trolley, aquatic device, or aircraft.	41335

(W) "Vessel" has the same meaning as in section 1547.01 of	41336
the Revised Code.	41337

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	41338
deputy marshal, municipal police officer, township constable,	41339
police officer of a township or joint police district, member of a	41340
police force employed by a metropolitan housing authority under	41341
division (D) of section 3735.31 of the Revised Code, member of a	41342
police force employed by a regional transit authority under	41343
division (Y) of section 306.35 of the Revised Code, state	41344
university law enforcement officer appointed under section 3345.04	41345
of the Revised Code, veterans' home police officer appointed under	41346
section 5907.02 of the Revised Code, special police officer	41347
employed by a port authority under section 4582.04 or 4582.28 of	41348
the Revised Code, or a special police officer employed by a	41349
municipal corporation at a municipal airport, or other municipal	41350
air navigation facility, that has scheduled operations, as defined	41351
in section 119.3 of Title 14 of the Code of Federal Regulations,	41352
14 C.F.R. 119.3, as amended, and that is required to be under a	41353
security program and is governed by aviation security rules of the	41354
transportation security administration of the United States	41355
department of transportation as provided in Parts 1542. and 1544.	41356
of Title 49 of the Code of Federal Regulations, as amended, shall	41357
arrest and detain, until a warrant can be obtained, a person found	41358
violating, within the limits of the political subdivision,	41359
metropolitan housing authority housing project, regional transit	41360
authority facilities or areas of a municipal corporation that have	41361
been agreed to by a regional transit authority and a municipal	41362
corporation located within its territorial jurisdiction, college,	41363
university, veterans' home operated under Chapter 5907. of the	41364
Revised Code, port authority, or municipal airport or other	41365
municipal air navigation facility, in which the peace officer is	41366
appointed, employed, or elected, a law of this state, an ordinance	41367
of a municipal corporation, or a resolution of a township.	41368

(2) A peace officer of the department of natural resources, a	41369
state fire marshal law enforcement officer described in division	41370
(A)(23) of section 109.71 of the Revised Code, or an individual	41371
designated to perform law enforcement duties under section	41372
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	41373
detain, until a warrant can be obtained, a person found violating,	41374
within the limits of the peace officer's, state fire marshal law	41375
enforcement officer's, or individual's territorial jurisdiction, a	41376
law of this state.	41377

(3) The house sergeant at arms, if the house sergeant at arms	41378
has arrest authority pursuant to division (E)(1) of section	41379
101.311 of the Revised Code, and an assistant house sergeant at	41380
arms shall arrest and detain, until a warrant can be obtained, a	41381
person found violating, within the limits of the sergeant at	41382
arms's or assistant sergeant at arms's territorial jurisdiction	41383
specified in division (D)(1)(a) of section 101.311 of the Revised	41384
Code or while providing security pursuant to division (D)(1)(f) of	41385
section 101.311 of the Revised Code, a law of this state, an	41386
ordinance of a municipal corporation, or a resolution of a	41387
township.	41388

(4) The senate sergeant at arms and an assistant senate	41389
sergeant at arms shall arrest and detain, until a warrant can be	41390
obtained, a person found violating, within the limits of the	41391
sergeant at arms's or assistant sergeant at arms's territorial	41392
jurisdiction specified in division (B) of section 101.312 of the	41393
Revised Code, a law of this state, an ordinance of a municipal	41394
corporation, or a resolution of a township.	41395

(B)(1) When there is reasonable ground to believe that an	41396
offense of violence, the offense of criminal child enticement as	41397
defined in section 2905.05 of the Revised Code, the offense of	41398
public indecency as defined in section 2907.09 of the Revised	41399
Code, the offense of domestic violence as defined in section	41400
2919.25 of the Revised Code, the offense of violating a protection	41401
order as defined in section 2919.27 of the Revised Code, the	41402
offense of menacing by stalking as defined in section 2903.211 of	41403
the Revised Code, the offense of aggravated trespass as defined in	41404
section 2911.211 of the Revised Code, a theft offense as defined	41405
in section 2913.01 of the Revised Code, or a felony drug abuse	41406
offense as defined in section 2925.01 of the Revised Code, has	41407
been committed within the limits of the political subdivision,	41408
metropolitan housing authority housing project, regional transit	41409
authority facilities or those areas of a municipal corporation	41410
that have been agreed to by a regional transit authority and a	41411
municipal corporation located within its territorial jurisdiction,	41412
college, university, veterans' home operated under Chapter 5907.	41413
of the Revised Code, port authority, or municipal airport or other	41414
municipal air navigation facility, in which the peace officer is	41415
appointed, employed, or elected or within the limits of the	41416
territorial jurisdiction of the peace officer, a peace officer	41417
described in division (A) of this section may arrest and detain	41418
until a warrant can be obtained any person who the peace officer	41419
has reasonable cause to believe is guilty of the violation.	41420

(2) For purposes of division (B)(1) of this section, the	41421
execution of any of the following constitutes reasonable ground to	41422
believe that the offense alleged in the statement was committed	41423
and reasonable cause to believe that the person alleged in the	41424
statement to have committed the offense is guilty of the	41425
violation:	41426

(a) A written statement by a person alleging that an alleged	41427
offender has committed the offense of menacing by stalking or	41428
aggravated trespass;	41429

(b) A written statement by the administrator of the	41430
interstate compact on mental health appointed under section	41431
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	41432
been hospitalized, institutionalized, or confined in any facility	41433
under an order made pursuant to or under authority of section	41434
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	41435
2945.402 of the Revised Code has escaped from the facility, from	41436
confinement in a vehicle for transportation to or from the	41437
facility, or from supervision by an employee of the facility that	41438
is incidental to hospitalization, institutionalization, or	41439
confinement in the facility and that occurs outside of the	41440
facility, in violation of section 2921.34 of the Revised Code;	41441

(c) A written statement by the administrator of any facility	41442
in which a person has been hospitalized, institutionalized, or	41443
confined under an order made pursuant to or under authority of	41444
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	41445
2945.402 of the Revised Code alleging that the person has escaped	41446
from the facility, from confinement in a vehicle for	41447
transportation to or from the facility, or from supervision by an	41448
employee of the facility that is incidental to hospitalization,	41449
institutionalization, or confinement in the facility and that	41450
occurs outside of the facility, in violation of section 2921.34 of	41451
the Revised Code.	41452

(3)(a) For purposes of division (B)(1) of this section, a	41453
peace officer described in division (A) of this section has	41454
reasonable grounds to believe that the offense of domestic	41455
violence or the offense of violating a protection order has been	41456
committed and reasonable cause to believe that a particular person	41457
is guilty of committing the offense if any of the following	41458
occurs:	41459

(i) A person executes a written statement alleging that the	41460
person in question has committed the offense of domestic violence	41461
or the offense of violating a protection order against the person	41462
who executes the statement or against a child of the person who	41463
executes the statement.	41464

(ii) No written statement of the type described in division	41465
(B)(3)(a)(i) of this section is executed, but the peace officer,	41466
based upon the peace officer's own knowledge and observation of	41467
the facts and circumstances of the alleged incident of the offense	41468
of domestic violence or the alleged incident of the offense of	41469
violating a protection order or based upon any other information,	41470
including, but not limited to, any reasonably trustworthy	41471
information given to the peace officer by the alleged victim of	41472
the alleged incident of the offense or any witness of the alleged	41473
incident of the offense, concludes that there are reasonable	41474
grounds to believe that the offense of domestic violence or the	41475
offense of violating a protection order has been committed and	41476
reasonable cause to believe that the person in question is guilty	41477
of committing the offense.	41478

(iii) No written statement of the type described in division	41479
(B)(3)(a)(i) of this section is executed, but the peace officer	41480
witnessed the person in question commit the offense of domestic	41481
violence or the offense of violating a protection order.	41482

(b) If pursuant to division (B)(3)(a) of this section a peace	41483
officer has reasonable grounds to believe that the offense of	41484
domestic violence or the offense of violating a protection order	41485
has been committed and reasonable cause to believe that a	41486
particular person is guilty of committing the offense, it is the	41487
preferred course of action in this state that the officer arrest	41488
and detain that person pursuant to division (B)(1) of this section	41489
until a warrant can be obtained.	41490

If pursuant to division (B)(3)(a) of this section a peace	41491
officer has reasonable grounds to believe that the offense of	41492
domestic violence or the offense of violating a protection order	41493
has been committed and reasonable cause to believe that family or	41494
household members have committed the offense against each other,	41495
it is the preferred course of action in this state that the	41496
officer, pursuant to division (B)(1) of this section, arrest and	41497
detain until a warrant can be obtained the family or household	41498
member who committed the offense and whom the officer has	41499
reasonable cause to believe is the primary physical aggressor.	41500
There is no preferred course of action in this state regarding any	41501
other family or household member who committed the offense and	41502
whom the officer does not have reasonable cause to believe is the	41503
primary physical aggressor, but, pursuant to division (B)(1) of	41504
this section, the peace officer may arrest and detain until a	41505
warrant can be obtained any other family or household member who	41506
committed the offense and whom the officer does not have	41507
reasonable cause to believe is the primary physical aggressor.	41508

(c) If a peace officer described in division (A) of this	41509
section does not arrest and detain a person whom the officer has	41510
reasonable cause to believe committed the offense of domestic	41511
violence or the offense of violating a protection order when it is	41512
the preferred course of action in this state pursuant to division	41513
(B)(3)(b) of this section that the officer arrest that person, the	41514
officer shall articulate in the written report of the incident	41515
required by section 2935.032 of the Revised Code a clear statement	41516
of the officer's reasons for not arresting and detaining that	41517
person until a warrant can be obtained.	41518

(d) In determining for purposes of division (B)(3)(b) of this	41519
section which family or household member is the primary physical	41520
aggressor in a situation in which family or household members have	41521
committed the offense of domestic violence or the offense of	41522
violating a protection order against each other, a peace officer	41523
described in division (A) of this section, in addition to any	41524
other relevant circumstances, should consider all of the	41525
following:	41526

(i) Any history of domestic violence or of any other violent	41527
acts by either person involved in the alleged offense that the	41528
officer reasonably can ascertain;	41529

(ii) If violence is alleged, whether the alleged violence was	41530
caused by a person acting in self-defense;	41531

(iii) Each person's fear of physical harm, if any, resulting	41532
from the other person's threatened use of force against any person	41533
or resulting from the other person's use or history of the use of	41534
force against any person, and the reasonableness of that fear;	41535

(iv) The comparative severity of any injuries suffered by the	41536
persons involved in the alleged offense.	41537

(e)(i) A peace officer described in division (A) of this	41538
section shall not require, as a prerequisite to arresting or	41539
charging a person who has committed the offense of domestic	41540
violence or the offense of violating a protection order, that the	41541
victim of the offense specifically consent to the filing of	41542
charges against the person who has committed the offense or sign a	41543
complaint against the person who has committed the offense.	41544

(ii) If a person is arrested for or charged with committing	41545
the offense of domestic violence or the offense of violating a	41546
protection order and if the victim of the offense does not	41547
cooperate with the involved law enforcement or prosecuting	41548
authorities in the prosecution of the offense or, subsequent to	41549
the arrest or the filing of the charges, informs the involved law	41550
enforcement or prosecuting authorities that the victim does not	41551
wish the prosecution of the offense to continue or wishes to drop	41552
charges against the alleged offender relative to the offense, the	41553
involved prosecuting authorities, in determining whether to	41554
continue with the prosecution of the offense or whether to dismiss	41555
charges against the alleged offender relative to the offense and	41556
notwithstanding the victim's failure to cooperate or the victim's	41557
wishes, shall consider all facts and circumstances that are	41558
relevant to the offense, including, but not limited to, the	41559
statements and observations of the peace officers who responded to	41560
the incident that resulted in the arrest or filing of the charges	41561
and of all witnesses to that incident.	41562

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	41563
this section whether to arrest a person pursuant to division	41564
(B)(1) of this section, a peace officer described in division (A)	41565
of this section shall not consider as a factor any possible	41566
shortage of cell space at the detention facility to which the	41567
person will be taken subsequent to the person's arrest or any	41568
possibility that the person's arrest might cause, contribute to,	41569
or exacerbate overcrowding at that detention facility or at any	41570
other detention facility.	41571

(g) If a peace officer described in division (A) of this	41572
section intends pursuant to divisions (B)(3)(a) to (g) of this	41573
section to arrest a person pursuant to division (B)(1) of this	41574
section and if the officer is unable to do so because the person	41575
is not present, the officer promptly shall seek a warrant for the	41576
arrest of the person.	41577

(h) If a peace officer described in division (A) of this	41578
section responds to a report of an alleged incident of the offense	41579
of domestic violence or an alleged incident of the offense of	41580
violating a protection order and if the circumstances of the	41581
incident involved the use or threatened use of a deadly weapon or	41582
any person involved in the incident brandished a deadly weapon	41583
during or in relation to the incident, the deadly weapon that was	41584
used, threatened to be used, or brandished constitutes contraband,	41585
and, to the extent possible, the officer shall seize the deadly	41586
weapon as contraband pursuant to Chapter 2981. of the Revised	41587
Code. Upon the seizure of a deadly weapon pursuant to division	41588
(B)(3)(h) of this section, section 2981.12 of the Revised Code	41589
shall apply regarding the treatment and disposition of the deadly	41590
weapon. For purposes of that section, the "underlying criminal	41591
offense" that was the basis of the seizure of a deadly weapon	41592
under division (B)(3)(h) of this section and to which the deadly	41593
weapon had a relationship is any of the following that is	41594
applicable:	41595

(i) The alleged incident of the offense of domestic violence	41596
or the alleged incident of the offense of violating a protection	41597
order to which the officer who seized the deadly weapon responded;	41598

(ii) Any offense that arose out of the same facts and	41599
circumstances as the report of the alleged incident of the offense	41600
of domestic violence or the alleged incident of the offense of	41601
violating a protection order to which the officer who seized the	41602
deadly weapon responded.	41603

(4) If, in the circumstances described in divisions (B)(3)(a)	41604
to (g) of this section, a peace officer described in division (A)	41605
of this section arrests and detains a person pursuant to division	41606
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	41607
this section, a peace officer described in division (A) of this	41608
section seizes a deadly weapon, the officer, to the extent	41609
described in and in accordance with section 9.86 or 2744.03 of the	41610
Revised Code, is immune in any civil action for damages for	41611
injury, death, or loss to person or property that arises from or	41612
is related to the arrest and detention or the seizure.	41613

(C) When there is reasonable ground to believe that a	41614
violation of division (A)(1), (2), (3), (4), or (5) of section	41615
4506.15 or a violation of section 4511.19 of the Revised Code has	41616
been committed by a person operating a motor vehicle subject to	41617
regulation by the public utilities commission of Ohio under Title	41618
XLIX of the Revised Code, a peace officer with authority to	41619
enforce that provision of law may stop or detain the person whom	41620
the officer has reasonable cause to believe was operating the	41621
motor vehicle in violation of the division or section and, after	41622
investigating the circumstances surrounding the operation of the	41623
vehicle, may arrest and detain the person.	41624

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	41625
municipal police officer, member of a police force employed by a	41626
metropolitan housing authority under division (D) of section	41627
3735.31 of the Revised Code, member of a police force employed by	41628
a regional transit authority under division (Y) of section 306.35	41629
of the Revised Code, special police officer employed by a port	41630
authority under section 4582.04 or 4582.28 of the Revised Code,	41631
special police officer employed by a municipal corporation at a	41632
municipal airport or other municipal air navigation facility	41633
described in division (A) of this section, township constable,	41634
police officer of a township or joint police district, state	41635
university law enforcement officer appointed under section 3345.04	41636
of the Revised Code, peace officer of the department of natural	41637
resources, individual designated to perform law enforcement duties	41638
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	41639
the house sergeant at arms if the house sergeant at arms has	41640
arrest authority pursuant to division (E)(1) of section 101.311 of	41641
the Revised Code, or an assistant house sergeant at arms is	41642
authorized by division (A) or (B) of this section to arrest and	41643
detain, within the limits of the political subdivision,	41644
metropolitan housing authority housing project, regional transit	41645
authority facilities or those areas of a municipal corporation	41646
that have been agreed to by a regional transit authority and a	41647
municipal corporation located within its territorial jurisdiction,	41648
port authority, municipal airport or other municipal air	41649
navigation facility, college, or university in which the officer	41650
is appointed, employed, or elected or within the limits of the	41651
territorial jurisdiction of the peace officer, a person until a	41652
warrant can be obtained, the peace officer, outside the limits of	41653
that territory, may pursue, arrest, and detain that person until a	41654
warrant can be obtained if all of the following apply:	41655

(1) The pursuit takes place without unreasonable delay after	41656
the offense is committed;	41657

(2) The pursuit is initiated within the limits of the	41658
political subdivision, metropolitan housing authority housing	41659
project, regional transit authority facilities or those areas of a	41660
municipal corporation that have been agreed to by a regional	41661
transit authority and a municipal corporation located within its	41662
territorial jurisdiction, port authority, municipal airport or	41663
other municipal air navigation facility, college, or university in	41664
which the peace officer is appointed, employed, or elected or	41665
within the limits of the territorial jurisdiction of the peace	41666
officer;	41667

(3) The offense involved is a felony, a misdemeanor of the	41668
first degree or a substantially equivalent municipal ordinance, a	41669
misdemeanor of the second degree or a substantially equivalent	41670
municipal ordinance, or any offense for which points are	41671
chargeable pursuant to section 4510.036 of the Revised Code.	41672

(E) In addition to the authority granted under division (A)	41673
or (B) of this section:	41674

(1) A sheriff or deputy sheriff may arrest and detain, until	41675
a warrant can be obtained, any person found violating section	41676
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	41677
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	41678
portion of any street or highway that is located immediately	41679
adjacent to the boundaries of the county in which the sheriff or	41680
deputy sheriff is elected or appointed.	41681

(2) A member of the police force of a township police	41682
district created under section 505.48 of the Revised Code, a	41683
member of the police force of a joint police district created	41684
under section 505.482 of the Revised Code, or a township constable	41685
appointed in accordance with section 509.01 of the Revised Code,	41686
who has received a certificate from the Ohio peace officer	41687
training commission under section 109.75 of the Revised Code, may	41688
arrest and detain, until a warrant can be obtained, any person	41689
found violating any section or chapter of the Revised Code listed	41690
in division (E)(1) of this section, other than sections 4513.33	41691
and 4513.34 of the Revised Code, on the portion of any street or	41692
highway that is located immediately adjacent to the boundaries of	41693
the township police district or joint police district, in the case	41694
of a member of a township police district or joint police district	41695
police force, or the unincorporated territory of the township, in	41696
the case of a township constable. However, if the population of	41697
the township that created the township police district served by	41698
the member's police force, or the townships and municipal	41699
corporations that created the joint police district served by the	41700
member's police force, or the township that is served by the	41701
township constable, is sixty thousand or less, the member of the	41702
township police district or joint police district police force or	41703
the township constable may not make an arrest under division	41704
(E)(2) of this section on a state highway that is included as part	41705
of the interstate system.	41706

(3) A police officer or village marshal appointed, elected,	41707
or employed by a municipal corporation may arrest and detain,	41708
until a warrant can be obtained, any person found violating any	41709
section or chapter of the Revised Code listed in division (E)(1)	41710
of this section on the portion of any street or highway that is	41711
located immediately adjacent to the boundaries of the municipal	41712
corporation in which the police officer or village marshal is	41713
appointed, elected, or employed.	41714

(4) A peace officer of the department of natural resources, a	41715
state fire marshal law enforcement officer described in division	41716
(A)(23) of section 109.71 of the Revised Code, or an individual	41717
designated to perform law enforcement duties under section	41718
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	41719
detain, until a warrant can be obtained, any person found	41720
violating any section or chapter of the Revised Code listed in	41721
division (E)(1) of this section, other than sections 4513.33 and	41722
4513.34 of the Revised Code, on the portion of any street or	41723
highway that is located immediately adjacent to the boundaries of	41724
the lands and waters that constitute the territorial jurisdiction	41725
of the peace officer or state fire marshal law enforcement	41726
officer.	41727

(F)(1) A department of ~~mental health~~mental health and	41728
addiction services special police officer or a department of	41729
developmental disabilities special police officer may arrest	41730
without a warrant and detain until a warrant can be obtained any	41731
person found committing on the premises of any institution under	41732
the jurisdiction of the particular department a misdemeanor under	41733
a law of the state.	41734

A department of ~~mental health~~mental health and addiction	41735
services special police officer or a department of developmental	41736
disabilities special police officer may arrest without a warrant	41737
and detain until a warrant can be obtained any person who has been	41738
hospitalized, institutionalized, or confined in an institution	41739
under the jurisdiction of the particular department pursuant to or	41740
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	41741
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	41742
found committing on the premises of any institution under the	41743
jurisdiction of the particular department a violation of section	41744
2921.34 of the Revised Code that involves an escape from the	41745
premises of the institution.	41746

(2)(a) If a department of ~~mental health~~mental health and	41747
addiction services special police officer or a department of	41748
developmental disabilities special police officer finds any person	41749
who has been hospitalized, institutionalized, or confined in an	41750
institution under the jurisdiction of the particular department	41751
pursuant to or under authority of section 2945.37, 2945.371,	41752
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	41753
Code committing a violation of section 2921.34 of the Revised Code	41754
that involves an escape from the premises of the institution, or	41755
if there is reasonable ground to believe that a violation of	41756
section 2921.34 of the Revised Code has been committed that	41757
involves an escape from the premises of an institution under the	41758
jurisdiction of the department of ~~mental health~~mental health and	41759
addiction services or the department of developmental disabilities	41760
and if a department of ~~mental health~~mental health and addiction	41761
services special police officer or a department of developmental	41762
disabilities special police officer has reasonable cause to	41763
believe that a particular person who has been hospitalized,	41764
institutionalized, or confined in the institution pursuant to or	41765
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	41766
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	41767
the violation, the special police officer, outside of the premises	41768
of the institution, may pursue, arrest, and detain that person for	41769
that violation of section 2921.34 of the Revised Code, until a	41770
warrant can be obtained, if both of the following apply:	41771

(i) The pursuit takes place without unreasonable delay after	41772
the offense is committed;	41773

(ii) The pursuit is initiated within the premises of the	41774
institution from which the violation of section 2921.34 of the	41775
Revised Code occurred.	41776

(b) For purposes of division (F)(2)(a) of this section, the	41777
execution of a written statement by the administrator of the	41778
institution in which a person had been hospitalized,	41779
institutionalized, or confined pursuant to or under authority of	41780
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	41781
2945.402 of the Revised Code alleging that the person has escaped	41782
from the premises of the institution in violation of section	41783
2921.34 of the Revised Code constitutes reasonable ground to	41784
believe that the violation was committed and reasonable cause to	41785
believe that the person alleged in the statement to have committed	41786
the offense is guilty of the violation.	41787

(G) As used in this section:

41788

(1) A "department of ~~mental health~~mental health and	41789
addiction services special police officer" means a special police	41790
officer of the department of ~~mental health~~mental health and	41791
addiction services designated under section ~~5119.14~~5119.08 of the	41792
Revised Code who is certified by the Ohio peace officer training	41793
commission under section 109.77 of the Revised Code as having	41794
successfully completed an approved peace officer basic training	41795
program.	41796

(2) A "department of developmental disabilities special	41797
police officer" means a special police officer of the department	41798
of developmental disabilities designated under section 5123.13 of	41799
the Revised Code who is certified by the Ohio peace officer	41800
training council under section 109.77 of the Revised Code as	41801
having successfully completed an approved peace officer basic	41802
training program.	41803

(3) "Deadly weapon" has the same meaning as in section	41804
2923.11 of the Revised Code.	41805

(4) "Family or household member" has the same meaning as in	41806
section 2919.25 of the Revised Code.	41807

(5) "Street" or "highway" has the same meaning as in section	41808
4511.01 of the Revised Code.	41809

(6) "Interstate system" has the same meaning as in section	41810
5516.01 of the Revised Code.	41811

(7) "Peace officer of the department of natural resources"	41812
means an employee of the department of natural resources who is a	41813
natural resources law enforcement staff officer designated	41814
pursuant to section 1501.013 of the Revised Code, a forest officer	41815
designated pursuant to section 1503.29 of the Revised Code, a	41816
preserve officer designated pursuant to section 1517.10 of the	41817
Revised Code, a wildlife officer designated pursuant to section	41818
1531.13 of the Revised Code, a park officer designated pursuant to	41819
section 1541.10 of the Revised Code, or a state watercraft officer	41820
designated pursuant to section 1547.521 of the Revised Code.	41821

(8) "Portion of any street or highway" means all lanes of the	41822
street or highway irrespective of direction of travel, including	41823
designated turn lanes, and any berm, median, or shoulder.	41824

Sec. 2935.33. (A) If a person charged with a misdemeanor is	41825
taken before a judge of a court of record and if it appears to the	41826
judge that the person is an alcoholic or is suffering from acute	41827
alcohol intoxication and that the person would benefit from	41828
services provided by ~~an alcohol and drug~~a community addiction	41829
~~program~~services provider certified under Chapter ~~3793.~~5119. of	41830
the Revised Code, the judge may place the person temporarily in a	41831
~~program~~services provider certified under that chapter in the area	41832
in which the court has jurisdiction for inpatient care and	41833
treatment for an indefinite period not exceeding five days. The	41834
commitment does not limit the right to release on bail. The judge	41835
may dismiss a charge of a violation of division (B) of section	41836
2917.11 of the Revised Code or of a municipal ordinance	41837
substantially equivalent to that division if the defendant	41838
complies with all the conditions of treatment ordered by the	41839
court.	41840

The court may order that any fines or court costs collected	41841
by the court from defendants who have received inpatient care from	41842
~~an alcohol and drug~~a community addiction ~~program~~services	41843
provider be paid, for the benefit of the program, to the board of	41844
alcohol, drug addiction, and mental health services of the	41845
alcohol, drug addiction, and mental health service district in	41846
which the ~~program~~services provider is located or to the director	41847
of ~~alcohol and drug addiction services~~mental health and addiction	41848
services.	41849

(B) If a person is being sentenced for a violation of	41850
division (B) of section 2917.11 or section 4511.19 of the Revised	41851
Code, a misdemeanor violation of section 2919.25 of the Revised	41852
Code, a misdemeanor violation of section 2919.27 of the Revised	41853
Code involving a protection order issued or consent agreement	41854
approved pursuant to section 2919.26 or 3113.31 of the Revised	41855
Code, or a violation of a municipal ordinance substantially	41856
equivalent to that division or any of those sections and if it	41857
appears to the judge at the time of sentencing that the person is	41858
an alcoholic or is suffering from acute alcohol intoxication and	41859
that, in lieu of imprisonment, the person would benefit from	41860
services provided by ~~an alcohol and drug~~a community addiction	41861
~~program~~services provider certified under Chapter ~~3793.~~5119. of	41862
the Revised Code, the court may commit the person to close	41863
supervision in any facility in the area in which the court has	41864
jurisdiction that is, or is operated by, such a ~~program~~services	41865
provider. Such close supervision may include outpatient services	41866
and part-time release, except that a person convicted of a	41867
violation of division (A) of section 4511.19 of the Revised Code	41868
shall be confined to the facility for at least three days and	41869
except that a person convicted of a misdemeanor violation of	41870
section 2919.25 of the Revised Code, a misdemeanor violation of	41871
section 2919.27 of the Revised Code involving a protection order	41872
issued or consent agreement approved pursuant to section 2919.26	41873
or 3113.31 of the Revised Code, or a violation of a substantially	41874
equivalent municipal ordinance shall be confined to the facility	41875
in accordance with the order of commitment. A commitment of a	41876
person to a facility for purposes of close supervision shall not	41877
exceed the maximum term for which the person could be imprisoned.	41878

(C) A law enforcement officer who finds a person subject to	41879
prosecution for violation of division (B) of section 2917.11 of	41880
the Revised Code or a municipal ordinance substantially equivalent	41881
to that division and who has reasonable cause to believe that the	41882
person is an alcoholic or is suffering from acute alcohol	41883
intoxication and would benefit from immediate treatment	41884
immediately may place the person in ~~an alcohol and drug~~a	41885
community addiction ~~program~~services provider certified under	41886
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	41887
person is found, for emergency treatment, in lieu of other arrest	41888
procedures, for a maximum period of forty-eight hours. During that	41889
time, if the person desires to leave such custody, the person	41890
shall be released forthwith.	41891

(D) As used in this section:

41892

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	41893
5119.01 of the Revised Code;	41894

(2) "Acute alcohol intoxication" means a heavy consumption of	41895
alcohol over a relatively short period of time, resulting in	41896
dysfunction of the brain centers controlling behavior, speech, and	41897
memory and causing characteristic withdrawal symptoms.	41898

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	41899
the Revised Code:	41900

(1) "Prosecutor" means a prosecuting attorney or a city	41901
director of law, village solicitor, or similar chief legal officer	41902
of a municipal corporation who has authority to prosecute a	41903
criminal case that is before the court or the criminal case in	41904
which a defendant in a criminal case has been found incompetent to	41905
stand trial or not guilty by reason of insanity.	41906

(2) "Examiner" means either of the following:

41907

(a) A psychiatrist or a licensed clinical psychologist who	41908
satisfies the criteria of division (I)(1) of section 5122.01 of	41909
the Revised Code or is employed by a certified forensic center	41910
designated by the department of ~~mental health~~mental health and	41911
addiction services to conduct examinations or evaluations.	41912

(b) For purposes of a separate mental retardation evaluation	41913
that is ordered by a court pursuant to division (H) of section	41914
2945.371 of the Revised Code, a psychologist designated by the	41915
director of developmental disabilities pursuant to that section to	41916
conduct that separate mental retardation evaluation.	41917

(3) "Nonsecured status" means any unsupervised, off-grounds	41918
movement or trial visit from a hospital or institution, or any	41919
conditional release, that is granted to a person who is found	41920
incompetent to stand trial and is committed pursuant to section	41921
2945.39 of the Revised Code or to a person who is found not guilty	41922
by reason of insanity and is committed pursuant to section 2945.40	41923
of the Revised Code.	41924

(4) "Unsupervised, off-grounds movement" includes only	41925
off-grounds privileges that are unsupervised and that have an	41926
expectation of return to the hospital or institution on a daily	41927
basis.	41928

(5) "Trial visit" means a patient privilege of a longer	41929
stated duration of unsupervised community contact with an	41930
expectation of return to the hospital or institution at designated	41931
times.	41932

(6) "Conditional release" means a commitment status under	41933
which the trial court at any time may revoke a person's	41934
conditional release and order the rehospitalization or	41935
reinstitutionalization of the person as described in division (A)	41936
of section 2945.402 of the Revised Code and pursuant to which a	41937
person who is found incompetent to stand trial or a person who is	41938
found not guilty by reason of insanity lives and receives	41939
treatment in the community for a period of time that does not	41940
exceed the maximum prison term or term of imprisonment that the	41941
person could have received for the offense in question had the	41942
person been convicted of the offense instead of being found	41943
incompetent to stand trial on the charge of the offense or being	41944
found not guilty by reason of insanity relative to the offense.	41945

(7) "Licensed clinical psychologist," "mentally ill person	41946
subject to hospitalization by court order," and "psychiatrist"	41947
have the same meanings as in section 5122.01 of the Revised Code.	41948

(8) "Mentally retarded person subject to institutionalization	41949
by court order" has the same meaning as in section 5123.01 of the	41950
Revised Code.	41951

(B) In a criminal action in a court of common pleas, a county	41952
court, or a municipal court, the court, prosecutor, or defense may	41953
raise the issue of the defendant's competence to stand trial. If	41954
the issue is raised before the trial has commenced, the court	41955
shall hold a hearing on the issue as provided in this section. If	41956
the issue is raised after the trial has commenced, the court shall	41957
hold a hearing on the issue only for good cause shown or on the	41958
court's own motion.	41959

(C) The court shall conduct the hearing required or	41960
authorized under division (B) of this section within thirty days	41961
after the issue is raised, unless the defendant has been referred	41962
for evaluation in which case the court shall conduct the hearing	41963
within ten days after the filing of the report of the evaluation	41964
or, in the case of a defendant who is ordered by the court	41965
pursuant to division (H) of section 2945.371 of the Revised Code	41966
to undergo a separate mental retardation evaluation conducted by a	41967
psychologist designated by the director of developmental	41968
disabilities, within ten days after the filing of the report of	41969
the separate mental retardation evaluation under that division. A	41970
hearing may be continued for good cause.	41971

(D) The defendant shall be represented by counsel at the	41972
hearing conducted under division (C) of this section. If the	41973
defendant is unable to obtain counsel, the court shall appoint	41974
counsel under Chapter 120. of the Revised Code or under the	41975
authority recognized in division (C) of section 120.06, division	41976
(E) of section 120.16, division (E) of section 120.26, or section	41977
2941.51 of the Revised Code before proceeding with the hearing.	41978

(E) The prosecutor and defense counsel may submit evidence on	41979
the issue of the defendant's competence to stand trial. A written	41980
report of the evaluation of the defendant may be admitted into	41981
evidence at the hearing by stipulation, but, if either the	41982
prosecution or defense objects to its admission, the report may be	41983
admitted under sections 2317.36 to 2317.38 of the Revised Code or	41984
any other applicable statute or rule.	41985

(F) The court shall not find a defendant incompetent to stand	41986
trial solely because the defendant is receiving or has received	41987
treatment as a voluntary or involuntary mentally ill patient under	41988
Chapter 5122. or a voluntary or involuntary mentally retarded	41989
resident under Chapter 5123. of the Revised Code or because the	41990
defendant is receiving or has received psychotropic drugs or other	41991
medication, even if the defendant might become incompetent to	41992
stand trial without the drugs or medication.	41993

(G) A defendant is presumed to be competent to stand trial.	41994
If, after a hearing, the court finds by a preponderance of the	41995
evidence that, because of the defendant's present mental	41996
condition, the defendant is incapable of understanding the nature	41997
and objective of the proceedings against the defendant or of	41998
assisting in the defendant's defense, the court shall find the	41999
defendant incompetent to stand trial and shall enter an order	42000
authorized by section 2945.38 of the Revised Code.	42001

(H) Municipal courts shall follow the procedures set forth in	42002
sections 2945.37 to 2945.402 of the Revised Code. Except as	42003
provided in section 2945.371 of the Revised Code, a municipal	42004
court shall not order an evaluation of the defendant's competence	42005
to stand trial or the defendant's mental condition at the time of	42006
the commission of the offense to be conducted at any hospital	42007
operated by the department of ~~mental health~~mental health and	42008
addiction services. Those evaluations shall be performed through	42009
community resources including, but not limited to, certified	42010
forensic centers, court probation departments, and community	42011
mental health ~~agencies~~services providers. All expenses of the	42012
evaluations shall be borne by the legislative authority of the	42013
municipal court, as defined in section 1901.03 of the Revised	42014
Code, and shall be taxed as costs in the case. If a defendant is	42015
found incompetent to stand trial or not guilty by reason of	42016
insanity, a municipal court may commit the defendant as provided	42017
in sections 2945.38 to 2945.402 of the Revised Code.	42018

Sec. 2945.371. (A) If the issue of a defendant's competence	42019
to stand trial is raised or if a defendant enters a plea of not	42020
guilty by reason of insanity, the court may order one or more	42021
evaluations of the defendant's present mental condition or, in the	42022
case of a plea of not guilty by reason of insanity, of the	42023
defendant's mental condition at the time of the offense charged.	42024
An examiner shall conduct the evaluation.	42025

(B) If the court orders more than one evaluation under	42026
division (A) of this section, the prosecutor and the defendant may	42027
recommend to the court an examiner whom each prefers to perform	42028
one of the evaluations. If a defendant enters a plea of not guilty	42029
by reason of insanity and if the court does not designate an	42030
examiner recommended by the defendant, the court shall inform the	42031
defendant that the defendant may have independent expert	42032
evaluation and that, if the defendant is unable to obtain	42033
independent expert evaluation, it will be obtained for the	42034
defendant at public expense if the defendant is indigent.	42035

(C) If the court orders an evaluation under division (A) of	42036
this section, the defendant shall be available at the times and	42037
places established by the examiners who are to conduct the	42038
evaluation. The court may order a defendant who has been released	42039
on bail or recognizance to submit to an evaluation under this	42040
section. If a defendant who has been released on bail or	42041
recognizance refuses to submit to a complete evaluation, the court	42042
may amend the conditions of bail or recognizance and order the	42043
sheriff to take the defendant into custody and deliver the	42044
defendant to a center, program, or facility operated or certified	42045
by the department of ~~mental health~~mental health and addiction	42046
services or the department of developmental disabilities where the	42047
defendant may be held for evaluation for a reasonable period of	42048
time not to exceed twenty days.	42049

(D) A defendant who has not been released on bail or	42050
recognizance may be evaluated at the defendant's place of	42051
detention. Upon the request of the examiner, the court may order	42052
the sheriff to transport the defendant to a program or facility	42053
operated or certified by the department of ~~mental health~~mental	42054
health and addiction services or the department of developmental	42055
disabilities, where the defendant may be held for evaluation for a	42056
reasonable period of time not to exceed twenty days, and to return	42057
the defendant to the place of detention after the evaluation. A	42058
municipal court may make an order under this division only upon	42059
the request of a certified forensic center examiner.	42060

(E) If a court orders the evaluation to determine a	42061
defendant's mental condition at the time of the offense charged,	42062
the court shall inform the examiner of the offense with which the	42063
defendant is charged.	42064

(F) In conducting an evaluation of a defendant's mental	42065
condition at the time of the offense charged, the examiner shall	42066
consider all relevant evidence. If the offense charged involves	42067
the use of force against another person, the relevant evidence to	42068
be considered includes, but is not limited to, any evidence that	42069
the defendant suffered, at the time of the commission of the	42070
offense, from the "battered woman syndrome."	42071

(G) The examiner shall file a written report with the court	42072
within thirty days after entry of a court order for evaluation,	42073
and the court shall provide copies of the report to the prosecutor	42074
and defense counsel. The report shall include all of the	42075
following:	42076

(1) The examiner's findings;

42077

(2) The facts in reasonable detail on which the findings are	42078
based;	42079

(3) If the evaluation was ordered to determine the	42080
defendant's competence to stand trial, all of the following	42081
findings or recommendations that are applicable:	42082

(a) Whether the defendant is capable of understanding the	42083
nature and objective of the proceedings against the defendant or	42084
of assisting in the defendant's defense;	42085

(b) If the examiner's opinion is that the defendant is	42086
incapable of understanding the nature and objective of the	42087
proceedings against the defendant or of assisting in the	42088
defendant's defense, whether the defendant presently is mentally	42089
ill or mentally retarded and, if the examiner's opinion is that	42090
the defendant presently is mentally retarded, whether the	42091
defendant appears to be a mentally retarded person subject to	42092
institutionalization by court order;	42093

(c) If the examiner's opinion is that the defendant is	42094
incapable of understanding the nature and objective of the	42095
proceedings against the defendant or of assisting in the	42096
defendant's defense, the examiner's opinion as to the likelihood	42097
of the defendant becoming capable of understanding the nature and	42098
objective of the proceedings against the defendant and of	42099
assisting in the defendant's defense within one year if the	42100
defendant is provided with a course of treatment;	42101

(d) If the examiner's opinion is that the defendant is	42102
incapable of understanding the nature and objective of the	42103
proceedings against the defendant or of assisting in the	42104
defendant's defense and that the defendant presently is mentally	42105
ill or mentally retarded, the examiner's recommendation as to the	42106
least restrictive placement or commitment alternative, consistent	42107
with the defendant's treatment needs for restoration to competency	42108
and with the safety of the community.	42109

(4) If the evaluation was ordered to determine the	42110
defendant's mental condition at the time of the offense charged,	42111
the examiner's findings as to whether the defendant, at the time	42112
of the offense charged, did not know, as a result of a severe	42113
mental disease or defect, the wrongfulness of the defendant's acts	42114
charged.	42115

(H) If the examiner's report filed under division (G) of this	42116
section indicates that in the examiner's opinion the defendant is	42117
incapable of understanding the nature and objective of the	42118
proceedings against the defendant or of assisting in the	42119
defendant's defense and that in the examiner's opinion the	42120
defendant appears to be a mentally retarded person subject to	42121
institutionalization by court order, the court shall order the	42122
defendant to undergo a separate mental retardation evaluation	42123
conducted by a psychologist designated by the director of	42124
developmental disabilities. Divisions (C) to (F) of this section	42125
apply in relation to a separate mental retardation evaluation	42126
conducted under this division. The psychologist appointed under	42127
this division to conduct the separate mental retardation	42128
evaluation shall file a written report with the court within	42129
thirty days after the entry of the court order requiring the	42130
separate mental retardation evaluation, and the court shall	42131
provide copies of the report to the prosecutor and defense	42132
counsel. The report shall include all of the information described	42133
in divisions (G)(1) to (4) of this section. If the court orders a	42134
separate mental retardation evaluation of a defendant under this	42135
division, the court shall not conduct a hearing under divisions	42136
(B) to (H) of section 2945.37 of the Revised Code regarding that	42137
defendant until a report of the separate mental retardation	42138
evaluation conducted under this division has been filed. Upon the	42139
filing of that report, the court shall conduct the hearing within	42140
the period of time specified in division (C) of section 2945.37 of	42141
the Revised Code.	42142

(I) An examiner appointed under divisions (A) and (B) of this	42143
section or under division (H) of this section to evaluate a	42144
defendant to determine the defendant's competence to stand trial	42145
also may be appointed to evaluate a defendant who has entered a	42146
plea of not guilty by reason of insanity, but an examiner of that	42147
nature shall prepare separate reports on the issue of competence	42148
to stand trial and the defense of not guilty by reason of	42149
insanity.	42150

(J) No statement that a defendant makes in an evaluation or	42151
hearing under divisions (A) to (H) of this section relating to the	42152
defendant's competence to stand trial or to the defendant's mental	42153
condition at the time of the offense charged shall be used against	42154
the defendant on the issue of guilt in any criminal action or	42155
proceeding, but, in a criminal action or proceeding, the	42156
prosecutor or defense counsel may call as a witness any person who	42157
evaluated the defendant or prepared a report pursuant to a	42158
referral under this section. Neither the appointment nor the	42159
testimony of an examiner appointed under this section precludes	42160
the prosecutor or defense counsel from calling other witnesses or	42161
presenting other evidence on competency or insanity issues.	42162

(K) Persons appointed as examiners under divisions (A) and	42163
(B) of this section or under division (H) of this section shall be	42164
paid a reasonable amount for their services and expenses, as	42165
certified by the court. The certified amount shall be paid by the	42166
county in the case of county courts and courts of common pleas and	42167
by the legislative authority, as defined in section 1901.03 of the	42168
Revised Code, in the case of municipal courts.	42169

Sec. 2945.38. (A) If the issue of a defendant's competence	42170
to stand trial is raised and if the court, upon conducting the	42171
hearing provided for in section 2945.37 of the Revised Code, finds	42172
that the defendant is competent to stand trial, the defendant	42173
shall be proceeded against as provided by law. If the court finds	42174
the defendant competent to stand trial and the defendant is	42175
receiving psychotropic drugs or other medication, the court may	42176
authorize the continued administration of the drugs or medication	42177
or other appropriate treatment in order to maintain the	42178
defendant's competence to stand trial, unless the defendant's	42179
attending physician advises the court against continuation of the	42180
drugs, other medication, or treatment.	42181

(B)(1)(a) If, after taking into consideration all relevant	42182
reports, information, and other evidence, the court finds that the	42183
defendant is incompetent to stand trial and that there is a	42184
substantial probability that the defendant will become competent	42185
to stand trial within one year if the defendant is provided with a	42186
course of treatment, the court shall order the defendant to	42187
undergo treatment. If the defendant has been charged with a felony	42188
offense and if, after taking into consideration all relevant	42189
reports, information, and other evidence, the court finds that the	42190
defendant is incompetent to stand trial, but the court is unable	42191
at that time to determine whether there is a substantial	42192
probability that the defendant will become competent to stand	42193
trial within one year if the defendant is provided with a course	42194
of treatment, the court shall order continuing evaluation and	42195
treatment of the defendant for a period not to exceed four months	42196
to determine whether there is a substantial probability that the	42197
defendant will become competent to stand trial within one year if	42198
the defendant is provided with a course of treatment.	42199

(b) The court order for the defendant to undergo treatment or	42200
continuing evaluation and treatment under division (B)(1)(a) of	42201
this section shall specify that the defendant, if determined to	42202
require mental health treatment or continuing evaluation and	42203
treatment, either shall be committed to the department of ~~mental~~	42204
~~health~~mental health and addiction services for treatment or	42205
continuing evaluation and treatment at a hospital, facility, or	42206
agency, as determined to be clinically appropriate by the	42207
department of ~~mental health~~mental health and addiction services	42208
or shall be committed to a facility certified by the department of	42209
~~mental health~~mental health and addiction services as being	42210
qualified to treat mental illness, to a public or community mental	42211
health facility, or to a psychiatrist or another mental health	42212
professional for treatment or continuing evaluation and treatment.	42213
Prior to placing the defendant, the department of ~~mental health~~	42214
mental health and addiction services shall obtain court approval	42215
for that placement following a hearing. The court order for the	42216
defendant to undergo treatment or continuing evaluation and	42217
treatment under division (B)(1)(a) of this section shall specify	42218
that the defendant, if determined to require treatment or	42219
continuing evaluation and treatment for mental retardation, shall	42220
receive treatment or continuing evaluation and treatment at an	42221
institution or facility operated by the department of	42222
developmental disabilities, at a facility certified by the	42223
department of developmental disabilities as being qualified to	42224
treat mental retardation, at a public or private mental	42225
retardation facility, or by a psychiatrist or another mental	42226
retardation professional. In any case, the order may restrict the	42227
defendant's freedom of movement as the court considers necessary.	42228
The prosecutor in the defendant's case shall send to the chief	42229
clinical officer of the hospital, facility, or agency where the	42230
defendant is placed by the department of ~~mental health~~mental	42231
health and addiction services, or to the managing officer of the	42232
institution, the director of the program or facility, or the	42233
person to which the defendant is committed, copies of relevant	42234
police reports and other background information that pertains to	42235
the defendant and is available to the prosecutor unless the	42236
prosecutor determines that the release of any of the information	42237
in the police reports or any of the other background information	42238
to unauthorized persons would interfere with the effective	42239
prosecution of any person or would create a substantial risk of	42240
harm to any person.	42241

In determining the place of commitment, the court shall	42242
consider the extent to which the person is a danger to the person	42243
and to others, the need for security, and the type of crime	42244
involved and shall order the least restrictive alternative	42245
available that is consistent with public safety and treatment	42246
goals. In weighing these factors, the court shall give preference	42247
to protecting public safety.	42248

(c) If the defendant is found incompetent to stand trial, if	42249
the chief clinical officer of the hospital, facility, or agency	42250
where the defendant is placed, or the managing officer of the	42251
institution, the director of the program or facility, or the	42252
person to which the defendant is committed for treatment or	42253
continuing evaluation and treatment under division (B)(1)(b) of	42254
this section determines that medication is necessary to restore	42255
the defendant's competency to stand trial, and if the defendant	42256
lacks the capacity to give informed consent or refuses medication,	42257
the chief clinical officer of the hospital, facility, or agency	42258
where the defendant is placed, or the managing officer of the	42259
institution, the director of the program or facility, or the	42260
person to which the defendant is committed for treatment or	42261
continuing evaluation and treatment may petition the court for	42262
authorization for the involuntary administration of medication.	42263
The court shall hold a hearing on the petition within five days of	42264
the filing of the petition if the petition was filed in a	42265
municipal court or a county court regarding an incompetent	42266
defendant charged with a misdemeanor or within ten days of the	42267
filing of the petition if the petition was filed in a court of	42268
common pleas regarding an incompetent defendant charged with a	42269
felony offense. Following the hearing, the court may authorize the	42270
involuntary administration of medication or may dismiss the	42271
petition.	42272

(2) If the court finds that the defendant is incompetent to	42273
stand trial and that, even if the defendant is provided with a	42274
course of treatment, there is not a substantial probability that	42275
the defendant will become competent to stand trial within one	42276
year, the court shall order the discharge of the defendant, unless	42277
upon motion of the prosecutor or on its own motion, the court	42278
either seeks to retain jurisdiction over the defendant pursuant to	42279
section 2945.39 of the Revised Code or files an affidavit in the	42280
probate court for the civil commitment of the defendant pursuant	42281
to Chapter 5122. or 5123. of the Revised Code alleging that the	42282
defendant is a mentally ill person subject to hospitalization by	42283
court order or a mentally retarded person subject to	42284
institutionalization by court order. If an affidavit is filed in	42285
the probate court, the trial court shall send to the probate court	42286
copies of all written reports of the defendant's mental condition	42287
that were prepared pursuant to section 2945.371 of the Revised	42288
Code.	42289

The trial court may issue the temporary order of detention	42290
that a probate court may issue under section 5122.11 or 5123.71 of	42291
the Revised Code, to remain in effect until the probable cause or	42292
initial hearing in the probate court. Further proceedings in the	42293
probate court are civil proceedings governed by Chapter 5122. or	42294
5123. of the Revised Code.	42295

(C) No defendant shall be required to undergo treatment,	42296
including any continuing evaluation and treatment, under division	42297
(B)(1) of this section for longer than whichever of the following	42298
periods is applicable:	42299

(1) One year, if the most serious offense with which the	42300
defendant is charged is one of the following offenses:	42301

(a) Aggravated murder, murder, or an offense of violence for	42302
which a sentence of death or life imprisonment may be imposed;	42303

(b) An offense of violence that is a felony of the first or	42304
second degree;	42305

(c) A conspiracy to commit, an attempt to commit, or	42306
complicity in the commission of an offense described in division	42307
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	42308
complicity is a felony of the first or second degree.	42309

(2) Six months, if the most serious offense with which the	42310
defendant is charged is a felony other than a felony described in	42311
division (C)(1) of this section;	42312

(3) Sixty days, if the most serious offense with which the	42313
defendant is charged is a misdemeanor of the first or second	42314
degree;	42315

(4) Thirty days, if the most serious offense with which the	42316
defendant is charged is a misdemeanor of the third or fourth	42317
degree, a minor misdemeanor, or an unclassified misdemeanor.	42318

(D) Any defendant who is committed pursuant to this section	42319
shall not voluntarily admit the defendant or be voluntarily	42320
admitted to a hospital or institution pursuant to section 5122.02,	42321
5122.15, 5123.69, or 5123.76 of the Revised Code.	42322

(E) Except as otherwise provided in this division, a	42323
defendant who is charged with an offense and is committed by the	42324
court under this section to the department of ~~mental health~~mental	42325
health and addiction services or is committed to an institution or	42326
facility for the treatment of mental retardation shall not be	42327
granted unsupervised on-grounds movement, supervised off-grounds	42328
movement, or nonsecured status except in accordance with the court	42329
order. The court may grant a defendant supervised off-grounds	42330
movement to obtain medical treatment or specialized habilitation	42331
treatment services if the person who supervises the treatment or	42332
the continuing evaluation and treatment of the defendant ordered	42333
under division (B)(1)(a) of this section informs the court that	42334
the treatment or continuing evaluation and treatment cannot be	42335
provided at the hospital or facility where the defendant is placed	42336
by the department of ~~mental health~~mental health and addiction	42337
services or the institution or facility to which the defendant is	42338
committed. The chief clinical officer of the hospital or facility	42339
where the defendant is placed by the department of ~~mental health~~	42340
mental health and addiction services or the managing officer of	42341
the institution or director of the facility to which the defendant	42342
is committed, or a designee of any of those persons, may grant a	42343
defendant movement to a medical facility for an emergency medical	42344
situation with appropriate supervision to ensure the safety of the	42345
defendant, staff, and community during that emergency medical	42346
situation. The chief clinical officer of the hospital or facility	42347
where the defendant is placed by the department of ~~mental health~~	42348
mental health and addiction services or the managing officer of	42349
the institution or director of the facility to which the defendant	42350
is committed shall notify the court within twenty-four hours of	42351
the defendant's movement to the medical facility for an emergency	42352
medical situation under this division.	42353

(F) The person who supervises the treatment or continuing	42354
evaluation and treatment of a defendant ordered to undergo	42355
treatment or continuing evaluation and treatment under division	42356
(B)(1)(a) of this section shall file a written report with the	42357
court at the following times:	42358

(1) Whenever the person believes the defendant is capable of	42359
understanding the nature and objective of the proceedings against	42360
the defendant and of assisting in the defendant's defense;	42361

(2) For a felony offense, fourteen days before expiration of	42362
the maximum time for treatment as specified in division (C) of	42363
this section and fourteen days before the expiration of the	42364
maximum time for continuing evaluation and treatment as specified	42365
in division (B)(1)(a) of this section, and, for a misdemeanor	42366
offense, ten days before the expiration of the maximum time for	42367
treatment, as specified in division (C) of this section;	42368

(3) At a minimum, after each six months of treatment;

42369

(4) Whenever the person who supervises the treatment or	42370
continuing evaluation and treatment of a defendant ordered under	42371
division (B)(1)(a) of this section believes that there is not a	42372
substantial probability that the defendant will become capable of	42373
understanding the nature and objective of the proceedings against	42374
the defendant or of assisting in the defendant's defense even if	42375
the defendant is provided with a course of treatment.	42376

(G) A report under division (F) of this section shall contain	42377
the examiner's findings, the facts in reasonable detail on which	42378
the findings are based, and the examiner's opinion as to the	42379
defendant's capability of understanding the nature and objective	42380
of the proceedings against the defendant and of assisting in the	42381
defendant's defense. If, in the examiner's opinion, the defendant	42382
remains incapable of understanding the nature and objective of the	42383
proceedings against the defendant and of assisting in the	42384
defendant's defense and there is a substantial probability that	42385
the defendant will become capable of understanding the nature and	42386
objective of the proceedings against the defendant and of	42387
assisting in the defendant's defense if the defendant is provided	42388
with a course of treatment, if in the examiner's opinion the	42389
defendant remains mentally ill or mentally retarded, and if the	42390
maximum time for treatment as specified in division (C) of this	42391
section has not expired, the report also shall contain the	42392
examiner's recommendation as to the least restrictive placement or	42393
commitment alternative that is consistent with the defendant's	42394
treatment needs for restoration to competency and with the safety	42395
of the community. The court shall provide copies of the report to	42396
the prosecutor and defense counsel.	42397

(H) If a defendant is committed pursuant to division (B)(1)	42398
of this section, within ten days after the treating physician of	42399
the defendant or the examiner of the defendant who is employed or	42400
retained by the treating facility advises that there is not a	42401
substantial probability that the defendant will become capable of	42402
understanding the nature and objective of the proceedings against	42403
the defendant or of assisting in the defendant's defense even if	42404
the defendant is provided with a course of treatment, within ten	42405
days after the expiration of the maximum time for treatment as	42406
specified in division (C) of this section, within ten days after	42407
the expiration of the maximum time for continuing evaluation and	42408
treatment as specified in division (B)(1)(a) of this section,	42409
within thirty days after a defendant's request for a hearing that	42410
is made after six months of treatment, or within thirty days after	42411
being advised by the treating physician or examiner that the	42412
defendant is competent to stand trial, whichever is the earliest,	42413
the court shall conduct another hearing to determine if the	42414
defendant is competent to stand trial and shall do whichever of	42415
the following is applicable:	42416

(1) If the court finds that the defendant is competent to	42417
stand trial, the defendant shall be proceeded against as provided	42418
by law.	42419

(2) If the court finds that the defendant is incompetent to	42420
stand trial, but that there is a substantial probability that the	42421
defendant will become competent to stand trial if the defendant is	42422
provided with a course of treatment, and the maximum time for	42423
treatment as specified in division (C) of this section has not	42424
expired, the court, after consideration of the examiner's	42425
recommendation, shall order that treatment be continued, may	42426
change the facility or program at which the treatment is to be	42427
continued, and shall specify whether the treatment is to be	42428
continued at the same or a different facility or program.	42429

(3) If the court finds that the defendant is incompetent to	42430
stand trial, if the defendant is charged with an offense listed in	42431
division (C)(1) of this section, and if the court finds that there	42432
is not a substantial probability that the defendant will become	42433
competent to stand trial even if the defendant is provided with a	42434
course of treatment, or if the maximum time for treatment relative	42435
to that offense as specified in division (C) of this section has	42436
expired, further proceedings shall be as provided in sections	42437
2945.39, 2945.401, and 2945.402 of the Revised Code.	42438

(4) If the court finds that the defendant is incompetent to	42439
stand trial, if the most serious offense with which the defendant	42440
is charged is a misdemeanor or a felony other than a felony listed	42441
in division (C)(1) of this section, and if the court finds that	42442
there is not a substantial probability that the defendant will	42443
become competent to stand trial even if the defendant is provided	42444
with a course of treatment, or if the maximum time for treatment	42445
relative to that offense as specified in division (C) of this	42446
section has expired, the court shall dismiss the indictment,	42447
information, or complaint against the defendant. A dismissal under	42448
this division is not a bar to further prosecution based on the	42449
same conduct. The court shall discharge the defendant unless the	42450
court or prosecutor files an affidavit in probate court for civil	42451
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	42452
If an affidavit for civil commitment is filed, the court may	42453
detain the defendant for ten days pending civil commitment. All of	42454
the following provisions apply to persons charged with a	42455
misdemeanor or a felony other than a felony listed in division	42456
(C)(1) of this section who are committed by the probate court	42457
subsequent to the court's or prosecutor's filing of an affidavit	42458
for civil commitment under authority of this division:	42459

(a) The chief clinical officer of the entity, hospital, or	42460
facility, the managing officer of the institution, the director of	42461
the program, or the person to which the defendant is committed or	42462
admitted shall do all of the following:	42463

(i) Notify the prosecutor, in writing, of the discharge of	42464
the defendant, send the notice at least ten days prior to the	42465
discharge unless the discharge is by the probate court, and state	42466
in the notice the date on which the defendant will be discharged;	42467

(ii) Notify the prosecutor, in writing, when the defendant is	42468
absent without leave or is granted unsupervised, off-grounds	42469
movement, and send this notice promptly after the discovery of the	42470
absence without leave or prior to the granting of the	42471
unsupervised, off-grounds movement, whichever is applicable;	42472

(iii) Notify the prosecutor, in writing, of the change of the	42473
defendant's commitment or admission to voluntary status, send the	42474
notice promptly upon learning of the change to voluntary status,	42475
and state in the notice the date on which the defendant was	42476
committed or admitted on a voluntary status.	42477

(b) Upon receiving notice that the defendant will be granted	42478
unsupervised, off-grounds movement, the prosecutor either shall	42479
re-indict the defendant or promptly notify the court that the	42480
prosecutor does not intend to prosecute the charges against the	42481
defendant.	42482

(I) If a defendant is convicted of a crime and sentenced to a	42483
jail or workhouse, the defendant's sentence shall be reduced by	42484
the total number of days the defendant is confined for evaluation	42485
to determine the defendant's competence to stand trial or	42486
treatment under this section and sections 2945.37 and 2945.371 of	42487
the Revised Code or by the total number of days the defendant is	42488
confined for evaluation to determine the defendant's mental	42489
condition at the time of the offense charged.	42490

Sec. 2945.39. (A) If a defendant who is charged with an	42491
offense described in division (C)(1) of section 2945.38 of the	42492
Revised Code is found incompetent to stand trial, after the	42493
expiration of the maximum time for treatment as specified in	42494
division (C) of that section or after the court finds that there	42495
is not a substantial probability that the defendant will become	42496
competent to stand trial even if the defendant is provided with a	42497
course of treatment, one of the following applies:	42498

(1) The court or the prosecutor may file an affidavit in	42499
probate court for civil commitment of the defendant in the manner	42500
provided in Chapter 5122. or 5123. of the Revised Code. If the	42501
court or prosecutor files an affidavit for civil commitment, the	42502
court may detain the defendant for ten days pending civil	42503
commitment. If the probate court commits the defendant subsequent	42504
to the court's or prosecutor's filing of an affidavit for civil	42505
commitment, the chief clinical officer of the entity, hospital, or	42506
facility, the managing officer of the institution, the director of	42507
the program, or the person to which the defendant is committed or	42508
admitted shall send to the prosecutor the notices described in	42509
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	42510
Code within the periods of time and under the circumstances	42511
specified in those divisions.	42512

(2) On the motion of the prosecutor or on its own motion, the	42513
court may retain jurisdiction over the defendant if, at a hearing,	42514
the court finds both of the following by clear and convincing	42515
evidence:	42516

(a) The defendant committed the offense with which the	42517
defendant is charged.	42518

(b) The defendant is a mentally ill person subject to	42519
hospitalization by court order or a mentally retarded person	42520
subject to institutionalization by court order.	42521

(B) In making its determination under division (A)(2) of this	42522
section as to whether to retain jurisdiction over the defendant,	42523
the court may consider all relevant evidence, including, but not	42524
limited to, any relevant psychiatric, psychological, or medical	42525
testimony or reports, the acts constituting the offense charged,	42526
and any history of the defendant that is relevant to the	42527
defendant's ability to conform to the law.	42528

(C) If the court conducts a hearing as described in division	42529
(A)(2) of this section and if the court does not make both	42530
findings described in divisions (A)(2)(a) and (b) of this section	42531
by clear and convincing evidence, the court shall dismiss the	42532
indictment, information, or complaint against the defendant. Upon	42533
the dismissal, the court shall discharge the defendant unless the	42534
court or prosecutor files an affidavit in probate court for civil	42535
commitment of the defendant pursuant to Chapter 5122. or 5123. of	42536
the Revised Code. If the court or prosecutor files an affidavit	42537
for civil commitment, the court may order that the defendant be	42538
detained for up to ten days pending the civil commitment. If the	42539
probate court commits the defendant subsequent to the court's or	42540
prosecutor's filing of an affidavit for civil commitment, the	42541
chief clinical officer of the entity, hospital, or facility, the	42542
managing officer of the institution, the director of the program,	42543
or the person to which the defendant is committed or admitted	42544
shall send to the prosecutor the notices described in divisions	42545
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	42546
within the periods of time and under the circumstances specified	42547
in those divisions. A dismissal of charges under this division is	42548
not a bar to further criminal proceedings based on the same	42549
conduct.	42550

(D)(1) If the court conducts a hearing as described in	42551
division (A)(2) of this section and if the court makes the	42552
findings described in divisions (A)(2)(a) and (b) of this section	42553
by clear and convincing evidence, the court shall commit the	42554
defendant, if determined to require mental health treatment,	42555
either to the department of ~~mental health~~mental health and	42556
addiction services for treatment at a hospital, facility, or	42557
agency as determined clinically appropriate by the department of	42558
~~mental health~~mental health and addiction services or to another	42559
medical or psychiatric facility, as appropriate. Prior to placing	42560
the defendant, the department of ~~mental health~~mental health and	42561
addiction services shall obtain court approval for that placement.	42562
If the court conducts such a hearing and if it makes those	42563
findings by clear and convincing evidence, the court shall commit	42564
the defendant, if determined to require treatment for mental	42565
retardation, to a facility operated by the department of	42566
developmental disabilities, or another facility, as appropriate.	42567
In determining the place of commitment, the court shall consider	42568
the extent to which the person is a danger to the person and to	42569
others, the need for security, and the type of crime involved and	42570
shall order the least restrictive alternative available that is	42571
consistent with public safety and the welfare of the defendant. In	42572
weighing these factors, the court shall give preference to	42573
protecting public safety.	42574

(2) If a court makes a commitment of a defendant under	42575
division (D)(1) of this section, the prosecutor shall send to the	42576
hospital, facility, or agency where the defendant is placed by the	42577
department of ~~mental health~~mental health and addiction services	42578
or to the defendant's place of commitment all reports of the	42579
defendant's current mental condition and, except as otherwise	42580
provided in this division, any other relevant information,	42581
including, but not limited to, a transcript of the hearing held	42582
pursuant to division (A)(2) of this section, copies of relevant	42583
police reports, and copies of any prior arrest and conviction	42584
records that pertain to the defendant and that the prosecutor	42585
possesses. The prosecutor shall send the reports of the	42586
defendant's current mental condition in every case of commitment,	42587
and, unless the prosecutor determines that the release of any of	42588
the other relevant information to unauthorized persons would	42589
interfere with the effective prosecution of any person or would	42590
create a substantial risk of harm to any person, the prosecutor	42591
also shall send the other relevant information. Upon admission of	42592
a defendant committed under division (D)(1) of this section, the	42593
place of commitment shall send to the board of alcohol, drug	42594
addiction, and mental health services or the community mental	42595
health board serving the county in which the charges against the	42596
defendant were filed a copy of all reports of the defendant's	42597
current mental condition and a copy of the other relevant	42598
information provided by the prosecutor under this division,	42599
including, if provided, a transcript of the hearing held pursuant	42600
to division (A)(2) of this section, the relevant police reports,	42601
and the prior arrest and conviction records that pertain to the	42602
defendant and that the prosecutor possesses.	42603

(3) If a court makes a commitment under division (D)(1) of	42604
this section, all further proceedings shall be in accordance with	42605
sections 2945.401 and 2945.402 of the Revised Code.	42606

Sec. 2945.40. (A) If a person is found not guilty by reason	42607
of insanity, the verdict shall state that finding, and the trial	42608
court shall conduct a full hearing to determine whether the person	42609
is a mentally ill person subject to hospitalization by court order	42610
or a mentally retarded person subject to institutionalization by	42611
court order. Prior to the hearing, if the trial judge believes	42612
that there is probable cause that the person found not guilty by	42613
reason of insanity is a mentally ill person subject to	42614
hospitalization by court order or mentally retarded person subject	42615
to institutionalization by court order, the trial judge may issue	42616
a temporary order of detention for that person to remain in effect	42617
for ten court days or until the hearing, whichever occurs first.	42618

Any person detained pursuant to a temporary order of	42619
detention issued under this division shall be held in a suitable	42620
facility, taking into consideration the place and type of	42621
confinement prior to and during trial.	42622

(B) The court shall hold the hearing under division (A) of	42623
this section to determine whether the person found not guilty by	42624
reason of insanity is a mentally ill person subject to	42625
hospitalization by court order or a mentally retarded person	42626
subject to institutionalization by court order within ten court	42627
days after the finding of not guilty by reason of insanity.	42628
Failure to conduct the hearing within the ten-day period shall	42629
cause the immediate discharge of the respondent, unless the judge	42630
grants a continuance for not longer than ten court days for good	42631
cause shown or for any period of time upon motion of the	42632
respondent.	42633

(C) If a person is found not guilty by reason of insanity,	42634
the person has the right to attend all hearings conducted pursuant	42635
to sections 2945.37 to 2945.402 of the Revised Code. At any	42636
hearing conducted pursuant to one of those sections, the court	42637
shall inform the person that the person has all of the following	42638
rights:	42639

(1) The right to be represented by counsel and to have that	42640
counsel provided at public expense if the person is indigent, with	42641
the counsel to be appointed by the court under Chapter 120. of the	42642
Revised Code or under the authority recognized in division (C) of	42643
section 120.06, division (E) of section 120.16, division (E) of	42644
section 120.26, or section 2941.51 of the Revised Code;	42645

(2) The right to have independent expert evaluation and to	42646
have that independent expert evaluation provided at public expense	42647
if the person is indigent;	42648

(3) The right to subpoena witnesses and documents, to present	42649
evidence on the person's behalf, and to cross-examine witnesses	42650
against the person;	42651

(4) The right to testify in the person's own behalf and to	42652
not be compelled to testify;	42653

(5) The right to have copies of any relevant medical or	42654
mental health document in the custody of the state or of any place	42655
of commitment other than a document for which the court finds that	42656
the release to the person of information contained in the document	42657
would create a substantial risk of harm to any person.	42658

(D) The hearing under division (A) of this section shall be	42659
open to the public, and the court shall conduct the hearing in	42660
accordance with the Rules of Civil Procedure. The court shall make	42661
and maintain a full transcript and record of the hearing	42662
proceedings. The court may consider all relevant evidence,	42663
including, but not limited to, any relevant psychiatric,	42664
psychological, or medical testimony or reports, the acts	42665
constituting the offense in relation to which the person was found	42666
not guilty by reason of insanity, and any history of the person	42667
that is relevant to the person's ability to conform to the law.	42668

(E) Upon completion of the hearing under division (A) of this	42669
section, if the court finds there is not clear and convincing	42670
evidence that the person is a mentally ill person subject to	42671
hospitalization by court order or a mentally retarded person	42672
subject to institutionalization by court order, the court shall	42673
discharge the person, unless a detainer has been placed upon the	42674
person by the department of rehabilitation and correction, in	42675
which case the person shall be returned to that department.	42676

(F) If, at the hearing under division (A) of this section,	42677
the court finds by clear and convincing evidence that the person	42678
is a mentally ill person subject to hospitalization by court	42679
order, the court shall commit the person either to the department	42680
of ~~mental health~~mental health and addiction services for	42681
treatment in a hospital, facility, or agency as determined	42682
clinically appropriate by the department of ~~mental health~~mental	42683
health and addiction services or to another medical or psychiatric	42684
facility, as appropriate. Prior to placing the defendant, the	42685
department of ~~mental health~~mental health and addiction services	42686
shall obtain court approval for that placement. If, at the hearing	42687
under division (A) of this section, the court determines by clear	42688
and convincing evidence that the person requires treatment for	42689
mental retardation, it shall commit the person to a facility	42690
operated by the department of developmental disabilities or	42691
another facility, as appropriate. Further proceedings shall be in	42692
accordance with sections 2945.401 and 2945.402 of the Revised	42693
Code. In determining the place of commitment, the court shall	42694
consider the extent to which the person is a danger to the person	42695
and to others, the need for security, and the type of crime	42696
involved and shall order the least restrictive alternative	42697
available that is consistent with public safety and the welfare of	42698
the person. In weighing these factors, the court shall give	42699
preference to protecting public safety.	42700

(G) If a court makes a commitment of a person under division	42701
(F) of this section, the prosecutor shall send to the hospital,	42702
facility, or agency where the person is placed by the department	42703
of ~~mental health~~mental health and addiction services or to the	42704
defendant's place of commitment all reports of the person's	42705
current mental condition, and, except as otherwise provided in	42706
this division, any other relevant information, including, but not	42707
limited to, a transcript of the hearing held pursuant to division	42708
(A) of this section, copies of relevant police reports, and copies	42709
of any prior arrest and conviction records that pertain to the	42710
person and that the prosecutor possesses. The prosecutor shall	42711
send the reports of the person's current mental condition in every	42712
case of commitment, and, unless the prosecutor determines that the	42713
release of any of the other relevant information to unauthorized	42714
persons would interfere with the effective prosecution of any	42715
person or would create a substantial risk of harm to any person,	42716
the prosecutor also shall send the other relevant information.	42717
Upon admission of a person committed under division (F) of this	42718
section, the place of commitment shall send to the board of	42719
alcohol, drug addiction, and mental health services or the	42720
community mental health board serving the county in which the	42721
charges against the person were filed a copy of all reports of the	42722
person's current mental condition and a copy of the other relevant	42723
information provided by the prosecutor under this division,	42724
including, if provided, a transcript of the hearing held pursuant	42725
to division (A) of this section, the relevant police reports, and	42726
the prior arrest and conviction records that pertain to the person	42727
and that the prosecutor possesses.	42728

(H) A person who is committed pursuant to this section shall	42729
not voluntarily admit the person or be voluntarily admitted to a	42730
hospital or institution pursuant to section 5122.02, 5122.15,	42731
5123.69, or 5123.76 of the Revised Code.	42732

Sec. 2945.401. (A) A defendant found incompetent to stand	42733
trial and committed pursuant to section 2945.39 of the Revised	42734
Code or a person found not guilty by reason of insanity and	42735
committed pursuant to section 2945.40 of the Revised Code shall	42736
remain subject to the jurisdiction of the trial court pursuant to	42737
that commitment, and to the provisions of this section, until the	42738
final termination of the commitment as described in division	42739
(J)(1) of this section. If the jurisdiction is terminated under	42740
this division because of the final termination of the commitment	42741
resulting from the expiration of the maximum prison term or term	42742
of imprisonment described in division (J)(1)(b) of this section,	42743
the court or prosecutor may file an affidavit for the civil	42744
commitment of the defendant or person pursuant to Chapter 5122. or	42745
5123. of the Revised Code.	42746

(B) A hearing conducted under any provision of sections	42747
2945.37 to 2945.402 of the Revised Code shall not be conducted in	42748
accordance with Chapters 5122. and 5123. of the Revised Code. Any	42749
person who is committed pursuant to section 2945.39 or 2945.40 of	42750
the Revised Code shall not voluntarily admit the person or be	42751
voluntarily admitted to a hospital or institution pursuant to	42752
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	42753
All other provisions of Chapters 5122. and 5123. of the Revised	42754
Code regarding hospitalization or institutionalization shall apply	42755
to the extent they are not in conflict with this chapter. A	42756
commitment under section 2945.39 or 2945.40 of the Revised Code	42757
shall not be terminated and the conditions of the commitment shall	42758
not be changed except as otherwise provided in division (D)(2) of	42759
this section with respect to a mentally retarded person subject to	42760
institutionalization by court order or except by order of the	42761
trial court.	42762

(C) The department of ~~mental health~~mental health and	42763
addiction services or the institution, facility, or program to	42764
which a defendant or person has been committed under section	42765
2945.39 or 2945.40 of the Revised Code shall report in writing to	42766
the trial court, at the times specified in this division, as to	42767
whether the defendant or person remains a mentally ill person	42768
subject to hospitalization by court order or a mentally retarded	42769
person subject to institutionalization by court order and, in the	42770
case of a defendant committed under section 2945.39 of the Revised	42771
Code, as to whether the defendant remains incompetent to stand	42772
trial. The department, institution, facility, or program shall	42773
make the reports after the initial six months of treatment and	42774
every two years after the initial report is made. The trial court	42775
shall provide copies of the reports to the prosecutor and to the	42776
counsel for the defendant or person. Within thirty days after its	42777
receipt pursuant to this division of a report from the department,	42778
institution, facility, or program, the trial court shall hold a	42779
hearing on the continued commitment of the defendant or person or	42780
on any changes in the conditions of the commitment of the	42781
defendant or person. The defendant or person may request a change	42782
in the conditions of confinement, and the trial court shall	42783
conduct a hearing on that request if six months or more have	42784
elapsed since the most recent hearing was conducted under this	42785
section.	42786

(D)(1) Except as otherwise provided in division (D)(2) of	42787
this section, when a defendant or person has been committed under	42788
section 2945.39 or 2945.40 of the Revised Code, at any time after	42789
evaluating the risks to public safety and the welfare of the	42790
defendant or person, the designee of the department of ~~mental~~	42791
~~health~~mental health and addiction services or the managing	42792
officer of the institution or director of the facility or program	42793
to which the defendant or person is committed may recommend a	42794
termination of the defendant's or person's commitment or a change	42795
in the conditions of the defendant's or person's commitment.	42796

Except as otherwise provided in division (D)(2) of this	42797
section, if the designee of the department of ~~mental health~~mental	42798
health and addiction services recommends on-grounds unsupervised	42799
movement, off-grounds supervised movement, or nonsecured status	42800
for the defendant or person or termination of the defendant's or	42801
person's commitment, the following provisions apply:	42802

(a) If the department's designee recommends on-grounds	42803
unsupervised movement or off-grounds supervised movement, the	42804
department's designee shall file with the trial court an	42805
application for approval of the movement and shall send a copy of	42806
the application to the prosecutor. Within fifteen days after	42807
receiving the application, the prosecutor may request a hearing on	42808
the application and, if a hearing is requested, shall so inform	42809
the department's designee. If the prosecutor does not request a	42810
hearing within the fifteen-day period, the trial court shall	42811
approve the application by entering its order approving the	42812
requested movement or, within five days after the expiration of	42813
the fifteen-day period, shall set a date for a hearing on the	42814
application. If the prosecutor requests a hearing on the	42815
application within the fifteen-day period, the trial court shall	42816
hold a hearing on the application within thirty days after the	42817
hearing is requested. If the trial court, within five days after	42818
the expiration of the fifteen-day period, sets a date for a	42819
hearing on the application, the trial court shall hold the hearing	42820
within thirty days after setting the hearing date. At least	42821
fifteen days before any hearing is held under this division, the	42822
trial court shall give the prosecutor written notice of the date,	42823
time, and place of the hearing. At the conclusion of each hearing	42824
conducted under this division, the trial court either shall	42825
approve or disapprove the application and shall enter its order	42826
accordingly.	42827

(b) If the department's designee recommends termination of	42828
the defendant's or person's commitment at any time or if the	42829
department's designee recommends the first of any nonsecured	42830
status for the defendant or person, the department's designee	42831
shall send written notice of this recommendation to the trial	42832
court and to the local forensic center. The local forensic center	42833
shall evaluate the committed defendant or person and, within	42834
thirty days after its receipt of the written notice, shall submit	42835
to the trial court and the department's designee a written report	42836
of the evaluation. The trial court shall provide a copy of the	42837
department's designee's written notice and of the local forensic	42838
center's written report to the prosecutor and to the counsel for	42839
the defendant or person. Upon the local forensic center's	42840
submission of the report to the trial court and the department's	42841
designee, all of the following apply:	42842

(i) If the forensic center disagrees with the recommendation	42843
of the department's designee, it shall inform the department's	42844
designee and the trial court of its decision and the reasons for	42845
the decision. The department's designee, after consideration of	42846
the forensic center's decision, shall either withdraw, proceed	42847
with, or modify and proceed with the recommendation. If the	42848
department's designee proceeds with, or modifies and proceeds	42849
with, the recommendation, the department's designee shall proceed	42850
in accordance with division (D)(1)(b)(iii) of this section.	42851

(ii) If the forensic center agrees with the recommendation of	42852
the department's designee, it shall inform the department's	42853
designee and the trial court of its decision and the reasons for	42854
the decision, and the department's designee shall proceed in	42855
accordance with division (D)(1)(b)(iii) of this section.	42856

(iii) If the forensic center disagrees with the	42857
recommendation of the department's designee and the department's	42858
designee proceeds with, or modifies and proceeds with, the	42859
recommendation or if the forensic center agrees with the	42860
recommendation of the department's designee, the department's	42861
designee shall work with community mental health ~~agencies~~services	42862
providers, programs, facilities, or boards of alcohol, drug	42863
addiction, and mental health services or community mental health	42864
boards to develop a plan to implement the recommendation. If the	42865
defendant or person is on medication, the plan shall include, but	42866
shall not be limited to, a system to monitor the defendant's or	42867
person's compliance with the prescribed medication treatment plan.	42868
The system shall include a schedule that clearly states when the	42869
defendant or person shall report for a medication compliance	42870
check. The medication compliance checks shall be based upon the	42871
effective duration of the prescribed medication, taking into	42872
account the route by which it is taken, and shall be scheduled at	42873
intervals sufficiently close together to detect a potential	42874
increase in mental illness symptoms that the medication is	42875
intended to prevent.	42876

The department's designee, after consultation with the board	42877
of alcohol, drug addiction, and mental health services or the	42878
community mental health board serving the area, shall send the	42879
recommendation and plan developed under division (D)(1)(b)(iii) of	42880
this section, in writing, to the trial court, the prosecutor, and	42881
the counsel for the committed defendant or person. The trial court	42882
shall conduct a hearing on the recommendation and plan developed	42883
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	42884
and (d) and (E) to (J) of this section apply regarding the	42885
hearing.	42886

(c) If the department's designee's recommendation is for	42887
nonsecured status or termination of commitment, the prosecutor may	42888
obtain an independent expert evaluation of the defendant's or	42889
person's mental condition, and the trial court may continue the	42890
hearing on the recommendation for a period of not more than thirty	42891
days to permit time for the evaluation.	42892

The prosecutor may introduce the evaluation report or present	42893
other evidence at the hearing in accordance with the Rules of	42894
Evidence.	42895

(d) The trial court shall schedule the hearing on a	42896
department's designee's recommendation for nonsecured status or	42897
termination of commitment and shall give reasonable notice to the	42898
prosecutor and the counsel for the defendant or person. Unless	42899
continued for independent evaluation at the prosecutor's request	42900
or for other good cause, the hearing shall be held within thirty	42901
days after the trial court's receipt of the recommendation and	42902
plan.	42903

(2)(a) Division (D)(1) of this section does not apply to	42904
on-grounds unsupervised movement of a defendant or person who has	42905
been committed under section 2945.39 or 2945.40 of the Revised	42906
Code, who is a mentally retarded person subject to	42907
institutionalization by court order, and who is being provided	42908
residential habilitation, care, and treatment in a facility	42909
operated by the department of developmental disabilities.	42910

(b) If, pursuant to section 2945.39 of the Revised Code, the	42911
trial court commits a defendant who is found incompetent to stand	42912
trial and who is a mentally retarded person subject to	42913
institutionalization by court order, if the defendant is being	42914
provided residential habilitation, care, and treatment in a	42915
facility operated by the department of developmental disabilities,	42916
if an individual who is conducting a survey for the department of	42917
health to determine the facility's compliance with the	42918
certification requirements of the medicaid program ~~under Chapter~~	42919
~~5111. of the Revised Code and Title XIX of the "Social Security~~	42920
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	42921
defendant's receipt of the residential habilitation, care, and	42922
treatment in the facility as being inappropriate under the	42923
certification requirements, if the defendant's receipt of the	42924
residential habilitation, care, and treatment in the facility	42925
potentially jeopardizes the facility's continued receipt of	42926
federal medicaid moneys, and if as a result of the citation the	42927
chief clinical officer of the facility determines that the	42928
conditions of the defendant's commitment should be changed, the	42929
department of developmental disabilities may cause the defendant	42930
to be removed from the particular facility and, after evaluating	42931
the risks to public safety and the welfare of the defendant and	42932
after determining whether another type of placement is consistent	42933
with the certification requirements, may place the defendant in	42934
another facility that the department selects as an appropriate	42935
facility for the defendant's continued receipt of residential	42936
habilitation, care, and treatment and that is a no less secure	42937
setting than the facility in which the defendant had been placed	42938
at the time of the citation. Within three days after the	42939
defendant's removal and alternative placement under the	42940
circumstances described in division (D)(2)(b) of this section, the	42941
department of developmental disabilities shall notify the trial	42942
court and the prosecutor in writing of the removal and alternative	42943
placement.	42944

The trial court shall set a date for a hearing on the removal	42945
and alternative placement, and the hearing shall be held within	42946
twenty-one days after the trial court's receipt of the notice from	42947
the department of developmental disabilities. At least ten days	42948
before the hearing is held, the trial court shall give the	42949
prosecutor, the department of developmental disabilities, and the	42950
counsel for the defendant written notice of the date, time, and	42951
place of the hearing. At the hearing, the trial court shall	42952
consider the citation issued by the individual who conducted the	42953
survey for the department of health to be prima-facie evidence of	42954
the fact that the defendant's commitment to the particular	42955
facility was inappropriate under the certification requirements of	42956
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	42957
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	42958
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	42959
particular facility's continued receipt of federal medicaid	42960
moneys. At the conclusion of the hearing, the trial court may	42961
approve or disapprove the defendant's removal and alternative	42962
placement. If the trial court approves the defendant's removal and	42963
alternative placement, the department of developmental	42964
disabilities may continue the defendant's alternative placement.	42965
If the trial court disapproves the defendant's removal and	42966
alternative placement, it shall enter an order modifying the	42967
defendant's removal and alternative placement, but that order	42968
shall not require the department of developmental disabilities to	42969
replace the defendant for purposes of continued residential	42970
habilitation, care, and treatment in the facility associated with	42971
the citation issued by the individual who conducted the survey for	42972
the department of health.	42973

(E) In making a determination under this section regarding	42974
nonsecured status or termination of commitment, the trial court	42975
shall consider all relevant factors, including, but not limited	42976
to, all of the following:	42977

(1) Whether, in the trial court's view, the defendant or	42978
person currently represents a substantial risk of physical harm to	42979
the defendant or person or others;	42980

(2) Psychiatric and medical testimony as to the current	42981
mental and physical condition of the defendant or person;	42982

(3) Whether the defendant or person has insight into the	42983
defendant's or person's condition so that the defendant or person	42984
will continue treatment as prescribed or seek professional	42985
assistance as needed;	42986

(4) The grounds upon which the state relies for the proposed	42987
commitment;	42988

(5) Any past history that is relevant to establish the	42989
defendant's or person's degree of conformity to the laws, rules,	42990
regulations, and values of society;	42991

(6) If there is evidence that the defendant's or person's	42992
mental illness is in a state of remission, the medically suggested	42993
cause and degree of the remission and the probability that the	42994
defendant or person will continue treatment to maintain the	42995
remissive state of the defendant's or person's illness should the	42996
defendant's or person's commitment conditions be altered.	42997

(F) At any hearing held pursuant to division (C) or (D)(1) or	42998
(2) of this section, the defendant or the person shall have all	42999
the rights of a defendant or person at a commitment hearing as	43000
described in section 2945.40 of the Revised Code.	43001

(G) In a hearing held pursuant to division (C) or (D)(1) of	43002
this section, the prosecutor has the burden of proof as follows:	43003

(1) For a recommendation of termination of commitment, to	43004
show by clear and convincing evidence that the defendant or person	43005
remains a mentally ill person subject to hospitalization by court	43006
order or a mentally retarded person subject to	43007
institutionalization by court order;	43008

(2) For a recommendation for a change in the conditions of	43009
the commitment to a less restrictive status, to show by clear and	43010
convincing evidence that the proposed change represents a threat	43011
to public safety or a threat to the safety of any person.	43012

(H) In a hearing held pursuant to division (C) or (D)(1) or	43013
(2) of this section, the prosecutor shall represent the state or	43014
the public interest.	43015

(I) At the conclusion of a hearing conducted under division	43016
(D)(1) of this section regarding a recommendation from the	43017
designee of the department of ~~mental health~~mental health and	43018
addiction services, managing officer of the institution, or	43019
director of a facility or program, the trial court may approve,	43020
disapprove, or modify the recommendation and shall enter an order	43021
accordingly.	43022

(J)(1) A defendant or person who has been committed pursuant	43023
to section 2945.39 or 2945.40 of the Revised Code continues to be	43024
under the jurisdiction of the trial court until the final	43025
termination of the commitment. For purposes of division (J) of	43026
this section, the final termination of a commitment occurs upon	43027
the earlier of one of the following:	43028

(a) The defendant or person no longer is a mentally ill	43029
person subject to hospitalization by court order or a mentally	43030
retarded person subject to institutionalization by court order, as	43031
determined by the trial court;	43032

(b) The expiration of the maximum prison term or term of	43033
imprisonment that the defendant or person could have received if	43034
the defendant or person had been convicted of the most serious	43035
offense with which the defendant or person is charged or in	43036
relation to which the defendant or person was found not guilty by	43037
reason of insanity;	43038

(c) The trial court enters an order terminating the	43039
commitment under the circumstances described in division	43040
(J)(2)(a)(ii) of this section.	43041

(2)(a) If a defendant is found incompetent to stand trial and	43042
committed pursuant to section 2945.39 of the Revised Code, if	43043
neither of the circumstances described in divisions (J)(1)(a) and	43044
(b) of this section applies to that defendant, and if a report	43045
filed with the trial court pursuant to division (C) of this	43046
section indicates that the defendant presently is competent to	43047
stand trial or if, at any other time during the period of the	43048
defendant's commitment, the prosecutor, the counsel for the	43049
defendant, or the designee of the department of ~~mental health~~	43050
mental health and addiction services or the managing officer of	43051
the institution or director of the facility or program to which	43052
the defendant is committed files an application with the trial	43053
court alleging that the defendant presently is competent to stand	43054
trial and requesting a hearing on the competency issue or the	43055
trial court otherwise has reasonable cause to believe that the	43056
defendant presently is competent to stand trial and determines on	43057
its own motion to hold a hearing on the competency issue, the	43058
trial court shall schedule a hearing on the competency of the	43059
defendant to stand trial, shall give the prosecutor, the counsel	43060
for the defendant, and the department's designee or the managing	43061
officer of the institution or the director of the facility to	43062
which the defendant is committed notice of the date, time, and	43063
place of the hearing at least fifteen days before the hearing, and	43064
shall conduct the hearing within thirty days of the filing of the	43065
application or of its own motion. If, at the conclusion of the	43066
hearing, the trial court determines that the defendant presently	43067
is capable of understanding the nature and objective of the	43068
proceedings against the defendant and of assisting in the	43069
defendant's defense, the trial court shall order that the	43070
defendant is competent to stand trial and shall be proceeded	43071
against as provided by law with respect to the applicable offenses	43072
described in division (C)(1) of section 2945.38 of the Revised	43073
Code and shall enter whichever of the following additional orders	43074
is appropriate:	43075

(i) If the trial court determines that the defendant remains	43076
a mentally ill person subject to hospitalization by court order or	43077
a mentally retarded person subject to institutionalization by	43078
court order, the trial court shall order that the defendant's	43079
commitment to the department of ~~mental health~~mental health and	43080
addiction services or to an institution, facility, or program for	43081
the treatment of mental retardation be continued during the	43082
pendency of the trial on the applicable offenses described in	43083
division (C)(1) of section 2945.38 of the Revised Code.	43084

(ii) If the trial court determines that the defendant no	43085
longer is a mentally ill person subject to hospitalization by	43086
court order or a mentally retarded person subject to	43087
institutionalization by court order, the trial court shall order	43088
that the defendant's commitment to the department of ~~mental health~~	43089
mental health and addiction services or to an institution,	43090
facility, or program for the treatment of mental retardation shall	43091
not be continued during the pendency of the trial on the	43092
applicable offenses described in division (C)(1) of section	43093
2945.38 of the Revised Code. This order shall be a final	43094
termination of the commitment for purposes of division (J)(1)(c)	43095
of this section.	43096

(b) If, at the conclusion of the hearing described in	43097
division (J)(2)(a) of this section, the trial court determines	43098
that the defendant remains incapable of understanding the nature	43099
and objective of the proceedings against the defendant or of	43100
assisting in the defendant's defense, the trial court shall order	43101
that the defendant continues to be incompetent to stand trial,	43102
that the defendant's commitment to the department of ~~mental health~~	43103
mental health and addiction services or to an institution,	43104
facility, or program for the treatment of mental retardation shall	43105
be continued, and that the defendant remains subject to the	43106
jurisdiction of the trial court pursuant to that commitment, and	43107
to the provisions of this section, until the final termination of	43108
the commitment as described in division (J)(1) of this section.	43109

Sec. 2951.041. (A)(1) If an offender is charged with a	43110
criminal offense, including but not limited to a violation of	43111
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	43112
the Revised Code, and the court has reason to believe that drug or	43113
alcohol usage by the offender was a factor leading to the criminal	43114
offense with which the offender is charged or that, at the time of	43115
committing that offense, the offender had a mental illness or was	43116
a person with intellectual disability and that the mental illness	43117
or status as a person with intellectual disability was a factor	43118
leading to the offender's criminal behavior, the court may accept,	43119
prior to the entry of a guilty plea, the offender's request for	43120
intervention in lieu of conviction. The request shall include a	43121
statement from the offender as to whether the offender is alleging	43122
that drug or alcohol usage by the offender was a factor leading to	43123
the criminal offense with which the offender is charged or is	43124
alleging that, at the time of committing that offense, the	43125
offender had a mental illness or was a person with intellectual	43126
disability and that the mental illness or status as a person with	43127
intellectual disability was a factor leading to the criminal	43128
offense with which the offender is charged. The request also shall	43129
include a waiver of the defendant's right to a speedy trial, the	43130
preliminary hearing, the time period within which the grand jury	43131
may consider an indictment against the offender, and arraignment,	43132
unless the hearing, indictment, or arraignment has already	43133
occurred. The court may reject an offender's request without a	43134
hearing. If the court elects to consider an offender's request,	43135
the court shall conduct a hearing to determine whether the	43136
offender is eligible under this section for intervention in lieu	43137
of conviction and shall stay all criminal proceedings pending the	43138
outcome of the hearing. If the court schedules a hearing, the	43139
court shall order an assessment of the offender for the purpose of	43140
determining the offender's eligibility for intervention in lieu of	43141
conviction and recommending an appropriate intervention plan.	43142

If the offender alleges that drug or alcohol usage by the	43143
offender was a factor leading to the criminal offense with which	43144
the offender is charged, the court may order that the offender be	43145
assessed by ~~a program~~an addiction services provider certified	43146
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	43147
properly credentialed professional for the purpose of determining	43148
the offender's eligibility for intervention in lieu of conviction	43149
and recommending an appropriate intervention plan. The ~~program~~	43150
addiction services provider or the properly credentialed	43151
professional shall provide a written assessment of the offender to	43152
the court.	43153

(2) The victim notification provisions of division (C) of	43154
section 2930.08 of the Revised Code apply in relation to any	43155
hearing held under division (A)(1) of this section.	43156

(B) An offender is eligible for intervention in lieu of	43157
conviction if the court finds all of the following:	43158

(1) The offender previously has not been convicted of or	43159
pleaded guilty to a felony offense of violence or previously has	43160
been convicted of or pleaded guilty to any felony that is not an	43161
offense of violence and the prosecuting attorney recommends that	43162
the offender be found eligible for participation in intervention	43163
in lieu of treatment under this section, previously has not been	43164
through intervention in lieu of conviction under this section or	43165
any similar regimen, and is charged with a felony for which the	43166
court, upon conviction, would impose a community control sanction	43167
on the offender under division (B)(2) of section 2929.13 of the	43168
Revised Code or with a misdemeanor.	43169

(2) The offense is not a felony of the first, second, or	43170
third degree, is not an offense of violence, is not a violation of	43171
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	43172
not a violation of division (A)(1) of section 2903.08 of the	43173
Revised Code, is not a violation of division (A) of section	43174
4511.19 of the Revised Code or a municipal ordinance that is	43175
substantially similar to that division, and is not an offense for	43176
which a sentencing court is required to impose a mandatory prison	43177
term, a mandatory term of local incarceration, or a mandatory term	43178
of imprisonment in a jail.	43179

(3) The offender is not charged with a violation of section	43180
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	43181
with a violation of section 2925.03 of the Revised Code that is a	43182
felony of the first, second, third, or fourth degree, and is not	43183
charged with a violation of section 2925.11 of the Revised Code	43184
that is a felony of the first, second, or third degree.	43185

(4) If an offender alleges that drug or alcohol usage by the	43186
offender was a factor leading to the criminal offense with which	43187
the offender is charged, the court has ordered that the offender	43188
be assessed by ~~a program~~an addiction services provider certified	43189
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	43190
properly credentialed professional for the purpose of determining	43191
the offender's eligibility for intervention in lieu of conviction	43192
and recommending an appropriate intervention plan, the offender	43193
has been assessed by ~~a program~~an addiction services provider of	43194
that nature or a properly credentialed professional in accordance	43195
with the court's order, and the ~~program~~addiction services	43196
provider or properly credentialed professional has filed the	43197
written assessment of the offender with the court.	43198

(5) If an offender alleges that, at the time of committing	43199
the criminal offense with which the offender is charged, the	43200
offender had a mental illness or was a person with intellectual	43201
disability and that the mental illness or status as a person with	43202
intellectual disability was a factor leading to that offense, the	43203
offender has been assessed by a psychiatrist, psychologist,	43204
independent social worker, or professional clinical counselor for	43205
the purpose of determining the offender's eligibility for	43206
intervention in lieu of conviction and recommending an appropriate	43207
intervention plan.	43208

(6) The offender's drug usage, alcohol usage, mental illness,	43209
or intellectual disability, whichever is applicable, was a factor	43210
leading to the criminal offense with which the offender is	43211
charged, intervention in lieu of conviction would not demean the	43212
seriousness of the offense, and intervention would substantially	43213
reduce the likelihood of any future criminal activity.	43214

(7) The alleged victim of the offense was not sixty-five	43215
years of age or older, permanently and totally disabled, under	43216
thirteen years of age, or a peace officer engaged in the officer's	43217
official duties at the time of the alleged offense.	43218

(8) If the offender is charged with a violation of section	43219
2925.24 of the Revised Code, the alleged violation did not result	43220
in physical harm to any person, and the offender previously has	43221
not been treated for drug abuse.	43222

(9) The offender is willing to comply with all terms and	43223
conditions imposed by the court pursuant to division (D) of this	43224
section.	43225

(10) The offender is not charged with an offense that would	43226
result in the offender being disqualified under Chapter 4506. of	43227
the Revised Code from operating a commercial motor vehicle or	43228
would subject the offender to any other sanction under that	43229
chapter.	43230

(C) At the conclusion of a hearing held pursuant to division	43231
(A) of this section, the court shall enter its determination as to	43232
whether the offender is eligible for intervention in lieu of	43233
conviction and as to whether to grant the offender's request. If	43234
the court finds under division (B) of this section that the	43235
offender is eligible for intervention in lieu of conviction and	43236
grants the offender's request, the court shall accept the	43237
offender's plea of guilty and waiver of the defendant's right to a	43238
speedy trial, the preliminary hearing, the time period within	43239
which the grand jury may consider an indictment against the	43240
offender, and arraignment, unless the hearing, indictment, or	43241
arraignment has already occurred. In addition, the court then may	43242
stay all criminal proceedings and order the offender to comply	43243
with all terms and conditions imposed by the court pursuant to	43244
division (D) of this section. If the court finds that the offender	43245
is not eligible or does not grant the offender's request, the	43246
criminal proceedings against the offender shall proceed as if the	43247
offender's request for intervention in lieu of conviction had not	43248
been made.	43249

(D) If the court grants an offender's request for	43250
intervention in lieu of conviction, the court shall place the	43251
offender under the general control and supervision of the county	43252
probation department, the adult parole authority, or another	43253
appropriate local probation or court services agency, if one	43254
exists, as if the offender was subject to a community control	43255
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	43256
Revised Code. The court shall establish an intervention plan for	43257
the offender. The terms and conditions of the intervention plan	43258
shall require the offender, for at least one year from the date on	43259
which the court grants the order of intervention in lieu of	43260
conviction, to abstain from the use of illegal drugs and alcohol,	43261
to participate in treatment and recovery support services, and to	43262
submit to regular random testing for drug and alcohol use and may	43263
include any other treatment terms and conditions, or terms and	43264
conditions similar to community control sanctions, which may	43265
include community service or restitution, that are ordered by the	43266
court.	43267

(E) If the court grants an offender's request for	43268
intervention in lieu of conviction and the court finds that the	43269
offender has successfully completed the intervention plan for the	43270
offender, including the requirement that the offender abstain from	43271
using illegal drugs and alcohol for a period of at least one year	43272
from the date on which the court granted the order of intervention	43273
in lieu of conviction, the requirement that the offender	43274
participate in treatment and recovery support services, and all	43275
other terms and conditions ordered by the court, the court shall	43276
dismiss the proceedings against the offender. Successful	43277
completion of the intervention plan and period of abstinence under	43278
this section shall be without adjudication of guilt and is not a	43279
criminal conviction for purposes of any disqualification or	43280
disability imposed by law and upon conviction of a crime, and the	43281
court may order the sealing of records related to the offense in	43282
question in the manner provided in sections 2953.31 to 2953.36 of	43283
the Revised Code.	43284

(F) If the court grants an offender's request for	43285
intervention in lieu of conviction and the offender fails to	43286
comply with any term or condition imposed as part of the	43287
intervention plan for the offender, the supervising authority for	43288
the offender promptly shall advise the court of this failure, and	43289
the court shall hold a hearing to determine whether the offender	43290
failed to comply with any term or condition imposed as part of the	43291
plan. If the court determines that the offender has failed to	43292
comply with any of those terms and conditions, it shall enter a	43293
finding of guilty and shall impose an appropriate sanction under	43294
Chapter 2929. of the Revised Code. If the court sentences the	43295
offender to a prison term, the court, after consulting with the	43296
department of rehabilitation and correction regarding the	43297
availability of services, may order continued court-supervised	43298
activity and treatment of the offender during the prison term and,	43299
upon consideration of reports received from the department	43300
concerning the offender's progress in the program of activity and	43301
treatment, may consider judicial release under section 2929.20 of	43302
the Revised Code.	43303

(G) As used in this section:

43304

(1) "Community control sanction" has the same meaning as in	43305
section 2929.01 of the Revised Code.	43306

(2) "Intervention in lieu of conviction" means any	43307
court-supervised activity that complies with this section.	43308

(3) "Peace officer" has the same meaning as in section	43309
2935.01 of the Revised Code.	43310

(4) "Mental illness" and "psychiatrist" have the same	43311
meanings as in section 5122.01 of the Revised Code.	43312

(5) "Person with intellectual disability" means a person	43313
having significantly subaverage general intellectual functioning	43314
existing concurrently with deficiencies in adaptive behavior,	43315
manifested during the developmental period.	43316

(6) "Psychologist" has the same meaning as in section 4732.01	43317
of the Revised Code.	43318

(H) Whenever the term "mentally retarded person" is used in	43319
any statute, rule, contract, grant, or other document, the	43320
reference shall be deemed to include a "person with intellectual	43321
disability," as defined in this section.	43322

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	43323
of the Revised Code, an eligible offender may apply to the	43324
sentencing court if convicted in this state, or to a court of	43325
common pleas if convicted in another state or in a federal court,	43326
for the sealing of the conviction record. Application may be made	43327
at the expiration of three years after the offender's final	43328
discharge if convicted of a felony, or at the expiration of one	43329
year after the offender's final discharge if convicted of a	43330
misdemeanor.	43331

(2) Any person who has been arrested for any misdemeanor	43332
offense and who has effected a bail forfeiture may apply to the	43333
court in which the misdemeanor criminal case was pending when bail	43334
was forfeited for the sealing of the record of the case. Except as	43335
provided in section 2953.61 of the Revised Code, the application	43336
may be filed at any time after the expiration of one year from the	43337
date on which the bail forfeiture was entered upon the minutes of	43338
the court or the journal, whichever entry occurs first.	43339

(B) Upon the filing of an application under this section, the	43340
court shall set a date for a hearing and shall notify the	43341
prosecutor for the case of the hearing on the application. The	43342
prosecutor may object to the granting of the application by filing	43343
an objection with the court prior to the date set for the hearing.	43344
The prosecutor shall specify in the objection the reasons for	43345
believing a denial of the application is justified. The court	43346
shall direct its regular probation officer, a state probation	43347
officer, or the department of probation of the county in which the	43348
applicant resides to make inquiries and written reports as the	43349
court requires concerning the applicant. If the applicant was	43350
convicted of or pleaded guilty to a violation of division (A)(2)	43351
or (B) of section 2919.21 of the Revised Code, the probation	43352
officer or county department of probation that the court directed	43353
to make inquiries concerning the applicant shall contact the child	43354
support enforcement agency enforcing the applicant's obligations	43355
under the child support order to inquire about the offender's	43356
compliance with the child support order.	43357

(C)(1) The court shall do each of the following:

43358

(a) Determine whether the applicant is an eligible offender	43359
or whether the forfeiture of bail was agreed to by the applicant	43360
and the prosecutor in the case. If the applicant applies as an	43361
eligible offender pursuant to division (A)(1) of this section and	43362
has two or three convictions that result from the same indictment,	43363
information, or complaint, from the same plea of guilty, or from	43364
the same official proceeding, and result from related criminal	43365
acts that were committed within a three-month period but do not	43366
result from the same act or from offenses committed at the same	43367
time, in making its determination under this division, the court	43368
initially shall determine whether it is not in the public interest	43369
for the two or three convictions to be counted as one conviction.	43370
If the court determines that it is not in the public interest for	43371
the two or three convictions to be counted as one conviction, the	43372
court shall determine that the applicant is not an eligible	43373
offender; if the court does not make that determination, the court	43374
shall determine that the offender is an eligible offender.	43375

(b) Determine whether criminal proceedings are pending	43376
against the applicant;	43377

(c) If the applicant is an eligible offender who applies	43378
pursuant to division (A)(1) of this section, determine whether the	43379
applicant has been rehabilitated to the satisfaction of the court;	43380

(d) If the prosecutor has filed an objection in accordance	43381
with division (B) of this section, consider the reasons against	43382
granting the application specified by the prosecutor in the	43383
objection;	43384

(e) Weigh the interests of the applicant in having the	43385
records pertaining to the applicant's conviction sealed against	43386
the legitimate needs, if any, of the government to maintain those	43387
records.	43388

(2) If the court determines, after complying with division	43389
(C)(1) of this section, that the applicant is an eligible offender	43390
or the subject of a bail forfeiture, that no criminal proceeding	43391
is pending against the applicant, and that the interests of the	43392
applicant in having the records pertaining to the applicant's	43393
conviction or bail forfeiture sealed are not outweighed by any	43394
legitimate governmental needs to maintain those records, and that	43395
the rehabilitation of an applicant who is an eligible offender	43396
applying pursuant to division (A)(1) of this section has been	43397
attained to the satisfaction of the court, the court, except as	43398
provided in divisions (G) and (H) of this section, shall order all	43399
official records pertaining to the case sealed and, except as	43400
provided in division (F) of this section, all index references to	43401
the case deleted and, in the case of bail forfeitures, shall	43402
dismiss the charges in the case. The proceedings in the case shall	43403
be considered not to have occurred and the conviction or bail	43404
forfeiture of the person who is the subject of the proceedings	43405
shall be sealed, except that upon conviction of a subsequent	43406
offense, the sealed record of prior conviction or bail forfeiture	43407
may be considered by the court in determining the sentence or	43408
other appropriate disposition, including the relief provided for	43409
in sections 2953.31 to 2953.33 of the Revised Code.	43410

(3) Upon the filing of an application under this section, the	43411
applicant, unless indigent, shall pay a fee of fifty dollars. The	43412
court shall pay thirty dollars of the fee into the state treasury.	43413
It shall pay twenty dollars of the fee into the county general	43414
revenue fund if the sealed conviction or bail forfeiture was	43415
pursuant to a state statute, or into the general revenue fund of	43416
the municipal corporation involved if the sealed conviction or	43417
bail forfeiture was pursuant to a municipal ordinance.	43418

(D) Inspection of the sealed records included in the order	43419
may be made only by the following persons or for the following	43420
purposes:	43421

(1) By a law enforcement officer or prosecutor, or the	43422
assistants of either, to determine whether the nature and	43423
character of the offense with which a person is to be charged	43424
would be affected by virtue of the person's previously having been	43425
convicted of a crime;	43426

(2) By the parole or probation officer of the person who is	43427
the subject of the records, for the exclusive use of the officer	43428
in supervising the person while on parole or under a community	43429
control sanction or a post-release control sanction, and in making	43430
inquiries and written reports as requested by the court or adult	43431
parole authority;	43432

(3) Upon application by the person who is the subject of the	43433
records, by the persons named in the application;	43434

(4) By a law enforcement officer who was involved in the	43435
case, for use in the officer's defense of a civil action arising	43436
out of the officer's involvement in that case;	43437

(5) By a prosecuting attorney or the prosecuting attorney's	43438
assistants, to determine a defendant's eligibility to enter a	43439
pre-trial diversion program established pursuant to section	43440
2935.36 of the Revised Code;	43441

(6) By any law enforcement agency or any authorized employee	43442
of a law enforcement agency or by the department of rehabilitation	43443
and correction as part of a background investigation of a person	43444
who applies for employment with the agency as a law enforcement	43445
officer or with the department as a corrections officer;	43446

(7) By any law enforcement agency or any authorized employee	43447
of a law enforcement agency, for the purposes set forth in, and in	43448
the manner provided in, section 2953.321 of the Revised Code;	43449

(8) By the bureau of criminal identification and	43450
investigation or any authorized employee of the bureau for the	43451
purpose of providing information to a board or person pursuant to	43452
division (F) or (G) of section 109.57 of the Revised Code;	43453

(9) By the bureau of criminal identification and	43454
investigation or any authorized employee of the bureau for the	43455
purpose of performing a criminal history records check on a person	43456
to whom a certificate as prescribed in section 109.77 of the	43457
Revised Code is to be awarded;	43458

(10) By the bureau of criminal identification and	43459
investigation or any authorized employee of the bureau for the	43460
purpose of conducting a criminal records check of an individual	43461
pursuant to division (B) of section 109.572 of the Revised Code	43462
that was requested pursuant to any of the sections identified in	43463
division (B)(1) of that section;	43464

(11) By the bureau of criminal identification and	43465
investigation, an authorized employee of the bureau, a sheriff, or	43466
an authorized employee of a sheriff in connection with a criminal	43467
records check described in section 311.41 of the Revised Code;	43468

(12) By the attorney general or an authorized employee of the	43469
attorney general or a court for purposes of determining a person's	43470
classification pursuant to Chapter 2950. of the Revised Code;	43471

(13) By a prosecuting attorney or the attorney general, or	43472
the assistants of either, for purposes of defending or	43473
participating in a civil action brought pursuant to division	43474
(B)(1) of section 2743.48 of the Revised Code.	43475

When the nature and character of the offense with which a	43476
person is to be charged would be affected by the information, it	43477
may be used for the purpose of charging the person with an	43478
offense.	43479

(E) In any criminal proceeding, proof of any otherwise	43480
admissible prior conviction may be introduced and proved,	43481
notwithstanding the fact that for any such prior conviction an	43482
order of sealing previously was issued pursuant to sections	43483
2953.31 to 2953.36 of the Revised Code.	43484

(F) The person or governmental agency, office, or department	43485
that maintains sealed records pertaining to convictions or bail	43486
forfeitures that have been sealed pursuant to this section may	43487
maintain a manual or computerized index to the sealed records. The	43488
index shall contain only the name of, and alphanumeric identifiers	43489
that relate to, the persons who are the subject of the sealed	43490
records, the word "sealed," and the name of the person, agency,	43491
office, or department that has custody of the sealed records, and	43492
shall not contain the name of the crime committed. The index shall	43493
be made available by the person who has custody of the sealed	43494
records only for the purposes set forth in divisions (C), (D), and	43495
(E) of this section.	43496

(G) Notwithstanding any provision of this section or section	43497
2953.33 of the Revised Code that requires otherwise, a board of	43498
education of a city, local, exempted village, or joint vocational	43499
school district that maintains records of an individual who has	43500
been permanently excluded under sections 3301.121 and 3313.662 of	43501
the Revised Code is permitted to maintain records regarding a	43502
conviction that was used as the basis for the individual's	43503
permanent exclusion, regardless of a court order to seal the	43504
record. An order issued under this section to seal the record of a	43505
conviction does not revoke the adjudication order of the	43506
superintendent of public instruction to permanently exclude the	43507
individual who is the subject of the sealing order. An order	43508
issued under this section to seal the record of a conviction of an	43509
individual may be presented to a district superintendent as	43510
evidence to support the contention that the superintendent should	43511
recommend that the permanent exclusion of the individual who is	43512
the subject of the sealing order be revoked. Except as otherwise	43513
authorized by this division and sections 3301.121 and 3313.662 of	43514
the Revised Code, any school employee in possession of or having	43515
access to the sealed conviction records of an individual that were	43516
the basis of a permanent exclusion of the individual is subject to	43517
section 2953.35 of the Revised Code.	43518

(H) For purposes of sections 2953.31 to 2953.36 of the	43519
Revised Code, DNA records collected in the DNA database and	43520
fingerprints filed for record by the superintendent of the bureau	43521
of criminal identification and investigation shall not be sealed	43522
unless the superintendent receives a certified copy of a final	43523
court order establishing that the offender's conviction has been	43524
overturned. For purposes of this section, a court order is not	43525
"final" if time remains for an appeal or application for	43526
discretionary review with respect to the order.	43527

Sec. 2967.22. Whenever it is brought to the attention of the	43528
adult parole authority or a department of probation that a	43529
parolee, person under a community control sanction, person under	43530
transitional control, or releasee appears to be a mentally ill	43531
person subject to hospitalization by court order, as defined in	43532
section 5122.01 of the Revised Code, or a mentally retarded person	43533
subject to institutionalization by court order, as defined in	43534
section 5123.01 of the Revised Code, the parole or probation	43535
officer, subject to the approval of the chief of the adult parole	43536
authority, the designee of the chief of the adult parole	43537
authority, or the chief probation officer, may file an affidavit	43538
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	43539
person under a community control sanction, or releasee who is	43540
involuntarily detained under Chapter 5122. or 5123. of the Revised	43541
Code shall receive credit against the period of parole or	43542
community control or the term of post-release control for the	43543
period of involuntary detention.	43544

If a parolee, person under a community control sanction,	43545
person under transitional control, or releasee escapes from an	43546
institution or facility within the department of ~~mental health~~	43547
mental health and addiction services or the department of	43548
developmental disabilities, the superintendent of the institution	43549
immediately shall notify the chief of the adult parole authority	43550
or the chief probation officer. Notwithstanding the provisions of	43551
section 5122.26 of the Revised Code, the procedure for the	43552
apprehension, detention, and return of the parolee, person under a	43553
community control sanction, person under transitional control, or	43554
releasee is the same as that provided for the apprehension,	43555
detention, and return of persons who escape from institutions	43556
operated by the department of rehabilitation and correction. If	43557
the escaped parolee, person under transitional control, or	43558
releasee is not apprehended and returned to the custody of the	43559
department of ~~mental health~~mental health and addiction services	43560
or the department of developmental disabilities within ninety days	43561
after the escape, the parolee, person under transitional control,	43562
or releasee shall be discharged from the custody of the department	43563
of ~~mental health~~mental health and addiction services or the	43564
department of developmental disabilities and returned to the	43565
custody of the department of rehabilitation and correction. If the	43566
escaped person under a community control sanction is not	43567
apprehended and returned to the custody of the department of	43568
~~mental health~~mental health and addiction services or the	43569
department of developmental disabilities within ninety days after	43570
the escape, the person under a community control sanction shall be	43571
discharged from the custody of the department of ~~mental health~~	43572
mental health and addiction services or the department of	43573
developmental disabilities and returned to the custody of the	43574
court that sentenced that person.	43575

Sec. 2981.01. (A) Forfeitures under this chapter shall be	43576
governed by all of the following purposes:	43577

(1) To provide economic disincentives and remedies to deter	43578
and offset the economic effect of offenses by seizing and	43579
forfeiting contraband, proceeds, and certain instrumentalities;	43580

(2) To ensure that seizures and forfeitures of	43581
instrumentalities are proportionate to the offense committed;	43582

(3) To protect third parties from wrongful forfeiture of	43583
their property;	43584

(4) To prioritize restitution for victims of offenses.

43585

(B) As used in this chapter:

43586

(1) "Aircraft" has the same meaning as in section 4561.01 of	43587
the Revised Code.	43588

(2) "Computers," "computer networks," "computer systems,"	43589
"computer software," and "telecommunications device" have the same	43590
meanings as in section 2913.01 of the Revised Code.	43591

(3) "Financial institution" means a bank, credit union,	43592
savings and loan association, or a licensee or registrant under	43593
Chapter 1321. of the Revised Code.	43594

(4) "Firearm" and "dangerous ordnance" have the same meanings	43595
as in section 2923.11 of the Revised Code.	43596

(5) "Innocent person" includes any bona fide purchaser of	43597
property that is subject to forfeiture, including any person who	43598
establishes a valid claim to or interest in the property in	43599
accordance with section 2923.04 of the Revised Code, and any	43600
victim of an alleged offense.	43601

(6) "Instrumentality" means property otherwise lawful to	43602
possess that is used in or intended to be used in an offense. An	43603
"instrumentality" may include, but is not limited to, a firearm, a	43604
mobile instrumentality, a computer, a computer network, a computer	43605
system, computer software, a telecommunications device, money, and	43606
any other means of exchange.	43607

(7) "Law enforcement agency" includes, but is not limited to,	43608
the state board of pharmacy, the enforcement division of the	43609
department of taxation, the Ohio casino control commission, and	43610
the office of the prosecutor.	43611

(8) "Mobile instrumentality" means an instrumentality that is	43612
inherently mobile and used in the routine transport of persons.	43613
"Mobile instrumentality" includes, but is not limited to, any	43614
vehicle, any watercraft, and any aircraft.	43615

(9) "Money" has the same meaning as in section 1301.201 of	43616
the Revised Code.	43617

(10) "Offense" means any act or omission that could be	43618
charged as a criminal offense or a delinquent act, whether or not	43619
a formal criminal prosecution or delinquent child proceeding began	43620
at the time the forfeiture is initiated. Except as otherwise	43621
specified, an offense for which property may be forfeited includes	43622
any felony and any misdemeanor. The commission of an "offense"	43623
includes the commission of a delinquent act.	43624

(11) "Proceeds" means both of the following:

43625

(a) In cases involving unlawful goods, services, or	43626
activities, "proceeds" means any property derived directly or	43627
indirectly from an offense. "Proceeds" may include, but is not	43628
limited to, money or any other means of exchange. "Proceeds" is	43629
not limited to the net gain or profit realized from the offense.	43630

(b) In cases involving lawful goods or services that are sold	43631
or provided in an unlawful manner, "proceeds" means the amount of	43632
money or other means of exchange acquired through the illegal	43633
transactions resulting in the forfeiture, less the direct costs	43634
lawfully incurred in providing the goods or services. The lawful	43635
costs deduction does not include any part of the overhead expenses	43636
of, or income taxes paid by, the entity providing the goods or	43637
services. The alleged offender or delinquent child has the burden	43638
to prove that any costs are lawfully incurred.	43639

(12) "Property" means "property" as defined in section	43640
2901.01 of the Revised Code and any benefit, privilege, claim,	43641
position, interest in an enterprise, or right derived, directly or	43642
indirectly, from the offense.	43643

(13) "Property subject to forfeiture" includes contraband and	43644
proceeds and may include instrumentalities as provided in this	43645
chapter.	43646

(14) "Prosecutor" has the same meaning as in section 2935.01	43647
of the Revised Code. When relevant, "prosecutor" also includes the	43648
attorney general.	43649

(15) "Vehicle" has the same meaning as in section 4501.01 of	43650
the Revised Code.	43651

(16) "Watercraft" has the same meaning as in section 1547.01	43652
of the Revised Code.	43653

(C) The penalties and procedures under Chapters 2923., 2925.,	43654
~~and~~ 2933., and 3772. of the Revised Code remain in effect to the	43655
extent that they do not conflict with this chapter.	43656

Sec. 2981.12. (A) Unclaimed or forfeited property in the	43657
custody of a law enforcement agency, other than property described	43658
in division (A)(2) of section 2981.11 of the Revised Code, shall	43659
be disposed of by order of any court of record that has	43660
territorial jurisdiction over the political subdivision that	43661
employs the law enforcement agency, as follows:	43662

(1) Drugs shall be disposed of pursuant to section 3719.11 of	43663
the Revised Code or placed in the custody of the secretary of the	43664
treasury of the United States for disposal or use for medical or	43665
scientific purposes under applicable federal law.	43666

(2) Firearms and dangerous ordnance suitable for police work	43667
may be given to a law enforcement agency for that purpose.	43668
Firearms suitable for sporting use or as museum pieces or	43669
collectors' items may be sold at public auction pursuant to	43670
division (B) of this section. The agency may sell other firearms	43671
and dangerous ordnance to a federally licensed firearms dealer in	43672
a manner that the court considers proper. The agency shall destroy	43673
any firearms or dangerous ordnance not given to a law enforcement	43674
agency or sold or shall send them to the bureau of criminal	43675
identification and investigation for destruction by the bureau.	43676

(3) Obscene materials shall be destroyed.

43677

(4) Beer, intoxicating liquor, or alcohol seized from a	43678
person who does not hold a permit issued under Chapters 4301. and	43679
4303. of the Revised Code or otherwise forfeited to the state for	43680
an offense under section 4301.45 or 4301.53 of the Revised Code	43681
shall be sold by the division of liquor control if the division	43682
determines that it is fit for sale or shall be placed in the	43683
custody of the investigations unit in the department of public	43684
safety and be used for training relating to law enforcement	43685
activities. The department, with the assistance of the division of	43686
liquor control, shall adopt rules in accordance with Chapter 119.	43687
of the Revised Code to provide for the distribution to state or	43688
local law enforcement agencies upon their request. If any tax	43689
imposed under Title XLIII of the Revised Code has not been paid in	43690
relation to the beer, intoxicating liquor, or alcohol, any moneys	43691
acquired from the sale shall first be used to pay the tax. All	43692
other money collected under this division shall be paid into the	43693
state treasury. Any beer, intoxicating liquor, or alcohol that the	43694
division determines to be unfit for sale shall be destroyed.	43695

(5) Money received by an inmate of a correctional institution	43696
from an unauthorized source or in an unauthorized manner shall be	43697
returned to the sender, if known, or deposited in the inmates'	43698
industrial and entertainment fund of the institution if the sender	43699
is not known.	43700

(6)(a) Any mobile instrumentality forfeited under this	43701
chapter may be given to the law enforcement agency that initially	43702
seized the mobile instrumentality for use in performing its	43703
duties, if the agency wants the mobile instrumentality. The agency	43704
shall take the mobile instrumentality subject to any security	43705
interest or lien on the mobile instrumentality.	43706

(b) Vehicles and vehicle parts forfeited under sections	43707
4549.61 to 4549.63 of the Revised Code may be given to a law	43708
enforcement agency for use in performing its duties. Those parts	43709
may be incorporated into any other official vehicle. Parts that do	43710
not bear vehicle identification numbers or derivatives of them may	43711
be sold or disposed of as provided by rules of the director of	43712
public safety. Parts from which a vehicle identification number or	43713
derivative of it has been removed, defaced, covered, altered, or	43714
destroyed and that are not suitable for police work or	43715
incorporation into an official vehicle shall be destroyed and sold	43716
as junk or scrap.	43717

(7) Computers, computer networks, computer systems, and	43718
computer software suitable for police work may be given to a law	43719
enforcement agency for that purpose or disposed of under division	43720
(B) of this section.	43721

(8) Money seized in connection with a violation of section	43722
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	43723
deposited in the victims of human trafficking fund created by	43724
section 5101.87 of the Revised Code.	43725

(B) Unclaimed or forfeited property that is not described in	43726
division (A) of this section or division (A)(2) of section 2981.11	43727
of the Revised Code, with court approval, may be used by the law	43728
enforcement agency in possession of it. If it is not used by the	43729
agency, it may be sold without appraisal at a public auction to	43730
the highest bidder for cash or disposed of in another manner that	43731
the court considers proper.	43732

(C) Except as provided in divisions (A) and (F) of this	43733
section and after compliance with division (D) of this section	43734
when applicable, any moneys acquired from the sale of property	43735
disposed of pursuant to this section shall be placed in the	43736
general revenue fund of the state, or the general fund of the	43737
county, the township, or the municipal corporation of which the	43738
law enforcement agency involved is an agency.	43739

(D) If the property was in the possession of the law	43740
enforcement agency in relation to a delinquent child proceeding in	43741
a juvenile court, ten per cent of any moneys acquired from the	43742
sale of property disposed of under this section shall be applied	43743
to one or more ~~alcohol and drug~~community addiction treatment	43744
~~programs~~services providers that are certified by the department	43745
of ~~alcohol and drug addiction services~~mental health and addiction	43746
services under section ~~3793.06~~5119.36 of the Revised Code. A	43747
juvenile court shall not specify a ~~program~~services provider,	43748
except as provided in this division, unless the ~~program~~services	43749
provider is in the same county as the court or in a contiguous	43750
county. If no certified ~~program~~services provider is located in	43751
any of those counties, the juvenile court may specify a certified	43752
~~program~~services provider anywhere in Ohio. The remaining ninety	43753
per cent of the proceeds or cash shall be applied as provided in	43754
division (C) of this section.	43755

Each ~~treatment program~~services provider that receives in any	43756
calendar year forfeited money under this division shall file an	43757
annual report for that year with the attorney general and with the	43758
court of common pleas and board of county commissioners of the	43759
county in which the ~~program~~services provider is located and of	43760
any other county from which the ~~program~~services provider received	43761
forfeited money. The ~~program~~services provider shall file the	43762
report on or before the first day of March in the calendar year	43763
following the calendar year in which the ~~program~~services provider	43764
received the money. The report shall include statistics on the	43765
number of persons the ~~program~~services provider served, identify	43766
the types of treatment services it provided to them, and include a	43767
specific accounting of the purposes for which it used the money so	43768
received. No information contained in the report shall identify,	43769
or enable a person to determine the identity of, any person served	43770
by the ~~program~~services provider.	43771

(E) Each certified ~~alcohol and drug~~community addiction	43772
~~treatment program~~services provider that receives in any calendar	43773
year money under this section or under section 2981.13 of the	43774
Revised Code as the result of a juvenile forfeiture order shall	43775
file an annual report for that calendar year with the attorney	43776
general and with the court of common pleas and board of county	43777
commissioners of the county in which the ~~program~~services provider	43778
is located and of any other county from which the ~~program~~services	43779
provider received the money. The ~~program~~services provider shall	43780
file the report on or before the first day of March in the	43781
calendar year following the year in which the ~~program~~services	43782
provider received the money. The report shall include statistics	43783
on the number of persons served with the money, identify the types	43784
of treatment services provided, and specifically account for how	43785
the money was used. No information in the report shall identify or	43786
enable a person to determine the identity of anyone served by the	43787
~~program~~services provider.	43788

As used in this division, "juvenile-related forfeiture order"	43789
means any forfeiture order issued by a juvenile court under	43790
section 2981.04 or 2981.05 of the Revised Code and any disposal of	43791
property ordered by a court under section 2981.11 of the Revised	43792
Code regarding property that was in the possession of a law	43793
enforcement agency in relation to a delinquent child proceeding in	43794
a juvenile court.	43795

(F) Each board of county commissioners that recognizes a	43796
citizens' reward program under section 9.92 of the Revised Code	43797
shall notify each law enforcement agency of that county and of a	43798
township or municipal corporation wholly located in that county of	43799
the recognition by filing a copy of its resolution conferring that	43800
recognition with each of those agencies. When the board recognizes	43801
a citizens' reward program and the county includes a part, but not	43802
all, of the territory of a municipal corporation, the board shall	43803
so notify the law enforcement agency of that municipal corporation	43804
of the recognition of the citizens' reward program only if the	43805
county contains the highest percentage of the municipal	43806
corporation's population.	43807

Upon being so notified, each law enforcement agency shall pay	43808
twenty-five per cent of any forfeited proceeds or cash derived	43809
from each sale of property disposed of pursuant to this section to	43810
the citizens' reward program for use exclusively to pay rewards.	43811
No part of the funds may be used to pay expenses associated with	43812
the program. If a citizens' reward program that operates in more	43813
than one county or in another state in addition to this state	43814
receives funds under this section, the funds shall be used to pay	43815
rewards only for tips and information to law enforcement agencies	43816
concerning offenses committed in the county from which the funds	43817
were received.	43818

Receiving funds under this section or section 2981.11 of the	43819
Revised Code does not make the citizens' reward program a	43820
governmental unit or public office for purposes of section 149.43	43821
of the Revised Code.	43822

(G) Any property forfeited under this chapter shall not be	43823
used to pay any fine imposed upon a person who is convicted of or	43824
pleads guilty to an underlying criminal offense or a different	43825
offense arising out of the same facts and circumstances.	43826

(H) Any moneys acquired from the sale of personal effects,	43827
tools, or other property seized because the personal effects,	43828
tools, or other property were used in the commission of a	43829
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	43830
Code or derived from the proceeds of the commission of a violation	43831
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	43832
disposed of pursuant to this section shall be placed in the	43833
victims of human trafficking fund created by section 5101.87 of	43834
the Revised Code.	43835

Sec. 2981.13. (A) Except as otherwise provided in this	43836
section, property ordered forfeited as contraband, proceeds, or an	43837
instrumentality pursuant to this chapter shall be disposed of,	43838
used, or sold pursuant to section 2981.12 of the Revised Code. If	43839
the property is to be sold under that section, the prosecutor	43840
shall cause notice of the proposed sale to be given in accordance	43841
with law.	43842

(B) If the contraband or instrumentality forfeited under this	43843
chapter is sold, any moneys acquired from a sale and any proceeds	43844
forfeited under this chapter shall be applied in the following	43845
order:	43846

(1) First, to pay costs incurred in the seizure, storage,	43847
maintenance, security, and sale of the property and in the	43848
forfeiture proceeding;	43849

(2) Second, in a criminal forfeiture case, to satisfy any	43850
restitution ordered to the victim of the offense or, in a civil	43851
forfeiture case, to satisfy any recovery ordered for the person	43852
harmed, unless paid from other assets;	43853

(3) Third, to pay the balance due on any security interest	43854
preserved under this chapter;	43855

(4) Fourth, apply the remaining amounts as follows:

43856

(a) If the forfeiture was ordered by a juvenile court, ten	43857
per cent to one or more certified alcohol and drug addiction	43858
treatment programs as provided in division (D) of section 2981.12	43859
of the Revised Code;	43860

(b) If the forfeiture was ordered in a juvenile court, ninety	43861
per cent, and if the forfeiture was ordered in a court other than	43862
a juvenile court, one hundred per cent to the law enforcement	43863
trust fund of the prosecutor and to the following fund supporting	43864
the law enforcement agency that substantially conducted the	43865
investigation: the law enforcement trust fund of the county	43866
sheriff, municipal corporation, township, or park district created	43867
under section 511.18 or 1545.01 of the Revised Code; the state	43868
highway patrol contraband, forfeiture, and other fund; the	43869
department of public safety investigative unit contraband,	43870
forfeiture, and other fund; the department of taxation enforcement	43871
fund; the board of pharmacy drug law enforcement fund created by	43872
division (B)(1) of section 4729.65 of the Revised Code; the	43873
medicaid fraud investigation and prosecution fund; the casino	43874
control commission enforcement fund created by section 3772.36 of	43875
the Revised Code; or the treasurer of state for deposit into the	43876
peace officer training commission fund if any other state law	43877
enforcement agency substantially conducted the investigation. In	43878
the case of property forfeited for medicaid fraud, any remaining	43879
amount shall be used by the attorney general to investigate and	43880
prosecute medicaid fraud offenses.	43881

If the prosecutor declines to accept any of the remaining	43882
amounts, the amounts shall be applied to the fund of the agency	43883
that substantially conducted the investigation.	43884

(c) If more than one law enforcement agency is substantially	43885
involved in the seizure of property forfeited under this chapter,	43886
the court ordering the forfeiture shall equitably divide the	43887
amounts, after calculating any distribution to the law enforcement	43888
trust fund of the prosecutor pursuant to division (B)(4) of this	43889
section, among the entities that the court determines were	43890
substantially involved in the seizure.	43891

(C)(1) A law enforcement trust fund shall be established by	43892
the prosecutor of each county who intends to receive any remaining	43893
amounts pursuant to this section, by the sheriff of each county,	43894
by the legislative authority of each municipal corporation, by the	43895
board of township trustees of each township that has a township	43896
police department, township or joint police district police force,	43897
or office of the constable, and by the board of park commissioners	43898
of each park district created pursuant to section 511.18 or	43899
1545.01 of the Revised Code that has a park district police force	43900
or law enforcement department, for the purposes of this section.	43901

There is hereby created in the state treasury the state	43902
highway patrol contraband, forfeiture, and other fund, the	43903
department of public safety investigative unit contraband,	43904
forfeiture, and other fund, the medicaid fraud investigation and	43905
prosecution fund, the department of taxation enforcement fund, and	43906
the peace officer training commission fund, for the purposes of	43907
this section.	43908

Amounts distributed to any municipal corporation, township,	43909
or park district law enforcement trust fund shall be allocated	43910
from the fund by the legislative authority only to the police	43911
department of the municipal corporation, by the board of township	43912
trustees only to the township police department, township police	43913
district police force, or office of the constable, by the joint	43914
police district board only to the joint police district, and by	43915
the board of park commissioners only to the park district police	43916
force or law enforcement department.	43917

(2)(a) No amounts shall be allocated to a fund created under	43918
this section or used by an agency unless the agency has adopted a	43919
written internal control policy that addresses the use of moneys	43920
received from the appropriate fund. The appropriate fund shall be	43921
expended only in accordance with that policy and, subject to the	43922
requirements specified in this section, only for the following	43923
purposes:	43924

(i) To pay the costs of protracted or complex investigations	43925
or prosecutions;	43926

(ii) To provide reasonable technical training or expertise;

43927

(iii) To provide matching funds to obtain federal grants to	43928
aid law enforcement, in the support of DARE programs or other	43929
programs designed to educate adults or children with respect to	43930
the dangers associated with the use of drugs of abuse;	43931

(iv) To pay the costs of emergency action taken under section	43932
3745.13 of the Revised Code relative to the operation of an	43933
illegal methamphetamine laboratory if the forfeited property or	43934
money involved was that of a person responsible for the operation	43935
of the laboratory;	43936

(v) For other law enforcement purposes that the	43937
superintendent of the state highway patrol, department of public	43938
safety, prosecutor, county sheriff, legislative authority,	43939
department of taxation, Ohio casino control commission, board of	43940
township trustees, or board of park commissioners determines to be	43941
appropriate.	43942

(b) The board of pharmacy drug law enforcement fund shall be	43943
expended only in accordance with the written internal control	43944
policy so adopted by the board and only in accordance with section	43945
4729.65 of the Revised Code, except that it also may be expended	43946
to pay the costs of emergency action taken under section 3745.13	43947
of the Revised Code relative to the operation of an illegal	43948
methamphetamine laboratory if the forfeited property or money	43949
involved was that of a person responsible for the operation of the	43950
laboratory.	43951

(c) The state highway patrol contraband, forfeiture, and	43952
other fund, the department of public safety investigative unit	43953
contraband, forfeiture, and other fund, the department of taxation	43954
enforcement fund, the board of pharmacy drug law enforcement fund,	43955
the casino control commission enforcement fund, and a law	43956
enforcement trust fund shall not be used to meet the operating	43957
costs of the state highway patrol, of the investigative unit of	43958
the department of public safety, of the state board of pharmacy,	43959
of any political subdivision, of the Ohio casino control	43960
commission, or of any office of a prosecutor or county sheriff	43961
that are unrelated to law enforcement.	43962

(d) Forfeited moneys that are paid into the state treasury to	43963
be deposited into the peace officer training commission fund shall	43964
be used by the commission only to pay the costs of peace officer	43965
training.	43966

(3) Any of the following offices or agencies that receive	43967
amounts under this section during any calendar year shall file a	43968
report with the specified entity, not later than the thirty-first	43969
day of January of the next calendar year, verifying that the	43970
moneys were expended only for the purposes authorized by this	43971
section or other relevant statute and specifying the amounts	43972
expended for each authorized purpose:	43973

(a) Any sheriff or prosecutor shall file the report with the	43974
county auditor.	43975

(b) Any municipal corporation police department shall file	43976
the report with the legislative authority of the municipal	43977
corporation.	43978

(c) Any township police department, township or joint police	43979
district police force, or office of the constable shall file the	43980
report with the board of township trustees of the township.	43981

(d) Any park district police force or law enforcement	43982
department shall file the report with the board of park	43983
commissioners of the park district.	43984

(e) The superintendent of the state highway patrol and the	43985
tax commissioner shall file the report with the attorney general.	43986

(f) The executive director of the state board of pharmacy	43987
shall file the report with the attorney general, verifying that	43988
cash and forfeited proceeds paid into the board of pharmacy drug	43989
law enforcement fund were used only in accordance with section	43990
4729.65 of the Revised Code.	43991

(g) The peace officer training commission shall file a report	43992
with the attorney general, verifying that cash and forfeited	43993
proceeds paid into the peace officer training commission fund	43994
pursuant to this section during the prior calendar year were used	43995
by the commission during the prior calendar year only to pay the	43996
costs of peace officer training.	43997

(h) The executive director of the Ohio casino control	43998
commission shall file the report with the attorney general,	43999
verifying that cash and forfeited proceeds paid into the casino	44000
control commission enforcement fund were used only in accordance	44001
with section 3772.36 of the Revised Code.	44002

(D) The written internal control policy of a county sheriff,	44003
prosecutor, municipal corporation police department, township	44004
police department, township or joint police district police force,	44005
office of the constable, or park district police force or law	44006
enforcement department shall provide that at least ten per cent of	44007
the first one hundred thousand dollars of amounts deposited during	44008
each calendar year in the agency's law enforcement trust fund	44009
under this section, and at least twenty per cent of the amounts	44010
exceeding one hundred thousand dollars that are so deposited,	44011
shall be used in connection with community preventive education	44012
programs. The manner of use shall be determined by the sheriff,	44013
prosecutor, department, police force, or office of the constable	44014
after receiving and considering advice on appropriate community	44015
preventive education programs from the county's board of alcohol,	44016
drug addiction, and mental health services, from the county's	44017
alcohol and drug addiction services board, or through appropriate	44018
community dialogue.	44019

The financial records kept under the internal control policy	44020
shall specify the amount deposited during each calendar year in	44021
the portion of that amount that was used pursuant to this	44022
division, and the programs in connection with which the portion of	44023
that amount was so used.	44024

As used in this division, "community preventive education	44025
programs" include, but are not limited to, DARE programs and other	44026
programs designed to educate adults or children with respect to	44027
the dangers associated with using drugs of abuse.	44028

(E) Upon the sale, under this section or section 2981.12 of	44029
the Revised Code, of any property that is required by law to be	44030
titled or registered, the state shall issue an appropriate	44031
certificate of title or registration to the purchaser. If the	44032
state is vested with title and elects to retain property that is	44033
required to be titled or registered under law, the state shall	44034
issue an appropriate certificate of title or registration.	44035

(F) Any failure of a law enforcement officer or agency,	44036
prosecutor, court, or the attorney general to comply with this	44037
section in relation to any property seized does not affect the	44038
validity of the seizure and shall not be considered to be the	44039
basis for suppressing any evidence resulting from the seizure,	44040
provided the seizure itself was lawful.	44041

Sec. 3101.051. (A) Except as provided in division (B) of	44042
this section, a probate court shall make available to any person	44043
for inspection the records pertaining to the issuance of marriage	44044
licenses as provided under section 149.43 of the Revised Code.	44045

(B) Before it makes available to a person any records	44046
pertaining to the issuance of a marriage license as described in	44047
division (A) of this section, subject to division (C) of this	44048
section, a probate court shall delete or otherwise remove any	44049
social security numbers of the parties to a marriage so that they	44050
are not available to the person inspecting the records.	44051

(C) Division (B) of this section does not apply in any of the	44052
following circumstances:	44053

(1) If the records in question are inspected by authorized	44054
personnel of the division of child support in the department of	44055
job and family services under section ~~5101.31~~5101.37 of the	44056
Revised Code;	44057

(2) If the records in question are inspected by law	44058
enforcement personnel for purposes of a criminal investigation;	44059

(3) If the records in question with the social security	44060
numbers are necessary for use in a civil or criminal trial and the	44061
release of the records with the social security numbers is ordered	44062
by a court with jurisdiction over the trial;	44063

(4) If the records in question are inspected by either party	44064
to the marriage to which the records pertain;	44065

(5) If the court possessed the records in question prior to	44066
the effective date of this section.	44067

Sec. 3107.083. Not later than ninety days after June 20,	44068
1996, the director of job and family services shall do all of the	44069
following:	44070

(A)(1) For a parent of a child who, if adopted, will be an	44071
adopted person as defined in section 3107.45 of the Revised Code,	44072
prescribe a form that has the following six components:	44073

(a) A component the parent signs under section 3107.071,	44074
3107.081, or 5103.151 of the Revised Code to indicate the	44075
requirements of section 3107.082 or 5103.152 of the Revised Code	44076
have been met. The component shall be as follows:	44077

"Statement Concerning Ohio Law and Adoption Materials	44078

By signing this component of this form, I acknowledge that it	44079
has been explained to me, and I understand, that, if I check the	44080
space on the next component of this form that indicates that I	44081
authorize the release, the adoption file maintained by the Ohio	44082
Department of Health, which contains identifying information about	44083
me at the time of my child's birth, will be released, on request,	44084
to the adoptive parent when the adoptee is at least age eighteen	44085
but younger than age twenty-one and to the adoptee when he or she	44086
is age twenty-one or older. It has also been explained to me, and	44087
I understand, that I may prohibit the release of identifying	44088
information about me contained in the adoption file by checking	44089
the space on the next component of this form that indicates that I	44090
do not authorize the release of the identifying information. It	44091
has additionally been explained to me, and I understand, that I	44092
may change my mind regarding the decision I make on the next	44093
component of this form at any time and as many times as I desire	44094
by signing, dating, and having filed with the Ohio Department of	44095
Health a denial of release form or authorization of release form	44096
prescribed and provided by the Department of Health and providing	44097
the Department two items of identification.	44098

By signing this component of this form, I also acknowledge	44099
that I have been provided a copy of written materials about	44100
adoption prepared by the Ohio Department of Job and Family	44101
Services, the adoption process and ramifications of consenting to	44102
adoption or entering into a voluntary permanent custody surrender	44103
agreement have been discussed with me, and I have been provided	44104
the opportunity to review the materials and ask questions about	44105
the materials and discussion.	44106

Signature of biological parent:		44107
Signature of witness:		44108
Date:	"	44109

(b) A component the parent signs under section 3107.071,	44110
3107.081, or 5103.151 of the Revised Code regarding the parent's	44111
decision whether to allow identifying information about the parent	44112
contained in an adoption file maintained by the department of	44113
health to be released to the parent's child and adoptive parent	44114
pursuant to section 3107.47 of the Revised Code. The component	44115
shall be as follows:	44116

"Statement Regarding Release of Identifying Information	44117

The purpose of this component of this form is to allow a	44118
biological parent to decide whether to allow the Ohio Department	44119
of Health to provide an adoptee and adoptive parent identifying	44120
information about the adoptee's biological parent contained in an	44121
adoption file maintained by the Department. Please check one of	44122
the following spaces:	44123

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		44124
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		44125

Signature of biological parent:		44126
Signature of witness:		44127
Date:	"	44128

(c) A component the parent, if the mother of the child,	44129
completes and signs under section 3107.071, 3107.081, or 5103.151	44130
of the Revised Code to indicate, to the extent of the mother's	44131
knowledge, all of the following:	44132

(i) Whether the mother, during her pregnancy, was a recipient	44133
of the ~~medical assistance~~medicaid program ~~established under~~	44134
~~Chapter 5111. of the Revised Code~~ or other public health insurance	44135
program and, if so, the dates her eligibility began and ended;	44136

(ii) Whether the mother, during her pregnancy, was covered by	44137
private health insurance and, if so, the dates the coverage began	44138
and ended, the name of the insurance provider, the type of	44139
coverage, and the identification number of the coverage;	44140

(iii) The name and location of the hospital, freestanding	44141
~~birth~~birthing center, or other place where the mother gave birth	44142
and, if different, received medical care immediately after giving	44143
birth;	44144

(iv) The expenses of the obstetrical and neonatal care;

44145

(v) Whether the mother has been informed that the adoptive	44146
parent or the agency or attorney arranging the adoption are to pay	44147
expenses involved in the adoption, including expenses the mother	44148
has paid and expects to receive or has received reimbursement,	44149
and, if so, what expenses are to be or have been paid and an	44150
estimate of the expenses;	44151

(vi) Any other information related to expenses the department	44152
determines appropriate to be included in this component.	44153

(d) A component the parent may sign to authorize the agency	44154
or attorney arranging the adoption to provide to the child or	44155
adoptive parent materials, other than photographs of the parent,	44156
that the parent requests be given to the child or adoptive parent	44157
pursuant to section 3107.68 of the Revised Code.	44158

(e) A component the parent may sign to authorize the agency	44159
or attorney arranging the adoption to provide to the child or	44160
adoptive parent photographs of the parent pursuant to section	44161
3107.68 of the Revised Code.	44162

(f) A component the parent may sign to authorize the agency	44163
or attorney arranging the adoption to provide to the child or	44164
adoptive parent the first name of the parent pursuant to section	44165
3107.68 of the Revised Code.	44166

(2) State at the bottom of the form that the parent is to	44167
receive a copy of the form the parent signed.	44168

(3) Provide copies of the form prescribed under this division	44169
to probate and juvenile courts, public children services agencies,	44170
private child placing agencies, private noncustodial agencies,	44171
attorneys, and persons authorized to take acknowledgments.	44172

(B)(1) For a parent of a child who, if adopted, will become	44173
an adopted person as defined in section 3107.39 of the Revised	44174
Code, prescribe a form that has the following five components:	44175

(a) A component the parent signs under section 3107.071,	44176
3107.081, or 5103.151 of the Revised Code to attest that the	44177
requirement of division (A) of section 3107.082 or division (A) of	44178
section 5103.152 of the Revised Code has been met;	44179

(b) A component the parent, if the mother of the child,	44180
completes and signs under section 3107.071, 3107.081, or 5103.151	44181
of the Revised Code to indicate, to the extent of the mother's	44182
knowledge, all of the following:	44183

(i) Whether the mother, during her pregnancy, was a recipient	44184
of the ~~medical assistance~~medicaid program ~~established under~~	44185
~~Chapter 5111. of the Revised Code~~ or other public health insurance	44186
program and, if so, the dates her eligibility began and ended;	44187

(ii) Whether the mother, during her pregnancy, was covered by	44188
private health insurance and, if so, the dates the coverage began	44189
and ended, the name of the insurance provider, the type of	44190
coverage, and the identification number of the coverage;	44191

(iii) The name and location of the hospital, freestanding	44192
~~birth~~birthing center, or other place where the mother gave birth	44193
and, if different, received medical care immediately after giving	44194
birth;	44195

(iv) The expenses of the obstetrical and neonatal care;

44196

(v) Whether the mother has been informed that the adoptive	44197
parent or the agency or attorney arranging the adoption are to pay	44198
expenses involved in the adoption, including expenses the mother	44199
has paid and expects to receive or has received reimbursement for,	44200
and, if so, what expenses are to be or have been paid and an	44201
estimate of the expenses;	44202

(vi) Any other information related to expenses the department	44203
determines appropriate to be included in the component.	44204

(c) A component the parent may sign to authorize the agency	44205
or attorney arranging the adoption to provide to the child or	44206
adoptive parent materials, other than photographs of the parent,	44207
that the parent requests be given to the child or adoptive parent	44208
pursuant to section 3107.68 of the Revised Code.	44209

(d) A component the parent may sign to authorize the agency	44210
or attorney arranging the adoption to provide to the child or	44211
adoptive parent photographs of the parent pursuant to section	44212
3107.68 of the Revised Code.	44213

(e) A component the parent may sign to authorize the agency	44214
or attorney arranging the adoption to provide to the child or	44215
adoptive parent the first name of the parent pursuant to section	44216
3107.68 of the Revised Code.	44217

(2) State at the bottom of the form that the parent is to	44218
receive a copy of the form the parent signed.	44219

(3) Provide copies of the form prescribed under this division	44220
to probate and juvenile courts, public children services agencies,	44221
private child placing agencies, private noncustodial agencies, and	44222
attorneys.	44223

(C) Prepare the written materials about adoption that are	44224
required to be given to parents under division (A) of section	44225
3107.082 and division (A) of section 5103.152 of the Revised Code.	44226
The materials shall provide information about the adoption	44227
process, including ramifications of a parent consenting to a	44228
child's adoption or entering into a voluntary permanent custody	44229
surrender agreement. The materials also shall include referral	44230
information for professional counseling and adoption support	44231
organizations. The director shall provide the materials to	44232
assessors.	44233

(D) Adopt rules in accordance with Chapter 119. of the	44234
Revised Code specifying the documents that must be filed with a	44235
probate court under divisions (B) and (D) of section 3107.081 of	44236
the Revised Code and a juvenile court under divisions (C) and (E)	44237
of section 5103.151 of the Revised Code.	44238

Sec. 3109.15. There is hereby created within the department	44239
of job and family services the children's trust fund board	44240
consisting of fifteen members. The directors of ~~alcohol and drug~~	44241
~~addiction services~~mental health and addiction services, health,	44242
and job and family services shall be members of the board. Eight	44243
public members shall be appointed by the governor. These members	44244
shall be persons with demonstrated knowledge in programs for	44245
children, shall be representative of the demographic composition	44246
of this state, and, to the extent practicable, shall be	44247
representative of the following categories: the educational	44248
community; the legal community; the social work community; the	44249
medical community; the voluntary sector; and professional	44250
providers of child abuse and child neglect services. Five of these	44251
members shall be residents of metropolitan statistical areas as	44252
defined by the United States office of management and budget where	44253
the population exceeds four hundred thousand; no two such members	44254
shall be residents of the same metropolitan statistical area. Two	44255
members of the board shall be members of the house of	44256
representatives appointed by the speaker of the house of	44257
representatives and shall be members of two different political	44258
parties. Two members of the board shall be members of the senate	44259
appointed by the president of the senate and shall be members of	44260
two different political parties. All members of the board	44261
appointed by the speaker of the house of representatives or the	44262
president of the senate shall serve until the expiration of the	44263
sessions of the general assembly during which they were appointed.	44264
They may be reappointed to an unlimited number of successive terms	44265
of two years at the pleasure of the speaker of the house of	44266
representatives or president of the senate. Public members shall	44267
serve terms of three years. Each member shall serve until the	44268
member's successor is appointed, or until a period of sixty days	44269
has elapsed, whichever occurs first. No public member may serve	44270
more than two consecutive full terms. All vacancies on the board	44271
shall be filled for the balance of the unexpired term in the same	44272
manner as the original appointment.	44273

Any member of the board may be removed by the member's	44274
appointing authority for misconduct, incompetency, or neglect of	44275
duty after first being given the opportunity to be heard in the	44276
member's own behalf. Pursuant to section 3.17 of the Revised Code,	44277
a member, except a member of the general assembly or a judge of	44278
any court in the state, who fails to attend at least three-fifths	44279
of the regular and special meetings held by the board during any	44280
two-year period forfeits the member's position on the board.	44281

Each member of the board shall serve without compensation but	44282
shall be reimbursed for all actual and necessary expenses incurred	44283
in the performance of official duties.	44284

At the beginning of the first year of each even-numbered	44285
general assembly, the chairperson of the board shall be appointed	44286
by the speaker of the house of representatives from among members	44287
of the board who are members of the house of representatives. At	44288
the beginning of the first year of each odd-numbered general	44289
assembly, the chairperson of the board shall be appointed by the	44290
president of the senate from among the members of the board who	44291
are senate members.	44292

The board shall biennially select a vice-chair from among its	44293
nonlegislative members.	44294

Sec. 3111.04. (A) An action to determine the existence or	44295
nonexistence of the father and child relationship may be brought	44296
by the child or the child's personal representative, the child's	44297
mother or her personal representative, a man alleged or alleging	44298
himself to be the child's father, the child support enforcement	44299
agency of the county in which the child resides if the child's	44300
mother, father, or alleged father is a recipient of public	44301
assistance or of services under Title IV-D of the "Social Security	44302
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	44303
alleged father's personal representative.	44304

(B) An agreement does not bar an action under this section.

44305

(C) If an action under this section is brought before the	44306
birth of the child and if the action is contested, all	44307
proceedings, except service of process and the taking of	44308
depositions to perpetuate testimony, may be stayed until after the	44309
birth.	44310

(D) A recipient of public assistance or of services under	44311
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	44312
U.S.C.A. 651, as amended, shall cooperate with the child support	44313
enforcement agency of the county in which a child resides to	44314
obtain an administrative determination pursuant to sections	44315
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	44316
determination pursuant to sections 3111.01 to 3111.18 of the	44317
Revised Code, of the existence or nonexistence of a parent and	44318
child relationship between the father and the child. If the	44319
recipient fails to cooperate, the agency may commence an action to	44320
determine the existence or nonexistence of a parent and child	44321
relationship between the father and the child pursuant to sections	44322
3111.01 to 3111.18 of the Revised Code.	44323

(E) As used in this section, "public assistance" means all of	44324
the following:	44325

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

44326

(2) Ohio works first under Chapter 5107. of the Revised Code;

44327

(3) Disability financial assistance under Chapter 5115. of	44328
the Revised Code.	44329

Sec. 3111.72. The contract between the department of job and	44330
family services and a local hospital shall require all of the	44331
following:	44332

(A) That the hospital provide a staff person to meet with	44333
each unmarried mother who gave birth in or en route to the	44334
hospital within twenty-four hours of the birth or before the	44335
mother is released from the hospital;	44336

(B) That the staff person attempt to meet with the father of	44337
the unmarried mother's child if possible;	44338

(C) That the staff person explain to the unmarried mother and	44339
the father, if he is present, the benefit to the child of	44340
establishing a parent and child relationship between the father	44341
and the child and the various proper procedures for establishing a	44342
parent and child relationship;	44343

(D) That the staff person present to the unmarried mother	44344
and, if possible, the father, the pamphlet or statement regarding	44345
the rights and responsibilities of a natural parent that is	44346
prepared and provided by the department of job and family services	44347
pursuant to section 3111.32 of the Revised Code;	44348

(E) That the staff person provide the mother and, if	44349
possible, the father, all forms and statements necessary to	44350
voluntarily establish a parent and child relationship, including,	44351
but not limited to, the acknowledgment of paternity affidavit	44352
prepared by the department of job and family services pursuant to	44353
section 3111.31 of the Revised Code;	44354

(F) That the staff person, at the request of both the mother	44355
and father, help the mother and father complete any form or	44356
statement necessary to establish a parent and child relationship;	44357

(G) That the hospital provide a notary public to notarize an	44358
acknowledgment of paternity affidavit signed by the mother and	44359
father;	44360

(H) That the staff person present to an unmarried mother who	44361
is not participating in the Ohio works first program established	44362
under Chapter 5107. of the Revised Code or receiving ~~medical~~	44363
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	44364
application for Title IV-D services;	44365

(I) That the staff person forward any completed	44366
acknowledgment of paternity, no later than ten days after it is	44367
completed, to the office of child support in the department of job	44368
and family services;	44369

(J) That the department of job and family services pay the	44370
hospital twenty dollars for every correctly signed and notarized	44371
acknowledgment of paternity affidavit from the hospital.	44372

Sec. 3119.29. (A) As used in this section and sections	44373
3119.30 to 3119.56 of the Revised Code:	44374

(1) "Cash medical support" means an amount ordered to be paid	44375
in a child support order toward the cost of health insurance	44376
provided by a public entity, another parent, or person with whom	44377
the child resides, through employment or otherwise, or for other	44378
medical cost not covered by insurance.	44379

(2) "Federal poverty line" has the same meaning as defined in	44380
section 5104.01 of the Revised Code.	44381

(3) "Health care" means such medical support that includes	44382
coverage under a health insurance plan, payment of costs of	44383
premiums, ~~co-payments~~copayments, and deductibles, or payment for	44384
medical expenses incurred on behalf of the child.	44385

(4) "Health insurance coverage" means accessible private	44386
health insurance that provides primary care services within thirty	44387
miles from the residence of the child subject to the child support	44388
order.	44389

(5) "Health plan administrator" means any entity authorized	44390
under Title XXXIX of the Revised Code to engage in the business of	44391
insurance in this state, any health insuring corporation, any	44392
legal entity that is self-insured and provides benefits to its	44393
employees or members, and the administrator of any such entity or	44394
corporation.	44395

(6) "National medical support notice" means a form required	44396
by the "Child Support Performance and Incentive Act of 1998," P.L.	44397
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	44398
jointly developed and promulgated by the secretary of health and	44399
human services and the secretary of labor in federal regulations	44400
adopted under that act as modified by the department of job and	44401
family services under section 3119.291 of the Revised Code.	44402

(7) "Person required to provide health insurance coverage"	44403
means the obligor, obligee, or both, required by the court under a	44404
court child support order or by the child support enforcement	44405
agency under an administrative child support order to provide	44406
health insurance coverage pursuant to section 3119.30 of the	44407
Revised Code.	44408

(8) Subject to division (B) of this section, "reasonable	44409
cost" means the contributing cost of private family health	44410
insurance to the person responsible for the health care of the	44411
children subject to the child support order that does not exceed	44412
an amount equal to five per cent of the annual gross income of	44413
that person.	44414

(9) "Title XIX" has the same meaning as ~~defined~~ in section	44415
~~5111.20~~5165.01 of the Revised Code.	44416

(B) If the United States secretary of health and human	44417
services issues a regulation defining "reasonable cost" or a	44418
similar term or phrase relevant to the provisions in child support	44419
orders relating to the provision of health care for children	44420
subject to the orders, and if that definition is substantively	44421
different from the meaning of "reasonable cost" as defined in	44422
division (A) of this section, "reasonable cost" as used in this	44423
section shall have the meaning as defined by the United States	44424
secretary of health and human services.	44425

Sec. 3119.54. A party to a child support order issued in	44426
accordance with section 3119.30 of the Revised Code shall notify	44427
any physician, hospital, or other provider of medical services	44428
that provides medical services to the child who is the subject of	44429
the child support order of the number of any health insurance or	44430
health care policy, contract, or plan that covers the child if the	44431
child is eligible for ~~medical assistance under Chapter 5111. of~~	44432
~~the Revised Code~~medicaid. The party shall include in the notice	44433
the name and address of the insurer. Any physician, hospital, or	44434
other provider of medical services ~~for which medical assistance is~~	44435
~~available under Chapter 5111. of the Revised Code~~covered by the	44436
medicaid program who is notified under this section of the	44437
existence of a health insurance or health care policy, contract,	44438
or plan with coverage for children who are eligible for ~~medical~~	44439
~~assistance~~medicaid shall first bill the insurer for any services	44440
provided for those children. If the insurer fails to pay all or	44441
any part of a claim filed under this section and the services for	44442
which the claim is filed are covered by ~~Chapter 5111. of the~~	44443
~~Revised Code~~the medicaid program, the physician, hospital, or	44444
other medical services provider shall bill the remaining unpaid	44445
costs of the services ~~in accordance with Chapter 5111. of the~~	44446
~~Revised Code~~to the medicaid program.	44447

Sec. 3121.441. (A) Notwithstanding the provisions of this	44448
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	44449
and 5107.20 of the Revised Code providing for the office of child	44450
support in the department of job and family services to collect,	44451
withhold, or deduct spousal support, when a court pursuant to	44452
section 3105.18 or 3105.65 of the Revised Code issues or modifies	44453
an order requiring an obligor to pay spousal support or grants or	44454
modifies a decree of dissolution of marriage incorporating a	44455
separation agreement that provides for spousal support, or at any	44456
time after the issuance, granting, or modification of an order or	44457
decree of that type, the court may permit the obligor to make the	44458
spousal support payments directly to the obligee instead of to the	44459
office if the obligee and the obligor have no minor children born	44460
as a result of their marriage and the obligee has not assigned the	44461
spousal support amounts to the department pursuant to section	44462
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	44463

(B) A court that permits an obligor to make spousal support	44464
payments directly to the obligee pursuant to division (A) of this	44465
section shall order the obligor to make the spousal support	44466
payments as a check, as a money order, or in any other form that	44467
establishes a clear record of payment.	44468

(C) If a court permits an obligor to make spousal support	44469
payments directly to an obligee pursuant to division (A) of this	44470
section and the obligor is in default in making any spousal	44471
support payment to the obligee, the court, upon motion of the	44472
obligee or on its own motion, may rescind the permission granted	44473
under that division. After the rescission, the court shall	44474
determine the amount of arrearages in the spousal support payments	44475
and order the obligor to make to the office of child support in	44476
the department of job and family services any spousal support	44477
payments that are in arrears and any future spousal support	44478
payments. Upon the issuance of the order of the court under this	44479
division, the provisions of this chapter, Chapters 3119., 3123.,	44480
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	44481
apply with respect to the collection, withholding, or deduction of	44482
the obligor's spousal support payments that are the subject of	44483
that order of the court.	44484

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	44485
the Revised Code:	44486

(A) "Contractor" means an individual who provides services to	44487
an employer as an independent contractor for compensation that is	44488
reported as income other than wages and who is an individual, the	44489
sole shareholder of a corporation, or the sole member of a limited	44490
liability company. "Contractor" does not include any of the	44491
following:	44492

(1) An individual performing intelligence or	44493
counterintelligence functions for a state agency if the head of	44494
the agency has determined that reporting pursuant to this section	44495
could endanger the safety of the individual or compromise an	44496
ongoing investigation or intelligence mission;	44497

(2) A professionally licensed person who is providing	44498
services to the employer under that license;	44499

(3) An individual who will receive for the services provided	44500
under the contract compensation of less than two thousand five	44501
hundred dollars per year or a greater amount that the director of	44502
job and family services establishes by rule adopted under section	44503
3121.896 of the Revised Code.	44504

(B) "Employee" means an individual who is employed to provide	44505
services to an employer for compensation that is reported as	44506
income from wages. "Employee" does not include an individual	44507
performing intelligence or counterintelligence functions for a	44508
state agency, if the head of the agency has determined that	44509
reporting pursuant to this section could endanger the safety of	44510
the employee or compromise an ongoing investigation or	44511
intelligence mission.	44512

(C) "Employer" means any person or governmental entity other	44513
than the federal government for which an individual performs any	44514
service, of whatever nature, as the employee or contractor of such	44515
person, except that:	44516

(1) If the person for whom the individual performs services	44517
does not have control of the payment of compensation for the	44518
services, "employer" means the person having control of the	44519
payment of the compensation.	44520

(2) In the case of a person paying compensation on behalf of	44521
a nonresident alien individual, foreign partnership, or foreign	44522
corporation not engaged in trade or business within the United	44523
States, "employer" means the person paying the compensation.	44524

(3) In the case of compensation paid to a contractor,	44525
"employer" does not include any person or entity that lacks a	44526
federal employer identification number.	44527

(D) "Newly hired employee" means either of the following:

44528

(1) An employee who has not previously been employed by the	44529
employer;	44530

(2) An employee who was previously employed by an employer	44531
but has been separated from that prior employment for at least	44532
sixty consecutive days.	44533

(E) "Professionally licensed person" has the same meaning as	44534
in section 2925.01 of the Revised Code.	44535

Sec. 3121.891. (A) Except as provided in division (B) or (C)	44536
of this section, every employer shall make a new hire report to	44537
the department of job and family services regarding ~~the hiring,~~	44538
~~rehiring, or return to work as an~~a newly hired employee or a	44539
contractor of a person who resides, works, or will be assigned to	44540
work in this state to whom the employer anticipates paying	44541
compensation.	44542

(B) An employer with employees or contractors in two or more	44543
states that transmits new hire reports magnetically or	44544
electronically may make the new hire report to another state if	44545
the employer does both of the following:	44546

(1) Notifies the Ohio department of job and family services	44547
and the United States secretary of health and human services in	44548
writing that the employer has designated another state as the	44549
state to which the employer will transmit the report;	44550

(2) Transmits the report to that state in compliance with	44551
federal law.	44552

(C) The department may by rule exempt employers from making	44553
new hire reports on any classification of contractors if the	44554
department determines that exempting the employer will assist the	44555
administration of the new hire reporting requirement.	44556

Sec. 3121.892. (A) An employer shall include all of the	44557
following in each new hire report:	44558

(1) For each employee, the employee's name, address, date of	44559
birth, social security number, and date of hire~~, rehire, or return~~	44560
~~to work~~;	44561

(2) For each contractor, the contractor's name, address,	44562
social security or tax identification number, the date payments	44563
begin, and the length of time the contractor will be performing	44564
services for the employer;	44565

(3) The employer's name, address, and identification number.

44566

(B) The department of job and family services may by rule	44567
require that additional information, specified in the rule, be	44568
included in each new hire report.	44569

Sec. 3121.893. An employer shall make a new hire report for	44570
each newly hired employee or contractor in a manner prescribed by	44571
the department of job and family services. The department may	44572
require that the report include or consist of the submission of a	44573
copy of the United States internal revenue service form W-4	44574
(employee's withholding allowance certificate) for the employee, a	44575
form provided by the department, or any other hiring document or	44576
data storage device or mechanism the department authorizes. An	44577
employer may make the new hire report by mail, fax, magnetic or	44578
electronic means, or other means the department authorizes. If an	44579
employer makes a new hire report by mail, the date of making the	44580
report is the postmark date if the report is mailed in the United	44581
States with first class postage and is addressed as the department	44582
authorizes. An employer shall make the new hire report not later	44583
than twenty days after the date on which the employer hires or	44584
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	44585
which the employer engages or re-engages the contractor or the	44586
contractor resumes providing services under the contract.	44587

Sec. 3121.898. The department of job and family services	44588
shall use the new hire reports it receives for any of the	44589
following purposes set forth in 42 U.S.C. 653a, as amended,	44590
including:	44591

(A) To locate individuals for the purposes of establishing	44592
paternity and for establishing, modifying, and enforcing child	44593
support orders.	44594

(B) As used in this division, "state agency" means every	44595
department, bureau, board, commission, office, or other organized	44596
body established by the constitution or laws of this state for the	44597
exercise of state government; every entity of county government	44598
that is subject to the rules of a state agency; and every	44599
contractual agent of a state agency.	44600

To make available to any state agency responsible for	44601
administering any of the following programs for purposes of	44602
verifying program eligibility:	44603

(1) Any Title IV-A program as defined in section 5101.80 of	44604
the Revised Code;	44605

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	44606
~~Revised Code~~;	44607

(3) The unemployment compensation program authorized by	44608
Chapter 4141. of the Revised Code;	44609

(4) The supplemental nutrition assistance program authorized	44610
by section 5101.54 of the Revised Code;	44611

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	44612
amended.	44613

(C) The administration of the employment security program	44614
under the director of job and family services.	44615

Sec. 3123.958. The office of child support ~~shall~~may publish	44616
and distribute ~~the first~~a set of posters throughout the state ~~not~~	44617
~~later than October 1, 1992. The office shall publish and~~	44618
~~distribute subsequent sets of posters not less than twice~~	44619
annually.	44620

Sec. 3125.18. A child support enforcement agency shall	44621
administer a Title IV-A program identified under division	44622
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	44623
the department of job and family services provides for the agency	44624
to administer under the department's supervision pursuant to	44625
section 5101.801 of the Revised Code.	44626

Sec. 3125.36. (A) Subject to division (B) of this section,	44627
all support orders that are administered by a child support	44628
enforcement agency designated under section 307.981 of the Revised	44629
Code or former section 2301.35 of the Revised Code and are	44630
eligible for Title IV-D services shall be Title IV-D cases under	44631
Title IV-D of the "Social Security Act." Subject to division (B)	44632
of this section, all obligees of support orders administered by	44633
the agency shall be considered to have filed a signed application	44634
for Title IV-D services.	44635

(B) Except as provided in division (D) of this section, a	44636
court that issues or modifies a support order shall require the	44637
obligee under the order to sign, at the time of the issuance or	44638
modification of the order, an application for Title IV-D services	44639
and to file, as soon as possible, the signed application with the	44640
child support enforcement agency that will administer the order.	44641
The application shall be on a form prescribed by the department of	44642
job and family services. Except as provided in division (D) of	44643
this section, a support order that is administered by a child	44644
support enforcement agency, and that is eligible for Title IV-D	44645
services shall be a Title IV-D case under Title IV-D of the	44646
"Social Security Act" only upon the filing of the signed	44647
application for Title IV-D services.	44648

(C) A child support enforcement agency shall make available	44649
an application for Title IV-D services to all persons requesting a	44650
child support enforcement agency's assistance in an action under	44651
sections 3111.01 to 3111.18 of the Revised Code or in an	44652
administrative proceeding brought to establish a parent and child	44653
relationship, to establish or modify an administrative support	44654
order, or to establish or modify an order to provide health	44655
insurance coverage for the children subject to a support order.	44656

(D) An obligee under a support order who has assigned the	44657
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	44658
5160.38 of the Revised Code shall not be required to sign an	44659
application for Title IV-D services. The support order shall be	44660
considered a Title IV-D case.	44661

Sec. 3301.07. The state board of education shall exercise	44662
under the acts of the general assembly general supervision of the	44663
system of public education in the state. In addition to the powers	44664
otherwise imposed on the state board under the provisions of law,	44665
the board shall have the powers described in this section.	44666

(A) The state board shall exercise policy forming, planning,	44667
and evaluative functions for the public schools of the state	44668
except as otherwise provided by law.	44669

(B)(1) The state board shall exercise leadership in the	44670
improvement of public education in this state, and administer the	44671
educational policies of this state relating to public schools, and	44672
relating to instruction and instructional material, building and	44673
equipment, transportation of pupils, administrative	44674
responsibilities of school officials and personnel, and finance	44675
and organization of school districts, educational service centers,	44676
and territory. Consultative and advisory services in such matters	44677
shall be provided by the board to school districts and educational	44678
service centers of this state.	44679

(2) The state board also shall develop a standard of	44680
financial reporting which shall be used by each school district	44681
board of education and ~~educational service center~~each governing	44682
board of an educational service center, each governing authority	44683
of a community school established under Chapter 3314., each	44684
governing body of a STEM school established under Chapter 3328.,	44685
and each board of trustees of a college-preparatory boarding	44686
school established under Chapter 3328. of the Revised Code to make	44687
its financial information and annual budgets for each school	44688
building under its control available to the public in a format	44689
understandable by the average citizen. The format shall show,	44690
~~among other things,~~both at the district ~~and educational service~~	44691
~~center level or~~and at the school building level, ~~as determined~~	44692
~~appropriate by the department of education,~~ revenue by source;	44693
expenditures for salaries, wages, and benefits of employees,	44694
showing such amounts separately for classroom teachers, other	44695
employees required to hold licenses issued pursuant to sections	44696
3319.22 to 3319.31 of the Revised Code, and all other employees;	44697
expenditures other than for personnel, by category, including	44698
utilities, textbooks and other educational materials, equipment,	44699
permanent improvements, pupil transportation, extracurricular	44700
athletics, and other extracurricular activities; and per pupil	44701
expenditures. The format shall also include information on total	44702
revenue and expenditures, per pupil revenue, and expenditures for	44703
both classroom and nonclassroom purposes, as defined by the	44704
standards adopted under section 3302.20 of the Revised Code in the	44705
aggregate and for each subgroup of students, as defined by section	44706
3317.40 of the Revised Code, that receives services provided for	44707
by state or federal funding.	44708

(3) Each school district board, governing authority,	44709
governing body, or board of trustees, or its respective designee,	44710
shall annually report, to the department of education, all	44711
financial information required by the standards for financial	44712
reporting, as prescribed by division (B)(2) of this section and	44713
adopted by the state board. The department shall post these	44714
reports in a prominent location on its web site and shall notify	44715
each school when reports are made available.	44716

(C) The state board shall administer and supervise the	44717
allocation and distribution of all state and federal funds for	44718
public school education under the provisions of law, and may	44719
prescribe such systems of accounting as are necessary and proper	44720
to this function. It may require county auditors and treasurers,	44721
boards of education, educational service center governing boards,	44722
treasurers of such boards, teachers, and other school officers and	44723
employees, or other public officers or employees, to file with it	44724
such reports as it may prescribe relating to such funds, or to the	44725
management and condition of such funds.	44726

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	44727
XLVII, and LI of the Revised Code a reference is made to standards	44728
prescribed under this section or division (D) of this section,	44729
that reference shall be construed to refer to the standards	44730
prescribed under division (D)(2) of this section, unless the	44731
context specifically indicates a different meaning or intent.	44732

(2) The state board shall formulate and prescribe minimum	44733
standards to be applied to all elementary and secondary schools in	44734
this state for the purpose of ~~requiring~~providing children access	44735
to a general education of high quality according to the learning	44736
needs of each individual, including students with disabilities,	44737
economically disadvantaged students, limited English proficient	44738
students, and students identified as gifted. Such standards shall	44739
provide adequately for: the licensing of teachers, administrators,	44740
and other professional personnel and their assignment according to	44741
training and qualifications; efficient and effective instructional	44742
materials and equipment, including library facilities; the proper	44743
organization, administration, and supervision of each school,	44744
including regulations for preparing all necessary records and	44745
reports and the preparation of a statement of policies and	44746
objectives for each school; the provision of safe buildings,	44747
grounds, health and sanitary facilities and services; admission of	44748
pupils, and such requirements for their promotion from grade to	44749
grade as will assure that they are capable and prepared for the	44750
level of study to which they are certified; requirements for	44751
graduation; and such other factors as the board finds necessary.	44752

The state board shall base any standards governing the	44753
promotion of students or requirements for graduation on the	44754
ability of students, at any grade level, to earn credits or	44755
advance upon demonstration of mastery of knowledge and skills	44756
through competency-based learning models. Credits of grade level	44757
advancement shall not require a minimum number of days or hours in	44758
a classroom.	44759

The state board shall base any standards governing the	44760
assignment of staff on ensuring each school has a sufficient	44761
number of teachers to ensure a student has an appropriate level of	44762
interaction to meet each student's personal learning goals.	44763

In the formulation and administration of such standards for	44764
nonpublic schools the board shall also consider the particular	44765
needs, methods and objectives of those schools, provided they do	44766
not conflict with the provision of a general education of a high	44767
quality and provided that regular procedures shall be followed for	44768
promotion from grade to grade of pupils who have met the	44769
educational requirements prescribed.	44770

~~In the formulation and administration of such standards as~~	44771
~~they relate to instructional materials and equipment in public~~	44772
~~schools, including library materials, the board shall require that~~	44773
~~the material and equipment be aligned with and promote skills~~	44774
~~expected under the statewide academic standards adopted under~~	44775
~~section 3301.079 of the Revised Code.~~	44776

(3) In addition to the minimum standards required by division	44777
(D)(2) of this section, the state board may formulate and	44778
prescribe the following additional minimum operating standards for	44779
school districts:	44780

(a) Standards for the effective and efficient organization,	44781
administration, and supervision of each school district ~~so that it~~	44782
~~becomes a thinking and learning organization according to~~	44783
~~principles of systems design and collaborative professional~~	44784
~~learning communities research as defined by the superintendent of~~	44785
~~public instruction, including a focus on the personalized and~~	44786
~~individualized needs of each student; a shared responsibility~~	44787
~~among school boards, administrators, faculty, and staff to develop~~	44788
~~a common vision, mission, and set of guiding principles; a shared~~	44789
~~responsibility among school boards, administrators, faculty, and~~	44790
~~staff to engage in a process of collective inquiry, action~~	44791
~~orientation, and experimentation to ensure the academic success of~~	44792
~~all students; commitment to teaching and learning strategies that~~	44793
~~utilize technological tools and emphasize inter-disciplinary,~~	44794
~~real-world, project-based, and technology-oriented learning~~	44795
~~experiences to meet the individual needs of every student;~~with a	44796
commitment to high expectations for every student based on the	44797
learning needs of each individual, including students with	44798
disabilities, economically disadvantaged students, limited English	44799
proficient students, and students identified as gifted, and	44800
commitment to closing the achievement gap without suppressing the	44801
achievement levels of higher achieving students so that all	44802
students achieve core knowledge and skills in accordance with the	44803
statewide academic standards adopted under section 3301.079 of the	44804
Revised Code; ~~commitment to the use of assessments to diagnose~~	44805
~~the needs of each student; effective connections and relationships~~	44806
~~with families and others that support student success; and~~	44807
~~commitment to the use of positive behavior intervention supports~~	44808
~~throughout a district to ensure a safe and secure learning~~	44809
~~environment for all students;~~	44810

(b) Standards for the establishment of business advisory	44811
councils under section 3313.82 of the Revised Code;	44812

44813

~~(i) The~~the effective and efficient organization,	44814
administration, and supervision of each school district building	44815
~~so that it becomes a thinking and learning organization according~~	44816
~~to principles of systems design and collaborative professional~~	44817
~~learning communities research as defined by the state~~	44818
~~superintendent, including a focus on the personalized and~~	44819
~~individualized needs of each student; a shared responsibility~~	44820
~~among building administrators, faculty, and staff to develop a~~	44821
~~common vision, mission, and set of guiding principles; a shared~~	44822
~~responsibility among building administrators, faculty, and staff~~	44823
~~to engage in a process of collective inquiry, action orientation,~~	44824
~~and experimentation to ensure the academic success of all~~	44825
~~students; commitment to job embedded professional development and~~	44826
~~professional mentoring and coaching; established periods of time~~	44827
~~for teachers to pursue planning time for the development of lesson~~	44828
~~plans, professional development, and shared learning; commitment~~	44829
~~to effective management strategies that allow administrators~~	44830
~~reasonable access to classrooms for observation and professional~~	44831
~~development experiences; commitment to teaching and learning~~	44832
~~strategies that utilize technological tools and emphasize~~	44833
~~inter-disciplinary, real-world, project-based, and~~	44834
~~technology-oriented learning experiences to meet the individual~~	44835
~~needs of every student;~~with a commitment to high expectations for	44836
every student based on the learning needs of each individual,	44837
including students with disabilities, economically disadvantaged	44838
students, limited English proficient students, and students	44839
identified as gifted, and commitment to closing the achievement	44840
gap without suppressing the achievement levels of higher achieving	44841
students so that all students achieve core knowledge and skills in	44842
accordance with the statewide academic standards adopted under	44843
section 3301.079 of the Revised Code~~; commitment to the use of~~	44844
~~assessments to diagnose the needs of each student; effective~~	44845
~~connections and relationships with families and others that~~	44846
~~support student success; commitment to the use of positive~~	44847
~~behavior intervention supports throughout the building to ensure a~~	44848
~~safe and secure learning environment for all students;~~	44849

~~(ii) A school building leadership team to coordinate positive~~	44850
~~behavior intervention supports, learning environments, thinking~~	44851
~~and learning systems, collaborative planning, planning time,~~	44852
~~student academic interventions, student extended learning~~	44853
~~opportunities, and other activities identified by the team and~~	44854
~~approved by the district board of education. The team shall~~	44855
~~include the building principal, representatives from each~~	44856
~~collective bargaining unit, a classroom teacher, parents, business~~	44857
~~representatives, and others that support student success~~.	44858

(E) The state board may require as part of the health	44859
curriculum information developed under section 2108.34 of the	44860
Revised Code promoting the donation of anatomical gifts pursuant	44861
to Chapter 2108. of the Revised Code and may provide the	44862
information to high schools, educational service centers, and	44863
joint vocational school district boards of education;	44864

(F) The state board shall prepare and submit annually to the	44865
governor and the general assembly a report on the status, needs,	44866
and major problems of the public schools of the state, with	44867
recommendations for necessary legislative action and a ten-year	44868
projection of the state's public and nonpublic school enrollment,	44869
by year and by grade level.	44870

(G) The state board shall prepare and submit to the director	44871
of budget and management the biennial budgetary requests of the	44872
state board of education, for its agencies and for the public	44873
schools of the state.	44874

(H) The state board shall cooperate with federal, state, and	44875
local agencies concerned with the health and welfare of children	44876
and youth of the state.	44877

(I) The state board shall require such reports from school	44878
districts and educational service centers, school officers, and	44879
employees as are necessary and desirable. The superintendents and	44880
treasurers of school districts and educational service centers	44881
shall certify as to the accuracy of all reports required by law or	44882
state board or state department of education rules to be submitted	44883
by the district or educational service center and which contain	44884
information necessary for calculation of state funding. Any	44885
superintendent who knowingly falsifies such report shall be	44886
subject to license revocation pursuant to section 3319.31 of the	44887
Revised Code.	44888

(J) In accordance with Chapter 119. of the Revised Code, the	44889
state board shall adopt procedures, standards, and guidelines for	44890
the education of children with disabilities pursuant to Chapter	44891
3323. of the Revised Code, including procedures, standards, and	44892
guidelines governing programs and services operated by county	44893
boards of developmental disabilities pursuant to section 3323.09	44894
of the Revised Code.	44895

(K) For the purpose of encouraging the development of special	44896
programs of education for academically gifted children, the state	44897
board shall employ competent persons to analyze and publish data,	44898
promote research, advise and counsel with boards of education, and	44899
encourage the training of teachers in the special instruction of	44900
gifted children. The board may provide financial assistance out of	44901
any funds appropriated for this purpose to boards of education and	44902
educational service center governing boards for developing and	44903
conducting programs of education for academically gifted children.	44904

(L) The state board shall require that all public schools	44905
emphasize and encourage, within existing units of study, the	44906
teaching of energy and resource conservation as recommended to	44907
each district board of education by leading business persons	44908
involved in energy production and conservation, beginning in the	44909
primary grades.	44910

(M) The state board shall formulate and prescribe minimum	44911
standards requiring the use of phonics as a technique in the	44912
teaching of reading in grades kindergarten through three. In	44913
addition, the state board shall provide in-service training	44914
programs for teachers on the use of phonics as a technique in the	44915
teaching of reading in grades kindergarten through three.	44916

(N) The state board may adopt rules necessary for carrying	44917
out any function imposed on it by law, and may provide rules as	44918
are necessary for its government and the government of its	44919
employees, and may delegate to the superintendent of public	44920
instruction the management and administration of any function	44921
imposed on it by law. It may provide for the appointment of board	44922
members to serve on temporary committees established by the board	44923
for such purposes as are necessary. Permanent or standing	44924
committees shall not be created.	44925

(O) Upon application from the board of education of a school	44926
district, the superintendent of public instruction may issue a	44927
waiver exempting the district from compliance with the standards	44928
adopted under divisions (B)(2) and (D) of this section, as they	44929
relate to the operation of a school operated by the district. The	44930
state board shall adopt standards for the approval or disapproval	44931
of waivers under this division. The state superintendent shall	44932
consider every application for a waiver, and shall determine	44933
whether to grant or deny a waiver in accordance with the state	44934
board's standards. For each waiver granted, the state	44935
superintendent shall specify the period of time during which the	44936
waiver is in effect, which shall not exceed five years. A district	44937
board may apply to renew a waiver.	44938

Sec. 3301.0712. (A) The state board of education, the	44939
superintendent of public instruction, and the chancellor of the	44940
Ohio board of regents shall develop a system of college and work	44941
ready assessments as described in divisions (B)(1) and (2) of this	44942
section to assess whether each student upon graduating from high	44943
school is ready to enter college or the workforce. The system	44944
shall replace the Ohio graduation tests prescribed in division	44945
(B)(1) of section 3301.0710 of the Revised Code as a measure of	44946
student academic performance and a prerequisite for eligibility	44947
for a high school diploma in the manner prescribed by rule of the	44948
state board adopted under division (D) of this section.	44949

(B) The college and work ready assessment system shall	44950
consist of the following:	44951

(1) A nationally standardized assessment that measures	44952
college and career readiness selected jointly by the state	44953
superintendent and the chancellor.	44954

(2) A series of end-of-course examinations in the areas of	44955
science, mathematics, English language arts, American history, and	44956
American government selected jointly by the state superintendent	44957
and the chancellor in consultation with faculty in the appropriate	44958
subject areas at institutions of higher education of the	44959
university system of Ohio. For each subject area, the state	44960
superintendent and chancellor shall select multiple assessments	44961
that school districts, public schools, and chartered nonpublic	44962
schools may use as end-of-course examinations. Subject to division	44963
(B)(3)(b) of this section, those assessments shall include	44964
nationally recognized subject area assessments, such as advanced	44965
placement examinations, SAT subject tests, international	44966
baccalaureate examinations, and other assessments of college and	44967
work readiness.	44968

(3)(a) Not later than July 1, 2013, each school district	44969
board of education shall adopt interim end-of-course examinations	44970
that comply with the requirements of divisions (B)(3)(b)(i) and	44971
(ii) of this section to assess mastery of American history and	44972
American government standards adopted under division (A)(1)(b) of	44973
section 3301.079 of the Revised Code and the topics required under	44974
division (M) of section 3313.603 of the Revised Code. Each high	44975
school of the district shall use the interim examinations until	44976
the state superintendent and chancellor select end-of-course	44977
examinations in American history and American government under	44978
division (B)(2) of this section.	44979

(b) Not later than July 1, 2014, the state superintendent and	44980
the chancellor shall select the end-of-course examinations in	44981
American history and American government.	44982

(i) The end-of-course examinations in American history and	44983
American government shall require demonstration of mastery of the	44984
American history and American government content for social	44985
studies standards adopted under division (A)(1)(b) of section	44986
3301.079 of the Revised Code and the topics required under	44987
division (M) of section 3313.603 of the Revised Code.	44988

(ii) At least twenty per cent of the end-of-course	44989
examination in American government shall address the topics on	44990
American history and American government described in division (M)	44991
of section 3313.603 of the Revised Code.	44992

(C) The state board shall convene a group of national	44993
experts, state experts, and local practitioners to provide advice,	44994
guidance, and recommendations for the alignment of standards and	44995
model curricula to the assessments and in the design of the	44996
end-of-course examinations prescribed by this section.	44997

(D) Upon completion of the development of the assessment	44998
system, the state board shall adopt rules prescribing all of the	44999
following:	45000

(1) A timeline and plan for implementation of the assessment	45001
system, including a phased implementation if the state board	45002
determines such a phase-in is warranted;	45003

(2) The date after which a person entering ninth grade shall	45004
meet the requirements of the entire assessment system as a	45005
prerequisite for a high school diploma under section 3313.61,	45006
3313.612, or 3325.08 of the Revised Code;	45007

(3) The date after which a person shall meet the requirements	45008
of the entire assessment system as a prerequisite for a diploma of	45009
adult education under section 3313.611 of the Revised Code;	45010

(4) Whether and the extent to which a person may be excused	45011
from an American history end-of-course examination and an American	45012
government end-of-course examination under division (H) of section	45013
3313.61 and division (B)~~(2)~~(3) of section 3313.612 of the Revised	45014
Code;	45015

(5) The date after which a person who has fulfilled the	45016
curriculum requirement for a diploma but has not passed one or	45017
more of the required assessments at the time the person fulfilled	45018
the curriculum requirement shall meet the requirements of the	45019
entire assessment system as a prerequisite for a high school	45020
diploma under division (B) of section 3313.614 of the Revised	45021
Code;	45022

(6) The extent to which the assessment system applies to	45023
students enrolled in a dropout recovery and prevention program for	45024
purposes of division (F) of section 3313.603 and section 3314.36	45025
of the Revised Code.	45026

No rule adopted under this division shall be effective	45027
earlier than one year after the date the rule is filed in final	45028
form pursuant to Chapter 119. of the Revised Code.	45029

(E) Not later than forty-five days prior to the state board's	45030
adoption of a resolution directing the department of education to	45031
file the rules prescribed by division (D) of this section in final	45032
form under section 119.04 of the Revised Code, the superintendent	45033
of public instruction shall present the assessment system	45034
developed under this section to the respective committees of the	45035
house of representatives and senate that consider education	45036
legislation.	45037

Sec. 3301.0714. (A) The state board of education shall adopt	45038
rules for a statewide education management information system. The	45039
rules shall require the state board to establish guidelines for	45040
the establishment and maintenance of the system in accordance with	45041
this section and the rules adopted under this section. The	45042
guidelines shall include:	45043

(1) Standards identifying and defining the types of data in	45044
the system in accordance with divisions (B) and (C) of this	45045
section;	45046

(2) Procedures for annually collecting and reporting the data	45047
to the state board in accordance with division (D) of this	45048
section;	45049

(3) Procedures for annually compiling the data in accordance	45050
with division (G) of this section;	45051

(4) Procedures for annually reporting the data to the public	45052
in accordance with division (H) of this section.	45053

(B) The guidelines adopted under this section shall require	45054
the data maintained in the education management information system	45055
to include at least the following:	45056

(1) Student participation and performance data, for each	45057
grade in each school district as a whole and for each grade in	45058
each school building in each school district, that includes:	45059

(a) The numbers of students receiving each category of	45060
instructional service offered by the school district, such as	45061
regular education instruction, vocational education instruction,	45062
specialized instruction programs or enrichment instruction that is	45063
part of the educational curriculum, instruction for gifted	45064
students, instruction for students with disabilities, and remedial	45065
instruction. The guidelines shall require instructional services	45066
under this division to be divided into discrete categories if an	45067
instructional service is limited to a specific subject, a specific	45068
type of student, or both, such as regular instructional services	45069
in mathematics, remedial reading instructional services,	45070
instructional services specifically for students gifted in	45071
mathematics or some other subject area, or instructional services	45072
for students with a specific type of disability. The categories of	45073
instructional services required by the guidelines under this	45074
division shall be the same as the categories of instructional	45075
services used in determining cost units pursuant to division	45076
(C)(3) of this section.	45077

(b) The numbers of students receiving support or	45078
extracurricular services for each of the support services or	45079
extracurricular programs offered by the school district, such as	45080
counseling services, health services, and extracurricular sports	45081
and fine arts programs. The categories of services required by the	45082
guidelines under this division shall be the same as the categories	45083
of services used in determining cost units pursuant to division	45084
(C)(4)(a) of this section.	45085

(c) Average student grades in each subject in grades nine	45086
through twelve;	45087

(d) Academic achievement levels as assessed under sections	45088
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	45089

(e) The number of students designated as having a disabling	45090
condition pursuant to division (C)(1) of section 3301.0711 of the	45091
Revised Code;	45092

(f) The numbers of students reported to the state board	45093
pursuant to division (C)(2) of section 3301.0711 of the Revised	45094
Code;	45095

(g) Attendance rates and the average daily attendance for the	45096
year. For purposes of this division, a student shall be counted as	45097
present for any field trip that is approved by the school	45098
administration.	45099

(h) Expulsion rates;

45100

(i) Suspension rates;

45101

(j) Dropout rates;

45102

(k) Rates of retention in grade;

45103

(l) For pupils in grades nine through twelve, the average	45104
number of carnegie units, as calculated in accordance with state	45105
board of education rules;	45106

(m) Graduation rates, to be calculated in a manner specified	45107
by the department of education that reflects the rate at which	45108
students who were in the ninth grade three years prior to the	45109
current year complete school and that is consistent with	45110
nationally accepted reporting requirements;	45111

(n) Results of diagnostic assessments administered to	45112
kindergarten students as required under section 3301.0715 of the	45113
Revised Code to permit a comparison of the academic readiness of	45114
kindergarten students. However, no district shall be required to	45115
report to the department the results of any diagnostic assessment	45116
administered to a kindergarten student if the parent of that	45117
student requests the district not to report those results.	45118

(2) Personnel and classroom enrollment data for each school	45119
district, including:	45120

(a) The total numbers of licensed employees and nonlicensed	45121
employees and the numbers of full-time equivalent licensed	45122
employees and nonlicensed employees providing each category of	45123
instructional service, instructional support service, and	45124
administrative support service used pursuant to division (C)(3) of	45125
this section. The guidelines adopted under this section shall	45126
require these categories of data to be maintained for the school	45127
district as a whole and, wherever applicable, for each grade in	45128
the school district as a whole, for each school building as a	45129
whole, and for each grade in each school building.	45130

(b) The total number of employees and the number of full-time	45131
equivalent employees providing each category of service used	45132
pursuant to divisions (C)(4)(a) and (b) of this section, and the	45133
total numbers of licensed employees and nonlicensed employees and	45134
the numbers of full-time equivalent licensed employees and	45135
nonlicensed employees providing each category used pursuant to	45136
division (C)(4)(c) of this section. The guidelines adopted under	45137
this section shall require these categories of data to be	45138
maintained for the school district as a whole and, wherever	45139
applicable, for each grade in the school district as a whole, for	45140
each school building as a whole, and for each grade in each school	45141
building.	45142

(c) The total number of regular classroom teachers teaching	45143
classes of regular education and the average number of pupils	45144
enrolled in each such class, in each of grades kindergarten	45145
through five in the district as a whole and in each school	45146
building in the school district.	45147

(d) The number of lead teachers employed by each school	45148
district and each school building.	45149

(3)(a) Student demographic data for each school district,	45150
including information regarding the gender ratio of the school	45151
district's pupils, the racial make-up of the school district's	45152
pupils, the number of limited English proficient students in the	45153
district, and an appropriate measure of the number of the school	45154
district's pupils who reside in economically disadvantaged	45155
households. The demographic data shall be collected in a manner to	45156
allow correlation with data collected under division (B)(1) of	45157
this section. Categories for data collected pursuant to division	45158
(B)(3) of this section shall conform, where appropriate, to	45159
standard practices of agencies of the federal government.	45160

(b) With respect to each student entering kindergarten,	45161
whether the student previously participated in a public preschool	45162
program, a private preschool program, or a head start program, and	45163
the number of years the student participated in each of these	45164
programs.	45165

(4) Any data required to be collected pursuant to federal	45166
law.	45167

(C) The education management information system shall include	45168
cost accounting data for each district as a whole and for each	45169
school building in each school district. The guidelines adopted	45170
under this section shall require the cost data for each school	45171
district to be maintained in a system of mutually exclusive cost	45172
units and shall require all of the costs of each school district	45173
to be divided among the cost units. The guidelines shall require	45174
the system of mutually exclusive cost units to include at least	45175
the following:	45176

(1) Administrative costs for the school district as a whole.	45177
The guidelines shall require the cost units under this division	45178
(C)(1) to be designed so that each of them may be compiled and	45179
reported in terms of average expenditure per pupil in formula ADM	45180
in the school district, as determined pursuant to section 3317.03	45181
of the Revised Code.	45182

(2) Administrative costs for each school building in the	45183
school district. The guidelines shall require the cost units under	45184
this division (C)(2) to be designed so that each of them may be	45185
compiled and reported in terms of average expenditure per	45186
full-time equivalent pupil receiving instructional or support	45187
services in each building.	45188

(3) Instructional services costs for each category of	45189
instructional service provided directly to students and required	45190
by guidelines adopted pursuant to division (B)(1)(a) of this	45191
section. The guidelines shall require the cost units under	45192
division (C)(3) of this section to be designed so that each of	45193
them may be compiled and reported in terms of average expenditure	45194
per pupil receiving the service in the school district as a whole	45195
and average expenditure per pupil receiving the service in each	45196
building in the school district and in terms of a total cost for	45197
each category of service and, as a breakdown of the total cost, a	45198
cost for each of the following components:	45199

(a) The cost of each instructional services category required	45200
by guidelines adopted under division (B)(1)(a) of this section	45201
that is provided directly to students by a classroom teacher;	45202

(b) The cost of the instructional support services, such as	45203
services provided by a speech-language pathologist, classroom	45204
aide, multimedia aide, or librarian, provided directly to students	45205
in conjunction with each instructional services category;	45206

(c) The cost of the administrative support services related	45207
to each instructional services category, such as the cost of	45208
personnel that develop the curriculum for the instructional	45209
services category and the cost of personnel supervising or	45210
coordinating the delivery of the instructional services category.	45211

(4) Support or extracurricular services costs for each	45212
category of service directly provided to students and required by	45213
guidelines adopted pursuant to division (B)(1)(b) of this section.	45214
The guidelines shall require the cost units under division (C)(4)	45215
of this section to be designed so that each of them may be	45216
compiled and reported in terms of average expenditure per pupil	45217
receiving the service in the school district as a whole and	45218
average expenditure per pupil receiving the service in each	45219
building in the school district and in terms of a total cost for	45220
each category of service and, as a breakdown of the total cost, a	45221
cost for each of the following components:	45222

(a) The cost of each support or extracurricular services	45223
category required by guidelines adopted under division (B)(1)(b)	45224
of this section that is provided directly to students by a	45225
licensed employee, such as services provided by a guidance	45226
counselor or any services provided by a licensed employee under a	45227
supplemental contract;	45228

(b) The cost of each such services category provided directly	45229
to students by a nonlicensed employee, such as janitorial	45230
services, cafeteria services, or services of a sports trainer;	45231

(c) The cost of the administrative services related to each	45232
services category in division (C)(4)(a) or (b) of this section,	45233
such as the cost of any licensed or nonlicensed employees that	45234
develop, supervise, coordinate, or otherwise are involved in	45235
administering or aiding the delivery of each services category.	45236

(D)(1) The guidelines adopted under this section shall	45237
require school districts to collect information about individual	45238
students, staff members, or both in connection with any data	45239
required by division (B) or (C) of this section or other reporting	45240
requirements established in the Revised Code. The guidelines may	45241
also require school districts to report information about	45242
individual staff members in connection with any data required by	45243
division (B) or (C) of this section or other reporting	45244
requirements established in the Revised Code. The guidelines shall	45245
not authorize school districts to request social security numbers	45246
of individual students. The guidelines shall prohibit the	45247
reporting under this section of a student's name, address, and	45248
social security number to the state board of education or the	45249
department of education. The guidelines shall also prohibit the	45250
reporting under this section of any personally identifiable	45251
information about any student, except for the purpose of assigning	45252
the data verification code required by division (D)(2) of this	45253
section, to any other person unless such person is employed by the	45254
school district or the information technology center operated	45255
under section 3301.075 of the Revised Code and is authorized by	45256
the district or technology center to have access to such	45257
information or is employed by an entity with which the department	45258
contracts for the scoring or the development of state assessments.	45259
The guidelines may require school districts to provide the social	45260
security numbers of individual staff members and the county of	45261
residence for a student. Nothing in this section prohibits the	45262
state board of education or department of education from providing	45263
a student's county of residence to the department of taxation to	45264
facilitate the distribution of tax revenue.	45265

(2)(a) The guidelines shall provide for each school district	45266
or community school to assign a data verification code that is	45267
unique on a statewide basis over time to each student whose	45268
initial Ohio enrollment is in that district or school and to	45269
report all required individual student data for that student	45270
utilizing such code. The guidelines shall also provide for	45271
assigning data verification codes to all students enrolled in	45272
districts or community schools on the effective date of the	45273
guidelines established under this section. The assignment of data	45274
verification codes for other entities, as described in division	45275
(D)(2)(c) of this section, the use of those codes, and the	45276
reporting and use of associated individual student data shall be	45277
coordinated by the department in accordance with state and federal	45278
law.	45279

School districts shall report individual student data to the	45280
department through the information technology centers utilizing	45281
the code. The entities described in division (D)(2)(c) of this	45282
section shall report individual student data to the department in	45283
the manner prescribed by the department.	45284

Except as provided in sections 3301.941, 3310.11, 3310.42,	45285
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	45286
shall the state board or the department have access to information	45287
that would enable any data verification code to be matched to	45288
personally identifiable student data.	45289

(b) Each school district and community school shall ensure	45290
that the data verification code is included in the student's	45291
records reported to any subsequent school district, community	45292
school, or state institution of higher education, as defined in	45293
section 3345.011 of the Revised Code, in which the student	45294
enrolls. Any such subsequent district or school shall utilize the	45295
same identifier in its reporting of data under this section.	45296

(c) The director of any state agency that administers a	45297
publicly funded program providing services to children who are	45298
younger than compulsory school age, as defined in section 3321.01	45299
of the Revised Code, including the directors of health, job and	45300
family services, ~~mental health~~mental health and addiction	45301
services, and developmental disabilities, shall request and	45302
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	45303
Code, a data verification code for a child who is receiving those	45304
services.	45305

(E) The guidelines adopted under this section may require	45306
school districts to collect and report data, information, or	45307
reports other than that described in divisions (A), (B), and (C)	45308
of this section for the purpose of complying with other reporting	45309
requirements established in the Revised Code. The other data,	45310
information, or reports may be maintained in the education	45311
management information system but are not required to be compiled	45312
as part of the profile formats required under division (G) of this	45313
section or the annual statewide report required under division (H)	45314
of this section.	45315

(F) Beginning with the school year that begins July 1, 1991,	45316
the board of education of each school district shall annually	45317
collect and report to the state board, in accordance with the	45318
guidelines established by the board, the data required pursuant to	45319
this section. A school district may collect and report these data	45320
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	45321

(G) The state board shall, in accordance with the procedures	45322
it adopts, annually compile the data reported by each school	45323
district pursuant to division (D) of this section. The state board	45324
shall design formats for profiling each school district as a whole	45325
and each school building within each district and shall compile	45326
the data in accordance with these formats. These profile formats	45327
shall:	45328

(1) Include all of the data gathered under this section in a	45329
manner that facilitates comparison among school districts and	45330
among school buildings within each school district;	45331

(2) Present the data on academic achievement levels as	45332
assessed by the testing of student achievement maintained pursuant	45333
to division (B)(1)(d) of this section.	45334

(H)(1) The state board shall, in accordance with the	45335
procedures it adopts, annually prepare a statewide report for all	45336
school districts and the general public that includes the profile	45337
of each of the school districts developed pursuant to division (G)	45338
of this section. Copies of the report shall be sent to each school	45339
district.	45340

(2) The state board shall, in accordance with the procedures	45341
it adopts, annually prepare an individual report for each school	45342
district and the general public that includes the profiles of each	45343
of the school buildings in that school district developed pursuant	45344
to division (G) of this section. Copies of the report shall be	45345
sent to the superintendent of the district and to each member of	45346
the district board of education.	45347

(3) Copies of the reports received from the state board under	45348
divisions (H)(1) and (2) of this section shall be made available	45349
to the general public at each school district's offices. Each	45350
district board of education shall make copies of each report	45351
available to any person upon request and payment of a reasonable	45352
fee for the cost of reproducing the report. The board shall	45353
annually publish in a newspaper of general circulation in the	45354
school district, at least twice during the two weeks prior to the	45355
week in which the reports will first be available, a notice	45356
containing the address where the reports are available and the	45357
date on which the reports will be available.	45358

(I) Any data that is collected or maintained pursuant to this	45359
section and that identifies an individual pupil is not a public	45360
record for the purposes of section 149.43 of the Revised Code.	45361

(J) As used in this section:

45362

(1) "School district" means any city, local, exempted	45363
village, or joint vocational school district and, in accordance	45364
with section 3314.17 of the Revised Code, any community school. As	45365
used in division (L) of this section, "school district" also	45366
includes any educational service center or other educational	45367
entity required to submit data using the system established under	45368
this section.	45369

(2) "Cost" means any expenditure for operating expenses made	45370
by a school district excluding any expenditures for debt	45371
retirement except for payments made to any commercial lending	45372
institution for any loan approved pursuant to section 3313.483 of	45373
the Revised Code.	45374

(K) Any person who removes data from the information system	45375
established under this section for the purpose of releasing it to	45376
any person not entitled under law to have access to such	45377
information is subject to section 2913.42 of the Revised Code	45378
prohibiting tampering with data.	45379

(L)(1) In accordance with division (L)(2) of this section and	45380
the rules adopted under division (L)(10) of this section, the	45381
department of education may sanction any school district that	45382
reports incomplete or inaccurate data, reports data that does not	45383
conform to data requirements and descriptions published by the	45384
department, fails to report data in a timely manner, or otherwise	45385
does not make a good faith effort to report data as required by	45386
this section.	45387

(2) If the department decides to sanction a school district	45388
under this division, the department shall take the following	45389
sequential actions:	45390

(a) Notify the district in writing that the department has	45391
determined that data has not been reported as required under this	45392
section and require the district to review its data submission and	45393
submit corrected data by a deadline established by the department.	45394
The department also may require the district to develop a	45395
corrective action plan, which shall include provisions for the	45396
district to provide mandatory staff training on data reporting	45397
procedures.	45398

(b) Withhold up to ten per cent of the total amount of state	45399
funds due to the district for the current fiscal year and, if not	45400
previously required under division (L)(2)(a) of this section,	45401
require the district to develop a corrective action plan in	45402
accordance with that division;	45403

(c) Withhold an additional amount of up to twenty per cent of	45404
the total amount of state funds due to the district for the	45405
current fiscal year;	45406

(d) Direct department staff or an outside entity to	45407
investigate the district's data reporting practices and make	45408
recommendations for subsequent actions. The recommendations may	45409
include one or more of the following actions:	45410

(i) Arrange for an audit of the district's data reporting	45411
practices by department staff or an outside entity;	45412

(ii) Conduct a site visit and evaluation of the district;

45413

(iii) Withhold an additional amount of up to thirty per cent	45414
of the total amount of state funds due to the district for the	45415
current fiscal year;	45416

(iv) Continue monitoring the district's data reporting;

45417

(v) Assign department staff to supervise the district's data	45418
management system;	45419

(vi) Conduct an investigation to determine whether to suspend	45420
or revoke the license of any district employee in accordance with	45421
division (N) of this section;	45422

(vii) If the district is issued a report card under section	45423
3302.03 of the Revised Code, indicate on the report card that the	45424
district has been sanctioned for failing to report data as	45425
required by this section;	45426

(viii) If the district is issued a report card under section	45427
3302.03 of the Revised Code and incomplete or inaccurate data	45428
submitted by the district likely caused the district to receive a	45429
higher performance rating than it deserved under that section,	45430
issue a revised report card for the district;	45431

(ix) Any other action designed to correct the district's data	45432
reporting problems.	45433

(3) Any time the department takes an action against a school	45434
district under division (L)(2) of this section, the department	45435
shall make a report of the circumstances that prompted the action.	45436
The department shall send a copy of the report to the district	45437
superintendent or chief administrator and maintain a copy of the	45438
report in its files.	45439

(4) If any action taken under division (L)(2) of this section	45440
resolves a school district's data reporting problems to the	45441
department's satisfaction, the department shall not take any	45442
further actions described by that division. If the department	45443
withheld funds from the district under that division, the	45444
department may release those funds to the district, except that if	45445
the department withheld funding under division (L)(2)(c) of this	45446
section, the department shall not release the funds withheld under	45447
division (L)(2)(b) of this section and, if the department withheld	45448
funding under division (L)(2)(d) of this section, the department	45449
shall not release the funds withheld under division (L)(2)(b) or	45450
(c) of this section.	45451

(5) Notwithstanding anything in this section to the contrary,	45452
the department may use its own staff or an outside entity to	45453
conduct an audit of a school district's data reporting practices	45454
any time the department has reason to believe the district has not	45455
made a good faith effort to report data as required by this	45456
section. If any audit conducted by an outside entity under	45457
division (L)(2)(d)(i) or (5) of this section confirms that a	45458
district has not made a good faith effort to report data as	45459
required by this section, the district shall reimburse the	45460
department for the full cost of the audit. The department may	45461
withhold state funds due to the district for this purpose.	45462

(6) Prior to issuing a revised report card for a school	45463
district under division (L)(2)(d)(viii) of this section, the	45464
department may hold a hearing to provide the district with an	45465
opportunity to demonstrate that it made a good faith effort to	45466
report data as required by this section. The hearing shall be	45467
conducted by a referee appointed by the department. Based on the	45468
information provided in the hearing, the referee shall recommend	45469
whether the department should issue a revised report card for the	45470
district. If the referee affirms the department's contention that	45471
the district did not make a good faith effort to report data as	45472
required by this section, the district shall bear the full cost of	45473
conducting the hearing and of issuing any revised report card.	45474

(7) If the department determines that any inaccurate data	45475
reported under this section caused a school district to receive	45476
excess state funds in any fiscal year, the district shall	45477
reimburse the department an amount equal to the excess funds, in	45478
accordance with a payment schedule determined by the department.	45479
The department may withhold state funds due to the district for	45480
this purpose.	45481

(8) Any school district that has funds withheld under	45482
division (L)(2) of this section may appeal the withholding in	45483
accordance with Chapter 119. of the Revised Code.	45484

(9) In all cases of a disagreement between the department and	45485
a school district regarding the appropriateness of an action taken	45486
under division (L)(2) of this section, the burden of proof shall	45487
be on the district to demonstrate that it made a good faith effort	45488
to report data as required by this section.	45489

(10) The state board of education shall adopt rules under	45490
Chapter 119. of the Revised Code to implement division (L) of this	45491
section.	45492

(M) No information technology center or school district shall	45493
acquire, change, or update its student administration software	45494
package to manage and report data required to be reported to the	45495
department unless it converts to a student software package that	45496
is certified by the department.	45497

(N) The state board of education, in accordance with sections	45498
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	45499
license as defined under division (A) of section 3319.31 of the	45500
Revised Code that has been issued to any school district employee	45501
found to have willfully reported erroneous, inaccurate, or	45502
incomplete data to the education management information system.	45503

(O) No person shall release or maintain any information about	45504
any student in violation of this section. Whoever violates this	45505
division is guilty of a misdemeanor of the fourth degree.	45506

(P) The department shall disaggregate the data collected	45507
under division (B)(1)(n) of this section according to the race and	45508
socioeconomic status of the students assessed. No data collected	45509
under that division shall be included on the report cards required	45510
by section 3302.03 of the Revised Code.	45511

(Q) If the department cannot compile any of the information	45512
required by division (H) of section 3302.03 of the Revised Code	45513
based upon the data collected under this section, the department	45514
shall develop a plan and a reasonable timeline for the collection	45515
of any data necessary to comply with that division.	45516

Sec. 3301.0715. (A) Except as otherwise required under	45517
division (B)(1) of section 3313.608 of the Revised Code, the board	45518
of education of each city, local, and exempted village school	45519
district shall administer each applicable diagnostic assessment	45520
developed and provided to the district in accordance with section	45521
3301.079 of the Revised Code to the following:	45522

(1) Any student who transfers into the district or to a	45523
different school within the district if each applicable diagnostic	45524
assessment was not administered by the district or school the	45525
student previously attended in the current school year, within	45526
thirty days after the date of transfer. If the district or school	45527
into which the student transfers cannot determine whether the	45528
student has taken any applicable diagnostic assessment in the	45529
current school year, the district or school may administer the	45530
diagnostic assessment to the student.	45531

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	45532
student, not earlier than four weeks prior to the first day of	45533
school and not later than the first day of October. ~~For~~	45534

(b) Beginning July 1, 2014, each kindergarten student, not	45535
earlier than the first day of the school year and not later than	45536
the first day of November, except that the language and reading	45537
skills portion of the assessment shall be administered by the	45538
thirtieth day of September to fulfill the requirements of division	45539
(B) of section 3313.608 of the Revised Code.	45540

For the purpose of division (A)(2) of this section, the	45541
district shall administer the kindergarten readiness assessment	45542
provided by the department of education. In no case shall the	45543
results of the readiness assessment be used to prohibit a student	45544
from enrolling in kindergarten.	45545

(3) Each student enrolled in first, second, or third grade.

45546

(B) Each district board shall administer each diagnostic	45547
assessment when the board deems appropriate, provided the	45548
administration complies with section 3313.608 of the Revised Code.	45549
However, the board shall administer any diagnostic assessment at	45550
least once annually to all students in the appropriate grade	45551
level. A district board may administer any diagnostic assessment	45552
in the fall and spring of a school year to measure the amount of	45553
academic growth attributable to the instruction received by	45554
students during that school year.	45555

(C) Any district that received an excellent or effective	45556
rating for the immediately preceding school year, pursuant to	45557
section 3302.03 of the Revised Code as it existed prior to ~~the~~	45558
~~effective date of this amendment~~March 22, 2013, or the equivalent	45559
of such rating as determined by the department of education, may	45560
use different diagnostic assessments from those adopted under	45561
division (D) of section 3301.079 of the Revised Code in order to	45562
satisfy the requirements of division (A)(2) of this section.	45563

(D) Each district board shall utilize and score any	45564
diagnostic assessment administered under division (A) of this	45565
section in accordance with rules established by the department.	45566
After the administration of any diagnostic assessment, each	45567
district shall provide a student's completed diagnostic	45568
assessment, the results of such assessment, and any other	45569
accompanying documents used during the administration of the	45570
assessment to the parent of that student, and shall include all	45571
such documents and information in any plan developed for the	45572
student under division (C) of section 3313.608 of the Revised	45573
Code. Each district shall submit to the department, in the manner	45574
the department prescribes, the results of the diagnostic	45575
assessments administered under this section, regardless of the	45576
type of assessment used under section 3313.608 of the Revised	45577
Code. The department may issue reports with respect to the data	45578
collected.	45579

(E) Each district board shall provide intervention services	45580
to students whose diagnostic assessments show that they are	45581
failing to make satisfactory progress toward attaining the	45582
academic standards for their grade level.	45583

Sec. 3301.0723. (A) The independent contractor engaged by	45584
the department of education to create and maintain for school	45585
districts and community schools the student data verification	45586
codes required by division (D)(2) of section 3301.0714 of the	45587
Revised Code, upon request of the director of any state agency	45588
that administers a publicly funded program providing services to	45589
children who are younger than compulsory school age, as defined in	45590
section 3321.01 of the Revised Code, including the directors of	45591
health, job and family services, ~~mental health~~mental health and	45592
addiction services, and developmental disabilities, shall assign a	45593
data verification code to a child who is receiving such services	45594
and shall provide that code to the director. The contractor also	45595
shall provide that code to the department of education.	45596

(B) The director of a state agency that receives a child's	45597
data verification code under division (A) of this section shall	45598
use that code to submit information for that child to the	45599
department of education in accordance with section 3301.0714 of	45600
the Revised Code.	45601

(C) A public school that receives from the independent	45602
contractor the data verification code for a child assigned under	45603
division (A) of this section shall not request or assign to that	45604
child another data verification code under division (D)(2) of	45605
section 3301.0714 of the Revised Code. That school and any other	45606
public school in which the child subsequently enrolls shall use	45607
the data verification code assigned under division (A) of this	45608
section to report data relative to that student required under	45609
section 3301.0714 of the Revised Code.	45610

Sec. 3301.0725. A school district may employ certificated	45611
instructional personnel for ~~more days during a school year than~~	45612
~~the district normally employs its regular classroom teachers~~hours	45613
outside of the normal school day for the purpose of providing	45614
extended programming, subject to the provisions of section	45615
3319.0812 of the Revised Code. Extended programming, as defined by	45616
rule of the state board of education, shall be based upon learner	45617
needs and, if applicable, business and industry validated	45618
standards and competencies and shall enhance student learning	45619
opportunities. Extended programming shall be subject to the	45620
requirements of sections 3313.6018 and 3313.6019 of the Revised	45621
Code.	45622

No rule of the state board shall require extended programming	45623
employment of certificated instructional personnel as a condition	45624
of eligibility for funding under any other section of the Revised	45625
Code.	45626

Sec. 3301.15. The state board of education or its authorized	45627
representatives may inspect all institutions under the control of	45628
the department of job and family services, the department of	45629
~~mental health~~mental health and addiction services, the department	45630
of developmental disabilities, and the department of	45631
rehabilitation and correction which employ teachers, and may make	45632
a report on the teaching, discipline, and school equipment in	45633
these institutions to the director of job and family services, the	45634
director of ~~mental health~~mental health and addiction services,	45635
the director of developmental disabilities, the director of	45636
rehabilitation and correction, and the governor.	45637

Sec. 3302.01. As used in this chapter:

45638

(A) "Performance index score" means the average of the totals	45639
derived from calculations for each subject area of English	45640
language arts, mathematics, science, and social studies of the	45641
weighted proportion of untested students and students scoring at	45642
each level of skill described in division (A)(2) of section	45643
3301.0710 of the Revised Code on the assessments prescribed by	45644
divisions (A) and (B)(1) of that section. The department of	45645
education shall assign weights such that students who do not take	45646
an assessment receive a weight of zero and students who take an	45647
assessment receive progressively larger weights dependent upon the	45648
level of skill attained on the assessment. The department shall	45649
assign additional weights to students who have been permitted to	45650
pass over a subject in accordance with a student acceleration	45651
policy adopted under section 3324.10 of the Revised Code. If such	45652
a student attains the proficient score prescribed under division	45653
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	45654
assessment, the department shall assign the student the weight	45655
prescribed for the next higher scoring level. If such a student	45656
attains the advanced score, prescribed under division (A)(2)(a) of	45657
section 3301.0710 of the Revised Code, on an assessment, the	45658
department shall assign to the student an additional proportional	45659
weight, as approved by the state board. For each school year that	45660
such a student's score is included in the performance index score	45661
and the student attains the proficient score on an assessment,	45662
that additional weight shall be assigned to the student on a	45663
subject-by-subject basis.	45664

Students shall be included in the "performance index score"	45665
in accordance with division (K)(2) of section 3302.03 of the	45666
Revised Code.	45667

(B) "Subgroup" means a subset of the entire student	45668
population of the state, a school district, or a school building	45669
and includes each of the following:	45670

(1) Major racial and ethnic groups;

45671

(2) Students with disabilities;

45672

(3) Economically disadvantaged students;

45673

(4) Limited English proficient students;

45674

(5) Students identified as gifted in superior cognitive	45675
ability and specific academic ability fields under Chapter 3324.	45676
of the Revised Code. For students who are gifted in specific	45677
academic ability fields, the department shall use data for those	45678
students with specific academic ability in math and reading. If	45679
any other academic field is assessed, the department shall also	45680
include data for students with specific academic ability in that	45681
field.	45682

(6) Students in the lowest quintile for achievement	45683
statewide, as determined by a method prescribed by the state board	45684
of education.	45685

(C) "No Child Left Behind Act of 2001" includes the statutes	45686
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	45687
both thereto, rules and regulations promulgated pursuant to those	45688
statutes, guidance documents, and any other policy directives	45689
regarding implementation of that act issued by the United States	45690
department of education.	45691

(D) "Adequate yearly progress" means a measure of annual	45692
academic performance as calculated in accordance with the "No	45693
Child Left Behind Act of 2001."	45694

(E) "Supplemental educational services" means additional	45695
academic assistance, such as tutoring, remediation, or other	45696
educational enrichment activities, that is conducted outside of	45697
the regular school day by a provider approved by the department in	45698
accordance with the "No Child Left Behind Act of 2001."	45699

(F) "Value-added progress dimension" means a measure of	45700
academic gain for a student or group of students over a specific	45701
period of time that is calculated by applying a statistical	45702
methodology to individual student achievement data derived from	45703
the achievement assessments prescribed by section 3301.0710 of the	45704
Revised Code. The "value-added progress dimension" shall be	45705
developed and implemented in accordance with section 3302.021 of	45706
the Revised Code.	45707

(G)(1) "Four-year adjusted cohort graduation rate" means the	45708
number of students who graduate in four years or less with a	45709
regular high school diploma divided by the number of students who	45710
form the adjusted cohort for the graduating class.	45711

(2) "Five-year adjusted cohort graduation rate" means the	45712
number of students who graduate in five years with a regular high	45713
school diploma divided by the number of students who form the	45714
adjusted cohort for the four-year graduation rate.	45715

(H) "State institution of higher education" has the same	45716
meaning as in section 3345.011 of the Revised Code.	45717

(I) "Annual measurable objectives" means a measure of student	45718
progress determined in accordance with an agreement between the	45719
department of education and the United States department of	45720
education.	45721

Sec. 3302.03. Annually, not later than the fifteenth day of	45722
September or the preceding Friday when that day falls on a	45723
Saturday or Sunday, the department of education shall assign a	45724
letter grade for overall academic performance and for each	45725
separate performance measure for each school district, and each	45726
school building in a district, in accordance with this section.	45727
The state board shall adopt rules pursuant to Chapter 119. of the	45728
Revised Code to establish performance criteria for each letter	45729
grade and prescribe a method by which the department assigns each	45730
letter grade. For a school building to which any of the	45731
performance measures do not apply, due to grade levels served by	45732
the building, the state board shall designate the performance	45733
measures that are applicable to the building and that must be	45734
calculated separately and used to calculate the building's overall	45735
grade. The department shall issue annual report cards reflecting	45736
the performance of each school district, each building within each	45737
district, and for the state as a whole using the performance	45738
measures and letter grade system described in this section. The	45739
department shall include on the report card for each district and	45740
each building within each district the most recent two-year trend	45741
data in student achievement for each subject and each grade.	45742

(A)(1) For the 2012-2013 school year, the department shall	45743
issue grades as described in division (E) of this section for each	45744
of the following performance measures:	45745

(a) Annual measurable objectives;

45746

(b) Performance index score for a school district or	45747
building. Grades shall be awarded as a percentage of the total	45748
possible points on the performance index system as adopted by the	45749
state board. In adopting benchmarks for assigning letter grades	45750
under division (A)(1)(b) of this section, the state board of	45751
education shall designate ninety per cent or higher for an "A," at	45752
least seventy per cent but not more than eighty per cent for a	45753
"C," and less than fifty per cent for an "F."	45754

(c) The extent to which the school district or building meets	45755
each of the applicable performance indicators established by the	45756
state board under section 3302.02 of the Revised Code and the	45757
percentage of applicable performance indicators that have been	45758
achieved. In adopting benchmarks for assigning letter grades under	45759
division (A)(1)(c) of this section, the state board shall	45760
designate ninety per cent or higher for an "A."	45761

(d) The four- and five-year adjusted cohort graduation rates.

45762

In adopting benchmarks for assigning letter grades under	45763
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	45764
department shall designate a four-year adjusted cohort graduation	45765
rate of ninety-three per cent or higher for an "A" and a five-year	45766
cohort graduation rate of ninety-five per cent or higher for an	45767
"A."	45768

(e) The overall score under the value-added progress	45769
dimension of a school district or building, for which the	45770
department shall use up to three years of value-added data as	45771
available. The letter grade assigned for this growth measure shall	45772
be as follows:	45773

(i) A score that is at least two standard errors of measure	45774
above the mean score shall be designated as an "A."	45775

(ii) A score that is at least one standard error of measure	45776
but less than two standard errors of measure above the mean score	45777
shall be designated as a "B."	45778

(iii) A score that is less than one standard error of measure	45779
above the mean score but greater than or equal to one standard	45780
error of measure below the mean score shall be designated as a	45781
"C."	45782

(iv) A score that is not greater than one standard error of	45783
measure below the mean score but is greater than or equal to two	45784
standard errors of measure below the mean score shall be	45785
designated as a "D."	45786

(v) A score that is not greater than two standard errors of	45787
measure below the mean score shall be designated as an "F."	45788

Whenever the value-added progress dimension is used as a	45789
graded performance measure, whether as an overall measure or as a	45790
measure of separate subgroups, the grades for the measure shall be	45791
calculated in the same manner as prescribed in division (A)(1)(e)	45792
of this section.	45793

(f) The value-added progress dimension score for a school	45794
district or building disaggregated for each of the following	45795
subgroups: students identified as gifted, students with	45796
disabilities, and students whose performance places them in the	45797
lowest quintile for achievement on a statewide basis. Each	45798
subgroup shall be a separate graded measure.	45799

(2) Not later than April 30, 2013, the state board of	45800
education shall adopt a resolution describing the performance	45801
measures, benchmarks, and grading system for the 2012-2013 school	45802
year and, not later than June 30, 2013, shall adopt rules in	45803
accordance with Chapter 119. of the Revised Code that prescribe	45804
the methods by which the performance measures under division	45805
(A)(1) of this section shall be assessed and assigned a letter	45806
grade, including performance benchmarks for each letter grade.	45807

At least forty-five days prior to the state board's adoption	45808
of rules to prescribe the methods by which the performance	45809
measures under division (A)(1) of this section shall be assessed	45810
and assigned a letter grade, the department shall conduct a public	45811
presentation before the standing committees of the house of	45812
representatives and the senate that consider education legislation	45813
describing such methods, including performance benchmarks.	45814

(3) There shall not be an overall letter grade for a school	45815
district or building for the 2012-2013 school year.	45816

(B)(1) For the 2013-2014 school year, the department shall	45817
issue grades as described in division (E) of this section for each	45818
of the following performance measures:	45819

(a) Annual measurable objectives;

45820

(b) Performance index score for a school district or	45821
building. Grades shall be awarded as a percentage of the total	45822
possible points on the performance index system as created by the	45823
department. In adopting benchmarks for assigning letter grades	45824
under division (B)(1)(b) of this section, the state board shall	45825
designate ninety per cent or higher for an "A," at least seventy	45826
per cent but not more than eighty per cent for a "C," and less	45827
than fifty per cent for an "F."	45828

(c) The extent to which the school district or building meets	45829
each of the applicable performance indicators established by the	45830
state board under section 3302.03 of the Revised Code and the	45831
percentage of applicable performance indicators that have been	45832
achieved. In adopting benchmarks for assigning letter grades under	45833
division (B)(1)(c) of this section, the state board shall	45834
designate ninety per cent or higher for an "A."	45835

(d) The four- and five-year adjusted cohort graduation rates;

45836

(e) The overall score under the value-added progress	45837
dimension of a school district or building, for which the	45838
department shall use up to three years of value-added data as	45839
available.	45840

(f) The value-added progress dimension score for a school	45841
district or building disaggregated for each of the following	45842
subgroups: students identified as gifted in superior cognitive	45843
ability and specific academic ability fields under Chapter 3324.	45844
of the Revised Code, students with disabilities, and students	45845
whose performance places them in the lowest quintile for	45846
achievement on a statewide basis. Each subgroup shall be a	45847
separate graded measure.	45848

(g) Whether a school district or building is making progress	45849
in improving literacy in grades kindergarten through three, as	45850
determined using a method prescribed by the state board. The state	45851
board shall adopt rules to prescribe benchmarks and standards for	45852
assigning grades to districts and buildings for purposes of	45853
division (B)(1)~~(j)~~(g) of this section. In adopting benchmarks for	45854
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	45855
this section, the state board shall determine progress made based	45856
on the reduction in the percentage of students scoring below grade	45857
level, or below proficient, compared from year to year on the	45858
~~English language arts~~reading and writing diagnostic assessments	45859
administered under section 3301.0715 of the Revised Code and the	45860
third grade English language arts assessment under section	45861
3301.0710 of the Revised Code, as applicable. The state board	45862
shall designate for a "C" grade a value that is not lower than the	45863
statewide average value for this measure. No grade shall be issued	45864
under divisions (B)(1)(g) and (C)(1)~~(j)~~(g) of this section for a	45865
district or building in which less than five per cent of students	45866
have scored below grade level on the diagnostic assessment	45867
administered to students in kindergarten under division (B)(1) of	45868
section 3313.608 of the Revised Code.	45869

(2) In addition to the graded measures in division (B)(1) of	45870
this section, the department shall include on a school district's	45871
or building's report card all of the following without an assigned	45872
letter grade:	45873

(a) The percentage of students enrolled in a district or	45874
building participating in advanced placement classes and the	45875
percentage of those students who received a score of three or	45876
better on advanced placement examinations;	45877

(b) The number of a district's or building's students who	45878
have earned at least three college credits through dual enrollment	45879
programs, such as the post-secondary enrollment options program	45880
under Chapter 3365. of the Revised Code and state-approved	45881
career-technical courses offered through dual enrollment or	45882
statewide articulation, that appear on a student's transcript or	45883
other official document, either of which is issued by the	45884
institution of higher education from which the student earned the	45885
college credit. The credits earned that are reported under	45886
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	45887
include any that are remedial or developmental and shall include	45888
those that count toward the curriculum requirements established	45889
for completion of a degree.	45890

(c) The percentage of students enrolled in a district or	45891
building who have taken a national standardized test used for	45892
college admission determinations and the percentage of those	45893
students who are determined to be remediation-free in accordance	45894
with standards adopted under division (F) of section 3345.061 of	45895
the Revised Code;	45896

(d) The percentage of the district's or the building's	45897
students who receive industry credentials. The state board shall	45898
adopt criteria for acceptable industry credentials.	45899

(e) The percentage of students enrolled in a district or	45900
building who are participating in an international baccalaureate	45901
program and the percentage of those students who receive a score	45902
of four or better on the international baccalaureate examinations.	45903

(f) The percentage of the district's or building's students	45904
who receive an honors diploma under division (B) of section	45905
3313.61 of the Revised Code.	45906

(3) Not later than December 31, 2013, the state board shall	45907
adopt rules in accordance with Chapter 119. of the Revised Code	45908
that prescribe the methods by which the performance measures under	45909
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	45910
and assigned a letter grade, including performance benchmarks for	45911
each grade.	45912

At least forty-five days prior to the state board's adoption	45913
of rules to prescribe the methods by which the performance	45914
measures under division (B)(1) of this section shall be assessed	45915
and assigned a letter grade, the department shall conduct a public	45916
presentation before the standing committees of the house of	45917
representatives and the senate that consider education legislation	45918
describing such methods, including performance benchmarks.	45919

(4) There shall not be an overall letter grade for a school	45920
district or building for the 2013-2014 school year.	45921

(C)(1) For the 2014-2015 school year and each school year	45922
thereafter, the department shall issue grades as described in	45923
division (E) of this section for each of the following performance	45924
measures and an overall letter grade based on an aggregate of	45925
those measures:	45926

(a) Annual measurable objectives;

45927

(b) Performance index score for a school district or	45928
building. Grades shall be awarded as a percentage of the total	45929
possible points on the performance index system as created by the	45930
department. In adopting benchmarks for assigning letter grades	45931
under division (C)(1)(b) of this section, the state board shall	45932
designate ninety per cent or higher for an "A," at least seventy	45933
per cent but not more than eighty per cent for a "C," and less	45934
than fifty per cent for an "F."	45935

(c) The extent to which the school district or building meets	45936
each of the applicable performance indicators established by the	45937
state board under section 3302.03 of the Revised Code and the	45938
percentage of applicable performance indicators that have been	45939
achieved. In adopting benchmarks for assigning letter grades under	45940
division (C)(1)(c) of this section, the state board shall	45941
designate ninety per cent or higher for an "A."	45942

(d) The four- and five-year adjusted cohort graduation rates;

45943

(e) The overall score under the value-added progress	45944
dimension, or another measure of student academic progress if	45945
adopted by the state board, of a school district or building, for	45946
which the department shall use up to three years of value-added	45947
data as available.	45948

In adopting benchmarks for assigning letter grades for	45949
overall score on value-added progress dimension under division	45950
(C)(1)(e) of this section, the state board shall prohibit the	45951
assigning of a grade of "A" for that measure unless the district's	45952
or building's grade assigned for value-added progress dimension	45953
for all subgroups under division (C)(1)~~(i)~~(f) of this section is a	45954
"B" or higher.	45955

For the metric prescribed by division (C)(1)(e) of this	45956
section, the state board may adopt a student academic progress	45957
measure to be used instead of the value-added progress dimension.	45958
If the state board adopts such a measure, it also shall prescribe	45959
a method for assigning letter grades for the new measure that is	45960
comparable to the method prescribed in division (A)(1)(e) of this	45961
section.	45962

(f) The value-added progress dimension score of a school	45963
district or building disaggregated for each of the following	45964
subgroups: students identified as gifted in superior cognitive	45965
ability and specific academic ability fields under Chapter 3324.	45966
of the Revised Code, students with disabilities, and students	45967
whose performance places them in the lowest quintile for	45968
achievement on a statewide basis, as determined by a method	45969
prescribed by the state board. Each subgroup shall be a separate	45970
graded measure.	45971

The state board may adopt student academic progress measures	45972
to be used instead of the value-added progress dimension. If the	45973
state board adopts such measures, it also shall prescribe a method	45974
for assigning letter grades for the new measures that is	45975
comparable to the method prescribed in division (A)(1)(e) of this	45976
section.	45977

(g) Whether a school district or building is making progress	45978
in improving literacy in grades kindergarten through three, as	45979
determined using a method prescribed by the state board. The state	45980
board shall adopt rules to prescribe benchmarks and standards for	45981
assigning grades to a district or building for purposes of	45982
division (C)(1)~~(j)~~(g) of this section. The state board shall	45983
designate for a "C" grade a value that is not lower than the	45984
statewide average value for this measure. No grade shall be issued	45985
under division (C)(1)(g) of this section for a district or	45986
building in which less than five per cent of students have scored	45987
below grade level on the kindergarten diagnostic assessment under	45988
division (B)(1) of section 3313.608 of the Revised Code.	45989

(2) In addition to the graded measures in division (C)(1) of	45990
this section, the department shall include on a school district's	45991
or building's report card all of the following without an assigned	45992
letter grade:	45993

(a) The percentage of students enrolled in a district or	45994
building who have taken a national standardized test used for	45995
college admission determinations and the percentage of those	45996
students who are determined to be remediation-free in accordance	45997
with the standards adopted under division (F) of section 3345.061	45998
of the Revised Code;	45999

(b) The percentage of students enrolled in a district or	46000
building participating in advanced placement classes and the	46001
percentage of those students who received a score of three or	46002
better on advanced placement examinations;	46003

(c) The number of a district's or building's students who	46004
have earned at least three college credits through dual enrollment	46005
programs, such as the post-secondary enrollment options program	46006
under Chapter 3365. of the Revised Code and state-approved	46007
career-technical courses offered through dual enrollment or	46008
statewide articulation, that appear on a student's transcript or	46009
other official document, either of which is issued by the	46010
institution of higher education from which the student earned the	46011
college credit. The credits earned that are reported under	46012
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	46013
include any that are remedial or developmental and shall include	46014
those that count toward the curriculum requirements established	46015
for completion of a degree.	46016

(d) The percentage of the district's or building's students	46017
who receive an honor's diploma under division (B) of section	46018
3313.61 of the Revised Code;	46019

(e) The percentage of the district's or building's students	46020
who receive industry credentials;	46021

(f) The percentage of students enrolled in a district or	46022
building who are participating in an international baccalaureate	46023
program and the percentage of those students who receive a score	46024
of four or better on the international baccalaureate examinations;	46025

(g) The results of the college and career-ready assessments	46026
administered under division (B)(1) of section 3301.0712 of the	46027
Revised Code.	46028

(3) The state board shall adopt rules pursuant to Chapter	46029
119. of the Revised Code that establish a method to assign an	46030
overall grade for a school district or school building for the	46031
2014-2015 school year and each school year thereafter. The rules	46032
shall group the performance measures in divisions (C)(1) and (2)	46033
of this section into the following components:	46034

(a) Gap closing, which shall include the performance measure	46035
in division (C)(1)(a) of this section;	46036

(b) Achievement, which shall include the performance measures	46037
in divisions (C)(1)(b) and (c) of this section;	46038

(c) Progress, which shall include the performance measures in	46039
divisions (C)(1)(e) and ~~(i)~~(f) of this section;	46040

(d) Graduation, which shall include the performance measure	46041
in division (C)(1)(d) of this section;	46042

(e) Kindergarten through third-grade literacy, which shall	46043
include the performance measure in division (C)(1)~~(k)~~(g) of this	46044
section;	46045

(f) Prepared for success, which shall include the performance	46046
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	46047
this section. The state board shall develop a method to determine	46048
a grade for the component in division (C)(3)(f) of this section	46049
using the performance measures in divisions (C)(2)(a), (b), (c),	46050
(d), (e), and (f) of this section. When available, the state board	46051
may incorporate the performance measure under division (C)(2)(g)	46052
of this section into the component under division (C)(3)(f) of	46053
this section. When determining the overall grade for the prepared	46054
for success component prescribed by division (C)(3)(f) of this	46055
section, no individual student shall be counted in more than one	46056
performance measure. However, if a student qualifies for more than	46057
one performance measure in the component, the state board may, in	46058
its method to determine a grade for the component, specify an	46059
additional weight for such a student that is not greater than or	46060
equal to 1.0. In determining the overall score under division	46061
(C)(3)(f) of this section, the state board shall ensure that the	46062
pool of students included in the performance measures aggregated	46063
under that division are all of the students included in the four-	46064
and five-year adjusted graduation cohort.	46065

In the rules adopted under division (C)(3) of this section,	46066
the state board shall adopt a method for determining a grade for	46067
each component in divisions (C)(3)(a) to (f) of this section. The	46068
state board also shall establish a method to assign an overall	46069
grade of "A," "B," "C," "D," or "F" using the grades assigned for	46070
each component. The method the state board adopts for assigning an	46071
overall grade shall give equal weight to the components in	46072
divisions (C)(3)(b) and (c) of this section.	46073

At least forty-five days prior to the state board's adoption	46074
of rules to prescribe the methods for calculating the overall	46075
grade for the report card, as required by this division, the	46076
department shall conduct a public presentation before the standing	46077
committees of the house of representatives and the senate that	46078
consider education legislation describing the format for the	46079
report card, weights that will be assigned to the components of	46080
the overall grade, and the method for calculating the overall	46081
grade.	46082

(D) Not later than July 1, 2015, the state board shall	46083
develop a measure of student academic progress for high school	46084
students. Beginning with the report card for the 2015-2016 school	46085
year, each school district and applicable school building shall be	46086
assigned a separate letter grade for this measure and the	46087
district's or building's grade for that measure shall be included	46088
in determining the district's or building's overall letter grade.	46089
This measure shall be included within the measure prescribed in	46090
division (C)~~(2)~~(3)(c) of this section in the calculation for the	46091
overall letter grade.	46092

(E) The letter grades assigned to a school district or	46093
building under this section shall be as follows:	46094

(1) "A" for a district or school making excellent progress;

46095

(2) "B" for a district or school making above average	46096
progress;	46097

(3) "C" for a district or school making average progress;

46098

(4) "D" for a district or school making below average	46099
progress;	46100

(5) "F" for a district or school failing to meet minimum	46101
progress.	46102

(F) When reporting data on student achievement and progress,	46103
the department shall disaggregate that data according to the	46104
following categories:	46105

(1) Performance of students by grade-level;

46106

(2) Performance of students by race and ethnic group;

46107

(3) Performance of students by gender;

46108

(4) Performance of students grouped by those who have been	46109
enrolled in a district or school for three or more years;	46110

(5) Performance of students grouped by those who have been	46111
enrolled in a district or school for more than one year and less	46112
than three years;	46113

(6) Performance of students grouped by those who have been	46114
enrolled in a district or school for one year or less;	46115

(7) Performance of students grouped by those who are	46116
economically disadvantaged;	46117

(8) Performance of students grouped by those who are enrolled	46118
in a conversion community school established under Chapter 3314.	46119
of the Revised Code;	46120

(9) Performance of students grouped by those who are	46121
classified as limited English proficient;	46122

(10) Performance of students grouped by those who have	46123
disabilities;	46124

(11) Performance of students grouped by those who are	46125
classified as migrants;	46126

(12) Performance of students grouped by those who are	46127
identified as gifted in superior cognitive ability and the	46128
specific academic ability fields of reading and math pursuant to	46129
Chapter 3324. of the Revised Code. In disaggregating specific	46130
academic ability fields for gifted students, the department shall	46131
use data for those students with specific academic ability in math	46132
and reading. If any other academic field is assessed, the	46133
department shall also include data for students with specific	46134
academic ability in that field as well.	46135

(13) Performance of students grouped by those who perform in	46136
the lowest quintile for achievement on a statewide basis, as	46137
determined by a method prescribed by the state board.	46138

The department may disaggregate data on student performance	46139
according to other categories that the department determines are	46140
appropriate. To the extent possible, the department shall	46141
disaggregate data on student performance according to any	46142
combinations of two or more of the categories listed in divisions	46143
(F)(1) to (13) of this section that it deems relevant.	46144

In reporting data pursuant to division (F) of this section,	46145
the department shall not include in the report cards any data	46146
statistical in nature that is statistically unreliable or that	46147
could result in the identification of individual students. For	46148
this purpose, the department shall not report student performance	46149
data for any group identified in division (F) of this section that	46150
contains less than ten students. If the department does not report	46151
student performance data for a group because it contains less than	46152
ten students, the department shall indicate on the report card	46153
that is why data was not reported.	46154

(G) The department may include with the report cards any	46155
additional education and fiscal performance data it deems	46156
valuable.	46157

(H) The department shall include on each report card a list	46158
of additional information collected by the department that is	46159
available regarding the district or building for which the report	46160
card is issued. When available, such additional information shall	46161
include student mobility data disaggregated by race and	46162
socioeconomic status, college enrollment data, and the reports	46163
prepared under section 3302.031 of the Revised Code.	46164

The department shall maintain a site on the world wide web.	46165
The report card shall include the address of the site and shall	46166
specify that such additional information is available to the	46167
public at that site. The department shall also provide a copy of	46168
each item on the list to the superintendent of each school	46169
district. The district superintendent shall provide a copy of any	46170
item on the list to anyone who requests it.	46171

(I) Division (I) of this section does not apply to conversion	46172
community schools that primarily enroll students between sixteen	46173
and twenty-two years of age who dropped out of high school or are	46174
at risk of dropping out of high school due to poor attendance,	46175
disciplinary problems, or suspensions.	46176

(1) For any district that sponsors a conversion community	46177
school under Chapter 3314. of the Revised Code, the department	46178
shall combine data regarding the academic performance of students	46179
enrolled in the community school with comparable data from the	46180
schools of the district for the purpose of determining the	46181
performance of the district as a whole on the report card issued	46182
for the district under this section or section 3302.033 of the	46183
Revised Code.	46184

(2) Any district that leases a building to a community school	46185
located in the district or that enters into an agreement with a	46186
community school located in the district whereby the district and	46187
the school endorse each other's programs may elect to have data	46188
regarding the academic performance of students enrolled in the	46189
community school combined with comparable data from the schools of	46190
the district for the purpose of determining the performance of the	46191
district as a whole on the district report card. Any district that	46192
so elects shall annually file a copy of the lease or agreement	46193
with the department.	46194

(3) Any municipal school district, as defined in section	46195
3311.71 of the Revised Code, that sponsors a community school	46196
located within the district's territory, or that enters into an	46197
agreement with a community school located within the district's	46198
territory whereby the district and the community school endorse	46199
each other's programs, may exercise either or both of the	46200
following elections:	46201

(a) To have data regarding the academic performance of	46202
students enrolled in that community school combined with	46203
comparable data from the schools of the district for the purpose	46204
of determining the performance of the district as a whole on the	46205
district's report card;	46206

(b) To have the number of students attending that community	46207
school noted separately on the district's report card.	46208

The election authorized under division (I)(3)(a) of this	46209
section is subject to approval by the governing authority of the	46210
community school.	46211

Any municipal school district that exercises an election to	46212
combine or include data under division (I)(3) of this section, by	46213
the first day of October of each year, shall file with the	46214
department documentation indicating eligibility for that election,	46215
as required by the department.	46216

(J) The department shall include on each report card the	46217
percentage of teachers in the district or building who are highly	46218
qualified, as defined by the "No Child Left Behind Act of 2001,"	46219
and a comparison of that percentage with the percentages of such	46220
teachers in similar districts and buildings.	46221

(K)(1) In calculating English language arts, mathematics,	46222
social studies, or science assessment passage rates used to	46223
determine school district or building performance under this	46224
section, the department shall include all students taking an	46225
assessment with accommodation or to whom an alternate assessment	46226
is administered pursuant to division (C)(1) or (3) of section	46227
3301.0711 of the Revised Code.	46228

(2) In calculating performance index scores, rates of	46229
achievement on the performance indicators established by the state	46230
board under section 3302.02 of the Revised Code, and annual	46231
measurable objectives for determining adequate yearly progress for	46232
school districts and buildings under this section, the department	46233
shall do all of the following:	46234

(a) Include for each district or building only those students	46235
who are included in the ADM certified for the first full school	46236
week of October and are continuously enrolled in the district or	46237
building through the time of the spring administration of any	46238
assessment prescribed by division (A)(1) or (B)(1) of section	46239
3301.0710 of the Revised Code that is administered to the	46240
student's grade level;	46241

(b) Include cumulative totals from both the fall and spring	46242
administrations of the third grade English language arts	46243
achievement assessment;	46244

(c) Except as required by the "No Child Left Behind Act of	46245
2001," exclude for each district or building any limited English	46246
proficient student who has been enrolled in United States schools	46247
for less than one full school year.	46248

(L) Beginning with the 2015-2016 school year and at least	46249
once every three years thereafter, the state board of education	46250
shall review and may adjust the benchmarks for assigning letter	46251
grades to the performance measures and components prescribed under	46252
divisions (C)(3) and (D) of this section.	46253

Sec. 3302.032. (A) Not later than December 31, 2011, the	46254
state board of education shall establish a measure of the	46255
following:	46256

(1) Student success in meeting the benchmarks contained in	46257
the physical education standards adopted under division (A)(3) of	46258
section 3301.079 of the Revised Code;	46259

(2) Compliance with the requirements for local wellness	46260
policies prescribed by section 204 of the "Child Nutrition and WIC	46261
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	46262

(3) Whether a school district or building has elected to	46263
administer the screenings authorized by sections 3313.674,	46264
3314.15, and 3326.26 of the Revised Code;	46265

(4) Whether a school district or building is participating in	46266
the physical activity pilot program administered under section	46267
3313.6016 of the Revised Code.	46268

(B) The measure shall be included on the school district and	46269
building report cards issued under section 3302.03 of the Revised	46270
Code, beginning with the report cards issued for the 2012-2013	46271
school year, but it shall not be a factor in the performance	46272
ratings issued under that section.	46273

(C) The department of education may accept, receive, and	46274
expend gifts, devises, or bequests of money for the purpose of	46275
establishing the measure required by this section.	46276

(D) The department shall not include students enrolled in an	46277
internet- or computer-based community school, as defined in	46278
section 3314.02 of the Revised Code, in any reports using the	46279
measures required under division (A) of this section.	46280

Sec. 3302.20. (A) The department of education shall develop	46281
standards for determining, from the existing data reported in	46282
accordance with sections 3301.0714 and 3314.17 of the Revised	46283
Code, the amount of annual operating expenditures for classroom	46284
instructional purposes and for nonclassroom purposes for each	46285
city, exempted village, local, and joint vocational school	46286
district, each community school established under Chapter 3314.	46287
that is not an internet- or computer-based community school, each	46288
internet- or computer-based community school, and each STEM school	46289
established under Chapter 3326. of the Revised Code. The	46290
department shall present those standards to the state board of	46291
education for consideration. In developing the standards, the	46292
department shall adapt existing standards used by professional	46293
organizations, research organizations, and other state	46294
governments. The department also shall align the expenditure	46295
categories required for reporting under the standards with the	46296
categories that are required for reporting to the United States	46297
department of education under federal law.	46298

The state board shall consider the proposed standards and	46299
adopt a final set of standards not later than December 31, 2012.	46300
School districts, community schools, and STEM schools shall begin	46301
reporting data in accordance with the standards on June 30, 2013.	46302

(B)(1) The department shall categorize all city, exempted	46303
village, and local school districts into not less than three nor	46304
more than five groups based primarily on average daily student	46305
enrollment as reported on the most recent report card issued for	46306
each district under section 3302.03 of the Revised Code.	46307

(2) The department shall categorize all joint vocational	46308
school districts into not less than three nor more than five	46309
groups based primarily on average daily membership as reported	46310
under division (D) of section 3317.03 of the Revised Code rounded	46311
to the nearest whole number.	46312

(3) The department shall categorize all community schools	46313
that are not internet- or computer-based community schools into	46314
not less than three nor more than five groups based primarily on	46315
average daily student enrollment as reported on the most recent	46316
report card issued for each community school under sections	46317
3302.03 and 3314.012 of the Revised Code or, in the case of a	46318
school to which section 3314.017 of the Revised Code applies, on	46319
the total number of students reported under divisions (B)(2)(a)	46320
and (b) of section 3314.08 of the Revised Code.	46321

(4) The department shall categorize all internet- or	46322
computer-based community schools into a single category.	46323

(5) The department shall categorize all STEM schools into a	46324
single category.	46325

(C) Using the standards adopted under division (A) of this	46326
section and the data reported under sections 3301.0714 and 3314.17	46327
of the Revised Code, the department shall compute annually for	46328
each fiscal year, the following:	46329

(1) The percentage of each district's, community school's, or	46330
STEM school's total operating budget spent for classroom	46331
instructional purposes;	46332

(2) The statewide average percentage for all districts,	46333
community schools, and STEM schools combined spent for classroom	46334
instructional purposes;	46335

(3) The average percentage for each of the categories of	46336
districts and schools established under division (B) of this	46337
section spent for classroom instructional purposes;	46338

(4) The ranking of each district, community school, or STEM	46339
school within its respective category established under division	46340
(B) of this section according to the following:	46341

(a) From highest to lowest percentage spent for classroom	46342
instructional purposes;	46343

(b) From lowest to highest percentage spent for	46344
noninstructional purposes.	46345

(D) In its display of rankings within each category under	46346
division (C)(4) of this section, the department shall make the	46347
following notations:	46348

(1) Within each category of city, exempted village, and local	46349
school districts, the department shall denote each district that	46350
is:	46351

(a) Among the twenty per cent of all city, exempted village,	46352
and local school districts statewide with the lowest total	46353
operating expenditures per pupil;	46354

(b) Among the twenty per cent of all city, exempted village,	46355
and local school districts statewide with the highest performance	46356
index scores.	46357

(2) Within each category of joint vocational school	46358
districts, the department shall denote each district that is:	46359

(a) Among the twenty per cent of all joint vocational school	46360
districts statewide with the lowest total operating expenditures	46361
per pupil;	46362

(b) Among the twenty per cent of all joint vocational school	46363
districts statewide with the highest report card scores under	46364
section 3302.033 of the Revised Code.	46365

(3) Within each category of community schools that are not	46366
internet- or computer-based community schools, the department	46367
shall denote each school that is:	46368

(a) Among the twenty per cent of all such community schools	46369
statewide with the lowest total operating expenditures per pupil;	46370

(b) Among the twenty per cent of all such community schools	46371
statewide with the highest performance index scores, excluding	46372
such community schools to which section 3314.017 of the Revised	46373
Code applies.	46374

(4) Within the category of internet- or computer-based	46375
community schools, the department shall denote each school that	46376
is:	46377

(a) Among the twenty per cent of all such community schools	46378
statewide with the lowest total operating expenditures per pupil;	46379

(b) Among the twenty per cent of all such community schools	46380
statewide with the highest performance index scores, excluding	46381
such community schools to which section 3314.017 of the Revised	46382
Code applies.	46383

(5) Within the category of STEM schools, the department shall	46384
denote each school that is:	46385

(a) Among the twenty per cent of all STEM schools statewide	46386
with the lowest total operating expenditures per pupil;	46387

(b) Among the twenty per cent of all STEM schools statewide	46388
with the highest performance index scores.	46389

For purposes of divisions (D)(3)(b) and (4)(b) of this	46390
section, the display shall note that, in accordance with section	46391
3314.017 of the Revised Code, a performance index score is not	46392
reported for some community schools that serve primarily students	46393
enrolled in dropout prevention and recovery programs.	46394

(E) The department shall post in a prominent location on its	46395
web site the information prescribed by divisions (C) and (D) of	46396
this section. The department also shall include on each	46397
district's, community school's, and STEM school's annual report	46398
card issued under section 3302.03 or 3314.017 of the Revised Code	46399
the respective information computed for the district or school	46400
under divisions (C)(1) and (4) of this section, the statewide	46401
information computed under division (C)(2) of this section, and	46402
the information computed for the district's or school's category	46403
under division (C)(3) of this section.	46404

(F) As used in this section:

46405

(1) "Internet- or computer-based community school" has the	46406
same meaning as in section 3314.02 of the Revised Code.	46407

(2) A school district's, community school's, or STEM school's	46408
performance index score rank is its performance index score rank	46409
as computed under section 3302.21 of the Revised Code.	46410

(3) "Operating expenditures per pupil" has the same meaning	46411
as "expenditure per equivalent pupils" as defined in section	46412
3302.26 of the Revised Code.	46413

Sec. 3302.21. (A) The department of education shall develop	46414
a system to rank order all city, exempted village, and local	46415
school districts, community schools established under Chapter	46416
3314. of the Revised Code except those community schools to which	46417
section 3314.017 of the Revised Code applies, and STEM schools	46418
established under Chapter 3326. of the Revised Code according to	46419
the following measures:	46420

(1) Performance index score for each school district,	46421
community school, and STEM school and for each separate building	46422
of a district, community school, or STEM school. For districts,	46423
schools, or buildings to which the performance index score does	46424
not apply, the superintendent of public instruction may develop	46425
another measure of student academic performance based on similar	46426
data and performance measures if appropriate and use that measure	46427
to include those buildings in the ranking so that districts,	46428
schools, and buildings may be reliably compared to each other.	46429

(2) Student performance growth from year to year, using the	46430
value-added progress dimension, if applicable, and other measures	46431
of student performance growth designated by the superintendent of	46432
public instruction for subjects and grades not covered by the	46433
value-added progress dimension or the alternative student academic	46434
progress measure if adopted under division (C)(1)(e) of section	46435
3302.03 of the Revised Code;	46436

(3) Current operating expenditures per pupil as determined	46437
under standards adopted by the state board of education under	46438
section 3302.20 of the Revised Code;	46439

(4) Of total current operating expenditures, percentage spent	46440
for classroom instruction as determined under standards adopted by	46441
the state board under section 3302.20 of the Revised Code;	46442

(5) Performance of, and opportunities provided to, students	46443
identified as gifted using value-added progress dimensions, if	46444
applicable, and other relevant measures as designated by the	46445
superintendent of public instruction.	46446

The department shall rank each district, each community	46447
school except a community school to which section 3314.017 of the	46448
Revised Code applies, and each STEM school annually in accordance	46449
with the system developed under this section.	46450

(B) In addition to the reports required by sections 3302.03	46451
and 3302.031 of the Revised Code, not later than the first day of	46452
September each year, the department shall issue a report for each	46453
city, exempted village, and local school district, each community	46454
school except a community school to which section 3314.017 of the	46455
Revised Code applies, and each STEM school indicating the	46456
district's or school's rank on each measure described in divisions	46457
(A)(1) to (4) of this section, including each separate building's	46458
rank among all public school buildings according to performance	46459
index score under division (A)(1) of this section.	46460

(C) As used in this section, "operating expenditures per	46461
pupil" has the same meaning as "expenditure per equivalent pupils"	46462
as defined in section 3302.26 of the Revised Code.	46463

Sec. 3302.22. (A) The governor's effective and efficient	46464
schools recognition program is hereby created. Each year, the	46465
governor shall recognize, in a manner deemed appropriate by the	46466
governor, the top ten per cent of all public schools in this	46467
state, including ~~schools of~~ city, exempted village, and local	46468
school districts, or joint vocational school districts, community	46469
schools established under Chapter 3314. ~~of the Revised Code~~, and	46470
STEM schools established under Chapter 3326. of the Revised Code.	46471

(B) The top ten per cent of schools shall be determined by	46472
the department of education according to standards established by	46473
the department, in consultation with the governor's office of 21st	46474
century education. The standards for recognition for each type of	46475
school may vary depending upon the unique characteristics of that	46476
type of school. The standards shall include, but need not be	46477
limited to, both of the following, provided that sufficient data	46478
is available for each school:	46479

(1) Student performance, as determined by factors ~~including~~	46480
that may include, but not be limited to, performance indicators	46481
under section 3302.02 of the Revised Code, report cards issued	46482
under section 3302.03 of the Revised Code, performance index score	46483
rankings under section 3302.21 of the Revised Code, and any other	46484
statewide or national assessment or student performance	46485
recognition program the department selects;	46486

(2) Fiscal performance, ~~including~~which may include	46487
cost-effective measures taken by the school.	46488

(C) If applicable, the standards under divisions (B)(1) and	46489
(2) of this section may be applied at the school building or	46490
district level, depending upon the quality and availability of	46491
data.	46492

Sec. 3302.26. (A) As used in this section:

46493

(1) "Expenditure per equivalent pupils" is the total	46494
operating expenditures of a school district divided by the measure	46495
of equivalent pupils.	46496

(2) "Measure of equivalent pupils" is the total number of	46497
students in a school district adjusted for the relative	46498
differences in costs associated with the unique characteristics	46499
and needs of each category of pupil.	46500

(B) The department of education shall create a performance	46501
management section on the department's public web site. The	46502
performance management section shall include information on	46503
academic and financial performance metrics for each school	46504
district to assist schools and districts in providing an effective	46505
and efficient delivery of educational services. The section shall	46506
include a graph that illustrates the relationship between a	46507
district's academic performance, as measured by the performance	46508
index score, and its expenditure per equivalent pupils as compared	46509
to similar districts. The section shall include statistics of	46510
academic and financial performance measures for each school	46511
district to allow for a comparison and benchmarking between	46512
districts.	46513

(C) The department may contract with an independent	46514
organization to develop and host the performance management	46515
section of its web site.	46516

Sec. 3303.41. There is hereby created the governor's council	46517
on people with disabilities. The council shall consist of	46518
twenty-one members of which the majority shall be people with	46519
disabilities as defined in this section, appointed by the governor	46520
for a term of three years except that for initial appointments,	46521
seven members shall be appointed for a term of one year, seven	46522
members shall be appointed for a term of two years, and seven	46523
members shall be appointed for a term of three years. Members may	46524
succeed themselves not more than one time. The governor shall	46525
annually appoint a ~~chairman~~chairperson who may succeed himself or	46526
herself not more than one time. Members of the council shall serve	46527
without compensation, but shall be paid the actual and necessary	46528
expenses they incur in the performance of their duties.	46529

The council shall meet at least six times annually at such	46530
times and places as may be designated by the ~~chairman~~chairperson.	46531

The governor's council on people with disabilities shall be	46532
assigned to the ~~rehabilitation services commission~~opportunities	46533
for Ohioans with disabilities agency for administrative purposes.	46534
The ~~administrator~~executive director of the ~~rehabilitation~~	46535
~~services commission~~opportunities for Ohioans with disabilities	46536
agency shall assign one professional staff person to the council	46537
to serve as executive secretary and other personnel as determined	46538
advisable.	46539

The council shall have the following powers:

46540

(A) To cooperate with the president's committee on employment	46541
of the handicapped;	46542

(B) To cooperate with all employers both public and private	46543
in locating or developing employment opportunities for people with	46544
disabilities;	46545

(C) To encourage and assist in the creation of committees at	46546
the community level;	46547

(D) To assist local, state, and federal agencies to	46548
coordinate their activities for the purpose of securing maximum	46549
utilization of funds and efforts that benefit people with	46550
disabilities;	46551

(E) To encourage cooperation among public and private	46552
employers, unions, and rehabilitation agencies, bureaus, and	46553
organizations both public and private with a specific goal to	46554
facilitate employment of people with disabilities;	46555

(F) To serve in an advisory capacity to the governor's office	46556
directly and as needed to the general assembly on issues relating	46557
to the needs, problems, and other concerns of people with	46558
disabilities;	46559

(G) To conduct educational programs to acquaint the public	46560
with the abilities and accomplishments of people with	46561
disabilities;	46562

(H) To promote the elimination of architectural barriers to	46563
make buildings used by the public accessible and useable by	46564
persons with physical limitations;	46565

(I) To make such rules as it determines advisable for the	46566
conduct of its own business.	46567

The council shall annually report to the governor on council	46568
activities and on the state of ~~Ohio's~~the people of this state	46569
with disabilities. This report may include any recommendations	46570
believed necessary or desirable to carry out the purposes of this	46571
section.	46572

As used in this section, "person with a disability" means any	46573
individual who has a disability or condition ~~which~~that,	46574
regardless of its physical or mental origin, imposes a functional	46575
limitation. It	46576

It shall be lawful for any public employee or officer to	46577
serve as a member of the council.	46578

Sec. 3304.11. As used in sections 3304.11 to 3304.27,	46579
~~inclusive,~~ of the Revised Code:	46580

(A) ~~"Handicapped person" or "disabled person"~~"Person with a	46581
disability" means any person with a physical or mental ~~disability~~	46582
~~which~~impairment that is a substantial ~~handicap~~impediment to	46583
employment ~~and which is of a nature that~~who can benefit in terms	46584
of an employment outcome from the provision of vocational	46585
rehabilitation services ~~may reasonably be expected to render him~~	46586
~~fit to engage in a gainful occupation consistent with his~~	46587
~~capacities and abilities, and any person with a physical or mental~~	46588
~~disability that constitutes a substantial handicap to employment~~	46589
~~for whom vocational rehabilitation services are necessary to~~	46590
~~determine his rehabilitation potential~~.	46591

(B) "Physical or mental ~~disability~~impairment" means a	46592
physical or mental condition that materially limits, contributes	46593
to limiting or, if not corrected, will probably result in limiting	46594
a person's activities or functioning.	46595

(C) "Substantial ~~handicap~~impediment to employment" means a	46596
physical or mental disability that impedes a person's occupational	46597
performance, by preventing ~~his~~the person's obtaining, retaining,	46598
or preparing for a gainful occupation consistent with ~~his~~the	46599
person's capacities and abilities.	46600

(D) "Vocational rehabilitation" and "vocational	46601
rehabilitation services" means any activity or service calculated	46602
to enable a ~~handicapped~~ person with a disability or groups of	46603
~~handicapped~~ persons with disabilities to engage in gainful	46604
occupation and includes, but is not limited to, medical and	46605
vocational evaluation, including diagnostic and related services,	46606
vocational counseling, guidance and placement, including follow-up	46607
services, rehabilitation training, including books and other	46608
training materials, physical restoration, recruitment and training	46609
services designed to provide ~~handicapped~~ persons with disabilities	46610
new employment opportunities, maintenance, occupational tools,	46611
equipment, supplies, transportation, services to families of	46612
~~handicapped~~ persons ~~which~~with disabilities that contribute	46613
substantially to the rehabilitation of these persons, and any	46614
other goods or service necessary to render a ~~handicapped~~ person	46615
with a disability employable.	46616

(E) "Establishment of a rehabilitation facility" means the	46617
expansion, remodeling, or alteration of an existing building,	46618
~~which~~that is necessary to adapt or to increase the effectiveness	46619
of that building for rehabilitation facility purposes, the	46620
acquisition of equipment for these purposes, and the initial	46621
staffing.	46622

(F) "Construction" means the construction of new buildings,	46623
acquisition of land or existing buildings and their expansion,	46624
remodeling, alteration and renovation, and the initial staffing	46625
and equipment of any new, newly acquired, expanded, remodeled,	46626
altered, or renovated buildings.	46627

(G) "Physical restoration services" means those services	46628
~~which~~that are necessary to correct or substantially modify within	46629
a reasonable period of time a physical or mental condition ~~which~~	46630
that is stable or slowly progressive.	46631

(H) "Occupational license" means any license, permit, or	46632
other written authority required by any governmental unit in order	46633
to engage in any occupation or business.	46634

(I) "Maintenance" means money payments to ~~disabled~~ persons	46635
with disabilities who need financial assistance for their	46636
subsistence during their vocational rehabilitation.	46637

Sec. 3304.12. (A) The governor, with the advice and consent	46638
of the senate, shall appoint ~~a rehabilitation services~~the	46639
opportunities for Ohioans with disabilities commission within the	46640
opportunities for Ohioans with disabilities agency consisting of	46641
seven members, no more than four of whom shall be members of the	46642
same political party and who shall include at least three from	46643
rehabilitation professions, including at least one member from the	46644
field of services to the blind, and at least four ~~handicapped~~	46645
individuals with disabilities, no less than two nor more than	46646
three of whom have received vocational rehabilitation services	46647
offered by a state vocational rehabilitation agency or the	46648
veterans' administration. ~~Such handicapped~~The members with	46649
disabilities shall be representative of several major categories	46650
of ~~handicapped~~ persons with disabilities served by the ~~commission~~	46651
opportunities for Ohioans with disabilities agency.	46652

(B) ~~Of the members first appointed to the commission, one~~	46653
~~shall be appointed for a term of seven years, one for a term of~~	46654
~~six years, one for a term of five years, one for a term of four~~	46655
~~years, one for a term of three years, one for a term of two years,~~	46656
~~and one for a term of one year. Thereafter, terms~~Terms of office	46657
shall be for seven years, commencing on the ninth day of September	46658
and ending on the eighth day of September, with no person eligible	46659
to serve more than two seven-year terms. Each member shall hold	46660
office from the date of ~~his~~ appointment until the end of the term	46661
for which hethe member was appointed. Any member appointed to	46662
fill a vacancy occurring prior to the expiration of the term for	46663
which ~~his~~the member's predecessor was appointed shall hold office	46664
for the remainder of ~~such~~that term. Any member shall continue in	46665
office subsequent to the expiration date of ~~his~~the member's term	46666
until ~~his~~a successor takes office, or until a period of sixty	46667
days has elapsed, whichever occurs first. ~~Members appointed to the~~	46668
~~commission after September 1, 1977, shall be handicapped~~	46669
~~individuals representing those who have received vocational~~	46670
~~rehabilitation services offered by a state vocational~~	46671
~~rehabilitaion agency or the veterans' administration until the~~	46672
~~commission membership includes at least four such individuals.~~	46673
Members who fail to perform their duties or who are guilty of	46674
misconduct may be removed on written charges preferred by the	46675
governor or by a majority of the commission.	46676

(C) Members of the commission shall be reimbursed for travel	46677
and necessary expenses incurred in the conduct of their duties,	46678
and shall receive an amount fixed pursuant to division (J) of	46679
section 124.15 of the Revised Code while actually engaged in	46680
attendance at meetings or in the performance of their duties.	46681

Sec. 3304.13. The ~~rehabilitation services commission~~	46682
opportunities for Ohioans with disabilities commission shall hold	46683
its first meeting at the call of the governor, and at that	46684
meeting, shall elect one of its members as ~~chairman~~chairperson	46685
and adopt rules governing the time and place of regular meetings,	46686
which shall be held not less than once every four months. Special	46687
meetings shall be held at the call of the ~~chairman~~chairperson or	46688
any three members of the commission. The ~~chairman~~chairperson	46689
shall serve for four years, unless removed earlier by a majority	46690
vote of the commission, and shall be ineligible to serve as	46691
~~chairman~~chairperson during the succeeding four years. Each member	46692
of the commission, before entering upon the duties of office,	46693
shall take and subscribe an oath to uphold the constitution and	46694
laws of the United States and this state and to perform the duties	46695
of office honestly, faithfully, and impartially. Each member shall	46696
give a bond of five thousand dollars, with a sufficient surety	46697
approved by the treasurer of state. After approval, the bond shall	46698
be filed with the secretary of state. If the bond is executed by a	46699
surety company, the premiums on it shall be paid from the funds	46700
appropriated for the expenses of the ~~rehabilitation services~~	46701
~~commission~~opportunities for Ohioans with disabilities agency.	46702

~~Sec. 3304.16.~~ Sec. 3304.14. ~~In carrying out~~For the purposes of	46703
sections 3304.11 to 3304.27 of the Revised Code, the	46704
~~rehabilitation services commission~~opportunities for Ohioans with	46705
disabilities commission shall approve the state vocational	46706
rehabilitation plan, jointly approve the state plan for	46707
independent living with the Ohio state independent living council,	46708
appoint a consumer advisory committee, and, to the extent	46709
feasible, conduct a review and analysis of the effectiveness of	46710
and consumer satisfaction with all of the following:	46711

(A) ~~Shall develop all necessary rules~~The functions performed	46712
by the opportunities for Ohioans with disabilities agency;	46713

(B) ~~Shall prepare and submit to the governor annual reports~~	46714
~~of activities and expenditures and, prior to each first regular~~	46715
~~session of the general assembly, an estimate of sums required to~~	46716
~~carry out the commission's responsibilities~~The vocational	46717
rehabilitation services provided by state agencies and other	46718
public and private entities responsible for providing vocational	46719
rehabilitation services to persons with disabilities under the	46720
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as	46721
amended;	46722

(C) ~~Shall certify any disbursement of funds available to the~~	46723
~~commission for vocational rehabilitation activities;~~	46724

~~(D) Shall serve as the sole state agency designated to~~	46725
~~administer the plan under the "Rehabilitation Act of 1973," 87~~	46726
~~Stat. 355, 29 U.S.C. 701, as amended;~~	46727

~~(E) Shall take appropriate action to guarantee rights of and~~	46728
~~services to handicapped persons;~~	46729

~~(F) Shall consult with and advise other state agencies to~~	46730
~~assist them in meeting the needs of handicapped persons more~~	46731
~~effectively and to achieve maximum coordination among programs for~~	46732
~~the handicapped;~~	46733

~~(G) Shall establish an administrative division of consumer~~	46734
~~affairs and advocacy within the commission to promote and help~~	46735
~~guarantee the rights of handicapped persons;~~	46736

~~(H) Shall maintain an inventory of state services that are~~	46737
~~available to handicapped persons;~~	46738

~~(I) Shall utilize, support, assist, and cooperate with the~~	46739
~~governor's committee on employment of the handicapped;~~	46740

~~(J) May delegate to any officer or employee of the commission~~	46741
~~any necessary powers and duties, except that the commission shall~~	46742
~~delegate to the administrator of the commission, as provided in~~	46743
~~section 3304.14 of the Revised Code, the power and duty to~~	46744
~~administer the daily operation and provision of vocational~~	46745
~~rehabilitation services;~~	46746

~~(K) May take any other necessary or appropriate action for~~	46747
~~cooperation with public and private agencies and organizations~~	46748
~~which may include:~~	46749

~~(1) Reciprocal agreements with other states to provide for~~	46750
~~the vocational rehabilitation of individuals within the states~~	46751
~~concerned;~~	46752

~~(2) Contracts or other arrangements with public and other~~	46753
~~nonprofit agencies and organizations for the construction or~~	46754
~~establishment and operation of vocational rehabilitation programs~~	46755
~~and facilities;~~	46756

~~(3) Cooperative arrangements with the federal government for~~	46757
~~carrying out sections 3304.11 to 3304.27 of the Revised Code, the~~	46758
~~"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.~~	46759
~~31, as amended, or other federal statutes pertaining to vocational~~	46760
~~rehabilitation, and to this end, may adopt plans and methods of~~	46761
~~administration found necessary by the federal government for the~~	46762
~~efficient operation of any joint arrangements or the efficient~~	46763
~~application of any federal statutes;~~	46764

~~(4) Upon the designation of the governor, performing~~	46765
~~functions and services for the federal government relating to~~	46766
~~individuals under a physical or mental disability.~~	46767

~~(L) May take any appropriate action necessary to obtain~~	46768
~~federal funds in the maximum amount and most advantageous~~	46769
~~proportion possible;~~	46770

~~(M) May conduct research and demonstration projects,~~	46771
~~including inquiries concerning the causes of blindness and its~~	46772
~~prevention, provide training and instruction, including the~~	46773
~~establishment and maintenance of research fellowships and~~	46774
~~traineeships along with all necessary stipends and allowances,~~	46775
~~disseminate information, and provide technical assistance relating~~	46776
~~to vocational rehabilitation;~~	46777

~~(N) May plan, establish, and operate programs, facilities,~~	46778
~~and services relating to vocational rehabilitation;~~	46779

~~(O) May accept and hold, invest, reinvest, or otherwise use~~	46780
~~gifts made for the purpose of furthering vocational~~	46781
~~rehabilitation;~~	46782

~~(P) May ameliorate the condition of the aged blind or other~~	46783
~~severely disabled individuals by establishing a program of home~~	46784
~~visitation by commission employees for the purpose of instruction;~~	46785

~~(Q) May establish and manage small business enterprises that~~	46786
~~are operated by persons with a substantial handicap to employment,~~	46787
~~including blind persons;~~	46788

~~(R) May purchase from insurance companies licensed to do~~	46789
~~business in this state any insurance deemed necessary by the~~	46790
~~commission for the efficient operation of a suitable vending~~	46791
~~facility as defined in division (A) of section 3304.28 of the~~	46792
~~Revised Code;~~	46793

~~(S) May accept directly from any state agency, and any state~~	46794
~~agency may transfer directly to the commission, surplus computers~~	46795
~~and computer equipment to be used for any purposes the commission~~	46796
~~considers appropriate, notwithstanding sections 125.12 to 125.14~~	46797
~~of the Revised Code~~The employment outcomes achieved by eligible	46798
individuals receiving services under sections 3304.11 to 3304.27	46799
of the Revised Code, including the availability of health and	46800
other employment benefits in connection with those employment	46801
outcomes.	46802

~~Sec. 3304.14.~~ Sec. 3304.15. (A) There is hereby created the	46803
opportunities for Ohioans with disabilities agency. The agency is	46804
the designated state unit authorized under the "Rehabilitation Act	46805
of 1973," 87 Stat. 355, 29 U.S.C. 701, as amended, to provide	46806
vocational rehabilitation to eligible persons with disabilities.	46807

(B) The governor shall appoint an ~~administrator~~executive	46808
director of the ~~rehabilitation services commission~~opportunities	46809
for Ohioans with disabilities agency to serve at the pleasure of	46810
the governor and shall fix the ~~administrator's~~executive	46811
director's compensation. The ~~administrator~~executive director	46812
shall devote the ~~administrator's~~executive director's entire time	46813
to the duties of the ~~administrator's~~executive director's office,	46814
shall hold no other office or position of trust and profit, and	46815
shall engage in no other business during the ~~administrator's~~	46816
executive director's term of office. The governor may grant the	46817
~~administrator~~executive director the authority to appoint, remove,	46818
and discipline without regard to sex, race, creed, color, age, or	46819
national origin, such other professional, administrative, and	46820
clerical staff members as are necessary to carry out the functions	46821
and duties of the ~~commission~~agency.	46822

~~(B)(1)~~The executive director of the opportunities for	46823
Ohioans with disabilities agency is the executive and	46824
administrative officer of the agency. Whenever the Revised Code	46825
imposes a duty on or requires an action of the agency, the	46826
executive director shall perform the duty or action on behalf of	46827
the agency. The executive director may establish procedures for	46828
all of the following:	46829

(1) The governance of the agency;

46830

(2) The conduct of agency employees and officers;

46831

(3) The performance of agency business;

46832

(4) The custody, use, and preservation of agency records,	46833
papers, books, documents, and property.	46834

(C) The ~~administrator~~executive director shall have exclusive	46835
authority to administer the daily operation and provision of	46836
vocational rehabilitation services under this chapter. In	46837
exercising that authority, the executive director may do all of	46838
the following:	46839

(1) Adopt rules in accordance with Chapter 119. of the	46840
Revised Code;	46841

(2) Prepare and submit an annual report to the governor;

46842

(3) Certify any disbursement of funds available to the agency	46843
for vocational rehabilitation activities;	46844

(4) Take appropriate action to guarantee rights of services	46845
to people with disabilities;	46846

(5) Consult with and advise other state agencies and	46847
coordinate programs for persons with disabilities;	46848

(6) Comply with the requirements for match as part of budget	46849
submission;	46850

(7) Establish research and demonstration projects;

46851

(8) Accept, hold, invest, reinvest, or otherwise use gifts to	46852
further vocational rehabilitation;	46853

(9) For the purposes of the business enterprise program	46854
administered under sections 3304.28 to 3304.35 of the Revised	46855
Code:	46856

(a) Establish and manage small business entities owned or	46857
operated by visually impaired persons;	46858

(b) Purchase insurance;

46859

46860

(10) Enter into contracts and other agreements for the	46861
provision of services.	46862

~~(2)~~(D) The ~~administrator~~executive director shall establish a	46863
fee schedule for vocational rehabilitation services in accordance	46864
with 34 C.F.R. 361.50.	46865

~~Sec. 3304.15.~~ Sec. 3304.16. The ~~rehabilitation services commission~~	46866
executive director of the opportunities for Ohioans with	46867
disabilities agency shall establish administrative subdivisions	46868
~~under its control~~ as ~~it determines~~ necessary or appropriate to	46869
carry out ~~its~~the agency's functions and duties, but there shall	46870
be a bureau of services for the visually impaired and a bureau of	46871
vocational rehabilitation, each of which has as its head a deputy	46872
director appointed by the ~~administrator, subject to~~ ~~commission~~	46873
approvalexecutive director. The ~~commission~~executive director	46874
shall prescribe the budgets for the government of each division,	46875
and rules for the conduct of its employees, the performance of its	46876
business, and the custody, use, and preservation of the records,	46877
papers, books, documents, and property pertaining thereto.	46878

Sec. 3304.17. The ~~rehabilitation services commission~~	46879
opportunities for Ohioans with disabilities agency shall provide	46880
vocational rehabilitation services to all eligible ~~handicapped~~	46881
persons with disabilities, including any ~~handicapped~~ person with a	46882
disability who is eligible under the terms of an agreement or	46883
arrangement with another state or with the federal government.	46884

Sec. 3304.18. The treasurer of state shall be the custodian	46885
of all moneys received from the federal government for vocational	46886
rehabilitation programs and shall disburse the money upon the	46887
certification of the ~~rehabilitation services commission~~executive	46888
director of the opportunities for Ohioans with disabilities	46889
agency. If federal funds are not available to the state for	46890
vocational rehabilitation purposes, the governor shall include as	46891
part of ~~his~~the governor's biennial budget request to the general	46892
assembly a request for funds sufficient to support the activities	46893
of the ~~commission~~agency.	46894

Sec. 3304.181. If the total of all funds available from	46895
nonfederal sources to support the activities of the ~~rehabilitation~~	46896
~~services commission~~opportunities for Ohioans with disabilities	46897
agency does not comply with the expenditure requirements of 34	46898
C.F.R. 361.60 and 361.62 for those activities or would cause the	46899
state to lose an allotment or fail to receive a reallotment under	46900
34 C.F.R. 361.65, the ~~commission~~agency may solicit additional	46901
funds from, and enter into agreements for the use of those funds	46902
with, private or public entities, including local government	46903
entities of this state. The ~~commission~~agency may continue to	46904
solicit additional funds and enter into agreements until the total	46905
funding available is sufficient for the ~~commission~~agency to	46906
receive federal funds at the maximum amount and in the most	46907
advantageous proportion possible.	46908

Any agreement entered into between the ~~commission~~agency and	46909
a private or public entity to provide funds under this section	46910
shall be in accordance with 34 C.F.R. 361.28 and section 3304.182	46911
of the Revised Code.	46912

Sec. 3304.182. Any agreement between the ~~rehabilitation~~	46913
~~services commission~~opportunities for Ohioans with disabilities	46914
agency and a private or public entity providing funds under	46915
section 3304.181 of the Revised Code may permit the ~~commission~~	46916
agency to receive a specified percentage of the funds, but the	46917
percentage shall be not more than twenty-five per cent of the	46918
total funds available under the agreement. The ~~commission~~agency	46919
may terminate an agreement at any time for just cause. It may	46920
terminate an agreement for any other reason by giving at least	46921
thirty days' notice to the public or private entity.	46922

Any services provided under an agreement entered into under	46923
section 3304.181 of the Revised Code shall be provided by a person	46924
or government entity that meets the accreditation standards	46925
established in rules adopted by the ~~commission~~agency under	46926
section ~~3304.16~~3304.15 of the Revised Code.	46927

Sec. 3304.19. The right of a ~~handicapped~~ person with a	46928
disability to living maintenance under sections 3304.11 to	46929
3304.27~~, inclusive,~~ of the Revised Code, is not transferable or	46930
assignable at law or in equity, and none of the money paid or	46931
payable or rights existing under this ~~act~~chapter are subject to	46932
execution, levy, attachment, garnishment, or other legal process,	46933
or to the operation of any bankruptcy or insolvency law.	46934

Sec. 3304.20. Any person applying for or receiving	46935
vocational rehabilitation services who is dissatisfied with regard	46936
to the furnishing or denial of services, may file a request for an	46937
administrative review and redetermination of that action in	46938
accordance with rules of the ~~rehabilitation services commission~~	46939
opportunities for Ohioans with disabilities agency. When the	46940
person is dissatisfied with the finding of this administrative	46941
review, hethe person is entitled, in accordance with ~~commission~~	46942
agency rules and in accordance with Chapter 119. of the Revised	46943
Code, to a fair hearing before the ~~administrator~~executive	46944
director of the ~~rehabilitation services commission~~agency.	46945

Sec. 3304.21. No person shall, except for the purposes of	46946
sections 3304.11 to 3304.27~~, inclusive,~~ of the Revised Code, and	46947
in accordance with the rules established by the ~~rehabilitation~~	46948
~~services commission~~opportunities for Ohioans with disabilities	46949
agency, solicit, disclose, receive, make use of, authorize,	46950
knowingly permit, participate in, or acquiesce in the use of any	46951
list of names or information concerning persons applying for or	46952
receiving any services from the ~~commission~~agency, which	46953
information is directly or indirectly derived from the records of	46954
the agency or is acquired in the performance of the person's	46955
official duties.	46956

Sec. 3304.22. No officer or employee of the ~~rehabilitation~~	46957
~~services~~opportunities for Ohioans with disabilities commission,	46958
the opportunities for Ohioans with disabilities agency, or any	46959
person engaged in the administration of a vocational	46960
rehabilitation program sponsored by or affiliated with the state	46961
shall use or permit the use of any vocational rehabilitation	46962
program for the purpose of interfering with an election for any	46963
partisan political purpose; solicit or receive money for a	46964
partisan political purpose; or require any other person to	46965
contribute any service or money for a partisan political purpose.	46966
Whoever violates this section shall be removed from ~~his~~the	46967
officer's or employee's office or employment.	46968

Sec. 3304.25. The members of the ~~bureau~~consumer advisory	46969
~~committees~~committee appointed under section 3304.14 of the	46970
Revised Code shall receive no compensation for their services	46971
except their actual and necessary traveling and other expenses	46972
incurred in the performance of their official duties, which shall	46973
first be approved by the ~~administrator~~executive director of the	46974
~~rehabilitation services commission~~opportunities for Ohioans with	46975
disabilities agency.	46976

Sec. 3304.27. All vocational rehabilitation services made	46977
available under sections 3304.11 to 3304.27~~, inclusive,~~ of the	46978
Revised Code, are made available subject to amendment or repeal of	46979
those sections ~~3304.11 to 3304.27, inclusive, of the Revised Code~~,	46980
and no ~~disabled~~ person with a disability shall have any claim by	46981
reason of ~~his~~the person's vocational rehabilitation being	46982
affected in any way by such an amendment or repeal.	46983

Sec. 3304.28. As used in sections 3304.28 to 3304.34 of the	46984
Revised Code:	46985

(A) "Suitable vending facility" means automatic vending	46986
machines, cafeterias, snack bars, cart service shelters, counters,	46987
and other appropriate auxiliary food service equipment determined	46988
to be necessary by the bureau of services for the visually	46989
impaired for the automatic or manual dispensing of foods,	46990
beverages, and other such commodities for sale by persons, no	46991
fewer than one-half of whom are blind, under the supervision of a	46992
licensed blind vendor or an employee of the ~~commission~~	46993
opportunities for Ohioans with disabilities agency.	46994

(B) "Blind" means either of the following:

46995

(1) Vision twenty/two hundred or less in the better eye with	46996
proper correction;	46997

(2) Field defect in the better eye with proper correction	46998
~~which~~that contracts the peripheral field so that the diameter of	46999
the visual field subtends an angle no greater than twenty degrees.	47000

(C) "Governmental property" means any real property,	47001
building, or facility owned, leased, or rented by the state or any	47002
board, commission, department, division, or other unit or agency	47003
thereof, but does not include any institution under the management	47004
of the department of rehabilitation and correction pursuant to	47005
section 5120.05 of the Revised Code, or under the management of	47006
the department of youth services created pursuant to section	47007
5139.01 of the Revised Code.	47008

Sec. 3304.41. The ~~rehabilitation services commission~~	47009
opportunities for Ohioans with disabilities agency shall establish	47010
and administer a program for the use of funds appropriated for	47011
that purpose to provide personal care assistance to enable	47012
eligible severely physically disabled persons to live	47013
independently or work, shall adopt rules in accordance with	47014
Chapter 119. of the Revised Code as necessary to carry out the	47015
purposes of this section, and shall apply to the controlling board	47016
for the release of the funds.	47017

Sec. 3305.03. (A) The Ohio board of regents shall designate	47018
the entities that are eligible to provide investment options under	47019
alternative retirement plans maintained by public institutions of	47020
higher education. The board shall accept and review applications	47021
from entities seeking designation as a vendor. The board shall not	47022
designate an entity as a vendor unless the entity meets the	47023
requirements described in division (B) of this section.	47024

(B) To be eligible for designation as a vendor, an entity	47025
must meet both of the following requirements:	47026

(1) The entity must be authorized to conduct business in this	47027
state with regard to the investment options to be offered under an	47028
alternative retirement plan maintained by a public institution of	47029
higher education.	47030

(2) The entity must ~~offer~~meet one of the following	47031
requirements:	47032

(a) Have provided investment options for not less than ten	47033
years under alternative retirement plans maintained by public	47034
institutions of higher education in this state;	47035

(b) Offer the same or similar investment options under	47036
alternative retirement plans, optional retirement plans, or	47037
similar types of plans with respect to which all of the following	47038
apply:	47039

~~(a)~~(i) The plans are defined contribution plans that are	47040
qualified plans under Internal Revenue Code 401(a) or 403(b).	47041

~~(b)~~(ii) The plans are maintained by institutions of higher	47042
education in at least ten other states.	47043

~~(c)~~(iii) The plans are established as primary retirement	47044
plans that are alternatives to or a component of the applicable	47045
state retirement system.	47046

(C) In determining whether to designate an entity as a	47047
vendor, the board of regents shall identify, consider, and	47048
evaluate all of the following:	47049

(1) The experience of the entity in providing in this state	47050
or other states investment options under alternative retirement	47051
plans, optional retirement plans, or similar types of plans that	47052
meet the requirements of division (B)(2)(a) or (b) of this	47053
section, as applicable;	47054

(2) The potential effectiveness of the entity in recruiting	47055
eligible employees to select that entity for purposes of	47056
participating in an alternative retirement plan and in retaining	47057
those employees' accounts;	47058

(3) Whether the entity intends to offer a broad range of	47059
investment options to the electing employees;	47060

(4) The suitability of the investment options to the needs	47061
and interests of the electing employees and their beneficiaries;	47062

(5) The capability of the entity to offer sufficient	47063
information to the electing employees and their beneficiaries to	47064
make informed decisions with regard to investment options offered	47065
by the entity;	47066

(6) The capability of the entity to perform in a manner that	47067
is in the best interests of the electing employees and their	47068
beneficiaries;	47069

(7) The fees and expenses associated with the entity's	47070
investment options and the manner in which the entity intends to	47071
disclose those fees and expenses;	47072

(8) The rights and benefits to be provided under the	47073
investment options;	47074

(9) The capability of the entity to provide the rights and	47075
benefits under the investment options;	47076

(10) Comments submitted by a public institution of higher	47077
education under section 3305.031 of the Revised Code;	47078

(11) Any other matters the board of regents considers	47079
relevant.	47080

(D) The board of regents shall conduct periodic reviews of	47081
each entity designated as a vendor and the investment options	47082
being offered to ensure that the requirements and purposes of this	47083
chapter are being met. The reviews of a vendor shall occur not	47084
less frequently than once every three years.	47085

If it finds that the vendor is not in compliance with the	47086
requirements of this chapter or the vendor is not satisfactorily	47087
meeting the purposes of this chapter, the board shall rescind the	47088
vendor's designation.	47089

(E) Notwithstanding sections 125.01 to 125.11 of the Revised	47090
Code, designation of a vendor or the execution of any agreement	47091
under this chapter is not subject to competitive bidding under	47092
those sections.	47093

Sec. 3307.51. (A) The state teachers retirement board shall	47094
have prepared annually by or under the supervision of an actuary	47095
an actuarial valuation of the pension assets, liabilities, and	47096
funding requirements of the STRS defined benefit plan. The actuary	47097
shall complete the valuation in accordance with actuarial	47098
standards of practice promulgated by the actuarial standards board	47099
of the American academy of actuaries and prepare a report of the	47100
valuation. The report shall include all of the following:	47101

(1) A summary of the benefit provisions evaluated;

47102

(2) A summary of the census data and financial information	47103
used in the valuation;	47104

(3) A description of the actuarial assumptions, actuarial	47105
cost method, and asset valuation method used in the valuation,	47106
including a statement of the assumed rate of payroll growth and	47107
assumed rate of growth or decline in the number of members	47108
contributing to the retirement system;	47109

(4) A summary of findings that includes a statement of the	47110
actuarial accrued pension liabilities and unfunded actuarial	47111
accrued pension liabilities;	47112

(5) A schedule showing the effect of any changes in the	47113
benefit provisions, actuarial assumptions, or cost methods since	47114
the last annual actuarial valuation;	47115

(6) A statement of whether contributions to the retirement	47116
system are expected to be sufficient to satisfy the funding	47117
objectives established by the board.	47118

The board shall submit the report to the Ohio retirement	47119
study council, the director of budget and management, and the	47120
standing committees of the house of representatives and the senate	47121
with primary responsibility for retirement legislation immediately	47122
upon its availability and not later than the first day of January	47123
following the year for which the valuation was made.	47124

(B) At such times as the state teachers retirement board	47125
determines, and at least once in each quinquennial period, the	47126
board shall have prepared by or under the supervision of an	47127
actuary an actuarial investigation of the mortality, service, and	47128
other experience of the members, retirants, and beneficiaries of	47129
the system, and other system retirants as defined in section	47130
3307.35 of the Revised Code to update the actuarial assumptions	47131
used in the actuarial valuation required by division (A) of this	47132
section. The actuary shall prepare a report of the actuarial	47133
investigation. The report shall be prepared and any recommended	47134
changes in actuarial assumptions shall be made in accordance with	47135
the actuarial standards of practice promulgated by the actuarial	47136
standards board of the American academy of actuaries. The report	47137
shall include all of the following:	47138

(1) A summary of relevant decrement and economic assumption	47139
experience observed over the period of the investigation;	47140

(2) Recommended changes in actuarial assumptions to be used	47141
in subsequent actuarial valuations required by division (A) of	47142
this section;	47143

(3) A measurement of the financial effect of the recommended	47144
changes in actuarial assumptions.	47145

The board shall submit the report to the Ohio retirement	47146
study council and the standing committees of the house of	47147
representatives and the senate with primary responsibility for	47148
retirement legislation not later than the first day of May	47149
following the last fiscal year of the period the report covers.	47150

(C) The board may at any time request the actuary to make any	47151
other studies or actuarial valuations to determine the adequacy of	47152
the normal and deficiency rates of contribution provided by	47153
section 3307.28 of the Revised Code, and those rates may be	47154
adjusted by the board, as recommended by the actuary, effective as	47155
of the first of any year thereafter.	47156

(D) The board shall have prepared by or under the supervision	47157
of an actuary an actuarial analysis of any introduced legislation	47158
expected to have a measurable financial impact on the retirement	47159
system. The actuarial analysis shall be completed in accordance	47160
with the actuarial standards of practice promulgated by the	47161
actuarial standards board of the American academy of actuaries.	47162
The actuary shall prepare a report of the actuarial analysis,	47163
which shall include all of the following:	47164

(1) A summary of the statutory changes that are being	47165
evaluated;	47166

(2) A description of or reference to the actuarial	47167
assumptions and actuarial cost method used in the report;	47168

(3) A description of the participant group or groups included	47169
in the report;	47170

(4) A statement of the financial impact of the legislation,	47171
including the resulting increase, if any, in the employer normal	47172
cost percentage; the increase, if any, in actuarial accrued	47173
liabilities; and the per cent of payroll that would be required to	47174
amortize the increase in actuarial accrued liabilities as a level	47175
per cent of covered payroll for all active members over a period	47176
not to exceed thirty years;	47177

(5) A statement of whether the scheduled contributions to the	47178
system after the proposed change is enacted are expected to be	47179
sufficient to satisfy the funding objectives established by the	47180
board.	47181

Not later than sixty days from the date of introduction of	47182
the legislation, the board shall submit a copy of the actuarial	47183
analysis to the legislative service commission, the standing	47184
committees of the house of representatives and the senate with	47185
primary responsibility for retirement legislation, and the Ohio	47186
retirement study council.	47187

(E) The board shall have prepared annually a report giving a	47188
full accounting of the revenues and costs relating to the	47189
provision of benefits under section 3307.39 of the Revised Code.	47190
The report shall be made as of June 30, 1997, and the thirtieth	47191
day of June of each year thereafter. The report shall include the	47192
following:	47193

(1) A description of the statutory authority for the benefits	47194
provided;	47195

(2) A summary of the benefits;

47196

(3) A summary of the eligibility requirements for the	47197
benefits;	47198

(4) A statement of the number of participants eligible for	47199
the benefits;	47200

(5) A description of the accounting, asset valuation, and	47201
funding method used to provide the benefits;	47202

(6) A statement of the net assets available for the	47203
provisions of benefits as of the last day of the fiscal year;	47204

(7) A statement of any changes in the net assets available	47205
for the provision of benefits, including participant and employer	47206
contributions, net investment income, administrative expenses, and	47207
benefits provided to participants, as of the last day of the	47208
fiscal year;	47209

(8) For the last six consecutive fiscal years, a schedule of	47210
the net assets available for the benefits, the annual cost of	47211
benefits, administrative expenses incurred, and annual employer	47212
contributions allocated for the provision of benefits;	47213

(9) A description of any significant changes that affect the	47214
comparability of the report required under this division;	47215

(10) A statement of the amount paid under division (B) of	47216
section 3307.39 of the Revised Code.	47217

The board shall submit the report to the Ohio retirement	47218
study council, the director of budget and management, and the	47219
standing committees of the house of representatives and the senate	47220
with primary responsibility for retirement legislation immediately	47221
upon its availability and not later than the thirty-first day of	47222
December following the year for which the report was made.	47223

Sec. 3309.21. (A) The school employees retirement board	47224
shall have prepared annually by or under the supervision of an	47225
actuary an actuarial valuation of the pension assets, liabilities,	47226
and funding requirements of the school employees retirement system	47227
as established pursuant to this chapter. The actuary shall	47228
complete the valuation in accordance with actuarial standards of	47229
practice promulgated by the actuarial standards board of the	47230
American academy of actuaries and prepare a report of the	47231
valuation. The report shall include all of the following:	47232

(1) A summary of the benefit provisions evaluated;

47233

(2) A summary of the census data and financial information	47234
used in the valuation;	47235

(3) A description of the actuarial assumptions, actuarial	47236
cost method, and asset valuation method used in the valuation,	47237
including a statement of the assumed rate of payroll growth and	47238
assumed rate of growth or decline in the number of members	47239
contributing to the retirement system;	47240

(4) A summary of findings that includes a statement of the	47241
actuarial accrued pension liabilities and unfunded actuarial	47242
accrued pension liabilities;	47243

(5) A schedule showing the effect of any changes in the	47244
benefit provisions, actuarial assumptions, or cost methods since	47245
the last annual actuarial valuation;	47246

(6) A statement of whether contributions to the retirement	47247
system are expected to be sufficient to satisfy the funding	47248
objectives established by the board.	47249

The board shall submit the report to the Ohio retirement	47250
study council, the director of budget and management, and the	47251
standing committees of the house of representatives and the senate	47252
with primary responsibility for retirement legislation immediately	47253
upon its availability and not later than the first day of May	47254
following the year for which the valuation was made.	47255

(B) At such times as the school employees retirement board	47256
determines, and at least once in each quinquennial period, the	47257
board shall have prepared by or under the supervision of an	47258
actuary an actuarial investigation of the mortality, service, and	47259
other experience of the members, retirants, and beneficiaries of	47260
the retirement system, and SERS retirants and other system	47261
retirants as defined in section 3309.341 of the Revised Code to	47262
update the actuarial assumptions used in the actuarial valuation	47263
required by division (A) of this section. The actuary shall	47264
prepare a report of the actuarial investigation. The report shall	47265
be prepared and any recommended changes in actuarial assumptions	47266
shall be made in accordance with the actuarial standards of	47267
practice promulgated by the actuarial standards board of the	47268
American academy of actuaries. The report shall include all of the	47269
following:	47270

(1) A summary of relevant decrement and economic assumption	47271
experience observed over the period of the investigation;	47272

(2) Recommended changes in actuarial assumptions to be used	47273
in subsequent actuarial valuations required by division (A) of	47274
this section;	47275

(3) A measurement of the financial effect of the recommended	47276
changes in actuarial assumptions.	47277

The board shall submit the report to the Ohio retirement	47278
study council and the standing committees of the house of	47279
representatives and the senate with primary responsibility for	47280
retirement legislation not later than the first day of May	47281
following the last fiscal year of the period the report covers.	47282

(C) The board may at any time request the actuary to make any	47283
studies or actuarial valuations to determine the adequacy of the	47284
rates of contribution as provided by section 3309.49 of the	47285
Revised Code, and those rates may be adjusted by the board, as	47286
recommended by the actuary, effective as of the first of any year	47287
thereafter.	47288

(D) The board shall have prepared by or under the supervision	47289
of an actuary an actuarial analysis of any introduced legislation	47290
expected to have a measurable financial impact on the retirement	47291
system. The actuarial analysis shall be completed in accordance	47292
with the actuarial standards of practice promulgated by the	47293
actuarial standards board of the American academy of actuaries.	47294
The actuary shall prepare a report of the actuarial analysis,	47295
which shall include all of the following:	47296

(1) A summary of the statutory changes that are being	47297
evaluated;	47298

(2) A description of or reference to the actuarial	47299
assumptions and actuarial cost method used in the report;	47300

(3) A description of the participant group or groups included	47301
in the report;	47302

(4) A statement of the financial impact of the legislation,	47303
including the resulting increase, if any, in the employer normal	47304
cost percentage; the increase, if any, in actuarial accrued	47305
liabilities; and the per cent of payroll that would be required to	47306
amortize the increase in actuarial accrued liabilities as a level	47307
per cent of covered payroll for all active members over a period	47308
not to exceed thirty years;	47309

(5) A statement of whether the scheduled contributions to the	47310
system after the proposed change is enacted are expected to be	47311
sufficient to satisfy the funding objectives established by the	47312
board.	47313

Not later than sixty days from the date of introduction of	47314
the legislation, the board shall submit a copy of the actuarial	47315
analysis to the legislative service commission, the standing	47316
committees of the house of representatives and the senate with	47317
primary responsibility for retirement legislation, and the Ohio	47318
retirement study council.	47319

(E) The board shall have prepared annually a report giving a	47320
full accounting of the revenues and costs relating to the	47321
provision of benefits under sections 3309.375 and 3309.69 of the	47322
Revised Code. The report shall be made as of June 30, 1997, and	47323
the thirtieth day of June of each year thereafter. The report	47324
shall include the following:	47325

(1) A description of the statutory authority for the benefits	47326
provided;	47327

(2) A summary of the benefits;

47328

(3) A summary of the eligibility requirements for the	47329
benefits;	47330

(4) A statement of the number of participants eligible for	47331
the benefits;	47332

(5) A description of the accounting, asset valuation, and	47333
funding method used to provide the benefits;	47334

(6) A statement of the net assets available for the provision	47335
of the benefits as of the last day of the fiscal year;	47336

(7) A statement of any changes in the net assets available	47337
for the provision of benefits, including participant and employer	47338
contributions, net investment income, administrative expenses, and	47339
benefits provided to participants, as of the last day of the	47340
fiscal year;	47341

(8) For the last six consecutive fiscal years, a schedule of	47342
the net assets available for the benefits, the annual cost of	47343
benefits, administrative expenses incurred, and annual employer	47344
contributions allocated for the provision of benefits;	47345

(9) A description of any significant changes that affect the	47346
comparability of the report required under this division;	47347

(10) A statement of the amount paid under division (E) of	47348
section 3309.69 of the Revised Code.	47349

The board shall submit the report to the Ohio retirement	47350
study council, the director of budget and management, and the	47351
standing committees of the house of representatives and the senate	47352
with primary responsibility for retirement legislation immediately	47353
upon its availability and not later than the thirty-first day of	47354
December following the year for which the report was made.	47355

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	47356
Revised Code:	47357

(A) "Chartered nonpublic school" means a nonpublic school	47358
that holds a valid charter issued by the state board of education	47359
under section 3301.16 of the Revised Code and meets the standards	47360
established for such schools in rules adopted by the state board.	47361

(B) An "eligible student" is a student who satisfies the	47362
conditions specified in section 3310.03 or 3310.032 of the Revised	47363
Code.	47364

(C) "Parent" has the same meaning as in section 3313.98 of	47365
the Revised Code.	47366

(D) "Resident district" means the school district in which a	47367
student is entitled to attend school under section 3313.64 or	47368
3313.65 of the Revised Code.	47369

(E) "School year" has the same meaning as in section 3313.62	47370
of the Revised Code.	47371

Sec. 3310.02. (A) The educational choice scholarship pilot	47372
program is hereby established. Under the program, the department	47373
of education annually shall pay scholarships to attend chartered	47374
nonpublic schools in accordance with section 3310.08 of the	47375
Revised Code for up to the following number of eligible students:	47376

(1) Thirty thousand in the 2011-2012 school year;

47377

(2) Sixty thousand in the 2012-2013 school year and	47378
thereafter.	47379

(B) If the number of students who apply for a scholarship	47380
exceeds the number of scholarships available under division (A) of	47381
this section for the applicable school year, the department shall	47382
award scholarships in the following order of priority:	47383

(1) First, to eligible students who received scholarships in	47384
the prior school year;	47385

(2) Second, to eligible students with family incomes at or	47386
below two hundred per cent of the federal poverty guidelines, as	47387
defined in section 5101.46 of the Revised Code, who qualify under	47388
division (A) of section 3310.03 of the Revised Code. If the number	47389
of students described in division (B)(2) of this section who apply	47390
for a scholarship exceeds the number of available scholarships	47391
after awards are made under division (B)(1) of this section, the	47392
department shall select students described in division (B)(2) of	47393
this section by lot to receive any remaining scholarships.	47394

(3) Third, to other eligible students who qualify under	47395
division (A) of section 3310.03 of the Revised Code. If the number	47396
of students described in division (B)(3) of this section who apply	47397
for a scholarship exceeds the number of available scholarships	47398
after awards are made under divisions (B)(1) and (2) of this	47399
section, the department shall select students described in	47400
division (B)(3) of this section by lot to receive any remaining	47401
scholarships.	47402

(4) Fourth, to eligible students with family incomes at or	47403
below two hundred per cent of the federal poverty guidelines who	47404
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	47405
Code. If the number of students described in division (B)(4) of	47406
this section who apply for a scholarship exceeds the number of	47407
available scholarships after awards are made under divisions	47408
(B)(1) to (3) of this section, the department shall select	47409
students described in division (B)(4) of this section by lot to	47410
receive any remaining scholarships.	47411

(5) Fifth, to other eligible students who qualify under	47412
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	47413
number of students described in division (B)(5) of this section	47414
who apply for a scholarship exceeds the number of available	47415
scholarships after awards are made under divisions (B)(1) to (4)	47416
of this section, the department shall select students described in	47417
division (B)(5) of this section by lot to receive any remaining	47418
scholarships.	47419

(6) Sixth, to eligible students with family incomes at or	47420
below two hundred per cent of the federal poverty guidelines who	47421
qualify under division (B) of section 3310.03 of the Revised Code.	47422
If the number of students described in division (B)(6) of this	47423
section who apply for a scholarship exceeds the number of	47424
available scholarships after awards are made under divisions	47425
(B)(1) to (5) of this section, the department shall select	47426
students described in division (B)(6) of this section by lot to	47427
receive any remaining scholarships.	47428

(7) Seventh, to other eligible students who qualify under	47429
division (B) of section 3310.03 of the Revised Code. If the number	47430
of students described in division (B)(7) of this section who apply	47431
for a scholarship exceeds the number of available scholarships	47432
after awards are made under divisions (B)(1) to (6) of this	47433
section, the department shall select students described in	47434
division (B)(7) of this section by lot to receive any remaining	47435
scholarships.	47436

Sec. 3310.03. A student is an "eligible student" for	47437
purposes of the educational choice scholarship pilot program if	47438
the student's resident district is not a school district in which	47439
the pilot project scholarship program is operating under sections	47440
3313.974 to 3313.979 of the Revised Code and the student satisfies	47441
one of the conditions in division (A), (B), or (C), or (D) of this	47442
section:	47443

(A)(1) The student is enrolled in a school building operated	47444
by the student's resident district that, on the report card issued	47445
under section 3302.03 of the Revised Code published prior to the	47446
first day of July of the school year for which a scholarship is	47447
sought, did not receive a rating as described in division ~~(G)~~(H)	47448
of this section, and to which any or a combination of any of the	47449
following apply for two of the three most recent report cards	47450
published prior to the first day of July of the school year for	47451
which a scholarship is sought:	47452

(a) The building was declared to be in a state of academic	47453
emergency or academic watch under section 3302.03 of the Revised	47454
Code as that section existed prior to ~~the effective date of this~~	47455
~~amendment~~March 22, 2013.	47456

(b) The building received a grade of "D" or "F" for the	47457
performance index score under division (A)(1)(b) or (B)(1)(b) of	47458
section 3302.03 of the Revised Code and for the value-added	47459
progress dimension under division (A)(1)(e) or (B)(1)(e) of	47460
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	47461
school year, or both; or if the building serves only grades ten	47462
through twelve, the building received a grade of "D" or "F" for	47463
the performance index score under division (A)(1)(b) or (B)(1)(b)	47464
of section 3302.03 of the Revised Code and had a four-year	47465
adjusted cohort graduation rate of less than seventy-five per	47466
cent.	47467

(c) The building received an overall grade of "D" or "F"	47468
under division (C)(3) of section 3302.03 of the Revised Code or a	47469
grade of "F" for the value-added progress dimension under division	47470
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	47471
school year or any school year thereafter.	47472

(2) The student ~~is eligible to enroll in kindergarten~~will be	47473
enrolling in school in this state for the first time in the school	47474
year for which a scholarship is sought and otherwise would be	47475
assigned under section 3319.01 of the Revised Code, in the school	47476
year for which a scholarship is sought, to a school building	47477
described in division (A)(1) of this section.	47478

(3) The student is enrolled in a community school established	47479
under Chapter 3314. of the Revised Code but otherwise would be	47480
assigned under section 3319.01 of the Revised Code to a building	47481
described in division (A)(1) of this section.	47482

(4) The student is enrolled in a school building operated by	47483
the student's resident district or in a community school	47484
established under Chapter 3314. of the Revised Code and otherwise	47485
would be assigned under section 3319.01 of the Revised Code to a	47486
school building described in division (A)(1) of this section in	47487
the school year for which the scholarship is sought.	47488

(5) The student ~~is eligible to enroll in kindergarten~~will be	47489
enrolling in school in this state for the first time in the school	47490
year for which a scholarship is sought, or is enrolled in a	47491
community school established under Chapter 3314. of the Revised	47492
Code, and all of the following apply to the student's resident	47493
district:	47494

(a) The district has in force an intradistrict open	47495
enrollment policy under which no student in ~~kindergarten or~~ the	47496
~~community school~~ student's grade level~~, respectively,~~ is	47497
automatically assigned to a particular school building;	47498

(b) In the most recent rating published prior to the first	47499
day of July of the school year for which scholarship is sought,	47500
the district did not receive a rating described in division ~~(G)~~(H)	47501
of this section, and in at least two of the three most recent	47502
report cards published prior to the first day of July of that	47503
school year, any or a combination of the following apply to the	47504
district:	47505

(i) The district was declared to be in a state of academic	47506
emergency under section 3302.03 of the Revised Code as it existed	47507
prior to ~~the effective date of this amendment~~March 22, 2013.	47508

(ii) The district received a grade of "D" or "F" for the	47509
performance index score under division (A)(1)(b) or (B)(1)(b) of	47510
section 3302.03 of the Revised Code and for the value-added	47511
progress dimension under division (A)(1)(e) or (B)(1)(e) of	47512
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	47513
school year, or both.	47514

(c) The district received an overall grade of "D" or "F"	47515
under division (C)(3) of section 3302.03 of the Revised Code or a	47516
grade of "F" for the value-added progress dimension under division	47517
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	47518
school year or any school year thereafter.	47519

(B)(1) The student is enrolled in a school building operated	47520
by the student's resident district and to which both of the	47521
following apply:	47522

(a) The building was ranked, for at least two of the three	47523
most recent rankings published under section 3302.21 of the	47524
Revised Code prior to the first day of July of the school year for	47525
which a scholarship is sought, in the lowest ten per cent of all	47526
public school buildings according to performance index score under	47527
section 3302.21 of the Revised Code.	47528

(b) The building was not declared to be excellent or	47529
effective, or the equivalent of such ratings as determined by the	47530
department of education, under section 3302.03 of the Revised Code	47531
in the most recent rating published prior to the first day of July	47532
of the school year for which a scholarship is sought.	47533

(2) The student ~~is eligible to enroll in kindergarten~~will be	47534
enrolling in school in this state for the first time in the school	47535
year for which a scholarship is sought and otherwise would be	47536
assigned under section 3319.01 of the Revised Code, in the school	47537
year for which a scholarship is sought, to a school building	47538
described in division (B)(1) of this section.	47539

(3) The student is enrolled in a community school established	47540
under Chapter 3314. of the Revised Code but otherwise would be	47541
assigned under section 3319.01 of the Revised Code to a building	47542
described in division (B)(1) of this section.	47543

(4) The student is enrolled in a school building operated by	47544
the student's resident district or in a community school	47545
established under Chapter 3314. of the Revised Code and otherwise	47546
would be assigned under section 3319.01 of the Revised Code to a	47547
school building described in division (B)(1) of this section in	47548
the school year for which the scholarship is sought.	47549

(C) The student is enrolled in a nonpublic school at the time	47550
the school is granted a charter by the state board of education	47551
under section 3301.16 of the Revised Code and the student meets	47552
the standards of division (B) of section 3310.031 of the Revised	47553
Code.	47554

(D) For the 2016-2017 school year and each school year	47555
thereafter, the student is in any of grades kindergarten through	47556
three, is enrolled in a school building that is operated by the	47557
student's resident district or will be enrolling in school in this	47558
state for the first time in the school year for which a	47559
scholarship is sought, and to which both of the following apply:	47560

(1) The building, in at least two of the three most recent	47561
ratings of school buildings published prior to the first day of	47562
July of the school year for which a scholarship is sought,	47563
received a grade of "D" or "F" for making progress in improving	47564
literacy in grades kindergarten through three under division	47565
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	47566

(2) The building did not receive a grade of "A" for making	47567
progress in improving literacy in grades kindergarten through	47568
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	47569
the Revised Code in the most recent rating published prior to the	47570
first day of July of the school year for which a scholarship is	47571
sought.	47572

(E) A student who receives a scholarship under the	47573
educational choice scholarship pilot program remains an eligible	47574
student and may continue to receive scholarships in subsequent	47575
school years until the student completes grade twelve, so long as	47576
all of the following apply:	47577

(1) The student's resident district remains the same, or the	47578
student transfers to a new resident district and otherwise would	47579
be assigned in the new resident district to a school building	47580
described in division (A)(1) or, (B)(1), or (D) of this section;	47581

(2) The student takes each assessment prescribed for the	47582
student's grade level under section 3301.0710 or 3301.0712 of the	47583
Revised Code while enrolled in a chartered nonpublic school;	47584

(3) In each school year that the student is enrolled in a	47585
chartered nonpublic school, the student is absent from school for	47586
not more than twenty days that the school is open for instruction,	47587
not including excused absences.	47588

~~(E)~~(F)(1) The department shall cease awarding first-time	47589
scholarships pursuant to divisions (A)(1) to (4) of this section	47590
with respect to a school building that, in the most recent ratings	47591
of school buildings published under section 3302.03 of the Revised	47592
Code prior to the first day of July of the school year, ceases to	47593
meet the criteria in division (A)(1) of this section. The	47594
department shall cease awarding first-time scholarships pursuant	47595
to division (A)(5) of this section with respect to a school	47596
district that, in the most recent ratings of school districts	47597
published under section 3302.03 of the Revised Code prior to the	47598
first day of July of the school year, ceases to meet the criteria	47599
in division (A)(5) of this section.	47600

(2) The department shall cease awarding first-time	47601
scholarships pursuant to divisions (B)(1) to (4) of this section	47602
with respect to a school building that, in the most recent ratings	47603
of school buildings under section 3302.03 of the Revised Code	47604
prior to the first day of July of the school year, ceases to meet	47605
the criteria in division (B)(1) of this section.	47606

(3) The department shall cease awarding first-time	47607
scholarships pursuant to division (D) of this section with respect	47608
to a school building that, in the most recent ratings of school	47609
buildings under section 3302.03 of the Revised Code prior to the	47610
first day of July of the school year, ceases to meet the criteria	47611
in division (D) of this section.	47612

(4) However, students who have received scholarships in the	47613
prior school year remain eligible students pursuant to division	47614
~~(D)~~(E) of this section.	47615

~~(F)~~(G) The state board of education shall adopt rules	47616
defining excused absences for purposes of division ~~(D)~~(E)(3) of	47617
this section.	47618

~~(G)~~(H)(1) A student who satisfies only the conditions	47619
prescribed in divisions (A)(1) to (4) of this section shall not be	47620
eligible for a scholarship if the student's resident building	47621
meets any of the following in the most recent rating under section	47622
3302.03 of the Revised Code published prior to the first day of	47623
July of the school year for which a scholarship is sought:	47624

(a) The building has an overall designation of excellent or	47625
effective under section 3302.03 of the Revised Code as it existed	47626
prior to ~~the effective date of this amendment~~March 22, 2013.	47627

(b) For the 2012-2013 or 2013-2014 school year or both, the	47628
building has a grade of "A" or "B" for the performance index score	47629
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	47630
Revised Code and for the value-added progress dimension under	47631
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	47632
Code; or if the building serves only grades ten through twelve,	47633
the building received a grade of "A" or "B" for the performance	47634
index score under division (A)(1)(b) or (B)(1)(b) of section	47635
3302.03 of the Revised Code and had a four-year adjusted cohort	47636
graduation rate of greater than or equal to seventy-five per cent.	47637

(c) For the 2014-2015 school year or any school year	47638
thereafter, the building has a grade of "A" or "B" under division	47639
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	47640
for the value-added progress dimension under division (C)(1)(e) of	47641
section 3302.03 of the Revised Code; or if the building serves	47642
only grades ten through twelve, the building received a grade of	47643
"A" or "B" for the performance index score under division	47644
(C)(1)(b) of section 3302.03 of the Revised Code and had a	47645
four-year adjusted cohort graduation rate of greater than or equal	47646
to seventy-five per cent.	47647

(2) A student who satisfies only the conditions prescribed in	47648
division (A)(5) of this section shall not be eligible for a	47649
scholarship if the student's resident district meets any of the	47650
following in the most recent rating under section 3302.03 of the	47651
Revised Code published prior to the first day of July of the	47652
school year for which a scholarship is sought:	47653

(a) The district has an overall designation of excellent or	47654
effective under section 3302.03 of the Revised Code as it existed	47655
prior to ~~the effective date of this amendment~~March 22, 2013.	47656

(b) The district has a grade of "A" or "B" for the	47657
performance index score under division (A)(1)(b) or (B)(1)(b) of	47658
section 3302.03 of the Revised Code and for the value-added	47659
progress dimension under division (A)(1)(e) or (B)(1)(e) of	47660
section 3302.03 of the Revised Code for the 2012-2013 and	47661
2013-2014 school years.	47662

(c) The district has an overall grade of "A" or "B" under	47663
division (C)(3) of section 3302.03 of the Revised Code and a grade	47664
of "A" for the value-added progress dimension under division	47665
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	47666
school year or any school year thereafter.	47667

Sec. 3310.032. (A) A student is an "eligible student" for	47668
purposes of the expansion of the educational choice scholarship	47669
pilot program under this section if the student's resident	47670
district is not a school district in which the pilot project	47671
scholarship program is operating under sections 3313.974 to	47672
3313.979 of the Revised Code, the student is not eligible for an	47673
educational choice scholarship under section 3310.03 of the	47674
Revised Code, and the student's family income is at or below two	47675
hundred per cent of the federal poverty guidelines, as defined in	47676
section 5101.46 of the Revised Code.	47677

(B) In each fiscal year for which the general assembly	47678
appropriates funds for purposes of this section, the department of	47679
education shall pay scholarships to attend chartered nonpublic	47680
schools in accordance with section 3310.08 of the Revised Code.	47681
The number of scholarships awarded under this section shall not	47682
exceed the number that can be funded with appropriations made by	47683
the general assembly for this purpose.	47684

(C) Scholarships under this section shall be awarded as	47685
follows:	47686

(1) For the 2013-2014 school year, to eligible students who	47687
are entering kindergarten in that school year for the first time;	47688

(2) For each subsequent school year, scholarships shall be	47689
awarded to eligible students in the next grade level above the	47690
highest grade level awarded in the preceding school year, in	47691
addition to the grade levels for which students received	47692
scholarships in the preceding school year.	47693

(D) If the number of eligible students who apply for a	47694
scholarship under this section exceeds the scholarships available	47695
based on the appropriation for this section, the department shall	47696
award scholarships in the following order of priority:	47697

(1) First, to eligible students who received scholarships	47698
under this section in the prior school year;	47699

(2) Second, to eligible students with family incomes at or	47700
below one hundred per cent of the federal poverty guidelines. If	47701
the number of students described in division (D)(2) of this	47702
section who apply for a scholarship exceeds the number of	47703
available scholarships after awards are made under division (D)(1)	47704
of this section, the department shall select students described in	47705
division (D)(2) of this section by lot to receive any remaining	47706
scholarships.	47707

(3) Third, to other eligible students who qualify under this	47708
section. If the number of students described in division (D)(3) of	47709
this section exceeds the number of available scholarships after	47710
awards are made under divisions (D)(1) and (2) of this section,	47711
the department shall select students described in division (D)(3)	47712
of this section by lot to receive any remaining scholarships.	47713

(E) A student who receives a scholarship under this section	47714
remains an eligible student and may continue to receive	47715
scholarships under this section in subsequent school years until	47716
the student completes grade twelve, so long as the student	47717
satisfies the conditions specified in divisions (E)(2) and (3) of	47718
section 3310.03 of the Revised Code.	47719

Once a scholarship is awarded under this section, the student	47720
shall remain eligible for that scholarship for the current school	47721
year and subsequent school years even if the student's family	47722
income rises above the amount specified in division (A) of this	47723
section, provided the student remains enrolled in a chartered	47724
nonpublic school.	47725

Sec. 3310.035. (A) A student who is eligible for an	47726
educational choice scholarship under both sections 3310.03 and	47727
3310.032 of the Revised Code, and applies for a scholarship for	47728
the first time after the effective date of this section shall	47729
receive a scholarship under section 3310.03 of the Revised Code.	47730

(B) A student who is eligible under both sections 3310.03 and	47731
3310.032 of the Revised Code and received a scholarship in the	47732
previous school year shall continue to receive the scholarship	47733
under the section from which the student received the scholarship	47734
in the previous school year, so long as:	47735

(1) The number of students who apply for a scholarship does	47736
not exceed the number of scholarships available under division (A)	47737
of section 3310.02 of the Revised Code.	47738

(2) A student who receives a scholarship under section	47739
3310.03 of the Revised Code satisfies with the conditions	47740
specified in divisions (E)(1) to (3) of that section, and a	47741
student who receives a scholarship under section 3310.032	47742
satisfies with the conditions specified in divisions (E)(2) and	47743
(3) of section 3310.03 of the Revised Code.	47744

Sec. 3310.05. A scholarship under the educational choice	47745
scholarship pilot program is not available for any student whose	47746
resident district is a school district in which the pilot project	47747
scholarship program is operating under sections 3313.974 to	47748
3313.979 of the Revised Code. The two pilot programs are separate	47749
and distinct, with differing eligibility criteria. The pilot	47750
project scholarship program operating under sections 3313.974 to	47751
3313.979 of the Revised Code is a district-wide program that may	47752
award scholarships to students who do not attend district schools	47753
that face academic challenges, whereas the educational choice	47754
scholarship pilot program established under sections 3310.01 to	47755
3310.17 of the Revised Code is limited to students of individual	47756
district school buildings that face academic challenges and to	47757
students from low-income families.	47758

Sec. 3310.06. It is the policy adopted by the general	47759
assembly that the educational choice scholarship pilot program	47760
shall be construed as one of several educational options available	47761
for students enrolled in persistently low-performing school	47762
buildings or for students from low-income families. Students may	47763
be enrolled in the schools of the student's resident district, in	47764
a community school established under Chapter 3314. of the Revised	47765
Code, in the schools of another school district pursuant to an	47766
open enrollment policy adopted under section 3313.98 of the	47767
Revised Code, in a chartered nonpublic school with or without a	47768
scholarship under the educational choice scholarship pilot	47769
program, or in other schools as the law may provide.	47770

Sec. 3310.08. (A) The amount paid for an eligible student	47771
under the educational choice scholarship pilot program shall be	47772
the lesser of the tuition of the chartered nonpublic school in	47773
which the student is enrolled or the maximum amount prescribed in	47774
section 3310.09 of the Revised Code.	47775

(B)(1) The department of education shall pay to the parent of	47776
each eligible student for whom a scholarship is awarded under the	47777
program, or to the student if at least eighteen years of age,	47778
periodic partial payments of the scholarship.	47779

(2) The department shall proportionately reduce or terminate	47780
the payments for any student who withdraws from a chartered	47781
nonpublic school prior to the end of the school year.	47782

(C)(1) The department shall deduct from the payments made to	47783
each school district under Chapter 3317., and if necessary,	47784
sections 321.24 and 323.156 of the Revised Code, the amount paid	47785
under division (B) of this section for each eligible student	47786
~~awarded~~who qualifies for a scholarship under ~~the program~~section	47787
3310.03 of the Revised Code and who is entitled under section	47788
3313.64 or 3313.65 of the Revised Code to attend school in the	47789
district. In the case of a student entitled to attend school in a	47790
school district under division (B)(2)(a) of section 3313.64 or	47791
division (C) of section 3313.65 of the Revised Code, the	47792
department shall deduct the payments from the school district that	47793
includes the student in its average daily membership as reported	47794
to the department under section 3317.03 of the Revised Code, as	47795
determined by the department.	47796

(2) If the department reduces or terminates payments to a	47797
parent or a student, as prescribed in division (B)(2) of this	47798
section, and the student enrolls in the schools of the student's	47799
resident district or in a community school, established under	47800
Chapter 3314. of the Revised Code, before the end of the school	47801
year, the department shall proportionally restore to the resident	47802
district the amount deducted for that student under division	47803
(C)(1) of this section.	47804

Sec. 3310.56. (A) The amount of the scholarship awarded and	47805
paid to an eligible applicant for services for a qualified special	47806
education child under the Jon Peterson special needs scholarship	47807
program in each school year shall be the least of the amounts	47808
prescribed in divisions (A)(1), (2), orand (3) of this section,	47809
as follows:	47810

(1) The amount of fees charged for that school year by the	47811
alternative public provider or registered private provider;	47812

(2) The sum of the amounts calculated under divisions	47813
(A)(2)(a) and (b) of this section:	47814

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	47815
~~of the base funding supplements specified in divisions (C)(1) to~~	47816
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	47817

(b) An amount equal to ~~$5,732~~the formula amount times the	47818
following multiple prescribed for the child's disability:	47819

(i) For a student in category one, ~~0.2892~~the multiple	47820
specified in division (A) of section 3317.013 of the Revised Code;	47821

(ii) For a student in category two, ~~0.3691~~the multiple	47822
specified in division (B) of section 3317.013 of the Revised Code;	47823

(iii) For a student in category three, ~~1.7695~~the multiple	47824
specified in division (C) of section 3317.013 of the Revised Code;	47825

(iv) For a student in category four, ~~2.3646~~the multiple	47826
specified in division (D) of section 3317.013 of the Revised Code;	47827

(v) For a student in category five, ~~3.1129~~the multiple	47828
specified in division (E) of section 3317.013 of the Revised Code;	47829

(vi) For a student in category six, ~~4.7342~~the multiple	47830
specified in division (F) of section 3317.013 of the Revised Code.	47831

~~Before applying the multiples specified in divisions~~	47832
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	47833
~~by multiplying them by 0.90.~~	47834

(3) Twenty thousand dollars.

47835

(B) As used in division (A)(2)(b) of this section, a child	47836
with a disability is in:	47837

(1) "Category one" if the ~~child's primary or only identified~~	47838
~~disability is a speech and language disability, as this term is~~	47839
~~defined pursuant to Chapter 3323.~~child is receiving special	47840
education services for a disability specified in division (A) of	47841
section 3317.013 of the Revised Code;	47842

(2) "Category two" if the child is ~~identified as specific~~	47843
~~learning disabled or developmentally disabled, as these terms are~~	47844
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	47845
~~having an other health impairment-minor, as defined in section~~	47846
~~3317.02~~receiving special education services for a disability	47847
specified in division (B) of section 3317.013 of the Revised Code;	47848

(3) "Category three" if the child is ~~identified as vision~~	47849
~~impaired, hearing disabled, or severe behavior disabled, as these~~	47850
~~terms are defined pursuant to Chapter 3323.~~receiving special	47851
education services for a disability specified in division (C) of	47852
section 3317.013 of the Revised Code;	47853

(4) "Category four" if the child is ~~identified as~~	47854
~~orthopedically disabled, as this term is defined pursuant to~~	47855
~~Chapter 3323. of the Revised Code, or as having an other health~~	47856
~~impairment-major, as defined in section 3317.02~~receiving special	47857
education services for a disability specified in division (D) of	47858
section 3317.013 of the Revised Code;	47859

(5) "Category five" if the child is ~~identified as having~~	47860
~~multiple disabilities, as this term is defined pursuant to Chapter~~	47861
~~3323.~~receiving special education services for a disability	47862
specified in division (E) of section 3317.013 of the Revised Code;	47863

(6) "Category six" if the child is ~~identified as autistic,~~	47864
~~having traumatic brain injuries, or both visually and hearing~~	47865
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	47866
receiving special education services for a disability specified in	47867
division (F) of section 3317.013 of the Revised Code.	47868

Sec. 3311.0510. (A) If all of the client school districts of	47869
an educational service center have terminated their agreements	47870
with the service center under division (D) of section 3313.843 of	47871
the Revised Code, upon the latest effective date of the	47872
terminations, the governing board of that service center shall be	47873
abolished and such service center shall be dissolved by order of	47874
the superintendent of public instruction. The superintendent's	47875
order shall provide for the equitable division and disposition of	47876
the assets, property, debts, and obligations of the service center	47877
among the school districts that were client school districts of	47878
the service center for the service center's last fiscal year of	47879
operation. The superintendent's order shall provide that the tax	47880
duplicate of each of those school districts shall be bound for and	47881
assume the district's equitable share of the outstanding	47882
indebtedness of the service center. The superintendent's order is	47883
final and is not appealable.	47884

Immediately upon the abolishment of the service center	47885
governing board pursuant to this section, the superintendent of	47886
public instruction shall appoint a qualified individual to	47887
administer the dissolution of the service center and to implement	47888
the terms of the superintendent's dissolution order.	47889

Prior to distributing assets to any school district under	47890
this section, but after paying in full other debts and obligations	47891
of the service center under this section, the superintendent of	47892
public instruction may assess against the remaining assets of the	47893
service center the amount of the costs incurred by the department	47894
of education in performing the superintendent's duties under this	47895
division, including the fees, if any, owed to the individual	47896
appointed to administer the superintendent's dissolution order.	47897
Any excess cost incurred by the department under this division	47898
shall be divided equitably among the school districts that were	47899
client school districts of the service center for the service	47900
center's last fiscal year of operation. Each district's share of	47901
that excess cost shall be bound against the tax duplicate of that	47902
district.	47903

(B) A final audit of the former service center shall be	47904
performed in accordance with procedures established by the auditor	47905
of state.	47906

(C) The public records of an educational service center that	47907
is dissolved under this section shall be transferred in accordance	47908
with this division. Public records maintained by the service	47909
center in connection with services provided by the service center	47910
to local school districts of which the territory of the service	47911
center is or previously was made up shall be transferred to each	47912
of the respective local school districts. Public records	47913
maintained by the service center in connection with services	47914
provided to client school districts shall be transferred to each	47915
of the respective client school districts. All other public	47916
records maintained by the service center at the time the service	47917
center ceases operations shall be transferred to the Ohio	47918
historical society for analysis and disposition by the society in	47919
its capacity as archives administrator for the state and its	47920
political subdivisions pursuant to division (C) of section 149.30	47921
and section 149.31 of the Revised Code.	47922

(D) As used in this section, "client school district" ~~has the~~	47923
~~same meaning as in section 3317.11 of the Revised Code~~means a	47924
city, exempted village, or local school district that has entered	47925
into an agreement under section 3313.843 or 3313.845 of the	47926
Revised Code to receive any services from an educational service	47927
center.	47928

Sec. 3311.19. (A) The management and control of a joint	47929
vocational school district shall be vested in the joint vocational	47930
school district board of education~~. Where a joint vocational~~	47931
~~school district is composed only of two or more local school~~	47932
~~districts located in one county, or when all the participating~~	47933
~~districts are in one county and the boards of such participating~~	47934
~~districts so choose, the educational service center governing~~	47935
~~board of the county in which the joint vocational school district~~	47936
~~is located shall serve as the joint vocational school district~~	47937
~~board of education. Where a joint vocational school district is~~	47938
~~composed of local school districts of more than one county, or of~~	47939
~~any combination of city, local, or exempted village school~~	47940
~~districts or educational service centers, unless administration by~~	47941
~~the educational service center governing board has been chosen by~~	47942
~~all the participating districts in one county pursuant to this~~	47943
~~section, the board of education of the joint vocational school~~	47944
~~district shall be composed of one or more persons who are members~~	47945
~~of the boards of education from each of the city or exempted~~	47946
~~village school districts or members of the educational service~~	47947
~~centers' governing boards affected to be appointed by the boards~~	47948
~~of education or governing boards of such school districts and~~	47949
~~educational service centers. In such joint vocational school~~	47950
~~districts the number and terms of members of the joint vocational~~	47951
~~school district board of education and the allocation of a given~~	47952
~~number of members to each of the city and exempted village~~	47953
~~districts and educational service centers shall be determined in~~	47954
~~the plan for such district, provided that each such joint~~	47955
~~vocational school district board of education shall be composed of~~	47956
~~an odd number of members.~~	47957

~~(B) Notwithstanding division (A) of this section, a governing~~	47958
~~board of an educational service center that has members of its~~	47959
~~governing board serving on a joint vocational school district~~	47960
~~board of education may make a request to the joint vocational~~	47961
~~district board that the joint vocational school district plan be~~	47962
~~revised to provide for one or more members of boards of education~~	47963
~~of local school districts that are within the territory of the~~	47964
~~educational service district and within the joint vocational~~	47965
~~school district to serve in the place of or in addition to its~~	47966
~~educational service center governing board members. If agreement~~	47967
~~is obtained among a majority of the boards of education and~~	47968
~~governing boards that have a member serving on the joint~~	47969
~~vocational school district board of education and among a majority~~	47970
~~of the local school district boards of education included in the~~	47971
~~district and located within the territory of the educational~~	47972
~~service center whose board requests the substitution or addition,~~	47973
~~the state board of education may revise the joint vocational~~	47974
~~school district plan to conform with such agreement.~~	47975

~~(C) If the board of education of any school district or~~	47976
~~educational service center governing board included within a joint~~	47977
~~vocational district that has had its board or governing board~~	47978
~~membership revised under division (B) of this section requests the~~	47979
~~joint vocational school district board to submit to the state~~	47980
~~board of education a revised plan under which one or more joint~~	47981
~~vocational board members chosen in accordance with a plan revised~~	47982
~~under such division would again be chosen in the manner prescribed~~	47983
~~by division (A) of this section, the joint vocational board shall~~	47984
~~submit the revised plan to the state board of education, provided~~	47985
~~the plan is agreed to by a majority of the boards of education~~	47986
~~represented on the joint vocational board, a majority of the local~~	47987
~~school district boards included within the joint vocational~~	47988
~~district, and each educational service center governing board~~	47989
~~affected by such plan. The state board of education may revise the~~	47990
~~joint vocational school district plan to conform with the revised~~	47991
~~plan.~~which, beginning on the effective date of this amendment,	47992
shall be appointed under division (C) of this section. Beginning	47993
on the effective date of this amendment, no board member shall be	47994
appointed in the manner formerly provided by this section, as it	47995
existed prior to the effective date of this amendment.	47996

All members of a joint vocational school district board	47997
serving unexpired terms on the effective date of this amendment	47998
may continue in office until the expiration of their terms. If a	47999
member leaves office for any reason prior to the expiration of	48000
that member's term, the vacancy shall be filled only in the manner	48001
provided in division (C) of this section.	48002

(B) Members of the joint vocational school district board	48003
appointed on or after the effective date of this amendment shall	48004
serve for three year terms of office. No member shall hold office	48005
for a period of longer than two consecutive terms. Terms shall be	48006
considered consecutive unless separated by three or more years.	48007

Members of the board shall be selected based on the diversity	48008
of the employers from the geographical region of the state in	48009
which the territory of the joint vocational school district is	48010
located represented by the members. A majority of the members of	48011
the board shall reside in or be employed within the territory of	48012
the joint vocational school district board upon which the member	48013
serves.	48014

Not more than three members of the board shall be affiliated	48015
with or be a member of a labor organization.	48016

Two members of the board shall be selected based on their	48017
experience in career development and career counseling for grades	48018
kindergarten through twelve or career counseling for adult	48019
education.	48020

(C) The board of education of each city, exempted village, or	48021
local school district that belongs to the joint vocational school	48022
district shall appoint one member to the joint vocational school	48023
district board; however, that individual shall not be a member of	48024
an appointing school district board.	48025

Initial appointments under this section shall be made as the	48026
terms of members of each joint vocational school district board	48027
who are serving unexpired terms on the effective date of this	48028
amendment expire or as those offices are otherwise vacated prior	48029
to the expiration date. The appointing district boards shall	48030
continue to replace members in such a way that, by the time all	48031
terms of members serving on the effective date of this amendment	48032
have expired or their offices have been vacated prior to	48033
expiration of the term of office, the joint vocational school	48034
district board consists of one member appointed by the board of	48035
each school district belonging to the joint vocational school	48036
district. Thereafter, appointments shall be made by a district	48037
board as terms expire or are otherwise vacated.	48038

Appointing boards may also appoint students of the district	48039
to serve as additional members of the board, but student members	48040
shall be nonvoting members.	48041

Members of the joint vocational board shall have experience	48042
as chief financial officers, chief executive officers, human	48043
resources managers, or other business and industry professionals	48044
who are qualified to discuss the labor needs of the region with	48045
respect to the regional economy. The appointing board shall	48046
appoint members who represent employers in the region served by	48047
the joint vocational school district who are qualified to consider	48048
a region's workforce needs with an understanding of the skills,	48049
training, and education needed for current and future employment	48050
needs in the region.	48051

(D) The vocational schools in ~~such~~the joint vocational	48052
school district shall be available to all youth of school age	48053
within the joint vocational school district subject to the rules	48054
adopted by the joint vocational school district board of education	48055
in regard to the standards requisite to admission. A joint	48056
vocational school district board of education shall have the same	48057
powers, duties, and authority for the management and operation of	48058
such joint vocational school district as is granted by law, except	48059
by this chapter and Chapters 124., 3317., 3323., and 3331. of the	48060
Revised Code, to a board of education of a city school district,	48061
and shall be subject to all the provisions of law that apply to a	48062
city school district, except such provisions in this chapter and	48063
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	48064

(E) ~~Where a governing board of an educational service center~~	48065
~~has been designated to serve as the joint vocational school~~	48066
~~district board of education, the educational service center~~	48067
~~superintendent shall be the executive officer for the joint~~	48068
~~vocational school district, and the governing board may provide~~	48069
~~for additional compensation to be paid to the educational service~~	48070
~~center superintendent by the joint vocational school district, but~~	48071
~~the educational service center superintendent shall have no~~	48072
~~continuing tenure other than that of educational service center~~	48073
~~superintendent.~~ The superintendent of schools of a joint	48074
vocational school district shall exercise the duties and authority	48075
vested by law in a superintendent of schools pertaining to the	48076
operation of a school district and the employment and supervision	48077
of its personnel. The joint vocational school district board of	48078
education shall appoint a treasurer of the joint vocational school	48079
district who shall be the fiscal officer for such district and who	48080
shall have all the powers, duties, and authority vested by law in	48081
a treasurer of a board of education. ~~Where a governing board of an~~	48082
~~educational service center has been designated to serve as the~~	48083
~~joint vocational school district board of education, such board~~	48084
~~may appoint the educational service center superintendent as the~~	48085
~~treasurer of the joint vocational school district.~~	48086

(F) Each member of a joint vocational school district board	48087
of education may be paid such compensation as the board provides	48088
by resolution, but it shall not exceed one hundred twenty-five	48089
dollars per member for each meeting attended plus mileage, at the	48090
rate per mile provided by resolution of the board, to and from	48091
meetings of the board.	48092

The board may provide by resolution for the deduction of	48093
amounts payable for benefits under section 3313.202 of the Revised	48094
Code.	48095

Each member of a joint vocational school district board may	48096
be paid such compensation as the board provides by resolution for	48097
attendance at an approved training program, provided that such	48098
compensation shall not exceed sixty dollars per day for attendance	48099
at a training program three hours or fewer in length and one	48100
hundred twenty-five dollars a day for attendance at a training	48101
program longer than three hours in length. However, no board	48102
member shall be compensated for the same training program under	48103
this section and section 3313.12 of the Revised Code.	48104

Sec. 3311.22. A governing board of an educational service	48105
center may propose, by resolution adopted by majority vote of its	48106
full membership, or qualified electors of the area affected equal	48107
in number to at least fifty-five per cent of the qualified	48108
electors voting at the last general election residing within that	48109
portion of a school district, or districts proposed to be	48110
transferred may propose, by petition, the transfer of a part or	48111
all of one or more local school districts to another local school	48112
district or districts within the territory of the educational	48113
service center. Such transfers may be made only to local school	48114
districts adjoining the school district that is proposed to be	48115
transferred, unless the board of education of the district	48116
proposed to be transferred has entered into an agreement pursuant	48117
to section 3313.42 of the Revised Code, in which case such	48118
transfers may be made to any local school district within the	48119
territory of the educational service center.	48120

When a governing board of an educational service center	48121
adopts a resolution proposing a transfer of school territory it	48122
shall forthwith file a copy of such resolution, together with an	48123
accurate map of the territory described in the resolution, with	48124
the board of education of each school district whose boundaries	48125
would be altered by such proposal. A governing board of an	48126
educational service center proposing a transfer of territory under	48127
the provisions of this section shall at its next regular meeting	48128
that occurs not earlier than thirty days after the adoption by the	48129
governing board of a resolution proposing such transfer, adopt a	48130
resolution making the transfer effective at any time prior to the	48131
next succeeding first day of July, unless, prior to the expiration	48132
of such thirty-day period, qualified electors residing in the area	48133
proposed to be transferred, equal in number to a majority of the	48134
qualified electors voting at the last general election, file a	48135
petition of referendum against such transfer.	48136

Any petition of transfer or petition of referendum filed	48137
under the provisions of this section shall be filed at the office	48138
of the educational service center superintendent. The person	48139
presenting the petition shall be given a receipt containing	48140
thereon the time of day, the date, and the purpose of the	48141
petition.	48142

The educational service center superintendent shall cause the	48143
board of elections to check the sufficiency of signatures on any	48144
petition of transfer or petition of referendum filed under this	48145
section and, if found to be sufficient, the superintendent shall	48146
present the petition to the educational service center governing	48147
board at a meeting of the board which shall occur not later than	48148
thirty days following the filing of the petition.	48149

Upon presentation to the educational service center governing	48150
board of a proposal to transfer territory as requested by petition	48151
of fifty-five per cent of the qualified electors voting at the	48152
last general election or a petition of referendum against a	48153
proposal of the county board to transfer territory, the governing	48154
board shall promptly certify the proposal to the board of	48155
elections for the purpose of having the proposal placed on the	48156
ballot at the next general or primary election which occurs not	48157
less than ninety days after the date of such certification, or at	48158
a special election, the date of which shall be specified in the	48159
certification, which date shall not be less than ninety days after	48160
the date of such certification. Signatures on a petition of	48161
transfer or petition of referendum may be withdrawn up to and	48162
including the above mentioned meeting of the educational service	48163
center governing board only by order of the board upon testimony	48164
of the petitioner concerned under oath before the board that the	48165
petitioner's signature was obtained by fraud, duress, or	48166
misrepresentation.	48167

If a petition is filed with the educational service center	48168
governing board which proposes the transfer of a part or all of	48169
the territory included in a resolution of transfer previously	48170
adopted by the educational service center governing board, no	48171
action shall be taken on such petition if within the thirty-day	48172
period after the adoption of the resolution of transfer a	48173
referendum petition is filed. After the election, if the proposed	48174
transfer fails to receive a majority vote, action on such petition	48175
shall then be processed under this section as though originally	48176
filed under the provisions hereof. If no referendum petition is	48177
filed within the thirty-day period after the adoption of the	48178
resolution of transfer, no action shall be taken on such petition.	48179

If a petition is filed with the educational service center	48180
governing board which proposes the transfer of a part or all of	48181
the territory included in a petition previously filed by electors	48182
no action shall be taken on such new petition.	48183

Upon certification of a proposal to the board or boards of	48184
elections pursuant to this section, the board or boards of	48185
elections shall make the necessary arrangements for the submission	48186
of such question to the electors of the county or counties	48187
qualified to vote thereon, and the election shall be conducted and	48188
canvassed and the results shall be certified in the same manner as	48189
in regular elections for the election of members of a board of	48190
education.	48191

The persons qualified to vote upon a proposal are the	48192
electors residing in the district or districts containing	48193
territory that is proposed to be transferred. If the proposed	48194
transfer be approved by at least a majority of the electors voting	48195
on the proposal, the educational service center governing board	48196
shall make such transfer at any time prior to the next succeeding	48197
first day of July. If the proposed transfer is not approved by at	48198
least a majority of the electors voting on the proposal, the	48199
question of transferring any property included in the territory	48200
covered by the proposal shall not be submitted to electors at any	48201
election prior to the first general election the date of which is	48202
at least two years after the date of the original election, or the	48203
first primary election held in an even-numbered year the date of	48204
which is at least two years after the date of the original	48205
election. A transfer shall be subject to the approval of the	48206
receiving board or boards of education, unless the proposal was	48207
initiated by the educational service center governing board, in	48208
which case, if the transfer is opposed by the board of education	48209
offered the territory, the local board may, within thirty days,	48210
following the receipt of the notice of transfer, appeal to the	48211
state board of education which shall then either approve or	48212
disapprove the transfer.	48213

Following an election upon a proposed transfer initiated by a	48214
petition the board of education that is offered territory shall,	48215
within thirty days following receipt of the proposal, either	48216
accept or reject the transfer.	48217

When an entire school district is proposed to be transferred	48218
to two or more school districts and the offer is rejected by any	48219
one of the receiving boards of education, none of the territory	48220
included in the proposal shall be transferred.	48221

Upon the acceptance of territory by the receiving board or	48222
boards of education the educational service center governing board	48223
offering the territory shall file with the county auditor and with	48224
the state board of education an accurate map showing the	48225
boundaries of the territory transferred.	48226

Upon the making of such transfer, the net indebtedness of the	48227
former district from which territory was transferred shall be	48228
apportioned between the acquiring school district and that portion	48229
of the former school district remaining after the transfer in the	48230
ratio which the assessed valuation of the territory transferred to	48231
the acquiring school district bears to the assessed valuation of	48232
the original school district as of the effective date of the	48233
transfer. As used in this section "net indebtedness" means the	48234
difference between the par value of the outstanding and unpaid	48235
bonds and notes of the school district and the amount held in the	48236
sinking fund and other indebtedness retirement funds for their	48237
redemption.	48238

~~If an entire district is transferred, any indebtedness of the~~	48239
~~former district incurred as a result of a loan made under section~~	48240
~~3317.64 of the Revised Code is hereby canceled and such~~	48241
~~indebtedness shall not be apportioned among any districts~~	48242
~~acquiring the territory.~~	48243

Upon the making of any transfer under this section, the funds	48244
of the district from which territory was transferred shall be	48245
divided equitably by the educational service center governing	48246
board between the acquiring district and any part of the original	48247
district remaining after the transfer.	48248

If an entire district is transferred the board of education	48249
of such district is thereby abolished or if a member of the board	48250
of education lives in that part of a school district transferred	48251
the member becomes a nonresident of the school district from which	48252
the territory was transferred and such member ceases to be a	48253
member of the board of education of such district.	48254

The legal title of all property of the board of education in	48255
the territory transferred shall become vested in the board of	48256
education of the school district to which such territory is	48257
transferred.	48258

Subsequent to June 30, 1959, if an entire district is	48259
transferred, foundation program moneys accruing to a district	48260
accepting school territory under the provisions of this section or	48261
former section 3311.22 of the Revised Code, shall not be less, in	48262
any year during the next succeeding three years following the	48263
transfer, than the sum of the amounts received by the districts	48264
separately in the year in which the transfer was consummated.	48265

Sec. 3311.231. A governing board of an educational service	48266
center may propose, by resolution adopted by majority vote of its	48267
full membership, or qualified electors of the area affected equal	48268
in number to not less than fifty-five per cent of the qualified	48269
electors voting at the last general election residing within that	48270
portion of a school district proposed to be transferred may	48271
propose, by petition, the transfer of a part or all of one or more	48272
local school districts within the territory of the center to an	48273
adjoining educational service center or to an adjoining city or	48274
exempted village school district.	48275

A governing board of an educational service center adopting a	48276
resolution proposing a transfer of school territory under this	48277
section shall file a copy of such resolution together with an	48278
accurate map of the territory described in the resolution, with	48279
the board of education of each school district whose boundaries	48280
would be altered by such proposal. Where a transfer of territory	48281
is proposed by a governing board of an educational service center	48282
under this section, the governing board shall, at its next regular	48283
meeting that occurs not earlier than the thirtieth day after the	48284
adoption by the governing board of the resolution proposing such	48285
transfer, adopt a resolution making the transfer as originally	48286
proposed, effective at any time prior to the next succeeding first	48287
day of July, unless, prior to the expiration of such thirty-day	48288
period, qualified electors residing in the area proposed to be	48289
transferred, equal in number to a majority of the qualified	48290
electors voting at the last general election, file a petition of	48291
referendum against such transfer.	48292

Any petition of transfer or petition of referendum under the	48293
provisions of this section shall be filed at the office of the	48294
educational service center superintendent. The person presenting	48295
the petition shall be given a receipt containing thereon the time	48296
of day, the date, and the purpose of the petition.	48297

The educational service center superintendent shall cause the	48298
board of elections to check the sufficiency of signatures on any	48299
such petition, and, if found to be sufficient, the superintendent	48300
shall present the petition to the educational service center	48301
governing board at a meeting of said governing board which shall	48302
occur not later than thirty days following the filing of said	48303
petition.	48304

The educational service center governing board shall promptly	48305
certify the proposal to the board of elections of such counties in	48306
which school districts whose boundaries would be altered by such	48307
proposal are located for the purpose of having the proposal placed	48308
on the ballot at the next general or primary election which occurs	48309
not less than ninety days after the date of such certification or	48310
at a special election, the date of which shall be specified in the	48311
certification, which date shall not be less than ninety days after	48312
the date of such certification.	48313

Signatures on a petition of transfer or petition of	48314
referendum may be withdrawn up to and including the above	48315
mentioned meeting of the educational service center governing	48316
board only by order of the governing board upon testimony of the	48317
petitioner concerned under oath before the board that the	48318
petitioner's signature was obtained by fraud, duress, or	48319
misrepresentation.	48320

If a petition is filed with the educational service center	48321
governing board which proposes the transfer of a part or all of	48322
the territory included either in a petition previously filed by	48323
electors or in a resolution of transfer previously adopted by the	48324
educational service center governing board, no action shall be	48325
taken on such new petition as long as the previously initiated	48326
proposal is pending before the governing board or is subject to an	48327
election.	48328

Upon certification of a proposal to the board or boards of	48329
elections pursuant to this section, the board or boards of	48330
elections shall make the necessary arrangements for the submission	48331
of such question to the electors of the county or counties	48332
qualified to vote thereon, and the election shall be conducted and	48333
canvassed and the results shall be certified in the same manner as	48334
in regular elections for the election of members of a board of	48335
education.	48336

The persons qualified to vote upon a proposal are the	48337
electors residing in the district or districts containing	48338
territory that is proposed to be transferred. If the proposed	48339
transfer is approved by at least a majority of the electors voting	48340
on the proposal, the educational service center governing board	48341
shall make such transfer at any time prior to the next succeeding	48342
first day of July, subject to the approval of the receiving board	48343
of education in case of a transfer to a city or exempted village	48344
school district, and subject to the approval of the educational	48345
service center governing board of the receiving center, in case of	48346
a transfer to an educational service center. If the proposed	48347
transfer is not approved by at least a majority of the electors	48348
voting on the proposal, the question of transferring any property	48349
included in the territory covered by the proposal shall not be	48350
submitted to electors at any election prior to the first general	48351
election the date of which is at least two years after the date of	48352
the original election, or the first primary election held in an	48353
even-numbered year the date of which is at least two years after	48354
the date of the original election.	48355

Where a territory is transferred under this section to a city	48356
or exempted village school district, the board of education of	48357
such district shall, and where territory is transferred to an	48358
educational service center the governing board of such educational	48359
service center shall, within thirty days following receipt of the	48360
proposal, either accept or reject the transfer.	48361

Where a governing board of an educational service center	48362
adopts a resolution accepting territory transferred to the	48363
educational service center under the provisions of sections	48364
3311.231 and 3311.24 of the Revised Code, the governing board	48365
shall, at the time of the adoption of the resolution accepting the	48366
territory, designate the school district to which the accepted	48367
territory shall be annexed.	48368

When an entire school district is proposed to be transferred	48369
to two or more adjoining school districts and the offer is	48370
rejected by any one of the receiving boards of education, none of	48371
the territory included in the proposal shall be transferred.	48372

Upon the acceptance of territory by the receiving board or	48373
boards of education the educational service center governing board	48374
offering the territory shall file with the county auditor of each	48375
county affected by the transfer and with the state board of	48376
education an accurate map showing the boundaries of the territory	48377
transferred.	48378

Upon the making of such transfer, the net indebtedness of the	48379
former district from which territory was transferred shall be	48380
apportioned between the acquiring school district and the portion	48381
of the former school district remaining after the transfer in the	48382
ratio which the assessed valuation of the territory transferred to	48383
the acquiring school district bears to the assessed valuation of	48384
the original school district as of the effective date of the	48385
transfer. As used in this section "net indebtedness" means the	48386
difference between the par value of the outstanding and unpaid	48387
bonds and notes of the school district and the amount held in the	48388
sinking fund and other indebtedness retirement funds for their	48389
redemption.	48390

~~If an entire district is transferred, any indebtedness of the~~	48391
~~former district incurred as a result of a loan made under section~~	48392
~~3317.64 of the Revised Code is hereby canceled and such~~	48393
~~indebtedness shall not be apportioned among any districts~~	48394
~~acquiring the territory.~~	48395

Upon the making of any transfer under this section, the funds	48396
of the district from which territory was transferred shall be	48397
divided equitably by the educational service center governing	48398
board, between the acquiring district and any part of the original	48399
district remaining after the transfer.	48400

If an entire district is transferred the board of education	48401
of such district is thereby abolished or if a member of the board	48402
of education lives in that part of a school district transferred	48403
the member becomes a nonresident of the school district from which	48404
the territory was transferred and such member ceases to be a	48405
member of the board of education of such district.	48406

The legal title of all property of the board of education in	48407
the territory transferred shall become vested in the board of	48408
education of the school district to which such territory is	48409
transferred.	48410

If an entire district is transferred, foundation program	48411
moneys accruing to a district receiving school territory under the	48412
provisions of this section shall not be less, in any year during	48413
the next succeeding three years following the transfer, than the	48414
sum of the amounts received by the districts separately in the	48415
year in which the transfer was consummated.	48416

Sec. 3311.38. The state board of education may conduct, or	48417
may direct the superintendent of public instruction to conduct,	48418
studies where there is evidence of need for transfer of local,	48419
exempted village, or city school districts, or parts of any such	48420
districts, to contiguous or noncontiguous local, exempted village,	48421
or city school districts. Such studies shall include a study of	48422
the effect of any proposal upon any portion of a school district	48423
remaining after such proposed transfer. The state board, in	48424
conducting such studies and in making recommendations as a result	48425
thereof, shall consider the possibility of improving school	48426
district organization as well as the desires of the residents of	48427
the school districts which would be affected.	48428

(A) After the adoption of recommendations growing out of any	48429
such study, or upon receipt of a resolution adopted by majority	48430
vote of the full membership of the board of any city, local, or	48431
exempted village school district requesting that the entire	48432
district be transferred to another city, local, or exempted	48433
village school district, the state board may propose by resolution	48434
the transfer of territory, which may consist of part or all of the	48435
territory of a local, exempted village, or city school district to	48436
a contiguous local, exempted village, or city school district.	48437

The state board shall thereupon file a copy of such proposal	48438
with the board of education of each school district whose	48439
boundaries would be altered by the proposal and with the governing	48440
board of any educational service center in which such school	48441
district is located.	48442

The state board may, not less than thirty days following the	48443
adoption of the resolution proposing the transfer of territory,	48444
certify the proposal to the board of elections of the county or	48445
counties in which any of the territory of the proposed district is	48446
located, for the purpose of having the proposal placed on the	48447
ballot at the next general election or at a primary election	48448
occurring not less than ninety days after the adoption of such	48449
resolution.	48450

If any proposal has been previously initiated pursuant to	48451
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	48452
affects any of the territory affected by the proposal of the state	48453
board, the proposal of the state board shall not be placed on the	48454
ballot while the previously initiated proposal is subject to an	48455
election.	48456

Upon certification of a proposal to the board of elections of	48457
any county pursuant to this section, the board of elections of	48458
such county shall make the necessary arrangements for the	48459
submission of such question to the electors of the county	48460
qualified to vote thereon, and the election shall be counted and	48461
canvassed and the results shall be certified in the same manner as	48462
in regular elections for the election of members of a board of	48463
education.	48464

The electors qualified to vote upon a proposal are the	48465
electors residing in the local, exempted village, or city school	48466
districts, containing territory proposed to be transferred.	48467

If the proposed transfer be approved by a majority of the	48468
electors voting on the proposal, the state board, subject to the	48469
approval of the board of education of the district to which the	48470
territory would be transferred, shall make such transfer prior to	48471
the next succeeding July 1.	48472

(B) If a study conducted in accordance with this section	48473
involves a school district with less than four thousand dollars of	48474
assessed value for each pupil in the total student count	48475
determined under section 3317.03 of the Revised Code, the state	48476
board of education, with the approval of the educational service	48477
center governing board, and upon recommendation by the state	48478
superintendent of public instruction, may by resolution transfer	48479
all or any part of such a school district to any city, exempted	48480
village, or local school district which has more than twenty-five	48481
thousand pupils in average daily membership. Such resolution of	48482
transfer shall be adopted only after the board of education of the	48483
receiving school district has adopted a resolution approving the	48484
proposed transfer. For the purposes of this division, the assessed	48485
value shall be as certified in accordance with section 3317.021 of	48486
the Revised Code.	48487

(C) Upon the making of a transfer of an entire school	48488
district pursuant to this section, the indebtedness of the	48489
district transferred shall be assumed in full by the acquiring	48490
district and the funds of the district transferred shall be paid	48491
over in full to the acquiring district~~, except that any~~	48492
~~indebtedness of the transferred district incurred as a result of a~~	48493
~~loan made under section 3317.64 of the Revised Code is hereby~~	48494
~~canceled and shall not be assumed by the acquiring district~~.	48495

(D) Upon the making of a transfer pursuant to this section,	48496
when only part of a district is transferred, the net indebtedness	48497
of each original district of which only a part is taken by the	48498
acquiring district shall be apportioned between the acquiring	48499
district and the original district in the ratio which the assessed	48500
valuation of the part taken by the acquiring district bears to the	48501
assessed valuation of the original district as of the effective	48502
date of the transfer. As used in this section "net indebtedness"	48503
means the difference between the par value of the outstanding and	48504
unpaid bonds and notes of the school district and the amount held	48505
in the sinking fund and other indebtedness retirement funds for	48506
their redemption.	48507

(E) Upon the making of a transfer pursuant to this section,	48508
when only part of a district is transferred, the funds of the	48509
district from which territory was transferred shall be divided	48510
equitably by the state board between the acquiring district and	48511
that part of the former district remaining after the transfer.	48512

(F) If an entire school district is transferred, the board of	48513
education of such district is thereby abolished. If part of a	48514
school district is transferred, any member of the board of	48515
education who is a legal resident of that part which is	48516
transferred shall thereby cease to be a member of that board.	48517

If an entire school district is transferred, foundation	48518
program moneys accruing to a district accepting school territory	48519
under the provisions of this section shall not be less, in any	48520
year during the next succeeding three years following the	48521
transfer, than the sum of the amounts received by the districts	48522
separately in the year in which the transfer became effective.	48523

Sec. 3311.86. (A) As used in this section:

48524

(1) "Alliance" means a municipal school district	48525
transformation alliance established as a nonprofit corporation.	48526

(2) "Alliance municipal school district" means a municipal	48527
school district for which an alliance has been created under this	48528
section.	48529

(3) "Partnering community school" means a community school	48530
established under Chapter 3314. of the Revised Code that is	48531
located within the territory of a municipal school district and	48532
that either is sponsored by the district or is a party to an	48533
agreement with the district whereby the district and the community	48534
school endorse each other's programs.	48535

(4) "Transformation alliance education plan" means a plan	48536
prepared by the mayor, and confirmed by the alliance, to transform	48537
public education in the alliance municipal school district to a	48538
system of municipal school district schools and partnering	48539
community schools that will be held to the highest standards of	48540
school performance and student achievement.	48541

(B) If one or more partnering community schools are located	48542
in a municipal school district, the mayor may initiate proceedings	48543
to establish a municipal school district transformation alliance	48544
as a nonprofit corporation under Chapter 1702. of the Revised	48545
Code. The mayor shall have sole authority to appoint the directors	48546
of any alliance created under this section. The directors of the	48547
alliance shall include representatives of all of the following:	48548

(1) The municipal school district;

48549

(2) Partnering community schools;

48550

(3) Members of the community at large, including parents and	48551
educators;	48552

(4) The business community, including business leaders and	48553
foundation leaders.	48554

No one group listed in divisions (B)(1) to (4) of this	48555
section shall comprise a majority of the directors. The mayor	48556
shall be an ex officio director, and serve as the chairperson of	48557
the board of directors, of any alliance created under this	48558
section. If the proceedings are initiated, the mayor shall	48559
identify the directors in the articles of incorporation filed	48560
under section 1702.04 of the Revised Code.	48561

(C)(1) A majority of the members of the board of directors of	48562
the alliance shall constitute a quorum of the board. Any formal	48563
action taken by the board of directors shall take place at a	48564
meeting of the board and shall require the concurrence of a	48565
majority of the members of the board. Meetings of the board of	48566
directors shall be public meetings open to the public at all	48567
times, except that the board may hold an executive session, as if	48568
it were a public body with public employees, for any of the	48569
purposes for which an executive session of a public body is	48570
permitted under division (G) of section 121.22 of the Revised	48571
Code, notwithstanding that the alliance is not a public body as	48572
defined in that section, and its employees are not public	48573
employees as provided in division (F) of this section. The board	48574
of directors shall establish reasonable methods whereby any person	48575
may determine the time and place of all of the board's public	48576
meetings and by which any person, upon request, may obtain	48577
reasonable advance notification of the board's public meetings.	48578
Provisions for that advance notification may include, but are not	48579
limited to, mailing notices to all subscribers on a mailing list	48580
or mailing notices in self-addressed, stamped envelopes provided	48581
by the person.	48582

(2) All records of the alliance shall be organized and	48583
maintained by the alliance and also filed with the department of	48584
education. The alliance and the department shall make those	48585
records available to the public as though those records were	48586
public records for purposes of Chapter 149. of the Revised Code.	48587
The department shall promptly notify the alliance upon the	48588
department's receipt of any requests for records relating to the	48589
alliance pursuant to section 149.43 of the Revised Code.	48590

(3) The board of directors of the alliance shall establish a	48591
conflicts of interest policy and shall adopt that policy, and any	48592
amendments to the policy, at a meeting of the board held in	48593
accordance with this section.	48594

(D) If an alliance is created under this section, the	48595
alliance shall do all of the following:	48596

(1) Report annually on the performance of all municipal	48597
school district schools and all community schools established	48598
under Chapter 3314. of the Revised Code and located in the	48599
district, using the criteria adopted under division (B) of section	48600
3311.87 of the Revised Code;	48601

(2) Confirm and monitor implementation of the transformation	48602
alliance education plan;	48603

(3) Suggest national education models for and provide input	48604
in the development of new municipal school district schools and	48605
partnering community schools.	48606

(E) Divisions (E)(1) to (3) of this section apply to each	48607
community school sponsor that is subject to approval by the	48608
department of education under section 3314.015 of the Revised Code	48609
whose approval under that section is granted or renewed on or	48610
after ~~the effective date of this section~~October 1, 2012.	48611
Divisions (E)(1) to (3) of this section do not apply to a sponsor	48612
that has been approved by the department prior to that date, until	48613
the sponsor's approval is renewed or granted anew on or after that	48614
date.	48615

(1) Before a sponsor to which this section applies may	48616
sponsor new community schools in an alliance municipal school	48617
district, the sponsor shall request recommendation from the	48618
alliance to sponsor community schools in the district.	48619

(2) The alliance shall review the sponsor's application and	48620
shall make a recommendation based on the standards for sponsors	48621
developed under division (A)(2) of section 3311.87 of the Revised	48622
Code.	48623

(3) The department shall use the standards developed under	48624
division (A)(2) of section 3311.87 of the Revised Code, in	48625
addition to any other requirements of the Revised Code, to review	48626
a sponsor's request and make a final determination, on	48627
recommendation of the alliance, of whether the sponsor may sponsor	48628
new community schools in the alliance municipal school district.	48629

No sponsor shall be required to receive authorization to	48630
sponsor new community schools under division (E)(3) of this	48631
section more than one time.	48632

(F) Directors, officers, and employees of an alliance are not	48633
public employees or public officials, are not subject to Chapters	48634
124., 145., and 4117. of the Revised Code, and are not "public	48635
officials" or "public servants" as defined in section 2921.01 of	48636
the Revised Code. Membership on the board of directors of an	48637
alliance does not constitute the holding of an incompatible public	48638
office or employment in violation of any statutory or common law	48639
prohibition against the simultaneous holding of more than one	48640
public office or employment. Members of the board of directors of	48641
an alliance are not disqualified from holding any public office by	48642
reason of that membership, and do not forfeit by reason of that	48643
membership the public office or employment held when appointed to	48644
the board, notwithstanding any contrary disqualification or	48645
forfeiture requirement under the Revised Code or the common law of	48646
this state.	48647

(G) The authority to establish an alliance under this section	48648
expires on January 1, 2018. Any alliance established under this	48649
section is terminated, and any related authority granted to the	48650
alliance under this section expires on that date.	48651

Sec. 3312.08. Each fiscal agent selected by the department	48652
of education pursuant to section 3312.07 of the Revised Code shall	48653
do all of the following:	48654

(A) Enter into performance contracts with the department in	48655
accordance with section 3312.09 of the Revised Code for the	48656
implementation of state and regional education initiatives and	48657
school improvement efforts;	48658

(B) Receive federal and state funds, including federal funds	48659
for the provision of special education and related services, as	48660
specified in the performance contracts, and disburse those funds	48661
as specified in the performance contracts to educational service	48662
centers, information technology centers, and other regional	48663
service providers. However, any funds owed to an educational	48664
service center in accordance with an agreement entered into under	48665
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	48666
Code shall be paid directly to the service center by the	48667
department ~~in accordance with that section~~ and any operating funds	48668
appropriated for an information technology center shall be paid	48669
directly to the information technology center by the department	48670
pursuant to section 3301.075 of the Revised Code.	48671

(C) Implement any expenditure of funds recommended by the	48672
advisory council for the region pursuant to section 3312.04 of the	48673
Revised Code or required by the terms of any performance contract,	48674
unless there are insufficient funds available to the region to pay	48675
for the expenditure or the expenditure violates a provision of the	48676
Revised Code, a rule of the state board of education regarding	48677
such expenditure, or the terms of a performance contract;	48678

(D) Exercise fiscal oversight of the implementation of state	48679
and regional education initiatives and school improvement efforts.	48680

Sec. 3313.372. (A) As used in this section, "energy	48681
conservation measure" means an installation or modification of an	48682
installation in, or remodeling of, a building, to reduce energy	48683
consumption. It includes:	48684

(1) Insulation of the building structure and systems within	48685
the building;	48686

(2) Storm windows and doors, multiglazed windows and doors,	48687
heat absorbing or heat reflective glazed and coated window and	48688
door systems, additional glazing, reductions in glass area, and	48689
other window and door system modifications that reduce energy	48690
consumption;	48691

(3) Automatic energy control systems;

48692

(4) Heating, ventilating, or air conditioning system	48693
modifications or replacements;	48694

(5) Caulking and weatherstripping;

48695

(6) Replacement or modification of lighting fixtures to	48696
increase the energy efficiency of the system without increasing	48697
the overall illumination of a facility, unless such increase in	48698
illumination is necessary to conform to the applicable state or	48699
local building code for the proposed lighting system;	48700

(7) Energy recovery systems;

48701

(8) Cogeneration systems that produce steam or forms of	48702
energy such as heat, as well as electricity, for use primarily	48703
within a building or complex of buildings;	48704

(9) Any other modification, installation, or remodeling	48705
approved by the Ohio school facilities commission as an energy	48706
conservation measure.	48707

(B) A board of education of a city, exempted village, local,	48708
or joint vocational school district may enter into an installment	48709
payment contract for the purchase and installation of energy	48710
conservation measures. The provisions of such installment payment	48711
contracts dealing with interest charges and financing terms shall	48712
not be subject to the competitive bidding requirements of section	48713
3313.46 of the Revised Code, and shall be on the following terms:	48714

(1) Not less than one-fifteenth of the costs thereof shall be	48715
paid within two years from the date of purchase.	48716

(2) The remaining balance of the costs thereof shall be paid	48717
within fifteen years from the date of purchase.	48718

The provisions of any installment payment contract entered	48719
into pursuant to this section shall provide that all payments,	48720
except payments for repairs and obligations on termination of the	48721
contract prior to its expiration, be stated as a percentage of	48722
calculated energy, water, or waste water cost savings, avoided	48723
operating costs, and avoided capital costs attributable to the one	48724
or more measures over a defined period of time. Those payments	48725
shall be made only to the extent that the savings described in	48726
this division actually occur. The contractor shall warrant and	48727
guarantee that the energy conservation measures shall realize	48728
guaranteed savings. In order to ensure payment of any savings	48729
shortfall, the contractor shall provide an energy guarantee bond	48730
for the full term of the contract, including any partial guarantee	48731
year.	48732

The commission may reduce the term of any installment payment	48733
contract entered into under this section on or after the effective	48734
date of this amendment to three years.	48735

An installment payment contract entered into by a board of	48736
education under this section shall require the board to contract	48737
in accordance with division (A) of section 3313.46 of the Revised	48738
Code for the installation, modification, or remodeling of energy	48739
conservation measures unless division (A) of section 3313.46 of	48740
the Revised Code does not apply pursuant to division (B)(3) of	48741
that section.	48742

(C) The board may issue the notes of the school district	48743
signed by the president and the treasurer of the board and	48744
specifying the terms of the purchase and securing the deferred	48745
payments provided in this section, payable at the times provided	48746
and bearing interest at a rate not exceeding the rate determined	48747
as provided in section 9.95 of the Revised Code. The notes may	48748
contain an option for prepayment and shall not be subject to	48749
Chapter 133. of the Revised Code. In the resolution authorizing	48750
the notes, the board may provide, without the vote of the electors	48751
of the district, for annually levying and collecting taxes in	48752
amounts sufficient to pay the interest on and retire the notes,	48753
except that the total net indebtedness of the district without a	48754
vote of the electors incurred under this and all other sections of	48755
the Revised Code, except section 3318.052 of the Revised Code,	48756
shall not exceed one per cent of the district's tax valuation.	48757
Revenues derived from local taxes or otherwise, for the purpose of	48758
conserving energy or for defraying the current operating expenses	48759
of the district, may be applied to the payment of interest and the	48760
retirement of such notes. The notes may be sold at private sale or	48761
given to the contractor under the installment payment contract	48762
authorized by division (B) of this section.	48763

(D) Debt incurred under this section shall not be included in	48764
the calculation of the net indebtedness of a school district under	48765
section 133.06 of the Revised Code.	48766

(E) No school district board shall enter into an installment	48767
payment contract under division (B) of this section unless it	48768
first obtains a report of the costs of the energy conservation	48769
measures and the savings thereof as described under division (G)	48770
of section 133.06 of the Revised Code as a requirement for issuing	48771
energy securities, makes a finding that the amount spent on such	48772
measures is not likely to exceed the amount of money it would save	48773
in energy costs and resultant operational and maintenance costs as	48774
described in that division, except that that finding shall cover	48775
the ensuing fifteen years, and the Ohio school facilities	48776
commission determines that the district board's findings are	48777
reasonable and approves the contract as described in that	48778
division.	48779

The district board shall monitor the savings and maintain a	48780
report of those savings, which shall be submitted to the	48781
commission in the same manner as required by division (G) of	48782
section 133.06 of the Revised Code in the case of energy	48783
securities.	48784

Sec. 3313.376. As used in this section, "client school	48785
district" ~~has the same meaning as in section 3317.11 of the~~	48786
~~Revised Code~~means a city, exempted village, or local school	48787
district that has entered into an agreement under section 3313.843	48788
or 3313.845 of the Revised Code to receive any services from an	48789
educational service center.	48790

For the purpose of obtaining quantity discounts in purchasing	48791
textbooks; computer equipment, including computer software; school	48792
buses; and natural gas, electricity, and other utility services,	48793
the governing boards of two or more educational service centers	48794
may enter into agreements, including installment purchase and	48795
lease-purchase contracts, to jointly purchase such commodities to	48796
be utilized by client school districts of the educational service	48797
centers.	48798

Sec. 3313.48. (A) The board of education of each city,	48799
exempted village, local, and joint vocational school district	48800
shall provide for the free education of the youth of school age	48801
within the district under its jurisdiction, at such places as will	48802
be most convenient for the attendance of the largest number	48803
thereof. ~~Except as provided in section 3313.481 of the Revised~~	48804
~~Code, each~~Each school so provided and each chartered nonpublic	48805
school shall be open for instruction with pupils in attendance,	48806
including scheduled classes, supervised activities, and approved	48807
education options but excluding lunch and breakfast periods and	48808
extracurricular activities, for not less than ~~one hundred~~	48809
~~eighty-two days~~four hundred fifty-five hours in the case of	48810
pupils in kindergarten unless such pupils are provided all-day	48811
kindergarten, as defined in section 3321.05 of the Revised Code,	48812
in which case the pupils shall be in attendance for nine hundred	48813
ten hours; nine hundred ten hours in the case of pupils in grades	48814
one through six; and one thousand one hours in the case of pupils	48815
in grades seven through twelve in each school year, which may	48816
include all of the following:	48817

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	48818
~~in which classes are dismissed one-half day early or the~~	48819
~~equivalent amount of time during a different number of days~~during	48820
which pupils would otherwise be in attendance but are not required	48821
to attend for the purpose of individualized parent-teacher	48822
conferences and reporting periods;	48823

~~(B)~~(2) Up to the equivalent of two school days per year	48824
during which pupils would otherwise be in attendance but are not	48825
required to attend for professional meetings of teachers ~~when such~~	48826
~~days occur during a regular school week and schools are not in~~	48827
~~session~~;	48828

~~(C) The number of days the school is closed as a result of~~	48829
~~public calamity, as provided in section 3317.01 of the Revised~~	48830
~~Code~~(3) Morning and afternoon recess periods of not more than	48831
fifteen minutes duration per period for pupils in grades	48832
kindergarten through six.	48833

~~The state board of education shall adopt standards for~~	48834
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	48835
~~the Revised Code.~~	48836

~~Except as otherwise provided in this section, each day for~~	48837
~~grades seven through twelve shall consist of not less than five~~	48838
~~clock hours with pupils in attendance, except in such emergency~~	48839
~~situations, including lack of classroom space, as are approved by~~	48840
~~the state board of education. Except as otherwise provided in this~~	48841
~~section, each day for grades one through six shall consist of not~~	48842
~~less than five clock hours with pupils in attendance which may~~	48843
~~include fifteen minute morning and afternoon recess periods,~~	48844
~~except in such emergency situations, including lack of classroom~~	48845
~~space, as are approved by the state board of education.~~	48846

(B) Not later than thirty days prior to adopting a school	48847
calendar, the board of education of each city, exempted village,	48848
and local school district shall hold a public hearing on the	48849
school calendar, addressing topics that include, but are not	48850
limited to, the total number of hours in a school year, length of	48851
school day, and beginning and end dates of instruction.	48852

(C) No school operated by a city, exempted village, local, or	48853
joint vocational school district shall reduce the number of hours	48854
in each school year that the school is scheduled to be open for	48855
instruction from the number of hours per year the school was open	48856
for instruction during the previous school year unless the	48857
reduction is approved by a resolution adopted by the district	48858
board of education. Any reduction so approved shall not result in	48859
fewer hours of instruction per school year than the applicable	48860
number of hours required under division (A) of this section.	48861

(D) Prior to making any change in the hours or days in which	48862
a high school under its jurisdiction is open for instruction, the	48863
board of education of each city, exempted village, and local	48864
school district shall consider the compatibility of the proposed	48865
change with the scheduling needs of any joint vocational school	48866
district in which any of the high school's students are also	48867
enrolled. The board shall consider the impact of the proposed	48868
change on student access to the instructional programs offered by	48869
the joint vocational school district, incentives for students to	48870
participate in career-technical education, transportation, and the	48871
timing of graduation. The board shall provide the joint vocational	48872
school district board with advance notice of the proposed change	48873
and the two boards shall enter into a written agreement	48874
prescribing reasonable accommodations to meet the scheduling needs	48875
of the joint vocational school district prior to implementation of	48876
the change.	48877

(E) Prior to making any change in the hours or days in which	48878
a school under its jurisdiction is open for instruction, the board	48879
of education of each city, exempted village, and local school	48880
district shall consider the compatibility of the proposed change	48881
with the scheduling needs of any community school established	48882
under Chapter 3314. of the Revised Code to which the district is	48883
required to transport students under sections 3314.09 and 3327.01	48884
of the Revised Code. The board shall consider the impact of the	48885
proposed change on student access to the instructional programs	48886
offered by the community school, transportation, and the timing of	48887
graduation. The board shall provide the sponsor, governing	48888
authority, and operator of the community school with advance	48889
notice of the proposed change, and the board and the governing	48890
authority, or operator if such authority is delegated to the	48891
operator, shall enter into a written agreement prescribing	48892
reasonable accommodations to meet the scheduling needs of the	48893
community school prior to implementation of the change.	48894

(F) Prior to making any change in the hours or days in which	48895
the schools under its jurisdiction are open for instruction, the	48896
board of education of each city, exempted village, and local	48897
school district shall consult with the chartered nonpublic schools	48898
to which the district is required to transport students under	48899
section 3327.01 of the Revised Code and shall consider the effect	48900
of the proposed change on the schedule for transportation of those	48901
students to their nonpublic schools. The governing authority of a	48902
chartered nonpublic school shall consult with each school district	48903
board of education that transports students to the chartered	48904
nonpublic school under section 3327.01 of the Revised Code prior	48905
to making any change in the hours or days in which the nonpublic	48906
school is open for instruction.	48907

(G) The state board of education shall not adopt or enforce	48908
any rule or standard that imposes on chartered nonpublic schools	48909
the procedural requirements imposed on school districts by	48910
divisions (B), (C), (D), and (E) of this section.	48911

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	48912
the term "school day" is used, unless otherwise specified, that	48913
term shall be construed to mean the time during a calendar day	48914
that a school is open for instruction pursuant to the schedule	48915
adopted by the board of education of the school district or the	48916
governing authority of the chartered nonpublic school in	48917
accordance with section 3313.48 of the Revised Code.	48918

Sec. 3313.483. (A) A board of education, upon the adoption	48919
of a resolution stating that it may be financially unable to open	48920
on the day or to remain open for instruction on all days set forth	48921
in its adopted school calendar and pay all obligated expenses, or	48922
the superintendent of public instruction upon the issuance of	48923
written notification under division (B) of section 3313.489 of the	48924
Revised Code, shall request the auditor of state to determine	48925
whether such situation exists. The auditor shall deliver a copy of	48926
each request from a board of education to the superintendent of	48927
public instruction. In the case of a school district not under a	48928
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	48929
auditor shall not issue a finding under this section until written	48930
notification is received from the superintendent pursuant to	48931
section 3313.487 of the Revised Code.	48932

(B) If the auditor of state finds that the board of education	48933
has attempted to avail itself to the fullest extent authorized by	48934
law of all lawful revenue sources available to it except those	48935
authorized by section 5705.21 of the Revised Code, the auditor	48936
shall certify that finding to the superintendent of public	48937
instruction and the state board of education and shall certify the	48938
operating deficit the district will have at the end of the fiscal	48939
year if it commences or continues operating its instructional	48940
program in accordance with its adopted school calendar and pays	48941
all obligated expenses.	48942

(C) No board of education may delay the opening of its	48943
schools or close its schools for financial reasons. Upon the	48944
request of the superintendent of public instruction, the attorney	48945
general shall seek injunctive relief and any other relief required	48946
to enforce this prohibition in the court of common pleas of	48947
Franklin county. The court of common pleas of Franklin county has	48948
exclusive original jurisdiction over all such actions.	48949

(D) Upon the receipt of any certification of an operating	48950
deficit from the auditor of state, a board of education shall make	48951
application to a commercial bank, underwriter, or other	48952
prospective lender or purchaser of its obligations for a loan in	48953
an amount sufficient to enable the district to open or remain open	48954
for instruction on all days set forth in its adopted school	48955
calendar but not to exceed the amount of the deficit certified.	48956

(E)(1) Any board of education that has applied for and been	48957
denied a loan from a commercial bank, underwriter, or other	48958
prospective lender or purchaser of its obligations pursuant to	48959
division (D) of this section shall submit to the superintendent of	48960
public instruction a plan for implementing reductions in the	48961
school district's budget; apply for a loan from a commercial bank,	48962
underwriter, or other prospective lender or purchaser of its	48963
obligations in an amount not to exceed its certified deficit; and	48964
provide the superintendent such information as the superintendent	48965
requires concerning its application for such a loan. The board of	48966
education of a school district declared to be under a fiscal watch	48967
pursuant to division (A) of section 3316.03 of the Revised Code	48968
may, upon approval of the superintendent, utilize the financial	48969
plan required by section 3316.04 of the Revised Code, or	48970
applicable parts thereof, as the plan required under this	48971
division. The board of education of a school district declared to	48972
be under a fiscal emergency pursuant to division (B) of section	48973
3316.03 of the Revised Code may utilize the financial recovery	48974
plan for the district, or applicable parts thereof, as the plan	48975
required under this division. Except for the plan of a school	48976
district under a fiscal emergency, the superintendent shall	48977
evaluate, make recommendations concerning, and approve or	48978
disapprove each plan. When a plan is submitted, the superintendent	48979
shall immediately notify the members of the general assembly whose	48980
legislative districts include any or all of the territory of the	48981
school district submitting the plan.	48982

(2) The superintendent shall submit to the controlling board	48983
a copy of each plan the superintendent approves, or each plan	48984
submitted by a district under a fiscal emergency pursuant to	48985
division (B) of section 3316.03 of the Revised Code, and the	48986
general terms of each proposed loan, and shall make	48987
recommendations regarding the plan and whether a proposed loan to	48988
the board of education should be approved for payment as provided	48989
in division (E)(3) of this section. The controlling board shall	48990
approve or disapprove the plan and the proposed loan presented to	48991
it by the superintendent. In the case of a district not under a	48992
fiscal emergency pursuant to division (B) of section 3316.03 of	48993
the Revised Code, the controlling board may require a board of	48994
education to implement the superintendent's recommendations for	48995
expenditure reductions or impose other requirements. Loan	48996
repayments shall be in accordance with a schedule approved by the	48997
superintendent, except that the principal amount of the loan shall	48998
be payable in monthly, semiannual, or annual installments of	48999
principal and interest that are substantially equal principal and	49000
interest installments. Except as otherwise provided in division	49001
(E)(2) of this section, repayment shall be made no later than the	49002
fifteenth day of June of the second fiscal year following the	49003
approval of the loan. A school district with a certified deficit	49004
in excess of either twenty-five million dollars or fifteen per	49005
cent of the general fund expenditures of the district during the	49006
fiscal year shall repay the loan no later than the fifteenth day	49007
of June of the tenth fiscal year following the approval of the	49008
loan. In deciding whether to approve or disapprove a proposed	49009
loan, the controlling board shall consider the deficit certified	49010
by the auditor of state pursuant to this section. A board of	49011
education that has an outstanding loan approved pursuant to this	49012
section with a repayment date of more than two fiscal years after	49013
the date of approval of such loan may not apply for another loan	49014
with such a repayment date until the outstanding loan has been	49015
repaid.	49016

(3) If a board of education has submitted and received	49017
controlling board approval of a plan and proposed loan in	49018
accordance with this section, the superintendent of public	49019
instruction shall report to the controlling board the actual	49020
amounts loaned to the board of education. Such board of education	49021
shall request the superintendent to pay any funds the board of	49022
education would otherwise receive pursuant to Chapter 3306. of the	49023
Revised Code first directly to the holders of the board of	49024
education's notes, or an agent thereof, such amounts as are	49025
specified under the terms of the loan. Such payments shall be made	49026
only from and to the extent of money appropriated by the general	49027
assembly for purposes of such sections. No note or other	49028
obligation of the board of education under the loan constitutes an	49029
obligation nor a debt or a pledge of the faith, credit, or taxing	49030
power of the state, and the holder or owner of such note or	49031
obligation has no right to have taxes levied by the general	49032
assembly for the payment of such note or obligation, and such note	49033
or obligation shall contain a statement to that effect.	49034

(4) Pursuant to the terms of such a loan, a board of	49035
education may issue its notes in anticipation of the collection of	49036
its voted levies for current expenses or its receipt of such state	49037
funds or both. Such notes shall be issued in accordance with	49038
division (E) of section 133.10 of the Revised Code and constitute	49039
Chapter 133. securities to the extent such division and the	49040
otherwise applicable provisions of Chapter 133. of the Revised	49041
Code are not inconsistent with this section, provided that in any	49042
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	49043
(E)(2) of section 133.10 of the Revised Code do not apply to such	49044
notes.	49045

(5) Notwithstanding section 133.36 or 3313.17, any other	49046
section of the Revised Code, or any other provision of law, a	49047
board of education that has received a loan under this section may	49048
not declare bankruptcy, so long as any portion of such loan	49049
remains unpaid.	49050

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	49051
~~3313.4811~~, "board of education" or "district board" includes the	49052
financial planning and supervision commission of a school district	49053
under a fiscal emergency pursuant to Chapter 3316. of the Revised	49054
Code where such commission chooses to exercise the powers and	49055
duties otherwise required of the district board of education under	49056
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	49057
Revised Code.	49058

Sec. 3313.484. No loan shall be approved under sections	49059
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	49060
1998.	49061

By the last day of June each year, the department of	49062
education shall calculate and pay a subsidy to every school	49063
district that during the current fiscal year paid and was	49064
obligated to pay interest on a loan under sections 3313.483 to	49065
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	49066
simple interest. The amount of the subsidy shall equal the	49067
difference between the amount of interest the district paid and	49068
was obligated to pay during the year and the interest that the	49069
district would have been obligated to pay if the interest rate on	49070
the loan had been two per cent per year.	49071

Sec. 3313.488. (A) Within fifteen days ofafter the date a	49072
~~board of education requests that its school district be made~~	49073
~~subject to this section as authorized by section 3317.62 of the~~	49074
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	49075
order under section 3313.487 of the Revised Code making a school	49076
district subject to this section, the district's board of	49077
education shall prepare a fiscal statement of expenses and	49078
expenditures for the remainder of the current fiscal year. The	49079
fiscal statement shall be submitted to the superintendent of	49080
public instruction and shall set forth all revenues to be received	49081
by the district during the remainder of the fiscal year and their	49082
sources, the expenses to be incurred by the district during the	49083
remainder of the fiscal year, the outstanding and unpaid expenses	49084
at the time the fiscal statement is prepared and the date or dates	49085
by which such expenses must be paid, and such other information as	49086
the superintendent requires to enable the superintendent to ensure	49087
that during the remainder of the fiscal year, the district will	49088
not incur any expenses that will further impair its ability to	49089
operate an instructional program that meets or exceeds the minimum	49090
standards of the state board of education and requirements of the	49091
Revised Code during the current and ensuing fiscal years with the	49092
revenue available to it from existing revenue sources. The fiscal	49093
statement shall be presented in such detail and form as the	49094
superintendent prescribes. Beginning the tenth day after the	49095
fiscal statement is submitted and for the remainder of the fiscal	49096
year, the board shall not make any expenditure of money, make any	49097
employment, purchase, or rental contract, give any order involving	49098
the expenditure of money, or increase any wage or salary schedule	49099
unless the superintendent of public instruction has approved the	49100
fiscal statement in writing and the expenditure, contract, order,	49101
or schedule has been approved in writing by the superintendent as	49102
being in conformity with the fiscal statement.	49103

Any contract or expenditure made, order given, or schedule	49104
adopted or put into effect without the written approval of the	49105
superintendent of public instruction is void, and no warrant shall	49106
be issued in payment of any amount due thereon.	49107

(B) A board of education subject to division (A) of this	49108
section shall prepare a fiscal statement of expenses and	49109
expenditures for the ensuing fiscal year. The fiscal statement	49110
shall be submitted to the superintendent of public instruction and	49111
shall set forth all revenues to be received by the district during	49112
such year and their source, the expenses to be incurred by the	49113
district during such year, the outstanding and unpaid expenses on	49114
the first day of such fiscal year, the date or dates by which such	49115
expenses must be paid, and such other information as the	49116
superintendent requires to enable the superintendent to ensure	49117
that during such year, the district will not incur any expenses	49118
that will further impair its ability to operate an instructional	49119
program that meets or exceeds the minimum standards of the state	49120
board of education and requirements of the Revised Code during	49121
such year with the revenue available to it from existing revenue	49122
sources. The fiscal statement shall be presented at the time and	49123
in such detail and form as the superintendent prescribes. During	49124
the fiscal year following the year in which a board of education	49125
first becomes subject to division (A) of this section it shall not	49126
make any expenditure of money, make any employment, purchase, or	49127
rental contract, give any order involving the expenditure of	49128
money, or increase any wage or salary schedule unless the	49129
superintendent of public instruction has approved the fiscal	49130
statement submitted under this division in writing and has	49131
approved the expenditure, contract, order, or schedule in writing	49132
as being in conformity with the fiscal statement.	49133

Any contract or expenditure made, order given, or schedule	49134
adopted or put into effect without the written approval of the	49135
superintendent of public instruction is void, and no warrant shall	49136
be issued in payment of any amount due thereon.	49137

(C) The state board of education shall examine any fiscal	49138
statement presented to and approved by the superintendent of	49139
public instruction under division (B) of this section and shall	49140
determine whether the data set forth in the fiscal statement are	49141
factual and based upon assumptions that in its judgment are	49142
reasonable expectations consistent with acceptable governmental	49143
budget and accounting practices. If the state board so determines	49144
and finds that the revenues and expenditures in the fiscal	49145
statement are in balance for the fiscal year and the fiscal	49146
statement will enable the district to operate during such year	49147
without interrupting its school calendar, it shall certify its	49148
determination and finding to the district at least thirty days	49149
prior to the beginning of the fiscal year, and the district shall	49150
thereupon cease to be subject to this section. If the state board	49151
does not make such a determination and finding, the board of	49152
education and school district are subject to this division and	49153
division (B) of this section in the ensuing fiscal year and each	49154
fiscal year thereafter until the state board makes a	49155
determination, finding, and certification under this division.	49156

(D) Any officer, employee, or other person who knowingly	49157
expends or authorizes the expenditure of any public funds or	49158
knowingly authorizes or executes any contract, order, or schedule	49159
contrary to division (A) or (B) of this section or who knowingly	49160
expends or authorizes the expenditure of any public funds on any	49161
such void contract, order, or schedule is jointly and severally	49162
liable in person and upon any official bond that the officer,	49163
employee, or other person has given to such school district to the	49164
extent of any payments on the void claim, not to exceed twenty	49165
thousand dollars. The attorney general at the written request of	49166
the superintendent of public instruction shall enforce this	49167
liability by civil action brought in any court of appropriate	49168
jurisdiction in the name of and on behalf of the school district.	49169

(E) During each month that a board of education is subject to	49170
division (A), (B), or (C) of this section, the superintendent of	49171
public instruction shall submit a report to the speaker of the	49172
house of representatives and the president of the senate on the	49173
financial condition of the school district. The report shall	49174
contain the date by which the superintendent anticipates the	49175
district will cease to be subject to such divisions, the	49176
district's plans for becoming exempt from such section, and such	49177
other information the superintendent determines appropriate or the	49178
speaker of the house of representatives or president of the senate	49179
requests.	49180

In addition to the other reports required under this	49181
division, on the thirty-first day of each school district fiscal	49182
year following a fiscal year in which a school district first	49183
becomes subject to this section, the superintendent shall submit a	49184
written report to the speaker of the house of representatives and	49185
the president of the senate. The report shall include	49186
recommendations to the general assembly for strengthening the	49187
financial condition of school districts based upon the experiences	49188
of the superintendent and the state board in exercising their	49189
powers under this section and sections 3313.483 and 3313.487 of	49190
the Revised Code.	49191

(F) This section does not apply to a school district declared	49192
to be under a fiscal emergency pursuant to division (B) of section	49193
3316.03 of the Revised Code.	49194

Sec. 3313.4810. Any school district receiving a loan under	49195
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	49196
per cent of the general fund expenditures of the district during	49197
the fiscal year in which the loan is received and that has	49198
received a loan under that section within the last five years is	49199
subject to section 3313.488 of the Revised Code for the duration	49200
of the fiscal year in which the district receives the loan and	49201
during the ensuing two fiscal years. The controlling board may not	49202
relieve a school district to which this section applies from any	49203
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	49204
Revised Code to implement recommendations of the superintendent of	49205
public instruction for expenditure reduction and may not modify	49206
any other requirements imposed under such section upon such a	49207
district as a condition for receiving the loan unless expressly	49208
authorized to do so by law. The superintendent of public	49209
instruction shall, among any recommendations hethe superintendent	49210
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	49211
of the Revised Code affecting the number of employees of a school	49212
district to which this section applies, provide wherever possible	49213
for the retention of teachers who are actually involved in the	49214
daily teaching of students in the classroom.	49215

Sec. 3313.533. (A) The board of education of a city,	49216
exempted village, or local school district may adopt a resolution	49217
to establish and maintain an alternative school in accordance with	49218
this section. The resolution shall specify, but not necessarily be	49219
limited to, all of the following:	49220

(1) The purpose of the school, which purpose shall be to	49221
serve students who are on suspension, who are having truancy	49222
problems, who are experiencing academic failure, who have a	49223
history of class disruption, who are exhibiting other academic or	49224
behavioral problems specified in the resolution, or who have been	49225
discharged or released from the custody of the department of youth	49226
services under section 5139.51 of the Revised Code;	49227

(2) The grades served by the school, which may include any of	49228
grades kindergarten through twelve;	49229

(3) A requirement that the school be operated in accordance	49230
with this section. The board of education adopting the resolution	49231
under division (A) of this section shall be the governing board of	49232
the alternative school. The board shall develop and implement a	49233
plan for the school in accordance with the resolution establishing	49234
the school and in accordance with this section. Each plan shall	49235
include, but not necessarily be limited to, all of the following:	49236

(a) Specification of the reasons for which students will be	49237
accepted for assignment to the school and any criteria for	49238
admission that are to be used by the board to approve or	49239
disapprove the assignment of students to the school;	49240

(b) Specification of the criteria and procedures that will be	49241
used for returning students who have been assigned to the school	49242
back to the regular education program of the district;	49243

(c) An evaluation plan for assessing the effectiveness of the	49244
school and its educational program and reporting the results of	49245
the evaluation to the public.	49246

(B) Notwithstanding any provision of Title XXXIII of the	49247
Revised Code to the contrary, the alternative school plan may	49248
include any of the following:	49249

(1) A requirement that on each school day students must	49250
attend school or participate in other programs specified in the	49251
plan or by the chief administrative officer of the school for a	49252
period equal to the minimum school day set by the ~~state~~ board of	49253
education under section 3313.48 of the Revised Code plus any	49254
additional time required in the plan or by the chief	49255
administrative officer;	49256

(2) Restrictions on student participation in extracurricular	49257
or interscholastic activities;	49258

(3) A requirement that students wear uniforms prescribed by	49259
the district board of education.	49260

(C) In accordance with the alternative school plan, the	49261
district board of education may employ teachers and nonteaching	49262
employees necessary to carry out its duties and fulfill its	49263
responsibilities or may contract with a nonprofit or for profit	49264
entity to operate the alternative school, including the provision	49265
of personnel, supplies, equipment, or facilities.	49266

(D) An alternative school may be established in all or part	49267
of a school building.	49268

(E) If a district board of education elects under this	49269
section, or is required by section 3313.534 of the Revised Code,	49270
to establish an alternative school, the district board may join	49271
with the board of education of one or more other districts to form	49272
a joint alternative school by forming a cooperative education	49273
school district under section 3311.52 or 3311.521 of the Revised	49274
Code, or a joint educational program under section 3313.842 of the	49275
Revised Code. The authority to employ personnel or to contract	49276
with a nonprofit or for profit entity under division (C) of this	49277
section applies to any alternative school program established	49278
under this division.	49279

(F) Any individual employed as a teacher at an alternative	49280
school operated by a nonprofit or for profit entity under this	49281
section shall be licensed and shall be subject to background	49282
checks, as described in section 3319.39 of the Revised Code, in	49283
the same manner as an individual employed by a school district.	49284

(G) Division (G) of this section applies only to any	49285
alternative school that is operated by a nonprofit or for profit	49286
entity under contract with the school district.	49287

(1) In addition to the specifications authorized under	49288
division (B) of this section, any plan adopted under that division	49289
for an alternative school to which division (G) of this section	49290
also applies shall include the following:	49291

(a) A description of the educational program provided at the	49292
alternative school, which shall include:	49293

(i) Provisions for the school to be configured in clusters or	49294
small learning communities;	49295

(ii) Provisions for the incorporation of education technology	49296
into the curriculum;	49297

(iii) Provisions for accelerated learning programs in reading	49298
and mathematics.	49299

(b) A method to determine the reading and mathematics level	49300
of each student assigned to the alternative school and a method to	49301
continuously monitor each student's progress in those areas. The	49302
methods employed under this division shall be aligned with the	49303
curriculum adopted by the school district board of education under	49304
section 3313.60 of the Revised Code.	49305

(c) A plan for social services to be provided at the	49306
alternative school, such as, but not limited to, counseling	49307
services, psychological support services, and enrichment programs;	49308

(d) A plan for a student's transition from the alternative	49309
school back to a school operated by the school district;	49310

(e) A requirement that the alternative school maintain	49311
financial records in a manner that is compatible with the form	49312
prescribed for school districts by the auditor of state to enable	49313
the district to comply with any rules adopted by the auditor of	49314
state.	49315

(2) Notwithstanding division (A)(2) of this section, any	49316
alternative school to which division (G) of this section applies	49317
shall include only grades six through twelve.	49318

(3) Notwithstanding anything in division (A)(3)(a) of this	49319
section to the contrary, the characteristics of students who may	49320
be assigned to an alternative school to which division (G) of this	49321
section applies shall include only disruptive and low-performing	49322
students.	49323

(H) When any district board of education determines to	49324
contract with a nonprofit or for profit entity to operate an	49325
alternative school under this section, the board shall use the	49326
procedure set forth in this division.	49327

(1) The board shall publish notice of a request for proposals	49328
in a newspaper of general circulation in the district once each	49329
week for a period of two consecutive weeks, or as provided in	49330
section 7.16 of the Revised Code, prior to the date specified by	49331
the board for receiving proposals. Notices of requests for	49332
proposals shall contain a general description of the subject of	49333
the proposed contract and the location where the request for	49334
proposals may be obtained. The request for proposals shall include	49335
all of the following information:	49336

(a) Instructions and information to respondents concerning	49337
the submission of proposals, including the name and address of the	49338
office where proposals are to be submitted;	49339

(b) Instructions regarding communications, including at least	49340
the names, titles, and telephone numbers of persons to whom	49341
questions concerning a proposal may be directed;	49342

(c) A description of the performance criteria that will be	49343
used to evaluate whether a respondent to which a contract is	49344
awarded is meeting the district's educational standards or the	49345
method by which such performance criteria will be determined;	49346

(d) Factors and criteria to be considered in evaluating	49347
proposals, the relative importance of each factor or criterion,	49348
and a description of the evaluation procedures to be followed;	49349

(e) Any terms or conditions of the proposed contract,	49350
including any requirement for a bond and the amount of such bond;	49351

(f) Documents that may be incorporated by reference into the	49352
request for proposals, provided that the request for proposals	49353
specifies where such documents may be obtained and that such	49354
documents are readily available to all interested parties.	49355

(2) After the date specified for receiving proposals, the	49356
board shall evaluate the submitted proposals and may hold	49357
discussions with any respondent to ensure a complete understanding	49358
of the proposal and the qualifications of such respondent to	49359
execute the proposed contract. Such qualifications shall include,	49360
but are not limited to, all of the following:	49361

(a) Demonstrated competence in performance of the required	49362
services as indicated by effective implementation of educational	49363
programs in reading and mathematics and at least three years of	49364
experience successfully serving a student population similar to	49365
the student population assigned to the alternative school;	49366

(b) Demonstrated performance in the areas of cost	49367
containment, the provision of educational services of a high	49368
quality, and any other areas determined by the board;	49369

(c) Whether the respondent has the resources to undertake the	49370
operation of the alternative school and to provide qualified	49371
personnel to staff the school;	49372

(d) Financial responsibility.

49373

(3) The board shall select for further review at least three	49374
proposals from respondents the board considers qualified to	49375
operate the alternative school in the best interests of the	49376
students and the district. If fewer than three proposals are	49377
submitted, the board shall select each proposal submitted. The	49378
board may cancel a request for proposals or reject all proposals	49379
at any time prior to the execution of a contract.	49380

The board may hold discussions with any of the three selected	49381
respondents to clarify or revise the provisions of a proposal or	49382
the proposed contract to ensure complete understanding between the	49383
board and the respondent of the terms under which a contract will	49384
be entered. Respondents shall be accorded fair and equal treatment	49385
with respect to any opportunity for discussion regarding	49386
clarifications or revisions. The board may terminate or	49387
discontinue any further discussion with a respondent upon written	49388
notice.	49389

(4) Upon further review of the three proposals selected by	49390
the board, the board shall award a contract to the respondent the	49391
board considers to have the most merit, taking into consideration	49392
the scope, complexity, and nature of the services to be performed	49393
by the respondent under the contract.	49394

(5) Except as provided in division (H)(6) of this section,	49395
the request for proposals, submitted proposals, and related	49396
documents shall become public records under section 149.43 of the	49397
Revised Code after the award of the contract.	49398

(6) Any respondent may request in writing that the board not	49399
disclose confidential or proprietary information or trade secrets	49400
contained in the proposal submitted by the respondent to the	49401
board. Any such request shall be accompanied by an offer of	49402
indemnification from the respondent to the board. The board shall	49403
determine whether to agree to the request and shall inform the	49404
respondent in writing of its decision. If the board agrees to	49405
nondisclosure of specified information in a proposal, such	49406
information shall not become a public record under section 149.43	49407
of the Revised Code. If the respondent withdraws its proposal at	49408
any time prior to the execution of a contract, the proposal shall	49409
not be a public record under section 149.43 of the Revised Code.	49410

(I) Upon a recommendation from the department and in	49411
accordance with section 3301.16 of the Revised Code, the state	49412
board of education may revoke the charter of any alternative	49413
school operated by a school district that violates this section.	49414

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

49415

"Physician" means a person authorized under Chapter 4731. of	49416
the Revised Code to practice medicine and surgery or osteopathic	49417
medicine and surgery.	49418

"Chiropractor" means a person licensed under Chapter 4734. of	49419
the Revised Code to practice chiropractic.	49420

(B) No school district board of education or governing	49421
authority of a chartered or nonchartered nonpublic school shall	49422
permit a student to practice for or compete in interscholastic	49423
athletics until the student has submitted, to a school official	49424
designated by the board or governing authority, a form signed by	49425
the parent, guardian, or other person having care or charge of the	49426
student stating that the student and the parent, guardian, or	49427
other person having care or charge of the student have received	49428
the concussion and head injury information sheet required by	49429
section 3707.52 of the Revised Code. A completed form shall be	49430
submitted each school year, as defined in section 3313.62 of the	49431
Revised Code, for each sport or other category of interscholastic	49432
athletics for or in which the student practices or competes.	49433

(C)(1) No school district board of education or governing	49434
authority of a chartered or nonchartered nonpublic school shall	49435
permit an individual to coach interscholastic athletics unless the	49436
individual holds a pupil-activity program permit issued under	49437
section 3319.303 of the Revised Code for coaching interscholastic	49438
athletics.	49439

(2) No school district board of education or governing	49440
authority of a chartered or nonchartered nonpublic school shall	49441
permit an individual to referee interscholastic athletics unless	49442
the individual holds a pupil-activity program permit issued under	49443
section 3319.303 of the Revised Code for coaching interscholastic	49444
athletics or presents evidence that the individual has	49445
successfully completed, within the previous three years, a	49446
training program in recognizing the symptoms of concussions and	49447
head injuries to which the department of health has provided a	49448
link on its internet web site under section 3707.52 of the Revised	49449
Code or a training program authorized and required by an	49450
organization that regulates interscholastic conferences or events.	49451

(D) If a student practicing for or competing in an	49452
interscholastic athletic event exhibits signs, symptoms, or	49453
behaviors consistent with having sustained a concussion or head	49454
injury while participating in the practice or competition, the	49455
student shall be removed from the practice or competition by	49456
either of the following:	49457

(1) The individual who is serving as the student's coach	49458
during that practice or competition;	49459

(2) An individual who is serving as a referee during that	49460
practice or competition.	49461

(E)(1) If a student is removed from practice or competition	49462
under division (D) of this section, the coach or referee who	49463
removed the student shall not allow the student, on the same day	49464
the student is removed, to return to that practice or competition	49465
or to participate in any other practice or competition for which	49466
the coach or referee is responsible. Thereafter, the coach or	49467
referee shall not allow the student to return to that practice or	49468
competition or to participate in any other practice or competition	49469
for which the coach or referee is responsible until both of the	49470
following conditions are satisfied:	49471

(a) The student's condition is assessed by ~~either~~any of the	49472
following:	49473

(i) A physician;

49474

(ii) A chiropractor;

49475

(iii) Any other licensed health care provider the school	49476
district board of education or governing authority of the	49477
chartered or nonchartered nonpublic school, pursuant to division	49478
(E)(2) of this section, authorizes to assess a student who has	49479
been removed from practice or competition under division (D) of	49480
this section.	49481

(b) The student receives written clearance that it is safe	49482
for the student to return to practice or competition from a	49483
physician, chiropractor, or ~~from~~ another licensed health care	49484
provider authorized pursuant to division (E)(2) of this section to	49485
grant the clearance.	49486

(2) A school district board of education or governing	49487
authority of a chartered or nonchartered nonpublic school may	49488
authorize a licensed health care provider who is not a physician	49489
or a chiropractor to make an assessment or grant a clearance for	49490
purposes of division (E)(1) of this section only if the provider	49491
is acting in accordance with one of the following, as applicable	49492
to the provider's authority to practice in this state:	49493

(a) In consultation with a physician;

49494

(b) Pursuant to the referral of a physician;

49495

49496

(d) Under the supervision of a physician.

49497

(3) A physician, chiropractor, or other licensed health care	49498
provider who makes an assessment or grants a clearance for	49499
purposes of division (E)(1) of this section may be a volunteer.	49500

(F) A school district board of education or governing	49501
authority of a chartered or nonchartered nonpublic school that is	49502
subject to the rules of an interscholastic conference or an	49503
organization that regulates interscholastic conferences or events	49504
shall be considered to be in compliance with divisions (B), (D),	49505
and (E) of this section, as long as the requirements of those	49506
rules are substantially similar to the requirements of divisions	49507
(B), (D), and (E) of this section.	49508

(G)(1) A school district, member of a school district board	49509
of education, or school district employee or volunteer, including	49510
a coach or referee, is not liable in damages in a civil action for	49511
injury, death, or loss to person or property allegedly arising	49512
from providing services or performing duties under this section,	49513
unless the act or omission constitutes willful or wanton	49514
misconduct.	49515

This section does not eliminate, limit, or reduce any other	49516
immunity or defense that a school district, member of a school	49517
district board of education, or school district employee or	49518
volunteer, including a coach or referee, may be entitled to under	49519
Chapter 2744. or any other provision of the Revised Code or under	49520
the common law of this state.	49521

(2) A chartered or nonchartered nonpublic school or any	49522
officer, director, employee, or volunteer of the school, including	49523
a coach or referee, is not liable in damages in a civil action for	49524
injury, death, or loss to person or property allegedly arising	49525
from providing services or performing duties under this section,	49526
unless the act or omission constitutes willful or wanton	49527
misconduct.	49528

Sec. 3313.603. (A) As used in this section:

49529

(1) "One unit" means a minimum of one hundred twenty hours of	49530
course instruction, except that for a laboratory course, "one	49531
unit" means a minimum of one hundred fifty hours of course	49532
instruction.	49533

(2) "One-half unit" means a minimum of sixty hours of course	49534
instruction, except that for physical education courses, "one-half	49535
unit" means a minimum of one hundred twenty hours of course	49536
instruction.	49537

(3) "Internet- or computer-based community school" has the	49538
same meaning as in section 3314.02 of the Revised Code.	49539

(B) Beginning September 15, 2001, except as required in	49540
division (C) of this section and division (C) of section 3313.614	49541
of the Revised Code, the requirements for graduation from every	49542
high school shall include twenty units earned in grades nine	49543
through twelve and shall be distributed as follows:	49544

(1) English language arts, four units;

49545

(2) Health, one-half unit;

49546

(3) Mathematics, three units;

49547

(4) Physical education, one-half unit;

49548

(5) Science, two units until September 15, 2003, and three	49549
units thereafter, which at all times shall include both of the	49550
following:	49551

(a) Biological sciences, one unit;

49552

(b) Physical sciences, one unit.

49553

(6) History and government, one unit, which shall comply with	49554
division (M) of this section and shall include both of the	49555
following:	49556

(a) American history, one-half unit;

49557

(b) American government, one-half unit.

49558

(7) Social studies, two units.

49559

(8) Elective units, seven units until September 15, 2003, and	49560
six units thereafter.	49561

Each student's electives shall include at least one unit, or	49562
two half units, chosen from among the areas of	49563
business/technology, fine arts, and/or foreign language.	49564

(C) Beginning with students who enter ninth grade for the	49565
first time on or after July 1, 2010, except as provided in	49566
divisions (D) to (F) of this section, the requirements for	49567
graduation from every public and chartered nonpublic high school	49568
shall include twenty units that are designed to prepare students	49569
for the workforce and college. The units shall be distributed as	49570
follows:	49571

(1) English language arts, four units;

49572

(2) Health, one-half unit, which shall include instruction in	49573
nutrition and the benefits of nutritious foods and physical	49574
activity for overall health;	49575

(3) Mathematics, four units, which shall include one unit of	49576
algebra II or the equivalent of algebra II;	49577

(4) Physical education, one-half unit;

49578

(5) Science, three units with inquiry-based laboratory	49579
experience that engages students in asking valid scientific	49580
questions and gathering and analyzing information, which shall	49581
include the following, or their equivalent:	49582

(a) Physical sciences, one unit;

49583

(b) Life sciences, one unit;

49584

(c) Advanced study in one or more of the following sciences,	49585
one unit:	49586

(i) Chemistry, physics, or other physical science;

49587

(ii) Advanced biology or other life science;

49588

(iii) Astronomy, physical geology, or other earth or space	49589
science.	49590

(6) History and government, one unit, which shall comply with	49591
division (M) of this section and shall include both of the	49592
following:	49593

(a) American history, one-half unit;

49594

(b) American government, one-half unit.

49595

(7) Social studies, two units.

49596

Each school shall integrate the study of economics and	49597
financial literacy, as expressed in the social studies academic	49598
content standards adopted by the state board of education under	49599
division (A)(1) of section 3301.079 of the Revised Code and the	49600
academic content standards for financial literacy and	49601
entrepreneurship adopted under division (A)(2) of that section,	49602
into one or more existing social studies credits required under	49603
division (C)(7) of this section, or into the content of another	49604
class, so that every high school student receives instruction in	49605
those concepts. In developing the curriculum required by this	49606
paragraph, schools shall use available public-private partnerships	49607
and resources and materials that exist in business, industry, and	49608
through the centers for economics education at institutions of	49609
higher education in the state.	49610

(8) Five units consisting of one or any combination of	49611
foreign language, fine arts, business, career-technical education,	49612
family and consumer sciences, technology, agricultural education,	49613
a junior reserve officer training corps (JROTC) program approved	49614
by the congress of the United States under title 10 of the United	49615
States Code, or English language arts, mathematics, science, or	49616
social studies courses not otherwise required under division (C)	49617
of this section.	49618

Ohioans must be prepared to apply increased knowledge and	49619
skills in the workplace and to adapt their knowledge and skills	49620
quickly to meet the rapidly changing conditions of the	49621
twenty-first century. National studies indicate that all high	49622
school graduates need the same academic foundation, regardless of	49623
the opportunities they pursue after graduation. The goal of Ohio's	49624
system of elementary and secondary education is to prepare all	49625
students for and seamlessly connect all students to success in	49626
life beyond high school graduation, regardless of whether the next	49627
step is entering the workforce, beginning an apprenticeship,	49628
engaging in post-secondary training, serving in the military, or	49629
pursuing a college degree.	49630

The Ohio core curriculum is the standard expectation for all	49631
students entering ninth grade for the first time at a public or	49632
chartered nonpublic high school on or after July 1, 2010. A	49633
student may satisfy this expectation through a variety of methods,	49634
including, but not limited to, integrated, applied,	49635
career-technical, and traditional coursework.	49636

Whereas teacher quality is essential for student success in	49637
completing the Ohio core curriculum, the general assembly shall	49638
appropriate funds for strategic initiatives designed to strengthen	49639
schools' capacities to hire and retain highly qualified teachers	49640
in the subject areas required by the curriculum. Such initiatives	49641
are expected to require an investment of $120,000,000 over five	49642
years.	49643

Stronger coordination between high schools and institutions	49644
of higher education is necessary to prepare students for more	49645
challenging academic endeavors and to lessen the need for academic	49646
remediation in college, thereby reducing the costs of higher	49647
education for Ohio's students, families, and the state. The state	49648
board and the chancellor of the Ohio board of regents shall	49649
develop policies to ensure that only in rare instances will	49650
students who complete the Ohio core curriculum require academic	49651
remediation after high school.	49652

School districts, community schools, and chartered nonpublic	49653
schools shall integrate technology into learning experiences	49654
across the curriculum in order to maximize efficiency, enhance	49655
learning, and prepare students for success in the	49656
technology-driven twenty-first century. Districts and schools	49657
shall use distance and web-based course delivery as a method of	49658
providing or augmenting all instruction required under this	49659
division, including laboratory experience in science. Districts	49660
and schools shall utilize technology access and electronic	49661
learning opportunities provided by the ~~eTech Ohio~~broadcast	49662
educational media commission, chancellor, the Ohio learning	49663
network, education technology centers, public television stations,	49664
and other public and private providers.	49665

(D) Except as provided in division (E) of this section, a	49666
student who enters ninth grade on or after July 1, 2010, and	49667
before July 1, 2014, may qualify for graduation from a public or	49668
chartered nonpublic high school even though the student has not	49669
completed the Ohio core curriculum prescribed in division (C) of	49670
this section if all of the following conditions are satisfied:	49671

(1) After the student has attended high school for two years,	49672
as determined by the school, the student and the student's parent,	49673
guardian, or custodian sign and file with the school a written	49674
statement asserting the parent's, guardian's, or custodian's	49675
consent to the student's graduating without completing the Ohio	49676
core curriculum and acknowledging that one consequence of not	49677
completing the Ohio core curriculum is ineligibility to enroll in	49678
most state universities in Ohio without further coursework.	49679

(2) The student and parent, guardian, or custodian fulfill	49680
any procedural requirements the school stipulates to ensure the	49681
student's and parent's, guardian's, or custodian's informed	49682
consent and to facilitate orderly filing of statements under	49683
division (D)(1) of this section.	49684

(3) The student and the student's parent, guardian, or	49685
custodian and a representative of the student's high school	49686
jointly develop an individual career plan for the student that	49687
specifies the student matriculating to a two-year degree program,	49688
acquiring a business and industry credential, or entering an	49689
apprenticeship.	49690

(4) The student's high school provides counseling and support	49691
for the student related to the plan developed under division	49692
(D)(3) of this section during the remainder of the student's high	49693
school experience.	49694

(5) The student successfully completes, at a minimum, the	49695
curriculum prescribed in division (B) of this section.	49696

The department of education, in collaboration with the	49697
chancellor, shall analyze student performance data to determine if	49698
there are mitigating factors that warrant extending the exception	49699
permitted by division (D) of this section to high school classes	49700
beyond those entering ninth grade before July 1, 2014. The	49701
department shall submit its findings and any recommendations not	49702
later than August 1, 2014, to the speaker and minority leader of	49703
the house of representatives, the president and minority leader of	49704
the senate, the chairpersons and ranking minority members of the	49705
standing committees of the house of representatives and the senate	49706
that consider education legislation, the state board of education,	49707
and the superintendent of public instruction.	49708

(E) Each school district and chartered nonpublic school	49709
retains the authority to require an even more rigorous minimum	49710
curriculum for high school graduation than specified in division	49711
(B) or (C) of this section. A school district board of education,	49712
through the adoption of a resolution, or the governing authority	49713
of a chartered nonpublic school may stipulate any of the	49714
following:	49715

(1) A minimum high school curriculum that requires more than	49716
twenty units of academic credit to graduate;	49717

(2) An exception to the district's or school's minimum high	49718
school curriculum that is comparable to the exception provided in	49719
division (D) of this section but with additional requirements,	49720
which may include a requirement that the student successfully	49721
complete more than the minimum curriculum prescribed in division	49722
(B) of this section;	49723

(3) That no exception comparable to that provided in division	49724
(D) of this section is available.	49725

(F) A student enrolled in a dropout prevention and recovery	49726
program, which program has received a waiver from the department,	49727
may qualify for graduation from high school by successfully	49728
completing a competency-based instructional program administered	49729
by the dropout prevention and recovery program in lieu of	49730
completing the Ohio core curriculum prescribed in division (C) of	49731
this section. The department shall grant a waiver to a dropout	49732
prevention and recovery program, within sixty days after the	49733
program applies for the waiver, if the program meets all of the	49734
following conditions:	49735

(1) The program serves only students not younger than sixteen	49736
years of age and not older than twenty-one years of age.	49737

(2) The program enrolls students who, at the time of their	49738
initial enrollment, either, or both, are at least one grade level	49739
behind their cohort age groups or experience crises that	49740
significantly interfere with their academic progress such that	49741
they are prevented from continuing their traditional programs.	49742

(3) The program requires students to attain at least the	49743
applicable score designated for each of the assessments prescribed	49744
under division (B)(1) of section 3301.0710 of the Revised Code or,	49745
to the extent prescribed by rule of the state board under division	49746
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	49747
of that section.	49748

(4) The program develops an individual career plan for the	49749
student that specifies the student's matriculating to a two-year	49750
degree program, acquiring a business and industry credential, or	49751
entering an apprenticeship.	49752

(5) The program provides counseling and support for the	49753
student related to the plan developed under division (F)(4) of	49754
this section during the remainder of the student's high school	49755
experience.	49756

(6) The program requires the student and the student's	49757
parent, guardian, or custodian to sign and file, in accordance	49758
with procedural requirements stipulated by the program, a written	49759
statement asserting the parent's, guardian's, or custodian's	49760
consent to the student's graduating without completing the Ohio	49761
core curriculum and acknowledging that one consequence of not	49762
completing the Ohio core curriculum is ineligibility to enroll in	49763
most state universities in Ohio without further coursework.	49764

(7) Prior to receiving the waiver, the program has submitted	49765
to the department an instructional plan that demonstrates how the	49766
academic content standards adopted by the state board under	49767
section 3301.079 of the Revised Code will be taught and assessed.	49768

If the department does not act either to grant the waiver or	49769
to reject the program application for the waiver within sixty days	49770
as required under this section, the waiver shall be considered to	49771
be granted.	49772

(G) Every high school may permit students below the ninth	49773
grade to take advanced work. If a high school so permits, it shall	49774
award high school credit for successful completion of the advanced	49775
work and shall count such advanced work toward the graduation	49776
requirements of division (B) or (C) of this section if the	49777
advanced work was both:	49778

(1) Taught by a person who possesses a license or certificate	49779
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	49780
Code that is valid for teaching high school;	49781

(2) Designated by the board of education of the city, local,	49782
or exempted village school district, the board of the cooperative	49783
education school district, or the governing authority of the	49784
chartered nonpublic school as meeting the high school curriculum	49785
requirements.	49786

Each high school shall record on the student's high school	49787
transcript all high school credit awarded under division (G) of	49788
this section. In addition, if the student completed a seventh- or	49789
eighth-grade fine arts course described in division (K) of this	49790
section and the course qualified for high school credit under that	49791
division, the high school shall record that course on the	49792
student's high school transcript.	49793

(H) The department shall make its individual academic career	49794
plan available through its Ohio career information system web site	49795
for districts and schools to use as a tool for communicating with	49796
and providing guidance to students and families in selecting high	49797
school courses.	49798

(I) Units earned in English language arts, mathematics,	49799
science, and social studies that are delivered through integrated	49800
academic and career-technical instruction are eligible to meet the	49801
graduation requirements of division (B) or (C) of this section.	49802

(J) The state board, in consultation with the chancellor,	49803
shall adopt a statewide plan implementing methods for students to	49804
earn units of high school credit based on a demonstration of	49805
subject area competency, instead of or in combination with	49806
completing hours of classroom instruction. The state board shall	49807
adopt the plan not later than March 31, 2009, and commence phasing	49808
in the plan during the 2009-2010 school year. The plan shall	49809
include a standard method for recording demonstrated proficiency	49810
on high school transcripts. Each school district and community	49811
school shall comply with the state board's plan adopted under this	49812
division and award units of high school credit in accordance with	49813
the plan. The state board may adopt existing methods for earning	49814
high school credit based on a demonstration of subject area	49815
competency as necessary prior to the 2009-2010 school year.	49816

(K) This division does not apply to students who qualify for	49817
graduation from high school under division (D) or (F) of this	49818
section, or to students pursuing a career-technical instructional	49819
track as determined by the school district board of education or	49820
the chartered nonpublic school's governing authority.	49821
Nevertheless, the general assembly encourages such students to	49822
consider enrolling in a fine arts course as an elective.	49823

Beginning with students who enter ninth grade for the first	49824
time on or after July 1, 2010, each student enrolled in a public	49825
or chartered nonpublic high school shall complete two semesters or	49826
the equivalent of fine arts to graduate from high school. The	49827
coursework may be completed in any of grades seven to twelve. Each	49828
student who completes a fine arts course in grade seven or eight	49829
may elect to count that course toward the five units of electives	49830
required for graduation under division (C)(8) of this section, if	49831
the course satisfied the requirements of division (G) of this	49832
section. In that case, the high school shall award the student	49833
high school credit for the course and count the course toward the	49834
five units required under division (C)(8) of this section. If the	49835
course in grade seven or eight did not satisfy the requirements of	49836
division (G) of this section, the high school shall not award the	49837
student high school credit for the course but shall count the	49838
course toward the two semesters or the equivalent of fine arts	49839
required by this division.	49840

(L)(1) Notwithstanding anything to the contrary in this	49841
section, the board of education of each school district and the	49842
governing authority of each chartered nonpublic school may adopt a	49843
policy to excuse from the high school physical education	49844
requirement each student who, during high school, has participated	49845
in interscholastic athletics, marching band, or cheerleading for	49846
at least two full seasons or in the junior reserve officer	49847
training corps for at least two full school years. If the board or	49848
authority adopts such a policy, the board or authority shall not	49849
require the student to complete any physical education course as a	49850
condition to graduate. ~~However~~	49851

(2) Notwithstanding anything to the contrary in this section,	49852
a student enrolled in an internet- or computer-based community	49853
school shall be excused from the high school physical education	49854
requirement prescribed by this section.	49855

(3) However, ~~the~~any student excused from the physical	49856
education requirement under division (L) of this section shall be	49857
required to complete one-half unit, consisting of at least sixty	49858
hours of instruction, in another course of study. In the case of a	49859
student who has participated in the junior reserve officer	49860
training corps for at least two full school years, credit received	49861
for that participation may be used to satisfy the requirement to	49862
complete one-half unit in another course of study.	49863

(M) It is important that high school students learn and	49864
understand United States history and the governments of both the	49865
United States and the state of Ohio. Therefore, beginning with	49866
students who enter ninth grade for the first time on or after July	49867
1, 2012, the study of American history and American government	49868
required by divisions (B)(6) and (C)(6) of this section shall	49869
include the study of all of the following documents:	49870

(1) The Declaration of Independence;

49871

(2) The Northwest Ordinance;

49872

(3) The Constitution of the United States with emphasis on	49873
the Bill of Rights;	49874

(4) The Ohio Constitution.

49875

The study of each of the documents prescribed in divisions	49876
(M)(1) to (4) of this section shall include study of that document	49877
in its original context.	49878

The study of American history and government required by	49879
divisions (B)(6) and (C)(6) of this section shall include the	49880
historical evidence of the role of documents such as the	49881
Federalist Papers and the Anti-Federalist Papers to firmly	49882
establish the historical background leading to the establishment	49883
of the provisions of the Constitution and Bill of Rights.	49884

Sec. 3313.6013. (A) As used in this section, "dual enrollment	49885
program" means a program that enables a student to earn credit	49886
toward a degree from an institution of higher education while	49887
enrolled in high school or that enables a student to complete	49888
coursework while enrolled in high school that may earn credit	49889
toward a degree from an institution of higher education upon the	49890
student's attainment of a specified score on an examination	49891
covering the coursework. Dual enrollment programs may include any	49892
of the following:	49893

(1) The post-secondary enrollment options program established	49894
under Chapter 3365. of the Revised Code;	49895

(2) Advanced placement courses;

49896

(3) Any similar program established pursuant to an agreement	49897
between a school district or chartered nonpublic high school and	49898
an institution of higher education;	49899

(4) Early college high schools.

49900

(B) Each city, local, exempted village, and joint vocational	49901
school district and each chartered nonpublic high school shall	49902
provide students enrolled in grades nine through twelve with the	49903
opportunity to participate in a dual enrollment program. For this	49904
purpose, each school district and chartered nonpublic high school	49905
shall offer at least one dual enrollment program in accordance	49906
with division (B)(1) or (2) of this section, as applicable.	49907

(1) A city, local, or exempted village school district meets	49908
the requirements of this division through its mandatory	49909
participation in the post-secondary enrollment options program	49910
established under Chapter 3365. of the Revised Code. However, a	49911
city, local, or exempted village school district may offer any	49912
other dual enrollment program, in addition to the post-secondary	49913
enrollment options program, and each joint vocational school	49914
district shall offer at least one other dual enrollment program,	49915
to students in good standing, as defined by the partnership for	49916
continued learning under section 3301.42 of the Revised Code as it	49917
existed prior to October 16, 2009, or as subsequently defined by	49918
the department of education.	49919

(2) A chartered nonpublic high school that elects to	49920
participate in the post-secondary enrollment options program	49921
established under Chapter 3365. of the Revised Code meets the	49922
requirements of this division. Each chartered nonpublic high	49923
school that elects not to participate in the post-secondary	49924
enrollment options program instead shall offer at least one other	49925
dual enrollment program to students in good standing, as defined	49926
by the partnership for continued learning under section 3301.42 of	49927
the Revised Code as it existed prior to October 16, 2009, or as	49928
subsequently defined by the department of education.	49929

(C) Each school district and each chartered nonpublic high	49930
school shall provide information about the dual enrollment	49931
programs offered by the district or school to all students	49932
enrolled in grades eight through eleven.	49933

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	49934
the department of education shall administer a pilot program	49935
requiring daily physical activity for students. Any school	49936
district; community school established under Chapter 3314. of the	49937
Revised Code; science, technology, engineering, and mathematics	49938
school established under Chapter 3326. of the Revised Code; or	49939
chartered nonpublic school annually may elect to participate in	49940
the pilot program by notifying the department of its interest by a	49941
date established by the department. If a school district elects to	49942
participate in the pilot program, ~~each school building operated by~~	49943
~~the district shall be required~~the district shall select one or	49944
more school buildings to participate in the program. To the	49945
maximum extent possible, the department shall seek to include in	49946
the pilot program districts and schools that are located in urban,	49947
suburban, and rural areas distributed geographically throughout	49948
the state. The department shall administer the pilot program in	49949
accordance with this section.	49950

(B) Except as provided in division (C) of this section, each	49951
district or school participating in the pilot program shall	49952
require all students in ~~each of grades kindergarten through twelve~~	49953
the school building selected under division (A) of this section to	49954
engage in at least thirty minutes of moderate to rigorous physical	49955
activity each school day or at least one hundred fifty minutes of	49956
moderate to rigorous physical activity each week, exclusive of	49957
recess. Physical activity engaged in during the following may	49958
count toward the daily requirement:	49959

(1) A physical education course;

49960

(2) A program or activity occurring before or after the	49961
regular school day, as defined in section 3313.814 of the Revised	49962
Code, that is sponsored or approved by the school of attendance,	49963
provided school officials are able to monitor students'	49964
participation to ensure compliance with the requirement.	49965

(C) None of the following shall be subject to the requirement	49966
of division (B) of this section:	49967

(1) Any student enrolled in the post-secondary enrollment	49968
options program established under Chapter 3365. of the Revised	49969
Code;	49970

(2) Any student enrolled in a career-technical education	49971
program operated by the district or school;	49972

(3) Any student enrolled in a dropout prevention and recovery	49973
program operated by the district or school;	49974

(4) Any student enrolled in an internet- or computer-based	49975
community school.	49976

(D) For any period in which a student is participating in	49977
interscholastic athletics, marching band, cheerleading, or a	49978
junior reserve officer training corps program, the district or	49979
school may excuse the student from the requirement of division (B)	49980
of this section.	49981

(E) The district or school may excuse any kindergarten	49982
student who is not enrolled in all-day kindergarten, as defined in	49983
section 3321.05 of the Revised Code, from the requirement of	49984
division (B) of this section.	49985

(F) Each district or school annually shall report to the	49986
department, in the manner prescribed by the department, how the	49987
district or school implemented the thirty minutes of daily	49988
physical activity and the financial costs of implementation. The	49989
department shall issue an annual report of the data collected	49990
under this division.	49991

Sec. 3313.6018. (A) As used in this section and section	49992
3313.6019 of the Revised Code, "extended programming" means	49993
extended programming as described in section 3301.0725 of the	49994
Revised Code.	49995

(B) Except as provided in division (C) of section 3313.6019	49996
of the Revised Code, extended programming shall be used for	49997
activities that involve direct contact with students or are	49998
directly related to student programs and activities. On any given	49999
day that extended programming is provided, it shall be provided	50000
for at least one hour.	50001

Sec. 3313.6019. (A) Not later than December 31, 2013, the	50002
department of education shall issue a report with recommendations	50003
for quality agricultural education programs. These recommendations	50004
shall be developed using both of the following:	50005

(1) The standards for exemplary agricultural education that	50006
are described in the national quality program standards for	50007
secondary (grades 9-12) agricultural education developed by the	50008
national council for agricultural education or a successor	50009
document developed by the national council for agricultural	50010
education or its successor;	50011

(2) The quality program standards for Ohio's agricultural and	50012
environmental systems career field programs or a successor	50013
document developed by the department, the Ohio association of	50014
agricultural educators, the Ohio state university, and wilmington	50015
college of Ohio.	50016

The report shall include the appropriate use of extended	50017
programming in agricultural education programs and the recommended	50018
number of hours outside the normal school day that licensed	50019
educators may be permitted to provide extended programming	50020
instruction. Following the initial issuance of the report, the	50021
department may periodically review and update the report as it	50022
considers necessary.	50023

(B) All agricultural education instructors shall utilize a	50024
three-part model of agricultural education instruction of	50025
classroom instruction, FFA activities, and extended programming	50026
projects.	50027

(C) Professional development associated with agricultural	50028
education shall be considered an acceptable use of extended	50029
student programming funds.	50030

(D) All agricultural education instructors shall submit a	50031
monthly time log to the principal of the school at which the	50032
extended programming is offered, or the principal's designee, for	50033
review.	50034

Sec. 3313.612. (A) No nonpublic school chartered by the	50035
state board of education shall grant a high school diploma to any	50036
person unless, subject to section 3313.614 of the Revised Code,	50037
the person has met the assessment requirements of division (A)(1)	50038
or (2) of this section, as applicable.	50039

(1) If the person entered the ninth grade prior to the date	50040
prescribed by rule of the state board under division (D)(2) of	50041
section 3301.0712 of the Revised Code, the person has attained at	50042
least the applicable scores designated under division (B)(1) of	50043
section 3301.0710 of the Revised Code on all the assessments	50044
required by that division, or has satisfied the alternative	50045
conditions prescribed in section 3313.615 of the Revised Code.	50046

(2) If the person entered the ninth grade on or after the	50047
date prescribed by rule of the state board under division (E)(2)	50048
of section 3301.0712 of the Revised Code, the person has met the	50049
requirements of the entire assessment system prescribed under	50050
division (B)(2) of section 3301.0710 of the Revised Code.	50051

(B) This section does not apply to ~~either~~any of the	50052
following:	50053

(1) Any person with regard to any assessment from which the	50054
person was excused pursuant to division (C)(1)(c) of section	50055
3301.0711 of the Revised Code;	50056

(2) Any person that attends a nonpublic school accredited	50057
through the independent school association of the central states	50058
with regard to any end-of-course examination required under	50059
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;	50060

(3) Any person with regard to the social studies assessment	50061
under division (B)(1) of section 3301.0710 of the Revised Code,	50062
any American history end-of-course examination and any American	50063
government end-of-course examination required under division	50064
(B)(2) of that section if such an exemption is prescribed by rule	50065
of the state board of education under division (D)(4) of section	50066
3301.0712 of the Revised Code, or the citizenship test under	50067
former division (B) of section 3301.0710 of the Revised Code as it	50068
existed prior to September 11, 2001, if all of the following	50069
apply:	50070

(a) The person is not a citizen of the United States;

50071

(b) The person is not a permanent resident of the United	50072
States;	50073

(c) The person indicates no intention to reside in the United	50074
States after completion of high school.	50075

(C) As used in this division, "limited English proficient	50076
student" has the same meaning as in division (C)(3) of section	50077
3301.0711 of the Revised Code.	50078

Notwithstanding division (C)(3) of section 3301.0711 of the	50079
Revised Code, no limited English proficient student who has not	50080
either attained the applicable scores designated under division	50081
(B)(1) of section 3301.0710 of the Revised Code on all the	50082
assessments required by that division, or met the requirements of	50083
the assessments under division (B)(2) of that section, shall be	50084
awarded a diploma under this section.	50085

Sec. 3313.615. This section shall apply to diplomas awarded	50086
after September 15, 2006, to students who are required to take the	50087
five Ohio graduation tests prescribed by division (B)(1) of	50088
section 3301.0710 of the Revised Code.	50089

(A) As an alternative to the requirement that a person attain	50090
the scores designated under division (B)(1) of section 3301.0710	50091
of the Revised Code on all the assessments required under that	50092
division in order to be eligible for a high school diploma or an	50093
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	50094
Revised Code or for a diploma of adult education under section	50095
3313.611 of the Revised Code, a person who has attained at least	50096
the applicable scores designated under division (B)(1) of section	50097
3301.0710 of the Revised Code on all but one of the assessments	50098
required by that division and from which the person was not	50099
excused or exempted, pursuant to division (L) of section 3313.61,	50100
division (B)(1) of section 3313.612, or section 3313.532 of the	50101
Revised Code, may be awarded a diploma or honors diploma if the	50102
person has satisfied all of the following conditions:	50103

(1) On the one assessment required under division (B)(1) of	50104
section 3301.0710 of the Revised Code for which the person failed	50105
to attain the designated score, the person missed that score by	50106
ten points or less;	50107

(2) Has a ninety-seven per cent school attendance rate in	50108
each of the last four school years, excluding any excused	50109
absences;	50110

(3) Has not been expelled from school under section 3313.66	50111
of the Revised Code in any of the last four school years;	50112

(4) Has a grade point average of at least 2.5 out of 4.0, or	50113
its equivalent as designated in rules adopted by the state board	50114
of education, in the subject area of the assessment required under	50115
division (B)(1) of section 3301.0710 of the Revised Code for which	50116
the person failed to attain the designated score;	50117

(5) Has completed the high school curriculum requirements	50118
prescribed in section 3313.603 of the Revised Code or has	50119
qualified under division (D) or (F) of that section;	50120

(6) Has taken advantage of any intervention programs provided	50121
by the school district or school in the subject area described in	50122
division (A)(4) of this section and has a ninety-seven per cent	50123
attendance rate, excluding any excused absences, in any of those	50124
programs that are provided at times beyond the normal school day,	50125
school week, or school year or has received comparable	50126
intervention services from a source other than the school district	50127
or school;	50128

(7) Holds a letter recommending graduation from each of the	50129
person's high school teachers in the subject area described in	50130
division (A)(4) of this section and from the person's high school	50131
principal.	50132

(B) The state board of education shall establish rules	50133
designating grade point averages equivalent to the average	50134
specified in division (A)(4) of this section for use by school	50135
districts and schools with different grading systems.	50136

(C) Any student who is exempt from attaining the applicable	50137
score designated under division (B)(1) of section 3301.0710 of the	50138
Revised Code on the Ohio graduation test in social studies	50139
pursuant to division (H) of section 3313.61 or division (B)~~(2)~~(3)	50140
of section 3313.612 of the Revised Code shall not qualify for a	50141
high school diploma under this section, unless, notwithstanding	50142
the exemption, the student attains the applicable score on that	50143
assessment. If the student attains the applicable score on that	50144
assessment, the student may qualify for a diploma under this	50145
section in the same manner as any other student who is required to	50146
take the five Ohio graduation tests prescribed by division (B)(1)	50147
of section 3301.0710 of the Revised Code.	50148

Sec. 3313.62. The school year shall begin on the first day	50149
of July of each calendar year and close on the thirtieth day of	50150
June of the succeeding calendar year. A school week shall consist	50151
of five days~~, and a school month of four school weeks~~. A chartered	50152
nonpublic school may be open for instruction with pupils in	50153
attendance on any day of the week, including Saturday or Sunday.	50154

Sec. 3313.64. (A) As used in this section and in section	50155
3313.65 of the Revised Code:	50156

(1)(a) Except as provided in division (A)(1)(b) of this	50157
section, "parent" means either parent, unless the parents are	50158
separated or divorced or their marriage has been dissolved or	50159
annulled, in which case "parent" means the parent who is the	50160
residential parent and legal custodian of the child. When a child	50161
is in the legal custody of a government agency or a person other	50162
than the child's natural or adoptive parent, "parent" means the	50163
parent with residual parental rights, privileges, and	50164
responsibilities. When a child is in the permanent custody of a	50165
government agency or a person other than the child's natural or	50166
adoptive parent, "parent" means the parent who was divested of	50167
parental rights and responsibilities for the care of the child and	50168
the right to have the child live with the parent and be the legal	50169
custodian of the child and all residual parental rights,	50170
privileges, and responsibilities.	50171

(b) When a child is the subject of a power of attorney	50172
executed under sections 3109.51 to 3109.62 of the Revised Code,	50173
"parent" means the grandparent designated as attorney in fact	50174
under the power of attorney. When a child is the subject of a	50175
caretaker authorization affidavit executed under sections 3109.64	50176
to 3109.73 of the Revised Code, "parent" means the grandparent	50177
that executed the affidavit.	50178

(2) "Legal custody," "permanent custody," and "residual	50179
parental rights, privileges, and responsibilities" have the same	50180
meanings as in section 2151.011 of the Revised Code.	50181

(3) "School district" or "district" means a city, local, or	50182
exempted village school district and excludes any school operated	50183
in an institution maintained by the department of youth services.	50184

(4) Except as used in division (C)(2) of this section, "home"	50185
means a home, institution, foster home, group home, or other	50186
residential facility in this state that receives and cares for	50187
children, to which any of the following applies:	50188

(a) The home is licensed, certified, or approved for such	50189
purpose by the state or is maintained by the department of youth	50190
services.	50191

(b) The home is operated by a person who is licensed,	50192
certified, or approved by the state to operate the home for such	50193
purpose.	50194

(c) The home accepted the child through a placement by a	50195
person licensed, certified, or approved to place a child in such a	50196
home by the state.	50197

(d) The home is a children's home created under section	50198
5153.21 or 5153.36 of the Revised Code.	50199

(5) "Agency" means all of the following:

50200

(a) A public children services agency;

50201

(b) An organization that holds a certificate issued by the	50202
Ohio department of job and family services in accordance with the	50203
requirements of section 5103.03 of the Revised Code and assumes	50204
temporary or permanent custody of children through commitment,	50205
agreement, or surrender, and places children in family homes for	50206
the purpose of adoption;	50207

(c) Comparable agencies of other states or countries that	50208
have complied with applicable requirements of section 2151.39 of	50209
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	50210
5103.23 to 5103.237 of the Revised Code.	50211

(6) A child is placed for adoption if either of the following	50212
occurs:	50213

(a) An agency to which the child has been permanently	50214
committed or surrendered enters into an agreement with a person	50215
pursuant to section 5103.16 of the Revised Code for the care and	50216
adoption of the child.	50217

(b) The child's natural parent places the child pursuant to	50218
section 5103.16 of the Revised Code with a person who will care	50219
for and adopt the child.	50220

(7) "Preschool child with a disability" has the same meaning	50221
as in section 3323.01 of the Revised Code.	50222

(8) "Child," unless otherwise indicated, includes preschool	50223
children with disabilities.	50224

(9) "Active duty" means active duty pursuant to an executive	50225
order of the president of the United States, an act of the	50226
congress of the United States, or section 5919.29 or 5923.21 of	50227
the Revised Code.	50228

(B) Except as otherwise provided in section 3321.01 of the	50229
Revised Code for admittance to kindergarten and first grade, a	50230
child who is at least five but under twenty-two years of age and	50231
any preschool child with a disability shall be admitted to school	50232
as provided in this division.	50233

(1) A child shall be admitted to the schools of the school	50234
district in which the child's parent resides.	50235

(2) AExcept as provided in division (B) of section 2151.362	50236
and section 3317.30 of the Revised Code, a child who does not	50237
reside in the district where the child's parent resides shall be	50238
admitted to the schools of the district in which the child resides	50239
if any of the following applies:	50240

(a) The child is in the legal or permanent custody of a	50241
government agency or a person other than the child's natural or	50242
adoptive parent.	50243

(b) The child resides in a home.

50244

50245

(3) A child who is not entitled under division (B)(2) of this	50246
section to be admitted to the schools of the district where the	50247
child resides and who is residing with a resident of this state	50248
with whom the child has been placed for adoption shall be admitted	50249
to the schools of the district where the child resides unless	50250
either of the following applies:	50251

(a) The placement for adoption has been terminated.

50252

(b) Another school district is required to admit the child	50253
under division (B)(1) of this section.	50254

Division (B) of this section does not prohibit the board of	50255
education of a school district from placing a child with a	50256
disability who resides in the district in a special education	50257
program outside of the district or its schools in compliance with	50258
Chapter 3323. of the Revised Code.	50259

(C) A district shall not charge tuition for children admitted	50260
under division (B)(1) or (3) of this section. If the district	50261
admits a child under division (B)(2) of this section, tuition	50262
shall be paid to the district that admits the child as provided in	50263
divisions (C)(1) to (3) of this section, unless division (C)(4) of	50264
this section applies to the child:	50265

(1) If the child receives special education in accordance	50266
with Chapter 3323. of the Revised Code, the school district of	50267
residence, as defined in section 3323.01 of the Revised Code,	50268
shall pay tuition for the child in accordance with section	50269
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	50270
regardless of who has custody of the child or whether the child	50271
resides in a home.	50272

(2) For a child that does not receive special education in	50273
accordance with Chapter 3323. of the Revised Code, except as	50274
otherwise provided in division (C)(2)(d) of this section, if the	50275
child is in the permanent or legal custody of a government agency	50276
or person other than the child's parent, tuition shall be paid by:	50277

(a) The district in which the child's parent resided at the	50278
time the court removed the child from home or at the time the	50279
court vested legal or permanent custody of the child in the person	50280
or government agency, whichever occurred first;	50281

(b) If the parent's residence at the time the court removed	50282
the child from home or placed the child in the legal or permanent	50283
custody of the person or government agency is unknown, tuition	50284
shall be paid by the district in which the child resided at the	50285
time the child was removed from home or placed in legal or	50286
permanent custody, whichever occurred first;	50287

(c) If a school district cannot be established under division	50288
(C)(2)(a) or (b) of this section, tuition shall be paid by the	50289
district determined as required by section 2151.362 of the Revised	50290
Code by the court at the time it vests custody of the child in the	50291
person or government agency;	50292

(d) If at the time the court removed the child from home or	50293
vested legal or permanent custody of the child in the person or	50294
government agency, whichever occurred first, one parent was in a	50295
residential or correctional facility or a juvenile residential	50296
placement and the other parent, if living and not in such a	50297
facility or placement, was not known to reside in this state,	50298
tuition shall be paid by the district determined under division	50299
(D) of section 3313.65 of the Revised Code as the district	50300
required to pay any tuition while the parent was in such facility	50301
or placement;	50302

(e) If the department of education has determined, pursuant	50303
to division (A)(2) of section 2151.362 of the Revised Code, that a	50304
school district other than the one named in the court's initial	50305
order, or in a prior determination of the department, is	50306
responsible to bear the cost of educating the child, the district	50307
so determined shall be responsible for that cost.	50308

(3) If the child is not in the permanent or legal custody of	50309
a government agency or person other than the child's parent and	50310
the child resides in a home, tuition shall be paid by one of the	50311
following:	50312

(a) The school district in which the child's parent resides;

50313

(b) If the child's parent is not a resident of this state,	50314
the home in which the child resides.	50315

(4) Division (C)(4) of this section applies to any child who	50316
is admitted to a school district under division (B)(2) of this	50317
section, resides in a home that is not a foster home or, a home	50318
maintained by the department of youth services, a detention	50319
facility established under section 2152.41 of the Revised Code, or	50320
a juvenile facility established under section 2151.65 of the	50321
Revised Code, receives educational services at the home or	50322
facility in which the child resides pursuant to a contract between	50323
the home or facility and the school district providing those	50324
services, and does not receive special education.	50325

In the case of a child to which division (C)(4) of this	50326
section applies, the total educational cost to be paid for the	50327
child shall be determined by a formula approved by the department	50328
of education, which formula shall be designed to calculate a per	50329
diem cost for the educational services provided to the child for	50330
each day the child is served and shall reflect the total actual	50331
cost incurred in providing those services. The department shall	50332
certify the total educational cost to be paid for the child to	50333
both the school district providing the educational services and,	50334
if different, the school district that is responsible to pay	50335
tuition for the child. The department shall deduct the certified	50336
amount from the state basic aid funds payable under Chapter 3317.	50337
of the Revised Code to the district responsible to pay tuition and	50338
shall pay that amount to the district providing the educational	50339
services to the child.	50340

(D) Tuition required to be paid under divisions (C)(2) and	50341
(3)(a) of this section shall be computed in accordance with	50342
section 3317.08 of the Revised Code. Tuition required to be paid	50343
under division (C)(3)(b) of this section shall be computed in	50344
accordance with section 3317.081 of the Revised Code. If a home	50345
fails to pay the tuition required by division (C)(3)(b) of this	50346
section, the board of education providing the education may	50347
recover in a civil action the tuition and the expenses incurred in	50348
prosecuting the action, including court costs and reasonable	50349
attorney's fees. If the prosecuting attorney or city director of	50350
law represents the board in such action, costs and reasonable	50351
attorney's fees awarded by the court, based upon the prosecuting	50352
attorney's, director's, or one of their designee's time spent	50353
preparing and presenting the case, shall be deposited in the	50354
county or city general fund.	50355

(E) A board of education may enroll a child free of any	50356
tuition obligation for a period not to exceed sixty days, on the	50357
sworn statement of an adult resident of the district that the	50358
resident has initiated legal proceedings for custody of the child.	50359

(F) In the case of any individual entitled to attend school	50360
under this division, no tuition shall be charged by the school	50361
district of attendance and no other school district shall be	50362
required to pay tuition for the individual's attendance.	50363
Notwithstanding division (B), (C), or (E) of this section:	50364

(1) All persons at least eighteen but under twenty-two years	50365
of age who live apart from their parents, support themselves by	50366
their own labor, and have not successfully completed the high	50367
school curriculum or the individualized education program	50368
developed for the person by the high school pursuant to section	50369
3323.08 of the Revised Code, are entitled to attend school in the	50370
district in which they reside.	50371

(2) Any child under eighteen years of age who is married is	50372
entitled to attend school in the child's district of residence.	50373

(3) A child is entitled to attend school in the district in	50374
which either of the child's parents is employed if the child has a	50375
medical condition that may require emergency medical attention.	50376
The parent of a child entitled to attend school under division	50377
(F)(3) of this section shall submit to the board of education of	50378
the district in which the parent is employed a statement from the	50379
child's physician certifying that the child's medical condition	50380
may require emergency medical attention. The statement shall be	50381
supported by such other evidence as the board may require.	50382

(4) Any child residing with a person other than the child's	50383
parent is entitled, for a period not to exceed twelve months, to	50384
attend school in the district in which that person resides if the	50385
child's parent files an affidavit with the superintendent of the	50386
district in which the person with whom the child is living resides	50387
stating all of the following:	50388

(a) That the parent is serving outside of the state in the	50389
armed services of the United States;	50390

(b) That the parent intends to reside in the district upon	50391
returning to this state;	50392

(c) The name and address of the person with whom the child is	50393
living while the parent is outside the state.	50394

(5) Any child under the age of twenty-two years who, after	50395
the death of a parent, resides in a school district other than the	50396
district in which the child attended school at the time of the	50397
parent's death is entitled to continue to attend school in the	50398
district in which the child attended school at the time of the	50399
parent's death for the remainder of the school year, subject to	50400
approval of that district board.	50401

(6) A child under the age of twenty-two years who resides	50402
with a parent who is having a new house built in a school district	50403
outside the district where the parent is residing is entitled to	50404
attend school for a period of time in the district where the new	50405
house is being built. In order to be entitled to such attendance,	50406
the parent shall provide the district superintendent with the	50407
following:	50408

(a) A sworn statement explaining the situation, revealing the	50409
location of the house being built, and stating the parent's	50410
intention to reside there upon its completion;	50411

(b) A statement from the builder confirming that a new house	50412
is being built for the parent and that the house is at the	50413
location indicated in the parent's statement.	50414

(7) A child under the age of twenty-two years residing with a	50415
parent who has a contract to purchase a house in a school district	50416
outside the district where the parent is residing and who is	50417
waiting upon the date of closing of the mortgage loan for the	50418
purchase of such house is entitled to attend school for a period	50419
of time in the district where the house is being purchased. In	50420
order to be entitled to such attendance, the parent shall provide	50421
the district superintendent with the following:	50422

(a) A sworn statement explaining the situation, revealing the	50423
location of the house being purchased, and stating the parent's	50424
intent to reside there;	50425

(b) A statement from a real estate broker or bank officer	50426
confirming that the parent has a contract to purchase the house,	50427
that the parent is waiting upon the date of closing of the	50428
mortgage loan, and that the house is at the location indicated in	50429
the parent's statement.	50430

The district superintendent shall establish a period of time	50431
not to exceed ninety days during which the child entitled to	50432
attend school under division (F)(6) or (7) of this section may	50433
attend without tuition obligation. A student attending a school	50434
under division (F)(6) or (7) of this section shall be eligible to	50435
participate in interscholastic athletics under the auspices of	50436
that school, provided the board of education of the school	50437
district where the student's parent resides, by a formal action,	50438
releases the student to participate in interscholastic athletics	50439
at the school where the student is attending, and provided the	50440
student receives any authorization required by a public agency or	50441
private organization of which the school district is a member	50442
exercising authority over interscholastic sports.	50443

(8) A child whose parent is a full-time employee of a city,	50444
local, or exempted village school district, or of an educational	50445
service center, may be admitted to the schools of the district	50446
where the child's parent is employed, or in the case of a child	50447
whose parent is employed by an educational service center, in the	50448
district that serves the location where the parent's job is	50449
primarily located, provided the district board of education	50450
establishes such an admission policy by resolution adopted by a	50451
majority of its members. Any such policy shall take effect on the	50452
first day of the school year and the effective date of any	50453
amendment or repeal may not be prior to the first day of the	50454
subsequent school year. The policy shall be uniformly applied to	50455
all such children and shall provide for the admission of any such	50456
child upon request of the parent. No child may be admitted under	50457
this policy after the first day of classes of any school year.	50458

(9) A child who is with the child's parent under the care of	50459
a shelter for victims of domestic violence, as defined in section	50460
3113.33 of the Revised Code, is entitled to attend school free in	50461
the district in which the child is with the child's parent, and no	50462
other school district shall be required to pay tuition for the	50463
child's attendance in that school district.	50464

The enrollment of a child in a school district under this	50465
division shall not be denied due to a delay in the school	50466
district's receipt of any records required under section 3313.672	50467
of the Revised Code or any other records required for enrollment.	50468
Any days of attendance and any credits earned by a child while	50469
enrolled in a school district under this division shall be	50470
transferred to and accepted by any school district in which the	50471
child subsequently enrolls. The state board of education shall	50472
adopt rules to ensure compliance with this division.	50473

(10) Any child under the age of twenty-two years whose parent	50474
has moved out of the school district after the commencement of	50475
classes in the child's senior year of high school is entitled,	50476
subject to the approval of that district board, to attend school	50477
in the district in which the child attended school at the time of	50478
the parental move for the remainder of the school year and for one	50479
additional semester or equivalent term. A district board may also	50480
adopt a policy specifying extenuating circumstances under which a	50481
student may continue to attend school under division (F)(10) of	50482
this section for an additional period of time in order to	50483
successfully complete the high school curriculum for the	50484
individualized education program developed for the student by the	50485
high school pursuant to section 3323.08 of the Revised Code.	50486

(11) As used in this division, "grandparent" means a parent	50487
of a parent of a child. A child under the age of twenty-two years	50488
who is in the custody of the child's parent, resides with a	50489
grandparent, and does not require special education is entitled to	50490
attend the schools of the district in which the child's	50491
grandparent resides, provided that, prior to such attendance in	50492
any school year, the board of education of the school district in	50493
which the child's grandparent resides and the board of education	50494
of the school district in which the child's parent resides enter	50495
into a written agreement specifying that good cause exists for	50496
such attendance, describing the nature of this good cause, and	50497
consenting to such attendance.	50498

In lieu of a consent form signed by a parent, a board of	50499
education may request the grandparent of a child attending school	50500
in the district in which the grandparent resides pursuant to	50501
division (F)(11) of this section to complete any consent form	50502
required by the district, including any authorization required by	50503
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	50504
Code. Upon request, the grandparent shall complete any consent	50505
form required by the district. A school district shall not incur	50506
any liability solely because of its receipt of a consent form from	50507
a grandparent in lieu of a parent.	50508

Division (F)(11) of this section does not create, and shall	50509
not be construed as creating, a new cause of action or substantive	50510
legal right against a school district, a member of a board of	50511
education, or an employee of a school district. This section does	50512
not affect, and shall not be construed as affecting, any	50513
immunities from defenses to tort liability created or recognized	50514
by Chapter 2744. of the Revised Code for a school district,	50515
member, or employee.	50516

(12) A child under the age of twenty-two years is entitled to	50517
attend school in a school district other than the district in	50518
which the child is entitled to attend school under division (B),	50519
(C), or (E) of this section provided that, prior to such	50520
attendance in any school year, both of the following occur:	50521

(a) The superintendent of the district in which the child is	50522
entitled to attend school under division (B), (C), or (E) of this	50523
section contacts the superintendent of another district for	50524
purposes of this division;	50525

(b) The superintendents of both districts enter into a	50526
written agreement that consents to the attendance and specifies	50527
that the purpose of such attendance is to protect the student's	50528
physical or mental well-being or to deal with other extenuating	50529
circumstances deemed appropriate by the superintendents.	50530

While an agreement is in effect under this division for a	50531
student who is not receiving special education under Chapter 3323.	50532
of the Revised Code and notwithstanding Chapter 3327. of the	50533
Revised Code, the board of education of neither school district	50534
involved in the agreement is required to provide transportation	50535
for the student to and from the school where the student attends.	50536

A student attending a school of a district pursuant to this	50537
division shall be allowed to participate in all student	50538
activities, including interscholastic athletics, at the school	50539
where the student is attending on the same basis as any student	50540
who has always attended the schools of that district while of	50541
compulsory school age.	50542

(13) All school districts shall comply with the	50543
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	50544
seq., for the education of homeless children. Each city, local,	50545
and exempted village school district shall comply with the	50546
requirements of that act governing the provision of a free,	50547
appropriate public education, including public preschool, to each	50548
homeless child.	50549

When a child loses permanent housing and becomes a homeless	50550
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	50551
such a homeless person changes temporary living arrangements, the	50552
child's parent or guardian shall have the option of enrolling the	50553
child in either of the following:	50554

(a) The child's school of origin, as defined in 42 U.S.C.A.	50555
11432(g)(3)(C);	50556

(b) The school that is operated by the school district in	50557
which the shelter where the child currently resides is located and	50558
that serves the geographic area in which the shelter is located.	50559

(14) A child under the age of twenty-two years who resides	50560
with a person other than the child's parent is entitled to attend	50561
school in the school district in which that person resides if both	50562
of the following apply:	50563

(a) That person has been appointed, through a military power	50564
of attorney executed under section 574(a) of the "National Defense	50565
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	50566
U.S.C. 1044b, or through a comparable document necessary to	50567
complete a family care plan, as the parent's agent for the care,	50568
custody, and control of the child while the parent is on active	50569
duty as a member of the national guard or a reserve unit of the	50570
armed forces of the United States or because the parent is a	50571
member of the armed forces of the United States and is on a duty	50572
assignment away from the parent's residence.	50573

(b) The military power of attorney or comparable document	50574
includes at least the authority to enroll the child in school.	50575

The entitlement to attend school in the district in which the	50576
parent's agent under the military power of attorney or comparable	50577
document resides applies until the end of the school year in which	50578
the military power of attorney or comparable document expires.	50579

(G) A board of education, after approving admission, may	50580
waive tuition for students who will temporarily reside in the	50581
district and who are either of the following:	50582

(1) Residents or domiciliaries of a foreign nation who	50583
request admission as foreign exchange students;	50584

(2) Residents or domiciliaries of the United States but not	50585
of Ohio who request admission as participants in an exchange	50586
program operated by a student exchange organization.	50587

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	50588
3327.04, and 3327.06 of the Revised Code, a child may attend	50589
school or participate in a special education program in a school	50590
district other than in the district where the child is entitled to	50591
attend school under division (B) of this section.	50592

(I)(1) Notwithstanding anything to the contrary in this	50593
section or section 3313.65 of the Revised Code, a child under	50594
twenty-two years of age may attend school in the school district	50595
in which the child, at the end of the first full week of October	50596
of the school year, was entitled to attend school as otherwise	50597
provided under this section or section 3313.65 of the Revised	50598
Code, if at that time the child was enrolled in the schools of the	50599
district but since that time the child or the child's parent has	50600
relocated to a new address located outside of that school district	50601
and within the same county as the child's or parent's address	50602
immediately prior to the relocation. The child may continue to	50603
attend school in the district, and at the school to which the	50604
child was assigned at the end of the first full week of October of	50605
the current school year, for the balance of the school year.	50606
Division (I)(1) of this section applies only if both of the	50607
following conditions are satisfied:	50608

(a) The board of education of the school district in which	50609
the child was entitled to attend school at the end of the first	50610
full week in October and of the district to which the child or	50611
child's parent has relocated each has adopted a policy to enroll	50612
children described in division (I)(1) of this section.	50613

(b) The child's parent provides written notification of the	50614
relocation outside of the school district to the superintendent of	50615
each of the two school districts.	50616

(2) At the beginning of the school year following the school	50617
year in which the child or the child's parent relocated outside of	50618
the school district as described in division (I)(1) of this	50619
section, the child is not entitled to attend school in the school	50620
district under that division.	50621

(3) Any person or entity owing tuition to the school district	50622
on behalf of the child at the end of the first full week in	50623
October, as provided in division (C) of this section, shall	50624
continue to owe such tuition to the district for the child's	50625
attendance under division (I)(1) of this section for the lesser of	50626
the balance of the school year or the balance of the time that the	50627
child attends school in the district under division (I)(1) of this	50628
section.	50629

(4) A pupil who may attend school in the district under	50630
division (I)(1) of this section shall be entitled to	50631
transportation services pursuant to an agreement between the	50632
district and the district in which the child or child's parent has	50633
relocated unless the districts have not entered into such	50634
agreement, in which case the child shall be entitled to	50635
transportation services in the same manner as a pupil attending	50636
school in the district under interdistrict open enrollment as	50637
described in division (H) of section 3313.981 of the Revised Code,	50638
regardless of whether the district has adopted an open enrollment	50639
policy as described in division (B)(1)(b) or (c) of section	50640
3313.98 of the Revised Code.	50641

(J) This division does not apply to a child receiving special	50642
education.	50643

A school district required to pay tuition pursuant to	50644
division (C)(2) or (3) of this section or section 3313.65 of the	50645
Revised Code shall have an amount deducted under division (C) of	50646
section 3317.023 of the Revised Code equal to its own tuition rate	50647
for the same period of attendance. A school district entitled to	50648
receive tuition pursuant to division (C)(2) or (3) of this section	50649
or section 3313.65 of the Revised Code shall have an amount	50650
credited under division (C) of section 3317.023 of the Revised	50651
Code equal to its own tuition rate for the same period of	50652
attendance. If the tuition rate credited to the district of	50653
attendance exceeds the rate deducted from the district required to	50654
pay tuition, the department of education shall pay the district of	50655
attendance the difference from amounts deducted from all	50656
districts' payments under division (C) of section 3317.023 of the	50657
Revised Code but not credited to other school districts under such	50658
division and from appropriations made for such purpose. The	50659
treasurer of each school district shall, by the fifteenth day of	50660
January and July, furnish the superintendent of public instruction	50661
a report of the names of each child who attended the district's	50662
schools under divisions (C)(2) and (3) of this section or section	50663
3313.65 of the Revised Code during the preceding six calendar	50664
months, the duration of the attendance of those children, the	50665
school district responsible for tuition on behalf of the child,	50666
and any other information that the superintendent requires.	50667

Upon receipt of the report the superintendent, pursuant to	50668
division (C) of section 3317.023 of the Revised Code, shall deduct	50669
each district's tuition obligations under divisions (C)(2) and (3)	50670
of this section or section 3313.65 of the Revised Code and pay to	50671
the district of attendance that amount plus any amount required to	50672
be paid by the state.	50673

(K) In the event of a disagreement, the superintendent of	50674
public instruction shall determine the school district in which	50675
the parent resides.	50676

(L) Nothing in this section requires or authorizes, or shall	50677
be construed to require or authorize, the admission to a public	50678
school in this state of a pupil who has been permanently excluded	50679
from public school attendance by the superintendent of public	50680
instruction pursuant to sections 3301.121 and 3313.662 of the	50681
Revised Code.	50682

(M) In accordance with division (B)(1) of this section, a	50683
child whose parent is a member of the national guard or a reserve	50684
unit of the armed forces of the United States and is called to	50685
active duty, or a child whose parent is a member of the armed	50686
forces of the United States and is ordered to a temporary duty	50687
assignment outside of the district, may continue to attend school	50688
in the district in which the child's parent lived before being	50689
called to active duty or ordered to a temporary duty assignment	50690
outside of the district, as long as the child's parent continues	50691
to be a resident of that district, and regardless of where the	50692
child lives as a result of the parent's active duty status or	50693
temporary duty assignment. However, the district is not	50694
responsible for providing transportation for the child if the	50695
child lives outside of the district as a result of the parent's	50696
active duty status or temporary duty assignment.	50697

Sec. 3313.646. (A) The board of education of a school	50698
district, except a cooperative education district established	50699
pursuant to section 3311.521 of the Revised Code, may establish	50700
and operate a ~~preschool~~ program to provide services to	50701
preschool-age children, provided the board has demonstrated a need	50702
for the program. A board may use school funds in support of	50703
preschool programs. The board shall maintain, operate, and admit	50704
children to any such program pursuant to rules adopted by such	50705
board and the rules of the state board of education adopted under	50706
sections 3301.52 to 3301.57 of the Revised Code.	50707

A board of education may establish fees or tuition, which may	50708
be graduated in proportion to family income, for participation in	50709
a preschool program. In cases where payment of fees or tuition	50710
would create a hardship for the child's parent or guardian, the	50711
board may waive any such fees or tuition.	50712

(B) No board of education that is not receiving funds under	50713
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	50714
March 17, 1989, shall compete for funds under the "Head Start Act"	50715
with any grantee receiving funds under that act.	50716

(C) A board of education may contract with any of the	50717
following preschool providers to provide ~~preschool programs~~	50718
services to preschool-age children, other than ~~programs for units~~	50719
~~described by divisions (B) and (C) of~~those services for which the	50720
district is eligible to receive funding under section ~~3317.05~~	50721
3317.0213 of the Revised Code~~, for children of the school~~	50722
~~district~~:	50723

(1) Any organization receiving funds under the "Head Start	50724
Act";	50725

(2) Any nonsectarian eligible nonpublic school as defined in	50726
division (H) of section 3301.52 of the Revised Code;	50727

(3) Any child care provider licensed under Chapter 5104. of	50728
the Revised Code.	50729

Boards may contract to provide ~~preschool programs~~services to	50730
preschool-age children only with such organizations whose staff	50731
meet the requirements of rules adopted under section 3301.53 of	50732
the Revised Code or those of the child development associate	50733
credential established by the national association for the	50734
education of young children.	50735

(D) A contract entered into under division (C) of this	50736
section may provide for the board of education to lease school	50737
facilities to the preschool provider or to furnish transportation,	50738
utilities, or staff for the preschool program.	50739

(E) The treasurer of any board of education operating a	50740
preschool program pursuant to this section shall keep an account	50741
of all funds used to operate the program in the same manner as the	50742
treasurer would any other funds of the district pursuant to this	50743
chapter.	50744

Sec. 3313.65. (A) As used in this section and section	50745
3313.64 of the Revised Code:	50746

(1) A person is "in a residential facility" if the person is	50747
a resident or a resident patient of an institution, home, or other	50748
residential facility that is:	50749

(a) Licensed as a nursing home, residential care facility, or	50750
home for the aging by the director of health under section 3721.02	50751
of the Revised Code;	50752

(b) Maintained as a county home or district home by the board	50753
of county commissioners or a joint board of county commissioners	50754
under Chapter 5155. of the Revised Code;	50755

(c) Operated or administered by a board of alcohol, drug	50756
addiction, and mental health services under section 340.03 or	50757
~~340.06~~ of the Revised Code, or provides residential care pursuant	50758
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	50759
Code;	50760

(d) Maintained as a state institution for the mentally ill	50761
under Chapter 5119. of the Revised Code;	50762

(e) Licensed by the department of ~~mental health~~mental health	50763
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	50764
5119.34 of the Revised Code;	50765

(f) Licensed as a residential facility by the department of	50766
developmental disabilities under section 5123.19 of the Revised	50767
Code;	50768

(g) Operated by the veteran's administration or another	50769
agency of the United States government;	50770

(h) Operated by the Ohio veterans' home.

50771

(2) A person is "in a correctional facility" if any of the	50772
following apply:	50773

(a) The person is an Ohio resident and is:

50774

(i) Imprisoned, as defined in section 1.05 of the Revised	50775
Code;	50776

(ii) Serving a term in a community-based correctional	50777
facility or a district community-based correctional facility;	50778

(iii) Required, as a condition of parole, a post-release	50779
control sanction, a community control sanction, transitional	50780
control, or early release from imprisonment, as a condition of	50781
shock parole or shock probation granted under the law in effect	50782
prior to July 1, 1996, or as a condition of a furlough granted	50783
under the version of section 2967.26 of the Revised Code in effect	50784
prior to March 17, 1998, to reside in a halfway house or other	50785
community residential center licensed under section 2967.14 of the	50786
Revised Code or a similar facility designated by the court of	50787
common pleas that established the condition or by the adult parole	50788
authority.	50789

(b) The person is imprisoned in a state correctional	50790
institution of another state or a federal correctional institution	50791
but was an Ohio resident at the time the sentence was imposed for	50792
the crime for which the person is imprisoned.	50793

(3) A person is "in a juvenile residential placement" if the	50794
person is an Ohio resident who is under twenty-one years of age	50795
and has been removed, by the order of a juvenile court, from the	50796
place the person resided at the time the person became subject to	50797
the court's jurisdiction in the matter that resulted in the	50798
person's removal.	50799

(4) "Community control sanction" has the same meaning as in	50800
section 2929.01 of the Revised Code.	50801

(5) "Post-release control sanction" has the same meaning as	50802
in section 2967.01 of the Revised Code.	50803

(B) If the circumstances described in division (C) of this	50804
section apply, the determination of what school district must	50805
admit a child to its schools and what district, if any, is liable	50806
for tuition shall be made in accordance with this section, rather	50807
than section 3313.64 of the Revised Code.	50808

(C) A child who does not reside in the school district in	50809
which the child's parent resides and for whom a tuition obligation	50810
previously has not been established under division (C)(2) of	50811
section 3313.64 of the Revised Code shall be admitted to the	50812
schools of the district in which the child resides if at least one	50813
of the child's parents is in a residential or correctional	50814
facility or a juvenile residential placement and the other parent,	50815
if living and not in such a facility or placement, is not known to	50816
reside in this state.	50817

(D) Regardless of who has custody or care of the child,	50818
whether the child resides in a home, or whether the child receives	50819
special education, if a district admits a child under division (C)	50820
of this section, tuition shall be paid to that district as	50821
follows:	50822

(1) If the child's parent is in a juvenile residential	50823
placement, by the district in which the child's parent resided at	50824
the time the parent became subject to the jurisdiction of the	50825
juvenile court;	50826

(2) If the child's parent is in a correctional facility, by	50827
the district in which the child's parent resided at the time the	50828
sentence was imposed;	50829

(3) If the child's parent is in a residential facility, by	50830
the district in which the parent resided at the time the parent	50831
was admitted to the residential facility, except that if the	50832
parent was transferred from another residential facility, tuition	50833
shall be paid by the district in which the parent resided at the	50834
time the parent was admitted to the facility from which the parent	50835
first was transferred;	50836

(4) In the event of a disagreement as to which school	50837
district is liable for tuition under division (C)(1), (2), or (3)	50838
of this section, the superintendent of public instruction shall	50839
determine which district shall pay tuition.	50840

(E) If a child covered by division (D) of this section	50841
receives special education in accordance with Chapter 3323. of the	50842
Revised Code, the tuition shall be paid in accordance with section	50843
3323.13 or 3323.14 of the Revised Code. Tuition for children who	50844
do not receive special education shall be paid in accordance with	50845
division (J) of section 3313.64 of the Revised Code.	50846

Sec. 3313.714. (A) As used in this section:

50847

(1) "Board of education" means the board of education of a	50848
city, local, exempted village, or joint vocational school	50849
district.	50850

(2) "Healthcheck" means the early and periodic screening,	50851
diagnosis, and treatment program, a component of the ~~medical~~	50852
~~assistance~~medicaid program ~~established under Title XIX of the~~	50853
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	50854
~~amended, and Chapter 5111. of the Revised Code~~.	50855

(3) "Pupil" means a person under age twenty-two enrolled in	50856
the schools of a city, local, exempted village, or joint	50857
vocational school district.	50858

(4) "Parent" means either parent with the following	50859
exceptions:	50860

(a) If one parent has custody by court order, "parent" means	50861
the parent with custody.	50862

(b) If neither parent has legal custody, "parent" means the	50863
person or government entity with legal custody.	50864

(c) The child's legal guardian or a person who has accepted	50865
responsibility for the health, safety, and welfare of the child.	50866

(B) At the request of the department of ~~job and family~~	50867
~~services~~medicaid, a board of education shall establish and	50868
conduct a healthcheck program for pupils enrolled in the schools	50869
of the district who are medicaid recipients ~~of medical assistance~~	50870
~~under Chapter 5111. of the Revised Code~~. At the request of a board	50871
of education, the department may authorize the board to establish	50872
a healthcheck program. A board that establishes a healthcheck	50873
program shall enter into a ~~medical assistance~~medicaid provider	50874
agreement with the department.	50875

A healthcheck program established by a board of education	50876
shall be conducted in accordance with rules adopted by the	50877
medicaid director ~~of job and family services~~ under division (F) of	50878
this section. The healthcheck program shall include all of the	50879
following components:	50880

(1) A comprehensive health and development history;

50881

(2) A comprehensive physical examination;

50882

(3) A developmental assessment;

50883

(4) A nutritional assessment;

50884

(5) A vision assessment;

50885

(6) A hearing assessment;

50886

(7) An immunization assessment;

50887

(8) Lead screening and laboratory tests ordered by a doctor	50888
of medicine or osteopathic medicine as part of one of the other	50889
components;	50890

(9) Such other assessment as may be required by the	50891
department of ~~job and family services~~medicaid in accordance with	50892
the requirements of the healthcheck program.	50893

All services included in a board of education's healthcheck	50894
program that the board provided under sections 3313.67, 3313.673,	50895
3313.68, 3313.69, and 3313.71 of the Revised Code during the	50896
1990-1991 school year shall continue to be provided to ~~medical~~	50897
~~assistance~~medicaid recipients by the board pursuant to those	50898
sections. The services shall be considered part of the healthcheck	50899
program for medicaid recipients ~~of medical assistance~~, and the	50900
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	50901
department in accordance with this division for providing the	50902
services.	50903

The department shall ~~reimburse~~pay boards of education for	50904
healthcheck program services provided under this division at the	50905
rates paid under the ~~medical assistance~~medicaid program to	50906
physicians, dentists, nurses, and other providers of healthcheck	50907
services.	50908

(C) Each board of education that conducts a healthcheck	50909
program shall determine for each pupil enrolled in the schools of	50910
the district whether the pupil is a ~~medical assistance~~medicaid	50911
recipient. The department of ~~job and family services~~medicaid and	50912
county departments of ~~human services~~job and family services shall	50913
assist the board in making these determinations. Except as	50914
necessary to carry out the purposes of this section, all	50915
information received by a board under this division shall be	50916
confidential.	50917

Before the first day of October of each year, each board that	50918
conducts a healthcheck program shall send the parent of each pupil	50919
who is under age eighteen and a medicaid recipient ~~of medical~~	50920
~~assistance~~ notice that the pupil will be examined under the	50921
district's healthcheck program unless the parent notifies the	50922
board that the parent denies consent for the examination. The	50923
notice shall include a form to be used by the parent to indicate	50924
that the parent denies consent. The denial shall be effective only	50925
if the form is signed by the parent and returned to the board or	50926
the school in which the pupil is enrolled. If the parent does not	50927
return a signed form indicating denial of consent within two weeks	50928
after the date the notice is sent, the school district and the	50929
department of ~~job and family services~~medicaid shall deem the	50930
parent to have consented to examination of the parent's child	50931
under the healthcheck program. In the case of a pupil age eighteen	50932
or older, the notice shall be given to the pupil, and the school	50933
district and the department of ~~job and family services~~medicaid	50934
shall deem the pupil to have consented to examination unless the	50935
pupil returns the signed form indicating the pupil's denial of	50936
consent.	50937

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

50938

(a) "Nonfederal share" means the portion of expenditures for	50939
services that is required under the ~~medical assistance~~medicaid	50940
program to be paid for with state or local government funds.	50941

(b) "Federal financial participation" means the portion of	50942
expenditures for services that is ~~reimbursed~~payable under the	50943
~~medical assistance~~medicaid program with federal funds.	50944

(2) At the request of a board of education, the state	50945
department may enter into an agreement with the board under which	50946
the board provides medical services to a medicaid recipient of	50947
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	50948
~~assistance~~medicaid program but not under the healthcheck program.	50949
The agreement may be for a term specified in the agreement and	50950
renewable by mutual consent of the board and the department, or	50951
may continue in force as long as agreeable to the board and the	50952
department.	50953

The board shall use state or local funds of the district to	50954
pay the nonfederal share of expenditures for services provided	50955
under this division. Prior to entering into or renewing an	50956
agreement and at any other time requested by the department while	50957
the agreement is in force, the board shall certify to the	50958
department in accordance with the rules adopted under division (F)	50959
of this section that it will have sufficient state or local funds	50960
to pay the nonfederal share of expenditures under this division.	50961
If the board fails to make the certification, the department shall	50962
not enter into or renew the agreement. If an agreement has been	50963
entered into, it shall be void unless the board makes the	50964
certification not later than fifteen days after receiving notice	50965
from the department that the certification is due. The board shall	50966
report to the department, in accordance with the rules, the amount	50967
of state or local funds it spends to provide services under this	50968
division.	50969

The department shall ~~reimburse~~pay the board the federal	50970
financial participation allowed for the board's expenditures for	50971
services under this division. The total of the nonfederal share	50972
spent by the board and the federal financial participation	50973
~~reimbursed~~paid by the department for a service rendered under	50974
this division shall be an amount agreed to by the board and the	50975
department, but shall not exceed the maximum ~~reimbursable~~payable	50976
amount for that service under rules adopted ~~by the director of job~~	50977
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	50978
Revised Code. The rules adopted under division (F) of this section	50979
shall include procedures under which the department will recover	50980
from a board overpayments and subsequent federal audit	50981
disallowances of federal financial participation ~~reimbursed~~paid	50982
by the department.	50983

(E) A board of education shall provide services under	50984
division (D) of this section and under its healthcheck program as	50985
provided in division (E)(1), (2), or (3) of this section:	50986

(1) By having the services performed by physicians, dentists,	50987
and nurses employed by the board;	50988

(2) By contracting with physicians, dentists, nurses, and	50989
other providers of services who have ~~medical assistance~~medicaid	50990
provider agreements with the department of ~~job and family services~~	50991
medicaid;	50992

(3) By having some of the services performed by persons	50993
described in division (E)(1) of this section and others performed	50994
by persons described in division (E)(2) of this section.	50995

(F) The medicaid director ~~of job and family services~~ shall	50996
adopt rules in accordance with Chapter 119. of the Revised Code	50997
governing healthcheck programs conducted under this section and	50998
services provided under division (D) of this section.	50999

Sec. 3313.715. The board of education of a school district	51000
may request from the director of developmental disabilities the	51001
appropriate identification numbers for all students residing in	51002
the district who are ~~medical assistance~~medicaid recipients ~~under~~	51003
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	51004
numbers upon receipt of lists of student names furnished by the	51005
district board, in such form as the director may require.	51006

The medicaid director ~~of job and family services~~ shall	51007
provide the director of developmental disabilities with the data	51008
necessary for compliance with this section.	51009

Section 3319.321 of the Revised Code does not apply to the	51010
release of student names or other data to the director of	51011
developmental disabilities for the purposes of this section.	51012
Chapter 1347. of the Revised Code does not apply to information	51013
required to be kept by a school board or the departments of ~~job~~	51014
~~and family services~~medicaid or developmental disabilities to the	51015
extent necessary to comply with this section and section 3313.714	51016
of the Revised Code. However, any such information or data shall	51017
be used only for the specific legal purposes of such boards and	51018
departments and shall not be released to any unauthorized person.	51019

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	51020
operating more cost effectively, minimizing administrative	51021
overhead, encouraging the sharing of resource development, and	51022
diminishing duplication, the boards of education of two or more	51023
city, local, or exempted village school districts each having a	51024
majority of its territory in a county with a population greater	51025
than one million two hundred thousand, by adopting identical	51026
resolutions, may enter into an agreement providing for the	51027
creation of a regional student education district for the purpose	51028
of funding the following for students enrolled in those school	51029
districts, including students diagnosed as autistic and students	51030
with special needs, and their immediate family members:	51031

(a) Special education services;

51032

(b) Behavioral health services for persons with special	51033
needs.	51034

If more than eight boards of education adopt resolutions to	51035
form a regional student education district, the boards may meet at	51036
facilities of the educational service center of the county to	51037
discuss membership in the district.	51038

(2) The territory of a regional student education district at	51039
any time shall be composed of the combined territories of the	51040
school districts that are parties to the agreement at that time.	51041
Services funded by a regional student education district shall be	51042
available to all individuals enrolled in a school district that is	51043
a part of the regional student education district and members of	51044
their immediate family.	51045

(3) The agreement may be amended pursuant to terms and	51046
procedures mutually agreed to by the boards of education that are	51047
parties to the agreement.	51048

(B) Each regional student education district shall be	51049
governed by a board of directors. The superintendent of each board	51050
of education that is a party to the agreement shall serve on the	51051
board of directors. The agreement shall provide for the terms of	51052
office of directors. Directors shall receive no compensation, but	51053
shall be reimbursed, from the special fund of the regional student	51054
education district, for the reasonable and necessary expenses they	51055
incur in the performance of their duties for the district. The	51056
agreement shall provide for the conduct of the board's initial	51057
organizational meeting and for the frequency of subsequent	51058
meetings and quorum requirements. At its first meeting, the board	51059
shall designate from among its members a president and secretary	51060
in the manner provided in the agreement.	51061

The board of directors of a regional student education	51062
district is a body corporate and politic, is capable of suing and	51063
being sued, is capable of contracting within the limits of this	51064
section and the agreement governing the district, and is capable	51065
of accepting gifts, donations, bequests, or other grants of money	51066
for use in paying its expenses. The district is a public office	51067
and its directors are public officials within the meaning of	51068
section 117.01 of the Revised Code, the board of directors is a	51069
public body within the meaning of section 121.22 of the Revised	51070
Code, and records of the board and of the district are public	51071
records within the meaning of section 149.43 of the Revised Code.	51072

The agreement shall require the board to designate a	51073
permanent location for its offices and meeting place, and may	51074
provide for the use of such facilities and property for the	51075
provision of services by the agencies with which the board	51076
contracts under division (C) of this section.	51077

(C)(1) To provide the services identified in division (A)(1)	51078
of this section, the board of directors of a regional student	51079
education district shall provide for the hiring of employees or	51080
shall contract with one or more entities. Except as provided in	51081
division (C)(2) of this section, any entity with which the board	51082
of directors contracts to provide the services identified in	51083
division (A)(1)(b) of this section shall be a qualified nonprofit,	51084
nationally accredited agency to which both of the following apply:	51085

(a) The agency is licensed or certified by the departments of	51086
~~mental health,~~mental health and addiction services and job and	51087
family services~~, and alcohol and drug addiction services~~.	51088

(b) The agency provides school-based behavioral health	51089
services.	51090

(2) The board of directors may contract with an entity that	51091
does not meet the conditions stated in division (C)(1) of this	51092
section if the services to be provided by the entity are only	51093
incidental to the services identified in division (A)(1)(b) of	51094
this section.	51095

(3) The board of directors may levy a tax throughout the	51096
district as provided in section 5705.2111 of the Revised Code. The	51097
board of directors shall provide for the creation of a special	51098
fund to hold the proceeds of any tax levied under section	51099
5705.2111 of the Revised Code and any gifts, donations, bequests,	51100
or other grants of money coming into the possession of the	51101
district. A regional student education district is a subdivision,	51102
and the board of directors is a governing body, within the meaning	51103
of section 135.01 of the Revised Code. The board of directors may	51104
not issue securities or otherwise incur indebtedness.	51105

(4) The adoption or rejection by electors of a tax levy to	51106
fund a regional student education district pursuant to section	51107
5705.2111 of the Revised Code does not alter the duty of each	51108
school district member of the regional student education district	51109
to provide special education and related services as required	51110
under Chapter 3323. of the Revised Code. On the expiration of a	51111
regional student education district levy, the state, member school	51112
districts of the regional student education district, and any	51113
other governmental entity shall not be obligated to provide	51114
replacement funding for the revenues under the expired levy. The	51115
tax levy, in whole or in part, shall not be considered a levy for	51116
current operating expenses pursuant to division (A) of section	51117
3317.01 of the Revised Code for any of the school districts that	51118
are members of the regional student education district.	51119

(D)(1) The agreement shall provide for the manner of	51120
appointing an individual or entity to perform the duties of fiscal	51121
officer of the regional student education district. The agreement	51122
shall specify the length of time the individual or entity shall	51123
perform those duties and whether the individual or entity may be	51124
reappointed upon the completion of a term. The fiscal officer may	51125
receive compensation for performing the duties of the position and	51126
be reimbursed for reasonable expenses of performing those duties	51127
from the regional student education district's special fund.	51128

(2) The legal advisor of the board of directors of a regional	51129
student education district shall be the prosecuting attorney of	51130
the most populous county containing a school district that is a	51131
member of the regional student education district. The prosecuting	51132
attorney shall prosecute all actions against a member of the board	51133
of directors for malfeasance or misfeasance in office and shall be	51134
the legal counsel for the board and its members in all other	51135
actions brought by or against them and shall conduct those actions	51136
in the prosecuting attorney's official capacity. No compensation	51137
in addition to the prosecuting attorney's regular salary shall be	51138
allowed.	51139

(E) The board of directors of a regional student education	51140
district shall procure a policy or policies of insurance insuring	51141
the board, the fiscal officer, and the legal representative	51142
against liability on account of damage or injury to persons and	51143
property. Before procuring such insurance the board shall adopt a	51144
resolution setting forth the amount of insurance to be purchased,	51145
the necessity of the insurance, and a statement of its estimated	51146
premium cost. Insurance procured pursuant to this section shall be	51147
from one or more recognized insurance companies authorized to do	51148
business in this state. The cost of the insurance shall be paid	51149
from the district's special fund.	51150

A regional student education district is a political	51151
subdivision within the meaning of section 2744.01 of the Revised	51152
Code.	51153

(F)(1) The board of education of a school district having a	51154
majority of its territory in the county may join an existing	51155
regional student education district by adopting a resolution	51156
requesting to join as a party to the agreement and upon approval	51157
by the boards of education that currently are parties to the	51158
agreement. If a tax is levied in the regional student education	51159
district under section 5705.2111 of the Revised Code, a board of	51160
education may join the district only after a majority of qualified	51161
electors in the school district voting on the question vote in	51162
favor of levying the tax throughout the school district. A board	51163
of education joining an existing district shall have the same	51164
powers, rights, and obligations under the agreement as other	51165
boards of education that are parties to the agreement.	51166

(2) A board of education that is a party to an agreement	51167
under this section may withdraw the school district from a	51168
regional student education district by adopting a resolution. The	51169
withdrawal shall take effect on the date provided in the	51170
resolution. If a tax is levied in the regional student education	51171
district under section 5705.2111 of the Revised Code, the	51172
resolution shall take effect not later than the first day of	51173
January following adoption of the resolution. Beginning with the	51174
first day of January following adoption of the resolution, any tax	51175
levied under section 5705.2111 of the Revised Code shall not be	51176
levied within the territory of the withdrawing school district.	51177
Any collection of tax levied in the territory of the withdrawing	51178
school district under that section that has not been settled and	51179
distributed when the resolution takes effect shall be credited to	51180
the district's special fund.	51181

(G) An agreement entered into under this section shall	51182
provide for the manner of the regional student education	51183
district's dissolution. The district shall cease to exist when not	51184
more than one school district remains in the district, and the	51185
levy of any tax under section 5705.2111 of the Revised Code shall	51186
not be extended on the tax lists in any tax year beginning after	51187
the dissolution of the district. The agreement shall provide that,	51188
upon dissolution of the district, any unexpended balance in the	51189
district's special fund shall be divided among the school	51190
districts that are parties to the agreement immediately before	51191
dissolution in proportion to the taxable valuation of taxable	51192
property in the districts, and credited to their respective	51193
general funds.	51194

Sec. 3313.841. The boards of education and governing boards	51195
of two or more city, local, joint vocational, or exempted village	51196
school districts or educational service centers may contract in	51197
accordance with the terms of this section for the sharing on a	51198
cooperative basis of the services of supervisory teachers, special	51199
instruction teachers, special education teachers, and other	51200
licensed personnel necessary to conduct approved cooperative	51201
classes for special education and related services and gifted	51202
education.	51203

The boards of two or more districts or service centers	51204
desiring to enroll students in such classes shall each adopt	51205
resolutions indicating such desire and designating one of the	51206
participating districts or service centers as the funding agent	51207
for purposes of this section. The district or service center	51208
designated as the funding agent shall enter into an employment	51209
contract with each licensed teacher whose services are to be	51210
shared among the participating districts and service centers. In	51211
turn, the funding agent shall enter into contracts with each of	51212
the districts and service centers which have adopted resolutions	51213
agreeing to participate in the cooperative program upon terms	51214
agreed to by all parties to such contract. Such contracts between	51215
districts and service centers shall set forth the services to be	51216
provided by the licensed teacher employed by the funding agent	51217
whose services are to be shared by the participating districts and	51218
service centers and the basis for computing the amounts to be paid	51219
for such services to the funding agent by the participating	51220
districts and service centers.	51221

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	51222
the Revised Code, the funding agent shall count all pupils	51223
enrolled in cooperative programs for pupils with disabilities as	51224
pupils enrolled in such programs in the funding agent district.	51225
Upon receipt of payment for such programs, the funding agent	51226
district shall credit the account of districts participating in	51227
the cooperative program for the amounts due under contracts	51228
entered into under the terms of this section in proportion to the	51229
number of resident students enrolled in the cooperative program	51230
from each participating district and service center.	51231

In determining the terms of the contract entered into by the	51232
funding agent district or service center and the participating	51233
districts and service centers, the superintendent of schools of	51234
each participating board of education and governing board shall	51235
serve as a committee which shall recommend such terms to such	51236
boards.	51237

Sec. 3313.843. (A) Notwithstanding division (D) of section	51238
3311.52 of the Revised Code, this section does not apply to any	51239
cooperative education school district.	51240

(B)(1) The board of education of each city, exempted village,	51241
or local school district with an average daily student enrollment	51242
of sixteen thousand or less, reported for the district on the most	51243
recent report card issued under section 3302.03 of the Revised	51244
Code, shall enter into an agreement with the governing board of an	51245
educational service center, under which the educational service	51246
center governing board will provide services to the district.	51247

(2) The board of education of a city, exempted village, or	51248
local school district with an average daily student enrollment of	51249
more than sixteen thousand may enter into an agreement with the	51250
governing board of an educational service center, under which the	51251
educational service center governing board will provide services	51252
to the district.	51253

(3) Services provided under an agreement entered into under	51254
division (B)(1) or (2) of this section shall be specified in the	51255
agreement, and may include any of the following: supervisory	51256
teachers; in-service and continuing education programs for	51257
district personnel; curriculum services; research and development	51258
programs; academic instruction for which the governing board	51259
employs teachers pursuant to section 3319.02 of the Revised Code;	51260
assistance in the provision of special accommodations and classes	51261
for students with disabilities; or any other services the district	51262
board and service center governing board agree can be better	51263
provided by the service center and are not provided under an	51264
agreement entered into under section 3313.845 of the Revised Code.	51265
Services included in the agreement shall be provided to the	51266
district in the manner specified in the agreement. The district	51267
board of education shall reimburse the educational service center	51268
governing board pursuant to ~~section 3317.11 of the Revised Code~~	51269
division (H) of this section.	51270

~~Beginning with the 2012-2013 school year, the board of any~~	51271
~~district described in division (B)(2) of this section may elect~~	51272
~~not to receive the supervisory services for which supervisory~~	51273
~~units are paid under division (B) of section 3317.11 of the~~	51274
~~Revised Code, provided that election is specified in the~~	51275
~~agreement.~~	51276

(C) Any agreement entered into pursuant to this section shall	51277
be filed with the department of education by the first day of July	51278
of the school year for which the agreement is in effect.	51279

(D)(1) An agreement for services from an educational service	51280
center entered into under this section may be terminated by the	51281
school district board of education, at its option, by notifying	51282
the governing board of the service center by March 1, 2012, or by	51283
the first day of January of any odd-numbered year thereafter, that	51284
the district board intends to terminate the agreement in that	51285
year, and that termination shall be effective on the thirtieth day	51286
of June of that year. The failure of a district board to notify an	51287
educational service center of its intent to terminate an agreement	51288
by March 1, 2012, shall result in renewal of the existing	51289
agreement for the following school year. Thereafter, the failure	51290
of a district board to notify an educational service center of its	51291
intent to terminate an agreement by the first day of January of an	51292
odd-numbered year shall result in renewal of the existing	51293
agreement for the following two school years.	51294

(2) If the school district that terminates an agreement for	51295
services under division (D)(1) of this section is also subject to	51296
the requirement of division (B)(1) of this section, the district	51297
board shall enter into a new agreement with any educational	51298
service center so that the new agreement is effective on the first	51299
day of July of that same year.	51300

(3) If all moneys owed by a school district to an educational	51301
service center under an agreement for services terminated under	51302
division (D)(1) of this section have been paid in full by the	51303
effective date of the termination, the governing board of the	51304
service center shall submit an affidavit to the department	51305
certifying that fact not later than fifteen days after the	51306
termination's effective date. Notwithstanding anything in the	51307
Revised Code to the contrary, until the department receives such	51308
an affidavit, it shall not make any payments to any other	51309
educational service center with which the district enters into an	51310
agreement under this section for services that the educational	51311
service center provides to the district.	51312

(E) An educational service center may apply to any state or	51313
federal agency for competitive grants. It may also apply to any	51314
private entity for additional funds.	51315

(F) Not later than January 1, 2014, each educational service	51316
center shall post on its web site a list of all of the services	51317
that it provides and the corresponding cost for each of those	51318
services.	51319

(G)(1) For purposes of calculating any state subsidy to be	51320
paid to an educational service center for services provided to a	51321
school district, the service center's student count shall be the	51322
sum of the total student counts of all the school districts with	51323
which the educational service center has entered into an agreement	51324
under this section.	51325

(2) When a district enters into a new agreement with a new	51326
educational service center, the department of education shall	51327
ensure that the state subsidy for services provided to the	51328
district is paid to the new educational service center and that	51329
the educational service center with which the district previously	51330
had an agreement is no longer paid a state subsidy for providing	51331
services to that district.	51332

(H) Pursuant to division (B) of section 3317.023 of the	51333
Revised Code, the department annually shall deduct from each	51334
school district that enters into an agreement with an educational	51335
service center under this section, and pay to the service center,	51336
an amount equal to six dollars and fifty cents times the school	51337
district's total student count. The district board of education,	51338
or the district superintendent acting on behalf of the district	51339
board, may agree to pay an amount in excess of six dollars and	51340
fifty cents per student in total student count. If a majority of	51341
the boards of education, or superintendents acting on behalf of	51342
the boards, of the districts that entered into an agreement under	51343
this section approve an amount in excess of six dollars and fifty	51344
cents per student in total student count, each district shall pay	51345
the excess amount to the service center.	51346

(I) For purposes of this section, a school district's "total	51347
student count" means the average daily student enrollment reported	51348
on the most recent report card issued for the district pursuant to	51349
section 3302.03 of the Revised Code.	51350

Sec. 3313.844. The governing authority of a community school	51351
established under Chapter 3314. of the Revised Code and the	51352
governing board of an educational service center may enter into an	51353
agreement, through adoption of identical resolutions, under which	51354
the service center board will provide services to the community	51355
school. Services provided under the agreement and the amount and	51356
manner in which the community school ~~board~~ will pay for such	51357
services shall be mutually agreed to by the school's governing	51358
~~board~~authority and the service center board, and shall be	51359
specified in the service agreement. If specified in the agreement	51360
as the manner of payment, the department of education shall pay	51361
the service center the amount due to it under the agreement and	51362
shall deduct that amount from the payments made to the community	51363
school under Chapter 3314. of the Revised Code. Any agreement	51364
entered into under this section shall be valid only if a copy is	51365
filed with the department.	51366

Sec. 3313.845. The board of education of a city, exempted	51367
village, or local, or joint vocational school district and the	51368
governing board of an educational service center may enter into an	51369
agreement under which the educational service center will provide	51370
services to the school district. Services provided under the	51371
agreement and the amount to be paid for such services shall be	51372
mutually agreed to by the district board of education and the	51373
service center governing board, and shall be specified in the	51374
agreement. Payment for services specified in the agreement shall	51375
be made pursuant to ~~division (D) of section 3317.11 of the~~	51376
~~Revised Code and shall not include any deduction under division~~	51377
~~(B), (C), or (F) of that section~~the terms of that agreement. If	51378
specified in the agreement as the manner of payment, the	51379
department of education shall pay the service center the amount	51380
due to it under the agreement and shall deduct that amount from	51381
the payments made to the joint vocational school district under	51382
Chapter 3317. of the Revised Code. Any agreement entered into	51383
pursuant to this section shall be valid only if a copy is filed	51384
with the department ~~of education~~.	51385

The authority granted under this section to the boards of	51386
education of city, exempted village, and local school districts is	51387
in addition to the authority granted to such boards under section	51388
3313.843 of the Revised Code.	51389

Sec. 3313.848. (A) As used in this section:

51390

(1) "Client" means a city, local, or exempted village school	51391
district, community school established under Chapter 3314. of the	51392
Revised Code, STEM school established under Chapter 3326. of the	51393
Revised Code, or political subdivision.	51394

(2) "Governing body" means the board of education of a school	51395
district, governing authority of a community school, governing	51396
body of a STEM school, or governing body of a political	51397
subdivision.	51398

(3) "Political subdivision" has the same meaning as used in	51399
section 3313.846 of the Revised Code.	51400

(4) "Service agreement" means an agreement that a client has	51401
entered into with an educational service center under section	51402
3313.843, 3313.844, 3313.845, 3313.846, or 3326.45 of the Revised	51403
Code and any subsequent amendment to that agreement.	51404

(B) If at the end of a fiscal year for which a service	51405
agreement is in effect any of the funds paid directly by a client	51406
to the educational service center under the agreement have not	51407
been expended, a client's governing body may elect to have the	51408
service center retain the unexpended funds for the purpose of	51409
applying them toward any payment the client will owe to the	51410
service center under a service agreement for the next fiscal year.	51411
The treasurer or fiscal officer of the client shall indicate on	51412
the client's end-of-year financial report that unexpended funds	51413
have been retained by the service center and the amount of those	51414
funds.	51415

(C) If the chief administrator of a client requests that the	51416
treasurer of an educational service center spend a portion of the	51417
client's funds retained under division (B) of this section for a	51418
purpose other than services specifically set forth under a service	51419
agreement and the treasurer fulfills that request, the treasurer	51420
shall keep a record of the expenditure and the purpose for which	51421
the expenditure was made. On at least an annual basis, or upon the	51422
request of the client's governing body or its treasurer or fiscal	51423
officer, the treasurer of the service center shall notify the	51424
client's treasurer or fiscal officer of the expenditures recorded	51425
under this division. The client's treasurer or fiscal officer	51426
shall include that information in the financial report made by the	51427
treasurer or fiscal officer at the next meeting of the client's	51428
governing body that occurs following receipt of the information.	51429

Sec. 3313.849. The governing bodies of two or more city,	51430
exempted village, local, or joint vocational school districts,	51431
community schools established under Chapter 3314. of the Revised	51432
Code, or STEM schools established under Chapter 3326. of the	51433
Revised Code, may mutually agree to share supervisory, curriculum,	51434
teaching, special education, professional development, or any	51435
other services offered by an educational service center and may	51436
pool their funding to pay the cost of receiving those services.	51437
Each of the governing bodies of the districts or schools	51438
participating in shared services pursuant to this section shall	51439
specify in its service agreement with the service center under	51440
section 3313.843, 3313.844, 3313.845, or 3326.45 of the Revised	51441
Code which services that the participants have agreed to share,	51442
any other districts or schools participating in the shared	51443
services, and the amount of funds that the governing body will	51444
contribute toward the total cost of the shared services. Each	51445
governing body's funding contribution shall be paid to the service	51446
center in accordance with section 3313.843, 3313.844, 3313.845, or	51447
3326.45 of the Revised Code, as applicable.	51448

The authority granted under this section is in addition to	51449
the authority granted to school district boards of education under	51450
section 3313.841 of the Revised Code.	51451

Sec. 3313.88. (A)(1) Prior to the first day of August of	51452
each school year, the board of education of any school district or	51453
the governing authority of any chartered nonpublic school may	51454
submit to the department of education a plan to require students	51455
to access and complete classroom lessons posted on the district's	51456
or nonpublic school's web portal or web site in order to make up	51457
days in that school year on which it is necessary to close schools	51458
for any of the reasons specified in division (B) of section	51459
3317.01 of the Revised Code in excess of the number of days	51460
permitted under sections 3313.48, 3313.481, and 3317.01 of the	51461
Revised Code.	51462

Prior to the first day of August of each school year, the	51463
governing authority of any community school established under	51464
Chapter 3314. that is not an internet- or computer-based community	51465
school, as defined in section 3314.02 of the Revised Code, may	51466
submit to the department a plan to require students to access and	51467
complete classroom lessons posted on the school's web portal or	51468
web site in order to make up days or hours in that school year on	51469
which it is necessary to close the school for any of the reasons	51470
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	51471
Code so that the school is in compliance with the minimum number	51472
of hours required under Chapter 3314. of the Revised Code.	51473

A plan submitted by a school district board or chartered	51474
nonpublic school governing authority shall provide for making up	51475
any number of days, up to a maximum of three days. A plan	51476
submitted by a community school governing authority shall provide	51477
for making up any number of hours, up to a maximum of the	51478
equivalent of three days. Provided the plan meets all requirements	51479
of this section, the department shall permit the board or	51480
governing authority to implement the plan for the applicable	51481
school year.	51482

(2) Each plan submitted under this section by a school	51483
district board of education shall include the written consent of	51484
the teachers' employee representative designated under division	51485
(B) of section 4117.04 of the Revised Code.	51486

(3) Each plan submitted under this section shall provide for	51487
the following:	51488

(a) Not later than the first day of November of the school	51489
year, each classroom teacher shall develop a sufficient number of	51490
lessons for each course taught by the teacher that school year to	51491
cover the number of make-up days or hours specified in the plan.	51492
The teacher shall designate the order in which the lessons are to	51493
be posted on the district's, community school's, or nonpublic	51494
school's web portal or web site in the event of a school closure.	51495
Teachers may be granted up to one professional development day to	51496
create lesson plans for those lessons.	51497

(b) To the extent possible and necessary, a classroom teacher	51498
shall update or replace, based on current instructional progress,	51499
one or more of the lesson plans developed under division (A)(3)(a)	51500
of this section before they are posted on the web portal or web	51501
site under division (A)(3)(c) of this section or distributed under	51502
division (B) of this section.	51503

(c) As soon as practicable after a school closure, a district	51504
or school employee responsible for web portal or web site	51505
operations shall make the designated lessons available to students	51506
on the district's, community school's, or nonpublic school's	51507
portal or site. A lesson shall be posted for each course that was	51508
scheduled to meet on the day or hours of the closure.	51509

(d) Each student enrolled in a course for which a lesson is	51510
posted on the portal or site shall be granted a two-week period	51511
from the date of posting to complete the lesson. The student's	51512
classroom teacher shall grade the lesson in the same manner as	51513
other lessons. The student may receive an incomplete or failing	51514
grade if the lesson is not completed on time.	51515

(e) If a student does not have access to a computer at the	51516
student's residence and the plan does not include blizzard bags	51517
under division (B) of this section, the student shall be permitted	51518
to work on the posted lessons at school after the student's school	51519
reopens. If the lessons were posted prior to the reopening, the	51520
student shall be granted a two-week period from the date of the	51521
reopening, rather than from the date of posting as otherwise	51522
required under division (A)(3)(d) of this section, to complete the	51523
lessons. The district board or community school or nonpublic	51524
school governing authority may provide the student access to a	51525
computer before, during, or after the regularly scheduled school	51526
day or may provide a substantially similar paper lesson in order	51527
to complete the lessons.	51528

(B)(1) In addition to posting classroom lessons online under	51529
division (A) of this section, the board of education of any school	51530
district or governing authority of any community or chartered	51531
nonpublic school may include in the plan distribution of "blizzard	51532
bags," which are paper copies of the lessons posted online.	51533

(2) If a school opts to use blizzard bags, teachers shall	51534
prepare paper copies in conjunction with the lessons to be posted	51535
online and update the paper copies whenever the teacher updates	51536
the online lesson plans.	51537

(3) The board of education of any school district or	51538
governing authority of any community or chartered nonpublic school	51539
that opts to use blizzard bags shall specify in the plan the	51540
method of distribution of blizzard bag lessons, which may include,	51541
but not be limited to, requiring distribution by a specific	51542
deadline or requiring distribution prior to anticipated school	51543
closure as directed by the superintendent of a school district or	51544
the principal, director, chief administrative officer, or the	51545
equivalent, of a school.	51546

(4) Students shall turn in completed lessons in accordance	51547
with division (A)(3)(d) of this section.	51548

(C)(1) No school district that implements a plan in	51549
accordance with this section shall be considered to have failed to	51550
comply with division (B) of section 3317.01 of the Revised Code	51551
with respect to the number of make-up days specified in the plan.	51552

(2) No community school that implements a plan in accordance	51553
with this section shall be considered to have failed to comply	51554
with the minimum number of hours required under Chapter 3314. of	51555
the Revised Code with respect to the number of make-up hours	51556
specified in the plan.	51557

Sec. 3313.911. The state board of education may adopt a	51558
resolution assigning a city, exempted village, or local school	51559
district that is not a part of a joint vocational school district	51560
to membership in a joint vocational school district. A copy of the	51561
resolution shall be certified to the board of education of the	51562
joint vocational school district and the board of education of the	51563
district proposed to be assigned. The board of education of the	51564
joint vocational school district shall advertise a copy of the	51565
resolution in a newspaper of general circulation in the district	51566
proposed to be assigned once each week for two weeks, or as	51567
provided in section 7.16 of the Revised Code, immediately	51568
following the certification of the resolution to the board. The	51569
assignment shall take effect on the ninety-first day after the	51570
state board adopts the resolution, unless prior to that date	51571
qualified electors residing in the school district proposed for	51572
assignment, equal in number to ten per cent of the qualified	51573
electors of that district voting at the last general election,	51574
file a petition against the assignment.	51575

The petition of referendum shall be filed with the treasurer	51576
of the board of education of the district proposed to be assigned	51577
to the joint vocational school district. The treasurer shall give	51578
the person presenting the petition a receipt showing the time of	51579
day, date, and purpose of the petition. The treasurer shall cause	51580
the board of elections to determine the sufficiency of signatures	51581
on the petition and if the signatures are found to be sufficient,	51582
shall present the petition to the board of education of the	51583
district. The board of education shall promptly certify the	51584
question to the board of elections for the purpose of having the	51585
question placed on the ballot at the next general, primary, or	51586
special election not earlier than sixty days after the date of the	51587
certification.	51588

Only those qualified electors residing in the district	51589
proposed for assignment to the joint vocational school district	51590
are qualified to vote on the question. If a majority of the	51591
electors voting on the question vote against the assignment, it	51592
shall not take place, and the state board of education shall	51593
require the district to contract with the joint vocational school	51594
district or another school district as authorized by section	51595
3313.91 of the Revised Code.	51596

If a majority of the electors voting on the question do not	51597
vote against the assignment, the assignment shall take immediate	51598
effect, and the board of education of the joint vocational school	51599
district shall notify the county auditor of the county in which	51600
the school district becoming a part of the joint vocational school	51601
district is located to have any outstanding levy of the joint	51602
vocational school district spread over the territory of the school	51603
district that has become a part of the joint vocational school	51604
district.	51605

The assignment of a school district to a joint vocational	51606
school district pursuant to this section is subject to any	51607
agreements made between the board of education of the assigned	51608
school district and the board of education of the joint vocational	51609
school district. Such an agreement may include provisions for a	51610
payment by the assigned school district to the joint vocational	51611
school district of an amount to be contributed toward the cost of	51612
the existing facilities of the joint vocational school district.	51613

~~On the assignment of a school district to a joint vocational~~	51614
~~school district pursuant to this section, the joint vocational~~	51615
~~school district's board of education shall submit a proposal to~~	51616
~~the state board of education to enlarge or reorganize the~~	51617
~~membership of the joint vocational school district's board of~~	51618
~~education if expansion or reorganization of the board is necessary~~	51619
~~in order to comply with section 3311.19 of the Revised Code.~~	51620

Sec. 3313.978. (A) Annually by the first day of November,	51621
the superintendent of public instruction shall notify the pilot	51622
project school district of the number of initial scholarships that	51623
the state superintendent will be awarding in each of grades	51624
kindergarten through twelve.	51625

The state superintendent shall provide information about the	51626
scholarship program to all students residing in the district,	51627
shall accept applications from any such students until such date	51628
as shall be established by the state superintendent as a deadline	51629
for applications, and shall establish criteria for the selection	51630
of students to receive scholarships from among all those applying	51631
prior to the deadline, which criteria shall give preference to	51632
students from low-income families. The state superintendent shall	51633
notify students of their selection prior to the fifteenth day of	51634
January.	51635

(1) A student receiving a pilot project scholarship may	51636
utilize it at an alternative public school by notifying the	51637
district superintendent, at any time before the beginning of the	51638
school year, of the name of the public school in an adjacent	51639
school district to which the student has been accepted pursuant to	51640
section 3327.06 of the Revised Code.	51641

(2) A student may decide to utilize a pilot project	51642
scholarship at a registered private school in the district if all	51643
of the following conditions are met:	51644

(a) By the fifteenth day of February of the preceding school	51645
year, or at any time prior to the start of the school year, the	51646
parent makes an application on behalf of the student to a	51647
registered private school.	51648

(b) The registered private school notifies the parent and the	51649
state superintendent as follows that the student has been	51650
admitted:	51651

(i) By the fifteenth day of March of the preceding school	51652
year if the student filed an application by the fifteenth day of	51653
February and was admitted by the school pursuant to division (A)	51654
of section 3313.977 of the Revised Code;	51655

(ii) Within one week of the decision to admit the student if	51656
the student is admitted pursuant to division (C) of section	51657
3313.977 of the Revised Code.	51658

(c) The student actually enrolls in the registered private	51659
school to which the student was first admitted or in another	51660
registered private school in the district or in a public school in	51661
an adjacent school district.	51662

(B) The state superintendent shall also award in any school	51663
year tutorial assistance grants to a number of students equal to	51664
the number of students who receive scholarships under division (A)	51665
of this section. Tutorial assistance grants shall be awarded	51666
solely to students who are enrolled in the public schools of the	51667
district in a grade level covered by the pilot project. Tutorial	51668
assistance grants may be used solely to obtain tutorial assistance	51669
from a provider approved pursuant to division (D) of section	51670
3313.976 of the Revised Code.	51671

All students wishing to obtain tutorial assistance grants	51672
shall make application to the state superintendent by the first	51673
day of the school year in which the assistance will be used. The	51674
state superintendent shall award assistance grants in accordance	51675
with criteria the superintendent shall establish.	51676

(C)(1) In the case of basic scholarships for students in	51677
grades kindergarten through eight, the scholarship amount shall	51678
not exceed the lesser of the net tuition charges of the	51679
alternative school the scholarship recipient attends or ~~three~~	51680
~~thousand dollars before fiscal year 2007, three thousand four~~	51681
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	51682
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	51683
2012 and thereafter.	51684

In the case of basic scholarships for students in grades nine	51685
through twelve, the scholarship amount shall not exceed the lesser	51686
of the net tuition charges of the alternative school the	51687
scholarship recipient attends or ~~two thousand seven hundred~~	51688
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	51689
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	51690
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	51691
2013, and five thousand seven hundred dollars in fiscal year 2014	51692
and thereafter.	51693

The net tuition and fees charged to a student shall be the	51694
tuition amount specified by the alternative school minus all other	51695
financial aid, discounts, and adjustments received for the	51696
student. In cases where discounts are offered for multiple	51697
students from the same family, and not all students in the same	51698
family are scholarship recipients, the net tuition amount	51699
attributable to the scholarship recipient shall be the lowest net	51700
tuition to which the family is entitled.	51701

(2) The state superintendent shall provide for an increase in	51702
the basic scholarship amount in the case of any student who is a	51703
mainstreamed student with a disability and shall further increase	51704
such amount in the case of any separately educated student with a	51705
disability. Such increases shall take into account the	51706
instruction, related services, and transportation costs of	51707
educating such students.	51708

(3) In the case of tutorial assistance grants, the grant	51709
amount shall not exceed the lesser of the provider's actual	51710
charges for such assistance or:	51711

(a) Before fiscal year 2007, a percentage established by the	51712
state superintendent, not to exceed twenty per cent, of the amount	51713
of the pilot project school district's average basic scholarship	51714
amount;	51715

(b) In fiscal year 2007 and thereafter, four hundred dollars.

51716

(D)(1) Annually by the first day of November, the state	51717
superintendent shall estimate the maximum per-pupil scholarship	51718
amounts for the ensuing school year. The state superintendent	51719
shall make this estimate available to the general public at the	51720
offices of the district board of education together with the forms	51721
required by division (D)(2) of this section.	51722

(2) Annually by the fifteenth day of January, the chief	51723
administrator of each registered private school located in the	51724
pilot project district and the principal of each public school in	51725
such district shall complete a parental information form and	51726
forward it to the president of the board of education. The	51727
parental information form shall be prescribed by the department of	51728
education and shall provide information about the grade levels	51729
offered, the numbers of students, tuition amounts, achievement	51730
test results, and any sectarian or other organizational	51731
affiliations.	51732

(E)(1) Only for the purpose of administering the pilot	51733
project scholarship program, the department may request from any	51734
of the following entities the data verification code assigned	51735
under division (D)(2) of section 3301.0714 of the Revised Code to	51736
any student who is seeking a scholarship under the program:	51737

(a) The school district in which the student is entitled to	51738
attend school under section 3313.64 or 3313.65 of the Revised	51739
Code;	51740

(b) If applicable, the community school in which the student	51741
is enrolled;	51742

(c) The independent contractor engaged to create and maintain	51743
data verification codes.	51744

(2) Upon a request by the department under division (E)(1) of	51745
this section for the data verification code of a student seeking a	51746
scholarship or a request by the student's parent for that code,	51747
the school district or community school shall submit that code to	51748
the department or parent in the manner specified by the	51749
department. If the student has not been assigned a code, because	51750
the student will be entering kindergarten during the school year	51751
for which the scholarship is sought, the district shall assign a	51752
code to that student and submit the code to the department or	51753
parent by a date specified by the department. If the district does	51754
not assign a code to the student by the specified date, the	51755
department shall assign a code to the student.	51756

The department annually shall submit to each school district	51757
the name and data verification code of each student residing in	51758
the district who is entering kindergarten, who has been awarded a	51759
scholarship under the program, and for whom the department has	51760
assigned a code under this division.	51761

(3) The department shall not release any data verification	51762
code that it receives under division (E) of this section to any	51763
person except as provided by law.	51764

(F) Any document relative to the pilot project scholarship	51765
program that the department holds in its files that contains both	51766
a student's name or other personally identifiable information and	51767
the student's data verification code shall not be a public record	51768
under section 149.43 of the Revised Code.	51769

(G)(1) The department annually shall compile the scores	51770
attained by scholarship students enrolled in registered private	51771
schools on the assessments administered to the students pursuant	51772
to division (A)(11) of section 3313.976 of the Revised Code. The	51773
scores shall be aggregated as follows:	51774

(a) By school district, which shall include all scholarship	51775
students residing in the pilot project school district who are	51776
enrolled in a registered private school and were required to take	51777
an assessment pursuant to division (A)(11) of section 3313.976 of	51778
the Revised Code;	51779

(b) By registered private school, which shall include all	51780
scholarship students enrolled in that school who were required to	51781
take an assessment pursuant to division (A)(11) of section	51782
3313.976 of the Revised Code.	51783

(2) The department shall disaggregate the student performance	51784
data described in division (G)(1) of this section according to the	51785
following categories:	51786

(a) Grade level;

51787

(b) Race and ethnicity;

51788

51789

(d) Students who have participated in the scholarship program	51790
for three or more years;	51791

(e) Students who have participated in the scholarship program	51792
for more than one year and less than three years;	51793

(f) Students who have participated in the scholarship program	51794
for one year or less;	51795

(g) Economically disadvantaged students.

51796

(3) The department shall post the student performance data	51797
required under divisions (G)(1) and (2) of this section on its web	51798
site and shall include that data in the information about the	51799
scholarship program provided to students under division (A) of	51800
this section. In reporting student performance data under this	51801
division, the department shall not include any data that is	51802
statistically unreliable or that could result in the	51803
identification of individual students. For this purpose, the	51804
department shall not report performance data for any group that	51805
contains less than ten students.	51806

(4) The department shall provide the parent of each	51807
scholarship student enrolled in a registered private school with	51808
information comparing the student's performance on the assessments	51809
administered pursuant to division (A)(11) of section 3313.976 of	51810
the Revised Code with the average performance of similar students	51811
enrolled in the building operated by the pilot project school	51812
district that the scholarship student would otherwise attend. In	51813
calculating the performance of similar students, the department	51814
shall consider age, grade, race and ethnicity, gender, and	51815
socioeconomic status.	51816

Sec. 3313.98. Notwithstanding division (D) of section	51817
3311.19 and division (D) of section 3311.52 of the Revised Code,	51818
the provisions of this section and sections 3313.981 to 3313.983	51819
of the Revised Code that apply to a city school district do not	51820
apply to a joint vocational or cooperative education school	51821
district unless expressly specified.	51822

(A) As used in this section and sections 3313.981 to 3313.983	51823
of the Revised Code:	51824

(1) "Parent" means either of the natural or adoptive parents	51825
of a student, except under the following conditions:	51826

(a) When the marriage of the natural or adoptive parents of	51827
the student has been terminated by a divorce, dissolution of	51828
marriage, or annulment or the natural or adoptive parents of the	51829
student are living separate and apart under a legal separation	51830
decree and the court has issued an order allocating the parental	51831
rights and responsibilities with respect to the student, "parent"	51832
means the residential parent as designated by the court except	51833
that "parent" means either parent when the court issues a shared	51834
parenting decree.	51835

(b) When a court has granted temporary or permanent custody	51836
of the student to an individual or agency other than either of the	51837
natural or adoptive parents of the student, "parent" means the	51838
legal custodian of the child.	51839

(c) When a court has appointed a guardian for the student,	51840
"parent" means the guardian of the student.	51841

(2) "Native student" means a student entitled under section	51842
3313.64 or 3313.65 of the Revised Code to attend school in a	51843
district adopting a resolution under this section.	51844

(3) "Adjacent district" means a city, exempted village, or	51845
local school district having territory that abuts the territory of	51846
a district adopting a resolution under this section.	51847

(4) "Adjacent district student" means a student entitled	51848
under section 3313.64 or 3313.65 of the Revised Code to attend	51849
school in an adjacent district.	51850

(5) "Adjacent district joint vocational student" means an	51851
adjacent district student who enrolls in a city, exempted village,	51852
or local school district pursuant to this section and who also	51853
enrolls in a joint vocational school district that does not	51854
contain the territory of the district for which that student is a	51855
native student and does contain the territory of the city,	51856
exempted village, or local district in which the student enrolls.	51857

(6) "Formula amount" has the same meaning as in section	51858
3317.02 of the Revised Code.	51859

(7) ~~"Adjusted formula amount" means the sum of the formula~~	51860
~~amount plus the per pupil amount of the base funding supplements~~	51861
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	51862
~~Revised Code for fiscal year 2009.~~	51863

~~(8)~~ "Poverty line" means the poverty line established by the	51864
director of the United States office of management and budget as	51865
revised by the ~~director~~secretary of ~~the office of community~~	51866
health and human services in accordance with section 673(2) of the	51867
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	51868
9902, as amended.	51869

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	51870
the Revised Code.	51871

~~(10)~~(9) "Other district" means a city, exempted village, or	51872
local school district having territory outside of the territory of	51873
a district adopting a resolution under this section.	51874

~~(11)~~(10) "Other district student" means a student entitled	51875
under section 3313.64 or 3313.65 of the Revised Code to attend	51876
school in an other district.	51877

~~(12)~~(11) "Other district joint vocational student" means a	51878
student who is enrolled in any city, exempted village, or local	51879
school district and who also enrolls in a joint vocational school	51880
district that does not contain the territory of the district for	51881
which that student is a native student in accordance with a policy	51882
adopted under section 3313.983 of the Revised Code.	51883

(B)(1) The board of education of each city, local, and	51884
exempted village school district shall adopt a resolution	51885
establishing for the school district one of the following	51886
policies:	51887

(a) A policy that entirely prohibits the enrollment of	51888
students from adjacent districts or other districts, other than	51889
students for whom tuition is paid in accordance with section	51890
3317.08 of the Revised Code;	51891

(b) A policy that permits enrollment of students from all	51892
adjacent districts in accordance with policy statements contained	51893
in the resolution;	51894

(c) A policy that permits enrollment of students from all	51895
other districts in accordance with policy statements contained in	51896
the resolution.	51897

(2) A policy permitting enrollment of students from adjacent	51898
or from other districts, as applicable, shall provide for all of	51899
the following:	51900

(a) Application procedures, including deadlines for	51901
application and for notification of students and the	51902
superintendent of the applicable district whenever an adjacent or	51903
other district student's application is approved.	51904

(b) Procedures for admitting adjacent or other district	51905
applicants free of any tuition obligation to the district's	51906
schools, including, but not limited to:	51907

(i) The establishment of district capacity limits by grade	51908
level, school building, and education program;	51909

(ii) A requirement that all native students wishing to be	51910
enrolled in the district will be enrolled and that any adjacent or	51911
other district students previously enrolled in the district shall	51912
receive preference over first-time applicants;	51913

(iii) Procedures to ensure that an appropriate racial balance	51914
is maintained in the district schools.	51915

(C) Except as provided in section 3313.982 of the Revised	51916
Code, the procedures for admitting adjacent or other district	51917
students, as applicable, shall not include:	51918

(1) Any requirement of academic ability, or any level of	51919
athletic, artistic, or other extracurricular skills;	51920

(2) Limitations on admitting applicants because of	51921
disability, except that a board may refuse to admit a student	51922
receiving services under Chapter 3323. of the Revised Code, if the	51923
services described in the student's IEP are not available in the	51924
district's schools;	51925

(3) A requirement that the student be proficient in the	51926
English language;	51927

(4) Rejection of any applicant because the student has been	51928
subject to disciplinary proceedings, except that if an applicant	51929
has been suspended or expelled by the student's district for ten	51930
consecutive days or more in the term for which admission is sought	51931
or in the term immediately preceding the term for which admission	51932
is sought, the procedures may include a provision denying	51933
admission of such applicant.	51934

(D)(1) Each school board permitting only enrollment of	51935
adjacent district students shall provide information about the	51936
policy adopted under this section, including the application	51937
procedures and deadlines, to the superintendent and the board of	51938
education of each adjacent district and, upon request, to the	51939
parent of any adjacent district student.	51940

(2) Each school board permitting enrollment of other district	51941
students shall provide information about the policy adopted under	51942
this section, including the application procedures and deadlines,	51943
upon request, to the board of education of any other school	51944
district or to the parent of any student anywhere in the state.	51945

(E) Any school board shall accept all credits toward	51946
graduation earned in adjacent or other district schools by an	51947
adjacent or other district student or a native student.	51948

(F)(1) No board of education may adopt a policy discouraging	51949
or prohibiting its native students from applying to enroll in the	51950
schools of an adjacent or any other district that has adopted a	51951
policy permitting such enrollment, except that:	51952

(a) A district may object to the enrollment of a native	51953
student in an adjacent or other district in order to maintain an	51954
appropriate racial balance.	51955

(b) The board of education of a district receiving funds	51956
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	51957
may adopt a resolution objecting to the enrollment of its native	51958
students in adjacent or other districts if at least ten per cent	51959
of its students are included in the determination of the United	51960
States secretary of education made under section 20 U.S.C.A.	51961
238(a).	51962

(2) If a board objects to enrollment of native students under	51963
this division, any adjacent or other district shall refuse to	51964
enroll such native students unless tuition is paid for the	51965
students in accordance with section 3317.08 of the Revised Code.	51966
An adjacent or other district enrolling such students may not	51967
receive funding for those students in accordance with section	51968
3313.981 of the Revised Code.	51969

(G) The state board of education shall monitor school	51970
districts to ensure compliance with this section and the	51971
districts' policies. The board may adopt rules requiring uniform	51972
application procedures, deadlines for application, notification	51973
procedures, and record-keeping requirements for all school boards	51974
that adopt policies permitting the enrollment of adjacent or other	51975
district students, as applicable. If the state board adopts such	51976
rules, no school board shall adopt a policy that conflicts with	51977
those rules.	51978

(H) A resolution adopted by a board of education under this	51979
section that entirely prohibits the enrollment of students from	51980
adjacent and from other school districts does not abrogate any	51981
agreement entered into under section 3313.841 or 3313.92 of the	51982
Revised Code or any contract entered into under section 3313.90 of	51983
the Revised Code between the board of education adopting the	51984
resolution and the board of education of any adjacent or other	51985
district or prohibit these boards of education from entering into	51986
any such agreement or contract.	51987

(I) Nothing in this section shall be construed to permit or	51988
require the board of education of a city, exempted village, or	51989
local school district to exclude any native student of the	51990
district from enrolling in the district.	51991

Sec. 3313.981. (A) The state board of education shall adopt	51992
rules requiring all of the following:	51993

(1) The board of education of each city, exempted village,	51994
and local school district to annually report to the department of	51995
education all of the following:	51996

(a) The number of adjacent district or other district	51997
students, as applicable, and adjacent district or other district	51998
joint vocational students, as applicable, enrolled in the district	51999
and the number of native students enrolled in adjacent or other	52000
districts, in accordance with a policy adopted under division (B)	52001
of section 3313.98 of the Revised Code;	52002

(b) Each adjacent district or other district student's or	52003
adjacent district or other district joint vocational student's	52004
date of enrollment in the district;	52005

(c) The full-time equivalent number of adjacent district or	52006
other district students enrolled in ~~vocational~~each of the	52007
categories of career-technical education programs or classes	52008
described in ~~division (A) of~~ section 3317.014 of the Revised Code	52009
~~and the full-time equivalent number of such students enrolled in~~	52010
~~vocational education programs or classes described in division (B)~~	52011
~~of that section~~;	52012

(d) Each native student's date of enrollment in an adjacent	52013
or other district.	52014

(2) The board of education of each joint vocational school	52015
district to annually report to the department all of the	52016
following:	52017

(a) The number of adjacent district or other district joint	52018
vocational students, as applicable, enrolled in the district;	52019

(b) The full-time equivalent number of adjacent district or	52020
other district joint vocational students enrolled in ~~vocational~~	52021
each category of career-technical education programs or classes	52022
described in ~~division (A) of~~ section 3317.014 of the Revised Code	52023
~~and the full-time equivalent number of such students enrolled in~~	52024
~~vocational education programs or classes described in division (B)~~	52025
~~of that section~~;	52026

(c) For each adjacent district or other district joint	52027
vocational student, the city, exempted village, or local school	52028
district in which the student is also enrolled.	52029

(3) Prior to the first full school week in October each year,	52030
the superintendent of each city, local, or exempted village school	52031
district that admits adjacent district or other district students	52032
or adjacent district or other district joint vocational students	52033
in accordance with a policy adopted under division (B) of section	52034
3313.98 of the Revised Code to notify each adjacent or other	52035
district where those students are entitled to attend school under	52036
section 3313.64 or 3313.65 of the Revised Code of the number of	52037
the adjacent or other district's native students who are enrolled	52038
in the superintendent's district under the policy.	52039

The rules shall provide for the method of counting students	52040
who are enrolled for part of a school year in an adjacent or other	52041
district or as an adjacent district or other district joint	52042
vocational student.	52043

(B) From the payments made to a city, exempted village, or	52044
local school district under Chapter 3317. of the Revised Code and,	52045
if necessary, from the payments made to the district under	52046
sections 321.24 and 323.156 of the Revised Code, the department of	52047
education shall annually subtract both of the following:	52048

(1) An amount equal to the number of the district's native	52049
students reported under division (A)(1) of this section who are	52050
enrolled in adjacent or other school districts pursuant to	52051
policies adopted by such districts under division (B) of section	52052
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	52053
amount;	52054

(2) The excess costs computed in accordance with division (E)	52055
of this section for any such native students receiving special	52056
education and related services in adjacent or other school	52057
districts or as an adjacent district or other district joint	52058
vocational student;	52059

(3) For the full-time equivalent number the formula amount of	52060
the district's native students reported under division (A)(1)(c)	52061
or (2)(b) of this section as enrolled in ~~vocational~~	52062
career-technical education programs or classes described in	52063
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	52064
the formula amount times the applicable multiple prescribed by	52065
that section.	52066

(C) To the payments made to a city, exempted village, or	52067
local school district under Chapter 3317. of the Revised Code, the	52068
department of education shall annually add all of the following:	52069

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	52070
by the remainder obtained by subtracting the number of adjacent	52071
district or other district joint vocational students from the	52072
number of adjacent district or other district students enrolled in	52073
the district, as reported under division (A)(1) of this section;	52074

(2) The excess costs computed in accordance with division (E)	52075
of this section for any adjacent district or other district	52076
students, except for any adjacent or other district joint	52077
vocational students, receiving special education and related	52078
services in the district;	52079

(3) For the full-time equivalent number of the adjacent or	52080
other district students who are not adjacent district or other	52081
district joint vocational students and are reported under division	52082
(A)(1)(c) of this section as enrolled in ~~vocational~~	52083
career-technical education programs or classes described in	52084
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	52085
the formula amount times the applicable multiple prescribed by	52086
that section;	52087

(4) An amount equal to the number of adjacent district or	52088
other district joint vocational students reported under division	52089
(A)(1) of this section multiplied by an amount equal to twenty per	52090
cent of the ~~adjusted~~ formula amount.	52091

(D) To the payments made to a joint vocational school	52092
district under Chapter 3317. of the Revised Code, the department	52093
of education shall add, for each adjacent district or other	52094
district joint vocational student reported under division (A)(2)	52095
of this section, both of the following:	52096

(1) The ~~adjusted~~ formula amount;

52097

(2) An amount equal to the full-time equivalent number of	52098
students reported pursuant to division (A)(2)(b) of this section	52099
times ~~$5,732~~the formula amount times the applicable multiple	52100
prescribed by section 3317.014 of the Revised Code.	52101

(E)(1) A city, exempted village, or local school board	52102
providing special education and related services to an adjacent or	52103
other district student in accordance with an IEP shall, pursuant	52104
to rules of the state board, compute the excess costs to educate	52105
such student as follows:	52106

(a) Subtract the ~~adjusted~~ formula amount from the actual	52107
costs to educate the student;	52108

(b) From the amount computed under division (E)(1)(a) of this	52109
section subtract the amount of any funds received by the district	52110
under Chapter 3317. of the Revised Code to provide special	52111
education and related services to the student.	52112

(2) The board shall report the excess costs computed under	52113
this division to the department of education.	52114

(3) If any student for whom excess costs are computed under	52115
division (E)(1) of this section is an adjacent or other district	52116
joint vocational student, the department of education shall add	52117
the amount of such excess costs to the payments made under Chapter	52118
3317. of the Revised Code to the joint vocational school district	52119
enrolling the student.	52120

(F) As provided in division (D)(1)(b) of section 3317.03 of	52121
the Revised Code, no joint vocational school district shall count	52122
any adjacent or other district joint vocational student enrolled	52123
in the district in its formula ADM certified under section 3317.03	52124
of the Revised Code.	52125

(G) No city, exempted village, or local school district shall	52126
receive a payment under division (C) of this section for a	52127
student, and no joint vocational school district shall receive a	52128
payment under division (D) of this section for a student, if for	52129
the same school year that student is counted in the district's	52130
formula ADM certified under section 3317.03 of the Revised Code.	52131

(H) Upon request of a parent, and provided the board offers	52132
transportation to native students of the same grade level and	52133
distance from school under section 3327.01 of the Revised Code, a	52134
city, exempted village, or local school board enrolling an	52135
adjacent or other district student shall provide transportation	52136
for the student within the boundaries of the board's district,	52137
except that the board shall be required to pick up and drop off a	52138
nonhandicapped student only at a regular school bus stop	52139
designated in accordance with the board's transportation policy.	52140
Pursuant to rules of the state board of education, such board may	52141
reimburse the parent from funds received for pupil transportation	52142
under section 3317.0212 of the Revised Code, or other provisions	52143
of law, for the reasonable cost of transportation from the	52144
student's home to the designated school bus stop if the student's	52145
family has an income below the federal poverty line.	52146

Sec. 3314.015. (A) The department of education shall be	52147
responsible for the oversight of any and all sponsors of the	52148
community schools established under this chapter and shall provide	52149
technical assistance to schools and sponsors in their compliance	52150
with applicable laws and the terms of the contracts entered into	52151
under section 3314.03 of the Revised Code and in the development	52152
and start-up activities of those schools. In carrying out its	52153
duties under this section, the department shall do all of the	52154
following:	52155

(1) In providing technical assistance to proposing parties,	52156
governing authorities, and sponsors, conduct training sessions and	52157
distribute informational materials;	52158

(2) Approve entities to be sponsors of community schools;

52159

(3) Monitor and evaluate, as required under section 3314.016	52160
of the Revised Code, the effectiveness of any and all sponsors in	52161
their oversight of the schools with which they have contracted;	52162

(4) By December thirty-first of each year, issue a report to	52163
the governor, the speaker of the house of representatives, the	52164
president of the senate, and the chairpersons of the house and	52165
senate committees principally responsible for education matters	52166
regarding the effectiveness of academic programs, operations, and	52167
legal compliance and of the financial condition of all community	52168
schools established under this chapter and on the performance of	52169
community school sponsors;	52170

(5) From time to time, make legislative recommendations to	52171
the general assembly designed to enhance the operation and	52172
performance of community schools.	52173

(B)(1) Except as provided in sections 3314.021 and 3314.027	52174
of the Revised Code, no entity listed in division (C)(1) of	52175
section 3314.02 of the Revised Code shall enter into a preliminary	52176
agreement under division (C)(2) of section 3314.02 of the Revised	52177
Code until it has received approval from the department of	52178
education to sponsor community schools under this chapter and has	52179
entered into a written agreement with the department regarding the	52180
manner in which the entity will conduct such sponsorship. ~~The~~	52181

The initial term of a sponsor's agreement with the department	52182
shall be for up to seven years. For every year that the sponsor	52183
satisfies the conditions of division (B)(1)(a) or (b) of this	52184
section, as applicable, the department shall add one year to the	52185
agreement term, subject to divisions (C) and (F) of this section,	52186
unless the sponsor notifies the department that it does not wish	52187
to have the term of the agreement so extended.	52188

To qualify for the extension of the term of the sponsor's	52189
agreement, the sponsor shall satisfy one of the following, as	52190
applicable:	52191

(a) Prior to January 1, 2015, the sponsor is not in the	52192
lowest twenty per cent of sponsors statewide according to the	52193
composite performance index score as ranked under section 3314.016	52194
of the Revised Code, as that section exists prior to that date,	52195
and the sponsor continues to meet all the requirements of this	52196
chapter pertaining to community school sponsors.	52197

(b) On or after January 1, 2015, the sponsor is rated as	52198
"exemplary" or "effective" under section 3314.016 of the Revised	52199
Code, as that section exists on and after that date, and the	52200
sponsor continues to meet all the requirements of this chapter	52201
pertaining to community school sponsors.	52202

The department shall adopt in accordance with Chapter 119. of	52203
the Revised Code rules containing criteria, procedures, and	52204
deadlines for processing applications for ~~such~~ approval of	52205
sponsors, for oversight of sponsors, for notifying a sponsor of	52206
noncompliance with applicable laws and administrative rules under	52207
division (F) of this section, for revocation of the approval of	52208
sponsors under division (C) of this section, and for entering	52209
into written agreements with sponsors. The rules shall require an	52210
entity to submit evidence of the entity's ability and willingness	52211
to comply with the provisions of division (D) of section 3314.03	52212
of the Revised Code. The rules also shall require entities	52213
approved as sponsors on and after June 30, 2005, to demonstrate a	52214
record of financial responsibility and successful implementation	52215
of educational programs. If an entity seeking approval on or after	52216
June 30, 2005, to sponsor community schools in this state sponsors	52217
or operates schools in another state, at least one of the schools	52218
sponsored or operated by the entity must be comparable to or	52219
better than the performance of Ohio schools in need of continuous	52220
improvement under section 3302.03 of the Revised Code, as	52221
determined by the department.	52222

Subject to section 3314.016 of the Revised Code, an entity	52223
that sponsors community schools may enter into preliminary	52224
agreements and sponsor up to one hundred schools, provided each	52225
school and the contract for sponsorship meets the requirements of	52226
this chapter.	52227

(2) The state board of education shall determine, pursuant to	52228
criteria specified in rules adopted in accordance with Chapter	52229
119. of the Revised Code, whether the mission proposed to be	52230
specified in the contract of a community school to be sponsored by	52231
a state university board of trustees or the board's designee under	52232
division (C)(1)(e) of section 3314.02 of the Revised Code complies	52233
with the requirements of that division. Such determination of the	52234
state board is final.	52235

(3) The state board of education shall determine, pursuant to	52236
criteria specified in rules adopted in accordance with Chapter	52237
119. of the Revised Code, if any tax-exempt entity under section	52238
501(c)(3) of the Internal Revenue Code that is proposed to be a	52239
sponsor of a community school is an education-oriented entity for	52240
purpose of satisfying the condition prescribed in division	52241
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	52242
determination of the state board is final.	52243

(C) If at any time the state board of education finds that a	52244
sponsor is not in compliance or is no longer willing to comply	52245
with its contract with any community school or with the	52246
department's rules for sponsorship, the state board or designee	52247
shall conduct a hearing in accordance with Chapter 119. of the	52248
Revised Code on that matter. If after the hearing, the state board	52249
or designee has confirmed the original finding, the department of	52250
education may revoke the sponsor's approval to sponsor community	52251
schools. In that case, the department's office of Ohio school	52252
sponsorship, established under section 3314.029 of the Revised	52253
Code, may assume the sponsorship of any schools with which the	52254
sponsor has contracted until the earlier of the expiration of two	52255
school years or until a new sponsor as described in division	52256
(C)(1) of section 3314.02 of the Revised Code is secured by the	52257
school's governing authority. The office of Ohio school	52258
sponsorship may extend the term of the contract in the case of a	52259
school for which it has assumed sponsorship under this division as	52260
necessary to accommodate the term of the department's	52261
authorization to sponsor the school specified in this division.	52262
Community schools sponsored under this division shall not apply to	52263
the limit on directly authorized community schools under division	52264
(A)(3) of section 3314.029 of the Revised Code. However, nothing	52265
in this division shall preclude a community school affected by	52266
this division from applying for sponsorship under that section.	52267

(D) The decision of the department to disapprove an entity	52268
for sponsorship of a community school or to revoke approval for	52269
such sponsorship under division (C) of this section, may be	52270
appealed by the entity in accordance with section 119.12 of the	52271
Revised Code.	52272

(E) The department shall adopt procedures for use by a	52273
community school governing authority and sponsor when the school	52274
permanently closes and ceases operation, which shall include at	52275
least procedures for data reporting to the department, handling of	52276
student records, distribution of assets in accordance with section	52277
3314.074 of the Revised Code, and other matters related to ceasing	52278
operation of the school.	52279

(F)(1) In lieu of revoking a sponsor's authority to sponsor	52280
community schools under division (C) of this section, if the	52281
department finds that a sponsor is not in compliance with	52282
applicable laws and administrative rules, the department shall	52283
declare in a written notice to the sponsor the specific laws or	52284
rules, or both, for which the sponsor is noncompliant. A sponsor	52285
notified under division (F)(1) of this section shall respond to	52286
the department not later than fourteen days after the notification	52287
with a proposed plan to remedy the conditions for which the	52288
sponsor was found to be noncompliant. The department shall approve	52289
or disapprove the plan not later than fourteen days after	52290
receiving it. If the plan is disapproved, the sponsor may submit a	52291
revised plan to the department not later than fourteen days after	52292
receiving notification of disapproval from the department or not	52293
later than sixty days after the date the sponsor received	52294
notification of noncompliance from the department, whichever is	52295
earlier. The department shall approve or disapprove the revised	52296
plan not later than fourteen days after receiving it or not later	52297
than sixty days after the date the sponsor received notification	52298
of noncompliance from the department, whichever is earlier. A	52299
sponsor may continue to make revisions by the deadlines prescribed	52300
in division (F)(1) of this section to any revised plan that is	52301
disapproved by the department until the sixtieth day after the	52302
date the sponsor received notification of noncompliance from the	52303
department.	52304

If a plan or a revised plan is approved, the sponsor shall	52305
implement it not later than sixty days after the date the sponsor	52306
received notification of noncompliance from the department or not	52307
later than thirty days after the plan is approved, whichever is	52308
later. If a sponsor does not respond to the department or	52309
implement an approved compliance plan by the deadlines prescribed	52310
by division (F)(1) of this section, or if a sponsor does not	52311
receive approval of a compliance plan on or before the sixtieth	52312
day after the date the sponsor received notification of	52313
noncompliance from the department, the department shall declare in	52314
written notice to the sponsor that the sponsor is in probationary	52315
status, and may limit the sponsor's ability to sponsor additional	52316
schools.	52317

(2) A sponsor that has been placed on probationary status	52318
under division (F)(1) of this section may apply to the department	52319
for its probationary status to be lifted. The application for a	52320
sponsor's probationary status to be lifted shall include evidence,	52321
occurring after the initial notification of noncompliance, of the	52322
sponsor's compliance with applicable laws and administrative	52323
rules. Not later than fourteen days after receiving an application	52324
from the sponsor, the department shall decide whether or not to	52325
remove the sponsor's probationary status.	52326

(G) In carrying out its duties under this chapter, the	52327
department shall not impose requirements on community schools or	52328
their sponsors that are not permitted by law or duly adopted	52329
rules.	52330

(H) This section applies to entities that sponsor conversion	52331
community schools and new start-up schools.	52332

Sec. 3314.017. (A) The state board of education shall	52333
prescribe by rules, adopted in accordance with Chapter 119. of the	52334
Revised Code, an academic performance rating and report card	52335
system that satisfies the requirements of this section for	52336
community schools that primarily serve students enrolled in	52337
dropout prevention and recovery programs as described in division	52338
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	52339
lieu of the system prescribed under sections 3302.03 and 3314.012	52340
of the Revised Code beginning with the 2012-2013 school year. Each	52341
such school shall comply with the testing and reporting	52342
requirements of the system as prescribed by the state board.	52343

(B) Nothing in this section shall at any time relieve a	52344
school from its obligations under the "No Child Left Behind Act of	52345
2001" to make "adequate yearly progress," as both that act and	52346
that term are defined in section 3302.01 of the Revised Code, or a	52347
school's amenability to the provisions of section 3302.04 or	52348
3302.041 of the Revised Code. The department shall continue to	52349
report each school's performance as required by the act and to	52350
enforce applicable sanctions under section 3302.04 or 3302.041 of	52351
the Revised Code.	52352

(C) The rules adopted by the state board shall prescribe the	52353
following performance indicators for the rating and report card	52354
system required by this section:	52355

(1) Graduation rate for each of the following student	52356
cohorts:	52357

(a) The number of students who graduate in four years or less	52358
with a regular high school diploma divided by the number of	52359
students who form the adjusted cohort for the graduating class;	52360

(b) The number of students who graduate in five years with a	52361
regular high school diploma divided by the number of students who	52362
form the adjusted cohort for the four-year graduation rate;	52363

(c) The number of students who graduate in six years with a	52364
regular high school diploma divided by the number of students who	52365
form the adjusted cohort for the four-year graduation rate;	52366

(d) The number of students who graduate in seven years with a	52367
regular high school diploma divided by the number of students who	52368
form the adjusted cohort for the four-year graduation rate;	52369

(e) The number of students who graduate in eight years with a	52370
regular high school diploma divided by the number of students who	52371
form the adjusted cohort for the four-year graduation rate.	52372

(2) The percentage of twelfth-grade students currently	52373
enrolled in the school who have attained the designated passing	52374
score on all of the applicable state high school achievement	52375
assessments required under division (B)(1) or (2) of section	52376
3301.0710 of the Revised Code and other students enrolled in the	52377
school, regardless of grade level, who are within three months of	52378
their twenty-second birthday and have attained the designated	52379
passing score on all of the applicable state high school	52380
achievement assessments by their twenty-second birthday;	52381

(3) Annual measurable objectives as defined in section	52382
3302.01 of the Revised Code;	52383

(4) Growth in student achievement in reading, or mathematics,	52384
or both as measured by separate nationally norm-referenced	52385
assessments that have developed appropriate standards for students	52386
enrolled in dropout prevention and recovery programs, adopted or	52387
approved by the state board.	52388

(D)(1) The state board's rules shall prescribe the expected	52389
performance levels and benchmarks for each of the indicators	52390
prescribed by division (C) of this section based on the data	52391
gathered by the department under division (F) of this section.	52392
Based on a school's level of attainment or nonattainment of the	52393
expected performance levels and benchmarks for each of the	52394
indicators, the department shall rate each school in one of the	52395
following categories:	52396

(a) Exceeds standards;

52397

(b) Meets standards;

52398

52399

(2) The state board's rules shall establish all of the	52400
following:	52401

(a) Not later than June 30, 2013, performance levels and	52402
benchmarks for the indicators described in divisions (C)(1) to (3)	52403
of this section;	52404

(b) Not later than December 31, 2014, both of the following:

52405

(i) Performance levels and benchmarks for the indicator	52406
described in division (C)(4) of this section;	52407

(ii) Standards for awarding a community school described in	52408
division (A)(4)(a) of section 3314.35 of the Revised Code an	52409
overall designation, which shall be calculated as follows:	52410

(I) Thirty per cent of the score shall be based on the	52411
indicators described in division (C)(1) of this section that are	52412
applicable to the school year for which the overall designation is	52413
granted.	52414

(II) Thirty per cent of the score shall be based on the	52415
indicators described in division (C)(4) of this section.	52416

(III) Twenty per cent of the score shall be based on the	52417
indicators described in division (C)(2) of this section.	52418

(IV) Twenty per cent of the score shall be based on the	52419
indicators described in division (C)(3) of this section.	52420

(3) If both of the indicators described in divisions (C)(1)	52421
and (2) of this section improve by ten per cent for two	52422
consecutive years, a school shall be rated asnot less than "meets	52423
standards."	52424

The rating and the relevant performance data for each school	52425
shall be posted on the department's web site, and a copy of the	52426
rating and data shall be provided to the governing authority of	52427
the community school.	52428

(E)(1) For the 2012-2013 school year, the department shall	52429
issue a report card including the following performance measures,	52430
but without a performance rating as described in divisions	52431
(D)(1)(a) to (c) of this section, for each community school	52432
described in division (A)(4)(a) of section 3314.35 of the Revised	52433
Code:	52434

(a) The graduation rates as described in divisions (C)(1)(a)	52435
to (c) of this section;	52436

(b) The percentage of twelfth-grade students and other	52437
students who have attained a designated passing score on high	52438
school achievement assessments as described in division (C)(2) of	52439
this section;	52440

(c) The statewide average for the graduation rates and	52441
assessment passage rates described in divisions (C)(1)(a) to (c)	52442
and (C)(2) of this section;	52443

(d) Annual measurable objectives described in division (C)(3)	52444
of this section.	52445

(2) For the 2013-2014 school year, the department shall issue	52446
a report card including the following performance measures for	52447
each community school described in division (A)(4) of section	52448
3314.35 of the Revised Code:	52449

(a) The graduation rates described in divisions (C)(1)(a) to	52450
(d) of this section, including a performance rating as described	52451
in divisions (D)(1)(a) to (c) of this section;	52452

(b) The percentage of twelfth-grade students and other	52453
students who have attained a designated passing score on high	52454
school achievement assessments as described in division (C)(2) of	52455
this section, including a performance rating as described in	52456
divisions (D)(1)(a) to (c) of this section;	52457

(c) Annual measurable objectives described in division (C)(3)	52458
of this section, including a performance rating as described in	52459
divisions (D)(1)(a) to (c) of this section;	52460

(d) Both of the following without an assigned rating:

52461

(i) Growth in annual student achievement in reading and	52462
mathematics described in division (C)(4) of this section, if	52463
available;	52464

(ii) Student outcome data, including postsecondary credit	52465
earned, nationally recognized career or technical certification,	52466
military enlistment, job placement, and attendance rate.	52467

(3) Beginning with the 2014-2015 school year, and annually	52468
thereafter, the department shall issue a report card for each	52469
community school described in division (A)(4)(a) of section	52470
3314.35 of the Revised Code that includes all of the following	52471
performance measures, including a performance rating for each	52472
measure as described in divisions (D)(1)(a) to (c) of this	52473
section:	52474

(a) The graduation rates as described in division (C)(1) of	52475
this section;	52476

(b) The percentage of twelfth-grade students and other	52477
students who have attained a designated passing score on high	52478
school achievement assessments as described in division (C)(2) of	52479
this section;	52480

(c) Annual measurable objectives described in division (C)(3)	52481
of this section, including a performance rating as described in	52482
divisions (D)(1)(a) to (c) of this section;	52483

(d) Growth in annual student achievement in reading and	52484
mathematics as described in division (C)(4) of this section;	52485

(e) An overall performance designation for the school	52486
calculated under rules adopted under division (D)(2) of this	52487
section.	52488

The department shall also include student outcome data,	52489
including postsecondary credit earned, nationally recognized	52490
career or technical certification, military enlistment, job	52491
placement, attendance rate, and progress on closing achievement	52492
gaps for each school. This information shall not be included in	52493
the calculation of a school's performance rating.	52494

(F) In developing the rating and report card system required	52495
by this section, during the 2012-2013 and 2013-2014 school years,	52496
the department shall gather and analyze data as determined	52497
necessary from each community school described in division	52498
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	52499
shall cooperate with the department by supplying requested data	52500
and administering required assessments, including sample	52501
assessments for purposes of measuring student achievement growth	52502
as described in division (C)(4) of this section. The department	52503
shall consult with stakeholder groups in performing its duties	52504
under this division.	52505

The department shall also identify one or more states that	52506
have established or are in the process of establishing similar	52507
academic performance rating systems for dropout prevention and	52508
recovery programs and consult with the departments of education of	52509
those states in developing the system required by this section.	52510

(G) Not later than December 31, 2014, the state board shall	52511
review the performance levels and benchmarks for performance	52512
indicators in the report card issued under this section and may	52513
revise them based on the data collected under division (F) of this	52514
section.	52515

Sec. 3314.027. Notwithstanding the requirement for initial	52516
approval of sponsorship by the department of education prescribed	52517
in divisions (A)(2) and (B)(1) of section 3314.015 of the Revised	52518
Code and any geographical restriction or mission requirement	52519
prescribed in division (C)(1) of section 3314.02 of the Revised	52520
Code, an entity that has entered into a contract to sponsor a	52521
community school on April 8, 2003, may continue to sponsor the	52522
school in conformance with the terms of that contract ~~as long as~~	52523
~~the entity complies with all other sponsorship provisions of this~~	52524
~~chapter. Such an entity~~and also may enter into new contracts to	52525
sponsor community schools after April 8, 2003, ~~and need not be~~	52526
~~approved by the department for such sponsorship, as otherwise~~	52527
~~required under divisions (A)(2) and (B)(1) of section 3314.015 of~~	52528
~~the Revised Code,~~ as long as the contracts conform to and the	52529
entity complies with all other provisions of this chapter.	52530

Regardless of the entity's authority to sponsor community	52531
schools without the initial approval of the department, each	52532
entity described in this section is under the continuing oversight	52533
of the department in accordance with rules adopted under section	52534
3314.015 of the Revised Code.	52535

Sec. 3314.029. This section establishes the Ohio school	52536
sponsorship program. The department of education shall establish	52537
an office of Ohio school sponsorship to perform the department's	52538
duties prescribed by this section.	52539

(A)(1) Notwithstanding anything to the contrary in this	52540
chapter, but subject to section 3314.20 of the Revised Code, any	52541
person, group of individuals, or entity may apply to the	52542
department for direct authorization to establish a community	52543
school and, upon approval of the application, may establish the	52544
school. Notwithstanding anything to the contrary in this chapter,	52545
the governing authority of an existing community school, upon the	52546
expiration or termination of its contract with the school's	52547
sponsor entered into under section 3314.03 of the Revised Code,	52548
may apply to the department for direct authorization to continue	52549
operating the school and, upon approval of the application, may	52550
continue to operate the school.	52551

Each application submitted to the department shall include	52552
the following:	52553

(a) Evidence that the applicant will be able to comply with	52554
division (C) of this section;	52555

(b) A statement indicating that the applicant agrees to	52556
comply with all applicable provisions of this chapter, including	52557
the requirement to be established as a nonprofit corporation or	52558
public benefit corporation in accordance with division (A)(1) of	52559
section 3314.03 of the Revised Code;	52560

(c) A statement attesting that no unresolved finding of	52561
recovery has been issued by the auditor of state against any	52562
person, group of individuals, or entity that is a party to the	52563
application and that no person who is party to the application has	52564
been a member of the governing authority of any community school	52565
that has permanently closed and against which an unresolved	52566
finding of recovery has been issued by the auditor of state. In	52567
the case of an application submitted by the governing authority of	52568
an existing community school, a person who is party to the	52569
application shall include each individual member of that governing	52570
authority.	52571

(d) A statement that the school will be nonsectarian in its	52572
programs, admission policies, employment practices, and all other	52573
operations, and will not be operated by a sectarian school or	52574
religious institution;	52575

(e) A statement of whether the school is to be created by	52576
converting all or part of an existing public school or educational	52577
service center building or is to be a new start-up school. If it	52578
is a converted public school or service center building, the	52579
statement shall include a specification of any duties or	52580
responsibilities of an employer that the board of education or	52581
service center governing board that operated the school or	52582
building before conversion is delegating to the governing	52583
authority of the community school with respect to all or any	52584
specified group of employees, provided the delegation is not	52585
prohibited by a collective bargaining agreement applicable to such	52586
employees.	52587

(f) A statement that the school's teachers will be licensed	52588
in the manner prescribed by division (A)(10) of section 3314.03 of	52589
the Revised Code;	52590

(g) A statement that the school will comply with all of the	52591
provisions of law enumerated in divisions (A)(11)(d) and (e) of	52592
section 3314.03 of the Revised Code and of division (A)(11)(h) of	52593
that section, if applicable;	52594

(h) A statement that the school's graduation and curriculum	52595
requirements will comply with division (A)(11)(f) of section	52596
3314.03 of the Revised Code;	52597

(i) A description of each of the following:

52598

(i) The school's mission and educational program, the	52599
characteristics of the students the school is expected to attract,	52600
the ages and grade levels of students, and the focus of the	52601
curriculum;	52602

(ii) The school's governing authority, which shall be in	52603
compliance with division (E) of section 3314.02 of the Revised	52604
Code;	52605

(iii) The school's admission and dismissal policies, which	52606
shall be in compliance with divisions (A)(5) and (6) of section	52607
3314.03 of the Revised Code;	52608

(iv) The school's business plan, including a five-year	52609
financial forecast;	52610

(v) In the case of an application to establish a community	52611
school, the applicant's resources and capacity to establish and	52612
operate the school;	52613

(vi) The school's academic goals to be achieved and the	52614
method of measurement that will be used to determine progress	52615
toward those goals, which shall include the statewide achievement	52616
assessments;	52617

(vii) The facilities to be used by the school and their	52618
locations;	52619

(viii) A description of the learning opportunities that will	52620
be offered to students including both classroom-based and	52621
nonclassroom-based learning opportunities that are in compliance	52622
with criteria for student participation established by the	52623
department under division ~~(L)~~(H)(2) of section 3314.08 of the	52624
Revised Code.	52625

(2) Subject to division (A)(3) of this section, the	52626
department shall approve each application, unless, within thirty	52627
days after receipt of the application, the department determines	52628
that the application does not satisfy the requirements of division	52629
(A)(1) of this section and provides the applicant a written	52630
explanation of the reasons for the determination. In that case,	52631
the department shall grant the applicant thirty days to correct	52632
the insufficiencies in the application. If the department	52633
determines that the insufficiencies have been corrected, it shall	52634
approve the application. If the department determines that the	52635
insufficiencies have not been corrected, it shall deny the	52636
application and provide the applicant with a written explanation	52637
of the reasons for the denial. The denial of an application may be	52638
appealed in accordance with section 119.12 of the Revised Code.	52639

(3) For each of five school years, beginning with the school	52640
year that begins in the calendar year in which this section takes	52641
effect, the department may approve up to twenty applications for	52642
community schools to be established or to continue operation under	52643
division (A) of this section; however, of the twenty applications	52644
that may be approved each school year, only up to five may be for	52645
the establishment of new schools.	52646

(4) Notwithstanding division (A)(2) of this section, the	52647
department may deny an application submitted by the governing	52648
authority of an existing community school, if a previous sponsor	52649
of that school did not renew its contract or terminated its	52650
contract with the school entered into under section 3314.03 of the	52651
Revised Code.	52652

(B) The department and the governing authority of each	52653
community school authorized under this section shall enter into a	52654
contract under section 3314.03 of the Revised Code.	52655
Notwithstanding division (A)(13) of that section, the contract	52656
with an existing community school may begin at any time during the	52657
academic year. The length of the initial contract of any community	52658
school under this section may be for any term up to five years.	52659
The contract may be renewed in accordance with division (E) of	52660
that section. The contract may provide for the school's governing	52661
authority to pay a fee for oversight and monitoring of the school	52662
that does not exceed three per cent of the total amount of	52663
payments for operating expenses that the school receives from the	52664
state.	52665

(C) The department may require a community school authorized	52666
under this section to post and file with the superintendent of	52667
public instruction a bond payable to the state or to file with the	52668
state superintendent a guarantee, which shall be used to pay the	52669
state any moneys owed by the community school in the event the	52670
school closes.	52671

(D) Except as otherwise provided in this section, a community	52672
school authorized under this section shall comply with all	52673
applicable provisions of this chapter. The department may take any	52674
action that a sponsor may take under this chapter to enforce the	52675
school's compliance with this division and the terms of the	52676
contract entered into under division (B) of this section.	52677

(E) Not later than December 31, 2012, and annually	52678
thereafter, the department shall issue a report on the program,	52679
including information about the number of community schools	52680
participating in the program and their compliance with the	52681
provisions of this chapter. In its fifth report, the department	52682
shall include a complete evaluation of the program and	52683
recommendations regarding the program's continuation. Each report	52684
shall be provided to the general assembly, in accordance with	52685
section 101.68 of the Revised Code, and to the governor.	52686

Sec. 3314.03. A copy of every contract entered into under	52687
this section shall be filed with the superintendent of public	52688
instruction. The department of education shall make available on	52689
its web site a copy of every approved, executed contract filed	52690
with the superintendent under this section.	52691

(A) Each contract entered into between a sponsor and the	52692
governing authority of a community school shall specify the	52693
following:	52694

(1) That the school shall be established as either of the	52695
following:	52696

(a) A nonprofit corporation established under Chapter 1702.	52697
of the Revised Code, if established prior to April 8, 2003;	52698

(b) A public benefit corporation established under Chapter	52699
1702. of the Revised Code, if established after April 8, 2003.	52700

(2) The education program of the school, including the	52701
school's mission, the characteristics of the students the school	52702
is expected to attract, the ages and grades of students, and the	52703
focus of the curriculum;	52704

(3) The academic goals to be achieved and the method of	52705
measurement that will be used to determine progress toward those	52706
goals, which shall include the statewide achievement assessments;	52707

(4) Performance standards by which the success of the school	52708
will be evaluated by the sponsor;	52709

(5) The admission standards of section 3314.06 of the Revised	52710
Code and, if applicable, section 3314.061 of the Revised Code;	52711

(6)(a) Dismissal procedures;

52712

(b) A requirement that the governing authority adopt an	52713
attendance policy that includes a procedure for automatically	52714
withdrawing a student from the school if the student without a	52715
legitimate excuse fails to participate in one hundred five	52716
consecutive hours of the learning opportunities offered to the	52717
student.	52718

(7) The ways by which the school will achieve racial and	52719
ethnic balance reflective of the community it serves;	52720

(8) Requirements for financial audits by the auditor of	52721
state. The contract shall require financial records of the school	52722
to be maintained in the same manner as are financial records of	52723
school districts, pursuant to rules of the auditor of state.	52724
Audits shall be conducted in accordance with section 117.10 of the	52725
Revised Code.	52726

(9) The facilities to be used and their locations;

52727

(10) Qualifications of teachers, including the following:

52728

(a) A requirement that the school's classroom teachers be	52729
licensed in accordance with sections 3319.22 to 3319.31 of the	52730
Revised Code, except that a community school may engage	52731
noncertificated persons to teach up to twelve hours per week	52732
pursuant to section 3319.301 of the Revised Code;	52733

(b) A requirement that each classroom teacher initially hired	52734
by the school on or after July 1, 2013, and employed to provide	52735
instruction in physical education hold a valid license issued	52736
pursuant to section 3319.22 of the Revised Code for teaching	52737
physical education.	52738

(11) That the school will comply with the following	52739
requirements:	52740

(a) The school will provide learning opportunities to a	52741
minimum of twenty-five students for a minimum of nine hundred	52742
twenty hours per school year.	52743

(b) The governing authority will purchase liability	52744
insurance, or otherwise provide for the potential liability of the	52745
school.	52746

(c) The school will be nonsectarian in its programs,	52747
admission policies, employment practices, and all other	52748
operations, and will not be operated by a sectarian school or	52749
religious institution.	52750

(d) The school will comply with sections 9.90, 9.91, 109.65,	52751
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	52752
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	52753
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	52754
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	52755
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	52756
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	52757
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	52758
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	52759
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	52760
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	52761
4123., 4141., and 4167. of the Revised Code as if it were a school	52762
district and will comply with section 3301.0714 of the Revised	52763
Code in the manner specified in section 3314.17 of the Revised	52764
Code.	52765

(e) The school shall comply with Chapter 102. and section	52766
2921.42 of the Revised Code.	52767

(f) The school will comply with sections 3313.61, 3313.611,	52768
and 3313.614 of the Revised Code, except that for students who	52769
enter ninth grade for the first time before July 1, 2010, the	52770
requirement in sections 3313.61 and 3313.611 of the Revised Code	52771
that a person must successfully complete the curriculum in any	52772
high school prior to receiving a high school diploma may be met by	52773
completing the curriculum adopted by the governing authority of	52774
the community school rather than the curriculum specified in Title	52775
XXXIII of the Revised Code or any rules of the state board of	52776
education. Beginning with students who enter ninth grade for the	52777
first time on or after July 1, 2010, the requirement in sections	52778
3313.61 and 3313.611 of the Revised Code that a person must	52779
successfully complete the curriculum of a high school prior to	52780
receiving a high school diploma shall be met by completing the	52781
Ohio core curriculum prescribed in division (C) of section	52782
3313.603 of the Revised Code, unless the person qualifies under	52783
division (D) or (F) of that section. Each school shall comply with	52784
the plan for awarding high school credit based on demonstration of	52785
subject area competency, adopted by the state board of education	52786
under division (J) of section 3313.603 of the Revised Code.	52787

(g) The school governing authority will submit within four	52788
months after the end of each school year a report of its	52789
activities and progress in meeting the goals and standards of	52790
divisions (A)(3) and (4) of this section and its financial status	52791
to the sponsor and the parents of all students enrolled in the	52792
school.	52793

(h) The school, unless it is an internet- or computer-based	52794
community school, will comply with section 3313.801 of the Revised	52795
Code as if it were a school district.	52796

(i) If the school is the recipient of moneys from a grant	52797
awarded under the federal race to the top program, Division (A),	52798
Title XIV, Sections 14005 and 14006 of the "American Recovery and	52799
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	52800
school will pay teachers based upon performance in accordance with	52801
section 3317.141 and will comply with section 3319.111 of the	52802
Revised Code as if it were a school district.	52803

(12) Arrangements for providing health and other benefits to	52804
employees;	52805

(13) The length of the contract, which shall begin at the	52806
beginning of an academic year. No contract shall exceed five years	52807
unless such contract has been renewed pursuant to division (E) of	52808
this section.	52809

(14) The governing authority of the school, which shall be	52810
responsible for carrying out the provisions of the contract;	52811

(15) A financial plan detailing an estimated school budget	52812
for each year of the period of the contract and specifying the	52813
total estimated per pupil expenditure amount for each such year.	52814
~~The plan shall specify for each year the base formula amount that~~	52815
~~will be used for purposes of funding calculations under section~~	52816
~~3314.08 of the Revised Code. This base formula amount for any year~~	52817
~~shall not exceed the formula amount defined under section 3317.02~~	52818
~~of the Revised Code. The plan may also specify for any year a~~	52819
~~percentage figure to be used for reducing the per pupil amount of~~	52820
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	52821
~~Code the school is to receive that year under section 3314.08 of~~	52822
~~the Revised Code.~~	52823

(16) Requirements and procedures regarding the disposition of	52824
employees of the school in the event the contract is terminated or	52825
not renewed pursuant to section 3314.07 of the Revised Code;	52826

(17) Whether the school is to be created by converting all or	52827
part of an existing public school or educational service center	52828
building or is to be a new start-up school, and if it is a	52829
converted public school or service center building, specification	52830
of any duties or responsibilities of an employer that the board of	52831
education or service center governing board that operated the	52832
school or building before conversion is delegating to the	52833
governing authority of the community school with respect to all or	52834
any specified group of employees provided the delegation is not	52835
prohibited by a collective bargaining agreement applicable to such	52836
employees;	52837

(18) Provisions establishing procedures for resolving	52838
disputes or differences of opinion between the sponsor and the	52839
governing authority of the community school;	52840

(19) A provision requiring the governing authority to adopt a	52841
policy regarding the admission of students who reside outside the	52842
district in which the school is located. That policy shall comply	52843
with the admissions procedures specified in sections 3314.06 and	52844
3314.061 of the Revised Code and, at the sole discretion of the	52845
authority, shall do one of the following:	52846

(a) Prohibit the enrollment of students who reside outside	52847
the district in which the school is located;	52848

(b) Permit the enrollment of students who reside in districts	52849
adjacent to the district in which the school is located;	52850

(c) Permit the enrollment of students who reside in any other	52851
district in the state.	52852

(20) A provision recognizing the authority of the department	52853
of education to take over the sponsorship of the school in	52854
accordance with the provisions of division (C) of section 3314.015	52855
of the Revised Code;	52856

(21) A provision recognizing the sponsor's authority to	52857
assume the operation of a school under the conditions specified in	52858
division (B) of section 3314.073 of the Revised Code;	52859

(22) A provision recognizing both of the following:

52860

(a) The authority of public health and safety officials to	52861
inspect the facilities of the school and to order the facilities	52862
closed if those officials find that the facilities are not in	52863
compliance with health and safety laws and regulations;	52864

(b) The authority of the department of education as the	52865
community school oversight body to suspend the operation of the	52866
school under section 3314.072 of the Revised Code if the	52867
department has evidence of conditions or violations of law at the	52868
school that pose an imminent danger to the health and safety of	52869
the school's students and employees and the sponsor refuses to	52870
take such action.	52871

(23) A description of the learning opportunities that will be	52872
offered to students including both classroom-based and	52873
non-classroom-based learning opportunities that is in compliance	52874
with criteria for student participation established by the	52875
department under division ~~(L)~~(H)(2) of section 3314.08 of the	52876
Revised Code;	52877

(24) The school will comply with sections 3302.04 and	52878
3302.041 of the Revised Code, except that any action required to	52879
be taken by a school district pursuant to those sections shall be	52880
taken by the sponsor of the school. However, the sponsor shall not	52881
be required to take any action described in division (F) of	52882
section 3302.04 of the Revised Code.	52883

(25) Beginning in the 2006-2007 school year, the school will	52884
open for operation not later than the thirtieth day of September	52885
each school year, unless the mission of the school as specified	52886
under division (A)(2) of this section is solely to serve dropouts.	52887
In its initial year of operation, if the school fails to open by	52888
the thirtieth day of September, or within one year after the	52889
adoption of the contract pursuant to division (D) of section	52890
3314.02 of the Revised Code if the mission of the school is solely	52891
to serve dropouts, the contract shall be void.	52892

(B) The community school shall also submit to the sponsor a	52893
comprehensive plan for the school. The plan shall specify the	52894
following:	52895

(1) The process by which the governing authority of the	52896
school will be selected in the future;	52897

(2) The management and administration of the school;

52898

(3) If the community school is a currently existing public	52899
school or educational service center building, alternative	52900
arrangements for current public school students who choose not to	52901
attend the converted school and for teachers who choose not to	52902
teach in the school or building after conversion;	52903

(4) The instructional program and educational philosophy of	52904
the school;	52905

(5) Internal financial controls.

52906

(C) A contract entered into under section 3314.02 of the	52907
Revised Code between a sponsor and the governing authority of a	52908
community school may provide for the community school governing	52909
authority to make payments to the sponsor, which is hereby	52910
authorized to receive such payments as set forth in the contract	52911
between the governing authority and the sponsor. The total amount	52912
of such payments for oversight and monitoring of the school shall	52913
not exceed three per cent of the total amount of payments for	52914
operating expenses that the school receives from the state.	52915

(D) The contract shall specify the duties of the sponsor	52916
which shall be in accordance with the written agreement entered	52917
into with the department of education under division (B) of	52918
section 3314.015 of the Revised Code and shall include the	52919
following:	52920

(1) Monitor the community school's compliance with all laws	52921
applicable to the school and with the terms of the contract;	52922

(2) Monitor and evaluate the academic and fiscal performance	52923
and the organization and operation of the community school on at	52924
least an annual basis;	52925

(3) Report on an annual basis the results of the evaluation	52926
conducted under division (D)(2) of this section to the department	52927
of education and to the parents of students enrolled in the	52928
community school;	52929

(4) Provide technical assistance to the community school in	52930
complying with laws applicable to the school and terms of the	52931
contract;	52932

(5) Take steps to intervene in the school's operation to	52933
correct problems in the school's overall performance, declare the	52934
school to be on probationary status pursuant to section 3314.073	52935
of the Revised Code, suspend the operation of the school pursuant	52936
to section 3314.072 of the Revised Code, or terminate the contract	52937
of the school pursuant to section 3314.07 of the Revised Code as	52938
determined necessary by the sponsor;	52939

(6) Have in place a plan of action to be undertaken in the	52940
event the community school experiences financial difficulties or	52941
closes prior to the end of a school year.	52942

(E) Upon the expiration of a contract entered into under this	52943
section, the sponsor of a community school may, with the approval	52944
of the governing authority of the school, renew that contract for	52945
a period of time determined by the sponsor, but not ending earlier	52946
than the end of any school year, if the sponsor finds that the	52947
school's compliance with applicable laws and terms of the contract	52948
and the school's progress in meeting the academic goals prescribed	52949
in the contract have been satisfactory. Any contract that is	52950
renewed under this division remains subject to the provisions of	52951
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	52952

(F) If a community school fails to open for operation within	52953
one year after the contract entered into under this section is	52954
adopted pursuant to division (D) of section 3314.02 of the Revised	52955
Code or permanently closes prior to the expiration of the	52956
contract, the contract shall be void and the school shall not	52957
enter into a contract with any other sponsor. A school shall not	52958
be considered permanently closed because the operations of the	52959
school have been suspended pursuant to section 3314.072 of the	52960
Revised Code.	52961

Sec. 3314.042. The governing authority of each community	52962
school shall comply with the standards for financial reporting	52963
adopted under division (B)(2) of section 3301.07 of the Revised	52964
Code.	52965

Sec. 3314.05. (A) The contract between the community school	52966
and the sponsor shall specify the facilities to be used for the	52967
community school and the method of acquisition. Except as provided	52968
in divisions (B)(3) and (4) of this section, no community school	52969
shall be established in more than one school district under the	52970
same contract.	52971

(B) Division (B) of this section shall not apply to internet-	52972
or computer-based community schools.	52973

(1) A community school may be located in multiple facilities	52974
under the same contract only if the limitations on availability of	52975
space prohibit serving all the grade levels specified in the	52976
contract in a single facility or division (B)(2), (3), or (4) of	52977
this section applies to the school. The school shall not offer the	52978
same grade level classrooms in more than one facility.	52979

(2) A community school may be located in multiple facilities	52980
under the same contract and, notwithstanding division (B)(1) of	52981
this section, may assign students in the same grade level to	52982
multiple facilities, as long as all of the following apply:	52983

(a) ~~The governing authority of the community school filed a~~	52984
~~copy of its contract with the school's sponsor under section~~	52985
~~3314.03 of the Revised Code with the superintendent of public~~	52986
~~instruction on or before May 15, 2008.~~	52987

~~(b) The school was not open for operation prior to July 1,~~	52988
~~2008.~~	52989

~~(c)~~ The governing authority has entered into and maintains a	52990
contract with an operator of the type described in division	52991
(A)(8)(b) of section 3314.02 of the Revised Code.	52992

~~(d)~~(b) The contract with that operator qualified the school	52993
to be established pursuant to division (A) of former section	52994
3314.016 of the Revised Code.	52995

~~(e)~~(c) The school's rating under section 3302.03 of the	52996
Revised Code does not fall below a combination of any of the	52997
following for two or more consecutive years:	52998

(i) A rating of "in need of continuous improvement" under	52999
section 3302.03 of the Revised Code, as that section existed prior	53000
to ~~the effective date of this section~~March 22, 2013;	53001

(ii) For the 2012-2013 and 2013-2014 school years, a rating	53002
of "C" for both the performance index score under division	53003
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	53004
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	53005
Code; or if the building serves only grades ten through twelve,	53006
the building received a grade of "C" for the performance index	53007
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	53008
the Revised Code;	53009

(iii) For the 2014-2015 school year and for any school year	53010
thereafter, an overall grade of "C" under division (C)(3) of	53011
section 3302.03 of the Revised Code or an overall performance	53012
designation of "meets standards" under division (E)(3)(e) of	53013
section 3314.017 of the Revised Code.	53014

(3) A new start-up community school may be established in two	53015
school districts under the same contract if all of the following	53016
apply:	53017

(a) At least one of the school districts in which the school	53018
is established is a challenged school district;	53019

(b) The school operates not more than one facility in each	53020
school district and, in accordance with division (B)(1) of this	53021
section, the school does not offer the same grade level classrooms	53022
in both facilities; and	53023

(c) Transportation between the two facilities does not	53024
require more than thirty minutes of direct travel time as measured	53025
by school bus.	53026

In the case of a community school to which division (B)(3) of	53027
this section applies, if only one of the school districts in which	53028
the school is established is a challenged school district, that	53029
district shall be considered the school's primary location and the	53030
district in which the school is located for the purposes of	53031
division (A)(19) of section 3314.03 and divisions (C) and (H) of	53032
section 3314.06 of the Revised Code and for all other purposes of	53033
this chapter. If both of the school districts in which the school	53034
is established are challenged school districts, the school's	53035
governing authority shall designate one of those districts to be	53036
considered the school's primary location and the district in which	53037
the school is located for the purposes of those divisions and all	53038
other purposes of this chapter and shall notify the department of	53039
education of that designation.	53040

(4) A community school may be located in multiple facilities	53041
under the same contract and, notwithstanding division (B)(1) of	53042
this section, may assign students in the same grade level to	53043
multiple facilities, as long as both of the following apply:	53044

(a) The facilities are all located in the same county.

53045

(b) Either of the following conditions are satisfied:

53046

(i) The community school is sponsored by a board of education	53047
of a city, local, or exempted village school district having	53048
territory in the same county where the facilities of the community	53049
school are located;	53050

(ii) The community school is managed by an operator.

53051

In the case of a community school to which division (B)(4) of	53052
this section applies and that maintains facilities in more than	53053
one school district, the school's governing authority shall	53054
designate one of those districts to be considered the school's	53055
primary location and the district in which the school is located	53056
for the purposes of division (A)(19) of section 3314.03 and	53057
divisions (C) and (H) of section 3314.06 of the Revised Code and	53058
for all other purposes of this chapter and shall notify the	53059
department of that designation.	53060

(5) Any facility used for a community school shall meet all	53061
health and safety standards established by law for school	53062
buildings.	53063

(C) In the case where a community school is proposed to be	53064
located in a facility owned by a school district or educational	53065
service center, the facility may not be used for such community	53066
school unless the district or service center board owning the	53067
facility enters into an agreement for the community school to	53068
utilize the facility. Use of the facility may be under any terms	53069
and conditions agreed to by the district or service center board	53070
and the school.	53071

(D) Two or more separate community schools may be located in	53072
the same facility.	53073

(E) In the case of a community school that is located in	53074
multiple facilities, beginning July 1, 2012, the department shall	53075
assign a unique identification number to the school and to each	53076
facility maintained by the school. Each number shall be used for	53077
identification purposes only. Nothing in this division shall be	53078
construed to require the department to calculate the amount of	53079
funds paid under this chapter, or to compute any data required for	53080
the report cards issued under section 3314.012 of the Revised	53081
Code, for each facility separately. The department shall make all	53082
such calculations or computations for the school as a whole.	53083

Sec. 3314.06. The governing authority of each community	53084
school established under this chapter shall adopt admission	53085
procedures that specify the following:	53086

(A) That, except as otherwise provided in this section,	53087
admission to the school shall be open to any individual age five	53088
to twenty-two entitled to attend school pursuant to section	53089
3313.64 or 3313.65 of the Revised Code in a school district in the	53090
state.	53091

Additionally, except as otherwise provided in this section,	53092
admission to the school may be open on a tuition basis to any	53093
individual age five to twenty-two who is not a resident of this	53094
state. The school shall not receive state funds under section	53095
3314.08 of the Revised Code for any student who is not a resident	53096
of this state.	53097

An individual younger than five years of age may be admitted	53098
to the school in accordance with division (A)(2) of section	53099
3321.01 of the Revised Code.	53100

(B)(1) That admission to the school may be limited to	53101
students who have attained a specific grade level or are within a	53102
specific age group; to students that meet a definition of	53103
"at-risk," as defined in the contract; to residents of a specific	53104
geographic area within the district, as defined in the contract;	53105
or to separate groups of autistic students and nondisabled	53106
students, as authorized in section 3314.061 of the Revised Code	53107
and as defined in the contract.	53108

(2) For purposes of division (B)(1) of this section,	53109
"at-risk" students may include those students identified as gifted	53110
students under section 3324.03 of the Revised Code.	53111

(C) Whether enrollment is limited to students who reside in	53112
the district in which the school is located or is open to	53113
residents of other districts, as provided in the policy adopted	53114
pursuant to the contract.	53115

(D)(1) That there will be no discrimination in the admission	53116
of students to the school on the basis of race, creed, color,	53117
disability, or sex except that:	53118

(a) The governing authority may do either of the following	53119
for the purpose described in division (G) of this section:	53120

(i) Establish a single-gender school for either sex;

53121

(ii) Establish single-gender schools for each sex under the	53122
same contract, provided substantially equal facilities and	53123
learning opportunities are offered for both boys and girls. Such	53124
facilities and opportunities may be offered for each sex at	53125
separate locations.	53126

(b) The governing authority may establish a school that	53127
simultaneously serves a group of students identified as autistic	53128
and a group of students who are not disabled, as authorized in	53129
section 3314.061 of the Revised Code. However, unless the total	53130
capacity established for the school has been filled, no student	53131
with any disability shall be denied admission on the basis of that	53132
disability.	53133

(2) That upon admission of any student with a disability, the	53134
community school will comply with all federal and state laws	53135
regarding the education of students with disabilities.	53136

(E) That the school may not limit admission to students on	53137
the basis of intellectual ability, measures of achievement or	53138
aptitude, or athletic ability, except that a school may limit its	53139
enrollment to students as described in division (B) of this	53140
section.	53141

(F) That the community school will admit the number of	53142
students that does not exceed the capacity of the school's	53143
programs, classes, grade levels, or facilities.	53144

(G) That the purpose of single-gender schools that are	53145
established shall be to take advantage of the academic benefits	53146
some students realize from single-gender instruction and	53147
facilities and to offer students and parents residing in the	53148
district the option of a single-gender education.	53149

(H) That, except as otherwise provided under division (B) of	53150
this section or section 3314.061 of the Revised Code, if the	53151
number of applicants exceeds the capacity restrictions of division	53152
(F) of this section, students shall be admitted by lot from all	53153
those submitting applications, except preference shall be given to	53154
students attending the school the previous year and to students	53155
who reside in the district in which the school is located.	53156
Preference may be given to siblings of students attending the	53157
school the previous year.	53158

Notwithstanding divisions (A) to (H) of this section, in the	53159
event the racial composition of the enrollment of the community	53160
school is violative of a federal desegregation order, the	53161
community school shall take any and all corrective measures to	53162
comply with the desegregation order.	53163

Sec. 3314.072. The provisions of this section are enacted to	53164
promote the public health, safety, and welfare by establishing	53165
procedures under which the governing authorities of community	53166
schools established under this chapter will be held accountable	53167
for their compliance with the terms of the contracts they enter	53168
into with their school's sponsors and the law relating to the	53169
school's operation. Suspension of the operation of a school	53170
imposed under this section is intended to encourage the governing	53171
authority's compliance with the terms of the school's contract and	53172
the law and is not intended to be an alteration of the terms of	53173
that contract.	53174

(A) If a sponsor of a community school established under this	53175
chapter suspends the operation of that school pursuant to	53176
procedures set forth in this section, the governing authority	53177
shall not operate that school while the suspension is in effect.	53178
Any such suspension shall remain in effect until the sponsor	53179
notifies the governing authority that it is no longer in effect.	53180
The contract of a school of which operation is suspended under	53181
this section also may be subject to termination or nonrenewal	53182
under section 3314.07 of the Revised Code.	53183

(B) If at any time conditions at the school do not comply	53184
with a health and safety standard established by law for school	53185
buildings, the sponsor shall immediately suspend the operation of	53186
the school pursuant to procedures set forth in division (D) of	53187
this section. If the sponsor fails to take action to suspend the	53188
operation of a school to which this division applies, the	53189
department of education may take such action.	53190

(C)(1) For any of the reasons prescribed in division	53191
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	53192
sponsor of a community school established under this chapter may	53193
suspend the operation of the school only if it first issues to the	53194
governing authority notice of the sponsor's intent to suspend the	53195
operation of the contract. Such notice shall explain the reasons	53196
for the sponsor's intent to suspend operation of the contract and	53197
shall provide the school's governing authority with five business	53198
days to submit to the sponsor a proposal to remedy the conditions	53199
cited as reasons for the suspension.	53200

(2) The sponsor shall promptly review any proposed remedy	53201
timely submitted by the governing authority and either approve or	53202
disapprove the remedy. If the sponsor disapproves the remedy	53203
proposed by the governing authority, if the governing authority	53204
fails to submit a proposed remedy in the manner prescribed by the	53205
sponsor, or if the governing authority fails to implement the	53206
remedy as approved by the sponsor, the sponsor may suspend	53207
operation of the school pursuant to procedures set forth in	53208
division (D) of this section.	53209

(D)(1) If division (B) of this section applies or if the	53210
sponsor of a community school established under this chapter	53211
decides to suspend the operation of a school as permitted in	53212
division (C)(2) of this section, the sponsor shall promptly send	53213
written notice to the governing authority stating that the	53214
operation of the school is immediately suspended, and explaining	53215
the specific reasons for the suspension. The notice shall state	53216
that the governing authority has five business days to submit a	53217
proposed remedy to the conditions cited as reasons for the	53218
suspension or face potential contract termination.	53219

(2) Upon receipt of the notice of suspension prescribed under	53220
division (D)(1) of this section, the governing authority shall	53221
immediately notify the employees of the school and the parents of	53222
the students enrolled in the school of the suspension and the	53223
reasons therefore, and shall cease all school operations on the	53224
next business day.	53225

(E)(1) Beginning with the 2013-2014 school year, if the	53226
sponsor of a community school suspends the operation of that	53227
school pursuant to procedures set forth in this section, the	53228
school's contract with the sponsor under section 3314.03 of the	53229
Revised Code shall become void, if the governing authority of the	53230
school fails to provide a proposal to remedy the conditions cited	53231
by the sponsor as reasons for the suspension, to the satisfaction	53232
of the sponsor, by the thirtieth day of September of the school	53233
year immediately following the school year in which the operation	53234
of school was suspended.	53235

(2) If, prior to the effective date of this amendment, the	53236
sponsor of a community school has suspended the operation of the	53237
school, the contract with the sponsor under section 3314.03 of the	53238
Revised Code shall become void if the governing authority of the	53239
school fails to provide by September 30, 2014, a proposal to	53240
remedy the conditions cited by the sponsor as reasons for the	53241
suspension, to the satisfaction of the sponsor.	53242

Sec. 3314.074. Divisions (A) and (B) of this section apply	53243
only to the extent permitted under Chapter 1702. of the Revised	53244
Code.	53245

(A) If any community school established under this chapter	53246
permanently closes and ceases its operation as a community school,	53247
the assets of that school shall be distributed first to the	53248
retirement funds of employees of the school, employees of the	53249
school, and private creditors who are owed compensation, and then	53250
any remaining funds shall be paid to the department of education	53251
for redistribution to the school districts in which the students	53252
who were enrolled in the school at the time it ceased operation	53253
were entitled to attend school under section 3313.64 or 3313.65 of	53254
the Revised Code. The amount distributed to each school district	53255
shall be proportional to the district's share of the total	53256
enrollment in the community school.	53257

(B) If a community school closes and ceases to operate as a	53258
community school and the school has received computer hardware or	53259
software from the former Ohio SchoolNet commission or the former	53260
eTech Ohio commission, such hardware or software shall be ~~returned~~	53261
turned over to the ~~eTech Ohio commission~~department of education,	53262
~~and the eTech Ohio commission~~which shall redistribute the	53263
hardware and software, to the extent such redistribution is	53264
possible, to school districts in conformance with the provisions	53265
of the programs as they were operated and administered by the	53266
former eTech Ohio commission.	53267

(C) If the assets of the school are insufficient to pay all	53268
persons or entities to whom compensation is owed, the	53269
prioritization of the distribution of the assets to individual	53270
persons or entities within each class of payees may be determined	53271
by decree of a court in accordance with this section and Chapter	53272
1702. of the Revised Code.	53273

Sec. 3314.08. ~~The deductions under division (C) and the~~	53274
~~payments under division (D) of this section for fiscal years 2012~~	53275
~~and 2013 shall be made in accordance with section 3314.088 of the~~	53276
~~Revised Code.~~	53277

(A) As used in this section:

53278

(1) ~~"Base formula amount" means the amount specified as such~~	53279
~~in a community school's financial plan for a school year pursuant~~	53280
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	53281

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	53282
~~Revised Code.~~	53283

~~(3) "Applicable special education weight" means the multiple~~	53284
~~specified in section 3317.013 of the Revised Code for a disability~~	53285
~~described in that section.~~	53286

~~(4) "Applicable vocational education weight" means:~~

53287

~~(a) For a student enrolled in vocational education programs~~	53288
~~or classes described in division (A) of section 3317.014 of the~~	53289
~~Revised Code, the multiple specified in that division;~~	53290

~~(b) For a student enrolled in vocational education programs~~	53291
~~or classes described in division (B) of section 3317.014 of the~~	53292
~~Revised Code, the multiple specified in that division.~~	53293

~~(5) "Entitled to attend school" means entitled to attend~~	53294
~~school in a district under section 3313.64 or 3313.65 of the~~	53295
~~Revised Code.~~	53296

~~(6) A community school student is "included in the poverty~~	53297
~~student count" of a school district if the student is entitled to~~	53298
~~attend school in the district and the student's family receives~~	53299
~~assistance under the Ohio works first program.~~	53300

~~(7) "Poverty-based assistance reduction factor" means the~~	53301
~~percentage figure, if any, for reducing the per pupil amount of~~	53302
~~poverty-based assistance a community school is entitled to receive~~	53303
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	53304
~~as specified in the school's financial plan for the year pursuant~~	53305
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	53306

~~(8) "All-day kindergarten" has the same meaning as in section~~	53307
~~3321.05 of the Revised Code.~~	53308

~~(9)~~(a) "Category one career-technical education student"	53309
means a student who is receiving the career-technical education	53310
services described in division (A) of section 3317.014 of the	53311
Revised Code.	53312

(b) "Category two career-technical student" means a student	53313
who is receiving the career-technical education services described	53314
in division (B) of section 3317.014 of the Revised Code.	53315

(c) "Category three career-technical student" means a student	53316
who is receiving the career-technical education services described	53317
in division (C) of section 3317.014 of the Revised Code.	53318

(d) "Category four career-technical student" means a student	53319
who is receiving the career-technical education services described	53320
in division (D) of section 3317.014 of the Revised Code.	53321

(e) "Category five career-technical education student" means	53322
a student who is receiving the career-technical education services	53323
described in division (E) of section 3317.014 of the Revised Code.	53324

(2)(a) "Category one limited English proficient student"	53325
means a limited English proficient student described in division	53326
(A) of section 3317.016 of the Revised Code.	53327

(b) "Category two limited English proficient student" means a	53328
limited English proficient student described in division (B) of	53329
section 3317.016 of the Revised Code.	53330

(c) "Category three limited English proficient student" means	53331
a limited English proficient student described in division (C) of	53332
section 3317.016 of the Revised Code.	53333

(3)(a) "Category one special education student" means a	53334
student who is receiving special education services for a	53335
disability specified in division (A) of section 3317.013 of the	53336
Revised Code.	53337

(b) "Category two special education student" means a student	53338
who is receiving special education services for a disability	53339
specified in division (B) of section 3317.013 of the Revised Code.	53340

(c) "Category three special education student" means a	53341
student who is receiving special education services for a	53342
disability specified in division (C) of section 3317.013 of the	53343
Revised Code.	53344

(d) "Category four special education student" means a student	53345
who is receiving special education services for a disability	53346
specified in division (D) of section 3317.013 of the Revised Code.	53347

(e) "Category five special education student" means a student	53348
who is receiving special education services for a disability	53349
specified in division (E) of section 3317.013 of the Revised Code.	53350

(f) "Category six special education student" means a student	53351
who is receiving special education services for a disability	53352
specified in division (F) of section 3317.013 of the Revised Code.	53353

(4) "Formula amount" has the same meaning as in section	53354
3317.02 of the Revised Code.	53355

(5) "IEP" has the same meaning as in section 3323.01 of the	53356
Revised Code.	53357

(6) "Resident district" means the school district in which a	53358
student is entitled to attend school under section 3313.64 or	53359
3313.65 of the Revised Code.	53360

(7) "State education aid" has the same meaning as in section	53361
5751.20 of the Revised Code.	53362

(B) The state board of education shall adopt rules requiring	53363
both of the following:	53364

(1) The board of education of each city, exempted village,	53365
and local school district to annually report the number of	53366
students entitled to attend school in the district who are	53367
enrolled in ~~grades one~~each grade kindergarten through twelve in a	53368
community school established under this chapter, ~~the number of~~	53369
~~students entitled to attend school in the district who are~~	53370
~~enrolled in kindergarten in a community school, the number of~~	53371
~~those kindergartners who are enrolled in all-day kindergarten in~~	53372
~~their community school,~~ and for each child, the community school	53373
in which the child is enrolled.	53374

(2) The governing authority of each community school	53375
established under this chapter to annually report all of the	53376
following:	53377

(a) The number of students enrolled in grades one through	53378
twelve and the full-time equivalent number of students enrolled in	53379
kindergarten in the school who are not receiving special education	53380
and related services pursuant to an IEP;	53381

(b) The number of enrolled students in grades one through	53382
twelve and the full-time equivalent number of enrolled students in	53383
kindergarten, who are receiving special education and related	53384
services pursuant to an IEP;	53385

(c) The number of students reported under division (B)(2)(b)	53386
of this section receiving special education and related services	53387
pursuant to an IEP for a disability described in each of divisions	53388
(A) to (F) of section 3317.013 of the Revised Code;	53389

(d) The full-time equivalent number of students reported	53390
under divisions (B)(2)(a) and (b) of this section who are enrolled	53391
in ~~vocational~~career-technical education programs or classes	53392
described in each of divisions (A) ~~and (B)~~to (E) of section	53393
3317.014 of the Revised Code that are provided by the community	53394
school;	53395

(e) Twenty per cent of the number of students reported under	53396
divisions (B)(2)(a) and (b) of this section who are not reported	53397
under division (B)(2)(d) of this section but who are enrolled in	53398
~~vocational~~career-technical education programs or classes	53399
described in each of divisions (A) ~~and (B)~~to (E) of section	53400
3317.014 of the Revised Code at a joint vocational school district	53401
~~under a contract between the community school and the joint~~	53402
~~vocational school district and are entitled to attend school in a~~	53403
~~city, local, or exempted village school district whose territory~~	53404
~~is part of the territory of the joint vocational school district~~	53405
or another district in the career-technical planning district to	53406
which the school is assigned;	53407

(f) ~~The number of enrolled preschool children with~~	53408
~~disabilities receiving special education services in a~~	53409
~~state-funded unit;~~	53410

~~(g) The community school's base formula amount;~~

53411

~~(h)~~The number of students reported under divisions (B)(2)(a)	53412
and (b) of this section who are category one to three limited	53413
English proficient students described in each of divisions (A) to	53414
(C) of section 3317.016 of the Revised Code;	53415

(g) The number of students reported under divisions (B)(2)(a)	53416
and (b) who are economically disadvantaged, as defined by the	53417
department. A student shall not be categorically excluded from the	53418
number reported under division (B)(2)(g) of this section based on	53419
anything other than family income.	53420

(h) For each student, the city, exempted village, or local	53421
school district in which the student is entitled to attend school;	53422

~~(i) Any poverty-based assistance reduction factor that~~	53423
~~applies to a school year~~under section 3313.64 or 3313.65 of the	53424
Revised Code.	53425

A school district board and a community school governing	53426
authority shall include in their respective reports under division	53427
(B) of this section any child admitted in accordance with division	53428
(A)(2) of section 3321.01 of the Revised Code.	53429

A governing authority of a community school shall not include	53430
in its report under division (B)(2) of this section any student	53431
for whom tuition is charged under division (F) of this section.	53432

(C) ~~From the state education aid calculated for a city,~~	53433
~~exempted village, or local school district and, if necessary, from~~	53434
~~the payment made to the district under sections 321.24 and 323.156~~	53435
~~of the Revised Code, the department of education shall annually~~	53436
~~subtract the sum of the amounts described in divisions (C)(1) to~~	53437
~~(9) of this section. However, when deducting payments on behalf of~~	53438
~~students enrolled in internet- or computer-based community~~	53439
~~schools, the department shall deduct only those amounts described~~	53440
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	53441
~~aggregate amount deducted under this division shall not exceed the~~	53442
~~sum of the district's state education aid and its payment under~~	53443
~~sections 321.24 and 323.156 of the Revised Code.~~	53444

~~(1) An amount equal to the sum of the amounts obtained when,~~	53445
~~for each community school where the district's students are~~	53446
~~enrolled, the number of the district's students reported under~~	53447
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	53448
~~in grades one through twelve, and one-half the number of students~~	53449
~~reported under those divisions who are enrolled in kindergarten,~~	53450
~~in that community school is multiplied by the sum of the base~~	53451
~~formula amount of that community school plus the per pupil amount~~	53452
~~of the base funding supplements specified in divisions (C)(1) to~~	53453
~~(4) of section 3317.012 of the Revised Code.~~	53454

~~(2) The sum of the amounts calculated under divisions~~	53455
~~(C)(2)(a) and (b) of this section:~~	53456

~~(a) For each of the district's students reported under~~	53457
~~division (B)(2)(c) of this section as enrolled in a community~~	53458
~~school in grades one through twelve and receiving special~~	53459
~~education and related services pursuant to an IEP for a disability~~	53460
~~described in section 3317.013 of the Revised Code, the product of~~	53461
~~the applicable special education weight times the community~~	53462
~~school's base formula amount;~~	53463

~~(b) For each of the district's students reported under~~	53464
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	53465
~~a community school and receiving special education and related~~	53466
~~services pursuant to an IEP for a disability described in section~~	53467
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	53468
~~prescribed in division (C)(2)(a) of this section.~~	53469

~~(3) For each of the district's students reported under~~	53470
~~division (B)(2)(d) of this section for whom payment is made under~~	53471
~~division (D)(4) of this section, the amount of that payment;~~	53472

~~(4) An amount equal to the sum of the amounts obtained when,~~	53473
~~for each community school where the district's students are~~	53474
~~enrolled, the number of the district's students enrolled in that~~	53475
~~community school who are included in the district's poverty~~	53476
~~student count is multiplied by the per pupil amount of~~	53477
~~poverty-based assistance the school district receives that year~~	53478
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	53479
~~as adjusted by any poverty-based assistance reduction factor of~~	53480
~~that community school. The per pupil amount of that aid for the~~	53481
~~district shall be calculated by the department.~~	53482

~~(5) An amount equal to the sum of the amounts obtained when,~~	53483
~~for each community school where the district's students are~~	53484
~~enrolled, the district's per pupil amount of aid received under~~	53485
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	53486
~~by any poverty-based assistance reduction factor of the community~~	53487
~~school, is multiplied by the sum of the following:~~	53488

~~(a) The number of the district's students reported under~~	53489
~~division (B)(2)(a) of this section who are enrolled in grades one~~	53490
~~to three in that community school and who are not receiving~~	53491
~~special education and related services pursuant to an IEP;~~	53492

~~(b) One-half of the district's students who are enrolled in~~	53493
~~all-day or any other kindergarten class in that community school~~	53494
~~and who are not receiving special education and related services~~	53495
~~pursuant to an IEP;~~	53496

~~(c) One-half of the district's students who are enrolled in~~	53497
~~all-day kindergarten in that community school and who are not~~	53498
~~receiving special education and related services pursuant to an~~	53499
~~IEP.~~	53500

~~The district's per pupil amount of aid under division (E) of~~	53501
~~section 3317.029 of the Revised Code is the quotient of the amount~~	53502
~~the district received under that division divided by the~~	53503
~~district's kindergarten through third grade ADM, as defined in~~	53504
~~that section.~~	53505

~~(6) An amount equal to the sum of the amounts obtained when,~~	53506
~~for each community school where the district's students are~~	53507
~~enrolled, the district's per pupil amount received under division~~	53508
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	53509
~~poverty-based assistance reduction factor of that community~~	53510
~~school, is multiplied by the number of the district's students~~	53511
~~enrolled in the community school who are identified as~~	53512
~~limited-English proficient.~~	53513

~~(7) An amount equal to the sum of the amounts obtained when,~~	53514
~~for each community school where the district's students are~~	53515
~~enrolled, the district's per pupil amount received under division~~	53516
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	53517
~~poverty-based assistance reduction factor of that community~~	53518
~~school, is multiplied by the sum of the following:~~	53519

~~(a) The number of the district's students enrolled in grades~~	53520
~~one through twelve in that community school;~~	53521

~~(b) One-half of the number of the district's students~~	53522
~~enrolled in kindergarten in that community school.~~	53523

~~The district's per pupil amount under division (G) of section~~	53524
~~3317.029 of the Revised Code is the district's amount per teacher~~	53525
~~calculated under division (G)(1) or (2) of that section divided by~~	53526
~~17.~~	53527

~~(8) An amount equal to the sum of the amounts obtained when,~~	53528
~~for each community school where the district's students are~~	53529
~~enrolled, the district's per pupil amount received under divisions~~	53530
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	53531
~~by any poverty-based assistance reduction factor of that community~~	53532
~~school, is multiplied by the sum of the following:~~	53533

~~(a) The number of the district's students enrolled in grades~~	53534
~~one through twelve in that community school;~~	53535

~~(b) One-half of the number of the district's students~~	53536
~~enrolled in kindergarten in that community school.~~	53537

~~The district's per pupil amount under divisions (H) and (I)~~	53538
~~of section 3317.029 of the Revised Code is the amount calculated~~	53539
~~under each division divided by the district's formula ADM, as~~	53540
~~defined in section 3317.02 of the Revised Code.~~	53541

~~(9) An amount equal to the per pupil state parity aid funding~~	53542
~~calculated for the school district under either division (C) or~~	53543
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	53544
~~of the number of students in grades one through twelve, and~~	53545
~~one-half of the number of students in kindergarten, who are~~	53546
~~entitled to attend school in the district and are enrolled in a~~	53547
~~community school as reported under division (B)(1) of this~~	53548
~~section.~~	53549

~~(D) The department shall annually pay to a community school~~	53550
~~established under this chapter the sum of the amounts described in~~	53551
~~divisions (D)(1) to (10) of this section. However, the department~~	53552
~~shall calculate and pay to each internet- or computer-based~~	53553
~~community school only the amounts described in divisions (D)(1) to~~	53554
~~(3) of this section. Furthermore, the sum of the payments to all~~	53555
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	53556
~~this section for the students entitled to attend school in any~~	53557
~~particular school district shall not exceed the sum of that~~	53558
~~district's state education aid and its payment under sections~~	53559
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	53560
~~calculated under those divisions for the students entitled to~~	53561
~~attend school in a particular school district exceeds the sum of~~	53562
~~that district's state education aid and its payment under sections~~	53563
~~321.24 and 323.156 of the Revised Code, the department shall~~	53564
~~calculate and apply a proration factor to the payments to all~~	53565
~~community schools under those divisions for the students entitled~~	53566
~~to attend school in that district.~~	53567

~~(1) An amount equal to the sum of the amounts obtained when~~	53568
~~the number of students enrolled in grades one through twelve, plus~~	53569
~~one-half of the kindergarten students in the school, reported~~	53570
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	53571
~~not receiving special education and related services pursuant to~~	53572
~~an IEP for a disability described in section 3317.013 of the~~	53573
~~Revised Code is multiplied by the sum of the community school's~~	53574
~~base formula amount plus the per pupil amount of the base funding~~	53575
~~supplements specified in divisions (C)(1) to (4) of section~~	53576
~~3317.012 of the Revised Code.~~	53577

~~(2) The sum of the following amounts:~~

53578

~~(a) For each student reported under division (B)(2)(c) of~~	53579
~~this section as enrolled in the school in grades one through~~	53580
~~twelve and receiving special education and related services~~	53581
~~pursuant to an IEP for a disability described in section 3317.013~~	53582
~~of the Revised Code, the following amount:~~	53583

~~(the school's base formula amount plus~~	53584

~~the per pupil amount of the base funding supplements specified in~~	53585

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	53586

~~+ (the applicable special education weight X the~~	53587

~~community school's base formula amount);~~	53588

~~(b) For each student reported under division (B)(2)(c) of~~	53589
~~this section as enrolled in kindergarten and receiving special~~	53590
~~education and related services pursuant to an IEP for a disability~~	53591
~~described in section 3317.013 of the Revised Code, one-half of the~~	53592
~~amount calculated under the formula prescribed in division~~	53593
~~(D)(2)(a) of this section.~~	53594

~~(3) An amount received from federal funds to provide special~~	53595
~~education and related services to students in the community~~	53596
~~school, as determined by the superintendent of public instruction.~~	53597

~~(4) For each student reported under division (B)(2)(d) of~~	53598
~~this section as enrolled in vocational education programs or~~	53599
~~classes that are described in section 3317.014 of the Revised~~	53600
~~Code, are provided by the community school, and are comparable as~~	53601
~~determined by the superintendent of public instruction to school~~	53602
~~district vocational education programs and classes eligible for~~	53603
~~state weighted funding under section 3317.014 of the Revised Code,~~	53604
~~an amount equal to the applicable vocational education weight~~	53605
~~times the community school's base formula amount times the~~	53606
~~percentage of time the student spends in the vocational education~~	53607
~~programs or classes.~~	53608

~~(5) An amount equal to the sum of the amounts obtained when,~~	53609
~~for each school district where the community school's students are~~	53610
~~entitled to attend school, the number of that district's students~~	53611
~~enrolled in the community school who are included in the~~	53612
~~district's poverty student count is multiplied by the per pupil~~	53613
~~amount of poverty-based assistance that school district receives~~	53614
~~that year pursuant to division (C) of section 3317.029 of the~~	53615
~~Revised Code, as adjusted by any poverty-based assistance~~	53616
~~reduction factor of the community school. The per pupil amount of~~	53617
~~aid shall be determined as described in division (C)(4) of this~~	53618
~~section.~~	53619

~~(6) An amount equal to the sum of the amounts obtained when,~~	53620
~~for each school district where the community school's students are~~	53621
~~entitled to attend school, the district's per pupil amount of aid~~	53622
~~received under division (E) of section 3317.029 of the Revised~~	53623
~~Code, as adjusted by any poverty-based assistance reduction factor~~	53624
~~of the community school, is multiplied by the sum of the~~	53625
~~following:~~	53626

~~(a) The number of the district's students reported under~~	53627
~~division (B)(2)(a) of this section who are enrolled in grades one~~	53628
~~to three in that community school and who are not receiving~~	53629
~~special education and related services pursuant to an IEP;~~	53630

~~(b) One-half of the district's students who are enrolled in~~	53631
~~all-day or any other kindergarten class in that community school~~	53632
~~and who are not receiving special education and related services~~	53633
~~pursuant to an IEP;~~	53634

~~(c) One-half of the district's students who are enrolled in~~	53635
~~all-day kindergarten in that community school and who are not~~	53636
~~receiving special education and related services pursuant to an~~	53637
~~IEP.~~	53638

~~The district's per pupil amount of aid under division (E) of~~	53639
~~section 3317.029 of the Revised Code shall be determined as~~	53640
~~described in division (C)(5) of this section.~~	53641

~~(7) An amount equal to the sum of the amounts obtained when,~~	53642
~~for each school district where the community school's students are~~	53643
~~entitled to attend school, the number of that district's students~~	53644
~~enrolled in the community school who are identified as~~	53645
~~limited-English proficient is multiplied by the district's per~~	53646
~~pupil amount received under division (F) of section 3317.029 of~~	53647
~~the Revised Code, as adjusted by any poverty-based assistance~~	53648
~~reduction factor of the community school.~~	53649

~~(8) An amount equal to the sum of the amounts obtained when,~~	53650
~~for each school district where the community school's students are~~	53651
~~entitled to attend school, the district's per pupil amount~~	53652
~~received under division (G) of section 3317.029 of the Revised~~	53653
~~Code, as adjusted by any poverty-based assistance reduction factor~~	53654
~~of the community school, is multiplied by the sum of the~~	53655
~~following:~~	53656

~~(a) The number of the district's students enrolled in grades~~	53657
~~one through twelve in that community school;~~	53658

~~(b) One-half of the number of the district's students~~	53659
~~enrolled in kindergarten in that community school.~~	53660

~~The district's per pupil amount under division (G) of section~~	53661
~~3317.029 of the Revised Code shall be determined as described in~~	53662
~~division (C)(7) of this section.~~	53663

~~(9) An amount equal to the sum of the amounts obtained when,~~	53664
~~for each school district where the community school's students are~~	53665
~~entitled to attend school, the district's per pupil amount~~	53666
~~received under divisions (H) and (I) of section 3317.029 of the~~	53667
~~Revised Code, as adjusted by any poverty-based assistance~~	53668
~~reduction factor of the community school, is multiplied by the sum~~	53669
~~of the following:~~	53670

~~(a) The number of the district's students enrolled in grades~~	53671
~~one through twelve in that community school;~~	53672

~~(b) One-half of the number of the district's students~~	53673
~~enrolled in kindergarten in that community school.~~	53674

~~The district's per pupil amount under divisions (H) and (I)~~	53675
~~of section 3317.029 of the Revised Code shall be determined as~~	53676
~~described in division (C)(8) of this section.~~	53677

~~(10) An amount equal to the sum of the amounts obtained when,~~	53678
~~for each school district where the community school's students are~~	53679
~~entitled to attend school, the district's per pupil amount of~~	53680
~~state parity aid funding calculated under either division (C) or~~	53681
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	53682
~~sum of the number of that district's students enrolled in grades~~	53683
~~one through twelve, and one-half of the number of that district's~~	53684
~~students enrolled in kindergarten, in the community school as~~	53685
~~reported under divisions (B)(2)(a) and (b) of this section.~~	53686

~~(E)(1) If a community school's costs for a fiscal year for a~~	53687
~~student receiving special education and related services pursuant~~	53688
~~to an IEP for a disability described in divisions (B) to (F) of~~	53689
~~section 3317.013 of the Revised Code exceed the threshold~~	53690
~~catastrophic cost for serving the student as specified in division~~	53691
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	53692
~~submit to the superintendent of public instruction documentation,~~	53693
~~as prescribed by the superintendent, of all its costs for that~~	53694
~~student. Upon submission of documentation for a student of the~~	53695
~~type and in the manner prescribed, the department shall pay to the~~	53696
~~community school an amount equal to the school's costs for the~~	53697
~~student in excess of the threshold catastrophic costs.~~	53698

~~(2) The community school shall only report under division~~	53699
~~(E)(1) of this section, and the department shall only pay for, the~~	53700
~~costs of educational expenses and the related services provided to~~	53701
~~the student in accordance with the student's individualized~~	53702
~~education program. Any legal fees, court costs, or other costs~~	53703
~~associated with any cause of action relating to the student may~~	53704
~~not be included in the amount.~~	53705

~~(F) A community school may apply to the department of~~	53706
~~education for preschool children with disabilities unit funding~~	53707
~~the school would receive if it were a school district. Upon~~	53708
~~request of its governing authority, a community school that~~	53709
~~received such unit funding as a school district-operated school~~	53710
~~before it became a community school shall retain any units awarded~~	53711
~~to it as a school district-operated school provided the school~~	53712
~~continues to meet eligibility standards for the unit.~~	53713

~~A community school shall be considered a school district and~~	53714
~~its governing authority shall be considered a board of education~~	53715
~~for the purpose of applying to any state or federal agency for~~	53716
~~grants that a school district may receive under federal or state~~	53717
~~law or any appropriations act of the general assembly. The~~	53718
~~governing authority of a community school may apply to any private~~	53719
~~entity for additional funds.~~	53720

~~(G)~~(1) Except as provided in division (C)(2) of this section,	53721
and subject to divisions (C)(3) and (4) of this section, on a	53722
full-time equivalency basis, for each student enrolled in a	53723
community school established under this chapter, the department of	53724
education annually shall deduct from the state education aid of a	53725
student's resident district and, if necessary, from the payment	53726
made to the district under sections 321.24 and 323.156 of the	53727
Revised Code and pay to the community school the sum of the	53728
following:	53729

(a) An opportunity grant in an amount equal to the formula	53730
amount;	53731

(b) The per pupil amount of targeted assistance funds	53732
calculated under division (A) of section 3317.0217 of the Revised	53733
Code for the student's resident district, as determined by the	53734
department, X 0.25;	53735

(c) Additional state aid for special education and related	53736
services provided under Chapter 3323. of the Revised Code as	53737
follows:	53738

(i) If the student is a category one special education	53739
student, the formula amount X the multiple specified in division	53740
(A) of section 3317.013 of the Revised Code;	53741

(ii) If the student is a category two special education	53742
student, the formula amount X the multiple specified in division	53743
(B) of section 3317.013 of the Revised Code;	53744

(iii) If the student is a category three special education	53745
student, the formula amount X the multiple specified in division	53746
(C) of section 3317.013 of the Revised Code;	53747

(iv) If the student is a category four special education	53748
student, the formula amount X the multiple specified in division	53749
(D) of section 3317.013 of the Revised Code;	53750

(v) If the student is a category five special education	53751
student, the formula amount X the multiple specified in division	53752
(E) of section 3317.013 of the Revised Code;	53753

(vi) If the student is a category six special education	53754
student, the formula amount X the multiple specified in division	53755
(F) of section 3317.013 of the Revised Code.	53756

(d) If the student is in kindergarten through third grade, an	53757
additional amount of $300, in fiscal year 2014, and $303, in	53758
fiscal year 2015;	53759

(e) If the student is economically disadvantaged, an	53760
additional amount equal to the following:	53761

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	53762
(the resident district's economically disadvantaged index)	53763

(f) Limited English proficiency funds as follows:

53764

(i) If the student is a category one limited English	53765
proficient student, the amount specified in division (A) of	53766
section 3317.016 of the Revised Code;	53767

(ii) If the student is a category two limited English	53768
proficient student, the amount specified in division (B) of	53769
section 3317.016 of the Revised Code;	53770

(iii) If the student is a category three limited English	53771
proficient student, the amount specified in division (C) of	53772
section 3317.016 of the Revised Code.	53773

(g) Career-technical education funds as follows:

53774

(i) If the student is a category one career-technical	53775
education student, the formula amount X the multiple specified in	53776
division (A) of section 3317.014 of the Revised Code;	53777

(ii) If the student is a category two career-technical	53778
education student, the formula amount X the multiple specified in	53779
division (B) of section 3317.014 of the Revised Code;	53780

(iii) If the student is a category three career-technical	53781
education student, the formula amount X the multiple specified in	53782
division (C) of section 3317.014 of the Revised Code;	53783

(iv) If the student is a category four career-technical	53784
education student, the formula amount X the multiple specified in	53785
division (D) of section 3317.014 of the Revised Code;	53786

(v) If the student is a category five career-technical	53787
education student, the formula amount X the multiple specified in	53788
division (E) of section 3317.014 of the Revised Code.	53789

Deduction and payment of funds under division (C)(1)(g) of	53790
this section is subject to approval by the lead district of a	53791
career-technical planning district or the department of education	53792
under section 3317.161 of the Revised Code.	53793

(2) When deducting from the state education aid of a	53794
student's resident district for students enrolled in an internet-	53795
or computer-based community school and making payments to such	53796
school under this section, the department shall make the	53797
deductions and payments described in only divisions (C)(1)(a),	53798
(c), and (g) of this section.	53799

No deductions or payments shall be made for a student	53800
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	53801
of this section.	53802

(3)(a) If a community school's costs for a fiscal year for a	53803
student receiving special education and related services pursuant	53804
to an IEP for a disability described in divisions (B) to (F) of	53805
section 3317.013 of the Revised Code exceed the threshold	53806
catastrophic cost for serving the student as specified in division	53807
(B) of section 3317.0214 of the Revised Code, the school may	53808
submit to the superintendent of public instruction documentation,	53809
as prescribed by the superintendent, of all its costs for that	53810
student. Upon submission of documentation for a student of the	53811
type and in the manner prescribed, the department shall pay to the	53812
community school an amount equal to the school's costs for the	53813
student in excess of the threshold catastrophic costs.	53814

(b) The community school shall report under division	53815
(C)(3)(a) of this section, and the department shall pay for, only	53816
the costs of educational expenses and the related services	53817
provided to the student in accordance with the student's	53818
individualized education program. Any legal fees, court costs, or	53819
other costs associated with any cause of action relating to the	53820
student may not be included in the amount.	53821

(4) In any fiscal year, a community school receiving funds	53822
under division (C)(1)(g) of this section shall spend those funds	53823
only for the purposes that the department designates as approved	53824
for career-technical education expenses. Career-technical	53825
educational expenses approved by the department shall include only	53826
expenses connected to the delivery of career-technical programming	53827
to career-technical students. The department shall require the	53828
school to report data annually so that the department may monitor	53829
the school's compliance with the requirements regarding the manner	53830
in which funding received under division (C)(1)(g) of this section	53831
may be spent.	53832

(5) All funds received under division (C)(1)(g) of this	53833
section shall be spent in the following manner:	53834

(a) At least seventy-five per cent of the funds shall be	53835
spent on curriculum development, purchase, and implementation;	53836
instructional resources and supplies; industry-based program	53837
certification; student assessment, credentialing, and placement;	53838
curriculum specific equipment purchases and leases;	53839
career-technical student organization fees and expenses; home and	53840
agency linkages; work-based learning experiences; professional	53841
development; and other costs directly associated with	53842
career-technical education programs including development of new	53843
programs.	53844

(b) Not more than twenty-five per cent of the funds shall be	53845
used for personnel expenditures.	53846

(6) If the sum of the payments computed under division (C)(1)	53847
of this section for the students entitled to attend school in a	53848
particular school district under sections 3313.64 and 3313.65 of	53849
the Revised Code exceeds the sum of that district's state	53850
education aid and its payment under sections 321.24 and 323.156 of	53851
the Revised Code, the department shall calculate and apply a	53852
proration factor to the payments to all community schools under	53853
that division for the students entitled to attend school in that	53854
district.	53855

(D) A board of education sponsoring a community school may	53856
utilize local funds to make enhancement grants to the school or	53857
may agree, either as part of the contract or separately, to	53858
provide any specific services to the community school at no cost	53859
to the school.	53860

~~(H)~~(E) A community school may not levy taxes or issue bonds	53861
secured by tax revenues.	53862

~~(I)~~(F) No community school shall charge tuition for the	53863
enrollment of any student who is a resident of this state. A	53864
community school may charge tuition for the enrollment of any	53865
student who is not a resident of this state.	53866

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	53867
necessary and actual expenses of the school in anticipation of the	53868
receipt of any portion of the payments to be received by the	53869
school pursuant to division ~~(D)~~(C) of this section. The school may	53870
issue notes to evidence such borrowing. The proceeds of the notes	53871
shall be used only for the purposes for which the anticipated	53872
receipts may be lawfully expended by the school.	53873

(b) A school may also borrow money for a term not to exceed	53874
fifteen years for the purpose of acquiring facilities.	53875

(2) Except for any amount guaranteed under section 3318.50 of	53876
the Revised Code, the state is not liable for debt incurred by the	53877
governing authority of a community school.	53878

~~(K) For purposes of determining the number of students for~~	53879
~~which divisions (D)(5) and (6) of this section applies in any~~	53880
~~school year, a community school may submit to the department of~~	53881
~~job and family services, no later than the first day of March, a~~	53882
~~list of the students enrolled in the school. For each student on~~	53883
~~the list, the community school shall indicate the student's name,~~	53884
~~address, and date of birth and the school district where the~~	53885
~~student is entitled to attend school. Upon receipt of a list under~~	53886
~~this division, the department of job and family services shall~~	53887
~~determine, for each school district where one or more students on~~	53888
~~the list is entitled to attend school, the number of students~~	53889
~~residing in that school district who were included in the~~	53890
~~department's report under section 3317.10 of the Revised Code. The~~	53891
~~department shall make this determination on the basis of~~	53892
~~information readily available to it. Upon making this~~	53893
~~determination and no later than ninety days after submission of~~	53894
~~the list by the community school, the department shall report to~~	53895
~~the state department of education the number of students on the~~	53896
~~list who reside in each school district who were included in the~~	53897
~~department's report under section 3317.10 of the Revised Code. In~~	53898
~~complying with this division, the department of job and family~~	53899
~~services shall not report to the state department of education any~~	53900
~~personally identifiable information on any student.~~	53901

~~(L)~~(H) The department of education shall adjust the amounts	53902
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	53903
section to reflect any enrollment of students in community schools	53904
for less than the equivalent of a full school year. The state	53905
board of education within ninety days after April 8, 2003, shall	53906
adopt in accordance with Chapter 119. of the Revised Code rules	53907
governing the payments to community schools under this section ~~and~~	53908
~~section 3314.13 of the Revised Code~~ including initial payments in	53909
a school year and adjustments and reductions made in subsequent	53910
periodic payments to community schools and corresponding	53911
deductions from school district accounts as provided under	53912
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	53913
~~of the Revised Code~~. For purposes of this section ~~and section~~	53914
~~3314.13 of the Revised Code~~:	53915

(1) A student shall be considered enrolled in the community	53916
school for any portion of the school year the student is	53917
participating at a college under Chapter 3365. of the Revised	53918
Code.	53919

(2) A student shall be considered to be enrolled in a	53920
community school for the period of time beginning on the later of	53921
the date on which the school both has received documentation of	53922
the student's enrollment from a parent and the student has	53923
commenced participation in learning opportunities as defined in	53924
the contract with the sponsor, or thirty days prior to the date on	53925
which the student is entered into the education management	53926
information system established under section 3301.0714 of the	53927
Revised Code. For purposes of applying this division and divisions	53928
~~(L)~~(H)(3) and (4) of this section to a community school student,	53929
"learning opportunities" shall be defined in the contract, which	53930
shall describe both classroom-based and non-classroom-based	53931
learning opportunities and shall be in compliance with criteria	53932
and documentation requirements for student participation which	53933
shall be established by the department. Any student's instruction	53934
time in non-classroom-based learning opportunities shall be	53935
certified by an employee of the community school. A student's	53936
enrollment shall be considered to cease on the date on which any	53937
of the following occur:	53938

(a) The community school receives documentation from a parent	53939
terminating enrollment of the student.	53940

(b) The community school is provided documentation of a	53941
student's enrollment in another public or private school.	53942

(c) The community school ceases to offer learning	53943
opportunities to the student pursuant to the terms of the contract	53944
with the sponsor or the operation of any provision of this	53945
chapter.	53946

Except as otherwise specified in this paragraph, beginning in	53947
the 2011-2012 school year, any student who completed the prior	53948
school year in an internet- or computer-based community school	53949
shall be considered to be enrolled in the same school in the	53950
subsequent school year until the student's enrollment has ceased	53951
as specified in division ~~(L)~~(H)(2) of this section. The department	53952
shall continue subtracting and paying amounts for the student	53953
under ~~divisions~~division (C) ~~and (D)~~ of this section without	53954
interruption at the start of the subsequent school year. However,	53955
if the student without a legitimate excuse fails to participate in	53956
the first one hundred five consecutive hours of learning	53957
opportunities offered to the student in that subsequent school	53958
year, the student shall be considered not to have re-enrolled in	53959
the school for that school year and the department shall	53960
recalculate the payments to the school for that school year to	53961
account for the fact that the student is not enrolled.	53962

(3) The department shall determine each community school	53963
student's percentage of full-time equivalency based on the	53964
percentage of learning opportunities offered by the community	53965
school to that student, reported either as number of hours or	53966
number of days, is of the total learning opportunities offered by	53967
the community school to a student who attends for the school's	53968
entire school year. However, no internet- or computer-based	53969
community school shall be credited for any time a student spends	53970
participating in learning opportunities beyond ten hours within	53971
any period of twenty-four consecutive hours. Whether it reports	53972
hours or days of learning opportunities, each community school	53973
shall offer not less than nine hundred twenty hours of learning	53974
opportunities during the school year.	53975

(4) With respect to the calculation of full-time equivalency	53976
under division ~~(L)~~(H)(3) of this section, the department shall	53977
waive the number of hours or days of learning opportunities not	53978
offered to a student because the community school was closed	53979
during the school year due to disease epidemic, hazardous weather	53980
conditions, law enforcement emergencies, inoperability of school	53981
buses or other equipment necessary to the school's operation,	53982
damage to a school building, or other temporary circumstances due	53983
to utility failure rendering the school building unfit for school	53984
use, so long as the school was actually open for instruction with	53985
students in attendance during that school year for not less than	53986
the minimum number of hours required by this chapter. The	53987
department shall treat the school as if it were open for	53988
instruction with students in attendance during the hours or days	53989
waived under this division.	53990

~~(M)~~(I) The department of education shall reduce the amounts	53991
paid under ~~division (D) of~~ this section to reflect payments made	53992
to colleges under division (B) of section 3365.07 of the Revised	53993
Code or through alternative funding agreements entered into under	53994
rules adopted under section 3365.12 of the Revised Code.	53995

~~(N)~~(J)(1) No student shall be considered enrolled in any	53996
internet- or computer-based community school or, if applicable to	53997
the student, in any community school that is required to provide	53998
the student with a computer pursuant to division (C) of section	53999
3314.22 of the Revised Code, unless both of the following	54000
conditions are satisfied:	54001

(a) The student possesses or has been provided with all	54002
required hardware and software materials and all such materials	54003
are operational so that the student is capable of fully	54004
participating in the learning opportunities specified in the	54005
contract between the school and the school's sponsor as required	54006
by division (A)(23) of section 3314.03 of the Revised Code;	54007

(b) The school is in compliance with division (A) of section	54008
3314.22 of the Revised Code, relative to such student.	54009

(2) In accordance with policies adopted jointly by the	54010
superintendent of public instruction and the auditor of state, the	54011
department shall reduce the amounts otherwise payable under	54012
division ~~(D)~~(C) of this section to any community school that	54013
includes in its program the provision of computer hardware and	54014
software materials to any student, if such hardware and software	54015
materials have not been delivered, installed, and activated for	54016
each such student in a timely manner or other educational	54017
materials or services have not been provided according to the	54018
contract between the individual community school and its sponsor.	54019

The superintendent of public instruction and the auditor of	54020
state shall jointly establish a method for auditing any community	54021
school to which this division pertains to ensure compliance with	54022
this section.	54023

The superintendent, auditor of state, and the governor shall	54024
jointly make recommendations to the general assembly for	54025
legislative changes that may be required to assure fiscal and	54026
academic accountability for such schools.	54027

~~(O)~~(K)(1) If the department determines that a review of a	54028
community school's enrollment is necessary, such review shall be	54029
completed and written notice of the findings shall be provided to	54030
the governing authority of the community school and its sponsor	54031
within ninety days of the end of the community school's fiscal	54032
year, unless extended for a period not to exceed thirty additional	54033
days for one of the following reasons:	54034

(a) The department and the community school mutually agree to	54035
the extension.	54036

(b) Delays in data submission caused by either a community	54037
school or its sponsor.	54038

(2) If the review results in a finding that additional	54039
funding is owed to the school, such payment shall be made within	54040
thirty days of the written notice. If the review results in a	54041
finding that the community school owes moneys to the state, the	54042
following procedure shall apply:	54043

(a) Within ten business days of the receipt of the notice of	54044
findings, the community school may appeal the department's	54045
determination to the state board of education or its designee.	54046

(b) The board or its designee shall conduct an informal	54047
hearing on the matter within thirty days of receipt of such an	54048
appeal and shall issue a decision within fifteen days of the	54049
conclusion of the hearing.	54050

(c) If the board has enlisted a designee to conduct the	54051
hearing, the designee shall certify its decision to the board. The	54052
board may accept the decision of the designee or may reject the	54053
decision of the designee and issue its own decision on the matter.	54054

(d) Any decision made by the board under this division is	54055
final.	54056

(3) If it is decided that the community school owes moneys to	54057
the state, the department shall deduct such amount from the	54058
school's future payments in accordance with guidelines issued by	54059
the superintendent of public instruction.	54060

~~(P)~~(L) The department shall not subtract from a school	54061
district's state aid account ~~under division (C) of this section~~	54062
and shall not pay to a community school under division ~~(D)~~(C) of	54063
this section any amount for any of the following:	54064

(1) Any student who has graduated from the twelfth grade of a	54065
public or nonpublic high school;	54066

(2) Any student who is not a resident of the state;

54067

(3) Any student who was enrolled in the community school	54068
during the previous school year when assessments were administered	54069
under section 3301.0711 of the Revised Code but did not take one	54070
or more of the assessments required by that section and was not	54071
excused pursuant to division (C)(1) or (3) of that section, unless	54072
the superintendent of public instruction grants the student a	54073
waiver from the requirement to take the assessment and a parent is	54074
not paying tuition for the student pursuant to section 3314.26 of	54075
the Revised Code. The superintendent may grant a waiver only for	54076
good cause in accordance with rules adopted by the state board of	54077
education.	54078

(4) Any student who has attained the age of twenty-two years,	54079
except for veterans of the armed services whose attendance was	54080
interrupted before completing the recognized twelve-year course of	54081
the public schools by reason of induction or enlistment in the	54082
armed forces and who apply for enrollment in a community school	54083
not later than four years after termination of war or their	54084
honorable discharge. If, however, any such veteran elects to	54085
enroll in special courses organized for veterans for whom tuition	54086
is paid under federal law, or otherwise, the department shall not	54087
subtract from a school district's state aid account ~~under division~~	54088
~~(C) of this section~~ and shall not pay to a community school under	54089
division ~~(D)~~(C) of this section any amount for that veteran.	54090

Sec. 3314.082. A community school shall be considered a	54091
school district and its governing authority shall be considered a	54092
board of education for the purpose of applying to any state or	54093
federal agency for grants that a school district may receive under	54094
federal or state law or any appropriations act of the general	54095
assembly. The governing authority of a community school may apply	54096
to any private entity for additional funds.	54097

Sec. 3314.083. If the department of education pays a joint	54098
vocational school district under division ~~(G)(4)~~(C)(3) of section	54099
3317.16 of the Revised Code for excess costs of providing special	54100
education and related services to a student with a disability who	54101
is enrolled in a community school, as calculated under division	54102
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	54103
amount of that payment from the amount calculated for payment to	54104
the community school under section 3314.08 of the Revised Code.	54105

Sec. 3314.084. (A) As used in this section:

54106

(1) "Formula ADM" has the same meaning as in section 3317.03	54107
of the Revised Code.	54108

(2) "Home" has the same meaning as in section 3313.64 of the	54109
Revised Code.	54110

(3) "School district of residence" has the same meaning as in	54111
section 3323.01 of the Revised Code; however, a community school	54112
established under this chapter is not a "school district of	54113
residence" for purposes of this section.	54114

(B) Notwithstanding anything to the contrary in section	54115
3314.08 or 3317.03 of the Revised Code, all of the following apply	54116
in the case of a child who is enrolled in a community school and	54117
is also living in a home:	54118

(1) For purposes of the report required under division (B)(1)	54119
of section 3314.08 of the Revised Code, the child's school	54120
district of residence, and not the school district in which the	54121
home that the child is living in is located, shall be considered	54122
to be the school district in which the child is entitled to attend	54123
school. That school district of residence, therefore, shall make	54124
the report required under division (B)(1) of section 3314.08 of	54125
the Revised Code with respect to the child.	54126

(2) For purposes of the report required under division (B)(2)	54127
of section 3314.08 of the Revised Code, the community school shall	54128
report the name of the child's school district of residence.	54129

(3) The child's school district of residence shall count the	54130
child in that district's formula ADM.	54131

(4) The school district in which the home that the child is	54132
living in is located shall not count the child in that district's	54133
formula ADM.	54134

(5) The ~~Department~~department of ~~Education~~education shall	54135
deduct the applicable amounts prescribed under division (C) of	54136
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	54137
Code from the child's school district of residence and shall not	54138
deduct those amounts from the school district in which the home	54139
that the child is living in is located.	54140

(6) The ~~Department~~department shall make the payments	54141
prescribed in ~~divisions (D) and (E)~~division (C) of section	54142
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	54143
the community school.	54144

Sec. 3314.086. A community school established under this	54145
chapter, including an internet- or computer-based community	54146
school, may provide career-technical education in the manner	54147
prescribed by section 3313.90 of the Revised Code. The community	54148
school may contract with any public agency, board, or bureau or	54149
with any private individual or firm for the purchase of any	54150
career-technical education or vocational rehabilitation service	54151
for any student enrolled in the community school and may pay for	54152
such services with funds received under section 3314.08 of the	54153
Revised Code.	54154

Sec. 3314.087. (A) As used in this section:

54155

(1) "Career-technical program" means ~~vocational~~	54156
career-technical programs or classes described in division (A) or,	54157
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	54158
which a student is enrolled.	54159

(2) "Formula ADM," "category one ~~or two vocational~~through	54160
five career-technical education ADM," and "FTE basis" have the	54161
same meanings as in section 3317.02 of the Revised Code.	54162

(3) "Resident school district" means the city, exempted	54163
village, or local school district in which a student is entitled	54164
to attend school under section 3313.64 or 3313.65 of the Revised	54165
Code.	54166

(B) Notwithstanding anything to the contrary in this chapter	54167
or Chapter 3317. of the Revised Code, a student enrolled in a	54168
community school may simultaneously enroll in the career-technical	54169
program operated by the ~~student's resident school district~~	54170
career-technical planning district to which the student's resident	54171
district belongs. On an FTE basis, the student's resident school	54172
district shall count the student in the category one ~~or two~~	54173
~~vocational~~through five career-technical education ADM for the	54174
proportion of the time the student is enrolled in ~~the district's~~a	54175
career-technical program of the career-technical planning district	54176
to which the student's resident district belongs and, accordingly,	54177
the department of education shall calculate funds under Chapter	54178
3317. for the resident district attributable to the student for	54179
the proportion of time the student attends the career-technical	54180
program. The community school shall count the student in its	54181
enrollment report under section 3314.08 of the Revised Code and	54182
shall report to the department the proportion of time that the	54183
student attends classes at the community school. The department	54184
shall pay the community school and deduct from the student's	54185
resident school district the amount computed for the student under	54186
section 3314.08 of the Revised Code in proportion to the fraction	54187
of the time on an FTE basis that the student attends classes at	54188
the community school. "Full-time equivalency" for a community	54189
school student, as defined in division ~~(L)~~(H) of section 3314.08	54190
of the Revised Code, does not apply to the student.	54191

Sec. 3314.09. (A) As used in this section and section	54192
3314.091 of the Revised Code, "native student" means a student	54193
entitled to attend school in the school district under section	54194
3313.64 or 3313.65 of the Revised Code.	54195

(B) Except as provided in section 3314.091 or 3327.02 of the	54196
Revised Code, the board of education of each city, local, and	54197
exempted village school district shall provide transportation to	54198
and from school for its ~~district's~~ native students in accordance	54199
with section 3327.01 of the Revised Code.	54200

Sec. 3314.091. ~~(A)~~A student who attends a community school	54201
that provides or arranges for transporting students pursuant to	54202
this section, or the student's parent or guardian, is not eligible	54203
for the subsidy prescribed by section 3327.02 of the Revised Code.	54204

(A) A school district is not required to provide	54205
transportation for any native student enrolled in a community	54206
school if the district board of education has entered into an	54207
agreement with the community school's governing authority that	54208
designates the community school as responsible for providing or	54209
arranging for the transportation of the district's native students	54210
to and from the community school. For any such agreement to be	54211
effective, it must be certified by the superintendent of public	54212
instruction as having met all of the following requirements:	54213

(1) It is submitted to the department of education by a	54214
deadline which shall be established by the department.	54215

(2) In accordance with divisions (C)(1) and (2) of this	54216
section, it specifies qualifications, such as residing a minimum	54217
distance from the school, for students to have their	54218
transportation provided or arranged.	54219

(3) The transportation provided by the community school is	54220
subject to all provisions of the Revised Code and all rules	54221
adopted under the Revised Code pertaining to pupil transportation.	54222

(4) The sponsor of the community school also has signed the	54223
agreement.	54224

(B)(1) For the school year that begins on July 1, 2007, a	54225
school district is not required to provide transportation for any	54226
native student enrolled in a community school, if the community	54227
school during the previous school year transported the students	54228
enrolled in the school or arranged for the students'	54229
transportation, even if that arrangement consisted of having	54230
parents transport their children to and from the school, but did	54231
not enter into an agreement to transport or arrange for	54232
transportation for those students under division (A) of this	54233
section, and if the governing authority of the community school by	54234
July 15, 2007, submits written notification to the district board	54235
of education stating that the governing authority is accepting	54236
responsibility for providing or arranging for the transportation	54237
of the district's native students to and from the community	54238
school.	54239

(2) ~~For~~Except as provided in division (B)(4) of this	54240
section, for any school year subsequent to the school year that	54241
begins on July 1, 2007, a school district is not required to	54242
provide transportation for any native student enrolled in a	54243
community school if the governing authority of the community	54244
school, by the thirty-first day of January of the previous school	54245
year, submits written notification to the district board of	54246
education stating that the governing authority is accepting	54247
responsibility for providing or arranging for the transportation	54248
of the district's native students to and from the community	54249
school. If the governing authority of the community school has	54250
previously accepted responsibility for providing or arranging for	54251
the transportation of a district's native students to and from the	54252
community school, under division (B)(1) or (2) of this section,	54253
and has since relinquished that responsibility under division	54254
(B)(3) of this section, the governing authority shall not accept	54255
that responsibility again unless the district board consents to	54256
the governing authority's acceptance of that responsibility.	54257

(3) A governing authority's acceptance of responsibility	54258
under division (B)(1) or (2) of this section shall cover an entire	54259
school year, and shall remain in effect for subsequent school	54260
years unless the governing authority submits written notification	54261
to the district board that the governing authority is	54262
relinquishing the responsibility. However, a governing authority	54263
shall not relinquish responsibility for transportation before the	54264
end of a school year, and shall submit the notice relinquishing	54265
responsibility by the thirty-first day of January, in order to	54266
allow the school district reasonable time to prepare	54267
transportation for its native students enrolled in the school.	54268

(4)(a) For any school year that begins on or after July 1,	54269
2014, a school district is not required to provide transportation	54270
for any native student enrolled in a community school scheduled to	54271
open for operation in the current school year, if the governing	54272
authority of the community school, by the fifteenth day of April	54273
of the previous school year, submits written notification to the	54274
district board of education stating that the governing authority	54275
is accepting responsibility for providing or arranging for the	54276
transportation of the district's native students to and from the	54277
community school.	54278

(b) The governing authority of a community school that	54279
accepts responsibility for transporting its students under	54280
division (4)(a) of this section shall comply with divisions (B)(2)	54281
and (3) of this section to renew or relinquish that authority for	54282
subsequent school years.	54283

(C)(1) A community school governing authority that enters	54284
into an agreement under division (A) of this section, or that	54285
accepts responsibility under division (B) of this section, shall	54286
provide or arrange transportation free of any charge for each of	54287
its enrolled students who is required to be transported under	54288
section 3327.01 of the Revised Code or who would otherwise be	54289
transported by the school district under the district's	54290
transportation policy. The governing authority shall report to the	54291
department of education the number of students transported or for	54292
whom transportation is arranged under this section in accordance	54293
with rules adopted by the state board of education.	54294

(2) The governing authority may provide or arrange	54295
transportation for any other enrolled student who is not eligible	54296
for transportation in accordance with division (C)(1) of this	54297
section and may charge a fee for such service up to the actual	54298
cost of the service.	54299

(3) Notwithstanding anything to the contrary in division	54300
(C)(1) or (2) of this section, a community school governing	54301
authority shall provide or arrange transportation free of any	54302
charge for any disabled student enrolled in the school for whom	54303
the student's individualized education program developed under	54304
Chapter 3323. of the Revised Code specifies transportation.	54305

(D)(1) If a school district board and a community school	54306
governing authority elect to enter into an agreement under	54307
division (A) of this section, the department of education shall	54308
make payments to the community school according to the terms of	54309
the agreement for each student actually transported under division	54310
(C)(1) of this section.	54311

If a community school governing authority accepts	54312
transportation responsibility under division (B) of this section,	54313
the department shall make payments to the community school for	54314
each student actually transported or for whom transportation is	54315
arranged by the community school under division (C)(1) of this	54316
section, calculated as follows:	54317

(a) For any fiscal year which the general assembly has	54318
specified that transportation payments to school districts be	54319
based on an across-the-board percentage of the district's payment	54320
for the previous school year, the per pupil payment to the	54321
community school shall be the following quotient:	54322

(i) The total amount calculated for the school district in	54323
which the child is entitled to attend school for student	54324
transportation other than transportation of children with	54325
disabilities; divided by	54326

(ii) The number of students included in the district's	54327
transportation ADM for the current fiscal year, as reported under	54328
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	54329
the number of students enrolled in the community school not	54330
counted in the district's transportation ADM who are transported	54331
under division (B)(1) or (2) of this section.	54332

(b) For any fiscal year which the general assembly has	54333
specified that the transportation payments to school districts be	54334
calculated in accordance with section 3317.0212 of the Revised	54335
Code and any rules of the state board of education implementing	54336
that section, the payment to the community school shall be the	54337
amount so calculated that otherwise would be paid to the school	54338
district in which the student is entitled to attend school by the	54339
method of transportation the district would have used. The	54340
community school, however, is not required to use the same method	54341
to transport that student.	54342

(c) Divisions (D)(1)(a) and (b) of this section do not apply	54343
to fiscal years 2012 and 2013. Rather, for each of those fiscal	54344
years, the per pupil payment to a community school for	54345
transporting a student shall be the total amount paid under former	54346
section 3306.12 of the Revised Code for fiscal year 2011 to the	54347
school district in which the child is entitled to attend school	54348
divided by that district's "qualifying ridership," as defined in	54349
that section for fiscal year 2011.	54350

As used in this division "entitled to attend school" means	54351
entitled to attend school under section 3313.64 or 3313.65 of the	54352
Revised Code.	54353

(2) The department shall deduct the payment under division	54354
(D)(1) of this section from the state education aid, as defined in	54355
section 3314.08 of the Revised Code, and, if necessary, the	54356
payment under sections 321.14 and 323.156 of the Revised Code,	54357
that is otherwise paid to the school district in which the student	54358
enrolled in the community school is entitled to attend school. The	54359
department shall include the number of the district's native	54360
students for whom payment is made to a community school under	54361
division (D)(1) of this section in the calculation of the	54362
district's transportation payment under section 3317.0212 of the	54363
Revised Code and the operating appropriations act.	54364

(3) A community school shall be paid under division (D)(1) of	54365
this section only for students who are eligible as specified in	54366
section 3327.01 of the Revised Code and division (C)(1) of this	54367
section, and whose transportation to and from school is actually	54368
provided, who actually utilized transportation arranged, or for	54369
whom a payment in lieu of transportation is made by the community	54370
school's governing authority. To qualify for the payments, the	54371
community school shall report to the department, in the form and	54372
manner required by the department, data on the number of students	54373
transported or whose transportation is arranged, the number of	54374
miles traveled, cost to transport, and any other information	54375
requested by the department.	54376

(4) A community school shall use payments received under this	54377
section solely to pay the costs of providing or arranging for the	54378
transportation of students who are eligible as specified in	54379
section 3327.01 of the Revised Code and division (C)(1) of this	54380
section, which may include payments to a parent, guardian, or	54381
other person in charge of a child in lieu of transportation.	54382

(E) Except when arranged through payment to a parent,	54383
guardian, or person in charge of a child, transportation provided	54384
or arranged for by a community school pursuant to an agreement	54385
under this section is subject to all provisions of the Revised	54386
Code, and all rules adopted under the Revised Code, pertaining to	54387
the construction, design, equipment, and operation of school buses	54388
and other vehicles transporting students to and from school. The	54389
drivers and mechanics of the vehicles are subject to all	54390
provisions of the Revised Code, and all rules adopted under the	54391
Revised Code, pertaining to drivers and mechanics of such	54392
vehicles. The community school also shall comply with sections	54393
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	54394
of section 3327.16 of the Revised Code and, subject to division	54395
(C)(1) of this section~~, sections~~and section 3327.01 ~~and 3327.02~~	54396
of the Revised Code, as if it were a school district.	54397

Sec. 3314.092. The governing authority or operator of a	54398
community school established under this chapter shall consult with	54399
each school district board of education that transports students	54400
to the community school under sections 3314.09 and 3327.01 of the	54401
Revised Code prior to making any change in the hours or days in	54402
which the community school is open for instruction.	54403

Sec. 3314.11. (A) The board of education of each city,	54404
exempted village, and local school district monthly shall review	54405
enrollment for students enrolled in community schools established	54406
under this chapter and entitled to attend school in the district	54407
under section 3313.64 or 3313.65 of the Revised Code. For each	54408
student, the district shall verify to the department of education	54409
both of the following:	54410

(1) The community school in which the student is enrolled;

54411

(2) That the student is entitled to attend school in the	54412
district under section 3313.64 or 3313.65 of the Revised Code.	54413

(B) For purposes of its initial reporting of the school	54414
districts its students are entitled to attend, the governing	54415
authority of a community school may adopt a policy that prescribes	54416
the number of documents listed in division (E) of this section	54417
required to verify a student's residency. This policy, if adopted,	54418
shall supersede any policy concerning the number of documents for	54419
initial residency verification adopted by the district the student	54420
is entitled to attend. If a community school does not adopt a	54421
policy under this division, the policy of the school district in	54422
which the student is entitled to attend shall prevail.	54423

(C) In making the determinations under this section, the	54424
school district in which a parent or child resides is the location	54425
the parent or student has established as the primary residence and	54426
where substantial family activity takes place.	54427

(D) If a district's determination under division (A) of this	54428
section of the school district a student is entitled to attend	54429
under section 3313.64 or 3313.65 of the Revised Code differs from	54430
a community school's determination under division (B) of this	54431
section, the community school shall provide the school district	54432
that made the determination under division (A) of this section	54433
with documentation of the student's residency and shall make a	54434
good faith effort to accurately identify the correct residence of	54435
the student.	54436

(E) For purposes of this section, the following documents may	54437
serve as evidence of primary residence:	54438

(1) A deed, mortgage, lease, current home owner's or renter's	54439
insurance declaration page, or current real property tax bill;	54440

(2) A utility bill or receipt of utility installation issued	54441
within ninety days of enrollment;	54442

(3) A paycheck or paystub issued to the parent or student	54443
within ninety days of the date of enrollment that includes the	54444
address of the parent's or student's primary residence;	54445

(4) The most current available bank statement issued to the	54446
parent or student that includes the address of the parent's or	54447
student's primary residence;	54448

(5) Any other official document issued to the parent or	54449
student that includes the address of the parent's or student's	54450
primary residence. The superintendent of public instruction shall	54451
develop guidelines for determining what qualifies as an "official	54452
document" under this division.	54453

(F) When a student loses permanent housing and becomes a	54454
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	54455
child who is such a homeless child or youth changes temporary	54456
living arrangements, the district in which the student is entitled	54457
to attend school shall be determined in accordance with division	54458
(F)(13) of section 3313.64 of the Revised Code and the	54459
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	54460

(G) In the event of a disagreement as to which school	54461
district a student is entitled to attend, the community school,	54462
after complying with division (D) of this section, but not more	54463
than sixty days after the monthly deadline established by the	54464
department of education for reporting of community school	54465
enrollment, may present the matter to the superintendent of public	54466
instruction. Not later than thirty days after the community school	54467
presents the matter, the state superintendent, or the state	54468
superintendent's designee, shall determine which district the	54469
student is entitled to attend and shall direct any necessary	54470
adjustments to payments and deductions under ~~sections~~section	54471
3314.08 ~~and 3314.13~~ of the Revised Code based on that	54472
determination.	54473

Sec. 3314.26. (A) Each internet- or computer-based community	54474
school shall withdraw from the school any student who, for two	54475
consecutive school years, has failed to participate in the spring	54476
administration of any assessment prescribed under section	54477
3301.0710 or 3301.0712 of the Revised Code for the student's grade	54478
level and was not excused from the assessment pursuant to division	54479
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	54480
of whether a waiver was granted for the student under division	54481
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	54482
report any such student's data verification code, as assigned	54483
pursuant to section 3301.0714 of the Revised Code, to the	54484
department of education. The department shall maintain a list of	54485
all data verification codes reported under this division and	54486
section 3313.6410 of the Revised Code and provide that list to	54487
each internet- or computer-based community school and to each	54488
school to which section 3313.6410 of the Revised Code applies.	54489

(B) No internet- or computer-based community school shall	54490
receive any state funds under this chapter for any enrolled	54491
student whose data verification code appears on the list	54492
maintained by the department under division (A) of this section.	54493

Notwithstanding any provision of the Revised Code to the	54494
contrary, the parent of any such student shall pay tuition to the	54495
internet- or computer-based community school in an amount equal to	54496
the state funds the school otherwise would receive for that	54497
student, as determined by the department. An internet- or	54498
computer-based community school may withdraw any student for whom	54499
the parent does not pay tuition as required by this division.	54500

Sec. 3314.29. (A) Notwithstanding anything in this chapter	54501
to the contrary, an internet- or computer-based community school	54502
may divide into two separate internet- or computer-based community	54503
schools by grade level, if all of the following apply:	54504

(1) The school was in operation on or before the effective	54505
date of this section.	54506

(2) The school offers at least grades one through eight.

54507

(3) The sponsor of the school approves dividing the school	54508
into two separate schools under this section.	54509

(4) The school exercises the option to divide into two	54510
separate schools under this section during either the 2013-2014 or	54511
2014-2015 school year.	54512

(5) Either of the following applies:

54513

(a) For a school that divides into separate schools in the	54514
2013-2014 school year, the school is rated in continuous	54515
improvement or higher for the 2011-2012 school year on the report	54516
cards issued under section 3302.03 of the Revised Code as that	54517
section existed prior to March 22, 2013, and the school receives a	54518
grade of "C" or higher on its performance index score under	54519
division (A)(1)(b) of section 3302.03 of the Revised Code for the	54520
report cards issued for the 2012-2013 school year.	54521

(b) For a school that divides into separate schools in the	54522
2013-2014 school year, the school receives a grade of "C" or	54523
higher on its performance index score under divisions (A)(1)(b)	54524
and (B)(1)(b) of section 3302.03 of the Revised Code on the report	54525
cards issued for both the 2012-2013 and 2013-2014 school years.	54526

(B) No school may exercise the option under this section	54527
after the 2014-2015 school year. However, the authority of a	54528
school that has exercised the option under this section to operate	54529
separately as two schools continues for all subsequent school	54530
years in which the schools are in operation.	54531

(C) If a school divides into separate schools under this	54532
section, the accountability data of the original school, including	54533
report card ratings under section 3302.03 of the Revised Code,	54534
shall continue to apply to the applicable grade levels of the new	54535
schools.	54536

(D) An internet- or computer-based community school created	54537
under this section shall not count toward the annual limit on new	54538
internet- or computer-based community schools prescribed by	54539
division (B) of section 3314.013 of the Revised Code.	54540

Sec. 3314.35. (A)(1) Except as provided in division (A)(4)	54541
of this section, this section applies to any community school that	54542
meets one of the following criteria after July 1, 2009, but before	54543
July 1, 2011:	54544

(a) The school does not offer a grade level higher than three	54545
and has been declared to be in a state of academic emergency under	54546
section 3302.03 of the Revised Code for three of the four most	54547
recent school years.	54548

(b) The school satisfies all of the following conditions:

54549

(i) The school offers any of grade levels four to eight but	54550
does not offer a grade level higher than nine.	54551

(ii) The school has been declared to be in a state of	54552
academic emergency under section 3302.03 of the Revised Code for	54553
two of the three most recent school years.	54554

(iii) In at least two of the three most recent school years,	54555
the school showed less than one standard year of academic growth	54556
in either reading or mathematics, as determined by the department	54557
of education in accordance with rules adopted under division (A)	54558
of section 3302.021 of the Revised Code.	54559

(c) The school offers any of grade levels ten to twelve and	54560
has been declared to be in a state of academic emergency under	54561
section 3302.03 of the Revised Code for three of the four most	54562
recent school years.	54563

(2) Except as provided in division (A)(4) of this section,	54564
this section applies to any community school that meets one of the	54565
following criteria after July 1, 2011, but before July 1, 2013:	54566

(a) The school does not offer a grade level higher than three	54567
and has been declared to be in a state of academic emergency under	54568
section 3302.03 of the Revised Code for two of the three most	54569
recent school years.	54570

(b) The school satisfies all of the following conditions:

54571

(i) The school offers any of grade levels four to eight but	54572
does not offer a grade level higher than nine.	54573

(ii) The school has been declared to be in a state of	54574
academic emergency under section 3302.03 of the Revised Code for	54575
two of the three most recent school years.	54576

(iii) In at least two of the three most recent school years,	54577
the school showed less than one standard year of academic growth	54578
in either reading or mathematics, as determined by the department	54579
in accordance with rules adopted under division (A) of section	54580
3302.021 of the Revised Code.	54581

(c) The school offers any of grade levels ten to twelve and	54582
has been declared to be in a state of academic emergency under	54583
section 3302.03 of the Revised Code for two of the three most	54584
recent school years.	54585

(3) Except as provided in division (A)(4) of this section,	54586
this section applies to any community school that meets one of the	54587
following criteria on or after July 1, 2013:	54588

(a) The school does not offer a grade level higher than three	54589
and, for two of the three most recent school years, satisfies any	54590
of the following criteria:	54591

(i) The school has been declared to be in a state of academic	54592
emergency under section 3302.03 of the Revised Code, as it existed	54593
prior to ~~the effective date of this amendment~~March 22, 2013;	54594

(ii) The school has received a grade of "F" in improving	54595
literacy in grades kindergarten through three under division	54596
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	54597

(iii) The school has received an overall grade of "F" under	54598
division (C) of section 3302.03 of the Revised Code.	54599

(b) The school offers any of grade levels four to eight but	54600
does not offer a grade level higher than nine and, for two of the	54601
three most recent school years, satisfies any of the following	54602
criteria:	54603

(i) The school has been declared to be in a state of academic	54604
emergency under section 3302.03 of the Revised Code, as it existed	54605
prior to ~~the effective date of this amendment~~March 22, 2013, and	54606
the school showed less than one standard year of academic growth	54607
in either reading or mathematics, as determined by the department	54608
in accordance with rules adopted under division (A) of section	54609
3302.021 of the Revised Code;	54610

(ii) The school has received a grade of "F" for the	54611
performance index score under division (A)(1)(b), (B)(1)(b), or	54612
(C)(1)(b) and a grade of "F" for the value-added progress	54613
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	54614
section 3302.03 of the Revised Code;	54615

(iii) The school has received an overall grade of "F" under	54616
division (C) and a grade of "F" for the value-added progress	54617
dimension under division (C)(1)(e) of section 3302.03 of the	54618
Revised Code.	54619

(c) The school offers any of grade levels ten to twelve and,	54620
for two of the three most recent school years, satisfies any of	54621
the following criteria:	54622

(i) The school has been declared to be in a state of academic	54623
emergency under section 3302.03 of the Revised Code, as it existed	54624
prior to ~~the effective date of this amendment~~March 22, 2013;	54625

(ii) The school has received a grade of "F" for the	54626
performance index score under division (A)(1)(b), (B)(1)(b), or	54627
(C)(1)(b) and has not met annual measurable objectives under	54628
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	54629
the Revised Code;	54630

(iii) The school has received an overall grade of "F" under	54631
division (C) and a grade of "F" for the value-added progress	54632
dimension under division (C)(1)(e) of section 3302.03 of the	54633
Revised Code.	54634

For purposes of division (A)(3) of this section only, the	54635
value-added progress dimension for a community school shall be	54636
calculated using assessment scores for only those students to whom	54637
the school has administered the achievement assessments prescribed	54638
by section 3301.0710 of the Revised Code for at least the two most	54639
recent school years.	54640

(4) This section does not apply to either of the following:

54641

(a) Any community school in which a majority of the students	54642
are enrolled in a dropout prevention and recovery program that is	54643
operated by the school. Rather, such schools shall be subject to	54644
closure only as provided in section 3314.351 of the Revised Code.	54645
However, prior to July 1, 2014, a community school in which a	54646
majority of the students are enrolled in a dropout prevention and	54647
recovery program shall be exempt from this section only if it has	54648
been granted a waiver under section 3314.36 of the Revised Code.	54649

(b) Any community school in which a majority of the enrolled	54650
students are children with disabilities receiving special	54651
education and related services in accordance with Chapter 3323. of	54652
the Revised Code.	54653

(B) Any community school to which this section applies shall	54654
permanently close at the conclusion of the school year in which	54655
the school first becomes subject to this section. The sponsor and	54656
governing authority of the school shall comply with all procedures	54657
for closing a community school adopted by the department under	54658
division (E) of section 3314.015 of the Revised Code. The	54659
governing authority of the school shall not enter into a contract	54660
with any other sponsor under section 3314.03 of the Revised Code	54661
after the school closes.	54662

(C) In accordance with division (B) of section 3314.012 of	54663
the Revised Code, the department shall not consider the	54664
performance ratings assigned to a community school for its first	54665
two years of operation when determining whether the school meets	54666
the criteria prescribed by division (A)(1) or (2) of this section.	54667

Sec. 3315.40. The board of education of a city, local,	54668
exempted village, or joint vocational school district or the	54669
governing board of any educational service center may establish an	54670
education foundation fund. Moneys in the fund shall consist of	54671
proceeds paid into the fund under division (B) of section 3313.36	54672
of the Revised Code. In addition, by resolution adopted by a	54673
majority of its members, a city, local, exempted village, or joint	54674
vocational board may annually direct the school district treasurer	54675
to pay into the education foundation fund an amount from the	54676
school district general fund not to exceed one-half of one per	54677
cent of the total appropriations of the school district as	54678
estimated by the board at the time the resolution is adopted or as	54679
set forth in the annual appropriation measure as most recently	54680
amended or supplemented; and any governing board, by resolution	54681
adopted by a majority of its members, may annually direct the	54682
service center treasurer to pay into the education foundation fund	54683
an amount not to exceed one-half of one per cent of the funds	54684
received by the governing board pursuant to an agreement entered	54685
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	54686
Code.	54687

Income from the investment of moneys in the fund shall be	54688
paid into the fund. A board, by resolution adopted by a majority	54689
of its members, may accept a trust created under section 3315.41	54690
of the Revised Code for the investment of money in the educational	54691
foundation fund and direct the school district or service center	54692
treasurer to pay to the trustee, the initial trust principal	54693
contemplated by the instrument creating the trust. A board that	54694
has accepted a trust created under section 3315.41 of the Revised	54695
Code may do any of the following by resolution adopted by a	54696
majority of its members: direct the school district or service	54697
center treasurer to pay additional amounts to the trust principal,	54698
amend the trust, revoke the trust, or provide for payment of	54699
compensation to the trustee.	54700

Moneys in the fund shall be expended only by resolution	54701
adopted by a majority of the members of the board for operating or	54702
capital costs of any existing or new and innovative program	54703
designed to enhance or promote education within the district or	54704
service center, such as scholarships for students or teachers.	54705

A board of education or governing board may appoint a	54706
committee of administrators to administer the education foundation	54707
fund and to make recommendations for the use of the fund. Members	54708
of the committee shall serve at the discretion of the appointing	54709
board. Members shall receive no compensation, but may be	54710
reimbursed for actual and necessary expenses incurred in the	54711
performance of their official duties.	54712

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	54713
Code do not apply to either of the following:	54714

(A) A school district that has received funds for a project	54715
under Chapter 3318. of the Revised Code, so long as the purchase	54716
price to be paid by the board for the state's interest in the	54717
project has not been paid;	54718

(B) A school district that has an outstanding loan under	54719
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	54720
Code.	54721

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	54722
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	54723
Code, and subject to the approval of the superintendent of public	54724
instruction, a school district that is in a state of fiscal watch	54725
declared under section 3316.03 of the Revised Code may restructure	54726
or refinance loans obtained or in the process of being obtained	54727
under section 3313.483 of the Revised Code if all of the following	54728
requirements are met:	54729

(1) The operating deficit certified for the school district	54730
for the current or preceding fiscal year under section 3313.483 of	54731
the Revised Code exceeds fifteen per cent of the district's	54732
general revenue fund for the fiscal year preceding the year for	54733
which the certification of the operating deficit is made.	54734

(2) The school district voters have, during the period of the	54735
fiscal watch, approved the levy of a tax under section 718.09,	54736
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	54737
that is not a renewal or replacement levy, or a levy under section	54738
5705.199 of the Revised Code, and that will provide new operating	54739
revenue.	54740

(3) The board of education of the school district has adopted	54741
or amended the financial plan required by section 3316.04 of the	54742
Revised Code to reflect the restructured or refinanced loans, and	54743
sets forth the means by which the district will bring projected	54744
operating revenues and expenditures, and projected debt service	54745
obligations, into balance for the life of any such loan.	54746

(B) Subject to the approval of the superintendent of public	54747
instruction, the school district may issue securities to evidence	54748
the restructuring or refinancing authorized by this section. Such	54749
securities may extend the original period for repayment not to	54750
exceed ten years, and may alter the frequency and amount of	54751
repayments, interest or other financing charges, and other terms	54752
or agreements under which the loans were originally contracted,	54753
provided the loans received under sections 3313.483 of the Revised	54754
Code are repaid from funds the district would otherwise receive	54755
under Chapter 3317. of the Revised Code, as required under	54756
division (E)(3) of section 3313.483 of the Revised Code.	54757
Securities issued for the purpose of restructuring or refinancing	54758
under this section shall be repaid in equal payments and at equal	54759
intervals over the term of the debt and are not eligible to be	54760
included in any subsequent proposal to restructure or refinance.	54761

(C) Unless the district is declared to be in a state of	54762
fiscal emergency under division (D) of section 3316.04 of the	54763
Revised Code, a school district shall remain in a state of fiscal	54764
watch for the duration of the repayment period of any loan	54765
restructured or refinanced under this section.	54766

Sec. 3316.06. (A) Within one hundred twenty days after the	54767
first meeting of a school district financial planning and	54768
supervision commission, the commission shall adopt a financial	54769
recovery plan regarding the school district for which the	54770
commission was created. During the formulation of the plan, the	54771
commission shall seek appropriate input from the school district	54772
board and from the community. This plan shall contain the	54773
following:	54774

(1) Actions to be taken to:

54775

(a) Eliminate all fiscal emergency conditions declared to	54776
exist pursuant to division (B) of section 3316.03 of the Revised	54777
Code;	54778

(b) Satisfy any judgments, past-due accounts payable, and all	54779
past-due and payable payroll and fringe benefits;	54780

(c) Eliminate the deficits in all deficit funds, except that	54781
any prior year deficits in the capital and maintenance fund	54782
established pursuant to section 3315.18 of the Revised Code shall	54783
be forgiven;	54784

(d) Restore to special funds any moneys from such funds that	54785
were used for purposes not within the purposes of such funds, or	54786
borrowed from such funds by the purchase of debt obligations of	54787
the school district with the moneys of such funds, or missing from	54788
the special funds and not accounted for, if any;	54789

(e) Balance the budget, avoid future deficits in any funds,	54790
and maintain on a current basis payments of payroll, fringe	54791
benefits, and all accounts;	54792

(f) Avoid any fiscal emergency condition in the future;

54793

(g) Restore the ability of the school district to market	54794
long-term general obligation bonds under provisions of law	54795
applicable to school districts generally.	54796

(2) The management structure that will enable the school	54797
district to take the actions enumerated in division (A)(1) of this	54798
section. The plan shall specify the level of fiscal and management	54799
control that the commission will exercise within the school	54800
district during the period of fiscal emergency, and shall	54801
enumerate respectively, the powers and duties of the commission	54802
and the powers and duties of the school board during that period.	54803
The commission may elect to assume any of the powers and duties of	54804
the school board it considers necessary, including all powers	54805
related to personnel, curriculum, and legal issues in order to	54806
successfully implement the actions described in division (A)(1) of	54807
this section.	54808

(3) The target dates for the commencement, progress upon, and	54809
completion of the actions enumerated in division (A)(1) of this	54810
section and a reasonable period of time expected to be required to	54811
implement the plan. The commission shall prepare a reasonable time	54812
schedule for progress toward and achievement of the requirements	54813
for the plan, and the plan shall be consistent with that time	54814
schedule.	54815

(4) The amount and purpose of any issue of debt obligations	54816
that will be issued, together with assurances that any such debt	54817
obligations that will be issued will not exceed debt limits	54818
supported by appropriate certifications by the fiscal officer of	54819
the school district and the county auditor. Debt obligations	54820
issued pursuant to section 133.301 of the Revised Code shall	54821
include assurances that such debt shall be in an amount not to	54822
exceed the amount certified under division (B) of such section. If	54823
the commission considers it necessary in order to maintain or	54824
improve educational opportunities of pupils in the school	54825
district, the plan may include a proposal to restructure or	54826
refinance outstanding debt obligations incurred by the board under	54827
section 3313.483 of the Revised Code contingent upon the approval,	54828
during the period of the fiscal emergency, by district voters of a	54829
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	54830
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	54831
renewal or replacement levy, or a levy under section 5705.199 of	54832
the Revised Code, and that will provide new operating revenue.	54833
Notwithstanding any provision of Chapter 133. or sections 3313.483	54834
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	54835
approval of the district voters and with the approval of the	54836
commission, the school district may issue securities to evidence	54837
the restructuring or refinancing. Those securities may extend the	54838
original period for repayment, not to exceed ten years, and may	54839
alter the frequency and amount of repayments, interest or other	54840
financing charges, and other terms of agreements under which the	54841
debt originally was contracted, at the discretion of the	54842
commission, provided that any loans received pursuant to section	54843
3313.483 of the Revised Code shall be paid from funds the district	54844
would otherwise receive under Chapter 3317. of the Revised Code,	54845
as required under division (E)(3) of section 3313.483 of the	54846
Revised Code. The securities issued for the purpose of	54847
restructuring or refinancing the debt shall be repaid in equal	54848
payments and at equal intervals over the term of the debt and are	54849
not eligible to be included in any subsequent proposal for the	54850
purpose of restructuring or refinancing debt under this section.	54851

(5) An evaluation of the feasibility of entering into shared	54852
services agreements with other political subdivisions for the	54853
joint exercise of any power, performance of any function, or	54854
rendering of any service, if so authorized by statute.	54855

(B) Any financial recovery plan may be amended subsequent to	54856
its adoption. Each financial recovery plan shall be updated	54857
annually.	54858

(C) Each school district financial planning and supervision	54859
commission shall submit the financial recovery plan it adopts or	54860
updates under this section to the state superintendent of public	54861
instruction for approval immediately following its adoption or	54862
updating. The state superintendent shall evaluate the plan and	54863
either approve or disapprove it within thirty calendar days from	54864
the date of its submission. If the plan is disapproved, the state	54865
superintendent shall recommend modifications that will render it	54866
acceptable. No financial planning and supervision commission shall	54867
implement a financial recovery plan that is adopted or updated on	54868
or after April 10, 2001, unless the state superintendent has	54869
approved it.	54870

Sec. 3317.01. As used in this section, "school district,"	54871
unless otherwise specified, means any city, local, exempted	54872
village, joint vocational, or cooperative education school	54873
district and any educational service center.	54874

This chapter shall be administered by the state board of	54875
education. The superintendent of public instruction shall	54876
calculate the amounts payable to each school district and shall	54877
certify the amounts payable to each eligible district to the	54878
treasurer of the district as provided by this chapter. As soon as	54879
possible after such amounts are calculated, the superintendent	54880
shall certify to the treasurer of each school district the	54881
district's adjusted charge-off increase, as defined in section	54882
5705.211 of the Revised Code. Certification of moneys pursuant to	54883
this section shall include the amounts payable to each school	54884
building, at a frequency determined by the superintendent, for	54885
each subgroup of students, as defined in section 3317.40 of the	54886
Revised Code, receiving services, provided for by state funding,	54887
from the district or school. No moneys shall be distributed	54888
pursuant to this chapter without the approval of the controlling	54889
board.	54890

The state board of education shall, in accordance with	54891
appropriations made by the general assembly, meet the financial	54892
obligations of this chapter.	54893

Moneys distributed pursuant to this chapter shall be	54894
calculated based on the annualized average of the monthly	54895
certifications required under section 3317.03 of the Revised Code	54896
and paid on a fiscal year basis, beginning with the first day of	54897
July and extending through the thirtieth day of June. The moneys	54898
appropriated for each fiscal year shall be distributed	54899
periodically to each school district unless otherwise provided	54900
for. The state board, in June of each year, shall submit to the	54901
controlling board the state board's year-end distributions	54902
pursuant to this chapter.	54903

Except as otherwise provided, payments under this chapter	54904
shall be made only to those school districts in which:	54905

(A) The school district, except for any educational service	54906
center and any joint vocational or cooperative education school	54907
district, levies for current operating expenses at least twenty	54908
mills. Levies for joint vocational or cooperative education school	54909
districts or county school financing districts, limited to or to	54910
the extent apportioned to current expenses, shall be included in	54911
this qualification requirement. School district income tax levies	54912
under Chapter 5748. of the Revised Code, limited to or to the	54913
extent apportioned to current operating expenses, shall be	54914
included in this qualification requirement to the extent	54915
determined by the tax commissioner under division (D) of section	54916
3317.021 of the Revised Code.	54917

(B) The school year next preceding the fiscal year for which	54918
such payments are authorized meets the requirement of section	54919
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	54920
minimum number of ~~days or~~ hours school must be open for	54921
instruction with pupils in attendance, for individualized	54922
parent-teacher conference and reporting periods, and for	54923
professional meetings of teachers. ~~This requirement shall be~~	54924
~~waived by the superintendent of public instruction if it had been~~	54925
~~necessary for a school to be closed because of disease epidemic,~~	54926
~~hazardous weather conditions, law enforcement emergencies,~~	54927
~~inoperability of school buses or other equipment necessary to the~~	54928
~~school's operation, damage to a school building, or other~~	54929
~~temporary circumstances due to utility failure rendering the~~	54930
~~school building unfit for school use, provided that for those~~	54931
~~school districts operating pursuant to section 3313.48 of the~~	54932
~~Revised Code the number of days the school was actually open for~~	54933
~~instruction with pupils in attendance and for individualized~~	54934
~~parent-teacher conference and reporting periods is not less than~~	54935
~~one hundred seventy-five, or for those school districts operating~~	54936
~~on a trimester plan the number of days the school was actually~~	54937
~~open for instruction with pupils in attendance not less than~~	54938
~~seventy-nine days in any trimester, for those school districts~~	54939
~~operating on a quarterly plan the number of days the school was~~	54940
~~actually open for instruction with pupils in attendance not less~~	54941
~~than fifty-nine days in any quarter, or for those school districts~~	54942
~~operating on a pentamester plan the number of days the school was~~	54943
~~actually open for instruction with pupils in attendance not less~~	54944
~~than forty-four days in any pentamester.~~	54945

A school district shall not be considered to have failed to	54946
comply with this division ~~or section 3313.481 of the Revised Code~~	54947
because schools were open for instruction but either twelfth grade	54948
students were excused from attendance for up to the equivalent of	54949
three school days or only a portion of the kindergarten students	54950
were in attendance for up to the equivalent of three school days	54951
in order to allow for the gradual orientation to school of such	54952
students.	54953

~~The superintendent of public instruction shall waive the~~	54954
~~requirements of this section with reference to the minimum number~~	54955
~~of days or hours school must be in session with pupils in~~	54956
~~attendance for the school year succeeding the school year in which~~	54957
~~a board of education initiates a plan of operation pursuant to~~	54958
~~section 3313.481 of the Revised Code. The minimum requirements of~~	54959
~~this section shall again be applicable to such a district~~	54960
~~beginning with the school year commencing the second July~~	54961
~~succeeding the initiation of one such plan, and for each school~~	54962
~~year thereafter.~~	54963

~~A school district shall not be considered to have failed to~~	54964
~~comply with this division or section 3313.48 or 3313.481 of the~~	54965
~~Revised Code because schools were open for instruction but the~~	54966
~~length of the regularly scheduled school day, for any number of~~	54967
~~days during the school year, was reduced by not more than two~~	54968
~~hours due to hazardous weather conditions.~~	54969

A board of education or governing board of an educational	54970
service center which has not conformed with other law and the	54971
rules pursuant thereto, shall not participate in the distribution	54972
of funds authorized by this chapter, except for good and	54973
sufficient reason established to the satisfaction of the state	54974
board of education and the state controlling board.	54975

All funds allocated to school districts under this chapter,	54976
except those specifically allocated for other purposes, shall be	54977
used to pay current operating expenses only.	54978

Sec. 3317.013. ~~Except for a preschool child with a~~	54979
~~disability for whom a scholarship has been awarded under section~~	54980
~~3310.41 of the Revised Code, this section does not apply to~~	54981
~~preschool children with disabilities.~~	54982

~~Analysis of special education cost data has resulted in a~~	54983
~~finding that the average special education additional cost per~~	54984
~~pupil, including the costs of related services, can be expressed~~	54985
~~as a multiple of the formula amount.~~ The multiples for the	54986
following categories of special education programs, as these	54987
programs are defined for purposes of Chapter 3323. of the Revised	54988
Code, and adjusted as provided in this section, are as follows:	54989

(A) A multiple of 0.2906 for students whose primary or only	54990
identified disability is a speech and language disability, as this	54991
term is defined pursuant to Chapter 3323. of the Revised Code;	54992

(B) A multiple of 0.7374 for students identified as specific	54993
learning disabled or developmentally disabled, as these terms are	54994
defined pursuant to Chapter 3323. of the Revised Code, or	54995
identified as having an other health impairment-minor, or	54996
identified as a preschool child who is developmentally delayed;	54997

(C) A multiple of 1.7716 for students identified as hearing	54998
disabled or severe behavior disabled, as these terms are defined	54999
pursuant to Chapter 3323. of the Revised Code;	55000

(D) A multiple of 2.3643 for students identified as vision	55001
impaired, as this term is defined pursuant to Chapter 3323. of the	55002
Revised Code, or as having an other health impairment-major;	55003

(E) A multiple of 3.2022 for students identified as	55004
orthopedically disabled or as having multiple disabilities, as	55005
these terms are defined pursuant to Chapter 3323. of the Revised	55006
Code;	55007

(F) A multiple of 4.7205 for students identified as autistic,	55008
having traumatic brain injuries, or as both visually and hearing	55009
impaired, as these terms are defined pursuant to Chapter 3323. of	55010
the Revised Code.	55011

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	55012
The multiples specified in divisions (A) to (F) of this section	55013
shall be adjusted by multiplying them by 0.90.	55014

Sec. 3317.014. The career-technical education additional	55015
cost per pupil for each student enrolled in career-technical	55016
education programs approved by the department of education in	55017
accordance with rules adopted under section 3313.90 of the Revised	55018
Code can be expressed as a multiple of the formula amount. The	55019
multiples for the following categories of career-technical	55020
education programs are as follows:	55021

(A) A multiple of 0.76 for each student enrolled in	55022
career-technical education workforce development programs in	55023
environmental and agricultural systems, construction technologies,	55024
engineering and science technologies, finance, health science,	55025
information technology, and manufacturing technologies;	55026

(B) A multiple of 0.68 for each student enrolled in workforce	55027
development programs in business and administration, hospitality	55028
and tourism, human services, law and public safety, and	55029
transportation systems;	55030

(C) A multiple of 0.43 for students enrolled in workforce	55031
development career-based intervention programs;	55032

(D) A multiple of 0.31 for students enrolled in workforce	55033
development programs in arts and communications, education and	55034
training, marketing, workforce development academics, and career	55035
development;	55036

(E) A multiple of 0.24 for students enrolled in family and	55037
consumer science programs.	55038

Career-technical education associated services costs can be	55039
expressed as a multiple of 0.05 of the formula amount.	55040

Sec. 3317.016. The amounts for limited English proficient	55041
students shall be as follows:	55042

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	55043
fiscal year 2015, for each student who has been enrolled in	55044
schools in the United States for 180 school days or less and was	55045
not previously exempted from taking the spring administration of	55046
either of the state's English language arts assessments prescribed	55047
by section 3301.0710 of the Revised Code (reading or writing).	55048

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	55049
fiscal year 2015, for each student who has been enrolled in	55050
schools in the United States for more than 180 school days or was	55051
previously exempted from taking the spring administration of	55052
either of the state's English language arts assessments prescribed	55053
by section 3301.0710 of the Revised Code (reading or writing).	55054

(C) An amount of $750, in fiscal year 2014, and $758, in	55055
fiscal year 2015, for each student who does not qualify for	55056
inclusion under division (A) or (B) of this section and is in a	55057
trial-mainstream period, as defined by the department.	55058

Sec. 3317.017. The department of education shall compute a	55059
school district's state share index as follows:	55060

(A) Calculate the district's valuation index, which equals	55061
the following quotient:	55062

(The district's three-year average valuation / the district's	55063
total ADM) / (the statewide three-year average valuation for	55064
school districts with a total ADM greater than zero / the	55065
statewide total ADM)	55066

(B) Calculate the district's median income index, which	55067
equals the following quotient:	55068

(The district's median Ohio adjusted gross income / the	55069
median of the median Ohio adjusted gross income of all districts	55070
statewide)	55071

55072

(1) If the district's median income index is less than the	55073
district's valuation index, then the district's wealth index shall	55074
be equal to [(1/3 X the district's median income index) + (2/3 X	55075
the district's valuation index)].	55076

(2) If the district's median income index is greater than or	55077
equal to the district's valuation index, then the district's	55078
wealth index shall be equal to the district's valuation index.	55079

(D) Determine the district's state share index as follows:

55080

(1) If the district's wealth index is less than or equal to	55081
0.35, then the district's state share index shall be equal to	55082
0.90.	55083

(2) If the district's wealth index is greater than 0.35 but	55084
less than or equal to 0.90, then the district's state share index	55085
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	55086
0.55]} + 0.50.	55087

(3) If the district's wealth index is greater than 0.90 but	55088
less than 1.8, then the district's state share index shall be	55089
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	55090
0.05.	55091

(4) If the district's wealth index is greater than or equal	55092
to 1.8, then the district's state share index shall be equal to	55093
0.05.	55094

(E)(1) For each school district for which the tax-exempt	55095
value of the district, as certified under division (A)(4) of	55096
section 3317.021 of the Revised Code, equals or exceeds thirty per	55097
cent of the potential value of the district, the department shall	55098
calculate the difference between the district's tax-exempt value	55099
and thirty per cent of the district's potential value. For this	55100
purpose, the "potential value" of a school district is the	55101
three-year average valuation of the district plus the tax-exempt	55102
value of the district.	55103

(2) For each school district to which division (E)(1) of this	55104
section applies, the department shall adjust the three-year	55105
average valuation used in the calculation under division (A) of	55106
this section by subtracting from it the amount calculated under	55107
division (E)(1) of this section.	55108

(F) When performing the calculations required under this	55109
section, the department shall not round to fewer than four decimal	55110
places.	55111

For purposes of these calculations for fiscal years 2014 and	55112
2015, "three-year average valuation" means the average of total	55113
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	55114
means the total ADM for fiscal year 2014; "median Ohio adjusted	55115
gross income" means the median Ohio adjusted gross income for tax	55116
year 2011; and "tax-exempt value" means the tax-exempt value for	55117
fiscal year 2014.	55118

Sec. 3317.02. As used in this chapter:

55119

(A)(1) "Category one career-technical education ADM" means	55120
the average daily membership of students receiving	55121
career-technical education services described in division (A) of	55122
section 3317.014 of the Revised Code and reported under division	55123
(B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code.	55124

(2) "Category two career-technical education ADM" means the	55125
average daily membership of students receiving career-technical	55126
education services described in division (B) of section 3317.014	55127
of the Revised Code and reported under division (B)(12) or	55128
(D)(2)(i) of section 3317.03 of the Revised Code.	55129

(3) "Category three career-technical education ADM" means the	55130
average daily membership of students receiving career-technical	55131
education services described in division (C) of section 3317.014	55132
of the Revised Code and reported under division (B)(13) or	55133
(D)(2)(j) of section 3317.03 of the Revised Code.	55134

(4) "Category four career-technical education ADM" means the	55135
average daily membership of students receiving career-technical	55136
education services described in division (D) of section 3317.014	55137
of the Revised Code and reported under division (B)(14) or	55138
(D)(2)(k) of section 3317.03 of the Revised Code.	55139

(5) "Category five career-technical education ADM" means the	55140
average daily membership of students receiving career-technical	55141
education services described in division (E) of section 3317.014	55142
of the Revised Code and reported under division (B)(15) or	55143
(D)(2)(l) of section 3317.03 of the Revised Code.	55144

(B)(1) "Category one limited English proficient ADM" means	55145
the average daily membership of limited English proficient	55146
students described in division (A) of section 3317.016 of the	55147
Revised Code and reported under division (B)(16) or (D)(2)(m) of	55148
section 3317.03 of the Revised Code.	55149

(2) "Category two limited English proficient ADM" means the	55150
average daily membership of limited English proficient students	55151
described in division (B) of section 3317.016 of the Revised Code	55152
and reported under division (B)(17) or (D)(2)(n) of section	55153
3317.03 of the Revised Code.	55154

(3) "Category three limited English proficient ADM" means the	55155
average daily membership of limited English proficient students	55156
described in division (C) of section 3317.016 of the Revised Code	55157
and reported under division (B)(18) or (D)(2)(o) of section	55158
3317.03 of the Revised Code.	55159

(C)(1) "Category one special education ADM" means the average	55160
daily membership of children with disabilities receiving special	55161
education services for the disability specified in division (A) of	55162
section 3317.013 of the Revised Code and reported under division	55163
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	55164

(2) "Category two special education ADM" means the average	55165
daily membership of children with disabilities receiving special	55166
education services for those disabilities specified in division	55167
(B) of section 3317.013 of the Revised Code and reported under	55168
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	55169
Code.	55170

(3) "Category three special education ADM" means the average	55171
daily membership of students receiving special education services	55172
for those disabilities specified in division (C) of section	55173
3317.013 of the Revised Code, and reported under division (B)(7)	55174
or (D)(2)(d) of section 3317.03 of the Revised Code.	55175

(4) "Category four special education ADM" means the average	55176
daily membership of students receiving special education services	55177
for those disabilities specified in division (D) of section	55178
3317.013 of the Revised Code and reported under division (B)(8) or	55179
(D)(2)(e) of section 3317.03 of the Revised Code.	55180

(5) "Category five special education ADM" means the average	55181
daily membership of students receiving special education services	55182
for the disabilities specified in division (E) of section 3317.013	55183
of the Revised Code and reported under division (B)(9) or	55184
(D)(2)(f) of section 3317.03 of the Revised Code.	55185

(6) "Category six special education ADM" means the average	55186
daily membership of students receiving special education services	55187
for the disabilities specified in division (F) of section 3317.013	55188
of the Revised Code and reported under division (B)(10) or	55189
(D)(2)(g) of section 3317.03 of the Revised Code.	55190

(D) "County DD board" means a county board of developmental	55191
disabilities.	55192

(E) "Economically disadvantaged index for a school district"	55193
means the square of the quotient of that district's percentage of	55194
students in its total ADM who are identified as economically	55195
disadvantaged as defined by the department of education, divided	55196
by the statewide percentage of students identified as economically	55197
disadvantaged.	55198

(F)(1) "Formula ADM" means, for a city, local, or exempted	55199
village school district, the average daily membership described in	55200
division (A) of section 3317.03 of the Revised Code, as verified	55201
by the superintendent of public instruction and adjusted if so	55202
ordered under division (K) of that section, and as further	55203
adjusted by counting only twenty per cent of the number of joint	55204
vocational school district students counted under division (A)(3)	55205
of section 3317.03 of the Revised Code.	55206

(2) "Formula ADM" means, for a joint vocational school	55207
district, the final number verified by the superintendent of	55208
public instruction, based on the number reported pursuant to	55209
division (D) of section 3317.03 of the Revised Code, as adjusted,	55210
if so ordered, under division (K) of that section.	55211

(G) "Formula amount" means $5,732, for fiscal year 2014, and	55212
$5,789, for fiscal year 2015.	55213

(H) "FTE basis" means a count of students based on full-time	55214
equivalency, in accordance with rules adopted by the department of	55215
education pursuant to section 3317.03 of the Revised Code. In	55216
adopting its rules under this division, the department shall	55217
provide for counting any student in category one, two, three,	55218
four, five, or six special education ADM or in category one, two,	55219
three, four, or five career technical education ADM in the same	55220
proportion the student is counted in formula ADM.	55221

(I) "Internet- or computer-based community school" has the	55222
same meaning as in section 3314.02 of the Revised Code.	55223

(J) "Medically fragile child" means a child to whom all of	55224
the following apply:	55225

(1) The child requires the services of a doctor of medicine	55226
or osteopathic medicine at least once a week due to the	55227
instability of the child's medical condition.	55228

(2) The child requires the services of a registered nurse on	55229
a daily basis.	55230

(3) The child is at risk of institutionalization in a	55231
hospital, skilled nursing facility, or intermediate care facility	55232
for individuals with intellectual disabilities.	55233

(K)(1) A child may be identified as having an "other health	55234
impairment-major" if the child's condition meets the definition of	55235
"other health impaired" established in rules previously adopted by	55236
the state board of education and if either of the following apply:	55237

(a) The child is identified as having a medical condition	55238
that is among those listed by the superintendent of public	55239
instruction as conditions where a substantial majority of cases	55240
fall within the definition of "medically fragile child."	55241

(b) The child is determined by the superintendent of public	55242
instruction to be a medically fragile child. A school district	55243
superintendent may petition the superintendent of public	55244
instruction for a determination that a child is a medically	55245
fragile child.	55246

(2) A child may be identified as having an "other health	55247
impairment-minor" if the child's condition meets the definition of	55248
"other health impaired" established in rules previously adopted by	55249
the state board of education but the child's condition does not	55250
meet either of the conditions specified in division (K)(1)(a) or	55251
(b) of this section.	55252

(L) "Preschool child with a disability" means a child with a	55253
disability, as defined in section 3323.01 of the Revised Code, who	55254
is at least age three but is not of compulsory school age, as	55255
defined in section 3321.01 of the Revised Code, and who is not	55256
currently enrolled in kindergarten.	55257

(M) "Preschool scholarship ADM" means the number of preschool	55258
children with disabilities reported under division (B)(3)(h) of	55259
section 3317.03 of the Revised Code.	55260

(N) "Related services" includes:

55261

(1) Child study, special education supervisors and	55262
coordinators, speech and hearing services, adaptive physical	55263
development services, occupational or physical therapy, teacher	55264
assistants for children with disabilities whose disabilities are	55265
described in division (B) of section 3317.013 or division (B)(3)	55266
of this section, behavioral intervention, interpreter services,	55267
work study, nursing services, and specialized integrative services	55268
as those terms are defined by the department;	55269

(2) Speech and language services provided to any student with	55270
a disability, including any student whose primary or only	55271
disability is a speech and language disability;	55272

(3) Any related service not specifically covered by other	55273
state funds but specified in federal law, including but not	55274
limited to, audiology and school psychological services;	55275

(4) Any service included in units funded under former	55276
division (O)(1) of section 3317.024 of the Revised Code;	55277

(5) Any other related service needed by children with	55278
disabilities in accordance with their individualized education	55279
programs.	55280

(O) "School district," unless otherwise specified, means	55281
city, local, and exempted village school districts.	55282

(P) "State education aid" has the same meaning as in section	55283
5751.20 of the Revised Code.	55284

(Q) "State share index" means the state share index	55285
calculated for a district under section 3317.017 of the Revised	55286
Code.	55287

(R) "Taxes charged and payable" means the taxes charged and	55288
payable against real and public utility property after making the	55289
reduction required by section 319.301 of the Revised Code, plus	55290
the taxes levied against tangible personal property.	55291

(S) "Total ADM" means, for a city, local, or exempted village	55292
school district, the average daily membership described in	55293
division (A) of section 3317.03 of the Revised Code, as verified	55294
by the superintendent of public instruction and adjusted if so	55295
ordered under division (K) of that section.	55296

(T) "Total career-technical education weight" for a district	55297
means the sum of the following:	55298

(1) The district's category one career-technical education	55299
ADM multiplied by the multiple specified in division (A) of	55300
section 3317.014 of the Revised Code;	55301

(2) The district's category two career-technical education	55302
ADM multiplied by the multiple specified in division (B) of	55303
section 3317.014 of the Revised Code;	55304

(3) The district's category three career-technical education	55305
ADM multiplied by the multiple specified in division (C) of	55306
section 3317.014 of the Revised Code;	55307

(4) The district's category four career-technical education	55308
ADM multiplied by the multiple specified in division (D) of	55309
section 3317.014 of the Revised Code;	55310

(5) The district's category five career-technical education	55311
ADM multiplied by the multiple specified in division (E) of	55312
section 3317.014 of the Revised Code.	55313

(U) "Total special education ADM" means the sum of categories	55314
one through six special education ADM.	55315

(V) "Total special education weight" for a district means the	55316
sum of the following:	55317

(1) The district's category one special education ADM	55318
multiplied by the multiple specified in division (A) of section	55319
3317.013 of the Revised Code;	55320

(2) The district's category two special education ADM	55321
multiplied by the multiple specified in division (B) of section	55322
3317.013 of the Revised Code;	55323

(3) The district's category three special education ADM	55324
multiplied by the multiple specified in division (C) of section	55325
3317.013 of the Revised Code;	55326

(4) The district's category four special education ADM	55327
multiplied by the multiple specified in division (D) of section	55328
3317.013 of the Revised Code;	55329

(5) The district's category five special education ADM	55330
multiplied by the multiple specified in division (E) of section	55331
3317.013 of the Revised Code;	55332

(6) The district's category six special education ADM	55333
multiplied by the multiple specified in division (F) of section	55334
3317.013 of the Revised Code.	55335

(W) "Total taxable value" means the sum of the amounts	55336
certified for a city, local, exempted village, or joint vocational	55337
school district under divisions (A)(1) and (2) of section 3317.021	55338
of the Revised Code.	55339

Sec. 3317.021. (A) On or before the first day of June of	55340
each year, the tax commissioner shall certify to the department of	55341
education and the office of budget and management the information	55342
described in divisions (A)(1) to (7) of this section for each	55343
city, exempted village, and local school district, and the	55344
information required by divisions (A)(1) and (2) of this section	55345
for each joint vocational school district, and it shall be used,	55346
along with the information certified under division (B) of this	55347
section, in making the computations for the district under this	55348
chapter.	55349

(1) The taxable value of real and public utility real	55350
property in the school district subject to taxation in the	55351
preceding tax year, by class and by county of location.	55352

(2) The taxable value of tangible personal property,	55353
including public utility personal property, subject to taxation by	55354
the district for the preceding tax year.	55355

(3)(a) The total property tax rate and total taxes charged	55356
and payable for the current expenses for the preceding tax year	55357
and the total property tax rate and the total taxes charged and	55358
payable to a joint vocational district for the preceding tax year	55359
that are limited to or to the extent apportioned to current	55360
expenses.	55361

(b) The portion of the amount of taxes charged and payable	55362
reported for each city, local, and exempted village school	55363
district under division (A)(3)(a) of this section attributable to	55364
a joint vocational school district.	55365

(4) The value of all real and public utility real property in	55366
the school district exempted from taxation minus both of the	55367
following:	55368

(a) The value of real and public utility real property in the	55369
district owned by the United States government and used	55370
exclusively for a public purpose;	55371

(b) The value of real and public utility real property in the	55372
district exempted from taxation under Chapter 725. or 1728. or	55373
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	55374
5709.73, or 5709.78 of the Revised Code.	55375

(5) The total federal adjusted gross income of the residents	55376
of the school district, based on tax returns filed by the	55377
residents of the district, for the most recent year for which this	55378
information is available.	55379

~~(6) The sum of the school district compensation value as~~	55380
~~indicated on the list of exempted property for the preceding tax~~	55381
~~year under section 5713.08 of the Revised Code as if such property~~	55382
~~had been assessed for taxation that year and the other~~	55383
~~compensation value for the school district, minus the amounts~~	55384
~~described in divisions (A)(6)(c) to (i) of this section. The~~	55385
~~portion of school district compensation value or other~~	55386
~~compensation value attributable to an incentive district exemption~~	55387
~~may be subtracted only once even if that incentive district~~	55388
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	55389
~~(i) of this section.~~	55390

~~(a) "School district compensation value" means the aggregate~~	55391
~~value of real property in the school district exempted from~~	55392
~~taxation pursuant to an ordinance or resolution adopted under~~	55393
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	55394
~~or division (B) of section 5709.78 of the Revised Code to the~~	55395
~~extent that the exempted value results in the charging of payments~~	55396
~~in lieu of taxes required to be paid to the school district under~~	55397
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	55398
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	55399

~~(b) "Other compensation value" means the quotient that~~	55400
~~results from dividing (i) the dollar value of compensation~~	55401
~~received by the school district during the preceding tax year~~	55402
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	55403
~~Revised Code and the amounts received pursuant to an agreement as~~	55404
~~specified in division (D)(2) of section 5709.40, division (D) of~~	55405
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	55406
~~Code to the extent those amounts were not previously reported or~~	55407
~~included in division (A)(6)(a) of this section, and so that any~~	55408
~~such amount is reported only once under division (A)(6)(b) of this~~	55409
~~section, in relation to exemptions from taxation granted pursuant~~	55410
~~to an ordinance or resolution adopted under division (C) of~~	55411
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	55412
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	55413
~~tax rate in effect for the preceding tax year for~~	55414
~~nonresidential/agricultural real property after making the~~	55415
~~reductions required by section 319.301 of the Revised Code.~~	55416

~~(c) The portion of school district compensation value or~~	55417
~~other compensation value that was exempted from taxation pursuant~~	55418
~~to such an ordinance or resolution for the preceding tax year, if~~	55419
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	55420
~~and the legislative authority or board of township trustees or~~	55421
~~county commissioners, prior to January 1, 2006, executes a~~	55422
~~contract or agreement with a developer, whether for-profit or~~	55423
~~not-for-profit, with respect to the development of a project~~	55424
~~undertaken or to be undertaken and identified in the ordinance or~~	55425
~~resolution, and upon which parcels such project is being, or will~~	55426
~~be, undertaken;~~	55427

~~(d) The portion of school district compensation value that~~	55428
~~was exempted from taxation for the preceding tax year and for~~	55429
~~which payments in lieu of taxes for the preceding tax year were~~	55430
~~provided to the school district under division (D)(1) of section~~	55431
~~5709.40 of the Revised Code.~~	55432

~~(e) The portion of school district compensation value that~~	55433
~~was exempted from taxation for the preceding tax year pursuant to~~	55434
~~such an ordinance or resolution, if and to the extent that, on or~~	55435
~~before April 1, 2006, the fiscal officer of the municipal~~	55436
~~corporation that adopted the ordinance, or of the township or~~	55437
~~county that adopted the resolution, certifies and provides~~	55438
~~appropriate supporting documentation to the tax commissioner and~~	55439
~~the director of development that, based on hold-harmless~~	55440
~~provisions in any agreement between the school district and the~~	55441
~~legislative authority of the municipal corporation, board of~~	55442
~~township trustees, or board of county commissioners that was~~	55443
~~entered into on or before June 1, 2005, the ability or obligation~~	55444
~~of the municipal corporation, township, or county to repay bonds,~~	55445
~~notes, or other financial obligations issued or entered into prior~~	55446
~~to January 1, 2006, will be impaired, including obligations to or~~	55447
~~of any other body corporate and politic with whom the legislative~~	55448
~~authority of the municipal corporation or board of township~~	55449
~~trustees or county commissioners has entered into an agreement~~	55450
~~pertaining to the use of service payments derived from the~~	55451
~~improvements exempted;~~	55452

~~(f) The portion of school district compensation value that~~	55453
~~was exempted from taxation for the preceding tax year pursuant to~~	55454
~~such an ordinance or resolution, if the ordinance or resolution is~~	55455
~~adopted prior to January 1, 2006, in a municipal corporation with~~	55456
~~a population that exceeds one hundred thousand, as shown by the~~	55457
~~most recent federal decennial census, that includes a major~~	55458
~~employment center and that is adjacent to historically distressed~~	55459
~~neighborhoods, if the legislative authority of the municipal~~	55460
~~corporation that exempted the property prepares an economic~~	55461
~~analysis that demonstrates that all taxes generated within the~~	55462
~~incentive district accruing to the state by reason of improvements~~	55463
~~constructed within the district during its existence exceed the~~	55464
~~amount the state pays the school district under section 3317.022~~	55465
~~of the Revised Code attributable to such property exemption from~~	55466
~~the school district's recognized valuation. The analysis shall be~~	55467
~~submitted to and approved by the department of development prior~~	55468
~~to January 1, 2006, and the department shall not unreasonably~~	55469
~~withhold approval.~~	55470

~~(g) The portion of school district compensation value that~~	55471
~~was exempted from taxation for the preceding tax year under such~~	55472
~~an ordinance or resolution, if the ordinance or resolution is~~	55473
~~adopted prior to January 1, 2006, and if service payments have~~	55474
~~been pledged to be used for mixed-use riverfront entertainment~~	55475
~~development in any county with a population that exceeds six~~	55476
~~hundred thousand, as shown by the most recent federal decennial~~	55477
~~census;~~	55478

~~(h) The portion of school district compensation value that~~	55479
~~was exempted from taxation for the preceding tax year under such~~	55480
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	55481
~~legislative authority of a municipal corporation, board of~~	55482
~~township trustees, or board of county commissioners has pledged~~	55483
~~service payments for a designated transportation capacity project~~	55484
~~approved by the transportation review advisory council under~~	55485
~~Chapter 5512. of the Revised Code;~~	55486

~~(i) The portion of school district compensation value that~~	55487
~~was exempted from taxation for the preceding tax year under such~~	55488
~~an ordinance or resolution if the legislative authority of a~~	55489
~~municipal corporation, board of township trustees, or board of~~	55490
~~county commissioners have, by January 1, 2006, pledged proceeds~~	55491
~~for designated transportation improvement projects that involve~~	55492
~~federal funds for which the proceeds are used to meet a local~~	55493
~~share match requirement for such funding.~~	55494

~~As used in division (A)(6) of this section, "project" has the~~	55495
~~same meaning as in section 5709.40 of the Revised Code.~~	55496

~~(7) The aggregate value of real property in the school~~	55497
~~district for which an exemption from taxation is granted by an~~	55498
~~ordinance or resolution adopted on or after January 1, 2006, under~~	55499
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	55500
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	55501
~~Code, as indicated on the list of exempted property for the~~	55502
~~preceding tax year under section 5713.08 of the Revised Code and~~	55503
~~as if such property had been assessed for taxation that year,~~	55504
~~minus the product determined by multiplying (a) the aggregate~~	55505
~~value of the real property in the school district exempted from~~	55506
~~taxation for the preceding tax year under any of the chapters or~~	55507
~~sections specified in this division, by (b) a fraction, the~~	55508
~~numerator of which is the difference between (i) the amount of~~	55509
~~anticipated revenue such school district would have received for~~	55510
~~the preceding tax year if the real property exempted from taxation~~	55511
~~had not been exempted from taxation and (ii) the aggregate amount~~	55512
~~of payments in lieu of taxes on the exempt real property for the~~	55513
~~preceding tax year and other compensation received for the~~	55514
~~preceding tax year by the school district pursuant to any~~	55515
~~agreements entered into on or after January 1, 2006, under section~~	55516
~~5709.82 of the Revised Code between the school district and the~~	55517
~~legislative authority of a political subdivision that acted under~~	55518
~~the authority of a chapter or statute specified in this division,~~	55519
~~that were entered into in relation to such exemption, and the~~	55520
~~denominator of which is the amount of anticipated revenue such~~	55521
~~school district would have received in the preceding fiscal year~~	55522
~~if the real property exempted from taxation had not been exempted.~~	55523

(B) On or before the first day of May each year, the tax	55524
commissioner shall certify to the department of education and the	55525
office of budget and management the total taxable real property	55526
value of railroads and, separately, the total taxable tangible	55527
personal property value of all public utilities for the preceding	55528
tax year, by school district and by county of location.	55529

(C) If a public utility has properly and timely filed a	55530
petition for reassessment under section 5727.47 of the Revised	55531
Code with respect to an assessment issued under section 5727.23 of	55532
the Revised Code affecting taxable property apportioned by the tax	55533
commissioner to a school district, the taxable value of public	55534
utility tangible personal property included in the certification	55535
under divisions (A)(2) and (B) of this section for the school	55536
district shall include only the amount of taxable value on the	55537
basis of which the public utility paid tax for the preceding year	55538
as provided in division (B)(1) or (2) of section 5727.47 of the	55539
Revised Code.	55540

(D) If on the basis of the information certified under	55541
division (A) of this section, the department determines that any	55542
district fails in any year to meet the qualification requirement	55543
specified in division (A) of section 3317.01 of the Revised Code,	55544
the department shall immediately request the tax commissioner to	55545
determine the extent to which any school district income tax	55546
levied by the district under Chapter 5748. of the Revised Code	55547
shall be included in meeting that requirement. Within five days of	55548
receiving such a request from the department, the tax commissioner	55549
shall make the determination required by this division and report	55550
the quotient obtained under division (D)(3) of this section to the	55551
department and the office of budget and management. This quotient	55552
represents the number of mills that the department shall include	55553
in determining whether the district meets the qualification	55554
requirement of division (A) of section 3317.01 of the Revised	55555
Code.	55556

The tax commissioner shall make the determination required by	55557
this division as follows:	55558

(1) Multiply one mill times the total taxable value of the	55559
district as determined in divisions (A)(1) and (2) of this	55560
section;	55561

(2) Estimate the total amount of tax liability for the	55562
current tax year under taxes levied by Chapter 5748. of the	55563
Revised Code that are apportioned to current operating expenses of	55564
the district, excluding any income tax receipts allocated for the	55565
project cost, debt service, or maintenance set-aside associated	55566
with a state-assisted classroom facilities project as authorized	55567
by section 3318.052 of the Revised Code;	55568

(3) Divide the amount estimated under division (D)(2) of this	55569
section by the product obtained under division (D)(1) of this	55570
section.	55571

~~(E)(1) On or before June 1, 2006, and the first day of April~~	55572
~~of each year thereafter, the director of development shall report~~	55573
~~to the department of education, the tax commissioner, and the~~	55574
~~director of budget and management the total amounts of payments~~	55575
~~received by each city, local, exempted village, or joint~~	55576
~~vocational school district for the preceding tax year pursuant to~~	55577
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	55578
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	55579
~~or (D) of section 5709.82 of the Revised Code in relation to~~	55580
~~exemptions from taxation granted pursuant to an ordinance adopted~~	55581
~~by the legislative authority of a municipal corporation under~~	55582
~~division (C) of section 5709.40 of the Revised Code, or a~~	55583
~~resolution adopted by a board of township trustees or board of~~	55584
~~county commissioners under division (C) of section 5709.73 or~~	55585
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	55586
~~On or before April 1, 2006, and the first day of March of each~~	55587
~~year thereafter, the treasurer of each city, local, exempted~~	55588
~~village, or joint vocational school district that has entered into~~	55589
~~such an agreement shall report to the director of development the~~	55590
~~total amounts of such payments the district received for the~~	55591
~~preceding tax year as provided in this section. The state board of~~	55592
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	55593
~~Revised Code, may suspend or revoke the license of a treasurer~~	55594
~~found to have willfully reported erroneous, inaccurate, or~~	55595
~~incomplete data under this division.~~	55596

~~(2) On or before April 1, 2007, and the first day of April of~~	55597
~~each year thereafter, the director of development shall report to~~	55598
~~the department of education, the tax commissioner, and the~~	55599
~~director of budget and management the total amounts of payments~~	55600
~~received by each city, local, exempted village, or joint~~	55601
~~vocational school district for the preceding tax year pursuant to~~	55602
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	55603
~~in relation to exemptions from taxation granted pursuant to~~	55604
~~ordinances or resolutions adopted on or after January 1, 2006,~~	55605
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	55606
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	55607
~~Revised Code. On or before March 1, 2007, and the first day of~~	55608
~~March of each year thereafter, the treasurer of each city, local,~~	55609
~~exempted village, or joint vocational school district that has~~	55610
~~entered into such an agreement shall report to the director of~~	55611
~~development the total amounts of such payments the district~~	55612
~~received for the preceding tax year as provided by this section.~~	55613
~~The state board of education, in accordance with sections 3319.31~~	55614
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	55615
~~license of a treasurer found to have willfully reported erroneous,~~	55616
~~inaccurate, or incomplete data under this division.~~	55617

Sec. 3317.022. (A) The department of education shall compute	55618
and distribute state core foundation funding to each eligible	55619
school district for the fiscal year, using the information	55620
obtained under section 3317.021 of the Revised Code in the	55621
calendar year in which the fiscal year begins, as prescribed in	55622
the following divisions:	55623

(1) An opportunity grant calculated according to the	55624
following formula:	55625

The formula amount X formula ADM X the district's state share	55626
index	55627

(2) Targeted assistance funds calculated under divisions (A)	55628
and (B) of section 3317.0217 of the Revised Code;	55629

(3) Additional state aid for special education and related	55630
services provided under Chapter 3323. of the Revised Code	55631
calculated according to the following formula:	55632

The formula amount X the district's total special education	55633

weight X the district's state share index	55634

(4) Kindergarten through third grade literacy funds	55635
calculated according to the following formula:	55636

($300, in fiscal year 2014, or $303, in fiscal year 2015) X	55637
formula ADM for grades kindergarten through three X the district's	55638
state share index	55639

(5) Economically disadvantaged funds calculated according to	55640
the following formula:	55641

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	55642
(the district's economically disadvantaged index) X the number of	55643
students who are economically disadvantaged as reported under	55644
division (B)(21) of section 3317.03 of the Revised Code	55645

(6) Limited English proficiency funds calculated as the sum	55646
of the following:	55647

(a) The district's category one limited English proficient	55648
ADM X the amount specified in division (A) of section 3317.016 of	55649
the Revised Code X the district's state share index;	55650

(b) The district's category two limited English proficient	55651
ADM X the amount specified in division (B) of section 3317.016 of	55652
the Revised Code X the district's state share index;	55653

(c) The district's category three limited English proficient	55654
ADM X the amount specified in division (C) of section 3317.016 of	55655
the Revised Code X the district's state share index.	55656

(7)(a) Gifted identification funds calculated according to	55657
the following formula:	55658

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	55659

district's formula ADM	55660

(b) Gifted unit funding calculated under section 3317.051 of	55661
the Revised Code.	55662

(8) Career-technical education funds calculated according to	55663
the following formula:	55664

The formula amount X the district's total career-technical	55665

education weight X the district's state share index	55666

Payment of funds under division (A)(8) of this section is	55667
subject to approval under section 3317.161 of the Revised Code.	55668

(9) Career-technical education associated services funds	55669
calculated according to the following formula:	55670

The district's state share index X 0.05 X the formula	55671

amount X the sum of categories one through five career-technical	55672

education ADM	55673

(B) In any fiscal year, a school district shall spend for	55674
purposes that the department designates as approved for special	55675
education and related services expenses at least the amount	55676
calculated as follows:	55677

(The formula amount X the total special education ADM) +	55678

(the formula amount X the district's total special education	55679

weight)	55680

The purposes approved by the department for special education	55681
expenses shall include, but shall not be limited to,	55682
identification of children with disabilities, compliance with	55683
state rules governing the education of children with disabilities	55684
and prescribing the continuum of program options for children with	55685
disabilities, provision of speech language pathology services, and	55686
the portion of the school district's overall administrative and	55687
overhead costs that are attributable to the district's special	55688
education student population.	55689

The scholarships deducted from the school district's account	55690
under sections 3310.41 and 3310.55 of the Revised Code shall be	55691
considered to be an approved special education and related	55692
services expense for the purpose of the school district's	55693
compliance with this division.	55694

(C) In any fiscal year, a school district receiving funds	55695
under division (A)(8) of this section shall spend those funds only	55696
for the purposes that the department designates as approved for	55697
career-technical education expenses. Career-technical educational	55698
expenses approved by the department shall include only expenses	55699
connected to the delivery of career-technical programming to	55700
career-technical students. The department shall require the school	55701
district to report data annually so that the department may	55702
monitor the district's compliance with the requirements regarding	55703
the manner in which funding received under division (A)(8) of this	55704
section may be spent.	55705

(D) In any fiscal year, a school district receiving funds	55706
under division (A)(9) of this section, or through a transfer of	55707
funds pursuant to division (I) of section 3317.023 of the Revised	55708
Code, shall spend those funds only for the purposes that the	55709
department designates as approved for career-technical education	55710
associated services expenses, which may include such purposes as	55711
apprenticeship coordinators, coordinators for other	55712
career-technical education services, career-technical evaluation,	55713
and other purposes designated by the department. The department	55714
may deny payment under division (A)(9) of this section to any	55715
district that the department determines is not operating those	55716
services or is using funds paid under division (A)(9) of this	55717
section, or through a transfer of funds pursuant to division (I)	55718
of section 3317.023 of the Revised Code, for other purposes.	55719

(E) All funds received under division (A)(8) of this section	55720
shall be spent in the following manner:	55721

(1) At least seventy-five per cent of the funds shall be	55722
spent on curriculum development, purchase, and implementation;	55723
instructional resources and supplies; industry-based program	55724
certification; student assessment, credentialing, and placement;	55725
curriculum specific equipment purchases and leases;	55726
career-technical student organization fees and expenses; home and	55727
agency linkages; work-based learning experiences; professional	55728
development; and other costs directly associated with	55729
career-technical education programs including development of new	55730
programs.	55731

(2) Not more than twenty-five per cent of the funds shall be	55732
used for personnel expenditures.	55733

Sec. 3317.023. (A) The amounts required to be paid to a	55734
district under this chapter shall be adjusted by the amount of the	55735
computations made under divisions (B) to (K) of this section.	55736

As used in this section:

55737

(1) "~~VEPD~~CTPD" means a school district or group of school	55738
districts designated by the department of education as being	55739
responsible for the planning for and provision of ~~vocational~~	55740
career-technical education services to students within the	55741
district or group. A community school established under Chapter	55742
3314. of the Revised Code or a STEM school established under	55743
Chapter 3326. of the Revised Code may be assigned to a	55744
career-technical planning district.	55745

(2) "Lead district" means a school district, including a	55746
joint vocational school district, designated by the department as	55747
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	55748
career-technical education leadership within a ~~VEPD~~CTPD composed	55749
of a group of districts and, if assigned to the CTPD, community	55750
schools and STEM schools.	55751

(B) If a local ~~school district, or a~~, city, or exempted	55752
village school district to which a governing board of an	55753
educational service center provides services pursuant to an	55754
agreement entered into under section 3313.843 of the Revised Code,	55755
deduct the amount of the payment required for the reimbursement of	55756
the governing board under that section ~~3317.11 of the Revised~~	55757
~~Code~~.	55758

(C)(1) If the district is required to pay to or entitled to	55759
receive tuition from another school district under division (C)(2)	55760
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	55761
or if the superintendent of public instruction is required to	55762
determine the correct amount of tuition and make a deduction or	55763
credit under section 3317.08 of the Revised Code, deduct and	55764
credit such amounts as provided in division (J) of section 3313.64	55765
or section 3317.08 of the Revised Code.	55766

(2) For each child for whom the district is responsible for	55767
tuition or payment under division (A)(1) of section 3317.082 or	55768
section 3323.091 of the Revised Code, deduct the amount of tuition	55769
or payment for which the district is responsible.	55770

(D) If the district has been certified by the superintendent	55771
of public instruction under section 3313.90 of the Revised Code as	55772
not in compliance with the requirements of that section, deduct an	55773
amount equal to ten per cent of the amount computed for the	55774
district under this chapter.	55775

(E) If the district has received a loan from a commercial	55776
lending institution for which payments are made by the	55777
superintendent of public instruction pursuant to division (E)(3)	55778
of section 3313.483 of the Revised Code, deduct an amount equal to	55779
such payments.	55780

(F)(1) If the district is a party to an agreement entered	55781
into under division (D), (E), or (F) of section 3311.06 or	55782
division (B) of section 3311.24 of the Revised Code and is	55783
obligated to make payments to another district under such an	55784
agreement, deduct an amount equal to such payments if the district	55785
school board notifies the department in writing that it wishes to	55786
have such payments deducted.	55787

(2) If the district is entitled to receive payments from	55788
another district that has notified the department to deduct such	55789
payments under division (F)(1) of this section, add the amount of	55790
such payments.	55791

(G) If the district is required to pay an amount of funds to	55792
a cooperative education district pursuant to a provision described	55793
by division (B)(4) of section 3311.52 or division (B)(8) of	55794
section 3311.521 of the Revised Code, deduct such amounts as	55795
provided under that provision and credit those amounts to the	55796
cooperative education district for payment to the district under	55797
division (B)(1) of section 3317.19 of the Revised Code.	55798

(H)(1) If a district is educating a student entitled to	55799
attend school in another district pursuant to a shared education	55800
contract, compact, or cooperative education agreement other than	55801
an agreement entered into pursuant to section 3313.842 of the	55802
Revised Code, credit to that educating district on an FTE basis	55803
both of the following:	55804

(a) An amount equal to the formula amount.

55805

(b) An amount equal to ~~$5,732~~the formula amount times the	55806
state share ~~percentage~~index times any multiple applicable to the	55807
student ~~for fiscal year 2009~~ pursuant to section 3317.013 or	55808
~~3317.014~~ of the Revised Code~~, as those sections existed for that~~	55809
~~fiscal year~~.	55810

(2) Deduct any amount credited pursuant to division (H)(1) of	55811
this section from amounts paid to the school district in which the	55812
student is entitled to attend school pursuant to section 3313.64	55813
or 3313.65 of the Revised Code.	55814

(3) If the district is required by a shared education	55815
contract, compact, or cooperative education agreement to make	55816
payments to an educational service center, deduct the amounts from	55817
payments to the district and add them to the amounts paid to the	55818
service center pursuant to section 3317.11 of the Revised Code.	55819

(I)(1) If a district, including a joint vocational school	55820
district, is a lead district of a ~~VEPD~~CTPD, credit to that	55821
district the following ~~amounts~~amount calculated for ~~all the~~each	55822
school ~~districts~~district within that ~~VEPD~~CTPD:	55823

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	55824
~~amount computed under division (D)(2) of section 3317.022 of the~~	55825
~~Revised Code;~~	55826

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	55827
~~following:~~	55828

state share ~~percentage~~ index X .05 X ~~$5,732~~ the formula amount X	55829

the sum of categories one	55830

~~and two vocational~~ through five career-technical education ADM	55831

(2) Deduct from each appropriate district that is not a lead	55832
district, the amount attributable to that district that is	55833
credited to a lead district under division (I)(1) of this section.	55834

(J) If the department pays a joint vocational school district	55835
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	55836
for excess costs of providing special education and related	55837
services to a student with a disability, as calculated under	55838
division ~~(G)(2)~~(C)(1) of that section, the department shall	55839
deduct the amount of that payment from the city, local, or	55840
exempted village school district that is responsible as specified	55841
in that section for the excess costs.	55842

(K)(1) If the district reports an amount of excess cost for	55843
special education services for a child under division (C) of	55844
section 3323.14 of the Revised Code, the department shall pay that	55845
amount to the district.	55846

(2) If the district reports an amount of excess cost for	55847
special education services for a child under division (C) of	55848
section 3323.14 of the Revised Code, the department shall deduct	55849
that amount from the district of residence of that child.	55850

Sec. 3317.0212. ~~The department of education shall make no~~	55851
~~payments under this section for fiscal year 2012 or 2013.~~	55852

(A) As used in this section:

55853

(1) ~~"Assigned bus" means a school bus used to transport~~	55854
~~qualifying riders.~~	55855

~~(2) "Nontraditional ridership" means the average number of~~	55856
~~qualifying riders who are enrolled in a community school~~	55857
~~established under Chapter 3314. of the Revised Code, in a STEM~~	55858
~~school established under Chapter 3326. of the Revised Code, or in~~	55859
~~a nonpublic school and are provided school bus service by a school~~	55860
~~district during the first full week of October.~~	55861

~~(3)~~ "Qualifying riders" means resident students enrolled in	55862
regular education in grades kindergarten to twelve who are	55863
provided school bus service by a school district and who live more	55864
than one mile from the school they attend, including students with	55865
dual enrollment in a joint vocational school district or a	55866
cooperative education school district, and students enrolled in a	55867
community school, STEM school, or nonpublic school.	55868

~~(4)~~(2) "Qualifying ridership" means the average number of	55869
qualifying riders who are provided school bus service by a school	55870
district during the first full week of October.	55871

~~(5)~~(3) "Rider density" means the number of qualifying riders	55872
per square mile of a school district.	55873

~~(6)~~(4) "School bus service" means a school district's	55874
transportation of qualifying riders in any of the following types	55875
of vehicles:	55876

(a) School buses owned or leased by the district;

55877

(b) School buses operated by a private contractor hired by	55878
the district;	55879

(c) School buses operated by another school district or	55880
entity with which the district has contracted, either as part of a	55881
consortium for the provision of transportation or otherwise.	55882

(B) Not later than the fifteenth day of October each year,	55883
each city, local, and exempted village school district shall	55884
report to the department of education its qualifying ridership,	55885
~~nontraditional ridership, number of qualifying riders per assigned~~	55886
~~bus,~~ and any other information requested by the department.	55887
Subsequent adjustments to the reported numbers shall be made only	55888
in accordance with rules adopted by the department.	55889

(C) The department shall calculate the statewide	55890
transportation cost per student as follows:	55891

(1) Determine each city, local, and exempted village school	55892
district's transportation cost per student by dividing the	55893
district's total costs for school bus service in the previous	55894
fiscal year by its qualifying ridership in the previous fiscal	55895
year.	55896

(2) After excluding districts that do not provide school bus	55897
service and the ten districts with the highest transportation	55898
costs per student and the ten districts with the lowest	55899
transportation costs per student, divide the aggregate cost for	55900
school bus service for the remaining districts in the previous	55901
fiscal year by the aggregate qualifying ridership of those	55902
districts in the previous fiscal year.	55903

(D) The department shall calculate the statewide	55904
transportation cost per mile as follows:	55905

(1) Determine each city, local, and exempted village school	55906
district's transportation cost per mile by dividing the district's	55907
total costs for school bus service in the previous fiscal year by	55908
its total number of miles driven for school bus service in the	55909
previous fiscal year.	55910

(2) After excluding districts that do not provide school bus	55911
service and the ten districts with the highest transportation	55912
costs per mile and the ten districts with the lowest	55913
transportation costs per mile, divide the aggregate cost for	55914
school bus service for the remaining districts in the previous	55915
fiscal year by the aggregate miles driven for school bus service	55916
in those districts in the previous fiscal year.	55917

(E) The department shall calculate each city, local, and	55918
exempted village school district's transportation ~~base~~ payment as	55919
follows:	55920

(1) Multiply the statewide transportation cost per student by	55921
the district's qualifying ridership for the current fiscal year.	55922

(2) Multiply the statewide transportation cost per mile by	55923
the district's total number of miles driven for school bus service	55924
in the current fiscal year.	55925

(3) Multiply the greater of the amounts calculated under	55926
divisions (E)(1) and (2) of this section by the greater of sixty	55927
per cent or the district's state share ~~percentage~~index, as	55928
defined in section 3317.02 of the Revised Code.	55929

(F) ~~The department shall calculate each city, local, and~~	55930
~~exempted village school district's nontraditional ridership~~	55931
~~adjustment according to the following formula:~~	55932

~~(nontraditional ridership for the current fiscal year /~~	55933

~~qualifying ridership for the current fiscal year) X 0.1 X~~	55934

~~transportation base payment~~	55935

~~(G) If a city, local, or exempted village school district~~	55936
~~offers school bus service to all resident students who are~~	55937
~~enrolled in regular education in district schools in grades nine~~	55938
~~to twelve and who live more than one mile from the school they~~	55939
~~attend, the department shall calculate the district's high school~~	55940
~~ridership adjustment according to the following formula:~~	55941

~~0.025 X transportation base payment~~	55942

~~(H) If a city, local, or exempted village school district~~	55943
~~offers school bus service to students enrolled in grades~~	55944
~~kindergarten to eight who live more than one mile, but two miles~~	55945
~~or less, from the school they attend, the department shall~~	55946
~~calculate an additional adjustment according to the following~~	55947
~~formula:~~	55948

~~0.025 X transportation base payment~~	55949

~~(I)(1) The department annually shall establish a target~~	55950
~~number of qualifying riders per assigned bus for each city, local,~~	55951
~~and exempted village school district. The department shall use the~~	55952
~~most recently available data in establishing the target number.~~	55953
~~The target number shall be based on the statewide median number of~~	55954
~~qualifying riders per assigned bus as adjusted to reflect the~~	55955
~~district's rider density in comparison to the rider density of all~~	55956
~~other districts. The department shall post on the department's web~~	55957
~~site each district's target number of qualifying riders per~~	55958
~~assigned bus and a description of how the target number was~~	55959
~~determined.~~	55960

~~(2) The department shall determine each school district's~~	55961
~~efficiency index by dividing the district's median number of~~	55962
~~qualifying riders per assigned bus by its target number of~~	55963
~~qualifying riders per assigned bus.~~	55964

~~(3) The department shall determine each city, local, and~~	55965
~~exempted village school district's efficiency adjustment as~~	55966
~~follows:~~	55967

~~(a) If the district's efficiency index is equal to or greater~~	55968
~~than 1.5, the efficiency adjustment shall be calculated according~~	55969
~~to the following formula:~~	55970

~~0.1 X transportation base payment~~	55971

~~(b) If the district's efficiency index is less than 1.5 but~~	55972
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	55973
~~calculated according to the following formula:~~	55974

~~[(efficiency index – 1) / 5] X transportation base payment~~	55975

~~(c) If the district's efficiency index is less than 1.0, the~~	55976
~~efficiency adjustment shall be zero.~~	55977

~~(J) The department shall pay each city, local, and exempted~~	55978
~~village school district the lesser of the following:~~	55979

~~(1) The sum of the amounts calculated under divisions (E) to~~	55980
~~(H) and (I)(3) of this section;~~	55981

~~(2) The district's total costs for school bus service for the~~	55982
~~prior fiscal year.~~	55983

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	55984
section, each city, local, and exempted village district shall	55985
receive in accordance with rules adopted by the state board of	55986
education a payment for students transported by means other than	55987
school bus service and whose transportation is not funded under	55988
division (C) of section 3317.024 of the Revised Code. The rules	55989
shall include provisions for school district reporting of such	55990
students.	55991

(G)(1) In fiscal years 2014 and 2015, the department shall	55992
pay each district a pro rata portion of the amounts calculated	55993
under division (E) of this section and described in division (F)	55994
of this section, based on state appropriations.	55995

(2) In addition to the prorated payment under division (G)(1)	55996
of this section, in fiscal years 2014 and 2015, the department	55997
shall pay each school district that meets the conditions	55998
prescribed in division (G)(3) of this section an additional amount	55999
equal to the difference of (a) the amounts calculated under	56000
division (E) of this section and prescribed in division (F) of	56001
this section minus (b) that prorated payment.	56002

(3) Division (G)(2) of this section applies to each school	56003
district that meets all of the following conditions:	56004

(a) The district qualifies for the calculation of a payment	56005
under division (E) of this section because it transports students	56006
on board-owned or contractor-owned school buses.	56007

(b) The district's state share index is greater than or equal	56008
to 0.50.	56009

(c) The district's rider density is at or below the median	56010
rider density of all districts that qualify for calculation of a	56011
payment under division (E) of this section.	56012

(H) Each city, local, and exempted village school district	56013
shall report all data used to calculate funding for transportation	56014
under this section through the education management information	56015
system pursuant to section 3301.0714 of the Revised Code.	56016

Sec. 3317.0213. (A) The department of education shall compute	56017
and pay in accordance with this section additional state aid for	56018
preschool special education children to each city, local, and	56019
exempted village school district and to each institution, as	56020
defined in section 3323.091 of the Revised Code. Funding shall be	56021
provided for children who are not enrolled in kindergarten and who	56022
are under age six on the thirtieth day of September of the	56023
academic year, or on the first day of August of the academic year	56024
if the school district in which the child is enrolled has adopted	56025
a resolution under division (A)(3) of section 3321.01 of the	56026
Revised Code, but not less than age three on the first day of	56027
December of the academic year.	56028

The additional state aid shall be calculated under the	56029
following formula:	56030

($4,000 X the number of preschool special education children)	56031
+ the sum of the following:	56032

(1) The district's or institution's category one special	56033
education preschool students X the multiple specified in division	56034
(A) of section 3317.013 of the Revised Code X the formula amount X	56035
the district's state share index X 0.50;	56036

(2) The district's or institution's category two special	56037
education preschool students X the multiple specified in division	56038
(B) of section 3317.013 of the Revised Code X the formula amount X	56039
the district's state share index X 0.50;	56040

(3) The district's or institution's category three special	56041
education preschool students X the multiple specified in division	56042
(C) of section 3317.013 of the Revised Code X the formula amount X	56043
the district's state share index X 0.50;	56044

(4) The district's or institution's category four special	56045
education preschool students X the multiple specified in division	56046
(D) of section 3317.013 of the Revised Code X the formula amount X	56047
the district's state share index X 0.50;	56048

(5) The district's or institution's category five special	56049
education preschool students X the multiple specified in division	56050
(E) of section 3317.013 of the Revised Code X the formula amount X	56051
the district's state share index X 0.50;	56052

(6) The district's or institution's category six special	56053
education preschool students X the multiple specified in division	56054
(F) of section 3317.013 of the Revised Code X the formula amount X	56055
the district's state share index X 0.50.	56056

The special education disability categories for preschool	56057
children used in this section are the same categories prescribed	56058
in section 3317.013 of the Revised Code.	56059

As used in division (A) of this section, the state share	56060
index of a student enrolled in an institution is the state share	56061
index of the school district in which the student is entitled to	56062
attend school under section 3313.64 or 3313.65 of the Revised	56063
Code.	56064

(B) If an educational service center is providing services to	56065
preschool special education students under agreement with the	56066
city, local, or exempted village school district in which the	56067
students are entitled to attend school, that district may	56068
authorize the department to transfer funds computed under this	56069
section to the service center providing those services.	56070

(C) If a county DD board is providing services to preschool	56071
special education students under agreement with the city, local,	56072
or exempted village school district in which the students are	56073
entitled to attend school, the department shall deduct from the	56074
district's payment computed under division (A) of this section the	56075
total amount of those funds that are attributable to the students	56076
served by the county DD board and pay that amount to that board.	56077

Sec. 3317.0214. (A) The department shall compute and pay in	56078
accordance with this section additional state aid to school	56079
districts for students in categories two through six special	56080
education ADM. If a district's costs for the fiscal year for a	56081
student in its categories two through six special education ADM	56082
exceed the threshold catastrophic cost for serving the student,	56083
the district may submit to the superintendent of public	56084
instruction documentation, as prescribed by the superintendent, of	56085
all its costs for that student. Upon submission of documentation	56086
for a student of the type and in the manner prescribed, the	56087
department shall pay to the district an amount equal to the sum of	56088
the following:	56089

(1) One-half of the district's costs for the student in	56090
excess of the threshold catastrophic cost;	56091

(2) The product of one-half of the district's costs for the	56092
student in excess of the threshold catastrophic cost multiplied by	56093
the district's state share index.	56094

(B) For purposes of division (A) of this section, the	56095
threshold catastrophic cost for serving a student equals:	56096

(1) For a student in the school district's category two,	56097
three, four, or five special education ADM, twenty-seven thousand	56098
three hundred seventy-five dollars;	56099

(2) For a student in the district's category six special	56100
education ADM, thirty-two thousand eight hundred fifty dollars.	56101

(C) The district shall report under division (A) of this	56102
section, and the department shall pay for, only the costs of	56103
educational expenses and the related services provided to the	56104
student in accordance with the student's individualized education	56105
program. Any legal fees, court costs, or other costs associated	56106
with any cause of action relating to the student may not be	56107
included in the amount.	56108

Sec. 3317.0217. Payment of the amount calculated for a school	56109
district under this section shall be made under division (A) of	56110
section 3317.022 of the Revised Code.	56111

(A) The department of education shall annually compute	56112
targeted assistance funds to school districts, as follows:	56113

(1) Calculate the local wealth per pupil of each school	56114
district, which equals the following sum:	56115

(a) One-half times the quotient of (i) the district's	56116
three-year average valuation divided by (ii) its formula ADM; plus	56117

(b) One-half times the quotient of (i) the average of the	56118
total federal adjusted gross income of the school district's	56119
residents for the three years most recently reported under section	56120
3317.021 of the Revised Code divided by (ii) its formula ADM.	56121

(2) Rank all school districts in order of local wealth per	56122
pupil, from the district with the lowest local wealth per pupil to	56123
the district with the highest local wealth per pupil.	56124

(3) Compute the statewide wealth per pupil, which equals the	56125
following sum:	56126

(a) One-half times the quotient of (i) the sum of the	56127
three-year average valuations for all school districts divided by	56128
(ii) the sum of formula ADM counts for all schools districts; plus	56129

(b) One-half times the quotient of (i) the sum of the	56130
three-year average total federal adjusted gross incomes for all	56131
school districts divided by (ii) the sum of formula ADM counts for	56132
all school districts.	56133

(4) Compute each district's wealth index by dividing the	56134
statewide wealth per pupil by the district's local wealth per	56135
pupil.	56136

(5) Compute the per pupil targeted assistance for each	56137
eligible school district in accordance with the following formula:	56138

(Threshold local wealth per pupil - the district's local wealth	56139
per pupil)	56140

X target millage X the district's wealth index	56141

Where:

56142

(a) An "eligible school district" means a school district	56143
with a local wealth per pupil less than that of the school	56144
district with the 490th lowest local wealth per pupil.	56145

(b) "Threshold local wealth per pupil" means the local wealth	56146
per pupil of the school district with the 490th lowest local	56147
wealth per pupil.	56148

56149

If the result of the calculation for a school district under	56150
division (A)(5) of this section is less than zero, the district's	56151
targeted assistance shall be zero.	56152

(6) Calculate the aggregate amount to be paid as targeted	56153
assistance funds to each school district under division (A) of	56154
section 3317.022 of the Revised Code by multiplying the per pupil	56155
targeted assistance computed under division (A)(5) of this section	56156
by the district's net formula ADM.	56157

As used in this division, a district's "net formula ADM"	56158
means its formula ADM minus both the number of internet- and	56159
computer-based community school students reported under division	56160
(B)(3)(e) of section 3317.03 of the Revised Code and scholarship	56161
students reported under divisions (B)(3)(f), (g), and (l) of that	56162
section.	56163

(B) The department shall annually compute supplemental	56164
targeted assistance funds to school districts, as follows:	56165

(1) Compute each district's agricultural percentage as the	56166
quotient of (a) the three-year average tax valuation of real	56167
property in the district that is classified as agricultural	56168
property divided by (b) the three-year average tax valuation of	56169
all of the real property in the district. For purposes of this	56170
computation, a district's "three-year average tax valuation" means	56171
the average of a district's tax valuation for fiscal years 2012,	56172
2013, and 2014.	56173

(2) Determine each district's agricultural targeted	56174
percentage as follows:	56175

(a) If a district's agricultural percentage is greater than	56176
or equal to 0.10, then the district's agricultural targeted	56177
percentage shall be equal to 0.40.	56178

(b) If a district's agricultural percentage is less than	56179
0.10, then the district's agricultural targeted percentage shall	56180
be equal to 4 X the district's agricultural percentage.	56181

(3) Calculate the aggregate amount to be paid as supplemental	56182
targeted assistance funds to each school district under division	56183
(A) of section 3317.022 of the Revised Code by multiplying the	56184
district's agricultural targeted percentage by the amount	56185
calculated for the district under division (A)(6) of this section.	56186

Sec. 3317.03. (A) The superintendent of each city, local,	56187
and exempted village school district and of each educational	56188
service center shall, for the schools under the superintendent's	56189
supervision, certify to the state board of education on or before	56190
the fifteenth day of ~~October in~~ each ~~year~~month for the first full	56191
school week ~~in October~~of that month the average daily membership	56192
of students receiving services from schools under the	56193
superintendent's supervision, and the numbers of other students	56194
entitled to attend school in the district under section 3313.64 or	56195
3313.65 of the Revised Code the superintendent is required to	56196
report under this section, so that the department of education can	56197
calculate the district's formula ADM. If a school under the	56198
superintendent's supervision is closed for one or more days during	56199
~~that~~a week for which the average daily membership must be	56200
certified due to hazardous weather conditions or other	56201
circumstances described in ~~the first paragraph of~~ division	56202
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	56203
superintendent may apply to the superintendent of public	56204
instruction for a waiver, under which the superintendent of public	56205
instruction may exempt the district superintendent from certifying	56206
the average daily membership for that school for that week and	56207
specify an alternate week in the same month for certifying the	56208
average daily membership of that school.	56209

The average daily membership during ~~such~~a week shall consist	56210
of the sum of the following:	56211

(1) On an FTE basis, the number of students in grades	56212
kindergarten through twelve receiving any educational services	56213
from the district, except that the following categories of	56214
students shall not be included in the determination:	56215

(a) Students enrolled in adult education classes;

56216

(b) Adjacent or other district students enrolled in the	56217
district under an open enrollment policy pursuant to section	56218
3313.98 of the Revised Code;	56219

(c) Students receiving services in the district pursuant to a	56220
compact, cooperative education agreement, or a contract, but who	56221
are entitled to attend school in another district pursuant to	56222
section 3313.64 or 3313.65 of the Revised Code;	56223

(d) Students for whom tuition is payable pursuant to sections	56224
3317.081 and 3323.141 of the Revised Code;	56225

(e) Students receiving services in the district through a	56226
scholarship awarded under either section 3310.41 or sections	56227
3310.51 to 3310.64 of the Revised Code.	56228

(2) On an FTE basis, the number of students entitled to	56229
attend school in the district pursuant to section 3313.64 or	56230
3313.65 of the Revised Code, but receiving educational services in	56231
grades kindergarten through twelve from one or more of the	56232
following entities:	56233

(a) A community school pursuant to Chapter 3314. of the	56234
Revised Code, including any participation in a college pursuant to	56235
Chapter 3365. of the Revised Code while enrolled in such community	56236
school;	56237

(b) An alternative school pursuant to sections 3313.974 to	56238
3313.979 of the Revised Code as described in division (I)(2)(a) or	56239
(b) of this section;	56240

(c) A college pursuant to Chapter 3365. of the Revised Code,	56241
except when the student is enrolled in the college while also	56242
enrolled in a community school pursuant to Chapter 3314. or a	56243
science, technology, engineering, and mathematics school	56244
established under Chapter 3326. of the Revised Code;	56245

(d) An adjacent or other school district under an open	56246
enrollment policy adopted pursuant to section 3313.98 of the	56247
Revised Code;	56248

(e) An educational service center or cooperative education	56249
district;	56250

(f) Another school district under a cooperative education	56251
agreement, compact, or contract;	56252

(g) A chartered nonpublic school with a scholarship paid	56253
under section 3310.08 of the Revised Code, if the students	56254
qualified for the scholarship under section 3310.03 of the Revised	56255
Code;	56256

(h) An alternative public provider or a registered private	56257
provider with a scholarship awarded under either section 3310.41	56258
or sections 3310.51 to 3310.64 of the Revised Code.	56259

As used in this section, "alternative public provider" and	56260
"registered private provider" have the same meanings as in section	56261
3310.41 or 3310.51 of the Revised Code, as applicable.	56262

(i) A science, technology, engineering, and mathematics	56263
school established under Chapter 3326. of the Revised Code,	56264
including any participation in a college pursuant to Chapter 3365.	56265
of the Revised Code while enrolled in the school;	56266

(j) A college-preparatory boarding school established under	56267
Chapter 3328. of the Revised Code.	56268

(3) The number of students enrolled in a joint vocational	56269
school district or under a ~~vocational~~career-technical education	56270
compact, excluding any students entitled to attend school in the	56271
district under section 3313.64 or 3313.65 of the Revised Code who	56272
are enrolled in another school district through an open enrollment	56273
policy as reported under division (A)(2)(d) of this section and	56274
then enroll in a joint vocational school district or under a	56275
~~vocational~~career-technical education compact;	56276

~~(4) The number of children with disabilities, other than~~	56277
~~preschool children with disabilities, entitled to attend school in~~	56278
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	56279
~~Code who are placed by the district with a county DD board, minus~~	56280
~~the number of such children placed with a county DD board in~~	56281
~~fiscal year 1998. If this calculation produces a negative number,~~	56282
~~the number reported under division (A)(4) of this section shall be~~	56283
~~zero~~.	56284

(B) To enable the department of education to obtain the data	56285
needed to complete the calculation of payments pursuant to this	56286
chapter, in addition to the average daily membership, each	56287
superintendent shall report separately the following student	56288
counts for the same ~~week~~weeks for which average daily membership	56289
is certified:	56290

(1) The total average daily membership in regular learning	56291
day classes included in the report under division (A)(1) or (2) of	56292
this section for each of the individual grades kindergarten	56293
through twelve in schools under the superintendent's supervision;	56294

(2) The number of all preschool children with disabilities	56295
enrolled as of the first day of December in classes in the	56296
district ~~that are~~for whom the district is eligible ~~for approval~~	56297
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	56298
of the Revised Code and the number of those classes, which shall	56299
be reported not later than the fifteenth day of December, in	56300
accordance with ~~rules adopted under that~~the disability categories	56301
prescribed in section 3317.013 of the Revised Code;	56302

(3) The number of children entitled to attend school in the	56303
district pursuant to section 3313.64 or 3313.65 of the Revised	56304
Code who are:	56305

(a) Participating in a pilot project scholarship program	56306
established under sections 3313.974 to 3313.979 of the Revised	56307
Code as described in division (I)(2)(a) or (b) of this section;	56308

(b) Enrolled in a college under Chapter 3365. of the Revised	56309
Code, except when the student is enrolled in the college while	56310
also enrolled in a community school pursuant to Chapter 3314. or a	56311
science, technology, engineering, and mathematics school	56312
established under Chapter 3326. of the Revised Code;	56313

(c) Enrolled in an adjacent or other school district under	56314
section 3313.98 of the Revised Code;	56315

(d) Enrolled in a community school established under Chapter	56316
3314. of the Revised Code that is not an internet- or	56317
computer-based community school as defined in section 3314.02 of	56318
the Revised Code, including any participation in a college	56319
pursuant to Chapter 3365. of the Revised Code while enrolled in	56320
such community school;	56321

(e) Enrolled in an internet- or computer-based community	56322
school, as defined in section 3314.02 of the Revised Code,	56323
including any participation in a college pursuant to Chapter 3365.	56324
of the Revised Code while enrolled in the school;	56325

(f) Enrolled in a chartered nonpublic school with a	56326
scholarship paid under section 3310.08 of the Revised Code and who	56327
qualified for the scholarship under section 3310.03 of the Revised	56328
Code;	56329

(g) Enrolled in kindergarten through grade twelve in an	56330
alternative public provider or a registered private provider with	56331
a scholarship awarded under section 3310.41 of the Revised Code;	56332

(h) Enrolled as a preschool child with a disability in an	56333
alternative public provider or a registered private provider with	56334
a scholarship awarded under section 3310.41 of the Revised Code;	56335

(i) Participating in a program operated by a county DD board	56336
or a state institution;	56337

(j) Enrolled in a science, technology, engineering, and	56338
mathematics school established under Chapter 3326. of the Revised	56339
Code, including any participation in a college pursuant to Chapter	56340
3365. of the Revised Code while enrolled in the school;	56341

(k) Enrolled in a college-preparatory boarding school	56342
established under Chapter 3328. of the Revised Code;	56343

(l) Enrolled in an alternative public provider or a	56344
registered private provider with a scholarship awarded under	56345
sections 3310.51 to 3310.64 of the Revised Code.	56346

(4) The number of pupils enrolled in joint vocational	56347
schools;	56348

(5) The combined average daily membership of children with	56349
disabilities reported under division (A)(1) or (2) of this section	56350
receiving special education services for the category one	56351
disability described in division (A) of section 3317.013 of the	56352
Revised Code, including children attending a special education	56353
program operated by an alternative public provider or a registered	56354
private provider with a scholarship awarded under sections 3310.51	56355
to 3310.64 of the Revised Code;	56356

(6) The combined average daily membership of children with	56357
disabilities reported under division (A)(1) or (2) of this section	56358
receiving special education services for category two disabilities	56359
described in division (B) of section 3317.013 of the Revised Code,	56360
including children attending a special education program operated	56361
by an alternative public provider or a registered private provider	56362
with a scholarship awarded under sections 3310.51 to 3310.64 of	56363
the Revised Code;	56364

(7) The combined average daily membership of children with	56365
disabilities reported under division (A)(1) or (2) of this section	56366
receiving special education services for category three	56367
disabilities described in division (C) of section 3317.013 of the	56368
Revised Code, including children attending a special education	56369
program operated by an alternative public provider or a registered	56370
private provider with a scholarship awarded under sections 3310.51	56371
to 3310.64 of the Revised Code;	56372

(8) The combined average daily membership of children with	56373
disabilities reported under division (A)(1) or (2) of this section	56374
receiving special education services for category four	56375
disabilities described in division (D) of section 3317.013 of the	56376
Revised Code, including children attending a special education	56377
program operated by an alternative public provider or a registered	56378
private provider with a scholarship awarded under sections 3310.51	56379
to 3310.64 of the Revised Code;	56380

(9) The combined average daily membership of children with	56381
disabilities reported under division (A)(1) or (2) of this section	56382
receiving special education services for the category five	56383
disabilities described in division (E) of section 3317.013 of the	56384
Revised Code, including children attending a special education	56385
program operated by an alternative public provider or a registered	56386
private provider with a scholarship awarded under sections 3310.51	56387
to 3310.64 of the Revised Code;	56388

(10) The combined average daily membership of children with	56389
disabilities reported under division (A)(1) or (2) and under	56390
division (B)(3)(h) of this section receiving special education	56391
services for category six disabilities described in division (F)	56392
of section 3317.013 of the Revised Code, including children	56393
attending a special education program operated by an alternative	56394
public provider or a registered private provider with a	56395
scholarship awarded under either section 3310.41 or sections	56396
3310.51 to 3310.64 of the Revised Code;	56397

(11) The average daily membership of pupils reported under	56398
division (A)(1) or (2) of this section enrolled in category one	56399
~~vocational~~career-technical education programs or classes,	56400
described in division (A) of section 3317.014 of the Revised Code,	56401
operated by the school district or by another district that is a	56402
member of the district's career-technical planning district, other	56403
than a joint vocational school district, or by an educational	56404
service center, ~~excluding any student reported under division~~	56405
~~(B)(3)(e) of this section as enrolled in an internet- or~~	56406
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	56407
of section 3317.02 of the Revised Code and division (C)(3) of this	56408
section;	56409

(12) The average daily membership of pupils reported under	56410
division (A)(1) or (2) of this section enrolled in category two	56411
~~vocational~~career-technical education programs or services,	56412
described in division (B) of section 3317.014 of the Revised Code,	56413
operated by the school district or another school district that is	56414
a member of the district's career-technical planning district,	56415
other than a joint vocational school district, or by an	56416
educational service center, ~~excluding any student reported under~~	56417
~~division (B)(3)(e) of this section as enrolled in an internet- or~~	56418
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	56419
of section 3317.02 of the Revised Code and division (C)(3) of this	56420
section;	56421

~~Beginning with fiscal year 2010, vocational education ADM~~	56422
~~shall not be used to calculate a district's funding but shall be~~	56423
~~reported under divisions (B)(11) and (12) of this section for~~	56424
~~statistical purposes.~~	56425

(13) The average daily membership of pupils reported under	56426
division (A)(1) or (2) of this section enrolled in category three	56427
career-technical education programs or services, described in	56428
division (C) of section 3317.014 of the Revised Code, operated by	56429
the school district or another school district that is a member of	56430
the district's career-technical planning district, other than a	56431
joint vocational school district, or by an educational service	56432
center, notwithstanding division (H) of section 3317.02 of the	56433
Revised Code and division (C)(3) of this section;	56434

(14) The average daily membership of pupils reported under	56435
division (A)(1) or (2) of this section enrolled in category four	56436
career-technical education programs or services, described in	56437
division (D) of section 3317.014 of the Revised Code, operated by	56438
the school district or another school district that is a member of	56439
the district's career-technical planning district, other than a	56440
joint vocational school district, or by an educational service	56441
center, notwithstanding division (H) of section 3317.02 of the	56442
Revised Code and division (C)(3) of this section;	56443

(15) The average daily membership of pupils reported under	56444
division (A)(1) or (2) of this section enrolled in category five	56445
career-technical education programs or services, described in	56446
division (E) of section 3317.014 of the Revised Code, operated by	56447
the school district or another school district that is a member of	56448
the district's career-technical planning district, other than a	56449
joint vocational school district, or by an educational service	56450
center, notwithstanding division (H) of section 3317.02 of the	56451
Revised Code and division (C)(3) of this section;	56452

(16) The average daily membership of pupils reported under	56453
division (A)(1) or (2) of this section who are limited English	56454
proficient students described in division (A) of section 3317.016	56455
of the Revised Code;	56456

(17) The average daily membership of pupils reported under	56457
division (A)(1) or (2) of this section who are limited English	56458
proficient students described in division (B) of section 3317.016	56459
of the Revised Code;	56460

(18) The average daily membership of pupils reported under	56461
division (A)(1) or (2) of this section who are limited English	56462
proficient students described in division (C) of section 3317.016	56463
of the Revised Code;	56464

(19) The average number of children transported by the school	56465
district on board-owned or contractor-owned and -operated buses,	56466
reported in accordance with rules adopted by the department of	56467
education;	56468

~~(14)~~(20)(a) The number of children, other than preschool	56469
children with disabilities, the district placed with a county DD	56470
board in fiscal year 1998;. Division (B)(20)(a) of this section	56471
does not apply after fiscal year 2013.	56472

(b) The number of children with disabilities, other than	56473
preschool children with disabilities, placed with a county DD	56474
board in the current fiscal year to receive special education	56475
services for the category one disability described in division (A)	56476
of section 3317.013 of the Revised Code;	56477

(c) The number of children with disabilities, other than	56478
preschool children with disabilities, placed with a county DD	56479
board in the current fiscal year to receive special education	56480
services for category two disabilities described in division (B)	56481
of section 3317.013 of the Revised Code;	56482

(d) The number of children with disabilities, other than	56483
preschool children with disabilities, placed with a county DD	56484
board in the current fiscal year to receive special education	56485
services for category three disabilities described in division (C)	56486
of section 3317.013 of the Revised Code;	56487

(e) The number of children with disabilities, other than	56488
preschool children with disabilities, placed with a county DD	56489
board in the current fiscal year to receive special education	56490
services for category four disabilities described in division (D)	56491
of section 3317.013 of the Revised Code;	56492

(f) The number of children with disabilities, other than	56493
preschool children with disabilities, placed with a county DD	56494
board in the current fiscal year to receive special education	56495
services for the category five disabilities described in division	56496
(E) of section 3317.013 of the Revised Code;	56497

(g) The number of children with disabilities, other than	56498
preschool children with disabilities, placed with a county DD	56499
board in the current fiscal year to receive special education	56500
services for category six disabilities described in division (F)	56501
of section 3317.013 of the Revised Code.	56502

(21) The number of students who are economically	56503
disadvantaged, as defined by the department. A student shall not	56504
be categorically excluded from the number reported under division	56505
(B)(21) of this section based on anything other than family	56506
income.	56507

(C)(1) The average daily membership in divisions (B)(1) to	56508
(12) of this section shall be based upon the number of full-time	56509
equivalent students. The state board of education shall adopt	56510
rules defining full-time equivalent students and for determining	56511
the average daily membership therefrom for the purposes of	56512
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	56513
~~in kindergarten shall be counted as one full-time equivalent~~	56514
~~student regardless of whether the student is enrolled in a~~	56515
~~part-day or all-day kindergarten class.~~	56516

(2) A student enrolled in a community school established	56517
under Chapter 3314., a science, technology, engineering, and	56518
mathematics school established under Chapter 3326., or a	56519
college-preparatory boarding school established under Chapter	56520
3328. of the Revised Code shall be counted in the formula ADM and,	56521
if applicable, the category one, two, three, four, five, or six	56522
special education ADM of the school district in which the student	56523
is entitled to attend school under section 3313.64 or 3313.65 of	56524
the Revised Code for the same proportion of the school year that	56525
the student is counted in the enrollment of the community school,	56526
the science, technology, engineering, and mathematics school, or	56527
the college-preparatory boarding school for purposes of section	56528
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	56529
the number of students reported pursuant to division (B)(3)(d),	56530
(e), (j), or (k) of this section, the department may adjust the	56531
formula ADM of a school district to account for students entitled	56532
to attend school in the district under section 3313.64 or 3313.65	56533
of the Revised Code who are enrolled in a community school, a	56534
science, technology, engineering, and mathematics school, or a	56535
college-preparatory boarding school for only a portion of the	56536
school year.	56537

(3) No child shall be counted as more than a total of one	56538
child in the sum of the average daily memberships of a school	56539
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	56540
division (D) of this section, except as follows:	56541

(a) A child with a disability described in section 3317.013	56542
of the Revised Code may be counted both in formula ADM and in	56543
category one, two, three, four, five, or six special education ADM	56544
and, if applicable, in category one or, two ~~vocational~~, three,	56545
four, or five career-technical education ADM. As provided in	56546
division ~~(C)~~(H) of section 3317.02 of the Revised Code, such a	56547
child shall be counted in category one, two, three, four, five, or	56548
six special education ADM in the same proportion that the child is	56549
counted in formula ADM.	56550

(b) A child enrolled in ~~vocational~~career-technical education	56551
programs or classes described in section 3317.014 of the Revised	56552
Code may be counted both in formula ADM and category one or, two	56553
~~vocational~~, three, four, or five career-technical education ADM	56554
and, if applicable, in category one, two, three, four, five, or	56555
six special education ADM. Such a child shall be counted in	56556
category one or, two ~~vocational~~, three, four, or five	56557
career-technical education ADM in the same proportion as the	56558
percentage of time that the child spends in the ~~vocational~~	56559
career-technical education programs or classes.	56560

(4) Based on the information reported under this section, the	56561
department of education shall determine the total student count,	56562
as defined in section 3301.011 of the Revised Code, for each	56563
school district.	56564

(D)(1) The superintendent of each joint vocational school	56565
district shall certify to the superintendent of public instruction	56566
on or before the fifteenth day of ~~October in~~ each ~~year~~month for	56567
the first full school week ~~in October the formula ADM, for~~	56568
~~purposes of section 3318.42 of the Revised Code and for any other~~	56569
~~purpose prescribed by law for which "formula ADM" of the joint~~	56570
~~vocational district is a factor~~of that month the average daily	56571
membership. If a school operated by the joint vocational school	56572
district is closed for one or more days during ~~that~~a week for	56573
which the average daily membership must be certified due to	56574
hazardous weather conditions or other circumstances described in	56575
~~the first paragraph of~~ division ~~(B)~~(A)(1) of section ~~3317.01~~	56576
3313.482 of the Revised Code, the superintendent may apply to the	56577
superintendent of public instruction for a waiver, under which the	56578
superintendent of public instruction may exempt the district	56579
superintendent from certifying the ~~formula ADM~~average daily	56580
membership for that school for that week and specify an alternate	56581
week in the same month for certifying the ~~formula ADM~~average	56582
daily membership of that school.	56583

The ~~formula ADM~~average daily membership, except as otherwise	56584
provided in this division, shall consist of the average daily	56585
membership during ~~such~~a week, on an FTE basis, of the number of	56586
students receiving any educational services from the district,	56587
including students enrolled in a community school established	56588
under Chapter 3314. or a science, technology, engineering, and	56589
mathematics school established under Chapter 3326. of the Revised	56590
Code who are attending the joint vocational district ~~under an~~	56591
~~agreement between the district board of education and the~~	56592
~~governing authority of the community school or the governing body~~	56593
~~of the science, technology, engineering, and mathematics school~~	56594
and are entitled to attend school in a city, local, or exempted	56595
village school district whose territory is part of the territory	56596
of the joint vocational district.	56597

The following categories of students shall not be included in	56598
the determination made under division (D)(1) of this section:	56599

(a) Students enrolled in adult education classes;

56600

(b) Adjacent or other district joint vocational students	56601
enrolled in the district under an open enrollment policy pursuant	56602
to section 3313.98 of the Revised Code;	56603

(c) Students receiving services in the district pursuant to a	56604
compact, cooperative education agreement, or a contract, but who	56605
are entitled to attend school in a city, local, or exempted	56606
village school district whose territory is not part of the	56607
territory of the joint vocational district;	56608

(d) Students for whom tuition is payable pursuant to sections	56609
3317.081 and 3323.141 of the Revised Code.	56610

(2) To enable the department of education to obtain the data	56611
needed to complete the calculation of payments pursuant to this	56612
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	56613
report separately the average daily membership included in the	56614
report under division (D)(1) of this section for each of the	56615
following categories of students for each of the ~~same week~~weeks	56616
for which ~~formula~~ ADM is certified:	56617

(a) Students enrolled in each individual grade included in	56618
the joint vocational district schools;	56619

(b) Children with disabilities receiving special education	56620
services for the category one disability described in division (A)	56621
of section 3317.013 of the Revised Code;	56622

(c) Children with disabilities receiving special education	56623
services for the category two disabilities described in division	56624
(B) of section 3317.013 of the Revised Code;	56625

(d) Children with disabilities receiving special education	56626
services for category three disabilities described in division (C)	56627
of section 3317.013 of the Revised Code;	56628

(e) Children with disabilities receiving special education	56629
services for category four disabilities described in division (D)	56630
of section 3317.013 of the Revised Code;	56631

(f) Children with disabilities receiving special education	56632
services for the category five disabilities described in division	56633
(E) of section 3317.013 of the Revised Code;	56634

(g) Children with disabilities receiving special education	56635
services for category six disabilities described in division (F)	56636
of section 3317.013 of the Revised Code;	56637

(h) Students receiving category one ~~vocational~~	56638
career-technical education services, described in division (A) of	56639
section 3317.014 of the Revised Code;	56640

(i) Students receiving category two ~~vocational~~	56641
career-technical education services, described in division (B) of	56642
section 3317.014 of the Revised Code;	56643

(j) Students receiving category three career-technical	56644
education services, described in division (C) of section 3317.014	56645
of the Revised Code;	56646

(k) Students receiving category four career-technical	56647
education services, described in division (D) of section 3317.014	56648
of the Revised Code;	56649

(l) Students receiving category five career-technical	56650
education services, described in division (E) of section 3317.014	56651
of the Revised Code;	56652

(m) Limited English proficient students described in division	56653
(A) of section 3317.016 of the Revised Code;	56654

(n) Limited English proficient students described in division	56655
(B) of section 3317.016 of the Revised Code;	56656

(o) Limited English proficient students described in division	56657
(C) of section 3317.016 of the Revised Code;	56658

(p) Students who are economically disadvantaged, as defined	56659
by the department. A student shall not be categorically excluded	56660
from the number reported under division (D)(2)(p) of this section	56661
based on anything other than family income.	56662

The superintendent of each joint vocational school district	56663
shall also indicate the city, local, or exempted village school	56664
district in which each joint vocational district pupil is entitled	56665
to attend school pursuant to section 3313.64 or 3313.65 of the	56666
Revised Code.	56667

(E) In each school of each city, local, exempted village,	56668
joint vocational, and cooperative education school district there	56669
shall be maintained a record of school membership, which record	56670
shall accurately show, for each day the school is in session, the	56671
actual membership enrolled in regular day classes. For the purpose	56672
of determining average daily membership, the membership figure of	56673
any school shall not include any pupils except those pupils	56674
described by division (A) of this section. The record of	56675
membership for each school shall be maintained in such manner that	56676
no pupil shall be counted as in membership prior to the actual	56677
date of entry in the school and also in such manner that where for	56678
any cause a pupil permanently withdraws from the school that pupil	56679
shall not be counted as in membership from and after the date of	56680
such withdrawal. There shall not be included in the membership of	56681
any school any of the following:	56682

(1) Any pupil who has graduated from the twelfth grade of a	56683
public or nonpublic high school;	56684

(2) Any pupil who is not a resident of the state;

56685

(3) Any pupil who was enrolled in the schools of the district	56686
during the previous school year when assessments were administered	56687
under section 3301.0711 of the Revised Code but did not take one	56688
or more of the assessments required by that section and was not	56689
excused pursuant to division (C)(1) or (3) of that section;	56690

(4) Any pupil who has attained the age of twenty-two years,	56691
except for veterans of the armed services whose attendance was	56692
interrupted before completing the recognized twelve-year course of	56693
the public schools by reason of induction or enlistment in the	56694
armed forces and who apply for reenrollment in the public school	56695
system of their residence not later than four years after	56696
termination of war or their honorable discharge.	56697

If, however, any veteran described by division (E)(4) of this	56698
section elects to enroll in special courses organized for veterans	56699
for whom tuition is paid under the provisions of federal laws, or	56700
otherwise, that veteran shall not be included in average daily	56701
membership.	56702

Notwithstanding division (E)(3) of this section, the	56703
membership of any school may include a pupil who did not take an	56704
assessment required by section 3301.0711 of the Revised Code if	56705
the superintendent of public instruction grants a waiver from the	56706
requirement to take the assessment to the specific pupil and a	56707
parent is not paying tuition for the pupil pursuant to section	56708
3313.6410 of the Revised Code. The superintendent may grant such a	56709
waiver only for good cause in accordance with rules adopted by the	56710
state board of education.	56711

Except as provided in divisions (B)(2) and (F) of this	56712
section, the average daily membership figure of any local, city,	56713
exempted village, or joint vocational school district shall be	56714
determined by dividing the figure representing the sum of the	56715
number of pupils enrolled during each day the school of attendance	56716
is actually open for instruction during the week for which the	56717
average daily membership is being certified by the total number of	56718
days the school was actually open for instruction during that	56719
week. For purposes of state funding, "enrolled" persons are only	56720
those pupils who are attending school, those who have attended	56721
school during the current school year and are absent for	56722
authorized reasons, and those children with disabilities currently	56723
receiving home instruction.	56724

The average daily membership figure of any cooperative	56725
education school district shall be determined in accordance with	56726
rules adopted by the state board of education.	56727

(F)(1) ~~If the formula ADM for the first full school week in~~	56728
~~February is at least three per cent greater than that certified~~	56729
~~for the first full school week in the preceding October, the~~	56730
~~superintendent of schools of any city, exempted village, or joint~~	56731
~~vocational school district or educational service center shall~~	56732
~~certify such increase to the superintendent of public instruction.~~	56733
~~Such certification shall be submitted no later than the fifteenth~~	56734
~~day of February. For the balance of the fiscal year, beginning~~	56735
~~with the February payments, the superintendent of public~~	56736
~~instruction shall use the increased formula ADM in calculating or~~	56737
~~recalculating the amounts to be allocated in accordance with~~	56738
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	56739
~~the superintendent use an increased membership certified to the~~	56740
~~superintendent after the fifteenth day of February. Division~~	56741
~~(F)(1) of this section does not apply after fiscal year 2006.~~	56742

~~(2) If on the first school day of April the total number of~~	56743
~~classes or units for preschool children with disabilities that are~~	56744
~~eligible for approval under division (B) of section 3317.05 of the~~	56745
~~Revised Code exceeds the number of units that have been approved~~	56746
~~for the year under that division, the superintendent of schools of~~	56747
~~any city, exempted village, or cooperative education school~~	56748
~~district or educational service center shall make the~~	56749
~~certifications required by this section for that day. If the~~	56750
~~department determines additional units can be approved for the~~	56751
~~fiscal year within any limitations set forth in the acts~~	56752
~~appropriating moneys for the funding of such units, the department~~	56753
~~shall approve additional units for the fiscal year on the basis of~~	56754
~~such average daily membership. For each unit so approved, the~~	56755
~~department shall pay an amount computed in the manner prescribed~~	56756
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	56757
~~Code.~~	56758

~~(3)~~ If a student attending a community school under Chapter	56759
3314., a science, technology, engineering, and mathematics school	56760
established under Chapter 3326., or a college-preparatory boarding	56761
school established under Chapter 3328. of the Revised Code is not	56762
included in the formula ADM certified for the school district in	56763
which the student is entitled to attend school under section	56764
3313.64 or 3313.65 of the Revised Code, the department of	56765
education shall adjust the formula ADM of that school district to	56766
include the student in accordance with division (C)(2) of this	56767
section, and shall recalculate the school district's payments	56768
under this chapter for the entire fiscal year on the basis of that	56769
adjusted formula ADM. This requirement applies regardless of	56770
whether the student was enrolled, as defined in division (E) of	56771
this section, in the community school, the science, technology,	56772
engineering, and mathematics school, or the college-preparatory	56773
boarding school during the ~~week~~weeks for which the formula ADM is	56774
being certified.	56775

~~(4)~~(2) If a student awarded an educational choice scholarship	56776
is not included in the formula ADM of the school district from	56777
which the department deducts funds for the scholarship under	56778
section 3310.08 of the Revised Code, the department shall adjust	56779
the formula ADM of that school district to include the student to	56780
the extent necessary to account for the deduction, and shall	56781
recalculate the school district's payments under this chapter for	56782
the entire fiscal year on the basis of that adjusted formula ADM.	56783
This requirement applies regardless of whether the student was	56784
enrolled, as defined in division (E) of this section, in the	56785
chartered nonpublic school, the school district, or a community	56786
school during the ~~week~~weeks for which the formula ADM is being	56787
certified.	56788

~~(5)~~(3) If a student awarded a scholarship under the Jon	56789
Peterson special needs scholarship program is not included in the	56790
formula ADM of the school district from which the department	56791
deducts funds for the scholarship under section 3310.55 of the	56792
Revised Code, the department shall adjust the formula ADM of that	56793
school district to include the student to the extent necessary to	56794
account for the deduction, and shall recalculate the school	56795
district's payments under this chapter for the entire fiscal year	56796
on the basis of that adjusted formula ADM. This requirement	56797
applies regardless of whether the student was enrolled, as defined	56798
in division (E) of this section, in an alternative public	56799
provider, a registered private provider, or the school district	56800
during the ~~week~~weeks for which the formula ADM is being	56801
certified.	56802

(G)(1)(a) The superintendent of an institution operating a	56803
special education program pursuant to section 3323.091 of the	56804
Revised Code shall, for the programs under such superintendent's	56805
supervision, certify to the state board of education, in the	56806
manner prescribed by the superintendent of public instruction,	56807
both of the following:	56808

(i) The average daily membership of all children with	56809
disabilities other than preschool children with disabilities	56810
receiving services at the institution for each category of	56811
disability described in divisions (A) to (F) of section 3317.013	56812
of the Revised Code;	56813

(ii) The average daily membership of all preschool children	56814
with disabilities in classes or programs ~~approved annually by the~~	56815
~~department of education for unit~~for whom the district is eligible	56816
to receive funding under section ~~3317.05~~3317.0213 of the Revised	56817
Code, reported according to the categories prescribed in section	56818
3317.013 of the Revised Code.	56819

(b) The superintendent of an institution with ~~vocational~~	56820
career-technical education units approved under ~~division (A) of~~	56821
section 3317.05 of the Revised Code shall, for the units under the	56822
superintendent's supervision, certify to the state board of	56823
education the average daily membership in those units, in the	56824
manner prescribed by the superintendent of public instruction.	56825

(2) The superintendent of each county DD board that maintains	56826
special education classes under section 3317.20 of the Revised	56827
Code or ~~units approved~~provides services to preschool children	56828
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	56829
an agreement between the DD board and the appropriate school	56830
district shall do both of the following:	56831

(a) Certify to the state board, in the manner prescribed by	56832
the board, the average daily membership in classes under section	56833
3317.20 of the Revised Code for each school district that has	56834
placed children in the classes;	56835

(b) Certify to the state board, in the manner prescribed by	56836
the board, the number of all preschool children with disabilities	56837
enrolled as of the first day of December in classes for which the	56838
DD board is eligible ~~for approval~~to receive funding under	56839
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	56840
reported according to the categories prescribed in section	56841
3317.013 of the Revised Code, and the number of those classes.	56842

~~(3)(a) If on the first school day of April the number of~~	56843
~~classes or units maintained for preschool children with~~	56844
~~disabilities by the county DD board that are eligible for approval~~	56845
~~under division (B) of section 3317.05 of the Revised Code is~~	56846
~~greater than the number of units approved for the year under that~~	56847
~~division, the superintendent shall make the certification required~~	56848
~~by this section for that day.~~	56849

~~(b) If the department determines that additional classes or~~	56850
~~units can be approved for the fiscal year within any limitations~~	56851
~~set forth in the acts appropriating moneys for the funding of the~~	56852
~~classes and units described in division (G)(3)(a) of this section,~~	56853
~~the department shall approve and fund additional units for the~~	56854
~~fiscal year on the basis of such average daily membership. For~~	56855
~~each unit so approved, the department shall pay an amount computed~~	56856
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	56857
~~Revised Code.~~	56858

(H) Except as provided in division (I) of this section, when	56859
any city, local, or exempted village school district provides	56860
instruction for a nonresident pupil whose attendance is	56861
unauthorized attendance as defined in section 3327.06 of the	56862
Revised Code, that pupil's membership shall not be included in	56863
that district's membership figure used in the calculation of that	56864
district's formula ADM or included in the determination of any	56865
~~unit~~funding approved for the district under section ~~3317.05~~	56866
3317.0213 of the Revised Code. The reporting official shall report	56867
separately the average daily membership of all pupils whose	56868
attendance in the district is unauthorized attendance, and the	56869
membership of each such pupil shall be credited to the school	56870
district in which the pupil is entitled to attend school under	56871
division (B) of section 3313.64 or section 3313.65 of the Revised	56872
Code as determined by the department of education.	56873

(I)(1) A city, local, exempted village, or joint vocational	56874
school district admitting a scholarship student of a pilot project	56875
district pursuant to division (C) of section 3313.976 of the	56876
Revised Code may count such student in its average daily	56877
membership.	56878

(2) In any year for which funds are appropriated for pilot	56879
project scholarship programs, a school district implementing a	56880
state-sponsored pilot project scholarship program that year	56881
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	56882
count in average daily membership:	56883

(a) All children residing in the district and utilizing a	56884
scholarship to attend kindergarten in any alternative school, as	56885
defined in section 3313.974 of the Revised Code;	56886

(b) All children who were enrolled in the district in the	56887
preceding year who are utilizing a scholarship to attend an	56888
alternative school.	56889

(J) The superintendent of each cooperative education school	56890
district shall certify to the superintendent of public	56891
instruction, in a manner prescribed by the state board of	56892
education, the applicable average daily memberships for all	56893
students in the cooperative education district, also indicating	56894
the city, local, or exempted village district where each pupil is	56895
entitled to attend school under section 3313.64 or 3313.65 of the	56896
Revised Code.	56897

(K) If the superintendent of public instruction determines	56898
that a component of the average daily membership certified or	56899
reported by a district superintendent, or other reporting entity,	56900
is not correct, the superintendent of public instruction may order	56901
that the formula ADM used for the purposes of payments under any	56902
section of Title XXXIII of the Revised Code be adjusted in the	56903
amount of the error.	56904

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	56905
cooperative education school district, each educational service	56906
center, each county DD board, and each institution operating a	56907
special education program pursuant to section 3323.091 of the	56908
Revised Code shall, in accordance with procedures adopted by the	56909
state board of education, maintain a record of district membership	56910
of ~~both of the following:~~	56911

~~(1) All preschool children with disabilities in units~~	56912
~~approved under division (B) of section 3317.05 of the Revised~~	56913
~~Code;~~	56914

~~(2) All~~all preschool children with disabilities ~~who are not~~	56915
~~in units approved under division (B) of section 3317.05 of the~~	56916
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	56917
program.	56918

~~(B) The superintendent of each district, board, or~~	56919
~~institution subject to division (A) of this section shall certify~~	56920
~~to the state board of education, in accordance with procedures~~	56921
~~adopted by that board, membership figures of all preschool~~	56922
~~children with disabilities whose membership is maintained under~~	56923
~~division (A)(2) of this section. The figures certified under this~~	56924
~~division shall be used in the determination of the ADM used to~~	56925
~~compute funds for educational service center governing boards~~	56926
~~under section 3317.11 of the Revised Code.~~	56927

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	56928
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	56929
department of education shall determine for each institution, by	56930
the last day of January of each year and based on information	56931
certified under section 3317.03 of the Revised Code, the number of	56932
~~vocational~~career-technical education units or fractions of units	56933
approved by the department on the basis of standards and rules	56934
adopted by the state board of education. As used in this ~~division~~	56935
section, "institution" means an institution operated by a	56936
department specified in section 3323.091 of the Revised Code and	56937
that provides ~~vocational~~career-technical education programs under	56938
the supervision of the division of ~~vocational~~career-technical	56939
education of the department that meet the standards and rules for	56940
these programs, including licensure of professional staff involved	56941
in the programs, as established by the state board.	56942

(B) ~~For the purpose of calculating payments under sections~~	56943
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	56944
~~department shall determine, based on information certified under~~	56945
~~section 3317.03 of the Revised Code, the following by the last day~~	56946
~~of January of each year for each educational service center, for~~	56947
~~each school district, including each cooperative education school~~	56948
~~district, for each institution eligible for payment under section~~	56949
~~3323.091 of the Revised Code, and for each county DD board: the~~	56950
~~number of classes operated by the school district, service center,~~	56951
~~institution, or county DD board for preschool children with~~	56952
~~disabilities, or fraction thereof, including in the case of a~~	56953
~~district or service center that is a funding agent, classes taught~~	56954
~~by a licensed teacher employed by that district or service center~~	56955
~~under section 3313.841 of the Revised Code, approved annually by~~	56956
~~the department on the basis of standards and rules adopted by the~~	56957
~~state board.~~	56958

~~(C) For the purpose of calculating payments under sections~~	56959
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	56960
~~department shall determine, based on information certified under~~	56961
~~section 3317.03 of the Revised Code, the following by the last day~~	56962
~~of January of each year for each school district, including each~~	56963
~~cooperative education school district, for each institution~~	56964
~~eligible for payment under section 3323.091 of the Revised Code,~~	56965
~~and for each county DD board: the number of units for related~~	56966
~~services, as defined in section 3323.01 of the Revised Code, for~~	56967
~~preschool children with disabilities approved annually by the~~	56968
~~department on the basis of standards and rules adopted by the~~	56969
~~state board.~~	56970

~~(D)~~ All of the arithmetical calculations made under this	56971
section shall be carried to the second decimal place. The total	56972
number of units for ~~school districts, service centers, and~~	56973
institutions approved annually under this section shall not exceed	56974
the number of units included in the estimate of cost for these	56975
units and appropriations made for them by the general assembly.	56976

~~In the case of units for preschool children with disabilities~~	56977
~~described in division (B) of this section, the department shall~~	56978
~~approve only preschool units for children who are under age six on~~	56979
~~the thirtieth day of September of the academic year, or on the~~	56980
~~first day of August of the academic year if the school district in~~	56981
~~which the child is enrolled has adopted a resolution under~~	56982
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	56983
~~less than age three on the first day of December of the academic~~	56984
~~year, except that such a unit may include one or more children who~~	56985
~~are under age three or are age six or over on the applicable date,~~	56986
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	56987
~~of the Revised Code, if such children have been admitted to the~~	56988
~~unit pursuant to rules of the state board. The number of units for~~	56989
~~county DD boards and institutions eligible for payment under~~	56990
~~section 3323.091 of the Revised Code approved under this section~~	56991
~~shall not exceed the number that can be funded with appropriations~~	56992
~~made for such purposes by the general assembly.~~	56993

~~No unit shall be approved under divisions (B) and (C) of this~~	56994
~~section unless a plan has been submitted and approved under~~	56995
~~Chapter 3323. of the Revised Code.~~	56996

(C) The department shall pay each institution approved for	56997
career-technical education units under division (A) of this	56998
section an amount for the total of all the units approved under	56999
that division. The amount for each unit shall be the sum of the	57000
minimum salary for the teacher of the unit, calculated on the	57001
basis of the teacher's training level and years of experience	57002
pursuant to the salary schedule prescribed in the version of	57003
section 3317.13 of the Revised Code in effect prior to July 1,	57004
2001, plus fifteen per cent of that minimum salary amount, and	57005
nine thousand five hundred ten dollars. Each institution that	57006
receives unit funds under this division annually shall report to	57007
the department on the delivery of services and the performance of	57008
students and any other information required by the department to	57009
evaluate the institution's career-technical education program.	57010

(D) For each unit allocated to an institution pursuant to	57011
division (A) of this section, the department, in addition to the	57012
amount specified in division (B) of this section, shall pay a	57013
supplemental unit allowance of $7,227.	57014

Sec. 3317.051. (A) As used in this section, "gifted unit	57015
ADM" means a school district's formula ADM minus the number of	57016
students reported by a district under divisions (A)(2)(a) and (i)	57017
of section 3317.03 of the Revised Code.	57018

(B) The department of education shall compute and pay to a	57019
school district funds based on units for services to students	57020
identified as gifted under Chapter 3324. of the Revised Code as	57021
prescribed by this section.	57022

(C) The department shall allocate gifted units for a school	57023
district as follows:	57024

(1) One gifted coordinator unit shall be allocated for every	57025
3,300 students in a district's gifted unit ADM, with a minimum of	57026
0.5 units and a maximum of 8 units allocated for the district.	57027

(2) One gifted intervention specialist unit shall be	57028
allocated for every 1,100 students in a district's gifted unit	57029
ADM, with a minimum of 0.3 units allocated for the district.	57030

(D) The department shall pay the following amount to a school	57031
district for gifted units:	57032

(1) In fiscal year 2014, $37,000 multiplied by the number of	57033
units allocated to a school district under division (C) of this	57034
section;	57035

(2) In fiscal year 2015, $37,370 multiplied by the number of	57036
units allocated to a school district under division (C) of this	57037
section.	57038

A school district shall use the funds it receives for units	57039
allocated under division (C)(1) of this section only for gifted	57040
coordinator services as prescribed by the department. Qualified	57041
personnel shall be employed by the district for this purpose on a	57042
full-time equivalency basis that corresponds to the number of	57043
units allocated to the district under division (C)(1) of this	57044
section.	57045

A school district shall use the funds it receives for units	57046
allocated under division (C)(2) of this section only for gifted	57047
intervention specialist services as prescribed by the department.	57048
Qualified personnel shall be employed by the district for this	57049
purpose on a full-time equivalency basis that corresponds to the	57050
number of units allocated to the district under division (C)(2) of	57051
this section.	57052

(E) A school district may assign gifted unit funding that it	57053
receives under division (D) of this section to another school	57054
district, an educational service center, a community school, or a	57055
STEM school as part of an arrangement to provide services to the	57056
district as follows:	57057

(1) Funds received for units allocated under division (C)(1)	57058
of this section may be assigned to a district, service center, or	57059
school that employs qualified gifted coordinators;	57060

(2) Funds received for units allocated under division (C)(2)	57061
of this section may be assigned to a district, service center, or	57062
school that employs qualified gifted intervention specialists.	57063

Sec. 3317.06. Moneys paid to school districts under division	57064
(E) of section 3317.024 of the Revised Code shall be used for the	57065
following independent and fully severable purposes:	57066

(A) To purchase such secular textbooks or ~~electronic~~	57067
~~textbooks~~digital texts as have been approved by the	57068
superintendent of public instruction for use in public schools in	57069
the state and to loan such textbooks or ~~electronic textbooks~~	57070
digital texts to pupils attending nonpublic schools within the	57071
district or to their parents and to hire clerical personnel to	57072
administer such lending program. Such loans shall be based upon	57073
individual requests submitted by such nonpublic school pupils or	57074
parents. Such requests shall be submitted to the school district	57075
in which the nonpublic school is located. Such individual requests	57076
for the loan of textbooks or ~~electronic textbooks~~digital texts	57077
shall, for administrative convenience, be submitted by the	57078
nonpublic school pupil or the pupil's parent to the nonpublic	57079
school, which shall prepare and submit collective summaries of the	57080
individual requests to the school district. As used in this	57081
section:	57082

(1) "Textbook" means any book or book substitute that a pupil	57083
uses as a consumable or nonconsumable text, text substitute, or	57084
text supplement in a particular class or program in the school the	57085
pupil regularly attends.	57086

(2) ~~"Electronic textbook"~~"Digital text" means ~~any~~a	57087
consumable book or book substitute that a student accesses through	57088
the use of a computer or other electronic medium or that is	57089
available through an internet-based provider of course content, or	57090
any other material that contributes to the learning process	57091
through electronic means.	57092

(B) To provide speech and hearing diagnostic services to	57093
pupils attending nonpublic schools within the district. Such	57094
service shall be provided in the nonpublic school attended by the	57095
pupil receiving the service.	57096

(C) To provide physician, nursing, dental, and optometric	57097
services to pupils attending nonpublic schools within the	57098
district. Such services shall be provided in the school attended	57099
by the nonpublic school pupil receiving the service.	57100

(D) To provide diagnostic psychological services to pupils	57101
attending nonpublic schools within the district. Such services	57102
shall be provided in the school attended by the pupil receiving	57103
the service.	57104

(E) To provide therapeutic psychological and speech and	57105
hearing services to pupils attending nonpublic schools within the	57106
district. Such services shall be provided in the public school, in	57107
nonpublic schools, in public centers, or in mobile units located	57108
on or off of the nonpublic premises. If such services are provided	57109
in the public school or in public centers, transportation to and	57110
from such facilities shall be provided by the school district in	57111
which the nonpublic school is located.	57112

(F) To provide guidance, counseling, and social work services	57113
to pupils attending nonpublic schools within the district. Such	57114
services shall be provided in the public school, in nonpublic	57115
schools, in public centers, or in mobile units located on or off	57116
of the nonpublic premises. If such services are provided in the	57117
public school or in public centers, transportation to and from	57118
such facilities shall be provided by the school district in which	57119
the nonpublic school is located.	57120

(G) To provide remedial services to pupils attending	57121
nonpublic schools within the district. Such services shall be	57122
provided in the public school, in nonpublic schools, in public	57123
centers, or in mobile units located on or off of the nonpublic	57124
premises. If such services are provided in the public school or in	57125
public centers, transportation to and from such facilities shall	57126
be provided by the school district in which the nonpublic school	57127
is located.	57128

(H) To supply for use by pupils attending nonpublic schools	57129
within the district such standardized tests and scoring services	57130
as are in use in the public schools of the state;	57131

(I) To provide programs for children who attend nonpublic	57132
schools within the district and are children with disabilities as	57133
defined in section 3323.01 of the Revised Code or gifted children.	57134
Such programs shall be provided in the public school, in nonpublic	57135
schools, in public centers, or in mobile units located on or off	57136
of the nonpublic premises. If such programs are provided in the	57137
public school or in public centers, transportation to and from	57138
such facilities shall be provided by the school district in which	57139
the nonpublic school is located.	57140

(J) To hire clerical personnel to assist in the	57141
administration of programs pursuant to divisions (B), (C), (D),	57142
(E), (F), (G), and (I) of this section and to hire supervisory	57143
personnel to supervise the providing of services and textbooks	57144
pursuant to this section.	57145

(K) To purchase or lease any secular, neutral, and	57146
nonideological computer application software designed to assist	57147
students in performing a single task or multiple related tasks,	57148
device management software, learning management software,	57149
site-licensing, digital video on demand (DVD), wide area	57150
connectivity and related technology as it relates to internet	57151
access, mathematics or science equipment and materials,	57152
instructional materials, and school library materials that are in	57153
general use in the public schools of the state and loan such items	57154
to pupils attending nonpublic schools within the district or to	57155
their parents, and to hire clerical personnel to administer the	57156
lending program. Only such items that are incapable of diversion	57157
to religious use and that are susceptible of loan to individual	57158
pupils and are furnished for the use of individual pupils shall be	57159
purchased and loaned under this division. As used in this section,	57160
"instructional materials" means prepared learning materials that	57161
are secular, neutral, and nonideological in character and are of	57162
benefit to the instruction of school children~~, and may include~~	57163
~~educational resources and services developed by the eTech Ohio~~	57164
~~commission~~.	57165

Mobile applications that are secular, neutral, and	57166
nonideological in character and that are purchased for less than	57167
ten dollars for instructional use shall be considered to be	57168
consumable and shall be distributed to students without the	57169
expectation that the applications must be returned.	57170

(L) To purchase or lease instructional equipment, including	57171
computer hardware and related equipment in general use in the	57172
public schools of the state, for use by pupils attending nonpublic	57173
schools within the district and to loan such items to pupils	57174
attending nonpublic schools within the district or to their	57175
parents, and to hire clerical personnel to administer the lending	57176
program. "Computer hardware and related equipment" includes	57177
desktop computers and workstations; laptop computers, computer	57178
tablets, and other mobile handheld devices; and their operating	57179
systems and accessories.	57180

(M) To purchase mobile units to be used for the provision of	57181
services pursuant to divisions (E), (F), (G), and (I) of this	57182
section and to pay for necessary repairs and operating costs	57183
associated with these units.	57184

(N) To reimburse costs the district incurred to store the	57185
records of a chartered nonpublic school that closes.	57186
Reimbursements under this division shall be made one time only for	57187
each chartered nonpublic school that closes.	57188

(O) To purchase life-saving medical or other emergency	57189
equipment for placement in nonpublic schools within the district	57190
or to maintain such equipment.	57191

Clerical and supervisory personnel hired pursuant to division	57192
(J) of this section shall perform their services in the public	57193
schools, in nonpublic schools, public centers, or mobile units	57194
where the services are provided to the nonpublic school pupil,	57195
except that such personnel may accompany pupils to and from the	57196
service sites when necessary to ensure the safety of the children	57197
receiving the services.	57198

All services provided pursuant to this section may be	57199
provided under contract with educational service centers, the	57200
department of health, city or general health districts, or private	57201
agencies whose personnel are properly licensed by an appropriate	57202
state board or agency.	57203

Transportation of pupils provided pursuant to divisions (E),	57204
(F), (G), and (I) of this section shall be provided by the school	57205
district from its general funds and not from moneys paid to it	57206
under division (E) of section 3317.024 of the Revised Code unless	57207
a special transportation request is submitted by the parent of the	57208
child receiving service pursuant to such divisions. If such an	57209
application is presented to the school district, it may pay for	57210
the transportation from moneys paid to it under division (E) of	57211
section 3317.024 of the Revised Code.	57212

No school district shall provide health or remedial services	57213
to nonpublic school pupils as authorized by this section unless	57214
such services are available to pupils attending the public schools	57215
within the district.	57216

Materials, equipment, computer hardware or software,	57217
textbooks, ~~electronic textbooks~~digital texts, and health and	57218
remedial services provided for the benefit of nonpublic school	57219
pupils pursuant to this section and the admission of pupils to	57220
such nonpublic schools shall be provided without distinction as to	57221
race, creed, color, or national origin of such pupils or of their	57222
teachers.	57223

No school district shall provide services, materials, or	57224
equipment that contain religious content for use in religious	57225
courses, devotional exercises, religious training, or any other	57226
religious activity.	57227

As used in this section, "parent" includes a person standing	57228
in loco parentis to a child.	57229

Notwithstanding section 3317.01 of the Revised Code, payments	57230
shall be made under this section to any city, local, or exempted	57231
village school district within which is located one or more	57232
nonpublic elementary or high schools and any payments made to	57233
school districts under division (E) of section 3317.024 of the	57234
Revised Code for purposes of this section may be disbursed without	57235
submission to and approval of the controlling board.	57236

The allocation of payments for materials, equipment,	57237
textbooks, ~~electronic textbooks~~digital texts, health services,	57238
and remedial services to city, local, and exempted village school	57239
districts shall be on the basis of the state board of education's	57240
estimated annual average daily membership in nonpublic elementary	57241
and high schools located in the district.	57242

Payments made to city, local, and exempted village school	57243
districts under this section shall be equal to specific	57244
appropriations made for the purpose. All interest earned by a	57245
school district on such payments shall be used by the district for	57246
the same purposes and in the same manner as the payments may be	57247
used.	57248

The department of education shall adopt guidelines and	57249
procedures under which such programs and services shall be	57250
provided, under which districts shall be reimbursed for	57251
administrative costs incurred in providing such programs and	57252
services, and under which any unexpended balance of the amounts	57253
appropriated by the general assembly to implement this section may	57254
be transferred to the auxiliary services personnel unemployment	57255
compensation fund established pursuant to section 4141.47 of the	57256
Revised Code. The department shall also adopt guidelines and	57257
procedures limiting the purchase and loan of the items described	57258
in division (K) of this section to items that are in general use	57259
in the public schools of the state, that are incapable of	57260
diversion to religious use, and that are susceptible to individual	57261
use rather than classroom use. Within thirty days after the end of	57262
each biennium, each board of education shall remit to the	57263
department all moneys paid to it under division (E) of section	57264
3317.024 of the Revised Code and any interest earned on those	57265
moneys that are not required to pay expenses incurred under this	57266
section during the biennium for which the money was appropriated	57267
and during which the interest was earned. If a board of education	57268
subsequently determines that the remittal of moneys leaves the	57269
board with insufficient money to pay all valid expenses incurred	57270
under this section during the biennium for which the remitted	57271
money was appropriated, the board may apply to the department of	57272
education for a refund of money, not to exceed the amount of the	57273
insufficiency. If the department determines the expenses were	57274
lawfully incurred and would have been lawful expenditures of the	57275
refunded money, it shall certify its determination and the amount	57276
of the refund to be made to the director of job and family	57277
services who shall make a refund as provided in section 4141.47 of	57278
the Revised Code.	57279

Each school district shall label materials, equipment,	57280
computer hardware or software, textbooks, and ~~electronic textbooks~~	57281
digital texts purchased or leased for loan to a nonpublic school	57282
under this section, acknowledging that they were purchased or	57283
leased with state funds under this section. However, a district	57284
need not label materials, equipment, computer hardware or	57285
software, textbooks, or ~~electronic textbooks~~digital texts that	57286
the district determines are consumable in nature or have a value	57287
of less than two hundred dollars.	57288

Sec. 3317.063. The superintendent of public instruction, in	57289
accordance with rules adopted by the department of education,	57290
shall annually reimburse each chartered nonpublic school for the	57291
actual mandated service administrative and clerical costs incurred	57292
by such school during the preceding school year in preparing,	57293
maintaining, and filing reports, forms, and records, and in	57294
providing such other administrative and clerical services that are	57295
not an integral part of the teaching process as may be required by	57296
state law or rule or by requirements duly promulgated by city,	57297
exempted village, or local school districts. The mandated service	57298
costs reimbursed pursuant to this section shall include, but are	57299
not limited to, the preparation, filing and maintenance of forms,	57300
reports, or records and other clerical and administrative services	57301
relating to state chartering or approval of the nonpublic school,	57302
pupil attendance, pupil health and health testing, transportation	57303
of pupils, federally funded education programs, pupil appraisal,	57304
pupil progress, educator licensure, unemployment and workers'	57305
compensation, transfer of pupils, and such other education related	57306
data which are now or hereafter shall be required of such	57307
nonpublic school by state law or rule, or by requirements of the	57308
state department of education, other state agencies, or city,	57309
exempted village, or local school districts.	57310

The reimbursement required by this section shall be for	57311
school years beginning on or after July 1, 1981.	57312

Each nonpublic school which seeks reimbursement pursuant to	57313
this section shall submit to the superintendent of public	57314
instruction an application together with such additional reports	57315
and documents as the department of education may require. Such	57316
application, reports, and documents shall contain such information	57317
as the department of education may prescribe in order to carry out	57318
the purposes of this section. No payment shall be made until the	57319
superintendent of public instruction has approved such	57320
application.	57321

Each nonpublic school which applies for reimbursement	57322
pursuant to this section shall maintain a separate account or	57323
system of accounts for the expenses incurred in rendering the	57324
required services for which reimbursement is sought. Such accounts	57325
shall contain such information as is required by the department of	57326
education and shall be maintained in accordance with rules adopted	57327
by the department of education.	57328

Reimbursement payments to a nonpublic school pursuant to this	57329
section shall not exceed an amount for each school year equal to	57330
three hundred ~~twenty-five~~sixty dollars per pupil enrolled in that	57331
nonpublic school.	57332

The superintendent of public instruction may, from time to	57333
time, examine any and all accounts and records of a nonpublic	57334
school which have been maintained pursuant to this section in	57335
support of an application for reimbursement, for the purpose of	57336
determining the costs to such school of rendering the services for	57337
which reimbursement is sought. If after such audit it is	57338
determined that any school has received funds in excess of the	57339
actual cost of providing such services, said school shall	57340
immediately reimburse the state in such excess amount.	57341

Any payments made to chartered nonpublic schools under this	57342
section may be disbursed without submission to and approval of the	57343
controlling board.	57344

Sec. 3317.08. A board of education may admit to its schools	57345
a child it is not required by section 3313.64 or 3313.65 of the	57346
Revised Code to admit, if tuition is paid for the child.	57347

Unless otherwise provided by law, tuition shall be computed	57348
in accordance with this section. A district's tuition charge for a	57349
school year shall be one of the following:	57350

(A) For any child, except a preschool child with a disability	57351
described in division (B) of this section, the quotient obtained	57352
by dividing the sum of the amounts described in divisions (A)(1)	57353
and (2) of this section by the district's formula ADM.	57354

(1) The district's total taxes charged and payable for	57355
current expenses for the tax year preceding the tax year in which	57356
the school year begins as certified under division (A)(3) of	57357
section 3317.021 of the Revised Code.	57358

(2) The district's total taxes collected for current expenses	57359
under a school district income tax adopted pursuant to section	57360
5748.03, 5748.08, or 5748.09 of the Revised Code that are	57361
disbursed to the district during the fiscal year, excluding any	57362
income tax receipts allocated for the project cost, debt service,	57363
or maintenance set-aside associated with a state-assisted	57364
classroom facilities project as authorized by section 3318.052 of	57365
the Revised Code. On or before the first day of June of each year,	57366
the tax commissioner shall certify the amount to be used in the	57367
calculation under this division for the next fiscal year to the	57368
department of education and the office of budget and management	57369
for each city, local, and exempted village school district that	57370
levies a school district income tax.	57371

(B) For any preschool child with a disability ~~not included in~~	57372
~~a unit approved under division (B) of section 3317.05 of the~~	57373
~~Revised Code~~, an amount computed for the school year as follows:	57374

(1) For each type of special education service provided to	57375
the child for whom tuition is being calculated, determine the	57376
amount of the district's operating expenses in providing that type	57377
of service to all preschool children with disabilities ~~not~~	57378
~~included in units approved under division (B) of section 3317.05~~	57379
~~of the Revised Code~~;	57380

(2) For each type of special education service for which	57381
operating expenses are determined under division (B)(1) of this	57382
section, determine the amount of such operating expenses that was	57383
paid from any state funds received under this chapter;	57384

(3) For each type of special education service for which	57385
operating expenses are determined under division (B)(1) of this	57386
section, divide the difference between the amount determined under	57387
division (B)(1) of this section and the amount determined under	57388
division (B)(2) of this section by the total number of preschool	57389
children with disabilities ~~not included in units approved under~~	57390
~~division (B) of section 3317.05 of the Revised Code~~ who received	57391
that type of service;	57392

(4) Determine the sum of the quotients obtained under	57393
division (B)(3) of this section for all types of special education	57394
services provided to the child for whom tuition is being	57395
calculated.	57396

The state board of education shall adopt rules defining the	57397
types of special education services and specifying the operating	57398
expenses to be used in the computation under this section.	57399

If any child for whom a tuition charge is computed under this	57400
section for any school year is enrolled in a district for only	57401
part of that school year, the amount of the district's tuition	57402
charge for the child for the school year shall be computed in	57403
proportion to the number of school days the child is enrolled in	57404
the district during the school year.	57405

Except as otherwise provided in division (J) of section	57406
3313.64 of the Revised Code, whenever a district admits a child to	57407
its schools for whom tuition computed in accordance with this	57408
section is an obligation of another school district, the amount of	57409
the tuition shall be certified by the treasurer of the board of	57410
education of the district of attendance, to the board of education	57411
of the district required to pay tuition for its approval and	57412
payment. If agreement as to the amount payable or the district	57413
required to pay the tuition cannot be reached, or the board of	57414
education of the district required to pay the tuition refuses to	57415
pay that amount, the board of education of the district of	57416
attendance shall notify the superintendent of public instruction.	57417
The superintendent shall determine the correct amount and the	57418
district required to pay the tuition and shall deduct that amount,	57419
if any, under division (D) of section 3317.023 of the Revised	57420
Code, from the district required to pay the tuition and add that	57421
amount to the amount allocated to the district attended under such	57422
division. The superintendent of public instruction shall send to	57423
the district required to pay the tuition an itemized statement	57424
showing such deductions at the time of such deduction.	57425

When a political subdivision owns and operates an airport,	57426
welfare, or correctional institution or other project or facility	57427
outside its corporate limits, the territory within which the	57428
facility is located is exempt from taxation by the school district	57429
within which such territory is located, and there are school age	57430
children residing within such territory, the political subdivision	57431
owning such tax exempt territory shall pay tuition to the district	57432
in which such children attend school. The tuition for these	57433
children shall be computed as provided for in this section.	57434

Sec. 3317.10. (A) On or before the first day of March of	57435
each year, the department of job and family services shall certify	57436
to the state board of education the unduplicated number of	57437
children ages five through seventeen residing in each school	57438
district and living in a family that, during the preceding	57439
October, participated in Ohio works first.	57440

The department of job and family services shall certify this	57441
information according to the school district of residence for each	57442
child. ~~Except as provided under division (B) of this section, the~~	57443
~~number of children so certified in any year shall be used by the~~	57444
~~department of education in calculating the distribution of moneys~~	57445
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	57446
~~Revised Code.~~	57447

(B) Upon the transfer of part of the territory of one school	57448
district to the territory of one or more other school districts,	57449
the department of education may adjust the number of children	57450
certified under division (A) of this section for any district	57451
gaining or losing territory in such a transfer in order to take	57452
into account the effect of the transfer on the number of such	57453
children who reside in the district. Within sixty days of receipt	57454
of a request for information from the department of education, the	57455
department of job and family services shall provide any	57456
information the department of education determines is necessary to	57457
make such adjustments. ~~The department of education may use the~~	57458
~~adjusted number for any district for the applicable fiscal year,~~	57459
~~in lieu of the number certified for the district for that fiscal~~	57460
~~year under division (A) of this section, in the calculation of the~~	57461
~~distribution of moneys provided in section 3317.029 of the Revised~~	57462
~~Code.~~	57463

Sec. 3317.14. Any school district board of education or	57464
educational service center governing board participating in funds	57465
distributed under Chapter 3317. of the Revised Code shall annually	57466
adopt a teachers' salary schedule with provision for increments	57467
based upon training and years of service. Notwithstanding sections	57468
3317.13 and 3319.088 of the Revised Code, the board may establish	57469
its own service requirements and may grant service credit for such	57470
activities as teaching in public or nonpublic schools in this	57471
state or in another state, for service as an educational assistant	57472
other than as a classroom aide employed in accordance with section	57473
5107.541 of the Revised Code, and for service in the military or	57474
in an appropriate state or federal governmental agency, provided	57475
no teacher receives less than the amount required to be paid	57476
pursuant to section 3317.13 of the Revised Code and provided full	57477
credit for a minimum of five years of actual teaching and military	57478
experience as defined in division (A) of section 3317.13 of the	57479
Revised Code is given to each teacher.	57480

~~On the fifteenth day of October of each year, a copy of the~~	57481
~~salary schedule in effect on that date shall be filed by the board~~	57482
~~of education of each local school district with the educational~~	57483
~~service center superintendent, who thereupon shall certify to the~~	57484
~~treasurer of such local district the correct salary to be paid to~~	57485
~~each teacher in accordance with the adopted schedule.~~	57486

Each teacher who has completed training which would qualify	57487
such teacher for a higher salary bracket pursuant to this section	57488
shall file by the fifteenth day of September with the treasurer of	57489
the board of education or educational service center satisfactory	57490
evidence of the completion of such additional training. The	57491
treasurer shall then immediately place the teacher, pursuant to	57492
this section and section 3317.13 of the Revised Code, in the	57493
proper salary bracket in accordance with training and years of	57494
service before certifying such salary, training, and years of	57495
service to the superintendent of public instruction. No teacher	57496
shall be paid less than the salary to which such teacher is	57497
entitled pursuant to section 3317.13 of the Revised Code.	57498

Sec. 3317.16. (A) The department of education shall compute	57499
and distribute state core foundation funding to each joint	57500
vocational school district for the fiscal year as prescribed in	57501
the following divisions:	57502

(1) An opportunity grant calculated according to the	57503
following formula:	57504

(The formula amount X formula ADM) - (0.0005 X the	57505

district's three-year average valuation)	57506

If the result of the calculation for a joint vocational	57507
school district under division (A)(1) of this section is less than	57508
zero, the joint vocational school district's opportunity grant	57509
shall be zero.	57510

(2) Additional state aid for special education and related	57511
services provided under Chapter 3323. of the Revised Code	57512
calculated as the sum of the following:	57513

The formula amount X the district's total special education	57514

weight X the district's state share percentage	57515

(3) Economically disadvantaged funds calculated according to	57516
the following formula:	57517

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	57518

(the district's economically disadvantaged index) X the number	57519

of students who are economically disadvantaged as reported under	57520

division (D)(2)(p) of section 3317.03 of the Revised Code	57521

(4) Limited English proficiency funds calculated as the sum	57522
of the following:	57523

(a) The district's category one limited English proficient	57524
ADM X the amount specified in division (A) of section 3317.016 of	57525
the Revised Code X the district's state share percentage;	57526

(b) The district's category two limited English proficient	57527
ADM X the amount specified in division (B) of section 3317.016 of	57528
the Revised Code X the district's state share percentage;	57529

(c) The district's category three limited English proficient	57530
ADM X the amount specified in division (C) of section 3317.016 of	57531
the Revised Code X the district's state share percentage;	57532

(5) Career-technical education funds calculated according to	57533
the following formula:	57534

The formula amount X the district's total career-technical	57535

education weight X the district's state share percentage	57536

Payment of funds under division (A)(5) of this section is	57537
subject to approval under section 3317.161 of the Revised Code.	57538

(6) Career-technical education associated services funds	57539
calculated under the following formula:	57540

The district's state share percentage X 0.05 X the formula	57541

amount X the sum of categories one through five career-technical	57542

education ADM	57543

(B)(1) If a joint vocational school district's costs for a	57544
fiscal year for a student in its categories two through six	57545
special education ADM exceed the threshold catastrophic cost for	57546
serving the student, as specified in division (B) of section	57547
3317.0214 of the Revised Code, the district may submit to the	57548
superintendent of public instruction documentation, as prescribed	57549
by the superintendent, of all of its costs for that student. Upon	57550
submission of documentation for a student of the type and in the	57551
manner prescribed, the department shall pay to the district an	57552
amount equal to the sum of the following:	57553

(a) One-half of the district's costs for the student in	57554
excess of the threshold catastrophic cost;	57555

(b) The product of one-half of the district's costs for the	57556
student in excess of the threshold catastrophic cost multiplied by	57557
the district's state share percentage.	57558

(2) The district shall report under division (B)(1) of this	57559
section, and the department shall pay for, only the costs of	57560
educational expenses and the related services provided to the	57561
student in accordance with the student's individualized education	57562
program. Any legal fees, court costs, or other costs associated	57563
with any cause of action relating to the student may not be	57564
included in the amount.	57565

(C)(1) For each student with a disability receiving special	57566
education and related services under an individualized education	57567
program, as defined in section 3323.01 of the Revised Code, at a	57568
joint vocational district, the resident district or, if the	57569
student is enrolled in a community school, the community school	57570
shall be responsible for the amount of any costs of providing	57571
those special education and related services to that student that	57572
exceed the sum of the amount calculated for those services	57573
attributable to that student under division (A) of this section.	57574

Those excess costs shall be calculated by subtracting the sum	57575
of the following from the actual cost to provide special education	57576
and related services to the student:	57577

(a) The formula amount;

57578

(b) The formula amount times the multiple specified in	57579
section 3317.013 of the Revised Code that is applicable to the	57580
student;	57581

57582

(2) The board of education of the joint vocational school	57583
district may report the excess costs calculated under division	57584
(C)(1) of this section to the department of education.	57585

(3) If the board of education of the joint vocational school	57586
district reports excess costs under division (C)(2) of this	57587
section, the department shall pay the amount of excess cost	57588
calculated under division (C)(2) of this section to the joint	57589
vocational school district and shall deduct that amount as	57590
provided in division (C)(3)(a) or (b) of this section, as	57591
applicable:	57592

(a) If the student is not enrolled in a community school, the	57593
department shall deduct the amount from the account of the	57594
student's resident district pursuant to division (J) of section	57595
3317.023 of the Revised Code.	57596

(b) If the student is enrolled in a community school, the	57597
department shall deduct the amount from the account of the	57598
community school pursuant to section 3314.083 of the Revised Code.	57599

(D)(1) In any fiscal year, a school district receiving funds	57600
under division (A)(5) of this section shall spend those funds only	57601
for the purposes that the department designates as approved for	57602
career-technical education expenses. Career-technical educational	57603
expenses approved by the department shall include only expenses	57604
connected to the delivery of career-technical programming to	57605
career-technical students. The department shall require the school	57606
district to report data annually so that the department may	57607
monitor the district's compliance with the requirements regarding	57608
the manner in which funding received under division (A)(5) of this	57609
section may be spent.	57610

(2) All funds received under division (A)(5) of this section	57611
shall be spent in the following manner:	57612

(a) At least seventy-five per cent of the funds shall be	57613
spent on curriculum development, purchase, and implementation;	57614
instructional resources and supplies; industry-based program	57615
certification; student assessment, credentialing, and placement;	57616
curriculum specific equipment purchases and leases;	57617
career-technical student organization fees and expenses; home and	57618
agency linkages; work-based learning experiences; professional	57619
development; and other costs directly associated with	57620
career-technical education programs including development of new	57621
programs.	57622

(b) Not more than twenty-five per cent of the funds shall be	57623
used for personnel expenditures.	57624

(E) In any fiscal year, a school district receiving funds	57625
under division (A)(6) of this section, or through a transfer of	57626
funds pursuant to division (I) of section 3317.023 of the Revised	57627
Code, shall spend those funds only for the purposes that the	57628
department designates as approved for career-technical education	57629
associated services expenses, which may include such purposes as	57630
apprenticeship coordinators, coordinators for other	57631
career-technical education services, career-technical evaluation,	57632
and other purposes designated by the department. The department	57633
may deny payment under division (A)(6) of this section to any	57634
district that the department determines is not operating those	57635
services or is using funds paid under division (A)(6) of this	57636
section, or through a transfer of funds pursuant to division (I)	57637
of section 3317.023 of the Revised Code, for other purposes.	57638

(F) As used in this section:

57639

(1) "Community school" means a community school established	57640
under Chapter 3314. of the Revised Code.	57641

(2) "Resident district" means the city, local, or exempted	57642
village school district in which a student is entitled to attend	57643
school under section 3313.64 or 3313.65 of the Revised Code.	57644

(3) "State share percentage" is equal to the following:

57645

The amount computed under division (A)(1) of this section /	57646

(the formula amount X formula ADM)	57647

Sec. 3317.161. (A) As used in this section, "lead district"	57648
has the same meaning as in section 3317.023 of the Revised Code.	57649

(B) The lead district of a career-technical planning district	57650
shall review the career-technical education program of each city,	57651
local, and exempted village school district, each community	57652
school, and each STEM school that is assigned to the	57653
career-technical planning district and determine whether to	57654
approve or disapprove the program. The lead district shall notify	57655
the department of its determination.	57656

(C) Upon receiving notification of a lead district's	57657
approval, the department shall pay to the member city, local, or	57658
exempted village school district or deduct from the state	57659
education aid of a district and pay to a community school or STEM	57660
school the funds attributed to the career-technical students	57661
enrolled in the district or school, according to a payment	57662
schedule prescribed by the department.	57663

(D) Upon receiving notification from a lead district of	57664
disapproval of a city, local, or exempted village school	57665
district's, a community school's, or STEM school's	57666
career-technical education program, the department shall	57667
automatically review the lead district's decision. In reviewing	57668
the lead district's decision, the department shall consider the	57669
demand for the career-technical education program and the	57670
availability of the program within the career-technical planning	57671
district. If, as a result of the review, the department decides to	57672
approve the city, local, or exempted village school district's,	57673
the community school's, or the STEM school's career-technical	57674
education program, the department shall pay the funds to the	57675
district or deduct and pay the funds to the community school or	57676
STEM school in the manner described in division (C) of this	57677
section. The department's decision shall be final.	57678

Sec. 3317.18. (A) As used in this section, the terms	57679
"Chapter 133. securities," "credit enhancement facilities," "debt	57680
charges," "general obligation," "legislation," "public	57681
obligations," and "securities" have the same meanings as in	57682
section 133.01 of the Revised Code.	57683

(B) The board of education of any school district authorizing	57684
the issuance of securities under section 133.10~~, 133.301,~~ or	57685
3313.372 of the Revised Code or general obligation Chapter 133.	57686
securities may adopt legislation requesting the state department	57687
of education to approve, and enter into an agreement with the	57688
school district and the primary paying agent or fiscal agent for	57689
such securities providing for, the withholding and deposit of	57690
funds, otherwise due the district under Chapter 3317. of the	57691
Revised Code, for the payment of debt service charges on such	57692
securities.	57693

The board of education shall deliver to the state department	57694
a copy of such resolution and any additional pertinent information	57695
the state department may require.	57696

The department of education and the office of budget and	57697
management shall evaluate each request received from a school	57698
district under this section and the department, with the advice	57699
and consent of the director of budget and management, shall	57700
approve or deny each request based on all of the following:	57701

(1) Whether approval of the request will enhance the	57702
marketability of the securities for which the request is made;	57703

(2) Any other pertinent factors or limitations established in	57704
rules made under division (I) of this section, including:	57705

(a) Current and projected obligations of funds due to the	57706
requesting school district under Chapter 3317. of the Revised Code	57707
including obligations of those funds to public obligations or	57708
relevant credit enhancement facilities under this section, Chapter	57709
133. and section 3313.483 of the Revised Code, and under any other	57710
similar provisions of law;	57711

(b) Whether the department of education or the office of	57712
budget and management has any reason to believe the requesting	57713
school district will be unable to pay when due the debt charges on	57714
the securities for which the request is made.	57715

The department may require a school district to establish	57716
schedules for the payment of all debt charges that take into	57717
account the amount and timing of anticipated distributions of	57718
funds to the district under Chapter 3317. of the Revised Code.	57719

(C) If the department approves the request of a school	57720
district to withhold and deposit funds pursuant to this section,	57721
the department shall enter into a written agreement with the	57722
district and the primary paying agent or fiscal agent for the	57723
securities which shall provide for the withholding of funds	57724
pursuant to this section for the payment of debt charges on those	57725
securities, and may include both of the following:	57726

(1) Provisions for certification by the district to the	57727
department, at a time prior to any date for the payment of	57728
applicable debt charges, whether the district is able to pay those	57729
debt charges when due;	57730

(2) Requirements that the district deposit amounts for the	57731
payment of debt charges on the securities with the primary paying	57732
agent or fiscal agent for the securities prior to the date on	57733
which those debt charge payments are due to the owners or holders	57734
of the securities.	57735

(D) Whenever a district notifies the department of education	57736
that it will be unable to pay debt charges when they are due,	57737
subject to the withholding provisions of this section, or whenever	57738
the applicable paying agent or fiscal agent notifies the	57739
department that it has not timely received from a school district	57740
the full amount needed for the payment when due of those debt	57741
charges to the holders or owners of such securities, the	57742
department shall immediately contact the school district and the	57743
paying agent or fiscal agent to confirm or determine whether the	57744
district is unable to make the required payment by the date on	57745
which it is due.	57746

Upon demand of the treasurer of state while holding a school	57747
district obligation purchased under division (G)(1) of section	57748
135.143 of the Revised Code, the state department of education,	57749
without a request of the school district, shall withhold and	57750
deposit funds pursuant to this section for payment of debt service	57751
charges on that obligation.	57752

If the department confirms or determines that the district	57753
will be unable to make such payment and payment will not be made	57754
pursuant to a credit enhancement facility, the department shall	57755
promptly pay to the applicable primary paying agent or fiscal	57756
agent the lesser of the amount due for debt charges or the amount	57757
due the district for the remainder of the fiscal year under	57758
Chapter 3317. of the Revised Code. If this amount is insufficient	57759
to pay the total amount then due the agent for the payment of debt	57760
charges, the department shall pay to the agent each fiscal year	57761
thereafter, and until the full amount due the agent for unpaid	57762
debt charges is paid in full, the lesser of the remaining amount	57763
due the agent for debt charges or the amount due the district for	57764
the fiscal year under Chapter 3317. of the Revised Code.	57765

(E) The state department may make any payments under this	57766
division by direct deposit of funds by electronic transfer.	57767

Any amount received by a paying agent or fiscal agent under	57768
this section shall be applied only to the payment of debt charges	57769
on the securities of the school district subject to this section	57770
or to the reimbursement to the provider of a credit enhancement	57771
facility that has paid such debt charges.	57772

(F) To the extent a school district whose securities are	57773
subject to this section is unable to pay applicable debt charges	57774
because of the failure to collect property taxes levied for the	57775
payment of those debt charges, the district may transfer to or	57776
deposit into any fund that would have received payments under	57777
Chapter 3317. of the Revised Code that were withheld under this	57778
section any such delinquent property taxes when later collected,	57779
provided that transfer or deposit shall be limited to the amounts	57780
withheld from that fund under this section.	57781

(G) The department may make payments under this section to	57782
paying agents or fiscal agents only from and to the extent that	57783
money is appropriated by the general assembly for Chapter 3317. of	57784
the Revised Code or for the purposes of this section. No	57785
securities of a school district to which this section is made	57786
applicable constitute an obligation or a debt or a pledge of the	57787
faith, credit, or taxing power of the state, and the holders or	57788
owners of such securities have no right to have taxes levied or	57789
appropriations made by the general assembly for the payment of	57790
debt charges on those securities, and those securities, if the	57791
department requires, shall contain a statement to that effect. The	57792
agreement for or the actual withholding and payment of moneys	57793
under this section does not constitute the assumption by the state	57794
of any debt of a school district.	57795

(H) In the case of securities subject to the withholding	57796
provisions of this section, the issuing board of education shall	57797
appoint a paying agent or fiscal agent who is not an officer or	57798
employee of the school district.	57799

(I) The department of education, with the advice of the	57800
office of budget and management, may adopt reasonable rules not	57801
inconsistent with this section for the implementation of this	57802
section and division (B) of section 133.25 of the Revised Code as	57803
it relates to the withholding and depositing of payments under	57804
Chapter 3317. of the Revised Code to secure payment of debt	57805
charges on school district securities. Those rules shall include	57806
criteria for the evaluation and approval or denial of school	57807
district requests for withholding under this section and limits on	57808
the obligation for the purpose of paying debt charges or	57809
reimbursing credit enhancement facilities of funds otherwise to be	57810
paid to school districts under Chapter 3317. of the Revised Code.	57811

(J) The authority granted by this section is in addition to	57812
and not a limitation on any other authorizations granted by or	57813
pursuant to law for the same or similar purposes.	57814

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	57815
~~allowance" means an amount equal to the sum of the following:~~	57816

~~(1) The total of the salary allowances for the teachers~~	57817
~~employed in the cooperative education school district for all~~	57818
~~units approved under division (B) or (C) of section 3317.05 of the~~	57819
~~Revised Code. The salary allowance for each unit shall equal the~~	57820
~~minimum salary for the teacher of the unit calculated on the basis~~	57821
~~of the teacher's training level and years of experience pursuant~~	57822
~~to the salary schedule prescribed in the version of section~~	57823
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	57824

~~(2) Fifteen per cent of the total computed under division~~	57825
~~(A)(1) of this section;~~	57826

~~(3) The total of the unit operating allowances for all~~	57827
~~approved units. The amount of each allowance shall equal one of~~	57828
~~the following:~~	57829

~~(a) Eight thousand twenty-three dollars times the number of~~	57830
~~units for preschool children with disabilities or fraction thereof~~	57831
~~approved for the year under division (B) of section 3317.05 of the~~	57832
~~Revised Code;~~	57833

~~(b) Two thousand one hundred thirty-two dollars times the~~	57834
~~number of units or fraction thereof approved for the year under~~	57835
~~division (C) of section 3317.05 of the Revised Code.~~	57836

~~(B)~~ The state board of education shall compute and distribute	57837
to each cooperative education school district for each fiscal year	57838
an amount equal to the sum of the following:	57839

~~(1)~~(A) An amount equal to the total of the amounts credited	57840
to the cooperative education school district pursuant to division	57841
(H) of section 3317.023 of the Revised Code;	57842

~~(2) The total unit allowance;~~

57843

~~(3)~~(B) An amount for assisting in providing free lunches to	57844
needy children pursuant to division (D) of section 3317.024 of the	57845
Revised Code.	57846

~~(C) If a cooperative education school district has had~~	57847
~~additional special education units approved for the year under~~	57848
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	57849
~~district shall receive an additional amount during the last half~~	57850
~~of the fiscal year. For each unit, the additional amount shall~~	57851
~~equal fifty per cent of the amount computed under division (A) of~~	57852
~~this section for a unit approved under division (B) of section~~	57853
~~3317.05 of the Revised Code.~~	57854

Sec. 3317.20. This section does not apply to preschool	57855
children with disabilities.	57856

(A) As used in this section:

57857

(1) "Applicable weight" means the multiple specified in	57858
section 3317.013 of the Revised Code for a disability described in	57859
that section.	57860

(2) "Child's school district" means the school district in	57861
which a child is entitled to attend school pursuant to section	57862
3313.64 or 3313.65 of the Revised Code.	57863

(3) "State share ~~percentage~~index" means the state share	57864
~~percentage~~index of the child's school district.	57865

(B) ~~Except as provided in division (C) of this section, the~~	57866
The department shall annually pay each county DD board for each	57867
child with a disability, other than a preschool child with a	57868
disability, for whom the county DD board provides special	57869
education and related services an amount equal to the formula	57870
amount + (state share ~~percentage~~index X formula amount X the	57871
applicable weight).	57872

~~(C) If any school district places with a county DD board more~~	57873
~~children with disabilities than it had placed with a county DD~~	57874
~~board in fiscal year 1998, the department shall not make a payment~~	57875
~~under division (B) of this section for the number of children~~	57876
~~exceeding the number placed in fiscal year 1998. The department~~	57877
~~instead shall deduct from the district's payments under this~~	57878
~~chapter, and pay to the county DD board, an amount calculated in~~	57879
~~accordance with the formula prescribed in division (B) of this~~	57880
~~section for each child over the number of children placed in~~	57881
~~fiscal year 1998.~~	57882

~~(D) The department shall calculate for each county DD board~~	57883
~~receiving payments under divisions (B) and (C) of this section the~~	57884
~~following amounts:~~	57885

~~(1) The amount received by the county DD board for approved~~	57886
~~special education and related services units, other than units for~~	57887
~~preschool children with disabilities, in fiscal year 1998, divided~~	57888
~~by the total number of children served in the units that year;~~	57889

~~(2) The product of the quotient calculated under division~~	57890
~~(D)(1) of this section times the number of children for whom~~	57891
~~payments are made under divisions (B) and (C) of this section.~~	57892

~~If the amount calculated under division (D)(2) of this~~	57893
~~section is greater than the total amount calculated under~~	57894
~~divisions (B) and (C) of this section, the department shall pay~~	57895
~~the county DD board one hundred per cent of the difference in~~	57896
~~addition to the payments under divisions (B) and (C) of this~~	57897
~~section.~~	57898

~~(E)~~(C) Each county DD board shall report to the department,	57899
in the manner specified by the department, the name of each child	57900
for whom the county DD board provides special education and	57901
related services and the child's school district.	57902

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	57903
payments under this section, the department may request from	57904
either of the following entities the data verification code	57905
assigned under division (D)(2) of section 3301.0714 of the Revised	57906
Code to any child who is placed with a county DD board:	57907

(a) The child's school district;

57908

(b) The independent contractor engaged to create and maintain	57909
data verification codes.	57910

(2) Upon a request by the department under division ~~(F)~~(D)(1)	57911
of this section for the data verification code of a child, the	57912
child's school district shall submit that code to the department	57913
in the manner specified by the department. If the child has not	57914
been assigned a code, the district shall assign a code to that	57915
child and submit the code to the department by a date specified by	57916
the department. If the district does not assign a code to the	57917
child by the specified date, the department shall assign a code to	57918
the child.	57919

The department annually shall submit to each school district	57920
the name and data verification code of each child residing in the	57921
district for whom the department has assigned a code under this	57922
division.	57923

(3) The department shall not release any data verification	57924
code that it receives under division ~~(F)~~(D) of this section to any	57925
person except as provided by law.	57926

~~(G)~~(E) Any document relative to special education and related	57927
services provided by a county DD board that the department holds	57928
in its files that contains both a student's name or other	57929
personally identifiable information and the student's data	57930
verification code shall not be a public record under section	57931
149.43 of the Revised Code.	57932

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	57933
the custody of a juvenile facility established under section	57934
2151.65 or a detention facility established under section 2152.41	57935
of the Revised Code, ifpayment for the child's education services	57936
shall be administered by one of the following methods:	57937

(1) If the facility educates the child, the facility, or the	57938
chartered nonpublic school it operates, may submit its request for	57939
payment directly to the school district that is to bear the cost	57940
of educating the child, as determined under section 2151.362 of	57941
the Revised Code. That district shall pay the facility or the	57942
chartered nonpublic school directly for those services.	57943

(2) If the facility contracts directly with a school district	57944
in which the facility is located for services for that child, the	57945
school district may submit its request for payment directly to the	57946
school district that is to bear the cost of educating the child,	57947
as determined under section 2151.362 of the Revised Code. That	57948
district shall pay the school district where the facility is	57949
located directly for those services.	57950

(3) If that facility contracts directly with an educational	57951
service center for services for that child, the service center may	57952
submit its request for payment for services for the child directly	57953
to the school district that is responsible to bear the cost of	57954
educating the child, as determined under section 2151.362 of the	57955
Revised Code. That district shall pay the service center directly	57956
for those services. ~~Notwithstanding~~	57957

(B) Notwithstanding anything to the contrary in section	57958
3317.03 of the Revised Code, the district that pays a service	57959
center, facility or chartered nonpublic school the facility	57960
operates, or other school district for services for a particular	57961
child under this section shall include that child in the	57962
district's average daily membership as reported under division (A)	57963
of section 3317.03 of the Revised Code. No other district shall	57964
include the child in its average daily membership.	57965

Payments made for a child under this section shall be	57966
determined in accordance with division (C)(4) of section 3313.64	57967
of the Revised Code.	57968

Sec. 3317.40. (A) As used in this section, "subgroup" means	57969
one of the following subsets of the entire student population of a	57970
school district or a school building:	57971

(1) Students with disabilities;

57972

(2) Economically disadvantaged students;

57973

(3) Limited English proficient students;

57974

(4) Students identified as gifted in superior cognitive	57975
ability and specific academic ability fields under Chapter 3324.	57976
of the Revised Code.	57977

(B) When funds are provided under this chapter specifically	57978
for services for a subgroup of students, the general assembly has	57979
determined that these students experience unique challenges	57980
requiring additional resources and intends that the funds so	57981
provided be used for services that will allow students in those	57982
subgroups to master the knowledge base required for high school	57983
graduation.	57984

(C) If a district or school fails to show satisfactory	57985
achievement and progress, as determined by the state board of	57986
education, for any subgroup of students based on performance	57987
measures reported or graded under section 3302.03 of the Revised	57988
Code, the district or school shall submit an improvement plan to	57989
the department for approval. The plan may be included in any other	57990
improvement plan required of the district or school under state or	57991
federal law. The department may require that a plan required under	57992
division (C) of this section include an agreement to partner with	57993
another organization that has demonstrated the ability to improve	57994
the educational outcome for that subgroup of students to provide	57995
services to those students. The partner organization may be	57996
another school, district, or other education provider.	57997

Not later than December 31, 2014, the state board of	57998
education shall establish measures of satisfactory achievement and	57999
progress, which include, but are not limited to, performance	58000
measures under section 3302.03 of the Revised Code. The department	58001
shall make the initial determination of satisfactory achievement	58002
and progress under this section using those measures not later	58003
than September 1, 2015, and then make determinations under this	58004
section annually thereafter.	58005

The department shall publish a list of schools, school	58006
districts, and other educational providers that have demonstrated	58007
an ability to serve each subgroup of students.	58008

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	58009
hereby created in the state treasury. The fund shall consist of	58010
certain excess local exchange telephone company contributions	58011
transferred from the reserve fund of the Ohio telecommunications	58012
advisory board pursuant to an agreement between the public	58013
utilities commission of Ohio and the Ohio department of education.	58014
The fund shall be used by the chancellor of the Ohio board of	58015
regents, in the amounts appropriated, to finance technology grants	58016
to state-chartered elementary and secondary schools. Investment	58017
earnings of the fund shall be credited to the fund.	58018

Sec. 3317.51. (A) The distance learning fund is hereby	58019
created in the state treasury. The fund shall consist of moneys	58020
paid ~~to the eTech Ohio commission~~ by any telephone company as a	58021
part of a settlement agreement between such company and the public	58022
utilities commission in fiscal year 1995 in part to establish	58023
distance learning throughout the state. The ~~commission~~chancellor	58024
of the Ohio board of regents shall administer the fund and expend	58025
moneys from it to finance technology grants to eligible schools	58026
chartered by the state board of education to establish distance	58027
learning in those schools. Chartered schools are eligible for	58028
funds if they are within the service area of the telephone	58029
company. Investment earnings of the fund shall be credited to the	58030
fund.	58031

(B) For purposes of this section, "distance learning" means	58032
the creation of a learning environment involving a school setting	58033
and at least one other location outside of the school which allows	58034
for information available at one site to be accessed at the other	58035
through the use of such educational applications as one-way or	58036
two-way transmission of data, voice, and video, singularly or in	58037
appropriate combinations.	58038

Sec. 3318.011. For purposes of providing assistance under	58039
sections 3318.01 to 3318.20 of the Revised Code, the department of	58040
education shall annually do all of the following:	58041

(A) Calculate the adjusted valuation per pupil of each city,	58042
local, and exempted village school district according to the	58043
following formula:	58044

The district's valuation per pupil -	58045

[$30,000 X (1 - the district's income factor)].	58046

For purposes of this calculation:

58047

(1) Except for a district with an open enrollment net gain	58048
that is ten per cent or more of its formula ADM, "valuation per	58049
pupil" for a district means its average taxable value, divided by	58050
its formula ADM for the previous fiscal year. "Valuation per	58051
pupil," for a district with an open enrollment net gain that is	58052
ten per cent or more of its formula ADM, means its average taxable	58053
value, divided by the sum of its formula ADM for the previous	58054
fiscal year plus its open enrollment net gain for the previous	58055
fiscal year.	58056

(2) "Average taxable value" means the average of the sum of	58057
the amounts certified for a district under divisions (A)(1) and	58058
(2) of section 3317.021 of the Revised Code in the second, third,	58059
and fourth preceding fiscal years.	58060

(3) "Entitled to attend school" means entitled to attend	58061
school in a city, local, or exempted village school district under	58062
section 3313.64 or 3313.65 of the Revised Code.	58063

(4) "Formula ADM" ~~and "income factor" have~~has the same	58064
~~meanings~~meaning as in section 3317.02 of the Revised Code.	58065

(5) "Native student" has the same meaning as in section	58066
3313.98 of the Revised Code.	58067

(6) "Open enrollment net gain" for a district means (a) the	58068
number of the students entitled to attend school in another	58069
district but who are enrolled in the schools of the district under	58070
its open enrollment policy minus (b) the number of the district's	58071
native students who are enrolled in the schools of another	58072
district under the other district's open enrollment policy, both	58073
numbers as certified to the department under section 3313.981 of	58074
the Revised Code. If the difference is a negative number, the	58075
district's "open enrollment net gain" is zero.	58076

(7) "Open enrollment policy" means an interdistrict open	58077
enrollment policy adopted under section 3313.98 of the Revised	58078
Code.	58079

(8) "District median income" means the median Ohio adjusted	58080
gross income certified for a school district. On or before the	58081
first day of July of each year, the tax commissioner shall certify	58082
to the department of education and the office of budget and	58083
management for each city, exempted village, and local school	58084
district the median Ohio adjusted gross income of the residents of	58085
the school district determined on the basis of tax returns filed	58086
for the second preceding tax year by the residents of the	58087
district.	58088

(9) "Statewide median income" means the median district	58089
median income of all city, exempted village, and local school	58090
districts in the state.	58091

(10) "Income factor" for a city, exempted village, or local	58092
school district means the quotient obtained by dividing that	58093
district's median income by the statewide median income.	58094

(B) Calculate for each district the three-year average of the	58095
adjusted valuations per pupil calculated for the district for the	58096
current and two preceding fiscal years;	58097

(C) Rank all such districts in order of adjusted valuation	58098
per pupil from the district with the lowest three-year average	58099
adjusted valuation per pupil to the district with the highest	58100
three-year average adjusted valuation per pupil;	58101

(D) Divide such ranking into percentiles with the first	58102
percentile containing the one per cent of school districts having	58103
the lowest three-year average adjusted valuations per pupil and	58104
the one-hundredth percentile containing the one per cent of school	58105
districts having the highest three-year average adjusted	58106
valuations per pupil;	58107

(E) Determine the school districts that have three-year	58108
average adjusted valuations per pupil that are greater than the	58109
median three-year average adjusted valuation per pupil for all	58110
school districts in the state;	58111

(F) On or before the first day of September, certify the	58112
information described in divisions (A) to (E) of this section to	58113
the Ohio school facilities commission.	58114

Sec. 3318.031. (A) The Ohio school facilities commission	58115
shall consider student and staff safety and health when reviewing	58116
design plans for classroom facility construction projects proposed	58117
under this chapter. After consulting with appropriate education,	58118
health, and law enforcement personnel, the commission may require	58119
as a condition of project approval under either section 3318.03 or	58120
division (B)(1) of section 3318.41 of the Revised Code such	58121
changes in the design plans as the commission believes will	58122
advance or improve student and staff safety and health in the	58123
proposed classroom facility.	58124

To carry out its duties under this division, the commission	58125
shall review and, if necessary, amend any construction and design	58126
standards used in its project approval process, including	58127
standards for location and number of exits, standards for lead	58128
safety in classroom facilities constructed before 1978 in which	58129
services are provided to children under six years of age, and	58130
location of restrooms, with a focus on advancing student and staff	58131
safety and health.	58132

(B) When reviewing design standards for classroom facility	58133
construction projects proposed under this chapter, the commission	58134
shall also consider the extent to which the design standards	58135
support the following:	58136

(1) ~~Support and facilitation of smaller classes and the trend~~	58137
~~toward smaller schools~~Trends in educational delivery methods,	58138
including digital access and blended learning;	58139

(2) Provision of sufficient space for training new teachers	58140
and promotion of collaboration among teaching candidates,	58141
experienced teachers, and teacher educators;	58142

(3) Provision of adequate space for teacher planning and	58143
collaboration;	58144

(4) Provision of adequate space for parent involvement	58145
activities;	58146

(5) Provision of sufficient space for innovative partnerships	58147
between schools and health and social service agencies.	58148

Sec. 3318.08. Except in the case of a joint vocational	58149
school district that receives assistance under sections 3318.40 to	58150
3318.45 of the Revised Code, if the requisite favorable vote on	58151
the election is obtained, or if the school district board has	58152
resolved to apply the proceeds of a property tax levy or the	58153
proceeds of an income tax, or a combination of proceeds from such	58154
taxes, as authorized in section 3318.052 of the Revised Code, the	58155
Ohio school facilities commission, upon certification to it of	58156
either the results of the election or the resolution under section	58157
3318.052 of the Revised Code, shall enter into a written agreement	58158
with the school district board for the construction and sale of	58159
the project. In the case of a joint vocational school district	58160
that receives assistance under sections 3318.40 to 3318.45 of the	58161
Revised Code, if the school district board of education and the	58162
school district electors have satisfied the conditions prescribed	58163
in division (D)(1) of section 3318.41 of the Revised Code, the	58164
commission shall enter into an agreement with the school district	58165
board for the construction and sale of the project. In either	58166
case, the agreement shall include, but need not be limited to, the	58167
following provisions:	58168

(A) The sale and issuance of bonds or notes in anticipation	58169
thereof, as soon as practicable after the execution of the	58170
agreement, in an amount equal to the school district's portion of	58171
the basic project cost, including any securities authorized under	58172
division (J) of section 133.06 of the Revised Code and dedicated	58173
by the school district board to payment of the district's portion	58174
of the basic project cost of the project; provided, that if at	58175
that time the county treasurer of each county in which the school	58176
district is located has not commenced the collection of taxes on	58177
the general duplicate of real and public utility property for the	58178
year in which the controlling board approved the project, the	58179
school district board shall authorize the issuance of a first	58180
installment of bond anticipation notes in an amount specified by	58181
the agreement, which amount shall not exceed an amount necessary	58182
to raise the net bonded indebtedness of the school district as of	58183
the date of the controlling board's approval to within five	58184
thousand dollars of the required level of indebtedness for the	58185
preceding year. In the event that a first installment of bond	58186
anticipation notes is issued, the school district board shall, as	58187
soon as practicable after the county treasurer of each county in	58188
which the school district is located has commenced the collection	58189
of taxes on the general duplicate of real and public utility	58190
property for the year in which the controlling board approved the	58191
project, authorize the issuance of a second and final installment	58192
of bond anticipation notes or a first and final issue of bonds.	58193

The combined value of the first and second installment of	58194
bond anticipation notes or the value of the first and final issue	58195
of bonds shall be equal to the school district's portion of the	58196
basic project cost. The proceeds of any such bonds shall be used	58197
first to retire any bond anticipation notes. Otherwise, the	58198
proceeds of such bonds and of any bond anticipation notes, except	58199
the premium and accrued interest thereon, shall be deposited in	58200
the school district's project construction fund. In determining	58201
the amount of net bonded indebtedness for the purpose of fixing	58202
the amount of an issue of either bonds or bond anticipation notes,	58203
gross indebtedness shall be reduced by moneys in the bond	58204
retirement fund only to the extent of the moneys therein on the	58205
first day of the year preceding the year in which the controlling	58206
board approved the project. Should there be a decrease in the tax	58207
valuation of the school district so that the amount of	58208
indebtedness that can be incurred on the tax duplicates for the	58209
year in which the controlling board approved the project is less	58210
than the amount of the first installment of bond anticipation	58211
notes, there shall be paid from the school district's project	58212
construction fund to the school district's bond retirement fund to	58213
be applied against such notes an amount sufficient to cause the	58214
net bonded indebtedness of the school district, as of the first	58215
day of the year following the year in which the controlling board	58216
approved the project, to be within five thousand dollars of the	58217
required level of indebtedness for the year in which the	58218
controlling board approved the project. The maximum amount of	58219
indebtedness to be incurred by any school district board as its	58220
share of the cost of the project is either an amount that will	58221
cause its net bonded indebtedness, as of the first day of the year	58222
following the year in which the controlling board approved the	58223
project, to be within five thousand dollars of the required level	58224
of indebtedness, or an amount equal to the required percentage of	58225
the basic project costs, whichever is greater. All bonds and bond	58226
anticipation notes shall be issued in accordance with Chapter 133.	58227
of the Revised Code, and notes may be renewed as provided in	58228
section 133.22 of the Revised Code.	58229

(B) The transfer of such funds of the school district board	58230
available for the project, together with the proceeds of the sale	58231
of the bonds or notes, except premium, accrued interest, and	58232
interest included in the amount of the issue, to the school	58233
district's project construction fund;	58234

(C) For all school districts except joint vocational school	58235
districts that receive assistance under sections 3318.40 to	58236
3318.45 of the Revised Code, the following provisions as	58237
applicable:	58238

(1) If section 3318.052 of the Revised Code applies, the	58239
earmarking of the proceeds of a tax levied under section 5705.21	58240
of the Revised Code for general permanent improvements or under	58241
section 5705.218 of the Revised Code for the purpose of permanent	58242
improvements, or the proceeds of a school district income tax	58243
levied under Chapter 5748. of the Revised Code, or the proceeds	58244
from a combination of those two taxes, in an amount to pay all or	58245
part of the service charges on bonds issued to pay the school	58246
district portion of the project and an amount equivalent to all or	58247
part of the tax required under division (B) of section 3318.05 of	58248
the Revised Code;	58249

(2) If section 3318.052 of the Revised Code does not apply,	58250
one of the following:	58251

(a) The levy of the tax authorized at the election for the	58252
payment of maintenance costs, as specified in division (B) of	58253
section 3318.05 of the Revised Code;	58254

(b) If the school district electors have approved a	58255
continuing tax for general permanent improvements under section	58256
5705.21 of the Revised Code and that tax can be used for	58257
maintenance, the earmarking of an amount of the proceeds from such	58258
tax for maintenance of classroom facilities as specified in	58259
division (B) of section 3318.05 of the Revised Code;	58260

(c) If, in lieu of the tax otherwise required under division	58261
(B) of section 3318.05 of the Revised Code, the commission has	58262
approved the transfer of money to the maintenance fund in	58263
accordance with section 3318.051 of the Revised Code, a	58264
requirement that the district board comply with the provisions of	58265
that section. The district board may rescind the provision	58266
prescribed under division (C)(2)(c) of this section only so long	58267
as the electors of the district have approved, in accordance with	58268
section 3318.063 of the Revised Code, the levy of a tax for the	58269
maintenance of the classroom facilities acquired under the	58270
district's project and that levy continues to be collected as	58271
approved by the electors.	58272

(D) For joint vocational school districts that receive	58273
assistance under sections 3318.40 to 3318.45 of the Revised Code,	58274
provision for deposit of school district moneys dedicated to	58275
maintenance of the classroom facilities acquired under those	58276
sections as prescribed in section 3318.43 of the Revised Code;	58277

(E) Dedication of any local donated contribution as provided	58278
for under section 3318.084 of the Revised Code, including a	58279
schedule for depositing such moneys applied as an offset of the	58280
district's obligation to levy the tax described in division (B) of	58281
section 3318.05 of the Revised Code as required under division	58282
(D)(2) of section 3318.084 of the Revised Code;	58283

(F) Ownership of or interest in the project during the period	58284
of construction, which shall be divided between the commission and	58285
the school district board in proportion to their respective	58286
contributions to the school district's project construction fund;	58287

(G) Maintenance of the state's interest in the project until	58288
any obligations issued for the project under section 3318.26 of	58289
the Revised Code are no longer outstanding;	58290

(H) The insurance of the project by the school district from	58291
the time there is an insurable interest therein and so long as the	58292
state retains any ownership or interest in the project pursuant to	58293
division (F) of this section, in such amounts and against such	58294
risks as the commission shall require; provided, that the cost of	58295
any required insurance until the project is completed shall be a	58296
part of the basic project cost;	58297

(I) The certification by the director of budget and	58298
management that funds are available and have been set aside to	58299
meet the state's share of the basic project cost as approved by	58300
the controlling board pursuant to either section 3318.04 or	58301
division (B)(1) of section 3318.41 of the Revised Code;	58302

(J) Authorization of the school district board to advertise	58303
for and receive construction bids for the project, for and on	58304
behalf of the commission, and to award contracts in the name of	58305
the state subject to approval by the commission;	58306

(K) Provisions for the disbursement of moneys from the school	58307
district's project account upon issuance by the commission or the	58308
commission's designated representative of vouchers for work done	58309
to be certified to the commission by the treasurer of the school	58310
district board;	58311

(L) Disposal of any balance left in the school district's	58312
project construction fund upon completion of the project;	58313

(M) Limitations upon use of the project or any part of it so	58314
long as any obligations issued to finance the project under	58315
section 3318.26 of the Revised Code are outstanding;	58316

(N) Provision for vesting the state's interest in the project	58317
to the school district board when the obligations issued to	58318
finance the project under section 3318.26 of the Revised Code are	58319
outstanding;	58320

(O) Provision for deposit of an executed copy of the	58321
agreement in the office of the commission;	58322

(P) Provision for termination of the contract and release of	58323
the funds encumbered at the time of the conditional approval, if	58324
the proceeds of the sale of the bonds of the school district board	58325
are not paid into the school district's project construction fund	58326
and if bids for the construction of the project have not been	58327
taken within such period after the execution of the agreement as	58328
may be fixed by the commission;	58329

(Q) Provision for the school district to maintain the project	58330
in accordance with a plan approved by the commission;	58331

(R) Provision that all state funds reserved and encumbered to	58332
pay the state share of the cost of the project and the funds	58333
provided by the school district to pay for its share of the	58334
project cost, including the respective shares of the cost of a	58335
segment if the project is divided into segments, be spent on the	58336
construction and acquisition of the project or segment	58337
simultaneously in proportion to the state's and the school	58338
district's respective shares of that basic project cost as	58339
determined under section 3318.032 of the Revised Code or, if the	58340
district is a joint vocational school district, under section	58341
3318.42 of the Revised Code. However, if the school district	58342
certifies to the commission that expenditure by the school	58343
district is necessary to maintain the federal tax status or	58344
tax-exempt status of notes or bonds issued by the school district	58345
to pay for its share of the project cost or to comply with	58346
applicable temporary investment periods or spending exceptions to	58347
rebate as provided for under federal law in regard to those notes	58348
or bonds, the school district may commit to spend, or spend, a	58349
greater portion of the funds it provides during any specific	58350
period than would otherwise be required under this division.	58351

(S) A provision stipulating that the commission may prohibit	58352
the district from proceeding with any project if the commission	58353
determines that the site is not suitable for construction	58354
purposes. The commission may perform soil tests in its	58355
determination of whether a site is appropriate for construction	58356
purposes.	58357

(T) A provision stipulating that, unless otherwise authorized	58358
by the commission, any contingency reserve portion of the	58359
construction budget prescribed by the commission shall be used	58360
only to pay costs resulting from unforeseen job conditions, to	58361
comply with rulings regarding building and other codes, to pay	58362
costs related to design clarifications or corrections to contract	58363
documents, and to pay the costs of settlements or judgments	58364
related to the project as provided under section 3318.086 of the	58365
Revised Code;	58366

(U) ~~Provision~~A provision stipulating that for continued	58367
release of project funds the school district board shall comply	58368
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	58369
throughout the project and shall notify the department of	58370
education and the Ohio community school association when the board	58371
plans to dispose of facilities by sale under that section;	58372

(V) ~~Provision~~A provision stipulating that the commission	58373
shall not approve a contract for demolition of a facility until	58374
the school district board has complied with ~~section~~sections	58375
3313.41 and 3313.411 of the Revised Code relative to that	58376
facility, unless demolition of that facility is to clear a site	58377
for construction of a replacement facility included in the	58378
district's project;	58379

(W) A requirement for the school district to adhere to a	58380
facilities maintenance plan approved by the commission.	58381

Sec. 3318.31. (A) The Ohio school facilities commission may	58382
perform any act and ensure the performance of any function	58383
necessary or appropriate to carry out the purposes of, and	58384
exercise the powers granted under, Chapter 3318. of the Revised	58385
Code, including any of the following:	58386

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	58387
the Revised Code, rules for the administration of programs	58388
authorized under Chapter 3318. of the Revised Code.	58389

(2) Contract with, retain the services of, or designate, and	58390
fix the compensation of, such agents, accountants, consultants,	58391
advisers, and other independent contractors as may be necessary or	58392
desirable to carry out the programs authorized under Chapter 3318.	58393
of the Revised Code, or authorize the executive director to	58394
perform such powers and duties.	58395

(3) Receive and accept any gifts, grants, donations, and	58396
pledges, and receipts therefrom, to be used for the programs	58397
authorized under Chapter 3318. of the Revised Code.	58398

(4) Make and enter into all contracts, commitments, and	58399
agreements, and execute all instruments, necessary or incidental	58400
to the performance of its duties and the execution of its rights	58401
and powers under Chapter 3318. of the Revised Code, or authorize	58402
the executive director or the Ohio facilities construction	58403
commission to perform such powers and duties.	58404

(5) Request the Ohio facilities construction commission to	58405
debar a contractor as provided in section 153.02 of the Revised	58406
Code.	58407

(B) The ~~Ohio school facilities commission shall appoint and~~	58408
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	58409
facilities construction commission, as appointed under division	58410
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	58411
~~pleasure of~~as the executive director for the Ohio school	58412
facilities commission. The executive director shall exercise all	58413
powers that the Ohio school facilities commission possesses,	58414
supervise the operations of the Ohio school facilities commission	58415
and perform such other duties as delegated by the Ohio school	58416
facilities commission. The executive director also shall employ	58417
and fix the compensation of such employees as will facilitate the	58418
activities and purposes of the Ohio school facilities commission,	58419
who shall serve at the pleasure of the executive director. The	58420
employees of the Ohio school facilities commission shall be exempt	58421
from Chapter 4117. of the Revised Code and shall not be public	58422
employees as defined in section 4117.01 of the Revised Code. Any	58423
agreement entered into prior to July 1, 2012, between the office	58424
of collective bargaining and the exclusive representative for	58425
employees of the commission is binding and shall continue to have	58426
effect.	58427

(C) The attorney general shall serve as the legal	58428
representative for the Ohio school facilities commission and may	58429
appoint other counsel as necessary for that purpose in accordance	58430
with section 109.07 of the Revised Code.	58431

Sec. 3318.36. (A)(1) As used in this section:

58432

(a) "Ohio school facilities commission," "classroom	58433
facilities," "school district," "school district board," "net	58434
bonded indebtedness," "required percentage of the basic project	58435
costs," "basic project cost," "valuation," and "percentile" have	58436
the same meanings as in section 3318.01 of the Revised Code.	58437

(b) "Required level of indebtedness" means five per cent of	58438
the school district's valuation for the year preceding the year in	58439
which the commission and school district enter into an agreement	58440
under division (B) of this section, plus [two one-hundredths of	58441
one per cent multiplied by (the percentile in which the district	58442
ranks minus one)].	58443

(c) "Local resources" means any moneys generated in any	58444
manner permitted for a school district board to raise the school	58445
district portion of a project undertaken with assistance under	58446
sections 3318.01 to 3318.20 of the Revised Code.	58447

(d) "Tangible personal property phase-out impacted district"	58448
means a school district for which the taxable value of its	58449
tangible personal property certified under division (A)(2) of	58450
section 3317.021 of the Revised Code for tax year 2005, excluding	58451
the taxable value of public utility personal property, made up	58452
eighteen per cent or more of its total taxable value for tax year	58453
2005 as certified under that section.	58454

(2) For purposes of determining the required level of	58455
indebtedness, the required percentage of the basic project costs	58456
under division (C)(1) of this section, and priority for assistance	58457
under sections 3318.01 to 3318.20 of the Revised Code, the	58458
percentile ranking of a school district with which the commission	58459
has entered into an agreement under this section between the first	58460
day of July and the thirty-first day of August in each fiscal year	58461
is the percentile ranking calculated for that district for the	58462
immediately preceding fiscal year, and the percentile ranking of a	58463
school district with which the commission has entered into such	58464
agreement between the first day of September and the thirtieth day	58465
of June in each fiscal year is the percentile ranking calculated	58466
for that district for the current fiscal year. However, in the	58467
case of a tangible personal property phase-out impacted district,	58468
the district's priority for assistance under sections 3318.01 to	58469
3318.20 of the Revised Code and its portion of the basic project	58470
cost under those sections shall be determined in the manner	58471
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	58472
this section.	58473

(B)(1) There is hereby established the school building	58474
assistance expedited local partnership program. Under the program,	58475
the Ohio school facilities commission may enter into an agreement	58476
with the board of any school district under which the board may	58477
proceed with the new construction or major repairs of a part of	58478
the district's classroom facilities needs, as determined under	58479
sections 3318.01 to 3318.20 of the Revised Code, through the	58480
expenditure of local resources prior to the school district's	58481
eligibility for state assistance under those sections, and may	58482
apply that expenditure toward meeting the school district's	58483
portion of the basic project cost of the total of the district's	58484
classroom facilities needs, as recalculated under division (E) of	58485
this section, when the district becomes eligible for state	58486
assistance under sections 3318.01 to 3318.20 or section 3318.364	58487
of the Revised Code. Any school district that is reasonably	58488
expected to receive assistance under sections 3318.01 to 3318.20	58489
of the Revised Code within two fiscal years from the date the	58490
school district adopts its resolution under division (B) of this	58491
section shall not be eligible to participate in the program	58492
established under this section.	58493

(2) To participate in the program, a school district board	58494
shall first adopt a resolution certifying to the commission the	58495
board's intent to participate in the program.	58496

The resolution shall specify the approximate date that the	58497
board intends to seek elector approval of any bond or tax measures	58498
or to apply other local resources to use to pay the cost of	58499
classroom facilities to be constructed under this section. The	58500
resolution may specify the application of local resources or	58501
elector-approved bond or tax measures after the resolution is	58502
adopted by the board, and in such case the board may proceed with	58503
a discrete portion of its project under this section as soon as	58504
the commission and the controlling board have approved the basic	58505
project cost of the district's classroom facilities needs as	58506
specified in division (D) of this section. The board shall submit	58507
its resolution to the commission not later than ten days after the	58508
date the resolution is adopted by the board.	58509

The commission shall not consider any resolution that is	58510
submitted pursuant to division (B)(2) of this section, as amended	58511
by this amendment, sooner than September 14, 2000.	58512

(3) For purposes of determining when a district that enters	58513
into an agreement under this section becomes eligible for	58514
assistance under sections 3318.01 to 3318.20 of the Revised Code	58515
or priority for assistance under section 3318.364 of the Revised	58516
Code, the commission shall use one of the following as applicable:	58517

(a) Except for a tangible personal property phase-out	58518
impacted district, the district's percentile ranking determined at	58519
the time the district entered into the agreement under this	58520
section, as prescribed by division (A)(2) of this section;	58521

(b) For a tangible personal property phase-out impacted	58522
district, the lesser of (i) the district's percentile ranking	58523
determined at the time the district entered into the agreement	58524
under this section, as prescribed by division (A)(2) of this	58525
section, or (ii) the district's current percentile ranking under	58526
section 3318.011 of the Revised Code.	58527

(4) Any project under this section shall comply with section	58528
3318.03 of the Revised Code and with any specifications for plans	58529
and materials for classroom facilities adopted by the commission	58530
under section 3318.04 of the Revised Code.	58531

(5) If a school district that enters into an agreement under	58532
this section has not begun a project applying local resources as	58533
provided for under that agreement at the time the district is	58534
notified by the commission that it is eligible to receive state	58535
assistance under sections 3318.01 to 3318.20 of the Revised Code,	58536
all assessment and agreement documents entered into under this	58537
section are void.	58538

(6) Only construction of or repairs to classroom facilities	58539
that have been approved by the commission and have been therefore	58540
included as part of a district's basic project cost qualify for	58541
application of local resources under this section.	58542

(C) Based on the results of on-site visits and assessment,	58543
the commission shall determine the basic project cost of the	58544
school district's classroom facilities needs. The commission shall	58545
determine the school district's portion of such basic project	58546
cost, which shall be the greater of:	58547

(1) The required percentage of the basic project costs,	58548
determined based on the school district's percentile ranking;	58549

(2) An amount necessary to raise the school district's net	58550
bonded indebtedness, as of the fiscal year the commission and the	58551
school district enter into the agreement under division (B) of	58552
this section, to within five thousand dollars of the required	58553
level of indebtedness.	58554

(D)(1) When the commission determines the basic project cost	58555
of the classroom facilities needs of a school district and the	58556
school district's portion of that basic project cost under	58557
division (C) of this section, the project shall be conditionally	58558
approved. Such conditional approval shall be submitted to the	58559
controlling board for approval thereof. The controlling board	58560
shall forthwith approve or reject the commission's determination,	58561
conditional approval, and the amount of the state's portion of the	58562
basic project cost; however, no state funds shall be encumbered	58563
under this section. Upon approval by the controlling board, the	58564
school district board may identify a discrete part of its	58565
classroom facilities needs, which shall include only new	58566
construction of or additions or major repairs to a particular	58567
building, to address with local resources. Upon identifying a part	58568
of the school district's basic project cost to address with local	58569
resources, the school district board may allocate any available	58570
school district moneys to pay the cost of that identified part,	58571
including the proceeds of an issuance of bonds if approved by the	58572
electors of the school district.	58573

All local resources utilized under this division shall first	58574
be deposited in the project construction account required under	58575
section 3318.08 of the Revised Code.	58576

(2) Unless the school district board exercises its option	58577
under division (D)(3) of this section, for a school district to	58578
qualify for participation in the program authorized under this	58579
section, one of the following conditions shall be satisfied:	58580

(a) The electors of the school district by a majority vote	58581
shall approve the levy of taxes outside the ten-mill limitation	58582
for a period of twenty-three years at the rate of not less than	58583
one-half mill for each dollar of valuation to be used to pay the	58584
cost of maintaining the classroom facilities included in the basic	58585
project cost as determined by the commission. The form of the	58586
ballot to be used to submit the question whether to approve the	58587
tax required under this division to the electors of the school	58588
district shall be the form for an additional levy of taxes	58589
prescribed in section 3318.361 of the Revised Code, which may be	58590
combined in a single ballot question with the questions prescribed	58591
under section 5705.218 of the Revised Code.	58592

(b) As authorized under division (C) of section 3318.05 of	58593
the Revised Code, the school district board shall earmark from the	58594
proceeds of a permanent improvement tax levied under section	58595
5705.21 of the Revised Code, an amount equivalent to the	58596
additional tax otherwise required under division (D)(2)(a) of this	58597
section for the maintenance of the classroom facilities included	58598
in the basic project cost as determined by the commission.	58599

(c) As authorized under section 3318.051 of the Revised Code,	58600
the school district board shall, if approved by the commission,	58601
annually transfer into the maintenance fund required under section	58602
3318.05 of the Revised Code the amount prescribed in section	58603
3318.051 of the Revised Code in lieu of the tax otherwise required	58604
under division (D)(2)(a) of this section for the maintenance of	58605
the classroom facilities included in the basic project cost as	58606
determined by the commission.	58607

(d) If the school district board has rescinded the agreement	58608
to make transfers under section 3318.051 of the Revised Code, as	58609
provided under division (F) of that section, the electors of the	58610
school district, in accordance with section 3318.063 of the	58611
Revised Code, first shall approve the levy of taxes outside the	58612
ten-mill limitation for the period specified in that section at a	58613
rate of not less than one-half mill for each dollar of valuation.	58614

(e) The school district board shall apply the proceeds of a	58615
tax to leverage bonds as authorized under section 3318.052 of the	58616
Revised Code or dedicate a local donated contribution in the	58617
manner described in division (B) of section 3318.084 of the	58618
Revised Code in an amount equivalent to the additional tax	58619
otherwise required under division (D)(2)(a) of this section for	58620
the maintenance of the classroom facilities included in the basic	58621
project cost as determined by the commission.	58622

(3) A school district board may opt to delay taking any of	58623
the actions described in division (D)(2) of this section until the	58624
school district becomes eligible for state assistance under	58625
sections 3318.01 to 3318.20 of the Revised Code. In order to	58626
exercise this option, the board shall certify to the commission a	58627
resolution indicating the board's intent to do so prior to	58628
entering into an agreement under division (B) of this section.	58629

(4) If pursuant to division (D)(3) of this section a district	58630
board opts to delay levying an additional tax until the district	58631
becomes eligible for state assistance, it shall submit the	58632
question of levying that tax to the district electors as follows:	58633

(a) In accordance with section 3318.06 of the Revised Code if	58634
it will also be necessary pursuant to division (E) of this section	58635
to submit a proposal for approval of a bond issue;	58636

(b) In accordance with section 3318.361 of the Revised Code	58637
if it is not necessary to also submit a proposal for approval of a	58638
bond issue pursuant to division (E) of this section.	58639

(5) No state assistance under sections 3318.01 to 3318.20 of	58640
the Revised Code shall be released until a school district board	58641
that adopts and certifies a resolution under division (D) of this	58642
section also demonstrates to the satisfaction of the commission	58643
compliance with the provisions of division (D)(2) of this section.	58644

Any amount required for maintenance under division (D)(2) of	58645
this section shall be deposited into a separate fund as specified	58646
in division (B) of section 3318.05 of the Revised Code.	58647

(E)(1) If the school district becomes eligible for state	58648
assistance under sections 3318.01 to 3318.20 of the Revised Code	58649
based on its percentile ranking under division (B)(3) of this	58650
section or is offered assistance under section 3318.364 of the	58651
Revised Code, the commission shall conduct a new assessment of the	58652
school district's classroom facilities needs and shall recalculate	58653
the basic project cost based on this new assessment. The basic	58654
project cost recalculated under this division shall include the	58655
amount of expenditures made by the school district board under	58656
division (D)(1) of this section. The commission shall then	58657
recalculate the school district's portion of the new basic project	58658
cost, which shall be one of the following as applicable:	58659

(a) Except for a tangible personal property phase-out	58660
impacted district, the percentage of the original basic project	58661
cost assigned to the school district as its portion under division	58662
(C) of this section;	58663

(b) For a tangible personal property phase-out impacted	58664
district, the lesser of (i) the percentage of the original basic	58665
project cost assigned to the school district as its portion under	58666
division (C) of this section, or (ii) the percentage of the new	58667
basic project cost determined under section 3318.032 of the	58668
Revised Code using the district's current percentile ranking under	58669
section 3318.011 of the Revised Code. ~~The~~	58670

The commission shall deduct the expenditure of school	58671
district moneys made under division (D)(1) of this section from	58672
the school district's portion of the basic project cost as	58673
recalculated under this division. If the amount of school district	58674
resources applied by the school district board to the school	58675
district's portion of the basic project cost under this section is	58676
less than the total amount of such portion as recalculated under	58677
this division, the school district board by a majority vote of all	58678
of its members shall, if it desires to seek state assistance under	58679
sections 3318.01 to 3318.20 of the Revised Code, adopt a	58680
resolution as specified in section 3318.06 of the Revised Code to	58681
submit to the electors of the school district the question of	58682
approval of a bond issue in order to pay any additional amount of	58683
school district portion required for state assistance. Any tax	58684
levy approved under division (D) of this section satisfies the	58685
requirements to levy the additional tax under section 3318.06 of	58686
the Revised Code.	58687

(2) If the amount of school district resources applied by the	58688
school district board to the school district's portion of the	58689
basic project cost under this section is more than the total	58690
amount of such portion as recalculated under ~~this~~ division (E)(1)	58691
of this section, within one year after the school district's	58692
portion is so recalculated ~~under division (E)(1) of this section~~	58693
the commission may grant to the school district the difference	58694
between the two calculated portions, but at no time shall the	58695
commission expend any state funds on a project in an amount	58696
greater than the state's portion of the basic project cost as	58697
recalculated under ~~this~~ division (E)(1) of this section.	58698

Any reimbursement under this division shall be only for local	58699
resources the school district has applied toward construction cost	58700
expenditures for the classroom facilities approved by the	58701
commission, which shall not include any financing costs associated	58702
with that construction.	58703

The school district board shall use any moneys reimbursed to	58704
the district under this division to pay off any debt service the	58705
district owes for classroom facilities constructed under its	58706
project under this section before such moneys are applied to any	58707
other purpose. However, the district board first may deposit	58708
moneys reimbursed under this division into the district's general	58709
fund or a permanent improvement fund to replace local resources	58710
the district withdrew from those funds, as long as, and to the	58711
extent that, those local resources were used by the district for	58712
constructing classroom facilities included in the district's basic	58713
project cost.	58714

(3) A tangible personal property phase-out impacted district	58715
shall receive credit under division (E) of this section for the	58716
expenditure of local resources pursuant to any prior agreement	58717
authorized by this section, notwithstanding any recalculation of	58718
its average taxable value.	58719

Sec. 3318.363. (A) This section applies beginning in fiscal	58720
year 2003 and only to a school district participating in the	58721
school building assistance expedited local partnership program	58722
under section 3318.36 of the Revised Code.	58723

(B) If there is a decrease in the tax valuation of a school	58724
district to which this section applies by ten per cent or greater	58725
from one tax year to the next due to a decrease in the assessment	58726
rate of the taxable property of an electric company that owns	58727
property in the district, as provided for in section 5727.111 of	58728
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	58729
General Assembly, the Ohio school facilities commission shall	58730
calculate or recalculate the state and school district portions of	58731
the basic project cost of the school district's project by	58732
determining the percentile rank in which the district would be	58733
located if such ranking were made using the adjusted valuation per	58734
pupil calculated under division (C) of this section rather than	58735
the three-year average adjusted valuation per pupil, calculated	58736
under division (B) of section 3318.011 of the Revised Code. For	58737
such district, the required percentage of the basic project cost	58738
used to determine the state and school district shares of that	58739
cost under division (C) of section 3318.36 of the Revised Code	58740
shall be based on the percentile rank as calculated under this	58741
section rather than as otherwise provided in division (C)(1) of	58742
section 3318.36 of the Revised Code. If the commission has	58743
determined the state and school district portion of the basic	58744
project cost of such a district's project under section 3318.36 of	58745
the Revised Code prior to that decrease in tax valuation, the	58746
commission shall adjust the state and school district shares of	58747
the basic project cost of such project in accordance with this	58748
section.	58749

(C)(1) As used in divisions (C) and (D) of this section,	58750
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	58751
the same meanings as in section 3317.02 of the Revised Code, and	58752
"income factor" has the same meaning as in section 3318.011 of the	58753
Revised Code.	58754

(2) The adjusted valuation per pupil for a school district to	58755
which this section applies shall be calculated using the following	58756
formula:	58757

(The district's total taxable value for the tax year	58758
preceding the calendar year in which the current fiscal year	58759
begins / the district's formula ADM for the previous fiscal year)	58760
- [$30,000 x (1 - the district's income factor)].	58761

(D) At the request of the Ohio school facilities commission,	58762
the department of education shall report a district's total	58763
taxable value for the tax year preceding the calendar year in	58764
which the current fiscal year begins for any district to which	58765
this section applies as that information has been certified to the	58766
department by the tax commissioner pursuant to section 3317.021 of	58767
the Revised Code.	58768

Sec. 3319.031. Notwithstanding any provision of the Revised	58769
Code to the contrary, if the board of education of a city, local,	58770
or exempted village school district does not appoint a business	58771
manager under section 3319.03 of the Revised Code, the board may	58772
assign powers and duties specified in section 3319.04 of the	58773
Revised Code to one or more employees or officers of the board,	58774
including the treasurer, and may give the employees or officers	58775
any title recognizing the assignment of the powers and duties. The	58776
prohibition, in section 3319.04 of the Revised Code, against a	58777
business manager having possession of moneys does not prevent a	58778
board from assigning powers and duties specified in that section	58779
to the treasurer and does not prevent a treasurer who is assigned	58780
those powers and duties from exercising the powers and duties of	58781
treasurer. If the board assigns the duties of a business manager	58782
under section 3319.04 of the Revised Code to the treasurer, the	58783
treasurer shall not have the authority to make recommendations to	58784
appoint or discharge noneducational employees, except as provided	58785
under section 3313.31 of the Revised Code. Instead, the district	58786
superintendent shall be responsible for making recommendations,	58787
subject to confirmation by the board, for the appointment or	58788
discharge of noneducational employees.	58789

Sec. 3319.07. (A) The board of education of each city,	58790
exempted village, local, and joint vocational school district	58791
shall employ the teachers of the public schools of their	58792
respective districts.	58793

The governing board of each educational service center may	58794
employ special instruction teachers, special education teachers,	58795
and teachers of academic courses in which there are too few	58796
students in each of the school districts entering into agreements	58797
pursuant to section 3313.843 of the Revised Code to warrant each	58798
district's employing teachers for those courses.	58799

When any board makes appointments of teachers, the teachers	58800
in the employ of the board shall be considered before new teachers	58801
are chosen in their stead. In all school districts and in service	58802
centers, no teacher shall be employed unless such person is	58803
nominated by the superintendent of such district or center, or by	58804
another individual designated by the board in the event that the	58805
superintendent's nomination would be a violation of section	58806
2921.42 of the Revised Code. Such board, by a three-fourths vote	58807
of its full membership, may re-employ any teacher whom the	58808
superintendent refuses to appoint.	58809

(B) The board of education of any school district may	58810
contract with the governing board of the educational service	58811
center from which it otherwise receives services to conduct	58812
searches and recruitment of candidates for teacher positions.	58813

Sec. 3319.073. (A) The board of education of each city and	58814
exempted village school district and the governing board of each	58815
educational service center shall adopt or adapt the curriculum	58816
developed by the department of education for, or shall develop in	58817
consultation with public or private agencies or persons involved	58818
in child abuse prevention or intervention programs, a program of	58819
in-service training in the prevention of child abuse, violence,	58820
and substance abuse and the promotion of positive youth	58821
development. Each person employed by any school district or	58822
service center to work in a school as a nurse, teacher, counselor,	58823
school psychologist, or administrator shall complete at least four	58824
hours of the in-service training within two years of commencing	58825
employment with the district or center, and every five years	58826
thereafter. A person who is employed by any school district or	58827
service center to work in an elementary school as a nurse,	58828
teacher, counselor, school psychologist, or administrator on March	58829
30, 2007, shall complete at least four hours of the in-service	58830
training not later than March 30, 2009, and every five years	58831
thereafter. A person who is employed by any school district or	58832
service center to work in a middle or high school as a nurse,	58833
teacher, counselor, school psychologist, or administrator on	58834
October 16, 2009, shall complete at least four hours of the	58835
in-service training not later than October 16, 2011, and every	58836
five years thereafter.	58837

(B) Each board shall incorporate training in school safety	58838
and violence prevention, including human trafficking content, into	58839
the in-service training required by division (A) of this section.	58840
For this purpose, the board shall adopt or adapt the curriculum	58841
developed by the department or shall develop its own curriculum in	58842
consultation with public or private agencies or persons involved	58843
in school safety and violence prevention programs.	58844

(C) Each board shall incorporate training on the board's	58845
harassment, intimidation, or bullying policy adopted under section	58846
3313.666 of the Revised Code into the in-service training required	58847
by division (A) of this section. Each board also shall incorporate	58848
training in the prevention of dating violence into the in-service	58849
training required by that division for middle and high school	58850
employees. The board shall develop its own curricula for these	58851
purposes.	58852

(D) Each board shall incorporate training in youth suicide	58853
awareness and prevention into the in-service training required by	58854
division (A) of this section for each person employed by a school	58855
district or service center to work in a school as a nurse,	58856
teacher, counselor, school psychologist, or administrator, and any	58857
other personnel that the board determines appropriate. For this	58858
purpose, the board shall adopt or adapt the curriculum developed	58859
by the department or shall develop its own curriculum in	58860
consultation with public or private agencies or persons involved	58861
in youth suicide awareness and prevention programs.	58862

The training completed under this division shall count toward	58863
the satisfaction of requirements for professional development	58864
required by the school district or service center board, and the	58865
training may be accomplished through self-review of suitable	58866
suicide prevention materials approved by the board.	58867

Sec. 3319.0811. IfExcept as provided in section 3319.0812 of	58868
the Revised Code, if the board of education of a school district	58869
offers to students of compulsory school age courses for high	58870
school credit that are taught at times outside the district's	58871
normal school day, the board shall enter into supplemental	58872
contracts under section 3319.08 of the Revised Code with the	58873
teachers assigned to teach those courses and shall not include	58874
such assignment of duties within the teachers' regular employment	58875
contracts under that section.	58876

Sec. 3319.0812. (A) As used in this section, "extended	58877
programming" means extended programming as described in section	58878
3301.0725 of the Revised Code.	58879

(B) The board of education of a school district shall pay a	58880
licensed educator who is providing extended programming on an	58881
hourly basis at the regular per diem rate determined under the	58882
licensed educator's employment contract or collective bargaining	58883
agreement.	58884

(C) A licensed educator shall not provide more than eight	58885
hours of extended programming in a twenty-four-hour day.	58886

Sec. 3319.112. (A) Not later than December 31, 2011, the	58887
state board of education shall develop a standards-based state	58888
framework for the evaluation of teachers. The state board may	58889
update the framework periodically by adoption of a resolution. The	58890
framework shall establish an evaluation system that does the	58891
following:	58892

(1) Provides for multiple evaluation factors. One factor	58893
shall be student academic growth which shall account for ~~fifty~~	58894
thirty-five per cent of each evaluation. A school district may	58895
attribute an additional percentage to the academic growth factor,	58896
not to exceed fifteen per cent of each evaluation. When applicable	58897
to the grade level or subject area taught by a teacher, the	58898
value-added progress dimension established under section 3302.021	58899
of the Revised Code or an alternative student academic progress	58900
measure if adopted under division (C)(1)(e) of section 3302.03 of	58901
the Revised Code shall be used in the student academic growth	58902
portion of an evaluation in proportion to the part of a teacher's	58903
schedule of courses or subjects for which the value-added progress	58904
dimension is applicable.	58905

If a teacher's schedule is comprised only of courses or	58906
subjects for which the value-added progress dimension is	58907
applicable, one of the following applies:	58908

(a) Beginning with ~~the effective date of this amendment~~March	58909
22, 2013, until June 30, 2014, the majority of the student	58910
academic growth factor of the evaluation shall be based on the	58911
value-added progress dimension.	58912

(b) On or after July 1, 2014, the entire student academic	58913
growth factor of the evaluation shall be based on the value-added	58914
progress dimension. In calculating student academic growth for an	58915
evaluation, a student shall not be included if the student has	58916
~~sixty~~thirty or more excused or unexcused absences for the school	58917
year.	58918

(2) Is aligned with the standards for teachers adopted under	58919
section 3319.61 of the Revised Code;	58920

(3) Requires observation of the teacher being evaluated,	58921
including at least two formal observations by the evaluator of at	58922
least thirty minutes each and classroom walkthroughs;	58923

(4) Assigns a rating on each evaluation in accordance with	58924
division (B) of this section;	58925

(5) Requires each teacher to be provided with a written	58926
report of the results of the teacher's evaluation;	58927

(6) Identifies measures of student academic growth for grade	58928
levels and subjects for which the value-added progress dimension	58929
prescribed by section 3302.021 of the Revised Code or an	58930
alternative student academic progress measure if adopted under	58931
division (C)(1)(e) of section 3302.03 of the Revised Code does not	58932
apply;	58933

(7) Implements a classroom-level, value-added program	58934
developed by a nonprofit organization described in division (B) of	58935
section 3302.021 of the Revised Code or an alternative student	58936
academic progress measure if adopted under division (C)(1)(e) of	58937
section 3302.03 of the Revised Code;	58938

(8) Provides for professional development to accelerate and	58939
continue teacher growth and provide support to poorly performing	58940
teachers;	58941

(9) Provides for the allocation of financial resources to	58942
support professional development.	58943

(B) For purposes of the framework developed under this	58944
section, the state board also shall do the following:	58945

(1) Develop specific standards and criteria that distinguish	58946
between the following levels of performance for teachers and	58947
principals for the purpose of assigning ratings on the evaluations	58948
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	58949
of the Revised Code:	58950

(a) Accomplished;

58951

(b) Proficient;

58952

58953

(d) Ineffective.

58954

(2) For grade levels and subjects for which the assessments	58955
prescribed under sections 3301.0710 and 3301.0712 of the Revised	58956
Code and the value-added progress dimension prescribed by section	58957
3302.021 of the Revised Code, or alternative student academic	58958
progress measure, do not apply, develop a list of student	58959
assessments that measure mastery of the course content for the	58960
appropriate grade level, which may include nationally normed	58961
standardized assessments, industry certification examinations, or	58962
end-of-course examinations.	58963

(C) The state board shall consult with experts, teachers and	58964
principals employed in public schools, and representatives of	58965
stakeholder groups in developing the standards and criteria	58966
required by division (B)(1) of this section.	58967

(D) To assist school districts in developing evaluation	58968
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	58969
the Revised Code, the department shall do both of the following:	58970

(1) Serve as a clearinghouse of promising evaluation	58971
procedures and evaluation models that districts may use;	58972

(2) Provide technical assistance to districts in creating	58973
evaluation policies.	58974

(E) Not later than June 30, 2013, the state board, in	58975
consultation with state agencies that employ teachers, shall	58976
develop a standards-based framework for the evaluation of teachers	58977
employed by those agencies. Each state agency that employs	58978
teachers shall adopt a standards-based teacher evaluation policy	58979
that conforms with the framework developed under this division.	58980
The policy shall become operative at the expiration of any	58981
collective bargaining agreement covering teachers employed by the	58982
agency that is in effect on September 24, 2012, and shall be	58983
included in any renewal or extension of such an agreement.	58984
However, this division does not apply to any person who is	58985
employed as a substitute teacher or as an instructor of adult	58986
education.	58987

Sec. 3319.17. (A) As used in this section, "interdistrict	58988
contract" means any contract or agreement entered into by an	58989
educational service center governing board and another board or	58990
other public entity pursuant to section 3313.17, 3313.841,	58991
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	58992
Revised Code, including any such contract or agreement for the	58993
provision of services funded under division (E) of section	58994
3317.024 of the Revised Code ~~or provided in any unit approved~~	58995
~~under section 3317.05 of the Revised Code~~.	58996

(B) When, for any of the following reasons that apply to any	58997
city, exempted village, local, or joint vocational school district	58998
or any educational service center, the board decides that it will	58999
be necessary to reduce the number of teachers it employs, it may	59000
make a reasonable reduction:	59001

(1) In the case of any district or service center, return to	59002
duty of regular teachers after leaves of absence including	59003
suspension of schools, territorial changes affecting the district	59004
or center, or financial reasons;	59005

(2) In the case of any city, exempted village, local, or	59006
joint vocational school district, decreased enrollment of pupils	59007
in the district;	59008

(3) In the case of any governing board of a service center	59009
providing any particular service directly to pupils pursuant to	59010
one or more interdistrict contracts requiring such service,	59011
reduction in the total number of pupils the governing board is	59012
required to provide with the service under all interdistrict	59013
contracts as a result of the termination or nonrenewal of one or	59014
more of these interdistrict contracts;	59015

(4) In the case of any governing board providing any	59016
particular service that it does not provide directly to pupils	59017
pursuant to one or more interdistrict contracts requiring such	59018
service, reduction in the total level of the service the governing	59019
board is required to provide under all interdistrict contracts as	59020
a result of the termination or nonrenewal of one or more of these	59021
interdistrict contracts.	59022

(C) In making any such reduction, any city, exempted village,	59023
local, or joint vocational school board shall proceed to suspend	59024
contracts in accordance with the recommendation of the	59025
superintendent of schools who shall, within each teaching field	59026
affected, give preference to teachers on continuing contracts. The	59027
board shall not give preference to any teacher based on seniority,	59028
except when making a decision between teachers who have comparable	59029
evaluations.	59030

On a case-by-case basis, in lieu of suspending a contract in	59031
whole, a board may suspend a contract in part, so that an	59032
individual is required to work a percentage of the time the	59033
employee otherwise is required to work under the contract and	59034
receives a commensurate percentage of the full compensation the	59035
employee otherwise would receive under the contract.	59036

The teachers whose continuing contracts are suspended by any	59037
board pursuant to this section shall have the right of restoration	59038
to continuing service status by that board if and when teaching	59039
positions become vacant or are created for which any of such	59040
teachers are or become qualified. No teacher whose continuing	59041
contract has been suspended pursuant to this section shall lose	59042
that right of restoration to continuing service status by reason	59043
of having declined recall to a position that is less than	59044
full-time or, if the teacher was not employed full-time just prior	59045
to suspension of the teacher's continuing contract, to a position	59046
requiring a lesser percentage of full-time employment than the	59047
position the teacher last held while employed in the district or	59048
service center. Seniority shall not be the basis for rehiring a	59049
teacher, except when making a decision between teachers who have	59050
comparable evaluations.	59051

(D) Notwithstanding any provision to the contrary in Chapter	59052
4117. of the Revised Code:	59053

(1) The requirements of this section, as it existed prior to	59054
~~the effective date of this amendment~~September 29, 2011, prevail	59055
over any conflicting provisions of agreements between employee	59056
organizations and public employers entered into between September	59057
29, 2005, and ~~that effective date~~September 29, 2011;	59058

(2) The requirements of this section, as it exists on and	59059
after ~~the effective date of this amendment~~September 29, 2011,	59060
prevail over any conflicting provisions of agreements between	59061
employee organizations and public employers entered into on or	59062
after ~~that effective date~~September 29, 2011.	59063

Sec. 3319.22. (A)(1) The state board of education shall	59064
issue the following educator licenses:	59065

(a) A resident educator license, which shall be valid for	59066
four years, except that the state board, on a case-by-case basis,	59067
may extend the license's duration as necessary to enable the	59068
license holder to complete the Ohio teacher residency program	59069
established under section 3319.223 of the Revised Code;	59070

(b) A professional educator license, which shall be valid for	59071
five years and shall be renewable;	59072

(c) A senior professional educator license, which shall be	59073
valid for five years and shall be renewable;	59074

(d) A lead professional educator license, which shall be	59075
valid for five years and shall be renewable.	59076

(2) The state board may issue any additional educator	59077
licenses of categories, types, and levels the board elects to	59078
provide.	59079

(3) The state board shall adopt rules establishing the	59080
standards and requirements for obtaining each educator license	59081
issued under this section.	59082

(B) The rules adopted under this section shall require at	59083
least the following standards and qualifications for the educator	59084
licenses described in division (A)(1) of this section:	59085

(1) An applicant for a resident educator license shall hold	59086
at least a bachelor's degree from an accredited teacher	59087
preparation program or be a participant in the teach for America	59088
program and meet the qualifications required under section	59089
3319.227 of the Revised Code.	59090

(2) An applicant for a professional educator license shall:

59091

(a) Hold at least a bachelor's degree from an institution of	59092
higher education accredited by a regional accrediting	59093
organization;	59094

(b) Have successfully completed the Ohio teacher residency	59095
program established under section 3319.223 of the Revised Code, if	59096
the applicant's current or most recently issued license is a	59097
resident educator license issued under this section or an	59098
alternative resident educator license issued under section 3319.26	59099
of the Revised Code.	59100

(3) An applicant for a senior professional educator license	59101
shall:	59102

(a) Hold at least a master's degree from an institution of	59103
higher education accredited by a regional accrediting	59104
organization;	59105

(b) Have previously held a professional educator license	59106
issued under this section or section 3319.222 or under former	59107
section 3319.22 of the Revised Code;	59108

(c) Meet the criteria for the accomplished or distinguished	59109
level of performance, as described in the standards for teachers	59110
adopted by the state board under section 3319.61 of the Revised	59111
Code.	59112

(4) An applicant for a lead professional educator license	59113
shall:	59114

(a) Hold at least a master's degree from an institution of	59115
higher education accredited by a regional accrediting	59116
organization;	59117

(b) Have previously held a professional educator license or a	59118
senior professional educator license issued under this section or	59119
a professional educator license issued under section 3319.222 or	59120
former section 3319.22 of the Revised Code;	59121

(c) Meet the criteria for the distinguished level of	59122
performance, as described in the standards for teachers adopted by	59123
the state board under section 3319.61 of the Revised Code;	59124

(d) Either hold a valid certificate issued by the national	59125
board for professional teaching standards or meet the criteria for	59126
a master teacher or other criteria for a lead teacher adopted by	59127
the educator standards board under division (F)(4) or (5) of	59128
section 3319.61 of the Revised Code.	59129

(C) The state board shall align the standards and	59130
qualifications for obtaining a principal license with the	59131
standards for principals adopted by the state board under section	59132
3319.61 of the Revised Code.	59133

(D) If the state board requires any examinations for educator	59134
licensure, the department of education shall provide the results	59135
of such examinations received by the department to the chancellor	59136
of the Ohio board of regents, in the manner and to the extent	59137
permitted by state and federal law.	59138

(E) Any rules the state board of education adopts, amends, or	59139
rescinds for educator licenses under this section, division (D) of	59140
section 3301.07 of the Revised Code, or any other law shall be	59141
adopted, amended, or rescinded under Chapter 119. of the Revised	59142
Code except as follows:	59143

(1) Notwithstanding division (D) of section 119.03 and	59144
division (A)(1) of section 119.04 of the Revised Code, in the case	59145
of the adoption of any rule or the amendment or rescission of any	59146
rule that necessitates institutions' offering preparation programs	59147
for educators and other school personnel that are approved by the	59148
chancellor of the Ohio board of regents under section 3333.048 of	59149
the Revised Code to revise the curriculum of those programs, the	59150
effective date shall not be as prescribed in division (D) of	59151
section 119.03 and division (A)(1) of section 119.04 of the	59152
Revised Code. Instead, the effective date of such rules, or the	59153
amendment or rescission of such rules, shall be the date	59154
prescribed by section 3333.048 of the Revised Code.	59155

(2) Notwithstanding the authority to adopt, amend, or rescind	59156
emergency rules in division (F) of section 119.03 of the Revised	59157
Code, this authority shall not apply to the state board of	59158
education with regard to rules for educator licenses.	59159

(F)(1) The rules adopted under this section establishing	59160
standards requiring additional coursework for the renewal of any	59161
educator license shall require a school district and a chartered	59162
nonpublic school to establish local professional development	59163
committees. In a nonpublic school, the chief administrative	59164
officer shall establish the committees in any manner acceptable to	59165
such officer. The committees established under this division shall	59166
determine whether coursework that a district or chartered	59167
nonpublic school teacher proposes to complete meets the	59168
requirement of the rules. The department of education shall	59169
provide technical assistance and support to committees as the	59170
committees incorporate the professional development standards	59171
adopted by the state board of education pursuant to section	59172
3319.61 of the Revised Code into their review of coursework that	59173
is appropriate for license renewal. The rules shall establish a	59174
procedure by which a teacher may appeal the decision of a local	59175
professional development committee.	59176

(2) In any school district in which there is no exclusive	59177
representative established under Chapter 4117. of the Revised	59178
Code, the professional development committees shall be established	59179
as described in division (F)(2) of this section.	59180

Not later than the effective date of the rules adopted under	59181
this section, the board of education of each school district shall	59182
establish the structure for one or more local professional	59183
development committees to be operated by such school district. The	59184
committee structure so established by a district board shall	59185
remain in effect unless within thirty days prior to an anniversary	59186
of the date upon which the current committee structure was	59187
established, the board provides notice to all affected district	59188
employees that the committee structure is to be modified.	59189
Professional development committees may have a district-level or	59190
building-level scope of operations, and may be established with	59191
regard to particular grade or age levels for which an educator	59192
license is designated.	59193

Each professional development committee shall consist of at	59194
least three classroom teachers employed by the district, one	59195
principal employed by the district, and one other employee of the	59196
district appointed by the district superintendent. For committees	59197
with a building-level scope, the teacher and principal members	59198
shall be assigned to that building, and the teacher members shall	59199
be elected by majority vote of the classroom teachers assigned to	59200
that building. For committees with a district-level scope, the	59201
teacher members shall be elected by majority vote of the classroom	59202
teachers of the district, and the principal member shall be	59203
elected by a majority vote of the principals of the district,	59204
unless there are two or fewer principals employed by the district,	59205
in which case the one or two principals employed shall serve on	59206
the committee. If a committee has a particular grade or age level	59207
scope, the teacher members shall be licensed to teach such grade	59208
or age levels, and shall be elected by majority vote of the	59209
classroom teachers holding such a license and the principal shall	59210
be elected by all principals serving in buildings where any such	59211
teachers serve. The district superintendent shall appoint a	59212
replacement to fill any vacancy that occurs on a professional	59213
development committee, except in the case of vacancies among the	59214
elected classroom teacher members, which shall be filled by vote	59215
of the remaining members of the committee so selected.	59216

Terms of office on professional development committees shall	59217
be prescribed by the district board establishing the committees.	59218
The conduct of elections for members of professional development	59219
committees shall be prescribed by the district board establishing	59220
the committees. A professional development committee may include	59221
additional members, except that the majority of members on each	59222
such committee shall be classroom teachers employed by the	59223
district. Any member appointed to fill a vacancy occurring prior	59224
to the expiration date of the term for which a predecessor was	59225
appointed shall hold office as a member for the remainder of that	59226
term.	59227

The initial meeting of any professional development	59228
committee, upon election and appointment of all committee members,	59229
shall be called by a member designated by the district	59230
superintendent. At this initial meeting, the committee shall	59231
select a chairperson and such other officers the committee deems	59232
necessary, and shall adopt rules for the conduct of its meetings.	59233
Thereafter, the committee shall meet at the call of the	59234
chairperson or upon the filing of a petition with the district	59235
superintendent signed by a majority of the committee members	59236
calling for the committee to meet.	59237

(3) In the case of a school district in which an exclusive	59238
representative has been established pursuant to Chapter 4117. of	59239
the Revised Code, professional development committees shall be	59240
established in accordance with any collective bargaining agreement	59241
in effect in the district that includes provisions for such	59242
committees.	59243

If the collective bargaining agreement does not specify a	59244
different method for the selection of teacher members of the	59245
committees, the exclusive representative of the district's	59246
teachers shall select the teacher members.	59247

If the collective bargaining agreement does not specify a	59248
different structure for the committees, the board of education of	59249
the school district shall establish the structure, including the	59250
number of committees and the number of teacher and administrative	59251
members on each committee; the specific administrative members to	59252
be part of each committee; whether the scope of the committees	59253
will be district levels, building levels, or by type of grade or	59254
age levels for which educator licenses are designated; the lengths	59255
of terms for members; the manner of filling vacancies on the	59256
committees; and the frequency and time and place of meetings.	59257
However, in all cases, except as provided in division (F)(4) of	59258
this section, there shall be a majority of teacher members of any	59259
professional development committee, there shall be at least five	59260
total members of any professional development committee, and the	59261
exclusive representative shall designate replacement members in	59262
the case of vacancies among teacher members, unless the collective	59263
bargaining agreement specifies a different method of selecting	59264
such replacements.	59265

(4) Whenever an administrator's coursework plan is being	59266
discussed or voted upon, the local professional development	59267
committee shall, at the request of one of its administrative	59268
members, cause a majority of the committee to consist of	59269
administrative members by reducing the number of teacher members	59270
voting on the plan.	59271

(G)(1) The department of education, educational service	59272
centers, county boards of developmental disabilities, regional	59273
professional development centers, special education regional	59274
resource centers, college and university departments of education,	59275
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	59276
education computer network may establish local professional	59277
development committees to determine whether the coursework	59278
proposed by their employees who are licensed or certificated under	59279
this section or section 3319.222 of the Revised Code, or under the	59280
former version of either section as it existed prior to October	59281
16, 2009, meet the requirements of the rules adopted under this	59282
section. They may establish local professional development	59283
committees on their own or in collaboration with a school district	59284
or other agency having authority to establish them.	59285

Local professional development committees established by	59286
county boards of developmental disabilities shall be structured in	59287
a manner comparable to the structures prescribed for school	59288
districts in divisions (F)(2) and (3) of this section, as shall	59289
the committees established by any other entity specified in	59290
division (G)(1) of this section that provides educational services	59291
by employing or contracting for services of classroom teachers	59292
licensed or certificated under this section or section 3319.222 of	59293
the Revised Code, or under the former version of either section as	59294
it existed prior to October 16, 2009. All other entities specified	59295
in division (G)(1) of this section shall structure their	59296
committees in accordance with guidelines which shall be issued by	59297
the state board.	59298

(2) Any public agency that is not specified in division	59299
(G)(1) of this section but provides educational services and	59300
employs or contracts for services of classroom teachers licensed	59301
or certificated under this section or section 3319.222 of the	59302
Revised Code, or under the former version of either section as it	59303
existed prior to October 16, 2009, may establish a local	59304
professional development committee, subject to the approval of the	59305
department of education. The committee shall be structured in	59306
accordance with guidelines issued by the state board.	59307

Sec. 3319.235. (A) The standards for the preparation of	59308
teachers adopted under section 3333.048 of the Revised Code shall	59309
require any institution that provides a course of study for the	59310
training of teachers to ensure that graduates of such course of	59311
study are skilled at integrating educational technology in the	59312
instruction of children, as evidenced by the graduate having	59313
either demonstrated proficiency in such skills in a manner	59314
prescribed by the department of education or completed a course	59315
that includes training in such skills.	59316

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	59317
regents, in consultation with the department of education, shall	59318
establish model professional development programs to assist	59319
teachers who completed their teacher preparation prior to the	59320
effective date of division (A) of this section to become skilled	59321
at integrating educational technology in the instruction of	59322
children. The ~~commission~~chancellor shall provide technical	59323
assistance to school districts wishing to establish such programs.	59324

Sec. 3319.57. (A) A grant program is hereby established	59325
under which the department of education shall award grants to	59326
assist certain schools in a city, exempted village, local, or	59327
joint vocational school district in implementing one of the	59328
following innovations:	59329

(1) The use of instructional specialists to mentor and	59330
support classroom teachers;	59331

(2) The use of building managers to supervise the	59332
administrative functions of school operation so that a school	59333
principal can focus on supporting instruction, providing	59334
instructional leadership, and engaging teachers as part of the	59335
instructional leadership team;	59336

(3) The reconfiguration of school leadership structure in a	59337
manner that allows teachers to serve in leadership roles so that	59338
teachers may share the responsibility for making and implementing	59339
school decisions;	59340

(4) The adoption of new models for restructuring the school	59341
day or school year, such as including teacher planning and	59342
collaboration time as part of the school day;	59343

(5) The creation of smaller schools or smaller units within	59344
larger schools for the purpose of facilitating teacher	59345
collaboration to improve and advance the professional practice of	59346
teaching;	59347

(6) The implementation of "grow your own" recruitment	59348
strategies that are designed to assist individuals who show a	59349
commitment to education become licensed teachers, to assist	59350
experienced teachers obtain licensure in subject areas for which	59351
there is need, and to assist teachers in becoming principals;	59352

(7) The provision of better conditions for new teachers, such	59353
as reduced teaching load and reduced class size;	59354

(8) The provision of incentives to attract qualified	59355
mathematics, science, or special education teachers;	59356

(9) The development and implementation of a partnership with	59357
teacher preparation programs at colleges and universities to help	59358
attract teachers qualified to teach in shortage areas;	59359

(10) The implementation of a program to increase the cultural	59360
competency of both new and veteran teachers;	59361

(11) The implementation of a program to increase the subject	59362
matter competency of veteran teachers.	59363

(B) To qualify for a grant to implement one of the	59364
innovations described in division (A) of this section, a school	59365
must meet both of the following criteria:	59366

(1) Be hard to staff, as defined by the department.

59367

(2) Use existing school district funds for the implementation	59368
of the innovation in an amount equal to the grant amount	59369
multiplied by (1 - the district's state share ~~percentage~~index for	59370
the fiscal year in which the grant is awarded).	59371

For purposes of division (B)(2) of this section, "state share	59372
~~percentage~~index" has the same meaning as in section 3317.02 of	59373
the Revised Code.	59374

(C) The amount and number of grants awarded under this	59375
section shall be determined by the department based on any	59376
appropriations made by the general assembly for grants under this	59377
section.	59378

(D) The state board of education shall adopt rules for the	59379
administration of this grant program.	59380

Sec. 3319.58. (A) As used in this section, "core subject	59381
area" has the same meaning as in section 3319.074 of the Revised	59382
Code.	59383

(B) Each year, beginning with the 2015-2016 school year, the	59384
board of education of each city, exempted village, local, and	59385
joint vocational school district shall require each classroom	59386
teacher who is currently teaching in a core subject area and has	59387
received a rating of ineffective on the evaluations conducted	59388
under section 3319.111 of the Revised Code for two of the three	59389
most recent school years to register for and take all written	59390
examinations of content knowledge selected by the department of	59391
education as appropriate to determine expertise to teach that core	59392
subject area and the grade level to which the teacher is assigned.	59393

(C) Each year, beginning with the 2015-2016 school year, the	59394
governing authority of each community school established under	59395
Chapter 3314. of the Revised Code, except a community school to	59396
which section 3314.017 of the Revised Code applies or a community	59397
school described in division (A)(4)(b) of section 3314.35 of the	59398
Revised Code, and governing body of each STEM school established	59399
under Chapter 3326. of the Revised Code with a building ranked in	59400
the lowest ten per cent of all public school buildings according	59401
to performance index score, under section 3302.21 of the Revised	59402
Code, shall require each classroom teacher currently teaching in a	59403
core subject area in such a building to register for and take all	59404
written examinations of content knowledge selected by the	59405
department as appropriate to determine expertise to teach that	59406
core subject area and the grade level to which the teacher is	59407
assigned.	59408

(D) If a teacher who takes an examination under division (B)	59409
of this section passes that examination and provides proof of that	59410
passage to the teacher's employer, the employer shall require the	59411
teacher, at the teacher's expense, to complete professional	59412
development that is targeted to the deficiencies identified in the	59413
teacher's evaluations conducted under section 3319.111 of the	59414
Revised Code. The receipt by the teacher of a rating of	59415
ineffective on the teacher's next evaluation after completion of	59416
the professional development, or the failure of the teacher to	59417
complete the professional development, shall be grounds for	59418
termination of the teacher under section 3319.16 of the Revised	59419
Code.	59420

(E) If a teacher who takes an examination under this section	59421
passes that examination and provides proof of that passage to the	59422
teacher's employer, the teacher shall not be required to take the	59423
examination again for three years, regardless of the teacher's	59424
evaluation ratings or the performance index score ranking of the	59425
building in which the teacher teaches. No teacher shall be	59426
responsible for the cost of taking an examination under this	59427
section.	59428

(F) Each district board of education, each community school	59429
governing authority, and each STEM school governing body may use	59430
the results of a teacher's examinations required under division	59431
(B) or (C) of this section in developing and revising professional	59432
development plans and in deciding whether or not to continue	59433
employing the teacher in accordance with the provisions of this	59434
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	59435
decision to terminate or not to renew a teacher's employment	59436
contract shall be made solely on the basis of the results of a	59437
teacher's examination under this section until and unless the	59438
teacher has not attained a passing score on the same required	59439
examination for at least three consecutive administrations of that	59440
examination.	59441

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	59442
"guardian," or "other person having charge or care of a child"	59443
means either parent unless the parents are separated or divorced	59444
or their marriage has been dissolved or annulled, in which case	59445
"parent" means the parent who is the residential parent and legal	59446
custodian of the child. If the child is in the legal or permanent	59447
custody of a person or government agency, "parent" means that	59448
person or government agency. When a child is a resident of a home,	59449
as defined in section 3313.64 of the Revised Code, and the child's	59450
parent is not a resident of this state, "parent," "guardian," or	59451
"other person having charge or care of a child" means the head of	59452
the home.	59453

A child between six and eighteen years of age is "of	59454
compulsory school age" for the purpose of sections 3321.01 to	59455
3321.13 of the Revised Code. A child under six years of age who	59456
has been enrolled in kindergarten also shall be considered "of	59457
compulsory school age" for the purpose of sections 3321.01 to	59458
3321.13 of the Revised Code unless at any time the child's parent	59459
or guardian, at the parent's or guardian's discretion and in	59460
consultation with the child's teacher and principal, formally	59461
withdraws the child from kindergarten. The compulsory school age	59462
of a child shall not commence until the beginning of the term of	59463
such schools, or other time in the school year fixed by the rules	59464
of the board of the district in which the child resides.	59465

(2) No child shall be admitted to a kindergarten or a first	59466
grade of a public school in a district in which all children are	59467
admitted to kindergarten and the first grade in August or	59468
September unless the child is five or six years of age,	59469
respectively, by the thirtieth day of September of the year of	59470
admittance, or by the first day of a term or semester other than	59471
one beginning in August or September in school districts granting	59472
admittance at the beginning of such term or semester, unless the	59473
child has been recommended for early admittance in accordance with	59474
the district's acceleration policy adopted under section 3324.10	59475
of the Revised Code. A child who does not meet the age requirement	59476
for admittance to kindergarten or first grade shall be evaluated	59477
for early admittance upon referral by the child's parent or	59478
guardian, an educator employed by the district, a preschool	59479
educator who knows the child, or a pediatrician or psychologist	59480
who knows the child.	59481

(3) Notwithstanding division (A)(2) of this section,	59482
beginning with the school year that starts in 2001 and continuing	59483
thereafter the board of education of any district may adopt a	59484
resolution establishing the first day of August in lieu of the	59485
thirtieth day of September as the required date by which students	59486
must have attained the age specified in that division.	59487

(4) After a student has been admitted to kindergarten in a	59488
school district or chartered nonpublic school, no board of	59489
education of a school district to which the student transfers	59490
shall deny that student admission based on the student's age.	59491

(B) As used in division (C) of this section, "successfully	59492
completed kindergarten" means that the child has completed the	59493
kindergarten requirements at one of the following:	59494

(1) A public or chartered nonpublic school;

59495

(2) A kindergarten class that is both of the following:

59496

(a) Offered by a day-care provider licensed under Chapter	59497
5104. of the Revised Code;	59498

(b) If offered after July 1, 1991, is directly taught by a	59499
teacher who holds one of the following:	59500

(i) A valid educator license issued under section 3319.22 of	59501
the Revised Code;	59502

(ii) A Montessori preprimary credential or age-appropriate	59503
diploma granted by the American Montessori society or the	59504
association Montessori internationale;	59505

(iii) Certification determined under division (F) of this	59506
section to be equivalent to that described in division	59507
(B)(2)(b)(ii) of this section;	59508

(iv) Certification for teachers in nontax-supported schools	59509
pursuant to section 3301.071 of the Revised Code.	59510

(C) Except as provided in division (A)(2) of this section, no	59511
school district shall admit to the first grade any child who has	59512
not successfully completed kindergarten.	59513

(D) The scheduling of times for kindergarten classes and	59514
length of the school day for kindergarten shall be determined by	59515
the board of education of a city, exempted village, or local	59516
school district.	59517

(E) Any kindergarten class offered by a day-care provider or	59518
school described by division (B)(1) or (B)(2)(a) of this section	59519
shall be developmentally appropriate.	59520

(F) Upon written request of a day-care provider described by	59521
division (B)(2)(a) of this section, the department of education	59522
shall determine whether certification held by a teacher employed	59523
by the provider meets the requirement of division (B)(2)(b)(iii)	59524
of this section and, if so, shall furnish the provider a statement	59525
to that effect.	59526

(G) As used in this division, "all-day kindergarten" has the	59527
same meaning as in section 3321.05 of the Revised Code.	59528

(1) ~~Any~~A school district ~~that did not receive for fiscal~~	59529
~~year 2009 poverty-based assistance for all-day kindergarten under~~	59530
~~division (D) of section 3317.029 of the Revised Code~~ may charge	59531
fees or tuition for ~~students~~a student enrolled in all-day	59532
kindergarten only so long as the student is reported as less than	59533
one full-time equivalent student under division (A) of section	59534
3317.03 of the Revised Code. If a district charges fees or tuition	59535
for all-day kindergarten under this division, the district shall	59536
develop a sliding fee scale based on family incomes.	59537

(2) The department of education shall conduct an annual	59538
survey of each school district described in division (G)(1) of	59539
this section to determine the following:	59540

(a) Whether the district charges fees or tuition for students	59541
enrolled in all-day kindergarten;	59542

(b) The amount of the fees or tuition charged;

59543

(c) How many of the students for whom tuition is charged are	59544
eligible for free lunches under the "National School Lunch Act,"	59545
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	59546
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	59547
and how many of the students for whom tuition is charged are	59548
eligible for reduced price lunches under those acts;	59549

(d) How many students are enrolled in traditional half-day	59550
kindergarten rather than all-day kindergarten.	59551

Each district shall report to the department, in the manner	59552
prescribed by the department, the information described in	59553
divisions (G)(2)(a) to (d) of this section.	59554

The department shall issue an annual report on the results of	59555
the survey and shall post the report on its web site. The	59556
department shall issue the first report not later than April 30,	59557
2008, and shall issue a report not later than the thirtieth day of	59558
April each year thereafter.	59559

Sec. 3321.05. (A) As used in this section, "all-day	59560
kindergarten" means a kindergarten class that is in session ~~five~~	59561
~~days per week~~ for not less than the same number of clock hours	59562
each ~~day~~week as for students in grades one through six.	59563

(B) Any school district may operate all-day kindergarten or	59564
extended kindergarten, but no district shall require any student	59565
to attend kindergarten for more than the number of clock hours	59566
required each day for traditional kindergarten by the minimum	59567
standards adopted under division (D) of section 3301.07 of the	59568
Revised Code. Each school district that operates all-day or	59569
extended kindergarten shall accommodate kindergarten students	59570
whose parents or guardians elect to enroll them for the minimum	59571
number of hours.	59572

(C) A school district may use space in child day-care centers	59573
licensed under Chapter 5104. of the Revised Code to provide	59574
all-day kindergarten under this section.	59575

Sec. 3323.021. As used in this section, "participating	59576
county DD board" means a county board of developmental	59577
disabilities electing to participate in the provision of or	59578
contracting for educational services for children under division	59579
(D) of section 5126.05 of the Revised Code.	59580

(A) When a school district, educational service center, or	59581
participating county DD board enters into an agreement or contract	59582
with another school district, educational service center, or	59583
participating county DD board to provide educational services to a	59584
disabled child during a school year, both of the following shall	59585
apply:	59586

(1) Beginning with fiscal year 1999, if the provider of the	59587
services intends to increase the amount it charges for some or all	59588
of those services during the next school year or if the provider	59589
intends to cease offering all or part of those services during the	59590
next school year, the provider shall notify the entity for which	59591
the services are provided of these intended changes no later than	59592
the first day of March of the current fiscal year.	59593

(2) Beginning with fiscal year 1999, if the entity for which	59594
services are provided intends to cease obtaining those services	59595
from the provider for the next school year or intends to change	59596
the type or amount of services it obtains from the provider for	59597
the next school year, the entity shall notify the service provider	59598
of these intended changes no later than the first day of March of	59599
the current fiscal year.	59600

(B) School districts, educational service centers,	59601
participating county DD boards, and other applicable governmental	59602
entities shall collaborate where possible to maximize federal	59603
sources of revenue to provide additional funds for special	59604
education related services for disabled children. Annually, each	59605
school district shall report to the department of education any	59606
amounts of ~~money~~such federal revenue the district received	59607
~~through such medical assistance program~~.	59608

(C) The state board of education, the department of	59609
developmental disabilities, and the department of ~~job and family~~	59610
~~services~~medicaid shall develop working agreements for pursuing	59611
additional funds for services for disabled children.	59612

Sec. 3323.03. The state board of education shall, in	59613
consultation with the department of health, the department of	59614
~~mental health~~mental health and addiction services, and the	59615
department of developmental disabilities, establish standards and	59616
procedures for the identification, location, and evaluation of all	59617
children with disabilities residing in the state, including	59618
children with disabilities who are homeless children or are wards	59619
of the state and children with disabilities attending nonpublic	59620
schools, regardless of the severity of their disabilities, and who	59621
are in need of special education and related services. The state	59622
board shall develop and implement a practical method to determine	59623
which children with disabilities are currently receiving needed	59624
special education and related services.	59625

In conducting the evaluation, the board of education of each	59626
school district shall use a variety of assessment tools and	59627
strategies to gather relevant functional, developmental, and	59628
academic information about the child, including information	59629
provided by the child's parent. The board of education of each	59630
school district, in consultation with the county DD board, the	59631
county family and children first council, and the board of	59632
alcohol, drug addiction, and mental health services of each county	59633
in which the school district has territory, shall identify,	59634
locate, and evaluate all children with disabilities residing	59635
within the district to determine which children with disabilities	59636
are not receiving appropriate special education and related	59637
services. In addition, the board of education of each school	59638
district, in consultation with such county boards or council,	59639
shall identify, locate, and evaluate all children with	59640
disabilities who are enrolled by their parents in nonpublic	59641
elementary and secondary schools located within the public school	59642
district, without regard to where those children reside in	59643
accordance with rules of the state board of education or	59644
guidelines of the superintendent of public instruction.	59645

Each county DD board, county family and children first	59646
council, and board of alcohol, drug addiction, and mental health	59647
services and the board's or council's contract agencies may	59648
transmit to boards of education the names and addresses of	59649
children with disabilities who are not receiving appropriate	59650
special education and related services.	59651

Sec. 3323.04. The state board of education, in consultation	59652
with the department of ~~mental health~~mental health and addiction	59653
services and the department of developmental disabilities, shall	59654
establish procedures and standards for the development of	59655
individualized education programs for children with disabilities.	59656

The state board shall require the board of education of each	59657
school district to develop an individualized education program for	59658
each child with a disability who is at least three years of age	59659
and less than twenty-two years of age residing in the district in	59660
a manner that is in accordance with rules of the state board.	59661

Prior to the placement of a child with a disability in a	59662
program operated under section 3323.09 of the Revised Code, the	59663
district board of education shall consult the county DD board of	59664
the county in which the child resides regarding the proposed	59665
placement.	59666

A child with a disability enrolled in a nonpublic school or	59667
facility shall be provided special education and related services,	59668
in accordance with an individualized education program, at no cost	59669
for those services, if the child is placed in, or referred to,	59670
that nonpublic school or facility by the department of education	59671
or a school district.	59672

The IEP team shall review the individualized education	59673
program of each child with a disability periodically, but at least	59674
annually, to determine whether the annual goals for the child are	59675
being achieved, and shall revise the individualized education	59676
program as appropriate.	59677

The state board shall establish procedures and standards to	59678
assure that to the maximum extent appropriate, children with	59679
disabilities, including children in public or private institutions	59680
or other care facilities, shall be educated with children who are	59681
not disabled. Special classes, separate schools, or other removal	59682
of children with disabilities from the regular educational	59683
environment shall be used only when the nature or severity of a	59684
child's disability is such that education in regular classes with	59685
supplementary aids and services cannot be achieved satisfactorily.	59686

If an agency directly affected by a placement decision	59687
objects to such decision, an impartial hearing officer, appointed	59688
by the department of education from a list prepared by the	59689
department, shall conduct a hearing to review the placement	59690
decision. The agencies that are parties to a hearing shall divide	59691
the costs of such hearing equally. The decision of the hearing	59692
officer shall be final, except that any party to the hearing who	59693
is aggrieved by the findings or the decision of the hearing	59694
officer may appeal the findings or decision in accordance with	59695
division (H) of section 3323.05 of the Revised Code or the parent	59696
of any child affected by such decision may present a complaint in	59697
accordance with that section.	59698

Sec. 3323.07. The state board of education shall authorize	59699
the establishment and maintenance of special education and related	59700
services for all children with disabilities who are at least three	59701
years of age and less than twenty-two years of age, including	59702
children with disabilities who have been suspended or expelled	59703
from school, and may authorize special education and related	59704
services for children with disabilities who are less than three	59705
years of age in accordance with rules adopted by the state board.	59706
The state board shall require the boards of education of school	59707
districts, shall authorize the department of ~~mental health~~mental	59708
health and addiction services and the department of developmental	59709
disabilities, and may authorize any other educational agency, to	59710
establish and maintain such special education and related services	59711
in accordance with standards adopted by the state board.	59712

Sec. 3323.08. (A) Each school district shall submit a plan	59713
to the superintendent of public instruction that provides	59714
assurances that the school district will provide for the education	59715
of children with disabilities within its jurisdiction and has in	59716
effect policies, procedures, and programs that are consistent with	59717
the policies and procedures adopted by the state board of	59718
education in accordance with section 612 of the "Individuals with	59719
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	59720
and that meet the conditions applicable to school districts under	59721
section 613 of that act, 20 U.S.C. 1413.	59722

Each district's plan shall do all of the following:

59723

(1) Provide, as specified in section 3323.11 of the Revised	59724
Code and in accordance with standards established by the state	59725
board, for an organizational structure and necessary and qualified	59726
staffing and supervision for the identification of and provision	59727
of special education and related services for children with	59728
disabilities;	59729

(2) Provide, as specified by section 3323.03 of the Revised	59730
Code and in accordance with standards established by the state	59731
board, for the identification, location, and evaluation of all	59732
children with disabilities residing in the district, including	59733
children with disabilities who are homeless children or are wards	59734
of the state and children with disabilities attending private	59735
schools and who are in need of special education and related	59736
services. A practical method shall be developed and implemented to	59737
determine which children with disabilities are currently receiving	59738
needed special education and related services.	59739

(3) Provide, as specified by section 3323.07 of the Revised	59740
Code and standards established by the state board, for the	59741
establishment and maintenance of special education and related	59742
services for children with disabilities who are at least three	59743
years of age and less than twenty-two years of age, including	59744
children with disabilities who have been suspended or expelled	59745
from school.	59746

(4) Provide, as specified by section 3323.04 of the Revised	59747
Code and in accordance with standards adopted by the state board,	59748
for an individualized education program for each child with a	59749
disability who is at least three years of age and less than	59750
twenty-two years of age residing within the district;	59751

(5) Provide, as specified by section 3323.02 of the Revised	59752
Code and in accordance with standards established by the state	59753
board, for special education and related services and a free	59754
appropriate public education for every child with a disability who	59755
is at least three years of age and less than twenty-two years of	59756
age, including children with disabilities who have been suspended	59757
or expelled from school;	59758

(6) Provide procedural safeguards and prior written notice as	59759
required under section 3323.05 of the Revised Code and the	59760
standards established by the state board;	59761

(7) Outline the steps that have been or are being taken to	59762
comply with standards established by the state board.	59763

(B)(1) A school district may arrange, by a cooperative	59764
agreement or contract with one or more school districts or with a	59765
cooperative education or joint vocational school district or an	59766
educational service center, to provide for the identification,	59767
location, and evaluation of children with disabilities, and to	59768
provide special education and related services for such children	59769
that meet the standards established by the state board. A school	59770
district may arrange, by a cooperative agreement or contract, for	59771
the provision of related services for children with disabilities	59772
that meet the standards established by the state board.	59773

(2) A school district shall arrange by interagency agreement	59774
with one or more school districts or with a cooperative education	59775
or joint vocational school district or an educational service	59776
center or other providers of early learning services to provide	59777
for the identification, location, evaluation of children with	59778
disabilities of ages birth through five years of age and for the	59779
transition of children with disabilities at age three in	59780
accordance with the standards established by the state board. A	59781
school district may arrange by interagency agreement with	59782
providers of early learning services to provide special education	59783
and related services for such children that meet the standards	59784
established by the state board.	59785

(3) If at the time an individualized education program is	59786
developed for a child a school district is not providing special	59787
education and related services required by that individualized	59788
education program, the school district may arrange by contract	59789
with a nonpublic entity for the provision of the special education	59790
and related services, provided the special education and related	59791
services meet the standards for special education and related	59792
services established by the state board and is provided within the	59793
state.	59794

(4) Any cooperative agreement or contract under division	59795
(B)(1) or (2) of this section involving a local school district	59796
shall be approved by the governing board of the educational	59797
service center which serves that district.	59798

(C) No plan of a local school district shall be submitted to	59799
the superintendent of public instruction until it has been	59800
approved by the superintendent of the educational service center	59801
which serves that district.	59802

(D) Upon approval of a school district's plan by the	59803
superintendent of public instruction, the district shall	59804
immediately certify students for state funds under section 3317.03	59805
of the Revised Code to implement and maintain such plan. ~~The~~	59806
~~district also shall request approval of classroom units under~~	59807
~~division (B) of section 3317.05 of the Revised Code for which the~~	59808
~~district has adequately identified preschool children with~~	59809
~~disabilities and shall, in accordance with procedures adopted by~~	59810
~~the state board, request approval of units under division (C) of~~	59811
~~section 3317.05 of the Revised Code.~~ The district shall, in	59812
accordance with guidelines adopted by the state board, identify	59813
problems relating to the provision of qualified personnel and	59814
adequate facilities, and indicate the extent to which the cost of	59815
programs required under the plan will exceed anticipated state	59816
reimbursement. Each school district shall immediately implement	59817
the identification, location, and evaluation of children with	59818
disabilities in accordance with this chapter, and shall implement	59819
those parts of the plan involving placement and provision of	59820
special education and related services.	59821

Sec. 3323.09. (A) As used in this section:

59822

(1) "Home" has the meaning given in section 3313.64 of the	59823
Revised Code.	59824

(2) "Preschool child" means a child who is at least age three	59825
but under age six on the thirtieth day of September of an academic	59826
year.	59827

(B) Each county DD board shall establish special education	59828
programs for all children with disabilities who in accordance with	59829
section 3323.04 of the Revised Code have been placed in special	59830
education programs operated by the county board and for preschool	59831
children who are developmentally delayed or at risk of being	59832
developmentally delayed. The board annually shall submit to the	59833
department of education a plan for the provision of these programs	59834
~~and, if applicable, a request for approval of units under section~~	59835
~~3317.05 of the Revised Code~~. The superintendent of public	59836
instruction shall review the plan and approve or modify it in	59837
accordance with rules adopted by the state board of education	59838
under section 3301.07 of the Revised Code. The superintendent of	59839
public instruction shall compile the plans submitted by county	59840
boards and shall submit a comprehensive plan to the state board.	59841

A county DD board may combine transportation for children	59842
enrolled in classes funded under ~~section~~sections 3317.0213 or	59843
3317.20 ~~or units approved under section 3317.05~~ with	59844
transportation for children and adults enrolled in programs and	59845
services offered by the board under Chapter 5126. of the Revised	59846
Code.	59847

(C) A county DD board that during the school year provided	59848
special education pursuant to this section for any child with	59849
mental disabilities under twenty-two years of age shall prepare	59850
and submit the following reports and statements:	59851

(1) The board shall prepare a statement for each child who at	59852
the time of receiving such special education was a resident of a	59853
home and was not in the legal or permanent custody of an Ohio	59854
resident or a government agency in this state, and whose natural	59855
or adoptive parents are not known to have been residents of this	59856
state subsequent to the child's birth. The statement shall contain	59857
the child's name, the name of the child's school district of	59858
residence, the name of the county board providing the special	59859
education, and the number of months, including any fraction of a	59860
month, it was provided. Not later than the thirtieth day of June,	59861
the board shall forward a certified copy of such statement to both	59862
the director of developmental disabilities and to the home.	59863

Within thirty days after its receipt of a statement, the home	59864
shall pay tuition to the county board computed in the manner	59865
prescribed by section 3323.141 of the Revised Code.	59866

(2) The board shall prepare a report for each school district	59867
that is the school district of residence of one or more of such	59868
children for whom statements are not required by division (C)(1)	59869
of this section. The report shall contain the name of the county	59870
board providing special education, the name of each child	59871
receiving special education, the number of months, including	59872
fractions of a month, that the child received it, and the name of	59873
the child's school district of residence. Not later than the	59874
thirtieth day of June, the board shall forward certified copies of	59875
each report to the school district named in the report, the	59876
superintendent of public instruction, and the director of	59877
developmental disabilities.	59878

Sec. 3323.091. (A) The department of ~~mental health~~mental	59879
health and addiction services, the department of developmental	59880
disabilities, the department of youth services, and the department	59881
of rehabilitation and correction shall establish and maintain	59882
special education programs for children with disabilities in	59883
institutions under their jurisdiction according to standards	59884
adopted by the state board of education.	59885

(B) ~~The superintendent of each state institution required to~~	59886
~~provide services under division (A) of this section, and each~~	59887
~~county DD board, providing special education for preschool~~	59888
~~children with disabilities under this chapter may apply to the~~	59889
~~state department of education for unit funding, which shall be~~	59890
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	59891
~~Revised Code.~~	59892

The superintendent of each state institution required to	59893
provide services under division (A) of this section may apply to	59894
the department of education for special education and related	59895
services ~~weighted~~ funding for children with disabilities other	59896
than preschool children with disabilities, calculated in	59897
accordance with section 3317.201 of the Revised Code.	59898

Each county DD board providing special education for children	59899
with disabilities other than preschool children with disabilities	59900
may apply to the department of education for ~~base cost and~~	59901
opportunity funds and special education and related services	59902
~~weighted~~ funding calculated in accordance with section 3317.20 of	59903
the Revised Code.	59904

(C) In addition to the authorization to apply for state	59905
funding described in division (B) of this section, each state	59906
institution required to provide services under division (A) of	59907
this section is entitled to tuition payments calculated in the	59908
manner described in division (C) of this section.	59909

On or before the thirtieth day of June of each year, the	59910
superintendent of each institution that during the school year	59911
provided special education pursuant to this section shall prepare	59912
a statement for each child with a disability under twenty-two	59913
years of age who has received special education. The statement	59914
shall contain the child's data verification code assigned pursuant	59915
to division (D)(2) of section 3301.0714 of the Revised Code and	59916
the name of the child's school district of residence. Within sixty	59917
days after receipt of such statement, the department of education	59918
shall perform one of the following:	59919

(1) For any child except a preschool child with a disability	59920
described in division (C)(2) of this section, pay to the	59921
institution submitting the statement an amount equal to the	59922
tuition calculated under division (A) of section 3317.08 of the	59923
Revised Code for the period covered by the statement, and deduct	59924
the same from the amount of state funds, if any, payable under	59925
Chapter 3317. of the Revised Code, to the child's school district	59926
of residence or, if the amount of such state funds is	59927
insufficient, require the child's school district of residence to	59928
pay the institution submitting the statement an amount equal to	59929
the amount determined under this division.	59930

(2) For any preschool child with a disability ~~not included in~~	59931
~~a unit approved under division (B) of section 3317.05 of the~~	59932
~~Revised Code~~, perform the following:	59933

(a) Pay to the institution submitting the statement an amount	59934
equal to the tuition calculated under division (B) of section	59935
3317.08 of the Revised Code for the period covered by the	59936
statement, except that in calculating the tuition under that	59937
section the operating expenses of the institution submitting the	59938
statement under this section shall be used instead of the	59939
operating expenses of the school district of residence;	59940

(b) Deduct from the amount of state funds, if any, payable	59941
under Chapter 3317. of the Revised Code to the child's school	59942
district of residence an amount equal to the amount paid under	59943
division (C)(2)(a) of this section.	59944

Sec. 3323.13. (A) If a child who is a school resident of one	59945
school district receives special education from another district,	59946
the board of education of the district providing the education,	59947
subject to division (C) of this section, may require the payment	59948
by the board of education of the district of residence of a sum	59949
not to exceed one of the following, as applicable:	59950

(1) For any child except a preschool child with a disability	59951
described in division (A)(2) of this section, the tuition of the	59952
district providing the education for a child of normal needs of	59953
the same school grade. The determination of the amount of such	59954
tuition shall be in the manner provided for by division (A) of	59955
section 3317.08 of the Revised Code.	59956

(2) For any preschool child with a disability ~~not included in~~	59957
~~a unit approved under division (B) of section 3317.05 of the~~	59958
~~Revised Code~~, the tuition of the district providing the education	59959
for the child as calculated under division (B) of section 3317.08	59960
of the Revised Code, multiplied by 0.50.	59961

(B) The board of the district of residence may contract with	59962
the board of another district for the transportation of such child	59963
into any school in such other district, on terms agreed upon by	59964
such boards. Upon direction of the state board of education, the	59965
board of the district of residence shall pay for the child's	59966
transportation and the tuition.	59967

(C) The board of education of a district providing the	59968
education for a child shall be entitled to require payment from	59969
the district of residence under this section or section 3323.14 of	59970
the Revised Code only if the district providing the education has	59971
done at least one of the following:	59972

(1) Invited the district of residence to send representatives	59973
to attend the meetings of the team developing the child's	59974
individualized education program;	59975

(2) Received from the district of residence a copy of the	59976
individualized education program or a multifactored evaluation	59977
developed for the child by the district of residence;	59978

(3) Informed the district of residence in writing that the	59979
district is providing the education for the child.	59980

As used in division (C)(2) of this section, "multifactored	59981
evaluation" means an evaluation, conducted by a multidisciplinary	59982
team, of more than one area of the child's functioning so that no	59983
single procedure shall be the sole criterion for determining an	59984
appropriate educational program placement for the child.	59985

Sec. 3323.14. ~~This section does not apply to any preschool~~	59986
~~child with a disability except if included in a unit approved~~	59987
~~under division (B) of section 3317.05 of the Revised Code.~~	59988

(A) Where a child who is a school resident of one school	59989
district receives special education from another district and the	59990
per capita cost to the educating district for that child exceeds	59991
the sum of the amount received by the educating district for that	59992
child under division (A) of section 3317.08 of the Revised Code	59993
and the amount received by the district from the state board of	59994
education for that child, then the board of education of the	59995
district of residence shall pay to the board of the school	59996
district that is providing the special education such excess cost	59997
as is determined by using a formula approved by the department of	59998
education and agreed upon in contracts entered into by the boards	59999
of the districts concerned at the time the district providing such	60000
special education accepts the child for enrollment. The department	60001
shall certify the amount of the payments under Chapter 3317. of	60002
the Revised Code for such pupils with disabilities for each school	60003
year ending on the thirtieth day of July.	60004

(B) In the case of a child described in division (A) of this	60005
section who has been placed in a home, as defined in section	60006
3313.64 of the Revised Code, pursuant to the order of a court and	60007
who is not subject to section 3323.141 of the Revised Code, the	60008
district providing the child with special education and related	60009
services may charge to the child's district of residence the	60010
excess cost determined by formula approved by the department,	60011
regardless of whether the district of residence has entered into a	60012
contract with the district providing the services. If the district	60013
providing the services chooses to charge excess costs, the	60014
district may report the amount calculated under this division to	60015
the department.	60016

(C) If a district providing special education for a child	60017
reports an amount for the excess cost of those services, as	60018
authorized and calculated under division (A) or (B) of this	60019
section, the department shall pay that amount of excess cost to	60020
the district providing the services and shall deduct that amount	60021
from the child's district of residence in accordance with division	60022
(K) of section 3317.023 of the Revised Code.	60023

Sec. 3323.141. (A) When a child who is not in the legal or	60024
permanent custody of an Ohio resident or a government agency in	60025
this state and whose natural or adoptive parents are not known to	60026
have been residents of this state subsequent to the child's birth	60027
is a resident of a home as defined in section 3313.64 of the	60028
Revised Code and receives special education and related services	60029
from a school district or county ~~MR/DD~~DD board, the home shall	60030
pay tuition to the board providing the special education.	60031

(B) In the case of a child described in division (A) of this	60032
section who receives special education and related services from a	60033
school district, tuition shall be the amount determined under	60034
division (B)(1) or (2) of this section.	60035

(1) For a child other than a child described in division	60036
(B)(2) of this section the tuition shall be an amount equal to the	60037
sum of the following:	60038

(a) Tuition as determined in the manner provided for by	60039
division (B) of section 3317.081 of the Revised Code for the	60040
district that provides the special education;	60041

(b) Such excess cost as is determined by using a formula	60042
established by rule of the department of education. The excess	60043
cost computed in this section shall not be used as excess cost	60044
computed under section 3323.14 of the Revised Code.	60045

(2) For a child who is a preschool child with a disability	60046
~~not included in a unit approved under division (B) of section~~	60047
~~3317.05 of the Revised Code~~, the tuition shall be computed as	60048
follows:	60049

(a) Determine the amount of the tuition of the district	60050
providing the education for the child as calculated under division	60051
(B) of section 3317.08 of the Revised Code;	60052

(b) For each type of special education service included in	60053
the computation of the amount of tuition under division (B)(2)(a)	60054
of this section, divide the amount determined for that computation	60055
under division (B)(2) of section 3317.08 of the Revised Code by	60056
the total number of preschool children with disabilities used for	60057
that computation under division (B)(3) of section 3317.08 of the	60058
Revised Code;	60059

(c) Determine the sum of the quotients obtained under	60060
division (B)(2)(b) of this section;	60061

(d) Determine the sum of the amounts determined under	60062
divisions (B)(2)(a) and (c) of this section.	60063

(C) In the case of a child described in division (A) of this	60064
section who receives special education and related services from a	60065
county ~~MR/DD~~DD board, tuition shall be the amount determined	60066
under division (C)(1) or (2) of this section.	60067

(1) For a child other than a child described in division	60068
(C)(2) of this section, the tuition shall be an amount equal to	60069
such board's per capita cost of providing special education and	60070
related services for children at least three but less than	60071
twenty-two years of age as determined by using a formula	60072
established by rule of the department of developmental	60073
disabilities.	60074

(2) For a child who is a preschool child with a disability	60075
~~not included in a unit approved under division (B) of section~~	60076
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	60077
the amounts of each such board's per capita cost of providing each	60078
of the special education or related service that the child	60079
receives. The calculation of tuition shall be made by using a	60080
formula established by rule of the department of developmental	60081
disabilities. The formula for the calculation of per capita costs	60082
under division (C)(2) of this section shall be based only on each	60083
such ~~MR/DD~~DD board's cost of providing each type of special	60084
education or related service to preschool children with	60085
disabilities ~~not included in a unit approved under division (B) of~~	60086
~~section 3317.05 of the Revised Code~~.	60087

(D) If a home fails to pay the tuition required under this	60088
section, the board of education or county ~~MR/DD~~DD board providing	60089
the education may recover in a civil action the tuition and the	60090
expenses incurred in prosecuting the action, including court costs	60091
and reasonable attorney's fees. If the prosecuting attorney or	60092
city director of law represents the board in such action, costs	60093
and reasonable attorney's fees awarded by the court, based upon	60094
the time spent preparing and presenting the case by the	60095
prosecuting attorney, director, or a designee of either, shall be	60096
deposited in the county or city general fund.	60097

Sec. 3323.142. ~~This section does not apply to any preschool~~	60098
~~child with a disability except if included in a unit approved~~	60099
~~under division (B) of section 3317.05 of the Revised Code.~~	60100

As used in this section, "per pupil amount" for a preschool	60101
child with a disability included in such an approved unit means	60102
the amount determined by dividing the amount received for the	60103
classroom unit in which the child has been placed by the number of	60104
children in the unit. For any other child, "per pupil amount"	60105
means the amount paid for the child under section 3317.20 of the	60106
Revised Code.	60107

When a school district places or has placed a child with a	60108
county DD board for special education, but another district is	60109
responsible for tuition under section 3313.64 or 3313.65 of the	60110
Revised Code and the child is not a resident of the territory	60111
served by the county DD board, the board may charge the district	60112
responsible for tuition with the educational costs in excess of	60113
the per pupil amount received by the board under Chapter 3317. of	60114
the Revised Code. The amount of the excess cost shall be	60115
determined by the formula established by rule of the department of	60116
education under section 3323.14 of the Revised Code, and the	60117
payment for such excess cost shall be made by the school district	60118
directly to the county DD board.	60119

A school district board of education and the county DD board	60120
that serves the school district may negotiate and contract, at or	60121
after the time of placement, for payments by the board of	60122
education to the county DD board for additional services provided	60123
to a child placed with the county DD board and whose	60124
individualized education program established pursuant to section	60125
3323.08 of the Revised Code requires additional services that are	60126
not routinely provided children in the county DD board's program	60127
but are necessary to maintain the child's enrollment and	60128
participation in the program. Additional services may include, but	60129
are not limited to, specialized supplies and equipment for the	60130
benefit of the child and instruction, training, or assistance	60131
provided by staff members other than staff members for which	60132
funding is received under Chapter 3317. of the Revised Code.	60133

Sec. 3325.13. The state school for the blind employees food	60134
service fund is hereby created in the state treasury. The fund	60135
shall consist of payments received from employees who make	60136
purchases from the school's food service program. Notwithstanding	60137
section 3325.01 of the Revised Code, the approval of the state	60138
board of education is not required to designate money for deposit	60139
into the fund. The school for the blind shall use money in the	60140
fund to pay costs associated with the school's food service	60141
program.	60142

Sec. 3325.14. The state school for the deaf employees food	60143
service fund is hereby created in the state treasury. The fund	60144
shall consist of payments received from employees who make	60145
purchases from the school's food service program. Notwithstanding	60146
section 3325.01 of the Revised Code, the approval of the state	60147
board of education is not required to designate money for deposit	60148
into the fund. The school for the deaf shall use money in the fund	60149
to pay costs associated with the school's food service program.	60150

Sec. 3326.07. Each science, technology, engineering, and	60151
mathematics school established under this chapter is a public	60152
school, is part of the state's program of education, may contract	60153
for any services necessary for the operation of the school, and	60154
may continue in operation for as long as the school is in	60155
compliance with the provisions of this chapter and with the	60156
proposal for its establishment as approved by the STEM committee.	60157
If the school closes for any reason, its assets shall be	60158
distributed in the manner provided in the proposal for its	60159
establishment as required by division (C)(9) of section 3326.03 of	60160
the Revised Code.	60161

Sec. 3326.08. (A) The governing body of each science,	60162
technology, engineering, and mathematics school shall ~~employ and~~	60163
~~fix the compensation for the~~engage the services of administrative	60164
officers, teachers, and nonteaching employees of the STEM school	60165
necessary for the school to carry out its mission and shall	60166
oversee the operations of the school. The governing body of each	60167
STEM school shall ~~employ~~engage the services of a chief	60168
administrative officer to serve as the school's instructional and	60169
administrative leader. The chief administrative officer shall be	60170
granted the authority to oversee the recruitment, retention, and	60171
employment of teachers and nonteaching employees.	60172

(B) The department of education shall monitor the oversight	60173
of each STEM school exercised by the school's governing body and	60174
shall monitor the school's compliance with this chapter and with	60175
the proposal for the establishment of the school as it was	60176
approved by the STEM committee under section 3326.04 of the	60177
Revised Code. If the department finds that the school is not in	60178
compliance with this chapter or with the proposal, the department	60179
shall consult with the STEM committee, and the committee may order	60180
the school to close on the last day of the school year in which	60181
the committee issues its order.	60182

(C) The governing body of each STEM school shall comply with	60183
sections 121.22 and 149.43 of the Revised Code.	60184

Sec. 3326.11. Each science, technology, engineering, and	60185
mathematics school established under this chapter and its	60186
governing body shall comply with sections 9.90, 9.91, 109.65,	60187
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	60188
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	60189
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	60190
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	60191
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	60192
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	60193
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	60194
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	60195
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	60196
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	60197
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	60198
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	60199
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	60200
4123., 4141., and 4167. of the Revised Code as if it were a school	60201
district.	60202

Sec. 3326.112. The governing body of each STEM school shall	60203
comply with the standards for financial reporting adopted under	60204
division (B)(2) of section 3301.07 of the Revised Code.	60205

Sec. 3326.20. (A) As used in this section, "native student"	60206
means a student entitled to attend school in the school district	60207
under section 3313.64 or 3313.65 of the Revised Code.	60208

(B) Unless either the proposal for the establishment of a	60209
science, technology, engineering, and mathematics school, as it	60210
was approved by the STEM committee under section 3326.03 of the	60211
Revised Code, ~~otherwise~~ provides for the transportation of	60212
students to and from the STEM school, or the parent of a native	60213
student or that student opts to receive the transportation subsidy	60214
prescribed by section 3327.02 of the Revised Code, the board of	60215
education of each city, local, and exempted village school	60216
district shall provide transportation to and from school for its	60217
~~district's~~ native students enrolled in the STEM school in the same	60218
manner that section 3327.01 of the Revised Code requires for its	60219
native students enrolled in nonpublic schools.	60220

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	60221
Revised Code:	60222

(A) ~~"Applicable special education weight" means the multiple~~	60223
~~specified in section 3317.013 of the Revised Code for a disability~~	60224
~~described in that section.~~	60225

~~(B) "Applicable vocational education weight" means the~~	60226
~~multiple specified in section 3317.014 of the Revised Code for~~	60227
~~vocational education programs or classes described in that section~~	60228
(1) "Category one career-technical education student" means a	60229
student who is receiving the career-technical education services	60230
described in division (A) of section 3317.014 of the Revised Code.	60231

(2) "Category two career-technical student" means a student	60232
who is receiving the career-technical education services described	60233
in division (B) of section 3317.014 of the Revised Code.	60234

(3) "Category three career-technical student" means a student	60235
who is receiving the career-technical education services described	60236
in division (C) of section 3317.014 of the Revised Code.	60237

(4) "Category four career-technical student" means a student	60238
who is receiving the career-technical education services described	60239
in division (D) of section 3317.014 of the Revised Code.	60240

(5) "Category five career-technical education student" means	60241
a student who is receiving the career-technical education services	60242
described in division (E) of section 3317.014 of the Revised Code.	60243

(B)(1) "Category one limited English proficient student"	60244
means a limited English proficient student described in division	60245
(A) of section 3317.016 of the Revised Code.	60246

(2) "Category two limited English proficient student" means a	60247
limited English proficient student described in division (B) of	60248
section 3317.016 of the Revised Code.	60249

(3) "Category three limited English proficient student" means	60250
a limited English proficient student described in division (C) of	60251
section 3317.016 of the Revised Code.	60252

(C)(1) "Category one special education student" means a	60253
student who is receiving special education services for a	60254
disability specified in division (A) of section 3317.013 of the	60255
Revised Code.	60256

(2) "Category two special education student" means a student	60257
who is receiving special education services for a disability	60258
specified in division (B) of section 3317.013 of the Revised Code.	60259

(3) "Category three special education student" means a	60260
student who is receiving special education services for a	60261
disability specified in division (C) of section 3317.013 of the	60262
Revised Code.	60263

(4) "Category four special education student" means a student	60264
who is receiving special education services for a disability	60265
specified in division (D) of section 3317.013 of the Revised Code.	60266

(5) "Category five special education student" means a student	60267
who is receiving special education services for a disability	60268
specified in division (E) of section 3317.013 of the Revised Code.	60269

(6) "Category six special education student" means a student	60270
who is receiving special education services for a disability	60271
specified in division (F) of section 3317.013 of the Revised Code.	60272

~~(C)~~(D) "Formula amount" has the same meaning as in section	60273
3317.02 of the Revised Code.	60274

~~(D)~~(E) "IEP" means an individualized education program as	60275
defined in section 3323.01 of the Revised Code.	60276

~~(E) A student is "included in the poverty student count of~~	60277
~~the student's resident district" if the student's family receives~~	60278
~~assistance under the Ohio works first program.~~	60279

(F) "Resident district" means the school district in which a	60280
student is entitled to attend school under section 3313.64 or	60281
3313.65 of the Revised Code.	60282

(G) "State education aid" has the same meaning as in section	60283
5751.20 of the Revised Code.	60284

Sec. 3326.32. Each science, technology, engineering, and	60285
mathematics school shall report to the department of education, in	60286
the form and manner required by the department, all of the	60287
following information:	60288

(A) The total number of students enrolled in the school;

60289

(B) The number of students who are receiving special	60290
education and related services pursuant to an IEP;	60291

(C) For each student reported under division (B) of this	60292
section, which category specified in divisions (A) to (F) of	60293
section 3317.013 of the Revised Code applies to the student;	60294

(D) The full-time equivalent number of students who are	60295
enrolled in ~~vocational~~career-technical education programs or	60296
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	60297
(E) of section 3317.014 of the Revised Code that are provided by	60298
the STEM school;	60299

(E) The number of students who are limited English proficient	60300
students and which category specified in divisions (A) to (C) of	60301
section 3317.016 of the Revised Code applies to each student;	60302

(F) The number of students reported under division (A) of	60303
this section who are economically disadvantaged, as defined by the	60304
department. A student shall not be categorically excluded from the	60305
number reported under division (F) of this section based on	60306
anything other than family income.	60307

(G) The resident district of each student;

60308

~~(F)~~(H) Any additional information the department determines	60309
necessary to make payments under this chapter.	60310

Sec. 3326.33. ~~Payments and deductions under this section for~~	60311
~~fiscal years 2012 and 2013 shall be made in accordance with~~	60312
~~section 3326.39 of the Revised Code.~~	60313

For each student enrolled in a science, technology,	60314
engineering, and mathematics school established under this	60315
chapter, on a full-time equivalency basis, the department of	60316
education annually shall deduct from the state education aid of a	60317
student's resident school district and, if necessary, from the	60318
payment made to the district under sections 321.24 and 323.156 of	60319
the Revised Code and pay to the school the sum of the following:	60320

(A) ~~The sum of the formula amount plus the per pupil amount~~	60321
~~of the base funding supplements specified in divisions (C)(1) to~~	60322
~~(4) of section 3317.012 of the Revised Code.~~	60323

~~(B) If the student is receiving special education and related~~	60324
~~services pursuant to an IEP, the product of the applicable special~~	60325
~~education weight times the formula amount;~~	60326

~~(C) If the student is enrolled in vocational education~~	60327
~~programs or classes that are described in section 3317.014 of the~~	60328
~~Revised Code, are provided by the school, and are comparable as~~	60329
~~determined by the superintendent of public instruction to school~~	60330
~~district vocational education programs and classes eligible for~~	60331
~~state weighted funding under section 3317.014 of the Revised Code,~~	60332
~~the product of the applicable vocational education weight times~~	60333
~~the formula amount times the percentage of time the student spends~~	60334
~~in the vocational education programs or classes;~~	60335

~~(D) If the student is included in the poverty student count~~	60336
~~of the student's resident district, the per pupil amount of the~~	60337
~~district's payment under division (C) of section 3317.029 of the~~	60338
~~Revised Code;~~	60339

~~(E) If the student is identified as limited English~~	60340
~~proficient and the student's resident district receives a payment~~	60341
~~for services to limited English proficient students under division~~	60342
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	60343
~~of the district's payment under that division, calculated in the~~	60344
~~same manner as per pupil payments are calculated under division~~	60345
~~(C)(6) of section 3314.08 of the Revised Code;~~	60346

~~(F) If the student's resident district receives a payment~~	60347
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	60348
~~Code, the per pupil amount of the district's payments under each~~	60349
~~division, calculated in the same manner as per pupil payments are~~	60350
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	60351
~~the Revised Code;~~	60352

~~(G) If the student's resident district receives a parity aid~~	60353
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	60354
~~amount calculated for the district under division (C) or (D) of~~	60355
~~that section~~An opportunity grant in an amount equal to the	60356
formula amount;	60357

(B) The per pupil amount of targeted assistance funds	60358
calculated under division (A) of section 3317.0217 of the Revised	60359
Code for the student's resident district, as determined by the	60360
department, X 0.25;	60361

(C) Additional state aid for special education and related	60362
services provided under Chapter 3323. of the Revised Code as	60363
follows:	60364

(1) If the student is a category one special education	60365
student, the formula amount X the multiple specified in division	60366
(A) of section 3317.013 of the Revised Code;	60367

(2) If the student is a category two special education	60368
student, the formula amount X the multiple specified in division	60369
(B) of section 3317.013 of the Revised Code;	60370

(3) If the student is a category three special education	60371
student, the formula amount X the multiple specified in division	60372
(C) of section 3317.013 of the Revised Code;	60373

(4) If the student is a category four special education	60374
student, the formula amount X the multiple specified in division	60375
(D) of section 3317.013 of the Revised Code;	60376

(5) If the student is a category five special education	60377
student, the formula amount X the multiple specified in division	60378
(E) of section 3317.013 of the Revised Code;	60379

(6) If the student is a category six special education	60380
student, the formula amount X the multiple specified in division	60381
(F) of section 3317.013 of the Revised Code.	60382

(D) If the student is in kindergarten through third grade,	60383
$300, in fiscal year 2014, or $303, in fiscal year 2015;	60384

(E) If the student is economically disadvantaged, an amount	60385
equal to the following:	60386

($340, in fiscal year 2014, or $343, in fiscal year 2015) X (the	60387
resident district's economically disadvantaged index)	60388

(F) Limited English proficiency funds, as follows:

60389

(1) If the student is a category one limited English	60390
proficient student, the amount specified in division (A) of	60391
section 3317.016 of the Revised Code;	60392

(2) If the student is a category two limited English	60393
proficient student, the amount specified in division (B) of	60394
section 3317.016 of the Revised Code;	60395

(3) If the student is a category three limited English	60396
proficient student, the amount specified in division (C) of	60397
section 3317.016 of the Revised Code.	60398

(G) Career-technical education funds as follows:

60399

(1) If the student is a category one career-technical	60400
education student, the formula amount X the multiple specified in	60401
division (A) of section 3317.014 of the Revised Code;	60402

(2) If the student is a category two career-technical	60403
education student, the formula amount X the multiple specified in	60404
division (B) of section 3317.014 of the Revised Code;	60405

(3) If the student is a category three career-technical	60406
education student, the formula amount X the multiple specified in	60407
division (C) of section 3317.014 of the Revised Code;	60408

(4) If the student is a category four career-technical	60409
education student, the formula amount X the multiple specified in	60410
division (D) of section 3317.014 of the Revised Code;	60411

(5) If the student is a category five career-technical	60412
education student, the formula amount X the multiple specified in	60413
division (E) of section 3317.014 of the Revised Code.	60414

Deduction and payment of funds under division (G) of this	60415
section is subject to approval under section 3317.161 of the	60416
Revised Code.	60417

Sec. 3326.34. If a science, technology, engineering, and	60418
mathematics school established under this chapter incurs costs for	60419
a fiscal year for a student receiving special education and	60420
related services pursuant to an IEP for a disability described in	60421
divisions (B) to (F) of section 3317.013 of the Revised Code that	60422
exceed the threshold catastrophic cost for serving the student as	60423
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	60424
of the Revised Code, the STEM school may submit to the	60425
superintendent of public instruction documentation, as prescribed	60426
by the superintendent, of all its costs for that student. Upon	60427
submission of documentation for a student of the type and in the	60428
manner prescribed, the department of education shall pay to the	60429
school an amount equal to the school's costs for the student in	60430
excess of the threshold catastrophic costs.	60431

The school shall only report under this section, and the	60432
department shall only pay for, the costs of educational expenses	60433
and the related services provided to the student in accordance	60434
with the student's IEP. Any legal fees, court costs, or other	60435
costs associated with any cause of action relating to the student	60436
may not be included in the amount.	60437

Sec. 3326.38. A science, technology, engineering, and	60438
mathematics school may do ~~all~~both of the following:	60439

(A) ~~Apply to the department of education for gifted unit~~	60440
~~funding;~~	60441

~~(B)~~ Apply to any state or federal agency for grants that a	60442
school district or public school may receive under federal or	60443
state law or any appropriations act of the general assembly;	60444

~~(C)~~(B) Apply to any private entity or foundation for	60445
additional funds.	60446

Sec. 3326.39. Sec. 3326.39. (A) In any fiscal year, a STEM	60447
school receiving funds under division (G) of section 3326.33 of	60448
the Revised Code shall spend those funds only for the purposes	60449
that the department designates as approved for career-technical	60450
education expenses. Career-technical educational expenses approved	60451
by the department shall include only expenses connected to the	60452
delivery of career-technical programming to career-technical	60453
students. The department shall require the school to report data	60454
annually so that the department may monitor the school's	60455
compliance with the requirements regarding the manner in which	60456
funding received under division (G) of section 3326.33 of the	60457
Revised Code may be spent.	60458

(B) All funds received under division (G) of section 3326.33	60459
of the Revised Code shall be spent in the following manner:	60460

(1) At least seventy-five per cent of the funds shall be	60461
spent on curriculum development, purchase, and implementation;	60462
instructional resources and supplies; industry-based program	60463
certification; student assessment, credentialing, and placement;	60464
curriculum specific equipment purchases and leases;	60465
career-technical student organization fees and expenses; home and	60466
agency linkages; work-based learning experiences; professional	60467
development; and other costs directly associated with	60468
career-technical education programs including development of new	60469
programs.	60470

(2) Not more than twenty-five per cent of the funds shall be	60471
used for personnel expenditures.	60472

Sec. 3326.45. (A) The governing body of a science,	60473
technology, engineering, and mathematics school may contract with	60474
the governing board of an educational service center or the board	60475
of education of a joint vocational school district for the	60476
provision of services to the STEM school or to any student	60477
enrolled in the school. Services provided under the contract and	60478
the amount to be paid for those services shall be mutually agreed	60479
to by the parties to the contract, and shall be specified in the	60480
contract.	60481

(B) A contract entered into under this section may require an	60482
educational service center to provide any one or a combination of	60483
the following services to a STEM school:	60484

(1) Supervisory teachers;

60485

(2) In-service and continuing education programs for	60486
personnel of the STEM school;	60487

(3) Curriculum services as provided to the client school	60488
districts of the service center;	60489

(4) Research and development programs;

60490

(5) Academic instruction for which the service center	60491
governing board employs teachers;	60492

(6) Assistance in the provision of special accommodations and	60493
classes for students with disabilities.	60494

Services described in division (B) of this section shall be	60495
provided to the STEM school in the same manner they are provided	60496
to client school districts of the service center, unless otherwise	60497
specified in the contract. The contract shall specify whether the	60498
service center will receive a per-pupil payment from the	60499
department of education for the provision of these services and,	60500
if so, the amount of the per-pupil payment~~, which shall not exceed~~	60501
~~the per-pupil amount paid to the service center under division (F)~~	60502
~~of section 3317.11 of the Revised Code for each student in the~~	60503
~~service center ADM~~.	60504

(C) For each contract entered into under this section, the	60505
department shall deduct the amount owed by the STEM school from	60506
the state funds due to the STEM school under this chapter and	60507
shall pay that amount to the educational service center or joint	60508
vocational school district that is party to the contract. ~~In the~~	60509
~~case of a contract with an educational service center that~~	60510
~~specifies per-pupil payments for the provision of services~~	60511
~~described in division (B) of this section, the department also~~	60512
~~shall pay the service center the amount calculated under division~~	60513
~~(H) of section 3317.11 of the Revised Code.~~	60514

(D) No contract entered into under this section shall be	60515
valid unless a copy is filed with the department by the first day	60516
of the school year for which the contract is in effect.	60517

(E) As used in this section, "client school district" ~~has the~~	60518
~~same meaning as in section 3317.11 of the Revised Code~~means a	60519
city, exempted village, or local school district that has entered	60520
into an agreement under section 3313.843 or 3313.845 of the	60521
Revised Code to receive any services from an educational service	60522
center.	60523

Sec. 3327.01. Notwithstanding division (D) of section	60524
3311.19 and division (D) of section 3311.52 of the Revised Code,	60525
this section and sections 3327.011~~, 3327.012,~~ and 3327.02 of the	60526
Revised Code do not apply to any joint vocational or cooperative	60527
education school district.	60528

In(A) Except as provided in division (D) of this section or	60529
section 3314.091 or 3327.02 of the Revised Code, in all city,	60530
local, and exempted village school districts where resident school	60531
pupils in grades kindergarten through eight live more than two	60532
miles from the school for which the state board of education	60533
prescribes minimum standards pursuant to division (D) of section	60534
3301.07 of the Revised Code and to which they are assigned by the	60535
board of education of the district of residence or to and from the	60536
nonpublic or community school which they attend, the board of	60537
education shall provide transportation for such pupils to and from	60538
~~such~~that school ~~except as provided in section 3327.02 of the~~	60539
~~Revised Code~~.	60540

(B) In all city, local, and exempted village school districts	60541
where pupil transportation is required under a career-technical	60542
plan approved by the state board of education under section	60543
3313.90 of the Revised Code, for any student attending a	60544
career-technical program operated by another school district,	60545
including a joint vocational school district, as prescribed under	60546
that section, the board of education of the student's district of	60547
residence shall provide transportation from the public high school	60548
operated by that district to which the student is assigned to the	60549
career-technical program.	60550

In(C) Except as provided in division (D) of this section or	60551
section 3314.091 or 3327.02 of the Revised Code, in all city,	60552
local, and exempted village school districts, the board may	60553
provide transportation for resident school pupils in grades nine	60554
through twelve to and from the high school to which they are	60555
assigned by the board of education of the district of residence or	60556
to and from the nonpublic or community high school which they	60557
attend for which the state board of education prescribes minimum	60558
standards pursuant to division (D) of section 3301.07 of the	60559
Revised Code.	60560

(D)(1) A board of education shall not be required to	60561
transport elementary or high school pupils to and from a nonpublic	60562
or community school where such transportation would require more	60563
than thirty minutes of direct travel time as measured by school	60564
bus from the public school building to which the pupils would be	60565
assigned if attending the public school designated by the district	60566
of residence.	60567

~~Where it is impractical to transport a pupil by school~~	60568
~~conveyance, a board of education may offer payment, in lieu of~~	60569
~~providing such transportation in accordance with section 3327.02~~	60570
~~of the Revised Code.~~	60571

(2) A board of education shall not be required to transport	60572
elementary or high school pupils to and from a nonpublic or	60573
community school on Saturday or Sunday, unless a board of	60574
education and a nonpublic or community school have an agreement in	60575
place to do so before the effective date of this amendment.	60576

(E) In all city, local, and exempted village school	60577
districts, the board shall provide transportation for all children	60578
who are so disabled that they are unable to walk to and from the	60579
school for which the state board of education prescribes minimum	60580
standards pursuant to division (D) of section 3301.07 of the	60581
Revised Code and which they attend. In case of dispute whether the	60582
child is able to walk to and from the school, the health	60583
commissioner shall be the judge of such ability. In all city,	60584
exempted village, and local school districts, the board shall	60585
provide transportation to and from school or special education	60586
classes for ~~educable~~ mentally ~~retarded~~disabled children in	60587
accordance with standards adopted by the state board of education.	60588

(F) When transportation of pupils is provided the conveyance	60589
shall be run on a time schedule that shall be adopted and put in	60590
force by the board not later than ten days after the beginning of	60591
the school term.	60592

The cost of any transportation service authorized by this	60593
section shall be paid first out of federal funds, if any,	60594
available for the purpose of pupil transportation, and secondly	60595
out of state appropriations, in accordance with regulations	60596
adopted by the state board of education.	60597

(G) No transportation of any pupils shall be provided by any	60598
board of education to or from any school which in the selection of	60599
pupils, faculty members, or employees, practices discrimination	60600
against any person on the grounds of race, color, religion, or	60601
national origin.	60602

Sec. 3327.02. (A) As used in this section:

60603

(1) "Community school" means a community school established	60604
under Chapter 3314. of the Revised Code.	60605

(2) "Parent" has the same meaning as in section 3313.98 of	60606
the Revised Code.	60607

(3) "Resident school district" means the city, exempted	60608
village, or local school district in which a student is entitled	60609
to attend school under section 3313.64 or 3313.65 of the Revised	60610
Code.	60611

(4) "School year" has the same meaning as in section 3313.62	60612
of the Revised Code.	60613

(5) "State education aid" has the same meaning as in section	60614
5751.20 of the Revised Code.	60615

(6) "STEM school" means a science, technology, engineering,	60616
and mathematics school established under Chapter 3326. of the	60617
Revised Code.	60618

(B) Beginning July 1, 2014, the board of education of a city,	60619
exempted village, or local school district is not required to	60620
provide transportation to and from school for a student attending	60621
one of the district's schools or a community school, STEM school,	60622
or nonpublic school under division (A) or (C) of section 3327.01	60623
of the Revised Code, if the student's parent or the student, if at	60624
least eighteen years old and no guardian or custodian is currently	60625
appointed for the student, opts instead to receive the subsidy	60626
prescribed by division (D) of this section. The parent or student	60627
may exercise that option on an annual basis by submitting an	60628
application to the department of education and by notifying the	60629
district board in accordance with procedures and deadlines	60630
prescribed by the department. The department shall prescribe	60631
deadlines for that application and notice so that the district	60632
board has sufficient time to take the exercise of the parent's or	60633
student's option into account when planning its transportation	60634
routes and schedules for the succeeding school year. The	60635
department shall not accept an application that is submitted after	60636
the deadline. The department shall award a subsidy as long as the	60637
parent or student complies with the application and notice	60638
procedures. The award shall be for one school year at a time and	60639
may be renewed if the parent or student again submits an	60640
application to the department and notice to the district board in	60641
accordance with the prescribed procedures and deadlines. The	60642
parent or student shall use the subsidy to pay the cost of the	60643
student's transportation to and from school for the entire school	60644
year.	60645

(C) The subsidy prescribed by this section is not available	60646
for any of the following:	60647

(1) A student attending a community school or nonpublic	60648
school that is more than thirty minutes of direct travel time, as	60649
measured by school bus, from the building of the student's	60650
resident school district to which the student would be assigned if	60651
attending school in the district, as provided in division (D) of	60652
section 3327.01 of the Revised Code;	60653

(2) A student attending a community school that either:

60654

(a) Has an agreement with the student's resident school	60655
district for the community school to transport students to that	60656
school under division (A) of section 3314.091 of the Revised Code;	60657

(b) Accepts responsibility to transport students to the	60658
school under division (B) of that section.	60659

(3) A student who attends a school district other than the	60660
student's resident school district under an open enrollment policy	60661
adopted in accordance with section 3313.98 of the Revised Code;	60662

(4) A student who attends school in a school district under	60663
division (I) of section 3313.64 of the Revised Code.	60664

(D) The amount of the subsidy awarded for each student under	60665
this section shall equal the lesser of the following:	60666

(1) The statewide average cost of pupil transportation for	60667
the previous school year;	60668

(2) The average cost of pupil transportation for the previous	60669
school year for the student's resident school district.	60670

The department shall pay that amount to the student's parent	60671
or the student, if at least eighteen years old and no guardian or	60672
custodian is currently appointed for the student, in quarterly	60673
periodic payments.	60674

(E) The department shall deduct the amount of each subsidy	60675
awarded for a student under this section from the state education	60676
aid of the student's resident school district and, if necessary,	60677
from that district's payments under sections 321.24 and 323.156 of	60678
the Revised Code.	60679

The department shall include the student in the calculation	60680
of the district's transportation payment under section 3317.0212	60681
of the Revised Code and the operating appropriations act.	60682

(F) This section has no effect on a school district's	60683
responsibility to transport a student to and from a	60684
college-preparatory boarding school established under Chapter	60685
3328. of the Revised Code.	60686

(G) The state board of education shall adopt rules under	60687
Chapter 119. of the Revised Code prescribing procedures necessary	60688
to implement this section.	60689

Sec. 3327.07. (A) The governing authority of a chartered	60690
nonpublic school that transports a student enrolled in the school	60691
to and from school may charge the parent or guardian of the	60692
student a fee for the transportation, if the governing authority	60693
purchased the vehicle that transports the student using no state	60694
or federal funds. The fee shall not exceed the per student cost of	60695
the transportation, as determined by the governing authority.	60696

(B) If the parent or guardian of a student who is enrolled in	60697
a chartered nonpublic school opts to receive the subsidy	60698
prescribed by section 3327.02 of the Revised Code, instead of	60699
transportation by a school district under section 3327.01 of the	60700
Revised Code, and the governing authority of the chartered	60701
nonpublic school transports the student to and from school in a	60702
vehicle that the governing authority purchased using no state or	60703
federal funds, the governing authority may charge the parent or	60704
guardian a fee for transportation.	60705

(C) The parent or guardian of a student who is enrolled in a	60706
chartered nonpublic school and is eligible for transportation by a	60707
school district under section 3327.01 of the Revised Code may	60708
decline that transportation and accept transportation from the	60709
chartered nonpublic school. The governing authority of a chartered	60710
nonpublic school may charge a fee under division (A) of this	60711
section regardless of whether a student is eligible for	60712
transportation under section 3327.01 of the Revised Code.	60713

(D) The offering by the governing authority of a chartered	60714
nonpublic school of transportation to and from the school does not	60715
relieve any school district board of education from any duty	60716
imposed by section 3327.01 of the Revised Code with respect to the	60717
chartered nonpublic school's students.	60718

Sec. 3328.27. The board of trustees of each	60719
college-preparatory boarding school shall comply with the	60720
standards for financial reporting adopted under division (B)(2) of	60721
section 3301.07 of the Revised Code.	60722

Sec. 3333.041. (A) On or before the last day of December of	60723
each year, the chancellor of the Ohio board of regents shall	60724
submit to the governor and, in accordance with section 101.68 of	60725
the Revised Code, the general assembly a report or reports	60726
concerning all of the following:	60727

(1) The status of graduates of Ohio school districts at state	60728
institutions of higher education during the twelve-month period	60729
ending on the thirtieth day of September of the current calendar	60730
year. The report shall list, by school district, the number of	60731
graduates of each school district who attended a state institution	60732
of higher education and the percentage of each district's	60733
graduates enrolled in a state institution of higher education	60734
during the reporting period who were required during such period	60735
by the college or university, as a prerequisite to enrolling in	60736
those courses generally required for first-year students, to	60737
enroll in a remedial course in English, including composition or	60738
reading, mathematics, and any other area designated by the	60739
chancellor. The chancellor also shall make the information	60740
described in division (A)(1) of this section available to the	60741
board of education of each city, exempted village, and local	60742
school district.	60743

Each state institution of higher education shall, by the	60744
first day of November of each year, submit to the chancellor in	60745
the form specified by the chancellor the information the	60746
chancellor requires to compile the report.	60747

(2) Aggregate academic growth data for students assigned to	60748
graduates of teacher preparation programs approved under section	60749
3333.048 of the Revised Code who teach English language arts or	60750
mathematics in any of grades four to eight in a public school in	60751
Ohio. For this purpose, the chancellor shall use the value-added	60752
progress dimension prescribed by section 3302.021 of the Revised	60753
Code or the alternative student academic progress measure if	60754
adopted under division (C)(1)(e) of section 3302.03 of the Revised	60755
Code. The chancellor shall aggregate the data by graduating class	60756
for each approved teacher preparation program, except that if a	60757
particular class has ten or fewer graduates to which this section	60758
applies, the chancellor shall report the data for a group of	60759
classes over a three-year period. In no case shall the report	60760
identify any individual graduate. The department of education	60761
shall share any data necessary for the report with the chancellor.	60762

(3) The following information with respect to the Ohio	60763
tuition trust authority:	60764

(a) The name of each investment manager that is a minority	60765
business enterprise or a women's business enterprise with which	60766
the chancellor contracts;	60767

(b) The amount of assets managed by investment managers that	60768
are minority business enterprises or women's business enterprises,	60769
expressed as a percentage of assets managed by investment managers	60770
with which the chancellor has contracted;	60771

(c) Efforts by the chancellor to increase utilization of	60772
investment managers that are minority business enterprises or	60773
women's business enterprises.	60774

(4) ~~The status of implementation of faculty improvement~~	60775
~~programs under section 3345.28 of the Revised Code. The report~~	60776
~~shall include, but need not be limited to, the following: the~~	60777
~~number of professional leave grants made by each institution; the~~	60778
~~purpose of each professional leave; and a statement of the cost to~~	60779
~~the institution of each professional leave, to the extent that the~~	60780
~~cost exceeds the salary of the faculty member on professional~~	60781
~~leave.~~	60782

~~(5) The number and types of biobased products purchased under~~	60783
~~section 125.092 of the Revised Code and the amount of money spent~~	60784
~~by state institutions of higher education for those biobased~~	60785
~~products as that information is provided to the chancellor under~~	60786
~~division (A) of section 3345.692 of the Revised Code.~~	60787

~~(6)~~ A description of dual enrollment programs, as defined in	60788
section 3313.6013 of the Revised Code, that are offered by school	60789
districts, community schools established under Chapter 3314. of	60790
the Revised Code, STEM schools established under Chapter 3326. of	60791
the Revised Code, college-preparatory boarding schools established	60792
under Chapter 3328. of the Revised Code, and chartered nonpublic	60793
high schools. The chancellor also shall post the information on	60794
the chancellor's web site.	60795

~~(7) The academic and economic impact of the Ohio innovation~~	60796
~~partnership established under section 3333.61 of the Revised Code.~~	60797
~~At a minimum, the report shall include the following:~~	60798

~~(a) Progress and performance metrics for each initiative that~~	60799
~~received an award in the previous fiscal year;~~	60800

~~(b) Economic indicators of the impact of each initiative, and~~	60801
~~all initiatives as a whole, on the regional economies and the~~	60802
~~statewide economy;~~	60803

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	60804
first scholarships, as established under section 3333.61 of the	60805
Revised Code, among state universities and colleges and how the	60806
actual awards fit that strategy.	60807

~~(8)~~(6) The academic and economic impact of the Ohio	60808
co-op/internship program established under section 3333.72 of the	60809
Revised Code. At a minimum, the report shall include the	60810
following:	60811

(a) Progress and performance metrics for each initiative that	60812
received an award in the previous fiscal year;	60813

(b) Economic indicators of the impact of each initiative, and	60814
all initiatives as a whole, on the regional economies and the	60815
statewide economy;	60816

(c) The chancellor's strategy in allocating awards among	60817
state institutions of higher education and how the actual awards	60818
fit that strategy.	60819

(B) As used in this section:

60820

(1) "Minority business enterprise" has the same meaning as in	60821
section 122.71 of the Revised Code.	60822

(2) "State institution of higher education" and "state	60823
university" have the same meanings as in section 3345.011 of the	60824
Revised Code.	60825

(3) "State university or college" has the same meaning as in	60826
section 3345.12 of the Revised Code.	60827

(4) "Women's business enterprise" means a business, or a	60828
partnership, corporation, limited liability company, or joint	60829
venture of any kind, that is owned and controlled by women who are	60830
United States citizens and residents of this state.	60831

Sec. 3333.049. No nonprofit institution that holds a	60832
certificate of authorization issued under Chapter 1713. of the	60833
Revised Code shall be liable for a breach of confidentiality	60834
arising from the institution's submission of student data or	60835
records to the board of regents or any other state agency in	60836
compliance with any law, rule, or regulation, provided that the	60837
breach occurs as a result of one of the following:	60838

(A) An action by a third party during and after the	60839
transmission of the data or records by the institution but prior	60840
to receipt of the data or records by the board of regents or other	60841
state agency;	60842

(B) An action by the board of regents or the state agency.

60843

This provision shall apply to the submission of any student	60844
data or records that are subject to any laws of this state or, to	60845
the extent permitted, any federal law, including the "Family	60846
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	60847
U.S.C. 1232g.	60848

Sec. 3333.124. There is hereby created in the state treasury	60849
the Ohio college opportunity grant program reserve fund. Not later	60850
than the first day of July of each fiscal year, the chancellor of	60851
the Ohio board of regents shall certify to the director of budget	60852
and management the unencumbered balance of the general revenue	60853
fund appropriations made in the immediately preceding fiscal year	60854
for purposes of the Ohio college opportunity grant program created	60855
in section 3333.122 of the Revised Code. Upon receipt of the	60856
certification, the director may transfer an amount not exceeding	60857
the certified amount from the general revenue fund to the Ohio	60858
college opportunity grant program reserve fund. Moneys in the Ohio	60859
college opportunity grant program reserve fund shall be used to	60860
pay grant obligations in excess of the general revenue fund	60861
appropriations made for that purpose.	60862

The director may transfer any unencumbered balance from the	60863
Ohio college opportunity grant program reserve fund to the general	60864
revenue fund.	60865

Sec. 3333.342. (A) The chancellor of the Ohio board of	60866
regents may designate a "certificate of value" for a certificate	60867
program at any adult career-technical education institution or	60868
state institution of higher education, as defined under section	60869
3345.011 of the Revised Code, based on the standards adopted under	60870
division (B) of this section.	60871

(B) The chancellor shall develop standards for designation of	60872
the certificates of value for certificate programs at adult	60873
career-technical education institutions and state institutions of	60874
higher education. The standards shall include at least the	60875
following considerations:	60876

(1) The quality of the certificate program;

60877

(2) The ability to transfer agreed-upon technical courses	60878
completed through an adult career-technical education institution	60879
to a state institution of higher education without unnecessary	60880
duplication or institutional barriers;	60881

(3) The extent to which the certificate program encourages a	60882
student to obtain an associate's or bachelor's degree;	60883

(4) The extent to which the certificate program increases a	60884
student's likelihood to complete other certificate programs or an	60885
associate's or bachelor's degree;	60886

(5) The ability of the certificate program to meet the	60887
expectations of the workplace and higher education;	60888

(6) The extent to which the certificate program is aligned	60889
with the strengths of the regional economy;	60890

(7) The extent to which the certificate program increases the	60891
amount of individuals who remain in or enter the state's	60892
workforce;	60893

(8) The extent of a certificate program's relationship with	60894
private companies in the state to fill potential job growth.	60895

(C) The designation of a certificate of value under this	60896
section shall expire six years after its designation date.	60897

(D) The chancellor may revoke a designation prior to its	60898
expiration date if the chancellor determines that the program no	60899
longer complies with the standards developed under division (B) of	60900
this section.	60901

(E) Any revocation of a certificate of value under this	60902
section shall become effective one hundred eighty days after the	60903
date the revocation was declared by the chancellor.	60904

(F) Any adult career-technical education institution or state	60905
institution of higher education that desires to be eligible to	60906
receive a designation of certificate of value for one or more of	60907
its certificate programs shall comply with all records and data	60908
requests required by the chancellor.	60909

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

60910

(1) "Allocated state share of instruction" means, for any	60911
fiscal year, the amount of the state share of instruction	60912
appropriated to the Ohio board of regents by the general assembly	60913
that is allocated to a community or technical college or community	60914
or technical college district for such fiscal year.	60915

(2) "Issuing authority" has the same meaning as in section	60916
154.01 of the Revised Code.	60917

(3) "Bond service charges" has the same meaning as in section	60918
154.01 of the Revised Code.	60919

(4) "Chancellor" means the chancellor of the Ohio board of	60920
regents.	60921

(5) "Community or technical college" or "college" means any	60922
of the following state-supported or state-assisted institutions of	60923
higher education:	60924

(a) A community college as defined in section 3354.01 of the	60925
Revised Code;	60926

(b) A technical college as defined in section 3357.01 of the	60927
Revised Code;	60928

(c) A state community college as defined in section 3358.01	60929
of the Revised Code.	60930

(6) "Community or technical college district" or "district"	60931
means any of the following institutions of higher education that	60932
are state-supported or state-assisted:	60933

(a) A community college district as defined in section	60934
3354.01 of the Revised Code;	60935

(b) A technical college district as defined in section	60936
3357.01 of the Revised Code;	60937

(c) A state community college district as defined in section	60938
3358.01 of the Revised Code.	60939

(7) "Credit enhancement facilities" has the same meaning as	60940
in section 133.01 of the Revised Code.	60941

(8) "Obligations" has the meaning as in section 154.01 or	60942
3345.12 of the Revised Code, as the context requires.	60943

(B) The board of trustees of any community or technical	60944
college district authorizing the issuance of obligations under	60945
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	60946
Revised Code, or for whose benefit and on whose behalf the issuing	60947
authority proposes to issue obligations under section 154.25 of	60948
the Revised Code, may adopt a resolution requesting the chancellor	60949
to enter into an agreement with the community or technical college	60950
district and the primary paying agent or fiscal agent for such	60951
obligations, providing for the withholding and deposit of funds	60952
otherwise due the district or the community or technical college	60953
it operates in respect of its allocated state share of	60954
instruction, for the payment of bond service charges on such	60955
obligations.	60956

The board of trustees shall deliver to the chancellor a copy	60957
of the resolution and any additional pertinent information the	60958
chancellor may require.	60959

The chancellor and the office of budget and management, and	60960
the issuing authority in the case of obligations to be issued by	60961
the issuing authority, shall evaluate each request received from a	60962
community or technical college district under this section. The	60963
chancellor, with the advice and consent of the director of budget	60964
and management and the issuing authority in the case of	60965
obligations to be issued by the issuing authority, shall approve	60966
each request if all of the following conditions are met:	60967

(1) Approval of the request will enhance the marketability of	60968
the obligations for which the request is made;	60969

(2) The chancellor and the office of budget and management,	60970
and the issuing authority in the case of obligations to be issued	60971
by the issuing authority, have no reason to believe the requesting	60972
community or technical college district or the community or	60973
technical college it operates will be unable to pay when due the	60974
bond service charges on the obligations for which the request is	60975
made, and bond service charges on those obligations are therefore	60976
not anticipated to be paid pursuant to this section from the	60977
allocated state share of instruction for purposes of Section 17 of	60978
Article VIII, Ohio Constitution.	60979

(3) Any other pertinent conditions established in rules	60980
adopted under division (H) of this section.	60981

(C) If the chancellor approves the request of a community or	60982
technical college district to withhold and deposit funds pursuant	60983
to this section, the chancellor shall enter into a written	60984
agreement with the district and the primary paying agent or fiscal	60985
agent for the obligations, which agreement shall provide for the	60986
withholding of funds pursuant to this section for the payment of	60987
bond service charges on those obligations. The agreement may also	60988
include both of the following:	60989

(1) Provisions for certification by the district to the	60990
chancellor, prior to the deadline for payment of the applicable	60991
bond service charges, whether the district and the community or	60992
technical college it operates are able to pay those bond service	60993
charges when due;	60994

(2) Requirements that the district or the community or	60995
technical college it operates deposits amounts for the payment of	60996
those bond service charges with the primary paying agent or fiscal	60997
agent for the obligations prior to the date on which the bond	60998
service charges are due to the owners or holders of the	60999
obligations.	61000

(D) Whenever a district or the community or technical college	61001
it operates notifies the chancellor that it will not be able to	61002
pay the bond service charges when they are due, subject to the	61003
withholding provisions of this section, or whenever the applicable	61004
paying agent or fiscal agent notifies the chancellor that it has	61005
not timely received from a district or from the college it	61006
operates the full amount needed for payment of the bond service	61007
charges when due to the holders or owners of such obligations, the	61008
chancellor shall immediately contact the district or college and	61009
the paying agent or fiscal agent to confirm that the district and	61010
the college are not able to make the required payment by the date	61011
on which it is due.	61012

If the chancellor confirms that the district and the college	61013
are not able to make the payment and the payment will not be made	61014
pursuant to a credit enhancement facility, the chancellor shall	61015
promptly pay to the applicable primary paying agent or fiscal	61016
agent the lesser of the amount due for bond service charges or the	61017
amount of the next periodic distribution scheduled to be made to	61018
the district or to the college in respect of its allocated state	61019
share of instruction. If this amount is insufficient to pay the	61020
total amount then due the agent for the payment of bond service	61021
charges, the chancellor shall continue to pay to the agent from	61022
each periodic distribution thereafter, and until the full amount	61023
due the agent for unpaid bond service charges is paid in full, the	61024
lesser of the remaining amount due the agent for bond service	61025
charges or the amount of the next periodic distribution scheduled	61026
to be made to the district or college in respect of its allocated	61027
state share of instruction.	61028

(E) The chancellor may make any payments under this section	61029
by direct deposit of funds by electronic transfer.	61030

Any amount received by a paying agent or fiscal agent under	61031
this section shall be applied only to the payment of bond service	61032
charges on the obligations of the community or technical college	61033
district or community or technical college subject to this section	61034
or to the reimbursement of the provider of a credit enhancement	61035
facility that has paid the bond service charges.	61036

(F) The chancellor may make payments under this section to	61037
paying agents or fiscal agents during any fiscal biennium of the	61038
state only from and to the extent that money is appropriated to	61039
the board of regents by the general assembly for distribution	61040
during such biennium for the state share of instruction and only	61041
to the extent that a portion of the state share of instruction has	61042
been allocated to the community or technical college district or	61043
community or technical college. Obligations of the issuing	61044
authority or of a community or technical college district to which	61045
this section is made applicable do not constitute an obligation or	61046
a debt or a pledge of the faith, credit, or taxing power of the	61047
state, and the holders or owners of those obligations have no	61048
right to have excises or taxes levied or appropriations made by	61049
the general assembly for the payment of bond service charges on	61050
the obligations, and the obligations shall contain a statement to	61051
that effect. The agreement for or the actual withholding and	61052
payment of money under this section does not constitute the	61053
assumption by the state of any debt of a community or technical	61054
college district or a community or technical college, and bond	61055
service charges on the related obligations are not anticipated to	61056
be paid from the state general revenue fund for purposes of	61057
Section 17 of Article VIII, Ohio Constitution.	61058

(G) In the case of obligations subject to the withholding	61059
provisions of this section, the issuing community or technical	61060
college district, or the issuing authority in the case of	61061
obligations issued by the issuing authority, shall appoint a	61062
paying agent or fiscal agent who is not an officer or employee of	61063
the district or college.	61064

(H) The chancellor, with the advice and consent of the office	61065
of budget and management, may adopt reasonable rules not	61066
inconsistent with this section for the implementation of this	61067
section to secure payment of bond service charges on obligations	61068
issued by a community or technical college district or by the	61069
issuing authority for the benefit of a community or technical	61070
college district or the community or technical college it	61071
operates. Those rules shall include criteria for the evaluation	61072
and approval or denial of community or technical college district	61073
requests for withholding under this section.	61074

(I) The authority granted by this section is in addition to	61075
and not a limitation on any other authorizations granted by or	61076
pursuant to law for the same or similar purposes.	61077

Sec. 3333.613. There is hereby created in the state treasury	61078
the choose Ohio first scholarship reserve fund. Not later than the	61079
first day of July of each fiscal year, the chancellor of the Ohio	61080
board of regents shall certify to the director of budget and	61081
management the unencumbered balance of the general revenue fund	61082
appropriations made in the immediately preceding fiscal year for	61083
purposes of the choose Ohio first scholarship program created in	61084
section 3333.61 of the Revised Code. Upon receipt of the	61085
certification, the director may transfer an amount not exceeding	61086
the certified amount from the general revenue fund to the choose	61087
Ohio first scholarship reserve fund. Moneys in the choose Ohio	61088
first scholarship reserve fund shall be used to pay scholarship	61089
obligations in excess of the general revenue fund appropriations	61090
made for that purpose.	61091

The director may transfer any unencumbered balance from the	61092
choose Ohio first scholarship reserve fund to the general revenue	61093
fund.	61094

Sec. 3333.73. The chancellor of the Ohio board of regents	61095
shall establish a competitive process for making awards under the	61096
Ohio co-op/internship program. The chancellor, on completion of	61097
that process, shall make a recommendation to the controlling board	61098
asking for approval of each award selected by the chancellor.	61099

The state institution of higher education shall submit a	61100
proposal and other documentation required by the chancellor, in	61101
the form and manner prescribed by the chancellor, for each award	61102
it seeks. A proposal may propose an initiative to be implemented	61103
solely by the state institution of higher education or in	61104
collaboration with other state institutions of higher education or	61105
nonpublic Ohio universities or colleges.	61106

The chancellor shall determine which proposals will receive	61107
awards each fiscal year, and the amount of each award, on the	61108
basis of the merit of each proposal, which the chancellor, subject	61109
to approval by the controlling board, shall determine based on one	61110
or more of the following criteria:	61111

(A) The extent to which the proposal will keep Ohio students	61112
in Ohio institutions of higher education;	61113

(B) The extent to which the proposal will attract Ohio	61114
residents who left Ohio to attend out-of-state institutions of	61115
higher education to return to Ohio institutions of higher	61116
education;	61117

(C) The extent to which the proposal will increase the number	61118
of Ohio graduates who remain in Ohio and enter Ohio's workforce;	61119

(D) The quality of the program that is the subject of the	61120
proposal and the extent to which additional resources will enhance	61121
its quality;	61122

(E) The extent to which the proposal is integrated with the	61123
strengths of the regional economy;	61124

(F) The extent to which the proposal ~~is aligned with the~~	61125
~~report submitted by the chancellor pursuant to Section 4 of Sub.~~	61126
~~H.B. 2 of the 127th general assembly, as amended~~supports the	61127
workforce policies of the governor's office of workforce	61128
transformation to meet the workforce needs of the state and to	61129
provide a student participating in the program with the skills	61130
needed for workplace success;	61131

(G) The extent to which the proposal facilitates the	61132
development of high quality academic programs with a cooperative	61133
education program or a significant internship program at state	61134
institutions of higher education;	61135

(H) The extent to which the proposal is integrated with	61136
supporting private companies to fill potential job growth, is	61137
responsive to the needs of employers, aligns with the skills	61138
identified by employers as necessary to fill high-demand job	61139
openings, particularly job openings in targeted industry sectors	61140
as identified by the governor's office of workforce	61141
transformation;	61142

(I) The amount of other institutional, public, or private	61143
resources, whether monetary or nonmonetary, the proposal pledges	61144
to leverage that are in addition to the monetary cost-sharing	61145
requirement prescribed in section 3333.74 of the Revised Code;	61146

(J) The extent to which the proposal is collaborative with	61147
other Ohio institutions of higher education;	61148

(K) The extent to which the proposal is integrated with the	61149
institution's mission;	61150

(L) The extent to which the proposal meets a statewide	61151
educational need at the undergraduate or graduate level;	61152

(M) The demonstrated productivity or future capacity of the	61153
students to be recruited;	61154

(N) The extent to which the proposal will create additional	61155
capacity in a high quality academic program with a cooperative	61156
education program or significant internship program;	61157

(O) The extent to which the proposal will encourage students	61158
who received degrees from two-year institutions to pursue	61159
baccalaureate degrees;	61160

(P) The extent to which the proposal facilitates the	61161
completion of a baccalaureate degree in a cost-effective manner;	61162

(Q) The extent to which other institutional, public, or	61163
private resources that are pledged to the proposal, in addition to	61164
the monetary cost-sharing requirement prescribed in section	61165
3333.74 of the Revised Code, will be deployed to assist in	61166
sustaining the academic program of excellence;	61167

(R) The extent to which the proposal increases the likelihood	61168
that students will successfully complete their degree programs or	61169
certificate programs;	61170

(S) The extent to which the proposal ensures that a student	61171
participating in the high quality academic program funded by the	61172
Ohio co-op/internship program is appropriately qualified and	61173
prepared to successfully transition into professions in Ohio's	61174
growing companies and industries.	61175

Sec. 3333.82. (A) The chancellor of the Ohio board of	61176
regents shall establish a clearinghouse of interactive distance	61177
learning courses and other distance learning courses delivered via	61178
a computer-based method offered by school districts, community	61179
schools, STEM schools, state institutions of higher education,	61180
private colleges and universities, and other nonprofit and	61181
for-profit course providers for sharing with other school	61182
districts, community schools, STEM schools, state institutions of	61183
higher education, private colleges and universities, and	61184
individuals for the fee set pursuant to section 3333.84 of the	61185
Revised Code. The chancellor shall not be responsible for the	61186
content of courses offered through the clearinghouse; however, all	61187
such courses shall be delivered only in accordance with technical	61188
specifications approved by the chancellor and on a common	61189
statewide platform administered by the chancellor.	61190

The clearinghouse's distance learning program for students in	61191
grades kindergarten to twelve shall be based on the following	61192
principles:	61193

(1) All Ohio students shall have access to high quality	61194
distance learning courses at any point in their educational	61195
careers.	61196

(2) All students shall be able to customize their education	61197
using distance learning courses offered through the clearinghouse	61198
and no student shall be denied access to any course in the	61199
clearinghouse in which the student is eligible to enroll.	61200

(3) Students may take distance learning courses for all or	61201
any portion of their curriculum requirements and may utilize a	61202
combination of distance learning courses and courses taught in a	61203
traditional classroom setting.	61204

(4) Students may earn an unlimited number of academic credits	61205
through distance learning courses.	61206

(5) Students may take distance learning courses at any time	61207
of the calendar year.	61208

(6) Student advancement to higher coursework shall be based	61209
on a demonstration of subject area competency instead of	61210
completion of any particular number of hours of instruction.	61211

(B) To offer a course through the clearinghouse, a course	61212
provider shall apply to the chancellor in a form and manner	61213
prescribed by the chancellor. The application for each course	61214
shall describe the course of study in as much detail as required	61215
by the chancellor, whether an instructor is provided, the	61216
qualification and credentials of the instructor, the number of	61217
hours of instruction, and any other information required by the	61218
chancellor. The chancellor may require course providers to include	61219
in their applications information recommended by the state board	61220
of education under former section 3353.30 of the Revised Code.	61221

(C) The chancellor shall review the technical specifications	61222
of each application submitted under division (B) of this section.	61223
In reviewing applications, the chancellor may consult with the	61224
department of education; however, the responsibility to either	61225
approve or not approve a course for the clearinghouse belongs to	61226
the chancellor. The chancellor may request additional information	61227
from a course provider that submits an application under division	61228
(B) of this section, if the chancellor determines that such	61229
information is necessary. The chancellor may negotiate changes in	61230
the proposal to offer a course, if the chancellor determines that	61231
changes are necessary in order to approve the course.	61232

(D) The chancellor shall catalog each course approved for the	61233
clearinghouse, through a print or electronic medium, displaying	61234
the following:	61235

(1) Information necessary for a student and the student's	61236
parent, guardian, or custodian and the student's school district,	61237
community school, STEM school, college, or university to decide	61238
whether to enroll in or subscribe to the course;	61239

(2) Instructions for enrolling in that course, including	61240
deadlines for enrollment.	61241

(E) Any expenses related to the installation of a course into	61242
the common statewide platform shall be borne by the course	61243
provider.	61244

(F) ~~The eTech Ohio commission, in consultation with the~~	61245
~~chancellor and the state board~~, shall distribute information to	61246
students and parents describing the clearinghouse. The information	61247
shall be provided in an easily understandable formatThe	61248
chancellor may contract with an entity to perform any or all of	61249
the chancellor's duties under sections 3333.81 to 3333.88 of the	61250
Revised Code.	61251

Sec. 3334.08. (A) Subject to division (B) of this section,	61252
in addition to any other powers conferred by this chapter, the	61253
Ohio tuition trust authority may do any of the following:	61254

(1) Impose reasonable residency requirements for	61255
beneficiaries of tuition units;	61256

(2) Impose reasonable limits on the number of tuition unit	61257
participants;	61258

(3) Impose and collect administrative fees and charges in	61259
connection with any transaction under this chapter;	61260

(4) Purchase insurance from insurers licensed to do business	61261
in this state providing for coverage against any loss in	61262
connection with the authority's property, assets, or activities or	61263
to further ensure the value of tuition units;	61264

(5) Indemnify or purchase policies of insurance on behalf of	61265
members, officers, and employees of the authority from insurers	61266
licensed to do business in this state providing for coverage for	61267
any liability incurred in connection with any civil action,	61268
demand, or claim against a director, officer, or employee by	61269
reason of an act or omission by the director, officer, or employee	61270
that was not manifestly outside the scope of the employment or	61271
official duties of the director, officer, or employee or with	61272
malicious purpose, in bad faith, or in a wanton or reckless	61273
manner;	61274

(6) Make, execute, and deliver contracts, conveyances, and	61275
other instruments necessary to the exercise and discharge of the	61276
powers and duties of the authority;	61277

(7) Promote, advertise, and publicize the Ohio college	61278
savings program and the variable college savings program;	61279

(8) Adopt rules under section 111.15 of the Revised Code for	61280
the implementation of the Ohio college savings program;	61281

(9) Contract, for the provision of all or part of the	61282
services necessary for the management and operation of the Ohio	61283
college savings program and the variable college savings program,	61284
with a bank, trust company, savings and loan association,	61285
insurance company, or licensed dealer in securities if the bank,	61286
company, association, or dealer is authorized to do business in	61287
this state and ~~information about~~ the contract is ~~filed with~~	61288
approved by the controlling board ~~pursuant to division (D)(6) of~~	61289
~~section 127.16 of the Revised Code~~; provided, however, that ~~any~~	61290
funds of the Ohio college savings program and the variable college	61291
savings program ~~that are not needed for immediate use~~ shall be	61292
deposited by the treasurer of state in the same manner provided	61293
under Chapter 135. of the Revised Code for public moneys of the	61294
state. All interest earned on those deposits shall be credited to	61295
the Ohio college savings program or the variable college savings	61296
program, as applicable.	61297

(10) Contract for other services, or for goods, needed by the	61298
authority in the conduct of its business, including but not	61299
limited to credit card services;	61300

(11) Employ an executive director and other personnel as	61301
necessary to carry out its responsibilities under this chapter,	61302
and fix the compensation of these persons. All employees of the	61303
authority shall be in the unclassified civil service and shall be	61304
eligible for membership in the public employees retirement system.	61305
In the hiring of the executive director, the Ohio tuition trust	61306
authority shall obtain the advice and consent of the Ohio tuition	61307
trust board created in section 3334.03 of the Revised Code,	61308
provided that the executive director shall not be hired unless a	61309
majority of the board votes in favor of the hiring. In addition,	61310
the board may remove the executive director at any time subject to	61311
the advice and consent of the chancellor of the Ohio board of	61312
regents.	61313

(12) Contract with financial consultants, actuaries,	61314
auditors, and other consultants as necessary to carry out its	61315
responsibilities under this chapter;	61316

(13) Enter into agreements with any agency of the state or	61317
its political subdivisions or with private employers under which	61318
an employee may agree to have a designated amount deducted in each	61319
payroll period from the wages or salary due the employee for the	61320
purpose of purchasing tuition units pursuant to a tuition payment	61321
contract or making contributions pursuant to a variable college	61322
savings program contract;	61323

(14) Enter into an agreement with the treasurer of state	61324
under which the treasurer of state will receive, and credit to the	61325
Ohio tuition trust fund or variable college savings program fund,	61326
from any bank or savings and loan association authorized to do	61327
business in this state, amounts that a depositor of the bank or	61328
association authorizes the bank or association to withdraw	61329
periodically from the depositor's account for the purpose of	61330
purchasing tuition units pursuant to a tuition payment contract or	61331
making contributions pursuant to a variable college savings	61332
program contract;	61333

(15) Solicit and accept gifts, grants, and loans from any	61334
person or governmental agency and participate in any governmental	61335
program;	61336

(16) Impose limits on the number of units which may be	61337
purchased on behalf of or assigned or awarded to any beneficiary	61338
and on the total amount of contributions that may be made on	61339
behalf of a beneficiary;	61340

(17) Impose restrictions on the substitution of another	61341
individual for the original beneficiary under the Ohio college	61342
savings program;	61343

(18) Impose a limit on the age of a beneficiary, above which	61344
tuition units may not be purchased on behalf of that beneficiary;	61345

(19) Enter into a cooperative agreement with the treasurer of	61346
state to provide for the direct disbursement of payments under	61347
tuition payment or variable college savings program contracts;	61348

(20) Determine the other higher education expenses for which	61349
tuition units or contributions may be used;	61350

(21) Terminate any tuition payment or variable college	61351
savings program contract if no purchases or contributions are made	61352
for a period of three years or more and there are fewer than a	61353
total of five tuition units or less than a dollar amount set by	61354
rule on account, provided that notice of a possible termination	61355
shall be provided in advance, explaining any options to prevent	61356
termination, and a reasonable amount of time shall be provided	61357
within which to act to prevent a termination;	61358

(22) Maintain a separate account for each tuition payment or	61359
variable college savings program contract;	61360

(23) Perform all acts necessary and proper to carry out the	61361
duties and responsibilities of the authority pursuant to this	61362
chapter.	61363

(B) The authority shall adopt rules under section 111.15 of	61364
the Revised Code for the implementation and administration of the	61365
variable college savings program. The rules shall provide	61366
taxpayers with the maximum tax advantages and flexibility	61367
consistent with section 529 of the Internal Revenue Code and	61368
regulations adopted thereunder with regard to disposition of	61369
contributions and earnings, designation of beneficiaries, and	61370
rollover of account assets to other programs.	61371

(C) Except as otherwise specified in this chapter, the	61372
provisions of Chapters 123., 125., and 4117. of the Revised Code	61373
shall not apply to the authority. The department of administrative	61374
services shall, upon the request of the authority, act as the	61375
authority's agent for the purchase of equipment, supplies,	61376
insurance, or services, or the performance of administrative	61377
services pursuant to Chapter 125. of the Revised Code.	61378

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	61379
OSU extension ~~service~~ fund," which shall be under the custody and	61380
control of the board of trustees of the Ohio state university and	61381
shall consist of all moneys appropriated, given, granted, or	61382
bequeathed to the university for the use of ~~the Ohio cooperative~~	61383
OSU extension ~~service~~ by the United States, this state, any	61384
political subdivision of this state, or any person. The board	61385
shall have responsibility for expenditure of all moneys in the	61386
fund in accordance with state and federal law and memoranda of	61387
agreement between the university and the United States department	61388
of agriculture.	61389

Sec. 3335.36. The board of trustees of the Ohio state	61390
university may employ such employees as it considers appropriate	61391
for the conduct of educational programs of ~~the Ohio cooperative~~	61392
OSU extension ~~service~~ and may provide for the payment from the	61393
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	61394
3335.35 of the Revised Code of reasonable compensation to such	61395
employees and of reasonable expenses incurred by them in the	61396
discharge of their duties, including expenses of travel and of	61397
maintaining, equipping, and supplying their offices.	61398

The employees shall cooperate with the department of	61399
agriculture, the Ohio agricultural research and development	61400
center, the department of education, and the United States	61401
department of agriculture, for the purpose of making available the	61402
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	61403
employees shall represent the university and shall conduct	61404
educational activities related to agriculture, natural resources,	61405
~~home economics~~community development, family ~~living~~and consumer	61406
sciences, and 4-H programs for the citizens of this state through	61407
personal instruction, bulletins, practical demonstrations, mass	61408
media, and otherwise, subject to such rules as may be prescribed	61409
by the board of trustees of the university. ~~Such~~The employees	61410
shall have offices provided by the county or other political	61411
subdivision in which they serve in which bulletins and other	61412
educational materials of value to the people may be consulted and	61413
through which the employees may be reached.	61414

The board of trustees of the Ohio state university may hire	61415
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	61416
carry out the functions and duties of a director of economic	61417
development under division (B) of section 307.07 of the Revised	61418
Code pursuant to any agreement with a county under division (A)(2)	61419
of section 307.07 of the Revised Code.	61420

Sec. 3335.37. The board of county commissioners of any	61421
county may levy a tax, within the limitations prescribed by law,	61422
and appropriate money from the proceeds thereof or from the	61423
general fund of the county to be paid to the Ohio state university	61424
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	61425
created by section 3335.35 of the Revised Code and expended for	61426
the purposes prescribed in section 3335.36 of the Revised Code for	61427
the benefit of the citizens of ~~such~~that county. Any money paid	61428
into the fund under this section that aggregates more than ten per	61429
cent of the county appropriation in the preceding year and that	61430
remains unexpended for two years from the time of ~~such~~the payment	61431
shall be returned to the county from which it came unless the	61432
board of county commissioners determines by resolution to	61433
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	61434
general purposes.	61435

Sec. 3335.38. The board of trustees of the Ohio state	61436
university shall establish a farm financial management institute	61437
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	61438
and qualified persons to assist farmers needing help with farm	61439
financial management problems.	61440

Participation shall be open to all interested persons, but	61441
the following persons shall be given priority as to enrollment:	61442
employees or representatives of banks and other farm credit	61443
agencies, agricultural teachers, and faculty and employees of the	61444
Ohio state university and ~~the Ohio cooperative~~OSU extension	61445
~~service~~ who agree to assist Ohio farmers in completing and	61446
understanding the coordinated financial statement and other	61447
subjects. A fee may be charged participants, as determined by ~~the~~	61448
OSU extension ~~service~~, but may be waived for those participants	61449
granted priority status at enrollment.	61450

~~Sec. 3304.23.~~ Sec. 3335.60. (A) There is hereby created in the	61451
~~rehabilitation services commission~~Ohio state university college	61452
of medicine a brain injury program consisting of a program	61453
director and at least one support staff person.	61454

(B) To the extent that funds are available, the brain injury	61455
program may do the following:	61456

(1) Identify existing services in this state to assist	61457
survivors and families of survivors of brain injury;	61458

(2) Promote the coordination of services for survivors and	61459
families of survivors of brain injury;	61460

(3) Explore options for delivery of services to survivors and	61461
families of survivors of brain injury;	61462

(4) Explore the establishment of a traumatic brain injury	61463
incidence reporting system to collect information on the incidence	61464
and character of traumatic brain injury in this state;	61465

(5) Promote practices that will reduce the incidence of brain	61466
injury;	61467

(6) Develop training programs on dealing with brain injury	61468
and the special needs of survivors of brain injury;	61469

(7) Identify sources of available funds for services for	61470
survivors and families of survivors of brain injury;	61471

(8) Explore options for the delivery of case management	61472
services to residents of this state who are survivors of brain	61473
injury;	61474

(9) Provide assistance to assure that services for survivors	61475
and families of survivors of brain injury are all of the	61476
following:	61477

(a) Designed to enhance the survivor's ability to lead an	61478
independent and productive life;	61479

(b) Available within close proximity of the survivor's home;

61480

61481

(d) Appropriate to the unique needs of the survivor.

61482

(C) The staff of the brain injury program shall prepare a	61483
biennial report on the incidence of brain injury in this state	61484
~~that~~. The report shall be ~~submitted to the administrator of the~~	61485
~~rehabilitation services commission on or before December 15, 1992,~~	61486
completed not later than two years after the effective date of	61487
this amendment and every two years thereafter~~. A copy of the~~	61488
~~report shall be~~and submitted to the brain injury advisory	61489
committee created under section ~~3304.231~~3335.61 of the Revised	61490
Code.	61491

~~Sec. 3304.231.~~ Sec. 3335.61. There is hereby created a brain	61492
injury advisory committee, which shall advise the ~~administrator of~~	61493
~~the rehabilitation services commission and the~~ brain injury	61494
program with regard to unmet needs of survivors of brain injury,	61495
development of programs for survivors and their families,	61496
establishment of training programs for health care professionals,	61497
and any other matter within the province of the brain injury	61498
program. The committee shall consist of not fewer than ~~twenty~~	61499
nineteen and not more than ~~twenty-two~~twenty-one members as	61500
follows:	61501

(A) Not fewer than ten and not more than twelve members	61502
appointed by the ~~administrator of the rehabilitation services~~	61503
~~commission~~dean of the college of medicine of the Ohio state	61504
university, including all of the following: a survivor of brain	61505
injury, a relative of a survivor of brain injury, a licensed	61506
physician recommended by the Ohio chapter of the American college	61507
of emergency physicians, a licensed physician recommended by the	61508
Ohio state medical association, one other health care	61509
professional, a rehabilitation professional, an individual who	61510
represents the brain injury association of Ohio, and not fewer	61511
than three nor more than five individuals who shall represent the	61512
public;	61513

(B) The directors of the departments of health, ~~alcohol and~~	61514
~~drug addiction services~~mental health and drug addiction services,	61515
developmental disabilities, ~~mental health, job and family~~	61516
~~services,~~ aging, and public safety; the medicaid director; the	61517
administrator of workers' compensation; the superintendent of	61518
public instruction; and the administrator of the rehabilitation	61519
services commission. Any of the officials specified in this	61520
division may designate an individual to serve in the official's	61521
place as a member of the committee.	61522

Terms of office of the appointed members shall be two years.	61523
Members may be reappointed. Vacancies shall be filled in the	61524
manner provided for original appointments. Any member appointed to	61525
fill a vacancy occurring prior to the expiration date of the term	61526
for which the member's predecessor was appointed shall hold office	61527
as a member for the remainder of that term.	61528

Members of the committee shall serve without compensation,	61529
but shall be reimbursed for actual and necessary expenses incurred	61530
in the performance of their duties.	61531

Sec. 3337.16. (A) The president of Ohio university may	61532
create an advisory committee to do both of the following:	61533

(1) Review the comprehensive land use plans and any updates	61534
of those land use plans prepared by Ohio university for the	61535
property conveyed to the university in Sub. H.B. 576 of the 117th	61536
general assembly;	61537

(2) Comment on and periodically review the progress on the	61538
implementation of the comprehensive land use plans described in	61539
division (A)(1) of this section.	61540

(B) The advisory committee created under division (A) of this	61541
section shall consist of the following members:	61542

(1) The president of Ohio university or the president's	61543
designee, who shall serve as chairperson of the advisory	61544
committee;	61545

(2) The mayor of the city of Athens or the mayor's designee;

61546

(3) The following members appointed by the president of Ohio	61547
university:	61548

(a) One Athens county commissioner;

61549

(b) One to three individuals who reside in Athens county and	61550
have special knowledge and experience in land use planning,	61551
preservation, or economic development.	61552

Vacancies on the committee shall be filled in the same manner	61553
as the original appointments.	61554

Sec. 3345.05. (A) All registration fees, nonresident tuition	61555
fees, academic fees for the support of off-campus instruction,	61556
laboratory and course fees when so assessed and collected, student	61557
health fees for the support of a student health service, all other	61558
fees, deposits, charges, receipts, and income from all or part of	61559
the students, all subsidy or other payments from state	61560
appropriations, and all other fees, deposits, charges, receipts,	61561
income, and revenue received by each state institution of higher	61562
education, the Ohio state university hospitals and their ancillary	61563
facilities, the Ohio agricultural research and development center,	61564
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	61565
shall be held and administered by the respective boards of	61566
trustees of the state institution of higher education; provided,	61567
that such fees, deposits, charges, receipts, income and revenue,	61568
to the extent required by resolutions, trust agreements,	61569
indentures, leases, and agreements adopted, made, or entered into	61570
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	61571
Revised Code, shall be held, administered, transferred, and	61572
applied in accordance therewith.	61573

(B) The Ohio board of regents shall require annual reporting	61574
by the Ohio agricultural research and development center and by	61575
each university and college receiving state aid in such form and	61576
detail as determined by the board in consultation with such	61577
center, universities and colleges, and the director of budget and	61578
management.	61579

(C) Notwithstanding any provision of the Revised Code to the	61580
contrary, the title to investments made by the board of trustees	61581
of a state institution of higher education with funds derived from	61582
any of the sources described in division (A) of this section shall	61583
not be vested in the state or the political subdivision but shall	61584
be held in trust by the board. Such investments shall be made	61585
pursuant to an investment policy adopted by the board in public	61586
session that requires all fiduciaries to discharge their duties	61587
with the care, skill, prudence, and diligence under the	61588
circumstances then prevailing that a prudent person acting in like	61589
capacity and familiar with such matters would use in the conduct	61590
of an enterprise of a like character and with like aims. The	61591
policy also shall require at least the following:	61592

(1) A stipulation that investment of at least twenty-five per	61593
cent of the average amount of the investment portfolio over the	61594
course of the previous fiscal year be invested in securities of	61595
the United States government or of its agencies or	61596
instrumentalities, the treasurer of state's pooled investment	61597
program, obligations of this state or any political subdivision of	61598
this state, certificates of deposit of any national bank located	61599
in this state, written repurchase agreements with any eligible	61600
Ohio financial institution that is a member of the federal reserve	61601
system or federal home loan bank, money market funds, or bankers	61602
acceptances maturing in two hundred seventy days or less which are	61603
eligible for purchase by the federal reserve system, as a reserve;	61604

(2) Eligible funds above those that meet the conditions of	61605
division (C)(1) of this section may be pooled with other	61606
institutional funds and invested in accordance with section	61607
1715.52 of the Revised Code.	61608

(3) The establishment of an investment committee.

61609

(D) The investment committee established under division	61610
(C)(3) of this section shall meet at least quarterly. The	61611
committee shall review and recommend revisions to the board's	61612
investment policy and shall advise the board on its investments	61613
made under division (C) of this section in an effort to assist it	61614
in meeting its obligations as a fiduciary as described in division	61615
(C) of this section. The committee shall be authorized to retain	61616
the services of an investment advisor who meets both of the	61617
following qualifications:	61618

(1) The advisor is either:

61619

(a) Licensed by the division of securities under section	61620
1707.141 of the Revised Code;	61621

(b) Registered with the securities and exchange commission.

61622

(2) The advisor either:

61623

(a) Has experience in the management of investments of public	61624
funds, especially in the investment of state-government investment	61625
portfolios;	61626

(b) Is an eligible institution referenced in section 135.03	61627
of the Revised Code.	61628

(E) As used in this section, "state institution of higher	61629
education" means a state institution of higher education as	61630
defined in section 3345.011 of the Revised Code.	61631

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	61632
section, a graduate of the twelfth grade shall be entitled to	61633
admission without examination to any college or university which	61634
is supported wholly or in part by the state, but for unconditional	61635
admission may be required to complete such units not included in	61636
the graduate's high school course as may be prescribed, not less	61637
than two years prior to the graduate's entrance, by the faculty of	61638
the institution.	61639

(B) Beginning with the 2014-2015 academic year, each state	61640
university listed in section 3345.011 of the Revised Code, except	61641
for Central state university, Shawnee state university, and	61642
Youngstown state university, shall permit a resident of this state	61643
who entered ninth grade for the first time on or after July 1,	61644
2010, to begin undergraduate coursework at the university only if	61645
the person has successfully completed the Ohio core curriculum for	61646
high school graduation prescribed in division (C) of section	61647
3313.603 of the Revised Code, unless one of the following applies:	61648

(1) The person has earned at least ten semester hours, or the	61649
equivalent, at a community college, state community college,	61650
university branch, technical college, or another post-secondary	61651
institution except a state university to which division (B) of	61652
this section applies, in courses that are college-credit-bearing	61653
and may be applied toward the requirements for a degree. The	61654
university shall grant credit for successful completion of those	61655
courses pursuant to any applicable articulation and transfer	61656
policy of the Ohio board of regents or any agreements the	61657
university has entered into in accordance with policies and	61658
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	61659
the Revised Code. The university may count college credit that the	61660
student earned while in high school through the post-secondary	61661
enrollment options program under Chapter 3365. of the Revised	61662
Code, or through other dual enrollment programs, toward the	61663
requirements of division (B)(1) of this section if the credit may	61664
be applied toward a degree.	61665

(2) The person qualified to graduate from high school under	61666
division (D) or (F) of section 3313.603 of the Revised Code and	61667
has successfully completed the topics or courses that the person	61668
lacked to graduate under division (C) of that section at any	61669
post-secondary institution or at a summer program at the state	61670
university. A state university may admit a person for enrollment	61671
contingent upon completion of such topics or courses or summer	61672
program.	61673

(3) The person met the high school graduation requirements by	61674
successfully completing the person's individualized education	61675
program developed under section 3323.08 of the Revised Code.	61676

~~(3)~~(4) The person is receiving or has completed the final	61677
year of instruction at home as authorized under section 3321.04 of	61678
the Revised Code, or has graduated from a nonchartered, nonpublic	61679
school in Ohio, and demonstrates mastery of the academic content	61680
and skills in reading, writing, and mathematics needed to	61681
successfully complete introductory level coursework at an	61682
institution of higher education and to avoid remedial coursework.	61683

~~(4)~~(5) The person is a high school student participating in	61684
the post-secondary enrollment options program under Chapter 3365.	61685
of the Revised Code or another dual enrollment program.	61686

(C) A state university subject to division (B) of this	61687
section may delay admission for or admit conditionally an	61688
undergraduate student who has successfully completed the Ohio core	61689
curriculum if the university determines the student requires	61690
academic remedial or developmental coursework. The university may	61691
delay admission pending, or make admission conditional upon, the	61692
student's successful completion of the academic remedial or	61693
developmental coursework at a university branch, community	61694
college, state community college, or technical college.	61695

(D) This section does not deny the right of a college of law,	61696
medicine, or other specialized education to require college	61697
training for admission, or the right of a department of music or	61698
other art to require particular preliminary training or talent.	61699

Sec. 3345.12. (A) As used in this section and sections	61700
3345.07 and 3345.11 of the Revised Code, in other sections of the	61701
Revised Code that make reference to this section unless the	61702
context does not permit, and in related bond proceedings unless	61703
otherwise expressly provided:	61704

(1) "State university or college" means each of the state	61705
universities identified in section 3345.011 of the Revised Code	61706
and the northeast Ohio medical university, and includes its board	61707
of trustees.	61708

(2) "Institution of higher education" or "institution" means	61709
a state university or college, or a community college district,	61710
technical college district, university branch district, or state	61711
community college, and includes the applicable board of trustees	61712
or, in the case of a university branch district, any other	61713
managing authority.	61714

(3) "Housing and dining facilities" means buildings,	61715
structures, and other improvements, and equipment, real estate,	61716
and interests in real estate therefor, to be used for or in	61717
connection with dormitories or other living quarters and	61718
accommodations, or related dining halls or other food service and	61719
preparation facilities, for students, members of the faculty,	61720
officers, or employees of the institution of higher education, and	61721
their spouses and families.	61722

(4) "Auxiliary facilities" means buildings, structures, and	61723
other improvements, and equipment, real estate, and interests in	61724
real estate therefor, to be used for or in connection with student	61725
activity or student service facilities, housing and dining	61726
facilities, dining halls, and other food service and preparation	61727
facilities, vehicular parking facilities, bookstores, athletic and	61728
recreational facilities, faculty centers, auditoriums, assembly	61729
and exhibition halls, hospitals, infirmaries and other medical and	61730
health facilities, research, and continuing education facilities.	61731

(5) "Education facilities" means buildings, structures, and	61732
other improvements, and equipment, real estate, and interests in	61733
real estate therefor, to be used for or in connection with,	61734
classrooms or other instructional facilities, libraries,	61735
administrative and office facilities, and other facilities, other	61736
than auxiliary facilities, to be used directly or indirectly for	61737
or in connection with the conduct of the institution of higher	61738
education.	61739

(6) "Facilities" means housing and dining facilities,	61740
auxiliary facilities, or education facilities, and includes any	61741
one, part of, or any combination of such facilities, and further	61742
includes site improvements, utilities, machinery, furnishings, and	61743
any separate or connected buildings, structures, improvements,	61744
sites, open space and green space areas, utilities or equipment to	61745
be used in, or in connection with the operation or maintenance of,	61746
or supplementing or otherwise related to the services or	61747
facilities to be provided by, such facilities.	61748

(7) "Obligations" means bonds or notes or other evidences of	61749
obligation, including interest coupons pertaining thereto,	61750
authorized to be issued under this section or section 3345.07,	61751
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	61752
Code.	61753

(8) "Bond service charges" means principal, including any	61754
mandatory sinking fund or redemption requirements for the	61755
retirement of obligations or assurances, interest, or interest	61756
equivalent and other accreted amounts, and any call premium	61757
required to be paid on obligations or assurances.	61758

(9) "Bond proceedings" means the resolutions, trust	61759
agreement, indenture, and other agreements and credit enhancement	61760
facilities, and amendments and supplements to the foregoing, or	61761
any one or more or combination thereof, authorizing, awarding, or	61762
providing for the terms and conditions applicable to, or providing	61763
for the security or liquidity of, obligations or assurances, and	61764
the provisions contained in those obligations or assurances.	61765

(10) "Costs of facilities" means the costs of acquiring,	61766
constructing, reconstructing, rehabilitating, remodeling,	61767
renovating, enlarging, improving, equipping, or furnishing	61768
facilities, and the financing thereof, including the cost of	61769
clearance and preparation of the site and of any land to be used	61770
in connection with facilities, the cost of any indemnity and	61771
surety bonds and premiums on insurance, all related direct	61772
administrative expenses and allocable portions of direct costs of	61773
the institution of higher education or state agency, cost of	61774
engineering, architectural services, design, plans, specifications	61775
and surveys, estimates of cost, legal fees, fees and expenses of	61776
trustees, depositories, bond registrars, and paying agents for the	61777
obligations, cost of issuance of the obligations and financing	61778
costs and fees and expenses of financial advisers and consultants	61779
in connection therewith, interest on the obligations from the date	61780
thereof to the time when interest is to be covered by available	61781
receipts or other sources other than proceeds of the obligations,	61782
amounts necessary to establish reserves as required by the bond	61783
proceedings, costs of audits, the reimbursements of all moneys	61784
advanced or applied by or borrowed from the institution or others,	61785
from whatever source provided, including any temporary advances	61786
from state appropriations, for the payment of any item or items of	61787
cost of facilities, and all other expenses necessary or incident	61788
to planning or determining feasibility or practicability with	61789
respect to facilities, and such other expenses as may be necessary	61790
or incident to the acquisition, construction, reconstruction,	61791
rehabilitation, remodeling, renovation, enlargement, improvement,	61792
equipment, and furnishing of facilities, the financing thereof and	61793
the placing of them in use and operation, including any one, part	61794
of, or combination of such classes of costs and expenses.	61795

(11) "Available receipts" means all moneys received by the	61796
institution of higher education, including income, revenues, and	61797
receipts from the operation, ownership, or control of facilities	61798
or entrepreneurial projects, grants, gifts, donations, and pledges	61799
and receipts therefrom, receipts from fees and charges, and the	61800
proceeds of the sale of obligations or assurances, including	61801
proceeds of obligations or assurances issued to refund obligations	61802
or assurances previously issued, but excluding any special fee,	61803
and receipts therefrom, charged pursuant to division (D) of	61804
section 154.21 of the Revised Code.	61805

(12) "Credit enhancement facilities" has the meaning given in	61806
division (H) of section 133.01 of the Revised Code.	61807

(13) "Financing costs" has the meaning given in division (K)	61808
of section 133.01 of the Revised Code.	61809

(14) "Interest" or "interest equivalent" has the meaning	61810
given in division (R) of section 133.01 of the Revised Code.	61811

(15) "Assurances" means bonds, notes, or other evidence of	61812
indebtedness, including interest coupons pertaining thereto,	61813
authorized to be issued under section 3345.36 of the Revised Code.	61814

(16) "Entrepreneurial project" has the same meaning as in	61815
section 3345.36 of the Revised Code.	61816

(17) "Costs of entrepreneurial projects" means any costs	61817
related to the establishment or development of entrepreneurial	61818
projects pursuant to a resolution adopted under section 3345.36 of	61819
the Revised Code.	61820

(B) Obligations issued under section 3345.07 or 3345.11 of	61821
the Revised Code by a state university or college shall be	61822
authorized by resolution of its board of trustees. Obligations	61823
issued by any other institution of higher education shall be	61824
authorized by resolution of its board of trustees, or managing	61825
directors in the case of certain university branch districts, as	61826
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	61827
apply to obligations and assurances. Obligations and assurances	61828
may be issued to pay costs of facilities or entrepreneurial	61829
projects even if the institution anticipates the possibility of a	61830
future state appropriation to pay all or a portion of such costs.	61831

(C) Obligations and assurances shall be secured by a pledge	61832
of and lien on all or such part of the available receipts of the	61833
institution of higher education as it provides for in the bond	61834
proceedings, excluding moneys raised by taxation and state	61835
appropriations except as permitted by section ~~3333.90~~3333.59 of	61836
the Revised Code. Such pledge and lien may be made prior to all	61837
other expenses, claims, or payments, excepting any pledge of such	61838
available receipts previously made to the contrary and except as	61839
provided by any existing restrictions on the use thereof, or such	61840
pledge and lien may be made subordinate to such other expenses,	61841
claims, or payments, as provided in the bond proceedings.	61842
Obligations or assurances may be additionally secured by covenants	61843
of the institution to make, fix, adjust, collect, and apply such	61844
charges, rates, fees, rentals, and other items of available	61845
receipts as will produce pledged available receipts sufficient to	61846
meet bond service charges, reserve, and other requirements	61847
provided for in the bond proceedings. Notwithstanding this and any	61848
other sections of the Revised Code, the holders or owners of the	61849
obligations or assurances shall not be given the right and shall	61850
have no right to have excises or taxes levied by the general	61851
assembly for the payment of bond service charges thereon, and each	61852
such obligation or assurance shall bear on its face a statement to	61853
that effect and to the effect that the right to such payment is	61854
limited to the available receipts and special funds pledged to	61855
such purpose under the bond proceedings.	61856

All pledged available receipts and funds and the proceeds of	61857
obligations or assurances are trust funds and, subject to the	61858
provisions of this section and the applicable bond proceedings,	61859
shall be held, deposited, invested, reinvested, disbursed,	61860
applied, and used to such extent, in such manner, at such times,	61861
and for such purposes, as are provided in the bond proceedings.	61862

(D) The bond proceedings for obligations or assurances shall	61863
provide for the purpose thereof and the principal amount or	61864
maximum principal amount, and provide for or authorize the manner	61865
of determining the principal maturity or maturities, the sale	61866
price including any permitted discount, the interest rate or	61867
rates, which may be a variable rate or rates, or the maximum	61868
interest rate, the date of the obligations or assurances and the	61869
date or dates of payment of interest thereon, their denominations,	61870
the manner of sale thereof, and the establishment within or	61871
without the state of a place or places of payment of bond service	61872
charges. The bond proceedings also shall provide for a pledge of	61873
and lien on available receipts of the institution of higher	61874
education as provided in division (C) of this section, and a	61875
pledge of and lien on such fund or funds provided in the bond	61876
proceedings arising from available receipts, which pledges and	61877
liens may provide for parity with obligations or assurances	61878
theretofore or thereafter issued by the institution. The available	61879
receipts so pledged and thereafter received by the institution and	61880
the funds so pledged are immediately subject to the lien of such	61881
pledge without any physical delivery thereof or further act, and	61882
the lien of any such pledge is valid and binding against all	61883
parties having claims of any kind against the institution,	61884
irrespective of whether such parties have notice thereof, and	61885
shall create a perfected security interest for all purposes of	61886
Chapter 1309. of the Revised Code, without the necessity for	61887
separation or delivery of funds or for the filing or recording of	61888
the bond proceedings by which such pledge is created or any	61889
certificate, statement, or other document with respect thereto;	61890
and the pledge of such available receipts and funds shall be	61891
effective and the money therefrom and thereof may be applied to	61892
the purposes for which pledged without necessity for any act of	61893
appropriation.	61894

(E) The bond proceedings may contain additional provisions	61895
customary or appropriate to the financing or to the obligations or	61896
assurances or to particular obligations and assurances, including:	61897

(1) The acquisition, construction, reconstruction, equipment,	61898
furnishing, improvement, operation, alteration, enlargement,	61899
maintenance, insurance, and repair of facilities or	61900
entrepreneurial projects, and the duties of the institution of	61901
higher education with reference thereto;	61902

(2) The terms of the obligations or assurances, including	61903
provisions for their redemption prior to maturity at the option of	61904
the institution of higher education at such price or prices and	61905
under such terms and conditions as are provided in the bond	61906
proceedings;	61907

(3) Limitations on the purposes to which the proceeds of the	61908
obligations or assurances may be applied;	61909

(4) The rates or rentals or other charges for the use of or	61910
right to use the facilities or entrepreneurial projects financed	61911
by the obligations or assurances, or other properties the revenues	61912
or receipts from which are pledged to the obligations or	61913
assurances, and rules for assuring any applicable use and	61914
occupancy thereof, including limitations upon the right to modify	61915
such rates, rentals, other charges, or regulations;	61916

(5) The use and expenditure of the pledged available receipts	61917
in such manner and to such extent as shall be determined, which	61918
may include provision for the payment of the expenses of	61919
operation, maintenance, and repair of facilities or	61920
entrepreneurial projects so that such expenses, or part thereof,	61921
shall be paid or provided as a charge prior or subsequent to the	61922
payment of bond service charges and any other payments required to	61923
be made by the bond proceedings;	61924

(6) Limitations on the issuance of additional obligations or	61925
assurances;	61926

(7) The terms of any trust agreement or indenture securing	61927
the obligations or assurances or under which the same may be	61928
issued;	61929

(8) The deposit, investment, and application of funds, and	61930
the safeguarding of funds on hand or on deposit without regard to	61931
Chapter 131. or 135. of the Revised Code, and any bank or trust	61932
company or other financial institution that acts as depository of	61933
any moneys under the bond proceedings shall furnish such	61934
indemnifying bonds or pledge such securities as required by the	61935
bond proceedings or otherwise by the institution of higher	61936
education;	61937

(9) The binding effect of any or every provision of the bond	61938
proceedings upon such officer, board, commission, authority,	61939
agency, department, or other person or body as may from time to	61940
time have the authority under law to take such actions as may be	61941
necessary to perform all or any part of the duty required by such	61942
provision;	61943

(10) Any provision that may be made in a trust agreement or	61944
indenture;	61945

(11) Any other or additional agreements with respect to the	61946
facilities of the institution of higher education or its	61947
entrepreneurial projects, their operation, the available receipts	61948
and funds pledged, and insurance of facilities or entrepreneurial	61949
projects and of the institution, its officers and employees.	61950

(F) Such obligations or assurances may have the seal of the	61951
institution of higher education or a facsimile thereof affixed	61952
thereto or printed thereon and shall be executed by such officers	61953
as are designated in the bond proceedings, which execution may be	61954
by facsimile signatures. Any obligations or assurances may be	61955
executed by an officer who, on the date of execution, is the	61956
proper officer although on the date of such obligations or	61957
assurances such person was not the proper officer. In case any	61958
officer whose signature or a facsimile of whose signature appears	61959
on any such obligation or assurance ceases to be such officer	61960
before delivery thereof, such signature or facsimile is	61961
nevertheless valid and sufficient for all purposes as if the	61962
person had remained such officer until such delivery; and in case	61963
the seal of the institution has been changed after a facsimile of	61964
the seal has been imprinted on such obligations or assurances,	61965
such facsimile seal continues to be sufficient as to such	61966
obligations or assurances and obligations or assurances issued in	61967
substitution or exchange therefor.	61968

(G) All such obligations or assurances are negotiable	61969
instruments and securities under Chapter 1308. of the Revised	61970
Code, subject to the provisions of the bond proceedings as to	61971
registration. The obligations or assurances may be issued in	61972
coupon or in registered form, or both. Provision may be made for	61973
the registration of any obligations or assurances with coupons	61974
attached thereto as to principal alone or as to both principal and	61975
interest, their exchange for obligations or assurances so	61976
registered, and for the conversion or reconversion into	61977
obligations or assurances with coupons attached thereto of any	61978
obligations or assurances registered as to both principal and	61979
interest, and for reasonable charges for such registration,	61980
exchange, conversion, and reconversion.	61981

(H) Pending preparation of definitive obligations or	61982
assurances, the institution of higher education may issue interim	61983
receipts or certificates which shall be exchanged for such	61984
definitive obligations or assurances.	61985

(I) Such obligations or assurances may be secured	61986
additionally by a trust agreement or indenture between the	61987
institution of higher education and a corporate trustee, which may	61988
be any trust company or bank having the powers of a trust company	61989
within or without this state but authorized to exercise trust	61990
powers within this state. Any such agreement or indenture may	61991
contain the resolution authorizing the issuance of the obligations	61992
or assurances, any provisions that may be contained in the bond	61993
proceedings as authorized by this section, and other provisions	61994
which are customary or appropriate in an agreement or indenture of	61995
such type, including:	61996

(1) Maintenance of each pledge, trust agreement, and	61997
indenture, or other instrument comprising part of the bond	61998
proceedings until the institution of higher education has fully	61999
paid the bond service charges on the obligations or assurances	62000
secured thereby, or provision therefor has been made;	62001

(2) In the event of default in any payments required to be	62002
made by the bond proceedings, or any other agreement of the	62003
institution of higher education made as a part of the contract	62004
under which the obligations or assurances were issued, enforcement	62005
of such payments or agreement by mandamus, the appointment of a	62006
receiver, suit in equity, action at law, or any combination of the	62007
foregoing;	62008

(3) The rights and remedies of the holders of obligations or	62009
assurances and of the trustee, and provisions for protecting and	62010
enforcing them, including limitations on rights of individual	62011
holders of obligations or assurances;	62012

(4) The replacement of any obligations or assurances that	62013
become mutilated or are destroyed, lost, or stolen;	62014

(5) Such other provisions as the trustee and the institution	62015
of higher education agree upon, including limitations, conditions,	62016
or qualifications relating to any of the foregoing.	62017

(J) Each duty of the institution of higher education and its	62018
officers or employees, undertaken pursuant to the bond proceedings	62019
or any related agreement or lease made under authority of law, is	62020
hereby established as a duty of such institution, and of each such	62021
officer or employee having authority to perform such duty,	62022
specially enjoined by law resulting from an office, trust, or	62023
station within the meaning of section 2731.01 of the Revised Code.	62024
The persons who are at the time the members of the board of	62025
trustees or the managing directors of the institution or its	62026
officers or employees are not liable in their personal capacities	62027
on such obligations or assurances, or lease, or other agreement of	62028
the institution.	62029

(K) The authority to issue obligations or assurances includes	62030
authority to:	62031

(1) Issue obligations or assurances in the form of bond	62032
anticipation notes and to renew them from time to time by the	62033
issuance of new notes. Such notes are payable solely from the	62034
available receipts and funds that may be pledged to the payment of	62035
such bonds, or from the proceeds of such bonds or renewal notes,	62036
or both, as the institution of higher education provides in its	62037
resolution authorizing such notes. Such notes may be additionally	62038
secured by covenants of the institution to the effect that it will	62039
do such or all things necessary for the issuance of such bonds or	62040
renewal notes in appropriate amount, and either exchange such	62041
bonds or renewal notes therefor or apply the proceeds thereof to	62042
the extent necessary, to make full payment of the bond service	62043
charges on such notes at the time or times contemplated, as	62044
provided in such resolution. Subject to the provisions of this	62045
division, all references to obligations or assurances in this	62046
section apply to such anticipation notes.	62047

(2) Issue obligations or assurances to refund, including	62048
funding and retirement of, obligations or assurances previously	62049
issued to pay costs of facilities or entrepreneurial projects.	62050
Such obligations or assurances may be issued in amounts sufficient	62051
for payment of the principal amount of the obligations or	62052
assurances to be so refunded, any redemption premiums thereon,	62053
principal maturities of any obligations or assurances maturing	62054
prior to the redemption of any other obligations or assurances on	62055
a parity therewith to be so refunded, interest accrued or to	62056
accrue to the maturity date or dates of redemption of such	62057
obligations or assurances, and any expenses incurred or to be	62058
incurred in connection with such refunding or the issuance of the	62059
obligations or assurances.	62060

(L) Obligations and assurances are lawful investments for	62061
banks, societies for savings, savings and loan associations,	62062
deposit guarantee associations, trust companies, trustees,	62063
fiduciaries, insurance companies, including domestic for life and	62064
domestic not for life, trustees or other officers having charge of	62065
sinking and bond retirement or other special funds of political	62066
subdivisions and taxing districts of this state, the commissioners	62067
of the sinking fund, the administrator of workers' compensation in	62068
accordance with the investment policy approved by the bureau of	62069
workers' compensation board of directors pursuant to section	62070
4121.12 of the Revised Code, the state teachers retirement system,	62071
the public employees retirement system, the school employees	62072
retirement system, and the Ohio police and fire pension fund,	62073
notwithstanding any other provisions of the Revised Code or rules	62074
adopted pursuant thereto by any state agency with respect to	62075
investments by them, and are also acceptable as security for the	62076
deposit of public moneys.	62077

(M) All facilities or entrepreneurial projects purchased,	62078
acquired, constructed, or owned by an institution of higher	62079
education, or financed in whole or in part by obligations or	62080
assurances issued by an institution, and used for the purposes of	62081
the institution or other publicly owned and controlled college or	62082
university, is public property used exclusively for a public	62083
purpose, and such property and the income therefrom is exempt from	62084
all taxation and assessment within this state, including ad	62085
valorem and excise taxes. The obligations or assurances, the	62086
transfer thereof, and the income therefrom, including any profit	62087
made on the sale thereof, are at all times free from taxation	62088
within the state. The transfer of tangible personal property by	62089
lease under authority of this section or section 3345.07, 3345.11,	62090
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	62091
Code is not a sale as used in Chapter 5739. of the Revised Code.	62092

(N) The authority granted by this section is cumulative with	62093
the authority granted to institutions of higher education under	62094
Chapter 154. of the Revised Code, and nothing in this section	62095
impairs or limits the authority granted by Chapter 154. of the	62096
Revised Code. In any lease, agreement, or commitment made by an	62097
institution of higher education under Chapter 154. of the Revised	62098
Code, it may agree to restrict or subordinate any pledge it may	62099
thereafter make under authority of this section.	62100

(O) Title to lands acquired under this section and sections	62101
3345.07 and 3345.11 of the Revised Code by a state university or	62102
college shall be taken in the name of the state.	62103

(P) Except where costs of facilities or entrepreneurial	62104
projects are to be paid in whole or in part from funds	62105
appropriated by the general assembly, section 125.81 of the	62106
Revised Code and the requirement for certification with respect	62107
thereto under section 153.04 of the Revised Code do not apply to	62108
such facilities or entrepreneurial projects.	62109

(Q) A state university or college may sell or lease lands or	62110
interests in land owned by it or by the state for its use, or	62111
facilities authorized to be acquired or constructed by it under	62112
section 3345.07 or 3345.11 of the Revised Code, to permit the	62113
purchasers or lessees thereof to acquire, construct, equip,	62114
furnish, reconstruct, alter, enlarge, remodel, renovate,	62115
rehabilitate, improve, maintain, repair, or maintain and operate	62116
thereon and to provide by lease or otherwise to such institution,	62117
facilities authorized in section 3345.07 or 3345.11 of the Revised	62118
Code or entrepreneurial projects authorized under section 3345.36	62119
of the Revised Code. Such land or interests therein shall be sold	62120
for such appraised value, or leased, and on such terms as the	62121
board of trustees determines. All deeds or other instruments	62122
relating to such sales or leases shall be executed by such officer	62123
of the state university or college as the board of trustees	62124
designates. The state university or college shall hold, invest, or	62125
use the proceeds of such sales or leases for the same purposes for	62126
which proceeds of borrowings may be used under sections 3345.07	62127
and 3345.11 of the Revised Code or, if the proceeds relate to the	62128
sale or lease of entrepreneurial projects, for purposes of section	62129
3345.36 of the Revised Code.	62130

(R) An institution of higher education may pledge available	62131
receipts, to the extent permitted by division (C) of this section	62132
with respect to obligations, to secure the payments to be made by	62133
it under any lease, lease with option to purchase, or	62134
lease-purchase agreement authorized under this section or section	62135
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	62136
3358.10 of the Revised Code.	62137

Sec. 3345.48. (A) As used in this section:

62138

(1) "Cohort" means a group of students who will complete	62139
their bachelor's degree requirements and graduate from a state	62140
university at the same time. A cohort may include transfer	62141
students and other selected undergraduate student academic	62142
programs as determined by the board of trustees of a state	62143
university.	62144

(2) "Eligible student" means an undergraduate student who:

62145

(a) Is enrolled full-time in a bachelor's degree program at a	62146
state university;	62147

(b) Is a resident of this state, as defined by the chancellor	62148
of the Ohio board of regents under section 3333.31 of the Revised	62149
Code.	62150

(3) "State university" has the same meaning as in section	62151
3345.011 of the Revised Code.	62152

(B) The board of trustees of a state university may establish	62153
an undergraduate tuition guarantee program that allows eligible	62154
students in the same cohort to pay a fixed rate for general and	62155
instructional fees for four years. A board of trustees may include	62156
room and board and any additional fees in the program.	62157

If the board of trustees chooses to establish such a program,	62158
the board shall adopt rules for the program that include, but are	62159
not limited to, all of the following:	62160

(1) The number of credit hours required to earn an	62161
undergraduate degree in each major;	62162

(2) A guarantee that the general and instructional fees for	62163
each student in the cohort shall remain constant for four years so	62164
long as the student complies with the requirements of the program,	62165
except that, notwithstanding any law to the contrary, the board	62166
may increase the guaranteed amount by up to six per cent above	62167
what has been charged in the previous academic year one time for	62168
the first cohort enrolled under the tuition guarantee program. If	62169
the board of trustees determines that economic conditions or other	62170
circumstances require an increase for the first cohort of above	62171
six per cent, the board shall submit a request to increase the	62172
amount by a specified percentage to the chancellor. The	62173
chancellor, based on information the chancellor requires from the	62174
board of trustees, shall approve or disapprove such a request.	62175
Thereafter, the board of trustees may increase the guaranteed	62176
amount by up to the sum of the following above what has been	62177
charged in the previous academic year one time per subsequent	62178
cohort:	62179

(a) The average rate of inflation, as measured by the	62180
consumer price index prepared by the bureau of labor statistics of	62181
the United States department of labor (all urban consumers, all	62182
items), for the previous sixty-month period; and	62183

(b) The percentage amount the general assembly restrains	62184
increases on in-state undergraduate instructional and general fees	62185
for the applicable fiscal year. If the general assembly does not	62186
enact a limit on the increase of in-state undergraduate	62187
instructional and general fees, then no limit shall apply under	62188
this division for the cohort that first enrolls in any academic	62189
year for which the general assembly does not prescribe a limit.	62190

If, beginning with the academic year that starts four years	62191
after the effective date of this section, the board of trustees	62192
determines that the general and instructional fees charged under	62193
the tuition guarantee have fallen significantly lower than those	62194
of other state universities, the board of trustees may submit a	62195
request to increase the amount charged to a cohort by a specified	62196
percentage to the chancellor, who shall approve or disapprove such	62197
a request.	62198

(3) A benchmark by which the board sets annual increases in	62199
general and instructional fees. This benchmark and any subsequent	62200
change to the benchmark shall be subject to approval of the	62201
chancellor.	62202

(4) Eligibility requirements for students to participate in	62203
the program;	62204

(5) Student rights and privileges under the program;

62205

(6) Consequences to the university for students unable to	62206
complete a degree program within four years, as follows:	62207

(a) For a student who could not complete the program in four	62208
years due to a lack of available classes or space in classes	62209
provided by the university, the university shall provide the	62210
necessary course or courses for completion to the student free of	62211
charge.	62212

(b) For a student who could not complete the program in four	62213
years due to military service or other circumstances beyond a	62214
student's control, as determined by the board of trustees, the	62215
university shall provide the necessary course or courses for	62216
completion to the student at the student's initial cohort rate.	62217

(c) For a student who did not complete the program in four	62218
years for any other reason, as determined by the board of	62219
trustees, the university shall provide the necessary course or	62220
courses for completion to the student at a rate determined through	62221
a method established by the board under division (B)(7) of this	62222
section.	62223

(7) Guidelines for adjusting a student's annual charges if	62224
the student, due to circumstances under the student's control, is	62225
unable to complete a degree program within four years;	62226

(8) A requirement that the rules adopted under division (B)	62227
of this section be published or posted in the university handbook,	62228
course catalog, and web site.	62229

(C) If a board of trustees implements a program under this	62230
section, the board shall submit the rules adopted under division	62231
(B) of this section to the chancellor for approval before	62232
beginning implementation of the program.	62233

The chancellor shall not unreasonably withhold approval of a	62234
program if the program conforms in principle with the parameters	62235
and guidelines of this section.	62236

(D) A board of trustees of a state university may establish	62237
an undergraduate tuition guarantee program for nonresident	62238
students.	62239

(E) Within five years after the effective date of this	62240
section, the chancellor shall publish on the board of regents web	62241
site a report that includes all of the following:	62242

(1) The state universities that have adopted an undergraduate	62243
tuition guarantee program under this section;	62244

(2) The details of each undergraduate tuition guarantee	62245
program established under this section;	62246

(3) Comparative data, including general and instructional	62247
fees, room and board, graduation rates, and retention rates, from	62248
all state universities.	62249

Sec. 3345.81. Not later than May 1, 2014, the board of	62250
trustees of each institution of higher education, as defined by	62251
section 3345.12 of the Revised Code, shall adopt an	62252
institution-specific strategic completion plan designed to	62253
increase the number of degrees awarded. The plan shall be	62254
consistent with the mission and strategic priorities of the	62255
institution and include measurable completion goals.	62256

Sec. 3350.15. The northeast Ohio medical university may enter	62257
into a partnership with Cleveland state university to establish	62258
the northeast Ohio medical university academic campus at Cleveland	62259
state university, to enable fifty per cent or more of the medical	62260
curriculum taught to students enrolled under this partnership to	62261
be based in Cleveland at Cleveland state university, local	62262
hospitals, and community- and neighborhood-based primary care	62263
clinics. Cleveland state university shall not receive state	62264
capital appropriations to pay for facilities for the academic	62265
campus.	62266

Sec. 3353.01. As used in this chapter:

62267

(A) "Educational television or radio" means television or	62268
radio programs which serve the educational needs of the community	62269
and which meet the requirements of the federal communications	62270
commission for noncommercial educational television or radio.	62271

(B) "Educational telecommunications network" means a system	62272
of connected educational television, radio, or radio reading	62273
service facilities and coordinated programs established and	62274
operated or controlled by the ~~eTech Ohio~~broadcast educational	62275
media commission, pursuant to this chapter.	62276

(C) "Transmission" means the sending out of television,	62277
radio, or radio reading service programs, either directly to the	62278
public, or to broadcasting stations or services for simultaneous	62279
broadcast or rebroadcast.	62280

(D) "Transmission facilities" means structures, equipment,	62281
material, and services used in the transmission of educational	62282
television, radio, or radio reading service programs.	62283

(E) "Interconnection facilities" means the equipment,	62284
material, and services used to link one location to another	62285
location or to several locations by means of telephone line,	62286
coaxial cable, microwave relays, or other available technologies.	62287

(F) "Broadcasting station" means a properly licensed	62288
noncommercial educational television or radio station,	62289
appropriately staffed and equipped to produce programs or lessons	62290
and to broadcast programs.	62291

(G) "Radio reading service" means a nonprofit organization	62292
that disseminates news and other information to blind and	62293
physically handicapped persons.	62294

(H) "Affiliate" means an educational telecommunication	62295
entity, including a television or radio broadcasting station or	62296
radio reading service.	62297

Sec. 3353.02. (A) There is hereby created the ~~eTech Ohio~~	62298
broadcast educational media commission as an independent agency to	62299
advance education and accelerate the learning of the citizens of	62300
this state through ~~technology~~public educational broadcasting	62301
services. The commission shall provide leadership and support in	62302
extending the knowledge of the citizens of this state by promoting	62303
access to and use of ~~all forms of~~ educational ~~technology~~	62304
broadcasting services, including educational television and radio,	62305
and radio reading services~~, broadband networks, videotapes,~~	62306
~~compact discs, digital video on demand (DVD), and the internet~~.	62307
The commission also shall administer programs to provide financial	62308
and other assistance to ~~school districts and other educational~~	62309
~~institutions for the acquisition and utilization of~~ educational	62310
~~technology~~television and radio and radio reading services.	62311

The commission is a body corporate and politic, an agency of	62312
the state performing essential governmental functions of the	62313
state.	62314

(B) The commission shall consist of thirteen members, nine of	62315
whom shall be voting members. Six of the voting members shall be	62316
representatives of the public selected from among leading citizens	62317
in the state who have demonstrated interest in educational	62318
broadcast media through service on boards or advisory councils of	62319
educational television stations, educational radio stations,	62320
educational technology agencies, or radio reading services. Of the	62321
representatives of the public, four shall be appointed by the	62322
governor with the advice and consent of the senate, one shall be	62323
appointed by the speaker of the house of representatives, and one	62324
shall be appointed by the president of the senate. The	62325
superintendent of public instruction or a designee of the	62326
superintendent, the chancellor of the Ohio board of regents or a	62327
designee of the chancellor, and the state chief information	62328
officer or a designee of the officer shall be ex officio voting	62329
members. Of the nonvoting members, two shall be members of the	62330
house of representatives appointed by the speaker of the house of	62331
representatives and two shall be members of the senate appointed	62332
by the president of the senate. The members appointed from each	62333
chamber shall not be members of the same political party.	62334

(C) Initial terms of office for members appointed by the	62335
governor shall be one year for one member, two years for one	62336
member, three years for one member, and four years for one member.	62337
At the first meeting of the commission, members appointed by the	62338
governor shall draw lots to determine the length of the term each	62339
member will serve. Thereafter, terms of office for members	62340
appointed by the governor shall be for four years. Terms of office	62341
for voting members appointed by the speaker of the house of	62342
representatives and the president of the senate shall be for four	62343
years. Any member who is a representative of the public may be	62344
reappointed by the member's respective appointing authority, but	62345
no such member may serve more than two consecutive four-year	62346
terms. Such a member may be removed by the member's respective	62347
appointing authority for cause.	62348

Any legislative member appointed by the speaker of the house	62349
of representatives or the president of the senate who ceases to be	62350
a member of the legislative chamber from which the member was	62351
appointed shall cease to be a member of the commission. The	62352
speaker of the house of representatives and the president of the	62353
senate may remove their respective appointments to the commission	62354
at any time.	62355

(D) Vacancies among appointed members shall be filled in the	62356
manner provided for original appointments. Any member appointed to	62357
fill a vacancy occurring prior to the expiration of the term for	62358
which the member's predecessor was appointed shall hold office for	62359
the remainder of that term. Any appointed member shall continue in	62360
office subsequent to the expiration of that member's term until	62361
the member's successor takes office or until a period of sixty	62362
days has elapsed, whichever occurs first.	62363

(E) Members of the commission shall serve without	62364
compensation. The members who are representatives of the public	62365
shall be reimbursed, pursuant to office of budget and management	62366
guidelines, for actual and necessary expenses incurred in the	62367
performance of official duties.	62368

(F) The governor shall appoint the chairperson of the	62369
commission from among the commission's public voting members. The	62370
chairperson shall serve a term of two years and may be	62371
reappointed. The commission shall elect other officers as	62372
necessary from among its voting members and shall prescribe its	62373
rules of procedure.	62374

~~(G) The commission shall establish advisory groups as needed~~	62375
~~to address topics of interest and to provide guidance to the~~	62376
~~commission regarding educational technology issues and the~~	62377
~~technology~~ needs of educators, learners, and the public. Members	62378
of each advisory group shall be appointed by the commission and	62379
shall include representatives of individuals or organizations with	62380
an interest in the topic addressed by the advisory group.	62381

Sec. 3353.03. (A) The ~~eTech Ohio~~broadcast educational media	62382
commission shall appoint an executive director, who shall serve at	62383
the pleasure of the commission. The executive director shall have	62384
no authority other than that provided by law or delegated to the	62385
executive director by the commission. The executive director shall	62386
do all of the following:	62387

(1) Direct ~~commission employees in~~ the administration of all	62388
programs of the commission;	62389

(2) Provide leadership and support in extending the knowledge	62390
of the citizens of this state by promoting equal access to and use	62391
of ~~all forms of~~ educational ~~technology~~broadcast media, as	62392
directed by the commission;	62393

(3) Provide financial and other assistance to ~~school~~	62394
~~districts,~~ educational television and radio stations, radio	62395
reading services, ~~educational technology organizations, and other~~	62396
~~educational institutions for the acquisition and utilization of~~	62397
~~educational technology~~and related organizations and activities;	62398

(4) Implement policies and directives issued by the	62399
commission;	62400

(5) Perform other duties authorized by the commission.

62401

(B) The commission shall fix the compensation of the	62402
executive director. The executive director shall employ and fix	62403
the compensation for such employees as necessary to facilitate the	62404
activities and purposes of the commission. The employees shall	62405
serve at the pleasure of the executive director.	62406

(C) The employees of the commission shall be placed in the	62407
unclassified service.	62408

(D)(1) Except as provided in division (D)(2) of this section,	62409
the employees of the commission shall be exempt from Chapter 4117.	62410
of the Revised Code and shall not be public employees as defined	62411
in section 4117.01 of the Revised Code.	62412

(2) All employees of the commission who transferred to the	62413
commission from one of the commission's predecessor agencies upon	62414
the commission's creation and, when employed by the predecessor	62415
agency were included in a bargaining unit established under	62416
Chapter 4117. of the Revised Code, shall continue to be included	62417
in that bargaining unit, are public employees as defined in	62418
section 4117.01 of the Revised Code, and may collectively bargain	62419
with the commission in accordance with that chapter. Otherwise,	62420
any employee hired by the commission after July 1, 2005, either to	62421
fill vacancies or to fill new positions, shall be exempt from	62422
Chapter 4117. of the Revised Code and shall not be public	62423
employees as defined in section 4117.10 of the Revised Code.	62424

Sec. 3353.04. (A) The ~~eTech Ohio~~broadcast educational media	62425
commission may perform any act necessary to carry out the	62426
functions of this chapter, including any of the following:	62427

(1) ~~Make grants to institutions and other organizations as~~	62428
~~prescribed by the general assembly for the provision of technical~~	62429
~~assistance, professional development, and other support services~~	62430
~~to enable school districts, community schools established under~~	62431
~~Chapter 3314. of the Revised Code, other educational institutions,~~	62432
~~and affiliates to utilize educational technology;~~	62433

~~(2) Establish a reporting system for school districts,~~	62434
~~community schools, other educational institutions, affiliates, and~~	62435
~~educational technology organizations that receive financial~~	62436
~~assistance from the commission. The system may require the~~	62437
~~reporting of information regarding the manner in which the~~	62438
~~assistance was expended, the manner in which the equipment or~~	62439
~~services purchased with the assistance is being utilized, the~~	62440
~~results or outcome of the utilization, the manner in which the~~	62441
~~utilization is compatible with the statewide academic standards~~	62442
~~adopted by the state board of education pursuant to section~~	62443
~~3301.079 of the Revised Code, and any other information determined~~	62444
~~by the commission.~~	62445

~~(3) Ensure that, where appropriate, products produced by any~~	62446
~~entity to which the commission provides financial assistance for~~	62447
~~use in elementary and secondary education are aligned with the~~	62448
~~statewide academic standards adopted by the state board pursuant~~	62449
~~to section 3301.079 of the Revised Code;~~	62450

~~(4)~~ Promote accessibility tothrough broadcasting services of	62451
educational products aligned with the statewide academic	62452
standards, adopted by the state board pursuant to section 3301.079	62453
of the Revised Code, for school districts, community schools, and	62454
other entities serving grades kindergarten through twelve;	62455

~~(5)~~(2) Own or operate transmission facilities and	62456
interconnection facilities, or contract for transmission	62457
facilities and interconnection facilities, for an educational	62458
television, radio, or radio reading service network;	62459

~~(6)~~(3) Establish standards for interconnection facilities	62460
used by the commission in the transmission of educational	62461
television, radio, or radio reading service programming;	62462

~~(7)~~(4) Enter into agreements with noncommercial educational	62463
television or radio broadcasting stations or radio reading	62464
services for the operation of the interconnection;	62465

~~(8)~~(5) Enter into agreements with noncommercial educational	62466
television or radio broadcasting stations or radio reading	62467
services for the production and use of educational television,	62468
radio, or radio reading service programs to be transmitted by the	62469
educational telecommunications network;	62470

~~(9)~~(6) Execute contracts and other agreements necessary and	62471
desirable to carry out the purposes of this chapter and other	62472
duties prescribed to the commission by law or authorize the	62473
executive director of the commission to execute such contracts and	62474
agreements on the commission's behalf;	62475

~~(10)~~(7) Act as consultant with educational television and	62476
educational radio stations and radio reading services toward	62477
coordination within the state of the distribution of federal funds	62478
that may become available for equipment for educational	62479
broadcasting or radio reading services;	62480

~~(11)~~(8) Make payments to noncommercial Ohio educational	62481
television or radio broadcasting stations or radio reading	62482
services to sustain the operation of such stations or services;	62483

~~(12)~~(9) In consultation with participants in programs	62484
administered by the commission, establish guidelines governing	62485
purchasing and procurement that facilitate the timely and	62486
effective implementation of such programs;	62487

~~(13)~~(10) In consultation with participants in programs	62488
administered by the commission, consider the efficiency and cost	62489
savings of statewide procurement prior to allocating and releasing	62490
funds for such programs;	62491

~~(14)~~(11) In consultation with participants in programs	62492
administered by the commission, establish a systems support	62493
network to facilitate the timely implementation of the programs	62494
and other projects and activities for which the commission	62495
provides assistance.	62496

(B) Chapters 123., 124., 125., and 153. of the Revised Code	62497
and sections 9.331 to 9.335 of the Revised Code do not apply to	62498
contracts, programs, projects, or activities of the commission.	62499

Sec. 3353.06. (A) The affiliates services fund is hereby	62500
created in the state treasury. The ~~eTech Ohio~~broadcast	62501
educational media commission shall deposit any money it receives	62502
for services provided to affiliates to the credit of the fund,	62503
including:	62504

(1) Reimbursements for services provided to stations;

62505

(2) Charges levied for maintenance of telecommunications,	62506
broadcasting, or transmission equipment;	62507

(3) Contract or grant payments from affiliates.

62508

(B) The commission shall use money credited to the affiliates	62509
services fund for any commission operating purposes, including:	62510

(1) The purchase, repair, or maintenance of	62511
telecommunications, broadcasting, or transmission equipment;	62512

(2) The purchase or lease of educational programming;

62513

(3) The purchase of tape and digital media storage and	62514
maintenance of a media library;	62515

(4) ~~Professional development programs and services;~~

62516

~~(5)~~ Administrative expenses.

62517

Sec. 3353.07. (A) There is hereby created the Ohio	62518
government telecommunications service. The Ohio government	62519
telecommunications service shall provide the state government and	62520
affiliated organizations with multimedia support including audio,	62521
visual, and internet services, multimedia streaming, and hosting	62522
multimedia programs.	62523

Services relating to the official activities of the general	62524
assembly and the executive offices provided by the Ohio government	62525
telecommunications service shall be funded through grants to a	62526
~~public~~an educational television broadcasting station that will	62527
manage the staff and provide the services of the Ohio government	62528
telecommunications service. The Ohio educational television	62529
stations shall select a member station to manage the Ohio	62530
government telecommunications service. The Ohio government	62531
telecommunications service shall receive grants from, or contract	62532
with, any of the three branches of Ohio government, and their	62533
affiliates, to provide additional services. Services provided by	62534
the Ohio government telecommunications service shall not be used	62535
for political purposes included in campaign materials, or	62536
otherwise used to influence an election, legislation, issue,	62537
judicial decision, or other policy of state government.	62538

(B)(1) There is hereby created the legislative programming	62539
committee of the Ohio government telecommunications service that	62540
shall consist of the president of the senate, speaker of the house	62541
of representatives, minority leader of the senate, and minority	62542
leader of the house of representatives, or their designees, and	62543
the clerks of the senate and house of representatives as	62544
nonvoting, ex officio members. By a vote of a majority of its	62545
members, the program committee may add additional members to the	62546
committee.	62547

(2) The legislative programming committee shall adopt rules	62548
that govern the operation of the Ohio government	62549
telecommunications service relating to the general assembly and	62550
any affiliated organizations.	62551

Sec. 3365.01. As used in this chapter:

62552

(A) "College" means any state-assisted college or university	62553
described in section 3333.041 of the Revised Code, any nonprofit	62554
institution holding a certificate of authorization pursuant to	62555
Chapter 1713. of the Revised Code, any private institution exempt	62556
from regulation under Chapter 3332. of the Revised Code as	62557
prescribed in section 3333.046 of the Revised Code, and any	62558
institution holding a certificate of registration from the state	62559
board of career colleges and schools and program authorization for	62560
an associate or bachelor's degree program issued under section	62561
3332.05 of the Revised Code.	62562

(B) "School district," except as specified in division (G) of	62563
this section, means any school district to which a student is	62564
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	62565
the Revised Code and does not include a joint vocational or	62566
cooperative education school district.	62567

(C) "Parent" has the same meaning as in section 3313.64 of	62568
the Revised Code.	62569

(D) "Participant" means a student enrolled in a college under	62570
the post-secondary enrollment options program established by this	62571
chapter, including a student who has been excused from the	62572
compulsory attendance law for the purpose of home instruction	62573
under section 3321.04 of the Revised Code.	62574

(E) "Secondary grade" means the ninth through twelfth grades.

62575

(F) "School foundation payments" means the amount required to	62576
be paid to a school district for a fiscal year under Chapter 3317.	62577
of the Revised Code.	62578

(G) "Tuition base" means~~, with respect to a participant's~~	62579
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	62580
~~amount of the base funding supplements~~ specified in ~~divisions~~	62581
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	62582
the applicable fiscal year ~~2009~~.	62583

~~The participant's "school district" in the case of a~~	62584
~~participant enrolled in a community school shall be the school~~	62585
~~district in which the student is entitled to attend school under~~	62586
~~section 3313.64 or 3313.65 of the Revised Code.~~	62587

(H) "Educational program" means enrollment in one or more	62588
school districts, in a nonpublic school, or in a college under	62589
division (B) of section 3365.04 of the Revised Code.	62590

(I) "Nonpublic school" means a chartered or nonchartered	62591
school for which minimum standards are prescribed by the state	62592
board of education pursuant to division (D) of section 3301.07 of	62593
the Revised Code.	62594

(J) "School year" means the year beginning on the first day	62595
of July and ending on the thirtieth day of June.	62596

(K) "Community school" means any school established pursuant	62597
to Chapter 3314. of the Revised Code that includes secondary	62598
grades.	62599

(L) "STEM school" means a science, technology, engineering,	62600
and mathematics school established under Chapter 3326. of the	62601
Revised Code.	62602

Sec. 3365.02. There is hereby established the post-secondary	62603
enrollment options program under which a secondary grade student	62604
who is a resident of this state may enroll at a college, on a	62605
full- or part-time basis, and complete nonsectarian courses for	62606
high school and college credit.	62607

Secondary grade students in a nonpublic school may	62608
participate in the post-secondary enrollment options program if	62609
the chief administrator of such school notifies the department of	62610
education by the first day of April prior to the school year in	62611
which the school's students will participate.	62612

The state board of education, after consulting with the board	62613
of regents, shall adopt rules governing the program. The rules	62614
shall include:	62615

(A) Requirements for school districts, community schools, or	62616
participating nonpublic schools to provide information about the	62617
program prior to the first day of March of each year to all	62618
students enrolled in grades eight through eleven;	62619

(B) A requirement that a student or the student's parent	62620
inform the district board of education, the governing authority of	62621
a community school, the STEM school chief administrative officer,	62622
or the nonpublic school administrator by the thirtieth day of	62623
March of the student's intent to participate in the program during	62624
the following school year. The rule shall provide that any student	62625
who fails to provide the notification by the required date may not	62626
participate in the program during the following school year	62627
without the written consent of the district superintendent, the	62628
governing authority of a community school, the STEM school chief	62629
administrative officer, or the nonpublic school administrator.	62630

(C) Requirements that school districts, community schools,	62631
and STEM schools provide counseling services to students in grades	62632
eight through eleven and to their parents before the students	62633
participate in the program under this chapter to ensure that	62634
students and parents are fully aware of the possible risks and	62635
consequences of participation. Counseling information shall	62636
include without limitation:	62637

(1) Program eligibility;

62638

(2) The process for granting academic credits;

62639

(3) Financial arrangements for tuition, books, materials, and	62640
fees;	62641

(4) Criteria for any transportation aid;

62642

(5) Available support services;

62643

(6) Scheduling;

62644

(7) The consequences of failing or not completing a course in	62645
which the student enrolls and the effect of the grade attained in	62646
the course being included in the student's grade point average, if	62647
applicable;	62648

(8) The effect of program participation on the student's	62649
ability to complete the district's or school's graduation	62650
requirements;	62651

(9) The academic and social responsibilities of students and	62652
parents under the program;	62653

(10) Information about and encouragement to use the	62654
counseling services of the college in which the student intends to	62655
enroll.	62656

(11) A list of all institutions of higher education that	62657
currently participate in the program or in another dual enrollment	62658
program, as defined in section 3313.6013 of the Revised Code,	62659
compiled and distributed by the department of education pursuant	62660
to division (G) of this section.	62661

(D) A requirement that the student and the student's parent	62662
sign a form, provided by the school district or school, stating	62663
that they have received the counseling required by division (C) of	62664
this section and that they understand the responsibilities they	62665
must assume in the program;	62666

(E) The options required by section 3365.04 of the Revised	62667
Code;	62668

(F) ~~A requirement that a student may not enroll in any~~	62669
~~specific college course through the program if the student has~~	62670
~~taken high school courses in the same subject area as that college~~	62671
~~course and has failed to attain a cumulative grade point average~~	62672
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	62673
~~completed high school courses~~A requirement that student	62674
participation in the program be based solely on a participating	62675
college's established admission standards.	62676

(G) A requirement that the department of education annually	62677
compile a list of all institutions of higher education that	62678
currently participate in the program or in another dual enrollment	62679
program as defined in section 3313.6013 of the Revised Code and,	62680
not later than the thirty-first day of December of each school	62681
year, distribute this list to all school districts, community	62682
schools, STEM schools, and chartered nonpublic schools in the	62683
state.	62684

Sec. 3365.021. The chief administrator of any nonpublic	62685
school notifying the department of education that students of the	62686
school will participate in the post-secondary enrollment options	62687
program shall provide counseling to students in grades eight	62688
through eleven and to their parents before the students	62689
participate in the program to ensure that students and parents are	62690
fully aware of the possible risks and consequences of	62691
participation. Such counseling shall include explaining the fact	62692
that funding may be limited and that not all students who wish to	62693
participate may be able to do so.	62694

The chief administrator also shall provide students and	62695
parents with a list of all institutions of higher education that	62696
currently participate in the program or in another dual enrollment	62697
program as defined in section 3313.6013 of the Revised Code,	62698
compiled and distributed by the department of education pursuant	62699
to division (G) of section 3365.02 of the Revised Code.	62700

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	62701
been excused from the compulsory attendance law for the purpose of	62702
home instruction under section 3321.04 of the Revised Code, and is	62703
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	62704
participate in the post-secondary enrollment options program	62705
established under this chapter.	62706

(B)(1) If a student meets the criteria established in	62707
division (A) of this section and wishes to participate in the	62708
post-secondary enrollment options program, the parent or guardian	62709
of that student shall notify the department of education by the	62710
first day of April prior to the school year in which the student	62711
wishes to participate.	62712

(2) For the 2013-2014 school year, the department may accept	62713
applications at a later date if that student wishes to participate	62714
in the program during the 2013-2014 school year.	62715

(C) Pursuant to rules adopted by the state board of education	62716
under section 3365.02 of the Revised Code, payments to a	62717
participating college, in which home-instructed students enrolled	62718
pursuant to this section, shall be made in the same manner as	62719
payments made for participating students from nonpublic secondary	62720
schools, pursuant to section 3365.07 of the Revised Code.	62721

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	62722
the Revised Code shall specify a method for each of the following:	62723

(1) Determining, with respect to any participant, the	62724
percentage of a full-time educational program constituted by the	62725
participant's total educational program. That percentage shall be	62726
the participant's full-time equivalency percentage for purposes of	62727
the computation required by division (B)(1) of this section.	62728

(2) In the case of a participant who is not enrolled in a	62729
participating nonpublic school, determining the percentage of a	62730
participant's school day during which the participant is	62731
participating in each of the following:	62732

(a) Programs provided by the city, local, or exempted village	62733
school district, a community school, or a STEM school;	62734

(b) Programs provided by a joint vocational school district;

62735

(c) Programs provided by a college under division (B) of	62736
section 3365.04 of the Revised Code.	62737

The sum of divisions (A)(2)(a) to (c) of this section shall equal	62738
one hundred per cent.	62739

(3) In the case of a participant who is not enrolled in a	62740
participating nonpublic school, determining the percentage of a	62741
participant's enrollment that shall be deemed to be enrollment in	62742
a joint vocational school district and the percentage that shall	62743
be deemed to be enrollment in a city, local, or exempted village	62744
school district. The sum of such percentages shall equal one	62745
hundred per cent.	62746

(4) In the case of a participant who is enrolled in a	62747
participating nonpublic school, determining the percentage of a	62748
participant's school day during which the participant is	62749
participating in programs provided by a college under division (B)	62750
of section 3365.04 of the Revised Code.	62751

(B) Each July, unless provided otherwise in an alternative	62752
funding agreement entered into under rules adopted under section	62753
3365.12 of the Revised Code, the department of education shall pay	62754
each college for any participant enrolled in the college in the	62755
prior school year under division (B) of section 3365.04 of the	62756
Revised Code an amount computed as follows:	62757

(1) Multiply the tuition base by the participant's full-time	62758
equivalency percentage and multiply the resulting amount by a	62759
percentage equal to the percentage of the participant's school day	62760
apportioned to the college under division (A)(2)(c) or (4) of this	62761
section, as applicable.	62762

(2) Pay the college the lesser of:

62763

(a) The amount computed under division (B)(1) of this	62764
section;	62765

(b) The actual costs that would have been the responsibility	62766
of the participant had the participant elected to enroll under	62767
division (A) of section 3365.04 of the Revised Code, as verified	62768
by the department, of tuition, textbooks, materials, and fees	62769
directly related to any courses elected by the participant during	62770
the prior school year under division (B) of section 3365.04 of the	62771
Revised Code.	62772

(C) The department shall not reimburse ~~any~~a college for any	62773
of the following:	62774

(1) A college course taken by a participant under division	62775
(A) of section 3365.04 of the Revised Code;	62776

(2) A remedial college course taken by a participant.

62777

(D) If the participant was not enrolled in a participating	62778
nonpublic school, the amount paid under division (B) of this	62779
section for each participant shall be subtracted from the school	62780
foundation payments made to the participant's school district or,	62781
if the participant was enrolled in a community school or a STEM	62782
school, from the payments made to the participant's school under	62783
section 3314.08 or 3326.33 of the Revised Code. If the participant	62784
was enrolled in a joint vocational school district, a portion of	62785
the amount shall be subtracted from the payments to the joint	62786
vocational school district and a portion shall be subtracted from	62787
the payments to the participant's city, local, or exempted village	62788
school district. The amount of the payment subtracted from the	62789
city, local, or exempted village school district shall be computed	62790
as follows:	62791

(1) Add the following:

62792

(a) The percentage of the participant's enrollment in the	62793
school district, determined under division (A)(3) of this section;	62794
and	62795

(b) Twenty-five per cent times the percentage of the	62796
participant's enrollment in the joint vocational school district,	62797
determined under division (A)(3) of this section.	62798

(2) Multiply the sum obtained under division (D)(1) of this	62799
section by the amount computed under division (B)(2) of this	62800
section.	62801

The balance of the payment shall be subtracted from the joint	62802
vocational district's school foundation payments.	62803

(E) If the participant was enrolled in a participating	62804
nonpublic school, the amount paid under division (B) of this	62805
section shall be subtracted from moneys set aside by the general	62806
assembly for such purpose from funds appropriated for the purposes	62807
of section 3317.06 of the Revised Code.	62808

Sec. 3365.12. The superintendent of public instruction and	62809
the chancellor of the Ohio board of regents jointly may adopt	62810
rules in accordance with Chapter 119. of the Revised Code	62811
permitting a board of education of a school district or joint	62812
vocational school district, governing authority of a community	62813
school, governing body of a STEM school, or governing authority of	62814
a participating nonpublic school to enter into an agreement with a	62815
college or university to use an alternate funding formula to	62816
calculate, or an alternate method to transmit, the amount the	62817
college or university would be paid for a student participating in	62818
a program under this chapter, including the program known as	62819
seniors to sophomores.	62820

Rules adopted under this section may include, but need not be	62821
limited to, any of the following alternative funding options:	62822

(A) Direct payment of funds necessary to support students	62823
participating in a program under this chapter, including the	62824
seniors to sophomores program, by the school district, joint	62825
vocational school district, community school, STEM school, or any	62826
combination thereof, to the college or university in which the	62827
student enrolled;	62828

(B) Alternate funding formulas to calculate the amount of	62829
money to be paid to colleges for participants;	62830

(C) A negotiated amount to be paid, as agreed by the school	62831
district, joint vocational school district, community school, or	62832
STEM school and the college or university.	62833

Rules adopted under this section shall prohibit any	62834
alternative funding option to include charging a student	62835
participating in the program under this chapter any tuition or	62836
fees.	62837

Sec. 3501.01. As used in the sections of the Revised Code	62838
relating to elections and political communications:	62839

(A) "General election" means the election held on the first	62840
Tuesday after the first Monday in each November.	62841

(B) "Regular municipal election" means the election held on	62842
the first Tuesday after the first Monday in November in each	62843
odd-numbered year.	62844

(C) "Regular state election" means the election held on the	62845
first Tuesday after the first Monday in November in each	62846
even-numbered year.	62847

(D) "Special election" means any election other than those	62848
elections defined in other divisions of this section. A special	62849
election may be held only on the first Tuesday after the first	62850
Monday in February, May, August, or November, or on the day	62851
authorized by a particular municipal or county charter for the	62852
holding of a primary election, except that in any year in which a	62853
presidential primary election is held, no special election shall	62854
be held in February or May, except as authorized by a municipal or	62855
county charter, but may be held on the first Tuesday after the	62856
first Monday in March.	62857

(E)(1) "Primary" or "primary election" means an election held	62858
for the purpose of nominating persons as candidates of political	62859
parties for election to offices, and for the purpose of electing	62860
persons as members of the controlling committees of political	62861
parties and as delegates and alternates to the conventions of	62862
political parties. Primary elections shall be held on the first	62863
Tuesday after the first Monday in May of each year except in years	62864
in which a presidential primary election is held.	62865

(2) "Presidential primary election" means a primary election	62866
as defined by division (E)(1) of this section at which an election	62867
is held for the purpose of choosing delegates and alternates to	62868
the national conventions of the major political parties pursuant	62869
to section 3513.12 of the Revised Code. Unless otherwise	62870
specified, presidential primary elections are included in	62871
references to primary elections. In years in which a presidential	62872
primary election is held, all primary elections shall be held on	62873
the first Tuesday after the first Monday in March except as	62874
otherwise authorized by a municipal or county charter.	62875

(F) "Political party" means any group of voters meeting the	62876
requirements set forth in section 3517.01 of the Revised Code for	62877
the formation and existence of a political party.	62878

(1) "Major political party" means any political party	62879
organized under the laws of this state whose candidate for	62880
governor or nominees for presidential electors received no less	62881
than twenty per cent of the total vote cast for such office at the	62882
most recent regular state election.	62883

(2) "Intermediate political party" means any political party	62884
organized under the laws of this state whose candidate for	62885
governor or nominees for presidential electors received less than	62886
twenty per cent but not less than ten per cent of the total vote	62887
cast for such office at the most recent regular state election.	62888

(3) "Minor political party" means any political party	62889
organized under the laws of this state whose candidate for	62890
governor or nominees for presidential electors received less than	62891
ten per cent but not less than five per cent of the total vote	62892
cast for such office at the most recent regular state election or	62893
which has filed with the secretary of state, subsequent to any	62894
election in which it received less than five per cent of such	62895
vote, a petition signed by qualified electors equal in number to	62896
at least one per cent of the total vote cast for such office in	62897
the last preceding regular state election, except that a newly	62898
formed political party shall be known as a minor political party	62899
until the time of the first election for governor or president	62900
which occurs not less than twelve months subsequent to the	62901
formation of such party, after which election the status of such	62902
party shall be determined by the vote for the office of governor	62903
or president.	62904

(G) "Dominant party in a precinct" or "dominant political	62905
party in a precinct" means that political party whose candidate	62906
for election to the office of governor at the most recent regular	62907
state election at which a governor was elected received more votes	62908
than any other person received for election to that office in such	62909
precinct at such election.	62910

(H) "Candidate" means any qualified person certified in	62911
accordance with the provisions of the Revised Code for placement	62912
on the official ballot of a primary, general, or special election	62913
to be held in this state, or any qualified person who claims to be	62914
a write-in candidate, or who knowingly assents to being	62915
represented as a write-in candidate by another at either a	62916
primary, general, or special election to be held in this state.	62917

(I) "Independent candidate" means any candidate who claims	62918
not to be affiliated with a political party, and whose name has	62919
been certified on the office-type ballot at a general or special	62920
election through the filing of a statement of candidacy and	62921
nominating petition, as prescribed in section 3513.257 of the	62922
Revised Code.	62923

(J) "Nonpartisan candidate" means any candidate whose name is	62924
required, pursuant to section 3505.04 of the Revised Code, to be	62925
listed on the nonpartisan ballot, including all candidates for	62926
judicial office, for member of any board of education, for	62927
municipal or township offices in which primary elections are not	62928
held for nominating candidates by political parties, and for	62929
offices of municipal corporations having charters that provide for	62930
separate ballots for elections for these offices.	62931

(K) "Party candidate" means any candidate who claims to be a	62932
member of a political party, whose name has been certified on the	62933
office-type ballot at a general or special election through the	62934
filing of a declaration of candidacy and petition of candidate,	62935
and who has won the primary election of the candidate's party for	62936
the public office the candidate seeks or is selected by party	62937
committee in accordance with section 3513.31 of the Revised Code.	62938

(L) "Officer of a political party" includes, but is not	62939
limited to, any member, elected or appointed, of a controlling	62940
committee, whether representing the territory of the state, a	62941
district therein, a county, township, a city, a ward, a precinct,	62942
or other territory, of a major, intermediate, or minor political	62943
party.	62944

(M) "Question or issue" means any question or issue certified	62945
in accordance with the Revised Code for placement on an official	62946
ballot at a general or special election to be held in this state.	62947

(N) "Elector" or "qualified elector" means a person having	62948
the qualifications provided by law to be entitled to vote.	62949

(O) "Voter" means an elector who votes at an election.

62950

(P) "Voting residence" means that place of residence of an	62951
elector which shall determine the precinct in which the elector	62952
may vote.	62953

(Q) "Precinct" means a district within a county established	62954
by the board of elections of such county within which all	62955
qualified electors having a voting residence therein may vote at	62956
the same polling place.	62957

(R) "Polling place" means that place provided for each	62958
precinct at which the electors having a voting residence in such	62959
precinct may vote.	62960

(S) "Board" or "board of elections" means the board of	62961
elections appointed in a county pursuant to section 3501.06 of the	62962
Revised Code.	62963

(T) "Political subdivision" means a county, township, city,	62964
village, or school district.	62965

(U) "Election officer" or "election official" means any of	62966
the following:	62967

(1) Secretary of state;

62968

(2) Employees of the secretary of state serving the division	62969
of elections in the capacity of attorney, administrative officer,	62970
administrative assistant, elections administrator, office manager,	62971
or clerical supervisor;	62972

(3) Director of a board of elections;

62973

(4) Deputy director of a board of elections;

62974

(5) Member of a board of elections;

62975

(6) Employees of a board of elections;

62976

(7) Precinct polling place judges;

62977

(8) Employees appointed by the boards of elections on a	62978
temporary or part-time basis.	62979

(V) "Acknowledgment notice" means a notice sent by a board of	62980
elections, on a form prescribed by the secretary of state,	62981
informing a voter registration applicant or an applicant who	62982
wishes to change the applicant's residence or name of the status	62983
of the application; the information necessary to complete or	62984
update the application, if any; and if the application is	62985
complete, the precinct in which the applicant is to vote.	62986

(W) "Confirmation notice" means a notice sent by a board of	62987
elections, on a form prescribed by the secretary of state, to a	62988
registered elector to confirm the registered elector's current	62989
address.	62990

(X) "Designated agency" means an office or agency in the	62991
state that provides public assistance or that provides	62992
state-funded programs primarily engaged in providing services to	62993
persons with disabilities and that is required by the National	62994
Voter Registration Act of 1993 to implement a program designed and	62995
administered by the secretary of state for registering voters, or	62996
any other public or government office or agency that implements a	62997
program designed and administered by the secretary of state for	62998
registering voters, including the department of job and family	62999
services, the program administered under section 3701.132 of the	63000
Revised Code by the department of health, the department of ~~mental~~	63001
~~health~~mental health and addiction services, the department of	63002
developmental disabilities, the ~~rehabilitation services commission~~	63003
opportunities for Ohioans with disabilities agency, and any other	63004
agency the secretary of state designates. "Designated agency" does	63005
not include public high schools and vocational schools, public	63006
libraries, or the office of a county treasurer.	63007

(Y) "National Voter Registration Act of 1993" means the	63008
"National Voter Registration Act of 1993," 107 Stat. 77, 42	63009
U.S.C.A. 1973gg.	63010

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	63011
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	63012

(AA) "Photo identification" means a document that meets each	63013
of the following requirements:	63014

(1) It shows the name of the individual to whom it was	63015
issued, which shall conform to the name in the poll list or	63016
signature pollbook.	63017

(2) It shows the current address of the individual to whom it	63018
was issued, which shall conform to the address in the poll list or	63019
signature pollbook, except for a driver's license or a state	63020
identification card issued under section 4507.50 of the Revised	63021
Code, which may show either the current or former address of the	63022
individual to whom it was issued, regardless of whether that	63023
address conforms to the address in the poll list or signature	63024
pollbook.	63025

(3) It shows a photograph of the individual to whom it was	63026
issued.	63027

(4) It includes an expiration date that has not passed.

63028

(5) It was issued by the government of the United States or	63029
this state.	63030

Sec. 3501.054. (A) The secretary of state shall adopt rules	63031
under section 111.15 of the Revised Code establishing customer	63032
service standards for the members and employees of the boards of	63033
elections and a method for the secretary of state to evaluate each	63034
board's compliance with those standards.	63035

(B) The secretary of state shall adopt rules under section	63036
111.15 of the Revised Code establishing a method for the secretary	63037
of state to evaluate the efficiency of each board of elections.	63038

Sec. 3517.10. (A) Except as otherwise provided in this	63039
division, every campaign committee, political action committee,	63040
legislative campaign fund, political party, and political	63041
contributing entity that made or received a contribution or made	63042
an expenditure in connection with the nomination or election of	63043
any candidate or in connection with any ballot issue or question	63044
at any election held or to be held in this state shall file, on a	63045
form prescribed under this section or by electronic means of	63046
transmission as provided in this section and section 3517.106 of	63047
the Revised Code, a full, true, and itemized statement, made under	63048
penalty of election falsification, setting forth in detail the	63049
contributions and expenditures, not later than four p.m. of the	63050
following dates:	63051

(1) The twelfth day before the election to reflect	63052
contributions received and expenditures made from the close of	63053
business on the last day reflected in the last previously filed	63054
statement, if any, to the close of business on the twentieth day	63055
before the election;	63056

(2) The thirty-eighth day after the election to reflect the	63057
contributions received and expenditures made from the close of	63058
business on the last day reflected in the last previously filed	63059
statement, if any, to the close of business on the seventh day	63060
before the filing of the statement;	63061

(3) The last business day of January of every year to reflect	63062
the contributions received and expenditures made from the close of	63063
business on the last day reflected in the last previously filed	63064
statement, if any, to the close of business on the last day of	63065
December of the previous year;	63066

(4) The last business day of July of every year to reflect	63067
the contributions received and expenditures made from the close of	63068
business on the last day reflected in the last previously filed	63069
statement, if any, to the close of business on the last day of	63070
June of that year.	63071

A campaign committee shall only be required to file the	63072
statements prescribed under divisions (A)(1) and (2) of this	63073
section in connection with the nomination or election of the	63074
committee's candidate.	63075

The statement required under division (A)(1) of this section	63076
shall not be required of any campaign committee, political action	63077
committee, legislative campaign fund, political party, or	63078
political contributing entity that has received contributions of	63079
less than one thousand dollars and has made expenditures of less	63080
than one thousand dollars at the close of business on the	63081
twentieth day before the election. Those contributions and	63082
expenditures shall be reported in the statement required under	63083
division (A)(2) of this section.	63084

If an election to select candidates to appear on the general	63085
election ballot is held within sixty days before a general	63086
election, the campaign committee of a successful candidate in the	63087
earlier election may file the statement required by division	63088
(A)(1) of this section for the general election instead of the	63089
statement required by division (A)(2) of this section for the	63090
earlier election if the pregeneral election statement reflects the	63091
status of contributions and expenditures for the period twenty	63092
days before the earlier election to twenty days before the general	63093
election.	63094

If a person becomes a candidate less than twenty days before	63095
an election, the candidate's campaign committee is not required to	63096
file the statement required by division (A)(1) of this section.	63097

No statement under division (A)(3) of this section shall be	63098
required for any year in which a campaign committee, political	63099
action committee, legislative campaign fund, political party, or	63100
political contributing entity is required to file a postgeneral	63101
election statement under division (A)(2) of this section. However,	63102
a statement under division (A)(3) of this section may be filed, at	63103
the option of the campaign committee, political action committee,	63104
legislative campaign fund, political party, or political	63105
contributing entity.	63106

No campaign committee of a candidate for the office of chief	63107
justice or justice of the supreme court, and no campaign committee	63108
of a candidate for the office of judge of any court in this state,	63109
shall be required to file a statement under division (A)(4) of	63110
this section.	63111

Except as otherwise provided in this paragraph and in the	63112
next paragraph of this section, the only campaign committees	63113
required to file a statement under division (A)(4) of this section	63114
are the campaign committee of a statewide candidate and the	63115
campaign committee of a candidate for county office. The campaign	63116
committee of a candidate for any other nonjudicial office is	63117
required to file a statement under division (A)(4) of this section	63118
if that campaign committee receives, during that period,	63119
contributions exceeding ten thousand dollars.	63120

No statement under division (A)(4) of this section shall be	63121
required of a campaign committee, a political action committee, a	63122
legislative campaign fund, a political party, or a political	63123
contributing entity for any year in which the campaign committee,	63124
political action committee, legislative campaign fund, political	63125
party, or political contributing entity is required to file a	63126
postprimary election statement under division (A)(2) of this	63127
section. However, a statement under division (A)(4) of this	63128
section may be filed at the option of the campaign committee,	63129
political action committee, legislative campaign fund, political	63130
party, or political contributing entity.	63131

No statement under division (A)(3) or (4) of this section	63132
shall be required if the campaign committee, political action	63133
committee, legislative campaign fund, political party, or	63134
political contributing entity has no contributions that it has	63135
received and no expenditures that it has made since the last date	63136
reflected in its last previously filed statement. However, the	63137
campaign committee, political action committee, legislative	63138
campaign fund, political party, or political contributing entity	63139
shall file a statement to that effect, on a form prescribed under	63140
this section and made under penalty of election falsification, on	63141
the date required in division (A)(3) or (4) of this section, as	63142
applicable.	63143

The campaign committee of a statewide candidate shall file a	63144
monthly statement of contributions received during each of the	63145
months of July, August, and September in the year of the general	63146
election in which the candidate seeks office. The campaign	63147
committee of a statewide candidate shall file the monthly	63148
statement not later than three business days after the last day of	63149
the month covered by the statement. During the period beginning on	63150
the nineteenth day before the general election in which a	63151
statewide candidate seeks election to office and extending through	63152
the day of that general election, each time the campaign committee	63153
of the joint candidates for the offices of governor and lieutenant	63154
governor or of a candidate for the office of secretary of state,	63155
auditor of state, treasurer of state, or attorney general receives	63156
a contribution from a contributor that causes the aggregate amount	63157
of contributions received from that contributor during that period	63158
to equal or exceed ten thousand dollars and each time the campaign	63159
committee of a candidate for the office of chief justice or	63160
justice of the supreme court receives a contribution from a	63161
contributor that causes the aggregate amount of contributions	63162
received from that contributor during that period to exceed ten	63163
thousand dollars, the campaign committee shall file a	63164
two-business-day statement reflecting that contribution. ~~During~~	63165
~~the period beginning on the nineteenth day before a primary~~	63166
~~election in which a candidate for statewide office seeks~~	63167
~~nomination to office and extending through the day of that primary~~	63168
~~election, each time either the campaign committee of a statewide~~	63169
~~candidate in that primary election that files a notice under~~	63170
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	63171
~~campaign committee of a statewide candidate in that primary~~	63172
~~election to which, in accordance with division (D) of section~~	63173
~~3517.103 of the Revised Code, the contribution limitations~~	63174
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	63175
~~receives a contribution from a contributor that causes the~~	63176
~~aggregate amount of contributions received from that contributor~~	63177
~~during that period to exceed ten thousand dollars, the campaign~~	63178
~~committee shall file a two-business-day statement reflecting that~~	63179
~~contribution.~~ Contributions reported on a two-business-day	63180
statement required to be filed by a campaign committee of a	63181
statewide candidate in a primary election shall also be included	63182
in the postprimary election statement required to be filed by that	63183
campaign committee under division (A)(2) of this section. A	63184
two-business-day statement required by this paragraph shall be	63185
filed not later than two business days after receipt of the	63186
contribution. The statements required by this paragraph shall be	63187
filed in addition to any other statements required by this	63188
section.	63189

Subject to the secretary of state having implemented, tested,	63190
and verified the successful operation of any system the secretary	63191
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	63192
this section and division (H)(1) of section 3517.106 of the	63193
Revised Code for the filing of campaign finance statements by	63194
electronic means of transmission, a campaign committee of a	63195
statewide candidate shall file a two-business-day statement under	63196
the preceding paragraph by electronic means of transmission if the	63197
campaign committee is required to file a pre-election,	63198
postelection, or monthly statement of contributions and	63199
expenditures by electronic means of transmission under this	63200
section or section 3517.106 of the Revised Code.	63201

If a campaign committee or political action committee has no	63202
balance on hand and no outstanding obligations and desires to	63203
terminate itself, it shall file a statement to that effect, on a	63204
form prescribed under this section and made under penalty of	63205
election falsification, with the official with whom it files a	63206
statement under division (A) of this section after filing a final	63207
statement of contributions and a final statement of expenditures,	63208
if contributions have been received or expenditures made since the	63209
period reflected in its last previously filed statement.	63210

(B) Except as otherwise provided in division (C)(7) of this	63211
section, each statement required by division (A) of this section	63212
shall contain the following information:	63213

(1) The full name and address of each campaign committee,	63214
political action committee, legislative campaign fund, political	63215
party, or political contributing entity, including any treasurer	63216
of the committee, fund, party, or entity, filing a contribution	63217
and expenditure statement;	63218

(2)(a) In the case of a campaign committee, the candidate's	63219
full name and address;	63220

(b) In the case of a political action committee, the	63221
registration number assigned to the committee under division	63222
(D)(1) of this section.	63223

(3) The date of the election and whether it was or will be a	63224
general, primary, or special election;	63225

(4) A statement of contributions received, which shall	63226
include the following information:	63227

(a) The month, day, and year of the contribution;

63228

(b)(i) The full name and address of each person, political	63229
party, campaign committee, legislative campaign fund, political	63230
action committee, or political contributing entity from whom	63231
contributions are received and the registration number assigned to	63232
the political action committee under division (D)(1) of this	63233
section. The requirement of filing the full address does not apply	63234
to any statement filed by a state or local committee of a	63235
political party, to a finance committee of such committee, or to a	63236
committee recognized by a state or local committee as its	63237
fund-raising auxiliary. Notwithstanding division (F) of this	63238
section, the requirement of filing the full address shall be	63239
considered as being met if the address filed is the same address	63240
the contributor provided under division (E)(1) of this section.	63241

(ii) If a political action committee, political contributing	63242
entity, legislative campaign fund, or political party that is	63243
required to file campaign finance statements by electronic means	63244
of transmission under section 3517.106 of the Revised Code or a	63245
campaign committee of a statewide candidate or candidate for the	63246
office of member of the general assembly receives a contribution	63247
from an individual that exceeds one hundred dollars, the name of	63248
the individual's current employer, if any, or, if the individual	63249
is self-employed, the individual's occupation and the name of the	63250
individual's business, if any;	63251

(iii) If a campaign committee of a statewide candidate or	63252
candidate for the office of member of the general assembly	63253
receives a contribution transmitted pursuant to section 3599.031	63254
of the Revised Code from amounts deducted from the wages and	63255
salaries of two or more employees that exceeds in the aggregate	63256
one hundred dollars during any one filing period under division	63257
(A)(1), (2), (3), or (4) of this section, the full name of the	63258
employees' employer and the full name of the labor organization of	63259
which the employees are members, if any.	63260

(c) A description of the contribution received, if other than	63261
money;	63262

(d) The value in dollars and cents of the contribution;

63263

(e) A separately itemized account of all contributions and	63264
expenditures regardless of the amount, except a receipt of a	63265
contribution from a person in the sum of twenty-five dollars or	63266
less at one social or fund-raising activity and a receipt of a	63267
contribution transmitted pursuant to section 3599.031 of the	63268
Revised Code from amounts deducted from the wages and salaries of	63269
employees if the contribution from the amount deducted from the	63270
wages and salary of any one employee is twenty-five dollars or	63271
less aggregated in a calendar year. An account of the total	63272
contributions from each social or fund-raising activity shall	63273
include a description of and the value of each in-kind	63274
contribution received at that activity from any person who made	63275
one or more such contributions whose aggregate value exceeded two	63276
hundred fifty dollars and shall be listed separately, together	63277
with the expenses incurred and paid in connection with that	63278
activity. A campaign committee, political action committee,	63279
legislative campaign fund, political party, or political	63280
contributing entity shall keep records of contributions from each	63281
person in the amount of twenty-five dollars or less at one social	63282
or fund-raising activity and contributions from amounts deducted	63283
under section 3599.031 of the Revised Code from the wages and	63284
salary of each employee in the amount of twenty-five dollars or	63285
less aggregated in a calendar year. No continuing association that	63286
is recognized by a state or local committee of a political party	63287
as an auxiliary of the party and that makes a contribution from	63288
funds derived solely from regular dues paid by members of the	63289
auxiliary shall be required to list the name or address of any	63290
members who paid those dues.	63291

Contributions that are other income shall be itemized	63292
separately from all other contributions. The information required	63293
under division (B)(4) of this section shall be provided for all	63294
other income itemized. As used in this paragraph, "other income"	63295
means a loan, investment income, or interest income.	63296

(f) In the case of a campaign committee of a state elected	63297
officer, if a person doing business with the state elected officer	63298
in the officer's official capacity makes a contribution to the	63299
campaign committee of that officer, the information required under	63300
division (B)(4) of this section in regard to that contribution,	63301
which shall be filed together with and considered a part of the	63302
committee's statement of contributions as required under division	63303
(A) of this section but shall be filed on a separate form provided	63304
by the secretary of state. As used in this division:	63305

(i) "State elected officer" has the same meaning as in	63306
section 3517.092 of the Revised Code.	63307

(ii) "Person doing business" means a person or an officer of	63308
an entity who enters into one or more contracts with a state	63309
elected officer or anyone authorized to enter into contracts on	63310
behalf of that officer to receive payments for goods or services,	63311
if the payments total, in the aggregate, more than five thousand	63312
dollars during a calendar year.	63313

(5) A statement of expenditures which shall include the	63314
following information:	63315

(a) The month, day, and year of the expenditure;

63316

(b) The full name and address of each person, political	63317
party, campaign committee, legislative campaign fund, political	63318
action committee, or political contributing entity to whom the	63319
expenditure was made and the registration number assigned to the	63320
political action committee under division (D)(1) of this section;	63321

63322

(d) The amount of each expenditure.

63323

(C)(1) The statement of contributions and expenditures shall	63324
be signed by the person completing the form. If a statement of	63325
contributions and expenditures is filed by electronic means of	63326
transmission pursuant to this section or section 3517.106 of the	63327
Revised Code, the electronic signature of the person who executes	63328
the statement and transmits the statement by electronic means of	63329
transmission, as provided in division (H) of section 3517.106 of	63330
the Revised Code, shall be attached to or associated with the	63331
statement and shall be binding on all persons and for all purposes	63332
under the campaign finance reporting law as if the signature had	63333
been handwritten in ink on a printed form.	63334

(2) The person filing the statement, under penalty of	63335
election falsification, shall include with it a list of each	63336
anonymous contribution, the circumstances under which it was	63337
received, and the reason it cannot be attributed to a specific	63338
donor.	63339

(3) Each statement of a campaign committee of a candidate who	63340
holds public office shall contain a designation of each	63341
contributor who is an employee in any unit or department under the	63342
candidate's direct supervision and control. In a space provided in	63343
the statement, the person filing the statement shall affirm that	63344
each such contribution was voluntarily made.	63345

(4) A campaign committee that did not receive contributions	63346
or make expenditures in connection with the nomination or election	63347
of its candidate shall file a statement to that effect, on a form	63348
prescribed under this section and made under penalty of election	63349
falsification, on the date required in division (A)(2) of this	63350
section.	63351

(5) The campaign committee of any person who attempts to	63352
become a candidate and who, for any reason, does not become	63353
certified in accordance with Title XXXV of the Revised Code for	63354
placement on the official ballot of a primary, general, or special	63355
election to be held in this state, and who, at any time prior to	63356
or after an election, receives contributions or makes	63357
expenditures, or has given consent for another to receive	63358
contributions or make expenditures, for the purpose of bringing	63359
about the person's nomination or election to public office, shall	63360
file the statement or statements prescribed by this section and a	63361
termination statement, if applicable. Division (C)(5) of this	63362
section does not apply to any person with respect to an election	63363
to the offices of member of a county or state central committee,	63364
presidential elector, or delegate to a national convention or	63365
conference of a political party.	63366

(6)(a) The statements required to be filed under this section	63367
shall specify the balance in the hands of the campaign committee,	63368
political action committee, legislative campaign fund, political	63369
party, or political contributing entity and the disposition	63370
intended to be made of that balance.	63371

(b) The secretary of state shall prescribe the form for all	63372
statements required to be filed under this section and shall	63373
furnish the forms to the boards of elections in the several	63374
counties. The boards of elections shall supply printed copies of	63375
those forms without charge. The secretary of state shall prescribe	63376
the appropriate methodology, protocol, and data file structure for	63377
statements required or permitted to be filed by electronic means	63378
of transmission under division (A) of this section, divisions (E),	63379
(F), and (G) of section 3517.106, division (D) of section	63380
3517.1011, division (B) of section 3517.1012, division (C) of	63381
section 3517.1013, and divisions (D) and (I) of section 3517.1014	63382
of the Revised Code. Subject to division (A) of this section,	63383
divisions (E), (F), and (G) of section 3517.106, division (D) of	63384
section 3517.1011, division (B) of section 3517.1012, division (C)	63385
of section 3517.1013, and divisions (D) and (I) of section	63386
3517.1014 of the Revised Code, the statements required to be	63387
stored on computer by the secretary of state under division (B) of	63388
section 3517.106 of the Revised Code shall be filed in whatever	63389
format the secretary of state considers necessary to enable the	63390
secretary of state to store the information contained in the	63391
statements on computer. Any such format shall be of a type and	63392
nature that is readily available to whoever is required to file	63393
the statements in that format.	63394

(c) The secretary of state shall assess the need for training	63395
regarding the filing of campaign finance statements by electronic	63396
means of transmission and regarding associated technologies for	63397
candidates, campaign committees, political action committees,	63398
legislative campaign funds, political parties, or political	63399
contributing entities, for individuals, partnerships, or other	63400
entities, for persons making disbursements to pay the direct costs	63401
of producing or airing electioneering communications, or for	63402
treasurers of transition funds, required or permitted to file	63403
statements by electronic means of transmission under this section	63404
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	63405
3517.1014 of the Revised Code. If, in the opinion of the secretary	63406
of state, training in these areas is necessary, the secretary of	63407
state shall arrange for the provision of voluntary training	63408
programs for candidates, campaign committees, political action	63409
committees, legislative campaign funds, political parties, or	63410
political contributing entities, for individuals, partnerships,	63411
and other entities, for persons making disbursements to pay the	63412
direct costs of producing or airing electioneering communications,	63413
or for treasurers of transition funds, as appropriate.	63414

(7) Each monthly statement and each two-business-day	63415
statement required by division (A) of this section shall contain	63416
the information required by divisions (B)(1) to (4), (C)(2), and,	63417
if appropriate, (C)(3) of this section. Each statement shall be	63418
signed as required by division (C)(1) of this section.	63419

(D)(1) Prior to receiving a contribution or making an	63420
expenditure, every campaign committee, political action committee,	63421
legislative campaign fund, political party, or political	63422
contributing entity shall appoint a treasurer and shall file, on a	63423
form prescribed by the secretary of state, a designation of that	63424
appointment, including the full name and address of the treasurer	63425
and of the campaign committee, political action committee,	63426
legislative campaign fund, political party, or political	63427
contributing entity. That designation shall be filed with the	63428
official with whom the campaign committee, political action	63429
committee, legislative campaign fund, political party, or	63430
political contributing entity is required to file statements under	63431
section 3517.11 of the Revised Code. The name of a campaign	63432
committee shall include at least the last name of the campaign	63433
committee's candidate. If two or more candidates are the	63434
beneficiaries of a single campaign committee under division (B) of	63435
section 3517.081 of the Revised Code, the name of the campaign	63436
committee shall include at least the last name of each candidate	63437
who is a beneficiary of that campaign committee. The secretary of	63438
state shall assign a registration number to each political action	63439
committee that files a designation of the appointment of a	63440
treasurer under this division if the political action committee is	63441
required by division (A)(1) of section 3517.11 of the Revised Code	63442
to file the statements prescribed by this section with the	63443
secretary of state.	63444

(2) The treasurer appointed under division (D)(1) of this	63445
section shall keep a strict account of all contributions, from	63446
whom received and the purpose for which they were disbursed.	63447

(3)(a) Except as otherwise provided in section 3517.108 of	63448
the Revised Code, a campaign committee shall deposit all monetary	63449
contributions received by the committee into an account separate	63450
from a personal or business account of the candidate or campaign	63451
committee.	63452

(b) A political action committee shall deposit all monetary	63453
contributions received by the committee into an account separate	63454
from all other funds.	63455

(c) A state or county political party may establish a state	63456
candidate fund that is separate from an account that contains the	63457
public moneys received from the Ohio political party fund under	63458
section 3517.17 of the Revised Code and from all other funds. A	63459
state or county political party may deposit into its state	63460
candidate fund any amounts of monetary contributions that are made	63461
to or accepted by the political party subject to the applicable	63462
limitations, if any, prescribed in section 3517.102 of the Revised	63463
Code. A state or county political party shall deposit all other	63464
monetary contributions received by the party into one or more	63465
accounts that are separate from its state candidate fund and from	63466
its account that contains the public moneys received from the Ohio	63467
political party fund under section 3517.17 of the Revised Code.	63468

(d) Each state political party shall have only one	63469
legislative campaign fund for each house of the general assembly.	63470
Each such fund shall be separate from any other funds or accounts	63471
of that state party. A legislative campaign fund is authorized to	63472
receive contributions and make expenditures for the primary	63473
purpose of furthering the election of candidates who are members	63474
of that political party to the house of the general assembly with	63475
which that legislative campaign fund is associated. Each	63476
legislative campaign fund shall be administered and controlled in	63477
a manner designated by the caucus. As used in this division,	63478
"caucus" has the same meaning as in section 3517.01 of the Revised	63479
Code and includes, as an ex officio member, the chairperson of the	63480
state political party with which the caucus is associated or that	63481
chairperson's designee.	63482

(4) Every expenditure in excess of twenty-five dollars shall	63483
be vouched for by a receipted bill, stating the purpose of the	63484
expenditure, that shall be filed with the statement of	63485
expenditures. A canceled check with a notation of the purpose of	63486
the expenditure is a receipted bill for purposes of division	63487
(D)(4) of this section.	63488

(5) The secretary of state or the board of elections, as the	63489
case may be, shall issue a receipt for each statement filed under	63490
this section and shall preserve a copy of the receipt for a period	63491
of at least six years. All statements filed under this section	63492
shall be open to public inspection in the office where they are	63493
filed and shall be carefully preserved for a period of at least	63494
six years after the year in which they are filed.	63495

(6) The secretary of state, by rule adopted pursuant to	63496
section 3517.23 of the Revised Code, shall prescribe both of the	63497
following:	63498

(a) The manner of immediately acknowledging, with date and	63499
time received, and preserving the receipt of statements that are	63500
transmitted by electronic means of transmission to the secretary	63501
of state pursuant to this section or section 3517.106, 3517.1011,	63502
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	63503

(b) The manner of preserving the contribution and	63504
expenditure, contribution and disbursement, deposit and	63505
disbursement, gift and disbursement, or donation and disbursement	63506
information in the statements described in division (D)(6)(a) of	63507
this section. The secretary of state shall preserve the	63508
contribution and expenditure, contribution and disbursement,	63509
deposit and disbursement, gift and disbursement, or donation and	63510
disbursement information in those statements for at least ten	63511
years after the year in which they are filed by electronic means	63512
of transmission.	63513

(7) The secretary of state, pursuant to division (I) of	63514
section 3517.106 of the Revised Code, shall make available online	63515
to the public through the internet the contribution and	63516
expenditure, contribution and disbursement, deposit and	63517
disbursement, gift and disbursement, or donation and disbursement	63518
information in all statements, all addenda, amendments, or other	63519
corrections to statements, and all amended statements filed with	63520
the secretary of state by electronic or other means of	63521
transmission under this section, division (B)(2)(b) or (C)(2)(b)	63522
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	63523
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	63524
secretary of state may remove the information from the internet	63525
after a reasonable period of time.	63526

(E)(1) Any person, political party, campaign committee,	63527
legislative campaign fund, political action committee, or	63528
political contributing entity that makes a contribution in	63529
connection with the nomination or election of any candidate or in	63530
connection with any ballot issue or question at any election held	63531
or to be held in this state shall provide its full name and	63532
address to the recipient of the contribution at the time the	63533
contribution is made. The political action committee also shall	63534
provide the registration number assigned to the committee under	63535
division (D)(1) of this section to the recipient of the	63536
contribution at the time the contribution is made.	63537

(2) Any individual who makes a contribution that exceeds one	63538
hundred dollars to a political action committee, political	63539
contributing entity, legislative campaign fund, or political party	63540
or to a campaign committee of a statewide candidate or candidate	63541
for the office of member of the general assembly shall provide the	63542
name of the individual's current employer, if any, or, if the	63543
individual is self-employed, the individual's occupation and the	63544
name of the individual's business, if any, to the recipient of the	63545
contribution at the time the contribution is made. Sections	63546
3599.39 and 3599.40 of the Revised Code do not apply to division	63547
(E)(2) of this section.	63548

(3) If a campaign committee shows that it has exercised its	63549
best efforts to obtain, maintain, and submit the information	63550
required under divisions (B)(4)(b)(ii) and (iii) of this section,	63551
that committee is considered to have met the requirements of those	63552
divisions. A campaign committee shall not be considered to have	63553
exercised its best efforts unless, in connection with written	63554
solicitations, it regularly includes a written request for the	63555
information required under division (B)(4)(b)(ii) of this section	63556
from the contributor or the information required under division	63557
(B)(4)(b)(iii) of this section from whoever transmits the	63558
contribution.	63559

(4) Any check that a political action committee uses to make	63560
a contribution or an expenditure shall contain the full name and	63561
address of the committee and the registration number assigned to	63562
the committee under division (D)(1) of this section.	63563

(F) As used in this section:

63564

(1)(a) Except as otherwise provided in division (F)(1) of	63565
this section, "address" means all of the following if they exist:	63566
apartment number, street, road, or highway name and number, rural	63567
delivery route number, city or village, state, and zip code as	63568
used in a person's post-office address, but not post-office box.	63569

(b) Except as otherwise provided in division (F)(1) of this	63570
section, if an address is required in this section, a post-office	63571
box and office, room, or suite number may be included in addition	63572
to, but not in lieu of, an apartment, street, road, or highway	63573
name and number.	63574

(c) If an address is required in this section, a campaign	63575
committee, political action committee, legislative campaign fund,	63576
political party, or political contributing entity may use the	63577
business or residence address of its treasurer or deputy	63578
treasurer. The post-office box number of the campaign committee,	63579
political action committee, legislative campaign fund, political	63580
party, or political contributing entity may be used in addition to	63581
that address.	63582

(d) For the sole purpose of a campaign committee's reporting	63583
of contributions on a statement of contributions received under	63584
division (B)(4) of this section, "address" has one of the	63585
following meanings at the option of the campaign committee:	63586

(i) The same meaning as in division (F)(1)(a) of this	63587
section;	63588

(ii) All of the following, if they exist: the contributor's	63589
post-office box number and city or village, state, and zip code as	63590
used in the contributor's post-office address.	63591

(e) As used with regard to the reporting under this section	63592
of any expenditure, "address" means all of the following if they	63593
exist: apartment number, street, road, or highway name and number,	63594
rural delivery route number, city or village, state, and zip code	63595
as used in a person's post-office address, or post-office box. If	63596
an address concerning any expenditure is required in this section,	63597
a campaign committee, political action committee, legislative	63598
campaign fund, political party, or political contributing entity	63599
may use the business or residence address of its treasurer or	63600
deputy treasurer or its post-office box number.	63601

(2) "Statewide candidate" means the joint candidates for the	63602
offices of governor and lieutenant governor or a candidate for the	63603
office of secretary of state, auditor of state, treasurer of	63604
state, attorney general, member of the state board of education,	63605
chief justice of the supreme court, or justice of the supreme	63606
court.	63607

(3) "Candidate for county office" means a candidate for the	63608
office of county auditor, county treasurer, clerk of the court of	63609
common pleas, judge of the court of common pleas, sheriff, county	63610
recorder, county engineer, county commissioner, prosecuting	63611
attorney, or coroner.	63612

(G) An independent expenditure shall be reported whenever and	63613
in the same manner that an expenditure is required to be reported	63614
under this section and shall be reported pursuant to division	63615
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	63616

(H)(1) Except as otherwise provided in division (H)(2) of	63617
this section, if, during the combined pre-election and	63618
postelection reporting periods for an election, a campaign	63619
committee has received contributions of five hundred dollars or	63620
less and has made expenditures in the total amount of five hundred	63621
dollars or less, it may file a statement to that effect, under	63622
penalty of election falsification, in lieu of the statement	63623
required by division (A)(2) of this section. The statement shall	63624
indicate the total amount of contributions received and the total	63625
amount of expenditures made during those combined reporting	63626
periods.	63627

(2) In the case of a successful candidate at a primary	63628
election, if either the total contributions received by or the	63629
total expenditures made by the candidate's campaign committee	63630
during the preprimary, postprimary, pregeneral, and postgeneral	63631
election periods combined equal more than five hundred dollars,	63632
the campaign committee may file the statement under division	63633
(H)(1) of this section only for the primary election. The first	63634
statement that the campaign committee files in regard to the	63635
general election shall reflect all contributions received and all	63636
expenditures made during the preprimary and postprimary election	63637
periods.	63638

(3) Divisions (H)(1) and (2) of this section do not apply if	63639
a campaign committee receives contributions or makes expenditures	63640
prior to the first day of January of the year of the election at	63641
which the candidate seeks nomination or election to office or if	63642
the campaign committee does not file a termination statement with	63643
its postprimary election statement in the case of an unsuccessful	63644
primary election candidate or with its postgeneral election	63645
statement in the case of other candidates.	63646

(I) In the case of a contribution made by a partner of a	63647
partnership or an owner or a member of another unincorporated	63648
business from any funds of the partnership or other unincorporated	63649
business, all of the following apply:	63650

(1) The recipient of the contribution shall report the	63651
contribution by listing both the partnership or other	63652
unincorporated business and the name of the partner, owner, or	63653
member making the contribution.	63654

(2) In reporting the contribution, the recipient of the	63655
contribution shall be entitled to conclusively rely upon the	63656
information provided by the partnership or other unincorporated	63657
business, provided that the information includes one of the	63658
following:	63659

(a) The name of each partner, owner, or member as of the date	63660
of the contribution or contributions, and a statement that the	63661
total contributions are to be allocated equally among all of the	63662
partners, owners, or members; or	63663

(b) The name of each partner, owner, or member as of the date	63664
of the contribution or contributions who is participating in the	63665
contribution or contributions, and a statement that the	63666
contribution or contributions are to be allocated to those	63667
individuals in accordance with the information provided by the	63668
partnership or other unincorporated business to the recipient of	63669
the contribution.	63670

(3) For purposes of section 3517.102 of the Revised Code, the	63671
contribution shall be considered to have been made by the partner,	63672
owner, or member reported under division (I)(1) of this section.	63673

(4) No contribution from a partner of a partnership or an	63674
owner or a member of another unincorporated business shall be	63675
accepted from any funds of the partnership or other unincorporated	63676
business unless the recipient reports the contribution under	63677
division (I)(1) of this section together with the information	63678
provided under division (I)(2) of this section.	63679

(5) No partnership or other unincorporated business shall	63680
make a contribution or contributions solely in the name of the	63681
partnership or other unincorporated business.	63682

(6) As used in division (I) of this section, "partnership or	63683
other unincorporated business" includes, but is not limited to, a	63684
cooperative, a sole proprietorship, a general partnership, a	63685
limited partnership, a limited partnership association, a limited	63686
liability partnership, and a limited liability company.	63687

(J) A candidate shall have only one campaign committee at any	63688
given time for all of the offices for which the person is a	63689
candidate or holds office.	63690

(K)(1) In addition to filing a designation of appointment of	63691
a treasurer under division (D)(1) of this section, the campaign	63692
committee of any candidate for an elected municipal office that	63693
pays an annual amount of compensation of five thousand dollars or	63694
less, the campaign committee of any candidate for member of a	63695
board of education except member of the state board of education,	63696
or the campaign committee of any candidate for township trustee or	63697
township fiscal officer may sign, under penalty of election	63698
falsification, a certificate attesting that the committee will not	63699
accept contributions during an election period that exceed in the	63700
aggregate two thousand dollars from all contributors and one	63701
hundred dollars from any one individual, and that the campaign	63702
committee will not make expenditures during an election period	63703
that exceed in the aggregate two thousand dollars.	63704

The certificate shall be on a form prescribed by the	63705
secretary of state and shall be filed not later than ten days	63706
after the candidate files a declaration of candidacy and petition,	63707
a nominating petition, or a declaration of intent to be a write-in	63708
candidate.	63709

(2) Except as otherwise provided in division (K)(3) of this	63710
section, a campaign committee that files a certificate under	63711
division (K)(1) of this section is not required to file the	63712
statements required by division (A) of this section.	63713

(3) If, after filing a certificate under division (K)(1) of	63714
this section, a campaign committee exceeds any of the limitations	63715
described in that division during an election period, the	63716
certificate is void and thereafter the campaign committee shall	63717
file the statements required by division (A) of this section. If	63718
the campaign committee has not previously filed a statement, then	63719
on the first statement the campaign committee is required to file	63720
under division (A) of this section after the committee's	63721
certificate is void, the committee shall report all contributions	63722
received and expenditures made from the time the candidate filed	63723
the candidate's declaration of candidacy and petition, nominating	63724
petition, or declaration of intent to be a write-in candidate.	63725

(4) As used in division (K) of this section, "election	63726
period" means the period of time beginning on the day a person	63727
files a declaration of candidacy and petition, nominating	63728
petition, or declaration of intent to be a write-in candidate	63729
through the day of the election at which the person seeks	63730
nomination to office if the person is not elected to office, or,	63731
if the candidate was nominated in a primary election, the day of	63732
the election at which the candidate seeks office.	63733

(L) A political contributing entity that receives	63734
contributions from the dues, membership fees, or other assessments	63735
of its members or from its officers, shareholders, and employees	63736
may report the aggregate amount of contributions received from	63737
those contributors and the number of individuals making those	63738
contributions, for each filing period under divisions (A)(1), (2),	63739
(3), and (4) of this section, rather than reporting information as	63740
required under division (B)(4) of this section, including, when	63741
applicable, the name of the current employer, if any, of a	63742
contributor whose contribution exceeds one hundred dollars or, if	63743
such a contributor is self-employed, the contributor's occupation	63744
and the name of the contributor's business, if any. Division	63745
(B)(4) of this section applies to a political contributing entity	63746
with regard to contributions it receives from all other	63747
contributors.	63748

Sec. 3517.102. (A) Except as otherwise provided in section	63749
3517.103 of the Revised Code, as used in this section and sections	63750
3517.103 and 3517.104 of the Revised Code:	63751

(1) "Candidate" has the same meaning as in section 3517.01 of	63752
the Revised Code but includes only candidates for the offices of	63753
governor, lieutenant governor, secretary of state, auditor of	63754
state, treasurer of state, attorney general, member of the state	63755
board of education, member of the general assembly, chief justice	63756
of the supreme court, and justice of the supreme court.	63757

(2) "Statewide candidate" or "any one statewide candidate"	63758
means the joint candidates for the offices of governor and	63759
lieutenant governor or a candidate for the office of secretary of	63760
state, auditor of state, treasurer of state, attorney general,	63761
member of the state board of education, chief justice of the	63762
supreme court, or justice of the supreme court.	63763

(3) "Senate candidate" means a candidate for the office of	63764
state senator.	63765

(4) "House candidate" means a candidate for the office of	63766
state representative.	63767

(5)(a) "Primary election period" for a candidate begins on	63768
the beginning date of the candidate's pre-filing period specified	63769
in division (A)(9) of section 3517.109 of the Revised Code and	63770
ends on the day of the primary election.	63771

(b) In regard to any candidate, the "general election period"	63772
begins on the day after the primary election immediately preceding	63773
the general election at which the candidate seeks an office	63774
specified in division (A)(1) of this section and ends on the	63775
thirty-first day of December following that general election.	63776

(6) "State candidate fund" means the state candidate fund	63777
established by a state or county political party under division	63778
(D)(3)(c) of section 3517.10 of the Revised Code.	63779

(7) "Postgeneral election statement" means the statement	63780
filed under division (A)(2) of section 3517.10 of the Revised Code	63781
by the campaign committee of a candidate after the general	63782
election in which the candidate ran for office or filed by	63783
legislative campaign fund after the general election in an	63784
even-numbered year.	63785

(8) "Contribution" means any contribution that is required to	63786
be reported in the statement of contributions under section	63787
3517.10 of the Revised Code.	63788

(9)(a) Except as otherwise provided in division (A)(9)(b) of	63789
this section ~~and in division (F) of section 3517.103 and division~~	63790
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	63791
state campaign committee" means:	63792

(i) In the case of contributions to or from a state political	63793
party, a campaign committee of a statewide candidate, statewide	63794
officeholder, senate candidate, house candidate, or member of the	63795
general assembly.	63796

(ii) In the case of contributions to or from a county	63797
political party, a campaign committee of a senate candidate or	63798
house candidate whose candidacy is to be submitted to some or all	63799
of the electors in that county, or member of the general assembly	63800
whose district contains all or part of that county.	63801

(iii) In the case of contributions to or from a legislative	63802
campaign fund, a campaign committee of any of the following:	63803

(I) A senate or house candidate who, if elected, will be a	63804
member of the same party that established the legislative campaign	63805
fund and the same house with which the legislative campaign fund	63806
is associated;	63807

(II) A state senator or state representative who is a member	63808
of the same party that established the legislative campaign fund	63809
and the same house with which the legislative campaign fund is	63810
associated.	63811

(b) A campaign committee is no longer a "designated state	63812
campaign committee" after the campaign committee's candidate	63813
changes the designation of treasurer required to be filed under	63814
division (D)(1) of section 3517.10 of the Revised Code to indicate	63815
that the person intends to be a candidate for, or becomes a	63816
candidate for nomination or election to, any office that, if	63817
elected, would not qualify that candidate's campaign committee as	63818
a "designated state campaign committee" under division (A)(9)(a)	63819
of this section.	63820

(B)(1)(a) No individual who is seven years of age or older	63821
shall make a contribution or contributions aggregating more than:	63822

(i) Ten thousand dollars to the campaign committee of any one	63823
statewide candidate in a primary election period or in a general	63824
election period;	63825

(ii) Ten thousand dollars to the campaign committee of any	63826
one senate candidate in a primary election period or in a general	63827
election period;	63828

(iii) Ten thousand dollars to the campaign committee of any	63829
one house candidate in a primary election period or in a general	63830
election period;	63831

(iv) Ten thousand dollars to a county political party of the	63832
county in which the individual's designated Ohio residence is	63833
located for the party's state candidate fund in a calendar year;	63834

(v) Fifteen thousand dollars to any one legislative campaign	63835
fund in a calendar year;	63836

(vi) Thirty thousand dollars to any one state political party	63837
for the party's state candidate fund in a calendar year;	63838

(vii) Ten thousand dollars to any one political action	63839
committee in a calendar year;	63840

(viii) Ten thousand dollars to any one political contributing	63841
entity in a calendar year.	63842

(b) No individual shall make a contribution or contributions	63843
to the state candidate fund of a county political party of any	63844
county other than the county in which the individual's designated	63845
Ohio residence is located.	63846

(c) No individual who is under seven years of age shall make	63847
any contribution.	63848

(2)(a) Subject to division (D)(1) of this section, no	63849
political action committee shall make a contribution or	63850
contributions aggregating more than:	63851

(i) Ten thousand dollars to the campaign committee of any one	63852
statewide candidate in a primary election period or in a general	63853
election period;	63854

(ii) Ten thousand dollars to the campaign committee of any	63855
one senate candidate in a primary election period or in a general	63856
election period;	63857

(iii) Ten thousand dollars to the campaign committee of any	63858
one house candidate in a primary election period or in a general	63859
election period;	63860

(iv) Fifteen thousand dollars to any one legislative campaign	63861
fund in a calendar year;	63862

(v) Thirty thousand dollars to any one state political party	63863
for the party's state candidate fund in a calendar year;	63864

(vi) Ten thousand dollars to another political action	63865
committee or to a political contributing entity in a calendar	63866
year. This division does not apply to a political action committee	63867
that makes a contribution to a political action committee or a	63868
political contributing entity affiliated with it. For purposes of	63869
this division, a political action committee is affiliated with	63870
another political action committee or with a political	63871
contributing entity if they are both established, financed,	63872
maintained, or controlled by, or if they are, the same	63873
corporation, organization, labor organization, continuing	63874
association, or other person, including any parent, subsidiary,	63875
division, or department of that corporation, organization, labor	63876
organization, continuing association, or other person.	63877

(b) No political action committee shall make a contribution	63878
or contributions to a county political party for the party's state	63879
candidate fund.	63880

(3) No campaign committee shall make a contribution or	63881
contributions aggregating more than:	63882

(a) Ten thousand dollars to the campaign committee of any one	63883
statewide candidate in a primary election period or in a general	63884
election period;	63885

(b) Ten thousand dollars to the campaign committee of any one	63886
senate candidate in a primary election period or in a general	63887
election period;	63888

(c) Ten thousand dollars to the campaign committee of any one	63889
house candidate in a primary election period or in a general	63890
election period;	63891

(d) Ten thousand dollars to any one political action	63892
committee in a calendar year;	63893

(e) Ten thousand dollars to any one political contributing	63894
entity in a calendar year.	63895

(4)(a) Subject to division (D)(3) of this section, no	63896
political party shall make a contribution or contributions	63897
aggregating more than ten thousand dollars to any one political	63898
action committee or to any one political contributing entity in a	63899
calendar year.	63900

(b) No county political party shall make a contribution or	63901
contributions to another county political party.	63902

(5)(a) Subject to division (B)(5)(b) of this section, no	63903
campaign committee, other than a designated state campaign	63904
committee, shall make a contribution or contributions aggregating	63905
in a calendar year more than:	63906

(i) Thirty thousand dollars to any one state political party	63907
for the party's state candidate fund;	63908

(ii) Fifteen thousand dollars to any one legislative campaign	63909
fund;	63910

(iii) Ten thousand dollars to any one county political party	63911
for the party's state candidate fund.	63912

(b) No campaign committee shall make a contribution or	63913
contributions to a county political party for the party's state	63914
candidate fund unless one of the following applies:	63915

(i) The campaign committee's candidate will appear on a	63916
ballot in that county.	63917

(ii) The campaign committee's candidate is the holder of an	63918
elected public office that represents all or part of the	63919
population of that county at the time the contribution is made.	63920

(6)(a) No state candidate fund of a county political party	63921
shall make a contribution or contributions, except a contribution	63922
or contributions to a designated state campaign committee, in a	63923
primary election period or a general election period, aggregating	63924
more than:	63925

(i) Two hundred fifty thousand dollars to the campaign	63926
committee of any one statewide candidate;	63927

(ii) Ten thousand dollars to the campaign committee of any	63928
one senate candidate;	63929

(iii) Ten thousand dollars to the campaign committee of any	63930
one house candidate.	63931

(b)(i) No state candidate fund of a state or county political	63932
party shall make a transfer or a contribution or transfers or	63933
contributions of cash or cash equivalents to a designated state	63934
campaign committee in a primary election period or in a general	63935
election period aggregating more than:	63936

(I) Five hundred thousand dollars to the campaign committee	63937
of any one statewide candidate;	63938

(II) One hundred thousand dollars to the campaign committee	63939
of any one senate candidate;	63940

(III) Fifty thousand dollars to the campaign committee of any	63941
one house candidate.	63942

(ii) No legislative campaign fund shall make a transfer or a	63943
contribution or transfers or contributions of cash or cash	63944
equivalents to a designated state campaign committee aggregating	63945
more than:	63946

(I) Fifty thousand dollars in a primary election period or	63947
one hundred thousand dollars in a general election period to the	63948
campaign committee of any one senate candidate;	63949

(II) Twenty-five thousand dollars in a primary election	63950
period or fifty thousand dollars in a general election period to	63951
the campaign committee of any one house candidate.	63952

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	63953
section, "transfer or contribution of cash or cash equivalents"	63954
does not include any in-kind contributions.	63955

(c) A county political party that has no state candidate fund	63956
and that is located in a county having a population of less than	63957
one hundred fifty thousand may make one or more contributions from	63958
other accounts to any one statewide candidate or to any one	63959
designated state campaign committee that do not exceed, in the	63960
aggregate, two thousand five hundred dollars in any primary	63961
election period or general election period. As used in this	63962
division, "other accounts" does not include an account that	63963
contains the public moneys received from the Ohio political party	63964
fund under section 3517.17 of the Revised Code.	63965

(d) No legislative campaign fund shall make a contribution,	63966
other than to a designated state campaign committee or to the	63967
state candidate fund of a political party.	63968

(7)(a) Subject to division (D)(1) of this section, no	63969
political contributing entity shall make a contribution or	63970
contributions aggregating more than:	63971

(i) Ten thousand dollars to the campaign committee of any one	63972
statewide candidate in a primary election period or in a general	63973
election period;	63974

(ii) Ten thousand dollars to the campaign committee of any	63975
one senate candidate in a primary election period or in a general	63976
election period;	63977

(iii) Ten thousand dollars to the campaign committee of any	63978
one house candidate in a primary election period or in a general	63979
election period;	63980

(iv) Fifteen thousand dollars to any one legislative campaign	63981
fund in a calendar year;	63982

(v) Thirty thousand dollars to any one state political party	63983
for the party's state candidate fund in a calendar year;	63984

(vi) Ten thousand dollars to another political contributing	63985
entity or to a political action committee in a calendar year. This	63986
division does not apply to a political contributing entity that	63987
makes a contribution to a political contributing entity or a	63988
political action committee affiliated with it. For purposes of	63989
this division, a political contributing entity is affiliated with	63990
another political contributing entity or with a political action	63991
committee if they are both established, financed, maintained, or	63992
controlled by, or if they are, the same corporation, organization,	63993
labor organization, continuing association, or other person,	63994
including any parent, subsidiary, division, or department of that	63995
corporation, organization, labor organization, continuing	63996
association, or other person.	63997

(b) No political contributing entity shall make a	63998
contribution or contributions to a county political party for the	63999
party's state candidate fund.	64000

(C)(1)(a) Subject to division (D)(1) of this section, no	64001
campaign committee of a statewide candidate shall do any of the	64002
following:	64003

(i) Knowingly accept a contribution or contributions from any	64004
individual who is under seven years of age;	64005

(ii) Accept a contribution or contributions aggregating more	64006
than ten thousand dollars from any one individual who is seven	64007
years of age or older, from any one political action committee,	64008
from any one political contributing entity, or from any one other	64009
campaign committee in a primary election period or in a general	64010
election period;	64011

(iii) Accept a contribution or contributions aggregating more	64012
than two hundred fifty thousand dollars from any one or	64013
combination of state candidate funds of county political parties	64014
in a primary election period or in a general election period.	64015

(b) No campaign committee of a statewide candidate shall	64016
accept a contribution or contributions aggregating more than two	64017
thousand five hundred dollars in a primary election period or in a	64018
general election period from a county political party that has no	64019
state candidate fund and that is located in a county having a	64020
population of less than one hundred fifty thousand.	64021

(2)(a) Subject to division (D)(1) of this section and except	64022
for a designated state campaign committee, no campaign committee	64023
of a senate candidate shall do either of the following:	64024

(i) Knowingly accept a contribution or contributions from any	64025
individual who is under seven years of age;	64026

(ii) Accept a contribution or contributions aggregating more	64027
than ten thousand dollars from any one individual who is seven	64028
years of age or older, from any one political action committee,	64029
from any one political contributing entity, from any one state	64030
candidate fund of a county political party, or from any one other	64031
campaign committee in a primary election period or in a general	64032
election period.	64033

(b) No campaign committee of a senate candidate shall accept	64034
a contribution or contributions aggregating more than two thousand	64035
five hundred dollars in a primary election period or in a general	64036
election period from a county political party that has no state	64037
candidate fund and that is located in a county having a population	64038
of less than one hundred fifty thousand.	64039

(3)(a) Subject to division (D)(1) of this section and except	64040
for a designated state campaign committee, no campaign committee	64041
of a house candidate shall do either of the following:	64042

(i) Knowingly accept a contribution or contributions from any	64043
individual who is under seven years of age;	64044

(ii) Accept a contribution or contributions aggregating more	64045
than ten thousand dollars from any one individual who is seven	64046
years of age or older, from any one political action committee,	64047
from any one political contributing entity, from any one state	64048
candidate fund of a county political party, or from any one other	64049
campaign committee in a primary election period or in a general	64050
election period.	64051

(b) No campaign committee of a house candidate shall accept a	64052
contribution or contributions aggregating more than two thousand	64053
five hundred dollars in a primary election period or in a general	64054
election period from a county political party that has no state	64055
candidate fund and that is located in a county having a population	64056
of less than one hundred fifty thousand.	64057

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	64058
and except for a designated state campaign committee, no county	64059
political party shall knowingly accept a contribution or	64060
contributions from any individual who is under seven years of age,	64061
or accept a contribution or contributions for the party's state	64062
candidate fund aggregating more than ten thousand dollars from any	64063
one individual whose designated Ohio residence is located within	64064
that county and who is seven years of age or older or from any one	64065
campaign committee in a calendar year.	64066

(ii) Subject to division (D)(1) of this section, no county	64067
political party shall accept a contribution or contributions for	64068
the party's state candidate fund from any individual whose	64069
designated Ohio residence is located outside of that county and	64070
who is seven years of age or older, from any campaign committee	64071
unless the campaign committee's candidate will appear on a ballot	64072
in that county or unless the campaign committee's candidate is the	64073
holder of an elected public office that represents all or part of	64074
the population of that county at the time the contribution is	64075
accepted, or from any political action committee or any political	64076
contributing entity.	64077

(iii) No county political party shall accept a contribution	64078
or contributions from any other county political party.	64079

(b) Subject to division (D)(1) of this section, no state	64080
political party shall do either of the following:	64081

(i) Knowingly accept a contribution or contributions from any	64082
individual who is under seven years of age;	64083

(ii) Accept a contribution or contributions for the party's	64084
state candidate fund aggregating more than thirty thousand dollars	64085
from any one individual who is seven years of age or older, from	64086
any one political action committee, from any one political	64087
contributing entity, or from any one campaign committee, other	64088
than a designated state campaign committee, in a calendar year.	64089

(5) Subject to division (D)(1) of this section, no	64090
legislative campaign fund shall do either of the following:	64091

(a) Knowingly accept a contribution or contributions from any	64092
individual who is under seven years of age;	64093

(b) Accept a contribution or contributions aggregating more	64094
than fifteen thousand dollars from any one individual who is seven	64095
years of age or older, from any one political action committee,	64096
from any one political contributing entity, or from any one	64097
campaign committee, other than a designated state campaign	64098
committee, in a calendar year.	64099

(6)(a) No designated state campaign committee shall accept a	64100
transfer or contribution of cash or cash equivalents from a state	64101
candidate fund of a state political party aggregating in a primary	64102
election period or a general election period more than:	64103

(i) Five hundred thousand dollars, in the case of a campaign	64104
committee of a statewide candidate;	64105

(ii) One hundred thousand dollars, in the case of a campaign	64106
committee of a senate candidate;	64107

(iii) Fifty thousand dollars, in the case of a campaign	64108
committee of a house candidate.	64109

(b) No designated state campaign committee shall accept a	64110
transfer or contribution of cash or cash equivalents from a	64111
legislative campaign fund aggregating more than:	64112

(i) Fifty thousand dollars in a primary election period or	64113
one hundred thousand dollars in a general election period, in the	64114
case of a campaign committee of a senate candidate;	64115

(ii) Twenty-five thousand dollars in a primary election	64116
period or fifty thousand dollars in a general election period, in	64117
the case of a campaign committee of a house candidate.	64118

(c) No campaign committee of a candidate for the office of	64119
member of the general assembly, including a designated state	64120
campaign committee, shall accept a transfer or contribution of	64121
cash or cash equivalents from any one or combination of state	64122
candidate funds of county political parties aggregating in a	64123
primary election period or a general election period more than:	64124

(i) One hundred thousand dollars, in the case of a campaign	64125
committee of a senate candidate;	64126

(ii) Fifty thousand dollars, in the case of a campaign	64127
committee of a house candidate.	64128

(7)(a) Subject to division (D)(3) of this section, no	64129
political action committee and no political contributing entity	64130
shall do either of the following:	64131

(i) Knowingly accept a contribution or contributions from any	64132
individual who is under seven years of age;	64133

(ii) Accept a contribution or contributions aggregating more	64134
than ten thousand dollars from any one individual who is seven	64135
years of age or older, from any one campaign committee, or from	64136
any one political party in a calendar year.	64137

(b) Subject to division (D)(1) of this section, no political	64138
action committee shall accept a contribution or contributions	64139
aggregating more than ten thousand dollars from another political	64140
action committee or from a political contributing entity in a	64141
calendar year. Subject to division (D)(1) of this section, no	64142
political contributing entity shall accept a contribution or	64143
contributions aggregating more than ten thousand dollars from	64144
another political contributing entity or from a political action	64145
committee in a calendar year. This division does not apply to a	64146
political action committee or political contributing entity that	64147
accepts a contribution from a political action committee or	64148
political contributing entity affiliated with it. For purposes of	64149
this division, a political action committee is affiliated with	64150
another political action committee or with a political	64151
contributing entity if they are both established, financed,	64152
maintained, or controlled by the same corporation, organization,	64153
labor organization, continuing association, or other person,	64154
including any parent, subsidiary, division, or department of that	64155
corporation, organization, labor organization, continuing	64156
association, or other person.	64157

(D)(1)(a) For purposes of the limitations prescribed in	64158
division (B)(2) of this section and the limitations prescribed in	64159
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	64160
whichever is applicable, all contributions made by and all	64161
contributions accepted from political action committees that are	64162
established, financed, maintained, or controlled by, or that are,	64163
the same corporation, organization, labor organization, continuing	64164
association, or other person, including any parent, subsidiary,	64165
division, or department of that corporation, organization, labor	64166
organization, continuing association, or other person, are	64167
considered to have been made by or accepted from a single	64168
political action committee.	64169

(b) For purposes of the limitations prescribed in division	64170
(B)(7) of this section and the limitations prescribed in divisions	64171
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	64172
is applicable, all contributions made by and all contributions	64173
accepted from political contributing entities that are	64174
established, financed, maintained, or controlled by, or that are,	64175
the same corporation, organization, labor organization, continuing	64176
association, or other person, including any parent, subsidiary,	64177
division, or department of that corporation, organization, labor	64178
organization, continuing association, or other person, are	64179
considered to have been made by or accepted from a single	64180
political contributing entity.	64181

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	64182
(B)(4)(a), and (C)(7) of this section, "political action	64183
committee" does not include a political action committee that is	64184
organized to support or oppose a ballot issue or question and that	64185
makes no contributions to or expenditures on behalf of a political	64186
party, campaign committee, legislative campaign fund, political	64187
action committee, or political contributing entity. As used in	64188
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	64189
this section, "political contributing entity" does not include a	64190
political contributing entity that is organized to support or	64191
oppose a ballot issue or question and that makes no contributions	64192
to or expenditures on behalf of a political party, campaign	64193
committee, legislative campaign fund, political action committee,	64194
or political contributing entity.	64195

(3) For purposes of the limitations prescribed in divisions	64196
(B)(4) and (C)(7)(a) of this section, all contributions made by	64197
and all contributions accepted from a national political party, a	64198
state political party, and a county political party are considered	64199
to have been made by or accepted from a single political party and	64200
shall be combined with each other to determine whether the	64201
limitations have been exceeded.	64202

(E)(1) If a legislative campaign fund has kept a total amount	64203
of contributions exceeding one hundred fifty thousand dollars at	64204
the close of business on the seventh day before the postgeneral	64205
election statement is required to be filed under section 3517.10	64206
of the Revised Code, the legislative campaign fund shall comply	64207
with division (E)(2) of this section.	64208

(2)(a) Any legislative campaign fund that has kept a total	64209
amount of contributions in excess of the amount specified in	64210
division (E)(1) of this section at the close of business on the	64211
seventh day before the postgeneral election statement is required	64212
to be filed under section 3517.10 of the Revised Code shall	64213
dispose of the excess amount in the manner prescribed in division	64214
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	64215
days after the day the postgeneral election statement is required	64216
to be filed under section 3517.10 of the Revised Code. Any	64217
legislative campaign fund that is required to dispose of an excess	64218
amount of contributions under this division shall file a statement	64219
on the ninetieth day after the postgeneral election statement is	64220
required to be filed under section 3517.10 of the Revised Code	64221
indicating the total amount of contributions the fund has at the	64222
close of business on the seventh day before the postgeneral	64223
election statement is required to be filed under section 3517.10	64224
of the Revised Code and that the excess contributions were	64225
disposed of pursuant to this division and division (E)(2)(b) of	64226
this section. The statement shall be on a form prescribed by the	64227
secretary of state and shall contain any additional information	64228
the secretary of state considers necessary.	64229

(b) Any legislative campaign fund that is required to dispose	64230
of an excess amount of contributions under division (E)(2) of this	64231
section shall dispose of that excess amount by doing any of the	64232
following:	64233

(i) Giving the amount to the treasurer of state for deposit	64234
into the state treasury to the credit of the Ohio elections	64235
commission fund created by division (I) of section 3517.152 of the	64236
Revised Code;	64237

(ii) Giving the amount to individuals who made contributions	64238
to that legislative campaign fund as a refund of all or part of	64239
their contributions;	64240

(iii) Giving the amount to a corporation that is exempt from	64241
federal income taxation under subsection 501(a) and described in	64242
subsection 501(c) of the Internal Revenue Code.	64243

(F)(1) No legislative campaign fund shall fail to file a	64244
statement required by division (E) of this section.	64245

(2) No legislative campaign fund shall fail to dispose of	64246
excess contributions as required by division (E) of this section.	64247

(G) Nothing in this section shall affect, be used in	64248
determining, or supersede a limitation on campaign contributions	64249
as provided for in the Federal Election Campaign Act.	64250

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

64251

~~(a)~~(1) "Statewide candidate" means the joint candidates for	64252
the offices of governor and lieutenant governor or a candidate for	64253
the office of secretary of state, auditor of state, treasurer of	64254
state, attorney general, or member of the state board of	64255
education.	64256

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	64257
campaign committee of a candidate by the candidate ~~or by the~~	64258
~~candidate's spouse, parents, children, sons-in-law,~~	64259
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	64260
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	64261
~~marriage~~.	64262

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	64263
of a statewide candidate, senate candidate, or house candidate	64264
shall be considered "personal funds" subject to the provisions of	64265
this section ~~and section 3517.1010 of the Revised Code~~ to the	64266
extent that the loan is obtained or guaranteed by the candidate or	64267
~~is for the benefit of the candidate and is obtained or guaranteed~~	64268
~~by the candidate's spouse, parents, children, sons-in-law,~~	64269
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	64270
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	64271
~~marriage~~. A loan that is obtained or guaranteed and that is for	64272
the benefit of a statewide candidate, senate candidate, or house	64273
candidate shall not be considered "personal funds" for the	64274
purposes of this section ~~and section 3517.1010 of the Revised Code~~	64275
but shall be considered to be a "contribution" for the purposes of	64276
this chapter if the loan is obtained or guaranteed by anyone other	64277
than the candidate ~~or the candidate's spouse, parents, children,~~	64278
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	64279
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	64280
~~grandparents by marriage~~.	64281

~~(iii)~~(c) When a debt or other obligation incurred by a	64282
committee or by a candidate on behalf of the candidate's committee	64283
~~described in division (C)(1) or (2) of this section~~ is to be paid	64284
from "personal funds," those funds are considered to be expended	64285
when the debt or other obligation is incurred, regardless of when	64286
it is paid.	64287

~~(2) For purposes of this chapter, a candidate is an~~	64288
~~"opponent" when the candidate has indicated on the candidate's~~	64289
~~most recently filed designation of treasurer that the candidate~~	64290
~~seeks the same office at the same primary or general election as~~	64291
~~another candidate whose campaign committee has filed a personal~~	64292
~~funds notice required by division (C)(1) or (2) of this section.~~	64293

(B)(1) Except as otherwise provided in division (B)(2) of	64294
this section, no statewide candidate or candidate for the office	64295
of member of the general assembly shall make an expenditure of	64296
personal funds to influence the results of an election for that	64297
candidate's nomination or election to office unless the personal	64298
funds are first deposited into the campaign fund of that	64299
candidate's campaign committee.	64300

(2) A statewide candidate or candidate for the office of	64301
member of the general assembly may make an expenditure of personal	64302
funds without first depositing those funds into the campaign	64303
committee's funds as long as the aggregate total of those	64304
expenditures does not exceed five hundred dollars at any time	64305
during an election period. After the candidate's campaign	64306
committee reimburses the candidate for any direct expenditure of	64307
personal funds, the amount that was reimbursed is no longer	64308
included in the aggregate total of expenditures of personal funds	64309
subject to the five-hundred-dollar limit.	64310

~~(C)(1) If the campaign committee of any statewide candidate~~	64311
~~has received or expended or expects to expend more than one~~	64312
~~hundred thousand dollars of personal funds during a primary~~	64313
~~election period or one hundred fifty thousand dollars of personal~~	64314
~~funds during a general election period, the campaign committee~~	64315
~~shall file a personal funds notice in the manner provided in~~	64316
~~division (C)(3) of this section indicating that the committee has~~	64317
~~received or expended or expects to expend more than that amount.~~	64318
~~For the purpose of this division, a joint team of candidates for~~	64319
~~governor and lieutenant governor shall be considered a single~~	64320
~~candidate and their personal funds shall be combined.~~	64321

~~(2) If the campaign committee of any senate candidate or~~	64322
~~house candidate has received or expended or expects to expend more~~	64323
~~than twenty-five thousand dollars of personal funds during a~~	64324
~~primary election period or twenty-five thousand dollars of~~	64325
~~personal funds during a general election period, the campaign~~	64326
~~committee shall file a personal funds notice in the manner~~	64327
~~provided in division (C)(3) of this section indicating that the~~	64328
~~committee has received or expended or expects to expend more than~~	64329
~~that amount.~~	64330

~~(3) The personal funds notice required in divisions (C)(1)~~	64331
~~and (2) of this section and the declaration of no limits required~~	64332
~~under division (D)(2) of this section shall be on a form~~	64333
~~prescribed by the secretary of state. The personal funds notice~~	64334
~~required in divisions (C)(1) and (2) of this section shall be~~	64335
~~filed not later than the earlier of the following times:~~	64336

~~(a) One hundred twenty days before a primary election, in the~~	64337
~~case of personal funds received, expended, or expected to be~~	64338
~~expended during a primary election period, or not later than one~~	64339
~~hundred twenty days before a general election, in the case of~~	64340
~~personal funds received, expended, or expected to be expended~~	64341
~~during a general election period;~~	64342

~~(b) Two business days after the candidate's campaign~~	64343
~~committee receives or makes an expenditure of personal funds or~~	64344
~~the candidate makes an expenditure of personal funds on behalf of~~	64345
~~the candidate's campaign committee during that election period~~	64346
~~that exceed, in the aggregate, the amount specified in division~~	64347
~~(C)(1) or (2) of this section.~~	64348

~~The personal funds notice required under divisions (C)(1) and~~	64349
~~(2) of this section and the declaration of no limits required~~	64350
~~under division (D)(2) of this section shall be filed wherever the~~	64351
~~campaign committee files statements of contributions and~~	64352
~~expenditures under section 3517.11 of the Revised Code. The board~~	64353
~~of elections shall send to the secretary of state a copy of any~~	64354
~~personal funds notice or declaration of no limits filed by the~~	64355
~~campaign committee of a senate candidate or house candidate under~~	64356
~~division (C)(3) or (D)(2) of this section.~~	64357

~~(D)(1) Whenever a campaign committee files a notice under~~	64358
~~division (C)(1) or (2) of this section, and the campaign committee~~	64359
~~of an opponent files a declaration of no limits pursuant to~~	64360
~~division (D)(2) of this section within thirty days of the filing~~	64361
~~of the personal funds notice under division (C)(1) or (2) of this~~	64362
~~section, the contribution limitations prescribed in section~~	64363
~~3517.102 of the Revised Code no longer apply to the campaign~~	64364
~~committee of the candidate's opponent.~~	64365

~~(2) No campaign committee of a candidate described in~~	64366
~~division (D)(1) of this section shall accept any contribution or~~	64367
~~contributions from a contributor that exceed the limitations~~	64368
~~prescribed in section 3517.102 of the Revised Code until the~~	64369
~~committee files a declaration that the committee will accept~~	64370
~~contributions that exceed those limitations. This declaration~~	64371
~~shall be filed not later than thirty days after a candidate's~~	64372
~~opponent has filed a personal funds notice pursuant to division~~	64373
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	64374
~~referred to as the "declaration of no limits," and shall list all~~	64375
~~of the following:~~	64376

~~(a) The amount of cash on hand in the candidate's campaign~~	64377
~~fund at the end of the day immediately preceding the day on which~~	64378
~~the candidate's campaign committee files the declaration of no~~	64379
~~limits;~~	64380

~~(b) The value and description of all campaign assets worth~~	64381
~~five hundred dollars or more available to the candidate at the end~~	64382
~~of the day immediately preceding the day on which the candidate's~~	64383
~~campaign committee files the declaration of no limits.~~	64384

~~(3) A candidate who was not an opponent of a candidate who~~	64385
~~filed the personal funds notice required under division (C)(3) of~~	64386
~~this section on the date the personal funds notice was filed may~~	64387
~~file the declaration of no limits pursuant to division (D)(2) of~~	64388
~~this section within thirty days after becoming an opponent of the~~	64389
~~candidate who filed the personal funds notice.~~	64390

~~(4) If the candidate whose campaign committee filed a~~	64391
~~personal funds notice under division (C)(1) or (2) of this section~~	64392
~~fails to file a declaration of candidacy for the office listed on~~	64393
~~the designation of treasurer filed under division (D) of section~~	64394
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	64395
~~nominating petition for that office and dies or withdraws, both of~~	64396
~~the following apply to the campaign committee of that candidate's~~	64397
~~opponent if the opponent has filed a declaration of no limits~~	64398
~~pursuant to division (D) of this section:~~	64399

~~(a) No contribution from a contributor may thereafter be~~	64400
~~accepted that, when added to the aggregate total of all~~	64401
~~contributions received by that committee from that contributor~~	64402
~~during the primary election period or general election period,~~	64403
~~whichever is applicable, would cause that committee to exceed the~~	64404
~~contribution limitations prescribed in section 3517.102 of the~~	64405
~~Revised Code for the applicable election period.~~	64406

~~(b) The statement of primary-day finances or the year-end~~	64407
~~statement required to be filed under division (E) of section~~	64408
~~3517.1010 of the Revised Code shall be filed not later than~~	64409
~~fourteen days after the date the candidate's opponent fails to~~	64410
~~file a declaration of candidacy or nominating petition by the~~	64411
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	64412
~~calculating permitted funds under division (A)(4) of section~~	64413
~~3517.1010 of the Revised Code, the primary or general election~~	64414
~~period, whichever is applicable, shall be considered to have ended~~	64415
~~on the filing deadline, in the case of an opponent who fails to~~	64416
~~file a declaration of candidacy or nominating petition, or on the~~	64417
~~date of the opponent's death or withdrawal. In such an event, the~~	64418
~~filing of a statement of primary-day finances or year-end finances~~	64419
~~and the disposing of any excess funds as required under division~~	64420
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	64421
~~candidate's obligation to file such a statement for that election~~	64422
~~period.~~	64423

~~(E)(1) No campaign committee shall fail to file a personal~~	64424
~~funds notice as required under division (C)(1) or (2) of this~~	64425
~~section.~~	64426

~~(2) No campaign committee shall accept any contribution in~~	64427
~~excess of the contribution limitations prescribed in section~~	64428
~~3517.102 of the Revised Code:~~	64429

~~(a) Unless a declaration of no limits has been filed under~~	64430
~~division (D)(2) of this section;~~	64431

~~(b) In violation of division (D)(4) of this section once the~~	64432
~~candidate who filed a personal funds notice under division (C)(3)~~	64433
~~of this section fails to file a declaration of candidacy or~~	64434
~~nominating petition or that candidate dies or withdraws.~~	64435

~~(3) No campaign committee that violates division (E)(1) of~~	64436
~~this section shall expend any personal funds in excess of the~~	64437
~~amount specified in division (C)(1) or (2) of this section,~~	64438
~~whichever is appropriate to the committee.~~	64439

~~(4) The candidate of any campaign committee that violates~~	64440
~~division (E) of this section shall forfeit the candidate's~~	64441
~~nomination, if the candidate was nominated, or the office to which~~	64442
~~the candidate was elected, if the candidate was elected to office.~~	64443

~~(F)(1) Whenever a campaign committee files a notice under~~	64444
~~division (C)(1) or (2) of this section or whenever the~~	64445
~~contribution limitations prescribed in section 3517.102 of the~~	64446
~~Revised Code do not apply to a campaign committee under division~~	64447
~~(D)(1) of this section, that committee is not a designated state~~	64448
~~campaign committee for the purpose of the limitations prescribed~~	64449
~~in section 3517.102 of the Revised Code with regard to~~	64450
~~contributions made by that campaign committee to a legislative~~	64451
~~campaign fund or to a state candidate fund of a state or county~~	64452
~~political party.~~	64453

~~(2) Division (F)(1) of this section no longer applies to a~~	64454
~~campaign committee after both of the following occur:~~	64455

~~(a) The primary or general election period during which the~~	64456
~~contribution limitations prescribed in section 3517.102 of the~~	64457
~~Revised Code did not apply after being removed pursuant to~~	64458
~~division (D) of this section has expired;~~	64459

~~(b) When the campaign committee has disposed of all excess~~	64460
~~funds and excess aggregate contributions as required under section~~	64461
~~3517.1010 of the Revised Code.~~	64462

Sec. 3517.153. (A) Upon the filing of a complaint with the	64463
Ohio elections commission, which shall be made by affidavit of any	64464
person, on personal knowledge, and subject to the penalties for	64465
perjury, or upon the filing of a complaint made by the secretary	64466
of state or an official at the board of elections, setting forth a	64467
failure to comply with or a violation of any provision in sections	64468
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	64469
or 3599.031 of the Revised Code, the commission shall proceed in	64470
accordance with sections 3517.154 to 3517.157 of the Revised Code.	64471

(B) The commission shall prescribe the form for complaints	64472
made under division (A) of this section. The secretary of state	64473
and boards of elections shall furnish the information that the	64474
commission requests. The commission or a member of the commission	64475
may administer oaths, and the commission may issue subpoenas to	64476
any person in the state compelling the attendance of witnesses and	64477
the production of relevant papers, books, accounts, and reports.	64478
Section 101.42 of the Revised Code governs the issuance of	64479
subpoenas insofar as applicable. Upon the refusal of any person to	64480
obey a subpoena or to be sworn or to answer as a witness, the	64481
commission may apply to the court of common pleas of Franklin	64482
county under section 2705.03 of the Revised Code. The court shall	64483
hold proceedings in accordance with Chapter 2705. of the Revised	64484
Code.	64485

(C) No prosecution shall commence for a violation of a	64486
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	64487
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	64488
unless a complaint has been filed with the commission under this	64489
section and all proceedings of the commission or a panel of the	64490
commission, as appropriate, under sections 3517.154 to 3517.157 of	64491
the Revised Code are completed.	64492

(D) The commission may recommend legislation and render	64493
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	64494
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	64495
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	64496
over whose acts it has or may have jurisdiction. When the	64497
commission renders an advisory opinion relating to a specific set	64498
of circumstances involving any of those sections stating that	64499
there is no violation of a provision in those sections, the person	64500
to whom the opinion is directed or a person who is similarly	64501
situated may reasonably rely on the opinion and is immune from	64502
criminal prosecution and a civil action, including, without	64503
limitation, a civil action for removal from public office or	64504
employment, based on facts and circumstances covered by the	64505
opinion.	64506

(E) The commission shall establish a web site on which it	64507
shall post, at a minimum, all decisions and advisory opinions	64508
issued by the commission and copies of each election law as it is	64509
amended by the general assembly. The commission shall update the	64510
web site regularly to reflect any changes to those decisions and	64511
advisory opinions and any new decisions and advisory opinions.	64512

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	64513
elections commission shall review each complaint filed with the	64514
commission under section 3517.153 of the Revised Code, shall	64515
determine the nature of the complaint, and, unless division	64516
(A)(2)(a) of this section requires that the complaint receive an	64517
automatic expedited hearing, shall make a recommendation to the	64518
commission for its disposition, in accordance with this section.	64519
The attorney shall make the determination and the recommendation,	64520
if required, not later than one business day after the complaint	64521
is filed.	64522

(2)(a) If the attorney determines that the complaint sets	64523
forth a violation of division (B) of section 3517.21 or division	64524
(B) of section 3517.22 of the Revised Code and that the complaint	64525
is filed during one of the periods of time specified in division	64526
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	64527
~~complaint sets forth a violation of section 3517.103 of the~~	64528
~~Revised Code or a violation described in division (D) of section~~	64529
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	64530
automatic expedited hearing under section 3517.156 of the Revised	64531
Code.	64532

(b) If the attorney determines that the complaint sets forth	64533
a failure to comply with or a violation of division (G), (I), (J),	64534
(O), (P), or (Q) of section 3517.13, division (A) of section	64535
3517.21, or division (A) of section 3517.22 of the Revised Code	64536
and that the complaint is filed during one of the periods of time	64537
specified in division (B)(1) of section 3517.156 of the Revised	64538
Code, the attorney shall recommend to the commission that the	64539
complaint receive an expedited hearing under section 3517.156 of	64540
the Revised Code, and the complaint shall receive such a hearing.	64541

(c) If the attorney determines that the complaint sets forth	64542
a failure to comply with or a violation of a section of the	64543
Revised Code over which the commission has jurisdiction to hear	64544
complaints other than the sections described in divisions	64545
(A)(2)(a) and (b) of this section, and unless the attorney makes a	64546
determination as provided for in division (A)(3) of this section,	64547
the attorney shall recommend to the commission that the complaint	64548
be submitted to the commission under section 3517.155 of the	64549
Revised Code. After the attorney makes that recommendation, the	64550
attorney shall notify all parties to the complaint of the	64551
attorney's recommendation.	64552

(3)(a) If a complaint sets forth a failure to comply with or	64553
a violation of a section of the Revised Code over which the	64554
commission has jurisdiction to hear complaints other than the	64555
sections described in divisions (A)(2)(a) and (b) of this section	64556
and if the complaint is filed during one of the periods of time	64557
specified in division (B)(1) of section 3517.156 of the Revised	64558
Code, the attorney may determine that the complaint should receive	64559
an expedited hearing under that section. The attorney shall make	64560
that determination by considering one or more of the following:	64561

(i) The number of prior failures to comply with or violations	64562
of Title XXXV of the Revised Code that the person or entity	64563
against whom the complaint has been brought has committed and any	64564
prior penalties the commission has imposed on the person or	64565
entity;	64566

(ii) If the complaint involves a statement required to be	64567
filed under section 3517.10, division (E) of section 3517.102, or	64568
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	64569
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	64570
addendum required to be filed under section 3517.11 of the Revised	64571
Code that is filed late, how late the filing is and how much time	64572
has elapsed between the deadline for filing the statement or	64573
addendum and the filing of the complaint;	64574

(iii) If the complaint involves contributions and	64575
expenditures, contributions and disbursements, deposits and	64576
disbursements, gifts and disbursements, or donations and	64577
disbursements required to be reported under section 3517.10,	64578
division (E) of section 3517.102, or section 3517.105, 3517.107,	64579
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	64580
of the Revised Code that are either not reported or reported late,	64581
the number of contributions and expenditures, contributions and	64582
disbursements, deposits and disbursements, gifts and	64583
disbursements, or donations and disbursements not reported or how	64584
late they were reported;	64585

(iv) If the complaint involves contributions required to be	64586
reported by a campaign committee under section 3517.10, division	64587
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	64588
or 3517.109 of the Revised Code that are not reported, whether any	64589
of the contributors of the contributions not reported have a	64590
personal or professional relationship with the campaign	64591
committee's candidate;	64592

(v) If the complaint involves a statement required to be	64593
filed under section 3517.10, division (E) of section 3517.102, or	64594
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	64595
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	64596
that is incomplete, the degree to which it is incomplete;	64597

(vi) If the complaint involves the receipt of contributions	64598
in violation of section 3599.03 of the Revised Code, the dollar	64599
amount and number of contributions received in violation of that	64600
section;	64601

(vii) If the complaint involves a failure to make the	64602
identification or a misstatement of the identification required	64603
under section 3517.105 or 3517.20 of the Revised Code, whether the	64604
failure or misstatement was purposely made;	64605

(viii) If the complaint sets forth a failure to comply with	64606
or a violation of a section of the Revised Code described in	64607
division (A)(2)(c) of this section, whether the person or entity	64608
against whom the complaint has been made has committed more than	64609
one such failure or violation within a reasonable amount of time,	64610
or whether the cumulative nature of the failures or violations	64611
indicates a systematic disregard for the law.	64612

(b) Prior to making a determination under division (A)(3)(a)	64613
of this section that the complaint should receive an expedited	64614
hearing under section 3517.156 of the Revised Code, the attorney	64615
shall take into consideration the number of panels of the	64616
commission that have cases pending before them and the number of	64617
cases pending before the panels and shall not make a determination	64618
that will place an undue burden on a panel of the commission.	64619

(c) If the attorney determines that the complaint should	64620
receive an expedited hearing under section 3517.156 of the Revised	64621
Code, the attorney shall recommend to the commission that the	64622
complaint receive an expedited hearing, and, if a majority of the	64623
members of the commission agrees with the recommendation, the	64624
complaint shall receive an expedited hearing under that section.	64625

(4) The attorney may join two or more complaints if the	64626
attorney determines that the allegations in each complaint are of	64627
the same or similar character, are based on the same act or	64628
failure to act, or are based on two or more acts or failures to	64629
act constituting parts of a common scheme or plan. If one	64630
complaint contains two or more allegations, the attorney may	64631
separate the allegations if they are not of the same or similar	64632
character, if they are not based on the same act or failure to	64633
act, or if they are not based on two or more acts or failures to	64634
act constituting parts of a common scheme or plan. If the attorney	64635
separates the allegations in a complaint, the attorney may make	64636
separate recommendations under division (A)(2) or (3) of this	64637
section for each allegation.	64638

(B) Whenever a person or other entity files a complaint with	64639
the commission setting forth a failure to comply with or a	64640
violation of a section of the Revised Code as described in	64641
division (A)(2)(c) of this section and the complaint is filed	64642
during one of the periods of time specified in division (B)(1) of	64643
section 3517.156 of the Revised Code, the person or entity may	64644
request an expedited hearing under that section at the time the	64645
complaint is filed. The attorney for the commission shall inform	64646
the members of the commission of that request at the time the	64647
attorney makes a recommendation under division (A) of this	64648
section. The commission may grant the request for an expedited	64649
hearing under this division if it determines that an expedited	64650
hearing is practicable.	64651

Sec. 3517.155. (A)(1) Except as otherwise provided in	64652
division (B) of this section, the Ohio elections commission shall	64653
hold its first hearing on a complaint filed with it, other than a	64654
complaint that receives an expedited hearing under section	64655
3517.156 of the Revised Code, not later than ninety business days	64656
after the complaint is filed unless the commission has good cause	64657
to hold the hearing after that time, in which case it shall hold	64658
the hearing not later than one hundred eighty business days after	64659
the complaint is filed. At the hearing, the commission shall	64660
determine whether or not the failure to act or the violation	64661
alleged in the complaint has occurred and shall do only one of the	64662
following, except as otherwise provided in division (B) of this	64663
section or in division (B) of section 3517.151 of the Revised	64664
Code:	64665

(a) Enter a finding that good cause has been shown not to	64666
impose a fine or not to refer the matter to the appropriate	64667
prosecutor;	64668

(b) Impose a fine under section 3517.993 of the Revised Code;

64669

64670

~~(d) Direct the secretary of state or appropriate board of~~	64671
~~elections with the authority to certify a candidate to the ballot~~	64672
~~to remove a candidate's name from the ballot if the candidate is~~	64673
~~barred from the ballot under division (D) of section 3517.1010 of~~	64674
~~the Revised Code.~~	64675

(2) As used in division (A) of this section, "appropriate	64676
prosecutor" means a prosecutor as defined in section 2935.01 of	64677
the Revised Code and either of the following:	64678

(a) In the case of a failure to comply with or a violation of	64679
law involving a campaign committee or the committee's candidate, a	64680
political party, a legislative campaign fund, a political action	64681
committee, or a political contributing entity, that is required to	64682
file a statement of contributions and expenditures with the	64683
secretary of state under division (A) of section 3517.11 of the	64684
Revised Code, the prosecutor of Franklin county;	64685

(b) In the case of a failure to comply with or a violation of	64686
law involving any other campaign committee or committee's	64687
candidate, or any other political party, political action	64688
committee, or political contributing entity either of the	64689
following as determined by the commission:	64690

(i) The prosecutor of Franklin county;

64691

(ii) The prosecutor of the county in which the candidacy or	64692
ballot question or issue is submitted to the electors or, if it is	64693
submitted in more than one county, the most populous of those	64694
counties.	64695

(B) If the commission decides that the evidence is	64696
insufficient for it to determine whether or not the failure to act	64697
or the violation alleged in the complaint has occurred, the	64698
commission, by the affirmative vote of five members, may request	64699
that an investigatory attorney investigate the complaint. Upon	64700
that request, an investigatory attorney shall make an	64701
investigation in order to produce sufficient evidence for the	64702
commission to decide the matter. If the commission requests an	64703
investigation under this division, for good cause shown by the	64704
investigatory attorney, the commission may extend by sixty days	64705
the deadline for holding its first hearing on the complaint as	64706
required in division (A) of this section.	64707

(C) The commission shall take one of the actions required	64708
under division (A) of this section not later than thirty days	64709
after the close of all the evidence presented.	64710

(D)(1) The commission shall make any finding of a failure to	64711
comply with or a violation of law in regard to a complaint that	64712
alleges a violation of ~~division (D) of section 3517.1010,~~ division	64713
(A) or (B) of section 3517.21, or division (A) or (B) of section	64714
3517.22 of the Revised Code by clear and convincing evidence. The	64715
commission shall make any finding of a failure to comply with or a	64716
violation of law in regard to any other complaint by a	64717
preponderance of the evidence.	64718

(2) If the commission finds a violation of division (B) of	64719
section 3517.21 or division (B) of section 3517.22 of the Revised	64720
Code, it shall refer the matter to the appropriate prosecutor	64721
under division (A)(1)(c) of this section and shall not impose a	64722
fine under division (A)(1)(b) of this section or section 3517.993	64723
of the Revised Code.	64724

(E) In an action before the commission or a panel of the	64725
commission, if the allegations of the complainant are not proved,	64726
and the commission takes the action described in division	64727
(A)(1)(a) of this section or a panel of the commission takes the	64728
action described in division (C)(1) of section 3517.156 of the	64729
Revised Code, the commission or a panel of the commission may find	64730
that the complaint is frivolous, and, if the commission or panel	64731
so finds, the commission shall order the complainant to pay	64732
reasonable attorney's fees and to pay the costs of the commission	64733
or panel as determined by a majority of the members of the	64734
commission. The costs paid to the commission or panel under this	64735
division shall be deposited into the Ohio elections commission	64736
fund.	64737

Sec. 3517.20. (A)(1) As used in this section:

64738

(a) "Political publication for or against a candidate" means	64739
a notice, placard, advertisement, sample ballot, brochure, flyer,	64740
direct mailer, or other form of general publication that is	64741
designed to promote the nomination, election, or defeat of a	64742
candidate.	64743

(b) "Political publication for or against an issue" means a	64744
notice, placard, advertisement, sample ballot, brochure, flyer,	64745
direct mailer, or other form of general publication that is	64746
designed to promote the adoption or defeat of a ballot issue or	64747
question or to influence the voters in an election.	64748

(c) "Public political advertising" means newspapers,	64749
magazines, outdoor advertising facilities, direct mailings, or	64750
other similar types of general public political advertising, or	64751
flyers, handbills, or other nonperiodical printed matter.	64752

(d) "Statewide candidate" has the same meaning as in section	64753
3517.102 of the Revised Code.	64754

(e) "Legislative candidate" means a candidate for the office	64755
of member of the general assembly.	64756

(f) "Local candidate" means a candidate for an elective	64757
office of a political subdivision of this state.	64758

(g) "Legislative campaign fund" has the same meaning as in	64759
section 3517.01 of the Revised Code.	64760

(h) "Limited political action committee" means a political	64761
action committee of fewer than ten members.	64762

(i) "Limited political contributing entity" means a political	64763
contributing entity of fewer than ten members.	64764

(j) "Designated amount" means one hundred dollars in the case	64765
of a local candidate or a local ballot issue, two hundred fifty	64766
dollars in the case of a legislative candidate, or five hundred	64767
dollars in the case of a statewide candidate or a statewide ballot	64768
issue.	64769

(k) "To issue" includes to print, post, distribute, reproduce	64770
for distribution, or cause to be issued, printed, posted,	64771
distributed, or reproduced for distribution.	64772

(l) "Telephone bank" means more than five hundred telephone	64773
calls of an identical or substantially similar nature within any	64774
thirty-day period, whether those telephone calls are made by	64775
individual callers or by recording.	64776

(2)(a) No ~~candidate, legislative campaign fund,~~ political	64777
party, or other entity, except a political action committee, a	64778
political contributing entity, a candidate, a legislative campaign	64779
fund, or a campaign committee, shall issue a form of political	64780
publication for or against a candidate, or shall make an	64781
expenditure for the purpose of financing political communications	64782
in support of or opposition to a candidate through public	64783
political advertising, unless the name and residence or business	64784
address of the candidate or the chairperson, treasurer, or	64785
secretary of the legislative campaign fund, political party, or	64786
other entity that issues or otherwise is responsible for that	64787
political publication or that makes an expenditure for that	64788
political communication appears in a conspicuous place on that	64789
political publication or is contained within that political	64790
communication.	64791

(b) No candidate, legislative campaign fund, or campaign	64792
committee shall issue a form of political publication for or	64793
against a candidate, or shall make an expenditure for the purpose	64794
of financing political communications in support of or opposition	64795
to a candidate through public political advertising, unless the	64796
name of the ~~campaign committee~~entity appears in a conspicuous	64797
place on that political publication or is contained within that	64798
political communication.	64799

(3) No limited political action committee or limited	64800
political contributing entity shall do either of the following	64801
unless the name and residence or business address of the	64802
chairperson, treasurer, or secretary of the limited political	64803
action committee or limited political contributing entity involved	64804
appears in a conspicuous place in the political publication for or	64805
against a candidate described in division (A)(3)(a) of this	64806
section or is contained within the political communication	64807
described in division (A)(3)(b) of this section:	64808

(a) Issue a form of political publication for or against a	64809
candidate that costs in excess of the designated amount or that is	64810
issued in cooperation, consultation, or concert with, or at the	64811
request or suggestion of, a candidate, a campaign committee, a	64812
legislative campaign fund, a political party, a political action	64813
committee with ten or more members, a political contributing	64814
entity with ten or more members, or a limited political action	64815
committee or limited political contributing entity that spends in	64816
excess of the designated amount on a related or the same or	64817
similar political publication for or against a candidate;	64818

(b) Make an expenditure in excess of the designated amount in	64819
support of or opposition to a candidate or make an expenditure in	64820
cooperation, consultation, or concert with, or at the request or	64821
suggestion of, a candidate, a campaign committee, a legislative	64822
campaign fund, a political party, a political action committee	64823
with ten or more members, a political contributing entity with ten	64824
or more members, or a limited political action committee or	64825
limited political contributing entity that spends in excess of the	64826
designated amount in support of or opposition to the same	64827
candidate, for the purpose of financing political communications	64828
in support of or opposition to that candidate through public	64829
political advertising.	64830

(4) No political action committee with ten or more members	64831
and no political contributing entity with ten or more members	64832
shall issue a form of political publication for or against a	64833
candidate, or shall make an expenditure for the purpose of	64834
financing political communications in support of or opposition to	64835
a candidate through public political advertising, unless the name	64836
and residence or business address of the chairperson, treasurer,	64837
or secretary of the political action committee or political	64838
contributing entity that issues or otherwise is responsible for	64839
that political publication or that makes an expenditure for that	64840
political communication through public political advertising	64841
appears in a conspicuous place in that political publication or is	64842
contained within that political communication.	64843

(5)(a) No corporation, labor organization, ~~legislative~~	64844
~~campaign fund,~~ political party, or other entity, except a	64845
political action committee, a legislative campaign fund, or a	64846
campaign committee, shall issue a form of political publication	64847
for or against an issue, or shall make an expenditure for the	64848
purpose of financing political communications in support of or	64849
opposition to a ballot issue or question through public political	64850
advertising, unless the name and residence or business address of	64851
the chairperson, treasurer, or secretary of the corporation, labor	64852
organization, ~~legislative campaign fund,~~ political party, or other	64853
entity that issues or otherwise is responsible for that political	64854
publication or that makes an expenditure for that political	64855
communication through public political advertising appears in a	64856
conspicuous place in that political publication or is contained	64857
within that political communication.	64858

(b) No campaign committee or legislative campaign fund shall	64859
issue a form of political publication for or against an issue, or	64860
shall make an expenditure for the purpose of financing political	64861
communications in support of or opposition to a ballot issue or	64862
question through public political advertising, unless the name of	64863
the campaign committee or legislative campaign fund appears in a	64864
conspicuous place in that political publication or is contained	64865
within that political communication.	64866

(6) No limited political action committee shall do either of	64867
the following unless the name and residence or business address of	64868
the chairperson, treasurer, or secretary of the limited political	64869
action committee involved appears in a conspicuous place in the	64870
political publication for or against a ballot issue described in	64871
division (A)(6)(a) of this section or is contained within the	64872
political communication described in division (A)(6)(b) of this	64873
section:	64874

(a) Issue a form of political publication for or against a	64875
ballot issue that costs in excess of the designated amount or that	64876
is issued in cooperation, consultation, or concert with, or at the	64877
request or suggestion of, a candidate, a campaign committee, a	64878
legislative campaign fund, a political party, a political action	64879
committee with ten or more members, or a limited political action	64880
committee that spends in excess of the designated amount for a	64881
related or the same or similar political publication for or	64882
against an issue;	64883

(b) Make an expenditure in excess of the designated amount in	64884
support of or opposition to a ballot issue or make an expenditure	64885
in cooperation, consultation, or concert with, or at the request	64886
or suggestion of, a candidate, a campaign committee, a legislative	64887
campaign fund, a political party, a political action committee	64888
with ten or more members, or a limited political action committee	64889
that spends in excess of the designated amount in support of or	64890
opposition to the same ballot issue, for the purpose of financing	64891
political communications in support of or opposition to that	64892
ballot issue through public political advertising.	64893

(7) No political action committee with ten or more members	64894
shall issue a form of political publication for or against an	64895
issue, or shall make an expenditure for the purpose of financing	64896
political communications in support of or opposition to a ballot	64897
issue or question through public political advertising, unless the	64898
name and residence or business address of the chairperson,	64899
treasurer, or secretary of the political action committee that	64900
issues or otherwise is responsible for that political publication	64901
or that makes an expenditure for that political communication	64902
appears in a conspicuous place in that political publication or is	64903
contained within that political communication.	64904

(8) The disclaimer "paid political advertisement" is not	64905
sufficient to meet the requirements of this section.	64906

(9) If the political publication described in division (A) of	64907
this section is issued by the regularly constituted central or	64908
executive committee of a political party that is organized as	64909
provided in this chapter, it shall be sufficiently identified if	64910
it bears the name of the committee and its chairperson or	64911
treasurer.	64912

(10) If more than one piece of printed matter or printed	64913
political communications are mailed as a single packet, the	64914
requirements of division (A) of this section are met if one of the	64915
pieces of printed matter or printed political communications in	64916
the packet contains the name and residence or business address of	64917
the chairperson, treasurer, or secretary of the organization or	64918
entity that issues or is responsible for the printed matter or	64919
other printed political communications, except that if a campaign	64920
committee or legislative campaign fund mails more than one piece	64921
of printed matter or printed political communications as a single	64922
packet, the requirements of division (A) of this section are met	64923
if one of the pieces of printed matter or printed political	64924
communications in the packet contains the name of the campaign	64925
committee or legislative campaign fund.	64926

(11) This section does not apply to the transmittal of	64927
personal correspondence that is not reproduced by machine for	64928
general distribution.	64929

(12) The secretary of state, by rule, may exempt from the	64930
requirements of this section, printed matter and certain other	64931
kinds of printed communications such as campaign buttons,	64932
balloons, pencils, or similar items, the size or nature of which	64933
makes it unreasonable to add an identification or disclaimer.	64934

(13) The disclaimer or identification described in division	64935
(A) of this section, when paid for by a candidate, legislative	64936
campaign fund, or campaign committee, shall be identified by the	64937
words "paid for by" followed by the name of the ~~campaign committee~~	64938
~~and the appropriate officer of the committee, identified by name~~	64939
~~and title~~entity. The identification or disclaimer may use	64940
reasonable abbreviations for common terms such as ~~"treasurer" or~~	64941
"committee".	64942

(B)(1) No candidate, campaign committee, legislative campaign	64943
fund, political party, political action committee, limited	64944
political action committee, political contributing entity, limited	64945
political contributing entity, or other entity shall utter or	64946
cause to be uttered, over the broadcasting facilities of any radio	64947
or television station within this state, any communication that is	64948
designed to promote the nomination, election, or defeat of a	64949
candidate, or the adoption or defeat of an issue or to influence	64950
the voters in an election, unless the speaker identifies the	64951
speaker with the speaker's name and residence address or unless	64952
the communication identifies the chairperson, treasurer, or	64953
secretary of the organization responsible for the communication	64954
with the name and residence or business address of that officer,	64955
except that communications by radio need not broadcast the	64956
residence or business address of the officer. However, a radio	64957
station, for a period of at least six months, shall keep the	64958
residence or business address on file and divulge it to any person	64959
upon request.	64960

No person operating a broadcast station or an organ of	64961
printed media shall broadcast or print a paid political	64962
communication that does not contain the identification required by	64963
this section.	64964

(2) Division (B) of this section does not apply to any	64965
communications made on behalf of a radio or television station or	64966
network by any employee of such radio or television station or	64967
network while acting in the course of the employee's employment.	64968

(3) No candidate or entity described in division (B)(1) of	64969
this section shall use or cause to be used a false, fictitious, or	64970
fraudulent name or address in the making or issuing of a	64971
publication or communication included within the provisions of	64972
this section.	64973

(C) No candidate, campaign committee, legislative campaign	64974
fund, political party, political action committee, limited	64975
political action committee, political contributing entity, limited	64976
political contributing entity, or other person or entity shall	64977
conduct a telephone bank for the purpose of promoting the	64978
nomination, election, or defeat of a candidate or the adoption or	64979
defeat of an issue or to influence the voters in an election,	64980
unless the call includes a disclaimer that identifies the name of	64981
the candidate, campaign committee, legislative campaign fund,	64982
political party, political action committee, limited political	64983
action committee, political contributing entity, limited political	64984
contributing entity, or other person or entity paying for the	64985
telephone bank.	64986

(D) Before a prosecution may commence under this section, a	64987
complaint shall be filed with the Ohio elections commission under	64988
section 3517.153 of the Revised Code. After the complaint is	64989
filed, the commission shall proceed in accordance with sections	64990
3517.154 to 3517.157 of the Revised Code.	64991

Sec. 3517.992. This section establishes penalties only with	64992
respect to acts or failures to act that occur on and after August	64993
24, 1995.	64994

(A)(1) A candidate whose campaign committee violates division	64995
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	64996
or a treasurer of a campaign committee who violates any of those	64997
divisions, shall be fined not more than one hundred dollars for	64998
each day of violation.	64999

(2) Whoever violates division (E) or (X)(5) of section	65000
3517.13 or division (E)(1) of section 3517.1014 of the Revised	65001
Code shall be fined not more than one hundred dollars for each day	65002
of violation.	65003

(B) A political party that violates division (F)(1) of	65004
section 3517.101 of the Revised Code shall be fined not more than	65005
one hundred dollars for each day of violation.	65006

(C) Whoever violates division (F)(2) of section 3517.101,	65007
division (G) of section 3517.13, or division (E)(2) or (3) of	65008
section 3517.1014 of the Revised Code shall be fined not more than	65009
ten thousand dollars or, if the offender is a person who was	65010
nominated or elected to public office, shall forfeit the	65011
nomination or the office to which the offender was elected, or	65012
both.	65013

(D) Whoever violates division (F) of section 3517.13 of the	65014
Revised Code shall be fined not more than three times the amount	65015
contributed.	65016

(E) Whoever violates division (H) of section 3517.13 of the	65017
Revised Code shall be fined not more than one hundred dollars.	65018

(F) Whoever violates division (O), (P), or (Q) of section	65019
3517.13 of the Revised Code is guilty of a misdemeanor of the	65020
first degree.	65021

(G) A state or county committee of a political party that	65022
violates division (B)(1) of section 3517.18 of the Revised Code	65023
shall be fined not more than twice the amount of the improper	65024
expenditure.	65025

(H) A state or county political party that violates division	65026
(G) of section 3517.101 of the Revised Code shall be fined not	65027
more than twice the amount of the improper expenditure or use.	65028

(I)(1) Any individual who violates division (B)(1) of section	65029
3517.102 of the Revised Code and knows that the contribution the	65030
individual makes violates that division shall be fined an amount	65031
equal to three times the amount contributed in excess of the	65032
amount permitted by that division.	65033

(2) Any political action committee that violates division	65034
(B)(2) of section 3517.102 of the Revised Code shall be fined an	65035
amount equal to three times the amount contributed in excess of	65036
the amount permitted by that division.	65037

(3) Any campaign committee that violates division (B)(3) or	65038
(5) of section 3517.102 of the Revised Code shall be fined an	65039
amount equal to three times the amount contributed in excess of	65040
the amount permitted by that division.	65041

(4)(a) Any legislative campaign fund that violates division	65042
(B)(6) of section 3517.102 of the Revised Code shall be fined an	65043
amount equal to three times the amount transferred or contributed	65044
in excess of the amount permitted by that division, as applicable.	65045

(b) Any state political party, county political party, or	65046
state candidate fund of a state political party or county	65047
political party that violates division (B)(6) of section 3517.102	65048
of the Revised Code shall be fined an amount equal to three times	65049
the amount transferred or contributed in excess of the amount	65050
permitted by that division, as applicable.	65051

(c) Any political contributing entity that violates division	65052
(B)(7) of section 3517.102 of the Revised Code shall be fined an	65053
amount equal to three times the amount contributed in excess of	65054
the amount permitted by that division.	65055

(5) Any political party that violates division (B)(4) of	65056
section 3517.102 of the Revised Code shall be fined an amount	65057
equal to three times the amount contributed in excess of the	65058
amount permitted by that division.	65059

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	65060
of this section, no violation of division (B) of section 3517.102	65061
of the Revised Code occurs, and the secretary of state shall not	65062
refer parties to the Ohio elections commission, if the amount	65063
transferred or contributed in excess of the amount permitted by	65064
that division meets either of the following conditions:	65065

(a) It is completely refunded within five business days after	65066
it is accepted.	65067

(b) It is completely refunded on or before the tenth business	65068
day after notification to the recipient of the excess transfer or	65069
contribution by the board of elections or the secretary of state	65070
that a transfer or contribution in excess of the permitted amount	65071
has been received.	65072

(J)(1) Any campaign committee that violates division (C)(1),	65073
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	65074
fined an amount equal to three times the amount accepted in excess	65075
of the amount permitted by that division.	65076

(2)(a) Any county political party that violates division	65077
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	65078
shall be fined an amount equal to three times the amount accepted.	65079

(b) Any county political party that violates division	65080
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	65081
fined an amount from its state candidate fund equal to three times	65082
the amount accepted in excess of the amount permitted by that	65083
division.	65084

(c) Any state political party that violates division	65085
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	65086
an amount from its state candidate fund equal to three times the	65087
amount accepted in excess of the amount permitted by that	65088
division.	65089

(3) Any legislative campaign fund that violates division	65090
(C)(5) of section 3517.102 of the Revised Code shall be fined an	65091
amount equal to three times the amount accepted in excess of the	65092
amount permitted by that division.	65093

(4) Any political action committee or political contributing	65094
entity that violates division (C)(7) of section 3517.102 of the	65095
Revised Code shall be fined an amount equal to three times the	65096
amount accepted in excess of the amount permitted by that	65097
division.	65098

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	65099
this section, no violation of division (C) of section 3517.102 of	65100
the Revised Code occurs, and the secretary of state shall not	65101
refer parties to the Ohio elections commission, if the amount	65102
transferred or contributed in excess of the amount permitted to be	65103
accepted by that division meets either of the following	65104
conditions:	65105

(a) It is completely refunded within five business days after	65106
its acceptance.	65107

(b) It is completely refunded on or before the tenth business	65108
day after notification to the recipient of the excess transfer or	65109
contribution by the board of elections or the secretary of state	65110
that a transfer or contribution in excess of the permitted amount	65111
has been received.	65112

(K)(1) Any legislative campaign fund that violates division	65113
(F)(1) of section 3517.102 of the Revised Code shall be fined	65114
twenty-five dollars for each day of violation.	65115

(2) Any legislative campaign fund that violates division	65116
(F)(2) of section 3517.102 of the Revised Code shall give to the	65117
treasurer of state for deposit into the state treasury to the	65118
credit of the Ohio elections commission fund all excess	65119
contributions not disposed of as required by division (E) of	65120
section 3517.102 of the Revised Code.	65121

(L) Whoever violates section 3517.105 of the Revised Code	65122
shall be fined one thousand dollars.	65123

(M)(1) Whoever solicits a contribution in violation of	65124
section 3517.092 or violates division (B) of section 3517.09 of	65125
the Revised Code is guilty of a misdemeanor of the first degree.	65126

(2) Whoever knowingly accepts a contribution in violation of	65127
division (B) or (C) of section 3517.092 of the Revised Code shall	65128
be fined an amount equal to three times the amount accepted in	65129
violation of either of those divisions and shall return to the	65130
contributor any amount so accepted. Whoever unknowingly accepts a	65131
contribution in violation of division (B) or (C) of section	65132
3517.092 of the Revised Code shall return to the contributor any	65133
amount so accepted.	65134

(N) Whoever violates division (S) of section 3517.13 of the	65135
Revised Code shall be fined an amount equal to three times the	65136
amount of funds transferred or three times the value of the assets	65137
transferred in violation of that division.	65138

(O) Any campaign committee that accepts a contribution or	65139
contributions in violation of section 3517.108 of the Revised	65140
Code, uses a contribution in violation of that section, or fails	65141
to dispose of excess contributions in violation of that section	65142
shall be fined an amount equal to three times the amount accepted,	65143
used, or kept in violation of that section.	65144

(P) Any political party, state candidate fund, legislative	65145
candidate fund, or campaign committee that violates division (T)	65146
of section 3517.13 of the Revised Code shall be fined an amount	65147
equal to three times the amount contributed or accepted in	65148
violation of that section.	65149

(Q) A treasurer of a committee or another person who violates	65150
division (U) of section 3517.13 of the Revised Code shall be fined	65151
not more than two hundred fifty dollars.	65152

(R) Whoever violates division (I) or (J) of section 3517.13	65153
of the Revised Code shall be fined not more than one thousand	65154
dollars. Whenever a person is found guilty of violating division	65155
(I) or (J) of section 3517.13 of the Revised Code, the contract	65156
awarded in violation of either of those divisions shall be	65157
rescinded if its terms have not yet been performed.	65158

(S) A candidate whose campaign committee violates or a	65159
treasurer of a campaign committee who violates section 3517.081 of	65160
the Revised Code, and a candidate whose campaign committee	65161
violates or a treasurer of a campaign committee or another person	65162
who violates division (C) of section 3517.10 of the Revised Code,	65163
shall be fined not more than five hundred dollars.	65164

(T) A candidate whose campaign committee violates or a	65165
treasurer of a committee who violates division (B) of section	65166
3517.09 of the Revised Code, or a candidate whose campaign	65167
committee violates or a treasurer of a campaign committee or	65168
another person who violates division (C) of section 3517.09 of the	65169
Revised Code shall be fined not more than one thousand dollars.	65170

(U) Whoever violates section 3517.20 of the Revised Code	65171
shall be fined not more than five hundred dollars.	65172

(V) Whoever violates section 3517.21 or 3517.22 of the	65173
Revised Code shall be imprisoned for not more than six months or	65174
fined not more than five thousand dollars, or both.	65175

(W) A campaign committee that is required to file a	65176
declaration of no limits under division (D)(2) of section 3517.103	65177
of the Revised Code that, before filing that declaration, accepts	65178
a contribution or contributions that exceed the limitations	65179
prescribed in section 3517.102 of the Revised Code, shall return	65180
that contribution or those contributions to the contributor.	65181

(X) Any campaign committee that fails to file the declaration	65182
of filing-day finances required by division (F) of section	65183
3517.109 ~~or the declaration of primary-day finances or declaration~~	65184
~~of year-end finances required by division (E) of section 3517.1010~~	65185
of the Revised Code shall be fined twenty-five dollars for each	65186
day of violation.	65187

(Y)(1) Any campaign committee that fails to dispose of excess	65188
funds or excess aggregate contributions under division (B) of	65189
section 3517.109 of the Revised Code in the manner required by	65190
division (C) of that section ~~or under division (B) of section~~	65191
~~3517.1010 of the Revised Code in the manner required by division~~	65192
~~(C) of that section~~ shall give to the treasurer of state for	65193
deposit into the Ohio elections commission fund created under	65194
division (I) of section 3517.152 of the Revised Code all funds not	65195
disposed of pursuant to ~~those divisions~~that division.	65196

(2) Any treasurer of a transition fund that fails to dispose	65197
of assets remaining in the transition fund as required under	65198
division (H)(1) or (2) of section 3517.1014 of the Revised Code	65199
shall give to the treasurer of state for deposit into the Ohio	65200
elections commission fund all assets not disposed of pursuant to	65201
that division.	65202

(Z) Any individual, campaign committee, political action	65203
committee, political contributing entity, legislative campaign	65204
fund, political party, treasurer of a transition fund, or other	65205
entity that violates any provision of sections 3517.09 to 3517.12	65206
of the Revised Code for which no penalty is provided for under any	65207
other division of this section shall be fined not more than one	65208
thousand dollars.	65209

(AA)(1) Whoever knowingly violates division (W)(1) of section	65210
3517.13 of the Revised Code shall be fined an amount equal to	65211
three times the amount contributed, expended, or promised in	65212
violation of that division or ten thousand dollars, whichever	65213
amount is greater.	65214

(2) Whoever knowingly violates division (W)(2) of section	65215
3517.13 of the Revised Code shall be fined an amount equal to	65216
three times the amount solicited or accepted in violation of that	65217
division or ten thousand dollars, whichever amount is greater.	65218

(BB) Whoever knowingly violates division (C) or (D) of	65219
section 3517.1011 of the Revised Code shall be fined not more than	65220
ten thousand dollars plus not more than one thousand dollars for	65221
each day of violation.	65222

(CC)(1) Subject to division (CC)(2) of this section, whoever	65223
violates division (H) of section 3517.1011 of the Revised Code	65224
shall be fined an amount up to three times the amount disbursed	65225
for the direct costs of airing the communication made in violation	65226
of that division.	65227

(2) Whoever has been ordered by the Ohio elections commission	65228
or by a court of competent jurisdiction to cease making	65229
communications in violation of division (H) of section 3517.1011	65230
of the Revised Code who again violates that division shall be	65231
fined an amount equal to three times the amount disbursed for the	65232
direct costs of airing the communication made in violation of that	65233
division.	65234

(DD)(1) Any corporation or labor organization that violates	65235
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	65236
fined an amount equal to three times the amount given in excess of	65237
the amount permitted by that division.	65238

(2) Any state or county political party that violates	65239
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	65240
fined an amount equal to three times the amount accepted in excess	65241
of the amount permitted by that division.	65242

(EE)(1) Any campaign committee or person who violates	65243
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	65244
shall be fined an amount equal to three times the amount donated	65245
in excess of the amount permitted by that division.	65246

(2) Any officeholder or treasurer of a transition fund who	65247
violates division (C)(3)(a) or (b) of section 3517.1014 of the	65248
Revised Code shall be fined an amount equal to three times the	65249
amount accepted in excess of the amount permitted by that	65250
division.	65251

Sec. 3599.45. (A) As used in this section:

65252

"Candidate," "campaign committee," and "contribution" have	65253
the same meanings as in section 3517.01 of the Revised Code.	65254

"Medicaid provider" has the same meaning as in section	65255
5164.01 of the Revised Code.	65256

(B) No candidate for the office of attorney general or county	65257
prosecutor or such a candidate's campaign committee shall	65258
knowingly accept any contribution from a medicaid provider of	65259
~~services or goods under contract with the department of job and~~	65260
~~family services pursuant to the medicaid program of Title XIX of~~	65261
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	65262
~~amended,~~ or from any person having an ownership interest in the	65263
medicaid provider.	65264

~~As used in this section "candidate," "campaign committee,"~~	65265
~~and "contribution" have the same meaning as in section 3517.01 of~~	65266
~~the Revised Code.~~	65267

~~(B)~~(C) Whoever violates this section is guilty of a	65268
misdemeanor of the first degree.	65269

Sec. 3701.023. (A) The department of health shall review	65270
applications for eligibility for the program for medically	65271
handicapped children that are submitted to the department by city	65272
and general health districts and physician providers approved in	65273
accordance with division (C) of this section. The department shall	65274
determine whether the applicants meet the medical and financial	65275
eligibility requirements established by the director of health	65276
pursuant to division (A)(1) of section 3701.021 of the Revised	65277
Code, and by the department in the manual of operational	65278
procedures and guidelines for the program for medically	65279
handicapped children developed pursuant to division (B) of that	65280
section. Referrals of potentially eligible children for the	65281
program may be submitted to the department on behalf of the child	65282
by parents, guardians, public health nurses, or any other	65283
interested person. The department of health may designate other	65284
agencies to refer applicants to the department of health.	65285

(B) In accordance with the procedures established in rules	65286
adopted under division (A)(4) of section 3701.021 of the Revised	65287
Code, the department of health shall authorize a provider or	65288
providers to provide to any Ohio resident under twenty-one years	65289
of age, without charge to the resident or the resident's family	65290
and without restriction as to the economic status of the resident	65291
or the resident's family, diagnostic services necessary to	65292
determine whether the resident has a medically handicapping or	65293
potentially medically handicapping condition.	65294

(C) The department of health shall review the applications of	65295
health professionals, hospitals, medical equipment suppliers, and	65296
other individuals, groups, or agencies that apply to become	65297
providers. The department shall enter into a written agreement	65298
with each applicant who is determined, pursuant to the	65299
requirements set forth in rules adopted under division (A)(2) of	65300
section 3701.021 of the Revised Code, to be eligible to be a	65301
provider in accordance with the provider agreement required by the	65302
~~medical assistance~~medicaid program ~~established under section~~	65303
~~5111.01 of the Revised Code~~. No provider shall charge a medically	65304
handicapped child or the child's parent or guardian for services	65305
authorized by the department under division (B) or (D) of this	65306
section.	65307

The department, in accordance with rules adopted under	65308
division (A)(3) of section 3701.021 of the Revised Code, may	65309
disqualify any provider from further participation in the program	65310
for violating any requirement set forth in rules adopted under	65311
division (A)(2) of that section. The disqualification shall not	65312
take effect until a written notice, specifying the requirement	65313
violated and describing the nature of the violation, has been	65314
delivered to the provider and the department has afforded the	65315
provider an opportunity to appeal the disqualification under	65316
division (H) of this section.	65317

(D) The department of health shall evaluate applications from	65318
city and general health districts and approved physician providers	65319
for authorization to provide treatment services, service	65320
coordination, and related goods to children determined to be	65321
eligible for the program for medically handicapped children	65322
pursuant to division (A) of this section. The department shall	65323
authorize necessary treatment services, service coordination, and	65324
related goods for each eligible child in accordance with an	65325
individual plan of treatment for the child. As an alternative, the	65326
department may authorize payment of health insurance premiums on	65327
behalf of eligible children when the department determines, in	65328
accordance with criteria set forth in rules adopted under division	65329
(A)(9) of section 3701.021 of the Revised Code, that payment of	65330
the premiums is cost-effective.	65331

(E) The department of health shall pay, from appropriations	65332
to the department, any necessary expenses, including but not	65333
limited to, expenses for diagnosis, treatment, service	65334
coordination, supportive services, transportation, and accessories	65335
and their upkeep, provided to medically handicapped children,	65336
provided that the provision of the goods or services is authorized	65337
by the department under division (B) or (D) of this section. Money	65338
appropriated to the department of health may also be expended for	65339
reasonable administrative costs incurred by the program. The	65340
department of health also may purchase liability insurance	65341
covering the provision of services under the program for medically	65342
handicapped children by physicians and other health care	65343
professionals.	65344

Payments made to providers by the department of health	65345
pursuant to this division for inpatient hospital care, outpatient	65346
care, and all other medical assistance furnished to eligible	65347
recipients shall be made in accordance with rules adopted by the	65348
director of health pursuant to division (A) of section 3701.021 of	65349
the Revised Code.	65350

The departments of health and ~~job and family services~~	65351
medicaid shall jointly implement procedures to ensure that	65352
duplicate payments are not made under the program for medically	65353
handicapped children and the ~~medical assistance~~medicaid program	65354
~~established under section 5111.01 of the Revised Code~~ and to	65355
identify and recover duplicate payments.	65356

(F) At the time of applying for participation in the program	65357
for medically handicapped children, a medically handicapped child	65358
or the child's parent or guardian shall disclose the identity of	65359
any third party against whom the child or the child's parent or	65360
guardian has or may have a right of recovery for goods and	65361
services provided under division (B) or (D) of this section. The	65362
department of health shall require a medically handicapped child	65363
who receives services from the program or the child's parent or	65364
guardian to apply for all third-party benefits for which the child	65365
may be eligible and require the child, parent, or guardian to	65366
apply all third-party benefits received to the amount determined	65367
under division (E) of this section as the amount payable for goods	65368
and services authorized under division (B) or (D) of this section.	65369
The department is the payer of last resort and shall pay for	65370
authorized goods or services, up to the amount determined under	65371
division (E) of this section for the authorized goods or services,	65372
only to the extent that payment for the authorized goods or	65373
services is not made through third-party benefits. When a third	65374
party fails to act on an application or claim for benefits by a	65375
medically handicapped child or the child's parent or guardian, the	65376
department shall pay for the goods or services only after ninety	65377
days have elapsed since the date the child, parents, or guardians	65378
made an application or claim for all third-party benefits.	65379
Third-party benefits received shall be applied to the amount	65380
determined under division (E) of this section. Third-party	65381
payments for goods and services not authorized under division (B)	65382
or (D) of this section shall not be applied to payment amounts	65383
determined under division (E) of this section. Payment made by the	65384
department shall be considered payment in full of the amount	65385
determined under division (E) of this section. Medicaid payments	65386
for persons eligible for the ~~medical assistance~~medicaid program	65387
~~established under section 5111.01 of the Revised Code~~ shall be	65388
considered payment in full of the amount determined under division	65389
(E) of this section.	65390

(G) The department of health shall administer a program to	65391
provide services to Ohio residents who are twenty-one or more	65392
years of age who have cystic fibrosis and who meet the eligibility	65393
requirements established in rules adopted by the director of	65394
health pursuant to division (A)(7) of section 3701.021 of the	65395
Revised Code, subject to all provisions of this section, but not	65396
subject to section 3701.024 of the Revised Code.	65397

(H) The department of health shall provide for appeals, in	65398
accordance with rules adopted under section 3701.021 of the	65399
Revised Code, of denials of applications for the program for	65400
medically handicapped children under division (A) or (D) of this	65401
section, disqualification of providers, or amounts paid under	65402
division (E) of this section. Appeals under this division are not	65403
subject to Chapter 119. of the Revised Code.	65404

The department may designate ombudspersons to assist	65405
medically handicapped children or their parents or guardians, upon	65406
the request of the children, parents, or guardians, in filing	65407
appeals under this division and to serve as children's, parents',	65408
or guardians' advocates in matters pertaining to the	65409
administration of the program for medically handicapped children	65410
and eligibility for program services. The ombudspersons shall	65411
receive no compensation but shall be reimbursed by the department,	65412
in accordance with rules of the office of budget and management,	65413
for their actual and necessary travel expenses incurred in the	65414
performance of their duties.	65415

(I) The department of health, and city and general health	65416
districts providing service coordination pursuant to division	65417
(A)(2) of section 3701.024 of the Revised Code, shall provide	65418
service coordination in accordance with the standards set forth in	65419
the rules adopted under section 3701.021 of the Revised Code,	65420
without charge, and without restriction as to economic status.	65421

(J)(1) The department of health may establish a manufacturer	65422
discount program under which a manufacturer of a drug or	65423
nutritional formula is permitted to enter into an agreement with	65424
the department to provide a discount on the price of the drug or	65425
nutritional formula distributed to medically handicapped children	65426
participating in the program for medically handicapped children.	65427
The program shall be administered in accordance with rules adopted	65428
under section 3701.021 of the Revised Code.	65429

(2) If a manufacturer enters into an agreement with the	65430
department as described in division (J)(1) of this section, the	65431
manufacturer and the department may negotiate the amount and terms	65432
of the discount.	65433

(3) In lieu of establishing a discount program as described	65434
in division (J)(1) of this section, the department and a	65435
manufacturer of a drug or nutritional formula may discuss a	65436
donation of drugs, nutritional formulas, or money by the	65437
manufacturer to the department.	65438

Sec. 3701.024. (A)(1) Under a procedure established in rules	65439
adopted under section 3701.021 of the Revised Code, the department	65440
of health shall determine the amount each county shall provide	65441
annually for the program for medically handicapped children, based	65442
on a proportion of the county's total general property tax	65443
duplicate, not to exceed one-tenth of a mill, and charge the	65444
county for any part of expenses incurred under the program for	65445
treatment services on behalf of medically handicapped children	65446
having legal settlement in the county that is not paid from	65447
federal funds or through the ~~medical assistance~~medicaid program	65448
~~established under section 5111.01 of the Revised Code~~. The	65449
department shall not charge the county for expenses exceeding the	65450
difference between the amount determined under division (A)(1) of	65451
this section and any amounts retained under divisions (A)(2) and	65452
(3) of this section.	65453

All amounts collected by the department under division (A)(1)	65454
of this section shall be deposited into the state treasury to the	65455
credit of the medically handicapped children-county assessment	65456
fund, which is hereby created. The fund shall be used by the	65457
department to comply with sections 3701.021 to 3701.028 of the	65458
Revised Code.	65459

(2) The department, in accordance with rules adopted under	65460
section 3701.021 of the Revised Code, may allow each county to	65461
retain up to ten per cent of the amount determined under division	65462
(A)(1) of this section to provide funds to city or general health	65463
districts of the county with which the districts shall provide	65464
service coordination, public health nursing, or transportation	65465
services for medically handicapped children.	65466

(3) In addition to any amount retained under division (A)(2)	65467
of this section, the department, in accordance with rules adopted	65468
under section 3701.021 of the Revised Code, may allow counties	65469
that it determines have significant numbers of potentially	65470
eligible medically handicapped children to retain an amount equal	65471
to the difference between:	65472

(a) Twenty-five per cent of the amount determined under	65473
division (A)(1) of this section;	65474

(b) Any amount retained under division (A)(2) of this	65475
section.	65476

Counties shall use amounts retained under division (A)(3) of	65477
this section to provide funds to city or general health districts	65478
of the county with which the districts shall conduct outreach	65479
activities to increase participation in the program for medically	65480
handicapped children.	65481

(4) Prior to any increase in the millage charged to a county,	65482
the director of health shall hold a public hearing on the proposed	65483
increase and shall give notice of the hearing to each board of	65484
county commissioners that would be affected by the increase at	65485
least thirty days prior to the date set for the hearing. Any	65486
county commissioner may appear and give testimony at the hearing.	65487
Any increase in the millage any county is required to provide for	65488
the program for medically handicapped children shall be	65489
determined, and notice of the amount of the increase shall be	65490
provided to each affected board of county commissioners, no later	65491
than the first day of June of the fiscal year next preceding the	65492
fiscal year in which the increase will take effect.	65493

(B) Each board of county commissioners shall establish a	65494
medically handicapped children's fund and shall appropriate	65495
thereto an amount, determined in accordance with division (A)(1)	65496
of this section, for the county's share in providing medical,	65497
surgical, and other aid to medically handicapped children residing	65498
in such county and for the purposes specified in divisions (A)(2)	65499
and (3) of this section. Each county shall use money retained	65500
under divisions (A)(2) and (3) of this section only for the	65501
purposes specified in those divisions.	65502

Sec. 3701.027. The department of health shall administer	65503
funds received from the "Maternal and Child Health Block Grant,"	65504
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	65505
U.S.C.A. 701, as amended, for programs including the program for	65506
medically handicapped children, and to provide technical	65507
assistance and consultation to city and general health districts	65508
and local health planning organizations in implementing local,	65509
community-based, family-centered, coordinated systems of care for	65510
medically handicapped children. The department may make grants to	65511
persons and other entities for the provision of services with the	65512
funds. In addition, the department may use the funds to purchase	65513
liability insurance covering the provision of services under the	65514
programs by physicians and other health care professionals, and to	65515
pay health insurance premiums on behalf of medically handicapped	65516
children participating in the program for medically handicapped	65517
children when the department determines, in accordance with	65518
criteria set forth in rules adopted under division (A)(9) of	65519
section 3701.021 of the Revised Code, that payment of the premiums	65520
is cost effective.	65521

In determining eligibility for services provided with funds	65522
received from the "Maternal and Child Health Block Grant," the	65523
department may use the application form established under section	65524
~~5111.013~~5163.40 of the Revised Code. The department may require	65525
applicants to furnish their social security numbers. Funds from	65526
the "Maternal and Child Health Block Grant" that are administered	65527
for the purpose of providing family planning services shall be	65528
distributed in accordance with section 3701.033 of the Revised	65529
Code.	65530

Sec. 3701.033. (A) This section establishes the order of	65531
priority to be followed by the department of health when	65532
distributing funds for the purpose of providing family planning	65533
services, including funds the department receives through the	65534
"Maternal and Child Health Block Grant," Title V of the "Social	65535
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	65536
funds the department receives through Title X of the "Public	65537
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	65538
amended. This section does not apply to grants awarded by the	65539
department under section 3701.046 of the Revised Code.	65540

(B) With respect to each period during which funds from a	65541
particular source are distributed for the purpose of providing	65542
family planning services, the department is subject to both of the	65543
following when distributing the funds to applicants seeking those	65544
funds:	65545

(1) Foremost priority shall be given to public entities that	65546
are operated by state or local government entities and that	65547
provide or are able to provide family planning services.	65548

(2) If any funds remain after the department distributes	65549
funds to public entities under division (B)(1) of this section,	65550
the department may distribute funds to nonpublic entities. If	65551
funds are distributed to nonpublic entities, the department shall	65552
distribute the funds in the following order of descending	65553
priority:	65554

(a) Nonpublic entities that are federally qualified health	65555
centers or federally qualified health center look-alikes, both as	65556
defined in section 3701.047 of the Revised Code, or community	65557
action agencies, as defined in section 122.66 of the Revised Code;	65558

(b) Nonpublic entities that provide comprehensive primary and	65559
preventive care services in addition to family planning services;	65560

(c) Nonpublic entities that provide family planning services,	65561
but do not provide comprehensive primary and preventive care	65562
services.	65563

Sec. 3701.13. The department of health shall have	65564
supervision of all matters relating to the preservation of the	65565
life and health of the people and have ultimate authority in	65566
matters of quarantine and isolation, which it may declare and	65567
enforce, when neither exists, and modify, relax, or abolish, when	65568
either has been established. The department may approve methods of	65569
immunization against the diseases specified in section 3313.671 of	65570
the Revised Code for the purpose of carrying out the provisions of	65571
that section and take such actions as are necessary to encourage	65572
vaccination against those diseases.	65573

The department may make special or standing orders or rules	65574
for preventing the use of fluoroscopes for nonmedical purposes	65575
~~which~~that emit doses of radiation likely to be harmful to any	65576
person, for preventing the spread of contagious or infectious	65577
diseases, for governing the receipt and conveyance of remains of	65578
deceased persons, and for such other sanitary matters as are best	65579
controlled by a general rule. Whenever possible, the department	65580
shall work in cooperation with the health commissioner of a	65581
general or city health district. ItThe department may make and	65582
enforce orders in local matters or reassign substantive authority	65583
for mandatory programs from a general or city health district to	65584
another general or city health district when an emergency exists,	65585
or when the board of health of a general or city health district	65586
has neglected or refused to act with sufficient promptness or	65587
efficiency, or when such board has not been established as	65588
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	65589
3709.12, and 3709.14 of the Revised Code. In such cases, the	65590
necessary expense incurred shall be paid by the general health	65591
district or city for which the services are rendered.	65592

The department of health may require general or city health	65593
districts to enter into agreements for shared services under	65594
section 9.482 of the Revised Code. The department shall prepare	65595
and offer to boards of health a model contract and memorandum of	65596
understanding that are easily adaptable for use by boards of	65597
health when entering into shared services agreements. The	65598
department also shall offer financial and other technical	65599
assistance to boards of health to encourage the sharing of	65600
services.	65601

As a condition precedent to receiving funding from the	65602
department of health, the director of health may require general	65603
or city health districts to complete the prerequisites for	65604
national public health agency accreditation not later than July 1,	65605
2018. An objective body approved by the director in conjunction	65606
with the association of Ohio health commissioners, shall	65607
independently verify that the prerequisites have been timely	65608
completed.	65609

The department may make evaluative studies of the nutritional	65610
status of Ohio residents, and of the food and nutrition-related	65611
programs operating within the state. Every agency of the state, at	65612
the request of the department, shall provide information and	65613
otherwise assist in the execution of such studies.	65614

Sec. 3701.132. The department of health is hereby designated	65615
as the state agency to administer the "special supplemental	65616
nutrition program for women, infants, and children" established	65617
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	65618
1786, as amended. The director of health may adopt rules pursuant	65619
to Chapter 119. of the Revised Code as necessary for administering	65620
the program. The rules may include civil money penalties for	65621
violations of the rules.	65622

In determining eligibility for services provided under the	65623
program, the department may use the application form established	65624
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	65625
start program. The department may require applicants to furnish	65626
their social security numbers.	65627

If the department determines that a vendor has committed an	65628
act with respect to the program that federal statutes or	65629
regulations or state statutes or rules prohibit, the department	65630
shall take action against the vendor in the manner required by 7	65631
C.F.R. part 246, including imposition of a civil money penalty in	65632
accordance with 7 C.F.R. 246.12, or rules adopted under this	65633
section.	65634

Sec. 3701.243. (A) Except as provided in this section or	65635
section 3701.248 of the Revised Code, no person or agency of state	65636
or local government that acquires the information while providing	65637
any health care service or while in the employ of a health care	65638
facility or health care provider shall disclose or compel another	65639
to disclose any of the following:	65640

(1) The identity of any individual on whom an HIV test is	65641
performed;	65642

(2) The results of an HIV test in a form that identifies the	65643
individual tested;	65644

(3) The identity of any individual diagnosed as having AIDS	65645
or an AIDS-related condition.	65646

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	65647
(F) of this section, the results of an HIV test or the identity of	65648
an individual on whom an HIV test is performed or who is diagnosed	65649
as having AIDS or an AIDS-related condition may be disclosed only	65650
to the following:	65651

(a) The individual who was tested or the individual's legal	65652
guardian, and the individual's spouse or any sexual partner;	65653

(b) A person to whom disclosure is authorized by a written	65654
release, executed by the individual tested or by the individual's	65655
legal guardian and specifying to whom disclosure of the test	65656
results or diagnosis is authorized and the time period during	65657
which the release is to be effective;	65658

65659

(d) The department of health or a health commissioner to	65660
which reports are made under section 3701.24 of the Revised Code;	65661

(e) A health care facility or provider that procures,	65662
processes, distributes, or uses a human body part from a deceased	65663
individual, donated for a purpose specified in Chapter 2108. of	65664
the Revised Code, and that needs medical information about the	65665
deceased individual to ensure that the body part is medically	65666
acceptable for its intended purpose;	65667

(f) Health care facility staff committees or accreditation or	65668
oversight review organizations conducting program monitoring,	65669
program evaluation, or service reviews;	65670

(g) A health care provider, emergency medical services	65671
worker, or peace officer who sustained a significant exposure to	65672
the body fluids of another individual, if that individual was	65673
tested pursuant to division (E)(6) of section 3701.242 of the	65674
Revised Code, except that the identity of the individual tested	65675
shall not be revealed;	65676

(h) To law enforcement authorities pursuant to a search	65677
warrant or a subpoena issued by or at the request of a grand jury,	65678
a prosecuting attorney, a city director of law or similar chief	65679
legal officer of a municipal corporation, or a village solicitor,	65680
in connection with a criminal investigation or prosecution.	65681

(2) The results of an HIV test or a diagnosis of AIDS or an	65682
AIDS-related condition may be disclosed to a health care provider,	65683
or an authorized agent or employee of a health care facility or a	65684
health care provider, if the provider, agent, or employee has a	65685
medical need to know the information and is participating in the	65686
diagnosis, care, or treatment of the individual on whom the test	65687
was performed or who has been diagnosed as having AIDS or an	65688
AIDS-related condition.	65689

This division does not impose a standard of disclosure	65690
different from the standard for disclosure of all other specific	65691
information about a patient to health care providers and	65692
facilities. Disclosure may not be requested or made solely for the	65693
purpose of identifying an individual who has a positive HIV test	65694
result or has been diagnosed as having AIDS or an AIDS-related	65695
condition in order to refuse to treat the individual. Referral of	65696
an individual to another health care provider or facility based on	65697
reasonable professional judgment does not constitute refusal to	65698
treat the individual.	65699

(3) Not later than ninety days after November 1, 1989, each	65700
health care facility in this state shall establish a protocol to	65701
be followed by employees and individuals affiliated with the	65702
facility in making disclosures authorized by division (B)(2) of	65703
this section. A person employed by or affiliated with a health	65704
care facility who determines in accordance with the protocol	65705
established by the facility that a disclosure is authorized by	65706
division (B)(2) of this section is immune from liability to any	65707
person in a civil action for damages for injury, death, or loss to	65708
person or property resulting from the disclosure.	65709

(C)(1) Any person or government agency may seek access to or	65710
authority to disclose the HIV test records of an individual in	65711
accordance with the following provisions:	65712

(a) The person or government agency shall bring an action in	65713
a court of common pleas requesting disclosure of or authority to	65714
disclose the results of an HIV test of a specific individual, who	65715
shall be identified in the complaint by a pseudonym but whose name	65716
shall be communicated to the court confidentially, pursuant to a	65717
court order restricting the use of the name. The court shall	65718
provide the individual with notice and an opportunity to	65719
participate in the proceedings if the individual is not named as a	65720
party. Proceedings shall be conducted in chambers unless the	65721
individual agrees to a hearing in open court.	65722

(b) The court may issue an order granting the plaintiff	65723
access to or authority to disclose the test results only if the	65724
court finds by clear and convincing evidence that the plaintiff	65725
has demonstrated a compelling need for disclosure of the	65726
information that cannot be accommodated by other means. In	65727
assessing compelling need, the court shall weigh the need for	65728
disclosure against the privacy right of the individual tested and	65729
against any disservice to the public interest that might result	65730
from the disclosure, such as discrimination against the individual	65731
or the deterrence of others from being tested.	65732

(c) If the court issues an order, it shall guard against	65733
unauthorized disclosure by specifying the persons who may have	65734
access to the information, the purposes for which the information	65735
shall be used, and prohibitions against future disclosure.	65736

(2) A person or government agency that considers it necessary	65737
to disclose the results of an HIV test of a specific individual in	65738
an action in which it is a party may seek authority for the	65739
disclosure by filing an in camera motion with the court in which	65740
the action is being heard. In hearing the motion, the court shall	65741
employ procedures for confidentiality similar to those specified	65742
in division (C)(1) of this section. The court shall grant the	65743
motion only if it finds by clear and convincing evidence that a	65744
compelling need for the disclosure has been demonstrated.	65745

(3) Except for an order issued in a criminal prosecution or	65746
an order under division (C)(1) or (2) of this section granting	65747
disclosure of the result of an HIV test of a specific individual,	65748
a court shall not compel a blood bank, hospital blood center, or	65749
blood collection facility to disclose the result of HIV tests	65750
performed on the blood of voluntary donors in a way that reveals	65751
the identity of any donor.	65752

(4) In a civil action in which the plaintiff seeks to recover	65753
damages from an individual defendant based on an allegation that	65754
the plaintiff contracted the HIV virus as a result of actions of	65755
the defendant, the prohibitions against disclosure in this section	65756
do not bar discovery of the results of any HIV test given to the	65757
defendant or any diagnosis that the defendant suffers from AIDS or	65758
an AIDS-related condition.	65759

(D) The results of an HIV test or the identity of an	65760
individual on whom an HIV test is performed or who is diagnosed as	65761
having AIDS or an AIDS-related condition may be disclosed to a	65762
federal, state, or local government agency, or the official	65763
representative of such an agency, for purposes of the ~~medical~~	65764
~~assistance~~medicaid program ~~established under section 5111.01 of~~	65765
~~the Revised Code~~, the medicare program ~~established under Title~~	65766
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	65767
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	65768

(E) Any disclosure pursuant to this section shall be in	65769
writing and accompanied by a written statement that includes the	65770
following or substantially similar language: "This information has	65771
been disclosed to you from confidential records protected from	65772
disclosure by state law. You shall make no further disclosure of	65773
this information without the specific, written, and informed	65774
release of the individual to whom it pertains, or as otherwise	65775
permitted by state law. A general authorization for the release of	65776
medical or other information is not sufficient for the purpose of	65777
the release of HIV test results or diagnoses."	65778

(F) An individual who knows that the individual has received	65779
a positive result on an HIV test or has been diagnosed as having	65780
AIDS or an AIDS-related condition shall disclose this information	65781
to any other person with whom the individual intends to make	65782
common use of a hypodermic needle or engage in sexual conduct as	65783
defined in section 2907.01 of the Revised Code. An individual's	65784
compliance with this division does not prohibit a prosecution of	65785
the individual for a violation of division (B) of section 2903.11	65786
of the Revised Code.	65787

(G) Nothing in this section prohibits the introduction of	65788
evidence concerning an HIV test of a specific individual in a	65789
criminal proceeding.	65790

Sec. 3701.261. (A) As used in this section, "state	65791
university" has the same meaning as in section 3345.011 of the	65792
Revised Code.	65793

(B) The director of health shall:

65794

(1) Establish a population-based cancer registry, which shall	65795
be known as the Ohio cancer incidence surveillance system, to	65796
monitor the incidence of various types of malignant diseases in	65797
Ohio, make appropriate epidemiologic studies to determine any	65798
causal relations of such diseases with occupational, nutritional,	65799
environmental, or infectious conditions, and alleviate or	65800
eliminate any such conditions;	65801

(2) Advise, consult, cooperate with, and assist, by contract	65802
or otherwise, agencies of the state and federal government,	65803
agencies of the governments of other states, agencies of political	65804
subdivisions of this state, universities, private organizations,	65805
corporations, and associations for the purposes of division	65806
~~(A)~~(B)(1) of this section;	65807

(3) Accept and administer grants from the federal government	65808
or other sources, public or private, for carrying out any of the	65809
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	65810
section.	65811

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	65812
follow a model of cancer data collection as set forth by the	65813
survey epidemiology and end results system (SEERS).	65814

(D) The department may, by contract, designate a state	65815
university as an agent to implement some or all of this section	65816
and section 3701.262 of the Revised Code and the rules adopted	65817
under those sections.	65818

Sec. 3701.262. (A) As used in this section ~~and section~~	65819
~~3701.263 of the Revised Code~~:	65820

(1) "Physician" means a person who holds a valid certificate	65821
issued under Chapter 4731. of the Revised Code authorizing the	65822
person to practice medicine orand surgery or osteopathic medicine	65823
and surgery.	65824

(2) "Dentist" means a person who is licensed under Chapter	65825
4715. of the Revised Code to practice dentistry.	65826

(3) "Hospital" has the same meaning as in section 3727.01 of	65827
the Revised Code.	65828

(4) "Cancer" includes those diseases specified by rule of the	65829
director of health under division (B)(2) of this section.	65830

(B) The director of health shall adopt rules in accordance	65831
with Chapter 119. of the Revised Code to do all of the following:	65832

(1) Establish the Ohio cancer incidence surveillance system	65833
required by section 3701.261 of the Revised Code;	65834

(2) Specify the types of cancer and other tumorous and	65835
precancerous diseases to be reported to the department of health	65836
under division (D) of this section;	65837

(3) Establish reporting requirements for information	65838
concerning diagnosed cancer cases as the director considers	65839
necessary to conduct epidemiologic surveys of cancer in this	65840
state;	65841

(4) Establish standards that must be met by research projects	65842
to be eligible to receive information concerning individual cancer	65843
patients from the department of health ~~under division (B) of~~	65844
~~section 3701.263 of the Revised Code~~.	65845

(C) The department of health shall record in the registry all	65846
reports of cancer received by it. In the development and	65847
administration of the cancer registry the department may use	65848
information compiled by public or private cancer registries and	65849
may contract for the collection and analysis of, and research	65850
related to, the information recorded under this section.	65851

(D)(1) Each physician, dentist, hospital, or person providing	65852
diagnostic or treatment services to patients with cancer shall	65853
report each case of cancer to the department. Any person required	65854
to report pursuant to this section may elect to report to the	65855
department through an existing cancer registry if the registry	65856
meets the reporting standards established by the director and	65857
reports to the department.	65858

(2) No person shall fail to make the cancer reports required	65859
by division (D)(1) of this section.	65860

(E) All physicians, dentists, hospitals, or persons providing	65861
diagnostic or treatment services to patients with cancer shall	65862
grant to the department or its authorized representative access to	65863
all records that identify cases of cancer or establish	65864
characteristics of cancer, the treatment of cancer, or the medical	65865
status of any identified cancer patient.	65866

(F) The Arthur G. James cancer hospital and Richard J. Solove	65867
research institute of the Ohio state university, shall analyze and	65868
evaluate the cancer reports collected pursuant to this section.	65869
The department shall publish and make available to the public	65870
reports summarizing the information collected. Reports shall be	65871
made on a calendar year basis and published not later than ninety	65872
days after the end of each calendar year.	65873

(G) Furnishing information, including records, reports,	65874
statements, notes, memoranda, or other information, to the	65875
department of health, either voluntarily or as required by this	65876
section, or to a person or governmental entity designated as a	65877
medical research project by the department, does not subject a	65878
physician, dentist, hospital, or person providing diagnostic or	65879
treatment services to patients with cancer to liability in an	65880
action for damages or other relief for furnishing the information.	65881

(H) This section does not affect the authority of any person	65882
or facility providing diagnostic or treatment services to patients	65883
with cancer to maintain facility-based tumor registries, in	65884
addition to complying with the reporting requirements of this	65885
section.	65886

~~(I) No person shall fail to make the cancer reports required~~	65887
~~by division (D) of this section.~~	65888

Sec. 3701.264. There is hereby created the Ohio cancer	65889
incidence surveillance system advisory board. The board shall	65890
consist of the director of health, who shall serve as chair of the	65891
board, and one representative, appointed by the governor, from	65892
each medical school accredited by the liaison committee on medical	65893
education and each osteopathic medical school accredited by the	65894
American osteopathic association in Ohio. In addition, the	65895
director of health shall appoint up to three additional members of	65896
the board. Vacancies on the board shall be filled in the same	65897
manner as the initial appointments. Members shall serve without	65898
compensation.	65899

The board shall provide oversight of the collection and	65900
analysis of data by the Ohio cancer incidence surveillance system	65901
to the director of health and the Arthur G. James cancer hospital	65902
and Richard J. Solove research institute of the Ohio state	65903
university and advise in the implementation of sections 3701.261	65904
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	65905
and conduct its business as directed by the chair.	65906

~~The board shall report to the finance committees of both~~	65907
~~houses of the general assembly, not later than March 1, 2001, on~~	65908
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	65909
~~the Revised Code.~~	65910

The board is not subject to sections 101.82 to 101.87 of the	65911
Revised Code.	65912

Sec. 3701.342. ~~After consultation with the public health~~	65913
~~standards task force established under section 3701.343 of the~~	65914
~~Revised Code, the~~The director of health shall adopt rules	65915
establishing minimum standards and optimum achievable standards	65916
for boards of health and local health departments. The minimum	65917
standards shall assure that boards of health and local health	65918
departments provide for:	65919

(A) Analysis and prevention of communicable disease;

65920

(B) Analysis of the causes of, and appropriate treatment for,	65921
the leading causes of morbidity and mortality;	65922

(C) The administration and management of the local health	65923
department;	65924

(D) Access to primary health care by medically underserved	65925
individuals;	65926

(E) Environmental health management programs;

65927

(F) Health promotion services designed to encourage	65928
individual and community wellness;	65929

(G) Annual completion of two hours of continuing education by	65930
each member of a board of health. The minimum standards shall	65931
provide that continuing education credits earned for the purpose	65932
of license renewal or certification by licensed health	65933
professionals serving on boards of health may be counted to	65934
fulfill the two-hour continuing education requirement.	65935

The director shall adopt rules establishing a formula for	65936
distribution of state health district subsidy funds to boards of	65937
health and local health departments. The formula shall provide no	65938
subsidy funds to a board or department unless it meets minimum	65939
standards and shall provide higher funding levels for boards and	65940
districts that meet optimum achievable standards.	65941

Notwithstanding section 119.03 of the Revised Code, rules	65942
adopted under this section shall not take effect unless approved	65943
by concurrent resolution of the general assembly.	65944

Sec. 3701.344. As used in this section and sections	65945
3701.345, 3701.346, and 3701.347 of the Revised Code:	65946

(A) "Private water system" means any water system for the	65947
provision of water for human consumption, if such system has fewer	65948
than fifteen service connections and does not regularly serve an	65949
average of at least twenty-five individuals daily at least sixty	65950
days out of the year. A private water system includes any well,	65951
spring, cistern, pond, or hauled water and any equipment for the	65952
collection, transportation, filtration, disinfection, treatment,	65953
or storage of such water extending from and including the source	65954
of the water to the point of discharge from any pressure tank or	65955
other storage vessel; to the point of discharge from the water	65956
pump where no pressure tank or other storage vessel is present;	65957
or, in the case of multiple service connections serving more than	65958
one dwelling, to the point of discharge from each service	65959
connection. "Private water system" does not include the water	65960
service line extending from the point of discharge to a structure.	65961

(B) Notwithstanding section 3701.347 of the Revised Code and	65962
subject to division (C) of this section, rules adopted by the	65963
director of health regarding private water systems shall provide	65964
for the following:	65965

(1) Except as otherwise provided in this division, boards of	65966
health of city or general health districts shall be given the	65967
exclusive power to establish fees in accordance with section	65968
3709.09 of the Revised Code for administering and enforcing such	65969
rules. Such fees shall establish a different rate for	65970
administering and enforcing the rules relative to private water	65971
systems serving single-family dwelling houses and nonsingle-family	65972
dwelling houses. Except for an amount established by the director,	65973
pursuant to division (B)(5) of this section, for each new private	65974
water system installation, no portion of any fee for administering	65975
and enforcing such rules shall be returned to the department of	65976
health. If the director of health determines that a board of	65977
health of a city or general health district is unable to	65978
administer and enforce a private water system program in the	65979
district, the director shall administer and enforce such a program	65980
in the district and establish fees for such administration and	65981
enforcement.	65982

(2) Boards of health of city or general health districts	65983
shall be given the exclusive power to determine the number of	65984
inspections necessary for determining the safe drinking	65985
characteristics of a private water system.	65986

(3) Private water systems contractors, as a condition of	65987
doing business in this state, shall annually register with, and	65988
comply with surety bonding requirements of, the department of	65989
health. No such contractor shall be permitted to register if the	65990
contractor fails to comply with all applicable rules adopted by	65991
the director and the board of health of the city or general health	65992
district. The annual registration fee for private water systems	65993
contractors shall be sixty-five dollars. The director, by rule	65994
adopted in accordance with Chapter 119. of the Revised Code, may	65995
increase the annual registration fee.	65996

(4) Subject to rules adopted by the director, boards of	65997
health of city or general health districts shall have the option	65998
of determining whether bacteriological examinations shall be	65999
performed at approved laboratories of the state or at approved	66000
private laboratories.	66001

(5) The director may establish fees for each new private	66002
water system installation, which shall be collected by the	66003
appropriate board of health and transmitted to the director	66004
pursuant to section 3709.092 of the Revised Code.	66005

(6) All fees received by the director of health under	66006
divisions (B)(1), (3), and (5) of this section shall be deposited	66007
in the state treasury to the credit of the general operations fund	66008
created in section 3701.83 of the Revised Code for use in the	66009
administration and enforcement of sections 3701.344 to 3701.347 of	66010
the Revised Code and the rules pertaining to private water systems	66011
adopted under those sections.	66012

(C) To the extent that rules adopted under division (B) of	66013
this section require health districts to follow specific	66014
procedures or use prescribed forms, no such procedure or form	66015
shall be implemented until it is approved by majority vote of an	66016
approval board of health commissioners, hereby created. Members of	66017
the board shall be the officers of the association of Ohio health	66018
commissioners, or any successor organization, and membership on	66019
the board shall be coterminous with holding an office of the	66020
association. No health district is required to follow a procedure	66021
or use a form required by a rule adopted under division (B) of	66022
this section without the approval of the board.	66023

(D) A board of health shall collect well log filing fees on	66024
behalf of the division of soil and water resources in the	66025
department of natural resources in accordance with section 1521.05	66026
of the Revised Code and rules adopted under it. The fees shall be	66027
submitted to the division quarterly as provided in those rules.	66028

(E) A water system that does not provide water for human	66029
consumption shall not be required to obtain a permit or license	66030
issued under, pay any fees assessed or levied under, or comply	66031
with any rule adopted under sections 3701.34 to 3701.347 of the	66032
Revised Code.	66033

Sec. 3701.507. (A) To assist in implementing sections	66034
3701.503 to 3701.509 of the Revised Code, the medically	66035
handicapped children's medical advisory council created in section	66036
3701.025 of the Revised Code shall appoint a permanent infant	66037
hearing screening subcommittee. The subcommittee shall consist of	66038
the following members:	66039

(1) One otolaryngologist;

66040

(2) One neonatologist;

66041

(3) One pediatrician;

66042

(4) One neurologist;

66043

(5) One hospital administrator;

66044

(6) Two or more audiologists who are experienced in infant	66045
hearing screening and evaluation;	66046

(7) One speech-language pathologist licensed under section	66047
4753.07 of the Revised Code;	66048

(8) Two persons who are each a parent of a hearing-impaired	66049
child;	66050

(9) One geneticist;

66051

(10) One epidemiologist;

66052

(11) One adult who is deaf or hearing impaired;

66053

(12) One representative from an organization for the deaf or	66054
hearing impaired;	66055

(13) One family advocate;

66056

(14) One nurse from a well-baby neonatal nursery;

66057

(15) One nurse from a special care neonatal nursery;

66058

(16) One teacher of the deaf who works with infants and	66059
toddlers;	66060

(17) One representative of the health insurance industry;

66061

(18) One representative of the bureau for children with	66062
medical handicaps;	66063

(19) One representative of the department of education;

66064

(20) One representative of the ~~Ohio~~ department of ~~job and~~	66065
~~family services who has responsibilities regarding~~ medicaid;	66066

(21) Any other person the advisory council appoints.

66067

(B) The infant hearing subcommittee shall:

66068

(1) Consult with the director of health regarding the	66069
administration of sections 3701.503 to 3701.509 of the Revised	66070
Code;	66071

(2) Advise and make recommendations regarding proposed rules	66072
prior to their adoption by the director under section 3701.508 of	66073
the Revised Code;	66074

(3) Consult with the director of health and advise and make	66075
recommendations regarding program development and implementation	66076
under sections 3701.503 to 3701.509 of the Revised Code, including	66077
all of the following:	66078

(a) Establishment under section 3701.504 of the Revised Code	66079
of the statewide hearing screening, tracking, and early	66080
intervention program to identify newborn and infant hearing	66081
impairment;	66082

(b) Identification of locations where hearing evaluations may	66083
be conducted;	66084

(c) Recommendations for methods and techniques of hearing	66085
screening and hearing evaluation;	66086

(d) Referral, data recording and compilation, and procedures	66087
to encourage follow-up hearing care;	66088

(e) Maintenance of a register of newborns and infants who do	66089
not pass the hearing screening;	66090

(f) Preparation of the information required by section	66091
3701.506 of the Revised Code.	66092

Sec. 3701.74. (A) As used in this section and section	66093
3701.741 of the Revised Code:	66094

(1) "Ambulatory care facility" means a facility that provides	66095
medical, diagnostic, or surgical treatment to patients who do not	66096
require hospitalization, including a dialysis center, ambulatory	66097
surgical facility, cardiac catheterization facility, diagnostic	66098
imaging center, extracorporeal shock wave lithotripsy center, home	66099
health agency, inpatient hospice, birthing center, radiation	66100
therapy center, emergency facility, and an urgent care center.	66101
"Ambulatory care facility" does not include the private office of	66102
a physician or dentist, whether the office is for an individual or	66103
group practice.	66104

(2) "Chiropractor" means an individual licensed under Chapter	66105
4734. of the Revised Code to practice chiropractic.	66106

(3) "Emergency facility" means a hospital emergency	66107
department or any other facility that provides emergency medical	66108
services.	66109

(4) "Health care practitioner" means all of the following:

66110

(a) A dentist or dental hygienist licensed under Chapter	66111
4715. of the Revised Code;	66112

(b) A registered or licensed practical nurse licensed under	66113
Chapter 4723. of the Revised Code;	66114

(c) An optometrist licensed under Chapter 4725. of the	66115
Revised Code;	66116

(d) A dispensing optician, spectacle dispensing optician,	66117
contact lens dispensing optician, or spectacle-contact lens	66118
dispensing optician licensed under Chapter 4725. of the Revised	66119
Code;	66120

(e) A pharmacist licensed under Chapter 4729. of the Revised	66121
Code;	66122

(f) A physician;

66123

(g) A physician assistant authorized under Chapter 4730. of	66124
the Revised Code to practice as a physician assistant;	66125

(h) A practitioner of a limited branch of medicine issued a	66126
certificate under Chapter 4731. of the Revised Code;	66127

(i) A psychologist licensed under Chapter 4732. of the	66128
Revised Code;	66129

(j) A chiropractor;

66130

(k) A hearing aid dealer or fitter licensed under Chapter	66131
4747. of the Revised Code;	66132

(l) A speech-language pathologist or audiologist licensed	66133
under Chapter 4753. of the Revised Code;	66134

(m) An occupational therapist or occupational therapy	66135
assistant licensed under Chapter 4755. of the Revised Code;	66136

(n) A physical therapist or physical therapy assistant	66137
licensed under Chapter 4755. of the Revised Code;	66138

(o) A professional clinical counselor, professional	66139
counselor, social worker, or independent social worker licensed,	66140
or a social work assistant registered, under Chapter 4757. of the	66141
Revised Code;	66142

(p) A dietitian licensed under Chapter 4759. of the Revised	66143
Code;	66144

(q) A respiratory care professional licensed under Chapter	66145
4761. of the Revised Code;	66146

(r) An emergency medical technician-basic, emergency medical	66147
technician-intermediate, or emergency medical technician-paramedic	66148
certified under Chapter 4765. of the Revised Code.	66149

(5) "Health care provider" means a hospital, ambulatory care	66150
facility, long-term care facility, pharmacy, emergency facility,	66151
or health care practitioner.	66152

(6) "Hospital" has the same meaning as in section 3727.01 of	66153
the Revised Code.	66154

(7) "Long-term care facility" means a nursing home,	66155
residential care facility, or home for the aging, as those terms	66156
are defined in section 3721.01 of the Revised Code; a residential	66157
facility licensed under section ~~5119.22~~5119.34 of the Revised	66158
Code that provides accommodations, supervision, and personal care	66159
services for three to sixteen unrelated adults; a nursing facility	66160
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	66161
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	66162
~~a facility or portion of a facility certified as~~ a skilled nursing	66163
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	66164
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	66165
5165.01 of the Revised Code; and an intermediate care facility for	66166
individuals with intellectual disabilities, as defined in section	66167
5124.01 of the Revised Code.	66168

(8) "Medical record" means data in any form that pertains to	66169
a patient's medical history, diagnosis, prognosis, or medical	66170
condition and that is generated and maintained by a health care	66171
provider in the process of the patient's health care treatment.	66172

(9) "Medical records company" means a person who stores,	66173
locates, or copies medical records for a health care provider, or	66174
is compensated for doing so by a health care provider, and charges	66175
a fee for providing medical records to a patient or patient's	66176
representative.	66177

(10) "Patient" means either of the following:

66178

(a) An individual who received health care treatment from a	66179
health care provider;	66180

(b) A guardian, as defined in section 1337.11 of the Revised	66181
Code, of an individual described in division (A)(10)(a) of this	66182
section.	66183

(11) "Patient's personal representative" means a minor	66184
patient's parent or other person acting in loco parentis, a	66185
court-appointed guardian, or a person with durable power of	66186
attorney for health care for a patient, the executor or	66187
administrator of the patient's estate, or the person responsible	66188
for the patient's estate if it is not to be probated. "Patient's	66189
personal representative" does not include an insurer authorized	66190
under Title XXXIX of the Revised Code to do the business of	66191
sickness and accident insurance in this state, a health insuring	66192
corporation holding a certificate of authority under Chapter 1751.	66193
of the Revised Code, or any other person not named in this	66194
division.	66195

(12) "Pharmacy" has the same meaning as in section 4729.01 of	66196
the Revised Code.	66197

(13) "Physician" means a person authorized under Chapter	66198
4731. of the Revised Code to practice medicine and surgery,	66199
osteopathic medicine and surgery, or podiatric medicine and	66200
surgery.	66201

(14) "Authorized person" means a person to whom a patient has	66202
given written authorization to act on the patient's behalf	66203
regarding the patient's medical record.	66204

(B) A patient, a patient's personal representative or an	66205
authorized person who wishes to examine or obtain a copy of part	66206
or all of a medical record shall submit to the health care	66207
provider a written request signed by the patient, personal	66208
representative, or authorized person dated not more than one year	66209
before the date on which it is submitted. The request shall	66210
indicate whether the copy is to be sent to the requestor,	66211
physician or chiropractor, or held for the requestor at the office	66212
of the health care provider. Within a reasonable time after	66213
receiving a request that meets the requirements of this division	66214
and includes sufficient information to identify the record	66215
requested, a health care provider that has the patient's medical	66216
records shall permit the patient to examine the record during	66217
regular business hours without charge or, on request, shall	66218
provide a copy of the record in accordance with section 3701.741	66219
of the Revised Code, except that if a physician or chiropractor	66220
who has treated the patient determines for clearly stated	66221
treatment reasons that disclosure of the requested record is	66222
likely to have an adverse effect on the patient, the health care	66223
provider shall provide the record to a physician or chiropractor	66224
designated by the patient. The health care provider shall take	66225
reasonable steps to establish the identity of the person making	66226
the request to examine or obtain a copy of the patient's record.	66227

(C) If a health care provider fails to furnish a medical	66228
record as required by division (B) of this section, the patient,	66229
personal representative, or authorized person who requested the	66230
record may bring a civil action to enforce the patient's right of	66231
access to the record.	66232

(D)(1) This section does not apply to medical records whose	66233
release is covered by section 173.20 or 3721.13 of the Revised	66234
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	66235
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	66236
Records," or by 42 C.F.R. 483.10.	66237

(2) Nothing in this section is intended to supersede the	66238
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	66239
and 2305.252 of the Revised Code.	66240

Sec. 3701.741. (A) Each health care provider and medical	66241
records company shall provide copies of medical records in	66242
accordance with this section.	66243

(B) Except as provided in divisions (C) and (E) of this	66244
section, a health care provider or medical records company that	66245
receives a request for a copy of a patient's medical record shall	66246
charge not more than the amounts set forth in this section.	66247

(1) If the request is made by the patient or the patient's	66248
personal representative, total costs for copies and all services	66249
related to those copies shall not exceed the sum of the following:	66250

(a) Except as provided in division (B)(1)(b) of this section,	66251
with respect to data recorded on paper or electronically, the	66252
following amounts adjusted in accordance with section 3701.742 of	66253
the Revised Code:	66254

(i) Two dollars and seventy-four cents per page for the first	66255
ten pages;	66256

(ii) Fifty-seven cents per page for pages eleven through	66257
fifty;	66258

(iii) Twenty-three cents per page for pages fifty-one and	66259
higher;	66260

(b) With respect to data resulting from an x-ray, magnetic	66261
resonance imaging (MRI), or computed axial tomography (CAT) scan	66262
and recorded on paper or film, one dollar and eighty-seven cents	66263
per page;	66264

(c) The actual cost of any related postage incurred by the	66265
health care provider or medical records company.	66266

(2) If the request is made other than by the patient or the	66267
patient's personal representative, total costs for copies and all	66268
services related to those copies shall not exceed the sum of the	66269
following:	66270

(a) An initial fee of sixteen dollars and eighty-four cents	66271
adjusted in accordance with section 3701.742 of the Revised Code,	66272
which shall compensate for the records search;	66273

(b) Except as provided in division (B)(2)(c) of this section,	66274
with respect to data recorded on paper or electronically, the	66275
following amounts adjusted in accordance with section 3701.742 of	66276
the Revised Code:	66277

(i) One dollar and eleven cents per page for the first ten	66278
pages;	66279

(ii) Fifty-seven cents per page for pages eleven through	66280
fifty;	66281

(iii) Twenty-three cents per page for pages fifty-one and	66282
higher.	66283

(c) With respect to data resulting from an x-ray, magnetic	66284
resonance imaging (MRI), or computed axial tomography (CAT) scan	66285
and recorded on paper or film, one dollar and eighty-seven cents	66286
per page;	66287

(d) The actual cost of any related postage incurred by the	66288
health care provider or medical records company.	66289

(C)(1) On request, a health care provider or medical records	66290
company shall provide one copy of the patient's medical record and	66291
one copy of any records regarding treatment performed subsequent	66292
to the original request, not including copies of records already	66293
provided, without charge to the following:	66294

(a) The bureau of workers' compensation, in accordance with	66295
Chapters 4121. and 4123. of the Revised Code and the rules adopted	66296
under those chapters;	66297

(b) The industrial commission, in accordance with Chapters	66298
4121. and 4123. of the Revised Code and the rules adopted under	66299
those chapters;	66300

(c) The department of ~~job and family services~~medicaid or a	66301
county department of job and family services, in accordance with	66302
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	66303
and ~~5111.~~5167. of the Revised Code and the rules adopted under	66304
those chapters;	66305

(d) The attorney general, in accordance with sections 2743.51	66306
to 2743.72 of the Revised Code and any rules that may be adopted	66307
under those sections;	66308

(e) A patient, patient's personal representative, or	66309
authorized person if the medical record is necessary to support a	66310
claim under Title II or Title XVI of the "Social Security Act," 49	66311
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	66312
request is accompanied by documentation that a claim has been	66313
filed.	66314

(2) Nothing in division (C)(1) of this section requires a	66315
health care provider or medical records company to provide a copy	66316
without charge to any person or entity not listed in division	66317
(C)(1) of this section.	66318

(D) Division (C) of this section shall not be construed to	66319
supersede any rule of the bureau of workers' compensation, the	66320
industrial commission, or the department of ~~job and family~~	66321
~~services~~medicaid.	66322

(E) A health care provider or medical records company may	66323
enter into a contract with either of the following for the copying	66324
of medical records at a fee other than as provided in division (B)	66325
of this section:	66326

(1) A patient, a patient's personal representative, or an	66327
authorized person;	66328

(2) An insurer authorized under Title XXXIX of the Revised	66329
Code to do the business of sickness and accident insurance in this	66330
state or health insuring corporations holding a certificate of	66331
authority under Chapter 1751. of the Revised Code.	66332

(F) This section does not apply to medical records the	66333
copying of which is covered by section 173.20 of the Revised Code	66334
or by 42 C.F.R. 483.10.	66335

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	66336
amounts specified in division (B) of section 3701.741 of the	66337
Revised Code ~~and, not later than the first day of January of each~~	66338
~~year thereafter,~~shall be adjusted annually in accordance with	66339
this section. These amounts plus any amounts previously computed	66340
by annual adjustments made under this section, shall be increased	66341
or decreased by the average percentage of increase or decrease in	66342
the consumer price index for all urban consumers (United States	66343
city average, all items), prepared by the United States department	66344
of labor, bureau of labor statistics, for the	66345
~~twelve-calendar-month period prior to the~~ immediately preceding	66346
~~first day of January~~calendar year over the calendar year	66347
immediately preceding ~~twelve-calendar-month period~~that year, as	66348
reported by the bureau. The director of health shall make this	66349
determination and adjust the amounts accordingly. The director	66350
shall ~~provide a list of the adjusted amounts to any party upon~~	66351
~~request and the department of health shall~~ make ~~the~~a list of the	66352
adjusted amounts available to the public on ~~its~~the internet web	66353
site maintained by the department of health.	66354

Sec. 3701.78. (A) There is hereby created the commission on	66355
minority health, consisting of twenty-one members. The governor	66356
shall appoint to the commission nine members from among health	66357
researchers, health planners, and health professionals. The	66358
governor also shall appoint two members who are representatives of	66359
the lupus awareness and education program. The speaker of the	66360
house of representatives shall appoint to the commission two	66361
members of the house of representatives, not more than one of whom	66362
is a member of the same political party, and the president of the	66363
senate shall appoint to the commission two members of the senate,	66364
not more than one of whom is a member of the same political party.	66365
The following shall be members of the commission: the directors of	66366
health, ~~mental health~~mental health and addiction services,	66367
developmental disabilities, ~~alcohol and drug addiction services,~~	66368
and job and family services, or their designees,; the medicaid	66369
director, or the director's designee; and the superintendent of	66370
public instruction, or the superintendent's designee~~, shall be~~	66371
~~members of the commission~~. ~~The~~	66372

The commission shall elect a chairperson from among its	66373
members. Of	66374

Of the members appointed by the governor, five shall be	66375
appointed to initial terms of one year, and four shall be	66376
appointed to initial terms of two years. Thereafter, all members	66377
appointed by the governor shall be appointed to terms of two	66378
years. All members of the commission appointed by the speaker of	66379
the house of representatives or the president of the senate shall	66380
be nonvoting members of the commission and be appointed within	66381
thirty days after the commencement of the first regular session of	66382
each general assembly, and shall serve until the expiration of the	66383
session of the general assembly during which they were appointed.	66384
~~Members~~	66385

Members of the commission shall serve without compensation,	66386
but shall be reimbursed for the actual and necessary expenses they	66387
incur in the performance of their official duties.	66388

(B) The commission shall promote health and the prevention of	66389
disease among members of minority groups. Each year the commission	66390
shall distribute grants from available funds to community-based	66391
health groups to be used to promote health and the prevention of	66392
disease among members of minority groups. As used in this	66393
division, "minority group" means any of the following economically	66394
disadvantaged groups: Blacks, American Indians, Hispanics, and	66395
Orientals. The commission shall adopt and maintain rules pursuant	66396
to Chapter 119. of the Revised Code to provide for the	66397
distribution of these grants. No group shall qualify to receive a	66398
grant from the commission unless it receives at least twenty per	66399
cent of its funds from sources other than grants distributed under	66400
this section.	66401

(C) The commission may appoint such employees as it considers	66402
necessary to carry out its duties under this section. The	66403
department of health shall provide office space for the	66404
commission.	66405

(D) The commission shall meet at the call of its chairperson	66406
to conduct its official business. A majority of the voting members	66407
of the commission constitute a quorum. The votes of at least eight	66408
voting members of the commission are necessary for the commission	66409
to take any official action or to approve the distribution of	66410
grants under this section.	66411

Sec. 3701.83. (A) There is hereby created in the state	66412
treasury the general operations fund. Moneys in the fund shall be	66413
used for the purposes specified in sections 3701.04, 3701.344,	66414
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	66415
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	66416
3749.04, 3749.07, 4747.04, ~~4751.04,~~ and 4769.09 of the Revised	66417
Code.	66418

(B) The alcohol testing program fund is hereby created in the	66419
state treasury. The director of health shall use the fund to	66420
administer and enforce the alcohol testing and permit program	66421
authorized by section 3701.143 of the Revised Code.	66422

The fund shall receive transfers from the liquor control fund	66423
created under section 4301.12 of the Revised Code. All investment	66424
earnings of the alcohol testing program fund shall be credited to	66425
the fund.	66426

Sec. 3701.881. (A) As used in this section:

66427

(1) "Applicant" means a person who is under final	66428
consideration for employment with a home health agency in a	66429
full-time, part-time, or temporary position that involves	66430
providing direct care to an individual or is referred to a home	66431
health agency by an employment service for such a position.	66432

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	66433
~~same meaning~~means a provider as defined in section 173.39 of the	66434
Revised Code.	66435

(3) "Community-based long-term care subcontractor" means a	66436
subcontractor as defined in section 173.38 of the Revised Code.	66437

(4) "Criminal records check" has the same meaning as in	66438
section 109.572 of the Revised Code.	66439

~~(4)~~(5) "Direct care" means any of the following:

66440

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	66441
of this section that is provided in a patient's place of residence	66442
used as the patient's home;	66443

(b) Any activity that requires the person performing the	66444
activity to be routinely alone with a patient or to routinely have	66445
access to a patient's personal property or financial documents	66446
regarding a patient;	66447

(c) For each home health agency individually, any other	66448
routine service or activity that the chief administrator of the	66449
home health agency designates as direct care.	66450

~~(5)~~(6) "Disqualifying offense" means any of the offenses	66451
listed or described in divisions (A)(3)(a) to (e) of section	66452
109.572 of the Revised Code.	66453

~~(6)~~(7) "Employee" means a person employed by a home health	66454
agency in a full-time, part-time, or temporary position that	66455
involves providing direct care to an individual and a person who	66456
works in such a position due to being referred to a home health	66457
agency by an employment service.	66458

~~(7)~~(8) "Home health agency" means a person or government	66459
entity, other than a nursing home, residential care facility,	66460
hospice care program, or pediatric respite care program, that has	66461
the primary function of providing any of the following services to	66462
a patient at a place of residence used as the patient's home:	66463

(a) Skilled nursing care;

66464

(b) Physical therapy;

66465

66466

(d) Occupational therapy;

66467

(e) Medical social services;

66468

(f) Home health aide services.

66469

~~(8)~~(9) "Home health aide services" means any of the following	66470
services provided by an employee of a home health agency:	66471

(a) Hands-on bathing or assistance with a tub bath or shower;

66472

(b) Assistance with dressing, ambulation, and toileting;

66473

66474

(d) Meal preparation and feeding.

66475

~~(9)~~(10) "Hospice care program" and "pediatric respite care	66476
program" have the same meanings as in section 3712.01 of the	66477
Revised Code.	66478

~~(10)~~(11) "Medical social services" means services provided by	66479
a social worker under the direction of a patient's attending	66480
physician.	66481

~~(11)~~(12) "Minor drug possession offense" has the same meaning	66482
as in section 2925.01 of the Revised Code.	66483

~~(12)~~(13) "Nursing home," "residential care facility," and	66484
"skilled nursing care" have the same meanings as in section	66485
3721.01 of the Revised Code.	66486

~~(13)~~(14) "Occupational therapy" has the same meaning as in	66487
section 4755.04 of the Revised Code.	66488

~~(14)~~(15) "Physical therapy" has the same meaning as in	66489
section 4755.40 of the Revised Code.	66490

~~(15)~~(16) "Social worker" means a person licensed under	66491
Chapter 4757. of the Revised Code to practice as a social worker	66492
or independent social worker.	66493

~~(16)~~(17) "Speech-language pathology" has the same meaning as	66494
in section 4753.01 of the Revised Code.	66495

~~(17)~~(18) "Waiver agency" has the same meaning as in section	66496
~~5111.033~~5164.342 of the Revised Code.	66497

(B) No home health agency shall employ an applicant or	66498
continue to employ an employee in a position that involves	66499
providing direct care to an individual if any of the following	66500
apply:	66501

(1) A review of the databases listed in division (D) of this	66502
section reveals any of the following:	66503

(a) That the applicant or employee is included in one or more	66504
of the databases listed in divisions (D)(1) to (5) of this	66505
section;	66506

(b) That there is in the state nurse aide registry	66507
established under section 3721.32 of the Revised Code a statement	66508
detailing findings by the director of health that the applicant or	66509
employee neglected or abused a long-term care facility or	66510
residential care facility resident or misappropriated property of	66511
such a resident;	66512

(c) That the applicant or employee is included in one or more	66513
of the databases, if any, specified in rules adopted under this	66514
section and the rules prohibit the home health agency from	66515
employing an applicant or continuing to employ an employee	66516
included in such a database in a position that involves providing	66517
direct care to an individual.	66518

(2) After the applicant or employee is provided, pursuant to	66519
division (E)(2)(a) of this section, a copy of the form prescribed	66520
pursuant to division (C)(1) of section 109.572 of the Revised Code	66521
and the standard impression sheet prescribed pursuant to division	66522
(C)(2) of that section, the applicant or employee fails to	66523
complete the form or provide the applicant's or employee's	66524
fingerprint impressions on the standard impression sheet.	66525

(3) Except as provided in rules adopted under this section,	66526
the applicant or employee is found by a criminal records check	66527
required by this section to have been convicted of, pleaded guilty	66528
to, or been found eligible for intervention in lieu of conviction	66529
for a disqualifying offense.	66530

(C) Except as provided by division (F) of this section, the	66531
chief administrator of a home health agency shall inform each	66532
applicant of both of the following at the time of the applicant's	66533
initial application for employment or referral to the home health	66534
agency by an employment service for a position that involves	66535
providing direct care to an individual:	66536

(1) That a review of the databases listed in division (D) of	66537
this section will be conducted to determine whether the home	66538
health agency is prohibited by division (B)(1) of this section	66539
from employing the applicant in the position;	66540

(2) That, unless the database review reveals that the	66541
applicant may not be employed in the position, a criminal records	66542
check of the applicant will be conducted and the applicant is	66543
required to provide a set of the applicant's fingerprint	66544
impressions as part of the criminal records check.	66545

(D) As a condition of employing any applicant in a position	66546
that involves providing direct care to an individual, the chief	66547
administrator of a home health agency shall conduct a database	66548
review of the applicant in accordance with rules adopted under	66549
this section. If rules adopted under this section so require, the	66550
chief administrator of a home health agency shall conduct a	66551
database review of an employee in accordance with the rules as a	66552
condition of continuing to employ the employee in a position that	66553
involves providing direct care to an individual. However, the	66554
chief administrator is not required to conduct a database review	66555
of an applicant or employee if division (F) of this section	66556
applies. A database review shall determine whether the applicant	66557
or employee is included in any of the following:	66558

(1) The excluded parties list system that is maintained by	66559
the United States general services administration pursuant to	66560
subpart 9.4 of the federal acquisition regulation and available at	66561
the federal web site known as the system for award management;	66562

(2) The list of excluded individuals and entities maintained	66563
by the office of inspector general in the United States department	66564
of health and human services pursuant to ~~section 1128 of~~ the	66565
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	66566
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	66567
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	66568
~~as amended~~;	66569

(3) The registry of MR/DD employees established under section	66570
5123.52 of the Revised Code;	66571

(4) The internet-based sex offender and child-victim offender	66572
database established under division (A)(11) of section 2950.13 of	66573
the Revised Code;	66574

(5) The internet-based database of inmates established under	66575
section 5120.66 of the Revised Code;	66576

(6) The state nurse aide registry established under section	66577
3721.32 of the Revised Code;	66578

(7) Any other database, if any, specified in rules adopted	66579
under this section.	66580

(E)(1) As a condition of employing any applicant in a	66581
position that involves providing direct care to an individual, the	66582
chief administrator of a home health agency shall request the	66583
superintendent of the bureau of criminal identification and	66584
investigation to conduct a criminal records check of the	66585
applicant. If rules adopted under this section so require, the	66586
chief administrator of a home health agency shall request the	66587
superintendent to conduct a criminal records check of an employee	66588
at times specified in the rules as a condition of continuing to	66589
employ the employee in a position that involves providing direct	66590
care to an individual. However, the chief administrator is not	66591
required to request the criminal records check of the applicant or	66592
the employee if division (F) of this section applies or the home	66593
health agency is prohibited by division (B)(1) of this section	66594
from employing the applicant or continuing to employ the employee	66595
in a position that involves providing direct care to an	66596
individual. If an applicant or employee for whom a criminal	66597
records check request is required by this section does not present	66598
proof of having been a resident of this state for the five-year	66599
period immediately prior to the date upon which the criminal	66600
records check is requested or does not provide evidence that	66601
within that five-year period the superintendent has requested	66602
information about the applicant from the federal bureau of	66603
investigation in a criminal records check, the chief administrator	66604
shall request that the superintendent obtain information from the	66605
federal bureau of investigation as a part of the criminal records	66606
check. Even if an applicant or employee for whom a criminal	66607
records check request is required by this section presents proof	66608
that the applicant or employee has been a resident of this state	66609
for that five-year period, the chief administrator may request	66610
that the superintendent include information from the federal	66611
bureau of investigation in the criminal records check.	66612

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

66613

(a) Provide to each applicant and employee for whom a	66614
criminal records check request is required by this section a copy	66615
of the form prescribed pursuant to division (C)(1) of section	66616
109.572 of the Revised Code and a standard impression sheet	66617
prescribed pursuant to division (C)(2) of that section;	66618

(b) Obtain the completed form and standard impression sheet	66619
from each applicant and employee;	66620

(c) Forward the completed form and standard impression sheet	66621
to the superintendent at the time the chief administrator requests	66622
the criminal records check.	66623

(3) A home health agency shall pay to the bureau of criminal	66624
identification and investigation the fee prescribed pursuant to	66625
division (C)(3) of section 109.572 of the Revised Code for each	66626
criminal records check the agency requests under this section. A	66627
home health agency may charge an applicant a fee not exceeding the	66628
amount the agency pays to the bureau under this section if both of	66629
the following apply:	66630

(a) The home health agency notifies the applicant at the time	66631
of initial application for employment of the amount of the fee and	66632
that, unless the fee is paid, the applicant will not be considered	66633
for employment.	66634

(b) The medicaid program ~~established under Chapter 5111. of~~	66635
~~the Revised Code~~ does not reimburse the home health agency for the	66636
fee it pays to the bureau under this section.	66637

(F) Divisions (C) to (E) of this section do not apply with	66638
regard to an applicant or employee if the applicant or employee is	66639
referred to a home health agency by an employment service that	66640
supplies full-time, part-time, or temporary staff for positions	66641
that involve providing direct care to an individual and both of	66642
the following apply:	66643

(1) The chief administrator of the home health agency	66644
receives from the employment service confirmation that a review of	66645
the databases listed in division (D) of this section was conducted	66646
with regard to the applicant or employee.	66647

(2) The chief administrator of the home health agency	66648
receives from the employment service, applicant, or employee a	66649
report of the results of a criminal records check of the applicant	66650
or employee that has been conducted by the superintendent within	66651
the one-year period immediately preceding the following:	66652

(a) In the case of an applicant, the date of the applicant's	66653
referral by the employment service to the home health agency;	66654

(b) In the case of an employee, the date by which the home	66655
health agency would otherwise have to request a criminal records	66656
check of the employee under division (E) of this section.	66657

(G)(1) A home health agency may employ conditionally an	66658
applicant for whom a criminal records check request is required by	66659
this section before obtaining the results of the criminal records	66660
check if the agency is not prohibited by division (B) of this	66661
section from employing the applicant in a position that involves	66662
providing direct care to an individual and either of the following	66663
applies:	66664

(a) The chief administrator of the home health agency	66665
requests the criminal records check in accordance with division	66666
(E) of this section not later than five business days after the	66667
applicant begins conditional employment.	66668

(b) The applicant is referred to the home health agency by an	66669
employment service, the employment service or the applicant	66670
provides the chief administrator of the agency a letter that is on	66671
the letterhead of the employment service, the letter is dated and	66672
signed by a supervisor or another designated official of the	66673
employment service, and the letter states all of the following:	66674

(i) That the employment service has requested the	66675
superintendent to conduct a criminal records check regarding the	66676
applicant;	66677

(ii) That the requested criminal records check is to include	66678
a determination of whether the applicant has been convicted of,	66679
pleaded guilty to, or been found eligible for intervention in lieu	66680
of conviction for a disqualifying offense;	66681

(iii) That the employment service has not received the	66682
results of the criminal records check as of the date set forth on	66683
the letter;	66684

(iv) That the employment service promptly will send a copy of	66685
the results of the criminal records check to the chief	66686
administrator of the home health agency when the employment	66687
service receives the results.	66688

(2) If a home health agency employs an applicant	66689
conditionally pursuant to division (G)(1)(b) of this section, the	66690
employment service, on its receipt of the results of the criminal	66691
records check, promptly shall send a copy of the results to the	66692
chief administrator of the agency.	66693

(3) A home health agency that employs an applicant	66694
conditionally pursuant to division (G)(1)(a) or (b) of this	66695
section shall terminate the applicant's employment if the results	66696
of the criminal records check, other than the results of any	66697
request for information from the federal bureau of investigation,	66698
are not obtained within the period ending sixty days after the	66699
date the request for the criminal records check is made.	66700
Regardless of when the results of the criminal records check are	66701
obtained, if the results indicate that the applicant has been	66702
convicted of, pleaded guilty to, or been found eligible for	66703
intervention in lieu of conviction for a disqualifying offense,	66704
the home health agency shall terminate the applicant's employment	66705
unless circumstances specified in rules adopted under this section	66706
that permit the agency to employ the applicant exist and the	66707
agency chooses to employ the applicant. Termination of employment	66708
under this division shall be considered just cause for discharge	66709
for purposes of division (D)(2) of section 4141.29 of the Revised	66710
Code if the applicant makes any attempt to deceive the home health	66711
agency about the applicant's criminal record.	66712

(H) The report of any criminal records check conducted by the	66713
bureau of criminal identification and investigation in accordance	66714
with section 109.572 of the Revised Code and pursuant to a request	66715
made under this section is not a public record for the purposes of	66716
section 149.43 of the Revised Code and shall not be made available	66717
to any person other than the following:	66718

(1) The applicant or employee who is the subject of the	66719
criminal records check or the applicant's or employee's	66720
representative;	66721

(2) The home health agency requesting the criminal records	66722
check or its representative;	66723

(3) The administrator of any other facility, agency, or	66724
program that provides direct care to individuals that is owned or	66725
operated by the same entity that owns or operates the home health	66726
agency that requested the criminal records check;	66727

(4) The employment service that requested the criminal	66728
records check;	66729

(5) The director of health and the staff of the department of	66730
health who monitor a home health agency's compliance with this	66731
section;	66732

(6) The director of aging or the director's designee if	66733
either of the following apply:	66734

(a) In the case of a criminal records check requested by a	66735
home health agency, the home health agency also is a	66736
community-based long-term care ~~agency~~provider or community-based	66737
long-term care subcontractor;	66738

(b) In the case of a criminal records check requested by an	66739
employment service, the employment service makes the request for	66740
an applicant or employee the employment service refers to a home	66741
health agency that also is a community-based long-term care	66742
~~agency~~provider or community-based long-term care subcontractor.	66743

(7) The medicaid director ~~of job and family services~~ and the	66744
staff of the department of ~~job and family services~~medicaid who	66745
are involved in the administration of the medicaid program if	66746
either of the following apply:	66747

(a) In the case of a criminal records check requested by a	66748
home health agency, the home health agency also is a waiver	66749
agency;	66750

(b) In the case of a criminal records check requested by an	66751
employment service, the employment service makes the request for	66752
an applicant or employee the employment service refers to a home	66753
health agency that also is a waiver agency.	66754

(8) Any court, hearing officer, or other necessary individual	66755
involved in a case dealing with any of the following:	66756

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

66757

(b) Employment or unemployment benefits of the applicant or	66758
employee;	66759

(c) A civil or criminal action regarding the medicaid	66760
program.	66761

(I) In a tort or other civil action for damages that is	66762
brought as the result of an injury, death, or loss to person or	66763
property caused by an applicant or employee who a home health	66764
agency employs in a position that involves providing direct care	66765
to an individual, all of the following shall apply:	66766

(1) If the home health agency employed the applicant or	66767
employee in good faith and reasonable reliance on the report of a	66768
criminal records check requested under this section, the agency	66769
shall not be found negligent solely because of its reliance on the	66770
report, even if the information in the report is determined later	66771
to have been incomplete or inaccurate.	66772

(2) If the home health agency employed the applicant in good	66773
faith on a conditional basis pursuant to division (G) of this	66774
section, the agency shall not be found negligent solely because it	66775
employed the applicant prior to receiving the report of a criminal	66776
records check requested under this section.	66777

(3) If the home health agency in good faith employed the	66778
applicant or employee according to the personal character	66779
standards established in rules adopted under this section, the	66780
agency shall not be found negligent solely because the applicant	66781
or employee had been convicted of, pleaded guilty to, or been	66782
found eligible for intervention in lieu of conviction for a	66783
disqualifying offense.	66784

(J) The director of health shall adopt rules in accordance	66785
with Chapter 119. of the Revised Code to implement this section.	66786

(1) The rules may do the following:

66787

(a) Require employees to undergo database reviews and	66788
criminal records checks under this section;	66789

(b) If the rules require employees to undergo database	66790
reviews and criminal records checks under this section, exempt one	66791
or more classes of employees from the requirements;	66792

(c) For the purpose of division (D)(7) of this section,	66793
specify other databases that are to be checked as part of a	66794
database review conducted under this section.	66795

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

66796

(a) The procedures for conducting database reviews under this	66797
section;	66798

(b) If the rules require employees to undergo database	66799
reviews and criminal records checks under this section, the times	66800
at which the database reviews and criminal records checks are to	66801
be conducted;	66802

(c) If the rules specify other databases to be checked as	66803
part of the database reviews, the circumstances under which a home	66804
health agency is prohibited from employing an applicant or	66805
continuing to employ an employee who is found by a database review	66806
to be included in one or more of those databases;	66807

(d) Circumstances under which a home health agency may employ	66808
an applicant or employee who is found by a criminal records check	66809
required by this section to have been convicted of, pleaded guilty	66810
to, or been found eligible for intervention in lieu of conviction	66811
for a disqualifying offense but meets personal character	66812
standards.	66813

Sec. 3701.921. There is hereby established the patient	66814
centered medical home education program in the department of	66815
health. For the purpose of advancing education in the patient	66816
centered medical home model of care, the director of health may	66817
implement and administer the program pursuant to sections 3701.922	66818
to 3701.929 of the Revised Code. The patient centered medical home	66819
model of care is an enhanced model of primary care in which care	66820
teams attend to the multifaceted needs of patients, providing	66821
whole person comprehensive and coordinate patient centered care.	66822

To the extent that funds are available, the program shall	66823
include the patient centered medical home education pilot project	66824
and may include any other ~~pilot~~ projects the director establishes	66825
pursuant to division (A)(3) of section 3701.922 of the Revised	66826
Code.	66827

Sec. 3701.922. (A) The director of health may do any of the	66828
following to implement and administer the patient centered medical	66829
home education program:	66830

(1) Develop and implement programs of education or training	66831
on the patient centered medical home model of care or other	66832
similar enhanced models of coordinated patient centered care that	66833
are intended to address the multifaceted needs of patients and	66834
provide whole person comprehensive and coordinated patient	66835
centered care;	66836

(2) Advise, consult, cooperate with, and assist, by contract	66837
or other arrangement, government agencies or institutions or	66838
private organizations, corporations, or associations in the	66839
development and promotion of programs pertaining to the evaluation	66840
and implementation of the patient centered medical home model of	66841
care or other similar enhanced models of coordinated patient	66842
centered care;	66843

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

66844

~~(a) Evaluate or implement the patient centered medical home~~	66845
~~model of care or other similar enhanced models of coordinated~~	66846
~~patient centered care;~~	66847

~~(b) Provide~~provide education or training on the patient	66848
centered medical home model of care or other similar enhanced	66849
models of coordinated patient centered care.	66850

(4) Seek and administer state funds or grants from other	66851
sources to carry out any functions of the patient centered medical	66852
home education program.	66853

Any funds or grants received by the director for purposes of	66854
the program shall be used for the program.	66855

(B) The director may adopt rules as necessary to implement	66856
and administer the patient centered medical home education	66857
program, including rules that define what constitutes a "patient	66858
centered medical home" for purposes of an entity authorized to	66859
provide care coordination services. The rules shall be adopted in	66860
accordance with Chapter 119. of the Revised Code.	66861

Sec. 3701.94. There is hereby established the patient	66862
centered medical home program in the department of health. The	66863
patient centered medical home model of care is an advanced model	66864
of primary care in which care teams attend to the multifaceted	66865
needs of patients, providing whole person comprehensive and	66866
coordinated patient centered care.	66867

Sec. 3701.941. (A) As part of the patient centered medical	66868
home program established under section 3701.94 of the Revised	66869
Code, the department of health shall establish a voluntary patient	66870
centered medical home certification program.	66871

(B) Each primary care practice, that seeks a patient centered	66872
medical home certificate shall submit an application on a form	66873
prepared by the department. The department may require an	66874
application fee and annual renewal fee as determined by the	66875
department. If the department establishes a fee under this	66876
section, the fee shall be in an amount that is sufficient to cover	66877
the cost of any on-site evaluations conducted by the department or	66878
an entity under contract with the department pursuant to section	66879
3701.942 of the Revised Code.	66880

(C) A practice certified under this section shall do all of	66881
the following:	66882

(1) Meet any standards developed by national independent	66883
accrediting and medical home organizations, as determined by the	66884
department;	66885

(2) Develop a systematic follow-up procedure for patients,	66886
including the use of health information technology and patient	66887
registries;	66888

(3) Implement and maintain health information technology that	66889
meets the requirements of 42 U.S.C. 300jj;	66890

(4) Comply with the reporting requirements of section	66891
3701.942 of the Revised Code;	66892

(5) Meet any process, outcome, and quality standards	66893
specified by the department of health;	66894

(6) Meet any other requirements established by the	66895
department.	66896

(D) The department shall seek to do all of the following	66897
through the certification of patient centered medical homes:	66898

(1) Expand, enhance, and encourage the use of primary care	66899
providers, including primary care physicians, advanced practice	66900
registered nurses, and physician assistants, as personal	66901
clinicians;	66902

(2) Develop a focus on delivering high-quality, efficient,	66903
and effective health care services;	66904

(3) Encourage patient centered care and the provision of care	66905
that is appropriate for a patient's race, ethnicity, and language;	66906

(4) Encourage the education and active participation of	66907
patients and patients' families or legal guardians, as	66908
appropriate, in decision making and care plan development;	66909

(5) Provide patients with consistent, ongoing contact with a	66910
personal clinician or team of clinical professionals to ensure	66911
continuous and appropriate care;	66912

(6) Ensure that patient centered medical homes develop and	66913
maintain appropriate comprehensive care plans for patients with	66914
complex or chronic conditions, including an assessment of health	66915
risks and chronic conditions;	66916

(7) Ensure that patient centered medical homes plan for	66917
transition of care from youth to adult to senior;	66918

(8) Enable and encourage use of a range of qualified health	66919
care professionals, including dedicated care coordinators, in a	66920
manner that enables those professionals to practice to the fullest	66921
extent of their professional licenses.	66922

Sec. 3701.942. (A) Each certified patient centered medical	66923
home shall report health care quality and performance information	66924
to the department of health, including any data necessary for	66925
monitoring compliance with certification standards and for	66926
evaluating the impact of patient centered medical homes on health	66927
care quality, cost, and outcomes.	66928

(B) The department may contract with a private entity to	66929
evaluate the effectiveness of certified patient centered medical	66930
homes. The department may provide the entity with data collected	66931
under division (A) of this section.	66932

(C) The department may contract with national independent	66933
accrediting and medical home organizations to provide on-site	66934
evaluation of primary care practices and verification of data	66935
collected under division (A) of this section.	66936

(D) Data collected under this section is not a public record	66937
under section 149.43 of the Revised Code.	66938

Sec. 3701.943. (A) The department of health shall submit a	66939
report to the governor and, in accordance with section 101.68 of	66940
the Revised Code, the general assembly, evaluating the patient	66941
centered medical home program not later than three years after	66942
rules adopted pursuant to section 3701.944 of the Revised Code	66943
first become effective. The department shall submit a second	66944
report not later than five years after those rules first become	66945
effective.	66946

(B) The reports submitted under division (A) of this section	66947
shall include all of the following:	66948

(1) The number of patients receiving primary care services	66949
from certified patient centered medical homes and the number and	66950
characteristics of those patients with complex or chronic	66951
conditions. To the extent available, information regarding the	66952
income, race, ethnicity, and language of patients shall be	66953
included in the reports;	66954

(2) The number and geographic distribution of certified	66955
patient centered medical homes;	66956

(3) Performance of and quality of care measures implemented	66957
by certified patient centered medical homes;	66958

(4) Preventive care measures implemented by certified patient	66959
centered medical homes;	66960

(5) Payment arrangements of certified patient centered	66961
medical homes;	66962

(6) Costs related to implementation of the patient centered	66963
medical home program and payment of care coordination fees;	66964

(7) The estimated effect of certified patient centered	66965
medical homes on health disparities;	66966

(8) The estimated savings from establishing the patient	66967
centered medical home program, as those savings apply to the fee	66968
for service, managed care, and state-based purchasing sectors.	66969

Sec. 3701.944. The department of health shall adopt rules in	66970
accordance with Chapter 119. of the Revised Code to do all of the	66971
following:	66972

(A) Considering the goals set forth in section 3701.941 of	66973
the Revised Code, establish standards and procedures for	66974
certifying a primary care practice as a patient centered medical	66975
home;	66976

(B) Specify the types of medical practices that constitute	66977
primary care practices for the purpose of certifying patient	66978
centered medical homes;	66979

(C) Specify the health care quality and performance	66980
information that certified patient centered medical homes must	66981
report to the department pursuant to section 3701.942 of the	66982
Revised Code.	66983

Sec. 3701.95. (A) As used in this section, "direct care	66984
services" and "direct care worker" have the same meanings as in	66985
section 191.061 of the Revised Code.	66986

(B) Not later than October 1, 2014, the director of health	66987
shall establish a direct care worker certification program. The	66988
director may adopt rules in accordance with Chapter 119. of the	66989
Revised Code as necessary to implement the program. The rules may	66990
address standards, procedures, and application fees charged for	66991
certification.	66992

(C) For purposes of the program, the director shall do both	66993
of the following:	66994

(1) Specify the minimum standards that must be met by a	66995
direct care worker to attain certification, which may include	66996
standards pertaining to education, experience, and continuing	66997
education requirements, as well as standards for compliance with	66998
administrative requirements.	66999

(2) Specify a procedure for determining whether a direct care	67000
worker satisfies the standards specified under division (C)(1) of	67001
this section.	67002

Sec. 3701.96. As used in this section, "board of health"	67003
means a board of health of a city or general health district or an	67004
authority having the duties of a board of health under section	67005
3709.05 of the Revised Code.	67006

If a zoonotic disease program is administered by the	67007
department of health, the director of health may charge a board of	67008
health a fee for each service the program provides to the board.	67009
The fee amount shall be determined by the director and be	67010
commensurate with the department's cost to provide the service.	67011
The board shall pay the fee associated with a service at the time	67012
the service is provided.	67013

Sec. 3701.98. Not later than July 1, 2014, the director of	67014
health shall establish both of the following by rule adopted under	67015
Chapter 119. of the Revised Code:	67016

(A) A standardized process by which all general and city	67017
health districts shall collect and report to the director	67018
information regarding public health quality indicators.	67019

(B) A policy and procedures for the sharing of health data	67020
reported under this section with payers, providers, general and	67021
city health districts, and public health professionals.	67022

The rules shall identify the public health quality indicators	67023
that are to be a priority for general and city health districts	67024
and the information to be collected and reported regarding those	67025
indicators.	67026

Sec. 3701.99. (A) Whoever violates division (C) of section	67027
3701.23, division (C) of section 3701.232, division (C) of section	67028
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	67029
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	67030
3701.46 to 3701.55 of the Revised Code is guilty of a minor	67031
misdemeanor on a first offense; on each subsequent offense, the	67032
person is guilty of a misdemeanor of the fourth degree.	67033

(B) Whoever violates section 3701.82 of the Revised Code is	67034
guilty of a misdemeanor of the first degree.	67035

(C) Whoever violates section 3701.352 or 3701.81 of the	67036
Revised Code is guilty of a misdemeanor of the second degree.	67037

Sec. 3702.30. (A) As used in this section:

67038

(1) "Ambulatory surgical facility" means a facility, whether	67039
or not part of the same organization as a hospital, that is	67040
located in a building distinct from another in which inpatient	67041
care is provided, and to which any of the following apply:	67042

(a) Outpatient surgery is routinely performed in the	67043
facility, and the facility functions separately from a hospital's	67044
inpatient surgical service and from the offices of private	67045
physicians, podiatrists, and dentists.	67046

(b) Anesthesia is administered in the facility by an	67047
anesthesiologist or certified registered nurse anesthetist, and	67048
the facility functions separately from a hospital's inpatient	67049
surgical service and from the offices of private physicians,	67050
podiatrists, and dentists.	67051

(c) The facility applies to be certified by the United States	67052
centers for medicare and medicaid services as an ambulatory	67053
surgical center for purposes of reimbursement under Part B of the	67054
medicare program, Part B of Title XVIII of the "Social Security	67055
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	67056

(d) The facility applies to be certified by a national	67057
accrediting body approved by the centers for medicare and medicaid	67058
services for purposes of deemed compliance with the conditions for	67059
participating in the medicare program as an ambulatory surgical	67060
center.	67061

(e) The facility bills or receives from any third-party	67062
payer, governmental health care program, or other person or	67063
government entity any ambulatory surgical facility fee that is	67064
billed or paid in addition to any fee for professional services.	67065

(f) The facility is held out to any person or government	67066
entity as an ambulatory surgical facility or similar facility by	67067
means of signage, advertising, or other promotional efforts.	67068

"Ambulatory surgical facility" does not include a hospital	67069
emergency department.	67070

(2) "Ambulatory surgical facility fee" means a fee for	67071
certain overhead costs associated with providing surgical services	67072
in an outpatient setting. A fee is an ambulatory surgical facility	67073
fee only if it directly or indirectly pays for costs associated	67074
with any of the following:	67075

(a) Use of operating and recovery rooms, preparation areas,	67076
and waiting rooms and lounges for patients and relatives;	67077

(b) Administrative functions, record keeping, housekeeping,	67078
utilities, and rent;	67079

(c) Services provided by nurses, orderlies, technical	67080
personnel, and others involved in patient care related to	67081
providing surgery.	67082

"Ambulatory surgical facility fee" does not include any	67083
additional payment in excess of a professional fee that is	67084
provided to encourage physicians, podiatrists, and dentists to	67085
perform certain surgical procedures in their office or their group	67086
practice's office rather than a health care facility, if the	67087
purpose of the additional fee is to compensate for additional cost	67088
incurred in performing office-based surgery.	67089

(3) "Governmental health care program" has the same meaning	67090
as in section 4731.65 of the Revised Code.	67091

(4) "Health care facility" means any of the following:

67092

(a) An ambulatory surgical facility;

67093

(b) A freestanding dialysis center;

67094

67095

(d) A freestanding birthing center;

67096

(e) A freestanding radiation therapy center;

67097

(f) A freestanding or mobile diagnostic imaging center.

67098

(5) "Third-party payer" has the same meaning as in section	67099
3901.38 of the Revised Code.	67100

(B) By rule adopted in accordance with sections 3702.12 and	67101
3702.13 of the Revised Code, the director of health shall	67102
establish quality standards for health care facilities. The	67103
standards may incorporate accreditation standards or other quality	67104
standards established by any entity recognized by the director.	67105

In the case of an ambulatory surgical facility, the standards	67106
shall require the ambulatory surgical facility to maintain an	67107
infection control program. The purposes of the program are to	67108
minimize infections and communicable diseases and facilitate a	67109
functional and sanitary environment consistent with standards of	67110
professional practice. To achieve these purposes, ambulatory	67111
surgical facility staff managing the program shall create and	67112
administer a plan designed to prevent, identify, and manage	67113
infections and communicable diseases; ensure that the program is	67114
directed by a qualified professional trained in infection control;	67115
ensure that the program is an integral part of the ambulatory	67116
surgical facility's quality assessment and performance improvement	67117
program; and implement in an expeditious manner corrective and	67118
preventive measures that result in improvement.	67119

(C) Every ambulatory surgical facility shall require that	67120
each physician who practices at the facility comply with all	67121
relevant provisions in the Revised Code that relate to the	67122
obtaining of informed consent from a patient.	67123

(D) The director shall issue a license to each health care	67124
facility that makes application for a license and demonstrates to	67125
the director that it meets the quality standards established by	67126
the rules adopted under division (B) of this section and satisfies	67127
the informed consent compliance requirements specified in division	67128
(C) of this section.	67129

(E)(1) Except as provided in division (H) of this section and	67130
in section 3702.301 of the Revised Code, no health care facility	67131
shall operate without a license issued under this section.	67132

(2) If the department of health finds that a physician who	67133
practices at a health care facility is not complying with any	67134
provision of the Revised Code related to the obtaining of informed	67135
consent from a patient, the department shall report its finding to	67136
the state medical board, the physician, and the health care	67137
facility.	67138

(3) This division does not create, and shall not be construed	67139
as creating, a new cause of action or substantive legal right	67140
against a health care facility and in favor of a patient who	67141
allegedly sustains harm as a result of the failure of the	67142
patient's physician to obtain informed consent from the patient	67143
prior to performing a procedure on or otherwise caring for the	67144
patient in the health care facility.	67145

(F) The rules adopted under division (B) of this section	67146
shall include all of the following:	67147

(1) Provisions governing application for, renewal,	67148
suspension, and revocation of a license under this section;	67149

(2) Provisions governing orders issued pursuant to section	67150
3702.32 of the Revised Code for a health care facility to cease	67151
its operations or to prohibit certain types of services provided	67152
by a health care facility;	67153

(3) Provisions governing the imposition under section 3702.32	67154
of the Revised Code of civil penalties for violations of this	67155
section or the rules adopted under this section, including a scale	67156
for determining the amount of the penalties;	67157

(4) Provisions specifying the form inspectors must use when	67158
conducting inspections of ambulatory surgical facilities.	67159

(G) An ambulatory surgical facility that performs or induces	67160
abortions shall comply with section 3701.791 of the Revised Code.	67161

(H) The following entities are not required to obtain a	67162
license as a freestanding diagnostic imaging center issued under	67163
this section:	67164

(1) A hospital registered under section 3701.07 of the	67165
Revised Code that provides diagnostic imaging;	67166

(2) An entity that is reviewed as part of a hospital	67167
accreditation or certification program and that provides	67168
diagnostic imaging;	67169

(3) An ambulatory surgical facility that provides diagnostic	67170
imaging in conjunction with or during any portion of a surgical	67171
procedure.	67172

Sec. 3702.302. In the case of an ambulatory surgical	67173
facility not certified by the centers for medicare and medicaid	67174
services as an ambulatory surgical center, the director of health	67175
shall conduct an inspection of the facility each time the facility	67176
submits an application for license renewal. The director shall not	67177
renew the license unless all of the following conditions are met:	67178

(A) The inspector conducting the inspection completes each	67179
item on the following, as applicable:	67180

(1) Until the director adopts rules under division (F) of	67181
section 3702.30 of the Revised Code, the form approved by the	67182
director on the effective date of this section;	67183

(2) The form specified by the director pursuant to rules	67184
adopted under division (F) of section 3702.30 of the Revised Code.	67185

(B) The inspection demonstrates that the ambulatory surgical	67186
facility complies with all quality standards established by the	67187
director in rules adopted under division (B) of section 3702.30 of	67188
the Revised Code.	67189

(C) The director determines that the most recent version of	67190
the updated written transfer agreement filed in accordance with	67191
division (B) of section 3702.303 of the Revised Code is	67192
satisfactory, unless the director has granted a variance from the	67193
written transfer agreement requirement as permitted by section	67194
3702.304 of the Revised Code.	67195

Sec. 3702.303. (A) Except as provided in division (C) of this	67196
section, an ambulatory surgical facility shall have a written	67197
transfer agreement with a local hospital that specifies an	67198
effective procedure for the safe and immediate transfer of	67199
patients from the facility to the hospital when medical care	67200
beyond the care that can be provided at the ambulatory surgical	67201
facility is necessary, including when emergency situations occur	67202
or medical complications arise. A copy of the agreement shall be	67203
filed with the director of health.	67204

(B) An ambulatory surgical facility shall update a written	67205
transfer agreement every two years and file a copy of the updated	67206
agreement with the director.	67207

(C) The requirement for a written transfer agreement between	67208
an ambulatory surgical facility and a hospital does not apply if	67209
either of the following is the case:	67210

(1) The facility is a provider-based entity, as defined in 42	67211
C.F.R. 413.65(a)(2), of a hospital and the facility's policies and	67212
procedures to address situations when care beyond the care that	67213
can be provided at the ambulatory surgical facility are approved	67214
by the governing body of the facility's parent hospital and	67215
implemented;	67216

(2) The director of health has, pursuant to the procedure	67217
specified in section 3702.304 of the Revised Code, granted the	67218
facility a variance from the requirement.	67219

Sec. 3702.304. (A) The director of health may grant a	67220
variance from the written transfer agreement requirement of	67221
section 3702.303 of the Revised Code if the ambulatory surgical	67222
facility submits to the director a complete variance application,	67223
prescribed by the director, and the director determines after	67224
reviewing the application that the facility is capable of	67225
achieving the purpose of a written transfer agreement in the	67226
absence of one. The director's determination is final.	67227

(B) A variance application is complete for purposes of	67228
division (A) of this section if it contains or includes as	67229
attachments all of the following:	67230

(1) A statement explaining why application of the requirement	67231
would cause the facility undue hardship and why the variance will	67232
not jeopardize the health and safety of any patient;	67233

(2) A letter, contract, or memorandum of understanding signed	67234
by the facility and one or more consulting physicians who have	67235
admitting privileges at a minimum of one local hospital,	67236
memorializing the physician or physicians' agreement to provide	67237
back-up coverage when medical care beyond the level the facility	67238
can provide is necessary;	67239

(3) For each consulting physician described in division	67240
(B)(2) of this section:	67241

(a) A signed statement in which the physician attests that	67242
the physician is familiar with the facility and its operations,	67243
and agrees to provide notice to the facility of any changes in the	67244
physician's ability to provide back-up coverage;	67245

(b) The estimated travel time from the physician's main	67246
residence or office to each local hospital where the physician has	67247
admitting privileges;	67248

(c) Written verification that the facility has a record of	67249
the name, telephone numbers, and practice specialties of the	67250
physician;	67251

(d) Written verification from the state medical board that	67252
the physician possesses a valid certificate to practice medicine	67253
and surgery or osteopathic medicine and surgery issued under	67254
Chapter 4731. of the Revised Code;	67255

(e) Documented verification that each hospital at which the	67256
physician has admitting privileges has been informed in writing by	67257
the physician that the physician is a consulting physician for the	67258
ambulatory surgical facility and has agreed to provide back-up	67259
coverage for the facility when medical care beyond the care the	67260
facility can provide is necessary.	67261

(4) A copy of the facility's operating procedures or	67262
protocols that, at a minimum, do all of the following:	67263

(a) Address how back-up coverage by consulting physicians is	67264
to occur, including how back-up coverage is to occur when	67265
consulting physicians are temporarily unavailable;	67266

(b) Specify that each consulting physician is required to	67267
notify the facility, without delay, when the physician is unable	67268
to expeditiously admit patients to a local hospital and provide	67269
for continuity of patient care;	67270

(c) Specify that a patient's medical record maintained by the	67271
facility must be transferred contemporaneously with the patient	67272
when the patient is transferred from the facility to a hospital.	67273

(5) Any other information the director considers necessary.

67274

(C) The director's decision to grant, refuse, or rescind a	67275
variance is final.	67276

(D) The director shall consider each application for a	67277
variance independently without regard to any decision the director	67278
may have made on a prior occasion to grant or deny a variance to	67279
that ambulatory surgical facility or any other facility.	67280

Sec. 3702.305. The director of health may impose conditions	67281
on any variance the director has granted under section 3702.304 of	67282
the Revised Code. The director may, at any time, rescind the	67283
variance for any reason, including a determination by the director	67284
that the facility is failing to meet one or more of the conditions	67285
or no longer adequately protects public health and safety. The	67286
director's decision to rescind a variance is final.	67287

Sec. 3702.306. A variance the director of health grants under	67288
section 3702.304 of the Revised Code is effective for the period	67289
of time specified by the director, except that it shall not be	67290
effective beyond the date the ambulatory surgical facility's	67291
license expires. If a variance is to expire on the date the	67292
facility's license expires, the facility may submit to the	67293
director an application for a new variance with its next license	67294
renewal application.	67295

Sec. 3702.307. An ambulatory surgical facility shall notify	67296
the director of health when any of the following occurs:	67297

(A) The facility modifies any provision of its most recent	67298
written transfer agreement filed with the director under section	67299
3702.303 of the Revised Code. Notification under these	67300
circumstances shall occur not later than the business day after	67301
the modification is finalized. As used in this division, "business	67302
day" means a day of the week excluding Saturday, Sunday, and a	67303
legal holiday as defined in section 1.14 of the Revised Code.	67304

(B) The facility modifies its operating procedures or	67305
protocols described in division (B)(4) of section 3702.304 of the	67306
Revised Code. Notification under these circumstances shall occur	67307
not later than forty-eight hours after the modification is made.	67308

(C) The ambulatory surgical facility becomes aware of an	67309
event, including disciplinary action by the state medical board	67310
pursuant to section 4731.22 of the Revised Code, that may affect a	67311
consulting physician's certificate to practice medicine and	67312
surgery or osteopathic medicine and surgery or the physician's	67313
ability to admit patients to a hospital identified in a variance	67314
application, as described in division (B)(3)(e) of section	67315
3702.304 of the Revised Code. Notification under these	67316
circumstances shall occur not later than one week after the	67317
facility becomes aware of the event's occurrence.	67318

Sec. 3702.308. If any provision in sections 3702.302 to	67319
3702.307 of the Revised Code is enjoined, the injunction does not	67320
affect any remaining provision of those sections, any provision of	67321
section 3702.30 of the Revised Code, or any provision of the rules	67322
adopted under that section.	67323

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	67324
Revised Code:	67325

(A) "Applicant" means any person that submits an application	67326
for a certificate of need and who is designated in the application	67327
as the applicant.	67328

(B) "Person" means any individual, corporation, business	67329
trust, estate, firm, partnership, association, joint stock	67330
company, insurance company, government unit, or other entity.	67331

(C) "Certificate of need" means a written approval granted by	67332
the director of health to an applicant to authorize conducting a	67333
reviewable activity.	67334

(D) "Service area" means the current and projected primary	67335
and secondary service areas to which the long-term care facility	67336
is, or will be, providing long-term care services.	67337

(E) "Primary service area" means the geographic region,	67338
usually comprised of the Ohio zip code in which the long-term care	67339
facility is located and contiguous zip codes, from which	67340
approximately seventy-five to eighty per cent of the facility's	67341
residents currently originate or are expected to originate.	67342

(F) "Secondary service area" means the geographic region,	67343
usually comprised of Ohio zip codes not included in the primary	67344
service area, excluding isolated exceptions, from which the	67345
facility's remaining residents currently originate or are expected	67346
to originate.	67347

(G) "Third-party payer" means a health insuring corporation	67348
licensed under Chapter 1751. of the Revised Code, a health	67349
maintenance organization as defined in division (I) of this	67350
section, an insurance company that issues sickness and accident	67351
insurance in conformity with Chapter 3923. of the Revised Code, a	67352
state-financed health insurance program under Chapter 3701.,or	67353
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	67354
self-insurance plan.	67355

(H) "Government unit" means the state and any county,	67356
municipal corporation, township, or other political subdivision of	67357
the state, or any department, division, board, or other agency of	67358
the state or a political subdivision.	67359

(I) "Health maintenance organization" means a public or	67360
private organization organized under the law of any state that is	67361
qualified under section 1310(d) of Title XIII of the "Public	67362
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	67363

(J) "Existing long-term care facility" means either of the	67364
following:	67365

(1) A long-term care facility that is licensed or otherwise	67366
authorized to operate in this state in accordance with applicable	67367
law, including a county home or a county nursing home that is	67368
certified under Title XVIII or Title XIX of the "Social Security	67369
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	67370
and equipped to provide long-term care services, and is actively	67371
providing long-term care services;	67372

(2) A long-term care facility that is licensed or otherwise	67373
authorized to operate in this state in accordance with applicable	67374
law, including a county home or a county nursing home that is	67375
certified under Title XVIII or Title XIX of the "Social Security	67376
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	67377
beds registered under section 3701.07 of the Revised Code as	67378
skilled nursing beds or long-term care beds and has provided	67379
long-term care services for at least three hundred sixty-five	67380
consecutive days within the twenty-four months immediately	67381
preceding the date a certificate of need application is filed with	67382
the director of health.	67383

(K) "State" means the state of Ohio, including, but not	67384
limited to, the general assembly, the supreme court, the offices	67385
of all elected state officers, and all departments, boards,	67386
offices, commissions, agencies, institutions, and other	67387
instrumentalities of the state of Ohio. "State" does not include	67388
political subdivisions.	67389

(L) "Political subdivision" means a municipal corporation,	67390
township, county, school district, and all other bodies corporate	67391
and politic responsible for governmental activities only in	67392
geographic areas smaller than that of the state to which the	67393
sovereign immunity of the state attaches.	67394

(M) "Affected person" means:

67395

(1) An applicant for a certificate of need, including an	67396
applicant whose application was reviewed comparatively with the	67397
application in question;	67398

(2) The person that requested the reviewability ruling in	67399
question;	67400

(3) Any person that resides or regularly uses long-term care	67401
facilities within the service area served or to be served by the	67402
long-term care services that would be provided under the	67403
certificate of need or reviewability ruling in question;	67404

(4) Any long-term care facility that is located in the	67405
service area where the long-term care services would be provided	67406
under the certificate of need or reviewability ruling in question;	67407

(5) Third-party payers that reimburse long-term care	67408
facilities for services in the service area where the long-term	67409
care services would be provided under the certificate of need or	67410
reviewability ruling in question.	67411

(N) "Long-term care facility" means any of the following:

67412

(1) A nursing home licensed under section 3721.02 of the	67413
Revised Code or by a political subdivision certified under section	67414
3721.09 of the Revised Code;	67415

(2) The portion of any facility, including a county home or	67416
county nursing home, that is certified as a skilled nursing	67417
facility or a nursing facility under Title XVIII or XIX of the	67418
"Social Security Act";	67419

(3) The portion of any hospital that contains beds registered	67420
under section 3701.07 of the Revised Code as skilled nursing beds	67421
or long-term care beds.	67422

(O) "Long-term care bed" or "bed" means a bed that is	67423
categorized as one of the following:	67424

(1) A bed that is located in a facility that is a nursing	67425
home licensed under section 3721.02 of the Revised Code or a	67426
facility licensed by a political subdivision certified under	67427
section 3721.09 of the Revised Code and is included in the	67428
authorized maximum licensed capacity of the facility;	67429

(2) A bed that is located in the portion of any facility,	67430
including a county home or county nursing home, that is certified	67431
as a skilled nursing facility under the medicare program or a	67432
nursing facility under the medicaid program and is included in the	67433
authorized maximum certified capacity of that portion of the	67434
facility;	67435

(3) A bed that is registered under section 3701.07 of the	67436
Revised Code as a skilled nursing bed, a long-term care bed, or a	67437
special skilled nursing bed;	67438

(4) A bed in a county home or county nursing home that has	67439
been certified under section 5155.38 of the Revised Code as having	67440
been in operation on July 1, 1993, and is eligible for licensure	67441
as a nursing home bed;	67442

(5) A bed held as an approved bed under a certificate of need	67443
approved by the director.	67444

A bed cannot simultaneously be both a bed described in	67445
division (O)(1), (2), (3), or (4) of this section and a bed	67446
described in division (O)(5) of this section.	67447

(P) "Reviewability ruling" means a ruling issued by the	67448
director of health under division (A) of section 3702.52 of the	67449
Revised Code as to whether a particular proposed project is or is	67450
not a reviewable activity.	67451

(Q) "County nursing home" has the same meaning as in section	67452
5155.31 of the Revised Code.	67453

(R) "Principal participant" means both of the following:

67454

(1) A person who has an ownership or controlling interest of	67455
at least five per cent in an applicant, in a long-term care	67456
facility that is the subject of an application for a certificate	67457
of need, or in the owner or operator of the applicant or such a	67458
facility;	67459

(2) An officer, director, trustee, or general partner of an	67460
applicant, of a long-term care facility that is the subject of an	67461
application for a certificate of need, or of the owner or operator	67462
of the applicant or such a facility.	67463

(S) "Actual harm but not immediate jeopardy deficiency" means	67464
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	67465
pattern of deficiencies resulting in actual harm that is not	67466
immediate jeopardy or represents widespread deficiencies resulting	67467
in actual harm that is not immediate jeopardy.	67468

(T) "Immediate jeopardy deficiency" means a deficiency that,	67469
under 42 C.F.R. 488.404, either constitutes a pattern of	67470
deficiencies resulting in immediate jeopardy to resident health or	67471
safety or represents widespread deficiencies resulting in	67472
immediate jeopardy to resident health or safety.	67473

(U) "Existing bed" or "existing long-term care bed" means a	67474
bed from an existing long-term care facility, a bed described in	67475
division (O)(5) of this section, or a bed correctly reported as a	67476
long-term care bed pursuant to section 5155.38 of the Revised	67477
Code.	67478

Sec. 3702.521. (A) Reviews of applications for certificates	67479
of need to recategorize hospital beds to skilled nursing beds	67480
shall be conducted in accordance with this division and rules	67481
adopted by the director of health.	67482

(1) No hospital recategorizing beds shall apply for a	67483
certificate of need for more than twenty skilled nursing beds.	67484

(2) No beds for which a certificate of need is requested	67485
under this division shall be reviewed under or counted in any	67486
formula developed under rules adopted by the director for the	67487
purpose of determining the number of long-term care beds that may	67488
be needed within the state.	67489

(3) No beds shall be approved under this division unless the	67490
hospital certifies and demonstrates in the application that the	67491
beds will be dedicated to patients with a length of stay of no	67492
more than thirty days.	67493

(4) No beds shall be approved under this division unless the	67494
hospital can satisfactorily demonstrate in the application that it	67495
is routinely unable to place the patients planned for the beds in	67496
accessible skilled nursing facilities.	67497

(5) In developing rules to implement this division, the	67498
director shall give special attention to the required	67499
documentation of the need for such beds, including the efforts	67500
made by the hospital to place patients in suitable skilled nursing	67501
facilities, and special attention to the appropriate size of units	67502
with such beds given the historical pattern of the applicant	67503
hospital's documented difficulty in placing skilled nursing	67504
patients.	67505

(B) For assistance in monitoring the use of hospital beds	67506
recategorized as skilled nursing beds after August 5, 1989, the	67507
director shall adopt rules specifying appropriate quarterly	67508
procedures for reporting to the department of health.	67509

(C) A patient may stay in a hospital bed that, after August	67510
5, 1989, has been recategorized as a skilled nursing bed for more	67511
than thirty days if the hospital is able to demonstrate that it	67512
made a good faith effort to place the patient in an accessible	67513
skilled nursing facility acceptable to the patient within the	67514
thirty-day period, but was unable to do so.	67515

(D) No hospital bed recategorized after August 5, 1989, as a	67516
skilled nursing bed shall be covered by a provider agreement under	67517
the ~~medical assistance~~medicaid program ~~established under Chapter~~	67518
~~5111. of the Revised Code~~.	67519

(E) Nothing in this section requires a hospital to place a	67520
patient in any nursing home if the patient does not wish to be	67521
placed in the nursing home. Nothing in this section limits the	67522
ability of a hospital to file a certificate of need application	67523
for the addition of long-term care beds that meet the definition	67524
of "home" in section 3721.01 of the Revised Code. Nothing in this	67525
section limits the ability of the director to grant certificates	67526
of need necessary for hospitals to engage in demonstration	67527
projects authorized by the federal government for the purpose of	67528
enhancing long-term quality of care and cost containment. Nothing	67529
in this section limits the ability of hospitals to develop swing	67530
bed programs in accordance with federal regulations.	67531

No hospital that is granted a certificate of need after	67532
August 5, 1989, to recategorize hospital beds as skilled nursing	67533
beds is subject to sections 3721.01 to 3721.09 of the Revised	67534
Code. If the portion of the hospital in which the recategorized	67535
beds are located is certified as a skilled nursing facility under	67536
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	67537
U.S.C.A. 301, as amended, that portion of the hospital is subject	67538
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	67539
the Revised Code. If the beds are registered pursuant to section	67540
3701.07 of the Revised Code as long-term care beds, the beds are	67541
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	67542
Revised Code.	67543

Sec. 3702.55. A person that the director of health	67544
determines has violated section 3702.53 of the Revised Code shall	67545
cease conducting the activity that constitutes the violation or	67546
utilizing the facility resulting from the violation not later than	67547
thirty days after the person receives the notice mailed under	67548
section 3702.532 of the Revised Code or, if the person appeals the	67549
director's determination under section 3702.60 of the Revised	67550
Code, thirty days after the person receives an order upholding the	67551
director's determination that is not subject to further appeal.	67552

If any person determined to have violated section 3702.53 of	67553
the Revised Code fails to cease conducting an activity or using a	67554
facility as required by this section or if the person continues to	67555
seek payment or reimbursement for services rendered or costs	67556
incurred in conducting the activity as prohibited by section	67557
3702.56 of the Revised Code, in addition to the penalties imposed	67558
under section 3702.54 or 3702.541 of the Revised Code:	67559

(A) The director of health may refuse to include any beds	67560
involved in the activity in the bed capacity of a hospital for	67561
purposes of registration under section 3701.07 of the Revised	67562
Code;	67563

(B) The director of health may refuse to license, or may	67564
revoke a license or reduce bed capacity previously granted to, a	67565
hospice care program under section 3712.04 of the Revised Code; a	67566
nursing home, residential care facility, or home for the aging	67567
under section 3721.02 of the Revised Code; or any beds within any	67568
of those facilities that are involved in the activity;	67569

(C) A political subdivision certified under section 3721.09	67570
of the Revised Code may refuse to license, or may revoke a license	67571
or reduce bed capacity previously granted to, a nursing home,	67572
residential care facility, or home for the aging, or any beds	67573
within any of those facilities that are involved in the activity;	67574

(D) The director of ~~mental health~~mental health and addiction	67575
services may refuse to license under section ~~5119.20~~5119.33 of	67576
the Revised Code, or may revoke a license or reduce bed capacity	67577
previously granted to, a hospital receiving mentally ill persons	67578
or beds within such a hospital that are involved in the activity;	67579

(E) The department of ~~job and family services~~medicaid may	67580
refuse to enter into a provider agreement that includes a	67581
facility, beds, or services that result from the activity.	67582

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	67583
Code do not apply to any part of a long-term care facility's	67584
campus that is certified as an intermediate care facility for ~~the~~	67585
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	67586
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~individuals	67587
with intellectual disabilities, as defined in section 5124.01 of	67588
the Revised Code.	67589

Sec. 3702.74. (A) A primary care physician who has signed a	67590
letter of intent under section 3702.73 of the Revised Code and the	67591
director of health may enter into a contract for the physician's	67592
participation in the physician loan repayment program. The	67593
physician's employer or other funding source may also be a party	67594
to the contract.	67595

(B) The contract shall include all of the following	67596
obligations:	67597

(1) The primary care physician agrees to provide primary care	67598
services in the health resource shortage area identified in the	67599
letter of intent for at least two years;	67600

(2) When providing primary care services in the health	67601
resource shortage area, the primary care physician agrees to do	67602
all of the following:	67603

(a) Provide primary care services for a minimum of forty	67604
hours per week, of which at least twenty-one hours will be spent	67605
providing patient care in an outpatient or ambulatory setting;	67606

(b) Provide primary care services without regard to a	67607
patient's ability to pay;	67608

(c) Meet the ~~conditions prescribed by the "Social Security~~	67609
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	67610
~~department of job and family services~~requirements for	67611
~~participation in the~~a medicaid ~~program established under Chapter~~	67612
~~5111. of the Revised Code~~provider agreement and enter into a	67613
~~contract~~the agreement with the department of medicaid to provide	67614
primary care services to medicaid recipients ~~of the medical~~	67615
~~assistance program~~.	67616

(3) The department of health agrees, as provided in section	67617
3702.75 of the Revised Code, to repay, so long as the primary care	67618
physician performs the service obligation agreed to under division	67619
(B)(1) of this section, all or part of the principal and interest	67620
of a government or other educational loan taken by the primary	67621
care physician for expenses described in section 3702.75 of the	67622
Revised Code;	67623

(4) The primary care physician agrees to pay the department	67624
of health an amount established by rules adopted under section	67625
3702.79 of the Revised Code if the physician fails to complete the	67626
service obligation agreed to under division (B)(1) of this	67627
section.	67628

(C) The contract may include any other terms agreed upon by	67629
the parties.	67630

Sec. 3702.91. (A) An individual who has signed a letter of	67631
intent under section 3702.90 of the Revised Code may enter into a	67632
contract with the director of health for participation in the	67633
dentist loan repayment program. The dentist's employer or other	67634
funding source may also be a party to the contract.	67635

(B) The contract shall include all of the following	67636
obligations:	67637

(1) The individual agrees to provide dental services in the	67638
dental health resource shortage area identified in the letter of	67639
intent for at least two years.	67640

(2) When providing dental services in the dental health	67641
resource shortage area, the individual agrees to do all of the	67642
following:	67643

(a) Provide dental services for a minimum of forty hours per	67644
week;	67645

(b) Provide dental services without regard to a patient's	67646
ability to pay;	67647

(c) Meet the ~~conditions prescribed by the "Social Security~~	67648
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	67649
~~department of job and family services~~requirements for	67650
~~participation in the~~a medicaid ~~program established under Chapter~~	67651
~~5111. of the Revised Code~~provider agreement and enter into a	67652
~~contract~~the agreement with the department of medicaid to provide	67653
dental services to medicaid recipients.	67654

(3) The department of health agrees, as provided in section	67655
3702.85 of the Revised Code, to repay, so long as the individual	67656
performs the service obligation agreed to under division (B)(1) of	67657
this section, all or part of the principal and interest of a	67658
government or other educational loan taken by the individual for	67659
expenses described in section 3702.85 of the Revised Code.	67660

(4) The individual agrees to pay the department of health an	67661
amount established by rules adopted under section 3702.86 of the	67662
Revised Code, if the individual fails to complete the service	67663
obligation agreed to under division (B)(1) of this section.	67664

(C) The contract may include any other terms agreed upon by	67665
the parties.	67666

(D) Not later than the thirty-first day of January of each	67667
year, the department of health shall mail to each individual to	67668
whom or on whose behalf repayment is made under the dentist loan	67669
repayment program a statement showing the amount of principal and	67670
interest repaid by the department pursuant to the contract in the	67671
preceding year. The statement shall be sent by ordinary mail with	67672
address correction and forwarding requested in the manner	67673
prescribed by the United States postal service.	67674

Sec. 3704.144. (A) Gifts, grants, and contributions for the	67675
purpose of adding pollution control equipment to diesel-powered	67676
school buses and converting diesel-powered school buses to	67677
alternative fuels, including contributions that are made pursuant	67678
to the settlement of an administrative action or civil action that	67679
is brought at the request of the director of environmental	67680
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	67681
6111. of the Revised Code, shall be credited to the clean diesel	67682
school bus fund, which is hereby created in the state treasury.	67683
The director shall use money credited to the fund to make grants	67684
to school districts in the state and to county boards of	67685
developmental disabilities for the purpose of adding pollution	67686
control equipment to diesel-powered school buses and converting	67687
diesel-powered school buses to alternative fuels by means of	67688
certified engine configurations and verified technologies that are	67689
consistent with the requirements of section 793 and any	67690
regulations adopted under that section and to pay the	67691
environmental protection agency's costs incurred in administering	67692
this section. In addition, the director may use money credited to	67693
the fund to make grants to school districts and to county boards	67694
of developmental disabilities for the purpose of maintaining	67695
pollution control equipment that is installed on diesel-powered	67696
school buses ~~and to pay the additional cost incurred by a school~~	67697
~~district or a county board for using ultra-low sulfur diesel fuel~~	67698
~~instead of diesel fuel for the operation of diesel-powered school~~	67699
~~buses~~.	67700

(B) In making grants under this section, the director shall	67701
give priority to school districts and to county boards of	67702
developmental disabilities that are located in a county that is	67703
designated as nonattainment by the United States environmental	67704
protection agency for the fine particulate national ambient air	67705
quality standard under the federal Clean Air Act. In addition, the	67706
director may give a higher priority to a school district or a	67707
county board of developmental disabilities that employs additional	67708
measures that reduce air pollution from the district's or the	67709
county board's school bus fleet.	67710

(C) The director shall adopt rules establishing procedures	67711
and requirements that are necessary to implement this section,	67712
including procedures and requirements governing applications for	67713
grants.	67714

(D) As used in this section:

67715

(1) "Alternative fuel" has the same meaning as in section	67716
125.831 of the Revised Code.	67717

(2) "Certified engine configuration" and "section 793" have	67718
the same meanings as in section 122.861 of the Revised Code.	67719

(3) "Verified technology" means a pollution control	67720
technology, including retrofit technology and auxiliary power	67721
unit, that has been verified by the administrator of the United	67722
States environmental protection agency or the California air	67723
resources board.	67724

Sec. 3706.01. As used in this chapter:

67725

(A) "Governmental agency" means a department, division, or	67726
other unit of state government, a municipal corporation, county,	67727
township, and other political subdivision, or any other public	67728
corporation or agency having the power to acquire, construct, or	67729
operate air quality facilities, the United States or any agency	67730
thereof, and any agency, commission, or authority established	67731
pursuant to an interstate compact or agreement.	67732

(B) "Person" means any individual, firm, partnership,	67733
association, or corporation, or any combination thereof.	67734

(C) "Air contaminant" means particulate matter, dust, fumes,	67735
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	67736
odorous substance, or any combination thereof.	67737

(D) "Air pollution" means the presence in the ambient air of	67738
one or more air contaminants in sufficient quantity and of such	67739
characteristics and duration as to injure human health or welfare,	67740
plant or animal life, or property, or that unreasonably interferes	67741
with the comfortable enjoyment of life or property.	67742

(E) "Ambient air" means that portion of the atmosphere	67743
outside of buildings and other enclosures, stacks, or ducts that	67744
surrounds human, plant, or animal life, or property.	67745

(F) "Emission" means the release into the outdoor atmosphere	67746
of an air contaminant.	67747

(G) "Air quality facility" means any of the following:

67748

(1) Any method, modification or replacement of property,	67749
process, device, structure, or equipment that removes, reduces,	67750
prevents, contains, alters, conveys, stores, disperses, or	67751
disposes of air contaminants or substances containing air	67752
contaminants, or that renders less noxious or reduces the	67753
concentration of air contaminants in the ambient air, including,	67754
without limitation, facilities and expenditures that qualify as	67755
air pollution control facilities under section 103 (C)(4)(F) of	67756
the Internal Revenue Code of 1954, as amended, and regulations	67757
adopted thereunder;	67758

(2) Motor vehicle inspection stations operated in accordance	67759
with, and any equipment used for motor vehicle inspections	67760
conducted under, section 3704.14 of the Revised Code and rules	67761
adopted under it;	67762

(3) Ethanol or other biofuel facilities, including any	67763
equipment used at the ethanol or other biofuel facility for the	67764
production of ethanol or other biofuels;	67765

(4) Any property or portion thereof used for the collection,	67766
storage, treatment, utilization, processing, or final disposal of	67767
a by-product or solid waste resulting from any method, process,	67768
device, structure, or equipment that removes, reduces, prevents,	67769
contains, alters, conveys, stores, disperses, or disposes of air	67770
contaminants, or that renders less noxious or reduces the	67771
concentration of air contaminants in the ambient air;	67772

(5) Any property, device, or equipment that promotes the	67773
reduction of emissions of air contaminants into the ambient air	67774
through improvements in the efficiency of energy utilization or	67775
energy conservation;	67776

(6) Any coal research and development project conducted under	67777
Chapter 1555. of the Revised Code;	67778

(7) As determined by the director of the Ohio coal	67779
development office, any property or portion thereof that is used	67780
for the collection, storage, treatment, utilization, processing,	67781
or final disposal of a by-product resulting from a coal research	67782
and development project as defined in section 1555.01 of the	67783
Revised Code or from the use of clean coal technology, excluding	67784
any property or portion thereof that is used primarily for other	67785
subsequent commercial purposes;	67786

(8) Any property or portion thereof that is part of the	67787
FutureGen project of the United States department of energy or	67788
related to the siting of the FutureGen project.;	67789

(9) Any property, device, or equipment that promotes the	67790
reduction of emissions of air contaminants into the ambient air	67791
through the generation of clean, renewable energy with renewable	67792
energy resources or advanced energy resources as defined in	67793
section 3706.25 of the Revised Code.;	67794

(10) Any property, device, structure or equipment necessary	67795
for the manufacture and production of equipment described as an	67796
air quality facility under this chapter;	67797

(11) Any property, device, or equipment related to the	67798
recharging or refueling of vehicles that promotes the reduction of	67799
emissions of air contaminants into the ambient air through the use	67800
of an alternative fuel as defined in section 125.831 of the	67801
Revised Code or the use of a renewable energy resource as defined	67802
in section 3706.25 of the Revised Code.	67803

"Air quality facility" further includes any property or	67804
system to be used in whole or in part for any of the purposes in	67805
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	67806
purpose is also served, and any property or system incidental to	67807
or that has to do with, or the end purpose of which is, any of the	67808
foregoing. Air quality facilities that are defined in this	67809
division for industry, commerce, distribution, or research,	67810
including public utility companies, are hereby determined to be	67811
those that qualify as facilities for the control of air pollution	67812
and thermal pollution related to air under Section 13 of Article	67813
VIII, Ohio Constitution.	67814

(H) "Project" or "air quality project" means any air quality	67815
facility, including undivided or other interests therein, acquired	67816
or to be acquired or constructed or to be constructed by the Ohio	67817
air quality development authority under this chapter, or acquired	67818
or to be acquired or constructed or to be constructed by a	67819
governmental agency or person with all or a part of the cost	67820
thereof being paid from a loan or grant from the authority under	67821
this chapter or otherwise paid from the proceeds of air quality	67822
revenue bonds, including all buildings and facilities that the	67823
authority determines necessary for the operation of the project,	67824
together with all property, rights, easements, and interests that	67825
may be required for the operation of the project.	67826

(I) "Cost" as applied to an air quality project means the	67827
cost of acquisition and construction, the cost of acquisition of	67828
all land, rights-of-way, property rights, easements, franchise	67829
rights, and interests required for such acquisition and	67830
construction, the cost of demolishing or removing any buildings or	67831
structures on land so acquired, including the cost of acquiring	67832
any lands to which such buildings or structures may be moved, the	67833
cost of acquiring or constructing and equipping a principal office	67834
and sub-offices of the authority, the cost of diverting highways,	67835
interchange of highways, and access roads to private property,	67836
including the cost of land or easements for such access roads, the	67837
cost of public utility and common carrier relocation or	67838
duplication, the cost of all machinery, furnishings, and	67839
equipment, financing charges, interest prior to and during	67840
construction and for no more than eighteen months after completion	67841
of construction, engineering, expenses of research and development	67842
with respect to air quality facilities, the cost of any commodity	67843
contract, including fees and expenses related thereto, legal	67844
expenses, plans, specifications, surveys, studies, estimates of	67845
cost and revenues, working capital, other expenses necessary or	67846
incident to determining the feasibility or practicability of	67847
acquiring or constructing such project, administrative expense,	67848
and such other expense as may be necessary or incident to the	67849
acquisition or construction of the project, the financing of such	67850
acquisition or construction, including the amount authorized in	67851
the resolution of the authority providing for the issuance of air	67852
quality revenue bonds to be paid into any special funds from the	67853
proceeds of such bonds, and the financing of the placing of such	67854
project in operation. Any obligation, cost, or expense incurred by	67855
any governmental agency or person for surveys, borings,	67856
preparation of plans and specifications, and other engineering	67857
services, or any other cost described above, in connection with	67858
the acquisition or construction of a project may be regarded as a	67859
part of the cost of that project and may be reimbursed out of the	67860
proceeds of air quality revenue bonds as authorized by this	67861
chapter.	67862

(J) "Owner" includes an individual, copartnership,	67863
association, or corporation having any title or interest in any	67864
property, rights, easements, or interests authorized to be	67865
acquired by this chapter.	67866

(K) "Revenues" means all rentals and other charges received	67867
by the authority for the use or services of any air quality	67868
project, any gift or grant received with respect to any air	67869
quality project, any moneys received with respect to the lease,	67870
sublease, sale, including installment sale or conditional sale, or	67871
other disposition of an air quality project, moneys received in	67872
repayment of and for interest on any loans made by the authority	67873
to a person or governmental agency, whether from the United States	67874
or any department, administration, or agency thereof, or	67875
otherwise, proceeds of such bonds to the extent that use thereof	67876
for payment of principal of, premium, if any, or interest on the	67877
bonds is authorized by the authority, amounts received or	67878
otherwise derived from a commodity contract or from the sale of	67879
the related commodity under such a contract, proceeds from any	67880
insurance, condemnation, or guaranty pertaining to a project or	67881
property mortgaged to secure bonds or pertaining to the financing	67882
of the project, and income and profit from the investment of the	67883
proceeds of air quality revenue bonds or of any revenues.	67884

(L) "Public roads" includes all public highways, roads, and	67885
streets in the state, whether maintained by the state, county,	67886
city, township, or other political subdivision.	67887

(M) "Public utility facilities" includes tracks, pipes,	67888
mains, conduits, cables, wires, towers, poles, and other equipment	67889
and appliances of any public utility.	67890

(N) "Construction," unless the context indicates a different	67891
meaning or intent, includes reconstruction, enlargement,	67892
improvement, or providing furnishings or equipment.	67893

(O) "Air quality revenue bonds," unless the context indicates	67894
a different meaning or intent, includes air quality revenue notes,	67895
air quality revenue renewal notes, and air quality revenue	67896
refunding bonds, except that notes issued in anticipation of the	67897
issuance of bonds shall have a maximum maturity of five years as	67898
provided in section 3706.05 of the Revised Code and notes or	67899
renewal notes issued as the definitive obligation may be issued	67900
maturing at such time or times with a maximum maturity of forty	67901
years from the date of issuance of the original note.	67902

(P) "Solid waste" means any garbage; refuse; sludge from a	67903
waste water treatment plant, water supply treatment plant, or air	67904
pollution control facility; and other discarded material,	67905
including solid, liquid, semisolid, or contained gaseous material	67906
resulting from industrial, commercial, mining, and agricultural	67907
operations, and from community activities, but not including solid	67908
or dissolved material in domestic sewage, or solid or dissolved	67909
material in irrigation return flows or industrial discharges that	67910
are point sources subject to permits under section 402 of the	67911
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	67912
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	67913
byproduct material as defined by the "Atomic Energy Act of 1954,"	67914
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	67915

(Q) "Sludge" means any solid, semisolid, or liquid waste,	67916
other than a recyclable by-product, generated from a municipal,	67917
commercial, or industrial waste water treatment plant, water	67918
supply plant, or air pollution control facility or any other such	67919
wastes having similar characteristics and effects.	67920

(R) "Ethanol or other biofuel facility" means a plant at	67921
which ethanol or other biofuel is produced.	67922

(S) "Ethanol" means fermentation ethyl alcohol derived from	67923
agricultural products, including potatoes, cereal, grains, cheese	67924
whey, and sugar beets; forest products; or other renewable or	67925
biomass resources, including residue and waste generated from the	67926
production, processing, and marketing of agricultural products,	67927
forest products, and other renewable or biomass resources, that	67928
meets all of the specifications in the American society for	67929
testing and materials (ASTM) specification D 4806-88 and is	67930
denatured as specified in Parts 20 and 21 of Title 27 of the Code	67931
of Federal Regulations.	67932

(T) "Biofuel" means any fuel that is made from cellulosic	67933
biomass resources, including renewable organic matter, crop waste	67934
residue, wood, aquatic plants and other crops, animal waste, solid	67935
waste, or sludge, and that is used for the production of energy	67936
for transportation or other purposes.	67937

(U) "FutureGen project" means the buildings, equipment, and	67938
real property and functionally related buildings, equipment, and	67939
real property, including related research projects that support	67940
the development and operation of the buildings, equipment, and	67941
real property, designated by the United States department of	67942
energy and the FutureGen industrial alliance, inc., as the	67943
coal-fueled, zero-emissions power plant designed to prove the	67944
technical and economic feasibility of producing electricity and	67945
hydrogen from coal and nearly eliminating carbon dioxide emissions	67946
through capture and permanent storage.	67947

(V) "Commodity contract" means a contract or series of	67948
contracts entered into in connection with the acquisition or	67949
construction of air quality facilities for the purchase or sale of	67950
a commodity that is eligible for prepayment with the proceeds of	67951
federally tax exempt bonds under sections 103, 141, and 148 of the	67952
Internal Revenue Code of 1986, as amended, and regulations adopted	67953
under it.	67954

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

67955

"Physician" means a person authorized under Chapter 4731. of	67956
the Revised Code to practice medicine and surgery or osteopathic	67957
medicine and surgery.	67958

"Chiropractor" means a person licensed under Chapter 4734. of	67959
the Revised Code to practice chiropractic.	67960

(B) A youth sports organization shall provide to the parent,	67961
guardian, or other person having care or charge of an individual	67962
who wishes to practice for or compete in an athletic activity	67963
organized by a youth sports organization the concussion and head	67964
injury information sheet required by section 3707.52 of the	67965
Revised Code. The organization shall provide the information sheet	67966
annually for each sport or other category of athletic activity for	67967
or in which the individual practices or competes.	67968

(C)(1) No individual shall act as a coach or referee for a	67969
youth sports organization unless the individual holds a	67970
pupil-activity program permit issued under section 3319.303 of the	67971
Revised Code for coaching interscholastic athletics or presents	67972
evidence that the individual has successfully completed, within	67973
the previous three years, a training program in recognizing the	67974
symptoms of concussions and head injuries to which the department	67975
of health has provided a link on its internet web site under	67976
section 3707.52 of the Revised Code.	67977

(2) The youth sports organization for which the individual	67978
intends to act as a coach or referee shall inform the individual	67979
of the requirement described in division (C)(1) of this section.	67980

(D) If an individual practicing for or competing in an	67981
athletic event organized by a youth sports organization exhibits	67982
signs, symptoms, or behaviors consistent with having sustained a	67983
concussion or head injury while participating in the practice or	67984
competition, the individual shall be removed from the practice or	67985
competition by one of the following:	67986

(1) The individual who is serving as the individual's coach	67987
during that practice or competition;	67988

(2) An individual who is serving as a referee during that	67989
practice or competition;	67990

(3) An official of the youth sports organization who is	67991
supervising that practice or competition.	67992

(E)(1) If an individual is removed from practice or	67993
competition under division (D) of this section, the coach,	67994
referee, or official who removed the individual shall not allow	67995
the individual, on the same day the individual is removed, to	67996
return to that practice or competition or to participate in any	67997
other practice or competition for which the coach, referee, or	67998
official is responsible. Thereafter, the coach, referee, or	67999
official shall not allow the student to return to that practice or	68000
competition or to participate in any other practice or competition	68001
for which the coach, referee, or official is responsible until	68002
both of the following conditions are satisfied:	68003

(a) The individual's condition is assessed by ~~either~~any of	68004
the following:	68005

(i) A physician;

68006

(ii) A chiropractor;

68007

(iii) Any other licensed health care provider the youth	68008
sports organization, pursuant to division (E)(2) of this section,	68009
authorizes to assess an individual who has been removed from	68010
practice or competition under division (D) of this section.	68011

(b) The individual receives written clearance that it is safe	68012
for the individual to return to practice or competition from a	68013
physician, chiropractor, or ~~from~~ another licensed health care	68014
provider authorized pursuant to division (E)(2) of this section to	68015
grant the clearance.	68016

(2) A youth sports organization may authorize a licensed	68017
health care provider who is not a physician or a chiropractor to	68018
make an assessment or grant a clearance for purposes of division	68019
(E)(1) of this section only if the provider is acting in	68020
accordance with one of the following, as applicable to the	68021
provider's authority to practice in this state:	68022

(a) In consultation with a physician;

68023

(b) Pursuant to the referral of a physician;

68024

68025

(d) Under the supervision of a physician.

68026

(3) A physician, chiropractor, or other licensed health care	68027
provider who makes an assessment or grants a clearance for	68028
purposes of division (E)(1) of this section may be a volunteer.	68029

(F)(1) A youth sports organization or official, employee, or	68030
volunteer of a youth sports organization, including a coach or	68031
referee, is not liable in damages in a civil action for injury,	68032
death, or loss to person or property allegedly arising from	68033
providing services or performing duties under this section, unless	68034
the act or omission constitutes willful or wanton misconduct.	68035

(2) This section does not eliminate, limit, or reduce any	68036
other immunity or defense that a public entity, public official,	68037
or public employee may be entitled to under Chapter 2744. or any	68038
other provision of the Revised Code or under the common law of	68039
this state.	68040

Sec. 3709.01. The state shall be divided into health	68041
districts. Each city constitutes a health district and shall be	68042
known as a "city health district."	68043

The townships and villages in each county shall be combined	68044
into a health district and shall be known as a "general health	68045
district."	68046

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	68047
3709.10 of the Revised Code, there may be a union of two or more	68048
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	68049
of two or more ~~contiguous~~ city health districts to form a single	68050
city health district, or a union of a general health district and	68051
one or more city health districts located within or partially	68052
within such general health district.	68053

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	68054
may be united to form a single city health district by a majority	68055
affirmative vote of the legislative authority of each city	68056
affected by the union.	68057

If at least three per cent of the qualified electors residing	68058
within each of two or more ~~contiguous~~ city health districts sign a	68059
petition proposing a union into a single city health district, an	68060
election shall be held as provided in this section to determine	68061
whether a single city health district shall be formed. The	68062
petition for union may specify regarding the board of health of	68063
the new district:	68064

(A) The qualifications for membership;

68065

(B) The term of office;

68066

(C) The number of members or a method by which the number may	68067
be determined from time to time;	68068

(D) The method of appointment.

68069

Such petition shall be filed with the boards of county	68070
commissioners of the respective counties affected, subject to	68071
approval of the director of health, and such boards shall promptly	68072
certify the text of the proposal to the boards of election for the	68073
purpose of having the proposal placed on the ballot at the next	68074
general election occurring more than ninety days after such	68075
certification. The election procedures provided in Chapter 3505.	68076
of the Revised Code for questions and issues shall apply to the	68077
election. If a majority of the electors voting on the proposal in	68078
each of the health districts affected vote in favor thereof, the	68079
union of such districts into a single city health district shall	68080
be established on the second succeeding first day of January.	68081

Sec. 3709.10. When it is proposed that two or more	68082
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	68083
the formation of one general health district, the district	68084
advisory council of each general health district shall meet and	68085
vote on the question of union. An affirmative majority vote of the	68086
district advisory council shall be required for approval. When the	68087
district advisory councils have voted affirmatively on the	68088
question, they shall meet in joint session and shall elect a board	68089
of health for the combined districts. Each original general health	68090
district shall be entitled to at least one member on the board of	68091
health of the combined districts.	68092

When such union is completed, ~~such~~the district shall	68093
constitute a general health district and shall be governed in the	68094
manner provided for general health districts. When two or more	68095
general health districts unite to form one district, the office of	68096
the board of health shall be located at the county seat of the	68097
county selected by the joint board of district advisory councils.	68098

When two or more general health districts have been combined	68099
into a single district, the county auditor of the county selected	68100
by the joint board of district advisory councils as the location	68101
of the central office of the board of health shall be the auditor	68102
of such district and the county treasurer of such county shall be	68103
the custodian of the health funds of such district. When the	68104
budget of such combined general health district is a matter for	68105
consideration, the members of the budget commissions of the	68106
counties constituting the district shall sit as a joint board for	68107
considering and acting on such budget.	68108

Sec. 3712.051. (A) As used in this division, "person" does	68109
not include a member of an interdisciplinary team, as defined in	68110
section 3712.01 of the Revised Code, or any individual who is	68111
employed by a person or public agency licensed under section	68112
3712.041 of the Revised Code.	68113

Except as provided in division (B) of this section, no person	68114
or public agency, other than a person or public agency licensed	68115
pursuant to section 3712.041 of the Revised Code, shall hold	68116
itself out as providing a pediatric respite care program, or	68117
provide a pediatric respite care program, or use the term	68118
"pediatric respite care program" or any term containing "pediatric	68119
respite care" to describe or refer to a health program, facility,	68120
or agency.	68121

(B) Division (A) of this section does not apply to any of the	68122
following:	68123

(1) A hospital;

68124

(2) A nursing home or residential care facility, as those	68125
terms are defined in section 3721.01 of the Revised Code;	68126

(3) A home health agency, if it provides services under	68127
contract with a person or public agency providing a pediatric	68128
respite care program licensed under section 3712.041 of the	68129
Revised Code;	68130

(4) A regional, state, or national nonprofit organization	68131
whose members are providers of pediatric respite care programs,	68132
individuals interested in pediatric respite care programs, or	68133
both, as long as the organization does not provide or represent	68134
that it provides pediatric respite care programs;	68135

(5) A person or government entity certified under section	68136
5123.161 of the Revised Code as a supported living provider;	68137

(6) A residential facility licensed under section 5123.19 of	68138
the Revised Code;	68139

(7) A respite care home certified under section 5126.05 of	68140
the Revised Code;	68141

(8) A person providing respite care under a family support	68142
services program established under section 5126.11 of the Revised	68143
Code;	68144

(9) A person or government entity providing respite care	68145
under a medicaid waiver component that the department of	68146
developmental disabilities administers pursuant to section	68147
~~5111.871~~5166.21 of the Revised Code.	68148

(C) The department of health shall petition the court of	68149
common pleas of any county in which a person or public agency,	68150
without a license granted under section 3712.041 of the Revised	68151
Code, is holding itself out as providing a pediatric respite care	68152
program, is providing a pediatric respite care program, or is	68153
representing a health program, facility, or agency as a pediatric	68154
respite care program, for an order enjoining that person or public	68155
agency from conducting those activities without a license. The	68156
court has jurisdiction to grant injunctive relief upon a showing	68157
that the respondent named in the petition is conducting those	68158
activities without a license.	68159

Any person or public agency may request the department to	68160
petition the court for injunctive relief under this division, and	68161
the department shall do so if it determines that the person or	68162
public agency named in the request is violating division (A) of	68163
this section.	68164

Sec. 3712.07. (A) As used in this section, "terminal care	68165
facility for the homeless" means a facility that provides	68166
accommodations to homeless individuals who are terminally ill.	68167

(B) A person or public agency licensed under this chapter to	68168
provide a hospice care program may enter into an agreement with a	68169
terminal care facility for the homeless under which hospice care	68170
program services may be provided to individuals residing at the	68171
facility, if all of the following apply:	68172

(1) Each resident of the facility has been diagnosed by a	68173
physician as having a terminal condition and an anticipated life	68174
expectancy of six months or less;	68175

(2) No resident of the facility has a relative or other	68176
person willing or capable of providing the care necessary to cope	68177
with ~~his~~the resident's terminal illness or is financially capable	68178
of hiring a person to provide such care;	68179

(3) Each resident of the facility is under the direct care of	68180
a physician;	68181

(4) No resident of the facility requires the staff of the	68182
facility to administer medication by injection;	68183

(5) The facility does not receive any remuneration, directly	68184
or indirectly, from the residents;	68185

(6) The facility does not receive any remuneration, directly	68186
or indirectly, from the ~~medical assistance~~medicaid program	68187
~~established under section 5111.01 of the Revised Code~~ or the	68188
medicare program ~~established under Title XVIII of the "Social~~	68189
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	68190

(7) The facility meets all applicable state and federal	68191
health and safety standards, including standards for fire	68192
prevention, maintenance of safe and sanitary conditions, and	68193
proper preparation and storage of foods.	68194

(C) Hospice care program services may be provided at a	68195
terminal care facility for the homeless only by the personnel of	68196
the person or public agency that has entered into an agreement	68197
with the facility under this section.	68198

(D) A terminal care facility for the homeless that has	68199
entered into an agreement under this section may assist its	68200
residents with the self-administration of medication if the	68201
medication has been prescribed by a physician and is not	68202
administered by injection. In the event that a resident has	68203
entered the final stages of dying and is no longer mentally alert,	68204
the facility may administer medication to that resident if the	68205
medication has been prescribed by a physician and is not	68206
administered by injection. Determinations of whether an individual	68207
has entered the final stages of dying and is no longer mentally	68208
alert shall be based on directions from the personnel who provide	68209
hospice care program services at the facility.	68210

Sec. 3712.09. (A) As used in this section:

68211

(1) "Applicant" means a person who is under final	68212
consideration for employment with a hospice care program or	68213
pediatric respite care program in a full-time, part-time, or	68214
temporary position that involves providing direct care to an older	68215
adult or pediatric respite care patient. "Applicant" does not	68216
include a person who provides direct care as a volunteer without	68217
receiving or expecting to receive any form of remuneration other	68218
than reimbursement for actual expenses.	68219

(2) "Criminal records check" has the same meaning as in	68220
section 109.572 of the Revised Code.	68221

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

68222

(B)(1) Except as provided in division (I) of this section,	68223
the chief administrator of a hospice care program or pediatric	68224
respite care program shall request that the superintendent of the	68225
bureau of criminal identification and investigation conduct a	68226
criminal records check of each applicant. If an applicant for whom	68227
a criminal records check request is required under this division	68228
does not present proof of having been a resident of this state for	68229
the five-year period immediately prior to the date the criminal	68230
records check is requested or provide evidence that within that	68231
five-year period the superintendent has requested information	68232
about the applicant from the federal bureau of investigation in a	68233
criminal records check, the chief administrator shall request that	68234
the superintendent obtain information from the federal bureau of	68235
investigation as part of the criminal records check of the	68236
applicant. Even if an applicant for whom a criminal records check	68237
request is required under this division presents proof of having	68238
been a resident of this state for the five-year period, the chief	68239
administrator may request that the superintendent include	68240
information from the federal bureau of investigation in the	68241
criminal records check.	68242

(2) A person required by division (B)(1) of this section to	68243
request a criminal records check shall do both of the following:	68244

(a) Provide to each applicant for whom a criminal records	68245
check request is required under that division a copy of the form	68246
prescribed pursuant to division (C)(1) of section 109.572 of the	68247
Revised Code and a standard fingerprint impression sheet	68248
prescribed pursuant to division (C)(2) of that section, and obtain	68249
the completed form and impression sheet from the applicant;	68250

(b) Forward the completed form and impression sheet to the	68251
superintendent of the bureau of criminal identification and	68252
investigation.	68253

(3) An applicant provided the form and fingerprint impression	68254
sheet under division (B)(2)(a) of this section who fails to	68255
complete the form or provide fingerprint impressions shall not be	68256
employed in any position for which a criminal records check is	68257
required by this section.	68258

(C)(1) Except as provided in rules adopted by the director of	68259
health in accordance with division (F) of this section and subject	68260
to division (C)(2) of this section, no hospice care program or	68261
pediatric respite care program shall employ a person in a position	68262
that involves providing direct care to an older adult or pediatric	68263
respite care patient if the person has been convicted of or	68264
pleaded guilty to any of the following:	68265

(a) A violation of section 2903.01, 2903.02, 2903.03,	68266
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	68267
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	68268
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	68269
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	68270
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	68271
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	68272
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	68273
2925.22, 2925.23, or 3716.11 of the Revised Code.	68274

(b) A violation of an existing or former law of this state,	68275
any other state, or the United States that is substantially	68276
equivalent to any of the offenses listed in division (C)(1)(a) of	68277
this section.	68278

(2)(a) A hospice care program or pediatric respite care	68279
program may employ conditionally an applicant for whom a criminal	68280
records check request is required under division (B) of this	68281
section prior to obtaining the results of a criminal records check	68282
regarding the individual, provided that the program shall request	68283
a criminal records check regarding the individual in accordance	68284
with division (B)(1) of this section not later than five business	68285
days after the individual begins conditional employment. In the	68286
circumstances described in division (I)(2) of this section, a	68287
hospice care program or pediatric respite care program may employ	68288
conditionally an applicant who has been referred to the hospice	68289
care program or pediatric respite care program by an employment	68290
service that supplies full-time, part-time, or temporary staff for	68291
positions involving the direct care of older adults or pediatric	68292
respite care patients and for whom, pursuant to that division, a	68293
criminal records check is not required under division (B) of this	68294
section.	68295

(b) A hospice care program or pediatric respite care program	68296
that employs an individual conditionally under authority of	68297
division (C)(2)(a) of this section shall terminate the	68298
individual's employment if the results of the criminal records	68299
check requested under division (B) of this section or described in	68300
division (I)(2) of this section, other than the results of any	68301
request for information from the federal bureau of investigation,	68302
are not obtained within the period ending thirty days after the	68303
date the request is made. Regardless of when the results of the	68304
criminal records check are obtained, if the results indicate that	68305
the individual has been convicted of or pleaded guilty to any of	68306
the offenses listed or described in division (C)(1) of this	68307
section, the program shall terminate the individual's employment	68308
unless the program chooses to employ the individual pursuant to	68309
division (F) of this section. Termination of employment under this	68310
division shall be considered just cause for discharge for purposes	68311
of division (D)(2) of section 4141.29 of the Revised Code if the	68312
individual makes any attempt to deceive the program about the	68313
individual's criminal record.	68314

(D)(1) Each hospice care program or pediatric respite care	68315
program shall pay to the bureau of criminal identification and	68316
investigation the fee prescribed pursuant to division (C)(3) of	68317
section 109.572 of the Revised Code for each criminal records	68318
check conducted pursuant to a request made under division (B) of	68319
this section.	68320

(2) A hospice care program or pediatric respite care program	68321
may charge an applicant a fee not exceeding the amount the program	68322
pays under division (D)(1) of this section. A program may collect	68323
a fee only if both of the following apply:	68324

(a) The program notifies the person at the time of initial	68325
application for employment of the amount of the fee and that,	68326
unless the fee is paid, the person will not be considered for	68327
employment;	68328

(b) The ~~medical assistance~~medicaid program ~~established under~~	68329
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	68330
the fee it pays under division (D)(1) of this section.	68331

(E) The report of a criminal records check conducted pursuant	68332
to a request made under this section is not a public record for	68333
the purposes of section 149.43 of the Revised Code and shall not	68334
be made available to any person other than the following:	68335

(1) The individual who is the subject of the criminal records	68336
check or the individual's representative;	68337

(2) The chief administrator of the program requesting the	68338
criminal records check or the administrator's representative;	68339

(3) The administrator of any other facility, agency, or	68340
program that provides direct care to older adults or pediatric	68341
respite care patients that is owned or operated by the same entity	68342
that owns or operates the hospice care program or pediatric	68343
respite care program;	68344

(4) A court, hearing officer, or other necessary individual	68345
involved in a case dealing with a denial of employment of the	68346
applicant or dealing with employment or unemployment benefits of	68347
the applicant;	68348

(5) Any person to whom the report is provided pursuant to,	68349
and in accordance with, division (I)(1) or (2) of this section.	68350

(F) The director of health shall adopt rules in accordance	68351
with Chapter 119. of the Revised Code to implement this section.	68352
The rules shall specify circumstances under which a hospice care	68353
program or pediatric respite care program may employ a person who	68354
has been convicted of or pleaded guilty to an offense listed or	68355
described in division (C)(1) of this section but meets personal	68356
character standards set by the director.	68357

(G) The chief administrator of a hospice care program or	68358
pediatric respite care program shall inform each individual, at	68359
the time of initial application for a position that involves	68360
providing direct care to an older adult or pediatric respite care	68361
patient, that the individual is required to provide a set of	68362
fingerprint impressions and that a criminal records check is	68363
required to be conducted if the individual comes under final	68364
consideration for employment.	68365

(H) In a tort or other civil action for damages that is	68366
brought as the result of an injury, death, or loss to person or	68367
property caused by an individual who a hospice care program or	68368
pediatric respite care program employs in a position that involves	68369
providing direct care to older adults or pediatric respite care	68370
patients, all of the following shall apply:	68371

(1) If the program employed the individual in good faith and	68372
reasonable reliance on the report of a criminal records check	68373
requested under this section, the program shall not be found	68374
negligent solely because of its reliance on the report, even if	68375
the information in the report is determined later to have been	68376
incomplete or inaccurate;	68377

(2) If the program employed the individual in good faith on a	68378
conditional basis pursuant to division (C)(2) of this section, the	68379
program shall not be found negligent solely because it employed	68380
the individual prior to receiving the report of a criminal records	68381
check requested under this section;	68382

(3) If the program in good faith employed the individual	68383
according to the personal character standards established in rules	68384
adopted under division (F) of this section, the program shall not	68385
be found negligent solely because the individual prior to being	68386
employed had been convicted of or pleaded guilty to an offense	68387
listed or described in division (C)(1) of this section.	68388

(I)(1) The chief administrator of a hospice care program or	68389
pediatric respite care program is not required to request that the	68390
superintendent of the bureau of criminal identification and	68391
investigation conduct a criminal records check of an applicant if	68392
the applicant has been referred to the program by an employment	68393
service that supplies full-time, part-time, or temporary staff for	68394
positions involving the direct care of older adults or pediatric	68395
respite care patients and both of the following apply:	68396

(a) The chief administrator receives from the employment	68397
service or the applicant a report of the results of a criminal	68398
records check regarding the applicant that has been conducted by	68399
the superintendent within the one-year period immediately	68400
preceding the applicant's referral;	68401

(b) The report of the criminal records check demonstrates	68402
that the person has not been convicted of or pleaded guilty to an	68403
offense listed or described in division (C)(1) of this section, or	68404
the report demonstrates that the person has been convicted of or	68405
pleaded guilty to one or more of those offenses, but the hospice	68406
care program or pediatric respite care program chooses to employ	68407
the individual pursuant to division (F) of this section.	68408

(2) The chief administrator of a hospice care program or	68409
pediatric respite care program is not required to request that the	68410
superintendent of the bureau of criminal identification and	68411
investigation conduct a criminal records check of an applicant and	68412
may employ the applicant conditionally as described in this	68413
division, if the applicant has been referred to the program by an	68414
employment service that supplies full-time, part-time, or	68415
temporary staff for positions involving the direct care of older	68416
adults or pediatric respite care patients and if the chief	68417
administrator receives from the employment service or the	68418
applicant a letter from the employment service that is on the	68419
letterhead of the employment service, dated, and signed by a	68420
supervisor or another designated official of the employment	68421
service and that states that the employment service has requested	68422
the superintendent to conduct a criminal records check regarding	68423
the applicant, that the requested criminal records check will	68424
include a determination of whether the applicant has been	68425
convicted of or pleaded guilty to any offense listed or described	68426
in division (C)(1) of this section, that, as of the date set forth	68427
on the letter, the employment service had not received the results	68428
of the criminal records check, and that, when the employment	68429
service receives the results of the criminal records check, it	68430
promptly will send a copy of the results to the hospice care	68431
program or pediatric respite care program. If a hospice care	68432
program or pediatric respite care program employs an applicant	68433
conditionally in accordance with this division, the employment	68434
service, upon its receipt of the results of the criminal records	68435
check, promptly shall send a copy of the results to the hospice	68436
care program or pediatric respite care program, and division	68437
(C)(2)(b) of this section applies regarding the conditional	68438
employment.	68439

Sec. 3713.06. (A) Any person required to register under	68440
division (A) of section 3713.02 of the Revised Code who imports	68441
bedding or stuffed toys into this state for retail sale or use in	68442
this state and any person required to register under division (A)	68443
of section 3713.02 of the Revised Code who manufactures bedding or	68444
stuffed toys in this state for retail sale or use in this state	68445
shall submit a report to the superintendent of industrial	68446
compliance, in a form and manner prescribed by the superintendent.	68447
The form shall be submitted once ~~every six months~~per year and	68448
shall show the total number of items of bedding or stuffed toys	68449
imported into this state or manufactured in this state. Each	68450
report shall be accompanied by a fee of four cents for each item	68451
of bedding or stuffed toy imported into this state or manufactured	68452
in this state.	68453

(B) Every importer, manufacturer, or wholesaler of stuffed	68454
toys or articles of bedding, and every mobile home and	68455
recreational vehicle dealer, conversion van dealer, secondhand	68456
dealer, and auction house shall retain records, designated by the	68457
superintendent in rule, for the time period established in rule.	68458

(C) Every importer, manufacturer, or wholesaler of stuffed	68459
toys or articles of bedding, and every mobile home and	68460
recreational vehicle dealer, conversion van dealer, secondhand	68461
dealer, and auction house shall make sufficient investigation of	68462
its records to ensure that the information reported to the	68463
superintendent under division (A) of this section is accurate.	68464

Sec. 3714.03. (A) As used in this section:

68465

(1) "Aquifer system" means one or more geologic units or	68466
formations that are wholly or partially saturated with water and	68467
are capable of storing, transmitting, and yielding significant	68468
amounts of water to wells or springs.	68469

(2) "Category 3 wetland" means a wetland that supports	68470
superior habitat or hydrological or recreational functions as	68471
determined by an appropriate wetland evaluation methodology	68472
acceptable to the director of environmental protection. "Category	68473
3 wetland" includes a wetland with high levels of diversity, a	68474
high proportion of native species, and high functional values and	68475
includes, but is not limited to, a wetland that contains or	68476
provides habitat for threatened or endangered species. "Category 3	68477
wetland" may include high quality forested wetlands, including old	68478
growth forested wetlands, mature forested riparian wetlands,	68479
vernal pools, bogs, fens, and wetlands that are scarce regionally.	68480

(3) "Natural area" means either of the following:

68481

(a) An area designated by the director of natural resources	68482
as a wild, scenic, or recreational river under section 1547.81 of	68483
the Revised Code;	68484

(b) An area designated by the United States department of the	68485
interior as a national wild, scenic, or recreational river.	68486

(4) "Occupied dwelling" means a residential dwelling and also	68487
includes a place of worship as defined in section 5104.01 of the	68488
Revised Code, a child day-care center as defined in that section,	68489
a hospital as defined in section 3727.01 of the Revised Code, a	68490
nursing home as defined in that section, a school, and a	68491
restaurant or other eating establishment. "Occupied dwelling" does	68492
not include a dwelling owned or controlled by the owner or	68493
operator of a construction and demolition debris facility to which	68494
the siting criteria established under this section are being	68495
applied.	68496

(5) "Residential dwelling" means a building used or intended	68497
to be used in whole or in part as a personal residence by the	68498
owner, part-time owner, or lessee of the building or any person	68499
authorized by the owner, part-time owner, or lessee to use the	68500
building as a personal residence.	68501

(B) Neither the director of environmental protection nor any	68502
board of health shall issue a permit to install under section	68503
3714.051 of the Revised Code to establish a new construction and	68504
demolition debris facility when any portion of the facility is	68505
proposed to be located in either of the following locations:	68506

(1) Within the boundaries of a one-hundred-year flood plain,	68507
as those boundaries are shown on the applicable maps prepared	68508
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	68509
U.S.C.A. 4001, as amended, unless the owner or operator has	68510
obtained an exemption from division (B)(1) of this section in	68511
accordance with section 3714.04 of the Revised Code. If no such	68512
maps have been prepared, the boundaries of a one-hundred-year	68513
flood plain shall be determined by the applicant for a permit	68514
based upon standard methodologies set forth in "urban hydrology	68515
for small watersheds" (soil conservation service technical release	68516
number 55) and section 4 of the "national engineering hydrology	68517
handbook" of the soil conservation service of the United States	68518
department of agriculture.	68519

(2) Within the boundaries of a sole source aquifer designated	68520
by the administrator of the United States environmental protection	68521
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),	68522
42 U.S.C.A. 300f, as amended.	68523

(C) Neither the director nor any board shall issue a permit	68524
to install under section 3714.051 of the Revised Code to establish	68525
a new construction and demolition debris facility when the	68526
horizontal limits of construction and demolition debris placement	68527
at the new facility are proposed to be located in any of the	68528
following locations:	68529

(1) Within one hundred feet of a perennial stream as defined	68530
by the United States geological survey seven and one-half minute	68531
quadrangle map or a category 3 wetland;	68532

(2) Within one hundred feet of the facility's property line;

68533

(3)(a) Except as provided in division (C)(3)(b) of this	68534
section, within five hundred feet of a residential or public water	68535
supply well.	68536

(b) Division (C)(3)(a) of this section does not apply to a	68537
residential well under any of the circumstances specified in	68538
divisions (C)(3)(b)(i) to (iii) of this section as follows:	68539

(i) The well is controlled by the owner or operator of the	68540
construction and demolition debris facility.	68541

(ii) The well is hydrologically separated from the horizontal	68542
limits of construction and demolition debris placement.	68543

(iii) The well is at least three hundred feet upgradient from	68544
the horizontal limits of construction and demolition debris	68545
placement and division (D) of this section does not prohibit the	68546
issuance of the permit to install.	68547

(4) Within five hundred feet of a park created or operated	68548
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041	68549
of the Revised Code, a state park established or dedicated under	68550
Chapter 1541. of the Revised Code, a state park purchase area	68551
established under section 1541.02 of the Revised Code, a national	68552
recreation area, any unit of the national park system, or any	68553
property that lies within the boundaries of a national park or	68554
recreation area, but that has not been acquired or is not	68555
administered by the secretary of the United States department of	68556
the interior, located in this state, or any area located in this	68557
state that is recommended by the secretary for study for potential	68558
inclusion in the national park system in accordance with "The Act	68559
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	68560

(5) Within five hundred feet of a natural area, any area	68561
established by the department of natural resources as a state	68562
wildlife area under Chapter 1531. of the Revised Code and rules	68563
adopted under it, any area that is formally dedicated as a nature	68564
preserve under section 1517.05 of the Revised Code, or any area	68565
designated by the United States department of the interior as a	68566
national wildlife refuge;	68567

(6) Within five hundred feet of a lake or reservoir of one	68568
acre or more that is hydrogeologically connected to ground water.	68569
For purposes of division (C)(6) of this section, a lake or	68570
reservoir does not include a body of water constructed and used	68571
for purposes of surface water drainage or sediment control.	68572

(7) Within five hundred feet of a state forest purchased or	68573
otherwise acquired under Chapter 1503. of the Revised Code;	68574

(8) ~~Within five hundred feet of land that is placed on the~~	68575
~~state registry of historic landmarks under section 149.55 of the~~	68576
~~Revised Code;~~	68577

~~(9)~~ Within five hundred feet of an occupied dwelling unless	68578
written permission is given by the owner of the dwelling.	68579

(D) Neither the director nor any board shall issue a permit	68580
to install under section 3714.051 of the Revised Code to establish	68581
a new construction and demolition debris facility when the limits	68582
of construction and demolition debris placement at the new	68583
facility are proposed to have an isolation distance of less than	68584
five feet from the uppermost aquifer system that consists of	68585
material that has a maximum hydraulic conductivity of 1 x 10-5	68586
cm/sec and all of the geologic material comprising the isolation	68587
distance has a hydraulic conductivity equivalent to or less than 1	68588
x 10-6 cm/sec.	68589

(E) Neither the director nor any board shall issue a permit	68590
to install under section 3714.051 of the Revised Code to establish	68591
a new construction and demolition debris facility when the road	68592
that is designated by the owner or operator as the main hauling	68593
road at the facility to and from the limits of construction and	68594
demolition debris placement is proposed to be located within five	68595
hundred feet of an occupied dwelling unless written permission is	68596
given by the owner of the occupied dwelling.	68597

(F) Neither the director nor any board shall issue a permit	68598
to install under section 3714.051 of the Revised Code to establish	68599
a new construction and demolition debris facility unless the new	68600
facility will have all of the following:	68601

(1) Access roads that shall be constructed in a manner that	68602
allows use in all weather conditions and will withstand the	68603
anticipated degree of use and minimize erosion and generation of	68604
dust;	68605

(2) Surface water drainage and sediment controls that are	68606
required by the director;	68607

(3) If the facility is proposed to be located in an area in	68608
which an applicable zoning resolution allows residential	68609
construction, vegetated earthen berms or an equivalent barrier	68610
with a minimum height of six feet separating the facility from	68611
adjoining property.	68612

(G)(1) The siting criteria established in this section shall	68613
be applied to an application for a permit to install at the time	68614
that the application is submitted to the director or a board of	68615
health, as applicable. Circumstances related to the siting	68616
criteria that change after the application is submitted shall not	68617
be considered in approving or disapproving the application.	68618

(2) The siting criteria established in this section by this	68619
amendment do not apply to an expansion of a construction and	68620
demolition debris facility that was in operation prior to December	68621
22, 2005, onto property within the property boundaries identified	68622
in the application for the initial license for that facility or	68623
any subsequent license issued for that facility up to and	68624
including the license issued for that facility for calendar year	68625
2005. The siting criteria established in this section prior to	68626
December 22, 2005, apply to such an expansion.	68627

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	68628
health and the environmental protection agency in administering	68629
and enforcing this chapter and rules adopted under it, there is	68630
hereby levied a fee of thirty cents per cubic yard or sixty cents	68631
per ton, as applicable, on both of the following:	68632

(a) The disposal of construction and demolition debris at a	68633
construction and demolition debris facility that is licensed under	68634
this chapter or at a solid waste facility that is licensed under	68635
Chapter 3734. of the Revised Code;	68636

(b) The disposal of asbestos or asbestos-containing materials	68637
or products at a construction and demolition debris facility that	68638
is licensed under this chapter or at a solid waste facility that	68639
is licensed under Chapter 3734. of the Revised Code.	68640

(2) The owner or operator of a construction and demolition	68641
debris facility or a solid waste facility shall determine if cubic	68642
yards or tons will be used as the unit of measurement. If basing	68643
the fee on cubic yards, the owner or operator shall utilize either	68644
the maximum cubic yard capacity of the container, or the hauling	68645
volume of the vehicle, that transports the construction and	68646
demolition debris to the facility or the cubic yards actually	68647
logged for disposal by the owner or operator in accordance with	68648
rules adopted under section 3714.02 of the Revised Code. If basing	68649
the fee on tonnage, the owner or operator shall use certified	68650
scales to determine the tonnage of construction and demolition	68651
debris that is disposed of.	68652

(3) The owner or operator of a construction and demolition	68653
debris facility or a solid waste facility shall calculate the	68654
amount of money generated from the fee levied under division	68655
(A)(1) of this section and shall hold that amount as a trustee for	68656
the health district having jurisdiction over the facility, if that	68657
district is on the approved list under section 3714.09 of the	68658
Revised Code, or for the state. The owner or operator shall	68659
prepare and file with the appropriate board of health or the	68660
director of environmental protection monthly returns indicating	68661
the total volume or weight, as applicable, of construction and	68662
demolition debris and asbestos or asbestos-containing materials or	68663
products disposed of at the facility and the total amount of money	68664
generated during that month from the fee levied under division	68665
(A)(1) of this section on the disposal of construction and	68666
demolition debris and asbestos or asbestos-containing materials or	68667
products. Not later than thirty days after the last day of the	68668
month to which the return applies, the owner or operator shall	68669
mail to the board of health or the director the return for that	68670
month together with the amount of money calculated under division	68671
(A)(3) of this section on the disposal of construction and	68672
demolition debris and asbestos or asbestos-containing materials or	68673
products during that month or may submit the return and money	68674
electronically in a manner approved by the director. The owner or	68675
operator may request, in writing, an extension of not more than	68676
thirty days after the last day of the month to which the return	68677
applies. A request for extension may be denied. If the owner or	68678
operator submits the money late, the owner or operator shall pay a	68679
penalty of ten per cent of the amount of the money due for each	68680
month that it is late.	68681

(4) Of the money that is submitted by a construction and	68682
demolition debris facility or a solid waste facility on a per	68683
cubic yard or per ton basis under this section, a board of health	68684
shall transmit three cents per cubic yard or six cents per ton, as	68685
applicable, to the director not later than forty-five days after	68686
the receipt of the money. The money retained by a board of health	68687
under this section shall be paid into a special fund, which is	68688
hereby created in each health district, and used solely tofor the	68689
following purposes:	68690

(a) To administer and enforce this chapter and rules adopted	68691
under it;	68692

(b) To abate abandoned accumulations of construction and	68693
demolition debris as provided in section 3714.074 of the Revised	68694
Code.	68695

The director shall transmit all money received under this	68696
section to the treasurer of state to be credited to the	68697
construction and demolition debris facility oversight fund, which	68698
is hereby created in the state treasury. The fund shall be	68699
administered by the director, and money credited to the fund shall	68700
be used exclusively for the administration and enforcement of this	68701
chapter and rules adopted under it.	68702

(B) The board of health of a health district or the director	68703
may enter into an agreement with the owner or operator of a	68704
construction and demolition debris facility or a solid waste	68705
facility for the quarterly payment of money generated from the	68706
disposal fee as calculated in division (A)(3) of this section. The	68707
board of health shall notify the director of any such agreement.	68708
Not later than forty-five days after receipt of the quarterly	68709
payment, the board of health shall transmit the amount established	68710
in division (A)(4) of this section to the director. The money	68711
retained by the board of health shall be deposited in the special	68712
fund of the district as required under that division. Upon receipt	68713
of the money from a board of health, the director shall transmit	68714
the money to the treasurer of state to be credited to the	68715
construction and demolition debris facility oversight fund.	68716

(C) If a construction and demolition debris facility or a	68717
solid waste facility is located within the territorial boundaries	68718
of a municipal corporation or the unincorporated area of a	68719
township, the municipal corporation or township may appropriate up	68720
to four cents per cubic yard or up to eight cents per ton of the	68721
disposal fee required to be paid by the facility under division	68722
(A)(1) of this section for the same purposes that a municipal	68723
corporation or township may levy a fee under division (C) of	68724
section 3734.57 of the Revised Code.	68725

The legislative authority of the municipal corporation or	68726
township may appropriate the money from the fee by enacting an	68727
ordinance or adopting a resolution establishing the amount of the	68728
fee to be appropriated. Upon doing so, the legislative authority	68729
shall mail a certified copy of the ordinance or resolution to the	68730
board of health of the health district in which the construction	68731
and demolition debris facility or the solid waste facility is	68732
located or, if the facility is located in a health district that	68733
is not on the approved list under section 3714.09 of the Revised	68734
Code, to the director. Upon receipt of the copy of the ordinance	68735
or resolution and not later than forty-five days after receipt of	68736
money generated from the fee, the board or the director, as	68737
applicable, shall transmit to the treasurer or other appropriate	68738
officer of the municipal corporation or clerk of the township that	68739
portion of the money generated from the disposal fee by the owner	68740
or operator of the facility that is required by the ordinance or	68741
resolution to be paid to that municipal corporation or township.	68742

Money received by the treasurer or other appropriate officer	68743
of a municipal corporation under this division shall be paid into	68744
the general fund of the municipal corporation. Money received by	68745
the clerk of a township under this division shall be paid into the	68746
general fund of the township. The treasurer or other officer of	68747
the municipal corporation or the clerk of the township, as	68748
appropriate, shall maintain separate records of the money received	68749
under this division.	68750

The legislative authority of a municipal corporation or	68751
township may cease appropriating money under this division by	68752
repealing the ordinance or resolution that was enacted or adopted	68753
under this division.	68754

The director shall adopt rules in accordance with Chapter	68755
119. of the Revised Code establishing requirements for prorating	68756
the amount of the fee that may be appropriated under this division	68757
by a municipal corporation or township in which only a portion of	68758
a construction and demolition debris facility is located within	68759
the territorial boundaries of the municipal corporation or	68760
township.	68761

(D) The board of county commissioners of a county in which a	68762
construction and demolition debris facility or a solid waste	68763
facility is located may appropriate up to three cents per cubic	68764
yard or up to six cents per ton of the disposal fee required to be	68765
paid by the facility under division (A)(1) of this section for the	68766
same purposes that a solid waste management district may levy a	68767
fee under division (B) of section 3734.57 of the Revised Code.	68768

The board of county commissioners may appropriate the money	68769
from the fee by adopting a resolution establishing the amount of	68770
the fee to be appropriated. Upon doing so, the board of county	68771
commissioners shall mail a certified copy of the resolution to the	68772
board of health of the health district in which the construction	68773
and demolition debris facility or the solid waste facility is	68774
located or, if the facility is located in a health district that	68775
is not on the approved list under section 3714.09 of the Revised	68776
Code, to the director. Upon receipt of the copy of the resolution	68777
and not later than forty-five days after receipt of money	68778
generated from the fee, the board of health or the director, as	68779
applicable, shall transmit to the treasurer of the county that	68780
portion of the money generated from the disposal fee by the owner	68781
or operator of the facility that is required by the resolution to	68782
be paid to that county.	68783

Money received by a county treasurer under this division	68784
shall be paid into the general fund of the county. The county	68785
treasurer shall maintain separate records of the money received	68786
under this division.	68787

A board of county commissioners may cease appropriating money	68788
under this division by repealing the resolution that was adopted	68789
under this division.	68790

(E)(1) This section does not apply to the disposal of	68791
construction and demolition debris at a solid waste facility that	68792
is licensed under Chapter 3734. of the Revised Code if there is no	68793
construction and demolition debris facility licensed under this	68794
chapter within thirty-five miles of the solid waste facility as	68795
determined by a facility's property boundaries.	68796

(2) This section does not apply to the disposal of	68797
construction and demolition debris at a solid waste facility that	68798
is licensed under Chapter 3734. of the Revised Code if the owner	68799
or operator of the facility chooses to collect fees on the	68800
disposal of the construction and demolition debris and asbestos or	68801
asbestos-containing materials or products that are identical to	68802
the fees that are collected under Chapters 343. and 3734. of the	68803
Revised Code on the disposal of solid wastes at that facility.	68804

(3) This section does not apply to the disposal of source	68805
separated materials that are exclusively composed of reinforced or	68806
nonreinforced concrete, asphalt, clay tile, building or paving	68807
brick, or building or paving stone at a construction and	68808
demolition debris facility that is licensed under this chapter	68809
when either of the following applies:	68810

(a) The materials are placed within the limits of	68811
construction and demolition debris placement at the facility as	68812
specified in the license issued to the facility under section	68813
3714.06 of the Revised Code, are not placed within the unloading	68814
zone of the facility, and are used as a fire prevention measure in	68815
accordance with rules adopted by the director under section	68816
3714.02 of the Revised Code.	68817

(b) The materials are not placed within the unloading zone of	68818
the facility or within the limits of construction and demolition	68819
debris placement at the facility as specified in the license	68820
issued to the facility under section 3714.06 of the Revised Code,	68821
but are used as fill material, either alone or in conjunction with	68822
clean soil, sand, gravel, or other clean aggregates, in legitimate	68823
fill operations for construction purposes at the facility or to	68824
bring the facility up to a consistent grade.	68825

Sec. 3714.074. (A) A board of health may use money in the	68826
board's special fund created in section 3714.07 of the Revised	68827
Code for the purpose specified in division (B) of this section if	68828
both of the following apply:	68829

(1) It is the end of the fiscal year.

68830

(2) The board determines that it has more money in the fund	68831
than is necessary for the board to administer and enforce this	68832
chapter and rules adopted under it for the following fiscal year.	68833

(B) A board of health may use excess money as described in	68834
division (A) of this section to abate abandoned accumulations of	68835
construction and demolition debris at a location for which a	68836
license has not been issued pursuant to section 3714.05 of the	68837
Revised Code if the board has reason to believe that there is a	68838
substantial threat to public health or safety or the environment	68839
and all of the following apply to the property on which the	68840
accumulations are located:	68841

(1) The construction and demolition debris was placed on the	68842
property under either of the following circumstances:	68843

(a) After the owner of the property acquired title to it;

68844

(b) Before the owner of the property acquired title to it if	68845
the owner acquired title to the property by bequest or devise.	68846

(2) The owner of the property did not have knowledge that the	68847
construction and demolition debris was being placed on the	68848
property, or the owner posted on the property signs prohibiting	68849
dumping or took other action to prevent the placing of	68850
construction and demolition debris on the property.	68851

(3) The owner of the property did not participate in or	68852
consent to the placement of the construction and demolition debris	68853
on the property.	68854

(4) The owner of the property did not receive any financial	68855
benefit from the placement of the construction and demolition	68856
debris on the property or from having the construction and	68857
demolition debris on the property.	68858

(5) Title to the property was not transferred to the owner of	68859
that property for the purpose of avoiding liability for violations	68860
of this chapter or rules adopted under it.	68861

(6) The person responsible for the placement of the	68862
construction and demolition debris on the property, in placing the	68863
construction and demolition debris on the property, was not acting	68864
as an agent for the owner of the property.	68865

Sec. 3717.08. (A) The director of agriculture and director	68866
of health shall strive to increase consumer confidence in the	68867
state's food supply by promoting food safety awareness and	68868
education. The efforts of the director of agriculture and director	68869
of health shall be made, when appropriate and available, through	68870
partnerships with representatives of retail food establishments,	68871
representatives of food service operations, and representatives of	68872
the academic community, including ~~the Ohio state university~~OSU	68873
extension ~~service~~.	68874

(B) As part of their promotion of food safety awareness, the	68875
director of agriculture and the director of health shall do the	68876
following:	68877

(1) Develop training programs regarding the Ohio uniform food	68878
safety code. The directors may offer the training programs	68879
separately but shall coordinate the content of the programs to the	68880
greatest extent practicable. The training programs shall be made	68881
available to the employees of the department of agriculture,	68882
employees of the department of health, representatives of boards	68883
of health and the health officials employed by the boards,	68884
representatives of retail food establishments, and representatives	68885
of food service operations.	68886

(2) Co-sponsor a biennial statewide food safety conference.	68887
Additional statewide food safety conferences may be held as	68888
considered appropriate by the director of agriculture and director	68889
of health.	68890

Sec. 3718.06. (A) A board of health shall establish fees in	68891
accordance with section 3709.09 of the Revised Code for the	68892
purpose of carrying out its duties under this chapter and rules	68893
adopted under it, including fees for installation permits,	68894
operation permits, and alteration permits issued by the board. All	68895
fees so established and collected by the board shall be deposited	68896
in a special fund of the district to be used exclusively by the	68897
board in carrying out those duties.	68898

(B) In accordance with Chapter 119. of the Revised Code, the	68899
director of health may establish by rule a fee to be collected	68900
from applicants for installation permits and alteration permits	68901
issued under rules adopted under this chapter. The director of	68902
health shall use not more than ~~seventy-five~~ninety per cent of the	68903
proceeds from that fee for administering and enforcing this	68904
chapter and the rules adopted under it by the director. The	68905
director shall use not less than ~~twenty-five~~ten per cent of the	68906
proceeds from that fee to establish a program in cooperation with	68907
boards of health to fund installation and evaluation of sewage	68908
treatment system new technology pilot projects through grants or	68909
other agreements. In the selection of pilot projects, the director	68910
shall consult with the sewage treatment system technical advisory	68911
committee. A board of health shall collect and transmit the fee to	68912
the director pursuant to section 3709.092 of the Revised Code.	68913

Sec. 3719.61. Nothing in the laws dealing with drugs of	68914
abuse shall be construed to prohibit treatment of narcotic drug	68915
dependent persons by the continuing maintenance of their	68916
dependence through the administration of methadone in accordance	68917
with the rules adopted by the department of ~~alcohol and drug~~	68918
~~addiction services~~mental health and addiction services under	68919
section ~~3793.11~~5119.39 of the Revised Code, when all of the	68920
following apply:	68921

(A) The likelihood that any person undergoing maintenance	68922
treatment will be cured of dependence on narcotic drugs is remote,	68923
the treatment is prescribed for the purpose of alleviating or	68924
controlling the patient's drug dependence, and the patient's	68925
prognosis while undergoing treatment is at least a partial	68926
improvement in the patient's asocial or antisocial behavior	68927
patterns;	68928

(B) In the case of an inpatient in a hospital or clinic, the	68929
amount of the maintenance drug dispensed at any one time does not	68930
exceed the quantity necessary for a single dose, and the dose is	68931
administered to the patient immediately;	68932

(C) In the case of an outpatient, the amount of the	68933
maintenance drug dispensed at any one time shall be determined by	68934
the patient's treatment provider taking into account the patient's	68935
progress in the treatment program and the patient's needs for	68936
gainful employment, education, and responsible homemaking, except	68937
that in no event shall the dosage be greater than the amount	68938
permitted by federal law and rules adopted by the department	68939
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	68940

(D) The drug is not dispensed in any case to replace or	68941
supplement any part of a supply of the drug previously dispensed,	68942
or when there is reasonable cause to believe it will be used or	68943
disposed of unlawfully;	68944

(E) The drug is dispensed through a program licensed and	68945
operated in accordance with section ~~3793.11~~5119.39 of the Revised	68946
Code.	68947

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	68948
3721.99 of the Revised Code:	68949

(1)(a) "Home" means an institution, residence, or facility	68950
that provides, for a period of more than twenty-four hours,	68951
whether for a consideration or not, accommodations to three or	68952
more unrelated individuals who are dependent upon the services of	68953
others, including a nursing home, residential care facility, home	68954
for the aging, and a veterans' home operated under Chapter 5907.	68955
of the Revised Code.	68956

(b) "Home" also means both of the following:

68957

(i) Any facility that a person, as defined in section 3702.51	68958
of the Revised Code, proposes for certification as a skilled	68959
nursing facility or nursing facility under Title XVIII or XIX of	68960
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	68961
as amended, and for which a certificate of need, other than a	68962
certificate to recategorize hospital beds as described in section	68963
3702.521 of the Revised Code or division (R)(7)(d) of the version	68964
of section 3702.51 of the Revised Code in effect immediately prior	68965
to April 20, 1995, has been granted to the person under sections	68966
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	68967

(ii) A county home or district home that is or has been	68968
licensed as a residential care facility.	68969

68970

(i) Except as provided in division (A)(1)(b) of this section,	68971
a public hospital or hospital as defined in section 3701.01 or	68972
5122.01 of the Revised Code;	68973

(ii) A residential facility as defined in section ~~5119.22~~	68974
5119.34 of the Revised Code;	68975

(iii) A residential facility as defined in section 5123.19 of	68976
the Revised Code;	68977

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	68978
services provider as defined in section ~~3793.01~~5119.01 of the	68979
Revised Code;	68980

(v) A facility licensed to provide methadone treatment under	68981
section ~~3793.11~~5119.39 of the Revised Code;	68982

(vi) A facility providing services under contract with the	68983
department of developmental disabilities under section 5123.18 of	68984
the Revised Code;	68985

(vii) A facility operated by a hospice care program licensed	68986
under section 3712.04 of the Revised Code that is used exclusively	68987
for care of hospice patients;	68988

(viii) A facility operated by a pediatric respite care	68989
program licensed under section 3712.041 of the Revised Code that	68990
is used exclusively for care of pediatric respite care patients;	68991

(ix) A facility, infirmary, or other entity that is operated	68992
by a religious order, provides care exclusively to members of	68993
religious orders who take vows of celibacy and live by virtue of	68994
their vows within the orders as if related, and does not	68995
participate in the medicare program ~~established under Title XVIII~~	68996
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	68997
program ~~established under Chapter 5111. of the Revised Code and~~	68998
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	68999
facility, infirmary, or entity was providing care exclusively to	69000
members of the religious order;	69001

(x) A county home or district home that has never been	69002
licensed as a residential care facility.	69003

(2) "Unrelated individual" means one who is not related to	69004
the owner or operator of a home or to the spouse of the owner or	69005
operator as a parent, grandparent, child, grandchild, brother,	69006
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	69007
uncle.	69008

(3) "Mental impairment" does not mean mental illness as	69009
defined in section 5122.01 of the Revised Code or mental	69010
retardation as defined in section 5123.01 of the Revised Code.	69011

(4) "Skilled nursing care" means procedures that require	69012
technical skills and knowledge beyond those the untrained person	69013
possesses and that are commonly employed in providing for the	69014
physical, mental, and emotional needs of the ill or otherwise	69015
incapacitated. "Skilled nursing care" includes, but is not limited	69016
to, the following:	69017

(a) Irrigations, catheterizations, application of dressings,	69018
and supervision of special diets;	69019

(b) Objective observation of changes in the patient's	69020
condition as a means of analyzing and determining the nursing care	69021
required and the need for further medical diagnosis and treatment;	69022

69023

(d) Administration of medication by any method ordered by a	69024
physician, such as hypodermically, rectally, or orally, including	69025
observation of the patient after receipt of the medication;	69026

(e) Carrying out other treatments prescribed by the physician	69027
that involve a similar level of complexity and skill in	69028
administration.	69029

(5)(a) "Personal care services" means services including, but	69030
not limited to, the following:	69031

(i) Assisting residents with activities of daily living;

69032

(ii) Assisting residents with self-administration of	69033
medication, in accordance with rules adopted under section 3721.04	69034
of the Revised Code;	69035

(iii) Preparing special diets, other than complex therapeutic	69036
diets, for residents pursuant to the instructions of a physician	69037
or a licensed dietitian, in accordance with rules adopted under	69038
section 3721.04 of the Revised Code.	69039

(b) "Personal care services" does not include "skilled	69040
nursing care" as defined in division (A)(4) of this section. A	69041
facility need not provide more than one of the services listed in	69042
division (A)(5)(a) of this section to be considered to be	69043
providing personal care services.	69044

(6) "Nursing home" means a home used for the reception and	69045
care of individuals who by reason of illness or physical or mental	69046
impairment require skilled nursing care and of individuals who	69047
require personal care services but not skilled nursing care. A	69048
nursing home is licensed to provide personal care services and	69049
skilled nursing care.	69050

(7) "Residential care facility" means a home that provides	69051
either of the following:	69052

(a) Accommodations for seventeen or more unrelated	69053
individuals and supervision and personal care services for three	69054
or more of those individuals who are dependent on the services of	69055
others by reason of age or physical or mental impairment;	69056

(b) Accommodations for three or more unrelated individuals,	69057
supervision and personal care services for at least three of those	69058
individuals who are dependent on the services of others by reason	69059
of age or physical or mental impairment, and, to at least one of	69060
those individuals, any of the skilled nursing care authorized by	69061
section 3721.011 of the Revised Code.	69062

(8) "Home for the aging" means a home that provides services	69063
as a residential care facility and a nursing home, except that the	69064
home provides its services only to individuals who are dependent	69065
on the services of others by reason of both age and physical or	69066
mental impairment.	69067

The part or unit of a home for the aging that provides	69068
services only as a residential care facility is licensed as a	69069
residential care facility. The part or unit that may provide	69070
skilled nursing care beyond the extent authorized by section	69071
3721.011 of the Revised Code is licensed as a nursing home.	69072

(9) "County home" and "district home" mean a county home or	69073
district home operated under Chapter 5155. of the Revised Code.	69074

(B) The director of health may further classify homes. For	69075
the purposes of this chapter, any residence, institution, hotel,	69076
congregate housing project, or similar facility that meets the	69077
definition of a home under this section is such a home regardless	69078
of how the facility holds itself out to the public.	69079

(C) For purposes of this chapter, personal care services or	69080
skilled nursing care shall be considered to be provided by a	69081
facility if they are provided by a person employed by or	69082
associated with the facility or by another person pursuant to an	69083
agreement to which neither the resident who receives the services	69084
nor the resident's sponsor is a party.	69085

(D) Nothing in division (A)(4) of this section shall be	69086
construed to permit skilled nursing care to be imposed on an	69087
individual who does not require skilled nursing care.	69088

Nothing in division (A)(5) of this section shall be construed	69089
to permit personal care services to be imposed on an individual	69090
who is capable of performing the activity in question without	69091
assistance.	69092

(E) Division (A)(1)(c)(ix) of this section does not prohibit	69093
a facility, infirmary, or other entity described in that division	69094
from seeking licensure under sections 3721.01 to 3721.09 of the	69095
Revised Code or certification under Title XVIII or XIX of the	69096
"Social Security Act." However, such a facility, infirmary, or	69097
entity that applies for licensure or certification must meet the	69098
requirements of those sections or titles and the rules adopted	69099
under them and obtain a certificate of need from the director of	69100
health under section 3702.52 of the Revised Code.	69101

(F) Nothing in this chapter, or rules adopted pursuant to it,	69102
shall be construed as authorizing the supervision, regulation, or	69103
control of the spiritual care or treatment of residents or	69104
patients in any home who rely upon treatment by prayer or	69105
spiritual means in accordance with the creed or tenets of any	69106
recognized church or religious denomination.	69107

Sec. 3721.011. (A) In addition to providing accommodations,	69108
supervision, and personal care services to its residents, a	69109
residential care facility may do the following:	69110

(1) Provide the following skilled nursing care to its	69111
residents:	69112

(a) Supervision of special diets;

69113

(b) Application of dressings, in accordance with rules	69114
adopted under section 3721.04 of the Revised Code;	69115

(c) Subject to division (B)(1) of this section,	69116
administration of medication.	69117

(2) Subject to division (C) of this section, provide other	69118
skilled nursing care on a part-time, intermittent basis for not	69119
more than a total of one hundred twenty days in a twelve-month	69120
period;	69121

(3) Provide skilled nursing care for more than one hundred	69122
twenty days in a twelve-month period to a resident when the	69123
requirements of division (D) of this section are met.	69124

A residential care facility may not admit or retain an	69125
individual requiring skilled nursing care that is not authorized	69126
by this section. A residential care facility may not provide	69127
skilled nursing care beyond the limits established by this	69128
section.	69129

(B)(1) A residential care facility may admit or retain an	69130
individual requiring medication, including biologicals, only if	69131
the individual's personal physician has determined in writing that	69132
the individual is capable of self-administering the medication or	69133
the facility provides for the medication to be administered to the	69134
individual by a home health agency certified under Title XVIII of	69135
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	69136
amended; a hospice care program licensed under Chapter 3712. of	69137
the Revised Code; or a member of the staff of the residential care	69138
facility who is qualified to perform medication administration.	69139
Medication may be administered in a residential care facility only	69140
by the following persons authorized by law to administer	69141
medication:	69142

(a) A registered nurse licensed under Chapter 4723. of the	69143
Revised Code;	69144

(b) A licensed practical nurse licensed under Chapter 4723.	69145
of the Revised Code who holds proof of successful completion of a	69146
course in medication administration approved by the board of	69147
nursing and who administers the medication only at the direction	69148
of a registered nurse or a physician authorized under Chapter	69149
4731. of the Revised Code to practice medicine and surgery or	69150
osteopathic medicine and surgery;	69151

(c) A medication aide certified under Chapter 4723. of the	69152
Revised Code;	69153

(d) A physician authorized under Chapter 4731. of the Revised	69154
Code to practice medicine and surgery or osteopathic medicine and	69155
surgery.	69156

(2) In assisting a resident with self-administration of	69157
medication, any member of the staff of a residential care facility	69158
may do the following:	69159

(a) Remind a resident when to take medication and watch to	69160
ensure that the resident follows the directions on the container;	69161

(b) Assist a resident by taking the medication from the	69162
locked area where it is stored, in accordance with rules adopted	69163
pursuant to section 3721.04 of the Revised Code, and handing it to	69164
the resident. If the resident is physically unable to open the	69165
container, a staff member may open the container for the resident.	69166

(c) Assist a physically impaired but mentally alert resident,	69167
such as a resident with arthritis, cerebral palsy, or Parkinson's	69168
disease, in removing oral or topical medication from containers	69169
and in consuming or applying the medication, upon request by or	69170
with the consent of the resident. If a resident is physically	69171
unable to place a dose of medicine to the resident's mouth without	69172
spilling it, a staff member may place the dose in a container and	69173
place the container to the mouth of the resident.	69174

(C) Except as provided in division (D) of this section, a	69175
residential care facility may admit or retain individuals who	69176
require skilled nursing care beyond the supervision of special	69177
diets, application of dressings, or administration of medication,	69178
only if the care will be provided on a part-time, intermittent	69179
basis for not more than a total of one hundred twenty days in any	69180
twelve-month period. In accordance with Chapter 119. of the	69181
Revised Code, the director of health shall adopt rules specifying	69182
what constitutes the need for skilled nursing care on a part-time,	69183
intermittent basis. The director shall adopt rules that are	69184
consistent with rules pertaining to home health care adopted by	69185
the medicaid director ~~of job and family services~~ for the medicaid	69186
program ~~established under Chapter 5111. of the Revised Code~~.	69187
Skilled nursing care provided pursuant to this division may be	69188
provided by a home health agency certified ~~under Title XVIII of~~	69189
~~the "Social Security Act~~for participation in the medicare	69190
program," a hospice care program licensed under Chapter 3712. of	69191
the Revised Code, or a member of the staff of a residential care	69192
facility who is qualified to perform skilled nursing care.	69193

A residential care facility that provides skilled nursing	69194
care pursuant to this division shall do both of the following:	69195

(1) Evaluate each resident receiving the skilled nursing care	69196
at least once every seven days to determine whether the resident	69197
should be transferred to a nursing home;	69198

(2) Meet the skilled nursing care needs of each resident	69199
receiving the care.	69200

(D)(1) A residential care facility may admit or retain an	69201
individual who requires skilled nursing care for more than one	69202
hundred twenty days in any twelve-month period only if the	69203
facility has entered into a written agreement with each of the	69204
following:	69205

(a) The individual or individual's sponsor;

69206

(b) The individual's personal physician;

69207

(c) Unless the individual's personal physician oversees the	69208
skilled nursing care, the provider of the skilled nursing care;	69209

(d) If the individual is a hospice patient as defined in	69210
section 3712.01 of the Revised Code, a hospice care program	69211
licensed under Chapter 3712. of the Revised Code.	69212

(2) The agreement required by division (D)(1) of this section	69213
shall include all of the following provisions:	69214

(a) That the individual will be provided skilled nursing care	69215
in the facility only if a determination has been made that the	69216
individual's needs can be met at the facility;	69217

(b) That the individual will be retained in the facility only	69218
if periodic redeterminations are made that the individual's needs	69219
are being met at the facility;	69220

(c) That the redeterminations will be made according to a	69221
schedule specified in the agreement;	69222

(d) If the individual is a hospice patient, that the	69223
individual has been given an opportunity to choose the hospice	69224
care program that best meets the individual's needs;	69225

(e) Unless the individual is a hospice patient, that the	69226
individual's personal physician has determined that the skilled	69227
nursing care the individual needs is routine.	69228

(E) Notwithstanding any other provision of this chapter, a	69229
residential care facility in which residents receive skilled	69230
nursing care pursuant to this section is not a nursing home.	69231

Sec. 3721.02. (A) As used in this section, "residential	69232
facility" means a residential facility licensed under section	69233
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	69234
supervision, and personal care services for three to sixteen	69235
unrelated adults.	69236

(B) The director of health shall license homes and establish	69237
procedures to be followed in inspecting and licensing homes. The	69238
director may inspect a home at any time. Each home shall be	69239
inspected by the director at least once prior to the issuance of a	69240
license and at least once every fifteen months thereafter. The	69241
state fire marshal or a township, municipal, or other legally	69242
constituted fire department approved by the marshal shall also	69243
inspect a home prior to issuance of a license, at least once every	69244
fifteen months thereafter, and at any other time requested by the	69245
director. A home does not have to be inspected prior to issuance	69246
of a license by the director, state fire marshal, or a fire	69247
department if ownership of the home is assigned or transferred to	69248
a different person and the home was licensed under this chapter	69249
immediately prior to the assignment or transfer. The director may	69250
enter at any time, for the purposes of investigation, any	69251
institution, residence, facility, or other structure that has been	69252
reported to the director or that the director has reasonable cause	69253
to believe is operating as a nursing home, residential care	69254
facility, or home for the aging without a valid license required	69255
by section 3721.05 of the Revised Code or, in the case of a county	69256
home or district home, is operating despite the revocation of its	69257
residential care facility license. The director may delegate the	69258
director's authority and duties under this chapter to any	69259
division, bureau, agency, or official of the department of health.	69260

(C) A single facility may be licensed both as a nursing home	69261
pursuant to this chapter and as a residential facility pursuant to	69262
section ~~5119.22~~5119.34 of the Revised Code if the director	69263
determines that the part or unit to be licensed as a nursing home	69264
can be maintained separate and discrete from the part or unit to	69265
be licensed as a residential facility.	69266

(D) In determining the number of residents in a home for the	69267
purpose of licensing, the director shall consider all the	69268
individuals for whom the home provides accommodations as one group	69269
unless one of the following is the case:	69270

(1) The home is a home for the aging, in which case all the	69271
individuals in the part or unit licensed as a nursing home shall	69272
be considered as one group, and all the individuals in the part or	69273
unit licensed as a rest home shall be considered as another group.	69274

(2) The home is both a nursing home and a residential	69275
facility. In that case, all the individuals in the part or unit	69276
licensed as a nursing home shall be considered as one group, and	69277
all the individuals in the part or unit licensed as an adult care	69278
facility shall be considered as another group.	69279

(3) The home maintains, in addition to a nursing home or	69280
residential care facility, a separate and discrete part or unit	69281
that provides accommodations to individuals who do not require or	69282
receive skilled nursing care and do not receive personal care	69283
services from the home, in which case the individuals in the	69284
separate and discrete part or unit shall not be considered in	69285
determining the number of residents in the home if the separate	69286
and discrete part or unit is in compliance with the Ohio basic	69287
building code established by the board of building standards under	69288
Chapters 3781. and 3791. of the Revised Code and the home permits	69289
the director, on request, to inspect the separate and discrete	69290
part or unit and speak with the individuals residing there, if	69291
they consent, to determine whether the separate and discrete part	69292
or unit meets the requirements of this division.	69293

(E)(1) The director of health shall charge the following	69294
application fee and annual renewal licensing and inspection fee	69295
for each fifty persons or part thereof of a home's licensed	69296
capacity:	69297

(a) For state fiscal year 2010, two hundred twenty dollars;

69298

(b) For state fiscal year 2011, two hundred seventy dollars;

69299

(c) For each state fiscal year thereafter, three hundred	69300
twenty dollars.	69301

(2) All fees collected by the director for the issuance or	69302
renewal of licenses shall be deposited into the state treasury to	69303
the credit of the general operations fund created in section	69304
3701.83 of the Revised Code for use only in administering and	69305
enforcing this chapter and rules adopted under it.	69306

(F)(1) Except as otherwise provided in this section, the	69307
results of an inspection or investigation of a home that is	69308
conducted under this section, including any statement of	69309
deficiencies and all findings and deficiencies cited in the	69310
statement on the basis of the inspection or investigation, shall	69311
be used solely to determine the home's compliance with this	69312
chapter or another chapter of the Revised Code in any action or	69313
proceeding other than an action commenced under division (I) of	69314
section 3721.17 of the Revised Code. Those results of an	69315
inspection or investigation, that statement of deficiencies, and	69316
the findings and deficiencies cited in that statement shall not be	69317
used in any court or in any action or proceeding that is pending	69318
in any court and are not admissible in evidence in any action or	69319
proceeding unless that action or proceeding is an appeal of an	69320
action by the department of health under this chapter or is an	69321
action by any department or agency of the state to enforce this	69322
chapter or another chapter of the Revised Code.	69323

(2) Nothing in division (E)(1) of this section prohibits the	69324
results of an inspection or investigation conducted under this	69325
section from being used in a criminal investigation or	69326
prosecution.	69327

Sec. 3721.022. (A) As used in this section:

69328

(1) "Nursing facility" has the same meaning as in section	69329
~~5111.20~~5165.01 of the Revised Code.	69330

(2) "Deficiency" and "survey" have the same meanings as in	69331
section ~~5111.35~~5165.60 of the Revised Code.	69332

(3) "Title XIX" and "Title XVIII" have the same meanings as	69333
in section 5165.01 of the Revised Code.	69334

(B) The department of health is hereby designated the state	69335
agency responsible for establishing and maintaining health	69336
standards and serving as the state survey agency for the purposes	69337
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	69338
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	69339
shall carry out these functions in accordance with the	69340
regulations, guidelines, and procedures issued under ~~Titles~~Title	69341
XVIII and Title XIX by the United States secretary of health and	69342
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	69343
5165.89 of the Revised Code. The director of health shall enter	69344
into agreements with regard to these functions with the department	69345
of ~~job and family services~~medicaid and the United States	69346
department of health and human services. The director may also	69347
enter into agreements with the department of ~~job and family~~	69348
~~services~~medicaid under which the department of health is	69349
designated to perform functions under sections ~~5111.35~~5165.60 to	69350
~~5111.62~~5165.89 of the Revised Code.	69351

The director, in accordance with Chapter 119. of the Revised	69352
Code, shall adopt rules necessary to implement the survey and	69353
certification requirements for skilled nursing facilities and	69354
nursing facilities established by the United States secretary of	69355
health and human services under ~~Titles~~Title XVIII and Title XIX	69356
~~of the "Social Security Act,"~~ and the survey requirements	69357
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	69358
the Revised Code. The rules shall include an informal process by	69359
which a facility may obtain up to two reviews of any deficiencies	69360
that have been cited on a statement of deficiencies made by the	69361
department of health under 42 C.F.R. Part 488 and cause the	69362
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	69363
The first review shall be conducted by an employee of the	69364
department who did not participate in and was not otherwise	69365
involved in any way with the survey. A facility that is not	69366
satisfied with the results of a first review may receive a second	69367
review on payment of a fee to the department. The amount of the	69368
fee shall be specified in rules adopted under this section. The	69369
fee shall be deposited into the state treasury to the credit of	69370
the general operations fund created in section 3701.83 of the	69371
Revised Code for use in the implementation of this section. The	69372
second review shall be conducted by either of the following as	69373
selected by the facility: a hearing officer employed by the	69374
department or a hearing officer included on a list the department	69375
shall provide the facility. A final determination that any	69376
deficiency citation is unjustified shall be reflected clearly in	69377
all records relating to the survey.	69378

The director need not adopt as rules any of the regulations,	69379
guidelines, or procedures issued under ~~Titles~~Title XVIII and	69380
Title XIX ~~of the "Social Security Act"~~ by the United States	69381
secretary of health and human services.	69382

Sec. 3721.024. As used in this section, "nursing facility"	69383
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	69384
Code.	69385

The department of health may establish a program of	69386
recognition of nursing facilities that provide the highest quality	69387
care to residents who are medicaid recipients ~~of medical~~	69388
~~assistance under Chapter 5111. of the Revised Code~~. The program	69389
may be funded with public funds appropriated by the general	69390
assembly for the purpose of the program or any funds appropriated	69391
for nursing home licensure.	69392

Sec. 3721.027. (A) As used in this section, "survey" has the	69393
same meaning as in section 5165.60 of the Revised Code.	69394

(B) The department of health shall investigate within ten	69395
working days after referral, in accordance with procedures and	69396
criteria to be established by the department of health and the	69397
department of aging, any unresolved complaint that the office of	69398
the state long-term care ~~ombudsperson~~ombudsman has investigated	69399
and found to be valid and refers to the department of health. This	69400
requirement does not supersede federal requirements for survey	69401
agency complaint investigations.	69402

Sec. 3721.042. The director of health may not deny a nursing	69403
home license to a facility seeking a license under this chapter as	69404
a nursing home on the grounds that the facility does not satisfy a	69405
requirement established in rules adopted under section 3721.04 of	69406
the Revised Code regarding the toilet rooms and dining and	69407
recreational areas of nursing homes if all of the following	69408
requirements are met:	69409

(A) The facility seeks a license under this chapter because	69410
it is a county home or district home being sold under section	69411
5155.31 of the Revised Code to a person who may not operate the	69412
facility without a nursing home license under this chapter.	69413

(B) The requirement would not have applied to the facility	69414
had the facility been a nursing home first licensed under this	69415
chapter before October 20, 2001.	69416

(C) The facility was a nursing facility, as defined in	69417
section ~~5111.20~~5165.01 of the Revised Code, on the date	69418
immediately preceding the date the facility is sold to the person	69419
seeking the license.	69420

Sec. 3721.071. The buildings in which a home is housed shall	69421
be equipped with both an automatic fire extinguishing system and	69422
fire alarm system. Such systems shall conform to standards set	69423
forth in the regulations of the board of building standards and	69424
the state fire marshal.	69425

The time for compliance with the requirements imposed by this	69426
section shall be January 1, 1975, except that the date for	69427
compliance with the automatic fire extinguishing requirements is	69428
extended to January 1, 1976, provided the buildings of the home	69429
are otherwise in compliance with fire safety laws and regulations	69430
and:	69431

(A) The home within thirty days after August 4, 1975, files a	69432
written plan with the state fire marshal's office that:	69433

(1) Outlines the interim safety procedures which shall be	69434
carried out to reduce the possibility of a fire;	69435

(2) Provides evidence that the home has entered into an	69436
agreement for a fire safety inspection to be conducted not less	69437
than monthly by a qualified independent safety engineer consultant	69438
or a township, municipal, or other legally constituted fire	69439
department, or by a township or municipal fire prevention officer;	69440

(3) Provides verification that the home has entered into a	69441
valid contract for the installation of an automatic fire	69442
extinguishing system or fire alarm system, or both, as required to	69443
comply with this section;	69444

(4) Includes a statement regarding the expected date for the	69445
completion of the fire extinguishing system or fire alarm system,	69446
or both.	69447

(B) Inspections by a qualified independent safety engineer	69448
consultant or a township, municipal, or other legally constituted	69449
fire department, or by a township or municipal fire prevention	69450
officer are initiated no later than sixty days after August 4,	69451
1975, and are conducted no less than monthly thereafter, and	69452
reports of the consultant, fire department, or fire prevention	69453
officer identifying existing hazards and recommended corrective	69454
actions are submitted to the state fire marshal, the division of	69455
industrial compliance in the department of commerce, and the	69456
department of health.	69457

It is the express intent of the general assembly that the	69458
department of ~~job and family services~~medicaid shall terminate	69459
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	69460
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	69461
agreements of those homes ~~which~~that do not comply with the	69462
requirements of this section for the submission of a written fire	69463
safety plan and the deadline for entering into contracts for the	69464
installation of systems.	69465

Sec. 3721.072. (A) As used in this section:

69466

(1) "Advance care planning" means providing each nursing home	69467
resident, or the resident's sponsor if the resident is unable to	69468
participate, on admission to the nursing home and quarterly	69469
thereafter, with the opportunity to discuss the resident's care	69470
goals.	69471

(2) "Overhead paging" means sending audible announcements via	69472
an electronic sound amplification and distribution system	69473
throughout part or all of a nursing home to staff, residents,	69474
residents' families, or others.	69475

(3) "Quality improvement project" means a project listed by	69476
the department of aging under the nursing home quality initiative	69477
established under section 173.60 of the Revised Code.	69478

(B) Beginning July 1, 2013, each nursing home shall	69479
participate in at least one quality improvement project each year.	69480
Each nursing facility shall select the project in which it will	69481
participate from the list the department of aging makes available	69482
pursuant to section 173.60 of the Revised Code.	69483

(C) Beginning July 1, 2015, each nursing home shall	69484
participate in advance care planning with all residents or their	69485
sponsors.	69486

(D) Beginning July 1, 2015, each nursing home shall prohibit	69487
the use of overhead paging within the nursing home, except that	69488
the nursing home may permit the use of overhead paging for matters	69489
of urgent public safety or urgent clinical operations. The nursing	69490
home shall develop a written policy regarding its use of overhead	69491
paging and make the policy available to staff, residents, and	69492
residents' families.	69493

Sec. 3721.08. (A) As used in this section, "real and present	69494
danger" means imminent danger of serious physical or	69495
life-threatening harm to one or more occupants of a home.	69496

(B) The director of health may petition the court of common	69497
pleas of the county in which the home is located for an order	69498
enjoining any person from operating a home without a license or	69499
enjoining a county home or district home that has had its license	69500
revoked from continuing to operate. The court shall have	69501
jurisdiction to grant such injunctive relief upon a showing that	69502
the respondent named in the petition is operating a home without a	69503
license or that the county home or district home named in the	69504
petition is operating despite the revocation of its license. The	69505
court shall have jurisdiction to grant such injunctive relief	69506
against the operation of a home without a valid license regardless	69507
of whether the home meets essential licensing requirements.	69508

(C) Unless the department of ~~job and family services~~medicaid	69509
or contracting agency has taken action under section ~~5111.51~~	69510
5165.77 of the Revised Code to appoint a temporary manager or seek	69511
injunctive relief, if, in the judgment of the director of health,	69512
real and present danger exists at any home, the director may	69513
petition the court of common pleas of the county in which the home	69514
is located for such injunctive relief as is necessary to close the	69515
home, transfer one or more occupants to other homes or other	69516
appropriate care settings, or otherwise eliminate the real and	69517
present danger. The court shall have the jurisdiction to grant	69518
such injunctive relief upon a showing that there is real and	69519
present danger.	69520

(D)(1) If the director determines that real and present	69521
danger exists at a home and elects not to immediately seek	69522
injunctive relief under division (C) of this section, the director	69523
may give written notice of proposed action to the home. The notice	69524
shall specify all of the following:	69525

(a) The nature of the conditions giving rise to the real and	69526
present danger;	69527

(b) The measures that the director determines the home must	69528
take to respond to the conditions;	69529

(c) The date on which the director intends to seek injunctive	69530
relief under division (C) of this section if the director	69531
determines that real and present danger exists at the home.	69532

(2) If the home notifies the director, within the time	69533
specified pursuant to division (D)(1)(c) of this section, that it	69534
believes the conditions giving rise to the real and present danger	69535
have been substantially corrected, the director shall conduct an	69536
inspection to determine whether real and present danger exists. If	69537
the director determines on the basis of the inspection that real	69538
and present danger exists, the director may petition under	69539
division (C) of this section for injunctive relief.	69540

(E)(1) If in the judgment of the director of health	69541
conditions exist at a home that will give rise to real and present	69542
danger if not corrected, the director shall give written notice of	69543
proposed action to the home. The notice shall specify all of the	69544
following:	69545

(a) The nature of the conditions giving rise to the	69546
director's judgment;	69547

(b) The measures that the director determines the home must	69548
take to respond to the conditions;	69549

(c) The date, which shall be no less than ten days after the	69550
notice is delivered, on which the director intends to seek	69551
injunctive relief under division (C) of this section if the	69552
conditions are not substantially corrected and the director	69553
determines that a real and present danger exists.	69554

(2) If the home notifies the director, within the period of	69555
time specified pursuant to division (E)(1)(c) of this section,	69556
that the conditions giving rise to the director's determination	69557
have been substantially corrected, the director shall conduct an	69558
inspection. If the director determines on the basis of the	69559
inspection that the conditions have not been corrected and a real	69560
and present danger exists, the director may petition under	69561
division (C) of this section for injunctive relief.	69562

(F)(1) A court that grants injunctive relief under division	69563
(C) of this section may also appoint a special master who, subject	69564
to division (F)(2) of this section, shall have such powers and	69565
authority over the home and length of appointment as the court	69566
considers necessary. Subject to division (F)(2) of this section,	69567
the salary of a special master and any costs incurred by a special	69568
master shall be the obligation of the home.	69569

(2) No special master shall enter into any employment	69570
contract on behalf of a home, or purchase with the home's funds	69571
any capital goods totaling more than ten thousand dollars, unless	69572
the special master has obtained approval for the contract or	69573
purchase from the home's operator or the court.	69574

(G) If the director takes action under division (C), (D), or	69575
(E) of this section, the director may also appoint employees of	69576
the department of health to conduct on-site monitoring of the	69577
home. Appointment of monitors is not subject to appeal under	69578
Chapter 119. or any other section of the Revised Code. No employee	69579
of a home for which monitors are appointed, no person employed by	69580
the home within the previous two years, and no person who	69581
currently has a consulting contract with the department or a home,	69582
shall be appointed under this division. Every monitor shall have	69583
the professional qualifications necessary to monitor correction of	69584
the conditions that give rise to or, in the director's judgment,	69585
will give rise to real and present danger. The number of monitors	69586
present at a home at any given time shall not exceed one for every	69587
fifty residents, or fraction thereof.	69588

(H) On finding that the real and present danger for which	69589
injunctive relief was granted under division (C) of this section	69590
has been eliminated and that the home's operator has demonstrated	69591
the capacity to prevent the real and present danger from	69592
recurring, the court shall terminate its jurisdiction over the	69593
home and return control and management of the home to the	69594
operator. If the real and present danger cannot be eliminated	69595
practicably within a reasonable time following appointment of a	69596
special master, the court may order the special master to close	69597
the home and transfer all residents to other homes or other	69598
appropriate care settings.	69599

(I) The director of health shall give notice of proposed	69600
action under divisions (D) and (E) of this section to both of the	69601
following:	69602

(1) The home's administrator;

69603

(2) If the home is operated by an organization described in	69604
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	69605
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	69606
amended, the board of trustees of the organization; or, if the	69607
home is not operated by such an organization, the owner of the	69608
home.	69609

Notices shall be delivered by certified mail or hand	69610
delivery. If notices are mailed, they shall be addressed to the	69611
persons specified in divisions (I)(1) and (2) of this section, as	69612
indicated in the department of health's records. If they are hand	69613
delivered, they shall be delivered to persons who would reasonably	69614
appear to the average prudent person to have authority to accept	69615
them.	69616

(J) If ownership of a home is assigned or transferred to a	69617
different person, the new owner is responsible and liable for	69618
compliance with any notice of proposed action or order issued	69619
under this section prior to the effective date of the assignment	69620
or transfer.	69621

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	69622
Revised Code:	69623

(A) "Home" means all of the following:

69624

(1) A home as defined in section 3721.01 of the Revised Code;

69625

(2) Any facility or part of a facility not defined as a home	69626
under section 3721.01 of the Revised Code that is ~~certified as~~ a	69627
skilled nursing facility ~~under Title XVIII of the "Social Security~~	69628
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	69629
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	69630
5165.01 of the Revised Code;	69631

(3) A county home or district home operated pursuant to	69632
Chapter 5155. of the Revised Code.	69633

(B) "Resident" means a resident or a patient of a home.

69634

69635

(1) With respect to a home as defined in section 3721.01 of	69636
the Revised Code, a nursing home administrator as defined in	69637
section 4751.01 of the Revised Code;	69638

(2) With respect to a facility or part of a facility not	69639
defined as a home in section 3721.01 of the Revised Code that is	69640
authorized to provide skilled nursing facility or nursing facility	69641
services, the administrator of the facility or part of a facility;	69642

(3) With respect to a county home or district home, the	69643
superintendent appointed under Chapter 5155. of the Revised Code.	69644

(D) "Sponsor" means an adult relative, friend, or guardian of	69645
a resident who has an interest or responsibility in the resident's	69646
welfare.	69647

(E) "Residents' rights advocate" means:

69648

(1) An employee or representative of any state or local	69649
government entity that has a responsibility regarding residents	69650
and that has registered with the department of health under	69651
division (B) of section 3701.07 of the Revised Code;	69652

(2) An employee or representative of any private nonprofit	69653
corporation or association that qualifies for tax-exempt status	69654
under section 501(a) of the "Internal Revenue Code of 1986," 100	69655
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	69656
with the department of health under division (B) of section	69657
3701.07 of the Revised Code and whose purposes include educating	69658
and counseling residents, assisting residents in resolving	69659
problems and complaints concerning their care and treatment, and	69660
assisting them in securing adequate services to meet their needs;	69661

(3) A member of the general assembly.

69662

(F) "Physical restraint" means, but is not limited to, any	69663
article, device, or garment that interferes with the free movement	69664
of the resident and that the resident is unable to remove easily,	69665
a geriatric chair, or a locked room door.	69666

(G) "Chemical restraint" means any medication bearing the	69667
American hospital formulary service therapeutic class ~~4.00~~4:00,	69668
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	69669
central nervous system in a manner that limits physical and	69670
cognitive functioning to the degree that the resident cannot	69671
attain the resident's highest practicable physical, mental, and	69672
psychosocial well-being.	69673

(H) "Ancillary service" means, but is not limited to,	69674
podiatry, dental, hearing, vision, physical therapy, occupational	69675
therapy, speech therapy, and psychological and social services.	69676

(I) "Facility" means a facility, or part of a facility,	69677
certified as a nursing facility or skilled nursing facility ~~under~~	69678
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	69679
defined in section 5165.01 of the Revised Code." "Facility" does	69680
not include an intermediate care facility for ~~the mentally~~	69681
~~retarded~~individuals with intellectual disabilities, as defined in	69682
section ~~5111.20~~5124.01 of the Revised Code.	69683

~~(J) "Medicare" means the program established by Title XVIII~~	69684
~~of the "Social Security Act."~~	69685

~~(K) "Medicaid" means the program established by Title XIX of~~	69686
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	69687

Sec. 3721.12. (A) The administrator of a home shall:

69688

(1) With the advice of residents, their sponsors, or both,	69689
establish and review at least annually, written policies regarding	69690
the applicability and implementation of residents' rights under	69691
sections 3721.10 to 3721.17 of the Revised Code, the	69692
responsibilities of residents regarding the rights, and the home's	69693
grievance procedure established under division (A)(2) of this	69694
section. The administrator is responsible for the development of,	69695
and adherence to, procedures implementing the policies.	69696

(2) Establish a grievance committee for review of complaints	69697
by residents. The grievance committee shall be comprised of the	69698
home's staff and residents, sponsors, or outside representatives	69699
in a ratio of not more than one staff member to every two	69700
residents, sponsors, or outside representatives.	69701

(3) Furnish to each resident and sponsor prior to or at the	69702
time of admission, and to each member of the home's staff, at	69703
least one of each of the following:	69704

(a) A copy of the rights established under sections 3721.10	69705
to 3721.17 of the Revised Code;	69706

(b) A written explanation of the provisions of sections	69707
3721.16 to 3721.162 of the Revised Code;	69708

(c) A copy of the home's policies and procedures established	69709
under this section;	69710

(d) A copy of the home's rules;

69711

(e) A copy of the addresses and telephone numbers of the	69712
board of health of the health district of the county in which the	69713
home is located, the county department of job and family services	69714
of the county in which the home is located, the state departments	69715
of health and ~~job and family services~~medicaid, the state and	69716
local offices of the department of aging, and any Ohio nursing	69717
home ~~ombudsperson~~ombudsman program.	69718

(B) Written acknowledgment of the receipt of copies of the	69719
materials listed in this section shall be made part of the	69720
resident's record and the staff member's personnel record.	69721

(C) The administrator shall post all of the following	69722
prominently within the home:	69723

(1) A copy of the rights of residents as listed in division	69724
(A) of section 3721.13 of the Revised Code;	69725

(2) A copy of the home's rules and its policies and	69726
procedures regarding the rights and responsibilities of residents;	69727

(3) A notice that a copy of this chapter, rules of the	69728
department of health applicable to the home, and federal	69729
regulations adopted under the medicare and medicaid programs, and	69730
the materials required to be available in the home under section	69731
3721.021 of the Revised Code, are available for inspection in the	69732
home at reasonable hours;	69733

(4) A list of residents' rights advocates;

69734

(5) A notice that the following are available in a place	69735
readily accessible to residents:	69736

(a) If the home is licensed under section 3721.02 of the	69737
Revised Code, a copy of the most recent licensure inspection	69738
report prepared for the home under that section;	69739

(b) If the home is a facility, a copy of the most recent	69740
statement of deficiencies issued to the home under section ~~5111.42~~	69741
5165.68 of the Revised Code.	69742

(D) The administrator of a home may, with the advice of	69743
residents, their sponsors, or both, establish written policies	69744
regarding the applicability and administration of any additional	69745
residents' rights beyond those set forth in sections 3721.10 to	69746
3721.17 of the Revised Code, and the responsibilities of residents	69747
regarding the rights. Policies established under this division	69748
shall be reviewed, and procedures developed and adhered to as in	69749
division (A)(1) of this section.	69750

Sec. 3721.121. (A) As used in this section:

69751

(1) "Adult day-care program" means a program operated	69752
pursuant to rules adopted by the director of health under section	69753
3721.04 of the Revised Code and provided by and on the same site	69754
as homes licensed under this chapter.	69755

(2) "Applicant" means a person who is under final	69756
consideration for employment with a home or adult day-care program	69757
in a full-time, part-time, or temporary position that involves	69758
providing direct care to an older adult. "Applicant" does not	69759
include a person who provides direct care as a volunteer without	69760
receiving or expecting to receive any form of remuneration other	69761
than reimbursement for actual expenses.	69762

(3) "Community-based long-term care services provider" means	69763
a provider as defined in section 173.39 of the Revised Code.	69764

(4) "Criminal records check" has the same meaning as in	69765
section 109.572 of the Revised Code.	69766

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	69767
the Revised Code.	69768

~~(5)~~(6) "Older adult" means a person age sixty or older.

69769

(B)(1) Except as provided in division (I) of this section,	69770
the chief administrator of a home or adult day-care program shall	69771
request that the superintendent of the bureau of criminal	69772
identification and investigation conduct a criminal records check	69773
of each applicant. If an applicant for whom a criminal records	69774
check request is required under this division does not present	69775
proof of having been a resident of this state for the five-year	69776
period immediately prior to the date the criminal records check is	69777
requested or provide evidence that within that five-year period	69778
the superintendent has requested information about the applicant	69779
from the federal bureau of investigation in a criminal records	69780
check, the chief administrator shall request that the	69781
superintendent obtain information from the federal bureau of	69782
investigation as part of the criminal records check of the	69783
applicant. Even if an applicant for whom a criminal records check	69784
request is required under this division presents proof of having	69785
been a resident of this state for the five-year period, the chief	69786
administrator may request that the superintendent include	69787
information from the federal bureau of investigation in the	69788
criminal records check.	69789

(2) A person required by division (B)(1) of this section to	69790
request a criminal records check shall do both of the following:	69791

(a) Provide to each applicant for whom a criminal records	69792
check request is required under that division a copy of the form	69793
prescribed pursuant to division (C)(1) of section 109.572 of the	69794
Revised Code and a standard fingerprint impression sheet	69795
prescribed pursuant to division (C)(2) of that section, and obtain	69796
the completed form and impression sheet from the applicant;	69797

(b) Forward the completed form and impression sheet to the	69798
superintendent of the bureau of criminal identification and	69799
investigation.	69800

(3) An applicant provided the form and fingerprint impression	69801
sheet under division (B)(2)(a) of this section who fails to	69802
complete the form or provide fingerprint impressions shall not be	69803
employed in any position for which a criminal records check is	69804
required by this section.	69805

(C)(1) Except as provided in rules adopted by the director of	69806
health in accordance with division (F) of this section and subject	69807
to division (C)(2) of this section, no home or adult day-care	69808
program shall employ a person in a position that involves	69809
providing direct care to an older adult if the person has been	69810
convicted of or pleaded guilty to any of the following:	69811

(a) A violation of section 2903.01, 2903.02, 2903.03,	69812
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	69813
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	69814
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	69815
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	69816
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	69817
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	69818
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	69819
2925.22, 2925.23, or 3716.11 of the Revised Code.	69820

(b) A violation of an existing or former law of this state,	69821
any other state, or the United States that is substantially	69822
equivalent to any of the offenses listed in division (C)(1)(a) of	69823
this section.	69824

(2)(a) A home or an adult day-care program may employ	69825
conditionally an applicant for whom a criminal records check	69826
request is required under division (B) of this section prior to	69827
obtaining the results of a criminal records check regarding the	69828
individual, provided that the home or program shall request a	69829
criminal records check regarding the individual in accordance with	69830
division (B)(1) of this section not later than five business days	69831
after the individual begins conditional employment. In the	69832
circumstances described in division (I)(2) of this section, a home	69833
or adult day-care program may employ conditionally an applicant	69834
who has been referred to the home or adult day-care program by an	69835
employment service that supplies full-time, part-time, or	69836
temporary staff for positions involving the direct care of older	69837
adults and for whom, pursuant to that division, a criminal records	69838
check is not required under division (B) of this section.	69839

(b) A home or adult day-care program that employs an	69840
individual conditionally under authority of division (C)(2)(a) of	69841
this section shall terminate the individual's employment if the	69842
results of the criminal records check requested under division (B)	69843
of this section or described in division (I)(2) of this section,	69844
other than the results of any request for information from the	69845
federal bureau of investigation, are not obtained within the	69846
period ending thirty days after the date the request is made.	69847
Regardless of when the results of the criminal records check are	69848
obtained, if the results indicate that the individual has been	69849
convicted of or pleaded guilty to any of the offenses listed or	69850
described in division (C)(1) of this section, the home or program	69851
shall terminate the individual's employment unless the home or	69852
program chooses to employ the individual pursuant to division (F)	69853
of this section. Termination of employment under this division	69854
shall be considered just cause for discharge for purposes of	69855
division (D)(2) of section 4141.29 of the Revised Code if the	69856
individual makes any attempt to deceive the home or program about	69857
the individual's criminal record.	69858

(D)(1) Each home or adult day-care program shall pay to the	69859
bureau of criminal identification and investigation the fee	69860
prescribed pursuant to division (C)(3) of section 109.572 of the	69861
Revised Code for each criminal records check conducted pursuant to	69862
a request made under division (B) of this section.	69863

(2) A home or adult day-care program may charge an applicant	69864
a fee not exceeding the amount the home or program pays under	69865
division (D)(1) of this section. A home or program may collect a	69866
fee only if both of the following apply:	69867

(a) The home or program notifies the person at the time of	69868
initial application for employment of the amount of the fee and	69869
that, unless the fee is paid, the person will not be considered	69870
for employment;	69871

(b) The ~~medical assistance~~medicaid program ~~established under~~	69872
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	69873
program the fee it pays under division (D)(1) of this section.	69874

(E) The report of any criminal records check conducted	69875
pursuant to a request made under this section is not a public	69876
record for the purposes of section 149.43 of the Revised Code and	69877
shall not be made available to any person other than the	69878
following:	69879

(1) The individual who is the subject of the criminal records	69880
check or the individual's representative;	69881

(2) The chief administrator of the home or program requesting	69882
the criminal records check or the administrator's representative;	69883

(3) The administrator of any other facility, agency, or	69884
program that provides direct care to older adults that is owned or	69885
operated by the same entity that owns or operates the home or	69886
program;	69887

(4) A court, hearing officer, or other necessary individual	69888
involved in a case dealing with a denial of employment of the	69889
applicant or dealing with employment or unemployment benefits of	69890
the applicant;	69891

(5) Any person to whom the report is provided pursuant to,	69892
and in accordance with, division (I)(1) or (2) of this section;	69893

(6) The board of nursing for purposes of accepting and	69894
processing an application for a medication aide certificate issued	69895
under Chapter 4723. of the Revised Code;	69896

(7) The director of aging or the director's designee if the	69897
criminal records check is requested by the chief administrator of	69898
a home that is also a community-based long-term care services	69899
provider.	69900

(F) In accordance with section 3721.11 of the Revised Code,	69901
the director of health shall adopt rules to implement this	69902
section. The rules shall specify circumstances under which a home	69903
or adult day-care program may employ a person who has been	69904
convicted of or pleaded guilty to an offense listed or described	69905
in division (C)(1) of this section but meets personal character	69906
standards set by the director.	69907

(G) The chief administrator of a home or adult day-care	69908
program shall inform each individual, at the time of initial	69909
application for a position that involves providing direct care to	69910
an older adult, that the individual is required to provide a set	69911
of fingerprint impressions and that a criminal records check is	69912
required to be conducted if the individual comes under final	69913
consideration for employment.	69914

(H) In a tort or other civil action for damages that is	69915
brought as the result of an injury, death, or loss to person or	69916
property caused by an individual who a home or adult day-care	69917
program employs in a position that involves providing direct care	69918
to older adults, all of the following shall apply:	69919

(1) If the home or program employed the individual in good	69920
faith and reasonable reliance on the report of a criminal records	69921
check requested under this section, the home or program shall not	69922
be found negligent solely because of its reliance on the report,	69923
even if the information in the report is determined later to have	69924
been incomplete or inaccurate;	69925

(2) If the home or program employed the individual in good	69926
faith on a conditional basis pursuant to division (C)(2) of this	69927
section, the home or program shall not be found negligent solely	69928
because it employed the individual prior to receiving the report	69929
of a criminal records check requested under this section;	69930

(3) If the home or program in good faith employed the	69931
individual according to the personal character standards	69932
established in rules adopted under division (F) of this section,	69933
the home or program shall not be found negligent solely because	69934
the individual prior to being employed had been convicted of or	69935
pleaded guilty to an offense listed or described in division	69936
(C)(1) of this section.	69937

(I)(1) The chief administrator of a home or adult day-care	69938
program is not required to request that the superintendent of the	69939
bureau of criminal identification and investigation conduct a	69940
criminal records check of an applicant if the applicant has been	69941
referred to the home or program by an employment service that	69942
supplies full-time, part-time, or temporary staff for positions	69943
involving the direct care of older adults and both of the	69944
following apply:	69945

(a) The chief administrator receives from the employment	69946
service or the applicant a report of the results of a criminal	69947
records check regarding the applicant that has been conducted by	69948
the superintendent within the one-year period immediately	69949
preceding the applicant's referral;	69950

(b) The report of the criminal records check demonstrates	69951
that the person has not been convicted of or pleaded guilty to an	69952
offense listed or described in division (C)(1) of this section, or	69953
the report demonstrates that the person has been convicted of or	69954
pleaded guilty to one or more of those offenses, but the home or	69955
adult day-care program chooses to employ the individual pursuant	69956
to division (F) of this section.	69957

(2) The chief administrator of a home or adult day-care	69958
program is not required to request that the superintendent of the	69959
bureau of criminal identification and investigation conduct a	69960
criminal records check of an applicant and may employ the	69961
applicant conditionally as described in this division, if the	69962
applicant has been referred to the home or program by an	69963
employment service that supplies full-time, part-time, or	69964
temporary staff for positions involving the direct care of older	69965
adults and if the chief administrator receives from the employment	69966
service or the applicant a letter from the employment service that	69967
is on the letterhead of the employment service, dated, and signed	69968
by a supervisor or another designated official of the employment	69969
service and that states that the employment service has requested	69970
the superintendent to conduct a criminal records check regarding	69971
the applicant, that the requested criminal records check will	69972
include a determination of whether the applicant has been	69973
convicted of or pleaded guilty to any offense listed or described	69974
in division (C)(1) of this section, that, as of the date set forth	69975
on the letter, the employment service had not received the results	69976
of the criminal records check, and that, when the employment	69977
service receives the results of the criminal records check, it	69978
promptly will send a copy of the results to the home or adult	69979
day-care program. If a home or adult day-care program employs an	69980
applicant conditionally in accordance with this division, the	69981
employment service, upon its receipt of the results of the	69982
criminal records check, promptly shall send a copy of the results	69983
to the home or adult day-care program, and division (C)(2)(b) of	69984
this section applies regarding the conditional employment.	69985

Sec. 3721.13. (A) The rights of residents of a home shall	69986
include, but are not limited to, the following:	69987

(1) The right to a safe and clean living environment pursuant	69988
to the medicare and medicaid programs and applicable state laws	69989
and rules adopted by the director of health;	69990

(2) The right to be free from physical, verbal, mental, and	69991
emotional abuse and to be treated at all times with courtesy,	69992
respect, and full recognition of dignity and individuality;	69993

(3) Upon admission and thereafter, the right to adequate and	69994
appropriate medical treatment and nursing care and to other	69995
ancillary services that comprise necessary and appropriate care	69996
consistent with the program for which the resident contracted.	69997
This care shall be provided without regard to considerations such	69998
as race, color, religion, national origin, age, or source of	69999
payment for care.	70000

(4) The right to have all reasonable requests and inquiries	70001
responded to promptly;	70002

(5) The right to have clothes and bed sheets changed as the	70003
need arises, to ensure the resident's comfort or sanitation;	70004

(6) The right to obtain from the home, upon request, the name	70005
and any specialty of any physician or other person responsible for	70006
the resident's care or for the coordination of care;	70007

(7) The right, upon request, to be assigned, within the	70008
capacity of the home to make the assignment, to the staff	70009
physician of the resident's choice, and the right, in accordance	70010
with the rules and written policies and procedures of the home, to	70011
select as the attending physician a physician who is not on the	70012
staff of the home. If the cost of a physician's services is to be	70013
met under a federally supported program, the physician shall meet	70014
the federal laws and regulations governing such services.	70015

(8) The right to participate in decisions that affect the	70016
resident's life, including the right to communicate with the	70017
physician and employees of the home in planning the resident's	70018
treatment or care and to obtain from the attending physician	70019
complete and current information concerning medical condition,	70020
prognosis, and treatment plan, in terms the resident can	70021
reasonably be expected to understand; the right of access to all	70022
information in the resident's medical record; and the right to	70023
give or withhold informed consent for treatment after the	70024
consequences of that choice have been carefully explained. When	70025
the attending physician finds that it is not medically advisable	70026
to give the information to the resident, the information shall be	70027
made available to the resident's sponsor on the resident's behalf,	70028
if the sponsor has a legal interest or is authorized by the	70029
resident to receive the information. The home is not liable for a	70030
violation of this division if the violation is found to be the	70031
result of an act or omission on the part of a physician selected	70032
by the resident who is not otherwise affiliated with the home.	70033

(9) The right to withhold payment for physician visitation if	70034
the physician did not visit the resident;	70035

(10) The right to confidential treatment of personal and	70036
medical records, and the right to approve or refuse the release of	70037
these records to any individual outside the home, except in case	70038
of transfer to another home, hospital, or health care system, as	70039
required by law or rule, or as required by a third-party payment	70040
contract;	70041

(11) The right to privacy during medical examination or	70042
treatment and in the care of personal or bodily needs;	70043

(12) The right to refuse, without jeopardizing access to	70044
appropriate medical care, to serve as a medical research subject;	70045

(13) The right to be free from physical or chemical	70046
restraints or prolonged isolation except to the minimum extent	70047
necessary to protect the resident from injury to self, others, or	70048
to property and except as authorized in writing by the attending	70049
physician for a specified and limited period of time and	70050
documented in the resident's medical record. Prior to authorizing	70051
the use of a physical or chemical restraint on any resident, the	70052
attending physician shall make a personal examination of the	70053
resident and an individualized determination of the need to use	70054
the restraint on that resident.	70055

Physical or chemical restraints or isolation may be used in	70056
an emergency situation without authorization of the attending	70057
physician only to protect the resident from injury to self or	70058
others. Use of the physical or chemical restraints or isolation	70059
shall not be continued for more than twelve hours after the onset	70060
of the emergency without personal examination and authorization by	70061
the attending physician. The attending physician or a staff	70062
physician may authorize continued use of physical or chemical	70063
restraints for a period not to exceed thirty days, and at the end	70064
of this period and any subsequent period may extend the	70065
authorization for an additional period of not more than thirty	70066
days. The use of physical or chemical restraints shall not be	70067
continued without a personal examination of the resident and the	70068
written authorization of the attending physician stating the	70069
reasons for continuing the restraint.	70070

If physical or chemical restraints are used under this	70071
division, the home shall ensure that the restrained resident	70072
receives a proper diet. In no event shall physical or chemical	70073
restraints or isolation be used for punishment, incentive, or	70074
convenience.	70075

(14) The right to the pharmacist of the resident's choice and	70076
the right to receive pharmaceutical supplies and services at	70077
reasonable prices not exceeding applicable and normally accepted	70078
prices for comparably packaged pharmaceutical supplies and	70079
services within the community;	70080

(15) The right to exercise all civil rights, unless the	70081
resident has been adjudicated incompetent pursuant to Chapter	70082
2111. of the Revised Code and has not been restored to legal	70083
capacity, as well as the right to the cooperation of the home's	70084
administrator in making arrangements for the exercise of the right	70085
to vote;	70086

(16) The right of access to opportunities that enable the	70087
resident, at the resident's own expense or at the expense of a	70088
third-party payer, to achieve the resident's fullest potential,	70089
including educational, vocational, social, recreational, and	70090
habilitation programs;	70091

(17) The right to consume a reasonable amount of alcoholic	70092
beverages at the resident's own expense, unless not medically	70093
advisable as documented in the resident's medical record by the	70094
attending physician or unless contradictory to written admission	70095
policies;	70096

(18) The right to use tobacco at the resident's own expense	70097
under the home's safety rules and under applicable laws and rules	70098
of the state, unless not medically advisable as documented in the	70099
resident's medical record by the attending physician or unless	70100
contradictory to written admission policies;	70101

(19) The right to retire and rise in accordance with the	70102
resident's reasonable requests, if the resident does not disturb	70103
others or the posted meal schedules and upon the home's request	70104
remains in a supervised area, unless not medically advisable as	70105
documented by the attending physician;	70106

(20) The right to observe religious obligations and	70107
participate in religious activities; the right to maintain	70108
individual and cultural identity; and the right to meet with and	70109
participate in activities of social and community groups at the	70110
resident's or the group's initiative;	70111

(21) The right upon reasonable request to private and	70112
unrestricted communications with the resident's family, social	70113
worker, and any other person, unless not medically advisable as	70114
documented in the resident's medical record by the attending	70115
physician, except that communications with public officials or	70116
with the resident's attorney or physician shall not be restricted.	70117
Private and unrestricted communications shall include, but are not	70118
limited to, the right to:	70119

(a) Receive, send, and mail sealed, unopened correspondence;

70120

(b) Reasonable access to a telephone for private	70121
communications;	70122

70123

(22) The right to assured privacy for visits by the spouse,	70124
or if both are residents of the same home, the right to share a	70125
room within the capacity of the home, unless not medically	70126
advisable as documented in the resident's medical record by the	70127
attending physician;	70128

(23) The right upon reasonable request to have room doors	70129
closed and to have them not opened without knocking, except in the	70130
case of an emergency or unless not medically advisable as	70131
documented in the resident's medical record by the attending	70132
physician;	70133

(24) The right to retain and use personal clothing and a	70134
reasonable amount of possessions, in a reasonably secure manner,	70135
unless to do so would infringe on the rights of other residents or	70136
would not be medically advisable as documented in the resident's	70137
medical record by the attending physician;	70138

(25) The right to be fully informed, prior to or at the time	70139
of admission and during the resident's stay, in writing, of the	70140
basic rate charged by the home, of services available in the home,	70141
and of any additional charges related to such services, including	70142
charges for services not covered under the medicare or medicaid	70143
program. The basic rate shall not be changed unless thirty days'	70144
notice is given to the resident or, if the resident is unable to	70145
understand this information, to the resident's sponsor.	70146

(26) The right of the resident and person paying for the care	70147
to examine and receive a bill at least monthly for the resident's	70148
care from the home that itemizes charges not included in the basic	70149
rates;	70150

(27)(a) The right to be free from financial exploitation;

70151

(b) The right to manage the resident's own personal financial	70152
affairs, or, if the resident has delegated this responsibility in	70153
writing to the home, to receive upon written request at least a	70154
quarterly accounting statement of financial transactions made on	70155
the resident's behalf. The statement shall include:	70156

(i) A complete record of all funds, personal property, or	70157
possessions of a resident from any source whatsoever, that have	70158
been deposited for safekeeping with the home for use by the	70159
resident or the resident's sponsor;	70160

(ii) A listing of all deposits and withdrawals transacted,	70161
which shall be substantiated by receipts which shall be available	70162
for inspection and copying by the resident or sponsor.	70163

(28) The right of the resident to be allowed unrestricted	70164
access to the resident's property on deposit at reasonable hours,	70165
unless requests for access to property on deposit are so	70166
persistent, continuous, and unreasonable that they constitute a	70167
nuisance;	70168

(29) The right to receive reasonable notice before the	70169
resident's room or roommate is changed, including an explanation	70170
of the reason for either change.	70171

(30) The right not to be transferred or discharged from the	70172
home unless the transfer is necessary because of one of the	70173
following:	70174

(a) The welfare and needs of the resident cannot be met in	70175
the home.	70176

(b) The resident's health has improved sufficiently so that	70177
the resident no longer needs the services provided by the home.	70178

70179

(d) The health of individuals in the home would otherwise be	70180
endangered.	70181

(e) The resident has failed, after reasonable and appropriate	70182
notice, to pay or to have the medicare or medicaid program pay on	70183
the resident's behalf, for the care provided by the home. A	70184
resident shall not be considered to have failed to have the	70185
resident's care paid for if the resident has applied for medicaid,	70186
unless both of the following are the case:	70187

(i) The resident's application, or a substantially similar	70188
previous application, has been denied ~~by the county department of~~	70189
~~job and family services~~.	70190

(ii) If the resident appealed the denial ~~pursuant to division~~	70191
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	70192
~~and family services has upheld~~ the denial was upheld.	70193

(f) The home's license has been revoked, the home is being	70194
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	70195
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	70196
home otherwise ceases to operate.	70197

(g) The resident is a recipient of medicaid, and the home's	70198
participation in the medicaid program is involuntarily terminated	70199
or denied.	70200

(h) The resident is a beneficiary under the medicare program,	70201
and the home's participation in the medicare program is	70202
involuntarily terminated or denied.	70203

(31) The right to voice grievances and recommend changes in	70204
policies and services to the home's staff, to employees of the	70205
department of health, or to other persons not associated with the	70206
operation of the home, of the resident's choice, free from	70207
restraint, interference, coercion, discrimination, or reprisal.	70208
This right includes access to a residents' rights advocate, and	70209
the right to be a member of, to be active in, and to associate	70210
with persons who are active in organizations of relatives and	70211
friends of nursing home residents and other organizations engaged	70212
in assisting residents.	70213

(32) The right to have any significant change in the	70214
resident's health status reported to the resident's sponsor. As	70215
soon as such a change is known to the home's staff, the home shall	70216
make a reasonable effort to notify the sponsor within twelve	70217
hours.	70218

(B) A sponsor may act on a resident's behalf to assure that	70219
the home does not deny the residents' rights under sections	70220
3721.10 to 3721.17 of the Revised Code.	70221

(C) Any attempted waiver of the rights listed in division (A)	70222
of this section is void.	70223

Sec. 3721.14. To assist in the implementation of the rights	70224
granted in division (A) of section 3721.13 of the Revised Code,	70225
each home shall provide:	70226

(A) Appropriate staff training to implement each resident's	70227
rights under division (A) of section 3721.13 of the Revised Code,	70228
including, but not limited to, explaining:	70229

(1) The resident's rights and the staff's responsibility in	70230
the implementation of the rights;	70231

(2) The staff's obligation to provide all residents who have	70232
similar needs with comparable service.	70233

(B) Arrangements for a resident's needed ancillary services;

70234

(C) Protected areas outside the home for residents to enjoy	70235
outdoor activity, within the capacity of the facility, consistent	70236
with applicable laws and rules;	70237

(D) Adequate indoor space, which need not be dedicated to	70238
that purpose, for families of residents to meet privately with	70239
families of other residents;	70240

(E) Access to the following persons to enter the home during	70241
reasonable hours, except where such access would interfere with	70242
resident care or the privacy of residents:	70243

(1) Employees of the department of health, department of	70244
~~mental health~~mental health and addiction services, department of	70245
developmental disabilities, department of aging, department of job	70246
and family services, and county departments of job and family	70247
services;	70248

(2) Prospective residents and their sponsors;

70249

(3) A resident's sponsors;

70250

(4) Residents' rights advocates;

70251

(5) A resident's attorney;

70252

(6) A minister, priest, rabbi, or other person ministering to	70253
a resident's religious needs.	70254

(F) In writing, a description of the home's grievance	70255
procedures.	70256

Sec. 3721.15. (A) Authorization from a resident or a sponsor	70257
with a power of attorney for a home to manage the resident's	70258
financial affairs shall be in writing and shall be attested to by	70259
a witness who is not connected in any manner whatsoever with the	70260
home or its administrator. The home shall maintain accounts	70261
pursuant to division (A)(27) of section 3721.13 of the Revised	70262
Code. Upon the resident's transfer, discharge, or death, the	70263
account shall be closed and a final accounting made. All remaining	70264
funds shall be returned to the resident or resident's sponsor,	70265
except in the case of death, when all remaining funds shall be	70266
transferred or used in accordance with section ~~5111.113~~5162.22 of	70267
the Revised Code.	70268

(B) A home that manages a resident's financial affairs shall	70269
deposit the resident's funds in excess of one ~~hundred~~thousand	70270
dollars, and may deposit the resident's funds that are one ~~hundred~~	70271
thousand dollars or less, in an interest-bearing account separate	70272
from any of the home's operating accounts. Interest earned on the	70273
resident's funds shall be credited to the resident's account. A	70274
resident's funds that are one ~~hundred~~thousand dollars or less and	70275
have not been deposited in an interest-bearing account may be	70276
deposited in a noninterest-bearing account or petty cash fund.	70277

(C) Each resident whose financial affairs are managed by a	70278
home shall be promptly notified by the home when the total of the	70279
amount of funds in the resident's accounts and the petty cash fund	70280
plus other nonexempt resources reaches two hundred dollars less	70281
than the maximum amount permitted a recipient of medicaid. The	70282
notice shall include an explanation of the potential effect on the	70283
resident's eligibility for medicaid if the amount in the	70284
resident's accounts and the petty cash fund, plus the value of	70285
other nonexempt resources, exceeds the maximum assets a medicaid	70286
recipient may retain.	70287

(D) Each home that manages the financial affairs of residents	70288
shall purchase a surety bond or otherwise provide assurance	70289
satisfactory to the director of health, or, in the case of a home	70290
that participates in the medicaid program, to the medicaid	70291
director ~~of job and family services~~, to assure the security of all	70292
residents' funds managed by the home.	70293

Sec. 3721.16. For each resident of a home, notice of a	70294
proposed transfer or discharge shall be in accordance with this	70295
section.	70296

(A)(1) The administrator of a home shall notify a resident in	70297
writing, and the resident's sponsor in writing by certified mail,	70298
return receipt requested, in advance of any proposed transfer or	70299
discharge from the home. The administrator shall send a copy of	70300
the notice to the state department of health. The notice shall be	70301
provided at least thirty days in advance of the proposed transfer	70302
or discharge, unless any of the following applies:	70303

(a) The resident's health has improved sufficiently to allow	70304
a more immediate discharge or transfer to a less skilled level of	70305
care;	70306

(b) The resident has resided in the home less than thirty	70307
days;	70308

(c) An emergency arises in which the safety of individuals in	70309
the home is endangered;	70310

(d) An emergency arises in which the health of individuals in	70311
the home would otherwise be endangered;	70312

(e) An emergency arises in which the resident's urgent	70313
medical needs necessitate a more immediate transfer or discharge.	70314

In any of the circumstances described in divisions (A)(1)(a)	70315
to (e) of this section, the notice shall be provided as many days	70316
in advance of the proposed transfer or discharge as is	70317
practicable.	70318

(2) The notice required under division (A)(1) of this section	70319
shall include all of the following:	70320

(a) The reasons for the proposed transfer or discharge;

70321

(b) The proposed date the resident is to be transferred or	70322
discharged;	70323

(c) Subject to division (A)(3) of this section, a proposed	70324
location to which the resident may relocate and a notice that the	70325
resident and resident's sponsor may choose another location to	70326
which the resident will relocate;	70327

(d) Notice of the right of the resident and the resident's	70328
sponsor to an impartial hearing at the home on the proposed	70329
transfer or discharge, and of the manner in which and the time	70330
within which the resident or sponsor may request a hearing	70331
pursuant to section 3721.161 of the Revised Code;	70332

(e) A statement that the resident will not be transferred or	70333
discharged before the date specified in the notice unless the home	70334
and the resident or, if the resident is not competent to make a	70335
decision, the home and the resident's sponsor, agree to an earlier	70336
date;	70337

(f) The address of the legal services office of the	70338
department of health;	70339

(g) The name, address, and telephone number of a	70340
representative of the state long-term care ~~ombudsperson~~ombudsman	70341
program and, if the resident or patient has a developmental	70342
disability or mental illness, the name, address, and telephone	70343
number of the Ohio protection and advocacy system.	70344

(3) The proposed location to which a resident may relocate as	70345
specified pursuant to division (A)(2)(c) of this section in the	70346
proposed transfer or discharge notice shall be capable of meeting	70347
the resident's health-care and safety needs. The proposed location	70348
for relocation need not have accepted the resident at the time the	70349
notice is issued to the resident and resident's sponsor.	70350

(B) No home shall transfer or discharge a resident before the	70351
date specified in the notice required by division (A) of this	70352
section unless the home and the resident or, if the resident is	70353
not competent to make a decision, the home and the resident's	70354
sponsor, agree to an earlier date.	70355

(C) Transfer or discharge actions shall be documented in the	70356
resident's medical record by the home if there is a medical basis	70357
for the action.	70358

(D) A resident or resident's sponsor may challenge a transfer	70359
or discharge by requesting an impartial hearing pursuant to	70360
section 3721.161 of the Revised Code, unless the transfer or	70361
discharge is required because of one of the following reasons:	70362

(1) The home's license has been revoked under this chapter;

70363

(2) The home is being closed pursuant to section 3721.08,	70364
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	70365
the Revised Code;	70366

(3) The resident is a recipient of medicaid and the home's	70367
participation in the medicaid program has been involuntarily	70368
terminated or denied by the federal government;	70369

(4) The resident is a beneficiary under the medicare program	70370
and the home's certification under the medicare program has been	70371
involuntarily terminated or denied by the federal government.	70372

(E) If a resident is transferred or discharged pursuant to	70373
this section, the home from which the resident is being	70374
transferred or discharged shall provide the resident with adequate	70375
preparation prior to the transfer or discharge to ensure a safe	70376
and orderly transfer or discharge from the home, and the home or	70377
alternative setting to which the resident is to be transferred or	70378
discharged shall have accepted the resident for transfer or	70379
discharge.	70380

(F) At the time of a transfer or discharge of a resident who	70381
is a recipient of medicaid from a home to a hospital or for	70382
therapeutic leave, the home shall provide notice in writing to the	70383
resident and in writing by certified mail, return receipt	70384
requested, to the resident's sponsor, specifying the number of	70385
days, if any, during which the resident will be permitted under	70386
the medicaid program to return and resume residence in the home	70387
and specifying the medicaid program's coverage of the days during	70388
which the resident is absent from the home. An individual who is	70389
absent from a home for more than the number of days specified in	70390
the notice and continues to require the services provided by the	70391
facility shall be given priority for the first available bed in a	70392
semi-private room.	70393

Sec. 3721.17. (A) Any resident who believes that the	70394
resident's rights under sections 3721.10 to 3721.17 of the Revised	70395
Code have been violated may file a grievance under procedures	70396
adopted pursuant to division (A)(2) of section 3721.12 of the	70397
Revised Code.	70398

When the grievance committee determines a violation of	70399
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	70400
shall notify the administrator of the home. If the violation	70401
cannot be corrected within ten days, or if ten days have elapsed	70402
without correction of the violation, the grievance committee shall	70403
refer the matter to the department of health.	70404

(B) Any person who believes that a resident's rights under	70405
sections 3721.10 to 3721.17 of the Revised Code have been violated	70406
may report or cause reports to be made of the information directly	70407
to the department of health. No person who files a report is	70408
liable for civil damages resulting from the report.	70409

(C)(1) Within thirty days of receiving a complaint under this	70410
section, the department of health shall investigate any complaint	70411
referred to it by a home's grievance committee and any complaint	70412
from any source that alleges that the home provided substantially	70413
less than adequate care or treatment, or substantially unsafe	70414
conditions, or, within seven days of receiving a complaint, refer	70415
it to the attorney general, if the attorney general agrees to	70416
investigate within thirty days.	70417

(2) Within thirty days of receiving a complaint under this	70418
section, the department of health may investigate any alleged	70419
violation of sections 3721.10 to 3721.17 of the Revised Code, or	70420
of rules, policies, or procedures adopted pursuant to those	70421
sections, not covered by division (C)(1) of this section, or it	70422
may, within seven days of receiving a complaint, refer the	70423
complaint to the grievance committee at the home where the alleged	70424
violation occurred, or to the attorney general if the attorney	70425
general agrees to investigate within thirty days.	70426

(D) If, after an investigation, the department of health	70427
finds probable cause to believe that a violation of sections	70428
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	70429
procedures adopted pursuant to those sections, has occurred at a	70430
home that is certified under the medicare or medicaid program, it	70431
shall cite one or more findings or deficiencies under sections	70432
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	70433
home is not so certified, the department shall hold an	70434
adjudicative hearing within thirty days under Chapter 119. of the	70435
Revised Code.	70436

(E) Upon a finding at an adjudicative hearing under division	70437
(D) of this section that a violation of sections 3721.10 to	70438
3721.17 of the Revised Code, or of rules, policies, or procedures	70439
adopted pursuant thereto, has occurred, the department of health	70440
shall make an order for compliance, set a reasonable time for	70441
compliance, and assess a fine pursuant to division (F) of this	70442
section. The fine shall be paid to the general revenue fund only	70443
if compliance with the order is not shown to have been made within	70444
the reasonable time set in the order. The department of health may	70445
issue an order prohibiting the continuation of any violation of	70446
sections 3721.10 to 3721.17 of the Revised Code.	70447

Findings at the hearings conducted under this section may be	70448
appealed pursuant to Chapter 119. of the Revised Code, except that	70449
an appeal may be made to the court of common pleas of the county	70450
in which the home is located.	70451

The department of health shall initiate proceedings in court	70452
to collect any fine assessed under this section that is unpaid	70453
thirty days after the violator's final appeal is exhausted.	70454

(F) Any home found, pursuant to an adjudication hearing under	70455
division (D) of this section, to have violated sections 3721.10 to	70456
3721.17 of the Revised Code, or rules, policies, or procedures	70457
adopted pursuant to those sections may be fined not less than one	70458
hundred nor more than five hundred dollars for a first offense.	70459
For each subsequent offense, the home may be fined not less than	70460
two hundred nor more than one thousand dollars.	70461

A violation of sections 3721.10 to 3721.17 of the Revised	70462
Code is a separate offense for each day of the violation and for	70463
each resident who claims the violation.	70464

(G) No home or employee of a home shall retaliate against any	70465
person who:	70466

(1) Exercises any right set forth in sections 3721.10 to	70467
3721.17 of the Revised Code, including, but not limited to, filing	70468
a complaint with the home's grievance committee or reporting an	70469
alleged violation to the department of health;	70470

(2) Appears as a witness in any hearing conducted under this	70471
section or section 3721.162 of the Revised Code;	70472

(3) Files a civil action alleging a violation of sections	70473
3721.10 to 3721.17 of the Revised Code, or notifies a county	70474
prosecuting attorney or the attorney general of a possible	70475
violation of sections 3721.10 to 3721.17 of the Revised Code.	70476

If, under the procedures outlined in this section, a home or	70477
its employee is found to have retaliated, the violator may be	70478
fined up to one thousand dollars.	70479

(H) When legal action is indicated, any evidence of criminal	70480
activity found in an investigation under division (C) of this	70481
section shall be given to the prosecuting attorney in the county	70482
in which the home is located for investigation.	70483

(I)(1)(a) Any resident whose rights under sections 3721.10 to	70484
3721.17 of the Revised Code are violated has a cause of action	70485
against any person or home committing the violation.	70486

(b) An action under division (I)(1)(a) of this section may be	70487
commenced by the resident or by the resident's legal guardian or	70488
other legally authorized representative on behalf of the resident	70489
or the resident's estate. If the resident or the resident's legal	70490
guardian or other legally authorized representative is unable to	70491
commence an action under that division on behalf of the resident,	70492
the following persons in the following order of priority have the	70493
right to and may commence an action under that division on behalf	70494
of the resident or the resident's estate:	70495

(i) The resident's spouse;

70496

(ii) The resident's parent or adult child;

70497

(iii) The resident's guardian if the resident is a minor	70498
child;	70499

(iv) The resident's brother or sister;

70500

(v) The resident's niece, nephew, aunt, or uncle.

70501

(c) Notwithstanding any law as to priority of persons	70502
entitled to commence an action, if more than one eligible person	70503
within the same level of priority seeks to commence an action on	70504
behalf of a resident or the resident's estate, the court shall	70505
determine, in the best interest of the resident or the resident's	70506
estate, the individual to commence the action. A court's	70507
determination under this division as to the person to commence an	70508
action on behalf of a resident or the resident's estate shall bar	70509
another person from commencing the action on behalf of the	70510
resident or the resident's estate.	70511

(d) The result of an action commenced pursuant to division	70512
(I)(1)(a) of this section by a person authorized under division	70513
(I)(1)(b) of this section shall bind the resident or the	70514
resident's estate that is the subject of the action.	70515

(e) A cause of action under division (I)(1)(a) of this	70516
section shall accrue, and the statute of limitations applicable to	70517
that cause of action shall begin to run, based upon the violation	70518
of a resident's rights under sections 3721.10 to 3721.17 of the	70519
Revised Code, regardless of the party commencing the action on	70520
behalf of the resident or the resident's estate as authorized	70521
under divisions (I)(1)(b) and (c) of this section.	70522

(2)(a) The plaintiff in an action filed under division (I)(1)	70523
of this section may obtain injunctive relief against the violation	70524
of the resident's rights. The plaintiff also may recover	70525
compensatory damages based upon a showing, by a preponderance of	70526
the evidence, that the violation of the resident's rights resulted	70527
from a negligent act or omission of the person or home and that	70528
the violation was the proximate cause of the resident's injury,	70529
death, or loss to person or property.	70530

(b) If compensatory damages are awarded for a violation of	70531
the resident's rights, section 2315.21 of the Revised Code shall	70532
apply to an award of punitive or exemplary damages for the	70533
violation.	70534

(c) The court, in a case in which only injunctive relief is	70535
granted, may award to the prevailing party reasonable attorney's	70536
fees limited to the work reasonably performed.	70537

(3) Division (I)(2) (b) of this section shall be considered	70538
to be purely remedial in operation and shall be applied in a	70539
remedial manner in any civil action in which this section is	70540
relevant, whether the action is pending in court or commenced on	70541
or after July 9, 1998.	70542

(4) Within thirty days after the filing of a complaint in an	70543
action for damages brought against a home under division (I)(1)(a)	70544
of this section by or on behalf of a resident or former resident	70545
of the home, the plaintiff or plaintiff's counsel shall send	70546
written notice of the filing of the complaint to the department of	70547
~~job and family services~~medicaid if the department has a right of	70548
recovery under section ~~5101.58~~5160.37 of the Revised Code against	70549
the liability of the home for the cost of ~~medical~~medicaid	70550
services ~~and care~~ arising out of injury, disease, or disability of	70551
the resident or former resident.	70552

Sec. 3721.19. (A) As used in this section:

70553

(1) "Home" and "residential care facility" have the same	70554
meanings as in section 3721.01 of the Revised Code;	70555

(2) "Provider agreement" has the same meaning as in section	70556
5165.01 of the Revised Code.	70557

(3) "Sponsor" and "residents' rights advocate" have the same	70558
meanings as in section 3721.10 of the Revised Code.	70559

A home licensed under this chapter that is not a party to a	70560
provider agreement~~, as defined in section 5111.20 of the Revised~~	70561
~~Code,~~ shall provide each prospective resident, before admission,	70562
with the following information, orally and in a separate written	70563
notice on which is printed in a conspicuous manner: "This home is	70564
not a participant in the ~~medical assistance~~medicaid program	70565
administered by the Ohio department of ~~job and family services~~	70566
medicaid. Consequently, you may be discharged from this home if	70567
you are unable to pay for the services provided by this home."	70568

If the prospective resident has a sponsor whose identity is	70569
made known to the home, the home shall also inform the sponsor,	70570
before admission of the resident, of the home's status relative to	70571
the ~~medical assistance~~medicaid program. Written acknowledgement	70572
of the receipt of the information shall be provided by the	70573
resident and, if the prospective resident has a sponsor who has	70574
been identified to the home, by the sponsor. The written	70575
acknowledgement shall be made part of the resident's record by the	70576
home.	70577

No home shall terminate its ~~status as a~~ provider ~~under the~~	70578
~~medicaid program~~agreement unless it has complied with section	70579
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	70580
prior to such termination, provided written notice to the	70581
residents of the home and their sponsors of such action. This	70582
requirement shall not apply in cases where the department of ~~job~~	70583
~~and family services~~medicaid terminates a home's provider	70584
agreement or provider status.	70585

(B) A home licensed under this chapter as a residential care	70586
facility shall provide notice to each prospective resident or the	70587
individual's sponsor of the services offered by the facility and	70588
the types of skilled nursing care that the facility may provide. A	70589
residential care facility that, pursuant to section 3721.012 of	70590
the Revised Code, has a policy of entering into risk agreements	70591
with residents or their sponsors shall provide each prospective	70592
resident or the individual's sponsor a written explanation of the	70593
policy and the provisions that may be contained in a risk	70594
agreement. At the time the information is provided, the facility	70595
shall obtain a statement signed by the individual receiving the	70596
information acknowledging that the individual received the	70597
information. The facility shall maintain on file the individual's	70598
signed statement.	70599

(C) A resident has a cause of action against a home for	70600
breach of any duty imposed by this section. The action may be	70601
commenced by the resident, or on the resident's behalf by the	70602
resident's sponsor or a residents' rights advocate, by the filing	70603
of a civil action in the court of common pleas of the county in	70604
which the home is located, or in the court of common pleas of	70605
Franklin county.	70606

If the court finds that a breach of any duty imposed by this	70607
section has occurred, the court shall enjoin the home from	70608
discharging the resident from the home until arrangements	70609
satisfactory to the court are made for the orderly transfer of the	70610
resident to another mode of health care including, but not limited	70611
to, another home, and may award the resident and a person or	70612
public agency that brings an action on behalf of a resident	70613
reasonable attorney's fees. If a home discharges a resident to	70614
whom or to whose sponsor information concerning its status	70615
relative to the ~~medical assistance~~medicaid program was not	70616
provided as required under this section, the court shall grant any	70617
appropriate relief including, but not limited to, actual damages,	70618
reasonable attorney's fees, and costs.	70619

Sec. 3727.01. (A) As used in this section, "health	70620
maintenance organization" means a public or private organization	70621
organized under the law of any state that is qualified under	70622
section 1310(d) of Title XIII of the "Public Health Service Act,"	70623
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	70624
following:	70625

(1) Provides or otherwise makes available to enrolled	70626
participants health care services including at least the following	70627
basic health care services: usual physician services,	70628
hospitalization, laboratory, x-ray, emergency and preventive	70629
service, and out-of-area coverage;	70630

(2) Is compensated, except for copayments, for the provision	70631
of basic health care services to enrolled participants by a	70632
payment that is paid on a periodic basis without regard to the	70633
date the health care services are provided and that is fixed	70634
without regard to the frequency, extent, or kind of health service	70635
actually provided;	70636

(3) Provides physician services primarily in either of the	70637
following ways:	70638

(a) Directly through physicians who are either employees or	70639
partners of the organization;	70640

(b) Through arrangements with individual physicians or one or	70641
more groups of physicians organized on a group-practice or	70642
individual-practice basis.	70643

(B) As used in this chapter:

70644

(1) "Children's hospital" means any of the following:

70645

(a) A hospital registered under section 3701.07 of the	70646
Revised Code that provides general pediatric medical and surgical	70647
care, and in which at least seventy-five per cent of annual	70648
inpatient discharges for the preceding two calendar years were	70649
individuals less than eighteen years of age;	70650

(b) A distinct portion of a hospital registered under section	70651
3701.07 of the Revised Code that provides general pediatric	70652
medical and surgical care, has a total of at least one hundred	70653
fifty registered pediatric special care and pediatric acute care	70654
beds, and in which at least seventy-five per cent of annual	70655
inpatient discharges for the preceding two calendar years were	70656
individuals less than eighteen years of age;	70657

(c) A distinct portion of a hospital, if the hospital is	70658
registered under section 3701.07 of the Revised Code as a	70659
children's hospital and the children's hospital meets all the	70660
requirements of division (B)(1)(a) of this section.	70661

(2) "Hospital" means an institution classified as a hospital	70662
under section 3701.07 of the Revised Code in which are provided to	70663
inpatients diagnostic, medical, surgical, obstetrical,	70664
psychiatric, or rehabilitation care for a continuous period longer	70665
than twenty-four hours or a hospital operated by a health	70666
maintenance organization. "Hospital" does not include a facility	70667
licensed under Chapter 3721. of the Revised Code, a health care	70668
facility operated by the department of ~~mental health~~mental health	70669
and addiction services or the department of developmental	70670
disabilities, a health maintenance organization that does not	70671
operate a hospital, the office of any private licensed health care	70672
professional, whether organized for individual or group practice,	70673
or a clinic that provides ambulatory patient services and where	70674
patients are not regularly admitted as inpatients. "Hospital" also	70675
does not include an institution for the sick that is operated	70676
exclusively for patients who use spiritual means for healing and	70677
for whom the acceptance of medical care is inconsistent with their	70678
religious beliefs, accredited by a national accrediting	70679
organization, exempt from federal income taxation under section	70680
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	70681
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	70682
care pursuant to the exemption in division (E) of section 4723.32	70683
of the Revised Code from the licensing requirements of Chapter	70684
4723. of the Revised Code.	70685

(3) "Joint commission" means the commission formerly known as	70686
the joint commission on accreditation of healthcare organizations	70687
or the joint commission on accreditation of hospitals.	70688

Sec. 3734.28. Except as otherwise provided in sections	70689
3734.281 and 3734.282 of the Revised Code, moneys collected under	70690
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	70691
of the Revised Code and under the "Comprehensive Environmental	70692
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	70693
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	70694
under division (B)(1) of this section, shall be paid into the	70695
state treasury to the credit of the hazardous waste clean-up fund,	70696
which is hereby created. In addition, both of the following shall	70697
be credited to the fund:	70698

(A) Moneys recovered for costs paid from the fund for	70699
activities described in divisions (A)(1) and (2) of section	70700
3745.12 of the Revised Code;	70701

(B) Natural resource damage assessment costs recovered under	70702
any of the following:	70703

(1) The "Comprehensive Environmental Response, Compensation,	70704
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	70705
seq., as amended;	70706

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	70707
2701, et seq., as amended;	70708

(3) The ~~Federal Water Pollution Control Act as defined in~~	70709
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	70710
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	70711

(4) Any other applicable federal or state law.

70712

The environmental protection agency shall use the moneys in	70713
the fund for the purposes set forth in division (D) of section	70714
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	70715
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	70716
and Chapter 3746. of the Revised Code, including any related	70717
enforcement expenses and administrative expenses of any related	70718
closure or corrective action program. In addition, the agency	70719
shall use the moneys in the fund to pay the state's long-term	70720
operation and maintenance costs or matching share for actions	70721
taken under the "Comprehensive Environmental Response,	70722
Compensation, and Liability Act of 1980," as amended. If those	70723
moneys are reimbursed by grants or other moneys from the United	70724
States or any other person, the moneys shall be placed in the fund	70725
and not in the general revenue fund.	70726

The director of environmental protection may enter into	70727
contracts and grant agreements with federal, state, or local	70728
government agencies, nonprofit organizations, and colleges and	70729
universities for the purpose of carrying out the responsibilities	70730
of the environmental protection agency for which money may be	70731
expended from the fund.	70732

Sec. 3734.57. (A) The following fees are hereby levied on	70733
the transfer or disposal of solid wastes in this state:	70734

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	70735
thirty per cent of the proceeds of which shall be deposited in the	70736
state treasury to the credit of the hazardous waste facility	70737
management fund created in section 3734.18 of the Revised Code and	70738
~~one-half~~seventy per cent of the proceeds of which shall be	70739
deposited in the state treasury to the credit of the hazardous	70740
waste clean-up fund created in section 3734.28 of the Revised	70741
Code;	70742

(2) An additional one dollar per ton through June 30, ~~2014~~	70743
2016, the proceeds of which shall be deposited in the state	70744
treasury to the credit of the solid waste fund, which is hereby	70745
created. The environmental protection agency shall use money in	70746
the solid waste fund to pay the costs of administering and	70747
enforcing the laws pertaining to solid wastes, infectious wastes,	70748
and construction and demolition debris, including, without	70749
limitation, ground water evaluations related to solid wastes,	70750
infectious wastes, and construction and demolition debris, under	70751
this chapter and Chapter 3714. of the Revised Code and any rules	70752
adopted under them, providing compliance assistance to small	70753
businesses, and paying a share of the administrative costs of the	70754
environmental protection agency pursuant to section 3745.014 of	70755
the Revised Code.	70756

(3) An additional two dollars and fifty cents per ton through	70757
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	70758
the state treasury to the credit of the environmental protection	70759
fund created in section 3745.015 of the Revised Code;	70760

(4) An additional twenty-five cents per ton through June 30,	70761
~~2013~~2016, the proceeds of which shall be deposited in the state	70762
treasury to the credit of the soil and water conservation district	70763
assistance fund created in section 1515.14 of the Revised Code.	70764

In the case of solid wastes that are taken to a solid waste	70765
transfer facility located in this state prior to being transported	70766
for disposal at a solid waste disposal facility located in this	70767
state or outside of this state, the fees levied under this	70768
division shall be collected by the owner or operator of the	70769
transfer facility as a trustee for the state. The amount of fees	70770
required to be collected under this division at such a transfer	70771
facility shall equal the total tonnage of solid wastes received at	70772
the facility multiplied by the fees levied under this division. In	70773
the case of solid wastes that are not taken to a solid waste	70774
transfer facility located in this state prior to being transported	70775
to a solid waste disposal facility, the fees shall be collected by	70776
the owner or operator of the solid waste disposal facility as a	70777
trustee for the state. The amount of fees required to be collected	70778
under this division at such a disposal facility shall equal the	70779
total tonnage of solid wastes received at the facility that was	70780
not previously taken to a solid waste transfer facility located in	70781
this state multiplied by the fees levied under this division. Fees	70782
levied under this division do not apply to materials separated	70783
from a mixed waste stream for recycling by a generator or	70784
materials removed from the solid waste stream through recycling,	70785
as "recycling" is defined in rules adopted under section 3734.02	70786
of the Revised Code.	70787

The owner or operator of a solid waste transfer facility or	70788
disposal facility, as applicable, shall prepare and file with the	70789
director of environmental protection each month a return	70790
indicating the total tonnage of solid wastes received at the	70791
facility during that month and the total amount of the fees	70792
required to be collected under this division during that month. In	70793
addition, the owner or operator of a solid waste disposal facility	70794
shall indicate on the return the total tonnage of solid wastes	70795
received from transfer facilities located in this state during	70796
that month for which the fees were required to be collected by the	70797
transfer facilities. The monthly returns shall be filed on a form	70798
prescribed by the director. Not later than thirty days after the	70799
last day of the month to which a return applies, the owner or	70800
operator shall mail to the director the return for that month	70801
together with the fees required to be collected under this	70802
division during that month as indicated on the return or may	70803
submit the return and fees electronically in a manner approved by	70804
the director. If the return is filed and the amount of the fees	70805
due is paid in a timely manner as required in this division, the	70806
owner or operator may retain a discount of three-fourths of one	70807
per cent of the total amount of the fees that are required to be	70808
paid as indicated on the return.	70809

The owner or operator may request an extension of not more	70810
than thirty days for filing the return and remitting the fees,	70811
provided that the owner or operator has submitted such a request	70812
in writing to the director together with a detailed description of	70813
why the extension is requested, the director has received the	70814
request not later than the day on which the return is required to	70815
be filed, and the director has approved the request. If the fees	70816
are not remitted within thirty days after the last day of the	70817
month to which the return applies or are not remitted by the last	70818
day of an extension approved by the director, the owner or	70819
operator shall not retain the three-fourths of one per cent	70820
discount and shall pay an additional ten per cent of the amount of	70821
the fees for each month that they are late. For purposes of	70822
calculating the late fee, the first month in which fees are late	70823
begins on the first day after the deadline has passed for timely	70824
submitting the return and fees, and one additional month shall be	70825
counted every thirty days thereafter.	70826

The owner or operator of a solid waste facility may request a	70827
refund or credit of fees levied under this division and remitted	70828
to the director that have not been paid to the owner or operator.	70829
Such a request shall be made only if the fees have not been	70830
collected by the owner or operator, have become a debt that has	70831
become worthless or uncollectable for a period of six months or	70832
more, and may be claimed as a deduction, including a deduction	70833
claimed if the owner or operator keeps accounts on an accrual	70834
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	70835
U.S.C. 166, as amended, and regulations adopted under it. Prior to	70836
making a request for a refund or credit, an owner or operator	70837
shall make reasonable efforts to collect the applicable fees. A	70838
request for a refund or credit shall not include any costs	70839
resulting from those efforts to collect unpaid fees.	70840

A request for a refund or credit of fees shall be made in	70841
writing, on a form prescribed by the director, and shall be	70842
supported by evidence that may be required in rules adopted by the	70843
director under this chapter. After reviewing the request, and if	70844
the request and evidence submitted with the request indicate that	70845
a refund or credit is warranted, the director shall grant a refund	70846
to the owner or operator or shall permit a credit to be taken by	70847
the owner or operator on a subsequent monthly return submitted by	70848
the owner or operator. The amount of a refund or credit shall not	70849
exceed an amount that is equal to ninety days' worth of fees owed	70850
to an owner or operator by a particular debtor of the owner or	70851
operator. A refund or credit shall not be granted by the director	70852
to an owner or operator more than once in any twelve-month period	70853
for fees owed to the owner or operator by a particular debtor.	70854

If, after receiving a refund or credit from the director, an	70855
owner or operator receives payment of all or part of the fees, the	70856
owner or operator shall remit the fees with the next monthly	70857
return submitted to the director together with a written	70858
explanation of the reason for the submittal.	70859

For purposes of computing the fees levied under this division	70860
or division (B) of this section, any solid waste transfer or	70861
disposal facility that does not use scales as a means of	70862
determining gate receipts shall use a conversion factor of three	70863
cubic yards per ton of solid waste or one cubic yard per ton for	70864
baled waste, as applicable.	70865

The fees levied under this division and divisions (B) and (C)	70866
of this section are in addition to all other applicable fees and	70867
taxes and shall be paid by the customer or a political subdivision	70868
to the owner or operator of a solid waste transfer or disposal	70869
facility. In the alternative, the fees shall be paid by a customer	70870
or political subdivision to a transporter of waste who	70871
subsequently transfers the fees to the owner or operator of such a	70872
facility. The fees shall be paid notwithstanding the existence of	70873
any provision in a contract that the customer or a political	70874
subdivision may have with the owner or operator or with a	70875
transporter of waste to the facility that would not require or	70876
allow such payment regardless of whether the contract was entered	70877
prior to or after October 16, 2009. For those purposes, "customer"	70878
means a person who contracts with, or utilizes the solid waste	70879
services of, the owner or operator of a solid waste transfer or	70880
disposal facility or a transporter of solid waste to such a	70881
facility.	70882

(B) For the purposes specified in division (G) of this	70883
section, the solid waste management policy committee of a county	70884
or joint solid waste management district may levy fees upon the	70885
following activities:	70886

(1) The disposal at a solid waste disposal facility located	70887
in the district of solid wastes generated within the district;	70888

(2) The disposal at a solid waste disposal facility within	70889
the district of solid wastes generated outside the boundaries of	70890
the district, but inside this state;	70891

(3) The disposal at a solid waste disposal facility within	70892
the district of solid wastes generated outside the boundaries of	70893
this state.	70894

The solid waste management plan of the county or joint	70895
district approved under section 3734.521 or 3734.55 of the Revised	70896
Code and any amendments to it, or the resolution adopted under	70897
this division, as appropriate, shall establish the rates of the	70898
fees levied under divisions (B)(1), (2), and (3) of this section,	70899
if any, and shall specify whether the fees are levied on the basis	70900
of tons or cubic yards as the unit of measurement. A solid waste	70901
management district that levies fees under this division on the	70902
basis of cubic yards shall do so in accordance with division (A)	70903
of this section.	70904

The fee levied under division (B)(1) of this section shall be	70905
not less than one dollar per ton nor more than two dollars per	70906
ton, the fee levied under division (B)(2) of this section shall be	70907
not less than two dollars per ton nor more than four dollars per	70908
ton, and the fee levied under division (B)(3) of this section	70909
shall be not more than the fee levied under division (B)(1) of	70910
this section.	70911

Prior to the approval of the solid waste management plan of a	70912
district under section 3734.55 of the Revised Code, the solid	70913
waste management policy committee of a district may levy fees	70914
under this division by adopting a resolution establishing the	70915
proposed amount of the fees. Upon adopting the resolution, the	70916
committee shall deliver a copy of the resolution to the board of	70917
county commissioners of each county forming the district and to	70918
the legislative authority of each municipal corporation and	70919
township under the jurisdiction of the district and shall prepare	70920
and publish the resolution and a notice of the time and location	70921
where a public hearing on the fees will be held. Upon adopting the	70922
resolution, the committee shall deliver written notice of the	70923
adoption of the resolution; of the amount of the proposed fees;	70924
and of the date, time, and location of the public hearing to the	70925
director and to the fifty industrial, commercial, or institutional	70926
generators of solid wastes within the district that generate the	70927
largest quantities of solid wastes, as determined by the	70928
committee, and to their local trade associations. The committee	70929
shall make good faith efforts to identify those generators within	70930
the district and their local trade associations, but the	70931
nonprovision of notice under this division to a particular	70932
generator or local trade association does not invalidate the	70933
proceedings under this division. The publication shall occur at	70934
least thirty days before the hearing. After the hearing, the	70935
committee may make such revisions to the proposed fees as it	70936
considers appropriate and thereafter, by resolution, shall adopt	70937
the revised fee schedule. Upon adopting the revised fee schedule,	70938
the committee shall deliver a copy of the resolution doing so to	70939
the board of county commissioners of each county forming the	70940
district and to the legislative authority of each municipal	70941
corporation and township under the jurisdiction of the district.	70942
Within sixty days after the delivery of a copy of the resolution	70943
adopting the proposed revised fees by the policy committee, each	70944
such board and legislative authority, by ordinance or resolution,	70945
shall approve or disapprove the revised fees and deliver a copy of	70946
the ordinance or resolution to the committee. If any such board or	70947
legislative authority fails to adopt and deliver to the policy	70948
committee an ordinance or resolution approving or disapproving the	70949
revised fees within sixty days after the policy committee	70950
delivered its resolution adopting the proposed revised fees, it	70951
shall be conclusively presumed that the board or legislative	70952
authority has approved the proposed revised fees. The committee	70953
shall determine if the resolution has been ratified in the same	70954
manner in which it determines if a draft solid waste management	70955
plan has been ratified under division (B) of section 3734.55 of	70956
the Revised Code.	70957

The committee may amend the schedule of fees levied pursuant	70958
to a resolution adopted and ratified under this division by	70959
adopting a resolution establishing the proposed amount of the	70960
amended fees. The committee may repeal the fees levied pursuant to	70961
such a resolution by adopting a resolution proposing to repeal	70962
them. Upon adopting such a resolution, the committee shall proceed	70963
to obtain ratification of the resolution in accordance with this	70964
division.	70965

Not later than fourteen days after declaring the new fees to	70966
be ratified or the fees to be repealed under this division, the	70967
committee shall notify by certified mail the owner or operator of	70968
each solid waste disposal facility that is required to collect the	70969
fees of the ratification and the amount of the fees or of the	70970
repeal of the fees. Collection of any fees shall commence or	70971
collection of repealed fees shall cease on the first day of the	70972
second month following the month in which notification is sent to	70973
the owner or operator.	70974

Fees levied under this division also may be established,	70975
amended, or repealed by a solid waste management policy committee	70976
through the adoption of a new district solid waste management	70977
plan, the adoption of an amended plan, or the amendment of the	70978
plan or amended plan in accordance with sections 3734.55 and	70979
3734.56 of the Revised Code or the adoption or amendment of a	70980
district plan in connection with a change in district composition	70981
under section 3734.521 of the Revised Code.	70982

Not later than fourteen days after the director issues an	70983
order approving a district's solid waste management plan, amended	70984
plan, or amendment to a plan or amended plan that establishes,	70985
amends, or repeals a schedule of fees levied by the district, the	70986
committee shall notify by certified mail the owner or operator of	70987
each solid waste disposal facility that is required to collect the	70988
fees of the approval of the plan or amended plan, or the amendment	70989
to the plan, as appropriate, and the amount of the fees, if any.	70990
In the case of an initial or amended plan approved under section	70991
3734.521 of the Revised Code in connection with a change in	70992
district composition, other than one involving the withdrawal of a	70993
county from a joint district, the committee, within fourteen days	70994
after the change takes effect pursuant to division (G) of that	70995
section, shall notify by certified mail the owner or operator of	70996
each solid waste disposal facility that is required to collect the	70997
fees that the change has taken effect and of the amount of the	70998
fees, if any. Collection of any fees shall commence or collection	70999
of repealed fees shall cease on the first day of the second month	71000
following the month in which notification is sent to the owner or	71001
operator.	71002

If, in the case of a change in district composition involving	71003
the withdrawal of a county from a joint district, the director	71004
completes the actions required under division (G)(1) or (3) of	71005
section 3734.521 of the Revised Code, as appropriate, forty-five	71006
days or more before the beginning of a calendar year, the policy	71007
committee of each of the districts resulting from the change that	71008
obtained the director's approval of an initial or amended plan in	71009
connection with the change, within fourteen days after the	71010
director's completion of the required actions, shall notify by	71011
certified mail the owner or operator of each solid waste disposal	71012
facility that is required to collect the district's fees that the	71013
change is to take effect on the first day of January immediately	71014
following the issuance of the notice and of the amount of the fees	71015
or amended fees levied under divisions (B)(1) to (3) of this	71016
section pursuant to the district's initial or amended plan as so	71017
approved or, if appropriate, the repeal of the district's fees by	71018
that initial or amended plan. Collection of any fees set forth in	71019
such a plan or amended plan shall commence on the first day of	71020
January immediately following the issuance of the notice. If such	71021
an initial or amended plan repeals a schedule of fees, collection	71022
of the fees shall cease on that first day of January.	71023

If, in the case of a change in district composition involving	71024
the withdrawal of a county from a joint district, the director	71025
completes the actions required under division (G)(1) or (3) of	71026
section 3734.521 of the Revised Code, as appropriate, less than	71027
forty-five days before the beginning of a calendar year, the	71028
director, on behalf of each of the districts resulting from the	71029
change that obtained the director's approval of an initial or	71030
amended plan in connection with the change proceedings, shall	71031
notify by certified mail the owner or operator of each solid waste	71032
disposal facility that is required to collect the district's fees	71033
that the change is to take effect on the first day of January	71034
immediately following the mailing of the notice and of the amount	71035
of the fees or amended fees levied under divisions (B)(1) to (3)	71036
of this section pursuant to the district's initial or amended plan	71037
as so approved or, if appropriate, the repeal of the district's	71038
fees by that initial or amended plan. Collection of any fees set	71039
forth in such a plan or amended plan shall commence on the first	71040
day of the second month following the month in which notification	71041
is sent to the owner or operator. If such an initial or amended	71042
plan repeals a schedule of fees, collection of the fees shall	71043
cease on the first day of the second month following the month in	71044
which notification is sent to the owner or operator.	71045

If the schedule of fees that a solid waste management	71046
district is levying under divisions (B)(1) to (3) of this section	71047
is amended or repealed, the fees in effect immediately prior to	71048
the amendment or repeal shall continue to be collected until	71049
collection of the amended fees commences or collection of the	71050
repealed fees ceases, as applicable, as specified in this	71051
division. In the case of a change in district composition, money	71052
so received from the collection of the fees of the former	71053
districts shall be divided among the resulting districts in	71054
accordance with division (B) of section 343.012 of the Revised	71055
Code and the agreements entered into under division (B) of section	71056
343.01 of the Revised Code to establish the former and resulting	71057
districts and any amendments to those agreements.	71058

For the purposes of the provisions of division (B) of this	71059
section establishing the times when newly established or amended	71060
fees levied by a district are required to commence and the	71061
collection of fees that have been amended or repealed is required	71062
to cease, "fees" or "schedule of fees" includes, in addition to	71063
fees levied under divisions (B)(1) to (3) of this section, those	71064
levied under section 3734.573 or 3734.574 of the Revised Code.	71065

(C) For the purposes of defraying the added costs to a	71066
municipal corporation or township of maintaining roads and other	71067
public facilities and of providing emergency and other public	71068
services, and compensating a municipal corporation or township for	71069
reductions in real property tax revenues due to reductions in real	71070
property valuations resulting from the location and operation of a	71071
solid waste disposal facility within the municipal corporation or	71072
township, a municipal corporation or township in which such a	71073
solid waste disposal facility is located may levy a fee of not	71074
more than twenty-five cents per ton on the disposal of solid	71075
wastes at a solid waste disposal facility located within the	71076
boundaries of the municipal corporation or township regardless of	71077
where the wastes were generated.	71078

The legislative authority of a municipal corporation or	71079
township may levy fees under this division by enacting an	71080
ordinance or adopting a resolution establishing the amount of the	71081
fees. Upon so doing the legislative authority shall mail a	71082
certified copy of the ordinance or resolution to the board of	71083
county commissioners or directors of the county or joint solid	71084
waste management district in which the municipal corporation or	71085
township is located or, if a regional solid waste management	71086
authority has been formed under section 343.011 of the Revised	71087
Code, to the board of trustees of that regional authority, the	71088
owner or operator of each solid waste disposal facility in the	71089
municipal corporation or township that is required to collect the	71090
fee by the ordinance or resolution, and the director of	71091
environmental protection. Although the fees levied under this	71092
division are levied on the basis of tons as the unit of	71093
measurement, the legislative authority, in its ordinance or	71094
resolution levying the fees under this division, may direct that	71095
the fees be levied on the basis of cubic yards as the unit of	71096
measurement based upon a conversion factor of three cubic yards	71097
per ton generally or one cubic yard per ton for baled wastes.	71098

Not later than five days after enacting an ordinance or	71099
adopting a resolution under this division, the legislative	71100
authority shall so notify by certified mail the owner or operator	71101
of each solid waste disposal facility that is required to collect	71102
the fee. Collection of any fee levied on or after March 24, 1992,	71103
shall commence on the first day of the second month following the	71104
month in which notification is sent to the owner or operator.	71105

(D)(1) The fees levied under divisions (A), (B), and (C) of	71106
this section do not apply to the disposal of solid wastes that:	71107

(a) Are disposed of at a facility owned by the generator of	71108
the wastes when the solid waste facility exclusively disposes of	71109
solid wastes generated at one or more premises owned by the	71110
generator regardless of whether the facility is located on a	71111
premises where the wastes are generated;	71112

(b) Are generated from the combustion of coal, or from the	71113
combustion of primarily coal, regardless of whether the disposal	71114
facility is located on the premises where the wastes are	71115
generated;	71116

(c) Are asbestos or asbestos-containing materials or products	71117
disposed of at a construction and demolition debris facility that	71118
is licensed under Chapter 3714. of the Revised Code or at a solid	71119
waste facility that is licensed under this chapter.	71120

(2) Except as provided in section 3734.571 of the Revised	71121
Code, any fees levied under division (B)(1) of this section apply	71122
to solid wastes originating outside the boundaries of a county or	71123
joint district that are covered by an agreement for the joint use	71124
of solid waste facilities entered into under section 343.02 of the	71125
Revised Code by the board of county commissioners or board of	71126
directors of the county or joint district where the wastes are	71127
generated and disposed of.	71128

(3) When solid wastes, other than solid wastes that consist	71129
of scrap tires, are burned in a disposal facility that is an	71130
incinerator or energy recovery facility, the fees levied under	71131
divisions (A), (B), and (C) of this section shall be levied upon	71132
the disposal of the fly ash and bottom ash remaining after burning	71133
of the solid wastes and shall be collected by the owner or	71134
operator of the sanitary landfill where the ash is disposed of.	71135

(4) When solid wastes are delivered to a solid waste transfer	71136
facility, the fees levied under divisions (B) and (C) of this	71137
section shall be levied upon the disposal of solid wastes	71138
transported off the premises of the transfer facility for disposal	71139
and shall be collected by the owner or operator of the solid waste	71140
disposal facility where the wastes are disposed of.	71141

(5) The fees levied under divisions (A), (B), and (C) of this	71142
section do not apply to sewage sludge that is generated by a waste	71143
water treatment facility holding a national pollutant discharge	71144
elimination system permit and that is disposed of through	71145
incineration, land application, or composting or at another	71146
resource recovery or disposal facility that is not a landfill.	71147

(6) The fees levied under divisions (A), (B), and (C) of this	71148
section do not apply to solid wastes delivered to a solid waste	71149
composting facility for processing. When any unprocessed solid	71150
waste or compost product is transported off the premises of a	71151
composting facility and disposed of at a landfill, the fees levied	71152
under divisions (A), (B), and (C) of this section shall be	71153
collected by the owner or operator of the landfill where the	71154
unprocessed waste or compost product is disposed of.	71155

(7) When solid wastes that consist of scrap tires are	71156
processed at a scrap tire recovery facility, the fees levied under	71157
divisions (A), (B), and (C) of this section shall be levied upon	71158
the disposal of the fly ash and bottom ash or other solid wastes	71159
remaining after the processing of the scrap tires and shall be	71160
collected by the owner or operator of the solid waste disposal	71161
facility where the ash or other solid wastes are disposed of.	71162

(8) The director of environmental protection may issue an	71163
order exempting from the fees levied under this section solid	71164
wastes, including, but not limited to, scrap tires, that are	71165
generated, transferred, or disposed of as a result of a contract	71166
providing for the expenditure of public funds entered into by the	71167
administrator or regional administrator of the United States	71168
environmental protection agency, the director of environmental	71169
protection, or the director of administrative services on behalf	71170
of the director of environmental protection for the purpose of	71171
remediating conditions at a hazardous waste facility, solid waste	71172
facility, or other location at which the administrator or regional	71173
administrator or the director of environmental protection has	71174
reason to believe that there is a substantial threat to public	71175
health or safety or the environment or that the conditions are	71176
causing or contributing to air or water pollution or soil	71177
contamination. An order issued by the director of environmental	71178
protection under division (D)(8) of this section shall include a	71179
determination that the amount of the fees not received by a solid	71180
waste management district as a result of the order will not	71181
adversely impact the implementation and financing of the	71182
district's approved solid waste management plan and any approved	71183
amendments to the plan. Such an order is a final action of the	71184
director of environmental protection.	71185

(E) The fees levied under divisions (B) and (C) of this	71186
section shall be collected by the owner or operator of the solid	71187
waste disposal facility where the wastes are disposed of as a	71188
trustee for the county or joint district and municipal corporation	71189
or township where the wastes are disposed of. Moneys from the fees	71190
levied under division (B) of this section shall be forwarded to	71191
the board of county commissioners or board of directors of the	71192
district in accordance with rules adopted under division (H) of	71193
this section. Moneys from the fees levied under division (C) of	71194
this section shall be forwarded to the treasurer or such other	71195
officer of the municipal corporation as, by virtue of the charter,	71196
has the duties of the treasurer or to the fiscal officer of the	71197
township, as appropriate, in accordance with those rules.	71198

(F) Moneys received by the treasurer or other officer of the	71199
municipal corporation under division (E) of this section shall be	71200
paid into the general fund of the municipal corporation. Moneys	71201
received by the fiscal officer of the township under that division	71202
shall be paid into the general fund of the township. The treasurer	71203
or other officer of the municipal corporation or the township	71204
fiscal officer, as appropriate, shall maintain separate records of	71205
the moneys received from the fees levied under division (C) of	71206
this section.	71207

(G) Moneys received by the board of county commissioners or	71208
board of directors under division (E) of this section or section	71209
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	71210
shall be paid to the county treasurer, or other official acting in	71211
a similar capacity under a county charter, in a county district or	71212
to the county treasurer or other official designated by the board	71213
of directors in a joint district and kept in a separate and	71214
distinct fund to the credit of the district. If a regional solid	71215
waste management authority has been formed under section 343.011	71216
of the Revised Code, moneys received by the board of trustees of	71217
that regional authority under division (E) of this section shall	71218
be kept by the board in a separate and distinct fund to the credit	71219
of the district. Moneys in the special fund of the county or joint	71220
district arising from the fees levied under division (B) of this	71221
section and the fee levied under division (A) of section 3734.573	71222
of the Revised Code shall be expended by the board of county	71223
commissioners or directors of the district in accordance with the	71224
district's solid waste management plan or amended plan approved	71225
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	71226
exclusively for the following purposes:	71227

(1) Preparation of the solid waste management plan of the	71228
district under section 3734.54 of the Revised Code, monitoring	71229
implementation of the plan, and conducting the periodic review and	71230
amendment of the plan required by section 3734.56 of the Revised	71231
Code by the solid waste management policy committee;	71232

(2) Implementation of the approved solid waste management	71233
plan or amended plan of the district, including, without	71234
limitation, the development and implementation of solid waste	71235
recycling or reduction programs;	71236

(3) Providing financial assistance to boards of health within	71237
the district, if solid waste facilities are located within the	71238
district, for enforcement of this chapter and rules, orders, and	71239
terms and conditions of permits, licenses, and variances adopted	71240
or issued under it, other than the hazardous waste provisions of	71241
this chapter and rules adopted and orders and terms and conditions	71242
of permits issued under those provisions;	71243

(4) Providing financial assistance to each county within the	71244
district to defray the added costs of maintaining roads and other	71245
public facilities and of providing emergency and other public	71246
services resulting from the location and operation of a solid	71247
waste facility within the county under the district's approved	71248
solid waste management plan or amended plan;	71249

(5) Pursuant to contracts entered into with boards of health	71250
within the district, if solid waste facilities contained in the	71251
district's approved plan or amended plan are located within the	71252
district, for paying the costs incurred by those boards of health	71253
for collecting and analyzing samples from public or private water	71254
wells on lands adjacent to those facilities;	71255

(6) Developing and implementing a program for the inspection	71256
of solid wastes generated outside the boundaries of this state	71257
that are disposed of at solid waste facilities included in the	71258
district's approved solid waste management plan or amended plan;	71259

(7) Providing financial assistance to boards of health within	71260
the district for the enforcement of section 3734.03 of the Revised	71261
Code or to local law enforcement agencies having jurisdiction	71262
within the district for enforcing anti-littering laws and	71263
ordinances;	71264

(8) Providing financial assistance to boards of health of	71265
health districts within the district that are on the approved list	71266
under section 3734.08 of the Revised Code to defray the costs to	71267
the health districts for the participation of their employees	71268
responsible for enforcement of the solid waste provisions of this	71269
chapter and rules adopted and orders and terms and conditions of	71270
permits, licenses, and variances issued under those provisions in	71271
the training and certification program as required by rules	71272
adopted under division (L) of section 3734.02 of the Revised Code;	71273

(9) Providing financial assistance to individual municipal	71274
corporations and townships within the district to defray their	71275
added costs of maintaining roads and other public facilities and	71276
of providing emergency and other public services resulting from	71277
the location and operation within their boundaries of a	71278
composting, energy or resource recovery, incineration, or	71279
recycling facility that either is owned by the district or is	71280
furnishing solid waste management facility or recycling services	71281
to the district pursuant to a contract or agreement with the board	71282
of county commissioners or directors of the district;	71283

(10) Payment of any expenses that are agreed to, awarded, or	71284
ordered to be paid under section 3734.35 of the Revised Code and	71285
of any administrative costs incurred pursuant to that section. In	71286
the case of a joint solid waste management district, if the board	71287
of county commissioners of one of the counties in the district is	71288
negotiating on behalf of affected communities, as defined in that	71289
section, in that county, the board shall obtain the approval of	71290
the board of directors of the district in order to expend moneys	71291
for administrative costs incurred.	71292

Prior to the approval of the district's solid waste	71293
management plan under section 3734.55 of the Revised Code, moneys	71294
in the special fund of the district arising from the fees shall be	71295
expended for those purposes in the manner prescribed by the solid	71296
waste management policy committee by resolution.	71297

Notwithstanding division (G)(6) of this section as it existed	71298
prior to October 29, 1993, or any provision in a district's solid	71299
waste management plan prepared in accordance with division	71300
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	71301
prior to that date, any moneys arising from the fees levied under	71302
division (B)(3) of this section prior to January 1, 1994, may be	71303
expended for any of the purposes authorized in divisions (G)(1) to	71304
(10) of this section.	71305

(H) The director shall adopt rules in accordance with Chapter	71306
119. of the Revised Code prescribing procedures for collecting and	71307
forwarding the fees levied under divisions (B) and (C) of this	71308
section to the boards of county commissioners or directors of	71309
county or joint solid waste management districts and to the	71310
treasurers or other officers of municipal corporations and the	71311
fiscal officers of townships. The rules also shall prescribe the	71312
dates for forwarding the fees to the boards and officials and may	71313
prescribe any other requirements the director considers necessary	71314
or appropriate to implement and administer divisions (A), (B), and	71315
(C) of this section.	71316

Sec. 3734.901. (A)(1) For the purpose of providing revenue	71317
to defray the cost of administering and enforcing the scrap tire	71318
provisions of this chapter, rules adopted under those provisions,	71319
and terms and conditions of orders, variances, and licenses issued	71320
under those provisions; to abate accumulations of scrap tires; to	71321
make grants supporting market development activities for scrap	71322
tires and synthetic rubber from tire manufacturing processes and	71323
tire recycling processes and to support scrap tire amnesty and	71324
cleanup events; to make loans to promote the recycling or recovery	71325
of energy from scrap tires; and to defray the costs of	71326
administering and enforcing sections 3734.90 to 3734.9014 of the	71327
Revised Code, a fee of fifty cents per tire is hereby levied on	71328
the sale of tires. The proceeds of the fee shall be deposited in	71329
the state treasury to the credit of the scrap tire management fund	71330
created in section 3734.82 of the Revised Code. The fee is levied	71331
from the first day of the calendar month that begins next after	71332
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	71333

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	71334
2016, there is hereby levied an additional fee of fifty cents per	71335
tire on the sale of tires the proceeds of which shall be deposited	71336
in the state treasury to the credit of the soil and water	71337
conservation district assistance fund created in section 1515.14	71338
of the Revised Code.	71339

(B) Only one sale of the same article shall be used in	71340
computing the amount of the fee due.	71341

Sec. 3734.907. (A) Any person required to pay the fee	71342
imposed by section 3734.901 of the Revised Code is personally	71343
liable for the fee. The tax commissioner may make an assessment,	71344
based upon any information in the commissioner's possession,	71345
against any person who fails to file a return or pay any fee,	71346
interest, or additional charge as required by sections 3734.90 to	71347
3734.9014 of the Revised Code. The commissioner shall give the	71348
person assessed written notice of the assessment in the manner	71349
provided in section 5703.37 of the Revised Code. With the notice,	71350
the commissioner shall provide instructions on how to petition for	71351
reassessment and request a hearing on the petition.	71352

(B) When the information in the possession of the tax	71353
commissioner indicates that a person liable for the fee imposed by	71354
section 3734.901 of the Revised Code has not paid the full amount	71355
of fee due, the commissioner may audit a representative sample of	71356
the person's business and may issue an assessment based on the	71357
audit.	71358

(C) A penalty of up to fifteen per cent may be added to all	71359
amounts assessed under this section. The commissioner may adopt	71360
rules providing for the imposition and remission of the penalties.	71361

(D) Unless the person assessed files with the tax	71362
commissioner within sixty days after service of the notice of	71363
assessment, either personally or by certified mail, a written	71364
petition for reassessment signed by the person assessed or that	71365
person's authorized agent having knowledge of the facts, the	71366
assessment becomes final and the amount of the assessment is due	71367
and payable from the person assessed to the treasurer of state.	71368
The petition shall indicate the objections of the person assessed,	71369
but additional objections may be raised in writing if received by	71370
the commissioner prior to the date shown on the final	71371
determination. If the petition has been properly filed, the	71372
commissioner shall proceed under section 5703.60 of the Revised	71373
Code.	71374

(E) After an assessment becomes final, if any portion of the	71375
assessment, including accrued interest, remains unpaid, a	71376
certified copy of the tax commissioner's entry making the	71377
assessment final may be filed in the office of the clerk of the	71378
court of common pleas in the county in which the person assessed	71379
resides or in which the person's business is conducted. If the	71380
person assessed maintains no place of business in this state and	71381
is not a resident of this state, the certified copy of the entry	71382
may be filed in the office of the clerk of the court of common	71383
pleas of Franklin county.	71384

Immediately upon the filing of the entry, the clerk shall	71385
enter a judgment for the state against the person assessed in the	71386
amount shown on the entry. The judgment may be filed by the clerk	71387
in a loose-leaf book entitled "special judgments for state tire	71388
fee," and shall have the same effect as other judgments. Execution	71389
shall issue upon the judgment upon the request of the tax	71390
commissioner, and all laws applicable to sales on execution shall	71391
apply to sales made under the judgment.	71392

~~The portion of~~If the assessment is not paid in its entirety	71393
within sixty days after the day the assessment was issued, the	71394
portion of the assessment consisting of the fee due shall bear	71395
interest at the rate per annum prescribed by section 5703.47 of	71396
the Revised Code from the day the commissioner issues the	71397
assessment until the day the assessment is paid or until it is	71398
certified to the attorney general for collection under section	71399
131.02 of the Revised Code, whichever comes first. If the unpaid	71400
portion of the assessment is certified to the attorney general for	71401
collection, the entire unpaid portion of the assessment shall bear	71402
interest at the rate per annum prescribed by section 5703.47 of	71403
the Revised Code from the date of certification until the date it	71404
is paid in its entirety. Interest shall be paid in the same manner	71405
as the fee and may be collected by the issuance of an assessment	71406
under this section.	71407

(F) If the tax commissioner believes that collection of the	71408
fee will be jeopardized unless proceedings to collect or secure	71409
collection of the fee are instituted without delay, the	71410
commissioner may issue a jeopardy assessment against the person	71411
liable for the fee. Immediately upon the issuance of the jeopardy	71412
assessment, the commissioner shall file an entry with the clerk of	71413
the court of common pleas in the manner prescribed by division (E)	71414
of this section. Notice of the jeopardy assessment shall be served	71415
on the person assessed or the person's legal representative, as	71416
provided in section 5703.37 of the Revised Code, within five days	71417
of the filing of the entry with the clerk. The total amount	71418
assessed is immediately due and payable, unless the person	71419
assessed files a petition for reassessment in accordance with	71420
division (D) of this section and provides security in a form	71421
satisfactory to the commissioner and in an amount sufficient to	71422
satisfy the unpaid balance of the assessment. Full or partial	71423
payment of the assessment does not prejudice the commissioner's	71424
consideration of the petition for reassessment.	71425

(G) All money collected by the tax commissioner under this	71426
section shall be paid to the treasurer of state as revenue arising	71427
from the fee imposed by section 3734.901 of the Revised Code.	71428

Sec. 3735.58. (A) The director of ~~mental health~~mental	71429
health and addiction services, the director of developmental	71430
disabilities, or the director of rehabilitation and correction may	71431
enter into contracts for the sale of land not needed by their	71432
departments and under their jurisdiction or supervision to	71433
metropolitan housing authorities for use by such an authority for	71434
a housing project or projects. Such contract may contain such	71435
conditions and terms as are, in the discretion of the directors,	71436
in the best interests of the state and the welfare of the	71437
residents of the state.	71438

(B) The director may, upon receipt of a request from a	71439
metropolitan housing authority, request the approval of the	71440
governor to sell and convey land not needed by the director's	71441
department and under the director's jurisdiction or supervision to	71442
an authority, subject to such terms and conditions consistent with	71443
the public interest and welfare of the residents of the state as	71444
the director considers necessary. The governor, with the approval	71445
of the controlling board, may approve the request. Such property	71446
shall be appraised at its fair market value before it is conveyed.	71447
The director of administrative services shall cause it to be	71448
appraised by three disinterested persons and shall determine the	71449
fee which each appraiser shall receive, not to exceed fifty	71450
dollars. All appraisal fees shall be paid by the authority which	71451
shall deposit with the director one hundred fifty dollars before	71452
the appraisal is made. If the deposit exceeds the appraisal fee,	71453
the balance shall be returned to the authority. The appraisal	71454
value, when approved by the director, is the purchase price. If	71455
the purchase price is not paid within ninety days after notice to	71456
the authority of the approved appraisal value, the director shall	71457
withdraw approval of the appraisal value and no deed shall be	71458
delivered to the authority without the written approval of the	71459
director of the purchase price. If the purchase price is paid	71460
within ninety days, a deed shall be prepared and recorded pursuant	71461
to section 5301.13 of the Revised Code.	71462

(C) Moneys received from sales of land to a metropolitan	71463
housing authority shall be placed in the state treasury in special	71464
funds, to be used for such purposes of the department of ~~mental~~	71465
~~health~~mental health and addiction services, the department of	71466
developmental disabilities, or the department of rehabilitation	71467
and correction as is appropriate.	71468

Sec. 3735.67. (A) The owner of real property located in a	71469
community reinvestment area and eligible for exemption from	71470
taxation under a resolution adopted pursuant to section 3735.66 of	71471
the Revised Code may file an application for an exemption from	71472
real property taxation of a percentage of the assessed valuation	71473
of a new structure or remodeling, completed after the effective	71474
date of the resolution adopted pursuant to section 3735.66 of the	71475
Revised Code, with the housing officer designated pursuant to	71476
section 3735.66 of the Revised Code for the community reinvestment	71477
area in which the property is located. If any part of the new	71478
structure or remodeling that would be exempted is of real property	71479
to be used for commercial or industrial purposes, the legislative	71480
authority and the owner of the property shall enter into a written	71481
agreement pursuant to section 3735.671 of the Revised Code prior	71482
to commencement of construction or remodeling; if such an	71483
agreement is subject to approval by the board of education of the	71484
school district within the territory of which the property is or	71485
will be located, the agreement shall not be formally approved by	71486
the legislative authority until the board of education approves	71487
the agreement in the manner prescribed by that section.	71488

(B) The housing officer shall verify the construction of the	71489
new structure or the cost of the remodeling and the facts asserted	71490
in the application. The housing officer shall determine whether	71491
the construction or the cost of the remodeling meets the	71492
requirements for an exemption under this section. In cases	71493
involving a structure of historical or architectural significance,	71494
the housing officer shall not determine whether the remodeling	71495
meets the requirements for a tax exemption unless the	71496
appropriateness of the remodeling has been certified, in writing,	71497
by the society, association, agency, or legislative authority that	71498
has designated the structure or by any organization or person	71499
authorized, in writing, by such society, association, agency, or	71500
legislative authority to certify the appropriateness of the	71501
remodeling.	71502

(C) If the construction or remodeling meets the requirements	71503
for exemption, the housing officer shall forward the application	71504
to the county auditor with a certification as to the division of	71505
this section under which the exemption is granted, and the period	71506
and percentage of the exemption as determined by the legislative	71507
authority pursuant to that division. If the construction or	71508
remodeling is of commercial or industrial property and the	71509
legislative authority is not required to certify a copy of a	71510
resolution under section 3735.671 of the Revised Code, the housing	71511
officer shall comply with the notice requirements prescribed under	71512
section 5709.83 of the Revised Code, unless the board has adopted	71513
a resolution under that section waiving its right to receive such	71514
a notice.	71515

(D) Except as provided in division (F) of this section, the	71516
tax exemption shall first apply in the year the construction or	71517
remodeling would first be taxable but for this section. In the	71518
case of remodeling that qualifies for exemption, a percentage, not	71519
to exceed one hundred per cent, of the amount by which the	71520
remodeling increased the assessed value of the structure shall be	71521
exempted from real property taxation. In the case of construction	71522
of a structure that qualifies for exemption, a percentage, not to	71523
exceed one hundred per cent, of the assessed value of the	71524
structure shall be exempted from real property taxation. In either	71525
case, the percentage shall be the percentage set forth in the	71526
agreement if the structure or remodeling is to be used for	71527
commercial or industrial purposes, or the percentage set forth in	71528
the resolution describing the community reinvestment area if the	71529
structure or remodeling is to be used for residential purposes.	71530

The construction of new structures and the remodeling of	71531
existing structures are hereby declared to be a public purpose for	71532
which exemptions from real property taxation may be granted for	71533
the following periods:	71534

(1) For every dwelling containing not more than two family	71535
units located within the same community reinvestment area and upon	71536
which the cost of remodeling is at least two thousand five hundred	71537
dollars, a period to be determined by the legislative authority	71538
adopting the resolution describing the community reinvestment area	71539
where the dwelling is located, but not exceeding ten years unless	71540
extended pursuant to division (D)(3) of this section;	71541

(2) For every dwelling containing more than two units and	71542
commercial or industrial properties, located within the same	71543
community reinvestment area, upon which the cost of remodeling is	71544
at least five thousand dollars, a period to be determined by the	71545
legislative authority adopting the resolution, but not exceeding	71546
twelve years unless extended pursuant to division (D)(3) of this	71547
section;	71548

(3) The period of exemption for a dwelling described in	71549
division (D)(1) or (2) of this section may be extended by a	71550
legislative authority for up to an additional ten years if the	71551
dwelling is a structure of historical or architectural	71552
significance, is a certified historic structure that has been	71553
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	71554
and units within the structure have been leased to individual	71555
tenants for five consecutive years;	71556

(4) Except as provided in division (F) of this section, for	71557
construction of every dwelling, and commercial or industrial	71558
structure located within the same community reinvestment area, a	71559
period to be determined by the legislative authority adopting the	71560
resolution, but not exceeding fifteen years.	71561

(E) Any person~~, board,~~ or officer authorized by section	71562
5715.19 of the Revised Code to file complaints with the county	71563
board of revision, the board of county commissioners, the	71564
prosecuting attorney or treasurer of the county, the board of	71565
township trustees of any township with territory in the county,	71566
the board of education of any school district with any territory	71567
in the county, or the mayor or legislative authority of a	71568
municipal corporation with any territory in the county, may file a	71569
complaint with the housing officer challenging the continued	71570
exemption of any property granted an exemption under this section.	71571
A complaint against exemption shall be filed prior to the	71572
thirty-first day of December of the tax year for which taxation of	71573
the property is requested. The housing officer shall determine	71574
whether the property continues to meet the requirements for	71575
exemption and shall certify the housing officer's findings to the	71576
complainant. If the housing officer determines that the property	71577
does not meet the requirements for exemption, the housing officer	71578
shall notify the county auditor, who shall correct the tax list	71579
and duplicate accordingly.	71580

(F) The owner of a dwelling constructed in a community	71581
reinvestment area may file an application for an exemption after	71582
the year the construction first became subject to taxation. The	71583
application shall be processed in accordance with the procedures	71584
prescribed under this section and shall be granted if the	71585
construction that is the subject of the application otherwise	71586
meets the requirements for an exemption under this section. If	71587
approved, the exemption sought in the application first applies in	71588
the year the application is filed. An exemption approved pursuant	71589
to this division continues only for those years remaining in the	71590
period described in division (D)(4) of this section. No exemption	71591
may be claimed for any year in that period that precedes the year	71592
in which the application is filed.	71593

Sec. 3737.02. (A) The fire marshal may collect fees to cover	71594
the costs of performing inspections and other duties that the fire	71595
marshal is authorized or required by law to perform. Except as	71596
provided in division (B) of this section, all fees collected by	71597
the fire marshal shall be deposited to the credit of the fire	71598
marshal's fund.	71599

(B) All of the following shall be credited to the underground	71600
storage tank administration fund, which is hereby created in the	71601
state treasury:	71602

(1) Fees collected under sections 3737.88 and 3737.881 of the	71603
Revised Code for operation of the underground storage tank and	71604
underground storage tank installer certification programs~~, moneys~~;	71605

(2) Moneys recovered under section 3737.89 of the Revised	71606
Code for the state's costs of undertaking corrective or	71607
enforcement actions under that section or section 3737.882 of the	71608
Revised Code~~, and fines~~;	71609

(3) Fines and penalties collected under section 3737.882 of	71610
the Revised Code ~~shall be credited to the underground storage tank~~	71611
~~administration fund, which is hereby created in the state~~	71612
~~treasury. All~~;	71613

(4) Amounts repaid for underground storage tank revolving	71614
loans under section 3737.883 of the Revised Code.	71615

(C) All interest earned on moneys credited to the underground	71616
storage tank administration fund shall be credited to the fund.	71617
Moneys credited to the underground storage tank administration	71618
fund shall be used by the fire marshal for implementation and	71619
enforcement of underground storage tank, corrective action, and	71620
installer certification programs under sections 3737.88 to 3737.89	71621
of the Revised Code. Only moneys described in divisions (B)(3) and	71622
(4) of this section may be used by the fire marshal to make	71623
underground storage tank revolving loans under section 3737.883 of	71624
the Revised Code, and no other moneys may be used to make those	71625
loans.	71626

~~(C)~~(D) The fire marshal shall take all actions necessary to	71627
obtain any federal funding available to carry out the fire	71628
marshal's responsibilities under sections 3737.88 to 3737.89 of	71629
the Revised Code and federal laws regarding the cleaning up of	71630
releases of petroleum, as "release" is defined in section 3737.87	71631
of the Revised Code, including, without limitation, any federal	71632
funds that are available to reimburse the state for the costs of	71633
undertaking corrective actions for such releases of petroleum. The	71634
state may, when appropriate, return to the United States any	71635
federal funds recovered under sections 3737.882 and 3737.89 of the	71636
Revised Code.	71637

Sec. 3737.83. The fire marshal shall, as part of the state	71638
fire code, adopt rules to:	71639

(A) Establish minimum standards of performance for fire	71640
protection equipment and fire fighting equipment;	71641

(B) Establish minimum standards of training, fix minimum	71642
qualifications, and require certificates for all persons who	71643
engage in the business for profit of installing, testing,	71644
repairing, or maintaining fire protection equipment;	71645

(C) Provide for the issuance of certificates required under	71646
division (B) of this section and establish the fees to be charged	71647
for such certificates. A certificate shall be granted, renewed, or	71648
revoked according to rules the fire marshal shall adopt.	71649

(D) Establish minimum standards of flammability for consumer	71650
goods in any case where the federal government or any department	71651
or agency thereof has established, or may from time to time	71652
establish standards of flammability for consumer goods. The	71653
standards established by the fire marshal shall be identical to	71654
the minimum federal standards.	71655

In any case where the federal government or any department or	71656
agency thereof, establishes standards of flammability for consumer	71657
goods subsequent to the adoption of a flammability standard by the	71658
fire marshal, standards previously adopted by the fire marshal	71659
shall not continue in effect to the extent such standards are not	71660
identical to the minimum federal standards.	71661

With respect to the adoption of minimum standards of	71662
flammability, this division shall supersede any authority granted	71663
a political subdivision by any other section of the Revised Code.	71664

(E) Establish minimum standards pursuant to section 5104.05	71665
of the Revised Code for fire prevention and fire safety in child	71666
day-care centers and in type A family day-care homes, as defined	71667
in section 5104.01 of the Revised Code.	71668

(F) Establish minimum standards for fire prevention and	71669
safety in a residential facility licensed under section ~~5119.22~~	71670
5119.34 of the Revised Code that provides accommodations,	71671
supervision, and personal care services for three to sixteen	71672
unrelated adults. The fire marshal shall adopt the rules under	71673
this division in consultation with the director of ~~mental health~~	71674
mental health and addiction services and interested parties	71675
designated by the director of ~~mental health~~mental health and	71676
addiction services.	71677

Sec. 3737.841. As used in this section and section 3737.842	71678
of the Revised Code:	71679

(A) "Public occupancy" means all of the following:

71680

(1) Any state correctional institution as defined in section	71681
2967.01 of the Revised Code and any county, multicounty,	71682
municipal, or municipal-county jail or workhouse;	71683

(2) Any hospital as defined in section 3727.01 of the Revised	71684
Code, any hospital licensed by the department of ~~mental health~~	71685
mental health and addiction services under section ~~5119.20~~5119.33	71686
of the Revised Code, and any institution, hospital, or other place	71687
established, controlled, or supervised by the department of ~~mental~~	71688
~~health~~mental health and addiction services under Chapter 5119. of	71689
the Revised Code;	71690

(3) Any nursing home, residential care facility, or home for	71691
the aging as defined in section 3721.01 of the Revised Code and	71692
any residential facility licensed under section ~~5119.22~~5119.34 of	71693
the Revised Code that provides accommodations, supervision, and	71694
personal care services for three to sixteen unrelated adults;	71695

(4) Any child day-care center and any type A family day-care	71696
home as defined in section 5104.01 of the Revised Code;	71697

(5) Any public auditorium or stadium;

71698

(6) Public assembly areas of hotels and motels containing	71699
more than ten articles of seating furniture.	71700

(B) "Sell" includes sell, offer or expose for sale, barter,	71701
trade, deliver, give away, rent, consign, lease, possess for sale,	71702
or dispose of in any other commercial manner.	71703

(C) Except as provided in division (D) of this section,	71704
"seating furniture" means any article of furniture, including	71705
children's furniture, that can be used as a support for an	71706
individual, or an individual's limbs or feet, when sitting or	71707
resting in an upright or reclining position and that either:	71708

(1) Is made with loose or attached cushions or pillows;

71709

(2) Is stuffed or filled in whole or in part with any filling	71710
material;	71711

(3) Is or can be stuffed or filled in whole or in part with	71712
any substance or material, concealed by fabric or any other	71713
covering.	71714

"Seating furniture" includes the cushions or pillows	71715
belonging to or forming a part of the furniture, the structural	71716
unit, and the filling material and its container or covering.	71717

(D) "Seating furniture" does not include, except if intended	71718
for use by children or in facilities designed for the care or	71719
treatment of humans, any of the following:	71720

(1) Cushions or pads intended solely for outdoor use;

71721

(2) Any article with a smooth surface that contains no more	71722
than one-half inch of filling material, if that article does not	71723
have an upholstered horizontal surface meeting an upholstered	71724
vertical surface;	71725

(3) Any article manufactured solely for recreational use or	71726
physical fitness purposes, including weight-lifting benches,	71727
gymnasium mats or pads, and sidehorses.	71728

(E) "Filling material" means cotton, wool, kapok, feathers,	71729
down, hair, liquid, or any other natural or artificial material or	71730
substance that is used or can be used as stuffing in seating	71731
furniture.	71732

Sec. 3737.88. (A)(1) The fire marshal shall have	71733
responsibility for implementation of the underground storage tank	71734
program and corrective action program for releases of petroleum	71735
from underground storage tanks established by the "Resource	71736
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	71737
6901, as amended. To implement the programs, the fire marshal may	71738
adopt, amend, and rescind such rules, conduct such inspections,	71739
require annual registration of underground storage tanks, issue	71740
such citations and orders to enforce those rules, enter into	71741
environmental covenants in accordance with sections 5301.80 to	71742
5301.92 of the Revised Code, and perform such other duties, as are	71743
consistent with those programs. The fire marshal, by rule, may	71744
delegate the authority to conduct inspections of underground	71745
storage tanks to certified fire safety inspectors.	71746

(2) In the place of any rules regarding release containment	71747
and release detection for underground storage tanks adopted under	71748
division (A)(1) of this section, the fire marshal, by rule, shall	71749
designate areas as being sensitive for the protection of human	71750
health and the environment and adopt alternative rules regarding	71751
release containment and release detection methods for new and	71752
upgraded underground storage tank systems located in those areas.	71753
In designating such areas, the fire marshal shall take into	71754
consideration such factors as soil conditions, hydrogeology, water	71755
use, and the location of public and private water supplies. Not	71756
later than July 11, 1990, the fire marshal shall file the rules	71757
required under this division with the secretary of state, director	71758
of the legislative service commission, and joint committee on	71759
agency rule review in accordance with divisions (B) and (H) of	71760
section 119.03 of the Revised Code.	71761

(3) Notwithstanding sections 3737.87 to 3737.89 of the	71762
Revised Code, a person who is not a responsible person, as	71763
determined by the fire marshal pursuant to this chapter, may	71764
conduct a voluntary action in accordance with Chapter 3746. of the	71765
Revised Code and rules adopted under it for either of the	71766
following:	71767

(a) A class C release;

71768

(b) A release, other than a class C release, that is subject	71769
to the rules adopted by the fire marshal under division (B) of	71770
section 3737.882 of the Revised Code pertaining to a corrective	71771
action, provided that both of the following apply:	71772

(i) The voluntary action also addresses hazardous substances	71773
or petroleum that is not subject to the rules adopted under	71774
division (B) of section 3737.882 of the Revised Code pertaining to	71775
a corrective action.	71776

(ii) The fire marshal has not issued an administrative order	71777
concerning the release or referred the release to the attorney	71778
general for enforcement.	71779

The director of environmental protection, pursuant to section	71780
3746.12 of the Revised Code, may issue a covenant not to sue to	71781
any person who properly completes a voluntary action with respect	71782
to any such release in accordance with Chapter 3746. of the	71783
Revised Code and rules adopted under it.	71784

(B) Before adopting any rule under this section or section	71785
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	71786
file written notice of the proposed rule with the chairperson of	71787
the state fire council, and, within sixty days after notice is	71788
filed, the council may file responses to or comments on and may	71789
recommend alternative or supplementary rules to the fire marshal.	71790
At the end of the sixty-day period or upon the filing of	71791
responses, comments, or recommendations by the council, the fire	71792
marshal may adopt the rule filed with the council or any	71793
alternative or supplementary rule recommended by the council.	71794

(C) The state fire council may recommend courses of action to	71795
be taken by the fire marshal in carrying out the fire marshal's	71796
duties under this section. The council shall file its	71797
recommendations in the office of the fire marshal, and, within	71798
sixty days after the recommendations are filed, the fire marshal	71799
shall file with the chairperson of the council comments on, and	71800
proposed action in response to, the recommendations.	71801

(D) For the purpose of sections 3737.87 to 3737.89 of the	71802
Revised Code, the fire marshal shall adopt, and may amend and	71803
rescind, rules identifying or listing hazardous substances. The	71804
rules shall be consistent with and equivalent in scope, coverage,	71805
and content to regulations identifying or listing hazardous	71806
substances adopted under the "Comprehensive Environmental	71807
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	71808
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	71809
not identify or list as a hazardous substance any hazardous waste	71810
identified or listed in rules adopted under division (A) of	71811
section 3734.12 of the Revised Code.	71812

(E) Except as provided in division (A)(3) of this section,	71813
the fire marshal shall have exclusive jurisdiction to regulate the	71814
storage, treatment, and disposal of petroleum contaminated soil	71815
generated from corrective actions undertaken in response to	71816
releases of petroleum from underground storage tank systems. The	71817
fire marshal may adopt, amend, or rescind such rules as the fire	71818
marshal considers to be necessary or appropriate to regulate the	71819
storage, treatment, or disposal of petroleum contaminated soil so	71820
generated.	71821

(F) The fire marshal shall adopt, amend, and rescind rules	71822
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	71823
accordance with Chapter 119. of the Revised Code.	71824

Sec. 3737.882. (A) If, after an examination or inspection,	71825
the fire marshal or an assistant fire marshal finds that a release	71826
of petroleum is suspected, the fire marshal shall take such action	71827
as the fire marshal considers necessary to ensure that a suspected	71828
release is confirmed or disproved and, if the occurrence of a	71829
release is confirmed, to correct the release. These actions may	71830
include one or more of the following:	71831

(1) Issuance of a citation and order requiring the	71832
responsible person to undertake, in a manner consistent with the	71833
requirements of section 9003 of the "Resource Conservation and	71834
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as	71835
amended, applicable regulations adopted thereunder, and rules	71836
adopted under division (B) of this section, such actions as are	71837
necessary to protect human health and the environment, including,	71838
without limitation, the investigation of a suspected release;	71839

(2) Requesting the attorney general to bring a civil action	71840
for appropriate relief, including a temporary restraining order or	71841
preliminary or permanent injunction, in the court of common pleas	71842
of the county in which a suspected release is located or in which	71843
the release occurred, to obtain the corrective action necessary to	71844
protect human health and the environment. In granting any such	71845
relief, the court shall ensure that the terms of the temporary	71846
restraining order or injunction are sufficient to provide	71847
comprehensive corrective action to protect human health and the	71848
environment.	71849

(3) Entry onto premises and undertaking corrective action	71850
with respect to a release of petroleum if, in the fire marshal's	71851
judgment, such action is necessary to protect human health and the	71852
environment. Any corrective action undertaken by the fire marshal	71853
or assistant fire marshal under division (A)(3) of this section	71854
shall be consistent with the requirements of sections 9003 and	71855
9005 of the "Resource Conservation and Recovery Act of 1976," 98	71856
Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A.	71857
6991e, respectively, as amended, applicable regulations adopted	71858
thereunder, and rules adopted under division (B) of this section.	71859

(B) The fire marshal shall adopt, and may amend and rescind,	71860
such rules as the fire marshal considers necessary to establish	71861
standards for corrective actions for suspected and confirmed	71862
releases of petroleum and standards for the recovery of costs	71863
incurred for undertaking corrective or enforcement actions with	71864
respect to such releases. The rules also shall include	71865
requirements for financial responsibility for the cost of	71866
corrective actions for and compensation of bodily injury and	71867
property damage incurred by third parties that are caused by	71868
releases of petroleum. Rules regarding financial responsibility	71869
shall, without limitation, require responsible persons to provide	71870
evidence that the parties guaranteeing payment of the deductible	71871
amount established under division (E) or (F) of section 3737.91 of	71872
the Revised Code are, at a minimum, secondarily liable for all	71873
corrective action and third-party liability costs incurred within	71874
the scope of the deductible amount. The rules shall be consistent	71875
with sections 9003 and 9005 of the "Resource Conservation and	71876
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98	71877
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and	71878
applicable regulations adopted thereunder.	71879

(C)(1) No person shall violate or fail to comply with a rule	71880
adopted under division (A) of section 3737.88 of the Revised Code	71881
or division (B) of this section, and no person shall violate or	71882
fail to comply with the terms of any order issued under division	71883
(A) of section 3737.88 of the Revised Code or division (A)(1) of	71884
this section.	71885

(2) Whoever violates division (C)(1) of this section or	71886
division (F) of section 3737.881 of the Revised Code shall pay a	71887
civil penalty of not more than ten thousand dollars for each day	71888
that the violation continues. The fire marshal may, by order,	71889
assess a civil penalty under this division, or the fire marshal	71890
may request the attorney general to bring a civil action for	71891
imposition of the civil penalty in the court of common pleas of	71892
the county in which the violation occurred. If the fire marshal	71893
determines that a responsible person is in violation of division	71894
(C)(1) of this section or division (F) of section 3737.881 of the	71895
Revised Code, the fire marshal may request the attorney general to	71896
bring a civil action for appropriate relief, including a temporary	71897
restraining order or preliminary or permanent injunction, in the	71898
court of common pleas of the county in which the underground	71899
storage tank or, in the case of a violation of division (F)(3) of	71900
section 3737.881 of the Revised Code, the training program that is	71901
the subject of the violation is located. The court shall issue a	71902
temporary restraining order or an injunction upon a demonstration	71903
that a violation of division (C)(1) of this section or division	71904
(F) of section 3737.881 of the Revised Code has occurred or is	71905
occurring.	71906

Any action brought by the attorney general under this	71907
division is a civil action, governed by the Rules of Civil	71908
Procedure and other rules of practice and procedure applicable to	71909
civil actions.	71910

Nothing in section 3737.883 of the Revised Code limits the	71911
powers of the fire marshal or the attorney general under this	71912
division.	71913

(D) Orders issued under division (A) of section 3737.88 of	71914
the Revised Code and divisions (A)(1) and (C) of this section, and	71915
appeals thereof, are subject to and governed by Chapter 3745. of	71916
the Revised Code. Such orders shall be issued without the	71917
necessity for issuance of a proposed action under that chapter.	71918
For purposes of appeals of any such orders, the term "director" as	71919
used in Chapter 3745. of the Revised Code includes the fire	71920
marshal and an assistant fire marshal.	71921

(E) Any restrictions on the use of real property for the	71922
purpose of the achievement by an owner or operator of applicable	71923
standards pursuant to rules adopted under division (B) of this	71924
section shall be contained in a deed or in another instrument that	71925
is signed and acknowledged by the property owner in the same	71926
manner as a deed or an environmental covenant that is entered into	71927
in accordance with sections 5301.80 to 5301.92 of the Revised	71928
Code. The deed, other instrument containing the restrictions, or	71929
environmental covenant shall be filed and recorded in the office	71930
of the county recorder of the county in which the property is	71931
located. Pursuant to Chapter 5309. of the Revised Code, if the use	71932
restrictions or environmental covenant are connected with	71933
registered land, as defined in section 5309.01 of the Revised	71934
Code, the restrictions or environmental covenant shall be entered	71935
as a memorial on the page of the register where the title of the	71936
owner is registered.	71937

(F) Any restrictions on the use of real property for the	71938
purpose of the achievement by a person that is not a responsible	71939
person, or by a person undertaking a voluntary action of	71940
applicable standards pursuant to rules adopted under division (B)	71941
of this section shall be contained in an environmental covenant	71942
that is entered into in accordance with sections 5301.80 to	71943
5301.92 of the Revised Code. The environmental covenant shall be	71944
filed and recorded in the office of the county recorder of the	71945
county in which the property is located. Pursuant to Chapter 5309.	71946
of the Revised Code, if the environmental covenant is connected	71947
with registered land, as defined in section 5309.01 of the Revised	71948
Code, the environmental covenant shall be entered as a memorial on	71949
the page of the register where the title of the owner is	71950
registered.	71951

Sec. 3737.883. (A) As used in this section, "political	71952
subdivision" has the same meaning as in section 2744.01 of the	71953
Revised Code, but includes a community improvement corporation as	71954
that term is defined in section 1724.01 of the Revised Code.	71955

(B)(1) A political subdivision may do any of the following	71956
for an underground storage tank located within its territorial	71957
boundaries if the political subdivision is the tank owner but not	71958
the operator:	71959

(a) Initiate, continue, or properly complete the closure in	71960
place or removal of an underground storage tank system;	71961

(b) Initiate, continue, or properly complete an assessment of	71962
the site of an underground storage tank or the site of an	71963
underground storage tank system;	71964

(c) Initiate, continue, or properly complete a corrective	71965
action.	71966

(2) A political subdivision may take any of the actions	71967
described in divisions (B)(1)(a) to (c) of this section for the	71968
site of a previously existing release to which all of the	71969
following apply:	71970

(a) The political subdivision is not the responsible person.

71971

(b) The release has not received a no-further-action	71972
determination from the state fire marshal.	71973

(c) The site of the release is located within the political	71974
subdivision's territorial boundaries.	71975

(d) The responsible person is not identifiable or the state	71976
fire marshal determines that an identified responsible person is	71977
unable to pay the costs of the action to be taken by the political	71978
subdivision.	71979

(C) The state fire marshal or the state fire marshal's	71980
designee shall administer an underground storage tank revolving	71981
loan program under which the state fire marshal issues loans to	71982
assist with the costs of actions taken under divisions (B)(1) and	71983
(2) of this section. The state fire marshal shall issue a loan	71984
under the program to a political subdivision that meets the	71985
application requirements of division (D) of this section and	71986
agrees to written terms and conditions of the loan with the state	71987
fire marshal.	71988

(D) A political subdivision shall apply to the state fire	71989
marshal for a loan under this section on a form prescribed by the	71990
state fire marshal. In the application, the political subdivision	71991
shall do all of the following:	71992

(1) Describe the action for which it is requesting a loan;

71993

(2) State the requested loan amount;

71994

(3) Explain how the political subdivision plans to spend, of	71995
its own funds, in undertaking the action for which the loan is	71996
requested, an amount equal to at least five per cent of the	71997
requested loan amount;	71998

(4) Provide any other information requested by the state fire	71999
marshal.	72000

(E) The state fire marshal shall consult with the director of	72001
development services before issuing any loan under this section.	72002

(F) A loan issued under this section shall not carry	72003
interest. No loan issued under this section shall have a term of	72004
more than ten years. The political subdivision shall repay a loan	72005
issued under this section to the state fire marshal.	72006

(G) If, at any time after the expenditure of loan funds by a	72007
political subdivision under division (B)(2) of this section, the	72008
state fire marshal or any law enforcement agency identifies the	72009
responsible person or determines, for any reason, that the	72010
previously identified responsible person was or is able to pay the	72011
costs of the action for which the loan was issued, the political	72012
subdivision may bring any appropriate proceedings against the	72013
responsible person to recover the costs incurred by the political	72014
subdivision. The proceedings may be brought in either the court of	72015
common pleas having jurisdiction where the underground storage	72016
tank is located or the court of common pleas of Franklin county.	72017

(H)(1) The state fire marshal shall adopt and may amend and	72018
rescind rules as necessary for the administration and operation of	72019
the underground storage tank revolving loan program. The rules may	72020
do any of the following:	72021

(a) Further define the entities considered "political	72022
subdivisions" eligible to receive loans;	72023

(b) Establish qualifying criteria for loan recipients;

72024

(c) Establish criteria for awarding loans, loan amounts, loan	72025
payment terms, and permissible expenditures of loan funds,	72026
including methods that the state fire marshal may use to verify	72027
the proper use of loan funds or to obtain reimbursement for or the	72028
return of improperly used loan funds.	72029

(2) The state fire marshal may adopt and may amend and	72030
rescind rules for the issuance of emergency underground storage	72031
tank revolving loans to qualifying entities during a natural	72032
disaster or another similar event as defined in the rules.	72033

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	72034
section 3123.43 of the Revised Code, the state fire marshal shall	72035
comply with sections 3123.41 to 3123.50 of the Revised Code and	72036
any applicable rules adopted under section 3123.63 of the Revised	72037
Code with respect to a certificate issued pursuant to section	72038
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	72039

Sec. 3742.30. Each child at risk of lead poisoning shall	72040
undergo a blood lead screening test to determine whether the child	72041
has lead poisoning. The at-risk children shall undergo the test at	72042
times determined by rules the director of health shall adopt in	72043
accordance with Chapter 119. of the Revised Code that are	72044
consistent with the guidelines established by the centers for	72045
disease control and prevention in the public health service of the	72046
United States department of health and human services. The rules	72047
shall specify which children are at risk of lead poisoning.	72048

Neither this section nor the rules adopted under it affect	72049
the coverage of blood lead screening tests by any publicly funded	72050
health program, including the medicaid program ~~established by~~	72051
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	72052
rules adopted under it apply to a child if a parent of the child	72053
objects to the test on the grounds that the test conflicts with	72054
the parent's religious tenets and practices.	72055

Sec. 3742.31. (A) The director of health shall establish,	72056
promote, and maintain a child lead poisoning prevention program.	72057
The program shall provide statewide coordination of screening,	72058
diagnosis, and treatment services for children under age six,	72059
including both of the following:	72060

(1) Collecting the social security numbers of all children	72061
screened, diagnosed, or treated as part of the program's case	72062
management system;	72063

(2) Disclosing to the ~~office of medical assistance in the~~	72064
department of ~~job and family services~~medicaid on at least an	72065
annual basis the identity and lead screening test results of each	72066
child screened pursuant to section 3742.30 of the Revised Code.	72067
The director shall collect and disseminate information relating to	72068
child lead poisoning and controlling lead hazards.	72069

(B) The director of health shall operate the child lead	72070
poisoning prevention program in accordance with rules adopted	72071
under section 3742.50 of the Revised Code. The director may enter	72072
into an interagency agreement with one or more other state	72073
agencies to perform one or more of the program's duties. The	72074
director shall supervise and direct an agency's performance of	72075
such a duty.	72076

Sec. 3742.32. (A) The director of health shall appoint an	72077
advisory council to assist in the ongoing development and	72078
implementation of the child lead poisoning prevention program	72079
created under section 3742.31 of the Revised Code. The advisory	72080
council shall consist of the following members:	72081

(1) A representative of the ~~office of medical assistance in~~	72082
~~the~~ department of ~~job and family services~~medicaid;	72083

(2) A representative of the bureau of child care in the	72084
department of job and family services;	72085

(3) A representative of the department of environmental	72086
protection;	72087

(4) A representative of the department of education;

72088

(5) A representative of the ~~department of~~ development	72089
services agency;	72090

(6) A representative of the Ohio apartment owner's	72091
association;	72092

(7) A representative of the Ohio help end lead poisoning	72093
coalition;	72094

(8) A representative of the Ohio environmental health	72095
association;	72096

(9) An Ohio representative of the national paint and coatings	72097
association.	72098

(B) The advisory council shall do both of the following:

72099

(1) Provide the director with advice regarding the policies	72100
the child lead poisoning prevention program should emphasize,	72101
preferred methods of financing the program, and any other matter	72102
relevant to the program's operation;	72103

(2) Submit a report of the state's activities to the	72104
governor, president of the senate, and speaker of the house of	72105
representatives on or before the first day of March each year.	72106

(C) The advisory council is not subject to sections 101.82 to	72107
101.87 of the Revised Code.	72108

Sec. 3742.51. (A) There is hereby created in the state	72109
treasury the lead poisoning prevention fund. The fund shall	72110
include all moneys appropriated to the department of health for	72111
the administration and enforcement of sections 3742.31 to 3742.50	72112
of the Revised Code and the rules adopted under those sections.	72113
Any grants, contributions, or other moneys collected by the	72114
department for purposes of preventing lead poisoning shall be	72115
deposited in the state treasury to the credit of the fund.	72116

(B) Moneys in the fund shall be used solely for the purposes	72117
of the child lead poisoning prevention program established under	72118
section 3742.31 of the Revised Code, including providing financial	72119
assistance to individuals who are unable to pay for the following:	72120

(1) Costs associated with obtaining lead tests and lead	72121
poisoning treatment for children under six years of age who are	72122
not covered by private medical insurance or are underinsured, are	72123
not eligible for the medicaid program ~~established under Chapter~~	72124
~~5111. of the Revised Code~~ or any other government health program,	72125
and do not have access to another source of funds to cover the	72126
cost of lead tests and any indicated treatments;	72127

(2) Costs associated with having lead abatement performed or	72128
having the preventive treatments specified in section 3742.41 of	72129
the Revised Code performed.	72130

Sec. 3745.11. (A) Applicants for and holders of permits,	72131
licenses, variances, plan approvals, and certifications issued by	72132
the director of environmental protection pursuant to Chapters	72133
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	72134
to the environmental protection agency for each such issuance and	72135
each application for an issuance as provided by this section. No	72136
fee shall be charged for any issuance for which no application has	72137
been submitted to the director.	72138

(B) Except as otherwise provided in division (C)(2) of this	72139
section, beginning July 1, 1994, each person who owns or operates	72140
an air contaminant source and who is required to apply for and	72141
obtain a Title V permit under section 3704.036 of the Revised Code	72142
shall pay the fees set forth in this division. For the purposes of	72143
this division, total emissions of air contaminants may be	72144
calculated using engineering calculations, emissions factors,	72145
material balance calculations, or performance testing procedures,	72146
as authorized by the director.	72147

The following fees shall be assessed on the total actual	72148
emissions from a source in tons per year of the regulated	72149
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	72150
organic compounds, and lead:	72151

(1) Fifteen dollars per ton on the total actual emissions of	72152
each such regulated pollutant during the period July through	72153
December 1993, to be collected no sooner than July 1, 1994;	72154

(2) Twenty dollars per ton on the total actual emissions of	72155
each such regulated pollutant during calendar year 1994, to be	72156
collected no sooner than April 15, 1995;	72157

(3) Twenty-five dollars per ton on the total actual emissions	72158
of each such regulated pollutant in calendar year 1995, and each	72159
subsequent calendar year, to be collected no sooner than the	72160
fifteenth day of April of the year next succeeding the calendar	72161
year in which the emissions occurred.	72162

The fees levied under this division do not apply to that	72163
portion of the emissions of a regulated pollutant at a facility	72164
that exceed four thousand tons during a calendar year.	72165

(C)(1) The fees assessed under division (B) of this section	72166
are for the purpose of providing funding for the Title V permit	72167
program.	72168

(2) The fees assessed under division (B) of this section do	72169
not apply to emissions from any electric generating unit	72170
designated as a Phase I unit under Title IV of the federal Clean	72171
Air Act prior to calendar year 2000. Those fees shall be assessed	72172
on the emissions from such a generating unit commencing in	72173
calendar year 2001 based upon the total actual emissions from the	72174
generating unit during calendar year 2000 and shall continue to be	72175
assessed each subsequent calendar year based on the total actual	72176
emissions from the generating unit during the preceding calendar	72177
year.	72178

(3) The director shall issue invoices to owners or operators	72179
of air contaminant sources who are required to pay a fee assessed	72180
under division (B) or (D) of this section. Any such invoice shall	72181
be issued no sooner than the applicable date when the fee first	72182
may be collected in a year under the applicable division, shall	72183
identify the nature and amount of the fee assessed, and shall	72184
indicate that the fee is required to be paid within thirty days	72185
after the issuance of the invoice.	72186

(D)(1) Except as provided in division (D)(3) of this section,	72187
from January 1, 1994, through December 31, 2003, each person who	72188
owns or operates an air contaminant source; who is required to	72189
apply for a permit to operate pursuant to rules adopted under	72190
division (G), or a variance pursuant to division (H), of section	72191
3704.03 of the Revised Code; and who is not required to apply for	72192
and obtain a Title V permit under section 3704.036 of the Revised	72193
Code shall pay a single fee based upon the sum of the actual	72194
annual emissions from the facility of the regulated pollutants	72195
particulate matter, sulfur dioxide, nitrogen oxides, organic	72196
compounds, and lead in accordance with the following schedule:	72197

Total tons per year		72198
of regulated pollutants	Annual fee	72199
emitted	per facility	72200
More than 0, but less than 50	$ 75	72201
50 or more, but less than 100	300	72202
100 or more	700	72203

(2) Except as provided in division (D)(3) of this section,	72204
beginning January 1, 2004, each person who owns or operates an air	72205
contaminant source; who is required to apply for a permit to	72206
operate pursuant to rules adopted under division (G), or a	72207
variance pursuant to division (H), of section 3704.03 of the	72208
Revised Code; and who is not required to apply for and obtain a	72209
Title V permit under section 3704.03 of the Revised Code shall pay	72210
a single fee based upon the sum of the actual annual emissions	72211
from the facility of the regulated pollutants particulate matter,	72212
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	72213
accordance with the following schedule:	72214

Total tons per year		72215
of regulated pollutants	Annual fee	72216
emitted	per facility	72217
More than 0, but less than 10	$ 100	72218
10 or more, but less than 50	200	72219
50 or more, but less than 100	300	72220
100 or more	700	72221

(3)(a) As used in division (D) of this section, "synthetic	72222
minor facility" means a facility for which one or more permits to	72223
install or permits to operate have been issued for the air	72224
contaminant sources at the facility that include terms and	72225
conditions that lower the facility's potential to emit air	72226
contaminants below the major source thresholds established in	72227
rules adopted under section 3704.036 of the Revised Code.	72228

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	72229
each person who owns or operates a synthetic minor facility shall	72230
pay an annual fee based on the sum of the actual annual emissions	72231
from the facility of particulate matter, sulfur dioxide, nitrogen	72232
dioxide, organic compounds, and lead in accordance with the	72233
following schedule:	72234

Combined total tons		72235
per year of all regulated	Annual fee	72236
pollutants emitted	per facility	72237

Less than 10	$ 170	72238
10 or more, but less than 20	340	72239
20 or more, but less than 30	670	72240
30 or more, but less than 40	1,010	72241
40 or more, but less than 50	1,340	72242
50 or more, but less than 60	1,680	72243
60 or more, but less than 70	2,010	72244
70 or more, but less than 80	2,350	72245
80 or more, but less than 90	2,680	72246
90 or more, but less than 100	3,020	72247
100 or more	3,350	72248

(4) The fees assessed under division (D)(1) of this section	72249
shall be collected annually no sooner than the fifteenth day of	72250
April, commencing in 1995. The fees assessed under division (D)(2)	72251
of this section shall be collected annually no sooner than the	72252
fifteenth day of April, commencing in 2005. The fees assessed	72253
under division (D)(3) of this section shall be collected no sooner	72254
than the fifteenth day of April, commencing in 2000. The fees	72255
assessed under division (D) of this section in a calendar year	72256
shall be based upon the sum of the actual emissions of those	72257
regulated pollutants during the preceding calendar year. For the	72258
purpose of division (D) of this section, emissions of air	72259
contaminants may be calculated using engineering calculations,	72260
emission factors, material balance calculations, or performance	72261
testing procedures, as authorized by the director. The director,	72262
by rule, may require persons who are required to pay the fees	72263
assessed under division (D) of this section to pay those fees	72264
biennially rather than annually.	72265

(E)(1) Consistent with the need to cover the reasonable costs	72266
of the Title V permit program, the director annually shall	72267
increase the fees prescribed in division (B) of this section by	72268
the percentage, if any, by which the consumer price index for the	72269
most recent calendar year ending before the beginning of a year	72270
exceeds the consumer price index for calendar year 1989. Upon	72271
calculating an increase in fees authorized by division (E)(1) of	72272
this section, the director shall compile revised fee schedules for	72273
the purposes of division (B) of this section and shall make the	72274
revised schedules available to persons required to pay the fees	72275
assessed under that division and to the public.	72276

(2) For the purposes of division (E)(1) of this section:

72277

(a) The consumer price index for any year is the average of	72278
the consumer price index for all urban consumers published by the	72279
United States department of labor as of the close of the	72280
twelve-month period ending on the thirty-first day of August of	72281
that year.	72282

(b) If the 1989 consumer price index is revised, the director	72283
shall use the revision of the consumer price index that is most	72284
consistent with that for calendar year 1989.	72285

(F) Each person who is issued a permit to install pursuant to	72286
rules adopted under division (F) of section 3704.03 of the Revised	72287
Code on or after July 1, 2003, shall pay the fees specified in the	72288
following schedules:	72289

(1) Fuel-burning equipment (boilers, furnaces, or process	72290
heaters used in the process of burning fuel for the primary	72291
purpose of producing heat or power by indirect heat transfer)	72292

Input capacity (maximum)		72293
(million British thermal units per hour)	Permit to install	72294
Greater than 0, but less than 10	$ 200	72295
10 or more, but less than 100	400	72296
100 or more, but less than 300	1000	72297
300 or more, but less than 500	2250	72298
500 or more, but less than 1000	3750	72299
1000 or more, but less than 5000	6000	72300
5000 or more	9000	72301

Units burning exclusively natural gas, number two fuel oil,	72302
or both shall be assessed a fee that is one-half the applicable	72303
amount shown in division (F)(1) of this section.	72304

(2) Combustion turbines and stationary internal combustion	72305
engines designed to generate electricity	72306

Generating capacity (mega watts)	Permit to install	72307
0 or more, but less than 10	$ 25	72308
10 or more, but less than 25	150	72309
25 or more, but less than 50	300	72310
50 or more, but less than 100	500	72311
100 or more, but less than 250	1000	72312
250 or more	2000	72313

(3) Incinerators

72314

Input capacity (pounds per hour)	Permit to install	72315
0 to 100	$ 100	72316
101 to 500	500	72317
501 to 2000	1000	72318
2001 to 20,000	1500	72319
more than 20,000	3750	72320

(4)(a) Process

72321

Process weight rate (pounds per hour)	Permit to install	72322
0 to 1000	$ 200	72323
1001 to 5000	500	72324
5001 to 10,000	750	72325
10,001 to 50,000	1000	72326
more than 50,000	1250	72327

In any process where process weight rate cannot be	72328
ascertained, the minimum fee shall be assessed. A boiler, furnace,	72329
combustion turbine, stationary internal combustion engine, or	72330
process heater designed to provide direct heat or power to a	72331
process not designed to generate electricity shall be assessed a	72332
fee established in division (F)(4)(a) of this section. A	72333
combustion turbine or stationary internal combustion engine	72334
designed to generate electricity shall be assessed a fee	72335
established in division (F)(2) of this section.	72336

(b) Notwithstanding division (F)(4)(a) of this section, any	72337
person issued a permit to install pursuant to rules adopted under	72338
division (F) of section 3704.03 of the Revised Code shall pay the	72339
fees set forth in division (F)(4)(c) of this section for a process	72340
used in any of the following industries, as identified by the	72341
applicable two-digit, three-digit, or four-digit standard	72342
industrial classification code according to the Standard	72343
Industrial Classification Manual published by the United States	72344
office of management and budget in the executive office of the	72345
president, 1987, as revised:	72346

Major group 10, metal mining;

72347

Major group 12, coal mining;

72348

Major group 14, mining and quarrying of nonmetallic minerals;

72349

Industry group 204, grain mill products;

72350

2873 Nitrogen fertilizers;

72351

2874 Phosphatic fertilizers;

72352

3281 Cut stone and stone products;

72353

3295 Minerals and earth, ground or otherwise treated;

72354

4221 Grain elevators (storage only);

72355

5159 Farm related raw materials;

72356

5261 Retail nurseries and lawn and garden supply stores.

72357

(c) The fees set forth in the following schedule apply to the	72358
issuance of a permit to install pursuant to rules adopted under	72359
division (F) of section 3704.03 of the Revised Code for a process	72360
identified in division (F)(4)(b) of this section:	72361

Process weight rate (pounds per hour)	Permit to install	72362
0 to 10,000	$ 200	72363
10,001 to 50,000	400	72364
50,001 to 100,000	500	72365
100,001 to 200,000	600	72366
200,001 to 400,000	750	72367
400,001 or more	900	72368

(5) Storage tanks

72369

Gallons (maximum useful capacity)	Permit to install	72370
0 to 20,000	$ 100	72371
20,001 to 40,000	150	72372
40,001 to 100,000	250	72373
100,001 to 500,000	400	72374
500,001 or greater	750	72375

(6) Gasoline/fuel dispensing facilities

72376

For each gasoline/fuel		72377
dispensing facility (includes all	Permit to install	72378
units at the facility)	$ 100	72379

(7) Dry cleaning facilities

72380

For each dry cleaning		72381
facility (includes all units	Permit to install	72382
at the facility)	$ 100	72383

(8) Registration status

72384

For each source covered			Permit to install			72385
by registration status			$ 75			72386

(G) An owner or operator who is responsible for an asbestos	72387
demolition or renovation project pursuant to rules adopted under	72388
section 3704.03 of the Revised Code shall pay the fees set forth	72389
in the following schedule:	72390

Action	Fee	72391
Each notification	$75	72392
Asbestos removal	$3/unit	72393
Asbestos cleanup	$4/cubic yard	72394

For purposes of this division, "unit" means any combination of	72395
linear feet or square feet equal to fifty.	72396

(H) A person who is issued an extension of time for a permit	72397
to install an air contaminant source pursuant to rules adopted	72398
under division (F) of section 3704.03 of the Revised Code shall	72399
pay a fee equal to one-half the fee originally assessed for the	72400
permit to install under this section, except that the fee for such	72401
an extension shall not exceed two hundred dollars.	72402

(I) A person who is issued a modification to a permit to	72403
install an air contaminant source pursuant to rules adopted under	72404
section 3704.03 of the Revised Code shall pay a fee equal to	72405
one-half of the fee that would be assessed under this section to	72406
obtain a permit to install the source. The fee assessed by this	72407
division only applies to modifications that are initiated by the	72408
owner or operator of the source and shall not exceed two thousand	72409
dollars.	72410

(J) Notwithstanding division (F) of this section, a person	72411
who applies for or obtains a permit to install pursuant to rules	72412
adopted under division (F) of section 3704.03 of the Revised Code	72413
after the date actual construction of the source began shall pay a	72414
fee for the permit to install that is equal to twice the fee that	72415
otherwise would be assessed under the applicable division unless	72416
the applicant received authorization to begin construction under	72417
division (W) of section 3704.03 of the Revised Code. This division	72418
only applies to sources for which actual construction of the	72419
source begins on or after July 1, 1993. The imposition or payment	72420
of the fee established in this division does not preclude the	72421
director from taking any administrative or judicial enforcement	72422
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	72423
of the Revised Code, or a rule adopted under any of them, in	72424
connection with a violation of rules adopted under division (F) of	72425
section 3704.03 of the Revised Code.	72426

As used in this division, "actual construction of the source"	72427
means the initiation of physical on-site construction activities	72428
in connection with improvements to the source that are permanent	72429
in nature, including, without limitation, the installation of	72430
building supports and foundations and the laying of underground	72431
pipework.	72432

(K)(1) Money received under division (B) of this section	72433
shall be deposited in the state treasury to the credit of the	72434
Title V clean air fund created in section 3704.035 of the Revised	72435
Code. Annually, fifty cents per ton of each fee assessed under	72436
division (B) of this section on actual emissions from a source and	72437
received by the environmental protection agency pursuant to that	72438
division shall be transferred using an interstate transfer voucher	72439
to the state treasury to the credit of the small business	72440
assistance fund created in section 3706.19 of the Revised Code. In	72441
addition, annually, the amount of money necessary for the	72442
operation of the office of ombudsperson as determined under	72443
division (B) of that section shall be transferred to the state	72444
treasury to the credit of the small business ombudsperson fund	72445
created by that section.	72446

(2) Money received by the agency pursuant to divisions (D),	72447
(F), (G), (H), (I), and (J) of this section shall be deposited in	72448
the state treasury to the credit of the non-Title V clean air fund	72449
created in section 3704.035 of the Revised Code.	72450

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	72451
or (c) of this section, a person issued a water discharge permit	72452
or renewal of a water discharge permit pursuant to Chapter 6111.	72453
of the Revised Code shall pay a fee based on each point source to	72454
which the issuance is applicable in accordance with the following	72455
schedule:	72456

Design flow discharge (gallons per day)	Fee	72457
0 to 1000	$ 0	72458
1,001 to 5000	100	72459
5,001 to 50,000	200	72460
50,001 to 100,000	300	72461
100,001 to 300,000	525	72462
over 300,000	750	72463

(b) Notwithstanding the fee schedule specified in division	72464
(L)(1)(a) of this section, the fee for a water discharge permit	72465
that is applicable to coal mining operations regulated under	72466
Chapter 1513. of the Revised Code shall be two hundred fifty	72467
dollars per mine.	72468

(c) Notwithstanding the fee schedule specified in division	72469
(L)(1)(a) of this section, the fee for a water discharge permit	72470
for a public discharger identified by I in the third character of	72471
the permittee's NPDES permit number shall not exceed seven hundred	72472
fifty dollars.	72473

(2) A person applying for a plan approval for a wastewater	72474
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	72475
of the Revised Code shall pay a fee of one hundred dollars plus	72476
sixty-five one-hundredths of one per cent of the estimated project	72477
cost through June 30, ~~2014~~2016, and one hundred dollars plus	72478
two-tenths of one per cent of the estimated project cost on and	72479
after July 1, ~~2014~~2016, except that the total fee shall not	72480
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	72481
five thousand dollars on and after July 1, ~~2014~~2016. The fee	72482
shall be paid at the time the application is submitted.	72483

(3) A person issued a modification of a water discharge	72484
permit shall pay a fee equal to one-half the fee that otherwise	72485
would be charged for a water discharge permit, except that the fee	72486
for the modification shall not exceed four hundred dollars.	72487

(4) A person who has entered into an agreement with the	72488
director under section 6111.14 of the Revised Code shall pay an	72489
administrative service fee for each plan submitted under that	72490
section for approval that shall not exceed the minimum amount	72491
necessary to pay administrative costs directly attributable to	72492
processing plan approvals. The director annually shall calculate	72493
the fee and shall notify all persons who have entered into	72494
agreements under that section, or who have applied for agreements,	72495
of the amount of the fee.	72496

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	72497
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	72498
pursuant to Chapter 6111. of the Revised Code with an average	72499
daily discharge flow of five thousand gallons or more shall pay a	72500
nonrefundable annual discharge fee. Any person who fails to pay	72501
the fee at that time shall pay an additional amount that equals	72502
ten per cent of the required annual discharge fee.	72503

(ii) The billing year for the annual discharge fee	72504
established in division (L)(5)(a)(i) of this section shall consist	72505
of a twelve-month period beginning on the first day of January of	72506
the year preceding the date when the annual discharge fee is due.	72507
In the case of an existing source that permanently ceases to	72508
discharge during a billing year, the director shall reduce the	72509
annual discharge fee, including the surcharge applicable to	72510
certain industrial facilities pursuant to division (L)(5)(c) of	72511
this section, by one-twelfth for each full month during the	72512
billing year that the source was not discharging, but only if the	72513
person holding the NPDES discharge permit for the source notifies	72514
the director in writing, not later than the first day of October	72515
of the billing year, of the circumstances causing the cessation of	72516
discharge.	72517

(iii) The annual discharge fee established in division	72518
(L)(5)(a)(i) of this section, except for the surcharge applicable	72519
to certain industrial facilities pursuant to division (L)(5)(c) of	72520
this section, shall be based upon the average daily discharge flow	72521
in gallons per day calculated using first day of May through	72522
thirty-first day of October flow data for the period two years	72523
prior to the date on which the fee is due. In the case of NPDES	72524
discharge permits for new sources, the fee shall be calculated	72525
using the average daily design flow of the facility until actual	72526
average daily discharge flow values are available for the time	72527
period specified in division (L)(5)(a)(iii) of this section. The	72528
annual discharge fee may be prorated for a new source as described	72529
in division (L)(5)(a)(ii) of this section.	72530

(b) An NPDES permit holder that is a public discharger shall	72531
pay the fee specified in the following schedule:	72532

Average daily	Fee due by	72533
discharge flow	January 30,	72534
	~~2012~~ 2014, and	72535
	January 30, ~~2013~~ 2015	72536

5,000 to 49,999	$ 200	72537
50,000 to 100,000	500	72538
100,001 to 250,000	1,050	72539
250,001 to 1,000,000	2,600	72540
1,000,001 to 5,000,000	5,200	72541
5,000,001 to 10,000,000	10,350	72542
10,000,001 to 20,000,000	15,550	72543
20,000,001 to 50,000,000	25,900	72544
50,000,001 to 100,000,000	41,400	72545
100,000,001 or more	62,100	72546

Public dischargers owning or operating two or more publicly	72547
owned treatment works serving the same political subdivision, as	72548
"treatment works" is defined in section 6111.01 of the Revised	72549
Code, and that serve exclusively political subdivisions having a	72550
population of fewer than one hundred thousand shall pay an annual	72551
discharge fee under division (L)(5)(b) of this section that is	72552
based on the combined average daily discharge flow of the	72553
treatment works.	72554

(c) An NPDES permit holder that is an industrial discharger,	72555
other than a coal mining operator identified by P in the third	72556
character of the permittee's NPDES permit number, shall pay the	72557
fee specified in the following schedule:	72558

Average daily	Fee due by	72559
discharge flow	January 30,	72560
	~~2012~~ 2014, and	72561
	January 30, ~~2013~~ 2015	72562

5,000 to 49,999	$ 250	72563
50,000 to 250,000	1,200	72564
250,001 to 1,000,000	2,950	72565
1,000,001 to 5,000,000	5,850	72566
5,000,001 to 10,000,000	8,800	72567
10,000,001 to 20,000,000	11,700	72568
20,000,001 to 100,000,000	14,050	72569
100,000,001 to 250,000,000	16,400	72570
250,000,001 or more	18,700	72571

In addition to the fee specified in the above schedule, an	72572
NPDES permit holder that is an industrial discharger classified as	72573
a major discharger during all or part of the annual discharge fee	72574
billing year specified in division (L)(5)(a)(ii) of this section	72575
shall pay a nonrefundable annual surcharge of seven thousand five	72576
hundred dollars not later than January 30, ~~2012~~2014, and not	72577
later than January 30, ~~2013~~2015. Any person who fails to pay the	72578
surcharge at that time shall pay an additional amount that equals	72579
ten per cent of the amount of the surcharge.	72580

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	72581
section, a public discharger identified by I in the third	72582
character of the permittee's NPDES permit number and an industrial	72583
discharger identified by I, J, L, V, W, X, Y, or Z in the third	72584
character of the permittee's NPDES permit number shall pay a	72585
nonrefundable annual discharge fee of one hundred eighty dollars	72586
not later than January 30, ~~2012~~2014, and not later than January	72587
30, ~~2013~~2015. Any person who fails to pay the fee at that time	72588
shall pay an additional amount that equals ten per cent of the	72589
required fee.	72590

(6) Each person obtaining a national pollutant discharge	72591
elimination system general or individual permit for municipal	72592
storm water discharge shall pay a nonrefundable storm water	72593
discharge fee of one hundred dollars per square mile of area	72594
permitted. The fee shall not exceed ten thousand dollars and shall	72595
be payable on or before January 30, 2004, and the thirtieth day of	72596
January of each year thereafter. Any person who fails to pay the	72597
fee on the date specified in division (L)(6) of this section shall	72598
pay an additional amount per year equal to ten per cent of the	72599
annual fee that is unpaid.	72600

(7) The director shall transmit all moneys collected under	72601
division (L) of this section to the treasurer of state for deposit	72602
into the state treasury to the credit of the surface water	72603
protection fund created in section 6111.038 of the Revised Code.	72604

(8) As used in division (L) of this section:

72605

(a) "NPDES" means the federally approved national pollutant	72606
discharge elimination system program for issuing, modifying,	72607
revoking, reissuing, terminating, monitoring, and enforcing	72608
permits and imposing and enforcing pretreatment requirements under	72609
Chapter 6111. of the Revised Code and rules adopted under it.	72610

(b) "Public discharger" means any holder of an NPDES permit	72611
identified by P in the second character of the NPDES permit number	72612
assigned by the director.	72613

(c) "Industrial discharger" means any holder of an NPDES	72614
permit identified by I in the second character of the NPDES permit	72615
number assigned by the director.	72616

(d) "Major discharger" means any holder of an NPDES permit	72617
classified as major by the regional administrator of the United	72618
States environmental protection agency in conjunction with the	72619
director.	72620

(M) Through June 30, ~~2014~~2016, a person applying for a	72621
license or license renewal to operate a public water system under	72622
section 6109.21 of the Revised Code shall pay the appropriate fee	72623
established under this division at the time of application to the	72624
director. Any person who fails to pay the fee at that time shall	72625
pay an additional amount that equals ten per cent of the required	72626
fee. The director shall transmit all moneys collected under this	72627
division to the treasurer of state for deposit into the drinking	72628
water protection fund created in section 6109.30 of the Revised	72629
Code.	72630

Except as provided in ~~division~~divisions (M)(4) and (5) of	72631
this section, fees required under this division shall be	72632
calculated and paid in accordance with the following schedule:	72633

(1) For the initial license required under section 6109.21 of	72634
the Revised Code for any public water system that is a community	72635
water system as defined in section 6109.01 of the Revised Code,	72636
and for each license renewal required for such a system prior to	72637
January 31, ~~2014~~2016, the fee is:	72638

Number of service connections		Fee amount	72639
	Not more than 49	$ 112	72640
	50 to 99	176	72641

Number of service connections		Average cost per connection	72642
	100 to 2,499	$ 1.92	72643
	2,500 to 4,999	1.48	72644
	5,000 to 7,499	1.42	72645
	7,500 to 9,999	1.34	72646
	10,000 to 14,999	1.16	72647
	15,000 to 24,999	1.10	72648
	25,000 to 49,999	1.04	72649
	50,000 to 99,999	.92	72650
	100,000 to 149,999	.86	72651
	150,000 to 199,999	.80	72652
	200,000 or more	.76	72653

A public water system may determine how it will pay the total	72654
amount of the fee calculated under division (M)(1) of this	72655
section, including the assessment of additional user fees that may	72656
be assessed on a volumetric basis.	72657

As used in division (M)(1) of this section, "service	72658
connection" means the number of active or inactive pipes,	72659
goosenecks, pigtails, and any other fittings connecting a water	72660
main to any building outlet.	72661

(2) For the initial license required under section 6109.21 of	72662
the Revised Code for any public water system that is not a	72663
community water system and serves a nontransient population, and	72664
for each license renewal required for such a system prior to	72665
January 31, ~~2014~~2016, the fee is:	72666

Population served	Fee amount	72667
Fewer than 150	$ 112	72668
150 to 299	176	72669
300 to 749	384	72670
750 to 1,499	628	72671
1,500 to 2,999	1,268	72672
3,000 to 7,499	2,816	72673
7,500 to 14,999	5,510	72674
15,000 to 22,499	9,048	72675
22,500 to 29,999	12,430	72676
30,000 or more	16,820	72677

As used in division (M)(2) of this section, "population	72678
served" means the total number of individuals having access to the	72679
water supply during a twenty-four-hour period for at least sixty	72680
days during any calendar year. In the absence of a specific	72681
population count, that number shall be calculated at the rate of	72682
three individuals per service connection.	72683

(3) For the initial license required under section 6109.21 of	72684
the Revised Code for any public water system that is not a	72685
community water system and serves a transient population, and for	72686
each license renewal required for such a system prior to January	72687
31, ~~2014~~2016, the fee is:	72688

Number of wells or sources, other than surface water, supplying system		Fee amount	72689
	1	$112	72690
	2	112	72691
	3	176	72692
	4	278	72693
	5	568	72694
	System designated as using a		72695
	surface water source	792	72696

As used in division (M)(3) of this section, "number of wells	72697
or sources, other than surface water, supplying system" means	72698
those wells or sources that are physically connected to the	72699
plumbing system serving the public water system.	72700

(4) A public water system designated as using a surface water	72701
source shall pay a fee of seven hundred ninety-two dollars or the	72702
amount calculated under division (M)(1) or (2) of this section,	72703
whichever is greater.	72704

(5) An applicant for an initial license who is proposing to	72705
operate a new public water supply system shall submit a fee that	72706
equals a prorated amount of the appropriate fee for the remainder	72707
of the licensing year.	72708

(N)(1) A person applying for a plan approval for a public	72709
water supply system under section 6109.07 of the Revised Code	72710
shall pay a fee of one hundred fifty dollars plus thirty-five	72711
hundredths of one per cent of the estimated project cost, except	72712
that the total fee shall not exceed twenty thousand dollars	72713
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	72714
after July 1, ~~2014~~2016. The fee shall be paid at the time the	72715
application is submitted.	72716

(2) A person who has entered into an agreement with the	72717
director under division (A)(2) of section 6109.07 of the Revised	72718
Code shall pay an administrative service fee for each plan	72719
submitted under that section for approval that shall not exceed	72720
the minimum amount necessary to pay administrative costs directly	72721
attributable to processing plan approvals. The director annually	72722
shall calculate the fee and shall notify all persons that have	72723
entered into agreements under that division, or who have applied	72724
for agreements, of the amount of the fee.	72725

(3) Through June 30, ~~2014~~2016, the following fee, on a per	72726
survey basis, shall be charged any person for services rendered by	72727
the state in the evaluation of laboratories and laboratory	72728
personnel for compliance with accepted analytical techniques and	72729
procedures established pursuant to Chapter 6109. of the Revised	72730
Code for determining the qualitative characteristics of water:	72731

microbiological			72732
	MMO-MUG	$2,000	72733
	MF	2,100	72734
	MMO-MUG and MF	2,550	72735
organic chemical		5,400	72736
trace metals		5,400	72737
standard chemistry		2,800	72738
limited chemistry		1,550	72739

On and after July 1, ~~2014~~2016, the following fee, on a per	72740
survey basis, shall be charged any such person:	72741

microbiological	$ 1,650	72742
organic chemicals	3,500	72743
trace metals	3,500	72744
standard chemistry	1,800	72745
limited chemistry	1,000	72746

The fee for those services shall be paid at the time the request	72747
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	72748
laboratory shall not be assessed a fee under this division more	72749
than once in any three-year period unless the person requests the	72750
addition of analytical methods or analysts, in which case the	72751
person shall pay eighteen hundred dollars for each additional	72752
survey requested.	72753

As used in division (N)(3) of this section:

72754

(a) "MF" means microfiltration.

72755

(b) "MMO" means minimal medium ONPG.

72756

72757

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

72758

The director shall transmit all moneys collected under this	72759
division to the treasurer of state for deposit into the drinking	72760
water protection fund created in section 6109.30 of the Revised	72761
Code.	72762

(O) Any person applying to the director to take an	72763
examination for certification as an operator of a water supply	72764
system or wastewater system under Chapter 6109. or 6111. of the	72765
Revised Code that is administered by the director, at the time the	72766
application is submitted, shall pay a fee in accordance with the	72767
following schedule through November 30, ~~2014~~2016:	72768

Class A operator	$ 80	72769
Class I operator	105	72770
Class II operator	120	72771
Class III operator	130	72772
Class IV operator	145	72773

On and after December 1, ~~2014~~2016, the applicant shall pay a	72774
fee in accordance with the following schedule:	72775

Class A operator	$ 50	72776
Class I operator	70	72777
Class II operator	80	72778
Class III operator	90	72779
Class IV operator	100	72780

Any person applying to the director for certification as an	72781
operator of a water supply system or wastewater system who has	72782
passed an examination administered by an examination provider	72783
approved by the director shall pay a certification fee of	72784
forty-five dollars.	72785

A person shall pay a biennial certification renewal fee for	72786
each applicable class of certification in accordance with the	72787
following schedule:	72788

Class A operator	$25	72789
Class I operator	35	72790
Class II operator	45	72791
Class III operator	55	72792
Class IV operator	65	72793

If a certification renewal fee is received by the director	72794
more than thirty days, but not more than one year after the	72795
expiration date of the certification, the person shall pay a	72796
certification renewal fee in accordance with the following	72797
schedule:	72798

Class A operator	$45	72799
Class I operator	55	72800
Class II operator	65	72801
Class III operator	75	72802
Class IV operator	85	72803

A person who requests a replacement certificate shall pay a	72804
fee of twenty-five dollars at the time the request is made.	72805

Any person applying to be a water supply system or wastewater	72806
treatment system examination provider shall pay an application fee	72807
of five hundred dollars. Any person approved by the director as a	72808
water supply system or wastewater treatment system examination	72809
provider shall pay an annual fee that is equal to ten per cent of	72810
the fees that the provider assesses and collects for administering	72811
water supply system or wastewater treatment system certification	72812
examinations in this state for the calendar year. The fee shall be	72813
paid not later than forty-five days after the end of a calendar	72814
year.	72815

The director shall transmit all moneys collected under this	72816
division to the treasurer of state for deposit into the drinking	72817
water protection fund created in section 6109.30 of the Revised	72818
Code.	72819

(P) Any person submitting an application for an industrial	72820
water pollution control certificate under section 6111.31 of the	72821
Revised Code, as that section existed before its repeal by H.B. 95	72822
of the 125th general assembly, shall pay a nonrefundable fee of	72823
five hundred dollars at the time the application is submitted. The	72824
director shall transmit all moneys collected under this division	72825
to the treasurer of state for deposit into the surface water	72826
protection fund created in section 6111.038 of the Revised Code. A	72827
person paying a certificate fee under this division shall not pay	72828
an application fee under division (S)(1) of this section. On and	72829
after June 26, 2003, persons shall file such applications and pay	72830
the fee as required under sections 5709.20 to 5709.27 of the	72831
Revised Code, and proceeds from the fee shall be credited as	72832
provided in section 5709.212 of the Revised Code.	72833

(Q) Except as otherwise provided in division (R) of this	72834
section, a person issued a permit by the director for a new solid	72835
waste disposal facility other than an incineration or composting	72836
facility, a new infectious waste treatment facility other than an	72837
incineration facility, or a modification of such an existing	72838
facility that includes an increase in the total disposal or	72839
treatment capacity of the facility pursuant to Chapter 3734. of	72840
the Revised Code shall pay a fee of ten dollars per thousand cubic	72841
yards of disposal or treatment capacity, or one thousand dollars,	72842
whichever is greater, except that the total fee for any such	72843
permit shall not exceed eighty thousand dollars. A person issued a	72844
modification of a permit for a solid waste disposal facility or an	72845
infectious waste treatment facility that does not involve an	72846
increase in the total disposal or treatment capacity of the	72847
facility shall pay a fee of one thousand dollars. A person issued	72848
a permit to install a new, or modify an existing, solid waste	72849
transfer facility under that chapter shall pay a fee of two	72850
thousand five hundred dollars. A person issued a permit to install	72851
a new or to modify an existing solid waste incineration or	72852
composting facility, or an existing infectious waste treatment	72853
facility using incineration as its principal method of treatment,	72854
under that chapter shall pay a fee of one thousand dollars. The	72855
increases in the permit fees under this division resulting from	72856
the amendments made by Amended Substitute House Bill 592 of the	72857
117th general assembly do not apply to any person who submitted an	72858
application for a permit to install a new, or modify an existing,	72859
solid waste disposal facility under that chapter prior to	72860
September 1, 1987; any such person shall pay the permit fee	72861
established in this division as it existed prior to June 24, 1988.	72862
In addition to the applicable permit fee under this division, a	72863
person issued a permit to install or modify a solid waste facility	72864
or an infectious waste treatment facility under that chapter who	72865
fails to pay the permit fee to the director in compliance with	72866
division (V) of this section shall pay an additional ten per cent	72867
of the amount of the fee for each week that the permit fee is	72868
late.	72869

Permit and late payment fees paid to the director under this	72870
division shall be credited to the general revenue fund.	72871

(R)(1) A person issued a registration certificate for a scrap	72872
tire collection facility under section 3734.75 of the Revised Code	72873
shall pay a fee of two hundred dollars, except that if the	72874
facility is owned or operated by a motor vehicle salvage dealer	72875
licensed under Chapter 4738. of the Revised Code, the person shall	72876
pay a fee of twenty-five dollars.	72877

(2) A person issued a registration certificate for a new	72878
scrap tire storage facility under section 3734.76 of the Revised	72879
Code shall pay a fee of three hundred dollars, except that if the	72880
facility is owned or operated by a motor vehicle salvage dealer	72881
licensed under Chapter 4738. of the Revised Code, the person shall	72882
pay a fee of twenty-five dollars.	72883

(3) A person issued a permit for a scrap tire storage	72884
facility under section 3734.76 of the Revised Code shall pay a fee	72885
of one thousand dollars, except that if the facility is owned or	72886
operated by a motor vehicle salvage dealer licensed under Chapter	72887
4738. of the Revised Code, the person shall pay a fee of fifty	72888
dollars.	72889

(4) A person issued a permit for a scrap tire monocell or	72890
monofill facility under section 3734.77 of the Revised Code shall	72891
pay a fee of ten dollars per thousand cubic yards of disposal	72892
capacity or one thousand dollars, whichever is greater, except	72893
that the total fee for any such permit shall not exceed eighty	72894
thousand dollars.	72895

(5) A person issued a registration certificate for a scrap	72896
tire recovery facility under section 3734.78 of the Revised Code	72897
shall pay a fee of one hundred dollars.	72898

(6) A person issued a permit for a scrap tire recovery	72899
facility under section 3734.78 of the Revised Code shall pay a fee	72900
of one thousand dollars.	72901

(7) In addition to the applicable registration certificate or	72902
permit fee under divisions (R)(1) to (6) of this section, a person	72903
issued a registration certificate or permit for any such scrap	72904
tire facility who fails to pay the registration certificate or	72905
permit fee to the director in compliance with division (V) of this	72906
section shall pay an additional ten per cent of the amount of the	72907
fee for each week that the fee is late.	72908

(8) The registration certificate, permit, and late payment	72909
fees paid to the director under divisions (R)(1) to (7) of this	72910
section shall be credited to the scrap tire management fund	72911
created in section 3734.82 of the Revised Code.	72912

(S)(1) Except as provided by divisions (L), (M), (N), (O),	72913
(P), and (S)(2) of this section, division (A)(2) of section	72914
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	72915
and rules adopted under division (T)(1) of this section, any	72916
person applying for a registration certificate under section	72917
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	72918
variance, or plan approval under Chapter 3734. of the Revised Code	72919
shall pay a nonrefundable fee of fifteen dollars at the time the	72920
application is submitted.	72921

Except as otherwise provided, any person applying for a	72922
permit, variance, or plan approval under Chapter 6109. or 6111. of	72923
the Revised Code shall pay a nonrefundable fee of one hundred	72924
dollars at the time the application is submitted through June 30,	72925
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	72926
the application is submitted on and after July 1, ~~2014~~2016.	72927
Except as provided in division (S)(3) of this section, through	72928
June 30, ~~2014~~2016, any person applying for a national pollutant	72929
discharge elimination system permit under Chapter 6111. of the	72930
Revised Code shall pay a nonrefundable fee of two hundred dollars	72931
at the time of application for the permit. On and after July 1,	72932
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	72933
dollars at the time of application.	72934

In addition to the application fee established under division	72935
(S)(1) of this section, any person applying for a national	72936
pollutant discharge elimination system general storm water	72937
construction permit shall pay a nonrefundable fee of twenty	72938
dollars per acre for each acre that is permitted above five acres	72939
at the time the application is submitted. However, the per acreage	72940
fee shall not exceed three hundred dollars. In addition, any	72941
person applying for a national pollutant discharge elimination	72942
system general storm water industrial permit shall pay a	72943
nonrefundable fee of one hundred fifty dollars at the time the	72944
application is submitted.	72945

The director shall transmit all moneys collected under	72946
division (S)(1) of this section pursuant to Chapter 6109. of the	72947
Revised Code to the treasurer of state for deposit into the	72948
drinking water protection fund created in section 6109.30 of the	72949
Revised Code.	72950

The director shall transmit all moneys collected under	72951
division (S)(1) of this section pursuant to Chapter 6111. of the	72952
Revised Code and under division (S)(3) of this section to the	72953
treasurer of state for deposit into the surface water protection	72954
fund created in section 6111.038 of the Revised Code.	72955

If a registration certificate is issued under section	72956
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	72957
the application fee paid shall be deducted from the amount of the	72958
registration certificate fee due under division (R)(1), (2), or	72959
(5) of this section, as applicable.	72960

If a person submits an electronic application for a	72961
registration certificate, permit, variance, or plan approval for	72962
which an application fee is established under division (S)(1) of	72963
this section, the person shall pay the applicable application fee	72964
as expeditiously as possible after the submission of the	72965
electronic application. An application for a registration	72966
certificate, permit, variance, or plan approval for which an	72967
application fee is established under division (S)(1) of this	72968
section shall not be reviewed or processed until the applicable	72969
application fee, and any other fees established under this	72970
division, are paid.	72971

(2) Division (S)(1) of this section does not apply to an	72972
application for a registration certificate for a scrap tire	72973
collection or storage facility submitted under section 3734.75 or	72974
3734.76 of the Revised Code, as applicable, if the owner or	72975
operator of the facility or proposed facility is a motor vehicle	72976
salvage dealer licensed under Chapter 4738. of the Revised Code.	72977

(3) A person applying for coverage under a national pollutant	72978
discharge elimination system general discharge permit for	72979
household sewage treatment systems shall pay the following fees:	72980

(a) A nonrefundable fee of two hundred dollars at the time of	72981
application for initial permit coverage;	72982

(b) A nonrefundable fee of one hundred dollars at the time of	72983
application for a renewal of permit coverage.	72984

(T) The director may adopt, amend, and rescind rules in	72985
accordance with Chapter 119. of the Revised Code that do all of	72986
the following:	72987

(1) Prescribe fees to be paid by applicants for and holders	72988
of any license, permit, variance, plan approval, or certification	72989
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	72990
the Revised Code that are not specifically established in this	72991
section. The fees shall be designed to defray the cost of	72992
processing, issuing, revoking, modifying, denying, and enforcing	72993
the licenses, permits, variances, plan approvals, and	72994
certifications.	72995

The director shall transmit all moneys collected under rules	72996
adopted under division (T)(1) of this section pursuant to Chapter	72997
6109. of the Revised Code to the treasurer of state for deposit	72998
into the drinking water protection fund created in section 6109.30	72999
of the Revised Code.	73000

The director shall transmit all moneys collected under rules	73001
adopted under division (T)(1) of this section pursuant to Chapter	73002
6111. of the Revised Code to the treasurer of state for deposit	73003
into the surface water protection fund created in section 6111.038	73004
of the Revised Code.	73005

(2) Exempt the state and political subdivisions thereof,	73006
including education facilities or medical facilities owned by the	73007
state or a political subdivision, or any person exempted from	73008
taxation by section 5709.07 or 5709.12 of the Revised Code, from	73009
any fee required by this section;	73010

(3) Provide for the waiver of any fee, or any part thereof,	73011
otherwise required by this section whenever the director	73012
determines that the imposition of the fee would constitute an	73013
unreasonable cost of doing business for any applicant, class of	73014
applicants, or other person subject to the fee;	73015

(4) Prescribe measures that the director considers necessary	73016
to carry out this section.	73017

(U) When the director reasonably demonstrates that the direct	73018
cost to the state associated with the issuance of a permit to	73019
install, license, variance, plan approval, or certification	73020
exceeds the fee for the issuance or review specified by this	73021
section, the director may condition the issuance or review on the	73022
payment by the person receiving the issuance or review of, in	73023
addition to the fee specified by this section, the amount, or any	73024
portion thereof, in excess of the fee specified under this	73025
section. The director shall not so condition issuances for which a	73026
fee is prescribed in division (L)(1)(b) of this section.	73027

(V) Except as provided in divisions (L), (M), and (P) of this	73028
section or unless otherwise prescribed by a rule of the director	73029
adopted pursuant to Chapter 119. of the Revised Code, all fees	73030
required by this section are payable within thirty days after the	73031
issuance of an invoice for the fee by the director or the	73032
effective date of the issuance of the license, permit, variance,	73033
plan approval, or certification. If payment is late, the person	73034
responsible for payment of the fee shall pay an additional ten per	73035
cent of the amount due for each month that it is late.	73036

(W) As used in this section, "fuel-burning equipment,"	73037
"fuel-burning equipment input capacity," "incinerator,"	73038
"incinerator input capacity," "process," "process weight rate,"	73039
"storage tank," "gasoline dispensing facility," "dry cleaning	73040
facility," "design flow discharge," and "new source treatment	73041
works" have the meanings ascribed to those terms by applicable	73042
rules or standards adopted by the director under Chapter 3704. or	73043
6111. of the Revised Code.	73044

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	73045
(J) of this section, and in any other provision of this section	73046
pertaining to fees paid pursuant to Chapter 3704. of the Revised	73047
Code:	73048

(1) "Facility," "federal Clean Air Act," "person," and "Title	73049
V permit" have the same meanings as in section 3704.01 of the	73050
Revised Code.	73051

(2) "Title V permit program" means the following activities	73052
as necessary to meet the requirements of Title V of the federal	73053
Clean Air Act and 40 C.F.R. part 70, including at least:	73054

(a) Preparing and adopting, if applicable, generally	73055
applicable rules or guidance regarding the permit program or its	73056
implementation or enforcement;	73057

(b) Reviewing and acting on any application for a Title V	73058
permit, permit revision, or permit renewal, including the	73059
development of an applicable requirement as part of the processing	73060
of a permit, permit revision, or permit renewal;	73061

(c) Administering the permit program, including the	73062
supporting and tracking of permit applications, compliance	73063
certification, and related data entry;	73064

(d) Determining which sources are subject to the program and	73065
implementing and enforcing the terms of any Title V permit, not	73066
including any court actions or other formal enforcement actions;	73067

(e) Emission and ambient monitoring;

73068

(f) Modeling, analyses, or demonstrations;

73069

(g) Preparing inventories and tracking emissions;

73070

(h) Providing direct and indirect support to small business	73071
stationary sources to determine and meet their obligations under	73072
the federal Clean Air Act pursuant to the small business	73073
stationary source technical and environmental compliance	73074
assistance program required by section 507 of that act and	73075
established in sections 3704.18, 3704.19, and 3706.19 of the	73076
Revised Code.	73077

(3) "Organic compound" means any chemical compound of carbon,	73078
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic	73079
carbides or carbonates, and ammonium carbonate.	73080

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	73081
of this section, each sewage sludge facility shall pay a	73082
nonrefundable annual sludge fee equal to three dollars and fifty	73083
cents per dry ton of sewage sludge, including the dry tons of	73084
sewage sludge in materials derived from sewage sludge, that the	73085
sewage sludge facility treats or disposes of in this state. The	73086
annual volume of sewage sludge treated or disposed of by a sewage	73087
sludge facility shall be calculated using the first day of January	73088
through the thirty-first day of December of the calendar year	73089
preceding the date on which payment of the fee is due.	73090

(2)(a) Except as provided in division (Y)(2)(d) of this	73091
section, each sewage sludge facility shall pay a minimum annual	73092
sewage sludge fee of one hundred dollars.	73093

(b) The annual sludge fee required to be paid by a sewage	73094
sludge facility that treats or disposes of exceptional quality	73095
sludge in this state shall be thirty-five per cent less per dry	73096
ton of exceptional quality sludge than the fee assessed under	73097
division (Y)(1) of this section, subject to the following	73098
exceptions:	73099

(i) Except as provided in division (Y)(2)(d) of this section,	73100
a sewage sludge facility that treats or disposes of exceptional	73101
quality sludge shall pay a minimum annual sewage sludge fee of one	73102
hundred dollars.	73103

(ii) A sewage sludge facility that treats or disposes of	73104
exceptional quality sludge shall not be required to pay the annual	73105
sludge fee for treatment or disposal in this state of exceptional	73106
quality sludge generated outside of this state and contained in	73107
bags or other containers not greater than one hundred pounds in	73108
capacity.	73109

A thirty-five per cent reduction for exceptional quality	73110
sludge applies to the maximum annual fees established under	73111
division (Y)(3) of this section.	73112

(c) A sewage sludge facility that transfers sewage sludge to	73113
another sewage sludge facility in this state for further treatment	73114
prior to disposal in this state shall not be required to pay the	73115
annual sludge fee for the tons of sewage sludge that have been	73116
transferred. In such a case, the sewage sludge facility that	73117
disposes of the sewage sludge shall pay the annual sludge fee.	73118
However, the facility transferring the sewage sludge shall pay the	73119
one-hundred-dollar minimum fee required under division (Y)(2)(a)	73120
of this section.	73121

In the case of a sewage sludge facility that treats sewage	73122
sludge in this state and transfers it out of this state to another	73123
entity for disposal, the sewage sludge facility in this state	73124
shall be required to pay the annual sludge fee for the tons of	73125
sewage sludge that have been transferred.	73126

(d) A sewage sludge facility that generates sewage sludge	73127
resulting from an average daily discharge flow of less than five	73128
thousand gallons per day is not subject to the fees assessed under	73129
division (Y) of this section.	73130

(3) No sewage sludge facility required to pay the annual	73131
sludge fee shall be required to pay more than the maximum annual	73132
fee for each disposal method that the sewage sludge facility uses.	73133
The maximum annual fee does not include the additional amount that	73134
may be charged under division (Y)(5) of this section for late	73135
payment of the annual sludge fee. The maximum annual fee for the	73136
following methods of disposal of sewage sludge is as follows:	73137

(a) Incineration: five thousand dollars;

73138

(b) Preexisting land reclamation project or disposal in a	73139
landfill: five thousand dollars;	73140

(c) Land application, land reclamation, surface disposal, or	73141
any other disposal method not specified in division (Y)(3)(a) or	73142
(b) of this section: twenty thousand dollars.	73143

(4)(a) In the case of an entity that generates sewage sludge	73144
or a sewage sludge facility that treats sewage sludge and	73145
transfers the sewage sludge to an incineration facility for	73146
disposal, the incineration facility, and not the entity generating	73147
the sewage sludge or the sewage sludge facility treating the	73148
sewage sludge, shall pay the annual sludge fee for the tons of	73149
sewage sludge that are transferred. However, the entity or	73150
facility generating or treating the sewage sludge shall pay the	73151
one-hundred-dollar minimum fee required under division (Y)(2)(a)	73152
of this section.	73153

(b) In the case of an entity that generates sewage sludge and	73154
transfers the sewage sludge to a landfill for disposal or to a	73155
sewage sludge facility for land reclamation or surface disposal,	73156
the entity generating the sewage sludge, and not the landfill or	73157
sewage sludge facility, shall pay the annual sludge fee for the	73158
tons of sewage sludge that are transferred.	73159

(5) Not later than the first day of April of the calendar	73160
year following March 17, 2000, and each first day of April	73161
thereafter, the director shall issue invoices to persons who are	73162
required to pay the annual sludge fee. The invoice shall identify	73163
the nature and amount of the annual sludge fee assessed and state	73164
the first day of May as the deadline for receipt by the director	73165
of objections regarding the amount of the fee and the first day of	73166
July as the deadline for payment of the fee.	73167

Not later than the first day of May following receipt of an	73168
invoice, a person required to pay the annual sludge fee may submit	73169
objections to the director concerning the accuracy of information	73170
regarding the number of dry tons of sewage sludge used to	73171
calculate the amount of the annual sludge fee or regarding whether	73172
the sewage sludge qualifies for the exceptional quality sludge	73173
discount established in division (Y)(2)(b) of this section. The	73174
director may consider the objections and adjust the amount of the	73175
fee to ensure that it is accurate.	73176

If the director does not adjust the amount of the annual	73177
sludge fee in response to a person's objections, the person may	73178
appeal the director's determination in accordance with Chapter	73179
119. of the Revised Code.	73180

Not later than the first day of June, the director shall	73181
notify the objecting person regarding whether the director has	73182
found the objections to be valid and the reasons for the finding.	73183
If the director finds the objections to be valid and adjusts the	73184
amount of the annual sludge fee accordingly, the director shall	73185
issue with the notification a new invoice to the person	73186
identifying the amount of the annual sludge fee assessed and	73187
stating the first day of July as the deadline for payment.	73188

Not later than the first day of July, any person who is	73189
required to do so shall pay the annual sludge fee. Any person who	73190
is required to pay the fee, but who fails to do so on or before	73191
that date shall pay an additional amount that equals ten per cent	73192
of the required annual sludge fee.	73193

(6) The director shall transmit all moneys collected under	73194
division (Y) of this section to the treasurer of state for deposit	73195
into the surface water protection fund created in section 6111.038	73196
of the Revised Code. The moneys shall be used to defray the costs	73197
of administering and enforcing provisions in Chapter 6111. of the	73198
Revised Code and rules adopted under it that govern the use,	73199
storage, treatment, or disposal of sewage sludge.	73200

(7) Beginning in fiscal year 2001, and every two years	73201
thereafter, the director shall review the total amount of moneys	73202
generated by the annual sludge fees to determine if that amount	73203
exceeded six hundred thousand dollars in either of the two	73204
preceding fiscal years. If the total amount of moneys in the fund	73205
exceeded six hundred thousand dollars in either fiscal year, the	73206
director, after review of the fee structure and consultation with	73207
affected persons, shall issue an order reducing the amount of the	73208
fees levied under division (Y) of this section so that the	73209
estimated amount of moneys resulting from the fees will not exceed	73210
six hundred thousand dollars in any fiscal year.	73211

If, upon review of the fees under division (Y)(7) of this	73212
section and after the fees have been reduced, the director	73213
determines that the total amount of moneys collected and	73214
accumulated is less than six hundred thousand dollars, the	73215
director, after review of the fee structure and consultation with	73216
affected persons, may issue an order increasing the amount of the	73217
fees levied under division (Y) of this section so that the	73218
estimated amount of moneys resulting from the fees will be	73219
approximately six hundred thousand dollars. Fees shall never be	73220
increased to an amount exceeding the amount specified in division	73221
(Y)(7) of this section.	73222

Notwithstanding section 119.06 of the Revised Code, the	73223
director may issue an order under division (Y)(7) of this section	73224
without the necessity to hold an adjudicatory hearing in	73225
connection with the order. The issuance of an order under this	73226
division is not an act or action for purposes of section 3745.04	73227
of the Revised Code.	73228

(8) As used in division (Y) of this section:

73229

(a) "Sewage sludge facility" means an entity that performs	73230
treatment on or is responsible for the disposal of sewage sludge.	73231

(b) "Sewage sludge" means a solid, semi-solid, or liquid	73232
residue generated during the treatment of domestic sewage in a	73233
treatment works as defined in section 6111.01 of the Revised Code.	73234
"Sewage sludge" includes, but is not limited to, scum or solids	73235
removed in primary, secondary, or advanced wastewater treatment	73236
processes. "Sewage sludge" does not include ash generated during	73237
the firing of sewage sludge in a sewage sludge incinerator, grit	73238
and screenings generated during preliminary treatment of domestic	73239
sewage in a treatment works, animal manure, residue generated	73240
during treatment of animal manure, or domestic septage.	73241

(c) "Exceptional quality sludge" means sewage sludge that	73242
meets all of the following qualifications:	73243

(i) Satisfies the class A pathogen standards in 40 C.F.R.	73244
503.32(a);	73245

(ii) Satisfies one of the vector attraction reduction	73246
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	73247

(iii) Does not exceed the ceiling concentration limitations	73248
for metals listed in table one of 40 C.F.R. 503.13;	73249

(iv) Does not exceed the concentration limitations for metals	73250
listed in table three of 40 C.F.R. 503.13.	73251

(d) "Treatment" means the preparation of sewage sludge for	73252
final use or disposal and includes, but is not limited to,	73253
thickening, stabilization, and dewatering of sewage sludge.	73254

(e) "Disposal" means the final use of sewage sludge,	73255
including, but not limited to, land application, land reclamation,	73256
surface disposal, or disposal in a landfill or an incinerator.	73257

(f) "Land application" means the spraying or spreading of	73258
sewage sludge onto the land surface, the injection of sewage	73259
sludge below the land surface, or the incorporation of sewage	73260
sludge into the soil for the purposes of conditioning the soil or	73261
fertilizing crops or vegetation grown in the soil.	73262

(g) "Land reclamation" means the returning of disturbed land	73263
to productive use.	73264

(h) "Surface disposal" means the placement of sludge on an	73265
area of land for disposal, including, but not limited to,	73266
monofills, surface impoundments, lagoons, waste piles, or	73267
dedicated disposal sites.	73268

(i) "Incinerator" means an entity that disposes of sewage	73269
sludge through the combustion of organic matter and inorganic	73270
matter in sewage sludge by high temperatures in an enclosed	73271
device.	73272

(j) "Incineration facility" includes all incinerators owned	73273
or operated by the same entity and located on a contiguous tract	73274
of land. Areas of land are considered to be contiguous even if	73275
they are separated by a public road or highway.	73276

(k) "Annual sludge fee" means the fee assessed under division	73277
(Y)(1) of this section.	73278

(l) "Landfill" means a sanitary landfill facility, as defined	73279
in rules adopted under section 3734.02 of the Revised Code, that	73280
is licensed under section 3734.05 of the Revised Code.	73281

(m) "Preexisting land reclamation project" means a	73282
property-specific land reclamation project that has been in	73283
continuous operation for not less than five years pursuant to	73284
approval of the activity by the director and includes the	73285
implementation of a community outreach program concerning the	73286
activity.	73287

Sec. 3745.113. (A) A person that applies for a state isolated	73288
wetland permit under Chapter 6111. of the Revised Code and rules	73289
adopted under it shall pay an application fee of two hundred	73290
dollars at the time of application.	73291

In addition, that person shall pay, at the time of	73292
application, a review fee of five hundred dollars per acre of the	73293
wetlands to be impacted.	73294

However, the review fee shall not exceed five thousand	73295
dollars per application. In addition, if an application is denied,	73296
the director of environmental protection shall refund to the	73297
applicant one-half of the amount of the review fee paid by the	73298
applicant under division (A) of this section.	73299

(B) If a person conducts any activities for which an	73300
individual state isolated wetland permit is required under Chapter	73301
6111. of the Revised Code and rules adopted under it without first	73302
obtaining such a permit, the person shall pay twice the amount of	73303
the application and review fees that the person otherwise would	73304
have been required to pay under division (A) of this section, not	73305
to exceed ten thousand dollars.	73306

(C) All moneys collected under this section shall be	73307
deposited in the state treasury to the credit of the ~~dredge and~~	73308
~~fill~~surface water protection fund created in section ~~6111.029~~	73309
6111.038 of the Revised Code.	73310

(D) Fees established under this section shall not apply to	73311
any agency or department of the state or to any county, township,	73312
or municipal corporation in this state.	73313

Sec. 3745.72. (A) The owner or operator of a facility or	73314
property who conducts an environmental audit of the facility or	73315
property and promptly and voluntarily discloses information	73316
contained in or derived from an audit report that is based on the	73317
audit and concerns an alleged violation of environmental laws to	73318
the director of the state agency that has jurisdiction over the	73319
alleged violation is immune from any administrative and civil	73320
penalties for the specific violation disclosed, except that where	73321
the disclosed violation has resulted in significant economic	73322
benefit to the owner or operator of the facility or property,	73323
there is no immunity for the economic benefit component of the	73324
administrative and civil penalties for that violation. An owner or	73325
operator asserting entitlement to such immunity has the burden of	73326
proving that entitlement by a preponderance of the evidence.	73327

(B) For the purposes of this section, a disclosure of	73328
information is voluntary with respect to an alleged violation of	73329
environmental laws only if all of the following apply:	73330

(1) The disclosure is made promptly after the information is	73331
obtained through the environmental audit by the owner or operator	73332
who conducts the environmental audit.	73333

(2) A reasonable, good faith effort is made to achieve	73334
compliance as quickly as practicable with environmental laws	73335
applicable to the information disclosed.	73336

(3) Compliance with environmental laws applicable to the	73337
information disclosed is achieved as quickly as practicable or	73338
within such period as is reasonably ordered by the director of the	73339
state agency that has jurisdiction over the alleged violation.	73340

(4) The owner or operator cooperates with the director of the	73341
state agency that has jurisdiction over the alleged violation in	73342
investigating the cause, nature, extent, and effects of the	73343
noncompliance.	73344

(5) The disclosure is not required by law, prior litigation,	73345
or an order by a court or a government agency.	73346

(6) The owner or operator who makes the disclosure does not	73347
know or have reason to know that a government agency charged with	73348
enforcing environmental laws has commenced an investigation or	73349
enforcement action that concerns a violation of such laws	73350
involving the activity.	73351

(C) For the purposes of this section, a disclosure shall be	73352
in writing, dated, and hand delivered or sent by certified mail to	73353
the director of the state agency that has jurisdiction over the	73354
alleged violation, and shall contain all of the following in a	73355
printed letter attached to the front of the disclosure:	73356

(1) The name, address, and telephone number of the owner or	73357
operator making the disclosure;	73358

(2) The name, title, address, and telephone number of one or	73359
more persons associated with the owner or operator who may be	73360
contacted regarding the disclosure;	73361

(3) A brief summary of the alleged violation of environmental	73362
laws, including, without limitation, the nature, date, and	73363
location of the alleged violation to the extent that the	73364
information is known by the owner or operator;	73365

(4) A statement that the information is part of an	73366
environmental audit report and is being disclosed under section	73367
3745.72 of the Revised Code in order to obtain the immunity	73368
provided by that section.	73369

(D) This section does not provide immunity from the payment	73370
of damages for harm to persons, property, or the environment; the	73371
payment of reasonable costs incurred by a government agency in	73372
responding to a disclosure; or responsibility for the remediation	73373
or cleanup of environmental harm under environmental laws.	73374

(E) The immunity provided by this section does not apply	73375
under any of the following circumstances:	73376

(1) Within the three-year period prior to disclosure, the	73377
owner or operator of a facility or property has committed	73378
significant violations that constitute a pattern of continuous or	73379
repeated violations of environmental laws, environmental related	73380
settlement agreements, or environmental related judicial orders	73381
and that arose from separate and distinct events. For the purposes	73382
of division (E)(1) of this section, a pattern of continuous or	73383
repeated violations also may be demonstrated by multiple	73384
settlement agreements related to substantially the same alleged	73385
significant violations that occurred within the three-year period	73386
immediately prior to the voluntary disclosure. Determination of	73387
whether a person has a pattern of continuous or repeated	73388
violations under division (E)(1) of this section shall be based on	73389
the compliance history of the property or specific facility at	73390
issue.	73391

(2) With respect to a specific violation, the violation	73392
resulted in serious harm or in imminent and substantial	73393
endangerment to human health or the environment.	73394

(3) With respect to a specific violation, the violation is of	73395
a specific requirement of an administrative or judicial order.	73396

(F) The immunity provided by this section applies only to	73397
disclosures made concerning environmental audits initiated after	73398
March 13, 1997, ~~and completed before January 1, 2014,~~ in	73399
accordance with the time frames specified in division (A) of	73400
section 3745.70 of the Revised Code.	73401

(G) The immunity provided by this section applies to a person	73402
who makes a good faith disclosure to a state agency under this	73403
section even though another state agency is determined to have	73404
jurisdiction over an alleged violation of environmental laws	73405
indicated in the disclosure.	73406

(H) Each state agency that receives a disclosure under this	73407
section promptly shall record receipt of the disclosure, determine	73408
whether it has jurisdiction over the alleged violation of	73409
environmental laws indicated in the disclosure, and, if it does	73410
not have such jurisdiction, deliver the disclosure documents to	73411
the director of a state agency that has jurisdiction over the	73412
alleged violation. If a disclosure indicates alleged violations of	73413
environmental laws that are under the jurisdiction of more than	73414
one state agency, the state agency that first receives the	73415
disclosure and has jurisdiction over any of the alleged violations	73416
promptly shall notify the director of each state agency that has	73417
jurisdiction over any of such alleged violations. The director of	73418
each state agency that receives a disclosure under this section,	73419
or is notified by another state agency that the director's agency	73420
has jurisdiction over an alleged violation of environmental laws	73421
indicated in the disclosure, promptly shall deliver written notice	73422
of that fact by certified mail to the owner or operator who made	73423
the disclosure. The notice shall identify the state agency that	73424
sends the notice; state the name, title, address, and telephone	73425
number of a person in the agency whom the owner or operator may	73426
contact regarding the disclosure; and state the name, address, and	73427
telephone number of the director of any other state agency	73428
notified about the disclosure because that agency has jurisdiction	73429
over an alleged violation of environmental laws indicated in the	73430
disclosure.	73431

Sec. 3769.08. (A) Any person holding a permit to conduct a	73432
horse-racing meeting may provide a place in the race meeting	73433
grounds or enclosure at which the permit holder may conduct and	73434
supervise the pari-mutuel system of wagering by patrons of legal	73435
age on the live racing programs and simulcast racing programs	73436
conducted by the permit holder.	73437

The pari-mutuel method of wagering upon the live racing	73438
programs and simulcast racing programs held at or conducted within	73439
such race track, and at the time of such horse-racing meeting, or	73440
at other times authorized by the state racing commission, shall	73441
not be unlawful. No other place, except that provided and	73442
designated by the permit holder and except as provided in section	73443
3769.26 of the Revised Code, nor any other method or system of	73444
betting or wagering on live racing programs and simulcast racing	73445
programs, except the pari-mutuel system, shall be used or	73446
permitted by the permit holder; nor, except as provided in section	73447
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	73448
system of wagering be conducted by the permit holder on any races	73449
except the races at the race track, grounds, or enclosure for	73450
which the person holds a permit. Each permit holder may retain as	73451
a commission an amount not to exceed eighteen per cent of the	73452
total of all moneys wagered on live racing programs and simulcast	73453
racing programs.	73454

The pari-mutuel wagering authorized by this section is	73455
subject to sections 3769.25 to 3769.28 of the Revised Code.	73456

(B) At the close of each racing day, each permit holder	73457
authorized to conduct thoroughbred racing, out of the amount	73458
retained on that day by the permit holder, shall pay by check,	73459
draft, or money order to the tax commissioner, as a tax, a sum	73460
equal to the following percentages of the total of all moneys	73461
wagered on live racing programs on that day and shall separately	73462
compute and pay by check, draft, or money order to the tax	73463
commissioner, as a tax, a sum equal to the following percentages	73464
of the total of all money wagered on simulcast racing programs on	73465
that day:	73466

(1) One per cent of the first two hundred thousand dollars	73467
wagered, or any part of that amount;	73468

(2) Two per cent of the next one hundred thousand dollars	73469
wagered, or any part of that amount;	73470

(3) Three per cent of the next one hundred thousand dollars	73471
wagered, or any part of that amount;	73472

(4) Four per cent of all sums over four hundred thousand	73473
dollars wagered.	73474

Except as otherwise provided in section 3769.089 of the	73475
Revised Code, each permit holder authorized to conduct	73476
thoroughbred racing shall use for purse money a sum equal to fifty	73477
per cent of the pari-mutuel revenues retained by the permit holder	73478
as a commission after payment of the state tax. This fifty per	73479
cent payment shall be in addition to the purse distribution from	73480
breakage specified in this section.	73481

Subject to division (M) of this section, from the moneys paid	73482
to the tax commissioner by thoroughbred racing permit holders,	73483
one-half of one per cent of the total of all moneys so wagered on	73484
a racing day shall be paid into the Ohio fairs fund created by	73485
section 3769.082 of the Revised Code, one and one-eighth per cent	73486
of the total of all moneys so wagered on a racing day shall be	73487
paid into the Ohio thoroughbred race fund created by section	73488
3769.083 of the Revised Code, and one-quarter of one per cent of	73489
the total of all moneys wagered on a racing day by each permit	73490
holder shall be paid into the state racing commission operating	73491
fund created by section 3769.03 of the Revised Code. The required	73492
payment to the state racing commission operating fund does not	73493
apply to county and independent fairs and agricultural societies.	73494
The remaining moneys may be retained by the permit holder, except	73495
as provided in this section with respect to the odd cents	73496
redistribution. Amounts paid into the nursing home franchise	73497
permit fee fund pursuant to this section and section 3769.26 of	73498
the Revised Code shall be used solely for the support of the	73499
PASSPORT program as determined in appropriations made by the	73500
general assembly. If the PASSPORT program is abolished, the amount	73501
that would have been paid to the nursing home franchise permit fee	73502
fund under this chapter shall be paid to the general revenue fund	73503
of the state. As used in this chapter, "PASSPORT program" ~~means~~	73504
~~the PASSPORT program created under~~has the same meaning as in	73505
section ~~173.40~~173.51 of the Revised Code.	73506

The total amount paid to the Ohio thoroughbred race fund	73507
under this section and division (A) of section 3769.087 of the	73508
Revised Code shall not exceed by more than six per cent the total	73509
amount paid to this fund under this section and division (A) of	73510
that section during the immediately preceding calendar year.	73511

Each year, the total amount calculated for payment into the	73512
Ohio fairs fund under this division, division (C) of this section,	73513
and division (A) of section 3769.087 of the Revised Code shall be	73514
an amount calculated using the percentages specified in this	73515
division, division (C) of this section, and division (A) of	73516
section 3769.087 of the Revised Code.	73517

A permit holder may contract with a thoroughbred horsemen's	73518
organization for the organization to act as a representative of	73519
all thoroughbred owners and trainers participating in a	73520
horse-racing meeting conducted by the permit holder. A	73521
"thoroughbred horsemen's organization" is any corporation or	73522
association that represents, through membership or otherwise, more	73523
than one-half of the aggregate of all thoroughbred owners and	73524
trainers who were licensed and actively participated in racing	73525
within this state during the preceding calendar year. Except as	73526
otherwise provided in this paragraph, any moneys received by a	73527
thoroughbred horsemen's organization shall be used exclusively for	73528
the benefit of thoroughbred owners and trainers racing in this	73529
state through the administrative purposes of the organization,	73530
benevolent activities on behalf of the horsemen, promotion of the	73531
horsemen's rights and interests, and promotion of equine research.	73532
A thoroughbred horsemen's organization may expend not more than an	73533
aggregate of five per cent of its annual gross receipts, or a	73534
larger amount as approved by the organization, for dues,	73535
assessments, and other payments to all other local, national, or	73536
international organizations having as their primary purposes the	73537
promotion of thoroughbred horse racing, thoroughbred horsemen's	73538
rights, and equine research.	73539

(C) Except as otherwise provided in division (B) of this	73540
section, at the close of each racing day, each permit holder	73541
authorized to conduct harness or quarter horse racing, out of the	73542
amount retained that day by the permit holder, shall pay by check,	73543
draft, or money order to the tax commissioner, as a tax, a sum	73544
equal to the following percentages of the total of all moneys	73545
wagered on live racing programs and shall separately compute and	73546
pay by check, draft, or money order to the tax commissioner, as a	73547
tax, a sum equal to the following percentages of the total of all	73548
money wagered on simulcast racing programs on that day:	73549

(1) One per cent of the first two hundred thousand dollars	73550
wagered, or any part of that amount;	73551

(2) Two per cent of the next one hundred thousand dollars	73552
wagered, or any part of that amount;	73553

(3) Three per cent of the next one hundred thousand dollars	73554
wagered, or any part of that amount;	73555

(4) Four per cent of all sums over four hundred thousand	73556
dollars wagered.	73557

Except as otherwise provided in division (B) and subject to	73558
division (M) of this section, from the moneys paid to the tax	73559
commissioner by permit holders authorized to conduct harness or	73560
quarter horse racing, one-half of one per cent of all moneys	73561
wagered on that racing day shall be paid into the Ohio fairs fund;	73562
from the moneys paid to the tax commissioner by permit holders	73563
authorized to conduct harness racing, five-eighths of one per cent	73564
of all moneys wagered on that racing day shall be paid into the	73565
Ohio standardbred development fund; and from the moneys paid to	73566
the tax commissioner by permit holders authorized to conduct	73567
quarter horse racing, five-eighths of one per cent of all moneys	73568
wagered on that racing day shall be paid into the Ohio quarter	73569
horse development fund.	73570

(D) In addition, subject to division (M) of this section,	73571
beginning on January 1, 1996, from the money paid to the tax	73572
commissioner as a tax under this section and division (A) of	73573
section 3769.087 of the Revised Code by harness horse permit	73574
holders, one-half of one per cent of the amount wagered on a	73575
racing day shall be paid into the Ohio standardbred development	73576
fund. Beginning January 1, 1998, the payment to the Ohio	73577
standardbred development fund required under this division does	73578
not apply to county agricultural societies or independent	73579
agricultural societies.	73580

The total amount paid to the Ohio standardbred development	73581
fund under this division, division (C) of this section, and	73582
division (A) of section 3769.087 of the Revised Code and the total	73583
amount paid to the Ohio quarter horse development fund under this	73584
division and division (A) of that section shall not exceed by more	73585
than six per cent the total amount paid into the fund under this	73586
division, division (C) of this section, and division (A) of	73587
section 3769.087 of the Revised Code in the immediately preceding	73588
calendar year.	73589

(E) Subject to division (M) of this section, from the money	73590
paid as a tax under this chapter by harness and quarter horse	73591
permit holders, one-quarter of one per cent of the total of all	73592
moneys wagered on a racing day by each permit holder shall be paid	73593
into the state racing commission operating fund created by section	73594
3769.03 of the Revised Code. This division does not apply to	73595
county and independent fairs and agricultural societies.	73596

(F) Except as otherwise provided in section 3769.089 of the	73597
Revised Code, each permit holder authorized to conduct harness	73598
racing shall pay to the harness horsemen's purse pool a sum equal	73599
to fifty per cent of the pari-mutuel revenues retained by the	73600
permit holder as a commission after payment of the state tax. This	73601
fifty per cent payment is to be in addition to the purse	73602
distribution from breakage specified in this section.	73603

(G) In addition, each permit holder authorized to conduct	73604
harness racing shall be allowed to retain the odd cents of all	73605
redistribution to be made on all mutual contributions exceeding a	73606
sum equal to the next lowest multiple of ten.	73607

Forty per cent of that portion of that total sum of such odd	73608
cents shall be used by the permit holder for purse money for Ohio	73609
sired, bred, and owned colts, for purse money for Ohio bred	73610
horses, and for increased purse money for horse races. Upon the	73611
formation of the corporation described in section 3769.21 of the	73612
Revised Code to establish a harness horsemen's health and	73613
retirement fund, twenty-five per cent of that portion of that	73614
total sum of odd cents shall be paid at the close of each racing	73615
day by the permit holder to that corporation to establish and fund	73616
the health and retirement fund. Until that corporation is formed,	73617
that twenty-five per cent shall be paid at the close of each	73618
racing day by the permit holder to the tax commissioner or the tax	73619
commissioner's agent in the county seat of the county in which the	73620
permit holder operates race meetings. The remaining thirty-five	73621
per cent of that portion of that total sum of odd cents shall be	73622
retained by the permit holder.	73623

(H) In addition, each permit holder authorized to conduct	73624
thoroughbred racing shall be allowed to retain the odd cents of	73625
all redistribution to be made on all mutuel contributions	73626
exceeding a sum equal to the next lowest multiple of ten. Twenty	73627
per cent of that portion of that total sum of such odd cents shall	73628
be used by the permit holder for increased purse money for horse	73629
races. Upon the formation of the corporation described in section	73630
3769.21 of the Revised Code to establish a thoroughbred horsemen's	73631
health and retirement fund, forty-five per cent of that portion of	73632
that total sum of odd cents shall be paid at the close of each	73633
racing day by the permit holder to that corporation to establish	73634
and fund the health and retirement fund. Until that corporation is	73635
formed, that forty-five per cent shall be paid by the permit	73636
holder to the tax commissioner or the tax commissioner's agent in	73637
the county seat of the county in which the permit holder operates	73638
race meetings, at the close of each racing day. The remaining	73639
thirty-five per cent of that portion of that total sum of odd	73640
cents shall be retained by the permit holder.	73641

(I) In addition, each permit holder authorized to conduct	73642
quarter horse racing shall be allowed to retain the odd cents of	73643
all redistribution to be made on all mutuel contributions	73644
exceeding a sum equal to the next lowest multiple of ten, subject	73645
to a tax of twenty-five per cent on that portion of the total sum	73646
of such odd cents that is in excess of two thousand dollars during	73647
a calendar year, which tax shall be paid at the close of each	73648
racing day by the permit holder to the tax commissioner or the tax	73649
commissioner's agent in the county seat of the county within which	73650
the permit holder operates race meetings. Forty per cent of that	73651
portion of that total sum of such odd cents shall be used by the	73652
permit holder for increased purse money for horse races. The	73653
remaining thirty-five per cent of that portion of that total sum	73654
of odd cents shall be retained by the permit holder.	73655

(J)(1) To encourage the improvement of racing facilities for	73656
the benefit of the public, breeders, and horse owners, and to	73657
increase the revenue to the state from the increase in pari-mutuel	73658
wagering resulting from those improvements, the taxes paid by a	73659
permit holder to the state as provided for in this chapter shall	73660
be reduced by three-fourths of one per cent of the total amount	73661
wagered for those permit holders who make capital improvements to	73662
existing race tracks or construct new race tracks. The percentage	73663
of the reduction that may be taken each racing day shall equal	73664
seventy-five per cent of the taxes levied under divisions (B) and	73665
(C) of this section and section 3769.087 of the Revised Code, and	73666
division (F)(2) of section 3769.26 of the Revised Code, as	73667
applicable, divided by the calculated amount each fund should	73668
receive under divisions (B) and (C) of this section and section	73669
3769.087 of the Revised Code, and division (F)(2) of section	73670
3769.26 of the Revised Code and the reduction provided for in this	73671
division. If the resulting percentage is less than one, that	73672
percentage shall be multiplied by the amount of the reduction	73673
provided for in this division. Otherwise, the permit holder shall	73674
receive the full reduction provided for in this division. The	73675
amount of the allowable reduction not received shall be carried	73676
forward and applied against future tax liability. After any	73677
reductions expire, any reduction carried forward shall be treated	73678
as a reduction as provided for in this division.	73679

If more than one permit holder is authorized to conduct	73680
racing at the facility that is being built or improved, the cost	73681
of the new race track or capital improvement shall be allocated	73682
between or among all the permit holders in the ratio that the	73683
permit holders' number of racing days bears to the total number of	73684
racing days conducted at the facility.	73685

A reduction for a new race track or a capital improvement	73686
shall start from the day racing is first conducted following the	73687
date actual construction of the new race track or each capital	73688
improvement is completed and the construction cost has been	73689
approved by the racing commission, unless otherwise provided in	73690
this section. A reduction for a new race track or a capital	73691
improvement shall continue for a period of twenty-five years for	73692
new race tracks and for fifteen years for capital improvements if	73693
the construction of the capital improvement or new race track	73694
commenced prior to March 29, 1988, and for a period of ten years	73695
for new race tracks or capital improvements if the construction of	73696
the capital improvement or new race track commenced on or after	73697
March 29, 1988, but before June 6, 2001, or until the total tax	73698
reduction reaches seventy per cent of the approved cost of the new	73699
race track or capital improvement, as allocated to each permit	73700
holder, whichever occurs first. A reduction for a new race track	73701
or a capital improvement approved after June 6, 2001, shall	73702
continue until the total tax reduction reaches one hundred per	73703
cent of the approved cost of the new race track or capital	73704
improvement, as allocated to each permit holder.	73705

A reduction granted for a new race track or a capital	73706
improvement, the application for which was approved by the racing	73707
commission after March 29, 1988, but before June 6, 2001, shall	73708
not commence nor shall the ten-year period begin to run until all	73709
prior tax reductions with respect to the same race track have	73710
ended. The total tax reduction because of capital improvements	73711
shall not during any one year exceed for all permit holders using	73712
any one track three-fourths of one per cent of the total amount	73713
wagered, regardless of the number of capital improvements made.	73714
Several capital improvements to a race track may be consolidated	73715
in an application if the racing commission approved the	73716
application prior to March 29, 1988. No permit holder may receive	73717
a tax reduction for a capital improvement approved by the racing	73718
commission on or after March 29, 1988, at a race track until all	73719
tax reductions have ended for all prior capital improvements	73720
approved by the racing commission under this section or section	73721
3769.20 of the Revised Code at that race track. If there are two	73722
or more permit holders operating meetings at the same track, they	73723
may consolidate their applications. The racing commission shall	73724
notify the tax commissioner when the reduction of tax begins and	73725
when it ends.	73726

Each fiscal year the racing commission shall submit a report	73727
to the tax commissioner, the office of budget and management, and	73728
the legislative service commission. The report shall identify each	73729
capital improvement project undertaken under this division and in	73730
progress at each race track, indicate the total cost of each	73731
project, state the tax reduction that resulted from each project	73732
during the immediately preceding fiscal year, estimate the tax	73733
reduction that will result from each project during the current	73734
fiscal year, state the total tax reduction that resulted from all	73735
such projects at all race tracks during the immediately preceding	73736
fiscal year, and estimate the total tax reduction that will result	73737
from all such projects at all race tracks during the current	73738
fiscal year.	73739

(2) In order to qualify for the reduction in tax, a permit	73740
holder shall apply to the racing commission in such form as the	73741
commission may require and shall provide full details of the new	73742
race track or capital improvement, including a schedule for its	73743
construction and completion, and set forth the costs and expenses	73744
incurred in connection with it. The racing commission shall not	73745
approve an application unless the permit holder shows that a	73746
contract for the new race track or capital improvement has been	73747
let under an unrestricted competitive bidding procedure, unless	73748
the contract is exempted by the controlling board because of its	73749
unusual nature. In determining whether to approve an application,	73750
the racing commission shall consider whether the new race track or	73751
capital improvement will promote the safety, convenience, and	73752
comfort of the racing public and horse owners and generally tend	73753
towards the improvement of racing in this state.	73754

(3) If a new race track or capital improvement is approved by	73755
the racing commission and construction has started, the tax	73756
reduction may be authorized by the commission upon presentation of	73757
copies of paid bills in excess of one hundred thousand dollars or	73758
ten per cent of the approved cost, whichever is greater. After the	73759
initial authorization, the permit holder shall present copies of	73760
paid bills. If the permit holder is in substantial compliance with	73761
the schedule for construction and completion of the new race track	73762
or capital improvement, the racing commission may authorize the	73763
continuation of the tax reduction upon the presentation of the	73764
additional paid bills. The total amount of the tax reduction	73765
authorized shall not exceed the percentage of the approved cost of	73766
the new race track or capital improvement specified in division	73767
(J)(1) of this section. The racing commission may terminate any	73768
tax reduction immediately if a permit holder fails to complete the	73769
new race track or capital improvement, or to substantially comply	73770
with the schedule for construction and completion of the new race	73771
track or capital improvement. If a permit holder fails to complete	73772
a new race track or capital improvement, the racing commission	73773
shall order the permit holder to repay to the state the total	73774
amount of tax reduced. The normal tax paid by the permit holder	73775
shall be increased by three-fourths of one per cent of the total	73776
amount wagered until the total amount of the additional tax	73777
collected equals the total amount of tax reduced.	73778

(4) As used in this section:

73779

(a) "Capital improvement" means an addition, replacement, or	73780
remodeling of a structural unit of a race track facility costing	73781
at least one hundred thousand dollars, including, but not limited	73782
to, the construction of barns used exclusively for the race track	73783
facility, backstretch facilities for horsemen, paddock facilities,	73784
new pari-mutuel and totalizator equipment and appurtenances to	73785
that equipment purchased by the track, new access roads, new	73786
parking areas, the complete reconstruction, reshaping, and	73787
leveling of the racing surface and appurtenances, the installation	73788
of permanent new heating or air conditioning, roof replacement or	73789
restoration, installations of a permanent nature forming a part of	73790
the track structure, and construction of buildings that are	73791
located on a permit holder's premises. "Capital improvement" does	73792
not include the cost of replacement of equipment that is not	73793
permanently installed, ordinary repairs, painting, and maintenance	73794
required to keep a race track facility in ordinary operating	73795
condition.	73796

(b) "New race track" includes the reconstruction of a race	73797
track damaged by fire or other cause that has been declared by the	73798
racing commission, as a result of the damage, to be an inadequate	73799
facility for the safe operation of horse racing.	73800

(c) "Approved cost" includes all debt service and interest	73801
costs that are associated with a capital improvement or new race	73802
track and that the racing commission approves for a tax reduction	73803
under division (J) of this section.	73804

(5) The racing commission shall not approve an application	73805
for a tax reduction under this section if it has reasonable cause	73806
to believe that the actions or negligence of the permit holder	73807
substantially contributed to the damage suffered by the track due	73808
to fire or other cause. The racing commission shall obtain any	73809
data or information available from a fire marshal, law enforcement	73810
official, or insurance company concerning any fire or other damage	73811
suffered by a track, prior to approving an application for a tax	73812
reduction.	73813

(6) The approved cost to which a tax reduction applies shall	73814
be determined by generally accepted accounting principles and	73815
verified by an audit of the permit holder's records upon	73816
completion of the project by the racing commission, or by an	73817
independent certified public accountant selected by the permit	73818
holder and approved by the commission.	73819

(K) No other license or excise tax or fee, except as provided	73820
in sections 3769.01 to 3769.14 of the Revised Code, shall be	73821
assessed or collected from such licensee by any county, township,	73822
district, municipal corporation, or other body having power to	73823
assess or collect a tax or fee. That portion of the tax paid under	73824
this section by permit holders for racing conducted at and during	73825
the course of an agricultural exposition or fair, and that portion	73826
of the tax that would have been paid by eligible permit holders	73827
into the nursing home franchise permit fee fund as a result of	73828
racing conducted at and during the course of an agricultural	73829
exposition or fair, shall be deposited into the state treasury to	73830
the credit of the horse racing tax fund, which is hereby created	73831
for the use of the agricultural societies of the several counties	73832
in which the taxes originate. The state racing commission shall	73833
determine eligible permit holders for purposes of the preceding	73834
sentence, taking into account the breed of horse, the racing	73835
dates, the geographic proximity to the fair, and the best	73836
interests of Ohio racing. On the first day of any month on which	73837
there is money in the fund, the tax commissioner shall provide for	73838
payment to the treasurer of each agricultural society the amount	73839
of the taxes collected under this section upon racing conducted at	73840
and during the course of any exposition or fair conducted by the	73841
society.	73842

(L) From the tax paid under this section by harness track	73843
permit holders, the tax commissioner shall pay into the Ohio	73844
thoroughbred race fund a sum equal to a percentage of the amount	73845
wagered upon which the tax is paid. The percentage shall be	73846
determined by the tax commissioner and shall be rounded to the	73847
nearest one-hundredth. The percentage shall be such that, when	73848
multiplied by the amount wagered upon which tax was paid by the	73849
harness track permit holders in the most recent year for which	73850
final figures are available, it results in a sum that	73851
substantially equals the same amount of tax paid by the tax	73852
commissioner during that year into the Ohio fairs fund from taxes	73853
paid by thoroughbred permit holders. This division does not apply	73854
to county and independent fairs and agricultural societies.	73855

(M) Twenty-five per cent of the taxes levied on thoroughbred	73856
racing permit holders, harness racing permit holders, and quarter	73857
horse racing permit holders under this section, division (A) of	73858
section 3769.087 of the Revised Code, and division (F)(2) of	73859
section 3769.26 of the Revised Code shall be paid into the nursing	73860
home franchise permit fee fund. The tax commissioner shall pay any	73861
money remaining, after the payment into the nursing home franchise	73862
permit fee fund and the reductions provided for in division (J) of	73863
this section and in section 3769.20 of the Revised Code, into the	73864
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	73865
development fund, Ohio quarter horse fund, and state racing	73866
commission operating fund as prescribed in this section and	73867
division (A) of section 3769.087 of the Revised Code. The tax	73868
commissioner shall thereafter use and apply the balance of the	73869
money paid as a tax by any permit holder to cover any shortage in	73870
the accounts of such funds resulting from an insufficient payment	73871
as a tax by any other permit holder. The moneys received by the	73872
tax commissioner shall be deposited weekly and paid by the tax	73873
commissioner into the funds to cover the total aggregate amount	73874
due from all permit holders to the funds, as calculated under this	73875
section and division (A) of section 3769.087 of the Revised Code,	73876
as applicable. If, after the payment into the nursing home	73877
franchise permit fee fund, sufficient funds are not available from	73878
the tax deposited by the tax commissioner to pay the required	73879
amounts into the Ohio fairs fund, Ohio standardbred development	73880
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	73881
the state racing commission operating fund, the tax commissioner	73882
shall prorate on a proportional basis the amount paid to each of	73883
the funds. Any shortage to the funds as a result of a proration	73884
shall be applied against future deposits for the same calendar	73885
year when funds are available. After this application, the tax	73886
commissioner shall pay any remaining money paid as a tax by all	73887
permit holders into the nursing home franchise permit fee fund.	73888
This division does not apply to permit holders conducting racing	73889
at the course of an agricultural exposition or fair as described	73890
in division (K) of this section.	73891

Sec. 3769.087. (A) In addition to the commission of eighteen	73892
per cent retained by each permit holder as provided in section	73893
3769.08 of the Revised Code, each permit holder shall retain an	73894
additional amount equal to four per cent of the total of all	73895
moneys wagered on each racing day on all wagering pools other than	73896
win, place, and show, of which amount retained an amount equal to	73897
three per cent of the total of all moneys wagered on each racing	73898
day on those pools shall be paid by check, draft, or money order	73899
to the tax commissioner, as a tax. Subject to the restrictions	73900
contained in divisions (B), (C), and (M) of section 3769.08 of the	73901
Revised Code, from such additional moneys paid to the tax	73902
commissioner:	73903

(1) Four-sixths shall be allocated to fund distribution as	73904
provided in division (M) of section 3769.08 of the Revised Code.	73905

(2) One-twelfth shall be paid into the Ohio fairs fund	73906
created by section 3769.082 of the Revised Code.	73907

(3) One-twelfth of the additional moneys paid to the tax	73908
commissioner by thoroughbred racing permit holders shall be paid	73909
into the Ohio thoroughbred race fund created by section 3769.083	73910
of the Revised Code.	73911

(4) One-twelfth of the additional moneys paid to the tax	73912
commissioner by harness horse racing permit holders shall be paid	73913
to the Ohio standardbred development fund created by section	73914
3769.085 of the Revised Code.	73915

(5) One-twelfth of the additional moneys paid to the tax	73916
commissioner by quarter horse racing permit holders shall be paid	73917
to the Ohio quarter horse development fund created by section	73918
3769.086 of the Revised Code.	73919

(6) One-sixth shall be paid into the state racing commission	73920
operating fund created by section 3769.03 of the Revised Code.	73921

The remaining one per cent that is retained of the total of	73922
all moneys wagered on each racing day on all pools other than win,	73923
place, and show, shall be retained by racing permit holders, and,	73924
except as otherwise provided in section 3769.089 of the Revised	73925
Code, racing permit holders shall use one-half for purse money and	73926
retain one-half.	73927

(B) In addition to the commission of eighteen per cent	73928
retained by each permit holder as provided in section 3769.08 of	73929
the Revised Code and the additional amount retained by each permit	73930
holder as provided in division (A) of this section, each permit	73931
holder shall retain an additional amount equal to one-half of one	73932
per cent of the total of all moneys wagered on each racing day on	73933
all wagering pools other than win, place, and show. The additional	73934
amount retained under this division shall be paid by check, draft,	73935
or money order to the tax commissioner, as a tax. The tax	73936
commissioner shall pay the amount of the tax received under this	73937
division to the state racing commission operating fund created by	73938
section 3769.03 of the Revised Code.	73939

(C) Unless otherwise agreed to by the video lottery sales	73940
agent and the applicable horsemen's association recognized by the	73941
state racing commission to represent such persons, the state	73942
racing commission ~~may~~shall direct through rule that a percentage	73943
of the lottery sales agent's commission as determined by the state	73944
lottery commission for conducting video lottery terminal gaming on	73945
behalf of the state be paid to the state racing commission for the	73946
benefit of breeding and racing in this state. The percentage so	73947
determined shall not be less than nine per cent or more than	73948
eleven per cent of the video lottery terminal income, and shall be	73949
a sliding scale based upon capital expenditures necessary to build	73950
the video lottery sales agent's facility. The aggregate of one	73951
hundred per cent of video lottery terminal income minus the	73952
lottery sales agent's commission percentage as determined by the	73953
state lottery commission plus the percentage of the lottery sale	73954
agent's commission, as determined by the state racing commission	73955
or otherwise agreed to by the video lottery sales agent and the	73956
applicable horsemen's association recognized by the state racing	73957
commission to represent such persons, for the benefit of breeding	73958
and racing in this state shall not exceed forty-five per cent of	73959
the video lottery terminal income. In addition, beginning July 1,	73960
2013, the state lottery commission shall adopt a rule to require	73961
the lottery sales agent conducting video lottery terminal gaming	73962
on behalf of the state to disperse to the state lottery commission	73963
one-half of one per cent of such a lottery sales agent's	73964
commission for the purpose of providing funding support to	73965
appropriate state agencies for programs that provide for gambling	73966
addiction and other related addiction services. The state lottery	73967
commission's rule also may require the lottery sales agent	73968
conducting video lottery terminal gaming on behalf of the state to	73969
disperse to the state lottery commission an additional amount up	73970
to one-half of one per cent of such a lottery sales agent's	73971
commission for that purpose.	73972

Sec. 3769.088. (A) If any permit holder required by this	73973
chapter to pay the taxes levied by sections 3769.08, 3769.087,	73974
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	73975
the tax commissioner may make an assessment against the permit	73976
holder based upon any information in the commissioner's	73977
possession.	73978

A penalty of up to fifteen per cent may be added to the	73979
amount of every assessment made under this section. The	73980
commissioner may adopt rules providing for the imposition and	73981
remission of penalties added to assessments made under this	73982
section.	73983

The commissioner shall give the party assessed written notice	73984
of the assessment in the manner provided in section 5703.37 of the	73985
Revised Code. With the notice, the commissioner shall provide	73986
instructions on how to petition for reassessment and request a	73987
hearing on the petition.	73988

(B) Unless the party assessed files with the tax commissioner	73989
within sixty days after service of the notice of assessment,	73990
either personally or by certified mail, a written petition for	73991
reassessment signed by the party assessed or that party's	73992
authorized agent having knowledge of the facts, the assessment	73993
becomes final and the amount of the assessment is due and payable	73994
from the party assessed to the commissioner. The petition shall	73995
indicate the objections of the party assessed, but additional	73996
objections may be raised in writing if received by the	73997
commissioner prior to the date shown on the final determination.	73998
If the petition has been properly filed, the commissioner shall	73999
proceed under section 5703.60 of the Revised Code.	74000

(C) After an assessment becomes final, if any portion of the	74001
assessment remains unpaid, including accrued interest, a certified	74002
copy of the tax commissioner's entry making the assessment final	74003
may be filed in the office of the clerk of the court of common	74004
pleas in the county in which the place, track, or enclosure for	74005
which the permit was issued is located or the county in which the	74006
party assessed resides or has its principal place of business. If	74007
the party assessed maintains no place of business in this state	74008
and is not a resident of this state, the certified copy of the	74009
entry may be filed in the office of the clerk of the court of	74010
common pleas of Franklin county.	74011

Immediately upon the filing of the entry, the clerk shall	74012
enter a judgment for the state against the party assessed in the	74013
amount shown on the entry. The judgment may be filed by the clerk	74014
in a loose-leaf book entitled "special judgments for state horse	74015
racing tax," and shall have the same effect as other judgments.	74016
Execution shall issue upon the judgment upon the request of the	74017
tax commissioner, and all laws applicable to sales on execution	74018
shall apply to sales made under the judgment.	74019

~~The portion of~~If the assessment is not paid in its entirety	74020
within sixty days after the day the assessment was issued, the	74021
portion of the assessment consisting of tax due shall bear	74022
interest at the rate per annum prescribed by section 5703.47 of	74023
the Revised Code from the day the tax commissioner issues the	74024
assessment until the day the assessment is paid or until it is	74025
certified to the attorney general for collection under section	74026
131.02 of the Revised Code, whichever comes first. If the unpaid	74027
portion of the assessment is certified to the attorney general for	74028
collection, the entire unpaid portion of the assessment shall bear	74029
interest at the rate per annum prescribed by section 5703.47 of	74030
the Revised Code from the date of certification until the date it	74031
is paid in its entirety. Interest shall be paid in the same manner	74032
as the tax and may be collected by the issuance of an assessment	74033
under this section.	74034

(D) All money collected by the tax commissioner under this	74035
section shall be treated as revenue arising from the taxes imposed	74036
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	74037
Code.	74038

Sec. 3770.02. (A) Subject to the advice and consent of the	74039
senate, the governor shall appoint a director of the state lottery	74040
commission who shall serve at the pleasure of the governor. The	74041
director shall devote full time to the duties of the office and	74042
shall hold no other office or employment. The director shall meet	74043
all requirements for appointment as a member of the commission and	74044
shall, by experience and training, possess management skills that	74045
equip the director to administer an enterprise of the nature of a	74046
state lottery. The director shall receive an annual salary in	74047
accordance with pay range 48 of section 124.152 of the Revised	74048
Code.	74049

(B)(1) The director shall attend all meetings of the	74050
commission and shall act as its secretary. The director shall keep	74051
a record of all commission proceedings and shall keep the	74052
commission's records, files, and documents at the commission's	74053
principal office. All records of the commission's meetings shall	74054
be available for inspection by any member of the public, upon a	74055
showing of good cause and prior notification to the director.	74056

(2) The director shall be the commission's executive officer	74057
and shall be responsible for keeping all commission records and	74058
supervising and administering the state lottery in accordance with	74059
this chapter, and carrying out all commission rules adopted under	74060
section 3770.03 of the Revised Code.	74061

(C)(1) The director shall appoint an assistant director,	74062
deputy directors of marketing, operations, sales, finance, public	74063
relations, security, and administration, and as many regional	74064
managers as are required. The director may also appoint necessary	74065
professional, technical, and clerical assistants. All such	74066
officers and employees shall be appointed and compensated pursuant	74067
to Chapter 124. of the Revised Code. Regional and assistant	74068
regional managers, sales representatives, and any lottery	74069
executive account representatives shall remain in the unclassified	74070
service.	74071

(2) The director, in consultation with the director of	74072
administrative services, may establish standards of proficiency	74073
and productivity for commission field representatives.	74074

(D) The director shall request the bureau of criminal	74075
identification and investigation, the department of public safety,	74076
or any other state, local, or federal agency to supply the	74077
director with the criminal records of any job applicant and may	74078
periodically request the criminal records of commission employees.	74079
At or prior to the time of making such a request, the director	74080
shall require a job applicant or commission employee to obtain	74081
fingerprint cards prescribed by the superintendent of the bureau	74082
of criminal identification and investigation at a qualified law	74083
enforcement agency, and the director shall cause these fingerprint	74084
cards to be forwarded to the bureau of criminal identification and	74085
investigation and the federal bureau of investigation. The	74086
commission shall assume the cost of obtaining the fingerprint	74087
cards and shall pay to each agency supplying criminal records for	74088
each investigation under this division a reasonable fee, as	74089
determined by the agency.	74090

(E) The director shall license lottery sales agents pursuant	74091
to section 3770.05 of the Revised Code and, when it is considered	74092
necessary, may revoke or suspend the license of any lottery sales	74093
agent. The director may license video lottery technology	74094
providers, independent testing laboratories, and gaming employees,	74095
and promulgate rules relating thereto. When the director considers	74096
it necessary, the director may suspend or revoke the license of a	74097
video lottery technology provider, independent testing laboratory,	74098
or gaming employee, including suspension or revocation without	74099
affording an opportunity for a prior hearing under section 119.07	74100
of the Revised Code when the public safety, convenience, or trust	74101
requires immediate action.	74102

(F) The director shall confer at least once each month with	74103
the commission, at which time the director shall advise it	74104
regarding the operation and administration of the lottery. The	74105
director shall make available at the request of the commission all	74106
documents, files, and other records pertaining to the operation	74107
and administration of the lottery. The director shall prepare and	74108
make available to the commission each month a complete and	74109
accurate accounting of lottery revenues, prize money disbursements	74110
and the cost of goods and services awarded as prizes, operating	74111
expenses, and all other relevant financial information, including	74112
an accounting of all transfers made from any lottery funds in the	74113
custody of the treasurer of state to benefit education.	74114

(G) The director may enter into contracts for the operation	74115
or promotion of the lottery pursuant to Chapter 125. of the	74116
Revised Code.	74117

(H)(1) Pursuant to rules adopted by the commission under	74118
section 3770.03 of the Revised Code, the director shall require	74119
any lottery sales agents to ~~either mail directly to the commission~~	74120
or deposit to the credit of the state lottery fund, in banking	74121
institutions designated by the treasurer of state, net proceeds	74122
due the commission as determined by the director~~, and to file with~~	74123
~~the director or the director's designee reports of their receipts~~	74124
~~and transactions in the sale of lottery tickets in the form~~	74125
~~required by the director~~.	74126

(2) Pursuant to rules adopted by the commission under Chapter	74127
119. of the Revised Code, the director may impose penalties for	74128
the failure of a sales agent to transfer funds to the commission	74129
in a timely manner. Penalties may include monetary penalties,	74130
immediate suspension or revocation of a license, or any other	74131
penalty the commission adopts by rule.	74132

(I) The director may arrange for any person, or any banking	74133
institution, to perform functions and services in connection with	74134
the operation of the lottery as the director may consider	74135
necessary to carry out this chapter.	74136

(J)(1) As used in this chapter, "statewide joint lottery	74137
game" means a lottery game that the commission sells solely within	74138
this state under an agreement with other lottery jurisdictions to	74139
sell the same lottery game solely within their statewide or other	74140
jurisdictional boundaries.	74141

(2) If the governor directs the director to do so, the	74142
director shall enter into an agreement with other lottery	74143
jurisdictions to conduct statewide joint lottery games. If the	74144
governor signs the agreement personally or by means of an	74145
authenticating officer pursuant to section 107.15 of the Revised	74146
Code, the director then may conduct statewide joint lottery games	74147
under the agreement.	74148

(3) The entire net proceeds from any statewide joint lottery	74149
games shall be used to fund elementary, secondary, vocational, and	74150
special education programs in this state.	74151

(4) The commission shall conduct any statewide joint lottery	74152
games in accordance with rules it adopts under division (B)(5) of	74153
section 3770.03 of the Revised Code.	74154

(K)(1) The director shall enter into an agreement with the	74155
department of ~~alcohol and drug addiction services~~mental health	74156
and addiction services under which the department shall provide a	74157
program of gambling addiction services on behalf of the	74158
commission. The commission shall pay the costs of the program	74159
provided pursuant to the agreement.	74160

(2) As used in this section, "gambling addiction services"	74161
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	74162
Code.	74163

Sec. 3770.06. (A) There is hereby created the state lottery	74164
gross revenue fund, which shall be in the custody of the treasurer	74165
of state but shall not be part of the state treasury. All gross	74166
revenues received from sales of lottery tickets, fines, fees, and	74167
related proceeds in connection with the statewide lottery and all	74168
gross proceeds from statewide joint lottery games shall be	74169
deposited into the fund. The treasurer of state shall invest any	74170
portion of the fund not needed for immediate use in the same	74171
manner as, and subject to all provisions of law with respect to	74172
the investment of, state funds. The treasurer of state shall	74173
disburse money from the fund on order of the director of the state	74174
lottery commission or the director's designee.	74175

Except for gross proceeds from statewide joint lottery games,	74176
all revenues of the state lottery gross revenue fund that are not	74177
paid to holders of winning lottery tickets, that are not required	74178
to meet short-term prize liabilities, that are not credited to	74179
lottery sales agents in the form of bonuses, commissions, or	74180
reimbursements, that are not paid to financial institutions to	74181
reimburse those institutions for sales agent nonsufficient funds,	74182
and that are collected from sales agents for remittance to	74183
insurers under contract to provide sales agent bonding services	74184
shall be transferred to the state lottery fund, which is hereby	74185
created in the state treasury. In addition, all revenues of the	74186
state lottery gross revenue fund that represent the gross proceeds	74187
from the statewide joint lottery games and that are not paid to	74188
holders of winning lottery tickets, that are not required to meet	74189
short-term prize liabilities, that are not credited to lottery	74190
sales agents in the form of bonuses, commissions, or	74191
reimbursements, and that are not necessary to cover operating	74192
expenses associated with those games or to otherwise comply with	74193
the agreements signed by the governor that the director enters	74194
into under division (J) of section 3770.02 of the Revised Code or	74195
the rules the commission adopts under division (B)(5) of section	74196
3770.03 of the Revised Code shall be transferred to the state	74197
lottery fund. All investment earnings of the fund shall be	74198
credited to the fund. Moneys shall be disbursed from the fund	74199
pursuant to vouchers approved by the director. Total disbursements	74200
for monetary prize awards to holders of winning lottery tickets in	74201
connection with the statewide lottery and purchases of goods and	74202
services awarded as prizes to holders of winning lottery tickets	74203
shall be of an amount equal to at least fifty per cent of the	74204
total revenue accruing from the sale of lottery tickets.	74205

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	74206
there is hereby established in the state treasury the lottery	74207
profits education fund. Whenever, in the judgment of the director	74208
of the state lottery commission, the amount to the credit of the	74209
state lottery fund that does not represent proceeds from statewide	74210
joint lottery games is in excess of that needed to meet the	74211
maturing obligations of the commission and as working capital for	74212
its further operations, the director of the state lottery	74213
commission shall recommend the amount of the excess to be	74214
transferred to the lottery profits education fund, and the	74215
director of budget and management may transfer the excess to the	74216
lottery profits education fund in connection with the statewide	74217
lottery. In addition, whenever, in the judgment of the director of	74218
the state lottery commission, the amount to the credit of the	74219
state lottery fund that represents proceeds from statewide joint	74220
lottery games equals the entire net proceeds of those games as	74221
described in division (B)(5) of section 3770.03 of the Revised	74222
Code and the rules adopted under that division, the director of	74223
the state lottery commission shall recommend the amount of the	74224
proceeds to be transferred to the lottery profits education fund,	74225
and the director of budget and management may transfer those	74226
proceeds to the lottery profits education fund. Investment	74227
earnings of the lottery profits education fund shall be credited	74228
to the fund.	74229

The lottery profits education fund shall be used solely for	74230
the support of elementary, secondary, vocational, and special	74231
education programs as determined in appropriations made by the	74232
general assembly, or as provided in applicable bond proceedings	74233
for the payment of debt service on obligations issued to pay costs	74234
of capital facilities, including those for a system of common	74235
schools throughout the state pursuant to section 2n of Article	74236
VIII, Ohio Constitution. When determining the availability of	74237
money in the lottery profits education fund, the director of	74238
budget and management may consider all balances and estimated	74239
revenues of the fund.	74240

(C) There is hereby established in the state treasury the	74241
deferred prizes trust fund. With the approval of the director of	74242
budget and management, an amount sufficient to fund annuity prizes	74243
shall be transferred from the state lottery fund and credited to	74244
the trust fund. The treasurer of state shall credit all earnings	74245
arising from investments purchased under this division to the	74246
trust fund. Within sixty days after the end of each fiscal year,	74247
the treasurer of state shall certify to the director of budget and	74248
management whether the actuarial amount of the trust fund is	74249
sufficient over the fund's life for continued funding of all	74250
remaining deferred prize liabilities as of the last day of the	74251
fiscal year just ended. Also, within that sixty days, the director	74252
of budget and management shall certify the amount of investment	74253
earnings necessary to have been credited to the trust fund during	74254
the fiscal year just ending to provide for such continued funding	74255
of deferred prizes. Any earnings credited in excess of the latter	74256
certified amount shall be transferred to the lottery profits	74257
education fund.	74258

To provide all or a part of the amounts necessary to fund	74259
deferred prizes awarded by the commission in connection with the	74260
statewide lottery, the treasurer of state, in consultation with	74261
the commission, may invest moneys contained in the deferred prizes	74262
trust fund which represents proceeds from the statewide lottery in	74263
obligations of the type permitted for the investment of state	74264
funds but whose maturities are thirty years or less.	74265
Notwithstanding the requirements of any other section of the	74266
Revised Code, to provide all or part of the amounts necessary to	74267
fund deferred prizes awarded by the commission in connection with	74268
statewide joint lottery games, the treasurer of state, in	74269
consultation with the commission, may invest moneys in the trust	74270
fund which represent proceeds derived from the statewide joint	74271
lottery games in accordance with the rules the commission adopts	74272
under division (B)(5) of section 3770.03 of the Revised Code.	74273
Investments of the trust fund are not subject to the provisions of	74274
division (A)(10) of section 135.143 of the Revised Code limiting	74275
to twenty-five per cent the amount of the state's total average	74276
portfolio that may be invested in debt interests and limiting to	74277
one-half of one per cent the amount that may be invested in debt	74278
interests of a single issuer.	74279

All purchases made under this division shall be effected on a	74280
delivery versus payment method and shall be in the custody of the	74281
treasurer of state.	74282

The treasurer of state may retain an investment advisor, if	74283
necessary. The commission shall pay any costs incurred by the	74284
treasurer of state in retaining an investment advisor.	74285

(D) The auditor of state shall conduct annual audits of all	74286
funds and any other audits as the auditor of state or the general	74287
assembly considers necessary. The auditor of state may examine all	74288
records, files, and other documents of the commission, and records	74289
of lottery sales agents that pertain to their activities as	74290
agents, for purposes of conducting authorized audits.	74291

(E) The state lottery commission shall establish an internal	74292
audit ~~program~~plan before the beginning of each fiscal year,	74293
subject to the approval of the ~~auditor~~office of ~~state~~internal	74294
audit in the office of budget and management. At the end of each	74295
fiscal year, the commission shall prepare and submit an annual	74296
report to the ~~auditor~~office of ~~state~~internal audit for the	74297
~~auditor of state's~~office's review and approval, specifying the	74298
internal audit work completed by the end of that fiscal year and	74299
reporting on compliance with the annual internal audit ~~program.~~	74300
~~The form and content of the report shall be prescribed by the~~	74301
~~auditor of state under division (C) of section 117.20 of the~~	74302
~~Revised Code~~plan.	74303

~~(E)~~(F) Whenever, in the judgment of the director of budget	74304
and management, an amount of net state lottery proceeds is	74305
necessary to be applied to the payment of debt service on	74306
obligations, all as defined in sections 151.01 and 151.03 of the	74307
Revised Code, the director shall transfer that amount directly	74308
from the state lottery fund or from the lottery profits education	74309
fund to the bond service fund defined in those sections. The	74310
provisions of this division are subject to any prior pledges or	74311
obligation of those amounts to the payment of bond service charges	74312
as defined in division (C) of section 3318.21 of the Revised Code,	74313
as referred to in division (B) of this section.	74314

Sec. 3772.062. (A) The executive director of the commission	74315
shall enter into an agreement with the department of ~~alcohol and~~	74316
~~drug addiction services~~mental health and addiction services under	74317
which the department provides a program of gambling and addiction	74318
services on behalf of the commission.	74319

(B) The executive director of the commission, in conjunction	74320
with the department of ~~alcohol and drug addiction services~~mental	74321
health and addiction services and the state lottery commission,	74322
shall establish, operate, and publicize an in-state, toll-free	74323
telephone number Ohio residents may call to obtain basic	74324
information about problem gambling, the gambling addiction	74325
services available to problem gamblers, and how a problem gambler	74326
may obtain help. The telephone number shall be staffed twenty-four	74327
hours per day, seven days a week, to respond to inquiries and	74328
provide that information. The costs of establishing, operating,	74329
and publicizing the telephone number shall be paid for with money	74330
in the problem casino gambling and addictions fund.	74331

Sec. 3772.36. (A) There is hereby created in the state	74332
treasury the casino control commission enforcement fund. All	74333
moneys that are derived from any fines, mandatory fines, or	74334
forfeited bail to which the commission may be entitled under this	74335
chapter and all moneys that are derived from forfeitures of	74336
property to which the commission may be entitled under this	74337
chapter or Chapter 2981. of the Revised Code, any other provision	74338
of the Revised Code, or federal law shall be deposited into the	74339
fund. Subject to division (B) of this section and divisions (B),	74340
(C), and (D) of section 2981.13 of the Revised Code, the moneys in	74341
the fund shall be used solely to subsidize the commission's	74342
division of enforcement and its efforts to ensure the integrity of	74343
casino gaming.	74344

(B) Notwithstanding any contrary provision in the Revised	74345
Code, moneys that are derived from forfeitures of property under	74346
federal law and that are deposited into the casino control	74347
commission enforcement fund in accordance with division (A) of	74348
this section shall be used and accounted for in accordance with	74349
the applicable federal law, and the commission otherwise shall	74350
comply with federal law in connection with that money.	74351

Sec. 3781.112. (A) As used in this section, "secured	74352
facility" means any of the following:	74353

(1) A maternity unit, newborn care nursery, or maternity home	74354
licensed under Chapter 3711. of the Revised Code;	74355

(2) A pediatric intensive care unit subject to rules adopted	74356
by the director of health pursuant to section 3702.11 of the	74357
Revised Code;	74358

(3) A children's hospital, as defined in section 3727.01 of	74359
the Revised Code;	74360

(4) A hospital that is licensed under section ~~5119.20~~5119.33	74361
of the Revised Code to receive mentally ill persons;	74362

(5) The portion of a nursing home licensed under section	74363
3721.02 of the Revised Code or in accordance with section 3721.09	74364
of the Revised Code in which specialized care is provided to	74365
residents of the nursing home who have physical or mental	74366
conditions that require a resident to be restricted in the	74367
resident's freedom of movement for the health and safety of the	74368
resident, the staff attending the resident, or the general public.	74369

(B) A secured facility may take reasonable steps in	74370
accordance with rules the board of building standards adopts under	74371
division (A) of section 3781.10 of the Revised Code and in	74372
accordance with the state fire code the fire marshal adopts under	74373
section 3737.82 of the Revised Code, to deny egress to confine and	74374
protect patients or residents of the secured facility who are not	74375
capable of self-preservation. A secured facility that wishes to	74376
deny egress to those patients or residents may use delayed-egress	74377
doors and electronically coded doors to deny egress, on the	74378
condition that those doors are installed and used in accordance	74379
with rules the board of building standards adopts under division	74380
(A) of section 3781.10 of the Revised Code and in accordance with	74381
the state fire code the fire marshal adopts under section 3737.82	74382
of the Revised Code. A secured facility also may install	74383
controlled-egress locks, in compliance with rules the board of	74384
building standards adopts under division (A) of section 3781.10 of	74385
the Revised Code and in compliance with the state fire code the	74386
fire marshal adopts under section 3737.82 of the Revised Code, in	74387
areas of the secured facility where patients or residents who have	74388
physical or mental conditions that would endanger the patients or	74389
residents, the staff attending the patients or residents, or the	74390
general public if those patients or residents are not restricted	74391
in their freedom of movement. A secured facility that uses	74392
delayed-egress doors and electronically coded doors,	74393
controlled-egress locks, or both, shall do both of the following:	74394

(1) Provide continuous, twenty-four-hour custodial care to	74395
the patients or residents of the facility;	74396

(2) Establish a system to evacuate patients or residents in	74397
the event of fire or other emergency.	74398

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	74399
3795.03 of the Revised Code:	74400

(A) "Assist suicide" or "assisting suicide" means knowingly	74401
doing either of the following, with the purpose of helping another	74402
person to commit or attempt suicide:	74403

(1) Providing the physical means by which the person commits	74404
or attempts to commit suicide;	74405

(2) Participating in a physical act by which the person	74406
commits or attempts to commit suicide.	74407

(B) "Certified nurse practitioner," "certified	74408
nurse-midwife," and "clinical nurse specialist" have the same	74409
meanings as in section 4723.01 of the Revised Code.	74410

(C) "CPR" has the same meaning as in section 2133.21 of the	74411
Revised Code.	74412

(D) "Health care" means any care, treatment, service, or	74413
procedure to maintain, diagnose, or treat a person's physical or	74414
mental condition.	74415

(E) "Health care decision" means informed consent, refusal to	74416
give informed consent, or withdrawal of informed consent to health	74417
care.	74418

(F) "Health care facility" means any of the following:

74419

(1) A hospital;

74420

(2) A hospice care program or pediatric respite care program	74421
as defined in section 3712.01 of the Revised Code;	74422

(3) A nursing home;

74423

(4) A home health agency;

74424

(5) An intermediate care facility for ~~the mentally retarded~~	74425
individuals with intellectual disabilities.	74426

(G) "Health care personnel" means physicians, nurses,	74427
physician assistants, emergency medical technicians-basic,	74428
emergency medical technicians-intermediate, emergency medical	74429
technicians-paramedic, medical technicians, dietitians, other	74430
authorized persons acting under the direction of an attending	74431
physician, and administrators of health care facilities.	74432

(H) "Physician" means a person who is authorized under	74433
Chapter 4731. of the Revised Code to practice medicine and surgery	74434
or osteopathic medicine and surgery.	74435

Sec. 3798.01. As used in this chapter:

74436

(A) "Administrative safeguards," "physical safeguards," and	74437
"technical safeguards" have the same meanings as in 45 C.F.R.	74438
164.304.	74439

(B) "Approved health information exchange" means a health	74440
information exchange that has been approved or reapproved by the	74441
medicaid director ~~of job and family services~~ pursuant to the	74442
approval or reapproval process, as applicable, the director	74443
establishes in rules adopted under division (A) of section 3798.15	74444
of the Revised Code or that has been certified by the office of	74445
the national coordinator for health information technology in the	74446
United States department of health and human services.	74447

(C) "Covered entity," "disclosure," "health care provider,"	74448
"health information," "individually identifiable health	74449
information," "protected health information," and "use" have the	74450
same meanings as in 45 C.F.R. 160.103.	74451

(D) "Designated record set" has the same meaning as in 45	74452
C.F.R. 164.501.	74453

(E) "Direct exchange" means the activity of electronic	74454
transmission of health information through a direct connection	74455
between the electronic record systems of health care providers	74456
without the use of a health information exchange.	74457

(F) "Health care component" and "hybrid entity" have the same	74458
meanings as in 45 C.F.R. 164.103.	74459

(G) "Health information exchange" means any person or	74460
governmental entity that provides in this state a technical	74461
infrastructure to connect computer systems or other electronic	74462
devices used by covered entities to facilitate the secure	74463
transmission of health information. "Health information exchange"	74464
excludes health care providers engaged in direct exchange,	74465
including direct exchange through the use of a health information	74466
service provider.	74467

(H) "HIPAA privacy rule" means the standards for privacy of	74468
individually identifiable health information in 45 C.F.R. part 160	74469
and in 45 C.F.R. part 164, subparts A and E.	74470

(I) "Interoperability" means the capacity of two or more	74471
information systems to exchange information in an accurate,	74472
effective, secure, and consistent manner.	74473

(J) "Minor" means an unemancipated person under eighteen	74474
years of age or a mentally or physically disabled person under	74475
twenty-one years of age who meets criteria specified in rules	74476
adopted by the medicaid director ~~of job and family services~~ under	74477
section 3798.13 of the Revised Code.	74478

(K) "More stringent" has the same meaning as in 45 C.F.R.	74479
160.202.	74480

(L) "Office of health transformation" means the office of	74481
health transformation created by executive order 2011-02K or a	74482
successor governmental entity responsible for health system	74483
oversight in this state.	74484

(M) "Personal representative" means a person who has	74485
authority under applicable law to make decisions related to health	74486
care on behalf of an adult or emancipated minor, or the parent,	74487
legal guardian, or other person acting in loco parentis who is	74488
authorized under law to make health care decisions on behalf of an	74489
unemancipated minor. "Personal representative" does not include	74490
the parent or legal guardian of, or another person acting in loco	74491
parentis to, a minor who consents to the minor's own receipt of	74492
health care or a minor who makes medical decisions on the minor's	74493
own behalf pursuant to law, court approval, or because the minor's	74494
parent, legal guardian, or other person acting in loco parentis	74495
has assented to an agreement of confidentiality between the	74496
provider and the minor.	74497

(N) "Political subdivision" means a municipal corporation,	74498
township, county, school district, or other body corporate and	74499
politic responsible for governmental activities in a geographic	74500
area smaller than that of the state.	74501

(O) "State agency" means any one or more of the following:

74502

(1) The department of administrative services;

74503

(2) The department of aging;

74504

~~(2)~~(3) The department of ~~alcohol and drug addiction services~~	74505
mental health and addiction services;	74506

~~(3)~~(4) The department of developmental disabilities;

74507

~~(4)~~(5) The department of education;

74508

~~(5)~~(6) The department of health;

74509

~~(6)~~(7) The department of insurance;

74510

~~(7)~~(8) The department of job and family services;

74511

~~(8)~~(9) The department of ~~mental health~~medicaid;

74512

~~(9)~~(10) The department of rehabilitation and correction;

74513

~~(10)~~(11) The department of youth services;

74514

~~(11)~~(12) The bureau of workers' compensation;

74515

~~(12)~~(13) The ~~rehabilitation services commission~~opportunities	74516
for Ohioans with disabilities agency;	74517

~~(13)~~(14) The office of the attorney general;

74518

~~(14)~~(15) A health care licensing board created under Title	74519
XLVII of the Revised Code that possesses individually identifiable	74520
health information.	74521

Sec. 3798.10. (A) Not later than six months after ~~the~~	74522
~~effective date of this section~~September 10, 2012, the medicaid	74523
director ~~of job and family services~~, in consultation with the	74524
office of health transformation, shall prescribe by rules adopted	74525
in accordance with Chapter 119. of the Revised Code a standard	74526
authorization form for the use and disclosure of protected health	74527
information by covered entities in this state. The form shall meet	74528
all requirements specified in 45 C.F.R. 164.508 and, where	74529
applicable, 42 C.F.R. part 2.	74530

(B) If a form the medicaid director prescribes under division	74531
(A) of this section is properly executed by an individual or the	74532
individual's personal representative, it shall be accepted by any	74533
person or governmental entity in this state as valid authorization	74534
for the use or disclosure of the individual's protected health	74535
information to the persons or governmental entities specified in	74536
the form.	74537

(C) This section does not preclude a person or governmental	74538
entity from accepting as valid authorization for the use or	74539
disclosure of protected health information a form other than the	74540
form prescribed under division (A) of this section if the other	74541
form meets all requirements specified in 45 C.F.R. 164.508 and, if	74542
applicable, 42 C.F.R. part 2.	74543

Sec. 3798.13. The medicaid director ~~of job and family~~	74544
~~services~~ shall adopt rules for purposes of specifying the criteria	74545
a person who is mentally or physically disabled and who is under	74546
twenty-one years of age must meet to be considered a minor for	74547
purposes of sections 3798.07 and 3798.12 of the Revised Code.	74548

Sec. 3798.14. (A) The medicaid director ~~of job and family~~	74549
~~services~~, in consultation with the office of health	74550
transformation, shall adopt rules in accordance with Chapter 119.	74551
of the Revised Code for the purpose of establishing standards the	74552
director must use to approve health information exchanges	74553
operating in this state. The rules shall not be adopted until the	74554
earlier of sixty days following the adoption of a federal	74555
certification process for health information exchanges by the	74556
office of the national coordinator for health information	74557
technology in the United States department of health and human	74558
services or January 1, 2013. Subject to division (B) of this	74559
section, the rules may include standards and procedures to be	74560
followed by a health information exchange regarding the following:	74561

(1) Access to and use and disclosure of protected health	74562
information maintained by or on an approved health information	74563
exchange;	74564

(2) Demonstration of adequate financial resources to sustain	74565
continued operations in compliance with the rules adopted under	74566
this section;	74567

(3) Participation in outreach activities for individuals and	74568
covered entities;	74569

(4) Conduct of operations in a transparent manner to promote	74570
consumer confidence;	74571

(5) Implementation of security breach notification	74572
procedures.	74573

(B) The rules the medicaid director adopts pursuant to	74574
division (A) of this section shall be consistent with	74575
certification standards for health information exchanges	74576
established in federal statutes and regulations, including	74577
nationally recognized standards for interoperability.	74578

Sec. 3798.15. (A) The medicaid director ~~of job and family~~	74579
~~services~~, in consultation with the office of health	74580
transformation, shall adopt rules in accordance with Chapter 119.	74581
of the Revised Code for the purpose of establishing processes for	74582
all of the following:	74583

(1) A health information exchange to obtain approval to	74584
operate as an approved health information exchange in this state	74585
and, at times specified by the director, obtain reapproval of such	74586
status;	74587

(2) The director to investigate and resolve concerns and	74588
complaints submitted to the director regarding an approved health	74589
information exchange;	74590

(3) A health information exchange to apply for	74591
reconsideration of a decision the director makes under a process	74592
established under division (A)(1) or (2) of this section;	74593

(4) Covered entities and approved health information	74594
exchanges to enter into participation agreements and enforce the	74595
terms of such agreements.	74596

(B) Any decision the medicaid director makes in relation to a	74597
request for reconsideration made in accordance with rules adopted	74598
under division (A)(3) of this section is not subject to appeal	74599
under Chapter 119. of the Revised Code.	74600

Sec. 3798.16. (A) The medicaid director of job and family	74601
services, in consultation with the office of health	74602
transformation, shall adopt rules in accordance with Chapter 119.	74603
of the Revised Code for the purpose of specifying the content of	74604
agreements governing covered entities' participation in approved	74605
health information exchanges. At a minimum, the rules shall	74606
require the content of such participation agreements to include	74607
all of the following:	74608

(1) Procedures for a covered entity to disclose an	74609
individual's protected health information to an approved health	74610
information exchange;	74611

(2) Procedures for a covered entity to access an individual's	74612
protected health information from an approved health information	74613
exchange;	74614

(3) Subject to division (B) of this section, a written notice	74615
to be provided by a covered entity to an individual or the	74616
individual's personal representative prior to the covered entity's	74617
disclosure of the individual's protected health information to an	74618
approved health information exchange;	74619

(4) Documentation the covered entity must use to verify that	74620
a notice described in division (A)(3) of this section has been	74621
provided by the covered entity to an individual or the	74622
individual's personal representative prior to the disclosure of	74623
the individual's protected health information to an approved	74624
health information exchange;	74625

(5) Procedures for an individual or the individual's personal	74626
representative to submit to the covered entity a written request	74627
to place restrictions on the covered entity's disclosure of	74628
protected health information to the approved health information	74629
exchange;	74630

(6) The standards a covered entity must use to determine	74631
whether, and to what extent, to comply with a written request	74632
described in division (A)(5) of this section;	74633

(7) The purposes for which a covered entity may access and	74634
use protected health information from the approved health	74635
information exchange.	74636

(B) With respect to the written notice described in division	74637
(A)(3) of this section, the rules may specify that the notice can	74638
be incorporated into the covered entity's notice of privacy	74639
practices required by 45 C.F.R. 164.520 and shall specify that the	74640
notice include the following statements:	74641

(1) The individual's protected health information will be	74642
disclosed to the approved health information exchange to	74643
facilitate the provision of health care to the individual.	74644

(2) The approved health information exchange maintains	74645
appropriate administrative, physical, and technical safeguards to	74646
protect the privacy and security of protected health information.	74647

(3) Only authorized individuals may access and use protected	74648
health information from the approved health information exchange.	74649

(4) The individual or the individual's personal	74650
representative has the right to request in writing that the	74651
covered entity do either or both of the following:	74652

(a) Not disclose any of the individual's protected health	74653
information to the approved health information exchange;	74654

(b) Not disclose specific categories of the individual's	74655
protected health information to the approved health information	74656
exchange.	74657

(5) Any restrictions on the disclosure of protected health	74658
information an individual requests as described in either division	74659
(B)(4)(a) or (b) of this section may result in a health care	74660
provider not having access to information that is necessary for	74661
the provider to render appropriate care to the individual.	74662

(6) Any restrictions on the disclosure of protected health	74663
information an individual requests as described in division	74664
(B)(4)(a) of this section must be honored by the covered entity.	74665

(7) Any restrictions on the disclosure of protected health	74666
information an individual requests as described in division	74667
(B)(4)(b) of this section must be honored if the restriction is	74668
consistent with rules adopted under this chapter.	74669

(C) In adopting standards under division (A)(6) of this	74670
section, the medicaid director shall take into consideration the	74671
technical capabilities of software available to health information	74672
exchanges."	74673

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	74674
the Revised Code do not apply to the following:	74675

(A) Policies offering coverage that is regulated under	74676
Chapters 3935. and 3937. of the Revised Code;	74677

(B) An employer's self-insurance plan and any of its	74678
administrators, as defined in section 3959.01 of the Revised Code,	74679
to the extent that federal law supersedes, preempts, prohibits, or	74680
otherwise precludes the application of any provisions of those	74681
sections to the plan and its administrators;	74682

(C) A third-party payer for coverage provided under the	74683
medicare advantage program operated under Title XVIII of the	74684
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	74685
amended;	74686

(D) A third-party payer for coverage provided under the	74687
medicaid program ~~operated under Title XIX of the "Social Security~~	74688
~~Act~~," except that if a federal waiver applied for under section	74689
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	74690
director ~~of job and family services~~ determines that this provision	74691
can be implemented without a waiver, sections 3901.38 and 3901.381	74692
to 3901.3813 of the Revised Code apply to claims submitted	74693
electronically or non-electronically that are made with respect to	74694
coverage of medicaid recipients by health insuring corporations	74695
licensed under Chapter 1751. of the Revised Code, instead of the	74696
prompt payment requirements of 42 C.F.R. 447.46;	74697

(E) A third-party payer for coverage provided under the	74698
tricare program offered by the United States department of	74699
defense.	74700

Sec. 3903.14. (A) The superintendent of insurance as	74701
rehabilitator may appoint one or more special deputies, who shall	74702
have all the powers and responsibilities of the rehabilitator	74703
granted under this section, and the superintendent may employ such	74704
clerks and assistants as considered necessary. The compensation of	74705
the special deputies, clerks, and assistants and all expenses of	74706
taking possession of the insurer and of conducting the proceedings	74707
shall be fixed by the superintendent, with the approval of the	74708
court and shall be paid out of the funds or assets of the insurer.	74709
The persons appointed under this section shall serve at the	74710
pleasure of the superintendent. In the event that the property of	74711
the insurer does not contain sufficient cash or liquid assets to	74712
defray the costs incurred, the superintendent may advance the	74713
costs so incurred out of any appropriation for the maintenance of	74714
the department of insurance. Any amounts so advanced for expenses	74715
of administration shall be repaid to the superintendent for the	74716
use of the department out of the first available money of the	74717
insurer.	74718

(B) The rehabilitator may take such action as the	74719
rehabilitator considers necessary or appropriate to reform and	74720
revitalize the insurer. The rehabilitator shall have all the	74721
powers of the directors, officers, and managers, whose authority	74722
shall be suspended, except as they are redelegated by the	74723
rehabilitator. The rehabilitator shall have full power to direct	74724
and manage, to hire and discharge employees subject to any	74725
contract rights they may have, and to deal with the property and	74726
business of the insurer.	74727

(C) If it appears to the rehabilitator that there has been	74728
criminal or tortious conduct, or breach of any contractual or	74729
fiduciary obligation detrimental to the insurer by any officer,	74730
manager, agent, director, trustee, broker, employee, or other	74731
person, the rehabilitator may pursue all appropriate legal	74732
remedies on behalf of the insurer.	74733

(D) If the rehabilitator determines that reorganization,	74734
consolidation, conversion, reinsurance, merger, or other	74735
transformation of the insurer is appropriate, the rehabilitator	74736
shall prepare a plan to effect such changes. Upon application of	74737
the rehabilitator for approval of the plan, and after such notice	74738
and hearings as the court may prescribe, the court may either	74739
approve or disapprove the plan proposed, or may modify it and	74740
approve it as modified. Any plan approved under this section shall	74741
be, in the judgment of the court, fair and equitable to all	74742
parties concerned. If the plan is approved, the rehabilitator	74743
shall carry out the plan. In the case of a life insurer, the plan	74744
proposed may include the imposition of liens upon the policies of	74745
the company, if all rights of shareholders are first relinquished.	74746
A plan for a life insurer may also propose imposition of a	74747
moratorium upon loan and cash surrender rights under policies, for	74748
such period and to such an extent as may be necessary.	74749

(E) In the case of a medicaid health insuring corporation	74750
that has posted a bond or deposited securities in accordance with	74751
section 1751.271 of the Revised Code, the plan proposed under	74752
division (D) of this section may include the use of the proceeds	74753
of the bond or securities to first pay the claims of contracted	74754
providers for covered health care services provided to medicaid	74755
recipients, then next to pay other claimants with any remaining	74756
funds, consistent with the priorities set forth in sections	74757
3903.421 and 3903.42 of the Revised Code.	74758

(F) The rehabilitator shall have the power under sections	74759
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	74760
transfers.	74761

(G) As used in this section:

74762

(1) "Contracted provider" means a provider with a contract	74763
with a medicaid health insuring corporation to provide covered	74764
health care services to medicaid recipients.	74765

(2) "Medicaid recipient" means a person ~~eligible for~~	74766
~~assistance under~~enrolled in the medicaid program ~~operated~~	74767
~~pursuant to Chapter 5111. of the Revised Code~~.	74768

Sec. 3905.40. There shall be paid to the superintendent of	74769
insurance the following fees:	74770

(A) Each insurance company doing business in this state shall	74771
pay:	74772

(1) For filing a copy of its charter or deed of settlement,	74773
two hundred fifty dollars;	74774

(2) For filing each statement, one hundred seventy-five	74775
dollars;	74776

(3) For each certificate of authority or license, one hundred	74777
seventy-five, and for each certified copy thereof, five dollars;	74778

(4) For each copy of a paper filed in the superintendent's	74779
office, twenty cents per page;	74780

(5) For issuing certificates of deposits or certified copies	74781
thereof, five dollars for the first certificate or copy and one	74782
dollar for each additional certificate or copy;	74783

(6) For issuing certificates of compliance or certified	74784
copies thereof, sixty dollars;	74785

(7) For affixing the seal of office and certifying documents,	74786
other than those enumerated herein, two dollars;	74787

(8) For each agent appointment and each annual renewal of an	74788
agent appointment, not more than twenty dollars;	74789

~~(9) For each termination of an agent appointment, five~~	74790
~~dollars~~.	74791

(B) Each domestic life insurance company doing business in	74792
this state shall pay for annual valuation of its policies, one	74793
cent on every one thousand dollars of insurance.	74794

(C) Each applicant for licensure as an insurance agent except	74795
applicants for licensure as surety bail bond agents, surplus line	74796
brokers, and portable electronics insurance vendors shall pay ten	74797
dollars for each line of authority requested. Fees collected under	74798
this division shall be credited to the department of insurance	74799
operating fund created in section 3901.021 of the Revised Code.	74800

(D) Each domestic mutual life insurance company shall pay for	74801
verifying that any amendment to its articles of incorporation was	74802
regularly adopted, two hundred fifty dollars with each application	74803
for verification. Any such amendment shall be considered to have	74804
been regularly adopted when approved by the affirmative vote of	74805
two-thirds of the policyholders present in person or by proxy at	74806
any annual meeting of policyholders or at a special meeting of	74807
policyholders called for that purpose.	74808

(E) Each insurance agent doing business in this state shall	74809
pay a biennial license renewal fee of twenty-five dollars, except	74810
the following insurance agents are not required to pay that	74811
license renewal fee:	74812

(1) Individual resident agents who have met their continuing	74813
education requirements under section 3905.481 of the Revised Code;	74814

(2) Surety bail bond agents;

74815

(3) Surplus line brokers;

74816

(4) Portable electronics insurance vendors.

74817

(F) Each applicant for licensure as a portable electronics	74818
insurance vendor with a portable electronics insurance limited	74819
lines license and each licensed vendor doing business in this	74820
state shall pay the following fees prescribed by the	74821
superintendent:	74822

(1) For vendors engaged in portable electronic transactions	74823
at more than ten locations in this state, an application fee not	74824
to exceed five thousand dollars for an initial license and a	74825
biennial license renewal fee not to exceed two thousand five	74826
hundred dollars for each renewal thereafter;	74827

(2) For vendors engaged in portable electronic transactions	74828
at ten or fewer locations in this state, an application fee not to	74829
exceed three thousand dollars for an initial license and a	74830
biennial license renewal fee not to exceed one thousand dollars	74831
for each renewal thereafter.	74832

(G) All fees collected by the superintendent under this	74833
section except any fees collected under divisions (A)(2), (3), and	74834
(6) of this section shall be credited to the department of	74835
insurance operating fund created under section 3901.021 of the	74836
Revised Code.	74837

Sec. 3905.483. (A) There is hereby created the insurance	74838
agent education advisory council to advise the superintendent of	74839
insurance in carrying out the duties imposed under sections	74840
3905.04 and 3905.481 to 3905.486 of the Revised Code.	74841

(B) The council shall be composed of the superintendent, or	74842
the superintendent's designee, and twelve members appointed by the	74843
superintendent, as follows:	74844

(1) One representative of the association of Ohio life	74845
insurance companies;	74846

(2) One representative of the independent insurance agents of	74847
Ohio;	74848

(3) One representative of the Ohio association of health	74849
underwriters;	74850

(4) One representative of the national association of	74851
insurance and financial advisors-Ohio;	74852

(5) One representative of the Ohio insurance institute;

74853

(6) One representative of the professional insurance agents	74854
association of Ohio;	74855

(7) One representative of the Ohio land title association;

74856

(8) Two insurance agents each of whom has been licensed	74857
continuously during the five-year period immediately preceding the	74858
agent's appointment;	74859

(9) One representative of an insurance company admitted to	74860
transact business in this state;	74861

(10) Two representatives of consumers, one of whom shall be	74862
at least ~~sixty~~fifty years of age.	74863

(C)(1) Of the initial eleven appointments made by the	74864
superintendent, three shall be for terms ending December 31, 1994,	74865
four shall be for terms ending December 31, 1995, and four shall	74866
be for terms ending December 31, 1996. Thereafter, terms of office	74867
shall be for three years, each term ending on the thirty-first day	74868
of December of the third year.	74869

(2) The initial appointment of the twelfth member made by the	74870
superintendent under division (B)(7) of this section, pursuant to	74871
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	74872
term ending December 31, 2003. Thereafter, the term of office	74873
shall be for three years, ending on the thirty-first day of	74874
December of the third year.	74875

(D) Each member shall hold office from the date of	74876
appointment until the end of the term for which the member was	74877
appointed. Any member appointed to fill a vacancy occurring prior	74878
to the expiration of the term for which the member's predecessor	74879
was appointed shall hold office for the remainder of such term.	74880
Any member shall continue in office subsequent to the expiration	74881
date of the member's term until the member's successor takes	74882
office, or until a period of sixty days has elapsed, whichever	74883
occurs first. A vacancy shall be filled in the same manner as the	74884
original appointment.	74885

(E) Initial appointments to the council shall be made no	74886
later than thirty days after April 16, 1993. The initial	74887
appointment of the twelfth member to the council under division	74888
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	74889
general assembly, shall be made no later than December 31, 2002.	74890

(F) Any member is eligible for reappointment. The	74891
superintendent, after notice and opportunity for a hearing, may	74892
remove for cause any member the superintendent appoints.	74893

(G) The superintendent or the superintendent's designee shall	74894
serve as chairperson of the council. Meetings shall be held upon	74895
the call of the chairperson and as may be provided by procedures	74896
adopted by the superintendent. Seven members of the council	74897
constitute a quorum.	74898

(H) Each member shall receive mileage and necessary and	74899
actual expenses while engaged in the business of the council.	74900

Sec. 3905.862. Upon the expiration or cancellation of a	74901
surety bail bond agent's appointment, the agent shall not engage	74902
or attempt to engage in any activity requiring such an	74903
appointment. However, an insurer that cancels the appointment of a	74904
surety bail bond agent may authorize the agent to continue to	74905
attempt the arrest and surrender of a defendant for whom a bail	74906
bond had been written prior to the cancellation and to seek	74907
discharge of forfeitures and judgments.	74908

~~An insurer that cancels the appointment of a surety bail bond~~	74909
~~agent or allows that appointment to expire shall pay to the~~	74910
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	74911
~~section 3905.40 of the Revised Code.~~	74912

Sec. 3916.06. (A)(1) With each application for a viatical	74913
settlement, a viatical settlement provider or viatical settlement	74914
broker shall disclose at least the following to a viator no later	74915
than the time all parties sign the application for the viatical	74916
settlement contract:	74917

(a) That there are possible alternatives to viatical	74918
settlement contracts, including any accelerated death benefits	74919
offered under the viator's policy;	74920

(b) That some or all of the proceeds of the viatical	74921
settlement may be subject to federal income taxation and state	74922
franchise and income taxation, and that assistance should be	74923
sought from a professional tax advisor;	74924

(c) That the proceeds of the viatical settlement could be	74925
subject to the claims of creditors;	74926

(d) That receipt of the proceeds of the viatical settlement	74927
may adversely affect the viator's eligibility for ~~medical~~	74928
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	74929
program or other government benefits or entitlements, and that	74930
advice should be obtained from the appropriate government	74931
agencies;	74932

(e) That the viator has a right to rescind the viatical	74933
settlement contract for at least fifteen calendar days after the	74934
viator receives the viatical settlement proceeds, as provided in	74935
section 3916.08 of the Revised Code. If the insured dies during	74936
the rescission period, the viatical settlement contract shall be	74937
deemed to have been rescinded, subject to repayment of all	74938
viatical settlement proceeds to the viatical settlement company.	74939

(f) That funds will be sent to the viator within three	74940
business days after the viatical settlement provider has received	74941
written acknowledgment from the insurer or group administrator	74942
that ownership of the policy or interest in the certificate has	74943
been transferred and that the beneficiary has been designated	74944
pursuant to the viatical settlement contract;	74945

(g) That entering into a viatical settlement contract may	74946
cause other rights or benefits, including conversion rights and	74947
waiver of premium benefits that may exist under the policy, to be	74948
forfeited by the viator and that assistance should be sought from	74949
a financial advisor.	74950

(h) That following execution of the viatical settlement	74951
contract, the viatical settlement provider or the authorized	74952
representative of the viatical settlement provider may contact the	74953
insured for the purpose of determining the insured's health status	74954
and to confirm the insured's residential or business address and	74955
telephone number or for other purposes permitted by law. Any such	74956
contact shall be limited to once in any three-month period if the	74957
insured has a life expectancy of more than one year or to once per	74958
month if the insured has a life expectancy of one year or less.	74959

(2) The viatical settlement provider or viatical settlement	74960
broker shall provide the disclosures under division (A)(1) of this	74961
section in a separate document that is signed by the viator and	74962
the viatical settlement provider or viatical settlement broker.	74963

(3) Disclosure to a viator under division (A)(1) of this	74964
section shall include distribution of a brochure describing the	74965
process of viatical settlements. The viatical settlement provider	74966
or viatical settlement broker shall use the NAIC's form for the	74967
brochure unless another form is developed or approved by the	74968
superintendent.	74969

(4) The disclosure document under division (A)(1) of this	74970
section shall contain the following language:	74971

"All medical, financial, or personal information solicited or	74972
obtained by a viatical settlement provider or viatical settlement	74973
broker about an insured, including the insured's identity or the	74974
identity of family members, a spouse, or a significant other may	74975
be disclosed as necessary to effect the viatical settlement	74976
between the viator and the viatical settlement provider. If you	74977
are asked to provide this information, you will be asked to	74978
consent to the disclosure. The information may be provided to	74979
someone who buys the policy or provides funds for the purchase.	74980
You may be asked to renew your permission to share information	74981
every two years."	74982

(B)(1) A viatical settlement provider shall disclose at least	74983
the following to a viator prior to the date the viatical	74984
settlement contract is signed by all the necessary parties:	74985

(a) The affiliation, if any, between the viatical settlement	74986
provider and the issuer of the policy to be viaticated;	74987

(b) The name, business address, and telephone number of the	74988
viatical settlement provider;	74989

(c) Regarding a viatical settlement broker, the amount and	74990
method of calculating the broker's compensation. As used in this	74991
division, "compensation" includes anything of value paid or given	74992
to a viatical settlement broker for the placement of a policy or	74993
certificate.	74994

(d) Any affiliations or contractual arrangements between the	74995
viatical settlement provider and the viatical settlement broker;	74996

(e) If a policy to be viaticated has been issued as a joint	74997
policy or involves family riders or any coverage of a life other	74998
than the insured under the policy to be viaticated, the possible	74999
loss of coverage on the other lives under the policy and that	75000
advice should be sought from the viator's insurance agent or the	75001
company issuing the policy;	75002

(f) The dollar amount of the current death benefit payable to	75003
the viatical settlement provider under the policy, and, if known,	75004
the availability of any additional guaranteed insurance benefits,	75005
the dollar amount of any accidental death and dismemberment	75006
benefits under the policy, and the extent to which the viator's	75007
interest in those benefits will be transferred as a result of the	75008
viatical settlement contract.	75009

(g) That an escrow agent shall provide escrow services to the	75010
parties pursuant to a written agreement, signed by the viatical	75011
settlement provider, the viatical settlement broker, and the	75012
viator. At the close of escrow, the escrow agent will distribute	75013
the proceeds of the sale to the viator, minus any compensation to	75014
be paid to any other persons who provided services and to whom the	75015
viator has agreed to compensate out of the gross amount offered by	75016
the viatical settlement purchaser. All persons receiving any form	75017
of compensation under the escrow agreement shall be clearly	75018
identified, including name, business address, telephone number,	75019
and tax identification number.	75020

(2) The viatical settlement broker shall disclose at least	75021
the following to a viator prior to the execution of the viatical	75022
settlement contract:	75023

(a) The name, business address, and telephone number of the	75024
viatical settlement broker;	75025

(b) A full, complete, and accurate description of all offers,	75026
counteroffers, acceptances, and rejections relating to the	75027
proposed viatical settlement contract;	75028

(c) Any affiliations or contractual agreements between the	75029
viatical settlement broker and any person making an offer in	75030
connection with the proposed viatical settlement contract;	75031

(d) The amount and method of calculating the viatical	75032
settlement broker's compensation and, if any portion of the	75033
viatical settlement broker's compensation is taken from the	75034
viatical settlement offer, the total amount of the viatical	75035
settlement offer and the viatical settlement broker's compensation	75036
as a percentage of that total. As used in this division,	75037
"compensation" includes anything of value paid or given to a	75038
viatical settlement broker related to the settlement of a policy.	75039

(3) The viatical settlement provider or viatical settlement	75040
broker shall conspicuously display the disclosures required under	75041
divisions (B)(1) and (2) of this section in the viatical	75042
settlement contract or in a separate document signed by the viator	75043
and the viatical settlement provider or viatical settlement	75044
broker, as appropriate.	75045

(C) If the viatical settlement provider transfers ownership	75046
or changes the beneficiary of the policy, the viatical settlement	75047
provider shall communicate in writing the change in ownership or	75048
beneficiary to the insured within twenty days after the change.	75049

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	75050
Revised Code, every certificate furnished by an insurer in	75051
connection with, or pursuant to any provision of, any group	75052
sickness and accident insurance policy delivered, issued for	75053
delivery, renewed, or used in this state on or after January 1,	75054
1972, every policy of sickness and accident insurance delivered,	75055
issued for delivery, renewed, or used in this state on or after	75056
January 1, 1972, and every multiple employer welfare arrangement	75057
offering an insurance program, which provides that coverage of an	75058
unmarried dependent child of a parent or legal guardian will	75059
terminate upon attainment of the limiting age for dependent	75060
children specified in the contract shall also provide in substance	75061
both of the following:	75062

(1) Once an unmarried child has attained the limiting age for	75063
dependent children, as provided in the policy, upon the request of	75064
the insured, the insurer shall offer to cover the unmarried child	75065
until the child attains twenty-eight years of age if all of the	75066
following are true:	75067

(a) The child is the natural child, stepchild, or adopted	75068
child of the insured.	75069

(b) The child is a resident of this state or a full-time	75070
student at an accredited public or private institution of higher	75071
education.	75072

(c) The child is not employed by an employer that offers any	75073
health benefit plan under which the child is eligible for	75074
coverage.	75075

(d) The child is not eligible for ~~coverage under~~ the medicaid	75076
program ~~established under Chapter 5111. of the Revised Code~~ or the	75077
medicare program ~~established under Title XVIII of the "Social~~	75078
~~Security Act," 42 U.S.C. 1395~~.	75079

(2) That attainment of the limiting age for dependent	75080
children shall not operate to terminate the coverage of a	75081
dependent child if the child is and continues to be both of the	75082
following:	75083

(a) Incapable of self-sustaining employment by reason of	75084
mental retardation or physical handicap;	75085

(b) Primarily dependent upon the policyholder or certificate	75086
holder for support and maintenance.	75087

(B) Proof of such incapacity and dependence for purposes of	75088
division (A)(2) of this section shall be furnished by the	75089
policyholder or by the certificate holder to the insurer within	75090
thirty-one days of the child's attainment of the limiting age.	75091
Upon request, but not more frequently than annually after the	75092
two-year period following the child's attainment of the limiting	75093
age, the insurer may require proof satisfactory to it of the	75094
continuance of such incapacity and dependency.	75095

(C) Nothing in this section shall require an insurer to cover	75096
a dependent child who is mentally retarded or physically	75097
handicapped if the contract is underwritten on evidence of	75098
insurability based on health factors set forth in the application,	75099
or if such dependent child does not satisfy the conditions of the	75100
contract as to any requirement for evidence of insurability or	75101
other provision of the contract, satisfaction of which is required	75102
for coverage thereunder to take effect. In any such case, the	75103
terms of the contract shall apply with regard to the coverage or	75104
exclusion of the dependent from such coverage. Nothing in this	75105
section shall apply to accidental death or dismemberment benefits	75106
provided by any such policy of sickness and accident insurance.	75107

(D) Nothing in this section shall do any of the following:

75108

(1) Require that any policy offer coverage for dependent	75109
children or provide coverage for an unmarried dependent child's	75110
children as dependents on the policy;	75111

(2) Require an employer to pay for any part of the premium	75112
for an unmarried dependent child that has attained the limiting	75113
age for dependents, as provided in the policy;	75114

(3) Require an employer to offer health insurance coverage to	75115
the dependents of any employee.	75116

(E) This section does not apply to any policies or	75117
certificates covering only accident, credit, dental, disability	75118
income, long-term care, hospital indemnity, medicare supplement,	75119
specified disease, or vision care; coverage under a	75120
one-time-limited-duration policy of not longer than six months;	75121
coverage issued as a supplement to liability insurance; insurance	75122
arising out of a workers' compensation or similar law; automobile	75123
medical-payment insurance; or insurance under which benefits are	75124
payable with or without regard to fault and that is statutorily	75125
required to be contained in any liability insurance policy or	75126
equivalent self-insurance.	75127

(F) As used in this section, "health benefit plan" has the	75128
same meaning as in section 3924.01 of the Revised Code and also	75129
includes both of the following:	75130

(1) A public employee benefit plan;

75131

(2) A health benefit plan as regulated under the "Employee	75132
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	75133

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	75134
Revised Code, any public employee benefit plan that provides that	75135
coverage of an unmarried dependent child will terminate upon	75136
attainment of the limiting age for dependent children specified in	75137
the plan shall also provide in substance both of the following:	75138

(1) Once an unmarried child has attained the limiting age for	75139
dependent children, as provided in the plan, upon the request of	75140
the employee, the public employee benefit plan shall offer to	75141
cover the unmarried child until the child attains twenty-eight	75142
years of age if all of the following are true:	75143

(a) The child is the natural child, stepchild, or adopted	75144
child of the employee.	75145

(b) The child is a resident of this state or a full-time	75146
student at an accredited public or private institution of higher	75147
education.	75148

(c) The child is not employed by an employer that offers any	75149
health benefit plan under which the child is eligible for	75150
coverage.	75151

(d) The child is not eligible for ~~coverage under~~ the medicaid	75152
program ~~established under Chapter 5111. of the Revised Code~~ or the	75153
medicare program ~~established under Title XVIII of the "Social~~	75154
~~Security Act," 42 U.S.C. 1395~~.	75155

(2) That attainment of the limiting age for dependent	75156
children shall not operate to terminate the coverage of a	75157
dependent child if the child is and continues to be both of the	75158
following:	75159

(a) Incapable of self-sustaining employment by reason of	75160
mental retardation or physical handicap;	75161

(b) Primarily dependent upon the plan member for support and	75162
maintenance.	75163

(B) Proof of incapacity and dependence for purposes of	75164
division (A)(2) of this section shall be furnished to the public	75165
employee benefit plan within thirty-one days of the child's	75166
attainment of the limiting age. Upon request, but not more	75167
frequently than annually, the public employee benefit plan may	75168
require proof satisfactory to it of the continuance of such	75169
incapacity and dependency.	75170

75171

(1) Require that any public employee benefit plan offer	75172
coverage for dependent children or provide coverage for an	75173
unmarried dependent child's children as dependents on the public	75174
employee benefit plan;	75175

(2) Require an employer to pay for any part of the premium	75176
for an unmarried dependent child that has attained the limiting	75177
age for dependents, as provided in the plan;	75178

(3) Require an employer to offer health insurance coverage to	75179
the dependents of any employee.	75180

(D) This section does not apply to any public employee	75181
benefit plan covering only accident, credit, dental, disability	75182
income, long-term care, hospital indemnity, medicare supplement,	75183
specified disease, or vision care; coverage under a	75184
one-time-limited-duration policy of not longer than six months;	75185
coverage issued as a supplement to liability insurance; insurance	75186
arising out of a workers' compensation or similar law; automobile	75187
medical-payment insurance; or insurance under which benefits are	75188
payable with or without regard to fault and which is statutorily	75189
required to be contained in any liability insurance policy or	75190
equivalent self-insurance.	75191

(E) As used in this section, "health benefit plan" has the	75192
same meaning as in section 3924.01 of the Revised Code and also	75193
includes both of the following:	75194

(1) A public employee benefit plan;

75195

(2) A health benefit plan as regulated under the "Employee	75196
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	75197

Sec. 3923.281. (A) As used in this section:

75198

(1) "Biologically based mental illness" means schizophrenia,	75199
schizoaffective disorder, major depressive disorder, bipolar	75200
disorder, paranoia and other psychotic disorders,	75201
obsessive-compulsive disorder, and panic disorder, as these terms	75202
are defined in the most recent edition of the diagnostic and	75203
statistical manual of mental disorders published by the American	75204
psychiatric association.	75205

(2) "Policy of sickness and accident insurance" has the same	75206
meaning as in section 3923.01 of the Revised Code, but excludes	75207
any hospital indemnity, medicare supplement, long-term care,	75208
disability income, one-time-limited-duration policy of not longer	75209
than six months, supplemental benefit, or other policy that	75210
provides coverage for specific diseases or accidents only; any	75211
policy that provides coverage for workers' compensation claims	75212
compensable pursuant to Chapters 4121. and 4123. of the Revised	75213
Code; and any policy that provides coverage to ~~beneficiaries~~	75214
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	75215
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	75216
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	75217
~~of job and family services under Chapter 5111. of the Revised Code~~	75218
recipients.	75219

(B) Notwithstanding section 3901.71 of the Revised Code, and	75220
subject to division (E) of this section, every policy of sickness	75221
and accident insurance shall provide benefits for the diagnosis	75222
and treatment of biologically based mental illnesses on the same	75223
terms and conditions as, and shall provide benefits no less	75224
extensive than, those provided under the policy of sickness and	75225
accident insurance for the treatment and diagnosis of all other	75226
physical diseases and disorders, if both of the following apply:	75227

(1) The biologically based mental illness is clinically	75228
diagnosed by a physician authorized under Chapter 4731. of the	75229
Revised Code to practice medicine and surgery or osteopathic	75230
medicine and surgery; a psychologist licensed under Chapter 4732.	75231
of the Revised Code; a professional clinical counselor,	75232
professional counselor, or independent social worker licensed	75233
under Chapter 4757. of the Revised Code; or a clinical nurse	75234
specialist licensed under Chapter 4723. of the Revised Code whose	75235
nursing specialty is mental health.	75236

(2) The prescribed treatment is not experimental or	75237
investigational, having proven its clinical effectiveness in	75238
accordance with generally accepted medical standards.	75239

(C) Division (B) of this section applies to all coverages and	75240
terms and conditions of the policy of sickness and accident	75241
insurance, including, but not limited to, coverage of inpatient	75242
hospital services, outpatient services, and medication; maximum	75243
lifetime benefits; copayments; and individual and family	75244
deductibles.	75245

(D) Nothing in this section shall be construed as prohibiting	75246
a sickness and accident insurance company from taking any of the	75247
following actions:	75248

(1) Negotiating separately with mental health care providers	75249
with regard to reimbursement rates and the delivery of health care	75250
services;	75251

(2) Offering policies that provide benefits solely for the	75252
diagnosis and treatment of biologically based mental illnesses;	75253

(3) Managing the provision of benefits for the diagnosis or	75254
treatment of biologically based mental illnesses through the use	75255
of pre-admission screening, by requiring beneficiaries to obtain	75256
authorization prior to treatment, or through the use of any other	75257
mechanism designed to limit coverage to that treatment determined	75258
to be necessary;	75259

(4) Enforcing the terms and conditions of a policy of	75260
sickness and accident insurance.	75261

(E) An insurer that offers any policy of sickness and	75262
accident insurance is not required to provide benefits for the	75263
diagnosis and treatment of biologically based mental illnesses	75264
pursuant to division (B) of this section if all of the following	75265
apply:	75266

(1) The insurer submits documentation certified by an	75267
independent member of the American academy of actuaries to the	75268
superintendent of insurance showing that incurred claims for	75269
diagnostic and treatment services for biologically based mental	75270
illnesses for a period of at least six months independently caused	75271
the insurer's costs for claims and administrative expenses for the	75272
coverage of all other physical diseases and disorders to increase	75273
by more than one per cent per year.	75274

(2) The insurer submits a signed letter from an independent	75275
member of the American academy of actuaries to the superintendent	75276
of insurance opining that the increase described in division	75277
(E)(1) of this section could reasonably justify an increase of	75278
more than one per cent in the annual premiums or rates charged by	75279
the insurer for the coverage of all other physical diseases and	75280
disorders.	75281

(3) The superintendent of insurance makes the following	75282
determinations from the documentation and opinion submitted	75283
pursuant to divisions (E)(1) and (2) of this section:	75284

(a) Incurred claims for diagnostic and treatment services for	75285
biologically based mental illnesses for a period of at least six	75286
months independently caused the insurer's costs for claims and	75287
administrative expenses for the coverage of all other physical	75288
diseases and disorders to increase by more than one per cent per	75289
year.	75290

(b) The increase in costs reasonably justifies an increase of	75291
more than one per cent in the annual premiums or rates charged by	75292
the insurer for the coverage of all other physical diseases and	75293
disorders.	75294

Any determination made by the superintendent under this	75295
division is subject to Chapter 119. of the Revised Code.	75296

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	75297
negotiate long-term care insurance on or after September 1, 2008,	75298
without completing an initial eight-hour partnership program	75299
training course as described in division (B) of this section.	75300

(2)(a) Any agent that sells, solicits, or negotiates any	75301
long-term care insurance shall complete at least four hours of	75302
continuing education in every twenty-four-month period commencing	75303
on the first day of January of the year immediately following the	75304
year of the issuance of the agent's license.	75305

(b) No agent shall fail to complete the continuing education	75306
requirements in division (A)(2)(a) of this section in the	75307
twenty-four-month period described in that division.	75308

(B) The initial training course and continuing education	75309
required under division (A) of this section may be approved by the	75310
superintendent of insurance as continuing education courses under	75311
sections 3905.481 to 3905.486 of the Revised Code and shall	75312
consist of combined topics related to long-term care insurance,	75313
long-term care services, and state long-term care insurance	75314
partnership programs, including all of the following:	75315

(1) State and federal regulations and requirements and the	75316
relationship between state long-term care insurance partnership	75317
programs and other public and private coverage of long-term care	75318
services, including medicaid;	75319

(2) Available long-term care services and providers;

75320

(3) Changes or improvements in long-term care services or	75321
providers;	75322

(4) Alternatives to the purchase of private long-term care	75323
insurance;	75324

(5) The effect of inflation on benefits and the importance of	75325
inflation protection;	75326

(6) Consumer suitability standards and guidelines;

75327

(7) Any other topics required by the superintendent.

75328

(C) The initial training and continuing education required by	75329
division (A) of this section shall not include training that is	75330
specific to a particular insurer or company product or that	75331
includes any sales or marketing information, materials, or	75332
training other than those required by state or federal law.	75333

(D) A resident agent shall satisfy the training and	75334
continuing education required by division (A) of this section by	75335
completing long-term care courses that are approved by the	75336
superintendent. A nonresident agent may satisfy the training and	75337
continuing education required by division (A) of this section by	75338
completing the training requirements in any other state, provided	75339
that the course is approved for credit by the insurance department	75340
of that state prior to the agent taking the course.	75341

(E) Each insurer shall obtain records of the initial training	75342
and continuing education completed by agents of that insurer	75343
pursuant to division (A) of this section as well as the training	75344
completed by the insurer's agents concerning the distribution of	75345
the insurer's partnership program policies and shall make those	75346
records available to the superintendent upon request.	75347

(F) Each insurer shall maintain records with respect to the	75348
training of its agents concerning the distribution of the	75349
insurer's partnership program policies. Each insurer shall provide	75350
documentation to the superintendent that will allow the	75351
superintendent to provide assurance to the medicaid director of	75352
~~job and family services~~ that agents have received the training	75353
required by this section and that agents have demonstrated an	75354
understanding of the partnership program policies and their	75355
relationship to public and private coverage of long-term care in	75356
this state, including medicaid. The superintendent may audit each	75357
insurer's records annually to verify that the insurer is	75358
maintaining the records required by this division. The	75359
superintendent shall make the records provided to the	75360
superintendent pursuant to division (E) of this section available	75361
to the director.	75362

Sec. 3923.49. The department of insurance shall establish an	75363
outreach program to educate consumers about the following:	75364

(A) The need for long-term care insurance;

75365

(B) Mechanisms for financing long-term care;

75366

75367

(D) The resource protection provided by the Ohio long-term	75368
care insurance program under section ~~5111.18~~5164.86 of the	75369
Revised Code;	75370

(E) That a consumer who purchased a long-term care insurance	75371
policy that does not meet the requirements of section 3923.50 of	75372
the Revised Code may purchase a policy that meets those	75373
requirements.	75374

The department shall develop and make available to consumers	75375
information to assist them in choosing long-term care insurance	75376
coverage.	75377

Sec. 3923.50. For the purposes of the Ohio long-term care	75378
insurance program established under section ~~5111.18~~5164.86 of the	75379
Revised Code, the department of insurance shall notify the	75380
department of ~~job and family services~~medicaid of all long-term	75381
care insurance policies that meet all of the following	75382
requirements:	75383

(A) Comply with sections 3923.41 to 3923.48 of the Revised	75384
Code and the rules adopted under section 3923.47 of the Revised	75385
Code;	75386

(B) Provide benefits for home and community-based services in	75387
addition to nursing home care;	75388

(C) Include case management services in its coverage of home	75389
and community-based services;	75390

(D) Provide five per cent inflation protection compounded	75391
annually;	75392

(E) Provide for the keeping of records and	75393
explanation-of-benefit reports on insurance payments that count	75394
toward resource exclusion for the ~~medical assistance~~medicaid	75395
program;	75396

(F) Provide the information the medicaid director ~~of job and~~	75397
~~family services~~ determines is necessary to document the extent of	75398
resource exclusion and to evaluate the Ohio long-term care	75399
insurance program;	75400

(G) Comply with other requirements established in rules	75401
adopted under this section.	75402

The superintendent of insurance shall adopt rules in	75403
accordance with Chapter 119. of the Revised Code establishing	75404
requirements under division (G) of this section that policies must	75405
meet to qualify under the Ohio long-term care insurance program.	75406
The superintendent shall consult with the departments of aging and	75407
~~job and family services~~medicaid in adopting those rules.	75408

Sec. 3923.601. (A)(1) This section applies to both of the	75409
following:	75410

(a) A sickness and accident insurer that issues or requires	75411
the use of a standardized identification card or an electronic	75412
technology for submission and routing of prescription drug claims	75413
pursuant to a policy, contract, or agreement for health care	75414
services;	75415

(b) A person that a sickness and accident insurer contracts	75416
with to issue a standardized identification card or an electronic	75417
technology described in division (A)(1)(a) of this section.	75418

(2) Notwithstanding division (A)(1) of this section, this	75419
section does not apply to the issuance or required use of a	75420
standardized identification card or an electronic technology for	75421
the submission and routing of prescription drug claims in	75422
connection with any of the following:	75423

(a) Any individual or group policy of sickness and accident	75424
insurance covering only accident, credit, dental, disability	75425
income, long-term care, hospital indemnity, medicare supplement,	75426
medicare, tricare, specified disease, or vision care; coverage	75427
under a one-time-limited-duration policy of not longer than six	75428
months; coverage issued as a supplement to liability insurance;	75429
insurance arising out of workers' compensation or similar law;	75430
automobile medical payment insurance; or insurance under which	75431
benefits are payable with or without regard to fault and which is	75432
statutorily required to be contained in any liability insurance	75433
policy or equivalent self-insurance.	75434

(b) Coverage provided under the medicaid~~, as defined in~~	75435
~~section 5111.01 of the Revised Code~~program.	75436

(c) Coverage provided under an employer's self-insurance plan	75437
or by any of its administrators, as defined in section 3959.01 of	75438
the Revised Code, to the extent that federal law supersedes,	75439
preempts, prohibits, or otherwise precludes the application of	75440
this section to the plan and its administrators.	75441

(B) A standardized identification card or an electronic	75442
technology issued or required to be used as provided in division	75443
(A)(1) of this section shall contain uniform prescription drug	75444
information in accordance with either division (B)(1) or (2) of	75445
this section.	75446

(1) The standardized identification card or the electronic	75447
technology shall be in a format and contain information fields	75448
approved by the national council for prescription drug programs or	75449
a successor organization, as specified in the council's or	75450
successor organization's pharmacy identification card	75451
implementation guide in effect on the first day of October most	75452
immediately preceding the issuance or required use of the	75453
standardized identification card or the electronic technology.	75454

(2) If the insurer or person under contract with the insurer	75455
to issue a standardized identification card or an electronic	75456
technology requires the information for the submission and routing	75457
of a claim, the standardized identification card or the electronic	75458
technology shall contain any of the following information:	75459

(a) The insurer's name;

75460

(b) The insured's name, group number, and identification	75461
number;	75462

(c) A telephone number to inquire about pharmacy-related	75463
issues;	75464

(d) The issuer's international identification number, labeled	75465
as "ANSI BIN" or "RxBIN";	75466

(e) The processor's control number, labeled as "RxPCN";

75467

(f) The insured's pharmacy benefits group number if different	75468
from the insured's medical group number, labeled as "RxGrp."	75469

(C) If the standardized identification card or the electronic	75470
technology issued or required to be used as provided in division	75471
(A)(1) of this section is also used for submission and routing of	75472
nonpharmacy claims, the designation "Rx" is required to be	75473
included as part of the labels identified in divisions (B)(2)(d)	75474
and (e) of this section if the issuer's international	75475
identification number or the processor's control number is	75476
different for medical and pharmacy claims.	75477

(D) Each sickness and accident insurer described in division	75478
(A) of this section shall annually file a certificate with the	75479
superintendent of insurance certifying that it or any person it	75480
contracts with to issue a standardized identification card or	75481
electronic technology for submission and routing of prescription	75482
drug claims complies with this section.	75483

(E)(1) Except as provided in division (E)(2) of this section,	75484
if there is a change in the information contained in the	75485
standardized identification card or the electronic technology	75486
issued to an insured, the insurer or person under contract with	75487
the insurer to issue a standardized identification card or an	75488
electronic technology shall issue a new card or electronic	75489
technology to the insured.	75490

(2) An insurer or person under contract with the insurer is	75491
not required under division (E)(1) of this section to issue a new	75492
card or electronic technology to an insured more than once during	75493
a twelve-month period.	75494

(F) Nothing in this section shall be construed as requiring	75495
an insurer to produce more than one standardized identification	75496
card or one electronic technology for use by insureds accessing	75497
health care benefits provided under a policy of sickness and	75498
accident insurance.	75499

Sec. 3923.83. (A)(1) This section applies to both of the	75500
following:	75501

(a) A public employee benefit plan that issues or requires	75502
the use of a standardized identification card or an electronic	75503
technology for submission and routing of prescription drug claims	75504
pursuant to a policy, contract, or agreement for health care	75505
services;	75506

(b) A person or entity that a public employee benefit plan	75507
contracts with to issue a standardized identification card or an	75508
electronic technology described in division (A)(1)(a) of this	75509
section.	75510

(2) Notwithstanding division (A)(1) of this section, this	75511
section does not apply to the issuance or required use of a	75512
standardized identification card or an electronic technology for	75513
the submission and routing of prescription drug claims in	75514
connection with either of the following:	75515

(a) Any individual or group policy of insurance covering only	75516
accident, credit, dental, disability income, long-term care,	75517
hospital indemnity, medicare supplement, medicare, tricare,	75518
specified disease, or vision care; coverage under a	75519
one-time-limited-duration policy of not longer than six months;	75520
coverage issued as a supplement to liability insurance; insurance	75521
arising out of workers' compensation or similar law; automobile	75522
medical payment insurance; or insurance under which benefits are	75523
payable with or without regard to fault and which is statutorily	75524
required to be contained in any liability insurance policy or	75525
equivalent self-insurance.	75526

(b) Coverage provided under the medicaid~~, as defined in~~	75527
~~section 5111.01 of the Revised Code~~program.	75528

(B) A standardized identification card or an electronic	75529
technology issued or required to be used as provided in division	75530
(A)(1) of this section shall contain uniform prescription drug	75531
information in accordance with either division (B)(1) or (2) of	75532
this section.	75533

(1) The standardized identification card or the electronic	75534
technology shall be in a format and contain information fields	75535
approved by the national council for prescription drug programs or	75536
a successor organization, as specified in the council's or	75537
successor organization's pharmacy identification card	75538
implementation guide in effect on the first day of October most	75539
immediately preceding the issuance or required use of the	75540
standardized identification card or the electronic technology.	75541

(2) If the public employee benefit plan or person under	75542
contract with the plan to issue a standardized identification card	75543
or an electronic technology requires the information for the	75544
submission and routing of a claim, the standardized identification	75545
card or the electronic technology shall contain any of the	75546
following information:	75547

(a) The plan's name;

75548

(b) The insured's name, group number, and identification	75549
number;	75550

(c) A telephone number to inquire about pharmacy-related	75551
issues;	75552

(d) The issuer's international identification number, labeled	75553
as "ANSI BIN" or "RxBIN";	75554

(e) The processor's control number, labeled as "RxPCN";

75555

(f) The insured's pharmacy benefits group number if different	75556
from the insured's medical group number, labeled as "RxGrp."	75557

(C) If the standardized identification card or the electronic	75558
technology issued or required to be used as provided in division	75559
(A)(1) of this section is also used for submission and routing of	75560
nonpharmacy claims, the designation "Rx" is required to be	75561
included as part of the labels identified in divisions (B)(2)(d)	75562
and (e) of this section if the issuer's international	75563
identification number or the processor's control number is	75564
different for medical and pharmacy claims.	75565

(D)(1) Except as provided in division (D)(2) of this section,	75566
if there is a change in the information contained in the	75567
standardized identification card or the electronic technology	75568
issued to an insured, the public employee benefit plan or person	75569
under contract with the plan to issue a standardized	75570
identification card or electronic technology shall issue a new	75571
card or electronic technology to the insured.	75572

(2) A public employee benefit plan or person under contract	75573
with the plan is not required under division (D)(1) of this	75574
section to issue a new card or electronic technology to an insured	75575
more than once during a twelve-month period.	75576

~~(F)~~(E) Nothing in this section shall be construed as	75577
requiring a public employee benefit plan to produce more than one	75578
standardized identification card or one electronic technology for	75579
use by insureds accessing health care benefits provided under a	75580
health benefit plan.	75581

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	75582
the Revised Code, "health insurer" means any sickness and accident	75583
insurer or health insuring corporation. "Health insurer" also	75584
includes any group health plan as defined in section 607 of the	75585
federal "Employee Retirement Income Security Act of 1974," 88	75586
Stat. 832, 29 U.S.C.A. 1167.	75587

(B) Notwithstanding any other provision of the Revised Code,	75588
no health insurer shall take into consideration the availability	75589
of, or eligibility for, ~~medical assistance~~the medicaid program in	75590
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	75591
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	75592
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	75593
individual's eligibility for coverage or when making payments to	75594
or on behalf of an enrollee, subscriber, policyholder, or	75595
certificate holder.	75596

Sec. 3924.42. No health insurer shall impose requirements on	75597
the department of ~~job and family services~~medicaid, when it has	75598
been assigned the rights of an individual who is eligible for	75599
~~medical assistance under Chapter 5111. of the Revised Code~~	75600
medicaid and who is covered under a health care policy, contract,	75601
or plan issued by the health insurer, that are different from the	75602
requirements applicable to an agent or assignee of any other	75603
individual so covered.	75604

Sec. 3963.01. As used in this chapter:

75605

(A) "Affiliate" means any person or entity that has ownership	75606
or control of a contracting entity, is owned or controlled by a	75607
contracting entity, or is under common ownership or control with a	75608
contracting entity.	75609

(B) "Basic health care services" has the same meaning as in	75610
division (A) of section 1751.01 of the Revised Code, except that	75611
it does not include any services listed in that division that are	75612
provided by a pharmacist or nursing home.	75613

(C) "Contracting entity" means any person that has a primary	75614
business purpose of contracting with participating providers for	75615
the delivery of health care services.	75616

(D) "Credentialing" means the process of assessing and	75617
validating the qualifications of a provider applying to be	75618
approved by a contracting entity to provide basic health care	75619
services, specialty health care services, or supplemental health	75620
care services to enrollees.	75621

(E) "Edit" means adjusting one or more procedure codes billed	75622
by a participating provider on a claim for payment or a practice	75623
that results in any of the following:	75624

(1) Payment for some, but not all of the procedure codes	75625
originally billed by a participating provider;	75626

(2) Payment for a different procedure code than the procedure	75627
code originally billed by a participating provider;	75628

(3) A reduced payment as a result of services provided to an	75629
enrollee that are claimed under more than one procedure code on	75630
the same service date.	75631

(F) "Electronic claims transport" means to accept and	75632
digitize claims or to accept claims already digitized, to place	75633
those claims into a format that complies with the electronic	75634
transaction standards issued by the United States department of	75635
health and human services pursuant to the "Health Insurance	75636
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	75637
U.S.C. 1320d, et seq., as those electronic standards are	75638
applicable to the parties and as those electronic standards are	75639
updated from time to time, and to electronically transmit those	75640
claims to the appropriate contracting entity, payer, or	75641
third-party administrator.	75642

(G) "Enrollee" means any person eligible for health care	75643
benefits under a health benefit plan, including an eligible	75644
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	75645
includes all of the following terms:	75646

(1) "Enrollee" and "subscriber" as defined by section 1751.01	75647
of the Revised Code;	75648

(2) "Member" as defined by section 1739.01 of the Revised	75649
Code;	75650

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	75651
the Revised Code;	75652

(4) "Beneficiary" as defined by section 3901.38 of the	75653
Revised Code.	75654

(H) "Health care contract" means a contract entered into,	75655
materially amended, or renewed between a contracting entity and a	75656
participating provider for the delivery of basic health care	75657
services, specialty health care services, or supplemental health	75658
care services to enrollees.	75659

(I) "Health care services" means basic health care services,	75660
specialty health care services, and supplemental health care	75661
services.	75662

(J) "Material amendment" means an amendment to a health care	75663
contract that decreases the participating provider's payment or	75664
compensation, changes the administrative procedures in a way that	75665
may reasonably be expected to significantly increase the	75666
provider's administrative expenses, or adds a new product. A	75667
material amendment does not include any of the following:	75668

(1) A decrease in payment or compensation resulting solely	75669
from a change in a published fee schedule upon which the payment	75670
or compensation is based and the date of applicability is clearly	75671
identified in the contract;	75672

(2) A decrease in payment or compensation that was	75673
anticipated under the terms of the contract, if the amount and	75674
date of applicability of the decrease is clearly identified in the	75675
contract;	75676

(3) An administrative change that may significantly increase	75677
the provider's administrative expense, the specific applicability	75678
of which is clearly identified in the contract;	75679

(4) Changes to an existing prior authorization,	75680
precertification, notification, or referral program that do not	75681
substantially increase the provider's administrative expense;	75682

(5) Changes to an edit program or to specific edits if the	75683
participating provider is provided notice of the changes pursuant	75684
to division (A)(1) of section 3963.04 of the Revised Code and the	75685
notice includes information sufficient for the provider to	75686
determine the effect of the change;	75687

(6) Changes to a health care contract described in division	75688
(B) of section 3963.04 of the Revised Code.	75689

(K) "Participating provider" means a provider that has a	75690
health care contract with a contracting entity and is entitled to	75691
reimbursement for health care services rendered to an enrollee	75692
under the health care contract.	75693

(L) "Payer" means any person that assumes the financial risk	75694
for the payment of claims under a health care contract or the	75695
reimbursement for health care services provided to enrollees by	75696
participating providers pursuant to a health care contract.	75697

(M) "Primary enrollee" means a person who is responsible for	75698
making payments for participation in a health care plan or an	75699
enrollee whose employment or other status is the basis of	75700
eligibility for enrollment in a health care plan.	75701

(N) "Procedure codes" includes the American medical	75702
association's current procedural terminology code, the American	75703
dental association's current dental terminology, and the centers	75704
for medicare and medicaid services health care common procedure	75705
coding system.	75706

(O) "Product" means one of the following types of categories	75707
of coverage for which a participating provider may be obligated to	75708
provide health care services pursuant to a health care contract:	75709

(1) A health maintenance organization or other product	75710
provided by a health insuring corporation;	75711

(2) A preferred provider organization;

75712

(3) Medicare;

75713

(4) Medicaid;

75714

(5) Workers' compensation.

75715

(P) "Provider" means a physician, podiatrist, dentist,	75716
chiropractor, optometrist, psychologist, physician assistant,	75717
advanced practice registered nurse, occupational therapist,	75718
massage therapist, physical therapist, professional counselor,	75719
professional clinical counselor, hearing aid dealer, orthotist,	75720
prosthetist, home health agency, hospice care program, pediatric	75721
respite care program, or hospital, or a provider organization or	75722
physician-hospital organization that is acting exclusively as an	75723
administrator on behalf of a provider to facilitate the provider's	75724
participation in health care contracts. "Provider" does not mean a	75725
pharmacist, pharmacy, nursing home, or a provider organization or	75726
physician-hospital organization that leases the provider	75727
organization's or physician-hospital organization's network to a	75728
third party or contracts directly with employers or health and	75729
welfare funds.	75730

(Q) "Specialty health care services" has the same meaning as	75731
in section 1751.01 of the Revised Code, except that it does not	75732
include any services listed in division (B) of section 1751.01 of	75733
the Revised Code that are provided by a pharmacist or a nursing	75734
home.	75735

(R) "Supplemental health care services" has the same meaning	75736
as in division (B) of section 1751.01 of the Revised Code, except	75737
that it does not include any services listed in that division that	75738
are provided by a pharmacist or nursing home.	75739

Sec. 3963.04. (A)(1) If an amendment to a health care	75740
contract is not a material amendment, the contracting entity shall	75741
provide the participating provider notice of the amendment at	75742
least fifteen days prior to the effective date of the amendment.	75743
The contracting entity shall provide all other notices to the	75744
participating provider pursuant to the health care contract.	75745

(2) A material amendment to a health care contract shall	75746
occur only if the contracting entity provides to the participating	75747
provider the material amendment in writing and notice of the	75748
material amendment not later than ninety days prior to the	75749
effective date of the material amendment. The notice shall be	75750
conspicuously entitled "Notice of Material Amendment to Contract."	75751

(3) If within fifteen days after receiving the material	75752
amendment and notice described in division (A)(2) of this section,	75753
the participating provider objects in writing to the material	75754
amendment, and there is no resolution of the objection, either	75755
party may terminate the health care contract upon written notice	75756
of termination provided to the other party not later than sixty	75757
days prior to the effective date of the material amendment.	75758

(4) If the participating provider does not object to the	75759
material amendment in the manner described in division (A)(3) of	75760
this section, the material amendment shall be effective as	75761
specified in the notice described in division (A)(2) of this	75762
section.	75763

(B)(1) Division (A) of this section does not apply if the	75764
delay caused by compliance with that division could result in	75765
imminent harm to an enrollee, if the material amendment of a	75766
health care contract is required by state or federal law, rule, or	75767
regulation, or if the provider affirmatively accepts the material	75768
amendment in writing and agrees to an earlier effective date than	75769
otherwise required by division (A)(2) of this section.	75770

(2) This section does not apply under any of the following	75771
circumstances:	75772

(a) The participating provider's payment or compensation is	75773
based on the current medicaid or medicare physician fee schedule,	75774
and the change in payment or compensation results solely from a	75775
change in that physician fee schedule.	75776

(b) A routine change or update of the health care contract is	75777
made in response to any addition, deletion, or revision of any	75778
service code, procedure code, or reporting code, or a pricing	75779
change is made by any third party source.	75780

For purposes of division (B)(2)(b) of this section:

75781

(i) "Service code, procedure code, or reporting code" means	75782
the current procedural terminology (CPT), current dental	75783
terminology (CDT), the healthcare common procedure coding system	75784
(HCPCS), the international classification of diseases (ICD), or	75785
the drug topics redbook average wholesale price (AWP).	75786

(ii) "Third party source" means the American medical	75787
association, American dental association, the centers for medicare	75788
and medicaid services, the national center for health statistics,	75789
the department of health and human services office of the	75790
inspector general, the Ohio department of insurance, or the Ohio	75791
department of ~~job and family services~~medicaid.	75792

(C) Notwithstanding divisions (A) and (B) of this section, a	75793
health care contract may be amended by operation of law as	75794
required by any applicable state or federal law, rule, or	75795
regulation. Nothing in this section shall be construed to require	75796
the renegotiation of a health care contract that is in existence	75797
before ~~the effective date of this section~~June 25, 2008, until the	75798
time that the contract is renewed or materially amended.	75799

Sec. 4104.33. There is hereby created the historical boilers	75800
licensing board consisting of seven members, three of whom shall	75801
be appointed by the governor with the advice and consent of the	75802
senate. The governor shall make initial appointments to the board	75803
within ninety days after October 24, 2002. Of the initial members	75804
appointed by the governor, one shall be for a term ending three	75805
years after October 24, 2002, one shall be for a term ending four	75806
years after October 24, 2002, and one shall be for a term ending	75807
five years after October 24, 2002. Thereafter, terms of office	75808
shall be for five years, each term ending on the same day of the	75809
same month of the year as did the term that it succeeds. Of the	75810
three members the governor appoints, one member shall be an	75811
employee of the division of boiler inspection in the department of	75812
commerce; one member shall be an independent mechanical engineer	75813
who is not involved in selling or inspecting historical boilers;	75814
and one shall be an active member of an association that	75815
represents managers of fairs or festivals.	75816

Two members of the board shall be appointed by the president	75817
of the senate and two members of the board shall be appointed by	75818
the speaker of the house of representatives. The president and	75819
speaker shall make initial appointments to the board within ninety	75820
days after October 24, 2002. Of the initial members appointed by	75821
the president, one shall be for a term ending four years after	75822
October 24, 2002 and one shall be for a term ending five years	75823
after October 24, 2002. Of the initial members appointed by the	75824
speaker, one shall be for a term ending three years after October	75825
24, 2002 and one shall be for a term ending five years after	75826
October 24, 2002. Thereafter, terms of office shall be for five	75827
years, each term ending on the same day of the same month of the	75828
year as did the term that it succeeds. Of the four members	75829
appointed by the president and speaker, each shall own a	75830
historical boiler and also have at least ten years of experience	75831
in the operation of historical boilers, and each of these four	75832
members shall reside in a different region of the state.	75833

Each member shall hold office from the date of the member's	75834
appointment until the end of the term for which the member was	75835
appointed. Members may be reappointed. Vacancies shall be filled	75836
~~in the manner provided for initial appointments~~by the director of	75837
commerce, and shall not require the advice and consent of the	75838
senate. Any member appointed to fill a vacancy occurring prior to	75839
the expiration date of the term for which the member's predecessor	75840
was appointed shall hold office as a member for the remainder of	75841
that term. A member shall continue in office subsequent to the	75842
expiration date of the member's term until the successor takes	75843
office or until a period of sixty days has elapsed, whichever	75844
occurs first.	75845

The members of the board, annually, shall elect, by majority	75846
vote, a chairperson from among their members. The board shall meet	75847
at least once annually and at other times at the call of the	75848
chairperson. Board members shall receive their actual and	75849
necessary expenses incurred in the discharge of their duties as	75850
board members.	75851

The superintendent of industrial compliance shall furnish	75852
office space, staff, and supplies to the board as the	75853
superintendent determines are necessary for the board to carry out	75854
its official duties under sections 4104.33 to 4104.37 of the	75855
Revised Code.	75856

Sec. 4112.02. It shall be an unlawful discriminatory	75857
practice:	75858

(A) For any employer, because of the race, color, religion,	75859
sex, military status, national origin, disability, age, or	75860
ancestry of any person, to discharge without just cause, to refuse	75861
to hire, or otherwise to discriminate against that person with	75862
respect to hire, tenure, terms, conditions, or privileges of	75863
employment, or any matter directly or indirectly related to	75864
employment.	75865

(B) For an employment agency or personnel placement service,	75866
because of race, color, religion, sex, military status, national	75867
origin, disability, age, or ancestry, to do any of the following:	75868

(1) Refuse or fail to accept, register, classify properly, or	75869
refer for employment, or otherwise discriminate against any	75870
person;	75871

(2) Comply with a request from an employer for referral of	75872
applicants for employment if the request directly or indirectly	75873
indicates that the employer fails to comply with the provisions of	75874
sections 4112.01 to 4112.07 of the Revised Code.	75875

75876

(1) Limit or classify its membership on the basis of race,	75877
color, religion, sex, military status, national origin,	75878
disability, age, or ancestry;	75879

(2) Discriminate against, limit the employment opportunities	75880
of, or otherwise adversely affect the employment status, wages,	75881
hours, or employment conditions of any person as an employee	75882
because of race, color, religion, sex, military status, national	75883
origin, disability, age, or ancestry.	75884

(D) For any employer, labor organization, or joint	75885
labor-management committee controlling apprentice training	75886
programs to discriminate against any person because of race,	75887
color, religion, sex, military status, national origin,	75888
disability, or ancestry in admission to, or employment in, any	75889
program established to provide apprentice training.	75890

(E) Except where based on a bona fide occupational	75891
qualification certified in advance by the commission, for any	75892
employer, employment agency, personnel placement service, or labor	75893
organization, prior to employment or admission to membership, to	75894
do any of the following:	75895

(1) Elicit or attempt to elicit any information concerning	75896
the race, color, religion, sex, military status, national origin,	75897
disability, age, or ancestry of an applicant for employment or	75898
membership;	75899

(2) Make or keep a record of the race, color, religion, sex,	75900
military status, national origin, disability, age, or ancestry of	75901
any applicant for employment or membership;	75902

(3) Use any form of application for employment, or personnel	75903
or membership blank, seeking to elicit information regarding race,	75904
color, religion, sex, military status, national origin,	75905
disability, age, or ancestry; but an employer holding a contract	75906
containing a nondiscrimination clause with the government of the	75907
United States, or any department or agency of that government, may	75908
require an employee or applicant for employment to furnish	75909
documentary proof of United States citizenship and may retain that	75910
proof in the employer's personnel records and may use photographic	75911
or fingerprint identification for security purposes;	75912

(4) Print or publish or cause to be printed or published any	75913
notice or advertisement relating to employment or membership	75914
indicating any preference, limitation, specification, or	75915
discrimination, based upon race, color, religion, sex, military	75916
status, national origin, disability, age, or ancestry;	75917

(5) Announce or follow a policy of denying or limiting,	75918
through a quota system or otherwise, employment or membership	75919
opportunities of any group because of the race, color, religion,	75920
sex, military status, national origin, disability, age, or	75921
ancestry of that group;	75922

(6) Utilize in the recruitment or hiring of persons any	75923
employment agency, personnel placement service, training school or	75924
center, labor organization, or any other employee-referring source	75925
known to discriminate against persons because of their race,	75926
color, religion, sex, military status, national origin,	75927
disability, age, or ancestry.	75928

(F) For any person seeking employment to publish or cause to	75929
be published any advertisement that specifies or in any manner	75930
indicates that person's race, color, religion, sex, military	75931
status, national origin, disability, age, or ancestry, or	75932
expresses a limitation or preference as to the race, color,	75933
religion, sex, military status, national origin, disability, age,	75934
or ancestry of any prospective employer.	75935

(G) For any proprietor or any employee, keeper, or manager of	75936
a place of public accommodation to deny to any person, except for	75937
reasons applicable alike to all persons regardless of race, color,	75938
religion, sex, military status, national origin, disability, age,	75939
or ancestry, the full enjoyment of the accommodations, advantages,	75940
facilities, or privileges of the place of public accommodation.	75941

(H) For any person to do any of the following:

75942

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	75943
or finance housing accommodations, refuse to negotiate for the	75944
sale or rental of housing accommodations, or otherwise deny or	75945
make unavailable housing accommodations because of race, color,	75946
religion, sex, military status, familial status, ancestry,	75947
disability, or national origin;	75948

(2) Represent to any person that housing accommodations are	75949
not available for inspection, sale, or rental, when in fact they	75950
are available, because of race, color, religion, sex, military	75951
status, familial status, ancestry, disability, or national origin;	75952

(3) Discriminate against any person in the making or	75953
purchasing of loans or the provision of other financial assistance	75954
for the acquisition, construction, rehabilitation, repair, or	75955
maintenance of housing accommodations, or any person in the making	75956
or purchasing of loans or the provision of other financial	75957
assistance that is secured by residential real estate, because of	75958
race, color, religion, sex, military status, familial status,	75959
ancestry, disability, or national origin or because of the racial	75960
composition of the neighborhood in which the housing	75961
accommodations are located, provided that the person, whether an	75962
individual, corporation, or association of any type, lends money	75963
as one of the principal aspects or incident to the person's	75964
principal business and not only as a part of the purchase price of	75965
an owner-occupied residence the person is selling nor merely	75966
casually or occasionally to a relative or friend;	75967

(4) Discriminate against any person in the terms or	75968
conditions of selling, transferring, assigning, renting, leasing,	75969
or subleasing any housing accommodations or in furnishing	75970
facilities, services, or privileges in connection with the	75971
ownership, occupancy, or use of any housing accommodations,	75972
including the sale of fire, extended coverage, or homeowners	75973
insurance, because of race, color, religion, sex, military status,	75974
familial status, ancestry, disability, or national origin or	75975
because of the racial composition of the neighborhood in which the	75976
housing accommodations are located;	75977

(5) Discriminate against any person in the terms or	75978
conditions of any loan of money, whether or not secured by	75979
mortgage or otherwise, for the acquisition, construction,	75980
rehabilitation, repair, or maintenance of housing accommodations	75981
because of race, color, religion, sex, military status, familial	75982
status, ancestry, disability, or national origin or because of the	75983
racial composition of the neighborhood in which the housing	75984
accommodations are located;	75985

(6) Refuse to consider without prejudice the combined income	75986
of both husband and wife for the purpose of extending mortgage	75987
credit to a married couple or either member of a married couple;	75988

(7) Print, publish, or circulate any statement or	75989
advertisement, or make or cause to be made any statement or	75990
advertisement, relating to the sale, transfer, assignment, rental,	75991
lease, sublease, or acquisition of any housing accommodations, or	75992
relating to the loan of money, whether or not secured by mortgage	75993
or otherwise, for the acquisition, construction, rehabilitation,	75994
repair, or maintenance of housing accommodations, that indicates	75995
any preference, limitation, specification, or discrimination based	75996
upon race, color, religion, sex, military status, familial status,	75997
ancestry, disability, or national origin, or an intention to make	75998
any such preference, limitation, specification, or discrimination;	75999

(8) Except as otherwise provided in division (H)(8) or (17)	76000
of this section, make any inquiry, elicit any information, make or	76001
keep any record, or use any form of application containing	76002
questions or entries concerning race, color, religion, sex,	76003
military status, familial status, ancestry, disability, or	76004
national origin in connection with the sale or lease of any	76005
housing accommodations or the loan of any money, whether or not	76006
secured by mortgage or otherwise, for the acquisition,	76007
construction, rehabilitation, repair, or maintenance of housing	76008
accommodations. Any person may make inquiries, and make and keep	76009
records, concerning race, color, religion, sex, military status,	76010
familial status, ancestry, disability, or national origin for the	76011
purpose of monitoring compliance with this chapter.	76012

(9) Include in any transfer, rental, or lease of housing	76013
accommodations any restrictive covenant, or honor or exercise, or	76014
attempt to honor or exercise, any restrictive covenant;	76015

(10) Induce or solicit, or attempt to induce or solicit, a	76016
housing accommodations listing, sale, or transaction by	76017
representing that a change has occurred or may occur with respect	76018
to the racial, religious, sexual, military status, familial	76019
status, or ethnic composition of the block, neighborhood, or other	76020
area in which the housing accommodations are located, or induce or	76021
solicit, or attempt to induce or solicit, a housing accommodations	76022
listing, sale, or transaction by representing that the presence or	76023
anticipated presence of persons of any race, color, religion, sex,	76024
military status, familial status, ancestry, disability, or	76025
national origin, in the block, neighborhood, or other area will or	76026
may have results including, but not limited to, the following:	76027

(a) The lowering of property values;

76028

(b) A change in the racial, religious, sexual, military	76029
status, familial status, or ethnic composition of the block,	76030
neighborhood, or other area;	76031

(c) An increase in criminal or antisocial behavior in the	76032
block, neighborhood, or other area;	76033

(d) A decline in the quality of the schools serving the	76034
block, neighborhood, or other area.	76035

(11) Deny any person access to or membership or participation	76036
in any multiple-listing service, real estate brokers'	76037
organization, or other service, organization, or facility relating	76038
to the business of selling or renting housing accommodations, or	76039
discriminate against any person in the terms or conditions of that	76040
access, membership, or participation, on account of race, color,	76041
religion, sex, military status, familial status, national origin,	76042
disability, or ancestry;	76043

(12) Coerce, intimidate, threaten, or interfere with any	76044
person in the exercise or enjoyment of, or on account of that	76045
person's having exercised or enjoyed or having aided or encouraged	76046
any other person in the exercise or enjoyment of, any right	76047
granted or protected by division (H) of this section;	76048

(13) Discourage or attempt to discourage the purchase by a	76049
prospective purchaser of housing accommodations, by representing	76050
that any block, neighborhood, or other area has undergone or might	76051
undergo a change with respect to its religious, racial, sexual,	76052
military status, familial status, or ethnic composition;	76053

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	76054
or finance, or otherwise deny or withhold, a burial lot from any	76055
person because of the race, color, sex, military status, familial	76056
status, age, ancestry, disability, or national origin of any	76057
prospective owner or user of the lot;	76058

(15) Discriminate in the sale or rental of, or otherwise make	76059
unavailable or deny, housing accommodations to any buyer or renter	76060
because of a disability of any of the following:	76061

(a) The buyer or renter;

76062

(b) A person residing in or intending to reside in the	76063
housing accommodations after they are sold, rented, or made	76064
available;	76065

(c) Any individual associated with the person described in	76066
division (H)(15)(b) of this section.	76067

(16) Discriminate in the terms, conditions, or privileges of	76068
the sale or rental of housing accommodations to any person or in	76069
the provision of services or facilities to any person in	76070
connection with the housing accommodations because of a disability	76071
of any of the following:	76072

(a) That person;

76073

(b) A person residing in or intending to reside in the	76074
housing accommodations after they are sold, rented, or made	76075
available;	76076

(c) Any individual associated with the person described in	76077
division (H)(16)(b) of this section.	76078

(17) Except as otherwise provided in division (H)(17) of this	76079
section, make an inquiry to determine whether an applicant for the	76080
sale or rental of housing accommodations, a person residing in or	76081
intending to reside in the housing accommodations after they are	76082
sold, rented, or made available, or any individual associated with	76083
that person has a disability, or make an inquiry to determine the	76084
nature or severity of a disability of the applicant or such a	76085
person or individual. The following inquiries may be made of all	76086
applicants for the sale or rental of housing accommodations,	76087
regardless of whether they have disabilities:	76088

(a) An inquiry into an applicant's ability to meet the	76089
requirements of ownership or tenancy;	76090

(b) An inquiry to determine whether an applicant is qualified	76091
for housing accommodations available only to persons with	76092
disabilities or persons with a particular type of disability;	76093

(c) An inquiry to determine whether an applicant is qualified	76094
for a priority available to persons with disabilities or persons	76095
with a particular type of disability;	76096

(d) An inquiry to determine whether an applicant currently	76097
uses a controlled substance in violation of section 2925.11 of the	76098
Revised Code or a substantively comparable municipal ordinance;	76099

(e) An inquiry to determine whether an applicant at any time	76100
has been convicted of or pleaded guilty to any offense, an element	76101
of which is the illegal sale, offer to sell, cultivation,	76102
manufacture, other production, shipment, transportation, delivery,	76103
or other distribution of a controlled substance.	76104

(18)(a) Refuse to permit, at the expense of a person with a	76105
disability, reasonable modifications of existing housing	76106
accommodations that are occupied or to be occupied by the person	76107
with a disability, if the modifications may be necessary to afford	76108
the person with a disability full enjoyment of the housing	76109
accommodations. This division does not preclude a landlord of	76110
housing accommodations that are rented or to be rented to a	76111
disabled tenant from conditioning permission for a proposed	76112
modification upon the disabled tenant's doing one or more of the	76113
following:	76114

(i) Providing a reasonable description of the proposed	76115
modification and reasonable assurances that the proposed	76116
modification will be made in a workerlike manner and that any	76117
required building permits will be obtained prior to the	76118
commencement of the proposed modification;	76119

(ii) Agreeing to restore at the end of the tenancy the	76120
interior of the housing accommodations to the condition they were	76121
in prior to the proposed modification, but subject to reasonable	76122
wear and tear during the period of occupancy, if it is reasonable	76123
for the landlord to condition permission for the proposed	76124
modification upon the agreement;	76125

(iii) Paying into an interest-bearing escrow account that is	76126
in the landlord's name, over a reasonable period of time, a	76127
reasonable amount of money not to exceed the projected costs at	76128
the end of the tenancy of the restoration of the interior of the	76129
housing accommodations to the condition they were in prior to the	76130
proposed modification, but subject to reasonable wear and tear	76131
during the period of occupancy, if the landlord finds the account	76132
reasonably necessary to ensure the availability of funds for the	76133
restoration work. The interest earned in connection with an escrow	76134
account described in this division shall accrue to the benefit of	76135
the disabled tenant who makes payments into the account.	76136

(b) A landlord shall not condition permission for a proposed	76137
modification upon a disabled tenant's payment of a security	76138
deposit that exceeds the customarily required security deposit of	76139
all tenants of the particular housing accommodations.	76140

(19) Refuse to make reasonable accommodations in rules,	76141
policies, practices, or services when necessary to afford a person	76142
with a disability equal opportunity to use and enjoy a dwelling	76143
unit, including associated public and common use areas;	76144

(20) Fail to comply with the standards and rules adopted	76145
under division (A) of section 3781.111 of the Revised Code;	76146

(21) Discriminate against any person in the selling,	76147
brokering, or appraising of real property because of race, color,	76148
religion, sex, military status, familial status, ancestry,	76149
disability, or national origin;	76150

(22) Fail to design and construct covered multifamily	76151
dwellings for first occupancy on or after June 30, 1992, in	76152
accordance with the following conditions:	76153

(a) The dwellings shall have at least one building entrance	76154
on an accessible route, unless it is impractical to do so because	76155
of the terrain or unusual characteristics of the site.	76156

(b) With respect to dwellings that have a building entrance	76157
on an accessible route, all of the following apply:	76158

(i) The public use areas and common use areas of the	76159
dwellings shall be readily accessible to and usable by persons	76160
with a disability.	76161

(ii) All the doors designed to allow passage into and within	76162
all premises shall be sufficiently wide to allow passage by	76163
persons with a disability who are in wheelchairs.	76164

(iii) All premises within covered multifamily dwelling units	76165
shall contain an accessible route into and through the dwelling;	76166
all light switches, electrical outlets, thermostats, and other	76167
environmental controls within such units shall be in accessible	76168
locations; the bathroom walls within such units shall contain	76169
reinforcements to allow later installation of grab bars; and the	76170
kitchens and bathrooms within such units shall be designed and	76171
constructed in a manner that enables an individual in a wheelchair	76172
to maneuver about such rooms.	76173

For purposes of division (H)(22) of this section, "covered	76174
multifamily dwellings" means buildings consisting of four or more	76175
units if such buildings have one or more elevators and ground	76176
floor units in other buildings consisting of four or more units.	76177

(I) For any person to discriminate in any manner against any	76178
other person because that person has opposed any unlawful	76179
discriminatory practice defined in this section or because that	76180
person has made a charge, testified, assisted, or participated in	76181
any manner in any investigation, proceeding, or hearing under	76182
sections 4112.01 to 4112.07 of the Revised Code.	76183

(J) For any person to aid, abet, incite, compel, or coerce	76184
the doing of any act declared by this section to be an unlawful	76185
discriminatory practice, to obstruct or prevent any person from	76186
complying with this chapter or any order issued under it, or to	76187
attempt directly or indirectly to commit any act declared by this	76188
section to be an unlawful discriminatory practice.	76189

(K)(1) Nothing in division (H) of this section shall bar any	76190
religious or denominational institution or organization, or any	76191
nonprofit charitable or educational organization that is operated,	76192
supervised, or controlled by or in connection with a religious	76193
organization, from limiting the sale, rental, or occupancy of	76194
housing accommodations that it owns or operates for other than a	76195
commercial purpose to persons of the same religion, or from giving	76196
preference in the sale, rental, or occupancy of such housing	76197
accommodations to persons of the same religion, unless membership	76198
in the religion is restricted on account of race, color, or	76199
national origin.	76200

(2) Nothing in division (H) of this section shall bar any	76201
bona fide private or fraternal organization that, incidental to	76202
its primary purpose, owns or operates lodgings for other than a	76203
commercial purpose, from limiting the rental or occupancy of the	76204
lodgings to its members or from giving preference to its members.	76205

(3) Nothing in division (H) of this section limits the	76206
applicability of any reasonable local, state, or federal	76207
restrictions regarding the maximum number of occupants permitted	76208
to occupy housing accommodations. Nothing in that division	76209
prohibits the owners or managers of housing accommodations from	76210
implementing reasonable occupancy standards based on the number	76211
and size of sleeping areas or bedrooms and the overall size of a	76212
dwelling unit, provided that the standards are not implemented to	76213
circumvent the purposes of this chapter and are formulated,	76214
implemented, and interpreted in a manner consistent with this	76215
chapter and any applicable local, state, or federal restrictions	76216
regarding the maximum number of occupants permitted to occupy	76217
housing accommodations.	76218

(4) Nothing in division (H) of this section requires that	76219
housing accommodations be made available to an individual whose	76220
tenancy would constitute a direct threat to the health or safety	76221
of other individuals or whose tenancy would result in substantial	76222
physical damage to the property of others.	76223

(5) Nothing in division (H) of this section pertaining to	76224
discrimination on the basis of familial status shall be construed	76225
to apply to any of the following:	76226

(a) Housing accommodations provided under any state or	76227
federal program that have been determined under the "Fair Housing	76228
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	76229
amended, to be specifically designed and operated to assist	76230
elderly persons;	76231

(b) Housing accommodations intended for and solely occupied	76232
by persons who are sixty-two years of age or older;	76233

(c) Housing accommodations intended and operated for	76234
occupancy by at least one person who is fifty-five years of age or	76235
older per unit, as determined under the "Fair Housing Amendments	76236
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	76237

(L) Nothing in divisions (A) to (E) of this section shall be	76238
construed to require a person with a disability to be employed or	76239
trained under circumstances that would significantly increase the	76240
occupational hazards affecting either the person with a	76241
disability, other employees, the general public, or the facilities	76242
in which the work is to be performed, or to require the employment	76243
or training of a person with a disability in a job that requires	76244
the person with a disability routinely to undertake any task, the	76245
performance of which is substantially and inherently impaired by	76246
the person's disability.	76247

(M) Nothing in divisions (H)(1) to (18) of this section shall	76248
be construed to require any person selling or renting property to	76249
modify the property in any way or to exercise a higher degree of	76250
care for a person with a disability, to relieve any person with a	76251
disability of any obligation generally imposed on all persons	76252
regardless of disability in a written lease, rental agreement, or	76253
contract of purchase or sale, or to forbid distinctions based on	76254
the inability to fulfill the terms and conditions, including	76255
financial obligations, of the lease, agreement, or contract.	76256

(N) An aggrieved individual may enforce the individual's	76257
rights relative to discrimination on the basis of age as provided	76258
for in this section by instituting a civil action, within one	76259
hundred eighty days after the alleged unlawful discriminatory	76260
practice occurred, in any court with jurisdiction for any legal or	76261
equitable relief that will effectuate the individual's rights.	76262

A person who files a civil action under this division is	76263
barred, with respect to the practices complained of, from	76264
instituting a civil action under section 4112.14 of the Revised	76265
Code and from filing a charge with the commission under section	76266
4112.05 of the Revised Code.	76267

(O) With regard to age, it shall not be an unlawful	76268
discriminatory practice and it shall not constitute a violation of	76269
division (A) of section 4112.14 of the Revised Code for any	76270
employer, employment agency, joint labor-management committee	76271
controlling apprenticeship training programs, or labor	76272
organization to do any of the following:	76273

(1) Establish bona fide employment qualifications reasonably	76274
related to the particular business or occupation that may include	76275
standards for skill, aptitude, physical capability, intelligence,	76276
education, maturation, and experience;	76277

(2) Observe the terms of a bona fide seniority system or any	76278
bona fide employee benefit plan, including, but not limited to, a	76279
retirement, pension, or insurance plan, that is not a subterfuge	76280
to evade the purposes of this section. However, no such employee	76281
benefit plan shall excuse the failure to hire any individual, and	76282
no such seniority system or employee benefit plan shall require or	76283
permit the involuntary retirement of any individual, because of	76284
the individual's age except as provided for in the "Age	76285
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	76286
29 U.S.C.A. 623, as amended by the "Age Discrimination in	76287
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	76288
623, as amended.	76289

(3) Retire an employee who has attained sixty-five years of	76290
age who, for the two-year period immediately before retirement, is	76291
employed in a bona fide executive or a high policymaking position,	76292
if the employee is entitled to an immediate nonforfeitable annual	76293
retirement benefit from a pension, profit-sharing, savings, or	76294
deferred compensation plan, or any combination of those plans, of	76295
the employer of the employee, which equals, in the aggregate, at	76296
least forty-four thousand dollars, in accordance with the	76297
conditions of the "Age Discrimination in Employment Act Amendment	76298
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	76299
Discrimination in Employment Act Amendments of 1986," 100 Stat.	76300
3342, 29 U.S.C.A. 631, as amended;	76301

(4) Observe the terms of any bona fide apprenticeship program	76302
if the program is registered with the Ohio apprenticeship council	76303
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	76304
approved by the federal committee on apprenticeship of the United	76305
States department of labor.	76306

(P) Nothing in this chapter prohibiting age discrimination	76307
and nothing in division (A) of section 4112.14 of the Revised Code	76308
shall be construed to prohibit the following:	76309

(1) The designation of uniform age the attainment of which is	76310
necessary for public employees to receive pension or other	76311
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	76312
or 5505. of the Revised Code;	76313

(2) The mandatory retirement of uniformed patrol officers of	76314
the state highway patrol as provided in section 5505.16 of the	76315
Revised Code;	76316

(3) The maximum age requirements for appointment as a patrol	76317
officer in the state highway patrol established by section 5503.01	76318
of the Revised Code;	76319

(4) The maximum age requirements established for original	76320
appointment to a police department or fire department in sections	76321
124.41 and 124.42 of the Revised Code;	76322

(5) Any maximum age not in conflict with federal law that may	76323
be established by a municipal charter, municipal ordinance, or	76324
resolution of a board of township trustees for original	76325
appointment as a police officer or firefighter;	76326

(6) Any mandatory retirement provision not in conflict with	76327
federal law of a municipal charter, municipal ordinance, or	76328
resolution of a board of township trustees pertaining to police	76329
officers and firefighters;	76330

(7) Until January 1, 1994, the mandatory retirement of any	76331
employee who has attained seventy years of age and who is serving	76332
under a contract of unlimited tenure, or similar arrangement	76333
providing for unlimited tenure, at an institution of higher	76334
education as defined in the "Education Amendments of 1980," 94	76335
Stat. 1503, 20 U.S.C.A. 1141(a).	76336

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	76337
section, for purposes of divisions (A) to (E) of this section, a	76338
disability does not include any physiological disorder or	76339
condition, mental or psychological disorder, or disease or	76340
condition caused by an illegal use of any controlled substance by	76341
an employee, applicant, or other person, if an employer,	76342
employment agency, personnel placement service, labor	76343
organization, or joint labor-management committee acts on the	76344
basis of that illegal use.	76345

(b) Division (Q)(1)(a) of this section does not apply to an	76346
employee, applicant, or other person who satisfies any of the	76347
following:	76348

(i) The employee, applicant, or other person has successfully	76349
completed a supervised drug rehabilitation program and no longer	76350
is engaging in the illegal use of any controlled substance, or the	76351
employee, applicant, or other person otherwise successfully has	76352
been rehabilitated and no longer is engaging in that illegal use.	76353

(ii) The employee, applicant, or other person is	76354
participating in a supervised drug rehabilitation program and no	76355
longer is engaging in the illegal use of any controlled substance.	76356

(iii) The employee, applicant, or other person is erroneously	76357
regarded as engaging in the illegal use of any controlled	76358
substance, but the employee, applicant, or other person is not	76359
engaging in that illegal use.	76360

(2) Divisions (A) to (E) of this section do not prohibit an	76361
employer, employment agency, personnel placement service, labor	76362
organization, or joint labor-management committee from doing any	76363
of the following:	76364

(a) Adopting or administering reasonable policies or	76365
procedures, including, but not limited to, testing for the illegal	76366
use of any controlled substance, that are designed to ensure that	76367
an individual described in division (Q)(1)(b)(i) or (ii) of this	76368
section no longer is engaging in the illegal use of any controlled	76369
substance;	76370

(b) Prohibiting the illegal use of controlled substances and	76371
the use of alcohol at the workplace by all employees;	76372

(c) Requiring that employees not be under the influence of	76373
alcohol or not be engaged in the illegal use of any controlled	76374
substance at the workplace;	76375

(d) Requiring that employees behave in conformance with the	76376
requirements established under "The Drug-Free Workplace Act of	76377
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	76378

(e) Holding an employee who engages in the illegal use of any	76379
controlled substance or who is an alcoholic to the same	76380
qualification standards for employment or job performance, and the	76381
same behavior, to which the employer, employment agency, personnel	76382
placement service, labor organization, or joint labor-management	76383
committee holds other employees, even if any unsatisfactory	76384
performance or behavior is related to an employee's illegal use of	76385
a controlled substance or alcoholism;	76386

(f) Exercising other authority recognized in the "Americans	76387
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	76388
as amended, including, but not limited to, requiring employees to	76389
comply with any applicable federal standards.	76390

(3) For purposes of this chapter, a test to determine the	76391
illegal use of any controlled substance does not include a medical	76392
examination.	76393

(4) Division (Q) of this section does not encourage,	76394
prohibit, or authorize, and shall not be construed as encouraging,	76395
prohibiting, or authorizing, the conduct of testing for the	76396
illegal use of any controlled substance by employees, applicants,	76397
or other persons, or the making of employment decisions based on	76398
the results of that type of testing.	76399

(R) This section does not apply to a religious corporation,	76400
association, educational institution, or society with respect to	76401
the employment of an individual of a particular religion to	76402
perform work connected with the carrying on by that religious	76403
corporation, association, educational institution, or society of	76404
its activities.	76405

The unlawful discriminatory practices defined in this section	76406
do not make it unlawful for a person or an appointing authority	76407
administering an examination under section 124.23 of the Revised	76408
Code to obtain information about an applicant's military status	76409
for the purpose of determining if the applicant is eligible for	76410
the additional credit that is available under that section.	76411

Sec. 4112.12. (A) There is hereby created the commission on	76412
African-American males, which shall consist of not more than	76413
twenty-five members as follows: the directors or their designees	76414
of the departments of health, development, ~~alcohol and drug~~	76415
~~addiction services~~mental health and addiction services, and job	76416
and family services; the equal employment opportunity officer of	76417
the department of administrative services or the equal employment	76418
opportunity officer's designee; the executive director or the	76419
executive director's designee of the Ohio civil rights commission;	76420
the executive director or the executive director's designee of the	76421
division of criminal justice services in the department of public	76422
safety; the superintendent of public instruction; the chancellor	76423
or the chancellor's designee of the Ohio board of regents; two	76424
members of the house of representatives appointed by the speaker	76425
of the house of representatives each of whom shall be members of	76426
different political parties; and two members of the senate	76427
appointed by the president of the senate each of whom shall be	76428
members of different political parties. The members who are	76429
members of the general assembly shall be nonvoting members. The	76430
Ohio state university African American and African studies	76431
community extension center, in consultation with the governor,	76432
shall appoint four members from the private corporate sector, at	76433
least four members from the public sector, and two members from	76434
the nonprofit sector.	76435

(B) Terms of office shall be for three years, except that	76436
members of the general assembly appointed to the commission shall	76437
be members only so long as they are members of the general	76438
assembly. Each term ends on the same day of the same month as did	76439
the term that it succeeds. Each member shall hold office from the	76440
date of appointment until the end of the term for which the member	76441
was appointed. Members may be reappointed. Vacancies shall be	76442
filled in the manner provided for original appointments. Any	76443
member appointed to fill a vacancy occurring prior to the	76444
expiration date of the term for which the member's predecessor was	76445
appointed shall hold office as a member for the remainder of that	76446
term. A member shall continue in office subsequent to the	76447
expiration date of the member's term until the member's successor	76448
takes office or until a period of sixty days has elapsed,	76449
whichever occurs first.	76450

The commission annually shall elect a chairperson from among	76451
its members.	76452

(C) Members of the commission and members of subcommittees	76453
appointed under division (B) of section 4112.13 of the Revised	76454
Code shall not be compensated, but shall be reimbursed for their	76455
necessary and actual expenses incurred in the performance of their	76456
official duties.	76457

(D) The Ohio state university African American and African	76458
studies community extension center, in consultation with the	76459
governor, shall appoint an executive director of the commission on	76460
African-American males, who shall be in the unclassified civil	76461
service. The executive director shall supervise the commission's	76462
activities and report to the commission and to the Ohio state	76463
university African American and African studies community	76464
extension center on the progress of those activities. The	76465
executive director shall do all things necessary for the efficient	76466
and effective implementation of the duties of the commission.	76467

The responsibilities assigned to the executive director do	76468
not relieve the members of the commission from final	76469
responsibility for the proper performance of the requirements of	76470
this division.	76471

(E) The commission on African-American males shall do all of	76472
the following:	76473

(1) Employ, promote, supervise, and remove all employees, as	76474
needed, in connection with the performance of its duties under	76475
this section;	76476

(2) Maintain its office in Columbus;

76477

(3) Acquire facilities, equipment, and supplies necessary to	76478
house the commission, its employees, and files and records under	76479
its control, and to discharge any duty imposed upon it by law. The	76480
expense of these acquisitions shall be audited and paid for in the	76481
same manner as other state expenses.	76482

(4) Establish the overall policy and management of the	76483
commission in accordance with this chapter;	76484

(5) Follow all state procurement requirements;

76485

(6) Implement the policies and plans of the Ohio state	76486
university African American and African studies community	76487
extension center as those policies and plans are formulated and	76488
adopted by the Ohio state university African American and African	76489
studies community extension center;	76490

(7) Report to the Ohio state university African American and	76491
African studies community extension center on the progress of the	76492
commission on African-American males in implementing the policies	76493
and plans of the Ohio state university African American and	76494
African studies community extension center.	76495

(F) The commission on African-American males may:

76496

(1) Hold sessions at any place within the state, except that	76497
the commission on African-American males shall meet at least	76498
quarterly;	76499

(2) Establish, change, or abolish positions, and assign and	76500
reassign duties and responsibilities of any employee of the	76501
commission on African-American males as necessary to achieve the	76502
most efficient performance of its functions.	76503

(G) The Ohio state university African American and African	76504
studies community extension center shall establish the overall	76505
policy and management of the commission on African-American males	76506
and shall direct, manage, and oversee the commission. The Ohio	76507
state university African American and African studies community	76508
extension center shall develop overall policies and plans, and the	76509
commission on African-American males shall implement those	76510
policies and plans. The commission on African-American males,	76511
through its executive director, shall keep the Ohio state	76512
university African American and African studies community	76513
extension center informed as to the activities of the commission	76514
on African-American males in such manner and at such times as the	76515
Ohio state university African American and African studies	76516
community extension center shall determine.	76517

The Ohio state university African American and African	76518
studies community extension center may prescribe duties and	76519
responsibilities of the commission on African-American males in	76520
addition to those prescribed in section 4112.13 of the Revised	76521
Code.	76522

(H) The Ohio state university African American and African	76523
studies community extension center annually shall contract for a	76524
report on the status of African Americans in this state. Issues to	76525
be evaluated in the report shall include the criminal justice	76526
system, education, employment, health care, and housing, and such	76527
other issues as the Ohio state university African American and	76528
African studies community extension center may specify. The report	76529
shall include policy recommendations relating to the issues	76530
covered in the report.	76531

Sec. 4112.31. The new African immigrants commission shall do	76532
all of the following:	76533

(A) Gather and disseminate information and conduct hearings,	76534
conferences, investigations, and special studies on problems and	76535
programs concerning sub-Saharan African people;	76536

(B) Secure appropriate recognition of the accomplishments and	76537
contributions of sub-Saharan African people to this state;	76538

(C) Stimulate public awareness of the problems of sub-Saharan	76539
African people by conducting a program of public education;	76540

(D) Develop, coordinate, and assist other public and private	76541
organizations that serve sub-Saharan African people, including the	76542
conducting of training programs for community leadership and	76543
service project staff;	76544

(E) Advise the governor, general assembly, and state	76545
departments and agencies of the nature, magnitude, and priorities	76546
of the problems of sub-Saharan African people;	76547

(F) Advise the governor, general assembly, and state	76548
departments and agencies on, and assist in the development and	76549
implementation of, comprehensive and coordinated policies,	76550
programs, and procedures focusing on the special problems and	76551
needs of sub-Saharan African people, especially in the fields of	76552
education, employment, energy, health, housing, welfare, and	76553
recreation;	76554

(G) Propose new programs concerning sub-Saharan African	76555
people to public and private agencies and evaluate for such	76556
agencies existing programs or prospective legislation concerning	76557
sub-Saharan African people;	76558

(H) Review and approve grants to be made from federal, state,	76559
or private funds that are administered or subcontracted by the	76560
commission;	76561

(I) Prepare, review, and approve an annual report;

76562

(J) Serve as a clearinghouse to review and comment on all	76563
proposals to meet the needs of sub-Saharan African people that are	76564
submitted to it by public and private agencies;	76565

(K) Apply for and accept grants and gifts from governmental	76566
and private sources to be administered by the commission or	76567
subcontracted to local agencies;	76568

(L) Monitor and evaluate all programs subcontracted to local	76569
agencies by the commission;	76570

(M) Endeavor to assure that sub-Saharan African people have	76571
access to decision-making bodies in all state and local	76572
governmental departments and agencies;	76573

(N) Establish advisory committees on special subjects as	76574
needed to facilitate and maximize community participation in the	76575
operation of the commission;	76576

(O) Establish with state and local governments and private	76577
business and industry relationships that promote and assure equal	76578
opportunity for sub-Saharan African people in government,	76579
education, and employment.	76580

(P) Create an interagency council consisting of the following	76581
persons or their authorized representatives: one member of the	76582
senate appointed by the president of the senate; one member of the	76583
house of representatives appointed by the speaker of the house of	76584
representatives; the directors of administrative services,	76585
agriculture, education, development services, health, highway	76586
safety, job and family services, liquor control, ~~mental health~~	76587
mental health and addiction services, ~~mental retardation~~ and	76588
developmental disabilities, natural resources, rehabilitation and	76589
correction, youth services, transportation, environmental	76590
protection, and budget and management; the chairperson of the Ohio	76591
civil rights commission, the ~~administrators~~administrator of the	76592
bureau of workers' compensation ~~and~~, the ~~rehabilitation services~~	76593
~~commission~~executive director of the opportunities for Ohioans	76594
with disabilities agency, and an additional member of the	76595
governor's cabinet appointed by the governor. The new African	76596
immigrants commission, by rule, may designate other state officers	76597
or their representatives to be members of the council. The	76598
director of the commission shall be the chairperson of the	76599
council.	76600

The interagency council shall provide and coordinate the	76601
exchange of information relative to the needs of sub-Saharan	76602
African people and promote the delivery of state services to such	76603
people. The council shall meet at the call of the chairperson.	76604

Advisory committees shall be composed of persons representing	76605
community organizations and charitable institutions, public	76606
officials, and such other persons as the commission determines.	76607

Sec. 4115.034. On January 1, 1996, and the first day of	76608
January of every even-numbered year thereafter, the director of	76609
commerce shall adjust the threshold levels for which public	76610
improvement projects are subject to sections 4115.03 to 4115.16 of	76611
the Revised Code as set forth in divisions (B)(3) and (4) of	76612
section 4115.03 of the Revised Code. The director shall adjust	76613
those amounts according to the average increase or decrease for	76614
each of the two years immediately preceding the adjustment as set	76615
forth in ~~the United States department of commerce, bureau of the~~	76616
~~census implicit price deflator for~~the construction cost index	76617
published by the engineering news-record or, should that index	76618
cease to be published, a similar recognized industry index chosen	76619
by the director, provided that no increase or decrease for any	76620
year shall exceed three per cent of the threshold level in	76621
existence at the time of the adjustment.	76622

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	76623
Code, there is hereby created the state committee for the purchase	76624
of products and services provided by persons with severe	76625
disabilities. The committee shall be composed ex officio of the	76626
following persons, or their designees:	76627

(1) The directors of administrative services, ~~mental health~~	76628
mental health and addiction services, developmental disabilities,	76629
transportation, natural resources, and commerce;	76630

(2) The ~~administrators~~administrator of the ~~rehabilitation~~	76631
~~services commission and the~~ bureau of workers' compensation and	76632
the executive director of the opportunities for Ohioans with	76633
disabilities agency;	76634

(3) The secretary of state;

76635

(4) One representative of a purchasing department of a	76636
political subdivision who is designated by the governor.	76637

The governor shall appoint two representatives of a qualified	76638
nonprofit agency for persons with severe disabilities, and a	76639
person with a severe disability to the committee.	76640

(B) Within thirty days after September 29, 1995, the governor	76641
shall appoint the representatives of a qualified nonprofit agency	76642
for persons with severe disabilities to the committee for a term	76643
ending August 31, 1996. Thereafter, terms for such representatives	76644
are for three years, each term ending on the same day of the same	76645
month of the year as did the term that it succeeds. Each committee	76646
member shall serve from the date of the member's appointment until	76647
the end of the term for which the member was appointed. Vacancies	76648
shall be filled in the same manner provided for original	76649
appointments. Any member appointed to fill a vacancy occurring	76650
prior to the expiration date of the term for which the member's	76651
predecessor was appointed shall serve as a member for the	76652
remainder of that term. A member shall serve subsequent to the	76653
expiration of the member's term and shall continue to serve until	76654
the member's successor takes office.	76655

(C) Members of the committee shall serve without	76656
compensation. Except as otherwise provided in divisions (C)(1) and	76657
(2) of this section, members shall be reimbursed for actual and	76658
necessary expenses, including travel expenses, incurred while away	76659
from their homes or regular places of business and incurred while	76660
performing services for the committee.	76661

(1) The members listed in divisions (A)(1) to (3) of this	76662
section, or their designees, shall not be reimbursed for any	76663
expenses.	76664

(2) No member of the committee who is entitled to receive	76665
reimbursement for the performance of services for the committee	76666
from another agency or entity shall receive reimbursement from the	76667
committee.	76668

(D) The committee shall elect from among its members a	76669
chairperson. The committee may request from any agency of the	76670
state, political subdivision, or instrumentality of the state any	76671
information necessary to enable it to carry out the intent of	76672
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	76673
the committee, the agency, subdivision, or instrumentality shall	76674
furnish the information to the chairperson of the committee.	76675

(E) The committee shall not later than one hundred eighty	76676
days following the close of each fiscal year transmit to the	76677
governor, the general assembly, and each qualified nonprofit	76678
agency for persons with severe disabilities a report that includes	76679
the names of the committee members serving during the preceding	76680
fiscal year, the dates of committee meetings in that year, and any	76681
recommendations for changes in sections 4115.31 to 4115.35 of the	76682
Revised Code that the committee determines are necessary.	76683

(F) The director of administrative services shall designate a	76684
subordinate to act as executive director of the committee and	76685
shall furnish other staff and clerical assistance, office space,	76686
and supplies required by the committee.	76687

Sec. 4117.06. (A) The state employment relations board shall	76688
decide in each case the unit appropriate for the purposes of	76689
collective bargaining. The determination is final and conclusive	76690
and not appealable to the court.	76691

(B) The board shall determine the appropriateness of each	76692
bargaining unit and shall consider among other relevant factors:	76693
the desires of the employees; the community of interest; wages,	76694
hours, and other working conditions of the public employees; the	76695
effect of over-fragmentation; the efficiency of operations of the	76696
public employer; the administrative structure of the public	76697
employer; and the history of collective bargaining.	76698

(C) The board may determine a unit to be the appropriate unit	76699
in a particular case, even though some other unit might also be	76700
appropriate.	76701

(D) In addition, in determining the appropriate unit, the	76702
board shall not:	76703

(1) Decide that any unit is appropriate if the unit includes	76704
both professional and nonprofessional employees, unless a majority	76705
of the professional employees and a majority of the	76706
nonprofessional employees first vote for inclusion in the unit;	76707

(2) Include guards or correction officers at correctional or	76708
mental institutions, special police officers appointed in	76709
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	76710
Revised Code, psychiatric attendants employed at mental health	76711
forensic facilities, youth leaders employed at juvenile correction	76712
facilities, or any public employee employed as a guard to enforce	76713
against other employees rules to protect property of the employer	76714
or to protect the safety of persons on the employer's premises in	76715
a unit with other employees;	76716

(3) Include members of a police or fire department or members	76717
of the state highway patrol in a unit with other classifications	76718
of public employees of the department;	76719

(4) Designate as appropriate a bargaining unit that contains	76720
more than one institution of higher education; nor shall it within	76721
any such institution of higher education designate as appropriate	76722
a unit where such designation would be inconsistent with the	76723
accreditation standards or interpretations of such standards,	76724
governing such institution of higher education or any department,	76725
school, or college thereof. For the purposes of this division, any	76726
branch or regional campus of a public institution of higher	76727
education is part of that institution of higher education.	76728

(5) Designate as appropriate a bargaining unit that contains	76729
employees within the jurisdiction of more than one elected county	76730
office holder, unless the county-elected office holder and the	76731
board of county commissioners agree to such other designation;	76732

(6) With respect to members of a police department, designate	76733
as appropriate a unit that includes rank and file members of the	76734
department with members who are of the rank of sergeant or above;	76735

(7) Except as otherwise provided by division (A)(3) of	76736
section 3314.10 or division (B) of section 3326.18 of the Revised	76737
Code, designate as appropriate a bargaining unit that contains	76738
employees from multiple community schools established under	76739
Chapter 3314. or multiple science, technology, engineering, and	76740
mathematics schools established under Chapter 3326. of the Revised	76741
Code. For purposes of this division, more than one unit may be	76742
designated within a single community school or science,	76743
technology, engineering, and mathematics school.	76744

This section shall not be deemed to prohibit multiunit	76745
bargaining.	76746

Sec. 4117.14. (A) The procedures contained in this section	76747
govern the settlement of disputes between an exclusive	76748
representative and a public employer concerning the termination or	76749
modification of an existing collective bargaining agreement or	76750
negotiation of a successor agreement, or the negotiation of an	76751
initial collective bargaining agreement.	76752

(B)(1) In those cases where there exists a collective	76753
bargaining agreement, any public employer or exclusive	76754
representative desiring to terminate, modify, or negotiate a	76755
successor collective bargaining agreement shall:	76756

(a) Serve written notice upon the other party of the proposed	76757
termination, modification, or successor agreement. The party must	76758
serve the notice not less than sixty days prior to the expiration	76759
date of the existing agreement or, in the event the existing	76760
collective bargaining agreement does not contain an expiration	76761
date, not less than sixty days prior to the time it is proposed to	76762
make the termination or modifications or to make effective a	76763
successor agreement.	76764

(b) Offer to bargain collectively with the other party for	76765
the purpose of modifying or terminating any existing agreement or	76766
negotiating a successor agreement;	76767

(c) Notify the state employment relations board of the offer	76768
by serving upon the board a copy of the written notice to the	76769
other party and a copy of the existing collective bargaining	76770
agreement.	76771

(2) In the case of initial negotiations between a public	76772
employer and an exclusive representative, where a collective	76773
bargaining agreement has not been in effect between the parties,	76774
any party may serve notice upon the board and the other party	76775
setting forth the names and addresses of the parties and offering	76776
to meet, for a period of ninety days, with the other party for the	76777
purpose of negotiating a collective bargaining agreement.	76778

If the settlement procedures specified in divisions (B), (C),	76779
and (D) of this section govern the parties, where those procedures	76780
refer to the expiration of a collective bargaining agreement, it	76781
means the expiration of the sixty-day period to negotiate a	76782
collective bargaining agreement referred to in this subdivision,	76783
or in the case of initial negotiations, it means the ninety-day	76784
period referred to in this subdivision.	76785

(3) The parties shall continue in full force and effect all	76786
the terms and conditions of any existing collective bargaining	76787
agreement, without resort to strike or lock-out, for a period of	76788
sixty days after the party gives notice or until the expiration	76789
date of the collective bargaining agreement, whichever occurs	76790
later, or for a period of ninety days where applicable.	76791

(4) Upon receipt of the notice, the parties shall enter into	76792
collective bargaining.	76793

(C) In the event the parties are unable to reach an	76794
agreement, they may submit, at any time prior to forty-five days	76795
before the expiration date of the collective bargaining agreement,	76796
the issues in dispute to any mutually agreed upon dispute	76797
settlement procedure which supersedes the procedures contained in	76798
this section.	76799

(1) The procedures may include:

76800

(a) Conventional arbitration of all unsettled issues;

76801

(b) Arbitration confined to a choice between the last offer	76802
of each party to the agreement as a single package;	76803

(c) Arbitration confined to a choice of the last offer of	76804
each party to the agreement on each issue submitted;	76805

(d) The procedures described in division (C)(1)(a), (b), or	76806
(c) of this section and including among the choices for the	76807
arbitrator, the recommendations of the fact finder, if there are	76808
recommendations, either as a single package or on each issue	76809
submitted;	76810

(e) Settlement by a citizens' conciliation council composed	76811
of three residents within the jurisdiction of the public employer.	76812
The public employer shall select one member and the exclusive	76813
representative shall select one member. The two members selected	76814
shall select the third member who shall chair the council. If the	76815
two members cannot agree upon a third member within five days	76816
after their appointments, the board shall appoint the third	76817
member. Once appointed, the council shall make a final settlement	76818
of the issues submitted to it pursuant to division (G) of this	76819
section.	76820

(f) Any other dispute settlement procedure mutually agreed to	76821
by the parties.	76822

(2) If, fifty days before the expiration date of the	76823
collective bargaining agreement, the parties are unable to reach	76824
an agreement, any party may request the state employment relations	76825
board to intervene. The request shall set forth the names and	76826
addresses of the parties, the issues involved, and, if applicable,	76827
the expiration date of any agreement.	76828

The board shall intervene and investigate the dispute to	76829
determine whether the parties have engaged in collective	76830
bargaining.	76831

If an impasse exists or forty-five days before the expiration	76832
date of the collective bargaining agreement if one exists, the	76833
board shall appoint a mediator to assist the parties in the	76834
collective bargaining process.	76835

(3) Any time after the appointment of a mediator, either	76836
party may request the appointment of a fact-finding panel. Within	76837
fifteen days after receipt of a request for a fact-finding panel,	76838
the board shall appoint a fact-finding panel of not more than	76839
three members who have been selected by the parties in accordance	76840
with rules established by the board, from a list of qualified	76841
persons maintained by the board.	76842

(a) The fact-finding panel shall, in accordance with rules	76843
and procedures established by the board that include the	76844
regulation of costs and expenses of fact-finding, gather facts and	76845
make recommendations for the resolution of the matter. The board	76846
shall by its rules require each party to specify in writing the	76847
unresolved issues and its position on each issue to the	76848
fact-finding panel. The fact-finding panel shall make final	76849
recommendations as to all the unresolved issues.	76850

(b) The board may continue mediation, order the parties to	76851
engage in collective bargaining until the expiration date of the	76852
agreement, or both.	76853

(4) The following guidelines apply to fact-finding:

76854

(a) The fact-finding panel may establish times and place of	76855
hearings which shall be, where feasible, in the jurisdiction of	76856
the state.	76857

(b) The fact-finding panel shall conduct the hearing pursuant	76858
to rules established by the board.	76859

(c) Upon request of the fact-finding panel, the board shall	76860
issue subpoenas for hearings conducted by the panel.	76861

(d) The fact-finding panel may administer oaths.

76862

(e) The board shall prescribe guidelines for the fact-finding	76863
panel to follow in making findings. In making its recommendations,	76864
the fact-finding panel shall take into consideration the factors	76865
listed in divisions (G)(7)(a) to (f) of this section.	76866

(f) The fact-finding panel may attempt mediation at any time	76867
during the fact-finding process. From the time of appointment	76868
until the fact-finding panel makes a final recommendation, it	76869
shall not discuss the recommendations for settlement of the	76870
dispute with parties other than the direct parties to the dispute.	76871

(5) The fact-finding panel, acting by a majority of its	76872
members, shall transmit its findings of fact and recommendations	76873
on the unresolved issues to the public employer and employee	76874
organization involved and to the board no later than fourteen days	76875
after the appointment of the fact-finding panel, unless the	76876
parties mutually agree to an extension. The parties shall share	76877
the cost of the fact-finding panel in a manner agreed to by the	76878
parties.	76879

(6)(a) Not later than seven days after the findings and	76880
recommendations are sent, the legislative body, by a three-fifths	76881
vote of its total membership, and in the case of the public	76882
employee organization, the membership, by a three-fifths vote of	76883
the total membership, may reject the recommendations; if neither	76884
rejects the recommendations, the recommendations shall be deemed	76885
agreed upon as the final resolution of the issues submitted and a	76886
collective bargaining agreement shall be executed between the	76887
parties, including the fact-finding panel's recommendations,	76888
except as otherwise modified by the parties by mutual agreement.	76889
If either the legislative body or the public employee organization	76890
rejects the recommendations, the board shall publicize the	76891
findings of fact and recommendations of the fact-finding panel.	76892
The board shall adopt rules governing the procedures and methods	76893
for public employees to vote on the recommendations of the	76894
fact-finding panel.	76895

(b) As used in division (C)(6)(a) of this section,	76896
"legislative body" means the controlling board when the state or	76897
any of its agencies, authorities, commissions, boards, or other	76898
branch of public employment is party to the fact-finding process.	76899

(D) If the parties are unable to reach agreement within seven	76900
days after the publication of findings and recommendations from	76901
the fact-finding panel or the collective bargaining agreement, if	76902
one exists, has expired, then the:	76903

(1) Public employees, who are members of a police or fire	76904
department, members of the state highway patrol, deputy sheriffs,	76905
dispatchers employed by a police, fire, or sheriff's department or	76906
the state highway patrol or civilian dispatchers employed by a	76907
public employer other than a police, fire, or sheriff's department	76908
to dispatch police, fire, sheriff's department, or emergency	76909
medical or rescue personnel and units, an exclusive nurse's unit,	76910
employees of the state school for the deaf or the state school for	76911
the blind, employees of any public employee retirement system,	76912
corrections officers, guards at penal or mental institutions,	76913
special police officers appointed in accordance with sections	76914
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	76915
attendants employed at mental health forensic facilities, youth	76916
leaders employed at juvenile correctional facilities, or members	76917
of a law enforcement security force that is established and	76918
maintained exclusively by a board of county commissioners and	76919
whose members are employed by that board, shall submit the matter	76920
to a final offer settlement procedure pursuant to a board order	76921
issued forthwith to the parties to settle by a conciliator	76922
selected by the parties. The parties shall request from the board	76923
a list of five qualified conciliators and the parties shall select	76924
a single conciliator from the list by alternate striking of names.	76925
If the parties cannot agree upon a conciliator within five days	76926
after the board order, the board shall on the sixth day after its	76927
order appoint a conciliator from a list of qualified persons	76928
maintained by the board or shall request a list of qualified	76929
conciliators from the American arbitration association and appoint	76930
therefrom.	76931

(2) Public employees other than those listed in division	76932
(D)(1) of this section have the right to strike under Chapter	76933
4117. of the Revised Code provided that the employee organization	76934
representing the employees has given a ten-day prior written	76935
notice of an intent to strike to the public employer and to the	76936
board, and further provided that the strike is for full,	76937
consecutive work days and the beginning date of the strike is at	76938
least ten work days after the ending date of the most recent prior	76939
strike involving the same bargaining unit; however, the board, at	76940
its discretion, may attempt mediation at any time.	76941

(E) Nothing in this section shall be construed to prohibit	76942
the parties, at any time, from voluntarily agreeing to submit any	76943
or all of the issues in dispute to any other alternative dispute	76944
settlement procedure. An agreement or statutory requirement to	76945
arbitrate or to settle a dispute pursuant to a final offer	76946
settlement procedure and the award issued in accordance with the	76947
agreement or statutory requirement is enforceable in the same	76948
manner as specified in division (B) of section 4117.09 of the	76949
Revised Code.	76950

(F) Nothing in this section shall be construed to prohibit a	76951
party from seeking enforcement of a collective bargaining	76952
agreement or a conciliator's award as specified in division (B) of	76953
section 4117.09 of the Revised Code.	76954

(G) The following guidelines apply to final offer settlement	76955
proceedings under division (D)(1) of this section:	76956

(1) The parties shall submit to final offer settlement those	76957
issues that are subject to collective bargaining as provided by	76958
section 4117.08 of the Revised Code and upon which the parties	76959
have not reached agreement and other matters mutually agreed to by	76960
the public employer and the exclusive representative; except that	76961
the conciliator may attempt mediation at any time.	76962

(2) The conciliator shall hold a hearing within thirty days	76963
of the board's order to submit to a final offer settlement	76964
procedure, or as soon thereafter as is practicable.	76965

(3) The conciliator shall conduct the hearing pursuant to	76966
rules developed by the board. The conciliator shall establish the	76967
hearing time and place, but it shall be, where feasible, within	76968
the jurisdiction of the state. Not later than five calendar days	76969
before the hearing, each of the parties shall submit to the	76970
conciliator, to the opposing party, and to the board, a written	76971
report summarizing the unresolved issues, the party's final offer	76972
as to the issues, and the rationale for that position.	76973

(4) Upon the request by the conciliator, the board shall	76974
issue subpoenas for the hearing.	76975

(5) The conciliator may administer oaths.

76976

(6) The conciliator shall hear testimony from the parties and	76977
provide for a written record to be made of all statements at the	76978
hearing. The board shall submit for inclusion in the record and	76979
for consideration by the conciliator the written report and	76980
recommendation of the fact-finders.	76981

(7) After hearing, the conciliator shall resolve the dispute	76982
between the parties by selecting, on an issue-by-issue basis, from	76983
between each of the party's final settlement offers, taking into	76984
consideration the following:	76985

(a) Past collectively bargained agreements, if any, between	76986
the parties;	76987

(b) Comparison of the issues submitted to final offer	76988
settlement relative to the employees in the bargaining unit	76989
involved with those issues related to other public and private	76990
employees doing comparable work, giving consideration to factors	76991
peculiar to the area and classification involved;	76992

(c) The interests and welfare of the public, the ability of	76993
the public employer to finance and administer the issues proposed,	76994
and the effect of the adjustments on the normal standard of public	76995
service;	76996

(d) The lawful authority of the public employer;

76997

(e) The stipulations of the parties;

76998

(f) Such other factors, not confined to those listed in this	76999
section, which are normally or traditionally taken into	77000
consideration in the determination of the issues submitted to	77001
final offer settlement through voluntary collective bargaining,	77002
mediation, fact-finding, or other impasse resolution procedures in	77003
the public service or in private employment.	77004

(8) Final offer settlement awards made under Chapter 4117. of	77005
the Revised Code are subject to Chapter 2711. of the Revised Code.	77006

(9) If more than one conciliator is used, the determination	77007
must be by majority vote.	77008

(10) The conciliator shall make written findings of fact and	77009
promulgate a written opinion and order upon the issues presented	77010
to the conciliator, and upon the record made before the	77011
conciliator and shall mail or otherwise deliver a true copy	77012
thereof to the parties and the board.	77013

(11) Increases in rates of compensation and other matters	77014
with cost implications awarded by the conciliator may be effective	77015
only at the start of the fiscal year next commencing after the	77016
date of the final offer settlement award; provided that if a new	77017
fiscal year has commenced since the issuance of the board order to	77018
submit to a final offer settlement procedure, the awarded	77019
increases may be retroactive to the commencement of the new fiscal	77020
year. The parties may, at any time, amend or modify a	77021
conciliator's award or order by mutual agreement.	77022

(12) The parties shall bear equally the cost of the final	77023
offer settlement procedure.	77024

(13) Conciliators appointed pursuant to this section shall be	77025
residents of the state.	77026

(H) All final offer settlement awards and orders of the	77027
conciliator made pursuant to Chapter 4117. of the Revised Code are	77028
subject to review by the court of common pleas having jurisdiction	77029
over the public employer as provided in Chapter 2711. of the	77030
Revised Code. If the public employer is located in more than one	77031
court of common pleas district, the court of common pleas in which	77032
the principal office of the chief executive is located has	77033
jurisdiction.	77034

(I) The issuance of a final offer settlement award	77035
constitutes a binding mandate to the public employer and the	77036
exclusive representative to take whatever actions are necessary to	77037
implement the award.	77038

Sec. 4117.15. (A) Whenever a strike by members of a police	77039
or fire department, members of the state highway patrol, deputy	77040
sheriffs, dispatchers employed by a police, fire, or sheriff's	77041
department or the state highway patrol or civilian dispatchers	77042
employed by a public employer other than a police, fire, or	77043
sheriff's department to dispatch police, fire, sheriff's	77044
department, or emergency medical or rescue personnel and units, an	77045
exclusive nurse's unit, employees of the state school for the deaf	77046
or the state school for the blind, employees of any public	77047
employee retirement system, correction officers, guards at penal	77048
or mental institutions, or special police officers appointed in	77049
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	77050
Revised Code, psychiatric attendants employed at mental health	77051
forensic facilities, youth leaders employed at juvenile	77052
correctional facilities, or members of a law enforcement security	77053
force that is established and maintained exclusively by a board of	77054
county commissioners and whose members are employed by that board,	77055
a strike by other public employees during the pendency of the	77056
settlement procedures set forth in section 4117.14 of the Revised	77057
Code, or a strike during the term or extended term of a collective	77058
bargaining agreement occurs, the public employer may seek an	77059
injunction against the strike in the court of common pleas of the	77060
county in which the strike is located.	77061

(B) An unfair labor practice by a public employer is not a	77062
defense to the injunction proceeding noted in division (A) of this	77063
section. Allegations of unfair labor practices during the	77064
settlement procedures set forth in section 4117.14 of the Revised	77065
Code shall receive priority by the state employment relations	77066
board.	77067

(C) No public employee is entitled to pay or compensation	77068
from the public employer for the period engaged in any strike.	77069

Sec. 4121.44. (A) The administrator of workers' compensation	77070
shall oversee the implementation of the Ohio workers' compensation	77071
qualified health plan system as established under section 4121.442	77072
of the Revised Code.	77073

(B) The administrator shall direct the implementation of the	77074
health partnership program administered by the bureau as set forth	77075
in section 4121.441 of the Revised Code. To implement the health	77076
partnership program and to ensure the efficiency and effectiveness	77077
of the public services provided through the program, the bureau:	77078

(1) Shall certify one or more external vendors, which shall	77079
be known as "managed care organizations," to provide medical	77080
management and cost containment services in the health partnership	77081
program for a period of two years beginning on the date of	77082
certification, consistent with the standards established under	77083
this section;	77084

(2) May recertify ~~external vendors~~managed care organizations	77085
for additional periods of two years; and	77086

(3) May integrate the certified ~~vendors~~managed care	77087
organizations with bureau staff and existing bureau services for	77088
purposes of operation and training to allow the bureau to assume	77089
operation of the health partnership program at the conclusion of	77090
the certification periods set forth in division (B)(1) or (2) of	77091
this section;	77092

(4) May enter into a contract with any managed care	77093
organization that is certified by the bureau, pursuant to division	77094
(B)(1) or (2) of this section, to provide medical management and	77095
cost containment services in the health partnership program.	77096

(C) A contract entered into pursuant to division (B)(4) of	77097
this section shall include both of the following:	77098

(1) Incentives that may be awarded by the administrator, at	77099
the administrator's discretion, based on compliance and	77100
performance of the managed care organization;	77101

(2) Penalties that may be imposed by the administrator, at	77102
the administrator's discretion, based on the failure of the	77103
managed care organization to reasonably comply with or perform	77104
terms of the contract, which may include termination of the	77105
contract.	77106

(D) Notwithstanding section 119.061 of the Revised Code, a	77107
contract entered into pursuant to division (B)(4) of this section	77108
may include provisions limiting, restricting, or regulating any	77109
marketing or advertising by the managed care organization, or by	77110
any individual or entity that is affiliated with or acting on	77111
behalf of the managed care organization, under the health	77112
partnership program.	77113

(E) No managed care organization shall receive compensation	77114
under the health partnership program unless the managed care	77115
organization has entered into a contract with the bureau pursuant	77116
to division (B)(4) of this section.	77117

(F) Any ~~vendor~~managed care organization selected shall	77118
demonstrate all of the following:	77119

(1) Arrangements and reimbursement agreements with a	77120
substantial number of the medical, professional and pharmacy	77121
providers currently being utilized by claimants.	77122

(2) Ability to accept a common format of medical bill data in	77123
an electronic fashion from any provider who wishes to submit	77124
medical bill data in that form.	77125

(3) A computer system able to handle the volume of medical	77126
bills and willingness to customize that system to the bureau's	77127
needs and to be operated by the ~~vendor's~~managed care	77128
organization's staff, bureau staff, or some combination of both	77129
staffs.	77130

(4) A prescription drug system where pharmacies on a	77131
statewide basis have access to the eligibility and pricing, at a	77132
discounted rate, of all prescription drugs.	77133

(5) A tracking system to record all telephone calls from	77134
claimants and providers regarding the status of submitted medical	77135
bills so as to be able to track each inquiry.	77136

(6) Data processing capacity to absorb all of the bureau's	77137
medical bill processing or at least that part of the processing	77138
which the bureau arranges to delegate.	77139

(7) Capacity to store, retrieve, array, simulate, and model	77140
in a relational mode all of the detailed medical bill data so that	77141
analysis can be performed in a variety of ways and so that the	77142
bureau and its governing authority can make informed decisions.	77143

(8) Wide variety of software programs which translate medical	77144
terminology into standard codes, and which reveal if a provider is	77145
manipulating the procedures codes, commonly called "unbundling."	77146

(9) Necessary professional staff to conduct, at a minimum,	77147
authorizations for treatment, medical necessity, utilization	77148
review, concurrent review, post-utilization review, and have the	77149
attendant computer system which supports such activity and	77150
measures the outcomes and the savings.	77151

(10) Management experience and flexibility to be able to	77152
react quickly to the needs of the bureau in the case of required	77153
change in federal or state requirements.	77154

~~(D)~~(G)(1) The administrator may decertify a managed care	77155
organization if the managed care organization does any of the	77156
following:	77157

(a) Fails to maintain any of the requirements set forth in	77158
division (F) of this section;	77159

(b) Fails to reasonably comply with or to perform in	77160
accordance with the terms of a contract entered into under	77161
division (B)(4) of this section;	77162

(c) Violates a rule adopted under section 4121.441 of the	77163
Revised Code.	77164

(2) The administrator shall provide each managed care	77165
organization that is being decertified pursuant to division (G)(1)	77166
of this section with written notice of the pending decertification	77167
and an opportunity for a hearing pursuant to rules adopted by the	77168
administrator.	77169

(H)(1) Information contained in a ~~vendor's~~managed care	77170
organization's application for certification in the health	77171
partnership program, and other information furnished to the bureau	77172
by a ~~vendor~~managed care organization for purposes of obtaining	77173
certification or to comply with performance and financial auditing	77174
requirements established by the administrator, is for the	77175
exclusive use and information of the bureau in the discharge of	77176
its official duties, and shall not be open to the public or be	77177
used in any court in any proceeding pending therein, unless the	77178
bureau is a party to the action or proceeding, but the information	77179
may be tabulated and published by the bureau in statistical form	77180
for the use and information of other state departments and the	77181
public. No employee of the bureau, except as otherwise authorized	77182
by the administrator, shall divulge any information secured by the	77183
employee while in the employ of the bureau in respect to a	77184
~~vendor's~~managed care organization's application for certification	77185
or in respect to the business or other trade processes of any	77186
~~vendor~~managed care organization to any person other than the	77187
administrator or to the employee's superior.	77188

(2) Notwithstanding the restrictions imposed by division	77189
~~(D)~~(H)(1) of this section, the governor, members of select or	77190
standing committees of the senate or house of representatives, the	77191
auditor of state, the attorney general, or their designees,	77192
pursuant to the authority granted in this chapter and Chapter	77193
4123. of the Revised Code, may examine any ~~vendor~~managed care	77194
organization application or other information furnished to the	77195
bureau by the ~~vendor~~managed care organization. None of those	77196
individuals shall divulge any information secured in the exercise	77197
of that authority in respect to a ~~vendor's~~managed care	77198
organization's application for certification or in respect to the	77199
business or other trade processes of any ~~vendor~~managed care	77200
organization to any person.	77201

~~(E)~~(I) On and after January 1, 2001, a ~~vendor~~managed care	77202
organization shall not be ~~any~~an insurance company holding a	77203
certificate of authority issued pursuant to Title XXXIX of the	77204
Revised Code or ~~any~~a health insuring corporation holding a	77205
certificate of authority under Chapter 1751. of the Revised Code.	77206

~~(F)~~(J) The administrator may limit freedom of choice of	77207
health care provider or supplier by requiring, beginning with the	77208
period set forth in division (B)(1) or (2) of this section, that	77209
claimants shall pay an appropriate out-of-plan copayment for	77210
selecting a medical provider not within the health partnership	77211
program as provided for in this section.	77212

~~(G)~~(K) The administrator, six months prior to the expiration	77213
of the bureau's certification or recertification of the ~~vendor or~~	77214
~~vendors~~managed care organizations as set forth in division (B)(1)	77215
or (2) of this section, may certify and provide evidence to the	77216
governor, the speaker of the house of representatives, and the	77217
president of the senate that the existing bureau staff is able to	77218
match or exceed the performance and outcomes of the ~~external~~	77219
~~vendor or vendors~~managed care organizations and that the bureau	77220
should be permitted to internally administer the health	77221
partnership program upon the expiration of the certification or	77222
recertification as set forth in division (B)(1) or (2) of this	77223
section.	77224

~~(H)~~(L) The administrator shall establish and operate a bureau	77225
of workers' compensation health care data program. The	77226
administrator shall develop reporting requirements from all	77227
employees, employers ~~and~~, medical providers, ~~medical vendors~~	77228
managed care organizations, and plans that participate in the	77229
workers' compensation system. The administrator shall do all of	77230
the following:	77231

(1) Utilize the collected data to measure and perform	77232
comparison analyses of costs, quality, appropriateness of medical	77233
care, and effectiveness of medical care delivered by all	77234
components of the workers' compensation system.	77235

(2) Compile data to support activities of the selected ~~vendor~~	77236
~~or vendors~~managed care organizations and to measure the outcomes	77237
and savings of the health partnership program.	77238

(3) Publish and report compiled data on the measures of	77239
outcomes and savings of the health partnership program and submit	77240
the report to the president of the senate, the speaker of the	77241
house of representatives, and the governor with the annual report	77242
prepared under division (F)(3) of section 4121.12 of the Revised	77243
Code. The administrator shall protect the confidentiality of all	77244
proprietary pricing data.	77245

~~(I)~~(M) Any rehabilitation facility the bureau operates is	77246
eligible for inclusion in the Ohio workers' compensation qualified	77247
health plan system or the health partnership program under the	77248
same terms as other providers within health care plans or the	77249
program.	77250

~~(J)~~(N) In areas outside the state or within the state where	77251
no qualified health plan or an inadequate number of providers	77252
within the health partnership program exist, the administrator	77253
shall permit employees to use a nonplan or nonprogram health care	77254
provider and shall pay the provider for the services or supplies	77255
provided to or on behalf of an employee for an injury or	77256
occupational disease that is compensable under this chapter or	77257
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	77258
schedule the administrator adopts.	77259

~~(K)~~(O) No health care provider, whether certified or not,	77260
shall charge, assess, or otherwise attempt to collect from an	77261
employee, employer, a managed care organization, or the bureau any	77262
amount for covered services or supplies that is in excess of the	77263
allowed amount paid by a managed care organization, the bureau, or	77264
a qualified health plan.	77265

~~(L)~~(P) The administrator shall permit any employer or group	77266
of employers who agree to abide by the rules adopted under this	77267
section and sections 4121.441 and 4121.442 of the Revised Code to	77268
provide services or supplies to or on behalf of an employee for an	77269
injury or occupational disease that is compensable under this	77270
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	77271
through qualified health plans of the Ohio workers' compensation	77272
qualified health plan system pursuant to section 4121.442 of the	77273
Revised Code or through the health partnership program pursuant to	77274
section 4121.441 of the Revised Code. No amount paid under the	77275
qualified health plan system pursuant to section 4121.442 of the	77276
Revised Code by an employer who is a state fund employer shall be	77277
charged to the employer's experience or otherwise be used in	77278
merit-rating or determining the risk of that employer for the	77279
purpose of the payment of premiums under this chapter, and if the	77280
employer is a self-insuring employer, the employer shall not	77281
include that amount in the paid compensation the employer reports	77282
under section 4123.35 of the Revised Code.	77283

Sec. 4121.441. (A) The administrator of workers'	77284
compensation, with the advice and consent of the bureau of	77285
workers' compensation board of directors, shall adopt rules under	77286
Chapter 119. of the Revised Code for the health care partnership	77287
program administered by the bureau of workers' compensation to	77288
provide medical, surgical, nursing, drug, hospital, and	77289
rehabilitation services and supplies to an employee for an injury	77290
or occupational disease that is compensable under this chapter or	77291
Chapter 4123., 4127., or 4131. of the Revised Code, and to	77292
regulate contracts with managed care organizations pursuant to	77293
this chapter.	77294

(1) The rules shall include, but are not limited to, the	77295
following:	77296

~~(1)~~(a) Procedures for the resolution of medical disputes	77297
between an employer and an employee, an employee and a provider,	77298
or an employer and a provider, prior to an appeal under section	77299
4123.511 of the Revised Code. Rules the administrator adopts	77300
pursuant to division (A)(1)(a) of this section may specify that	77301
the resolution procedures shall not be used to resolve disputes	77302
concerning medical services rendered that have been approved	77303
through standard treatment guidelines, pathways, or presumptive	77304
authorization guidelines.	77305

~~(2)~~(b) Prohibitions against discrimination against any	77306
category of health care providers;	77307

~~(3)~~(c) Procedures for reporting injuries to employers and the	77308
bureau by providers;	77309

~~(4)~~(d) Appropriate financial incentives to reduce service	77310
cost and insure proper system utilization without sacrificing the	77311
quality of service;	77312

~~(5)~~(e) Adequate methods of peer review, utilization review,	77313
quality assurance, and dispute resolution to prevent, and provide	77314
sanctions for, inappropriate, excessive or not medically necessary	77315
treatment;	77316

~~(6)~~(f) A timely and accurate method of collection of	77317
necessary information regarding medical and health care service	77318
and supply costs, quality, and utilization to enable the	77319
administrator to determine the effectiveness of the program;	77320

~~(7)~~(g) Provisions for necessary emergency medical treatment	77321
for an injury or occupational disease provided by a health care	77322
provider who is not part of the program;	77323

~~(8)~~(h) Discounted pricing for all in-patient and out-patient	77324
medical services, all professional services, and all	77325
pharmaceutical services;	77326

~~(9)~~(i) Provisions for provider referrals, pre-admission and	77327
post-admission approvals, second surgical opinions, and other cost	77328
management techniques;	77329

~~(10)~~(j) Antifraud mechanisms;

77330

~~(11)~~(k) Standards and criteria for the bureau to utilize in	77331
certifying or recertifying a health care provider or a ~~vendor~~	77332
managed care organization for participation in the health	77333
partnership program;	77334

~~(12)~~(l) Standards ~~and criteria~~ for the bureau to utilize in	77335
penalizing or decertifying a health care provider ~~or a vendor~~ from	77336
participation in the health partnership program.	77337

(2) Notwithstanding section 119.061 of the Revised Code, the	77338
rules may include provisions limiting, restricting, or regulating	77339
any marketing or advertising by a managed care organization, or by	77340
any individual or entity that is affiliated with or acting on	77341
behalf of the managed care organization, under the health	77342
partnership program.	77343

(B) The administrator shall implement the health partnership	77344
program according to the rules the administrator adopts under this	77345
section for the provision and payment of medical, surgical,	77346
nursing, drug, hospital, and rehabilitation services and supplies	77347
to an employee for an injury or occupational disease that is	77348
compensable under this chapter or Chapter 4123., 4127., or 4131.	77349
of the Revised Code."	77350

Sec. 4121.50. Not later than July 1, 2012, the administrator	77351
of workers' compensation shall adopt rules in accordance with	77352
Chapter 119. of the Revised Code to implement a coordinated	77353
services program for claimants under this chapter or Chapter	77354
4123., 4127., or 4131. of the Revised Code who are found to have	77355
obtained prescription drugs that were reimbursed pursuant to an	77356
order of the administrator or of the industrial commission or by a	77357
self-insuring employer but were obtained at a frequency or in an	77358
amount that is not medically necessary. The program shall be	77359
implemented in a manner that is substantially similar to the	77360
coordinated services programs established for the medicaid program	77361
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	77362
the Revised Code.	77363

Sec. 4121.69. (A) The administrator of workers' compensation	77364
may establish compensation plans, including schedules of hourly	77365
rates, for the compensation of professional, administrative, and	77366
managerial employees who are employed to fulfill the duties placed	77367
upon the bureau of workers' compensation pursuant to sections	77368
4121.61 to 4121.69 of the Revised Code. The administrator may	77369
establish rules or policies for the administration of the	77370
respective compensation plans.	77371

This division does not apply to employees for whom the state	77372
employment relations board establishes appropriate bargaining	77373
units pursuant to section 4117.06 of the Revised Code.	77374

(B) The administrator may employ the services and resources	77375
of any public entity or private person, business, or association	77376
in fulfilling the duties placed upon the bureau of workers'	77377
compensation by sections 4121.61 to 4121.69 of the Revised Code.	77378
The ~~rehabilitation services commission~~opportunities for Ohioans	77379
with disabilities agency, the director of job and family services,	77380
and any other public officer, employee, or agency shall give to	77381
the bureau of workers' compensation full cooperation and, at the	77382
request of the administrator, enter into a written agreement	77383
stating the procedures and criteria for referring, accepting, and	77384
providing services to claimants in the job placement and	77385
rehabilitation efforts of the bureau of workers' compensation on	77386
behalf of a claimant when referred by the bureau of workers'	77387
compensation.	77388

(C) In appropriate cases, the bureau may refer a candidate to	77389
the ~~rehabilitation services commission~~opportunities for Ohioans	77390
with disabilities agency for participation in a program of the	77391
~~commission~~agency. For that purpose, the bureau of workers'	77392
compensation shall compensate the ~~commission~~agency for the	77393
nonfederal portion of its services.	77394

Sec. 4123.32. The administrator of workers' compensation,	77395
with the advice and consent of the bureau of workers' compensation	77396
board of directors, shall adopt rules with respect to the	77397
collection, maintenance, and disbursements of the state insurance	77398
fund including all of the following:	77399

(A) A rule providing that the premium security deposit	77400
collected from any employer entitles the employer to the benefits	77401
of this chapter for the remainder of the six months and also for	77402
an additional adjustment period of two months, and, thereafter, if	77403
the employer pays the premium due at the close of any six-month	77404
period, coverage shall be extended for an additional eight-month	77405
period beginning from the end of the six-month period for which	77406
the employer pays the premium due;	77407

(B) A rule providing for ascertaining the correctness of any	77408
employer's report of estimated or actual expenditure of wages and	77409
the determination and adjustment of proper premiums and the	77410
payment of those premiums by the employer for or during any period	77411
less than eight months and notwithstanding any payment or	77412
determination of premium made when exceptional conditions or	77413
circumstances in the judgment of the administrator justify the	77414
action;	77415

(C) Such special rules as the administrator considers	77416
necessary to safeguard the fund and that are just in the	77417
circumstances, covering the rates to be applied where one employer	77418
takes over the occupation or industry of another or where an	77419
employer first makes application for state insurance, and the	77420
administrator may require that if any employer transfers a	77421
business in whole or in part or otherwise reorganizes the	77422
business, the successor in interest shall assume, in proportion to	77423
the extent of the transfer, as determined by the administrator,	77424
the employer's account and shall continue the payment of all	77425
contributions due under this chapter;	77426

(D) A rule providing that an employer who employs an employee	77427
covered under the federal "Longshore and Harbor Workers'	77428
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	77429
chapter and Chapter 4121. of the Revised Code shall be assessed a	77430
premium in accordance with the expenditure of wages, payroll, or	77431
both attributable to only labor performed and services provided by	77432
such an employee when the employee performs labor and provides	77433
services for which the employee is not eligible to receive	77434
compensation and benefits under that federal act.	77435

(E) A rule providing for all of the following:

77436

(1) If, within two months immediately after the expiration of	77437
the six-month period, an employer fails to file a report of the	77438
employer's actual payroll expenditures for the period, the premium	77439
found to be due from the employer for the period shall be	77440
increased in an amount equal to one per cent of the premium, but	77441
the increase shall not be less than three nor more than fifteen	77442
dollars;	77443

(2) The premium determined by the administrator to be due	77444
from an employer shall be payable on or before the end of the	77445
coverage period established by the premium security deposit, or	77446
within the time specified by the administrator if the period for	77447
which the advance premium has been paid is less than eight months.	77448
If an employer fails to pay the premium when due, the	77449
administrator may add a late fee penalty of not more than thirty	77450
dollars to the premium plus an additional penalty amount as	77451
follows:	77452

(a) For a premium from sixty-one to ninety days past due, the	77453
prime interest rate, multiplied by the premium due;	77454

(b) For a premium from ninety-one to one hundred twenty days	77455
past due, the prime interest rate plus two per cent, multiplied by	77456
the premium due;	77457

(c) For a premium from one hundred twenty-one to one hundred	77458
fifty days past due, the prime interest rate plus four per cent,	77459
multiplied by the premium due;	77460

(d) For a premium from one hundred fifty-one to one hundred	77461
eighty days past due, the prime interest rate plus six per cent,	77462
multiplied by the premium due;	77463

(e) For a premium from one hundred eighty-one to two hundred	77464
ten days past due, the prime interest rate plus eight per cent,	77465
multiplied by the premium due;	77466

(f) For each additional thirty-day period or portion thereof	77467
that a premium remains past due after it has remained past due for	77468
more than two hundred ten days, the prime interest rate plus eight	77469
per cent, multiplied by the premium due.	77470

(3) Notwithstanding the interest rates specified in division	77471
(E)(2) of this section, at no time shall the additional penalty	77472
amount assessed under division (E)(2) of this section exceed	77473
fifteen per cent of the premium due.	77474

(4) An employer may appeal a late fee penalty or additional	77475
penalty to an adjudicating committee pursuant to section 4123.291	77476
of the Revised Code.	77477

For purposes of division (E) of this section, "prime interest	77478
rate" means the average bank prime rate, and the administrator	77479
shall determine the prime interest rate in the same manner as a	77480
county auditor determines the average bank prime rate under	77481
section 929.02 of the Revised Code.	77482

(5) If the employer files an appropriate payroll report,	77483
within the time provided by law or within the time specified by	77484
the administrator if the period for which the employer paid an	77485
estimated premium is less than eight months, the employer shall	77486
not be in default and division (E)(2) of this section shall not	77487
apply if the employer pays the premiums within fifteen days after	77488
being first notified by the administrator of the amount due.	77489

(6) Any deficiencies in the amounts of the premium security	77490
deposit paid by an employer for any period shall be subject to an	77491
interest charge of six per cent per annum from the date the	77492
premium obligation is incurred. In determining the interest due on	77493
deficiencies in premium security deposit payments, a charge in	77494
each case shall be made against the employer in an amount equal to	77495
interest at the rate of six per cent per annum on the premium	77496
security deposit due but remaining unpaid sixty days after notice	77497
by the administrator.	77498

(7) Any interest charges or penalties provided for in	77499
divisions (E)(2) and (6) of this section shall be credited to the	77500
employer's account for rating purposes in the same manner as	77501
premiums.	77502

(F) A rule providing that each employer, on the occasion of	77503
instituting coverage under this chapter, shall submit a premium	77504
security deposit. The deposit shall be calculated equivalent to	77505
thirty per cent of the semiannual premium obligation of the	77506
employer based upon the employer's estimated expenditure for wages	77507
for the ensuing six-month period plus thirty per cent of an	77508
additional adjustment period of two months but only up to a	77509
maximum of one thousand dollars and not less than ten dollars. The	77510
administrator shall review the security deposit of every employer	77511
who has submitted a deposit which is less than the	77512
one-thousand-dollar maximum. The administrator may require any	77513
such employer to submit additional money up to the maximum of one	77514
thousand dollars that, in the administrator's opinion, reflects	77515
the employer's current payroll expenditure for an eight-month	77516
period.	77517

(G) A rule providing that each employer, on the occasion of	77518
instituting coverage under this chapter, shall submit an	77519
application for coverage that completely provides all of the	77520
information required for the administrator to establish coverage	77521
for that employer, and that the employer's failure to provide all	77522
of the information completely may be grounds for the administrator	77523
to deny coverage for that employer.	77524

(H) A rule providing that, in addition to any other remedies	77525
permitted in this chapter, the administrator may discontinue an	77526
employer's coverage if the employer fails to pay the premium due	77527
on or before the premium's due date.	77528

(I) A rule providing that if after a final adjudication it is	77529
determined that an employer has failed to pay an obligation,	77530
billing, account, or assessment that is greater than one thousand	77531
dollars on or before its due date, the administrator may	77532
discontinue the employer's coverage in addition to any other	77533
remedies permitted in this chapter, and that the administrator	77534
shall not discontinue an employer's coverage pursuant to this	77535
division prior to a final adjudication regarding the employer's	77536
failure to pay such obligation, billing, account, or assessment on	77537
or before its due date.	77538

(J) As used in divisions (H) and (I) of this section:

77539

(1) "Employer" has the same meaning as in division (B) of	77540
section 4123.01 of the Revised Code except that "employer" does	77541
not include the state, a state hospital, or a state university or	77542
college.	77543

(2) "State university or college" has the same meaning as in	77544
section 3345.12 of the Revised Code and also includes the Ohio	77545
agricultural research and development center and ~~the Ohio state~~	77546
~~university cooperative~~OSU extension ~~service~~.	77547

(3) "State hospital" means the Ohio state university hospital	77548
and its ancillary facilities and the medical university of Ohio at	77549
Toledo hospital.	77550

Sec. 4123.322. (A) Notwithstanding any provision to the	77551
contrary in section 4123.32 or 4123.41 of the Revised Code, the	77552
administrator of workers' compensation, with the advice and	77553
consent of the bureau of workers' compensation board of directors,	77554
may adopt rules with respect to the collection, maintenance, and	77555
disbursements of the state insurance fund to provide for a system	77556
of prospective payment of workers' compensation premiums. If the	77557
administrator elects to adopt rules establishing a prospective	77558
payment system, those rules shall include all of the following:	77559

(1) A requirement that, notwithstanding section 4123.26 of	77560
the Revised Code, on or before the thirtieth day of June of each	77561
year, or such other date as the administrator establishes, every	77562
employer mentioned in division (B)(2) of section 4123.01 of the	77563
Revised Code shall file with the bureau of workers' compensation	77564
an estimate of the employer's payroll for the immediately	77565
following twelve-month period or other period as the administrator	77566
establishes;	77567

(2) A requirement that upon an initial application for	77568
coverage, an employer mentioned in division (B)(2) of section	77569
4123.01 of the Revised Code shall file with the application an	77570
estimate of the employer's payroll for the unexpired period from	77571
the date of application to the period ending on the following	77572
thirtieth day of June or other date as established by the	77573
administrator pursuant to division (A)(1) of this section, and	77574
shall pay the amount the administrator determines by rule in order	77575
to establish coverage for the employer as described in division	77576
(B)(12) of section 4121.121 of the Revised Code;	77577

(3) A requirement that, notwithstanding section 4123.26 or	77578
4123.41 of the Revised Code, on or before the first day of January	77579
of each year, or such other date as the administrator establishes,	77580
every employer mentioned in division (B)(1) of section 4123.01 of	77581
the Revised Code, except for a state agency or a state university	77582
or college, shall file with the bureau an estimate of the	77583
employer's payroll for the immediately following twelve-month	77584
period or other period as the administrator establishes;	77585

(4) A requirement that upon an initial application for	77586
coverage, an employer mentioned in division (B)(1) of section	77587
4123.01 of the Revised Code, except for a state agency or state	77588
university or college, shall file with the application an estimate	77589
of the employer's payroll for the unexpired period from the date	77590
of application to the period ending on the following thirty-first	77591
day of December or other date as established by the administrator	77592
pursuant to division (A)(3) of this section, and shall pay the	77593
amount the administrator determines by rule in order to establish	77594
coverage for the employer as described in division (B)(12) of	77595
section 4121.121 of the Revised Code;	77596

(5) The assessment of a penalty if an employer fails to	77597
timely file the estimates of payroll required by the rules adopted	77598
pursuant to this section;	77599

(6) A requirement that an employer complete periodic payroll	77600
reports of actual expenditures for previous coverage periods for	77601
reconciliation with estimated payroll reports;	77602

(7) The assessment of a penalty for late payroll	77603
reconciliation reports and for late payment of any reconciliation	77604
premium;	77605

(8) The establishment of a transition period during which	77606
time the bureau shall determine the adequacy of existing premium	77607
security deposits of employers, the establishment of provisions	77608
for additional premium payments during that transition, the	77609
provision of a credit of those deposits toward the first premium	77610
due from an employer under the rules adopted under divisions	77611
(A)(1) to (7) of this section, and the establishment of penalties	77612
for late payment or failure to comply with the rules.	77613

(B) For purposes of division (A)(6) of this section, an	77614
employer shall make timely payment of any premium owed when actual	77615
payroll expenditures exceeded estimated payroll, and the employer	77616
shall receive premium credit when the estimated payroll exceeded	77617
the actual payroll.	77618

(C) For purposes of division (A)(7) of this section, if the	77619
employer's actual payroll substantially exceeds the estimated	77620
payroll, the administrator may assess additional penalties	77621
specified in rules the administrator adopts on the reconciliation	77622
premium.	77623

(D) As used in this section, "state university or college"	77624
has the same meaning as in section 4123.32 of the Revised Code.	77625

Sec. 4123.35. (A) Except as provided in this section, every	77626
employer mentioned in division (B)(2) of section 4123.01 of the	77627
Revised Code, and every publicly owned utility shall pay	77628
semiannually in the months of January and July into the state	77629
insurance fund the amount of annual premium the administrator of	77630
workers' compensation fixes for the employment or occupation of	77631
the employer, the amount of which premium to be paid by each	77632
employer to be determined by the classifications, rules, and rates	77633
made and published by the administrator. The employer shall pay	77634
semiannually a further sum of money into the state insurance fund	77635
as may be ascertained to be due from the employer by applying the	77636
rules of the administrator, and a receipt or certificate	77637
certifying that payment has been made, along with a written notice	77638
as is required in section 4123.54 of the Revised Code, shall be	77639
mailed immediately to the employer by the bureau of workers'	77640
compensation. The receipt or certificate is prima-facie evidence	77641
of the payment of the premium, and the proper posting of the	77642
notice constitutes the employer's compliance with the notice	77643
requirement mandated in section 4123.54 of the Revised Code.	77644

If the administrator adopts rules to establish a prospective	77645
payment of premium under section 4123.322 of the Revised Code,	77646
every employer mentioned in division (B)(2) of section 4123.01 of	77647
the Revised Code and every publicly owned utility shall pay into	77648
the state insurance fund the amount of premium the administrator	77649
fixes for the employment or occupation of the employer, the amount	77650
of which premium to be paid by each employer to be determined by	77651
the classifications, rules, and rates made and published by the	77652
administrator and based upon the estimates and reconciliations	77653
required by the rules the administrator adopts under section	77654
4123.322 of the Revised Code.	77655

The bureau of workers' compensation shall verify with the	77656
secretary of state the existence of all corporations and	77657
organizations making application for workers' compensation	77658
coverage and shall require every such application to include the	77659
employer's federal identification number.	77660

An employer as defined in division (B)(2) of section 4123.01	77661
of the Revised Code who has contracted with a subcontractor is	77662
liable for the unpaid premium due from any subcontractor with	77663
respect to that part of the payroll of the subcontractor that is	77664
for work performed pursuant to the contract with the employer.	77665

Division (A) of this section providing for the payment of	77666
premiums semiannually does not apply to any employer who was a	77667
subscriber to the state insurance fund prior to January 1, 1914,	77668
or who may first become a subscriber to the fund in any month	77669
other than January or July. Instead, the semiannual premiums shall	77670
be paid by those employers from time to time upon the expiration	77671
of the respective periods for which payments into the fund have	77672
been made by them.	77673

The administrator shall adopt rules to permit employers to	77674
make periodic payments of the semiannual premium due under this	77675
division. The rules shall include provisions for the assessment of	77676
interest charges, where appropriate, and for the assessment of	77677
penalties when an employer fails to make timely premium payments.	77678
An employer who timely pays the amounts due under this division is	77679
entitled to all of the benefits and protections of this chapter.	77680
Upon receipt of payment, the bureau immediately shall mail a	77681
receipt or certificate to the employer certifying that payment has	77682
been made, which receipt is prima-facie evidence of payment.	77683
Workers' compensation coverage under this chapter continues	77684
uninterrupted upon timely receipt of payment under this division.	77685

Every public employer, except public employers that are	77686
self-insuring employers under this section, shall comply with	77687
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	77688
regard to the contribution of moneys to the public insurance fund.	77689

(B) Employers who will abide by the rules of the	77690
administrator and who may be of sufficient financial ability to	77691
render certain the payment of compensation to injured employees or	77692
the dependents of killed employees, and the furnishing of medical,	77693
surgical, nursing, and hospital attention and services and	77694
medicines, and funeral expenses, equal to or greater than is	77695
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	77696
to 4123.67 of the Revised Code, and who do not desire to insure	77697
the payment thereof or indemnify themselves against loss sustained	77698
by the direct payment thereof, upon a finding of such facts by the	77699
administrator, may be granted the privilege to pay individually	77700
compensation, and furnish medical, surgical, nursing, and hospital	77701
services and attention and funeral expenses directly to injured	77702
employees or the dependents of killed employees, thereby being	77703
granted status as a self-insuring employer. The administrator may	77704
charge employers who apply for the status as a self-insuring	77705
employer a reasonable application fee to cover the bureau's costs	77706
in connection with processing and making a determination with	77707
respect to an application.	77708

All employers granted status as self-insuring employers shall	77709
demonstrate sufficient financial and administrative ability to	77710
assure that all obligations under this section are promptly met.	77711
The administrator shall deny the privilege where the employer is	77712
unable to demonstrate the employer's ability to promptly meet all	77713
the obligations imposed on the employer by this section.	77714

(1) The administrator shall consider, but is not limited to,	77715
the following factors, where applicable, in determining the	77716
employer's ability to meet all of the obligations imposed on the	77717
employer by this section:	77718

(a) The employer employs a minimum of five hundred employees	77719
in this state;	77720

(b) The employer has operated in this state for a minimum of	77721
two years, provided that an employer who has purchased, acquired,	77722
or otherwise succeeded to the operation of a business, or any part	77723
thereof, situated in this state that has operated for at least two	77724
years in this state, also shall qualify;	77725

(c) Where the employer previously contributed to the state	77726
insurance fund or is a successor employer as defined by bureau	77727
rules, the amount of the buyout, as defined by bureau rules;	77728

(d) The sufficiency of the employer's assets located in this	77729
state to insure the employer's solvency in paying compensation	77730
directly;	77731

(e) The financial records, documents, and data, certified by	77732
a certified public accountant, necessary to provide the employer's	77733
full financial disclosure. The records, documents, and data	77734
include, but are not limited to, balance sheets and profit and	77735
loss history for the current year and previous four years.	77736

(f) The employer's organizational plan for the administration	77737
of the workers' compensation law;	77738

(g) The employer's proposed plan to inform employees of the	77739
change from a state fund insurer to a self-insuring employer, the	77740
procedures the employer will follow as a self-insuring employer,	77741
and the employees' rights to compensation and benefits; and	77742

(h) The employer has either an account in a financial	77743
institution in this state, or if the employer maintains an account	77744
with a financial institution outside this state, ensures that	77745
workers' compensation checks are drawn from the same account as	77746
payroll checks or the employer clearly indicates that payment will	77747
be honored by a financial institution in this state.	77748

The administrator may waive the requirements of divisions	77749
(B)(1)(a) and (b) of this section and the requirement of division	77750
(B)(1)(e) of this section that the financial records, documents,	77751
and data be certified by a certified public accountant. The	77752
administrator shall adopt rules establishing the criteria that an	77753
employer shall meet in order for the administrator to waive the	77754
~~requirement~~requirements of ~~division~~divisions (B)(1)(a), (b), and	77755
(e) of this section. Such rules may require additional security of	77756
that employer pursuant to division (E) of section 4123.351 of the	77757
Revised Code.	77758

The administrator shall not grant the status of self-insuring	77759
employer to the state, except that the administrator may grant the	77760
status of self-insuring employer to a state institution of higher	77761
education, including its hospitals, that meets the requirements of	77762
division (B)(2) of this section.	77763

(2) When considering the application of a public employer,	77764
except for a board of county commissioners described in division	77765
(G) of section 4123.01 of the Revised Code, a board of a county	77766
hospital, or a publicly owned utility, the administrator shall	77767
verify that the public employer satisfies all of the following	77768
requirements as the requirements apply to that public employer:	77769

(a) For the two-year period preceding application under this	77770
section, the public employer has maintained an unvoted debt	77771
capacity equal to at least two times the amount of the current	77772
annual premium established by the administrator under this chapter	77773
for that public employer for the year immediately preceding the	77774
year in which the public employer makes application under this	77775
section.	77776

(b) For each of the two fiscal years preceding application	77777
under this section, the unreserved and undesignated year-end fund	77778
balance in the public employer's general fund is equal to at least	77779
five per cent of the public employer's general fund revenues for	77780
the fiscal year computed in accordance with generally accepted	77781
accounting principles.	77782

(c) For the five-year period preceding application under this	77783
section, the public employer, to the extent applicable, has	77784
complied fully with the continuing disclosure requirements	77785
established in rules adopted by the United States securities and	77786
exchange commission under 17 C.F.R. 240.15c 2-12.	77787

(d) For the five-year period preceding application under this	77788
section, the public employer has not had its local government fund	77789
distribution withheld on account of the public employer being	77790
indebted or otherwise obligated to the state.	77791

(e) For the five-year period preceding application under this	77792
section, the public employer has not been under a fiscal watch or	77793
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	77794
of the Revised Code.	77795

(f) For the public employer's fiscal year preceding	77796
application under this section, the public employer has obtained	77797
an annual financial audit as required under section 117.10 of the	77798
Revised Code, which has been released by the auditor of state	77799
within seven months after the end of the public employer's fiscal	77800
year.	77801

(g) On the date of application, the public employer holds a	77802
debt rating of Aa3 or higher according to Moody's investors	77803
service, inc., or a comparable rating by an independent rating	77804
agency similar to Moody's investors service, inc.	77805

(h) The public employer agrees to generate an annual	77806
accumulating book reserve in its financial statements reflecting	77807
an actuarially generated reserve adequate to pay projected claims	77808
under this chapter for the applicable period of time, as	77809
determined by the administrator.	77810

(i) For a public employer that is a hospital, the public	77811
employer shall submit audited financial statements showing the	77812
hospital's overall liquidity characteristics, and the	77813
administrator shall determine, on an individual basis, whether the	77814
public employer satisfies liquidity standards equivalent to the	77815
liquidity standards of other public employers.	77816

(j) Any additional criteria that the administrator adopts by	77817
rule pursuant to division (E) of this section.	77818

The administrator may adopt rules establishing the criteria	77819
that a public employer shall satisfy in order for the	77820
administrator to waive any of the requirements listed in divisions	77821
(B)(2)(a) to (j) of this section. The rules may require additional	77822
security from that employer pursuant to division (E) of section	77823
4123.351 of the Revised Code. The administrator shall not waive	77824
any of the requirements listed in divisions (B)(2)(a) to (j) of	77825
this section for a public employer who does not satisfy the	77826
criteria established in the rules the administrator adopts.	77827

(C) A board of county commissioners described in division (G)	77828
of section 4123.01 of the Revised Code, as an employer, that will	77829
abide by the rules of the administrator and that may be of	77830
sufficient financial ability to render certain the payment of	77831
compensation to injured employees or the dependents of killed	77832
employees, and the furnishing of medical, surgical, nursing, and	77833
hospital attention and services and medicines, and funeral	77834
expenses, equal to or greater than is provided for in sections	77835
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	77836
Code, and that does not desire to insure the payment thereof or	77837
indemnify itself against loss sustained by the direct payment	77838
thereof, upon a finding of such facts by the administrator, may be	77839
granted the privilege to pay individually compensation, and	77840
furnish medical, surgical, nursing, and hospital services and	77841
attention and funeral expenses directly to injured employees or	77842
the dependents of killed employees, thereby being granted status	77843
as a self-insuring employer. The administrator may charge a board	77844
of county commissioners described in division (G) of section	77845
4123.01 of the Revised Code that applies for the status as a	77846
self-insuring employer a reasonable application fee to cover the	77847
bureau's costs in connection with processing and making a	77848
determination with respect to an application. All employers	77849
granted such status shall demonstrate sufficient financial and	77850
administrative ability to assure that all obligations under this	77851
section are promptly met. The administrator shall deny the	77852
privilege where the employer is unable to demonstrate the	77853
employer's ability to promptly meet all the obligations imposed on	77854
the employer by this section. The administrator shall consider,	77855
but is not limited to, the following factors, where applicable, in	77856
determining the employer's ability to meet all of the obligations	77857
imposed on the board as an employer by this section:	77858

(1) The board as an employer employs a minimum of five	77859
hundred employees in this state;	77860

(2) The board has operated in this state for a minimum of two	77861
years;	77862

(3) Where the board previously contributed to the state	77863
insurance fund or is a successor employer as defined by bureau	77864
rules, the amount of the buyout, as defined by bureau rules;	77865

(4) The sufficiency of the board's assets located in this	77866
state to insure the board's solvency in paying compensation	77867
directly;	77868

(5) The financial records, documents, and data, certified by	77869
a certified public accountant, necessary to provide the board's	77870
full financial disclosure. The records, documents, and data	77871
include, but are not limited to, balance sheets and profit and	77872
loss history for the current year and previous four years.	77873

(6) The board's organizational plan for the administration of	77874
the workers' compensation law;	77875

(7) The board's proposed plan to inform employees of the	77876
proposed self-insurance, the procedures the board will follow as a	77877
self-insuring employer, and the employees' rights to compensation	77878
and benefits;	77879

(8) The board has either an account in a financial	77880
institution in this state, or if the board maintains an account	77881
with a financial institution outside this state, ensures that	77882
workers' compensation checks are drawn from the same account as	77883
payroll checks or the board clearly indicates that payment will be	77884
honored by a financial institution in this state;	77885

(9) The board shall provide the administrator a surety bond	77886
in an amount equal to one hundred twenty-five per cent of the	77887
projected losses as determined by the administrator.	77888

(D) The administrator shall require a surety bond from all	77889
self-insuring employers, issued pursuant to section 4123.351 of	77890
the Revised Code, that is sufficient to compel, or secure to	77891
injured employees, or to the dependents of employees killed, the	77892
payment of compensation and expenses, which shall in no event be	77893
less than that paid or furnished out of the state insurance fund	77894
in similar cases to injured employees or to dependents of killed	77895
employees whose employers contribute to the fund, except when an	77896
employee of the employer, who has suffered the loss of a hand,	77897
arm, foot, leg, or eye prior to the injury for which compensation	77898
is to be paid, and thereafter suffers the loss of any other of the	77899
members as the result of any injury sustained in the course of and	77900
arising out of the employee's employment, the compensation to be	77901
paid by the self-insuring employer is limited to the disability	77902
suffered in the subsequent injury, additional compensation, if	77903
any, to be paid by the bureau out of the surplus created by	77904
section 4123.34 of the Revised Code.	77905

(E) In addition to the requirements of this section, the	77906
administrator shall make and publish rules governing the manner of	77907
making application and the nature and extent of the proof required	77908
to justify a finding of fact by the administrator as to granting	77909
the status of a self-insuring employer, which rules shall be	77910
general in their application, one of which rules shall provide	77911
that all self-insuring employers shall pay into the state	77912
insurance fund such amounts as are required to be credited to the	77913
surplus fund in division (B) of section 4123.34 of the Revised	77914
Code. The administrator may adopt rules establishing requirements	77915
in addition to the requirements described in division (B)(2) of	77916
this section that a public employer shall meet in order to qualify	77917
for self-insuring status.	77918

Employers shall secure directly from the bureau central	77919
offices application forms upon which the bureau shall stamp a	77920
designating number. Prior to submission of an application, an	77921
employer shall make available to the bureau, and the bureau shall	77922
review, the information described in division (B)(1) of this	77923
section, and public employers shall make available, and the bureau	77924
shall review, the information necessary to verify whether the	77925
public employer meets the requirements listed in division (B)(2)	77926
of this section. An employer shall file the completed application	77927
forms with an application fee, which shall cover the costs of	77928
processing the application, as established by the administrator,	77929
by rule, with the bureau at least ninety days prior to the	77930
effective date of the employer's new status as a self-insuring	77931
employer. The application form is not deemed complete until all	77932
the required information is attached thereto. The bureau shall	77933
only accept applications that contain the required information.	77934

(F) The bureau shall review completed applications within a	77935
reasonable time. If the bureau determines to grant an employer the	77936
status as a self-insuring employer, the bureau shall issue a	77937
statement, containing its findings of fact, that is prepared by	77938
the bureau and signed by the administrator. If the bureau	77939
determines not to grant the status as a self-insuring employer,	77940
the bureau shall notify the employer of the determination and	77941
require the employer to continue to pay its full premium into the	77942
state insurance fund. The administrator also shall adopt rules	77943
establishing a minimum level of performance as a criterion for	77944
granting and maintaining the status as a self-insuring employer	77945
and fixing time limits beyond which failure of the self-insuring	77946
employer to provide for the necessary medical examinations and	77947
evaluations may not delay a decision on a claim.	77948

(G) The administrator shall adopt rules setting forth	77949
procedures for auditing the program of self-insuring employers.	77950
The bureau shall conduct the audit upon a random basis or whenever	77951
the bureau has grounds for believing that a self-insuring employer	77952
is not in full compliance with bureau rules or this chapter.	77953

The administrator shall monitor the programs conducted by	77954
self-insuring employers, to ensure compliance with bureau	77955
requirements and for that purpose, shall develop and issue to	77956
self-insuring employers standardized forms for use by the	77957
self-insuring employer in all aspects of the self-insuring	77958
employers' direct compensation program and for reporting of	77959
information to the bureau.	77960

The bureau shall receive and transmit to the self-insuring	77961
employer all complaints concerning any self-insuring employer. In	77962
the case of a complaint against a self-insuring employer, the	77963
administrator shall handle the complaint through the	77964
self-insurance division of the bureau. The bureau shall maintain a	77965
file by employer of all complaints received that relate to the	77966
employer. The bureau shall evaluate each complaint and take	77967
appropriate action.	77968

The administrator shall adopt as a rule a prohibition against	77969
any self-insuring employer from harassing, dismissing, or	77970
otherwise disciplining any employee making a complaint, which rule	77971
shall provide for a financial penalty to be levied by the	77972
administrator payable by the offending self-insuring employer.	77973

(H) For the purpose of making determinations as to whether to	77974
grant status as a self-insuring employer, the administrator may	77975
subscribe to and pay for a credit reporting service that offers	77976
financial and other business information about individual	77977
employers. The costs in connection with the bureau's subscription	77978
or individual reports from the service about an applicant may be	77979
included in the application fee charged employers under this	77980
section.	77981

(I) The administrator, notwithstanding other provisions of	77982
this chapter, may permit a self-insuring employer to resume	77983
payment of premiums to the state insurance fund with appropriate	77984
credit modifications to the employer's basic premium rate as such	77985
rate is determined pursuant to section 4123.29 of the Revised	77986
Code.	77987

(J) On the first day of July of each year, the administrator	77988
shall calculate separately each self-insuring employer's	77989
assessments for the safety and hygiene fund, administrative costs	77990
pursuant to section 4123.342 of the Revised Code, and for the	77991
portion of the surplus fund under division (B) of section 4123.34	77992
of the Revised Code that is not used for handicapped	77993
reimbursement, on the basis of the paid compensation attributable	77994
to the individual self-insuring employer according to the	77995
following calculation:	77996

(1) The total assessment against all self-insuring employers	77997
as a class for each fund and for the administrative costs for the	77998
year that the assessment is being made, as determined by the	77999
administrator, divided by the total amount of paid compensation	78000
for the previous calendar year attributable to all amenable	78001
self-insuring employers;	78002

(2) Multiply the quotient in division (J)(1) of this section	78003
by the total amount of paid compensation for the previous calendar	78004
year that is attributable to the individual self-insuring employer	78005
for whom the assessment is being determined. Each self-insuring	78006
employer shall pay the assessment that results from this	78007
calculation, unless the assessment resulting from this calculation	78008
falls below a minimum assessment, which minimum assessment the	78009
administrator shall determine on the first day of July of each	78010
year with the advice and consent of the bureau of workers'	78011
compensation board of directors, in which event, the self-insuring	78012
employer shall pay the minimum assessment.	78013

In determining the total amount due for the total assessment	78014
against all self-insuring employers as a class for each fund and	78015
the administrative assessment, the administrator shall reduce	78016
proportionately the total for each fund and assessment by the	78017
amount of money in the self-insurance assessment fund as of the	78018
date of the computation of the assessment.	78019

The administrator shall calculate the assessment for the	78020
portion of the surplus fund under division (B) of section 4123.34	78021
of the Revised Code that is used for handicapped reimbursement in	78022
the same manner as set forth in divisions (J)(1) and (2) of this	78023
section except that the administrator shall calculate the total	78024
assessment for this portion of the surplus fund only on the basis	78025
of those self-insuring employers that retain participation in the	78026
handicapped reimbursement program and the individual self-insuring	78027
employer's proportion of paid compensation shall be calculated	78028
only for those self-insuring employers who retain participation in	78029
the handicapped reimbursement program. The administrator, as the	78030
administrator determines appropriate, may determine the total	78031
assessment for the handicapped portion of the surplus fund in	78032
accordance with sound actuarial principles.	78033

The administrator shall calculate the assessment for the	78034
portion of the surplus fund under division (B) of section 4123.34	78035
of the Revised Code that under division (D) of section 4121.66 of	78036
the Revised Code is used for rehabilitation costs in the same	78037
manner as set forth in divisions (J)(1) and (2) of this section,	78038
except that the administrator shall calculate the total assessment	78039
for this portion of the surplus fund only on the basis of those	78040
self-insuring employers who have not made the election to make	78041
payments directly under division (D) of section 4121.66 of the	78042
Revised Code and an individual self-insuring employer's proportion	78043
of paid compensation only for those self-insuring employers who	78044
have not made that election.	78045

The administrator shall calculate the assessment for the	78046
portion of the surplus fund under division (B) of section 4123.34	78047
of the Revised Code that is used for reimbursement to a	78048
self-insuring employer under division (H) of section 4123.512 of	78049
the Revised Code in the same manner as set forth in divisions	78050
(J)(1) and (2) of this section except that the administrator shall	78051
calculate the total assessment for this portion of the surplus	78052
fund only on the basis of those self-insuring employers that	78053
retain participation in reimbursement to the self-insuring	78054
employer under division (H) of section 4123.512 of the Revised	78055
Code and the individual self-insuring employer's proportion of	78056
paid compensation shall be calculated only for those self-insuring	78057
employers who retain participation in reimbursement to the	78058
self-insuring employer under division (H) of section 4123.512 of	78059
the Revised Code.	78060

An employer who no longer is a self-insuring employer in this	78061
state or who no longer is operating in this state, shall continue	78062
to pay assessments for administrative costs and for the portion of	78063
the surplus fund under division (B) of section 4123.34 of the	78064
Revised Code that is not used for handicapped reimbursement, based	78065
upon paid compensation attributable to claims that occurred while	78066
the employer was a self-insuring employer within this state.	78067

(K) There is hereby created in the state treasury the	78068
self-insurance assessment fund. All investment earnings of the	78069
fund shall be deposited in the fund. The administrator shall use	78070
the money in the self-insurance assessment fund only for	78071
administrative costs as specified in section 4123.341 of the	78072
Revised Code.	78073

(L) Every self-insuring employer shall certify, in affidavit	78074
form subject to the penalty for perjury, to the bureau the amount	78075
of the self-insuring employer's paid compensation for the previous	78076
calendar year. In reporting paid compensation paid for the	78077
previous year, a self-insuring employer shall exclude from the	78078
total amount of paid compensation any reimbursement the	78079
self-insuring employer receives in the previous calendar year from	78080
the surplus fund pursuant to section 4123.512 of the Revised Code	78081
for any paid compensation. The self-insuring employer also shall	78082
exclude from the paid compensation reported any amount recovered	78083
under section 4123.931 of the Revised Code and any amount that is	78084
determined not to have been payable to or on behalf of a claimant	78085
in any final administrative or judicial proceeding. The	78086
self-insuring employer shall exclude such amounts from the paid	78087
compensation reported in the reporting period subsequent to the	78088
date the determination is made. The administrator shall adopt	78089
rules, in accordance with Chapter 119. of the Revised Code, that	78090
provide for all of the following:	78091

(1) Establishing the date by which self-insuring employers	78092
must submit such information and the amount of the assessments	78093
provided for in division (J) of this section for employers who	78094
have been granted self-insuring status within the last calendar	78095
year;	78096

(2) If an employer fails to pay the assessment when due, the	78097
administrator may add a late fee penalty of not more than five	78098
hundred dollars to the assessment plus an additional penalty	78099
amount as follows:	78100

(a) For an assessment from sixty-one to ninety days past due,	78101
the prime interest rate, multiplied by the assessment due;	78102

(b) For an assessment from ninety-one to one hundred twenty	78103
days past due, the prime interest rate plus two per cent,	78104
multiplied by the assessment due;	78105

(c) For an assessment from one hundred twenty-one to one	78106
hundred fifty days past due, the prime interest rate plus four per	78107
cent, multiplied by the assessment due;	78108

(d) For an assessment from one hundred fifty-one to one	78109
hundred eighty days past due, the prime interest rate plus six per	78110
cent, multiplied by the assessment due;	78111

(e) For an assessment from one hundred eighty-one to two	78112
hundred ten days past due, the prime interest rate plus eight per	78113
cent, multiplied by the assessment due;	78114

(f) For each additional thirty-day period or portion thereof	78115
that an assessment remains past due after it has remained past due	78116
for more than two hundred ten days, the prime interest rate plus	78117
eight per cent, multiplied by the assessment due.	78118

(3) An employer may appeal a late fee penalty and penalty	78119
assessment to the administrator.	78120

For purposes of division (L)(2) of this section, "prime	78121
interest rate" means the average bank prime rate, and the	78122
administrator shall determine the prime interest rate in the same	78123
manner as a county auditor determines the average bank prime rate	78124
under section 929.02 of the Revised Code.	78125

The administrator shall include any assessment and penalties	78126
that remain unpaid for previous assessment periods in the	78127
calculation and collection of any assessments due under this	78128
division or division (J) of this section.	78129

(M) As used in this section, "paid compensation" means all	78130
amounts paid by a self-insuring employer for living maintenance	78131
benefits, all amounts for compensation paid pursuant to sections	78132
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	78133
4123.64 of the Revised Code, all amounts paid as wages in lieu of	78134
such compensation, all amounts paid in lieu of such compensation	78135
under a nonoccupational accident and sickness program fully funded	78136
by the self-insuring employer, and all amounts paid by a	78137
self-insuring employer for a violation of a specific safety	78138
standard pursuant to Section 35 of Article II, Ohio Constitution	78139
and section 4121.47 of the Revised Code.	78140

(N) Should any section of this chapter or Chapter 4121. of	78141
the Revised Code providing for self-insuring employers'	78142
assessments based upon compensation paid be declared	78143
unconstitutional by a final decision of any court, then that	78144
section of the Revised Code declared unconstitutional shall revert	78145
back to the section in existence prior to November 3, 1989,	78146
providing for assessments based upon payroll.	78147

(O) The administrator may grant a self-insuring employer the	78148
privilege to self-insure a construction project entered into by	78149
the self-insuring employer that is scheduled for completion within	78150
six years after the date the project begins, and the total cost of	78151
which is estimated to exceed one hundred million dollars or, for	78152
employers described in division (R) of this section, if the	78153
construction project is estimated to exceed twenty-five million	78154
dollars. The administrator may waive such cost and time criteria	78155
and grant a self-insuring employer the privilege to self-insure a	78156
construction project regardless of the time needed to complete the	78157
construction project and provided that the cost of the	78158
construction project is estimated to exceed fifty million dollars.	78159
A self-insuring employer who desires to self-insure a construction	78160
project shall submit to the administrator an application listing	78161
the dates the construction project is scheduled to begin and end,	78162
the estimated cost of the construction project, the contractors	78163
and subcontractors whose employees are to be self-insured by the	78164
self-insuring employer, the provisions of a safety program that is	78165
specifically designed for the construction project, and a	78166
statement as to whether a collective bargaining agreement	78167
governing the rights, duties, and obligations of each of the	78168
parties to the agreement with respect to the construction project	78169
exists between the self-insuring employer and a labor	78170
organization.	78171

A self-insuring employer may apply to self-insure the	78172
employees of either of the following:	78173

(1) All contractors and subcontractors who perform labor or	78174
work or provide materials for the construction project;	78175

(2) All contractors and, at the administrator's discretion, a	78176
substantial number of all the subcontractors who perform labor or	78177
work or provide materials for the construction project.	78178

Upon approval of the application, the administrator shall	78179
mail a certificate granting the privilege to self-insure the	78180
construction project to the self-insuring employer. The	78181
certificate shall contain the name of the self-insuring employer	78182
and the name, address, and telephone number of the self-insuring	78183
employer's representatives who are responsible for administering	78184
workers' compensation claims for the construction project. The	78185
self-insuring employer shall post the certificate in a conspicuous	78186
place at the site of the construction project.	78187

The administrator shall maintain a record of the contractors	78188
and subcontractors whose employees are covered under the	78189
certificate issued to the self-insured employer. A self-insuring	78190
employer immediately shall notify the administrator when any	78191
contractor or subcontractor is added or eliminated from inclusion	78192
under the certificate.	78193

Upon approval of the application, the self-insuring employer	78194
is responsible for the administration and payment of all claims	78195
under this chapter and Chapter 4121. of the Revised Code for the	78196
employees of the contractor and subcontractors covered under the	78197
certificate who receive injuries or are killed in the course of	78198
and arising out of employment on the construction project, or who	78199
contract an occupational disease in the course of employment on	78200
the construction project. For purposes of this chapter and Chapter	78201
4121. of the Revised Code, a claim that is administered and paid	78202
in accordance with this division is considered a claim against the	78203
self-insuring employer listed in the certificate. A contractor or	78204
subcontractor included under the certificate shall report to the	78205
self-insuring employer listed in the certificate, all claims that	78206
arise under this chapter and Chapter 4121. of the Revised Code in	78207
connection with the construction project for which the certificate	78208
is issued.	78209

A self-insuring employer who complies with this division is	78210
entitled to the protections provided under this chapter and	78211
Chapter 4121. of the Revised Code with respect to the employees of	78212
the contractors and subcontractors covered under a certificate	78213
issued under this division for death or injuries that arise out	78214
of, or death, injuries, or occupational diseases that arise in the	78215
course of, those employees' employment on that construction	78216
project, as if the employees were employees of the self-insuring	78217
employer, provided that the self-insuring employer also complies	78218
with this section. No employee of the contractors and	78219
subcontractors covered under a certificate issued under this	78220
division shall be considered the employee of the self-insuring	78221
employer listed in that certificate for any purposes other than	78222
this chapter and Chapter 4121. of the Revised Code. Nothing in	78223
this division gives a self-insuring employer authority to control	78224
the means, manner, or method of employment of the employees of the	78225
contractors and subcontractors covered under a certificate issued	78226
under this division.	78227

The contractors and subcontractors included under a	78228
certificate issued under this division are entitled to the	78229
protections provided under this chapter and Chapter 4121. of the	78230
Revised Code with respect to the contractor's or subcontractor's	78231
employees who are employed on the construction project which is	78232
the subject of the certificate, for death or injuries that arise	78233
out of, or death, injuries, or occupational diseases that arise in	78234
the course of, those employees' employment on that construction	78235
project.	78236

The contractors and subcontractors included under a	78237
certificate issued under this division shall identify in their	78238
payroll records the employees who are considered the employees of	78239
the self-insuring employer listed in that certificate for purposes	78240
of this chapter and Chapter 4121. of the Revised Code, and the	78241
amount that those employees earned for employment on the	78242
construction project that is the subject of that certificate.	78243
Notwithstanding any provision to the contrary under this chapter	78244
and Chapter 4121. of the Revised Code, the administrator shall	78245
exclude the payroll that is reported for employees who are	78246
considered the employees of the self-insuring employer listed in	78247
that certificate, and that the employees earned for employment on	78248
the construction project that is the subject of that certificate,	78249
when determining those contractors' or subcontractors' premiums or	78250
assessments required under this chapter and Chapter 4121. of the	78251
Revised Code. A self-insuring employer issued a certificate under	78252
this division shall include in the amount of paid compensation it	78253
reports pursuant to division (L) of this section, the amount of	78254
paid compensation the self-insuring employer paid pursuant to this	78255
division for the previous calendar year.	78256

Nothing in this division shall be construed as altering the	78257
rights of employees under this chapter and Chapter 4121. of the	78258
Revised Code as those rights existed prior to September 17, 1996.	78259
Nothing in this division shall be construed as altering the rights	78260
devolved under sections 2305.31 and 4123.82 of the Revised Code as	78261
those rights existed prior to September 17, 1996.	78262

As used in this division, "privilege to self-insure a	78263
construction project" means privilege to pay individually	78264
compensation, and to furnish medical, surgical, nursing, and	78265
hospital services and attention and funeral expenses directly to	78266
injured employees or the dependents of killed employees.	78267

(P) A self-insuring employer whose application is granted	78268
under division (O) of this section shall designate a safety	78269
professional to be responsible for the administration and	78270
enforcement of the safety program that is specifically designed	78271
for the construction project that is the subject of the	78272
application.	78273

A self-insuring employer whose application is granted under	78274
division (O) of this section shall employ an ombudsperson for the	78275
construction project that is the subject of the application. The	78276
ombudsperson shall have experience in workers' compensation or the	78277
construction industry, or both. The ombudsperson shall perform all	78278
of the following duties:	78279

(1) Communicate with and provide information to employees who	78280
are injured in the course of, or whose injury arises out of	78281
employment on the construction project, or who contract an	78282
occupational disease in the course of employment on the	78283
construction project;	78284

(2) Investigate the status of a claim upon the request of an	78285
employee to do so;	78286

(3) Provide information to claimants, third party	78287
administrators, employers, and other persons to assist those	78288
persons in protecting their rights under this chapter and Chapter	78289
4121. of the Revised Code.	78290

A self-insuring employer whose application is granted under	78291
division (O) of this section shall post the name of the safety	78292
professional and the ombudsperson and instructions for contacting	78293
the safety professional and the ombudsperson in a conspicuous	78294
place at the site of the construction project.	78295

(Q) The administrator may consider all of the following when	78296
deciding whether to grant a self-insuring employer the privilege	78297
to self-insure a construction project as provided under division	78298
(O) of this section:	78299

(1) Whether the self-insuring employer has an organizational	78300
plan for the administration of the workers' compensation law;	78301

(2) Whether the safety program that is specifically designed	78302
for the construction project provides for the safety of employees	78303
employed on the construction project, is applicable to all	78304
contractors and subcontractors who perform labor or work or	78305
provide materials for the construction project, and has as a	78306
component, a safety training program that complies with standards	78307
adopted pursuant to the "Occupational Safety and Health Act of	78308
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	78309
management and employee involvement;	78310

(3) Whether granting the privilege to self-insure the	78311
construction project will reduce the costs of the construction	78312
project;	78313

(4) Whether the self-insuring employer has employed an	78314
ombudsperson as required under division (P) of this section;	78315

(5) Whether the self-insuring employer has sufficient surety	78316
to secure the payment of claims for which the self-insuring	78317
employer would be responsible pursuant to the granting of the	78318
privilege to self-insure a construction project under division (O)	78319
of this section.	78320

(R) As used in divisions (O), (P), and (Q), "self-insuring	78321
employer" includes the following employers, whether or not they	78322
have been granted the status of being a self-insuring employer	78323
under division (B) of this section:	78324

(1) A state institution of higher education;

78325

(2) A school district;

78326

(3) A county school financing district;

78327

(4) An educational service center;

78328

(5) A community school established under Chapter 3314. of the	78329
Revised Code;	78330

(6) A municipal power agency as defined in section 3734.058	78331
of the Revised Code.	78332

(S) As used in this section:

78333

(1) "Unvoted debt capacity" means the amount of money that a	78334
public employer may borrow without voter approval of a tax levy;	78335

(2) "State institution of higher education" means the state	78336
universities listed in section 3345.011 of the Revised Code,	78337
community colleges created pursuant to Chapter 3354. of the	78338
Revised Code, university branches created pursuant to Chapter	78339
3355. of the Revised Code, technical colleges created pursuant to	78340
Chapter 3357. of the Revised Code, and state community colleges	78341
created pursuant to Chapter 3358. of the Revised Code.	78342

Sec. 4123.41. (A) By the first day of January of each year,	78343
the bureau of workers' compensation shall furnish to the county	78344
auditor of each county and the chief fiscal officer of each taxing	78345
district in a county and of each district activity and institution	78346
mentioned in section 4123.39 of the Revised Code forms containing	78347
the premium rates applicable to the county, district, district	78348
activity, or institution as an employer, on which to report the	78349
amount of money expended by the county, district, district	78350
activity, or institution during the previous twelve calendar	78351
months for the services of employees under this chapter.	78352

(B) Each county auditor and each fiscal officer of a	78353
district, district activity, and institution shall calculate on	78354
the form it receives from the bureau under division (A) of this	78355
section the premium due as its proper contribution to the public	78356
insurance fund and issue a warrant in favor of the bureau for the	78357
amount due from the county, district, district activity, or	78358
institution to the public insurance fund according to the	78359
following schedule:	78360

(1) On or before the fifteenth day of May of each year, no	78361
less than forty-five per cent of the amount due;	78362

(2) On or before the first day of September of each year, no	78363
less than the total amount due.	78364

(C) The legislative body of any county, district, district	78365
activity, or institution may reimburse the fund from which the	78366
workers' compensation payments are made by transferring to the	78367
fund from any other fund of the county, district, district	78368
activity, or institution, the proportionate amount of the payments	78369
that should be chargeable to the fund, whether the fund is derived	78370
from taxation or otherwise. The proportionate amount of the	78371
payments chargeable to the fund may be based on payroll, relative	78372
exposure, relative loss experience, or any combination of these	78373
factors, as determined by the legislative body.	78374

(1) The workers' compensation program payments of any county,	78375
district, district activity, or institution may include all	78376
payments required by any bureau of workers' compensation rating	78377
plan.	78378

(2) The workers' compensation program payments of any county,	78379
district, district activity, or institution, except for a county	78380
board of developmental disabilities, a board of alcohol, drug	78381
addiction, and mental health services, a board of mental health	78382
services, and a board of alcohol and drug addiction services, also	78383
may include any of the following:	78384

(a) Direct administrative costs incurred in the management of	78385
the county, district, district activity, or institution's workers'	78386
compensation program;	78387

(b) Indirect costs that are necessary and reasonable for the	78388
proper and efficient administration of the workers' compensation	78389
program as documented in a cost allocation plan. The indirect cost	78390
plan shall conform to the United States office of management and	78391
budget circular A-87 "cost principles for state and local	78392
governments," 2 C.F.R. 225, as most recently amended on May 10,	78393
2004. The plan shall not authorize payment from the fund of any	78394
general government expense required to carry out the overall	78395
governmental responsibilities.	78396

(3) Within sixty days before a legislative body changes the	78397
method used for calculating the proportionate amount of the	78398
payments chargeable to the fund, it shall notify, consult with,	78399
and give information supporting the change to any elected official	78400
affected by the change. A transfer made pursuant to division	78401
(B)(2) of this section is not subject to section 5705.16 of the	78402
Revised Code.	78403

(D) Any county board of developmental disabilities, board of	78404
alcohol, drug addiction, and mental health services, board of	78405
mental health services, or board of alcohol and drug addiction	78406
services whose workers' compensation payments, on or before ~~the~~	78407
~~effective date of this section~~September 28, 2012, includes costs	78408
referred to in division (C)(2) of this section may continue to do	78409
so on and after ~~the effective date of this amendment~~September	78410
28, 2012.	78411

(E) The bureau may investigate the correctness of the	78412
information provided by the county auditor and chief fiscal	78413
officer under division (B) of this section, and if the bureau	78414
determines at any time that the county, district, district	78415
activity, or institution has not reported the correct information,	78416
the administrator of workers' compensation may make deductions or	78417
additions as the facts warrant and take those facts into	78418
consideration in determining the current or future contributions	78419
to be made by the county, district, district activity, or	78420
institution. If the county, district, district activity, or	78421
institution does not furnish the report in the time required by	78422
this section, the administrator may fix the amount of contribution	78423
the county, district, district activity, or institution must make	78424
and certify that amount for payment.	78425

(F) The administrator shall provide a discount to any county,	78426
district, district activity, or institution that pays its total	78427
amount due to the public insurance fund on or before the fifteenth	78428
day of May of each year as its proper contribution for premiums.	78429
The administrator shall base the discount provided under this	78430
division on the savings generated by the early payment to the	78431
public insurance fund. The administrator may provide the discount	78432
through a refund to the county, district, district activity, or	78433
institution or an offset against the future contributions due to	78434
the public insurance fund from the county, district, district	78435
activity, or institution.	78436

(G) The administrator may impose an interest penalty for late	78437
payment of any amount due from a county, district, district	78438
activity, and institution at the interest rate established by the	78439
state tax commissioner pursuant to section 5703.47 of the Revised	78440
Code.	78441

(H) If the administrator adopts rules for the prospective	78442
payment of premium as permitted under section 4123.322 of the	78443
Revised Code, every employer mentioned in division (B)(1) of	78444
section 4123.01 of the Revised Code, except for a state agency or	78445
a state university or college as defined in section 4123.32 of the	78446
Revised Code, shall pay into the state insurance fund the amount	78447
of premium the administrator fixes for the employment or	78448
occupation of the employer, the amount of which premium to be paid	78449
by each employer to be determined by the classifications, rules,	78450
and rates made and published by the administrator and based upon	78451
the estimates and reconciliations required by the rules the	78452
administrator adopts under section 4123.322 of the Revised Code.	78453

Sec. 4123.54. (A) Except as otherwise provided in divisions	78454
(I) and (K) of this section, every employee, who is injured or who	78455
contracts an occupational disease, and the dependents of each	78456
employee who is killed, or dies as the result of an occupational	78457
disease contracted in the course of employment, wherever such	78458
injury has occurred or occupational disease has been contracted,	78459
provided the same were not:	78460

(1) Purposely self-inflicted; or

78461

(2) Caused by the employee being intoxicated or under the	78462
influence of a controlled substance not prescribed by a physician	78463
where the intoxication or being under the influence of the	78464
controlled substance not prescribed by a physician was the	78465
proximate cause of the injury, is entitled to receive, either	78466
directly from the employee's self-insuring employer as provided in	78467
section 4123.35 of the Revised Code, or from the state insurance	78468
fund, the compensation for loss sustained on account of the	78469
injury, occupational disease, or death, and the medical, nurse,	78470
and hospital services and medicines, and the amount of funeral	78471
expenses in case of death, as are provided by this chapter.	78472

(B) For the purpose of this section, provided that an	78473
employer has posted written notice to employees that the results	78474
of, or the employee's refusal to submit to, any chemical test	78475
described under this division may affect the employee's	78476
eligibility for compensation and benefits pursuant to this chapter	78477
and Chapter 4121. of the Revised Code, there is a rebuttable	78478
presumption that an employee is intoxicated or under the influence	78479
of a controlled substance not prescribed by the employee's	78480
physician and that being intoxicated or under the influence of a	78481
controlled substance not prescribed by the employee's physician is	78482
the proximate cause of an injury under either of the following	78483
conditions:	78484

(1) When any one or more of the following is true:

78485

(a) The employee, through a qualifying chemical test	78486
administered within eight hours of an injury, is determined to	78487
have an alcohol concentration level equal to or in excess of the	78488
levels established in divisions (A)(1)(b) to (i) of section	78489
4511.19 of the Revised Code;	78490

(b) The employee, through a qualifying chemical test	78491
administered within thirty-two hours of an injury, is determined	78492
to have one of the following controlled substances not prescribed	78493
by the employee's physician in the employee's system that tests	78494
above the following levels in an enzyme multiplied immunoassay	78495
technique screening test and above the levels established in	78496
division (B)(1)(c) of this section in a gas chromatography mass	78497
spectrometry test:	78498

(i) For amphetamines, one thousand nanograms per milliliter	78499
of urine;	78500

(ii) For cannabinoids, fifty nanograms per milliliter of	78501
urine;	78502

(iii) For cocaine, including crack cocaine, three hundred	78503
nanograms per milliliter of urine;	78504

(iv) For opiates, two thousand nanograms per milliliter of	78505
urine;	78506

(v) For phencyclidine, twenty-five nanograms per milliliter	78507
of urine.	78508

(c) The employee, through a qualifying chemical test	78509
administered within thirty-two hours of an injury, is determined	78510
to have one of the following controlled substances not prescribed	78511
by the employee's physician in the employee's system that tests	78512
above the following levels by a gas chromatography mass	78513
spectrometry test:	78514

(i) For amphetamines, five hundred nanograms per milliliter	78515
of urine;	78516

(ii) For cannabinoids, fifteen nanograms per milliliter of	78517
urine;	78518

(iii) For cocaine, including crack cocaine, one hundred fifty	78519
nanograms per milliliter of urine;	78520

(iv) For opiates, two thousand nanograms per milliliter of	78521
urine;	78522

(v) For phencyclidine, twenty-five nanograms per milliliter	78523
of urine.	78524

(d) The employee, through a qualifying chemical test	78525
administered within thirty-two hours of an injury, is determined	78526
to have barbiturates, benzodiazepines, methadone, or propoxyphene	78527
in the employee's system that tests above levels established by	78528
laboratories certified by the United States department of health	78529
and human services.	78530

(2) When the employee refuses to submit to a requested	78531
chemical test, on the condition that that employee is or was given	78532
notice that the refusal to submit to any chemical test described	78533
in division (B)(1) of this section may affect the employee's	78534
eligibility for compensation and benefits under this chapter and	78535
Chapter 4121. of the Revised Code.	78536

(C)(1) For purposes of division (B) of this section, a	78537
chemical test is a qualifying chemical test if it is administered	78538
to an employee after an injury under at least one of the following	78539
conditions:	78540

(a) When the employee's employer had reasonable cause to	78541
suspect that the employee may be intoxicated or under the	78542
influence of a controlled substance not prescribed by the	78543
employee's physician;	78544

(b) At the request of a police officer pursuant to section	78545
4511.191 of the Revised Code, and not at the request of the	78546
employee's employer;	78547

(c) At the request of a licensed physician who is not	78548
employed by the employee's employer, and not at the request of the	78549
employee's employer.	78550

(2) As used in division (C)(1)(a) of this section,	78551
"reasonable cause" means, but is not limited to, evidence that an	78552
employee is or was using alcohol or a controlled substance drawn	78553
from specific, objective facts and reasonable inferences drawn	78554
from these facts in light of experience and training. These facts	78555
and inferences may be based on, but are not limited to, any of the	78556
following:	78557

(a) Observable phenomena, such as direct observation of use,	78558
possession, or distribution of alcohol or a controlled substance,	78559
or of the physical symptoms of being under the influence of	78560
alcohol or a controlled substance, such as but not limited to	78561
slurred speech, dilated pupils, odor of alcohol or a controlled	78562
substance, changes in affect, or dynamic mood swings;	78563

(b) A pattern of abnormal conduct, erratic or aberrant	78564
behavior, or deteriorating work performance such as frequent	78565
absenteeism, excessive tardiness, or recurrent accidents, that	78566
appears to be related to the use of alcohol or a controlled	78567
substance, and does not appear to be attributable to other	78568
factors;	78569

(c) The identification of an employee as the focus of a	78570
criminal investigation into unauthorized possession, use, or	78571
trafficking of a controlled substance;	78572

(d) A report of use of alcohol or a controlled substance	78573
provided by a reliable and credible source;	78574

(e) Repeated or flagrant violations of the safety or work	78575
rules of the employee's employer, that are determined by the	78576
employee's supervisor to pose a substantial risk of physical	78577
injury or property damage and that appear to be related to the use	78578
of alcohol or a controlled substance and that do not appear	78579
attributable to other factors.	78580

(D) Nothing in this section shall be construed to affect the	78581
rights of an employer to test employees for alcohol or controlled	78582
substance abuse.	78583

(E) For the purpose of this section, laboratories certified	78584
by the United States department of health and human services or	78585
laboratories that meet or exceed the standards of that department	78586
for laboratory certification shall be used for processing the test	78587
results of a qualifying chemical test.	78588

(F) The written notice required by division (B) of this	78589
section shall be the same size or larger than the certificate of	78590
premium payment notice furnished by the bureau of workers'	78591
compensation and shall be posted by the employer in the same	78592
location as the certificate of premium payment notice or the	78593
certificate of self-insurance.	78594

(G) If a condition that pre-existed an injury is	78595
substantially aggravated by the injury, and that substantial	78596
aggravation is documented by objective diagnostic findings,	78597
objective clinical findings, or objective test results, no	78598
compensation or benefits are payable because of the pre-existing	78599
condition once that condition has returned to a level that would	78600
have existed without the injury.	78601

(H)(1) Whenever, with respect to an employee of an employer	78602
who is subject to and has complied with this chapter, there is	78603
possibility of conflict with respect to the application of	78604
workers' compensation laws because the contract of employment is	78605
entered into and all or some portion of the work is or is to be	78606
performed in a state or states other than Ohio, the employer and	78607
the employee may agree to be bound by the laws of this state or by	78608
the laws of some other state in which all or some portion of the	78609
work of the employee is to be performed. The agreement shall be in	78610
writing and shall be filed with the bureau of workers'	78611
compensation within ten days after it is executed and shall remain	78612
in force until terminated or modified by agreement of the parties	78613
similarly filed. If the agreement is to be bound by the laws of	78614
this state and the employer has complied with this chapter, then	78615
the employee is entitled to compensation and benefits regardless	78616
of where the injury occurs or the disease is contracted and the	78617
rights of the employee and the employee's dependents under the	78618
laws of this state are the exclusive remedy against the employer	78619
on account of injury, disease, or death in the course of and	78620
arising out of the employee's employment. If the agreement is to	78621
be bound by the laws of another state and the employer has	78622
complied with the laws of that state, the rights of the employee	78623
and the employee's dependents under the laws of that state are the	78624
exclusive remedy against the employer on account of injury,	78625
disease, or death in the course of and arising out of the	78626
employee's employment without regard to the place where the injury	78627
was sustained or the disease contracted. If an employer and an	78628
employee enter into an agreement under this division, the fact	78629
that the employer and the employee entered into that agreement	78630
shall not be construed to change the status of an employee whose	78631
continued employment is subject to the will of the employer or the	78632
employee, unless the agreement contains a provision that expressly	78633
changes that status.	78634

(2) If any employee or the employee's dependents pursue	78635
workers' compensation benefits or recover damages from the	78636
employer under the laws of another state, the amount awarded or	78637
recovered, whether paid or to be paid in future installments,	78638
shall be credited on the amount of any award of compensation or	78639
benefits made to the employee or the employee's dependents by the	78640
bureau. If an employee or the employee's dependents pursue or	78641
receive an award of compensation or benefits under this chapter or	78642
Chapter 4121., 4127., or 4131. of the Revised Code for the same	78643
injury, occupational disease, or death for which the employee or	78644
the employee's dependents pursued workers' compensation benefits	78645
and received a decision on the merits as defined in section	78646
4123.542 of the Revised Code under the laws of another state or	78647
recovered damages under the laws of another state, the	78648
administrator or any employer, by any lawful means, may collect	78649
the amount of compensation or benefits paid to or on behalf of the	78650
employee or the employee's dependents by the administrator or a	78651
self-insuring employer pursuant to this chapter or Chapter 4121.,	78652
4127., or 4131. of the Revised Code for that award. The	78653
administrator or any employer also may collect from the employee	78654
or the employee's dependents any costs and attorney's fees the	78655
administrator or the employer incurs in collecting that payment	78656
and any attorney's fees, penalties, interest, awards, and costs	78657
incurred by an employer in contesting or responding to any claim	78658
filed by the employee or the employee's dependents for the same	78659
injury, occupational disease, or death that was filed after the	78660
original claim for which the employee or the employee's dependents	78661
received a decision on the merits as described in section 4123.542	78662
of the Revised Code. If the employee's employer pays premiums into	78663
the state insurance fund, the administrator shall not charge the	78664
amount of compensation or benefits the administrator collects	78665
pursuant to this division to the employer's experience. If the	78666
administrator collects any costs, penalties, interest, awards, or	78667
attorney's fees incurred by a state fund employer, the	78668
administrator shall forward the amount of such costs, penalties,	78669
interest, awards, and attorney's fees the administrator collects	78670
to that employer. If the employee's employer is a self-insuring	78671
employer, the self-insuring employer shall deduct the amount of	78672
compensation or benefits the self-insuring employer collects	78673
pursuant to this division from the paid compensation the	78674
self-insuring employer reports to the administrator under division	78675
(L) of section 4123.35 of the Revised Code.	78676

(3) Except as otherwise stipulated in division (H)(4) of this	78677
section, if an employee is a resident of a state other than this	78678
state and is insured under the workers' compensation law or	78679
similar laws of a state other than this state, the employee and	78680
the employee's dependents are not entitled to receive compensation	78681
or benefits under this chapter, on account of injury, disease, or	78682
death arising out of or in the course of employment while	78683
temporarily within this state, and the rights of the employee and	78684
the employee's dependents under the laws of the other state are	78685
the exclusive remedy against the employer on account of the	78686
injury, disease, or death.	78687

(4) Division (H)(3) of this section does not apply to an	78688
employee described in that division, or the employee's dependents,	78689
unless both of the following apply:	78690

(a) The laws of the other state limit the ability of an	78691
employee who is a resident of this state and is covered by this	78692
chapter and Chapter 4123. of the Revised Code, or the employee's	78693
dependents, to receive compensation or benefits under the other	78694
state's workers' compensation law on account of injury, disease,	78695
or death incurred by the employee that arises out of or in the	78696
course of the employee's employment while temporarily within that	78697
state in the same manner as specified in division (H)(3) of this	78698
section for an employee who is a resident of a state other than	78699
this state, or the employee's dependents;	78700

(b) The laws of the other state limit the liability of the	78701
employer of the employee who is a resident of this state and who	78702
is described in division (H)(4)(a) of this section for that	78703
injury, disease, or death, in the same manner specified in	78704
division (H)(3) of this section for the employer of an employee	78705
who is a resident of the other state.	78706

(5) An employee, or the dependent of an employee, who elects	78707
to receive compensation and benefits under this chapter or Chapter	78708
4121., 4127., or 4131. of the Revised Code for a claim may not	78709
receive compensation and benefits under the workers' compensation	78710
laws of any state other than this state for that same claim. For	78711
each claim submitted by or on behalf of an employee, the	78712
administrator or, if the employee is employed by a self-insuring	78713
employer, the self-insuring employer shall request the employee or	78714
the employee's dependent to sign an election that affirms the	78715
employee's or employee's dependent's acceptance of electing to	78716
receive compensation and benefits under this chapter or Chapter	78717
4121., 4127., or 4131. of the Revised Code for that claim that	78718
also affirmatively waives and releases the employee's or the	78719
employee's dependent's right to file for and receive compensation	78720
and benefits under the laws of any state other than this state for	78721
that claim. The employee or employee's dependent shall sign the	78722
election form within twenty-eight days after the administrator or	78723
self-insuring employer submits the request or the administrator or	78724
self-insuring employer shall suspend that claim until the	78725
administrator or self-insuring employer receives the signed	78726
election form.	78727

(I) If an employee who is covered under the federal	78728
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	78729
33 U.S.C. 901 et seq., is injured or contracts an occupational	78730
disease or dies as a result of an injury or occupational disease,	78731
and if that employee's or that employee's dependents' claim for	78732
compensation or benefits for that injury, occupational disease, or	78733
death is subject to the jurisdiction of that act, the employee or	78734
the employee's dependents are not entitled to apply for and shall	78735
not receive compensation or benefits under this chapter and	78736
Chapter 4121. of the Revised Code. The rights of such an employee	78737
and the employee's dependents under the federal "Longshore and	78738
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et	78739
seq., are the exclusive remedy against the employer for that	78740
injury, occupational disease, or death.	78741

(J) Compensation or benefits are not payable to a claimant	78742
during the period of confinement of the claimant in any state or	78743
federal correctional institution, or in any county jail in lieu of	78744
incarceration in a state or federal correctional institution,	78745
whether in this or any other state for conviction of violation of	78746
any state or federal criminal law.	78747

(K)(1) An employer, upon the approval of the administrator,	78748
may provide for workers' compensation coverage for the employer's	78749
employees who are professional athletes and coaches by submitting	78750
to the administrator proof of coverage under a league policy	78751
issued under the laws of another state under either of the	78752
following circumstances:	78753

~~(1)~~(a) The employer administers the payroll and workers'	78754
compensation insurance for a professional sports team subject to a	78755
collective bargaining agreement, and the collective bargaining	78756
agreement provides for the uniform administration of workers'	78757
compensation benefits and compensation for professional athletes.	78758

~~(2)~~(b) The employer is a professional sports league, or is a	78759
member team of a professional sports league, and all of the	78760
following apply:	78761

~~(a)~~(i) The professional sports league operates as a single	78762
entity, whereby all of the players and coaches of the sports	78763
league are employees of the sports league and not of the	78764
individual member teams.	78765

~~(b)~~(ii) The professional sports league at all times maintains	78766
workers' compensation insurance that provides coverage for the	78767
players and coaches of the sports league.	78768

~~(c)~~(iii) Each individual member team of the professional	78769
sports league, pursuant to the organizational or operating	78770
documents of the sports league, is obligated to the sports league	78771
to pay to the sports league any workers' compensation claims that	78772
are not covered by the workers' compensation insurance maintained	78773
by the sports league.	78774

(2) If the administrator approves the employer's proof of	78775
coverage submitted under division (K)(1) of this section, a	78776
professional athlete or coach who is an employee of the employer	78777
and the dependents of the professional athlete or coach are not	78778
entitled to apply for and shall not receive compensation or	78779
benefits under this chapter and Chapter 4121. of the Revised Code.	78780
The rights of such an athlete or coach and the dependents of such	78781
an athlete or coach under the laws of the state where the policy	78782
was issued are the exclusive remedy against the employer for the	78783
athlete or coach if the athlete or coach suffers an injury or	78784
contracts an occupational disease in the course of employment, or	78785
for the dependents of the athlete or the coach if the athlete or	78786
coach is killed as a result of an injury or dies as a result of an	78787
occupational disease, regardless of the location where the injury	78788
was suffered or the occupational disease was contracted.	78789

(3) If an actuary employed by the administrator determines	78790
that, with respect to an employer whose proof of coverage	78791
submitted pursuant to division (K)(1) of this section is approved	78792
by the administrator, the amount of the liability of the employer	78793
for the employer's proportionate share of any deficit in the state	78794
insurance fund is greater than two hundred thousand dollars as of	78795
the date the administrator approves the proof of coverage, the	78796
administrator shall establish a payment schedule not to exceed	78797
seven years after the date the administrator approves the coverage	78798
to allow the employer to buy out of the state insurance fund.	78799

Sec. 4123.57. Partial disability compensation shall be paid	78800
as follows.	78801

Except as provided in this section, not earlier than	78802
twenty-six weeks after the date of termination of the latest	78803
period of payments under section 4123.56 of the Revised Code, or	78804
not earlier than twenty-six weeks after the date of the injury or	78805
contraction of an occupational disease in the absence of payments	78806
under section 4123.56 of the Revised Code, the employee may file	78807
an application with the bureau of workers' compensation for the	78808
determination of the percentage of the employee's permanent	78809
partial disability resulting from an injury or occupational	78810
disease.	78811

Whenever the application is filed, the bureau shall send a	78812
copy of the application to the employee's employer or the	78813
employer's representative and shall schedule the employee for a	78814
medical examination by the bureau medical section. The bureau	78815
shall send a copy of the report of the medical examination to the	78816
employee, the employer, and their representatives. Thereafter, the	78817
administrator of workers' compensation shall review the employee's	78818
claim file and make a tentative order as the evidence before the	78819
administrator at the time of the making of the order warrants. If	78820
the administrator determines that there is a conflict of evidence,	78821
the administrator shall send the application, along with the	78822
claimant's file, to the district hearing officer who shall set the	78823
application for a hearing.	78824

The administrator shall notify the employee, the employer,	78825
and their representatives, in writing, of the tentative order and	78826
of the parties' right to request a hearing. Unless the employee,	78827
the employer, or their representative notifies the administrator,	78828
in writing, of an objection to the tentative order within twenty	78829
days after receipt of the notice thereof, the tentative order	78830
shall go into effect and the employee shall receive the	78831
compensation provided in the order. In no event shall there be a	78832
reconsideration of a tentative order issued under this division.	78833

If the employee, the employer, or their representatives	78834
timely notify the administrator of an objection to the tentative	78835
order, the matter shall be referred to a district hearing officer	78836
who shall set the application for hearing with written notices to	78837
all interested persons. Upon referral to a district hearing	78838
officer, the employer may obtain a medical examination of the	78839
employee, pursuant to rules of the industrial commission.	78840

(A) The district hearing officer, upon the application, shall	78841
determine the percentage of the employee's permanent disability,	78842
except as is subject to division (B) of this section, based upon	78843
that condition of the employee resulting from the injury or	78844
occupational disease and causing permanent impairment evidenced by	78845
medical or clinical findings reasonably demonstrable. The employee	78846
shall receive sixty-six and two-thirds per cent of the employee's	78847
average weekly wage, but not more than a maximum of thirty-three	78848
and one-third per cent of the statewide average weekly wage as	78849
defined in division (C) of section 4123.62 of the Revised Code,	78850
per week regardless of the average weekly wage, for the number of	78851
weeks which equals the percentage of two hundred weeks. Except on	78852
application for reconsideration, review, or modification, which is	78853
filed within ten days after the date of receipt of the decision of	78854
the district hearing officer, in no instance shall the former	78855
award be modified unless it is found from medical or clinical	78856
findings that the condition of the claimant resulting from the	78857
injury has so progressed as to have increased the percentage of	78858
permanent partial disability. A staff hearing officer shall hear	78859
an application for reconsideration filed and the staff hearing	78860
officer's decision is final. An employee may file an application	78861
for a subsequent determination of the percentage of the employee's	78862
permanent disability. If such an application is filed, the bureau	78863
shall send a copy of the application to the employer or the	78864
employer's representative. No sooner than sixty days from the date	78865
of the mailing of the application to the employer or the	78866
employer's representative, the administrator shall review the	78867
application. The administrator may require a medical examination	78868
or medical review of the employee. The administrator shall issue a	78869
tentative order based upon the evidence before the administrator,	78870
provided that if the administrator requires a medical examination	78871
or medical review, the administrator shall not issue the tentative	78872
order until the completion of the examination or review.	78873

The employer may obtain a medical examination of the employee	78874
and may submit medical evidence at any stage of the process up to	78875
a hearing before the district hearing officer, pursuant to rules	78876
of the commission. The administrator shall notify the employee,	78877
the employer, and their representatives, in writing, of the nature	78878
and amount of any tentative order issued on an application	78879
requesting a subsequent determination of the percentage of an	78880
employee's permanent disability. An employee, employer, or their	78881
representatives may object to the tentative order within twenty	78882
days after the receipt of the notice thereof. If no timely	78883
objection is made, the tentative order shall go into effect. In no	78884
event shall there be a reconsideration of a tentative order issued	78885
under this division. If an objection is timely made, the	78886
application for a subsequent determination shall be referred to a	78887
district hearing officer who shall set the application for a	78888
hearing with written notice to all interested persons. No	78889
application for subsequent percentage determinations on the same	78890
claim for injury or occupational disease shall be accepted for	78891
review by the district hearing officer unless supported by	78892
substantial evidence of new and changed circumstances developing	78893
since the time of the hearing on the original or last	78894
determination.	78895

No award shall be made under this division based upon a	78896
percentage of disability which, when taken with all other	78897
percentages of permanent disability, exceeds one hundred per cent.	78898
If the percentage of the permanent disability of the employee	78899
equals or exceeds ninety per cent, compensation for permanent	78900
partial disability shall be paid for two hundred weeks.	78901

Compensation payable under this division accrues and is	78902
payable to the employee from the date of last payment of	78903
compensation, or, in cases where no previous compensation has been	78904
paid, from the date of the injury or the date of the diagnosis of	78905
the occupational disease.	78906

When an award under this division has been made prior to the	78907
death of an employee, all unpaid installments accrued or to accrue	78908
under the provisions of the award are payable to the surviving	78909
spouse, or if there is no surviving spouse, to the dependent	78910
children of the employee, and if there are no children surviving,	78911
then to other dependents as the administrator determines.	78912

(B) For purposes of this division, "payable per week" means	78913
the seven-consecutive-day period in which compensation is paid in	78914
installments according to the schedule associated with the	78915
applicable injury as set forth in this division.	78916

Compensation paid in weekly installments according to the	78917
schedule described in this division may only be commuted to one or	78918
more ~~lump-sum~~lump sum payments pursuant to the procedure set	78919
forth in section 4123.64 of the Revised Code.	78920

In cases included in the following schedule the compensation	78921
payable per week to the employee is the statewide average weekly	78922
wage as defined in division (C) of section 4123.62 of the Revised	78923
Code per week and shall be paid in installments according to the	78924
following schedule:	78925

For the loss of a first finger, commonly known as a thumb,	78926
sixty weeks.	78927

For the loss of a second finger, commonly called index	78928
finger, thirty-five weeks.	78929

For the loss of a third finger, thirty weeks.

78930

For the loss of a fourth finger, twenty weeks.

78931

For the loss of a fifth finger, commonly known as the little	78932
finger, fifteen weeks.	78933

The loss of a second, or distal, phalange of the thumb is	78934
considered equal to the loss of one half of such thumb; the loss	78935
of more than one half of such thumb is considered equal to the	78936
loss of the whole thumb.	78937

The loss of the third, or distal, phalange of any finger is	78938
considered equal to the loss of one-third of the finger.	78939

The loss of the middle, or second, phalange of any finger is	78940
considered equal to the loss of two-thirds of the finger.	78941

The loss of more than the middle and distal phalanges of any	78942
finger is considered equal to the loss of the whole finger. In no	78943
case shall the amount received for more than one finger exceed the	78944
amount provided in this schedule for the loss of a hand.	78945

For the loss of the metacarpal bone (bones of the palm) for	78946
the corresponding thumb, or fingers, add ten weeks to the number	78947
of weeks under this division.	78948

For ankylosis (total stiffness of) or contractures (due to	78949
scars or injuries) which makes any of the fingers, thumbs, or	78950
parts of either useless, the same number of weeks apply to the	78951
members or parts thereof as given for the loss thereof.	78952

If the claimant has suffered the loss of two or more fingers	78953
by amputation or ankylosis and the nature of the claimant's	78954
employment in the course of which the claimant was working at the	78955
time of the injury or occupational disease is such that the	78956
handicap or disability resulting from the loss of fingers, or loss	78957
of use of fingers, exceeds the normal handicap or disability	78958
resulting from the loss of fingers, or loss of use of fingers, the	78959
administrator may take that fact into consideration and increase	78960
the award of compensation accordingly, but the award made shall	78961
not exceed the amount of compensation for loss of a hand.	78962

For the loss of a hand, one hundred seventy-five weeks.

78963

For the loss of an arm, two hundred twenty-five weeks.

78964

For the loss of a great toe, thirty weeks.

78965

For the loss of one of the toes other than the great toe, ten	78966
weeks.	78967

The loss of more than two-thirds of any toe is considered	78968
equal to the loss of the whole toe.	78969

The loss of less than two-thirds of any toe is considered no	78970
loss, except as to the great toe; the loss of the great toe up to	78971
the interphalangeal joint is co-equal to the loss of one-half of	78972
the great toe; the loss of the great toe beyond the	78973
interphalangeal joint is considered equal to the loss of the whole	78974
great toe.	78975

For the loss of a foot, one hundred fifty weeks.

78976

For the loss of a leg, two hundred weeks.

78977

For the loss of the sight of an eye, one hundred twenty-five	78978
weeks.	78979

For the permanent partial loss of sight of an eye, the	78980
portion of one hundred twenty-five weeks as the administrator in	78981
each case determines, based upon the percentage of vision actually	78982
lost as a result of the injury or occupational disease, but, in no	78983
case shall an award of compensation be made for less than	78984
twenty-five per cent loss of uncorrected vision. "Loss of	78985
uncorrected vision" means the percentage of vision actually lost	78986
as the result of the injury or occupational disease.	78987

For the permanent and total loss of hearing of one ear,	78988
twenty-five weeks; but in no case shall an award of compensation	78989
be made for less than permanent and total loss of hearing of one	78990
ear.	78991

For the permanent and total loss of hearing, one hundred	78992
twenty-five weeks; but, except pursuant to the next preceding	78993
paragraph, in no case shall an award of compensation be made for	78994
less than permanent and total loss of hearing.	78995

In case an injury or occupational disease results in serious	78996
facial or head disfigurement which either impairs or may in the	78997
future impair the opportunities to secure or retain employment,	78998
the administrator shall make an award of compensation as it deems	78999
proper and equitable, in view of the nature of the disfigurement,	79000
and not to exceed the sum of ten thousand dollars. For the purpose	79001
of making the award, it is not material whether the employee is	79002
gainfully employed in any occupation or trade at the time of the	79003
administrator's determination.	79004

When an award under this division has been made prior to the	79005
death of an employee all unpaid installments accrued or to accrue	79006
under the provisions of the award shall be payable to the	79007
surviving spouse, or if there is no surviving spouse, to the	79008
dependent children of the employee and if there are no such	79009
children, then to such dependents as the administrator determines.	79010

When an employee has sustained the loss of a member by	79011
severance, but no award has been made on account thereof prior to	79012
the employee's death, the administrator shall make an award in	79013
accordance with this division for the loss which shall be payable	79014
to the surviving spouse, or if there is no surviving spouse, to	79015
the dependent children of the employee and if there are no such	79016
children, then to such dependents as the administrator determines.	79017

(C) Compensation for partial impairment under divisions (A)	79018
and (B) of this section is in addition to the compensation paid	79019
the employee pursuant to section 4123.56 of the Revised Code. A	79020
claimant may receive compensation under divisions (A) and (B) of	79021
this section.	79022

In all cases arising under division (B) of this section, if	79023
it is determined by any one of the following: (1) the amputee	79024
clinic at University hospital, Ohio state university; (2) the	79025
~~rehabilitation services commission~~opportunities for Ohioans with	79026
disabilities agency; (3) an amputee clinic or prescribing	79027
physician approved by the administrator or the administrator's	79028
designee, that an injured or disabled employee is in need of an	79029
artificial appliance, or in need of a repair thereof, regardless	79030
of whether the appliance or its repair will be serviceable in the	79031
vocational rehabilitation of the injured employee, and regardless	79032
of whether the employee has returned to or can ever again return	79033
to any gainful employment, the bureau shall pay the cost of the	79034
artificial appliance or its repair out of the surplus created by	79035
division (B) of section 4123.34 of the Revised Code.	79036

In those cases where ~~a rehabilitation services commission~~an	79037
opportunities for Ohioans with disabilities agency recommendation	79038
that an injured or disabled employee is in need of an artificial	79039
appliance would conflict with their state plan, adopted pursuant	79040
to the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	79041
701, the administrator or the administrator's designee or the	79042
bureau may obtain a recommendation from an amputee clinic or	79043
prescribing physician that they determine appropriate.	79044

(D) If an employee of a state fund employer makes application	79045
for a finding and the administrator finds that the employee has	79046
contracted silicosis as defined in division (X), or coal miners'	79047
pneumoconiosis as defined in division (Y), or asbestosis as	79048
defined in division (AA) of section 4123.68 of the Revised Code,	79049
and that a change of such employee's occupation is medically	79050
advisable in order to decrease substantially further exposure to	79051
silica dust, asbestos, or coal dust and if the employee, after the	79052
finding, has changed or shall change the employee's occupation to	79053
an occupation in which the exposure to silica dust, asbestos, or	79054
coal dust is substantially decreased, the administrator shall	79055
allow to the employee an amount equal to fifty per cent of the	79056
statewide average weekly wage per week for a period of thirty	79057
weeks, commencing as of the date of the discontinuance or change,	79058
and for a period of one hundred weeks immediately following the	79059
expiration of the period of thirty weeks, the employee shall	79060
receive sixty-six and two-thirds per cent of the loss of wages	79061
resulting directly and solely from the change of occupation but	79062
not to exceed a maximum of an amount equal to fifty per cent of	79063
the statewide average weekly wage per week. No such employee is	79064
entitled to receive more than one allowance on account of	79065
discontinuance of employment or change of occupation and benefits	79066
shall cease for any period during which the employee is employed	79067
in an occupation in which the exposure to silica dust, asbestos,	79068
or coal dust is not substantially less than the exposure in the	79069
occupation in which the employee was formerly employed or for any	79070
period during which the employee may be entitled to receive	79071
compensation or benefits under section 4123.68 of the Revised Code	79072
on account of disability from silicosis, asbestosis, or coal	79073
miners' pneumoconiosis. An award for change of occupation for a	79074
coal miner who has contracted coal miners' pneumoconiosis may be	79075
granted under this division even though the coal miner continues	79076
employment with the same employer, so long as the coal miner's	79077
employment subsequent to the change is such that the coal miner's	79078
exposure to coal dust is substantially decreased and a change of	79079
occupation is certified by the claimant as permanent. The	79080
administrator may accord to the employee medical and other	79081
benefits in accordance with section 4123.66 of the Revised Code.	79082

(E) If a firefighter or police officer makes application for	79083
a finding and the administrator finds that the firefighter or	79084
police officer has contracted a cardiovascular and pulmonary	79085
disease as defined in division (W) of section 4123.68 of the	79086
Revised Code, and that a change of the firefighter's or police	79087
officer's occupation is medically advisable in order to decrease	79088
substantially further exposure to smoke, toxic gases, chemical	79089
fumes, and other toxic vapors, and if the firefighter, or police	79090
officer, after the finding, has changed or changes occupation to	79091
an occupation in which the exposure to smoke, toxic gases,	79092
chemical fumes, and other toxic vapors is substantially decreased,	79093
the administrator shall allow to the firefighter or police officer	79094
an amount equal to fifty per cent of the statewide average weekly	79095
wage per week for a period of thirty weeks, commencing as of the	79096
date of the discontinuance or change, and for a period of	79097
seventy-five weeks immediately following the expiration of the	79098
period of thirty weeks the administrator shall allow the	79099
firefighter or police officer sixty-six and two-thirds per cent of	79100
the loss of wages resulting directly and solely from the change of	79101
occupation but not to exceed a maximum of an amount equal to fifty	79102
per cent of the statewide average weekly wage per week. No such	79103
firefighter or police officer is entitled to receive more than one	79104
allowance on account of discontinuance of employment or change of	79105
occupation and benefits shall cease for any period during which	79106
the firefighter or police officer is employed in an occupation in	79107
which the exposure to smoke, toxic gases, chemical fumes, and	79108
other toxic vapors is not substantially less than the exposure in	79109
the occupation in which the firefighter or police officer was	79110
formerly employed or for any period during which the firefighter	79111
or police officer may be entitled to receive compensation or	79112
benefits under section 4123.68 of the Revised Code on account of	79113
disability from a cardiovascular and pulmonary disease. The	79114
administrator may accord to the firefighter or police officer	79115
medical and other benefits in accordance with section 4123.66 of	79116
the Revised Code.	79117

(F) An order issued under this section is appealable pursuant	79118
to section 4123.511 of the Revised Code but is not appealable to	79119
court under section 4123.512 of the Revised Code.	79120

Sec. 4123.93. As used in sections 4123.93 and 4123.931 of	79121
the Revised Code:	79122

(A) "Claimant" means a person who is eligible to receive	79123
compensation, medical benefits, or death benefits under this	79124
chapter or Chapter 4121., 4127., or 4131. of the Revised Code.	79125

(B) "Statutory subrogee" means the administrator of workers'	79126
compensation, a self-insuring employer, or an employer that	79127
contracts for the direct payment of medical services pursuant to	79128
division ~~(L)~~(P) of section 4121.44 of the Revised Code.	79129

(C) "Third party" means an individual, private insurer,	79130
public or private entity, or public or private program that is or	79131
may be liable to make payments to a person without regard to any	79132
statutory duty contained in this chapter or Chapter 4121., 4127.,	79133
or 4131. of the Revised Code.	79134

(D) "Subrogation interest" includes past, present, and	79135
estimated future payments of compensation, medical benefits,	79136
rehabilitation costs, or death benefits, and any other costs or	79137
expenses paid to or on behalf of the claimant by the statutory	79138
subrogee pursuant to this chapter or Chapter 4121., 4127., or	79139
4131. of the Revised Code.	79140

(E) "Net amount recovered" means the amount of any award,	79141
settlement, compromise, or recovery by a claimant against a third	79142
party, minus the attorney's fees, costs, or other expenses	79143
incurred by the claimant in securing the award, settlement,	79144
compromise, or recovery. "Net amount recovered" does not include	79145
any punitive damages that may be awarded by a judge or jury.	79146

(F) "Uncompensated damages" means the claimant's demonstrated	79147
or proven damages minus the statutory subrogee's subrogation	79148
interest.	79149

Sec. 4131.03. (A) For the relief of persons who are entitled	79150
to receive benefits by virtue of the federal act, there is hereby	79151
established a coal-workers pneumoconiosis fund, which shall be	79152
separate from the funds established and administered pursuant to	79153
Chapter 4123. of the Revised Code. The fund shall consist of	79154
premiums and other payments thereto by subscribers who elect to	79155
subscribe to the fund to insure the payment of benefits required	79156
by the federal act.	79157

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	79158
custody of the treasurer of state. The bureau of workers'	79159
compensation shall make disbursements from the fund to those	79160
persons entitled to payment therefrom and in the amounts required	79161
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	79162
investment earnings of the fund shall be credited to the fund.	79163

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	79164
~~director of natural resources annually may request the~~	79165
~~administrator of workers' compensation to transfer a portion of~~	79166
~~the investment earnings credited to the coal-workers~~	79167
~~pneumoconiosis fund as provided in this division. If the~~	79168
~~administrator receives a request from the director, the~~	79169
~~administrator, on the first day of July, or as soon as possible~~	79170
~~after that date, shall transfer from the investment earnings~~	79171
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	79172
~~exceed three million dollars to the mine safety fund created in~~	79173
~~section 1561.24 of the Revised Code for the purposes specified in~~	79174
~~that section and an amount not to exceed one million five hundred~~	79175
~~thousand dollars to the coal mining administration and reclamation~~	79176
~~reserve fund created in section 1513.181 of the Revised Code for~~	79177
~~the purposes specified in that section. The administrator, with~~	79178
~~the advice and consent of the bureau of workers' compensation~~	79179
~~board of directors, shall adopt rules governing the transfer in~~	79180
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	79181
~~fund. For that purpose, the rules may establish tests based on~~	79182
~~measures of net assets, liabilities, expenses, interest, dividend~~	79183
~~income, or other factors that the administrator determines~~	79184
~~appropriate that may be applied prior to a transfer.~~	79185

(C) The administrator shall have the same powers to invest	79186
any of the surplus or reserve belonging to the coal-workers	79187
pneumoconiosis fund as are delegated to the administrator under	79188
section 4123.44 of the Revised Code with respect to the state	79189
insurance fund.	79190

(D) If the administrator determines that reinsurance of the	79191
risks of the coal-workers pneumoconiosis fund is necessary to	79192
assure solvency of the fund, the administrator may:	79193

(1) Enter into contracts for the purchase of reinsurance	79194
coverage of the risks of the fund with any company or agency	79195
authorized by law to issue contracts of reinsurance;	79196

(2) Pay the cost of reinsurance from the fund;

79197

(3) Include the costs of reinsurance as a liability and	79198
estimated liability of the fund.	79199

Sec. 4141.162. (A) The director of job and family services	79200
shall establish an income and eligibility verification system that	79201
complies with section 1137 of the "Social Security Act." The	79202
programs included in the system are all of the following:	79203

(1) Unemployment compensation pursuant to section 3304 of the	79204
"Internal Revenue Code of 1954";	79205

(2) The state programs funded in part under part A of Title	79206
IV of the "Social Security Act" and administered under Chapters	79207
5107. and 5108. of the Revised Code;	79208

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	79209
~~Act"~~The medicaid program;	79210

(4) The supplemental nutrition assistance program pursuant to	79211
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	79212

(5) Any Ohio program under a plan approved under Title I, X,	79213
XIV, or XVI of the "Social Security Act."	79214

Wage information provided by employers to the director shall	79215
be furnished to the income and eligibility verification system.	79216
Such information shall be used by the director to determine	79217
eligibility of individuals for unemployment compensation benefits	79218
and the amount of those benefits and used by the agencies that	79219
administer the programs identified in divisions (A)(2) to (5) of	79220
this section to determine or verify eligibility for or the amount	79221
of benefits under those programs.	79222

The director shall fully implement the use of wage	79223
information to determine eligibility for and the amount of	79224
unemployment compensation benefits by September 30, 1988.	79225

Information furnished under the system shall also be made	79226
available to the appropriate state or local child support	79227
enforcement agency for the purposes of an approved plan under	79228
Title IV-D of the "Social Security Act" and to the appropriate	79229
federal agency for the purposes of Titles II and XVI of the	79230
"Social Security Act."	79231

(B) The director shall adopt rules as necessary under which	79232
the department of job and family services and other state agencies	79233
that the director determines must participate in order to ensure	79234
compliance with section 1137 of the "Social Security Act" exchange	79235
information with each other or authorized federal agencies about	79236
individuals who are applicants for or recipients of benefits under	79237
any of the programs enumerated in division (A) of this section.	79238
The rules shall extend to all of the following:	79239

(1) A requirement for standardized formats and procedures for	79240
a participating agency to request and receive information about an	79241
individual, which information shall include the individual's	79242
social security number;	79243

(2) A requirement that all applicants for and recipients of	79244
benefits under any program enumerated in division (A) of this	79245
section be notified at the time of application, and periodically	79246
thereafter, that information available through the system may be	79247
shared with agencies that administer other benefit programs and	79248
utilized in establishing or verifying eligibility or benefit	79249
amounts under the other programs enumerated in division (A) of	79250
this section;	79251

(3) A requirement that information is made available only to	79252
the extent necessary to assist in the valid administrative needs	79253
of the program receiving the information and is targeted for use	79254
in ways which are most likely to be productive in identifying and	79255
preventing ineligibility and incorrect payments;	79256

(4) A requirement that information is adequately protected	79257
against unauthorized disclosures for purposes other than to	79258
establish or verify eligibility or benefit amounts under the	79259
programs enumerated in division (A) of this section;	79260

(5) A requirement that a program providing information is	79261
reimbursed by the program using the information for the actual	79262
costs of furnishing the information and that the director be	79263
reimbursed by the participating programs for any actual costs	79264
incurred in operating the system;	79265

(6) Requirements for any other matters necessary to ensure	79266
the effective, efficient, and timely exchange of necessary	79267
information or that the director determines must be addressed in	79268
order to ensure compliance with the requirements of section 1137	79269
of the "Social Security Act."	79270

(C) Each participating agency shall furnish to the income and	79271
eligibility verification system established in division (A) of	79272
this section that information, which the director, by rule,	79273
determines is necessary in order to comply with section 1137 of	79274
the "Social Security Act."	79275

(D) Notwithstanding the information disclosure requirements	79276
of this section and section 4141.21 and division (A) of section	79277
4141.284 of the Revised Code, the director shall administer those	79278
provisions of law so as to comply with section 1137 of the "Social	79279
Security Act."	79280

(E) Requirements in section 4141.21 of the Revised Code with	79281
respect to confidentiality of information obtained in the	79282
administration of Chapter 4141. of the Revised Code and any	79283
sanctions imposed for improper disclosure of such information	79284
shall apply to the redisclosure of information disclosed under	79285
this section.	79286

(F) The director of job and family services shall consult	79287
with the medicaid director and the director of administrative	79288
services regarding the implementation of this section.	79289

Sec. 4141.29. Each eligible individual shall receive	79290
benefits as compensation for loss of remuneration due to	79291
involuntary total or partial unemployment in the amounts and	79292
subject to the conditions stipulated in this chapter.	79293

(A) No individual is entitled to a waiting period or benefits	79294
for any week unless the individual:	79295

(1) Has filed a valid application for determination of	79296
benefit rights in accordance with section 4141.28 of the Revised	79297
Code;	79298

(2) Has made a claim for benefits in accordance with section	79299
4141.28 of the Revised Code;	79300

(3) Has registered at an employment office or other	79301
registration place maintained or designated by the director of job	79302
and family services. Registration shall be made in accordance with	79303
the time limits, frequency, and manner prescribed by the director.	79304

(4)(a)(i) Is able to work and available for suitable work	79305
and, except as provided in division (A)(4)(a)(ii) of this section,	79306
is actively seeking suitable work either in a locality in which	79307
the individual has earned wages subject to this chapter during the	79308
individual's base period, or if the individual leaves that	79309
locality, then in a locality where suitable work normally is	79310
performed.	79311

(ii) The director may waive the requirement that a claimant	79312
be actively seeking work when the director finds that the	79313
individual has been laid off and the employer who laid the	79314
individual off has notified the director within ten days after the	79315
layoff, that work is expected to be available for the individual	79316
within a specified number of days not to exceed forty-five	79317
calendar days following the last day the individual worked. In the	79318
event the individual is not recalled within the specified period,	79319
this waiver shall cease to be operative with respect to that	79320
layoff.	79321

(b) The individual shall be instructed as to the efforts that	79322
the individual must make in the search for suitable work, except	79323
where the active search for work requirement has been waived under	79324
division (A)(4)(a) of this section, and shall keep a record of	79325
where and when the individual has sought work in complying with	79326
those instructions and, upon request, shall produce that record	79327
for examination by the director.	79328

(c) An individual who is attending a training course approved	79329
by the director meets the requirement of this division, if	79330
attendance was recommended by the director and the individual is	79331
regularly attending the course and is making satisfactory	79332
progress. An individual also meets the requirements of this	79333
division if the individual is participating and advancing in a	79334
training program, as defined in division (P) of section 5709.61 of	79335
the Revised Code, and if an enterprise, defined in division (B) of	79336
section 5709.61 of the Revised Code, is paying all or part of the	79337
cost of the individual's participation in the training program	79338
with the intention of hiring the individual for employment as a	79339
new employee, as defined in division (L) of section 5709.61 of the	79340
Revised Code, for at least ninety days after the individual's	79341
completion of the training program.	79342

(d) An individual who becomes unemployed while attending a	79343
regularly established school and whose base period qualifying	79344
weeks were earned in whole or in part while attending that school,	79345
meets the availability and active search for work requirements of	79346
division (A)(4)(a) of this section if the individual regularly	79347
attends the school during weeks with respect to which the	79348
individual claims unemployment benefits and makes self available	79349
on any shift of hours for suitable employment with the	79350
individual's most recent employer or any other employer in the	79351
individual's base period, or for any other suitable employment to	79352
which the individual is directed, under this chapter.	79353

(e) The director shall adopt any rules that the director	79354
deems necessary for the administration of division (A)(4) of this	79355
section.	79356

(f) Notwithstanding any other provisions of this section, no	79357
otherwise eligible individual shall be denied benefits for any	79358
week because the individual is in training approved under section	79359
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	79360
2296, nor shall that individual be denied benefits by reason of	79361
leaving work to enter such training, provided the work left is not	79362
suitable employment, or because of the application to any week in	79363
training of provisions in this chapter, or any applicable federal	79364
unemployment compensation law, relating to availability for work,	79365
active search for work, or refusal to accept work.	79366

For the purposes of division (A)(4)(f) of this section,	79367
"suitable employment" means with respect to an individual, work of	79368
a substantially equal or higher skill level than the individual's	79369
past adversely affected employment, as defined for the purposes of	79370
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	79371
wages for such work at not less than eighty per cent of the	79372
individual's average weekly wage as determined for the purposes of	79373
that federal act.	79374

(5) Is unable to obtain suitable work. An individual who is	79375
provided temporary work assignments by the individual's employer	79376
under agreed terms and conditions of employment, and who is	79377
required pursuant to those terms and conditions to inquire with	79378
the individual's employer for available work assignments upon the	79379
conclusion of each work assignment, is not considered unable to	79380
obtain suitable employment if suitable work assignments are	79381
available with the employer but the individual fails to contact	79382
the employer to inquire about work assignments.	79383

(6) Participates in reemployment services, such as job search	79384
assistance services, if the individual has been determined to be	79385
likely to exhaust benefits under this chapter, including	79386
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	79387
extended compensation, and needs reemployment services pursuant to	79388
the profiling system established by the director under division	79389
(K) of this section, unless the director determines that:	79390

(a) The individual has completed such services; or

79391

(b) There is justifiable cause for the claimant's failure to	79392
participate in such services.	79393

(B) An individual suffering total or partial unemployment is	79394
eligible for benefits for unemployment occurring subsequent to a	79395
waiting period of one week and no benefits shall be payable during	79396
this required waiting period. Not more than one week of waiting	79397
period shall be required of any individual in any benefit year in	79398
order to establish the individual's eligibility for total or	79399
partial unemployment benefits.	79400

(C) The waiting period for total or partial unemployment	79401
shall commence on the first day of the first week with respect to	79402
which the individual first files a claim for benefits at an	79403
employment office or other place of registration maintained or	79404
designated by the director or on the first day of the first week	79405
with respect to which the individual has otherwise filed a claim	79406
for benefits in accordance with the rules of the department of job	79407
and family services, provided such claim is allowed by the	79408
director.	79409

(D) Notwithstanding division (A) of this section, no	79410
individual may serve a waiting period or be paid benefits under	79411
the following conditions:	79412

(1) For any week with respect to which the director finds	79413
that:	79414

(a) The individual's unemployment was due to a labor dispute	79415
other than a lockout at any factory, establishment, or other	79416
premises located in this or any other state and owned or operated	79417
by the employer by which the individual is or was last employed;	79418
and for so long as the individual's unemployment is due to such	79419
labor dispute. No individual shall be disqualified under this	79420
provision if either of the following applies:	79421

(i) The individual's employment was with such employer at any	79422
factory, establishment, or premises located in this state, owned	79423
or operated by such employer, other than the factory,	79424
establishment, or premises at which the labor dispute exists, if	79425
it is shown that the individual is not financing, participating	79426
in, or directly interested in such labor dispute;	79427

(ii) The individual's employment was with an employer not	79428
involved in the labor dispute but whose place of business was	79429
located within the same premises as the employer engaged in the	79430
dispute, unless the individual's employer is a wholly owned	79431
subsidiary of the employer engaged in the dispute, or unless the	79432
individual actively participates in or voluntarily stops work	79433
because of such dispute. If it is established that the claimant	79434
was laid off for an indefinite period and not recalled to work	79435
prior to the dispute, or was separated by the employer prior to	79436
the dispute for reasons other than the labor dispute, or that the	79437
individual obtained a bona fide job with another employer while	79438
the dispute was still in progress, such labor dispute shall not	79439
render the employee ineligible for benefits.	79440

(b) The individual has been given a disciplinary layoff for	79441
misconduct in connection with the individual's work.	79442

(2) For the duration of the individual's unemployment if the	79443
director finds that:	79444

(a) The individual quit work without just cause or has been	79445
discharged for just cause in connection with the individual's	79446
work, provided division (D)(2) of this section does not apply to	79447
the separation of a person under any of the following	79448
circumstances:	79449

(i) Separation from employment for the purpose of entering	79450
the armed forces of the United States if the individual is	79451
inducted into the armed forces within one of the following	79452
periods:	79453

(I) Thirty days after separation;

79454

(II) One hundred eighty days after separation if the	79455
individual's date of induction is delayed solely at the discretion	79456
of the armed forces.	79457

(ii) Separation from employment pursuant to a	79458
labor-management contract or agreement, or pursuant to an	79459
established employer plan, program, or policy, which permits the	79460
employee, because of lack of work, to accept a separation from	79461
employment;	79462

(iii) The individual has left employment to accept a recall	79463
from a prior employer or, except as provided in division	79464
(D)(2)(a)(iv) of this section, to accept other employment as	79465
provided under section 4141.291 of the Revised Code, or left or	79466
was separated from employment that was concurrent employment at	79467
the time of the most recent separation or within six weeks prior	79468
to the most recent separation where the remuneration, hours, or	79469
other conditions of such concurrent employment were substantially	79470
less favorable than the individual's most recent employment and	79471
where such employment, if offered as new work, would be considered	79472
not suitable under the provisions of divisions (E) and (F) of this	79473
section. Any benefits that would otherwise be chargeable to the	79474
account of the employer from whom an individual has left	79475
employment or was separated from employment that was concurrent	79476
employment under conditions described in division (D)(2)(a)(iii)	79477
of this section, shall instead be charged to the mutualized	79478
account created by division (B) of section 4141.25 of the Revised	79479
Code, except that any benefits chargeable to the account of a	79480
reimbursing employer under division (D)(2)(a)(iii) of this section	79481
shall be charged to the account of the reimbursing employer and	79482
not to the mutualized account, except as provided in division	79483
(D)(2) of section 4141.24 of the Revised Code.	79484

(iv) When an individual has been issued a definite layoff	79485
date by the individual's employer and before the layoff date, the	79486
individual quits to accept other employment, the provisions of	79487
division (D)(2)(a)(iii) of this section apply and no	79488
disqualification shall be imposed under division (D) of this	79489
section. However, if the individual fails to meet the employment	79490
and earnings requirements of division (A)(2) of section 4141.291	79491
of the Revised Code, then the individual, pursuant to division	79492
(A)(5) of this section, shall be ineligible for benefits for any	79493
week of unemployment that occurs prior to the layoff date.	79494

(v) The individual's spouse is a member of the armed forces	79495
of the United States who is on active duty as defined in 10 U.S.C.	79496
101(d)(1), the spouse is the subject of a military transfer, the	79497
individual left employment to accompany the individual's spouse to	79498
a location from which it is impractical to commute to the	79499
individual's place of employment, and upon arrival at the new	79500
place of residence, the individual is in all respects able and	79501
available for suitable work.	79502

(b) The individual has refused without good cause to accept	79503
an offer of suitable work when made by an employer either in	79504
person or to the individual's last known address, or has refused	79505
or failed to investigate a referral to suitable work when directed	79506
to do so by a local employment office of this state or another	79507
state, provided that this division shall not cause a	79508
disqualification for a waiting week or benefits under the	79509
following circumstances:	79510

(i) When work is offered by the individual's employer and the	79511
individual is not required to accept the offer pursuant to the	79512
terms of the labor-management contract or agreement; or	79513

(ii) When the individual is attending a training course	79514
pursuant to division (A)(4) of this section except, in the event	79515
of a refusal to accept an offer of suitable work or a refusal or	79516
failure to investigate a referral, benefits thereafter paid to	79517
such individual shall not be charged to the account of any	79518
employer and, except as provided in division (B)(1)(b) of section	79519
4141.241 of the Revised Code, shall be charged to the mutualized	79520
account as provided in division (B) of section 4141.25 of the	79521
Revised Code.	79522

(c) Such individual quit work to marry or because of marital,	79523
parental, filial, or other domestic obligations.	79524

(d) The individual became unemployed by reason of commitment	79525
to any correctional institution.	79526

(e) The individual became unemployed because of dishonesty in	79527
connection with the individual's most recent or any base period	79528
work. Remuneration earned in such work shall be excluded from the	79529
individual's total base period remuneration and qualifying weeks	79530
that otherwise would be credited to the individual for such work	79531
in the individual's base period shall not be credited for the	79532
purpose of determining the total benefits to which the individual	79533
is eligible and the weekly benefit amount to be paid under section	79534
4141.30 of the Revised Code. Such excluded remuneration and	79535
noncredited qualifying weeks shall be excluded from the	79536
calculation of the maximum amount to be charged, under division	79537
(D) of section 4141.24 and section 4141.33 of the Revised Code,	79538
against the accounts of the individual's base period employers. In	79539
addition, no benefits shall thereafter be paid to the individual	79540
based upon such excluded remuneration or noncredited qualifying	79541
weeks.	79542

For purposes of division (D)(2)(e) of this section,	79543
"dishonesty" means the commission of substantive theft, fraud, or	79544
deceitful acts.	79545

(E) No individual otherwise qualified to receive benefits	79546
shall lose the right to benefits by reason of a refusal to accept	79547
new work if:	79548

(1) As a condition of being so employed the individual would	79549
be required to join a company union, or to resign from or refrain	79550
from joining any bona fide labor organization, or would be denied	79551
the right to retain membership in and observe the lawful rules of	79552
any such organization.	79553

(2) The position offered is vacant due directly to a strike,	79554
lockout, or other labor dispute.	79555

(3) The work is at an unreasonable distance from the	79556
individual's residence, having regard to the character of the work	79557
the individual has been accustomed to do, and travel to the place	79558
of work involves expenses substantially greater than that required	79559
for the individual's former work, unless the expense is provided	79560
for.	79561

(4) The remuneration, hours, or other conditions of the work	79562
offered are substantially less favorable to the individual than	79563
those prevailing for similar work in the locality.	79564

(F) Subject to the special exceptions contained in division	79565
(A)(4)(f) of this section and section 4141.301 of the Revised	79566
Code, in determining whether any work is suitable for a claimant	79567
in the administration of this chapter, the director, in addition	79568
to the determination required under division (E) of this section,	79569
shall consider the degree of risk to the claimant's health,	79570
safety, and morals, the individual's physical fitness for the	79571
work, the individual's prior training and experience, the length	79572
of the individual's unemployment, the distance of the available	79573
work from the individual's residence, and the individual's	79574
prospects for obtaining local work.	79575

(G) The "duration of unemployment" as used in this section	79576
means the full period of unemployment next ensuing after a	79577
separation from any base period or subsequent work and until an	79578
individual has become reemployed in employment subject to this	79579
chapter, or the unemployment compensation act of another state, or	79580
of the United States, and until such individual has worked six	79581
weeks and for those weeks has earned or been paid remuneration	79582
equal to six times an average weekly wage of not less than:	79583
eighty-five dollars and ten cents per week beginning on June 26,	79584
1990; and beginning on and after January 1, 1992, twenty-seven and	79585
one-half per cent of the statewide average weekly wage as computed	79586
each first day of January under division (B)(3) of section 4141.30	79587
of the Revised Code, rounded down to the nearest dollar, except	79588
for purposes of division (D)(2)(c) of this section, such term	79589
means the full period of unemployment next ensuing after a	79590
separation from such work and until such individual has become	79591
reemployed subject to the terms set forth above, and has earned	79592
wages equal to one-half of the individual's average weekly wage or	79593
sixty dollars, whichever is less.	79594

(H) If a claimant is disqualified under division (D)(2)(a),	79595
(c), or (d) of this section or found to be qualified under the	79596
exceptions provided in division (D)(2)(a)(i), (iii), or (iv), or	79597
(v) of this section or division (A)(2) of section 4141.291 of the	79598
Revised Code, then benefits that may become payable to such	79599
claimant, which are chargeable to the account of the employer from	79600
whom the individual was separated under such conditions, shall be	79601
charged to the mutualized account provided in section 4141.25 of	79602
the Revised Code, provided that no charge shall be made to the	79603
mutualized account for benefits chargeable to a reimbursing	79604
employer, except as provided in division (D)(2) of section 4141.24	79605
of the Revised Code. In the case of a reimbursing employer, the	79606
director shall refund or credit to the account of the reimbursing	79607
employer any over-paid benefits that are recovered under division	79608
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	79609
other states, the United States, or Canada that are subject to	79610
agreements and arrangements that are established pursuant to	79611
section 4141.43 of the Revised Code shall be credited or	79612
reimbursed according to the agreements and arrangements to which	79613
the chargeable amounts are subject.	79614

(I)(1) Benefits based on service in employment as provided in	79615
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	79616
shall be payable in the same amount, on the same terms, and	79617
subject to the same conditions as benefits payable on the basis of	79618
other service subject to this chapter; except that after December	79619
31, 1977:	79620

(a) Benefits based on service in an instructional, research,	79621
or principal administrative capacity in an institution of higher	79622
education, as defined in division (Y) of section 4141.01 of the	79623
Revised Code; or for an educational institution as defined in	79624
division (CC) of section 4141.01 of the Revised Code, shall not be	79625
paid to any individual for any week of unemployment that begins	79626
during the period between two successive academic years or terms,	79627
or during a similar period between two regular but not successive	79628
terms or during a period of paid sabbatical leave provided for in	79629
the individual's contract, if the individual performs such	79630
services in the first of those academic years or terms and has a	79631
contract or a reasonable assurance that the individual will	79632
perform services in any such capacity for any such institution in	79633
the second of those academic years or terms.	79634

(b) Benefits based on service for an educational institution	79635
or an institution of higher education in other than an	79636
instructional, research, or principal administrative capacity,	79637
shall not be paid to any individual for any week of unemployment	79638
which begins during the period between two successive academic	79639
years or terms of the employing educational institution or	79640
institution of higher education, provided the individual performed	79641
those services for the educational institution or institution of	79642
higher education during the first such academic year or term and,	79643
there is a reasonable assurance that such individual will perform	79644
those services for any educational institution or institution of	79645
higher education in the second of such academic years or terms.	79646

If compensation is denied to any individual for any week	79647
under division (I)(1)(b) of this section and the individual was	79648
not offered an opportunity to perform those services for an	79649
institution of higher education or for an educational institution	79650
for the second of such academic years or terms, the individual is	79651
entitled to a retroactive payment of compensation for each week	79652
for which the individual timely filed a claim for compensation and	79653
for which compensation was denied solely by reason of division	79654
(I)(1)(b) of this section. An application for retroactive benefits	79655
shall be timely filed if received by the director or the	79656
director's deputy within or prior to the end of the fourth full	79657
calendar week after the end of the period for which benefits were	79658
denied because of reasonable assurance of employment. The	79659
provision for the payment of retroactive benefits under division	79660
(I)(1)(b) of this section is applicable to weeks of unemployment	79661
beginning on and after November 18, 1983. The provisions under	79662
division (I)(1)(b) of this section shall be retroactive to	79663
September 5, 1982, only if, as a condition for full tax credit	79664
against the tax imposed by the "Federal Unemployment Tax Act," 53	79665
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	79666
secretary of labor determines that retroactivity is required by	79667
federal law.	79668

(c) With respect to weeks of unemployment beginning after	79669
December 31, 1977, benefits shall be denied to any individual for	79670
any week which commences during an established and customary	79671
vacation period or holiday recess, if the individual performs any	79672
services described in divisions (I)(1)(a) and (b) of this section	79673
in the period immediately before the vacation period or holiday	79674
recess, and there is a reasonable assurance that the individual	79675
will perform any such services in the period immediately following	79676
the vacation period or holiday recess.	79677

(d) With respect to any services described in division	79678
(I)(1)(a), (b), or (c) of this section, benefits payable on the	79679
basis of services in any such capacity shall be denied as	79680
specified in division (I)(1)(a), (b), or (c) of this section to	79681
any individual who performs such services in an educational	79682
institution or institution of higher education while in the employ	79683
of an educational service agency. For this purpose, the term	79684
"educational service agency" means a governmental agency or	79685
governmental entity that is established and operated exclusively	79686
for the purpose of providing services to one or more educational	79687
institutions or one or more institutions of higher education.	79688

(e) Any individual employed by a county board of	79689
developmental disabilities shall be notified by the thirtieth day	79690
of April each year if the individual is not to be reemployed the	79691
following academic year.	79692

(f) Any individual employed by a school district, other than	79693
a municipal school district as defined in section 3311.71 of the	79694
Revised Code, shall be notified by the first day of June each year	79695
if the individual is not to be reemployed the following academic	79696
year.	79697

(2) No disqualification will be imposed, between academic	79698
years or terms or during a vacation period or holiday recess under	79699
this division, unless the director or the director's deputy has	79700
received a statement in writing from the educational institution	79701
or institution of higher education that the claimant has a	79702
contract for, or a reasonable assurance of, reemployment for the	79703
ensuing academic year or term.	79704

(3) If an individual has employment with an educational	79705
institution or an institution of higher education and employment	79706
with a noneducational employer, during the base period of the	79707
individual's benefit year, then the individual may become eligible	79708
for benefits during the between-term, or vacation or holiday	79709
recess, disqualification period, based on employment performed for	79710
the noneducational employer, provided that the employment is	79711
sufficient to qualify the individual for benefit rights separately	79712
from the benefit rights based on school employment. The weekly	79713
benefit amount and maximum benefits payable during a	79714
disqualification period shall be computed based solely on the	79715
nonschool employment.	79716

(J) Benefits shall not be paid on the basis of employment	79717
performed by an alien, unless the alien had been lawfully admitted	79718
to the United States for permanent residence at the time the	79719
services were performed, was lawfully present for purposes of	79720
performing the services, or was otherwise permanently residing in	79721
the United States under color of law at the time the services were	79722
performed, under section 212(d)(5) of the "Immigration and	79723
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	79724

(1) Any data or information required of individuals applying	79725
for benefits to determine whether benefits are not payable to them	79726
because of their alien status shall be uniformly required from all	79727
applicants for benefits.	79728

(2) In the case of an individual whose application for	79729
benefits would otherwise be approved, no determination that	79730
benefits to the individual are not payable because of the	79731
individual's alien status shall be made except upon a	79732
preponderance of the evidence that the individual had not, in	79733
fact, been lawfully admitted to the United States.	79734

(K) The director shall establish and utilize a system of	79735
profiling all new claimants under this chapter that:	79736

(1) Identifies which claimants will be likely to exhaust	79737
regular compensation and will need job search assistance services	79738
to make a successful transition to new employment;	79739

(2) Refers claimants identified pursuant to division (K)(1)	79740
of this section to reemployment services, such as job search	79741
assistance services, available under any state or federal law;	79742

(3) Collects follow-up information relating to the services	79743
received by such claimants and the employment outcomes for such	79744
claimant's subsequent to receiving such services and utilizes such	79745
information in making identifications pursuant to division (K)(1)	79746
of this section; and	79747

(4) Meets such other requirements as the United States	79748
secretary of labor determines are appropriate.	79749

Sec. 4301.01. (A) As used in the Revised Code:

79750

(1) "Intoxicating liquor" and "liquor" include all liquids	79751
and compounds, other than beer, containing one-half of one per	79752
cent or more of alcohol by volume which are fit to use for	79753
beverage purposes, from whatever source and by whatever process	79754
produced, by whatever name called, and whether they are medicated,	79755
proprietary, or patented. "Intoxicating liquor" and "liquor"	79756
include ~~wine even if it contains less than four per cent of~~	79757
~~alcohol by volume, mixed beverages even if they contain less than~~	79758
~~four per cent of alcohol by volume,~~ cider,and alcohol, and all	79759
solids and confections which contain ~~any alcohol~~one-half of one	79760
per cent or more of alcohol by volume.	79761

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	79762
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	79763
Revised Code, "sale" and "sell" include exchange, barter, gift,	79764
offer for sale, sale, distribution and delivery of any kind, and	79765
the transfer of title or possession of beer and intoxicating	79766
liquor either by constructive or actual delivery by any means or	79767
devices whatever, including the sale of beer or intoxicating	79768
liquor by means of a controlled access alcohol and beverage	79769
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	79770
and "sell" do not include the mere solicitation of orders for beer	79771
or intoxicating liquor from the holders of permits issued by the	79772
division of liquor control authorizing the sale of the beer or	79773
intoxicating liquor, but no solicitor shall solicit any such	79774
orders until the solicitor has been registered with the division	79775
pursuant to section 4303.25 of the Revised Code.	79776

(3) "Vehicle" includes all means of transportation by land,	79777
by water, or by air, and everything made use of in any way for	79778
such transportation.	79779

(B) As used in this chapter:

79780

(1) "Alcohol" means ethyl alcohol, whether rectified or	79781
diluted with water or not, whatever its origin may be, and	79782
includes synthetic ethyl alcohol. "Alcohol" does not include	79783
denatured alcohol and wood alcohol.	79784

(2) "Beer" includes all beverages brewed or fermented wholly	79785
or in part from malt products and containing one-half of one per	79786
cent or more, but not more than twelve per cent, of alcohol by	79787
volume.	79788

(3) "Wine" includes all liquids fit to use for beverage	79789
purposes containing not less than one-half of one per cent of	79790
alcohol by volume and not more than twenty-one per cent of alcohol	79791
by volume, which is made from the fermented juices of grapes,	79792
fruits, or other agricultural products, except that as used in	79793
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	79794
Revised Code, and, for purposes of determining the rate of the tax	79795
that applies, division (B) of section 4301.43 of the Revised Code,	79796
"wine" does not include cider.	79797

(4) "Mixed beverages," ~~such as~~include bottled and prepared	79798
cordials, cocktails, ~~and~~ highballs, and solids and confections	79799
that are ~~products~~ obtained by mixing any type of whiskey, neutral	79800
spirits, brandy, gin, or other distilled spirits with, or over,	79801
carbonated or plain water, pure juices from flowers and plants,	79802
and other flavoring materials. The completed product shall contain	79803
not less than one-half of one per cent of alcohol by volume and	79804
not more than twenty-one per cent of alcohol by volume.	79805

(5) "Spirituous liquor" includes all intoxicating liquors	79806
containing more than twenty-one per cent of alcohol by volume.	79807

(6) "Sealed container" means any container having a capacity	79808
of not more than one hundred twenty-eight fluid ounces, the	79809
opening of which is closed to prevent the entrance of air.	79810

(7) "Person" includes firms and corporations.

79811

(8) "Manufacture" includes all processes by which beer or	79812
intoxicating liquor is produced, whether by distillation,	79813
rectifying, fortifying, blending, fermentation, or brewing, or in	79814
any other manner.	79815

(9) "Manufacturer" means any person engaged in the business	79816
of manufacturing beer or intoxicating liquor.	79817

(10) "Wholesale distributor" and "distributor" means a person	79818
engaged in the business of selling to retail dealers for purposes	79819
of resale.	79820

(11) "Hotel" has the same meaning as in section 3731.01 of	79821
the Revised Code, subject to the exceptions mentioned in section	79822
3731.03 of the Revised Code.	79823

(12) "Restaurant" means a place located in a permanent	79824
building provided with space and accommodations wherein, in	79825
consideration of the payment of money, hot meals are habitually	79826
prepared, sold, and served at noon and evening, as the principal	79827
business of the place. "Restaurant" does not include pharmacies,	79828
confectionery stores, lunch stands, night clubs, and filling	79829
stations.	79830

(13) "Club" means a corporation or association of individuals	79831
organized in good faith for social, recreational, benevolent,	79832
charitable, fraternal, political, patriotic, or athletic purposes,	79833
which is the owner, lessor, or occupant of a permanent building or	79834
part of a permanent building operated solely for those purposes,	79835
membership in which entails the prepayment of regular dues, and	79836
includes the place so operated.	79837

(14) "Night club" means a place operated for profit, where	79838
food is served for consumption on the premises and one or more	79839
forms of amusement are provided or permitted for a consideration	79840
that may be in the form of a cover charge or may be included in	79841
the price of the food and beverages, or both, purchased by	79842
patrons.	79843

(15) "At retail" means for use or consumption by the	79844
purchaser and not for resale.	79845

(16) "Pharmacy" means an establishment, as defined in section	79846
4729.01 of the Revised Code, that is under the management or	79847
control of a licensed pharmacist in accordance with section	79848
4729.27 of the Revised Code.	79849

(17) "Enclosed shopping center" means a group of retail sales	79850
and service business establishments that face into an enclosed	79851
mall, share common ingress, egress, and parking facilities, and	79852
are situated on a tract of land that contains an area of not less	79853
than five hundred thousand square feet. "Enclosed shopping center"	79854
also includes not more than one business establishment that is	79855
located within a free-standing building on such a tract of land,	79856
so long as the sale of beer and intoxicating liquor on the tract	79857
of land was approved in an election held under former section	79858
4301.353 of the Revised Code.	79859

(18) "Controlled access alcohol and beverage cabinet" means a	79860
closed container, either refrigerated, in whole or in part, or	79861
nonrefrigerated, access to the interior of which is restricted by	79862
means of a device that requires the use of a key, magnetic card,	79863
or similar device and from which beer, intoxicating liquor, other	79864
beverages, or food may be sold.	79865

(19) "Community facility" means either of the following:

79866

(a) Any convention, sports, or entertainment facility or	79867
complex, or any combination of these, that is used by or	79868
accessible to the general public and that is owned or operated in	79869
whole or in part by the state, a state agency, or a political	79870
subdivision of the state or that is leased from, or located on	79871
property owned by or leased from, the state, a state agency, a	79872
political subdivision of the state, or a convention facilities	79873
authority created pursuant to section 351.02 of the Revised Code;	79874

(b) An area designated as a community entertainment district	79875
pursuant to section 4301.80 of the Revised Code.	79876

(20) "Low-alcohol beverage" means any brewed or fermented	79877
malt product, or any product made from the fermented juices of	79878
grapes, fruits, or other agricultural products, that contains	79879
either no alcohol or less than one-half of one per cent of alcohol	79880
by volume. The beverages described in division (B)(20) of this	79881
section do not include a soft drink such as root beer, birch beer,	79882
or ginger beer.	79883

(21) "Cider" means all liquids fit to use for beverage	79884
purposes that contain one-half of one per cent of alcohol by	79885
volume, but not more than six per cent of alcohol by weight, and	79886
that are made through the normal alcoholic fermentation of the	79887
juice of sound, ripe apples, including, without limitation,	79888
flavored, sparkling, or carbonated cider and cider made from pure	79889
condensed apple must.	79890

(22) "Sales area or territory" means an exclusive geographic	79891
area or territory that is assigned to a particular A or B permit	79892
holder and that either has one or more political subdivisions as	79893
its boundaries or consists of an area of land with readily	79894
identifiable geographic boundaries. "Sales area or territory" does	79895
not include, however, any particular retail location in an	79896
exclusive geographic area or territory that had been assigned to	79897
another A or B permit holder before April 9, 2001.	79898

Sec. 4301.10. (A) The division of liquor control shall do	79899
all of the following:	79900

(1) Control the traffic in beer and intoxicating liquor in	79901
this state, including the manufacture, importation, and sale of	79902
beer and intoxicating liquor;	79903

(2) Grant or refuse permits for the manufacture,	79904
distribution, transportation, and sale of beer and intoxicating	79905
liquor and the sale of alcohol, as authorized or required by this	79906
chapter and Chapter 4303. of the Revised Code. A certificate,	79907
signed by the superintendent of liquor control and to which is	79908
affixed the official seal of the division, stating that it appears	79909
from the records of the division that no permit has been issued to	79910
the person specified in the certificate, or that a permit, if	79911
issued, has been revoked, canceled, or suspended, shall be	79912
received as prima-facie evidence of the facts recited in the	79913
certificate in any court or before any officer of this state.	79914

(3) Put into operation, manage, and control a system of state	79915
liquor stores for the sale of spirituous liquor at retail and to	79916
holders of permits authorizing the sale of spirituous liquor;	79917
however, the division shall not establish any drive-in state	79918
liquor stores; and by means of those types of stores, and any	79919
manufacturing plants, distributing and bottling plants,	79920
warehouses, and other facilities that it considers expedient,	79921
establish and maintain a state monopoly of the distribution of	79922
spirituous liquor and its sale in packages or containers; and for	79923
that purpose, manufacture, buy, import, possess, and sell	79924
spirituous liquors as provided in this chapter and Chapter 4303.	79925
of the Revised Code, and in the rules promulgated by the	79926
superintendent of liquor control pursuant to those chapters; lease	79927
or in any manner acquire the use of any land or building required	79928
for any of those purposes; purchase any equipment that is	79929
required; and borrow money to carry on its business, and issue,	79930
sign, endorse, and accept notes, checks, and bills of exchange;	79931
but all obligations of the division created under authority of	79932
this division shall be a charge only upon the moneys received by	79933
the division from the sale of spirituous liquor and its other	79934
business transactions in connection with the sale of spirituous	79935
liquor, and shall not be general obligations of the state;	79936

(4) Enforce the administrative provisions of this chapter and	79937
Chapter 4303. of the Revised Code, and the rules and orders of the	79938
liquor control commission and the superintendent relating to the	79939
manufacture, importation, transportation, distribution, and sale	79940
of beer or intoxicating liquor. The attorney general, any	79941
prosecuting attorney, and any prosecuting officer of a municipal	79942
corporation or a municipal court shall, at the request of the	79943
division of liquor control or the department of public safety,	79944
prosecute any person charged with the violation of any provision	79945
in those chapters or of any section of the Revised Code relating	79946
to the manufacture, importation, transportation, distribution, and	79947
sale of beer or intoxicating liquor.	79948

(5) Determine the locations of all state liquor stores and	79949
manufacturing, distributing, and bottling plants required in	79950
connection with those stores, subject to this chapter and Chapter	79951
4303. of the Revised Code;	79952

(6) Conduct inspections of liquor permit premises to	79953
determine compliance with the administrative provisions of this	79954
chapter and Chapter 4303. of the Revised Code and the rules	79955
adopted under those provisions by the liquor control commission.	79956

Except as otherwise provided in division (A)(6) of this	79957
section, those inspections may be conducted only during those	79958
hours in which the permit holder is open for business and only by	79959
authorized agents or employees of the division or by any peace	79960
officer, as defined in section 2935.01 of the Revised Code.	79961
Inspections may be conducted at other hours only to determine	79962
compliance with laws or commission rules that regulate the hours	79963
of sale of beer or intoxicating liquor and only if the	79964
investigator has reasonable cause to believe that those laws or	79965
rules are being violated. Any inspection conducted pursuant to	79966
division (A)(6) of this section is subject to all of the following	79967
requirements:	79968

(a) The only property that may be confiscated is contraband,	79969
as defined in section 2901.01 of the Revised Code, or property	79970
that is otherwise necessary for evidentiary purposes.	79971

(b) A complete inventory of all property confiscated from the	79972
premises shall be given to the permit holder or the permit	79973
holder's agent or employee by the confiscating agent or officer at	79974
the conclusion of the inspection. At that time, the inventory	79975
shall be signed by the confiscating agent or officer, and the	79976
agent or officer shall give the permit holder or the permit	79977
holder's agent or employee the opportunity to sign the inventory.	79978

(c) Inspections conducted pursuant to division (A)(6) of this	79979
section shall be conducted in a reasonable manner. A finding by	79980
any court of competent jurisdiction that an inspection was not	79981
conducted in a reasonable manner in accordance with this section	79982
or any rules adopted by the commission may be considered grounds	79983
for suppression of evidence. A finding by the commission that an	79984
inspection was not conducted in a reasonable manner in accordance	79985
with this section or any rules adopted by it may be considered	79986
grounds for dismissal of the commission case.	79987

If any court of competent jurisdiction finds that property	79988
confiscated as the result of an administrative inspection is not	79989
necessary for evidentiary purposes and is not contraband, as	79990
defined in section 2901.01 of the Revised Code, the court shall	79991
order the immediate return of the confiscated property, provided	79992
that property is not otherwise subject to forfeiture, to the	79993
permit holder. However, the return of this property is not grounds	79994
for dismissal of the case. The commission likewise may order the	79995
return of confiscated property if no criminal prosecution is	79996
pending or anticipated.	79997

(7) Delegate to any of its agents or employees any power of	79998
investigation that the division possesses with respect to the	79999
enforcement of any of the administrative laws relating to beer or	80000
intoxicating liquor, provided that this division does not	80001
authorize the division to designate any agent or employee to serve	80002
as an enforcement agent. The employment and designation of	80003
enforcement agents shall be within the exclusive authority of the	80004
director of public safety pursuant to sections 5502.13 to 5502.19	80005
of the Revised Code.	80006

(8) Collect the following fees:

80007

(a) A biennial fifty-dollar registration fee for each agent,	80008
solicitor, trade marketing professional, or salesperson,	80009
registered pursuant to section 4303.25 of the Revised Code, of a	80010
beer or intoxicating liquor manufacturer, supplier, broker, trade	80011
marketing company, or wholesale distributor doing business in this	80012
state;	80013

(b) A fifty-dollar product registration fee for each new beer	80014
or intoxicating liquor product sold in this state. The product	80015
registration fee also applies to products sold in this state by	80016
B-2a and S permit holders. The product registration fee shall be	80017
accompanied by a copy of the federal label and product approval	80018
for the new product.	80019

(c) An annual three-hundred-dollar supplier registration fee	80020
from each manufacturer or supplier that produces and ships into	80021
this state, or ships into this state, intoxicating liquor or beer,	80022
in addition to an initial application fee of one hundred dollars.	80023
A manufacturer that produces and ships beer or wine into this	80024
state and that holds only an S permit is exempt from the supplier	80025
registration fee. A manufacturer that produces and ships wine into	80026
this state and that holds a B-2a permit shall pay an annual	80027
seventy-six-dollar supplier registration fee. A manufacturer that	80028
produces and ships wine into this state and that does not hold	80029
either an S or a B-2a permit, but that produces less than two	80030
hundred fifty thousand gallons of wine per year and that is	80031
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	80032
annual seventy-six-dollar supplier registration fee. A B-2a or S	80033
permit holder that does not sell its wine to wholesale	80034
distributors of wine in this state and an S permit holder that	80035
does not sell its beer to wholesale distributors of beer in this	80036
state shall not be required to submit to the division territory	80037
designation forms.	80038

Each supplier, agent, solicitor, trade marketing	80039
professional, or salesperson registration issued under this	80040
division shall authorize the person named to carry on the activity	80041
specified in the registration. Each agent, solicitor, trade	80042
marketing professional, or salesperson registration is valid for	80043
two years or for the unexpired portion of a two-year registration	80044
period. Each supplier registration is valid for one year or for	80045
the unexpired portion of a one-year registration period.	80046
Registrations shall end on their respective uniform expiration	80047
date, which shall be designated by the division, and are subject	80048
to suspension, revocation, cancellation, or fine as authorized by	80049
this chapter and Chapter 4303. of the Revised Code.	80050

As used in this division, "trade marketing company" and	80051
"trade marketing professional" have the same meanings as in	80052
section 4301.171 of the Revised Code.	80053

(9) Establish a system of electronic data interchange within	80054
the division and regulate the electronic transfer of information	80055
and funds among persons and governmental entities engaged in the	80056
manufacture, distribution, and retail sale of alcoholic beverages;	80057

(10) Notify all holders of retail permits of the forms of	80058
permissible identification for purposes of division (A) of section	80059
4301.639 of the Revised Code;	80060

(11) Exercise all other powers expressly or by necessary	80061
implication conferred upon the division by this chapter and	80062
Chapter 4303. of the Revised Code, and all powers necessary for	80063
the exercise or discharge of any power, duty, or function	80064
expressly conferred or imposed upon the division by those	80065
chapters.	80066

(B) The division may do all of the following:

80067

(1) Sue, but may be sued only in connection with the	80068
execution of leases of real estate and the purchases and contracts	80069
necessary for the operation of the state liquor stores that are	80070
made under this chapter and Chapter 4303. of the Revised Code;	80071

(2) Enter into leases and contracts of all descriptions and	80072
acquire and transfer title to personal property with regard to the	80073
sale, distribution, and storage of spirituous liquor within the	80074
state;	80075

(3) Terminate at will any lease entered into pursuant to	80076
division (B)(2) of this section upon first giving ninety days'	80077
notice in writing to the lessor of its intention to do so;	80078

(4) Fix the wholesale and retail prices at which the various	80079
classes, varieties, and brands of spirituous liquor shall be sold	80080
by the division. Those retail prices shall be the same at all	80081
state liquor stores, except to the extent that a price	80082
differential is required to collect a county sales tax levied	80083
pursuant to section 5739.021 of the Revised Code and for which tax	80084
the tax commissioner has authorized prepayment pursuant to section	80085
5739.05 of the Revised Code. In fixing selling prices, the	80086
division shall compute an anticipated gross profit at least	80087
sufficient to provide in each calendar year all costs and expenses	80088
of the division and also an adequate working capital reserve for	80089
the division. The gross profit shall not exceed forty per cent of	80090
the retail selling price based on costs of the division, and in	80091
addition the sum required by section 4301.12 of the Revised Code	80092
to be paid into the state treasury. An amount equal to one and	80093
one-half per cent of that gross profit shall be paid into the	80094
statewide treatment and prevention fund created by section 4301.30	80095
of the Revised Code and be appropriated by the general assembly	80096
from the fund to the department of ~~alcohol and drug addiction~~	80097
~~services~~mental health and addiction services as provided in	80098
section 4301.30 of the Revised Code.	80099

On spirituous liquor manufactured in this state from the	80100
juice of grapes or fruits grown in this state, the division shall	80101
compute an anticipated gross profit of not to exceed ten per cent.	80102

The wholesale prices fixed under this division shall be at a	80103
discount of not less than six per cent of the retail selling	80104
prices as determined by the division in accordance with this	80105
section.	80106

(C) The division may approve the expansion or diminution of a	80107
premises to which a liquor permit has been issued and may adopt	80108
standards governing such an expansion or diminution.	80109

Sec. 4301.30. (A) All fees collected by the division of	80110
liquor control shall be deposited in the state treasury to the	80111
credit of the undivided liquor permit fund, which is hereby	80112
created, at the time prescribed under section 4301.12 of the	80113
Revised Code. Each payment shall be accompanied by a statement	80114
showing separately the amount collected for each class of permits	80115
in each municipal corporation and in each township outside the	80116
limits of any municipal corporation in such township.	80117

(B)(1) An amount equal to forty-five per cent of the fund	80118
shall be paid from the fund into the state liquor regulatory fund,	80119
which is hereby created in the state treasury. The state liquor	80120
regulatory fund shall be used to pay the operating expenses of the	80121
division of liquor control in administering and enforcing Title	80122
XLIII of the Revised Code and the operating expenses of the liquor	80123
control commission. Investment earnings of the fund shall be	80124
credited to the fund.	80125

(2) Whenever, in the judgment of the director of budget and	80126
management, the amount of money that is in the state liquor	80127
regulatory fund is in excess of the amount that is needed to pay	80128
the operating expenses of the division in administering and	80129
enforcing Title XLIII of the Revised Code and the operating	80130
expenses of the commission, the director shall credit the excess	80131
amount to the general revenue fund.	80132

(C) Twenty per cent of the undivided liquor permit fund shall	80133
be paid into the statewide treatment and prevention fund, which is	80134
hereby created in the state treasury. This amount shall be	80135
appropriated by the general assembly, together with an amount	80136
equal to one and one-half per cent of the gross profit of the	80137
division of liquor control derived under division (B)(4) of	80138
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	80139
~~and drug addiction services~~mental health and addiction services.	80140
In planning for the allocation of and in allocating these amounts	80141
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	80142
department ~~of alcohol and drug addiction services~~ shall comply	80143
with the nondiscrimination provisions of Title VI of the Civil	80144
Rights Act of 1964, and any rules adopted under that act.	80145

(D) Thirty-five per cent of the undivided liquor permit fund	80146
shall be distributed by the superintendent of liquor control at	80147
quarterly calendar periods as follows:	80148

(1) To each municipal corporation, the aggregate amount shown	80149
by the statements to have been collected from permits in the	80150
municipal corporation, for the use of the general fund of the	80151
municipal corporation;	80152

(2) To each township, the aggregate amount shown by the	80153
statements to have been collected from permits in its territory,	80154
outside the limits of any municipal corporation located in the	80155
township, for the use of the general fund of the township, or for	80156
fire protection purposes, including buildings and equipment in the	80157
township or in an established fire district within the township,	80158
to the extent that the funds are derived from liquor permits	80159
within the territory comprising such fire district.	80160

(E) For the purpose of the distribution required by this	80161
section, E, H, and D permits covering boats or vessels are deemed	80162
to have been issued in the municipal corporation or township	80163
wherein the owner or operator of the vehicle, boat, vessel, or	80164
dining car equipment to which the permit relates has the owner's	80165
or operator's principal office or place of business within the	80166
state.	80167

(F) If the liquor control commission determines that the	80168
police or other officers of any municipal corporation or township	80169
entitled to share in distributions under this section are refusing	80170
or culpably neglecting to enforce this chapter and Chapter 4303.	80171
of the Revised Code, or the penal laws of this state relating to	80172
the manufacture, importation, transportation, distribution, and	80173
sale of beer and intoxicating liquors, or if the prosecuting	80174
officer of a municipal corporation or a municipal court fails to	80175
comply with the request of the commission authorized by division	80176
(A)(4) of section 4301.10 of the Revised Code, the commission, by	80177
certified mail, may notify the chief executive officer of the	80178
municipal corporation or the board of township trustees of the	80179
township of the failure and require the immediate cooperation of	80180
the responsible officers of the municipal corporation or township	80181
with the division of liquor control in the enforcement of those	80182
chapters and penal laws. Within thirty days after the notice is	80183
served, the commission shall determine whether the requirement has	80184
been complied with. If the commission determines that the	80185
requirement has not been complied with, it may issue an order to	80186
the superintendent to withhold the distributive share of the	80187
municipal corporation or township until further order of the	80188
commission. This action of the commission is reviewable within	80189
thirty days thereafter in the court of common pleas of Franklin	80190
county.	80191

(G) All fees collected by the division of liquor control from	80192
the issuance or renewal of B-2a and S permits, and paid by B-2a	80193
and S permit holders who do not also hold A-2 permits, shall be	80194
deposited in the state treasury to the credit of the state liquor	80195
regulatory fund. Once during each fiscal year, an amount equal to	80196
fifty per cent of the fees collected shall be paid from the state	80197
liquor regulatory fund into the general revenue fund.	80198

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	80199
the Revised Code:	80200

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	80201
fluid ounces.	80202

(2) "Sale" or "sell" includes exchange, barter, gift,	80203
distribution, and, except with respect to A-4 permit holders,	80204
offer for sale.	80205

(B) For the purposes of providing revenues for the support of	80206
the state and encouraging the grape industries in the state, a tax	80207
is hereby levied on the sale or distribution of wine in Ohio,	80208
except for known sacramental purposes, at the rate of thirty cents	80209
per wine gallon for wine containing not less than four per cent of	80210
alcohol by volume and not more than fourteen per cent of alcohol	80211
by volume, ninety-eight cents per wine gallon for wine containing	80212
more than fourteen per cent but not more than twenty-one per cent	80213
of alcohol by volume, one dollar and eight cents per wine gallon	80214
for vermouth, and one dollar and forty-eight cents per wine gallon	80215
for sparkling and carbonated wine and champagne, the tax to be	80216
paid by the holders of A-2 and B-5 permits or by any other person	80217
selling or distributing wine upon which no tax has been paid. From	80218
the tax paid under this section on wine, vermouth, and sparkling	80219
and carbonated wine and champagne, the treasurer of state shall	80220
credit to the Ohio grape industries fund created under section	80221
924.54 of the Revised Code a sum equal to one cent per gallon for	80222
each gallon upon which the tax is paid.	80223

(C) For the purpose of providing revenues for the support of	80224
the state, there is hereby levied a tax on prepared and bottled	80225
highballs, cocktails, cordials, and other mixed beverages at the	80226
rate of one dollar and twenty cents per wine gallon to be paid by	80227
holders of A-4 permits or by any other person selling or	80228
distributing those products upon which no tax has been paid. Only	80229
one sale of the same article shall be used in computing the amount	80230
of tax due. The tax on mixed beverages to be paid by holders of	80231
A-4 permits under this section shall not attach until the	80232
ownership of the mixed beverage is transferred for valuable	80233
consideration to a wholesaler or retailer, and no payment of the	80234
tax shall be required prior to that time.	80235

(D) During the period of July 1, ~~2011~~2013, through June 30,	80236
~~2013~~2015, from the tax paid under this section on wine, vermouth,	80237
and sparkling and carbonated wine and champagne, the treasurer of	80238
state shall credit to the Ohio grape industries fund created under	80239
section 924.54 of the Revised Code a sum equal to two cents per	80240
gallon upon which the tax is paid. The amount credited under this	80241
division is in addition to the amount credited to the Ohio grape	80242
industries fund under division (B) of this section.	80243

(E) For the purpose of providing revenues for the support of	80244
the state, there is hereby levied a tax on cider at the rate of	80245
twenty-four cents per wine gallon to be paid by the holders of A-2	80246
and B-5 permits or by any other person selling or distributing	80247
cider upon which no tax has been paid. Only one sale of the same	80248
article shall be used in computing the amount of the tax due.	80249

Sec. 4301.62. (A) As used in this section:

80250

(1) "Chauffeured limousine" means a vehicle registered under	80251
section 4503.24 of the Revised Code.	80252

(2) "Street," "highway," and "motor vehicle" have the same	80253
meanings as in section 4511.01 of the Revised Code.	80254

(B) No person shall have in the person's possession an opened	80255
container of beer or intoxicating liquor in any of the following	80256
circumstances:	80257

(1) Except as provided in division (C)(1)(e) of this section,	80258
in an agency store;	80259

(2) Except as provided in division (C) of this section, on	80260
the premises of the holder of any permit issued by the division of	80261
liquor control;	80262

(3) In any other public place;

80263

(4) Except as provided in division (D) or (E) of this	80264
section, while operating or being a passenger in or on a motor	80265
vehicle on any street, highway, or other public or private	80266
property open to the public for purposes of vehicular travel or	80267
parking;	80268

(5) Except as provided in division (D) or (E) of this	80269
section, while being in or on a stationary motor vehicle on any	80270
street, highway, or other public or private property open to the	80271
public for purposes of vehicular travel or parking.	80272

(C)(1) A person may have in the person's possession an opened	80273
container of any of the following:	80274

(a) Beer or intoxicating liquor that has been lawfully	80275
purchased for consumption on the premises where bought from the	80276
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	80277
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	80278
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	80279
F-8 permit;	80280

(b) Beer, wine, or mixed beverages served for consumption on	80281
the premises by the holder of an F-3 permit or wine served for	80282
consumption on the premises by the holder of an F-4 or F-6 permit;	80283

(c) Beer or intoxicating liquor consumed on the premises of a	80284
convention facility as provided in section 4303.201 of the Revised	80285
Code;	80286

(d) Beer or intoxicating liquor to be consumed during	80287
tastings and samplings approved by rule of the liquor control	80288
commission;	80289

(e) Spirituous liquor to be consumed for purposes of a	80290
tasting sample, as defined in section 4301.171 of the Revised	80291
Code.	80292

(2) A person may have in the person's possession on an F	80293
liquor permit premises an opened container of beer or intoxicating	80294
liquor that was not purchased from the holder of the F permit if	80295
the premises for which the F permit is issued is a music festival	80296
and the holder of the F permit grants permission for that	80297
possession on the premises during the period for which the F	80298
permit is issued. As used in this division, "music festival" means	80299
a series of outdoor live musical performances, extending for a	80300
period of at least three consecutive days and located on an area	80301
of land of at least forty acres.	80302

(3)(a) A person may have in the person's possession on a D-2	80303
liquor permit premises an opened or unopened container of wine	80304
that was not purchased from the holder of the D-2 permit if the	80305
premises for which the D-2 permit is issued is an outdoor	80306
performing arts center, the person is attending an orchestral	80307
performance, and the holder of the D-2 permit grants permission	80308
for the possession and consumption of wine in certain	80309
predesignated areas of the premises during the period for which	80310
the D-2 permit is issued.	80311

(b) As used in division (C)(3)(a) of this section:

80312

(i) "Orchestral performance" means a concert comprised of a	80313
group of not fewer than forty musicians playing various musical	80314
instruments.	80315

(ii) "Outdoor performing arts center" means an outdoor	80316
performing arts center that is located on not less than one	80317
hundred fifty acres of land and that is open for performances from	80318
the first day of April to the last day of October of each year.	80319

(4) A person may have in the person's possession an opened or	80320
unopened container of beer or intoxicating liquor at an outdoor	80321
location at which the person is attending an orchestral	80322
performance as defined in division (C)(3)(b)(i) of this section if	80323
the person with supervision and control over the performance	80324
grants permission for the possession and consumption of beer or	80325
intoxicating liquor in certain predesignated areas of that outdoor	80326
location.	80327

(5) A person may have in the person's possession on an F-9	80328
liquor permit premises an opened or unopened container of beer or	80329
intoxicating liquor that was not purchased from the holder of the	80330
F-9 permit if the person is attending an orchestral performance	80331
and the holder of the F-9 permit grants permission for the	80332
possession and consumption of beer or intoxicating liquor in	80333
certain predesignated areas of the premises during the period for	80334
which the F-9 permit is issued.	80335

As used in division (C)(5) of this section, "orchestral	80336
performance" has the same meaning as in division (C)(3)(b) of this	80337
section.	80338

(6)(a) A person may have in the person's possession on the	80339
premises of an outdoor motorsports facility an opened or unopened	80340
container of beer or intoxicating liquor that was not purchased	80341
from the owner of the facility if both of the following apply:	80342

(i) The person is attending a racing event at the facility;	80343
and	80344

(ii) The owner of the facility grants permission for the	80345
possession and consumption of beer or intoxicating liquor on the	80346
premises of the facility.	80347

(b) As used in division (C)(6)(a) of this section:

80348

(i) "Racing event" means a motor vehicle racing event	80349
sanctioned by one or more motor racing sanctioning organizations.	80350

(ii) "Outdoor motorsports facility" means an outdoor	80351
racetrack to which all of the following apply:	80352

(I) It is two and four-tenths miles or more in length.

80353

(II) It is located on two hundred acres or more of land.

80354

(III) The primary business of the owner of the facility is	80355
the hosting and promoting of racing events.	80356

(IV) The owner of the facility is the holder of a D-1, D-2,	80357
and D-3 permit.	80358

(D) This section does not apply to a person who pays all or a	80359
portion of the fee imposed for the use of a chauffeured limousine	80360
pursuant to a prearranged contract, or the guest of the person,	80361
when all of the following apply:	80362

(1) The person or guest is a passenger in the limousine.

80363

(2) The person or guest is located in the limousine, but is	80364
not occupying a seat in the front compartment of the limousine	80365
where the operator of the limousine is located.	80366

(3) The limousine is located on any street, highway, or other	80367
public or private property open to the public for purposes of	80368
vehicular travel or parking.	80369

(E) An opened bottle of wine that was purchased from the	80370
holder of a permit that authorizes the sale of wine for	80371
consumption on the premises where sold is not an opened container	80372
for the purposes of this section if both of the following apply:	80373

(1) The opened bottle of wine is securely resealed by the	80374
permit holder or an employee of the permit holder before the	80375
bottle is removed from the premises. The bottle shall be secured	80376
in such a manner that it is visibly apparent if the bottle has	80377
been subsequently opened or tampered with.	80378

(2) The opened bottle of wine that is resealed in accordance	80379
with division (E)(1) of this section is stored in the trunk of a	80380
motor vehicle or, if the motor vehicle does not have a trunk,	80381
behind the last upright seat or in an area not normally occupied	80382
by the driver or passengers and not easily accessible by the	80383
driver.	80384

Sec. 4303.181. (A) Permit D-5a may be issued either to the	80385
owner or operator of a hotel or motel that is required to be	80386
licensed under section 3731.03 of the Revised Code, that contains	80387
at least fifty rooms for registered transient guests or is owned	80388
by a state institution of higher education as defined in section	80389
3345.011 of the Revised Code or a private college or university,	80390
and that qualifies under the other requirements of this section,	80391
or to the owner or operator of a restaurant specified under this	80392
section, to sell beer and any intoxicating liquor at retail, only	80393
by the individual drink in glass and from the container, for	80394
consumption on the premises where sold, and to registered guests	80395
in their rooms, which may be sold by means of a controlled access	80396
alcohol and beverage cabinet in accordance with division (B) of	80397
section 4301.21 of the Revised Code; and to sell the same products	80398
in the same manner and amounts not for consumption on the premises	80399
as may be sold by holders of D-1 and D-2 permits. The premises of	80400
the hotel or motel shall include a retail food establishment or a	80401
food service operation licensed pursuant to Chapter 3717. of the	80402
Revised Code that operates as a restaurant for purposes of this	80403
chapter and that is affiliated with the hotel or motel and within	80404
or contiguous to the hotel or motel, and that serves food within	80405
the hotel or motel, but the principal business of the owner or	80406
operator of the hotel or motel shall be the accommodation of	80407
transient guests. In addition to the privileges authorized in this	80408
division, the holder of a D-5a permit may exercise the same	80409
privileges as the holder of a D-5 permit.	80410

The owner or operator of a hotel, motel, or restaurant who	80411
qualified for and held a D-5a permit on August 4, 1976, may, if	80412
the owner or operator held another permit before holding a D-5a	80413
permit, either retain a D-5a permit or apply for the permit	80414
formerly held, and the division of liquor control shall issue the	80415
permit for which the owner or operator applies and formerly held,	80416
notwithstanding any quota.	80417

A D-5a permit shall not be transferred to another location.	80418
No quota restriction shall be placed on the number of D-5a permits	80419
that may be issued.	80420

The fee for this permit is two thousand three hundred	80421
forty-four dollars.	80422

(B) Permit D-5b may be issued to the owner, operator, tenant,	80423
lessee, or occupant of an enclosed shopping center to sell beer	80424
and intoxicating liquor at retail, only by the individual drink in	80425
glass and from the container, for consumption on the premises	80426
where sold; and to sell the same products in the same manner and	80427
amount not for consumption on the premises as may be sold by	80428
holders of D-1 and D-2 permits. In addition to the privileges	80429
authorized in this division, the holder of a D-5b permit may	80430
exercise the same privileges as a holder of a D-5 permit.	80431

A D-5b permit shall not be transferred to another location.

80432

One D-5b permit may be issued at an enclosed shopping center	80433
containing at least two hundred twenty-five thousand, but less	80434
than four hundred thousand, square feet of floor area.	80435

Two D-5b permits may be issued at an enclosed shopping center	80436
containing at least four hundred thousand square feet of floor	80437
area. No more than one D-5b permit may be issued at an enclosed	80438
shopping center for each additional two hundred thousand square	80439
feet of floor area or fraction of that floor area, up to a maximum	80440
of five D-5b permits for each enclosed shopping center. The number	80441
of D-5b permits that may be issued at an enclosed shopping center	80442
shall be determined by subtracting the number of D-3 and D-5	80443
permits issued in the enclosed shopping center from the number of	80444
D-5b permits that otherwise may be issued at the enclosed shopping	80445
center under the formulas provided in this division. Except as	80446
provided in this section, no quota shall be placed on the number	80447
of D-5b permits that may be issued. Notwithstanding any quota	80448
provided in this section, the holder of any D-5b permit first	80449
issued in accordance with this section is entitled to its renewal	80450
in accordance with section 4303.271 of the Revised Code.	80451

The holder of a D-5b permit issued before April 4, 1984,	80452
whose tenancy is terminated for a cause other than nonpayment of	80453
rent, may return the D-5b permit to the division of liquor	80454
control, and the division shall cancel that permit. Upon	80455
cancellation of that permit and upon the permit holder's payment	80456
of taxes, contributions, premiums, assessments, and other debts	80457
owing or accrued upon the date of cancellation to this state and	80458
its political subdivisions and a filing with the division of a	80459
certification of that payment, the division shall issue to that	80460
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	80461
that person requests. The division shall issue the D-5 permit, or	80462
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	80463
D-3, or D-5 permits currently issued in the municipal corporation	80464
or in the unincorporated area of the township where that person's	80465
proposed premises is located equals or exceeds the maximum number	80466
of such permits that can be issued in that municipal corporation	80467
or in the unincorporated area of that township under the	80468
population quota restrictions contained in section 4303.29 of the	80469
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	80470
be transferred to another location. If a D-5b permit is canceled	80471
under the provisions of this paragraph, the number of D-5b permits	80472
that may be issued at the enclosed shopping center for which the	80473
D-5b permit was issued, under the formula provided in this	80474
division, shall be reduced by one if the enclosed shopping center	80475
was entitled to more than one D-5b permit under the formula.	80476

The fee for this permit is two thousand three hundred	80477
forty-four dollars.	80478

(C) Permit D-5c may be issued to the owner or operator of a	80479
retail food establishment or a food service operation licensed	80480
pursuant to Chapter 3717. of the Revised Code that operates as a	80481
restaurant for purposes of this chapter and that qualifies under	80482
the other requirements of this section to sell beer and any	80483
intoxicating liquor at retail, only by the individual drink in	80484
glass and from the container, for consumption on the premises	80485
where sold, and to sell the same products in the same manner and	80486
amounts not for consumption on the premises as may be sold by	80487
holders of D-1 and D-2 permits. In addition to the privileges	80488
authorized in this division, the holder of a D-5c permit may	80489
exercise the same privileges as the holder of a D-5 permit.	80490

To qualify for a D-5c permit, the owner or operator of a	80491
retail food establishment or a food service operation licensed	80492
pursuant to Chapter 3717. of the Revised Code that operates as a	80493
restaurant for purposes of this chapter, shall have operated the	80494
restaurant at the proposed premises for not less than twenty-four	80495
consecutive months immediately preceding the filing of the	80496
application for the permit, have applied for a D-5 permit no later	80497
than December 31, 1988, and appear on the division's quota waiting	80498
list for not less than six months immediately preceding the filing	80499
of the application for the permit. In addition to these	80500
requirements, the proposed D-5c permit premises shall be located	80501
within a municipal corporation and further within an election	80502
precinct that, at the time of the application, has no more than	80503
twenty-five per cent of its total land area zoned for residential	80504
use.	80505

A D-5c permit shall not be transferred to another location.	80506
No quota restriction shall be placed on the number of such permits	80507
that may be issued.	80508

Any person who has held a D-5c permit for at least two years	80509
may apply for a D-5 permit, and the division of liquor control	80510
shall issue the D-5 permit notwithstanding the quota restrictions	80511
contained in section 4303.29 of the Revised Code or in any rule of	80512
the liquor control commission.	80513

The fee for this permit is one thousand five hundred	80514
sixty-three dollars.	80515

(D) Permit D-5d may be issued to the owner or operator of a	80516
retail food establishment or a food service operation licensed	80517
pursuant to Chapter 3717. of the Revised Code that operates as a	80518
restaurant for purposes of this chapter and that is located at an	80519
airport operated by a board of county commissioners pursuant to	80520
section 307.20 of the Revised Code, at an airport operated by a	80521
port authority pursuant to Chapter 4582. of the Revised Code, or	80522
at an airport operated by a regional airport authority pursuant to	80523
Chapter 308. of the Revised Code. The holder of a D-5d permit may	80524
sell beer and any intoxicating liquor at retail, only by the	80525
individual drink in glass and from the container, for consumption	80526
on the premises where sold, and may sell the same products in the	80527
same manner and amounts not for consumption on the premises where	80528
sold as may be sold by the holders of D-1 and D-2 permits. In	80529
addition to the privileges authorized in this division, the holder	80530
of a D-5d permit may exercise the same privileges as the holder of	80531
a D-5 permit.	80532

A D-5d permit shall not be transferred to another location.	80533
No quota restrictions shall be placed on the number of such	80534
permits that may be issued.	80535

The fee for this permit is two thousand three hundred	80536
forty-four dollars.	80537

(E) Permit D-5e may be issued to any nonprofit organization	80538
that is exempt from federal income taxation under the "Internal	80539
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	80540
amended, or that is a charitable organization under any chapter of	80541
the Revised Code, and that owns or operates a riverboat that meets	80542
all of the following:	80543

(1) Is permanently docked at one location;

80544

(2) Is designated as an historical riverboat by the Ohio	80545
historical society;	80546

(3) Contains not less than fifteen hundred square feet of	80547
floor area;	80548

(4) Has a seating capacity of fifty or more persons.

80549

The holder of a D-5e permit may sell beer and intoxicating	80550
liquor at retail, only by the individual drink in glass and from	80551
the container, for consumption on the premises where sold.	80552

A D-5e permit shall not be transferred to another location.	80553
No quota restriction shall be placed on the number of such permits	80554
that may be issued. The population quota restrictions contained in	80555
section 4303.29 of the Revised Code or in any rule of the liquor	80556
control commission shall not apply to this division, and the	80557
division shall issue a D-5e permit to any applicant who meets the	80558
requirements of this division. However, the division shall not	80559
issue a D-5e permit if the permit premises or proposed permit	80560
premises are located within an area in which the sale of	80561
spirituous liquor by the glass is prohibited.	80562

The fee for this permit is one thousand two hundred nineteen	80563
dollars.	80564

(F) Permit D-5f may be issued to the owner or operator of a	80565
retail food establishment or a food service operation licensed	80566
under Chapter 3717. of the Revised Code that operates as a	80567
restaurant for purposes of this chapter and that meets all of the	80568
following:	80569

(1) It contains not less than twenty-five hundred square feet	80570
of floor area.	80571

(2) It is located on or in, or immediately adjacent to, the	80572
shoreline of, a navigable river.	80573

(3) It provides docking space for twenty-five boats.

80574

(4) It provides entertainment and recreation, provided that	80575
not less than fifty per cent of the business on the permit	80576
premises shall be preparing and serving meals for a consideration.	80577

In addition, each application for a D-5f permit shall be	80578
accompanied by a certification from the local legislative	80579
authority that the issuance of the D-5f permit is not inconsistent	80580
with that political subdivision's comprehensive development plan	80581
or other economic development goal as officially established by	80582
the local legislative authority.	80583

The holder of a D-5f permit may sell beer and intoxicating	80584
liquor at retail, only by the individual drink in glass and from	80585
the container, for consumption on the premises where sold.	80586

A D-5f permit shall not be transferred to another location.

80587

The division of liquor control shall not issue a D-5f permit	80588
if the permit premises or proposed permit premises are located	80589
within an area in which the sale of spirituous liquor by the glass	80590
is prohibited.	80591

A fee for this permit is two thousand three hundred	80592
forty-four dollars.	80593

As used in this division, "navigable river" means a river	80594
that is also a "navigable water" as defined in the "Federal Power	80595
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	80596

(G) Permit D-5g may be issued to a nonprofit corporation that	80597
is either the owner or the operator of a national professional	80598
sports museum. The holder of a D-5g permit may sell beer and any	80599
intoxicating liquor at retail, only by the individual drink in	80600
glass and from the container, for consumption on the premises	80601
where sold. The holder of a D-5g permit shall sell no beer or	80602
intoxicating liquor for consumption on the premises where sold	80603
after two-thirty a.m. A D-5g permit shall not be transferred to	80604
another location. No quota restrictions shall be placed on the	80605
number of D-5g permits that may be issued. The fee for this permit	80606
is one thousand eight hundred seventy-five dollars.	80607

(H)(1) Permit D-5h may be issued to any nonprofit	80608
organization that is exempt from federal income taxation under the	80609
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	80610
501(c)(3), as amended, that owns or operates any of the following:	80611

(a) A fine arts museum, provided that the nonprofit	80612
organization has no less than one thousand five hundred bona fide	80613
members possessing full membership privileges;	80614

(b) A community arts center. As used in division (H)(1)(b) of	80615
this section, "community arts center" means a facility that	80616
provides arts programming to the community in more than one arts	80617
discipline, including, but not limited to, exhibits of works of	80618
art and performances by both professional and amateur artists.	80619

(c) A community theater, provided that the nonprofit	80620
organization is a member of the Ohio arts council and the American	80621
community theatre association and has been in existence for not	80622
less than ten years. As used in division (H)(1)(c) of this	80623
section, "community theater" means a facility that contains at	80624
least one hundred fifty seats and has a primary function of	80625
presenting live theatrical performances and providing recreational	80626
opportunities to the community.	80627

(2) The holder of a D-5h permit may sell beer and any	80628
intoxicating liquor at retail, only by the individual drink in	80629
glass and from the container, for consumption on the premises	80630
where sold. The holder of a D-5h permit shall sell no beer or	80631
intoxicating liquor for consumption on the premises where sold	80632
after one a.m. A D-5h permit shall not be transferred to another	80633
location. No quota restrictions shall be placed on the number of	80634
D-5h permits that may be issued.	80635

(3) The fee for a D-5h permit is one thousand eight hundred	80636
seventy-five dollars.	80637

(I) Permit D-5i may be issued to the owner or operator of a	80638
retail food establishment or a food service operation licensed	80639
under Chapter 3717. of the Revised Code that operates as a	80640
restaurant for purposes of this chapter and that meets all of the	80641
following requirements:	80642

(1) It is located in a municipal corporation or a township	80643
with a population of one hundred thousand or less.	80644

(2) It has inside seating capacity for at least one hundred	80645
forty persons.	80646

(3) It has at least four thousand square feet of floor area.

80647

(4) It offers full-course meals, appetizers, and sandwiches.

80648

(5) Its receipts from beer and liquor sales, excluding wine	80649
sales, do not exceed twenty-five per cent of its total gross	80650
receipts.	80651

(6) It has at least one of the following characteristics:

80652

(a) The value of its real and personal property exceeds seven	80653
hundred twenty-five thousand dollars.	80654

(b) It is located on property that is owned or leased by the	80655
state or a state agency, and its owner or operator has	80656
authorization from the state or the state agency that owns or	80657
leases the property to obtain a D-5i permit.	80658

The holder of a D-5i permit may sell beer and any	80659
intoxicating liquor at retail, only by the individual drink in	80660
glass and from the container, for consumption on the premises	80661
where sold, and may sell the same products in the same manner and	80662
amounts not for consumption on the premises where sold as may be	80663
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	80664
permit shall sell no beer or intoxicating liquor for consumption	80665
on the premises where sold after two-thirty a.m. In addition to	80666
the privileges authorized in this division, the holder of a D-5i	80667
permit may exercise the same privileges as the holder of a D-5	80668
permit.	80669

A D-5i permit shall not be transferred to another location.	80670
The division of liquor control shall not renew a D-5i permit	80671
unless the retail food establishment or food service operation for	80672
which it is issued continues to meet the requirements described in	80673
divisions (I)(1) to (6) of this section. No quota restrictions	80674
shall be placed on the number of D-5i permits that may be issued.	80675
The fee for the D-5i permit is two thousand three hundred	80676
forty-four dollars.	80677

(J) Permit D-5j may be issued to the owner or the operator of	80678
a retail food establishment or a food service operation licensed	80679
under Chapter 3717. of the Revised Code to sell beer and	80680
intoxicating liquor at retail, only by the individual drink in	80681
glass and from the container, for consumption on the premises	80682
where sold and to sell beer and intoxicating liquor in the same	80683
manner and amounts not for consumption on the premises where sold	80684
as may be sold by the holders of D-1 and D-2 permits. The holder	80685
of a D-5j permit may exercise the same privileges, and shall	80686
observe the same hours of operation, as the holder of a D-5	80687
permit.	80688

The D-5j permit shall be issued only within a community	80689
entertainment district that is designated under section 4301.80 of	80690
the Revised Code and that meets one of the following	80691
qualifications:	80692

(1) It is located in a municipal corporation with a	80693
population of at least one hundred thousand.	80694

(2) It is located in a municipal corporation with a	80695
population of at least twenty thousand, and either of the	80696
following applies:	80697

(a) It contains an amusement park the rides of which have	80698
been issued a permit by the department of agriculture under	80699
Chapter 1711. of the Revised Code.	80700

(b) Not less than fifty million dollars will be invested in	80701
development and construction in the community entertainment	80702
district's area located in the municipal corporation.	80703

(3) It is located in a township with a population of at least	80704
forty thousand.	80705

(4) It is located in a township with a population of at least	80706
twenty thousand, and not less than seventy million dollars will be	80707
invested in development and construction in the community	80708
entertainment district's area located in the township.	80709

(5) It is located in a municipal corporation with a	80710
population between ten thousand and twenty thousand, and both of	80711
the following apply:	80712

(a) The municipal corporation was incorporated as a village	80713
prior to calendar year 1840 and currently has a historic downtown	80714
business district.	80715

(b) The municipal corporation is located in the same county	80716
as another municipal corporation with at least one community	80717
entertainment district.	80718

(6) It is located in a municipal corporation with a	80719
population of at least ten thousand, and not less than seventy	80720
million dollars will be invested in development and construction	80721
in the community entertainment district's area located in the	80722
municipal corporation.	80723

(7) It is located in a municipal corporation with a	80724
population of at least five thousand, and not less than one	80725
hundred million dollars will be invested in development and	80726
construction in the community entertainment district's area	80727
located in the municipal corporation.	80728

The location of a D-5j permit may be transferred only within	80729
the geographic boundaries of the community entertainment district	80730
in which it was issued and shall not be transferred outside the	80731
geographic boundaries of that district.	80732

Not more than one D-5j permit shall be issued within each	80733
community entertainment district for each five acres of land	80734
located within the district. Not more than fifteen D-5j permits	80735
may be issued within a single community entertainment district.	80736
Except as otherwise provided in division (J)(4) of this section,	80737
no quota restrictions shall be placed upon the number of D-5j	80738
permits that may be issued.	80739

The fee for a D-5j permit is two thousand three hundred	80740
forty-four dollars.	80741

(K)(1) Permit D-5k may be issued to any nonprofit	80742
organization that is exempt from federal income taxation under the	80743
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	80744
501(c)(3), as amended, that is the owner or operator of a	80745
botanical garden recognized by the American association of	80746
botanical gardens and arboreta, and that has not less than	80747
twenty-five hundred bona fide members.	80748

(2) The holder of a D-5k permit may sell beer and any	80749
intoxicating liquor at retail, only by the individual drink in	80750
glass and from the container, on the premises where sold.	80751

(3) The holder of a D-5k permit shall sell no beer or	80752
intoxicating liquor for consumption on the premises where sold	80753
after one a.m.	80754

(4) A D-5k permit shall not be transferred to another	80755
location.	80756

(5) No quota restrictions shall be placed on the number of	80757
D-5k permits that may be issued.	80758

(6) The fee for the D-5k permit is one thousand eight hundred	80759
seventy-five dollars.	80760

(L)(1) Permit D-5l may be issued to the owner or the operator	80761
of a retail food establishment or a food service operation	80762
licensed under Chapter 3717. of the Revised Code to sell beer and	80763
intoxicating liquor at retail, only by the individual drink in	80764
glass and from the container, for consumption on the premises	80765
where sold and to sell beer and intoxicating liquor in the same	80766
manner and amounts not for consumption on the premises where sold	80767
as may be sold by the holders of D-1 and D-2 permits. The holder	80768
of a D-5l permit may exercise the same privileges, and shall	80769
observe the same hours of operation, as the holder of a D-5	80770
permit.	80771

(2) The D-5l permit shall be issued only to a premises to	80772
which all of the following apply:	80773

(a) The premises has gross annual receipts from the sale of	80774
food and meals that constitute not less than seventy-five per cent	80775
of its total gross annual receipts.	80776

(b) The premises is located within a revitalization district	80777
that is designated under section 4301.81 of the Revised Code.	80778

(c) The premises is located in a municipal corporation or	80779
township in which the number of D-5 permits issued equals or	80780
exceeds the number of those permits that may be issued in that	80781
municipal corporation or township under section 4303.29 of the	80782
Revised Code.	80783

(d) The premises meets any of the following qualifications:

80784

(i) It is located in a county with a population of one	80785
hundred twenty-five thousand or less according to the population	80786
estimates certified by the development services agency for	80787
calendar year 2006.	80788

(ii) It is located in the municipal corporation that has the	80789
largest population in a county when the county has a population	80790
between two hundred fifteen thousand and two hundred twenty-five	80791
thousand according to the population estimates certified by the	80792
development services agency for calendar year 2006. Division	80793
(L)(2)(d)(ii) of this section applies only to a municipal	80794
corporation that is wholly located in a county.	80795

(iii) It is located in the municipal corporation that has the	80796
largest population in a county when the county has a population	80797
between one hundred forty thousand and one hundred forty-one	80798
thousand according to the population estimates certified by the	80799
development services agency for calendar year 2006. Division	80800
(L)(2)(d)(iii) of this section applies only to a municipal	80801
corporation that is wholly located in a county.	80802

(3) The location of a D-5l permit may be transferred only	80803
within the geographic boundaries of the revitalization district in	80804
which it was issued and shall not be transferred outside the	80805
geographic boundaries of that district.	80806

(4) Not more than one D-5l permit shall be issued within each	80807
revitalization district for each five acres of land located within	80808
the district. Not more than fifteen D-5l permits may be issued	80809
within a single revitalization district. Except as otherwise	80810
provided in division (L)(4) of this section, no quota restrictions	80811
shall be placed upon the number of D-5l permits that may be	80812
issued.	80813

(5) No D-5l permit shall be issued to an adult entertainment	80814
establishment as defined in section 2907.39 of the Revised Code.	80815

(6) The fee for a D-5l permit is two thousand three hundred	80816
forty-four dollars.	80817

(M) Permit D-5m may be issued to either the owner or the	80818
operator of a retail food establishment or food service operation	80819
licensed under Chapter 3717. of the Revised Code that operates as	80820
a restaurant for purposes of this chapter and that is located in,	80821
or affiliated with, a center for the preservation of wild animals	80822
as defined in section 4301.404 of the Revised Code, to sell beer	80823
and any intoxicating liquor at retail, only by the glass and from	80824
the container, for consumption on the premises where sold, and to	80825
sell the same products in the same manner and amounts not for	80826
consumption on the premises as may be sold by the holders of D-1	80827
and D-2 permits. In addition to the privileges authorized by this	80828
division, the holder of a D-5m permit may exercise the same	80829
privileges as the holder of a D-5 permit.	80830

A D-5m permit shall not be transferred to another location.	80831
No quota restrictions shall be placed on the number of D-5m	80832
permits that may be issued. The fee for a permit D-5m is two	80833
thousand three hundred forty-four dollars.	80834

(N) Permit D-5n shall be issued to either a casino operator	80835
or a casino management company licensed under Chapter 3772. of the	80836
Revised Code that operates a casino facility under that chapter,	80837
to sell beer and any intoxicating liquor at retail, only by the	80838
individual drink in glass and from the container, for consumption	80839
on the premises where sold, and to sell the same products in the	80840
same manner and amounts not for consumption on the premises as may	80841
be sold by the holders of D-1 and D-2 permits. In addition to the	80842
privileges authorized by this division, the holder of a D-5n	80843
permit may exercise the same privileges as the holder of a D-5	80844
permit. A D-5n permit shall not be transferred to another	80845
location. Only one D-5n permit may be issued per casino facility	80846
and not more than four D-5n permits shall be issued in this state.	80847
The fee for a permit D-5n shall be twenty thousand dollars. The	80848
holder of a D-5n permit may conduct casino gaming on the permit	80849
premises notwithstanding any provision of the Revised Code or	80850
Administrative Code.	80851

(O) Permit D-5o may be issued to the owner or operator of a	80852
retail food establishment or a food service operation licensed	80853
under Chapter 3717. of the Revised Code that operates as a	80854
restaurant for purposes of this chapter and that is located within	80855
a casino facility for which a D-5n permit has been issued. The	80856
holder of a D-5o permit may sell beer and any intoxicating liquor	80857
at retail, only by the individual drink in glass and from the	80858
container, for consumption on the premises where sold, and may	80859
sell the same products in the same manner and amounts not for	80860
consumption on the premises where sold as may be sold by the	80861
holders of D-1 and D-2 permits. In addition to the privileges	80862
authorized by this division, the holder of a D-5o permit may	80863
exercise the same privileges as the holder of a D-5 permit. A D-5o	80864
permit shall not be transferred to another location. No quota	80865
restrictions shall be placed on the number of such permits that	80866
may be issued. The fee for this permit is two thousand three	80867
hundred forty-four dollars.	80868

(P) Permit D-5p may be issued to the owner or operator of a	80869
retail food establishment or a food service operation licensed	80870
under Chapter 3717. of the Revised Code that operates as a	80871
restaurant for purposes of this chapter and that is located within	80872
a park district. The holder of a D-5p permit may sell beer and any	80873
intoxicating liquor at retail, only by the individual drink in	80874
glass and from the container, for consumption on the premises	80875
where sold, and may sell the same products in the same manner and	80876
amounts not for consumption on the premises where sold as may be	80877
sold by the holders of D-1 and D-2 permits. In addition to the	80878
privileges authorized by this division, the holder of a D-5p	80879
permit may exercise the same privileges as the holder of a D-5	80880
permit. A D-5p permit shall not be transferred to another	80881
location. No quota restrictions shall be placed on the number of	80882
such permits that may be issued. The fee for a D-5p permit is two	80883
thousand three hundred forty-four dollars.	80884

As used in this division, "park district" means a park	80885
district that is created under Chapter 1545. of the Revised Code	80886
consisting of not less than twenty-two thousand acres of land, a	80887
portion of which is adjacent to Lake Erie.	80888

Sec. 4305.131. (A) If any permit holder fails to pay the	80889
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	80890
the Revised Code in the manner prescribed by section 4303.33 of	80891
the Revised Code, or by section 4301.421 or 4301.424 of the	80892
Revised Code in the manner prescribed in section 4301.422 of the	80893
Revised Code, and by the rules of the tax commissioner, the	80894
commissioner may make an assessment against the permit holder	80895
based upon any information in the commissioner's possession.	80896

No assessment shall be made against any permit holder for any	80897
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	80898
4301.432, or 4305.01 of the Revised Code more than three years	80899
after the last day of the calendar month in which the sale was	80900
made or more than three years after the return for that period is	80901
filed, whichever is later. This section does not bar an assessment	80902
against any permit holder or registrant as provided in section	80903
4303.331 of the Revised Code who fails to file a return as	80904
required by section 4301.422 or 4303.33 of the Revised Code, or	80905
who files a fraudulent return.	80906

A penalty of up to thirty per cent may be added to the amount	80907
of every assessment made under this section. The commissioner may	80908
adopt rules providing for the imposition and remission of	80909
penalties added to assessments made under this section.	80910

The commissioner shall give the party assessed written notice	80911
of the assessment in the manner provided in section 5703.37 of the	80912
Revised Code. With the notice, the commissioner shall provide	80913
instructions on how to petition for reassessment and request a	80914
hearing on the petition.	80915

(B) Unless the party assessed files with the tax commissioner	80916
within sixty days after service of the notice of assessment,	80917
either personally or by certified mail, a written petition for	80918
reassessment, signed by the party assessed or that party's	80919
authorized agent having knowledge of the facts, the assessment	80920
becomes final and the amount of the assessment is due and payable	80921
from the party assessed to the treasurer of state. The petition	80922
shall indicate the objections of the party assessed, but	80923
additional objections may be raised in writing if received by the	80924
commissioner prior to the date shown on the final determination.	80925
If the petition has been properly filed, the commissioner shall	80926
proceed under section 5703.60 of the Revised Code.	80927

(C) After an assessment becomes final, if any portion of the	80928
assessment remains unpaid, including accrued interest, a certified	80929
copy of the tax commissioner's entry making the assessment final	80930
may be filed in the office of the clerk of the court of common	80931
pleas in the county in which the permit holder's place of business	80932
is located or the county in which the party assessed resides. If	80933
the party assessed maintains no place of business in this state	80934
and is not a resident of this state, the certified copy of the	80935
entry may be filed in the office of the clerk of the court of	80936
common pleas of Franklin county.	80937

Immediately upon the filing of the entry, the clerk shall	80938
enter a judgment for the state against the party assessed in the	80939
amount shown on the entry. The judgment may be filed by the clerk	80940
in a loose-leaf book entitled "special judgments for state beer	80941
and liquor sales taxes," and shall have the same effect as other	80942
judgments. Execution shall issue upon the judgment upon the	80943
request of the commissioner, and all laws applicable to sales on	80944
execution shall apply to sales made under the judgment, except as	80945
otherwise provided in this chapter and Chapters 4301. and 4307. of	80946
the Revised Code.	80947

~~The portion of~~If the assessment is not paid in its entirety	80948
within sixty days after the day the assessment was issued, the	80949
portion of the assessment consisting of tax due shall bear	80950
interest at the rate per annum prescribed by section 5703.47 of	80951
the Revised Code from the day the commissioner issues the	80952
assessment until it is paid or until it is certified to the	80953
attorney general for collection under section 131.02 of the	80954
Revised Code, whichever comes first. If the unpaid portion of the	80955
assessment is certified to the attorney general for collection,	80956
the entire unpaid portion of the assessment shall bear interest at	80957
the rate per annum prescribed by section 5703.47 of the Revised	80958
Code from the date of certification until the date it is paid in	80959
its entirety. Interest shall be paid in the same manner as the tax	80960
and may be collected by the issuance of an assessment under this	80961
section.	80962

(D) All money collected under this section shall be	80963
considered as revenue arising from the taxes imposed by sections	80964
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	80965
Revised Code.	80966

Sec. 4501.01. As used in this chapter and Chapters 4503.,	80967
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	80968
Revised Code, and in the penal laws, except as otherwise provided:	80969

(A) "Vehicles" means everything on wheels or runners,	80970
including motorized bicycles, but does not mean electric personal	80971
assistive mobility devices, vehicles that are operated exclusively	80972
on rails or tracks or from overhead electric trolley wires, and	80973
vehicles that belong to any police department, municipal fire	80974
department, or volunteer fire department, or that are used by such	80975
a department in the discharge of its functions.	80976

(B) "Motor vehicle" means any vehicle, including mobile homes	80977
and recreational vehicles, that is propelled or drawn by power	80978
other than muscular power or power collected from overhead	80979
electric trolley wires. "Motor vehicle" does not include utility	80980
vehicles as defined in division (VV) of this section, motorized	80981
bicycles, road rollers, traction engines, power shovels, power	80982
cranes, and other equipment used in construction work and not	80983
designed for or employed in general highway transportation,	80984
well-drilling machinery, ditch-digging machinery, farm machinery,	80985
and trailers that are designed and used exclusively to transport a	80986
boat between a place of storage and a marina, or in and around a	80987
marina, when drawn or towed on a public road or highway for a	80988
distance of no more than ten miles and at a speed of twenty-five	80989
miles per hour or less.	80990

(C) "Agricultural tractor" and "traction engine" mean any	80991
self-propelling vehicle that is designed or used for drawing other	80992
vehicles or wheeled machinery, but has no provisions for carrying	80993
loads independently of such other vehicles, and that is used	80994
principally for agricultural purposes.	80995

(D) "Commercial tractor," except as defined in division (C)	80996
of this section, means any motor vehicle that has motive power and	80997
either is designed or used for drawing other motor vehicles, or is	80998
designed or used for drawing another motor vehicle while carrying	80999
a portion of the other motor vehicle or its load, or both.	81000

(E) "Passenger car" means any motor vehicle that is designed	81001
and used for carrying not more than nine persons and includes any	81002
motor vehicle that is designed and used for carrying not more than	81003
fifteen persons in a ridesharing arrangement.	81004

(F) "Collector's vehicle" means any motor vehicle or	81005
agricultural tractor or traction engine that is of special	81006
interest, that has a fair market value of one hundred dollars or	81007
more, whether operable or not, and that is owned, operated,	81008
collected, preserved, restored, maintained, or used essentially as	81009
a collector's item, leisure pursuit, or investment, but not as the	81010
owner's principal means of transportation. "Licensed collector's	81011
vehicle" means a collector's vehicle, other than an agricultural	81012
tractor or traction engine, that displays current, valid license	81013
tags issued under section 4503.45 of the Revised Code, or a	81014
similar type of motor vehicle that displays current, valid license	81015
tags issued under substantially equivalent provisions in the laws	81016
of other states.	81017

(G) "Historical motor vehicle" means any motor vehicle that	81018
is over twenty-five years old and is owned solely as a collector's	81019
item and for participation in club activities, exhibitions, tours,	81020
parades, and similar uses, but that in no event is used for	81021
general transportation.	81022

(H) "Noncommercial motor vehicle" means any motor vehicle,	81023
including a farm truck as defined in section 4503.04 of the	81024
Revised Code, that is designed by the manufacturer to carry a load	81025
of no more than one ton and is used exclusively for purposes other	81026
than engaging in business for profit.	81027

(I) "Bus" means any motor vehicle that has motor power and is	81028
designed and used for carrying more than nine passengers, except	81029
any motor vehicle that is designed and used for carrying not more	81030
than fifteen passengers in a ridesharing arrangement.	81031

(J) "Commercial car" or "truck" means any motor vehicle that	81032
has motor power and is designed and used for carrying merchandise	81033
or freight, or that is used as a commercial tractor.	81034

(K) "Bicycle" means every device, other than a device that is	81035
designed solely for use as a play vehicle by a child, that is	81036
propelled solely by human power upon which a person may ride, and	81037
that has two or more wheels, any of which is more than fourteen	81038
inches in diameter.	81039

(L) "Motorized bicycle" means any vehicle that either has two	81040
tandem wheels or one wheel in the front and two wheels in the	81041
rear, that is capable of being pedaled, and that is equipped with	81042
a helper motor of not more than fifty cubic centimeters piston	81043
displacement that produces no more than one brake horsepower and	81044
is capable of propelling the vehicle at a speed of no greater than	81045
twenty miles per hour on a level surface.	81046

(M) "Trailer" means any vehicle without motive power that is	81047
designed or used for carrying property or persons wholly on its	81048
own structure and for being drawn by a motor vehicle, and includes	81049
any such vehicle that is formed by or operated as a combination of	81050
a semitrailer and a vehicle of the dolly type such as that	81051
commonly known as a trailer dolly, a vehicle used to transport	81052
agricultural produce or agricultural production materials between	81053
a local place of storage or supply and the farm when drawn or	81054
towed on a public road or highway at a speed greater than	81055
twenty-five miles per hour, and a vehicle that is designed and	81056
used exclusively to transport a boat between a place of storage	81057
and a marina, or in and around a marina, when drawn or towed on a	81058
public road or highway for a distance of more than ten miles or at	81059
a speed of more than twenty-five miles per hour. "Trailer" does	81060
not include a manufactured home or travel trailer.	81061

(N) "Noncommercial trailer" means any trailer, except a	81062
travel trailer or trailer that is used to transport a boat as	81063
described in division (B) of this section, but, where applicable,	81064
includes a vehicle that is used to transport a boat as described	81065
in division (M) of this section, that has a gross weight of no	81066
more than ten thousand pounds, and that is used exclusively for	81067
purposes other than engaging in business for a profit, such as the	81068
transportation of personal items for personal or recreational	81069
purposes.	81070

(O) "Mobile home" means a building unit or assembly of closed	81071
construction that is fabricated in an off-site facility, is more	81072
than thirty-five body feet in length or, when erected on site, is	81073
three hundred twenty or more square feet, is built on a permanent	81074
chassis, is transportable in one or more sections, and does not	81075
qualify as a manufactured home as defined in division (C)(4) of	81076
section 3781.06 of the Revised Code or as an industrialized unit	81077
as defined in division (C)(3) of section 3781.06 of the Revised	81078
Code.	81079

(P) "Semitrailer" means any vehicle of the trailer type that	81080
does not have motive power and is so designed or used with another	81081
and separate motor vehicle that in operation a part of its own	81082
weight or that of its load, or both, rests upon and is carried by	81083
the other vehicle furnishing the motive power for propelling	81084
itself and the vehicle referred to in this division, and includes,	81085
for the purpose only of registration and taxation under those	81086
chapters, any vehicle of the dolly type, such as a trailer dolly,	81087
that is designed or used for the conversion of a semitrailer into	81088
a trailer.	81089

(Q) "Recreational vehicle" means a vehicular portable	81090
structure that meets all of the following conditions:	81091

(1) It is designed for the sole purpose of recreational	81092
travel.	81093

(2) It is not used for the purpose of engaging in business	81094
for profit.	81095

(3) It is not used for the purpose of engaging in intrastate	81096
commerce.	81097

(4) It is not used for the purpose of commerce as defined in	81098
49 C.F.R. 383.5, as amended.	81099

(5) It is not regulated by the public utilities commission	81100
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	81101

(6) It is classed as one of the following:

81102

(a) "Travel trailer" means a nonself-propelled recreational	81103
vehicle that does not exceed an overall length of thirty-five	81104
feet, exclusive of bumper and tongue or coupling, and contains	81105
less than three hundred twenty square feet of space when erected	81106
on site. "Travel trailer" includes a tent-type fold-out camping	81107
trailer as defined in section 4517.01 of the Revised Code.	81108

(b) "Motor home" means a self-propelled recreational vehicle	81109
that has no fifth wheel and is constructed with permanently	81110
installed facilities for cold storage, cooking and consuming of	81111
food, and for sleeping.	81112

(c) "Truck camper" means a nonself-propelled recreational	81113
vehicle that does not have wheels for road use and is designed to	81114
be placed upon and attached to a motor vehicle. "Truck camper"	81115
does not include truck covers that consist of walls and a roof,	81116
but do not have floors and facilities enabling them to be used as	81117
a dwelling.	81118

(d) "Fifth wheel trailer" means a vehicle that is of such	81119
size and weight as to be movable without a special highway permit,	81120
that has a gross trailer area of four hundred square feet or less,	81121
that is constructed with a raised forward section that allows a	81122
bi-level floor plan, and that is designed to be towed by a vehicle	81123
equipped with a fifth-wheel hitch ordinarily installed in the bed	81124
of a truck.	81125

(e) "Park trailer" means a vehicle that is commonly known as	81126
a park model recreational vehicle, meets the American national	81127
standard institute standard A119.5 (1988) for park trailers, is	81128
built on a single chassis, has a gross trailer area of four	81129
hundred square feet or less when set up, is designed for seasonal	81130
or temporary living quarters, and may be connected to utilities	81131
necessary for the operation of installed features and appliances.	81132

(R) "Pneumatic tires" means tires of rubber and fabric or	81133
tires of similar material, that are inflated with air.	81134

(S) "Solid tires" means tires of rubber or similar elastic	81135
material that are not dependent upon confined air for support of	81136
the load.	81137

(T) "Solid tire vehicle" means any vehicle that is equipped	81138
with two or more solid tires.	81139

(U) "Farm machinery" means all machines and tools that are	81140
used in the production, harvesting, and care of farm products, and	81141
includes trailers that are used to transport agricultural produce	81142
or agricultural production materials between a local place of	81143
storage or supply and the farm, agricultural tractors, threshing	81144
machinery, hay-baling machinery, corn shellers, hammermills, and	81145
machinery used in the production of horticultural, agricultural,	81146
and vegetable products.	81147

(V) "Owner" includes any person or firm, other than a	81148
manufacturer or dealer, that has title to a motor vehicle, except	81149
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	81150
includes in addition manufacturers and dealers.	81151

(W) "Manufacturer" and "dealer" include all persons and firms	81152
that are regularly engaged in the business of manufacturing,	81153
selling, displaying, offering for sale, or dealing in motor	81154
vehicles, at an established place of business that is used	81155
exclusively for the purpose of manufacturing, selling, displaying,	81156
offering for sale, or dealing in motor vehicles. A place of	81157
business that is used for manufacturing, selling, displaying,	81158
offering for sale, or dealing in motor vehicles shall be deemed to	81159
be used exclusively for those purposes even though snowmobiles or	81160
all-purpose vehicles are sold or displayed for sale thereat, even	81161
though farm machinery is sold or displayed for sale thereat, or	81162
even though repair, accessory, gasoline and oil, storage, parts,	81163
service, or paint departments are maintained thereat, or, in any	81164
county having a population of less than seventy-five thousand at	81165
the last federal census, even though a department in a place of	81166
business is used to dismantle, salvage, or rebuild motor vehicles	81167
by means of used parts, if such departments are operated for the	81168
purpose of furthering and assisting in the business of	81169
manufacturing, selling, displaying, offering for sale, or dealing	81170
in motor vehicles. Places of business or departments in a place of	81171
business used to dismantle, salvage, or rebuild motor vehicles by	81172
means of using used parts are not considered as being maintained	81173
for the purpose of assisting or furthering the manufacturing,	81174
selling, displaying, and offering for sale or dealing in motor	81175
vehicles.	81176

(X) "Operator" includes any person who drives or operates a	81177
motor vehicle upon the public highways.	81178

(Y) "Chauffeur" means any operator who operates a motor	81179
vehicle, other than a taxicab, as an employee for hire; or any	81180
operator whether or not the owner of a motor vehicle, other than a	81181
taxicab, who operates such vehicle for transporting, for gain,	81182
compensation, or profit, either persons or property owned by	81183
another. Any operator of a motor vehicle who is voluntarily	81184
involved in a ridesharing arrangement is not considered an	81185
employee for hire or operating such vehicle for gain,	81186
compensation, or profit.	81187

(Z) "State" includes the territories and federal districts of	81188
the United States, and the provinces of Canada.	81189

(AA) "Public roads and highways" for vehicles includes all	81190
public thoroughfares, bridges, and culverts.	81191

(BB) "Manufacturer's number" means the manufacturer's	81192
original serial number that is affixed to or imprinted upon the	81193
chassis or other part of the motor vehicle.	81194

(CC) "Motor number" means the manufacturer's original number	81195
that is affixed to or imprinted upon the engine or motor of the	81196
vehicle.	81197

(DD) "Distributor" means any person who is authorized by a	81198
motor vehicle manufacturer to distribute new motor vehicles to	81199
licensed motor vehicle dealers at an established place of business	81200
that is used exclusively for the purpose of distributing new motor	81201
vehicles to licensed motor vehicle dealers, except when the	81202
distributor also is a new motor vehicle dealer, in which case the	81203
distributor may distribute at the location of the distributor's	81204
licensed dealership.	81205

(EE) "Ridesharing arrangement" means the transportation of	81206
persons in a motor vehicle where the transportation is incidental	81207
to another purpose of a volunteer driver and includes ridesharing	81208
arrangements known as carpools, vanpools, and buspools.	81209

(FF) "Apportionable vehicle" means any vehicle that is used	81210
or intended for use in two or more international registration plan	81211
member jurisdictions that allocate or proportionally register	81212
vehicles, that is used for the transportation of persons for hire	81213
or designed, used, or maintained primarily for the transportation	81214
of property, and that meets any of the following qualifications:	81215

(1) Is a power unit having a gross vehicle weight in excess	81216
of twenty-six thousand pounds;	81217

(2) Is a power unit having three or more axles, regardless of	81218
the gross vehicle weight;	81219

(3) Is a combination vehicle with a gross vehicle weight in	81220
excess of twenty-six thousand pounds.	81221

"Apportionable vehicle" does not include recreational	81222
vehicles, vehicles displaying restricted plates, city pick-up and	81223
delivery vehicles, buses used for the transportation of chartered	81224
parties, or vehicles owned and operated by the United States, this	81225
state, or any political subdivisions thereof.	81226

(GG) "Chartered party" means a group of persons who contract	81227
as a group to acquire the exclusive use of a passenger-carrying	81228
motor vehicle at a fixed charge for the vehicle in accordance with	81229
the carrier's tariff, lawfully on file with the United States	81230
department of transportation, for the purpose of group travel to a	81231
specified destination or for a particular itinerary, either agreed	81232
upon in advance or modified by the chartered group after having	81233
left the place of origin.	81234

(HH) "International registration plan" means a reciprocal	81235
agreement of member jurisdictions that is endorsed by the American	81236
association of motor vehicle administrators, and that promotes and	81237
encourages the fullest possible use of the highway system by	81238
authorizing apportioned registration of fleets of vehicles and	81239
recognizing registration of vehicles apportioned in member	81240
jurisdictions.	81241

(II) "Restricted plate" means a license plate that has a	81242
restriction of time, geographic area, mileage, or commodity, and	81243
includes license plates issued to farm trucks under division (J)	81244
of section 4503.04 of the Revised Code.	81245

(JJ) "Gross vehicle weight," with regard to any commercial	81246
car, trailer, semitrailer, or bus that is taxed at the rates	81247
established under section 4503.042 or 4503.65 of the Revised Code,	81248
means the unladen weight of the vehicle fully equipped plus the	81249
maximum weight of the load to be carried on the vehicle.	81250

(KK) "Combined gross vehicle weight" with regard to any	81251
combination of a commercial car, trailer, and semitrailer, that is	81252
taxed at the rates established under section 4503.042 or 4503.65	81253
of the Revised Code, means the total unladen weight of the	81254
combination of vehicles fully equipped plus the maximum weight of	81255
the load to be carried on that combination of vehicles.	81256

(LL) "Chauffeured limousine" means a motor vehicle that is	81257
designed to carry nine or fewer passengers and is operated for	81258
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	81259
transportation of passengers on public roads and highways along a	81260
route under the control of the person hiring the vehicle and not	81261
over a defined and regular route. "Prearranged contract" means an	81262
agreement, made in advance of boarding, to provide transportation	81263
from a specific location in a chauffeured limousine ~~at a fixed~~	81264
~~rate per hour or trip~~. "Chauffeured limousine" does not include	81265
any vehicle that is used exclusively in the business of funeral	81266
directing.	81267

(MM) "Manufactured home" has the same meaning as in division	81268
(C)(4) of section 3781.06 of the Revised Code.	81269

(NN) "Acquired situs," with respect to a manufactured home or	81270
a mobile home, means to become located in this state by the	81271
placement of the home on real property, but does not include the	81272
placement of a manufactured home or a mobile home in the inventory	81273
of a new motor vehicle dealer or the inventory of a manufacturer,	81274
remanufacturer, or distributor of manufactured or mobile homes.	81275

(OO) "Electronic" includes electrical, digital, magnetic,	81276
optical, electromagnetic, or any other form of technology that	81277
entails capabilities similar to these technologies.	81278

(PP) "Electronic record" means a record generated,	81279
communicated, received, or stored by electronic means for use in	81280
an information system or for transmission from one information	81281
system to another.	81282

(QQ) "Electronic signature" means a signature in electronic	81283
form attached to or logically associated with an electronic	81284
record.	81285

(RR) "Financial transaction device" has the same meaning as	81286
in division (A) of section 113.40 of the Revised Code.	81287

(SS) "Electronic motor vehicle dealer" means a motor vehicle	81288
dealer licensed under Chapter 4517. of the Revised Code whom the	81289
registrar of motor vehicles determines meets the criteria	81290
designated in section 4503.035 of the Revised Code for electronic	81291
motor vehicle dealers and designates as an electronic motor	81292
vehicle dealer under that section.	81293

(TT) "Electric personal assistive mobility device" means a	81294
self-balancing two non-tandem wheeled device that is designed to	81295
transport only one person, has an electric propulsion system of an	81296
average of seven hundred fifty watts, and when ridden on a paved	81297
level surface by an operator who weighs one hundred seventy pounds	81298
has a maximum speed of less than twenty miles per hour.	81299

(UU) "Limited driving privileges" means the privilege to	81300
operate a motor vehicle that a court grants under section 4510.021	81301
of the Revised Code to a person whose driver's or commercial	81302
driver's license or permit or nonresident operating privilege has	81303
been suspended.	81304

(VV) "Utility vehicle" means a self-propelled vehicle	81305
designed with a bed, principally for the purpose of transporting	81306
material or cargo in connection with construction, agricultural,	81307
forestry, grounds maintenance, lawn and garden, materials	81308
handling, or similar activities. "Utility vehicle" includes a	81309
vehicle with a maximum attainable speed of twenty miles per hour	81310
or less that is used exclusively within the boundaries of state	81311
parks by state park employees or volunteers for the operation or	81312
maintenance of state park facilities.	81313

Sec. 4501.21. (A) There is hereby created in the state	81314
treasury the license plate contribution fund. The fund shall	81315
consist of all contributions paid by motor vehicle registrants and	81316
collected by the registrar of motor vehicles pursuant to sections	81317
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	81318
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	81319
4503.523, 4503.524, 4503.526, 4503.531, 4503.545, 4503.55,	81320
4503.551, 4503.552, 4503.553, 4503.561, 4503.562, 4503.564,	81321
4503.591, 4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711,	81322
4503.712, 4503.713, 4503.72, 4503.73, 4503.732, 4503.74, 4503.75,	81323
4503.751, 4503.85, 4503.89, 4503.92, and 4503.94 of the Revised	81324
Code.	81325

(B) The registrar shall pay the contributions the registrar	81326
collects in the fund as follows:	81327

The registrar shall pay the contributions received pursuant	81328
to section 4503.491 of the Revised Code to the breast cancer fund	81329
of Ohio, which shall use that money only to pay for programs that	81330
provide assistance and education to Ohio breast cancer patients	81331
and that improve access for such patients to quality health care	81332
and clinical trials and shall not use any of the money for	81333
abortion information, counseling, services, or other	81334
abortion-related activities.	81335

The registrar shall pay the contributions received pursuant	81336
to section 4503.493 of the Revised Code to the autism society of	81337
Ohio, which shall use the contributions for programs and autism	81338
awareness efforts throughout the state.	81339

The registrar shall pay the contributions the registrar	81340
receives pursuant to section 4503.494 of the Revised Code to the	81341
national multiple sclerosis society for distribution in equal	81342
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	81343
chapters of the national multiple sclerosis society. These	81344
chapters shall use the money they receive under this section to	81345
assist in paying the expenses they incur in providing services	81346
directly to their clients.	81347

The registrar shall pay the contributions the registrar	81348
receives pursuant to section 4503.496 of the Revised Code to the	81349
Ohio sickle cell and health association, which shall use the	81350
contributions to help support educational, clinical, and social	81351
support services for adults who have sickle cell disease.	81352

The registrar shall pay the contributions the registrar	81353
receives pursuant to section 4503.498 of the Revised Code to	81354
special olympics Ohio, inc., which shall use the contributions for	81355
its programs, charitable efforts, and other activities.	81356

The registrar shall pay the contributions the registrar	81357
receives pursuant to section 4503.499 of the Revised Code to the	81358
children's glioma cancer foundation, which shall use the	81359
contributions for its research and other programs.	81360

The registrar shall pay the contributions the registrar	81361
receives pursuant to section 4503.50 of the Revised Code to the	81362
future farmers of America foundation, which shall deposit the	81363
contributions into its general account to be used for educational	81364
and scholarship purposes of the future farmers of America	81365
foundation.	81366

The registrar shall pay the contributions the registrar	81367
receives pursuant to section 4503.501 of the Revised Code to the	81368
4-H youth development program of the Ohio state university	81369
extension program, which shall use those contributions to pay the	81370
expenses it incurs in conducting its educational activities.	81371

The registrar shall pay the contributions received pursuant	81372
to section 4503.502 of the Revised Code to the Ohio cattlemen's	81373
foundation, which shall use those contributions for scholarships	81374
and other educational activities.	81375

The registrar shall pay the contributions received pursuant	81376
to section 4503.505 of the Revised Code to the organization Ohio	81377
region phi theta kappa, which shall use those contributions for	81378
scholarships for students who are members of that organization.	81379

The registrar shall pay each contribution the registrar	81380
receives pursuant to section 4503.51 of the Revised Code to the	81381
university or college whose name or marking or design appears on	81382
collegiate license plates that are issued to a person under that	81383
section. A university or college that receives contributions from	81384
the fund shall deposit the contributions into its general	81385
scholarship fund.	81386

The registrar shall pay the contributions the registrar	81387
receives pursuant to section 4503.522 of the Revised Code to the	81388
"friends of Perry's victory and international peace memorial,	81389
incorporated," a nonprofit corporation organized under the laws of	81390
this state, to assist that organization in paying the expenses it	81391
incurs in sponsoring or holding charitable, educational, and	81392
cultural events at the monument.	81393

The registrar shall pay the contributions the registrar	81394
receives pursuant to section 4503.523 of the Revised Code to the	81395
fairport lights foundation, which shall use the money to pay for	81396
the restoration, maintenance, and preservation of the lighthouses	81397
of fairport harbor.	81398

The registrar shall pay the contributions the registrar	81399
receives pursuant to section 4503.524 of the Revised Code to the	81400
Massillon tiger football booster club, which shall use the	81401
contributions only to promote and support the football team of	81402
Washington high school of the Massillon city school district.	81403

The registrar shall pay the contributions the registrar	81404
receives pursuant to section 4503.526 of the Revised Code to the	81405
Ohio district Kiwanis foundation of the Ohio district of Kiwanis	81406
international, which shall use the money it receives under this	81407
section to pay the costs of its educational and humanitarian	81408
activities.	81409

The registrar shall pay the contributions the registrar	81410
receives pursuant to section 4503.531 of the Revised Code to the	81411
thank you foundation, incorporated, a nonprofit corporation	81412
organized under the laws of this state, to assist that	81413
organization in paying for the charitable activities and programs	81414
it sponsors in support of United States military personnel,	81415
veterans, and their families.	81416

The registrar shall pay the contributions the registrar	81417
receives pursuant to section 4503.55 of the Revised Code to the	81418
pro football hall of fame, which shall deposit the contributions	81419
into a special bank account that it establishes and which shall be	81420
separate and distinct from any other account the pro football hall	81421
of fame maintains, to be used exclusively for the purpose of	81422
promoting the pro football hall of fame as a travel destination.	81423

The registrar shall pay the contributions that are paid to	81424
the registrar pursuant to section 4503.545 of the Revised Code to	81425
the national rifle association foundation, which shall use the	81426
money to pay the costs of the educational activities and programs	81427
the foundation holds or sponsors in this state.	81428

The registrar shall pay to the Ohio pet fund the	81429
contributions the registrar receives pursuant to section 4503.551	81430
of the Revised Code and any other money from any other source,	81431
including donations, gifts, and grants, that is designated by the	81432
source to be paid to the Ohio pet fund. The Ohio pet fund shall	81433
use the moneys it receives under this section to support programs	81434
for the sterilization of dogs and cats and for educational	81435
programs concerning the proper veterinary care of those animals,	81436
and for expenses of the Ohio pet fund that are reasonably	81437
necessary for it to obtain and maintain its tax-exempt status and	81438
to perform its duties.	81439

The registrar shall pay the contributions the registrar	81440
receives pursuant to section 4503.552 of the Revised Code to the	81441
rock and roll hall of fame and museum, incorporated.	81442

The registrar shall pay the contributions the registrar	81443
receives pursuant to section 4503.553 of the Revised Code to the	81444
Ohio coalition for animals, incorporated, a nonprofit corporation.	81445
Except as provided in division (B) of this section, the coalition	81446
shall distribute the money to its members, and the members shall	81447
use the money only to pay for educational, charitable, and other	81448
programs of each coalition member that provide care for unwanted,	81449
abused, and neglected horses. The Ohio coalition for animals may	81450
use a portion of the money to pay for reasonable marketing costs	81451
incurred in the design and promotion of the license plate and for	81452
administrative costs incurred in the disbursement and management	81453
of funds received under this section.	81454

The registrar shall pay the contributions the registrar	81455
receives pursuant to section 4503.561 of the Revised Code to the	81456
state of Ohio chapter of ducks unlimited, inc., which shall	81457
deposit the contributions into a special bank account that it	81458
establishes. The special bank account shall be separate and	81459
distinct from any other account the state of Ohio chapter of ducks	81460
unlimited, inc., maintains and shall be used exclusively for the	81461
purpose of protecting, enhancing, restoring, and managing wetlands	81462
and conserving wildlife habitat. The state of Ohio chapter of	81463
ducks unlimited, inc., annually shall notify the registrar in	81464
writing of the name, address, and account to which such payments	81465
are to be made.	81466

The registrar shall pay the contributions the registrar	81467
receives pursuant to section 4503.562 of the Revised Code to the	81468
Mahoning river consortium, which shall use the money to pay the	81469
expenses it incurs in restoring and maintaining the Mahoning river	81470
watershed.	81471

The registrar shall pay the contributions the registrar	81472
receives pursuant to section 4503.564 of the Revised Code to	81473
Antioch college for the use of the Glen Helen ecology institute to	81474
pay expenses related to the Glen Helen nature preserve.	81475

The registrar shall pay to a sports commission created	81476
pursuant to section 4503.591 of the Revised Code each contribution	81477
the registrar receives under that section that an applicant pays	81478
to obtain license plates that bear the logo of a professional	81479
sports team located in the county of that sports commission and	81480
that is participating in the license plate program pursuant to	81481
division (E) of that section, irrespective of the county of	81482
residence of an applicant.	81483

The registrar shall pay to a community charity each	81484
contribution the registrar receives under section 4503.591 of the	81485
Revised Code that an applicant pays to obtain license plates that	81486
bear the logo of a professional sports team that is participating	81487
in the license plate program pursuant to division (G) of that	81488
section.	81489

The registrar shall pay the contributions the registrar	81490
receives pursuant to section 4503.67 of the Revised Code to the	81491
Dan Beard council of the boy scouts of America. The council shall	81492
distribute all contributions in an equitable manner throughout the	81493
state to regional councils of the boy scouts.	81494

The registrar shall pay the contributions the registrar	81495
receives pursuant to section 4503.68 of the Revised Code to the	81496
great river council of the girl scouts of the United States of	81497
America. The council shall distribute all contributions in an	81498
equitable manner throughout the state to regional councils of the	81499
girl scouts.	81500

The registrar shall pay the contributions the registrar	81501
receives pursuant to section 4503.69 of the Revised Code to the	81502
Dan Beard council of the boy scouts of America. The council shall	81503
distribute all contributions in an equitable manner throughout the	81504
state to regional councils of the boy scouts.	81505

The registrar shall pay the contributions the registrar	81506
receives pursuant to section 4503.701 of the Revised Code to the	81507
Prince Hall grand lodge of free and accepted masons of Ohio, which	81508
shall use the contributions for scholarship purposes.	81509

The registrar shall pay the contributions the registrar	81510
receives pursuant to section 4503.71 of the Revised Code to the	81511
fraternal order of police of Ohio, incorporated, which shall	81512
deposit the fees into its general account to be used for purposes	81513
of the fraternal order of police of Ohio, incorporated.	81514

The registrar shall pay the contributions the registrar	81515
receives pursuant to section 4503.711 of the Revised Code to the	81516
fraternal order of police of Ohio, incorporated, which shall	81517
deposit the contributions into an account that it creates to be	81518
used for the purpose of advancing and protecting the law	81519
enforcement profession, promoting improved law enforcement	81520
methods, and teaching respect for law and order.	81521

The registrar shall pay the contributions received pursuant	81522
to section 4503.712 of the Revised Code to Ohio concerns of police	81523
survivors, which shall use those contributions to provide whatever	81524
assistance may be appropriate to the families of Ohio law	81525
enforcement officers who are killed in the line of duty.	81526

The registrar shall pay the contributions received pursuant	81527
to section 4503.713 of the Revised Code to the greater Cleveland	81528
peace officers memorial society, which shall use those	81529
contributions to honor law enforcement officers who have died in	81530
the line of duty and support its charitable purposes.	81531

The registrar shall pay the contributions the registrar	81532
receives pursuant to section 4503.72 of the Revised Code to the	81533
organization known on March 31, 2003, as the Ohio CASA/GAL	81534
association, a private, nonprofit corporation organized under	81535
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	81536
shall use these contributions to pay the expenses it incurs in	81537
administering a program to secure the proper representation in the	81538
courts of this state of abused, neglected, and dependent children,	81539
and for the training and supervision of persons participating in	81540
that program.	81541

The registrar shall pay the contributions the registrar	81542
receives pursuant to section 4503.73 of the Revised Code to Wright	81543
B. Flyer, incorporated, which shall deposit the contributions into	81544
its general account to be used for purposes of Wright B. Flyer,	81545
incorporated.	81546

The registrar shall pay the contributions the registrar	81547
receives pursuant to section 4503.732 of the Revised Code to the	81548
Siegel & Shuster society, a nonprofit organization dedicated to	81549
commemorating and celebrating the creation of Superman in	81550
Cleveland, Ohio.	81551

The registrar shall pay the contributions the registrar	81552
receives pursuant to section 4503.74 of the Revised Code to the	81553
Columbus zoological park association, which shall disburse the	81554
moneys to Ohio's major metropolitan zoos, as defined in section	81555
4503.74 of the Revised Code, in accordance with a written	81556
agreement entered into by the major metropolitan zoos.	81557

The registrar shall pay the contributions the registrar	81558
receives pursuant to section 4503.75 of the Revised Code to the	81559
rotary foundation, located on March 31, 2003, in Evanston,	81560
Illinois, to be placed in a fund known as the permanent fund and	81561
used to endow educational and humanitarian programs of the rotary	81562
foundation.	81563

The registrar shall pay the contributions the registrar	81564
receives pursuant to section 4503.751 of the Revised Code to the	81565
Ohio association of realtors, which shall deposit the	81566
contributions into a property disaster relief fund maintained	81567
under the Ohio realtors charitable and education foundation.	81568

The registrar shall pay the contributions the registrar	81569
receives pursuant to section 4503.85 of the Revised Code to the	81570
Ohio sea grant college program to be used for Lake Erie area	81571
research projects.	81572

The registrar shall pay the contributions the registrar	81573
receives pursuant to section 4503.89 of the Revised Code to the	81574
American red cross of greater Columbus on behalf of the Ohio	81575
chapters of the American red cross, which shall use the	81576
contributions for disaster readiness, preparedness, and response	81577
programs on a statewide basis.	81578

The registrar shall pay the contributions received pursuant	81579
to section 4503.92 of the Revised Code to support our troops,	81580
incorporated, a national nonprofit corporation, which shall use	81581
those contributions in accordance with its articles of	81582
incorporation and for the benefit of servicemembers of the armed	81583
forces of the United States and their families when they are in	81584
financial need.	81585

The registrar shall pay the contributions the registrar	81586
receives pursuant to section 4503.94 of the Revised Code to the	81587
Michelle's leading star foundation, which shall use the money	81588
solely to fund the rental, lease, or purchase of the simulated	81589
driving curriculum of the Michelle's leading star foundation by	81590
boards of education of city, exempted village, local, and joint	81591
vocational school districts.	81592

(C) All investment earnings of the license plate contribution	81593
fund shall be credited to the fund. Not later than the first day	81594
of May of every year, the registrar shall distribute to each	81595
entity described in division (B) of this section the investment	81596
income the fund earned the previous calendar year. The amount of	81597
such a distribution paid to an entity shall be proportionate to	81598
the amount of money the entity received from the fund during the	81599
previous calendar year.	81600

Sec. 4503.03. (A)(1)(a) ~~The~~Except as provided in division	81601
(B) of this section, the registrar of motor vehicles may designate	81602
~~the county auditor in each county~~any of the following persons as	81603
a deputy registrar~~. If the population of a county is forty~~	81604
~~thousand or less according to the last federal census and if the~~	81605
~~county auditor is designated by the registrar as a deputy~~	81606
~~registrar, no other person need be designated in the county to act~~	81607
~~as a deputy registrar~~:	81608

(i) The county auditor in any county;

81609

(ii) The clerk of a court of common pleas in any county	81610
subject to division (A)(1)(b) of this section;	81611

(iii) Any other person.

81612

(b) The registrar may designate a clerk of a court of common	81613
pleas as a deputy registrar if the population of ~~the~~a county is	81614
forty thousand or less according to the last federal census. In a	81615
county with a population greater than forty thousand but not more	81616
than fifty thousand according to the last federal census, the	81617
clerk of a court of common pleas is eligible to act as a deputy	81618
registrar and may participate in the competitive selection process	81619
for the award of a deputy registrar contract by applying in the	81620
same manner as any other person. All fees collected and retained	81621
by a clerk for conducting deputy registrar services shall be paid	81622
into the county treasury to the credit of the certificate of title	81623
administration fund created under section 325.33 of the Revised	81624
Code.	81625

~~(c) In all other instances, the registrar shall contract with~~	81626
~~one or more other persons in each county to act as deputy~~	81627
~~registrars. As part of the selection process in awarding a deputy~~	81628
~~registrar contract, the registrar shall consider the customer~~	81629
~~service performance record of any person previously awarded a~~	81630
~~deputy registrar contract.~~	81631

Notwithstanding the county population restrictions in	81632
division (A)(1)(b) of this section, if no person applies to act	81633
under contract as a deputy registrar in a county and the county	81634
auditor is not designated as a deputy registrar, the registrar may	81635
ask the clerk of a court of common pleas to serve as the deputy	81636
registrar for that county.	81637

(c) The registrar shall determine the need for a deputy	81638
registrar in each county. If the registrar determines that deputy	81639
registrar services are adequately provided either by a deputy	81640
registrar in that county or a deputy registrar in an adjoining	81641
county, no additional person shall be designated to act as deputy	81642
registrar. If the registrar determines that deputy registrar	81643
services are not adequately provided in that county, the registrar	81644
may appoint one or more deputy registrars as are necessary to	81645
provide adequate services.	81646

As part of the selection process in awarding a deputy	81647
registrar contract, the registrar shall consider the customer	81648
service performance record of any person previously awarded a	81649
deputy registrar contract.	81650

(2) Deputy registrars shall accept applications for the	81651
annual license tax for any vehicle not taxed under section 4503.63	81652
of the Revised Code and shall assign distinctive numbers in the	81653
same manner as the registrar. ~~Such deputies shall be located in~~	81654
~~such locations in the county as the registrar sees fit. There~~	81655
~~shall be at least one deputy registrar in each county.~~	81656

Deputy registrar contracts are subject to the provisions of	81657
division (B) of section 125.081 of the Revised Code.	81658

(B)(1) The registrar shall not contract with any person to	81659
act as a deputy registrar if the person or, where applicable, the	81660
person's spouse or a member of the person's immediate family has	81661
made, within the current calendar year or any one of the previous	81662
three calendar years, one or more contributions totaling in excess	81663
of one hundred dollars to any person or entity included in	81664
division (A)(2) of section 4503.033 of the Revised Code. As used	81665
in this division, "immediate family" has the same meaning as in	81666
division (D) of section 102.01 of the Revised Code, and "entity"	81667
includes any political party and any "continuing association" as	81668
defined in division (B)(4) of section 3517.01 of the Revised Code	81669
or "political action committee" as defined in division (B)(8) of	81670
that section that is primarily associated with that political	81671
party. For purposes of this division, contributions to any	81672
continuing association or any political action committee that is	81673
primarily associated with a political party shall be aggregated	81674
with contributions to that political party.	81675

The contribution limitations contained in this division do	81676
not apply to any county auditor or clerk of a court of common	81677
pleas. A county auditor or clerk of a court of common pleas is not	81678
required to file the disclosure statement or pay the filing fee	81679
required under section 4503.033 of the Revised Code. The	81680
limitations of this division also do not apply to a deputy	81681
registrar who, subsequent to being awarded a deputy registrar	81682
contract, is elected to an office of a political subdivision.	81683

(2) The registrar shall not contract with either of the	81684
following to act as a deputy registrar:	81685

~~(1)~~(a) Any elected public official other than a county	81686
auditor or, as authorized by division (A)(1)(b) of this section, a	81687
clerk of a court of common pleas, acting in an official capacity,	81688
except that, the registrar shall continue and may renew a contract	81689
with any deputy registrar who, subsequent to being awarded a	81690
deputy registrar contract, is elected to an office of a political	81691
subdivision;	81692

~~(2)~~(b) Any person holding a current, valid contract to	81693
conduct motor vehicle inspections under section 3704.14 of the	81694
Revised Code.	81695

(3) As used in division (B) of this section, "political	81696
subdivision" has the same meaning as in section 3501.01 of the	81697
Revised Code.	81698

(C)(1) Except as provided in division (C)(2) of this section,	81699
deputy registrars are independent contractors and neither they nor	81700
their employees are employees of this state, except that nothing	81701
in this section shall affect the status of county auditors or	81702
clerks of courts of common pleas as public officials, nor the	81703
status of their employees as employees of any of the counties of	81704
this state, which are political subdivisions of this state. Each	81705
deputy registrar shall be responsible for the payment of all	81706
unemployment compensation premiums, all workers' compensation	81707
premiums, social security contributions, and any and all taxes for	81708
which the deputy registrar is legally responsible. Each deputy	81709
registrar shall comply with all applicable federal, state, and	81710
local laws requiring the withholding of income taxes or other	81711
taxes from the compensation of the deputy registrar's employees.	81712
Each deputy registrar shall maintain during the entire term of the	81713
deputy registrar's contract a policy of business liability	81714
insurance satisfactory to the registrar and shall hold the	81715
department of public safety, the director of public safety, the	81716
bureau of motor vehicles, and the registrar harmless upon any and	81717
all claims for damages arising out of the operation of the deputy	81718
registrar agency.	81719

(2) For purposes of Chapter 4141. of the Revised Code,	81720
determinations concerning the employment of deputy registrars and	81721
their employees shall be made under Chapter 4141. of the Revised	81722
Code.	81723

(D)(1) With the approval of the director, the registrar shall	81724
adopt rules governing ~~the~~deputy registrars. The rules shall do	81725
all of the following:	81726

(a) Establish requirements governing the terms of the	81727
contract between the registrar and each deputy registrar and	81728
~~specifications for~~ the services to be performed~~. The rules shall~~	81729
~~include specifications relating to the~~;	81730

(b) Establish requirements governing the amount of bond to be	81731
given as provided in this section; ~~the~~	81732

(c) Establish requirements governing the size and location of	81733
the deputy's office; ~~and~~	81734

(d) Establish requirements governing the leasing of equipment	81735
necessary to conduct the vision screenings required under section	81736
4507.12 of the Revised Code and training in the use of the	81737
equipment~~. The specifications shall permit and encourage~~;	81738

(e) Encourage every deputy registrar to inform the public of	81739
the location of the deputy registrar's office and hours of	81740
operation by means of public service announcements ~~and allow~~;	81741

(f) Allow any deputy registrar to advertise in regard to the	81742
operation of the deputy registrar's office~~. The rules also shall~~	81743
~~include specifications for~~;	81744

(g) Specify the hours the deputy's office is to be open to	81745
the public and ~~shall~~ require as a minimum that one deputy's	81746
office in each county containing a deputy registrar's office be	81747
open to the public for at least four hours each weekend, provided	81748
that if only one deputy's office is located within the boundary of	81749
the county seat, that office is the office that shall be open for	81750
the four-hour period each weekend~~. The rules also shall include~~	81751
~~specifications providing~~;	81752

(h) Specify that every deputy ~~in each county~~registrar, upon	81753
request, provide any person with information about the location	81754
and office hours of all deputy registrars in the county ~~and that~~	81755
~~every deputy prominently display within the deputy's office, the~~	81756
~~toll-free telephone number of the bureau. The rules shall not~~	81757
~~prohibit the award of~~;	81758

(i) Allow a deputy registrar contract to be awarded to a	81759
nonprofit corporation formed under the laws of this state~~. The~~	81760
~~rules shall~~;	81761

(j) Except as provided in division (D)(2) of this section,	81762
prohibit any deputy registrar from operating more than one ~~such~~	81763
deputy registrar's office at any time~~, except that the rules may~~	81764
~~permit a nonprofit corporation formed for the purposes of~~	81765
~~providing automobile-related services to its members or the public~~	81766
~~and that provides such services from more than one location in~~	81767
~~this state to operate a deputy registrar office at any such~~	81768
~~location, provided that the nonprofit corporation operates no more~~	81769
~~than one deputy registrar office in any one county. The rules may~~	81770
~~include such other specifications as the registrar and director~~	81771
~~consider necessary to provide a high level of service.~~	81772

~~The rules shall establish~~;

81773

(k) For the duration of any deputy registrar contract,	81774
require that the deputy registrar occupy a primary residence in a	81775
location that is within a one-hour commute time from the deputy	81776
registrar's office or offices. The rules shall require the	81777
registrar to determine commute time by using multiple established	81778
internet-based mapping services.	81779

(l) Establish procedures for a deputy registrar ~~who requests~~	81780
~~such~~to request the authority to collect reinstatement fees under	81781
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	81782
4510.72, and 4511.191 of the Revised Code and to transmit the	81783
reinstatement fees and two dollars of the service fee collected	81784
under those sections. The registrar shall ensure that, not later	81785
than January 1, 2012, at least one deputy registrar in each county	81786
containing a deputy registrar's office has the necessary equipment	81787
and is able to accept reinstatement fees. The registrar shall	81788
deposit the service fees received from a deputy registrar under	81789
those sections into the state bureau of motor vehicles fund	81790
created in section 4501.25 of the Revised Code and shall use the	81791
money for deputy registrar equipment necessary in connection with	81792
accepting reinstatement fees.	81793

(m) Establish such other requirements as the registrar and	81794
director consider necessary to provide a high level of service.	81795

(2) Notwithstanding division (D)(1)(j) of this section, the	81796
rules may allow both of the following:	81797

(a) The registrar to award a contract to a deputy registrar	81798
to operate more than one deputy registrar's office if determined	81799
by the registrar to be practical;	81800

(b) A nonprofit corporation formed for the purposes of	81801
providing automobile-related services to its members or the public	81802
and that provides such services from more than one location in	81803
this state to operate a deputy registrar office at any location.	81804

(3) As a daily adjustment, the bureau of motor vehicles shall	81805
credit to a deputy registrar three dollars and fifty cents for	81806
each damaged license plate or validation sticker the deputy	81807
registrar replaces as a service to a member of the public.	81808

~~(3)~~(4)(a) With the prior approval of the registrar, each	81809
deputy registrar may conduct at the location of the deputy	81810
registrar's office any business that is consistent with the	81811
functions of a deputy registrar and that is not specifically	81812
mandated or authorized by this or another chapter of the Revised	81813
Code or by implementing rules of the registrar.	81814

(b) In accordance with guidelines the director of public	81815
safety shall establish, a deputy registrar may operate or contract	81816
for the operation of a vending machine at a deputy registrar	81817
location if products of the vending machine are consistent with	81818
the functions of a deputy registrar.	81819

(c) A deputy registrar may enter into an agreement with the	81820
Ohio turnpike and infrastructure commission pursuant to division	81821
(A)(11) of section 5537.04 of the Revised Code for the purpose of	81822
allowing the general public to acquire from the deputy registrar	81823
the electronic toll collection devices that are used under the	81824
multi-jurisdiction electronic toll collection agreement between	81825
the Ohio turnpike and infrastructure commission and any other	81826
entities or agencies that participate in such an agreement. The	81827
approval of the registrar is not necessary if a deputy registrar	81828
engages in this activity.	81829

~~(4)~~(5) As used in this section and in section 4507.01 of the	81830
Revised Code, "nonprofit corporation" has the same meaning as in	81831
section 1702.01 of the Revised Code.	81832

(E)(1) Unless otherwise terminated and except for interim	81833
contracts ~~of less~~lasting not longer than one year, contracts with	81834
deputy registrars shall be ~~for a term of at least two years, but~~	81835
~~no more than three years, and all contracts effective on or after~~	81836
entered into through a competitive selection process and shall be	81837
limited in duration as follows: (a) For contracts entered into	81838
between July 1, 1996~~, shall be for a term of more~~and June 29,	81839
2014, for a period of not less than two years, but not more than	81840
three years~~. All~~; (b) For contracts entered into on or after June	81841
29, 2014, for a period of not more than five years, unless the	81842
registrar determines that a shorter contract term is appropriate	81843
for a particular deputy registrar.	81844

(2) All contracts with deputy registrars shall expire on the	81845
last Saturday of June in the year of their expiration. ~~The~~Prior	81846
to the expiration of any deputy registrar contract, the registrar,	81847
with the approval of the director, may award a one-year contract	81848
extension to any deputy registrar who has provided exemplary	81849
service based upon objective performance evaluations.	81850

(3)(a) The auditor of state may examine the accounts,	81851
reports, systems, and other data of each deputy registrar at least	81852
every two years. The registrar, with the approval of the director,	81853
shall immediately remove a deputy who violates any provision of	81854
the Revised Code related to the duties as a deputy, any rule	81855
adopted by the registrar, or a term of the deputy's contract with	81856
the registrar. The registrar also may remove a deputy who, in the	81857
opinion of the registrar, has engaged in any conduct that is	81858
either unbecoming to one representing this state or is	81859
inconsistent with the efficient operation of the deputy's office.	81860

(b) If the registrar, with the approval of the director,	81861
determines that there is good cause to believe that a deputy	81862
registrar or a person proposing for a deputy registrar contract	81863
has engaged in any conduct that would require the denial or	81864
termination of the deputy registrar contract, the registrar may	81865
require the production of books, records, and papers as the	81866
registrar determines are necessary, and may take the depositions	81867
of witnesses residing within or outside the state in the same	81868
manner as is prescribed by law for the taking of depositions in	81869
civil actions in the court of common pleas, and for that purpose	81870
the registrar may issue a subpoena for any witness or a subpoena	81871
duces tecum to compel the production of any books, records, or	81872
papers, directed to the sheriff of the county where the witness	81873
resides or is found. Such a subpoena shall be served and returned	81874
in the same manner as a subpoena in a criminal case is served and	81875
returned. The fees of the sheriff shall be the same as that	81876
allowed in the court of common pleas in criminal cases. Witnesses	81877
shall be paid the fees and mileage provided for under section	81878
119.094 of the Revised Code. The fees and mileage shall be paid	81879
from the fund in the state treasury for the use of the agency in	81880
the same manner as other expenses of the agency are paid.	81881

In any case of disobedience or neglect of any subpoena served	81882
on any person or the refusal of any witness to testify to any	81883
matter regarding which the witness lawfully may be interrogated,	81884
the court of common pleas of any county where the disobedience,	81885
neglect, or refusal occurs or any judge of that court, on	81886
application by the registrar, shall compel obedience by attachment	81887
proceedings for contempt, as in the case of disobedience of the	81888
requirements of a subpoena issued from that court, or a refusal to	81889
testify in that court.	81890

(4) Nothing in ~~this~~ division (E) of this section shall be	81891
construed to require a hearing of any nature prior to the	81892
termination of any deputy registrar contract by the registrar,	81893
with the approval of the director, for cause.	81894

(F) Except as provided in section 2743.03 of the Revised	81895
Code, no court, other than the court of common pleas of Franklin	81896
county, has jurisdiction of any action against the department of	81897
public safety, the director, the bureau, or the registrar to	81898
restrain the exercise of any power or authority, or to entertain	81899
any action for declaratory judgment, in the selection and	81900
appointment of, or contracting with, deputy registrars. Neither	81901
the department, the director, the bureau, nor the registrar is	81902
liable in any action at law for damages sustained by any person	81903
because of any acts of the department, the director, the bureau,	81904
or the registrar, or of any employee of the department or bureau,	81905
in the performance of official duties in the selection and	81906
appointment of, and contracting with, deputy registrars.	81907

(G) The registrar shall assign to each deputy registrar a	81908
series of numbers sufficient to supply the demand at all times in	81909
the area the deputy registrar serves, and the registrar shall keep	81910
a record in the registrar's office of the numbers within the	81911
series assigned. Each deputy shall be required to give bond in the	81912
amount of at least twenty-five thousand dollars, or in such higher	81913
amount as the registrar determines necessary, based on a uniform	81914
schedule of bond amounts established by the registrar and	81915
determined by the volume of registrations handled by the deputy.	81916
The form of the bond shall be prescribed by the registrar. The	81917
bonds required of deputy registrars, in the discretion of the	81918
registrar, may be individual or schedule bonds or may be included	81919
in any blanket bond coverage carried by the department.	81920

(H) Each deputy registrar shall keep a file of each	81921
application received by the deputy and shall register that motor	81922
vehicle with the name and address of its owner.	81923

(I) Upon request, a deputy registrar shall make the physical	81924
inspection of a motor vehicle and issue the physical inspection	81925
certificate required in section 4505.061 of the Revised Code.	81926

(J) Each deputy registrar shall file a report semiannually	81927
with the registrar of motor vehicles listing the number of	81928
applicants for licenses the deputy has served, the number of voter	81929
registration applications the deputy has completed and transmitted	81930
to the board of elections, and the number of voter registration	81931
applications declined.	81932

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	81933
motorcycle, and all-purpose vehicle required to be registered	81934
under section 4519.02 of the Revised Code shall file an	81935
application for registration under section 4519.03 of the Revised	81936
Code. The owner of a motor vehicle, other than a snowmobile,	81937
off-highway motorcycle, or all-purpose vehicle, that is not	81938
designed and constructed by the manufacturer for operation on a	81939
street or highway may not register it under this chapter except	81940
upon certification of inspection pursuant to section 4513.02 of	81941
the Revised Code by the sheriff, or the chief of police of the	81942
municipal corporation or township, with jurisdiction over the	81943
political subdivision in which the owner of the motor vehicle	81944
resides. Except as provided in section 4503.103 of the Revised	81945
Code, every owner of every other motor vehicle not previously	81946
described in this section and every person mentioned as owner in	81947
the last certificate of title of a motor vehicle that is operated	81948
or driven upon the public roads or highways shall cause to be	81949
filed each year, by mail or otherwise, in the office of the	81950
registrar of motor vehicles or a deputy registrar, a written or	81951
electronic application or a preprinted registration renewal notice	81952
issued under section 4503.102 of the Revised Code, the form of	81953
which shall be prescribed by the registrar, for registration for	81954
the following registration year, which shall begin on the first	81955
day of January of every calendar year and end on the thirty-first	81956
day of December in the same year. Applications for registration	81957
and registration renewal notices shall be filed at the times	81958
established by the registrar pursuant to section 4503.101 of the	81959
Revised Code. A motor vehicle owner also may elect to apply for or	81960
renew a motor vehicle registration by electronic means using	81961
electronic signature in accordance with rules adopted by the	81962
registrar. Except as provided in division (J) of this section,	81963
applications for registration shall be made on blanks furnished by	81964
the registrar for that purpose, containing the following	81965
information:	81966

(1) A brief description of the motor vehicle to be	81967
registered, including the year, make, model, and vehicle	81968
identification number, and, in the case of commercial cars, the	81969
gross weight of the vehicle fully equipped computed in the manner	81970
prescribed in section 4503.08 of the Revised Code;	81971

(2) The name and residence address of the owner, and the	81972
township and municipal corporation in which the owner resides;	81973

(3) The district of registration, which shall be determined	81974
as follows:	81975

(a) In case the motor vehicle to be registered is used for	81976
hire or principally in connection with any established business or	81977
branch business, conducted at a particular place, the district of	81978
registration is the municipal corporation in which that place is	81979
located or, if not located in any municipal corporation, the	81980
county and township in which that place is located.	81981

(b) In case the vehicle is not so used, the district of	81982
registration is the municipal corporation or county in which the	81983
owner resides at the time of making the application.	81984

(4) Whether the motor vehicle is a new or used motor vehicle;

81985

(5) The date of purchase of the motor vehicle;

81986

(6) Whether the fees required to be paid for the registration	81987
or transfer of the motor vehicle, during the preceding	81988
registration year and during the preceding period of the current	81989
registration year, have been paid. Each application for	81990
registration shall be signed by the owner, either manually or by	81991
electronic signature, or pursuant to obtaining a limited power of	81992
attorney authorized by the registrar for registration, or other	81993
document authorizing such signature. If the owner elects to apply	81994
for or renew the motor vehicle registration with the registrar by	81995
electronic means, the owner's manual signature is not required.	81996

(7) The owner's social security number, driver's license	81997
number, or state identification number, or, where a motor vehicle	81998
to be registered is used for hire or principally in connection	81999
with any established business, the owner's federal taxpayer	82000
identification number. The bureau of motor vehicles shall retain	82001
in its records all social security numbers provided under this	82002
section, but the bureau shall not place social security numbers on	82003
motor vehicle certificates of registration.	82004

(B) Except as otherwise provided in this division, each time	82005
an applicant first registers a motor vehicle in the applicant's	82006
name, the applicant shall present for inspection a physical	82007
certificate of title or memorandum certificate showing title to	82008
the motor vehicle to be registered in the name of the applicant if	82009
a physical certificate of title or memorandum certificate has been	82010
issued by a clerk of a court of common pleas. If, under sections	82011
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	82012
instead has issued an electronic certificate of title for the	82013
applicant's motor vehicle, that certificate may be presented for	82014
inspection at the time of first registration in a manner	82015
prescribed by rules adopted by the registrar. An applicant is not	82016
required to present a certificate of title to an electronic motor	82017
vehicle dealer acting as a limited authority deputy registrar in	82018
accordance with rules adopted by the registrar. When a motor	82019
vehicle inspection and maintenance program is in effect under	82020
section 3704.14 of the Revised Code and rules adopted under it,	82021
each application for registration for a vehicle required to be	82022
inspected under that section and those rules shall be accompanied	82023
by an inspection certificate for the motor vehicle issued in	82024
accordance with that section. The application shall be refused if	82025
any of the following applies:	82026

(1) The application is not in proper form.

82027

(2) The application is prohibited from being accepted by	82028
division (D) of section 2935.27, division (A) of section 2937.221,	82029
division (A) of section 4503.13, division (B) of section 4510.22,	82030
or division (B)(1) of section 4521.10 of the Revised Code.	82031

(3) A certificate of title or memorandum certificate of title	82032
is required but does not accompany the application or, in the case	82033
of an electronic certificate of title, is required but is not	82034
presented in a manner prescribed by the registrar's rules.	82035

(4) All registration and transfer fees for the motor vehicle,	82036
for the preceding year or the preceding period of the current	82037
registration year, have not been paid.	82038

(5) The owner or lessee does not have an inspection	82039
certificate for the motor vehicle as provided in section 3704.14	82040
of the Revised Code, and rules adopted under it, if that section	82041
is applicable.	82042

This section does not require the payment of license or	82043
registration taxes on a motor vehicle for any preceding year, or	82044
for any preceding period of a year, if the motor vehicle was not	82045
taxable for that preceding year or period under sections 4503.02,	82046
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	82047
Revised Code. When a certificate of registration is issued upon	82048
the first registration of a motor vehicle by or on behalf of the	82049
owner, the official issuing the certificate shall indicate the	82050
issuance with a stamp on the certificate of title or memorandum	82051
certificate or, in the case of an electronic certificate of title,	82052
an electronic stamp or other notation as specified in rules	82053
adopted by the registrar, and with a stamp on the inspection	82054
certificate for the motor vehicle, if any. The official also shall	82055
indicate, by a stamp or by other means the registrar prescribes,	82056
on the registration certificate issued upon the first registration	82057
of a motor vehicle by or on behalf of the owner the odometer	82058
reading of the motor vehicle as shown in the odometer statement	82059
included in or attached to the certificate of title. Upon each	82060
subsequent registration of the motor vehicle by or on behalf of	82061
the same owner, the official also shall so indicate the odometer	82062
reading of the motor vehicle as shown on the immediately preceding	82063
certificate of registration.	82064

The registrar shall include in the permanent registration	82065
record of any vehicle required to be inspected under section	82066
3704.14 of the Revised Code the inspection certificate number from	82067
the inspection certificate that is presented at the time of	82068
registration of the vehicle as required under this division.	82069

(C)(1) Except as otherwise provided in division (C)(1) of	82070
this section, for each registration renewal with an expiration	82071
date on or after October 1, 2003, and for each initial application	82072
for registration received on and after that date, the registrar	82073
and each deputy registrar shall collect an additional fee of	82074
eleven dollars for each application for registration and	82075
registration renewal received. For vehicles specified in divisions	82076
(A)(1) to (21) of section 4503.042 of the Revised Code, commencing	82077
with each registration renewal with an expiration date on or after	82078
October 1, 2009, and for each initial application received on or	82079
after that date, the registrar and deputy registrar shall collect	82080
an additional fee of thirty dollars for each application for	82081
registration and registration renewal received. The additional fee	82082
is for the purpose of defraying the department of public safety's	82083
costs associated with the administration and enforcement of the	82084
motor vehicle and traffic laws of Ohio. Each deputy registrar	82085
shall transmit the fees collected under division (C)(1) of this	82086
section in the time and manner provided in this section. The	82087
registrar shall deposit all moneys received under division (C)(1)	82088
of this section into the state highway safety fund established in	82089
section 4501.06 of the Revised Code.	82090

(2) In addition, a charge of twenty-five cents shall be made	82091
for each reflectorized safety license plate issued, and a single	82092
charge of twenty-five cents shall be made for each county	82093
identification sticker or each set of county identification	82094
stickers issued, as the case may be, to cover the cost of	82095
producing the license plates and stickers, including material,	82096
manufacturing, and administrative costs. Those fees shall be in	82097
addition to the license tax. If the total cost of producing the	82098
plates is less than twenty-five cents per plate, or if the total	82099
cost of producing the stickers is less than twenty-five cents per	82100
sticker or per set issued, any excess moneys accruing from the	82101
fees shall be distributed in the same manner as provided by	82102
section 4501.04 of the Revised Code for the distribution of	82103
license tax moneys. If the total cost of producing the plates	82104
exceeds twenty-five cents per plate, or if the total cost of	82105
producing the stickers exceeds twenty-five cents per sticker or	82106
per set issued, the difference shall be paid from the license tax	82107
moneys collected pursuant to section 4503.02 of the Revised Code.	82108

(D) ~~Each~~(1) For each registration or registration renewal, a	82109
deputy registrar shall be allowed aboth of the following:	82110

(a) A fee of three dollars and fifty cents ~~for each~~	82111
~~application for registration and registration renewal notice the~~	82112
~~deputy registrar receives, which~~; and	82113

(b) For each registration or registration renewal, a vendor	82114
allowance equal to two per cent of the applicable license tax	82115
specified under either section 4503.04 or 4503.042 of the Revised	82116
Code, plus two per cent of the fee collected under division (C)(1)	82117
of this section.	82118

(2) The fee and vendor allowance shall be for the purpose of	82119
compensating the deputy registrar for the deputy registrar's	82120
services, and such office and rental expenses, as may be necessary	82121
for the proper discharge of the deputy registrar's duties in the	82122
receiving of applications and renewal notices and the issuing of	82123
registrations.	82124

(E) Upon the certification of the registrar, the county	82125
sheriff or local police officials shall recover license plates	82126
erroneously or fraudulently issued.	82127

(F) Each deputy registrar, upon receipt of any application	82128
for registration or registration renewal notice, together with the	82129
license fee and any local motor vehicle license tax levied	82130
pursuant to Chapter 4504. of the Revised Code, shall transmit that	82131
fee and tax, if any, in the manner provided in this section,	82132
together with the original and duplicate copy of the application,	82133
to the registrar. The registrar, subject to the approval of the	82134
director of public safety, may deposit the funds collected by	82135
those deputies in a local bank or depository to the credit of the	82136
"state of Ohio, bureau of motor vehicles." Where a local bank or	82137
depository has been designated by the registrar, each deputy	82138
registrar shall deposit all moneys collected by the deputy	82139
registrar into that bank or depository not more than one business	82140
day after their collection and shall make reports to the registrar	82141
of the amounts so deposited, together with any other information,	82142
some of which may be prescribed by the treasurer of state, as the	82143
registrar may require and as prescribed by the registrar by rule.	82144
The registrar, within three days after receipt of notification of	82145
the deposit of funds by a deputy registrar in a local bank or	82146
depository, shall draw on that account in favor of the treasurer	82147
of state. The registrar, subject to the approval of the director	82148
and the treasurer of state, may make reasonable rules necessary	82149
for the prompt transmittal of fees and for safeguarding the	82150
interests of the state and of counties, townships, municipal	82151
corporations, and transportation improvement districts levying	82152
local motor vehicle license taxes. The registrar may pay service	82153
charges usually collected by banks and depositories for such	82154
service. If deputy registrars are located in communities where	82155
banking facilities are not available, they shall transmit the fees	82156
forthwith, by money order or otherwise, as the registrar, by rule	82157
approved by the director and the treasurer of state, may	82158
prescribe. The registrar may pay the usual and customary fees for	82159
such service.	82160

(G) This section does not prevent any person from making an	82161
application for ~~a motor vehicle license~~registration or	82162
registration renewal directly to the registrar by mail, by	82163
electronic means, or in person at any of the registrar's offices,	82164
upon payment of aboth of the following:	82165

(1) A service fee of three dollars and fifty cents for each	82166
application; and	82167

(2) For each registration or registration renewal, a vendor	82168
allowance equal to two per cent of the applicable license tax	82169
specified under either section 4503.04 or 4503.042 of the Revised	82170
Code, plus two per cent of the fee collected under division (C)(1)	82171
of this section.	82172

(H) No person shall make a false statement as to the district	82173
of registration in an application required by division (A) of this	82174
section. Violation of this division is falsification under section	82175
2921.13 of the Revised Code and punishable as specified in that	82176
section.	82177

(I)(1) Where applicable, the requirements of division (B) of	82178
this section relating to the presentation of an inspection	82179
certificate issued under section 3704.14 of the Revised Code and	82180
rules adopted under it for a motor vehicle, the refusal of a	82181
license for failure to present an inspection certificate, and the	82182
stamping of the inspection certificate by the official issuing the	82183
certificate of registration apply to the registration of and	82184
issuance of license plates for a motor vehicle under sections	82185
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	82186
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	82187
4503.47, and 4503.51 of the Revised Code.	82188

(2)(a) The registrar shall adopt rules ensuring that each	82189
owner registering a motor vehicle in a county where a motor	82190
vehicle inspection and maintenance program is in effect under	82191
section 3704.14 of the Revised Code and rules adopted under it	82192
receives information about the requirements established in that	82193
section and those rules and about the need in those counties to	82194
present an inspection certificate with an application for	82195
registration or preregistration.	82196

(b) Upon request, the registrar shall provide the director of	82197
environmental protection, or any person that has been awarded a	82198
contract under section 3704.14 of the Revised Code, an on-line	82199
computer data link to registration information for all passenger	82200
cars, noncommercial motor vehicles, and commercial cars that are	82201
subject to that section. The registrar also shall provide to the	82202
director of environmental protection a magnetic data tape	82203
containing registration information regarding passenger cars,	82204
noncommercial motor vehicles, and commercial cars for which a	82205
multi-year registration is in effect under section 4503.103 of the	82206
Revised Code or rules adopted under it, including, without	82207
limitation, the date of issuance of the multi-year registration,	82208
the registration deadline established under rules adopted under	82209
section 4503.101 of the Revised Code that was applicable in the	82210
year in which the multi-year registration was issued, and the	82211
registration deadline for renewal of the multi-year registration.	82212

(J) Subject to division (K) of this section, application for	82213
registration under the international registration plan, as set	82214
forth in sections 4503.60 to 4503.66 of the Revised Code, shall be	82215
made to the registrar on forms furnished by the registrar. In	82216
accordance with international registration plan guidelines and	82217
pursuant to rules adopted by the registrar, the forms shall	82218
include the following:	82219

(1) A uniform mileage schedule;

82220

(2) The gross vehicle weight of the vehicle or combined gross	82221
vehicle weight of the combination vehicle as declared by the	82222
registrant;	82223

(3) Any other information the registrar requires by rule.

82224

(K) The registrar shall determine the feasibility of	82225
implementing an electronic commercial fleet licensing and	82226
management program that will enable the owners of commercial	82227
tractors, commercial trailers, and commercial semitrailers to	82228
conduct electronic transactions by July 1, 2010, or sooner. If the	82229
registrar determines that implementing such a program is feasible,	82230
the registrar shall adopt new rules under this division or amend	82231
existing rules adopted under this division as necessary in order	82232
to respond to advances in technology.	82233

If international registration plan guidelines and provisions	82234
allow member jurisdictions to permit applications for	82235
registrations under the international registration plan to be made	82236
via the internet, the rules the registrar adopts under this	82237
division shall permit such action.	82238

Sec. 4503.44. (A) As used in this section and in section	82239
4511.69 of the Revised Code:	82240

(1) "Person with a disability that limits or impairs the	82241
ability to walk" means any person who, as determined by a health	82242
care provider, meets any of the following criteria:	82243

(a) Cannot walk two hundred feet without stopping to rest;

82244

(b) Cannot walk without the use of, or assistance from, a	82245
brace, cane, crutch, another person, prosthetic device,	82246
wheelchair, or other assistive device;	82247

(c) Is restricted by a lung disease to such an extent that	82248
the person's forced (respiratory) expiratory volume for one	82249
second, when measured by spirometry, is less than one liter, or	82250
the arterial oxygen tension is less than sixty millimeters of	82251
mercury on room air at rest;	82252

(d) Uses portable oxygen;

82253

(e) Has a cardiac condition to the extent that the person's	82254
functional limitations are classified in severity as class III or	82255
class IV according to standards set by the American heart	82256
association;	82257

(f) Is severely limited in the ability to walk due to an	82258
arthritic, neurological, or orthopedic condition;	82259

(g) Is blind.

82260

(2) "Organization" means any private organization or	82261
corporation, or any governmental board, agency, department,	82262
division, or office, that, as part of its business or program,	82263
transports persons with disabilities that limit or impair the	82264
ability to walk on a regular basis in a motor vehicle that has not	82265
been altered for the purpose of providing it with special	82266
equipment for use by ~~handicapped~~ persons with disabilities. This	82267
definition does not apply to division (J) of this section.	82268

(3) "Health care provider" means a physician, physician	82269
assistant, advanced practice registered nurse, or chiropractor as	82270
defined in this section.	82271

(4) "Physician" means a person licensed to practice medicine	82272
or surgery or osteopathic medicine and surgery under Chapter 4731.	82273
of the Revised Code.	82274

(5) "Chiropractor" means a person licensed to practice	82275
chiropractic under Chapter 4734. of the Revised Code.	82276

(6) "Advanced practice registered nurse" means a certified	82277
nurse practitioner, clinical nurse specialist, certified	82278
registered nurse anesthetist, or certified nurse-midwife who holds	82279
a certificate of authority issued by the board of nursing under	82280
Chapter 4723. of the Revised Code.	82281

(7) "Physician assistant" means a person who holds a	82282
certificate to practice as a physician assistant issued under	82283
Chapter 4730. of the Revised Code.	82284

(B) Any organization or person with a disability that limits	82285
or impairs the ability to walk may apply to the registrar of motor	82286
vehicles for a removable windshield placard or, if the person owns	82287
or leases a motor vehicle, the person may apply for the	82288
registration of any motor vehicle the person owns or leases. In	82289
addition to one or more sets of license plates or one placard, a	82290
person with a disability that limits or impairs the ability to	82291
walk is entitled to one additional placard, but only if the person	82292
applies separately for the additional placard, states the reasons	82293
why the additional placard is needed, and the registrar, in the	82294
registrar's discretion, determines that good and justifiable cause	82295
exists to approve the request for the additional placard. When a	82296
motor vehicle has been altered for the purpose of providing it	82297
with special equipment for a person with a disability that limits	82298
or impairs the ability to walk, but is owned or leased by someone	82299
other than such a person, the owner or lessee may apply to the	82300
registrar or a deputy registrar for registration under this	82301
section. The application for registration of a motor vehicle owned	82302
or leased by a person with a disability that limits or impairs the	82303
ability to walk shall be accompanied by a signed statement from	82304
the applicant's health care provider certifying that the applicant	82305
meets at least one of the criteria contained in division (A)(1) of	82306
this section and that the disability is expected to continue for	82307
more than six consecutive months. The application for a removable	82308
windshield placard made by a person with a disability that limits	82309
or impairs the ability to walk shall be accompanied by a	82310
prescription from the applicant's health care provider prescribing	82311
such a placard for the applicant, provided that the applicant	82312
meets at least one of the criteria contained in division (A)(1) of	82313
this section. The health care provider shall state on the	82314
prescription the length of time the health care provider expects	82315
the applicant to have the disability that limits or impairs the	82316
applicant's ability to walk. The application for a removable	82317
windshield placard made by an organization shall be accompanied by	82318
such documentary evidence of regular transport of persons with	82319
disabilities that limit or impair the ability to walk by the	82320
organization as the registrar may require by rule and shall be	82321
completed in accordance with procedures that the registrar may	82322
require by rule. The application for registration of a motor	82323
vehicle that has been altered for the purpose of providing it with	82324
special equipment for a person with a disability that limits or	82325
impairs the ability to walk but is owned by someone other than	82326
such a person shall be accompanied by such documentary evidence of	82327
vehicle alterations as the registrar may require by rule.	82328

(C) When an organization, a person with a disability that	82329
limits or impairs the ability to walk, or a person who does not	82330
have a disability that limits or impairs the ability to walk but	82331
owns a motor vehicle that has been altered for the purpose of	82332
providing it with special equipment for a person with a disability	82333
that limits or impairs the ability to walk first submits an	82334
application for registration of a motor vehicle under this section	82335
and every fifth year thereafter, the organization or person shall	82336
submit a signed statement from the applicant's health care	82337
provider, a completed application, and any required documentary	82338
evidence of vehicle alterations as provided in division (B) of	82339
this section, and also a power of attorney from the owner of the	82340
motor vehicle if the applicant leases the vehicle. Upon submission	82341
of these items, the registrar or deputy registrar shall issue to	82342
the applicant appropriate vehicle registration and a set of	82343
license plates and validation stickers, or validation stickers	82344
alone when required by section 4503.191 of the Revised Code. In	82345
addition to the letters and numbers ordinarily inscribed thereon,	82346
the license plates shall be imprinted with the international	82347
symbol of access. The license plates and validation stickers shall	82348
be issued upon payment of the regular license fee as prescribed	82349
under section 4503.04 of the Revised Code and any motor vehicle	82350
tax levied under Chapter 4504. of the Revised Code, and the	82351
payment of a service fee equal to the amount specified in division	82352
(D) or (G) of section 4503.10 of the Revised Code.	82353

(D)(1) Upon receipt of a completed and signed application for	82354
a removable windshield placard, a prescription as described in	82355
division (B) of this section, documentary evidence of regular	82356
transport of persons with disabilities that limit or impair the	82357
ability to walk, if required, and payment of a service fee equal	82358
to the amount specified in division (D) or (G) of section 4503.10	82359
of the Revised Code, the registrar or deputy registrar shall issue	82360
to the applicant a removable windshield placard, which shall bear	82361
the date of expiration on both sides of the placard and shall be	82362
valid until expired, revoked, or surrendered. Every removable	82363
windshield placard expires as described in division (D)(2) of this	82364
section, but in no case shall a removable windshield placard be	82365
valid for a period of less than sixty days. Removable windshield	82366
placards shall be renewable upon application as provided in	82367
division (B) of this section, and a service fee equal to the	82368
amount specified in division (D) or (G) of section 4503.10 of the	82369
Revised Code shall be charged for the renewal of a removable	82370
windshield placard. The registrar shall provide the application	82371
form and shall determine the information to be included thereon.	82372
The registrar also shall determine the form and size of the	82373
removable windshield placard, the material of which it is to be	82374
made, and any other information to be included thereon, and shall	82375
adopt rules relating to the issuance, expiration, revocation,	82376
surrender, and proper display of such placards. Any placard issued	82377
after October 14, 1999, shall be manufactured in a manner that	82378
allows the expiration date of the placard to be indicated on it	82379
through the punching, drilling, boring, or creation by any other	82380
means of holes in the placard.	82381

(2) At the time a removable windshield placard is issued to a	82382
person with a disability that limits or impairs the ability to	82383
walk, the registrar or deputy registrar shall enter into the	82384
records of the bureau of motor vehicles the last date on which the	82385
person will have that disability, as indicated on the accompanying	82386
prescription. Not less than thirty days prior to that date and all	82387
removable windshield placard renewal dates, the bureau shall send	82388
a renewal notice to that person at the person's last known address	82389
as shown in the records of the bureau, informing the person that	82390
the person's removable windshield placard will expire on the	82391
indicated date not to exceed five years from the date of issuance,	82392
and that the person is required to renew the placard by submitting	82393
to the registrar or a deputy registrar another prescription, as	82394
described in division (B) of this section, and by complying with	82395
the renewal provisions prescribed in division (D)(1) of this	82396
section. If such a prescription is not received by the registrar	82397
or a deputy registrar by that date, the placard issued to that	82398
person expires and no longer is valid, and this fact shall be	82399
recorded in the records of the bureau.	82400

(3) At least once every year, on a date determined by the	82401
registrar, the bureau shall examine the records of the office of	82402
vital statistics, located within the department of health, that	82403
pertain to deceased persons, and also the bureau's records of all	82404
persons who have been issued removable windshield placards and	82405
temporary removable windshield placards. If the records of the	82406
office of vital statistics indicate that a person to whom a	82407
removable windshield placard or temporary removable windshield	82408
placard has been issued is deceased, the bureau shall cancel that	82409
placard, and note the cancellation in its records.	82410

The office of vital statistics shall make available to the	82411
bureau all information necessary to enable the bureau to comply	82412
with division (D)(3) of this section.	82413

(4) Nothing in this section shall be construed to require a	82414
person or organization to apply for a removable windshield placard	82415
or special license plates if the parking card or special license	82416
plates issued to the person or organization under prior law have	82417
not expired or been surrendered or revoked.	82418

(E)(1)(a) Any person with a disability that limits or impairs	82419
the ability to walk may apply to the registrar or a deputy	82420
registrar for a temporary removable windshield placard. The	82421
application for a temporary removable windshield placard shall be	82422
accompanied by a prescription from the applicant's health care	82423
provider prescribing such a placard for the applicant, provided	82424
that the applicant meets at least one of the criteria contained in	82425
division (A)(1) of this section and that the disability is	82426
expected to continue for six consecutive months or less. The	82427
health care provider shall state on the prescription the length of	82428
time the health care provider expects the applicant to have the	82429
disability that limits or impairs the applicant's ability to walk,	82430
which cannot exceed six months from the date of the prescription.	82431
Upon receipt of an application for a temporary removable	82432
windshield placard, presentation of the prescription from the	82433
applicant's health care provider, and payment of a service fee	82434
equal to the amount specified in division (D) or (G) of section	82435
4503.10 of the Revised Code, the registrar or deputy registrar	82436
shall issue to the applicant a temporary removable windshield	82437
placard.	82438

(b) Any active-duty member of the armed forces of the United	82439
States, including the reserve components of the armed forces and	82440
the national guard, who has an illness or injury that limits or	82441
impairs the ability to walk may apply to the registrar or a deputy	82442
registrar for a temporary removable windshield placard. With the	82443
application, the person shall present evidence of the person's	82444
active-duty status and the illness or injury. Evidence of the	82445
illness or injury may include a current department of defense	82446
convalescent leave statement, any department of defense document	82447
indicating that the person currently has an ill or injured	82448
casualty status or has limited duties, or a prescription from any	82449
health care provider prescribing the placard for the applicant.	82450
Upon receipt of the application and the necessary evidence, the	82451
registrar or deputy registrar shall issue the applicant the	82452
temporary removable windshield placard without the payment of any	82453
service fee.	82454

(2) The temporary removable windshield placard shall be of	82455
the same size and form as the removable windshield placard, shall	82456
be printed in white on a red-colored background, and shall bear	82457
the word "temporary" in letters of such size as the registrar	82458
shall prescribe. A temporary removable windshield placard also	82459
shall bear the date of expiration on the front and back of the	82460
placard, and shall be valid until expired, surrendered, or	82461
revoked, but in no case shall such a placard be valid for a period	82462
of less than sixty days. The registrar shall provide the	82463
application form and shall determine the information to be	82464
included on it, provided that the registrar shall not require a	82465
health care provider's prescription or certification for a person	82466
applying under division (E)(1)(b) of this section. The registrar	82467
also shall determine the material of which the temporary removable	82468
windshield placard is to be made and any other information to be	82469
included on the placard and shall adopt rules relating to the	82470
issuance, expiration, surrender, revocation, and proper display of	82471
those placards. Any temporary removable windshield placard issued	82472
after October 14, 1999, shall be manufactured in a manner that	82473
allows for the expiration date of the placard to be indicated on	82474
it through the punching, drilling, boring, or creation by any	82475
other means of holes in the placard.	82476

(F) If an applicant for a removable windshield placard is a	82477
veteran of the armed forces of the United States whose disability,	82478
as defined in division (A)(1) of this section, is	82479
service-connected, the registrar or deputy registrar, upon receipt	82480
of the application, presentation of a signed statement from the	82481
applicant's health care provider certifying the applicant's	82482
disability, and presentation of such documentary evidence from the	82483
department of veterans affairs that the disability of the	82484
applicant meets at least one of the criteria identified in	82485
division (A)(1) of this section and is service-connected as the	82486
registrar may require by rule, but without the payment of any	82487
service fee, shall issue the applicant a removable windshield	82488
placard that is valid until expired, surrendered, or revoked.	82489

(G) Upon a conviction of a violation of division (I), (J), or	82490
(K) of this section, the court shall report the conviction, and	82491
send the placard or parking card, if available, to the registrar,	82492
who thereupon shall revoke the privilege of using the placard or	82493
parking card and send notice in writing to the placardholder or	82494
cardholder at that holder's last known address as shown in the	82495
records of the bureau, and the placardholder or cardholder shall	82496
return the placard or card if not previously surrendered to the	82497
court, to the registrar within ten days following mailing of the	82498
notice.	82499

Whenever a person to whom a removable windshield placard or	82500
parking card has been issued moves to another state, the person	82501
shall surrender the placard or card to the registrar; and whenever	82502
an organization to which a placard or card has been issued changes	82503
its place of operation to another state, the organization shall	82504
surrender the placard or card to the registrar.	82505

(H) Subject to division (F) of section 4511.69 of the Revised	82506
Code, the operator of a motor vehicle displaying a removable	82507
windshield placard, temporary removable windshield placard,	82508
parking card, or the special license plates authorized by this	82509
section is entitled to park the motor vehicle in any special	82510
parking location reserved for persons with disabilities that limit	82511
or impair the ability to walk, also known as handicapped parking	82512
spaces or disability parking spaces.	82513

(I) No person or organization that is not eligible under	82514
division (B) or (E) of this section shall willfully and falsely	82515
represent that the person or organization is so eligible.	82516

No person or organization shall display license plates issued	82517
under this section unless the license plates have been issued for	82518
the vehicle on which they are displayed and are valid.	82519

(J) No person or organization to which a removable windshield	82520
placard or temporary removable windshield placard is issued shall	82521
do either of the following:	82522

(1) Display or permit the display of the placard on any motor	82523
vehicle when having reasonable cause to believe the motor vehicle	82524
is being used in connection with an activity that does not include	82525
providing transportation for persons with disabilities that limit	82526
or impair the ability to walk;	82527

(2) Refuse to return or surrender the placard, when required.

82528

(K)(1) No person or organization to which a parking card is	82529
issued shall do either of the following:	82530

(a) Display or permit the display of the parking card on any	82531
motor vehicle when having reasonable cause to believe the motor	82532
vehicle is being used in connection with an activity that does not	82533
include providing transportation for a ~~handicapped~~ person with a	82534
disability;	82535

(b) Refuse to return or surrender the parking card, when	82536
required.	82537

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

82538

(a) "~~Handicapped person~~Person with a disability" means any	82539
person who has lost the use of one or both legs or one or both	82540
arms, who is blind, deaf, or so severely ~~handicapped~~disabled as	82541
to be unable to move about without the aid of crutches or a	82542
wheelchair, or whose mobility is restricted by a permanent	82543
cardiovascular, pulmonary, or other ~~handicapping~~disabling	82544
condition.	82545

(b) "Organization" means any private organization or	82546
corporation, or any governmental board, agency, department,	82547
division, or office, that, as part of its business or program,	82548
transports ~~handicapped~~ persons with disabilities on a regular	82549
basis in a motor vehicle that has not been altered for the	82550
purposes of providing it with special equipment for use by	82551
~~handicapped~~ persons with disabilities.	82552

(L) If a removable windshield placard, temporary removable	82553
windshield placard, or parking card is lost, destroyed, or	82554
mutilated, the placardholder or cardholder may obtain a duplicate	82555
by doing both of the following:	82556

(1) Furnishing suitable proof of the loss, destruction, or	82557
mutilation to the registrar;	82558

(2) Paying a service fee equal to the amount specified in	82559
division (D) or (G) of section 4503.10 of the Revised Code.	82560

Any placardholder or cardholder who loses a placard or card	82561
and, after obtaining a duplicate, finds the original, immediately	82562
shall surrender the original placard or card to the registrar.	82563

(M) The registrar shall pay all fees received under this	82564
section for the issuance of removable windshield placards or	82565
temporary removable windshield placards or duplicate removable	82566
windshield placards or cards into the state treasury to the credit	82567
of the state bureau of motor vehicles fund created in section	82568
4501.25 of the Revised Code.	82569

(N) In addition to the fees collected under this section, the	82570
registrar or deputy registrar shall ask each person applying for a	82571
removable windshield placard or temporary removable windshield	82572
placard or duplicate removable windshield placard or license plate	82573
issued under this section, whether the person wishes to make a	82574
two-dollar voluntary contribution to support rehabilitation	82575
employment services. The registrar shall transmit the	82576
contributions received under this division to the treasurer of	82577
state for deposit into the rehabilitation employment fund, which	82578
is hereby created in the state treasury. A deputy registrar shall	82579
transmit the contributions received under this division to the	82580
registrar in the time and manner prescribed by the registrar. The	82581
contributions in the fund shall be used by the ~~rehabilitation~~	82582
~~services commission~~opportunities for Ohioans with disabilities	82583
agency to purchase services related to vocational evaluation, work	82584
adjustment, personal adjustment, job placement, job coaching, and	82585
community-based assessment from accredited community	82586
rehabilitation program facilities.	82587

(O) For purposes of enforcing this section, every peace	82588
officer is deemed to be an agent of the registrar. Any peace	82589
officer or any authorized employee of the bureau of motor vehicles	82590
who, in the performance of duties authorized by law, becomes aware	82591
of a person whose placard or parking card has been revoked	82592
pursuant to this section, may confiscate that placard or parking	82593
card and return it to the registrar. The registrar shall prescribe	82594
any forms used by law enforcement agencies in administering this	82595
section.	82596

No peace officer, law enforcement agency employing a peace	82597
officer, or political subdivision or governmental agency employing	82598
a peace officer, and no employee of the bureau is liable in a	82599
civil action for damages or loss to persons arising out of the	82600
performance of any duty required or authorized by this section. As	82601
used in this division, "peace officer" has the same meaning as in	82602
division (B) of section 2935.01 of the Revised Code.	82603

(P) All applications for registration of motor vehicles,	82604
removable windshield placards, and temporary removable windshield	82605
placards issued under this section, all renewal notices for such	82606
items, and all other publications issued by the bureau that relate	82607
to this section shall set forth the criminal penalties that may be	82608
imposed upon a person who violates any provision relating to	82609
special license plates issued under this section, the parking of	82610
vehicles displaying such license plates, and the issuance,	82611
procurement, use, and display of removable windshield placards and	82612
temporary removable windshield placards issued under this section.	82613

(Q) Whoever violates this section is guilty of a misdemeanor	82614
of the fourth degree.	82615

Sec. 4503.524. (A) The owner or lessee of any passenger car,	82616
noncommercial motor vehicle, recreational vehicle, or other	82617
vehicle of a class approved by the registrar of motor vehicles may	82618
apply to the registrar for the registration of the vehicle and	82619
issuance of "Massillon tiger football booster club" license	82620
plates. The application for "Massillon tiger football booster	82621
club" license plates may be combined with a request for a special	82622
reserved license plate under section 4503.40 or 4503.42 of the	82623
Revised Code. Upon receipt of the completed application and	82624
compliance with division (B) of this section, the registrar shall	82625
issue to the applicant the appropriate vehicle registration and a	82626
set of "Massillon tiger football booster club" license plates with	82627
a validation sticker or a validation sticker alone when required	82628
by section 4503.191 of the Revised Code. In addition to the	82629
letters and numbers ordinarily inscribed thereon, "Massillon tiger	82630
football booster club" license plates shall be inscribed with	82631
words and markings selected and designed by the Massillon tiger	82632
football booster club and approved by the registrar. "Massillon	82633
tiger football booster club" license plates shall bear county	82634
identification stickers that identify the county of registration	82635
by name or number.	82636

(B) "Massillon tiger football booster club" license plates	82637
and validation stickers shall be issued upon payment of the	82638
regular license tax as prescribed under section 4503.04 of the	82639
Revised Code, any applicable motor vehicle tax levied under	82640
Chapter 4504. of the Revised Code, a bureau of motor vehicles	82641
administrative fee of ten dollars, the contribution specified in	82642
division (C) of this section, and compliance with all other	82643
applicable laws relating to the registration of motor vehicles. If	82644
the application for "Massillon tiger football booster club"	82645
license plates is combined with a request for a special reserved	82646
license plate under section 4503.40 or 4503.42 of the Revised	82647
Code, the license plates and validation sticker shall be issued	82648
upon payment of the contribution, fees, and taxes contained in	82649
this division and the additional fee prescribed under section	82650
4503.40 or 4503.42 of the Revised Code.	82651

(C) For each application for registration and registration	82652
renewal submitted under this section, the registrar shall collect	82653
a contribution of twenty-five dollars. The registrar shall	82654
transmit this contribution to the treasurer of state for deposit	82655
into the license plate contribution fund created in section	82656
4501.21 of the Revised Code.	82657

The registrar shall deposit the ten-dollar bureau	82658
administrative fee, the purpose of which is to compensate the	82659
bureau for additional services required in issuing "Massillon	82660
tiger football booster club" license plates, into the state bureau	82661
of motor vehicles fund created in section 4501.25 of the Revised	82662
Code.	82663

Sec. 4503.526. (A) The owner or lessee of any passenger car,	82664
noncommercial motor vehicle, recreational vehicle, or other	82665
vehicle of a class approved by the registrar of motor vehicles may	82666
apply to the registrar for the registration of the vehicle and	82667
issuance of Kiwanis club license plates. The application for	82668
Kiwanis club license plates may be combined with a request for a	82669
special reserved license plate under section 4503.40 or 4503.42 of	82670
the Revised Code. Upon receipt of the completed application and	82671
compliance with division (B) of this section, the registrar shall	82672
issue to the applicant the appropriate vehicle registration and a	82673
set of Kiwanis club license plates with a validation sticker or a	82674
validation sticker alone when required by section 4503.191 of the	82675
Revised Code.	82676

In addition to the letters and numbers ordinarily inscribed	82677
thereon, Kiwanis club license plates shall be inscribed with words	82678
and markings selected and designed by the Ohio district of Kiwanis	82679
international. The registrar shall approve the final design.	82680
Kiwanis club license plates shall bear county identification	82681
stickers that identify the county of registration by name or	82682
number.	82683

(B) Kiwanis club license plates and validation stickers shall	82684
be issued upon payment of the regular license tax as prescribed	82685
under section 4503.04 of the Revised Code, any applicable motor	82686
vehicle tax levied under Chapter 4504. of the Revised Code, a	82687
bureau of motor vehicles administrative fee of ten dollars, the	82688
contribution specified under division (C) of this section, and	82689
compliance with all other applicable laws relating to the	82690
registration of motor vehicles. If the application for Kiwanis	82691
club license plates is combined with a request for a special	82692
reserved license plate under section 4503.40 or 4503.42 of the	82693
Revised Code, the license plates and validation sticker shall be	82694
issued upon payment of the fees and taxes contained in this	82695
division and the additional fee prescribed by section 4503.40 or	82696
4503.42 of the Revised Code.	82697

(C) For each application for registration and registration	82698
renewal received under this section, the registrar shall collect a	82699
contribution of twenty-five dollars. The registrar shall pay this	82700
contribution into the state treasury to the credit of the license	82701
plate contribution fund created in section 4501.21 of the Revised	82702
Code.	82703

The registrar shall deposit the ten-dollar bureau	82704
administrative fee, the purpose of which is to compensate the	82705
bureau for the additional services required in issuing Kiwanis	82706
club license plates, into the state treasury to the credit of the	82707
state bureau of motor vehicles fund created in section 4501.25 of	82708
the Revised Code.	82709

Sec. 4503.62. (A) Application for the registration of an	82710
apportionable vehicle shall be made to the registrar of motor	82711
vehicles in accordance with division (J) of section 4503.10 of the	82712
Revised Code.	82713

(B) Any person applying to register a vehicle or combination	82714
vehicle that has a gross vehicle weight of twenty-six thousand	82715
pounds or less or two axles, or that is a bus used in charter	82716
party service, also may register the vehicle in accordance with	82717
division (J) of section 4503.10 of the Revised Code if the vehicle	82718
is used or intended for use in two or more international	82719
registration plan member jurisdictions.	82720

(C) No later than December 31, 2011, the registrar shall	82721
adopt rules under Chapter 119. of the Revised Code to establish a	82722
program to accept applications for vehicle registration	82723
transactions of apportionable vehicles electronically over the	82724
internet. The program also may provide for vehicle registration	82725
transactions of nonapportionable commercial motor vehicles over	82726
the internet.	82727

(D) The internet registration program shall provide an option	82728
for the payment of all registration taxes and fees by use of a	82729
financial transaction device. In providing for payment by the use	82730
of a financial transaction device, the registrar ~~may, but is not~~	82731
~~required to,~~shall comply with section 113.40 of the Revised Code.	82732
~~The registrar, with the approval of the director of public safety,~~	82733
~~may contract with a third party to accept and process payments~~	82734
~~made by use of a financial transaction device on behalf of the~~	82735
~~bureau of motor vehicles.~~ All fees associated with payment by use	82736
of a financial transaction device shall be borne by the applicants	82737
seeking the registration of apportionable or other vehicles under	82738
the program established pursuant to division (C) of this section.	82739
The bureau shall not pay any costs, and shall not retain any	82740
additional fees, associated with the use of a financial	82741
transaction device.	82742

(E) As used in this section, "financial transaction device"	82743
has the same meaning as in section 113.40 of the Revised Code.	82744

Sec. 4503.732. (A) The owner or lessee of any passenger car,	82745
noncommercial motor vehicle, recreational vehicle, or other	82746
vehicle of a class approved by the registrar of motor vehicles may	82747
apply to the registrar for the registration of the vehicle and	82748
issuance of "Truth, Justice, and the American Way" license plates.	82749
The application may be combined with a request for a special	82750
reserved license plate under section 4503.40 or 4503.42 of the	82751
Revised Code. Upon receipt of an application for registration of a	82752
motor vehicle under this section, the registrar shall issue to the	82753
applicant the appropriate motor vehicle registration and a set of	82754
"Truth, Justice, and the American Way" license plates and a	82755
validation sticker, or a validation sticker alone when required by	82756
section 4503.191 of the Revised Code.	82757

In addition to the letters and numbers ordinarily inscribed	82758
on the license plates, "Truth, Justice, and the American Way"	82759
license plates shall be inscribed with the words "Truth, Justice,	82760
and the American Way" and a design, logo, or marking selected by	82761
the entity that owns the Superman name. The registrar shall	82762
approve the final design after entering into a license agreement	82763
with that entity for appropriate use of the Superman name and	82764
associated logo or marking, as applicable. The license plates	82765
shall bear county identification stickers that identify the county	82766
of registration by name or number.	82767

(B) "Truth, Justice, and the American Way" license plates and	82768
validation stickers shall be issued upon receipt of a contribution	82769
as provided in division (C)(1) of this section and upon payment of	82770
the regular license tax as prescribed under section 4503.04 of the	82771
Revised Code, any applicable motor vehicle license tax levied	82772
under Chapter 4504. of the Revised Code, and a bureau of motor	82773
vehicles administrative fee of ten dollars. The applicant shall	82774
comply with all other applicable laws relating to the registration	82775
of motor vehicles. If the application for "Truth, Justice, and the	82776
American Way" license plates is combined with a request for a	82777
special reserved license plate under section 4503.40 or 4503.42 of	82778
the Revised Code, the license plates and validation sticker shall	82779
be issued upon payment of the fees and taxes specified in this	82780
division and the additional fee prescribed under section 4503.40	82781
or 4503.42 of the Revised Code.	82782

(C)(1) For each application for registration and registration	82783
renewal notice the registrar receives under this section, the	82784
registrar shall collect a contribution of ten dollars. The	82785
registrar shall pay this contribution into the state treasury to	82786
the credit of the license plate contribution fund created in	82787
section 4501.21 of the Revised Code.	82788

(2) The registrar shall pay into the state treasury the	82789
ten-dollar bureau administrative fee, the purpose of which is to	82790
compensate the bureau for additional services required in issuing	82791
"Truth, Justice, and the American Way" license plates, to the	82792
credit of the state bureau of motor vehicles fund created in	82793
section 4501.25 of Revised Code.	82794

Sec. 4503.95. (A) The owner or lessee of any passenger car,	82795
noncommercial motor vehicle, recreational vehicle, or other	82796
vehicle of a class approved by the registrar of motor vehicles may	82797
apply to the registrar for the registration of the vehicle and	82798
issuance of "Ohio history" license plates. The application for	82799
"Ohio history" license plates may be combined with a request for a	82800
special reserved license plate under section 4503.40 or 4503.42 of	82801
the Revised Code. Upon receipt of the completed application and	82802
compliance with division (B) of this section, the registrar shall	82803
issue to the applicant the appropriate vehicle registration and a	82804
set of "Ohio history" license plates with a validation sticker or	82805
a validation sticker alone when required by section 4503.191 of	82806
the Revised Code. In addition to the letters and numbers	82807
ordinarily inscribed thereon, "Ohio history" license plates shall	82808
be inscribed with words and markings selected and designed by the	82809
Ohio historical society and approved by the registrar. "Ohio	82810
history" license plates shall bear county identification stickers	82811
that identify the county of registration by name or number.	82812

(B) "Ohio history" license plates and validation stickers	82813
shall be issued upon payment of the regular license tax as	82814
prescribed under section 4503.04 of the Revised Code, any	82815
applicable motor vehicle tax levied under Chapter 4504. of the	82816
Revised Code, a bureau of motor vehicles administrative fee of ten	82817
dollars, the contribution specified in division (C) of this	82818
section, and compliance with all other applicable laws relating to	82819
the registration of motor vehicles. If the application for "Ohio	82820
history" license plates is combined with a request for a special	82821
reserved license plate under section 4503.40 or 4503.42 of the	82822
Revised Code, the license plates and validation sticker shall be	82823
issued upon payment of the contribution, fees, and taxes contained	82824
in this division and the additional fee prescribed under section	82825
4503.40 or 4503.42 of the Revised Code.	82826

(C) For each application for registration and registration	82827
renewal submitted under this section, the registrar shall collect	82828
a contribution of twenty dollars. The registrar shall transmit	82829
this contribution to the treasurer of state for deposit in the	82830
Ohio history license plate contribution fund created in section	82831
149.307 of the Revised Code.	82832

The registrar shall deposit the ten-dollar bureau	82833
administrative fee, the purpose of which is to compensate the	82834
bureau for additional services required in issuing "Ohio history"	82835
license plates, in the state bureau of motor vehicles fund created	82836
in section 4501.25 of the Revised Code.	82837

Sec. 4503.96. (A) The owner or lessee of any passenger car,	82838
noncommercial motor vehicle, recreational vehicle, or other	82839
vehicle of a class approved by the registrar of motor vehicles may	82840
apply to the registrar for the registration of the vehicle and	82841
issuance of Ohio coal license plates. An application made under	82842
this section may be combined with a request for a special reserved	82843
license plate under section 4503.40 or 4503.42 of the Revised	82844
Code. Upon receipt of the completed application and compliance by	82845
the applicant with divisions (B) and (C) of this section, the	82846
registrar shall issue to the applicant the appropriate vehicle	82847
registration and a set of Ohio coal license plates and a	82848
validation sticker, or a validation sticker alone when required by	82849
section 4503.191 of the Revised Code.	82850

In addition to the letters and numbers ordinarily inscribed	82851
on the license plates, Ohio coal license plates shall be inscribed	82852
with identifying words or markings that are designed by the Ohio	82853
coal association and approved by the registrar. Ohio coal license	82854
plates shall display county identification stickers that identify	82855
the county of registration by name or number.	82856

(B) Ohio coal license plates and validation stickers shall be	82857
issued upon payment of the regular license tax as prescribed under	82858
section 4503.04 of the Revised Code, any applicable motor vehicle	82859
license tax levied under Chapter 4504. of the Revised Code, and a	82860
bureau of motor vehicles administrative fee of ten dollars. The	82861
applicant shall comply with all other applicable laws relating to	82862
the registration of motor vehicles. If the application for Ohio	82863
coal license plates is combined with a request for a special	82864
reserved license plate under section 4503.40 or 4503.42 of the	82865
Revised Code, the license plates and validation sticker shall be	82866
issued upon payment of the fees and taxes specified in this	82867
division and the additional fee prescribed under section 4503.40	82868
or 4503.42 of the Revised Code.	82869

(C) The registrar shall deposit into the state treasury the	82870
ten-dollar bureau administrative fee, the purpose of which is to	82871
compensate the bureau for additional services required in issuing	82872
Ohio coal license plates, to the credit of the state bureau of	82873
motor vehicles fund created in section 4501.25 of Revised Code.	82874

Sec. 4505.02. The registrar of motor vehicles shall issue	82875
rules as the registrar determines necessary to ensure uniform and	82876
orderly operation of this chapter and to ensure that the	82877
identification of each applicant for a certificate of title is	82878
reasonably accurate. The clerks of the courts of common pleas	82879
shall conform thereto. The clerks shall provide the forms as	82880
prescribed by the registrar, except the manufacturers' or	82881
importers' certificates. The clerks shall provide, from moneys in	82882
the automated title processing fund, certificates of title and	82883
ribbons, cartridges, or other devices necessary for the operation	82884
of the certificate of title processing equipment as determined by	82885
the automated title processing board pursuant to division (C) of	82886
section 4505.09 of the Revised Code. All other automated title	82887
processing system supplies shall be provided by the clerks.	82888

If it appears that any certificate of title has been	82889
improperly issued, the registrar shall cancel the certificate.	82890
Upon the cancellation of any certificate of title, the registrar	82891
shall notify the clerk who issued it, and the clerk thereupon	82892
shall enter the cancellation upon the clerk's records. The	82893
registrar also shall notify the person to whom such certificate of	82894
title was issued, as well as any lienholders appearing thereon, of	82895
the cancellation and shall demand the surrender of the certificate	82896
of title immediately, but the cancellation shall not affect the	82897
validity of any lien noted thereon. The holder of such certificate	82898
of title immediately shall return it to the registrar. If a	82899
certificate of registration has been issued to the holder of a	82900
certificate of title so canceled the registrar immediately shall	82901
cancel it and demand the return of such certificate of	82902
registration and license plates, and the holder of such	82903
certificate of registration and license plates shall return the	82904
same to the registrar forthwith. The clerks shall keep on hand a	82905
sufficient supply of blank forms, which, except for certificate of	82906
title and memorandum certificate forms, shall be furnished and	82907
distributed without charge to registered manufacturers or dealers,	82908
or other persons residing within the county.	82909

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	82910
shall charge and retain fees as follows:	82911

(a) Five dollars for each certificate of title that is not	82912
applied for within thirty days after the later of the assignment	82913
or delivery of the motor vehicle described in it. The entire fee	82914
shall be retained by the clerk.	82915

(b) Fifteen dollars for each certificate of title or	82916
duplicate certificate of title including the issuance of a	82917
memorandum certificate of title, or authorization to print a	82918
non-negotiable evidence of ownership described in division (G) of	82919
section 4505.08 of the Revised Code, non-negotiable evidence of	82920
ownership printed by the clerk under division (H) of that section,	82921
and notation of any lien on a certificate of title that is applied	82922
for at the same time as the certificate of title. The clerk shall	82923
retain eleven dollars and fifty cents of that fee for each	82924
certificate of title when there is a notation of a lien or	82925
security interest on the certificate of title, twelve dollars and	82926
twenty-five cents when there is no lien or security interest noted	82927
on the certificate of title, and eleven dollars and fifty cents	82928
for each duplicate certificate of title.	82929

(c) Four dollars and fifty cents for each certificate of	82930
title with no security interest noted that is issued to a licensed	82931
motor vehicle dealer for resale purposes and, in addition, a	82932
separate fee of fifty cents. The clerk shall retain two dollars	82933
and twenty-five cents of that fee.	82934

(d) Five dollars for each memorandum certificate of title or	82935
non-negotiable evidence of ownership that is applied for	82936
separately. The clerk shall retain that entire fee.	82937

(2) The fees that are not retained by the clerk shall be paid	82938
to the registrar of motor vehicles by monthly returns, which shall	82939
be forwarded to the registrar not later than the fifth day of the	82940
month next succeeding that in which the certificate is issued or	82941
that in which the registrar is notified of a lien or cancellation	82942
of a lien.	82943

(B)(1) The registrar shall pay twenty-five cents of the	82944
amount received for each certificate of title issued to a motor	82945
vehicle dealer for resale, one dollar for certificates of title	82946
issued with a lien or security interest noted on the certificate	82947
of title, and twenty-five cents for each certificate of title with	82948
no lien or security interest noted on the certificate of title	82949
into the state bureau of motor vehicles fund established in	82950
section 4501.25 of the Revised Code.	82951

(2) Fifty cents of the amount received for each certificate	82952
of title shall be paid by the registrar as follows:	82953

(a) Four cents shall be paid into the state treasury to the	82954
credit of the motor vehicle dealers board fund, which is hereby	82955
created. All investment earnings of the fund shall be credited to	82956
the fund. The moneys in the motor vehicle dealers board fund shall	82957
be used by the motor vehicle dealers board created under section	82958
4517.30 of the Revised Code, together with other moneys	82959
appropriated to it, in the exercise of its powers and the	82960
performance of its duties under Chapter 4517. of the Revised Code,	82961
except that the director of budget and management may transfer	82962
excess money from the motor vehicle dealers board fund to the	82963
bureau of motor vehicles fund if the registrar determines that the	82964
amount of money in the motor vehicle dealers board fund, together	82965
with other moneys appropriated to the board, exceeds the amount	82966
required for the exercise of its powers and the performance of its	82967
duties under Chapter 4517. of the Revised Code and requests the	82968
director to make the transfer.	82969

(b) Twenty-one cents shall be paid into the highway operating	82970
fund.	82971

(c) Twenty-five cents shall be paid into the state treasury	82972
to the credit of the motor vehicle sales audit fund, which is	82973
hereby created. The moneys in the fund shall be used by the tax	82974
commissioner together with other funds available to the	82975
commissioner to conduct a continuing investigation of sales and	82976
use tax returns filed for motor vehicles in order to determine if	82977
sales and use tax liability has been satisfied. The commissioner	82978
shall refer cases of apparent violations of section 2921.13 of the	82979
Revised Code made in connection with the titling or sale of a	82980
motor vehicle and cases of any other apparent violations of the	82981
sales or use tax law to the appropriate county prosecutor whenever	82982
the commissioner considers it advisable.	82983

(3) Two dollars of the amount received by the registrar under	82984
divisions (A)(1)(a), (b), and (d) of this section and one dollar	82985
and fifty cents of the amount received by the registrar under	82986
division (A)(1)(c) of this section for each certificate of title	82987
shall be paid into the state treasury to the credit of the	82988
automated title processing fund, which is hereby created and which	82989
shall consist of moneys collected under division (B)(3) of this	82990
section and under sections 1548.10 and 4519.59 of the Revised	82991
Code. All investment earnings of the fund shall be credited to the	82992
fund. The moneys in the fund shall be used as follows:	82993

(a) Except for moneys collected under section 1548.10 of the	82994
Revised Code and as provided in division (B)(3)(c) of this	82995
section, moneys collected under division (B)(3) of this section	82996
shall be used to implement and maintain an automated title	82997
processing system for the issuance of motor vehicle, off-highway	82998
motorcycle, and all-purpose vehicle certificates of title in the	82999
offices of the clerks of the courts of common pleas.	83000

(b) Moneys collected under section 1548.10 of the Revised	83001
Code shall be used to issue marine certificates of title in the	83002
offices of the clerks of the courts of common pleas as provided in	83003
Chapter 1548. of the Revised Code.	83004

(c) Moneys collected under division (B)(3) of this section	83005
shall be used in accordance with section 4505.25 of the Revised	83006
Code to implement Sub. S.B. 59 of the 124th general assembly.	83007

(4) The registrar shall pay the fifty-cent separate fee	83008
collected from a licensed motor vehicle dealer under division	83009
(A)(1)(c) of this section into the title defect recision fund	83010
created by section 1345.52 of the Revised Code.	83011

(C)(1) The automated title processing board is hereby created	83012
consisting of the registrar or the registrar's representative, a	83013
person selected by the registrar, the president of the Ohio clerks	83014
of court association or the president's representative, and two	83015
clerks of courts of common pleas appointed by the governor. The	83016
director of budget and management or the director's designee, the	83017
chief of the division of watercraft in the department of natural	83018
resources or the chief's designee, and the tax commissioner or the	83019
commissioner's designee shall be nonvoting members of the board.	83020
The purpose of the board is to facilitate the operation and	83021
maintenance of an automated title processing system and approve	83022
the procurement of automated title processing system equipment and	83023
ribbons, cartridges, or other devices necessary for the operation	83024
of that equipment. Voting members of the board, excluding the	83025
registrar or the registrar's representative, shall serve without	83026
compensation, but shall be reimbursed for travel and other	83027
necessary expenses incurred in the conduct of their official	83028
duties. The registrar or the registrar's representative shall	83029
receive neither compensation nor reimbursement as a board member.	83030

(2) The automated title processing board shall determine each	83031
of the following:	83032

(a) The automated title processing equipment and certificates	83033
of title requirements for each county;	83034

(b) The payment of expenses that may be incurred by the	83035
counties in implementing an automated title processing system;	83036

(c) The repayment to the counties for existing title	83037
processing equipment.	83038

(3) The registrar shall purchase, lease, or otherwise acquire	83039
any automated title processing equipment and certificates of title	83040
that the board determines are necessary from moneys in the	83041
automated title processing fund established by division (B)(3) of	83042
this section.	83043

(D) All counties shall conform to the requirements of the	83044
registrar regarding the operation of their automated title	83045
processing system for motor vehicle titles, certificates of title	83046
for off-highway motorcycles and all-purpose vehicles, and	83047
certificates of title for watercraft and outboard motors.	83048

Sec. 4506.07. (A) Every application for a commercial	83049
driver's license, restricted commercial driver's license, or a	83050
commercial driver's temporary instruction permit, or a duplicate	83051
of such a license, shall be made upon a form approved and	83052
furnished by the registrar of motor vehicles. Except as provided	83053
in section 4506.24 of the Revised Code in regard to a restricted	83054
commercial driver's license, the application shall be signed by	83055
the applicant and shall contain the following information:	83056

(1) The applicant's name, date of birth, social security	83057
account number, sex, general description including height, weight,	83058
and color of hair and eyes, current residence, duration of	83059
residence in this state, country of citizenship, and occupation;	83060

(2) Whether the applicant previously has been licensed to	83061
operate a commercial motor vehicle or any other type of motor	83062
vehicle in another state or a foreign jurisdiction and, if so,	83063
when, by what state, and whether the license or driving privileges	83064
currently are suspended or revoked in any jurisdiction, or the	83065
applicant otherwise has been disqualified from operating a	83066
commercial motor vehicle, or is subject to an out-of-service order	83067
issued under this chapter or any similar law of another state or a	83068
foreign jurisdiction and, if so, the date of, locations involved,	83069
and reason for the suspension, revocation, disqualification, or	83070
out-of-service order;	83071

(3) Whether the applicant is afflicted with or suffering from	83072
any physical or mental disability or disease that prevents the	83073
applicant from exercising reasonable and ordinary control over a	83074
motor vehicle while operating it upon a highway or is or has been	83075
subject to any condition resulting in episodic impairment of	83076
consciousness or loss of muscular control and, if so, the nature	83077
and extent of the disability, disease, or condition, and the names	83078
and addresses of the physicians attending the applicant;	83079

(4) Whether the applicant has obtained a medical examiner's	83080
certificate as required by this chapter and, beginning January 30,	83081
2012, the applicant, prior to or at the time of applying, has	83082
self-certified to the registrar the applicable status of the	83083
applicant under division (A)(2) of section 4506.10 of the Revised	83084
Code;	83085

(5) Whether the applicant has pending a citation for	83086
violation of any motor vehicle law or ordinance except a parking	83087
violation and, if so, a description of the citation, the court	83088
having jurisdiction of the offense, and the date when the offense	83089
occurred;	83090

(6) ~~Whether~~If an applicant has not certified the applicant's	83091
willingness to make an anatomical gift under section 2108.05 of	83092
the Revised Code, whether the applicant wishes to certify	83093
willingness to make such an anatomical gift ~~under section 2108.05~~	83094
~~of the Revised Code~~, which shall be given no consideration in the	83095
issuance of a license;	83096

(7) On and after May 1, 1993, whether the applicant has	83097
executed a valid durable power of attorney for health care	83098
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	83099
executed a declaration governing the use or continuation, or the	83100
withholding or withdrawal, of life-sustaining treatment pursuant	83101
to sections 2133.01 to 2133.15 of the Revised Code and, if the	83102
applicant has executed either type of instrument, whether the	83103
applicant wishes the license issued to indicate that the applicant	83104
has executed the instrument;	83105

(8) On and after October 7, 2009, whether the applicant is a	83106
veteran, active duty, or reservist of the armed forces of the	83107
United States and, if the applicant is such, whether the applicant	83108
wishes the license issued to indicate that the applicant is a	83109
veteran, active duty, or reservist of the armed forces of the	83110
United States by a military designation on the license.	83111

(B) Every applicant shall certify, on a form approved and	83112
furnished by the registrar, all of the following:	83113

(1) That the motor vehicle in which the applicant intends to	83114
take the driving skills test is representative of the type of	83115
motor vehicle that the applicant expects to operate as a driver;	83116

(2) That the applicant is not subject to any disqualification	83117
or out-of-service order, or license suspension, revocation, or	83118
cancellation, under the laws of this state, of another state, or	83119
of a foreign jurisdiction and does not have more than one driver's	83120
license issued by this or another state or a foreign jurisdiction;	83121

(3) Any additional information, certification, or evidence	83122
that the registrar requires by rule in order to ensure that the	83123
issuance of a commercial driver's license to the applicant is in	83124
compliance with the law of this state and with federal law.	83125

(C) Every applicant shall execute a form, approved and	83126
furnished by the registrar, under which the applicant consents to	83127
the release by the registrar of information from the applicant's	83128
driving record.	83129

(D) The registrar or a deputy registrar, in accordance with	83130
section 3503.11 of the Revised Code, shall register as an elector	83131
any applicant for a commercial driver's license or for a renewal	83132
or duplicate of such a license under this chapter, if the	83133
applicant is eligible and wishes to be registered as an elector.	83134
The decision of an applicant whether to register as an elector	83135
shall be given no consideration in the decision of whether to	83136
issue the applicant a license or a renewal or duplicate.	83137

(E) The registrar or a deputy registrar, in accordance with	83138
section 3503.11 of the Revised Code, shall offer the opportunity	83139
of completing a notice of change of residence or change of name to	83140
any applicant for a commercial driver's license or for a renewal	83141
or duplicate of such a license who is a resident of this state, if	83142
the applicant is a registered elector who has changed the	83143
applicant's residence or name and has not filed such a notice.	83144

(F) In considering any application submitted pursuant to this	83145
section, the bureau of motor vehicles may conduct any inquiries	83146
necessary to ensure that issuance or renewal of a commercial	83147
driver's license would not violate any provision of the Revised	83148
Code or federal law.	83149

(G) In addition to any other information it contains, on and	83150
after October 7, 2009, the form approved and furnished by the	83151
registrar of motor vehicles for an application for a commercial	83152
driver's license, restricted commercial driver's license, or a	83153
commercial driver's temporary instruction permit or an application	83154
for a duplicate of such a license shall inform applicants that the	83155
applicant must present a copy of the applicant's DD-214 or an	83156
equivalent document in order to qualify to have the license or	83157
duplicate indicate that the applicant is a veteran, active duty,	83158
or reservist of the armed forces of the United States based on a	83159
request made pursuant to division (A)(8) of this section.	83160

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	83161
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	83162
and "highways" have the same meanings as in section 4501.01 of the	83163
Revised Code.	83164

"Driver's license" means a class D license issued to any	83165
person to operate a motor vehicle or motor-driven cycle, other	83166
than a commercial motor vehicle, and includes "probationary	83167
license," "restricted license," and any operator's or chauffeur's	83168
license issued before January 1, 1990.	83169

"Probationary license" means the license issued to any person	83170
between sixteen and eighteen years of age to operate a motor	83171
vehicle.	83172

"Restricted license" means the license issued to any person	83173
to operate a motor vehicle subject to conditions or restrictions	83174
imposed by the registrar of motor vehicles.	83175

"Commercial driver's license" means the license issued to a	83176
person under Chapter 4506. of the Revised Code to operate a	83177
commercial motor vehicle.	83178

"Commercial motor vehicle" has the same meaning as in section	83179
4506.01 of the Revised Code.	83180

"Motorized bicycle license" means the license issued under	83181
section 4511.521 of the Revised Code to any person to operate a	83182
motorized bicycle including a "probationary motorized bicycle	83183
license."	83184

"Probationary motorized bicycle license" means the license	83185
issued under section 4511.521 of the Revised Code to any person	83186
between fourteen and sixteen years of age to operate a motorized	83187
bicycle.	83188

"Identification card" means a card issued under sections	83189
4507.50 and 4507.51 of the Revised Code.	83190

"Resident" means a person who, in accordance with standards	83191
prescribed in rules adopted by the registrar, resides in this	83192
state on a permanent basis.	83193

"Temporary resident" means a person who, in accordance with	83194
standards prescribed in rules adopted by the registrar, resides in	83195
this state on a temporary basis.	83196

(B) In the administration of this chapter and Chapter 4506.	83197
of the Revised Code, the registrar has the same authority as is	83198
conferred on the registrar by section 4501.02 of the Revised Code.	83199
Any act of an authorized deputy registrar of motor vehicles under	83200
direction of the registrar is deemed the act of the registrar.	83201

To carry out this chapter, the registrar shall appoint such	83202
deputy registrars ~~in each county~~ as are necessary.	83203

The registrar also shall provide at each place where an	83204
application for a driver's or commercial driver's license or	83205
identification card may be made the necessary equipment to take a	83206
color photograph of the applicant for such license or card as	83207
required under section 4506.11 or 4507.06 of the Revised Code, and	83208
to conduct the vision screenings required by section 4507.12 of	83209
the Revised Code, and equipment to laminate licenses, motorized	83210
bicycle licenses, and identification cards as required by sections	83211
4507.13, 4507.52, and 4511.521 of the Revised Code.	83212

The registrar shall assign one or more deputy registrars to	83213
any driver's license examining station operated under the	83214
supervision of the director of public safety, whenever the	83215
registrar considers such assignment possible. Space shall be	83216
provided in the driver's license examining station for any such	83217
deputy registrar so assigned. The deputy registrars shall not	83218
exercise the powers conferred by such sections upon the registrar,	83219
unless they are specifically authorized to exercise such powers by	83220
such sections.	83221

(C) No agent for any insurance company, writing automobile	83222
insurance, shall be appointed deputy registrar, and any such	83223
appointment is void. No deputy registrar shall in any manner	83224
solicit any form of automobile insurance, nor in any manner	83225
advise, suggest, or influence any licensee or applicant for	83226
license for or against any kind or type of automobile insurance,	83227
insurance company, or agent, nor have the deputy registrar's	83228
office directly connected with the office of any automobile	83229
insurance agent, nor impart any information furnished by any	83230
applicant for a license or identification card to any person,	83231
except the registrar. This division shall not apply to any	83232
nonprofit corporation appointed deputy registrar.	83233

(D) The registrar shall immediately remove a deputy registrar	83234
who violates the requirements of this chapter.	83235

(E) The registrar shall periodically solicit bids and enter	83236
into a contract for the provision of laminating equipment and	83237
laminating materials to the registrar and all deputy registrars.	83238
The registrar shall not consider any bid that does not provide for	83239
the supplying of both laminating equipment and laminating	83240
materials. The laminating materials selected shall contain a	83241
security feature so that any tampering with the laminating	83242
material covering a license or identification card is readily	83243
apparent. In soliciting bids and entering into a contract for the	83244
provision of laminating equipment and laminating materials, the	83245
registrar shall observe all procedures required by law.	83246

Sec. 4507.06. (A)(1) Every application for a driver's	83247
license or motorcycle operator's license or endorsement, or	83248
duplicate of any such license or endorsement, shall be made upon	83249
the approved form furnished by the registrar of motor vehicles and	83250
shall be signed by the applicant.	83251

Every application shall state the following:

83252

(a) The applicant's name, date of birth, social security	83253
number if such has been assigned, sex, general description,	83254
including height, weight, color of hair, and eyes, residence	83255
address, including county of residence, duration of residence in	83256
this state, and country of citizenship;	83257

(b) Whether the applicant previously has been licensed as an	83258
operator, chauffeur, driver, commercial driver, or motorcycle	83259
operator and, if so, when, by what state, and whether such license	83260
is suspended or canceled at the present time and, if so, the date	83261
of and reason for the suspension or cancellation;	83262

(c) Whether the applicant is now or ever has been afflicted	83263
with epilepsy, or whether the applicant now is suffering from any	83264
physical or mental disability or disease and, if so, the nature	83265
and extent of the disability or disease, giving the names and	83266
addresses of physicians then or previously in attendance upon the	83267
applicant;	83268

(d) Whether an applicant for a duplicate driver's license, or	83269
duplicate license containing a motorcycle operator endorsement has	83270
pending a citation for violation of any motor vehicle law or	83271
ordinance, a description of any such citation pending, and the	83272
date of the citation;	83273

(e) ~~Whether~~If an applicant has not certified the applicant's	83274
willingness to make an anatomical gift under section 2108.05 of	83275
the Revised Code, whether the applicant wishes to certify	83276
willingness to make such an anatomical gift ~~under section 2108.05~~	83277
~~of the Revised Code~~, which shall be given no consideration in the	83278
issuance of a license or endorsement;	83279

(f) Whether the applicant has executed a valid durable power	83280
of attorney for health care pursuant to sections 1337.11 to	83281
1337.17 of the Revised Code or has executed a declaration	83282
governing the use or continuation, or the withholding or	83283
withdrawal, of life-sustaining treatment pursuant to sections	83284
2133.01 to 2133.15 of the Revised Code and, if the applicant has	83285
executed either type of instrument, whether the applicant wishes	83286
the applicant's license to indicate that the applicant has	83287
executed the instrument;	83288

(g) On and after October 7, 2009, whether the applicant is a	83289
veteran, active duty, or reservist of the armed forces of the	83290
United States and, if the applicant is such, whether the applicant	83291
wishes the applicant's license to indicate that the applicant is a	83292
veteran, active duty, or reservist of the armed forces of the	83293
United States by a military designation on the license.	83294

(2) Every applicant for a driver's license shall be	83295
photographed in color at the time the application for the license	83296
is made. The application shall state any additional information	83297
that the registrar requires.	83298

(B) The registrar or a deputy registrar, in accordance with	83299
section 3503.11 of the Revised Code, shall register as an elector	83300
any person who applies for a driver's license or motorcycle	83301
operator's license or endorsement under division (A) of this	83302
section, or for a renewal or duplicate of the license or	83303
endorsement, if the applicant is eligible and wishes to be	83304
registered as an elector. The decision of an applicant whether to	83305
register as an elector shall be given no consideration in the	83306
decision of whether to issue the applicant a license or	83307
endorsement, or a renewal or duplicate.	83308

(C) The registrar or a deputy registrar, in accordance with	83309
section 3503.11 of the Revised Code, shall offer the opportunity	83310
of completing a notice of change of residence or change of name to	83311
any applicant for a driver's license or endorsement under division	83312
(A) of this section, or for a renewal or duplicate of the license	83313
or endorsement, if the applicant is a registered elector who has	83314
changed the applicant's residence or name and has not filed such a	83315
notice.	83316

(D) In addition to any other information it contains, on and	83317
after October 7, 2009, the approved form furnished by the	83318
registrar of motor vehicles for an application for a driver's	83319
license or motorcycle operator's license or endorsement or an	83320
application for a duplicate of any such license or endorsement	83321
shall inform applicants that the applicant must present a copy of	83322
the applicant's DD-214 or an equivalent document in order to	83323
qualify to have the license or duplicate indicate that the	83324
applicant is a veteran, active duty, or reservist of the armed	83325
forces of the United States based on a request made pursuant to	83326
division (A)(1)(g) of this section.	83327

Sec. 4507.51. (A)(1) Every application for an identification	83328
card or duplicate shall be made on a form furnished by the	83329
registrar of motor vehicles, shall be signed by the applicant, and	83330
by the applicant's parent or guardian if the applicant is under	83331
eighteen years of age, and shall contain the following information	83332
pertaining to the applicant: name, date of birth, sex, general	83333
description including the applicant's height, weight, hair color,	83334
and eye color, address, and social security number. The	83335
application also shall ~~state~~include, for an applicant who has not	83336
already certified the applicant's willingness to make an	83337
anatomical gift under section 2108.05 of the Revised Code, whether	83338
anthe applicant wishes to certify willingness to make such an	83339
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	83340
shall include information about the requirements of sections	83341
2108.01 to 2108.29 of the Revised Code that apply to persons who	83342
are less than eighteen years of age. The statement regarding	83343
willingness to make such a donation shall be given no	83344
consideration in the decision of whether to issue an	83345
identification card. Each applicant shall be photographed in color	83346
at the time of making application.	83347

(2)(a) The application also shall state whether the applicant	83348
has executed a valid durable power of attorney for health care	83349
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	83350
executed a declaration governing the use or continuation, or the	83351
withholding or withdrawal, of life-sustaining treatment pursuant	83352
to sections 2133.01 to 2133.15 of the Revised Code and, if the	83353
applicant has executed either type of instrument, whether the	83354
applicant wishes the identification card issued to indicate that	83355
the applicant has executed the instrument.	83356

(b) On and after October 7, 2009, the application also shall	83357
state whether the applicant is a veteran, active duty, or	83358
reservist of the armed forces of the United States and, if the	83359
applicant is such, whether the applicant wishes the identification	83360
card issued to indicate that the applicant is a veteran, active	83361
duty, or reservist of the armed forces of the United States by a	83362
military designation on the identification card.	83363

(3) The registrar or deputy registrar, in accordance with	83364
section 3503.11 of the Revised Code, shall register as an elector	83365
any person who applies for an identification card or duplicate if	83366
the applicant is eligible and wishes to be registered as an	83367
elector. The decision of an applicant whether to register as an	83368
elector shall be given no consideration in the decision of whether	83369
to issue the applicant an identification card or duplicate.	83370

(B) The application for an identification card or duplicate	83371
shall be filed in the office of the registrar or deputy registrar.	83372
Each applicant shall present documentary evidence as required by	83373
the registrar of the applicant's age and identity, and the	83374
applicant shall swear that all information given is true. An	83375
identification card issued by the department of rehabilitation and	83376
correction under section 5120.59 of the Revised Code or an	83377
identification card issued by the department of youth services	83378
under section 5139.511 of the Revised Code shall be sufficient	83379
documentary evidence under this division upon verification of the	83380
applicant's social security number by the registrar or a deputy	83381
registrar. Upon issuing an identification card under this section	83382
for a person who has been issued an identification card under	83383
section 5120.59 or section 5139.511 of the Revised Code, the	83384
registrar or deputy registrar shall destroy the identification	83385
card issued under section 5120.59 or section 5139.511 of the	83386
Revised Code.	83387

All applications for an identification card or duplicate	83388
shall be filed in duplicate, and if submitted to a deputy	83389
registrar, a copy shall be forwarded to the registrar. The	83390
registrar shall prescribe rules for the manner in which a deputy	83391
registrar is to file and maintain applications and other records.	83392
The registrar shall maintain a suitable, indexed record of all	83393
applications denied and cards issued or canceled.	83394

(C) In addition to any other information it contains, on and	83395
after the date that is fifteen months after April 7, 2009, the	83396
form furnished by the registrar of motor vehicles for an	83397
application for an identification card or duplicate shall inform	83398
applicants that the applicant must present a copy of the	83399
applicant's DD-214 or an equivalent document in order to qualify	83400
to have the card or duplicate indicate that the applicant is an	83401
honorably discharged veteran of the armed forces of the United	83402
States based on a request made pursuant to division (A)(2)(b) of	83403
this section.	83404

Sec. 4510.038. (A) Any person whose driver's or commercial	83405
driver's license or permit is suspended or who is granted limited	83406
driving privileges under section 4510.037, under division (H) of	83407
section 4511.19, or under section 4510.07 of the Revised Code for	83408
a violation of a municipal ordinance that is substantially	83409
equivalent to division (B) of section 4511.19 of the Revised Code	83410
is not eligible to retain the license, or to have the driving	83411
privileges reinstated, until each of the following has occurred:	83412

(1) The person successfully completes a course of remedial	83413
driving instruction approved by the director of public safety. A	83414
minimum of twenty-five per cent of the number of hours of	83415
instruction included in the course shall be devoted to instruction	83416
on driver attitude.	83417

The course also shall devote a number of hours to instruction	83418
in the area of alcohol and drugs and the operation of vehicles.	83419
The instruction shall include, but not be limited to, a review of	83420
the laws governing the operation of a vehicle while under the	83421
influence of alcohol, drugs, or a combination of them, the dangers	83422
of operating a vehicle while under the influence of alcohol,	83423
drugs, or a combination of them, and other information relating to	83424
the operation of vehicles and the consumption of alcoholic	83425
beverages and use of drugs. The director, in consultation with the	83426
director of ~~alcohol and drug addiction services~~mental health and	83427
addiction services, shall prescribe the content of the	83428
instruction. The number of hours devoted to the area of alcohol	83429
and drugs and the operation of vehicles shall comprise a minimum	83430
of twenty-five per cent of the number of hours of instruction	83431
included in the course.	83432

(2) The person is examined in the manner provided for in	83433
section 4507.20 of the Revised Code, and found by the registrar of	83434
motor vehicles to be qualified to operate a motor vehicle;	83435

(3) The person gives and maintains proof of financial	83436
responsibility, in accordance with section 4509.45 of the Revised	83437
Code.	83438

(B)(1) Except as provided in division (B)(2) of this section,	83439
any course of remedial driving instruction the director of public	83440
safety approves under this section shall require its students to	83441
attend at least fifty per cent of the course in person and the	83442
director shall not approve any course of remedial driving	83443
instruction that permits its students to take more than fifty per	83444
cent of the course in any other manner, including via video	83445
teleconferencing or the internet.	83446

(2) The director may approve a course of remedial instruction	83447
that permits students to take the entire course via video	83448
teleconferencing or the internet.	83449

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	83450
devices that desires for its devices to be certified under section	83451
4510.43 of the Revised Code and then to be included on the list of	83452
certified devices that the department of public safety compiles	83453
and makes available to courts pursuant to that section first shall	83454
obtain a license from the department under this section. The	83455
department, in accordance with Chapter 119. of the Revised Code,	83456
shall adopt any rules that are necessary to implement this	83457
licensing requirement.	83458

(2) A manufacturer shall apply to the department for the	83459
license and shall include all information the department may	83460
require by rule. Each application, including an application for	83461
license renewal, shall be accompanied by an application fee of one	83462
hundred dollars, which the department shall deposit into the state	83463
treasury to the credit of the indigent drivers alcohol treatment	83464
fund created by section 4511.191 of the Revised Code.	83465

(3) Upon receipt of a completed application, if the	83466
department finds that a manufacturer has complied with all	83467
application requirements, the department shall issue a license to	83468
the manufacturer. A manufacturer that has been issued a license	83469
under this section is eligible immediately to have the models of	83470
ignition interlock devices it produces certified under section	83471
4510.43 of the Revised Code and then included on the list of	83472
certified devices that the department compiles and makes available	83473
to courts pursuant to that section.	83474

(4)(a) A license issued under this section shall expire	83475
annually on a date selected by the department. The department	83476
shall reject the license application of a manufacturer if any of	83477
the following apply:	83478

(i) The application is not accompanied by the application	83479
fee.	83480

(ii) The department finds that the manufacturer has not	83481
complied with all application requirements.	83482

(iii) The license application is a renewal application and	83483
the manufacturer failed to file the annual report or failed to pay	83484
the fee as required by division (B) of this section.	83485

(b) A manufacturer whose license application is rejected by	83486
the department may appeal the decision to the director of public	83487
safety. The director or the director's designee shall hold a	83488
hearing on the matter not more than thirty days from the date of	83489
the manufacturer's appeal. If the director or the director's	83490
designee upholds the denial of the manufacturer's application for	83491
a license, the manufacturer may appeal the decision to the	83492
Franklin county court of common pleas. If the director or the	83493
director's designee reverses the denial of the manufacturer's	83494
application for a license, the director or the director's designee	83495
shall issue a written order directing that the department issue a	83496
license to the manufacturer.	83497

(B) Every manufacturer of ignition interlock devices that is	83498
issued a license under this section shall file an annual report	83499
with the department on a form the department prescribes on or	83500
before a date the department prescribes. The annual report shall	83501
state the amount of net profit the manufacturer earned during a	83502
twelve-month period specified by the department that is	83503
attributable to the sales of that manufacturer's certified	83504
ignition interlock devices to purchasers in this state. Each	83505
manufacturer shall pay a fee equal to five per cent of the amount	83506
of the net profit described in this division.	83507

The department may permit annual reports to be filed via	83508
electronic means.	83509

(C) The department shall deposit all fees it receives from	83510
manufacturers under this section into the state treasury to the	83511
credit of the indigent drivers alcohol treatment fund created by	83512
section 4511.191 of the Revised Code. All money so deposited into	83513
that fund that is paid by the department of ~~alcohol and drug~~	83514
~~addiction services~~mental health and addiction services to county	83515
indigent drivers alcohol treatment funds, county juvenile indigent	83516
drivers alcohol treatment funds, and municipal indigent drivers	83517
alcohol treatment funds shall be used only as described in	83518
division (H)(3) of section 4511.191 of the Revised Code.	83519

(D)(1) The director may make an assessment, based on any	83520
information in the director's possession, against any manufacturer	83521
that fails to file an annual report or pay the fee required by	83522
division (B) of this section. The director, in accordance with	83523
Chapter 119. of the Revised Code, shall adopt rules governing	83524
assessments and assessment procedures and related provisions. In	83525
adopting these rules, the director shall incorporate the	83526
provisions of section 5751.09 of the Revised Code to the greatest	83527
extent possible, except that the director is not required to	83528
incorporate any provisions of that section that by their nature	83529
are not applicable, appropriate, or necessary to assessments made	83530
by the director under this section.	83531

(2) A manufacturer may appeal the final determination of the	83532
director regarding an assessment made by the director under this	83533
section. The director, in accordance with Chapter 119. of the	83534
Revised Code, shall adopt rules governing such appeals. In	83535
adopting these rules, the director shall incorporate the	83536
provisions of section 5717.02 of the Revised Code to the greatest	83537
extent possible, except that the director is not required to	83538
incorporate any provisions of that section that by their nature	83539
are not applicable, appropriate, or necessary to appeals of	83540
assessments made by the director under this section.	83541

(E) The director, in accordance with Chapter 119. of the	83542
Revised Code, shall adopt a penalty schedule setting forth the	83543
monetary penalties to be imposed upon a manufacturer that is	83544
issued a license under this section and fails to file an annual	83545
report or pay the fee required by division (B) of this section in	83546
a timely manner. The penalty amounts shall not exceed the maximum	83547
penalty amounts established in section 5751.06 of the Revised Code	83548
for similar or equivalent facts or circumstances.	83549

(F)(1) No manufacturer of ignition interlock devices that is	83550
required by division (B) of this section to file an annual report	83551
with the department or to pay a fee shall fail to do so as	83552
required by that division.	83553

(2) No manufacturer of ignition interlock devices that is	83554
required by division (B) of this section to file an annual report	83555
with the department shall file a report that contains incorrect or	83556
erroneous information.	83557

(G) Whoever violates division (F)(2) of this section is	83558
guilty of a misdemeanor of the first degree. The department shall	83559
remove from the list of certified devices described in division	83560
(A)(1) of this section the ignition interlock devices manufactured	83561
by a manufacturer that violates division (F)(1) or (2) of this	83562
section.	83563

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	83564
streetcar, or trackless trolley within this state, if, at the time	83565
of the operation, any of the following apply:	83566

(a) The person is under the influence of alcohol, a drug of	83567
abuse, or a combination of them.	83568

(b) The person has a concentration of eight-hundredths of one	83569
per cent or more but less than seventeen-hundredths of one per	83570
cent by weight per unit volume of alcohol in the person's whole	83571
blood.	83572

(c) The person has a concentration of ninety-six-thousandths	83573
of one per cent or more but less than two hundred four-thousandths	83574
of one per cent by weight per unit volume of alcohol in the	83575
person's blood serum or plasma.	83576

(d) The person has a concentration of eight-hundredths of one	83577
gram or more but less than seventeen-hundredths of one gram by	83578
weight of alcohol per two hundred ten liters of the person's	83579
breath.	83580

(e) The person has a concentration of eleven-hundredths of	83581
one gram or more but less than two hundred	83582
thirty-eight-thousandths of one gram by weight of alcohol per one	83583
hundred milliliters of the person's urine.	83584

(f) The person has a concentration of seventeen-hundredths of	83585
one per cent or more by weight per unit volume of alcohol in the	83586
person's whole blood.	83587

(g) The person has a concentration of two hundred	83588
four-thousandths of one per cent or more by weight per unit volume	83589
of alcohol in the person's blood serum or plasma.	83590

(h) The person has a concentration of seventeen-hundredths of	83591
one gram or more by weight of alcohol per two hundred ten liters	83592
of the person's breath.	83593

(i) The person has a concentration of two hundred	83594
thirty-eight-thousandths of one gram or more by weight of alcohol	83595
per one hundred milliliters of the person's urine.	83596

(j) Except as provided in division (K) of this section, the	83597
person has a concentration of any of the following controlled	83598
substances or metabolites of a controlled substance in the	83599
person's whole blood, blood serum or plasma, or urine that equals	83600
or exceeds any of the following:	83601

(i) The person has a concentration of amphetamine in the	83602
person's urine of at least five hundred nanograms of amphetamine	83603
per milliliter of the person's urine or has a concentration of	83604
amphetamine in the person's whole blood or blood serum or plasma	83605
of at least one hundred nanograms of amphetamine per milliliter of	83606
the person's whole blood or blood serum or plasma.	83607

(ii) The person has a concentration of cocaine in the	83608
person's urine of at least one hundred fifty nanograms of cocaine	83609
per milliliter of the person's urine or has a concentration of	83610
cocaine in the person's whole blood or blood serum or plasma of at	83611
least fifty nanograms of cocaine per milliliter of the person's	83612
whole blood or blood serum or plasma.	83613

(iii) The person has a concentration of cocaine metabolite in	83614
the person's urine of at least one hundred fifty nanograms of	83615
cocaine metabolite per milliliter of the person's urine or has a	83616
concentration of cocaine metabolite in the person's whole blood or	83617
blood serum or plasma of at least fifty nanograms of cocaine	83618
metabolite per milliliter of the person's whole blood or blood	83619
serum or plasma.	83620

(iv) The person has a concentration of heroin in the person's	83621
urine of at least two thousand nanograms of heroin per milliliter	83622
of the person's urine or has a concentration of heroin in the	83623
person's whole blood or blood serum or plasma of at least fifty	83624
nanograms of heroin per milliliter of the person's whole blood or	83625
blood serum or plasma.	83626

(v) The person has a concentration of heroin metabolite	83627
(6-monoacetyl morphine) in the person's urine of at least ten	83628
nanograms of heroin metabolite (6-monoacetyl morphine) per	83629
milliliter of the person's urine or has a concentration of heroin	83630
metabolite (6-monoacetyl morphine) in the person's whole blood or	83631
blood serum or plasma of at least ten nanograms of heroin	83632
metabolite (6-monoacetyl morphine) per milliliter of the person's	83633
whole blood or blood serum or plasma.	83634

(vi) The person has a concentration of L.S.D. in the person's	83635
urine of at least twenty-five nanograms of L.S.D. per milliliter	83636
of the person's urine or a concentration of L.S.D. in the person's	83637
whole blood or blood serum or plasma of at least ten nanograms of	83638
L.S.D. per milliliter of the person's whole blood or blood serum	83639
or plasma.	83640

(vii) The person has a concentration of marihuana in the	83641
person's urine of at least ten nanograms of marihuana per	83642
milliliter of the person's urine or has a concentration of	83643
marihuana in the person's whole blood or blood serum or plasma of	83644
at least two nanograms of marihuana per milliliter of the person's	83645
whole blood or blood serum or plasma.	83646

(viii) Either of the following applies:

83647

(I) The person is under the influence of alcohol, a drug of	83648
abuse, or a combination of them, and, as measured by gas	83649
chromatography mass spectrometry, the person has a concentration	83650
of marihuana metabolite in the person's urine of at least fifteen	83651
nanograms of marihuana metabolite per milliliter of the person's	83652
urine or has a concentration of marihuana metabolite in the	83653
person's whole blood or blood serum or plasma of at least five	83654
nanograms of marihuana metabolite per milliliter of the person's	83655
whole blood or blood serum or plasma.	83656

(II) As measured by gas chromatography mass spectrometry, the	83657
person has a concentration of marihuana metabolite in the person's	83658
urine of at least thirty-five nanograms of marihuana metabolite	83659
per milliliter of the person's urine or has a concentration of	83660
marihuana metabolite in the person's whole blood or blood serum or	83661
plasma of at least fifty nanograms of marihuana metabolite per	83662
milliliter of the person's whole blood or blood serum or plasma.	83663

(ix) The person has a concentration of methamphetamine in the	83664
person's urine of at least five hundred nanograms of	83665
methamphetamine per milliliter of the person's urine or has a	83666
concentration of methamphetamine in the person's whole blood or	83667
blood serum or plasma of at least one hundred nanograms of	83668
methamphetamine per milliliter of the person's whole blood or	83669
blood serum or plasma.	83670

(x) The person has a concentration of phencyclidine in the	83671
person's urine of at least twenty-five nanograms of phencyclidine	83672
per milliliter of the person's urine or has a concentration of	83673
phencyclidine in the person's whole blood or blood serum or plasma	83674
of at least ten nanograms of phencyclidine per milliliter of the	83675
person's whole blood or blood serum or plasma.	83676

(xi) The state board of pharmacy has adopted a rule pursuant	83677
to section 4729.041 of the Revised Code that specifies the amount	83678
of salvia divinorum and the amount of salvinorin A that constitute	83679
concentrations of salvia divinorum and salvinorin A in a person's	83680
urine, in a person's whole blood, or in a person's blood serum or	83681
plasma at or above which the person is impaired for purposes of	83682
operating any vehicle, streetcar, or trackless trolley within this	83683
state, the rule is in effect, and the person has a concentration	83684
of salvia divinorum or salvinorin A of at least that amount so	83685
specified by rule in the person's urine, in the person's whole	83686
blood, or in the person's blood serum or plasma.	83687

(2) No person who, within twenty years of the conduct	83688
described in division (A)(2)(a) of this section, previously has	83689
been convicted of or pleaded guilty to a violation of this	83690
division, a violation of division (A)(1) or (B) of this section,	83691
or any other equivalent offense shall do both of the following:	83692

(a) Operate any vehicle, streetcar, or trackless trolley	83693
within this state while under the influence of alcohol, a drug of	83694
abuse, or a combination of them;	83695

(b) Subsequent to being arrested for operating the vehicle,	83696
streetcar, or trackless trolley as described in division (A)(2)(a)	83697
of this section, being asked by a law enforcement officer to	83698
submit to a chemical test or tests under section 4511.191 of the	83699
Revised Code, and being advised by the officer in accordance with	83700
section 4511.192 of the Revised Code of the consequences of the	83701
person's refusal or submission to the test or tests, refuse to	83702
submit to the test or tests.	83703

(B) No person under twenty-one years of age shall operate any	83704
vehicle, streetcar, or trackless trolley within this state, if, at	83705
the time of the operation, any of the following apply:	83706

(1) The person has a concentration of at least two-hundredths	83707
of one per cent but less than eight-hundredths of one per cent by	83708
weight per unit volume of alcohol in the person's whole blood.	83709

(2) The person has a concentration of at least	83710
three-hundredths of one per cent but less than	83711
ninety-six-thousandths of one per cent by weight per unit volume	83712
of alcohol in the person's blood serum or plasma.	83713

(3) The person has a concentration of at least two-hundredths	83714
of one gram but less than eight-hundredths of one gram by weight	83715
of alcohol per two hundred ten liters of the person's breath.	83716

(4) The person has a concentration of at least twenty-eight	83717
one-thousandths of one gram but less than eleven-hundredths of one	83718
gram by weight of alcohol per one hundred milliliters of the	83719
person's urine.	83720

(C) In any proceeding arising out of one incident, a person	83721
may be charged with a violation of division (A)(1)(a) or (A)(2)	83722
and a violation of division (B)(1), (2), or (3) of this section,	83723
but the person may not be convicted of more than one violation of	83724
these divisions.	83725

(D)(1)(a) In any criminal prosecution or juvenile court	83726
proceeding for a violation of division (A)(1)(a) of this section	83727
or for an equivalent offense that is vehicle-related, the result	83728
of any test of any blood or urine withdrawn and analyzed at any	83729
health care provider, as defined in section 2317.02 of the Revised	83730
Code, may be admitted with expert testimony to be considered with	83731
any other relevant and competent evidence in determining the guilt	83732
or innocence of the defendant.	83733

(b) In any criminal prosecution or juvenile court proceeding	83734
for a violation of division (A) or (B) of this section or for an	83735
equivalent offense that is vehicle-related, the court may admit	83736
evidence on the concentration of alcohol, drugs of abuse,	83737
controlled substances, metabolites of a controlled substance, or a	83738
combination of them in the defendant's whole blood, blood serum or	83739
plasma, breath, urine, or other bodily substance at the time of	83740
the alleged violation as shown by chemical analysis of the	83741
substance withdrawn within three hours of the time of the alleged	83742
violation. The three-hour time limit specified in this division	83743
regarding the admission of evidence does not extend or affect the	83744
two-hour time limit specified in division (A) of section 4511.192	83745
of the Revised Code as the maximum period of time during which a	83746
person may consent to a chemical test or tests as described in	83747
that section. The court may admit evidence on the concentration of	83748
alcohol, drugs of abuse, or a combination of them as described in	83749
this division when a person submits to a blood, breath, urine, or	83750
other bodily substance test at the request of a law enforcement	83751
officer under section 4511.191 of the Revised Code or a blood or	83752
urine sample is obtained pursuant to a search warrant. Only a	83753
physician, a registered nurse, an emergency medical	83754
technician-intermediate, an emergency medical	83755
technician-paramedic, or a qualified technician, chemist, or	83756
phlebotomist shall withdraw a blood sample for the purpose of	83757
determining the alcohol, drug, controlled substance, metabolite of	83758
a controlled substance, or combination content of the whole blood,	83759
blood serum, or blood plasma. This limitation does not apply to	83760
the taking of breath or urine specimens. A person authorized to	83761
withdraw blood under this division may refuse to withdraw blood	83762
under this division, if in that person's opinion, the physical	83763
welfare of the person would be endangered by the withdrawing of	83764
blood.	83765

The bodily substance withdrawn under division (D)(1)(b) of	83766
this section shall be analyzed in accordance with methods approved	83767
by the director of health by an individual possessing a valid	83768
permit issued by the director pursuant to section 3701.143 of the	83769
Revised Code.	83770

(c) As used in division (D)(1)(b) of this section, "emergency	83771
medical technician-intermediate" and "emergency medical	83772
technician-paramedic" have the same meanings as in section 4765.01	83773
of the Revised Code.	83774

(2) In a criminal prosecution or juvenile court proceeding	83775
for a violation of division (A) of this section or for an	83776
equivalent offense that is vehicle-related, if there was at the	83777
time the bodily substance was withdrawn a concentration of less	83778
than the applicable concentration of alcohol specified in	83779
divisions (A)(1)(b), (c), (d), and (e) of this section or less	83780
than the applicable concentration of a listed controlled substance	83781
or a listed metabolite of a controlled substance specified for a	83782
violation of division (A)(1)(j) of this section, that fact may be	83783
considered with other competent evidence in determining the guilt	83784
or innocence of the defendant. This division does not limit or	83785
affect a criminal prosecution or juvenile court proceeding for a	83786
violation of division (B) of this section or for an equivalent	83787
offense that is substantially equivalent to that division.	83788

(3) Upon the request of the person who was tested, the	83789
results of the chemical test shall be made available to the person	83790
or the person's attorney, immediately upon the completion of the	83791
chemical test analysis.	83792

If the chemical test was obtained pursuant to division	83793
(D)(1)(b) of this section, the person tested may have a physician,	83794
a registered nurse, or a qualified technician, chemist, or	83795
phlebotomist of the person's own choosing administer a chemical	83796
test or tests, at the person's expense, in addition to any	83797
administered at the request of a law enforcement officer. If the	83798
person was under arrest as described in division (A)(5) of section	83799
4511.191 of the Revised Code, the arresting officer shall advise	83800
the person at the time of the arrest that the person may have an	83801
independent chemical test taken at the person's own expense. If	83802
the person was under arrest other than described in division	83803
(A)(5) of section 4511.191 of the Revised Code, the form to be	83804
read to the person to be tested, as required under section	83805
4511.192 of the Revised Code, shall state that the person may have	83806
an independent test performed at the person's expense. The failure	83807
or inability to obtain an additional chemical test by a person	83808
shall not preclude the admission of evidence relating to the	83809
chemical test or tests taken at the request of a law enforcement	83810
officer.	83811

(4)(a) As used in divisions (D)(4)(b) and (c) of this	83812
section, "national highway traffic safety administration" means	83813
the national highway traffic safety administration established as	83814
an administration of the United States department of	83815
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	83816

(b) In any criminal prosecution or juvenile court proceeding	83817
for a violation of division (A) or (B) of this section, of a	83818
municipal ordinance relating to operating a vehicle while under	83819
the influence of alcohol, a drug of abuse, or alcohol and a drug	83820
of abuse, or of a municipal ordinance relating to operating a	83821
vehicle with a prohibited concentration of alcohol, a controlled	83822
substance, or a metabolite of a controlled substance in the whole	83823
blood, blood serum or plasma, breath, or urine, if a law	83824
enforcement officer has administered a field sobriety test to the	83825
operator of the vehicle involved in the violation and if it is	83826
shown by clear and convincing evidence that the officer	83827
administered the test in substantial compliance with the testing	83828
standards for any reliable, credible, and generally accepted field	83829
sobriety tests that were in effect at the time the tests were	83830
administered, including, but not limited to, any testing standards	83831
then in effect that were set by the national highway traffic	83832
safety administration, all of the following apply:	83833

(i) The officer may testify concerning the results of the	83834
field sobriety test so administered.	83835

(ii) The prosecution may introduce the results of the field	83836
sobriety test so administered as evidence in any proceedings in	83837
the criminal prosecution or juvenile court proceeding.	83838

(iii) If testimony is presented or evidence is introduced	83839
under division (D)(4)(b)(i) or (ii) of this section and if the	83840
testimony or evidence is admissible under the Rules of Evidence,	83841
the court shall admit the testimony or evidence and the trier of	83842
fact shall give it whatever weight the trier of fact considers to	83843
be appropriate.	83844

(c) Division (D)(4)(b) of this section does not limit or	83845
preclude a court, in its determination of whether the arrest of a	83846
person was supported by probable cause or its determination of any	83847
other matter in a criminal prosecution or juvenile court	83848
proceeding of a type described in that division, from considering	83849
evidence or testimony that is not otherwise disallowed by division	83850
(D)(4)(b) of this section.	83851

(E)(1) Subject to division (E)(3) of this section, in any	83852
criminal prosecution or juvenile court proceeding for a violation	83853
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	83854
or (B)(1), (2), (3), or (4) of this section or for an equivalent	83855
offense that is substantially equivalent to any of those	83856
divisions, a laboratory report from any laboratory personnel	83857
issued a permit by the department of health authorizing an	83858
analysis as described in this division that contains an analysis	83859
of the whole blood, blood serum or plasma, breath, urine, or other	83860
bodily substance tested and that contains all of the information	83861
specified in this division shall be admitted as prima-facie	83862
evidence of the information and statements that the report	83863
contains. The laboratory report shall contain all of the	83864
following:	83865

(a) The signature, under oath, of any person who performed	83866
the analysis;	83867

(b) Any findings as to the identity and quantity of alcohol,	83868
a drug of abuse, a controlled substance, a metabolite of a	83869
controlled substance, or a combination of them that was found;	83870

(c) A copy of a notarized statement by the laboratory	83871
director or a designee of the director that contains the name of	83872
each certified analyst or test performer involved with the report,	83873
the analyst's or test performer's employment relationship with the	83874
laboratory that issued the report, and a notation that performing	83875
an analysis of the type involved is part of the analyst's or test	83876
performer's regular duties;	83877

(d) An outline of the analyst's or test performer's	83878
education, training, and experience in performing the type of	83879
analysis involved and a certification that the laboratory	83880
satisfies appropriate quality control standards in general and, in	83881
this particular analysis, under rules of the department of health.	83882

(2) Notwithstanding any other provision of law regarding the	83883
admission of evidence, a report of the type described in division	83884
(E)(1) of this section is not admissible against the defendant to	83885
whom it pertains in any proceeding, other than a preliminary	83886
hearing or a grand jury proceeding, unless the prosecutor has	83887
served a copy of the report on the defendant's attorney or, if the	83888
defendant has no attorney, on the defendant.	83889

(3) A report of the type described in division (E)(1) of this	83890
section shall not be prima-facie evidence of the contents,	83891
identity, or amount of any substance if, within seven days after	83892
the defendant to whom the report pertains or the defendant's	83893
attorney receives a copy of the report, the defendant or the	83894
defendant's attorney demands the testimony of the person who	83895
signed the report. The judge in the case may extend the seven-day	83896
time limit in the interest of justice.	83897

(F) Except as otherwise provided in this division, any	83898
physician, registered nurse, emergency medical	83899
technician-intermediate, emergency medical technician-paramedic,	83900
or qualified technician, chemist, or phlebotomist who withdraws	83901
blood from a person pursuant to this section or section 4511.191	83902
or 4511.192 of the Revised Code, and any hospital, first-aid	83903
station, or clinic at which blood is withdrawn from a person	83904
pursuant to this section or section 4511.191 or 4511.192 of the	83905
Revised Code, is immune from criminal liability and civil	83906
liability based upon a claim of assault and battery or any other	83907
claim that is not a claim of malpractice, for any act performed in	83908
withdrawing blood from the person. The immunity provided in this	83909
division also extends to an emergency medical service organization	83910
that employs an emergency medical technician-intermediate or	83911
emergency medical technician-paramedic who withdraws blood under	83912
this section. The immunity provided in this division is not	83913
available to a person who withdraws blood if the person engages in	83914
willful or wanton misconduct.	83915

As used in this division, "emergency medical	83916
technician-intermediate" and "emergency medical	83917
technician-paramedic" have the same meanings as in section 4765.01	83918
of the Revised Code.	83919

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	83920
to (i) or (A)(2) of this section is guilty of operating a vehicle	83921
under the influence of alcohol, a drug of abuse, or a combination	83922
of them. Whoever violates division (A)(1)(j) of this section is	83923
guilty of operating a vehicle while under the influence of a	83924
listed controlled substance or a listed metabolite of a controlled	83925
substance. The court shall sentence the offender for either	83926
offense under Chapter 2929. of the Revised Code, except as	83927
otherwise authorized or required by divisions (G)(1)(a) to (e) of	83928
this section:	83929

(a) Except as otherwise provided in division (G)(1)(b), (c),	83930
(d), or (e) of this section, the offender is guilty of a	83931
misdemeanor of the first degree, and the court shall sentence the	83932
offender to all of the following:	83933

(i) If the sentence is being imposed for a violation of	83934
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	83935
mandatory jail term of three consecutive days. As used in this	83936
division, three consecutive days means seventy-two consecutive	83937
hours. The court may sentence an offender to both an intervention	83938
program and a jail term. The court may impose a jail term in	83939
addition to the three-day mandatory jail term or intervention	83940
program. However, in no case shall the cumulative jail term	83941
imposed for the offense exceed six months.	83942

The court may suspend the execution of the three-day jail	83943
term under this division if the court, in lieu of that suspended	83944
term, places the offender under a community control sanction	83945
pursuant to section 2929.25 of the Revised Code and requires the	83946
offender to attend, for three consecutive days, a drivers'	83947
intervention program certified under section ~~3793.10~~5119.38 of	83948
the Revised Code. The court also may suspend the execution of any	83949
part of the three-day jail term under this division if it places	83950
the offender under a community control sanction pursuant to	83951
section 2929.25 of the Revised Code for part of the three days,	83952
requires the offender to attend for the suspended part of the term	83953
a drivers' intervention program so certified, and sentences the	83954
offender to a jail term equal to the remainder of the three	83955
consecutive days that the offender does not spend attending the	83956
program. The court may require the offender, as a condition of	83957
community control and in addition to the required attendance at a	83958
drivers' intervention program, to attend and satisfactorily	83959
complete any treatment or education programs that comply with the	83960
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	83961
Revised Code by the director of ~~alcohol and drug addiction~~	83962
~~services~~mental health and addiction services that the operators	83963
of the drivers' intervention program determine that the offender	83964
should attend and to report periodically to the court on the	83965
offender's progress in the programs. The court also may impose on	83966
the offender any other conditions of community control that it	83967
considers necessary.	83968

(ii) If the sentence is being imposed for a violation of	83969
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	83970
section, except as otherwise provided in this division, a	83971
mandatory jail term of at least three consecutive days and a	83972
requirement that the offender attend, for three consecutive days,	83973
a drivers' intervention program that is certified pursuant to	83974
section ~~3793.10~~5119.38 of the Revised Code. As used in this	83975
division, three consecutive days means seventy-two consecutive	83976
hours. If the court determines that the offender is not conducive	83977
to treatment in a drivers' intervention program, if the offender	83978
refuses to attend a drivers' intervention program, or if the jail	83979
at which the offender is to serve the jail term imposed can	83980
provide a driver's intervention program, the court shall sentence	83981
the offender to a mandatory jail term of at least six consecutive	83982
days.	83983

The court may require the offender, under a community control	83984
sanction imposed under section 2929.25 of the Revised Code, to	83985
attend and satisfactorily complete any treatment or education	83986
programs that comply with the minimum standards adopted pursuant	83987
to Chapter ~~3793.~~5119. of the Revised Code by the director of	83988
~~alcohol and drug addiction services~~mental health and addiction	83989
services, in addition to the required attendance at drivers'	83990
intervention program, that the operators of the drivers'	83991
intervention program determine that the offender should attend and	83992
to report periodically to the court on the offender's progress in	83993
the programs. The court also may impose any other conditions of	83994
community control on the offender that it considers necessary.	83995

(iii) In all cases, a fine of not less than three hundred	83996
seventy-five and not more than one thousand seventy-five dollars;	83997

(iv) In all cases, a class five license suspension of the	83998
offender's driver's or commercial driver's license or permit or	83999
nonresident operating privilege from the range specified in	84000
division (A)(5) of section 4510.02 of the Revised Code. The court	84001
may grant limited driving privileges relative to the suspension	84002
under sections 4510.021 and 4510.13 of the Revised Code.	84003

(b) Except as otherwise provided in division (G)(1)(e) of	84004
this section, an offender who, within six years of the offense,	84005
previously has been convicted of or pleaded guilty to one	84006
violation of division (A) or (B) of this section or one other	84007
equivalent offense is guilty of a misdemeanor of the first degree.	84008
The court shall sentence the offender to all of the following:	84009

(i) If the sentence is being imposed for a violation of	84010
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	84011
mandatory jail term of ten consecutive days. The court shall	84012
impose the ten-day mandatory jail term under this division unless,	84013
subject to division (G)(3) of this section, it instead imposes a	84014
sentence under that division consisting of both a jail term and a	84015
term of house arrest with electronic monitoring, with continuous	84016
alcohol monitoring, or with both electronic monitoring and	84017
continuous alcohol monitoring. The court may impose a jail term in	84018
addition to the ten-day mandatory jail term. The cumulative jail	84019
term imposed for the offense shall not exceed six months.	84020

In addition to the jail term or the term of house arrest with	84021
electronic monitoring or continuous alcohol monitoring or both	84022
types of monitoring and jail term, the court shall require the	84023
offender to be assessed by ~~an alcohol and drug treatment program~~a	84024
community addiction services provider that is authorized by	84025
section ~~3793.02~~5119.21 of the Revised Code, subject to division	84026
(I) of this section, and shall order the offender to follow the	84027
treatment recommendations of the ~~program~~services provider. The	84028
purpose of the assessment is to determine the degree of the	84029
offender's alcohol usage and to determine whether or not treatment	84030
is warranted. Upon the request of the court, the ~~program~~services	84031
provider shall submit the results of the assessment to the court,	84032
including all treatment recommendations and clinical diagnoses	84033
related to alcohol use.	84034

(ii) If the sentence is being imposed for a violation of	84035
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	84036
section, except as otherwise provided in this division, a	84037
mandatory jail term of twenty consecutive days. The court shall	84038
impose the twenty-day mandatory jail term under this division	84039
unless, subject to division (G)(3) of this section, it instead	84040
imposes a sentence under that division consisting of both a jail	84041
term and a term of house arrest with electronic monitoring, with	84042
continuous alcohol monitoring, or with both electronic monitoring	84043
and continuous alcohol monitoring. The court may impose a jail	84044
term in addition to the twenty-day mandatory jail term. The	84045
cumulative jail term imposed for the offense shall not exceed six	84046
months.	84047

In addition to the jail term or the term of house arrest with	84048
electronic monitoring or continuous alcohol monitoring or both	84049
types of monitoring and jail term, the court shall require the	84050
offender to be assessed by ~~an alcohol and drug treatment program~~a	84051
community addiction service provider that is authorized by section	84052
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	84053
this section, and shall order the offender to follow the treatment	84054
recommendations of the ~~program~~services provider. The purpose of	84055
the assessment is to determine the degree of the offender's	84056
alcohol usage and to determine whether or not treatment is	84057
warranted. Upon the request of the court, the ~~program~~services	84058
provider shall submit the results of the assessment to the court,	84059
including all treatment recommendations and clinical diagnoses	84060
related to alcohol use.	84061

(iii) In all cases, notwithstanding the fines set forth in	84062
Chapter 2929. of the Revised Code, a fine of not less than five	84063
hundred twenty-five and not more than one thousand six hundred	84064
twenty-five dollars;	84065

(iv) In all cases, a class four license suspension of the	84066
offender's driver's license, commercial driver's license,	84067
temporary instruction permit, probationary license, or nonresident	84068
operating privilege from the range specified in division (A)(4) of	84069
section 4510.02 of the Revised Code. The court may grant limited	84070
driving privileges relative to the suspension under sections	84071
4510.021 and 4510.13 of the Revised Code.	84072

(v) In all cases, if the vehicle is registered in the	84073
offender's name, immobilization of the vehicle involved in the	84074
offense for ninety days in accordance with section 4503.233 of the	84075
Revised Code and impoundment of the license plates of that vehicle	84076
for ninety days.	84077

(c) Except as otherwise provided in division (G)(1)(e) of	84078
this section, an offender who, within six years of the offense,	84079
previously has been convicted of or pleaded guilty to two	84080
violations of division (A) or (B) of this section or other	84081
equivalent offenses is guilty of a misdemeanor. The court shall	84082
sentence the offender to all of the following:	84083

(i) If the sentence is being imposed for a violation of	84084
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	84085
mandatory jail term of thirty consecutive days. The court shall	84086
impose the thirty-day mandatory jail term under this division	84087
unless, subject to division (G)(3) of this section, it instead	84088
imposes a sentence under that division consisting of both a jail	84089
term and a term of house arrest with electronic monitoring, with	84090
continuous alcohol monitoring, or with both electronic monitoring	84091
and continuous alcohol monitoring. The court may impose a jail	84092
term in addition to the thirty-day mandatory jail term.	84093
Notwithstanding the jail terms set forth in sections 2929.21 to	84094
2929.28 of the Revised Code, the additional jail term shall not	84095
exceed one year, and the cumulative jail term imposed for the	84096
offense shall not exceed one year.	84097

(ii) If the sentence is being imposed for a violation of	84098
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	84099
section, a mandatory jail term of sixty consecutive days. The	84100
court shall impose the sixty-day mandatory jail term under this	84101
division unless, subject to division (G)(3) of this section, it	84102
instead imposes a sentence under that division consisting of both	84103
a jail term and a term of house arrest with electronic monitoring,	84104
with continuous alcohol monitoring, or with both electronic	84105
monitoring and continuous alcohol monitoring. The court may impose	84106
a jail term in addition to the sixty-day mandatory jail term.	84107
Notwithstanding the jail terms set forth in sections 2929.21 to	84108
2929.28 of the Revised Code, the additional jail term shall not	84109
exceed one year, and the cumulative jail term imposed for the	84110
offense shall not exceed one year.	84111

(iii) In all cases, notwithstanding the fines set forth in	84112
Chapter 2929. of the Revised Code, a fine of not less than eight	84113
hundred fifty and not more than two thousand seven hundred fifty	84114
dollars;	84115

(iv) In all cases, a class three license suspension of the	84116
offender's driver's license, commercial driver's license,	84117
temporary instruction permit, probationary license, or nonresident	84118
operating privilege from the range specified in division (A)(3) of	84119
section 4510.02 of the Revised Code. The court may grant limited	84120
driving privileges relative to the suspension under sections	84121
4510.021 and 4510.13 of the Revised Code.	84122

(v) In all cases, if the vehicle is registered in the	84123
offender's name, criminal forfeiture of the vehicle involved in	84124
the offense in accordance with section 4503.234 of the Revised	84125
Code. Division (G)(6) of this section applies regarding any	84126
vehicle that is subject to an order of criminal forfeiture under	84127
this division.	84128

(vi) In all cases, the court shall order the offender to	84129
participate ~~in an alcohol and drug~~with a community addiction	84130
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	84131
the Revised Code, subject to division (I) of this section, and	84132
shall order the offender to follow the treatment recommendations	84133
of the ~~program~~services provider. The operator of the ~~program~~	84134
services provider shall determine and assess the degree of the	84135
offender's alcohol dependency and shall make recommendations for	84136
treatment. Upon the request of the court, the ~~program~~services	84137
provider shall submit the results of the assessment to the court,	84138
including all treatment recommendations and clinical diagnoses	84139
related to alcohol use.	84140

(d) Except as otherwise provided in division (G)(1)(e) of	84141
this section, an offender who, within six years of the offense,	84142
previously has been convicted of or pleaded guilty to three or	84143
four violations of division (A) or (B) of this section or other	84144
equivalent offenses or an offender who, within twenty years of the	84145
offense, previously has been convicted of or pleaded guilty to	84146
five or more violations of that nature is guilty of a felony of	84147
the fourth degree. The court shall sentence the offender to all of	84148
the following:	84149

(i) If the sentence is being imposed for a violation of	84150
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	84151
mandatory prison term of one, two, three, four, or five years as	84152
required by and in accordance with division (G)(2) of section	84153
2929.13 of the Revised Code if the offender also is convicted of	84154
or also pleads guilty to a specification of the type described in	84155
section 2941.1413 of the Revised Code or, in the discretion of the	84156
court, either a mandatory term of local incarceration of sixty	84157
consecutive days in accordance with division (G)(1) of section	84158
2929.13 of the Revised Code or a mandatory prison term of sixty	84159
consecutive days in accordance with division (G)(2) of that	84160
section if the offender is not convicted of and does not plead	84161
guilty to a specification of that type. If the court imposes a	84162
mandatory term of local incarceration, it may impose a jail term	84163
in addition to the sixty-day mandatory term, the cumulative total	84164
of the mandatory term and the jail term for the offense shall not	84165
exceed one year, and, except as provided in division (A)(1) of	84166
section 2929.13 of the Revised Code, no prison term is authorized	84167
for the offense. If the court imposes a mandatory prison term,	84168
notwithstanding division (A)(4) of section 2929.14 of the Revised	84169
Code, it also may sentence the offender to a definite prison term	84170
that shall be not less than six months and not more than thirty	84171
months and the prison terms shall be imposed as described in	84172
division (G)(2) of section 2929.13 of the Revised Code. If the	84173
court imposes a mandatory prison term or mandatory prison term and	84174
additional prison term, in addition to the term or terms so	84175
imposed, the court also may sentence the offender to a community	84176
control sanction for the offense, but the offender shall serve all	84177
of the prison terms so imposed prior to serving the community	84178
control sanction.	84179

(ii) If the sentence is being imposed for a violation of	84180
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	84181
section, a mandatory prison term of one, two, three, four, or five	84182
years as required by and in accordance with division (G)(2) of	84183
section 2929.13 of the Revised Code if the offender also is	84184
convicted of or also pleads guilty to a specification of the type	84185
described in section 2941.1413 of the Revised Code or, in the	84186
discretion of the court, either a mandatory term of local	84187
incarceration of one hundred twenty consecutive days in accordance	84188
with division (G)(1) of section 2929.13 of the Revised Code or a	84189
mandatory prison term of one hundred twenty consecutive days in	84190
accordance with division (G)(2) of that section if the offender is	84191
not convicted of and does not plead guilty to a specification of	84192
that type. If the court imposes a mandatory term of local	84193
incarceration, it may impose a jail term in addition to the one	84194
hundred twenty-day mandatory term, the cumulative total of the	84195
mandatory term and the jail term for the offense shall not exceed	84196
one year, and, except as provided in division (A)(1) of section	84197
2929.13 of the Revised Code, no prison term is authorized for the	84198
offense. If the court imposes a mandatory prison term,	84199
notwithstanding division (A)(4) of section 2929.14 of the Revised	84200
Code, it also may sentence the offender to a definite prison term	84201
that shall be not less than six months and not more than thirty	84202
months and the prison terms shall be imposed as described in	84203
division (G)(2) of section 2929.13 of the Revised Code. If the	84204
court imposes a mandatory prison term or mandatory prison term and	84205
additional prison term, in addition to the term or terms so	84206
imposed, the court also may sentence the offender to a community	84207
control sanction for the offense, but the offender shall serve all	84208
of the prison terms so imposed prior to serving the community	84209
control sanction.	84210

(iii) In all cases, notwithstanding section 2929.18 of the	84211
Revised Code, a fine of not less than one thousand three hundred	84212
fifty nor more than ten thousand five hundred dollars;	84213

(iv) In all cases, a class two license suspension of the	84214
offender's driver's license, commercial driver's license,	84215
temporary instruction permit, probationary license, or nonresident	84216
operating privilege from the range specified in division (A)(2) of	84217
section 4510.02 of the Revised Code. The court may grant limited	84218
driving privileges relative to the suspension under sections	84219
4510.021 and 4510.13 of the Revised Code.	84220

(v) In all cases, if the vehicle is registered in the	84221
offender's name, criminal forfeiture of the vehicle involved in	84222
the offense in accordance with section 4503.234 of the Revised	84223
Code. Division (G)(6) of this section applies regarding any	84224
vehicle that is subject to an order of criminal forfeiture under	84225
this division.	84226

(vi) In all cases, the court shall order the offender to	84227
participate ~~in an alcohol and drug~~with a community addiction	84228
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	84229
the Revised Code, subject to division (I) of this section, and	84230
shall order the offender to follow the treatment recommendations	84231
of the ~~program~~services provider. The operator of the ~~program~~	84232
services provider shall determine and assess the degree of the	84233
offender's alcohol dependency and shall make recommendations for	84234
treatment. Upon the request of the court, the ~~program~~services	84235
provider shall submit the results of the assessment to the court,	84236
including all treatment recommendations and clinical diagnoses	84237
related to alcohol use.	84238

(vii) In all cases, if the court sentences the offender to a	84239
mandatory term of local incarceration, in addition to the	84240
mandatory term, the court, pursuant to section 2929.17 of the	84241
Revised Code, may impose a term of house arrest with electronic	84242
monitoring. The term shall not commence until after the offender	84243
has served the mandatory term of local incarceration.	84244

(e) An offender who previously has been convicted of or	84245
pleaded guilty to a violation of division (A) of this section that	84246
was a felony, regardless of when the violation and the conviction	84247
or guilty plea occurred, is guilty of a felony of the third	84248
degree. The court shall sentence the offender to all of the	84249
following:	84250

(i) If the offender is being sentenced for a violation of	84251
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	84252
mandatory prison term of one, two, three, four, or five years as	84253
required by and in accordance with division (G)(2) of section	84254
2929.13 of the Revised Code if the offender also is convicted of	84255
or also pleads guilty to a specification of the type described in	84256
section 2941.1413 of the Revised Code or a mandatory prison term	84257
of sixty consecutive days in accordance with division (G)(2) of	84258
section 2929.13 of the Revised Code if the offender is not	84259
convicted of and does not plead guilty to a specification of that	84260
type. The court may impose a prison term in addition to the	84261
mandatory prison term. The cumulative total of a sixty-day	84262
mandatory prison term and the additional prison term for the	84263
offense shall not exceed five years. In addition to the mandatory	84264
prison term or mandatory prison term and additional prison term	84265
the court imposes, the court also may sentence the offender to a	84266
community control sanction for the offense, but the offender shall	84267
serve all of the prison terms so imposed prior to serving the	84268
community control sanction.	84269

(ii) If the sentence is being imposed for a violation of	84270
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	84271
section, a mandatory prison term of one, two, three, four, or five	84272
years as required by and in accordance with division (G)(2) of	84273
section 2929.13 of the Revised Code if the offender also is	84274
convicted of or also pleads guilty to a specification of the type	84275
described in section 2941.1413 of the Revised Code or a mandatory	84276
prison term of one hundred twenty consecutive days in accordance	84277
with division (G)(2) of section 2929.13 of the Revised Code if the	84278
offender is not convicted of and does not plead guilty to a	84279
specification of that type. The court may impose a prison term in	84280
addition to the mandatory prison term. The cumulative total of a	84281
one hundred twenty-day mandatory prison term and the additional	84282
prison term for the offense shall not exceed five years. In	84283
addition to the mandatory prison term or mandatory prison term and	84284
additional prison term the court imposes, the court also may	84285
sentence the offender to a community control sanction for the	84286
offense, but the offender shall serve all of the prison terms so	84287
imposed prior to serving the community control sanction.	84288

(iii) In all cases, notwithstanding section 2929.18 of the	84289
Revised Code, a fine of not less than one thousand three hundred	84290
fifty nor more than ten thousand five hundred dollars;	84291

(iv) In all cases, a class two license suspension of the	84292
offender's driver's license, commercial driver's license,	84293
temporary instruction permit, probationary license, or nonresident	84294
operating privilege from the range specified in division (A)(2) of	84295
section 4510.02 of the Revised Code. The court may grant limited	84296
driving privileges relative to the suspension under sections	84297
4510.021 and 4510.13 of the Revised Code.	84298

(v) In all cases, if the vehicle is registered in the	84299
offender's name, criminal forfeiture of the vehicle involved in	84300
the offense in accordance with section 4503.234 of the Revised	84301
Code. Division (G)(6) of this section applies regarding any	84302
vehicle that is subject to an order of criminal forfeiture under	84303
this division.	84304

(vi) In all cases, the court shall order the offender to	84305
participate ~~in an alcohol and drug~~with a community addiction	84306
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	84307
the Revised Code, subject to division (I) of this section, and	84308
shall order the offender to follow the treatment recommendations	84309
of the ~~program~~services provider. The operator of the ~~program~~	84310
services provider shall determine and assess the degree of the	84311
offender's alcohol dependency and shall make recommendations for	84312
treatment. Upon the request of the court, the ~~program~~services	84313
provider shall submit the results of the assessment to the court,	84314
including all treatment recommendations and clinical diagnoses	84315
related to alcohol use.	84316

(2) An offender who is convicted of or pleads guilty to a	84317
violation of division (A) of this section and who subsequently	84318
seeks reinstatement of the driver's or occupational driver's	84319
license or permit or nonresident operating privilege suspended	84320
under this section as a result of the conviction or guilty plea	84321
shall pay a reinstatement fee as provided in division (F)(2) of	84322
section 4511.191 of the Revised Code.	84323

(3) If an offender is sentenced to a jail term under division	84324
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	84325
if, within sixty days of sentencing of the offender, the court	84326
issues a written finding on the record that, due to the	84327
unavailability of space at the jail where the offender is required	84328
to serve the term, the offender will not be able to begin serving	84329
that term within the sixty-day period following the date of	84330
sentencing, the court may impose an alternative sentence under	84331
this division that includes a term of house arrest with electronic	84332
monitoring, with continuous alcohol monitoring, or with both	84333
electronic monitoring and continuous alcohol monitoring.	84334

As an alternative to a mandatory jail term of ten consecutive	84335
days required by division (G)(1)(b)(i) of this section, the court,	84336
under this division, may sentence the offender to five consecutive	84337
days in jail and not less than eighteen consecutive days of house	84338
arrest with electronic monitoring, with continuous alcohol	84339
monitoring, or with both electronic monitoring and continuous	84340
alcohol monitoring. The cumulative total of the five consecutive	84341
days in jail and the period of house arrest with electronic	84342
monitoring, continuous alcohol monitoring, or both types of	84343
monitoring shall not exceed six months. The five consecutive days	84344
in jail do not have to be served prior to or consecutively to the	84345
period of house arrest.	84346

As an alternative to the mandatory jail term of twenty	84347
consecutive days required by division (G)(1)(b)(ii) of this	84348
section, the court, under this division, may sentence the offender	84349
to ten consecutive days in jail and not less than thirty-six	84350
consecutive days of house arrest with electronic monitoring, with	84351
continuous alcohol monitoring, or with both electronic monitoring	84352
and continuous alcohol monitoring. The cumulative total of the ten	84353
consecutive days in jail and the period of house arrest with	84354
electronic monitoring, continuous alcohol monitoring, or both	84355
types of monitoring shall not exceed six months. The ten	84356
consecutive days in jail do not have to be served prior to or	84357
consecutively to the period of house arrest.	84358

As an alternative to a mandatory jail term of thirty	84359
consecutive days required by division (G)(1)(c)(i) of this	84360
section, the court, under this division, may sentence the offender	84361
to fifteen consecutive days in jail and not less than fifty-five	84362
consecutive days of house arrest with electronic monitoring, with	84363
continuous alcohol monitoring, or with both electronic monitoring	84364
and continuous alcohol monitoring. The cumulative total of the	84365
fifteen consecutive days in jail and the period of house arrest	84366
with electronic monitoring, continuous alcohol monitoring, or both	84367
types of monitoring shall not exceed one year. The fifteen	84368
consecutive days in jail do not have to be served prior to or	84369
consecutively to the period of house arrest.	84370

As an alternative to the mandatory jail term of sixty	84371
consecutive days required by division (G)(1)(c)(ii) of this	84372
section, the court, under this division, may sentence the offender	84373
to thirty consecutive days in jail and not less than one hundred	84374
ten consecutive days of house arrest with electronic monitoring,	84375
with continuous alcohol monitoring, or with both electronic	84376
monitoring and continuous alcohol monitoring. The cumulative total	84377
of the thirty consecutive days in jail and the period of house	84378
arrest with electronic monitoring, continuous alcohol monitoring,	84379
or both types of monitoring shall not exceed one year. The thirty	84380
consecutive days in jail do not have to be served prior to or	84381
consecutively to the period of house arrest.	84382

(4) If an offender's driver's or occupational driver's	84383
license or permit or nonresident operating privilege is suspended	84384
under division (G) of this section and if section 4510.13 of the	84385
Revised Code permits the court to grant limited driving	84386
privileges, the court may grant the limited driving privileges in	84387
accordance with that section. If division (A)(7) of that section	84388
requires that the court impose as a condition of the privileges	84389
that the offender must display on the vehicle that is driven	84390
subject to the privileges restricted license plates that are	84391
issued under section 4503.231 of the Revised Code, except as	84392
provided in division (B) of that section, the court shall impose	84393
that condition as one of the conditions of the limited driving	84394
privileges granted to the offender, except as provided in division	84395
(B) of section 4503.231 of the Revised Code.	84396

(5) Fines imposed under this section for a violation of	84397
division (A) of this section shall be distributed as follows:	84398

(a) Twenty-five dollars of the fine imposed under division	84399
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	84400
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	84401
fine imposed under division (G)(1)(c)(iii), and two hundred ten	84402
dollars of the fine imposed under division (G)(1)(d)(iii) or	84403
(e)(iii) of this section shall be paid to an enforcement and	84404
education fund established by the legislative authority of the law	84405
enforcement agency in this state that primarily was responsible	84406
for the arrest of the offender, as determined by the court that	84407
imposes the fine. The agency shall use this share to pay only	84408
those costs it incurs in enforcing this section or a municipal OVI	84409
ordinance and in informing the public of the laws governing the	84410
operation of a vehicle while under the influence of alcohol, the	84411
dangers of the operation of a vehicle under the influence of	84412
alcohol, and other information relating to the operation of a	84413
vehicle under the influence of alcohol and the consumption of	84414
alcoholic beverages.	84415

(b) Fifty dollars of the fine imposed under division	84416
(G)(1)(a)(iii) of this section shall be paid to the political	84417
subdivision that pays the cost of housing the offender during the	84418
offender's term of incarceration. If the offender is being	84419
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	84420
(e), or (j) of this section and was confined as a result of the	84421
offense prior to being sentenced for the offense but is not	84422
sentenced to a term of incarceration, the fifty dollars shall be	84423
paid to the political subdivision that paid the cost of housing	84424
the offender during that period of confinement. The political	84425
subdivision shall use the share under this division to pay or	84426
reimburse incarceration or treatment costs it incurs in housing or	84427
providing drug and alcohol treatment to persons who violate this	84428
section or a municipal OVI ordinance, costs of any immobilizing or	84429
disabling device used on the offender's vehicle, and costs of	84430
electronic house arrest equipment needed for persons who violate	84431
this section.	84432

(c) Twenty-five dollars of the fine imposed under division	84433
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	84434
division (G)(1)(b)(iii) of this section shall be deposited into	84435
the county or municipal indigent drivers' alcohol treatment fund	84436
under the control of that court, as created by the county or	84437
municipal corporation under division (F) of section 4511.191 of	84438
the Revised Code.	84439

(d) One hundred fifteen dollars of the fine imposed under	84440
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	84441
fine imposed under division (G)(1)(c)(iii), and four hundred forty	84442
dollars of the fine imposed under division (G)(1)(d)(iii) or	84443
(e)(iii) of this section shall be paid to the political	84444
subdivision that pays the cost of housing the offender during the	84445
offender's term of incarceration. The political subdivision shall	84446
use this share to pay or reimburse incarceration or treatment	84447
costs it incurs in housing or providing drug and alcohol treatment	84448
to persons who violate this section or a municipal OVI ordinance,	84449
costs for any immobilizing or disabling device used on the	84450
offender's vehicle, and costs of electronic house arrest equipment	84451
needed for persons who violate this section.	84452

(e) Fifty dollars of the fine imposed under divisions	84453
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	84454
and (G)(1)(e)(iii) of this section shall be deposited into the	84455
special projects fund of the court in which the offender was	84456
convicted and that is established under division (E)(1) of section	84457
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	84458
of section 1907.24 of the Revised Code, to be used exclusively to	84459
cover the cost of immobilizing or disabling devices, including	84460
certified ignition interlock devices, and remote alcohol	84461
monitoring devices for indigent offenders who are required by a	84462
judge to use either of these devices. If the court in which the	84463
offender was convicted does not have a special projects fund that	84464
is established under division (E)(1) of section 2303.201, division	84465
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	84466
of the Revised Code, the fifty dollars shall be deposited into the	84467
indigent drivers interlock and alcohol monitoring fund under	84468
division (I) of section 4511.191 of the Revised Code.	84469

(f) Seventy-five dollars of the fine imposed under division	84470
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	84471
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	84472
of the fine imposed under division (G)(1)(c)(iii), and five	84473
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	84474
or (e)(iii) of this section shall be transmitted to the treasurer	84475
of state for deposit into the indigent defense support fund	84476
established under section 120.08 of the Revised Code.	84477

(g) The balance of the fine imposed under division	84478
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	84479
section shall be disbursed as otherwise provided by law.	84480

(6) If title to a motor vehicle that is subject to an order	84481
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	84482
this section is assigned or transferred and division (B)(2) or (3)	84483
of section 4503.234 of the Revised Code applies, in addition to or	84484
independent of any other penalty established by law, the court may	84485
fine the offender the value of the vehicle as determined by	84486
publications of the national automobile dealers association. The	84487
proceeds of any fine so imposed shall be distributed in accordance	84488
with division (C)(2) of that section.	84489

(7) In all cases in which an offender is sentenced under	84490
division (G) of this section, the offender shall provide the court	84491
with proof of financial responsibility as defined in section	84492
4509.01 of the Revised Code. If the offender fails to provide that	84493
proof of financial responsibility, the court, in addition to any	84494
other penalties provided by law, may order restitution pursuant to	84495
section 2929.18 or 2929.28 of the Revised Code in an amount not	84496
exceeding five thousand dollars for any economic loss arising from	84497
an accident or collision that was the direct and proximate result	84498
of the offender's operation of the vehicle before, during, or	84499
after committing the offense for which the offender is sentenced	84500
under division (G) of this section.	84501

(8) As used in division (G) of this section, "electronic	84502
monitoring," "mandatory prison term," and "mandatory term of local	84503
incarceration" have the same meanings as in section 2929.01 of the	84504
Revised Code.	84505

(H) Whoever violates division (B) of this section is guilty	84506
of operating a vehicle after underage alcohol consumption and	84507
shall be punished as follows:	84508

(1) Except as otherwise provided in division (H)(2) of this	84509
section, the offender is guilty of a misdemeanor of the fourth	84510
degree. In addition to any other sanction imposed for the offense,	84511
the court shall impose a class six suspension of the offender's	84512
driver's license, commercial driver's license, temporary	84513
instruction permit, probationary license, or nonresident operating	84514
privilege from the range specified in division (A)(6) of section	84515
4510.02 of the Revised Code.	84516

(2) If, within one year of the offense, the offender	84517
previously has been convicted of or pleaded guilty to one or more	84518
violations of division (A) or (B) of this section or other	84519
equivalent offenses, the offender is guilty of a misdemeanor of	84520
the third degree. In addition to any other sanction imposed for	84521
the offense, the court shall impose a class four suspension of the	84522
offender's driver's license, commercial driver's license,	84523
temporary instruction permit, probationary license, or nonresident	84524
operating privilege from the range specified in division (A)(4) of	84525
section 4510.02 of the Revised Code.	84526

(3) If the offender also is convicted of or also pleads	84527
guilty to a specification of the type described in section	84528
2941.1416 of the Revised Code and if the court imposes a jail term	84529
for the violation of division (B) of this section, the court shall	84530
impose upon the offender an additional definite jail term pursuant	84531
to division (E) of section 2929.24 of the Revised Code.	84532

(4) The offender shall provide the court with proof of	84533
financial responsibility as defined in section 4509.01 of the	84534
Revised Code. If the offender fails to provide that proof of	84535
financial responsibility, then, in addition to any other penalties	84536
provided by law, the court may order restitution pursuant to	84537
section 2929.28 of the Revised Code in an amount not exceeding	84538
five thousand dollars for any economic loss arising from an	84539
accident or collision that was the direct and proximate result of	84540
the offender's operation of the vehicle before, during, or after	84541
committing the violation of division (B) of this section.	84542

(I)(1) No court shall sentence an offender to an alcohol	84543
treatment program under this section unless the treatment program	84544
complies with the minimum standards for alcohol treatment programs	84545
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	84546
director of ~~alcohol and drug addiction services~~mental health and	84547
addiction services.	84548

(2) An offender who stays in a drivers' intervention program	84549
or in an alcohol treatment program under an order issued under	84550
this section shall pay the cost of the stay in the program.	84551
However, if the court determines that an offender who stays in an	84552
alcohol treatment program under an order issued under this section	84553
is unable to pay the cost of the stay in the program, the court	84554
may order that the cost be paid from the court's indigent drivers'	84555
alcohol treatment fund.	84556

(J) If a person whose driver's or commercial driver's license	84557
or permit or nonresident operating privilege is suspended under	84558
this section files an appeal regarding any aspect of the person's	84559
trial or sentence, the appeal itself does not stay the operation	84560
of the suspension.	84561

(K) Division (A)(1)(j) of this section does not apply to a	84562
person who operates a vehicle, streetcar, or trackless trolley	84563
while the person has a concentration of a listed controlled	84564
substance or a listed metabolite of a controlled substance in the	84565
person's whole blood, blood serum or plasma, or urine that equals	84566
or exceeds the amount specified in that division, if both of the	84567
following apply:	84568

(1) The person obtained the controlled substance pursuant to	84569
a prescription issued by a licensed health professional authorized	84570
to prescribe drugs.	84571

(2) The person injected, ingested, or inhaled the controlled	84572
substance in accordance with the health professional's directions.	84573

(L) The prohibited concentrations of a controlled substance	84574
or a metabolite of a controlled substance listed in division	84575
(A)(1)(j) of this section also apply in a prosecution of a	84576
violation of division (D) of section 2923.16 of the Revised Code	84577
in the same manner as if the offender is being prosecuted for a	84578
prohibited concentration of alcohol.	84579

(M) All terms defined in section 4510.01 of the Revised Code	84580
apply to this section. If the meaning of a term defined in section	84581
4510.01 of the Revised Code conflicts with the meaning of the same	84582
term as defined in section 4501.01 or 4511.01 of the Revised Code,	84583
the term as defined in section 4510.01 of the Revised Code applies	84584
to this section.	84585

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	84586
as adopted by the supreme court under authority of section 2937.46	84587
of the Revised Code, do not apply to felony violations of this	84588
section. Subject to division (N)(2) of this section, the Rules of	84589
Criminal Procedure apply to felony violations of this section.	84590

(2) If, on or after January 1, 2004, the supreme court	84591
modifies the Ohio Traffic Rules to provide procedures to govern	84592
felony violations of this section, the modified rules shall apply	84593
to felony violations of this section.	84594

Sec. 4511.191. (A)(1) As used in this section:

84595

(a) "Physical control" has the same meaning as in section	84596
4511.194 of the Revised Code.	84597

(b) "Alcohol monitoring device" means any device that	84598
provides for continuous alcohol monitoring, any ignition interlock	84599
device, any immobilizing or disabling device other than an	84600
ignition interlock device that is constantly available to monitor	84601
the concentration of alcohol in a person's system, or any other	84602
device that provides for the automatic testing and periodic	84603
reporting of alcohol consumption by a person and that a court	84604
orders a person to use as a sanction imposed as a result of the	84605
person's conviction of or plea of guilty to an offense.	84606

(2) Any person who operates a vehicle, streetcar, or	84607
trackless trolley upon a highway or any public or private property	84608
used by the public for vehicular travel or parking within this	84609
state or who is in physical control of a vehicle, streetcar, or	84610
trackless trolley shall be deemed to have given consent to a	84611
chemical test or tests of the person's whole blood, blood serum or	84612
plasma, breath, or urine to determine the alcohol, drug of abuse,	84613
controlled substance, metabolite of a controlled substance, or	84614
combination content of the person's whole blood, blood serum or	84615
plasma, breath, or urine if arrested for a violation of division	84616
(A) or (B) of section 4511.19 of the Revised Code, section	84617
4511.194 of the Revised Code or a substantially equivalent	84618
municipal ordinance, or a municipal OVI ordinance.	84619

(3) The chemical test or tests under division (A)(2) of this	84620
section shall be administered at the request of a law enforcement	84621
officer having reasonable grounds to believe the person was	84622
operating or in physical control of a vehicle, streetcar, or	84623
trackless trolley in violation of a division, section, or	84624
ordinance identified in division (A)(2) of this section. The law	84625
enforcement agency by which the officer is employed shall	84626
designate which of the tests shall be administered.	84627

(4) Any person who is dead or unconscious, or who otherwise	84628
is in a condition rendering the person incapable of refusal, shall	84629
be deemed to have consented as provided in division (A)(2) of this	84630
section, and the test or tests may be administered, subject to	84631
sections 313.12 to 313.16 of the Revised Code.	84632

(5)(a) If a law enforcement officer arrests a person for a	84633
violation of division (A) or (B) of section 4511.19 of the Revised	84634
Code, section 4511.194 of the Revised Code or a substantially	84635
equivalent municipal ordinance, or a municipal OVI ordinance and	84636
if the person if convicted would be required to be sentenced under	84637
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	84638
Code, the law enforcement officer shall request the person to	84639
submit, and the person shall submit, to a chemical test or tests	84640
of the person's whole blood, blood serum or plasma, breath, or	84641
urine for the purpose of determining the alcohol, drug of abuse,	84642
controlled substance, metabolite of a controlled substance, or	84643
combination content of the person's whole blood, blood serum or	84644
plasma, breath, or urine. A law enforcement officer who makes a	84645
request pursuant to this division that a person submit to a	84646
chemical test or tests is not required to advise the person of the	84647
consequences of submitting to, or refusing to submit to, the test	84648
or tests and is not required to give the person the form described	84649
in division (B) of section 4511.192 of the Revised Code, but the	84650
officer shall advise the person at the time of the arrest that if	84651
the person refuses to take a chemical test the officer may employ	84652
whatever reasonable means are necessary to ensure that the person	84653
submits to a chemical test of the person's whole blood or blood	84654
serum or plasma. The officer shall also advise the person at the	84655
time of the arrest that the person may have an independent	84656
chemical test taken at the person's own expense. Divisions (A)(3)	84657
and (4) of this section apply to the administration of a chemical	84658
test or tests pursuant to this division.	84659

(b) If a person refuses to submit to a chemical test upon a	84660
request made pursuant to division (A)(5)(a) of this section, the	84661
law enforcement officer who made the request may employ whatever	84662
reasonable means are necessary to ensure that the person submits	84663
to a chemical test of the person's whole blood or blood serum or	84664
plasma. A law enforcement officer who acts pursuant to this	84665
division to ensure that a person submits to a chemical test of the	84666
person's whole blood or blood serum or plasma is immune from	84667
criminal and civil liability based upon a claim for assault and	84668
battery or any other claim for the acts, unless the officer so	84669
acted with malicious purpose, in bad faith, or in a wanton or	84670
reckless manner.	84671

(B)(1) Upon receipt of the sworn report of a law enforcement	84672
officer who arrested a person for a violation of division (A) or	84673
(B) of section 4511.19 of the Revised Code, section 4511.194 of	84674
the Revised Code or a substantially equivalent municipal	84675
ordinance, or a municipal OVI ordinance that was completed and	84676
sent to the registrar of motor vehicles and a court pursuant to	84677
section 4511.192 of the Revised Code in regard to a person who	84678
refused to take the designated chemical test, the registrar shall	84679
enter into the registrar's records the fact that the person's	84680
driver's or commercial driver's license or permit or nonresident	84681
operating privilege was suspended by the arresting officer under	84682
this division and that section and the period of the suspension,	84683
as determined under this section. The suspension shall be subject	84684
to appeal as provided in section 4511.197 of the Revised Code. The	84685
suspension shall be for whichever of the following periods	84686
applies:	84687

(a) Except when division (B)(1)(b), (c), or (d) of this	84688
section applies and specifies a different class or length of	84689
suspension, the suspension shall be a class C suspension for the	84690
period of time specified in division (B)(3) of section 4510.02 of	84691
the Revised Code.	84692

(b) If the arrested person, within six years of the date on	84693
which the person refused the request to consent to the chemical	84694
test, had refused one previous request to consent to a chemical	84695
test or had been convicted of or pleaded guilty to one violation	84696
of division (A) or (B) of section 4511.19 of the Revised Code or	84697
one other equivalent offense, the suspension shall be a class B	84698
suspension imposed for the period of time specified in division	84699
(B)(2) of section 4510.02 of the Revised Code.	84700

(c) If the arrested person, within six years of the date on	84701
which the person refused the request to consent to the chemical	84702
test, had refused two previous requests to consent to a chemical	84703
test, had been convicted of or pleaded guilty to two violations of	84704
division (A) or (B) of section 4511.19 of the Revised Code or	84705
other equivalent offenses, or had refused one previous request to	84706
consent to a chemical test and also had been convicted of or	84707
pleaded guilty to one violation of division (A) or (B) of section	84708
4511.19 of the Revised Code or other equivalent offenses, which	84709
violation or offense arose from an incident other than the	84710
incident that led to the refusal, the suspension shall be a class	84711
A suspension imposed for the period of time specified in division	84712
(B)(1) of section 4510.02 of the Revised Code.	84713

(d) If the arrested person, within six years of the date on	84714
which the person refused the request to consent to the chemical	84715
test, had refused three or more previous requests to consent to a	84716
chemical test, had been convicted of or pleaded guilty to three or	84717
more violations of division (A) or (B) of section 4511.19 of the	84718
Revised Code or other equivalent offenses, or had refused a number	84719
of previous requests to consent to a chemical test and also had	84720
been convicted of or pleaded guilty to a number of violations of	84721
division (A) or (B) of section 4511.19 of the Revised Code or	84722
other equivalent offenses that cumulatively total three or more	84723
such refusals, convictions, and guilty pleas, the suspension shall	84724
be for five years.	84725

(2) The registrar shall terminate a suspension of the	84726
driver's or commercial driver's license or permit of a resident or	84727
of the operating privilege of a nonresident, or a denial of a	84728
driver's or commercial driver's license or permit, imposed	84729
pursuant to division (B)(1) of this section upon receipt of notice	84730
that the person has entered a plea of guilty to, or that the	84731
person has been convicted after entering a plea of no contest to,	84732
operating a vehicle in violation of section 4511.19 of the Revised	84733
Code or in violation of a municipal OVI ordinance, if the offense	84734
for which the conviction is had or the plea is entered arose from	84735
the same incident that led to the suspension or denial.	84736

The registrar shall credit against any judicial suspension of	84737
a person's driver's or commercial driver's license or permit or	84738
nonresident operating privilege imposed pursuant to section	84739
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	84740
Revised Code for a violation of a municipal OVI ordinance, any	84741
time during which the person serves a related suspension imposed	84742
pursuant to division (B)(1) of this section.	84743

(C)(1) Upon receipt of the sworn report of the law	84744
enforcement officer who arrested a person for a violation of	84745
division (A) or (B) of section 4511.19 of the Revised Code or a	84746
municipal OVI ordinance that was completed and sent to the	84747
registrar and a court pursuant to section 4511.192 of the Revised	84748
Code in regard to a person whose test results indicate that the	84749
person's whole blood, blood serum or plasma, breath, or urine	84750
contained at least the concentration of alcohol specified in	84751
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	84752
Revised Code or at least the concentration of a listed controlled	84753
substance or a listed metabolite of a controlled substance	84754
specified in division (A)(1)(j) of section 4511.19 of the Revised	84755
Code, the registrar shall enter into the registrar's records the	84756
fact that the person's driver's or commercial driver's license or	84757
permit or nonresident operating privilege was suspended by the	84758
arresting officer under this division and section 4511.192 of the	84759
Revised Code and the period of the suspension, as determined under	84760
divisions (C)(1)(a) to (d) of this section. The suspension shall	84761
be subject to appeal as provided in section 4511.197 of the	84762
Revised Code. The suspension described in this division does not	84763
apply to, and shall not be imposed upon, a person arrested for a	84764
violation of section 4511.194 of the Revised Code or a	84765
substantially equivalent municipal ordinance who submits to a	84766
designated chemical test. The suspension shall be for whichever of	84767
the following periods applies:	84768

(a) Except when division (C)(1)(b), (c), or (d) of this	84769
section applies and specifies a different period, the suspension	84770
shall be a class E suspension imposed for the period of time	84771
specified in division (B)(5) of section 4510.02 of the Revised	84772
Code.	84773

(b) The suspension shall be a class C suspension for the	84774
period of time specified in division (B)(3) of section 4510.02 of	84775
the Revised Code if the person has been convicted of or pleaded	84776
guilty to, within six years of the date the test was conducted,	84777
one violation of division (A) or (B) of section 4511.19 of the	84778
Revised Code or one other equivalent offense.	84779

(c) If, within six years of the date the test was conducted,	84780
the person has been convicted of or pleaded guilty to two	84781
violations of a statute or ordinance described in division	84782
(C)(1)(b) of this section, the suspension shall be a class B	84783
suspension imposed for the period of time specified in division	84784
(B)(2) of section 4510.02 of the Revised Code.	84785

(d) If, within six years of the date the test was conducted,	84786
the person has been convicted of or pleaded guilty to more than	84787
two violations of a statute or ordinance described in division	84788
(C)(1)(b) of this section, the suspension shall be a class A	84789
suspension imposed for the period of time specified in division	84790
(B)(1) of section 4510.02 of the Revised Code.	84791

(2) The registrar shall terminate a suspension of the	84792
driver's or commercial driver's license or permit of a resident or	84793
of the operating privilege of a nonresident, or a denial of a	84794
driver's or commercial driver's license or permit, imposed	84795
pursuant to division (C)(1) of this section upon receipt of notice	84796
that the person has entered a plea of guilty to, or that the	84797
person has been convicted after entering a plea of no contest to,	84798
operating a vehicle in violation of section 4511.19 of the Revised	84799
Code or in violation of a municipal OVI ordinance, if the offense	84800
for which the conviction is had or the plea is entered arose from	84801
the same incident that led to the suspension or denial.	84802

The registrar shall credit against any judicial suspension of	84803
a person's driver's or commercial driver's license or permit or	84804
nonresident operating privilege imposed pursuant to section	84805
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	84806
Revised Code for a violation of a municipal OVI ordinance, any	84807
time during which the person serves a related suspension imposed	84808
pursuant to division (C)(1) of this section.	84809

(D)(1) A suspension of a person's driver's or commercial	84810
driver's license or permit or nonresident operating privilege	84811
under this section for the time described in division (B) or (C)	84812
of this section is effective immediately from the time at which	84813
the arresting officer serves the notice of suspension upon the	84814
arrested person. Any subsequent finding that the person is not	84815
guilty of the charge that resulted in the person being requested	84816
to take the chemical test or tests under division (A) of this	84817
section does not affect the suspension.	84818

(2) If a person is arrested for operating a vehicle,	84819
streetcar, or trackless trolley in violation of division (A) or	84820
(B) of section 4511.19 of the Revised Code or a municipal OVI	84821
ordinance, or for being in physical control of a vehicle,	84822
streetcar, or trackless trolley in violation of section 4511.194	84823
of the Revised Code or a substantially equivalent municipal	84824
ordinance, regardless of whether the person's driver's or	84825
commercial driver's license or permit or nonresident operating	84826
privilege is or is not suspended under division (B) or (C) of this	84827
section or Chapter 4510. of the Revised Code, the person's initial	84828
appearance on the charge resulting from the arrest shall be held	84829
within five days of the person's arrest or the issuance of the	84830
citation to the person, subject to any continuance granted by the	84831
court pursuant to section 4511.197 of the Revised Code regarding	84832
the issues specified in that division.	84833

(E) When it finally has been determined under the procedures	84834
of this section and sections 4511.192 to 4511.197 of the Revised	84835
Code that a nonresident's privilege to operate a vehicle within	84836
this state has been suspended, the registrar shall give	84837
information in writing of the action taken to the motor vehicle	84838
administrator of the state of the person's residence and of any	84839
state in which the person has a license.	84840

(F) At the end of a suspension period under this section,	84841
under section 4511.194, section 4511.196, or division (G) of	84842
section 4511.19 of the Revised Code, or under section 4510.07 of	84843
the Revised Code for a violation of a municipal OVI ordinance and	84844
upon the request of the person whose driver's or commercial	84845
driver's license or permit was suspended and who is not otherwise	84846
subject to suspension, cancellation, or disqualification, the	84847
registrar shall return the driver's or commercial driver's license	84848
or permit to the person upon the occurrence of all of the	84849
conditions specified in divisions (F)(1) and (2) of this section:	84850

(1) A showing that the person has proof of financial	84851
responsibility, a policy of liability insurance in effect that	84852
meets the minimum standards set forth in section 4509.51 of the	84853
Revised Code, or proof, to the satisfaction of the registrar, that	84854
the person is able to respond in damages in an amount at least	84855
equal to the minimum amounts specified in section 4509.51 of the	84856
Revised Code.	84857

(2) Subject to the limitation contained in division (F)(3) of	84858
this section, payment by the person to the registrar or an	84859
eligible deputy registrar of a license reinstatement fee of four	84860
hundred seventy-five dollars, which fee shall be deposited in the	84861
state treasury and credited as follows:	84862

(a) One hundred twelve dollars and fifty cents shall be	84863
credited to the statewide treatment and prevention fund created by	84864
section 4301.30 of the Revised Code. Money credited to the fund	84865
under this section shall be used for purposes identified ~~in the~~	84866
~~comprehensive statewide alcohol and drug addiction services plan~~	84867
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	84868

(b) Seventy-five dollars shall be credited to the reparations	84869
fund created by section 2743.191 of the Revised Code.	84870

(c) Thirty-seven dollars and fifty cents shall be credited to	84871
the indigent drivers alcohol treatment fund, which is hereby	84872
established in the state treasury. Except as otherwise provided in	84873
division (F)(2)(c) of this section, moneys in the fund shall be	84874
distributed by the department of ~~alcohol and drug addiction~~	84875
~~services~~mental health and addiction services to the county	84876
indigent drivers alcohol treatment funds, the county juvenile	84877
indigent drivers alcohol treatment funds, and the municipal	84878
indigent drivers alcohol treatment funds that are required to be	84879
established by counties and municipal corporations pursuant to	84880
division (H) of this section, and shall be used only to pay the	84881
cost of an alcohol and drug addiction treatment program attended	84882
by an offender or juvenile traffic offender who is ordered to	84883
attend an alcohol and drug addiction treatment program by a	84884
county, juvenile, or municipal court judge and who is determined	84885
by the county, juvenile, or municipal court judge not to have the	84886
means to pay for the person's attendance at the program or to pay	84887
the costs specified in division (H)(4) of this section in	84888
accordance with that division. In addition, a county, juvenile, or	84889
municipal court judge may use moneys in the county indigent	84890
drivers alcohol treatment fund, county juvenile indigent drivers	84891
alcohol treatment fund, or municipal indigent drivers alcohol	84892
treatment fund to pay for the cost of the continued use of an	84893
alcohol monitoring device as described in divisions (H)(3) and (4)	84894
of this section. Moneys in the fund that are not distributed to a	84895
county indigent drivers alcohol treatment fund, a county juvenile	84896
indigent drivers alcohol treatment fund, or a municipal indigent	84897
drivers alcohol treatment fund under division (H) of this section	84898
because the director of ~~alcohol and drug addiction services~~mental	84899
health and addiction services does not have the information	84900
necessary to identify the county or municipal corporation where	84901
the offender or juvenile offender was arrested may be transferred	84902
by the director of budget and management to the statewide	84903
treatment and prevention fund created by section 4301.30 of the	84904
Revised Code, upon certification of the amount by the director of	84905
~~alcohol and drug addiction services~~mental health and addiction	84906
services.	84907

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	84908
~~rehabilitation services commission~~opportunities for Ohioans with	84909
disabilities agency established by section ~~3304.12~~3304.15 of the	84910
Revised Code, to the services for rehabilitation fund, which is	84911
hereby established. The fund shall be used to match available	84912
federal matching funds where appropriate, and for any other	84913
purpose or program of the ~~commission~~agency to rehabilitate ~~people~~	84914
persons with disabilities to help them become employed and	84915
independent.	84916

(e) Seventy-five dollars shall be deposited into the state	84917
treasury and credited to the drug abuse resistance education	84918
programs fund, which is hereby established, to be used by the	84919
attorney general for the purposes specified in division (F)(4) of	84920
this section.	84921

(f) Thirty dollars shall be credited to the state bureau of	84922
motor vehicles fund created by section 4501.25 of the Revised	84923
Code.	84924

(g) Twenty dollars shall be credited to the trauma and	84925
emergency medical services fund created by section 4513.263 of the	84926
Revised Code.	84927

(h) Fifty dollars shall be credited to the indigent drivers	84928
interlock and alcohol monitoring fund, which is hereby established	84929
in the state treasury. Moneys in the fund shall be distributed by	84930
the department of public safety to the county indigent drivers	84931
interlock and alcohol monitoring funds, the county juvenile	84932
indigent drivers interlock and alcohol monitoring funds, and the	84933
municipal indigent drivers interlock and alcohol monitoring funds	84934
that are required to be established by counties and municipal	84935
corporations pursuant to this section, and shall be used only to	84936
pay the cost of an immobilizing or disabling device, including a	84937
certified ignition interlock device, or an alcohol monitoring	84938
device used by an offender or juvenile offender who is ordered to	84939
use the device by a county, juvenile, or municipal court judge and	84940
who is determined by the county, juvenile, or municipal court	84941
judge not to have the means to pay for the person's use of the	84942
device.	84943

(3) If a person's driver's or commercial driver's license or	84944
permit is suspended under this section, under section 4511.196 or	84945
division (G) of section 4511.19 of the Revised Code, under section	84946
4510.07 of the Revised Code for a violation of a municipal OVI	84947
ordinance or under any combination of the suspensions described in	84948
division (F)(3) of this section, and if the suspensions arise from	84949
a single incident or a single set of facts and circumstances, the	84950
person is liable for payment of, and shall be required to pay to	84951
the registrar or an eligible deputy registrar, only one	84952
reinstatement fee of four hundred seventy-five dollars. The	84953
reinstatement fee shall be distributed by the bureau in accordance	84954
with division (F)(2) of this section.	84955

(4) The attorney general shall use amounts in the drug abuse	84956
resistance education programs fund to award grants to law	84957
enforcement agencies to establish and implement drug abuse	84958
resistance education programs in public schools. Grants awarded to	84959
a law enforcement agency under this section shall be used by the	84960
agency to pay for not more than fifty per cent of the amount of	84961
the salaries of law enforcement officers who conduct drug abuse	84962
resistance education programs in public schools. The attorney	84963
general shall not use more than six per cent of the amounts the	84964
attorney general's office receives under division (F)(2)(e) of	84965
this section to pay the costs it incurs in administering the grant	84966
program established by division (F)(2)(e) of this section and in	84967
providing training and materials relating to drug abuse resistance	84968
education programs.	84969

The attorney general shall report to the governor and the	84970
general assembly each fiscal year on the progress made in	84971
establishing and implementing drug abuse resistance education	84972
programs. These reports shall include an evaluation of the	84973
effectiveness of these programs.	84974

(5) In addition to the reinstatement fee under this section,	84975
if the person pays the reinstatement fee to a deputy registrar,	84976
the deputy registrar shall collect a service fee of ten dollars to	84977
compensate the deputy registrar for services performed under this	84978
section. The deputy registrar shall retain eight dollars of the	84979
service fee and shall transmit the reinstatement fee, plus two	84980
dollars of the service fee, to the registrar in the manner the	84981
registrar shall determine.	84982

(G) Suspension of a commercial driver's license under	84983
division (B) or (C) of this section shall be concurrent with any	84984
period of disqualification under section 3123.611 or 4506.16 of	84985
the Revised Code or any period of suspension under section 3123.58	84986
of the Revised Code. No person who is disqualified for life from	84987
holding a commercial driver's license under section 4506.16 of the	84988
Revised Code shall be issued a driver's license under Chapter	84989
4507. of the Revised Code during the period for which the	84990
commercial driver's license was suspended under division (B) or	84991
(C) of this section. No person whose commercial driver's license	84992
is suspended under division (B) or (C) of this section shall be	84993
issued a driver's license under Chapter 4507. of the Revised Code	84994
during the period of the suspension.	84995

(H)(1) Each county shall establish an indigent drivers	84996
alcohol treatment fund, each county shall establish a juvenile	84997
indigent drivers alcohol treatment fund, and each municipal	84998
corporation in which there is a municipal court shall establish an	84999
indigent drivers alcohol treatment fund. All revenue that the	85000
general assembly appropriates to the indigent drivers alcohol	85001
treatment fund for transfer to a county indigent drivers alcohol	85002
treatment fund, a county juvenile indigent drivers alcohol	85003
treatment fund, or a municipal indigent drivers alcohol treatment	85004
fund, all portions of fees that are paid under division (F) of	85005
this section and that are credited under that division to the	85006
indigent drivers alcohol treatment fund in the state treasury for	85007
a county indigent drivers alcohol treatment fund, a county	85008
juvenile indigent drivers alcohol treatment fund, or a municipal	85009
indigent drivers alcohol treatment fund, all portions of	85010
additional costs imposed under section 2949.094 of the Revised	85011
Code that are specified for deposit into a county, county	85012
juvenile, or municipal indigent drivers alcohol treatment fund by	85013
that section, and all portions of fines that are specified for	85014
deposit into a county or municipal indigent drivers alcohol	85015
treatment fund by section 4511.193 of the Revised Code shall be	85016
deposited into that county indigent drivers alcohol treatment	85017
fund, county juvenile indigent drivers alcohol treatment fund, or	85018
municipal indigent drivers alcohol treatment fund. The portions of	85019
the fees paid under division (F) of this section that are to be so	85020
deposited shall be determined in accordance with division (H)(2)	85021
of this section. Additionally, all portions of fines that are paid	85022
for a violation of section 4511.19 of the Revised Code or of any	85023
prohibition contained in Chapter 4510. of the Revised Code, and	85024
that are required under section 4511.19 or any provision of	85025
Chapter 4510. of the Revised Code to be deposited into a county	85026
indigent drivers alcohol treatment fund or municipal indigent	85027
drivers alcohol treatment fund shall be deposited into the	85028
appropriate fund in accordance with the applicable division of the	85029
section or provision.	85030

(2) That portion of the license reinstatement fee that is	85031
paid under division (F) of this section and that is credited under	85032
that division to the indigent drivers alcohol treatment fund shall	85033
be deposited into a county indigent drivers alcohol treatment	85034
fund, a county juvenile indigent drivers alcohol treatment fund,	85035
or a municipal indigent drivers alcohol treatment fund as follows:	85036

(a) Regarding a suspension imposed under this section, that	85037
portion of the fee shall be deposited as follows:	85038

(i) If the fee is paid by a person who was charged in a	85039
county court with the violation that resulted in the suspension or	85040
in the imposition of the court costs, the portion shall be	85041
deposited into the county indigent drivers alcohol treatment fund	85042
under the control of that court;	85043

(ii) If the fee is paid by a person who was charged in a	85044
juvenile court with the violation that resulted in the suspension	85045
or in the imposition of the court costs, the portion shall be	85046
deposited into the county juvenile indigent drivers alcohol	85047
treatment fund established in the county served by the court;	85048

(iii) If the fee is paid by a person who was charged in a	85049
municipal court with the violation that resulted in the suspension	85050
or in the imposition of the court costs, the portion shall be	85051
deposited into the municipal indigent drivers alcohol treatment	85052
fund under the control of that court.	85053

(b) Regarding a suspension imposed under section 4511.19 of	85054
the Revised Code or under section 4510.07 of the Revised Code for	85055
a violation of a municipal OVI ordinance, that portion of the fee	85056
shall be deposited as follows:	85057

(i) If the fee is paid by a person whose license or permit	85058
was suspended by a county court, the portion shall be deposited	85059
into the county indigent drivers alcohol treatment fund under the	85060
control of that court;	85061

(ii) If the fee is paid by a person whose license or permit	85062
was suspended by a municipal court, the portion shall be deposited	85063
into the municipal indigent drivers alcohol treatment fund under	85064
the control of that court.	85065

(3) Expenditures from a county indigent drivers alcohol	85066
treatment fund, a county juvenile indigent drivers alcohol	85067
treatment fund, or a municipal indigent drivers alcohol treatment	85068
fund shall be made only upon the order of a county, juvenile, or	85069
municipal court judge and only for payment of the cost of an	85070
assessment or the cost of the attendance at an alcohol and drug	85071
addiction treatment program of a person who is convicted of, or	85072
found to be a juvenile traffic offender by reason of, a violation	85073
of division (A) of section 4511.19 of the Revised Code or a	85074
substantially similar municipal ordinance, who is ordered by the	85075
court to attend the alcohol and drug addiction treatment program,	85076
and who is determined by the court to be unable to pay the cost of	85077
the assessment or the cost of attendance at the treatment program	85078
or for payment of the costs specified in division (H)(4) of this	85079
section in accordance with that division. The alcohol and drug	85080
addiction services board or the board of alcohol, drug addiction,	85081
and mental health services established pursuant to section 340.02	85082
or 340.021 of the Revised Code and serving the alcohol, drug	85083
addiction, and mental health service district in which the court	85084
is located shall administer the indigent drivers alcohol treatment	85085
program of the court. When a court orders an offender or juvenile	85086
traffic offender to obtain an assessment or attend an alcohol and	85087
drug addiction treatment program, the board shall determine which	85088
program is suitable to meet the needs of the offender or juvenile	85089
traffic offender, and when a suitable program is located and space	85090
is available at the program, the offender or juvenile traffic	85091
offender shall attend the program designated by the board. A	85092
reasonable amount not to exceed five per cent of the amounts	85093
credited to and deposited into the county indigent drivers alcohol	85094
treatment fund, the county juvenile indigent drivers alcohol	85095
treatment fund, or the municipal indigent drivers alcohol	85096
treatment fund serving every court whose program is administered	85097
by that board shall be paid to the board to cover the costs it	85098
incurs in administering those indigent drivers alcohol treatment	85099
programs.	85100

In addition, upon exhaustion of moneys in the indigent	85101
drivers interlock and alcohol monitoring fund for the use of an	85102
alcohol monitoring device, a county, juvenile, or municipal court	85103
judge may use moneys in the county indigent drivers alcohol	85104
treatment fund, county juvenile indigent drivers alcohol treatment	85105
fund, or municipal indigent drivers alcohol treatment fund in the	85106
following manners:	85107

(a) If the source of the moneys was an appropriation of the	85108
general assembly, a portion of a fee that was paid under division	85109
(F) of this section, a portion of a fine that was specified for	85110
deposit into the fund by section 4511.193 of the Revised Code, or	85111
a portion of a fine that was paid for a violation of section	85112
4511.19 of the Revised Code or of a provision contained in Chapter	85113
4510. of the Revised Code that was required to be deposited into	85114
the fund, to pay for the continued use of an alcohol monitoring	85115
device by an offender or juvenile traffic offender, in conjunction	85116
with a treatment program approved by the department of ~~alcohol and~~	85117
~~drug addiction services~~mental health and addiction services, when	85118
such use is determined clinically necessary by the treatment	85119
program and when the court determines that the offender or	85120
juvenile traffic offender is unable to pay all or part of the	85121
daily monitoring or cost of the device;	85122

(b) If the source of the moneys was a portion of an	85123
additional court cost imposed under section 2949.094 of the	85124
Revised Code, to pay for the continued use of an alcohol	85125
monitoring device by an offender or juvenile traffic offender when	85126
the court determines that the offender or juvenile traffic	85127
offender is unable to pay all or part of the daily monitoring or	85128
cost of the device. The moneys may be used for a device as	85129
described in this division if the use of the device is in	85130
conjunction with a treatment program approved by the department of	85131
~~alcohol and drug addiction services~~mental health and addiction	85132
services, when the use of the device is determined clinically	85133
necessary by the treatment program, but the use of a device is not	85134
required to be in conjunction with a treatment program approved by	85135
the department in order for the moneys to be used for the device	85136
as described in this division.	85137

(4) If a county, juvenile, or municipal court determines, in	85138
consultation with the alcohol and drug addiction services board or	85139
the board of alcohol, drug addiction, and mental health services	85140
established pursuant to section 340.02 or 340.021 of the Revised	85141
Code and serving the alcohol, drug addiction, and mental health	85142
district in which the court is located, that the funds in the	85143
county indigent drivers alcohol treatment fund, the county	85144
juvenile indigent drivers alcohol treatment fund, or the municipal	85145
indigent drivers alcohol treatment fund under the control of the	85146
court are more than sufficient to satisfy the purpose for which	85147
the fund was established, as specified in divisions (H)(1) to (3)	85148
of this section, the court may declare a surplus in the fund. If	85149
the court declares a surplus in the fund, the court may expend the	85150
amount of the surplus in the fund for:	85151

(a) Alcohol and drug abuse assessment and treatment of	85152
persons who are charged in the court with committing a criminal	85153
offense or with being a delinquent child or juvenile traffic	85154
offender and in relation to whom both of the following apply:	85155

(i) The court determines that substance abuse was a	85156
contributing factor leading to the criminal or delinquent activity	85157
or the juvenile traffic offense with which the person is charged.	85158

(ii) The court determines that the person is unable to pay	85159
the cost of the alcohol and drug abuse assessment and treatment	85160
for which the surplus money will be used.	85161

(b) All or part of the cost of purchasing alcohol monitoring	85162
devices to be used in conjunction with division (H)(3) of this	85163
section, upon exhaustion of moneys in the indigent drivers	85164
interlock and alcohol monitoring fund for the use of an alcohol	85165
monitoring device.	85166

(5) For the purpose of determining as described in division	85167
(F)(2)(c) of this section whether an offender does not have the	85168
means to pay for the offender's attendance at an alcohol and drug	85169
addiction treatment program or whether an alleged offender or	85170
delinquent child is unable to pay the costs specified in division	85171
(H)(4) of this section, the court shall use the indigent client	85172
eligibility guidelines and the standards of indigency established	85173
by the state public defender to make the determination.	85174

(6) The court shall identify and refer any ~~alcohol and drug~~	85175
community addiction ~~program~~services provider that is not	85176
certified under section ~~3793.06~~5119.36 of the Revised Code and	85177
that is interested in receiving amounts from the surplus in the	85178
fund declared under division (H)(4) of this section to the	85179
department of ~~alcohol and drug addiction services~~mental health	85180
and addiction services in order for the ~~program~~services provider	85181
to become a certified ~~alcohol and drug~~community addiction	85182
~~program~~services provider. The department shall keep a record of	85183
applicant referrals received pursuant to this division and shall	85184
submit a report on the referrals each year to the general	85185
assembly. If a ~~program~~services provider interested in becoming	85186
certified makes an application to become certified pursuant to	85187
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	85188
provider is eligible to receive surplus funds as long as the	85189
application is pending with the department. The department of	85190
~~alcohol and drug addiction services~~mental health and addiction	85191
services must offer technical assistance to the applicant. If the	85192
interested ~~program~~services provider withdraws the certification	85193
application, the department must notify the court, and the court	85194
shall not provide the interested ~~program~~services provider with	85195
any further surplus funds.	85196

(7)(a) Each alcohol and drug addiction services board and	85197
board of alcohol, drug addiction, and mental health services	85198
established pursuant to section 340.02 or 340.021 of the Revised	85199
Code shall submit to the department of ~~alcohol and drug addiction~~	85200
~~services~~mental health and addiction services an annual report for	85201
each indigent drivers alcohol treatment fund in that board's area.	85202

(b) The report, which shall be submitted not later than sixty	85203
days after the end of the state fiscal year, shall provide the	85204
total payment that was made from the fund, including the number of	85205
indigent consumers that received treatment services and the number	85206
of indigent consumers that received an alcohol monitoring device.	85207
The report shall identify the treatment program and expenditure	85208
for an alcohol monitoring device for which that payment was made.	85209
The report shall include the fiscal year balance of each indigent	85210
drivers alcohol treatment fund located in that board's area. In	85211
the event that a surplus is declared in the fund pursuant to	85212
division (H)(4) of this section, the report also shall provide the	85213
total payment that was made from the surplus moneys and identify	85214
the treatment program and expenditure for an alcohol monitoring	85215
device for which that payment was made. ~~The department may require~~	85216
~~additional information necessary to complete the comprehensive~~	85217
~~statewide alcohol and drug addiction services plan as required by~~	85218
~~section 3793.04 of the Revised Code.~~	85219

(c) If a board is unable to obtain adequate information to	85220
develop the report to submit to the department for a particular	85221
indigent drivers alcohol treatment fund, the board shall submit a	85222
report detailing the effort made in obtaining the information.	85223

(I)(1) Each county shall establish an indigent drivers	85224
interlock and alcohol monitoring fund and a juvenile indigent	85225
drivers interlock and alcohol treatment fund, and each municipal	85226
corporation in which there is a municipal court shall establish an	85227
indigent drivers interlock and alcohol monitoring fund. All	85228
revenue that the general assembly appropriates to the indigent	85229
drivers interlock and alcohol monitoring fund for transfer to a	85230
county indigent drivers interlock and alcohol monitoring fund, a	85231
county juvenile indigent drivers interlock and alcohol monitoring	85232
fund, or a municipal indigent drivers interlock and alcohol	85233
monitoring fund, all portions of license reinstatement fees that	85234
are paid under division (F)(2) of this section and that are	85235
credited under that division to the indigent drivers interlock and	85236
alcohol monitoring fund in the state treasury, and all portions of	85237
fines that are paid under division (G) of section 4511.19 of the	85238
Revised Code and that are credited by division (G)(5)(e) of that	85239
section to the indigent drivers interlock and alcohol monitoring	85240
fund in the state treasury shall be deposited in the appropriate	85241
fund in accordance with division (I)(2) of this section.	85242

(2) That portion of the license reinstatement fee that is	85243
paid under division (F) of this section and that portion of the	85244
fine paid under division (G) of section 4511.19 of the Revised	85245
Code and that is credited under either division to the indigent	85246
drivers interlock and alcohol monitoring fund shall be deposited	85247
into a county indigent drivers interlock and alcohol monitoring	85248
fund, a county juvenile indigent drivers interlock and alcohol	85249
monitoring fund, or a municipal indigent drivers interlock and	85250
alcohol monitoring fund as follows:	85251

(a) If the fee or fine is paid by a person who was charged in	85252
a county court with the violation that resulted in the suspension	85253
or fine, the portion shall be deposited into the county indigent	85254
drivers interlock and alcohol monitoring fund under the control of	85255
that court.	85256

(b) If the fee or fine is paid by a person who was charged in	85257
a juvenile court with the violation that resulted in the	85258
suspension or fine, the portion shall be deposited into the county	85259
juvenile indigent drivers interlock and alcohol monitoring fund	85260
established in the county served by the court.	85261

(c) If the fee or fine is paid by a person who was charged in	85262
a municipal court with the violation that resulted in the	85263
suspension, the portion shall be deposited into the municipal	85264
indigent drivers interlock and alcohol monitoring fund under the	85265
control of that court.	85266

Sec. 4511.21. (A) No person shall operate a motor vehicle,	85267
trackless trolley, or streetcar at a speed greater or less than is	85268
reasonable or proper, having due regard to the traffic, surface,	85269
and width of the street or highway and any other conditions, and	85270
no person shall drive any motor vehicle, trackless trolley, or	85271
streetcar in and upon any street or highway at a greater speed	85272
than will permit the person to bring it to a stop within the	85273
assured clear distance ahead.	85274

(B) It is prima-facie lawful, in the absence of a lower limit	85275
declared or established pursuant to this section by the director	85276
of transportation or local authorities, for the operator of a	85277
motor vehicle, trackless trolley, or streetcar to operate the same	85278
at a speed not exceeding the following:	85279

(1)(a) Twenty miles per hour in school zones during school	85280
recess and while children are going to or leaving school during	85281
the opening or closing hours, and when twenty miles per hour	85282
school speed limit signs are erected; except that, on	85283
controlled-access highways and expressways, if the right-of-way	85284
line fence has been erected without pedestrian opening, the speed	85285
shall be governed by division (B)(4) of this section and on	85286
freeways, if the right-of-way line fence has been erected without	85287
pedestrian opening, the speed shall be governed by divisions	85288
(B)(9) and (10) of this section. The end of every school zone may	85289
be marked by a sign indicating the end of the zone. Nothing in	85290
this section or in the manual and specifications for a uniform	85291
system of traffic control devices shall be construed to require	85292
school zones to be indicated by signs equipped with flashing or	85293
other lights, or giving other special notice of the hours in which	85294
the school zone speed limit is in effect.	85295

(b) As used in this section and in section 4511.212 of the	85296
Revised Code, "school" means any school chartered under section	85297
3301.16 of the Revised Code and any nonchartered school that	85298
during the preceding year filed with the department of education	85299
in compliance with rule 3301-35-08 of the Ohio Administrative	85300
Code, a copy of the school's report for the parents of the	85301
school's pupils certifying that the school meets Ohio minimum	85302
standards for nonchartered, nontax-supported schools and presents	85303
evidence of this filing to the jurisdiction from which it is	85304
requesting the establishment of a school zone. "School" also	85305
includes a special elementary school that in writing requests the	85306
county engineer of the county in which the special elementary	85307
school is located to create a school zone at the location of that	85308
school. Upon receipt of such a written request, the county	85309
engineer shall create a school zone at that location by erecting	85310
the appropriate signs.	85311

(c) As used in this section, "school zone" means that portion	85312
of a street or highway passing a school fronting upon the street	85313
or highway that is encompassed by projecting the school property	85314
lines to the fronting street or highway, and also includes that	85315
portion of a state highway. Upon request from local authorities	85316
for streets and highways under their jurisdiction and that portion	85317
of a state highway under the jurisdiction of the director of	85318
transportation or a request from a county engineer in the case of	85319
a school zone for a special elementary school, the director may	85320
extend the traditional school zone boundaries. The distances in	85321
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	85322
exceed three hundred feet per approach per direction and are	85323
bounded by whichever of the following distances or combinations	85324
thereof the director approves as most appropriate:	85325

(i) The distance encompassed by projecting the school	85326
building lines normal to the fronting highway and extending a	85327
distance of three hundred feet on each approach direction;	85328

(ii) The distance encompassed by projecting the school	85329
property lines intersecting the fronting highway and extending a	85330
distance of three hundred feet on each approach direction;	85331

(iii) The distance encompassed by the special marking of the	85332
pavement for a principal school pupil crosswalk plus a distance of	85333
three hundred feet on each approach direction of the highway.	85334

Nothing in this section shall be construed to invalidate the	85335
director's initial action on August 9, 1976, establishing all	85336
school zones at the traditional school zone boundaries defined by	85337
projecting school property lines, except when those boundaries are	85338
extended as provided in divisions (B)(1)(a) and (c) of this	85339
section.	85340

(d) As used in this division, "crosswalk" has the meaning	85341
given that term in division (LL)(2) of section 4511.01 of the	85342
Revised Code.	85343

The director may, upon request by resolution of the	85344
legislative authority of a municipal corporation, the board of	85345
trustees of a township, or a county board of developmental	85346
disabilities created pursuant to Chapter 5126. of the Revised	85347
Code, and upon submission by the municipal corporation, township,	85348
or county board of such engineering, traffic, and other	85349
information as the director considers necessary, designate a	85350
school zone on any portion of a state route lying within the	85351
municipal corporation, lying within the unincorporated territory	85352
of the township, or lying adjacent to the property of a school	85353
that is operated by such county board, that includes a crosswalk	85354
customarily used by children going to or leaving a school during	85355
recess and opening and closing hours, whenever the distance, as	85356
measured in a straight line, from the school property line nearest	85357
the crosswalk to the nearest point of the crosswalk is no more	85358
than one thousand three hundred twenty feet. Such a school zone	85359
shall include the distance encompassed by the crosswalk and	85360
extending three hundred feet on each approach direction of the	85361
state route.	85362

(e) As used in this section, "special elementary school"	85363
means a school that meets all of the following criteria:	85364

(i) It is not chartered and does not receive tax revenue from	85365
any source.	85366

(ii) It does not educate children beyond the eighth grade.

85367

(iii) It is located outside the limits of a municipal	85368
corporation.	85369

(iv) A majority of the total number of students enrolled at	85370
the school are not related by blood.	85371

(v) The principal or other person in charge of the special	85372
elementary school annually sends a report to the superintendent of	85373
the school district in which the special elementary school is	85374
located indicating the total number of students enrolled at the	85375
school, but otherwise the principal or other person in charge does	85376
not report any other information or data to the superintendent.	85377

(2) Twenty-five miles per hour in all other portions of a	85378
municipal corporation, except on state routes outside business	85379
districts, through highways outside business districts, and	85380
alleys;	85381

(3) Thirty-five miles per hour on all state routes or through	85382
highways within municipal corporations outside business districts,	85383
except as provided in divisions (B)(4) and (6) of this section;	85384

(4) Fifty miles per hour on controlled-access highways and	85385
expressways within municipal corporations;	85386

(5) Fifty-five miles per hour on highways outside municipal	85387
corporations, other than highways within island jurisdictions as	85388
provided in division (B)(8) of this section, highways as provided	85389
in division (B)(9) of this section, and freeways as provided in	85390
divisions (B)(12), (13), (14), (16), and (17) of this section;	85391

(6) Fifty miles per hour on state routes within municipal	85392
corporations outside urban districts unless a lower prima-facie	85393
speed is established as further provided in this section;	85394

(7) Fifteen miles per hour on all alleys within the municipal	85395
corporation;	85396

(8) Thirty-five miles per hour on highways outside municipal	85397
corporations that are within an island jurisdiction;	85398

(9) Sixty miles per hour on two-lane state routes outside	85399
municipal corporations as established by the director under	85400
division (H)(2) of this section.	85401

(10) Fifty-five miles per hour at all times on freeways with	85402
paved shoulders inside municipal corporations, other than freeways	85403
as provided in divisions (B)(12), (13), (14), (16), and (17) of	85404
this section;	85405

(11) Fifty-five miles per hour at all times on freeways	85406
outside municipal corporations, other than freeways as provided in	85407
divisions (B)(12), (13), (14), (16), and (17) of this section;	85408

(12) ~~Fifty-five~~Sixty miles per hour at all times on all	85409
portions of freeways that are not part of the interstate system,	85410
but are built to the standards and specifications that are	85411
applicable to freeways that are part of the interstate system and	85412
that had a speed limit of fifty-five miles per hour immediately	85413
prior to the effective date of this amendment, for operators of	85414
any motor vehicle weighing in excess of eight thousand pounds	85415
empty weight and any noncommercial bus;	85416

(13) ~~Fifty-five~~Sixty miles per hour for operators of any	85417
motor vehicle weighing eight thousand pounds or less empty weight	85418
and any commercial bus at all times on all portions of freeways	85419
that are not part of the interstate system, but are built to the	85420
standards and specifications that are applicable to freeways that	85421
are part of the interstate system and that had ~~such~~ a speed limit	85422
~~established~~of fifty-five miles per hour immediately prior to	85423
~~October 1, 1995, unless a higher speed limit is established under~~	85424
~~division (L)~~the effective date of this ~~section~~amendment;	85425

(14) ~~Sixty-five~~Seventy miles per hour for operators of any	85426
motor vehicle ~~weighing eight thousand pounds or less empty weight~~	85427
~~and any commercial bus~~ at all times on all portions of both of the	85428
following:	85429

(a) Freeways that are not part of the interstate system, but	85430
are built to the standards and specifications that are applicable	85431
to freeways that are part of the interstate system and that had	85432
~~such~~ a speed limit ~~established~~of sixty-five miles per hour	85433
immediately prior to ~~October 1, 1995~~the effective date of this	85434
amendment;	85435

(b) ~~Freeways that are not part of the interstate system but~~	85436
~~are built to the standards and specifications that are applicable~~	85437
~~to freeways that are part of the interstate system, and that had~~	85438
~~such a speed limit established under division (L) of this section;~~	85439

~~(c)~~ Rural, divided, multi-lane highways that are designated	85440
as part of the national highway system under the "National Highway	85441
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	85442
and that had ~~such~~ a speed limit ~~established under division (M)~~of	85443
sixty-five miles per hour immediately prior to the effective date	85444
of this ~~section~~amendment.	85445

(15) Fifty-five miles per hour for operators of any motor	85446
vehicle at all times on all portions of freeways in congested	85447
areas as determined by the director and that are part of the	85448
interstate system and are located within a municipal corporation	85449
or within an interstate freeway outerbelt;	85450

(16) Sixty-five miles per hour for operators of any motor	85451
vehicle at all times on all portions of freeways in urban areas as	85452
determined by the director and that are part of the interstate	85453
system and are part of an interstate freeway outerbelt;	85454

(17) Seventy miles per hour at all times on all portions of	85455
freeways that are part of the interstate system and are outside	85456
urbanized areas, as designated in accordance with 23 U.S.C. 101,	85457
for operators of all motor vehicles.	85458

(C) It is prima-facie unlawful for any person to exceed any	85459
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	85460
(6), (7), and (8) of this section, or any declared or established	85461
pursuant to this section by the director or local authorities and	85462
it is unlawful for any person to exceed any of the speed	85463
limitations in division (D) of this section. No person shall be	85464
convicted of more than one violation of this section for the same	85465
conduct, although violations of more than one provision of this	85466
section may be charged in the alternative in a single affidavit.	85467

(D) No person shall operate a motor vehicle, trackless	85468
trolley, or streetcar upon a street or highway as follows:	85469

(1) At a speed exceeding fifty-five miles per hour, except	85470
upon a two-lane state route as provided in division (B)(9) of this	85471
section and upon a freeway as provided in divisions (B)(12), (13),	85472
(14), (16), and (17) of this section;	85473

(2) At a speed exceeding sixty miles per hour upon a two-lane	85474
state route as provided in division (B)(9) of this section.and	85475
upon a freeway as provided in divisions (B)(12) and (13) of this	85476
section;	85477

(3) At a speed exceeding sixty-five miles per hour upon a	85478
freeway as provided in division (B)(16) of this section, except	85479
upon a freeway as provided in ~~division~~divisions (B)(14) and (17)	85480
of this section;	85481

(4) At a speed exceeding seventy miles per hour upon a	85482
freeway as provided in ~~division~~divisions (B)(14) and (17) of this	85483
section;	85484

(5) If a motor vehicle weighing in excess of eight thousand	85485
pounds empty weight or a noncommercial bus as prescribed in	85486
division (B)~~(11)~~(12) of this section, at a speed exceeding	85487
~~fifty-five~~sixty miles per hour, except upon a freeway as provided	85488
in divisions (B)(14), (16), and (17) of this section;	85489

(6) At a speed exceeding the posted speed limit upon a	85490
freeway for which the director has determined and declared a speed	85491
limit of not more than sixty-five miles per hour pursuant to	85492
division (L)(2) or (M) of this section;	85493

(7) At a speed exceeding sixty-five miles per hour upon a	85494
freeway for which such a speed limit has been established through	85495
the operation of division (L)(3) of this section;	85496

(8) At a speed exceeding the posted speed limit upon a	85497
freeway for which the director has determined and declared a speed	85498
limit pursuant to division (I)(2) of this section.	85499

(E) In every charge of violation of this section the	85500
affidavit and warrant shall specify the time, place, and speed at	85501
which the defendant is alleged to have driven, and in charges made	85502
in reliance upon division (C) of this section also the speed which	85503
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	85504
declared or established pursuant to, this section declares is	85505
prima-facie lawful at the time and place of such alleged	85506
violation, except that in affidavits where a person is alleged to	85507
have driven at a greater speed than will permit the person to	85508
bring the vehicle to a stop within the assured clear distance	85509
ahead the affidavit and warrant need not specify the speed at	85510
which the defendant is alleged to have driven.	85511

(F) When a speed in excess of both a prima-facie limitation	85512
and a limitation in division (D) of this section is alleged, the	85513
defendant shall be charged in a single affidavit, alleging a	85514
single act, with a violation indicated of both division (B)(1)(a),	85515
(2), (3), (4), (6), (7), or (8) of this section, or of a limit	85516
declared or established pursuant to this section by the director	85517
or local authorities, and of the limitation in division (D) of	85518
this section. If the court finds a violation of division	85519
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	85520
or established pursuant to, this section has occurred, it shall	85521
enter a judgment of conviction under such division and dismiss the	85522
charge under division (D) of this section. If it finds no	85523
violation of division (B)(1)(a), (2), (3), (4), (6), (7), or (8)	85524
of, or a limit declared or established pursuant to, this section,	85525
it shall then consider whether the evidence supports a conviction	85526
under division (D) of this section.	85527

(G) Points shall be assessed for violation of a limitation	85528
under division (D) of this section in accordance with section	85529
4510.036 of the Revised Code.	85530

(H)(1) Whenever the director determines upon the basis of a	85531
geometric and traffic characteristic study that any speed limit	85532
set forth in divisions (B)(1)(a) to (D) of this section is greater	85533
or less than is reasonable or safe under the conditions found to	85534
exist at any portion of a street or highway under the jurisdiction	85535
of the director, the director shall determine and declare a	85536
reasonable and safe prima-facie speed limit, which shall be	85537
effective when appropriate signs giving notice of it are erected	85538
at the location.	85539

(2) Whenever the director determines upon the basis of a	85540
geometric and traffic characteristic study that the speed limit of	85541
fifty-five miles per hour on a two-lane state route outside a	85542
municipal corporation is less than is reasonable or safe under the	85543
conditions found to exist at that portion of the state route, the	85544
director may determine and declare a speed limit of sixty miles	85545
per hour for that portion of the state route, which shall be	85546
effective when appropriate signs giving notice of it are erected	85547
at the location.	85548

(I)(1) Except as provided in divisions (I)(2) and (K) of this	85549
section, whenever local authorities determine upon the basis of an	85550
engineering and traffic investigation that the speed permitted by	85551
divisions (B)(1)(a) to (D) of this section, on any part of a	85552
highway under their jurisdiction, is greater than is reasonable	85553
and safe under the conditions found to exist at such location, the	85554
local authorities may by resolution request the director to	85555
determine and declare a reasonable and safe prima-facie speed	85556
limit. Upon receipt of such request the director may determine and	85557
declare a reasonable and safe prima-facie speed limit at such	85558
location, and if the director does so, then such declared speed	85559
limit shall become effective only when appropriate signs giving	85560
notice thereof are erected at such location by the local	85561
authorities. The director may withdraw the declaration of a	85562
prima-facie speed limit whenever in the director's opinion the	85563
altered prima-facie speed becomes unreasonable. Upon such	85564
withdrawal, the declared prima-facie speed shall become	85565
ineffective and the signs relating thereto shall be immediately	85566
removed by the local authorities.	85567

(2) A local authority may determine on the basis of a	85568
geometric and traffic characteristic study that the speed limit of	85569
sixty-five miles per hour on a portion of a freeway under its	85570
jurisdiction that was established through the operation of	85571
division (L)(3) of this section is greater than is reasonable or	85572
safe under the conditions found to exist at that portion of the	85573
freeway. If the local authority makes such a determination, the	85574
local authority by resolution may request the director to	85575
determine and declare a reasonable and safe speed limit of not	85576
less than fifty-five miles per hour for that portion of the	85577
freeway. If the director takes such action, the declared speed	85578
limit becomes effective only when appropriate signs giving notice	85579
of it are erected at such location by the local authority.	85580

(J) Local authorities in their respective jurisdictions may	85581
authorize by ordinance higher prima-facie speeds than those stated	85582
in this section upon through highways, or upon highways or	85583
portions thereof where there are no intersections, or between	85584
widely spaced intersections, provided signs are erected giving	85585
notice of the authorized speed, but local authorities shall not	85586
modify or alter the basic rule set forth in division (A) of this	85587
section or in any event authorize by ordinance a speed in excess	85588
of fifty miles per hour.	85589

Alteration of prima-facie limits on state routes by local	85590
authorities shall not be effective until the alteration has been	85591
approved by the director. The director may withdraw approval of	85592
any altered prima-facie speed limits whenever in the director's	85593
opinion any altered prima-facie speed becomes unreasonable, and	85594
upon such withdrawal, the altered prima-facie speed shall become	85595
ineffective and the signs relating thereto shall be immediately	85596
removed by the local authorities.	85597

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	85598
section, "unimproved highway" means a highway consisting of any of	85599
the following:	85600

(a) Unimproved earth;

85601

(b) Unimproved graded and drained earth;

85602

85603

(2) Except as otherwise provided in divisions (K)(4) and (5)	85604
of this section, whenever a board of township trustees determines	85605
upon the basis of an engineering and traffic investigation that	85606
the speed permitted by division (B)(5) of this section on any part	85607
of an unimproved highway under its jurisdiction and in the	85608
unincorporated territory of the township is greater than is	85609
reasonable or safe under the conditions found to exist at the	85610
location, the board may by resolution declare a reasonable and	85611
safe prima-facie speed limit of fifty-five but not less than	85612
twenty-five miles per hour. An altered speed limit adopted by a	85613
board of township trustees under this division becomes effective	85614
when appropriate traffic control devices, as prescribed in section	85615
4511.11 of the Revised Code, giving notice thereof are erected at	85616
the location, which shall be no sooner than sixty days after	85617
adoption of the resolution.	85618

(3)(a) Whenever, in the opinion of a board of township	85619
trustees, any altered prima-facie speed limit established by the	85620
board under this division becomes unreasonable, the board may	85621
adopt a resolution withdrawing the altered prima-facie speed	85622
limit. Upon the adoption of such a resolution, the altered	85623
prima-facie speed limit becomes ineffective and the traffic	85624
control devices relating thereto shall be immediately removed.	85625

(b) Whenever a highway ceases to be an unimproved highway and	85626
the board has adopted an altered prima-facie speed limit pursuant	85627
to division (K)(2) of this section, the board shall, by	85628
resolution, withdraw the altered prima-facie speed limit as soon	85629
as the highway ceases to be unimproved. Upon the adoption of such	85630
a resolution, the altered prima-facie speed limit becomes	85631
ineffective and the traffic control devices relating thereto shall	85632
be immediately removed.	85633

(4)(a) If the boundary of two townships rests on the	85634
centerline of an unimproved highway in unincorporated territory	85635
and both townships have jurisdiction over the highway, neither of	85636
the boards of township trustees of such townships may declare an	85637
altered prima-facie speed limit pursuant to division (K)(2) of	85638
this section on the part of the highway under their joint	85639
jurisdiction unless the boards of township trustees of both of the	85640
townships determine, upon the basis of an engineering and traffic	85641
investigation, that the speed permitted by division (B)(5) of this	85642
section is greater than is reasonable or safe under the conditions	85643
found to exist at the location and both boards agree upon a	85644
reasonable and safe prima-facie speed limit of less than	85645
fifty-five but not less than twenty-five miles per hour for that	85646
location. If both boards so agree, each shall follow the procedure	85647
specified in division (K)(2) of this section for altering the	85648
prima-facie speed limit on the highway. Except as otherwise	85649
provided in division (K)(4)(b) of this section, no speed limit	85650
altered pursuant to division (K)(4)(a) of this section may be	85651
withdrawn unless the boards of township trustees of both townships	85652
determine that the altered prima-facie speed limit previously	85653
adopted becomes unreasonable and each board adopts a resolution	85654
withdrawing the altered prima-facie speed limit pursuant to the	85655
procedure specified in division (K)(3)(a) of this section.	85656

(b) Whenever a highway described in division (K)(4)(a) of	85657
this section ceases to be an unimproved highway and two boards of	85658
township trustees have adopted an altered prima-facie speed limit	85659
pursuant to division (K)(4)(a) of this section, both boards shall,	85660
by resolution, withdraw the altered prima-facie speed limit as	85661
soon as the highway ceases to be unimproved. Upon the adoption of	85662
the resolution, the altered prima-facie speed limit becomes	85663
ineffective and the traffic control devices relating thereto shall	85664
be immediately removed.	85665

(5) As used in division (K)(5) of this section:

85666

(a) "Commercial subdivision" means any platted territory	85667
outside the limits of a municipal corporation and fronting a	85668
highway where, for a distance of three hundred feet or more, the	85669
frontage is improved with buildings in use for commercial	85670
purposes, or where the entire length of the highway is less than	85671
three hundred feet long and the frontage is improved with	85672
buildings in use for commercial purposes.	85673

(b) "Residential subdivision" means any platted territory	85674
outside the limits of a municipal corporation and fronting a	85675
highway, where, for a distance of three hundred feet or more, the	85676
frontage is improved with residences or residences and buildings	85677
in use for business, or where the entire length of the highway is	85678
less than three hundred feet long and the frontage is improved	85679
with residences or residences and buildings in use for business.	85680

Whenever a board of township trustees finds upon the basis of	85681
an engineering and traffic investigation that the prima-facie	85682
speed permitted by division (B)(5) of this section on any part of	85683
a highway under its jurisdiction that is located in a commercial	85684
or residential subdivision, except on highways or portions thereof	85685
at the entrances to which vehicular traffic from the majority of	85686
intersecting highways is required to yield the right-of-way to	85687
vehicles on such highways in obedience to stop or yield signs or	85688
traffic control signals, is greater than is reasonable and safe	85689
under the conditions found to exist at the location, the board may	85690
by resolution declare a reasonable and safe prima-facie speed	85691
limit of less than fifty-five but not less than twenty-five miles	85692
per hour at the location. An altered speed limit adopted by a	85693
board of township trustees under this division shall become	85694
effective when appropriate signs giving notice thereof are erected	85695
at the location by the township. Whenever, in the opinion of a	85696
board of township trustees, any altered prima-facie speed limit	85697
established by it under this division becomes unreasonable, it may	85698
adopt a resolution withdrawing the altered prima-facie speed, and	85699
upon such withdrawal, the altered prima-facie speed shall become	85700
ineffective, and the signs relating thereto shall be immediately	85701
removed by the township.	85702

(L)(1) Within one hundred twenty days of February 29, 1996,	85703
the director of transportation, based upon a geometric and traffic	85704
characteristic study of a freeway that is part of the interstate	85705
system or that is not part of the interstate system, but is built	85706
to the standards and specifications that are applicable to	85707
freeways that are part of the interstate system, in consultation	85708
with the director of public safety and, if applicable, the local	85709
authority having jurisdiction over a portion of such freeway, may	85710
determine and declare that the speed limit of less than sixty-five	85711
miles per hour established on such freeway or portion of freeway	85712
either is reasonable and safe or is less than that which is	85713
reasonable and safe.	85714

(2) If the established speed limit for such a freeway or	85715
portion of freeway is determined to be less than that which is	85716
reasonable and safe, the director of transportation, in	85717
consultation with the director of public safety and, if	85718
applicable, the local authority having jurisdiction over the	85719
portion of freeway, shall determine and declare a reasonable and	85720
safe speed limit of not more than sixty-five miles per hour for	85721
that freeway or portion of freeway.	85722

The director of transportation or local authority having	85723
jurisdiction over the freeway or portion of freeway shall erect	85724
appropriate signs giving notice of the speed limit at such	85725
location within one hundred fifty days of February 29, 1996. Such	85726
speed limit becomes effective only when such signs are erected at	85727
the location.	85728

(3) If, within one hundred twenty days of February 29, 1996,	85729
the director of transportation does not make a determination and	85730
declaration of a reasonable and safe speed limit for a freeway or	85731
portion of freeway that is part of the interstate system or that	85732
is not part of the interstate system, but is built to the	85733
standards and specifications that are applicable to freeways that	85734
are part of the interstate system and that has a speed limit of	85735
less than sixty-five miles per hour, the speed limit on that	85736
freeway or portion of a freeway shall be sixty-five miles per	85737
hour. The director of transportation or local authority having	85738
jurisdiction over the freeway or portion of the freeway shall	85739
erect appropriate signs giving notice of the speed limit of	85740
sixty-five miles per hour at such location within one hundred	85741
fifty days of February 29, 1996. Such speed limit becomes	85742
effective only when such signs are erected at the location. A	85743
speed limit established through the operation of division (L)(3)	85744
of this section is subject to reduction under division (I)(2) of	85745
this section.	85746

(M) Within three hundred sixty days after February 29, 1996,	85747
the director of transportation, based upon a geometric and traffic	85748
characteristic study of a rural, divided, multi-lane highway that	85749
has been designated as part of the national highway system under	85750
the "National Highway System Designation Act of 1995," 109 Stat.	85751
568, 23 U.S.C.A. 103, in consultation with the director of public	85752
safety and, if applicable, the local authority having jurisdiction	85753
over a portion of the highway, may determine and declare that the	85754
speed limit of less than sixty-five miles per hour established on	85755
the highway or portion of highway either is reasonable and safe or	85756
is less than that which is reasonable and safe.	85757

If the established speed limit for the highway or portion of	85758
highway is determined to be less than that which is reasonable and	85759
safe, the director of transportation, in consultation with the	85760
director of public safety and, if applicable, the local authority	85761
having jurisdiction over the portion of highway, shall determine	85762
and declare a reasonable and safe speed limit of not more than	85763
sixty-five miles per hour for that highway or portion of highway.	85764
The director of transportation or local authority having	85765
jurisdiction over the highway or portion of highway shall erect	85766
appropriate signs giving notice of the speed limit at such	85767
location within three hundred ninety days after February 29, 1996.	85768
The speed limit becomes effective only when such signs are erected	85769
at the location.	85770

(N)(1)(a) If the boundary of two local authorities rests on	85771
the centerline of a highway and both authorities have jurisdiction	85772
over the highway, the speed limit for the part of the highway	85773
within their joint jurisdiction shall be either one of the	85774
following as agreed to by both authorities:	85775

(i) Either prima-facie speed limit permitted by division (B)	85776
of this section;	85777

(ii) An altered speed limit determined and posted in	85778
accordance with this section.	85779

(b) If the local authorities are unable to reach an	85780
agreement, the speed limit shall remain as established and posted	85781
under this section.	85782

(2) Neither local authority may declare an altered	85783
prima-facie speed limit pursuant to this section on the part of	85784
the highway under their joint jurisdiction unless both of the	85785
local authorities determine, upon the basis of an engineering and	85786
traffic investigation, that the speed permitted by this section is	85787
greater than is reasonable or safe under the conditions found to	85788
exist at the location and both authorities agree upon a uniform	85789
reasonable and safe prima-facie speed limit of less than	85790
fifty-five but not less than twenty-five miles per hour for that	85791
location. If both authorities so agree, each shall follow the	85792
procedure specified in this section for altering the prima-facie	85793
speed limit on the highway, and the speed limit for the part of	85794
the highway within their joint jurisdiction shall be uniformly	85795
altered. No altered speed limit may be withdrawn unless both local	85796
authorities determine that the altered prima-facie speed limit	85797
previously adopted becomes unreasonable and each adopts a	85798
resolution withdrawing the altered prima-facie speed limit	85799
pursuant to the procedure specified in this section.	85800

(O) As used in this section:

85801

(1) "Interstate system" has the same meaning as in 23	85802
U.S.C.A. 101.	85803

(2) "Commercial bus" means a motor vehicle designed for	85804
carrying more than nine passengers and used for the transportation	85805
of persons for compensation.	85806

(3) "Noncommercial bus" includes but is not limited to a	85807
school bus or a motor vehicle operated solely for the	85808
transportation of persons associated with a charitable or	85809
nonprofit organization.	85810

(4) "Outerbelt" means a portion of a freeway that is part of	85811
the interstate system and is located in the outer vicinity of a	85812
major municipal corporation or group of municipal corporations, as	85813
designated by the director.	85814

(P)(1) A violation of any provision of this section is one of	85815
the following:	85816

(a) Except as otherwise provided in divisions (P)(1)(b),	85817
(1)(c), (2), and (3) of this section, a minor misdemeanor;	85818

(b) If, within one year of the offense, the offender	85819
previously has been convicted of or pleaded guilty to two	85820
violations of any provision of this section or of any provision of	85821
a municipal ordinance that is substantially similar to any	85822
provision of this section, a misdemeanor of the fourth degree;	85823

(c) If, within one year of the offense, the offender	85824
previously has been convicted of or pleaded guilty to three or	85825
more violations of any provision of this section or of any	85826
provision of a municipal ordinance that is substantially similar	85827
to any provision of this section, a misdemeanor of the third	85828
degree.	85829

(2) If the offender has not previously been convicted of or	85830
pleaded guilty to a violation of any provision of this section or	85831
of any provision of a municipal ordinance that is substantially	85832
similar to this section and operated a motor vehicle faster than	85833
thirty-five miles an hour in a business district of a municipal	85834
corporation, faster than fifty miles an hour in other portions of	85835
a municipal corporation, or faster than thirty-five miles an hour	85836
in a school zone during recess or while children are going to or	85837
leaving school during the school's opening or closing hours, a	85838
misdemeanor of the fourth degree.	85839

(3) Notwithstanding division (P)(1) of this section, if the	85840
offender operated a motor vehicle in a construction zone where a	85841
sign was then posted in accordance with section 4511.98 of the	85842
Revised Code, the court, in addition to all other penalties	85843
provided by law, shall impose upon the offender a fine of two	85844
times the usual amount imposed for the violation. No court shall	85845
impose a fine of two times the usual amount imposed for the	85846
violation upon an offender if the offender alleges, in an	85847
affidavit filed with the court prior to the offender's sentencing,	85848
that the offender is indigent and is unable to pay the fine	85849
imposed pursuant to this division and if the court determines that	85850
the offender is an indigent person and unable to pay the fine.	85851

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	85852
roadway where there is an adjacent curb shall be stopped or parked	85853
with the right-hand wheels of the vehicle parallel with and not	85854
more than twelve inches from the right-hand curb, unless it is	85855
impossible to approach so close to the curb; in such case the stop	85856
shall be made as close to the curb as possible and only for the	85857
time necessary to discharge and receive passengers or to load or	85858
unload merchandise. Local authorities by ordinance may permit	85859
angle parking on any roadway under their jurisdiction, except that	85860
angle parking shall not be permitted on a state route within a	85861
municipal corporation unless an unoccupied roadway width of not	85862
less than twenty-five feet is available for free-moving traffic.	85863

(B) Local authorities by ordinance may permit parking of	85864
vehicles with the left-hand wheels adjacent to and within twelve	85865
inches of the left-hand curb of a one-way roadway.	85866

(C)(1)(a) Except as provided in division (C)~~(2)~~(1)(b) of this	85867
section, no vehicle or trackless trolley shall be stopped or	85868
parked on a road or highway with the vehicle or trackless trolley	85869
facing in a direction other than the direction of travel on that	85870
side of the road or highway.	85871

~~(2)~~(b) The operator of a motorcycle may back the motorcycle	85872
into an angled parking space so that when the motorcycle is parked	85873
it is facing in a direction other than the direction of travel on	85874
the side of the road or highway.	85875

(2) The operator of a motorcycle may back the motorcycle into	85876
a parking space that is located on the side of, and parallel to, a	85877
road or highway. The motorcycle may face any direction when so	85878
parked. Not more than two motorcycles at a time shall be parked in	85879
a parking space as described in division (C)(2) of this section	85880
irrespective of whether or not the space is metered.	85881

(D) Notwithstanding any statute or any rule, resolution, or	85882
ordinance adopted by any local authority, air compressors,	85883
tractors, trucks, and other equipment, while being used in the	85884
construction, reconstruction, installation, repair, or removal of	85885
facilities near, on, over, or under a street or highway, may stop,	85886
stand, or park where necessary in order to perform such work,	85887
provided a flagperson is on duty or warning signs or lights are	85888
displayed as may be prescribed by the director of transportation.	85889

(E) Special parking locations and privileges for persons with	85890
disabilities that limit or impair the ability to walk, also known	85891
as handicapped parking spaces or disability parking spaces, shall	85892
be provided and designated by all political subdivisions and by	85893
the state and all agencies and instrumentalities thereof at all	85894
offices and facilities, where parking is provided, whether owned,	85895
rented, or leased, and at all publicly owned parking garages. The	85896
locations shall be designated through the posting of an elevated	85897
sign, whether permanently affixed or movable, imprinted with the	85898
international symbol of access and shall be reasonably close to	85899
exits, entrances, elevators, and ramps. All elevated signs posted	85900
in accordance with this division and division (C) of section	85901
3781.111 of the Revised Code shall be mounted on a fixed or	85902
movable post, and the distance from the ground to the bottom edge	85903
of the sign shall measure not less than five feet. If a new sign	85904
or a replacement sign designating a special parking location is	85905
posted on or after October 14, 1999, there also shall be affixed	85906
upon the surface of that sign or affixed next to the designating	85907
sign a notice that states the fine applicable for the offense of	85908
parking a motor vehicle in the special designated parking location	85909
if the motor vehicle is not legally entitled to be parked in that	85910
location.	85911

(F)(1) No person shall stop, stand, or park any motor vehicle	85912
at special parking locations provided under division (E) of this	85913
section or at special clearly marked parking locations provided in	85914
or on privately owned parking lots, parking garages, or other	85915
parking areas and designated in accordance with that division,	85916
unless one of the following applies:	85917

(a) The motor vehicle is being operated by or for the	85918
transport of a person with a disability that limits or impairs the	85919
ability to walk and is displaying a valid removable windshield	85920
placard or special license plates;	85921

(b) The motor vehicle is being operated by or for the	85922
transport of a handicapped person and is displaying a parking card	85923
or special handicapped license plates.	85924

(2) Any motor vehicle that is parked in a special marked	85925
parking location in violation of division (F)(1)(a) or (b) of this	85926
section may be towed or otherwise removed from the parking	85927
location by the law enforcement agency of the political	85928
subdivision in which the parking location is located. A motor	85929
vehicle that is so towed or removed shall not be released to its	85930
owner until the owner presents proof of ownership of the motor	85931
vehicle and pays all towing and storage fees normally imposed by	85932
that political subdivision for towing and storing motor vehicles.	85933
If the motor vehicle is a leased vehicle, it shall not be released	85934
to the lessee until the lessee presents proof that that person is	85935
the lessee of the motor vehicle and pays all towing and storage	85936
fees normally imposed by that political subdivision for towing and	85937
storing motor vehicles.	85938

(3) If a person is charged with a violation of division	85939
(F)(1)(a) or (b) of this section, it is an affirmative defense to	85940
the charge that the person suffered an injury not more than	85941
seventy-two hours prior to the time the person was issued the	85942
ticket or citation and that, because of the injury, the person	85943
meets at least one of the criteria contained in division (A)(1) of	85944
section 4503.44 of the Revised Code.	85945

(G) When a motor vehicle is being operated by or for the	85946
transport of a person with a disability that limits or impairs the	85947
ability to walk and is displaying a removable windshield placard	85948
or a temporary removable windshield placard or special license	85949
plates, or when a motor vehicle is being operated by or for the	85950
transport of a handicapped person and is displaying a parking card	85951
or special handicapped license plates, the motor vehicle is	85952
permitted to park for a period of two hours in excess of the legal	85953
parking period permitted by local authorities, except where local	85954
ordinances or police rules provide otherwise or where the vehicle	85955
is parked in such a manner as to be clearly a traffic hazard.	85956

(H) No owner of an office, facility, or parking garage where	85957
special parking locations are required to be designated in	85958
accordance with division (E) of this section shall fail to	85959
properly mark the special parking locations in accordance with	85960
that division or fail to maintain the markings of the special	85961
locations, including the erection and maintenance of the fixed or	85962
movable signs.	85963

(I) Nothing in this section shall be construed to require a	85964
person or organization to apply for a removable windshield placard	85965
or special license plates if the parking card or special license	85966
plates issued to the person or organization under prior law have	85967
not expired or been surrendered or revoked.	85968

(J)(1) Whoever violates division (A) or (C) of this section	85969
is guilty of a minor misdemeanor.	85970

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	85971
section is guilty of a misdemeanor and shall be punished as	85972
provided in division (J)(2)(a) and (b) of this section. Except as	85973
otherwise provided in division (J)(2)(a) of this section, an	85974
offender who violates division (F)(1)(a) or (b) of this section	85975
shall be fined not less than two hundred fifty nor more than five	85976
hundred dollars. An offender who violates division (F)(1)(a) or	85977
(b) of this section shall be fined not more than one hundred	85978
dollars if the offender, prior to sentencing, proves either of the	85979
following to the satisfaction of the court:	85980

(i) At the time of the violation of division (F)(1)(a) of	85981
this section, the offender or the person for whose transport the	85982
motor vehicle was being operated had been issued a removable	85983
windshield placard that then was valid or special license plates	85984
that then were valid but the offender or the person neglected to	85985
display the placard or license plates as described in division	85986
(F)(1)(a) of this section.	85987

(ii) At the time of the violation of division (F)(1)(b) of	85988
this section, the offender or the person for whose transport the	85989
motor vehicle was being operated had been issued a parking card	85990
that then was valid or special handicapped license plates that	85991
then were valid but the offender or the person neglected to	85992
display the card or license plates as described in division	85993
(F)(1)(b) of this section.	85994

(b) In no case shall an offender who violates division	85995
(F)(1)(a) or (b) of this section be sentenced to any term of	85996
imprisonment.	85997

An arrest or conviction for a violation of division (F)(1)(a)	85998
or (b) of this section does not constitute a criminal record and	85999
need not be reported by the person so arrested or convicted in	86000
response to any inquiries contained in any application for	86001
employment, license, or other right or privilege, or made in	86002
connection with the person's appearance as a witness.	86003

The clerk of the court shall pay every fine collected under	86004
division (J)(2) of this section to the political subdivision in	86005
which the violation occurred. Except as provided in division	86006
(J)(2) of this section, the political subdivision shall use the	86007
fine moneys it receives under division (J)(2) of this section to	86008
pay the expenses it incurs in complying with the signage and	86009
notice requirements contained in division (E) of this section. The	86010
political subdivision may use up to fifty per cent of each fine it	86011
receives under division (J)(2) of this section to pay the costs of	86012
educational, advocacy, support, and assistive technology programs	86013
for persons with disabilities, and for public improvements within	86014
the political subdivision that benefit or assist persons with	86015
disabilities, if governmental agencies or nonprofit organizations	86016
offer the programs.	86017

(3) Whoever violates division (H) of this section shall be	86018
punished as follows:	86019

(a) Except as otherwise provided in division (J)(3) of this	86020
section, the offender shall be issued a warning.	86021

(b) If the offender previously has been convicted of or	86022
pleaded guilty to a violation of division (H) of this section or	86023
of a municipal ordinance that is substantially similar to that	86024
division, the offender shall not be issued a warning but shall be	86025
fined not more than twenty-five dollars for each parking location	86026
that is not properly marked or whose markings are not properly	86027
maintained.	86028

(K) As used in this section:

86029

(1) "Handicapped person" means any person who has lost the	86030
use of one or both legs or one or both arms, who is blind, deaf,	86031
or so severely handicapped as to be unable to move without the aid	86032
of crutches or a wheelchair, or whose mobility is restricted by a	86033
permanent cardiovascular, pulmonary, or other handicapping	86034
condition.	86035

(2) "Person with a disability that limits or impairs the	86036
ability to walk" has the same meaning as in section 4503.44 of the	86037
Revised Code.	86038

(3) "Special license plates" and "removable windshield	86039
placard" mean any license plates or removable windshield placard	86040
or temporary removable windshield placard issued under section	86041
4503.41 or 4503.44 of the Revised Code, and also mean any	86042
substantially similar license plates or removable windshield	86043
placard or temporary removable windshield placard issued by a	86044
state, district, country, or sovereignty.	86045

Sec. 4511.85. (A) The operator of a chauffeured limousine	86046
shall accept passengers only on the basis of prearranged	86047
contracts, as defined in division (LL) of section 4501.01 of the	86048
Revised Code, and shall not cruise in search of patronage unless	86049
the limousine is in compliance with any statute or ordinance	86050
governing the operation of taxicabs or other similar vehicles for	86051
hire.	86052

(B) The operator of a chauffeured limousine may provide	86053
transportation to passengers who arrange for the transportation	86054
through an intermediary, including a digital dispatching service.	86055
Notwithstanding any law to the contrary, when providing	86056
transportation arranged through an intermediary, the operator of a	86057
chauffeured limousine may establish the fare and method of fare	86058
calculation, so long as the method of fare calculation is provided	86059
to the passenger upon request.	86060

(C) No person shall advertise or hold self out as doing	86061
business as a limousine service or livery service or other similar	86062
designation unless each vehicle used by the person to provide the	86063
service is registered in accordance with section 4503.24 of the	86064
Revised Code and is in compliance with section 4509.80 of the	86065
Revised Code.	86066

~~(C)~~(D) Whoever violates this section is guilty of a	86067
misdemeanor of the first degree.	86068

Sec. 4513.34. (A)(1) The director of transportation with	86069
respect to all highways that are a part of the state highway	86070
system and local authorities with respect to highways under their	86071
jurisdiction, upon application in writing, shall issue a special	86072
regional heavy hauling permit authorizing the applicant to operate	86073
or move a vehicle or combination of vehicles as follows:	86074

(a) At a size or weight of vehicle or load exceeding the	86075
maximum specified in sections 5577.01 to 5577.09 of the Revised	86076
Code, or otherwise not in conformity with sections 4513.01 to	86077
4513.37 of the Revised Code;	86078

(b) Upon any highway under the jurisdiction of the authority	86079
granting the permit except those highways with a condition	86080
insufficient to bear the weight of the vehicle or combination of	86081
vehicles as stated in the application;	86082

(c) For regional trips at distances of one hundred fifty	86083
miles or less from a facility stated on the application as the	86084
applicant's point of origin.	86085

Issuance of a special regional heavy hauling permit is	86086
subject to the payment of a fee established by the director or	86087
local authority in accordance with this section.	86088

(2) In circumstances where a person is not eligible to	86089
receive a permit under division (A)(1) of this section, the	86090
director of transportation with respect to all highways that are a	86091
part of the state highway system and local authorities with	86092
respect to highways under their jurisdiction, upon application in	86093
writing and for good cause shown, may issue a special permit in	86094
writing authorizing the applicant to operate or move a vehicle or	86095
combination of vehicles of a size or weight of vehicle or load	86096
exceeding the maximum specified in sections 5577.01 to 5577.09 of	86097
the Revised Code, or otherwise not in conformity with sections	86098
4513.01 to 4513.37 of the Revised Code, upon any highway under the	86099
jurisdiction of the authority granting the permit.	86100

(3) For purposes of this section, the director may designate	86101
certain state highways or portions of state highways as special	86102
economic development highways. If an application submitted to the	86103
director under this section involves travel of a nonconforming	86104
vehicle or combination of vehicles upon a special economic	86105
development highway, the director, in determining whether good	86106
cause has been shown that issuance of a permit is justified, shall	86107
consider the effect the travel of the vehicle or combination of	86108
vehicles will have on the economic development in the area in	86109
which the designated highway or portion of highway is located.	86110

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	86111
Code, the holder of a permit issued by the director under this	86112
section may move the vehicle or combination of vehicles described	86113
in the permit on any highway that is a part of the state highway	86114
system when the movement is partly within and partly without the	86115
corporate limits of a municipal corporation. No local authority	86116
shall require any other permit or license or charge any license	86117
fee or other charge against the holder of a permit for the	86118
movement of a vehicle or combination of vehicles on any highway	86119
that is a part of the state highway system. The director shall not	86120
require the holder of a permit issued by a local authority to	86121
obtain a special permit for the movement of vehicles or	86122
combination of vehicles on highways within the jurisdiction of the	86123
local authority. Permits may be issued for any period of time not	86124
to exceed one year, as the director in the director's discretion	86125
or a local authority in its discretion determines advisable, or	86126
for the duration of any public construction project.	86127

(C)(1) The application for a permit issued under this section	86128
shall be in the form that the director or local authority	86129
prescribes. The director or local authority may prescribe a permit	86130
fee to be imposed and collected when any permit described in this	86131
section is issued. The permit fee may be in an amount sufficient	86132
to reimburse the director or local authority for the	86133
administrative costs incurred in issuing the permit, and also to	86134
cover the cost of the normal and expected damage caused to the	86135
roadway or a street or highway structure as the result of the	86136
operation of the nonconforming vehicle or combination of vehicles.	86137
The director, in accordance with Chapter 119. of the Revised Code,	86138
shall establish a schedule of fees for permits issued by the	86139
director under this section; however, the fee to operate a triple	86140
trailer unit, at locations authorized under federal law, shall be	86141
one hundred dollars.	86142

(2) For the purposes of this section and of rules adopted by	86143
the director under this section, milk transported in bulk by	86144
vehicle is deemed a nondivisible load.	86145

(3) For purposes of this section and of rules adopted by the	86146
director under this section, three or fewer aluminum coils,	86147
transported by a vehicle, are deemed a nondivisible load. The	86148
director shall adopt rules establishing requirements for an	86149
aluminum coil permit that are substantially similar to the	86150
requirements for a steel coil permit under Chapter 5501:2-1 of the	86151
Administrative Code.	86152

(D) The director or a local authority shall issue a special	86153
regional heavy hauling permit under division (A)(1) of this	86154
section upon application and payment of the applicable fee.	86155
However, the director or local authority may issue or withhold a	86156
special permit specified in division (A)(2) of this section. If a	86157
permit is to be issued, the director or local authority may limit	86158
or prescribe conditions of operation for the vehicle and may	86159
require the posting of a bond or other security conditioned upon	86160
the sufficiency of the permit fee to compensate for damage caused	86161
to the roadway or a street or highway structure. In addition, a	86162
local authority, as a condition of issuance of an overweight	86163
permit, may require the applicant to develop and enter into a	86164
mutual agreement with the local authority to compensate for or to	86165
repair excess damage caused to the roadway by travel under the	86166
permit.	86167

For a permit that will allow travel of a nonconforming	86168
vehicle or combination of vehicles on a special economic	86169
development highway, the director, as a condition of issuance, may	86170
require the applicant to agree to make periodic payments to the	86171
department to compensate for damage caused to the roadway by	86172
travel under the permit.	86173

(E) Every permit issued under this section shall be carried	86174
in the vehicle or combination of vehicles to which it refers and	86175
shall be open to inspection by any police officer or authorized	86176
agent of any authority granting the permit. No person shall	86177
violate any of the terms of a permit.	86178

(F) The director may debar an applicant from applying for a	86179
permit under this section upon a finding based on a reasonable	86180
belief that the applicant has done any of the following:	86181

(1) Abused the process by repeatedly submitting false	86182
information or false travel plans or by using another company or	86183
individual's name, insurance, or escrow account without proper	86184
authorization;	86185

(2) Failed to comply with or substantially perform under a	86186
previously issued permit according to its terms, conditions, and	86187
specifications within specified time limits;	86188

(3) Failed to cooperate in the application process for the	86189
permit or in any other procedures that are related to the issuance	86190
of the permit by refusing to provide information or documents	86191
required in a permit or by failing to respond to and correct	86192
matters related to the permit;	86193

(4) Accumulated repeated justified complaints regarding	86194
performance under a permit that was previously issued to the	86195
applicant or previously failed to obtain a permit when such a	86196
permit was required;	86197

(5) Attempted to influence a public employee to breach	86198
ethical conduct standards;	86199

(6) Been convicted of a criminal offense related to the	86200
application for, or performance under, a permit, including, but	86201
not limited to, bribery, falsification, fraud or destruction of	86202
records, receiving stolen property, and any other offense that	86203
directly reflects on the applicant's integrity or commercial	86204
driver's license;	86205

(7) Accumulated repeated convictions under a state or federal	86206
safety law governing commercial motor vehicles or a rule or	86207
regulation adopted under such a law;	86208

(8) Accumulated repeated convictions under a law, rule, or	86209
regulation governing the movement of traffic over the public	86210
streets and highways;	86211

(9) Failed to pay any fees associated with any permitted	86212
operation or move;	86213

(10) Deliberately or willfully submitted false or misleading	86214
information in connection with the application for, or performance	86215
under, a permit issued under this section.	86216

If the applicant is a partnership, association, or	86217
corporation, the director also may debar from consideration for	86218
permits any partner of the partnership, or the officers,	86219
directors, or employees of the association or corporation being	86220
debarred.	86221

The director may adopt rules in accordance with Chapter 119.	86222
of the Revised Code governing the debarment of an applicant.	86223

(G) When the director reasonably believes that grounds for	86224
debarment exist, the director shall send the person that is	86225
subject to debarment a notice of the proposed debarment. A notice	86226
of proposed debarment shall indicate the grounds for the debarment	86227
of the person and the procedure for requesting a hearing. The	86228
notice and hearing shall be in accordance with Chapter 119. of the	86229
Revised Code. If the person does not respond with a request for a	86230
hearing in the manner specified in that chapter, the director	86231
shall issue the debarment decision without a hearing and shall	86232
notify the person of the decision by certified mail, return	86233
receipt requested. The debarment period may be of any length	86234
determined by the director, and the director may modify or rescind	86235
the debarment at any time. During the period of debarment, the	86236
director shall not issue, or consider issuing, a permit under this	86237
section to any partnership, association, or corporation that is	86238
affiliated with a debarred person. After the debarment period	86239
expires, the person, and any partnership, association, or	86240
corporation affiliated with the person, may reapply for a permit.	86241

(H)(1) No person shall violate the terms of a permit issued	86242
under this section that relate to gross load limits.	86243

(2) No person shall violate the terms of a permit issued	86244
under this section that relate to axle load by more than two	86245
thousand pounds per axle or group of axles.	86246

(3) No person shall violate the terms of a permit issued	86247
under this section that relate to an approved route except upon	86248
order of a law enforcement officer or authorized agent of the	86249
issuing authority.	86250

(I) Whoever violates division (H) of this section shall be	86251
punished as provided in section 4513.99 of the Revised Code.	86252

(J) A permit issued by the department of transportation or a	86253
local authority under this section for the operation of a vehicle	86254
or combination of vehicles is valid for the purposes of the	86255
vehicle operation in accordance with the conditions and	86256
limitations specified on the permit. Such a permit is voidable by	86257
law enforcement only for operation of a vehicle or combination of	86258
vehicles in violation of the weight, dimension, or route	86259
provisions of the permit. However, a permit is not voidable for	86260
operation in violation of a route provision of a permit if the	86261
operation is upon the order of a law enforcement officer.	86262

Sec. 4701.03. (A) The accountancy board annually shall elect	86263
a president, secretary, and treasurer from its members. The board	86264
may adopt and amend rules for the orderly conduct of its affairs	86265
and for the administration of this chapter. The board may adopt	86266
and amend rules defining the practice of public accounting, rules	86267
of professional conduct appropriate to establish and maintain a	86268
high standard of integrity and dignity in registrants and	86269
certificate holders under this chapter, and rules regulating the	86270
sole proprietorship, partnership, limited liability company,	86271
professional association, corporation-for-profit, or other legal	86272
entity practice of public accounting. A majority of the board	86273
shall constitute a quorum for the transaction of business.	86274

(B) The board shall keep and hold open for public inspection	86275
all records of its proceedings.	86276

(C) The board may employ any clerks that are necessary to	86277
assist it in the performance of its duties and the keeping of its	86278
records. If the board employs an executive director, the board	86279
shall pay the executive director ~~shall be paid~~ in accordance with	86280
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	86281
~~Code, or, if the director was employed and being paid on June 28,~~	86282
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	86283
~~former section 124.152 of the Revised Code and continued to be so~~	86284
~~paid on June 29, 2003, the executive director shall be paid in~~	86285
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	86286
~~only of~~ section 124.152 of the Revised Code.	86287

Sec. 4707.02. (A) No person shall act as an auction firm,	86288
auctioneer, apprentice auctioneer, or special auctioneer within	86289
this state without a license issued by the department of	86290
agriculture. No auction shall be conducted in this state except by	86291
an auctioneer licensed by the department.	86292

The department shall not issue or renew a license if the	86293
applicant or licensee has been convicted of a felony or crime	86294
involving fraud or theft in this or another state at any time	86295
during the ten years immediately preceding application or renewal.	86296

(B) Division (A) of this section does not apply to any of the	86297
following:	86298

(1) Sales at auction that either are required by law to be at	86299
auction, other than sales pursuant to a judicial order or decree,	86300
or are conducted by or under the direction of a public authority;	86301

(2) The owner of any real or personal property desiring to	86302
sell the property at auction, provided that the property was not	86303
acquired for the purpose of resale;	86304

(3) An auction mediation company;

86305

(4) An auction that is conducted in a course of study for	86306
auctioneers that is approved by the state auctioneers commission	86307
created under section 4707.03 of the Revised Code for purposes of	86308
student training and is supervised by a licensed auctioneer;	86309

(5)(a) An auction that is sponsored by a nonprofit or	86310
charitable organization that is registered in this state under	86311
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	86312
if the auction only involves the property of the members of the	86313
organization and the auction is part of a fair that is organized	86314
by an agricultural society under Chapter 1711. of the Revised Code	86315
or by the Ohio expositions commission under Chapter 991. of the	86316
Revised Code at which an auctioneer who is licensed under this	86317
chapter physically conducts the auction; or	86318

(b) Sales at an auction sponsored by a charitable, religious,	86319
or civic organization that is tax exempt under subsection	86320
501(c)(3) of the Internal Revenue Code, or by a public school,	86321
chartered nonpublic school, or community school, if no person in	86322
the business of organizing, arranging, or conducting an auction	86323
for compensation and no consignor of consigned items sold at the	86324
auction, except such organization or school, receives compensation	86325
from the proceeds of the auction. As used in division (B)(5)(b) of	86326
this section, "compensation" means money, a thing of value other	86327
than participation in a charitable event, or a financial benefit.	86328

(6) A person licensed as a livestock dealer under Chapter	86329
943. of the Revised Code who exclusively sells livestock and uses	86330
an auctioneer who is licensed under this chapter to conduct the	86331
auction;	86332

(7) A person licensed as a motor vehicle auction owner under	86333
Chapter 4517. of the Revised Code who exclusively sells motor	86334
vehicles to a person licensed under Chapter 4517. of the Revised	86335
Code and who uses an auctioneer who is licensed under this chapter	86336
to conduct the auction;	86337

(8) A person who sells real or personal property by means of	86338
the internet;	86339

(9) A bid calling contest that is approved by the commission	86340
and that is conducted for the purposes of the advancement or	86341
promotion of the auction profession in this state, provided that	86342
no compensation is paid to the sponsor of or participants in the	86343
contest other than a prize or award for winning the contest;	86344

(10) An auction at which the champion of a national or	86345
international bid calling contest appears, provided that both of	86346
the following apply:	86347

(a) The champion is not paid a commission.

86348

(b) The auction is conducted under the direct supervision of	86349
an auctioneer licensed under this chapter in order to ensure that	86350
the champion complies with this chapter and rules adopted under	86351
it.	86352

(C)(1) No person shall advertise or hold oneself out as an	86353
auction firm, auctioneer, apprentice auctioneer, or special	86354
auctioneer without a license issued by the department of	86355
agriculture.	86356

(2) Division (C)(1) of this section does not apply to an	86357
individual who is the subject of an advertisement regarding an	86358
auction conducted under division (B)(5)(b) of this section.	86359

Sec. 4707.073. (A) No corporation, limited liability company,	86360
general or limited partnership, or unincorporated association	86361
shall act or hold itself out as an auctioneer without a valid	86362
auctioneer's license issued under this section. This section does	86363
not apply to a person who is issued a license under section	86364
4707.071 of the Revised Code.	86365

(B) The department of agriculture may grant an auctioneer's	86366
license to a corporation, limited liability company, general or	86367
limited partnership, or unincorporated association that is	86368
determined to be qualified by the department. Every applicant for	86369
a license under this section shall furnish to the department, on	86370
forms provided by the department, satisfactory proof that the	86371
applicant:	86372

(1) Is in good standing with the secretary of state if the	86373
applicant is a corporation;	86374

(2) Is of trustworthy character;

86375

(3) Has provided proof of financial responsibility as	86376
required in section 4707.11 of the Revised Code;	86377

(4) Is registered with the secretary of state or a local	86378
authority, as applicable, to do business in this state;	86379

(5) Has complied with any other requirement that the director	86380
establishes in rules adopted under section 4707.19 of the Revised	86381
Code.	86382

(C) An application submitted under this section shall list	86383
the names of all of the owners, directors, partners, or members of	86384
the applicant, as applicable, and shall indicate those that have	86385
an auctioneer's license issued under section 4707.07 of the	86386
Revised Code.	86387

(D)~~(1)~~ The department shall not issue a license under this	86388
section unless one of the following applies, as applicable:	86389

~~(a)~~(1) If the applicant is a limited liability company or a	86390
general or limited partnership, not less than fifty per cent of	86391
the members or general partners have a current license issued	86392
under section 4707.07 of the Revised Code.	86393

~~(b)~~(2) If the applicant is a corporation, not less than fifty	86394
per cent of the directors and the president or chief executive	86395
have a current license issued under section 4707.07 of the Revised	86396
Code.	86397

~~(c)~~(3) If the applicant is an unincorporated association, not	86398
less than fifty per cent of the members have a current license	86399
issued under section 4707.07 of the Revised Code.	86400

Failure of a corporation, limited liability company,	86401
partnership, or unincorporated association to maintain the	86402
applicable requirements of this division after the issuance of a	86403
license under this section may be sufficient cause for the	86404
revocation of the license under section 4707.15 of the Revised	86405
Code.	86406

~~(2) Not later than two years after the effective date of this~~	86407
~~section, a corporation, partnership, or unincorporated association~~	86408
~~that was issued a license under section 4707.07 of the Revised~~	86409
~~Code on or before the effective date of this section shall comply~~	86410
~~with the requirements established in division (D)(1) of this~~	86411
~~section. If such a corporation, partnership, or unincorporated~~	86412
~~association fails to comply with those requirements, the license~~	86413
~~of the corporation, partnership, or unincorporated association~~	86414
~~immediately shall terminate.~~	86415

(E) Upon the issuance of a license under this section, a	86416
corporation, limited liability company, partnership, or	86417
unincorporated association shall designate an individual from	86418
among its directors, partners, or members who is licensed under	86419
section 4707.07 of the Revised Code as its agent for purposes of	86420
communication with the department. If that individual ceases to be	86421
the agent, the corporation, limited liability company,	86422
partnership, or unincorporated association shall notify the	86423
department not later than ten days after the day on which the	86424
individual ceases to be the agent. Upon notification to the	86425
department, the license of the corporation, limited liability	86426
company, partnership, or unincorporated association, as	86427
applicable, immediately shall terminate. If the corporation,	86428
limited liability company, partnership, or unincorporated	86429
association notifies the department of the designation of a new	86430
agent in accordance with the requirements of this division and	86431
pays a fee in the amount of ten dollars, the department shall	86432
issue the corporation, limited liability company, partnership, or	86433
unincorporated association a new license.	86434

(F) This section does not preclude a corporation, limited	86435
liability company, partnership, or unincorporated association from	86436
selling real property at auction, provided that the requirements	86437
of this section and section 4707.021 and Chapter 4735. of the	86438
Revised Code are satisfied.	86439

(G) A person licensed as a real estate broker under Chapter	86440
4735. of the Revised Code shall not be required to obtain a	86441
license under this section if the person complies with sections	86442
4707.021 and 4707.22 of the Revised Code.	86443

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	86444
or auction firm license issued by the department of agriculture is	86445
one hundred dollars, and the annual renewal fee for any such	86446
license is one hundred dollars. All licenses expire annually on	86447
the last day of June of each year and shall be renewed according	86448
to the standard renewal procedures of Chapter 4745. of the Revised	86449
Code, or the procedures of this section. Any licensee under this	86450
chapter who wishes to renew the licensee's license, but fails to	86451
do so before the first day of July shall reapply for licensure in	86452
the same manner and pursuant to the same requirements as for	86453
initial licensure, unless before the first day of September of the	86454
year of expiration, the former licensee pays to the department, in	86455
addition to the regular renewal fee, a late renewal penalty of one	86456
hundred dollars.	86457

(B)(1) Each person to whom the department issues an	86458
auctioneer's license or special auctioneer's license shall pay a	86459
licensure fee. Those licenses are biennial and expire in	86460
accordance with the schedule established in division (B)(2) of	86461
this section. If such a license is issued during the first year of	86462
a biennium, the licensee shall pay a fee in the amount of two	86463
hundred dollars. If the license is issued during the second year	86464
of a biennium, the licensee shall pay a fee in the amount of one	86465
hundred dollars. With respect to an auctioneer's license, the fees	86466
apply regardless of whether the license is issued to an individual	86467
under section 4707.07 of the Revised Code or to a corporation,	86468
limited liability company, partnership, or association under	86469
section 4707.073 of the Revised Code.	86470

All auctioneer's licenses and special auctioneer's licenses	86471
expire on the last day of June of the biennium. The licenses shall	86472
be renewed in accordance with the standard renewal procedures of	86473
Chapter 4745. of the Revised Code or the procedures in this	86474
section and upon the licensee's payment to the department of a	86475
renewal fee of two hundred dollars. A licensee who wishes to renew	86476
the licensee's license, but who fails to do so before the first	86477
day of July following the license's expiration, shall reapply for	86478
licensure in the same manner and pursuant to the same requirements	86479
as for the initial licensure unless before the first day of	86480
September following the expiration, the former licensee pays to	86481
the department, in addition to the regular renewal fee, a late	86482
renewal penalty of one hundred dollars.	86483

(2) The biennial expiration of an auctioneer's license or	86484
special auctioneer's license shall occur in accordance with the	86485
following schedule:	86486

(a) The license shall expire in odd-numbered years if the	86487
business name or last name, as applicable, of the licensee begins	86488
with the letters "A" through "J" or with the letters "X" through	86489
"Z."	86490

(b) The license shall expire in even-numbered years if the	86491
business name or last name, as applicable, of the licensee begins	86492
with the letters "K" through "W."	86493

(C) Any person who fails to renew the person's license before	86494
the first day of July is prohibited from engaging in any activity	86495
specified or comprehended in section 4707.01 of the Revised Code	86496
until such time as the person's license is renewed or a new	86497
license is issued. Renewal of a license between the first day of	86498
July and the first day of September does not relieve any person	86499
from complying with this division. The department may refuse to	86500
renew the license of or issue a new license to any person who	86501
violates this division.	86502

(D) The department shall prepare and deliver to each licensee	86503
a permanent license certificate and an identification card, the	86504
appropriate portion of which shall be carried on the person of the	86505
licensee at all times when engaged in any type of auction	86506
activity, and part of which shall be posted with the permanent	86507
certificate in a conspicuous location at the licensee's place of	86508
business.	86509

(E) Notice in writing shall be given to the department by	86510
each auctioneer or apprentice auctioneer licensee of any change of	86511
principal business location or any change or addition to the name	86512
or names under which business is conducted, whereupon the	86513
department shall issue a new license for the unexpired period. Any	86514
change of business location or change or addition of names without	86515
notification to the department shall automatically cancel any	86516
license previously issued. For each new ~~auctioneer~~auctioneer's or	86517
apprentice ~~auctioneer~~auctioneer's license issued upon the	86518
occasion of a change in business location or a change in or an	86519
addition of names under which business is conducted, the	86520
department may collect a fee of ten dollars for each change in	86521
location, or name or each added name unless the notification of	86522
the change occurs concurrently with the renewal application or	86523
unless otherwise provided in section 4707.07 of the Revised Code.	86524

Sec. 4709.11. Every license issued pursuant to this chapter	86525
expires on the thirty-first day of August of each even-numbered	86526
year. Each licensee desiring to do so shall, on or before the	86527
first day of September of each even-numbered year, renew ~~his~~the	86528
licensee's license pursuant to the standard renewal procedure of	86529
Chapter 4745. of the Revised Code. Any holder of an expired	86530
license shall restore ~~his~~the holder's license before continuing	86531
the practice of barbering or the activity for which hethe holder	86532
is licensed under this chapter and pay the appropriate restoration	86533
fee. If the person fails to restore ~~his~~the person's license	86534
within ~~three~~six years, hethe person shall pay any required	86535
restoration fee and take any examination required for the license	86536
under this chapter.	86537

Sec. 4713.08. (A) The state board of cosmetology shall adopt	86538
rules in accordance with Chapter 119. of the Revised Code as	86539
necessary to implement this chapter. The rules shall do all of the	86540
following:	86541

(1) Govern the practice of the branches of cosmetology and	86542
management of salons;	86543

(2) Specify conditions a person must satisfy to qualify for a	86544
temporary pre-examination work permit under section 4713.22 of the	86545
Revised Code and the conditions and method of renewing a temporary	86546
pre-examination work permit under that section;	86547

(3) Provide for the conduct of examinations under section	86548
4713.24 of the Revised Code;	86549

(4) Specify conditions under which the board will take into	86550
account, under section 4713.32 of the Revised Code, instruction an	86551
applicant for a license under section 4713.28, 4713.30, or 4713.31	86552
of the Revised Code received more than five years before the date	86553
of application for the license;	86554

(5) Provide for the granting of waivers under section 4713.29	86555
of the Revised Code;	86556

(6) Specify conditions an applicant must satisfy for the	86557
board to issue the applicant a license under section 4713.34 of	86558
the Revised Code without the applicant taking an examination	86559
conducted under section 4713.24 of the Revised Code;	86560

(7) Specify locations in which glamour photography services	86561
in which a branch of cosmetology is practiced may be provided;	86562

(8) Establish conditions and the fee for a temporary special	86563
occasion work permit under section 4713.37 of the Revised Code and	86564
specify the amount of time such a permit is valid;	86565

(9) Specify conditions an applicant must satisfy for the	86566
board to issue the applicant an independent contractor license	86567
under section 4713.39 of the Revised Code and the fee for issuance	86568
and renewal of the license;	86569

(10) Establish conditions under which food may be sold at a	86570
salon;	86571

(11) Specify which professions regulated by a professional	86572
regulatory board of this state may be practiced in a salon under	86573
section 4713.42 of the Revised Code;	86574

(12) Establish standards for the provision of cosmetic	86575
therapy, massage therapy, or other professional service in a salon	86576
pursuant to section 4713.42 of the Revised Code;	86577

(13) Establish standards for board approval of, and the	86578
granting of credits for, training in branches of cosmetology at	86579
schools of cosmetology licensed in this state;	86580

(14) Establish the manner in which a school of cosmetology	86581
licensed under section 4713.44 of the Revised Code may offer	86582
post-secondary and advanced practice programs;	86583

(15) Establish sanitary standards for the practice of the	86584
branches of cosmetology, salons, and schools of cosmetology;	86585

~~(15)~~(16) Establish the application process for obtaining a	86586
tanning facility permit under section 4713.48 of the Revised Code,	86587
including the amount of the fee for an initial or renewed permit;	86588

~~(16)~~(17) Establish standards for installing and operating a	86589
tanning facility in a manner that ensures the health and safety of	86590
consumers, including standards that do all of the following:	86591

(a) Establish a maximum safe time of exposure to radiation	86592
and a maximum safe temperature at which sun lamps may be operated;	86593

(b) Require consumers to wear protective eyeglasses and be	86594
supervised as to the length of time consumers use the facility;	86595

(c) Require the operator to prohibit consumers from standing	86596
too close to sun lamps and to post signs warning consumers of the	86597
potential effects of radiation on persons taking certain	86598
medications and of the possible relationship of the radiation to	86599
skin cancer;	86600

(d) Require the installation of protective shielding for sun	86601
lamps and handrails for consumers;	86602

(e) Require floors to be dry during operation of lamps;

86603

(f) Require a consumer who is under the age of eighteen to	86604
obtain written consent from the consumer's parent or legal	86605
guardian prior to receiving tanning services.	86606

~~(17)~~(18)(a) If the board, under section 4713.61 of the	86607
Revised Code, develops a procedure for classifying licenses	86608
inactive, do both of the following:	86609

(i) Establish a fee for having a license classified inactive	86610
that reflects the cost to the board of providing the inactive	86611
license service;	86612

(ii) Specify the continuing education that a person whose	86613
license has been classified inactive must complete to have the	86614
license restored. The continuing education shall be sufficient to	86615
ensure the minimum competency in the use or administration of a	86616
new procedure or product required by a licensee necessary to	86617
protect public health and safety. The requirement shall not exceed	86618
the cumulative number of hours of continuing education that the	86619
person would have been required to complete had the person	86620
retained an active license.	86621

(b) In addition, the board may specify the conditions and	86622
method for granting a temporary work permit to practice a branch	86623
of cosmetology to a person whose license has been classified	86624
inactive.	86625

~~(18)~~(19) Establish a fee for approval of a continuing	86626
education program under section 4713.62 of the Revised Code that	86627
is adequate to cover any expense the board incurs in the approval	86628
process;	86629

~~(19)~~(20) Anything else necessary to implement this chapter.

86630

(B)(1) The rules adopted under division (A)(2) of this	86631
section may establish additional conditions for a temporary	86632
pre-examination work permit under section 4713.22 of the Revised	86633
Code that are applicable to persons who practice a branch of	86634
cosmetology in another state or country.	86635

(2) The rules adopted under division (A)~~(17)~~(18)(b) of this	86636
section may establish additional conditions for a temporary work	86637
permit that are applicable to persons who practice a branch of	86638
cosmetology in another state.	86639

(C) The conditions specified in rules adopted under division	86640
(A)(6) of this section may include that an applicant is applying	86641
for a license to practice a branch of cosmetology for which the	86642
board determines an examination is unnecessary.	86643

(D) The rules adopted under division (A)(11) of this section	86644
shall not include a profession if practice of the profession in a	86645
salon is a violation of a statute or rule governing the	86646
profession.	86647

(E) The sanitary standards established under division	86648
(A)~~(14)~~(15) of this section shall focus in particular on	86649
precautions to be employed to prevent infectious or contagious	86650
diseases being created or spread. The board shall consult with the	86651
Ohio department of health when establishing the sanitary	86652
standards.	86653

(F) The fee established by rules adopted under division	86654
(A)~~(15)~~(16) of this section shall cover the cost the board incurs	86655
in inspecting tanning facilities and enforcing the board's rules	86656
but may not exceed one hundred dollars per location of such	86657
facilities.	86658

Sec. 4713.44. (A) The state board of cosmetology shall issue	86659
a license to operate a school of cosmetology to an applicant who	86660
pays the applicable fee and satisfies all of the following	86661
requirements:	86662

~~(A)~~(1) Maintains a course of practical training and technical	86663
instruction for the branch or branches of cosmetology to be taught	86664
at the school equal to the requirements for admission to an	86665
examination under section 4713.24 of the Revised Code that a	86666
person must pass to obtain a license to practice that branch or	86667
those branches of cosmetology;	86668

~~(B)~~(2) Possesses or makes available apparatus and equipment	86669
sufficient for the ready and full teaching of all subjects of the	86670
curriculum;	86671

~~(C)~~(3) Maintains persons licensed under section 4713.31 or	86672
4713.34 of the Revised Code to teach the theory and practice of	86673
the branches of cosmetology;	86674

~~(D)~~(4) Notifies the board of the enrollment of each new	86675
student, keeps a record devoted to the different practices,	86676
establishes grades, and holds examinations in order to certify the	86677
students' completion of the prescribed course of study before the	86678
issuance of certificates of completion;	86679

~~(E)~~(5) In the case of a school of cosmetology that offers	86680
clock hours for the purpose of satisfying minimum hours of	86681
training and instruction, keeps a daily record of the attendance	86682
of each student;	86683

~~(F)~~(6) On the date that an apprentice cosmetology instructor	86684
begins cosmetology instructor training at the school, certifies	86685
the name of the apprentice cosmetology instructor to the board	86686
along with the date on which the apprentice's instructor training	86687
began;	86688

~~(G)~~(7) Instructs not more than six apprentice cosmetology	86689
instructors at any one time;	86690

~~(H)~~(8) Files with the board a good and sufficient surety bond	86691
executed by the person, firm, or corporation operating the school	86692
of cosmetology as principal and by a surety company as surety in	86693
the amount of ten thousand dollars; provided, that this	86694
requirement does not apply to a vocational program conducted by a	86695
city, exempted village, local, or joint vocational school	86696
district. The bond shall be in the form prescribed by the board	86697
and be conditioned upon the school's continued instruction in the	86698
theory and practice of the branches of cosmetology. Every bond	86699
shall continue in effect until notice of its termination is given	86700
to the board by registered mail and every bond shall so provide.	86701

(9) Establishes and maintains an internal procedure for	86702
processing complaints filed against the school and for providing	86703
students with instructions on how to file a complaint directly	86704
with the board pursuant to section 4713.641 of the Revised Code.	86705

(B) A school of cosmetology holding a license issued under	86706
division (A) of this section is an educational institution and is	86707
authorized to offer educational programs beyond secondary	86708
education, advanced practice programs, or both in accordance with	86709
rules adopted by the board pursuant to section 4713.08 of the	86710
Revised Code.	86711

(C) A school of cosmetology holding a license to operate a	86712
school of cosmetology on the effective date of this amendment	86713
shall establish and maintain an internal procedure for processing	86714
complaints filed against the school and shall provide each of the	86715
school's students with instructions on how to file a complaint	86716
directly with the board pursuant to section 4713.641 of the	86717
Revised Code.	86718

Sec. 4713.641. Any student or former student of a school of	86719
cosmetology licensed under division (A) of section 4713.44 of the	86720
Revised Code may file a complaint with the state board of	86721
cosmetology alleging that the school has violated division (A) of	86722
section 4713.64 of the Revised Code. The complaint shall be in	86723
writing and signed by the person bringing the complaint. Upon	86724
receiving a complaint, the board shall initiate a preliminary	86725
investigation to determine whether it is probable that a violation	86726
was committed. If the board determines after preliminary	86727
investigation that it is not probable that a violation was	86728
committed, the board shall notify the person who filed the	86729
complaint of the board's findings and that the board will not	86730
issue a formal complaint in the matter. If the board determines	86731
after a preliminary investigation that it is probable that a	86732
violation was committed, the board shall proceed against the	86733
school pursuant to the board's authority under section 4713.64 of	86734
the Revised Code and in accordance with the hearing and notice	86735
requirements prescribed in Chapter 119. of the Revised Code.	86736

Sec. 4715.22. (A)(1) This section applies only when a	86737
licensed dental hygienist is not practicing under a permit issued	86738
pursuant to section 4715.363 of the Revised Code authorizing	86739
practice under the oral health access supervision of a dentist.	86740

(2) As used in this section, "health care facility" means	86741
either of the following:	86742

(a) A hospital registered under section 3701.07 of the	86743
Revised Code;	86744

(b) A "home" as defined in section 3721.01 of the Revised	86745
Code.	86746

(B) A licensed dental hygienist shall practice under the	86747
supervision, order, control, and full responsibility of a dentist	86748
licensed under this chapter. A dental hygienist may practice in a	86749
dental office, public or private school, health care facility,	86750
dispensary, or public institution. Except as provided in division	86751
(C) or (D) of this section, a dental hygienist may not provide	86752
dental hygiene services to a patient when the supervising dentist	86753
is not physically present at the location where the dental	86754
hygienist is practicing.	86755

(C) A dental hygienist may provide, for not more than fifteen	86756
consecutive business days, dental hygiene services to a patient	86757
when the supervising dentist is not physically present at the	86758
location at which the services are provided if all of the	86759
following requirements are met:	86760

(1) The dental hygienist has at least two years and a minimum	86761
of three thousand hours of experience in the practice of dental	86762
hygiene.	86763

(2) The dental hygienist has successfully completed a course	86764
approved by the state dental board in the identification and	86765
prevention of potential medical emergencies.	86766

(3) The dental hygienist complies with written protocols for	86767
emergencies the supervising dentist establishes.	86768

(4) The dental hygienist does not perform, while the	86769
supervising dentist is absent from the location, procedures while	86770
the patient is anesthetized, definitive root planing, definitive	86771
subgingival curettage, or other procedures identified in rules the	86772
state dental board adopts.	86773

(5) The supervising dentist has evaluated the dental	86774
hygienist's skills.	86775

(6) The supervising dentist examined the patient not more	86776
than seven months prior to the date the dental hygienist provides	86777
the dental hygiene services to the patient.	86778

(7) The dental hygienist complies with written protocols or	86779
written standing orders that the supervising dentist establishes.	86780

(8) The supervising dentist completed and evaluated a medical	86781
and dental history of the patient not more than one year prior to	86782
the date the dental hygienist provides dental hygiene services to	86783
the patient and, except when the dental hygiene services are	86784
provided in a health care facility, the supervising dentist	86785
determines that the patient is in a medically stable condition.	86786

(9) If the dental hygiene services are provided in a health	86787
care facility, a doctor of medicine and surgery or osteopathic	86788
medicine and surgery who holds a current certificate issued under	86789
Chapter 4731. of the Revised Code or a registered nurse licensed	86790
under Chapter 4723. of the Revised Code is present in the health	86791
care facility when the services are provided.	86792

(10) In advance of the appointment for dental hygiene	86793
services, the patient is notified that the supervising dentist	86794
will be absent from the location and that the dental hygienist	86795
cannot diagnose the patient's dental health care status.	86796

(11) The dental hygienist is employed by, or under contract	86797
with, one of the following:	86798

(a) The supervising dentist;

86799

(b) A dentist licensed under this chapter who is one of the	86800
following:	86801

(i) The employer of the supervising dentist;

86802

(ii) A shareholder in a professional association formed under	86803
Chapter 1785. of the Revised Code of which the supervising dentist	86804
is a shareholder;	86805

(iii) A member or manager of a limited liability company	86806
formed under Chapter 1705. of the Revised Code of which the	86807
supervising dentist is a member or manager;	86808

(iv) A shareholder in a corporation formed under division (B)	86809
of section 1701.03 of the Revised Code of which the supervising	86810
dentist is a shareholder;	86811

(v) A partner or employee of a partnership or a limited	86812
liability partnership formed under Chapter 1775. or 1776. of the	86813
Revised Code of which the supervising dentist is a partner or	86814
employee.	86815

(c) A government entity that employs the dental hygienist to	86816
provide dental hygiene services in a public school or in	86817
connection with other programs the government entity administers.	86818

(D) A dental hygienist may provide dental hygiene services to	86819
a patient when the supervising dentist is not physically present	86820
at the location at which the services are provided if the services	86821
are provided as part of a dental hygiene program that is approved	86822
by the state dental board and all of the following requirements	86823
are met:	86824

(1) The program is operated through a school district board	86825
of education or the governing board of an educational service	86826
center; the board of health of a city or general health district	86827
or the authority having the duties of a board of health under	86828
section 3709.05 of the Revised Code; a national, state, district,	86829
or local dental association; or any other public or private entity	86830
recognized by the state dental board.	86831

(2) The supervising dentist is employed by or a volunteer	86832
for, and the patients are referred by, the entity through which	86833
the program is operated.	86834

(3) ~~The~~(a) Except as provided in division (D)(3)(b) of this	86835
section, the services are performed after examination and	86836
diagnosis by the dentist and in accordance with the dentist's	86837
written treatment plan.	86838

(b) The requirement in division (D)(3)(a) of this section	86839
does not apply when the only service to be provided by the dental	86840
hygienist is the placement of pit and fissure sealants.	86841

(E) No person shall do either of the following:

86842

(1) Practice dental hygiene in a manner that is separate or	86843
otherwise independent from the dental practice of a supervising	86844
dentist;	86845

(2) Establish or maintain an office or practice that is	86846
primarily devoted to the provision of dental hygiene services.	86847

(F) The state dental board shall adopt rules under division	86848
(C) of section 4715.03 of the Revised Code identifying procedures	86849
a dental hygienist may not perform when practicing in the absence	86850
of the supervising dentist pursuant to division (C) or (D) of this	86851
section.	86852

Sec. 4715.36. As used in this section and sections 4715.361	86853
to 4715.374 of the Revised Code:	86854

(A) "Accredited dental hygiene school" means a dental hygiene	86855
school accredited by the American dental association commission on	86856
dental accreditation or a dental hygiene school whose educational	86857
standards are recognized by the American dental association	86858
commission on dental accreditation and approved by the state	86859
dental board.	86860

(B) "Authorizing dentist" means a dentist who authorizes a	86861
dental hygienist to perform dental hygiene services under section	86862
4715.365 of the Revised Code.	86863

(C) "Clinical evaluation" means a diagnosis and treatment	86864
plan formulated for an individual patient by a dentist.	86865

(D) "Dentist" means an individual licensed under this chapter	86866
to practice dentistry.	86867

(E) "Dental hygienist" means an individual licensed under	86868
this chapter to practice as a dental hygienist.	86869

(F) "Dental hygiene services" means the prophylactic,	86870
preventive, and other procedures that dentists are authorized by	86871
this chapter and rules of the state dental board to assign to	86872
dental hygienists, except for procedures while a patient is	86873
anesthetized, definitive root planing, definitive subgingival	86874
curettage, the administration of local anesthesia, and the	86875
procedures specified in rules adopted by the board as described in	86876
division (C)(4) of section 4715.22 of the Revised Code.	86877

(G) "Facility" means any of the following:

86878

(1) A health care facility, as defined in section 4715.22 of	86879
the Revised Code;	86880

(2) A state correctional institution, as defined in section	86881
2967.01 of the Revised Code;	86882

(3) A comprehensive child development program that receives	86883
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	86884
42 U.S.C. 9831, as amended, and is licensed as a child day-care	86885
center;	86886

(4) A residential facility licensed under section 5123.19 of	86887
the Revised Code;	86888

(5) A public school, as defined in section 3701.93 of the	86889
Revised Code, located in an area designated as a dental health	86890
resource shortage area pursuant to section 3702.87 of the Revised	86891
Code;	86892

(6) A nonpublic school, as defined in section 3701.93 of the	86893
Revised Code, located in an area designated as a dental health	86894
resource shortage area pursuant to section 3702.87 of the Revised	86895
Code;	86896

(7) A federally qualified health center or federally	86897
qualified health center look-alike, as defined in section 3701.047	86898
of the Revised Code;	86899

(8) A shelter for victims of domestic violence, as defined in	86900
section 3113.33 of the Revised Code;	86901

(9) A facility operated by the department of youth services	86902
under Chapter 5139. of the Revised Code;	86903

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	86904
~~the Revised Code;~~	86905

~~(11)~~ A foster home, as defined in section 5103.02 of the	86906
Revised Code;	86907

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	86908
the Revised Code;	86909

~~(13)~~(12) The residence of one or more individuals receiving	86910
services provided by a home health agency, as defined in section	86911
5101.61 of the Revised Code;	86912

~~(14)~~(13) A dispensary;

86913

~~(15)~~(14) A health care facility, such as a clinic or	86914
hospital, of the United States department of veterans affairs;	86915

~~(16)~~(15) The residence of one or more individuals enrolled in	86916
a home and community-based services medicaid waiver component, as	86917
defined in section ~~5111.851~~5166.01 of the Revised Code;	86918

~~(17)~~(16) A facility operated by the board of health of a city	86919
or general health district or the authority having the duties of a	86920
board of health under section 3709.05 of the Revised Code;	86921

~~(18)~~(17) A women, infants, and children clinic;

86922

~~(19)~~(18) A mobile dental unit located at any location listed	86923
in divisions (G)(1) to ~~(18)~~(17) of this section;	86924

~~(20)~~(19) Any other location, as specified by the state dental	86925
board in rules adopted under section 4715.372 of the Revised Code,	86926
that is in an area designated as a dental health resource shortage	86927
area pursuant to section 3702.87 of the Revised Code and provides	86928
health care services to individuals who are medicaid recipients of	86929
~~medical assistance under the medicaid program established pursuant~~	86930
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	86931
persons, as defined in section 2305.234 of the Revised Code.	86932

Sec. 4715.372. (A) The state dental board shall adopt rules	86933
in accordance with Chapter 119. of the Revised Code as necessary	86934
to implement the oral health access supervision program, including	86935
rules that do all of the following:	86936

(1) For the purpose of division (G)~~(20)~~(19) of section	86937
4715.36 of the Revised Code, designate additional facilities at	86938
which a dental hygienist may be authorized to perform dental	86939
hygiene services under the oral health access supervision program;	86940

(2) For the purpose of section 4715.362 of the Revised Code,	86941
prescribe the application form and requirements for obtaining an	86942
oral health access supervision permit;	86943

(3) For the purpose of section 4715.363 of the Revised Code,	86944
prescribe the application form for a permit to practice as a	86945
dental hygienist under the oral health access supervision of a	86946
dentist;	86947

(4) For the purpose of division (B)(3) of section 4715.363 of	86948
the Revised Code and subject to division (B) of this section,	86949
establish standards for the course in the practice of dental	86950
hygiene under oral health access supervision;	86951

(5) For the purpose of section 4715.369 of the Revised Code,	86952
prescribe the form for renewal of an oral health access	86953
supervision permit;	86954

(6) For the purpose of section 4715.37 of the Revised Code,	86955
prescribe the form for renewal of a permit to practice as a dental	86956
hygienist under the oral health access supervision of a dentist.	86957

(B) The course in the practice of dental hygiene under oral	86958
health access supervision for which the board establishes	86959
standards under division (A)(4) of this section shall meet all of	86960
the following requirements:	86961

(1) Be eight hours in length;

86962

(2) Include, at a minimum, instruction in both of the	86963
following:	86964

(a) The treatment of geriatric patients, medically	86965
compromised patients, developmentally disabled patients, and	86966
pediatric patients;	86967

(b) Recordkeeping practices.

86968

(3) Be developed and offered by an institution accredited by	86969
the American dental association commission on dental accreditation	86970
or a program provided by a sponsor of continuing education	86971
approved by the board;	86972

(4) Include content that is separate and independent from the	86973
course content required for the completion of dental hygiene	86974
education from an accredited dental hygiene school.	86975

Sec. 4717.03. (A) Members of the board of embalmers and	86976
funeral directors shall annually in July, or within thirty days	86977
after the senate's confirmation of the new members appointed in	86978
that year, meet and organize by selecting from among its members a	86979
president, vice-president, and secretary-treasurer. The board may	86980
hold other meetings as it determines necessary. A quorum of the	86981
board consists of four members, of whom at least three shall be	86982
members who are embalmers and funeral directors. The concurrence	86983
of at least four members is necessary for the board to take any	86984
action. The president and secretary-treasurer shall sign all	86985
licenses issued under this chapter and affix the board's seal to	86986
each license.	86987

(B) The board may appoint an individual who is not a member	86988
of the board to serve as executive director of the board. The	86989
board shall fix the compensation of the executive director. The	86990
executive director serves at the pleasure of the board and shall	86991
do all of the following:	86992

(1) Serve as the board's chief administrative officer;

86993

(2) Act as custodian of the board's records;

86994

(3) Execute all of the board's orders;

86995

(4) Employ staff who are not members of the board and who	86996
serve at the pleasure of the executive director to provide any	86997
assistance that the board considers necessary;	86998

(5) Fix the compensation of staff employed pursuant to	86999
division (B)(4) of this section.	87000

(C) In executing the board's orders as required by division	87001
(B)(3) of this section, the executive director may enter the	87002
premises, establishment, office, or place of business of any	87003
embalmer, funeral director, or operator of a crematory facility in	87004
this state. The executive director may serve and execute any	87005
process issued by any court under this chapter.	87006

~~(C) The board may employ clerical or technical staff who are~~	87007
~~not members of the board and who serve at the pleasure of the~~	87008
~~board to provide any clerical or technical assistance the board~~	87009
~~considers necessary.~~(D) The ~~board~~executive director may employ	87010
necessary inspectors, who shall be licensed embalmers and funeral	87011
directors. ~~Any~~An inspector employed by the ~~board~~executive	87012
director may enter the premises, establishment, office, or place	87013
of business of any embalmer, funeral director, or operator of a	87014
crematory facility in this state, for the purposes of inspecting	87015
the facility and premises; the license and registration of	87016
embalmers and funeral directors operating in the facility; and the	87017
license of the funeral home, embalming facility, or crematory~~. The~~	87018
~~inspector shall serve and execute any process issued by any court~~	87019
~~under this chapter, serve and execute any papers or process issued~~	87020
~~by the board or any officer or member of the board,~~facility and	87021
perform any other duties delegated to the inspector by the board	87022
or assigned to the inspector by the executive director. The	87023
executive director may enter the facility or premises of a funeral	87024
home, embalming facility, or crematory for the purpose of an	87025
inspection if accompanied by an inspector or, if an inspector is	87026
not available, when a situation presents a danger of immediate and	87027
serious harm to the public.	87028

~~(D)~~(E) The president of the board shall designate three of	87029
~~its~~the board's members to serve on the crematory review board,	87030
which is hereby created, for such time as the president finds	87031
appropriate to carry out the provisions of this chapter. Those	87032
members of the crematory review board designated by the president	87033
to serve and three members designated by the cemetery dispute	87034
resolution commission shall designate, by a majority vote, one	87035
person who is experienced in the operation of a crematory facility	87036
and who is not affiliated with a cemetery or a funeral home to	87037
serve on the crematory review board for such time as the crematory	87038
review board finds appropriate. Members serving on the crematory	87039
review board shall not receive any additional compensation for	87040
serving on the board, but may be reimbursed for their actual and	87041
necessary expenses incurred in the performance of official duties	87042
as members of the board. Members of the crematory review board	87043
shall designate one from among its members to serve as a	87044
chairperson for such time as the board finds appropriate. Costs	87045
associated with conducting an adjudicatory hearing in accordance	87046
with division ~~(E)~~(F) of this section shall be paid from funds	87047
available to the board of embalmers and funeral directors.	87048

~~(E)~~(F) Upon receiving written notice from the board of	87049
embalmers and funeral directors of any of the following, the	87050
crematory review board shall conduct an adjudicatory hearing on	87051
the matter in accordance with Chapter 119. of the Revised Code,	87052
except as otherwise provided in this section or division (C) of	87053
section 4717.14 of the Revised Code:	87054

(1) Notice provided under division ~~(H)~~(I) of this section of	87055
an alleged violation of any provision of this chapter or any rules	87056
adopted under this chapter governing or in connection with	87057
crematory facilities or cremation;	87058

(2) Notice provided under division (B) of section 4717.14 of	87059
the Revised Code that the board of embalmers and funeral directors	87060
proposes to refuse to grant or renew, or to suspend or revoke, a	87061
license to operate a crematory facility;	87062

(3) Notice provided under division (C) of section 4717.14 of	87063
the Revised Code that the board of embalmers and funeral directors	87064
has issued an order summarily suspending a license to operate a	87065
crematory facility;	87066

(4) Notice provided under division (B) of section 4717.15 of	87067
the Revised Code that the board of embalmers and funeral directors	87068
proposes to issue a notice of violation and order requiring	87069
payment of a forfeiture for any violation described in divisions	87070
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	87071
connection with a crematory facility or cremation.	87072

Nothing in division ~~(E)~~(F) of this section precludes the	87073
crematory review board from appointing an independent examiner in	87074
accordance with section 119.09 of the Revised Code to conduct any	87075
adjudication hearing required under division ~~(E)~~(F) of this	87076
section.	87077

The crematory review board shall submit a written report of	87078
findings and advisory recommendations, and a written transcript of	87079
its proceedings, to the board of embalmers and funeral directors.	87080
The board of embalmers and funeral directors shall serve a copy of	87081
the written report of the crematory review board's findings and	87082
advisory recommendations on the party to the adjudication or the	87083
party's attorney, by certified mail, within five days after	87084
receiving the report and advisory recommendations. A party may	87085
file objections to the written report with the board of embalmers	87086
and funeral directors within ten days after receiving the report.	87087
No written report is final or appealable until it is issued as a	87088
final order by the board of embalmers and funeral directors and	87089
entered on the record of the proceedings. The board of embalmers	87090
and funeral directors shall consider objections filed by the party	87091
prior to issuing a final order. After reviewing the findings and	87092
advisory recommendations of the crematory review board, the	87093
written transcript of the crematory review board's proceedings,	87094
and any objections filed by a party, the board of embalmers and	87095
funeral directors shall issue a final order in the matter. Any	87096
party may appeal the final order issued by the board of embalmers	87097
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	87098
to (4) of this section in accordance with section 119.12 of the	87099
Revised Code, except that the appeal may be made to the court of	87100
common pleas in the county in which is located the crematory	87101
facility to which the final order pertains, or in the county in	87102
which the party resides.	87103

~~(F)~~(G) On its own initiative or on receiving a written	87104
complaint from any person whose identity is made known to the	87105
board of embalmers and funeral directors, the board shall	87106
investigate the acts or practices of any person holding or	87107
claiming to hold a license or registration under this chapter	87108
that, if proven to have occurred, would violate this chapter or	87109
any rules adopted under it. The board may compel witnesses by	87110
subpoena to appear and testify in relation to investigations	87111
conducted under this chapter and may require by subpoena duces	87112
tecum the production of any book, paper, or document pertaining to	87113
an investigation. If a person does not comply with a subpoena or	87114
subpoena duces tecum, the board may apply to the court of common	87115
pleas of any county in this state for an order compelling the	87116
person to comply with the subpoena or subpoena duces tecum, or for	87117
failure to do so, to be held in contempt of court.	87118

~~(G)~~(H) If, as a result of its investigation conducted under	87119
division ~~(F)~~(G) of this section, the board of embalmers and	87120
funeral directors has reasonable cause to believe that the person	87121
investigated is violating any provision of this chapter or any	87122
rules adopted under this chapter governing or in connection with	87123
embalming, funeral directing, funeral homes, embalming facilities,	87124
or the operation of funeral homes or embalming facilities, it may,	87125
after providing the opportunity for an adjudicatory hearing, issue	87126
an order directing the person to cease the acts or practices that	87127
constitute the violation. The board shall conduct the adjudicatory	87128
hearing in accordance with Chapter 119. of the Revised Code except	87129
that, notwithstanding the provisions of that chapter, the	87130
following shall apply:	87131

(1) The board shall send the notice informing the person of	87132
the person's right to a hearing by certified mail.	87133

(2) The person is entitled to a hearing only if the person	87134
requests a hearing and if the board receives the request within	87135
thirty days after the mailing of the notice described in division	87136
~~(G)~~(H)(1) of this section.	87137

(3) A stenographic record shall be taken, in the manner	87138
prescribed in section 119.09 of the Revised Code, at every	87139
adjudicatory hearing held under this section, regardless of	87140
whether the record may be the basis of an appeal to a court.	87141

~~(H)~~(I) If, as a result of its investigation conducted under	87142
division ~~(F)~~(G) of this section, the board of embalmers and	87143
funeral directors has reasonable cause to believe that the person	87144
investigated is violating any provision of this chapter or any	87145
rules adopted under this chapter governing or in connection with	87146
crematory facilities or cremation, the board shall send written	87147
notice of the alleged violation to the crematory review board. If,	87148
after the conclusion of the adjudicatory hearing in the matter	87149
conducted under division ~~(E)~~(F) of this section, the board of	87150
embalmers and funeral directors finds that a person is in	87151
violation of any provision of this chapter or any rules adopted	87152
under this chapter governing or in connection with crematory	87153
facilities or cremation, the board may issue a final order under	87154
that division directing the person to cease the acts or practices	87155
that constitute the violation.	87156

~~(I)~~(J) The board of embalmers and funeral directors may bring	87157
a civil action to enjoin any violation or threatened violation of	87158
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	87159
under any of those sections; division (A) or (B) of section	87160
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	87161
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	87162
division (D)(1) of section 4717.27; divisions (A) to (C) of	87163
section 4717.28, or division (D) or (E) of section 4717.31 of the	87164
Revised Code. The action shall be brought in the county where the	87165
violation occurred or the threatened violation is expected to	87166
occur. At the request of the board, the attorney general shall	87167
represent the board in any matter arising under this chapter.	87168

~~(J)~~(K) The board of embalmers and funeral directors and the	87169
crematory review board may issue subpoenas for funeral directors	87170
and embalmers or persons holding themselves out as such, for	87171
operators of crematory facilities or persons holding themselves	87172
out as such, or for any other person whose testimony, in the	87173
opinion of either board, is necessary. The subpoena shall require	87174
the person to appear before the appropriate board or any	87175
designated member of either board, upon any hearing conducted	87176
under this chapter. The penalty for disobedience to the command of	87177
such a subpoena is the same as for refusal to answer such a	87178
process issued under authority of the court of common pleas.	87179

~~(K)~~(L) All moneys received by the board of embalmers and	87180
funeral directors from any source shall be deposited in the state	87181
treasury to the credit of the occupational licensing and	87182
regulatory fund created in section 4743.05 of the Revised Code.	87183

~~(L)~~(M) The board of embalmers and funeral directors shall	87184
submit a written report to the governor on or before the first	87185
Monday of July of each year. This report shall contain a detailed	87186
statement of the nature and amount of the board's receipts and the	87187
amount and manner of its expenditures.	87188

Sec. 4717.06. (A)(1) Any person who desires to obtain a	87189
license to operate a funeral home, embalming facility, or	87190
crematory facility shall apply to the board of embalmers and	87191
funeral directors on a form provided by the board. The application	87192
shall include the initial license fee set forth in section 4717.07	87193
of the Revised Code and proof satisfactory to the board that the	87194
funeral home, embalming facility, or crematory facility is in	87195
compliance with rules adopted by the board under section 4717.04	87196
of the Revised Code, rules adopted by the board of building	87197
standards under Chapter 3781. of the Revised Code, and all other	87198
federal, state, and local requirements relating to the safety of	87199
the premises.	87200

(2) If the funeral home, embalming facility, or crematory	87201
facility to which the license application pertains is owned by a	87202
corporation or limited liability company, the application shall	87203
include the name and address of the corporation's or limited	87204
liability company's statutory agent appointed under section	87205
1701.07 or 1705.06 of the Revised Code or, in the case of a	87206
foreign corporation, the corporation's designated agent appointed	87207
under section 1703.041 of the Revised Code. If the funeral home,	87208
embalming facility, or crematory facility to which the application	87209
pertains is owned by a partnership, the application shall include	87210
the name and address of each of the partners. If, at any time	87211
after the submission of a license application or issuance of a	87212
license, the statutory or designated agent of a corporation or	87213
limited liability company owning a funeral home, embalming	87214
facility, or crematory facility or the address of the statutory or	87215
designated agent changes or, in the case of a partnership, any of	87216
the partners of the funeral home, embalming facility, or crematory	87217
facility or the address of any of the partners changes, the	87218
applicant for or holder of the license to operate the funeral	87219
home, embalming facility, or crematory facility shall submit	87220
written notice to the board, within thirty days after the change,	87221
informing the board of the change and of any name or address of a	87222
statutory or designated agent or partner that has changed from	87223
that contained in the application for the license or the most	87224
recent notice submitted under division (A)(2) of this section.	87225

(B)(1) The board shall issue a license to operate a funeral	87226
home only for the address at which the funeral home is operated.	87227
The funeral home license and licenses of the embalmers and funeral	87228
directors employed by the funeral home shall be displayed in a	87229
conspicuous place within the funeral home.	87230

(2) The funeral home shall have on the premises one of the	87231
following:	87232

(a) If embalming will take place at the funeral home, an	87233
embalming room that is adequately equipped and maintained. The	87234
embalming room shall be kept in a clean and sanitary manner and	87235
used only for the embalming, preparation, or holding of dead human	87236
bodies. The embalming room shall contain only the articles,	87237
facilities, and instruments necessary for those purposes.	87238

(b) If embalming will not take place at the funeral home, a	87239
holding room that is adequately equipped and maintained. The	87240
holding room shall be kept in a clean and sanitary manner and used	87241
only for the preparation, other than embalming, and holding of	87242
dead human bodies. The holding room shall contain only the	87243
articles and facilities necessary for those purposes.	87244

(3) Except as provided in division (B) of section 4717.11 of	87245
the Revised Code, a funeral home shall be established and operated	87246
only under the name of a holder of a funeral director's license	87247
issued by the board who is actually in charge of and ultimately	87248
responsible for the funeral home, and a funeral home license shall	87249
not include directional or geographical references in the name of	87250
the funeral home. The holder of the funeral home license shall be	87251
a funeral director licensed under this chapter who is actually in	87252
charge of and ultimately responsible for the funeral home. Nothing	87253
in division (B)(3) of this section prohibits the holder of a	87254
funeral home license from including directional or geographical	87255
references in promotional or advertising materials identifying the	87256
location of the funeral home.	87257

(4) Each funeral home shall be directly supervised by a	87258
funeral director licensed under this chapter, who ~~shall~~may	87259
supervise ~~only~~more than one funeral home.	87260

(C)(1) The board shall issue a license to operate an	87261
embalming facility only for the address at which the embalming	87262
facility is operated. The license shall be displayed in a	87263
conspicuous place within the facility.	87264

(2) The embalming facility shall be adequately equipped and	87265
maintained in a sanitary manner. The embalming room at such a	87266
facility shall contain only the articles, facilities, and	87267
instruments necessary for its stated purpose. The embalming room	87268
shall be kept in a clean and sanitary condition and used only for	87269
the care and preparation of dead human bodies.	87270

(3) An embalming facility license shall be issued only to an	87271
embalmer licensed under division (B) of section 4717.05 of the	87272
Revised Code, who is actually in charge of the facility.	87273

(D)(1) The board shall issue a license to operate a crematory	87274
facility only for the address at which the crematory facility is	87275
located and operated. The license shall be displayed in a	87276
conspicuous place within the crematory facility.	87277

(2) The crematory facility shall be adequately equipped and	87278
maintained in a clean and sanitary manner. The crematory facility	87279
may be located in a funeral home, embalming facility, cemetery	87280
building, or other building in which the crematory facility may	87281
lawfully operate. If a crematory facility engages in the cremation	87282
of animals, the crematory facility shall cremate animals in a	87283
cremation chamber that also is not used to cremate dead human	87284
bodies or human body parts and shall not cremate animals in a	87285
cremation chamber used for the cremation of dead human bodies and	87286
human body parts. Cremation chambers that are used for the	87287
cremation of dead human bodies or human body parts and cremation	87288
chambers used for the cremation of animals may be located in the	87289
same area.	87290

(3) A license to operate a crematory facility shall be issued	87291
to the person actually in charge of the crematory facility. This	87292
section does not require the individual who is actually in charge	87293
of the crematory facility to be an embalmer or funeral director	87294
licensed under this chapter.	87295

(4) Nothing in this section or rules adopted under section	87296
4717.04 of the Revised Code precludes the establishment and	87297
operation of a crematory facility on or adjacent to the property	87298
on which a cemetery, funeral home, or embalming facility is	87299
located.	87300

Sec. 4717.07. (A) The board of embalmers and funeral	87301
directors shall charge and collect the following fees:	87302

(1) For the initial issuance or biennial renewal of an	87303
embalmer's or funeral director's license, one hundred ~~forty~~fifty	87304
dollars;	87305

(2) For the issuance of an embalmer or funeral director	87306
registration, twenty-five dollars;	87307

(3) For filing an embalmer or funeral director certificate of	87308
apprenticeship, ten dollars;	87309

(4) For the application to take the examination for a license	87310
to practice as an embalmer or funeral director, or to retake a	87311
section of the examination, thirty-five dollars;	87312

(5) For the initial issuance of a license to operate a	87313
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	87314
of a license to operate a funeral home, ~~two~~three hundred fifty	87315
dollars;	87316

(6) For the reinstatement of a lapsed embalmer's or funeral	87317
director's license, the renewal fee prescribed in division (A)(1)	87318
of this section plus fifty dollars for each month or portion of a	87319
month the license is lapsed ~~until reinstatement~~, but not more than	87320
one thousand dollars;	87321

(7) For the reinstatement of a lapsed license to operate a	87322
funeral home, the renewal fee prescribed in division (A)(5) of	87323
this section plus fifty dollars for each month or portion of a	87324
month the license is lapsed until reinstatement;	87325

(8) For the initial issuance of a license to operate an	87326
embalming facility, ~~two~~three hundred fifty dollars and biennial	87327
renewal of a license to operate an embalming facility, ~~two~~three	87328
hundred fifty dollars;	87329

(9) For the reinstatement of a lapsed license to operate an	87330
embalming facility, the renewal fee prescribed in division (A)(8)	87331
of this section plus fifty dollars for each month or portion of a	87332
month the license is lapsed until reinstatement;	87333

(10) For the initial issuance of a license to operate a	87334
crematory facility, ~~two~~three hundred fifty dollars and biennial	87335
renewal of a license to operate a crematory facility, ~~two~~three	87336
hundred fifty dollars;	87337

(11) For the reinstatement of a lapsed license to operate a	87338
crematory facility, the renewal fee prescribed in division (A)(10)	87339
of this section plus fifty dollars for each month or portion of a	87340
month the license is lapsed until reinstatement;	87341

(12) For the issuance of a duplicate of a license issued	87342
under this chapter, ~~four~~ten dollars.	87343

(B) In addition to the fees set forth in division (A) of this	87344
section, an applicant shall pay the examination fee assessed by	87345
any examining agency the board uses for any section of an	87346
examination required under this chapter.	87347

(C) Subject to the approval of the controlling board, the	87348
board of embalmers and funeral directors may establish fees in	87349
excess of the amounts set forth in this section, provided that	87350
these fees do not exceed the amounts set forth in this section by	87351
more than fifty per cent.	87352

Sec. 4717.10. (A) The board of embalmers and funeral	87353
directors may recognize licenses issued to embalmers and funeral	87354
directors by other states, and upon presentation of such licenses,	87355
may issue to the holder an embalmer's or funeral director's	87356
license under this chapter. The board shall charge the same fee as	87357
prescribed in section 4717.07 of the Revised Code to issue or	87358
renew such an embalmer's or funeral director's license. Such	87359
licenses shall be renewed ~~annually~~biennially as provided in	87360
section 4717.08 of the Revised Code. The board shall not issue a	87361
license to any person under this section unless the applicant	87362
proves that the applicant, in the state in which the applicant is	87363
licensed, has complied with requirements substantially equal to	87364
those established in section 4717.05 of the Revised Code.	87365

(B) The board of embalmers and funeral directors may issue	87366
courtesy cards. A courtesy cardholder shall be authorized to	87367
undertake both the following acts in this state:	87368

(1) Prepare and complete those sections of a death	87369
certificate and other permits needed for disposition of deceased	87370
human remains in this state and sign and file such death	87371
certificates and permits;	87372

(2) Supervise and conduct funeral ceremonies and interments	87373
in this state.	87374

(C) The board of embalmers and funeral directors may	87375
determine under what conditions a courtesy card may be issued to	87376
funeral directors in bordering states after taking into account	87377
whether and under what conditions and fees such border states	87378
issue similar courtesy cards to funeral directors licensed in this	87379
state. Applicants for courtesy cards shall apply on forms	87380
prescribed by the board, pay ~~an annual~~a biennial fee set by the	87381
board for initial applications and renewals, and adhere to such	87382
other requirements imposed by the board on courtesy cardholders.	87383

(D) No courtesy cardholder shall be authorized to undertake	87384
any of the following activities in this state:	87385

(1) Arranging funerals or disposition services with members	87386
of the public in this state;	87387

(2) Be employed by or under contract to a funeral home	87388
licensed in this state to perform funeral services in this state;	87389

(3) Advertise funeral or disposition services in this state;

87390

(4) Enter into or execute funeral or disposition contracts in	87391
this state;	87392

(5) Prepare or embalm deceased human remains in this state;

87393

(6) Arrange for or carry out the disinterment of human	87394
remains in this state.	87395

(E) As used in this section, "courtesy card" means a special	87396
permit that may be issued to a funeral director licensed in a	87397
state that borders this state and who does not hold a funeral	87398
director's license under this chapter.	87399

Sec. 4717.14. (A) The board of embalmers and funeral	87400
directors may refuse to grant or renew, or may suspend or revoke,	87401
any license issued under this chapter or may require the holder of	87402
a license to take corrective action courses for any of the	87403
following reasons:	87404

(1) The license was obtained by fraud or misrepresentation	87405
either in the application or in passing the examination.	87406

(2) The applicant or licensee has been convicted of or has	87407
pleaded guilty to a felony or of any crime involving moral	87408
turpitude.	87409

(3) The applicant or licensee has purposely violated any	87410
provision of sections 4717.01 to 4717.15 or a rule adopted under	87411
any of those sections; division (A) or (B) of section 4717.23;	87412
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	87413
or divisions (H) to (K) of section 4717.26; division (D)(1) of	87414
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	87415
Revised Code; any rule or order of the department of health or a	87416
board of health of a health district governing the disposition of	87417
dead human bodies; or any other rule or order applicable to the	87418
applicant or licensee.	87419

(4) The applicant or licensee has committed immoral or	87420
unprofessional conduct.	87421

(5) The applicant or licensee knowingly permitted an	87422
unlicensed person, other than a person serving an apprenticeship,	87423
to engage in the profession or business of embalming or funeral	87424
directing under the applicant's or licensee's supervision.	87425

(6) The applicant or licensee has been habitually	87426
intoxicated, or is addicted to the use of morphine, cocaine, or	87427
other habit-forming or illegal drugs.	87428

(7) The applicant or licensee has refused to promptly submit	87429
the custody of a dead human body upon the express order of the	87430
person legally entitled to the body.	87431

(8) The licensee loaned the licensee's own license, or the	87432
applicant or licensee borrowed or used the license of another	87433
person, or knowingly aided or abetted the granting of an improper	87434
license.	87435

(9) The applicant or licensee transferred a license to	87436
operate a funeral home, embalming facility, or crematory from one	87437
owner or operator to another, or from one location to another,	87438
without notifying the board.	87439

(10) The applicant or licensee misled the public by using	87440
false or deceptive advertising.	87441

(B)(1) The board of embalmers and funeral directors shall	87442
refuse to grant or renew, or shall suspend or revoke, an	87443
embalmer's, funeral director's, funeral home, or embalming	87444
facility license only in accordance with Chapter 119. of the	87445
Revised Code.	87446

(2) The board shall send to the crematory review board	87447
written notice that it proposes to refuse to issue or renew, or	87448
proposes to suspend or revoke, a license to operate a crematory	87449
facility. If, after the conclusion of the adjudicatory hearing on	87450
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	87451
the Revised Code, the board of embalmers and funeral directors	87452
finds that any of the circumstances described in divisions (A)(1)	87453
to (10) of this section apply to the person named in its proposed	87454
action, the board may issue a final order under division ~~(E)~~(F) of	87455
section 4717.03 of the Revised Code refusing to issue or renew, or	87456
suspending or revoking, the person's license to operate a	87457
crematory facility.	87458

(C) If the board of embalmers and funeral directors	87459
determines that there is clear and convincing evidence that any of	87460
the circumstances described in divisions (A)(1) to (10) of this	87461
section apply to the holder of a license issued under this chapter	87462
and that the licensee's continued practice presents a danger of	87463
immediate and serious harm to the public, the board may suspend	87464
the licensee's license without a prior adjudicatory hearing. The	87465
executive director of the board shall prepare written allegations	87466
for consideration by the board.	87467

The board, after reviewing the written allegations, may	87468
suspend a license without a prior hearing.	87469

The board shall issue a written order of suspension by a	87470
delivery system or in person in accordance with section 119.07 of	87471
the Revised Code. Such an order is not subject to suspension by	87472
the court during the pendency of any appeal filed under section	87473
119.12 of the Revised Code. If the holder of an embalmer's,	87474
funeral director's, funeral home, or embalming facility license	87475
requests an adjudicatory hearing by the board, the date set for	87476
the hearing shall be within fifteen days, but not earlier than	87477
seven days, after the licensee has requested a hearing, unless the	87478
board and the licensee agree to a different time for holding the	87479
hearing.	87480

Upon issuing a written order of suspension to the holder of a	87481
license to operate a crematory facility, the board of embalmers	87482
and funeral directors shall send written notice of the issuance of	87483
the order to the crematory review board. The crematory review	87484
board shall hold an adjudicatory hearing on the order under	87485
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	87486
fifteen days, but not earlier than seven days, after the issuance	87487
of the order, unless the crematory review board and the licensee	87488
agree to a different time for holding the adjudicatory hearing.	87489

Any summary suspension imposed under this division shall	87490
remain in effect, unless reversed on appeal, until a final	87491
adjudicatory order issued by the board of embalmers and funeral	87492
directors pursuant to this division and Chapter 119. of the	87493
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	87494
Code, as applicable, becomes effective. The board of embalmers and	87495
funeral directors shall issue its final adjudicatory order within	87496
sixty days after the completion of its hearing or, in the case of	87497
the summary suspension of a license to operate a crematory	87498
facility, within sixty days after completion of the adjudicatory	87499
hearing by the crematory review board. A failure to issue the	87500
order within that time results in the dissolution of the summary	87501
suspension order, but does not invalidate any subsequent final	87502
adjudicatory order.	87503

(D) If the board of embalmers and funeral directors suspends	87504
or revokes a license held by a funeral director or a funeral home	87505
for any reason identified in division (A) of this section, the	87506
board may file a complaint with the court of common pleas in the	87507
county where the violation occurred requesting appointment of a	87508
receiver and the sequestration of the assets of the funeral home	87509
that held the suspended or revoked license or the licensed funeral	87510
home that employs the funeral director that held the suspended or	87511
revoked license. If the court of common pleas is satisfied with	87512
the application for a receivership, the court may appoint a	87513
receiver.	87514

The board or a receiver may employ and procure whatever	87515
assistance or advice is necessary in the receivership or	87516
liquidation and distribution of the assets of the funeral home,	87517
and, for that purpose, may retain officers or employees of the	87518
funeral home as needed. All expenses of the receivership or	87519
liquidation shall be paid from the assets of the funeral home and	87520
shall be a lien on those assets, and that lien shall be a priority	87521
to any other lien.	87522

(E) Any holder of a license issued under this chapter who has	87523
pleaded guilty to, has been found by a judge or jury to be guilty	87524
of, or has had a judicial finding of eligibility for treatment in	87525
lieu of conviction entered against the individual in this state	87526
for aggravated murder, murder, voluntary manslaughter, felonious	87527
assault, kidnapping, rape, sexual battery, gross sexual	87528
imposition, aggravated arson, aggravated robbery, or aggravated	87529
burglary, or who has pleaded guilty to, has been found by a judge	87530
or jury to be guilty of, or has had a judicial finding of	87531
eligibility for treatment in lieu of conviction entered against	87532
the individual in another jurisdiction for any substantially	87533
equivalent criminal offense, is hereby suspended from practice	87534
under this chapter by operation of law, and any license issued to	87535
the individual under this chapter is hereby suspended by operation	87536
of law as of the date of the guilty plea, verdict or finding of	87537
guilt, or judicial finding of eligibility for treatment in lieu of	87538
conviction, regardless of whether the proceedings are brought in	87539
this state or another jurisdiction. The board shall notify the	87540
suspended individual of the suspension of the individual's license	87541
by the operation of this division by a delivery system or in	87542
person in accordance with section 119.07 of the Revised Code. If	87543
an individual whose license is suspended under this division fails	87544
to make a timely request for an adjudicatory hearing, the board	87545
shall enter a final order revoking the license.	87546

(F) No person whose license has been suspended or revoked	87547
under or by the operation of this section shall practice embalming	87548
or funeral directing or operate a funeral home, embalming	87549
facility, or crematory facility until the board has reinstated the	87550
person's license.	87551

Sec. 4717.15. (A) The board of embalmers and funeral	87552
directors, without the necessity for conducting a prior	87553
adjudication hearing, may issue a notice of violation to the	87554
holder of an embalmer's, funeral director's, funeral home, or	87555
embalming facility license issued under this chapter who the board	87556
finds has committed any of the violations described in divisions	87557
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	87558
notice shall set forth the specific violation committed by the	87559
licensee and shall be sent by certified mail. The notice shall be	87560
accompanied by an order requiring the payment of the appropriate	87561
forfeiture prescribed in rules adopted under division (A)(9) of	87562
section 4717.04 of the Revised Code and by a notice informing the	87563
licensee that the licensee is entitled to an adjudicatory hearing	87564
on the notice of violation and order if the licensee requests a	87565
hearing and if the board receives the request within thirty days	87566
after the mailing of the notice of violation and order. The board	87567
shall conduct any such adjudicatory hearing in accordance with	87568
Chapter 119. of the Revised Code, except as otherwise provided in	87569
this division.	87570

A licensee who receives a notice of violation and order under	87571
this division shall pay to the executive director of the board the	87572
full amount of the forfeiture by certified check within thirty	87573
days after the notice of violation and order were mailed to the	87574
licensee unless, within that time, the licensee submits a request	87575
for an adjudicatory hearing on the notice of violation and order.	87576
If such a request for an adjudicatory hearing is timely filed, the	87577
licensee need not pay the forfeiture to the executive director	87578
until after a final, nonappealable administrative or judicial	87579
decision is rendered on the order requiring payment of the	87580
forfeiture. If a final nonappealable administrative or judicial	87581
decision is rendered affirming the board's order, the licensee	87582
shall pay to the executive director of the board the full amount	87583
of the forfeiture by certified check within thirty days after	87584
notice of the decision was sent to the licensee. A forfeiture is	87585
considered to be paid when the licensee's certified check is	87586
received by the executive director in Columbus. If the licensee	87587
fails to so pay the full amount of the forfeiture to the executive	87588
director within that time, the board shall issue an order	87589
suspending or revoking the individual's license, as the board	87590
considers appropriate.	87591

(B) The board shall send to the crematory review board	87592
written notice that it proposes to issue to the holder of a	87593
license to operate a crematory facility issued under this chapter	87594
a notice of violation and order requiring payment of a forfeiture	87595
specified in rules adopted under division (A)(9) of section	87596
4717.04 of the Revised Code. If, after the conclusion of the	87597
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	87598
of section 4717.03 of the Revised Code, the board of embalmers and	87599
funeral directors finds that the licensee has committed any of the	87600
violations described in divisions (A)(9)(a) to (g) of section	87601
4717.04 of the Revised Code in connection with the operation of a	87602
crematory facility or cremation, the board of embalmers and	87603
funeral directors may issue a final order under division ~~(E)~~(F) of	87604
section 4717.03 of the Revised Code requiring payment of the	87605
appropriate forfeiture specified in rules adopted under division	87606
(A)(9) of section 4717.04 of the Revised Code. A licensee who	87607
receives such an order shall pay the full amount of the forfeiture	87608
to the executive director by certified check within thirty days	87609
after the order was sent to the licensee unless, within that time,	87610
the licensee files a notice of appeal in accordance with division	87611
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	87612
If such a notice of appeal is timely filed, the licensee need not	87613
pay the forfeiture to the executive director until after a final,	87614
nonappealable judicial decision is rendered in the appeal. If a	87615
final, nonappealable judicial decision is rendered affirming the	87616
board's order, the licensee shall pay to the executive director	87617
the full amount of the forfeiture by certified check within thirty	87618
days after notice of the decision was sent to the licensee. A	87619
forfeiture is considered paid when the licensee's certified check	87620
is received by the executive director in Columbus. If the licensee	87621
fails to so pay the full amount of the forfeiture to the executive	87622
director within that time, the board shall issue an order	87623
suspending or revoking the individual's license, as the board	87624
considers appropriate.	87625

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	87626
the Revised Code:	87627

(1) "Affiliate" means a business entity that is owned by,	87628
operated by, controlled by, or under common control with another	87629
business entity.	87630

(2) "Communication" means a written or oral notification or	87631
advertisement that meets both of the following criteria, as	87632
applicable:	87633

(a) The notification or advertisement is transmitted by or on	87634
behalf of the seller of goods or services and by or through any	87635
printed, audio, video, cinematic, telephonic, or electronic means.	87636

(b) In the case of a notification or advertisement other than	87637
by telephone, either of the following conditions is met:	87638

(i) The notification or advertisement is followed by a	87639
telephone call from a telephone solicitor or salesperson.	87640

(ii) The notification or advertisement invites a response by	87641
telephone, and, during the course of that response, a telephone	87642
solicitor or salesperson attempts to make or makes a sale of goods	87643
or services. As used in division (A)(2)(b)(ii) of this section,	87644
"invites a response by telephone" excludes the mere listing or	87645
inclusion of a telephone number in a notification or	87646
advertisement.	87647

(3) "Gift, award, or prize" means anything of value that is	87648
offered or purportedly offered, or given or purportedly given by	87649
chance, at no cost to the receiver and with no obligation to	87650
purchase goods or services. As used in this division, "chance"	87651
includes a situation in which a person is guaranteed to receive an	87652
item and, at the time of the offer or purported offer, the	87653
telephone solicitor does not identify the specific item that the	87654
person will receive.	87655

(4) "Goods or services" means any real property or any	87656
tangible or intangible personal property, or services of any kind	87657
provided or offered to a person. "Goods or services" includes, but	87658
is not limited to, advertising; labor performed for the benefit of	87659
a person; personal property intended to be attached to or	87660
installed in any real property, regardless of whether it is so	87661
attached or installed; timeshare estates or licenses; and extended	87662
service contracts.	87663

(5) "Purchaser" means a person that is solicited to become or	87664
does become financially obligated as a result of a telephone	87665
solicitation.	87666

(6) "Salesperson" means an individual who is employed,	87667
appointed, or authorized by a telephone solicitor to make	87668
telephone solicitations but does not mean any of the following:	87669

(a) An individual who comes within one of the exemptions in	87670
division (B) of this section;	87671

(b) An individual employed, appointed, or authorized by a	87672
person who comes within one of the exemptions in division (B) of	87673
this section;	87674

(c) An individual under a written contract with a person who	87675
comes within one of the exemptions in division (B) of this	87676
section, if liability for all transactions with purchasers is	87677
assumed by the person so exempted.	87678

(7) "Telephone solicitation" means a communication to a	87679
person that meets both of the following criteria:	87680

(a) The communication is initiated by or on behalf of a	87681
telephone solicitor or by a salesperson.	87682

(b) The communication either represents a price or the	87683
quality or availability of goods or services or is used to induce	87684
the person to purchase goods or services, including, but not	87685
limited to, inducement through the offering of a gift, award, or	87686
prize.	87687

(8) "Telephone solicitor" means a person that engages in	87688
telephone solicitation directly or through one or more	87689
salespersons either from a location in this state, or from a	87690
location outside this state to persons in this state. "Telephone	87691
solicitor" includes, but is not limited to, any such person that	87692
is an owner, operator, officer, or director of, partner in, or	87693
other individual engaged in the management activities of, a	87694
business.	87695

(B) A telephone solicitor is exempt from the provisions of	87696
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	87697
Code if the telephone solicitor is any one of the following:	87698

(1) A person engaging in a telephone solicitation that is a	87699
one-time or infrequent transaction not done in the course of a	87700
pattern of repeated transactions of a like nature;	87701

(2) A person engaged in telephone solicitation solely for	87702
religious or political purposes; a charitable organization,	87703
fund-raising counsel, or professional solicitor in compliance with	87704
the registration and reporting requirements of Chapter 1716. of	87705
the Revised Code; or any person or other entity exempt under	87706
section 1716.03 of the Revised Code from filing a registration	87707
statement under section 1716.02 of the Revised Code;	87708

(3) A person, making a telephone solicitation involving a	87709
home solicitation sale as defined in section 1345.21 of the	87710
Revised Code, that makes the sales presentation and completes the	87711
sale at a later, face-to-face meeting between the seller and the	87712
purchaser rather than during the telephone solicitation. However,	87713
if the person, following the telephone solicitation, causes	87714
another person to collect the payment of any money, this exemption	87715
does not apply.	87716

(4) A licensed securities, commodities, or investment broker,	87717
dealer, investment advisor, or associated person when making a	87718
telephone solicitation within the scope of the person's license.	87719
As used in division (B)(4) of this section, "licensed securities,	87720
commodities, or investment broker, dealer, investment advisor, or	87721
associated person" means a person subject to licensure or	87722
registration as such by the securities and exchange commission;	87723
the National Association of Securities Dealers or other	87724
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	87725
the division of securities under Chapter 1707. of the Revised	87726
Code; or by an official or agency of any other state of the United	87727
States.	87728

(5)(a) A person primarily engaged in soliciting the sale of a	87729
newspaper of general circulation;	87730

(b) As used in division (B)(5)(a) of this section, "newspaper	87731
of general circulation" includes, but is not limited to, both of	87732
the following:	87733

(i) A newspaper that is a daily law journal designated as an	87734
official publisher of court calendars pursuant to section 2701.09	87735
of the Revised Code;	87736

(ii) A newspaper or publication that has at least twenty-five	87737
per cent editorial, non-advertising content, exclusive of inserts,	87738
measured relative to total publication space, and an audited	87739
circulation to at least fifty per cent of the households in the	87740
newspaper's retail trade zone as defined by the audit.	87741

(6)(a) An issuer, or its subsidiary, that has a class of	87742
securities to which all of the following apply:	87743

(i) The class of securities is subject to section 12 of the	87744
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	87745
registered or is exempt from registration under 15 U.S.C.A.	87746
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	87747

(ii) The class of securities is listed on the New York stock	87748
exchange, the American stock exchange, or the NASDAQ national	87749
market system;	87750

(iii) The class of securities is a reported security as	87751
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	87752

(b) An issuer, or its subsidiary, that formerly had a class	87753
of securities that met the criteria set forth in division	87754
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	87755
net worth in excess of one hundred million dollars, files or its	87756
parent files with the securities and exchange commission an S.E.C.	87757
form 10-K, and has continued in substantially the same business	87758
since it had a class of securities that met the criteria in	87759
division (B)(6)(a) of this section. As used in division (B)(6)(b)	87760
of this section, "issuer" and "subsidiary" include the successor	87761
to an issuer or subsidiary.	87762

(7) A person soliciting a transaction regulated by the	87763
commodity futures trading commission, if the person is registered	87764
or temporarily registered for that activity with the commission	87765
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	87766
registration has not expired or been suspended or revoked;	87767

(8) A person soliciting the sale of any book, record, audio	87768
tape, compact disc, or video, if the person allows the purchaser	87769
to review the merchandise for at least seven days and provides a	87770
full refund within thirty days to a purchaser who returns the	87771
merchandise or if the person solicits the sale on behalf of a	87772
membership club operating in compliance with regulations adopted	87773
by the federal trade commission in 16 C.F.R. 425;	87774

(9) A supervised financial institution or its subsidiary. As	87775
used in division (B)(9) of this section, "supervised financial	87776
institution" means a bank, trust company, savings and loan	87777
association, savings bank, credit union, industrial loan company,	87778
consumer finance lender, commercial finance lender, or institution	87779
described in section 2(c)(2)(F) of the "Bank Holding Company Act	87780
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	87781
official or agency of the United States, this state, or any other	87782
state of the United States; or a licensee or registrant under	87783
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	87784
1321.83 of the Revised Code.	87785

(10)(a) An insurance company, association, or other	87786
organization that is licensed or authorized to conduct business in	87787
this state by the superintendent of insurance pursuant to Title	87788
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	87789
when soliciting within the scope of its license or authorization.	87790

(b) A licensed insurance broker, agent, or solicitor when	87791
soliciting within the scope of the person's license. As used in	87792
division (B)(10)(b) of this section, "licensed insurance broker,	87793
agent, or solicitor" means any person licensed as an insurance	87794
broker, agent, or solicitor by the superintendent of insurance	87795
pursuant to Title XXXIX of the Revised Code.	87796

(11) A person soliciting the sale of services provided by a	87797
cable television system operating under authority of a	87798
governmental franchise or permit;	87799

(12) A person soliciting a business-to-business sale under	87800
which any of the following conditions are met:	87801

(a) The telephone solicitor has been operating continuously	87802
for at least three years under the same business name under which	87803
it solicits purchasers, and at least fifty-one per cent of its	87804
gross dollar volume of sales consists of repeat sales to existing	87805
customers to whom it has made sales under the same business name.	87806

(b) The purchaser business intends to resell the goods	87807
purchased.	87808

(c) The purchaser business intends to use the goods or	87809
services purchased in a recycling, reuse, manufacturing, or	87810
remanufacturing process.	87811

(d) The telephone solicitor is a publisher of a periodical or	87812
of magazines distributed as controlled circulation publications as	87813
defined in division (CC) of section 5739.01 of the Revised Code	87814
and is soliciting sales of advertising, subscriptions, reprints,	87815
lists, information databases, conference participation or	87816
sponsorships, trade shows or media products related to the	87817
periodical or magazine, or other publishing services provided by	87818
the controlled circulation publication.	87819

(13) A person that, not less often than once each year,	87820
publishes and delivers to potential purchasers a catalog that	87821
complies with both of the following:	87822

(a) It includes all of the following:

87823

(i) The business address of the seller;

87824

(ii) A written description or illustration of each good or	87825
service offered for sale;	87826

(iii) A clear and conspicuous disclosure of the sale price of	87827
each good or service; shipping, handling, and other charges; and	87828
return policy.	87829

(b) One of the following applies:

87830

(i) The catalog includes at least twenty-four pages of	87831
written material and illustrations, is distributed in more than	87832
one state, and has an annual postage-paid mail circulation of not	87833
less than two hundred fifty thousand households;	87834

(ii) The catalog includes at least ten pages of written	87835
material or an equivalent amount of material in electronic form on	87836
the internet or an on-line computer service, the person does not	87837
solicit customers by telephone but solely receives telephone calls	87838
made in response to the catalog, and during the calls the person	87839
takes orders but does not engage in further solicitation of the	87840
purchaser. As used in division (B)(13)(b)(ii) of this section,	87841
"further solicitation" does not include providing the purchaser	87842
with information about, or attempting to sell, any other item in	87843
the catalog that prompted the purchaser's call or in a	87844
substantially similar catalog issued by the seller.	87845

(14) A political subdivision or instrumentality of the United	87846
States, this state, or any state of the United States;	87847

(15) A college or university or any other public or private	87848
institution of higher education in this state;	87849

(16) A public utility as defined in section 4905.02 of the	87850
Revised Code or a retail natural gas supplier as defined in	87851
section 4929.01 of the Revised Code, if the utility or supplier is	87852
subject to regulation by the public utilities commission, or the	87853
affiliate of the utility or supplier;	87854

(17) A person that solicits sales through a television	87855
program or advertisement that is presented in the same market area	87856
no fewer than twenty days per month or offers for sale no fewer	87857
than ten distinct items of goods or services; and offers to the	87858
purchaser an unconditional right to return any good or service	87859
purchased within a period of at least seven days and to receive a	87860
full refund within thirty days after the purchaser returns the	87861
good or cancels the service;	87862

(18)(a) A person that, for at least one year, has been	87863
operating a retail business under the same name as that used in	87864
connection with telephone solicitation and both of the following	87865
occur on a continuing basis:	87866

(i) The person either displays goods and offers them for	87867
retail sale at the person's business premises or offers services	87868
for sale and provides them at the person's business premises.	87869

(ii) At least fifty-one per cent of the person's gross dollar	87870
volume of retail sales involves purchases of goods or services at	87871
the person's business premises.	87872

(b) An affiliate of a person that meets the requirements in	87873
division (B)(18)(a) of this section if the affiliate meets all of	87874
the following requirements:	87875

(i) The affiliate has operated a retail business for a period	87876
of less than one year;	87877

(ii) The affiliate either displays goods and offers them for	87878
retail sale at the affiliate's business premises or offers	87879
services for sale and provides them at the affiliate's business	87880
premises;	87881

(iii) At least fifty-one per cent of the affiliate's gross	87882
dollar volume of retail sales involves purchases of goods or	87883
services at the affiliate's business premises.	87884

(c) A person that, for a period of less than one year, has	87885
been operating a retail business in this state under the same name	87886
as that used in connection with telephone solicitation, as long as	87887
all of the following requirements are met:	87888

(i) The person either displays goods and offers them for	87889
retail sale at the person's business premises or offers services	87890
for sale and provides them at the person's business premises;	87891

(ii) The goods or services that are the subject of telephone	87892
solicitation are sold at the person's business premises, and at	87893
least sixty-five per cent of the person's gross dollar volume of	87894
retail sales involves purchases of goods or services at the	87895
person's business premises;	87896

(iii) The person conducts all telephone solicitation	87897
activities according to sections 310.3, 310.4, and 310.5 of the	87898
telemarketing sales rule adopted by the federal trade commission	87899
in 16 C.F.R. part 310.	87900

(19) A person who performs telephone solicitation sales	87901
services on behalf of other persons and to whom one of the	87902
following applies:	87903

(a) The person has operated under the same ownership,	87904
control, and business name for at least five years, and the person	87905
receives at least seventy-five per cent of its gross revenues from	87906
written telephone solicitation contracts with persons who come	87907
within one of the exemptions in division (B) of this section.	87908

(b) The person is an affiliate of one or more exempt persons	87909
and makes telephone solicitations on behalf of only the exempt	87910
persons of which it is an affiliate.	87911

(c) The person makes telephone solicitations on behalf of	87912
only exempt persons, the person and each exempt person on whose	87913
behalf telephone solicitations are made have entered into a	87914
written contract that specifies the manner in which the telephone	87915
solicitations are to be conducted and that at a minimum requires	87916
compliance with the telemarketing sales rule adopted by the	87917
federal trade commission in 16 C.F.R. part 310, and the person	87918
conducts the telephone solicitations in the manner specified in	87919
the written contract.	87920

(d) The person performs telephone solicitation for religious	87921
or political purposes, a charitable organization, a fund-raising	87922
council, or a professional solicitor in compliance with the	87923
registration and reporting requirements of Chapter 1716. of the	87924
Revised Code; and meets all of the following requirements:	87925

(i) The person has operated under the same ownership,	87926
control, and business name for at least five years, and the person	87927
receives at least fifty-one per cent of its gross revenues from	87928
written telephone solicitation contracts with persons who come	87929
within the exemption in division (B)(2) of this section;	87930

(ii) The person does not conduct a prize promotion or offer	87931
the sale of an investment opportunity;	87932

(iii) The person conducts all telephone solicitation	87933
activities according to sections 310.3, 310.4, and 310.5 of the	87934
telemarketing sales rules adopted by the federal trade commission	87935
in 16 C.F.R. part 310.	87936

(20) A person that is a licensed real estate salesperson or	87937
broker under Chapter 4735. of the Revised Code when soliciting	87938
within the scope of the person's license;	87939

(21)(a) Either of the following:

87940

(i) A publisher that solicits the sale of the publisher's	87941
periodical or magazine of general, paid circulation, or a person	87942
that solicits a sale of that nature on behalf of a publisher under	87943
a written agreement directly between the publisher and the person.	87944

(ii) A publisher that solicits the sale of the publisher's	87945
periodical or magazine of general, paid circulation, or a person	87946
that solicits a sale of that nature as authorized by a publisher	87947
under a written agreement directly with a publisher's	87948
clearinghouse provided the person is a resident of Ohio for more	87949
than three years and initiates all telephone solicitations from	87950
Ohio and the person conducts the solicitation and sale in	87951
compliance with 16 C.F.R. part 310, as adopted by the federal	87952
trade commission.	87953

(b) As used in division (B)(21) of this section, "periodical	87954
or magazine of general, paid circulation" excludes a periodical or	87955
magazine circulated only as part of a membership package or given	87956
as a free gift or prize from the publisher or person.	87957

(22) A person that solicits the sale of food, as defined in	87958
section 3715.01 of the Revised Code, or the sale of products of	87959
horticulture, as defined in section 5739.01 of the Revised Code,	87960
if the person does not intend the solicitation to result in, or	87961
the solicitation actually does not result in, a sale that costs	87962
the purchaser an amount greater than five hundred dollars.	87963

(23) A funeral director licensed pursuant to Chapter 4717. of	87964
the Revised Code when soliciting within the scope of that license,	87965
if both of the following apply:	87966

(a) The solicitation and sale are conducted in compliance	87967
with 16 C.F.R. part 453, as adopted by the federal trade	87968
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	87969
the Revised Code;	87970

(b) The person provides to the purchaser of any preneed	87971
funeral contract a notice that clearly and conspicuously sets	87972
forth the cancellation rights specified in division (G) of section	87973
1107.33 of the Revised Code, and retains a copy of the notice	87974
signed by the purchaser.	87975

(24) A person, or affiliate thereof, licensed to sell or	87976
issue Ohio instruments designated as travelers checks pursuant to	87977
sections 1315.01 to 1315.18 of the Revised Code.	87978

(25) A person that solicits sales from its previous	87979
purchasers and meets all of the following requirements:	87980

(a) The solicitation is made under the same business name	87981
that was previously used to sell goods or services to the	87982
purchaser;	87983

(b) The person has, for a period of not less than three	87984
years, operated a business under the same business name as that	87985
used in connection with telephone solicitation;	87986

(c) The person does not conduct a prize promotion or offer	87987
the sale of an investment opportunity;	87988

(d) The person conducts all telephone solicitation activities	87989
according to sections 310.3, 310.4, and 310.5 of the telemarketing	87990
sales rules adopted by the federal trade commission in 16 C.F.R.	87991
part 310;	87992

(e) Neither the person nor any of its principals has been	87993
convicted of, pleaded guilty to, or has entered a plea of no	87994
contest for a felony or a theft offense as defined in sections	87995
2901.02 and 2913.01 of the Revised Code or similar law of another	87996
state or of the United States;	87997

(f) Neither the person nor any of its principals has had	87998
entered against them an injunction or a final judgment or order,	87999
including an agreed judgment or order, an assurance of voluntary	88000
compliance, or any similar instrument, in any civil or	88001
administrative action involving engaging in a pattern of corrupt	88002
practices, fraud, theft, embezzlement, fraudulent conversion, or	88003
misappropriation of property; the use of any untrue, deceptive, or	88004
misleading representation; or the use of any unfair, unlawful,	88005
deceptive, or unconscionable trade act or practice.	88006

(26) An institution defined as a home health agency in	88007
section 3701.881 of the Revised Code, that conducts all telephone	88008
solicitation activities according to sections 310.3, 310.4, and	88009
310.5 of the telemarketing sales rules adopted by the federal	88010
trade commission in 16 C.F.R. part 310, and engages in telephone	88011
solicitation only within the scope of the institution's	88012
certification, accreditation, contract with the department of	88013
aging, or status as a home health agency; and that meets one of	88014
the following requirements:	88015

(a) The institution is certified as a provider of home health	88016
services under Title XVIII of the Social Security Act, 49 Stat.	88017
620, 42 U.S.C. 301, as amended;	88018

(b) The institution is accredited by either the joint	88019
commission on accreditation of health care organizations or the	88020
community health accreditation program;	88021

(c) The institution is providing ~~passport~~PASSPORT services	88022
under the direction of the ~~Ohio~~ department of aging under ~~section~~	88023
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	88024

(d) An affiliate of an institution that meets the	88025
requirements of division (B)(26)(a), (b), or (c) of this section	88026
when offering for sale substantially the same goods and services	88027
as those that are offered by the institution that meets the	88028
requirements of division (B)(26)(a), (b), or (c) of this section.	88029

(27) A person licensed by the department of health pursuant	88030
to section 3712.04 or 3712.041 of the Revised Code to provide a	88031
hospice care program or pediatric respite care program when	88032
conducting telephone solicitations within the scope of the	88033
person's license and according to sections 310.3, 310.4, and 310.5	88034
of the telemarketing sales rules adopted by the federal trade	88035
commission in 16 C.F.R. part 310.	88036

Sec. 4723.18. (A) The board of nursing shall authorize a	88037
licensed practical nurse to administer to an adult intravenous	88038
therapy if the nurse supplies evidence satisfactory to the board	88039
that all of the following are the case:	88040

(1) The nurse holds a current, valid license issued under	88041
this chapter to practice nursing as a licensed practical nurse.	88042

(2) The nurse has been authorized under section 4723.18 of	88043
the Revised Code to administer medications.	88044

(3) The nurse successfully completed a course of study in the	88045
safe performance of intravenous therapy approved by the board	88046
pursuant to section 4723.19 of the Revised Code or by an agency in	88047
another jurisdiction that regulates the practice of nursing and	88048
has requirements for intravenous therapy course approval that are	88049
substantially similar to the requirements in division (B) of	88050
section 4723.19 of the Revised Code, as determined by the board.	88051

(4) The nurse has successfully completed a minimum of forty	88052
hours of training that includes all of the following:	88053

(a) The curriculum established by rules adopted by the board;

88054

(b) Training in the anatomy and physiology of the	88055
cardiovascular system, signs and symptoms of local and systemic	88056
complications in the administration of fluids and antibiotic	88057
additives, and guidelines for management of these complications;	88058

(c) Any other training or instruction the board considers	88059
appropriate;	88060

(d) A testing component that requires the nurse to perform a	88061
successful demonstration of the intravenous procedures, including	88062
all skills needed to perform them safely.	88063

(B) Except as provided in section 4723.181 of the Revised	88064
Code and subject to the restrictions in division (D) of this	88065
section, a licensed practical nurse may perform intravenous	88066
therapy on an adult patient only if authorized by the board	88067
pursuant to division (A) of this section and only at the direction	88068
of one of the following:	88069

(1) A licensed physician, dentist, optometrist, or podiatrist	88070
who, except as provided in division (C)(2) of this section, is	88071
present and readily available at the facility where the	88072
intravenous therapy procedure is performed;	88073

(2) A registered nurse in accordance with division (C) of	88074
this section.	88075

(C)(1) Except as provided in division (C)(2) of this section	88076
and section 4723.181 of the Revised Code, when a licensed	88077
practical nurse authorized by the board to perform intravenous	88078
therapy performs an intravenous therapy procedure at the direction	88079
of a registered nurse, the registered nurse or another registered	88080
nurse shall be readily available at the site where the intravenous	88081
therapy is performed, and before the licensed practical nurse	88082
initiates the intravenous therapy, the registered nurse shall	88083
personally perform an on-site assessment of the adult patient who	88084
is to receive the intravenous therapy.	88085

(2) When a licensed practical nurse authorized by the board	88086
to perform intravenous therapy performs an intravenous therapy	88087
procedure in a home as defined in section 3721.10 of the Revised	88088
Code, or in an intermediate care facility for ~~the mentally~~	88089
~~retarded~~individuals with intellectual disabilities as defined in	88090
section ~~5111.20~~5124.01 of the Revised Code, at the direction of a	88091
registered nurse or licensed physician, dentist, optometrist, or	88092
podiatrist, a registered nurse shall be on the premises of the	88093
home or facility or accessible by some form of telecommunication.	88094

(D) No licensed practical nurse shall perform any of the	88095
following intravenous therapy procedures:	88096

(1) Initiating or maintaining any of the following:

88097

(a) Blood or blood components;

88098

(b) Solutions for total parenteral nutrition;

88099

(c) Any cancer therapeutic medication including, but not	88100
limited to, cancer chemotherapy or an anti-neoplastic agent;	88101

(d) Solutions administered through any central venous line or	88102
arterial line or any other line that does not terminate in a	88103
peripheral vein, except that a licensed practical nurse authorized	88104
by the board to perform intravenous therapy may maintain the	88105
solutions specified in division (D)(6)(a) of this section that are	88106
being administered through a central venous line or peripherally	88107
inserted central catheter;	88108

(e) Any investigational or experimental medication.

88109

(2) Initiating intravenous therapy in any vein, except that a	88110
licensed practical nurse authorized by the board to perform	88111
intravenous therapy may initiate intravenous therapy in accordance	88112
with this section in a vein of the hand, forearm, or antecubital	88113
fossa;	88114

(3) Discontinuing a central venous, arterial, or any other	88115
line that does not terminate in a peripheral vein;	88116

(4) Initiating or discontinuing a peripherally inserted	88117
central catheter;	88118

(5) Mixing, preparing, or reconstituting any medication for	88119
intravenous therapy, except that a licensed practical nurse	88120
authorized by the board to perform intravenous therapy may prepare	88121
or reconstitute an antibiotic additive;	88122

(6) Administering medication via the intravenous route,	88123
including all of the following activities:	88124

(a) Adding medication to an intravenous solution or to an	88125
existing infusion, except that a licensed practical nurse	88126
authorized by the board to perform intravenous therapy may do any	88127
of the following:	88128

(i) Initiate an intravenous infusion containing one or more	88129
of the following elements: dextrose 5%, normal saline, lactated	88130
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	88131
water;	88132

(ii) Hang subsequent containers of the intravenous solutions	88133
specified in division (D)(6)(a)(i) of this section that contain	88134
vitamins or electrolytes, if a registered nurse initiated the	88135
infusion of that same intravenous solution;	88136

(iii) Initiate or maintain an intravenous infusion containing	88137
an antibiotic additive.	88138

(b) Injecting medication via a direct intravenous route,	88139
except that a licensed practical nurse authorized by the board to	88140
perform intravenous therapy may inject heparin or normal saline to	88141
flush an intermittent infusion device or heparin lock including,	88142
but not limited to, bolus or push.	88143

(7) Changing tubing on any line including, but not limited	88144
to, an arterial line or a central venous line, except that a	88145
licensed practical nurse authorized by the board to perform	88146
intravenous therapy may change tubing on an intravenous line that	88147
terminates in a peripheral vein;	88148

(8) Programming or setting any function of a patient	88149
controlled infusion pump.	88150

(E) Notwithstanding divisions (A) and (D) of this section, at	88151
the direction of a physician or a registered nurse, a licensed	88152
practical nurse authorized by the board to perform intravenous	88153
therapy may perform the following activities for the purpose of	88154
performing dialysis:	88155

(1) The routine administration and regulation of saline	88156
solution for the purpose of maintaining an established fluid plan;	88157

(2) The administration of a heparin dose intravenously;

88158

(3) The administration of a heparin dose peripherally via a	88159
fistula needle;	88160

(4) The loading and activation of a constant infusion pump;

88161

(5) The intermittent injection of a dose of medication that	88162
is administered via the hemodialysis blood circuit and through the	88163
patient's venous access.	88164

(F) No person shall employ or direct a licensed practical	88165
nurse to perform an intravenous therapy procedure without first	88166
verifying that the licensed practical nurse is authorized by the	88167
board to perform intravenous therapy.	88168

Sec. 4723.35. (A) As used in this section, "chemical	88169
dependency" means either of the following:	88170

(1) The chronic and habitual use of alcoholic beverages to	88171
the extent that the user no longer can control the use of alcohol	88172
or endangers the user's health, safety, or welfare or that of	88173
others;	88174

(2) The use of a controlled substance as defined in section	88175
3719.01 of the Revised Code, a harmful intoxicant as defined in	88176
section 2925.01 of the Revised Code, or a dangerous drug as	88177
defined in section 4729.01 of the Revised Code, to the extent that	88178
the user becomes physically or psychologically dependent on the	88179
substance, intoxicant, or drug or endangers the user's health,	88180
safety, or welfare or that of others.	88181

(B) The board of nursing may abstain from taking disciplinary	88182
action under section 4723.28 or 4723.86 of the Revised Code	88183
against an individual with a chemical dependency if it finds that	88184
the individual can be treated effectively and there is no	88185
impairment of the individual's ability to practice according to	88186
acceptable and prevailing standards of safe care. The board shall	88187
establish a chemical dependency monitoring program to monitor the	88188
registered nurses, licensed practical nurses, dialysis	88189
technicians, and certified community health workers against whom	88190
the board has abstained from taking action. The board shall	88191
develop the program, select the program's name, and designate a	88192
coordinator to administer the program.	88193

(C) Determinations regarding an individual's eligibility for	88194
admission to, continued participation in, and successful	88195
completion of the monitoring program shall be made by the board's	88196
supervising member for disciplinary matters in accordance with	88197
rules adopted under division (D) of this section.	88198

(D) The board shall adopt rules in accordance with Chapter	88199
119. of the Revised Code that establish the following:	88200

(1) Eligibility requirements for admission to and continued	88201
participation in the monitoring program;	88202

(2) Terms and conditions that must be met to participate in	88203
and successfully complete the program;	88204

(3) Procedures for keeping confidential records regarding	88205
participants;	88206

(4) Any other requirements or procedures necessary to	88207
establish and administer the program.	88208

(E)(1) As a condition of being admitted to the monitoring	88209
program, an individual shall surrender to the program coordinator	88210
the license or certificate that the individual holds. While the	88211
surrender is in effect, the individual is prohibited from engaging	88212
in the practice of nursing, engaging in the provision of dialysis	88213
care, or engaging in the provision of services that were being	88214
provided as a certified community health worker.	88215

If the board's supervising member for disciplinary matters	88216
determines that a participant is capable of resuming practice	88217
according to acceptable and prevailing standards of safe care, the	88218
program coordinator shall return the participant's license or	88219
certificate. If the participant violates the terms and conditions	88220
of resumed practice, the coordinator shall require the participant	88221
to surrender the license or certificate as a condition of	88222
continued participation in the program. The coordinator may	88223
require the surrender only on the approval of the board's	88224
supervising member for disciplinary matters.	88225

The surrender of a license or certificate on admission to the	88226
monitoring program or while participating in the program does not	88227
constitute an action by the board under section 4723.28 or 4723.86	88228
of the Revised Code. The participant may rescind the surrender at	88229
any time and the board may proceed by taking action under section	88230
4723.28 or 4723.86 of the Revised Code.	88231

(2) If the program coordinator determines that a participant	88232
is significantly out of compliance with the terms and conditions	88233
for participation, the coordinator shall notify the board's	88234
supervising member for disciplinary matters and the supervising	88235
member shall determine whether to temporarily suspend the	88236
participant's license or certificate. The board shall notify the	88237
participant of the suspension by certified mail sent to the	88238
participant's last known address and shall refer the matter to the	88239
board for formal action under section 4723.28 or 4723.86 of the	88240
Revised Code.	88241

(F) All of the following apply with respect to the receipt,	88242
release, and maintenance of records and information by the	88243
monitoring program:	88244

(1) The program coordinator shall maintain all program	88245
records in the board's office, and for each participant, shall	88246
retain the records for a period of two years following the	88247
participant's date of successful completion of the program.	88248

(2) When applying to participate in the monitoring program,	88249
the applicant shall sign a waiver permitting the board to receive	88250
and release information necessary to determine whether the	88251
individual is eligible for admission. After being admitted, the	88252
participant shall sign a waiver permitting the board to receive	88253
and release information necessary to determine whether the	88254
individual is eligible for continued participation in the program.	88255
Information that may be necessary for the board's supervising	88256
member for disciplinary matters to determine eligibility for	88257
admission or continued participation in the monitoring program	88258
includes, but is not limited to, information provided to and by	88259
employers, probation officers, law enforcement agencies, peer	88260
assistance programs, health professionals, and treatment	88261
providers. No entity with knowledge that the information has been	88262
provided to the monitoring program shall divulge that knowledge to	88263
any other person.	88264

(3) Except as provided in division (F)(4) of this section,	88265
all records pertaining to an individual's application for or	88266
participation in the monitoring program, including medical	88267
records, treatment records, and mental health records, shall be	88268
confidential. The records are not public records for the purposes	88269
of section 149.43 of the Revised Code and are not subject to	88270
discovery by subpoena or admissible as evidence in any judicial	88271
proceeding.	88272

(4) The board may disclose information regarding a	88273
participant's progress in the program to any person or government	88274
entity that the participant authorizes in writing to be given the	88275
information. In disclosing information under this division, the	88276
board shall not include any information that is protected under	88277
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	88278
or regulation that provides for the confidentiality of medical,	88279
mental health, or substance abuse records.	88280

(G) In the absence of fraud or bad faith, the board as a	88281
whole, its individual members, and its employees and	88282
representatives are not liable for damages in any civil action as	88283
a result of disclosing information in accordance with division	88284
(F)(4) of this section. In the absence of fraud or bad faith, any	88285
person reporting to the program with regard to an individual's	88286
chemical dependence, or the progress or lack of progress of that	88287
individual with regard to treatment, is not liable for damages in	88288
any civil action as a result of the report.	88289

Sec. 4723.481. This section establishes standards and	88290
conditions regarding the authority of a clinical nurse specialist,	88291
certified nurse-midwife, or certified nurse practitioner to	88292
prescribe drugs and therapeutic devices under a certificate to	88293
prescribe issued under section ~~4723.481~~4723.48 of the Revised	88294
Code.	88295

(A) A clinical nurse specialist, certified nurse-midwife, or	88296
certified nurse practitioner shall not prescribe any drug or	88297
therapeutic device that is not included in the types of drugs and	88298
devices listed on the formulary established in rules adopted under	88299
section 4723.50 of the Revised Code.	88300

(B) The prescriptive authority of a clinical nurse	88301
specialist, certified nurse-midwife, or certified nurse	88302
practitioner shall not exceed the prescriptive authority of the	88303
collaborating physician or podiatrist, including the collaborating	88304
physician's authority to treat chronic pain with controlled	88305
substances and products containing tramadol as described in	88306
section 4731.052 of the Revised Code.	88307

(C)(1) Except as provided in division (C)(2) or (3) of this	88308
section, a clinical nurse specialist, certified nurse-midwife, or	88309
certified nurse practitioner may prescribe to a patient a schedule	88310
II controlled substance only if all of the following are the case:	88311

(a) The patient has a terminal condition, as defined in	88312
section 2133.01 of the Revised Code.	88313

(b) The collaborating physician of the clinical nurse	88314
specialist, certified nurse-midwife, or certified nurse	88315
practitioner initially prescribed the substance for the patient.	88316

(c) The prescription is for an amount that does not exceed	88317
the amount necessary for the patient's use in a single,	88318
twenty-four-hour period.	88319

(2) The restrictions on prescriptive authority in division	88320
(C)(1) of this section do not apply if a clinical nurse	88321
specialist, certified nurse-midwife, or certified nurse	88322
practitioner issues the prescription to the patient from any of	88323
the following locations:	88324

(a) A hospital registered under section 3701.07 of the	88325
Revised Code;	88326

(b) An entity owned or controlled, in whole or in part, by a	88327
hospital or by an entity that owns or controls, in whole or in	88328
part, one or more hospitals;	88329

(c) A health care facility operated by the department of	88330
~~mental health~~mental health and addiction services or the	88331
department of developmental disabilities;	88332

(d) A nursing home licensed under section 3721.02 of the	88333
Revised Code or by a political subdivision certified under section	88334
3721.09 of the Revised Code;	88335

(e) A county home or district home operated under Chapter	88336
5155. of the Revised Code that is certified under the medicare or	88337
medicaid program;	88338

(f) A hospice care program, as defined in section 3712.01 of	88339
the Revised Code;	88340

(g) A community mental health ~~agency~~services provider, as	88341
defined in section 5122.01 of the Revised Code;	88342

(h) An ambulatory surgical facility, as defined in section	88343
3702.30 of the Revised Code;	88344

(i) A freestanding birthing center, as defined in section	88345
~~3702.51~~3702.141 of the Revised Code;	88346

(j) A federally qualified health center, as defined in	88347
section 3701.047 of the Revised Code;	88348

(k) A federally qualified health center look-alike, as	88349
defined in section 3701.047 of the Revised Code;	88350

(l) A health care office or facility operated by the board of	88351
health of a city or general health district or the authority	88352
having the duties of a board of health under section 3709.05 of	88353
the Revised Code;	88354

(m) A site where a medical practice is operated, but only if	88355
the practice is comprised of one or more physicians who also are	88356
owners of the practice; the practice is organized to provide	88357
direct patient care; and the clinical nurse specialist, certified	88358
nurse-midwife, or certified nurse practitioner providing services	88359
at the site has a standard care arrangement and collaborates with	88360
at least one of the physician owners who practices primarily at	88361
that site.	88362

(3) A clinical nurse specialist, certified nurse-midwife, or	88363
certified nurse practitioner shall not issue to a patient a	88364
prescription for a schedule II controlled substance from a	88365
convenience care clinic even if the clinic is owned or operated by	88366
an entity specified in division (C)(2) of this section.	88367

(D) A pharmacist who acts in good faith reliance on a	88368
prescription issued by a clinical nurse specialist, certified	88369
nurse-midwife, or certified nurse practitioner under division	88370
(C)(2) of this section is not liable for or subject to any of the	88371
following for relying on the prescription: damages in any civil	88372
action, prosecution in any criminal proceeding, or professional	88373
disciplinary action by the state board of pharmacy under Chapter	88374
4729. of the Revised Code.	88375

(E) A clinical nurse specialist, certified nurse-midwife, or	88376
certified nurse practitioner may personally furnish to a patient a	88377
sample of any drug or therapeutic device included in the types of	88378
drugs and devices listed on the formulary, except that all of the	88379
following conditions apply:	88380

(1) The amount of the sample furnished shall not exceed a	88381
seventy-two-hour supply, except when the minimum available	88382
quantity of the sample is packaged in an amount that is greater	88383
than a seventy-two-hour supply, in which case the packaged amount	88384
may be furnished.	88385

(2) No charge may be imposed for the sample or for furnishing	88386
it.	88387

(3) Samples of controlled substances may not be personally	88388
furnished.	88389

(F) A clinical nurse specialist, certified nurse-midwife, or	88390
certified nurse practitioner may personally furnish to a patient a	88391
complete or partial supply of a drug or therapeutic device	88392
included in the types of drugs and devices listed on the	88393
formulary, except that all of the following conditions apply:	88394

(1) The clinical nurse specialist, certified nurse-midwife,	88395
or certified nurse practitioner shall personally furnish only	88396
antibiotics, antifungals, scabicides, contraceptives, prenatal	88397
vitamins, antihypertensives, drugs and devices used in the	88398
treatment of diabetes, drugs and devices used in the treatment of	88399
asthma, and drugs used in the treatment of dyslipidemia.	88400

(2) The clinical nurse specialist, certified nurse-midwife,	88401
or certified nurse practitioner shall not furnish the drugs and	88402
devices in locations other than a health department operated by	88403
the board of health of a city or general health district or the	88404
authority having the duties of a board of health under section	88405
3709.05 of the Revised Code, a federally funded comprehensive	88406
primary care clinic, or a nonprofit health care clinic or program.	88407

(3) The clinical nurse specialist, certified nurse-midwife,	88408
or certified nurse practitioner shall comply with all safety	88409
standards for personally furnishing supplies of drugs and devices,	88410
as established in rules adopted under section 4723.50 of the	88411
Revised Code.	88412

Sec. 4725.03. The governor, with the advice and consent of	88413
the senate, shall appoint a state board of optometry consisting of	88414
six nonmedical residents of this state, five of whom shall be	88415
persons actually engaged in the practice of optometry for five	88416
years preceding appointment and one of whom shall be a member of	88417
the public at least ~~sixty~~fifty years of age. Terms of office	88418
shall be five years, commencing on the twenty-sixth day of	88419
September and ending on the twenty-fifth day of September. Each	88420
member shall hold office from the date of appointment until the	88421
end of the term for which appointed. Any member appointed to fill	88422
a vacancy occurring prior to the expiration of the term for which	88423
the member's predecessor was appointed shall hold office for the	88424
remainder of the term. A member shall continue in office	88425
subsequent to the expiration date of the member's term until the	88426
member's successor takes office, or until a period of sixty days	88427
has elapsed, whichever occurs first. No person shall serve as a	88428
member for more than two terms.	88429

Sec. 4725.16. (A) Each certificate of licensure, topical	88430
ocular pharmaceutical agents certificate, and therapeutic	88431
pharmaceutical agents certificate issued by the state board of	88432
optometry shall expire annually on the last day of December, and	88433
may be renewed in accordance with this section and the standard	88434
renewal procedure established under Chapter 4745. of the Revised	88435
Code.	88436

An optometrist seeking to continue to practice optometry	88437
shall file with the board an application for license renewal. The	88438
application shall be in such form and require such pertinent	88439
professional biographical data as the board may require.	88440

(B) All licensed optometrists shall annually complete	88441
continuing education in subjects relating to the practice of	88442
optometry, to the end that the utilization and application of new	88443
techniques, scientific and clinical advances, and the achievements	88444
of research will assure comprehensive care to the public. The	88445
board shall prescribe by rule the continuing optometric education	88446
that licensed optometrists must complete. The length of study	88447
shall be twenty-five clock hours each year, including ten clock	88448
hours of instruction in pharmacology to be completed by all	88449
licensed optometrists.	88450

Unless the continuing education required under this division	88451
is waived or deferred under division (D) of this section, the	88452
continuing education must be completed during the twelve-month	88453
period beginning on the first day of October and ending on the	88454
last day of September. If the board receives notice from a	88455
continuing education program indicating that an optometrist	88456
completed the program after the last day of September, and the	88457
optometrist wants to use the continuing education completed after	88458
that day to renew the license that expires on the last day of	88459
December of that year, the optometrist shall pay the penalty	88460
specified under section 4725.34 of the Revised Code for late	88461
completion of continuing education.	88462

At least once annually, the board shall post on its web site	88463
and shall mail, or send by electronic mail, to each licensed	88464
optometrist a list of courses approved in accordance with	88465
standards prescribed by board rule. Upon the request of a licensed	88466
optometrist, the executive director of the board shall supply a	88467
list of additional courses that the board has approved subsequent	88468
to the most recent web site posting, electronic mail transmission,	88469
or mailing of the list of approved courses.	88470

(C)(1) Annually, not later than the first day of November,	88471
the board shall mail or send by electronic mail a notice regarding	88472
license renewal to each licensed optometrist who may be eligible	88473
for renewal. The notice shall be sent to the optometrist's ~~last~~	88474
most recent electronic mail or mailing address shown in the	88475
board's records. If the board knows that the optometrist has	88476
completed the required continuing optometric education for the	88477
year, the board may include with the notice an application for	88478
license renewal.	88479

(2) Filing a license renewal application with the board shall	88480
serve as notice by the optometrist that the continuing optometric	88481
education requirement has been successfully completed. If the	88482
board finds that an optometrist has not completed the required	88483
continuing optometric education, the board shall disapprove the	88484
optometrist's application. The board's disapproval of renewal is	88485
effective without a hearing, unless a hearing is requested	88486
pursuant to Chapter 119. of the Revised Code.	88487

(3) The board shall refuse to accept an application for	88488
renewal from any applicant whose license is not in good standing	88489
or who is under disciplinary review pursuant to section 4725.19 of	88490
the Revised Code.	88491

(4) Notice of an applicant's failure to qualify for renewal	88492
shall be served upon the applicant by mail. The notice shall be	88493
sent not later than the fifteenth day of November to the	88494
applicant's last address shown in the board's records.	88495

(D) In cases of certified illness or undue hardship, the	88496
board may waive or defer for up to twelve months the requirement	88497
of continuing optometric education, except that in such cases the	88498
board may not waive or defer the continuing education in	88499
pharmacology required to be completed by optometrists who hold	88500
topical ocular pharmaceutical agents certificates or therapeutic	88501
pharmaceutical agents certificates. The board shall waive the	88502
requirement of continuing optometric education for any optometrist	88503
who is serving in the armed forces of the United States or who has	88504
received an initial certificate of licensure during the nine-month	88505
period which ended on the last day of September.	88506

(E) An optometrist whose renewal application has been	88507
approved may renew each certificate held by paying to the	88508
treasurer of state the fees for renewal specified under section	88509
4725.34 of the Revised Code. On payment of all applicable fees,	88510
the board shall issue a renewal of the optometrist's certificate	88511
of licensure, topical ocular pharmaceutical agents certificate,	88512
and therapeutic pharmaceutical agents certificate, as appropriate.	88513

(F) Not later than the fifteenth day of December, the board	88514
shall mail or send by electronic mail a second notice regarding	88515
license renewal to each licensed optometrist who may be eligible	88516
for renewal but did not respond to the notice sent under division	88517
(C)(1) of this section. The notice shall be sent to the	88518
optometrist's ~~last~~most recent electronic mail or mailing address	88519
shown in the board's records. If an optometrist fails to file a	88520
renewal application after the second notice is sent, the board	88521
shall send a third notice regarding license renewal prior to any	88522
action under division (I) of this section to classify the	88523
optometrist's certificates as delinquent.	88524

(G) The failure of an optometrist to apply for license	88525
renewal or the failure to pay the applicable annual renewal fees	88526
on or before the date of expiration, shall automatically work a	88527
forfeiture of the optometrist's authority to practice optometry in	88528
this state.	88529

(H) The board shall accept renewal applications and renewal	88530
fees that are submitted from the first day of January to the last	88531
day of April of the year next succeeding the date of expiration.	88532
An individual who submits such a late renewal application or fee	88533
shall pay the late renewal fee specified in section 4725.34 of the	88534
Revised Code.	88535

(I)(1) If the certificates issued by the board to an	88536
individual have expired and the individual has not filed a	88537
complete application during the late renewal period, the	88538
individual's certificates shall be classified in the board's	88539
records as delinquent.	88540

(2) Any optometrist subject to delinquent classification may	88541
submit a written application to the board for reinstatement. For	88542
reinstatement to occur, the applicant must meet all of the	88543
following conditions:	88544

(a) Submit to the board evidence of compliance with board	88545
rules requiring continuing optometric education in a sufficient	88546
number of hours to make up for any delinquent compliance;	88547

(b) Pay the renewal fees for the year in which application	88548
for reinstatement is made and the reinstatement fee specified	88549
under division (A)(8) of section 4725.34 of the Revised Code;	88550

(c) Pass all or part of the licensing examination accepted by	88551
the board under section 4725.11 of the Revised Code as the board	88552
considers appropriate to determine whether the application for	88553
reinstatement should be approved;	88554

(d) If the applicant has been practicing optometry in another	88555
state or country, submit evidence that the applicant's license to	88556
practice optometry in the other state or country is in good	88557
standing.	88558

(3) The board shall approve an application for reinstatement	88559
if the conditions specified in division (I)(2) of this section are	88560
met. An optometrist who receives reinstatement is subject to the	88561
continuing education requirements specified under division (B) of	88562
this section for the year in which reinstatement occurs.	88563

Sec. 4729.51. (A) No person other than a registered	88564
wholesale distributor of dangerous drugs shall possess for sale,	88565
sell, distribute, or deliver, at wholesale, dangerous drugs,	88566
except as follows:	88567

(1) A pharmacist who is a licensed terminal distributor of	88568
dangerous drugs or who is employed by a licensed terminal	88569
distributor of dangerous drugs may make occasional sales of	88570
dangerous drugs at wholesale;	88571

(2) A licensed terminal distributor of dangerous drugs having	88572
more than one establishment or place may transfer or deliver	88573
dangerous drugs from one establishment or place for which a	88574
license has been issued to the terminal distributor to another	88575
establishment or place for which a license has been issued to the	88576
terminal distributor if the license issued for each establishment	88577
or place is in effect at the time of the transfer or delivery.	88578

(B)(1) No registered wholesale distributor of dangerous drugs	88579
shall possess for sale, or sell, at wholesale, dangerous drugs to	88580
any person other than the following:	88581

(a) Except as provided in division (B)(2)(a) of this section,	88582
a licensed health professional authorized to prescribe drugs;	88583

(b) An optometrist licensed under Chapter 4725. of the	88584
Revised Code who holds a topical ocular pharmaceutical agents	88585
certificate;	88586

88587

(d) A manufacturer of dangerous drugs;

88588

(e) Subject to division (B)(3) of this section, a licensed	88589
terminal distributor of dangerous drugs;	88590

(f) Carriers or warehouses for the purpose of carriage or	88591
storage;	88592

(g) Terminal or wholesale distributors of dangerous drugs who	88593
are not engaged in the sale of dangerous drugs within this state;	88594

(h) An individual who holds a current license, certificate,	88595
or registration issued under Title 47XLVII of the Revised Code	88596
and has been certified to conduct diabetes education by a national	88597
certifying body specified in rules adopted by the state board of	88598
pharmacy under section 4729.68 of the Revised Code, but only with	88599
respect to insulin that will be used for the purpose of diabetes	88600
education and only if diabetes education is within the	88601
individual's scope of practice under statutes and rules regulating	88602
the individual's profession;	88603

(i) An individual who holds a valid certificate issued by a	88604
nationally recognized S.C.U.B.A. diving certifying organization	88605
approved by the state board of pharmacy in rule, but only with	88606
respect to medical oxygen that will be used for the purpose of	88607
emergency care or treatment at the scene of a diving emergency;	88608

(j) Except as provided in division (B)(2)(b) of this section,	88609
a business entity that is a corporation formed under division (B)	88610
of section 1701.03 of the Revised Code, a limited liability	88611
company formed under Chapter 1705. of the Revised Code, or a	88612
professional association formed under Chapter 1785. of the Revised	88613
Code if the entity has a sole shareholder who is a licensed health	88614
professional authorized to prescribe drugs and is authorized to	88615
provide the professional services being offered by the entity;	88616

(k) Except as provided in division (B)(2)(c) of this section,	88617
a business entity that is a corporation formed under division (B)	88618
of section 1701.03 of the Revised Code, a limited liability	88619
company formed under Chapter 1705. of the Revised Code, a	88620
partnership or a limited liability partnership formed under	88621
Chapter 1775. of the Revised Code, or a professional association	88622
formed under Chapter 1785. of the Revised Code, if, to be a	88623
shareholder, member, or partner, an individual is required to be	88624
licensed, certified, or otherwise legally authorized under Title	88625
XLVII of the Revised Code to perform the professional service	88626
provided by the entity and each such individual is a licensed	88627
health professional authorized to prescribe drugs.	88628

(2) No registered wholesale distributor of dangerous drugs	88629
shall possess for sale, or sell, at wholesale, dangerous drugs to	88630
any of the following:	88631

(a) A prescriber who is employed by a pain management clinic	88632
that is not licensed as a terminal distributor of dangerous drugs	88633
with a pain management clinic classification issued under section	88634
4729.552 of the Revised Code;	88635

(b) A business entity described in division (B)(1)(j) of this	88636
section that is, or is operating, a pain management clinic without	88637
a license as a terminal distributor of dangerous drugs with a pain	88638
management clinic classification issued under section 4729.552 of	88639
the Revised Code;	88640

(c) A business entity described in division (B)(1)(k) of this	88641
section that is, or is operating, a pain management clinic without	88642
a license as a terminal distributor of dangerous drugs with a pain	88643
management clinic classification issued under section 4729.552 of	88644
the Revised Code.	88645

(3) No registered wholesale distributor of dangerous drugs	88646
shall possess dangerous drugs for sale at wholesale, or sell such	88647
drugs at wholesale, to a licensed terminal distributor of	88648
dangerous drugs, except as follows:	88649

(a) In the case of a terminal distributor with a category I	88650
license, only dangerous drugs described in category I, as defined	88651
in division (A)(1) of section 4729.54 of the Revised Code;	88652

(b) In the case of a terminal distributor with a category II	88653
license, only dangerous drugs described in category I and category	88654
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	88655
the Revised Code;	88656

(c) In the case of a terminal distributor with a category III	88657
license, dangerous drugs described in category I, category II, and	88658
category III, as defined in divisions (A)(1), (2), and (3) of	88659
section 4729.54 of the Revised Code;	88660

(d) In the case of a terminal distributor with a limited	88661
category I, II, or III license, only the dangerous drugs specified	88662
in the certificate furnished by the terminal distributor in	88663
accordance with section 4729.60 of the Revised Code.	88664

(C)(1) Except as provided in division (C)(4) of this section,	88665
no person shall sell, at retail, dangerous drugs.	88666

(2) Except as provided in division (C)(4) of this section, no	88667
person shall possess for sale, at retail, dangerous drugs.	88668

(3) Except as provided in division (C)(4) of this section, no	88669
person shall possess dangerous drugs.	88670

(4) Divisions (C)(1), (2), and (3) of this section do not	88671
apply to a registered wholesale distributor of dangerous drugs, a	88672
licensed terminal distributor of dangerous drugs, or a person who	88673
possesses, or possesses for sale or sells, at retail, a dangerous	88674
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	88675
4729., 4730., 4731., and 4741. of the Revised Code.	88676

Divisions (C)(1), (2), and (3) of this section do not apply	88677
to an individual who holds a current license, certificate, or	88678
registration issued under Title XLVII of the Revised Code and has	88679
been certified to conduct diabetes education by a national	88680
certifying body specified in rules adopted by the state board of	88681
pharmacy under section 4729.68 of the Revised Code, but only to	88682
the extent that the individual possesses insulin or personally	88683
supplies insulin solely for the purpose of diabetes education and	88684
only if diabetes education is within the individual's scope of	88685
practice under statutes and rules regulating the individual's	88686
profession.	88687

Divisions (C)(1), (2), and (3) of this section do not apply	88688
to an individual who holds a valid certificate issued by a	88689
nationally recognized S.C.U.B.A. diving certifying organization	88690
approved by the state board of pharmacy in rule, but only to the	88691
extent that the individual possesses medical oxygen or personally	88692
supplies medical oxygen for the purpose of emergency care or	88693
treatment at the scene of a diving emergency.	88694

(D) No licensed terminal distributor of dangerous drugs shall	88695
purchase for the purpose of resale dangerous drugs from any person	88696
other than a registered wholesale distributor of dangerous drugs,	88697
except as follows:	88698

(1) A licensed terminal distributor of dangerous drugs may	88699
make occasional purchases of dangerous drugs for resale from a	88700
pharmacist who is a licensed terminal distributor of dangerous	88701
drugs or who is employed by a licensed terminal distributor of	88702
dangerous drugs;	88703

(2) A licensed terminal distributor of dangerous drugs having	88704
more than one establishment or place may transfer or receive	88705
dangerous drugs from one establishment or place for which a	88706
license has been issued to the terminal distributor to another	88707
establishment or place for which a license has been issued to the	88708
terminal distributor if the license issued for each establishment	88709
or place is in effect at the time of the transfer or receipt.	88710

(E) A pharmacy that is a licensed terminal distributor of	88711
dangerous drugs may operate a remote dispensing system in	88712
accordance with section 4729.542 of the Revised Code.	88713

(F) No licensed terminal distributor of dangerous drugs shall	88714
engage in the sale or other distribution of dangerous drugs at	88715
retail or maintain possession, custody, or control of dangerous	88716
drugs for any purpose other than the distributor's personal use or	88717
consumption, at any establishment or place other than that or	88718
those described in the license issued by the state board of	88719
pharmacy to such terminal distributor.	88720

~~(F)~~(G) Nothing in this section shall be construed to	88721
interfere with the performance of official duties by any law	88722
enforcement official authorized by municipal, county, state, or	88723
federal law to collect samples of any drug, regardless of its	88724
nature or in whose possession it may be.	88725

Sec. 4729.54. (A) As used in this section and section	88726
4729.541 of the Revised Code:	88727

(1) "Category I" means single-dose injections of intravenous	88728
fluids, including saline, Ringer's lactate, five per cent dextrose	88729
and distilled water, and other intravenous fluids or parenteral	88730
solutions included in this category by rule of the state board of	88731
pharmacy, that have a volume of one hundred milliliters or more	88732
and that contain no added substances, or single-dose injections of	88733
epinephrine to be administered pursuant to sections 4765.38 and	88734
4765.39 of the Revised Code.	88735

(2) "Category II" means any dangerous drug that is not	88736
included in category I or III.	88737

(3) "Category III" means any controlled substance that is	88738
contained in schedule I, II, III, IV, or V.	88739

(4) "Emergency medical service organization" has the same	88740
meaning as in section 4765.01 of the Revised Code.	88741

(5) "Person" includes an emergency medical service	88742
organization.	88743

(6) "Schedule I, schedule II, schedule III, schedule IV, and	88744
schedule V" mean controlled substance schedules I, II, III, IV,	88745
and V, respectively, as established pursuant to section 3719.41 of	88746
the Revised Code and as amended.	88747

(B)(1) A person who desires to be licensed as a terminal	88748
distributor of dangerous drugs shall file with the executive	88749
director of the state board of pharmacy a verified application.	88750
After it is filed, the application may not be withdrawn without	88751
approval of the board.	88752

(2) An application shall contain all the following that apply	88753
in the applicant's case:	88754

(a) Information that the board requires relative to the	88755
qualifications of a terminal distributor of dangerous drugs set	88756
forth in section 4729.55 of the Revised Code;	88757

(b) A statement that the person wishes to be licensed as a	88758
category I, category II, category III, limited category I, limited	88759
category II, or limited category III terminal distributor of	88760
dangerous drugs;	88761

(c) If the person wishes to be licensed as a limited category	88762
I, limited category II, or limited category III terminal	88763
distributor of dangerous drugs, a notarized list of the dangerous	88764
drugs that the person wishes to possess, have custody or control	88765
of, and distribute, which list shall also specify the purpose for	88766
which those drugs will be used and their source;	88767

(d) If the person is an emergency medical service	88768
organization, the information that is specified in division (C)(1)	88769
of this section;	88770

(e) Except for an emergency medical service organization, the	88771
identity of the one establishment or place at which the person	88772
intends to engage in the sale or other distribution of dangerous	88773
drugs at retail, and maintain possession, custody, or control of	88774
dangerous drugs for purposes other than the person's own use or	88775
consumption and any place at which the person intends to operate a	88776
remote dispensing system in accordance with section 4729.542 of	88777
the Revised Code;	88778

(f) If the application pertains to a pain management clinic,	88779
information that demonstrates, to the satisfaction of the board,	88780
compliance with division (A) of section 4729.552 of the Revised	88781
Code.	88782

(C)(1) An emergency medical service organization that wishes	88783
to be licensed as a terminal distributor of dangerous drugs shall	88784
list in its application for licensure the following additional	88785
information:	88786

(a) The units under its control that the organization	88787
determines will possess dangerous drugs for the purpose of	88788
administering emergency medical services in accordance with	88789
Chapter 4765. of the Revised Code;	88790

(b) With respect to each such unit, whether the dangerous	88791
drugs that the organization determines the unit will possess are	88792
in category I, II, or III.	88793

(2) An emergency medical service organization that is	88794
licensed as a terminal distributor of dangerous drugs shall file a	88795
new application for such licensure if there is any change in the	88796
number, or location of, any of its units or any change in the	88797
category of the dangerous drugs that any unit will possess.	88798

(3) A unit listed in an application for licensure pursuant to	88799
division (C)(1) of this section may obtain the dangerous drugs it	88800
is authorized to possess from its emergency medical service	88801
organization or, on a replacement basis, from a hospital pharmacy.	88802
If units will obtain dangerous drugs from a hospital pharmacy, the	88803
organization shall file, and maintain in current form, the	88804
following items with the pharmacist who is responsible for the	88805
hospital's terminal distributor of dangerous drugs license:	88806

(a) A copy of its standing orders or protocol;

88807

(b) A list of the personnel employed or used by the	88808
organization to provide emergency medical services in accordance	88809
with Chapter 4765. of the Revised Code, who are authorized to	88810
possess the drugs, which list also shall indicate the personnel	88811
who are authorized to administer the drugs.	88812

(D) Each emergency medical service organization that applies	88813
for a terminal distributor of dangerous drugs license shall submit	88814
with its application the following:	88815

(1) A notarized copy of its standing orders or protocol,	88816
which orders or protocol shall be signed by a physician and	88817
specify the dangerous drugs that its units may carry, expressed in	88818
standard dose units;	88819

(2) A list of the personnel employed or used by the	88820
organization to provide emergency medical services in accordance	88821
with Chapter 4765. of the Revised Code.	88822

An emergency medical service organization that is licensed as	88823
a terminal distributor shall notify the board immediately of any	88824
changes in its standing orders or protocol.	88825

(E) There shall be six categories of terminal distributor of	88826
dangerous drugs licenses, which categories shall be as follows:	88827

(1) Category I license. A person who obtains this license may	88828
possess, have custody or control of, and distribute only the	88829
dangerous drugs described in category I.	88830

(2) Limited category I license. A person who obtains this	88831
license may possess, have custody or control of, and distribute	88832
only the dangerous drugs described in category I that were listed	88833
in the application for licensure.	88834

(3) Category II license. A person who obtains this license	88835
may possess, have custody or control of, and distribute only the	88836
dangerous drugs described in category I and category II.	88837

(4) Limited category II license. A person who obtains this	88838
license may possess, have custody or control of, and distribute	88839
only the dangerous drugs described in category I or category II	88840
that were listed in the application for licensure.	88841

(5) Category III license, which may include a pain management	88842
clinic classification issued under section 4729.552 of the Revised	88843
Code. A person who obtains this license may possess, have custody	88844
or control of, and distribute the dangerous drugs described in	88845
category I, category II, and category III. If the license includes	88846
a pain management clinic classification, the person may operate a	88847
pain management clinic.	88848

(6) Limited category III license. A person who obtains this	88849
license may possess, have custody or control of, and distribute	88850
only the dangerous drugs described in category I, category II, or	88851
category III that were listed in the application for licensure.	88852

(F) Except for an application made on behalf of an animal	88853
shelter, if an applicant for licensure as a limited category I,	88854
II, or III terminal distributor of dangerous drugs intends to	88855
administer dangerous drugs to a person or animal, the applicant	88856
shall submit, with the application, a notarized copy of its	88857
protocol or standing orders, which protocol or orders shall be	88858
signed by a licensed health professional authorized to prescribe	88859
drugs, specify the dangerous drugs to be administered, and list	88860
personnel who are authorized to administer the dangerous drugs in	88861
accordance with federal law or the law of this state. An	88862
application made on behalf of an animal shelter shall include a	88863
notarized list of the dangerous drugs to be administered to	88864
animals and the personnel who are authorized to administer the	88865
drugs to animals in accordance with section 4729.532 of the	88866
Revised Code. After obtaining a terminal distributor license, a	88867
licensee shall notify the board immediately of any changes in its	88868
protocol or standing orders, or in such personnel.	88869

(G)(1) Except as provided in division (G)(2) of this section,	88870
each applicant for licensure as a terminal distributor of	88871
dangerous drugs shall submit, with the application, a license fee	88872
determined as follows:	88873

(a) For a category I or limited category I license,	88874
forty-five dollars;	88875

(b) For a category II or limited category II license, one	88876
hundred twelve dollars and fifty cents;	88877

(c) For a category III license, including a license with a	88878
pain management clinic classification issued under section	88879
4729.552 of the Revised Code, or a limited category III license,	88880
one hundred fifty dollars.	88881

(2) For a professional association, corporation, partnership,	88882
or limited liability company organized for the purpose of	88883
practicing veterinary medicine, the fee shall be forty dollars.	88884

(3) Fees assessed under divisions (G)(1) and (2) of this	88885
section shall not be returned if the applicant fails to qualify	88886
for registration.	88887

(H)(1) The board shall issue a terminal distributor of	88888
dangerous drugs license to each person who submits an application	88889
for such licensure in accordance with this section, pays the	88890
required license fee, is determined by the board to meet the	88891
requirements set forth in section 4729.55 of the Revised Code, and	88892
satisfies any other applicable requirements of this section.	88893

(2) The license of a person other than an emergency medical	88894
service organization shall describe the one establishment or place	88895
at which the licensee may engage in the sale or other distribution	88896
of dangerous drugs at retail and maintain possession, custody, or	88897
control of dangerous drugs for purposes other than the licensee's	88898
own use or consumption and any place at which the person intends	88899
to operate a remote dispensing system in accordance with section	88900
4729.542 of the Revised Code. The one establishment or place and	88901
any place at which the person intends to operate a remote	88902
dispensing system shall be ~~that which is~~those described in the	88903
application for licensure.	88904

No such license shall authorize or permit the terminal	88905
distributor of dangerous drugs named in it to engage in the sale	88906
or other distribution of dangerous drugs at retail or to maintain	88907
possession, custody, or control of dangerous drugs for any purpose	88908
other than the distributor's own use or consumption, at any	88909
establishment or place other than ~~that~~those described in the	88910
license, except that an agent or employee of an animal shelter may	88911
possess and use dangerous drugs in the course of business as	88912
provided in division (D) of section 4729.532 of the Revised Code.	88913

(3) The license of an emergency medical service organization	88914
shall cover and describe all the units of the organization listed	88915
in its application for licensure.	88916

(4) The license of every terminal distributor of dangerous	88917
drugs shall indicate, on its face, the category of licensure. If	88918
the license is a limited category I, II, or III license, it shall	88919
specify, and shall authorize the licensee to possess, have custody	88920
or control of, and distribute only, the dangerous drugs that were	88921
listed in the application for licensure.	88922

(I) All licenses issued pursuant to this section shall be	88923
effective for a period of twelve months from the first day of	88924
January of each year. A license shall be renewed by the board for	88925
a like period, annually, according to the provisions of this	88926
section, and the standard renewal procedure of Chapter 4745. of	88927
the Revised Code. A person who desires to renew a license shall	88928
submit an application for renewal and pay the required fee on or	88929
before the thirty-first day of December each year. The fee	88930
required for the renewal of a license shall be the same as the fee	88931
paid for the license being renewed, and shall accompany the	88932
application for renewal.	88933

A license that has not been renewed during December in any	88934
year and by the first day of February of the following year may be	88935
reinstated only upon payment of the required renewal fee and a	88936
penalty fee of fifty-five dollars.	88937

(J)(1) No emergency medical service organization that is	88938
licensed as a terminal distributor of dangerous drugs shall fail	88939
to comply with division (C)(2) or (3) of this section.	88940

(2) No emergency medical service organization that is	88941
licensed as a terminal distributor of dangerous drugs shall fail	88942
to comply with division (D) of this section.	88943

(3) No licensed terminal distributor of dangerous drugs shall	88944
possess, have custody or control of, or distribute dangerous drugs	88945
that the terminal distributor is not entitled to possess, have	88946
custody or control of, or distribute by virtue of its category of	88947
licensure.	88948

(4) No licensee that is required by division (F) of this	88949
section to notify the board of changes in its protocol or standing	88950
orders, or in personnel, shall fail to comply with that division.	88951

Sec. 4729.542. (A) As used in this section, "remote	88952
dispensing system" means a mechanical system for dispensing drugs	88953
that is installed in a facility and communicates electronically	88954
with a pharmacy.	88955

(B) A pharmacy licensed under this chapter as a terminal	88956
distributor of dangerous drugs may use a remote dispensing system	88957
to assist in the distribution of dangerous drugs at a nursing home	88958
or residential care facility licensed under Chapter 3721. of the	88959
Revised Code if all of the following requirements are met:	88960

(1) The system has a documented and ongoing quality assurance	88961
program that monitors total system performance and requires one	88962
hundred per cent accuracy in drugs dispensed and their strength.	88963

(2) The system has security adequate to prevent unauthorized	88964
access to dangerous drugs.	88965

(3) Records kept by the system comply with requirements of	88966
the state board of pharmacy.	88967

(C) A pharmacist licensed under this chapter is not required	88968
to maintain supervision and control of a remote dispensing system	88969
or be physically present at the facility where the system is used	88970
to dispense drugs.	88971

(D) As part of the quality assurance program required by	88972
division (B)(1) of this section, the facility where the remote	88973
dispensing system is located shall complete periodic audits of	88974
controlled substances dispensed through the system.	88975

Sec. 4729.69. (A) The state board of pharmacy, in	88976
collaboration with the director of ~~alcohol and drug addiction~~	88977
~~services~~mental health and addiction services and attorney	88978
general, shall establish and administer a drug take-back program	88979
under which drugs are collected from the community for the purpose	88980
of destruction or disposal of the drugs.	88981

(B) The program shall be established and administered in such	88982
a manner that it does both of the following:	88983

(1) Complies with any state or federal laws regarding the	88984
collection, destruction, or disposal of drugs;	88985

(2) Maintains the confidentiality of individuals who submit	88986
or otherwise provide drugs under the program.	88987

(C) In consultation with the director of ~~alcohol and drug~~	88988
~~addiction services~~mental health and addiction services and	88989
attorney general, the board shall adopt rules governing the	88990
program. The rules shall be adopted in accordance with Chapter	88991
119. of the Revised Code. In adopting the rules, the board shall	88992
specify all of the following:	88993

(1) The entities that may participate;

88994

(2) Guidelines and responsibilities for accepting drugs by	88995
participating entities;	88996

(3) Drugs that may be collected;

88997

(4) Record-keeping requirements;

88998

(5) Proper methods to destroy unused drugs;

88999

(6) Privacy protocols and security standards;

89000

(7) Drug transportation procedures;

89001

(8) The schedule, duration, and frequency of the collections	89002
of drugs, except that the first collection shall occur not later	89003
than one year after ~~the effective date of this section~~May 20,	89004
2011;	89005

(9) Any other standards and procedures the board considers	89006
necessary for purposes of governing the program.	89007

(D) In accordance with state and federal law, the board may	89008
adopt rules to allow an entity participating in the program to	89009
return any unused drugs to the pharmacy that originally dispensed	89010
the drug. The rules shall include procedures to be followed to	89011
maintain the confidentiality of the person for whom the drug was	89012
dispensed.	89013

(E) Rules adopted under this section may not do any of the	89014
following:	89015

(1) Require any entity to establish, fund, or operate a drug	89016
take-back program;	89017

(2) Establish any new licensing requirement or fee to	89018
participate in the program;	89019

(3) Require any entity to compile data on drugs collected.

89020

(F) The board may compile data on the amount and type of	89021
drugs collected under the program. For purposes of this division,	89022
the board may cooperate with a public or private entity in	89023
obtaining assistance in the compilation of data. An entity	89024
providing the assistance shall not be reimbursed under the program	89025
for any costs incurred in providing the assistance.	89026

(G) If the board compiles data under division (F) of this	89027
section, the board shall submit a report to the governor and, in	89028
accordance with section 101.68 of the Revised Code, the general	89029
assembly. The report, to the extent possible, shall include the	89030
following information:	89031

(1) Total weight of drugs collected, both with and without	89032
packaging;	89033

(2) The weight of controlled substances;

89034

(3) The amount of all of the following as a per cent of total	89035
drugs collected:	89036

(a) Controlled substances;

89037

(b) Brand name drugs;

89038

89039

(d) Prescription drugs;

89040

(e) Non-prescription drugs.

89041

(4) The amount of vitamins, herbal supplements, and personal	89042
care products collected;	89043

(5) If provided by the person who submitted or otherwise	89044
donated drugs to the program, the reasons why the drugs were	89045
returned or unused.	89046

(H) No entity is required to participate in a drug take-back	89047
program established under this section, and no entity shall be	89048
subject to civil liability or professional disciplinary action for	89049
declining to participate.	89050

(I) The board may accept grants, gifts, or donations for	89051
purposes of the program. Money received under this division shall	89052
be deposited into the drug take-back program fund established	89053
under section 109.90 of the Revised Code.	89054

Sec. 4729.77. (A) If the state board of pharmacy establishes	89055
and maintains a drug database pursuant to section 4729.75 of the	89056
Revised Code, each pharmacy licensed as a terminal distributor of	89057
dangerous drugs that dispenses drugs to patients in this state and	89058
is included in the types of pharmacies specified in rules adopted	89059
under section 4729.84 of the Revised Code shall submit to the	89060
board the following prescription information:	89061

(1) Terminal distributor identification;

89062

(2) Patient identification;

89063

(3) Prescriber identification;

89064

(4) Date prescription was issued by prescriber;

89065

(5) Date drug was dispensed;

89066

(6) Indication of whether the drug dispensed is new or a	89067
refill;	89068

(7) Name, strength, and national drug code of the drug	89069
dispensed;	89070

(8) Quantity of drug dispensed;

89071

(9) Number of days' supply of drug dispensed;

89072

(10) Serial or prescription number assigned by the terminal	89073
distributor;	89074

(11) Source of payment for the drug dispensed.

89075

(B)(1) The information shall be transmitted as specified by	89076
the board in rules adopted under section 4729.84 of the Revised	89077
Code.	89078

(2) The information shall be submitted electronically in the	89079
format specified by the board, except that the board may grant a	89080
waiver allowing the distributor to submit the information in	89081
another format.	89082

(3) The information shall be submitted ~~in accordance with any~~	89083
~~time limits specified by the board~~not less than once each day	89084
that the distributor conducts business, except that the board may	89085
grant an extension if either of the following occurs:	89086

(a) The distributor suffers a mechanical or electronic	89087
failure, or cannot meet the deadline for other reasons beyond the	89088
distributor's control.	89089

(b) The board is unable to receive electronic submissions.

89090

(C) This section does not apply to a prescriber personally	89091
furnishing or administering dangerous drugs to the prescriber's	89092
patient.	89093

Sec. 4729.78. (A) If the state board of pharmacy establishes	89094
and maintains a drug database pursuant to section 4729.75 of the	89095
Revised Code, each wholesale distributor of dangerous drugs that	89096
delivers drugs in this state to prescribers or terminal	89097
distributors of dangerous drugs shall submit to the board the	89098
following purchase information:	89099

(1) Purchaser identification;

89100

(2) Identification of the drug sold;

89101

(3) Quantity of the drug sold;

89102

(4) Date of sale;

89103

(5) The wholesale distributor's license number issued by the	89104
board.	89105

(B)(1) The information shall be transmitted as specified by	89106
the board in rules adopted under section 4729.84 of the Revised	89107
Code.	89108

(2) The information shall be submitted electronically in the	89109
format specified by the board, except that the board may grant a	89110
waiver allowing the distributor to submit the information in	89111
another format.	89112

(3) The information shall be submitted ~~in accordance with any~~	89113
~~time limits specified by the board~~not less than once each day	89114
that the distributor conducts business, except that the board may	89115
grant an extension if either of the following occurs:	89116

(a) The distributor suffers a mechanical or electronic	89117
failure, or cannot meet the deadline for other reasons beyond the	89118
distributor's control.	89119

(b) The board is unable to receive electronic submissions.

89120

Sec. 4729.79. (A) If the state board of pharmacy establishes	89121
and maintains a drug database pursuant to section 4729.75 of the	89122
Revised Code, each licensed health professional authorized to	89123
prescribe drugs, except as provided in division (C) of this	89124
section, who personally furnishes to a patient a controlled	89125
substance or other dangerous drug the board includes in the	89126
database pursuant to rules adopted under section 4729.84 of the	89127
Revised Code shall submit to the board the following information:	89128

(1) Prescriber identification;

89129

(2) Patient identification;

89130

(3) Date drug was furnished by the prescriber;

89131

(4) Indication of whether the drug furnished is new or a	89132
refill;	89133

(5) Name, strength, and national drug code of drug furnished;

89134

(6) Quantity of drug furnished;

89135

(7) Number of days' supply of drug furnished;

89136

(8) Source of payment for the drug furnished;

89137

(9) Identification of the owner of the drug furnished.

89138

(B)(1) The information shall be transmitted as specified by	89139
the board in rules adopted under section 4729.84 of the Revised	89140
Code.	89141

(2) The information shall be submitted electronically in the	89142
format specified by the board, except that the board may grant a	89143
waiver allowing the prescriber to submit the information in	89144
another format.	89145

(3) The information shall be submitted ~~in accordance with any~~	89146
~~time limits specified by the board~~not less than once each day	89147
that the prescriber conducts business, except that the board may	89148
grant an extension if either of the following occurs:	89149

(a) The prescriber's transmission system suffers a mechanical	89150
or electronic failure, or the prescriber cannot meet the deadline	89151
for other reasons beyond the prescriber's control.	89152

(b) The board is unable to receive electronic submissions.

89153

(C)(1) The information required to be submitted under	89154
division (A) of this section may be submitted on behalf of the	89155
prescriber by the owner of the drug being personally furnished or	89156
by a delegate approved by that owner.	89157

(2) The requirements of this section to submit information to	89158
the board do not apply to a prescriber who is a veterinarian.	89159

(D) If the board becomes aware of a prescriber's failure to	89160
comply with this section, the board shall notify the government	89161
entity responsible for licensing the prescriber.	89162

Sec. 4729.80. (A) If the state board of pharmacy establishes	89163
and maintains a drug database pursuant to section 4729.75 of the	89164
Revised Code, the board is authorized or required to provide	89165
information from the database in accordance with the following:	89166

(1) On receipt of a request from a designated representative	89167
of a government entity responsible for the licensure, regulation,	89168
or discipline of health care professionals with authority to	89169
prescribe, administer, or dispense drugs, the board may provide to	89170
the representative information from the database relating to the	89171
professional who is the subject of an active investigation being	89172
conducted by the government entity.	89173

(2) On receipt of a request from a federal officer, or a	89174
state or local officer of this or any other state, whose duties	89175
include enforcing laws relating to drugs, the board shall provide	89176
to the officer information from the database relating to the	89177
person who is the subject of an active investigation of a drug	89178
abuse offense, as defined in section 2925.01 of the Revised Code,	89179
being conducted by the officer's employing government entity.	89180

(3) Pursuant to a subpoena issued by a grand jury, the board	89181
shall provide to the grand jury information from the database	89182
relating to the person who is the subject of an investigation	89183
being conducted by the grand jury.	89184

(4) Pursuant to a subpoena, search warrant, or court order in	89185
connection with the investigation or prosecution of a possible or	89186
alleged criminal offense, the board shall provide information from	89187
the database as necessary to comply with the subpoena, search	89188
warrant, or court order.	89189

(5) On receipt of a request from a prescriber or the	89190
prescriber's delegate approved by the board, the board may provide	89191
to the prescriber information from the database relating to a	89192
patient who is either of the following, if the prescriber	89193
certifies in a form specified by the board that it is for the	89194
purpose of providing medical treatment to the patient who is the	89195
subject of the request;	89196

(a) A current patient of the prescriber;

89197

(b) A potential patient of the prescriber based on a referral	89198
of the patient to the prescriber.	89199

(6) On receipt of a request from a pharmacist or the	89200
pharmacist's delegate approved by the board, the board may provide	89201
to the pharmacist information from the database relating to a	89202
current patient of the pharmacist, if the pharmacist certifies in	89203
a form specified by the board that it is for the purpose of the	89204
pharmacist's practice of pharmacy involving the patient who is the	89205
subject of the request.	89206

(7) On receipt of a request from an individual seeking the	89207
individual's own database information in accordance with the	89208
procedure established in rules adopted under section 4729.84 of	89209
the Revised Code, the board may provide to the individual the	89210
individual's own database information.	89211

(8) On receipt of a request from the medical director of a	89212
managed care organization that has entered into a data security	89213
agreement with the board required by section ~~5111.1710~~5167.14 of	89214
the Revised Code, the board ~~may~~shall provide to the medical	89215
director information from the database relating to a medicaid	89216
recipient enrolled in the managed care organization, including	89217
information in the database related to prescriptions for the	89218
recipient that were not covered or reimbursed under a program	89219
administered by the department of medicaid.	89220

(9) On receipt of a request from the medicaid director ~~of job~~	89221
~~and family services~~, the board ~~may~~shall provide to the director	89222
information from the database relating to a recipient of a program	89223
administered by the department of ~~job and family services~~	89224
medicaid, including information in the database related to	89225
prescriptions for the recipient that were not covered or paid by a	89226
program administered by the department.	89227

(10) On receipt of a request from the administrator of	89228
workers' compensation, the board may provide to the administrator	89229
information from the database relating to a claimant under Chapter	89230
4121., 4123., 4127., or 4131. of the Revised Code.	89231

(11) On receipt of a request from a requestor described in	89232
division (A)(1), (2), (5), or (6) of this section who is from or	89233
participating with another state's prescription monitoring	89234
program, the board may provide to the requestor information from	89235
the database, but only if there is a written agreement under which	89236
the information is to be used and disseminated according to the	89237
laws of this state.	89238

(B) The state board of pharmacy shall maintain a record of	89239
each individual or entity that requests information from the	89240
database pursuant to this section. In accordance with rules	89241
adopted under section 4729.84 of the Revised Code, the board may	89242
use the records to document and report statistics and law	89243
enforcement outcomes.	89244

The board may provide records of an individual's requests for	89245
database information to the following:	89246

(1) A designated representative of a government entity that	89247
is responsible for the licensure, regulation, or discipline of	89248
health care professionals with authority to prescribe, administer,	89249
or dispense drugs who is involved in an active investigation being	89250
conducted by the government entity of the individual who submitted	89251
the requests for database information;	89252

(2) A federal officer, or a state or local officer of this or	89253
any other state, whose duties include enforcing laws relating to	89254
drugs and who is involved in an active investigation being	89255
conducted by the officer's employing government entity of the	89256
individual who submitted the requests for database information.	89257

(C) Information contained in the database and any information	89258
obtained from it is not a public record. Information contained in	89259
the records of requests for information from the database is not a	89260
public record. Information that does not identify a person may be	89261
released in summary, statistical, or aggregate form.	89262

(D) A pharmacist or prescriber shall not be held liable in	89263
damages to any person in any civil action for injury, death, or	89264
loss to person or property on the basis that the pharmacist or	89265
prescriber did or did not seek or obtain information from the	89266
database.	89267

Sec. 4729.81. If the state board of pharmacy establishes and	89268
maintains a drug database pursuant to section 4729.75 of the	89269
Revised Code, the board shall review the information in the drug	89270
database. If the board determines from the review that a violation	89271
of law may have occurred, it shall notify the appropriate law	89272
enforcement agency or a government entity responsible for the	89273
licensure, regulation, or discipline of licensed health	89274
professionals authorized to prescribe drugs and supply information	89275
required by the agency or entity for an investigation of the	89276
violation of law that may have occurred. The board also shall	89277
notify the medicaid director if the board determines that the	89278
violation may have been committed by a provider of services under	89279
a program administered by the department of medicaid.	89280

Sec. 4729.99. (A) Whoever violates section 4729.16, division	89281
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	89282
Code is guilty of a minor misdemeanor. Each day's violation	89283
constitutes a separate offense.	89284

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	89285
the Revised Code is guilty of a misdemeanor of the third degree.	89286
Each day's violation constitutes a separate offense. If the	89287
offender previously has been convicted of or pleaded guilty to a	89288
violation of this chapter, that person is guilty of a misdemeanor	89289
of the second degree.	89290

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	89291
the Revised Code is guilty of a misdemeanor.	89292

(D) Whoever violates division (A), (B), (D), or ~~(E)~~(F) of	89293
section 4729.51 of the Revised Code is guilty of a misdemeanor of	89294
the first degree.	89295

(E)(1) Whoever violates section 4729.37, division (C)(2) of	89296
section 4729.51, division (J) of section 4729.54, or section	89297
4729.61 of the Revised Code is guilty of a felony of the fifth	89298
degree. If the offender previously has been convicted of or	89299
pleaded guilty to a violation of this chapter or a violation of	89300
Chapter 2925. or 3719. of the Revised Code, that person is guilty	89301
of a felony of the fourth degree.	89302

(2) If an offender is convicted of or pleads guilty to a	89303
violation of section 4729.37, division (C) of section 4729.51,	89304
division (J) of section 4729.54, or section 4729.61 of the Revised	89305
Code, if the violation involves the sale, offer to sell, or	89306
possession of a schedule I or II controlled substance, with the	89307
exception of marihuana, and if the court imposing sentence upon	89308
the offender finds that the offender as a result of the violation	89309
is a major drug offender, as defined in section 2929.01 of the	89310
Revised Code, and is guilty of a specification of the type	89311
described in section 2941.1410 of the Revised Code, the court, in	89312
lieu of the prison term authorized or required by division (E)(1)	89313
of this section and sections 2929.13 and 2929.14 of the Revised	89314
Code and in addition to any other sanction imposed for the offense	89315
under sections 2929.11 to 2929.18 of the Revised Code, shall	89316
impose upon the offender, in accordance with division (B)(3) of	89317
section 2929.14 of the Revised Code, the mandatory prison term	89318
specified in that division.	89319

(3) Notwithstanding any contrary provision of section 3719.21	89320
of the Revised Code, the clerk of court shall pay any fine imposed	89321
for a violation of section 4729.37, division (C) of section	89322
4729.51, division (J) of section 4729.54, or section 4729.61 of	89323
the Revised Code pursuant to division (A) of section 2929.18 of	89324
the Revised Code in accordance with and subject to the	89325
requirements of division (F) of section 2925.03 of the Revised	89326
Code. The agency that receives the fine shall use the fine as	89327
specified in division (F) of section 2925.03 of the Revised Code.	89328

(F) Whoever violates section 4729.531 of the Revised Code or	89329
any rule adopted thereunder or section 4729.532 of the Revised	89330
Code is guilty of a misdemeanor of the first degree.	89331

(G) Whoever violates division (C)(1) of section 4729.51 of	89332
the Revised Code is guilty of a felony of the fourth degree. If	89333
the offender has previously been convicted of or pleaded guilty to	89334
a violation of this chapter, or of a violation of Chapter 2925. or	89335
3719. of the Revised Code, that person is guilty of a felony of	89336
the third degree.	89337

(H) Whoever violates division (C)(3) of section 4729.51 of	89338
the Revised Code is guilty of a misdemeanor of the first degree.	89339
If the offender has previously been convicted of or pleaded guilty	89340
to a violation of this chapter, or of a violation of Chapter 2925.	89341
or 3719. of the Revised Code, that person is guilty of a felony of	89342
the fifth degree.	89343

(I)(1) Whoever violates division (B) of section 4729.42 of	89344
the Revised Code is guilty of unauthorized pharmacy-related drug	89345
conduct. Except as otherwise provided in this section,	89346
unauthorized pharmacy-related drug conduct is a misdemeanor of the	89347
second degree. If the offender previously has been convicted of or	89348
pleaded guilty to a violation of division (B), (C), (D), or (E) of	89349
that section, unauthorized pharmacy-related drug conduct is a	89350
misdemeanor of the first degree on a second offense and a felony	89351
of the fifth degree on a third or subsequent offense.	89352

(2) Whoever violates division (C) or (D) of section 4729.42	89353
of the Revised Code is guilty of permitting unauthorized	89354
pharmacy-related drug conduct. Except as otherwise provided in	89355
this section, permitting unauthorized pharmacy-related drug	89356
conduct is a misdemeanor of the second degree. If the offender	89357
previously has been convicted of or pleaded guilty to a violation	89358
of division (B), (C), (D), or (E) of that section, permitting	89359
unauthorized pharmacy-related drug conduct is a misdemeanor of the	89360
first degree on a second offense and a felony of the fifth degree	89361
on a third or subsequent offense.	89362

(3) Whoever violates division (E) of section 4729.42 of the	89363
Revised Code is guilty of the offense of falsification under	89364
section 2921.13 of the Revised Code. In addition to any other	89365
sanction imposed for the violation, the offender is forever	89366
disqualified from engaging in any activity specified in division	89367
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	89368
from performing any function as a health care professional or	89369
health care worker. As used in this division, "health care	89370
professional" and "health care worker" have the same meanings as	89371
in section 2305.234 of the Revised Code.	89372

(4) Notwithstanding any contrary provision of section 3719.21	89373
of the Revised Code or any other provision of law that governs the	89374
distribution of fines, the clerk of the court shall pay any fine	89375
imposed pursuant to division (I)(1), (2), or (3) of this section	89376
to the state board of pharmacy if the board has adopted a written	89377
internal control policy under division (F)(2) of section 2925.03	89378
of the Revised Code that addresses fine moneys that it receives	89379
under Chapter 2925. of the Revised Code and if the policy also	89380
addresses fine moneys paid under this division. The state board of	89381
pharmacy shall use the fines so paid in accordance with the	89382
written internal control policy to subsidize the board's law	89383
enforcement efforts that pertain to drug offenses.	89384

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	89385
the Revised Code is guilty of a misdemeanor of the third degree.	89386
If the offender has previously been convicted of or pleaded guilty	89387
to a violation of division (A)(1), (2), or (3) of section 4729.86	89388
of the Revised Code, that person is guilty of a misdemeanor of the	89389
first degree.	89390

(2) Whoever violates division (A)(2) of section 4729.86 of	89391
the Revised Code is guilty of a misdemeanor of the first degree.	89392
If the offender has previously been convicted of or pleaded guilty	89393
to a violation of division (A)(1), (2), or (3) of section 4729.86	89394
of the Revised Code, that person is guilty of a felony of the	89395
fifth degree.	89396

(3) Whoever violates division (A)(3) of section 4729.86 of	89397
the Revised Code is guilty of a felony of the fifth degree. If the	89398
offender has previously been convicted of or pleaded guilty to a	89399
violation of division (A)(1), (2), or (3) of section 4729.86 of	89400
the Revised Code, that person is guilty of a felony of the fourth	89401
degree.	89402

(K) A person who violates division (C) of section 4729.552 of	89403
the Revised Code is guilty of a misdemeanor of the first degree.	89404
If the person previously has been convicted of or pleaded guilty	89405
to a violation of division (C) of section 4729.552 of the Revised	89406
Code, that person is guilty of a felony of the fifth degree.	89407

Sec. 4730.411. (A) Except as provided in division (B) or (C)	89408
of this section, a physician assistant may prescribe to a patient	89409
a schedule II controlled substance only if all of the following	89410
are the case:	89411

(1) The patient is in a terminal condition, as defined in	89412
section 2133.01 of the Revised Code.	89413

(2) The physician assistant's supervising physician initially	89414
prescribed the substance for the patient.	89415

(3) The prescription is for an amount that does not exceed	89416
the amount necessary for the patient's use in a single,	89417
twenty-four-hour period.	89418

(B) The restrictions on prescriptive authority in division	89419
(A) of this section do not apply if a physician assistant issues	89420
the prescription to the patient from any of the following	89421
locations:	89422

(1) A hospital registered under section 3701.07 of the	89423
Revised Code;	89424

(2) An entity owned or controlled, in whole or in part, by a	89425
hospital or by an entity that owns or controls, in whole or in	89426
part, one or more hospitals;	89427

(3) A health care facility operated by the department of	89428
~~mental health~~mental health and addiction services or the	89429
department of developmental disabilities;	89430

(4) A nursing home licensed under section 3721.02 of the	89431
Revised Code or by a political subdivision certified under section	89432
3721.09 of the Revised Code;	89433

(5) A county home or district home operated under Chapter	89434
5155. of the Revised Code that is certified under the medicare or	89435
medicaid program;	89436

(6) A hospice care program, as defined in section 3712.01 of	89437
the Revised Code;	89438

(7) A community mental health ~~agency~~services provider, as	89439
defined in section 5122.01 of the Revised Code;	89440

(8) An ambulatory surgical facility, as defined in section	89441
3702.30 of the Revised Code;	89442

(9) A freestanding birthing center, as defined in section	89443
~~3702.51~~3702.141 of the Revised Code;	89444

(10) A federally qualified health center, as defined in	89445
section 3701.047 of the Revised Code;	89446

(11) A federally qualified health center look-alike, as	89447
defined in section 3701.047 of the Revised Code;	89448

(12) A health care office or facility operated by the board	89449
of health of a city or general health district or the authority	89450
having the duties of a board of health under section 3709.05 of	89451
the Revised Code;	89452

(13) A site where a medical practice is operated, but only if	89453
the practice is comprised of one or more physicians who also are	89454
owners of the practice; the practice is organized to provide	89455
direct patient care; and the physician assistant has entered into	89456
a supervisory agreement with at least one of the physician owners	89457
who practices primarily at that site.	89458

(C) A physician assistant shall not issue to a patient a	89459
prescription for a schedule II controlled substance from a	89460
convenience care clinic even if the convenience care clinic is	89461
owned or operated by an entity specified in division (B) of this	89462
section.	89463

(D) A pharmacist who acts in good faith reliance on a	89464
prescription issued by a physician assistant under division (B) of	89465
this section is not liable for or subject to any of the following	89466
for relying on the prescription: damages in any civil action,	89467
prosecution in any criminal proceeding, or professional	89468
disciplinary action by the state board of pharmacy under Chapter	89469
4729. of the Revised Code.	89470

Sec. 4731.151. (A) Naprapaths who received a certificate to	89471
practice from the board prior to March 2, 1992, may continue to	89472
practice naprapathy, as defined in rules adopted by the board.	89473
Such naprapaths shall practice in accordance with rules adopted by	89474
the board.	89475

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

89476

(a) "Mechanotherapy" means all of the following:

89477

(i) Examining patients by verbal inquiry;

89478

(ii) Examination of the musculoskeletal system by hand;

89479

(iii) Visual inspection and observation;

89480

(iv) Diagnosing a patient's condition only as to whether the	89481
patient has a disorder of the musculoskeletal system;	89482

(v) In the treatment of patients, employing the techniques of	89483
advised or supervised exercise; electrical neuromuscular	89484
stimulation; massage or manipulation; or air, water, heat, cold,	89485
sound, or infrared ray therapy only to those disorders of the	89486
musculoskeletal system that are amenable to treatment by such	89487
techniques and that are identifiable by examination performed in	89488
accordance with division (B)(1)(a)(i) of this section and	89489
diagnosable in accordance with division (B)(1)(a)(ii) of this	89490
section.	89491

(b) "Educational requirements" means the completion of a	89492
course of study appropriate for certification to practice	89493
mechanotherapy on or before November 3, 1985, as determined by	89494
rules adopted under this chapter.	89495

(2) Mechanotherapists who received a certificate to practice	89496
from the board prior to March 2, 1992, may continue to practice	89497
mechanotherapy, as defined in rules adopted by the board. Such	89498
mechanotherapists shall practice in accordance with rules adopted	89499
by the board.	89500

A person authorized by this division to practice as a	89501
mechanotherapist may examine, diagnose, and assume responsibility	89502
for the care of patients with due regard for first aid and the	89503
hygienic and nutritional care of the patients. Roentgen rays shall	89504
be used by a mechanotherapist only for diagnostic purposes.	89505

(3) A person who holds a certificate to practice	89506
mechanotherapy and completed educational requirements in	89507
mechanotherapy on or before November 3, 1985, is entitled to use	89508
the title "doctor of mechanotherapy" and is a "physician" who	89509
performs "medical services" for the purposes of Chapters 4121. and	89510
4123. of the Revised Code and the medicaid program ~~established~~	89511
~~under section 5111.01 of the Revised Code~~, and shall receive	89512
payment or reimbursement as provided under those chapters and that	89513
~~section~~program.	89514

Sec. 4731.23. (A)(1)(a) The state medical board shall	89515
designate one or more attorneys at law who have been admitted to	89516
the practice of law, and who are classified as either	89517
administrative law attorney examiners or as administrative law	89518
attorney examiner administrators under the state job	89519
classification plan adopted under section 124.14 of the Revised	89520
Code, as hearing examiners, subject to Chapter 119. of the Revised	89521
Code, to conduct any hearing which the medical board is empowered	89522
to hold or undertake pursuant to Chapter 119. of the Revised Code.	89523

(b) Notwithstanding the requirement of division (A)(1)(a) of	89524
this section that the board designate as a hearing examiner an	89525
attorney who is classified as either an administrative law	89526
attorney examiner or an administrative law attorney examiner	89527
administrator, the board may, subject to ~~controlling board~~	89528
~~approval~~section 127.16 of the Revised Code, enter into a personal	89529
service contract with an attorney admitted to the practice of law	89530
in this state to serve on a temporary basis as a hearing examiner.	89531

(2) The hearing examiner shall hear and consider the oral and	89532
documented evidence introduced by the parties and issue in writing	89533
proposed findings of fact and conclusions of law to the board for	89534
their consideration within thirty days following the close of the	89535
hearing.	89536

(B) The board shall be given copies of the transcript of the	89537
record hearing and all exhibits and documents presented by the	89538
parties at the hearing.	89539

(C) The board shall, upon the favorable vote of three	89540
members, allow the parties or their counsel the opportunity to	89541
present oral arguments on the proposed findings of fact and	89542
conclusions of law of the hearing examiner prior to the board's	89543
final action.	89544

(D) The board shall render a decision and take action within	89545
sixty days following the receipt of the hearing examiner's	89546
proposed findings of fact and conclusions of law or within any	89547
longer period mutually agreed upon by the board and the	89548
certificate holder.	89549

(E) The final decision of the board in any hearing which the	89550
board is empowered to undertake shall be in writing and contain	89551
findings of fact and conclusions of law. Copies of the decision	89552
shall be delivered to the parties personally or by certified mail.	89553
The decision shall be final upon delivery or mailing, except that	89554
the certificate holder may appeal in the manner provided by	89555
Chapter 119. of the Revised Code.	89556

Sec. 4731.299. (A) The state medical board may issue,	89557
without examination, to an applicant who meets all of the	89558
requirements of this section an expedited certificate to practice	89559
medicine and surgery or osteopathic medicine and surgery by	89560
endorsement.	89561

(B) An individual who seeks an expedited certificate to	89562
practice medicine and surgery or osteopathic medicine and surgery	89563
by endorsement shall file with the board a written application on	89564
a form prescribed and supplied by the board. The application shall	89565
include all of the information the board considers necessary to	89566
process it.	89567

(C) To be eligible to receive an expedited certificate by	89568
endorsement, an applicant shall do both of the following:	89569

(1) Provide evidence satisfactory to the board that the	89570
applicant meets all of the following requirements:	89571

(a) Holds current certification in a medical specialty from a	89572
member board of the American board of medical specialties or from	89573
an American osteopathic association specialty certifying board;	89574

(b) Has passed one of the following:

89575

(i) Steps one, two, and three of the United States medical	89576
licensing examination;	89577

(ii) Levels one, two, and three of the comprehensive	89578
osteopathic medical licensing examination of the United States;	89579

(iii) Any other medical licensing examination recognized by	89580
the board.	89581

(c) For at least five years immediately preceding the date of	89582
application, has held a current, unrestricted license to practice	89583
medicine and surgery or osteopathic medicine and surgery issued by	89584
the licensing authority of another state or a Canadian province;	89585

(d) For at least two years immediately preceding the date of	89586
application, has actively practiced medicine and surgery or	89587
osteopathic medicine and surgery in a clinical setting.	89588

(2) Certify to the board that all of the following are the	89589
case:	89590

(a) Not more than two malpractice claims have been filed	89591
against the applicant within a period of ten years and no	89592
malpractice claim against the applicant has resulted in total	89593
payment of more than five hundred thousand dollars.	89594

(b) The applicant does not have a criminal record according	89595
to the criminal records check required by section 4731.081 of the	89596
Revised Code.	89597

(c) The applicant does not have a medical condition that	89598
could affect the applicant's ability to practice according to	89599
acceptable and prevailing standards of care.	89600

(d) No adverse action has been taken against the applicant by	89601
a health care institution.	89602

(e) To the applicant's knowledge, no federal agency, medical	89603
society, medical association, or branch of the United States	89604
military has investigated or taken action against the applicant.	89605

(f) No professional licensing or regulatory authority has	89606
filed a complaint against, investigated, or taken action against	89607
the applicant and the applicant has not withdrawn a professional	89608
license application.	89609

(g) The applicant has not been suspended or expelled from any	89610
institution of higher education or school, including a medical	89611
school.	89612

(D) An applicant for an expedited certificate by endorsement	89613
shall comply with section 4731.081 of the Revised Code.	89614

(E) At the time of application, the applicant shall pay to	89615
the board a fee of one thousand dollars, no part of which shall be	89616
returned. No application shall be considered filed until the board	89617
receives the fee.	89618

(F) The board shall review all applications received under	89619
this section. If the board determines that an applicant meets the	89620
requirements for an expedited certificate to practice medicine and	89621
surgery or osteopathic medicine and surgery by endorsement, the	89622
board shall issue the certificate to the applicant. Each	89623
certificate issued by the board under this section shall be signed	89624
by the president and secretary of the board and attested by its	89625
seal.	89626

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	89627
Revised Code:	89628

(A)(1) "Clinical laboratory services" means either of the	89629
following:	89630

(a) Any examination of materials derived from the human body	89631
for the purpose of providing information for the diagnosis,	89632
prevention, or treatment of any disease or impairment or for the	89633
assessment of health;	89634

(b) Procedures to determine, measure, or otherwise describe	89635
the presence or absence of various substances or organisms in the	89636
body.	89637

(2) "Clinical laboratory services" does not include the mere	89638
collection or preparation of specimens.	89639

(B) "Designated health services" means any of the following:

89640

(1) Clinical laboratory services;

89641

(2) Home health care services;

89642

(3) Outpatient prescription drugs.

89643

(C) "Fair market value" means the value in arms-length	89644
transactions, consistent with general market value and:	89645

(1) With respect to rentals or leases, the value of rental	89646
property for general commercial purposes, not taking into account	89647
its intended use;	89648

(2) With respect to a lease of space, not adjusted to reflect	89649
the additional value the prospective lessee or lessor would	89650
attribute to the proximity or convenience to the lessor if the	89651
lessor is a potential source of referrals to the lessee.	89652

(D) "Governmental health care program" means any program	89653
providing health care benefits that is administered by the federal	89654
government, this state, or a political subdivision of this state,	89655
including the medicare program ~~established under Title XVIII of~~	89656
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	89657
~~as amended~~, health care coverage for public employees, health care	89658
benefits administered by the bureau of workers' compensation, and	89659
the medicaid program ~~established under Chapter 5111. of the~~	89660
~~Revised Code~~.	89661

(E)(1) "Group practice" means a group of two or more holders	89662
of certificates under this chapter legally organized as a	89663
partnership, professional corporation or association, limited	89664
liability company, foundation, nonprofit corporation, faculty	89665
practice plan, or similar group practice entity, including an	89666
organization comprised of a nonprofit medical clinic that	89667
contracts with a professional corporation or association of	89668
physicians to provide medical services exclusively to patients of	89669
the clinic in order to comply with section 1701.03 of the Revised	89670
Code and including a corporation, limited liability company,	89671
partnership, or professional association described in division (B)	89672
of section 4731.226 of the Revised Code formed for the purpose of	89673
providing a combination of the professional services of	89674
optometrists who are licensed, certificated, or otherwise legally	89675
authorized to practice optometry under Chapter 4725. of the	89676
Revised Code, chiropractors who are licensed, certificated, or	89677
otherwise legally authorized to practice chiropractic or	89678
acupuncture under Chapter 4734. of the Revised Code, psychologists	89679
who are licensed, certificated, or otherwise legally authorized to	89680
practice psychology under Chapter 4732. of the Revised Code,	89681
registered or licensed practical nurses who are licensed,	89682
certificated, or otherwise legally authorized to practice nursing	89683
under Chapter 4723. of the Revised Code, pharmacists who are	89684
licensed, certificated, or otherwise legally authorized to	89685
practice pharmacy under Chapter 4729. of the Revised Code,	89686
physical therapists who are licensed, certificated, or otherwise	89687
legally authorized to practice physical therapy under sections	89688
4755.40 to 4755.56 of the Revised Code, occupational therapists	89689
who are licensed, certificated, or otherwise legally authorized to	89690
practice occupational therapy under sections 4755.04 to 4755.13 of	89691
the Revised Code, mechanotherapists who are licensed,	89692
certificated, or otherwise legally authorized to practice	89693
mechanotherapy under section 4731.151 of the Revised Code, and	89694
doctors of medicine and surgery, osteopathic medicine and surgery,	89695
or podiatric medicine and surgery who are licensed, certificated,	89696
or otherwise legally authorized for their respective practices	89697
under this chapter, to which all of the following apply:	89698

(a) Each physician who is a member of the group practice	89699
provides substantially the full range of services that the	89700
physician routinely provides, including medical care,	89701
consultation, diagnosis, or treatment, through the joint use of	89702
shared office space, facilities, equipment, and personnel.	89703

(b) Substantially all of the services of the members of the	89704
group are provided through the group and are billed in the name of	89705
the group and amounts so received are treated as receipts of the	89706
group.	89707

(c) The overhead expenses of and the income from the practice	89708
are distributed in accordance with methods previously determined	89709
by members of the group.	89710

(d) The group practice meets any other requirements that the	89711
state medical board applies in rules adopted under section 4731.70	89712
of the Revised Code.	89713

(2) In the case of a faculty practice plan associated with a	89714
hospital with a medical residency training program in which	89715
physician members may provide a variety of specialty services and	89716
provide professional services both within and outside the group,	89717
as well as perform other tasks such as research, the criteria in	89718
division (E)(1) of this section apply only with respect to	89719
services rendered within the faculty practice plan.	89720

(F) "Home health care services" and "immediate family" have	89721
the same meanings as in the rules adopted under section 4731.70 of	89722
the Revised Code.	89723

(G) "Hospital" has the same meaning as in section 3727.01 of	89724
the Revised Code.	89725

(H) A "referral" includes both of the following:

89726

(1) A request by a holder of a certificate under this chapter	89727
for an item or service, including a request for a consultation	89728
with another physician and any test or procedure ordered by or to	89729
be performed by or under the supervision of the other physician;	89730

(2) A request for or establishment of a plan of care by a	89731
certificate holder that includes the provision of designated	89732
health services.	89733

(I) "Third-party payer" has the same meaning as in section	89734
3901.38 of the Revised Code.	89735

Sec. 4731.71. The auditor of state may implement procedures	89736
to detect violations of section 4731.66 or 4731.69 of the Revised	89737
Code within governmental health care programs administered by the	89738
state. The auditor of state shall report any violation of either	89739
section to the state medical board and shall certify to the	89740
attorney general in accordance with section 131.02 of the Revised	89741
Code the amount of any refund owed to a state-administered	89742
governmental health care program under section 4731.69 of the	89743
Revised Code as a result of a violation. If a refund is owed to	89744
the medicaid program ~~established under Chapter 5111. of the~~	89745
~~Revised Code~~, the auditor of state also shall report the amount to	89746
the department of ~~job and family services~~medicaid.	89747

The state medical board also may implement procedures to	89748
detect violations of section 4731.66 or 4731.69 of the Revised	89749
Code.	89750

Sec. 4734.41. (A) As used in this section:

89751

(1) "Chemical dependency" means either of the following:

89752

(a) The chronic and habitual use of alcoholic beverages to	89753
the extent that the user no longer can control the use of alcohol	89754
or endangers the user's health, safety, or welfare or that of	89755
others;	89756

(b) The use of a controlled substance as defined in section	89757
3719.01 of the Revised Code, a harmful intoxicant as defined in	89758
section 2925.01 of the Revised Code, or a dangerous drug as	89759
defined in section 4729.01 of the Revised Code, to the extent that	89760
the user becomes physically or psychologically dependent on the	89761
substance, intoxicant, or drug or endangers the user's health,	89762
safety, or welfare or that of others.	89763

(2) "Mental illness" means a recognized psychiatric or	89764
psychological condition, disorder, or syndrome that has been	89765
diagnosed by a psychiatrist, psychologist, professional clinical	89766
counselor, or independent social worker as a condition, disorder,	89767
or syndrome that may pose a danger to the person diagnosed or	89768
others or may prevent the person from practicing the person's	89769
profession according to acceptable and prevailing standards of	89770
care.	89771

(B) The state chiropractic board shall establish a chemical	89772
dependency and mental illness monitoring program. The program	89773
shall be made available to any individual under the board's	89774
jurisdiction who has a chemical dependency or mental illness and	89775
meets the board's eligibility requirements for admission to and	89776
continued participation in the program. The board shall develop	89777
the program and may designate a coordinator to administer it or	89778
enter into a contract for the program to be administered by	89779
another entity through a coordinator. The board shall adopt rules	89780
in accordance with Chapter 119. of the Revised Code that establish	89781
standards and procedure for operating the program.	89782

(C) Except as provided in division (D) of this section, all	89783
records of an individual's participation in the monitoring	89784
program, including medical records, chemical dependency records,	89785
and mental health records, shall be confidential, are not public	89786
records for the purposes of section 149.43 of the Revised Code,	89787
and are not subject to discovery by subpoena or ~~admissble~~	89788
admissible as evidence in any judicial proceeding. The program	89789
coordinator shall maintain all records as directed by the board.	89790

(D) The monitoring program's coordinator may disclose records	89791
or information regarding an individual's progress and status of	89792
participation in the program to the disciplinary section of the	89793
board and to any person or government entity that the program	89794
participant authorizes in writing to be given the records or	89795
information.	89796

In disclosing records or information under this division, the	89797
coordinator shall not include any record or information that is	89798
protected under section ~~3793.13~~5119.27 of the Revised Code or any	89799
federal statute or regulation that provides for the	89800
confidentiality of mental health or substance abuse records.	89801

(E) In the absence of fraud or bad faith, the monitoring	89802
program's coordinator, the board and the board's employees and	89803
representatives are not liable for damages in any civil action as	89804
a result of disclosing records or information in accordance with	89805
division (D) of this section. In the absence of fraud or bad	89806
faith, any person reporting to the program an individual's	89807
chemical dependency or mental illness, or the progress or lack of	89808
progress of that individual with regard to treatment, is not	89809
liable for damages in any civil action as a result of the report.	89810

(F) The board may abstain from taking formal disciplinary	89811
action under section 4734.31 of the Revised Code against an	89812
individual because of the individual's chemical dependency or	89813
mental illness, if the individual meets the eligibility	89814
requirements for admission into the monitoring program and all of	89815
the following occur:	89816

(1) The individual enters into a monitoring agreement with	89817
the coordinator of the program;	89818

(2) The individual complies with the terms and conditions for	89819
continued participation in the program, as specified in the	89820
monitoring agreement;	89821

(3) The individual successfully completes the terms and	89822
conditions of the monitoring agreement, including the condition	89823
that the individual attain the ability to practice in accordance	89824
with acceptable and prevailing standards of care applicable to the	89825
practice of chiropractic.	89826

Sec. 4735.07. (A) The superintendent of real estate, with	89827
the consent of the Ohio real estate commission, may enter into	89828
agreements with recognized national testing services to administer	89829
the real estate broker's examination under the superintendent's	89830
supervision and control, consistent with the requirements of this	89831
chapter as to the contents of such examination.	89832

(B) No applicant for a real estate broker's license shall	89833
take the broker's examination who has not established to the	89834
satisfaction of the superintendent that the applicant:	89835

(1) Is honest, truthful, and of good reputation;

89836

(2)(a) Has not been convicted of a felony or crime of moral	89837
turpitude, or if the applicant has been so convicted, the	89838
superintendent has disregarded the conviction because the	89839
applicant has proven to the superintendent, by a preponderance of	89840
the evidence, that the applicant's activities and employment	89841
record since the conviction show that the applicant is honest,	89842
truthful, and of good reputation, and there is no basis in fact	89843
for believing that the applicant again will violate the laws	89844
involved;	89845

(b) Has not been finally adjudged by a court to have violated	89846
any municipal, state, or federal civil rights laws relevant to the	89847
protection of purchasers or sellers of real estate or, if the	89848
applicant has been so adjudged, at least two years have passed	89849
since the court decision and the superintendent has disregarded	89850
the adjudication because the applicant has proven, by a	89851
preponderance of the evidence, that the applicant's activities and	89852
employment record since the adjudication show that the applicant	89853
is honest, truthful, and of good reputation, and there is no basis	89854
in fact for believing that the applicant will again violate the	89855
laws involved.	89856

(3) Has not, during any period in which the applicant was	89857
licensed under this chapter, violated any provision of, or any	89858
rule adopted pursuant to, this chapter, or, if the applicant has	89859
violated any such provision or rule, has established to the	89860
satisfaction of the superintendent that the applicant will not	89861
again violate such provision or rule;	89862

(4) Is at least eighteen years of age;

89863

(5) Has been a licensed real estate broker or salesperson for	89864
at least two years; during at least two of the five years	89865
preceding the person's application, has worked as a licensed real	89866
estate broker or salesperson for an average of at least thirty	89867
hours per week; and has completed one of the following:	89868

(a) At least twenty real estate transactions, in which	89869
property was sold for another by the applicant while acting in the	89870
capacity of a real estate broker or salesperson;	89871

(b) Such equivalent experience as is defined by rules adopted	89872
by the commission.	89873

(6)(a) If licensed as a real estate salesperson prior to	89874
August 1, 2001, successfully has completed at an institution of	89875
higher education all of the following:	89876

(i) Thirty hours of classroom instruction in real estate	89877
practice;	89878

(ii) Thirty hours of classroom instruction that includes the	89879
subjects of Ohio real estate law, municipal, state, and federal	89880
civil rights law, new case law on housing discrimination,	89881
desegregation issues, and methods of eliminating the effects of	89882
prior discrimination. If feasible, the classroom instruction in	89883
Ohio real estate law shall be taught by a member of the faculty of	89884
an accredited law school. If feasible, the classroom instruction	89885
in municipal, state, and federal civil rights law, new case law on	89886
housing discrimination, desegregation issues, and methods of	89887
eliminating the effects of prior discrimination shall be taught by	89888
a staff member of the Ohio civil rights commission who is	89889
knowledgeable with respect to those subjects. The requirements of	89890
this division do not apply to an applicant who is admitted to	89891
practice before the supreme court.	89892

(iii) Thirty hours of classroom instruction in real estate	89893
appraisal;	89894

(iv) Thirty hours of classroom instruction in real estate	89895
finance;	89896

(v) Three quarter hours, or its equivalent in semester hours,	89897
in financial management;	89898

(vi) Three quarter hours, or its equivalent in semester	89899
hours, in human resource or personnel management;	89900

(vii) Three quarter hours, or its equivalent in semester	89901
hours, in applied business economics;	89902

(viii) Three quarter hours, or its equivalent in semester	89903
hours, in business law.	89904

(b) If licensed as a real estate salesperson on or after	89905
August 1, 2001, successfully has completed at an institution of	89906
higher education all of the following:	89907

(i) Forty hours of classroom instruction in real estate	89908
practice;	89909

(ii) Forty hours of classroom instruction that includes the	89910
subjects of Ohio real estate law, municipal, state, and federal	89911
civil rights law, new case law on housing discrimination,	89912
desegregation issues, and methods of eliminating the effects of	89913
prior discrimination. If feasible, the classroom instruction in	89914
Ohio real estate law shall be taught by a member of the faculty of	89915
an accredited law school. If feasible, the classroom instruction	89916
in municipal, state, and federal civil rights law, new case law on	89917
housing discrimination, desegregation issues, and methods of	89918
eliminating the effects of prior discrimination shall be taught by	89919
a staff member of the Ohio civil rights commission who is	89920
knowledgeable with respect to those subjects. The requirements of	89921
this division do not apply to an applicant who is admitted to	89922
practice before the supreme court.	89923

(iii) Twenty hours of classroom instruction in real estate	89924
appraisal;	89925

(iv) Twenty hours of classroom instruction in real estate	89926
finance;	89927

(v) The training in the amount of hours specified under	89928
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	89929

(c) Division (B)(6)(a) or (b) of this section does not apply	89930
to any applicant who holds a valid real estate salesperson's	89931
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	89932
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	89933
do not apply to any applicant who holds a valid real estate	89934
salesperson's license issued prior to January 3, 1984.	89935

(d) Divisions (B)(6)(a)(iii) and (B)(6)(b)(iii) of this	89936
section do not apply to any new applicant who holds a valid Ohio	89937
real estate appraiser license or certificate issued prior to the	89938
date of application for a real estate broker's license.	89939

(7) If licensed as a real estate salesperson on or after	89940
January 3, 1984, satisfactorily has completed a minimum of two	89941
years of post-secondary education, or its equivalent in semester	89942
or quarter hours, at an institution of higher education, and has	89943
fulfilled the requirements of division (B)(6)(a) or (b) of this	89944
section. The requirements of division (B)(6)(a) or (b) of this	89945
section may be included in the two years of post-secondary	89946
education, or its equivalent in semester or quarter hours, that is	89947
required by this division.	89948

(C) Each applicant for a broker's license shall be examined	89949
in the principles of real estate practice, Ohio real estate law,	89950
and financing and appraisal, and as to the duties of real estate	89951
brokers and real estate salespersons, the applicant's knowledge of	89952
real estate transactions and instruments relating to them, and the	89953
canons of business ethics pertaining to them. The commission from	89954
time to time shall promulgate such canons and cause them to be	89955
published in printed form.	89956

(D) Examinations shall be administered with reasonable	89957
accommodations in accordance with the requirements of the	89958
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	89959
U.S.C. 12101. The contents of an examination shall be consistent	89960
with the requirements of division (B)(6) of this section and with	89961
the other specific requirements of this section. An applicant who	89962
has completed the requirements of division (B)(6) of this section	89963
at the time of application shall be examined no later than twelve	89964
months after the applicant is notified of admission to the	89965
examination.	89966

(E) The superintendent may waive one or more of the	89967
requirements of this section in the case of an application from a	89968
nonresident real estate broker pursuant to a reciprocity agreement	89969
with the licensing authority of the state from which the	89970
nonresident applicant holds a valid real estate broker license.	89971

(F) There shall be no limit placed on the number of times an	89972
applicant may retake the examination.	89973

(G)(1) Not earlier than the date of issue of a real estate	89974
broker's license to a licensee, but not later than twelve months	89975
after the date of issue of a real estate broker's license to a	89976
licensee, the licensee shall submit proof satisfactory to the	89977
superintendent, on forms made available by the superintendent, of	89978
the completion of ten hours of classroom instruction that shall be	89979
completed in schools, seminars, and educational institutions that	89980
are approved by the commission. Approval of the curriculum and	89981
providers shall be granted according to rules adopted pursuant to	89982
section 4735.10 of the Revised Code.	89983

If the required proof of completion is not submitted to the	89984
superintendent within twelve months of the date a license is	89985
issued under this section, the license of the real estate broker	89986
is suspended automatically without the taking of any action by the	89987
superintendent. The broker's license shall not be reactivated by	89988
the superintendent until it is established, to the satisfaction of	89989
the superintendent, that the requirements of this division have	89990
been met and that the licensee is in compliance with this chapter.	89991
A licensee's license is revoked automatically without the taking	89992
of any action by the superintendent if the licensee fails to	89993
submit proof of completion of the education requirements specified	89994
under division (G)(1) of this section within twelve months of the	89995
date the license is suspended.	89996

(2) If the license of a real estate broker is suspended	89997
pursuant to division (G)(1) of this section, the license of a real	89998
estate salesperson associated with that broker correspondingly is	89999
suspended pursuant to division (H) of section 4735.20 of the	90000
Revised Code. However, the suspended license of the associated	90001
real estate salesperson shall be reactivated and no fee shall be	90002
charged or collected for that reactivation if all of the following	90003
occur:	90004

(a) That broker subsequently submits satisfactory proof to	90005
the superintendent that the broker has complied with the	90006
requirements of division (G)(1) of this section and requests that	90007
the broker's license as a real estate broker be reactivated;	90008

(b) The superintendent then reactivates the broker's license	90009
as a real estate broker;	90010

(c) The associated real estate salesperson intends to	90011
continue to be associated with that broker and otherwise is in	90012
compliance with this chapter.	90013

Sec. 4735.09. (A) Application for a license as a real estate	90014
salesperson shall be made to the superintendent of real estate on	90015
forms furnished by the superintendent and signed by the applicant.	90016
The application shall be in the form prescribed by the	90017
superintendent and shall contain such information as is required	90018
by this chapter and the rules of the Ohio real estate commission.	90019
The application shall be accompanied by the recommendation of the	90020
real estate broker with whom the applicant is associated or with	90021
whom the applicant intends to be associated, certifying that the	90022
applicant is honest, truthful, and of good reputation, has not	90023
been convicted of a felony or a crime involving moral turpitude,	90024
and has not been finally adjudged by a court to have violated any	90025
municipal, state, or federal civil rights laws relevant to the	90026
protection of purchasers or sellers of real estate, which	90027
conviction or adjudication the applicant has not disclosed to the	90028
superintendent, and recommending that the applicant be admitted to	90029
the real estate salesperson examination.	90030

(B) A fee of sixty dollars shall accompany the application,	90031
which fee includes the fee for the initial year of the licensing	90032
period, if a license is issued. The initial year of the licensing	90033
period commences at the time the license is issued and ends on the	90034
applicant's first birthday thereafter. The application fee shall	90035
be nonrefundable. A fee of sixty dollars shall be charged by the	90036
superintendent for each successive application made by the	90037
applicant. One dollar of each application fee shall be credited to	90038
the real estate education and research fund.	90039

(C) There shall be no limit placed on the number of times an	90040
applicant may retake the examination.	90041

(D) The superintendent, with the consent of the commission,	90042
may enter into an agreement with a recognized national testing	90043
service to administer the real estate salesperson's examination	90044
under the superintendent's supervision and control, consistent	90045
with the requirements of this chapter as to the contents of the	90046
examination.	90047

If the superintendent, with the consent of the commission,	90048
enters into an agreement with a national testing service to	90049
administer the real estate salesperson's examination, the	90050
superintendent may require an applicant to pay the testing	90051
service's examination fee directly to the testing service. If the	90052
superintendent requires the payment of the examination fee	90053
directly to the testing service, each applicant shall submit to	90054
the superintendent a processing fee in an amount determined by the	90055
Ohio real estate commission pursuant to division (A)(1) of section	90056
4735.10 of the Revised Code.	90057

(E) The superintendent shall issue a real estate	90058
salesperson's license when satisfied that the applicant has	90059
received a passing score on each portion of the salesperson's	90060
examination as determined by rule by the real estate commission,	90061
except that the superintendent may waive one or more of the	90062
requirements of this section in the case of an applicant who is a	90063
licensed real estate salesperson in another state pursuant to a	90064
reciprocity agreement with the licensing authority of the state	90065
from which the applicant holds a valid real estate salesperson's	90066
license.	90067

(F) No applicant for a salesperson's license shall take the	90068
salesperson's examination who has not established to the	90069
satisfaction of the superintendent that the applicant:	90070

(1) Is honest, truthful, and of good reputation;

90071

(2)(a) Has not been convicted of a felony or crime of moral	90072
turpitude or, if the applicant has been so convicted, the	90073
superintendent has disregarded the conviction because the	90074
applicant has proven to the superintendent, by a preponderance of	90075
the evidence, that the applicant's activities and employment	90076
record since the conviction show that the applicant is honest,	90077
truthful, and of good reputation, and there is no basis in fact	90078
for believing that the applicant again will violate the laws	90079
involved;	90080

(b) Has not been finally adjudged by a court to have violated	90081
any municipal, state, or federal civil rights laws relevant to the	90082
protection of purchasers or sellers of real estate or, if the	90083
applicant has been so adjudged, at least two years have passed	90084
since the court decision and the superintendent has disregarded	90085
the adjudication because the applicant has proven, by a	90086
preponderance of the evidence, that the applicant is honest,	90087
truthful, and of good reputation, and there is no basis in fact	90088
for believing that the applicant again will violate the laws	90089
involved.	90090

(3) Has not, during any period in which the applicant was	90091
licensed under this chapter, violated any provision of, or any	90092
rule adopted pursuant to this chapter, or, if the applicant has	90093
violated such provision or rule, has established to the	90094
satisfaction of the superintendent that the applicant will not	90095
again violate such provision or rule;	90096

(4) Is at least eighteen years of age;

90097

(5) If born after the year 1950, has a high school diploma or	90098
its equivalent as recognized by the state department of education;	90099

(6) Has successfully completed at an institution of higher	90100
education all of the following:	90101

(a) Forty hours of classroom instruction in real estate	90102
practice;	90103

(b) Forty hours of classroom instruction that includes the	90104
subjects of Ohio real estate law, municipal, state, and federal	90105
civil rights law, new case law on housing discrimination,	90106
desegregation issues, and methods of eliminating the effects of	90107
prior discrimination. If feasible, the classroom instruction in	90108
Ohio real estate law shall be taught by a member of the faculty of	90109
an accredited law school. If feasible, the classroom instruction	90110
in municipal, state, and federal civil rights law, new case law on	90111
housing discrimination, desegregation issues, and methods of	90112
eliminating the effects of prior discrimination shall be taught by	90113
a staff member of the Ohio civil rights commission who is	90114
knowledgeable with respect to those subjects. The requirements of	90115
this division do not apply to an applicant who is admitted to	90116
practice before the supreme court.	90117

(c) Twenty hours of classroom instruction in real estate	90118
appraisal;	90119

(d) Twenty hours of classroom instruction in real estate	90120
finance.	90121

(G) Division (F)(6)(c) of this section does not apply to any	90122
new applicant who holds a valid Ohio real estate appraiser license	90123
or certificate issued prior to the date of application for a real	90124
estate salesperson's license.	90125

(H) Any person who has not been licensed as a real estate	90126
salesperson or broker within a four-year period immediately	90127
preceding the person's current application for the salesperson's	90128
examination shall have successfully completed the prelicensure	90129
classroom instruction required by division (F)(6) of this section	90130
within a ten-year period immediately preceding the person's	90131
current application for the salesperson's examination.	90132

~~(H)~~(I) Not earlier than the date of issue of a real estate	90133
salesperson's license to a licensee, but not later than twelve	90134
months after the date of issue of a real estate salesperson	90135
license to a licensee, the licensee shall submit proof	90136
satisfactory to the superintendent, on forms made available by the	90137
superintendent, of the completion of ten hours of classroom	90138
instruction that shall be completed in schools, seminars, and	90139
educational institutions approved by the commission. Approval of	90140
the curriculum and providers shall be granted according to rules	90141
adopted pursuant to section 4735.10 of the Revised Code.	90142

If proof of completion of the required instruction is not	90143
submitted within twelve months of the date a license is issued	90144
under this section, the licensee's license is suspended	90145
automatically without the taking of any action by the	90146
superintendent. The superintendent immediately shall notify the	90147
broker with whom such salesperson is associated of the suspension	90148
of the salesperson's license. A salesperson whose license has been	90149
suspended under this division shall have twelve months after the	90150
date of the suspension of the salesperson's license to submit	90151
proof of successful completion of the instruction required under	90152
this division. No such license shall be reactivated by the	90153
superintendent until it is established, to the satisfaction of the	90154
superintendent, that the requirements of this division have been	90155
met and that the licensee is in compliance with this chapter. A	90156
licensee's license is revoked automatically without the taking of	90157
any action by the superintendent when the licensee fails to submit	90158
the required proof of completion of the education requirements	90159
under division ~~(H)~~(I) of this section within twelve months of the	90160
date the license is suspended.	90161

~~(I)~~(J) Examinations shall be administered with reasonable	90162
accommodations in accordance with the requirements of the	90163
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	90164
U.S.C. 12189. The contents of an examination shall be consistent	90165
with the classroom instructional requirements of division (F)(6)	90166
of this section. An applicant who has completed the classroom	90167
instructional requirements of division (F)(6) of this section at	90168
the time of application shall be examined no later than twelve	90169
months after the applicant is notified of the applicant's	90170
admission to the examination.	90171

Sec. 4735.10. (A)(1) The Ohio real estate commission may	90172
adopt reasonable rules in accordance with Chapter 119. of the	90173
Revised Code, necessary for implementing the provisions of this	90174
chapter relating, but not limited to, the following:	90175

(a) The form and manner of filing applications for licensure;

90176

(b) Times and form of examination for license;

90177

(c) Placing an existing broker's license on deposit or a	90178
salesperson's license on an inactive status for an indefinite	90179
period;	90180

(d) Specifying the process by which a licensee may resign the	90181
licensee's license;	90182

(e) Defining any additional license status that the	90183
commission determines is necessary and that is not otherwise	90184
defined in this chapter and establishing the process by which a	90185
licensee places the licensee's license in a status defined by the	90186
commission in the rules the commission adopts;	90187

(f) Clarification of the activities that require a license	90188
under this chapter.	90189

(2) The commission shall adopt reasonable rules in accordance	90190
with Chapter 119. of the Revised Code, for implementing the	90191
provisions of this chapter relating to the following:	90192

(a) The issuance, renewal, suspension, and revocation of	90193
licenses, other sanctions that may be imposed for violations of	90194
this chapter, the conduct of hearings related to these actions,	90195
and the process of reactivating a license;	90196

(b) A three-year license and a three-year license renewal	90197
system;	90198

(c) Standards for the approval of the ten-hour postlicensure	90199
courses as required by division (G) of section 4735.07 and	90200
division ~~(H)~~(I) of section 4735.09 of the Revised Code, courses of	90201
study required for licenses, courses offered in preparation for	90202
license examinations, or courses required as continuing education	90203
for licenses.	90204

(d) Guidelines to ensure that continuing education classes	90205
are open to all persons licensed under this chapter. The rules	90206
shall specify that an organization that sponsors a continuing	90207
education class may offer its members a reasonable reduction in	90208
the fees charged for the class.	90209

(e) Requirements for trust accounts and property management	90210
accounts. The rules shall specify that:	90211

(i) Brokerages engaged in the management of property for	90212
another may, pursuant to a written contract with the property	90213
owner, exercise signatory authority for withdrawals from property	90214
management accounts maintained in the name of the property owner.	90215
The exercise of authority for withdrawals does not constitute a	90216
violation of any provision of division (A) of section 4735.18 of	90217
the Revised Code.	90218

(ii) The interest earned on property management trust	90219
accounts maintained in the name of the property owner or the	90220
broker shall be payable to the property owner unless otherwise	90221
specified in a written contract.	90222

(f) Notice of renewal forms and filing deadlines;

90223

(g) Special assessments under division (A) of section 4735.12	90224
of the Revised Code.	90225

(B) The commission may adopt rules in accordance with Chapter	90226
119. of the Revised Code establishing standards and guidelines	90227
with which the superintendent of real estate shall comply in the	90228
exercise of the following powers:	90229

(1) Appointment and recommendation of ancillary trustees	90230
under section 4735.05 of the Revised Code;	90231

(2) Rejection of names proposed to be used by partnerships,	90232
associations, limited liability companies, limited liability	90233
partnerships, and corporations, under division (A) of section	90234
4735.06 of the Revised Code;	90235

(3) Acceptance and rejection of applications to take the	90236
broker and salesperson examinations and licensure, with	90237
appropriate waivers pursuant to division (E) of section 4735.07	90238
and section 4735.09 of the Revised Code;	90239

(4) Approval of applications of brokers to place their	90240
licenses in an inactive status and to become salespersons under	90241
section 4735.13 of the Revised Code;	90242

(5) Appointment of hearing examiners under section 119.09 of	90243
the Revised Code;	90244

(6) Acceptance and rejection of applications to take the	90245
foreign real estate dealer and salesperson examinations and	90246
licensure, with waiver of examination, under sections 4735.27 and	90247
4735.28 of the Revised Code;	90248

(7) Qualification of foreign real estate under section	90249
4735.25 of the Revised Code.	90250

If at any time there is no rule in effect establishing a	90251
guideline or standard required by this division, the	90252
superintendent may adopt a rule in accordance with Chapter 119. of	90253
the Revised Code for such purpose.	90254

(C) The commission or superintendent may hear testimony in	90255
matters relating to the duties imposed upon them, and the	90256
president of the commission and superintendent may administer	90257
oaths. The commission or superintendent may require other proof of	90258
the honesty, truthfulness, and good reputation of any person named	90259
in an application for a real estate broker's or real estate	90260
salesperson's license before admitting the applicant to the	90261
examination or issuing a license.	90262

Sec. 4735.142. (A) Any person licensed under section 4735.07	90263
or 4735.09 of the Revised Code, at any time prior to the date the	90264
licensee is required to file a notice of renewal pursuant to	90265
division (B) of section 4735.14 of the Revised Code may apply to	90266
the superintendent of real estate and professional licensing to	90267
place the licensee's license in a permanently resigned status.	90268

(B) A licensee, at any time during which a license has been	90269
suspended pursuant to division (G) of section 4735.07, division	90270
~~(H)~~(I) of section 4735.09, division (E) of section 4735.12,	90271
division (C) of section 4735.14, division (C) of section 4735.141,	90272
or section 4735.182 of the Revised Code, may apply to the	90273
superintendent on a form prescribed by the superintendent to	90274
permanently resign the licensee's license voluntarily. The	90275
resignation of a license is considered to be final without the	90276
taking of any action by the superintendent.	90277

(C) If a person whose license is in a permanently resigned	90278
status pursuant to a request made under this section wishes to	90279
obtain an active or inactive license, the person shall apply for	90280
such a license in accordance with the requirements specified in	90281
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	90282
in the rules adopted by the commission pursuant to division (A) of	90283
section 4735.10 of the Revised Code.	90284

(D) If placing a broker's license in a permanently resigned	90285
status will result in the closure of the broker's brokerage, the	90286
broker, within three days after applying to the superintendent to	90287
place the license in a permanently resigned status, shall provide	90288
to each salesperson associated with that broker a written notice	90289
stating that fact.	90290

(E) This section does not apply to any licensee whose license	90291
has been suspended pursuant to division (F) of section 4735.181 of	90292
the Revised Code or due to disciplinary action ordered by the	90293
commission pursuant to section 4735.051 of the Revised Code.	90294

Sec. 4735.56. (A) Each brokerage shall develop a written	90295
brokerage policy on agency to be given to prospective sellers and	90296
purchasers in accordance with divisions (C) and (D) of this	90297
section.	90298

(B) The brokerage policy on agency described in division (A)	90299
of this section shall include all of the following information:	90300

(1) An explanation of the permissible agency relationships	90301
available under section 4735.53 of the Revised Code and the duties	90302
that the agent owes the agent's client;	90303

(2) The brokerage's policy on representation of purchasers or	90304
sellers;	90305

(3) Whether at some time during the agency relationship the	90306
brokerage and its licensee may act as a dual agent, and the	90307
options and consequences for the client if a dual agency situation	90308
arises including the right of the client to terminate the agency	90309
relationship and seek representation from another source;	90310

(4) Whether at some time during the agency relationship,	90311
another licensee affiliated with the same brokerage as the	90312
licensee may become the exclusive agent for the other party in the	90313
transaction and whether each licensee will represent only the	90314
interests of that licensee's client;	90315

(5) The brokerage's policy on cooperation with other	90316
brokerages, including whether the brokerage offers compensation to	90317
other brokerages or will seek compensation from other brokerages;	90318

(6) That a brokerage that has a purchaser as a client	90319
represents the purchaser's interests even though the seller's	90320
agent or the seller may compensate that purchaser's brokerage;	90321

(7) That the signature of the purchaser or the seller	90322
indicates acknowledgement of receipt of the brokerage policy on	90323
agency.	90324

(C) A licensee acting as a seller's agent shall provide the	90325
seller with the brokerage policy on agency described in this	90326
section prior to marketing or showing the seller's real estate and	90327
shall obtain a signature from the seller acknowledging receipt	90328
unless the seller refuses to provide a signature. If the seller	90329
refuses to provide a signature, the licensee shall note this on	90330
the policy.	90331

(D) A licensee working directly with a purchaser in a real	90332
estate transaction, whether as the purchaser's agent, the seller's	90333
agent, or the seller's subagent, shall provide the purchaser with	90334
the brokerage policy on agency described in this section and	90335
obtain a signature from the purchaser acknowledging receipt of the	90336
policy unless the purchaser refuses to provide a signature. If the	90337
purchaser refuses to provide a signature, the licensee shall note	90338
this on the policy. Except as provided in division (E) of this	90339
section, the licensee shall provide the brokerage policy on agency	90340
to a purchaser prior to the earliest of the following actions of	90341
the licensee:	90342

(1) Initiating a prequalification evaluation to determine	90343
whether the purchaser has the financial ability to purchase or	90344
lease a particular real estate property;	90345

(2) Requesting specific financial information from the	90346
purchaser to determine the purchaser's ability to purchase or	90347
finance real estate in a particular price range;	90348

(3) Showing the real estate to the purchaser other than at an	90349
open house;	90350

(4) Discussing, with the purchaser, the making of an offer to	90351
purchase or lease real estate;	90352

(5) Submitting an offer to purchase or lease real estate on	90353
behalf of the purchaser.	90354

(E) If the earliest event described in division (D) of this	90355
section is by telephone or electronic mail, the licensee shall	90356
disclose by that same medium the nature of the agency relationship	90357
that the licensee has with both the seller and the purchaser. The	90358
licensee shall provide the purchaser with the brokerage policy on	90359
agency described in this section at the first meeting with the	90360
purchaser following this disclosure of the agency relationship.	90361

(F) A licensee acting as a seller's agent is not required to	90362
provide a purchaser with the brokerage policy on agency described	90363
in this section except in the case of an event described in	90364
division (D) of this section.	90365

(G) The requirements of this section regarding provision of a	90366
brokerage policy on agency ~~do not~~ apply only in ~~any of~~ the	90367
following situations:	90368

(1) The sale or lease of vacant land;

90369

(2) The sale of a parcel of real estate containing one to	90370
four residential units;	90371

(3) The ~~rental or~~ leasing of residential premises as defined	90372
in section 5321.01 of the Revised Code, if the rental or lease	90373
agreement ~~can be performed in~~is for a term of more than eighteen	90374
months ~~or less;~~	90375

~~(2) The referral of a prospective purchaser or seller to~~	90376
~~another licensee;~~	90377

~~(3) Transactions involving the sale, lease, or exchange of~~	90378
~~foreign real estate as defined in division (E) of section 4735.01~~	90379
~~of the Revised Code;~~	90380

~~(4) Transactions involving the sale of a cemetery lot or a~~	90381
~~cemetery interment right~~.	90382

Sec. 4742.01. As used in this chapter:

90383

(A) "Emergency service provider" has the same meaning as in	90384
section ~~5507.01~~128.01 of the Revised Code.	90385

(B) "Emergency service telecommunicator" means an individual	90386
employed by an emergency service provider, whose primary	90387
responsibility is to be an operator for the receipt or processing	90388
of calls for emergency services made by telephone, radio, or other	90389
electronic means.	90390

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	90391
of the Revised Code:	90392

(A) "Long-term services and supports settings" means any	90393
institutional or community-based setting in which medical, health,	90394
psycho-social, habilitative, rehabilitative, or personal care	90395
services are provided to individuals on a post-acute care basis.	90396

(B) "Nursing home administrator" means any individual	90397
responsible for planning, organizing, directing, and managing the	90398
operation of a nursing home, or who in fact performs such	90399
function, whether or not such functions and duties are shared by	90400
one or more other persons.	90401

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	90402
under the authority of section 3721.01 of the Revised Code, or a	90403
nursing home operated by a governmental agency.	90404

~~(C)~~(D) "Temporary license" means a license for a period not	90405
to exceed one hundred eighty days issued pursuant to division (B)	90406
of section 4751.06 of the Revised Code.	90407

~~(D)~~(E) "Valid license" means a license which is current and	90408
in good standing.	90409

Sec. 4751.02. (A) No person shall operate a nursing home	90410
unless it is under the supervision of an administrator whose	90411
principal occupation is nursing home administration or hospital	90412
administration and who holds a valid nursing home administrator's	90413
license and registration, or a temporary license, issued pursuant	90414
to Chapter 4751. of the Revised Code.	90415

(B) No person other than a licensed and registered nursing	90416
home administrator or person holding a temporary license as	90417
required by Chapter 4751. of the Revised Code shall practice or	90418
offer to practice nursing home administration in this state. All	90419
nursing home administrators and temporary licensees shall comply	90420
with Chapter 4751. of the Revised Code and the regulations adopted	90421
thereunder.	90422

(C) Every operator of a nursing home shall report to the	90423
board of ~~examiners~~executives of ~~nursing home administrators~~	90424
long-term services and supports the name and license number of	90425
each nursing home administrator for said home within ten days	90426
after the operator engages a nursing home administrator, and	90427
within ten days after a nursing home administrator is no longer	90428
engaged as such by such operator for said home.	90429

(D) Each individual who holds a nursing home administrator	90430
license or temporary license shall report ~~his~~the individual's	90431
residence mailing address and the name and address of each place	90432
of employment to the board within ten days after any change.	90433

Sec. 4751.03. (A) There is hereby established in the	90434
department of ~~health~~aging a board of ~~examiners~~executives of	90435
~~nursing home administrators~~long-term services and supports, which	90436
board shall be composed of ~~nine~~the following eleven members,	90437
~~eight of whom shall be representative of the professions and~~	90438
~~institutions concerned with care and treatment of chronically ill~~	90439
~~or infirm aged patients, and one of whom shall be a public member~~	90440
~~at least sixty years of age, provided that less than a majority of~~	90441
~~the board members shall be representative of a single profession~~	90442
~~or institutional category, and provided further that a person~~	90443
~~appointed as a noninstitutional member shall neither have nor~~	90444
~~acquire any direct financial interest in a nursing home. For~~	90445
~~purposes of this section, nursing home administrators are~~	90446
~~considered representatives of institutions.~~	90447

~~Four members shall be nursing home administrators, owners of~~	90448
~~nursing homes or an officer of a corporation owning a nursing~~	90449
~~home. The director of health or his designated representative~~	90450
~~shall be a member. All~~:	90451

(1) Four members who are nursing home administrators, owners	90452
of nursing homes, or officers of corporations owning nursing	90453
homes, and who shall have an understanding of person-centered	90454
care, and experience with a range of long-term services and	90455
supports settings;	90456

(2) Three members who work in long-term services and supports	90457
settings that are not nursing homes, and who shall have an	90458
understanding of person-centered care, and experience with a range	90459
of long-term services and supports settings;	90460

(3) One member who is a member of the academic community;

90461

(4) One member who is a consumer of services offered in a	90462
long-term services and supports setting;	90463

(5) One member who is a representative of the department of	90464
health, designated by the director of health, who is involved in	90465
the nursing home survey and certification process;	90466

(6) One member who is a representative of the office of the	90467
state long-term care, designated by the state long-term care	90468
ombudsman.	90469

All members of the board shall be citizens of the United	90470
States and residents of this state. No member of the board who is	90471
appointed under divisions (A)(3) to (6) of this section may have	90472
or acquire any direct financial interest in a nursing home or	90473
long-term services and supports settings.	90474

(B) The term of office for each appointed member of the board	90475
shall be for three years, commencing on the twenty-eighth day of	90476
May and ending on the twenty-seventh day of May. Each member shall	90477
serve from the date of ~~his~~ appointment until the end of the term	90478
for which ~~he was~~ appointed. No member shall serve more than two	90479
consecutive full terms.	90480

(C) Appointments to the board shall be made by the governor.	90481
Any member appointed to fill a vacancy occurring prior to the	90482
expiration of the term for which ~~his~~the member's predecessor was	90483
appointed shall hold office for the remainder of such term. Any	90484
appointed member shall continue in office subsequent to the	90485
expiration date of ~~his~~the member's term until ~~his~~the member's	90486
successor takes office, or until a period of sixty days has	90487
elapsed, whichever occurs first.	90488

(D) The governor may remove any member of the board for	90489
misconduct, incapacity, incompetence, or neglect of duty after the	90490
member so charged has been served with a written statement of	90491
charges and has been given an opportunity to be heard.	90492

(E) Each member of the board, except the member designated by	90493
the director of health ~~or his~~and the member designated	90494
~~representative~~by the ombudsman, shall be paid in accordance with	90495
section 124.15 of the Revised Code and each member shall be	90496
reimbursed for ~~his~~the member's actual and necessary expenses	90497
incurred in the discharge of such duties.	90498

(F) The board shall elect annually from its membership a	90499
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	90500

(G) The board shall hold and conduct meetings quarterly and	90501
at such other times as its business requires. A majority of the	90502
board shall constitute a quorum. The affirmative vote of a	90503
majority of the members of the board is necessary for the board to	90504
act.	90505

(H) The board shall appoint a secretary who has no financial	90506
interest in a ~~nursing home~~long-term services and supports	90507
setting, and may employ and prescribe the powers and duties of	90508
such employees and consultants as are necessary to carry out this	90509
chapter and the rules adopted under it. ~~Administrative, technical,~~	90510
~~or other services shall be performed, insofar as practicable, by~~	90511
~~personnel of the department of health.~~	90512

Sec. 4751.04. (A) The board of ~~examiners~~executives of	90513
~~nursing home administrators~~long-term services and supports shall:	90514

(1) Develop, adopt, impose, and enforce regulations	90515
prescribing standards which must be met by individuals in order to	90516
receive a license as a nursing home administrator, which standards	90517
shall be designed to ensure that nursing home administrators are	90518
of good character and are otherwise suitable, and who, by training	90519
and experience, are qualified to serve as nursing home	90520
administrators;	90521

(2) Develop and apply appropriate techniques, including	90522
examinations and investigations, for determining whether an	90523
individual meets such standards;	90524

(3) Issue licenses and registrations to individuals	90525
determined, after application of such techniques, to meet such	90526
standards, and revoke or suspend licenses or registrations	90527
previously issued by the board in any case where the individual	90528
holding such license or registration is determined to have failed	90529
substantially to conform to the requirements of such standards;	90530

(4) Develop, adopt, impose, and enforce regulations and	90531
procedures designed to ensure that individuals holding a temporary	90532
license, or licensed as nursing home administrators will, during	90533
any period that they serve as such, comply with Chapter 4751. of	90534
the Revised Code and the regulations adopted thereunder;	90535

(5) Receive, investigate, and take appropriate action with	90536
respect to any charge or complaint filed with the board to the	90537
effect that any individual licensed as a nursing home	90538
administrator has failed to comply with Chapter 4751. of the	90539
Revised Code and the regulations adopted thereunder;	90540

(6) Take such other actions as may be necessary to enable the	90541
state to meet the requirements set forth in the "Social Security	90542
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	90543

(7) Pay all license and registration fees collected under	90544
Chapter 4751. of the Revised Code into the ~~general operations~~	90545
board of executives of long-term services and support fund created	90546
by section ~~3701.83~~4751.14 of the Revised Code to be used in	90547
administering and enforcing this chapter and the rules adopted	90548
under it;	90549

(8) Administer, or contract with a government or private	90550
entity to administer, examinations for licensure as a nursing home	90551
administrator. If the board contracts with a government or private	90552
entity to administer the examinations, the contract may authorize	90553
the entity to collect and keep, as all or part of the entity's	90554
compensation under the contract, any fee an applicant for	90555
licensure pays to take an examination. The entity is not required	90556
to deposit the fee into the state treasury;	90557

(9) Enter into a contract with the department of aging as	90558
required under section 4751.042 of the Revised Code;	90559

(10) Create opportunities for the education, training, and	90560
credentialing of nursing home administrators and others in	90561
leadership positions who practice in long-term services and	90562
supports settings or who direct the practices of others in those	90563
settings. In carrying out this function, the board shall do the	90564
following:	90565

(a) Identify core competencies and areas of knowledge that	90566
are appropriate for nursing home administrators and others working	90567
within the long-term services and supports settings system, with	90568
an emphasis on all of the following:	90569

(i) Leadership;

90570

(ii) Person-centered care;

90571

(iii) Principles of management within both the business and	90572
regulatory environments;	90573

(iv) An understanding of all post-acute settings, including	90574
transitions from acute settings and between post-acute settings.	90575

(b) Assist in the development of a strong, competitive market	90576
in Ohio for training, continuing education, and degree programs in	90577
long-term services and supports settings administration.	90578

(B) In the administration and enforcement of Chapter 4751. of	90579
the Revised Code, and the regulations adopted thereunder, the	90580
board is subject to Chapter 119. of the Revised Code and sections	90581
4743.01 and 4743.02 of the Revised Code except that a notice of	90582
appeal of an order of the board adopting, amending, or rescinding	90583
a rule or regulation does not operate as a stay of the effective	90584
date of such order as provided in section 119.11 of the Revised	90585
Code. The court, at its discretion, may grant a stay of any	90586
regulation in its application against the person filing the notice	90587
of appeal.	90588

Sec. 4751.041. Except when the board of ~~examiners~~executives	90589
of ~~nursing home administrators~~long-term services and supports	90590
considers it necessary, the board shall not disclose test	90591
materials, examinations, or evaluation tools used in an	90592
examination for licensure as a nursing home administrator that the	90593
board administers under section 4751.04 of the Revised Code or	90594
contracts under that section with a private or government entity	90595
to administer.	90596

Sec. 4751.042. (A) The board of executives of long-term	90597
services and supports shall enter into a written agreement with	90598
the department of aging for the department to serve as the board's	90599
fiscal agent. The fiscal agent shall be responsible for all the	90600
board's fiscal matters and financial transactions, as specified in	90601
the agreement. The written agreement shall specify the fees that	90602
the board shall pay to the fiscal agent for services performed	90603
under the agreement, and such fees shall be in proportion to the	90604
services performed for the board.	90605

(1) The agreement shall require the fiscal agent to provide	90606
the following services:	90607

(a) Preparation and processing of payroll and other personnel	90608
documents that the board approves;	90609

(b) Maintenance of ledgers of accounts and reports of account	90610
balances, and monitoring of budgets and allotment plans in	90611
consultation with the board;	90612

(c) Performance of other routine support services, specified	90613
in the agreement, that the fiscal agent considers appropriate to	90614
achieve efficiency.	90615

(2) The agreement may require the fiscal agent to provide the	90616
following services:	90617

(a) Any shared services between the board and the fiscal	90618
agent;	90619

(b) Any other services agreed to by the board and the	90620
department, including administrative or technical services.	90621

(B) The board, in conjunction and consultation with the	90622
fiscal agent, has the following authority and responsibility	90623
relative to fiscal matters:	90624

(1) Sole authority to expend funds from the board's accounts	90625
for programs and any other necessary expenses the board may incur;	90626

(2) Responsibility to cooperate with and inform the fiscal	90627
agent fully of all financial transactions.	90628

(C) The board shall follow all state procurement, fiscal,	90629
human resources, information technology, statutory, and	90630
administrative rule requirements.	90631

(D) In its role as fiscal agent for the board, the department	90632
shall serve as a contractor of the board, and does not assume	90633
responsibility for the debts or fiscal obligations of the board.	90634

Sec. 4751.05. (A) The board of ~~examiners~~executives of	90635
~~nursing home administrators~~long-term services and supports, or a	90636
government or private entity under contract with the board to	90637
administer examinations for licensure as a nursing home	90638
administrator, shall admit to an examination any candidate who:	90639

(1) Pays the application fee of fifty dollars;

90640

(2) Submits evidence of good moral character and suitability;

90641

(3) Is at least eighteen years of age;

90642

(4) Has completed educational requirements and work	90643
experience satisfactory to the board;	90644

(5) Submits an application on forms prescribed by the board;

90645

(6) Pays the examination fee charged by the board or	90646
government or private entity.	90647

(B) Nothing in Chapter 4751. of the Revised Code or the rules	90648
adopted thereunder shall be construed to require an applicant for	90649
licensure or a temporary license, who is employed by an	90650
institution for the care and treatment of the sick to demonstrate	90651
proficiency in any medical techniques or to meet any medical	90652
educational qualifications or medical standards not in accord with	90653
the remedial care and treatment provided by the institution if the	90654
institution is all of the following:	90655

(1) Operated exclusively for patients who use spiritual means	90656
for healing and for whom the acceptance of medical care is	90657
inconsistent with their religious beliefs;	90658

(2) Accredited by a national accrediting organization;

90659

(3) Exempt from federal income taxation under section 501 of	90660
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	90661
as amended;	90662

(4) Providing twenty-four hour nursing care pursuant to the	90663
exemption in division (E) of section 4723.32 of the Revised Code	90664
from the licensing requirements of Chapter 4723. of the Revised	90665
Code.	90666

(C) If a person fails three times to attain a passing grade	90667
on the examination, said person, before the person may again be	90668
admitted to examination, shall meet such additional education or	90669
experience requirements, or both, as may be prescribed by the	90670
board.	90671

Sec. 4751.06. (A) An applicant for licensure as a nursing	90672
home administrator who has successfully completed the requirements	90673
of section 4751.05 of the Revised Code, passed the examination	90674
administered by the board of ~~examiners~~executives of ~~nursing home~~	90675
~~administrators~~long-term services and supports or a government or	90676
private entity under contract with the board, and paid to the	90677
board an original license fee of two hundred fifty dollars shall	90678
be issued a license on a form provided by the board. Such license	90679
shall certify that the applicant has met the licensure	90680
requirements of Chapter 4751. of the Revised Code and is entitled	90681
to practice as a licensed nursing home administrator.	90682

(B) A temporary license for a period not to exceed one	90683
hundred eighty days may be issued to an individual temporarily	90684
filling the position of a nursing home administrator vacated by	90685
reason of death, illness, or other unexpected cause, pursuant to	90686
regulations adopted by the board.	90687

(C) The fee for a temporary license is one hundred dollars.	90688
Said fee must accompany the application for the temporary license.	90689

(D) Any license or temporary license issued by the board	90690
pursuant to this section shall be under the hand of the	90691
chairperson and the secretary of the board.	90692

(E) A duplicate of the original certificate of registration	90693
or license may be secured to replace one that has been lost or	90694
destroyed by submitting to the board a notarized statement	90695
explaining the conditions of the loss, mutilation, or destruction	90696
of the certificate or license and by paying a fee of twenty-five	90697
dollars.	90698

(F) A duplicate certificate of registration and license may	90699
be issued in the event of a legal change of name by submitting to	90700
the board a certified copy of the court order or marriage license	90701
establishing the change of name, by returning at the same time the	90702
original license and certificate of registration, and by paying a	90703
fee of twenty-five dollars.	90704

Sec. 4751.07. (A) Every individual who holds a valid license	90705
as a nursing home administrator issued under division (A) of	90706
section 4751.06 of the Revised Code, shall immediately upon	90707
issuance thereof be registered with the board of ~~examiners~~	90708
executives of ~~nursing home administrators~~long-term services and	90709
supports and be issued a certificate of registration. Such	90710
individual shall annually apply to the board for a new certificate	90711
of registration on forms provided for such purpose prior to the	90712
expiration of the certificate of registration and shall at the	90713
same time submit satisfactory evidence to the board of having	90714
attended such continuing education programs or courses of study as	90715
may be prescribed in rules adopted by the board.	90716

(B) Upon making an application for a new certificate of	90717
registration such individual shall pay the annual registration fee	90718
of three hundred dollars.	90719

(C) Upon receipt of such application for registration and the	90720
registration fee required by divisions (A) and (B) of this	90721
section, the board shall issue a certificate of registration to	90722
such nursing home administrator.	90723

(D) The license of a nursing home administrator who fails to	90724
comply with this section shall automatically lapse.	90725

(E) A nursing home administrator who has been licensed and	90726
registered in this state who determines to temporarily abandon the	90727
practice of nursing home administration shall notify the board in	90728
writing immediately; provided, that such individual may thereafter	90729
register to resume the practice of nursing home administration	90730
within the state upon complying with the requirements of this	90731
section regarding annual registration.	90732

(F) Only an individual who has qualified as a licensed and	90733
registered nursing home administrator under Chapter 4751. of the	90734
Revised Code and the rules adopted thereunder, and who holds a	90735
valid current registration certificate pursuant to this section,	90736
may use the title "nursing home administrator," or the	90737
abbreviation "N.H.A." after the individual's name. No other person	90738
shall use such title or such abbreviation or any other words,	90739
letters, sign, card, or device tending to indicate or to imply	90740
that the person is a licensed and registered nursing home	90741
administrator.	90742

(G) Every person holding a valid license entitling the person	90743
to practice nursing home administration in this state shall	90744
display said license in the nursing home which is the person's	90745
principal place of employment, and while engaged in the practice	90746
of nursing home administration shall have at hand the current	90747
registration certificate.	90748

(H) Every person holding a valid temporary license shall have	90749
such license at hand while engaged in the practice of nursing home	90750
administration.	90751

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	90752
~~home administrators~~long-term services and supports, in its	90753
discretion, and otherwise subject to Chapter 4751. of the Revised	90754
Code and the rules adopted by the board thereunder prescribing the	90755
qualifications for a nursing home administrator license, may	90756
license a nursing home administrator without examination if hethe	90757
nursing home administrator has a valid license issued by the	90758
proper authorities of any other state, upon payment of a fee of	90759
one hundred fifty dollars, and upon submission of evidence	90760
satisfactory to the board both:	90761

(A) That such other state maintained a system and standard of	90762
qualifications and examinations for a nursing home administrator	90763
license which were substantially equivalent to those required in	90764
this state at the time such other license was issued by such other	90765
state;	90766

(B) That such other state gives similar recognition to	90767
nursing home administrators licensed in this state.	90768

Sec. 4751.10. The license or registration, or both, or the	90769
temporary license of any person practicing or offering to practice	90770
nursing home administration, shall be revoked or suspended by the	90771
board of ~~examiners~~executives of ~~nursing home administrators~~	90772
long-term services and supports if such licensee or temporary	90773
licensee:	90774

(A) Is unfit or incompetent by reason of negligence, habits,	90775
or other causes;	90776

(B) Has willfully or repeatedly violated any of the	90777
provisions of Chapter 4751. of the Revised Code or the regulations	90778
adopted thereunder; or willfully or repeatedly acted in a manner	90779
inconsistent with the health and safety of the patients of the	90780
nursing home in which hethe licensee or temporary licensee is the	90781
administrator;	90782

(C) Is guilty of fraud or deceit in the practice of nursing	90783
home administration or in ~~his~~the licensee's or temporary	90784
licensee's admission to such practice;	90785

(D) Has been convicted in a court of competent jurisdiction,	90786
either within or without this state, of a felony.	90787

Proceedings under this section shall be instituted by the	90788
board or shall be begun by filing with the board charges in	90789
writing and under oath.	90790

Sec. 4751.11. (A) The board of ~~examiners~~executives of	90791
~~nursing home administrators~~long-term services and supports may,	90792
in its discretion, reissue a license or registration, or both, to	90793
any person whose license or registration, or both, has been	90794
revoked.	90795

(B) Application for the reissuance of a license or	90796
registration, or both, shall not be made prior to one year after	90797
revocation and shall be made in such manner as the board may	90798
direct.	90799

(C) If a person convicted of a felony is subsequently	90800
pardoned by the governor of the state where such conviction was	90801
had or by the president of the United States, or receives a final	90802
release granted by the adult parole authority of this state or its	90803
equivalent agency of another state, the board may, in its	90804
discretion, on application of such person and on the submission of	90805
evidence satisfactory to the board restore to such person the	90806
nursing home administrator's license or registration, or both.	90807

Sec. 4751.12. On receipt of a notice pursuant to section	90808
3123.43 of the Revised Code, the board of ~~examiners~~executives of	90809
~~nursing home administrators~~long-term services and supports shall	90810
comply with sections 3123.41 to 3123.50 of the Revised Code and	90811
any applicable rules adopted under section 3123.63 of the Revised	90812
Code with respect to a license issued pursuant to this chapter.	90813

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	90814
~~home administrators~~long-term services and supports shall comply	90815
with section 4776.20 of the Revised Code.	90816

Sec. 4751.14. There is hereby created in the state treasury	90817
the board of executives of long-term services and supports fund.	90818
The fund shall consist of license and registration fees collected	90819
under this chapter. Money in the fund shall be used by the board	90820
of executives of long-term services and supports to administer and	90821
enforce this chapter and the rules adopted under it. Investment	90822
earnings of the fund shall be credited to the fund.	90823

Sec. 4753.071. A person who is required to meet the	90824
supervised professional experience requirement of division (F) of	90825
section 4753.06 of the Revised Code shall submit to the board of	90826
speech-language pathology and audiology an application for a	90827
conditional license. The application shall include a plan for the	90828
content of the supervised professional experience on a form the	90829
board shall prescribe. The board shall issue the conditional	90830
license to the applicant if the applicant meets the requirements	90831
of section 4753.06 of the Revised Code, other than the requirement	90832
to have obtained the supervised professional experience, and pays	90833
to the board the appropriate fee for a conditional license. An	90834
applicant may not begin employment until the conditional license	90835
has been issued.	90836

A conditional license authorizes an individual to practice	90837
speech-language pathology or audiology while completing the	90838
supervised professional experience as required by division (F) of	90839
section 4753.06 of the Revised Code. A person holding a	90840
conditional license may practice speech-language pathology or	90841
audiology while working under the supervision of a person fully	90842
licensed in accordance with this chapter. A conditional license is	90843
valid for eighteen months unless suspended or revoked pursuant to	90844
section 3123.47 or 4753.10 of the Revised Code.	90845

A person holding a conditional license may perform services	90846
for which ~~reimbursement~~payment will be sought under the medicare	90847
program ~~established under Title XVIII of the "Social Security~~	90848
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	90849
medicaid program ~~established under Chapter 5111. of the Revised~~	90850
~~Code~~ but all requests for ~~reimbursement~~payment for such services	90851
shall be made by the person who supervises the person performing	90852
the services.	90853

Sec. 4755.11. (A) In accordance with Chapter 119. of the	90854
Revised Code, the occupational therapy section of the Ohio	90855
occupational therapy, physical therapy, and athletic trainers	90856
board may suspend, revoke, or refuse to issue or renew an	90857
occupational therapist license, occupational therapy assistant	90858
license, occupational therapist limited permit, occupational	90859
therapy assistant limited permit, or reprimand, fine, place a	90860
license or limited permit holder on probation, or require the	90861
license or limited permit holder to take corrective action	90862
courses, for any of the following:	90863

(1) Conviction of an offense involving moral turpitude or a	90864
felony, regardless of the state or country in which the conviction	90865
occurred;	90866

(2) Violation of any provision of sections 4755.04 to 4755.13	90867
of the Revised Code;	90868

(3) Violation of any lawful order or rule of the occupational	90869
therapy section;	90870

(4) Obtaining or attempting to obtain a license or limited	90871
permit issued by the occupational therapy section by fraud or	90872
deception, including the making of a false, fraudulent, deceptive,	90873
or misleading statements in relation to these activities;	90874

(5) Negligence, unprofessional conduct, or gross misconduct	90875
in the practice of the profession of occupational therapy;	90876

(6) Accepting commissions or rebates or other forms of	90877
remuneration for referring persons to other professionals;	90878

(7) Communicating, without authorization, information	90879
received in professional confidence;	90880

(8) Using controlled substances, habit forming drugs, or	90881
alcohol to an extent that it impairs the ability to perform the	90882
work of an occupational therapist, occupational therapy assistant,	90883
occupational therapist limited permit holder, or occupational	90884
therapy assistant limited permit holder;	90885

(9) Practicing in an area of occupational therapy for which	90886
the individual is untrained or incompetent;	90887

(10) Failing the licensing or Ohio jurisprudence examination;

90888

(11) Aiding, abetting, directing, or supervising the	90889
unlicensed practice of occupational therapy;	90890

(12) Denial, revocation, suspension, or restriction of	90891
authority to practice a health care occupation, including	90892
occupational therapy, for any reason other than a failure to	90893
renew, in Ohio or another state or jurisdiction;	90894

(13) Except as provided in division (B) of this section:

90895

(a) Waiving the payment of all or any part of a deductible or	90896
copayment that a patient, pursuant to a health insurance or health	90897
care policy, contract, or plan that covers occupational therapy,	90898
would otherwise be required to pay if the waiver is used as an	90899
enticement to a patient or group of patients to receive health	90900
care services from that provider;	90901

(b) Advertising that the individual will waive the payment of	90902
all or any part of a deductible or copayment that a patient,	90903
pursuant to a health insurance or health care policy, contract, or	90904
plan that covers occupational therapy, would otherwise be required	90905
to pay.	90906

(14) Working or representing oneself as an occupational	90907
therapist, occupational therapy assistant, occupational therapist	90908
limited permit holder, or occupational therapy assistant limited	90909
permit holder without a current and valid license or limited	90910
permit issued by the occupational therapy section;	90911

(15) Engaging in a deceptive trade practice, as defined in	90912
section 4165.02 of the Revised Code;	90913

(16) Violation of the standards of ethical conduct in the	90914
practice of occupational therapy as identified by the occupational	90915
therapy section;	90916

(17) A departure from, or the failure to conform to, minimal	90917
standards of care required of licensees or limited permit holders,	90918
whether or not actual injury to a patient is established;	90919

(18) An adjudication by a court that the applicant, licensee,	90920
or limited permit holder is incompetent for the purpose of holding	90921
a license or limited permit and has not thereafter been restored	90922
to legal capacity for that purpose;	90923

(19)(a) Except as provided in division (A)(19)(b) of this	90924
section, failure to cooperate with an investigation conducted by	90925
the occupational therapy section, including failure to comply with	90926
a subpoena or orders issued by the section or failure to answer	90927
truthfully a question presented by the section at a deposition or	90928
in written interrogatories.	90929

(b) Failure to cooperate with an investigation does not	90930
constitute grounds for discipline under this section if a court of	90931
competent jurisdiction issues an order that either quashes a	90932
subpoena or permits the individual to withhold the testimony or	90933
evidence at issue.	90934

(20) Conviction of a misdemeanor reasonably related to the	90935
practice of occupational therapy, regardless of the state or	90936
country in which the conviction occurred;	90937

(21) Inability to practice according to acceptable and	90938
prevailing standards of care because of mental or physical	90939
illness, including physical deterioration that adversely affects	90940
cognitive, motor, or perception skills;	90941

(22) Violation of conditions, limitations, or agreements	90942
placed by the occupational therapy section on a license or limited	90943
permit to practice;	90944

(23) Making a false, fraudulent, deceptive, or misleading	90945
statement in the solicitation of or advertising for patients in	90946
relation to the practice of occupational therapy;	90947

(24) Failure to complete continuing education requirements as	90948
prescribed in rules adopted by the occupational therapy section	90949
under section 4755.06 of the Revised Code.	90950

(B) Sanctions shall not be imposed under division (A)(13) of	90951
this section against any individual who waives deductibles and	90952
copayments as follows:	90953

(1) In compliance with the health benefit plan that expressly	90954
allows such a practice. Waiver of the deductibles or copayments	90955
shall be made only with the full knowledge and consent of the plan	90956
purchaser, payer, and third-party administrator. Documentation of	90957
the consent shall be made available to the section upon request.	90958

(2) For professional services rendered to any other person	90959
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	90960
Code to the extent allowed by those sections and the rules of the	90961
occupational therapy section.	90962

(C) Except as provided in division (D) of this section, the	90963
suspension or revocation of a license or limited permit under this	90964
section is not effective until either the order for suspension or	90965
revocation has been affirmed following an adjudication hearing, or	90966
the time for requesting a hearing has elapsed.	90967

When a license or limited permit is revoked under this	90968
section, application for reinstatement may not be made sooner than	90969
one year after the date of revocation. The occupational therapy	90970
section may accept or refuse an application for reinstatement and	90971
may require that the applicant pass an examination as a condition	90972
of reinstatement.	90973

When a license or limited permit holder is placed on	90974
probation under this section, the occupational therapy section's	90975
probation order shall be accompanied by a statement of the	90976
conditions under which the individual may be removed from	90977
probation and restored to unrestricted practice.	90978

(D) On receipt of a complaint that a person who holds a	90979
license or limited permit issued by the occupational therapy	90980
section has committed any of the prohibited actions listed in	90981
division (A) of this section, the section may immediately suspend	90982
the license or limited permit prior to holding a hearing in	90983
accordance with Chapter 119. of the Revised Code if it determines,	90984
based on the complaint, that the licensee or limited permit holder	90985
poses an immediate threat to the public. The section may review	90986
the allegations and vote on the suspension by telephone conference	90987
call. If the section votes to suspend a license or limited permit	90988
under this division, the section shall ~~notify~~issue a written	90989
order of summary suspension to the licensee or limited permit	90990
holder ~~of the suspension~~ in accordance with section 119.07 of the	90991
Revised Code. If the individual whose license or limited permit is	90992
suspended fails to make a timely request for an adjudication under	90993
Chapter 119. of the Revised Code, the section shall enter a final	90994
order permanently revoking the individual's license or limited	90995
permit. Notwithstanding section 119.12 of the Revised Code, a	90996
court of common pleas shall not grant a suspension of the	90997
section's order of summary suspension pending the determination of	90998
an appeal filed under that section. Any order of summary	90999
suspension issued under this division shall remain in effect,	91000
unless reversed on appeal, until a final adjudication order issued	91001
by the section pursuant to division (A) of this section becomes	91002
effective. The section shall issue its final adjudication order	91003
regarding an order of summary suspension issued under this	91004
division not later than ninety days after completion of its	91005
hearing. Failure to issue the order within ninety days shall	91006
result in immediate dissolution of the suspension order, but shall	91007
not invalidate any subsequent, final adjudication order.	91008

(E) If any person other than a person who holds a license or	91009
limited permit issued under section 4755.08 of the Revised Code	91010
has engaged in any practice that is prohibited under sections	91011
4755.04 to 4755.13 of the Revised Code or the rules of the	91012
occupational therapy section, the section may apply to the court	91013
of common pleas of the county in which the violation occurred, for	91014
an injunction or other appropriate order restraining this conduct,	91015
and the court shall issue this order.	91016

Sec. 4755.47. (A) In accordance with Chapter 119. of the	91017
Revised Code, the physical therapy section of the Ohio	91018
occupational therapy, physical therapy, and athletic trainers	91019
board may refuse to grant a license to an applicant for an initial	91020
or renewed license as a physical therapist or physical therapist	91021
assistant or, by an affirmative vote of not less than five	91022
members, may limit, suspend, or revoke the license of a physical	91023
therapist or physical therapist assistant or reprimand, fine,	91024
place a license holder on probation, or require the license holder	91025
to take corrective action courses, on any of the following	91026
grounds:	91027

(1) Habitual indulgence in the use of controlled substances,	91028
other habit-forming drugs, or alcohol to an extent that affects	91029
the individual's professional competency;	91030

(2) Conviction of a felony or a crime involving moral	91031
turpitude, regardless of the state or country in which the	91032
conviction occurred;	91033

(3) Obtaining or attempting to obtain a license issued by the	91034
physical therapy section by fraud or deception, including the	91035
making of a false, fraudulent, deceptive, or misleading statement;	91036

(4) An adjudication by a court, as provided in section	91037
5122.301 of the Revised Code, that the applicant or licensee is	91038
incompetent for the purpose of holding the license and has not	91039
thereafter been restored to legal capacity for that purpose;	91040

(5) Subject to section 4755.471 of the Revised Code,	91041
violation of the code of ethics adopted by the physical therapy	91042
section;	91043

(6) Violating or attempting to violate, directly or	91044
indirectly, or assisting in or abetting the violation of or	91045
conspiring to violate sections 4755.40 to 4755.56 of the Revised	91046
Code or any order issued or rule adopted under those sections;	91047

(7) Failure of one or both of the examinations required under	91048
section 4755.43 or 4755.431 of the Revised Code;	91049

(8) Permitting the use of one's name or license by a person,	91050
group, or corporation when the one permitting the use is not	91051
directing the treatment given;	91052

(9) Denial, revocation, suspension, or restriction of	91053
authority to practice a health care occupation, including physical	91054
therapy, for any reason other than a failure to renew, in Ohio or	91055
another state or jurisdiction;	91056

(10) Failure to maintain minimal standards of practice in the	91057
administration or handling of drugs, as defined in section 4729.01	91058
of the Revised Code, or failure to employ acceptable scientific	91059
methods in the selection of drugs, as defined in section 4729.01	91060
of the Revised Code, or other modalities for treatment;	91061

(11) Willful betrayal of a professional confidence;

91062

(12) Making a false, fraudulent, deceptive, or misleading	91063
statement in the solicitation of or advertising for patients in	91064
relation to the practice of physical therapy;	91065

(13) A departure from, or the failure to conform to, minimal	91066
standards of care required of licensees when under the same or	91067
similar circumstances, whether or not actual injury to a patient	91068
is established;	91069

(14) Obtaining, or attempting to obtain, money or anything of	91070
value by fraudulent misrepresentations in the course of practice;	91071

(15) Violation of the conditions of limitation or agreements	91072
placed by the physical therapy section on a license to practice;	91073

(16) Failure to renew a license in accordance with section	91074
4755.46 of the Revised Code;	91075

(17) Except as provided in section 4755.471 of the Revised	91076
Code, engaging in the division of fees for referral of patients or	91077
receiving anything of value in return for a specific referral of a	91078
patient to utilize a particular service or business;	91079

(18) Inability to practice according to acceptable and	91080
prevailing standards of care because of mental illness or physical	91081
illness, including physical deterioration that adversely affects	91082
cognitive, motor, or perception skills;	91083

(19) The revocation, suspension, restriction, or termination	91084
of clinical privileges by the United States department of defense	91085
or department of veterans affairs;	91086

(20) Termination or suspension from participation in the	91087
medicare or medicaid program established under Title XVIII and	91088
Title XIX, respectively, of the "Social Security Act," 49 Stat.	91089
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	91090
constitute a violation of sections 4755.40 to 4755.56 of the	91091
Revised Code;	91092

(21) Failure of a physical therapist to maintain supervision	91093
of a student, physical therapist assistant, unlicensed support	91094
personnel, other assistant personnel, or a license applicant in	91095
accordance with the requirements of sections 4755.40 to 4755.56 of	91096
the Revised Code and rules adopted under those sections;	91097

(22) Failure to complete continuing education requirements as	91098
prescribed in section 4755.51 or 4755.511 of the Revised Code or	91099
to satisfy any rules applicable to continuing education	91100
requirements that are adopted by the physical therapy section;	91101

(23) Conviction of a misdemeanor when the act that	91102
constitutes the misdemeanor occurs during the practice of physical	91103
therapy;	91104

(24)(a) Except as provided in division (A)(24)(b) of this	91105
section, failure to cooperate with an investigation conducted by	91106
the physical therapy section, including failure to comply with a	91107
subpoena or orders issued by the section or failure to answer	91108
truthfully a question presented by the section at a deposition or	91109
in written interrogatories.	91110

(b) Failure to cooperate with an investigation does not	91111
constitute grounds for discipline under this section if a court of	91112
competent jurisdiction issues an order that either quashes a	91113
subpoena or permits the individual to withhold the testimony or	91114
evidence at issue.	91115

(25) Regardless of whether the contact or verbal behavior is	91116
consensual, engaging with a patient other than the spouse of the	91117
physical therapist or physical therapist assistant, in any of the	91118
following:	91119

(a) Sexual contact, as defined in section 2907.01 of the	91120
Revised Code;	91121

(b) Verbal behavior that is sexually demeaning to the patient	91122
or may be reasonably interpreted by the patient as sexually	91123
demeaning.	91124

(26) Failure to notify the physical therapy section of a	91125
change in name, business address, or home address within thirty	91126
days after the date of change;	91127

(27) Except as provided in division (B) of this section:

91128

(a) Waiving the payment of all or any part of a deductible or	91129
copayment that a patient, pursuant to a health insurance or health	91130
care policy, contract, or plan that covers physical therapy, would	91131
otherwise be required to pay if the waiver is used as an	91132
enticement to a patient or group of patients to receive health	91133
care services from that provider;	91134

(b) Advertising that the individual will waive the payment of	91135
all or any part of a deductible or copayment that a patient,	91136
pursuant to a health insurance or health care policy, contract, or	91137
plan that covers physical therapy, would otherwise be required to	91138
pay;	91139

(28) Violation of any section of this chapter or rule adopted	91140
under it.	91141

(B) Sanctions shall not be imposed under division (A)(27) of	91142
this section against any individual who waives deductibles and	91143
copayments as follows:	91144

(1) In compliance with the health benefit plan that expressly	91145
allows such a practice. Waiver of the deductibles or copayments	91146
shall be made only with the full knowledge and consent of the plan	91147
purchaser, payer, and third-party administrator. Documentation of	91148
the consent shall be made available to the physical therapy	91149
section upon request.	91150

(2) For professional services rendered to any other person	91151
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	91152
Code to the extent allowed by those sections and the rules of the	91153
physical therapy section.	91154

(C) When a license is revoked under this section, application	91155
for reinstatement may not be made sooner than one year after the	91156
date of revocation. The physical therapy section may accept or	91157
refuse an application for reinstatement and may require that the	91158
applicant pass an examination as a condition for reinstatement.	91159

When a license holder is placed on probation under this	91160
section, the physical therapy section's order for placement on	91161
probation shall be accompanied by a statement of the conditions	91162
under which the individual may be removed from probation and	91163
restored to unrestricted practice.	91164

(D) When an application for an initial or renewed license is	91165
refused under this section, the physical therapy section shall	91166
notify the applicant in writing of the section's decision to	91167
refuse issuance of a license and the reason for its decision.	91168

(E) On receipt of a complaint that a person licensed by the	91169
physical therapy section has committed any of the actions listed	91170
in division (A) of this section, the physical therapy section may	91171
immediately suspend the license of the physical therapist or	91172
physical therapist assistant prior to holding a hearing in	91173
accordance with Chapter 119. of the Revised Code if it determines,	91174
based on the complaint, that the person poses an immediate threat	91175
to the public. The physical therapy section may review the	91176
allegations and vote on the suspension by telephone conference	91177
call. If the physical therapy section votes to suspend a license	91178
under this division, the physical therapy section shall ~~notify~~	91179
issue a written order of summary suspension to the person ~~of the~~	91180
~~suspension~~ in accordance with section 119.07 of the Revised Code.	91181
If the person fails to make a timely request for an adjudication	91182
under Chapter 119. of the Revised Code, the physical therapy	91183
section shall enter a final order permanently revoking the	91184
person's license. Notwithstanding section 119.12 of the Revised	91185
Code, a court of common pleas shall not grant a suspension of the	91186
physical therapy section's order of summary suspension pending the	91187
determination of an appeal filed under that section. Any order of	91188
summary suspension issued under this division shall remain in	91189
effect, unless reversed on appeal, until a final adjudication	91190
order issued by the physical therapy section pursuant to division	91191
(A) of this section becomes effective. The physical therapy	91192
section shall issue its final adjudication order regarding an	91193
order of summary suspension issued under this division not later	91194
than ninety days after completion of its hearing. Failure to issue	91195
the order within ninety days shall result in immediate dissolution	91196
of the suspension order, but shall not invalidate any subsequent,	91197
final adjudication order.	91198

Sec. 4755.481. (A) If a physical therapist evaluates and	91199
treats a patient without the prescription of, or the referral of	91200
the patient by, a person described in division (G)(1) of section	91201
4755.48 of the Revised Code, all of the following apply:	91202

(1) The physical therapist shall, upon consent of the	91203
patient, inform the relevant person described in division (G)(1)	91204
of section 4755.48 of the Revised Code of the evaluation not later	91205
than five business days after the evaluation is made.	91206

(2) If the physical therapist determines, based on reasonable	91207
evidence, that no substantial progress has been made with respect	91208
to that patient during the thirty-day period immediately following	91209
the date of the patient's initial visit with the physical	91210
therapist, the physical therapist shall consult with or refer the	91211
patient to a person described in division (G)(1) of section	91212
4755.48 of the Revised Code, unless either of the following	91213
applies:	91214

(a) The evaluation, treatment, or services are being provided	91215
for fitness, wellness, or prevention purposes.	91216

(b) The patient previously was diagnosed with chronic,	91217
neuromuscular, or developmental conditions and the evaluation,	91218
treatment, or services are being provided for problems or symptoms	91219
associated with one or more of those previously diagnosed	91220
conditions.	91221

(3) If the physical therapist determines that orthotic	91222
devices are necessary to treat the patient, the physical therapist	91223
shall be limited to the application of the following orthotic	91224
devices:	91225

(a) Upper extremity adaptive equipment used to facilitate the	91226
activities of daily living;	91227

(b) Finger splints;

91228

91229

(d) Prefabricated elastic or fabric abdominal supports with	91230
or without metal or plastic reinforcing stays and other	91231
prefabricated soft goods requiring minimal fitting;	91232

(e) Nontherapeutic accommodative inlays;

91233

(f) Shoes that are not manufactured or modified for a	91234
particular individual;	91235

(g) Prefabricated foot care products;

91236

(h) Custom foot orthotics;

91237

(i) Durable medical equipment.

91238

(4) If, at any time, the physical therapist has reason to	91239
believe that the patient has symptoms or conditions that require	91240
treatment or services beyond the scope of practice of a physical	91241
therapist, the physical therapist shall refer the patient to a	91242
licensed health care practitioner acting within the practitioner's	91243
scope of practice.	91244

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	91245
Code shall be construed to require reimbursement under any health	91246
insuring corporation policy, contract, or agreement, any sickness	91247
and accident insurance policy, the ~~medical assistance~~medicaid	91248
program ~~as defined in section 5111.01 of the Revised Code~~, or the	91249
health partnership program or qualified health plans established	91250
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	91251
any physical therapy service rendered without the prescription of,	91252
or the referral of the patient by, a person described in division	91253
(G)(1) of section 4755.48 of the Revised Code.	91254

(C) For purposes of this section, "business day" means any	91255
calendar day that is not a Saturday, Sunday, or legal holiday.	91256
"Legal holiday" has the same meaning as in section 1.14 of the	91257
Revised Code.	91258

Sec. 4755.64. (A) In accordance with Chapter 119. of the	91259
Revised Code, the athletic trainers section of the Ohio	91260
occupational therapy, physical therapy, and athletic trainers	91261
board may suspend, revoke, or refuse to issue or renew an athletic	91262
trainers license, or reprimand, fine, or place a licensee on	91263
probation, for any of the following:	91264

(1) Conviction of a felony or offense involving moral	91265
turpitude, regardless of the state or country in which the	91266
conviction occurred;	91267

(2) Violation of sections 4755.61 to 4755.65 of the Revised	91268
Code or any order issued or rule adopted thereunder;	91269

(3) Obtaining a license through fraud, false or misleading	91270
representation, or concealment of material facts;	91271

(4) Negligence or gross misconduct in the practice of	91272
athletic training;	91273

(5) Violating the standards of ethical conduct in the	91274
practice of athletic training as adopted by the athletic trainers	91275
section under section 4755.61 of the Revised Code;	91276

(6) Using any controlled substance or alcohol to the extent	91277
that the ability to practice athletic training at a level of	91278
competency is impaired;	91279

(7) Practicing in an area of athletic training for which the	91280
individual is untrained, incompetent, or practicing without the	91281
referral of a practitioner licensed under Chapter 4731. of the	91282
Revised Code, a dentist licensed under Chapter 4715. of the	91283
Revised Code, a chiropractor licensed under Chapter 4734. of the	91284
Revised Code, or a physical therapist licensed under this chapter;	91285

(8) Employing, directing, or supervising a person in the	91286
performance of athletic training procedures who is not authorized	91287
to practice as a licensed athletic trainer under this chapter;	91288

(9) Misrepresenting educational attainments or the functions	91289
the individual is authorized to perform for the purpose of	91290
obtaining some benefit related to the individual's athletic	91291
training practice;	91292

(10) Failing the licensing examination;

91293

(11) Aiding or abetting the unlicensed practice of athletic	91294
training;	91295

(12) Denial, revocation, suspension, or restriction of	91296
authority to practice a health care occupation, including athletic	91297
training, for any reason other than a failure to renew, in Ohio or	91298
another state or jurisdiction.	91299

(B) If the athletic trainers section places a licensee on	91300
probation under division (A) of this section, the section's order	91301
for placement on probation shall be accompanied by a written	91302
statement of the conditions under which the person may be removed	91303
from probation and restored to unrestricted practice.	91304

(C) A licensee whose license has been revoked under division	91305
(A) of this section may apply to the athletic trainers section for	91306
reinstatement of the license one year following the date of	91307
revocation. The athletic trainers section may accept or deny the	91308
application for reinstatement and may require that the applicant	91309
pass an examination as a condition for reinstatement.	91310

(D) On receipt of a complaint that a person licensed by the	91311
athletic trainers section has committed any of the prohibited	91312
actions listed in division (A) of this section, the section may	91313
immediately suspend the license of a licensed athletic trainer	91314
prior to holding a hearing in accordance with Chapter 119. of the	91315
Revised Code if it determines, based on the complaint, that the	91316
licensee poses an immediate threat to the public. The section may	91317
review the allegations and vote on the suspension by telephone	91318
conference call. If the section votes to suspend a license under	91319
this division, the section shall ~~notify~~issue a written order of	91320
summary suspension to the licensed athletic trainer ~~of the~~	91321
~~suspension~~ in accordance with section 119.07 of the Revised Code.	91322
If the individual whose license is suspended fails to make a	91323
timely request for an adjudication under Chapter 119. of the	91324
Revised Code, the section shall enter a final order permanently	91325
revoking the individual's license. Notwithstanding section 119.12	91326
of the Revised Code, a court of common pleas shall not grant a	91327
suspension of the section's order of summary suspension pending	91328
the determination of an appeal filed under that section. Any order	91329
of summary suspension issued under this division shall remain in	91330
effect, unless reversed on appeal, until a final adjudication	91331
order issued by the section pursuant to division (A) of this	91332
section becomes effective. The section shall issue its final	91333
adjudication order regarding an order of summary suspension issued	91334
under this division not later than ninety days after completion of	91335
its hearing. Failure to issue the order within ninety days shall	91336
result in immediate dissolution of the suspension order, but shall	91337
not invalidate any subsequent, final adjudication order.	91338

Sec. 4758.10. (A) There is hereby created the chemical	91339
dependency professionals board.	91340

(B) The governor shall appoint all of the following voting	91341
members of the board with the advice and consent of the senate:	91342

(1) Four individuals who hold a valid independent chemical	91343
dependency counselor-clinical supervisor license or independent	91344
chemical dependency counselor license issued under this chapter,	91345
including at least two of whom have received at least a master's	91346
degree in a field related to chemical dependency counseling from	91347
an accredited educational institution;	91348

(2) Two individuals who hold a valid chemical dependency	91349
counselor III license issued under this chapter;	91350

(3) One individual who holds a valid chemical dependency	91351
counselor II license issued under this chapter;	91352

(4) Two individuals who hold a valid prevention specialist II	91353
certificate or prevention specialist I certificate issued under	91354
this chapter;	91355

(5) One individual who is authorized under Chapter 4731. of	91356
the Revised Code to practice medicine and surgery or osteopathic	91357
medicine and surgery and has experience practicing in a field	91358
related to chemical dependency counseling;	91359

(6) Two individuals who represent the public and have not	91360
practiced chemical dependency counseling or alcohol and other drug	91361
prevention services and have not been involved in the delivery of	91362
chemical dependency counseling services or alcohol and other drug	91363
prevention services. At least one of these individuals shall be at	91364
least ~~sixty~~fifty years of age. During their terms, the public	91365
members shall not practice chemical dependency counseling or	91366
alcohol and other drug prevention services or be involved in the	91367
delivery of chemical dependency counseling services or alcohol and	91368
other drug prevention services.	91369

(C) Not later than ninety days after December 23, 2002, the	91370
director of ~~alcohol and drug addiction services~~mental health and	91371
addiction services shall appoint an individual who represents the	91372
department of ~~alcohol and drug addiction services~~mental health	91373
and addiction services to serve as an ex officio member of the	91374
chemical dependency professionals board.	91375

(D) Not more than one-half of the voting members of the board	91376
may be of the same gender or members of the same political party.	91377
At least two voting members of the board shall be of African,	91378
Native American, Hispanic, or Asian descent.	91379

Sec. 4758.11. Of the initial appointees to the chemical	91380
dependency professionals board appointed by the governor under	91381
division (B) of section 4758.10 of the Revised Code, four shall be	91382
appointed for terms ending one year after ~~the effective date of~~	91383
~~this section~~December 23, 2002, four shall be appointed for terms	91384
ending two years after ~~the effective date of this section~~December	91385
23, 2002, and four shall be appointed for terms ending three years	91386
after ~~the effective date of this section~~December 23, 2002. After	91387
the initial appointments, terms of office shall be three years,	91388
each term ending on the same day of the same month of the year as	91389
the term it succeeds.	91390

A voting member of the board shall hold office from the date	91391
of appointment until the end of the term for which the member was	91392
appointed. A voting member appointed to fill a vacancy occurring	91393
prior to the expiration of the term for which the member's	91394
predecessor was appointed shall hold office for the remainder of	91395
that term. A voting member shall continue in office after the	91396
expiration date of the member's term until the member's successor	91397
takes office or until a period of sixty days has elapsed,	91398
whichever occurs first. Voting members may be reappointed, except	91399
that an individual who has held office for two consecutive full	91400
terms shall not be reappointed sooner than one year after the	91401
expiration of the second full term.	91402

The ex officio member of the board appointed by the director	91403
of ~~alcohol and drug addiction services~~mental health and addiction	91404
services under division (C) of section 4758.10 of the Revised Code	91405
shall serve at the pleasure of the director.	91406

Sec. 4761.01. As used in this chapter:

91407

(A) "Respiratory care" means rendering or offering to render	91408
to individuals, groups, organizations, or the public any service	91409
involving the evaluation of cardiopulmonary function, the	91410
treatment of cardiopulmonary impairment, the assessment of	91411
treatment effectiveness, and the care of patients with	91412
deficiencies and abnormalities associated with the cardiopulmonary	91413
system. The practice of respiratory care includes:	91414

(1) Obtaining, analyzing, testing, measuring, and monitoring	91415
blood and gas samples in the determination of cardiopulmonary	91416
parameters and related physiologic data, including flows,	91417
pressures, and volumes, and the use of equipment employed for this	91418
purpose;	91419

(2) Administering, monitoring, recording the results of, and	91420
instructing in the use of medical gases, aerosols, and	91421
bronchopulmonary hygiene techniques, including drainage,	91422
aspiration, and sampling, and applying, maintaining, and	91423
instructing in the use of artificial airways, ventilators, and	91424
other life support equipment employed in the treatment of	91425
cardiopulmonary impairment and provided in collaboration with	91426
other licensed health care professionals responsible for providing	91427
care;	91428

(3) Performing cardiopulmonary resuscitation and respiratory	91429
rehabilitation techniques;	91430

(4) Administering medications for the testing or treatment of	91431
cardiopulmonary impairment.	91432

(B) "Respiratory care professional" means a person who is	91433
licensed under this chapter to practice the full range of	91434
respiratory care services as defined in division (A) of this	91435
section.	91436

(C) "Physician" means an individual authorized under Chapter	91437
4731. of the Revised Code to practice medicine and surgery or	91438
osteopathic medicine and surgery.	91439

(D) "Registered nurse" means an individual licensed under	91440
Chapter 4723. of the Revised Code to engage in the practice of	91441
nursing as a registered nurse.	91442

(E) "Hospital" means a facility that meets the operating	91443
standards of section 3727.02 of the Revised Code.	91444

(F) "Nursing facility" has the same meaning as in section	91445
~~5111.20~~5165.01 of the Revised Code.	91446

Sec. 4778.02. (A)(1) Except as provided in division (B) of	91447
this section, no person shall practice as a genetic counselor	91448
unless the person holds a current, valid license to practice as a	91449
genetic counselor issued under this chapter.	91450

(2) No person shall use the title "genetic counselor," or	91451
otherwise hold the person out as a genetic counselor, unless the	91452
person holds a current, valid license to practice as a genetic	91453
counselor issued under this chapter.	91454

(B) Division (A)(1) of this section does not apply to either	91455
of the following:	91456

(1) A student performing an activity as part of a genetic	91457
counseling graduate program described in division (B)~~(2)~~(1)(b) of	91458
section 4778.03 of the Revised Code;	91459

(2) A person who is authorized pursuant to another provision	91460
of the Revised Code to perform any of the activities that a	91461
genetic counselor is authorized to perform.	91462

Sec. 4778.03. (A) An individual seeking a license to	91463
practice as a genetic counselor shall file with the state medical	91464
board an application in a manner prescribed by the board. The	91465
application shall include all the information the board considers	91466
necessary to process the application, including evidence	91467
satisfactory to the board that the applicant meets the	91468
requirements specified in division (B) of this section.	91469

At the time an application is submitted, the applicant shall	91470
pay the board an application fee of two hundred dollars. No part	91471
of the fee shall be returned to the applicant or transferred for	91472
purposes of another application.	91473

(B)(1) To be eligible to receive a license to practice as a	91474
genetic counselor, an applicant shall demonstrate to the board	91475
that the applicant meets all of the following requirements:	91476

~~(1)~~(a) Is at least eighteen years of age and of good moral	91477
character;	91478

~~(2) Has~~(b) Except as provided in division (B)(2) of this	91479
section, has attained a master's degree or higher degree from a	91480
genetic counseling graduate program accredited by the American	91481
board of genetic counseling, inc.;	91482

~~(3)~~(c) Is a certified genetic counselor;

91483

~~(4)~~(d) Has satisfied any other requirements established by	91484
the board in rules adopted under section 4778.12 of the Revised	91485
Code.	91486

(2) In the case of an applicant who files an application not	91487
later than December 31, 2013, and meets all eligibility	91488
requirements other than the requirement specified in division	91489
(B)(1)(b) of this section, the applicant is eligible for a license	91490
to practice as a genetic counselor if the applicant has attained a	91491
master's or higher degree in education or in a field that the	91492
state medical board considers to be closely related to genetic	91493
counseling.	91494

(C) The board shall review all applications received under	91495
this section. Not later than sixty days after receiving an	91496
application it considers complete, the board shall determine	91497
whether the applicant meets the requirements for a license to	91498
practice as a genetic counselor. The affirmative vote of not fewer	91499
than six members of the board is required to determine that the	91500
applicant meets the requirements for the license.	91501

Sec. 4781.121. (A) The manufactured homes commission,	91502
pursuant to section 4781.04 of the Revised Code, may investigate	91503
any person who allegedly has committed a violation. If, after an	91504
investigation the commission determines that reasonable evidence	91505
exists that a person has committed a violation, within seven days	91506
after that determination, the commission shall send a written	91507
notice to that person in the same manner as prescribed in section	91508
119.07 of the Revised Code for licensees, except that the notice	91509
shall specify that a hearing will be held and specify the date,	91510
time, and place of the hearing.	91511

(B) The commission shall hold a hearing regarding the alleged	91512
violation in the same manner prescribed for an adjudication	91513
hearing under section 119.09 of the Revised Code. If the	91514
commission, after the hearing, determines that a violation has	91515
occurred, the commission, upon an affirmative vote of five of its	91516
members, may impose a fine not exceeding one thousand dollars per	91517
violation per day. The commission's determination is an order that	91518
the person may appeal in accordance with section 119.12 of the	91519
Revised Code.	91520

(C) If the person who allegedly committed a violation fails	91521
to appear for a hearing, the commission may request the court of	91522
common pleas of the county where the alleged violation occurred to	91523
compel the person to appear before the commission for a hearing.	91524

(D) If the commission assesses a person a civil penalty for a	91525
violation and the person fails to pay that civil penalty within	91526
the time period prescribed by the commission pursuant to section	91527
131.02 of the Revised Code, the commission shall forward to the	91528
attorney general the name of the person and the amount of the	91529
civil penalty for the purpose of collecting that civil penalty. In	91530
addition to the civil penalty assessed pursuant to this section,	91531
the person also shall pay any fee assessed by the attorney general	91532
for collection of the civil penalty.	91533

(E) The authority provided to the commission pursuant to this	91534
section, and any fine imposed under this section, shall be in	91535
addition to, and not in lieu of, all penalties and other remedies	91536
provided in this chapter. Any fines collected pursuant to this	91537
section shall be used solely to administer and enforce this	91538
chapter and rules adopted under it. Any fees collected pursuant to	91539
this section shall be transmitted to the treasurer of state and	91540
shall be credited to the manufactured homes commission regulatory	91541
fund created in section 4781.54 of the Revised Code and the rules	91542
adopted thereunder. The fees shall be used only for the purpose of	91543
administering and enforcing sections 4781.26 to 4781.35 of the	91544
Revised Code and the rules adopted thereunder.	91545

(F) As used in this section, "violation" means a violation of	91546
section 4781.11, 4781.16, or 4781.27 of the Revised Code, or any	91547
rule adopted pursuant to ~~section 4781.04, of the Revised Code~~this	91548
chapter.	91549

Sec. 4781.28. The manufactured homes commission may charge a	91550
fee for an annual license to operate a manufactured home park. The	91551
fee for a license shall be determined in accordance with section	91552
~~4781.26~~4781.27 of the Revised Code and shall include the cost of	91553
licensing and all inspections.	91554

Any fees collected shall be transmitted to the treasurer of	91555
state and shall be credited to the manufactured homes commission	91556
regulatory fund created in section 4781.54 of the Revised Code and	91557
used only for the purpose of administering and enforcing sections	91558
4781.26 to 4781.35 of the Revised Code and the rules adopted	91559
thereunder.	91560

Sec. 4781.29. The manufactured homes commission may refuse	91561
to grant, may suspend, or may revoke any license granted to any	91562
person for failure to comply with ~~sections 4781.26 to 4781.35 of~~	91563
~~the Revised Code~~this chapter or with any rule adopted under	91564
~~section 4781.26 of the Revised Code~~this chapter.	91565

Sec. 4906.20. (A) No person shall commence to construct an	91566
economically significant wind farm in this state without first	91567
having obtained a certificate from the power siting board. An	91568
economically significant wind farm with respect to which such a	91569
certificate is required shall be constructed, operated, and	91570
maintained in conformity with that certificate and any terms,	91571
conditions, and modifications it contains. A certificate shall be	91572
issued only pursuant to this section. The certificate may be	91573
transferred, subject to the approval of the board, to a person	91574
that agrees to comply with those terms, conditions, and	91575
modifications.	91576

(B) The board shall adopt rules governing the certificating	91577
of economically significant wind farms under this section. Initial	91578
rules shall be adopted within one hundred twenty days after June	91579
24, 2008.	91580

(1) The rules shall provide for an application process for	91581
certificating economically significant wind farms that is	91582
identical to the extent practicable to the process applicable to	91583
certificating major utility facilities under sections 4906.06,	91584
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	91585
Revised Code and shall prescribe a reasonable schedule of	91586
application filing fees structured in the manner of the schedule	91587
of filing fees required for major utility facilities.	91588

(2) Additionally, the rules shall prescribe reasonable	91589
regulations regarding any wind turbines and associated facilities	91590
of an economically significant wind farm, including, but not	91591
limited to, their location, erection, construction,	91592
reconstruction, change, alteration, maintenance, removal, use, or	91593
enlargement and including erosion control, aesthetics,	91594
recreational land use, wildlife protection, interconnection with	91595
power lines and with regional transmission organizations,	91596
independent transmission system operators, or similar	91597
organizations, ice throw, sound and noise levels, blade shear,	91598
shadow flicker, decommissioning, and necessary cooperation for	91599
site visits and enforcement investigations. The rules also shall	91600
prescribe a minimum setback for a wind turbine of an economically	91601
significant wind farm. That minimum shall be equal to a horizontal	91602
distance, from the turbine's base to the property line of the wind	91603
farm property, equal to one and one-tenth times the total height	91604
of the turbine structure as measured from its base to the tip of	91605
its highest blade and be at least ~~seven~~one thousand two hundred	91606
fifty feet in horizontal distance from the tip of the turbine's	91607
nearest blade at ninety degrees to the exterior of the nearest,	91608
habitable, residential structure, if any, located on adjacent	91609
property at the time of the certification application. For a	91610
certification application filed before the effective date of the	91611
amendment of this section, including any amendment of that	91612
application filed on or after that effective date, the distance	91613
shall be seven hundred fifty feet instead of one thousand two	91614
hundred fifty feet. The setback shall apply in all cases except	91615
those in which all owners of property adjacent to the wind farm	91616
property waive application of the setback to that property	91617
pursuant to a procedure the board shall establish by rule and	91618
except in which, in a particular case, the board determines that a	91619
setback greater than the minimum is necessary.	91620

Sec. 5101.01. (A) As used in the Revised Code, the	91621
"department of public welfare" and the "department of human	91622
services" mean the department of job and family services and the	91623
"director of public welfare" and the "director of human services"	91624
mean the director of job and family services. ~~Whenever~~Except as	91625
provided in section 5160.011 of the Revised Code, whenever the	91626
department or director of public welfare or the department or	91627
director of human services is referred to or designated in any	91628
statute, rule, contract, grant, or other document, the reference	91629
or designation shall be deemed to refer to the department or	91630
director of job and family services, as the case may be.	91631

(B) As used in this chapter:

91632

(1) References to a county department of job and family	91633
services include a joint county department of job and family	91634
services established under section 329.40 of the Revised Code.	91635

(2) References to a board of county commissioners include the	91636
board of directors of a joint county department of job and family	91637
services established under section 329.40 of the Revised Code.	91638

Sec. 5101.101. (A) This section establishes the order of	91639
priority to be followed by the department of job and family	91640
services when distributing funds for the purpose of providing	91641
family planning services, including funds the department receives	91642
through Title XX of the "Social Security Act," 88 Stat. 2337	91643
(1974), 42 U.S.C. 1397, as amended, and funds the department	91644
receives through Title IV-A of the "Social Security Act," 110	91645
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	91646
purposes of providing Title XX social services. This section does	91647
not apply to payments made under the medicaid program.	91648

(B) With respect to each period during which funds from a	91649
particular source are distributed for the purpose of providing	91650
family planning services, the department is subject to both of the	91651
following when distributing the funds to applicants seeking those	91652
funds:	91653

(1) Foremost priority shall be given to public entities that	91654
are operated by state or local government entities and that	91655
provide or are able to provide family planning services.	91656

(2) If any funds remain after the department distributes	91657
funds to public entities under division (B)(1) of this section,	91658
the department may distribute funds to nonpublic entities. If	91659
funds are distributed to nonpublic entities, the department shall	91660
distribute the funds in the following order of descending	91661
priority:	91662

(a) Nonpublic entities that are federally qualified health	91663
centers or federally qualified health center look-alikes, both as	91664
defined in section 3701.047 of the Revised Code, or community	91665
action agencies, as defined in section 122.66 of the Revised Code;	91666

(b) Nonpublic entities that provide comprehensive primary and	91667
preventive care services in addition to family planning services;	91668

(c) Nonpublic entities that provide family planning services,	91669
but do not provide comprehensive primary and preventive care	91670
services.	91671

Sec. 5101.11. ~~This section does not apply to contracts~~	91672
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	91673

(A) As used in this section:

91674

(1) "Entity" includes an agency, board, commission, or	91675
department of the state or a political subdivision of the state; a	91676
private, nonprofit entity; a school district; a private school; or	91677
a public or private institution of higher education.	91678

(2) "Federal financial participation" means the federal	91679
government's share of expenditures made by an entity in	91680
implementing a program administered by the department of job and	91681
family services.	91682

(B) At the request of any public entity having authority to	91683
implement a program administered by the department of job and	91684
family services or any private entity under contract with a public	91685
entity to implement a program administered by the department, the	91686
department may seek to obtain federal financial participation for	91687
costs incurred by the entity. Federal financial participation may	91688
be sought from programs operated pursuant to Title IV-A,of the	91689
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	91690
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	91691
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	91692
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	91693
under which federal financial participation may be available,	91694
except that federal financial participation may be sought only for	91695
expenditures made with funds for which federal financial	91696
participation is available under federal law.	91697

(C) All funds collected by the department ~~of job and family~~	91698
~~services~~ pursuant to division (B) of this section shall be	91699
distributed to the entities that incurred the costs, except for	91700
any amounts retained by the department pursuant to division (D)(3)	91701
of this section.	91702

(D) In distributing federal financial participation pursuant	91703
to this section, the department may either enter into an agreement	91704
with the entity that is to receive the funds or distribute the	91705
funds in accordance with rules adopted under division (F) of this	91706
section. If the department decides to enter into an agreement to	91707
distribute the funds, the agreement may include terms that do any	91708
of the following:	91709

(1) Provide for the whole or partial reimbursement of any	91710
cost incurred by the entity in implementing the program;	91711

(2) In the event that federal financial participation is	91712
disallowed or otherwise unavailable for any expenditure, require	91713
the department ~~of job and family services~~ or the entity, whichever	91714
party caused the disallowance or unavailability of federal	91715
financial participation, to assume responsibility for the	91716
expenditures;	91717

(3) Permit the department to retain not more than five per	91718
cent of the amount of the federal financial participation to be	91719
distributed to the entity;	91720

(4) Require the public entity to certify the availability of	91721
sufficient unencumbered funds to match the federal financial	91722
participation it receives under this section;	91723

(5) Establish the length of the agreement, which may be for a	91724
fixed or a continuing period of time;	91725

(6) Establish any other requirements determined by the	91726
department to be necessary for the efficient administration of the	91727
agreement.	91728

(E) An entity that receives federal financial participation	91729
pursuant to this section for a program aiding children and their	91730
families shall establish a process for collaborative planning with	91731
the department ~~of job and family services~~ for the use of the funds	91732
to improve and expand the program.	91733

(F) The director of job and family services shall adopt rules	91734
as necessary to implement this section, including rules for the	91735
distribution of federal financial participation pursuant to this	91736
section. The rules shall be adopted in accordance with Chapter	91737
119. of the Revised Code. The director may adopt or amend any	91738
statewide plan required by the federal government for a program	91739
administered by the department, as necessary to implement this	91740
section.	91741

(G) Federal financial participation received pursuant to this	91742
section shall not be included in any calculation made under	91743
section 5101.16 or 5101.161 of the Revised Code.	91744

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	91745
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	91746
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	91747

(B) The department of job and family services shall act as	91748
the single state agency to administer federal payments for foster	91749
care and adoption assistance made pursuant to Title IV-E. The	91750
director of job and family services shall adopt rules to implement	91751
this authority. Rules governing financial and administrative	91752
requirements applicable to public children services agencies and	91753
government entities that provide Title IV-E reimbursable placement	91754
services to children shall be adopted in accordance with section	91755
111.15 of the Revised Code, as if they were internal management	91756
rules. Rules governing requirements applicable to private child	91757
placing agencies and private noncustodial agencies and rules	91758
establishing eligibility, program participation, and other	91759
requirements concerning Title IV-E shall be adopted in accordance	91760
with Chapter 119. of the Revised Code. A public children services	91761
agency to which the department distributes Title IV-E funds shall	91762
administer the funds in accordance with those rules.	91763

(C)(1) The county, on behalf of each child eligible for	91764
foster care maintenance payments under Title IV-E, shall make	91765
payments to cover the cost of providing all of the following:	91766

(a) The child's food, clothing, shelter, daily supervision,	91767
and school supplies;	91768

(b) The child's personal incidentals;

91769

91770

(2) In addition to payments made under division (C)(1) of	91771
this section, the county may, on behalf of each child eligible for	91772
foster care maintenance payments under Title IV-E, make payments	91773
to cover the cost of providing the following:	91774

(a) Liability insurance with respect to the child;

91775

(b) If the county is participating in the demonstration	91776
project established under division (A) of section 5101.142 of the	91777
Revised Code, services provided under the project.	91778

(3) With respect to a child who is in a child-care	91779
institution, including any type of group home designed for the	91780
care of children or any privately operated program consisting of	91781
two or more certified foster homes operated by a common	91782
administrative unit, the foster care maintenance payments made by	91783
the county on behalf of the child shall include the reasonable	91784
cost of the administration and operation of the institution, group	91785
home, or program, as necessary to provide the items described in	91786
divisions (C)(1) and (2) of this section.	91787

(D) To the extent that either foster care maintenance	91788
payments under division (C) of this section or Title IV-E adoption	91789
assistance payments for maintenance costs require the expenditure	91790
of county funds, the board of county commissioners shall report	91791
the nature and amount of each expenditure of county funds to the	91792
department.	91793

(E) The department shall distribute to public children	91794
services agencies that incur and report expenditures of the type	91795
described in division (D) of this section federal financial	91796
participation received for administrative and training costs	91797
incurred in the operation of foster care maintenance and adoption	91798
assistance programs. The department may withhold not more than	91799
three per cent of the federal financial participation received.	91800
The funds withheld may be used only to fund the following:	91801

(1) The Ohio child welfare training program established under	91802
section 5103.30 of the Revised Code;	91803

(2) The university partnership program for college and	91804
university students majoring in social work who have committed to	91805
work for a public children services agency upon graduation;	91806

(3) Efforts supporting organizational excellence, including	91807
voluntary activities to be accredited by a nationally recognized	91808
accreditation organization.	91809

The funds withheld shall be in addition to any administration	91810
and training cost for which the department is reimbursed through	91811
its own cost allocation plan.	91812

(F) All federal financial participation funds received by a	91813
county pursuant to this section shall be deposited into the	91814
county's children services fund created pursuant to section	91815
5101.144 of the Revised Code.	91816

(G) The department shall periodically publish and distribute	91817
the maximum amounts that the department will reimburse public	91818
children services agencies for making payments on behalf of	91819
children eligible for foster care maintenance payments.	91820

(H) The department, by and through its director, is hereby	91821
authorized to develop, participate in the development of,	91822
negotiate, and enter into one or more interstate compacts on	91823
behalf of this state with agencies of any other states, for the	91824
provision of ~~medical assistance and other~~ social services to	91825
children in relation to whom all of the following apply:	91826

(1) They have special needs.

91827

(2) This state or another state that is a party to the	91828
interstate compact is providing adoption assistance on their	91829
behalf.	91830

(3) They move into this state from another state or move out	91831
of this state to another state.	91832

Sec. 5101.16. (A) As used in this section and sections	91833
5101.161 and 5101.162 of the Revised Code:	91834

(1) "Disability financial assistance" means the financial	91835
assistance program established under Chapter 5115. of the Revised	91836
Code.	91837

(2) "Supplemental nutrition assistance program" means the	91838
program administered by the department of job and family services	91839
pursuant to section 5101.54 of the Revised Code.	91840

(3) ~~"Medicaid" means the medical assistance program~~	91841
~~established by Chapter 5111. of the Revised Code, excluding~~	91842
~~transportation services provided under that chapter.~~	91843

~~(4)~~ "Ohio works first" means the program established by	91844
Chapter 5107. of the Revised Code.	91845

~~(5)~~(4) "Prevention, retention, and contingency" means the	91846
program established by Chapter 5108. of the Revised Code.	91847

~~(6)~~(5) "Public assistance expenditures" means expenditures	91848
for all of the following:	91849

(a) Ohio works first;

91850

(b) County administration of Ohio works first;

91851

91852

(d) County administration of prevention, retention, and	91853
contingency;	91854

(e) Disability financial assistance;

91855

(f) County administration of disability financial assistance;

91856

(g) County administration of the supplemental nutrition	91857
assistance program;	91858

(h) County administration of medicaid, excluding	91859
administrative expenditures for transportation services covered by	91860
the medicaid program.	91861

(7) "Title IV-A program" has the same meaning as in section	91862
5101.80 of the Revised Code.	91863

(B) Each board of county commissioners shall pay the county	91864
share of public assistance expenditures in accordance with section	91865
5101.161 of the Revised Code. Except as provided in division (C)	91866
of this section, a county's share of public assistance	91867
expenditures is the sum of all of the following for state fiscal	91868
year 1998 and each state fiscal year thereafter:	91869

(1) The amount that is twenty-five per cent of the county's	91870
total expenditures for disability financial assistance and county	91871
administration of that program during the state fiscal year ending	91872
in the previous calendar year that the department of job and	91873
family services determines are allowable.	91874

(2) The amount that is ten per cent, or other percentage	91875
determined under division (D) of this section, of the county's	91876
total expenditures for county administration of the supplemental	91877
nutrition assistance program and medicaid (excluding	91878
administrative expenditures for transportation services covered by	91879
the medicaid program) during the state fiscal year ending in the	91880
previous calendar year that the department determines are	91881
allowable, less the amount of federal reimbursement credited to	91882
the county under division (E) of this section for the state fiscal	91883
year ending in the previous calendar year;	91884

(3) A percentage of the actual amount of the county share of	91885
program and administrative expenditures during federal fiscal year	91886
1994 for assistance and services, other than child care, provided	91887
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	91888
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	91889
enactment of the "Personal Responsibility and Work Opportunity	91890
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	91891
and family services shall determine the actual amount of the	91892
county share from expenditure reports submitted to the United	91893
States department of health and human services. The percentage	91894
shall be the percentage established in rules adopted under	91895
division (F) of this section.	91896

(C)(1) If a county's share of public assistance expenditures	91897
determined under division (B) of this section for a state fiscal	91898
year exceeds one hundred five per cent of the county's share for	91899
those expenditures for the immediately preceding state fiscal	91900
year, the department of job and family services shall reduce the	91901
county's share for expenditures under divisions (B)(1) and (2) of	91902
this section so that the total of the county's share for	91903
expenditures under division (B) of this section equals one hundred	91904
five per cent of the county's share of those expenditures for the	91905
immediately preceding state fiscal year.	91906

(2) A county's share of public assistance expenditures	91907
determined under division (B) of this section may be increased	91908
pursuant to section 5101.163 of the Revised Code and a sanction	91909
under section 5101.24 of the Revised Code. An increase made	91910
pursuant to section 5101.163 of the Revised Code may cause the	91911
county's share to exceed the limit established by division (C)(1)	91912
of this section.	91913

(D)(1) If the per capita tax duplicate of a county is less	91914
than the per capita tax duplicate of the state as a whole and	91915
division (D)(2) of this section does not apply to the county, the	91916
percentage to be used for the purpose of division (B)(2) of this	91917
section is the product of ten multiplied by a fraction of which	91918
the numerator is the per capita tax duplicate of the county and	91919
the denominator is the per capita tax duplicate of the state as a	91920
whole. The department of job and family services shall compute the	91921
per capita tax duplicate for the state and for each county by	91922
dividing the tax duplicate for the most recent available year by	91923
the current estimate of population prepared by the ~~department of~~	91924
development services agency.	91925

(2) If the percentage of families in a county with an annual	91926
income of less than three thousand dollars is greater than the	91927
percentage of such families in the state and division (D)(1) of	91928
this section does not apply to the county, the percentage to be	91929
used for the purpose of division (B)(2) of this section is the	91930
product of ten multiplied by a fraction of which the numerator is	91931
the percentage of families in the state with an annual income of	91932
less than three thousand dollars a year and the denominator is the	91933
percentage of such families in the county. The department of job	91934
and family services shall compute the percentage of families with	91935
an annual income of less than three thousand dollars for the state	91936
and for each county by multiplying the most recent estimate of	91937
such families published by the ~~department of~~ development services	91938
agency, by a fraction, the numerator of which is the estimate of	91939
average annual personal income published by the bureau of economic	91940
analysis of the United States department of commerce for the year	91941
on which the census estimate is based and the denominator of which	91942
is the most recent such estimate published by the bureau.	91943

(3) If the per capita tax duplicate of a county is less than	91944
the per capita tax duplicate of the state as a whole and the	91945
percentage of families in the county with an annual income of less	91946
than three thousand dollars is greater than the percentage of such	91947
families in the state, the percentage to be used for the purpose	91948
of division (B)(2) of this section shall be determined as follows:	91949

(a) Multiply ten by the fraction determined under division	91950
(D)(1) of this section;	91951

(b) Multiply the product determined under division (D)(3)(a)	91952
of this section by the fraction determined under division (D)(2)	91953
of this section.	91954

(4) The department of job and family services shall	91955
determine, for each county, the percentage to be used for the	91956
purpose of division (B)(2) of this section not later than the	91957
first day of July of the year preceding the state fiscal year for	91958
which the percentage is used.	91959

(E) The department of job and family services shall credit to	91960
a county the amount of federal reimbursement the department	91961
receives from the United States departments of agriculture and	91962
health and human services for the county's expenditures for	91963
administration of the supplemental nutrition assistance program	91964
and medicaid (excluding administrative expenditures for	91965
transportation services covered by the medicaid program) that the	91966
department determines are allowable administrative expenditures.	91967

(F)(1) The director of job and family services shall adopt	91968
rules in accordance with section 111.15 of the Revised Code to	91969
establish all of the following:	91970

(a) The method the department is to use to change a county's	91971
share of public assistance expenditures determined under division	91972
(B) of this section as provided in division (C) of this section;	91973

(b) The allocation methodology and formula the department	91974
will use to determine the amount of funds to credit to a county	91975
under this section;	91976

(c) The method the department will use to change the payment	91977
of the county share of public assistance expenditures from a	91978
calendar-year basis to a state fiscal year basis;	91979

(d) The percentage to be used for the purpose of division	91980
(B)(3) of this section, which shall, except as provided in section	91981
5101.163 of the Revised Code, meet both of the following	91982
requirements:	91983

(i) The percentage shall not be less than seventy-five per	91984
cent nor more than eighty-two per cent;	91985

(ii) The percentage shall not exceed the percentage that the	91986
state's qualified state expenditures is of the state's historic	91987
state expenditures as those terms are defined in 42 U.S.C.	91988
609(a)(7).	91989

(e) Other procedures and requirements necessary to implement	91990
this section.	91991

(2) The director of job and family services may amend the	91992
rule adopted under division (F)(1)(d) of this section to modify	91993
the percentage on determination that the amount the general	91994
assembly appropriates for Title IV-A programs makes the	91995
modification necessary. The rule shall be adopted and amended as	91996
if an internal management rule and in consultation with the	91997
director of budget and management.	91998

Sec. 5101.162. Subject to available federal funds and	91999
appropriations made by the general assembly, the department of job	92000
and family services may, at its sole discretion, use available	92001
federal funds to reimburse county expenditures for county	92002
administration of the supplemental nutrition assistance program or	92003
medicaid (excluding administrative expenditures for transportation	92004
services covered by the medicaid program) even though the county	92005
expenditures meet or exceed the maximum allowable reimbursement	92006
amount established by rules adopted under section 5101.161 of the	92007
Revised Code. The director of job and family services may adopt	92008
internal management rules in accordance with section 111.15 of the	92009
Revised Code to implement this section.	92010

Sec. 5101.18. ~~(A)~~ When the director of job and family	92011
services adopts rules under section 5107.05 regarding income	92012
requirements for the Ohio works first program and under section	92013
5115.03 of the Revised Code regarding income and resource	92014
requirements for the disability financial assistance program, the	92015
director shall determine what payments shall be regarded or	92016
disregarded. In making this determination, the director shall	92017
consider:	92018

~~(1)~~(A) The source of the payment;

92019

~~(2)~~(B) The amount of the payment;

92020

~~(3)~~(C) The purpose for which the payment was made;

92021

~~(4)~~(D) Whether regarding the payment as income would be in	92022
the public interest;	92023

~~(5)~~(E) Whether treating the payment as income would be	92024
detrimental to any of the programs administered in whole or in	92025
part by the department of job and family services and whether such	92026
determination would jeopardize the receipt of any federal grant or	92027
payment by the state or any receipt of aid under Chapter 5107. of	92028
the Revised Code.	92029

~~(B) Any recipient of aid under Title XVI of the "Social~~	92030
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	92031
~~whose money payment is discontinued as the result of a general~~	92032
~~increase in old-age, survivors, and disability insurance benefits~~	92033
~~under such act, shall remain a recipient for the purpose of~~	92034
~~receiving medical assistance through the medical assistance~~	92035
~~program established under section 5111.01 of the Revised Code.~~	92036

Sec. 5101.181. (A) As used in this section and section	92037
5101.182 of the Revised Code:	92038

~~(1) "Public~~, "public assistance" means any or all of the	92039
following:	92040

~~(a)~~(1) Ohio works first;

92041

~~(b)~~(2) Prevention, retention, and contingency;

92042

~~(c)~~(3) Disability financial assistance;

92043

~~(d)~~(4) General assistance provided prior to July 17, 1995,	92044
under former Chapter 5113. of the Revised Code.	92045

~~(2) "Medical assistance" means medical assistance provided~~	92046
~~pursuant to, or under programs established by, section 5101.49,~~	92047
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	92048
~~provision of the Revised Code.~~	92049

(B) As part of the procedure for the determination of	92050
overpayment to a recipient of public assistance under Chapter	92051
5107., 5108., or 5115. of the Revised Code, the director of job	92052
and family services may furnish quarterly the name and social	92053
security number of each individual who receives public assistance	92054
to the director of administrative services, the administrator of	92055
the bureau of workers' compensation, and each of the state's	92056
retirement boards. Within fourteen days after receiving the name	92057
and social security number of an individual who receives public	92058
assistance, the director of administrative services,	92059
administrator, or board shall inform the auditor of state as to	92060
whether such individual is receiving wages or benefits, the amount	92061
of any wages or benefits being received, the social security	92062
number, and the address of the individual. The director of	92063
administrative services, administrator, boards, and any agent or	92064
employee of those officials and boards shall comply with the rules	92065
of the director of job and family services restricting the	92066
disclosure of information regarding recipients of public	92067
assistance. Any person who violates this provision shall	92068
thereafter be disqualified from acting as an agent or employee or	92069
in any other capacity under appointment or employment of any state	92070
board, commission, or agency.	92071

(C) The auditor of state may enter into a reciprocal	92072
agreement with the director of job and family services or	92073
comparable officer of any other state for the exchange of names,	92074
current or most recent addresses, or social security numbers of	92075
persons receiving public assistance under Title IV-A of the	92076
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	92077
~~amended~~601 et seq.	92078

(D) The auditor of state shall retain, for not less than two	92079
years, at least one copy of all information received under this	92080
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	92081
5101.182, and 5505.04 of the Revised Code.	92082

(E) ~~On the request of the director of job and family~~	92083
~~services, the auditor of state may conduct an audit of an~~	92084
~~individual who receives medical assistance. If the auditor decides~~	92085
~~to conduct an audit, the auditor shall enter into an interagency~~	92086
~~agreement with the department of~~ ~~job and family services~~ that	92087
specifies that the auditor agrees to comply with section 5101.271	92088
of the Revised Code with respect to any information the auditor	92089
receives pursuant to the audit.	92090

~~(F)~~ The auditor shall review the information described in	92091
division (D) of this section to determine whether overpayments	92092
were made to recipients of public assistance under Chapters 5107.,	92093
5108., and 5115. of the Revised Code. The auditor of state shall	92094
initiate action leading to prosecution, where warranted, of	92095
recipients who received overpayments by forwarding the name of	92096
each recipient who received overpayment, together with other	92097
pertinent information, to the director of job and family services,	92098
the attorney general, and the county director of job and family	92099
services and county prosecutor of the county through which public	92100
assistance was received.	92101

~~(G)~~(F) The auditor of state and the attorney general or their	92102
designees may examine any records, whether in computer or printed	92103
format, in the possession of the director of job and family	92104
services or any county director of job and family services. They	92105
shall provide safeguards which restrict access to such records to	92106
purposes directly connected with an audit or investigation,	92107
prosecution, or criminal or civil proceeding conducted in	92108
connection with the administration of the programs and shall	92109
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	92110
Code and ~~adopts~~ rules ofadopted by the director of job and family	92111
services restricting the disclosure of information regarding	92112
recipients of public assistance ~~or medical assistance~~. Any person	92113
who violates this provision shall thereafter be disqualified from	92114
acting as an agent or employee or in any other capacity under	92115
appointment or employment of any state board, commission, or	92116
agency.	92117

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	92118
the auditor of state's duties under this section shall be borne by	92119
the auditor of state.	92120

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	92121
~~the Revised Code, the~~The director of job and family services, in	92122
accordance with section 111.15 of the Revised Code, may adopt	92123
rules under which county family services agencies shall take	92124
action to recover the cost of the following benefits and services	92125
available under programs administered by the department of job and	92126
family services:	92127

(1) Benefits or services provided to any of the following:

92128

(a) Persons who were not eligible for the benefits or	92129
services but who secured the benefits or services through fraud or	92130
misrepresentation;	92131

(b) Persons who were eligible for the benefits or services	92132
but who intentionally diverted the benefits or services to other	92133
persons who were not eligible for the benefits or services.	92134

(2) Any benefits or services provided by a county family	92135
services agency for which recovery is required or permitted by	92136
federal law for the federal programs administered by the agency.	92137

(B) A county family services agency may bring a civil action	92138
against a recipient of benefits or services to recover any costs	92139
described in division (A) of this section.	92140

(C) A county family services agency shall retain any money it	92141
recovers under division (A) of this section and shall use the	92142
money to meet a family services duty, except that, if federal law	92143
requires the department of job and family services to return any	92144
portion of the money so recovered to the federal government, the	92145
county family services agency shall pay that portion to the	92146
department of job and family services.	92147

Sec. 5101.184. (A) The director of job and family services	92148
shall work with the tax commissioner to collect overpayments of	92149
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	92150
5113., or section 5101.54 of the Revised Code from refunds of	92151
state income taxes for taxable year 1992 and thereafter that are	92152
payable to the recipients of such overpayments.	92153

Any overpayment of assistance, whether obtained by fraud or	92154
misrepresentation, as the result of an error by the recipient or	92155
by the agency making the payment, or in any other manner, may be	92156
collected under this section. Any reduction under section 5747.12	92157
or 5747.121 of the Revised Code to an income tax refund shall be	92158
made before a reduction under this section. No reduction shall be	92159
made under this section if the amount of the refund is less than	92160
twenty-five dollars after any reduction under section 5747.12 of	92161
the Revised Code. A reduction under this section shall be made	92162
before any part of the refund is contributed under section	92163
5747.113 of the Revised Code, or is credited under section 5747.12	92164
of the Revised Code against tax due in any subsequent year.	92165

The director and the tax commissioner, by rules adopted in	92166
accordance with Chapter 119. of the Revised Code, shall establish	92167
procedures to implement this division. The procedures shall	92168
provide for notice to a recipient of assistance and an opportunity	92169
for the recipient to be heard before the recipient's income tax	92170
refund is reduced.	92171

(B) The director of job and family services may enter into	92172
agreements with the federal government to collect overpayments of	92173
assistance from refunds of federal income taxes that are payable	92174
to recipients of the overpayments.	92175

Sec. 5101.26. As used in this section and in sections	92176
5101.27 to 5101.30 of the Revised Code:	92177

(A) "County agency" means a county department of job and	92178
family services or a public children services agency.	92179

(B) "Fugitive felon" means an individual who is fleeing to	92180
avoid prosecution, or custody or confinement after conviction,	92181
under the laws of the place from which the individual is fleeing,	92182
for a crime or an attempt to commit a crime that is a felony under	92183
the laws of the place from which the individual is fleeing or, in	92184
the case of New Jersey, a high misdemeanor, regardless of whether	92185
the individual has departed from the individual's usual place of	92186
residence.	92187

(C) "Information" means records as defined in section 149.011	92188
of the Revised Code, any other documents in any format, and data	92189
derived from records and documents that are generated, acquired,	92190
or maintained by the department of job and family services, a	92191
county agency, or an entity performing duties on behalf of the	92192
department or a county agency.	92193

(D) "Law enforcement agency" means the state highway patrol,	92194
an agency that employs peace officers as defined in section 109.71	92195
of the Revised Code, the adult parole authority, a county	92196
department of probation, a prosecuting attorney, the attorney	92197
general, similar agencies of other states, federal law enforcement	92198
agencies, and postal inspectors. "Law enforcement agency" includes	92199
the peace officers and other law enforcement officers employed by	92200
the agency.	92201

(E) ~~"Medical assistance" means medical assistance provided~~	92202
~~pursuant to, or under programs established by, section 5101.49,~~	92203
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	92204
~~provision of the Revised Code.~~	92205

~~(F) "Medical assistance recipient" means an applicant for or~~	92206
~~recipient or former recipient of medical assistance.~~	92207

~~(G)~~ "Public assistance" means financial assistance or social	92208
services that are ~~not medical assistance~~ provided under a program	92209
administered by the department of job and family services or a	92210
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	92211
5108., or 5115. of the Revised Code or an executive order issued	92212
under section 107.17 of the Revised Code. "Public assistance" does	92213
not mean medical assistance provided under a medical assistance	92214
program, as defined in section 5160.01 of the Revised Code.	92215

~~(H)~~(F) "Public assistance recipient" means an applicant for	92216
or recipient or former recipient of public assistance.	92217

Sec. 5101.272. (A) For the purposes of ~~sections~~section	92218
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	92219
be made on a form that uses language understandable to the average	92220
person and contains all of the following:	92221

(1) A description of the information to be used or disclosed	92222
that identifies the information in a specific and meaningful	92223
fashion;	92224

(2) The name or other specific identification of the person	92225
or class of persons authorized to make the requested use or	92226
disclosure;	92227

(3) The name or other specific identification of the person	92228
or governmental entity to which the information may be released;	92229

(4) A description of each purpose of the requested use or	92230
disclosure of the information;	92231

(5) The date on which the authorization expires or an event	92232
related either to the individual who is the subject of the request	92233
or to the purposes of the requested use or disclosure, the	92234
occurrence of which will cause the authorization to expire;	92235

(6) A statement that the information used or disclosed	92236
pursuant to the authorization may be disclosed by the recipient of	92237
the information and may no longer be protected from disclosure;	92238

(7) The signature of the individual or the individual's	92239
authorized representative and the date on which the authorization	92240
was signed;	92241

(8) If signed by an authorized representative, a description	92242
of the representative's authority to act for the individual;	92243

(9) A statement of the individual or authorized	92244
representative's right to prospectively revoke the written	92245
authorization in writing, along with one of the following:	92246

(a) A description of how the individual or authorized	92247
representative may revoke the authorization;	92248

(b) If the department of job and family services' privacy	92249
notice contains a description of how the individual or authorized	92250
representative may revoke the authorization, a reference to that	92251
privacy notice.	92252

(10) A statement that treatment, payment, enrollment, or	92253
eligibility for public assistance ~~or medical assistance~~ cannot be	92254
conditioned on signing the authorization unless the authorization	92255
is necessary for determining eligibility for the public assistance	92256
~~or medical assistance~~ program.	92257

(B) ~~An authorization for the release of information regarding~~	92258
~~a medical assistance recipient to the recipient's attorney under~~	92259
~~division (C)(3) of section 5101.271 of the Revised Code may~~	92260
~~include a provision specifically authorizing the release of the~~	92261
~~recipient's electronic health records, if any, in accordance with~~	92262
~~rules the director of job and family services adopts under section~~	92263
~~5101.30 of the Revised Code.~~	92264

~~(C)~~ When an individual requests information pursuant to	92265
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	92266
individual's receipt of public assistance ~~or medical assistance~~	92267
and does not wish to provide a statement of purpose, the statement	92268
"at request of the individual" is a sufficient description for	92269
purposes of division (A)(4) of this section.	92270

Sec. 5101.273. The department of job and family services	92271
shall enter into any necessary agreements with the United States	92272
department of health and human services and neighboring states to	92273
join and participate as an active member in the public assistance	92274
reporting information system. The department may disclose	92275
information regarding a public assistance recipient ~~or medical~~	92276
~~assistance recipient~~ to the extent necessary to participate as an	92277
active member in the public assistance reporting information	92278
system.	92279

Sec. 5101.30. (A) The director of job and family services	92280
shall adopt rules in accordance with Chapter 119. of the Revised	92281
Code implementing sections 5101.26 to 5101.30 of the Revised Code	92282
and governing the custody, use, disclosure, and preservation of	92283
the information generated or received by the department of job and	92284
family services, county agencies, other state and county entities,	92285
contractors, grantees, private entities, or officials	92286
participating in the administration of public assistance or	92287
~~medical assistance~~ programs. The rules shall comply with	92288
applicable federal statutes and regulations.	92289

(1) The rules shall specify conditions and procedures for the	92290
release of information which may include, among other conditions	92291
and procedures, both of the following:	92292

(a) Permitting providers of services or assistance under	92293
public assistance programs limited access to information that is	92294
essential for the providers to render services or assistance or to	92295
bill for services or assistance rendered. The department of aging,	92296
when investigating a complaint under section 173.20 of the Revised	92297
Code, shall be granted any limited access permitted in the rules	92298
pursuant to division (A)(1) of this section.	92299

(b) Permitting a contractor, grantee, or other state or	92300
county entity limited access to information that is essential for	92301
the contractor, grantee, or entity to perform administrative or	92302
other duties on behalf of the department or county agency. A	92303
contractor, grantee, or entity given access to information	92304
pursuant to division (A)(2) of this section is bound by the	92305
director's rules, and disclosure of the information by the	92306
contractor, grantee, or entity in a manner not authorized by the	92307
rules is a violation of section 5101.27 of the Revised Code.	92308

(2) The rules may define who is an "authorized	92309
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	92310
5101.272 of the Revised Code.	92311

(B) Whenever names, addresses, or other information relating	92312
to public assistance recipients is held by any agency other than	92313
the department or a county agency, that other agency shall adopt	92314
rules consistent with sections 5101.26 to 5101.30 of the Revised	92315
Code to prevent the publication or disclosure of names, lists, or	92316
other information concerning those recipients.	92317

Sec. 5101.34. (A) There is hereby created in the department	92318
of job and family services the Ohio commission on fatherhood. The	92319
commission shall consist of the following members:	92320

(1)(a) Four members of the house of representatives appointed	92321
by the speaker of the house, not more than two of whom are members	92322
of the same political party. Two of the members must be from	92323
legislative districts that include a county or part of a county	92324
that is among the one-third of counties in this state with the	92325
highest number per capita of households headed by females.	92326

(b) Two members of the senate appointed by the president of	92327
the senate, each from a different political party. One of the	92328
members must be from a legislative district that includes a county	92329
or part of a county that is among the one-third of counties in	92330
this state with the highest number per capita of households headed	92331
by females.	92332

(2) The governor, or the governor's designee;

92333

(3) One representative of the judicial branch of government	92334
appointed by the chief justice of the supreme court;	92335

(4) The directors of health, job and family services,	92336
rehabilitation and correction, ~~alcohol and drug addiction services~~	92337
mental health and addiction services, and youth services and the	92338
superintendent of public instruction, or their designees;	92339

(5) One representative of the Ohio family and children first	92340
cabinet council created under section 121.37 of the Revised Code	92341
appointed by the chairperson of the council;	92342

(6) Five representatives of the general public appointed by	92343
the governor. These members shall have extensive experience in	92344
issues related to fatherhood.	92345

(B) The appointing authorities of the Ohio commission on	92346
fatherhood shall make initial appointments to the commission	92347
within thirty days after September 29, 1999. Of the initial	92348
appointments to the commission made pursuant to divisions (A)(3),	92349
(5), and (6) of this section, three of the members shall serve a	92350
term of one year and four shall serve a term of two years. Members	92351
so appointed subsequently shall serve two-year terms. A member	92352
appointed pursuant to division (A)(1) of this section shall serve	92353
on the commission until the end of the general assembly from which	92354
the member was appointed or until the member ceases to serve in	92355
the chamber of the general assembly in which the member serves at	92356
the time of appointment, whichever occurs first. The governor or	92357
the governor's designee shall serve on the commission until the	92358
governor ceases to be governor. The directors and superintendent	92359
or their designees shall serve on the commission until they cease,	92360
or the director or superintendent a designee represents ceases, to	92361
be director or superintendent. Each member shall serve on the	92362
commission from the date of appointment until the end of the term	92363
for which the member was appointed. Members may be reappointed.	92364

Vacancies shall be filled in the manner provided for original	92365
appointments. Any member appointed to fill a vacancy occurring	92366
prior to the expiration date of the term for which the member's	92367
predecessor was appointed shall serve on the commission for the	92368
remainder of that term. A member shall continue to serve on the	92369
commission subsequent to the expiration date of the member's term	92370
until the member's successor is appointed or until a period of	92371
sixty days has elapsed, whichever occurs first. Members shall	92372
serve without compensation but shall be reimbursed for necessary	92373
expenses.	92374

Sec. 5101.35. (A) As used in this section:

92375

(1)(a) "Agency" means the following entities that administer	92376
a family services program:	92377

~~(a)~~(i) The department of job and family services;

92378

~~(b)~~(ii) A county department of job and family services;

92379

~~(c)~~(iii) A public children services agency;

92380

~~(d)~~(iv) A private or government entity administering, in	92381
whole or in part, a family services program for or on behalf of	92382
the department of job and family services or a county department	92383
of job and family services or public children services agency.	92384

(b) If the department of medicaid contracts with the	92385
department of job and family services to hear appeals authorized	92386
by section 5160.31 of the Revised Code regarding medical	92387
assistance programs, "agency" includes the department of medicaid.	92388

(2) "Appellant" means an applicant, participant, former	92389
participant, recipient, or former recipient of a family services	92390
program who is entitled by federal or state law to a hearing	92391
regarding a decision or order of the agency that administers the	92392
program.	92393

(3)(a) "Family services program" means ~~assistance provided~~	92394
~~under a~~all of the following:	92395

(i) A Title IV-A program as defined in section 5101.80 of the	92396
Revised Code or;	92397

(ii) Programs that provide assistance under Chapter 5104.,	92398
~~5111.,~~ or 5115. orof the Revised Code;	92399

(iii) Programs that provide assistance under section ~~5119.69,~~	92400
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	92401
5153.165 of the Revised Code,;	92402

(iv) Title XX social services provided under section 5101.46	92403
of the Revised Code, other than ~~assistance~~such services provided	92404
~~under section 5101.46 of the Revised Code~~ by the department of	92405
~~mental health~~mental health and addiction services, the department	92406
of developmental disabilities, a board of alcohol, drug addiction,	92407
and mental health services, or a county board of developmental	92408
disabilities.	92409

(b) If the department of medicaid contracts with the	92410
department of job and family services to hear appeals authorized	92411
by section 5160.31 of the Revised Code regarding medical	92412
assistance programs, "family services program" includes medical	92413
assistance programs.	92414

(4) "Medical assistance program" has the same meaning as in	92415
section 5160.01 of the Revised Code.	92416

(B) Except as provided by divisions (G) and (H) of this	92417
section, an appellant who appeals under federal or state law a	92418
decision or order of an agency administering a family services	92419
program shall, at the appellant's request, be granted a state	92420
hearing by the department of job and family services. This state	92421
hearing shall be conducted in accordance with rules adopted under	92422
this section. The state hearing shall be recorded, but neither the	92423
recording nor a transcript of the recording shall be part of the	92424
official record of the proceeding. AExcept as provided in section	92425
5160.31 of the Revised Code, a state hearing decision is binding	92426
upon the agency and department, unless it is reversed or modified	92427
on appeal to the director of job and family services or a court of	92428
common pleas.	92429

(C) Except as provided by division (G) of this section, an	92430
appellant who disagrees with a state hearing decision may make an	92431
administrative appeal to the director of job and family services	92432
in accordance with rules adopted under this section. This	92433
administrative appeal does not require a hearing, but the director	92434
or the director's designee shall review the state hearing decision	92435
and previous administrative action and may affirm, modify, remand,	92436
or reverse the state hearing decision. An administrative appeal	92437
decision is the final decision of the department and, except as	92438
provided in section 5160.31 of the Revised Code, is binding upon	92439
the department and agency, unless it is reversed or modified on	92440
appeal to the court of common pleas.	92441

(D) An agency shall comply with a decision issued pursuant to	92442
division (B) or (C) of this section within the time limits	92443
established by rules adopted under this section. If a county	92444
department of job and family services or a public children	92445
services agency fails to comply within these time limits, the	92446
department may take action pursuant to section 5101.24 of the	92447
Revised Code. If another agency, other than the department of	92448
medicaid, fails to comply within the time limits, the department	92449
may force compliance by withholding funds due the agency or	92450
imposing another sanction established by rules adopted under this	92451
section.	92452

(E) An appellant who disagrees with an administrative appeal	92453
decision of the director of job and family services or the	92454
director's designee issued under division (C) of this section may	92455
appeal from the decision to the court of common pleas pursuant to	92456
section 119.12 of the Revised Code. The appeal shall be governed	92457
by section 119.12 of the Revised Code except that:	92458

(1) The person may appeal to the court of common pleas of the	92459
county in which the person resides, or to the court of common	92460
pleas of Franklin county if the person does not reside in this	92461
state.	92462

(2) The person may apply to the court for designation as an	92463
indigent and, if the court grants this application, the appellant	92464
shall not be required to furnish the costs of the appeal.	92465

(3) The appellant shall mail the notice of appeal to the	92466
department of job and family services and file notice of appeal	92467
with the court within thirty days after the department mails the	92468
administrative appeal decision to the appellant. For good cause	92469
shown, the court may extend the time for mailing and filing notice	92470
of appeal, but such time shall not exceed six months from the date	92471
the department mails the administrative appeal decision. Filing	92472
notice of appeal with the court shall be the only act necessary to	92473
vest jurisdiction in the court.	92474

(4) The department shall be required to file a transcript of	92475
the testimony of the state hearing with the court only if the	92476
court orders the department to file the transcript. The court	92477
shall make such an order only if it finds that the department and	92478
the appellant are unable to stipulate to the facts of the case and	92479
that the transcript is essential to a determination of the appeal.	92480
The department shall file the transcript not later than thirty	92481
days after the day such an order is issued.	92482

(F) The department of job and family services shall adopt	92483
rules in accordance with Chapter 119. of the Revised Code to	92484
implement this section, including rules governing the following:	92485

(1) State hearings under division (B) of this section. The	92486
rules shall include provisions regarding notice of eligibility	92487
termination and the opportunity of an appellant appealing a	92488
decision or order of a county department of job and family	92489
services to request a county conference with the county department	92490
before the state hearing is held.	92491

(2) Administrative appeals under division (C) of this	92492
section;	92493

(3) Time limits for complying with a decision issued under	92494
division (B) or (C) of this section;	92495

(4) Sanctions that may be applied against an agency under	92496
division (D) of this section.	92497

(G) The department of job and family services may adopt rules	92498
in accordance with Chapter 119. of the Revised Code establishing	92499
an appeals process for an appellant who appeals a decision or	92500
order regarding a Title IV-A program identified under division	92501
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	92502
Revised Code that is different from the appeals process	92503
established by this section. The different appeals process may	92504
include having a state agency that administers the Title IV-A	92505
program pursuant to an interagency agreement entered into under	92506
section 5101.801 of the Revised Code administer the appeals	92507
process.	92508

(H) If an appellant receiving medicaid through a health	92509
insuring corporation that holds a certificate of authority under	92510
Chapter 1751. of the Revised Code is appealing a denial of	92511
medicaid services based on lack of medical necessity or other	92512
clinical issues regarding coverage by the health insuring	92513
corporation, the person hearing the appeal may order an	92514
independent medical review if that person determines that a review	92515
is necessary. The review shall be performed by a health care	92516
professional with appropriate clinical expertise in treating the	92517
recipient's condition or disease. The department shall pay the	92518
costs associated with the review.	92519

A review ordered under this division shall be part of the	92520
record of the hearing and shall be given appropriate evidentiary	92521
consideration by the person hearing the appeal.	92522

(I) The requirements of Chapter 119. of the Revised Code	92523
apply to a state hearing or administrative appeal under this	92524
section only to the extent, if any, specifically provided by rules	92525
adopted under this section.	92526

Sec. 5101.36. Any application for public assistance gives a	92527
right of subrogation to the department of job and family services	92528
for any workers' compensation benefits payable to a person who is	92529
subject to a support order, as defined in section 3119.01 of the	92530
Revised Code, on behalf of the applicant, to the extent of any	92531
public assistance payments made on the applicant's behalf. If the	92532
director of job and family services, in consultation with a child	92533
support enforcement agency and the administrator of the bureau of	92534
workers' compensation, determines that a person responsible for	92535
support payments to a recipient of public assistance is receiving	92536
workers' compensation, the director shall notify the administrator	92537
of the amount of the benefit to be paid to the department of job	92538
and family services.	92539

For purposes of this section, "public assistance" means	92540
~~medical assistance provided through the medical assistance program~~	92541
~~established under section 5111.01 of the Revised Code;~~ Ohio works	92542
first provided under Chapter 5107. of the Revised Code;	92543
prevention, retention, and contingency benefits and services	92544
provided under Chapter 5108. of the Revised Code; or disability	92545
financial assistance provided under Chapter 5115. of the Revised	92546
Code.	92547

Sec. 5101.46. (A) As used in this section:

92548

(1) "Title XX" means Title XX of the "Social Security Act,"	92549
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	92550

(2) "Respective local agency" means, with respect to the	92551
department of job and family services, a county department of job	92552
and family services; with respect to the department of ~~mental~~	92553
~~health~~mental health and addiction services, a board of alcohol,	92554
drug addiction, and mental health services; and with respect to	92555
the department of developmental disabilities, a county board of	92556
developmental disabilities.	92557

(3) "Federal poverty guidelines" means the poverty guidelines	92558
as revised annually by the United States department of health and	92559
human services in accordance with section 673(2) of the "Omnibus	92560
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	92561
9902, as amended, for a family size equal to the size of the	92562
family of the person whose income is being determined.	92563

(B) The departments of job and family services, mental	92564
health, and developmental disabilities, with their respective	92565
local agencies, shall administer the provision of social services	92566
funded through grants made under Title XX. The social services	92567
furnished with Title XX funds shall be directed at the following	92568
goals:	92569

(1) Achieving or maintaining economic self-support to	92570
prevent, reduce, or eliminate dependency;	92571

(2) Achieving or maintaining self-sufficiency, including	92572
reduction or prevention of dependency;	92573

(3) Preventing or remedying neglect, abuse, or exploitation	92574
of children and adults unable to protect their own interests, or	92575
preserving, rehabilitating, or reuniting families;	92576

(4) Preventing or reducing inappropriate institutional care	92577
by providing for community-based care, home-based care, or other	92578
forms of less intensive care;	92579

(5) Securing referral or admission for institutional care	92580
when other forms of care are not appropriate, or providing	92581
services to individuals in institutions.	92582

(C)(1) All federal funds received under Title XX shall be	92583
appropriated as follows:	92584

(a) Seventy-two and one-half per cent to the department of	92585
job and family services;	92586

(b) Twelve and ninety-three one-hundredths per cent to the	92587
department of ~~mental health~~mental health and addiction services;	92588

(c) Fourteen and fifty-seven one-hundredths per cent to the	92589
department of developmental disabilities.	92590

(2) Each of the state departments shall, subject to the	92591
approval of the controlling board, develop a formula for the	92592
distribution of the Title XX funds appropriated to the department	92593
to its respective local agencies. The formula developed by each	92594
state department shall take into account all of the following for	92595
each of its respective local agencies:	92596

(a) The total population of the area that is served by the	92597
respective local agency;	92598

(b) The percentage of the population in the area served that	92599
falls below the federal poverty guidelines;	92600

(c) The respective local agency's history of and ability to	92601
utilize Title XX funds.	92602

(3) Each of the state departments shall expend for state	92603
administrative costs not more than three per cent of the Title XX	92604
funds appropriated to the department.	92605

Each state department shall establish for each of its	92606
respective local agencies the maximum percentage of the Title XX	92607
funds distributed to the respective local agency that the	92608
respective local agency may expend for local administrative costs.	92609
The percentage shall be established by rule and shall comply with	92610
federal law governing the use of Title XX funds. The rules shall	92611
be adopted in accordance with section 111.15 of the Revised Code	92612
as if they were internal management rules.	92613

(4) The department of job and family services shall expend	92614
for the training of the following not more than two per cent of	92615
the Title XX funds appropriated to the department:	92616

(a) Employees of county departments of job and family	92617
services;	92618

(b) Providers of services under contract with the state	92619
departments' respective local agencies;	92620

(c) Employees of a public children services agency directly	92621
engaged in providing Title XX services.	92622

(5) Title XX funds distributed for the purpose of providing	92623
family planning services shall be distributed by the respective	92624
local agencies according to the same order of priority that	92625
applies to the department of job and family services under section	92626
5101.101 of the Revised Code.	92627

(D) The department of job and family services shall prepare	92628
an annual comprehensive Title XX social services plan on the	92629
intended use of Title XX funds. The department shall develop a	92630
method for obtaining public comment during the development of the	92631
plan and following its completion.	92632

For each federal fiscal year, the department of job and	92633
family services shall prepare a report on the actual use of Title	92634
XX funds. The department shall make the annual report available	92635
for public inspection.	92636

The departments of ~~mental health~~mental health and addiction	92637
services and developmental disabilities shall prepare and submit	92638
to the department of job and family services the portions of each	92639
annual plan and report that apply to services for mental health	92640
and mental retardation and developmental disabilities. Each	92641
respective local agency of the three state departments shall	92642
submit information as necessary for the preparation of annual	92643
plans and reports.	92644

(E) Each county department of job and family services shall	92645
adopt a county profile for the administration and provision of	92646
Title XX social services in the county. In developing its county	92647
profile, the county department shall take into consideration the	92648
comments and recommendations received from the public by the	92649
county family services planning committee pursuant to section	92650
329.06 of the Revised Code. As part of its preparation of the	92651
county profile, the county department may prepare a local needs	92652
report analyzing the need for Title XX social services.	92653

The county department shall submit the county profile to the	92654
board of county commissioners for its review. Once the county	92655
profile has been approved by the board, the county department	92656
shall file a copy of the county profile with the department of job	92657
and family services. The department shall approve the county	92658
profile if the department determines the profile provides for the	92659
Title XX social services to meet the goals specified in division	92660
(B) of this section.	92661

(F) Any of the three state departments and their respective	92662
local agencies may require that an entity under contract to	92663
provide social services with Title XX funds submit to an audit on	92664
the basis of alleged misuse or improper accounting of funds. If an	92665
audit is required, the social services provider shall reimburse	92666
the state department or respective local agency for the cost it	92667
incurred in conducting the audit or having the audit conducted.	92668

If an audit demonstrates that a social services provider is	92669
responsible for one or more adverse findings, the provider shall	92670
reimburse the appropriate state department or its respective local	92671
agency the amount of the adverse findings. The amount shall not be	92672
reimbursed with Title XX funds received under this section. The	92673
three state departments and their respective local agencies may	92674
terminate or refuse to enter into a Title XX contract with a	92675
social services provider if there are adverse findings in an audit	92676
that are the responsibility of the provider.	92677

(G) Except with respect to the matters for which each of the	92678
state departments must adopt rules under division (C)(3) of this	92679
section, the department of job and family services may adopt any	92680
rules it considers necessary to implement and carry out the	92681
purposes of this section. Rules governing financial and	92682
operational matters of the department or matters between the	92683
department and county departments of job and family services shall	92684
be adopted as internal management rules in accordance with section	92685
111.15 of the Revised Code. Rules governing eligibility for	92686
services, program participation, and other matters pertaining to	92687
applicants and participants shall be adopted in accordance with	92688
Chapter 119. of the Revised Code.	92689

Sec. 5101.461. (A) As used in this section:

92690

(1) "Title IV-A" means Title IV-A of the "Social Security	92691
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	92692

(2) "Title XX" has the same meaning as in section 5101.46 of	92693
the Revised Code.	92694

(B) To the extent authorized by federal law, the department	92695
of job and family services may use funds received through the	92696
Title IV-A temporary assistance for needy families block grant for	92697
purposes of providing Title XX social services. The amount used	92698
under this section shall not exceed the maximum amount permitted	92699
by federal law. The funds and provision of Title XX social	92700
services with the funds are not subject to section 5101.46 of the	92701
Revised Code.	92702

Funds distributed under this section for the purpose of	92703
providing family planning services shall be distributed by a	92704
county department of job and family services according to the same	92705
order of priority that applies to the department of job and family	92706
services under section 5101.101 of the Revised Code.	92707

(C) The department and any county department of job and	92708
family services may require an entity under contract to provide	92709
Title XX social services with funds used under this section to	92710
submit to an audit on the basis of alleged misuse or improper	92711
accounting of funds. If an audit is required, the social services	92712
provider shall reimburse the state department or county department	92713
for the cost it incurred in conducting the audit or having the	92714
audit conducted.	92715

If an audit demonstrates that a social services provider is	92716
responsible for one or more adverse findings, the provider shall	92717
reimburse the state department or county department the amount of	92718
the adverse findings. The amount shall not be reimbursed with	92719
funds received under this section. The state department and county	92720
departments may terminate or refuse to enter into a contract with	92721
a social services provider to provide services with funds	92722
available pursuant to this section if there are adverse findings	92723
in an audit that are the responsibility of the provider.	92724

(D) The state department of job and family services may adopt	92725
rules to implement and carry out the purposes of this section.	92726
Rules governing financial and operational matters of the	92727
department or matters between the department and county	92728
departments of job and family services shall be adopted as	92729
internal management rules in accordance with section 111.15 of the	92730
Revised Code. Rules governing eligibility for services, program	92731
participation, and other matters pertaining to applicants and	92732
participants shall be adopted in accordance with Chapter 119. of	92733
the Revised Code.	92734

Sec. 5101.47. (A) Except as provided in divisions (B) and	92735
(C) of this section, the department of job and family services may	92736
accept applications, determine eligibility, redetermine	92737
eligibility, and perform related administrative activities for one	92738
or more of the following:	92739

(1) ~~The medicaid program established by Chapter 5111. of the~~	92740
~~Revised Code;~~	92741

~~(2) The children's health insurance program parts I, II, and~~	92742
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	92743
~~Code;~~	92744

~~(3)~~ Publicly funded child care provided under Chapter 5104.	92745
of the Revised Code;	92746

~~(4)~~(2) The supplemental nutrition assistance program	92747
administered by the department pursuant to section 5101.54 of the	92748
Revised Code;	92749

~~(5)~~(3) Other programs administered by the department that the	92750
director of job and family services determines are supportive of	92751
children, adults, or families;	92752

~~(6)~~(4) Other programs administered by the department	92753
regarding which the director determines administrative cost	92754
savings and efficiency may be achieved through the department	92755
accepting applications, determining eligibility, redetermining	92756
eligibility, or performing related administrative activities.	92757

(B) ~~To the extent permitted by federal law, the department~~	92758
~~may enter into agreements with one or more other state agencies,~~	92759
~~local government entities, or political subdivisions to accept~~	92760
~~applications, determine eligibility, redetermine eligibility, and~~	92761
~~perform related administrative activities on behalf of the~~	92762
~~department with respect to the medicaid program and the children's~~	92763
~~health insurance program.~~	92764

~~(C)~~ If federal law requires a face-to-face interview to	92765
complete an eligibility determination for a program specified in	92766
or pursuant to division (A) of this section, the face-to-face	92767
interview shall not be conducted by the department of job and	92768
family services.	92769

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	92770
department elects to accept applications, determine eligibility,	92771
redetermine eligibility, and perform related administrative	92772
activities for a program specified in or pursuant to division (A)	92773
of this section, both of the following apply:	92774

(1) An individual seeking services under the program may	92775
apply for the program to the department or to the entity that	92776
state law governing the program authorizes to accept applications	92777
for the program.	92778

(2) The department is subject to federal statutes and	92779
regulations and state statutes and rules that require, permit, or	92780
prohibit an action regarding accepting applications, determining	92781
or redetermining eligibility, and performing related	92782
administrative activities for the program.	92783

~~(E)~~(D) The director may adopt rules as necessary to implement	92784
this section.	92785

Sec. 5101.49. The department of job and family services	92786
shall administer funds received under the "Refugee Act of 1980,"	92787
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	92788
funds, the department may establish a refugee cash assistance	92789
program and a state legalization impact assistance program. The	92790
director of job and family services may adopt rules in accordance	92791
with section 111.15 of the Revised Code and issue appropriate	92792
orders as necessary for administration of these funds and	92793
programs.	92794

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	92795
Revised Code:	92796

(A) "Abuse" means the infliction upon an adult by self or	92797
others of injury, unreasonable confinement, intimidation, or cruel	92798
punishment with resulting physical harm, pain, or mental anguish.	92799

(B) "Adult" means any person sixty years of age or older	92800
within this state who is handicapped by the infirmities of aging	92801
or who has a physical or mental impairment which prevents the	92802
person from providing for the person's own care or protection, and	92803
who resides in an independent living arrangement. An "independent	92804
living arrangement" is a domicile of a person's own choosing,	92805
including, but not limited to, a private home, apartment, trailer,	92806
or rooming house. An "independent living arrangement" includes a	92807
residential facility licensed under section ~~5119.22~~5119.34 of the	92808
Revised Code that provides accommodations, supervision, and	92809
personal care services for three to sixteen unrelated adults, but	92810
does not include other institutions or facilities licensed by the	92811
state or facilities in which a person resides as a result of	92812
voluntary, civil, or criminal commitment.	92813

(C) "Caretaker" means the person assuming the responsibility	92814
for the care of an adult on a voluntary basis, by contract,	92815
through receipt of payment for care, as a result of a family	92816
relationship, or by order of a court of competent jurisdiction.	92817

(D) "Court" means the probate court in the county where an	92818
adult resides.	92819

(E) "Emergency" means that the adult is living in conditions	92820
which present a substantial risk of immediate and irreparable	92821
physical harm or death to self or any other person.	92822

(F) "Emergency services" means protective services furnished	92823
to an adult in an emergency.	92824

(G) "Exploitation" means the unlawful or improper act of a	92825
caretaker using an adult or an adult's resources for monetary or	92826
personal benefit, profit, or gain.	92827

(H) "In need of protective services" means an adult known or	92828
suspected to be suffering from abuse, neglect, or exploitation to	92829
an extent that either life is endangered or physical harm, mental	92830
anguish, or mental illness results or is likely to result.	92831

(I) "Incapacitated person" means a person who is impaired for	92832
any reason to the extent that the person lacks sufficient	92833
understanding or capacity to make and carry out reasonable	92834
decisions concerning the person's self or resources, with or	92835
without the assistance of a caretaker. Refusal to consent to the	92836
provision of services shall not be the sole determinative that the	92837
person is incapacitated. "Reasonable decisions" are decisions made	92838
in daily living which facilitate the provision of food, shelter,	92839
clothing, and health care necessary for life support.	92840

(J) "Mental illness" means a substantial disorder of thought,	92841
mood, perception, orientation, or memory that grossly impairs	92842
judgment, behavior, capacity to recognize reality, or ability to	92843
meet the ordinary demands of life.	92844

(K) "Neglect" means the failure of an adult to provide for	92845
self the goods or services necessary to avoid physical harm,	92846
mental anguish, or mental illness or the failure of a caretaker to	92847
provide such goods or services.	92848

(L) "Peace officer" means a peace officer as defined in	92849
section 2935.01 of the Revised Code.	92850

(M) "Physical harm" means bodily pain, injury, impairment, or	92851
disease suffered by an adult.	92852

(N) "Protective services" means services provided by the	92853
county department of job and family services or its designated	92854
agency to an adult who has been determined by evaluation to	92855
require such services for the prevention, correction, or	92856
discontinuance of an act of as well as conditions resulting from	92857
abuse, neglect, or exploitation. Protective services may include,	92858
but are not limited to, case work services, medical care, mental	92859
health services, legal services, fiscal management, home health	92860
care, homemaker services, housing-related services, guardianship	92861
services, and placement services as well as the provision of such	92862
commodities as food, clothing, and shelter.	92863

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	92864
and Friday, except when such day is a holiday as defined in	92865
section 1.14 of the Revised Code.	92866

Sec. 5101.61. (A) As used in this section:

92867

(1) "Senior service provider" means any person who provides	92868
care or services to a person who is an adult as defined in	92869
division (B) of section 5101.60 of the Revised Code.	92870

(2) "Ambulatory health facility" means a nonprofit, public or	92871
proprietary freestanding organization or a unit of such an agency	92872
or organization that:	92873

(a) Provides preventive, diagnostic, therapeutic,	92874
rehabilitative, or palliative items or services furnished to an	92875
outpatient or ambulatory patient, by or under the direction of a	92876
physician or dentist in a facility which is not a part of a	92877
hospital, but which is organized and operated to provide medical	92878
care to outpatients;	92879

(b) Has health and medical care policies which are developed	92880
with the advice of, and with the provision of review of such	92881
policies, an advisory committee of professional personnel,	92882
including one or more physicians, one or more dentists, if dental	92883
care is provided, and one or more registered nurses;	92884

(c) Has a medical director, a dental director, if dental care	92885
is provided, and a nursing director responsible for the execution	92886
of such policies, and has physicians, dentists, nursing, and	92887
ancillary staff appropriate to the scope of services provided;	92888

(d) Requires that the health care and medical care of every	92889
patient be under the supervision of a physician, provides for	92890
medical care in a case of emergency, has in effect a written	92891
agreement with one or more hospitals and other centers or clinics,	92892
and has an established patient referral system to other resources,	92893
and a utilization review plan and program;	92894

(e) Maintains clinical records on all patients;

92895

(f) Provides nursing services and other therapeutic services	92896
in accordance with programs and policies, with such services	92897
supervised by a registered professional nurse, and has a	92898
registered professional nurse on duty at all times of clinical	92899
operations;	92900

(g) Provides approved methods and procedures for the	92901
dispensing and administration of drugs and biologicals;	92902

(h) Has established an accounting and record keeping system	92903
to determine reasonable and allowable costs;	92904

(i) "Ambulatory health facilities" also includes an	92905
alcoholism treatment facility approved by the joint commission on	92906
accreditation of healthcare organizations as an alcoholism	92907
treatment facility or certified by the department of ~~alcohol and~~	92908
~~drug addiction services~~mental health and addiction services, and	92909
such facility shall comply with other provisions of this division	92910
not inconsistent with such accreditation or certification.	92911

(3) "Community mental health facility" means a facility which	92912
provides community mental health services and is included in the	92913
comprehensive mental health plan for the alcohol, drug addiction,	92914
and mental health service district in which it is located.	92915

(4) "Community mental health service" means services, other	92916
than inpatient services, provided by a community mental health	92917
facility.	92918

(5) "Home health agency" means an institution or a distinct	92919
part of an institution operated in this state which:	92920

(a) Is primarily engaged in providing home health services;

92921

(b) Has home health policies which are established by a group	92922
of professional personnel, including one or more duly licensed	92923
doctors of medicine or osteopathy and one or more registered	92924
professional nurses, to govern the home health services it	92925
provides and which includes a requirement that every patient must	92926
be under the care of a duly licensed doctor of medicine or	92927
osteopathy;	92928

(c) Is under the supervision of a duly licensed doctor of	92929
medicine or doctor of osteopathy or a registered professional	92930
nurse who is responsible for the execution of such home health	92931
policies;	92932

(d) Maintains comprehensive records on all patients;

92933

(e) Is operated by the state, a political subdivision, or an	92934
agency of either, or is operated not for profit in this state and	92935
is licensed or registered, if required, pursuant to law by the	92936
appropriate department of the state, county, or municipality in	92937
which it furnishes services; or is operated for profit in this	92938
state, meets all the requirements specified in divisions (A)(5)(a)	92939
to (d) of this section, and is certified under Title XVIII of the	92940
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	92941
amended.	92942

(6) "Home health service" means the following items and	92943
services, provided, except as provided in division (A)(6)(g) of	92944
this section, on a visiting basis in a place of residence used as	92945
the patient's home:	92946

(a) Nursing care provided by or under the supervision of a	92947
registered professional nurse;	92948

(b) Physical, occupational, or speech therapy ordered by the	92949
patient's attending physician;	92950

(c) Medical social services performed by or under the	92951
supervision of a qualified medical or psychiatric social worker	92952
and under the direction of the patient's attending physician;	92953

(d) Personal health care of the patient performed by aides in	92954
accordance with the orders of a doctor of medicine or osteopathy	92955
and under the supervision of a registered professional nurse;	92956

(e) Medical supplies and the use of medical appliances;

92957

(f) Medical services of interns and residents-in-training	92958
under an approved teaching program of a nonprofit hospital and	92959
under the direction and supervision of the patient's attending	92960
physician;	92961

(g) Any of the foregoing items and services which:

92962

(i) Are provided on an outpatient basis under arrangements	92963
made by the home health agency at a hospital or skilled nursing	92964
facility;	92965

(ii) Involve the use of equipment of such a nature that the	92966
items and services cannot readily be made available to the patient	92967
in the patient's place of residence, or which are furnished at the	92968
hospital or skilled nursing facility while the patient is there to	92969
receive any item or service involving the use of such equipment.	92970

Any attorney, physician, osteopath, podiatrist, chiropractor,	92971
dentist, psychologist, any employee of a hospital as defined in	92972
section 3701.01 of the Revised Code, any nurse licensed under	92973
Chapter 4723. of the Revised Code, any employee of an ambulatory	92974
health facility, any employee of a home health agency, any	92975
employee of a residential facility licensed under section ~~5119.22~~	92976
5119.34 of the Revised Code that provides accommodations,	92977
supervision, and personal care services for three to sixteen	92978
unrelated adults, any employee of a nursing home, residential care	92979
facility, or home for the aging, as defined in section 3721.01 of	92980
the Revised Code, any senior service provider, any peace officer,	92981
coroner, member of the clergy, any employee of a community mental	92982
health facility, and any person engaged in social work or	92983
counseling having reasonable cause to believe that an adult is	92984
being abused, neglected, or exploited, or is in a condition which	92985
is the result of abuse, neglect, or exploitation shall immediately	92986
report such belief to the county department of job and family	92987
services. This section does not apply to employees of any hospital	92988
or public hospital as defined in section 5122.01 of the Revised	92989
Code.	92990

(B) Any person having reasonable cause to believe that an	92991
adult has suffered abuse, neglect, or exploitation may report, or	92992
cause reports to be made of such belief to the department.	92993

(C) The reports made under this section shall be made orally	92994
or in writing except that oral reports shall be followed by a	92995
written report if a written report is requested by the department.	92996
Written reports shall include:	92997

(1) The name, address, and approximate age of the adult who	92998
is the subject of the report;	92999

(2) The name and address of the individual responsible for	93000
the adult's care, if any individual is, and if the individual is	93001
known;	93002

(3) The nature and extent of the alleged abuse, neglect, or	93003
exploitation of the adult;	93004

(4) The basis of the reporter's belief that the adult has	93005
been abused, neglected, or exploited.	93006

(D) Any person with reasonable cause to believe that an adult	93007
is suffering abuse, neglect, or exploitation who makes a report	93008
pursuant to this section or who testifies in any administrative or	93009
judicial proceeding arising from such a report, or any employee of	93010
the state or any of its subdivisions who is discharging	93011
responsibilities under section 5101.62 of the Revised Code shall	93012
be immune from civil or criminal liability on account of such	93013
investigation, report, or testimony, except liability for perjury,	93014
unless the person has acted in bad faith or with malicious	93015
purpose.	93016

(E) No employer or any other person with the authority to do	93017
so shall discharge, demote, transfer, prepare a negative work	93018
performance evaluation, or reduce benefits, pay, or work	93019
privileges, or take any other action detrimental to an employee or	93020
in any way retaliate against an employee as a result of the	93021
employee's having filed a report under this section.	93022

(F) Neither the written or oral report provided for in this	93023
section nor the investigatory report provided for in section	93024
5101.62 of the Revised Code shall be considered a public record as	93025
defined in section 149.43 of the Revised Code. Information	93026
contained in the report shall upon request be made available to	93027
the adult who is the subject of the report, to agencies authorized	93028
by the department to receive information contained in the report,	93029
and to legal counsel for the adult.	93030

Sec. 5101.80. (A) As used in this section and in section	93031
5101.801 of the Revised Code:	93032

(1) "County family services agency" has the same meaning as	93033
in section 307.981 of the Revised Code.	93034

(2) "State agency" has the same meaning as in section 9.82 of	93035
the Revised Code.	93036

(3) "Title IV-A administrative agency" means both of the	93037
following:	93038

(a) A county family services agency or state agency	93039
administering a Title IV-A program under the supervision of the	93040
department of job and family services;	93041

(b) A government agency or private, not-for-profit entity	93042
administering a project funded in whole or in part with funds	93043
provided under the Title IV-A demonstration program created under	93044
section 5101.803 of the Revised Code.	93045

(4) "Title IV-A program" means all of the following that are	93046
funded in part with funds provided under the temporary assistance	93047
for needy families block grant established by Title IV-A of the	93048
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	93049
amended:	93050

(a) The Ohio works first program established under Chapter	93051
5107. of the Revised Code;	93052

(b) The prevention, retention, and contingency program	93053
established under Chapter 5108. of the Revised Code;	93054

(c) A program established by the general assembly or an	93055
executive order issued by the governor that is administered or	93056
supervised by the department of job and family services pursuant	93057
to section 5101.801 of the Revised Code;	93058

(d) The kinship permanency incentive program created under	93059
section 5101.802 of the Revised Code;	93060

(e) The Title IV-A demonstration program created under	93061
section 5101.803 of the Revised Code;	93062

(f) The Ohio parenting and pregnancy program created under	93063
section 5101.804 of the Revised Code;	93064

(g) A component of a Title IV-A program identified under	93065
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	93066
state plan prepared under division (C)(1) of this section	93067
identifies as a component.	93068

(B) The department of job and family services shall act as	93069
the single state agency to administer and supervise the	93070
administration of Title IV-A programs. The Title IV-A state plan	93071
and amendments to the plan prepared under division (C) of this	93072
section are binding on Title IV-A administrative agencies. No	93073
Title IV-A administrative agency may establish, by rule or	93074
otherwise, a policy governing a Title IV-A program that is	93075
inconsistent with a Title IV-A program policy established, in rule	93076
or otherwise, by the director of job and family services.	93077

(C) The department of job and family services shall do all of	93078
the following:	93079

(1) Prepare and submit to the United States secretary of	93080
health and human services a Title IV-A state plan for Title IV-A	93081
programs;	93082

(2) Prepare and submit to the United States secretary of	93083
health and human services amendments to the Title IV-A state plan	93084
that the department determines necessary, including amendments	93085
necessary to implement Title IV-A programs identified in divisions	93086
(A)(4)(c) to ~~(f)~~(g) of this section;	93087

(3) Prescribe forms for applications, certificates, reports,	93088
records, and accounts of Title IV-A administrative agencies, and	93089
other matters related to Title IV-A programs;	93090

(4) Make such reports, in such form and containing such	93091
information as the department may find necessary to assure the	93092
correctness and verification of such reports, regarding Title IV-A	93093
programs;	93094

(5) Require reports and information from each Title IV-A	93095
administrative agency as may be necessary or advisable regarding a	93096
Title IV-A program;	93097

(6) Afford a fair hearing in accordance with section 5101.35	93098
of the Revised Code to any applicant for, or participant or former	93099
participant of, a Title IV-A program aggrieved by a decision	93100
regarding the program;	93101

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	93102
and 5108. of the Revised Code and sections 5101.801, 5101.802, ~~and~~	93103
5101.803, and 5101.804 of the Revised Code, any sums appropriated	93104
by the general assembly for the purpose of those chapters and	93105
sections and all sums paid to the state by the secretary of the	93106
treasury of the United States as authorized by Title IV-A of the	93107
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	93108
amended;	93109

(8) Conduct investigations and audits as are necessary	93110
regarding Title IV-A programs;	93111

(9) Enter into reciprocal agreements with other states	93112
relative to the provision of Ohio works first and prevention,	93113
retention, and contingency to residents and nonresidents;	93114

(10) Contract with a private entity to conduct an independent	93115
on-going evaluation of the Ohio works first program and the	93116
prevention, retention, and contingency program. The contract must	93117
require the private entity to do all of the following:	93118

(a) Examine issues of process, practice, impact, and	93119
outcomes;	93120

(b) Study former participants of Ohio works first who have	93121
not participated in Ohio works first for at least one year to	93122
determine whether they are employed, the type of employment in	93123
which they are engaged, the amount of compensation they are	93124
receiving, whether their employer provides health insurance,	93125
whether and how often they have received benefits or services	93126
under the prevention, retention, and contingency program, and	93127
whether they are successfully self sufficient;	93128

(c) Provide the department with reports at times the	93129
department specifies.	93130

(11) Not later than the last day of each January and July,	93131
prepare a report containing information on the following:	93132

(a) Individuals exhausting the time limits for participation	93133
in Ohio works first set forth in section 5107.18 of the Revised	93134
Code.	93135

(b) Individuals who have been exempted from the time limits	93136
set forth in section 5107.18 of the Revised Code and the reasons	93137
for the exemption.	93138

(D) The department shall provide copies of the reports it	93139
receives under division (C)(10) of this section and prepares under	93140
division (C)(11) of this section to the governor, the president	93141
and minority leader of the senate, and the speaker and minority	93142
leader of the house of representatives. The department shall	93143
provide copies of the reports to any private or government entity	93144
on request.	93145

(E) An authorized representative of the department or a	93146
county family services agency or state agency administering a	93147
Title IV-A program shall have access to all records and	93148
information bearing thereon for the purposes of investigations	93149
conducted pursuant to this section. An authorized representative	93150
of a government entity or private, not-for-profit entity	93151
administering a project funded in whole or in part with funds	93152
provided under the Title IV-A demonstration program shall have	93153
access to all records and information bearing on the project for	93154
the purpose of investigations conducted pursuant to this section.	93155

Sec. 5101.801. (A) Except as otherwise provided by the law	93156
enacted by the general assembly or executive order issued by the	93157
governor establishing the Title IV-A program, a Title IV-A program	93158
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	93159
section 5101.80 of the Revised Code shall provide benefits and	93160
services that are not "assistance" as defined in 45 C.F.R.	93161
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	93162
excludes from the definition of assistance.	93163

(B)(1) Except as otherwise provided by the law enacted by the	93164
general assembly or executive order issued by the governor	93165
establishing the Title IV-A program, the department of job and	93166
family services shall do either of the following regarding a Title	93167
IV-A program identified under division (A)(4)(c), (d), (e), or	93168
(f), or (g) of section 5101.80 of the Revised Code:	93169

(a) Administer the program or supervise a county family	93170
services agency's administration of the program;	93171

(b) Enter into an interagency agreement with a state agency	93172
for the state agency to administer the program under the	93173
department's supervision.	93174

(2) The department may enter into an agreement with a	93175
government entity and, to the extent permitted by federal law, a	93176
private, not-for-profit entity for the entity to receive funding	93177
for a project under the Title IV-A demonstration program created	93178
under section 5101.803 of the Revised Code.	93179

(3) To the extent permitted by federal law, the department	93180
may enter into an agreement with a private, not-for-profit entity	93181
for the entity to receive funds under the Ohio parenting and	93182
pregnancy program created under section 5101.804 of the Revised	93183
Code.	93184

(C) The department may adopt rules governing Title IV-A	93185
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	93186
and (g) of section 5101.80 of the Revised Code. Rules governing	93187
financial and operational matters of the department or between the	93188
department and county family services agencies shall be adopted as	93189
internal management rules adopted in accordance with section	93190
111.15 of the Revised Code. All other rules shall be adopted in	93191
accordance with Chapter 119. of the Revised Code.	93192

(D) If the department enters into an agreement regarding a	93193
Title IV-A program identified under division (A)(4)(c), (e), or	93194
(f), or (g) of section 5101.80 of the Revised Code pursuant to	93195
division (B)(1)(b) or (2) of this section, the agreement shall	93196
include at least all of the following:	93197

(1) A requirement that the state agency or entity comply with	93198
the requirements for the program or project, including all of the	93199
following requirements established by federal statutes and	93200
regulations, state statutes and rules, the United States office of	93201
management and budget, and the Title IV-A state plan prepared	93202
under section 5101.80 of the Revised Code:	93203

(a) Eligibility;

93204

(b) Reports;

93205

93206

(d) Use of funds;

93207

(e) Appeals for applicants for, and recipients and former	93208
recipients of, the benefits and services;	93209

(f) Audits.

93210

(2) A complete description of all of the following:

93211

(a) The benefits and services that the program or project is	93212
to provide;	93213

(b) The methods of program or project administration;

93214

(c) The appeals process under section 5101.35 of the Revised	93215
Code for applicants for, and recipients and former recipients of,	93216
the program or project's benefits and services;	93217

(d) Other requirements that the department requires be	93218
included.	93219

(3) Procedures for the department to approve a policy,	93220
established by rule or otherwise, that the state agency or entity	93221
establishes for the program or project before the policy is	93222
established;	93223

(4) Provisions regarding how the department is to reimburse	93224
the state agency or entity for allowable expenditures under the	93225
program or project that the department approves, including all of	93226
the following:	93227

(a) Limitations on administrative costs;

93228

(b) The department, at its discretion, doing either of the	93229
following:	93230

(i) Withholding no more than five per cent of the funds that	93231
the department would otherwise provide to the state agency or	93232
entity for the program or project;	93233

(ii) Charging the state agency or entity for the costs to the	93234
department of performing, or contracting for the performance of,	93235
audits and other administrative functions associated with the	93236
program or project.	93237

(5) If the state agency or entity arranges by contract,	93238
grant, or other agreement for another entity to perform a function	93239
the state agency or entity would otherwise perform regarding the	93240
program or project, the state agency or entity's responsibilities	93241
for both of the following:	93242

(a) Ensuring that the other entity complies with the	93243
agreement between the state agency or entity and department and	93244
federal statutes and regulations and state statutes and rules	93245
governing the use of funds for the program or project;	93246

(b) Auditing the other entity in accordance with requirements	93247
established by the United States office of management and budget.	93248

(6) The state agency or entity's responsibilities regarding	93249
the prompt payment, including any interest assessed, of any	93250
adverse audit finding, final disallowance of federal funds, or	93251
other sanction or penalty imposed by the federal government,	93252
auditor of state, department, a court, or other entity regarding	93253
funds for the program or project;	93254

(7) Provisions for the department to terminate the agreement	93255
or withhold reimbursement from the state agency or entity if	93256
either of the following occur:	93257

(a) The federal government disapproves the program or project	93258
or reduces federal funds for the program or project;	93259

(b) The state agency or entity fails to comply with the terms	93260
of the agreement.	93261

(8) Provisions for both of the following:

93262

(a) The department and state agency or entity determining the	93263
performance outcomes expected for the program or project;	93264

(b) An evaluation of the program or project to determine its	93265
success in achieving the performance outcomes determined under	93266
division (D)(8)(a) of this section.	93267

(E) To the extent consistent with the law enacted by the	93268
general assembly or executive order issued by the governor	93269
establishing the Title IV-A program and subject to the approval of	93270
the director of budget and management, the director of job and	93271
family services may terminate a Title IV-A program identified	93272
under division (A)(4)(c), (d), (e), or (f), or (g) of section	93273
5101.80 of the Revised Code or reduce funding for the program if	93274
the director of job and family services determines that federal or	93275
state funds are insufficient to fund the program. If the director	93276
of budget and management approves the termination or reduction in	93277
funding for such a program, the director of job and family	93278
services shall issue instructions for the termination or funding	93279
reduction. If a Title IV-A administrative agency is administering	93280
the program, the agency is bound by the termination or funding	93281
reduction and shall comply with the director's instructions.	93282

(F) The director of job and family services may adopt	93283
internal management rules in accordance with section 111.15 of the	93284
Revised Code as necessary to implement this section. The rules are	93285
binding on each Title IV-A administrative agency.	93286

Sec. 5101.803. (A) Subject to division (E) of section	93287
5101.801 of the Revised Code, there is hereby created the Title	93288
IV-A demonstration program to provide funding for innovative and	93289
promising prevention and intervention projects that meet one or	93290
more of the four purposes of the temporary assistance for needy	93291
families block grant as specified in 42 U.S.C. 601 and are for	93292
individuals with specific and multiple barriers to achieving or	93293
maintaining self-sufficiency and personal responsibility. The	93294
department of job and family services may provide funding for such	93295
projects to government entities and, to the extent permitted by	93296
federal law, private, not-for-profit entities with which the	93297
department enters into agreements under division (B)(2) of section	93298
5101.801 of the Revised Code.	93299

In accordance with criteria the department develops, the	93300
department may solicit proposals ~~for~~from entities seeking to	93301
enter into an agreement with the department under division (B)(2)	93302
of section 5101.801 of the Revised Code. The department may enter	93303
into such agreements with entities that do both of the following:	93304

(1) Meet the proposals' criteria;

93305

(2) If the entity's proposed project does not potentially	93306
affect persons in each county of the state, provides the	93307
department evidence that the entity has notified, in writing, the	93308
county department of job and family services of each county where	93309
persons may be affected by the implementation of the project.	93310

(B) In developing the criteria, soliciting the proposals, and	93311
entering in the agreements, the department shall comply with all	93312
applicable federal and state laws, the Title IV-A state plan	93313
submitted to the United States secretary of health and human	93314
services under section 5101.80 of the Revised Code, amendments to	93315
the Title IV-A state plan submitted to the United States secretary	93316
under that section, and federal waivers the United States	93317
secretary grants.	93318

(C) The department shall begin implementation of the Title	93319
IV-A demonstration program no later than January 1, 2006.	93320

Sec. 5101.804. (A) Subject to division (E) of section	93321
5101.801 of the Revised Code, there is hereby created the Ohio	93322
parenting and pregnancy program to provide services for pregnant	93323
women and parents or other relatives caring for children twelve	93324
months of age or younger that do both of the following:	93325

(1) Promote childbirth, parenting, and alternatives to	93326
abortion;	93327

(2) Meet one or more of the four purposes of the temporary	93328
assistance for needy families block grant as specified in 42	93329
U.S.C. 601.	93330

(B) To the extent permitted by federal law, the department of	93331
job and family services may provide funds under the program to	93332
entities with which the department enters into agreements under	93333
division (B)(3) of section 5101.801 of the Revised Code. In	93334
accordance with criteria the department develops, the department	93335
may solicit proposals from entities seeking to provide services	93336
under the program. The department may enter into an agreement with	93337
an entity only if it meets all of the following conditions:	93338

(1) Is a private, not-for-profit entity;

93339

(2) Is an entity whose primary purpose is to promote	93340
childbirth, rather than abortion, through counseling and other	93341
services, including parenting and adoption support;	93342

(3) Provides services to pregnant women and parents or other	93343
relatives caring for children twelve months of age or younger,	93344
including clothing, counseling, diapers, food, furniture, health	93345
care, parenting classes, postpartum recovery, shelter, and any	93346
other supportive services, programs, or related outreach;	93347

(4) Does not charge pregnant women and parents or other	93348
relatives caring for children twelve months of age or younger a	93349
fee for any services received;	93350

(5) Is not involved in or associated with any abortion	93351
activities, including providing abortion counseling or referrals	93352
to abortion clinics, performing abortion-related medical	93353
procedures, or engaging in pro-abortion advertising;	93354

(6) Does not discriminate in its provision of services on the	93355
basis of race, religion, color, age, marital status, national	93356
origin, disability, or gender.	93357

(C) An entity that has entered into an agreement with the	93358
department under division (B)(3) of section 5101.801 of the	93359
Revised Code may enter into a subcontract with another entity	93360
under which the other entity provides all or part of the services	93361
described in division (B)(3) of this section. A subcontract may be	93362
entered into with another entity only if that entity meets all of	93363
the following conditions:	93364

(1) Is a private, not-for-profit entity;

93365

(2) Is physically and financially separate from any entity,	93366
or component of an entity, that engages in abortion activities;	93367

(3) Is not involved in or associated with any abortion	93368
activities, including providing abortion counseling or referrals	93369
to abortion clinics, performing abortion-related medical	93370
procedures, or engaging in pro-abortion advertising.	93371

(D) The director of job and family services shall adopt rules	93372
under division (C) of section 5101.801 of the Revised Code as	93373
necessary to implement the Ohio parenting and pregnancy program.	93374

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	93375
Revised Code:	93376

(A)(1) "Association" or "institution" includes ~~any~~all of the	93377
following:	93378

(a) Any incorporated or unincorporated organization, society,	93379
association, or agency, public or private, that receives or cares	93380
for children for two or more consecutive weeks, including a	93381
therapeutic wilderness camp; ~~any~~	93382

(b) Any individual, including the operator of a foster home,	93383
who, for hire, gain, or reward, receives or cares for children for	93384
two or more consecutive weeks, unless the individual is related to	93385
them by blood or marriage; ~~and any~~	93386

(c) Any individual not in the regular employ of a court, or	93387
of an institution or association certified in accordance with	93388
section 5103.03 of the Revised Code, who in any manner becomes a	93389
party to the placing of children in foster homes, unless the	93390
individual is related to such children by blood or marriage, or is	93391
the appointed guardian of such children~~; provided, that any~~.	93392

(2) "Association" or "institution" does not include any of	93393
the following:	93394

(a) Any organization, society, association, school, agency,	93395
child guidance center, detention or rehabilitation facility, or	93396
children's clinic licensed, regulated, approved, operated under	93397
the direction of, or otherwise certified by the department of	93398
education, a local board of education, the department of youth	93399
services, the department of ~~mental health~~mental health and	93400
addiction services, or the department of developmental	93401
disabilities~~, or any~~;	93402

(b) Any individual who provides care for only a single-family	93403
group, placed there by their parents or other relative having	93404
custody~~, shall not be considered as being within the purview of~~	93405
~~these sections~~.	93406

(B) "Family foster home" means a foster home that is not a	93407
specialized foster home.	93408

(C) "Foster caregiver" means a person holding a valid foster	93409
home certificate issued under section 5103.03 of the Revised Code.	93410

(D) "Foster home" means a private residence in which children	93411
are received apart from their parents, guardian, or legal	93412
custodian, by an individual reimbursed for providing the children	93413
nonsecure care, supervision, or training twenty-four hours a day.	93414
"Foster home" does not include care provided for a child in the	93415
home of a person other than the child's parent, guardian, or legal	93416
custodian while the parent, guardian, or legal custodian is	93417
temporarily away. Family foster homes and specialized foster homes	93418
are types of foster homes.	93419

(E) "Medically fragile foster home" means a foster home that	93420
provides specialized medical services designed to meet the needs	93421
of children with intensive health care needs who meet all of the	93422
following criteria:	93423

(1) Under rules adopted by the ~~department of job and family~~	93424
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	93425
~~of the Revised Code~~medicaid payments for long-term care services,	93426
the children require a skilled level of care.	93427

(2) The children require the services of a doctor of medicine	93428
or osteopathic medicine at least once a week due to the	93429
instability of their medical conditions.	93430

(3) The children require the services of a registered nurse	93431
on a daily basis.	93432

(4) The children are at risk of institutionalization in a	93433
hospital, skilled nursing facility, or intermediate care facility	93434
for ~~the mentally retarded~~individuals with intellectual	93435
disabilities.	93436

(F) "Recommending agency" means a public children services	93437
agency, private child placing agency, or private noncustodial	93438
agency that recommends that the department of job and family	93439
services take any of the following actions under section 5103.03	93440
of the Revised Code regarding a foster home:	93441

(1) Issue a certificate;

93442

(2) Deny a certificate;

93443

(3) Renew a certificate;

93444

(4) Deny renewal of a certificate;

93445

(5) Revoke a certificate.

93446

(G) "Specialized foster home" means a medically fragile	93447
foster home or a treatment foster home.	93448

(H) "Treatment foster home" means a foster home that	93449
incorporates special rehabilitative services designed to treat the	93450
specific needs of the children received in the foster home and	93451
that receives and cares for children who are emotionally or	93452
behaviorally disturbed, chemically dependent, mentally retarded,	93453
developmentally disabled, or who otherwise have exceptional needs.	93454

(I) "Therapeutic wilderness camp" means a structured,	93455
alternative residential setting for children who are experiencing	93456
emotional, behavioral, moral, social, or learning difficulties at	93457
home or school in which both of the following are the case:	93458

(1) The children spend the majority of their time, including	93459
overnight, either outdoors or in a primitive structure;	93460

(2) The children have been placed there by their parents or	93461
another relative having custody.	93462

Sec. 5103.0323. (A) As used in this section, ~~"government~~	93463
~~auditing standards" means the government auditing standards~~	93464
~~published by the comptroller general of the United States general~~	93465
~~accounting office~~"American institute of certified public	93466
accountants auditing standards" and "AICPA auditing standards"	93467
mean the auditing standards published by the American institute of	93468
certified public accountants.	93469

(B) The first time that a private child placing agency or	93470
private noncustodial agency seeks renewal of a certificate issued	93471
under section 5103.03 of the Revised Code, it shall provide the	93472
department of job and family services, as a condition of renewal,	93473
evidence of an independent financial statement audit ~~of its first~~	93474
~~year of certification, unless the auditor of state has audited the~~	93475
~~agency during that year and the audit sets forth that no money has~~	93476
~~been illegally expended, converted, misappropriated, or is~~	93477
~~unaccounted for or sets forth findings that are inconsequential,~~	93478
~~as defined by government~~performed by a licensed public accounting	93479
firm following applicable AICPA auditing standards for the most	93480
recent fiscal year. Thereafter, when an agency seeks renewal of	93481
its certificate, it shall provide the department evidence of an	93482
independent financial statement audit performed by a licensed	93483
public accounting firm following applicable AICPA auditing	93484
standards for the two most recent previous fiscal years it is	93485
possible for an independent audit to have been conducted~~, unless~~	93486
~~the auditor of state has audited the agency during those years and~~	93487
~~the audit sets forth that no money has been illegally expended,~~	93488
~~converted, misappropriated, or is unaccounted for or sets forth~~	93489
~~findings that are inconsequential, as defined by government~~	93490
~~auditing standards~~.	93491

(C) For an agency to be eligible for renewal, the independent	93492
audits must demonstrate that the agency operated in a fiscally	93493
accountable manner ~~in accordance with state laws and rules and any~~	93494
~~agreement between the agency and a public children services~~	93495
~~agency.~~	93496

~~All audits required by this section shall be conducted in~~	93497
~~accordance with generally accepted government auditing standards~~	93498
as determined by the department of job and family services.	93499

(D) The director of job and family services may adopt rules	93500
as necessary to implement this section. The director shall adopt	93501
the rules in accordance with section 111.15 of the Revised Code.	93502

Sec. 5103.13. (A) As used in this section and section	93503
5103.131 of the Revised Code:	93504

(1)(a) "Children's crisis care facility" means a facility	93505
that has as its primary purpose the provision of residential and	93506
other care to either or both of the following:	93507

(i) One or more preteens voluntarily placed in the facility	93508
by the preteen's parent or other caretaker who is facing a crisis	93509
that causes the parent or other caretaker to seek temporary care	93510
for the preteen and referral for support services;	93511

(ii) One or more preteens placed in the facility by a public	93512
children services agency or private child placing agency that has	93513
legal custody or permanent custody of the preteen and determines	93514
that an emergency situation exists necessitating the preteen's	93515
placement in the facility rather than an institution certified	93516
under section 5103.03 of the Revised Code or elsewhere.	93517

(b) "Children's crisis care facility" does not include either	93518
of the following:	93519

(i) Any organization, society, association, school, agency,	93520
child guidance center, detention or rehabilitation facility, or	93521
children's clinic licensed, regulated, approved, operated under	93522
the direction of, or otherwise certified by the department of	93523
education, a local board of education, the department of youth	93524
services, the department of ~~mental health~~mental health and	93525
addiction services, or the department of developmental	93526
disabilities;	93527

(ii) Any individual who provides care for only a	93528
single-family group, placed there by their parents or other	93529
relative having custody.	93530

(2) "Legal custody" and "permanent custody" have the same	93531
meanings as in section 2151.011 of the Revised Code.	93532

(3) "Preteen" means an individual under thirteen years of	93533
age.	93534

(B) No person shall operate a children's crisis care facility	93535
or hold a children's crisis care facility out as a certified	93536
children's crisis care facility unless there is a valid children's	93537
crisis care facility certificate issued under this section for the	93538
facility.	93539

(C) A person seeking to operate a children's crisis care	93540
facility shall apply to the director of job and family services to	93541
obtain a certificate for the facility. The director shall certify	93542
the person's children's crisis care facility if the facility meets	93543
all of the certification standards established in rules adopted	93544
under division (F) of this section and the person complies with	93545
all of the rules governing the certification of children's crisis	93546
care facilities adopted under that division. The issuance of a	93547
children's crisis care facility certificate does not exempt the	93548
facility from a requirement to obtain another certificate or	93549
license mandated by law.	93550

(D)(1) No certified children's crisis care facility shall do	93551
any of the following:	93552

(a) Provide residential care to a preteen for more than one	93553
hundred twenty days in a calendar year;	93554

(b) Subject to division (D)(1)(c) of this section and except	93555
as provided in division (D)(2) of this section, provide	93556
residential care to a preteen for more than sixty consecutive	93557
days;	93558

(c) Except as provided in division (D)(3) of this section,	93559
provide residential care to a preteen for more than seventy-two	93560
consecutive hours if a public children services agency or private	93561
child placing agency placed the preteen in the facility;	93562

(d) Fail to comply with section 2151.86 of the Revised Code.

93563

(2) A certified children's crisis care facility may provide	93564
residential care to a preteen for up to ninety consecutive days,	93565
other than a preteen placed in the facility by a public children	93566
services agency or private child placing agency, if any of the	93567
following are the case:	93568

(a) The preteen's parent or other caretaker is enrolled in an	93569
alcohol and drug addiction ~~program certified under section 3793.06~~	93570
~~of the Revised Code~~service or a community mental health service	93571
certified under section ~~5119.611~~5119.36 of the Revised Code;	93572

(b) The preteen's parent or other caretaker is an inpatient	93573
in a hospital;	93574

93575

(d) A physician has diagnosed the preteen's parent or other	93576
caretaker as medically incapacitated.	93577

(3) A certified children's crisis care facility may provide	93578
residential care to a preteen placed in the facility by a public	93579
children services agency or private child placing agency for more	93580
than seventy-two consecutive hours if the director of job and	93581
family services or the director's designee issues the agency a	93582
waiver of the seventy-two consecutive hour limitation. The waiver	93583
may authorize the certified children's crisis care facility to	93584
provide residential care to the preteen for up to fourteen	93585
consecutive days.	93586

(E) The director of job and family services may suspend or	93587
revoke a children's crisis care facility's certificate pursuant to	93588
Chapter 119. of the Revised Code if the facility violates division	93589
(D) of this section or ceases to meet any of the certification	93590
standards established in rules adopted under division (F) of this	93591
section or the facility's operator ceases to comply with any of	93592
the rules governing the certification of children's crisis care	93593
facilities adopted under that division.	93594

(F) Not later than ninety days after September 21, 2006, the	93595
director of job and family services shall adopt rules pursuant to	93596
Chapter 119. of the Revised Code for the certification of	93597
children's crisis care facilities. The rules shall specify that a	93598
certificate shall not be issued to an applicant if the conditions	93599
at the children's crisis care facility would jeopardize the health	93600
or safety of the preteens placed in the facility.	93601

Sec. 5103.42. Prior to the beginning of the fiscal biennium	93602
that first follows October 5, 2000, the public children services	93603
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	93604
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	93605
maintain a regional training center. Prior to the beginning of the	93606
fiscal biennium that first follows the effective date of this	93607
amendment, the public children services agency of Butler county	93608
shall establish and maintain a regional training center. At any	93609
time after the beginning of ~~that~~the specified biennium, the	93610
department of job and family services, on the recommendation of	93611
the Ohio child welfare training program steering committee, may	93612
direct a public children services agency to establish and maintain	93613
a training center to replace the center established by an agency	93614
under this section. There may be no more and no less than eight	93615
centers in existence at any time. The department may make a grant	93616
to a public children services agency that establishes and	93617
maintains a regional training center under this section for the	93618
purpose of wholly or partially subsidizing the operation of the	93619
center. The department shall specify in the grant all of the	93620
center's duties, including the duties specified in section	93621
5103.422 of the Revised Code.	93622

The regional training center established by the public	93623
children services agency of Butler county under this section	93624
replaces the regional training center previously established by	93625
the public children services agency of Hamilton county under this	93626
section.	93627

Sec. 5104.012. (A)(1) At the times specified in this	93628
division, the administrator of a child day-care center or a type A	93629
family day-care home shall request the superintendent of the	93630
bureau of criminal identification and investigation to conduct a	93631
criminal records check with respect to any applicant who has	93632
applied to the center or type A home for employment as a person	93633
responsible for the care, custody, or control of a child.	93634

The administrator shall request a criminal records check	93635
pursuant to this division at the time of the applicant's initial	93636
application for employment and every ~~four~~five years thereafter.	93637
When the administrator requests pursuant to this division a	93638
criminal records check for an applicant at the time of the	93639
applicant's initial application for employment, the administrator	93640
shall request that the superintendent obtain information from the	93641
federal bureau of investigation as a part of the criminal records	93642
check for the applicant, including fingerprint-based checks of	93643
national crime information databases as described in 42 U.S.C.	93644
671, for the person subject to the criminal records check. In all	93645
other cases in which the administrator requests a criminal records	93646
check for an applicant pursuant to this division, the	93647
administrator may request that the superintendent include	93648
information from the federal bureau of investigation in the	93649
criminal records check, including fingerprint-based checks of	93650
national crime information databases as described in 42 U.S.C.	93651
671.	93652

(2) A person required by division (A)(1) of this section to	93653
request a criminal records check shall provide to each applicant a	93654
copy of the form prescribed pursuant to division (C)(1) of section	93655
109.572 of the Revised Code, provide to each applicant a standard	93656
impression sheet to obtain fingerprint impressions prescribed	93657
pursuant to division (C)(2) of section 109.572 of the Revised	93658
Code, obtain the completed form and impression sheet from each	93659
applicant, and forward the completed form and impression sheet to	93660
the superintendent of the bureau of criminal identification and	93661
investigation at the time the person requests a criminal records	93662
check pursuant to division (A)(1) of this section. On and after	93663
August 14, 2008, the administrator of a child day-care center or a	93664
type A family day-care home shall review the results of the	93665
criminal records check before the applicant has sole	93666
responsibility for the care, custody, or control of any child.	93667

(3) An applicant who receives pursuant to division (A)(2) of	93668
this section a copy of the form prescribed pursuant to division	93669
(C)(1) of section 109.572 of the Revised Code and a copy of an	93670
impression sheet prescribed pursuant to division (C)(2) of that	93671
section and who is requested to complete the form and provide a	93672
set of fingerprint impressions shall complete the form or provide	93673
all the information necessary to complete the form and shall	93674
provide the impression sheet with the impressions of the	93675
applicant's fingerprints. If an applicant, upon request, fails to	93676
provide the information necessary to complete the form or fails to	93677
provide impressions of the applicant's fingerprints, the center or	93678
type A home shall not employ that applicant for any position for	93679
which a criminal records check is required by division (A)(1) of	93680
this section.	93681

(B)(1) Except as provided in rules adopted under division (E)	93682
of this section, no child day-care center or type A family	93683
day-care home shall employ or contract with another entity for the	93684
services of a person as a person responsible for the care,	93685
custody, or control of a child if the person previously has been	93686
convicted of or pleaded guilty to any of the violations described	93687
in division (A)(5) of section 109.572 of the Revised Code.	93688

(2) A child day-care center or type A family day-care home	93689
may employ an applicant conditionally until the criminal records	93690
check required by this section is completed and the center or home	93691
receives the results of the criminal records check. If the results	93692
of the criminal records check indicate that, pursuant to division	93693
(B)(1) of this section, the applicant does not qualify for	93694
employment, the center or home shall release the applicant from	93695
employment.	93696

(C)(1) Each child day-care center and type A family day-care	93697
home shall pay to the bureau of criminal identification and	93698
investigation the fee prescribed pursuant to division (C)(3) of	93699
section 109.572 of the Revised Code for each criminal records	93700
check conducted in accordance with that section upon the request	93701
pursuant to division (A)(1) of this section of the administrator	93702
or provider of the center or home.	93703

(2) A child day-care center and type A family day-care home	93704
may charge an applicant a fee for the costs it incurs in obtaining	93705
a criminal records check under this section. A fee charged under	93706
this division shall not exceed the amount of fees the center or	93707
home pays under division (C)(1) of this section. If a fee is	93708
charged under this division, the center or home shall notify the	93709
applicant at the time of the applicant's initial application for	93710
employment of the amount of the fee and that, unless the fee is	93711
paid, the center or type A home will not consider the applicant	93712
for employment.	93713

(D) The report of any criminal records check conducted by the	93714
bureau of criminal identification and investigation in accordance	93715
with section 109.572 of the Revised Code and pursuant to a request	93716
under division (A)(1) of this section is not a public record for	93717
the purposes of section 149.43 of the Revised Code and shall not	93718
be made available to any person other than the applicant who is	93719
the subject of the criminal records check or the applicant's	93720
representative; the center or type A home requesting the criminal	93721
records check or its representative; the department of job and	93722
family services or a county department of job and family services;	93723
and any court, hearing officer, or other necessary individual	93724
involved in a case dealing with the denial of employment to the	93725
applicant.	93726

(E) The director of job and family services shall adopt rules	93727
pursuant to Chapter 119. of the Revised Code to implement this	93728
section, including rules specifying circumstances under which a	93729
center or home may hire a person who has been convicted of an	93730
offense listed in division (B)(1) of this section but who meets	93731
standards in regard to rehabilitation set by the department.	93732

(F) Any person required by division (A)(1) of this section to	93733
request a criminal records check shall inform each person, at the	93734
time of the person's initial application for employment, that the	93735
person is required to provide a set of impressions of the person's	93736
fingerprints and that a criminal records check is required to be	93737
conducted and satisfactorily completed in accordance with section	93738
109.572 of the Revised Code if the person comes under final	93739
consideration for appointment or employment as a precondition to	93740
employment for that position.	93741

(G) As used in this section:

93742

(1) "Applicant" means a person who is under final	93743
consideration for appointment to or employment in a position with	93744
a child day-care center or a type A family day-care home as a	93745
person responsible for the care, custody, or control of a child;	93746
an in-home aide certified pursuant to section 5104.12 of the	93747
Revised Code; or any person who would serve in any position with a	93748
child day-care center or a type A family day-care home as a person	93749
responsible for the care, custody, or control of a child pursuant	93750
to a contract with another entity.	93751

(2) "Criminal records check" has the same meaning as in	93752
section 109.572 of the Revised Code.	93753

Sec. 5104.013. (A)(1) At the times specified in division	93754
(A)(3) of this section, the director of job and family services,	93755
as part of the process of licensure of child day-care centers and	93756
type A family day-care homes, shall request the superintendent of	93757
the bureau of criminal identification and investigation to conduct	93758
a criminal records check with respect to the following persons:	93759

(a) Any owner, licensee, or administrator of a child day-care	93760
center;	93761

(b) Any owner, licensee, or administrator of a type A family	93762
day-care home and any person eighteen years of age or older who	93763
resides in a type A family day-care home.	93764

(2) At the times specified in division (A)(3) of this	93765
section, the director of a county department of job and family	93766
services, as part of the process of certification of type B family	93767
day-care homes, shall request the superintendent of the bureau of	93768
criminal identification and investigation to conduct a criminal	93769
records check with respect to any authorized provider of a	93770
certified type B family day-care home and any person eighteen	93771
years of age or older who resides in a certified type B family	93772
day-care home.	93773

(3) The director of job and family services shall request a	93774
criminal records check pursuant to division (A)(1) of this section	93775
at the time of the initial application for licensure and every	93776
~~four~~five years thereafter. The director of a county department of	93777
job and family services shall request a criminal records check	93778
pursuant to division (A)(2) of this section at the time of the	93779
initial application for certification and every ~~four~~five years	93780
thereafter at the time of a certification renewal. When the	93781
director of job and family services or the director of a county	93782
department of job and family services requests pursuant to	93783
division (A)(1) or (2) of this section a criminal records check	93784
for a person at the time of the person's initial application for	93785
licensure or certification, the director shall request that the	93786
superintendent of the bureau of criminal identification and	93787
investigation obtain information from the federal bureau of	93788
investigation as a part of the criminal records check for the	93789
person, including fingerprint-based checks of national crime	93790
information databases as described in 42 U.S.C. 671 for the person	93791
subject to the criminal records check. In all other cases in which	93792
the director of job and family services or the director of a	93793
county department of job and family services requests a criminal	93794
records check for an applicant pursuant to division (A)(1) or (2)	93795
of this section, the director may request that the superintendent	93796
include information from the federal bureau of investigation in	93797
the criminal records check, including fingerprint-based checks of	93798
national crime information databases as described in 42 U.S.C.	93799
671.	93800

(4) The director of job and family services shall review the	93801
results of a criminal records check subsequent to a request made	93802
pursuant to divisions (A)(1) and (3) of this section prior to	93803
approval of a license. The director of a county department of job	93804
and family services shall review the results of a criminal records	93805
check subsequent to a request made pursuant to divisions (A)(2)	93806
and (3) of this section prior to approval of certification.	93807

(B) The director of job and family services or the director	93808
of a county department of job and family services shall provide to	93809
each person for whom a criminal records check is required under	93810
this section a copy of the form prescribed pursuant to division	93811
(C)(1) of section 109.572 of the Revised Code and a standard	93812
impression sheet to obtain fingerprint impressions prescribed	93813
pursuant to division (C)(2) of that section, obtain the completed	93814
form and impression sheet from that person, and forward the	93815
completed form and impression sheet to the superintendent of the	93816
bureau of criminal identification and investigation.	93817

(C) A person who receives pursuant to division (B) of this	93818
section a copy of the form and standard impression sheet described	93819
in that division and who is requested to complete the form and	93820
provide a set of fingerprint impressions shall complete the form	93821
or provide all the information necessary to complete the form and	93822
shall provide the impression sheet with the impressions of the	93823
person's fingerprints. If the person, upon request, fails to	93824
provide the information necessary to complete the form or fails to	93825
provide impressions of the person's fingerprints, the director may	93826
consider the failure as a reason to deny licensure or	93827
certification.	93828

(D) Except as provided in rules adopted under division (G) of	93829
this section, the director of job and family services shall not	93830
grant a license to a child day-care center or type A family	93831
day-care home and a county director of job and family services	93832
shall not certify a type B family day-care home if a person for	93833
whom a criminal records check was required in connection with the	93834
center or home previously has been convicted of or pleaded guilty	93835
to any of the violations described in division (A)(5) of section	93836
109.572 of the Revised Code.	93837

(E) Each child day-care center, type A family day-care home,	93838
and type B family day-care home shall pay to the bureau of	93839
criminal identification and investigation the fee prescribed	93840
pursuant to division (C)(3) of section 109.572 of the Revised Code	93841
for each criminal records check conducted in accordance with that	93842
section upon a request made pursuant to division (A) of this	93843
section.	93844

(F) The report of any criminal records check conducted by the	93845
bureau of criminal identification and investigation in accordance	93846
with section 109.572 of the Revised Code and pursuant to a request	93847
made under division (A) of this section is not a public record for	93848
the purposes of section 149.43 of the Revised Code and shall not	93849
be made available to any person other than the person who is the	93850
subject of the criminal records check or the person's	93851
representative, the director of job and family services, the	93852
director of a county department of job and family services, the	93853
center, type A home, or type B home involved, and any court,	93854
hearing officer, or other necessary individual involved in a case	93855
dealing with a denial of licensure or certification related to the	93856
criminal records check.	93857

(G) The director of job and family services shall adopt rules	93858
pursuant to Chapter 119. of the Revised Code to implement this	93859
section, including rules specifying exceptions to the prohibition	93860
in division (D) of this section for persons who have been	93861
convicted of an offense listed in that division but who meet	93862
standards in regard to rehabilitation set by the director.	93863

(H) As used in this section, "criminal records check" has the	93864
same meaning as in section 109.572 of the Revised Code.	93865

Sec. 5104.02. (A) The director of job and family services is	93866
responsible for the licensing of child day-care centers and type A	93867
family day-care homes. Each entity operating a head start program	93868
shall meet the criteria for, and be licensed as, a child day-care	93869
center. The director is responsible for the enforcement of this	93870
chapter and of rules promulgated pursuant to this chapter.	93871

No person, firm, organization, institution, or agency shall	93872
operate, establish, manage, conduct, or maintain a child day-care	93873
center or type A family day-care home without a license issued	93874
under section 5104.03 of the Revised Code. The current license	93875
shall be posted in a conspicuous place in the center or type A	93876
home that is accessible to parents, custodians, or guardians and	93877
employees of the center or type A home at all times when the	93878
center or type A home is in operation.	93879

(B) A person, firm, institution, organization, or agency	93880
operating any of the following programs is exempt from the	93881
requirements of this chapter:	93882

(1) A program of child care that operates for two or less	93883
consecutive weeks;	93884

(2) Child care in places of worship during religious	93885
activities during which children are cared for while at least one	93886
parent, guardian, or custodian of each child is participating in	93887
such activities and is readily available;	93888

(3) Religious activities which do not provide child care;

93889

(4) Supervised training, instruction, or activities of	93890
children in specific areas, including, but not limited to: art;	93891
drama; dance; music; gymnastics, swimming, or another athletic	93892
skill or sport; computers; or an educational subject conducted on	93893
an organized or periodic basis no more than one day a week and for	93894
no more than six hours duration;	93895

(5) Programs in which the director determines that at least	93896
one parent, custodian, or guardian of each child is on the	93897
premises of the facility offering child care and is readily	93898
accessible at all times, except that child care provided on the	93899
premises at which a parent, custodian, or guardian is employed	93900
more than two and one-half hours a day shall be licensed in	93901
accordance with division (A) of this section;	93902

(6)(a) Programs that provide child care funded and regulated	93903
or operated and regulated by state departments other than the	93904
department of job and family services or the state board of	93905
education when the director of job and family services has	93906
determined that the rules governing the program are equivalent to	93907
or exceed the rules promulgated pursuant to this chapter.	93908

Notwithstanding any exemption from regulation under this	93909
chapter, each state department shall submit to the director of job	93910
and family services a copy of the rules that govern programs that	93911
provide child care and are regulated or operated and regulated by	93912
the department. Annually, each state department shall submit to	93913
the director a report for each such program it regulates or	93914
operates and regulates that includes the following information:	93915

(i) The site location of the program;

93916

(ii) The maximum number of infants, toddlers, preschool-age	93917
children, or school-age children served by the program at one	93918
time;	93919

(iii) The number of adults providing child care for the	93920
number of infants, toddlers, preschool-age children, or school-age	93921
children;	93922

(iv) Any changes in the rules made subsequent to the time	93923
when the rules were initially submitted to the director.	93924

The director shall maintain a record of the child care	93925
information submitted by other state departments and shall provide	93926
this information upon request to the general assembly or the	93927
public.	93928

(b) Child care programs conducted by boards of education or	93929
by chartered nonpublic schools that are conducted in school	93930
buildings and that provide child care to school-age children only	93931
shall be exempt from meeting or exceeding rules promulgated	93932
pursuant to this chapter.	93933

(7) Any preschool program or school child program, except a	93934
head start program, that is subject to licensure by the department	93935
of education under sections 3301.52 to 3301.59 of the Revised	93936
Code.	93937

(8) Any program providing child care that meets all of the	93938
following requirements and, on October 20, 1987, was being	93939
operated by a nonpublic school that holds a charter issued by the	93940
state board of education for kindergarten only:	93941

(a) The nonpublic school has given the notice to the state	93942
board and the director of job and family services required by	93943
Section 4 of Substitute House Bill No. 253 of the 117th general	93944
assembly;	93945

(b) The nonpublic school continues to be chartered by the	93946
state board for kindergarten, or receives and continues to hold a	93947
charter from the state board for kindergarten through grade five;	93948

93949

(d) The program is operated in accordance with rules	93950
promulgated by the state board under sections 3301.52 to 3301.57	93951
of the Revised Code.	93952

(9) A youth development program operated outside of school	93953
hours by a community-based center to which all of the following	93954
apply:	93955

(a) The children enrolled in the program are under nineteen	93956
years of age and enrolled in or eligible to be enrolled in a grade	93957
of kindergarten or above.	93958

(b) The program provides informal child care ~~and at least~~	93959
~~two~~, which is child care that does not require parental signature,	93960
permission, or notice for the child receiving the care to enter or	93961
leave the program;	93962

(c) The program provides any of the following supervised	93963
activities: educational, recreational, culturally enriching,	93964
social, and personal development activities.	93965

~~(c)~~(d) The program is eligible for participation in the child	93966
and adult care food program as an outside-school-hours care center	93967
pursuant to standards established under section 3313.813 of the	93968
Revised Code.	93969

~~(d)~~(e) The community-based center operating the program is	93970
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	93971
and (c)(3).	93972

(10) A preschool program operated by a nonchartered,	93973
nontax-supported school if the preschool program meets all of the	93974
following conditions:	93975

(a) The program complies with state and local health, fire,	93976
and safety laws.	93977

(b) The program annually certifies in a report to the parents	93978
of its pupils that the school is in compliance with division	93979
(B)(10)(a) of this section and files a copy of the report with the	93980
department of job and family services on or before the thirtieth	93981
day of September of each year.	93982

(c) The program complies with all applicable reporting	93983
requirements in the same manner as required by the state board of	93984
education for nonchartered, nonpublic primary and secondary	93985
schools.	93986

(d) The program is associated with a nonchartered,	93987
nontax-supported primary or secondary school.	93988

Sec. 5104.021. The director of job and family services may	93989
~~not~~ issue a child day-care center or type A family day-care home	93990
license to a youth development program that is exempted by	93991
division (B)(9) of section 5104.02 of the Revised Code from the	93992
requirements of this chapter if the youth development program	93993
applies for and meets all of the requirements for the license.	93994

Sec. 5104.03. (A) Any person, firm, organization,	93995
institution, or agency desiring to establish a child day-care	93996
center or type A family day-care home shall apply for a license to	93997
the director of job and family services on such form as the	93998
director prescribes. The director shall provide at no charge to	93999
each applicant for licensure a copy of the child care license	94000
requirements in this chapter and a copy of the rules adopted	94001
pursuant to this chapter. The copies may be provided in paper or	94002
electronic form.	94003

Fees shall be set by the director pursuant to section	94004
5104.011 of the Revised Code and shall be paid at the time of	94005
application for a license to operate a center or type A home. Fees	94006
collected under this section shall be paid into the state treasury	94007
to the credit of the general revenue fund.	94008

(B) Upon filing of the application for a license, the	94009
director shall investigate and inspect the center or type A home	94010
to determine the license capacity for each age category of	94011
children of the center or type A home and to determine whether the	94012
center or type A home complies with this chapter and rules adopted	94013
pursuant to this chapter. When, after investigation and	94014
inspection, the director is satisfied that this chapter and rules	94015
adopted pursuant to it are complied with, subject to division (G)	94016
of this section, a provisional license shall be issued as soon as	94017
practicable in such form and manner as prescribed by the director.	94018
The provisional license shall be valid for twelve months from the	94019
date of issuance unless revoked.	94020

(C) The director shall investigate and inspect the center or	94021
type A home at least once during operation under the provisional	94022
license. If after the investigation and inspection the director	94023
determines that the requirements of this chapter and rules adopted	94024
pursuant to this chapter are met, subject to division (G) of this	94025
section, the director shall issue a license to the center or home.	94026

(D) The license or provisional license shall state the name	94027
of the licensee, the name of the administrator, the address of the	94028
center or type A home, and the license capacity for each age	94029
category of children. The license or provisional license shall	94030
include thereon, in accordance with section 5104.011 of the	94031
Revised Code, the toll-free telephone number to be used by persons	94032
suspecting that the center or type A home has violated a provision	94033
of this chapter or rules adopted pursuant to this chapter. A	94034
license or provisional license is valid only for the licensee,	94035
administrator, address, and license capacity for each age category	94036
of children designated on the license. The license capacity	94037
specified on the license or provisional license is the maximum	94038
number of children in each age category that may be cared for in	94039
the center or type A home at one time.	94040

The center or type A home licensee shall notify the director	94041
when the administrator of the center or home changes. The director	94042
shall amend the current license or provisional license to reflect	94043
a change in an administrator, if the administrator meets the	94044
requirements of Chapter 5104. of the Revised Code and rules	94045
adopted pursuant to Chapter 5104. of the Revised Code, or a change	94046
in license capacity for any age category of children as determined	94047
by the director of job and family services.	94048

(E) If the director revokes the license of a center or a type	94049
A home, the director shall not issue another license to the owner	94050
of the center or type A home until five years have elapsed from	94051
the date the license is revoked.	94052

If the director denies an application for a license, the	94053
director shall not accept another application from the applicant	94054
until five years have elapsed from the date the application is	94055
denied.	94056

(F) If during the application for licensure process the	94057
director determines that the license of the owner has been	94058
revoked, the investigation of the center or type A home shall	94059
cease. This action does not constitute denial of the application	94060
and may not be appealed under division (G) of this section.	94061

(G) All actions of the director with respect to licensing	94062
centers or type A homes, refusal to license, and revocation of a	94063
license shall be in accordance with Chapter 119. of the Revised	94064
Code. Any applicant who is denied a license or any owner whose	94065
license is revoked may appeal in accordance with section 119.12 of	94066
the Revised Code.	94067

(H) In no case shall the director issue a license or	94068
provisional license under this section for a type A home or center	94069
if the director, based on documentation provided by the	94070
appropriate county department of job and family services,	94071
determines that the applicant previously had been certified as a	94072
type B family day-care home, that the county department revoked	94073
that certification within the immediately preceding five years,	94074
that the revocation was based on the applicant's refusal or	94075
inability to comply with the criteria for certification, and that	94076
the refusal or inability resulted in a risk to the health or	94077
safety of children.	94078

Sec. 5104.08. (A) There is hereby created in the department	94079
of job and family services a child care advisory council to advise	94080
and assist the department in the administration of this chapter	94081
and in the development of child care. The council shall consist of	94082
twenty-two voting members appointed by the director of job and	94083
family services with the approval of the governor. The director of	94084
job and family services, the director of developmental	94085
disabilities, the director of ~~mental health~~mental health and	94086
addiction services, the superintendent of public instruction, the	94087
director of health, the director of commerce, and the state fire	94088
marshal shall serve as nonvoting members of the council.	94089

Six members shall be representatives of child care centers	94090
subject to licensing, the members to represent a variety of	94091
centers, including nonprofit and proprietary, from different	94092
geographical areas of the state. At least three members shall be	94093
parents, guardians, or custodians of children receiving child care	94094
or publicly funded child care in the child's own home, a center, a	94095
type A home, a head start program, a certified type B home, or a	94096
type B home at the time of appointment. Three members shall be	94097
representatives of in-home aides, type A homes, certified type B	94098
homes, or type B homes or head start programs. At least six	94099
members shall represent county departments of job and family	94100
services. The remaining members shall be representatives of the	94101
teaching, child development, and health professions, and other	94102
individuals interested in the welfare of children. At least six	94103
members of the council shall not be employees or licensees of a	94104
child day-care center, head start program, or type A home, or	94105
providers operating a certified type B home or type B home, or	94106
in-home aides.	94107

Appointments shall be for three-year terms. Vacancies shall	94108
be filled for the unexpired terms. A member of the council is	94109
subject to removal by the director of job and family services for	94110
a willful and flagrant exercise of authority or power that is not	94111
authorized by law, for a refusal or willful neglect to perform any	94112
official duty as a member of the council imposed by law, or for	94113
being guilty of misfeasance, malfeasance, nonfeasance, or gross	94114
neglect of duty as a member of the council.	94115

There shall be two co-chairpersons of the council. One	94116
co-chairperson shall be the director of job and family services or	94117
the director's designee, and one co-chairperson shall be elected	94118
by the members of the council. The council shall meet as often as	94119
is necessary to perform its duties, provided that it shall meet at	94120
least once in each quarter of each calendar year and at the call	94121
of the co-chairpersons. The co-chairpersons or their designee	94122
shall send to each member a written notice of the date, time, and	94123
place of each meeting.	94124

Members of the council shall serve without compensation, but	94125
shall be reimbursed for necessary expenses.	94126

(B) The child care advisory council shall advise the director	94127
on matters affecting the licensing of centers and type A homes and	94128
the certification of type B homes and in-home aides. The council	94129
shall make an annual report to the director of job and family	94130
services that addresses the availability, affordability,	94131
accessibility, and quality of child care and that summarizes the	94132
recommendations and plans of action that the council has proposed	94133
to the director during the preceding fiscal year. The director of	94134
job and family services shall provide copies of the report to the	94135
governor, speaker and minority leader of the house of	94136
representatives, and the president and minority leader of the	94137
senate and, on request, shall make copies available to the public.	94138

(C) The director of job and family services shall adopt rules	94139
pursuant to Chapter 119. of the Revised Code to implement this	94140
section.	94141

Sec. 5104.11. (A)(1) Every person desiring to receive	94142
certification for a type B family day-care home to provide	94143
publicly funded child care shall apply for certification to the	94144
county director of job and family services on such forms as the	94145
director of job and family services prescribes. The county	94146
director shall provide at no charge to each applicant a copy of	94147
rules for certifying type B family day-care homes adopted pursuant	94148
to this chapter.	94149

(2) Except as provided in division (G)(1) of section 5104.011	94150
of the Revised Code, after receipt of an application for	94151
certification from a type B family day-care home, the county	94152
director of job and family services shall inspect the home. If it	94153
complies with this chapter and any applicable rules adopted under	94154
this chapter, the county department shall certify the type B	94155
family day-care home to provide publicly funded child care	94156
pursuant to this chapter and any rules adopted under it. The	94157
director of job and family services or a county director of job	94158
and family services may contract with a government entity or a	94159
private nonprofit entity for that entity to inspect and certify	94160
type B family day-care homes pursuant to this section. The county	94161
department of job and family services, government entity, or	94162
nonprofit entity shall conduct the inspection prior to the	94163
issuance of a certificate for the type B home and, as part of that	94164
inspection, ensure that the type B home is safe and sanitary.	94165

(3)(a) On receipt of an application for certification for a	94166
type B family day-care home to provide publicly funded child care	94167
or for renewal of such certification, the county department shall	94168
request from ~~both of the following~~the public children services	94169
agency information concerning any abuse or neglect report made	94170
pursuant to section 2151.421 of the Revised Code of which the	94171
applicant, any other adult residing in the applicant's home, or a	94172
person designated by the applicant to be an emergency or	94173
substitute caregiver for the applicant is the subject:	94174

~~(i) The public children services agency, until the county~~	94175
~~department is notified by the department of job and family~~	94176
~~services that the uniform statewide automated child welfare~~	94177
~~information system has been finalized statewide;~~	94178

~~(ii) Upon receipt of notification under division (D) of~~	94179
~~section 5101.13 of the Revised Code that the uniform statewide~~	94180
~~automated child welfare information system has been implemented~~	94181
~~statewide, the uniform statewide automated child welfare~~	94182
~~information system via the department~~.	94183

(b) The county department shall consider any information	94184
provided by the agency ~~or the department~~ pursuant to section	94185
5153.175 of the Revised Code. If the county department determines	94186
that the information, when viewed within the totality of the	94187
circumstances, reasonably leads to the conclusion that the	94188
applicant may directly or indirectly endanger the health, safety,	94189
or welfare of children, the county department shall deny the	94190
application for certification or renewal of certification, or	94191
revoke the certification of an authorized provider.	94192

(c) As used in division (A)(3) of this section, "public	94193
children services agency" means either an entity separate from the	94194
county department or the part of the county department that serves	94195
as the county's public children services agency, as appropriate.	94196

(4) Except as provided in division (A)(5) of this section, an	94197
authorized provider of a type B family day-care home that receives	94198
a certificate pursuant to this section to provide publicly funded	94199
child care is an independent contractor and is not an employee of	94200
the county department of job and family services that issues the	94201
certificate.	94202

(5) For purposes of Chapter 4141. of the Revised Code,	94203
determinations concerning the employment of an authorized provider	94204
of a type B family day-care home that receives a certificate	94205
pursuant to this section shall be determined under Chapter 4141.	94206
of the Revised Code.	94207

(B)(1) If the county director of job and family services	94208
determines that the type B family day-care home complies with this	94209
chapter and any rules adopted under it, the county director shall	94210
issue to the provider a certificate to provide publicly funded	94211
child care~~, which~~. The certificate is valid for twelve months,	94212
unless revoked earlier. ~~The county director may revoke the~~	94213
~~certificate after determining that revocation is necessary.~~ The	94214
authorized provider shall post the certificate in a conspicuous	94215
place in the certified type B home that is accessible to parents,	94216
custodians, or guardians at all times. The certificate shall state	94217
the name and address of the authorized provider, the maximum	94218
number of children who may be cared for at any one time in the	94219
certified type B home, the expiration date of the certification,	94220
and the name and telephone number of the county director who	94221
issued the certificate.	94222

(2) The county director may revoke a certificate to provide	94223
publicly funded child care in either of the following	94224
circumstances:	94225

(a) The county director determines, pursuant to rules adopted	94226
under Chapter 119. of the Revised Code, that revocation is	94227
necessary;	94228

(b) The authorized provider does not comply with division	94229
(D)(2) of section 5104.32 of the Revised Code.	94230

(C)(1) The county director shall inspect every certified type	94231
B family day-care home at least twice within each twelve-month	94232
period of the operation of the certified type B home. A minimum of	94233
one inspection shall be unannounced and all inspections may be	94234
unannounced. Upon receipt of a complaint, the county director	94235
shall investigate the certified type B home, and division (C)(2)	94236
of this section applies regarding the complaint. The authorized	94237
provider shall permit the county director to inspect any part of	94238
the certified type B home. The county director shall prepare a	94239
written inspection report and furnish one copy to the authorized	94240
provider within a reasonable time after the inspection.	94241

(2) Upon receipt of a complaint as described in division	94242
(C)(1) of this section, in addition to the investigation that is	94243
required under that division, both of the following apply:	94244

(a) If the complaint alleges that a child suffered physical	94245
harm while receiving child care at the certified type B family	94246
day-care home or that the noncompliance with law or act alleged in	94247
the complaint involved, resulted in, or poses a substantial risk	94248
of physical harm to a child receiving child care at the home, the	94249
county director shall inspect the home.	94250

(b) If division (C)(2)(a) of this section does not apply	94251
regarding the complaint, the county director may inspect the	94252
certified type B family day-care home.	94253

(3) Division (C)(2) of this section does not limit, restrict,	94254
or negate any duty of the county director to inspect a certified	94255
type B family day-care home that otherwise is imposed under this	94256
section, or any authority of the county director to inspect a home	94257
that otherwise is granted under this section when the county	94258
director believes the inspection is necessary and it is permitted	94259
under the grant.	94260

(D) The county director of job and family services, in	94261
accordance with rules adopted pursuant to section 5104.052 of the	94262
Revised Code regarding fire safety and fire prevention, shall	94263
inspect each type B home that applies to be certified that is	94264
providing or is to provide publicly funded child care.	94265

(E) All materials that are supplied by the department of job	94266
and family services to type A family day-care home providers, type	94267
B family day-care home providers, in-home aides, persons who	94268
desire to be type A family day-care home providers, type B family	94269
day-care home providers, or in-home aides, and caretaker parents	94270
shall be written at no higher than the sixth grade reading level.	94271
The department may employ a readability expert to verify its	94272
compliance with this division.	94273

Sec. 5104.12. (A) The county director of job and family	94274
services may certify in-home aides to provide publicly funded	94275
child care pursuant to this chapter and any rules adopted under	94276
it. Any in-home aide who receives a certificate pursuant to this	94277
section to provide publicly funded child care is an independent	94278
contractor and is not an employee of the county department of job	94279
and family services that issues the certificate.	94280

(B) Every person desiring to receive certification as an	94281
in-home aide shall apply for certification to the county director	94282
of job and family services on such forms as the director of job	94283
and family services prescribes. The county director shall provide	94284
at no charge to each applicant a copy of rules for certifying	94285
in-home aides adopted pursuant to this chapter.	94286

(C)(1) If the county director of job and family services	94287
determines that public funds are available and that the person	94288
complies with this chapter and any rules adopted under it, the	94289
county director shall certify the person as an in-home aide and	94290
issue the person a certificate to provide publicly funded child	94291
care for twelve months. ~~The county director may revoke the~~	94292
~~certificate after determining that revocation is necessary.~~ The	94293
county director shall furnish a copy of the certificate to the	94294
parent, custodian, or guardian. The certificate shall state the	94295
name and address of the in-home aide, the expiration date of the	94296
certification, and the name and telephone number of the county	94297
director who issued the certificate.	94298

(2) The county director may revoke the certificate in either	94299
of the following circumstances:	94300

(a) The county director determines, pursuant to rules adopted	94301
under Chapter 119. of the Revised Code, that revocation is	94302
necessary;	94303

(b) The in-home aide does not comply with division (D)(2) of	94304
section 5104.32 of the Revised Code.	94305

(D)(1) The county director of job and family services shall	94306
inspect every home of a child who is receiving publicly funded	94307
child care in the child's own home while the in-home aide is	94308
providing the services. Inspections may be unannounced. Upon	94309
receipt of a complaint, the county director shall investigate the	94310
in-home aide, shall investigate the home of a child who is	94311
receiving publicly funded child care in the child's own home, and	94312
division (D)(2) of this section applies regarding the complaint.	94313
The caretaker parent shall permit the county director to inspect	94314
any part of the child's home. The county director shall prepare a	94315
written inspection report and furnish one copy each to the in-home	94316
aide and the caretaker parent within a reasonable time after the	94317
inspection.	94318

(2) Upon receipt of a complaint as described in division	94319
(D)(1) of this section, in addition to the investigations that are	94320
required under that division, both of the following apply:	94321

(a) If the complaint alleges that a child suffered physical	94322
harm while receiving publicly funded child care in the child's own	94323
home from an in-home aide or that the noncompliance with law or	94324
act alleged in the complaint involved, resulted in, or poses a	94325
substantial risk of physical harm to a child receiving publicly	94326
funded child care in the child's own home from an in-home aide,	94327
the county director shall inspect the home of the child.	94328

(b) If division (D)(2)(a) of this section does not apply	94329
regarding the complaint, the county director may inspect the home	94330
of the child.	94331

(3) Division (D)(2) of this section does not limit, restrict,	94332
or negate any duty of the county director to inspect a home of a	94333
child who is receiving publicly funded child care from an in-home	94334
aide that otherwise is imposed under this section, or any	94335
authority of the county director to inspect such a home that	94336
otherwise is granted under this section when the county director	94337
believes the inspection is necessary and it is permitted under the	94338
grant.	94339

Sec. 5104.32. (A) Except as provided in division (C) of this	94340
section, all purchases of publicly funded child care shall be made	94341
under a contract entered into by a licensed child day-care center,	94342
licensed type A family day-care home, certified type B family	94343
day-care home, certified in-home aide, approved child day camp,	94344
licensed preschool program, licensed school child program, or	94345
border state child care provider and the department of job and	94346
family services. All contracts for publicly funded child care	94347
shall be contingent upon the availability of state and federal	94348
funds. The department shall prescribe a standard form to be used	94349
for all contracts for the purchase of publicly funded child care,	94350
regardless of the source of public funds used to purchase the	94351
child care. To the extent permitted by federal law and	94352
notwithstanding any other provision of the Revised Code that	94353
regulates state contracts or contracts involving the expenditure	94354
of state or federal funds, all contracts for publicly funded child	94355
care shall be entered into in accordance with the provisions of	94356
this chapter and are exempt from any other provision of the	94357
Revised Code that regulates state contracts or contracts involving	94358
the expenditure of state or federal funds.	94359

(B) Each contract for publicly funded child care shall	94360
specify at least the following:	94361

(1) That the provider of publicly funded child care agrees to	94362
be paid for rendering services at the lower of the rate	94363
customarily charged by the provider for children enrolled for	94364
child care or the reimbursement ceiling or rate of payment	94365
established pursuant to section 5104.30 of the Revised Code;	94366

(2) That, if a provider provides child care to an individual	94367
potentially eligible for publicly funded child care who is	94368
subsequently determined to be eligible, the department agrees to	94369
pay for all child care provided between the date the county	94370
department of job and family services receives the individual's	94371
completed application and the date the individual's eligibility is	94372
determined;	94373

(3) Whether the county department of job and family services,	94374
the provider, or a child care resource and referral service	94375
organization will make eligibility determinations, whether the	94376
provider or a child care resource and referral service	94377
organization will be required to collect information to be used by	94378
the county department to make eligibility determinations, and the	94379
time period within which the provider or child care resource and	94380
referral service organization is required to complete required	94381
eligibility determinations or to transmit to the county department	94382
any information collected for the purpose of making eligibility	94383
determinations;	94384

(4) That the provider, other than a border state child care	94385
provider, shall continue to be licensed, approved, or certified	94386
pursuant to this chapter and shall comply with all standards and	94387
other requirements in this chapter and in rules adopted pursuant	94388
to this chapter for maintaining the provider's license, approval,	94389
or certification;	94390

(5) That, in the case of a border state child care provider,	94391
the provider shall continue to be licensed, certified, or	94392
otherwise approved by the state in which the provider is located	94393
and shall comply with all standards and other requirements	94394
established by that state for maintaining the provider's license,	94395
certificate, or other approval;	94396

(6) Whether the provider will be paid by the state department	94397
of job and family services or in some other manner as prescribed	94398
by rules adopted under section 5104.42 of the Revised Code;	94399

(7) That the contract is subject to the availability of state	94400
and federal funds.	94401

(C) Unless specifically prohibited by federal law or by rules	94402
adopted under section 5104.42 of the Revised Code, the county	94403
department of job and family services shall give individuals	94404
eligible for publicly funded child care the option of obtaining	94405
certificates that the individual may use to purchase services from	94406
any provider qualified to provide publicly funded child care under	94407
section 5104.31 of the Revised Code. Providers of publicly funded	94408
child care may present these certificates for payment in	94409
accordance with rules that the director of job and family services	94410
shall adopt. Only providers may receive payment for certificates.	94411
The value of the certificate shall be based on the lower of the	94412
rate customarily charged by the provider or the rate of payment	94413
established pursuant to section 5104.30 of the Revised Code. The	94414
county department may provide the certificates to the individuals	94415
or may contract with child care providers or child care resource	94416
and referral service organizations that make determinations of	94417
eligibility for publicly funded child care pursuant to contracts	94418
entered into under section 5104.34 of the Revised Code for the	94419
providers or resource and referral service organizations to	94420
provide the certificates to individuals whom they determine are	94421
eligible for publicly funded child care.	94422

For each six-month period a provider of publicly funded child	94423
care provides publicly funded child care to the child of an	94424
individual given certificates, the individual shall provide the	94425
provider certificates for days the provider would have provided	94426
publicly funded child care to the child had the child been	94427
present. The maximum number of days providers shall be provided	94428
certificates shall not exceed ten days in a six-month period	94429
during which publicly funded child care is provided to the child	94430
regardless of the number of providers that provide publicly funded	94431
child care to the child during that period.	94432

(D)(1) The department shall establish the Ohio electronic	94433
child care system to track attendance and calculate payments for	94434
publicly funded child care. The system shall include issuing an	94435
electronic child care card to each caretaker parent to swipe	94436
through a point-of-service device issued to an eligible provider,	94437
as described in section 5104.31 of the Revised Code.	94438

(2) Each eligible provider that provides publicly funded	94439
child care shall participate in the Ohio electronic child care	94440
system. A provider participating in the system shall not do any of	94441
the following:	94442

(a) Use or have possession of an electronic child care card	94443
issued to a caretaker parent;	94444

(b) Falsify attendance records;

94445

(c) Knowingly seek payment for publicly funded child care	94446
that was not provided;	94447

(d) Knowingly accept reimbursement for publicly funded child	94448
care that was not provided.	94449

Sec. 5107.10. (A) As used in this section:

94450

(1) "Countable income," "gross earned income," and "gross	94451
unearned income" have the meanings established in rules adopted	94452
under section 5107.05 of the Revised Code.	94453

(2) "Federal poverty guidelines" has the same meaning as in	94454
section 5101.46 of the Revised Code, except that references to a	94455
person's family in the definition shall be deemed to be references	94456
to the person's assistance group.	94457

(3) "Gross income" means gross earned income and gross	94458
unearned income.	94459

(4) "Strike" means continuous concerted action in failing to	94460
report to duty; willful absence from one's position; or stoppage	94461
of work in whole from the full, faithful, and proper performance	94462
of the duties of employment, for the purpose of inducing,	94463
influencing, or coercing a change in wages, hours, terms, and	94464
other conditions of employment. "Strike" does not include a	94465
stoppage of work by employees in good faith because of dangerous	94466
or unhealthful working conditions at the place of employment that	94467
are abnormal to the place of employment.	94468

(B) Under the Ohio works first program, an assistance group	94469
shall receive, except as otherwise provided by this chapter,	94470
time-limited cash assistance. In the case of an assistance group	94471
that includes a minor head of household or adult, assistance shall	94472
be provided in accordance with the self-sufficiency contract	94473
entered into under section 5107.14 of the Revised Code.	94474

(C) To be eligible to participate in Ohio works first, an	94475
assistance group must meet all of the following requirements:	94476

(1) The assistance group, except as provided in division (E)	94477
of this section, must include at least one of the following:	94478

(a) A minor child who, except as provided in section 5107.24	94479
of the Revised Code, resides with a parent, or specified relative	94480
caring for the child, or, to the extent permitted by Title IV-A	94481
and federal regulations adopted until Title IV-A, resides with a	94482
guardian or custodian caring for the child;	94483

(b) A parent residing with and caring for the parent's minor	94484
child who receives supplemental security income under Title XVI of	94485
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	94486
as amended, or federal, state, or local adoption assistance;	94487

(c) A specified relative residing with and caring for a minor	94488
child who is related to the specified relative in a manner that	94489
makes the specified relative a specified relative and receives	94490
supplemental security income or federal, state, or local foster	94491
care or adoption assistance;	94492

(d) A woman at least six months pregnant.

94493

(2) The assistance group must meet the income requirements	94494
established by division (D) of this section.	94495

(3) No member of the assistance group may be involved in a	94496
strike.	94497

(4) The assistance group must satisfy the requirements for	94498
Ohio works first established by this chapter and ~~sections 5101.58,~~	94499
~~5101.59, and~~section 5101.83 of the Revised Code.	94500

(5) The assistance group must meet requirements for Ohio	94501
works first established by rules adopted under section 5107.05 of	94502
the Revised Code.	94503

(D)(1) Except as provided in division (D)(4) of this section,	94504
to determine whether an assistance group is initially eligible to	94505
participate in Ohio works first, a county department of job and	94506
family services shall do the following:	94507

(a) Determine whether the assistance group's gross income	94508
exceeds fifty per cent of the federal poverty guidelines. In	94509
making this determination, the county department shall disregard	94510
amounts that federal statutes or regulations and sections 5101.17	94511
and 5117.10 of the Revised Code require be disregarded. The	94512
assistance group is ineligible to participate in Ohio works first	94513
if the assistance group's gross income, less the amounts	94514
disregarded, exceeds fifty per cent of the federal poverty	94515
guidelines.	94516

(b) If the assistance group's gross income, less the amounts	94517
disregarded pursuant to division (D)(1)(a) of this section, does	94518
not exceed fifty per cent of the federal poverty guidelines,	94519
determine whether the assistance group's countable income is less	94520
than the payment standard. The assistance group is ineligible to	94521
participate in Ohio works first if the assistance group's	94522
countable income equals or exceeds the payment standard.	94523

(2) For the purpose of determining whether an assistance	94524
group meets the income requirement established by division	94525
(D)(1)(a) of this section, the annual revision that the United	94526
States department of health and human services makes to the	94527
federal poverty guidelines shall go into effect on the first day	94528
of July of the year for which the revision is made.	94529

(3) To determine whether an assistance group participating in	94530
Ohio works first continues to be eligible to participate, a county	94531
department of job and family services shall determine whether the	94532
assistance group's countable income continues to be less than the	94533
payment standard. In making this determination, the county	94534
department shall disregard the first two hundred fifty dollars and	94535
fifty per cent of the remainder of the assistance group's gross	94536
earned income. No amounts shall be disregarded from the assistance	94537
group's gross unearned income. The assistance group ceases to be	94538
eligible to participate in Ohio works first if its countable	94539
income, less the amounts disregarded, equals or exceeds the	94540
payment standard.	94541

(4) If an assistance group reapplies to participate in Ohio	94542
works first not more than four months after ceasing to	94543
participate, a county department of job and family services shall	94544
use the income requirement established by division (D)(3) of this	94545
section to determine eligibility for resumed participation rather	94546
than the income requirement established by division (D)(1) of this	94547
section.	94548

(E)(1) An assistance group may continue to participate in	94549
Ohio works first even though a public children services agency	94550
removes the assistance group's minor children from the assistance	94551
group's home due to abuse, neglect, or dependency if the agency	94552
does both of the following:	94553

(a) Notifies the county department of job and family services	94554
at the time the agency removes the children that it believes the	94555
children will be able to return to the assistance group within six	94556
months;	94557

(b) Informs the county department at the end of each of the	94558
first five months after the agency removes the children that the	94559
parent, guardian, custodian, or specified relative of the children	94560
is cooperating with the case plans prepared for the children under	94561
section 2151.412 of the Revised Code and that the agency is making	94562
reasonable efforts to return the children to the assistance group.	94563

(2) An assistance group may continue to participate in Ohio	94564
works first pursuant to division (E)(1) of this section for not	94565
more than six payment months. This division does not affect the	94566
eligibility of an assistance group that includes a woman at least	94567
six months pregnant.	94568

Sec. 5107.14. (A) An assistance group is ineligible to	94569
participate in Ohio works first unless the following enter into a	94570
written self-sufficiency contract with the county department of	94571
job and family services:	94572

(1) Each adult member of the assistance group;

94573

(2) The assistance group's minor head of household.

94574

(B) A self-sufficiency contract shall set forth the rights	94575
and responsibilities of the assistance group as applicants for and	94576
participants of Ohio works first. Each self-sufficiency contract	94577
shall include, based on appraisals conducted under section 5107.41	94578
of the Revised Code and assessments conducted under section	94579
5107.70 of the Revised Code, the following:	94580

(1) The assistance group's plan, developed under section	94581
5107.41 of the Revised Code, to achieve the goal of self	94582
sufficiency and personal responsibility through unsubsidized	94583
employment within the time limit for participating in Ohio works	94584
first established by section 5107.18 of the Revised Code;	94585

(2) Work activities, developmental activities, and	94586
alternative work activities to which members of the assistance	94587
group are assigned under sections 5107.40 to 5107.69 of the	94588
Revised Code;	94589

(3) The responsibility of a caretaker member of the	94590
assistance group to cooperate in establishing a minor child's	94591
paternity and establishing, modifying, and enforcing a support	94592
order for the child in accordance with section 5107.22 of the	94593
Revised Code;	94594

(4) Other responsibilities that members of the assistance	94595
group must satisfy to participate in Ohio works first and the	94596
consequences for failure or refusal to satisfy the	94597
responsibilities;	94598

(5) An agreement that, except as otherwise provided in a	94599
waiver issued under section 5107.714 of the Revised Code, the	94600
assistance group will comply with the conditions of participating	94601
in Ohio works first established by this chapter and ~~sections~~	94602
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	94603

(6) Assistance and services the county department will	94604
provide to the assistance group;	94605

(7) Assistance and services the child support enforcement	94606
agency and public children services agency will provide to the	94607
assistance group pursuant to a plan of cooperation entered into	94608
under section 307.983 of the Revised Code;	94609

(8) Other provisions designed to assist the assistance group	94610
in achieving self sufficiency and personal responsibility;	94611

(9) Procedures for assessing whether responsibilities are	94612
being satisfied and whether the contract should be amended;	94613

(10) Procedures for amending the contract.

94614

(C) No self-sufficiency contract shall include provisions	94615
regarding the LEAP program.	94616

(D) The county department shall provide without charge a copy	94617
of the self-sufficiency contract to each assistance group member	94618
who signs it.	94619

Sec. 5107.16. (A) If a member of an assistance group fails	94620
or refuses, without good cause, to comply in full with a provision	94621
of a self-sufficiency contract entered into under section 5107.14	94622
of the Revised Code, a county department of job and family	94623
services shall sanction the assistance group as follows:	94624

(1) For a first failure or refusal, the county department	94625
shall deny or terminate the assistance group's eligibility to	94626
participate in Ohio works first for one payment month or until the	94627
failure or refusal ceases, whichever is longer;	94628

(2) For a second failure or refusal, the county department	94629
shall deny or terminate the assistance group's eligibility to	94630
participate in Ohio works first for three payment months or until	94631
the failure or refusal ceases, whichever is longer;	94632

(3) For a third or subsequent failure or refusal, the county	94633
department shall deny or terminate the assistance group's	94634
eligibility to participate in Ohio works first for six payment	94635
months or until the failure or refusal ceases, whichever is	94636
longer.	94637

(B) The director of job and family services shall establish	94638
standards for the determination of good cause for failure or	94639
refusal to comply in full with a provision of a self-sufficiency	94640
contract in rules adopted under section 5107.05 of the Revised	94641
Code.	94642

(C) An assistance group member who fails or refuses, without	94643
good cause, to comply in full with a provision of a	94644
self-sufficiency contract must complete all compliance activities	94645
specified in rules adopted under section 5107.05 of the Revised	94646
Code in order for the failure or refusal to be considered to have	94647
ceased.	94648

(D) After sanctioning an assistance group under division (A)	94649
of this section, a county department of job and family services	94650
shall continue to work with the assistance group.	94651

(E) An adult eligible for medicaid ~~pursuant to division~~	94652
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	94653
under division (A)(3) of this section for a failure or refusal,	94654
without good cause, to comply in full with a provision of a	94655
self-sufficiency contract related to work responsibilities under	94656
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	94657
for medicaid unless the adult is otherwise eligible for medicaid	94658
pursuant to ~~another division of section 5111.01 of the Revised~~	94659
~~Code~~an eligibility category other than the category associated	94660
with Title IV-A.	94661

An assistance group that would be participating in Ohio works	94662
first if not for a sanction under this section shall continue to	94663
be eligible for all of the following:	94664

(1) Publicly funded child care in accordance with division	94665
(A)(3) of section 5104.30 of the Revised Code;	94666

(2) Support services in accordance with section 5107.66 of	94667
the Revised Code;	94668

(3) To the extent permitted by the "Fair Labor Standards Act	94669
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	94670
in work activities, developmental activities, and alternative work	94671
activities in accordance with sections 5107.40 to 5107.69 of the	94672
Revised Code.	94673

Sec. 5107.20. As used in this section, "support" means child	94674
support, spousal support, and support for a spouse or a former	94675
spouse.	94676

Participation in Ohio works first constitutes an assignment	94677
to the department of job and family services of any rights members	94678
of an assistance group have to support from any other person,	94679
~~excluding medical support assigned pursuant to section 5101.59 of~~	94680
~~the Revised Code~~. The rights to support assigned to the department	94681
pursuant to this section constitute an obligation of the person	94682
who is responsible for providing the support to the state for the	94683
amount of cash assistance provided to the assistance group.	94684

The office of child support in the department of job and	94685
family services shall collect and distribute support payments owed	94686
to Ohio works first participants, whether assigned to the	94687
department or unassigned, in accordance with 42 U.S.C. 654 B and	94688
657 and regulations adopted under those statutes, state statutes,	94689
and rules adopted under section 5107.05 of the Revised Code.	94690

Upon implementation of centralized collection and	94691
disbursement under Chapter 3121. of the Revised Code, in	94692
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	94693
under those statutes, the department shall deposit support	94694
payments it receives pursuant to this section into the state	94695
treasury to the credit of the child support collections fund or	94696
the child support administrative fund, both of which are hereby	94697
created. Money credited to the funds shall be used to make cash	94698
assistance payments under Ohio works first.	94699

Sec. 5107.24. (A) As used in this section:

94700

(1) "Adult-supervised living arrangement" means a family	94701
setting approved, licensed, or certified by the department of job	94702
and family services, the department of ~~mental health~~mental health	94703
and addiction services, the department of developmental	94704
disabilities, the department of youth services, a public children	94705
services agency, a private child placing agency, or a private	94706
noncustodial agency that is maintained by a person age eighteen or	94707
older who assumes responsibility for the care and control of a	94708
minor parent, pregnant minor, or child of a minor parent or	94709
provides the minor parent, pregnant minor, or child of a minor	94710
parent supportive services, including counseling, guidance, and	94711
supervision. "Adult-supervised living arrangement" does not mean a	94712
public institution.	94713

(2) "Child of a minor parent" means a child born to a minor	94714
parent, except that the child ceases to be considered a child of	94715
minor parent when the minor parent attains age eighteen.	94716

(3) "Minor parent" means a parent who is under age eighteen	94717
and is not married.	94718

(4) "Pregnant minor" means a pregnant person who is under age	94719
eighteen and not married.	94720

(B)(1) Except as provided in division (B)(2) of this section	94721
and to the extent permitted by Title IV-A and federal regulations	94722
adopted under Title IV-A, a pregnant minor, minor parent, or child	94723
of a minor parent must reside in a place of residence maintained	94724
by a parent, guardian, custodian, or specified relative of the	94725
pregnant minor or minor parent as the parent's, guardian's,	94726
custodian's, or specified relative's own home to be eligible to	94727
participate in Ohio works first.	94728

(2) To the extent permitted by Title IV-A and federal	94729
regulations adopted under it, a pregnant minor, minor parent, or	94730
child of a minor parent is exempt from the requirement of division	94731
(B)(1) of this section if any of the following apply:	94732

(a) The minor parent or pregnant minor does not have a	94733
parent, guardian, custodian, or specified relative living or whose	94734
whereabouts are known.	94735

(b) No parent, guardian, custodian, or specified relative of	94736
the minor parent or pregnant minor will allow the pregnant minor,	94737
minor parent, or minor parent's child to live in the parent's,	94738
guardian's, custodian's, or specified relative's home.	94739

(c) The department of job and family services, a county	94740
department of job and family services, or a public children	94741
services agency determines that the physical or emotional health	94742
or safety of the pregnant minor, minor parent, or minor parent's	94743
child would be in jeopardy if the pregnant minor, minor parent, or	94744
minor parent's child lived in the same home as the parent,	94745
guardian, custodian, or specified relative.	94746

(d) The department of job and family services, a county	94747
department of job and family services, or a public children	94748
services agency otherwise determines that it is in the best	94749
interest of the pregnant minor, minor parent, or minor parent's	94750
child to waive the requirement of division (B)(1) of this section.	94751

(C) A pregnant minor, minor parent, or child of a minor	94752
parent exempt from the requirement of division (B)(1) of this	94753
section must reside in an adult-supervised living arrangement to	94754
be eligible to participate in Ohio works first.	94755

(D) The department of job and family services, whenever	94756
possible and to the extent permitted by Title IV-A and federal	94757
regulations adopted under it, shall provide cash assistance under	94758
Ohio works first to the parent, guardian, custodian, or specified	94759
relative of a pregnant minor or minor parent on behalf of the	94760
pregnant minor, minor parent, or minor parent's child.	94761

Sec. 5107.26. (A) As used in this section:

94762

~~(1) "Transitional~~, "transitional child care" means publicly	94763
funded child care provided under division (A)(3) of section	94764
5104.34 of the Revised Code.	94765

~~(2) "Transitional medicaid" means the medical assistance~~	94766
~~provided under section 5111.0115 of the Revised Code.~~	94767

(B) Except as provided in division (C) of this section~~, each~~:

94768

(1) Each member of an assistance group participating in Ohio	94769
works first is ineligible to participate in the program for six	94770
payment months if a county department of job and family services	94771
determines that a member of the assistance group terminated the	94772
member's employment ~~and each~~.	94773

(2) Each person who, on the day prior to the day a recipient	94774
begins to receive transitional child care ~~or transitional~~	94775
~~medicaid~~, was a member of the recipient's assistance group is	94776
ineligible to participate in Ohio works first for six payment	94777
months if a county department determines that the recipient	94778
terminated the recipient's employment.	94779

(C) No assistance group member shall lose or be denied	94780
eligibility to participate in Ohio works first pursuant to	94781
division (B) of this section if the termination of employment was	94782
because an assistance group member or recipient of transitional	94783
child care ~~or transitional medicaid~~ secured comparable or better	94784
employment or the county department of job and family services	94785
certifies that the member or recipient terminated the employment	94786
with just cause.	94787

Just cause includes the following:

94788

(1) Discrimination by an employer based on age, race, sex,	94789
color, handicap, religious beliefs, or national origin;	94790

(2) Work demands or conditions that render continued	94791
employment unreasonable, such as working without being paid on	94792
schedule;	94793

(3) Employment that has become unsuitable due to any of the	94794
following:	94795

(a) The wage is less than the federal minimum wage;

94796

(b) The work is at a site subject to a strike or lockout,	94797
unless the strike has been enjoined under section 208 of the	94798
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	94799
178, as amended, an injunction has been issued under section 10 of	94800
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	94801
amended, or an injunction has been issued under section 4117.16 of	94802
the Revised Code;	94803

(c) The documented degree of risk to the member or	94804
recipient's health and safety is unreasonable;	94805

(d) The member or recipient is physically or mentally unfit	94806
to perform the employment, as documented by medical evidence or by	94807
reliable information from other sources.	94808

(4) Documented illness of the member or recipient or of	94809
another assistance group member of the member or recipient	94810
requiring the presence of the member or recipient;	94811

(5) A documented household emergency;

94812

(6) Lack of adequate child care for children of the member or	94813
recipient who are under six years of age.	94814

Sec. 5107.42. (A) Except as provided in divisions (B) and	94815
(C) of this section, county departments of job and family services	94816
shall assign each minor head of household and adult participating	94817
in Ohio works first, other than a minor head of household	94818
participating in the LEAP program, to one or more work activities	94819
and developmental activities.	94820

If a county department assigns a minor head of household or	94821
adult to the work activity established under division (H) of	94822
section 5107.60 of the Revised Code, the county department shall	94823
make reasonable efforts to assign the minor head of household or	94824
adult to at least one other work activity at the same time. If a	94825
county department assigns a minor head of household or adult to	94826
the work activity established under section 5107.58 of the Revised	94827
Code, the county department shall assign the minor head of	94828
household or adult to at least one other work activity at the same	94829
time.	94830

A county department may not assign a minor head of household	94831
or adult to a work activity established under division (D) of	94832
section 5107.60 of the Revised Code for more than twelve months.	94833

(B) If a county department determines that a minor head of	94834
household or adult has a temporary or permanent barrier to	94835
participation in a work activity, it may assign the minor head of	94836
household or adult to one or more alternative work activities	94837
instead of assigning the minor head of household or adult to one	94838
or more work activities or developmental activities. A county	94839
department may not assign more than twenty per cent of minor heads	94840
of household and adults participating in Ohio works first to an	94841
alternative work activity.	94842

County departments shall establish standards for determining	94843
whether a minor head of household or adult has a temporary or	94844
permanent barrier to participating in a work activity. The	94845
following are examples of circumstances that a county department	94846
may consider when it develops its standards:	94847

(1) A minor head of household or adult provides the county	94848
department documented evidence that one or more members of the	94849
assistance group have been the victim of domestic violence and are	94850
in imminent danger of suffering continued domestic violence;	94851

(2) A minor head of household or adult is actively	94852
participating in ~~an alcohol or drug~~a community addiction ~~program~~	94853
services provider certified by the department of ~~alcohol and drug~~	94854
~~addiction services~~mental health and addiction services under	94855
section ~~3793.06~~5119.36 of the Revised Code;	94856

(3) An assistance group is homeless.

94857

(C) A county department may exempt a minor head of household	94858
or adult who is unmarried and caring for a minor child under	94859
twelve months of age from the work requirements of sections	94860
5107.40 to 5107.69 of the Revised Code for not more than twelve	94861
months. While exempt, the minor head of household or adult shall	94862
be disregarded in determining whether the county department is	94863
meeting the requirement of section 5107.44 of the Revised Code.	94864
The county department shall assign the exempt minor head of	94865
household or adult to at least one developmental activity for a	94866
number of hours a week the county department determines. The	94867
county department may assign the exempt minor head of household or	94868
adult to one or more work activities, in addition to developmental	94869
activities, for a number of hours the county department	94870
determines. Division (B) of section 5107.43 of the Revised Code	94871
does not apply to the exempt minor head of household or adult.	94872

(D) A county department may reassign a minor head of	94873
household or adult when the county department determines	94874
reassignment will aid the assistance group in achieving self	94875
sufficiency and personal responsibility and shall make	94876
reassignments when circumstances requiring reassignment occur,	94877
including when a temporary barrier to participating in a work	94878
activity is eliminated.	94879

A county department shall include assignments in the	94880
self-sufficiency contract entered into under section 5107.14 of	94881
the Revised Code and shall amend the contract when a reassignment	94882
is made to include the reassignment in the contract.	94883

Sec. 5107.64. County departments of job and family services	94884
shall establish and administer alternative work activities for	94885
minor heads of households and adults participating in Ohio works	94886
first. In establishing alternative work activities, county	94887
departments are not limited by the restrictions Title IV-A imposes	94888
on work activities. The following are examples of alternative work	94889
activities that a county department may establish:	94890

(A) Parenting classes and life-skills training;

94891

(B) Participation in ~~an alcohol or drug~~a community addiction	94892
~~program~~services provider certified by the department of ~~alcohol~~	94893
~~and drug addiction services~~mental health and addiction services	94894
under section ~~3793.06~~5119.36 of the Revised Code;	94895

(C) In the case of a homeless assistance group, finding a	94896
home;	94897

(D) In the case of a minor head of household or adult with a	94898
disability, active work in an individual written rehabilitation	94899
plan with the ~~rehabilitation services commission~~opportunities for	94900
Ohioans with disabilities agency;	94901

(E) In the case of a minor head of household or adult who has	94902
been the victim of domestic violence, residing in a domestic	94903
violence shelter, receiving counseling or treatment related to the	94904
domestic violence, or participating in criminal justice activities	94905
against the domestic violence offender;	94906

(F) An education program under which a participant who does	94907
not speak English attends English as a second language course.	94908

Sec. 5115.20. (A) The department of job and family services	94909
shall establish a disability advocacy program and each county	94910
department of job and family services shall establish a disability	94911
advocacy program unit or join with other county departments of job	94912
and family services to establish a joint county disability	94913
advocacy program unit. Through the program the department and	94914
county departments shall cooperate in efforts to assist applicants	94915
for and recipients of assistance under the disability financial	94916
assistance program, who might be eligible for supplemental	94917
security income benefits under Title XVI of the "Social Security	94918
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	94919
applying for those benefits.	94920

As part of their disability advocacy programs, the state	94921
department and county departments may enter into contracts for the	94922
services of persons and government entities that in the judgment	94923
of the department or county department have demonstrated expertise	94924
in representing persons seeking supplemental security income	94925
benefits. Each contract shall require the person or entity with	94926
which a department contracts to assess each person referred to it	94927
by the department to determine whether the person appears to be	94928
eligible for supplemental security income benefits, and, if the	94929
person appears to be eligible, assist the person in applying and	94930
represent the person in any proceeding of the social security	94931
administration, including any appeal or reconsideration of a	94932
denial of benefits. The department or county department shall	94933
provide to the person or entity with which it contracts all	94934
records in its possession relevant to the application for	94935
supplemental security income benefits. The department shall	94936
require a county department with relevant records to submit them	94937
to the person or entity.	94938

(B) Each applicant for or recipient of disability financial	94939
assistance who, in the judgment of the department of job and	94940
family services or a county department of job and family services	94941
might be eligible for supplemental security benefits, shall, as a	94942
condition of eligibility for assistance, apply for such benefits	94943
if directed to do so by the department or county department.	94944

(C) With regard to applicants for and recipients of	94945
disability financial assistance, each county department of job and	94946
family services shall do all of the following:	94947

(1) Identify applicants and recipients who might be eligible	94948
for supplemental security income benefits;	94949

(2) Assist applicants and recipients in securing	94950
documentation of disabling conditions or refer them for such	94951
assistance to a person or government entity with which the	94952
department of job and family services or county department has	94953
contracted under division (A) of this section;	94954

(3) Inform applicants and recipients of available sources of	94955
representation, which may include a person or government entity	94956
with which the department or county department has contracted	94957
under division (A) of this section, and of their right to	94958
represent themselves in reconsiderations and appeals of social	94959
security administration decisions that deny them supplemental	94960
security income benefits. The county department may require the	94961
applicants and recipients, as a condition of eligibility for	94962
assistance, to pursue reconsiderations and appeals of social	94963
security administration decisions that deny them supplemental	94964
security income benefits, and shall assist applicants and	94965
recipients as necessary to obtain such benefits or refer them to a	94966
person or government entity with which the department or county	94967
department has contracted under division (A) of this section.	94968

(4) Require applicants and recipients who, in the judgment of	94969
the county department, are or may be aged, blind, or disabled, to	94970
apply for ~~medical assistance under Chapter 5111. of the Revised~~	94971
~~Code~~the medicaid program, make determinations when appropriate as	94972
to eligibility for ~~medical assistance~~medicaid, and refer their	94973
applications when necessary to the disability determination unit	94974
established in accordance with division (F) of this section for	94975
expedited review;	94976

(5) Require each applicant and recipient who in the judgment	94977
of the department or the county department might be eligible for	94978
supplemental security income benefits, as a condition of	94979
eligibility for disability financial assistance, to execute a	94980
written authorization for the secretary of health and human	94981
services to withhold benefits due that individual and pay to the	94982
director of job and family services or the director's designee an	94983
amount sufficient to reimburse the state and county shares of	94984
interim assistance furnished to the individual. For the purposes	94985
of division (C)(5) of this section, "benefits" and "interim	94986
assistance" have the meanings given in Title XVI of the "Social	94987
Security Act."	94988

(D) The director of job and family services shall adopt rules	94989
in accordance with section 111.15 of the Revised Code for the	94990
effective administration of the disability advocacy program. The	94991
rules shall include all of the following:	94992

(1) Methods to be used in collecting information from and	94993
disseminating it to county departments, including the following:	94994

(a) The number of individuals in the county who are disabled	94995
recipients of disability financial assistance;	94996

(b) The final decision made either by the social security	94997
administration or by a court for each application or	94998
reconsideration in which an individual was assisted pursuant to	94999
this section.	95000

(2) The type and process of training to be provided by the	95001
department of job and family services to the employees of the	95002
county department of job and family services who perform duties	95003
under this section;	95004

(3) Requirements for the written authorization required by	95005
division (C)(5) of this section.	95006

(E) The department of job and family services shall provide	95007
basic and continuing training to employees of the county	95008
department of job and family services who perform duties under	95009
this section. Training shall include but not be limited to all	95010
processes necessary to obtain federal disability benefits, and	95011
methods of advocacy.	95012

(F) The department of medicaid shall establish a disability	95013
determination unit and develop guidelines for expediting reviews	95014
of applications for ~~medical assistance under Chapter 5111. of the~~	95015
~~Revised Code~~the medicaid program for persons who have been	95016
referred to the unit under division (C)(4) of this section. The	95017
department of medicaid shall make determinations of eligibility	95018
for ~~medical assistance~~medicaid for any such person within the	95019
time prescribed by federal regulations.	95020

(G) The department of job and family services may, under	95021
rules the director of job and family services adopts in accordance	95022
with section 111.15 of the Revised Code, pay a portion of the	95023
federal reimbursement described in division (C)(5) of this section	95024
to persons or government entities that assist or represent	95025
assistance recipients in reconsiderations and appeals of social	95026
security administration decisions denying them supplemental	95027
security income benefits.	95028

(H) The director of job and family services shall conduct	95029
investigations to determine whether disability advocacy programs	95030
are being administered in compliance with the Revised Code and the	95031
rules adopted by the director pursuant to this section.	95032

Sec. 5117.10. (A) On or before the fifteenth day of January,	95033
the director of development shall pay each applicant determined	95034
eligible for a payment under divisions (A) and (B) of section	95035
5117.07 of the Revised Code one hundred twenty-five dollars.	95036

(B) The director may withhold from any payment to which a	95037
person would otherwise be entitled under division (A) of this	95038
section any amount that the director determines was erroneously	95039
received by such person in a preceding year under this or the	95040
program established under Am. Sub. H.B. 230, as amended by Am.	95041
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	95042
523 of the 112th general assembly, provided the director has	95043
employed all other legal methods reasonably available to obtain	95044
reimbursement for the erroneous payment or credit prior to the	95045
commencement of the current program year.	95046

(C) Payments made under this section and credits granted	95047
under section 5117.09 of the Revised Code shall not be considered	95048
income for the purpose of determining eligibility or the level of	95049
benefits or assistance under section 329.042 or Chapters 5107.,	95050
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	95051
supplemental security income payments under Title XVI of the	95052
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	95053
amended; or any other program under which eligibility or the level	95054
of benefits or assistance is based upon need measured by income.	95055

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

95056

(1) "Addiction" means the chronic and habitual use of	95057
alcoholic beverages, the use of a drug of abuse as defined in	95058
section 3719.011 of the Revised Code, or the use of gambling by an	95059
individual to the extent that the individual no longer can control	95060
the individual's use of alcohol, the individual becomes physically	95061
or psychologically dependent on the drug, the individual's use of	95062
alcohol or drugs endangers the health, safety, or welfare of the	95063
individual or others, or the individual's gambling causes	95064
psychological, financial, emotional, marital, legal, or other	95065
difficulties endangering the health, safety, or welfare of the	95066
individual or others.	95067

(2) "Addiction services" means services, including	95068
intervention, for the treatment of persons with alcohol, drug, or	95069
gambling addictions, and for the prevention of such addictions.	95070

(3) "Alcohol and drug addiction services" means services,	95071
including intervention, for the treatment of alcoholics or persons	95072
who abuse drugs of abuse and for the prevention of alcoholism and	95073
drug addiction.	95074

(4) "Alcoholic" means a person suffering from alcoholism.

95075

(5) "Alcoholism" means the chronic and habitual use of	95076
alcoholic beverages by an individual to the extent that the	95077
individual no longer can control the individual's use of alcohol	95078
or endangers the health, safety, or welfare of the individual or	95079
others.	95080

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

95081

~~(3)~~(6) "Community addiction services provider" means an	95082
agency, association, corporation, individual, or program that	95083
provides community alcohol, drug addiction, or gambling addiction	95084
services that are certified by the department of mental health and	95085
addiction services under section 5119.36 of the Revised Code.	95086

(7) "Community mental health services provider" means an	95087
agency, association, corporation, individual, or program that	95088
provides community mental health services that are certified by	95089
the department of mental health and addiction services under	95090
section 5119.36 of the Revised Code.	95091

(8) "Drug addiction" means the use of a drug of abuse, as	95092
defined in section 3719.011 of the Revised Code, by an individual	95093
to the extent that the individual becomes physically or	95094
psychologically dependent on the drug or endangers the health,	95095
safety, or welfare of the individual or others.	95096

~~(4) "Alcohol and drug addiction services" means services,~~	95097
~~including intervention, for the treatment of alcoholics or persons~~	95098
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	95099
~~drug addiction.~~	95100

~~(5) "Alcohol and drug addiction program" means a program that~~	95101
~~provides alcohol or drug addiction services and includes a~~	95102
~~facility or entity that operates such a program.~~	95103

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	95104
individual to the extent that it causes psychological, financial,	95105
emotional, marital, legal, or other difficulties endangering the	95106
health, safety, or welfare of the individual or others.	95107

~~(7)~~(10) "Gambling addiction services" means services for the	95108
treatment of persons who have a gambling addiction and for the	95109
prevention of gambling addiction.	95110

(11) "Hospital" means a hospital or inpatient unit licensed	95111
by the department of mental health and addiction services under	95112
section 5119.33 of the Revised Code, and any institution,	95113
hospital, or other place established, controlled, or supervised by	95114
the department under Chapter 5119. of the Revised Code.	95115

(12) "Mental illness" means a substantial disorder of	95116
thought, mood, perception, orientation, or memory that grossly	95117
impairs judgment, behavior, capacity to recognize reality, or	95118
ability to meet the ordinary demands of life.	95119

(13) "Mental health services" means services for the	95120
assessment, care, or treatment of persons who have a mental	95121
illness as defined in this section.	95122

(14)(a) "Residence" means a person's physical presence in a	95123
county with intent to remain there, except in either of the	95124
following circumstances:	95125

(i) If a person is receiving a mental health service at a	95126
facility that includes nighttime sleeping accommodations,	95127
"residence" means that county in which the person maintained the	95128
person's primary place of residence at the time the person entered	95129
the facility;	95130

(ii) If a person is committed pursuant to section 2945.38,	95131
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	95132
"residence" means the county where the criminal charges were	95133
filed.	95134

(b) When the residence of a person is disputed, the matter of	95135
residence shall be referred to the department of mental health and	95136
addiction services for investigation and determination. Residence	95137
shall not be a basis for a board of alcohol, drug addiction, and	95138
mental health services to deny services to any person present in	95139
the board's service district, and the board shall provide services	95140
for a person whose residence is in dispute while residence is	95141
being determined and for a person in an emergency situation.	95142

(B) Any reference in this chapter to a board of alcohol, drug	95143
addiction, and mental health services also refers to an alcohol	95144
and drug addiction services board or a community mental health	95145
board in a service district in which an alcohol and drug addiction	95146
services board or a community mental health board has been	95147
established under section 340.021 or former section 340.02 of the	95148
Revised Code.	95149

Sec. 5119.04. The department of ~~mental health~~mental health	95150
and addiction services and any institutions under its supervision	95151
or jurisdiction shall, where applicable, be in substantial	95152
compliance with standards set forth for psychiatric facilities by	95153
the joint commission ~~on accreditation of healthcare organizations~~	95154
or medical assistance standards under Title XIX of the "Social	95155
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	95156
other applicable standards~~, except that the department and any~~	95157
~~institution under its supervision or jurisdiction shall be in~~	95158
~~substantial compliance with standards for physical facilities and~~	95159
~~equipment by July 1, 1989. The requirements of this section do not~~	95160
~~apply to any facility designated by the director of mental health~~	95161
~~for use as a psychiatric rehabilitation center~~.	95162

The requirements of this section are in addition to any other	95163
requirements established by the Revised Code and nothing in this	95164
section shall be construed to limit any rights, privileges,	95165
protections, or immunities which may exist under the constitution	95166
and laws of the United States or this state.	95167

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	95168
of ~~mental health~~mental health and addiction services, each	95169
institution under the jurisdiction of the department shall be	95170
under the management and control of a managing officer to be known	95171
as a ~~superintendent~~chief executive officer or by another	95172
appropriate title. Such managing officer shall be appointed by the	95173
director of ~~mental health~~mental health and addiction services,	95174
and shall be in the unclassified service and serve at the pleasure	95175
of the director. Each managing officer shall be of good moral	95176
character and have skill, ability, and experience in ~~his~~the	95177
managing officer's profession. ~~Appointment to this position may be~~	95178
~~made from persons holding positions in the classified service in~~	95179
~~the department.~~	95180

The managing officer, under the director, shall ~~have entire~~	95181
~~executive charge~~serve as the appointing authority of the	95182
institution ~~for~~to which such managing officer is appointed.	95183
Subject to civil service rules, the managing officer shall have	95184
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	95185
~~the director may remove such employees for cause~~of the	95186
institution. On behalf of the institution, the managing officer	95187
has the authority and responsibility for entering into contracts	95188
and other agreements for the efficient operations of the	95189
institution.	95190

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	95191
mental health and addiction services shall keep in its office a	95192
proper and complete set of books and accounts with each	95193
institution, which shall clearly show the nature and amount of	95194
every expenditure authorized and made at such institution, and	95195
which shall contain an account of all appropriations made by the	95196
general assembly and of all other funds, together with the	95197
disposition of such funds.	95198

The department shall prescribe the form of vouchers, records,	95199
and methods of keeping accounts at each of the institutions, which	95200
shall be as nearly uniform as possible. The department may examine	95201
the records of each institution at any time.	95202

The department may authorize any of its ~~bookeepers~~	95203
bookkeepers, accountants, or employees to examine and check the	95204
records, accounts, and vouchers or take an inventory of the	95205
property of any institution, or do whatever is necessary, and pay	95206
the actual and reasonable expenses incurred in such service when	95207
an itemized account is filed and approved.	95208

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	95209
health and addiction services shall keep in its office, accessible	95210
only to its employees, except by the consent of the department or	95211
the order of the judge of a court of record, a record showing the	95212
name, residence, sex, age, nativity, occupation, condition, and	95213
date of entrance or commitment of every patient in the	95214
institutions governed by it, the date, cause, and terms of	95215
discharge and the condition of such person at the time of leaving,	95216
and also a record of all transfers from one institution to	95217
another, and, if such person dies while in the care or custody of	95218
the department, the date and cause of death. These and such other	95219
facts as the department requires shall be furnished by the	95220
managing officer of each institution within twenty-four hours	95221
after the commitment, entrance, death, or discharge of a patient.	95222

In case of an accident or injury or peculiar death of a	95223
patient the managing officer shall make a special report to the	95224
department within twenty-four hours thereafter, giving the	95225
circumstances as fully as possible.	95226

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	95227
file a petition in the court of common pleas of the county in	95228
which a benevolent institution of the department of mental health	95229
and addiction services is located, in which petition the desire to	95230
erect or carry on at a less distance than that prescribed in	95231
section 3767.19 of the Revised Code shall be set forth, the	95232
business prohibited, the precise point of its establishment, and	95233
the reasons and circumstances, in its opinion, why the erection or	95234
carrying on ~~thereof~~of the business would not annoy or endanger	95235
the health, convenience, or recovery of the patients of such	95236
institution. The petitioner shall give notice in a newspaper of	95237
general circulation in the county of the pendency and prayer of	95238
the petition for at least six consecutive weeks before the day set	95239
for hearing the petition and serve a written notice upon the	95240
~~superintendent~~managing officer of the institution at least thirty	95241
days before the day set for hearing the petition.	95242

If, upon the hearing of the petition, it appears that the	95243
notice has been given as required and the court is of the opinion	95244
that no good reason exists why such establishment may not be	95245
erected or such business carried on and that by the erection or	95246
carrying on ~~thereof~~of the business at the point named, the	95247
institution will sustain no detriment, the court may issue an	95248
order granting the prayer of the petitioner. Thereafter the	95249
petitioner may locate such establishment or carry on such business	95250
at the point named in the petition.	95251

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	95252
has the same meaning as in section 109.511 of the Revised Code.	95253

(B)(1) Subject to division (C) of this section, upon the	95254
recommendation of the director of ~~mental health~~mental health and	95255
addiction services, the managing officer of an institution under	95256
the jurisdiction of the department of ~~mental health~~mental health	95257
and addiction services may designate one or more employees to be	95258
special police officers of the department. The special police	95259
officers shall take an oath of office, wear the badge of office,	95260
and give bond for the proper and faithful discharge of their	95261
duties in an amount that the director requires.	95262

(2) In accordance with section 109.77 of the Revised Code,	95263
the special police officers shall be required to complete	95264
successfully a peace officer basic training program approved by	95265
the Ohio peace officer training commission and to be certified by	95266
the commission. The cost of the training shall be paid by the	95267
department of ~~mental health~~mental health and addiction services.	95268

(3) Special police officers, on the premises of institutions	95269
under the jurisdiction of the department of ~~mental health~~mental	95270
health and addiction services and subject to the rules of the	95271
department, shall protect the property of the institutions and the	95272
persons and property of patients in the institutions, suppress	95273
riots, disturbances, and breaches of the peace, and enforce the	95274
laws of the state and the rules of the department for the	95275
preservation of good order. They may arrest any person without a	95276
warrant and detain the person until a warrant can be obtained	95277
under the circumstances described in division (F) of section	95278
2935.03 of the Revised Code.	95279

(C)(1) The managing officer of an institution under the	95280
jurisdiction of the department of ~~mental health~~mental health and	95281
addiction services shall not designate an employee as a special	95282
police officer of the department pursuant to division (B)(1) of	95283
this section on a permanent basis, on a temporary basis, for a	95284
probationary term, or on other than a permanent basis if the	95285
employee previously has been convicted of or has pleaded guilty to	95286
a felony.	95287

(2)(a) The managing officer of an institution under the	95288
jurisdiction of the department of ~~mental health~~mental health and	95289
addiction services shall terminate the employment as a special	95290
police officer of the department of an employee designated as a	95291
special police officer under division (B)(1) of this section if	95292
that employee does either of the following:	95293

(i) Pleads guilty to a felony;

95294

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	95295
plea agreement as provided in division (D) of section 2929.43 of	95296
the Revised Code in which the employee agrees to surrender the	95297
certificate awarded to that employee under section 109.77 of the	95298
Revised Code.	95299

(b) The managing officer shall suspend from employment as a	95300
special police officer of the department an employee designated as	95301
a special police officer under division (B)(1) of this section if	95302
that employee is convicted, after trial, of a felony. If the	95303
special police officer files an appeal from that conviction and	95304
the conviction is upheld by the highest court to which the appeal	95305
is taken or if the special police officer does not file a timely	95306
appeal, the managing officer shall terminate the employment of	95307
that special police officer. If the special police officer files	95308
an appeal that results in that special police officer's acquittal	95309
of the felony or conviction of a misdemeanor, or in the dismissal	95310
of the felony charge against that special police officer, the	95311
managing officer shall reinstate that special police officer. A	95312
special police officer of the department who is reinstated under	95313
division (C)(2)(b) of this section shall not receive any back pay	95314
unless that special police officer's conviction of the felony was	95315
reversed on appeal, or the felony charge was dismissed, because	95316
the court found insufficient evidence to convict the special	95317
police officer of the felony.	95318

(3) Division (C) of this section does not apply regarding an	95319
offense that was committed prior to January 1, 1997.	95320

(4) The suspension from employment, or the termination of the	95321
employment, of a special police officer under division (C)(2) of	95322
this section shall be in accordance with ~~Chapter 119. of the~~	95323
~~Revised Code~~applicable collective bargaining agreements.	95324

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	95325
all ~~suits~~claims instituted on behalf of or against the department	95326
of mental health and addiction services or any institution under	95327
the jurisdiction of the department ~~of mental health~~ and the	95328
managing officer thereof, except such institutions as are	95329
privately owned or operated under a license from the department of	95330
~~mental health~~mental health and addiction services, and shall	95331
represent the public hospital in proceedings under section 5122.15	95332
of the Revised Code. The department of ~~mental health~~mental health	95333
and addiction services shall reimburse the attorney general for	95334
the compensation of assistant attorneys general required to	95335
represent the public hospital in proceedings under section 5122.15	95336
of the Revised code and shall also pay the costs of litigation	95337
incurred by the attorney general under that section.	95338

If a writ of habeas corpus is applied for, the clerk of the	95339
court shall give notice of the time and place of hearing to the	95340
attorney general.	95341

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	95342
mental health and addiction services is the chief executive and	95343
~~administrative officer~~appointing authority of the department of	95344
~~mental health~~mental health and addiction services. The director	95345
may organize the department for its efficient operation, including	95346
creating divisions or offices as necessary. The director may	95347
establish procedures for the governance of the department, conduct	95348
of its employees and officers, performance of its business, and	95349
custody, use, and preservation of departmental records, papers,	95350
books, documents, and property. Whenever the Revised Code imposes	95351
a duty upon or requires an action of the department or any of its	95352
institutions, the director or the director's designee shall	95353
perform the action or duty in the name of the department, except	95354
that the medical director appointed pursuant to section ~~5119.07~~	95355
5119.11 of the Revised Code shall be responsible for decisions	95356
relating to medical diagnosis, treatment, rehabilitation, quality	95357
assurance, and the clinical aspects of the following: licensure of	95358
hospitals and residential facilities, research, community	95359
addiction and mental health services plans, and certification and	95360
delivery of mental health and addiction services.	95361

(B) The director shall:

95362

~~(A)~~(1) Adopt rules for the proper execution of the powers and	95363
duties of the department with respect to the institutions under	95364
its control, and require the performance of additional duties by	95365
the officers of the institutions as necessary to fully meet the	95366
requirements, intents, and purposes of this chapter. In case of an	95367
apparent conflict between the powers conferred upon any managing	95368
officer and those conferred by such sections upon the department,	95369
the presumption shall be conclusive in favor of the department.	95370

~~(B)~~(2) Adopt rules for the nonpartisan management of the	95371
institutions under the department's control. An officer or	95372
employee of the department or any officer or employee of any	95373
institution under its control who, by solicitation or otherwise,	95374
exerts influence directly or indirectly to induce any other	95375
officer or employee of the department or any of its institutions	95376
to adopt the exerting officer's or employee's political views or	95377
to favor any particular person, issue, or candidate for office	95378
shall be removed from the exerting officer's or employee's office	95379
or position, by the department in case of an officer or employee,	95380
and by the governor in case of the director.	95381

~~(C)~~(3) Appoint such employees, including the medical	95382
director, as are necessary for the efficient conduct of the	95383
department, and prescribe their titles and duties;	95384

~~(D)~~(4) Prescribe the forms of affidavits, applications,	95385
medical certificates, orders of hospitalization and release, and	95386
all other forms, reports, and records that are required in the	95387
hospitalization or admission and release of all persons to the	95388
institutions under the control of the department, or are otherwise	95389
required under this chapter or Chapter 5122. of the Revised Code;	95390

~~(E) Contract with hospitals licensed by the department under~~	95391
~~section 5119.20 of the Revised Code for the care and treatment of~~	95392
~~mentally ill patients, or with persons, organizations, or agencies~~	95393
~~for the custody, evaluation, supervision, care, or treatment of~~	95394
~~mentally ill persons receiving services elsewhere than within the~~	95395
~~enclosure of a hospital operated under section 5119.02 of the~~	95396
~~Revised Code;~~	95397

~~(F)~~(5) Exercise the powers and perform the duties relating to	95398
community addiction and mental health facilities and services that	95399
are assigned to the director under this chapter and Chapter 340.	95400
of the Revised Code;	95401

~~(G)~~(6) Develop and implement clinical evaluation and	95402
monitoring of services that are operated by the department;	95403

~~(H)~~(7) Adopt rules establishing standards for the performance	95404
of evaluations by a forensic center or other psychiatric program	95405
or facility of the mental condition of defendants ordered by the	95406
court under section 2919.271, or 2945.371 of the Revised Code, and	95407
for the treatment of defendants who have been found incompetent to	95408
stand trial and ordered by the court under section 2945.38,	95409
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	95410
treatment in facilities;	95411

~~(I)~~(8) On behalf of the department, have the authority and	95412
responsibility for entering into contracts and other agreements;	95413
with providers, agencies, institutions, and other entities, both	95414
public and private, as necessary for the department to carry out	95415
its duties under this chapter and Chapters 340., 2919., 2945., and	95416
5122. of the Revised Code. Chapter 125. of the Revised Code does	95417
not apply to contracts the director enters into under this section	95418
for services provided to individuals with mental illness by	95419
providers, agencies, institutions, and other entities not owned or	95420
operated by the department.	95421

~~(J) Prepare and publish regularly a state mental health plan~~	95422
~~that describes the department's philosophy, current activities,~~	95423
~~and long-term and short-term goals and activities;~~	95424

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	95425
Revised Code specifying the supplemental services that may be	95426
provided through a trust authorized by section 5815.28 of the	95427
Revised Code;	95428

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	95429
Revised Code establishing standards for the maintenance and	95430
distribution to a beneficiary of assets of a trust authorized by	95431
section 5815.28 of the Revised Code.	95432

(C) The director may contract with hospitals licensed by the	95433
department under section 5119.33 of the Revised Code for the care	95434
and treatment of mentally ill patients, or with persons,	95435
organizations, or agencies for the custody, evaluation,	95436
supervision, care, or treatment of mentally ill persons receiving	95437
services elsewhere than within the enclosure of a hospital	95438
operated under section 5119.14 of the Revised Code.	95439

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	95440
mental health and addiction services shall appoint a medical	95441
director who ~~is a psychiatrist as defined in division (E) of~~	95442
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	95443
the American board of psychiatry and neurology or the American	95444
osteopathic board of neurology and psychiatry, and has at least	95445
five years of clinical and two years of administrative experience.	95446
The medical director shall also have certification or substantial	95447
training and experience in the field of addiction medicine or	95448
addiction psychiatry. The medical director shall be responsible	95449
for decisions relating to medical diagnosis, treatment,	95450
prevention, rehabilitation, quality assurance, and the clinical	95451
aspects of mental health and addiction services involving all of	95452
the following: ~~licensure~~	95453

(1) Licensure of hospitals ~~and~~, residential facilities,	95454
~~research, community mental health~~and outpatient facilities;	95455

(2) Research;

95456

(3) Community addiction and mental health services plans,;

95457

(4) Certification and delivery of mental health and addiction	95458
services. ~~The~~	95459

(B) The medical director shall also exercise clinical	95460
supervision of the chief clinical officers of hospitals and	95461
institutions under the jurisdiction of the department and shall	95462
review and approve decisions relating to the employment of the	95463
chief clinical officers. The medical director or ~~his~~the medical	95464
director's designee shall advise the director on matters relating	95465
to licensure, research, ~~community mental health plans,~~ and the	95466
certification and delivery of mental health and addiction services	95467
and community plans. The medical director shall participate in the	95468
development of guidelines for community addiction and mental	95469
health services plans. The director of ~~mental health~~mental	95470
health and addiction services may establish other duties of the	95471
medical director. ~~The medical director shall participate in the~~	95472
~~development of guidelines for community mental health plans.~~	95473

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	95474
mental health and addiction services shall maintain, operate,	95475
manage, and govern state institutions and other services for the	95476
care and treatment of mentally ill persons.	95477

(B)(1) The department of ~~mental health~~mental health and	95478
addiction services may, with the approval of the governor,	95479
designate ~~all~~the name and purpose of any institutions under its	95480
jurisdiction ~~by appropriate respective names, regardless of~~	95481
~~present statutory designation~~and may change, with the approval of	95482
the governor, the designation and name when necessary.	95483

~~(C)~~(2) The department shall divide the state into districts	95484
for the purpose of designating the institution in which mentally	95485
ill persons are hospitalized and may change the districts.	95486

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	95487
of the Revised Code and on the agreement of the departments of	95488
~~mental health~~mental health and addiction services and youth	95489
services, the department of ~~mental health~~mental health and	95490
addiction services may receive from the department of youth	95491
services for psychiatric observation, diagnosis, or treatment any	95492
person eighteen years of age or older in the custody of the	95493
department of youth services. The departments ~~shall~~may enter into	95494
a written agreement specifying the procedures necessary to	95495
implement this division.	95496

~~(D)~~(C) The department of ~~mental health~~mental health and	95497
addiction services shall designate hospitals, facilities, and	95498
community mental health ~~agencies~~services providers for the	95499
custody, care, and special treatment of, and authorize payment for	95500
such custody, care, and special treatment provided to, persons who	95501
are charged with a crime and who are found incompetent to stand	95502
trial or not guilty by reason of insanity.	95503

~~(E)~~(D) The department of ~~mental health~~mental health and	95504
addiction services may do ~~all~~any of the following:	95505

(1) Require reports from the managing officer of any	95506
institution under the department's jurisdiction, relating to the	95507
admission, examination, comprehensive evaluation, diagnosis,	95508
release, or discharge of any patient;	95509

(2) Visit each institution regularly to review its operations	95510
and to investigate complaints made by any patient or by any person	95511
on behalf of a patient, provided these duties may be performed by	95512
a person designated by the director.	95513

~~(F) The department of mental health shall divide the state~~	95514
~~into districts for the purpose of designating the institution in~~	95515
~~which mentally ill persons are hospitalized, and may change the~~	95516
~~districts.~~	95517

~~(G)~~(E) The department of mental health and addiction services	95518
may provide or contract to provide addiction services for	95519
offenders incarcerated in the state prison system.	95520

(F) In addition to the powers expressly conferred, the	95521
department of ~~mental health~~mental health and addiction services	95522
shall have all powers and authority necessary for the full and	95523
efficient exercise of the executive, administrative, and fiscal	95524
supervision over the state institutions described in this section.	95525

~~(H) The department of mental health may provide for the~~	95526
~~custody, supervision, control, treatment, and training of mentally~~	95527
~~ill persons hospitalized elsewhere than within the enclosure of a~~	95528
~~hospital, if the department so determines with respect to any~~	95529
~~individual or group of individuals. In all such cases, the~~	95530
~~department shall ensure adequate and proper supervision for the~~	95531
~~protection of such persons and of the public.~~	95532

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	95533
mental health and addiction services has all the authority	95534
necessary to carry out its powers and duties under this chapter	95535
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	95536
including the authority to adopt rules pursuant to Chapter 119. of	95537
the Revised Code that may be necessary to carry out the purposes	95538
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	95539
Revised Code.	95540

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	95541
health and addiction services may make such investigations as are	95542
necessary in the performance of its duties and to that end the	95543
director of ~~mental health~~mental health and addiction services	95544
shall have the same power as a judge of a county court to	95545
administer oaths and to enforce the attendance and testimony of	95546
witnesses and the production of books or papers.	95547

The department shall keep a record of such investigations	95548
stating the time, place, charges or subject, witnesses summoned	95549
and examined, and its conclusions.	95550

In matters involving the conduct of an officer, a	95551
stenographic report of the evidence shall be taken and a copy of	95552
such report, with all documents introduced, kept on file at the	95553
office of the department.	95554

The fees of witnesses for attendance and travel shall be the	95555
same as in the court of common pleas, but no officer or employee	95556
of the institution under investigation is entitled to such fees.	95557

Any judge of the probate court or of the court of common	95558
pleas, upon application of the department, may compel the	95559
attendance of witnesses, the production of books or papers, and	95560
the giving of testimony before the department, by a judgment for	95561
contempt or otherwise, in the same manner as in cases before such	95562
courts.	95563

The department of ~~mental health~~mental health and addiction	95564
services may appoint and commission any competent agency or	95565
person, to serve without compensation, as a special agent,	95566
investigator, or representative to perform a designated duty for	95567
the department. Specific credentials shall be given by the	95568
department to each person so designated. Each credential shall	95569
state the:	95570

(A) Name of the agent, investigator, or representative;

95571

(B) Agency with which such person is connected;

95572

95573

(D) Date of expiration of appointment;

95574

(E) Such information as the department considers proper.

95575

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	95576
~~addiction services~~mental health and addiction services, in	95577
conjunction with the department of job and family services, shall	95578
develop a joint state plan to improve the accessibility and	95579
timeliness of alcohol and drug addiction services for individuals	95580
identified by a public children services agency as in need of	95581
those services. The plan shall address the fact that Ohio works	95582
first participants may be among the persons receiving services	95583
under section 340.15 of the Revised Code and shall require the	95584
department of job and family services to seek federal funds	95585
available under Title IV-A of the "Social Security Act," 49 Stat.	95586
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	95587
services to Ohio works first participants who are receiving	95588
services under section 340.15 of the Revised Code.	95589

The plan shall address the need and manner for sharing	95590
information and include a request for the general assembly to	95591
appropriate an amount of funds specified in the report to be used	95592
by the departments to pay for services under section 340.15 of the	95593
Revised Code. The departments shall review and amend the plan as	95594
necessary.	95595

Not later than the first day of July of each even-numbered	95596
year, the departments shall submit a report on the progress made	95597
under the joint state plan to the governor, president of the	95598
senate, and speaker of the house of representatives. The report	95599
shall include information on treatment capacity, needs	95600
assessments, and number of individuals who received services	95601
pursuant to section 340.15 of the Revised Code.	95602

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	95603
~~addiction services~~mental health and addiction services, in	95604
accordance with division (B) of this section, shall give priority	95605
to developing, and promptly shall develop, with available public	95606
and private resources a program that does all of the following:	95607

(1) Provides a manner of identifying the aggregate number of	95608
pregnant women in this state who are addicted to a drug of abuse;	95609

(2) Provides for an effective means of intervention to	95610
eliminate the addiction of pregnant women to drugs of abuse prior	95611
to the birth of their children;	95612

(3) Provides for the continued monitoring of women who were	95613
addicted to a drug of abuse during their pregnancies, after the	95614
birth of their children, and for the availability of treatment and	95615
rehabilitation for those women;	95616

(4) Provides a manner of determining the aggregate number of	95617
children who are born in this state to women who are addicted, at	95618
the time of birth, to a drug of abuse, and of children who are	95619
born in this state with an addiction to or a dependency on a drug	95620
of abuse;	95621

(5) Provides for the continued monitoring of children who are	95622
born in this state to women who are addicted, at the time of	95623
birth, to a drug of abuse, or who are born in this state with an	95624
addiction to or dependency on a drug of abuse, after their birth;	95625

(6) Provides for the treatment and rehabilitation of any	95626
child who is born to a woman who is addicted, at the time of	95627
birth, to a drug of abuse, and of any child who is born with an	95628
addiction to or dependency on a drug of abuse.	95629

(B) In developing the program described in division (A) of	95630
this section, the department may obtain information from the	95631
department of health and the department of job and family	95632
services, and those departments shall cooperate with the	95633
department of ~~alcohol and drug addiction services~~mental health	95634
and addiction services in its development and implementation of	95635
the program.	95636

(C) Immediately upon its development of the program described	95637
in division (A) of this section, the department shall implement	95638
the program.	95639

(D) Any record or information that is obtained or maintained	95640
by the department in connection with the program described in	95641
division (A) of this section and could enable the identification	95642
of any woman or child described in division (A)(1) or (4) of this	95643
section is not a public record subject to inspection or copying	95644
under section 149.43 of the Revised Code.	95645

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	95646
person who holds a certified or permanent position in the	95647
classified service within the department of ~~mental health~~mental	95648
health and addiction services to a position in the unclassified	95649
service within the department. A person appointed pursuant to this	95650
section to a position in the unclassified service shall retain the	95651
right to resume the position and status held by the person in the	95652
classified service immediately prior to the person's appointment	95653
to the position in the unclassified service, ~~regardless of the~~	95654
~~number of positions the person held in the unclassified service.~~	95655
~~An employee's right to resume a position in the classified service~~	95656
~~may only be exercised when an appointing authority demotes the~~	95657
~~employee to a pay range lower than the employee's current pay~~	95658
~~range or revokes the employee's appointment to the unclassified~~	95659
~~service. An employee forfeits the right to resume a position in~~	95660
~~the classified service when the employee is removed from the~~	95661
~~position in the unclassified service due to incompetence,~~	95662
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	95663
~~insubordination, discourteous treatment of the public, neglect of~~	95664
~~duty, violation of this chapter or Chapter 124. of the Revised~~	95665
~~Code, violation of the rules of the director of administrative~~	95666
~~services or the director of mental health, any other failure of~~	95667
~~good behavior, any other acts of misfeasance, malfeasance, or~~	95668
~~nonfeasance in office, or conviction of a felony. An employee also~~	95669
~~forfeits the right to resume a position in the classified service~~	95670
~~upon transfer to a different agency.~~	95671

~~Reinstatement to a position in the classified service shall~~	95672
~~be to a position substantially equal to that position in the~~	95673
~~classified service held previously, as certified by the director~~	95674
~~of administrative services. If the position the person previously~~	95675
~~held in the classified service has been placed in the unclassified~~	95676
~~service or is otherwise unavailable, the person shall be appointed~~	95677
~~to a position in the classified service within the department that~~	95678
~~the director of administrative services certifies is comparable in~~	95679
~~compensation to the position the person previously held in the~~	95680
~~classified service. Service in the position in the unclassified~~	95681
~~service shall be counted as service in the position in the~~	95682
~~classified service held by the person immediately prior to the~~	95683
~~person's appointment to the position in the unclassified service.~~	95684
~~When a person is reinstated to a position in the classified~~	95685
~~service as provided in this section, the person is entitled to all~~	95686
~~rights, status, and benefits accruing to the position in the~~	95687
~~classified service during the person's time of service in the~~	95688
~~position in the unclassified service~~pursuant to division (D) of	95689
section 124.11 of the Revised Code.	95690

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	95691
appoint a person to fill a position in either the classified or	95692
unclassified service of the department of ~~mental health~~mental	95693
health and addiction services if the person has been convicted of	95694
or pleaded guilty to a violation of the following:	95695

(1) Any felony contained in the Revised Code, if the felony	95696
bears a direct and substantial relationship to the position being	95697
filled;	95698

(2) Any crime contained in the Revised Code constituting a	95699
misdemeanor of the first degree on the first offense and a felony	95700
on subsequent offenses, if the crime bears a direct and	95701
substantial relationship to the position being filled;	95702

(3) An existing or former law of this state, any other state,	95703
or the United States, if the law violated is substantially	95704
equivalent to any of the offenses described in division (A)(1) or	95705
(2) of this section.	95706

(B) The director of ~~mental health~~mental health and addiction	95707
services shall adopt rules, in accordance with Chapter 119. of the	95708
Revised Code, to implement this section.	95709

(C) The director or an appointing officer shall request the	95710
bureau of criminal identification and investigation created by	95711
section 109.51 of the Revised Code or, at ~~his~~the director's or	95712
appointing officer's discretion, any other state or federal	95713
agency, to supply ~~him~~the director or appointing officer with a	95714
written report regarding the criminal records of any applicant.	95715
For each investigation undertaken at the department's request	95716
under this section, the department shall pay a reasonable fee to	95717
the bureau or other state or federal agency conducting the	95718
investigation. The amount of the fee shall be determined by the	95719
bureau or other state or federal agency conducting the	95720
investigation and shall be sufficient to cover the costs of	95721
conducting the investigation. The report made by the bureau or	95722
other state or federal agency is not a public record for purposes	95723
of section 149.43 of the Revised Code and shall not be made	95724
available to any person, except the applicant, the director, the	95725
appointing officer or ~~his designee~~the appointing officer's	95726
designees, or any hearing officer involved in a case denying	95727
employment.	95728

(D) As used in this section, "applicant" means a person who	95729
is under final consideration for appointment to a position in the	95730
classified or unclassified service of the department of ~~mental~~	95731
~~health~~mental health and addiction services.	95732

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	95733
mental health and addiction services may require any of its	95734
employees and each officer and employee of every institution under	95735
its control who may be charged with custody or control of any	95736
money or property belonging to the state or who is required to	95737
give bond, to give a surety company bond, properly conditioned, in	95738
a sum to be fixed by the department which when approved by the	95739
department, shall be filed in the office of the secretary of	95740
state. The cost of such bonds, when approved by the department,	95741
shall be paid from funds available for the department. The bonds	95742
required or authorized by this section may, in the discretion of	95743
the director of ~~mental health~~mental health and addiction	95744
services, be individual, schedule, or blanket bonds.	95745

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	95746
mental health and addiction services may provide educational	95747
grants or tuition reimbursements to upgrade the education,	95748
training, and professional achievement of its employees, whenever	95749
it determines that provision of such grants or reimbursements is	95750
essential to the achievement of its goals. The department may	95751
enter into agreements with its employees for the purposes of this	95752
section. The agreements may require, as a condition of each grant	95753
or reimbursement, that the employee continue employment with the	95754
department or with another federal, state, or local public agency	95755
designated by the department for a period of time stated in the	95756
agreement. If an employee does not fulfill the employment	95757
requirement stated in the agreement, the department may take	95758
action to recover the amount of all educational grants or tuition	95759
reimbursements paid to the employee under this section, plus	95760
interest at the rate of ten per cent per year calculated from the	95761
date of payment of each grant or reimbursement.	95762

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	95763
"physician" means an individual authorized under Chapter 4731. of	95764
the Revised Code to practice medicine and surgery or osteopathic	95765
medicine and surgery.	95766

(B) The department of ~~mental health~~mental health and	95767
addiction services may establish a physician recruitment program	95768
under which the department agrees to repay all or part of the	95769
principal and interest of a government or other educational loan	95770
incurred by a physician who agrees to provide services to	95771
inpatients and outpatients of institutions under the department's	95772
administration. To be eligible to participate in the program, a	95773
physician must have attended a school that was, at the time of	95774
attendance, a medical school or osteopathic medical school in this	95775
country accredited by the liason committee on medical education or	95776
the American osteopathic association, or a medical school or	95777
osteopathic medical school located outside this country that was	95778
acknowledged by the world health organization and verified by a	95779
member state of that organization as operating within that state's	95780
jurisdiction.	95781

(C) The department shall enter into a contract with each	95782
physician it recruits under this section. Each contract shall	95783
include at least the following terms:	95784

(1) The physician agrees to provide a specified scope of	95785
medical or osteopathic medical services for a specified number of	95786
hours per week and a specified number of years to patients of one	95787
or more specified institutions administered by the department.	95788

(2) The department agrees to repay all or a specified portion	95789
of the principal and interest of a government or other educational	95790
loan taken by the physician for the following expenses if the	95791
physician meets the service obligation agreed to and the expenses	95792
were incurred while the physician was enrolled in, for up to a	95793
maximum of four years, a school that qualifies the physician to	95794
participate in the program:	95795

(a) Tuition;

95796

(b) Other educational expenses for specific purposes,	95797
including fees, books, and laboratory expenses, in amounts	95798
determined to be reasonable in accordance with rules adopted under	95799
division (D) of this section;	95800

(c) Room and board, in an amount determined to be reasonable	95801
in accordance with rules adopted under division (D) of this	95802
section.	95803

(3) The physician agrees to pay the department a specified	95804
amount, which shall be not less than the amount already paid by	95805
the department pursuant to its agreement, as damages if hethe	95806
physician fails to complete the service obligation agreed to or	95807
fails to comply with other specified terms of the contract. The	95808
contract may vary the amount of damages based on the portion of	95809
the physician's service obligation that remains uncompleted as	95810
determined by the department.	95811

(4) Other terms agreed upon by the parties.

95812

(D) If the department elects to implement the physician	95813
recruitment program, it shall adopt rules in accordance with	95814
Chapter 119. of the Revised Code that establish all of the	95815
following:	95816

(1) Criteria for designating institutions for which	95817
physicians will be recruited;	95818

(2) Criteria for selecting physicians for participation in	95819
the program;	95820

(3) Criteria for determining the portion of a physician's	95821
loan that the department will agree to repay;	95822

(4) Criteria for determining reasonable amounts of the	95823
expenses described in divisions (C)(2)(b) and (c) of this section;	95824

(5) Procedures for monitoring compliance by physicians with	95825
the terms of their contracts;	95826

(6) Any other criteria or procedures necessary to implement	95827
the program.	95828

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	95829
mental health and addiction services or the managing officer of an	95830
institution of the department may enter into an agreement with	95831
boards of trustees or boards of directors of one or more	95832
institutions of higher education or hospitals licensed pursuant to	95833
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	95834
and conduct collaborative training efforts for students enrolled	95835
in courses of studies for occupations or professions ~~which may be~~	95836
~~determined by the director upon the approval of the medical~~	95837
~~director to be in occupations or professions needed to provide~~	95838
~~adequate~~that involve the care and treatment for persons receiving	95839
mental health or addiction services.	95840

(B) Such collaborative training efforts may include but are	95841
not limited to programs in psychiatry, psychology, nursing, social	95842
work, counseling professions, and others considered appropriate by	95843
the director of ~~mental health~~mental health and addiction	95844
services. Any such program shall be approved or accredited by its	95845
respective professional organization or state board having	95846
jurisdiction over the profession.	95847

(1) The department shall require that the following be	95848
provided for in agreements between the department and institutions	95849
of higher education or hospitals licensed pursuant to section	95850
~~5119.20~~5119.33 of the Revised Code:	95851

(a) Establishment of inter-disciplinary committees to advise	95852
persons responsible for training programs. Each committee shall	95853
have representation drawn from the geographical community the	95854
institution of higher education or hospital serves and shall	95855
include representatives of agencies, boards, targeted populations	95856
as determined by the department, racial and ethnic minority	95857
groups, and publicly funded programs;	95858

(b) Funding procedures;

95859

(c) Specific outcomes and accomplishments that are expected	95860
or required of a program under such agreement;	95861

(d) The types of services to be provided under such	95862
agreement.	95863

(2) The department may require that the following be provided	95864
for in agreements between the department and institutions of	95865
higher education or hospitals licensed pursuant to section ~~5119.20~~	95866
5119.33 of the Revised Code:	95867

(a) Special arrangements for individual residents or trainees	95868
to encourage their employment in publicly funded settings upon	95869
completion of their training;	95870

(b) Procedures for the selection of residents or trainees to	95871
promote the admission, retention, and graduation of women,	95872
minorities, and ~~handicapped~~disabled persons;	95873

(c) Cross-cultural training and other subjects considered	95874
necessary to enhance training efforts and the care and treatment	95875
of patients and clients;	95876

(d) Funding of faculty positions oriented toward meeting the	95877
needs of publicly funded programs.	95878

Subject to appropriations by the general assembly, the	95879
director of ~~mental health~~mental health and addiction services has	95880
final approval of the funding of these collaborative training	95881
efforts.	95882

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	95883
instruction and training of all persons in institutions under the	95884
control of the department of ~~mental health~~mental health and	95885
addiction services shall be subject to the approval of the	95886
superintendent of public instruction.	95887

All teachers employed in institutions under the control of	95888
the department of ~~mental health~~mental health and addiction	95889
services shall possess such educator licenses or have such	95890
qualifications and approval as the superintendent of public	95891
instruction, after consulting with the officers in charge of the	95892
institutions, prescribes for the various types of service in the	95893
institutions.	95894

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	95895
correctional institution" has the same meaning as in section	95896
2967.01 of the Revised Code.	95897

(B) The department of ~~alcohol and drug addiction services~~	95898
mental health and addiction services shall develop a program that	95899
is designed to educate and train the employees of each state	95900
correctional institution, the employees of each department of	95901
youth services institution, and other persons associated by	95902
contract or otherwise with each state correctional institution or	95903
each department of youth services institution, who will be	95904
responsible for the conduct of, or otherwise providing treatment	95905
or rehabilitation services pursuant to, a substance abuse	95906
treatment or rehabilitation program offered in the institution to	95907
adult prisoners or juvenile offenders. Upon the development of the	95908
educational and training program, the department of ~~alcohol and~~	95909
~~drug addiction services~~mental health and addiction services	95910
promptly shall commence its implementation. The department of	95911
~~alcohol and drug addiction services~~mental health and addiction	95912
services may charge to the department of rehabilitation and	95913
correction and to the department of youth services a reasonable	95914
annual fee that reflects the expenses incurred by it during the	95915
immediately preceding calendar year in preparing and offering the	95916
educational and training program during that year to the	95917
respective employees and other associated persons described in	95918
this division.	95919

The director of rehabilitation and correction and the	95920
director of youth services shall require the respective employees	95921
and other associated persons described in this division to attend	95922
and successfully complete the educational and training program	95923
developed pursuant to this division as a condition of their	95924
continuing to have responsibility for the conduct of, or their	95925
continuing to provide treatment or rehabilitation services	95926
pursuant to, any treatment or rehabilitation program that is	95927
offered in a state correctional institution or in a department of	95928
youth services institution to adult prisoners or juvenile	95929
offenders. If the department of ~~alcohol and drug addiction~~	95930
~~services~~mental health and addiction services charges a reasonable	95931
annual fee as described in this division, the director involved	95932
shall cause that fee to be paid from any available funds of the	95933
department of rehabilitation and correction or any available funds	95934
of the department of youth services.	95935

(C) The department of rehabilitation and correction and the	95936
department of ~~alcohol and drug addiction services~~mental health	95937
and addiction services jointly shall develop program	95938
specifications for the alcohol and drug addiction treatment	95939
programs offered in state correctional institutions.	95940

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	95941
~~addiction services~~mental health and addiction services may	95942
acquire by purchase, lease, or otherwise such real and personal	95943
property rights in the name of the state as are necessary for the	95944
purposes of the department. ~~The~~	95945

(B) When it is necessary for a state institution under the	95946
jurisdiction of the department to acquire any real estate,	95947
right-of-way, or easement in real estate in order to accomplish	95948
the purposes for which it was organized or is being conducted, and	95949
the department is unable to agree with the owner of such property	95950
upon the price to be paid for the property, such property may be	95951
appropriated in the manner provided for the appropriation of	95952
property for other state purposes.	95953

(C) The director~~, with the approval of the governor and the~~	95954
~~attorney general,~~ may work with the department of administrative	95955
services to sell, lease, or exchange portions of real and personal	95956
property of the department when the sale, lease, or exchange is	95957
advantageous to the state. Money received from such sales, leases,	95958
or exchanges shall be credited to the ~~general revenue~~the	95959
department of mental health and addiction services trust fund,	95960
created in section 5119.46 of the Revised Code.	95961

(D) Any instrument by which real property is acquired	95962
pursuant to this section shall identify the agency of the state	95963
that has the use and benefit of the real property as specified in	95964
section 5301.012 of the Revised Code.	95965

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	95966
mental health and addiction services shall:	95967

~~(A)~~(1) To the extent the department has available resources	95968
and in consultation with boards of alcohol, drug addiction, and	95969
mental health services, support a ~~community support system~~	95970
continuum of care in accordance with ~~section 340.03~~Chapter 340.	95971
of the Revised Code on a district or multi-district basis. The	95972
department shall define the essential elements of a ~~community~~	95973
~~support system~~continuum of care, shall assist in identifying	95974
resources, and may prioritize support for one or more of the	95975
elements.	95976

~~(B) Operate inpatient and other mental health services;~~

95977

~~(C)~~(2) Provide training, consultation, and technical	95978
assistance regarding mental health ~~programs~~ and addiction services	95979
and appropriate prevention, recovery, and mental health promotion	95980
activities, including those that are culturally ~~sensitive~~	95981
competent, to employees of the department, community mental health	95982
~~agencies~~ and addiction services providers, boards of alcohol, drug	95983
addiction, and mental health services, and other agencies	95984
providing mental health and addiction services;	95985

~~(D)~~(3) To the extent the department has available resources,	95986
promote and support a full range of mental health and addiction	95987
services that are available and accessible to all residents of	95988
this state, especially for severely mentally disabled children,	95989
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	95990
custodians of children at risk of abuse or neglect, and other	95991
special target populations, including racial and ethnic	95992
minorities, as determined by the department;	95993

~~(E)~~(4) Develop standards and measures for evaluating the	95994
effectiveness of mental health and addiction services, including	95995
services that use methadone treatment, of gambling addiction	95996
services, and for increasing the accountability of mental health	95997
and alcohol and addiction services providers and of gambling	95998
addiction services providers;	95999

(5) Design and set criteria for the determination of ~~severe~~	96000
~~mental disability~~priority populations;	96001

~~(F) Establish standards for evaluation of mental health~~	96002
~~programs;~~	96003

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	96004
research, taking ethnic and racial differences into consideration,	96005
concerning the causes and prevention of mental illness and	96006
addiction, methods of providing effective services and treatment,	96007
and means of enhancing the mental health of and recovery from	96008
addiction of all residents of this state;	96009

~~(H)~~(7) Foster the establishment and availability of	96010
vocational rehabilitation services and the creation of employment	96011
opportunities for consumers of mental health and addiction	96012
services, including members of racial and ethnic minorities;	96013

~~(I)~~(8) Establish a program to protect and promote the rights	96014
of persons receiving mental health and addiction services,	96015
including the issuance of guidelines on informed consent and other	96016
rights;	96017

~~(J) Establish, in consultation with board of alcohol, drug~~	96018
~~addiction, and mental health services representatives and after~~	96019
~~consideration of the recommendations of the medical director,~~	96020
~~guidelines for the development of community mental health plans~~	96021
~~and the review and approval or disapproval of such plans submitted~~	96022
~~pursuant to section 340.03 of the Revised Code;~~	96023

~~(K)~~(9) Promote the involvement of persons who are receiving	96024
or have received mental health or addiction services, including	96025
families and other persons having a close relationship to a person	96026
receiving ~~mental health~~those services, in the planning,	96027
evaluation, delivery, and operation of mental health and addiction	96028
services;	96029

~~(L)~~(10) Notify and consult with the relevant constituencies	96030
that may be affected by rules, standards, and guidelines issued by	96031
the department of ~~mental health~~mental health and addiction	96032
services. These constituencies shall include consumers of mental	96033
health and addiction services and their families, and may include	96034
public and private providers, employee organizations, and others	96035
when appropriate. Whenever the department proposes the adoption,	96036
amendment, or rescission of rules under Chapter 119. of the	96037
Revised Code, the notification and consultation required by this	96038
division shall occur prior to the commencement of proceedings	96039
under Chapter 119. The department shall adopt rules under Chapter	96040
119. of the Revised Code that establish procedures for the	96041
notification and consultation required by this division.	96042

~~(M) In cooperation with board of alcohol, drug addiction, and~~	96043
~~mental health services representatives, provide training regarding~~	96044
~~the provision of community-based mental health services to those~~	96045
~~department employees who are utilized in state-operated,~~	96046
~~community-based mental health services;~~	96047

~~(N)~~(11) Provide consultation to the department of	96048
rehabilitation and correction concerning the delivery of mental	96049
health and addiction services in state correctional institutions.	96050

(12) Promote and coordinate efforts in the provision of	96051
alcohol and drug addiction services and of gambling addiction	96052
services by other state agencies, as defined in section 1.60 of	96053
the Revised Code; courts; hospitals; clinics; physicians in	96054
private practice; public health authorities; boards of alcohol,	96055
drug addiction, and mental health services; alcohol and drug	96056
addiction services providers; law enforcement agencies; gambling	96057
addiction services providers; and related groups;	96058

(13) Provide to each court of record, and biennially update,	96059
a list of the treatment and education programs within that court's	96060
jurisdiction that the court may require an offender, sentenced	96061
pursuant to section 4511.19 of the Revised Code, to attend;	96062

(14) Make the warning sign described in sections 3313.752,	96063
3345.41, and 3707.50 of the Revised Code available on the	96064
department's internet web site;	96065

(15) Provide a program of gambling addiction services on	96066
behalf of the state lottery commission, pursuant to an agreement	96067
entered into with the director of the commission under division	96068
(K) of section 3770.02 of the Revised Code, and provide a program	96069
of gambling addiction services on behalf of the Ohio casino	96070
control commission, under an agreement entered into with the	96071
executive director of the commission under section 3772.062 of the	96072
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	96073
Constitution, the department may enter into agreements with boards	96074
of alcohol, drug addiction, and mental health services, including	96075
boards with districts in which a casino facility is not located,	96076
and nonprofit organizations to provide gambling addiction services	96077
and substance abuse services, and with state institutions of	96078
higher education or private nonprofit institutions that possess a	96079
certificate of authorization issued under Chapter 1713. of the	96080
Revised Code to perform related research.	96081

(B) The department may accept and administer grants from	96082
public or private sources for carrying out any of the duties	96083
enumerated in this section.	96084

(C) Pursuant to Chapter 119. of the Revised Code, the	96085
department shall adopt a rule defining the term "intervention" as	96086
it is used in this chapter in connection with alcohol and drug	96087
addiction services and in connection with gambling addiction	96088
services. The department may adopt other rules as necessary to	96089
implement the requirements of this chapter.	96090

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	96091
~~refers to a board of alcohol, drug addiction, and mental health~~	96092
~~services also refers to the community mental health board in an~~	96093
~~alcohol, drug addiction, and mental health service district that~~	96094
~~has a community mental health board.~~	96095

The director of ~~mental health~~mental health and addiction	96096
services with respect to all mental health and addiction	96097
facilities and ~~programs~~services established and operated or	96098
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	96099
~~and emotionally disturbed persons~~, shall do all of the following:	96100

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	96101
that may be necessary to carry out the purposes of ~~Chapter~~this	96102
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	96103
the Revised Code.	96104

~~(1) The rules shall include the following:~~

96105

~~(a) Rules governing a community mental health agency's~~	96106
~~services under section 340.091 of the Revised Code to an~~	96107
~~individual referred to the agency under division (D)(2) of section~~	96108
~~5119.69 of the Revised Code;~~	96109

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	96110
~~the Revised Code, rules governing the duties of mental health~~	96111
~~agencies and boards of alcohol, drug addiction, and mental health~~	96112
~~services regarding referrals of individuals with mental illness or~~	96113
~~severe mental disability to residential facilities as defined in~~	96114
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	96115
~~effective arrangements for ongoing mental health services for the~~	96116
~~individuals. .~~	96117

~~(2) Rules may be adopted to govern the method of paying a~~	96118
~~community mental health facility, as defined in section 5111.023~~	96119
~~of the Revised Code, for providing services listed in division (B)~~	96120
~~of that section. Such rules must be consistent with the contract~~	96121
~~entered into between the departments of job and family services~~	96122
~~and mental health under section 5111.91 of the Revised Code and~~	96123
~~include requirements ensuring appropriate service utilization.~~	96124

(B) Review and evaluate~~, and~~the continuum of care in each	96125
service district, taking into account the findings and	96126
recommendations of the board of alcohol, drug addiction, and	96127
mental health services of the district ~~served by the program~~	96128
submitted under division (A)(4) of section 340.03 of the Revised	96129
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	96130
~~mental health plan~~department, including the needs of residents of	96131
the district ~~now residing in state mental institutions~~currently	96132
receiving services in state-operated hospitals, and make	96133
recommendations for needed improvements to boards of alcohol, drug	96134
addiction, and mental health services;	96135

(C) ~~Provide consultative services to community mental health~~	96136
~~agencies with the knowledge and cooperation of the board of~~	96137
~~alcohol, drug addiction, and mental health services;~~	96138

~~(D)~~ At the director's discretion, provide to boards of	96139
alcohol, drug addiction, and mental health services state or	96140
federal funds, in addition to those allocated under section	96141
~~5119.62~~5119.23 of the Revised Code, for special programs or	96142
projects the director considers necessary but for which local	96143
funds are not available;	96144

(D) Establish, in consultation with board of alcohol, drug	96145
addiction, and mental health service representatives and after	96146
consideration of the recommendations of the medical director,	96147
guidelines for the development of community mental health and	96148
addiction services plans and the review and approval or	96149
disapproval of such plans submitted pursuant to section 340.03 of	96150
the Revised Code.	96151

(E) Establish criteria by which a board of alcohol, drug	96152
addiction, and mental health services reviews and evaluates the	96153
quality, effectiveness, and efficiency of its contracted services	96154
~~provided through its community mental health plan~~. The criteria	96155
shall include requirements ensuring appropriate service	96156
utilization. The department shall assess a board's evaluation of	96157
services and the compliance of each board with this section,	96158
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	96159
state or federal law and regulations. The department, in	96160
cooperation with the board, periodically shall review and evaluate	96161
the quality, effectiveness, and efficiency of services provided	96162
through each board. The department shall collect information that	96163
is necessary to perform these functions.	96164

(F) To the extent the director determines necessary and after	96165
consulting with boards of alcohol, drug addiction, and mental	96166
health services, develop and operate, or contract for the	96167
operation of, a community ~~mental~~behavioral health information	96168
system or systems. The department shall specify the information	96169
that must be provided by boards of alcohol, drug addiction, and	96170
mental health services and by community addiction and mental	96171
health services providers for inclusion in the system or systems.	96172

Boards of alcohol, drug addiction, and mental health services	96173
and community addiction and mental health services providers shall	96174
submit information requested by the department in the form and	96175
manner and in accordance with time frames prescribed by the	96176
department. Information collected by the department ~~shall~~may	96177
include~~, but not be limited to,~~ all of the following:	96178

(1) Information ~~regarding units of~~on services provided in	96179
~~whole or in part under contract with a board, including diagnosis~~	96180
~~and special needs, demographic information, the number of units of~~	96181
~~service provided, past treatment, financial status, and service~~	96182
~~dates in accordance with rules adopted by the department in~~	96183
~~accordance with Chapter 119. of the Revised Code~~;	96184

(2) Financial information ~~other than price or price-related~~	96185
~~data~~ regarding expenditures of ~~boards and community mental health~~	96186
~~agencies, including units of service provided, budgeted and actual~~	96187
~~expenses by type, and sources of~~federal, state, or local funds;	96188

(3) Information about persons served.

96189

~~Boards shall submit the information specified in division~~	96190
~~(F)(1) of this section no less frequently than annually for each~~	96191
~~client, and each time the client's case is opened or closed.~~ The	96192
department shall not collect any personal information from the	96193
boards except as required or permitted by state or federal law for	96194
purposes related to payment, health care operations, program and	96195
service evaluation, reporting activities, research, system	96196
administration, and oversight.	96197

(G)(1) Review each board's community mental health and	96198
addiction services plan, budget, and statement of services to be	96199
made available submitted pursuant to ~~section~~sections 340.03 and	96200
340.08 of the Revised Code and approve or disapprove itthe plan,	96201
the budget, and the statement of services in whole or in part.	96202
~~Periodically, in consultation with representatives of boards and~~	96203
~~after considering the recommendations of the medical director, the~~	96204
~~director shall issue criteria for determining when a plan is~~	96205
~~complete, criteria for plan approval or disapproval, and~~	96206
~~provisions for conditional approval. The factors that the director~~	96207
~~considers may include, but are not limited to, the following:~~	96208

~~(1) The mental health needs of all persons residing within~~	96209
~~the board's service district, especially severely mentally~~	96210
~~disabled children, adolescents, and adults;~~	96211

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	96212
~~cultural relevance of the services provided in each service~~	96213
~~district, the extent to which any services are duplicative of~~	96214
~~other available services, and whether the services meet the needs~~	96215
~~identified above;~~	96216

~~(3) The adequacy of the board's accounting for the~~	96217
~~expenditure of funds.~~	96218

~~If the director disapproves all or part of any plan, the~~	96219
~~director shall provide the board an opportunity to present its~~	96220
~~position. The director shall inform the board of the reasons for~~	96221
~~the disapproval and of the criteria that must be met before the~~	96222
~~plan may be approved. The director shall give the board a~~	96223
~~reasonable time within which to meet the criteria, and shall offer~~	96224
~~technical assistance to the board to help it meet the criteria.~~	96225

~~If the approval of a plan remains in dispute, the board or~~	96226
~~the director may request that the dispute be submitted to a~~	96227
~~mutually agreed upon third-party mediator with the cost to be~~	96228
~~shared by the board and the department. The mediator shall issue~~	96229
~~to the board and the department recommendations for resolution of~~	96230
~~the dispute. The director, taking into consideration the~~	96231
~~recommendations of the mediator, shall make a final determination~~	96232
~~and approve or disapprove the plan, in whole or in part~~The	96233
department may withhold all or part of the funds allocated to a	96234
board if it disapproves all or part of a plan, budget, or	96235
statement of services. Prior to a final decision to disapprove a	96236
plan, budget, or statement of services, or to withhold funds from	96237
a board, a representative of the director of mental health and	96238
addiction services shall meet with the board and discuss the	96239
reason for the action the department proposes to take and any	96240
corrective action that should be taken to make the plan, budget,	96241
or statement of services acceptable to the department. In	96242
addition, the department shall offer technical assistance to the	96243
board to assist it to make the plan, budget, or statement of	96244
services acceptable. The department shall give the board a	96245
reasonable time in which to revise the plan, budget, or statement	96246
of services. The board thereafter shall submit a revised plan,	96247
budget, or statement of services, or a new plan, budget, or	96248
statement of services.	96249

(2) If a board determines that it is necessary to amend the	96250
plan, budget, or statement of services that has been approved	96251
under this section, the board shall submit the proposed amendment	96252
to the department. The department may approve or disapprove all or	96253
part of the amendment.	96254

(3) If the director disapproves of all or part of any	96255
proposed amendment, the director shall provide the board an	96256
opportunity to present its position. The director shall inform the	96257
board of the reasons for the disapproval and of the criteria that	96258
must be met before the proposed amendment may be approved. The	96259
director shall give the board a reasonable time within which to	96260
meet the criteria and shall offer technical assistance to the	96261
board to help it meet the criteria.	96262

(4) The department shall establish procedures for the review	96263
of plans, budgets, and statements of services, and a timetable for	96264
submission and review of plans, budgets, and statements of	96265
services and for corrective action and submission of new or	96266
revised plans, budgets, and statements of services.	96267

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	96268
mental health and addiction services shall establish a methodology	96269
for allocating to boards of alcohol, drug addiction, and mental	96270
health services the funds appropriated by the general assembly to	96271
the department for the purpose of local mental health ~~systems~~and	96272
addiction services continuums of care. The department shall	96273
establish the methodology after notifying and consulting with	96274
relevant constituencies as required by division ~~(L)~~(A)(10) of	96275
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	96276
provide for the funds to be allocated to boards on a district or	96277
multi-district basis. ~~Subject~~	96278

(B) Subject to ~~sections 5119.622 and 5119.623~~section	96279
5119.25 of the Revised Code, and to required submissions and	96280
approvals under section 340.08 of the Revised Code, the department	96281
shall allocate the funds to the boards in a manner consistent with	96282
the methodology, this section, other state and federal laws,	96283
rules, and regulations.	96284

~~(B) The department may allocate to boards a portion of the~~	96285
~~funds appropriated by the general assembly to the department for~~	96286
~~the operation of state hospital services. If the department~~	96287
~~allocates the funds, the department shall do all of the following:~~	96288

~~(1) In consultation with the boards:~~

96289

~~(a) Annually determine the unit costs of providing state~~	96290
~~hospital services; and~~	96291

~~(b) Establish the methodology for allocating the funds to the~~	96292
~~boards.~~	96293

~~(2) Determine the type of unit costs of providing state~~	96294
~~hospital services to be included as a factor in the methodology~~	96295
~~and include that unit cost as a factor in the methodology;~~	96296

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	96297
~~Code, allocate the funds to the boards in a manner consistent with~~	96298
~~the methodology, this section, other state and federal laws,~~	96299
~~rules, and regulations.~~	96300

~~(c) Not later than the first day of April of each year, the~~	96301
~~department shall notify each board of the department's estimate of~~	96302
~~the amount of funds to be allocated to the board under this~~	96303
~~section during the fiscal year beginning on the next July first.~~	96304
~~If the department makes an allocation under division (B) of this~~	96305
~~section, the department shall also notify each board of the unit~~	96306
~~costs of providing state hospital services for the upcoming fiscal~~	96307
~~year as determined under that division. Not later than the first~~	96308
~~day of May of each year, each board shall notify the department as~~	96309
~~to which of the following options it has elected for the upcoming~~	96310
~~fiscal year:~~	96311

~~(1) The board elects to accept distribution of the amount~~	96312
~~allocated to it under this section. Funds distributed to each~~	96313
~~board shall be used to supplement and not to supplant other state,~~	96314
~~local, or federal funds that are being used to support~~	96315
~~community-based programs for severely mentally disabled children,~~	96316
~~adolescents, and adults, unless the funds have been specifically~~	96317
~~designated for the initiation of programs in accordance with the~~	96318
~~community mental health plan developed and submitted under section~~	96319
~~340.03 and approved under section 5119.61 of the Revised Code.~~	96320
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	96321
~~expend unexpended funds distributed to the board from~~	96322
~~appropriations for the purpose of local management of mental~~	96323
~~health services in the fiscal year following the fiscal year for~~	96324
~~which the appropriations are made, in accordance with the approved~~	96325
~~community mental health plan.~~	96326

~~(2) Subject to division (D) of this section, the board elects~~	96327
~~not to accept the amount allocated to it under this section,~~	96328
~~authorizes the department to determine the use of its allocation,~~	96329
~~and agrees to provide the department with a statement of projected~~	96330
~~utilization of state hospitals and other state-operated services~~	96331
~~by residents of its service district during the fiscal year.~~	96332

~~(D) No board shall elect the option in division (C)(2) of~~	96333
~~this section unless all of the following apply:~~	96334

~~(1) Either the total funds estimated by the department to be~~	96335
~~allocated to the board under this section for the next fiscal year~~	96336
~~are reduced by a substantial amount, as defined in guidelines~~	96337
~~adopted by the director of mental health under division (E) of~~	96338
~~this section, in comparison to the amount allocated for the~~	96339
~~current fiscal year, for reasons not related to performance or the~~	96340
~~board has experienced other circumstances specified in the~~	96341
~~guidelines.~~	96342

~~(2) The board provides the department written confirmation~~	96343
~~that the board has received input about the impact that the~~	96344
~~board's election will have on the mental health system in the~~	96345
~~board's district from all of the following:~~	96346

~~(a) Individuals who receive mental health services and such~~	96347
~~individuals' families;~~	96348

~~(b) Boards of county commissioners;~~

96349

~~(c) Judges of juvenile and probate courts;~~

96350

~~(d) County sheriffs, jail administrators, and other local law~~	96351
~~enforcement officials.~~	96352

~~(3) Not later than seven days before notifying the department~~	96353
~~of its election and after providing the department the written~~	96354
~~confirmation required by division (D)(2) of this section, the~~	96355
~~board conducts a public hearing on the issue.~~	96356

~~(E) For the purpose of division (D)(1) of this section, the~~	96357
~~director of mental health shall consult with the boards and other~~	96358
~~relevant constituencies to develop guidelines for determining what~~	96359
~~constitutes a substantial reduction of funds and what other~~	96360
~~circumstances qualify a board to elect the option in division~~	96361
~~(C)(2) of this section.~~	96362

~~(F) No board shall use state funds for the purpose of~~	96363
~~discouraging employees from seeking collective bargaining~~	96364
~~representation or encouraging employees to decertify a recognized~~	96365
~~collective bargaining agent.~~	96366

~~(G) The department shall charge against the allocation made~~	96367
~~to a board under division (B) of this section, if any, any~~	96368
~~unreimbursed costs for services provided by the department.~~	96369

~~(H) A board's use of funds allocated under this section is~~	96370
~~subject to audit by county, state, and federal authorities.~~	96371

(C) In consultation with boards, community mental health and	96372
addiction services providers, and persons receiving services, the	96373
department shall establish guidelines for the use of funds	96374
allocated and distributed under this section.	96375

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	96376
"administrative function" means a function related to one or more	96377
of the following:	96378

(1) Continuous quality improvement;

96379

(2) Utilization review;

96380

(3) Resource development;

96381

(4) Fiscal administration;

96382

(5) General administration;

96383

(6) Any other function related to administration that is	96384
required by Chapter 340. of the Revised Code.	96385

(B) Each board of alcohol, drug addiction, and mental health	96386
services shall submit an annual report to the department of ~~mental~~	96387
~~health~~mental health and addiction services specifying how the	96388
board used funds allocated to the board under section ~~5119.62~~	96389
5119.23 of the Revised Code for administrative functions in the	96390
year preceding the report's submission. The director of ~~mental~~	96391
~~health~~mental health and addiction services shall establish the	96392
date by which the report must be submitted each year.	96393

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	96394
mental health and addiction services, in whole or in part, may	96395
withhold funds otherwise to be allocated to a board of alcohol,	96396
drug addiction, and mental health services under section ~~5119.62~~	96397
5119.23 of the Revised Code if the board fails to comply with	96398
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	96399
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	96400
of the department of ~~mental health regarding a community mental~~	96401
~~health service~~mental health and addiction services. ~~The~~	96402

(B) The director of mental health and addiction services may	96403
withhold funds otherwise to be allocated to a board of alcohol,	96404
drug addiction, and mental health services under section 5119.23	96405
of the Revised Code if the board denies available service on the	96406
basis of race, color, religion, creed, sex, age, national origin,	96407
disability as defined in section 4112.01 of the Revised Code, or	96408
developmental disability.	96409

(C) The director shall ~~identify~~issue a notice identifying	96410
the areas of noncompliance and the action necessary to achieve	96411
compliance. The director ~~shall~~may offer technical assistance to	96412
the board to achieve compliance. The ~~director shall give the~~ board	96413
~~a reasonable time within which to comply or~~shall have ten days	96414
from receipt of the notice of noncompliance to present its	96415
position that it is in compliance. Before withholding funds, the	96416
director or the director's designee shall hold a hearing ~~shall be~~	96417
~~conducted~~within ten days of receipt of the board's position to	96418
determine if there are continuing violations and that either	96419
assistance is rejected or the board is unable to achieve	96420
compliance. Subsequent to the hearing process, if it is determined	96421
that compliance has not been achieved, the director may allocate	96422
all or part of the withheld funds to a public or private agency to	96423
provide the community mental health or community addiction service	96424
for which the board is not in compliance until the time that there	96425
is compliance. The director ~~shall~~may adopt rules in accordance	96426
with Chapter 119. of the Revised Code to implement this section.	96427

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	96428
or rules adopted under it shall retain ~~his~~the person's civil	96429
rights and liberties, including the right not to be experimented	96430
upon with treatment not accepted as good medical practice without	96431
~~his~~the person's fully informed consent, the right as a ~~patient~~	96432
person receiving services to maintain the confidentiality of	96433
health and medical records, the right as a person detained for	96434
medical purposes to receive adequate and appropriate treatment,	96435
and the right to vote.	96436

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	96437
court journal entries or court docket entries, pertaining to the	96438
identity, diagnosis, or treatment of any ~~patient~~person seeking or	96439
receiving services that are maintained in connection with the	96440
performance of any drug treatment program or services licensed by,	96441
or certified by, the director of ~~alcohol and drug addiction~~	96442
~~services,~~mental health and addiction services under ~~section~~	96443
~~3793.11 of the Revised Code,~~this chapter shall be kept	96444
confidential, may be disclosed only for the purposes and under the	96445
circumstances expressly authorized under this section, and may not	96446
otherwise be divulged in any civil, criminal, administrative, or	96447
legislative proceeding.	96448

(B) When the ~~patient~~person, with respect to whom any record	96449
or information referred to in division (A) of this section is	96450
maintained, gives consent in the form of a written release signed	96451
by the ~~patient~~person, the content of the record or information	96452
may be disclosed if the written release conforms to all of the	96453
following:	96454

(1) Specifically identifies the person, official, or entity	96455
to whom the information is to be provided;	96456

(2) Describes with reasonable specificity the record,	96457
records, or information to be disclosed; and	96458

(3) Describes with reasonable specificity the purposes of the	96459
disclosure and the intended use of the disclosed information.	96460

(C) A ~~patient~~person who is subject to a community control	96461
sanction, parole, or a post-release control sanction or who is	96462
ordered to rehabilitation in lieu of conviction, and who has	96463
agreed to participate in a drug treatment or rehabilitation	96464
program as a condition of the community control sanction,	96465
post-release control sanction, parole, or order to rehabilitation,	96466
shall be considered to have consented to the release of records	96467
and information relating to the progress of treatment, frequency	96468
of treatment, adherence to treatment requirements, and probable	96469
outcome of treatment. Release of information and records under	96470
this division shall be limited to the court or governmental	96471
personnel having the responsibility for supervising the ~~patient's~~	96472
person's community control sanction, post-release control	96473
sanction, parole, or order to rehabilitation. A ~~patient~~person,	96474
described in this division, who refuses to allow disclosure may be	96475
considered in violation of the conditions of the ~~patient's~~	96476
person's community control sanction, post-release control	96477
sanction, parole, or order to rehabilitation.	96478

(D) Disclosure of a ~~patient's~~person's record may be made	96479
without the ~~patient's~~person's consent to qualified personnel for	96480
the purpose of conducting scientific research, management,	96481
financial audits, or program evaluation, but these personnel may	96482
not identify, directly or indirectly, any individual ~~patient~~	96483
person in any report of the research, audit, or evaluation, or	96484
otherwise disclose a ~~patient's~~person's identity in any manner.	96485

(E) Upon the request of a prosecuting attorney or the	96486
director of ~~alcohol and drug addiction services~~mental health and	96487
addiction services, a court of competent jurisdiction may order	96488
the disclosure of records or information referred to in division	96489
(A) of this section if the court has reason to believe that a	96490
treatment program or facility is being operated or used in a	96491
manner contrary to law. The use of any information or record so	96492
disclosed shall be limited to the prosecution of persons who are	96493
or may be charged with any offense related to the illegal	96494
operation or use of the drug treatment program or facility, or to	96495
the decision to withdraw the authority of a drug treatment program	96496
or facility to continue operation. For purposes of this division	96497
the court shall:	96498

(1) Limit disclosure to those parts of the ~~patient's~~person's	96499
record considered essential to fulfill the objective for which the	96500
order was granted;	96501

(2) Require, where appropriate, that all information be	96502
disclosed in chambers;	96503

(3) Include any other appropriate measures to keep disclosure	96504
to a minimum, consistent with the protection of the ~~patients~~	96505
persons seeking or receiving services, the physician-patient	96506
relationship, and the administration of the drug treatment and	96507
rehabilitation program.	96508

(F) As used in this section:

96509

(1) "Community control sanction" has the same meaning as in	96510
section 2929.01 of the Revised Code.	96511

(2) "Post-release control sanction" has the same meaning as	96512
in section 2967.01 of the Revised Code.	96513

Sec. 5119.28. (A) All records, and reports, other than court	96514
journal entries or court docket entries, identifying a person and	96515
pertaining to the person's mental health condition, assessment,	96516
provision of care or treatment, or payment for assessment, care or	96517
treatment that are maintained in connection with any services	96518
certified by the department of mental health and addiction	96519
services, or any hospitals or facilities licensed or operated by	96520
the department, shall be kept confidential and shall not be	96521
disclosed by any person except:	96522

(1) If the person identified, or the person's legal guardian,	96523
if any, or if the person is a minor, the person's parent or legal	96524
guardian, consents;	96525

(2) When disclosure is provided for in this chapter or	96526
Chapter 340. or 5122., or Title XLVII of the Revised Code;	96527

(3) That hospitals, boards of alcohol, drug addiction, and	96528
mental health services, licensed facilities, and community mental	96529
health services providers may release necessary information to	96530
insurers and other third-party payers, including government	96531
entities responsible for processing and authorizing payment, to	96532
obtain payment for goods and services furnished to the person;	96533

(4) Pursuant to a court order signed by a judge;

96534

(5) That a person shall be granted access to the person's own	96535
psychiatric and medical records, unless access specifically is	96536
restricted in a person's treatment plan for clear treatment	96537
reasons;	96538

(6) That the department of mental health and addiction	96539
services may exchange psychiatric records and other pertinent	96540
information with community mental health services providers and	96541
boards of alcohol, drug addiction, and mental health services	96542
relating to the person's care or services. Records and information	96543
that may be exchanged pursuant to this division shall be limited	96544
to medication history, physical health status and history,	96545
financial status, summary of course of treatment, summary of	96546
treatment needs, and a discharge summary, if any.	96547

(7) That the department of mental health and addiction	96548
services, hospitals and community providers operated by the	96549
department, hospitals licensed by the department under section	96550
5119.33 of the Revised Code, and community mental health services	96551
providers may exchange psychiatric records and other pertinent	96552
information with payers and other providers of treatment and	96553
health services if the purpose of the exchange is to facilitate	96554
continuity of care for the person or for the emergency treatment	96555
of the person;	96556

(8) That the department of mental health and addiction	96557
services and community mental health services providers may	96558
exchange psychiatric records and other pertinent information with	96559
boards of alcohol, drug addiction, and mental health services for	96560
purposes of any board function set forth in Chapter 340. of the	96561
Revised Code. Boards of alcohol, drug addiction, and mental health	96562
services shall not access any personal information from the	96563
department or providers except as required or permitted by this	96564
section, or Chapter 340. or 5122. of the Revised Code for purposes	96565
related to payment, care coordination, health care operations,	96566
program and service evaluation, reporting activities, research,	96567
system administration, oversight, or other authorized purposes.	96568

(9) That a person's family member who is involved in the	96569
provision, planning, and monitoring of services to the person may	96570
receive medication information, a summary of the person's	96571
diagnosis and prognosis, and a list of the services and personnel	96572
available to assist the person and the person's family, if the	96573
person's treatment provider determines that the disclosure would	96574
be in the best interests of the person. No such disclosure shall	96575
be made unless the person is notified first and receives the	96576
information and does not object to the disclosure.	96577

(10) That community mental health services providers may	96578
exchange psychiatric records and certain other information with	96579
the board of alcohol, drug addiction, and mental health services	96580
and other providers in order to provide services to a person	96581
involuntarily committed to a board. Release of records under this	96582
division shall be limited to medication history, physical health	96583
status and history, financial status, summary of course of	96584
treatment, summary of treatment needs, and discharge summary, if	96585
any.	96586

(11) That information may be disclosed to the executor or the	96587
administrator of an estate of a deceased person when the	96588
information is necessary to administer the estate;	96589

(12) That information may be disclosed to staff members of	96590
the appropriate board or to staff members designated by the	96591
director of mental health and addiction services for the purpose	96592
of evaluating the quality, effectiveness, and efficiency of	96593
services and determining if the services meet minimum standards.	96594
Information obtained during such evaluations shall not be retained	96595
with the name of any person.	96596

(13) That records pertaining to the person's diagnosis,	96597
course of treatment, treatment needs, and prognosis shall be	96598
disclosed and released to the appropriate prosecuting attorney if	96599
the person was committed pursuant to section 2945.38, 2945.39,	96600
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	96601
attorney designated by the board for proceedings pursuant to	96602
involuntary commitment under Chapter 5122. of the Revised Code.	96603

(14) That the department of mental health and addiction	96604
services may exchange psychiatric hospitalization records, other	96605
mental health treatment records, and other pertinent information	96606
with the department of rehabilitation and correction and with the	96607
department of youth services to ensure continuity of care for	96608
inmates and offenders who are receiving mental health services in	96609
an institution of the department of rehabilitation and correction	96610
or the department of youth services and may exchange psychiatric	96611
hospitalization records, other mental health treatment records,	96612
and other pertinent information with boards of alcohol, drug	96613
addiction, and mental health services and community mental health	96614
services providers to ensure continuity of care for inmates or	96615
offenders who are receiving mental health services in an	96616
institution and are scheduled for release within six months. The	96617
release of records under this division is limited to records	96618
regarding an inmate's or offender's medication history, physical	96619
health status and history, summary of course of treatment, summary	96620
of treatment needs, and a discharge summary, if any.	96621

(15) That a community mental health services provider that	96622
ceases to operate may transfer to either a community mental health	96623
services provider that assumes its caseload or to the board of	96624
alcohol, drug addiction, and mental health services of the service	96625
district in which the person resided at the time services were	96626
most recently provided any treatment records that have not been	96627
transferred elsewhere at the person's request.	96628

(B) Before records are disclosed pursuant to divisions	96629
(A)(3), (6), and (10) of this section, the custodian of the	96630
records shall attempt to obtain the person's consent for the	96631
disclosure.	96632

(C) No person shall reveal the content of a medical record of	96633
a person that is confidential pursuant to this section, except as	96634
authorized by law.	96635

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	96636
department of ~~mental health~~mental health and addiction services,	96637
in conjunction with boards of alcohol, drug addiction, and mental	96638
health services and community mental health boards, shall develop	96639
a coordinated system for tracking and monitoring persons found not	96640
guilty by reason of insanity and committed pursuant to section	96641
2945.40 of the Revised Code who have been granted a conditional	96642
release and persons found incompetent to stand trial and committed	96643
pursuant to section 2945.39 of the Revised Code who have been	96644
granted a conditional release. The system shall do all of the	96645
following:	96646

(A) Centralize responsibility for the tracking of those	96647
persons;	96648

(B) Develop uniformity in monitoring those persons;

96649

(C) Develop a mechanism to allow prompt rehospitalization,	96650
reinstitutionalization, or detention when a violation of the	96651
conditional release or decompensation occurs.	96652

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	96653
~~addiction services~~mental health and addiction services promptly	96654
shall develop and maintain a program that continually provides the	96655
courts of this state with relevant information pertaining to	96656
~~alcohol and drug~~ addiction services and programs available both	96657
within their jurisdictions and statewide in order to facilitate	96658
the ability of the courts to utilize treatment and rehabilitation	96659
alternatives in addition to or in lieu of imposing sentences of	96660
imprisonment upon appropriate offenders.	96661

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	96662
health and addiction services may examine into, with or without	96663
expert assistance, the question of the mental and physical	96664
condition of any person committed to or involuntarily confined in	96665
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	96666
any place within this state by reason of alleged mental illness	96667
and may order and compel the discharge of any such person who is	96668
not a mentally ill person subject to hospitalization by court	96669
order as defined in division (B) of section 5122.01 of the Revised	96670
Code and direct what disposition shall be made of ~~him~~the person.	96671
The order of discharge shall be signed by the director of ~~mental~~	96672
~~health~~mental health and addiction services. Upon receipt of such	96673
order by the superintendent or other person in charge of the	96674
building in which the person named in such order is confined, such	96675
person shall forthwith be discharged or otherwise disposed of	96676
according to the terms of said order, and any further or other	96677
detention of such person is unlawful. No such order shall be made	96678
in favor of any person committed and held for trial on a criminal	96679
charge, in confinement by an order of a judge or court made in a	96680
criminal proceeding, or in any case unless notice is given to the	96681
superintendent or other person having charge of the building in	96682
which the alleged mentally ill person is detained, and a	96683
reasonable opportunity is allowed the person in charge to justify	96684
further detention of the person confined.	96685

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	96686
health and addiction services is hereby designated as the state	96687
administrative agency for the ~~alcohol, drug abuse and mental~~	96688
~~health services~~substance abuse prevention treatment block grant	96689
and the community mental health services block grant authorized by	96690
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	96691
300x, as amended, and similar alcohol, drug abuse, or mental	96692
health programs that are specified in an appropriations act. ~~The~~	96693
~~department shall establish and administer an annual plan to~~	96694
~~utilize federal block grant funds. The department shall consult~~	96695
~~with the department of alcohol and drug addiction services on the~~	96696
~~allocation of funds for alcohol and drug addiction services~~	96697
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	96698
~~controlling board, which shall authorize the transfer of funds~~	96699
~~allocated to the department of alcohol and drug addiction~~	96700
~~services.~~	96701

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	96702
health and addiction services shall inspect and license all	96703
hospitals that receive mentally ill persons, except those	96704
hospitals managed by the department. No hospital may receive for	96705
care or treatment, either at public or private expense, any person	96706
who is or appears to be mentally ill, whether or not so	96707
adjudicated, unless the hospital has received a license from the	96708
department authorizing it to receive for care or treatment persons	96709
who are mentally ill or the hospital is managed by the department.	96710

No such license shall be granted to a hospital for the	96711
treatment of mentally ill persons unless the department is	96712
satisfied, after investigation, that the hospital is managed and	96713
operated by qualified persons and has on its staff one or more	96714
qualified physicians responsible for the medical care of the	96715
patients confined there. At least one such physician shall be a	96716
psychiatrist.	96717

The department shall adopt rules under Chapter 119. of the	96718
Revised Code prescribing minimum standards for the operation of	96719
hospitals for the care and treatment of mentally ill persons and	96720
establishing standards and procedures for the issuance, renewal,	96721
or revocation of full, probationary, and interim licenses. No	96722
license shall be granted to any hospital established or used for	96723
the care of mentally ill persons unless such hospital is operating	96724
in accordance with this section and rules adopted pursuant to this	96725
section. A full license shall expire one year after the date of	96726
issuance, a probationary license shall expire at the time	96727
prescribed by rule adopted pursuant to Chapter 119. of the Revised	96728
Code by the director of ~~mental health~~mental health and addiction	96729
services, and an interim license shall expire ninety days after	96730
the date of issuance. A full, probationary, or interim license may	96731
be renewed, except that an interim license may be renewed only	96732
twice. The department may fix reasonable fees for licenses and for	96733
license renewals. Such hospitals are subject to inspection and	96734
~~visitation~~on-site review by the department.	96735

Except as otherwise provided in Chapter 5122. of the Revised	96736
Code, neither the director of ~~the department of mental health~~	96737
mental health and addiction services; an employee of the	96738
department; a board of alcohol, drug addiction, and mental health	96739
services or ~~agency~~ employee of a community mental health services	96740
provider; nor any other public official shall hospitalize any	96741
mentally ill person for care or treatment in any hospital that is	96742
not licensed in accordance with this section.	96743

Any license issued by the department under this section may	96744
be revoked by the department for any of the following reasons:	96745

(A) The hospital is no longer a suitable place for the care	96746
or treatment of mentally ill persons.	96747

(B) The hospital refuses to be subject to inspection or	96748
~~visitation~~on-site review by the department.	96749

(C) The hospital has failed to furnish humane, kind, and	96750
adequate treatment and care.	96751

(D) The hospital fails to comply with the licensure rules of	96752
the department.	96753

The department may inspect, ~~visit~~conduct an on-site review,	96754
and review the records of any hospital that the department has	96755
reason to believe is operating without a license.	96756

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	96757
mental health and addiction services determines that a hospital	96758
not licensed by the department is receiving for care or treatment	96759
any person who is or appears to be mentally ill, the department	96760
may request in writing that the attorney general petition the	96761
court of common pleas in the county where the hospital is located	96762
to enjoin the hospital from continued operation in violation of	96763
section ~~5119.20~~5119.33 of the Revised Code.	96764

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	96765
or indirectly reimburse, nor shall any person be obligated to pay	96766
any hospital for psychiatric services for which a license is	96767
required under section ~~5119.20~~5119.33 of the Revised Code unless	96768
the hospital is licensed by the department of ~~mental health~~mental	96769
health and addiction services.	96770

As used in this section, "third-party payer" means a health	96771
insuring corporation licensed under Chapter 1751. of the Revised	96772
Code, an insurance company that issues sickness and accident	96773
insurance in conformity with Chapter 3923. of the Revised Code, a	96774
state-financed health insurance program under Chapter 3701.,	96775
4123., or 5101. of the Revised Code, or any self-insurance plan.	96776

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	96777
hospital for the care or treatment of mentally ill persons unless	96778
it is licensed by the department of ~~mental health~~mental health	96779
and addiction services, as provided by section ~~5119.20~~5119.33 of	96780
the Revised Code.	96781

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	96782
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	96783
Code:	96784

(1) "Accommodations" means housing, daily meal preparation,	96785
laundry, housekeeping, arranging for transportation, social and	96786
recreational activities, maintenance, security, and other services	96787
that do not constitute personal care services or skilled nursing	96788
care.	96789

(2) "ADAMHS board" means a board of alcohol, drug addiction,	96790
and mental health services.	96791

(3) "Adult" means a person who is eighteen years of age or	96792
older, other than a person described in division (A)(4) of this	96793
section who is between eighteen and twenty-one years of age.	96794

(4) "Child" means a person who is under eighteen years of age	96795
or a person with a mental disability who is under twenty-one years	96796
of age.	96797

(5) "Community mental health ~~agency~~services provider" means	96798
a community mental health ~~agency~~services provider as defined in	96799
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	96800

(6) "Community mental health services" means any ~~of the~~	96801
mental health services ~~listed in~~certified by the department	96802
pursuant to section ~~340.09~~5119.36 of the Revised Code.	96803

(7) "Operator" means the person or persons, firm,	96804
partnership, agency, governing body, association, corporation, or	96805
other entity that is responsible for the administration and	96806
management of a residential facility and that is the applicant for	96807
a residential facility license.	96808

(8) "Personal care services" means services including, but	96809
not limited to, the following:	96810

(a) Assisting residents with activities of daily living;

96811

(b) Assisting residents with self-administration of	96812
medication in accordance with rules adopted under this section;	96813

(c) Preparing special diets, other than complex therapeutic	96814
diets, for residents pursuant to the instructions of a physician	96815
or a licensed dietitian, in accordance with rules adopted under	96816
this section.	96817

"Personal care services" does not include "skilled nursing	96818
care" as defined in section 3721.01 of the Revised Code. A	96819
facility need not provide more than one of the services listed in	96820
division (A)(8) of this section to be considered to be providing	96821
personal care services.	96822

(9) "Residential facility" means a publicly or privately	96823
operated home or facility that provides one of the following:	96824

(a) Accommodations, supervision, personal care services, and	96825
community mental health services for one or more ~~of the following~~	96826
unrelated ~~persons~~adults with mental illness or severe mental	96827
disabilities or to one or more unrelated children and adolescents	96828
with a serious emotional disturbance or who are in need of mental	96829
health services who are referred by or are receiving community	96830
mental health services from a community mental health ~~agency,~~	96831
services provider, hospital, or practitioner:	96832

~~(i) Adults with mental illness;~~

96833

~~(ii) Persons of any age with severe mental disabilities;~~

96834

~~(iii) Children with serious emotional disturbances or in need~~	96835
~~of mental health services~~.	96836

(b) Accommodations, supervision, and personal care services	96837
~~for only one or two unrelated adults; accommodations, supervision,~~	96838
~~and personal care services for three to sixteen unrelated adults;~~	96839
~~or accommodations, supervision, and personal care services for one~~	96840
~~or two of the following unrelated persons:~~	96841

~~(i) Persons of any age with mental illness who are referred~~	96842
~~by or are receiving community mental health services from a~~	96843
~~community mental health agency, hospital, or practitioner;~~	96844

~~(ii) Persons of any age with severe mental disabilities who~~	96845
~~are referred by or are receiving community mental health services~~	96846
~~from a community mental health agency, hospital, or practitioner~~	96847
to any of the following:	96848

(i) One or two unrelated persons with mental illness or	96849
persons with severe mental disabilities who are referred by or are	96850
receiving mental health services from a community mental health	96851
services provider, hospital, or practitioner;	96852

(ii) One or two unrelated adults who are receiving	96853
residential state supplement payments;	96854

(iii) Three to sixteen unrelated adults.

96855

(c) Room and board for five or more ~~of the following~~	96856
unrelated ~~persons:~~	96857

~~(i) Adults~~adults with mental illness or severe mental	96858
disability who are referred by or are receiving community mental	96859
health services from a community mental health ~~agency,~~services	96860
provider, hospital, or practitioner;	96861

~~(ii) Adults with severe mental disabilities who are referred~~	96862
~~by or are receiving community mental health services from a~~	96863
~~community mental health agency, hospital, or practitioner~~.	96864

(10) "Residential facility" does not include any of the	96865
following:	96866

(a) A hospital subject to licensure under section ~~5119.20~~	96867
5119.33 of the Revised Code;	96868

(b) A residential facility licensed under section 5123.19 of	96869
the Revised Code or otherwise regulated by the department of	96870
developmental disabilities;	96871

(c) An institution or association subject to certification	96872
under section 5103.03 of the Revised Code;	96873

(d) A facility operated by a hospice care program licensed	96874
under section 3712.04 of the Revised Code that is used exclusively	96875
for care of hospice patients;	96876

(e) ~~A facility operated by a pediatric respite care program~~	96877
~~licensed under section 3712.041 of the Revised Code that is used~~	96878
~~exclusively for care of pediatric respite care patients;~~	96879

~~(f)~~ A nursing home, residential care facility, or home for	96880
the aging as defined in section 3721.02 of the Revised Code;	96881

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	96882
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	96883
of the Revised Code;	96884

~~(h)~~(g) A facility licensed to provide methadone treatment	96885
under section ~~3793.11~~5119.39 of the Revised Code;	96886

~~(i)~~(h) Any facility that receives funding for operating costs	96887
from the ~~department of~~ development services agency under any	96888
program established to provide emergency shelter housing or	96889
transitional housing for the homeless;	96890

~~(j)~~(i) A terminal care facility for the homeless that has	96891
entered into an agreement with a hospice care program under	96892
section 3712.07 of the Revised Code;	96893

~~(k)~~(j) A facility approved by the veterans administration	96894
under section 104(a) of the "Veterans Health Care Amendments of	96895
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	96896
exclusively for the placement and care of veterans.	96897

(11) "Room and board" means the provision of sleeping and	96898
living space, meals or meal preparation, laundry services,	96899
housekeeping services, or any combination thereof.	96900

(12) "Residential state supplement" means the program	96901
administered under section 5119.41 of the Revised Code and related	96902
provisions of the Administrative Code under which the state	96903
supplements the supplemental security income payments received by	96904
aged, blind, or disabled adults under Title XVI of the Social	96905
Security Act. Residential state supplement payments are used for	96906
the provision of accommodations, supervision, and personal care	96907
services to supplemental security income recipients the department	96908
of mental health and addition services determines are at risk of	96909
needing institutional care.	96910

(13) "Supervision" means any of the following:

96911

(a) Observing a resident to ensure the resident's health,	96912
safety, and welfare while the resident engages in activities of	96913
daily living or other activities;	96914

(b) Reminding a resident to perform or complete an activity,	96915
such as reminding a resident to engage in personal hygiene or	96916
other self-care activities;	96917

96918

~~(13)~~(14) "Unrelated" means that a resident is not related to	96919
the owner or operator of a residential facility or to the owner's	96920
or operator's spouse as a parent, grandparent, child, stepchild,	96921
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	96922
the child of an aunt or uncle.	96923

(B) Nothing in division (A)(9) of this section shall be	96924
construed to permit personal care services to be imposed on a	96925
resident who is capable of performing the activity in question	96926
without assistance.	96927

(C) Except in the case of a residential facility described in	96928
division (A)(9)(a) of this section, members of the staff of a	96929
residential facility shall not administer medication to the	96930
facility's residents, but may do any of the following:	96931

(1) Remind a resident when to take medication and watch to	96932
ensure that the resident follows the directions on the container;	96933

(2) Assist a resident in the self-administration of	96934
medication by taking the medication from the locked area where it	96935
is stored, in accordance with rules adopted pursuant to this	96936
section, and handing it to the resident. If the resident is	96937
physically unable to open the container, a staff member may open	96938
the container for the resident.	96939

(3) Assist a physically impaired but mentally alert resident,	96940
such as a resident with arthritis, cerebral palsy, or Parkinson's	96941
disease, in removing oral or topical medication from containers	96942
and in consuming or applying the medication, upon request by or	96943
with the consent of the resident. If a resident is physically	96944
unable to place a dose of medicine to the resident's mouth without	96945
spilling it, a staff member may place the dose in a container and	96946
place the container to the mouth of the resident.	96947

(D)(1) Except as provided in division (D)(2) of this section,	96948
a person operating or seeking to operate a residential facility	96949
shall apply for licensure of the facility to the department of	96950
~~mental health~~mental health and addiction services. The	96951
application shall be submitted by the operator. When applying for	96952
the license, the applicant shall pay to the department the	96953
application fee specified in rules adopted under division ~~(L)~~(K)	96954
of this section. The fee is nonrefundable.	96955

The department shall send a copy of an application to the	96956
ADAMHS board serving the county in which the person operates or	96957
seeks to operate the facility. The ADAMHS board shall review the	96958
application and provide to the department any information about	96959
the applicant or the facility that the board would like the	96960
department to consider in reviewing the application.	96961

(2) A person may not apply for a license to operate a	96962
residential facility if the person is or has been the owner,	96963
operator, or manager of a residential facility for which a license	96964
to operate was revoked or for which renewal of a license was	96965
refused for any reason other than nonpayment of the license	96966
renewal fee, unless both of the following conditions are met:	96967

(a) A period of not less than two years has elapsed since the	96968
date the director of ~~mental health~~mental health and addiction	96969
services issued the order revoking or refusing to renew the	96970
facility's license.	96971

(b) The director's revocation or refusal to renew the license	96972
was not based on an act or omission at the facility that violated	96973
a resident's right to be free from abuse, neglect, or	96974
exploitation.	96975

(E)(1) ~~Any person may operate a residential facility~~	96976
~~providing accommodations and personal care services for one to~~	96977
~~five unrelated persons and licensed as a residential facility that~~	96978
~~meets the criteria specified in division (A)(9)(b) of this section~~	96979
~~as a permitted use in any residential district or zone, including~~	96980
~~any single-family residential district or zone of any political~~	96981
~~subdivision. Such facilities may be required to comply with area,~~	96982
~~height, yard, and architectural compatibility requirements that~~	96983
~~are uniformly imposed upon all single-family residences within the~~	96984
~~district or zone.~~	96985

~~(2) Any person may operate a residential facility providing~~	96986
~~accommodations and personal care services for six to sixteen~~	96987
~~persons and licensed as a residential facility that meets the~~	96988
~~criteria specified in division (A)(9)(b) of this section as a~~	96989
~~permitted use in any multiple-family residential district or zone~~	96990
~~of any political subdivision, except that a political subdivision~~	96991
~~that has enacted a zoning ordinance or resolution establishing~~	96992
~~planned-unit development districts as defined in section 519.021~~	96993
~~of the Revised Code may exclude such facilities from such~~	96994
~~districts, and a political subdivision that has enacted a zoning~~	96995
~~ordinance or resolution may regulate such facilities in~~	96996
~~multiple-family residential districts or zones as a conditionally~~	96997
~~permitted use or special exception, in either case, under~~	96998
~~reasonable and specific standards and conditions set out in the~~	96999
~~zoning ordinance or resolution to:~~	97000

~~(a) Require the architectural design and site layout of the~~	97001
~~home and the location, nature, and height of any walls, screens,~~	97002
~~and fences to be compatible with adjoining land uses and the~~	97003
~~residential character of the neighborhood;~~	97004

~~(b) Require compliance with yard, parking, and sign~~	97005
~~regulation.~~	97006

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	97007
~~any right of a political subdivision to permit a person to operate~~	97008
~~a residential facility licensed under this section in a~~	97009
~~single-family residential district or zone under conditions~~	97010
~~established by the political subdivision.~~	97011

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	97012
~~section and except as provided in division (E)(4)(b) of this~~	97013
~~section, a political subdivision that has enacted a zoning~~	97014
~~ordinance or resolution may limit the excessive concentration of~~	97015
~~licensed residential facilities that meet the criteria specified~~	97016
~~in division (A)(9)(b) of this section.~~	97017

~~(b) Division (E)(4)(a) of this section does not authorize a~~	97018
~~political subdivision to prevent or limit the continued existence~~	97019
~~and operation of residential facilities existing and operating on~~	97020
~~September 10, 2012, and that meet the criteria specified in~~	97021
~~division (A)(9)(b) of this section. A political subdivision may~~	97022
~~consider the existence of such facilities for the purpose of~~	97023
~~limiting the excessive concentration of such facilities that meet~~	97024
~~the criteria specified in division (A)(9)(b) of this section that~~	97025
~~are not existing and operating on September 10, 2012.~~	97026

~~(F)(1)~~ The department of ~~mental health~~mental health and	97027
addiction services shall inspect and license the operation of	97028
residential facilities. The department shall consider the past	97029
record of the facility and the applicant or licensee in arriving	97030
at its licensure decision.	97031

The department may issue full, probationary, and interim	97032
licenses. A full license shall expire ~~two~~up to three years after	97033
the date of issuance, a probationary license shall expire in a	97034
shorter period of time as specified in rules adopted by the	97035
director of mental health under division ~~(L)~~(K) of this section,	97036
and an interim license shall expire ninety days after the date of	97037
issuance. A license may be renewed in accordance with rules	97038
adopted by the director under division ~~(L)~~(K) of this section. The	97039
renewal application shall be submitted by the operator. When	97040
applying for renewal of a license, the applicant shall pay to the	97041
department the renewal fee specified in rules adopted under	97042
division ~~(L)~~(K) of this section. The fee is nonrefundable.	97043

(2) The department may issue an order suspending the	97044
admission of residents to the facility or refuse to issue or renew	97045
and may revoke a license if it finds the facility is not in	97046
compliance with rules adopted by the director pursuant to division	97047
~~(L)~~(K) of this section or if any facility operated by the	97048
applicant or licensee has been cited for repeated violations of	97049
statutes or rules during the period of previous licenses.	97050
Proceedings initiated to deny applications for full or	97051
probationary licenses or to revoke such licenses are governed by	97052
Chapter 119. of the Revised Code.	97053

~~(G)~~(F) The department may issue an interim license to operate	97054
a residential facility if both of the following conditions are	97055
met:	97056

(1) The department determines that the closing of or the need	97057
to remove residents from another residential facility has created	97058
an emergency situation requiring immediate removal of residents	97059
and an insufficient number of licensed beds are available.	97060

(2) The residential facility applying for an interim license	97061
meets standards established for interim licenses in rules adopted	97062
by the director under division ~~(L)~~(K) of this section.	97063

An interim license shall be valid for ninety days and may be	97064
renewed by the director no more than twice. Proceedings initiated	97065
to deny applications for or to revoke interim licenses under this	97066
division are not subject to Chapter 119. of the Revised Code.	97067

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	97068
addiction services may conduct an inspection of a residential	97069
facility as follows:	97070

(a) Prior to issuance of a license for the facility;

97071

(b) Prior to renewal of the license;

97072

(c) To determine whether the facility has completed a plan of	97073
correction required pursuant to division ~~(H)~~(G)(2) of this section	97074
and corrected deficiencies to the satisfaction of the department	97075
and in compliance with this section and rules adopted pursuant to	97076
it;	97077

(d) Upon complaint by any individual or agency;

97078

(e) At any time the director considers an inspection to be	97079
necessary in order to determine whether the facility is in	97080
compliance with this section and rules adopted pursuant to this	97081
section.	97082

(2) In conducting inspections the department may conduct an	97083
on-site examination and evaluation of the residential facility and	97084
its personnel, activities, and services. The department shall have	97085
access to examine and copy all records, accounts, and any other	97086
documents relating to the operation of the residential facility,	97087
including records pertaining to residents, and shall have access	97088
to the facility in order to conduct interviews with the operator,	97089
staff, and residents. Following each inspection and review, the	97090
department shall complete a report listing any deficiencies, and	97091
including, when appropriate, a time table within which the	97092
operator shall correct the deficiencies. The department may	97093
require the operator to submit a plan of correction describing how	97094
the deficiencies will be corrected.	97095

~~(I)~~(H) No person shall do any of the following:

97096

(1) Operate a residential facility unless the facility holds	97097
a valid license;	97098

(2) Violate any of the conditions of licensure after having	97099
been granted a license;	97100

(3) Interfere with a state or local official's inspection or	97101
investigation of a residential facility;	97102

(4) Violate any of the provisions of this section or any	97103
rules adopted pursuant to this section.	97104

~~(J)~~(I) The following may enter a residential facility at any	97105
time:	97106

(1) Employees designated by the director of ~~mental health~~	97107
mental health and addiction services;	97108

(2) Employees of an ADAMHS board under either of the	97109
following circumstances:	97110

(a) When a resident of the facility is receiving services	97111
from a community mental health ~~agency~~services provider under	97112
contract with that ADAMHS board or another ADAMHS board;	97113

(b) When authorized by section 340.05 of the Revised Code.

97114

(3) Employees of a community mental health ~~agency~~services	97115
provider under either of the following circumstances:	97116

(a) When the ~~agency~~services provider has a ~~client~~person	97117
receiving services residing in the facility;	97118

(b) When the ~~agency~~services provider is acting as an agent	97119
of an ADAMHS board other than the board with which it is under	97120
contract.	97121

(4) Representatives of the state long-term care ~~ombudsperson~~	97122
ombudsman program when the facility provides accommodations,	97123
supervision, and personal care services for three to sixteen	97124
unrelated adults or to one or two unrelated adults who are	97125
recipients under the residential state supplement program.	97126

The persons specified in division ~~(J)~~(I) of this section	97127
shall be afforded access to examine and copy all records,	97128
accounts, and any other documents relating to the operation of the	97129
residential facility, including records pertaining to residents.	97130

~~(K)~~(J) Employees of the department of ~~mental health~~mental	97131
health and addiction services may enter, for the purpose of	97132
investigation, any institution, residence, facility, or other	97133
structure which has been reported to the department as, or that	97134
the department has reasonable cause to believe is, operating as a	97135
residential facility without a valid license.	97136

~~(L)~~(K) The director shall adopt and may amend and rescind	97137
rules pursuant to Chapter 119. of the Revised Code governing the	97138
licensing and operation of residential facilities. The rules shall	97139
establish all of the following:	97140

(1) Minimum standards for the health, safety, adequacy, and	97141
cultural competency of treatment of and services for persons in	97142
residential facilities;	97143

(2) Procedures for the issuance, renewal, or revocation of	97144
the licenses of residential facilities;	97145

(3) Procedures for conducting criminal records checks for	97146
prospective or current operators, ~~staff~~employees, and ~~other~~	97147
~~individuals~~volunteers who~~, if employed by a residential~~	97148
~~facility, would~~may have ~~unsupervised~~direct access to facility	97149
residents;	97150

(4) The fee to be paid when applying for a new residential	97151
facility license or renewing the license;	97152

(5) Procedures for the operator of a residential facility to	97153
follow when notifying the ADAMHS board serving the county in which	97154
the facility is located when the facility is serving residents	97155
with mental illness or severe mental disability, including the	97156
circumstances under which the operator is required to make such a	97157
notification;	97158

(6) Procedures for the issuance and termination of orders of	97159
suspension of admission of residents to a residential facility;	97160

(7) Measures to be taken by residential facilities relative	97161
to residents' medication;	97162

(8) Requirements relating to preparation of special diets;

97163

(9) The maximum number of residents who may be served in a	97164
residential facility;	97165

(10) The rights of residents of residential facilities and	97166
procedures to protect such rights;	97167

(11) Procedures for obtaining an affiliation agreement	97168
approved by the board between a residential facility and a	97169
community mental health ~~agency~~services provider;	97170

(12) Standards and procedures under which the director may	97171
waive the requirements of any of the rules adopted.	97172

~~(M)~~(L)(1) The department may withhold the source of any	97173
complaint reported as a violation of this section when the	97174
department determines that disclosure could be detrimental to the	97175
department's purposes or could jeopardize the investigation. The	97176
department may disclose the source of any complaint if the	97177
complainant agrees in writing to such disclosure and shall	97178
disclose the source upon order by a court of competent	97179
jurisdiction.	97180

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	97181
of this section, or any person who participates in an	97182
administrative or judicial proceeding resulting from such a	97183
complaint, is immune from civil liability and is not subject to	97184
criminal prosecution, other than for perjury, unless the person	97185
has acted in bad faith or with malicious purpose.	97186

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	97187
addiction services may petition the court of common pleas of the	97188
county in which a residential facility is located for an order	97189
enjoining any person from operating a residential facility without	97190
a license or from operating a licensed facility when, in the	97191
director's judgment, there is a present danger to the health or	97192
safety of any of the occupants of the facility. The court shall	97193
have jurisdiction to grant such injunctive relief upon a showing	97194
that the respondent named in the petition is operating a facility	97195
without a license or there is a present danger to the health or	97196
safety of any residents of the facility.	97197

(2) When the court grants injunctive relief in the case of a	97198
facility operating without a license, the court shall issue, at a	97199
minimum, an order enjoining the facility from admitting new	97200
residents to the facility and an order requiring the facility to	97201
assist with the safe and orderly relocation of the facility's	97202
residents.	97203

(3) If injunctive relief is granted against a facility for	97204
operating without a license and the facility continues to operate	97205
without a license, the director shall refer the case to the	97206
attorney general for further action.	97207

~~(O)~~(N) The director may fine a person for violating division	97208
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	97209
a first offense; for each subsequent offense, the fine shall be	97210
one thousand dollars. The director's actions in imposing a fine	97211
shall be taken in accordance with Chapter 119. of the Revised	97212
Code.	97213

Sec. 5119.341. (A) Any person may operate a residential	97214
facility providing accommodations and personal care services for	97215
one to five unrelated persons and licensed as a residential	97216
facility that meets the criteria specified in division (A)(9)(b)	97217
of section 5119.34 of the Revised Code as a permitted use in any	97218
residential district or zone, including any single-family	97219
residential district or zone of any political subdivision. Such	97220
facilities may be required to comply with area, height, yard, and	97221
architectural compatibility requirements that are uniformly	97222
imposed upon all single-family residences within the district or	97223
zone.	97224

(B) Any person may operate a residential facility providing	97225
accommodations and personal care services for six to sixteen	97226
persons and licensed as a residential facility that meets the	97227
criteria specified in division (A)(9)(b) of section 5119.34 of the	97228
Revised Code as a permitted use in any multiple-family residential	97229
district or zone of any political subdivision, except that a	97230
political subdivision that has enacted a zoning ordinance or	97231
resolution establishing planned-unit developments as defined in	97232
section 519.021 of the Revised Code may exclude such facilities	97233
from such districts, and a political subdivision that has enacted	97234
a zoning ordinance or resolution may regulate such facilities in	97235
multiple-family residential districts or zones as a conditionally	97236
permitted use or special exception, in either case, under	97237
reasonable and specific standards and conditions set out in the	97238
zoning ordinance or resolution to:	97239

(1) Require the architectural design and site layout of the	97240
home and the location, nature, and height of any walls, screens,	97241
and fences to be compatible with adjoining land uses and the	97242
residential character of the neighborhood;	97243

(2) Require compliance with yard, parking, and sign	97244
regulation.	97245

(C) Divisions (A) and (B) of this section do not affect any	97246
right of a political subdivision to permit a person to operate a	97247
residential facility licensed under section 5119.34 of the Revised	97248
Code in a single-family residential district or zone under	97249
conditions established by the political subdivision.	97250

(D)(1) Notwithstanding divisions (A) and (B) of this section	97251
and except as provided in division (D)(2) of this section, a	97252
political subdivision that has enacted a zoning ordinance or	97253
resolution may limit the excessive concentration of licensed	97254
residential facilities that meet the criteria specified in	97255
division (A)(9)(b) of section 5119.34 of the Revised Code.	97256

(2) Division (D)(1) of this section does not authorize a	97257
political subdivision to prevent or limit the continued existence	97258
and operation of residential facilities existing and operating on	97259
September 10, 2012, and that meet the criteria specified in	97260
division (A)(9)(b) of section 5119.34 of the Revised Code. A	97261
political subdivision may consider the existence of such	97262
facilities for the purpose of limiting the excessive concentration	97263
of such facilities that meet the criteria specified in division	97264
(A)(9)(b) of section 5119.34 of the Revised Code that are not	97265
existing and operating on September 10, 2012.	97266

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	97267
~~mental health~~mental health and addiction services, the court of	97268
common pleas or the probate court may appoint a receiver to take	97269
possession of and operate a residential facility licensed pursuant	97270
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	97271
existing at the residential facility present a substantial risk of	97272
physical or mental harm to residents and no other remedies at law	97273
are adequate to protect the health, safety, and welfare of the	97274
residents.	97275

Petitions filed pursuant to this section shall include:

97276

(1) A description of the specific conditions existing at the	97277
residential facility which present a substantial risk of physical	97278
or mental harm to residents;	97279

(2) A statement of the absence of other adequate remedies at	97280
law;	97281

(3) The number of individuals residing at the facility;

97282

(4) A statement that the facts have been brought to the	97283
attention of the owner or licensee and that conditions have not	97284
been remedied within a reasonable period of time or that the	97285
conditions, though remedied periodically, habitually exist at the	97286
residential facility as a pattern or practice; and	97287

(5) The name and address of the person holding the license	97288
for the residential facility.	97289

(B) A court in which a petition is filed pursuant to this	97290
section shall notify the person holding the license for the	97291
facility of the filing. The department shall send notice of the	97292
filing to the following, as appropriate: the Ohio protection and	97293
advocacy system as defined in section 5123.60 of the Revised Code;	97294
facility owner; facility operator; board of alcohol, drug	97295
addiction, and mental health services; board of health; department	97296
of developmental disabilities; department of job and family	97297
services; facility residents; and residents' families and	97298
guardians. The court shall provide a hearing on the petition	97299
within five court days of the time it was filed, except that the	97300
court may appoint a receiver prior to that time if it determines	97301
that the circumstances necessitate such action.	97302

Following a hearing on the petition, and upon a determination	97303
that the appointment of a receiver is warranted, the court shall	97304
appoint a receiver and notify the department of ~~mental health~~	97305
mental health and addiction services and appropriate persons of	97306
this action.	97307

In setting forth the powers of the receiver, the court may	97308
generally authorize the receiver to do all that is prudent and	97309
necessary to safely and efficiently operate the residential	97310
facility within the requirements of state and federal law, but	97311
shall require the receiver to obtain court approval prior to	97312
making any single expenditure of more than five thousand dollars	97313
to correct deficiencies in the structure or furnishings of a	97314
facility. The court shall closely review the conduct of the	97315
receiver and shall require regular and detailed reports.	97316

(C) A receivership established pursuant to this section shall	97317
be terminated, following notification of the appropriate parties	97318
and a hearing, if the court determines either of the following:	97319

(1) The residential facility has been closed and the former	97320
residents have been relocated to an appropriate facility;	97321

(2) Circumstances no longer exist at the residential facility	97322
which present a substantial risk of physical or mental harm to	97323
residents, and there is no deficiency in the residential facility	97324
that is likely to create a future risk of harm.	97325

Notwithstanding division (C)(2) of this section, the court	97326
shall not terminate a receivership for a residential facility that	97327
has previously operated under another receivership unless the	97328
responsibility for the operation of the facility is transferred to	97329
an operator approved by the court and the department of ~~mental~~	97330
~~health~~mental health and addiction services.	97331

(D) Except for the department of ~~mental health~~mental health	97332
and addiction services or appropriate board of alcohol, drug	97333
addiction, and mental health services, no party or person	97334
interested in an action shall be appointed a receiver pursuant to	97335
this section.	97336

To assist the court in identifying persons qualified to be	97337
named as receivers, the director of ~~the department of mental~~	97338
~~health~~mental health and addiction services shall maintain a list	97339
of the names of such persons. The department of ~~mental health~~	97340
mental health and addiction services, the department of job and	97341
family services, and the department of health shall provide	97342
technical assistance to any receiver appointed pursuant to this	97343
section.	97344

Before entering upon the duties of receiver, the receiver	97345
must be sworn to perform the duties faithfully, and, with surety	97346
approved by the court, judge, or clerk, execute a bond to such	97347
person, and in such sum as the court or judge directs, to the	97348
effect that such receiver will faithfully discharge the duties of	97349
receiver in the action, and obey the orders of the court therein.	97350

(1) Under the control of the appointing court, a receiver may	97351
do the following:	97352

(a) Bring and defend actions in the appointee's name as	97353
receiver;	97354

(b) Take and keep possession of property.

97355

(2) The court shall authorize the receiver to do the	97356
following:	97357

(a) Collect payment for all goods and services provided to	97358
the residents or others during the period of the receivership at	97359
the same rate as was charged by the licensee at the time the	97360
petition for receivership was filed, unless a different rate is	97361
set by the court;	97362

(b) Honor all leases, mortgages, and secured transactions	97363
governing all buildings, goods, and fixtures of which the receiver	97364
has taken possession, but, in the case of a rental agreement only	97365
to the extent of payments that are for the use of the property	97366
during the period of the receivership, or, in the case of a	97367
purchase agreement, only to the extent that payments come due	97368
during the period of the receivership;	97369

(c) If transfer of residents is necessary, provide for the	97370
orderly transfer of residents by:	97371

(i) Cooperating with all appropriate state and local agencies	97372
in carrying out the transfer of residents to alternative community	97373
placements;	97374

(ii) Providing for the transportation of residents'	97375
belongings and records;	97376

(iii) Helping to locate alternative placements and develop	97377
plans for transfer;	97378

(iv) Encouraging residents or guardians to participate in	97379
transfer planning except when an emergency exists and immediate	97380
transfer is necessary.	97381

(d) Make periodic reports on the status of the residential	97382
facility to the court; the appropriate state agencies; and the	97383
board of alcohol, drug addiction, and mental health services. Each	97384
report shall be made available to residents, their guardians, and	97385
families.	97386

(e) Compromise demands or claims; and

97387

(f) Generally do such acts respecting the residential	97388
facility as the court authorizes.	97389

Notwithstanding any other provision of law, contracts which	97390
are necessary to carry out the powers and duties of the receiver	97391
need not be competitively bid.	97392

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	97393
services provider applicant or community addiction services	97394
provider applicant that seeks certification of its community	97395
mental health services or community addiction services shall	97396
submit an application to the director of ~~mental health~~mental	97397
health and addiction services. On receipt of the application, the	97398
director may ~~visit~~conduct an on-site review and shall evaluate	97399
the ~~agency~~provider to determine whether its services satisfy the	97400
standards established by rules adopted under division ~~(C)~~(E) of	97401
this section. The director shall make the evaluation, and, if the	97402
director ~~visits~~conducts an on-site review of the ~~agency~~	97403
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	97404
the board of alcohol, drug addiction, and mental health services	97405
with which the ~~agency~~provider seeks to contract under division	97406
(A)(8)(a) of section 340.03 of the Revised Code.	97407

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	97408
the director shall determine whether the services of an	97409
~~applicant's community mental health agency~~applicant satisfy the	97410
standards for certification of the services. If the director	97411
determines that a community mental health ~~agency's~~ services	97412
provider's or a community addiction services provider's services	97413
satisfy the standards for certification and the ~~agency~~provider	97414
has paid the fee required under division (D) of this section, the	97415
director shall certify the services. No community mental health	97416
services provider or community addiction services provider shall	97417
be eligible to receive state or federal funds, or funds	97418
administered by a board of alcohol, drug addiction, and mental	97419
health services unless its services have been certified by the	97420
department.	97421

(C) If the director determines that a community mental health	97422
~~agency's~~ services provider's or a community addiction services	97423
provider's services do not satisfy the standards for	97424
certification, the director shall identify the areas of	97425
noncompliance, specify what action is necessary to satisfy the	97426
standards, and may offer technical assistance to the provider and	97427
to the board of alcohol, drug addiction, and mental health	97428
services so that the board may assist the ~~agency~~provider in	97429
satisfying the standards. The director shall give the ~~agency~~	97430
provider a reasonable time within which to demonstrate that its	97431
services satisfy the standards or to bring the services into	97432
compliance with the standards. If the director concludes that the	97433
services continue to fail to satisfy the standards, the director	97434
may request that the board reallocate ~~the~~any funds for the	97435
~~community~~ mental health or addiction services the ~~agency~~provider	97436
was to provide to another community mental health ~~agency~~or	97437
addiction services provider whose community mental health or	97438
community addiction services satisfy the standards. If the board	97439
does not reallocate ~~those~~such funds in a reasonable period of	97440
time, the director may withhold state and federal funds for the	97441
~~community mental health~~ services and allocate those funds directly	97442
to a community mental health ~~agency~~or community addiction	97443
services provider whose ~~community mental health~~ services satisfy	97444
the standards.	97445

(D) Each community mental health ~~agency~~services provider or	97446
community addiction services provider seeking certification of its	97447
~~community~~ mental health or addiction services under this section	97448
shall pay a fee for the certification required by this section,	97449
unless the provider is exempt under rules adopted under division	97450
(E) of this section. Fees shall be paid into the state treasury to	97451
the credit of the sale of goods and services fund created pursuant	97452
to section ~~5119.161~~5119.45 of the Revised Code.	97453

(E) The director shall adopt rules in accordance with Chapter	97454
119. of the Revised Code to implement this section. The rules	97455
shall do all of the following:	97456

(1) Establish certification standards for ~~community~~ mental	97457
health services~~, including assertive community treatment and~~	97458
~~intensive home-based mental health services,~~and addiction	97459
services that are consistent with nationally recognized applicable	97460
standards and facilitate participation in federal assistance	97461
programs. The rules shall include as certification standards only	97462
requirements that improve the quality of services or the health	97463
and safety of ~~clients of~~persons receiving community mental health	97464
and addiction services. The standards shall address at a minimum	97465
all of the following:	97466

(a) Reporting major unusual incidents to the director;

97467

(b) Procedures for applicants for and ~~clients of~~persons	97468
receiving community mental health and addiction services to file	97469
grievances and complaints;	97470

97471

(d) Restraint;

97472

(e) Requirements regarding physical facilities of service	97473
delivery sites;	97474

(f) Requirements with regard to health, safety, adequacy, and	97475
cultural specificity and sensitivity;	97476

(g) Standards for evaluating services;

97477

(h) Standards and procedures for granting full or conditional	97478
certification to a service provider;	97479

(i) Standards and procedures for revoking the certification	97480
of a provider's services that do not continue to meet the minimum	97481
standards established pursuant to this section;	97482

(j) The limitations to be placed on a provider that is	97483
granted conditional certification;	97484

(k) Development of written policies addressing the rights of	97485
~~clients~~persons receiving services, including all of the	97486
following:	97487

(i) The right to a copy of the written policies addressing	97488
~~client~~the rights of persons receiving services;	97489

(ii) The right at all times to be treated with consideration	97490
and respect for the ~~client's~~person's privacy and dignity;	97491

(iii) The right to have access to the ~~client's~~person's own	97492
psychiatric, medical, or other treatment records unless access is	97493
specifically restricted in the ~~client's~~person's treatment plan	97494
for clear treatment reasons;	97495

(iv) The right to have a client rights officer provided by	97496
the ~~agency~~services provider or board of alcohol, drug addiction,	97497
and mental health services advise the ~~client~~person of the	97498
~~client's~~person's rights, including the ~~client's~~person's rights	97499
under Chapter 5122. of the Revised Code if the ~~client~~person is	97500
committed to the ~~agency~~provider or board.	97501

(2) ~~Establish standards for qualifications of mental health~~	97502
~~professionals as defined in section 340.02 of the Revised Code and~~	97503
~~personnel who provide the community mental health services;~~	97504

~~(3)~~ Establish the process for certification of community	97505
mental health and addiction services;	97506

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	97507
~~portion of the cost of performing the review~~;	97508

~~(5)~~(4) Specify the type of notice and hearing to be provided	97509
prior to a decision on whether to reallocate funds.	97510

(F) The department shall maintain a current list of providers	97511
whose addiction services are certified by the department under	97512
division (B) of this section and shall provide a copy of the list	97513
to a judge of a court of common pleas who requests a copy for the	97514
use of the judge under division (H) of section 2925.03 of the	97515
Revised Code. The list of certified addiction services shall	97516
identify each provider by its name, its address, and the county in	97517
which it is located.	97518

(G) No person shall represent in any manner that a provider	97519
is certified by the department if the provider is not certified at	97520
the time the representation is made.	97521

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	97522
health and addiction services shall require that each board of	97523
alcohol, drug addiction, and mental health services ensure that	97524
each community mental health ~~agency~~services provider and	97525
community addiction services provider with which it contracts	97526
under division (A)(8)(a) of section 340.03 of the Revised Code to	97527
provide community mental health or addiction services establish	97528
grievance procedures consistent with rules adopted under section	97529
~~5119.611~~5119.36 of the Revised Code that are available to all	97530
~~applicants for and clients of the~~persons seeking or receiving	97531
services from a community mental health or addiction services	97532
provider.	97533

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	97534
director of ~~mental health~~mental health and addiction services of	97535
whether the services of a community mental health ~~agency~~services	97536
provider or a community addiction services provider satisfy the	97537
standards for certification under section ~~5119.611~~5119.36 of the	97538
Revised Code, the director shall accept appropriate accreditation	97539
of an applicant's mental health services, alcohol and drug	97540
addiction services, integrated mental health and alcohol and other	97541
drug addiction services, or integrated mental health and physical	97542
health services, or integrated alcohol and other drug addiction	97543
and physical health services being provided in this state from any	97544
of the following national accrediting organizations as evidence	97545
that the applicant satisfies the standards for certification:	97546

(1) The joint commission;

97547

(2) The commission on accreditation of rehabilitation	97548
facilities;	97549

(3) The council on accreditation;

97550

(4) Other behavioral health accreditation as determined by	97551
the director.	97552

(B) If the director determines that an applicant's	97553
accreditation is current, is appropriate for the services for	97554
which the applicant is seeking certification, and the applicant	97555
meets any other requirements established under this section or in	97556
rules adopted under this section, the director shall certify the	97557
applicant's services that are accredited. Except as provided in	97558
division (C)(2) of this section, the director shall issue the	97559
certification without further evaluation of the services.	97560

97561

(1) The director may review the accrediting organizations	97562
listed in division (A) of this section to evaluate whether the	97563
accreditation standards and processes used by the organizations	97564
are consistent with service delivery models the director considers	97565
appropriate for mental health services, alcohol or other drug	97566
addiction services, physical health services, or both. The	97567
director may communicate to an accrediting organization any	97568
identified concerns, trends, needs, and recommendations.	97569

(2) The director may ~~visit~~conduct an on-site review or	97570
otherwise evaluate a community mental health ~~agency~~services	97571
provider or a community addiction services provider at any time	97572
based on cause, including complaints made by or on behalf of	97573
~~consumers~~persons receiving services and confirmed or alleged	97574
deficiencies brought to the attention of the director.	97575

(3) The director shall require a community mental health	97576
~~agency~~services provider and a community addiction services	97577
provider to notify the director not later than ten days after any	97578
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	97579
provider may notify the director by providing a copy of the	97580
relevant document the ~~agency~~provider received from the	97581
accrediting organization.	97582

(4) The director shall require a community mental health	97583
~~agency~~services provider and a community addiction services	97584
provider to submit to the director reports of major unusual	97585
incidents.	97586

(5) The director may require a community mental health ~~agency~~	97587
services provider or a community addiction services provider to	97588
submit to the director cost reports pertaining to the ~~agency~~	97589
provider.	97590

(D) The director shall adopt rules in accordance with Chapter	97591
119. of the Revised Code to implement this section. In adopting	97592
the rules, the director shall do all of the following:	97593

(1) Specify the documentation that must be submitted as	97594
evidence of holding appropriate accreditation;	97595

(2) Establish a process by which the director may review the	97596
accreditation standards and processes used by the national	97597
accrediting organizations listed in division (A) of this section;	97598

(3) Specify the circumstances under which reports of major	97599
unusual incidents and ~~agency~~provider cost reports must be	97600
submitted to the director;	97601

(4) Specify the circumstances under which the director may	97602
~~visit~~conduct an on-site review or otherwise evaluate a community	97603
mental health ~~agency~~services provider and a community addiction	97604
services provider for cause;	97605

(5) Establish a process by which the director, based on	97606
deficiencies identified as a result of ~~visiting~~conducting an	97607
on-site review or evaluating a community mental health ~~agency~~	97608
services provider or a community addiction services provider under	97609
division (C)(2) of this section, may take any of a range of	97610
corrective actions, with the most stringent being revocation of	97611
the certification of the ~~agency's~~provider's services.	97612

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	97613
used as an alternative to a term of imprisonment for an offender	97614
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	97615
Revised Code, if it is certified by the director of ~~alcohol and~~	97616
~~drug addiction services~~mental health and addiction services	97617
pursuant to this section. No drivers' intervention program shall	97618
be used as an alternative to a term of imprisonment that is	97619
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	97620
section 4511.19 of the Revised Code.	97621

To qualify for certification by the director and to receive	97622
funds from the statewide treatment and prevention fund created by	97623
section 4301.30 of the Revised Code in any amounts and at any	97624
times that the director determines are appropriate, a drivers'	97625
intervention program shall meet state minimum standards that the	97626
director shall establish by rule. The rules shall include, but are	97627
not limited to, standards governing program course hours and	97628
content, qualifications of program personnel, methods of	97629
identifying and testing participants to isolate participants with	97630
alcohol and drug abuse problems, referral of such persons to	97631
~~alcohol and drug~~community addiction ~~programs~~services providers,	97632
the prompt notification of courts by program operators of the	97633
completion of the programs by persons required by courts to attend	97634
them, and record keeping, including methods of tracking	97635
participants for a reasonable time after they have left the	97636
program.	97637

The director shall issue a certificate to any qualified	97638
drivers' intervention program. The certificate is valid for three	97639
years.	97640

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	97641
addiction ~~program~~services provider shall employ methadone	97642
treatment or prescribe, dispense, or administer methadone unless	97643
the program is licensed under this section. No ~~alcohol and drug~~	97644
community addiction ~~program~~services provider licensed under this	97645
section shall maintain methadone treatment in a manner	97646
inconsistent with this section and the rules adopted under it.	97647

(B) ~~An alcohol and drug~~A community addiction ~~program~~	97648
services provider may apply to the department of ~~alcohol and drug~~	97649
~~addiction services~~mental health and addiction services for a	97650
license to maintain methadone treatment. The department shall	97651
review all applications received.	97652

(C) The department may issue a license to maintain methadone	97653
treatment to ~~an alcohol and drug~~community addiction ~~program~~	97654
services provider only if all of the following apply:	97655

(1) The ~~program~~provider is operated by a private, nonprofit	97656
organization or by a government entity;	97657

(2) For at least two years immediately preceding the date of	97658
application, the ~~program~~provider has been fully certified under	97659
section ~~3793.06~~5119.36 of the Revised Code;	97660

(3) The ~~program~~provider has not been denied a license to	97661
maintain methadone treatment or had its license withdrawn or	97662
revoked within the five-year period immediately preceding the date	97663
of application;	97664

(4) It affirmatively appears to the department that the	97665
~~program~~provider is adequately staffed and equipped to maintain	97666
methadone treatment;	97667

(5) It affirmatively appears to the department that the	97668
~~program~~provider will maintain methadone treatment in strict	97669
compliance with section 3719.61 of the Revised Code, all other	97670
laws relating to drug abuse, and the rules adopted by the	97671
department;	97672

(6) Except as provided in division (D) of this section, there	97673
is no public or private school, licensed child day-care center, or	97674
other child-serving agency within a radius of five hundred feet of	97675
the location where the program is to maintain methadone treatment.	97676

(D) The department may waive the requirement of division	97677
(C)(6) of this section if it receives, from each public or private	97678
school, licensed child day-care center, or other child-serving	97679
agency that is within the applicable radius of the location where	97680
the program is to maintain methadone treatment, a letter of	97681
support for the location. The department shall determine whether a	97682
letter of support is satisfactory for purposes of waiving the	97683
requirement.	97684

(E) A license to maintain methadone treatment shall expire	97685
one year from the date of issuance. Licenses may be renewed.	97686

(F) The department shall establish procedures and adopt rules	97687
for licensing, inspection, and supervision of ~~alcohol and drug~~	97688
community addiction ~~programs~~services providers that maintain	97689
methadone treatment. The rules shall establish standards for the	97690
control, storage, furnishing, use, and dispensing of methadone,	97691
prescribe minimum standards for the operation of the methadone	97692
treatment component of the ~~program,~~provider's operations and	97693
comply with federal laws and regulations.	97694

All rules adopted under this division shall be adopted in	97695
accordance with Chapter 119. of the Revised Code. All actions	97696
taken by the department regarding the licensing of ~~programs~~	97697
providers to maintain methadone treatment shall be conducted in	97698
accordance with Chapter 119. of the Revised Code, except as	97699
provided in division (L) of this section.	97700

(G) The department of ~~alcohol and drug addiction services~~	97701
mental health and addiction services shall inspect all ~~alcohol and~~	97702
~~drug~~community addiction ~~programs~~services providers licensed to	97703
maintain methadone treatment. Inspections shall be conducted at	97704
least annually and may be conducted more frequently. No person or	97705
government entity shall interfere with a state or local government	97706
official acting on behalf of the department while conducting an	97707
inspection.	97708

(H) An ~~alcohol and drug~~community addiction ~~program~~services	97709
provider shall not administer or dispense methadone in a tablet,	97710
powder, or intravenous form. Methadone shall be administered or	97711
dispensed only in a liquid form intended for ingestion. A ~~program~~	97712
services provider shall not administer or dispense methadone to an	97713
individual for pain or other medical reasons.	97714

(I) As used in this division, "program sponsor" means a	97715
person who assumes responsibility for the operation and employees	97716
of the methadone treatment component of ~~an alcohol and drug~~a	97717
community addiction ~~program~~services provider.	97718

~~An alcohol and drug~~A community addiction ~~program~~services	97719
provider shall not employ an individual who receives methadone	97720
treatment from that ~~program~~services provider. A program shall not	97721
permit an individual to act as a ~~program~~provider sponsor,	97722
medical director, or director of the ~~program~~provider if the	97723
individual is receiving methadone treatment from any ~~alcohol and~~	97724
~~drug~~community addiction ~~program~~services provider.	97725

(J) The department may issue orders to assure compliance with	97726
section 3719.61 of the Revised Code, all other laws relating to	97727
drug abuse, and the rules adopted under this section. Subject to	97728
section ~~3793.13~~5119.27 of the Revised Code, the department may	97729
hold hearings, require the production of relevant matter, compel	97730
testimony, issue subpoenas, and make adjudications. Upon failure	97731
of a person without lawful excuse to obey a subpoena or to produce	97732
relevant matter, the department may apply to a court of common	97733
pleas for an order compelling compliance.	97734

(K) The department may refuse to issue, or may withdraw or	97735
revoke, a license to maintain methadone treatment. A license may	97736
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	97737
services provider does not meet the requirements of division (C)	97738
of this section. A license may be withdrawn at any time the	97739
department determines that the program no longer meets the	97740
requirements for receiving the license. A license may be revoked	97741
in accordance with division (L) of this section.	97742

In the case of a license issued prior to ~~the effective date~~	97743
~~of this amendment~~December 20, 2012, the department shall not	97744
consider the requirement of division (C)(6) of this section in	97745
determining whether to renew, withdraw, or revoke the license.	97746

(L) If the department of ~~alcohol and drug addiction services~~	97747
mental health and addiction services finds reasonable cause to	97748
believe that ~~an alcohol and drug~~a community addiction ~~program~~	97749
services provider licensed under this section is in violation of	97750
any provision of section 3719.61 of the Revised Code, or of any	97751
other state or federal law or rule relating to drug abuse, the	97752
department may issue an order immediately revoking the license,	97753
subject to division (M) of this section. The department shall set	97754
a date not more than fifteen days later than the date of the order	97755
of revocation for a hearing on the continuation or cancellation of	97756
the revocation. For good cause, the department may continue the	97757
hearing on application of any interested party. In conducting	97758
hearings, the department has all the authority and power set forth	97759
in division (J) of this section. Following the hearing, the	97760
department shall either confirm or cancel the revocation. The	97761
hearing shall be conducted in accordance with Chapter 119. of the	97762
Revised Code, except that the ~~program~~provider shall not be	97763
permitted to maintain methadone treatment pending the hearing or	97764
pending any appeal from an adjudication made as a result of the	97765
hearing. Notwithstanding any provision of Chapter 119. of the	97766
Revised Code to the contrary, a court shall not stay or suspend	97767
any order of revocation issued by the director under this division	97768
pending judicial appeal.	97769

(M) The department shall not revoke a license to maintain	97770
methadone treatment unless all ~~clients~~services recipients	97771
receiving methadone treatment from the ~~alcohol and drug~~community	97772
addiction ~~program~~services provider are provided adequate	97773
substitute treatment. For purposes of this division, the	97774
department may transfer the ~~clients~~services recipients to other	97775
programs licensed to maintain methadone treatment or replace any	97776
or all of the administrators and staff of the ~~program~~provider	97777
with representatives of the department who shall continue on a	97778
provisional basis the methadone treatment component of the	97779
program.	97780

(N) Each time the department receives an application from an	97781
~~alcohol and drug~~a community addiction ~~program~~services provider	97782
for a license to maintain methadone treatment, issues or refuses	97783
to issue a license, or withdraws or revokes a license, the	97784
department shall notify the board of alcohol, drug addiction, and	97785
mental health services of each alcohol, drug addiction, and mental	97786
health service district in which the ~~program is operated~~provider	97787
operates.	97788

(O) Whenever it appears to the department from files, upon	97789
complaint, or otherwise, that ~~an alcohol and drug~~a community	97790
addiction ~~program~~services provider has engaged in any practice	97791
declared to be illegal or prohibited by section 3719.61 of the	97792
Revised Code, or any other state or federal laws or regulations	97793
relating to drug abuse, or when the department believes it to be	97794
in the best interest of the public and necessary for the	97795
protection of the citizens of the state, the department may	97796
request criminal proceedings by laying before the prosecuting	97797
attorney of the proper county any evidence of criminality which	97798
may come to its knowledge.	97799

(P) The department shall maintain a current list of ~~alcohol~~	97800
~~and drug~~community addiction ~~programs~~services providers licensed	97801
by the department under this section and shall provide a copy of	97802
the current list to a judge of a court of common pleas who	97803
requests a copy for the use of the judge under division (H) of	97804
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	97805
~~and drug~~community addiction ~~programs~~services providers shall	97806
identify each licensed ~~program~~provider by its name, its address,	97807
and the county in which it is located.	97808

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	97809
"mentally ill individual" and "specialized services" have the same	97810
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	97811

(B)(1) Except as provided in division (B)(2) of this section	97812
and rules adopted under division (E)(3) of this section, for	97813
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	97814
department of ~~mental health~~mental health and addiction services	97815
shall determine in accordance with ~~section 1919(e)(7) of~~ the	97816
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	97817
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	97818
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	97819
whether, because of the individual's physical and mental	97820
condition, a mentally ill individual seeking admission to a	97821
nursing facility requires the level of services provided by a	97822
nursing facility and, if the individual requires that level of	97823
services, whether the individual requires specialized services for	97824
mental illness. The determination required by this division shall	97825
be based on an independent physical and mental evaluation	97826
performed by a person or entity other than the department.	97827

(2) AExcept as provided in division (B)(3) of this section,	97828
a determination under ~~this~~ division (B)(1) of this section is not	97829
required for any of the following:	97830

(a) An individual seeking readmission to a nursing facility	97831
after having been transferred from a nursing facility to a	97832
hospital for care;	97833

(b) An individual who meets all of the following conditions:

97834

(i) The individual is admitted to the nursing facility	97835
directly from a hospital after receiving inpatient care at the	97836
hospital;	97837

(ii) The individual requires nursing facility services for	97838
the condition for which care in the hospital was received;	97839

(iii) The individual's attending physician has certified,	97840
before admission to the nursing facility, that the individual is	97841
likely to require less than thirty days of nursing facility	97842
services.	97843

(c) An individual transferred from one nursing facility to	97844
another nursing facility, with or without an intervening hospital	97845
stay.	97846

(3) A determination under division (B)(1) of this section is	97847
required for an individual described in division (B)(2)(a) or (b)	97848
of this section if the hospital from which the individual is	97849
transferred or directly admitted to a nursing facility is either	97850
of the following:	97851

(a) A hospital that the department maintains, operates,	97852
manages, and governs under section 5119.14 of the Revised Code for	97853
the care and treatment of mentally ill persons;	97854

(b) A free-standing hospital, or unit of a hospital, licensed	97855
by the department under section 5119.33 of the Revised Code.	97856

(C) Except as provided in rules adopted under division	97857
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	97858
health and addiction services shall review and determine for each	97859
resident of a nursing facility who is mentally ill, whether the	97860
resident, because of the resident's physical and mental condition,	97861
requires the level of services provided by a nursing facility and	97862
whether the resident requires specialized services for mental	97863
illness. The review and determination shall be conducted in	97864
accordance with section 1919(e)(7) of the "Social Security Act"	97865
and the regulations adopted under section 1919(f)(8)(A) of the act	97866
and based on an independent physical and mental evaluation	97867
performed by a person or entity other than the department. The	97868
review and determination shall be completed promptly after a	97869
nursing facility has notified the department that there has been a	97870
significant change in the resident's mental or physical condition.	97871

(D)(1) In the case of a nursing facility resident who has	97872
continuously resided in a nursing facility for at least thirty	97873
months before the date of a review and determination under	97874
division (C) of this section, if the resident is determined not to	97875
require the level of services provided by a nursing facility, but	97876
is determined to require specialized services for mental illness,	97877
the department, in consultation with the resident's family or	97878
legal representative and care givers, shall do all of the	97879
following:	97880

(a) Inform the resident of the institutional and	97881
noninstitutional alternatives covered under the state plan for	97882
medical assistance;	97883

(b) Offer the resident the choice of remaining in the nursing	97884
facility or receiving covered services in an alternative	97885
institutional or noninstitutional setting;	97886

(c) Clarify the effect on eligibility for services under the	97887
state plan for medical assistance if the resident chooses to leave	97888
the facility, including its effect on readmission to the facility;	97889

(d) Provide for or arrange for the provision of specialized	97890
services for the resident's mental illness in the setting chosen	97891
by the resident.	97892

(2) In the case of a nursing facility resident who has	97893
continuously resided in a nursing facility for less than thirty	97894
months before the date of the review and determination under	97895
division (C) of this section, if the resident is determined not to	97896
require the level of services provided by a nursing facility, but	97897
is determined to require specialized services for mental illness,	97898
or if the resident is determined to require neither the level of	97899
services provided by a nursing facility nor specialized services	97900
for mental illness, the department shall act in accordance with	97901
its alternative disposition plan approved by the United States	97902
department of health and human services under section	97903
1919(e)(7)(E) of the "Social Security Act."	97904

(3) In the case of an individual who is determined under	97905
division (B) or (C) of this section to require both the level of	97906
services provided by a nursing facility and specialized services	97907
for mental illness, the department of ~~mental health~~mental health	97908
and addiction services shall provide or arrange for the provision	97909
of the specialized services needed by the individual or resident	97910
while residing in a nursing facility.	97911

(E) The department of ~~mental health~~mental health and	97912
addiction services shall adopt rules in accordance with Chapter	97913
119. of the Revised Code that do all of the following:	97914

(1) Establish criteria to be used in making the	97915
determinations required by divisions (B) and (C) of this section.	97916
The criteria shall not exceed the criteria established by	97917
regulations adopted by the United States department of health and	97918
human services under section 1919(f)(8)(A) of the "Social Security	97919
Act."	97920

(2) Specify information to be provided by the individual or	97921
nursing facility resident being assessed;	97922

(3) Specify any circumstances, in addition to circumstances	97923
listed in division (B) of this section, under which determinations	97924
under divisions (B) and (C) of this section are not required to be	97925
made.	97926

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	97927
section ~~5119.691~~5119.411 of the Revised Code:	97928

(1) ~~"Long-term care consultation program" means the program~~	97929
~~the department of aging is required to develop under section~~	97930
~~173.42 of the Revised Code.~~	97931

~~(2) "Long-term care consultation program administrator" or~~	97932
~~"administrator" means the department of aging or, if the~~	97933
~~department contracts with an area agency on aging or other entity~~	97934
~~to administer the long-term care consultation program for a~~	97935
~~particular area, that agency or entity.~~	97936

~~(3)~~ "Nursing facility" has the same meaning as in section	97937
~~5111.20~~5165.01 of the Revised Code.	97938

~~(4)~~(2) "Residential state supplement administrative agency"	97939
means the department of ~~mental health~~mental health and addiction	97940
services or, if the department designates an entity under division	97941
(C) of this section for a particular area, the designated entity.	97942

~~(5)~~(3) "Residential state supplement program" means the	97943
program administered pursuant to this section.	97944

(B) The department of ~~mental health~~mental health and	97945
addiction services shall implement the residential state	97946
supplement program under which the state supplements the	97947
supplemental security income payments received by aged, blind, or	97948
disabled adults under Title XVI of the "Social Security Act," 49	97949
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	97950
state supplement payments shall be used for the provision of	97951
accommodations, supervision, and personal care services to social	97952
security, supplemental security income, and social security	97953
disability insurance recipients who the department determines are	97954
at risk of needing institutional care.	97955

(C) In implementing the program, the department may designate	97956
one or more entities to be responsible for providing	97957
administrative services regarding the program. The department may	97958
designate an entity to be a residential state supplement	97959
administrative agency under this division either by entering into	97960
a contract with the entity to serve in that capacity or by	97961
otherwise delegating to the entity the responsibility to serve in	97962
that capacity.	97963

(D) For an individual to be eligible for residential state	97964
supplement payments, all of the following must be the case:	97965

(1) Except as provided by division (H) of this section, the	97966
individual must reside in one of the following:	97967

(a) A ~~home or~~residential care facility~~, other than a nursing~~	97968
~~home or nursing home unit of a home for the aging,~~ licensed by the	97969
department of health under Chapter 3721. of the Revised Code or an	97970
assisted living program as defined in section 5111.89 of the	97971
Revised Code;	97972

(b) A residential facility as defined in division (A)(9)(b)	97973
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	97974
department of ~~mental health~~mental health and addiction services;	97975

(c) An apartment or room used to provide community mental	97976
health housing services certified by the department of ~~mental~~	97977
~~health~~mental health and addiction services under section ~~5119.611~~	97978
5119.36 of the Revised Code and approved by a board of alcohol,	97979
drug addiction, and mental health services under division (A)(14)	97980
of section 340.03 of the Revised Code.	97981

(2) A residential state supplement administrative agency must	97982
have determined that the environment in which the individual will	97983
be living while receiving the payments is appropriate for the	97984
individual's needs. If the individual is eligible for social	97985
security payments, supplemental security income payments, or	97986
social security disability insurance benefits because of a mental	97987
disability, the residential state supplement administrative agency	97988
shall refer the individual to a community mental health ~~agency~~	97989
services provider for an assessment under division (A) of section	97990
340.091 of the Revised Code.	97991

(3) The individual satisfies all eligibility requirements	97992
established by rules adopted under division (E) of this section.	97993

(E) The ~~directors~~director of ~~mental health~~mental health and	97994
addiction services and ~~job and family services~~medicaid director	97995
shall adopt rules in accordance with section 111.15 of the Revised	97996
Code as necessary to implement the residential state supplement	97997
program.	97998

To the extent permitted by Title XVI of the "Social Security	97999
Act," and any other provision of federal law, the medicaid	98000
director ~~of job and family services~~ may adopt rules establishing	98001
standards for adjusting the eligibility requirements concerning	98002
the level of impairment a person must have so that the amount	98003
appropriated for the program by the general assembly is adequate	98004
for the number of eligible individuals. The rules shall not limit	98005
the eligibility of disabled persons solely on a basis classifying	98006
disabilities as physical or mental. The medicaid director ~~of job~~	98007
~~and family services~~ also may adopt rules that establish	98008
eligibility standards for aged, blind, or disabled individuals who	98009
reside in one of the homes or facilities specified in division	98010
(D)(1) of this section but who, because of their income, do not	98011
receive supplemental security income payments. The rules may	98012
provide that these individuals may include individuals who receive	98013
other types of benefits, including, social security payments or	98014
social security disability insurance benefits provided under Title	98015
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	98016
401, ~~as amended~~et seq. Notwithstanding division (B) of this	98017
section, such payments may be made if funds are available for	98018
them.	98019

The director of ~~mental health~~mental health and addiction	98020
services may adopt rules establishing the method to be used to	98021
determine the amount an eligible individual will receive under the	98022
program. The amount the general assembly appropriates for the	98023
program may be a factor included in the method that director	98024
establishes.	98025

(F) The county department of job and family services of the	98026
county in which an applicant for the residential state supplement	98027
program resides shall determine whether the applicant meets income	98028
and resource requirements for the program.	98029

(G) The department of ~~mental health~~mental health and	98030
addiction services shall maintain a waiting list of any	98031
individuals eligible for payments under this section but not	98032
receiving them because moneys appropriated to the department for	98033
the purposes of this section are insufficient to make payments to	98034
all eligible individuals. An individual may apply to be placed on	98035
the waiting list even though the individual does not reside in one	98036
of the homes or facilities specified in division (D)(1) of this	98037
section at the time of application. The director of ~~mental health~~	98038
mental health and addiction services, by rules adopted in	98039
accordance with Chapter 119. of the Revised Code, may specify	98040
procedures and requirements for placing an individual on the	98041
waiting list and priorities for the order in which individuals	98042
placed on the waiting list are to begin to receive residential	98043
state supplement payments. The rules specifying priorities may	98044
give priority to individuals placed on the waiting list on or	98045
after July 1, 2006, who receive social security payments, social	98046
security disability insurance, or supplemental security income	98047
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	98048
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	98049
not affect the place on the waiting list of any person who was on	98050
the list on July 1, 2006. The rules specifying priorities may also	98051
set additional priorities based on living arrangement, such as	98052
whether an individual resides in a facility listed in division	98053
(D)(1) of this section or has been admitted to a nursing facility.	98054

(H) An individual in a licensed or certified living	98055
arrangement receiving state supplementation on November 15, 1990,	98056
under former section 5101.531 of the Revised Code shall not become	98057
ineligible for payments under this section solely by reason of the	98058
individual's living arrangement as long as the individual remains	98059
in the living arrangement in which the individual resided on	98060
November 15, 1990.	98061

(I) The ~~department of mental health~~county department of job	98062
and family services from which the person is receiving benefits	98063
shall notify each person denied approval for payments under this	98064
section of the person's right to a hearing. On request, the	98065
hearing shall be provided in accordance with Chapter 119. of the	98066
Revised Code.	98067

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	98068
the department of ~~mental health~~mental health and addiction	98069
services, each residential state supplement administrative agency	98070
shall determine whether individuals who reside in the area that	98071
the agency serves and are on a waiting list for the residential	98072
state supplement program have been admitted to a nursing facility.	98073
IfThe department shall have a process in place to ensure that if	98074
a residential state supplement administrative agency determines	98075
that such an individual has been admitted to a nursing facility,	98076
~~the agency shall notify the long-term care consultation program~~	98077
~~administrator serving the area in which the individual resides~~	98078
~~about the determination. The administrator shall determine~~there	98079
shall be a determination whether the residential state supplement	98080
program is appropriate for the individual and whether the	98081
individual would rather participate in the program than continue	98082
residing in the nursing facility. If ~~the administrator determines~~	98083
it is determined that the residential state supplement program is	98084
appropriate for the individual and the individual would rather	98085
participate in the program than continue residing in the nursing	98086
facility, the ~~administrator shall so notify the department of~~	98087
~~mental health. On receipt of the notice from the administrator,~~	98088
~~the~~ department of ~~mental health~~mental health and addiction	98089
services shall approve the individual's enrollment in the	98090
residential state supplement program in accordance with the	98091
priorities specified in rules adopted under division (G) of	98092
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	98093
a waiting list is in place, the department of ~~mental health~~mental	98094
health and addiction services shall certify to the director of	98095
budget and management the estimated increase in costs of the	98096
residential state supplement program resulting from enrollment of	98097
individuals in the program pursuant to this section.	98098

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	98099
nonprofit organization" means a private association, organization,	98100
corporation, or other entity that is tax exempt under section	98101
501(a) and described in section 501(c) of the "Internal Revenue	98102
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	98103

(B) To the extent funds are available and on application by	98104
boards of alcohol, drug addiction, and mental health services, the	98105
director of ~~mental health~~mental health and addiction services may	98106
approve state reimbursement of, or state grants for, community	98107
~~mental health~~ construction programs including residential housing	98108
for severely mentally disabled persons and persons with substance	98109
use disorders. The director may also approve an application for	98110
reimbursement or a grant for such programs submitted by other	98111
governmental entities or by private, nonprofit organizations,	98112
after the application has been reviewed and recommended for	98113
approval or disapproval by the board of alcohol, drug addiction,	98114
and mental health services for the district from which the	98115
application came, and the application is consistent with the plan	98116
submitted by the board under division (A) of section 340.03 of the	98117
Revised Code and the budget and statement of services submitted by	98118
the board under divisions (A) and (B) of section 340.08 of the	98119
Revised Code.	98120

(C)(1) The director of ~~mental health~~mental health and	98121
addiction services shall adopt rules in accordance with Chapter	98122
119. of the Revised Code that specify procedures for applying for	98123
state reimbursement of and state grants for community construction	98124
programs, including residential housing for severely mentally	98125
disabled persons and persons with substance use disorders and	98126
procedures and criteria for approval of such reimbursement and	98127
grants.	98128

(2) The director of ~~mental health~~mental health and addiction	98129
services shall not approve state reimbursement or a state grant	98130
unless all of the following conditions are met:	98131

(a) The applicant includes with the application a plan	98132
specifying the services, in addition to housing, that will be	98133
provided to persons who will reside in the residential housing.	98134
Services specified may include any of the services ~~listed~~	98135
described in section 340.09 of the Revised Code.	98136

(b) The director is satisfied that the residential housing	98137
for severely mentally disabled persons will be developed to	98138
promote the maximum practical integration of severely mentally	98139
disabled persons with persons at the same site who are not	98140
severely mentally disabled.	98141

(c) The use of any funds distributed pursuant to the	98142
reimbursement or grant will not subject any obligation from which	98143
the funds are derived to federal income taxation.	98144

(3) The director may enter into an agreement establishing	98145
terms for any reimbursement or grant approved under this division	98146
with the organization, board, or other government entity that is	98147
the recipient of the reimbursement or grant. Any such agreement is	98148
subject to any covenant or agreement pertaining to any obligation	98149
issued to provide funds for the reimbursement or grant.	98150

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	98151
of alcohol, drug addiction, and mental health services, another	98152
governmental entity, or a private, nonprofit organization that	98153
received a grant or reimbursement under section ~~5119.63~~5119.42 of	98154
the Revised Code for a facility on which the department of ~~mental~~	98155
~~health~~mental health and addiction services holds a security	98156
interest.	98157

(B) A board of alcohol, drug addiction, and mental health	98158
services, another governmental entity, or a private, nonprofit	98159
organization to which this section applies may apply to the	98160
director of ~~mental health~~mental health and addiction services for	98161
approval to sell its facility and acquire, construct, or renovate	98162
a replacement facility pursuant to this section. The director	98163
shall prescribe the form of the application. Before submitting an	98164
application to the director, a governmental entity or private,	98165
nonprofit organization must obtain approval of the application	98166
from the board of alcohol, drug addiction, and mental health	98167
services with jurisdiction over the service district in which the	98168
existing facility is located. The director shall approve an	98169
application for a replacement project upon determining that the	98170
project provides for the continuation of appropriate mental health	98171
and addiction services to the population served by the board,	98172
entity, or organization.	98173

(C) A board, entity, or organization that obtains approval	98174
for a project under division (B) of this section shall pay the	98175
proceeds of the sale of its facility to the director of ~~mental~~	98176
~~health~~mental health and addiction services. The director shall	98177
deposit the proceeds to the credit of the community capital	98178
replacement facilities fund.	98179

(D) When a board, entity, or organization that has sold its	98180
facility notifies the director of ~~mental health~~mental health and	98181
addiction services that it is ready to acquire, construct, or	98182
renovate a replacement facility, the director shall do one of the	98183
following:	98184

(1) If the replacement facility is located in the same	98185
alcohol, drug addiction, and mental health service district as the	98186
original facility, and if the purposes for which the replacement	98187
facility will be used are the same as or similar to those for the	98188
original facility, the director shall pay to the board, entity, or	98189
organization from the community capital replacement facilities	98190
fund an amount equal to the lesser of an amount equal to the	98191
proceeds of the sale of the original facility or the amount of the	98192
state's agreed-upon participation (as a per cent of the total	98193
cost) in the cost of the replacement facility. If the amount of	98194
the state's agreed-upon participation in the cost of the	98195
replacement facility is less than the value of the state's	98196
security interest in the original facility, the difference between	98197
the state's agreed-upon participation in the cost of the	98198
replacement facility and the value of the state's security	98199
interest in the original facility shall be retained in the	98200
community capital replacement facilities fund, and any excess	98201
proceeds shall be paid to the board, entity, or organization.	98202

(2) If the replacement facility is located in a different	98203
alcohol, drug addiction, and mental health service district than	98204
the original facility, or if the purposes for which the	98205
replacement facility will be used are not the same as or similar	98206
to those for the original facility, the director shall request	98207
controlling board approval for release of funds for the project.	98208
If the controlling board so approves, the director shall pay to	98209
the board, entity, or organization from the community capital	98210
replacement facilities fund the lesser of an amount equal to the	98211
proceeds of the sale of the original facility or the amount of the	98212
state's agreed-upon participation (as a per cent of the total	98213
cost) in the cost of the replacement facility. ifIf the amount of	98214
the state's agreed-upon participation in the cost of the	98215
replacement facility is less than the value of the state's	98216
security interest in the original facility, the difference between	98217
the state's agreed-upon participation in the cost of the	98218
replacement facility and the value of the state's security	98219
interest in the original facility shall be retained in the	98220
community capital replacement facilities fund, and any excess	98221
proceeds shall be paid to the board, entity, or organization.	98222

(E) The director of ~~mental health~~mental health and addiction	98223
services and a board, entity, or organization shall enter into an	98224
agreement specifying the terms of any payment made to the board,	98225
entity, or organization under division (D) of this section. The	98226
terms may include provision for the department of ~~mental health~~	98227
mental health and addiction services to hold a security interest	98228
in the facility.	98229

(F)(1) When approving an application under division (B) of	98230
this section, the director of ~~mental health~~mental health and	98231
addiction services shall establish a deadline by which the board,	98232
entity, or organization must notify the director that it is ready	98233
to acquire, construct, or renovate a replacement facility. If the	98234
board, entity, or organization does not notify the director on or	98235
before the deadline, the director may cancel the project. Upon	98236
canceling the project, the director shall pay to the board,	98237
entity, or organization from the community capital replacement	98238
facilities fund an amount equal to the portion of the proceeds of	98239
the sale of the original facility that exceeds the value of the	98240
state's security interest in the facility.	98241

(2) Notwithstanding the deadline established under division	98242
(F)(1) of this section, if at any time a board, entity, or	98243
organization notifies the director that it does not intend to	98244
acquire, construct, or renovate a replacement facility under this	98245
section, the director shall cancel the replacement project and pay	98246
to the board, entity, or organization from the community capital	98247
replacement facilities fund an amount equal to the portion of the	98248
proceeds of the sale of the original facility that exceeds the	98249
value of the state's security interest in the facility.	98250

(G) If a replacement project is canceled after the sale of	98251
the original facility, the director of ~~mental health~~mental health	98252
and addiction services shall use funds equal to the value of the	98253
state's security interest in the original facility for additional	98254
grants or reimbursements under section ~~5119.63~~5119.42 of the	98255
Revised Code. The director shall obtain the approval of the	98256
controlling board before releasing the additional grants or	98257
reimbursements.	98258

(H) The community capital replacement facilities fund is	98259
hereby created in the state treasury. The director of ~~mental~~	98260
~~health~~mental health and addiction services shall use the fund for	98261
the purposes of this section.	98262

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	98263
has the same meaning as in section 2305.2341 of the Revised Code.	98264

(A) The department of ~~mental health~~mental health and	98265
addiction services may provide certain goods and services for the	98266
department of ~~mental health~~mental health and addiction services,	98267
the department of developmental disabilities, the department of	98268
rehabilitation and correction, the department of youth services,	98269
and other state, county, or municipal agencies requesting such	98270
goods and services when the department of ~~mental health~~mental	98271
health and addiction services determines that it is in the public	98272
interest, and considers it advisable, to provide these goods and	98273
services. The department of ~~mental health~~mental health and	98274
addiction services also may provide goods and services to agencies	98275
operated by the United States government and to public or private	98276
nonprofit agencies, other than free clinics, that are funded in	98277
whole or in part by the state if the public or private nonprofit	98278
agencies are designated for participation in this program by the	98279
director of ~~mental health~~mental health and addiction services	98280
for community addiction services providers and community mental	98281
health ~~agencies~~services providers, the director of developmental	98282
disabilities for community mental retardation and developmental	98283
disabilities agencies, the director of rehabilitation and	98284
correction for community rehabilitation and correction agencies,	98285
or the director of youth services for community youth services	98286
agencies.	98287

Designated community agencies or services providers shall	98288
receive goods and services through the department of ~~mental health~~	98289
mental health and addiction services only in those cases where the	98290
designating state agency certifies that providing such goods and	98291
services to the agency or services provider will conserve public	98292
resources to the benefit of the public and where the provision of	98293
such goods and services is considered feasible by the department	98294
of ~~mental health~~mental health and addiction services.	98295

(B) The department of ~~mental health~~mental health and	98296
addiction services may permit free clinics to purchase certain	98297
goods and services to the extent the purchases fall within the	98298
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	98299
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	98300
amended.	98301

(C) The goods and services that may be provided by the	98302
department of ~~mental health~~mental health and addiction services	98303
under divisions (A) and (B) of this section may include:	98304

(1) Procurement, storage, processing, and distribution of	98305
food and professional consultation on food operations;	98306

(2) Procurement, storage, and distribution of medical and	98307
laboratory supplies, dental supplies, medical records, forms,	98308
optical supplies, and sundries, subject to section 5120.135 of the	98309
Revised Code;	98310

(3) Procurement, storage, repackaging, distribution, and	98311
dispensing of drugs, the provision of professional pharmacy	98312
consultation, and drug information services;	98313

(4) Other goods and services.

98314

(D) The department of ~~mental health~~mental health and	98315
addiction services may provide the goods and services designated	98316
in division (C) of this section to its institutions and to	98317
state-operated community-based mental health or addiction services	98318
providers.	98319

(E) After consultation with and advice from the director of	98320
developmental disabilities, the director of rehabilitation and	98321
correction, and the director of youth services, the department of	98322
~~mental health~~mental health and addiction services may provide the	98323
goods and services designated in division (C) of this section to	98324
the department of developmental disabilities, the department of	98325
rehabilitation and correction, and the department of youth	98326
services.	98327

(F) The cost of administration of this section shall be	98328
determined by the department of ~~mental health~~mental health and	98329
addiction services and paid by the agencies, services providers,	98330
or free clinics receiving the goods and services to the department	98331
for deposit in the state treasury to the credit of the ~~mental~~	98332
~~health~~office of support services fund, which is hereby created.	98333
The fund shall be used to pay the cost of administration of this	98334
section to the department.	98335

(G) Whenever a state agency fails to make a payment for goods	98336
and services provided under this section within thirty-one days	98337
after the date the payment was due, the office of budget and	98338
management may transfer moneys from the state agency to the	98339
department of ~~mental health~~mental health and addiction services.	98340
The amount transferred shall not exceed the amount of overdue	98341
payments. Prior to making a transfer under this division, the	98342
office of budget and management shall apply any credits the state	98343
agency has accumulated in payments for goods and services provided	98344
under this section.	98345

(H) Purchases of goods and services under this section are	98346
not subject to section 307.86 of the Revised Code.	98347

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	98348
provided by law, all moneys received by the department of ~~mental~~	98349
~~health~~mental health and addiction services from the sale of goods	98350
and services, including, but not limited to, shared service	98351
agreements with other governmental entities and nongovernmental	98352
entities, employee housing and cafeteria receipts, fees for	98353
copying services, and sales of other tangible personal property	98354
under the department's control, shall be paid into the state	98355
treasury to the credit of the sale of goods and services fund,	98356
which is hereby created. Moneys received by the department	98357
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	98358
be paid into the fund. The department shall use the moneys in the	98359
fund for paying operating expenses of the department.	98360

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	98361
treasury the department of ~~mental health~~mental health and	98362
addiction services trust fund. Not later than the first day of	98363
September of each year, the director of ~~mental health~~mental	98364
health and addiction services shall certify to the director of	98365
budget and management the amount of all of the unexpended,	98366
unencumbered balances of general revenue fund appropriations made	98367
to the department of ~~mental health~~mental health and addiction	98368
services for the previous fiscal year, excluding funds	98369
appropriated for rental payments to the Ohio public facilities	98370
commission. On receipt of the certification, the director of	98371
budget and management shall transfer cash to the trust fund in an	98372
amount up to, but not exceeding, the total of the amounts	98373
certified by the director of ~~mental health~~mental health and	98374
addiction services.	98375

In addition, the trust fund shall receive all amounts,	98376
subject to any provisions in bond documents, received from the	98377
sale or lease of lands and facilities by the department.	98378

All moneys in the trust fund shall be used by the department	98379
of ~~mental health~~mental health and addiction services to pay for	98380
expenditures the department incurs in performing any of its duties	98381
under this chapter. The use of moneys in the trust fund pursuant	98382
to this section does not represent an ongoing commitment to the	98383
continuation of the trust fund or to the use of moneys in the	98384
trust fund.	98385

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	98386
~~addiction services~~mental health and addiction services shall	98387
administer the problem casino gambling and addictions fund. The	98388
director shall use the money in the fund to support ~~programs that~~	98389
~~provide~~ gambling addiction services, alcohol and drug addiction	98390
~~programs that provide alcohol and drug addiction~~ services, other	98391
~~programs~~services that relate to gambling addiction and substance	98392
abuse, and research that relates to gambling addiction and	98393
substance abuse. Treatment and prevention services ~~provided under~~	98394
~~programs~~ supported by money in the fund under this section shall	98395
be services that are ~~provided by alcohol and drug addiction~~	98396
~~treatment programs~~ certified by the department of ~~alcohol and~~	98397
~~drug addiction services or provided by counselors who are~~	98398
~~certified by the department~~mental health and addiction services.	98399
~~Prevention services provided under programssupported by money in~~	98400
~~the fund under this section shall be services that are provided by~~	98401
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	98402
~~department of alcohol and drug addiction services.~~	98403

The director shall prepare an annual report describing the	98404
use of the fund for these purposes. The director shall submit the	98405
report to the Ohio casino control commission, the speaker and	98406
minority leader of the house of representatives, the president and	98407
minority leader of the senate, the governor, and the joint	98408
committee on gaming and wagering.	98409

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	98410
~~addiction services~~mental health and addiction services shall	98411
collaborate with the state board of pharmacy and attorney general	98412
in the establishment and administration of a drug take-back	98413
program, as provided under section 4729.69 of the Revised Code.	98414

(B) The department may accept grants, gifts, or donations for	98415
purposes of the program. Money received under this division shall	98416
be deposited into the drug take-back program fund established	98417
under section 109.90 of the Revised Code.	98418

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	98419
health and addiction services may accept, hold, and administer in	98420
trust on behalf of the state, if it is for the public interest,	98421
any grant, gift, devise, or bequest of money or property made to	98422
the state for the use or benefit of any institution described in	98423
section ~~5119.02~~5119.14 of the Revised Code or for the use and	98424
benefit of mentally ill persons under its control. If the trust so	98425
provides, the money or property may be used for any work which the	98426
department of ~~mental health~~mental health and addiction services	98427
is authorized to undertake.	98428

The department shall keep such gift, grant, devise, or	98429
bequest as a distinct property or fund and, if it is in money,	98430
shall invest it in the manner provided by law. The department may	98431
deposit in a proper trust company or savings bank any money left	98432
in trust during a specified life or lives and shall adopt rules	98433
governing the deposit, transfer, withdrawal, or investment of such	98434
money and the income thereof.	98435

The department shall, in the manner prescribed by the	98436
director of budget and management pursuant to section 126.21 of	98437
the Revised Code, account for all money or property received or	98438
expended under this section. The records, together with a	98439
statement certified by the depository showing the funds deposited	98440
there to the credit of the trust, shall be open to public	98441
inspection. The director of budget and management may require the	98442
department to file a report with ~~him~~the director on any	98443
particular portion, or the whole, of any trust property received	98444
or expended by it.	98445

The department shall, upon the expiration of any trust	98446
according to its terms, dispose of the funds or property held	98447
thereunder in the manner provided in the instrument creating the	98448
trust. If the instrument creating the trust failed to make any	98449
terms of disposition, or if no trust was in evidence, then the	98450
decedent patient's money, saving or commercial deposits, dividends	98451
or distributions, bonds, or any other interest-bearing debt	98452
certificate or stamp issued by the United States government shall	98453
escheat to the state. All such unclaimed intangible personal	98454
property of a former patient shall be retained by the managing	98455
officer in such institution for the period of one year, during	98456
which time every possible effort shall be made to find such former	98457
patient or ~~his~~the former patient's legal representative.	98458

If, after a period of one year from the time the patient has	98459
left the institution or has died, the managing officer has been	98460
unable to locate such person or ~~his~~the person's legal	98461
representative, then upon proper notice of such fact the director	98462
shall at that time formulate in writing a method of disposition on	98463
the minutes of the department authorizing the managing officer to	98464
convert such intangible personal property to cash to be paid into	98465
the state treasury to the credit of the general revenue fund.	98466

The department shall include in its annual report a statement	98467
of all money and property and the terms and conditions relating	98468
thereto.	98469

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	98470
"supplemental services" has the same meaning as in section 5815.28	98471
of the Revised Code.	98472

(B) There is hereby created in the state treasury the	98473
services fund for individuals with mental illness. On the death of	98474
the beneficiary of a trust created pursuant to section 5815.28 of	98475
the Revised Code, the portion of the remaining assets of the trust	98476
specified in the trust instrument shall be deposited to the credit	98477
of the fund. Money credited to the fund shall be used for	98478
individuals with mental illness.	98479

Supplemental services may be provided through the department	98480
or boards of alcohol, drug addiction, and mental health services.	98481
In accordance with Chapter 119. of the Revised Code, the	98482
department of ~~mental health~~mental health and addiction services	98483
may adopt any rules necessary to implement this section.	98484

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	98485
institution under the jurisdiction of the department of ~~mental~~	98486
~~health~~mental health and addiction services as described in	98487
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	98488
the director of ~~mental health~~mental health and addiction	98489
services, may establish local institution funds designated as	98490
follows:	98491

(A) Industrial and entertainment fund created and maintained	98492
for the entertainment and welfare of the patients of the	98493
institution. The director shall establish rules for the operation	98494
of the industrial and entertainment fund.	98495

(B) Commissary fund created and maintained for the benefit of	98496
patients in the institution. Commissary revenue over and above	98497
operating costs and reserve shall be considered profits. All	98498
profits from the commissary fund operations shall be paid into the	98499
industrial and entertainment fund and used only for the	98500
entertainment and ~~wel fare~~welfare of patients. The director shall	98501
establish rules for the operation of the commissary fund.	98502

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	98503
charge of all funds under the jurisdiction of the department of	98504
~~mental health~~mental health and addiction services and shall pay	98505
out the same only in accordance with this chapter.	98506

The department shall cause to be furnished a contract of	98507
indemnity to cover all funds received by it or by its managing	98508
officers, employees, or agents while the funds are in the	98509
possession of such managing officers, employees or agents. Such	98510
funds are designated as follows:	98511

(A) Funds which are due and payable to the treasurer of state	98512
as provided by Chapter 131. of the Revised Code;	98513

(B) Those funds which are held in trust by the managing	98514
officers, employees, or agents of the institution as local funds	98515
or accounts under the jurisdiction of the department.	98516

Such contract of indemnity shall be made payable to the state	98517
and the premium for such contract of indemnity may be paid from	98518
any of the moneys received for the use of the department under	98519
this chapter and Chapters 5121. and 5122. of the Revised Code.	98520

Funds collected from various sources, such as the sale of	98521
goods, and all miscellaneous articles, shall be transmitted on or	98522
before Monday of each week to the treasurer of state and a	98523
detailed statement of such collections shall be made to the	98524
department.	98525

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	98526
mental health and addiction services may pay an amount for	98527
personal use to each individual residing in a state institution as	98528
described in section ~~5119.02~~5119.14 of the Revised Code who would	98529
be eligible for supplemental security income benefits at the	98530
reduced rate established by Title XVI of the "Social Security	98531
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	98532
seq., if the ~~state plan for providing medical assistance under~~	98533
~~section 5111.01 of the Revised Code included reimbursement of~~	98534
medicaid program covers services provided in such institutions.	98535
The amount paid by the department shall not exceed the reduced	98536
supplemental security income benefit rate established by Title XVI	98537
of the "Social Security Act."	98538

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	98539
managing officers of institutions under the jurisdiction of the	98540
department of ~~mental health~~mental health and addiction services	98541
by any patient under the department's control or by relatives,	98542
guardians, conservators, and others for the special benefit of	98543
such patient, as well as all other funds and all other income paid	98544
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	98545
behalf, or paid to the managing officer or to the institution as	98546
representative payee or otherwise paid on the patient's behalf,	98547
shall remain in the hands of such officers in appropriate accounts	98548
for use accordingly. The managing officer shall keep itemized book	98549
accounts of the receipt and disposition of such money and	98550
property, which book shall be open at all times to the inspection	98551
of the department. The director of ~~mental health~~mental health	98552
and addiction services shall adopt rules governing the deposit,	98553
transfer, withdrawal, or investment of the funds and the income	98554
thereof, as well as rules under which such funds and income shall	98555
be paid by managing officers for the support of the patients	98556
pursuant to Chapter 5121. of the Revised Code, or for their other	98557
needs.	98558

Whenever any patient confined in any state institution	98559
subject to the jurisdiction of the department dies, escapes, or is	98560
discharged from such institution, and any personal funds of such	98561
person remain in the hands of the managing officer thereof and no	98562
demand for such funds is made upon such managing officer by the	98563
owner of the funds or ~~his~~the owner's legally appointed	98564
representative, the managing officer shall hold the funds in the	98565
personal deposit fund for a period of at least one year during	98566
which time the managing officer shall make every effort possible	98567
to locate the owner or ~~his~~the owner's legally appointed	98568
representative.	98569

If at the end of this period no demand has been made for the	98570
funds, the managing officer shall dispose of the funds as follows:	98571

(A) All money in a personal deposit fund in excess of ten	98572
dollars due for the support of a patient shall be paid in	98573
accordance with the provisions of Chapter 5121. of the Revised	98574
Code.	98575

(B) All money in a personal deposit fund in excess of ten	98576
dollars not due for the support of a patient shall be placed to	98577
the credit of the institution's local account designated as the	98578
"industrial and entertainment" fund.	98579

(C) The first ten dollars to the credit of a patient shall be	98580
placed to the credit of the institution's local account designated	98581
as the "industrial and entertainment" fund.	98582

Whenever any patient in any state institution subject to the	98583
jurisdiction of the department dies, escapes, or is discharged	98584
from such institution, and any personal effects of such person	98585
remain in the hands of the managing officer thereof, and no demand	98586
is made upon such managing officer by the owner of the property or	98587
~~his~~the owner's legally appointed representative, the managing	98588
officer shall hold and dispose of such property in the following	98589
manner.	98590

All the miscellaneous personal effects shall be held for a	98591
period of at least one year, during which time the managing	98592
officer shall make every effort possible to locate the owner or	98593
~~his~~the owner's legal representative. If at the end of this	98594
period, no demand has been made by the owner of the property or	98595
~~his~~the owner's legal representative, the managing officer shall	98596
file with the county recorder of the county of commitment of such	98597
owner, all deeds, wills, contract mortgages, or assignments. The	98598
balance of the personal effects shall be sold at public auction	98599
after being duly advertised, and the funds turned over to the	98600
treasurer of state for credit to the general revenue fund. If any	98601
of the property is not of a type to be filed with the county	98602
recorder and is not salable at public auction, then the managing	98603
officer of the institution shall destroy such property.	98604

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	98605
department of ~~mental health~~mental health and addiction services	98606
shall submit an annual report to the governor that shall describe	98607
the services the department offers and how appropriated funds have	98608
been spent. The report shall include ~~the~~all of the following:	98609

(A) The utilization of state hospitals by each alcohol, drug	98610
addiction, and mental health service district~~, the~~;	98611

(B) The number of persons served by community addiction	98612
services providers that receive funds distributed by the	98613
department, with a breakdown into categories including age, sex,	98614
race, the type of drug to which the person is addicted, and any	98615
other categories the director of mental health and addiction	98616
services considers significant;	98617

(C) The number of severely mentally disabled persons served	98618
in each district~~, and the~~;	98619

(D) The number and types of services provided to severely	98620
mentally disabled persons through state-operated services and	98621
community mental health ~~agencies~~services providers;	98622

(E) A report measuring the success of community addiction	98623
services providers, based on the measures for accountability	98624
developed by the department, including the percentage of persons	98625
served by such community addiction services providers who have not	98626
relapsed;	98627

(F) Any other information that the director considers	98628
significant or is requested by the governor.	98629

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	98630
~~addiction services~~mental health and addiction services shall	98631
collect and compile statistics and other information on the care	98632
and treatment of mentally disabled persons, and the care,	98633
treatment, and rehabilitation of alcoholics, drug dependent	98634
persons, and persons in danger of drug dependence in this state,	98635
including, without limitation, information on the number of such	98636
persons, the type of drug involved, the type of care, treatment,	98637
or rehabilitation prescribed or undertaken, and the success or	98638
failure of the care, treatment, or rehabilitation. The department	98639
shall collect information about services delivered and persons	98640
served as required for reporting and evaluation relating to state	98641
and federal funds expended for such purposes.	98642

(B) No alcohol or, drug addiction ~~program~~, or mental health	98643
services provider shall fail to supply statistics and other	98644
information within its knowledge and with respect to its ~~programs~~	98645
services, upon request of the department.	98646

(C) Communications by a person seeking aid in good faith for	98647
alcoholism or drug dependence are confidential, and this section	98648
does not require the collection or permit the disclosure of	98649
information which reveals or comprises the identity of any person	98650
seeking aid.	98651

(D) Based on the information collected and compiled under	98652
division (A) of this section, the department shall develop a	98653
project to assess the outcomes of persons served by alcohol and	98654
drug addiction ~~programs~~services providers and mental health	98655
services providers that receive funds distributed by the	98656
department.	98657

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	98658
health" is hereby ratified, enacted into law, and entered into by	98659
the state of Ohio as a party thereto with any other state which	98660
has legally joined in the compact as follows:	98661

INTERSTATE COMPACT ON MENTAL HEALTH	98662

The contracting states solemnly agree that:

98663

Article I	98664

The party states find that the proper and expeditious	98665
treatment of the mentally ill and mentally retarded can be	98666
facilitated by cooperative action, to the benefit of the patients,	98667
their families, and society as a whole. Further, the party states	98668
find that the necessity of and desirability for furnishing such	98669
care and treatment bears no primary relation to the residence or	98670
citizenship of the patient but that, on the contrary, the	98671
controlling factors of community safety and humanitarianism	98672
require that facilities and services be made available for all who	98673
are in need of them. Consequently, it is the purpose of this	98674
compact and of the party states to provide the necessary legal	98675
basis for the institutionalization or other appropriate care and	98676
treatment of the mentally ill and mentally retarded under a system	98677
that recognizes the paramount importance of patient welfare and to	98678
establish the responsibilities of the party states in terms of	98679
such welfare.	98680

Article II	98681

As used in this compact:

98682

(a) "Sending state" shall mean a party state from which a	98683
patient is transported pursuant to the provisions of the compact	98684
or from which it is contemplated that a patient may be so sent.	98685

(b) "Receiving state" shall mean a party state to which a	98686
patient is transported pursuant to the provisions of the compact	98687
or to which it is contemplated that a patient may be so sent.	98688

(c) "Institution" shall mean any hospital or other facility	98689
maintained by a party state or political subdivision thereof for	98690
the care and treatment of mental illness or mental retardation.	98691

(d) "Patient" shall mean any person subject to or eligible as	98692
determined by the laws of the sending state, for	98693
institutionalization or other care, treatment, or supervision	98694
pursuant to the provisions of this compact.	98695

(e) "After-care" shall mean care, treatment and services	98696
provided a patient, as defined herein, or convalescent status or	98697
conditional release.	98698

(f) "Mental illness" shall mean mental disease to such extent	98699
that a person so afflicted requires care and treatment for his own	98700
welfare, or the welfare of others, or of the community.	98701

(g) "Mental retardation" shall mean mental retardation as	98702
defined by appropriate clinical authorities to such extent that a	98703
person so afflicted is incapable of managing himself and his	98704
affairs, but shall not include mental illness as defined herein.	98705

(h) "State" shall mean any state, territory or possession of	98706
the United States, the District of Columbia, and the Commonwealth	98707
of Puerto Rico.	98708

Article III	98709

(a) Whenever a person physically present in any party state	98710
shall be in need of institutionalization by reason of mental	98711
illness or mental retardation, he shall be eligible for care and	98712
treatment in an institution in that state irrespective of his	98713
residence, settlement or citizenship qualifications.	98714

(b) The provisions of paragraph (a) of this article to the	98715
contrary notwithstanding, any patient may be transferred to an	98716
institution in another state whenever there are factors based upon	98717
clinical determinations indicating that the care and treatment of	98718
said patient would be facilitated or improved thereby. Any such	98719
institutionalization may be for the entire period of care and	98720
treatment or for any portion or portions thereof. The factors	98721
referred to in this paragraph shall include the patient's full	98722
record with due regard for the location of the patient's family,	98723
character of the illness and probable duration thereof, and such	98724
other factors as shall be considered appropriate.	98725

(c) No state shall be obliged to receive any patient pursuant	98726
to the provisions of paragraph (b) of this article unless the	98727
sending state has given advance notice of its intention to send	98728
the patient; furnished all available medical and other pertinent	98729
records concerning the patient; given the qualified medical or	98730
other appropriate clinical authorities of the receiving state an	98731
opportunity to examine the patient if said authorities so wish;	98732
and unless the receiving state shall agree to accept the patient.	98733

(d) In the event that the laws of the receiving state	98734
establish a system of priorities for the admission of patients, an	98735
interstate patient under this compact shall receive the same	98736
priority as a local patient and shall be taken in the same order	98737
and at the same time that he would be taken if he were a local	98738
patient.	98739

(e) Pursuant to this compact, the determination as to the	98740
suitable place of institutionalization for a patient may be	98741
reviewed at any time and such further transfer of the patient may	98742
be made as seems likely to be in the best interest of the patient.	98743

Article IV	98744

(a) Whenever, pursuant to the laws of the state in which a	98745
patient is physically present, it shall be determined that the	98746
patient should receive after-care or supervision, such care or	98747
supervision may be provided in a receiving state. If the medical	98748
or other appropriate clinical authorities having responsibility	98749
for the care and treatment of the patient in the sending state	98750
shall have reason to believe that after-care in another state	98751
would be in the best interest of the patient and would not	98752
jeopardize the public safety, they shall request the appropriate	98753
authorities in the receiving state to investigate the desirability	98754
of affording the patient such after-care in said receiving state,	98755
and such investigation shall be made with all reasonable speed.	98756
The request for investigation shall be accompanied by complete	98757
information concerning the patient's intended place of residence	98758
and the identity of the person in whose charge it is proposed to	98759
place the patient, the complete medical history of the patient,	98760
and such other documents as may be pertinent.	98761

(b) If the medical or other appropriate clinical authorities	98762
having responsibility for the care and treatment of the patient in	98763
the sending state and the appropriate authorities in the receiving	98764
state find that the best interest of the patient would be served	98765
thereby, and if the public safety would not be jeopardized	98766
thereby, the patient may receive after-care or supervision in the	98767
receiving state.	98768

(c) In supervising, treating, or caring for a patient on	98769
after-care pursuant to the terms of this article, a receiving	98770
state shall employ the same standards of visitation, examination,	98771
care, and treatment that it employs for similar local patients.	98772

Article V	98773

Whenever a dangerous or potentially dangerous patient escapes	98774
from an institution in any party state, that state shall promptly	98775
notify all appropriate authorities within and without the	98776
jurisdiction of the escape in a manner reasonably calculated to	98777
facilitate the speedy apprehension of the escapee. Immediately	98778
upon the apprehension and identification of any such dangerous or	98779
potentially dangerous patient, he shall be detained in the state	98780
where found pending disposition in accordance with law.	98781

Article VI	98782

The duly accredited officers of any state party to this	98783
compact, upon the establishment of their authority and the	98784
identity of the patient, shall be permitted to transport any	98785
patient being moved pursuant to this compact through any and all	98786
states party to this compact, without interference.	98787

Article VII	98788

(a) No person shall be deemed a patient of more than one	98789
institution at any given time. Completion of transfer of any	98790
patient to an institution in a receiving state shall have the	98791
effect of making the person a patient of the institution in the	98792
receiving state.	98793

(b) The sending state shall pay all costs of and incidental	98794
to the transportation of any patient pursuant to this compact, but	98795
any two or more party states may, by making a specific agreement	98796
for that purpose, arrange for a different allocation of costs as	98797
among themselves.	98798

(c) No provision of this compact shall be construed to alter	98799
or affect any internal relationships among the departments,	98800
agencies and officers of and in the government of a party state,	98801
or between a party state and its subdivisions, as to the payment	98802
of costs, or responsibilities therefor.	98803

(d) Nothing in this compact shall be construed to prevent any	98804
party state or subdivision thereof from asserting any right	98805
against any person, agency or other entity in regard to costs for	98806
which such party state or subdivision thereof may be responsible	98807
pursuant to any provision of this compact.	98808

(e) Nothing in this compact shall be construed to invalidate	98809
any reciprocal agreement between a party state and a nonparty	98810
state relating to institutionalization, care or treatment of the	98811
mentally ill or mentally retarded, or any statutory authority	98812
pursuant to which such agreements may be made.	98813

Article VIII	98814

(a) Nothing in this compact shall be construed to abridge,	98815
diminish, or in any way impair the rights, duties, and	98816
responsibilities of any patient's guardian on his own behalf or in	98817
respect of any patient for whom he may serve, except that where	98818
the transfer of any patient to another jurisdiction makes	98819
advisable the appointment of a supplemental or substitute	98820
guardian, any court of competent jurisdiction in the receiving	98821
state may make such supplemental or substitute appointment and the	98822
court which appointed the previous guardian shall upon being duly	98823
advised of the new appointment, and upon the satisfactory	98824
completion of such accounting and other acts as such court may by	98825
law require, relieve the previous guardian of power and	98826
responsibility to whatever extent shall be appropriate in the	98827
circumstances; provided, however, that in the case of any patient	98828
having settlement in the sending state, the court of competent	98829
jurisdiction in the sending state shall have the sole discretion	98830
to relieve a guardian appointed by it or continue his power and	98831
responsibility, whichever it shall deem advisable. The court in	98832
the receiving state may, in its discretion, confirm or reappoint	98833
the person or persons previously serving as guardian in the	98834
sending state in lieu of making a supplemental or substitute	98835
appointment.	98836

(b) The term "guardian" as used in paragraph (a) of this	98837
article shall include any guardian, trustee, legal committee,	98838
conservator, or other person or agency however denominated who is	98839
charged by law with power to act for or responsibility for the	98840
person or property of a patient.	98841

Article IX	98842

(a) No provision of this compact except Article V shall apply	98843
to any person institutionalized while under sentence in a penal or	98844
correctional institution or while subject to trial on a criminal	98845
charge, or whose institutionalization is due to the commission of	98846
an offense for which, in the absence of mental illness or mental	98847
retardation, said person would be subject to incarceration in a	98848
penal or correctional institution.	98849

(b) To every extent possible, it shall be the policy of	98850
states party to this compact that no patient shall be placed or	98851
detained in any prison, jail or lockup, but such patient shall,	98852
with all expedition, be taken to a suitable institutional facility	98853
for mental illlness or mental retardation.	98854

Article X	98855

(a) Each party state shall appoint a "compact administrator"	98856
who, on behalf of his state, shall act as general coordinator of	98857
activities under the compact in his state and who shall receive	98858
copies of all reports, correspondence, and other documents	98859
relating to any patient processed under the compact by his state	98860
either in the capacity of sending or receiving state. The compact	98861
administrator or his duly designated representative shall be the	98862
official with whom other party states shall deal in any matter	98863
relating to the compact or any patient processed thereunder.	98864

(b) The compact administrators of the respective party states	98865
shall have power to promulgate reasonable rules and regulations to	98866
carry out more effectively the terms and provisions of this	98867
compact.	98868

Article XI	98869

The duly constituted administrative authorities of any two or	98870
more party states may enter into supplementary agreements for the	98871
provision of any service or facility or for the maintenance of any	98872
institution on a joint or cooperative basis whenever the states	98873
concerned shall find that such agreements will improve services,	98874
facilities, or institutional care and treatment in the fields of	98875
mental illness or mental retardation. No such supplementary	98876
agreement shall be construed so as to relieve any party state of	98877
any obligation which it otherwise would have under other	98878
provisions of this compact.	98879

Article XII	98880

This compact shall enter into full force and effect as to any	98881
state when enacted by it into law and such states shall thereafter	98882
be a party thereto with any and all states legally joining	98883
therein.	98884

Article XIII	98885

(a) A state party to this compact may withdraw therefrom by	98886
enacting a statute repealing the same. Such withdrawal shall take	98887
effect one year after notice thereof has been communicated	98888
officially and in writing to the governors and compact	98889
administrators of all other party states. However, the withdrawal	98890
of any state shall not change the status of any patient who has	98891
been sent to said state or sent out of said state pursuant to the	98892
provisions of the compact.	98893

(b) Withdrawal from any agreement permitted by Article VII	98894
(b) as to costs or from any supplementary agreement made pursuant	98895
to Article XI shall be in accordance with the terms of such	98896
agreement.	98897

Article XIV	98898

This compact shall be liberally construed so as to effectuate	98899
the purposes thereof. The provisions of this compact shall be	98900
severable and if any phrase, clause, sentence or provision of this	98901
compact is declared to be contrary to the constitution of any	98902
party state or of the United States or the applicability thereof	98903
to any government, agency, person or circumstance is held invalid,	98904
the validity of the remainder of this compact and the	98905
applicability thereof to any government, agency, person or	98906
circumstance shall not be affected thereby. If this compact shall	98907
be held contrary to the constitution of any state party thereto,	98908
the compact shall remain in full force and effect as to the	98909
remaining states and in full force and effect as to the state	98910
affected as to all severable matters.	98911

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	98912
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	98913
director of ~~mental health~~mental health and addiction services and	98914
the director of developmental disabilities each shall designate an	98915
officer who shall be the compact administrator for the department	98916
and who, acting jointly with like officers of other party states,	98917
shall adopt rules to carry out more effectively the terms of the	98918
compact. The compact administrators of each department shall serve	98919
subject to the pleasure of the governor and shall cooperate with	98920
all departments, agencies, and officers of and in the government	98921
of this state and its subdivisions in facilitating the proper	98922
administration of the compact or of any supplementary agreements	98923
entered into by this state thereunder.	98924

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	98925
into supplementary agreements with appropriate officials of other	98926
states pursuant to articles VII and XI of the compact set forth in	98927
section ~~5119.50~~5119.70 of the Revised Code. In the event that	98928
such supplementary agreements require or contemplate the use of	98929
any institution or facility of this state or require or	98930
contemplate the provision of any service by this state, no such	98931
agreement shall have force or effect until approved by the head of	98932
the department or agency under whose jurisdiction the institution	98933
or facility is operated or whose department or agency will be	98934
charged with the rendering of such service.	98935

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	98936
any financial obligations imposed upon the state of Ohio by the	98937
compact or by any supplementary agreement entered into thereunder,	98938
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	98939
Revised Code, shall be made from appropriated funds upon	98940
presentation to the director of budget and management of itemized	98941
vouchers approved by the compact administrator.	98942

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	98943
~~3793.39~~5119.98 of the Revised Code:	98944

(A) "Alcohol and other drug abuse" means alcoholism or drug	98945
addiction.	98946

(B) "Another drug" means a controlled substance as defined in	98947
section 3719.01 of the Revised Code or a harmful intoxicant as	98948
defined in section 2925.01 of the Revised Code.	98949

(C) "Board of alcohol, drug addiction, and mental health	98950
services" means a board of alcohol, drug addiction, and mental	98951
health services established under section 340.02 or 340.021 of the	98952
Revised Code.	98953

(D) "Danger" or "threat of danger to self, family, or others"	98954
means substantial physical harm or threat of substantial physical	98955
harm upon self, family, or others.	98956

(E) "Hospital" has the same meaning as in section 3701.01 or	98957
3727.01 of the Revised Code but does not include either a hospital	98958
operated by the department of ~~mental health~~mental health and	98959
addiction services or an inpatient unit licensed by the	98960
department.	98961

(F) "Intoxicated" means being under the influence of alcohol,	98962
another drug, or both alcohol and another drug and, as a result,	98963
having a significantly impaired ability to function.	98964

(G) "Petitioner" means a person who institutes a proceeding	98965
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	98966
Code.	98967

(H) "Probate court" means the probate division of the court	98968
of common pleas.	98969

(I) "Qualified health professional" means a person that is	98970
properly credentialed or licensed to conduct a drug and alcohol	98971
assessment and diagnosis under Ohio law.	98972

(J) "Residence" means the legal residence of a person as	98973
determined by applicable principles governing conflicts of law.	98974

(K) "Respondent" means a person alleged in a petition filed	98975
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	98976
the Revised Code to be a person who is suffering from alcohol and	98977
other drug abuse and who may be ordered under those sections to	98978
undergo treatment.	98979

(L) "Treatment" means services and programs for the care and	98980
rehabilitation of intoxicated persons and persons suffering from	98981
alcohol and other drug abuse. "Treatment" includes residential	98982
treatment, a halfway house setting, and an intensive outpatient or	98983
outpatient level of care.	98984

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	98985
treatment for a person suffering from alcohol and other drug abuse	98986
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	98987
to ~~3793.39~~5119.98 of the Revised Code.	98988

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	98989
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	98990
Revised Code unless all of the following apply to that person:	98991

(A) The person suffers from alcohol and other drug abuse.

98992

(B) The person presents an imminent danger or imminent threat	98993
of danger to self, family, or others as a result of alcohol and	98994
other drug abuse, or there exists a substantial likelihood of such	98995
a threat in the near future.	98996

98997

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	98998
for treatment for an individual suffering from alcohol and other	98999
drug abuse by filing a verified petition in the probate court and	99000
paying a filing fee in the same amount, if any, that is charged	99001
for the filing under section 5122.11 of the Revised Code of an	99002
affidavit seeking the hospitalization of a person. The petition	99003
and all subsequent court documents shall be entitled: "In the	99004
interest of (name of respondent)." A spouse, relative, or guardian	99005
of the individual concerning whom the petition is filed shall file	99006
the petition.	99007

(B) A petition filed under division (A) of this section shall	99008
set forth all of the following:	99009

(1) The petitioner's relationship to the respondent;

99010

(2) The respondent's name, residence address, and current	99011
location, if known;	99012

(3) The name and residence of the respondent's parents, if	99013
living and if known, or of the respondent's legal guardian, if any	99014
and if known;	99015

(4) The name and residence of the respondent's spouse, if any	99016
and if known;	99017

(5) The name and residence of the person having custody of	99018
the respondent, if any, or if no such person is known, the name	99019
and residence of a near relative or a statement that the person is	99020
unknown;	99021

(6) The petitioner's belief, including the factual basis for	99022
the belief, that the respondent is suffering from alcohol and	99023
other drug abuse and presents an imminent danger or imminent	99024
threat of danger to self, family, or others if not treated for	99025
alcohol or other drug abuse.	99026

(C)(1) Any petition filed pursuant to divisions (A) and (B)	99027
of this section shall be accompanied by a certificate of a	99028
physician who has examined the respondent within two days prior to	99029
the day that the petition is filed in the probate court. The	99030
physician shall be authorized to practice medicine and surgery or	99031
osteopathic medicine and surgery under Chapter 4731. of the	99032
Revised Code. The physician's certificate shall set forth the	99033
physician's findings in support of the need to treat the	99034
respondent for alcohol or other drug abuse. The certificate shall	99035
indicate if the respondent presents an imminent danger or imminent	99036
threat of danger to self, family, or others if not treated.	99037
Further, the certificate shall indicate the type and length of	99038
treatment required and if the respondent can reasonably benefit	99039
from treatment. If the physician's certificate indicates that	99040
inpatient treatment is required, the certificate shall identify	99041
any inpatient facilities known to the physician that are able and	99042
willing to provide the recommended inpatient treatment.	99043

If the respondent refuses to undergo an examination with a	99044
physician concerning the respondent's possible need for treatment	99045
for alcohol or other drug abuse, the petition shall state that the	99046
respondent has refused all requests made by the petitioner to	99047
undergo a physician's examination. In that case, the petitioner	99048
shall not be required to provide a physician's certificate with	99049
the petition.	99050

(2) Any petition filed pursuant to divisions (A) and (B) of	99051
this section shall contain a statement that the petitioner has	99052
arranged for treatment of the respondent. Further, the petition	99053
shall be accompanied by a statement from the person or facility	99054
who has agreed to provide the treatment that verifies that the	99055
person or facility has agreed to provide the treatment and the	99056
estimated cost of the treatment.	99057

(D) Any petition filed pursuant to divisions (A) and (B) of	99058
this section shall be accompanied by both of the following:	99059

(1) A security deposit to be deposited with the clerk of the	99060
probate court that will cover half of the estimated cost of	99061
treatment of the respondent;	99062

(2) A guarantee, signed by the petitioner or another person	99063
authorized to file the petition obligating the guarantor to pay	99064
the costs of the examinations of the respondent conducted by the	99065
physician and qualified health professional under division (B)(5)	99066
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	99067
respondent that are associated with a hearing conducted in	99068
accordance with section ~~3793.35~~5119.94 of the Revised Code and	99069
that the court determines to be appropriate, and the costs of any	99070
treatment ordered by the court.	99071

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	99072
under section ~~3793.34~~5119.93 of the Revised Code and the payment	99073
of the appropriate filing fee, if any, the probate court shall	99074
examine the petitioner under oath as to the contents of the	99075
petition.	99076

(B) If, after reviewing the allegations contained in the	99077
petition and examining the petitioner under oath, it appears to	99078
the probate court that there is probable cause to believe the	99079
respondent may reasonably benefit from treatment, the court shall	99080
do all of the following:	99081

(1) Schedule a hearing to be held within seven days to	99082
determine if there is clear and convincing evidence that the	99083
respondent may reasonably benefit from treatment for alcohol and	99084
other drug abuse;	99085

(2) Notify the respondent, the legal guardian, if any and if	99086
known, and the spouse, parents, or nearest relative or friend of	99087
the respondent concerning the allegations and contents of the	99088
petition and of the date and purpose of the hearing;	99089

(3) Notify the respondent that the respondent may retain	99090
counsel and, if the person is unable to obtain an attorney, that	99091
the respondent may be represented by court-appointed counsel at	99092
public expense if the person is indigent. Upon the appointment of	99093
an attorney to represent an indigent respondent, the court shall	99094
notify the respondent of the name, address, and telephone number	99095
of the attorney appointed to represent the respondent.	99096

(4) Notify the respondent that the court shall cause the	99097
respondent to be examined not later than twenty-four hours before	99098
the hearing date by a physician for the purpose of a physical	99099
examination and by a qualified health professional for the purpose	99100
of a drug and alcohol addiction assessment and diagnosis. In	99101
addition, the court shall notify the respondent that the	99102
respondent may have an independent expert evaluation of the	99103
person's physical and mental condition conducted at the	99104
respondent's own expense.	99105

(5) Cause the respondent to be examined not later than	99106
twenty-four hours before the hearing date by a physician for the	99107
purpose of a physical examination and by a qualified health	99108
professional for the purpose of a drug and alcohol addiction	99109
assessment and diagnosis;	99110

(6) Conduct the hearing.

99111

(C) The physician and qualified health professional who	99112
examine the respondent pursuant to division (B)(5) of this section	99113
or who are obtained by the respondent at the respondent's own	99114
expense shall certify their findings to the court within	99115
twenty-four hours of the examinations. The findings of each	99116
qualified health professional shall include a recommendation for	99117
treatment if the qualified health professional determines that	99118
treatment is necessary.	99119

(D)(1) If upon completion of the hearing held under this	99120
section the probate court finds by clear and convincing evidence	99121
that the respondent may reasonably benefit from treatment, the	99122
court may order the treatment after considering the qualified	99123
health professionals' recommendations for treatment that have been	99124
submitted to the court under division (C) of this section. If the	99125
court orders the treatment under this division, the court shall	99126
order the treatment to be provided through ~~an alcohol and drug~~a	99127
community addiction ~~program~~services provider certified under	99128
section ~~3793.06~~5119.36 of the Revised Code or by an individual	99129
licensed or certified by the state medical board under Chapter	99130
4731. of the Revised Code, the chemical dependency professionals	99131
board under Chapter 4758. of the Revised Code, the counselor,	99132
social worker, and marriage and family therapist board under	99133
Chapter 4757. of the Revised Code, or a similar board of another	99134
state authorized to provide substance abuse treatment.	99135

(2) Failure of a respondent to undergo and complete any	99136
treatment ordered pursuant to this division is contempt of court.	99137
Any alcohol and drug addiction program or person providing	99138
treatment under this division shall notify the probate court of a	99139
respondent's failure to undergo or complete the ordered treatment.	99140

(E) If, at any time after a petition is filed under section	99141
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	99142
there is not probable cause to continue treatment or if the	99143
petitioner withdraws the petition, then the court shall dismiss	99144
the proceedings against the respondent.	99145

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	99146
qualified health professional and a certification by that	99147
professional that the person meets the criteria specified in	99148
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	99149
order the person hospitalized for a period not to exceed	99150
seventy-two hours if the court finds by clear and convincing	99151
evidence that the person presents an imminent threat of danger to	99152
self, family, or others as a result of alcohol and other drug	99153
abuse. However, if the hearing to be held under section ~~3793.35~~	99154
5119.94 of the Revised Code will not be held within seventy-two	99155
hours, the court may order the person hospitalized until the	99156
hearing. In making its order, the court shall inform the person	99157
that the person may immediately make a reasonable number of	99158
telephone calls or use other reasonable means to contact an	99159
attorney, a licensed physician, or a qualified health	99160
professional, to contact any other person or persons to secure	99161
representation by counsel, or to obtain medical or psychological	99162
assistance and that the person will be provided assistance in	99163
making calls if the assistance is needed and requested.	99164

(B) Any person who has been admitted to a hospital under	99165
division (A) of this section shall be released from the hospital	99166
immediately upon the expiration of the time period established by	99167
the court for the hospitalization.	99168

(C) No person ordered hospitalized under this section shall	99169
be held in jail pending transportation to the hospital or	99170
evaluation unless the probate court previously has found the	99171
person to be in contempt of court for either failure to undergo	99172
treatment or failure to appear at the evaluation ordered pursuant	99173
to section ~~3793.35~~5119.94 of the Revised Code.	99174

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	99175
issue an order that the respondent be transported to a hospital,	99176
the court may issue a summons. If the respondent fails to attend	99177
an examination scheduled before the hearing under section ~~3793.35~~	99178
5119.94 of the Revised Code, the court shall issue a summons. A	99179
summons so issued shall be directed to the respondent and shall	99180
command the respondent to appear at a time and place specified in	99181
the summons. If a respondent who has been summoned fails to appear	99182
at the hospital or the examination, the probate court may order	99183
the sheriff or any other peace officer to transport the respondent	99184
to a hospital on the list provided under section ~~3793.38~~5119.97	99185
of the Revised Code for treatment. The sheriff or any other peace	99186
officer, upon agreement of a person authorized by the peace	99187
officer, may authorize a board of alcohol, drug addiction, and	99188
mental health services, a private ~~agency~~services provider under	99189
contract with a board of alcohol, drug addiction, and mental	99190
health services, or an ambulance service designated by a board of	99191
alcohol, drug addiction, and mental health services to transport	99192
the respondent to the hospital. The transportation costs of the	99193
sheriff, other peace officer, ambulance service, or other private	99194
~~agency~~services provider under contract with the board of alcohol,	99195
drug addiction, and mental health services shall be included in	99196
the costs of treatment for alcohol and other drug abuse to be paid	99197
by the petitioner.	99198

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	99199
and mental health services on at least an annual basis shall	99200
submit each of the following lists to the clerk of the probate	99201
court in each county served by the board:	99202

(A) A list of all hospitals in the counties served by the	99203
board that are able and willing to take respondents ordered to	99204
undergo seventy-two hours of treatment and observation pursuant to	99205
section ~~3793.36~~5119.95 of the Revised Code;	99206

(B) A list of hospitals and treatment providers in the	99207
counties served by the board that are able and willing to provide	99208
treatment for alcohol and other drug abuse ordered pursuant to	99209
section ~~3793.35~~5119.94 of the Revised Code.	99210

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	99211
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	99212
who is ordered to undergo treatment under sections ~~3793.31 to~~	99213
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	99214

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	99215
of the Revised Code is guilty of a misdemeanor of the first	99216
degree.	99217

(B) Whoever violates division (B) of section 5119.61 of the	99218
Revised Code is guilty of a misdemeanor of the fourth degree.	99219

(C) Whoever violates section 5119.27 or 5119.28 or division	99220
(G) of section 5119.36 of the Revised Code is guilty of a felony	99221
of the fifth degree.	99222

Sec. 5120.07. (A) There is hereby created the ex-offender	99223
reentry coalition consisting of the following ~~eighteen~~seventeen	99224
members or their designees:	99225

(1) The director of rehabilitation and correction;

99226

(2) The director of aging;

99227

(3) The director of ~~alcohol and drug addiction services~~	99228
mental health and addiction services;	99229

(4) The director of development services;

99230

(5) The superintendent of public instruction;

99231

(6) The director of health;

99232

(7) The director of job and family services;

99233

(8) ~~The director of mental health;~~

99234

~~(9)~~ The director of developmental disabilities;

99235

~~(10)~~(9) The director of public safety;

99236

~~(11)~~(10) The director of youth services;

99237

~~(12)~~(11) The chancellor of the Ohio board of regents;

99238

~~(13)~~(12) A representative or member of the governor's staff;

99239

~~(14)~~(13) The executive director of the ~~rehabilitation~~	99240
~~services commission~~opportunities for Ohioans with disabilities	99241
agency;	99242

~~(15)~~(14) The director of the department of commerce;

99243

~~(16)~~(15) The executive director of a health care licensing	99244
board created under Title XLVII of the Revised Code, as appointed	99245
by the chairperson of the coalition;	99246

~~(17)~~(16) The director of veterans services;

99247

~~(18)~~(17) An ex-offender appointed by the director of	99248
rehabilitation and correction.	99249

(B) The members of the coalition shall serve without	99250
compensation. The director of rehabilitation and correction or the	99251
director's designee shall be the chairperson of the coalition.	99252

(C) In consultation with persons interested and involved in	99253
the reentry of ex-offenders into the community, including but not	99254
limited to, services providers, community-based organizations, and	99255
local governments, the coalition shall identify and examine social	99256
service barriers and other obstacles to the reentry of	99257
ex-offenders into the community. Not later than one year after	99258
April 7, 2009, and on or before the same date of each year	99259
thereafter, the coalition shall submit to the speaker of the house	99260
of representatives and the president of the senate a report,	99261
including recommendations for legislative action, the activities	99262
of the coalition, and the barriers affecting the successful	99263
reentry of ex-offenders into the community. The report shall	99264
analyze the effects of those barriers on ex-offenders and on their	99265
children and other family members in various areas, including but	99266
not limited to, the following:	99267

(1) Admission to public and other housing;

99268

(2) Child support obligations and procedures;

99269

(3) Parental incarceration and family reunification;

99270

(4) Social security benefits, veterans' benefits, food	99271
stamps, and other forms of public assistance;	99272

(5) Employment;

99273

(6) Education programs and financial assistance;

99274

(7) Substance abuse~~, mental health,~~ and sex offender	99275
treatment programs and financial assistance and mental health	99276
services and financial assistance;	99277

(8) Civic and political participation;

99278

(9) Other collateral consequences under the Revised Code or	99279
the Ohio administrative code law that may result from a criminal	99280
conviction.	99281

(D)(1) The report shall also include the following	99282
information:	99283

(a) Identification of state appropriations for reentry	99284
programs;	99285

(b) Identification of other funding sources for reentry	99286
programs that are not funded by the state;	99287

(2) The coalition shall gather information about reentry	99288
programs in a repository maintained and made available by the	99289
coalition. Where available, the information shall include the	99290
following:	99291

(a) The amount of funding received;

99292

(b) The number of program participants;

99293

(c) The composition of the program, including program goals,	99294
methods for measuring success, and program success rate;	99295

(d) The type of post-program tracking that is utilized;

99296

(e) Information about employment rates and recidivism rates	99297
of ex-offenders.	99298

(E) The coalition shall cease to exist on December 31, 2014.

99299

Sec. 5120.09. Under the supervision and control of the	99300
director of rehabilitation and correction, the division of	99301
business administration shall do all of the following:	99302

(A) Submit the budgets for the several divisions of the	99303
department of rehabilitation and correction, as prepared by the	99304
respective chiefs of those divisions, to the director. The	99305
director, with the assistance of the chief of the division of	99306
business administration, shall compile a departmental budget that	99307
contains all proposals submitted by the chiefs of the divisions	99308
and shall forward the departmental budget to the governor with	99309
comments and recommendations that the director considers	99310
necessary.	99311

(B) Maintain accounts and records and compile statistics that	99312
the director prescribes;	99313

(C) Under the control of the director, coordinate and make	99314
the necessary purchases and requisitions for the department and	99315
its divisions, except when goods and services are provided to the	99316
department as described in section ~~5119.16~~5119.44 of the Revised	99317
Code;	99318

(D) Administer within this state federal criminal justice	99319
acts that the governor requires the department to administer. In	99320
order to improve the criminal justice system of this state, the	99321
division of business administration shall apply for, allocate,	99322
disburse, and account for grants that are made available pursuant	99323
to those federal criminal justice acts and grants that are made	99324
available from other federal government sources, state government	99325
sources, or private sources. As used in this division, "criminal	99326
justice system" and "federal criminal justice acts" have the same	99327
meanings as in section 5502.61 of the Revised Code.	99328

(E) Audit the activities of governmental entities, persons as	99329
defined in section 1.59 of the Revised Code, and other types of	99330
nongovernmental entities that are financed in whole or in part by	99331
funds that the department allocates or disburses and that are	99332
derived from grants described in division (D) of this section;	99333

(F) Enter into contracts, including contracts with federal,	99334
state, or local governmental entities, persons as defined in	99335
section 1.59 of the Revised Code, foundations, and other types of	99336
nongovernmental entities, that are necessary for the department to	99337
carry out its duties and that neither the director nor another	99338
section of the Revised Code authorizes another division of the	99339
department to enter;	99340

(G) Exercise other powers and perform other duties that the	99341
director may assign to the division of business administration.	99342

Sec. 5120.135. (A) As used in this section, "laboratory	99343
services" includes the performance of medical laboratory analysis;	99344
professional laboratory and pathologist consultation; the	99345
procurement, storage, and distribution of laboratory supplies; and	99346
the performance of phlebotomy services.	99347

(B) The department of rehabilitation and correction may	99348
provide laboratory services to the departments of ~~mental health~~	99349
mental health and addiction services, developmental disabilities,	99350
youth services, and rehabilitation and correction. The department	99351
of rehabilitation and correction may also provide laboratory	99352
services to other state, county, or municipal agencies and to	99353
private persons that request laboratory services if the department	99354
of rehabilitation and correction determines that the provision of	99355
laboratory services is in the public interest and considers it	99356
advisable to provide such services. The department of	99357
rehabilitation and correction may also provide laboratory services	99358
to agencies operated by the United States government and to public	99359
and private entities funded in whole or in part by the state if	99360
the director of rehabilitation and correction designates them as	99361
eligible to receive such services.	99362

The department of rehabilitation and correction shall provide	99363
laboratory services from a laboratory that complies with the	99364
standards for certification set by the United States department of	99365
health and human services under the "Clinical Laboratory	99366
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	99367
In addition, the laboratory shall maintain accreditation or	99368
certification with an appropriate accrediting or certifying	99369
organization as considered necessary by the recipients of its	99370
laboratory services and as authorized by the director of	99371
rehabilitation and correction.	99372

(C) The cost of administering this section shall be	99373
determined by the department of rehabilitation and correction and	99374
shall be paid by entities that receive laboratory services to the	99375
department for deposit in the state treasury to the credit of the	99376
laboratory services fund, which is hereby created. The fund shall	99377
be used to pay the costs the department incurs in administering	99378
this section.	99379

(D) Whenever a state agency fails to make a payment for	99380
laboratory services provided to it by the department of	99381
rehabilitation and correction under this section within thirty-one	99382
days after the date the payment was due, the office of budget and	99383
management may transfer moneys from that state agency to the	99384
department of rehabilitation and correction for deposit to the	99385
credit of the laboratory services fund. The amount transferred	99386
shall not exceed the amount of the overdue payments. Prior to	99387
making a transfer under this division, the office shall apply any	99388
credits the state agency has accumulated in payment for laboratory	99389
services provided under this section.	99390

Sec. 5120.17. (A) As used in this section:

99391

(1) "Mental illness" means a substantial disorder of thought,	99392
mood, perception, orientation, or memory that grossly impairs	99393
judgment, behavior, capacity to recognize reality, or ability to	99394
meet the ordinary demands of life.	99395

(2) "Mentally ill person subject to hospitalization" means a	99396
mentally ill person to whom any of the following applies because	99397
of the person's mental illness:	99398

(a) The person represents a substantial risk of physical harm	99399
to the person as manifested by evidence of threats of, or attempts	99400
at, suicide or serious self-inflicted bodily harm.	99401

(b) The person represents a substantial risk of physical harm	99402
to others as manifested by evidence of recent homicidal or other	99403
violent behavior, evidence of recent threats that place another in	99404
reasonable fear of violent behavior and serious physical harm, or	99405
other evidence of present dangerousness.	99406

(c) The person represents a substantial and immediate risk of	99407
serious physical impairment or injury to the person as manifested	99408
by evidence that the person is unable to provide for and is not	99409
providing for the person's basic physical needs because of the	99410
person's mental illness and that appropriate provision for those	99411
needs cannot be made immediately available in the correctional	99412
institution in which the inmate is currently housed.	99413

(d) The person would benefit from treatment in a hospital for	99414
the person's mental illness and is in need of treatment in a	99415
hospital as manifested by evidence of behavior that creates a	99416
grave and imminent risk to substantial rights of others or the	99417
person.	99418

(3) "Psychiatric hospital" means all or part of a facility	99419
that is operated and managed by the department of ~~mental health~~	99420
mental health and addiction services to provide psychiatric	99421
hospitalization services in accordance with the requirements of	99422
this section pursuant to an agreement between the directors of	99423
rehabilitation and correction and ~~mental health~~mental health and	99424
addiction services or, is licensed by the department of ~~mental~~	99425
~~health~~mental health and addiction services pursuant to section	99426
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	99427
is accredited by a ~~healthcare~~health care accrediting organization	99428
approved by the department of ~~mental health~~mental health and	99429
addiction services and the psychiatric hospital is any of the	99430
following:	99431

(a) Operated and managed by the department of rehabilitation	99432
and correction within a facility that is operated by the	99433
department of rehabilitation and correction;	99434

(b) Operated and managed by a contractor for the department	99435
of rehabilitation and correction within a facility that is	99436
operated by the department of rehabilitation and correction;	99437

(c) Operated and managed in the community by an entity that	99438
has contracted with the department of rehabilitation and	99439
correction to provide psychiatric hospitalization services in	99440
accordance with the requirements of this section.	99441

(4) "Inmate patient" means an inmate who is admitted to a	99442
psychiatric hospital.	99443

(5) "Admitted" to a psychiatric hospital means being accepted	99444
for and staying at least one night at the psychiatric hospital.	99445

(6) "Treatment plan" means a written statement of reasonable	99446
objectives and goals for an inmate patient that is based on the	99447
needs of the inmate patient and that is established by the	99448
treatment team, with the active participation of the inmate	99449
patient and with documentation of that participation. "Treatment	99450
plan" includes all of the following:	99451

(a) The specific criteria to be used in evaluating progress	99452
toward achieving the objectives and goals;	99453

(b) The services to be provided to the inmate patient during	99454
the inmate patient's hospitalization;	99455

(c) The services to be provided to the inmate patient after	99456
discharge from the hospital, including, but not limited to,	99457
housing and mental health services provided at the state	99458
correctional institution to which the inmate patient returns after	99459
discharge or community mental health services.	99460

(7) "Mentally retarded person subject to institutionalization	99461
by court order" has the same meaning as in section 5123.01 of the	99462
Revised Code.	99463

(8) "Emergency transfer" means the transfer of a mentally ill	99464
inmate to a psychiatric hospital when the inmate presents an	99465
immediate danger to self or others and requires hospital-level	99466
care.	99467

(9) "Uncontested transfer" means the transfer of a mentally	99468
ill inmate to a psychiatric hospital when the inmate has the	99469
mental capacity to, and has waived, the hearing required by	99470
division (B) of this section.	99471

(10)(a) "Independent decision-maker" means a person who is	99472
employed or retained by the department of rehabilitation and	99473
correction and is appointed by the chief or chief clinical officer	99474
of mental health services as a hospitalization hearing officer to	99475
conduct due process hearings.	99476

(b) An independent decision-maker who presides over any	99477
hearing or issues any order pursuant to this section shall be a	99478
psychiatrist, psychologist, or attorney, shall not be specifically	99479
associated with the institution in which the inmate who is the	99480
subject of the hearing or order resides at the time of the hearing	99481
or order, and previously shall not have had any treatment	99482
relationship with nor have represented in any legal proceeding the	99483
inmate who is the subject of the order.	99484

(B)(1) Except as provided in division (C) of this section, if	99485
the warden of a state correctional institution or the warden's	99486
designee believes that an inmate should be transferred from the	99487
institution to a psychiatric hospital, the department shall hold a	99488
hearing to determine whether the inmate is a mentally ill person	99489
subject to hospitalization. The department shall conduct the	99490
hearing at the state correctional institution in which the inmate	99491
is confined, and the department shall provide qualified	99492
independent assistance to the inmate for the hearing. An	99493
independent decision-maker provided by the department shall	99494
preside at the hearing and determine whether the inmate is a	99495
mentally ill person subject to hospitalization.	99496

(2) Except as provided in division (C) of this section, prior	99497
to the hearing held pursuant to division (B)(1) of this section,	99498
the warden or the warden's designee shall give written notice to	99499
the inmate that the department is considering transferring the	99500
inmate to a psychiatric hospital, that it will hold a hearing on	99501
the proposed transfer at which the inmate may be present, that at	99502
the hearing the inmate has the rights described in division (B)(3)	99503
of this section, and that the department will provide qualified	99504
independent assistance to the inmate with respect to the hearing.	99505
The department shall not hold the hearing until the inmate has	99506
received written notice of the proposed transfer and has had	99507
sufficient time to consult with the person appointed by the	99508
department to provide assistance to the inmate and to prepare for	99509
a presentation at the hearing.	99510

(3) At the hearing held pursuant to division (B)(1) of this	99511
section, the department shall disclose to the inmate the evidence	99512
that it relies upon for the transfer and shall give the inmate an	99513
opportunity to be heard. Unless the independent decision-maker	99514
finds good cause for not permitting it, the inmate may present	99515
documentary evidence and the testimony of witnesses at the hearing	99516
and may confront and cross-examine witnesses called by the	99517
department.	99518

(4) If the independent decision-maker does not find clear and	99519
convincing evidence that the inmate is a mentally ill person	99520
subject to hospitalization, the department shall not transfer the	99521
inmate to a psychiatric hospital but shall continue to confine the	99522
inmate in the same state correctional institution or in another	99523
state correctional institution that the department considers	99524
appropriate. If the independent decision-maker finds clear and	99525
convincing evidence that the inmate is a mentally ill person	99526
subject to hospitalization, the decision-maker shall order that	99527
the inmate be transported to a psychiatric hospital for	99528
observation and treatment for a period of not longer than thirty	99529
days. After the hearing, the independent decision-maker shall	99530
submit to the department a written decision that states one of the	99531
findings described in division (B)(4) of this section, the	99532
evidence that the decision-maker relied on in reaching that	99533
conclusion, and, if the decision is that the inmate should be	99534
transferred, the reasons for the transfer.	99535

(C)(1) The department may transfer an inmate to a psychiatric	99536
hospital under an emergency transfer order if the chief clinical	99537
officer of mental health services of the department or that	99538
officer's designee and either a psychiatrist employed or retained	99539
by the department or, in the absence of a psychiatrist, a	99540
psychologist employed or retained by the department determines	99541
that the inmate is mentally ill, presents an immediate danger to	99542
self or others, and requires hospital-level care.	99543

(2) The department may transfer an inmate to a psychiatric	99544
hospital under an uncontested transfer order if both of the	99545
following apply:	99546

(a) A psychiatrist employed or retained by the department	99547
determines all of the following apply:	99548

(i) The inmate has a mental illness or is a mentally ill	99549
person subject to hospitalization.	99550

(ii) The inmate requires hospital care to address the mental	99551
illness.	99552

(iii) The inmate has the mental capacity to make a reasoned	99553
choice regarding the inmate's transfer to a hospital.	99554

(b) The inmate agrees to a transfer to a hospital.

99555

(3) The written notice and the hearing required under	99556
divisions (B)(1) and (2) of this section are not required for an	99557
emergency transfer or uncontested transfer under division (C)(1)	99558
or (2) of this section.	99559

(4) After an emergency transfer under division (C)(1) of this	99560
section, the department shall hold a hearing for continued	99561
hospitalization within five working days after admission of the	99562
transferred inmate to the psychiatric hospital. The department	99563
shall hold subsequent hearings pursuant to division (F) of this	99564
section at the same intervals as required for inmate patients who	99565
are transported to a psychiatric hospital under division (B)(4) of	99566
this section.	99567

(5) After an uncontested transfer under division (C)(2) of	99568
this section, the inmate may withdraw consent to the transfer in	99569
writing at any time. Upon the inmate's withdrawal of consent, the	99570
hospital shall discharge the inmate, or, within five working days,	99571
the department shall hold a hearing for continued hospitalization.	99572
The department shall hold subsequent hearings pursuant to division	99573
(F) of this section at the same time intervals as required for	99574
inmate patients who are transported to a psychiatric hospital	99575
under division (B)(4) of this section.	99576

(D)(1) If an independent decision-maker, pursuant to division	99577
(B)(4) of this section, orders an inmate transported to a	99578
psychiatric hospital or if an inmate is transferred pursuant to	99579
division (C)(1) or (2) of this section, the staff of the	99580
psychiatric hospital shall examine the inmate patient when	99581
admitted to the psychiatric hospital as soon as practicable after	99582
the inmate patient arrives at the hospital and no later than	99583
twenty-four hours after the time of arrival. The attending	99584
physician responsible for the inmate patient's care shall give the	99585
inmate patient all information necessary to enable the patient to	99586
give a fully informed, intelligent, and knowing consent to the	99587
treatment the inmate patient will receive in the hospital. The	99588
attending physician shall tell the inmate patient the expected	99589
physical and medical consequences of any proposed treatment and	99590
shall give the inmate patient the opportunity to consult with	99591
another psychiatrist at the hospital and with the inmate advisor.	99592

(2) No inmate patient who is transported or transferred	99593
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	99594
psychiatric hospital within a facility that is operated by the	99595
department of rehabilitation and correction shall be subjected to	99596
any of the following procedures:	99597

(a) Convulsive therapy;

99598

(b) Major aversive interventions;

99599

99600

(d) Psychosurgery.

99601

(E) The department of rehabilitation and correction shall	99602
ensure that an inmate patient hospitalized pursuant to this	99603
section receives or has all of the following:	99604

(1) Receives sufficient professional care within twenty days	99605
of admission to ensure that an evaluation of the inmate patient's	99606
current status, differential diagnosis, probable prognosis, and	99607
description of the current treatment plan have been formulated and	99608
are stated on the inmate patient's official chart;	99609

(2) Has a written treatment plan consistent with the	99610
evaluation, diagnosis, prognosis, and goals of treatment;	99611

(3) Receives treatment consistent with the treatment plan;

99612

(4) Receives periodic reevaluations of the treatment plan by	99613
the professional staff at intervals not to exceed thirty days;	99614

(5) Is provided with adequate medical treatment for physical	99615
disease or injury;	99616

(6) Receives humane care and treatment, including, without	99617
being limited to, the following:	99618

(a) Access to the facilities and personnel required by the	99619
treatment plan;	99620

(b) A humane psychological and physical environment;

99621

(c) The right to obtain current information concerning the	99622
treatment program, the expected outcomes of treatment, and the	99623
expectations for the inmate patient's participation in the	99624
treatment program in terms that the inmate patient reasonably can	99625
understand;	99626

(d) Opportunity for participation in programs designed to	99627
help the inmate patient acquire the skills needed to work toward	99628
discharge from the psychiatric hospital;	99629

(e) The right to be free from unnecessary or excessive	99630
medication and from unnecessary restraints or isolation;	99631

(f) All other rights afforded inmates in the custody of the	99632
department consistent with rules, policy, and procedure of the	99633
department.	99634

(F) The department shall hold a hearing for the continued	99635
hospitalization of an inmate patient who is transported or	99636
transferred to a psychiatric hospital pursuant to division (B)(4)	99637
or (C)(1) of this section prior to the expiration of the initial	99638
thirty-day period of hospitalization. The department shall hold	99639
any subsequent hearings, if necessary, not later than ninety days	99640
after the first thirty-day hearing and then not later than each	99641
one hundred and eighty days after the immediately prior hearing.	99642
An independent decision-maker shall conduct the hearings at the	99643
psychiatric hospital in which the inmate patient is confined. The	99644
inmate patient shall be afforded all of the rights set forth in	99645
this section for the hearing prior to transfer to the psychiatric	99646
hospital. The department may not waive a hearing for continued	99647
commitment. A hearing for continued commitment is mandatory for an	99648
inmate patient transported or transferred to a psychiatric	99649
hospital pursuant to division (B)(4) or (C)(1) of this section	99650
unless the inmate patient has the capacity to make a reasoned	99651
choice to execute a waiver and waives the hearing in writing. An	99652
inmate patient who is transferred to a psychiatric hospital	99653
pursuant to an uncontested transfer under division (C)(2) of this	99654
section and who has scheduled hearings after withdrawal of consent	99655
for hospitalization may waive any of the scheduled hearings if the	99656
inmate has the capacity to make a reasoned choice and executes a	99657
written waiver of the hearing.	99658

If upon completion of the hearing the independent	99659
decision-maker does not find by clear and convincing evidence that	99660
the inmate patient is a mentally ill person subject to	99661
hospitalization, the independent decision-maker shall order the	99662
inmate patient's discharge from the psychiatric hospital. If the	99663
independent decision-maker finds by clear and convincing evidence	99664
that the inmate patient is a mentally ill person subject to	99665
hospitalization, the independent decision-maker shall order that	99666
the inmate patient remain at the psychiatric hospital for	99667
continued hospitalization until the next required hearing.	99668

If at any time prior to the next required hearing for	99669
continued hospitalization, the medical director of the hospital or	99670
the attending physician determines that the treatment needs of the	99671
inmate patient could be met equally well in an available and	99672
appropriate less restrictive state correctional institution or	99673
unit, the medical director or attending physician may discharge	99674
the inmate to that facility.	99675

(G) An inmate patient is entitled to the credits toward the	99676
reduction of the inmate patient's stated prison term pursuant to	99677
Chapters 2967. and 5120. of the Revised Code under the same terms	99678
and conditions as if the inmate patient were in any other	99679
institution of the department of rehabilitation and correction.	99680

(H) The adult parole authority may place an inmate patient on	99681
parole or under post-release control directly from a psychiatric	99682
hospital.	99683

(I) If an inmate patient who is a mentally ill person subject	99684
to hospitalization is to be released from a psychiatric hospital	99685
because of the expiration of the inmate patient's stated prison	99686
term, the director of rehabilitation and correction or the	99687
director's designee, at least fourteen days before the expiration	99688
date, may file an affidavit under section 5122.11 or 5123.71 of	99689
the Revised Code with the probate court in the county where the	99690
psychiatric hospital is located or the probate court in the county	99691
where the inmate will reside, alleging that the inmate patient is	99692
a mentally ill person subject to hospitalization by court order or	99693
a mentally retarded person subject to institutionalization by	99694
court order, whichever is applicable. The proceedings in the	99695
probate court shall be conducted pursuant to Chapter 5122. or	99696
5123. of the Revised Code except as modified by this division.	99697

Upon the request of the inmate patient, the probate court	99698
shall grant the inmate patient an initial hearing under section	99699
5122.141 of the Revised Code or a probable cause hearing under	99700
section 5123.75 of the Revised Code before the expiration of the	99701
stated prison term. After holding a full hearing, the probate	99702
court shall make a disposition authorized by section 5122.15 or	99703
5123.76 of the Revised Code before the date of the expiration of	99704
the stated prison term. No inmate patient shall be held in the	99705
custody of the department of rehabilitation and correction past	99706
the date of the expiration of the inmate patient's stated prison	99707
term.	99708

(J) The department of rehabilitation and correction shall set	99709
standards for treatment provided to inmate patients.	99710

(K) A certificate, application, record, or report that is	99711
made in compliance with this section and that directly or	99712
indirectly identifies an inmate or former inmate whose	99713
hospitalization has been sought under this section is	99714
confidential. No person shall disclose the contents of any	99715
certificate, application, record, or report of that nature or any	99716
other psychiatric or medical record or report regarding a mentally	99717
ill inmate unless one of the following applies:	99718

(1) The person identified, or the person's legal guardian, if	99719
any, consents to disclosure, and the chief clinical officer or	99720
designee of mental health services of the department of	99721
rehabilitation and correction determines that disclosure is in the	99722
best interests of the person.	99723

(2) Disclosure is required by a court order signed by a	99724
judge.	99725

(3) An inmate patient seeks access to the inmate patient's	99726
own psychiatric and medical records, unless access is specifically	99727
restricted in the treatment plan for clear treatment reasons.	99728

(4) Hospitals and other institutions and facilities within	99729
the department of rehabilitation and correction may exchange	99730
psychiatric records and other pertinent information with other	99731
hospitals, institutions, and facilities of the department, but the	99732
information that may be released about an inmate patient is	99733
limited to medication history, physical health status and history,	99734
summary of course of treatment in the hospital, summary of	99735
treatment needs, and a discharge summary, if any.	99736

(5) An inmate patient's family member who is involved in	99737
planning, providing, and monitoring services to the inmate patient	99738
may receive medication information, a summary of the inmate	99739
patient's diagnosis and prognosis, and a list of the services and	99740
personnel available to assist the inmate patient and family if the	99741
attending physician determines that disclosure would be in the	99742
best interest of the inmate patient. No disclosure shall be made	99743
under this division unless the inmate patient is notified of the	99744
possible disclosure, receives the information to be disclosed, and	99745
does not object to the disclosure.	99746

(6) The department of rehabilitation and correction may	99747
exchange psychiatric hospitalization records, other mental health	99748
treatment records, and other pertinent information with county	99749
sheriffs' offices, hospitals, institutions, and facilities of the	99750
department of ~~mental health~~mental health and addiction services	99751
and with community mental health ~~agencies~~services providers and	99752
boards of alcohol, drug addiction, and mental health services with	99753
which the department of ~~mental health~~mental health and addiction	99754
services has a current agreement for patient care or services to	99755
ensure continuity of care. Disclosure under this division is	99756
limited to records regarding a mentally ill inmate's medication	99757
history, physical health status and history, summary of course of	99758
treatment, summary of treatment needs, and a discharge summary, if	99759
any. No office, department, agency, provider, or board shall	99760
disclose the records and other information unless one of the	99761
following applies:	99762

(a) The mentally ill inmate is notified of the possible	99763
disclosure and consents to the disclosure.	99764

(b) The mentally ill inmate is notified of the possible	99765
disclosure, an attempt to gain the consent of the inmate is made,	99766
and the office, department, agency, or board documents the attempt	99767
to gain consent, the inmate's objections, if any, and the reasons	99768
for disclosure in spite of the inmate's objections.	99769

(7) Information may be disclosed to staff members designated	99770
by the director of rehabilitation and correction for the purpose	99771
of evaluating the quality, effectiveness, and efficiency of	99772
services and determining if the services meet minimum standards.	99773

The name of an inmate patient shall not be retained with the	99774
information obtained during the evaluations.	99775

(L) The director of rehabilitation and correction may adopt	99776
rules setting forth guidelines for the procedures required under	99777
divisions (B), (C)(1), and (C)(2) of this section.	99778

Sec. 5120.171. (A) The department of rehabilitation and	99779
correction shall have exclusive direction and control of the care	99780
and treatment of seriously mentally ill inmates who are in the	99781
department's custody. The department shall enter into any	99782
arrangements it considers desirable on such matters, including but	99783
not limited to both of the following:	99784

(1) The monitoring of such services by another state agency	99785
or agencies;	99786

(2) Adopting joint standards for the provision and monitoring	99787
of mental health services with the department of ~~mental health~~	99788
mental health and addiction services and other state agencies.	99789

(B) In order to implement its duties imposed by division (A)	99790
of this section, the department of rehabilitation and correction	99791
may enter into a contract for the provision of the mental health	99792
services described in that division.	99793

Sec. 5120.652. To participate in the prison nursery program,	99794
each eligible inmate selected by the department shall do all the	99795
following:	99796

(A) Agree in writing to do all the following:

99797

(1) Comply with any program, educational, counseling, and	99798
other requirements established for the program by the department	99799
of rehabilitation and correction;	99800

(2) If eligible, have the child participate in the medicaid	99801
program or a health insurance program;	99802

(3) Accept the normal risks of childrearing;

99803

(4) Abide by any court decisions regarding the allocation of	99804
parental rights and responsibilities with respect to the child.	99805

(B) Assign to the department any rights to support from any	99806
other person, excluding support assigned pursuant to section	99807
5107.20 of the Revised Code and medical support assigned pursuant	99808
to section ~~5101.59~~5160.38 of the Revised Code;	99809

(C) Specify with whom the child is to be placed in the event	99810
the inmate's participation in the program is terminated for a	99811
reason other than release from imprisonment.	99812

Sec. 5120.654. (A) The rights to support assigned by an	99813
inmate pursuant to section 5120.652 of the Revised Code constitute	99814
an obligation of the person who is responsible for providing the	99815
support to the department of rehabilitation and correction for the	99816
support provided the inmate and child pursuant to the prison	99817
nursery program. The division of child support in the department	99818
of job and family services shall collect support payments made	99819
pursuant to the assignment and forward them to the department of	99820
rehabilitation and correction.	99821

(B) The department of rehabilitation and correction may	99822
receive the following:	99823

(1) Money that is assigned or donated on behalf of, and	99824
~~public~~ assistance provided under Ohio works first to, a specific	99825
inmate or child participating in the prison nursery program;	99826

(2) Money assigned or donated to establish and maintain the	99827
prison nursery program.	99828

(C) The amounts described in division (B)(1) of this section	99829
shall be placed in the individual nursery account created and	99830
maintained under section 5120.655 of the Revised Code for the	99831
inmate and child for whom the money was received. The money	99832
described in division (B)(2) of this section shall be deposited in	99833
the appropriate prison nursery program fund.	99834

Sec. 5121.051. All outstanding liability of relatives for	99835
the support of any patient or resident in a benevolent institution	99836
under the control of the department of ~~mental health~~mental health	99837
and addiction services or the department of developmental	99838
disabilities accrued prior to January 1, 1956, including the	99839
liability of the patient personally, is hereby canceled, provided	99840
that this section does not abrogate any written agreements or	99841
security arrangement for the payment of support charges entered	99842
into between the state and any patient or liable relative prior to	99843
such date.	99844

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	99845
Revised Code:	99846

(A) ~~"Community mental health services client" or "client"~~	99847
~~means a person receiving state-operated community mental health~~	99848
~~services.~~	99849

~~(B)~~ "Countable assets" means all of the following:

99850

(1) Cash;

99851

(2) Bank deposits;

99852

(3) Securities;

99853

(4) Individual retirement accounts;

99854

(5) Qualified employer plans, including 401(k) and Keogh	99855
plans;	99856

(6) Annuities;

99857

(7) Funds in a trust created under section 5815.28 of the	99858
Revised Code;	99859

(8) Investment property and income;

99860

(9) The cash surrender values of life insurance policies;

99861

(10) Assets acquired by gift, bequest, devise, or	99862
inheritance;	99863

(11) Any other asset determined by the department of ~~mental~~	99864
~~health~~mental health and addiction services to be equivalent to	99865
the assets enumerated in this division.	99866

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	99867
level represented by the poverty guidelines as revised annually by	99868
the United States department of health and human services in	99869
accordance with section 673(2) of the "Omnibus Reconciliation Act	99870
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	99871
size equal to the size of the family of the person whose income is	99872
being determined.	99873

~~(D)~~(C) "Federal poverty guidelines" means the poverty	99874
guidelines as revised annually by the United States department of	99875
health and human services in accordance with section 673(2) of the	99876
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	99877
U.S.C. 9902, as amended, for a family size equal to the size of	99878
the family of the person whose income is being determined.	99879

~~(E)~~(D) "Hospital" means an institution, hospital, or other	99880
place established, controlled, or supervised by the department of	99881
~~mental health~~mental health and addiction services under Chapter	99882
5119. of the Revised Code.	99883

~~(F)~~(E) "Liable relative" means all of the following:

99884

(1) A patient's spouse;

99885

(2) A patient's mother or father, or both, if the patient is	99886
under eighteen years of age;	99887

(3) A patient's guardian.

99888

~~(G)~~(F) "Patient" means a person admitted to a hospital for	99889
inpatient care or treatment, including a person transferred to a	99890
hospital from a state correctional institution or a person under	99891
indictment or conviction who has been transferred to a hospital.	99892

Sec. 5121.32. On an annual basis, the department of ~~mental~~	99893
~~health~~mental health and addiction services shall determine both	99894
of the following using generally accepted governmental accounting	99895
principles:	99896

(A) The applicable per diem charge for each hospital operated	99897
by the department;	99898

(B) The ancillary per diem rate for each hospital operated by	99899
the department.	99900

In determining a hospital's applicable per diem charge and	99901
ancillary per diem rate, the department shall consider the average	99902
actual per diem cost of maintaining and treating a patient at the	99903
hospital or, at the department's discretion, the average actual	99904
per diem cost of maintaining and treating a patient in a unit of	99905
the hospital.	99906

Sec. 5121.33. Except as provided in sections 5121.35,	99907
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	99908
Code, the department of ~~mental health~~mental health and addiction	99909
services shall, for each billing cycle, charge a patient,	99910
patient's estate, or liable relative an amount equal to the sum of	99911
the following:	99912

(A) The applicable per diem charge multiplied by the number	99913
of days the patient was admitted to the hospital;	99914

(B) An amount that was previously billed but not paid.

99915

Sec. 5121.34. (A) A patient, patient's estate, and patient's	99916
liable relatives shall be jointly and severally liable for amounts	99917
charged by the department of ~~mental health~~mental health and	99918
addiction services in accordance with section 5121.33 or 5121.35	99919
of the Revised Code. In no case shall any of the foregoing persons	99920
be liable for more than one hundred per cent of the full sum	99921
charged under section 5121.33 of the Revised Code.	99922

(B) Collections of support payments shall be made by the	99923
department and, subject to meeting prior requirements for payment	99924
and crediting of such collections and other available receipts, in	99925
accordance with the bond proceedings applicable to obligations	99926
issued pursuant to section 154.20 of the Revised Code. The	99927
collections and other available receipts designated by the	99928
director of ~~mental health~~mental health and addiction services for	99929
deposit in the special accounts, together with insurance contract	99930
payments provided for in section 5121.43 of the Revised Code,	99931
shall be remitted to the treasurer of state for deposit in the	99932
state treasury to the credit of the mental health operating fund,	99933
which is hereby created, to be used for the general purposes of	99934
the department. The department shall make refunds of overpayment	99935
of support charges from the mental health operating fund.	99936

Sec. 5121.35. The department of ~~mental health~~mental health	99937
and addiction services shall charge a patient, patient's estate,	99938
or liable relative an amount discounted from the amount the	99939
department charges under section 5121.33 of the Revised Code if	99940
the department determines through the application process	99941
described in section 5121.36 of the Revised Code or through the	99942
financial assessment process described in section 5121.37 of the	99943
Revised Code that the patient, estate, or relative is eligible for	99944
a discount.	99945

Sec. 5121.36. (A) A patient, patient's estate, or liable	99946
relative may apply for a discount by completing an application	99947
form prescribed by the director of ~~mental health~~mental health and	99948
addiction services. The department of ~~mental health~~mental health	99949
and addiction services may require a patient, estate, or relative	99950
to furnish any of the following with an application form:	99951

(1) A copy of the patient's, estate's, or liable relative's	99952
federal income tax return for the year preceding the date of	99953
application or, if that is not yet available, the preceding year;	99954

(2) A copy of the patient's, estate's, or liable relative's	99955
employee tax withholding return (form W-2) for the year preceding	99956
the date of application;	99957

(3) Any other relevant documents prescribed by the director	99958
of ~~mental health~~mental health and addiction services.	99959

(B) To be considered, an application must be submitted to the	99960
department not later than ninety days after the date the patient	99961
is admitted to a hospital.	99962

(C) From the information provided by a patient, estate, or	99963
relative, the department shall determine whether the department	99964
will charge the person a discounted amount in accordance with	99965
sections 5121.40 and 5121.41 of the Revised Code. In making this	99966
determination, the department shall consider whether the patient	99967
is covered by an insurance policy or other contract that provides	99968
for payment of expenses and treatment for mental illness. If the	99969
department determines that the patient has coverage, the	99970
department shall require payment in accordance with section	99971
5121.43 of the Revised Code.	99972

(D) The department shall notify the patient, executor or	99973
administrator of the patient's estate, or liable relative who	99974
submitted the application form in writing regarding whether that	99975
person will be charged a discounted amount and the per diem rate	99976
to be charged.	99977

(E) In accordance with section 5121.42 of the Revised Code,	99978
the department may, at any time, modify an amount charged or	99979
change the per diem rate to be charged if the department learns of	99980
countable assets or income that was not previously disclosed or	99981
was acquired after the application form was submitted. Within a	99982
reasonable time, the department shall notify in writing any person	99983
affected by a modification or change.	99984

Sec. 5121.37. After a patient's admittance to a hospital, the	99985
department of ~~mental health~~mental health and addiction services	99986
shall conduct a financial assessment to determine whether the	99987
patient, patient's estate, or liable relative will be charged an	99988
amount discounted from the amount the department charges under	99989
section 5121.33 of the Revised Code. The department shall make the	99990
determination in accordance with sections 5121.40 and 5121.41 of	99991
the Revised Code.	99992

If a discounted rate is to be charged, the department shall	99993
notify the person whose financial condition was assessed. The	99994
notice shall specify the per diem rate to be charged.	99995

In accordance with section 5121.42 of the Revised Code, the	99996
department may, at any time, modify an amount charged or change	99997
the per diem rate to be charged if the department learns of	99998
countable assets or income that was not previously disclosed or	99999
was acquired after the assessment was conducted. Within a	100000
reasonable time, the department shall notify in writing any person	100001
affected by a modification or change.	100002

Sec. 5121.38. The department of ~~mental health~~mental health	100003
and addiction services may subpoena witnesses, take testimony	100004
under oath, and examine any public records relating to the income	100005
and other assets of a patient or of a relative liable for such	100006
patient's support. All information, conclusions, and	100007
recommendations shall be submitted to the department by the	100008
investigating agent of the department.	100009

Sec. 5121.40. (A) A patient, patient's estate, or liable	100010
relative may be eligible to be charged an amount discounted from	100011
the amount the department of ~~mental health~~mental health and	100012
addiction services charges under section 5121.33 of the Revised	100013
Code if the patient, estate, or relative has countable assets with	100014
a total value that is not greater than an amount equal to fifty	100015
per cent of the difference between the following:	100016

(1) The gross annual income that corresponds with a family	100017
size of two persons at one hundred per cent of the federal poverty	100018
level for the state;	100019

(2) The gross annual income that corresponds with a family	100020
size of one person at one hundred per cent of the federal poverty	100021
level for the state. For purposes of determining family size, the	100022
patient is one dependent. One additional dependent shall be	100023
included for each of the following circumstances and persons:	100024

(a) The patient or liable relative is legally blind or deaf.

100025

(b) The patient or liable relative is of sixty-five years of	100026
age or older.	100027

(c) Each child under eighteen years of age for which the	100028
patient or liable relative has legal custody;	100029

(d) The patient's or liable relative's spouse.

100030

(B) A patient, estate, or relative may, not later than ninety	100031
days after the patient's admission to a hospital, surrender the	100032
value of countable assets sufficient to reduce countable assets to	100033
not more than the limit described in division (A) of this section.	100034

Sec. 5121.42. (A) Except as provided in division (B) of this	100035
section, a patient, patient's estate, or liable relative shall	100036
cease to be eligible for a discount under ~~sections~~section 5121.36	100037
or 5121.37 of the Revised Code on accumulation of countable assets	100038
in excess of an amount equal to fifty per cent of the difference	100039
between the following:	100040

(1) The gross annual income that corresponds with a family	100041
size of two persons at one hundred per cent of the federal poverty	100042
level for the state;	100043

(2) The gross annual income that corresponds with a family	100044
size of one person at one hundred per cent of the federal poverty	100045
level for the state.	100046

(B) Money needed to meet the patient's needs and burial fund	100047
as determined by a needs assessment conducted by the department of	100048
~~mental health~~mental health and addiction services pursuant to	100049
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	100050
shall be excluded from any determination the department makes	100051
under division (A) of this section.	100052

Sec. 5121.43. If a patient is covered by an insurance policy	100053
or other contract that provides for payment of expenses for care	100054
and treatment for mental illness at or from a hospital under the	100055
jurisdiction of the department of ~~mental health~~mental health and	100056
addiction services, sections 5121.33 to 5121.55 of the Revised	100057
Code are inapplicable to the extent that the policy or contract is	100058
in force. Any insurance carrier or other third party payor	100059
providing coverage for such care and treatment shall pay for the	100060
patient's support obligation in amounts equal to the lesser of	100061
amounts charged by the department under section 5121.33 of the	100062
Revised Code or the benefits provided under the policy or other	100063
contract. Whether or not an insured, owner of, or other person	100064
having an interest in such policy or other contract is liable for	100065
support payments, the insured, policy owner, or other person shall	100066
assign payment directly to the department of all assignable	100067
benefits under the policy or other contract and shall pay to the	100068
department, within ten days of receipt, all insurance or other	100069
benefits received as reimbursement or payment for expenses	100070
incurred by the patient or for any other reason. If the insured,	100071
policy owner, or other person refuses to assign payment to the	100072
department or refuses to pay received reimbursements or payments	100073
to the department within ten days of receipt, the total liability	100074
of the insured, policy owner, or other person for the services is	100075
an amount equal to the per diem charge for the hospital where the	100076
patient was admitted multiplied by the number of days the patient	100077
was admitted.	100078

In no event shall this total liability exceed the	100079
department's actual cost of providing care and treatment to a	100080
patient. The department may disqualify patients and liable	100081
relatives who have retained third party funds from future	100082
discounts. The department may request that the attorney general	100083
petition a court of competent jurisdiction to compel the insured,	100084
owner of, or other person having an interest in the policy or	100085
contract to comply with the assignment requirements in this	100086
section.	100087

Sec. 5121.44. The department of ~~mental health~~mental health	100088
and addiction services may enter into an extended payment	100089
agreement with a patient, patient's estate, or liable relative who	100090
has notified the department that the patient, estate, or relative	100091
cannot reasonably pay an amount the department has charged. In no	100092
case shall the department take a security interest, mortgage, or	100093
lien against the principal family residence of a patient or liable	100094
relative.	100095

Sec. 5121.45. (A) For purposes of this section, "delinquent	100096
payment" means an amount owed by a patient, patient's estate, or	100097
liable relative to the department of ~~mental health~~mental health	100098
and addiction services for which the person has failed to do	100099
either of the following not later than ninety days after the	100100
service associated with the charge was incurred:	100101

(1) Make payment in full;

100102

(2) Make a payment in accordance with the terms of an	100103
agreement entered into under section 5121.44 of the Revised Code.	100104

(B) An action to enforce the collection of a delinquent	100105
payment shall be commenced not later than six years after the	100106
later of the following:	100107

(1) The last date the department received money to satisfy	100108
the delinquent payment;	100109

(2) The date the charge was due.

100110

(C) In all actions to enforce the collection of delinquent	100111
payments, a court of record shall receive into evidence the proof	100112
of claim document made by the state together with all debts and	100113
credits. The proof of claim document shall be prima-facie evidence	100114
of the facts stated in the document.	100115

Sec. 5121.46. The department of ~~mental health~~mental health	100116
and addiction services shall not charge a liable relative under	100117
sections 5121.33 and 5121.35 of the Revised Code who has done	100118
either of the following:	100119

(A) Paid all amounts charged by the department for the care	100120
and treatment of a particular patient for fifteen consecutive	100121
years;	100122

(B) Paid amounts charged by the department for the care and	100123
treatment of more than one patient for a total of fifteen	100124
consecutive years.	100125

Sec. 5121.47. Irrespective of the number of patients for	100126
which the department of ~~mental health~~mental health and addiction	100127
services may charge a liable relative under sections 5121.33 or	100128
and 5121.35 of the Revised Code, the department shall not charge a	100129
liable relative or group of liable relatives who are members of	100130
the same family unit for the support of more than one patient	100131
during the same period of time.	100132

Sec. 5121.49. (A) Any person who has been charged under	100133
section 5121.33 or 5121.35 of the Revised Code may petition the	100134
department of ~~mental health~~mental health and addiction services	100135
to do the following:	100136

(1) Release the person from a charge;

100137

(2) Modify or cancel a charge.

100138

(B) The department shall respond to a petition in writing and	100139
inform the petitioner of whether a release, modification, or	100140
cancellation has been approved.	100141

Sec. 5121.50. When a patient is committed to a hospital	100142
pursuant to judicial proceedings, the judge ordering the	100143
commitment shall:	100144

(A) Make a reliable report on the financial condition of the	100145
patient and of each liable relative, as provided in rules adopted	100146
by the director of ~~mental health~~mental health and addiction	100147
services;	100148

(B) Certify the report required under division (A) of this	100149
section to the managing officer of the hospital. The managing	100150
officer shall thereupon enter in the managing officer's records	100151
the name and address of any guardian appointed and of any relative	100152
liable for the patient's support.	100153

Sec. 5121.51. In case the estate of any patient in a	100154
hospital is sufficient for the patient's support and no guardian	100155
has been appointed for such estate, the agent of the department of	100156
~~mental health~~mental health and addiction services shall petition	100157
the probate court of the proper county to appoint a guardian.	100158

Sec. 5121.52. On the death of a person who is a patient, or	100159
has been a patient in a hospital, or on the death of a person	100160
responsible under section 5121.34 of the Revised Code for the	100161
support of a patient, the department of ~~mental health~~mental	100162
health and addiction services may waive the presentation of any	100163
claim for support against the estate of such decedent, when in its	100164
judgment an otherwise dependent person will be directly benefited	100165
by the estate. Claims against an estate for support of a patient	100166
are subject to section 5815.28 and Chapter 2117. of the Revised	100167
Code, and shall be treated, and may be barred, the same as the	100168
claims of other creditors of the estate, pursuant to that section	100169
or chapter.	100170

The department of ~~mental health~~mental health and addiction	100171
services may accept from a guardian or trustee of a patient a	100172
contract agreeing to pay to the state from the property of the	100173
guardian's or trustee's ward before or at the death of the ward a	100174
fixed annual amount for the support of the ward while the ward is	100175
a patient, with interest at four per cent per annum. A copy of the	100176
contract shall be filed in the probate court of the proper county	100177
and duly entered as a part of the records concerning the ward.	100178

Sec. 5121.55. The cost for support of a client of	100179
state-operated community mental health services is an amount	100180
determined using guidelines the department of ~~mental health~~mental	100181
health and addiction services shall issue. The guidelines shall be	100182
based on cost findings and rate-settings applicable to such	100183
services.	100184

Sec. 5122.01. As used in this chapter and Chapter 5119. of	100185
the Revised Code:	100186

(A) "Mental illness" means a substantial disorder of thought,	100187
mood, perception, orientation, or memory that grossly impairs	100188
judgment, behavior, capacity to recognize reality, or ability to	100189
meet the ordinary demands of life.	100190

(B) "Mentally ill person subject to hospitalization by court	100191
order" means a mentally ill person who, because of the person's	100192
illness:	100193

(1) Represents a substantial risk of physical harm to self as	100194
manifested by evidence of threats of, or attempts at, suicide or	100195
serious self-inflicted bodily harm;	100196

(2) Represents a substantial risk of physical harm to others	100197
as manifested by evidence of recent homicidal or other violent	100198
behavior, evidence of recent threats that place another in	100199
reasonable fear of violent behavior and serious physical harm, or	100200
other evidence of present dangerousness;	100201

(3) Represents a substantial and immediate risk of serious	100202
physical impairment or injury to self as manifested by evidence	100203
that the person is unable to provide for and is not providing for	100204
the person's basic physical needs because of the person's mental	100205
illness and that appropriate provision for those needs cannot be	100206
made immediately available in the community; or	100207

(4) Would benefit from treatment in a hospital for the	100208
person's mental illness and is in need of such treatment as	100209
manifested by evidence of behavior that creates a grave and	100210
imminent risk to substantial rights of others or the person.	100211

(C)(1) "Patient" means, subject to division (C)(2) of this	100212
section, a person who is admitted either voluntarily or	100213
involuntarily to a hospital or other place under section 2945.39,	100214
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	100215
finding of not guilty by reason of insanity or incompetence to	100216
stand trial or under this chapter, who is under observation or	100217
receiving treatment in such place.	100218

(2) "Patient" does not include a person admitted to a	100219
hospital or other place under section 2945.39, 2945.40, 2945.401,	100220
or 2945.402 of the Revised Code to the extent that the reference	100221
in this chapter to patient, or the context in which the reference	100222
occurs, is in conflict with any provision of sections 2945.37 to	100223
2945.402 of the Revised Code.	100224

(D) "Licensed physician" means a person licensed under the	100225
laws of this state to practice medicine or a medical officer of	100226
the government of the United States while in this state in the	100227
performance of the person's official duties.	100228

(E) "Psychiatrist" means a licensed physician who has	100229
satisfactorily completed a residency training program in	100230
psychiatry, as approved by the residency review committee of the	100231
American medical association, the committee on post-graduate	100232
education of the American osteopathic association, or the American	100233
osteopathic board of neurology and psychiatry, or who on July 1,	100234
1989, has been recognized as a psychiatrist by the Ohio state	100235
medical association or the Ohio osteopathic association on the	100236
basis of formal training and five or more years of medical	100237
practice limited to psychiatry.	100238

(F) "Hospital" means a hospital or inpatient unit licensed by	100239
the department of ~~mental health~~mental health and addiction	100240
services under section ~~5119.20~~5119.33 of the Revised Code, and	100241
any institution, hospital, or other place established, controlled,	100242
or supervised by the department under Chapter 5119. of the Revised	100243
Code.	100244

(G) "Public hospital" means a facility that is tax-supported	100245
and under the jurisdiction of the department of ~~mental health~~	100246
mental health and addiction services.	100247

(H) "Community mental health ~~agency~~services provider" means	100248
an agency, association, corporation, individual, or program that	100249
provides community mental health services that are certified by	100250
the director of ~~mental health~~mental health and addiction services	100251
under section ~~5119.611~~5119.36 of the Revised Code.	100252

(I) "Licensed clinical psychologist" means a person who holds	100253
a current valid psychologist license issued under section 4732.12	100254
or 4732.15 of the Revised Code, and in addition, meets either of	100255
the following criteria:	100256

(1) Meets the educational requirements set forth in division	100257
(B) of section 4732.10 of the Revised Code and has a minimum of	100258
two years' full-time professional experience, or the equivalent as	100259
determined by rule of the state board of psychology, at least one	100260
year of which shall be a predoctoral internship, in clinical	100261
psychological work in a public or private hospital or clinic or in	100262
private practice, diagnosing and treating problems of mental	100263
illness or mental retardation under the supervision of a	100264
psychologist who is licensed or who holds a diploma issued by the	100265
American board of professional psychology, or whose qualifications	100266
are substantially similar to those required for licensure by the	100267
state board of psychology when the supervision has occurred prior	100268
to enactment of laws governing the practice of psychology;	100269

(2) Meets the educational requirements set forth in division	100270
(B) of section 4732.15 of the Revised Code and has a minimum of	100271
four years' full-time professional experience, or the equivalent	100272
as determined by rule of the state board of psychology, in	100273
clinical psychological work in a public or private hospital or	100274
clinic or in private practice, diagnosing and treating problems of	100275
mental illness or mental retardation under supervision, as set	100276
forth in division (I)(1) of this section.	100277

(J) "Health officer" means any public health physician;	100278
public health nurse; or other person authorized by or designated	100279
by a city health district; a general health district; or a board	100280
of alcohol, drug addiction, and mental health services to perform	100281
the duties of a health officer under this chapter.	100282

(K) "Chief clinical officer" means the medical director of a	100283
hospital, or a community mental health ~~agency~~services provider,	100284
or a board of alcohol, drug addiction, and mental health services,	100285
or, if there is no medical director, the licensed physician	100286
responsible for the treatment a hospital or community mental	100287
health ~~agency~~services provider provides. The chief clinical	100288
officer may delegate to the attending physician responsible for a	100289
patient's care the duties imposed on the chief clinical officer by	100290
this chapter. Within a community mental health ~~agency~~services	100291
provider, the chief clinical officer shall be designated by the	100292
governing body of the ~~agency~~services provider and shall be a	100293
licensed physician or licensed clinical psychologist who	100294
supervises diagnostic and treatment services. A licensed physician	100295
or licensed clinical psychologist designated by the chief clinical	100296
officer may perform the duties and accept the responsibilities of	100297
the chief clinical officer in the chief clinical officer's	100298
absence.	100299

(L) "Working day" or "court day" means Monday, Tuesday,	100300
Wednesday, Thursday, and Friday, except when such day is a	100301
holiday.	100302

(M) "Indigent" means unable without deprivation of	100303
satisfaction of basic needs to provide for the payment of an	100304
attorney and other necessary expenses of legal representation,	100305
including expert testimony.	100306

(N) "Respondent" means the person whose detention,	100307
commitment, hospitalization, continued hospitalization or	100308
commitment, or discharge is being sought in any proceeding under	100309
this chapter.	100310

(O) "Ohio protection and advocacy system" has the same	100311
meaning as in section 5123.60 of the Revised Code.	100312

(P) "Independent expert evaluation" means an evaluation	100313
conducted by a licensed clinical psychologist, psychiatrist, or	100314
licensed physician who has been selected by the respondent or the	100315
respondent's counsel and who consents to conducting the	100316
evaluation.	100317

(Q) "Court" means the probate division of the court of common	100318
pleas.	100319

(R) "Expunge" means:

100320

(1) The removal and destruction of court files and records,	100321
originals and copies, and the deletion of all index references;	100322

(2) The reporting to the person of the nature and extent of	100323
any information about the person transmitted to any other person	100324
by the court;	100325

(3) Otherwise insuring that any examination of court files	100326
and records in question shall show no record whatever with respect	100327
to the person;	100328

(4) That all rights and privileges are restored, and that the	100329
person, the court, and any other person may properly reply that no	100330
such record exists, as to any matter expunged.	100331

(S) "Residence" means a person's physical presence in a	100332
county with intent to remain there, except that:	100333

(1) If a person is receiving a mental health service at a	100334
facility that includes nighttime sleeping accommodations,	100335
residence means that county in which the person maintained the	100336
person's primary place of residence at the time the person entered	100337
the facility;	100338

(2) If a person is committed pursuant to section 2945.38,	100339
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	100340
residence means the county where the criminal charges were filed.	100341

When the residence of a person is disputed, the matter of	100342
residence shall be referred to the department of ~~mental health~~	100343
mental health and addiction services for investigation and	100344
determination. Residence shall not be a basis for a board's	100345
denying services to any person present in the board's service	100346
district, and the board shall provide services for a person whose	100347
residence is in dispute while residence is being determined and	100348
for a person in an emergency situation.	100349

(T) "Admission" to a hospital or other place means that a	100350
patient is accepted for and stays at least one night at the	100351
hospital or other place.	100352

(U) "Prosecutor" means the prosecuting attorney, village	100353
solicitor, city director of law, or similar chief legal officer	100354
who prosecuted a criminal case in which a person was found not	100355
guilty by reason of insanity, who would have had the authority to	100356
prosecute a criminal case against a person if the person had not	100357
been found incompetent to stand trial, or who prosecuted a case in	100358
which a person was found guilty.	100359

(V) "Treatment plan" means a written statement of reasonable	100360
objectives and goals for an individual established by the	100361
treatment team, with specific criteria to evaluate progress	100362
towards achieving those objectives. The active participation of	100363
the patient in establishing the objectives and goals shall be	100364
documented. The treatment plan shall be based on patient needs and	100365
include services to be provided to the patient while the patient	100366
is hospitalized and after the patient is discharged. The treatment	100367
plan shall address services to be provided upon discharge,	100368
including but not limited to housing, financial, and vocational	100369
services.	100370

(W) "Community control sanction" has the same meaning as in	100371
section 2929.01 of the Revised Code.	100372

(X) "Post-release control sanction" has the same meaning as	100373
in section 2967.01 of the Revised Code.	100374

Sec. 5122.03. A patient admitted under section 5122.02 of	100375
the Revised Code who requests release in writing, or whose release	100376
is requested in writing by the patient's counsel, legal guardian,	100377
parent, spouse, or adult next of kin shall be released forthwith,	100378
except that when:	100379

(A) The patient was admitted on the patient's own application	100380
and the request for release is made by a person other than the	100381
patient, release may be conditional upon the agreement of the	100382
patient; or	100383

(B) The chief clinical officer of the hospital, within three	100384
court days from the receipt of the request for release, files or	100385
causes to be filed with the court of the county where the patient	100386
is hospitalized or of the county where the patient is a resident,	100387
an affidavit under section 5122.11 of the Revised Code. Release	100388
may be postponed until the hearing held under section 5122.141 of	100389
the Revised Code. A telephone communication within three court	100390
days from the receipt of the request for release from the chief	100391
clinical officer to the court, indicating that the required	100392
affidavit has been mailed, is sufficient compliance with the time	100393
limit for filing such affidavit.	100394

Unless the patient is released within three days from the	100395
receipt of the request by the chief clinical officer, the request	100396
shall serve as a request for an initial hearing under section	100397
5122.141 of the Revised Code. If the court finds that the patient	100398
is a mentally ill person subject to hospitalization by court	100399
order, all provisions of this chapter with respect to involuntary	100400
hospitalization apply to such person.	100401

Judicial proceedings for hospitalization shall not be	100402
commenced with respect to a voluntary patient except pursuant to	100403
this section.	100404

Sections 5121.30 to 5121.56 of the Revised Code apply to	100405
persons received in a hospital operated by the department of	100406
~~mental health~~mental health and addiction services on a voluntary	100407
application.	100408

The chief clinical officer of the hospital shall provide	100409
reasonable means and arrangements for informing patients of their	100410
rights to release as provided in this section and for assisting	100411
them in making and presenting requests for release or for a	100412
hearing under section 5122.141 of the Revised Code.	100413

Before a patient is released from a public hospital, the	100414
chief clinical officer shall, when possible, notify the board of	100415
the patient's county of residence of the patient's pending release	100416
after the chief clinical officer has informed the patient that the	100417
board will be so notified.	100418

Sec. 5122.10. Any psychiatrist, licensed clinical	100419
psychologist, licensed physician, health officer, parole officer,	100420
police officer, or sheriff may take a person into custody, or the	100421
chief of the adult parole authority or a parole or probation	100422
officer with the approval of the chief of the authority may take a	100423
parolee, an offender under a community control sanction or a	100424
post-release control sanction, or an offender under transitional	100425
control into custody and may immediately transport the parolee,	100426
offender on community control or post-release control, or offender	100427
under transitional control to a hospital or, notwithstanding	100428
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	100429
not licensed by the department of ~~mental health~~mental health and	100430
addiction services where the parolee, offender on community	100431
control or post-release control, or offender under transitional	100432
control may be held for the period prescribed in this section, if	100433
the psychiatrist, licensed clinical psychologist, licensed	100434
physician, health officer, parole officer, police officer, or	100435
sheriff has reason to believe that the person is a mentally ill	100436
person subject to hospitalization by court order under division	100437
(B) of section 5122.01 of the Revised Code, and represents a	100438
substantial risk of physical harm to self or others if allowed to	100439
remain at liberty pending examination.	100440

A written statement shall be given to such hospital by the	100441
transporting psychiatrist, licensed clinical psychologist,	100442
licensed physician, health officer, parole officer, police	100443
officer, chief of the adult parole authority, parole or probation	100444
officer, or sheriff stating the circumstances under which such	100445
person was taken into custody and the reasons for the	100446
psychiatrist's, licensed clinical psychologist's, licensed	100447
physician's, health officer's, parole officer's, police officer's,	100448
chief of the adult parole authority's, parole or probation	100449
officer's, or sheriff's belief. This statement shall be made	100450
available to the respondent or the respondent's attorney upon	100451
request of either.	100452

Every reasonable and appropriate effort shall be made to take	100453
persons into custody in the least conspicuous manner possible. A	100454
person taking the respondent into custody pursuant to this section	100455
shall explain to the respondent: the name,and professional	100456
designation, and ~~agency~~ affiliation of the person taking the	100457
respondent into custody; that the custody-taking is not a criminal	100458
arrest; and that the person is being taken for examination by	100459
mental health professionals at a specified mental health facility	100460
identified by name.	100461

If a person taken into custody under this section is	100462
transported to a general hospital, the general hospital may admit	100463
the person, or provide care and treatment for the person, or both,	100464
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	100465
by the end of twenty-four hours after arrival at the general	100466
hospital, the person shall be transferred to a hospital as defined	100467
in section 5122.01 of the Revised Code.	100468

A person transported or transferred to a hospital or	100469
community mental health ~~agency~~services provider under this	100470
section shall be examined by the staff of the hospital or ~~agency~~	100471
services provider within twenty-four hours after arrival at the	100472
hospital or ~~agency~~services provider. If to conduct the	100473
examination requires that the person remain overnight, the	100474
hospital or ~~agency~~services provider shall admit the person in an	100475
unclassified status until making a disposition under this section.	100476
After the examination, if the chief clinical officer of the	100477
hospital or ~~agency~~services provider believes that the person is	100478
not a mentally ill person subject to hospitalization by court	100479
order, the chief clinical officer shall release or discharge the	100480
person immediately unless a court has issued a temporary order of	100481
detention applicable to the person under section 5122.11 of the	100482
Revised Code. After the examination, if the chief clinical officer	100483
believes that the person is a mentally ill person subject to	100484
hospitalization by court order, the chief clinical officer may	100485
detain the person for not more than three court days following the	100486
day of the examination and during such period admit the person as	100487
a voluntary patient under section 5122.02 of the Revised Code or	100488
file an affidavit under section 5122.11 of the Revised Code. If	100489
neither action is taken and a court has not otherwise issued a	100490
temporary order of detention applicable to the person under	100491
section 5122.11 of the Revised Code, the chief clinical officer	100492
shall discharge the person at the end of the three-day period	100493
unless the person has been sentenced to the department of	100494
rehabilitation and correction and has not been released from the	100495
person's sentence, in which case the person shall be returned to	100496
that department.	100497

Sec. 5122.11. Proceedings for the hospitalization of a	100498
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	100499
shall be commenced by the filing of an affidavit in the manner and	100500
form prescribed by the department of ~~mental health~~mental health	100501
and addiction services, by any person or persons with the court,	100502
either on reliable information or actual knowledge, whichever is	100503
determined to be proper by the court. This section does not apply	100504
to the hospitalization of a person pursuant to section 2945.39,	100505
2945.40, 2945.401, or 2945.402 of the Revised Code.	100506

The affidavit shall contain an allegation setting forth the	100507
specific category or categories under division (B) of section	100508
5122.01 of the Revised Code upon which the jurisdiction of the	100509
court is based and a statement of alleged facts sufficient to	100510
indicate probable cause to believe that the person is a mentally	100511
ill person subject to hospitalization by court order. The	100512
affidavit may be accompanied, or the court may require that the	100513
affidavit be accompanied, by a certificate of a psychiatrist, or a	100514
certificate signed by a licensed clinical psychologist and a	100515
certificate signed by a licensed physician stating that the person	100516
who issued the certificate has examined the person and is of the	100517
opinion that the person is a mentally ill person subject to	100518
hospitalization by court order, or shall be accompanied by a	100519
written statement by the applicant, under oath, that the person	100520
has refused to submit to an examination by a psychiatrist, or by a	100521
licensed clinical psychologist and licensed physician.	100522

Upon receipt of the affidavit, if a judge of the court or a	100523
referee who is an attorney at law appointed by the court has	100524
probable cause to believe that the person named in the affidavit	100525
is a mentally ill person subject to hospitalization by court	100526
order, the judge or referee may issue a temporary order of	100527
detention ordering any health or police officer or sheriff to take	100528
into custody and transport the person to a hospital or other place	100529
designated in section 5122.17 of the Revised Code, or may set the	100530
matter for further hearing.	100531

The person may be observed and treated until the hearing	100532
provided for in section 5122.141 of the Revised Code. If no such	100533
hearing is held, the person may be observed and treated until the	100534
hearing provided for in section 5122.15 of the Revised Code.	100535

Sec. 5122.12. After receipt of the affidavit required by	100536
section 5122.11 of the Revised Code, the court shall cause written	100537
notice by mail or otherwise of any hearing as the court directs to	100538
be given to the following persons:	100539

(A) The respondent;

100540

(B) The respondent's legal guardian, if any, the respondent's	100541
spouse, if any, and the respondent's parents, if the respondent is	100542
a minor, if these persons' addresses are known to the court or can	100543
be obtained through exercise of reasonable diligence;	100544

100545

(D) Any one person designated by the respondent; but if the	100546
respondent does not make a selection, the notice shall be sent to	100547
the adult next of kin other than the person who filed the	100548
affidavit if that person's address is known to the court or can be	100549
obtained through exercise of reasonable diligence;	100550

(E) The respondent's counsel;

100551

(F) The director, chief clinical officer, or the respective	100552
designee of the hospital, board, ~~agency~~community mental health	100553
services provider, or facility to which the person has been	100554
committed;	100555

(G) The board of alcohol, drug addiction, and mental health	100556
services serving the respondent's county of residence or ~~an agency~~	100557
a services provider the board designates.	100558

Any person entitled to notice under this section, with the	100559
exception of the respondent, may waive the notice.	100560

A copy of the affidavit and temporary order of detention	100561
shall be served with the notice to the parties and to respondent's	100562
counsel, if counsel has been appointed or retained.	100563

Sec. 5122.13. Upon receipt of the affidavit required by	100564
section 5122.11 of the Revised Code, the court shall refer the	100565
affidavit to the board of alcohol, drug addiction, and mental	100566
health services or ~~an agency~~community mental health services	100567
provider the board designates to assist the court in determining	100568
whether the respondent is subject to hospitalization and whether	100569
alternative services are available, unless the ~~agency~~services	100570
provider or board has already performed such screening. The board	100571
or ~~agency~~services provider shall review the allegations of the	100572
affidavit and other information relating to whether or not the	100573
person named in the affidavit or statement is a mentally ill	100574
person subject to hospitalization by court order, and the	100575
availability of appropriate treatment alternatives.	100576

The person who conducts the investigation shall promptly make	100577
a report to the court, in writing, in open court or in chambers,	100578
as directed by the court and a full record of the report shall be	100579
made by the court. The report is not admissible as evidence for	100580
the purpose of establishing whether or not the respondent is a	100581
mentally ill person subject to hospitalization by court order, but	100582
shall be considered by the court in its determination of an	100583
appropriate placement for any person after that person is found to	100584
be a mentally ill person subject to hospitalization.	100585

The court, prior to the hearing under section 5122.141 of the	100586
Revised Code, shall release a copy of the investigative report to	100587
the respondent's counsel.	100588

Nothing in this section precludes a judge or referee from	100589
issuing a temporary order of detention pursuant to section 5122.11	100590
of the Revised Code.	100591

Sec. 5122.15. (A) Full hearings shall be conducted in a	100592
manner consistent with this chapter and with due process of law.	100593
The hearings shall be conducted by a judge of the probate court or	100594
a referee designated by a judge of the probate court and may be	100595
conducted in or out of the county in which the respondent is held.	100596
Any referee designated under this division shall be an attorney.	100597

(1) With the consent of the respondent, the following shall	100598
be made available to counsel for the respondent:	100599

(a) All relevant documents, information, and evidence in the	100600
custody or control of the state or prosecutor;	100601

(b) All relevant documents, information, and evidence in the	100602
custody or control of the hospital in which the respondent	100603
currently is held, or in which the respondent has been held	100604
pursuant to this chapter;	100605

(c) All relevant documents, information, and evidence in the	100606
custody or control of any hospital, facility, or person not	100607
included in division (A)(1)(a) or (b) of this section.	100608

(2) The respondent has the right to attend the hearing and to	100609
be represented by counsel of the respondent's choice. The right to	100610
attend the hearing may be waived only by the respondent or counsel	100611
for the respondent after consultation with the respondent.	100612

(3) If the respondent is not represented by counsel, is	100613
absent from the hearing, and has not validly waived the right to	100614
counsel, the court shall appoint counsel immediately to represent	100615
the respondent at the hearing, reserving the right to tax costs of	100616
appointed counsel to the respondent, unless it is shown that the	100617
respondent is indigent. If the court appoints counsel, or if the	100618
court determines that the evidence relevant to the respondent's	100619
absence does not justify the absence, the court shall continue the	100620
case.	100621

(4) The respondent shall be informed that the respondent may	100622
retain counsel and have independent expert evaluation. If the	100623
respondent is unable to obtain an attorney, the respondent shall	100624
be represented by court-appointed counsel. If the respondent is	100625
indigent, court-appointed counsel and independent expert	100626
evaluation shall be provided as an expense under section 5122.43	100627
of the Revised Code.	100628

(5) The hearing shall be closed to the public, unless counsel	100629
for the respondent, with the permission of the respondent,	100630
requests that the hearing be open to the public.	100631

(6) If the hearing is closed to the public, the court, for	100632
good cause shown, may admit persons who have a legitimate interest	100633
in the proceedings. If the respondent, the respondent's counsel,	100634
or the designee of the director or of the chief clinical officer	100635
objects to the admission of any person, the court shall hear the	100636
objection and any opposing argument and shall rule upon the	100637
admission of the person to the hearing.	100638

(7) The affiant under section 5122.11 of the Revised Code	100639
shall be subject to subpoena by either party.	100640

(8) The court shall examine the sufficiency of all documents	100641
filed and shall inform the respondent, if present, and the	100642
respondent's counsel of the nature and content of the documents	100643
and the reason for which the respondent is being detained, or for	100644
which the respondent's placement is being sought.	100645

(9) The court shall receive only reliable, competent, and	100646
material evidence.	100647

(10) Unless proceedings are initiated pursuant to section	100648
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	100649
~~initiated regarding a resident of the service district of a board~~	100650
~~of alcohol, drug addiction, and mental health services that elects~~	100651
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	100652
~~to accept the amount allocated to it under that section~~, an	100653
attorney that the board designates shall present the case	100654
demonstrating that the respondent is a mentally ill person subject	100655
to hospitalization by court order. The attorney shall offer	100656
evidence of the diagnosis, prognosis, record of treatment, if any,	100657
and less restrictive treatment plans, if any. In proceedings	100658
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	100659
~~proceedings in which the respondent is a resident of a service~~	100660
~~district of a board that elects under division (C)(2) of section~~	100661
~~5119.62 of the Revised Code not to accept the amount allocated to~~	100662
~~it under that section~~, the attorney general shall designate an	100663
attorney who shall present the case demonstrating that the	100664
respondent is a mentally ill person subject to hospitalization by	100665
court order. The attorney shall offer evidence of the diagnosis,	100666
prognosis, record of treatment, if any, and less restrictive	100667
treatment plans, if any.	100668

(11) The respondent or the respondent's counsel has the right	100669
to subpoena witnesses and documents and to examine and	100670
cross-examine witnesses.	100671

(12) The respondent has the right, but shall not be	100672
compelled, to testify, and shall be so advised by the court.	100673

(13) On motion of the respondent or the respondent's counsel	100674
for good cause shown, or on the court's own motion, the court may	100675
order a continuance of the hearing.	100676

(14) If the respondent is represented by counsel and the	100677
respondent's counsel requests a transcript and record, or if the	100678
respondent is not represented by counsel, the court shall make and	100679
maintain a full transcript and record of the proceeding. If the	100680
respondent is indigent and the transcript and record is made, a	100681
copy shall be provided to the respondent upon request and be	100682
treated as an expense under section 5122.43 of the Revised Code.	100683

(15) To the extent not inconsistent with this chapter, the	100684
Rules of Civil Procedure are applicable.	100685

(B) Unless, upon completion of the hearing the court finds by	100686
clear and convincing evidence that the respondent is a mentally	100687
ill person subject to hospitalization by court order, it shall	100688
order the respondent's discharge immediately.	100689

(C) If, upon completion of the hearing, the court finds by	100690
clear and convincing evidence that the respondent is a mentally	100691
ill person subject to hospitalization by court order, the court	100692
shall order the respondent for a period not to exceed ninety days	100693
to any of the following:	100694

(1) A hospital operated by the department of ~~mental health~~	100695
mental health and addiction services if the respondent is	100696
committed pursuant to section 5139.08 of the Revised Code;	100697

(2) A nonpublic hospital;

100698

(3) The veterans' administration or other agency of the	100699
United States government;	100700

(4) A board of alcohol, drug addiction, and mental health	100701
services or ~~agency~~services provider the board designates;	100702

(5) Receive private psychiatric or psychological care and	100703
treatment;	100704

(6) Any other suitable facility or person consistent with the	100705
diagnosis, prognosis, and treatment needs of the respondent.	100706

(D) Any order made pursuant to division (C)(2), (3), (5), or	100707
(6) of this section shall be conditioned upon the receipt by the	100708
court of consent by the hospital, facility, agency, or person to	100709
accept the respondent.	100710

(E) In determining the place to which, or the person with	100711
whom, the respondent is to be committed, the court shall consider	100712
the diagnosis, prognosis, preferences of the respondent and the	100713
projected treatment plan for the respondent and shall order the	100714
implementation of the least restrictive alternative available and	100715
consistent with treatment goals. If the court determines that the	100716
least restrictive alternative available that is consistent with	100717
treatment goals is inpatient hospitalization, the court's order	100718
shall so state.	100719

(F) During such ninety-day period the hospital; facility;	100720
board of alcohol, drug addiction, and mental health services;	100721
~~agency~~services provider the board designates; or person shall	100722
examine and treat the individual. If, at any time prior to the	100723
expiration of the ninety-day period, it is determined by the	100724
hospital, facility, board, ~~agency~~services provider, or person	100725
that the respondent's treatment needs could be equally well met in	100726
an available and appropriate less restrictive environment, both of	100727
the following apply:	100728

(1) The respondent shall be released from the care of the	100729
hospital, ~~agency~~services provider, facility, or person	100730
immediately and shall be referred to the court together with a	100731
report of the findings and recommendations of the hospital, ~~agency~~	100732
services provider, facility, or person; and	100733

(2) The hospital, ~~agency~~services provider, facility, or	100734
person shall notify the respondent's counsel or the attorney	100735
designated by a board of alcohol, drug addiction, and mental	100736
health services or, if the respondent was committed to a board or	100737
~~an agency~~a services provider designated by the board, it shall	100738
place the respondent in the least restrictive environment	100739
available consistent with treatment goals and notify the court and	100740
the respondent's counsel of the placement.	100741

The court shall dismiss the case or order placement in the	100742
least restrictive environment.	100743

(G)(1) Except as provided in divisions (G)(2) and (3) of this	100744
section, any person who has been committed under this section, or	100745
for whom proceedings for hospitalization have been commenced	100746
pursuant to section 5122.11 of the Revised Code, may apply at any	100747
time for voluntary admission to the hospital, facility, ~~agency~~or	100748
services provider that the board designates, or person to which	100749
the person was committed. Upon admission as a voluntary patient	100750
the chief clinical officer of the hospital, ~~agency~~services	100751
provider, or other facility, or the person immediately shall	100752
notify the court, the patient's counsel, and the attorney	100753
designated by the board, if the attorney has entered the	100754
proceedings, in writing of that fact, and, upon receipt of the	100755
notice, the court shall dismiss the case.	100756

(2) A person who is found incompetent to stand trial or not	100757
guilty by reason of insanity and who is committed pursuant to	100758
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	100759
Code shall not voluntarily commit the person pursuant to this	100760
section until after the final termination of the commitment, as	100761
described in division (J) of section 2945.401 of the Revised Code.	100762

(H) If, at the end of the first ninety-day period or any	100763
subsequent period of continued commitment, there has been no	100764
disposition of the case, either by discharge or voluntary	100765
admission, the hospital, facility, board, ~~agency~~services	100766
provider, or person shall discharge the patient immediately,	100767
unless at least ten days before the expiration of the period the	100768
attorney the board designates or the prosecutor files with the	100769
court an application for continued commitment. The application of	100770
the attorney or the prosecutor shall include a written report	100771
containing the diagnosis, prognosis, past treatment, a list of	100772
alternative treatment settings and plans, and identification of	100773
the treatment setting that is the least restrictive consistent	100774
with treatment needs. The attorney the board designates or the	100775
prosecutor shall file the written report at least three days prior	100776
to the full hearing. A copy of the application and written report	100777
shall be provided to the respondent's counsel immediately.	100778

The court shall hold a full hearing on applications for	100779
continued commitment at the expiration of the first ninety-day	100780
period and at least every two years after the expiration of the	100781
first ninety-day period.	100782

Hearings following any application for continued commitment	100783
are mandatory and may not be waived.	100784

Upon request of a person who is involuntarily committed under	100785
this section, or the person's counsel, that is made more than one	100786
hundred eighty days after the person's last full hearing,	100787
mandatory or requested, the court shall hold a full hearing on the	100788
person's continued commitment. Upon the application of a person	100789
involuntarily committed under this section, supported by an	100790
affidavit of a psychiatrist or licensed clinical psychologist,	100791
alleging that the person no longer is a mentally ill person	100792
subject to hospitalization by court order, the court for good	100793
cause shown may hold a full hearing on the person's continued	100794
commitment prior to the expiration of one hundred eighty days	100795
after the person's last full hearing. Section 5122.12 of the	100796
Revised Code applies to all hearings on continued commitment.	100797

If the court, after a hearing for continued commitment finds	100798
by clear and convincing evidence that the respondent is a mentally	100799
ill person subject to hospitalization by court order, the court	100800
may order continued commitment at places specified in division (C)	100801
of this section.	100802

(I) Unless the admission is pursuant to section 5120.17 or	100803
5139.08 of the Revised Code, the chief clinical officer of the	100804
hospital or ~~agency~~services provider admitting a respondent	100805
pursuant to a judicial proceeding, within ten working days of the	100806
admission, shall make a report of the admission to the board of	100807
alcohol, drug addiction, and mental health services serving the	100808
respondent's county of residence.	100809

(J) A referee appointed by the court may make all orders that	100810
a judge may make under this section and sections 5122.11 and	100811
5122.141 of the Revised Code, except an order of contempt of	100812
court. The orders of a referee take effect immediately. Within	100813
fourteen days of the making of an order by a referee, a party may	100814
file written objections to the order with the court. The filed	100815
objections shall be considered a motion, shall be specific, and	100816
shall state their grounds with particularity. Within ten days of	100817
the filing of the objections, a judge of the court shall hold a	100818
hearing on the objections and may hear and consider any testimony	100819
or other evidence relating to the respondent's mental condition.	100820
At the conclusion of the hearing, the judge may ratify, rescind,	100821
or modify the referee's order.	100822

(K) An order of the court under division (C), (H), or (J) of	100823
this section is a final order.	100824

(L) Before a board, or ~~an agency~~a services provider the	100825
board designates, may place an unconsenting respondent in an	100826
inpatient setting from a less restrictive placement, the board or	100827
~~agency~~services provider shall do all of the following:	100828

(1) Determine that the respondent is in immediate need of	100829
treatment in an inpatient setting because the respondent	100830
represents a substantial risk of physical harm to the respondent	100831
or others if allowed to remain in a less restrictive setting;	100832

(2) On the day of placement in the inpatient setting or on	100833
the next court day, file with the court a motion for transfer to	100834
an inpatient setting or communicate to the court by telephone that	100835
the required motion has been mailed;	100836

(3) Ensure that every reasonable and appropriate effort is	100837
made to take the respondent to the inpatient setting in the least	100838
conspicuous manner possible;	100839

(4) Immediately notify the board's designated attorney and	100840
the respondent's attorney.	100841

At the respondent's request, the court shall hold a hearing	100842
on the motion and make a determination pursuant to division (E) of	100843
this section within five days of the placement.	100844

(M) Before a board, or ~~an agency~~a services provider the	100845
board designates, may move a respondent from one residential	100846
placement to another, the board or ~~agency~~services provider shall	100847
consult with the respondent about the placement. If the respondent	100848
objects to the placement, the proposed placement and the need for	100849
it shall be reviewed by a qualified mental health professional who	100850
otherwise is not involved in the treatment of the respondent.	100851

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	100852
taken into custody or ordered to be hospitalized pursuant to this	100853
chapter may be detained for not more than forty-eight hours in a	100854
licensed rest or nursing home, a licensed or unlicensed hospital,	100855
a community mental health ~~agency~~services provider, or a county	100856
home, but hethe person shall not be detained in a nonmedical	100857
facility used for detention of persons charged with or convicted	100858
of penal offenses unless the court finds that a less restrictive	100859
alternative cannot be made available.	100860

Sec. 5122.18. Whenever a person has been involuntarily	100861
detained at or admitted to a hospital, community mental health	100862
~~agency~~services provider, or other facility at the request of	100863
anyone other than the person's legal guardian, spouse, or next of	100864
kin under this chapter, the chief clinical officer of the	100865
hospital, ~~agency~~services provider, or other facility in which the	100866
person is temporarily detained under section 5122.17 of the	100867
Revised Code shall immediately notify the person's legal guardian,	100868
spouse or next of kin, and counsel, if these persons can be	100869
ascertained through exercise of reasonable diligence. If a person	100870
voluntarily remains at or is admitted to a hospital, ~~agency~~	100871
services provider, or other facility, such notification shall not	100872
be given without ~~his~~the person's consent. The chief clinical	100873
officer of the hospital, ~~agency~~services provider, or other	100874
facility shall inform a person voluntarily remaining at or	100875
admitted to a hospital, ~~agency~~services provider, or other	100876
facility that hethe person may authorize such notification.	100877

Sec. 5122.19. Every person transported to a hospital or	100878
community mental health ~~agency~~services provider pursuant to	100879
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	100880
by the staff of the hospital or ~~agency~~services provider as soon	100881
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	100882
services provider. Such an examination shall be held within	100883
twenty-four hours after the time of arrival, and if the chief	100884
clinical officer fails after such an examination to certify that	100885
in ~~his~~the chief clinical officer's opinion the person is a	100886
mentally ill person subject to hospitalization by court order, the	100887
person shall be immediately released.	100888

Sec. 5122.20. The director of ~~mental health~~mental health	100889
and addiction services or the director's designee may transfer, or	100890
authorize the transfer of, an involuntary patient, or a consenting	100891
voluntary patient hospitalized pursuant to section 5122.02 or	100892
sections 5122.11 to 5122.15 of the Revised Code, from one public	100893
hospital to another, or to a hospital, community mental health	100894
~~agency~~services provider, or other facility offering treatment or	100895
other services for mental illness, if the medical director of the	100896
department of ~~mental health~~mental health and addiction services	100897
determines that it would be consistent with the medical needs of	100898
the patient to do so. If such a transfer is made to a private	100899
facility, the transfer shall be conditioned upon the consent of	100900
the facility.	100901

Before an involuntary patient may be transferred to a more	100902
restrictive setting, the chief clinical officer shall file a	100903
motion with the court requesting the court to amend its order of	100904
placement issued under section 5122.15 of the Revised Code. At the	100905
patient's request, the court shall hold a hearing on the motion at	100906
which the patient has the same rights as at a full hearing under	100907
section 5122.15 of the Revised Code. The hearing shall be held	100908
within ten days after the date on which the respondent was	100909
transferred to the more restrictive setting or on which the motion	100910
was filed, whichever is earlier. On the motion of the respondent,	100911
the respondent's counsel, or the chief clinical officer, or on its	100912
own motion, and for good cause shown, the court may order a	100913
continuance of the hearing for up to ten days.	100914

Whenever an involuntary patient is transferred, written	100915
notice of the transfer shall be given to the patient's legal	100916
guardian, parents, spouse, and counsel, or, if none is known, to	100917
the patient's nearest known relative or friend. If the patient is	100918
a minor, the department, before making such a transfer, shall make	100919
a minute of the order for the transfer and the reason for it upon	100920
its record and shall send a certified copy at least seven days	100921
prior to the transfer to the person shown by its record to have	100922
had the care or custody of the minor immediately prior to the	100923
minor's commitment. Whenever a consenting voluntary patient is	100924
transferred, the notification shall be given only at the patient's	100925
request. The chief clinical officer shall advise a voluntary	100926
patient who is being transferred that the patient may decide if	100927
the notification shall be given. In all such transfers, due	100928
consideration shall be given to the wishes of the patient, and the	100929
relationship of the patient to the patient's family, legal	100930
guardian, or friends, so as to maintain the relationship and	100931
encourage visits beneficial to the patient.	100932

When a voluntary patient whose medical or psychological needs	100933
are found by the chief clinical officer to warrant a transfer	100934
refuses to be transferred to an alternate facility, the chief	100935
clinical officer may file an affidavit for a hearing under section	100936
5122.11 of the Revised Code.	100937

Sec. 5122.21. (A) The chief clinical officer shall as	100938
frequently as practicable, and at least once every thirty days,	100939
examine or cause to be examined every patient, and, whenever the	100940
chief clinical officer determines that the conditions justifying	100941
involuntary hospitalization or commitment no longer obtain, shall	100942
discharge the patient not under indictment or conviction for crime	100943
and immediately make a report of the discharge to the department	100944
of ~~mental health~~mental health and addiction services. The chief	100945
clinical officer may discharge a patient who is under an	100946
indictment, a sentence of imprisonment, a community control	100947
sanction, or a post-release control sanction or on parole ten days	100948
after written notice of intent to discharge the patient has been	100949
given by personal service or certified mail, return receipt	100950
requested, to the court having criminal jurisdiction over the	100951
patient. Except when the patient was found not guilty by reason of	100952
insanity and the defendant's commitment is pursuant to section	100953
2945.40 of the Revised Code, the chief clinical officer has final	100954
authority to discharge a patient who is under an indictment, a	100955
sentence of imprisonment, a community control sanction, or a	100956
post-release control sanction or on parole.	100957

(B) After a finding pursuant to section 5122.15 of the	100958
Revised Code that a person is a mentally ill person subject to	100959
hospitalization by court order, the chief clinical officer of the	100960
hospital or ~~agency~~community mental health services provider to	100961
which the person is ordered or to which the person is transferred	100962
under section 5122.20 of the Revised Code, may grant a discharge	100963
without the consent or authorization of any court.	100964

Upon discharge, the chief clinical officer shall notify the	100965
court that caused the judicial hospitalization of the discharge	100966
from the hospital.	100967

Sec. 5122.23. The chief clinical officer of a public	100968
hospital shall immediately report to the department of ~~mental~~	100969
~~health~~mental health and addiction services and the board of	100970
alcohol, drug addiction, and mental health services serving the	100971
patient's county of residence the removal, death, escape,	100972
discharge, or trial visit of any patient hospitalized under	100973
section 5122.15 of the Revised Code, or the return of such an	100974
escaped or visiting patient to the department, the probate judge	100975
of the county from which such patient was hospitalized, and the	100976
probate judge of the county of residence of such patient. In case	100977
of death, the chief clinical officer also shall notify one or more	100978
of the nearest relatives of the deceased patient, if known to ~~him~~	100979
the chief clinical officer, by letter, telegram, or telephone. If	100980
the place of residence of such relative is unknown to the chief	100981
clinical officer, immediately upon receiving notification the	100982
probate judge shall in the speediest manner possible notify such	100983
relatives, if known to ~~him~~the probate judge.	100984

The chief clinical officer of a public hospital, upon the	100985
request of the probate judge of the county from which a patient	100986
was hospitalized or the probate judge of the county of residence	100987
of such a patient, shall make a report to the judge of the	100988
condition of any patient under the care, treatment, custody, or	100989
control of the chief clinical officer.	100990

Sec. 5122.25. Upon the request of a hospital, person, board,	100991
~~agency~~community mental health services provider, or facility who	100992
has custody of a patient hospitalized pursuant to section 5122.15	100993
of the Revised Code, or on the order of the court, such patient	100994
may be called for a rehearing at such place within the county of	100995
~~his~~the patient's residence or the county where such patient is	100996
hospitalized as the court designates. The hearing shall be	100997
conducted pursuant to section 5122.15 of the Revised Code.	100998

Sec. 5122.26. (A) If a patient is absent without leave, on a	100999
verbal or written order issued within five days of the time of the	101000
unauthorized absence by the department of ~~mental health~~mental	101001
health and addiction services, the chief clinical officer of the	101002
hospital from which the patient is absent without leave, or the	101003
court of either the county from which the patient was committed or	101004
in which the patient is found, any health or police officer or	101005
sheriff may take the patient into custody and transport the	101006
patient to the hospital in which the patient was hospitalized or	101007
to a place that is designated in the order. The officer	101008
immediately shall report such fact to the ~~agency~~entity that	101009
issued the order.	101010

The chief clinical officer of a hospital may discharge a	101011
patient who is under an indictment, a sentence of imprisonment, a	101012
community control sanction, or a post-release control sanction or	101013
on parole and who has been absent without leave for more than	101014
thirty days but shall give written notice of the discharge to the	101015
court with criminal jurisdiction over the patient. The chief	101016
clinical officer of a hospital may discharge any other patient who	101017
has been absent without leave for more than fourteen days.	101018

The chief clinical officer shall take all proper measures for	101019
the apprehension of an escaped patient. The expense of the return	101020
of an escaped patient shall be borne by the hospital where the	101021
patient is hospitalized.	101022

(B)(1) Subject to division (B)(2) of this section, no patient	101023
hospitalized under Chapter 5122. of the Revised Code whose absence	101024
without leave was caused or contributed to by the patient's mental	101025
illness shall be subject to a charge of escape.	101026

(2) Division (B)(1) of this section does not apply to any	101027
person who was hospitalized, institutionalized, or confined in a	101028
facility under an order made pursuant to or under authority of	101029
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	101030
2945.402 of the Revised Code and who escapes from the facility,	101031
from confinement in a vehicle for transportation to or from the	101032
facility, or from supervision by an employee of the facility that	101033
is incidental to hospitalization, institutionalization, or	101034
confinement in the facility and that occurs outside the facility,	101035
in violation of section 2921.34 of the Revised Code.	101036

Sec. 5122.27. The chief clinical officer of the hospital or	101037
the chief clinical officer's designee shall assure that all	101038
patients hospitalized or committed pursuant to this chapter shall:	101039

(A) Receive, within twenty days of their admission sufficient	101040
professional care to assure that an evaluation of current status,	101041
differential diagnosis, probable prognosis, and description of the	101042
current treatment plan is stated on the official chart;	101043

(B) Have a written treatment plan consistent with the	101044
evaluation, diagnosis, prognosis, and goals which shall be	101045
provided, upon request of the patient or patient's counsel, to the	101046
patient's counsel and to any private physician or licensed	101047
clinical psychologist designated by the patient or the patient's	101048
counsel or to the Ohio protection and advocacy system;	101049

(C) Receive treatment consistent with the treatment plan. The	101050
department of ~~mental health~~mental health and addiction services	101051
shall set standards for treatment provided to such patients,	101052
consistent wherever possible with standards set by the joint	101053
commission ~~on accreditation of healthcare organizations~~.	101054

(D) Receive periodic reevaluations of the treatment plan by	101055
the professional staff at intervals not to exceed ninety days;	101056

(E) Be provided with adequate medical treatment for physical	101057
disease or injury;	101058

(F) Receive humane care and treatment, including without	101059
limitation, the following:	101060

(1) The least restrictive environment consistent with the	101061
treatment plan;	101062

(2) The necessary facilities and personnel required by the	101063
treatment plan;	101064

(3) A humane psychological and physical environment;

101065

(4) The right to obtain current information concerning the	101066
patient's treatment program and expectations in terms that the	101067
patient can reasonably understand;	101068

(5) Participation in programs designed to afford the patient	101069
substantial opportunity to acquire skills to facilitate return to	101070
the community or to terminate an involuntary commitment;	101071

(6) The right to be free from unnecessary or excessive	101072
medication;	101073

(7) Freedom from restraints or isolation unless it is stated	101074
in a written order by the chief clinical officer or the chief	101075
clinical officer's designee, or the patient's individual physician	101076
or psychologist in a private or general hospital.	101077

If the chief clinical officer of the hospital is unable to	101078
provide the treatment required by divisions (C), (E), and (F) of	101079
this section for any patient hospitalized pursuant to Chapter	101080
5122. of the Revised Code, the chief clinical officer shall	101081
immediately notify the patient, the court, the Ohio protection and	101082
advocacy system, the director of ~~mental health~~mental health and	101083
addiction services, and the patient's counsel and legal guardian,	101084
if known. If within ten days after receipt of such notification by	101085
the director, the director is unable to effect a transfer of the	101086
patient, pursuant to section 5122.20 of the Revised Code, to a	101087
hospital, community mental health ~~agency~~services provider, or	101088
other medical facility where treatment is available, or has not	101089
received an order of the court to the contrary, the involuntary	101090
commitment of any patient hospitalized pursuant to Chapter 5122.	101091
of the Revised Code and defined as a mentally ill person subject	101092
to hospitalization by court order under division (B)(4) of section	101093
5122.01 of the Revised Code shall automatically be terminated.	101094

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	101095
and (E) of this section, the chief clinical officer or, in a	101096
nonpublic hospital, the attending physician responsible for a	101097
patient's care shall provide all information, including expected	101098
physical and medical consequences, necessary to enable any patient	101099
of a hospital for the mentally ill to give a fully informed,	101100
intelligent, and knowing consent, the opportunity to consult with	101101
independent specialists and counsel, and the right to refuse	101102
consent for any of the following:	101103

(1) Surgery;

101104

(2) Convulsive therapy;

101105

(3) Major aversive interventions;

101106

(4) Sterilizations;

101107

(5) Any unusually hazardous treatment procedures;

101108

(6) Psycho-surgery.

101109

(B) No patient shall be subjected to any of the procedures	101110
listed in divisions (A)(4) to (6) of this section until both the	101111
patient's informed, intelligent, and knowing consent and the	101112
approval of the court have been obtained, except that court	101113
approval is not required for a legally competent and voluntary	101114
patient in a nonpublic hospital.	101115

(C) If, after providing the information required under	101116
division (A) of this section to the patient, the chief clinical	101117
officer or attending physician concludes that a patient is	101118
physically or mentally unable to receive the information required	101119
for surgery under division (A)(1) of this section, or has been	101120
adjudicated incompetent, the information may be provided to the	101121
patient's natural or court-appointed guardian, who may give an	101122
informed, intelligent, and knowing written consent.	101123

If a patient is physically or mentally unable to receive the	101124
information required for surgery under division (A)(1) of this	101125
section and has no guardian, the information, the recommendation	101126
of the chief clinical officer, and the concurring judgment of a	101127
licensed physician who is not a full-time employee of the state	101128
may be provided to the court in the county in which the hospital	101129
is located, which may approve the surgery. Before approving the	101130
surgery, the court shall notify the Ohio protection and advocacy	101131
system created by section 5123.60 of the Revised Code, and shall	101132
notify the patient of the rights to consult with counsel, to have	101133
counsel appointed by the court if the patient is indigent, and to	101134
contest the recommendation of the chief clinical officer.	101135

(D) If, in a medical emergency, and after providing the	101136
information required under division (A) of this section to the	101137
patient, it is the judgment of one licensed physician that delay	101138
in obtaining surgery would create a grave danger to the health of	101139
the patient, it may be administered without the consent of the	101140
patient or the patient's guardian if the necessary information is	101141
provided to the patient's spouse or next of kin to enable that	101142
person to give informed, intelligent, and knowing written consent.	101143
If no spouse or next of kin can reasonably be contacted, or if the	101144
spouse or next of kin is contacted, but refuses to consent, the	101145
surgery may be performed upon the written authorization of the	101146
chief clinical officer or, in a nonpublic hospital, upon the	101147
written authorization of the attending physician responsible for	101148
the patient's care, and after the approval of the court has been	101149
obtained. However, if delay in obtaining court approval would	101150
create a grave danger to the life of the patient, the chief	101151
clinical officer or, in a nonpublic hospital, the attending	101152
physician responsible for the patient's care may authorize	101153
surgery, in writing, without court approval. If the surgery is	101154
authorized without court approval, the chief clinical officer or	101155
the attending physician who made the authorization and the	101156
physician who performed the surgery shall each execute an	101157
affidavit describing the circumstances constituting the emergency	101158
and warranting the surgery and the circumstances warranting their	101159
not obtaining prior court approval. The affidavit shall be filed	101160
with the court with which the request for prior approval would	101161
have been filed within five court days after the surgery, and a	101162
copy of the affidavit shall be placed in the patient's file and be	101163
given to the guardian, spouse, or next of kin of the patient, to	101164
the hospital at which the surgery was performed, and to the Ohio	101165
protection and advocacy system as defined in section 5123.60 of	101166
the Revised Code.	101167

(E) Major aversive interventions shall not be used unless a	101168
patient continues to engage in behavior destructive to self or	101169
others after other forms of therapy have been attempted. Major	101170
aversive interventions may be applied if approved by the director	101171
of ~~mental health~~mental health and addiction services. Major	101172
aversive interventions shall not be applied to a voluntary patient	101173
without the informed, intelligent, and knowing written consent of	101174
the patient or the patient's guardian.	101175

(F) Unless there is substantial risk of physical harm to self	101176
or others, or other than under division (D) of this section, this	101177
chapter does not authorize any form of compulsory medical,	101178
psychological, or psychiatric treatment of any patient who is	101179
being treated by spiritual means through prayer alone in	101180
accordance with a recognized religious method of healing without	101181
specific court authorization.	101182

(G) For purposes of this section, "convulsive therapy" does	101183
not include defibrillation.	101184

Sec. 5122.31. (A) All certificates, applications, records,	101185
and reports made for the purpose of this chapter and sections	101186
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	101187
Code, other than court journal entries or court docket entries,	101188
and directly or indirectly identifying a patient or former patient	101189
or person whose hospitalization has been sought under this	101190
chapter, shall be kept confidential and shall not be disclosed by	101191
any person except:	101192

(1) If the person identified, or the person's legal guardian,	101193
if any, or if the person is a minor, the person's parent or legal	101194
guardian, consents, and if the disclosure is in the best interests	101195
of the person, as may be determined by the court for judicial	101196
records and by the chief clinical officer for medical records;	101197

(2) When disclosure is provided for in this chapter, Chapters	101198
340. or 5119., Title XLVII, or section 5123.601 of the Revised	101199
Code;	101200

(3) That hospitals, boards of alcohol, drug addiction, and	101201
mental health services, and community mental health ~~agencies~~	101202
services providers may release necessary medical information to	101203
insurers and other third-party payers, including government	101204
entities responsible for processing and authorizing payment, to	101205
obtain payment for goods and services furnished to the patient;	101206

(4) Pursuant to a court order signed by a judge;

101207

(5) That a patient shall be granted access to the patient's	101208
own psychiatric and medical records, unless access specifically is	101209
restricted in a patient's treatment plan for clear treatment	101210
reasons;	101211

(6) That hospitals and other institutions and facilities	101212
within the department of ~~mental health~~mental health and addiction	101213
services may exchange psychiatric records and other pertinent	101214
information with other hospitals, institutions, and facilities of	101215
the department, and with community mental health ~~agencies~~services	101216
providers and boards of alcohol, drug addiction, and mental health	101217
services with which the department has a current agreement for	101218
patient care or services. Records and information that may be	101219
released pursuant to this division shall be limited to medication	101220
history, physical health status and history, financial status,	101221
summary of course of treatment in the hospital, summary of	101222
treatment needs, and a discharge summary, if any.	101223

(7) That hospitals within the department,and other	101224
institutions and facilities within the department~~, hospitals~~	101225
~~licensed by the department under section 5119.20 of the Revised~~	101226
~~Code, and community mental health agencies~~ may exchange	101227
psychiatric records and other pertinent information with payers	101228
and other providers of treatment and health services if the	101229
purpose of the exchange is to facilitate continuity of care for a	101230
patient or for the emergency treatment of an individual;	101231

(8) That a patient's family member who is involved in the	101232
provision, planning, and monitoring of services to the patient may	101233
receive medication information, a summary of the patient's	101234
diagnosis and prognosis, and a list of the services and personnel	101235
available to assist the patient and the patient's family, if the	101236
patient's treating physician determines that the disclosure would	101237
be in the best interests of the patient. No such disclosure shall	101238
be made unless the patient is notified first and receives the	101239
information and does not object to the disclosure.	101240

(9) That community mental health ~~agencies~~services providers	101241
may exchange psychiatric records and certain other information	101242
with the board of alcohol, drug addiction, and mental health	101243
services and other ~~agencies~~services providers in order to	101244
provide services to a person involuntarily committed to a board.	101245
Release of records under this division shall be limited to	101246
medication history, physical health status and history, financial	101247
status, summary of course of treatment, summary of treatment	101248
needs, and discharge summary, if any.	101249

(10) That information may be disclosed to the executor or the	101250
administrator of an estate of a deceased patient when the	101251
information is necessary to administer the estate;	101252

(11) That records in the possession of the Ohio historical	101253
society may be released to the closest living relative of a	101254
deceased patient upon request of that relative;	101255

(12) ~~That information may be disclosed to staff members of~~	101256
~~the appropriate board or to staff members designated by the~~	101257
~~director of mental health for the purpose of evaluating the~~	101258
~~quality, effectiveness, and efficiency of services and determining~~	101259
~~if the services meet minimum standards. Information obtained~~	101260
~~during such evaluations shall not be retained with the name of any~~	101261
~~patient.~~	101262

~~(13)~~ That records pertaining to the patient's diagnosis,	101263
course of treatment, treatment needs, and prognosis shall be	101264
disclosed and released to the appropriate prosecuting attorney if	101265
the patient was committed pursuant to section 2945.38, 2945.39,	101266
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	101267
attorney designated by the board for proceedings pursuant to	101268
involuntary commitment under this chapter.	101269

~~(14)~~(13) That the department of ~~mental health~~mental health	101270
and addiction services may exchange psychiatric hospitalization	101271
records, other mental health treatment records, and other	101272
pertinent information with the department of rehabilitation and	101273
correction and with the department of youth services to ensure	101274
continuity of care for inmates or offenders who are receiving	101275
mental health services in an institution of the department of	101276
rehabilitation and correction or the department of youth services	101277
and may exchange psychiatric hospitalization records, other mental	101278
health treatment records, and other pertinent information with	101279
boards of alcohol, drug addiction, and mental health services and	101280
community mental health services providers to ensure continuity of	101281
care for inmates or offenders who are receiving mental health	101282
services in an institution and are scheduled for release within	101283
six months. The department shall not disclose those records unless	101284
the inmate or offender is notified, receives the information, and	101285
does not object to the disclosure. The release of records under	101286
this division is limited to records regarding an inmate's or	101287
offender's medication history, physical health status and history,	101288
summary of course of treatment, summary of treatment needs, and a	101289
discharge summary, if any.	101290

~~(15) That a community mental health agency that ceases to~~	101291
~~operate may transfer to either a community mental health agency~~	101292
~~that assumes its caseload or to the board of alcohol, drug~~	101293
~~addiction, and mental health services of the service district in~~	101294
~~which the patient resided at the time services were most recently~~	101295
~~provided any treatment records that have not been transferred~~	101296
~~elsewhere at the patient's request.~~	101297

(B) Before records are disclosed pursuant to divisions	101298
(A)(3), (6), and (9) of this section, the custodian of the records	101299
shall attempt to obtain the patient's consent for the disclosure.	101300
No person shall reveal the contents of a medical record of a	101301
patient except as authorized by law.	101302

(C) The managing officer of a hospital who releases necessary	101303
medical information under division (A)(3) of this section to allow	101304
an insurance carrier or other third party payor to comply with	101305
section 5121.43 of the Revised Code shall neither be subject to	101306
criminal nor civil liability.	101307

Sec. 5122.311. (A) Notwithstanding any provision of the	101308
Revised Code to the contrary, if, on or after ~~the effective date~~	101309
~~of this section~~April 8, 2004, an individual is found by a court	101310
to be a mentally ill person subject to hospitalization by court	101311
order or becomes an involuntary patient other than one who is a	101312
patient only for purposes of observation, the probate judge who	101313
made the adjudication or the chief clinical officer of the	101314
hospital, ~~agency~~community mental health services provider, or	101315
facility in which the person is an involuntary patient shall	101316
notify the bureau of criminal identification and investigation, on	101317
the form described in division (C) of this section, of the	101318
identity of the individual. The notification shall be transmitted	101319
by the judge or the chief clinical officer not later than seven	101320
days after the adjudication or commitment.	101321

(B) The bureau of criminal identification and investigation	101322
shall compile and maintain the notices it receives under division	101323
(A) of this section and shall use them for the purpose of	101324
conducting incompetency records checks pursuant to section 311.41	101325
of the Revised Code. The notices and the information they contain	101326
are confidential, except as provided in this division, and are not	101327
public records.	101328

(C) The attorney general, by rule adopted under Chapter 119.	101329
of the Revised Code, shall prescribe and make available to all	101330
probate judges and all chief clinical officers a form to be used	101331
by them for the purpose of making the notifications required by	101332
division (A) of this section.	101333

Sec. 5122.32. (A) As used in this section:

101334

(1) "Quality assurance committee" means a committee that is	101335
appointed in the central office of the department of ~~mental health~~	101336
mental health and addiction services by the director of ~~mental~~	101337
~~health~~mental health and addiction services, a committee of a	101338
hospital or community setting program, ~~a committee established~~	101339
~~pursuant to section 5119.47 of the Revised Code of the department~~	101340
~~of mental health appointed by the managing officer of the hospital~~	101341
~~or program,~~ or a duly authorized subcommittee of a committee of	101342
that nature and that is designated to carry out quality assurance	101343
program activities.	101344

(2) "Quality assurance program" means a comprehensive program	101345
within the department of ~~mental health~~mental health and addiction	101346
services to systematically review and improve the quality of	101347
medical and mental health services within the department and its	101348
hospitals and community setting programs, the safety and security	101349
of persons receiving medical and mental health services within the	101350
department and its hospitals and community setting programs, and	101351
the efficiency and effectiveness of the utilization of staff and	101352
resources in the delivery of medical and mental health services	101353
within the department and its hospitals and community setting	101354
programs. "Quality assurance program" includes the central office	101355
quality assurance committees, morbidity and mortality review	101356
committees, quality assurance programs of community setting	101357
programs, quality assurance committees of hospitals operated by	101358
the department of ~~mental health~~mental health and addiction	101359
services, and the office of licensure and certification of the	101360
department.	101361

(3) "Quality assurance program activities" include collecting	101362
or compiling information and reports required by a quality	101363
assurance committee, receiving, reviewing, or implementing the	101364
recommendations made by a quality assurance committee, and	101365
credentialing, privileging, infection control, tissue review, peer	101366
review, utilization review including access to patient care	101367
records, patient care assessment records, and medical and mental	101368
health records, medical and mental health resource management,	101369
mortality and morbidity review, and identification and prevention	101370
of medical or mental health incidents and risks, whether performed	101371
by a quality assurance committee or by persons who are directed by	101372
a quality assurance committee.	101373

(4) "Quality assurance records" means the proceedings,	101374
discussion, records, findings, recommendations, evaluations,	101375
opinions, minutes, reports, and other documents or actions that	101376
emanate from quality assurance committees, quality assurance	101377
programs, or quality assurance program activities. "Quality	101378
assurance records" does not include aggregate statistical	101379
information that does not disclose the identity of persons	101380
receiving or providing medical or mental health services in	101381
department of ~~mental health institutions~~mental health and	101382
addiction services hospitals or community setting programs .	101383

(B)(1) Except as provided in division (E) of this section,	101384
quality assurance records are confidential and are not public	101385
records under section 149.43 of the Revised Code, and shall be	101386
used only in the course of the proper functions of a quality	101387
assurance program.	101388

(2) Except as provided in division (E) of this section, no	101389
person who possesses or has access to quality assurance records	101390
and who knows that the records are quality assurance records shall	101391
willfully disclose the contents of the records to any person or	101392
entity.	101393

(C)(1) Except as provided in division (E) of this section, no	101394
quality assurance record shall be subject to discovery in, and is	101395
not admissible in evidence, in any judicial or administrative	101396
proceeding.	101397

(2) Except as provided in division (E) of this section, no	101398
member of a quality assurance committee or a person who is	101399
performing a function that is part of a quality assurance program	101400
shall be permitted or required to testify in a judicial or	101401
administrative proceeding with respect to quality assurance	101402
records or with respect to any finding, recommendation,	101403
evaluation, opinion, or other action taken by the committee,	101404
member, or person.	101405

(3) Information, documents, or records otherwise available	101406
from original sources are not to be construed as being unavailable	101407
for discovery or admission in evidence in a judicial or	101408
administrative proceeding merely because they were presented to a	101409
quality assurance committee. No person testifying before a quality	101410
assurance committee or person who is a member of a quality	101411
assurance committee shall be prevented from testifying as to	101412
matters within the person's knowledge, but the witness cannot be	101413
asked about the witness' testimony before the quality assurance	101414
committee or about an opinion formed by the person as a result of	101415
the quality assurance committee proceedings.	101416

(D)(1) A person who, without malice and in the reasonable	101417
belief that the information is warranted by the facts known to the	101418
person, provides information to a person engaged in quality	101419
assurance program activities is not liable for damages in a civil	101420
action for injury, death, or loss to person or property to any	101421
person as a result of providing the information.	101422

(2) A member of a quality assurance committee, a person	101423
engaged in quality assurance program activities, and an employee	101424
of the department of ~~mental health~~mental health and addiction	101425
services shall not be liable in damages in a civil action for	101426
injury, death, or loss to person or property to any person for any	101427
acts, omissions, decisions, or other conduct within the scope of	101428
the functions of the quality assurance program.	101429

(3) Nothing in this section shall relieve any institution or	101430
individual from liability arising from the treatment of a patient.	101431

(E) Quality assurance records may be disclosed, and testimony	101432
may be provided concerning quality assurance records, only to the	101433
following persons or entities:	101434

(1) Persons who are employed or retained by the department of	101435
~~mental health~~mental health and addiction services and who have	101436
authority to evaluate or implement the recommendations of a	101437
state-operated hospital, community setting program, or central	101438
office quality assurance committee;	101439

(2) Public or private agencies or organizations if needed to	101440
perform a licensing or accreditation function related to	101441
department of ~~mental health~~mental health and addiction services	101442
hospitals or community setting programs, or to perform monitoring	101443
of a hospital or program of that nature as required by law.	101444

(F) A disclosure of quality assurance records pursuant to	101445
division (E) of this section does not otherwise waive the	101446
confidential and privileged status of the disclosed quality	101447
assurance records.	101448

(G) Nothing in this section shall limit the access of the	101449
Ohio protection and advocacy system to records or personnel as	101450
required under section 5123.601 of the Revised Code. Nothing in	101451
this section shall limit the admissibility of documentary or	101452
testimonial evidence in an action brought by the Ohio protection	101453
and advocacy system in its own name or on behalf of a client.	101454

Sec. 5122.33. The department of ~~mental health~~mental health	101455
and addiction services may prescribe the form of applications,	101456
reports, records, and medical certificates provided for under this	101457
chapter, and the information required to be contained therein;	101458
require reports from the chief clinical officer of any public	101459
hospital relating to the admission, examination, diagnosis,	101460
release, or discharge of any patient; visit each such hospital	101461
regularly to review the admission procedures of all new patients	101462
admitted between visits; investigate by personal visit complaints	101463
made by any patient or by any person on behalf of a patient; and	101464
adopt such rules as are reasonably necessary to effectuate the	101465
provisions of this chapter.	101466

Sec. 5122.34. (A) Persons, including, but not limited to,	101467
boards of alcohol, drug addiction, and mental health services and	101468
community mental health ~~agencies~~services providers, acting in	101469
good faith, either upon actual knowledge or information thought by	101470
them to be reliable, who procedurally or physically assist in the	101471
hospitalization or discharge, determination of appropriate	101472
placement, or in judicial proceedings of a person under this	101473
chapter, do not come within any criminal provisions, and are free	101474
from any liability to the person hospitalized or to any other	101475
person.	101476

(B) Regardless of whether any affirmative action has been	101477
taken under this chapter with respect to a mental health client or	101478
patient and except as otherwise provided in section 2305.51 of the	101479
Revised Code, no person shall be liable for any harm that results	101480
to any other person as a result of failing to disclose any	101481
confidential information about the mental health client or	101482
patient, or failing to otherwise attempt to protect such other	101483
person from harm by such client or patient.	101484

(C) This section applies to expert witnesses who testify at	101485
hearings under this chapter.	101486

(D) The immunity from liability conferred by this section is	101487
in addition to and not in limitation of any immunity conferred by	101488
any other section of the Revised Code or by judicial precedent.	101489

Sec. 5122.341. (A) As used in this section:

101490

(1) "Facility or ~~agency~~provider" means, in the context of a	101491
person committed to the department of ~~mental health~~mental health	101492
and addiction services under sections 2945.37 to 2945.402 of the	101493
Revised Code, any entity in which the department of ~~mental health~~	101494
mental health and addiction services places such a person.	101495

(2) "Person committed to the department" means a person	101496
committed to the department of ~~mental health~~mental health and	101497
addiction services under sections 2945.37 to 2945.402 of the	101498
Revised Code.	101499

(B) No member of a board of directors, or employee, of a	101500
facility or ~~agency~~provider in which the department of ~~mental~~	101501
~~health~~mental health and addiction services places a person	101502
committed to the department is liable for injury or damages caused	101503
by any action or inaction taken within the scope of the board	101504
member's official duties or employee's employment relating to the	101505
commitment of, and services provided to, the person committed to	101506
the department, unless the action or inaction constitutes willful	101507
or wanton misconduct. A board member's or employee's action or	101508
inaction does not constitute willful or wanton misconduct if the	101509
board member or employee acted in good faith and reasonably under	101510
the circumstances and with the knowledge reasonably attributable	101511
to the board member or employee.	101512

The immunity from liability conferred by this section is in	101513
addition to and not in limitation of any immunity conferred by any	101514
other section of the Revised Code or by judicial precedent.	101515

Sec. 5122.39. (A) Mentally ill minors shall remain under the	101516
natural guardianship of their parents, notwithstanding	101517
hospitalization pursuant to this chapter, unless parental rights	101518
have been terminated pursuant to a court finding that the minor is	101519
neglected or dependent. Where a mentally ill minor is found to be	101520
dependent or neglected, the public children's services agency in	101521
the county of residence has final guardianship authority and	101522
responsibility.	101523

(B) In no case shall the guardianship of a mentally ill	101524
person be assigned to the chief medical officer or any staff	101525
member of a hospital, board, or ~~agency~~provider from which the	101526
person is receiving mental health services.	101527

Sec. 5122.43. (A) Costs, fees, and expenses of all	101528
proceedings held under this chapter shall be paid as follows:	101529

(1) To police and health officers, other than sheriffs or	101530
their deputies, the same fees allowed to constables, to be paid	101531
upon the approval of the probate judge;	101532

(2) To sheriffs or their deputies, the same fees allowed for	101533
similar services in the court of common pleas;	101534

(3) To physicians or licensed clinical psychologists acting	101535
as expert witnesses and to other expert witnesses designated by	101536
the court, an amount determined by the court;	101537

(4) To other witnesses, the same fees and mileage as for	101538
attendance at the court of common pleas, to be paid upon the	101539
approval of the probate judge;	101540

(5) To a person, other than the sheriff or the sheriff's	101541
deputies, for taking a mentally ill person to a hospital or	101542
removing a mentally ill person from a hospital, the actual	101543
necessary expenses incurred, specifically itemized, and approved	101544
by the probate judge;	101545

(6) To assistants who convey mentally ill persons to the	101546
hospital when authorized by the probate judge, a fee set by the	101547
probate court, provided the assistants are not drawing a salary	101548
from the state or any political subdivision of the state, and	101549
their actual necessary expenses incurred, provided that the	101550
expenses are specifically itemized and approved by the probate	101551
judge;	101552

(7) To an attorney appointed by the probate division for an	101553
indigent who allegedly is a mentally ill person pursuant to any	101554
section of this chapter, the fees that are determined by the	101555
probate division. When those indigent persons are before the	101556
court, all filing and recording fees shall be waived.	101557

(8) To a referee who is appointed to conduct proceedings	101558
under this chapter that involve a respondent whose domicile is or,	101559
before the respondent's hospitalization, was not the county in	101560
which the proceedings are held, compensation as fixed by the	101561
probate division, but not more than the compensation paid for	101562
similar proceedings for respondents whose domicile is in the	101563
county in which the proceedings are held;	101564

(9) To a court reporter appointed to make a transcript of	101565
proceedings under this chapter, the compensation and fees allowed	101566
in other cases under section 2101.08 of the Revised Code.	101567

(B) A county shall pay for the costs, fees, and expenses	101568
described in division (A) of this section with money appropriated	101569
pursuant to section 2101.11 of the Revised Code. A county may seek	101570
reimbursement from the department of ~~mental health~~mental health	101571
and addiction services by submitting a request and certification	101572
by the county auditor of the costs, fees, and expenses to the	101573
department within two months of the date the costs, fees, and	101574
expenses are incurred by the county.	101575

Each fiscal year, based on past allocations, historical	101576
utilization, and other factors the department considers	101577
appropriate, the department shall allocate for each county an	101578
amount for reimbursements under this section. The total of all the	101579
allocations shall equal the amount appropriated for the fiscal	101580
year to the department specifically for the purposes of this	101581
section.	101582

On receipt, the department shall review each request for	101583
reimbursement and prepare a voucher for the amount of the costs,	101584
fees, and expenses incurred by the county, provided that the total	101585
amount of money paid to all counties in each fiscal year shall not	101586
exceed the total amount of moneys specifically appropriated to the	101587
department for these purposes.	101588

The department's total reimbursement to each county shall be	101589
the lesser of the full amount requested or the amount allocated	101590
for the county under this division. In addition, the department	101591
shall distribute any surplus remaining from the money appropriated	101592
for the fiscal year to the department for the purposes of this	101593
section as follows to counties whose full requests exceed their	101594
allocations:	101595

(1) If the surplus is sufficient to reimburse such counties	101596
the full amount of their requests, each such county shall receive	101597
the full amount of its request;	101598

(2) If the surplus is insufficient, each such county shall	101599
receive a percentage of the surplus determined by dividing the	101600
difference between the county's full request and its allocation by	101601
the difference between the total of the full requests of all such	101602
counties and the total of the amounts allocated for all such	101603
counties.	101604

The department may adopt rules in accordance with Chapter	101605
119. of the Revised Code to implement the payment of costs, fees,	101606
and expenses under this section.	101607

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	101608
Revised Code:	101609

(A) "Compilation" means a written list of the following	101610
information, as the department of ~~mental health~~mental health and	101611
addiction services is able to reasonably ascertain, for every	101612
patient who was buried, entombed, or inurned prior to ~~the~~	101613
~~effective date of this section~~March 31, 2005, in a cemetery	101614
located on the grounds of or adjacent to the grounds of a public	101615
hospital:	101616

(1) Name;

101617

(2) Date of birth;

101618

(3) Date of death or burial;

101619

(4) Specific physical location of the burial, entombment, or	101620
inurnment, including the plot or grave site number if available.	101621

(B) "Patient" means an individual who died while admitted to	101622
a public hospital that was under the control of the department of	101623
~~mental health~~mental health and addiction services.	101624

(C) "Record" has the same meaning as in section 149.011 of	101625
the Revised Code.	101626

(D) "State agency" means every organized body, office, or	101627
agency established by the laws of the state for the exercise of	101628
any function of state government.	101629

Sec. 5122.45. The department of ~~mental health~~mental health	101630
and addiction services shall create a separate compilation for	101631
each cemetery located on the grounds of or adjacent to the grounds	101632
of a public hospital that is under the control of the department	101633
on ~~the effective date of this section~~March 31, 2005. The	101634
compilation shall be created within a reasonable time not	101635
exceeding three years after ~~the effective date of this section~~	101636
March 31, 2005. The department shall use its best efforts to	101637
create the most complete compilations possible using records in	101638
the department's possession and records obtained in accordance	101639
with section 5122.46 of the Revised Code.	101640

Sec. 5122.46. The Ohio historical society and each state	101641
agency shall, at the request of the department of ~~mental health~~	101642
mental health and addiction services, provide the department	101643
access to records and information in the possession of the	101644
historical society or state agency for purposes of creating	101645
compilations.	101646

Sec. 5122.47. The department of ~~mental health~~mental health	101647
and addiction services shall deposit a copy of each compilation	101648
with the Ohio historical society and the state library as soon as	101649
a compilation is completed. The department shall not disclose any	101650
record or information used to create a compilation except as	101651
provided in sections 149.43 and 5122.31 of the Revised Code.	101652

Sec. 5123.01. As used in this chapter:

101653

(A) "Chief medical officer" means the licensed physician	101654
appointed by the managing officer of an institution for the	101655
mentally retarded with the approval of the director of	101656
developmental disabilities to provide medical treatment for	101657
residents of the institution.	101658

(B) "Chief program director" means a person with special	101659
training and experience in the diagnosis and management of the	101660
mentally retarded, certified according to division (C) of this	101661
section in at least one of the designated fields, and appointed by	101662
the managing officer of an institution for the mentally retarded	101663
with the approval of the director to provide habilitation and care	101664
for residents of the institution.	101665

(C) "Comprehensive evaluation" means a study, including a	101666
sequence of observations and examinations, of a person leading to	101667
conclusions and recommendations formulated jointly, with	101668
dissenting opinions if any, by a group of persons with special	101669
training and experience in the diagnosis and management of persons	101670
with mental retardation or a developmental disability, which group	101671
shall include individuals who are professionally qualified in the	101672
fields of medicine, psychology, and social work, together with	101673
such other specialists as the individual case may require.	101674

(D) "Education" means the process of formal training and	101675
instruction to facilitate the intellectual and emotional	101676
development of residents.	101677

(E) "Habilitation" means the process by which the staff of	101678
the institution assists the resident in acquiring and maintaining	101679
those life skills that enable the resident to cope more	101680
effectively with the demands of the resident's own person and of	101681
the resident's environment and in raising the level of the	101682
resident's physical, mental, social, and vocational efficiency.	101683
Habilitation includes but is not limited to programs of formal,	101684
structured education and training.	101685

(F) "Health officer" means any public health physician,	101686
public health nurse, or other person authorized or designated by a	101687
city or general health district.	101688

(G) "Home and community-based services" means medicaid-funded	101689
home and community-based services specified in division ~~(B)~~(A)(1)	101690
of section ~~5111.87~~5166.20 of the Revised Code provided under the	101691
medicaid waiver components the department of developmental	101692
disabilities administers pursuant to section ~~5111.871~~5166.21 of	101693
the Revised Code. Except as provided in section 5123.0412 of the	101694
Revised Code, home and community-based services provided under the	101695
medicaid waiver component known as the transitions developmental	101696
disabilities waiver are to be considered to be home and	101697
community-based services for the purposes of this chapter, and	101698
Chapters 5124. and 5126. of the Revised Code, only to the extent,	101699
if any, provided by the contract required by section ~~5111.871~~	101700
5166.21 of the Revised Code regarding the waiver.	101701

(H) "ICF/IID" has the same meaning as in section 5124.01 of	101702
the Revised Code.	101703

(I) "Indigent person" means a person who is unable, without	101704
substantial financial hardship, to provide for the payment of an	101705
attorney and for other necessary expenses of legal representation,	101706
including expert testimony.	101707

~~(I)~~(J) "Institution" means a public or private facility, or a	101708
part of a public or private facility, that is licensed by the	101709
appropriate state department and is equipped to provide	101710
residential habilitation, care, and treatment for the mentally	101711
retarded.	101712

~~(J)~~(K) "Licensed physician" means a person who holds a valid	101713
certificate issued under Chapter 4731. of the Revised Code	101714
authorizing the person to practice medicine and surgery or	101715
osteopathic medicine and surgery, or a medical officer of the	101716
government of the United States while in the performance of the	101717
officer's official duties.	101718

~~(K)~~(L) "Managing officer" means a person who is appointed by	101719
the director of developmental disabilities to be in executive	101720
control of an institution for the mentally retarded under the	101721
jurisdiction of the department.	101722

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	101723
~~the Revised Code.~~	101724

(M) "Medicaid case management services" means case management	101725
services provided to an individual with mental retardation or	101726
other developmental disability that the state medicaid plan	101727
requires.	101728

(N) "Mentally retarded person" means a person having	101729
significantly subaverage general intellectual functioning existing	101730
concurrently with deficiencies in adaptive behavior, manifested	101731
during the developmental period.	101732

(O) "Mentally retarded person subject to institutionalization	101733
by court order" means a person eighteen years of age or older who	101734
is at least moderately mentally retarded and in relation to whom,	101735
because of the person's retardation, either of the following	101736
conditions exist:	101737

(1) The person represents a very substantial risk of physical	101738
impairment or injury to self as manifested by evidence that the	101739
person is unable to provide for and is not providing for the	101740
person's most basic physical needs and that provision for those	101741
needs is not available in the community;	101742

(2) The person needs and is susceptible to significant	101743
habilitation in an institution.	101744

(P) "A person who is at least moderately mentally retarded"	101745
means a person who is found, following a comprehensive evaluation,	101746
to be impaired in adaptive behavior to a moderate degree and to be	101747
functioning at the moderate level of intellectual functioning in	101748
accordance with standard measurements as recorded in the most	101749
current revision of the manual of terminology and classification	101750
in mental retardation published by the American association on	101751
mental retardation.	101752

(Q) As used in this division, "substantial functional	101753
limitation," "developmental delay," and "established risk" have	101754
the meanings established pursuant to section 5123.011 of the	101755
Revised Code.	101756

"Developmental disability" means a severe, chronic disability	101757
that is characterized by all of the following:	101758

(1) It is attributable to a mental or physical impairment or	101759
a combination of mental and physical impairments, other than a	101760
mental or physical impairment solely caused by mental illness as	101761
defined in division (A) of section 5122.01 of the Revised Code.	101762

(2) It is manifested before age twenty-two.

101763

(3) It is likely to continue indefinitely.

101764

(4) It results in one of the following:

101765

(a) In the case of a person under three years of age, at	101766
least one developmental delay or an established risk;	101767

(b) In the case of a person at least three years of age but	101768
under six years of age, at least two developmental delays or an	101769
established risk;	101770

(c) In the case of a person six years of age or older, a	101771
substantial functional limitation in at least three of the	101772
following areas of major life activity, as appropriate for the	101773
person's age: self-care, receptive and expressive language,	101774
learning, mobility, self-direction, capacity for independent	101775
living, and, if the person is at least sixteen years of age,	101776
capacity for economic self-sufficiency.	101777

(5) It causes the person to need a combination and sequence	101778
of special, interdisciplinary, or other type of care, treatment,	101779
or provision of services for an extended period of time that is	101780
individually planned and coordinated for the person.	101781

(R) "Developmentally disabled person" means a person with a	101782
developmental disability.	101783

(S) "State institution" means an institution that is	101784
tax-supported and under the jurisdiction of the department.	101785

(T) "Residence" and "legal residence" have the same meaning	101786
as "legal settlement," which is acquired by residing in Ohio for a	101787
period of one year without receiving general assistance prior to	101788
July 17, 1995, under former Chapter 5113. of the Revised Code,	101789
financial assistance under Chapter 5115. of the Revised Code, or	101790
assistance from a private agency that maintains records of	101791
assistance given. A person having a legal settlement in the state	101792
shall be considered as having legal settlement in the assistance	101793
area in which the person resides. No adult person coming into this	101794
state and having a spouse or minor children residing in another	101795
state shall obtain a legal settlement in this state as long as the	101796
spouse or minor children are receiving public assistance, care, or	101797
support at the expense of the other state or its subdivisions. For	101798
the purpose of determining the legal settlement of a person who is	101799
living in a public or private institution or in a home subject to	101800
licensing by the department of job and family services, the	101801
department of ~~mental health~~mental health and addiction services,	101802
or the department of developmental disabilities, the residence of	101803
the person shall be considered as though the person were residing	101804
in the county in which the person was living prior to the person's	101805
entrance into the institution or home. Settlement once acquired	101806
shall continue until a person has been continuously absent from	101807
Ohio for a period of one year or has acquired a legal residence in	101808
another state. A woman who marries a man with legal settlement in	101809
any county immediately acquires the settlement of her husband. The	101810
legal settlement of a minor is that of the parents, surviving	101811
parent, sole parent, parent who is designated the residential	101812
parent and legal custodian by a court, other adult having	101813
permanent custody awarded by a court, or guardian of the person of	101814
the minor, provided that:	101815

(1) A minor female who marries shall be considered to have	101816
the legal settlement of her husband and, in the case of death of	101817
her husband or divorce, she shall not thereby lose her legal	101818
settlement obtained by the marriage.	101819

(2) A minor male who marries, establishes a home, and who has	101820
resided in this state for one year without receiving general	101821
assistance prior to July 17, 1995, under former Chapter 5113. of	101822
the Revised Code, financial assistance under Chapter 5115. of the	101823
Revised Code, or assistance from a private agency that maintains	101824
records of assistance given shall be considered to have obtained a	101825
legal settlement in this state.	101826

(3) The legal settlement of a child under eighteen years of	101827
age who is in the care or custody of a public or private child	101828
caring agency shall not change if the legal settlement of the	101829
parent changes until after the child has been in the home of the	101830
parent for a period of one year.	101831

No person, adult or minor, may establish a legal settlement	101832
in this state for the purpose of gaining admission to any state	101833
institution.	101834

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	101835
this section, a person who is admitted either voluntarily or	101836
involuntarily to an institution or other facility pursuant to	101837
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	101838
Code subsequent to a finding of not guilty by reason of insanity	101839
or incompetence to stand trial or under this chapter who is under	101840
observation or receiving habilitation and care in an institution.	101841

(2) "Resident" does not include a person admitted to an	101842
institution or other facility under section 2945.39, 2945.40,	101843
2945.401, or 2945.402 of the Revised Code to the extent that the	101844
reference in this chapter to resident, or the context in which the	101845
reference occurs, is in conflict with any provision of sections	101846
2945.37 to 2945.402 of the Revised Code.	101847

(V) "Respondent" means the person whose detention,	101848
commitment, or continued commitment is being sought in any	101849
proceeding under this chapter.	101850

(W) "Working day" and "court day" mean Monday, Tuesday,	101851
Wednesday, Thursday, and Friday, except when such day is a legal	101852
holiday.	101853

(X) "Prosecutor" means the prosecuting attorney, village	101854
solicitor, city director of law, or similar chief legal officer	101855
who prosecuted a criminal case in which a person was found not	101856
guilty by reason of insanity, who would have had the authority to	101857
prosecute a criminal case against a person if the person had not	101858
been found incompetent to stand trial, or who prosecuted a case in	101859
which a person was found guilty.	101860

(Y) "Court" means the probate division of the court of common	101861
pleas.	101862

(Z) "Supported living" and "residential services" have the	101863
same meanings as in section 5126.01 of the Revised Code.	101864

Sec. 5123.021. (A) As used in this section, "mentally	101865
retarded individual" and "specialized services" have the same	101866
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	101867

(B)(1) Except as provided in division (B)(2) of this section	101868
and rules adopted under division (E)(3) of this section, for	101869
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	101870
department of developmental disabilities shall determine in	101871
accordance with section 1919(e)(7) of the "Social Security Act,"	101872
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	101873
adopted under section 1919(f)(8)(A) of that act whether, because	101874
of the individual's physical and mental condition, a mentally	101875
retarded individual seeking admission to a nursing facility	101876
requires the level of services provided by a nursing facility and,	101877
if the individual requires that level of services, whether the	101878
individual requires specialized services for mental retardation.	101879

(2) A determination under this division is not required for	101880
any of the following:	101881

(a) An individual seeking readmission to a nursing facility	101882
after having been transferred from a nursing facility to a	101883
hospital for care;	101884

(b) An individual who meets all of the following conditions:

101885

(i) The individual is admitted to the nursing facility	101886
directly from a hospital after receiving inpatient care at the	101887
hospital;	101888

(ii) The individual requires nursing facility services for	101889
the condition for which the individual received care in the	101890
hospital;	101891

(iii) The individual's attending physician has certified,	101892
before admission to the nursing facility, that the individual is	101893
likely to require less than thirty days of nursing facility	101894
services.	101895

(c) An individual transferred from one nursing facility to	101896
another nursing facility, with or without an intervening hospital	101897
stay.	101898

(C) Except as provided in rules adopted under division (F)(3)	101899
of this section, the department of developmental disabilities	101900
shall review and determine, for each resident of a nursing	101901
facility who is mentally retarded, whether the resident, because	101902
of the resident's physical and mental condition, requires the	101903
level of services provided by a nursing facility and whether the	101904
resident requires specialized services for mental retardation. The	101905
review and determination shall be conducted in accordance with	101906
section 1919(e)(7) of the "Social Security Act" and the	101907
regulations adopted under section 1919(f)(8)(A) of the act. The	101908
review and determination shall be completed promptly after a	101909
nursing facility has notified the department that there has been a	101910
significant change in the resident's mental or physical condition.	101911

(D)(1) In the case of a nursing facility resident who has	101912
continuously resided in a nursing facility for at least thirty	101913
months before the date of a review and determination under	101914
division (C) of this section, if the resident is determined not to	101915
require the level of services provided by a nursing facility, but	101916
is determined to require specialized services for mental	101917
retardation, the department, in consultation with the resident's	101918
family or legal representative and care givers, shall do all of	101919
the following:	101920

(a) Inform the resident of the institutional and	101921
noninstitutional alternatives covered under the state plan for	101922
medical assistance;	101923

(b) Offer the resident the choice of remaining in the nursing	101924
facility or receiving covered services in an alternative	101925
institutional or noninstitutional setting;	101926

(c) Clarify the effect on eligibility for services under the	101927
state plan for medical assistance if the resident chooses to leave	101928
the facility, including its effect on readmission to the facility;	101929

(d) Provide for or arrange for the provision of specialized	101930
services for the resident's mental retardation in the setting	101931
chosen by the resident.	101932

(2) In the case of a nursing facility resident who has	101933
continuously resided in a nursing facility for less than thirty	101934
months before the date of the review and determination under	101935
division (C) of this section, if the resident is determined not to	101936
require the level of services provided by a nursing facility, but	101937
is determined to require specialized services for mental	101938
retardation, or if the resident is determined to require neither	101939
the level of services provided by a nursing facility nor	101940
specialized services for mental retardation, the department shall	101941
act in accordance with its alternative disposition plan approved	101942
by the United States department of health and human services under	101943
section 1919(e)(7)(E) of the "Social Security Act."	101944

(3) In the case of an individual who is determined under	101945
division (B) or (C) of this section to require both the level of	101946
services provided by a nursing facility and specialized services	101947
for mental retardation, the department of developmental	101948
disabilities shall provide or arrange for the provision of the	101949
specialized services needed by the individual or resident while	101950
residing in a nursing facility.	101951

(E) The department of developmental disabilities shall adopt	101952
rules in accordance with Chapter 119. of the Revised Code that do	101953
all of the following:	101954

(1) Establish criteria to be used in making the	101955
determinations required by divisions (B) and (C) of this section.	101956
The criteria shall not exceed the criteria established by	101957
regulations adopted by the United States department of health and	101958
human services under section 1919(f)(8)(A) of the "Social Security	101959
Act."	101960

(2) Specify information to be provided by the individual or	101961
nursing facility resident being assessed;	101962

(3) Specify any circumstances, in addition to circumstances	101963
listed in division (B) of this section, under which determinations	101964
under divisions (B) and (C) of this section are not required to be	101965
made.	101966

Sec. 5123.022. It(A) As used in this section:

101967

(1) "Community employment" means competitive employment that	101968
takes place in an integrated setting.	101969

(2) "Competitive employment" means full-time or part-time	101970
work in the competitive labor market in which payment is at or	101971
above the minimum wage but not less than the customary wage and	101972
level of benefits paid by the employer for the same or similar	101973
work performed by persons who are not disabled.	101974

(3) "Integrated setting" means a setting typically found in	101975
the community where individuals with developmental disabilities	101976
interact with individuals who do not have disabilities to the same	101977
extent that individuals in comparable positions who are not	101978
disabled interact with other individuals, including in employment	101979
settings in which employees interact with the community through	101980
technology.	101981

(B) It is hereby declared to be the policy of this state that	101982
employment services for individuals with developmental	101983
disabilities be directed at ~~placement whenever possible of each~~	101984
~~individual in a position in the~~ community ~~in which the individual~~	101985
~~is integrated with the employer's other workers who are not~~	101986
~~developmentally disabled~~employment. ~~The~~Every individual with a	101987
developmental disability is presumed capable of community	101988
employment.	101989

The departments of developmental disabilities, education,	101990
medicaid, job and family services, and ~~mental health~~mental health	101991
and addiction services; the ~~rehabilitation services commission~~	101992
opportunities for Ohioans with disabilities agency; and each other	101993
state agency that provides employment services to individuals with	101994
developmental disabilities shall implement ~~this~~the policy of	101995
this state and ensure that it is followed whenever employment	101996
services are provided to individuals with developmental	101997
disabilities.	101998

The department of developmental disabilities shall coordinate	101999
the actions taken by state agencies to comply with the state's	102000
policy. Agencies shall collaborate within their divisions and with	102001
each other to ensure that state programs, policies, procedures,	102002
and funding support competitive and integrated employment of	102003
individuals with developmental disabilities. State agencies shall	102004
share information with the department, and the department shall	102005
track progress toward full implementation of the policy. The	102006
department, in coordination with any task force established by the	102007
governor, shall compile data and annually submit to the governor a	102008
report on implementation of the policy.	102009

The department and state agencies may adopt rules to	102010
implement the state's policy.	102011

(C) The state's policy articulated in this section is	102012
intended to promote the right of each individual with a	102013
developmental disability to informed choice; however, nothing in	102014
this section requires any employer to give preference in hiring to	102015
an individual because the individual has a disability.	102016

Sec. 5123.023. (A) The director of developmental	102017
disabilities may establish an employment first task force	102018
consisting of the departments of developmental disabilities,	102019
education, medicaid, job and family services, and mental health	102020
and addiction services; and the opportunities for Ohioans with	102021
disabilities agency. The purpose of the task force shall be to	102022
improve the coordination of the state's efforts to address the	102023
needs of individuals with developmental disabilities who seek	102024
community employment as defined in section 5123.022 of the Revised	102025
Code.	102026

(B) The department of developmental disabilities may enter	102027
into interagency agreements with any of the government entities on	102028
the task force. The interagency agreements may specify either or	102029
both of the following:	102030

(1) The roles and responsibilities of the government entities	102031
that are members of the task force, including any money to be	102032
contributed by those entities;	102033

(2) The projects and activities of the task force.

102034

(C) There is hereby created in the state treasury the	102035
employment first taskforce fund. Any money received by the task	102036
force from its members shall be credited to the fund. The	102037
department of developmental disabilities shall use the fund to	102038
support the work of the task force.	102039

(D) The task force shall cease to exist on January 1, 2020.	102040
Any money, assets, or employees of the department of developmental	102041
disabilities that on that date are dedicated to the work of the	102042
task force shall be reallocated by the department for employment	102043
services for individuals with developmental disabilities.	102044

Sec. 5123.03. (A) The department of developmental	102045
disabilities shall do all of the following:	102046

(1) Maintain, operate, manage, and govern all state	102047
institutions for the care, treatment, and training of the mentally	102048
retarded;	102049

(2) Designate all such institutions by appropriate names;

102050

(3) Provide and designate facilities for the custody, care,	102051
and special treatment of persons of the following classes:	102052

(a) Dangerous persons in state institutions for the mentally	102053
retarded who represent a serious threat to the safety of the other	102054
patients of the institution;	102055

(b) Persons charged with crimes who are found incompetent to	102056
stand trial or not guilty by reason of insanity and who are also	102057
mentally retarded persons subject to institutionalization by court	102058
order.	102059

(4) Have control of all institutions maintained in part by	102060
the state for the care, treatment, and training of the mentally	102061
retarded;	102062

(5) Administer the laws relative to persons in such	102063
institutions in an efficient, economical, and humane manner;	102064

(6) Ascertain by actual examinations and inquiry whether	102065
institutionalizations are made according to law.	102066

(B) The department may do any of the following:

102067

(1) Subject to section 5139.08 of the Revised Code, receive	102068
from the department of youth services for observation, diagnosis,	102069
care, habilitation, or placement any children in the custody of	102070
the department of youth services;	102071

(2) Receive for observation any minor from a public	102072
institution other than an institution under the jurisdiction of	102073
the department of developmental disabilities, from a private	102074
charitable institution, or from a person having legal custody of	102075
such a minor, upon such terms as are proper;	102076

(3) Receive from the department of ~~mental health~~mental	102077
health and addiction services any patient in the custody of the	102078
department who is transferred to the department of developmental	102079
disabilities upon such terms and conditions as may be agreed upon	102080
by the two departments.	102081

(C) In addition to the powers and duties expressly conferred	102082
by this section, the department may take any other action	102083
necessary for the full and efficient executive, administrative,	102084
and fiscal supervision of the state institutions described in this	102085
section.	102086

Sec. 5123.0412. (A) The department of developmental	102087
disabilities shall charge each county board of developmental	102088
disabilities an annual fee equal to one and one-quarter per cent	102089
of the total value of all medicaid paid claims for home and	102090
community-based services provided during the year to an individual	102091
eligible for services from the county board. However, the	102092
department shall not charge the fee for home and community-based	102093
services provided under the medicaid waiver component known as the	102094
transitions developmental disabilities waiver. No county board	102095
shall pass the cost of a fee charged to the county board under	102096
this section on to another provider of these services.	102097

(B) The fees collected under this section shall be deposited	102098
into the ODDD administration and oversight fund ~~and the ODJFS~~	102099
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	102100
created in the state treasury. ~~The portion of the fees to be~~	102101
~~deposited into the ODDD administration and oversight fund and the~~	102102
~~portion of the fees to be deposited into the ODJFS administration~~	102103
~~and oversight fund shall be the portion specified in an~~	102104
~~interagency agreement entered into under division (C) of this~~	102105
~~section.~~ The department ~~of developmental disabilities~~ shall use	102106
the money in the ODDD administration and oversight fund ~~and the~~	102107
~~department of job and family services shall use the money in the~~	102108
~~ODJFS administration and oversight fund~~ for both of the following	102109
purposes:	102110

(1) Medicaid administrative costs, including administrative	102111
and oversight costs of medicaid case management services and home	102112
and community-based services. The administrative and oversight	102113
costs of medicaid case management services and home and	102114
community-based services shall include costs for staff, systems,	102115
and other resources the ~~departments need~~department needs and	102116
~~dedicate~~dedicates solely to the following duties associated with	102117
the services:	102118

(a) Eligibility determinations;

102119

(b) Training;

102120

102121

(d) Claims processing;

102122

(e) Quality assurance oversight;

102123

(f) Other duties the ~~departments identify~~department	102124
identifies.	102125

(2) Providing technical support to county boards' local	102126
administrative authority under section 5126.055 of the Revised	102127
Code for the services.	102128

(C) ~~The departments of developmental disabilities and job and~~	102129
~~family services shall enter into an interagency agreement to do~~	102130
~~both of the following:~~	102131

~~(1) Specify which portion of the fees collected under this~~	102132
~~section is to be deposited into the ODDD administration and~~	102133
~~oversight fund and which portion is to be deposited into the ODJFS~~	102134
~~administration and oversight fund;~~	102135

~~(2) Provide for the departments to coordinate the staff whose~~	102136
~~costs are paid for with money in the ODDD administration and~~	102137
~~oversight fund and the ODJFS administration and oversight fund.~~	102138

~~(D)~~ The ~~departments~~department shall submit an annual report	102139
to the director of budget and management certifying how the	102140
~~departments~~department spent the money in the ODDD administration	102141
and oversight fund ~~and the ODJFS administration and oversight fund~~	102142
for the purposes specified in division (B) of this section.	102143

Sec. 5123.0417. (A) The director of developmental	102144
disabilities shall establish one or more programs for individuals	102145
under twenty-two years of age who have intensive behavioral needs,	102146
including such individuals with a primary diagnosis of autism	102147
spectrum disorder. The programs may include one or more medicaid	102148
waiver components that the director administers pursuant to	102149
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	102150
one or more of the following:	102151

(1) Establish models that incorporate elements common to	102152
effective intervention programs and evidence-based practices in	102153
services for children with intensive behavioral needs;	102154

(2) Design a template for individualized education plans and	102155
individual service plans that provide consistent intervention	102156
programs and evidence-based practices for the care and treatment	102157
of children with intensive behavioral needs;	102158

(3) Disseminate best practice guidelines for use by families	102159
of children with intensive behavioral needs and professionals	102160
working with such families;	102161

(4) Develop a transition planning model for effectively	102162
mainstreaming school-age children with intensive behavioral needs	102163
to their public school district;	102164

(5) Contribute to the field of early and effective	102165
identification and intervention programs for children with	102166
intensive behavioral needs by providing financial support for	102167
scholarly research and publication of clinical findings.	102168

(B) The director of developmental disabilities shall	102169
collaborate with the medicaid director ~~of job and family services~~	102170
and consult with the executive director of the Ohio center for	102171
autism and low incidence and university-based programs that	102172
specialize in services for individuals with developmental	102173
disabilities when establishing programs under this section.	102174

Sec. 5123.09. Subject to the rules of the department of	102175
developmental disabilities, each institution under the	102176
jurisdiction of the department shall be under the control of a	102177
managing officer to be known as a superintendent or by other	102178
appropriate title. The managing officer shall be appointed by the	102179
director of developmental disabilities and shall be in the	102180
unclassified service and serve at the pleasure of the director.	102181
Each managing officer shall be of good moral character and have	102182
skill, ability, and experience in the managing officer's	102183
profession. Appointment to the position of managing officer of an	102184
institution may be made from persons holding positions in the	102185
classified service in the department.	102186

The managing officer, under the director, shall have entire	102187
executive charge of the institution for which the managing officer	102188
is appointed, except as provided in section ~~5119.16~~5119.44 of the	102189
Revised Code. Subject to civil service rules and rules adopted by	102190
the department, the managing officer shall appoint the necessary	102191
employees, and the managing officer or the director may remove	102192
those employees for cause. A report of all appointments,	102193
resignations, and discharges shall be filed with the appropriate	102194
division at the close of each month.	102195

After conference with the managing officer of each	102196
institution, the director shall determine the number of employees	102197
to be appointed to the various institutions and clinics.	102198

Sec. 5123.171. As used in this section, "respite care" means	102199
appropriate, short-term, temporary care provided to a mentally	102200
retarded or developmentally disabled person to sustain the family	102201
structure or to meet planned or emergency needs of the family.	102202

The department of developmental disabilities shall provide	102203
respite care services to persons with mental retardation or a	102204
developmental disability for the purpose of promoting	102205
self-sufficiency and normalization, preventing or reducing	102206
inappropriate institutional care, and furthering the unity of the	102207
family by enabling the family to meet the special needs of a	102208
mentally retarded or developmentally disabled person.	102209

In order to be eligible for respite care services under this	102210
section, the mentally retarded or developmentally disabled person	102211
must be in need of habilitation services as defined in section	102212
5126.01 of the Revised Code.	102213

Respite care may be provided in a residential facility	102214
licensed under section 5123.19 of the Revised Code (, including a	102215
residential facility certified as an ~~intermediate care facility~~	102216
~~for the mentally retarded under Title XIX of the "Social Security~~	102217
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	102218
ICF/IID, and a respite care home certified under section 5126.05	102219
of the Revised Code.	102220

The department shall develop a system for locating vacant	102221
beds that are available for respite care and for making	102222
information on vacant beds available to users of respite care	102223
services. ~~Facilities certified as intermediate care facilities for~~	102224
~~the mentally retarded~~ICFs/IID shall report vacant beds to the	102225
department but shall not be required to accept respite care	102226
clients.	102227

The director of developmental disabilities shall adopt, and	102228
may amend or rescind, rules in accordance with Chapter 119. of the	102229
Revised Code for both of the following:	102230

(A) Certification by county boards of developmental	102231
disabilities of respite care homes;	102232

(B) Provision of respite care services authorized by this	102233
section. Rules adopted under this division shall establish all of	102234
the following:	102235

(1) A formula for distributing funds appropriated for respite	102236
care services;	102237

(2) Standards for supervision, training and quality control	102238
in the provision of respite care services;	102239

(3) Eligibility criteria for emergency respite care services.

102240

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	102241
the Revised Code:	102242

(1) "Independent living arrangement" means an arrangement in	102243
which a mentally retarded or developmentally disabled person	102244
resides in an individualized setting chosen by the person or the	102245
person's guardian, which is not dedicated principally to the	102246
provision of residential services for mentally retarded or	102247
developmentally disabled persons, and for which no financial	102248
support is received for rendering such service from any	102249
governmental agency by a provider of residential services.	102250

(2) ~~"Intermediate care facility for the mentally retarded"~~	102251
~~has the same meaning as in section 1905(d) of the "Social Security~~	102252
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	102253

~~(3)~~ "Licensee" means the person or government agency that has	102254
applied for a license to operate a residential facility and to	102255
which the license was issued under this section.	102256

~~(4)~~(3) "Political subdivision" means a municipal corporation,	102257
county, or township.	102258

~~(5)~~(4) "Related party" has the same meaning as in section	102259
5123.16 of the Revised Code except that "provider" as used in the	102260
definition of "related party" means a person or government entity	102261
that held or applied for a license to operate a residential	102262
facility, rather than a person or government entity certified to	102263
provide supported living.	102264

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	102265
section, "residential facility" means a home or facility,	102266
including ~~a facility certified as an intermediate care facility~~	102267
~~for the mentally retarded~~an ICF/IID, in which an individual with	102268
mental retardation or a developmental disability resides.	102269

(b) "Residential facility" does not mean any of the	102270
following:	102271

(i) The home of a relative or legal guardian in which an	102272
individual with mental retardation or a developmental disability	102273
resides;	102274

(ii) A respite care home certified under section 5126.05 of	102275
the Revised Code;	102276

(iii) A county home or district home operated pursuant to	102277
Chapter 5155. of the Revised Code;	102278

(iv) A dwelling in which the only residents with mental	102279
retardation or developmental disabilities are in independent	102280
living arrangements or are being provided supported living.	102281

(B) Every person or government agency desiring to operate a	102282
residential facility shall apply for licensure of the facility to	102283
the director of developmental disabilities unless the residential	102284
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	102285
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	102286
Code.	102287

(C) Subject to section 5123.196 of the Revised Code, the	102288
director of developmental disabilities shall license the operation	102289
of residential facilities. An initial license shall be issued for	102290
a period that does not exceed one year, unless the director denies	102291
the license under division (D) of this section. A license shall be	102292
renewed for a period that does not exceed three years, unless the	102293
director refuses to renew the license under division (D) of this	102294
section. The director, when issuing or renewing a license, shall	102295
specify the period for which the license is being issued or	102296
renewed. A license remains valid for the length of the licensing	102297
period specified by the director, unless the license is	102298
terminated, revoked, or voluntarily surrendered.	102299

(D) If it is determined that an applicant or licensee is not	102300
in compliance with a provision of this chapter that applies to	102301
residential facilities or the rules adopted under such a	102302
provision, the director may deny issuance of a license, refuse to	102303
renew a license, terminate a license, revoke a license, issue an	102304
order for the suspension of admissions to a facility, issue an	102305
order for the placement of a monitor at a facility, issue an order	102306
for the immediate removal of residents, or take any other action	102307
the director considers necessary consistent with the director's	102308
authority under this chapter regarding residential facilities. In	102309
the director's selection and administration of the sanction to be	102310
imposed, all of the following apply:	102311

(1) The director may deny, refuse to renew, or revoke a	102312
license, if the director determines that the applicant or licensee	102313
has demonstrated a pattern of serious noncompliance or that a	102314
violation creates a substantial risk to the health and safety of	102315
residents of a residential facility.	102316

(2) The director may terminate a license if more than twelve	102317
consecutive months have elapsed since the residential facility was	102318
last occupied by a resident or a notice required by division (K)	102319
of this section is not given.	102320

(3) The director may issue an order for the suspension of	102321
admissions to a facility for any violation that may result in	102322
sanctions under division (D)(1) of this section and for any other	102323
violation specified in rules adopted under division (H)(2) of this	102324
section. If the suspension of admissions is imposed for a	102325
violation that may result in sanctions under division (D)(1) of	102326
this section, the director may impose the suspension before	102327
providing an opportunity for an adjudication under Chapter 119. of	102328
the Revised Code. The director shall lift an order for the	102329
suspension of admissions when the director determines that the	102330
violation that formed the basis for the order has been corrected.	102331

(4) The director may order the placement of a monitor at a	102332
residential facility for any violation specified in rules adopted	102333
under division (H)(2) of this section. The director shall lift the	102334
order when the director determines that the violation that formed	102335
the basis for the order has been corrected.	102336

(5) If the director determines that two or more residential	102337
facilities owned or operated by the same person or government	102338
entity are not being operated in compliance with a provision of	102339
this chapter that applies to residential facilities or the rules	102340
adopted under such a provision, and the director's findings are	102341
based on the same or a substantially similar action, practice,	102342
circumstance, or incident that creates a substantial risk to the	102343
health and safety of the residents, the director shall conduct a	102344
survey as soon as practicable at each residential facility owned	102345
or operated by that person or government entity. The director may	102346
take any action authorized by this section with respect to any	102347
facility found to be operating in violation of a provision of this	102348
chapter that applies to residential facilities or the rules	102349
adopted under such a provision.	102350

(6) When the director initiates license revocation	102351
proceedings, no opportunity for submitting a plan of correction	102352
shall be given. The director shall notify the licensee by letter	102353
of the initiation of the proceedings. The letter shall list the	102354
deficiencies of the residential facility and inform the licensee	102355
that no plan of correction will be accepted. The director shall	102356
also send a copy of the letter to the county board of	102357
developmental disabilities. The county board shall send a copy of	102358
the letter to each of the following:	102359

(a) Each resident who receives services from the licensee;

102360

(b) The guardian of each resident who receives services from	102361
the licensee if the resident has a guardian;	102362

(c) The parent or guardian of each resident who receives	102363
services from the licensee if the resident is a minor.	102364

(7) Pursuant to rules which shall be adopted in accordance	102365
with Chapter 119. of the Revised Code, the director may order the	102366
immediate removal of residents from a residential facility	102367
whenever conditions at the facility present an immediate danger of	102368
physical or psychological harm to the residents.	102369

(8) In determining whether a residential facility is being	102370
operated in compliance with a provision of this chapter that	102371
applies to residential facilities or the rules adopted under such	102372
a provision, or whether conditions at a residential facility	102373
present an immediate danger of physical or psychological harm to	102374
the residents, the director may rely on information obtained by a	102375
county board of developmental disabilities or other governmental	102376
agencies.	102377

(9) In proceedings initiated to deny, refuse to renew, or	102378
revoke licenses, the director may deny, refuse to renew, or revoke	102379
a license regardless of whether some or all of the deficiencies	102380
that prompted the proceedings have been corrected at the time of	102381
the hearing.	102382

(E) The director shall establish a program under which public	102383
notification may be made when the director has initiated license	102384
revocation proceedings or has issued an order for the suspension	102385
of admissions, placement of a monitor, or removal of residents.	102386
The director shall adopt rules in accordance with Chapter 119. of	102387
the Revised Code to implement this division. The rules shall	102388
establish the procedures by which the public notification will be	102389
made and specify the circumstances for which the notification must	102390
be made. The rules shall require that public notification be made	102391
if the director has taken action against the facility in the	102392
eighteen-month period immediately preceding the director's latest	102393
action against the facility and the latest action is being taken	102394
for the same or a substantially similar violation of a provision	102395
of this chapter that applies to residential facilities or the	102396
rules adopted under such a provision. The rules shall specify a	102397
method for removing or amending the public notification if the	102398
director's action is found to have been unjustified or the	102399
violation at the residential facility has been corrected.	102400

(F)(1) Except as provided in division (F)(2) of this section,	102401
appeals from proceedings initiated to impose a sanction under	102402
division (D) of this section shall be conducted in accordance with	102403
Chapter 119. of the Revised Code.	102404

(2) Appeals from proceedings initiated to order the	102405
suspension of admissions to a facility shall be conducted in	102406
accordance with Chapter 119. of the Revised Code, unless the order	102407
was issued before providing an opportunity for an adjudication, in	102408
which case all of the following apply:	102409

(a) The licensee may request a hearing not later than ten	102410
days after receiving the notice specified in section 119.07 of the	102411
Revised Code.	102412

(b) If a timely request for a hearing that includes the	102413
licensee's current address is made, the hearing shall commence not	102414
later than thirty days after the department receives the request.	102415

(c) After commencing, the hearing shall continue	102416
uninterrupted, except for Saturdays, Sundays, and legal holidays,	102417
unless other interruptions are agreed to by the licensee and the	102418
director.	102419

(d) If the hearing is conducted by a hearing examiner, the	102420
hearing examiner shall file a report and recommendations not later	102421
than ten days after the last of the following:	102422

(i) The close of the hearing;

102423

(ii) If a transcript of the proceedings is ordered, the	102424
hearing examiner receives the transcript;	102425

(iii) If post-hearing briefs are timely filed, the hearing	102426
examiner receives the briefs.	102427

(e) A copy of the written report and recommendation of the	102428
hearing examiner shall be sent, by certified mail, to the licensee	102429
and the licensee's attorney, if applicable, not later than five	102430
days after the report is filed.	102431

(f) Not later than five days after the hearing examiner files	102432
the report and recommendations, the licensee may file objections	102433
to the report and recommendations.	102434

(g) Not later than fifteen days after the hearing examiner	102435
files the report and recommendations, the director shall issue an	102436
order approving, modifying, or disapproving the report and	102437
recommendations.	102438

(h) Notwithstanding the pendency of the hearing, the director	102439
shall lift the order for the suspension of admissions when the	102440
director determines that the violation that formed the basis for	102441
the order has been corrected.	102442

(G) Neither a person or government agency whose application	102443
for a license to operate a residential facility is denied nor a	102444
related party of the person or government agency may apply for a	102445
license to operate a residential facility before the date that is	102446
one year after the date of the denial. Neither a licensee whose	102447
residential facility license is revoked nor a related party of the	102448
licensee may apply for a residential facility license before the	102449
date that is five years after the date of the revocation.	102450

(H) In accordance with Chapter 119. of the Revised Code, the	102451
director shall adopt and may amend and rescind rules for licensing	102452
and regulating the operation of residential facilities. The rules	102453
for residential facilities that are ~~intermediate care facilities~~	102454
~~for the mentally retarded~~ICFs/IID may differ from those for other	102455
residential facilities. The rules shall establish and specify the	102456
following:	102457

(1) Procedures and criteria for issuing and renewing	102458
licenses, including procedures and criteria for determining the	102459
length of the licensing period that the director must specify for	102460
each license when it is issued or renewed;	102461

(2) Procedures and criteria for denying, refusing to renew,	102462
terminating, and revoking licenses and for ordering the suspension	102463
of admissions to a facility, placement of a monitor at a facility,	102464
and the immediate removal of residents from a facility;	102465

(3) Fees for issuing and renewing licenses, which shall be	102466
deposited into the program fee fund created under section 5123.033	102467
of the Revised Code;	102468

(4) Procedures for surveying residential facilities;

102469

(5) Requirements for the training of residential facility	102470
personnel;	102471

(6) Classifications for the various types of residential	102472
facilities;	102473

(7) Certification procedures for licensees and management	102474
contractors that the director determines are necessary to ensure	102475
that they have the skills and qualifications to properly operate	102476
or manage residential facilities;	102477

(8) The maximum number of persons who may be served in a	102478
particular type of residential facility;	102479

(9) Uniform procedures for admission of persons to and	102480
transfers and discharges of persons from residential facilities;	102481

(10) Other standards for the operation of residential	102482
facilities and the services provided at residential facilities;	102483

(11) Procedures for waiving any provision of any rule adopted	102484
under this section.	102485

(I) Before issuing a license, the director of the department	102486
or the director's designee shall conduct a survey of the	102487
residential facility for which application is made. The director	102488
or the director's designee shall conduct a survey of each licensed	102489
residential facility at least once during the period the license	102490
is valid and may conduct additional inspections as needed. A	102491
survey includes but is not limited to an on-site examination and	102492
evaluation of the residential facility, its personnel, and the	102493
services provided there.	102494

In conducting surveys, the director or the director's	102495
designee shall be given access to the residential facility; all	102496
records, accounts, and any other documents related to the	102497
operation of the facility; the licensee; the residents of the	102498
facility; and all persons acting on behalf of, under the control	102499
of, or in connection with the licensee. The licensee and all	102500
persons on behalf of, under the control of, or in connection with	102501
the licensee shall cooperate with the director or the director's	102502
designee in conducting the survey.	102503

Following each survey, unless the director initiates a	102504
license revocation proceeding, the director or the director's	102505
designee shall provide the licensee with a report listing any	102506
deficiencies, specifying a timetable within which the licensee	102507
shall submit a plan of correction describing how the deficiencies	102508
will be corrected, and, when appropriate, specifying a timetable	102509
within which the licensee must correct the deficiencies. After a	102510
plan of correction is submitted, the director or the director's	102511
designee shall approve or disapprove the plan. A copy of the	102512
report and any approved plan of correction shall be provided to	102513
any person who requests it.	102514

The director shall initiate disciplinary action against any	102515
department employee who notifies or causes the notification to any	102516
unauthorized person of an unannounced survey of a residential	102517
facility by an authorized representative of the department.	102518

(J) In addition to any other information which may be	102519
required of applicants for a license pursuant to this section, the	102520
director shall require each applicant to provide a copy of an	102521
approved plan for a proposed residential facility pursuant to	102522
section 5123.042 of the Revised Code. This division does not apply	102523
to renewal of a license or to an applicant for an initial or	102524
modified license who meets the requirements of section 5123.197 of	102525
the Revised Code.	102526

(K) A licensee shall notify the owner of the building in	102527
which the licensee's residential facility is located of any	102528
significant change in the identity of the licensee or management	102529
contractor before the effective date of the change if the licensee	102530
is not the owner of the building.	102531

Pursuant to rules which shall be adopted in accordance with	102532
Chapter 119. of the Revised Code, the director may require	102533
notification to the department of any significant change in the	102534
ownership of a residential facility or in the identity of the	102535
licensee or management contractor. If the director determines that	102536
a significant change of ownership is proposed, the director shall	102537
consider the proposed change to be an application for development	102538
by a new operator pursuant to section 5123.042 of the Revised Code	102539
and shall advise the applicant within sixty days of the	102540
notification that the current license shall continue in effect or	102541
a new license will be required pursuant to this section. If the	102542
director requires a new license, the director shall permit the	102543
facility to continue to operate under the current license until	102544
the new license is issued, unless the current license is revoked,	102545
refused to be renewed, or terminated in accordance with Chapter	102546
119. of the Revised Code.	102547

(L) A county board of developmental disabilities and any	102548
interested person may file complaints alleging violations of	102549
statute or department rule relating to residential facilities with	102550
the department. All complaints shall be in writing and shall state	102551
the facts constituting the basis of the allegation. The department	102552
shall not reveal the source of any complaint unless the	102553
complainant agrees in writing to waive the right to	102554
confidentiality or until so ordered by a court of competent	102555
jurisdiction.	102556

The department shall adopt rules in accordance with Chapter	102557
119. of the Revised Code establishing procedures for the receipt,	102558
referral, investigation, and disposition of complaints filed with	102559
the department under this division.	102560

(M) The department shall establish procedures for the	102561
notification of interested parties of the transfer or interim care	102562
of residents from residential facilities that are closing or are	102563
losing their license.	102564

(N) Before issuing a license under this section to a	102565
residential facility that will accommodate at any time more than	102566
one mentally retarded or developmentally disabled individual, the	102567
director shall, by first class mail, notify the following:	102568

(1) If the facility will be located in a municipal	102569
corporation, the clerk of the legislative authority of the	102570
municipal corporation;	102571

(2) If the facility will be located in unincorporated	102572
territory, the clerk of the appropriate board of county	102573
commissioners and the fiscal officer of the appropriate board of	102574
township trustees.	102575

The director shall not issue the license for ten days after	102576
mailing the notice, excluding Saturdays, Sundays, and legal	102577
holidays, in order to give the notified local officials time in	102578
which to comment on the proposed issuance.	102579

Any legislative authority of a municipal corporation, board	102580
of county commissioners, or board of township trustees that	102581
receives notice under this division of the proposed issuance of a	102582
license for a residential facility may comment on it in writing to	102583
the director within ten days after the director mailed the notice,	102584
excluding Saturdays, Sundays, and legal holidays. If the director	102585
receives written comments from any notified officials within the	102586
specified time, the director shall make written findings	102587
concerning the comments and the director's decision on the	102588
issuance of the license. If the director does not receive written	102589
comments from any notified local officials within the specified	102590
time, the director shall continue the process for issuance of the	102591
license.	102592

(O) Any person may operate a licensed residential facility	102593
that provides room and board, personal care, habilitation	102594
services, and supervision in a family setting for at least six but	102595
not more than eight persons with mental retardation or a	102596
developmental disability as a permitted use in any residential	102597
district or zone, including any single-family residential district	102598
or zone, of any political subdivision. These residential	102599
facilities may be required to comply with area, height, yard, and	102600
architectural compatibility requirements that are uniformly	102601
imposed upon all single-family residences within the district or	102602
zone.	102603

(P) Any person may operate a licensed residential facility	102604
that provides room and board, personal care, habilitation	102605
services, and supervision in a family setting for at least nine	102606
but not more than sixteen persons with mental retardation or a	102607
developmental disability as a permitted use in any multiple-family	102608
residential district or zone of any political subdivision, except	102609
that a political subdivision that has enacted a zoning ordinance	102610
or resolution establishing planned unit development districts may	102611
exclude these residential facilities from those districts, and a	102612
political subdivision that has enacted a zoning ordinance or	102613
resolution may regulate these residential facilities in	102614
multiple-family residential districts or zones as a conditionally	102615
permitted use or special exception, in either case, under	102616
reasonable and specific standards and conditions set out in the	102617
zoning ordinance or resolution to:	102618

(1) Require the architectural design and site layout of the	102619
residential facility and the location, nature, and height of any	102620
walls, screens, and fences to be compatible with adjoining land	102621
uses and the residential character of the neighborhood;	102622

(2) Require compliance with yard, parking, and sign	102623
regulation;	102624

(3) Limit excessive concentration of these residential	102625
facilities.	102626

(Q) This section does not prohibit a political subdivision	102627
from applying to residential facilities nondiscriminatory	102628
regulations requiring compliance with health, fire, and safety	102629
regulations and building standards and regulations.	102630

(R) Divisions (O) and (P) of this section are not applicable	102631
to municipal corporations that had in effect on June 15, 1977, an	102632
ordinance specifically permitting in residential zones licensed	102633
residential facilities by means of permitted uses, conditional	102634
uses, or special exception, so long as such ordinance remains in	102635
effect without any substantive modification.	102636

(S)(1) The director may issue an interim license to operate a	102637
residential facility to an applicant for a license under this	102638
section if either of the following is the case:	102639

(a) The director determines that an emergency exists	102640
requiring immediate placement of persons in a residential	102641
facility, that insufficient licensed beds are available, and that	102642
the residential facility is likely to receive a permanent license	102643
under this section within thirty days after issuance of the	102644
interim license.	102645

(b) The director determines that the issuance of an interim	102646
license is necessary to meet a temporary need for a residential	102647
facility.	102648

(2) To be eligible to receive an interim license, an	102649
applicant must meet the same criteria that must be met to receive	102650
a permanent license under this section, except for any differing	102651
procedures and time frames that may apply to issuance of a	102652
permanent license.	102653

(3) An interim license shall be valid for thirty days and may	102654
be renewed by the director for a period not to exceed one hundred	102655
fifty days.	102656

(4) The director shall adopt rules in accordance with Chapter	102657
119. of the Revised Code as the director considers necessary to	102658
administer the issuance of interim licenses.	102659

(T) Notwithstanding rules adopted pursuant to this section	102660
establishing the maximum number of persons who may be served in a	102661
particular type of residential facility, a residential facility	102662
shall be permitted to serve the same number of persons being	102663
served by the facility on the effective date of the rules or the	102664
number of persons for which the facility is authorized pursuant to	102665
a current application for a certificate of need with a letter of	102666
support from the department of developmental disabilities and	102667
which is in the review process prior to April 4, 1986.	102668

(U) The director or the director's designee may enter at any	102669
time, for purposes of investigation, any home, facility, or other	102670
structure that has been reported to the director or that the	102671
director has reasonable cause to believe is being operated as a	102672
residential facility without a license issued under this section.	102673

The director may petition the court of common pleas of the	102674
county in which an unlicensed residential facility is located for	102675
an order enjoining the person or governmental agency operating the	102676
facility from continuing to operate without a license. The court	102677
may grant the injunction on a showing that the person or	102678
governmental agency named in the petition is operating a	102679
residential facility without a license. The court may grant the	102680
injunction, regardless of whether the residential facility meets	102681
the requirements for receiving a license under this section.	102682

Sec. 5123.192. (A) A person or government agency operating,	102683
on ~~the effective date of this section~~September 10, 2012, an	102684
~~intermediate care facility for the mentally retarded~~ICF/IID	102685
pursuant to a nursing home license issued under Chapter 3721. of	102686
the Revised Code shall do both of the following as a condition of	102687
continuing to operate the ~~facility~~ICF/IID on and after July 1,	102688
2013:	102689

(1) Not later than February 1, 2013, apply to the director of	102690
developmental disabilities for a residential facility license	102691
under section 5123.19 of the Revised Code for the ~~facility~~	102692
ICF/IID;	102693

(2) Not later than July 1, 2013, obtain the residential	102694
facility license for the ~~facility~~ICF/IID.	102695

(B) The nursing home license of an ~~intermediate care facility~~	102696
~~for the mentally retarded~~ICF/IID shall cease to be valid at the	102697
earliest of the following:	102698

(1) The date that the ~~facility's~~ICF/IID's nursing home	102699
license is revoked or voided under section 3721.07 of the Revised	102700
Code;	102701

(2) The date that a residential facility license is obtained	102702
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	102703
Code;	102704

(3) July 1, 2013.

102705

(C) Except for existing nursing home beds not certified as	102706
~~intermediate care facility for the mentally retarded~~ICF/IID beds	102707
and relocated in accordance with a move authorized by a	102708
certificate of need under Chapter 3702. of the Revised Code, no	102709
bed that is part of an ~~intermediate care facility for the mentally~~	102710
~~retarded~~ICF/IID that is licensed as a nursing home on ~~the~~	102711
~~effective date of this section~~September 10, 2012, may be used as	102712
part of a nursing home on and after the earlier of the following:	102713

(1) The date that a residential facility license is obtained	102714
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	102715
Code;	102716

(2) July 1, 2013.

102717

Sec. 5123.197. Neither an applicant for an initial	102718
residential facility license under section 5123.19 of the Revised	102719
Code nor an applicant for a modification of an existing	102720
residential facility license under that section is required to	102721
obtain approval of a plan for the proposed new residential	102722
facility or modification to the existing residential facility	102723
pursuant to section 5123.042 of the Revised Code if all of the	102724
following apply:	102725

(A) The new residential facility or modification to the	102726
existing residential facility is to serve individuals who have	102727
diagnoses or special care needs for which a medicaid ~~reimbursement~~	102728
payment rate is set pursuant to section ~~5111.258~~5124.152 of the	102729
Revised Code;	102730

(B) The ~~directors of job and family services~~medicaid	102731
director and director of developmental disabilities determine that	102732
there is a need under the medicaid program for the proposed new	102733
residential facility or modification to the existing residential	102734
facility and that approving the application for the initial	102735
residential facility license or modification to the existing	102736
residential facility license is fiscally prudent for the medicaid	102737
program;	102738

(C) The director of budget and management notifies the	102739
~~directors of job and family services~~medicaid director and	102740
director of developmental disabilities that the director of budget	102741
and management agrees with the directors' determination under	102742
division (B) of this section.	102743

Sec. 5123.198. (A) As used in this section, "date of the	102744
commitment" means the date that an individual specified in	102745
division (B) of this section begins to reside in a state-operated	102746
~~intermediate care facility for the mentally retarded~~ICF/IID after	102747
being committed to the ~~facility~~ICF/IID pursuant to sections	102748
5123.71 to 5123.76 of the Revised Code.	102749

(B) Except as provided in division (C) of this section,	102750
whenever a resident of a residential facility is committed to a	102751
state-operated ~~intermediate care facility for the mentally~~	102752
~~retarded~~ICF/IID pursuant to sections 5123.71 to 5123.76 of the	102753
Revised Code, the department of developmental disabilities,	102754
pursuant to an adjudication order issued in accordance with	102755
Chapter 119. of the Revised Code, shall reduce by one the number	102756
of residents for which the residential facility in which the	102757
resident resided is licensed.	102758

(C) The department shall not reduce under division (B) of	102759
this section the number of residents for which a residential	102760
facility is licensed if any of the following are the case:	102761

(1) The resident of the residential facility who is committed	102762
to a state-operated ~~intermediate care facility for the mentally~~	102763
~~retarded~~ICF/IID resided in the residential facility because of	102764
the closure, on or after June 26, 2003, of another state-operated	102765
~~intermediate care facility for the mentally retarded~~ICF/IID;	102766

(2) The residential facility admits within ninety days of the	102767
date of the commitment an individual who resides on the date of	102768
the commitment in a state-operated ~~intermediate care facility for~~	102769
~~the mentally retarded~~ICF/IID or another residential facility;	102770

(3) The department fails to do either of the following within	102771
ninety days of the date of the commitment:	102772

(a) Identify an individual to whom all of the following	102773
applies:	102774

(i) Resides on the date of the commitment in a state-operated	102775
~~intermediate care facility for the mentally retarded~~ICF/IID or	102776
another residential facility;	102777

(ii) Has indicated to the department an interest in	102778
relocating to the residential facility or has a parent or guardian	102779
who has indicated to the department an interest for the individual	102780
to relocate to the residential facility;	102781

(iii) The department determines the individual has needs that	102782
the residential facility can meet.	102783

(b) Provide the residential facility with information about	102784
the individual identified under division (C)(2)(a) of this section	102785
that the residential facility needs in order to determine whether	102786
the facility can meet the individual's needs.	102787

(4) If the department completes the actions specified in	102788
divisions (C)(3)(a) and (b) of this section not later than ninety	102789
days after the date of the commitment and except as provided in	102790
division (D) of this section, the residential facility does all of	102791
the following not later than ninety days after the date of the	102792
commitment:	102793

(a) Evaluates the information provided by the department;

102794

(b) Assesses the identified individual's needs;

102795

(c) Determines that the residential facility cannot meet the	102796
identified individual's needs.	102797

(5) If the department completes the actions specified in	102798
divisions (C)(3)(a) and (b) of this section not later than ninety	102799
days after the date of the commitment and the residential facility	102800
determines that the residential facility can meet the identified	102801
individual's needs, the individual, or a parent or guardian of the	102802
individual, refuses placement in the residential facility.	102803

(D) The department may reduce under division (B) of this	102804
section the number of residents for which a residential facility	102805
is licensed even though the residential facility completes the	102806
actions specified in division (C)(4) of this section not later	102807
than ninety days after the date of the commitment if all of the	102808
following are the case:	102809

(1) The department disagrees with the residential facility's	102810
determination that the residential facility cannot meet the	102811
identified individual's needs.	102812

(2) The department issues a written decision pursuant to the	102813
uniform procedures for admissions, transfers, and discharges	102814
established by rules adopted under division (H)(9) of section	102815
5123.19 of the Revised Code that the residential facility should	102816
admit the identified individual.	102817

(3) After the department issues the written decision	102818
specified in division (D)(2) of this section, the residential	102819
facility refuses to admit the identified individual.	102820

(E) A residential facility that admits, refuses to admit,	102821
transfers, or discharges a resident under this section shall	102822
comply with the uniform procedures for admissions, transfers, and	102823
discharges established by rules adopted under division (H)(9) of	102824
section 5123.19 of the Revised Code.	102825

~~(F) The department of developmental disabilities may notify~~	102826
~~the department of job and family services of any reduction under~~	102827
~~this section in the number of residents for which a residential~~	102828
~~facility that is an intermediate care facility for the mentally~~	102829
~~retarded is licensed. On receiving the notice, the department of~~	102830
~~job and family services may transfer to the department of~~	102831
~~developmental disabilities the savings in the nonfederal share of~~	102832
~~medicaid expenditures for each fiscal year after the year of the~~	102833
~~commitment to be used for costs of the resident's care in the~~	102834
~~state-operated intermediate care facility for the mentally~~	102835
~~retarded. In determining the amount saved, the department of job~~	102836
~~and family services shall consider medicaid payments for the~~	102837
~~remaining residents of the facility in which the resident resided.~~	102838

Sec. 5123.38. (A) Except as provided in division (B) of this	102839
section, if an individual receiving supported living or home and	102840
community-based services funded by a county board of developmental	102841
disabilities is committed to a state-operated ~~intermediate care~~	102842
~~facility for the mentally retarded~~ICF/IID pursuant to sections	102843
5123.71 to 5123.76 of the Revised Code, the county board is	102844
responsible for the nonfederal share of medicaid expenditures for	102845
the individual's care in the state-operated ~~facility~~ICF/IID. The	102846
department of developmental disabilities shall collect the amount	102847
of the nonfederal share from the county board by either	102848
withholding that amount from funds the department has otherwise	102849
allocated to the county board or submitting an invoice for payment	102850
of that amount to the county board.	102851

(B) Division (A) of this section does not apply under any of	102852
the following circumstances:	102853

(1) The county board, not later than ninety days after the	102854
date of the commitment of a person receiving supported living,	102855
commences funding of supported living for an individual who	102856
resides in a state-operated ~~intermediate care facility for the~~	102857
~~mentally retarded~~ICF/IID on the date of the commitment or another	102858
eligible individual designated by the department.	102859

(2) The county board, not later than ninety days after the	102860
date of the commitment of a person receiving home and	102861
community-based services, commences funding of home and	102862
community-based services for an individual who resides in a	102863
state-operated ~~intermediate care facility for the mentally~~	102864
~~retarded~~ICF/IID on the date of the commitment or another eligible	102865
individual designated by the department.	102866

(3) The director of developmental disabilities, after	102867
determining that circumstances warrant granting a waiver in an	102868
individual's case, grants the county board a waiver that exempts	102869
the county board from responsibility for the nonfederal share for	102870
that case.	102871

Sec. 5123.61. (A) As used in this section:

102872

(1) "Law enforcement agency" means the state highway patrol,	102873
the police department of a municipal corporation, or a county	102874
sheriff.	102875

(2) "Abuse" has the same meaning as in section 5123.50 of the	102876
Revised Code, except that it includes a misappropriation, as	102877
defined in that section.	102878

(3) "Neglect" has the same meaning as in section 5123.50 of	102879
the Revised Code.	102880

(B) The department of developmental disabilities shall	102881
establish a registry office for the purpose of maintaining reports	102882
of abuse, neglect, and other major unusual incidents made to the	102883
department under this section and reports received from county	102884
boards of developmental disabilities under section 5126.31 of the	102885
Revised Code. The department shall establish committees to review	102886
reports of abuse, neglect, and other major unusual incidents.	102887

(C)(1) Any person listed in division (C)(2) of this section,	102888
having reason to believe that a person with mental retardation or	102889
a developmental disability has suffered or faces a substantial	102890
risk of suffering any wound, injury, disability, or condition of	102891
such a nature as to reasonably indicate abuse or neglect of that	102892
person, shall immediately report or cause reports to be made of	102893
such information to the entity specified in this division. Except	102894
as provided in section 5120.173 of the Revised Code or as	102895
otherwise provided in this division, the person making the report	102896
shall make it to a law enforcement agency or to the county board	102897
of developmental disabilities. If the report concerns a resident	102898
of a facility operated by the department of developmental	102899
disabilities the report shall be made either to a law enforcement	102900
agency or to the department. If the report concerns any act or	102901
omission of an employee of a county board of developmental	102902
disabilities, the report immediately shall be made to the	102903
department and to the county board.	102904

(2) All of the following persons are required to make a	102905
report under division (C)(1) of this section:	102906

(a) Any physician, including a hospital intern or resident,	102907
any dentist, podiatrist, chiropractor, practitioner of a limited	102908
branch of medicine as specified in section 4731.15 of the Revised	102909
Code, hospital administrator or employee of a hospital, nurse	102910
licensed under Chapter 4723. of the Revised Code, employee of an	102911
ambulatory health facility as defined in section 5101.61 of the	102912
Revised Code, employee of a home health agency, employee of a	102913
residential facility licensed under section ~~5119.22~~5119.34 of the	102914
Revised Code that provides accommodations, supervision, and person	102915
care services for three to sixteen unrelated adults, or employee	102916
of a community mental health facility;	102917

(b) Any school teacher or school authority, social worker,	102918
psychologist, attorney, peace officer, coroner, or residents'	102919
rights advocate as defined in section 3721.10 of the Revised Code;	102920

(c) A superintendent, board member, or employee of a county	102921
board of developmental disabilities; an administrator, board	102922
member, or employee of a residential facility licensed under	102923
section 5123.19 of the Revised Code; an administrator, board	102924
member, or employee of any other public or private provider of	102925
services to a person with mental retardation or a developmental	102926
disability, or any MR/DD employee, as defined in section 5123.50	102927
of the Revised Code;	102928

(d) A member of a citizen's advisory council established at	102929
an institution or branch institution of the department of	102930
developmental disabilities under section 5123.092 of the Revised	102931
Code;	102932

(e) A member of the clergy who is employed in a position that	102933
includes providing specialized services to an individual with	102934
mental retardation or another developmental disability, while	102935
acting in an official or professional capacity in that position,	102936
or a person who is employed in a position that includes providing	102937
specialized services to an individual with mental retardation or	102938
another developmental disability and who, while acting in an	102939
official or professional capacity, renders spiritual treatment	102940
through prayer in accordance with the tenets of an organized	102941
religion.	102942

(3)(a) The reporting requirements of this division do not	102943
apply to employees of the Ohio protection and advocacy system.	102944

(b) An attorney or physician is not required to make a report	102945
pursuant to division (C)(1) of this section concerning any	102946
communication the attorney or physician receives from a client or	102947
patient in an attorney-client or physician-patient relationship,	102948
if, in accordance with division (A) or (B) of section 2317.02 of	102949
the Revised Code, the attorney or physician could not testify with	102950
respect to that communication in a civil or criminal proceeding,	102951
except that the client or patient is deemed to have waived any	102952
testimonial privilege under division (A) or (B) of section 2317.02	102953
of the Revised Code with respect to that communication and the	102954
attorney or physician shall make a report pursuant to division	102955
(C)(1) of this section, if both of the following apply:	102956

(i) The client or patient, at the time of the communication,	102957
is a person with mental retardation or a developmental disability.	102958

(ii) The attorney or physician knows or suspects, as a result	102959
of the communication or any observations made during that	102960
communication, that the client or patient has suffered or faces a	102961
substantial risk of suffering any wound, injury, disability, or	102962
condition of a nature that reasonably indicates abuse or neglect	102963
of the client or patient.	102964

(4) Any person who fails to make a report required under	102965
division (C) of this section and who is an MR/DD employee, as	102966
defined in section 5123.50 of the Revised Code, shall be eligible	102967
to be included in the registry regarding misappropriation, abuse,	102968
neglect, or other specified misconduct by MR/DD employees	102969
established under section 5123.52 of the Revised Code.	102970

(D) The reports required under division (C) of this section	102971
shall be made forthwith by telephone or in person and shall be	102972
followed by a written report. The reports shall contain the	102973
following:	102974

(1) The names and addresses of the person with mental	102975
retardation or a developmental disability and the person's	102976
custodian, if known;	102977

(2) The age of the person with mental retardation or a	102978
developmental disability;	102979

(3) Any other information that would assist in the	102980
investigation of the report.	102981

(E) When a physician performing services as a member of the	102982
staff of a hospital or similar institution has reason to believe	102983
that a person with mental retardation or a developmental	102984
disability has suffered injury, abuse, or physical neglect, the	102985
physician shall notify the person in charge of the institution or	102986
that person's designated delegate, who shall make the necessary	102987
reports.	102988

(F) Any person having reasonable cause to believe that a	102989
person with mental retardation or a developmental disability has	102990
suffered or faces a substantial risk of suffering abuse or neglect	102991
may report or cause a report to be made of that belief to the	102992
entity specified in this division. Except as provided in section	102993
5120.173 of the Revised Code or as otherwise provided in this	102994
division, the person making the report shall make it to a law	102995
enforcement agency or the county board of developmental	102996
disabilities. If the person is a resident of a facility operated	102997
by the department of developmental disabilities, the report shall	102998
be made to a law enforcement agency or to the department. If the	102999
report concerns any act or omission of an employee of a county	103000
board of developmental disabilities, the report immediately shall	103001
be made to the department and to the county board.	103002

(G)(1) Upon the receipt of a report concerning the possible	103003
abuse or neglect of a person with mental retardation or a	103004
developmental disability, the law enforcement agency shall inform	103005
the county board of developmental disabilities or, if the person	103006
is a resident of a facility operated by the department of	103007
developmental disabilities, the director of the department or the	103008
director's designee.	103009

(2) On receipt of a report under this section that includes	103010
an allegation of action or inaction that may constitute a crime	103011
under federal law or the law of this state, the department of	103012
developmental disabilities shall notify the law enforcement	103013
agency.	103014

(3) When a county board of developmental disabilities	103015
receives a report under this section that includes an allegation	103016
of action or inaction that may constitute a crime under federal	103017
law or the law of this state, the superintendent of the board or	103018
an individual the superintendent designates under division (H) of	103019
this section shall notify the law enforcement agency. The	103020
superintendent or individual shall notify the department of	103021
developmental disabilities when it receives any report under this	103022
section.	103023

(4) When a county board of developmental disabilities	103024
receives a report under this section and believes that the degree	103025
of risk to the person is such that the report is an emergency, the	103026
superintendent of the board or an employee of the board the	103027
superintendent designates shall attempt a face-to-face contact	103028
with the person with mental retardation or a developmental	103029
disability who allegedly is the victim within one hour of the	103030
board's receipt of the report.	103031

(H) The superintendent of the board may designate an	103032
individual to be responsible for notifying the law enforcement	103033
agency and the department when the county board receives a report	103034
under this section.	103035

(I) An adult with mental retardation or a developmental	103036
disability about whom a report is made may be removed from the	103037
adult's place of residence only by law enforcement officers who	103038
consider that the adult's immediate removal is essential to	103039
protect the adult from further injury or abuse or in accordance	103040
with the order of a court made pursuant to section 5126.33 of the	103041
Revised Code.	103042

(J) A law enforcement agency shall investigate each report of	103043
abuse or neglect it receives under this section. In addition, the	103044
department, in cooperation with law enforcement officials, shall	103045
investigate each report regarding a resident of a facility	103046
operated by the department to determine the circumstances	103047
surrounding the injury, the cause of the injury, and the person	103048
responsible. The investigation shall be in accordance with the	103049
memorandum of understanding prepared under section 5126.058 of the	103050
Revised Code. The department shall determine, with the registry	103051
office which shall be maintained by the department, whether prior	103052
reports have been made concerning an adult with mental retardation	103053
or a developmental disability or other principals in the case. If	103054
the department finds that the report involves action or inaction	103055
that may constitute a crime under federal law or the law of this	103056
state, it shall submit a report of its investigation, in writing,	103057
to the law enforcement agency. If the person with mental	103058
retardation or a developmental disability is an adult, with the	103059
consent of the adult, the department shall provide such protective	103060
services as are necessary to protect the adult. The law	103061
enforcement agency shall make a written report of its findings to	103062
the department.	103063

If the person is an adult and is not a resident of a facility	103064
operated by the department, the county board of developmental	103065
disabilities shall review the report of abuse or neglect in	103066
accordance with sections 5126.30 to 5126.33 of the Revised Code	103067
and the law enforcement agency shall make the written report of	103068
its findings to the county board.	103069

(K) Any person or any hospital, institution, school, health	103070
department, or agency participating in the making of reports	103071
pursuant to this section, any person participating as a witness in	103072
an administrative or judicial proceeding resulting from the	103073
reports, or any person or governmental entity that discharges	103074
responsibilities under sections 5126.31 to 5126.33 of the Revised	103075
Code shall be immune from any civil or criminal liability that	103076
might otherwise be incurred or imposed as a result of such actions	103077
except liability for perjury, unless the person or governmental	103078
entity has acted in bad faith or with malicious purpose.	103079

(L) No employer or any person with the authority to do so	103080
shall discharge, demote, transfer, prepare a negative work	103081
performance evaluation, reduce pay or benefits, terminate work	103082
privileges, or take any other action detrimental to an employee or	103083
retaliate against an employee as a result of the employee's having	103084
made a report under this section. This division does not preclude	103085
an employer or person with authority from taking action with	103086
regard to an employee who has made a report under this section if	103087
there is another reasonable basis for the action.	103088

(M) Reports made under this section are not public records as	103089
defined in section 149.43 of the Revised Code. Information	103090
contained in the reports on request shall be made available to the	103091
person who is the subject of the report, to the person's legal	103092
counsel, and to agencies authorized to receive information in the	103093
report by the department or by a county board of developmental	103094
disabilities.	103095

(N) Notwithstanding section 4731.22 of the Revised Code, the	103096
physician-patient privilege shall not be a ground for excluding	103097
evidence regarding the injuries or physical neglect of a person	103098
with mental retardation or a developmental disability or the cause	103099
thereof in any judicial proceeding resulting from a report	103100
submitted pursuant to this section.	103101

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	103102
(E), and (F) of this section, the chief medical officer shall	103103
provide all information, including expected physical and medical	103104
consequences, necessary to enable any resident of an institution	103105
for the mentally retarded to give a fully informed, intelligent,	103106
and knowing consent if any of the following procedures are	103107
proposed:	103108

(1) Surgery;

103109

(2) Convulsive therapy;

103110

(3) Major aversive interventions;

103111

(4) Sterilization;

103112

(5) Experimental procedures;

103113

(6) Any unusual or hazardous treatment procedures.

103114

(B) No resident shall be subjected to any of the procedures	103115
listed in division (A)(4), (5), or (6) of this section without the	103116
resident's informed consent.	103117

(C) If a resident is physically or mentally unable to receive	103118
the information required for surgery under division (A)(1) of this	103119
section, or has been adjudicated incompetent, the information may	103120
be provided to the resident's natural or court-appointed guardian,	103121
including an agency providing guardianship services under contract	103122
with the department of developmental disabilities under sections	103123
5123.55 to 5123.59 of the Revised Code, who may give the informed,	103124
intelligent, and knowing written consent for surgery. Consent for	103125
surgery shall not be provided by a guardian who is an officer or	103126
employee of the department of ~~mental health~~mental health and	103127
addiction services or the department of developmental	103128
disabilities.	103129

If a resident is physically or mentally unable to receive the	103130
information required for surgery under division (A)(1) of this	103131
section and has no guardian, then the information, the	103132
recommendation of the chief medical officer, and the concurring	103133
judgment of a licensed physician who is not a full-time employee	103134
of the state may be provided to the court in the county in which	103135
the institution is located, which may approve the surgery. Before	103136
approving the surgery, the court shall notify the Ohio protection	103137
and advocacy system created by section 5123.60 of the Revised	103138
Code, and shall notify the resident of the resident's rights to	103139
consult with counsel, to have counsel appointed by the court if	103140
the resident is indigent, and to contest the recommendation of the	103141
chief medical officer.	103142

(D) If, in the judgment of two licensed physicians, delay in	103143
obtaining consent for surgery would create a grave danger to the	103144
health of a resident, emergency surgery may be performed without	103145
the consent of the resident if the necessary information is	103146
provided to the resident's guardian, including an agency providing	103147
guardianship services under contract with the department of	103148
developmental disabilities under sections 5123.55 to 5123.59 of	103149
the Revised Code, or to the resident's spouse or next of kin to	103150
enable that person or agency to give an informed, intelligent, and	103151
knowing written consent.	103152

If the guardian, spouse, or next of kin cannot be contacted	103153
through exercise of reasonable diligence, or if the guardian,	103154
spouse, or next of kin is contacted, but refuses to consent, then	103155
the emergency surgery may be performed upon the written	103156
authorization of the chief medical officer and after court	103157
approval has been obtained. However, if delay in obtaining court	103158
approval would create a grave danger to the life of the resident,	103159
the chief medical officer may authorize surgery, in writing,	103160
without court approval. If the surgery is authorized without court	103161
approval, the chief medical officer who made the authorization and	103162
the physician who performed the surgery shall each execute an	103163
affidavit describing the circumstances constituting the emergency	103164
and warranting the surgery and the circumstances warranting their	103165
not obtaining prior court approval. The affidavit shall be filed	103166
with the court with which the request for prior approval would	103167
have been filed within five court days after the surgery, and a	103168
copy of the affidavit shall be placed in the resident's file and	103169
shall be given to the guardian, spouse, or next of kin of the	103170
resident, to the hospital at which the surgery was performed, and	103171
to the Ohio protection and advocacy system created by section	103172
5123.60 of the Revised Code.	103173

(E)(1) If it is the judgment of two licensed physicians, as	103174
described in division (E)(2) of this section, that a medical	103175
emergency exists and delay in obtaining convulsive therapy creates	103176
a grave danger to the life of a resident who is both mentally	103177
retarded and mentally ill, convulsive therapy may be administered	103178
without the consent of the resident if the resident is physically	103179
or mentally unable to receive the information required for	103180
convulsive therapy and if the necessary information is provided to	103181
the resident's natural or court-appointed guardian, including an	103182
agency providing guardianship services under contract with the	103183
department of developmental disabilities under sections 5123.55 to	103184
5123.59 of the Revised Code, or to the resident's spouse or next	103185
of kin to enable that person or agency to give an informed,	103186
intelligent, and knowing written consent. If neither the	103187
resident's guardian, spouse, nor next of kin can be contacted	103188
through exercise of reasonable diligence, or if the guardian,	103189
spouse, or next of kin is contacted, but refuses to consent, then	103190
convulsive therapy may be performed upon the written authorization	103191
of the chief medical officer and after court approval has been	103192
obtained.	103193

(2) The two licensed physicians referred to in division	103194
(E)(1) of this section shall not be associated with each other in	103195
the practice of medicine or surgery by means of a partnership or	103196
corporate arrangement, other business arrangement, or employment.	103197
At least one of the physicians shall be a psychiatrist as defined	103198
in division (E) of section 5122.01 of the Revised Code.	103199

(F) Major aversive interventions shall not be used unless a	103200
resident continues to engage in behavior destructive to self or	103201
others after other forms of therapy have been attempted. Major	103202
aversive interventions shall not be applied to a voluntary	103203
resident without the informed, intelligent, and knowing written	103204
consent of the resident or the resident's guardian, including an	103205
agency providing guardianship services under contract with the	103206
department of developmental disabilities under sections 5123.55 to	103207
5123.59 of the Revised Code.	103208

(G)(1) This chapter does not authorize any form of compulsory	103209
medical or psychiatric treatment of any resident who is being	103210
treated by spiritual means through prayer alone in accordance with	103211
a recognized religious method of healing.	103212

(2) For purposes of this section, "convulsive therapy" does	103213
not include defibrillation.	103214

Sec. 5124.01. As used in this chapter:

103215

(A) "Affiliated operator" means an operator affiliated with	103216
either of the following:	103217

(1) The exiting operator for whom the affiliated operator is	103218
to assume liability for the entire amount of the exiting	103219
operator's debt under the medicaid program or the portion of the	103220
debt that represents the franchise permit fee the exiting operator	103221
owes;	103222

(2) The entering operator involved in the change of operator	103223
with the exiting operator specified in division (A)(1) of this	103224
section.	103225

(B) "Allowable costs" means an ICF/IID's costs that the	103226
department of developmental disabilities determines are	103227
reasonable. Fines paid under section 5124.99 of the Revised Code	103228
are not allowable costs.	103229

(C) "Capital costs" means an ICF/IID's costs of ownership and	103230
costs of nonextensive renovation.	103231

(D) "Case-mix score" means the measure determined under	103232
section 5124.192 of the Revised Code of the relative direct-care	103233
resources needed to provide care and habilitation to an ICF/IID	103234
resident.	103235

(E) "Change of operator" means an entering operator becoming	103236
the operator of an ICF/IID in the place of the exiting operator.	103237

(1) Actions that constitute a change of operator include the	103238
following:	103239

(a) A change in an exiting operator's form of legal	103240
organization, including the formation of a partnership or	103241
corporation from a sole proprietorship;	103242

(b) A transfer of all the exiting operator's ownership	103243
interest in the operation of the ICF/IID to the entering operator,	103244
regardless of whether ownership of any or all of the real property	103245
or personal property associated with the ICF/IID is also	103246
transferred;	103247

(c) A lease of the ICF/IID to the entering operator or the	103248
exiting operator's termination of the exiting operator's lease;	103249

(d) If the exiting operator is a partnership, dissolution of	103250
the partnership;	103251

(e) If the exiting operator is a partnership, a change in	103252
composition of the partnership unless both of the following apply:	103253

(i) The change in composition does not cause the	103254
partnership's dissolution under state law.	103255

(ii) The partners agree that the change in composition does	103256
not constitute a change in operator.	103257

(f) If the operator is a corporation, dissolution of the	103258
corporation, a merger of the corporation into another corporation	103259
that is the survivor of the merger, or a consolidation of one or	103260
more other corporations to form a new corporation.	103261

(2) The following, alone, do not constitute a change of	103262
operator:	103263

(a) A contract for an entity to manage an ICF/IID as the	103264
operator's agent, subject to the operator's approval of daily	103265
operating and management decisions;	103266

(b) A change of ownership, lease, or termination of a lease	103267
of real property or personal property associated with an ICF/IID	103268
if an entering operator does not become the operator in place of	103269
an exiting operator;	103270

(c) If the operator is a corporation, a change of one or more	103271
members of the corporation's governing body or transfer of	103272
ownership of one or more shares of the corporation's stock, if the	103273
same corporation continues to be the operator.	103274

(F) "Cost center" means the following:

103275

(1) Capital costs;

103276

(2) Direct care costs;

103277

(3) Indirect care costs;

103278

(4) Other protected costs.

103279

(G) "Costs of nonextensive renovations" means the actual	103280
expense incurred by an ICF/IID for depreciation or amortization	103281
and interest on renovations that are not extensive renovations.	103282

(H)(1) "Costs of ownership" means the actual expenses	103283
incurred by an ICF/IID for all of the following:	103284

(a) Subject to division (H)(2) of this section, depreciation	103285
and interest on any capital assets that cost five hundred dollars	103286
or more per item, including the following:	103287

(i) Buildings;

103288

(ii) Building improvements that are not approved as	103289
nonextensive renovations under section 5124.17 of the Revised	103290
Code;	103291

(iii) Equipment;

103292

(iv) Extensive renovations;

103293

(v) Transportation equipment.

103294

(b) Amortization and interest on land improvements and	103295
leasehold improvements;	103296

103297

(d) Except as provided in division (Z) of this section, lease	103298
and rent of land, building, and equipment.	103299

(2) The costs of capital assets of less than five hundred	103300
dollars per item may be considered costs of ownership in	103301
accordance with an ICF/IID provider's practice.	103302

(I)(1) "Date of licensure" means the following:

103303

(a) In the case of an ICF/IID that was originally licensed as	103304
a nursing home under Chapter 3721. of the Revised Code, the date	103305
that it was originally so licensed, regardless that it was	103306
subsequently licensed as a residential facility under section	103307
5123.19 of the Revised Code;	103308

(b) In the case of an ICF/IID that was originally licensed as	103309
a residential facility under section 5123.19 of the Revised Code,	103310
the date it was originally so licensed;	103311

(c) In the case of an ICF/IID that was not required by law to	103312
be licensed as a nursing home or residential facility when it was	103313
originally operated as a residential facility, the date it first	103314
was operated as a residential facility, regardless of the date the	103315
ICF/IID was first licensed as a nursing home or residential	103316
facility.	103317

(2) If, after an ICF/IID's original date of licensure, more	103318
residential facility beds are added to the ICF/IID or all or part	103319
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	103320
a different date of licensure for the additional beds or	103321
extensively renovated portion of the ICF/IID. This does not apply,	103322
however, to additional beds when both of the following apply:	103323

(a) The additional beds are located in a part of the ICF/IID	103324
that was constructed at the same time as the continuing beds	103325
already located in that part of the ICF/IID;	103326

(b) The part of the ICF/IID in which the additional beds are	103327
located was constructed as part of the ICF/IID at a time when the	103328
ICF/IID was not required by law to be licensed as a nursing home	103329
or residential facility.	103330

(3) The definition of "date of licensure" in this section	103331
applies in determinations of ICFs/IID's medicaid payment rates but	103332
does not apply in determinations of ICFs/IID's franchise permit	103333
fees under sections 5168.60 to 5168.71 of the Revised Code.	103334

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	103335
on a cost report filed under section 5124.10 or 5124.101 of the	103336
Revised Code have been subjected to a desk review under section	103337
5124.108 of the Revised Code and preliminarily determined to be	103338
allowable costs.	103339

(K) "Developmental center" means a residential facility that	103340
is maintained and operated by the department of developmental	103341
disabilities.	103342

(L) "Direct care costs" means all of the following costs	103343
incurred by an ICF/IID:	103344

(1) Costs for registered nurses, licensed practical nurses,	103345
and nurse aides employed by the ICF/IID;	103346

(2) Costs for direct care staff, administrative nursing	103347
staff, medical directors, respiratory therapists, physical	103348
therapists, physical therapy assistants, occupational therapists,	103349
occupational therapy assistants, speech therapists, audiologists,	103350
habilitation staff (including habilitation supervisors), qualified	103351
intellectual disability professionals, program directors, social	103352
services staff, activities staff, off-site day programming,	103353
psychologists, psychology assistants, social workers, counselors,	103354
and other persons holding degrees qualifying them to provide	103355
therapy;	103356

(3) Costs of purchased nursing services;

103357

(4) Costs of training and staff development, employee	103358
benefits, payroll taxes, and workers' compensation premiums or	103359
costs for self-insurance claims and related costs as specified in	103360
rules adopted under section 5124.03 of the Revised Code, for	103361
personnel listed in divisions (L)(1), (2), and (3) of this	103362
section;	103363

(5) Costs of quality assurance;

103364

(6) Costs of consulting and management fees related to direct	103365
care;	103366

(7) Allocated direct care home office costs;

103367

(8) Costs of other direct-care resources that are specified	103368
as direct care costs in rules adopted under section 5124.03 of the	103369
Revised Code.	103370

(M) "Downsized ICF/IID" means an ICF/IID that permanently	103371
reduced its medicaid-certified capacity pursuant to a plan	103372
approved by the department of developmental disabilities under	103373
section 5123.042 of the Revised Code.	103374

(N) "Effective date of a change of operator" means the day	103375
the entering operator becomes the operator of the ICF/IID.	103376

(O) "Effective date of a facility closure" means the last day	103377
that the last of the residents of the ICF/IID resides in the	103378
ICF/IID.	103379

(P) "Effective date of an involuntary termination" means the	103380
date the department of medicaid terminates the operator's provider	103381
agreement for the ICF/IID or the last day that such a provider	103382
agreement is in effect when the department cancels or refuses to	103383
revalidate it.	103384

(Q) "Effective date of a voluntary termination" means the day	103385
the ICF/IID ceases to accept medicaid recipients.	103386

(R) "Entering operator" means the person or government entity	103387
that will become the operator of an ICF/IID when a change of	103388
operator occurs or following an involuntary termination.	103389

(S) "Exiting operator" means any of the following:

103390

(1) An operator that will cease to be the operator of an	103391
ICF/IID on the effective date of a change of operator;	103392

(2) An operator that will cease to be the operator of an	103393
ICF/IID on the effective date of a facility closure;	103394

(3) An operator of an ICF/IID that is undergoing or has	103395
undergone a voluntary termination;	103396

(4) An operator of an ICF/IID that is undergoing or has	103397
undergone an involuntary termination.	103398

(T)(1) "Extensive renovation" means the following:

103399

(a) An ICF/IID's betterment, improvement, or restoration to	103400
which both of the following apply:	103401

(i) It was started before July 1, 1993;

103402

(ii) It meets the definition of "extensive renovation"	103403
established in rules that were adopted by the director of job and	103404
family services and in effect on December 22, 1992.	103405

(b) An ICF/IID's betterment, improvement, or restoration to	103406
which all of the following apply:	103407

(i) It was started on or after July 1, 1993;

103408

(ii) Except as provided in division (T)(2) of this section,	103409
it costs more than sixty-five per cent and not more than	103410
eighty-five per cent of the cost of constructing a new bed;	103411

(iii) It extends the useful life of the assets for at least	103412
ten years.	103413

(2) The department of developmental disabilities may treat a	103414
renovation that costs more than eighty-five per cent of the cost	103415
of constructing new beds as an extensive renovation if the	103416
department determines that the renovation is more prudent than	103417
construction of new beds.	103418

(3) For the purpose of division (T)(1)(b)(ii) of this	103419
section, the cost of constructing a new bed shall be considered to	103420
be forty thousand dollars, adjusted for the estimated rate of	103421
inflation from January 1, 1993, to the end of the calendar year	103422
during which the extensive renovation is completed, using the	103423
consumer price index for shelter costs for all urban consumers for	103424
the north central region, as published by the United States bureau	103425
of labor statistics.	103426

(U)(1) Subject to divisions (U)(2) and (3) of this section,	103427
"facility closure" means either of the following:	103428

(a) Discontinuance of the use of the building, or part of the	103429
building, that houses the facility as an ICF/IID that results in	103430
the relocation of all of the facility's residents;	103431

(b) Conversion of the building, or part of the building, that	103432
houses an ICF/IID to a different use with any necessary license or	103433
other approval needed for that use being obtained and one or more	103434
of the facility's residents remaining in the facility to receive	103435
services under the new use.	103436

(2) A facility closure occurs regardless of any of the	103437
following:	103438

(a) The operator completely or partially replacing the	103439
ICF/IID by constructing a new ICF/IID or transferring the	103440
ICF/IID's license to another ICF/IID;	103441

(b) The ICF/IID's residents relocating to another of the	103442
operator's ICFs/IID;	103443

(c) Any action the department of health takes regarding the	103444
ICF/IID's medicaid certification that may result in the transfer	103445
of part of the ICF/IID's survey findings to another of the	103446
operator's ICFs/IID;	103447

(d) Any action the department of developmental disabilities	103448
takes regarding the ICF/IID's license under section 5123.19 of the	103449
Revised Code.	103450

(3) A facility closure does not occur if all of the ICF/IID's	103451
residents are relocated due to an emergency evacuation and one or	103452
more of the residents return to a medicaid-certified bed in the	103453
ICF/IID not later than thirty days after the evacuation occurs.	103454

(V) "Fiscal year" means the fiscal year of this state, as	103455
specified in section 9.34 of the Revised Code.	103456

(W) "Franchise permit fee" means the fee imposed by sections	103457
5168.60 to 5168.71 of the Revised Code.	103458

(X) "Home and community-based services" has the same meaning	103459
as in section 5123.01 of the Revised Code.	103460

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	103461
440.150.	103462

(Z)(1) "Indirect care costs" means all reasonable costs	103463
incurred by an ICF/IID other than capital costs, direct care	103464
costs, and other protected costs. "Indirect care costs" includes	103465
costs of habilitation supplies, pharmacy consultants, medical and	103466
habilitation records, program supplies, incontinence supplies,	103467
food, enterals, dietary supplies and personnel, laundry,	103468
housekeeping, security, administration, liability insurance,	103469
bookkeeping, purchasing department, human resources,	103470
communications, travel, dues, license fees, subscriptions, home	103471
office costs not otherwise allocated, legal services, accounting	103472
services, minor equipment, maintenance and repair expenses,	103473
help-wanted advertising, informational advertising, start-up	103474
costs, organizational expenses, other interest, property	103475
insurance, employee training and staff development, employee	103476
benefits, payroll taxes, and workers' compensation premiums or	103477
costs for self-insurance claims and related costs, as specified in	103478
rules adopted under section 5124.03of the Revised Code, for	103479
personnel listed in this division. Notwithstanding division (H) of	103480
this section, "indirect care costs" also means the cost of	103481
equipment, including vehicles, acquired by operating lease	103482
executed before December 1, 1992, if the costs are reported as	103483
administrative and general costs on the ICF/IID's cost report for	103484
the cost reporting period ending December 31, 1992.	103485

(2) For the purpose of division (Z)(1) of this section, an	103486
operating lease shall be construed in accordance with generally	103487
accepted accounting principles.	103488

(AA) "Inpatient days" means both of the following:

103489

(1) All days during which a resident, regardless of payment	103490
source, occupies a bed in an ICF/IID that is included in the	103491
ICF/IID's medicaid-certified capacity;	103492

(2) All days for which payment is made under section 5124.34	103493
of the Revised Code.	103494

(BB) "Intermediate care facility for individuals with	103495
disabilities" and "ICF/IID" mean an intermediate care facility for	103496
the mentally retarded as defined in the "Social Security Act,"	103497
section 1905(d), 42 U.S.C. 1396d(d).	103498

(CC) "Involuntary termination" means the department of	103499
medicaid's termination of, cancellation of, or refusal to	103500
revalidate the operator's provider agreement for the ICF/IID when	103501
such action is not taken at the operator's request.	103502

(DD) "Maintenance and repair expenses" means, except as	103503
provided in division (TT)(2)(b) of this section, expenditures that	103504
are necessary and proper to maintain an asset in a normally	103505
efficient working condition and that do not extend the useful life	103506
of the asset two years or more. "Maintenance and repair expenses"	103507
includes the costs of ordinary repairs such as painting and	103508
wallpapering.	103509

(EE) "Medicaid-certified capacity" means the number of an	103510
ICF/IID's beds that are certified for participation in medicaid as	103511
ICF/IID beds.	103512

(FF) "Medicaid days" means both of the following:

103513

(1) All days during which a resident who is a medicaid	103514
recipient eligible for ICF/IID services occupies a bed in an	103515
ICF/IID that is included in the ICF/IID's medicaid-certified	103516
capacity;	103517

(2) All days for which payment is made under section 5124.34	103518
of the Revised Code.	103519

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	103520
obtains an initial provider agreement following the director of	103521
health's medicaid certification of the ICF/IID, including such an	103522
ICF/IID that replaces one or more ICFs/IID for which a provider	103523
previously held a provider agreement.	103524

(2) "New ICF/IID" does not mean either of the following:

103525

(a) An ICF/IID for which the entering operator seeks a	103526
provider agreement pursuant to section 5124.511 or 5124.512 or	103527
(pursuant to section 5124.515) section 5124.07 of the Revised	103528
Code;	103529

(b) A downsized ICF/IID or partially converted ICF/IID.

103530

(HH) "Nursing home" has the same meaning as in section	103531
3721.01 of the Revised Code.	103532

(II) "Operator" means the person or government entity	103533
responsible for the daily operating and management decisions for	103534
an ICF/IID.	103535

(JJ) "Other protected costs" means costs incurred by an	103536
ICF/MR for medical supplies; real estate, franchise, and property	103537
taxes; natural gas, fuel oil, water, electricity, sewage, and	103538
refuse and hazardous medical waste collection; allocated other	103539
protected home office costs; and any additional costs defined as	103540
other protected costs in rules adopted under section 5124.03 of	103541
the Revised Code.	103542

(KK)(1) "Owner" means any person or government entity that	103543
has at least five per cent ownership or interest, either directly,	103544
indirectly, or in any combination, in any of the following	103545
regarding an ICF/IID:	103546

(a) The land on which the ICF/IID is located;

103547

(b) The structure in which the ICF/IID is located;

103548

(c) Any mortgage, contract for deed, or other obligation	103549
secured in whole or in part by the land or structure on or in	103550
which the ICF/IID is located;	103551

(d) Any lease or sublease of the land or structure on or in	103552
which the ICF/IID is located.	103553

(2) "Owner" does not mean a holder of a debenture or bond	103554
related to an ICF/IID and purchased at public issue or a regulated	103555
lender that has made a loan related to the ICF/IID unless the	103556
holder or lender operates the ICF/IID directly or through a	103557
subsidiary.	103558

(LL) "Partially converted ICF/IID" means an ICF/IID that	103559
converted some, but not all, of its beds to providing home and	103560
community-based services under the individual options waiver	103561
pursuant to section 5124.60 or 5124.61 of the Revised Code.	103562

(MM)(1) Except as provided in divisions (MM)(2) and (3) of	103563
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	103564
allowable costs in a given cost center in a cost reporting period,	103565
divided by the facility's inpatient days for that cost reporting	103566
period.	103567

(2) When determining capital costs for the purpose of section	103568
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	103569
allowable capital costs in a cost-reporting period divided by the	103570
greater of the facility's inpatient days for that period or the	103571
number of inpatient days the ICF/IID would have had during that	103572
period if its occupancy rate had been ninety-five per cent.	103573

(3) When determining indirect care costs for the purpose of	103574
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	103575
actual, allowable indirect care costs in a cost-reporting period	103576
divided by the greater of the ICF/IID's inpatient days for that	103577
period or the number of inpatient days the ICF/IID would have had	103578
during that period if its occupancy rate had been eighty-five per	103579
cent.	103580

(NN) "Provider" means an operator with a valid provider	103581
agreement.	103582

(OO) "Provider agreement" means a provider agreement, as	103583
defined in section 5164.01 of the Revised Code, that is between	103584
the department of medicaid and the operator of an ICF/IID for the	103585
provision of ICF/IID services under the medicaid program.	103586

(PP) "Purchased nursing services" means services that are	103587
provided in an ICF/IID by registered nurses, licensed practical	103588
nurses, or nurse aides who are not employees of the ICF/IID.	103589

(QQ) "Reasonable" means that a cost is an actual cost that is	103590
appropriate and helpful to develop and maintain the operation of	103591
resident care facilities and activities, including normal standby	103592
costs, and that does not exceed what a prudent buyer pays for a	103593
given item or services. Reasonable costs may vary from provider to	103594
provider and from time to time for the same provider.	103595

(RR) "Related party" means an individual or organization	103596
that, to a significant extent, has common ownership with, is	103597
associated or affiliated with, has control of, or is controlled	103598
by, a provider.	103599

(1) An individual who is a relative of an owner is a related	103600
party.	103601

(2) Common ownership exists when an individual or individuals	103602
possess significant ownership or equity in both the provider and	103603
the other organization. Significant ownership or equity exists	103604
when an individual or individuals possess five per cent ownership	103605
or equity in both the provider and a supplier. Significant	103606
ownership or equity is presumed to exist when an individual or	103607
individuals possess ten per cent ownership or equity in both the	103608
provider and another organization from which the provider	103609
purchases or leases real property.	103610

(3) Control exists when an individual or organization has the	103611
power, directly or indirectly, to significantly influence or	103612
direct the actions or policies of an organization.	103613

(4) An individual or organization that supplies goods or	103614
services to a provider shall not be considered a related party if	103615
all of the following conditions are met:	103616

(a) The supplier is a separate bona fide organization.

103617

(b) A substantial part of the supplier's business activity of	103618
the type carried on with the provider is transacted with others	103619
than the provider and there is an open, competitive market for the	103620
types of goods or services the supplier furnishes.	103621

(c) The types of goods or services are commonly obtained by	103622
other ICFs/IID from outside organizations and are not a basic	103623
element of resident care ordinarily furnished directly to	103624
residents by the ICFs/IID.	103625

(d) The charge to the provider is in line with the charge for	103626
the goods or services in the open market and no more than the	103627
charge made under comparable circumstances to others by the	103628
supplier.	103629

(SS) "Relative of owner" means an individual who is related	103630
to an owner of an ICF/IID by one of the following relationships:	103631

(1) Spouse;

103632

(2) Natural parent, child, or sibling;

103633

(3) Adopted parent, child, or sibling;

103634

(4) Stepparent, stepchild, stepbrother, or stepsister;

103635

(5) Father-in-law, mother-in-law, son-in-law,	103636
daughter-in-law, brother-in-law, or sister-in-law;	103637

(6) Grandparent or grandchild;

103638

(7) Foster caregiver, foster child, foster brother, or foster	103639
sister.	103640

(TT)(1) "Renovation" means the following:

103641

(a) An ICF/IID's betterment, improvement, or restoration to	103642
which both of the following apply:	103643

(i) It was started before July 1, 1993;

103644

(ii) It meets the definition of "renovation" established in	103645
rules that were adopted by the director of job and family services	103646
and in effect on December 22, 1992.	103647

(b) An ICF/IID's betterment, improvement, or restoration to	103648
which both of the following apply:	103649

(i) It was started on or after July 1, 1993;

103650

(ii) It betters, improves, or restores the ICF/IID beyond its	103651
current functional capacity through a structural change that costs	103652
at least five hundred dollars per bed.	103653

(2) A renovation started on or after July 1, 1993, may	103654
include both of the following:	103655

(a) A betterment, improvement, restoration, or replacement of	103656
assets that are affixed to a building and have a useful life of at	103657
least five years;	103658

(b) Costs that otherwise would be considered maintenance and	103659
repair expenses if they are an integral part of the structural	103660
change that makes up the renovation project.	103661

(3) "Renovation" does not mean construction of additional	103662
space for beds that will be added to an ICF/IID's licensed	103663
capacity or medicaid-certified capacity.	103664

(UU) "Residential facility" has the same meaning as in	103665
section 5123.19 of the Revised Code.	103666

(VV) "Sponsor" means an adult relative, friend, or guardian	103667
of an ICF/IID resident who has an interest or responsibility in	103668
the resident's welfare.	103669

(WW) "Title XIX" means Title XIX of the "Social Security	103670
Act," 42 U.S.C. 1396, et seq.	103671

(XX) "Title XVIII" means Title XVIII of the "Social Security	103672
Act," 42 U.S.C. 1395, et seq.	103673

(YY) "Voluntary termination" means an operator's voluntary	103674
election to terminate the participation of an ICF/IID in the	103675
medicaid program but to continue to provide service of the type	103676
provided by a residential facility as defined in section 5123.19	103677
of the Revised Code.	103678

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	103679
~~of the United States secretary of health and human services, the~~	103680
The department of ~~job and family services~~medicaid shall enter	103681
into a contract with the department of developmental disabilities	103682
under section ~~5111.91~~5162.35 of the Revised Code that provides	103683
for the department of developmental disabilities to assume the	103684
powers and duties of the department of ~~job and family services~~	103685
medicaid with regard to the medicaid program's coverage of	103686
ICF/IID services ~~provided by intermediate care facilities for the~~	103687
~~mentally retarded~~. The contract shall include a schedule for the	103688
assumption of the powers and duties. The contract may provide for	103689
the department of medicaid to perform one or more duties of the	103690
department of developmental disabilities under sections 5124.50 to	103691
5124.53 of the Revised Code. Except as otherwise authorized by the	103692
United States secretary of health and human services, no provision	103693
of the contract may violate a federal law or regulation governing	103694
the medicaid program. ~~Once the contract goes into effect, all~~	103695
~~references to the department of job and family services, and all~~	103696
~~references to the director of job and family services, with regard~~	103697
~~to intermediate care facilities for the mentally retarded that are~~	103698
~~in law enacted by the general assembly shall be deemed to be~~	103699
~~references to the department of developmental disabilities and~~	103700
~~director of developmental disabilities, respectively, to the~~	103701
~~extent necessary to implement the terms of the contract.~~	103702

Sec. 5124.03. To the extent authorized by rules authorized	103703
by section 5162.021 of the Revised Code, the director of	103704
developmental disabilities shall adopt rules in accordance with	103705
Chapter 119. of the Revised Code as necessary to implement this	103706
chapter.	103707

Sec. 5124.05. The medicaid program shall cover ICF/IID	103708
services when all of the following apply:	103709

(A) The ICF/IID services are provided to a medicaid recipient	103710
eligible for the services.	103711

(B) The ICF/IID services are provided by an ICF/IID for which	103712
the provider has a valid provider agreement.	103713

(C) Federal financial participation is available for the	103714
ICF/IID services.	103715

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	103716
Code, an ICF/IID operator is eligible to enter into a provider	103717
agreement for an ICF/IID if all of the following apply:	103718

(1) The ICF/IID is certified by the director of health for	103719
participation in medicaid;	103720

(2) The ICF/IID is licensed by the director of developmental	103721
disabilities as a residential facility;	103722

(3) Subject to division (B) of this section, the operator and	103723
ICF/IID comply with all applicable state and federal statutes and	103724
rules.	103725

(B) A state rule that requires an ICF/IID operator to have	103726
received approval of a plan for the proposed ICF/IID pursuant to	103727
section 5123.042 of the Revised Code as a condition of the	103728
operator being eligible to receive medicaid payments for ICF/IID	103729
services the ICF/IID provides does not apply if, under former	103730
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	103731
of the 128th general assembly or section 5123.197 of the Revised	103732
Code, a residential facility license was obtained or modified for	103733
the ICF/IID without obtaining approval of such a plan.	103734

Sec. 5124.07. (A) Except as provided in section 5124.072 of	103735
the Revised Code, the department of medicaid shall enter into a	103736
provider agreement with an ICF/IID operator who applies, and is	103737
eligible, for the provider agreement.	103738

(B) A provider agreement shall require the department of	103739
developmental disabilities, pursuant to its agreement with the	103740
department of medicaid under section 5124.02 of the Revised Code,	103741
to make medicaid payments to the provider in accordance with this	103742
chapter for ICF/IID services the ICF/IID provides to its residents	103743
who are medicaid recipients eligible for ICF/IID services.	103744

(C) A provider agreement shall require the provider to do all	103745
of the following:	103746

(1) Maintain eligibility for the provider agreement as	103747
provided in section 5124.06 of the Revised Code;	103748

(2) Keep records relating to a cost reporting period for the	103749
greater of seven years after the cost report is filed or, if the	103750
department of developmental disabilities issues an audit report in	103751
accordance with section 5124.109 of the Revised Code, six years	103752
after all appeal rights relating to the audit report are	103753
exhausted;	103754

(3) File reports as the department of developmental	103755
disabilities requires;	103756

(4) Open all records relating to the costs of the ICF/IID's	103757
services for inspection and audit by the department of	103758
developmental disabilities;	103759

(5) Open its premises for inspection by the department of	103760
developmental disabilities, department of health, and any other	103761
state or local authority having authority to inspect;	103762

(6) Supply to the department of developmental disabilities	103763
such information as it requires concerning the ICF/IID's services	103764
to residents who are, or are eligible to be, medicaid recipients;	103765

(7) Comply with section 5124.08 of the Revised Code.

103766

(D) A provider agreement may contain other provisions that	103767
are consistent with law and considered necessary by the department	103768
of medicaid or the department of developmental disabilities.	103769

Sec. 5124.071. An ICF/IID operator may enter into provider	103770
agreements for more than one ICF/IID.	103771

Sec. 5124.072. The department of medicaid shall not	103772
revalidate an ICF/IID provider agreement if the provider fails to	103773
maintain eligibility for the provider agreement as provided in	103774
section 5124.06 of the Revised Code.	103775

Sec. 5124.08. (A) Every provider agreement with an ICF/IID	103776
provider shall do both of the following:	103777

(1) Except as provided by division (B) of this section,	103778
include any part of the ICF/IID that meets federal and state	103779
standards for medicaid certification;	103780

(2) Prohibit the provider from doing either of the following:

103781

(a) Discriminating against a resident on the basis of race,	103782
color, sex, creed, or national origin;	103783

(b) Subject to division (D) of this section, failing or	103784
refusing to do either of the following:	103785

(i) Admit as a resident of the ICF/IID an individual because	103786
the individual is, or may (as a resident of the ICF/IID) become, a	103787
medicaid recipient if less than eighty per cent of the ICF/IID's	103788
residents are medicaid recipients;	103789

(ii) Retain as a resident of the ICF/IID an individual	103790
because the individual is, or may (as a resident of the ICF/IID)	103791
become, a medicaid recipient.	103792

(B) Unless otherwise required by federal law, an ICF/IID bed	103793
is not required to be included in a provider agreement if the bed	103794
is designated for respite care under a medicaid waiver component	103795
operated pursuant to a waiver sought under section 5166.20 of the	103796
Revised Code.	103797

(C) For the purpose of division (A)(2)(b)(ii) of this	103798
section, a medicaid recipient who is a resident of an ICF/IID	103799
shall be considered a resident of the ICF/IID during any hospital	103800
stays totaling less than twenty-five days during any twelve-month	103801
period. A medicaid recipient identified by the department of	103802
developmental disabilities or its designee as requiring the level	103803
of care of an ICF/IID shall not be subject to a maximum period of	103804
absences during which the recipient is considered to be an ICF/IID	103805
resident if prior authorization of the department for visits with	103806
relatives and friends and participation in therapeutic programs is	103807
obtained in accordance with rules adopted under section 5124.03 of	103808
the Revised Code.	103809

(D) Nothing in this section shall bar a provider from doing	103810
any of the following:	103811

(1) If the provider is a religious organization operating a	103812
religious or denominational ICF/IID, giving preference to persons	103813
of the same religion or denomination;	103814

(2) Giving preference to persons with whom the provider has	103815
contracted to provide continuing care;	103816

(3) Retaining residents who have resided in the provider's	103817
ICF/IID for not less than one year as private pay residents and	103818
who subsequently become medicaid recipients but refusing to admit	103819
as a resident an individual who is, or may (as a resident of the	103820
ICF/IID) become, a medicaid recipient, if all of the following	103821
apply:	103822

(a) The provider does not refuse to retain a resident who has	103823
resided in the provider's ICF/IID for not less than one year as a	103824
private pay resident because the resident becomes a medicaid	103825
recipient, except as necessary to comply with division (D)(3)(b)	103826
of this section.	103827

(b) The number of medicaid recipients retained under division	103828
(D)(3) of this section does not at any time exceed ten per cent of	103829
all the ICF/IID's residents.	103830

(c) On July 1, 1980, all the ICF/IID's residents were private	103831
pay residents.	103832

(E) No provider shall violate the provider agreement	103833
obligations imposed by this section.	103834

Sec. 5124.081. An ICF/IID resident has a cause of action	103835
against the provider of the ICF/IID for breach of the provider	103836
agreement obligations or other duties imposed by section 5124.08	103837
of the Revised Code. The action may be commenced by the resident,	103838
or on the resident's behalf by the resident's sponsor, by the	103839
filing of a civil action in the court of common pleas of the	103840
county in which the ICF/IID is located or in the court of common	103841
pleas of Franklin county.	103842

If a court of common pleas finds that a provider has breached	103843
a provider agreement obligation or other duty imposed by section	103844
5124.08 of the Revised Code, the court may do one or more of the	103845
following:	103846

(A) Enjoin the provider from engaging in the practice;

103847

(B) Order such affirmative relief as may be necessary;

103848

(C) Award to a resident and a sponsor that brings the action	103849
on behalf of a resident actual damages, costs, and reasonable	103850
attorney's fees.	103851

Sec. 5124.10. (A) Except as provided in division (D) of this	103852
section and division (E)(2) of section 5124.101 of the Revised	103853
Code, each ICF/IID provider shall file with the department of	103854
developmental disabilities an annual cost report for each of the	103855
provider's ICFs/IID for which the provider has a valid provider	103856
agreement. The cost report for a year shall cover the calendar	103857
year or portion of the calendar year during which the ICF/IID	103858
participated in the medicaid program. Except as provided in	103859
division (E) of this section, the cost report is due not later	103860
than ninety days after the end of the calendar year, or portion of	103861
the calendar year, that the cost report covers.	103862

(B)(1) If an ICF/IID undergoes a change of provider that the	103863
department determines, in accordance with rules adopted under	103864
section 5124.03 of the Revised Code, is not an arms length	103865
transaction, the new provider shall file the ICF/IID's cost report	103866
in accordance with division (A) of this section and the cost	103867
report shall cover the portion of the calendar year during which	103868
the new provider operated the ICF/IID and the portion of the	103869
calendar year during which the previous provider operated the	103870
ICF/IID.	103871

(2) If an ICF/IID undergoes a change of provider that the	103872
department determines, in accordance with rules adopted under	103873
section 5124.03 of the Revised Code, is an arms length	103874
transaction, the new provider shall file with the department a	103875
cost report for the ICF/IID not later than, except as provided in	103876
division (E) of this section, ninety days after the end of the	103877
ICF/IID's first three full calendar months of operation under the	103878
new provider. The cost report shall cover the period that begins	103879
with the ICF/IID's first day of operation under the new provider	103880
and ends on the first day of the month immediately following the	103881
first three full months of operation under the new provider.	103882

(C) If the medicaid payment rate for a new ICF/IID was most	103883
recently determined in accordance with section 5124.151 of the	103884
Revised Code, the provider shall file with the department a cost	103885
report for the new ICF/IID not later than, except as provided in	103886
division (E) of this section, ninety days after the end of the new	103887
ICF/IID's first three full calendar months of operation. The cost	103888
report shall cover the period that begins with the ICF/IID's first	103889
day of operation and ends on the first day of the month	103890
immediately following the first three full months of operation.	103891

(D) An ICF/IID provider is not required to file a cost report	103892
for an ICF/IID for a calendar year in accordance with division (A)	103893
of this section if the provider files a cost report for the	103894
ICF/IID under division (B)(2) or (C) of this section and that cost	103895
report covers a period that begins after the first day of October	103896
of that calendar year. The provider shall file a cost report for	103897
the ICF/IID in accordance with division (A) of this section for	103898
the immediately following calendar year.	103899

(E) The department may grant to a provider a fourteen-day	103900
extension to file a cost report under this section or section	103901
5124.101 of the Revised Code if the provider provides the	103902
department a written request for the extension and the department	103903
determines that there is good cause for the extension.	103904

Sec. 5124.101. (A) The provider of an ICF/IID that becomes a	103905
downsized ICF/IID or partially converted ICF/IID may file with the	103906
department of developmental disabilities a cost report covering	103907
the period specified in division (B) of this section if the	103908
following applies to the ICF/IID:	103909

(1) In the case of an ICF/IID that becomes a downsized	103910
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	103911
the following on the day it becomes a downsized ICF/IID or	103912
partially converted ICF/IID:	103913

(a) A medicaid-certified capacity that is at least ten per	103914
cent less than its medicaid-certified capacity on the day	103915
immediately preceding the day it becomes a downsized ICF/IID or	103916
partially converted ICF/IID;	103917

(b) At least five fewer beds certified as ICF/IID beds than	103918
it has on the day immediately preceding the day it becomes a	103919
downsized ICF/IID or partially converted ICF/IID.	103920

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	103921
a downsized ICF/IID and the downsized ICF/IID has either of the	103922
following on the day it becomes a downsized ICF/IID:	103923

(a) A medicaid-certified capacity that is at least ten per	103924
cent less than its medicaid-certified capacity on the day	103925
immediately preceding the day it becomes a downsized ICF/IID;	103926

(b) At least five fewer beds certified as ICF/IID beds than	103927
it has on the day immediately preceding the day it becomes a	103928
downsized ICF/IID.	103929

(B) A cost report filed under division (A) of this section	103930
shall cover the period that begins and ends as follows:	103931

(1) In the case of an ICF/IID that becomes a downsized	103932
ICF/IID or partially converted ICF/IID:	103933

(a) The period begins with the day that the ICF/IID becomes a	103934
downsized ICF/IID or partially converted ICF/IID.	103935

(b) The period ends on the last day of the last month of the	103936
first three full months of operation as a downsized ICF/IID or	103937
partially converted ICF/IID.	103938

(2) In the case of a new ICF/IID:

103939

(a) The period begins with the day that the provider	103940
agreement for the ICF/IID takes effect.	103941

(b) The period ends on the last day of the last month of the	103942
first three full months that the provider agreement is in effect.	103943

(C) The department shall refuse to accept a cost report filed	103944
under division (A) of this section if either of the following	103945
apply:	103946

(1) Except as provided in division (E) of section 5124.10 of	103947
the Revised Code, the provider fails to file the cost report with	103948
the department not later than ninety days after the last day of	103949
the period the cost report covers;	103950

(2) The cost report is incomplete or inadequate.

103951

(D) If the department accepts a cost report filed under	103952
division (A) of this section, the department shall use that cost	103953
report, rather than the cost report that otherwise would be used	103954
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	103955
Revised Code, to determine the ICF/IID's medicaid payment rate in	103956
accordance with this chapter for ICF/IID services the ICF/IID	103957
provides during the period that begins and ends as follows:	103958

(1) The period begins on the following:

103959

(a) In the case of an ICF/IID that becomes a downsized	103960
ICF/IID or partially converted ICF/IID:	103961

(i) The day that the ICF/IID becomes a downsized ICF/IID or	103962
partially converted ICF/IID if that day is the first day of a	103963
month;	103964

(ii) The first day of the month immediately following the	103965
month that the ICF/IID becomes a downsized ICF/IID or partially	103966
converted ICF/IID if division (D)(1)(a)(i) of this section does	103967
not apply.	103968

(b) In the case of a new ICF/IID, the day that the ICF/IID's	103969
provider agreement takes effect.	103970

(2) The period ends on the last day of the fiscal year that	103971
immediately precedes the fiscal year for which the ICF/IID begins	103972
to be paid a rate determined using a cost report that division (E)	103973
of this section requires be filed in accordance with division (A)	103974
of section 5124.10 of the Revised Code.	103975

(E)(1) If the department accepts a cost report filed under	103976
division (A) of this section for an ICF/IID that becomes a	103977
downsized ICF/IID or partially converted ICF/IID on or before the	103978
first day of October of a calendar year, or for a new ICF/IID that	103979
has a provider agreement that takes effect on or before that date,	103980
the provider also shall file a cost report for the ICF/IID in	103981
accordance with division (A) of section 5124.10 of the Revised	103982
Code for the portion of that calendar year that the ICF/IID	103983
operated as a downsized ICF/IID or partially converted ICF/IID or,	103984
in the case of a new ICF/IID, for the portion that the provider	103985
agreement was in effect.	103986

(2) If the department accepts a cost report filed under	103987
division (A) of this section for an ICF/IID that becomes a	103988
downsized ICF/IID or partially converted ICF/IID after the first	103989
day of October of a calendar year, or for a new ICF/IID that has a	103990
provider agreement that takes effect on or after that date, the	103991
provider is not required to file a cost report for that calendar	103992
year in accordance with division (A) of section 5124.10 of the	103993
Revised Code. The provider shall file a cost report for the	103994
ICF/IID in accordance with division (A) of section 5124.10 of the	103995
Revised Code for the immediately following calendar year.	103996

Sec. 5124.102. No ICF/IID provider shall report fines paid	103997
under section 5124.99 of the Revised Code in a cost report filed	103998
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	103999

Sec. 5124.103. Cost reports shall be completed using the	104000
form prescribed under section 5124.104 of the Revised Code and in	104001
accordance with the guidelines established under that section.	104002

Sec. 5124.104. The department of developmental disabilities	104003
shall do all of the following:	104004

(A) Prescribe the form to be used for completing a cost	104005
report and a uniform chart of accounts for the purpose of	104006
reporting costs on the form;	104007

(B) Distribute a paper copy of the form, or computer software	104008
for electronic submission of the form, to each provider at least	104009
sixty days before the date the cost report is due;	104010

104011

Sec. 5124.105. The department of developmental disabilities	104012
shall develop an addendum to the cost report form that an ICF/IID	104013
provider may use to set forth costs that the provider believes the	104014
department may dispute. The department may consider such costs in	104015
determining an ICF/IID's medicaid payment rate. If the department	104016
does not consider such costs in determining an ICF/IID's medicaid	104017
payment rate, the provider may seek reconsideration of the	104018
determination in accordance with section 5124.38 of the Revised	104019
Code. If the department subsequently includes such costs in an	104020
ICF/IID's medicaid payment rate, the department shall pay the	104021
provider interest at a reasonable rate established in rules	104022
adopted under section 5124.03 of the Revised Code for the period	104023
that the rate excluded the costs.	104024

Sec. 5124.106. If an ICF/IID provider required by section	104025
5124.10 of the Revised Code to file a cost report for the ICF/IID	104026
fails to file the cost report by the date it is due or the date,	104027
if any, to which the due date is extended pursuant to division (E)	104028
of that section, or files an incomplete or inadequate report for	104029
the ICF/IID under that section, the department of developmental	104030
disabilities shall provide immediate written notice to the	104031
provider that the provider agreement for the ICF/IID will be	104032
terminated in thirty days unless the provider submits a complete	104033
and adequate cost report for the ICF/IID within thirty days.	104034
During the thirty-day termination period or any additional time	104035
allowed for an appeal of the proposed termination of a provider	104036
agreement, the provider shall be paid the ICF/IID's then current	104037
per medicaid day payment rate, minus the dollar amount by which	104038
ICFs/IID's per medicaid day payment rates are reduced during	104039
fiscal year 2013 in accordance with division (A)(2) of section	104040
5111.26 of the Revised Code (renumbered as section 5165.10 of the	104041
Revised Code by H.B. 59 of the 130th general assembly) as that	104042
section existed on the day immediately preceding the effective	104043
date of this section. On the first day of each July, the	104044
department shall adjust the amount of the reduction in effect	104045
during the previous twelve months to reflect the rate of inflation	104046
during the preceding twelve months, as shown in the consumer price	104047
index for all items for all urban consumers for the midwest	104048
region, published by the United States bureau of labor statistics.	104049

Sec. 5124.107. (A) Except as provided in division (B) of	104050
this section and not later than three years after an ICF/IID	104051
provider files a cost report with the department of developmental	104052
disabilities under section 5124.10 or 5124.101 of the Revised	104053
Code, the provider may amend the cost report if the provider	104054
discovers a material error in the cost report or additional	104055
information to be included in the cost report. The department	104056
shall review the amended cost report for accuracy and notify the	104057
provider of its determination.	104058

(B) An ICF/IID provider may not amend a cost report if the	104059
department has notified the provider that an audit of the cost	104060
report or a cost report of the provider for a subsequent cost	104061
reporting period is to be conducted under section 5124.109 of the	104062
Revised Code. The provider may, however, provide the department	104063
information that affects the costs included in the cost report.	104064
Such information may not be provided after the adjudication of the	104065
final settlement of the cost report.	104066

Sec. 5124.108. The department of developmental disabilities	104067
shall conduct a desk review of all cost reports it receives under	104068
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	104069
Based on the desk review, the department shall make a preliminary	104070
determination of whether the reported costs are allowable costs.	104071
The department shall notify each ICF/IID provider of whether any	104072
of the reported costs are preliminarily determined not to be	104073
allowable costs, the medicaid payment rate determined under this	104074
chapter as a result of the determination regarding allowable	104075
costs, and the reasons for the determination and resulting rate.	104076
The department shall allow the provider to verify the calculation	104077
and submit additional information.	104078

Sec. 5124.109. (A) The department of developmental	104079
disabilities may conduct an audit, as defined in rules adopted	104080
under section 5124.03 of the Revised Code, of any cost report	104081
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	104082
Code. The decision whether to conduct an audit and the scope of	104083
the audit, which may be a desk or field audit, may be determined	104084
based on prior performance of the provider, a risk analysis, or	104085
other evidence that gives the department reason to believe that	104086
the provider has reported costs improperly. A desk or field audit	104087
may be performed annually, but is required whenever a provider	104088
does not pass the risk analysis tolerance factors.	104089

(B) Audits shall be conducted by auditors under contract with	104090
the department, auditors working for firms under contract with the	104091
department, or auditors employed by the department.	104092

The department may establish a contract for the auditing of	104093
ICFs/IID by outside firms. Each contract entered into by bidding	104094
shall be effective for one to two years.	104095

(C) The department shall notify a provider of the findings of	104096
an audit of a cost report by issuing an audit report. The	104097
department shall issue the audit report not later than three years	104098
after the earlier of the following:	104099

(1) The date the cost report is filed;

104100

(2) The date a desk or field audit of the cost report or a	104101
cost report for a subsequent cost reporting period is completed.	104102

(D) The department shall prepare a written summary of any	104103
audit disallowance that is made after the effective date of the	104104
rate that is based on the cost. Where the provider is pursuing	104105
judicial or administrative remedies in good faith regarding the	104106
disallowance, the department shall not withhold from the	104107
provider's current payments any amounts the department claims to	104108
be due from the provider pursuant to section 5124.41 of the	104109
Revised Code.	104110

(E)(1) The department shall establish an audit manual and	104111
program for field audits conducted under this section. Each	104112
auditor conducting a field audit under this section shall follow	104113
the audit manual and program, regardless of whether the auditor is	104114
under contract with the department, works for a firm under	104115
contract with the department, or is employed by the department.	104116
The manual and program shall do both of the following:	104117

(a) Require each field audit to be conducted by an auditor to	104118
whom all of the following apply:	104119

(i) During the period of the auditor's contract, firm's	104120
contract, or auditor's employment with the department, the auditor	104121
or firm does not have and is not committed to acquire any direct	104122
or indirect financial interest in the ownership, financing, or	104123
operation of ICFs/IID in this state.	104124

(ii) The auditor does not audit any provider that has been a	104125
client of the auditor or the auditor's firm.	104126

(iii) The auditor is otherwise independent as determined by	104127
the standards of independence included in the government auditing	104128
standards produced by the United States government accountability	104129
office.	104130

(b) Require each auditor conducting a field audit to do all	104131
of the following:	104132

(i) Comply with applicable rules prescribed pursuant to Title	104133
XIX;	104134

(ii) Consider generally accepted auditing standards	104135
prescribed by the American institute of certified public	104136
accountants;	104137

(iii) Include a written summary as to whether the costs	104138
included in the cost report examined during the audit are	104139
allowable and are presented in accordance with state and federal	104140
laws and regulations, and whether, in all material respects,	104141
allowable costs are documented, reasonable, and related to patient	104142
care;	104143

(iv) Complete the audit within the time period specified by	104144
the department;	104145

(v) Provide to the provider complete written interpretations	104146
that explain in detail the application of all relevant contract	104147
provisions, regulations, auditing standards, rate formulae, and	104148
departmental policies, with explanations and examples, that are	104149
sufficient to permit the provider to calculate with reasonable	104150
certainty those costs that are allowable and the rate to which the	104151
provider's ICF/IID is entitled.	104152

(2) For the purpose of division (E)(1)(a)(i) of this section,	104153
employment of a member of an auditor's family by an ICF/IID that	104154
the auditor does not audit does not constitute a direct or	104155
indirect financial interest in the ownership, financing, or	104156
operation of the ICF/IID.	104157

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	104158
sections ~~5111.20~~5124.151 to ~~5111.331~~5124.154 of the Revised Code	104159
and by division (B) of this section, the ~~payments~~total per	104160
medicaid day payment rate that the department of ~~job and family~~	104161
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	104162
an ICF/IID provider ~~of an intermediate care facility for the~~	104163
~~mentally retarded pursuant to a provider agreement~~for ICF/IID	104164
services the provider's ICF/IID provides during a fiscal year	104165
shall equal the sum of all of the following:	104166

(1) The per medicaid day payment rate for capital costs	104167
determined for the ICF/IID under section 5124.17 of the Revised	104168
Code;	104169

(2) The per medicaid day payment rate for direct care costs	104170
determined for the ~~facility~~ICF/IID under section ~~5111.23~~5124.19	104171
of the Revised Code;	104172

~~(2)~~(3) The per medicaid day payment rate for indirect care	104173
costs determined for the ICF/IID under section 5124.21 of the	104174
Revised Code;	104175

(4) The per medicaid day payment rate for other protected	104176
costs determined for the ~~facility~~ICF/IID under section ~~5111.235~~	104177
5124.23 of the Revised Code;	104178

~~(3) The rate for indirect care costs determined for the~~	104179
~~facility under section 5111.241 of the Revised Code;~~	104180

~~(4) The rate for capital costs determined for the facility~~	104181
~~under section 5111.251 of the Revised Code~~.	104182

(B) The department shall adjust the total rate otherwise	104183
determined under division (A) of this section as directed by the	104184
general assembly through the enactment of law governing medicaid	104185
payments to ICF/IID providers ~~of intermediate care facilities for~~	104186
~~the mentally retarded~~.	104187

(C) In addition to paying an ICF/IID provider the total rate	104188
determined for the provider's ICF/IID under divisions (A) and (B)	104189
of this section for a fiscal year, the department, in accordance	104190
with section 5124.25 of the Revised Code, may pay the provider a	104191
rate add-on for pediatric ventilator-dependent outlier ICF/IID	104192
services if the rate add-on is to be paid under that section and	104193
the department approves the provider's application for the rate	104194
add-on. The rate add-on is not to be part of the ICF/IID's total	104195
rate.	104196

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	104197
~~services shall establish initial rates for an intermediate care~~	104198
~~facility for the mentally retarded with a first date of licensure~~	104199
~~that is on or after January 1, 1993, including a facility that~~	104200
~~replaces one or more existing facilities, or for an intermediate~~	104201
~~care facility for the mentally retarded with a first date of~~	104202
~~licensure before that date that was initially certified for the~~	104203
~~medicaid program on or after that date,~~total per medicaid day	104204
payment rate determined under section 5124.15 of the Revised Code	104205
shall not be the initial rate for ICF/IID services provided by a	104206
new ICF/IID. Instead, the initial total per medicaid day payment	104207
rate for ICF/IID services provided by a new ICF/IID shall be	104208
determined in the following manner:	104209

(1) The initial rate for capital costs shall be determined	104210
under section 5124.17 of the Revised Code using the greater of the	104211
new ICF/IID's actual inpatient days or an imputed occupancy rate	104212
of eighty per cent.	104213

(2) The initial rate for direct care costs shall be	104214
determined as follows:	104215

(a) If there are no cost or resident assessment data for the	104216
new ICF/IID as necessary to ~~calculate~~determine a rate under	104217
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	104218
determined as follows:	104219

(i) Determine the median cost per case-mix unit ~~calculated~~	104220
determined under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the	104221
Revised Code for the ~~relevant~~new ICF/IID's peer group for the	104222
calendar year preceding the fiscal year in which the rate will be	104223
paid~~, multiplied~~;	104224

(ii) Multiply the amount determined under division	104225
(A)(2)(a)(i) of this section by the median annual average case-mix	104226
score for the new ICF/IID's peer group for that period ~~and~~;	104227

(iii) Adjust the product determined under division	104228
(A)(2)(a)(ii) of this section by the rate of inflation estimated	104229
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	104230
Code. ~~This rate shall be recalculated to reflect the facility's~~	104231
~~actual quarterly average case-mix score, in accordance with that~~	104232
~~section, after it submits its first quarterly assessment data that~~	104233
~~qualifies for use in calculating a case-mix score in accordance~~	104234
~~with rules authorized by division (E) of section 5111.232 of the~~	104235
~~Revised Code. If the facility's first two quarterly submissions do~~	104236
~~not contain assessment data that qualifies for use in calculating~~	104237
~~a case-mix score, the department shall continue to calculate the~~	104238
~~rate using the median annual case-mix score for the peer group in~~	104239
~~lieu of an assigned quarterly case-mix score. The department shall~~	104240
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	104241
~~under division (D) of section 5111.232 of the Revised Code for any~~	104242
~~subsequent submissions that do not contain assessment data that~~	104243
~~qualifies for use in calculating a case-mix score.~~	104244

(b) If the ~~facility~~new ICF/IID is a replacement ~~facility~~	104245
ICF/IID and the ~~facility~~ICF/IID or ~~facilities~~ICFs/IID that are	104246
being replaced are in operation immediately before the ~~replacement~~	104247
~~facility~~new ICF/IID opens, the rate shall be the same as the rate	104248
for the replaced ~~facility~~ICF/IID or ~~facilities~~ICFs/IID,	104249
proportionate to the number of ICF/IID beds in each replaced	104250
~~facility~~ICF/IID. ~~If one or more of the replaced facilities is~~	104251

(c) If the new ICF/IID is a replacement ICF/IID and the	104252
ICF/IID or ICFs/IID that are being replaced are not in operation	104253
immediately before the ~~replacement facility~~new ICF/IID opens, ~~its~~	104254
~~proportion~~the rate shall be determined under division	104255
(A)~~(1)~~(2)(a) of this section.	104256

~~(2)~~(3) The initial rate for indirect care costs shall be the	104257
maximum rate for the new ICF/IID's peer group as determined for	104258
the fiscal year in accordance with division (C) of section 5124.21	104259
of the Revised Code.	104260

(4) The initial rate for other protected costs shall be one	104261
hundred fifteen per cent of the median rate for ~~intermediate care~~	104262
~~facilities for the mentally retarded calculated~~ICFs/IID	104263
determined for the fiscal year under section ~~5111.235~~5124.23 of	104264
the Revised Code.	104265

~~(3) The rate for indirect care costs shall be the applicable~~	104266
~~maximum rate for the facility's peer group as specified in~~	104267
~~division (B) of section 5111.241 of the Revised Code.~~	104268

~~(4) The rate for capital costs shall be determined under~~	104269
~~section 5111.251 of the Revised Code using the greater of actual~~	104270
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	104271

(B) ~~The~~(1) Except as provided in division (B)(2) of this	104272
section, the department shall adjust ~~the rates established~~a new	104273
ICF/IID's initial total per medicaid day payment rate determined	104274
under ~~division (A) of~~ this section ~~at both of the following~~	104275
~~times:~~	104276

~~(1) Effective~~effective the first day of July, to reflect new	104277
rate ~~calculations~~determinations for all ~~facilities~~ICFs/IID	104278
under ~~sections 5111.20 to 5111.331 of the Revised Code;~~	104279

~~(2) Following the provider's submission of the facility's~~	104280
~~cost report under division (A)(1)(b) of section 5111.26 of the~~	104281
~~Revised Code~~ this chapter.	104282

~~The department shall pay the rate adjusted based on the cost~~	104283
~~report beginning the first day of the calendar quarter that begins~~	104284
~~more than ninety days after the department receives the cost~~	104285
~~report.~~	104286

(2) If the department accepts, under division (A) of section	104287
5124.101 of the Revised Code, a cost report filed by the provider	104288
of a new ICF/IID, the department shall adjust the ICF/IID's	104289
initial total per medicaid day payment rate in accordance with	104290
divisions (D) and (E) of that section rather than division (B)(1)	104291
of this section.	104292

Sec. 5124.152. (A) The total per medicaid day payment rate	104293
determined under section 5124.15 of the Revised Code shall not be	104294
paid for ICF/IID services provided by an ICF/IID, or discrete unit	104295
of an ICF/IID, designated by the department of developmental	104296
disabilities as an outlier ICF/IID or unit. Instead, the provider	104297
of a designated outlier ICF/IID or unit shall be paid each fiscal	104298
year a total per medicaid day payment rate that the department	104299
shall prospectively determine in accordance with a methodology	104300
established in rules authorized by this section.	104301

(B) The department may designate an ICF/IID, or discrete unit	104302
of an ICF/IID, as an outlier ICF/IID or unit if the ICF/IID or	104303
unit serves residents who have either of the following:	104304

(1) Diagnoses or special care needs that require direct care	104305
resources that are not measured adequately by the resident	104306
assessment instrument specified in rules authorized by section	104307
5124.191 of the Revised Code;	104308

(2) Diagnoses or special care needs that are specified in	104309
rules authorized by this section as otherwise qualifying for	104310
consideration under this section.	104311

(C) Notwithstanding any other provision of this chapter, the	104312
costs incurred by a designated outlier ICF/IID or unit shall not	104313
be considered in establishing medicaid payment rates for other	104314
ICFs/IID or units.	104315

(D) The director of developmental disabilities shall adopt	104316
rules under section 5124.03 of the Revised Code as necessary to	104317
implement this section.	104318

(1)(a) The rules shall do both of the following:

104319

(i) Specify the criteria and procedures the department will	104320
apply when designating an ICF/IID, or discrete unit of an ICF/IID,	104321
as an outlier ICF/IID or unit;	104322

(ii) Establish a methodology for prospectively determining	104323
the total per medicaid day payment rate that will be paid each	104324
fiscal year for ICF/IID services provided by a designated outlier	104325
ICF/IID or unit.	104326

(b) The rules adopted under division (D)(1)(a)(i) of this	104327
section regarding the criteria for designating outlier ICFs/IID	104328
and units shall do both of the following:	104329

(i) Provide for consideration of whether all of the allowable	104330
costs of an ICF/IID, or discrete unit of an ICF/IID, would be paid	104331
by the rate determined under section 5124.15 of the Revised Code;	104332

(ii) Specify the minimum number of ICF/IID beds that an	104333
ICF/IID, or discrete unit of an ICF/IID, must have to be	104334
designated an outlier ICF/IID or unit.	104335

(c) The rules authorized by division (D)(1)(a)(i) of this	104336
section regarding the criteria for designating outlier ICFs/IID	104337
and units shall not limit the designation to ICFs/IID, or discrete	104338
units of ICFs/IID, located in large cities.	104339

(d) The rules authorized by division (D)(1)(a)(ii) of this	104340
section regarding the methodology for prospectively determining	104341
the rates of designated outlier ICFs/IID and units shall provide	104342
for the methodology to consider the historical costs of providing	104343
ICF/IID services to the residents of designated outlier ICFs/IID	104344
and units.	104345

(2)(a) The rules may do both of the following:

104346

(i) Include for designation as an outlier ICF/IID or unit, an	104347
ICF/IID, or discrete unit of an ICF/IID, that serves residents who	104348
have complex medical conditions or severe behavioral problems;	104349

(ii) Require that a designated outlier ICF/IID or unit	104350
receive authorization from the department before admitting or	104351
retaining a resident.	104352

(b) If the director adopts rules authorized by division	104353
(D)(2)(a)(ii) of this section regarding the authorization of a	104354
designated outlier ICF/IID or unit to admit or retain a resident,	104355
the rules shall specify the criteria and procedures the department	104356
will apply when granting the authorization.	104357

Sec. 5124.153. (A) To the extent, if any, provided for in	104358
rules authorized by this section, the total per medicaid day	104359
payment rate determined under section 5124.15 of the Revised Code	104360
shall not be paid for ICF/IID services that an ICF/IID not	104361
designated as an outlier ICF/IID or unit provides to a resident	104362
who meets the criteria for admission to a designated outlier	104363
ICF/IID or unit, as specified in rules authorized by section	104364
5124.152 of the Revised Code. Instead, the provider of an ICF/IID	104365
providing ICF/IID services to such a resident shall be paid each	104366
fiscal year a total per medicaid day payment rate that the	104367
department shall prospectively determine in accordance with a	104368
methodology established in rules authorized by this section.	104369

(B) The director of developmental disabilities may adopt	104370
rules under section 5124.03 of the Revised Code to implement this	104371
section. The rules may require that an ICF/IID receive	104372
authorization from the department before admitting or retaining a	104373
resident who meets the criteria for admission to a designated	104374
outlier ICF/IID or unit. If the director adopts such rules, the	104375
rules shall specify the criteria and procedures the department	104376
will apply when granting the authorization.	104377

~~Sec. 5111.291.~~ Sec. 5124.154. ~~Notwithstanding sections 5111.20 to~~	104378
~~5111.331 of the Revised Code~~The department of developmental	104379
disabilities is not required to pay the total per medicaid day	104380
payment rates determined under section 5124.15 of the Revised Code	104381
for ICF/IID services provided by developmental centers. Instead,	104382
the department ~~of job and family services~~ may ~~compute~~determine	104383
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	104384
~~for the mentally retarded operated by the department of~~	104385
developmental ~~disabilities or the department of mental health~~	104386
centers according to the reasonable cost principles of Title	104387
XVIII.	104388

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	104389
department of ~~job and family services~~developmental disabilities	104390
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	104391
~~intermediate care facilities for the mentally retarded for its~~	104392
~~reasonable capital costs, a~~ICF/IID's per ~~resident per~~medicaid	104393
day payment rate ~~established prospectively each fiscal year for~~	104394
~~each intermediate care facility for the mentally retarded~~for	104395
reasonable capital costs. Except as otherwise provided in	104396
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter, ~~the~~	104397
an ICF/IID's rate shall be determined prospectively and based on	104398
the ~~facility's~~ICF/IID's capital costs for the calendar year	104399
preceding the fiscal year in which the rate will be paid. ~~The~~	104400
Subject to section 5124.28, an ICF/IID's rate shall equal the sum	104401
of the following:	104402

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	104403
allowable, per diem ~~cost~~costs of ownership for the immediately	104404
preceding cost reporting period, limited as provided in divisions	104405
(B) and (C) ~~and (F)~~ of this section;	104406

(2) ~~Any efficiency incentive determined under division (B) of~~	104407
~~this section;~~	104408

~~(3) Any amounts for~~The ICF/IID's per medicaid day payment	104409
for the ICF/IID's per diem capitalized costs of nonextensive	104410
renovations determined under division (D)(1) of this section if	104411
the ICF/IID qualifies for a payment for such costs as specified in	104412
division (D)(2) of this section;	104413

~~(4) Any amounts for~~(3) The ICF/IID's per medicaid day	104414
efficiency incentive determined under division (E) of this	104415
section;	104416

(4) Until fiscal year 2015, the ICF/IID's return on net	104417
equity determined under division ~~(H)~~(F) of this section.	104418

~~Buildings shall be depreciated using the straight line method~~	104419
~~over forty years or over a different period approved by the~~	104420
~~department. Components and equipment shall be depreciated using~~	104421
~~the straight line method over a period designated by the director~~	104422
~~of job and family services in rules adopted under section 5111.02~~	104423
~~of the Revised Code, consistent with the guidelines of the~~	104424
~~American hospital association, or over a different period approved~~	104425
~~by the department of job and family services. Any rules authorized~~	104426
~~by this division that specify useful lives of buildings,~~	104427
~~components, or equipment apply only to assets acquired on or after~~	104428
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	104429
~~government agency shall not be included in costs of ownership or~~	104430
~~renovation unless that part of the payment under sections 5111.20~~	104431
~~to 5111.331 of the Revised Code is used to reimburse the~~	104432
~~government agency.~~	104433

(B) ~~The department of job and family services shall pay to a~~	104434
~~provider for each of the provider's eligible intermediate care~~	104435
~~facilities for the mentally retarded an efficiency incentive equal~~	104436
~~to fifty per cent of the difference between any desk-reviewed,~~	104437
~~actual, allowable cost of ownership and the applicable limit on~~	104438
~~cost of ownership payments under division (C) of this section. For~~	104439
~~purposes of computing the efficiency incentive, depreciation for~~	104440
~~costs paid or reimbursed by any government agency shall be~~	104441
~~considered as a cost of ownership, and the applicable limit under~~	104442
~~division (C) of this section shall apply both to facilities with~~	104443
~~more than eight beds and facilities with eight or fewer beds. The~~	104444
~~efficiency incentive paid to a provider for a facility with eight~~	104445
~~or fewer beds shall not exceed three dollars per patient day,~~	104446
~~adjusted annually for the inflation rate for the twelve-month~~	104447
~~period beginning on the first day of July of the calendar year~~	104448
~~preceding the calendar year that precedes the fiscal year for~~	104449
~~which the efficiency incentive is determined and ending on the~~	104450
~~thirtieth day of the following June, using the consumer price~~	104451
~~index for shelter costs for all urban consumers for the north~~	104452
~~central region, as published by the United States bureau of labor~~	104453
~~statistics.~~	104454

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	104455
rates for ~~intermediate care facilities for the mentally retarded~~	104456
ICFs/IID with more than eight beds shall not exceed the following	104457
limits:	104458

(1) For ~~facilities~~ICFs/IID with dates of licensure prior to	104459
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	104460
~~patient day~~;	104461

(2) For ~~facilities~~ICFs/IID with dates of licensure after	104462
December 31, l957, but prior to January 1, l968, not exceeding:	104463

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	104464
of construction was three thousand five hundred dollars or more	104465
per bed;	104466

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	104467
of construction was less than three thousand five hundred dollars	104468
per bed.	104469

(3) For ~~facilities~~ICFs/IID with dates of licensure after	104470
December 31, l967, but prior to January 1, l976, not exceeding:	104471

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	104472
of construction was five thousand one hundred fifty dollars or	104473
more per bed;	104474

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	104475
of construction was less than five thousand one hundred fifty	104476
dollars per bed, but exceeds three thousand five hundred dollars	104477
per bed;	104478

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	104479
of construction was three thousand five hundred dollars or less	104480
per bed.	104481

(4) For ~~facilities~~ICFs/IID with dates of licensure after	104482
December 31, l975, but prior to January 1, l979, not exceeding:	104483

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	104484
of construction was six thousand eight hundred dollars or more per	104485
bed;	104486

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	104487
of construction was less than six thousand eight hundred dollars	104488
per bed but exceeds five thousand one hundred fifty dollars per	104489
bed;	104490

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	104491
of construction was five thousand one hundred fifty dollars or	104492
less per bed, but exceeds three thousand five hundred dollars per	104493
bed;	104494

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	104495
of construction was three thousand five hundred dollars or less	104496
per bed.	104497

(5) For ~~facilities~~ICFs/IID with dates of licensure after	104498
December 31, l978, but prior to January 1, l980, not exceeding:	104499

(a) Six dollars ~~per patient day~~ if the cost of construction	104500
was seven thousand six hundred twenty-five dollars or more per	104501
bed;	104502

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	104503
of construction was less than seven thousand six hundred	104504
twenty-five dollars per bed but exceeds six thousand eight hundred	104505
dollars per bed;	104506

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	104507
of construction was six thousand eight hundred dollars or less per	104508
bed but exceeds five thousand one hundred fifty dollars per bed;	104509

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	104510
of construction was five thousand one hundred fifty dollars or	104511
less but exceeds three thousand five hundred dollars per bed;	104512

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	104513
of construction was three thousand five hundred dollars or less	104514
per bed.	104515

(6) For ~~facilities~~ICFs/IID with dates of licensure after	104516
December 31, 1979, but prior to January 1, 1981, not exceeding:	104517

(a) Twelve dollars ~~per patient day~~ if the beds were	104518
originally licensed as residential facility beds by the department	104519
of developmental disabilities;	104520

(b) Six dollars ~~per patient day~~ if the beds were originally	104521
licensed as nursing home beds by the department of health.	104522

(7) For ~~facilities~~ICFs/IID with dates of licensure after	104523
December 31, 1980, but prior to January 1, 1982, not exceeding:	104524

(a) Twelve dollars ~~per patient day~~ if the beds were	104525
originally licensed as residential facility beds by the department	104526
of developmental disabilities;	104527

(b) Six dollars and forty-five cents ~~per patient day~~ if the	104528
beds were originally licensed as nursing home beds by the	104529
department of health.	104530

(8) For ~~facilities~~ICFs/IID with dates of licensure after	104531
December 31, 1981, but prior to January 1, 1983, not exceeding:	104532

(a) Twelve dollars ~~per patient day~~ if the beds were	104533
originally licensed as residential facility beds by the department	104534
of developmental disabilities;	104535

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	104536
beds were originally licensed as nursing home beds by the	104537
department of health.	104538

(9) For ~~facilities~~ICFs/IID with dates of licensure after	104539
December 31, 1982, but prior to January 1, 1984, not exceeding:	104540

(a) Twelve dollars ~~per patient day~~ if the beds were	104541
originally licensed as residential facility beds by the department	104542
of developmental disabilities;	104543

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	104544
were originally licensed as nursing home beds by the department of	104545
health.	104546

(10) For ~~facilities~~ICFs/IID with dates of licensure after	104547
December 31, 1983, but prior to January 1, 1985, not exceeding:	104548

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	104549
the beds were originally licensed as residential facility beds by	104550
the department of developmental disabilities;	104551

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	104552
the beds were originally licensed as nursing home beds by the	104553
department of health.	104554

(11) For ~~facilities~~ICFs/IID with dates of licensure after	104555
December 31, 1984, but prior to January 1, 1986, not exceeding:	104556

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	104557
the beds were originally licensed as residential facility beds by	104558
the department of developmental disabilities;	104559

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	104560
were originally licensed as nursing home beds by the department of	104561
health.	104562

(12) For ~~facilities~~ICFs/IID with dates of licensure after	104563
December 31, 1985, but prior to January 1, 1987, not exceeding:	104564

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	104565
beds were originally licensed as residential facility beds by the	104566
department of developmental disabilities;	104567

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	104568
were originally licensed as nursing home beds by the department of	104569
health.	104570

(13) For ~~facilities~~ICFs/IID with dates of licensure after	104571
December 31, 1986, but prior to January 1, 1988, not exceeding:	104572

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	104573
the beds were originally licensed as residential facility beds by	104574
the department of developmental disabilities;	104575

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	104576
the beds were originally licensed as nursing home beds by the	104577
department of health.	104578

(14) For ~~facilities~~ICFs/IID with dates of licensure after	104579
December 31, 1987, but prior to January 1, 1989, not exceeding	104580
thirteen dollars and twenty-six cents ~~per patient day~~;	104581

(15) For ~~facilities~~ICFs/IID with dates of licensure after	104582
December 31, 1988, but prior to January 1, 1990, not exceeding	104583
thirteen dollars and forty-six cents ~~per patient day~~;	104584

(16) For ~~facilities~~ICFs/IID with dates of licensure after	104585
December 31, 1989, but prior to January 1, 1991, not exceeding	104586
thirteen dollars and sixty cents ~~per patient day~~;	104587

(17) For ~~facilities~~ICFs/IID with dates of licensure after	104588
December 31, 1990, but prior to January 1, 1992, not exceeding	104589
thirteen dollars and forty-nine cents ~~per patient day~~;	104590

(18) For ~~facilities~~ICFs/IID with dates of licensure after	104591
December 31, 1991, but prior to January 1, 1993, not exceeding	104592
thirteen dollars and sixty-seven cents ~~per patient day~~;	104593

(19) For ~~facilities~~ICFs/IID with dates of licensure after	104594
December 31, 1992, not exceeding fourteen dollars and twenty-eight	104595
cents ~~per patient day~~.	104596

(C)(1) The costs of ownership per diem payment rate for an	104597
ICF/IID with eight or fewer beds shall not exceed the following	104598
limits:	104599

(a) Eighteen dollars and thirty cents as adjusted for	104600
inflation pursuant to division (C)(2) of this section if any of	104601
the following apply to the ICF/IID:	104602

(i) The ICF/IID has a date of licensure, or was granted	104603
project authorization by the department of developmental	104604
disabilities, before July 1, 1993.	104605

(ii) The ICF/IID has a date of licensure, or was granted	104606
project authorization by the department, on or after July 1, 1993,	104607
and the provider demonstrates that the provider made substantial	104608
commitments of funds for the ICF/IID before that date.	104609

(iii) The ICF/IID has a date of licensure, or was granted	104610
project authorization by the department, on or after July 1, 1993,	104611
the provider made no substantial commitment of funds for the	104612
ICF/IID before that date, and the department of job and family	104613
services or department of developmental disabilities gave prior	104614
approval for the ICF/IID's construction.	104615

(b) If division (C)(1)(a) of this section does not apply to	104616
the ICF/IID, the amount that would apply to the ICF/IID under	104617
division (B) of this section if it had more than eight beds.	104618

(2) The eighteen-dollar and thirty-cent payment rate	104619
specified in division (C)(1)(a) of this section shall be increased	104620
as follows:	104621

(a) For the period beginning June 30, 1990, and ending July	104622
1, 1993, by the change in the "Dodge building cost indexes,	104623
northeastern and north central states," published by Marshall and	104624
Swift;	104625

(b) For each fiscal year thereafter, in accordance with	104626
division (G) of this section.	104627

(D)(1) Beginning January 1, 1981, regardless of the original	104628
date of licensure, the ~~department of job and family services shall~~	104629
~~pay a~~payment rate for the per diem capitalized costs of	104630
nonextensive renovations ~~to intermediate care facilities for the~~	104631
~~mentally retarded~~ made after January 1, l981, to a qualifying	104632
ICF/IID, shall not ~~exceeding~~exceed six dollars per ~~patient~~	104633
medicaid day using 1980 as the base year and adjusting the amount	104634
annually until June 30, 1993, for fluctuations in construction	104635
costs calculated by the department using the "Dodge building cost	104636
indexes, northeastern and north central states," published by	104637
Marshall and Swift. The payment rate shall be further adjusted in	104638
accordance with division (G) of this section. The payment provided	104639
for in this division is the only payment that shall be made for	104640
~~the~~an ICF/IID's capitalized costs of a nonextensive ~~renovation~~	104641
~~of an intermediate care facility for the mentally retarded~~	104642
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	104643
renovations shall not be included in ~~cost~~costs of ownership, and	104644
~~a nonextensive renovation~~ shall not affect the date of licensure	104645
for purposes of division (B) or (C) of this section. This division	104646
applies to nonextensive renovations regardless of whether they are	104647
made by an owner or a lessee. If the tenancy of a lessee that has	104648
made nonextensive renovations ends before the depreciation expense	104649
for the ~~renovation~~ costs of nonextensive renovations has been	104650
fully reported, the former lessee shall not report the	104651
undepreciated balance as an expense.	104652

~~For a nonextensive renovation to qualify~~(2) An ICF/IID	104653
qualifies for a payment ~~under this division, both~~for costs of	104654
nonextensive renovations if all of the following ~~conditions must~~	104655
~~be met~~apply:	104656

~~(1)~~(a) Either of the following applies:

104657

(i) The ICF/IID has more than eight beds and either the	104658
department approved the nonextensive renovation before July 1,	104659
2013, or the nonextensive renovation is part of a project that	104660
results in the ICF/IID becoming a downsized ICF/IID or partially	104661
converted ICF/IID.	104662

(ii) The ICF/IID has eight or fewer beds.

104663

(b) At least five years have elapsed since the ICF/IID's date	104664
of licensure or date of an extensive renovation of the portion of	104665
the ~~facility~~ICF/IID that is proposed to be nonextensively	104666
renovated, ~~except that this condition does not apply if~~unless the	104667
nonextensive renovation is necessary to meet the requirements of	104668
federal, state, or local statutes, ordinances, rules, or policies.	104669

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	104670
~~department of job and family services. The provider shall submit~~	104671
of the ICF/IID does both of the following:	104672

(i) Submits to the department a plan that describes in detail	104673
the changes in capital assets to be accomplished by means of the	104674
nonextensive renovation and the timetable for completing the	104675
project~~. The time for completion of the project~~, which shall be no	104676
not more than eighteen months after the nonextensive renovation	104677
begins;	104678

(ii) Obtains prior approval from the department for the	104679
nonextensive renovation. ~~The~~	104680

(3) The director of ~~job and family services~~developmental	104681
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	104682
the Revised Code that specify criteria and procedures for prior	104683
approval of nonextensive renovation and extensive renovation	104684
projects. No provider shall separate a project with the intent to	104685
evade the characterization of the project as a nonextensive	104686
renovation or as an extensive renovation. No provider shall	104687
increase the scope of a project after it is approved by the	104688
department ~~of job and family services~~ unless the increase in scope	104689
is approved by the department.	104690

(E)(1) Subject to division (E)(2) of this section, an	104691
ICF/IID's per medicaid day efficiency incentive payment rate shall	104692
equal the following percentage of the difference between the	104693
ICF/IID's desk-reviewed, actual, allowable per diem costs of	104694
ownership and the applicable limit on costs of ownership payment	104695
rates established by division (B) of this section:	104696

(a) In the case of an ICF/IID with more than eight beds, the	104697
following percentage:	104698

(i) Fifty per cent for fiscal year 2014;

104699

(ii) Fifty per cent for fiscal year 2015 and each fiscal year	104700
thereafter if the provider of the ICF/IID obtains the department's	104701
approval to become a downsized ICF/IID and the approval is	104702
conditioned on the downsizing being completed not later than July	104703
1, 2018;	104704

(iii) Twenty-five per cent;

104705

(b) In the case of an ICF/IID with eight or fewer beds, fifty	104706
per cent.	104707

(2) The efficiency incentive payment rate for an ICF/IID with	104708
eight or fewer beds shall not exceed three dollars per medicaid	104709
day, adjusted annually in accordance with division (G) of this	104710
section. For the purpose of determining an ICF/IID's efficiency	104711
incentive payment rate, both of the following apply:	104712

(a) Depreciation for costs paid or reimbursed by any	104713
government agency shall be considered as a cost of ownership;	104714

(b) The applicable limit under division (B) of this section	104715
shall apply both to ICFs/IID with more than eight beds and	104716
ICFs/IID with eight or fewer beds.	104717

(F) An ICF/IID's return on net equity shall be determined at	104718
the rate of one and one-half times the average of interest rates	104719
on special issues of public debt obligations issued to the federal	104720
hospital insurance trust fund for the cost reporting period. In	104721
determining an ICF/IID's rate for return on net equity, the	104722
department shall use the greater of the ICF/IID's inpatient days	104723
during the applicable cost reporting period or the number of	104724
inpatient days the ICF/IID would have had during that period if	104725
the ICF/IID's occupancy rate had been ninety-five per cent. No	104726
ICF/IID's rate for return on net equity shall exceed one dollar	104727
per medicaid day. No ICF/IID's rate for capital costs shall	104728
include a rate for return on net equity beginning July 1, 2014.	104729

(G) The amounts specified in divisions (B), (C) ~~and~~, (D), and	104730
(E) of this section shall be adjusted beginning July 1, 1993, for	104731
the estimated inflation rate for the twelve-month period beginning	104732
on the first day of July of the calendar year immediately	104733
preceding the calendar year that immediately precedes the fiscal	104734
year for which rate will be paid and ending on the thirtieth day	104735
of the following June, using the consumer price index for shelter	104736
costs for all urban consumers for the ~~north central~~midwest	104737
region, as published by the United States bureau of labor	104738
statistics.	104739

~~(F)(1) For facilities of eight or fewer beds that have dates~~	104740
~~of licensure or have been granted project authorization by the~~	104741
~~department of developmental disabilities before July 1, 1993, and~~	104742
~~for facilities of eight or fewer beds that have dates of licensure~~	104743
~~or have been granted project authorization after that date if the~~	104744
~~providers of the facilities demonstrate that they made substantial~~	104745
~~commitments of funds on or before that date, cost of ownership~~	104746
~~shall not exceed eighteen dollars and thirty cents per resident~~	104747
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	104748
~~increased by the change in the "Dodge building cost indexes,~~	104749
~~northeastern and north central states," published by Marshall and~~	104750
~~Swift, during the period beginning June 30, 1990, and ending July~~	104751
~~1, 1993, and by the change in the consumer price index for shelter~~	104752
~~costs for all urban consumers for the north central region, as~~	104753
~~published by the United States bureau of labor statistics,~~	104754
~~annually thereafter.~~	104755

~~(2) For facilities with eight or fewer beds that have dates~~	104756
~~of licensure or have been granted project authorization by the~~	104757
~~department of developmental disabilities on or after July 1, 1993,~~	104758
~~for which substantial commitments of funds were not made before~~	104759
~~that date, cost of ownership payments shall not exceed the~~	104760
~~applicable amount calculated under division (F)(1) of this~~	104761
~~section, if the department of job and family services gives prior~~	104762
~~approval for construction of the facility. If the department does~~	104763
~~not give prior approval, cost of ownership payments shall not~~	104764
~~exceed the amount specified in division (C) of this section.~~	104765

~~(3)~~(H) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	104766
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	104767
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	104768
costs of nonextensive renovations, and the efficiency incentive	104769
for an ~~intermediate care facility for the mentally retarded~~	104770
ICF/IID with eight or fewer beds shall not exceed the sum of the	104771
limitations specified in divisions (C) and (D) of this section.	104772

~~(G) Notwithstanding any provision of this section or section~~	104773
~~5111.241 of the Revised Code, the director of job and family~~	104774
~~services may adopt rules under section 5111.02 of the Revised Code~~	104775
~~that provide for a calculation of a combined maximum payment limit~~	104776
~~for indirect care costs and cost of ownership for intermediate~~	104777
~~care facilities for the mentally retarded with eight or fewer~~	104778
~~beds.~~	104779

(H) ~~The department of job and family services shall pay a~~	104780
~~provider for each of the provider's eligible proprietary~~	104781
~~intermediate care facilities for the mentally retarded a return on~~	104782
~~the facility's net equity computed at the rate of one and one-half~~	104783
~~times the average of interest rates on special issues of public~~	104784
~~debt obligations issued to the federal hospital insurance trust~~	104785
~~fund for the cost reporting period. No facility's return on net~~	104786
~~equity paid under this division shall exceed one dollar per~~	104787
~~patient day.~~	104788

~~In calculating the rate for return on net equity, the~~	104789
~~department shall use the greater of the facility's inpatient days~~	104790
~~during the applicable cost reporting period or the number of~~	104791
~~inpatient days the facility would have had during that period if~~	104792
~~its occupancy rate had been ninety-five per cent.~~	104793

(I)(1) For the purpose of determining ICFs/IID's medicaid	104794
payment rates for capital costs:	104795

(a) Buildings shall be depreciated using the straight line	104796
method over forty years or over a different period approved by the	104797
department.	104798

(b) Components and equipment shall be depreciated using the	104799
straight line method over a period designated by the director of	104800
developmental disabilities in rules adopted under section 5124.03	104801
of the Revised Code, consistent with the guidelines of the	104802
American hospital association, or over a different period approved	104803
by the department.	104804

(2) Any rules authorized by division (I)(1) of this section	104805
that specify useful lives of buildings, components, or equipment	104806
apply only to assets acquired on or after July 1, 1993.	104807
Depreciation for costs paid or reimbursed by any government agency	104808
shall not be included in costs of ownership or costs of	104809
nonextensive renovations unless that part of the payment under	104810
this chapter is used to reimburse the government agency.	104811

(J)(1) Except as provided in division ~~(I)~~(J)(2) of this	104812
section, if a provider leases or transfers an interest in a	104813
~~facility~~an ICF/IID to another provider who is a related party,	104814
the related party's allowable ~~cost~~costs of ownership shall	104815
include the lesser of the following:	104816

(a) The annual lease expense or actual cost of ownership,	104817
whichever is applicable;	104818

(b) The reasonable cost to the lessor or provider making the	104819
transfer.	104820

(2) If a provider leases or transfers an interest in a	104821
~~facility~~an ICF/IID to another provider who is a related party,	104822
regardless of the date of the lease or transfer, the related	104823
party's allowable cost of ownership shall include the annual lease	104824
expense or actual cost of ownership, whichever is applicable,	104825
subject to the limitations specified in divisions (B) to ~~(H)~~(I) of	104826
this section, if all of the following conditions are met:	104827

(a) The related party is a relative of owner;

104828

(b) In the case of a lease, if the lessor retains any	104829
ownership interest, it is, except as provided in division	104830
~~(I)~~(J)(2)(d)(ii) of this section, in only the real property and	104831
any improvements on the real property;	104832

(c) In the case of a transfer, the provider making the	104833
transfer retains, except as provided in division ~~(I)~~(J)(2)(d)(iv)	104834
of this section, no ownership interest in the ~~facility~~ICF/IID;	104835

(d) The department ~~of job and family services~~ determines that	104836
the lease or transfer is an arm's length transaction pursuant to	104837
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	104838
The rules shall provide that a lease or transfer is an arm's	104839
length transaction if all of the following, as applicable, apply:	104840

(i) In the case of a lease, once the lease goes into effect,	104841
the lessor has no direct or indirect interest in the lessee or,	104842
except as provided in division ~~(I)~~(J)(2)(b) of this section, the	104843
~~facility~~ICF/IID itself, including interest as an owner, officer,	104844
director, employee, independent contractor, or consultant, but	104845
excluding interest as a lessor.	104846

(ii) In the case of a lease, the lessor does not reacquire an	104847
interest in the ~~facility~~ICF/IID except through the exercise of a	104848
lessor's rights in the event of a default. If the lessor	104849
reacquires an interest in the ~~facility~~ICF/IID in this manner, the	104850
department shall treat the ~~facility~~ICF/IID as if the lease never	104851
occurred when the department ~~calculates~~determines its	104852
~~reimbursement rates~~payment rate for capital costs.	104853

(iii) In the case of a transfer, once the transfer goes into	104854
effect, the provider that made the transfer has no direct or	104855
indirect interest in the provider that acquires the ~~facility~~	104856
ICF/IID or the ~~facility~~ICF/IID itself, including interest as an	104857
owner, officer, director, employee, independent contractor, or	104858
consultant, but excluding interest as a creditor.	104859

(iv) In the case of a transfer, the provider that made the	104860
transfer does not reacquire an interest in the ~~facility~~ICF/IID	104861
except through the exercise of a creditor's rights in the event of	104862
a default. If the provider reacquires an interest in the ~~facility~~	104863
ICF/IID in this manner, the department shall treat the ~~facility~~	104864
ICF/IID as if the transfer never occurred when the department	104865
~~calculates~~determines its ~~reimbursement rates~~payment rate for	104866
capital costs.	104867

(v) The lease or transfer satisfies any other criteria	104868
specified in the rules.	104869

(e) Except in the case of hardship caused by a catastrophic	104870
event, as determined by the department, or in the case of a lessor	104871
or provider making the transfer who is at least sixty-five years	104872
of age, not less than twenty years have elapsed since, for the	104873
same ~~facility~~ICF/IID, allowable cost of ownership was determined	104874
most recently under this division.	104875

~~Sec. 5111.23.~~ Sec. 5124.19. (A) ~~The~~(1) For each fiscal year, the	104876
department of ~~job and family services~~developmental disabilities	104877
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	104878
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	104879
per ~~resident per~~medicaid day payment rate for direct care costs	104880
~~established prospectively for each facility. The department shall~~	104881
~~establish each facility's rate for direct care costs quarterly~~as	104882
follows:	104883

(a) Multiply the lesser of the following by the ICF/IID's	104884
annual average case-mix score determined or assigned under section	104885
5124.192 of the Revised Code for the calendar year immediately	104886
preceding the fiscal year for which the rate will be paid:	104887

(i) The ICF/IID's cost per case-mix unit for the calendar	104888
year immediately preceding the fiscal year for which the rate will	104889
be paid, as determined under division (B) of this section;	104890

(ii) The maximum cost per case-mix unit for the ICF/IID's	104891
peer group for the fiscal year for which the rate will be paid, as	104892
set under division (C) of this section;	104893

(b) Adjust the product determined under division (A)(1)(a) of	104894
this section by the inflation rate estimated under division (D)(1)	104895
of this section and modified under division (D)(2) of this	104896
section.	104897

(2) Except as otherwise directed by law enacted by the	104898
general assembly, the department shall determine each ICF/IID's	104899
rate for direct care costs prospectively.	104900

(B) ~~Each facility's rate for direct care costs shall be based~~	104901
~~on the facility's cost per case-mix unit, subject to the maximum~~	104902
~~costs per case-mix unit established under division (B)(2) of this~~	104903
~~section, from the calendar year preceding the fiscal year in which~~	104904
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	104905
~~all of the following:~~	104906

~~(1) Determine each facility's~~an ICF/IID's cost per case-mix	104907
unit for the calendar year immediately preceding the fiscal year	104908
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	104909
department shall divide the ICF/IID's desk-reviewed, actual,	104910
allowable, per diem direct care costs for that calendar year by	104911
its annual average case-mix score determined under section	104912
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	104913

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	104914
be paid, the department shall set the maximum cost per case-mix	104915
unit for each peer group of ~~intermediate care facilities for the~~	104916
~~mentally retarded~~ICFs/IID with more than eight beds ~~specified in~~	104917
~~rules adopted under division (F) of this section~~ at a percentage	104918
above the cost per case-mix unit ofdetermined under division (B)	104919
of this section for the ~~facility~~ICF/IID in the peer group that	104920
has the peer group's median number of medicaid ~~day~~days for the	104921
calendar year immediately preceding the fiscal year in which the	104922
rate will be paid~~, as calculated under division (B)(1) of this~~	104923
~~section, that is~~. The percentage shall be no less than the	104924
percentage ~~calculated under division (E)(2) of this section~~above	104925
the cost per case-mix unit determined under division (B) of this	104926
section for the ICF/IID that has the median number of medicaid	104927
days for calendar year 1992 for all ICFs/IID with more than eight	104928
beds that would result in payment of all desk-reviewed, actual,	104929
allowable direct care costs for eighty and one-half per cent of	104930
the medicaid days for such ICFs/IID for calendar year 1992.	104931

~~(b) Set~~(2) For each fiscal year for which a rate will be	104932
paid, the department shall set the maximum cost per case-mix unit	104933
for each peer group of ~~intermediate care facilities for the~~	104934
~~mentally retarded~~ICFs/IID with eight or fewer beds ~~specified in~~	104935
~~rules adopted under division (F) of this section~~ at a percentage	104936
above the cost per case-mix unit ofdetermined under division (B)	104937
of this section for the ~~facility~~ICF/IID in the peer group that	104938
has the peer group's median number of medicaid ~~day~~days for the	104939
calendar year immediately preceding the fiscal year in which the	104940
rate will be paid~~, as calculated under division (B)(1) of this~~	104941
~~section, that is~~. The percentage shall be no less than the	104942
percentage ~~calculated under division (E)(3) of this section~~above	104943
the cost per case-mix unit determined under division (B) of this	104944
section for the ICF/IID that has the median number of medicaid	104945
days for calendar year 1992 for all ICFs/IID with eight or fewer	104946
beds that would result in payment of all desk-reviewed, actual,	104947
allowable direct care costs for eighty and one-half per cent of	104948
the medicaid days for such ICFs/IID for calendar year 1992.	104949

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	104950
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	104951
section for each peer group, the department shall exclude from its	104952
~~calculations~~determinations the cost per case-mix unit of any	104953
~~facility~~ICF/IID in the peer group that participated in the	104954
medicaid program under the same ~~operator~~provider for less than	104955
twelve months during the calendar year immediately preceding the	104956
fiscal year in which the rate will be paid.	104957

~~(3) Estimate~~(4) The department shall not reset a peer	104958
group's maximum cost per case-mix unit for a fiscal year under	104959
division (C)(1) or (2) of this section based on additional	104960
information that it receives after it sets the maximum for that	104961
fiscal year. The department shall reset a peer group's maximum	104962
cost per case-mix unit for a fiscal year only if it made an error	104963
in setting the maximum for that fiscal year based on information	104964
available to the department at the time it originally sets the	104965
maximum for that fiscal year.	104966

(D)(1) The department shall estimate the rate of inflation	104967
for the eighteen-month period beginning on the first day of July	104968
of the calendar year preceding the fiscal year in which ~~the~~a rate	104969
will be paid and ending on the thirty-first day of December of the	104970
fiscal year in which the rate will be paid, using the ~~index~~	104971
~~specified in division (C) of this section. If the estimated~~	104972
~~inflation rate for the eighteen-month period is different from the~~	104973
~~actual inflation rate for that period, as measured using the same~~	104974
~~index, the difference shall be added to or subtracted from the~~	104975
~~inflation rate estimated under division (B)(3) of this section for~~	104976
~~the following fiscal year.~~	104977

~~(4) The department shall not recalculate a maximum cost per~~	104978
~~case-mix unit under division (B)(2) of this section or a~~	104979
~~percentage under division (E) of this section based on additional~~	104980
~~information that it receives after the maximum costs per case-mix~~	104981
~~unit or percentages are set. The department shall recalculate a~~	104982
~~maximum cost per case-mix units or percentage only if it made an~~	104983
~~error in computing the maximum cost per case-mix unit or~~	104984
~~percentage based on information available at the time of the~~	104985
~~original calculation.~~	104986

~~(C) The department shall use the~~ following ~~index for the~~	104987
~~purpose of division (B)(3) of this section~~:	104988

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	104989
the employment cost index for total compensation, health ~~services~~	104990
care and social assistance component, published by the United	104991
States bureau of labor statistics;	104992

~~(2)~~(b) If the United States bureau of labor statistics ceases	104993
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	104994
section, the index that is subsequently published by the bureau	104995
and covers ~~nursing facilities'~~the staff costs of ICFs/IID.	104996

~~(D) Each facility's rate for direct care costs shall be~~	104997
~~determined as follows for each calendar quarter within a fiscal~~	104998
~~year:~~	104999

~~(1) Multiply the lesser of the following by the facility's~~	105000
~~average case-mix score determined under section 5111.232 of the~~	105001
~~Revised Code for the calendar quarter that preceded the~~	105002
~~immediately preceding calendar quarter:~~	105003

~~(a) The facility's cost per case-mix unit for the calendar~~	105004
~~year preceding the fiscal year in which the rate will be paid, as~~	105005
~~determined under division (B)(1) of this section;~~	105006

~~(b) The maximum cost per case-mix unit established for the~~	105007
~~fiscal year in which the rate will be paid for the facility's peer~~	105008
~~group under division (B)(2) of this section;~~	105009

~~(2) Adjust the product determined under division (D)(1) of~~	105010
~~this section by the inflation rate estimated under division (B)(3)~~	105011
~~of this section.~~	105012

~~(E)(1) The department shall calculate the percentage above~~	105013
~~the median cost per case-mix unit determined under division (B)(1)~~	105014
~~of this section for the facility that has the median medicaid day~~	105015
~~for calendar year 1992 for all intermediate care facilities for~~	105016
~~the mentally retarded with more than eight beds that would result~~	105017
~~in payment of all desk-reviewed, actual, allowable direct care~~	105018
~~costs for eighty and one-half per cent of the medicaid days for~~	105019
~~such facilities for calendar year 1992.~~	105020

~~(2) The department shall calculate the percentage above the~~	105021
~~median cost per case-mix unit determined under division (B)(1) of~~	105022
~~this section for the facility that has the median medicaid day for~~	105023
~~calendar year 1992 for all intermediate care facilities for the~~	105024
~~mentally retarded with eight or fewer beds that would result in~~	105025
~~payment of all desk-reviewed, actual, allowable direct care costs~~	105026
~~for eighty and one-half per cent of the medicaid days for such~~	105027
~~facilities for calendar year 1992.~~	105028

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	105029
period specified in division (D)(1) of this section is different	105030
from the actual inflation rate for that period, as measured using	105031
the same index, the difference shall be added to or subtracted	105032
from the inflation rate estimated under division (D)(1) of this	105033
section for the following fiscal year.	105034

(E) The director of ~~job and family services~~developmental	105035
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	105036
the Revised Code that specify peer groups of ~~intermediate care~~	105037
~~facilities for the mentally retarded~~ICFs/IID with more than eight	105038
beds and ~~intermediate care facilities for the mentally retarded~~	105039
peer groups of ICFs/IID with eight or fewer beds, based on	105040
findings of significant per diem direct care cost differences due	105041
to geography and ~~facility~~ bed-size. The rules also may specify	105042
peer groups based on findings of significant per diem direct care	105043
cost differences due to other factors which may include case-mix.	105044

~~(G) The department, in accordance with division (D) of~~	105045
~~section 5111.232 of the Revised Code and rules adopted under~~	105046
~~division (F) of that section, may assign case-mix scores or costs~~	105047
~~per case-mix unit if a provider fails to submit assessment data~~	105048
~~necessary to calculate an intermediate care facility for the~~	105049
~~mentally retarded's case-mix score in accordance with that~~	105050
~~section.~~	105051

Sec. 5124.191. Each calendar quarter, each ICF/IID provider	105052
shall compile complete assessment data for each resident of each	105053
of the provider's ICFs/IID, regardless of payment source, who is	105054
in the ICF/IID, or on hospital or therapeutic leave from the	105055
ICF/IID, on the last day of the quarter. A resident assessment	105056
instrument specified in rules adopted under section 5124.03 of the	105057
Revised Code shall be used to compile the resident assessment	105058
data. Each provider shall submit the resident assessment data to	105059
the department of developmental disabilities not later than	105060
fifteen days after the end of the calendar quarter for which the	105061
data is compiled. The resident assessment data shall be submitted	105062
to the department through the medium or media specified in rules	105063
adopted under section 5124.03 of the Revised Code.	105064

Sec. 5124.192. (A) Except as provided in division (B) of	105065
this section, the department of developmental disabilities shall	105066
do both of the following:	105067

(1) For each calendar quarter, determine a case-mix score for	105068
each ICF/IID using the resident assessment data submitted to the	105069
department under section 5124.191 of the Revised Code and the	105070
grouper methodology prescribed in rules authorized by this	105071
section;	105072

(2) After the end of each calendar year and in accordance	105073
with rules authorized by this section, determine an annual average	105074
case-mix score for each ICF/IID using the ICF/IID's quarterly	105075
case-mix scores for that calendar year.	105076

(B)(1) Subject to division (B)(2) of this section, the	105077
department, for one or more months of a calendar quarter, may	105078
assign to an ICF/IID a case-mix score that is five per cent less	105079
than the ICF/IID's case-mix score for the immediately preceding	105080
calendar quarter if any of the following apply:	105081

(a) The provider does not timely submit complete and accurate	105082
resident assessment data necessary to determine the ICF/IID's	105083
case-mix score for the calendar quarter;	105084

(b) The ICF/IID was subject to an exception review under	105085
section 5124.193 of the Revised Code for the immediately preceding	105086
calendar quarter;	105087

(c) The ICF/IID was assigned a case-mix score for the	105088
immediately preceding calendar quarter.	105089

(2) Before assigning a case-mix score to an ICF/IID due to	105090
the submission of incorrect resident assessment data, the	105091
department shall permit the provider to correct the data. The	105092
department may assign the case-mix score if the provider fails to	105093
submit the corrected resident assessment data not later than	105094
forty-five days after the end of the calendar quarter to which the	105095
data pertains or later due date specified in rules authorized by	105096
this section.	105097

(3) If, for more than six months during a calendar year, a	105098
provider is paid a rate determined for an ICF/IID using a case-mix	105099
score assigned to the ICF/IID under division (B)(1) of this	105100
section, the department may assign the ICF/IID a cost per case-mix	105101
unit that is five per cent less than the ICF/IID's actual or	105102
assigned cost per case-mix unit for the immediately preceding	105103
calendar year. The department may use the assigned cost per	105104
case-mix unit, instead of determining the ICF/IID's actual cost	105105
per case-mix unit in accordance with section 5124.19 of the	105106
Revised Code, to establish the ICF/IID's rate for direct care	105107
costs for the fiscal year immediately following the calendar year	105108
for which the cost per case-mix unit is assigned.	105109

(4) The department shall take action under division (B)(1),	105110
(2), or (3) of this section only in accordance with rules	105111
authorized by this section. The department shall not take an	105112
action that affects medicaid payment rates for prior payment	105113
periods except in accordance with sections 5124.41 and 5124.42 of	105114
the Revised Code.	105115

(C) The director of developmental disabilities shall adopt	105116
rules under section 5124.03 of the Revised Code as necessary to	105117
implement this section.	105118

(1) The rules shall do all of the following:

105119

(a) Prescribe a grouper methodology to be used when	105120
determining the case-mix scores for ICFs/IID;	105121

(b) Specify the process for determining the annual average	105122
case-mix scores for ICFs/IID;	105123

(c) Establish procedures under which resident assessment data	105124
is to be reviewed for accuracy and providers are to be notified of	105125
any data that requires correction;	105126

(d) Establish procedures for providers to correct resident	105127
assessment data and, if necessary, specify a due date for	105128
corrections that is later than the due date specified in division	105129
(B)(2) of this section.	105130

(e) Specify when and how the department will assign a	105131
case-mix score or cost per case-mix unit to an ICF/IID under	105132
division (B) of this section if information necessary to calculate	105133
the ICF/IID's case-mix score is not provided or corrected in	105134
accordance with the procedures established by the rules.	105135

(2) Notwithstanding any other provision of this chapter, the	105136
rules may provide for excluding case-mix scores assigned to an	105137
ICF/IID under division (B) of this section from the determination	105138
of the ICF/IID's annual average case-mix score and the maximum	105139
cost per case-mix unit for the ICF/IID's peer group.	105140

Sec. 5124.193. (A) The department of developmental	105141
disabilities may, pursuant to rules authorized by this section,	105142
conduct an exception review of resident assessment data submitted	105143
by an ICF/IID provider under section 5124.191 of the Revised Code.	105144
The department may conduct an exception review based on the	105145
findings of a medicaid certification survey conducted by the	105146
department of health, a risk analysis, or prior performance of the	105147
provider.	105148

Exception reviews shall be conducted at the ICF/IID by	105149
appropriate health professionals under contract with or employed	105150
by the department. The professionals may review resident	105151
assessment forms and supporting documentation, conduct interviews,	105152
and observe residents to identify any patterns or trends of	105153
inaccurate resident assessments and resulting inaccurate case-mix	105154
scores.	105155

(B) If an exception review is conducted before the effective	105156
date of an ICF/IID's rate for direct care costs that is based on	105157
the resident assessment data being reviewed and the review results	105158
in findings that exceed tolerance levels specified in the rules	105159
authorized by this section, the department, in accordance with the	105160
rules authorized by this section, may use the findings to	105161
redetermine individual resident case-mix scores, the ICF/IID's	105162
case-mix score for the quarter, and the ICF/IID's annual average	105163
case-mix score. The department may use the ICF/IID's redetermined	105164
quarterly and annual average case-mix scores to determine the	105165
ICF/IID's rate for direct care costs for the appropriate calendar	105166
quarter or quarters.	105167

(C) The department shall prepare a written summary of any	105168
exception review finding that is made after the effective date of	105169
an ICF/IID's rate for direct care costs that is based on the	105170
resident assessment data that was reviewed. Where the provider is	105171
pursuing judicial or administrative remedies in good faith	105172
regarding the finding, the department shall not withhold from the	105173
provider's current payments any amounts the department claims to	105174
be due from the provider pursuant to section 5124.41 of the	105175
Revised Code.	105176

(D)(1) The director of developmental disabilities shall adopt	105177
rules under section 5124.03 of the Revised Code as necessary to	105178
implement this section. The rules shall establish an exception	105179
review program that does all of the following:	105180

(a) Requires each exception review to comply with Title XIX;

105181

(b) Requires a written summary for each exception review that	105182
states whether resident assessment forms have been completed	105183
accurately;	105184

(c) Prohibits each health professional who conducts an	105185
exception review from doing either of the following:	105186

(i) During the period of the professional's contract or	105187
employment with the department, having or being committed to	105188
acquire any direct or indirect financial interest in the	105189
ownership, financing, or operation of ICFs/IID in this state;	105190

(ii) Reviewing any provider that has been a client of the	105191
professional.	105192

(2) For the purposes of division (D)(1)(c)(i) of this	105193
section, employment of a member of a health professional's family	105194
by an ICF/IID that the professional does not review does not	105195
constitute a direct or indirect financial interest in the	105196
ownership, financing, or operation of the ICF/IID.	105197

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	105198
be part of the direct care costs of an ~~intermediate care facility~~	105199
~~for the mentally retarded~~ICF/IID as off-site day programming if	105200
the area in which the day programming is provided is not certified	105201
by the director of health as an ~~intermediate care facility for the~~	105202
~~mentally retarded~~ICF/IID under Title XIX and regardless of either	105203
of the following:	105204

(A) Whether or not the area in which the day programming is	105205
provided is less than two hundred feet away from the ~~intermediate~~	105206
~~care facility for the mentally retarded~~ICF/IID;	105207

(B) Whether or not the day programming is provided by an	105208
individual who, or organization that, is a related party to the	105209
provider of the ~~intermediate care facility for the mentally~~	105210
~~retarded~~ICF/IID.	105211

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	105212
department of ~~job and family services~~developmental disabilities	105213
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	105214
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	105215
per ~~resident per~~medicaid day payment rate for indirect care	105216
costs ~~established prospectively each fiscal year for each~~	105217
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	105218
ICF/IID's rate shall be determined prospectively. Subject to	105219
section 5124.28 of the Revised Code, an ICF/IID's rate ~~for each~~	105220
~~intermediate care facility for the mentally retarded~~ shall be the	105221
~~sum of the following, but shall not exceed~~lesser of the	105222
individual rate determined under division (B) of this section and	105223
the maximum rate ~~established~~determined for the ~~facility's~~	105224
ICF/IID's peer group under division ~~(B)~~(C) of this section.	105225

(B) An ICF/IID's individual rate is the sum of the following:

105226

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	105227
allowable, per diem indirect care costs from the calendar year	105228
immediately preceding the fiscal year in which the rate will be	105229
paid, adjusted for the inflation rate estimated under division	105230
~~(C)~~(D)(1) of this section;	105231

(2) AnIf the ICF/IID has more than eight beds, an efficiency	105232
incentive in the following amount:	105233

(a) For fiscal ~~years ending in even-numbered calendar years:~~

105234

~~(i) In the case of intermediate care facilities for the~~	105235
~~mentally retarded withmore than eight beds,~~year 2014, seven and	105236
one-tenth per cent of the maximum rate established for the	105237
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	105238
section;	105239

~~(ii) In the case of intermediate care facilities for the~~	105240
~~mentally retarded with~~(b) For fiscal year 2015, the following	105241
amount:	105242

(i) The amount calculated for fiscal year 2014 under division	105243
(B)(2)(a) of this section if the provider of the ICF/IID obtains	105244
the department's approval to become a downsized ICF/IID and the	105245
approval is conditioned on the downsizing being completed not	105246
later than July 1, 2018;	105247

(ii) One-half of the amount calculated for fiscal year 2014	105248
under division (B)(2)(a) of this section if division (B)(2)(b)(i)	105249
of this section does not apply to the ICF/IID.	105250

(c) For fiscal year 2016 and each fiscal year thereafter	105251
ending in an even-numbered calendar year, the following	105252
percentages of the maximum rate established for the ICF/IID's peer	105253
group under division (C) of this section:	105254

(i) Seven and one-tenth per cent if the provider of the	105255
ICF/IID obtains the department's approval to become a downsized	105256
ICF/IID and the approval is conditioned on the downsizing being	105257
completed not later than July 1, 2018;	105258

(ii) Three and fifty-five hundredths per cent if division	105259
(B)(2)(c)(i) of this section does not apply to the ICF/IID.	105260

(d) For fiscal year 2017 and each fiscal year thereafter	105261
ending in an odd-numbered calendar year, the amount calculated for	105262
the immediately preceding fiscal year under division (B)(2)(c) of	105263
this section.	105264

(3) If the ICF/IID has eight or fewer beds, an efficiency	105265
incentive in the following amount:	105266

(a) For each fiscal year ending in an even-numbered calendar	105267
year, seven per cent of the maximum rate established for the	105268
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	105269
section;	105270

(b) For each fiscal ~~years~~year ending in an odd-numbered	105271
calendar ~~years~~year, the amount calculated for the immediately	105272
preceding fiscal year under division ~~(A)(2)~~(B)(3)(a) of this	105273
section.	105274

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	105275
peer group of ~~intermediate care facilities for the mentally~~	105276
~~retarded~~ICFs/IID with more than eight beds ~~specified in rules~~	105277
~~adopted under division (D) of this section~~ shall be determined as	105278
follows:	105279

(a) For each fiscal ~~years~~year ending in an even-numbered	105280
calendar ~~years~~year, the maximum rate for each such peer group	105281
shall be the rate that is no less than twelve and four-tenths per	105282
cent above the median desk-reviewed, actual, allowable, per diem	105283
indirect care cost for all ~~intermediate care facilities for the~~	105284
~~mentally retarded with more than eight beds~~ICFs/IID in the peer	105285
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	105286
indirect care costs for that period are more than three standard	105287
deviations from the mean desk-reviewed, actual, allowable, per	105288
diem indirect care cost for all ~~intermediate care facilities for~~	105289
~~the mentally retarded~~ICFs/IID with more than eight beds,) for the	105290
calendar year immediately preceding the fiscal year in which the	105291
rate will be paid, adjusted by the inflation rate estimated under	105292
division ~~(C)~~(D)(1) of this section.	105293

(b) For each fiscal ~~years~~year ending in an odd-numbered	105294
calendar ~~years~~year, the maximum rate for each such peer group is	105295
the peer group's maximum rate for the previous fiscal year,	105296
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	105297
of this section.	105298

(2) The maximum rate for indirect care costs for each peer	105299
group of ~~intermediate care facilities for the mentally retarded~~	105300
ICFs/IID with eight or fewer beds ~~specified in rules adopted under~~	105301
~~division (D) of this section~~ shall be determined as follows:	105302

(a) For each fiscal ~~years~~year ending in an even-numbered	105303
calendar ~~years~~year, the maximum rate for each such peer group	105304
shall be the rate that is no less than ten and three-tenths per	105305
cent above the median desk-reviewed, actual, allowable, per diem	105306
indirect care cost for all ~~intermediate care facilities for the~~	105307
~~mentally retarded with eight or fewer beds~~ICFs/IID in the peer	105308
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	105309
indirect care costs are more than three standard deviations from	105310
the mean desk-reviewed, actual, allowable, per diem indirect care	105311
cost for all ~~intermediate care facilities for the mentally~~	105312
~~retarded~~ICFs/IID with eight or fewer beds,) for the calendar year	105313
immediately preceding the fiscal year in which the rate will be	105314
paid, adjusted by the inflation rate estimated under division	105315
~~(C)~~(D)(1) of this section.	105316

(b) For each fiscal ~~years that end~~year ending in an	105317
odd-numbered calendar ~~years~~year, the maximum rate for each such	105318
peer group is the peer group's maximum rate for the previous	105319
fiscal year, adjusted for the inflation rate estimated under	105320
division ~~(C)~~(D)(2) of this section.	105321

(3) The department shall not ~~recalculate~~redetermine a	105322
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	105323
(2) of this section based on additional information that it	105324
receives after the maximum rate is set. The department shall	105325
~~recalculate~~redetermine the maximum rate for indirect care costs	105326
only if it made an error in computing the maximum rate based on	105327
the information available to the department at the time of the	105328
original calculation.	105329

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	105330
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	105331
department shall estimate the rate of inflation for the	105332
eighteen-month period beginning on the first day of July of the	105333
calendar year immediately preceding the fiscal year in which the	105334
rate will be paid and ending on the thirty-first day of December	105335
of the fiscal year in which the rate will be paid. To estimate the	105336
rate of inflation, the department shall use the following:	105337

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	105338
consumer price index for all items for all urban consumers for the	105339
~~north central~~midwest region, published by the United States	105340
bureau of labor statistics;	105341

(b) If the United States bureau of labor statistics ceases to	105342
publish the index specified in division ~~(C)~~(D)(1)(a) of this	105343
section, a comparable index that the bureau publishes and the	105344
department determines is appropriate.	105345

(2) When adjusting rates for inflation under divisions	105346
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	105347
shall estimate the rate of inflation for the twelve-month period	105348
beginning on the first day of January of the fiscal year	105349
immediately preceding the fiscal year in which the rate will be	105350
paid and ending on the thirty-first day of December of the fiscal	105351
year in which the rate will be paid. To estimate the rate of	105352
inflation, the department shall use the following:	105353

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	105354
consumer price index for all items for all urban consumers for the	105355
~~north central~~midwest region, published by the United States	105356
bureau of labor statistics;	105357

(b) If the United States bureau of labor statistics ceases to	105358
publish the index specified in division ~~(C)~~(D)(2)(a) of this	105359
section, a comparable index that the bureau publishes and the	105360
department determines is appropriate.	105361

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	105362
or (2) of this section is different from the actual inflation rate	105363
for the relevant time period, as measured using the same index,	105364
the difference shall be added to or subtracted from the inflation	105365
rate estimated pursuant to this division for the following fiscal	105366
year.	105367

~~(D)~~(E) The director of ~~job and family services~~developmental	105368
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	105369
the Revised Code that specify peer groups of ~~intermediate care~~	105370
~~facilities for the mentally retarded~~ICFs/IID with more than eight	105371
beds, and peer groups of ~~intermediate care facilities for the~~	105372
~~mentally retarded~~ICFs/IID with eight or fewer beds, based on	105373
findings of significant per diem indirect care cost differences	105374
due to geography and ~~facility~~ bed-size. The rules also may specify	105375
peer groups based on findings of significant per diem indirect	105376
care cost differences due to other factors, including case-mix.	105377

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	105378
department of ~~job and family services~~developmental disabilities	105379
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	105380
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	105381
per ~~resident per~~medicaid day payment rate for other protected	105382
costs ~~established prospectively each fiscal year for each~~	105383
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	105384
ICF/IID's rate shall be determined prospectively. An ICF/IID's	105385
rate ~~for each facility~~ shall be the ~~facility's~~ICF/IID's	105386
desk-reviewed, actual, allowable, per diem other protected costs	105387
from the calendar year immediately preceding the fiscal year in	105388
which the rate will be paid, all adjusted for the estimated	105389
inflation rate for the eighteen-month period beginning on the	105390
first day of July of the calendar year immediately preceding the	105391
fiscal year in which the rate will be paid and ending on the	105392
thirty-first day of December of that fiscal year. The department	105393
shall estimate inflation using the index specified in division (B)	105394
of this section. If the estimated inflation rate for the	105395
eighteen-month period is different from the actual inflation rate	105396
for that period, the difference shall be added to or subtracted	105397
from the inflation rate estimated for the following year.	105398

(B) The department shall use the following index for the	105399
purpose of division (A) of this section:	105400

(1) ~~The~~Subject to division (B)(2) of this section, the	105401
consumer price index for all urban consumers for nonprescription	105402
drugs and medical supplies, as published by the United States	105403
bureau of labor statistics;	105404

(2) If the United States bureau of labor statistics ceases to	105405
publish the index specified in division (B)(1) of this section,	105406
the index that is subsequently published by the bureau and covers	105407
nonprescription drugs and medical supplies.	105408

Sec. 5124.25. (A) Subject to division (D) of this section,	105409
the department of developmental disabilities may pay a medicaid	105410
rate add-on to an ICF/IID provider for outlier ICF/IID services	105411
the ICF/IID provides to qualifying ventilator-dependent residents	105412
on or after the effective date of this section, if the provider	105413
applies to the department of developmental disabilities to receive	105414
the rate add-on and the department approves the application. The	105415
department of developmental disabilities may approve a provider's	105416
application if all of the following apply:	105417

(1) The provider submits to the department of developmental	105418
disabilities a best practices protocol for providing outlier	105419
ICF/IID services under this section and the department of	105420
developmental disabilities determines that the protocol is	105421
acceptable;	105422

(2) The provider executes with the department of medicaid an	105423
addendum to its provider agreement for the ICF/IID regarding the	105424
outlier ICF/IID services;	105425

(3) The provider and ICF/IID meet all other eligibility	105426
requirements for the rate add-on established in rules authorized	105427
by this section.	105428

(B) An ICF/IID that has been approved by the department of	105429
developmental disabilities to provider outlier ICF/IID services	105430
under this section shall provide the services in accordance with	105431
both of the following:	105432

(1) The best practices protocol the department of	105433
developmental disabilities determined is acceptable;	105434

(2) Requirements regarding the services established in rules	105435
authorized by this section.	105436

(C) To qualify to receive outlier ICF/IID services from an	105437
ICF/IID under this section, a resident of the ICF/IID must be a	105438
medicaid recipient, be under twenty-two years of age, be dependent	105439
on a ventilator, and meet all other eligibility requirements	105440
established in rules authorized by this section.	105441

(D) The department of developmental disabilities shall	105442
negotiate the amount of the medicaid payment rate add-on, if any,	105443
to be paid under this section, or the method by which that amount	105444
is to be determined, with the department of medicaid. The	105445
department of developmental disabilities shall not pay the rate	105446
add-on unless the department has approved the amount of the rate	105447
add-on or method by which the amount is to be determined.	105448

Sec. 5124.28. Notwithstanding any provision of section	105449
5124.17 or 5124.21 of the Revised Code, the director of	105450
developmental disabilities may adopt rules under section 5124.03	105451
of the Revised Code that provide for the determination of a	105452
combined maximum payment limit for indirect care costs and costs	105453
of ownership for ICFs/IID with eight or fewer beds.	105454

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	105455
section ~~5111.264~~5124.30 of the Revised Code, the department of	105456
~~job and family services~~developmental disabilities, in determining	105457
whether an ~~intermediate care facility for the mentally retarded's~~	105458
ICF/IID's direct care costs and indirect care costs are allowable,	105459
shall place no limit on specific categories of reasonable costs	105460
other than compensation of owners, compensation of relatives of	105461
owners, and compensation of administrators.	105462

Compensation cost limits for owners and relatives of owners	105463
shall be based on compensation costs for individuals who hold	105464
comparable positions but who are not owners or relatives of	105465
owners, as reported on ~~facility~~ICFs/IID's cost reports. As used	105466
in this section, "comparable position" means the position that is	105467
held by the owner or the owner's relative, if that position is	105468
listed separately on the cost report form, or if the position is	105469
not listed separately, the group of positions that is listed on	105470
the cost report form and that includes the position held by the	105471
owner or the owner's relative. In the case of an owner or owner's	105472
relative who serves the ~~facility~~ICFs/IID in a capacity such as	105473
corporate officer, proprietor, or partner for which no comparable	105474
position or group of positions is listed on the cost report form,	105475
the compensation cost limit shall be based on civil service	105476
equivalents and shall be specified in rules adopted under section	105477
~~5111.02~~5124.03 of the Revised Code.	105478

Compensation cost limits for administrators shall be based on	105479
compensation costs for administrators who are not owners or	105480
relatives of owners, as reported on ~~facility~~ICFs/IID's cost	105481
reports. Compensation cost limits for administrators of four or	105482
more ~~intermediate care facilities for the mentally retarded~~	105483
ICFs/IID shall be the same as the limits for administrators of	105484
~~intermediate care facilities for the mentally retarded~~ICFs/IID	105485
with one hundred fifty or more beds.	105486

Sec. 5124.30. Except as provided in section 5124.17 of the	105487
Revised Code, the costs of goods, services, and facilities,	105488
furnished to an ICF/IID provider by a related party are includable	105489
in the allowable costs of the provider at the reasonable cost to	105490
the related party.	105491

Sec. 5124.31. The department of developmental disabilities	105492
shall adjust medicaid payment rates determined under this chapter	105493
to account for reasonable additional costs that must be incurred	105494
by ICFs/IID to comply with requirements of federal or state	105495
statutes, rules, or policies enacted or amended after January 1,	105496
1992, or with orders issued by state or local fire authorities.	105497

Sec. 5124.32. The department of developmental disabilities	105498
shall not reduce an ICF/IID's medicaid payment rate determined	105499
under this chapter on the basis that the provider charges a lower	105500
rate to any resident who is not eligible for medicaid.	105501

Sec. 5124.33. No medicaid payment shall be made to an	105502
ICF/IID provider for the day a medicaid recipient is discharged	105503
from the ICF/IID.	105504

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	105505
of developmental disabilities shall pay an ICF/IID provider ~~of an~~	105506
~~intermediate care facility for the mentally retarded under~~	105507
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	105508
~~payments to the provider, at a rate equal to the percentage~~one	105509
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	105510
~~that the department of job and family services has established~~	105511
payment rate determined for the ~~provider's facility~~ICF/IID under	105512
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	105513
~~year for which the cost of services is reimbursed,~~this chapter to	105514
reserve a bed for a resident who is a medicaid recipient ~~during a~~	105515
~~temporary absence under conditions prescribed by the department,~~	105516
~~to include hospitalization for an acute condition, visits with~~	105517
~~relatives and friends, and participation in therapeutic programs~~	105518
~~outside the facility, when the~~if all of the following apply:	105519

(1) The recipient is temporarily absent from the ICF/IID for	105520
a reason that makes the absence qualified for payments under this	105521
section as specified in rules authorized by this section;	105522

(2) The resident's plan of care provides for ~~such~~the absence	105523
~~and federal~~;	105524

(3) Federal financial participation ~~in the payments~~ is	105525
available for the payments. ~~The~~	105526

(B) The maximum period during which medicaid payments may be	105527
made to reserve a bed shall not exceed the maximum period	105528
specified ~~under~~in federal regulations, and shall not be more	105529
than thirty days during any calendar year for hospital stays,	105530
visits with relatives and friends, and participation in	105531
therapeutic ~~programs.~~	105532

~~Recipients~~programs. However, a resident shall not be subject	105533
to a maximum period during which payments may be made to reserve a	105534
bed ~~in an intermediate care facility for the mentally retarded~~ if	105535
prior authorization of the department is obtained for hospital	105536
stays, visits with relatives and friends, and participation in	105537
therapeutic programs. ~~The~~	105538

(C)(1) The director of ~~job and family services~~developmental	105539
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	105540
the Revised Code ~~establishing~~as necessary to implement this	105541
section, including rules that do the following:	105542

(a) Specify the reasons for which a temporary absence from an	105543
ICF/IID makes the absence qualify for payments under this section;	105544

(b) Establish conditions under which prior authorization may	105545
be obtained for the purpose of division (B) of this section.	105546

(2) The rules authorized by division (C)(1)(a) of this	105547
section shall include the following as reasons for which a	105548
temporary absence from an ICF/IID qualifies for payments under	105549
this section:	105550

(a) Hospitalization for acute conditions;

105551

(b) Visits with relatives and friends;

105552

(c) Participation in therapeutic programs outside the	105553
ICF/IID.	105554

Sec. 5124.35. Medicaid payments may be made for ICF/IID	105555
services provided not later than thirty days after the effective	105556
date of an involuntary termination of the ICF/IID that provides	105557
the services if the services are provided to a medicaid recipient	105558
who is eligible for the services and resided in the ICF/IID before	105559
the effective date of the involuntary termination.	105560

Sec. 5124.37. The department of developmental disabilities	105561
shall make its best efforts each year to determine ICFs/IID's	105562
medicaid payment rates under this chapter in time to pay the rates	105563
by August fifteenth of each fiscal year. If the department is	105564
unable to calculate the rates so that they can be paid by that	105565
date, the department shall pay each provider the rate calculated	105566
for the provider's ICFs/IID under those sections at the end of the	105567
previous fiscal year. If the department also is unable to	105568
calculate the rates to make the payments due by the fifteenth day	105569
of September and the fifteenth day of October, the department	105570
shall pay the previous fiscal year's rate to make those payments.	105571
The department may increase by five per cent the previous fiscal	105572
year's rate paid for any ICF/IID pursuant to this section at the	105573
request of the provider. The department shall use rates calculated	105574
for the current fiscal year to make the payments due by the	105575
fifteenth day of November.	105576

If an ICF/IID's medicaid payment rate paid under this section	105577
is lower than the rate calculated for it for the current fiscal	105578
year, the department shall pay the provider the difference between	105579
the two rates for the number of days for which the provider is	105580
paid the lower rate. If an ICF/IID's medicaid payment rate paid	105581
under this section is higher than the rate calculated for it for	105582
the current fiscal year, the provider shall refund to the	105583
department the difference between the two rates for the number of	105584
days for which the provider is paid the higher rate.	105585

Sec. 5124.38. (A) The director of developmental disabilities	105586
shall establish a process under which an ICF/IID provider, or a	105587
group or association of ICF/IID providers, may seek	105588
reconsideration of medicaid payment rates established under this	105589
chapter, including a rate for direct care costs redetermined	105590
before the effective date of the rate as a result of an exception	105591
review conducted under section 5124.193 of the Revised Code.	105592
Except as provided in divisions (B) to (D) of this section, the	105593
only issue that a provider, group, or association may raise in the	105594
rate reconsideration is whether the rate was calculated in	105595
accordance with this chapter and the rules adopted under section	105596
5124.03 of the Revised Code. The provider, group, or association	105597
may submit written arguments or other materials that support its	105598
position. The provider, group, or association and department shall	105599
take actions regarding the rate reconsideration within time frames	105600
specified in rules authorized by this section.	105601

If the department determines, as a result of the rate	105602
reconsideration, that the rate established for one or more	105603
ICFs/IID is less than the rate to which the ICF/IID is entitled,	105604
the department shall increase the rate. If the department has paid	105605
the incorrect rate for a period of time, the department shall pay	105606
the provider of the ICF/IID the difference between the amount the	105607
provider was paid for that period for the ICF/IID and the amount	105608
the provider should have been paid for the ICF/IID.	105609

(B)(1) The department, through the rate reconsideration	105610
process, may increase during a fiscal year the medicaid payment	105611
rate determined for an ICF/IID under this chapter if the provider	105612
demonstrates that the ICF/IID's actual, allowable costs have	105613
increased because of any of the following extreme circumstances:	105614

(a) A natural disaster;

105615

(b) A nonextensive renovation approved under division (D) of	105616
section 5124.17 of the Revised Code;	105617

(c) If the ICF/IID has an appropriate claims management	105618
program, an increase in the ICF/IID's workers' compensation	105619
experience rating of greater than five per cent;	105620

(d) If the ICF/IID is an inner-city ICF/IID, increased	105621
security costs;	105622

(e) A change of ownership that results from bankruptcy,	105623
foreclosure, or findings by the department of health of violations	105624
of medicaid certification requirements;	105625

(f) Other extreme circumstances specified in rules authorized	105626
by this section.	105627

(2) An ICF/IID may qualify for a rate increase under this	105628
division only if its per diem, actual, allowable costs have	105629
increased to a level that exceeds its total rate. An increase	105630
under this division is subject to any rate limitations or maximum	105631
rates established by this chapter for specific cost centers. Any	105632
rate increase granted under this division shall take effect on the	105633
first day of the first month after the department receives the	105634
request.	105635

(C) The department, through the rate reconsideration process,	105636
may increase an ICF/IID's rate as determined under this chapter if	105637
the department, in the department's sole discretion, determines	105638
that the rate as determined under those sections works an extreme	105639
hardship on the ICF/IID.	105640

(D) When beds certified for the medicaid program are added to	105641
an existing ICF/IID or replaced at the same site, the department,	105642
through the rate reconsideration process, may increase the	105643
ICF/IID's rate for capital costs proportionately, as limited by	105644
any applicable limitation under section 5124.17 of the Revised	105645
Code, to account for the costs of the beds that are added or	105646
replaced. If the department makes this increase, it shall make the	105647
increase one month after the first day of the month after the	105648
department receives sufficient documentation of the costs. Any	105649
rate increase granted under this division after June 30, 1993,	105650
shall remain in effect until the effective date of a rate for	105651
capital costs determined under section 5124.17 of the Revised Code	105652
that includes costs incurred for a full calendar year for the bed	105653
addition or bed replacement. The ICF/IID shall report double	105654
accumulated depreciation in an amount equal to the depreciation	105655
included in the rate adjustment on its cost report for the first	105656
year of operation. During the term of any loan used to finance a	105657
project for which a rate adjustment is granted under this	105658
division, if the ICF/IID is operated by the same provider, the	105659
provider shall subtract from the interest costs it reports on its	105660
cost report an amount equal to the difference between the	105661
following:	105662

(1) The actual, allowable interest costs for the loan during	105663
the calendar year for which the costs are being reported;	105664

(2) The actual, allowable interest costs attributable to the	105665
loan that were used to calculate the rates paid to the provider	105666
for the ICF/IID during the same calendar year.	105667

(E) The department's decision at the conclusion of the	105668
reconsideration process is not subject to any administrative	105669
proceedings under Chapter 119. or any other provision of the	105670
Revised Code.	105671

(F) The director of developmental disabilities shall adopt	105672
rules under section 5124.03 of the Revised Code as necessary to	105673
implement this section.	105674

Sec. 5124.40. If an ICF/IID provider properly amends a cost	105675
report for an ICF/IID under section 5124.107 of the Revised Code	105676
and the amended report shows that the provider received a lower	105677
medicaid payment rate under the original cost report than the	105678
provider was entitled to receive, the department of developmental	105679
disabilities shall adjust the provider's rate for the ICF/IID	105680
prospectively to reflect the corrected information. The department	105681
shall pay the adjusted rate beginning two months after the first	105682
day of the month after the provider files the amended cost report.	105683

If the department finds, from an exception review of resident	105684
assessment data conducted pursuant to section 5124.193 of the	105685
Revised Code after the effective date of an ICF/IID's rate for	105686
direct care costs that is based on the resident assessment data,	105687
that inaccurate resident assessment data resulted in the provider	105688
receiving a lower rate for the ICF/IID than the provider was	105689
entitled to receive, the department prospectively shall adjust the	105690
provider's rate for the ICF/IID accordingly. The department shall	105691
make payments to the provider using the adjusted rate for the	105692
remainder of the calendar quarter for which the resident	105693
assessment data is used to determine the rate, beginning one month	105694
after the first day of the month after the exception review is	105695
completed.	105696

Sec. 5124.41. (A) The department of developmental	105697
disabilities shall redetermine a provider's medicaid payment rate	105698
for an ICF/IID using revised information if any of the following	105699
results in a determination that the provider received a higher	105700
medicaid payment rate for the ICF/IID than the provider was	105701
entitled to receive:	105702

(1) The provider properly amends a cost report for the	105703
ICF/IID under section 5124.107 of the Revised Code;	105704

(2) The department makes a finding based on an audit under	105705
section 5124.109 of the Revised Code;	105706

(3) The department makes a finding based on an exception	105707
review of resident assessment data conducted under section	105708
5124.193 of the Revised Code after the effective date of the	105709
ICF/IID's rate for direct care costs that is based on the resident	105710
assessment data.	105711

(B) The department shall apply the redetermined rate to the	105712
periods when the provider received the incorrect rate to determine	105713
the amount of the overpayment. The provider shall refund the	105714
amount of the overpayment. The department may charge the provider	105715
the following amount of interest from the time the overpayment was	105716
made:	105717

(1) If the overpayment resulted from costs reported for	105718
calendar year 1993, the interest shall be not greater than one and	105719
one-half times the current average bank prime rate.	105720

(2) If the overpayment resulted from costs reported for a	105721
subsequent calendar year:	105722

(a) The interest shall be not greater than two times the	105723
current average bank prime rate if the overpayment was not more	105724
than one per cent of the total medicaid payments to the provider	105725
for the fiscal year for which the incorrect information was used	105726
to determine a rate.	105727

(b) The interest shall be not greater than two and one-half	105728
times the current average bank prime rate if the overpayment was	105729
more than one per cent of the total medicaid payments to the	105730
provider for the fiscal year for which the incorrect information	105731
was used to determine a rate.	105732

Sec. 5124.42. In addition to the other penalties authorized	105733
by this chapter, the department of developmental disabilities may	105734
impose the following penalties on an ICF/IID provider:	105735

(A) If the provider does not furnish invoices or other	105736
documentation that the department requests during an audit within	105737
sixty days after the request, a fine of not more than the greater	105738
of the following:	105739

(1) One thousand dollars per audit;

105740

(2) Twenty-five per cent of the cumulative amount by which	105741
the costs for which documentation was not furnished increased the	105742
total medicaid payments to the provider during the fiscal year for	105743
which the costs were used to determine a rate.	105744

(B) If an exiting operator or owner fails to provide notice	105745
of a facility closure or voluntary termination as required by	105746
section 5124.50 of the Revised Code, or an exiting operator or	105747
owner and entering operator fail to provide notice of a change of	105748
operator as required by section 5124.51 of the Revised Code, a	105749
fine of not more than the current average bank prime rate plus	105750
four per cent of the last two monthly payments.	105751

Sec. 5124.43. For the purposes of sections 5124.41 and	105752
5124.42 of the Revised Code, the department of developmental	105753
disabilities shall determine the current average bank prime rate	105754
using statistical release H.15, "selected interest rates," a	105755
weekly publication of the federal reserve board, or any successor	105756
publication. If statistical release H.15, or its successor, ceases	105757
to contain the bank prime rate information or ceases to be	105758
published, the department shall request a written statement of the	105759
average bank prime rate from the federal reserve bank of Cleveland	105760
or the federal reserve board.	105761

Sec. 5124.44. (A) Except as provided in division (B) of this	105762
section, the department of developmental disabilities shall deduct	105763
the following from the next available medicaid payment the	105764
department makes to an ICF/IID provider who continues to	105765
participate in medicaid:	105766

(1) Any amount the provider is required to refund, and any	105767
interest charged, under section 5124.41 of the Revised Code;	105768

(2) The amount of any penalty imposed on the provider under	105769
section 5124.42 of the Revised Code.	105770

(B) The department and an ICF/IID provider may enter into an	105771
agreement under which a deduction required by division (A) of this	105772
section is taken in installments from payments the department	105773
makes to the provider.	105774

Sec. 5124.45. The department of developmental disabilities	105775
shall transmit to the treasurer of state for deposit in the	105776
general revenue fund amounts collected from the following:	105777

(A) Refunds required by, and interest charged under, section	105778
5124.41 of the Revised Code;	105779

(B) Amounts collected from penalties imposed under section	105780
5124.42 of the Revised Code.	105781

Sec. 5124.46. All of the following are subject to an	105782
adjudication conducted in accordance with Chapter 119. of the	105783
Revised Code:	105784

(A) Any audit disallowance that the department of	105785
developmental disabilities makes as the result of an audit under	105786
section 5124.109 of the Revised Code;	105787

(B) Any adverse finding that results from an exception review	105788
of resident assessment data conducted for an ICF/IID under section	105789
5124.193 of the Revised Code after the effective date of the	105790
ICF/IID's medicaid payment rate for direct care costs that is	105791
based on the resident assessment data;	105792

(C) Any medicaid payment deemed an overpayment under section	105793
5124.523 of the Revised Code;	105794

(D) Any penalty the department imposes under section 5124.42	105795
of the Revised Code or section 5124.523 of the Revised Code.	105796

Sec. 5124.50. An exiting operator or owner of an ICF/IID	105797
participating in the medicaid program shall provide the department	105798
of developmental disabilities and department of medicaid written	105799
notice of a facility closure or voluntary termination not less	105800
than ninety days before the effective date of the facility closure	105801
or voluntary termination. The written notice shall be provided to	105802
the department of developmental disabilities and department of	105803
medicaid in accordance with the method specified in rules	105804
authorized by section 5124.53 of the Revised Code.	105805

The written notice shall include all of the following:

105806

(A) The name of the exiting operator and, if any, the exiting	105807
operator's authorized agent;	105808

(B) The name of the ICF/IID that is the subject of the	105809
written notice;	105810

(C) The exiting operator's medicaid provider agreement number	105811
for the ICF/IID that is the subject of the written notice;	105812

(D) The effective date of the facility closure or voluntary	105813
termination;	105814

(E) The signature of the exiting operator's or owner's	105815
representative.	105816

Sec. 5124.51. (A) An exiting operator or owner and entering	105817
operator shall provide the department of developmental	105818
disabilities and department of medicaid written notice of a change	105819
of operator if the ICF/IID participates in the medicaid program	105820
and the entering operator seeks to continue the ICF/IID's	105821
participation. The written notice shall be provided to the	105822
department of developmental disabilities and department of	105823
medicaid in accordance with the method specified in rules	105824
authorized by section 5124.53 of the Revised Code. The written	105825
notice shall be provided to the department of developmental	105826
disabilities and department of medicaid not later than forty-five	105827
days before the effective date of the change of operator if the	105828
change of operator does not entail the relocation of residents.	105829
The written notice shall be provided to the department of	105830
developmental disabilities and department of medicaid not later	105831
than ninety days before the effective date of the change of	105832
operator if the change of operator entails the relocation of	105833
residents.	105834

The written notice shall include all of the following:

105835

(1) The name of the exiting operator and, if any, the exiting	105836
operator's authorized agent;	105837

(2) The name of the ICF/IID that is the subject of the change	105838
of operator;	105839

(3) The exiting operator's seven-digit medicaid legacy number	105840
and ten-digit national provider identifier number for the ICF/IID	105841
that is the subject of the change of operator;	105842

(4) The name of the entering operator;

105843

(5) The effective date of the change of operator;

105844

(6) The manner in which the entering operator becomes the	105845
ICF/IID's operator, including through sale, lease, merger, or	105846
other action;	105847

(7) If the manner in which the entering operator becomes the	105848
ICF/IID's operator involves more than one step, a description of	105849
each step;	105850

(8) Written authorization from the exiting operator or owner	105851
and entering operator for the department of medicaid to process a	105852
provider agreement for the entering operator;	105853

(9) The names and addresses of the persons to whom the	105854
department of developmental disabilities and department of	105855
medicaid should send initial correspondence regarding the change	105856
of operator;	105857

(10) The signature of the exiting operator's or owner's	105858
representative.	105859

(B) An exiting operator or owner and entering operator	105860
immediately shall provide the department of developmental	105861
disabilities and department of medicaid notice of any changes to	105862
information included in a written notice of a change of operator	105863
that occur after that notice is provided to the department of	105864
developmental disabilities and department of medicaid. The notice	105865
of the changes shall be provided to the department of	105866
developmental disabilities and department of medicaid in	105867
accordance with the method specified in rules authorized by	105868
section 5124.53 of the Revised Code.	105869

Sec. 5124.511. The department of medicaid may enter into a	105870
provider agreement with an entering operator that goes into effect	105871
at 12:01 a.m. on the effective date of the change of operator if	105872
all of the following requirements are met:	105873

(A) The department receives a properly completed written	105874
notice required by section 5124.51 of the Revised Code on or	105875
before the date required by that section.	105876

(B) The department receives both of the following in	105877
accordance with the method specified in rules authorized by	105878
section 5124.53 of the Revised Code and not later than ten days	105879
after the effective date of the change of operator:	105880

(1) From the entering operator, a completed application for a	105881
provider agreement and all other forms and documents specified in	105882
rules authorized by section 5124.53 of the Revised Code;	105883

(2) From the exiting operator or owner, all forms and	105884
documents specified in rules authorized by section 5124.53 of the	105885
Revised Code.	105886

(C) The entering operator is eligible to enter into a	105887
provider agreement for the ICF/IID as provided in section 5124.06	105888
of the Revised Code.	105889

Sec. 5124.512. (A) The department of medicaid may enter into	105890
a provider agreement with an entering operator that goes into	105891
effect at 12:01 a.m. on the date determined under division (B) of	105892
this section if all of the following are the case:	105893

(1) The department receives a properly completed written	105894
notice required by section 5124.51 of the Revised Code.	105895

(2) The department receives, from the entering operator and	105896
in accordance with the method specified in rules authorized by	105897
section 5124.53 of the Revised Code, a completed application for a	105898
provider agreement and all other forms and documents specified in	105899
rules adopted under that section.	105900

(3) The department receives, from the exiting operator or	105901
owner and in accordance with the method specified in rules	105902
authorized by section 5124.53 of the Revised Code, all forms and	105903
documents specified in rules adopted under that section.	105904

(4) One or more of the following apply:

105905

(a) The requirement of division (A)(1) of this section is met	105906
after the time required by section 5124.51 of the Revised Code;	105907

(b) The requirement of division (A)(2) of this section is met	105908
more than ten days after the effective date of the change of	105909
operator;	105910

(c) The requirement of division (A)(3) of this section is met	105911
more than ten days after the effective date of the change of	105912
operator.	105913

(5) The entering operator is eligible to enter into a	105914
provider agreement for the ICF/IID as provided in section 5124.06	105915
of the Revised Code.	105916

(B) The department shall determine the date a provider	105917
agreement entered into under this section is to go into effect as	105918
follows:	105919

(1) The effective date shall give the department sufficient	105920
time to process the change of operator and give the department	105921
sufficient time to assure no duplicate payments are made and make	105922
the withholding required by section 5124.521 of the Revised Code.	105923

(2) The effective date shall be not earlier than the latest	105924
of the following:	105925

(a) The effective date of the change of operator;

105926

(b) The date that the entering operator complies with section	105927
5124.51 of the Revised Code and division (A)(2) of this section;	105928

(c) The date that the exiting operator or owner complies with	105929
section 5124.51 of the Revised Code and division (A)(3) of this	105930
section.	105931

(3) The effective date shall be not later than the following	105932
after the later of the dates specified in division (B)(2) of this	105933
section:	105934

(a) Forty-five days if the change of operator does not entail	105935
the relocation of residents;	105936

(b) Ninety days if the change of operator entails the	105937
relocation of residents.	105938

Sec. 5124.513. A provider that enters into a provider	105939
agreement with the department of medicaid under section 5124.511	105940
or 5124.512 of the Revised Code shall do all of the following:	105941

(A) Comply with all applicable federal statutes and	105942
regulations;	105943

(B) Comply with section 5124.07 of the Revised Code and all	105944
other applicable state statutes and rules;	105945

(C) Comply with all the terms and conditions of the exiting	105946
operator's provider agreement, including all of the following:	105947

(1) Any plan of correction;

105948

(2) Compliance with health and safety standards;

105949

(3) Compliance with the ownership and financial interest	105950
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	105951

(4) Compliance with the civil rights requirements of 45	105952
C.F.R. parts 80, 84, and 90;	105953

(5) Compliance with additional requirements imposed by the	105954
department;	105955

(6) Any sanctions relating to remedies for violation of the	105956
provider agreement, including deficiencies, compliance periods,	105957
accountability periods, monetary penalties, notification for	105958
correction of contract violations, and history of deficiencies.	105959

Sec. 5124.514. In the case of a change of operator, the	105960
exiting operator shall be considered to be the operator of the	105961
ICF/IID for purposes of the medicaid program, including medicaid	105962
payments, until the effective date of the entering operator's	105963
provider agreement if the provider agreement is entered into under	105964
section 5124.511 or 5124.512 of the Revised Code.	105965

Sec. 5124.515. The department of medicaid may enter into a	105966
provider agreement as provided in section 5124.07 of the Revised	105967
Code, rather than section 5124.511 or 5124.512 of the Revised	105968
Code, with an entering operator if the entering operator does not	105969
agree to a provider agreement that satisfies the requirements of	105970
division (C) of section 5124.513 of the Revised Code. The	105971
department may not enter into the provider agreement unless the	105972
department of health certifies the ICF/IID under Title XIX. The	105973
effective date of the provider agreement shall not precede any of	105974
the following:	105975

(A) The date that the department of health certifies the	105976
ICF/IID;	105977

(B) The effective date of the change of operator;

105978

(C) The date the requirement of section 5124.51 of the	105979
Revised Code is satisfied.	105980

Sec. 5124.516. The director of developmental disabilities	105981
may adopt rules under section 5124.03 of the Revised Code	105982
governing adjustments to the medicaid reimbursement rate for an	105983
ICF/IID that undergoes a change of operator. No rate adjustment	105984
resulting from a change of operator shall be effective before the	105985
effective date of the entering operator's provider agreement. This	105986
is the case regardless of whether the provider agreement is	105987
entered into under section 5124.511, section 5124.512, or,	105988
pursuant to section 5124.515, section 5124.07 of the Revised Code.	105989

Sec. 5124.517. The department of developmental disabilities'	105990
determination that a change of operator has or has not occurred	105991
for purposes of licensure under section 5123.19 of the Revised	105992
Code shall not affect either of the following:	105993

(A) A determination by the department of developmental	105994
disabilities or department of medicaid of whether or when a change	105995
of operator occurs;	105996

(B) The department of medicaid's determination of the	105997
effective date of an entering operator's provider agreement under	105998
section 5124.511, section 5124.512, or, pursuant to section	105999
5124.515, section 5124.07 of the Revised Code.	106000

Sec. 5124.52. (A) On receipt of a written notice under	106001
section 5124.50 of the Revised Code of a facility closure or	106002
voluntary termination, on receipt of a written notice under	106003
section 5124.51 of the Revised Code of a change of operator, or on	106004
the effective date of an involuntary termination, the department	106005
of developmental disabilities shall estimate the amount of any	106006
overpayments made under the medicaid program to the exiting	106007
operator, including overpayments the exiting operator disputes,	106008
and other actual and potential debts the exiting operator owes or	106009
may owe to the department and United States centers for medicare	106010
and medicaid services under the medicaid program, including a	106011
franchise permit fee.	106012

(B) In estimating the exiting operator's other actual and	106013
potential debts to the department and the United States centers	106014
for medicare and medicaid services under the medicaid program, the	106015
department shall use a debt estimation methodology the director of	106016
developmental disabilities shall establish in rules authorized by	106017
section 5124.53 of the Revised Code. The methodology shall provide	106018
for estimating all of the following that the department determines	106019
are applicable:	106020

(1) Refunds due the department under section 5124.41 of the	106021
Revised Code;	106022

(2) Interest owed to the department and United States centers	106023
for medicare and medicaid services;	106024

(3) Final civil monetary and other penalties for which all	106025
right of appeal has been exhausted;	106026

(4) Money owed the department and United States centers for	106027
medicare and medicaid services from any outstanding final fiscal	106028
audit, including a final fiscal audit for the last fiscal year or	106029
portion thereof in which the exiting operator participated in the	106030
medicaid program;	106031

(5) Other amounts the department determines are applicable.

106032

(C) The department shall provide the exiting operator written	106033
notice of the department's estimate under division (A) of this	106034
section not later than thirty days after the department receives	106035
the notice under section 5124.50 of the Revised Code of the	106036
facility closure or voluntary termination; the department receives	106037
the notice under section 5124.51 of the Revised Code of the change	106038
of operator; or the effective date of the involuntary termination.	106039
The department's written notice shall include the basis for the	106040
estimate.	106041

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	106042
and (D) of this section, the department of developmental	106043
disabilities may withhold from payment due an exiting operator	106044
under the medicaid program the total amount specified in the	106045
notice provided under division (C) of section 5124.52 of the	106046
Revised Code that the exiting operator owes or may owe to the	106047
department and United States centers for medicare and medicaid	106048
services under the medicaid program.	106049

(B) In the case of a change of operator and subject to	106050
division (E) of this section, the following shall apply regarding	106051
a withholding under division (A) of this section if the exiting	106052
operator or entering operator or an affiliated operator executes a	106053
successor liability agreement meeting the requirements of division	106054
(F) of this section:	106055

(1) If the exiting operator, entering operator, or affiliated	106056
operator assumes liability for the total, actual amount of debt	106057
the exiting operator owes the department and the United States	106058
centers for medicare and medicaid services under the medicaid	106059
program as determined under section 5124.525 of the Revised Code,	106060
the department shall not make the withholding.	106061

(2) If the exiting operator, entering operator, or affiliated	106062
operator assumes liability for only the portion of the amount	106063
specified in division (B)(1) of this section that represents the	106064
franchise permit fee the exiting operator owes, the department	106065
shall withhold not more than the difference between the total	106066
amount specified in the notice provided under division (C) of	106067
section 5124.52 of the Revised Code and the amount for which the	106068
exiting operator, entering operator, or affiliated operator	106069
assumes liability.	106070

(C) In the case of a voluntary termination or facility	106071
closure and subject to division (E) of this section, the following	106072
shall apply regarding a withholding under division (A) of this	106073
section if the exiting operator or an affiliated operator executes	106074
a successor liability agreement meeting the requirements of	106075
division (F) of this section:	106076

(1) If the exiting operator or affiliated operator assumes	106077
liability for the total, actual amount of debt the exiting	106078
operator owes the department and the United States centers for	106079
medicare and medicaid services under the medicaid program as	106080
determined under section 5124.525 of the Revised Code, the	106081
department shall not make the withholding.	106082

(2) If the exiting operator or affiliated operator assumes	106083
liability for only the portion of the amount specified in division	106084
(C)(1) of this section that represents the franchise permit fee	106085
the exiting operator owes, the department shall withhold not more	106086
than the difference between the total amount specified in the	106087
notice provided under division (C) of section 5124.52 of the	106088
Revised Code and the amount for which the exiting operator or	106089
affiliated operator assumes liability.	106090

(D) In the case of an involuntary termination and subject to	106091
division (E) of this section, the following shall apply regarding	106092
a withholding under division (A) of this section if the exiting	106093
operator, the entering operator, or an affiliated operator	106094
executes a successor liability agreement meeting the requirements	106095
of division (F) of this section and the department approves the	106096
successor liability agreement:	106097

(1) If the exiting operator, entering operator, or affiliated	106098
operator assumes liability for the total, actual amount of debt	106099
the exiting operator owes the department and the United States	106100
centers for medicare and medicaid services under the medicaid	106101
program as determined under section 5124.525 of the Revised Code,	106102
the department shall not make the withholding.	106103

(2) If the exiting operator, entering operator, or affiliated	106104
operator assumes liability for only the portion of the amount	106105
specified in division (D)(1) of this section that represents the	106106
franchise permit fee the exiting operator owes, the department	106107
shall withhold not more than the difference between the total	106108
amount specified in the notice provided under division (C) of	106109
section 5124.52 of the Revised Code and the amount for which the	106110
exiting operator, entering operator, or affiliated operator	106111
assumes liability.	106112

(E) For an exiting operator or affiliated operator to be	106113
eligible to enter into a successor liability agreement under	106114
division (B), (C), or (D) of this section, both of the following	106115
must apply:	106116

(1) The exiting operator or affiliated operator must have one	106117
or more valid provider agreements, other than the provider	106118
agreement for the ICF/IID that is the subject of the involuntary	106119
termination, voluntary termination, facility closure, or change of	106120
operator;	106121

(2) During the twelve-month period preceding either the	106122
effective date of the involuntary termination or the month in	106123
which the department receives the notice of the voluntary	106124
termination or facility closure under section 5124.50 of the	106125
Revised Code or the notice of the change of operator under section	106126
5124.51 of the Revised Code, the average monthly medicaid payment	106127
made to the exiting operator or affiliated operator pursuant to	106128
the exiting operator's or affiliated operator's one or more	106129
provider agreements, other than the provider agreement for the	106130
ICF/IID that is the subject of the involuntary termination,	106131
voluntary termination, facility closure, or change of operator,	106132
must equal at least ninety per cent of the sum of the following:	106133

(a) The average monthly medicaid payment made to the exiting	106134
operator pursuant to the exiting operator's provider agreement for	106135
the ICF/IID that is the subject of the involuntary termination,	106136
voluntary termination, facility closure, or change of operator;	106137

(b) Whichever of the following apply:

106138

(i) If the exiting operator or affiliated operator has	106139
assumed liability under one or more other successor liability	106140
agreements, the total amount for which the exiting operator or	106141
affiliated operator has assumed liability under the other	106142
successor liability agreements;	106143

(ii) If the exiting operator or affiliated operator has not	106144
assumed liability under any other successor liability agreements,	106145
zero.	106146

(F) A successor liability agreement executed under this	106147
section must comply with all of the following:	106148

(1) It must provide for the operator who executes the	106149
successor liability agreement to assume liability for either of	106150
the following as specified in the agreement:	106151

(a) The total, actual amount of debt the exiting operator	106152
owes the department and the United States centers for medicare and	106153
medicaid services under the medicaid program as determined under	106154
section 5124.525 of the Revised Code;	106155

(b) The portion of the amount specified in division (F)(1)(a)	106156
of this section that represents the franchise permit fee the	106157
exiting operator owes.	106158

(2) It may not require the operator who executes the	106159
successor liability agreement to furnish a surety bond.	106160

(3) It must provide that the department, after determining	106161
under section 5124.525 of the Revised Code the actual amount of	106162
debt the exiting operator owes the department and United States	106163
centers for medicare and medicaid services under the medicaid	106164
program, may deduct the lesser of the following from medicaid	106165
payments made to the operator who executes the successor liability	106166
agreement:	106167

(a) The total, actual amount of debt the exiting operator	106168
owes the department and the United States centers for medicare and	106169
medicaid services under the medicaid program as determined under	106170
section 5124.525 of the Revised Code;	106171

(b) The amount for which the operator who executes the	106172
successor liability agreement assumes liability under the	106173
agreement.	106174

(4) It must provide that the deductions authorized by	106175
division (F)(3) of this section are to be made for a number of	106176
months, not to exceed six, agreed to by the operator who executes	106177
the successor liability agreement and the department or, if the	106178
operator who executes the successor liability agreement and	106179
department cannot agree on a number of months that is less than	106180
six, a greater number of months determined by the attorney general	106181
pursuant to a claims collection process authorized by statute of	106182
this state.	106183

(5) It must provide that, if the attorney general determines	106184
the number of months for which the deductions authorized by	106185
division (F)(3) of this section are to be made, the operator who	106186
executes the successor liability agreement shall pay, in addition	106187
to the amount collected pursuant to the attorney general's claims	106188
collection process, the part of the amount so collected that, if	106189
not for division (H) of this section, would be required by section	106190
109.081 of the Revised Code to be paid into the attorney general	106191
claims fund.	106192

(G) Execution of a successor liability agreement does not	106193
waive an exiting operator's right to contest the amount specified	106194
in the notice the department provides the exiting operator under	106195
division (C) of section 5124.52 of the Revised Code.	106196

(H) Notwithstanding section 109.081 of the Revised Code, the	106197
entire amount that the attorney general, whether by employees or	106198
agents of the attorney general or by special counsel appointed	106199
pursuant to section 109.08 of the Revised Code, collects under a	106200
successor liability agreement, other than the additional amount	106201
the operator who executes the agreement is required by division	106202
(F)(5) of this section to pay, shall be paid to the department of	106203
developmental disabilities for deposit into the appropriate fund.	106204
The additional amount that the operator is required to pay shall	106205
be paid into the state treasury to the credit of the attorney	106206
general claims fund created under section 109.081 of the Revised	106207
Code.	106208

Sec. 5124.522. (A) Except as provided in division (B) of	106209
this section, an exiting operator shall file with the department	106210
of developmental disabilities a cost report not later than ninety	106211
days after the last day the exiting operator's provider agreement	106212
is in effect. The cost report shall cover the period that begins	106213
with the day after the last day covered by the operator's most	106214
recent previous cost report filed under section 5124.10 or	106215
5124.101 of the Revised Code and ends on the last day the exiting	106216
operator's provider agreement is in effect. The cost report shall	106217
include, as applicable, all of the following:	106218

(1) The sale price of the ICF/IID;

106219

(2) A final depreciation schedule that shows which assets are	106220
transferred to the buyer and which assets are not transferred to	106221
the buyer;	106222

(3) Any other information the department requires.

106223

(B) The department, at its sole discretion, may waive the	106224
requirement that an exiting operator file a cost report in	106225
accordance with division (A) of this section.	106226

Sec. 5124.523. If an exiting operator required by section	106227
5124.522 of the Revised Code to file a cost report with the	106228
department of developmental disabilities fails to file the cost	106229
report in accordance with that section, all payments under the	106230
medicaid program for the period the cost report is required to	106231
cover are deemed overpayments until the date the department	106232
receives the properly completed cost report. The department may	106233
impose on the exiting operator a penalty of one hundred dollars	106234
for each calendar day the properly completed cost report is late.	106235

Sec. 5124.524. The department of developmental disabilities	106236
may not provide an exiting operator final payment under the	106237
medicaid program until the department receives all properly	106238
completed cost reports the exiting operator is required to file	106239
under sections 5124.10 and 5124.522 of the Revised Code.	106240

Sec. 5124.525. The department of developmental disabilities	106241
shall determine the actual amount of debt an exiting operator owes	106242
the department and the United States centers for medicare and	106243
medicaid services under the medicaid program by completing all	106244
final fiscal audits not already completed and performing all other	106245
appropriate actions the department determines to be necessary. The	106246
department shall issue an initial debt summary report on this	106247
matter not later than sixty days after the date the exiting	106248
operator files the properly completed cost report required by	106249
section 5124.522 of the Revised Code with the department or, if	106250
the department waives the cost report requirement for the exiting	106251
operator, sixty days after the date the department waives the cost	106252
report requirement. The initial debt summary report becomes the	106253
final debt summary report thirty-one days after the department	106254
issues the initial debt summary report unless the exiting	106255
operator, or an affiliated operator who executes a successor	106256
liability agreement under section 5124.521 of the Revised Code,	106257
requests a review before that date.	106258

The exiting operator, and an affiliated operator who executes	106259
a successor liability agreement under section 5124.521 of the	106260
Revised Code, may request a review to contest any of the	106261
department's findings included in the initial debt summary report.	106262
The request for the review must be submitted to the department not	106263
later than thirty days after the date the department issues the	106264
initial debt summary report. The department shall conduct the	106265
review on receipt of a timely request and issue a revised debt	106266
summary report. If the department has withheld money from payment	106267
due the exiting operator under division (A) of section 5124.521 of	106268
the Revised Code, the department shall issue the revised debt	106269
summary report not later than ninety days after the date the	106270
department receives the timely request for the review unless the	106271
department and exiting operator or affiliated operator agree to a	106272
later date. The exiting operator or affiliated operator may submit	106273
information to the department explaining what the operator	106274
contests before and during the review, including documentation of	106275
the amount of any debt the department owes the operator. The	106276
exiting operator or affiliated operator may submit additional	106277
information to the department not later than thirty days after the	106278
department issues the revised debt summary report. The revised	106279
debt summary report becomes the final debt summary report	106280
thirty-one days after the department issues the revised debt	106281
summary report unless the exiting operator or affiliated operator	106282
timely submits additional information to the department. If the	106283
exiting operator or affiliated operator timely submits additional	106284
information to the department, the department shall consider the	106285
additional information and issue a final debt summary report not	106286
later than sixty days after the department issues the revised debt	106287
summary report unless the department and exiting operator or	106288
affiliated operator agree to a later date.	106289

Each debt summary report the department issues under this	106290
section shall include the department's findings and the amount of	106291
debt the department determines the exiting operator owes the	106292
department and United States centers for medicare and medicaid	106293
services under the medicaid program. The department shall explain	106294
its findings and determination in each debt summary report.	106295

The exiting operator, and an affiliated operator who executes	106296
a successor liability agreement under section 5124.521 of the	106297
Revised Code, may request, in accordance with Chapter 119. of the	106298
Revised Code, an adjudication regarding a finding in a final debt	106299
summary report that pertains to an audit or alleged overpayment	106300
made under the medicaid program to the exiting operator. The	106301
adjudication shall be consolidated with any other uncompleted	106302
adjudication that concerns a matter addressed in the final debt	106303
summary report.	106304

Sec. 5124.526. The department of developmental disabilities	106305
shall release the actual amount withheld under division (A) of	106306
section 5124.521 of the Revised Code, less any amount the exiting	106307
operator owes the department and United States centers for	106308
medicare and medicaid services under the medicaid program, as	106309
follows:	106310

(A) Unless the department issues the initial debt summary	106311
report required by section 5124.525 of the Revised Code not later	106312
than sixty days after the date the exiting operator files the	106313
properly completed cost report required by section 5124.522 of the	106314
Revised Code, sixty-one days after the date the exiting operator	106315
files the properly completed cost report;	106316

(B) If the department issues the initial debt summary report	106317
required by section 5124.525 of the Revised Code not later than	106318
sixty days after the date the exiting operator files a properly	106319
completed cost report required by section 5124.522 of the Revised	106320
Code, not later than the following:	106321

(1) Thirty days after the deadline for requesting an	106322
adjudication under section 5124.525 of the Revised Code regarding	106323
the final debt summary report if the exiting operator, and an	106324
affiliated operator who executes a successor liability agreement	106325
under section 5124.521 of the Revised Code, fail to request the	106326
adjudication on or before the deadline;	106327

(2) Thirty days after the completion of an adjudication of	106328
the final debt summary report if the exiting operator, or an	106329
affiliated operator who executes a successor liability agreement	106330
under section 5124.521 of the Revised Code, requests the	106331
adjudication on or before the deadline for requesting the	106332
adjudication.	106333

(C) Unless the department issues the initial debt summary	106334
report required by section 5124.525 of the Revised Code not later	106335
than sixty days after the date the department waives the cost	106336
report requirement of section 5124.522 of the Revised Code,	106337
sixty-one days after the date the department waives the cost	106338
report requirement;	106339

(D) If the department issues the initial debt summary report	106340
required by section 5124.525 of the Revised Code not later than	106341
sixty days after the date the department waives the cost report	106342
requirement of section 5124.522 of the Revised Code, not later	106343
than the following:	106344

(1) Thirty days after the deadline for requesting an	106345
adjudication under section 5124.525 of the Revised Code regarding	106346
the final debt summary report if the exiting operator, and an	106347
affiliated operator who executes a successor liability agreement	106348
under section 5124.521 of the Revised Code, fail to request the	106349
adjudication on or before the deadline;	106350

(2) Thirty days after the completion of an adjudication of	106351
the final debt summary report if the exiting operator, or an	106352
affiliated operator who executes a successor liability agreement	106353
under section 5124.521 of the Revised Code, requests the	106354
adjudication on or before the deadline for requesting the	106355
adjudication.	106356

Sec. 5124.527. The department of developmental disabilities,	106357
at its sole discretion, may release the amount withheld under	106358
division (A) of section 5124.521 of the Revised Code if the	106359
exiting operator submits to the department written notice of a	106360
postponement of a change of operator, facility closure, or	106361
voluntary termination and the transactions leading to the change	106362
of operator, facility closure, or voluntary termination are	106363
postponed for at least thirty days but less than ninety days after	106364
the date originally proposed for the change of operator, facility	106365
closure, or voluntary termination as reported in the written	106366
notice required by section 5124.50 or 5124.51 of the Revised Code.	106367
The department shall release the amount withheld if the exiting	106368
operator submits to the department written notice of a	106369
cancellation or postponement of a change of operator, facility	106370
closure, or voluntary termination and the transactions leading to	106371
the change of operator, facility closure, or voluntary termination	106372
are canceled or postponed for more than ninety days after the date	106373
originally proposed for the change of operator, facility closure,	106374
or voluntary termination as reported in the written notice	106375
required by section 5124.50 or 5124.51 of the Revised Code. A	106376
written notice shall be provided to the department in accordance	106377
with the method specified in rules authorized by section 5124.53	106378
of the Revised Code.	106379

After the department receives a written notice regarding a	106380
cancellation or postponement of a facility closure or voluntary	106381
termination, the exiting operator or owner shall provide new	106382
written notice to the department under section 5124.50 of the	106383
Revised Code regarding any transactions leading to a facility	106384
closure or voluntary termination at a future time. After the	106385
department receives a written notice regarding a cancellation or	106386
postponement of a change of operator, the exiting operator or	106387
owner and entering operator shall provide new written notice to	106388
the department under section 5124.51 of the Revised Code regarding	106389
any transactions leading to a change of operator at a future time.	106390

Sec. 5124.528. (A) All amounts withheld under section	106391
5124.521 of the Revised Code from payment due an exiting operator	106392
under the medicaid program shall be deposited into the medicaid	106393
payment withholding fund created by the controlling board pursuant	106394
to section 131.35 of the Revised Code. Money in the fund shall be	106395
used as follows:	106396

(1) To pay an exiting operator when a withholding is released	106397
to the exiting operator under section 5124.526 or 5124.527 of the	106398
Revised Code;	106399

(2) To pay the department of medicaid or department of	106400
developmental disabilities, and United States centers for medicare	106401
and medicaid services, the amount an exiting operator owes the	106402
department of medicaid or department of developmental disabilities	106403
and United States centers under the medicaid program.	106404

(B) Amounts paid from the medicaid payment withholding fund	106405
pursuant to division (A)(2) of this section shall be deposited	106406
into the appropriate fund.	106407

Sec. 5124.53. The director of developmental disabilities	106408
shall adopt rules under section 5124.03 of the Revised Code to	106409
implement sections 5124.50 to 5124.53 of the Revised Code. The	106410
rules shall specify all of the following:	106411

(A) The method by which written notices to the department	106412
required by sections 5124.50 to 5124.53 of the Revised Code are to	106413
be provided;	106414

(B) The forms and documents that are to be provided to the	106415
department under sections 5124.511 and 5124.512 of the Revised	106416
Code, which shall include, in the case of such forms and documents	106417
provided by entering operators, all the fully executed leases,	106418
management agreements, merger agreements and supporting documents,	106419
and fully executed sales contracts and any other supporting	106420
documents culminating in the change of operator;	106421

(C) The method by which the forms and documents identified in	106422
division (B) of this section are to be provided to the department.	106423

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	106424
~~5111.8710 of the Revised Code:~~	106425

~~"Home and community-based services" has the same meaning as~~	106426
~~in section 5123.01 of the Revised Code.~~	106427

~~"ICF/MR services" means intermediate care facility for the~~	106428
~~mentally retarded services covered by the medicaid program that an~~	106429
~~intermediate care facility for the mentally retarded provides to a~~	106430
~~resident of the facility who is a medicaid recipient eligible for~~	106431
~~medicaid-covered intermediate care facility for the mentally~~	106432
~~retarded services.~~	106433

~~"Intermediate care facility for the mentally retarded" means~~	106434
~~an intermediate care facility for the mentally retarded that is~~	106435
~~certified as in compliance with applicable standards for the~~	106436
~~medicaid program by the director of health in accordance with~~	106437
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	106438
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	106439
~~under section 5123.19 of the Revised Code.~~	106440

~~"Residential facility" has the same meaning as in section~~	106441
~~5123.19 of the Revised Code.~~	106442

~~(B)~~ For the purpose of increasing the number of slots	106443
available for home and community-based services and subject to	106444
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	106445
Code, the operator of an ~~intermediate care facility for the~~	106446
~~mentally retarded~~ICF/IID may convert some or all of the beds in	106447
the ~~facility~~ICF/IID from providing ~~ICF/MR~~ICF/IID services to	106448
providing home and community-based services if all of the	106449
following requirements are met:	106450

(1) The operator provides the directors of health and	106451
developmental disabilities at least ninety days' notice of the	106452
operator's intent to make the conversion.	106453

(2) The operator complies with the requirements of sections	106454
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	106455
a voluntary termination ~~as defined in section 5111.65 of the~~	106456
~~Revised Code~~ if those requirements are applicable.	106457

(3) If the operator intends to convert all of the ~~facility's~~	106458
ICF/IID's beds, the operator notifies each of the ~~facility's~~	106459
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	106460
providing ~~ICF/MR~~ICF/IID services and inform each resident that	106461
the resident may do either of the following:	106462

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	106463
transferring to another ~~facility~~ICF/IID that is ~~an intermediate~~	106464
~~care facility for the mentally retarded~~ willing and able to accept	106465
the resident if the resident continues to qualify for ~~ICF/MR~~	106466
ICF/IID services;	106467

(b) Begin to receive home and community-based services	106468
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	106469
community-based services that is willing and able to provide the	106470
services to the resident if the resident is eligible for the	106471
services and a slot for the services is available to the resident.	106472

(4) If the operator intends to convert some but not all of	106473
the ~~facility's~~ICF/IID's beds, the operator notifies each of the	106474
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	106475
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	106476
providing home and community-based services and inform each	106477
resident that the resident may do either of the following:	106478

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	106479
~~provider of services ICF/MR~~ICF/IID that is willing and able to	106480
provide the services to the resident if the resident continues to	106481
qualify for ~~ICF/MR~~ICF/IID services;	106482

(b) Begin to receive home and community-based services	106483
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	106484
community-based services that is willing and able to provide the	106485
services to the resident if the resident is eligible for the	106486
services and a slot for the services is available to the resident.	106487

(5) The operator meets the requirements for providing home	106488
and community-based services, including the following:	106489

(a) Such requirements applicable to a residential facility if	106490
the operator maintains the facility's license as a residential	106491
facility;	106492

(b) Such requirements applicable to a facility that is not	106493
licensed as a residential facility if the operator surrenders the	106494
facility's license as a residential facility under section 5123.19	106495
of the Revised Code.	106496

(6) The director of developmental disabilities approves the	106497
conversion.	106498

~~(C)~~(B) A decision by the director of developmental	106499
disabilities to approve or refuse to approve a proposed conversion	106500
of beds is final. In making a decision, the director shall	106501
consider all of the following:	106502

(1) The fiscal impact on the ~~facility~~ICF/IID if some but not	106503
all of the beds are converted;	106504

(2) The fiscal impact on the ~~medical assistance~~medicaid	106505
program;	106506

(3) The availability of home and community-based services.

106507

~~(D)~~(C) The notice provided to the directors under division	106508
~~(B)~~(A)(1) of this section shall specify whether some or all of the	106509
~~facility's~~ICF/IID's beds are to be converted. If some but not all	106510
of the beds are to be converted, the notice shall specify how many	106511
of the ~~facility's~~ICF/IID's beds are to be converted and how many	106512
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	106513
The notice to the director of developmental disabilities shall	106514
specify whether the operator wishes to surrender the ~~facility's~~	106515
ICF/IID's license as a residential facility under section 5123.19	106516
of the Revised Code.	106517

~~(E)~~(D)(1) If the director of developmental disabilities	106518
approves a conversion under division ~~(C)~~(B) of this section, the	106519
director of health shall do the following:	106520

(a) Terminate the ICF/IID's medicaid certification ~~of the~~	106521
~~intermediate care facility for the mentally retarded~~ if the notice	106522
specifies that all of the ~~facility's~~ICF/IID's beds are to be	106523
converted;	106524

(b) Reduce the ~~facility's certified~~ICF/IID's	106525
medicaid-certified capacity by the number of beds being converted	106526
if the notice specifies that some but not all of the beds are to	106527
be converted.	106528

(2) The director of health shall notify the medicaid director	106529
~~of job and family services~~ of the termination or reduction. On	106530
receipt of the ~~director of health's~~ notice, the medicaid director	106531
~~of job and family services~~ shall do the following:	106532

(a) Terminate the operator's medicaid provider agreement that	106533
authorizes the operator to provide ~~ICF/MR~~ICF/IID services at the	106534
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's certification was	106535
terminated;	106536

(b) Amend the operator's medicaid provider agreement to	106537
reflect the ~~facility's~~ICF/IID's reduced ~~certified~~	106538
medicaid-certified capacity if the ~~facility's certified~~ICF/IID's	106539
medicaid-certified capacity is reduced.	106540

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	106541
of this section, the operator is not entitled to notice or a	106542
hearing under Chapter 119. of the Revised Code before the medicaid	106543
director ~~of job and family services~~ terminates the medicaid	106544
provider agreement.	106545

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	106546
number of slots available for home and community-based services	106547
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	106548
the Revised Code, a person who acquires, through a request for	106549
proposals issued by the director of developmental disabilities, a	106550
~~residential facility that is an intermediate care facility for the~~	106551
~~mentally retarded and~~an ICF/IID for which ~~the~~a residential	106552
facility license ~~as a residential facility~~ was previously	106553
surrendered or revoked may convert some or all of the ~~facility's~~	106554
ICF/IID's beds from providing ~~ICF/MR~~ICF/IID services to providing	106555
home and community-based services if all of the following	106556
requirements are met:	106557

(1) The person provides the directors of health~~, job and~~	106558
~~family services,~~ and developmental disabilities and medicaid	106559
director at least ninety days' notice of the person's intent to	106560
make the conversion.	106561

(2) The person complies with the requirements of sections	106562
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	106563
a voluntary termination ~~as defined in section 5111.65 of the~~	106564
~~Revised Code~~ if those requirements are applicable.	106565

(3) If the person intends to convert all of the ~~facility's~~	106566
ICF/IID's beds, the person notifies each of the ~~facility's~~	106567
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	106568
providing ~~ICF/MR~~ICF/IID services and informs each resident that	106569
the resident may do either of the following:	106570

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	106571
transferring to another ~~facility that is an intermediate care~~	106572
~~facility for the mentally retarded~~ICF/IID willing and able to	106573
accept the resident if the resident continues to qualify for	106574
~~ICF/MR~~ICF/IID services;	106575

(b) Begin to receive home and community-based services	106576
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	106577
community-based services that is willing and able to provide the	106578
services to the resident if the resident is eligible for the	106579
services and a slot for the services is available to the resident.	106580

(4) If the person intends to convert some but not all of the	106581
~~facility's~~ICF/IID's beds, the person notifies each of the	106582
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	106583
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	106584
providing home and community-based services and inform each	106585
resident that the resident may do either of the following:	106586

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	106587
~~provider of ICF/MR services~~ that is willing and able to provide	106588
the services to the resident if the resident continues to qualify	106589
for ~~ICF/MR~~ICF/IID services;	106590

(b) Begin to receive home and community-based services	106591
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	106592
community-based services that is willing and able to provide the	106593
services to the resident if the resident is eligible for the	106594
services and a slot for the services is available to the resident.	106595

(5) The person meets the requirements for providing home and	106596
community-based services at a residential facility.	106597

(B) The notice provided to the directors under division	106598
(A)(1) of this section shall specify whether some or all of the	106599
~~facility's~~ICF/IID's beds are to be converted. If some but not all	106600
of the beds are to be converted, the notice shall specify how many	106601
of the ~~facility's~~ICF/IID's beds are to be converted and how many	106602
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	106603

(C) On receipt of a notice under division (A)(1) of this	106604
section, the director of health shall do the following:	106605

(1) Terminate the ICF/IID's medicaid certification ~~of the~~	106606
~~intermediate care facility for the mentally retarded~~ if the notice	106607
specifies that all of the facility's beds are to be converted;	106608

(2) Reduce the ~~facility's certified~~ICF/IID's	106609
medicaid-certified capacity by the number of beds being converted	106610
if the notice specifies that some but not all of the beds are to	106611
be converted.	106612

(D) The director of health shall notify the medicaid director	106613
~~of job and family services~~ of the termination or reduction under	106614
division (C) of this section. On receipt of the director of	106615
health's notice, the medicaid director ~~of job and family services~~	106616
shall do the following:	106617

(1) Terminate the person's medicaid provider agreement that	106618
authorizes the person to provide ~~ICF/MR~~ICF/IID services at the	106619
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's medicaid	106620
certification was terminated;	106621

(2) Amend the person's medicaid provider agreement to reflect	106622
the ~~facility's~~ICF/IID's reduced ~~certified~~medicaid-certified	106623
capacity if the ~~facility's certified~~ICF/IID's medicaid-certified	106624
capacity is reduced.	106625

The person is not entitled to notice or a hearing under	106626
Chapter 119. of the Revised Code before the medicaid director of	106627
~~job and family services~~ terminates or amends the medicaid provider	106628
agreement.	106629

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	106630
of the Revised Code, the director of developmental disabilities	106631
may request that the medicaid director ~~of job and family services~~	106632
seek the approval of the United States secretary of health and	106633
human services to increase the number of slots available for home	106634
and community-based services by a number not exceeding the number	106635
of beds that were part of the licensed capacity of a residential	106636
facility that had its license revoked or surrendered under section	106637
5123.19 of the Revised Code if the residential facility was an	106638
~~intermediate care facility for the mentally retarded~~ICF/IID at	106639
the time of the license revocation or surrender. The revocation or	106640
surrender may have occurred before, or may occur on or after, June	106641
24, 2008. The request may include beds the director of	106642
developmental disabilities removed from such a residential	106643
facility's licensed capacity before transferring ownership or	106644
operation of the residential facility pursuant to a request for	106645
proposals.	106646

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	106647
~~family services~~ may seek approval from the United States secretary	106648
of health and human services for not more than a total of ~~five~~six	106649
hundred slots for home and community-based services for the	106650
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	106651
~~5111.876~~5124.62 of the Revised Code.	106652

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of ~~five~~six	106653
hundred beds may be converted from providing ~~ICF/MR~~ICF/IID	106654
services to providing home and community-based services under	106655
sections ~~5111.874~~5124.60 and ~~5111.875~~5124.61 of the Revised	106656
Code.	106657

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	106658
reconvert a bed to be used for ~~ICF/MR~~ICF/IID services if the bed	106659
was converted to use for home and community-based services under	106660
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	106661
This prohibition applies regardless of either of the following:	106662

(A) The bed is part of the licensed capacity of a residential	106663
facility.	106664

(B) The bed has been sold, leased, or otherwise transferred	106665
to another person or government entity.	106666

Sec. 5124.67. (A) The department of developmental	106667
disabilities shall strive to achieve, not later than July 1, 2018,	106668
the following statewide reductions in ICF/IID beds:	106669

(1) At least five hundred and not more than six hundred beds	106670
in ICFs/IID that, before becoming downsized ICFs/IID, have sixteen	106671
or more beds;	106672

(2) At least five hundred and not more than six hundred beds	106673
in ICFs/IID with any number of beds that convert some or all of	106674
their beds from providing ICF/IID services to providing home and	106675
community-based services pursuant to section 5124.60 or 5124.61 of	106676
the Revised Code.	106677

(B) In its efforts to achieve the reductions under division	106678
(A) of this section, the department shall collaborate with the	106679
Ohio association of county boards serving people with	106680
developmental disabilities, the Ohio provider resource	106681
association, the Ohio centers for intellectual disabilities formed	106682
by the Ohio health care association, and the values and faith	106683
alliance. The collaboration efforts may include the following:	106684

(1) Identifying ICFs/IID that may reduce the number of their	106685
beds to help achieve the reductions under division (A) of this	106686
section;	106687

(2) Encouraging ICF/IID providers to reduce the number of	106688
their ICFs/IID's beds;	106689

(3) Establishing interim time frames for making progress in	106690
achieving the reductions;	106691

(4) Creating incentives for, and removing impediments to, the	106692
reductions;	106693

(5) In the case of ICF/IID beds that are converted to	106694
providing home and community-based services, developing a	106695
mechanism to compensate providers for beds that permanently cease	106696
to provide ICF/IID services.	106697

(C) The department shall meet not less than twice each year	106698
with the organizations specified in division (B) of this section	106699
to do all of the following:	106700

(1) Review the progress being made in achieving the	106701
reductions under division (A) of this section;	106702

(2) Prepare written reports on the progress;

106703

(3) Identify additional measures needed to achieve the	106704
reductions.	106705

Sec. 5124.99. Whoever violates section 5124.102 or division	106706
(E) of section 5124.08 of the Revised Code shall be fined not less	106707
than five hundred dollars nor more than one thousand dollars for	106708
the first offense and not less than one thousand dollars nor more	106709
than five thousand dollars for each subsequent offense.	106710

Fines paid under this section shall be deposited in the state	106711
treasury to the credit of the general revenue fund.	106712

Sec. 5126.01. As used in this chapter:

106713

(A) As used in this division, "adult" means an individual who	106714
is eighteen years of age or over and not enrolled in a program or	106715
service under Chapter 3323. of the Revised Code and an individual	106716
sixteen or seventeen years of age who is eligible for adult	106717
services under rules adopted by the director of developmental	106718
disabilities pursuant to Chapter 119. of the Revised Code.	106719

(1) "Adult services" means services provided to an adult	106720
outside the home, except when they are provided within the home	106721
according to an individual's assessed needs and identified in an	106722
individual service plan, that support learning and assistance in	106723
the area of self-care, sensory and motor development,	106724
socialization, daily living skills, communication, community	106725
living, social skills, or vocational skills.	106726

(2) "Adult services" includes all of the following:

106727

(a) Adult day habilitation services;

106728

(b) Adult day care;

106729

106730

(d) Sheltered employment;

106731

(e) Educational experiences and training obtained through	106732
entities and activities that are not expressly intended for	106733
individuals with mental retardation and developmental	106734
disabilities, including trade schools, vocational or technical	106735
schools, adult education, job exploration and sampling, unpaid	106736
work experience in the community, volunteer activities, and	106737
spectator sports;	106738

(f) Community employment services and supported employment	106739
services.	106740

(B)(1) "Adult day habilitation services" means adult services	106741
that do the following:	106742

(a) Provide access to and participation in typical activities	106743
and functions of community life that are desired and chosen by the	106744
general population, including such activities and functions as	106745
opportunities to experience and participate in community	106746
exploration, companionship with friends and peers, leisure	106747
activities, hobbies, maintaining family contacts, community	106748
events, and activities where individuals without disabilities are	106749
involved;	106750

(b) Provide supports or a combination of training and	106751
supports that afford an individual a wide variety of opportunities	106752
to facilitate and build relationships and social supports in the	106753
community.	106754

(2) "Adult day habilitation services" includes all of the	106755
following:	106756

(a) Personal care services needed to ensure an individual's	106757
ability to experience and participate in vocational services,	106758
educational services, community activities, and any other adult	106759
day habilitation services;	106760

(b) Skilled services provided while receiving adult day	106761
habilitation services, including such skilled services as behavior	106762
management intervention, occupational therapy, speech and language	106763
therapy, physical therapy, and nursing services;	106764

(c) Training and education in self-determination designed to	106765
help the individual do one or more of the following: develop	106766
self-advocacy skills, exercise the individual's civil rights,	106767
acquire skills that enable the individual to exercise control and	106768
responsibility over the services received, and acquire skills that	106769
enable the individual to become more independent, integrated, or	106770
productive in the community;	106771

(d) Recreational and leisure activities identified in the	106772
individual's service plan as therapeutic in nature or assistive in	106773
developing or maintaining social supports;	106774

(e) Counseling and assistance provided to obtain housing,	106775
including such counseling as identifying options for either rental	106776
or purchase, identifying financial resources, assessing needs for	106777
environmental modifications, locating housing, and planning for	106778
ongoing management and maintenance of the housing selected;	106779

(f) Transportation necessary to access adult day habilitation	106780
services;	106781

(g) Habilitation management, as described in section 5126.14	106782
of the Revised Code.	106783

(3) "Adult day habilitation services" does not include	106784
activities that are components of the provision of residential	106785
services, family support services, or supported living services.	106786

106787

(1) In the case of a member of a county board of	106788
developmental disabilities appointed by, or to be appointed by, a	106789
board of county commissioners, the board of county commissioners;	106790

(2) In the case of a member of a county board appointed by,	106791
or to be appointed by, a senior probate judge, the senior probate	106792
judge.	106793

(D) "Community employment," "competitive employment," and	106794
"integrated setting" have the same meanings as in section 5123.022	106795
of the Revised Code.	106796

(E) "~~Community employment services" or "supported~~Supported	106797
employment services" means vocational assessment, job training and	106798
coaching, job development and placement, worksite accessibility,	106799
and other services related to employment outside a sheltered	106800
workshop. "~~Community employment services" or "supported~~Supported	106801
employment services" ~~include all~~includes both of the following:	106802

(1) Job training resulting in the attainment of ~~competitive~~	106803
~~work~~community employment, supported work in a typical work	106804
environment, or self-employment;	106805

(2) ~~Supervised work experience through an employer paid to~~	106806
~~provide the supervised work experience;~~	106807

~~(3) Ongoing work in a competitive work environment at a wage~~	106808
~~commensurate with workers without disabilities;~~	106809

~~(4) Ongoing supervision by an employer paid to provide the~~	106810
~~supervision~~Support for ongoing community employment, supported	106811
work at community-based sites, or self-employment.	106812

~~(E)~~(F) As used in this division, "substantial functional	106813
limitation," "developmental delay," and "established risk" have	106814
the meanings established pursuant to section 5123.011 of the	106815
Revised Code.	106816

"Developmental disability" means a severe, chronic disability	106817
that is characterized by all of the following:	106818

(1) It is attributable to a mental or physical impairment or	106819
a combination of mental and physical impairments, other than a	106820
mental or physical impairment solely caused by mental illness as	106821
defined in division (A) of section 5122.01 of the Revised Code;	106822

(2) It is manifested before age twenty-two;

106823

(3) It is likely to continue indefinitely;

106824

(4) It results in one of the following:

106825

(a) In the case of a person under age three, at least one	106826
developmental delay or an established risk;	106827

(b) In the case of a person at least age three but under age	106828
six, at least two developmental delays or an established risk;	106829

(c) In the case of a person age six or older, a substantial	106830
functional limitation in at least three of the following areas of	106831
major life activity, as appropriate for the person's age:	106832
self-care, receptive and expressive language, learning, mobility,	106833
self-direction, capacity for independent living, and, if the	106834
person is at least age sixteen, capacity for economic	106835
self-sufficiency.	106836

(5) It causes the person to need a combination and sequence	106837
of special, interdisciplinary, or other type of care, treatment,	106838
or provision of services for an extended period of time that is	106839
individually planned and coordinated for the person.	106840

~~(F)~~(G) "Early childhood services" means a planned program of	106841
habilitation designed to meet the needs of individuals with mental	106842
retardation or other developmental disabilities who have not	106843
attained compulsory school age.	106844

~~(G)~~(H) "Employment services" means prevocational services or	106845
supported employment services.	106846

(I)(1) "Environmental modifications" means the physical	106847
adaptations to an individual's home, specified in the individual's	106848
service plan, that are necessary to ensure the individual's	106849
health, safety, and welfare or that enable the individual to	106850
function with greater independence in the home, and without which	106851
the individual would require institutionalization.	106852

(2) "Environmental modifications" includes such adaptations	106853
as installation of ramps and grab-bars, widening of doorways,	106854
modification of bathroom facilities, and installation of	106855
specialized electric and plumbing systems necessary to accommodate	106856
the individual's medical equipment and supplies.	106857

(3) "Environmental modifications" does not include physical	106858
adaptations or improvements to the home that are of general	106859
utility or not of direct medical or remedial benefit to the	106860
individual, including such adaptations or improvements as	106861
carpeting, roof repair, and central air conditioning.	106862

~~(H)~~(J) "Family support services" means the services provided	106863
under a family support services program operated under section	106864
5126.11 of the Revised Code.	106865

~~(I)~~(K) "Habilitation" means the process by which the staff of	106866
the facility or agency assists an individual with mental	106867
retardation or other developmental disability in acquiring and	106868
maintaining those life skills that enable the individual to cope	106869
more effectively with the demands of the individual's own person	106870
and environment, and in raising the level of the individual's	106871
personal, physical, mental, social, and vocational efficiency.	106872
Habilitation includes, but is not limited to, programs of formal,	106873
structured education and training.	106874

~~(J)~~(L) "Home and community-based services" ~~means~~	106875
~~medicaid-funded home and community-based services specified in~~	106876
~~division (B)(1) of section 5111.87 of the Revised Code and~~	106877
~~provided under the medicaid waiver components the department of~~	106878
~~developmental disabilities administers pursuant to~~has the same	106879
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	106880
~~However, home and community-based services provided under the~~	106881
~~medicaid waiver component known as the transitions developmental~~	106882
~~disabilities waiver are to be considered to be home and~~	106883
~~community-based services for the purposes of this chapter only to~~	106884
~~the extent, if any, provided by the contract required by section~~	106885
~~5111.871 of the Revised Code regarding the waiver.~~	106886

~~(K)~~(M) "ICF/IID" has the same meaning as in section 5124.01	106887
of the Revised Code.	106888

(N) "Immediate family" means parents, grandparents, brothers,	106889
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	106890
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	106891
daughters-in-law.	106892

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	106893
~~the Revised Code.~~	106894

~~(M)~~(O) "Medicaid case management services" means case	106895
management services provided to an individual with mental	106896
retardation or other developmental disability that the state	106897
medicaid plan requires.	106898

~~(N)~~(P) "Mental retardation" means a mental impairment	106899
manifested during the developmental period characterized by	106900
significantly subaverage general intellectual functioning existing	106901
concurrently with deficiencies in the effectiveness or degree with	106902
which an individual meets the standards of personal independence	106903
and social responsibility expected of the individual's age and	106904
cultural group.	106905

~~(O)~~(Q) "Prevocational services" means services, including	106906
services as a volunteer, that provide learning and work	106907
experiences from which an individual can develop general strengths	106908
and skills that are not specific to a particular task or job but	106909
contribute to employability in community employment, supported	106910
work at community-based sites, or self-employment.	106911

(R) "Residential services" means services to individuals with	106912
mental retardation or other developmental disabilities to provide	106913
housing, food, clothing, habilitation, staff support, and related	106914
support services necessary for the health, safety, and welfare of	106915
the individuals and the advancement of their quality of life.	106916
"Residential services" includes program management, as described	106917
in section 5126.14 of the Revised Code.	106918

~~(P)~~(S) "Resources" means available capital and other assets,	106919
including moneys received from the federal, state, and local	106920
governments, private grants, and donations; appropriately	106921
qualified personnel; and appropriate capital facilities and	106922
equipment.	106923

~~(Q)~~(T) "Senior probate judge" means the current probate judge	106924
of a county who has served as probate judge of that county longer	106925
than any of the other current probate judges of that county. If a	106926
county has only one probate judge, "senior probate judge" means	106927
that probate judge.	106928

~~(R)~~(U) "Service and support administration" means the duties	106929
performed by a service and support administrator pursuant to	106930
section 5126.15 of the Revised Code.	106931

~~(S)~~(V)(1) "Specialized medical, adaptive, and assistive	106932
equipment, supplies, and supports" means equipment, supplies, and	106933
supports that enable an individual to increase the ability to	106934
perform activities of daily living or to perceive, control, or	106935
communicate within the environment.	106936

(2) "Specialized medical, adaptive, and assistive equipment,	106937
supplies, and supports" includes the following:	106938

(a) Eating utensils, adaptive feeding dishes, plate guards,	106939
mylatex straps, hand splints, reaches, feeder seats, adjustable	106940
pointer sticks, interpreter services, telecommunication devices	106941
for the deaf, computerized communications boards, other	106942
communication devices, support animals, veterinary care for	106943
support animals, adaptive beds, supine boards, prone boards,	106944
wedges, sand bags, sidelayers, bolsters, adaptive electrical	106945
switches, hand-held shower heads, air conditioners, humidifiers,	106946
emergency response systems, folding shopping carts, vehicle lifts,	106947
vehicle hand controls, other adaptations of vehicles for	106948
accessibility, and repair of the equipment received.	106949

(b) Nondisposable items not covered by medicaid that are	106950
intended to assist an individual in activities of daily living or	106951
instrumental activities of daily living.	106952

~~(T)~~(W) "Supportive home services" means a range of services	106953
to families of individuals with mental retardation or other	106954
developmental disabilities to develop and maintain increased	106955
acceptance and understanding of such persons, increased ability of	106956
family members to teach the person, better coordination between	106957
school and home, skills in performing specific therapeutic and	106958
management techniques, and ability to cope with specific	106959
situations.	106960

~~(U)~~(X)(1) "Supported living" means services provided for as	106961
long as twenty-four hours a day to an individual with mental	106962
retardation or other developmental disability through any public	106963
or private resources, including moneys from the individual, that	106964
enhance the individual's reputation in community life and advance	106965
the individual's quality of life by doing the following:	106966

(a) Providing the support necessary to enable an individual	106967
to live in a residence of the individual's choice, with any number	106968
of individuals who are not disabled, or with not more than three	106969
individuals with mental retardation and developmental disabilities	106970
unless the individuals are related by blood or marriage;	106971

(b) Encouraging the individual's participation in the	106972
community;	106973

106974

(d) Assisting the individual in acquiring, retaining, and	106975
improving the skills and competence necessary to live successfully	106976
in the individual's residence.	106977

(2) "Supported living" includes the provision of all of the	106978
following:	106979

(a) Housing, food, clothing, habilitation, staff support,	106980
professional services, and any related support services necessary	106981
to ensure the health, safety, and welfare of the individual	106982
receiving the services;	106983

(b) A combination of lifelong or extended-duration	106984
supervision, training, and other services essential to daily	106985
living, including assessment and evaluation and assistance with	106986
the cost of training materials, transportation, fees, and	106987
supplies;	106988

106989

(d) Household maintenance that does not include modifications	106990
to the physical structure of the residence;	106991

(e) Respite care services;

106992

(f) Program management, as described in section 5126.14 of	106993
the Revised Code.	106994

Sec. 5126.026. Except as otherwise provided in this section	106995
and section 5126.0218 of the Revised Code, a member of a county	106996
board of developmental disabilities may be reappointed to the	106997
county board. Prior to making a reappointment, the appointing	106998
authority shall ascertain, through written communication with the	106999
board, that the member being considered for reappointment meets	107000
the requirements of sections 5126.022 and 5126.0218 of the Revised	107001
Code.	107002

A member who has served during each of three consecutive	107003
terms shall not be reappointed for a subsequent term until two	107004
years after ceasing to be a member of the county board, except	107005
that a member who has served for ten years or less within three	107006
consecutive terms may be reappointed for a subsequent term before	107007
becoming ineligible for reappointment for two years.	107008

If, however, a county board experiences extenuating	107009
circumstances that would severely restrict the board from being	107010
able to fill a pending vacancy of a board member who will become	107011
ineligible for service on the board after serving three	107012
consecutive terms, the appointing authority may request a waiver	107013
from the director of developmental disabilities to allow that	107014
member to serve an additional four-year term subsequent to serving	107015
three consecutive four-year terms. The director shall determine if	107016
the extenuating circumstances associated with the board warrant	107017
the granting of such a waiver.	107018

Sec. 5126.043. (A) Unless a guardian has been appointed for	107019
the individual, when a decision regarding receipt of a service or	107020
participation in a program provided for or funded under this	107021
chapter or Chapter 5123. or 5124. of the Revised Code by an	107022
individual with mental retardation or other developmental	107023
disability must be made, the individual shall be permitted to make	107024
the decision. The individual may obtain support and guidance from	107025
an adult family member or other person, but doing so does not	107026
affect the right of the individual to make the decision.	107027

(B) An individual with mental retardation or other	107028
developmental disability may authorize an adult to make a decision	107029
described in division (A) of this section on the individual's	107030
behalf, as long as the adult does not have a financial interest in	107031
the decision. The authorization shall be made in writing.	107032

(C) If a guardian has been appointed for an individual with	107033
mental retardation or other developmental disability, the guardian	107034
shall make any decision described in division (A) of this section	107035
on behalf of the individual. This section does not require	107036
appointment of a guardian.	107037

(D) Individuals with mental retardation and other	107038
developmental disabilities, including those who have been	107039
adjudicated incompetent pursuant to Chapter 2111. of the Revised	107040
Code, have the right to participate in decisions that affect their	107041
lives and to have their needs, desires, and preferences	107042
considered. An adult or guardian who makes a decision pursuant to	107043
division (B) or (C) of this section shall make a decision that is	107044
in the best interests of the individual on whose behalf the	107045
decision is made and that is consistent with the needs, desires,	107046
and preferences of that individual.	107047

Sec. 5126.05. (A) Subject to the rules established by the	107048
director of developmental disabilities pursuant to Chapter 119. of	107049
the Revised Code for programs and services offered pursuant to	107050
this chapter, and subject to the rules established by the state	107051
board of education pursuant to Chapter 119. of the Revised Code	107052
for programs and services offered pursuant to Chapter 3323. of the	107053
Revised Code, the county board of developmental disabilities	107054
shall:	107055

(1) Administer and operate facilities, programs, and services	107056
as provided by this chapter and Chapter 3323. of the Revised Code	107057
and establish policies for their administration and operation;	107058

(2) Coordinate, monitor, and evaluate existing services and	107059
facilities available to individuals with mental retardation and	107060
developmental disabilities;	107061

(3) Provide early childhood services, supportive home	107062
services, and adult services, according to the plan and priorities	107063
developed under section 5126.04 of the Revised Code;	107064

(4) Provide or contract for special education services	107065
pursuant to Chapters 3317. and 3323. of the Revised Code and	107066
ensure that related services, as defined in section 3323.01 of the	107067
Revised Code, are available according to the plan and priorities	107068
developed under section 5126.04 of the Revised Code;	107069

(5) Adopt a budget, authorize expenditures for the purposes	107070
specified in this chapter and do so in accordance with section	107071
319.16 of the Revised Code, approve attendance of board members	107072
and employees at professional meetings and approve expenditures	107073
for attendance, and exercise such powers and duties as are	107074
prescribed by the director;	107075

(6) Submit annual reports of its work and expenditures,	107076
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	107077
the director, the superintendent of public instruction, and the	107078
board of county commissioners at the close of the fiscal year and	107079
at such other times as may reasonably be requested;	107080

(7) Authorize all positions of employment, establish	107081
compensation, including but not limited to salary schedules and	107082
fringe benefits for all board employees, approve contracts of	107083
employment for management employees that are for a term of more	107084
than one year, employ legal counsel under section 309.10 of the	107085
Revised Code, and contract for employee benefits;	107086

(8) Provide service and support administration in accordance	107087
with section 5126.15 of the Revised Code;	107088

(9) Certify respite care homes pursuant to rules adopted	107089
under section 5123.171 of the Revised Code by the director of	107090
developmental disabilities;	107091

(10) Implement an employment first policy that clearly	107092
identifies community employment as the desired outcome for every	107093
individual of working age who receives services from the board;	107094

(11) Set benchmarks for improving community employment	107095
outcomes.	107096

(B) To the extent that rules adopted under this section apply	107097
to the identification and placement of children with disabilities	107098
under Chapter 3323. of the Revised Code, they shall be consistent	107099
with the standards and procedures established under sections	107100
3323.03 to 3323.05 of the Revised Code.	107101

(C) Any county board may enter into contracts with other such	107102
boards and with public or private, nonprofit, or profit-making	107103
agencies or organizations of the same or another county, to	107104
provide the facilities, programs, and services authorized or	107105
required, upon such terms as may be agreeable, and in accordance	107106
with this chapter and Chapter 3323. of the Revised Code and rules	107107
adopted thereunder and in accordance with sections 307.86 and	107108
5126.071 of the Revised Code.	107109

(D) A county board may combine transportation for children	107110
and adults enrolled in programs and services offered under Chapter	107111
5126. of the Revised Code with transportation for children	107112
enrolled in classes funded under ~~section~~sections 3317.0213 and	107113
3317.20 ~~or units approved under section 3317.05~~ of the Revised	107114
Code.	107115

(E) A county board may purchase all necessary insurance	107116
policies, may purchase equipment and supplies through the	107117
department of administrative services or from other sources, and	107118
may enter into agreements with public agencies or nonprofit	107119
organizations for cooperative purchasing arrangements.	107120

(F) A county board may receive by gift, grant, devise, or	107121
bequest any moneys, lands, or property for the benefit of the	107122
purposes for which the board is established and hold, apply, and	107123
dispose of the moneys, lands, and property according to the terms	107124
of the gift, grant, devise, or bequest. All money received by	107125
gift, grant, bequest, or disposition of lands or property received	107126
by gift, grant, devise, or bequest shall be deposited in the	107127
county treasury to the credit of such board and shall be available	107128
for use by the board for purposes determined or stated by the	107129
donor or grantor, but may not be used for personal expenses of the	107130
board members. Any interest or earnings accruing from such gift,	107131
grant, devise, or bequest shall be treated in the same manner and	107132
subject to the same provisions as such gift, grant, devise, or	107133
bequest.	107134

(G) The board of county commissioners shall levy taxes and	107135
make appropriations sufficient to enable the county board of	107136
developmental disabilities to perform its functions and duties,	107137
and may utilize any available local, state, and federal funds for	107138
such purpose.	107139

Sec. 5126.051. (A) To the extent that resources are	107140
available, a county board of developmental disabilities shall	107141
provide for or arrange residential services and supported living	107142
for individuals with mental retardation and developmental	107143
disabilities.	107144

A county board may acquire, convey, lease, or sell property	107145
for residential services and supported living and enter into loan	107146
agreements, including mortgages, for the acquisition of such	107147
property. A county board is not required to comply with provisions	107148
of Chapter 307. of the Revised Code providing for competitive	107149
bidding or sheriff sales in the acquisition, lease, conveyance, or	107150
sale of property under this division, but the acquisition, lease,	107151
conveyance, or sale must be at fair market value determined by	107152
appraisal of one or more disinterested persons appointed by the	107153
board.	107154

Any action taken by a county board under this division that	107155
will incur debt on the part of the county shall be taken in	107156
accordance with Chapter 133. of the Revised Code. A county board	107157
shall not incur any debt on the part of the county without the	107158
prior approval of the board of county commissioners.	107159

(B)(1) To the extent that resources are available, in	107160
~~addition to sheltered employment and work activities provided as~~a	107161
county board shall provide or arrange for the provision of adult	107162
services ~~pursuant to division (A)(3) of section 5126.05 of the~~	107163
~~Revised Code, a county board of developmental disabilities may~~	107164
~~provide or arrange for job training, vocational evaluation, and~~	107165
~~community employment services~~ to ~~mentally retarded and~~	107166
~~developmentally disabled~~ individuals who are age eighteen and	107167
older and not enrolled in a program or service under Chapter 3323.	107168
of the Revised Code or age sixteen or seventeen and eligible for	107169
adult services under rules adopted by the director of	107170
developmental disabilities under Chapter 119. of the Revised Code.	107171
These services shall be provided in accordance with the	107172
individual's individual service ~~or habilitation~~ plan and shall	107173
include support services specified in the plan.	107174

(2) Any prevocational services shall be provided in	107175
accordance with the individual's individual service plan and occur	107176
over a specified period of time with specific outcomes sought to	107177
be achieved.	107178

(3) A county board may, in cooperation with the ~~Ohio~~	107179
~~rehabilitation services commission~~opportunities for Ohioans with	107180
disabilities agency, seek federal funds for job training ~~and~~or	107181
other services directly at helping individuals obtain community	107182
employment.	107183

~~(3)~~(4) A county board may contract with any agency, board, or	107184
other entity that is accredited by the commission on accreditation	107185
of rehabilitation facilities to provide services. A county board	107186
that is accredited by the commission on accreditation of	107187
rehabilitation facilities may provide services for which it is	107188
certified by the commission.	107189

(C) To the extent that resources are available, a county	107190
board may provide services to an individual with mental	107191
retardation or other developmental disability in addition to those	107192
provided pursuant to this section, section 5126.05 of the Revised	107193
Code, or any other section of this chapter. The services shall be	107194
provided in accordance with the individual's ~~habilitation or~~	107195
individual service plan and may be provided in collaboration with	107196
other entities of state or local government.	107197

Sec. 5126.054. (A) Each county board of developmental	107198
disabilities shall, by resolution, develop a three-calendar year	107199
plan that includes the following three components:	107200

(1) An assessment component that includes all of the	107201
following:	107202

(a) The number of individuals with mental retardation or	107203
other developmental disability residing in the county who need the	107204
level of care provided by an ~~intermediate care facility for the~~	107205
~~mentally retarded~~ICF/IID, may seek home and community-based	107206
services, and are given priority on a waiting list established for	107207
the services pursuant to section 5126.042 of the Revised Code; the	107208
service needs of those individuals; and the projected annualized	107209
cost for services;	107210

(b) The source of funds available to the county board to pay	107211
the nonfederal share of medicaid expenditures that the county	107212
board is required by sections 5126.059 and 5126.0510 of the	107213
Revised Code to pay;	107214

(c) Any other applicable information or conditions that the	107215
department of developmental disabilities requires as a condition	107216
of approving the component under section 5123.046 of the Revised	107217
Code.	107218

(2) A preliminary implementation component that specifies the	107219
number of individuals to be provided, during the first year that	107220
the plan is in effect, home and community-based services pursuant	107221
to the waiting list priority given to them under section 5126.042	107222
of the Revised Code and the types of home and community-based	107223
services the individuals are to receive;	107224

(3) A component that provides for the implementation of	107225
medicaid case management services and home and community-based	107226
services for individuals who begin to receive the services on or	107227
after the date the plan is approved under section 5123.046 of the	107228
Revised Code. A county board shall include all of the following in	107229
the component:	107230

(a) If the department of developmental disabilities or	107231
department of ~~job and family services~~medicaid requires, an	107232
agreement to pay the nonfederal share of medicaid expenditures	107233
that the county board is required by sections 5126.059 and	107234
5126.0510 of the Revised Code to pay;	107235

(b) How the services are to be phased in over the period the	107236
plan covers, including how the county board will serve individuals	107237
who have priority on a waiting list established under section	107238
5126.042 of the Revised Code;	107239

(c) Any agreement or commitment regarding the county board's	107240
funding of home and community-based services that the county board	107241
has with the department at the time the county board develops the	107242
component;	107243

(d) Assurances adequate to the department that the county	107244
board will comply with all of the following requirements:	107245

(i) To provide the types of home and community-based services	107246
specified in the preliminary implementation component required by	107247
division (A)(2) of this section to at least the number of	107248
individuals specified in that component;	107249

(ii) To use any additional funds the county board receives	107250
for the services to improve the county board's resource	107251
capabilities for supporting such services available in the county	107252
at the time the component is developed and to expand the services	107253
to accommodate the unmet need for those services in the county;	107254

(iii) To employ or contract with a business manager or enter	107255
into an agreement with another county board of developmental	107256
disabilities that employs or contracts with a business manager to	107257
have the business manager serve both county boards. No	107258
superintendent of a county board may serve as the county board's	107259
business manager.	107260

(iv) To employ or contract with a medicaid services manager	107261
or enter into an agreement with another county board of	107262
developmental disabilities that employs or contracts with a	107263
medicaid services manager to have the medicaid services manager	107264
serve both county boards. No superintendent of a county board may	107265
serve as the county board's medicaid services manager.	107266

(e) Programmatic and financial accountability measures and	107267
projected outcomes expected from the implementation of the plan;	107268

(f) Any other applicable information or conditions that the	107269
department requires as a condition of approving the component	107270
under section 5123.046 of the Revised Code.	107271

(B) A county board whose plan developed under division (A) of	107272
this section is approved by the department under section 5123.046	107273
of the Revised Code shall update and renew the plan in accordance	107274
with a schedule the department shall develop.	107275

Sec. 5126.055. (A) Except as provided in section 5126.056 of	107276
the Revised Code, a county board of developmental disabilities has	107277
medicaid local administrative authority to, and shall, do all of	107278
the following for an individual with mental retardation or other	107279
developmental disability who resides in the county that the county	107280
board serves and seeks or receives home and community-based	107281
services:	107282

(1) Perform assessments and evaluations of the individual. As	107283
part of the assessment and evaluation process, the county board	107284
shall do all of the following:	107285

(a) Make a recommendation to the department of developmental	107286
disabilities on whether the department should approve or deny the	107287
individual's application for the services, including on the basis	107288
of whether the individual needs the level of care an ~~intermediate~~	107289
~~care facility for the mentally retarded~~ICF/IID provides;	107290

(b) If the individual's application is denied because of the	107291
county board's recommendation and the individual ~~requests a~~	107292
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	107293
Revised Code, present, with the department of developmental	107294
disabilities or department of ~~job and family services~~medicaid,	107295
whichever denies the application, the reasons for the	107296
recommendation and denial at the hearing;	107297

(c) If the individual's application is approved, recommend to	107298
the departments of developmental disabilities and ~~job and family~~	107299
~~services~~medicaid the services that should be included in the	107300
individual's individualized service plan and, if either department	107301
approves, reduces, denies, or terminates a service included in the	107302
individual's individualized service plan under section ~~5111.871~~	107303
5166.20 of the Revised Code because of the county board's	107304
recommendation, present, with the department that made the	107305
approval, reduction, denial, or termination, the reasons for the	107306
recommendation and approval, reduction, denial, or termination at	107307
a hearing held pursuant to an appeal made under section ~~5101.35~~	107308
5160.31 of the Revised Code.	107309

(2) Perform any duties assigned to the county board in rules	107310
adopted under section 5126.046 of the Revised Code regarding the	107311
individual's right to choose a qualified and willing provider of	107312
the services and, at a hearing held pursuant to an appeal made	107313
under section ~~5101.35~~5160.31 of the Revised Code, present	107314
evidence of the process for appropriate assistance in choosing	107315
providers;	107316

(3) If the county board is certified under section 5123.161	107317
of the Revised Code to provide the services and agrees to provide	107318
the services to the individual and the individual chooses the	107319
county board to provide the services, furnish, in accordance with	107320
the county board's medicaid provider agreement and for the	107321
authorized reimbursement rate, the services the individual	107322
requires;	107323

(4) Monitor the services provided to the individual and	107324
ensure the individual's health, safety, and welfare. The	107325
monitoring shall include quality assurance activities. If the	107326
county board provides the services, the department of	107327
developmental disabilities shall also monitor the services.	107328

(5) Develop, with the individual and the provider of the	107329
individual's services, an effective individualized service plan	107330
that includes coordination of services, recommend that the	107331
departments of developmental disabilities and ~~job and family~~	107332
~~services~~medicaid approve the plan, and implement the plan unless	107333
either department disapproves it. The individualized service plan	107334
shall include a summary page, agreed to by the county board,	107335
provider, and individual receiving services, that clearly outlines	107336
the amount, duration, and scope of services to be provided under	107337
the plan.	107338

(6) Have an investigative agent conduct investigations under	107339
section 5126.313 of the Revised Code that concern the individual;	107340

(7) Have a service and support administrator perform the	107341
duties under division (B)(9) of section 5126.15 of the Revised	107342
Code that concern the individual.	107343

(B) A county board shall perform its medicaid local	107344
administrative authority under this section in accordance with all	107345
of the following:	107346

(1) The county board's plan that the department of	107347
developmental disabilities approves under section 5123.046 of the	107348
Revised Code;	107349

(2) All applicable federal and state laws;

107350

(3) All applicable policies of the departments of	107351
developmental disabilities and ~~job and family services~~medicaid	107352
and the United States department of health and human services;	107353

(4) The department of ~~job and family services'~~medicaid's	107354
supervision under its authority ~~under section 5111.01 of the~~	107355
~~Revised Code to act~~ as the single state medicaid agency;	107356

(5) The department of developmental disabilities' oversight.

107357

(C) The departments of developmental disabilities and ~~job and~~	107358
~~family services~~medicaid shall communicate with and provide	107359
training to county boards regarding medicaid local administrative	107360
authority granted by this section. The communication and training	107361
shall include issues regarding audit protocols and other standards	107362
established by the United States department of health and human	107363
services that the departments determine appropriate for	107364
communication and training. County boards shall participate in the	107365
training. The departments shall assess the county board's	107366
compliance against uniform standards that the departments shall	107367
establish.	107368

(D) A county board may not delegate its medicaid local	107369
administrative authority granted under this section but may	107370
contract with a person or government entity, including a council	107371
of governments, for assistance with its medicaid local	107372
administrative authority. A county board that enters into such a	107373
contract shall notify the director of developmental disabilities.	107374
The notice shall include the tasks and responsibilities that the	107375
contract gives to the person or government entity. The person or	107376
government entity shall comply in full with all requirements to	107377
which the county board is subject regarding the person or	107378
government entity's tasks and responsibilities under the contract.	107379
The county board remains ultimately responsible for the tasks and	107380
responsibilities.	107381

(E) A county board that has medicaid local administrative	107382
authority under this section shall, through the departments of	107383
developmental disabilities and ~~job and family services~~medicaid,	107384
reply to, and cooperate in arranging compliance with, a program or	107385
fiscal audit or program violation exception that a state or	107386
federal audit or review discovers. The department of ~~job and~~	107387
~~family services~~medicaid shall timely notify the department of	107388
developmental disabilities and the county board of any adverse	107389
findings. After receiving the notice, the county board, in	107390
conjunction with the department of developmental disabilities,	107391
shall cooperate fully with the department of ~~job and family~~	107392
~~services~~medicaid and timely prepare and send to the department a	107393
written plan of correction or response to the adverse findings.	107394
The county board is liable for any adverse findings that result	107395
from an action it takes or fails to take in its implementation of	107396
medicaid local administrative authority.	107397

(F) If the department of developmental disabilities or	107398
department of ~~job and family services~~medicaid determines that a	107399
county board's implementation of its medicaid local administrative	107400
authority under this section is deficient, the department that	107401
makes the determination shall require that county board do the	107402
following:	107403

(1) If the deficiency affects the health, safety, or welfare	107404
of an individual with mental retardation or other developmental	107405
disability, correct the deficiency within twenty-four hours;	107406

(2) If the deficiency does not affect the health, safety, or	107407
welfare of an individual with mental retardation or other	107408
developmental disability, receive technical assistance from the	107409
department or submit a plan of correction to the department that	107410
is acceptable to the department within sixty days and correct the	107411
deficiency within the time required by the plan of correction.	107412

Sec. 5126.131. (A)(1) Each regional council established	107413
under section 5126.13 of the Revised Code shall file with the	107414
department of developmental disabilities an annual cost report	107415
detailing the regional council's income and expenditures.	107416

(2) Each county board of developmental disabilities shall	107417
file with the department an annual cost report detailing the	107418
board's income and expenditures.	107419

(B)(1)(a) Unless the department establishes a later date for	107420
all regional council cost reports, each council shall file its	107421
cost report not later than the last day of April. At the written	107422
request of a regional council, the department may grant a	107423
fourteen-day extension for filing the cost report.	107424

(b) Unless the department establishes a later date for all	107425
county board cost reports, each board shall file its cost report	107426
not later than the last day of May. At the written request of a	107427
board, the department may grant a fourteen-day extension for	107428
filing the board's cost report.	107429

(2) The cost report shall contain information on the previous	107430
calendar year's income and expenditures. Once filed by a regional	107431
council or board, no changes may be made to the cost report,	107432
including the submission of additional documentation, except as	107433
otherwise provided in this section.	107434

(C) Each cost report filed under this section by a regional	107435
council or board shall be audited by the department or an entity	107436
designated by the department. The department or designated entity	107437
shall notify the regional council or board of the date on which	107438
the audit is to begin. The department may permit a regional	107439
council or board to submit changes to the cost report before the	107440
audit begins.	107441

If the department or designated entity determines that a	107442
filed cost report is not auditable, it shall provide written	107443
notification to the regional council or board of the cost report's	107444
deficiencies and may request additional documentation. If the	107445
department or designated entity requests additional documentation,	107446
the regional council or board shall be given sixty days after the	107447
request is made to provide the additional documentation. After	107448
sixty days, the department or designated entity shall determine	107449
whether the cost report is auditable with any additional	107450
documentation provided and shall notify the regional council or	107451
board of its determination. The determination of the department or	107452
designated entity is final.	107453

(D) The department or designated entity shall certify its	107454
audit as complete and file a copy of the certified audit in the	107455
office of the clerk of the governing body, executive officer of	107456
the governing body, and chief fiscal officer of the audited	107457
regional council or board. Changes may not be made to a cost	107458
report once the department or designated entity files the	107459
certified audit. The cost report is not a public record under	107460
section 149.43 of the Revised Code until copies of the cost report	107461
are filed pursuant to this section.	107462

(E) The department may withhold any funds that it distributes	107463
to a regional council or board as subsidy payments if either of	107464
the following is the case:	107465

(1) The cost report is not timely filed by the regional	107466
council or board with the department in accordance with division	107467
(B) of this section.	107468

(2) The cost report is determined not auditable under	107469
division (C) of this section after the department or designated	107470
entity gives the regional council or board sixty days to provide	107471
additional documentation.	107472

(F) Cost reports shall be retained by regional councils and	107473
boards for seven years. The department shall provide annual	107474
training to regional council and board employees regarding cost	107475
reports required by this section.	107476

(G) The department, in accordance with Chapter 119. of the	107477
Revised Code, may adopt any rules necessary to implement this	107478
section.	107479

Sec. 5139.03. The department of youth services shall control	107480
and manage all state institutions or facilities established or	107481
created for the training or rehabilitation of delinquent children	107482
committed to the department, except where the control and	107483
management of an institution or facility is vested by law in	107484
another agency. The department shall employ, in addition to other	107485
personnel authorized under Chapter 5139. of the Revised Code,	107486
sufficient personnel to maintain food service and buildings and	107487
grounds operations.	107488

The department of youth services shall, insofar as	107489
practicable, purchase foods and other commodities incident to food	107490
service operations from the department of ~~mental health~~mental	107491
health and addiction services. The department of youth services	107492
may enter into agreements with the department of ~~mental health~~	107493
mental health and addiction services providing for assistance and	107494
consultation in the construction of, or major modifications to,	107495
capital facilities of the department of youth services.	107496

The directors of ~~mental health~~mental health and addiction	107497
services and of youth services shall enter into written agreements	107498
to implement this section. Such directors may, from time to time,	107499
amend any agreements entered into under this section for the	107500
purposes of making more efficient use of personnel, taking	107501
advantage of economies in quantity purchasing, or for any other	107502
purpose which is mutually advantageous to both the department of	107503
youth services and the department of ~~mental health~~mental health	107504
and addiction services.	107505

The department of youth services may transfer any of its	107506
excess or surplus supplies to a community corrections facility.	107507
These supplies shall remain the property of the department for a	107508
period of five years from the date of the transfer. After the	107509
five-year period, the supplies shall become the property of the	107510
facility.	107511

Sec. 5139.04. The department of youth services shall do all	107512
of the following:	107513

(A) Support service districts through a central	107514
administrative office that shall have as its administrative head a	107515
deputy director who shall be appointed by the director of the	107516
department. When a vacancy occurs in the office of that deputy	107517
director, an assistant deputy director shall act as that deputy	107518
director until the vacancy is filled. The position of deputy	107519
director and assistant deputy director described in this division	107520
shall be in the unclassified civil service of the state.	107521

(B) Receive custody of all children committed to it under	107522
Chapter 2152. of the Revised Code, cause a study to be made of	107523
those children, and issue any orders, as it considers best suited	107524
to the needs of any of those children and the interest of the	107525
public, for the treatment of each of those children;	107526

(C) Obtain personnel necessary for the performance of its	107527
duties;	107528

(D) Adopt rules that regulate its organization and operation,	107529
that implement sections 5139.34 and 5139.41 to 5139.43 of the	107530
Revised Code, and that pertain to the administration of other	107531
sections of this chapter;	107532

(E) Submit reports of its operations to the governor and the	107533
general assembly by the thirty-first day of January of each	107534
odd-numbered year;	107535

(F) Conduct a program of research in diagnosis, training, and	107536
treatment of delinquent children to evaluate the effectiveness of	107537
the department's services and to develop more adequate methods;	107538

(G) Develop a standard form for the disposition investigation	107539
report that a juvenile court is required pursuant to section	107540
2152.18 of the Revised Code to complete and provide to the	107541
department when the court commits a child to the legal custody of	107542
the department;	107543

(H) Provide the state public defender the reasonable access	107544
authorized under division (I) of section 120.06 of the Revised	107545
Code in order to fulfill the department's constitutional	107546
obligation to provide juveniles who have been committed to the	107547
department's care access to the courts.	107548

(I) Do all other acts necessary or desirable to carry out	107549
this chapter.	107550

Sec. 5139.08. The department of youth services may enter	107551
into an agreement with the director of rehabilitation and	107552
correction pursuant to which the department of youth services, in	107553
accordance with division (C)(2) of section 5139.06 and section	107554
5120.162 of the Revised Code, may transfer to a correctional	107555
medical center established by the department of rehabilitation and	107556
correction, children who are within its custody for diagnosis or	107557
treatment of an illness, physical condition, or other medical	107558
problem. The department of youth services may enter into any other	107559
agreements with the director of job and family services, the	107560
director of ~~mental health~~mental health and addiction services,	107561
the director of developmental disabilities, the director of	107562
rehabilitation and correction, with the courts having probation	107563
officers or other public officials, and with private agencies or	107564
institutions for separate care or special treatment of children	107565
subject to the control of the department of youth services. The	107566
department of youth services may, upon the request of a juvenile	107567
court not having a regular probation officer, provide probation	107568
services for such court.	107569

Upon request by the department of youth services, any public	107570
agency or group care facility established or administered by the	107571
state for the care and treatment of children and youth shall,	107572
consistent with its functions, accept and care for any child whose	107573
custody is vested in the department in the same manner as it would	107574
be required to do if custody had been vested by a court in such	107575
agency or group care facility. If the department has reasonable	107576
grounds to believe that any child or youth whose custody is vested	107577
in it is mentally ill or mentally retarded, the department may	107578
file an affidavit under section 5122.11 or 5123.76 of the Revised	107579
Code. The department's affidavit for admission of a child or youth	107580
to such institution shall be filed with the probate court of the	107581
county from which the child was committed to the department. Such	107582
court may request the probate court of the county in which the	107583
child is held to conduct the hearing on the application, in which	107584
case the court making such request shall bear the expenses of the	107585
proceeding. If the department files such an affidavit, the child	107586
or youth may be kept in such institution until a final decision on	107587
the affidavit is made by the appropriate court.	107588

Sec. 5139.282. The director of youth services shall	107589
establish a pre-service and in-service training program for	107590
juvenile correctional facility youth specialists that shall	107591
include, but is not limited to, training in unarmed self-defense,	107592
hostage negotiation, transportation, first aid, and CPR as defined	107593
in division (B) of section 2133.21 of the Revised Code.	107594

Sec. 5139.34. (A) Funds may be appropriated to the	107595
department of youth services for the purpose of granting state	107596
subsidies to counties. A county or the juvenile court that serves	107597
a county shall use state subsidies granted to the county pursuant	107598
to this section only in accordance with divisions (B)(2)(a) and	107599
(3)(a) of section 5139.43 of the Revised Code and the rules	107600
pertaining to the state subsidy funds that the department adopts	107601
pursuant to division (D) of section 5139.04 of the Revised Code.	107602
The department shall not grant financial assistance pursuant to	107603
this section for the provision of care and services for children	107604
in a placement facility unless the facility has been certified,	107605
licensed, or approved by a state or national agency with	107606
certification, licensure, or approval authority, including, but	107607
not limited to, the department of job and family services,	107608
department of education, department of ~~mental health~~mental health	107609
and addiction services, department of developmental disabilities,	107610
or American correctional association. For the purposes of this	107611
section, placement facilities do not include a state institution	107612
or a county or district children's home.	107613

The department also shall not grant financial assistance	107614
pursuant to this section for the provision of care and services	107615
for children, including, but not limited to, care and services in	107616
a detention facility, in another facility, or in out-of-home	107617
placement, unless the minimum standards applicable to the care and	107618
services that the department prescribes in rules adopted pursuant	107619
to division (D) of section 5139.04 of the Revised Code have been	107620
satisfied.	107621

(B) The department of youth services shall apply the	107622
following formula to determine the amount of the annual grant that	107623
each county is to receive pursuant to division (A) of this	107624
section, subject to the appropriation for this purpose to the	107625
department made by the general assembly:	107626

(1) Each county shall receive a basic annual grant of fifty	107627
thousand dollars.	107628

(2) The sum of the basic annual grants provided under	107629
division (B)(1) of this section shall be subtracted from the total	107630
amount of funds appropriated to the department of youth services	107631
for the purpose of making grants pursuant to division (A) of this	107632
section to determine the remaining portion of the funds	107633
appropriated. The remaining portion of the funds appropriated	107634
shall be distributed on a per capita basis to each county that has	107635
a population of more than twenty-five thousand for that portion of	107636
the population of the county that exceeds twenty-five thousand.	107637

(C)(1) Prior to a county's receipt of an annual grant	107638
pursuant to this section, the juvenile court that serves the	107639
county shall prepare, submit, and file in accordance with division	107640
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	107641
agreement and application for funding that is for the combined	107642
purposes of, and that satisfies the requirements of, this section	107643
and section 5139.43 of the Revised Code. In addition to the	107644
subject matters described in division (B)(3)(a) of section 5139.43	107645
of the Revised Code or in the rules that the department adopts to	107646
implement that division, the annual grant agreement and	107647
application for funding shall address fiscal accountability and	107648
performance matters pertaining to the programs, care, and services	107649
that are specified in the agreement and application and for which	107650
state subsidy funds granted pursuant to this section will be used.	107651

(2) The county treasurer of each county that receives an	107652
annual grant pursuant to this section shall deposit the state	107653
subsidy funds so received into the county's felony delinquent care	107654
and custody fund created pursuant to division (B)(1) of section	107655
5139.43 of the Revised Code. Subject to exceptions prescribed in	107656
section 5139.43 of the Revised Code that may apply to the	107657
disbursement, the department shall disburse the state subsidy	107658
funds to which a county is entitled in a lump sum payment that	107659
shall be made in July of each calendar year.	107660

(3) Upon an order of the juvenile court that serves a county	107661
and subject to appropriation by the board of county commissioners	107662
of that county, a county treasurer shall disburse from the	107663
county's felony delinquent care and custody fund the state subsidy	107664
funds granted to the county pursuant to this section for use only	107665
in accordance with this section, the applicable provisions of	107666
section 5139.43 of the Revised Code, and the county's approved	107667
annual grant agreement and application for funding.	107668

(4) The moneys in a county's felony delinquent care and	107669
custody fund that represent state subsidy funds granted pursuant	107670
to this section are subject to appropriation by the board of	107671
county commissioners of the county; shall be disbursed by the	107672
county treasurer as required by division (C)(3) of this section;	107673
shall be used in the manners referred to in division (C)(3) of	107674
this section; shall not revert to the county general fund at the	107675
end of any fiscal year; shall carry over in the felony delinquent	107676
care and custody fund from the end of any fiscal year to the next	107677
fiscal year; shall be in addition to, and shall not be used to	107678
reduce, any usual annual increase in county funding that the	107679
juvenile court is eligible to receive or the current level of	107680
county funding of the juvenile court and of any programs, care, or	107681
services for alleged or adjudicated delinquent children, unruly	107682
children, or juvenile traffic offenders or for children who are at	107683
risk of becoming delinquent children, unruly children, or juvenile	107684
traffic offenders; and shall not be used to pay for the care and	107685
custody of felony ~~deliquents~~delinquents who are in the care and	107686
custody of an institution pursuant to a commitment, recommitment,	107687
or revocation of a release on parole by the juvenile court of that	107688
county or who are in the care and custody of a community	107689
corrections facility pursuant to a placement by the department	107690
with the consent of the juvenile court as described in division	107691
(E) of section 5139.36 of the Revised Code.	107692

(5) As a condition of the continued receipt of state subsidy	107693
funds pursuant to this section, each county and the juvenile court	107694
that serves each county that receives an annual grant pursuant to	107695
this section shall comply with divisions (B)(3)(b), (c), and (d)	107696
of section 5139.43 of the Revised Code.	107697

Sec. 5145.162. (A) There is hereby created the office of	107698
enterprise development advisory ~~council of directors for prison~~	107699
~~labor consisting~~board to advise and assist the department of	107700
rehabilitation and correction with the creation of training	107701
programs and jobs for inmates and releasees through partnerships	107702
with private sector businesses. The board shall consist of at	107703
least five appointed members and the executive director of the	107704
office of the correctional institution inspection committee, who	107705
shall serve as an ex officio member. Each member shall have	107706
experience in labor relations, marketing, business management, or	107707
business. The members and chairperson shall be appointed by the	107708
~~governor~~director of the department of rehabilitation and	107709
correction. ~~Within thirty days after April 9, 1981, the governor~~	107710
~~shall make the initial appointments to the council of directors.~~	107711
~~Of the initial appointments made to the council of directors, two~~	107712
~~shall be for a term ending one year after April 9, 1981, two shall~~	107713
~~be for a term ending two years after that date, and one shall be~~	107714
~~for a term ending three years after that date. After the~~	107715
~~expiration of the initial terms, the terms of office for the~~	107716
~~members shall be for three years, each term ending on the same day~~	107717
~~of the same month of the year as did the term that it succeeds.~~	107718
~~Each member shall hold office from the date of appointment until~~	107719
~~the end of the term for which the member was appointed. Any~~	107720
~~vacancy on the advisory council shall be filled by the governor.~~	107721
~~Any member appointed to fill a vacancy occurring prior to the~~	107722
~~expiration of the term for which the member's predecessor was~~	107723
~~appointed shall hold office for the remainder of the predecessor's~~	107724
~~term. Any member shall continue in office subsequent to the~~	107725
~~expiration date of the member's term until a successor takes~~	107726
~~office, or until a period of sixty days has elapsed, whichever~~	107727
~~occurs first.~~	107728

(B) Each member of the advisory ~~council, while engaged in the~~	107729
~~performance of the business of the advisory council,~~board shall	107730
receive no compensation but may be reimbursed for expenses	107731
actually and necessarily incurred in the performance of official	107732
duties of the board. Members of the board who are state employees	107733
shall be reimbursed for expenses pursuant to travel rules	107734
promulgated by the office of budget and management.	107735

(C) The advisory ~~council~~board shall adopt procedures for the	107736
conduct of the board's meetings. The board shall meet ~~within two~~	107737
~~weeks after the initial members have been appointed at a time and~~	107738
~~place determined by the governor. At its first meeting, the~~	107739
~~advisory council shall elect a chairperson and shall adopt rules~~	107740
~~for its procedures. The advisory council shall elect a new~~	107741
~~chairperson annually at its January meeting. The advisory council~~	107742
~~shall meet at least once every January and~~ at least once every ~~two~~	107743
~~months thereafter~~quarter, and otherwise shall meet at the call of	107744
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	107745
~~of the members. Three~~director of the department of rehabilitation	107746
and correction. Sixty per cent of the members ~~constitutes~~shall	107747
constitute a quorum~~, and no action~~. No transaction of the board's	107748
business shall be taken without the concurrence of a quorum of the	107749
members. The board may have committees with persons who are not	107750
members of the board but whose experience and expertise is	107751
relevant and useful to the work of the committee.	107752

(D) The advisory ~~council~~board shall ~~advise and assist the~~	107753
~~department of rehabilitation and correction when the department~~	107754
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	107755
~~Revised Code, establishes prices for goods, products, services, or~~	107756
~~labor produced or supplied by prisoners, and otherwise establishes~~	107757
~~and administers the program for employment of prisoners~~	107758
~~established by the department pursuant to division (A) of section~~	107759
~~5145.16 of the Revised Code. The department shall consider the~~	107760
~~advice and assistance of the advisory council that is provided~~	107761
~~pursuant to this section, and shall cooperate with the advisory~~	107762
~~council. The advisory council may recommend~~have the following	107763
duties:	107764

(1) Solicit business proposals offering job training,	107765
apprenticeship, education programs, and employment opportunities	107766
for inmates and releasees;	107767

(2) Provide information and input to the office of enterprise	107768
development to support the job training and employment program of	107769
inmates and releasees and any additional, related duties as	107770
requested by the director of the department of rehabilitation and	107771
correction;	107772

(3) Recommend to the ~~general assembly~~office of enterprise	107773
development any ~~further~~ legislation, administrative rule, or	107774
department policy change that itthe board believes is necessary	107775
to implement the department's program ~~of employment of prisoners~~;	107776

(4) Promote public awareness of the office of enterprise	107777
development and the office's employment program;	107778

(5) Familiarize itself and the public with avenues to access	107779
the office of enterprise development on employment program	107780
concerns;	107781

(6) Advocate for the needs and concerns of the office of	107782
enterprise development in local communities, counties, and the	107783
state;	107784

(7) Play an active role in the office of enterprise	107785
development's efforts to reduce recidivism in the state by doing	107786
all of the following:	107787

(a) Providing input and making recommendations for the	107788
office's consideration in monitoring employment program compliance	107789
and effectiveness;	107790

(b) Making suggestions on the appropriate priorities for the	107791
office's grant award criteria;	107792

(c) Being a liaison between the office and constituents of	107793
the board's members;	107794

(d) Working to develop constituent groups interested in	107795
employment program issues;	107796

(8) Aid in the employment program development process by	107797
playing a leadership role in professional associations by	107798
discussing employment program issues.	107799

(E) The department of rehabilitation and correction shall	107800
initially screen each proposal obtained under division (D)(1) of	107801
this section to ensure that the proposal is a viable venture to	107802
pursue. If the department determines that a proposal is a viable	107803
venture to pursue, the department shall submit the proposal to the	107804
board for objective review against established guidelines. The	107805
board shall determine whether to recommend the implementation of	107806
the program to the department.	107807

Sec. 5145.18. Any printing or binding performed in a state	107808
correctional institution may be performed for the use of the	107809
institution, the departments of ~~mental health~~mental health and	107810
addiction services, developmental disabilities, and rehabilitation	107811
and correction, the department of public safety in connection with	107812
the registration of motor vehicles, and for any other purpose	107813
authorized by division (B) of section 5145.03 and by sections	107814
5145.16 and 5145.161 of the Revised Code.	107815

Sec. 5153.16. (A) Except as provided in section 2151.422 of	107816
the Revised Code, in accordance with rules adopted under section	107817
5153.166 of the Revised Code, and on behalf of children in the	107818
county whom the public children services agency considers to be in	107819
need of public care or protective services, the public children	107820
services agency shall do all of the following:	107821

(1) Make an investigation concerning any child alleged to be	107822
an abused, neglected, or dependent child;	107823

(2) Enter into agreements with the parent, guardian, or other	107824
person having legal custody of any child, or with the department	107825
of job and family services, department of ~~mental health~~mental	107826
health and addiction services, department of developmental	107827
disabilities, other department, any certified organization within	107828
or outside the county, or any agency or institution outside the	107829
state, having legal custody of any child, with respect to the	107830
custody, care, or placement of any child, or with respect to any	107831
matter, in the interests of the child, provided the permanent	107832
custody of a child shall not be transferred by a parent to the	107833
public children services agency without the consent of the	107834
juvenile court;	107835

(3) Accept custody of children committed to the public	107836
children services agency by a court exercising juvenile	107837
jurisdiction;	107838

(4) Provide such care as the public children services agency	107839
considers to be in the best interests of any child adjudicated to	107840
be an abused, neglected, or dependent child the agency finds to be	107841
in need of public care or service;	107842

(5) Provide social services to any unmarried girl adjudicated	107843
to be an abused, neglected, or dependent child who is pregnant	107844
with or has been delivered of a child;	107845

(6) Make available to the bureau for children with medical	107846
handicaps of the department of health at its request any	107847
information concerning a crippled child found to be in need of	107848
treatment under sections 3701.021 to 3701.028 of the Revised Code	107849
who is receiving services from the public children services	107850
agency;	107851

(7) Provide temporary emergency care for any child considered	107852
by the public children services agency to be in need of such care,	107853
without agreement or commitment;	107854

(8) Find certified foster homes, within or outside the	107855
county, for the care of children, including handicapped children	107856
from other counties attending special schools in the county;	107857

(9) Subject to the approval of the board of county	107858
commissioners and the state department of job and family services,	107859
establish and operate a training school or enter into an agreement	107860
with any municipal corporation or other political subdivision of	107861
the county respecting the operation, acquisition, or maintenance	107862
of any children's home, training school, or other institution for	107863
the care of children maintained by such municipal corporation or	107864
political subdivision;	107865

(10) Acquire and operate a county children's home, establish,	107866
maintain, and operate a receiving home for the temporary care of	107867
children, or procure certified foster homes for this purpose;	107868

(11) Enter into an agreement with the trustees of any	107869
district children's home, respecting the operation of the district	107870
children's home in cooperation with the other county boards in the	107871
district;	107872

(12) Cooperate with, make its services available to, and act	107873
as the agent of persons, courts, the department of job and family	107874
services, the department of health, and other organizations within	107875
and outside the state, in matters relating to the welfare of	107876
children, except that the public children services agency shall	107877
not be required to provide supervision of or other services	107878
related to the exercise of parenting time rights granted pursuant	107879
to section 3109.051 or 3109.12 of the Revised Code or	107880
companionship or visitation rights granted pursuant to section	107881
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	107882
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	107883
a common pleas court, pursuant to division (E)(6) of section	107884
3113.31 of the Revised Code, requires the provision of supervision	107885
or other services related to the exercise of the parenting time	107886
rights or companionship or visitation rights;	107887

(13) Make investigations at the request of any superintendent	107888
of schools in the county or the principal of any school concerning	107889
the application of any child adjudicated to be an abused,	107890
neglected, or dependent child for release from school, where such	107891
service is not provided through a school attendance department;	107892

(14) Administer funds provided under Title IV-E of the	107893
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	107894
amended, in accordance with rules adopted under section 5101.141	107895
of the Revised Code;	107896

(15) In addition to administering Title IV-E adoption	107897
assistance funds, enter into agreements to make adoption	107898
assistance payments under section 5153.163 of the Revised Code;	107899

(16) Implement a system of safety and risk assessment, in	107900
accordance with rules adopted by the director of job and family	107901
services, to assist the public children services agency in	107902
determining the risk of abuse or neglect to a child;	107903

(17) Enter into a plan of cooperation with the board of	107904
county commissioners under section 307.983 of the Revised Code and	107905
comply with each fiscal agreement the board enters into under	107906
section 307.98 of the Revised Code that include family services	107907
duties of public children services agencies and contracts the	107908
board enters into under sections 307.981 and 307.982 of the	107909
Revised Code that affect the public children services agency;	107910

(18) Make reasonable efforts to prevent the removal of an	107911
alleged or adjudicated abused, neglected, or dependent child from	107912
the child's home, eliminate the continued removal of the child	107913
from the child's home, or make it possible for the child to return	107914
home safely, except that reasonable efforts of that nature are not	107915
required when a court has made a determination under division	107916
(A)(2) of section 2151.419 of the Revised Code;	107917

(19) Make reasonable efforts to place the child in a timely	107918
manner in accordance with the permanency plan approved under	107919
division (E) of section 2151.417 of the Revised Code and to	107920
complete whatever steps are necessary to finalize the permanent	107921
placement of the child;	107922

(20) Administer a Title IV-A program identified under	107923
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	107924
Code that the department of job and family services provides for	107925
the public children services agency to administer under the	107926
department's supervision pursuant to section 5101.801 of the	107927
Revised Code;	107928

(21) Administer the kinship permanency incentive program	107929
created under section 5101.802 of the Revised Code under the	107930
supervision of the director of job and family services;	107931

(22) Provide independent living services pursuant to sections	107932
2151.81 to 2151.84 of the Revised Code;	107933

(23) File a missing child report with a local law enforcement	107934
agency upon becoming aware that a child in the custody of the	107935
public children services agency is or may be missing.	107936

(B) The public children services agency shall use the system	107937
implemented pursuant to division (A)(16) of this section in	107938
connection with an investigation undertaken pursuant to division	107939
(F)(1) of section 2151.421 of the Revised Code to assess both of	107940
the following:	107941

(1) The ongoing safety of the child;

107942

(2) The appropriateness of the intensity and duration of the	107943
services provided to meet child and family needs throughout the	107944
duration of a case.	107945

(C) Except as provided in section 2151.422 of the Revised	107946
Code, in accordance with rules of the director of job and family	107947
services, and on behalf of children in the county whom the public	107948
children services agency considers to be in need of public care or	107949
protective services, the public children services agency may do	107950
the following:	107951

(1) Provide or find, with other child serving systems,	107952
specialized foster care for the care of children in a specialized	107953
foster home, as defined in section 5103.02 of the Revised Code,	107954
certified under section 5103.03 of the Revised Code;	107955

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	107956
this section, contract with the following for the purpose of	107957
assisting the agency with its duties:	107958

(i) County departments of job and family services;

107959

(ii) Boards of alcohol, drug addiction, and mental health	107960
services;	107961

(iii) County boards of developmental disabilities;

107962

(iv) Regional councils of political subdivisions established	107963
under Chapter 167. of the Revised Code;	107964

(v) Private and government providers of services;

107965

(vi) Managed care organizations and prepaid health plans.

107966

(b) A public children services agency contract under division	107967
(C)(2)(a) of this section regarding the agency's duties under	107968
section 2151.421 of the Revised Code may not provide for the	107969
entity under contract with the agency to perform any service not	107970
authorized by the department's rules.	107971

(c) Only a county children services board appointed under	107972
section 5153.03 of the Revised Code that is a public children	107973
services agency may contract under division (C)(2)(a) of this	107974
section. If an entity specified in division (B) or (C) of section	107975
5153.02 of the Revised Code is the public children services agency	107976
for a county, the board of county commissioners may enter into	107977
contracts pursuant to section 307.982 of the Revised Code	107978
regarding the agency's duties.	107979

Sec. 5160.01. As used in this chapter:

107980

(A) "Dual eligible individual" has the same meaning as in the	107981
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	107982
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	107983
enrollee (MME).	107984

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

107985

(C) "Federal financial participation" means the federal	107986
government's share of expenditures made by an entity in	107987
implementing a medical assistance program.	107988

(D) "Medical assistance program" means all of the following:

107989

(1) The medicaid program;

107990

(2) The children's health insurance program;

107991

(3) The refugee medical assistance program;

107992

(4) Any other program that provides medical assistance and	107993
state statutes authorize the department of medicaid to administer.	107994

(E) "Medical assistance recipient" means a recipient of a	107995
medical assistance program. To the extent appropriate in the	107996
context, "medical assistance recipient" includes an individual	107997
applying for a medical assistance program, a former medical	107998
assistance recipient, or both.	107999

(F) "Medicaid managed care organization" has the same meaning	108000
as in section 5167.01 of the Revised Code.	108001

(G) "Refugee medical assistance program" means the program	108002
that the department of medicaid administers pursuant to section	108003
5160.50 of the Revised Code.	108004

Sec. 5160.011. References to the department or director of	108005
public welfare, department or director of human services,	108006
department or director of job and family services, office of	108007
medical assistance, or medical assistance director in any statute,	108008
rule, contract, grant, or other document is deemed to refer to the	108009
department of medicaid or medicaid director, as the case may be,	108010
to the extent the reference is about a duty or authority of the	108011
department of medicaid or medicaid director regarding a medical	108012
assistance program.	108013

Sec. 5160.02. The medicaid director shall adopt rules as	108014
necessary to implement this chapter.	108015

Sec. 5160.021. (A) When the medicaid director is authorized	108016
by a statute to adopt a rule, the director shall adopt the rule in	108017
accordance with the following:	108018

(1) Chapter 119. of the Revised Code if either of the	108019
following applies:	108020

(a) The statute authorizing the rule requires that the rule	108021
be adopted in accordance with Chapter 119. of the Revised Code.	108022

(b) Unless division (A)(2)(b) of this section applies, the	108023
statute authorizing the rule does not specify the procedure for	108024
the rule's adoption.	108025

(2) Section 111.15 of the Revised Code, excluding divisions	108026
(D) and (E) of that section, if either of the following applies:	108027

(a) The statute authorizing the rule requires that the rule	108028
be adopted in accordance with section 111.15 of the Revised Code	108029
and, by the terms of division (D) of that section, division (D) of	108030
that section does not apply to the rule.	108031

(b) The statute authorizing the rule does not specify the	108032
procedure for the rule's adoption and the rule concerns the	108033
day-to-day staff procedures and operations of the department of	108034
medicaid or financial and operational matters between the	108035
department and a person or government entity receiving a grant	108036
from the department.	108037

(3) Section 111.15 of the Revised Code, including divisions	108038
(D) and (E) of that section, if the statute authorizing the rule	108039
requires that the rule be adopted in accordance with that section	108040
and the rule is not exempt from the application of division (D) of	108041
that section.	108042

(B) Except as otherwise required by a statute, the adoption	108043
of a rule in accordance with Chapter 119. of the Revised Code does	108044
not make the department of medicaid subject to the notice,	108045
hearing, or other requirements of sections 119.06 to 119.13 of the	108046
Revised Code.	108047

Sec. 5160.03. The medicaid director is the executive head of	108048
the department of medicaid. All duties conferred on the department	108049
by law or order of the director are under the director's control	108050
and shall be performed in accordance with rules the director	108051
adopts.	108052

Sec. 5160.04. The medicaid director shall appoint one	108053
assistant director for the department of medicaid. The assistant	108054
director shall exercise powers, and perform duties, as ordered by	108055
the medicaid director. The assistant director shall act as the	108056
medicaid director in the medicaid director's absence or disability	108057
and when the position of medicaid director is vacant.	108058

Sec. 5160.05. The medicaid director may appoint such	108059
employees as are necessary for the efficient operation of the	108060
department of medicaid. The director may prescribe the title and	108061
duties of the employees.	108062

Sec. 5160.051. If the medicaid director determines that a	108063
position with the department of medicaid can best be filled in	108064
accordance with division (A)(2) of section 124.30 of the Revised	108065
Code or without regard to a residency requirement established by a	108066
rule adopted by the director of administrative services, the	108067
medicaid director shall provide the director of administrative	108068
services certification of the determination.	108069

Sec. 5160.052. The department of medicaid shall collaborate	108070
with the superintendent of the bureau of criminal identification	108071
and investigation to develop procedures and formats necessary to	108072
produce the notices described in division (C) of section 109.5721	108073
of the Revised Code in a format that is acceptable for use by the	108074
department. The medicaid director may adopt rules under section	108075
5160.02 of the Revised Code necessary for such collaboration. Any	108076
such rules shall be adopted in accordance with section 111.15 of	108077
the Revised Code as if they were internal management rules.	108078

The medicaid director may adopt rules under section 5160.02	108079
of the Revised Code necessary for utilizing the information	108080
received pursuant to section 109.5721 of the Revised Code. The	108081
rules shall be adopted in accordance with Chapter 119. of the	108082
Revised Code.	108083

Sec. 5160.06. The medicaid director may require any of the	108084
employees of the department of medicaid who may be charged with	108085
custody or control of any public money or property or who is	108086
required to give bond, to give a bond, properly conditioned, in a	108087
sum to be fixed by the director which when approved by the	108088
director, shall be filed in the office of the secretary of state.	108089
The cost of such bonds, when approved by the director, shall be	108090
paid from funds available for the department. The bonds required	108091
or authorized by this section may, in the discretion of the	108092
director, be individual, schedule, or blanket bonds.	108093

Sec. 5160.10. The medicaid director may expend funds	108094
appropriated or available to the department of medicaid from	108095
persons and government entities. For purposes of this section, the	108096
director may enter into contracts or agreements with persons and	108097
government entities and make grants to persons and government	108098
entities. To the extent permitted by federal law, the director may	108099
advance funds to a grantee when necessary for the grantee to	108100
perform duties under the grant as specified by the director.	108101

The director may adopt rules under section 5160.02 of the	108102
Revised Code as necessary to define terms and adopt procedures and	108103
other provisions necessary to implement this section.	108104

Sec. 5160.11. The state health care grants fund is hereby	108105
created in the state treasury. Money the department of medicaid	108106
receives from private foundations in support of pilot projects	108107
that promote exemplary programs that enhance programs the	108108
department administers shall be credited to the fund. The	108109
department may expend the money on such projects, may use the	108110
money, to the extent allowable, to match federal financial	108111
participation in support of such projects, and shall comply with	108112
requirements the foundations have stipulated in their agreements	108113
with the department as to the purposes for which the money may be	108114
expended.	108115

Sec. 5160.12. (A) As used in this section, "entity" includes	108116
an agency, board, commission, or department of the state or a	108117
political subdivision of the state; a private, nonprofit entity; a	108118
school district; a private school; or a public or private	108119
institution of higher education.	108120

(B) This section does not apply to contracts entered into	108121
under section 5162.32 or 5162.35 of the Revised Code.	108122

(C) At the request of any public entity having authority to	108123
implement a program administered by the department of medicaid or	108124
any private entity under contract with a public entity to	108125
implement a program administered by the department, the department	108126
may seek to obtain federal financial participation for costs	108127
incurred by the entity. Federal financial participation may be	108128
sought from programs operated pursuant to Title XIX of the "Social	108129
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	108130
regulation under which federal financial participation may be	108131
available, except that federal financial participation may be	108132
sought only for expenditures made with funds for which federal	108133
financial participation is available under federal law.	108134

(D) All funds collected by the department pursuant to	108135
division (C) of this section shall be distributed to the entities	108136
that incurred the costs.	108137

(E) In distributing federal financial participation pursuant	108138
to this section, the department may either enter into an agreement	108139
with the entity that is to receive the funds or distribute the	108140
funds in accordance with rules authorized by division (H) of this	108141
section. If the department decides to enter into an agreement to	108142
distribute the funds, the agreement may include terms that do any	108143
of the following:	108144

(1) Provide for the whole or partial reimbursement of any	108145
cost incurred by the entity in implementing the program;	108146

(2) In the event that federal financial participation is	108147
disallowed or otherwise unavailable for any expenditure, require	108148
the department or the entity, whichever party caused the	108149
disallowance or unavailability of federal financial participation,	108150
to assume responsibility for the expenditures;	108151

(3) Require the entity to certify to the department the	108152
availability of sufficient unencumbered funds to match the federal	108153
financial participation the entity receives under this section;	108154

(4) Establish the length of the agreement, which may be for a	108155
fixed or a continuing period of time;	108156

(5) Establish any other requirements determined by the	108157
department to be necessary for the efficient administration of the	108158
agreement.	108159

(F) An entity that receives federal financial participation	108160
pursuant to this section for a program aiding children and their	108161
families shall establish a process for collaborative planning with	108162
the department for the use of the funds to improve and expand the	108163
program.	108164

(G) Federal financial participation received pursuant to this	108165
section shall not be included in any calculation made under	108166
section 5101.16 or 5101.161 of the Revised Code.	108167

(H) The medicaid director may adopt rules under section	108168
5160.02 of the Revised Code as necessary to implement this	108169
section, including rules for the distribution of federal financial	108170
participation pursuant to this section. The rules shall be adopted	108171
in accordance with Chapter 119. of the Revised Code.	108172

Sec. 5160.13. The department of medicaid may enter into	108173
contracts with private entities to maximize federal revenue	108174
without the expenditure of state money. In selecting private	108175
entities with which to contract, the department shall engage in a	108176
request for proposals process. The department, subject to the	108177
approval of the controlling board, may also directly enter into	108178
contracts with public entities providing revenue maximization	108179
services.	108180

Sec. 5160.16. The department of medicaid may appoint and	108181
commission any competent person to serve as a special agent,	108182
investigator, or representative to perform a designated duty for	108183
and on behalf of the department. Specific credentials shall be	108184
given by the department to each person so designated, and each	108185
credential shall state the following:	108186

(A) The person's name;

108187

(B) The agency with which the person is connected;

108188

108189

(D) The date the appointment expires, if appropriate;

108190

(E) Such information as the department considers proper.

108191

Sec. 5160.20. (A) The department of medicaid may conduct any	108192
audits or investigations that are necessary in the performance of	108193
the department's duties, and to that end, the department has the	108194
same power as a judge of a county court to administer oaths and to	108195
enforce the attendance and testimony of witnesses and the	108196
production of books or papers.	108197

The department shall keep a record of the department's audits	108198
and investigations stating the time, place, charges, or subject;	108199
witnesses summoned and examined; and the department's conclusions.	108200

Witnesses shall be paid the fees and mileage provided for	108201
under section 119.094 of the Revised Code.	108202

(B) Any judge of any division of the court of common pleas,	108203
on application of the department, may compel the attendance of	108204
witnesses, the production of books or papers, and the giving of	108205
testimony before the department, by a judgment for contempt or	108206
otherwise, in the same manner as in cases before those courts.	108207

(C) Until an audit report is formally released by the	108208
department, the audit report or any working paper or other	108209
document or record prepared by the department and related to the	108210
audit that is the subject of the audit report is not a public	108211
record under section 149.43 of the Revised Code.	108212

(D) The medicaid director may adopt rules under section	108213
5160.02 of the Revised Code as necessary to implement this	108214
section. The rules shall be adopted in accordance with section	108215
111.15 of the Revised Code as if they were internal management	108216
rules.	108217

Sec. 5160.21. On the request of the medicaid director, the	108218
auditor of state may conduct an audit of any medical assistance	108219
recipient. If the auditor decides to conduct an audit under this	108220
section, the auditor shall enter into an interagency agreement	108221
with the department of medicaid that specifies that the auditor	108222
agrees to comply with section 5160.45 of the Revised Code with	108223
respect to any information the auditor receives pursuant to the	108224
audit.	108225

Sec. 5160.22. (A) The auditor of state and attorney general,	108226
or their designees, may examine any records, whether in computer	108227
or printed format, in the possession of the medicaid director or	108228
any county director of job and family services, regarding medical	108229
assistance programs. The auditor of state and attorney general	108230
shall do both of the following regarding the records:	108231

(1) Provide safeguards that restrict access to the records to	108232
purposes directly connected with an audit or investigation,	108233
prosecution, or criminal or civil proceeding conducted in	108234
connection with the administration of the programs;	108235

(2) Comply, and ensure that their designees comply, with	108236
section 5160.45 of the Revised Code and rules of the medicaid	108237
director restricting the disclosure of information regarding	108238
medical assistance recipients.	108239

(B) Any person who fails to comply with the restriction	108240
specified in division (A) of this section is disqualified from	108241
acting as an agent or employee or in any other capacity under	108242
appointment or employment of any state board, commission, or	108243
agency.	108244

Sec. 5160.23. The auditor of state is responsible for the	108245
costs the auditor incurs in carrying out the auditor's duties	108246
under sections 5160.21 and 5160.22 of the Revised Code.	108247

Sec. 5160.30. (A) Except as provided in divisions (B) and	108248
(C) of this section, the department of medicaid may accept	108249
applications, determine eligibility, redetermine eligibility, and	108250
perform related administrative activities for medical assistance	108251
programs.	108252

(B) The department may enter into agreements with one or more	108253
agencies of the federal government, the state, other states, and	108254
local governments of this or other states to accept applications,	108255
determine eligibility, redetermine eligibility, and perform	108256
related administrative activities on behalf of the department with	108257
respect to medical assistance programs.	108258

(C) If federal law requires a face-to-face interview to	108259
complete an eligibility determination for a medical assistance	108260
program, the department shall not conduct the face-to-face	108261
interview.	108262

(D) Subject to division (C) of this section, if the	108263
department elects to accept applications, determine eligibility,	108264
redetermine eligibility, and perform related administrative	108265
activities for a medical assistance program, both of the following	108266
apply:	108267

(1) An individual may apply for the medical assistance	108268
program to the department or an agency authorized by an agreement	108269
entered into under division (B) of this section to accept the	108270
individual's application;	108271

(2) The department is subject to federal statutes and	108272
regulations and state statutes and rules that require, permit, or	108273
prohibit an action regarding accepting applications, determining	108274
or redetermining eligibility, and performing related	108275
administrative activities for the medical assistance program.	108276

Sec. 5160.31. (A) A medical assistance recipient may appeal	108277
a decision regarding the recipient's eligibility for a medical	108278
assistance program or services available to the recipient under a	108279
medical assistance program.	108280

(B) Regarding appeals authorized by this section, the	108281
department of medicaid shall do one or more of the following:	108282

(1) Administer an appeals process similar to the appeals	108283
process established under section 5101.35 of the Revised Code;	108284

(2) Contract with the department of job and family services	108285
pursuant to section 5162.35 of the Revised Code to provide for the	108286
department of job and family services to hear the appeals in	108287
accordance with section 5101.35 of the Revised Code;	108288

(3) Delegate authority to hear appeals to an exchange or	108289
exchange appeals entity.	108290

(C) If a medical assistance recipient files an appeal as	108291
authorized by this section, the department of medicaid may do	108292
either or both of the following:	108293

(1) Take corrective action regarding the matter being	108294
appealed before a hearing decision regarding the matter is issued;	108295

(2) If a hearing decision, administrative appeal decision, or	108296
court ruling is against the recipient, take action in favor of the	108297
recipient despite the contrary decision or ruling, unless, in the	108298
case of a court's ruling, the ruling prohibits the department from	108299
taking the action.	108300

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	108301
to ~~5101.591~~5160.43 of the Revised Code:	108302

(A) "Information" means all of the following:

108303

(1) An individual's name, address, date of birth, and social	108304
security number;	108305

(2) The group or plan number, or other identifier, assigned	108306
by a third party to a policy held by an individual or a plan in	108307
which the individual participates and the nature of the coverage;	108308

(3) Any other data the medicaid director ~~of job and family~~	108309
~~services~~ specifies in rules ~~adopted under~~authorized by section	108310
~~5101.591~~5160.43 of the Revised Code.	108311

(B) ~~"Medical assistance" means medical items or services~~	108312
~~provided under any of the following:~~	108313

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	108314
~~Code;~~	108315

~~(2) The children's health insurance program part I, part II,~~	108316
~~and part III established under sections 5101.50, 5101.51, and~~	108317
~~5101.52 of the Revised Code.~~	108318

~~(C)~~ "Medical support" means support specified as support for	108319
the purpose of medical care by order of a court or administrative	108320
agency.	108321

~~(D) "Public assistance" means medical assistance or~~	108322
~~assistance under the Ohio works first program established under~~	108323
~~Chapter 5107. of the Revised Code.~~	108324

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	108325
except as provided in division ~~(E)~~(C)(3) of this section, "third	108326
party" means all of the following:	108327

(a) A person authorized to engage in the business of sickness	108328
and accident insurance under Title XXXIX of the Revised Code;	108329

(b) A person or governmental entity providing coverage for	108330
medical services or items to individuals on a self-insurance	108331
basis;	108332

(c) A health insuring corporation as defined in section	108333
1751.01 of the Revised Code;	108334

(d) A group health plan as defined in 29 U.S.C. 1167;

108335

(e) A service benefit plan as referenced in 42 U.S.C.	108336
1396a(a)(25);	108337

(f) A managed care organization;

108338

(g) A pharmacy benefit manager;

108339

(h) A third party administrator;

108340

(i) Any other person or governmental entity that is, by law,	108341
contract, or agreement, responsible for the payment or processing	108342
of a claim for a medical item or service for a ~~public~~medical	108343
assistance recipient ~~or participant~~.	108344

(2) Except when otherwise provided by the "Social Security	108345
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	108346
governmental entity listed in division ~~(E)~~(C)(1) of this section	108347
is a third party even if the person or governmental entity limits	108348
or excludes payments for a medical item or service in the case of	108349
a public assistance recipient.	108350

(3) "Third party" does not include the program for medically	108351
handicapped children established under section 3701.023 of the	108352
Revised Code.	108353

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	108354
assistance recipient's enrollment in a medical assistance program	108355
gives an automatic right of recovery to the department of ~~job and~~	108356
~~family services~~medicaid and a county department of job and family	108357
services against the liability of a third party for the cost of	108358
medical assistance paid on behalf of the ~~public assistance~~	108359
recipient ~~or participant~~. When an action or claim is brought	108360
against a third party by a ~~public~~medical assistance recipient or	108361
~~participant~~, any payment, settlement or compromise of the action	108362
or claim, or any court award or judgment, is subject to the	108363
recovery right of the department of ~~job and family services~~	108364
medicaid or county department ~~of job and family services~~. Except	108365
in the case of a medical assistance recipient ~~or participant~~ who	108366
receives medical assistance through a medicaid managed care	108367
organization, the department's or county department's claim shall	108368
not exceed the amount of medical assistance paid by athe	108369
department or county department on behalf of the recipient or	108370
~~participant~~. A payment, settlement, compromise, judgment, or award	108371
that excludes the cost of medical assistance paid for by athe	108372
department or county department shall not preclude a department	108373
from enforcing its rights under this section.	108374

(B) In the case of a medical assistance recipient or	108375
~~participant~~ who receives medical assistance through a medicaid	108376
managed care organization, the amount of the department's or	108377
county department's claim shall be the amount the medicaid managed	108378
care organization pays for medical assistance rendered to the	108379
recipient ~~or participant~~, even if that amount is more than the	108380
amount athe department or county department pays to the medicaid	108381
managed care organization for the recipient's ~~or participant's~~	108382
medical assistance.	108383

(C) A medical assistance recipient ~~or participant~~, and the	108384
recipient's ~~or participant's~~ attorney, if any, shall cooperate	108385
with the departments. In furtherance of this requirement, the	108386
medical assistance recipient ~~or participant~~, or the recipient's or	108387
~~participant's~~ attorney, if any, shall, not later than thirty days	108388
after initiating informal recovery activity or filing a legal	108389
recovery action against a third party, provide written notice of	108390
the activity or action to the department of ~~job and family~~	108391
~~services when~~medicaid or county department if it has paid for	108392
medical assistance under ~~medicaid has been paid~~a medical	108393
assistance program.	108394

(D) The written notice that must be given under division (C)	108395
of this section shall disclose the identity and address of any	108396
third party against whom the medical assistance recipient or	108397
~~participant~~ has or may have a right of recovery.	108398

(E) No settlement, compromise, judgment, or award or any	108399
recovery in any action or claim by a medical assistance recipient	108400
~~or participant~~ where the ~~departments have~~department or county	108401
department has a right of recovery shall be made final without	108402
first giving the ~~appropriate departments~~department or county	108403
department written notice as described in division (C) of this	108404
section and a reasonable opportunity to perfect ~~their~~its rights	108405
of recovery. If the ~~departments are~~department or county	108406
department is not given the appropriate written notice, the	108407
medical assistance recipient ~~or participant~~ and, if there is one,	108408
the recipient's ~~or participant's~~ attorney, are liable to reimburse	108409
the ~~departments~~department or county department for the recovery	108410
received to the extent of medical assistance payments made by the	108411
~~departments~~department or county department.	108412

(F) The ~~departments~~department or county department shall be	108413
permitted to enforce ~~their~~its recovery rights against the third	108414
party even though ~~they~~it accepted prior payments in discharge of	108415
~~their~~its rights under this section if, at the time the	108416
~~departments~~department or county department received such	108417
payments, ~~they were~~it was not aware that additional medical	108418
expenses had been incurred but had not yet been paid by the	108419
~~departments~~department or county department. The third party	108420
becomes liable to the department ~~of job and family services~~ or	108421
county department ~~of job and family services~~ as soon as the third	108422
party is notified in writing of the valid claims for recovery	108423
under this section.	108424

(G)(1) Subject to division (G)(2) of this section, the right	108425
of recovery of athe department or county department does not	108426
apply to that portion of any judgment, award, settlement, or	108427
compromise of a claim, to the extent of attorneys' fees, costs, or	108428
other expenses incurred by a medical assistance recipient or	108429
~~participant~~ in securing the judgment, award, settlement, or	108430
compromise, or to the extent of medical, surgical, and hospital	108431
expenses paid by such recipient ~~or participant~~ from the	108432
recipient's ~~or participant's~~ own resources.	108433

(2) Reasonable attorneys' fees, not to exceed one-third of	108434
the total judgment, award, settlement, or compromise, plus costs	108435
and other expenses incurred by the medical assistance recipient or	108436
~~participant~~ in securing the judgment, award, settlement, or	108437
compromise, shall first be deducted from the total judgment,	108438
award, settlement, or compromise. After fees, costs, and other	108439
expenses are deducted from the total judgment, award, settlement,	108440
or compromise, the department of ~~job and family services~~medicaid	108441
or ~~appropriate~~ county department ~~of job and family services~~ shall	108442
receive no less than one-half of the remaining amount, or the	108443
actual amount of medical assistance paid, whichever is less.	108444

(H) A right of recovery created by this section may be	108445
enforced separately or jointly by the department of ~~job and family~~	108446
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	108447
~~family services~~. To enforce ~~their~~its recovery rights, the	108448
~~departments~~department or county department may do any of the	108449
following:	108450

(1) Intervene or join in any action or proceeding brought by	108451
the medical assistance recipient ~~or participant~~ or on the	108452
recipient's ~~or participant's~~ behalf against any third party who	108453
may be liable for the cost of medical assistance paid;	108454

(2) Institute and pursue legal proceedings against any third	108455
party who may be liable for the cost of medical assistance paid;	108456

(3) Initiate legal proceedings in conjunction with any	108457
injured, diseased, or disabled medical assistance recipient or	108458
~~participant~~ or the recipient's ~~or participant's~~ attorney or	108459
representative.	108460

(I) A medical assistance recipient ~~or participant~~ shall not	108461
assess attorney fees, costs, or other expenses against the	108462
department of ~~job and family services~~medicaid or a county	108463
department ~~of job and family services~~ when the department or	108464
county department enforces its right of recovery created by this	108465
section.	108466

(J) The right of recovery given to the department under this	108467
section ~~does not include rights to support from any other person~~	108468
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	108469
~~Revised Code, but~~ includes payments made by a third party under	108470
contract with a person having a duty to support.	108471

(K) The department of medicaid may assign to a medical	108472
assistance provider the right of recovery given to the department	108473
under this section with respect to any claim for which the	108474
department has notified the provider that the department intends	108475
to recoup the department's prior payment for the claim.	108476

Sec. 5160.371. In addition to the requirement of division	108477
(C) of section 5160.37 of the Revised Code to cooperate with the	108478
department of medicaid and county department of job and family	108479
services, a medical assistance recipient and the recipient's	108480
attorney, if any, shall cooperate with each medical provider of	108481
the recipient. Cooperation with a medical provider shall consist	108482
of disclosing to the provider all information the recipient and	108483
attorney, if any, possess that would assist the provider in	108484
determining each third party that is responsible for the payment	108485
or processing of a claim for medical assistance provided to the	108486
recipient. If disclosure is not made in accordance with this	108487
section, the recipient and the recipient's attorney, if any, are	108488
liable to reimburse the department or county department for the	108489
amount that would have been paid by a third party had the third	108490
party been disclosed to the provider by the recipient or the	108491
recipient's attorney.	108492

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	108493
ofenrollment in, ~~public~~a medical assistance program constitutes	108494
an automatic assignment of ~~certain~~ rights specified in division	108495
(B) of this section to the department of ~~job and family services~~	108496
medicaid. This assignment includes the rights of the ~~applicant,~~	108497
medical assistance recipient~~, or participant~~ and also the rights	108498
of any other member of the assistance group for whom the	108499
~~applicant,~~ recipient~~, or participant~~ can legally make an	108500
assignment.	108501

(B) Pursuant to this section, ~~the applicant,~~a medical	108502
assistance recipient~~, or participant~~ assigns to the department any	108503
rights to medical support available to the ~~applicant,~~ recipient,	108504
~~or participant~~ or ~~for~~ other members of the recipient's assistance	108505
group under an order of a court or administrative agency, and any	108506
rights to payments by a liable third party for the cost of medical	108507
assistance paid on behalf of ~~a public assistance~~the recipient or	108508
~~participant~~or other members of the assistance group. The	108509
recipient ~~or participant~~ shall cooperate with the department in	108510
obtaining such payments.	108511

Medicare benefits shall not be assigned pursuant to this	108512
section. Benefits assigned to the department by operation of this	108513
section are directly reimbursable to the department by liable	108514
third parties.	108515

(C) Refusal by ~~the applicant,~~a medical assistance recipient,	108516
~~or participant~~ to cooperate in obtaining medical assistance paid	108517
for self or any other member of the recipient's assistance group	108518
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	108519
~~public~~a medical assistance program, unless cooperation is waived	108520
by the department. Eligibility shall continue for any individual	108521
who cannot legally assign the individual's own rights and who	108522
would have been eligible for ~~public~~a medical assistance program	108523
but for the refusal to assign the individual's rights or to	108524
cooperate as required by this section by another person legally	108525
able to assign the individual's rights.	108526

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	108527
~~participant~~ or any member of the recipient's assistance group	108528
becomes ineligible for ~~public~~a medical assistance program, the	108529
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	108530
or ~~member of the~~ assistance group member any future rights to	108531
benefits assigned under this section.	108532

~~(E) The rights of assignment given to the department under~~	108533
~~this section do not include rights to support assigned under~~	108534
~~section 5107.20 or 5115.07 of the Revised Code.~~	108535

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	108536
with the department of ~~job and family services~~medicaid in	108537
identifying individuals for the purpose of establishing third	108538
party liability ~~pursuant to Title XIX of the Social Security Act,~~	108539
~~as amended~~regarding medical assistance programs.	108540

(B) In furtherance of the requirement in division (A) of this	108541
section and to allow the department to determine any period that	108542
the individual or the individual's spouse or dependent may have	108543
been covered by the third party and the nature of the coverage, a	108544
third party shall provide, as the department so chooses,	108545
information or access to information, or both, in the third	108546
party's electronic data system on the department's request and in	108547
accordance with division (C) of this section.	108548

(C)(1) If the department chooses to receive information	108549
directly, the third party shall provide the information under all	108550
of the following circumstances:	108551

(a) In a medium, format, and manner prescribed ~~by the~~	108552
~~director of job and family services~~ in rules ~~adopted under~~	108553
authorized by section ~~5101.591~~5160.43 of the Revised Code;	108554

(b) Free of charge;

108555

(c) Not later than the end of the thirtieth day after the	108556
department makes its request, unless a different time is agreed to	108557
by the director in writing.	108558

(2) If the department chooses to receive access to	108559
information, the third party shall provide access by a method	108560
prescribed ~~by the director of job and family services~~ in rules	108561
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	108562
Revised Code. In facilitating access, the department may enter	108563
into a trading partner agreement with the third party to permit	108564
the exchange of information via "ASC X 12N 270/271 Health Care	108565
Eligibility Benefit Inquiry and Response" transactions.	108566

(D) All of the following apply with respect to information	108567
provided by a third party to the department under this section:	108568

(1) The information is confidential and not a public record	108569
under section 149.43 of the Revised Code.	108570

(2) The release of information to the department is not to be	108571
considered a violation of any right of confidentiality or contract	108572
that the third party may have with covered persons including, but	108573
not limited to, contractees, beneficiaries, heirs, assignees, and	108574
subscribers.	108575

(3) The third party is immune from any liability that it may	108576
otherwise incur through its release of information to the	108577
department.	108578

The department ~~of job and family services~~ shall limit its use	108579
of information gained from third parties to purposes directly	108580
connected with the administration of the medicaid program and the	108581
child support program authorized by Title IV-D of the "Social	108582
Security Act.," 42 U.S.C. 651 et seq.	108583

(E) No third party shall disclose to other parties or make	108584
use of any information regarding medical assistance recipients of	108585
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	108586
obtains from the department, except in the manner provided ~~for by~~	108587
~~the director of job and family services~~ in ~~administrative~~ rules	108588
authorized by section 5160.43 of the Revised Code.	108589

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	108590
of this section, a third party shall do all of the following:	108591

(1) Accept the department of ~~job and family services'~~	108592
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	108593
Revised Code and the assignment of rights to the department that	108594
are described in section ~~5101.59~~5160.38 of the Revised Code;	108595

(2) Respond to an inquiry by the department regarding a claim	108596
for payment of a medical item or service that was submitted to the	108597
third party not later than six years after the date of the	108598
provision of such medical item or service;	108599

(3) Not charge a fee to do either of the following for a	108600
claim described in division (A)(2) of this section:	108601

(a) Determine whether the claim should be paid;

108602

(b) Process the claim.

108603

(4) Pay a claim described in division (A)(2) of this section;

108604

(5) Not deny a claim submitted by the department solely on	108605
the basis of the date of submission of the claim, type or format	108606
of the claim form, or a failure by the medical assistance	108607
recipient who is the subject of the claim to present proper	108608
documentation of coverage at the time of service, if both of the	108609
following ~~are true~~have occurred:	108610

(a) The claim was submitted by the department not later than	108611
six years after the date of the provision of the medical item or	108612
service.	108613

(b) An action by the department to enforce its right of	108614
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	108615
claim was commenced not later than six years after the	108616
department's submission of the claim.	108617

(6) Consider the department's payment of a claim for a	108618
medical item or service to be the equivalent of the medical	108619
assistance recipient having obtained prior authorization for the	108620
item or service from the third party;	108621

(7) Not deny a claim described in division (A)(6) of this	108622
section that is submitted by the department solely on the basis of	108623
the medical assistance recipient's failure to obtain prior	108624
authorization for the medical item or service.	108625

(B) For purposes of the requirements in division (A) of this	108626
section, a third party shall treat a medicaid managed care	108627
organization as the department for a claim ~~in which both of the~~	108628
~~following are true:~~	108629

~~(1) The~~if the individual who is the subject of the claim	108630
received a medical item or service through a medicaid managed care	108631
organization ~~that has entered into a contract with the department~~	108632
~~of job and family services under section 5111.17 of the Revised~~	108633
~~Code;~~	108634

~~(2) The~~and the department has assigned its right of recovery	108635
for the claim to the medicaid managed care organization.	108636

(C) If the department of medicaid, as permitted by division	108637
(K) of section 5160.37 of the Revised Code, assigns to a medical	108638
assistance provider the department's right of recovery for a claim	108639
for which it has notified the provider that it intends to recoup	108640
its prior payment for a claim, a third party shall treat the	108641
provider as the department and shall pay the provider the greater	108642
of the following:	108643

(1) The amount the department intends to recoup from the	108644
provider for the claim.	108645

(2) If the third party and the provider have an agreement	108646
that requires the third party to pay the provider at the time the	108647
provider presents the claim to the third party, the amount that is	108648
to be paid under that agreement.	108649

(D) The time limitations associated with the requirements in	108650
divisions (A)(2) and (5) of this section apply only to submissions	108651
of claims to, and payments of claims by, a health insurer to which	108652
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	108653
1396a(a)(25)(I), applies.	108654

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	108655
an individual is eligible for or ~~receives~~enrolled in a medical	108656
assistance program when either of the following applies:	108657

(A) The individual seeks to obtain a policy or enroll in a	108658
plan or program operated or administered by the third party;	108659

(B) The individual, or a person or governmental entity on the	108660
individual's behalf, seeks payment for a medical item or service	108661
provided to the individual.	108662

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	108663
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	108664
Revised Code, a governmental entity that is responsible for	108665
issuing a license, certificate of authority, registration, or	108666
approval that authorizes the third party to do business in this	108667
state may impose a fine against the third party or deny, revoke,	108668
or terminate the third party's license, certificate, registration,	108669
or approval to do business in this state. The governmental entity	108670
shall determine which sanction is to be imposed. All actions to	108671
impose the sanction shall be taken in accordance with Chapter 119.	108672
of the Revised Code.	108673

(B) In addition to the sanctions that may be imposed under	108674
division (A) of this section for a violation of section ~~5101.572~~	108675
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	108676
Code, the attorney general may petition a court of common pleas to	108677
enjoin the violation.	108678

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	108679
~~of this section, the~~The medicaid director ~~of job and family~~	108680
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	108681
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	108682
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	108683
that specify what constitutes cooperating with efforts to obtain	108684
support or payments, or medical assistance payments, and when	108685
cooperation may be waived.	108686

(B) The department shall adopt rules ~~in accordance with~~	108687
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	108688
of the following:	108689

(1) For purposes of the definition of "information" in	108690
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	108691
data other than the data specified in that division that should be	108692
included in the definition.	108693

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	108694
5160.39 of the Revised Code, the medium, format, and manner in	108695
which a third party must provide information to the department.	108696

(3) For purposes of division (C)(2) of section ~~5101.572~~	108697
5160.39 of the Revised Code, the method by which a third party	108698
must provide the department with access to information.	108699

(C) Rules authorized by division (A) of this section may be	108700
adopted in accordance with section 111.15 of the Revised Code.	108701
Rules authorized by division (B) of this section shall be adopted	108702
in accordance with Chapter 119. of the Revised Code.	108703

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	108704
5160.481 of the Revised Code, "information" means all of the	108705
following:	108706

(1) Records, as defined in section 149.011 of the Revised	108707
Code;	108708

(2) Any other documents in any format;

108709

(3) Data derived from records and documents that are	108710
generated, acquired, or maintained by the department of medicaid,	108711
a county department of job and family services, or an entity	108712
performing duties on behalf of the department or a county	108713
department.	108714

(B) Except as permitted by this section, section ~~5101.273~~	108715
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	108716
5160.48 or 5160.481 of the Revised Code, or when required by	108717
federal law, no person or government entity shall use or disclose	108718
information regarding a medical assistance recipient for any	108719
purpose not directly connected with the administration of ~~the~~a	108720
medical assistance program.	108721

~~(B)~~(C) Both of the following shall be considered to be	108722
purposes directly connected with the administration of ~~the~~a	108723
medical assistance program:	108724

(1) Treatment, payment, or other operations or activities	108725
authorized by 42 C.F.R. Chapter IV;	108726

(2) Any administrative function or duty the department of ~~job~~	108727
~~and family services~~medicaid performs alone or jointly with a	108728
federal government entity, another state government entity, or a	108729
local government entity implementing a provision of federal law.	108730

~~(C)~~(D) The department or a county ~~agency~~department of job	108731
and family services may disclose information regarding a medical	108732
assistance recipient to any of the following:	108733

(1) The recipient or the recipient's authorized	108734
representative;	108735

(2) The recipient's legal guardian in accordance with	108736
division (C) of section 2111.13 of the Revised Code;	108737

(3) The attorney of the recipient, if the department or	108738
county ~~agency~~department has obtained authorization from the	108739
recipient,or the recipient's authorized representative, or ~~the~~	108740
~~recipient's~~ legal guardian that meets all requirements of the	108741
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	108742
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	108743
regulations promulgated by the United States department of health	108744
and human services to implement the act, section ~~5101.272~~5160.46	108745
of the Revised Code, and any rules ~~the director of job and family~~	108746
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	108747
Revised Code;	108748

(4) A health information or health records management entity	108749
that has executed with the department a business associate	108750
agreement required by 45 C.F.R 164.502(e)(2) and has been	108751
authorized by the recipient,or the recipient's authorized	108752
representative, or ~~the recipient's~~ legal guardian to receive the	108753
recipient's electronic health records in accordance with rules ~~the~~	108754
~~director of job and family services adopts under~~authorized by	108755
section ~~5101.30~~5160.48 of the Revised Code;	108756

(5) A court if pursuant to a written order of the court.

108757

~~(D)~~(E) The department may receive from county departments of	108758
job and family services information regarding any medical	108759
assistance recipient for purposes of training and verifying the	108760
accuracy of eligibility determinations for a medical assistance	108761
program. The department may assemble information received under	108762
this division into a report if the report is in a form specified	108763
by the department. Information received and assembled into a	108764
report under this division shall remain confidential and not be	108765
subject to disclosure pursuant to section 149.43 or 1347.08 of the	108766
Revised Code.	108767

~~(E)~~(F) The department shall notify courts in this state	108768
regarding its authority, under division ~~(C)~~(D)(5) of this section,	108769
to disclose information regarding a medical assistance recipient	108770
pursuant to a written court order.	108771

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	108772
Revised Code, an authorization shall be made on a form that uses	108773
language understandable to the average person and contains all of	108774
the following:	108775

(1) A description of the information to be used or disclosed	108776
that identifies the information in a specific and meaningful	108777
fashion;	108778

(2) The name or other specific identification of the person	108779
or class of persons authorized to make the requested use or	108780
disclosure;	108781

(3) The name or other specific identification of the person	108782
or government entity to which the information may be released;	108783

(4) A description of each purpose of the requested use or	108784
disclosure of the information;	108785

(5) The date on which the authorization expires or an event	108786
related either to the individual who is the subject of the request	108787
or to the purposes of the requested use or disclosure, the	108788
occurrence of which will cause the authorization to expire;	108789

(6) A statement that the information used or disclosed	108790
pursuant to the authorization may be disclosed by the recipient of	108791
the information and may no longer be protected from disclosure;	108792

(7) The signature of the individual or the individual's	108793
authorized representative and the date on which the authorization	108794
was signed;	108795

(8) If signed by an authorized representative, a description	108796
of the representative's authority to act for the individual;	108797

(9) A statement of the individual or authorized	108798
representative's right to prospectively revoke the written	108799
authorization in writing, along with either of the following:	108800

(a) A description of how the individual or authorized	108801
representative may revoke the authorization;	108802

(b) If the department of medicaid has established a privacy	108803
notice that contains a description of how the individual or	108804
authorized representative may revoke the authorization, a	108805
reference to the privacy notice.	108806

(10) A statement that treatment, payment, enrollment, or	108807
eligibility for a medical assistance program cannot be conditioned	108808
on signing the authorization unless the authorization is necessary	108809
for determining eligibility for the program.	108810

(B) An authorization for the release of information regarding	108811
a medical assistance recipient to the recipient's attorney under	108812
division (D)(3) of section 5160.45 of the Revised Code may include	108813
a provision specifically authorizing the release of the	108814
recipient's electronic health records, if any, in accordance with	108815
rules authorized by section 5160.48 or 5160.481 of the Revised	108816
Code.	108817

(C) When an individual requests information pursuant to	108818
section 5160.45 of the Revised Code regarding the individual's	108819
enrollment in a medical assistance program and does not wish to	108820
provide a statement of purpose, the statement "at request of the	108821
individual" is a sufficient description for purposes of division	108822
(A)(4) of this section.	108823

Sec. 5160.47. The department of medicaid shall enter into	108824
any necessary agreements with the United States department of	108825
health and human services and neighboring states to join and	108826
participate as an active member in the public assistance reporting	108827
information system. The department may disclose information	108828
regarding a medical assistance recipient to the extent necessary	108829
to participate as an active member in the system.	108830

Sec. 5160.48. (A) The medicaid director shall adopt rules	108831
under section 5160.02 of the Revised Code implementing sections	108832
5160.45 to 5160.481 of the Revised Code and governing the custody,	108833
use, disclosure, and preservation of the information generated or	108834
received by the department of medicaid, county departments of job	108835
and family services, other state and county entities, contractors,	108836
grantees, private entities, or officials participating in the	108837
administration of medical assistance programs. The rules shall be	108838
adopted in accordance with Chapter 119. of the Revised Code. The	108839
rules may define who is an "authorized representative" for	108840
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	108841
rules shall specify conditions and procedures for the release of	108842
information, which may include both of the following:	108843

(1) Permitting a provider of a service under a medical	108844
assistance program limited access to information that is essential	108845
for the provider to render the service or to bill for the service	108846
rendered;	108847

(2) Permitting a contractor, grantee, or other state or	108848
county entity limited access to information that is essential for	108849
the contractor, grantee, or entity to perform administrative or	108850
other duties on behalf of the department or a county department.	108851

(B) The department of aging, when investigating a complaint	108852
under section 173.20 of the Revised Code, shall be granted any	108853
limited access permitted in the rules authorized by division	108854
(A)(1) of this section.	108855

A contractor, grantee, or entity given access to information	108856
pursuant to the rules authorized by division (A)(2) of this	108857
section is bound by the director's rules. Disclosure of the	108858
information by the contractor, grantee, or entity in a manner not	108859
authorized by the rules is a violation of section 5160.45 of the	108860
Revised Code.	108861

Sec. 5160.481. Whenever names, addresses, or other	108862
information relating to medical assistance recipients is held by	108863
any agency other than the department of medicaid or a county	108864
department of job and family services, that other agency shall	108865
adopt rules consistent with sections 5160.45 to 5160.481 of the	108866
Revised Code to prevent the publication or disclosure of names,	108867
lists, or other information concerning those recipients.	108868

Sec. 5160.50. The department of medicaid shall administer	108869
the refugee medical assistance program authorized by the	108870
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	108871
1522(e).	108872

Sec. 5160.52. The medicaid director may provide for the	108873
department of medicaid to develop, participate in the development	108874
of, negotiate, and enter into one or more interstate compacts on	108875
behalf of this state with agencies of any other states, for the	108876
provision of medical assistance to children in relation to whom	108877
all of the following apply:	108878

(A) They have special needs.

108879

(B) This state or another state that is a party to the	108880
interstate compact is providing adoption assistance on their	108881
behalf.	108882

(C) They move into this state from another state or move out	108883
of this state to another state.	108884

Sec. 5160.99. Whoever violates division (B) of section	108885
5160.45 of the Revised Code is guilty of a misdemeanor of the	108886
first degree.	108887

Sec. 5161.01. (A) As used in the Revised Code, "children's	108888
health insurance program" and, when used as an acronym for the	108889
children's health insurance program, "CHIP" mean the program of	108890
child health assistance authorized by Title XXI of the "Social	108891
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	108892
and CHIP part III, as authorized by this chapter, are components	108893
of CHIP. Any reference in statute enacted by the general assembly	108894
to medicaid or the medicaid program also means CHIP to the extent,	108895
if any, that CHIP is provided under the medicaid program.	108896

(B) As used in this chapter, "federal poverty line" means the	108897
official poverty line defined by the United States office of	108898
management and budget based on the most recent data available from	108899
the United States bureau of the census and revised by the United	108900
States secretary of health and human services pursuant to the	108901
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	108902
U.S.C. 9902(2).	108903

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director ~~of job and~~	108904
~~family services~~ may adopt rules in accordance with Chapter 119. of	108905
the Revised Code as necessary for the efficient administration of	108906
the children's health insurance program ~~part I~~, including rules	108907
that establish all of the following:	108908

(A) The conditions under which ~~health assistance services~~	108909
the program will ~~be reimbursed~~pay for health benefits coverage;	108910

(B) The method of ~~reimbursement applicable to services~~	108911
~~reimbursable under~~ the ~~program~~payment;	108912

(C) The amount of ~~reimbursement~~payment, or the method by	108913
which the amount is to be determined, for each ~~reimbursable~~	108914
service included in the health benefits coverage.	108915

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	108916
~~5101.529 of the Revised Code:~~	108917

~~(1) "Children's health insurance program" means the program~~	108918
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	108919
~~552 (1997), 42 U.S.C.A. 1397aa.~~	108920

~~(2) "Federal poverty guidelines" has the same meaning as in~~	108921
~~section 5101.46 of the Revised Code.~~	108922

~~(B)~~ The medicaid director ~~of job and family services~~ may	108923
continue to operate the component of the children's health	108924
insurance program initially authorized by an executive order	108925
issued under section 107.17 of the Revised Code as long as federal	108926
financial participation is available for the program. If operated,	108927
the ~~program~~component shall ~~provide health assistance to~~pay for	108928
part or all of the cost of health benefits coverage for uninsured	108929
individuals under nineteen years of age with family incomes not	108930
exceeding one hundred fifty per cent of the federal poverty	108931
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	108932
~~director may provide for the health assistance to meet the~~	108933
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	108934
~~medicaid program established under Chapter 5111. of the Revised~~	108935
~~Code, or to be a combination of both.~~	108936

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	108937
component of the children's health insurance program authorized by	108938
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	108939
~~children's health insurance program~~CHIP part I.	108940

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	108941
governing the children's health insurance program, the medicaid	108942
director ~~of job and family services~~ may submit a state child	108943
health plan to the United States secretary of health and human	108944
services to ~~provide~~pay, except as provided in section ~~5101.516~~	108945
5161.22 of the Revised Code, ~~health assistance to~~for part or all	108946
of the cost of health benefits coverage for uninsured individuals	108947
under nineteen years of age with family incomes above one hundred	108948
fifty per cent of the federal poverty ~~guidelines~~line but not	108949
exceeding two hundred per cent of the federal poverty ~~guidelines~~	108950
line. If the director submits the plan, the director shall ~~include~~	108951
~~both of the following~~stipulate in the plan:	108952

~~(A) The health assistance will not begin before January 1,~~	108953
~~2000.~~	108954

~~(B) The health assistance~~that the payments will be available	108955
only while federal financial participation is available for it	108956
them.	108957

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	108958
component of the children's health insurance program authorized by	108959
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	108960
~~children's health insurance program~~CHIP part II.	108961

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	108962
~~family services~~ submits a state child health plan to the United	108963
States secretary of health and human services under section	108964
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	108965
plan, the director shall implement ~~the children's health insurance~~	108966
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	108967
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	108968
~~necessary for the efficient administration of the program,~~	108969
~~including rules that establish all of the following:~~	108970

~~(A) The conditions under which health assistance services~~	108971
~~will be reimbursed;~~	108972

~~(B) The method of reimbursement applicable to services~~	108973
~~reimbursable under the program~~;	108974

~~(C) The amount of reimbursement, or the method by which the~~	108975
~~amount is to be determined, for each reimbursable service~~.	108976

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	108977
governing the children's health insurance program, the medicaid	108978
director ~~of job and family services~~ may submit a request for a	108979
federal waiver to the United States secretary of health and human	108980
services to ~~provide~~pay, except as provided in section ~~5101.526~~	108981
5161.22 of the Revised Code, ~~health assistance to~~for part or all	108982
of the cost of health benefits coverage for individuals under	108983
nineteen years of age with family incomes above two hundred per	108984
cent of the federal poverty ~~guidelines~~line but not exceeding	108985
three hundred per cent of the federal poverty ~~guidelines~~line. If	108986
the director submits the ~~plan~~waiver request, the director shall	108987
stipulate in the ~~plan~~request that the ~~health assistance~~payments	108988
will be available only while federal financial participation is	108989
available for ~~it and that health assistance shall not begin before~~	108990
~~January 1, 2008~~them.	108991

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	108992
component of the children's health insurance program authorized by	108993
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	108994
~~children's health insurance program~~CHIP part III.	108995

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	108996
~~family services~~ submits a waiver request to the United States	108997
secretary of health and human services under section ~~5101.52~~	108998
5161.15 of the Revised Code and the secretary grants the waiver,	108999
the director shall implement ~~the children's health insurance~~	109000
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	109001
~~may adopt rules in accordance with Chapter 119. of the Revised~~	109002
~~Code as necessary for the efficient administration of the program,~~	109003
~~including rules that establish all of the following:~~	109004

~~(A) The conditions under which health assistance services~~	109005
~~will be reimbursed;~~	109006

~~(B) The method of reimbursement applicable to services~~	109007
~~reimbursable under the program;~~	109008

~~(C) The amount of reimbursement, or the method by which the~~	109009
~~amount is to be determined, for each reimbursable service.~~	109010

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	109011
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	109012
~~and family services shall provide for health assistance under~~ the	109013
children's health insurance program ~~part III to meet~~shall	109014
provide payments for obtaining health benefits coverage through	109015
any of the following:	109016

(A) Obtaining coverage that meets the requirements the	109017
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	109018
~~provided~~;	109019

(B) Providing benefits under the medicaid program ~~established~~	109020
~~under Chapter 5111. of the Revised Code, or to be a~~;	109021

(C) A combination of ~~both~~divisions (A) and (B) of this	109022
section.	109023

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	109024
~~family services~~ determines that federal financial participation	109025
for ~~the children's health insurance program~~CHIP part II, part	109026
III, or both parts is insufficient to ~~provide health assistance~~	109027
topay for part or all of the costs of health benefits coverage	109028
for all the individuals the director anticipates are eligible for	109029
the ~~program~~part or parts, the director may refuse to accept new	109030
applications for the ~~program~~part or parts or may make the	109031
~~program's~~ eligibility requirements more restrictive for the part	109032
or parts.	109033

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	109034
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	109035
medicaid director ~~of job and family services~~ may require an	109036
individual ~~receiving health assistance under the children's health~~	109037
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	109038
part II to pay a premium, deductible, coinsurance payment, or	109039
other cost-sharing expense.	109040

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	109041
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	109042
director ~~of job and family services~~ shall require an individual	109043
~~receiving health assistance under the children's health insurance~~	109044
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	109045
pay the following as a term of ~~participation in the program~~	109046
enrollment:	109047

(A) A premium of not less than forty dollars per month for a	109048
family with one individual ~~receiving health assistance under~~	109049
seeking to enroll, or who is enrolled, in the ~~program~~part;	109050

(B) A premium of not less than eighty dollars per month for a	109051
family with two individuals ~~receiving health assistance under~~	109052
seeking to enroll, or who is enrolled, in the ~~program~~part;	109053

(C) A premium of not less than one hundred twenty dollars per	109054
month for a family with three or more individuals ~~receiving health~~	109055
~~assistance under~~seeking to enroll, or who are enrolled, in the	109056
~~program~~part.	109057

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	109058
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	109059
be treated as an application for ~~health assistance under~~ the	109060
children's health insurance program ~~part II~~ if the application is	109061
for an assistance group that includes a child under nineteen years	109062
of age and is denied.	109063

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	109064
~~family services~~ may contract with a government entity or person to	109065
perform the director's administrative duties regarding ~~the~~	109066
~~children's health insurance program~~CHIP part I, part II, part	109067
III, two of the parts, or all three parts, other than the duty to	109068
submit a state child health plan to the United States secretary of	109069
health and human services under section ~~5101.51~~5161.10 of the	109070
Revised Code, the duty to submit a waiver request under section	109071
5161.15 of the Revised Code, and the duty to adopt rules under	109072
section ~~5101.512~~5161.02 of the Revised Code.	109073

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	109074
~~family services~~ may submit a waiver request to the United States	109075
secretary of health and human services to provide health	109076
assistance to any individual who meets all of the following	109077
requirements:	109078

(1) Is the parent of a child who is under nineteen years of	109079
age ~~who~~, resides with the parent, and is ~~eligible for health~~	109080
~~assistance under~~enrolled in the children's health insurance	109081
program part I or II or the medicaid program ~~established under~~	109082
~~Chapter 5111. of the Revised Code~~;	109083

(2) Is uninsured;

109084

(3) Has a family income that does not exceed one hundred per	109085
cent of the federal poverty ~~guidelines~~line.	109086

(B) A waiver request the director submits under division (A)	109087
of this section may seek federal funds allotted to the state under	109088
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	109089
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	109090
otherwise used to fund the children's health insurance program	109091
parts I and II.	109092

~~(C) If a waiver request the director submits under division~~	109093
~~(A) of this section is granted, the director may adopt rules in~~	109094
~~accordance with Chapter 119. of the Revised Code as necessary for~~	109095
~~the efficient administration of the program authorization by the~~	109096
~~waiver.~~	109097

Sec. 5162.01. (A) As used in the Revised Code:

109098

(1) "Medicaid" and "medicaid program" mean the program of	109099
medical assistance established by Title XIX of the "Social	109100
Security Act," 42 U.S.C. 1396 et seq., including any medical	109101
assistance provided under the medicaid state plan or a federal	109102
medicaid waiver granted by the United States secretary of health	109103
and human services.	109104

(2) "Medicare" and "medicare program" mean the federal health	109105
insurance program established by Title XVIII of the "Social	109106
Security Act," 42 U.S.C. 1395 et seq.	109107

(B) As used in this chapter:

109108

(1) "Dual eligible individual" has the same meaning as in	109109
section 5160.01 of the Revised Code.	109110

(2) "Federal financial participation" has the same meaning as	109111
in section 5160.01 of the Revised Code.	109112

(3) "Federal poverty line" means the official poverty line	109113
defined by the United States office of management and budget based	109114
on the most recent data available from the United States bureau of	109115
the census and revised by the United States secretary of health	109116
and human services pursuant to the "Omnibus Budget Reconciliation	109117
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	109118

(4) "Healthy start component" means the component of the	109119
medicaid program that covers pregnant women and children and is	109120
identified in rules adopted under section 5162.02 of the Revised	109121
Code as the healthy start component.	109122

(5) "ICF/IID" has the same meaning as in section 5124.01 of	109123
the Revised Code.	109124

(6) "Medicaid managed care organization" has the same meaning	109125
as in section 5167.01 of the Revised Code.	109126

(7) "Medicaid provider" has the same meaning as in section	109127
5164.01 of the Revised Code.	109128

(8) "Medicaid services" has the same meaning as in section	109129
5164.01 of the Revised Code.	109130

(9) "Nursing facility" has the same meaning as in section	109131
5165.01 of the Revised Code.	109132

(10) "Political subdivision" means a municipal corporation,	109133
township, county, school district, or other body corporate and	109134
politic responsible for governmental activities only in a	109135
geographical area smaller than that of the state.	109136

(11) "Prescribed drug" has the same meaning as in section	109137
5164.01 of the Revised Code.	109138

(12) "Provider agreement" has the same meaning as in section	109139
5164.01 of the Revised Code.	109140

(13) "Qualified medicaid school provider" means the board of	109141
education of a city, local, or exempted village school district,	109142
the governing authority of a community school established under	109143
Chapter 3314. of the Revised Code, the state school for the deaf,	109144
and the state school for the blind to which both of the following	109145
apply:	109146

(a) It holds a valid provider agreement.

109147

(b) It meets all other conditions for participation in the	109148
medicaid school component of the medicaid program established in	109149
rules authorized by section 5162.364 of the Revised Code.	109150

(14) "State agency" means every organized body, office, or	109151
agency, other than the department of medicaid, established by the	109152
laws of the state for the exercise of any function of state	109153
government.	109154

(15) "Vendor offset" means a reduction of a medicaid payment	109155
to a medicaid provider to correct a previous, incorrect medicaid	109156
payment to that provider.	109157

Sec. 5162.02. The medicaid director shall adopt rules as	109158
necessary to implement this chapter.	109159

Sec. 5162.021. The medicaid director shall adopt rules under	109160
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	109161
5167.02 of the Revised Code as necessary to authorize the	109162
directors of other state agencies to adopt rules regarding	109163
medicaid components, or aspects of medicaid components, the other	109164
state agencies administer pursuant to contracts entered into under	109165
section 5162.35 of the Revised Code.	109166

Sec. 5162.022. The medicaid director's rules governing	109167
medicaid are binding on other state agencies and political	109168
subdivisions that administer one or more components of the	109169
medicaid program, or one or more aspects of a component, pursuant	109170
to contracts entered into under section 5162.35 of the Revised	109171
Code. No state agency or political subdivision may establish, by	109172
rule or otherwise, a policy governing medicaid that is	109173
inconsistent with a medicaid policy established, in rule or	109174
otherwise, by the director.	109175

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

109176

~~"Children's health insurance program" means the children's~~	109177
~~health insurance program part I, children's health insurance~~	109178
~~program part II, and children's health insurance program part III~~	109179
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	109180

~~"Medical assistance program" or "medicaid" means the program~~	109181
~~that is authorized by this chapter and provided by the office of~~	109182
~~medical assistance under this chapter, Title XIX of the "Social~~	109183
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	109184
~~amended, and the waivers of Title XIX requirements granted to the~~	109185
~~office by the centers for medicare and medicaid services of the~~	109186
~~United States department of health and human services.~~	109187

~~(B) There is hereby established the office of medical~~	109188
~~assistance as a work unit within the department of job and family~~	109189
~~services. The chief of the office shall hold the title of medical~~	109190
~~assistance director. Notwithstanding section 5101.06 of the~~	109191
~~Revised Code, the governor shall appoint the medical assistance~~	109192
~~director and the medical assistance director shall serve at the~~	109193
~~governor's pleasure. The medical assistance director is not an~~	109194
~~assistant director of the department of job and family services~~	109195
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	109196
~~any other purpose.~~	109197

~~Subject to appropriations for the medicaid program and~~	109198
~~children's health insurance program, the department of job and~~	109199
~~family services shall provide staff and support services as~~	109200
~~necessary for the operation of the office of medical assistance.~~	109201

~~If a statute, rule, contract, or other legal authority~~	109202
~~requires the director of job and family services or department of~~	109203
~~job and family services to take an action regarding the medicaid~~	109204
~~program or children's health insurance program, the medical~~	109205
~~assistance director or office of medical assistance shall take the~~	109206
~~action in place of the director of job and family services or~~	109207
~~department of job and family services. If a statute, rule,~~	109208
~~contract, or other legal authority permits the director of job and~~	109209
~~family services or department of job and family services to take~~	109210
~~an action regarding the medicaid program or children's health~~	109211
~~insurance program, the medical assistance director or office of~~	109212
~~medical assistance shall take the action in place of the director~~	109213
~~of job and family services or department of job and family~~	109214
~~services if the action is to be taken.~~	109215

~~The office~~For the purpose of the "Social Security Act,"	109216
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	109217
~~medical assistance~~medicaid shall act as the single state agency	109218
to supervise the administration of the medicaid program. As the	109219
single state agency, the ~~office~~department shall comply with 42	109220
C.F.R. 431.10(e) and all other federal requirements applicable to	109221
the single state agency. ~~The office's rules governing medicaid are~~	109222
~~binding on other agencies that administer components of the~~	109223
~~medicaid program. No agency may establish, by rule or otherwise, a~~	109224
~~policy governing medicaid that is inconsistent with a medicaid~~	109225
~~policy established, in rule or otherwise, by the medical~~	109226
~~assistance director.~~	109227

~~(C) The office of medical assistance may provide medical~~	109228
~~assistance under the medicaid program as long as federal funds are~~	109229
~~provided for such assistance, to the following:~~	109230

~~(1) Families with children that meet either of the following~~	109231
~~conditions:~~	109232

~~(a) The family meets the income, resource, and family~~	109233
~~composition requirements in effect on July 16, 1996, for the~~	109234
~~former aid to dependent children program as those requirements~~	109235
~~were established by Chapter 5107. of the Revised Code, federal~~	109236
~~waivers granted pursuant to requests made under former section~~	109237
~~5101.09 of the Revised Code, and rules adopted by the department~~	109238
~~or any changes the department makes to those requirements in~~	109239
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	109240
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	109241
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	109242
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	109243
~~eligibility for medicaid under division (C)(1)(a) of this section~~	109244
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	109245

~~(b) The family does not meet the requirements specified in~~	109246
~~division (C)(1)(a) of this section but is eligible for medicaid~~	109247
~~pursuant to section 5101.18 of the Revised Code.~~	109248

~~(2) Aged, blind, and disabled persons who meet the following~~	109249
~~conditions:~~	109250

~~(a) Receive federal aid under Title XVI of the "Social~~	109251
~~Security Act," or are eligible for but are not receiving such aid,~~	109252
~~provided that the income from all other sources for individuals~~	109253
~~with independent living arrangements shall not exceed one hundred~~	109254
~~seventy-five dollars per month. The income standards hereby~~	109255
~~established shall be adjusted annually at the rate that is used by~~	109256
~~the United States department of health and human services to~~	109257
~~adjust the amounts payable under Title XVI.~~	109258

~~(b) Do not receive aid under Title XVI, but meet any of the~~	109259
~~following criteria:~~	109260

~~(i) Would be eligible to receive such aid, except that their~~	109261
~~income, other than that excluded from consideration as income~~	109262
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	109263
~~this section, and incurred expenses for medical care, as~~	109264
~~determined under federal regulations applicable to section 209(b)~~	109265
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	109266
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	109267
~~their income exceeds the maximum under division (C)(2)(a) of this~~	109268
~~section;~~	109269

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	109270
~~the permanently and totally disabled prior to January 1, 1974, and~~	109271
~~continue to meet all the same eligibility requirements;~~	109272

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	109273
~~of the Revised Code.~~	109274

~~(3) Persons to whom federal law requires, as a condition of~~	109275
~~state participation in the medicaid program, that medicaid be~~	109276
~~provided;~~	109277

~~(4) Persons under age twenty-one who meet the income~~	109278
~~requirements for the Ohio works first program established under~~	109279
~~Chapter 5107. of the Revised Code but do not meet other~~	109280
~~eligibility requirements for the program. The medical assistance~~	109281
~~director shall adopt rules in accordance with Chapter 119. of the~~	109282
~~Revised Code specifying which Ohio works first requirements shall~~	109283
~~be waived for the purpose of providing medicaid eligibility under~~	109284
~~division (C)(4) of this section.~~	109285

~~(D) If sufficient funds are appropriated for the medicaid~~	109286
~~program, the office of medical assistance may provide medical~~	109287
~~assistance under the medicaid program to persons in groups~~	109288
~~designated by federal law as groups to which a state, at its~~	109289
~~option, may provide medical assistance under the medicaid program.~~	109290

~~(E) The office of medical assistance may expand eligibility~~	109291
~~for the medicaid program to include individuals under age nineteen~~	109292
~~with family incomes at or below one hundred fifty per cent of the~~	109293
~~federal poverty guidelines, except that the eligibility expansion~~	109294
~~shall not occur unless the office receives the approval of the~~	109295
~~federal government. The office may implement the eligibility~~	109296
~~expansion authorized under this division on any date selected by~~	109297
~~the office, but not sooner than January 1, 1998.~~	109298

~~(F) In addition to any other authority or requirement to~~	109299
~~adopt rules under this chapter, the medical assistance director~~	109300
~~may adopt rules in accordance with section 111.15 of the Revised~~	109301
~~Code as the director considers necessary to establish standards,~~	109302
~~procedures, and other requirements regarding the provision of~~	109303
~~medical assistance under the medicaid program. The rules may~~	109304
~~establish requirements to be followed in applying for medicaid,~~	109305
~~making determinations of eligibility for medicaid, and verifying~~	109306
~~eligibility for medicaid. The rules may include special conditions~~	109307
~~as the office determines appropriate for making applications,~~	109308
~~determining eligibility, and verifying eligibility for any medical~~	109309
~~assistance that the office may provide under the medicaid program~~	109310
~~pursuant to division (E) of this section and section 5111.014 or~~	109311
~~5111.0120 of the Revised Code.~~	109312

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	109313
~~family services~~ may do all of the following as necessary for the	109314
department of ~~job and family services~~medicaid to fulfill the	109315
duties it has, as the single state agency for the medicaid	109316
program, under the "Medicare Prescription Drug, Improvement, and	109317
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	109318

(1) Adopt rules in accordance with division (B) of this	109319
section;	109320

(2) Assign duties to county departments of job and family	109321
services;	109322

(3) Make payments to the United States department of health	109323
and human services from appropriations made to the department of	109324
~~job and family services~~medicaid for this purpose.	109325

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	109326
section shall be adopted as follows:	109327

(1) If the rules concern the department's duties regarding	109328
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	109329
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	109330

(2) If the rules concern the department's duties concerning	109331
individuals' eligibility for medicaid services, ~~in accordance with~~	109332
under section ~~111.15~~5163.02 of the Revised Code;	109333

(3) If the rules concern the department's duties concerning	109334
financial and operational matters between the department and	109335
county departments of job and family services, ~~in accordance with~~	109336
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	109337
~~were internal management rules~~.	109338

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	109339
agency" has the same meaning as in section 9.23 of the Revised	109340
Code.	109341

No provision of Title LI of the Revised Code or any other law	109342
of this state that incorporates any provision of federal ~~Medicaid~~	109343
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	109344
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	109345
state, a state agency, or any state official or employee to comply	109346
with that federal provision, shall be construed as creating a	109347
cause of action to enforce such state law beyond the causes of	109348
action available under federal law for enforcement of the	109349
provision of federal law.	109350

Sec. 5162.05. The medicaid program shall be implemented in	109351
accordance with all of the following:	109352

(A) The medicaid state plan approved by the United States	109353
secretary of health and human services, including amendments to	109354
the plan approved by the United States secretary;	109355

(B) Federal medicaid waivers granted by the United States	109356
secretary, including amendments to waivers approved by the United	109357
States secretary;	109358

(C) Other types of federal approval, including demonstration	109359
grants, that establish requirements for components of the medicaid	109360
program;	109361

(D) Except as otherwise authorized by a federal medicaid	109362
waiver granted by the United States secretary, all applicable	109363
federal statutes, regulations, and policy guidances;	109364

(E) All applicable state statutes.

109365

Sec. 5162.06. (A) Notwithstanding any other state statute,	109366
no component, or aspect of a component, of the medicaid program	109367
shall be implemented without all of the following:	109368

(1) Subject to division (B) of this section, if the	109369
component, or aspect of the component, requires federal approval,	109370
receipt of the federal approval;	109371

(2) Sufficient federal financial participation for the	109372
component or aspect of the component;	109373

(3) Sufficient nonfederal funds for the component or aspect	109374
of the component that qualify as funds needed to obtain the	109375
federal financial participation.	109376

(B) A component, or aspect of a component, of the medicaid	109377
program that requires federal approval may begin to be implemented	109378
before receipt of the federal approval if federal law authorizes	109379
implementation to begin before receipt of the federal approval.	109380
Implementation shall cease if the federal approval is ultimately	109381
denied.	109382

Sec. 5162.07. The medicaid director shall seek federal	109383
approval for all components, and aspects of components, of the	109384
medicaid program for which federal approval is needed, except that	109385
the director is permitted rather than required to seek federal	109386
approval for components, and aspects of components, that state	109387
statutes permit rather than require be implemented. Federal	109388
approval shall be sought in the following forms as appropriate:	109389

(A) The medicaid state plan;

109390

(B) Amendments to the medicaid state plan;

109391

109392

(D) Amendments to federal medicaid waivers;

109393

(E) Other types of federal approval, including demonstration	109394
grants.	109395

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	109396
~~family services~~ may conduct reviews of the medicaid program. The	109397
reviews may include physical inspections of records and sites	109398
where ~~medicaid-funded~~medicaid services are provided and	109399
interviews of medicaid providers and medicaid recipients ~~of the~~	109400
~~services~~. If the director determines pursuant to a review that a	109401
person or government entity has violated a rule governing the	109402
medicaid program, the director may establish a corrective action	109403
plan for the violator and impose fiscal, administrative, or both	109404
types of sanctions on the violator in accordance with rules	109405
~~governing the medicaid program~~adopted under section 5162.02 of	109406
the Revised Code.	109407

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	109408
~~services~~medicaid shall enter into an agreement with the	109409
department of administrative services for the department of	109410
administrative services to contract through competitive selection	109411
pursuant to section 125.07 of the Revised Code with a vendor to	109412
perform an assessment of the data collection and data warehouse	109413
functions of the medicaid data warehouse system, including the	109414
ability to link the data sets of all agencies serving medicaid	109415
recipients.	109416

The assessment of the data system shall include functions	109417
related to fraud and abuse detection, program management and	109418
budgeting, and performance measurement capabilities of all	109419
agencies serving medicaid recipients, including the departments of	109420
aging, ~~alcohol and drug addiction services,~~ health, job and family	109421
services, medicaid, ~~mental health~~mental health and addiction	109422
services, and developmental disabilities.	109423

~~The department of administrative services shall enter into~~	109424
~~this contract within thirty days after September 29, 2005. The~~	109425
~~contract shall require the vendor to complete the assessment~~	109426
~~within ninety days after September 29, 2005.~~	109427

A qualified vendor with whom the department of administrative	109428
services contracts to assess the data system shall also assist the	109429
medicaid agencies in the definition of the requirements for an	109430
enhanced data system or a new data system and assist the	109431
department of administrative services in the preparation of a	109432
request for ~~proposal~~proposals to enhance or develop a data	109433
system.	109434

(B) Based on the assessment performed pursuant to division	109435
(A) of this section, the department of administrative services	109436
shall seek a qualified vendor through competitive selection	109437
pursuant to section 125.07 of the Revised Code to develop or	109438
enhance a data collection and data warehouse system for the	109439
department of ~~job and family services~~medicaid and all agencies	109440
serving medicaid recipients.	109441

~~Within ninety days after September 29, 2005, the~~The	109442
department of ~~job and family services~~medicaid shall seek enhanced	109443
federal ~~funding~~financial participation for ninety per cent of	109444
the funds required to establish or enhance the data system. The	109445
department of administrative services shall not award a contract	109446
for establishing or enhancing the data system until the department	109447
of ~~job and family services~~medicaid receives approval from the	109448
~~secretary of the~~ United States ~~department~~secretary of health and	109449
human services for the ninety per cent federal ~~match~~financial	109450
participation.	109451

Sec. 5162.12. (A) The medicaid director may enter into a	109452
contract with one or more persons to receive and process, on the	109453
director's behalf, requests for medicaid recipient or claims	109454
payment data, data from reports of audits conducted under section	109455
5165.109 of the Revised Code, or extracts or analyses of any of	109456
the foregoing data made by persons who intend to use the items for	109457
commercial or academic purposes.	109458

(B) At a minimum, a contract entered into under this section	109459
shall do both of the following:	109460

(1) Authorize the contracting person to engage in the	109461
activities described in division (A) of this section for	109462
compensation, which must be stated as a percentage of the fees	109463
paid by persons who are provided the items;	109464

(2) Specify the schedule of fees the contracting person is to	109465
charge for the items.	109466

(C) Except as required by federal or state law and subject to	109467
division (E) of this section, both of the following conditions	109468
apply with respect to a request for data described in division (A)	109469
of this section:	109470

(1) The request shall be made through a person who has	109471
entered into a contract with the medicaid director under this	109472
section.	109473

(2) An item prepared pursuant to the request may be provided	109474
to the department of medicaid and is confidential and not subject	109475
to disclosure under section 149.43 or 1347.08 of the Revised Code.	109476

(D) The medicaid director shall use fees the director	109477
receives pursuant to a contract entered into under this section to	109478
pay obligations specified in contracts entered under this section.	109479
Any money remaining after the obligations are paid shall be	109480
deposited in the health care services administration fund created	109481
under section 5162.54 of the Revised Code.	109482

(E) This section does not apply to requests for medicaid	109483
recipient or claims payment data, data from reports of audits	109484
conducted under section 5165.109 of the Revised Code, or extracts	109485
or analyses of any of the foregoing data that are for any of the	109486
following purposes:	109487

(1) Treatment of medicaid recipients;

109488

(2) Payment of medicaid claims;

109489

(3) Establishment or management of medicaid third party	109490
liability pursuant to sections 5160.35 to 5160.43 of the Revised	109491
Code;	109492

(4) Compliance with the terms of an agreement the medicaid	109493
director enters into for purposes of administering the medicaid	109494
program;	109495

(5) Compliance with an operating protocol the executive	109496
director of the office of health transformation or the executive	109497
director's designee adopts under division (D) of section 191.06 of	109498
the Revised Code.	109499

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	109500
of each year, the department of ~~job and family services~~medicaid	109501
shall submit to the speaker and minority leader of the house of	109502
representatives and the president and minority leader of the	109503
senate, and shall make available to the public, a report on the	109504
effectiveness of the ~~Ohio works first program established under~~	109505
~~Chapter 5107. of the Revised Code and the medical assistance~~	109506
medicaid program ~~established under this chapter~~ in meeting the	109507
health care needs of low-income pregnant women, infants, and	109508
children. The report shall include: the estimated number of	109509
~~persons eligible for health care services to~~ pregnant women,	109510
infants, and children ~~under the programs~~eligible for the	109511
program; the actual number of eligible persons ~~served~~enrolled in	109512
the program; the number of prenatal, postpartum, and child health	109513
visits; a report on birth outcomes, including a comparison of	109514
low-birthweight births and infant mortality rates of ~~program~~	109515
~~participants~~medicaid recipients with the general female	109516
child-bearing and infant population in this state; and a	109517
comparison of the prenatal, delivery, and child health costs of	109518
the ~~programs~~program with such costs of similar programs in other	109519
states, where available.	109520

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	109521
~~of job and family services~~ shall submit to the president and	109522
minority leader of the senate, speaker and minority leader of the	109523
house of representatives, and the chairpersons of the standing	109524
committees of the senate and house of representatives with primary	109525
responsibility for legislation making biennial appropriations a	109526
report on the establishment and implementation of programs	109527
designed to control the increase of the cost of the medicaid	109528
program, increase the efficiency of the medicaid program, and	109529
promote better health outcomes. In each calendar year, one report	109530
shall be submitted not later than the last day of June and the	109531
subsequent report shall be submitted not later than the last day	109532
of December.	109533

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	109534
~~and each year thereafter~~Annually, the department of ~~job and~~	109535
~~family services~~medicaid shall prepare a report on the	109536
department's efforts to minimize fraud, waste, and abuse in the	109537
medicaid program.	109538

~~(B)~~ Each report shall be made available on the department's	109539
web site. The department shall submit a copy of each report to the	109540
governor and, in accordance with section 101.68 of the Revised	109541
Code, the general assembly. Copies of the report also shall be	109542
made available to the public on request.	109543

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

109544

"Agent" and "contractor" include any agent, contractor,	109545
subcontractor, or other person who, on behalf of an entity,	109546
furnishes or authorizes the furnishing of ~~health care items or~~	109547
medicaid services ~~under the medicaid program~~, performs billing or	109548
coding functions, or is involved in monitoring of health care that	109549
an entity provides.	109550

"Employee" includes any officer or employee (including	109551
management employees) of an entity.	109552

"Entity" includes a governmental entity or an organization,	109553
unit, corporation, partnership, or other business arrangement,	109554
including any medicaid managed care organization, irrespective of	109555
the form of business structure or arrangement by which it exists,	109556
whether for-profit or not-for-profit. "Entity" does not include a	109557
government entity that administers one or more components of the	109558
medicaid program, unless the government entity receives medicaid	109559
payments for providing ~~items or~~medicaid services.	109560

"Federal health care programs" has the same meaning as in the	109561
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	109562

(B) Each entity that receives or makes in a federal fiscal	109563
year payments under the medicaid program, either through the	109564
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	109565
totaling at least five million dollars shall, as a condition of	109566
receiving such payments, do all of the following not later than	109567
the first day of the succeeding calendar year:	109568

(1) Establish written policies for all of the entity's	109569
employees, contractors, and agents that provide detailed	109570
information about the role of all of the following in preventing	109571
and detecting fraud, waste, and abuse in federal health care	109572
programs:	109573

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

109574

(b) Federal administrative remedies for false claims and	109575
statements available under 31 U.S.C. 3801 to 3812;	109576

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	109577
Revised Code and any other state laws pertaining to civil or	109578
criminal penalties for false claims and statements;	109579

(d) Whistleblower protections under the laws specified in	109580
divisions (B)(1)(a) to (c) of this section.	109581

(2) Include as part of the written policies required by	109582
division (B)(1) of this section detailed provisions regarding the	109583
entity's policies and procedures for preventing and detecting	109584
fraud, waste, and abuse.	109585

(3) Disseminate the written policies required by division	109586
(B)(1) of this section to each of the entity's employees,	109587
contractors, and agents in a paper or electronic form and make the	109588
written policies readily available to the entity's employees,	109589
contractors, and agents.	109590

(4) If the entity has an employee handbook, include in the	109591
employee handbook a specific discussion of the laws specified in	109592
division (B)(1) of this section, the rights of employees to be	109593
protected as whistleblowers, and the entity's policies and	109594
procedures for preventing and detecting fraud, waste, and abuse.	109595

(5) Require the entity's contractors and agents to adopt the	109596
entity's written policies required by division (B)(1) of this	109597
section.	109598

(C) An entity that furnishes ~~items or~~medicaid services at	109599
multiple locations or under multiple contractual or other payment	109600
arrangements is required to comply with division (B) of this	109601
section if the entity receives in a federal fiscal year medicaid	109602
payments totaling in the aggregate at least five million dollars.	109603
This applies regardless of whether the entity submits claims for	109604
medicaid payments using multiple provider identification or tax	109605
identification numbers.	109606

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	109607
~~and family services~~medicaid shall institute a cost-sharing	109608
~~program under~~requirements for the medicaid program. In	109609
~~instituting the cost-sharing program, the director shall comply~~	109610
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	109611
~~establish~~include a copayment requirement for at least dental	109612
services, vision services, nonemergency emergency department	109613
services, and ~~prescription~~prescribed drugs~~, other than generic~~	109614
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	109615
include requirements regarding premiums, enrollment fees,	109616
deductions, and similar charges. ~~The director shall adopt rules~~	109617
~~under section 5111.02 of the Revised Code governing the~~	109618
~~cost-sharing program.~~	109619

(B) ~~The cost-sharing program shall, to the extent permitted~~	109620
~~by federal law, provide for all of the following with regard to~~	109621
~~any providers participating in the medicaid program:~~	109622

(1) No provider shall refuse to provide a service to a	109623
medicaid recipient who is unable to pay a required copayment for	109624
the service.	109625

(2) Division (B)(1) of this section shall not be considered	109626
to do either of the following with regard to a medicaid recipient	109627
who is unable to pay a required copayment:	109628

(a) Relieve the medicaid recipient from the obligation to pay	109629
a copayment;	109630

(b) Prohibit the provider from attempting to collect an	109631
unpaid copayment.	109632

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	109633
no provider shall waive a medicaid recipient's obligation to pay	109634
the provider a copayment.	109635

~~(4)~~(D) No provider or drug manufacturer, including the	109636
manufacturer's representative, employee, independent contractor,	109637
or agent, shall pay any copayment on behalf of a medicaid	109638
recipient.	109639

~~(5)~~(E) If it is the routine business practice of ~~the~~a	109640
provider to refuse service to any individual who owes an	109641
outstanding debt to the provider, the provider may consider an	109642
unpaid copayment imposed by the cost-sharing ~~program~~requirements	109643
as an outstanding debt and may refuse service to a medicaid	109644
recipient who owes the provider an outstanding debt. If the	109645
provider intends to refuse service to a medicaid recipient who	109646
owes the provider an outstanding debt, the provider shall notify	109647
the ~~individual~~recipient of the provider's intent to refuse	109648
~~services~~service.	109649

~~(C)~~(F) In the case of a provider that is a hospital, the	109650
cost-sharing program shall permit the hospital to take action to	109651
collect a copayment by providing, at the time services are	109652
rendered to a medicaid recipient, notice that a copayment may be	109653
owed. If the hospital provides the notice and chooses not to take	109654
any further action to pursue collection of the copayment, the	109655
prohibition against waiving copayments specified in division	109656
~~(B)(3)~~(C) of this section does not apply.	109657

~~(D)~~(G) The department of ~~job and family services~~medicaid may	109658
~~work~~collaborate with a state agency that is administering,	109659
pursuant to a contract entered into under section ~~5111.91~~5162.35	109660
of the Revised Code, one or more components ~~of the medicaid~~	109661
~~program~~, or one or more aspects of a component, of the medicaid	109662
program as necessary for the state agency to apply the	109663
cost-sharing ~~program~~requirements to the components or aspects of	109664
~~the medicaid program~~a component that the state agency	109665
administers.	109666

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	109667
section ~~5111.111~~5162.211 of the Revised Code:	109668

(1) "Estate" includes both of the following:

109669

(a) All real and personal property and other assets to be	109670
administered under Title XXI of the Revised Code and property that	109671
would be administered under that title if not for section 2113.03	109672
or 2113.031 of the Revised Code;	109673

(b) Any other real and personal property and other assets in	109674
which an individual had any legal title or interest at the time of	109675
death (to the extent of the interest), including assets conveyed	109676
to a survivor, heir, or assign of the individual through joint	109677
tenancy, tenancy in common, survivorship, life estate, living	109678
trust, or other arrangement.	109679

(2) "Institution" means a nursing facility, ~~intermediate care~~	109680
~~facility for the mentally retarded~~ICF/IID, or a medical	109681
institution.	109682

(3) ~~"Intermediate care facility for the mentally retarded"~~	109683
~~and "nursing facility" have the same meanings as in section~~	109684
~~5111.20 of the Revised Code.~~	109685

~~(4)~~ "Permanently institutionalized individual" means an	109686
individual to whom all of the following apply:	109687

(a) Is an inpatient in an institution;

109688

(b) Is required, as a condition of the medicaid program	109689
paying for the individual's services in the institution, to spend	109690
for costs of medical or nursing care all of the individual's	109691
income except for an amount for personal needs specified by the	109692
department of ~~job and family services~~medicaid;	109693

(c) Cannot reasonably be expected to be discharged from the	109694
institution and return home as determined by the department of ~~job~~	109695
~~and family services~~medicaid.	109696

~~(5)~~(4) "Qualified state long-term care insurance partnership	109697
program" means the program established under section ~~5111.18~~	109698
5164.86 of the Revised Code.	109699

~~(6)~~(5) "Time of death" shall not be construed to mean a time	109700
after which a legal title or interest in real or personal property	109701
or other asset may pass by survivorship or other operation of law	109702
due to the death of the decedent or terminate by reason of the	109703
decedent's death.	109704

(B) To the extent permitted by federal law, the department of	109705
~~job and family services~~medicaid shall institute a medicaid estate	109706
recovery program under which the department shall, except as	109707
provided in divisions (C) and (E) of this section, and subject to	109708
division (D) of this section, do all of the following:	109709

(1) For the costs of medicaid services the medicaid program	109710
correctly paid or will pay on behalf of a permanently	109711
institutionalized individual of any age, seek adjustment or	109712
recovery from the individual's estate or on the sale of property	109713
of the individual or spouse that is subject to a lien imposed	109714
under section ~~5111.111~~5162.211 of the Revised Code;	109715

(2) For the costs of medicaid services the medicaid program	109716
correctly paid or will pay on behalf of an individual fifty-five	109717
years of age or older who is not a permanently institutionalized	109718
individual, seek adjustment or recovery from the individual's	109719
estate;	109720

(3) Seek adjustment or recovery from the estate of other	109721
individuals as permitted by federal law.	109722

(C)(1) No adjustment or recovery may be made under division	109723
(B)(1) of this section from a permanently institutionalized	109724
individual's estate or on the sale of property of a permanently	109725
institutionalized individual that is subject to a lien imposed	109726
under section ~~5111.111~~5162.211 of the Revised Code or under	109727
division (B)(2) or (3) of this section from an individual's estate	109728
while either of the following are alive:	109729

(a) The spouse of the permanently institutionalized	109730
individual or individual;	109731

(b) The son or daughter of a permanently institutionalized	109732
individual or individual if the son or daughter is under age	109733
twenty-one or, under the "Social Security Act," section 1614, 42	109734
U.S.C. 1382c, is considered blind or disabled.	109735

(2) No adjustment or recovery may be made under division	109736
(B)(1) of this section from a permanently institutionalized	109737
individual's home that is subject to a lien imposed under section	109738
~~5111.111~~5162.211 of the Revised Code while either of the	109739
following lawfully reside in the home:	109740

(a) The permanently institutionalized individual's sibling	109741
who resided in the home for at least one year immediately before	109742
the date of the permanently institutionalized individual's	109743
admission to the institution and on a continuous basis since that	109744
time;	109745

(b) The permanently institutionalized individual's son or	109746
daughter who provided care to the permanently institutionalized	109747
individual that delayed the permanently institutionalized	109748
individual's institutionalization and resided in the home for at	109749
least two years immediately before the date of the permanently	109750
institutionalized individual's admission to the institution and on	109751
a continuous basis since that time.	109752

(D) In the case of a participant of the qualified state	109753
long-term care insurance partnership program, adjustment or	109754
recovery required by this section may be reduced in accordance	109755
with rules ~~adopted under~~authorized by division (G) of this	109756
section.	109757

(E) The department shall, in accordance with procedures and	109758
criteria established in rules ~~adopted under~~authorized by division	109759
(G) of this section, waive seeking an adjustment or recovery	109760
otherwise required by this section if the medicaid director ~~of job~~	109761
~~and family services~~ determines that adjustment or recovery would	109762
work an undue hardship. The department may limit the duration of	109763
the waiver to the period during which the undue hardship exists.	109764

(F) For the purpose of determining whether an individual	109765
meets the definition of "permanently institutionalized individual"	109766
established for this section, a rebuttable presumption exists that	109767
the individual cannot reasonably be expected to be discharged from	109768
an institution and return home if either of the following is the	109769
case:	109770

(1) The individual declares that he or she does not intend to	109771
return home.	109772

(2) The individual has been an inpatient in an institution	109773
for at least six months.	109774

(G) ~~The director of job and family services shall adopt rules~~	109775
~~in accordance with Chapter 119. of the Revised Code regarding the~~	109776
~~medicaid estate recovery program, including rules that~~Rules	109777
adopted under section 5162.02 of the Revised Code shall do both of	109778
the following:	109779

(1) For the purpose of division (D) of this section and	109780
consistent with the "Social Security Act," section 1917(b)(1)(C),	109781
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	109782
recovery in the case of a participant of the qualified state	109783
long-term care insurance partnership program;	109784

(2) For the purpose of division (E) of this section and	109785
consistent with the standards specified by the United States	109786
secretary of health and human services under the "Social Security	109787
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	109788
procedures and criteria for waiving adjustment or recovery due to	109789
an undue hardship.	109790

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	109791
(B) of this section and section ~~5111.12~~5162.23 of the Revised	109792
Code, no lien may be imposed against the property of an individual	109793
before the individual's death on account of medicaid services	109794
correctly paid or to be paid on the individual's behalf.	109795

(B) Except as provided in division (C) of this section, the	109796
department of ~~job and family services~~medicaid may impose a lien	109797
against the real property of a medicaid recipient who is a	109798
permanently institutionalized individual and against the real	109799
property of the recipient's spouse, including any real property	109800
that is jointly held by the recipient and spouse. The lien may be	109801
imposed on account of medicaid paid or to be paid on the	109802
recipient's behalf.	109803

(C) No lien may be imposed under division (B) of this section	109804
against the home of a medicaid recipient if any of the following	109805
lawfully resides in the home:	109806

(1) The recipient's spouse;

109807

(2) The recipient's son or daughter who is under twenty-one	109808
years of age or, under the "Social Security Act," section 1614, 42	109809
U.S.C. 1382c, considered to be blind or disabled;	109810

(3) The recipient's sibling who has an equity interest in the	109811
home and resided in the home for at least one year immediately	109812
before the date of the recipient's admission to the institution.	109813

(D) The medicaid director ~~of job and family services~~ or a	109814
person designated by the director shall sign a certificate to	109815
effectuate a lien required to be imposed under this section. The	109816
county department of job and family services shall file for	109817
recording and indexing the certificate, or a certified copy, in	109818
the real estate mortgage records in the office of the county	109819
recorder in every county in which real property of the recipient	109820
or spouse is situated. From the time of filing the certificate in	109821
the office of the county recorder, the lien attaches to all real	109822
property of the recipient or spouse described in the certificate	109823
for all amounts for which adjustment or recovery may be made under	109824
section ~~5111.11~~5162.21 of the Revised Code and, except as	109825
provided in division (E) of this section, shall remain a lien	109826
until satisfied.	109827

Upon filing the certificate in the office of the recorder,	109828
all persons are charged with notice of the lien and the rights of	109829
the department of ~~job and family services~~medicaid thereunder.	109830

The county recorder shall keep a record of every certificate	109831
filed showing its date, the time of filing, the name and residence	109832
of the recipient or spouse, and any release, waivers, or	109833
satisfaction of the lien.	109834

The priority of the lien shall be established in accordance	109835
with state and federal law.	109836

The department may waive the priority of its lien to provide	109837
for the costs of the last illness as determined by the department,	109838
administration, attorney fees, administrator fees, a sum for the	109839
payment of the costs of burial, which shall be computed by	109840
deducting from five hundred dollars whatever amount is available	109841
for the same purpose from all other sources, and a similar sum for	109842
the spouse of the decedent.	109843

(E) A lien imposed with respect to a medicaid recipient under	109844
this section shall dissolve on the recipient's discharge from the	109845
institution and return home.	109846

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	109847
~~services~~medicaid shall certify amounts due under the medicaid	109848
estate recovery program instituted under section ~~5111.11~~5162.21	109849
of the Revised Code to the attorney general pursuant to section	109850
131.02 of the Revised Code. The attorney general may enter into a	109851
contract with any person or government entity to collect the	109852
amounts due on behalf of the attorney general.	109853

The attorney general, in entering into a contract under this	109854
section, shall comply with all of the requirements that must be	109855
met for the state to receive federal financial participation for	109856
the costs incurred in entering into the contract and carrying out	109857
actions under the contract. The contract may provide for the	109858
person or government entity with which the attorney general	109859
contracts to be compensated from the property recovered under the	109860
medicaid estate recovery program or may provide for another manner	109861
of compensation agreed to by the parties to the contract.	109862

Regardless of whether the attorney general collects the	109863
amounts due under the medicaid estate recovery program or	109864
contracts with a person or government entity to collect the	109865
amounts due on behalf of the attorney general, the amounts due	109866
shall be collected in accordance with applicable requirements of	109867
federal statutes and regulations and state statutes and rules.	109868

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

109869

(1) "Commissioner" means a person appointed by a probate	109870
court under division (E) of section 2113.03 of the Revised Code to	109871
act as a commissioner.	109872

(2) "Home" has the same meaning as in section 3721.10 of the	109873
Revised Code.	109874

(3) "Personal needs allowance account" means an account or	109875
petty cash fund that holds the money of a resident of ~~an adult~~	109876
~~care~~a residential facility or home and that the facility or home	109877
manages for the resident.	109878

(4) "Residential facility" means a residential facility	109879
licensed under section ~~5119.22~~5119.34 of the Revised Code that	109880
provides accommodations, supervision, and personal care services	109881
for three to sixteen unrelated adults.	109882

(B) Except as provided in divisions (C) and (D) of this	109883
section, the owner or operator of a home or residential facility	109884
shall transfer to the department of ~~job and family services~~	109885
medicaid the money in the personal needs allowance account of a	109886
resident of the home or facility who was a medicaid recipient of	109887
~~the medical assistance program~~ no earlier than sixty days but not	109888
later than ninety days after the resident dies. The home or	109889
facility shall transfer the money even though the owner or	109890
operator of the facility or home has not been issued letters	109891
testamentary or letters of administration concerning the	109892
resident's estate.	109893

(C) If funeral or burial expenses for a resident of a home or	109894
residential facility who has died have not been paid and the only	109895
resource the resident had that could be used to pay for the	109896
expenses is the money in the resident's personal needs allowance	109897
account, or all other resources of the resident are inadequate to	109898
pay the full cost of the expenses, the money in the resident's	109899
personal needs allowance account shall be used to pay for the	109900
expenses rather than being transferred to the department of ~~job~~	109901
~~and family services~~medicaid pursuant to division (B) of this	109902
section.	109903

(D) If, not later than sixty days after a resident of a home	109904
or residential facility dies, letters testamentary or letters of	109905
administration are issued, or an application for release from	109906
administration is filed under section 2113.03 of the Revised Code,	109907
concerning the resident's estate, the owner or operator of the	109908
home or facility shall transfer the money in the resident's	109909
personal needs allowance account to the administrator, executor,	109910
commissioner, or person who filed the application for release from	109911
administration.	109912

(E) The transfer or use of money in a resident's personal	109913
needs allowance account in accordance with division (B), (C), or	109914
(D) of this section discharges and releases the home or	109915
residential facility, and the owner or operator of the home, from	109916
any claim for the money from any source.	109917

(F) If, sixty-one or more days after a resident of a home or	109918
residential facility dies, letters testamentary or letters of	109919
administration are issued, or an application for release from	109920
administration under section 2113.03 of the Revised Code is filed,	109921
concerning the resident's estate, the department of ~~job and family~~	109922
~~services~~medicaid shall transfer the funds to the administrator,	109923
executor, commissioner, or person who filed the application,	109924
unless the department is entitled to recover the money under the	109925
medicaid estate recovery program instituted under section ~~5111.11~~	109926
5162.21 of the Revised Code.	109927

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	109928
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	109929
5162.02 of the Revised Code permitting county departments of job	109930
and family services ~~may~~to take action to recover benefits	109931
incorrectly paid on behalf of medicaid recipients ~~of medical~~	109932
~~assistance~~. The rules shall provide for recovery by the following	109933
methods:	109934

(1) Soliciting voluntary payments from recipients or from	109935
persons holding property in which a recipient has a legal or	109936
equitable interest;	109937

(2) Obtaining a lien on property pursuant to division (B) of	109938
this section.	109939

(B) A county department of job and family services may bring	109940
a civil action in a court of common pleas against a medicaid	109941
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	109942
~~assistance benefits~~medicaid payments determined by the court to	109943
have been paid incorrectly on behalf of the recipient. All persons	109944
holding property in which the recipient has a legal or equitable	109945
interest may be joined as parties. The court may issue	109946
pre-judgment orders, including injunctive relief or attachment	109947
under Chapter 2715. of the Revised Code, for the preservation of	109948
real or personal property in which the recipient may have a legal	109949
or equitable interest. If the court determines that ~~benefits~~	109950
medicaid payments were ~~paid~~made incorrectly and issues a judgment	109951
to that effect, the county department may obtain a lien upon	109952
property of the recipient in accordance with Chapter 2329. of the	109953
Revised Code.	109954

(C) The county department of job and family services shall	109955
retain fifty per cent of the balance remaining after deduction	109956
from the recovery of the amount required to be returned to the	109957
federal government and shall pay the other fifty per cent of the	109958
balance to the department of ~~job and family services~~medicaid.	109959

(D) Recovery of ~~medical assistance benefits~~medicaid payments	109960
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	109961
be accomplished by reducing the amount of benefits the recipient	109962
is entitled to receive under another government assistance	109963
program.	109964

(E) The remedies provided pursuant to this section do not	109965
affect any other remedies county departments of job and family	109966
services may have to recover benefits incorrectly paid on behalf	109967
of medicaid recipients ~~of medical assistance~~.	109968

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	109969
party" has the same meaning as in section ~~5101.571~~5160.35 of the	109970
Revised Code.	109971

(B) In addition to the authority granted under section	109972
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	109973
~~family services~~medicaid may, to the extent necessary to reimburse	109974
its costs, garnish the wages, salary, or other employment income	109975
of, and withhold amounts from state tax refunds to, any person to	109976
whom both of the following apply:	109977

(1) The person is required by a court or administrative order	109978
to provide coverage of the cost of health care services to a child	109979
eligible for ~~medical assistance under this chapter~~medicaid.	109980

(2) The person has received payment from a third party for	109981
the costs of such services but has not used the payment to	109982
reimburse either the other parent or guardian of the child or the	109983
provider of the services.	109984

(C) Claims for current and past due child support shall take	109985
priority over claims under division (B) of this section.	109986

~~Sec. 5111.83.~~ Sec. 5162.30. (A) ~~Not later than January 1, 2012,~~	109987
~~the~~The medicaid director ~~of job and family services~~ shall ~~apply~~	109988
~~to the United States secretary of health and human services for~~	109989
~~approval of~~create a medicaid administrative claiming program	109990
under which federal financial participation is received as	109991
~~reimbursement~~ for the administrative costs incurred by the	109992
department of health and the Arthur G. James cancer hospital and	109993
Richard J. Solove research institute of the Ohio state university	109994
in analyzing and evaluating both of the following pursuant to	109995
sections 3701.261 ~~to 3701.236~~and 3701.262 of the Revised Code:	109996

(1) Cancer reports under the Ohio cancer incidence	109997
surveillance system;	109998

(2) The incidence, prevalence, costs, and medical	109999
consequences of cancer on medicaid recipients and other low-income	110000
populations.	110001

(B) The medicaid director ~~of job and family services~~ shall	110002
consult with the director of health in ~~seeking approval of~~	110003
creating the medicaid administrative claiming program. ~~The~~	110004
~~directors shall cooperate in seeking the approval to the extent~~	110005
~~they find the approval necessary for the effective and efficient~~	110006
~~administration of the medicaid program.~~	110007

Sec. 5162.31. Local funds, whether from public or private	110008
sources, expended by a county department of job and family	110009
services for administration of the healthy start component shall	110010
be considered to have been expended by the state for the purpose	110011
of determining the extent to which the state has complied with any	110012
federal requirement that the state provide funds to match federal	110013
financial participation for the medicaid program. This section	110014
does not affect the amount of funds a county is entitled to	110015
receive under sections 5101.16 and 5101.161 of the Revised Code.	110016

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	110017
~~5111.93 of the Revised Code:~~	110018

~~(1) "Political subdivision" means a municipal corporation,~~	110019
~~township, county, school district, or other body corporate and~~	110020
~~politic responsible for governmental activities only in a~~	110021
~~geographical area smaller than that of the state.~~	110022

~~(2) "State agency" means every organized body, office, or~~	110023
~~agency, other than the department of job and family services,~~	110024
~~established by the laws of the state for the exercise of any~~	110025
~~function of state government.~~	110026

~~(B) To the extent permitted by Title XIX of the "Social~~	110027
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	110028
~~and regulations adopted under that title, the~~The department of	110029
~~job and family services~~medicaid may enter into contracts with	110030
political subdivisions to use funds of the political subdivision	110031
to pay the nonfederal share of expenditures under the medicaid	110032
program. The determination and provision of federal financial	110033
~~reimbursement~~participation to a subdivision entering into a	110034
contract under this section shall be determined by the department,	110035
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	110036
~~by the United States secretary of health and human services, and~~	110037
~~the availability of federal financial participation~~.	110038

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	110039
~~services~~medicaid may enter into contracts with one or more other	110040
state agencies or political subdivisions to have the state agency	110041
or political subdivision administer one or more components of the	110042
medicaid program, or one or more aspects of a component, under the	110043
department's supervision. A state agency or political subdivision	110044
that enters into such a contract shall comply with the terms of	110045
the contract and any rules the medicaid director ~~of job and family~~	110046
~~services~~ has adopted governing the component, or aspect of the	110047
component, that the state agency or political subdivision is to	110048
administer, including any rules establishing review, audit, and	110049
corrective action plan requirements. A contract with a state	110050
agency shall be in the form of an interagency agreement.	110051

A state agency or political subdivision that enters into a	110052
contract with the department under this section shall reimburse	110053
the department for the nonfederal share of the cost to the	110054
department of performing, or contracting for the performance of, a	110055
fiscal audit of the component of the medicaid program, or aspect	110056
of the component, that the state agency or political subdivision	110057
administers if rules governing the component, or aspect of the	110058
component, require that a fiscal audit be conducted.	110059

~~There is hereby created in the state treasury the medicaid~~	110060
~~administrative reimbursement fund. The department shall use money~~	110061
~~in the fund to pay for the nonfederal share of the cost of a~~	110062
~~fiscal audit for which a state agency or political subdivision is~~	110063
~~required by this section to reimburse the department. The~~	110064
~~department shall deposit the reimbursements into the fund.~~	110065

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	110066
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	110067
~~means the board of education of a city, local, or exempted village~~	110068
~~school district, the governing authority of a community school~~	110069
~~established under Chapter 3314. of the Revised Code, the state~~	110070
~~school for the deaf, and the state school for the blind to which~~	110071
~~both of the following apply:~~	110072

~~(1) It holds a valid medicaid provider agreement.~~

110073

~~(2) It meets all other conditions for participation in the~~	110074
~~medicaid school component of the medicaid program established in~~	110075
~~rules adopted under section 5111.715 of the Revised Code.~~	110076

(B) The medicaid director ~~of job and family services~~ shall	110077
~~submit a state medicaid plan amendment to the United States~~	110078
~~secretary of health and human services for the purpose of creating~~	110079
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	110080
5162.364 of the Revised Code, the medicaid school component of the	110081
medicaid program. ~~The director shall create the medicaid school~~	110082
~~component on receipt of the United States secretary's approval of~~	110083
~~the amendment.~~	110084

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	110085
participating in the medicaid school component of the medicaid	110086
program may submit a claim to the department of ~~job and family~~	110087
~~services~~medicaid for federal financial participation for	110088
providing, in schools, services covered by the medicaid school	110089
component to medicaid recipients who are eligible for the	110090
services. No qualified medicaid school provider may submit such a	110091
claim before the provider incurs the cost of providing the	110092
service.	110093

The claim shall include certification of the qualified	110094
medicaid school provider's expenditures for the service. The	110095
certification shall show that the money the qualified medicaid	110096
school provider used for the expenditures was nonfederal money the	110097
provider may legally use for providing the service and that the	110098
amount of the expenditures was sufficient to pay the full cost of	110099
the service.	110100

Except as otherwise provided in sections ~~5111.71~~5162.36 to	110101
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	110102
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	110103
the Revised Code, a qualified medicaid school provider is subject	110104
to all conditions of participation in the medicaid program that	110105
generally apply to providers of goods and services under the	110106
medicaid program, including conditions regarding audits and	110107
recovery of overpayments.	110108

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	110109
~~services~~medicaid shall seek federal financial participation for	110110
each claim a qualified medicaid school provider properly submits	110111
to the department under section ~~5111.711~~5162.361 of the Revised	110112
Code. The department shall disburse the federal financial	110113
participation the department receives from the federal government	110114
for such a claim to the qualified medicaid school provider that	110115
submitted the claim. The department may not pay the qualified	110116
medicaid school provider the nonfederal share of the cost of the	110117
services for which the claim was submitted.	110118

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	110119
~~services~~medicaid shall enter into an interagency agreement with	110120
the department of education under section ~~5111.91~~5162.35 of the	110121
Revised Code that provides for the department of education to	110122
administer the medicaid school component of the medicaid program	110123
other than the aspects of the component that sections ~~5111.71~~	110124
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	110125
department of ~~job and family services~~medicaid to administer. The	110126
interagency agreement may include a provision that provides for	110127
the department of education to pay to the department of ~~job and~~	110128
~~family services~~medicaid the nonfederal share of a portion of the	110129
administrative expenses the department of ~~job and family services~~	110130
medicaid incurs in administering the aspects of the component that	110131
the department of ~~job and family services~~medicaid administers.	110132

~~The~~To the extent authorized by rules authorized by section	110133
5162.021 of the Revised Code, the department of education shall	110134
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	110135
the Revised Code, a process by which qualified medicaid school	110136
providers participating in the medicaid school component pay to	110137
the department of education the nonfederal share of the	110138
department's expenses incurred in administering the component. The	110139
rules shall be adopted in accordance with Chapter 119. of the	110140
Revised Code.	110141

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	110142
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	110143
5162.02 of the Revised Code as necessary to implement the medicaid	110144
school component of the medicaid program, including rules that	110145
establish or specify all of the following:	110146

(A) Conditions a board of education of a city, local, or	110147
exempted school district, governing authority of a community	110148
school established under Chapter 3314. of the Revised Code, the	110149
state school for the deaf, and the state school for the blind must	110150
meet to participate in the component;	110151

(B) Services the component covers;

110152

(C) ~~Reimbursement~~Payment rates for the services the	110153
component covers.	110154

The rules shall be adopted in accordance with Chapter 119. of	110155
the Revised Code.	110156

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	110157
~~family services~~medicaid enters into with the department of ~~mental~~	110158
~~health or department of alcohol and drug addiction services~~mental	110159
health and addiction services under section ~~5111.91~~5162.35 of the	110160
Revised Code is subject to the approval of the director of budget	110161
and management and shall require or specify all of the following:	110162

(A) ~~In the case of a contract with the department of mental~~	110163
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	110164
be complied with;	110165

(B) ~~In the case of a contract with the department of alcohol~~	110166
~~and drug addiction services, that section 5111.913 of the Revised~~	110167
~~Code be complied with;~~	110168

~~(C)~~ How providers will be paid for providing the services;

110169

~~(D)~~(C) The ~~department of mental health's or department of~~	110170
~~alcohol and drug addiction services'~~ responsibilities of the	110171
department of mental health and addiction services with regard to	110172
providers, including program oversight and quality assurance.	110173

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	110174
~~services~~medicaid enters into a contract with the department of	110175
~~mental health~~mental health and addiction services under section	110176
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	110177
~~family services~~medicaid shall pay the nonfederal share of any	110178
medicaid payment to a provider for services under the component,	110179
or aspect of the component, the department of ~~mental health~~mental	110180
health and addiction services administers. ~~If necessary, the~~	110181
~~director of job and family services shall submit a medicaid state~~	110182
~~plan amendment to the United States secretary of health and human~~	110183
~~services regarding the department of job and family services' duty~~	110184
~~under this section.~~	110185

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	110186
(B) of this section, if a state agency or political subdivision	110187
administers one or more components of the medicaid program that	110188
the United States department of health and human services	110189
approved, and for which federal financial participation was	110190
initially obtained, prior to January 1, 2002, or administers one	110191
or more aspects of such a component, the department of ~~job and~~	110192
~~family services~~medicaid may retain or collect not more than ten	110193
per cent of the federal financial participation the state agency	110194
or political subdivision obtains through an approved,	110195
administrative claim regarding the component or aspect of the	110196
component. If the department retains or collects a percentage of	110197
such federal financial participation, the percentage the	110198
department retains or collects shall be specified in a contract	110199
the department enters into with the state agency or political	110200
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	110201

(2) Except as provided in division (B) of this section, if a	110202
state agency or political subdivision administers one or more	110203
components of the medicaid program that the United States	110204
department of health and human services approved on or after	110205
January 1, 2002, or administers one or more aspects of such a	110206
component, the department of ~~job and family services~~medicaid	110207
shall retain or collect not less than three and not more than ten	110208
per cent of the federal financial participation the state agency	110209
or political subdivision obtains through an approved,	110210
administrative claim regarding the component or aspect of the	110211
component. The percentage the department retains or collects shall	110212
be specified in a contract the department enters into with the	110213
state agency or political subdivision under section ~~5111.91~~	110214
5162.35 of the Revised Code.	110215

(B) ~~The department of job and family services may retain or~~	110216
~~collect a percentage of federal financial participation under~~	110217
~~divisions (A)(1) and (2) of this section only to the extent~~	110218
~~permitted by federal statutes and regulations.~~	110219

~~(C)~~ All amounts the department retains or collects under this	110220
section shall be deposited into the health care services	110221
administration fund created under section ~~5111.94~~5162.54 of the	110222
Revised Code.	110223

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	110224
~~services~~medicaid may retain or collect a percentage of the	110225
federal financial participation included in a supplemental	110226
medicaid payment to one or more medicaid providers owned or	110227
operated by a state agency or political subdivision that brings	110228
the payment to such provider or providers to the upper payment	110229
limit established by 42 C.F.R. 447.272. If the department retains	110230
or collects a percentage of that federal financial participation,	110231
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	110232
~~119.~~section 5162.02 of the Revised Code specifying the percentage	110233
the department is to retain or collect. All amounts the department	110234
retains or collects under this section shall be deposited into the	110235
health care services administration fund created under section	110236
~~5111.94~~5162.54 of the Revised Code.	110237

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	110238
hereby created in the state treasury. All of the following shall	110239
be credited to the fund:	110240

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	110241
Revised Code requires be credited to the fund;	110242

(2) The federal share of all rebates paid by drug	110243
manufacturers to the department of ~~job and family services~~	110244
medicaid in accordance with a rebate agreement required by the	110245
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	110246

(3) The federal share of all supplemental rebates paid by	110247
drug manufacturers to the department of ~~job and family services~~	110248
medicaid in accordance with the supplemental drug rebate program	110249
established under section ~~5111.081~~5164.755 of the Revised Code;	110250

(4) Except as otherwise provided by statute or as authorized	110251
by the controlling board, the federal share of all other	110252
medicaid-related revenues, collections, and recoveries.	110253

(B) All money credited to the health care - federal fund	110254
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	110255
Code shall be used solely for distributing funds to hospitals	110256
under section ~~5112.08~~5168.09 of the Revised Code. The department	110257
of ~~job and family services~~medicaid shall use all other money	110258
credited to the fund to pay for other medicaid services and	110259
contracts.	110260

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	110261
and recoveries fund is hereby created in the state treasury. All	110262
of the following shall be credited to the fund:	110263

(1) Except as otherwise provided by statute or as authorized	110264
by the controlling board, the nonfederal share of all	110265
medicaid-related revenues, collections, and recoveries;	110266

(2) Federal reimbursement received for payment adjustments	110267
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	110268
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	110269
under the medicaid program to state mental health hospitals	110270
maintained and operated by the department of ~~mental health~~mental	110271
health and addiction services under division (A) of section	110272
~~5119.02~~5119.14 of the Revised Code;	110273

(3) Revenues the department of ~~job and family services~~	110274
medicaid receives from another state agency for medicaid services	110275
pursuant to an interagency agreement, other than such revenues	110276
required to be deposited into the health care services	110277
administration fund created under section ~~5111.94~~5162.54 of the	110278
Revised Code;	110279

(4) The first seven hundred fifty thousand dollars the	110280
department receives in a fiscal year for performing eligibility	110281
verification services necessary for compliance with the	110282
independent, certified audit requirement of 42 C.F.R. 455.304;	110283

(5) The nonfederal share of all rebates paid by drug	110284
manufacturers to the department of medicaid in accordance with a	110285
rebate agreement required by the "Social Security Act," section	110286
1927, 42 U.S.C. 1396r-8;	110287

(6) The nonfederal share of all supplemental rebates paid by	110288
drug manufacturers to the department of medicaid in accordance	110289
with the supplemental drug rebate program established under	110290
section 5164.755 of the Revised Code.	110291

(B) The department of ~~job and family services~~medicaid shall	110292
use money credited to the health care/medicaid support and	110293
recoveries fund to pay for medicaid services and contracts.	110294

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	110295
~~offset" means a reduction of a medicaid payment to a medicaid~~	110296
~~provider to correct a previous, incorrect medicaid payment to that~~	110297
~~provider.~~	110298

~~(B)~~ There is hereby created in the state treasury the health	110299
care services administration fund. Except as provided in division	110300
(C) of this section, all the following shall be deposited into the	110301
fund:	110302

(1) Amounts deposited into the fund pursuant to sections	110303
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	110304

(2) The amount of the state share of all money the department	110305
of ~~job and family services, in fiscal year 2003 and each fiscal~~	110306
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	110307
tort action under the department's right of recovery under section	110308
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	110309
of all money the department, in fiscal year 2002, recovers	110310
pursuant to a tort action under that right of recovery;	110311

(3) Subject to division ~~(D)~~(B) of this section, the amount of	110312
the state share of all money the department of ~~job and family~~	110313
~~services~~medicaid, in fiscal year 2003 and each fiscal year	110314
thereafter, recovers through audits of medicaid providers that	110315
exceeds the state share of all money the department, in fiscal	110316
year 2002, recovers through such audits;	110317

(4) Amounts from assessments on hospitals under section	110318
~~5112.06~~5168.06 of the Revised Code and intergovernmental	110319
transfers by governmental hospitals under section ~~5112.07~~5168.07	110320
of the Revised Code that are deposited into the fund in accordance	110321
with the law;	110322

(5) Amounts that the department of education pays to the	110323
department of ~~job and family services~~medicaid, if any, pursuant	110324
to an interagency agreement ~~entered into under~~authorized by	110325
section ~~5111.713~~5162.363 of the Revised Code;	110326

(6) The application fees charged to providers under section	110327
~~5111.063~~5164.31 of the Revised Code;	110328

(7) The fines collected under section ~~5111.271~~5165.1010 of	110329
the Revised Code;	110330

(8) Money the department receives in a fiscal year for	110331
performing eligibility verification services necessary for	110332
compliance with the independent, certified audit requirement of 42	110333
C.F.R. 455.304, other than the amounts of such money that are to	110334
be credited to the health care/medicaid support and recoveries	110335
fund under section 5162.52 of the Revised Code.	110336

~~(C) No funds shall be deposited into the health care services~~	110337
~~administration fund in violation of federal statutes or~~	110338
~~regulations.~~	110339

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	110340
section the amount of money the department, in a fiscal year,	110341
recovers through audits of medicaid providers, the amount	110342
recovered in the form of vendor offset shall be excluded.	110343

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	110344
medicaid shall use funds available in the health care services	110345
administration fund to pay for costs associated with the	110346
administration of the medicaid program.	110347

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	110348
the health care special activities fund. The department of ~~job and~~	110349
~~family services~~medicaid shall deposit all funds it receives	110350
pursuant to the administration of the medicaid program into the	110351
fund, other than any such funds that are required by law to be	110352
deposited into another fund. The department shall use the money in	110353
the fund to pay for expenses related to the services provided	110354
under, and the administration of, the medicaid program.	110355

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

110356

~~"Dual eligible individual" has the same meaning as in section~~	110357
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	110358
~~42 U.S.C. 1396n(h)(2)(B).~~	110359

~~"Dual eligible integrated care demonstration project" means~~	110360
~~the demonstration project authorized by section 5111.981 of the~~	110361
~~Revised Code.~~	110362

~~"Medicare program" means the program created under Title~~	110363
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	110364
~~1395, as amended.~~	110365

~~(B)~~ There is created in the state treasury the integrated	110366
care delivery systems fund. If the terms of the federal approval	110367
for the dual eligible integrated care demonstration project	110368
authorized by section 5164.91 of the Revised Code provide for the	110369
state to receive a portion of the amounts that the demonstration	110370
project saves the medicare program, such amounts shall be	110371
deposited into the fund. The department of ~~job and family services~~	110372
medicaid shall use the money in the fund to further develop	110373
integrated delivery systems and improved care coordination for	110374
dual eligible individuals.	110375

Sec. 5162.60. (A) There is hereby created in the state	110376
treasury the managed care performance payment fund. The fund shall	110377
consist of all of the following:	110378

(1) Amounts transferred to it by the director of budget and	110379
management for the purpose of the managed care performance payment	110380
program established under section 5167.30 of the Revised Code;	110381

(2) All fines imposed on and collected from medicaid managed	110382
care organizations for failure to meet performance standards or	110383
other requirements specified in provider agreements or rules	110384
adopted under section 5167.02 of the Revised Code;	110385

(3) All investment earnings of the fund.

110386

(B) Amounts in the fund may be used for the following:

110387

(1) To make performance payments to medicaid managed care	110388
organizations in accordance with section 5167.30 of the Revised	110389
Code;	110390

(2) To meet obligations specified in the provider agreements;

110391

(3) To pay for medicaid services provided by a medicaid	110392
managed care organization;	110393

(4) To reimburse a medicaid managed care organization that	110394
has paid a fine for failure to meet performance standards or other	110395
requirements specified in provider agreements or rules adopted	110396
under section 5167.02 of the Revised Code if that organization	110397
comes into compliance with those standards or requirements.	110398

Sec. 5162.62. There is hereby created in the state treasury	110399
the medicaid administrative reimbursement fund. The department of	110400
medicaid shall use money in the fund to pay for the nonfederal	110401
share of the cost of a fiscal audit for which a state agency or	110402
political subdivision is required by section 5162.35 of the	110403
Revised Code to reimburse the department. The department shall	110404
deposit the reimbursements into the fund.	110405

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	110406
state treasury the medicaid school program administrative fund.	110407

(B) Both of the following shall be deposited into the	110408
medicaid school program administrative fund:	110409

(1) The federal funds the department of education receives	110410
for the expenses the department incurs in administering the	110411
medicaid school component of the medicaid program created under	110412
section 5162.36 of the Revised Code;	110413

(2) The money the department collects from qualified medicaid	110414
school providers in the process established in rules ~~adopted under~~	110415
authorized by section ~~5111.713~~5162.363 of the Revised Code.	110416

(C) ~~No funds shall be deposited into the medicaid school~~	110417
~~program administrative fund in violation of federal statutes or~~	110418
~~regulations.~~	110419

~~(D)~~ The department of education shall use money in the	110420
medicaid school program administrative fund for both of the	110421
following purposes:	110422

(1) Paying for the expenses the department incurs in	110423
administering the medicaid school component of the medicaid	110424
program;	110425

(2) Paying a qualified medicaid school provider a refund for	110426
any overpayment the provider makes to the department under the	110427
process established in rules ~~adopted under~~authorized by section	110428
~~5111.713~~5162.363 of the Revised Code if the process results in an	110429
overpayment.	110430

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	110431
"deficiency" has the same meaning as in section 5165.60 of the	110432
Revised Code.	110433

The proceeds of all fines, including interest, collected	110434
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	110435
Code shall be deposited in the state treasury to the credit of the	110436
residents protection fund, which is hereby created. The proceeds	110437
of all fines, including interest, collected under section 173.42	110438
of the Revised Code shall be deposited in the state treasury to	110439
the credit of the residents protection fund.	110440

Money in the fund shall be used for the protection of the	110441
health or property of residents of nursing facilities in which the	110442
department of health finds deficiencies, including payment for the	110443
costs of relocation of residents to other facilities, maintenance	110444
of operation of a facility pending correction of deficiencies or	110445
closure, and reimbursement of residents for the loss of money	110446
managed by the facility under section 3721.15 of the Revised Code.	110447
Money in the fund may also be used to make payments under section	110448
~~5111.511~~5165.78 of the Revised Code.	110449

The fund shall be maintained and administered by the	110450
department of ~~job and family services~~medicaid under rules	110451
developed in consultation with the departments of health and aging	110452
and adopted ~~by the director of job and family services~~ under	110453
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	110454
be adopted in accordance with Chapter 119. of the Revised Code.	110455

Sec. 5163.01. As used in this chapter:

110456

"Federal financial participation" has the same meaning as in	110457
section 5160.01 of the Revised Code.	110458

"Federal poverty line" has the same meaning as in section	110459
5162.01 of the Revised Code.	110460

"Healthy start component" has the same meaning as in section	110461
5162.01 of the Revised Code.	110462

"Home and community-based services medicaid waiver component"	110463
has the same meaning as in section 5166.01 of the Revised Code.	110464

"Intermediate care facility for individuals with intellectual	110465
disabilities" and "ICF/IID" have the same meanings as in section	110466
5124.01 of the Revised Code.	110467

"Mandatory eligibility groups" means the groups of	110468
individuals that must be covered by the medicaid state plan as a	110469
condition of the state receiving federal financial participation	110470
for the medicaid program.	110471

"Medicaid buy-in for workers with disabilities program" means	110472
the component of the medicaid program established under sections	110473
5163.09 to 5163.0910 of the Revised Code.	110474

"Medicaid services" has the same meaning as in section	110475
5164.01 of the Revised Code.	110476

"Medicaid waiver component" has the same meaning as in	110477
section 5166.01 of the Revised Code.	110478

"Nursing facility" and "nursing facility services" have the	110479
same meanings as in section 5165.01 of the Revised Code.	110480

"Optional eligibility groups" means the groups of individuals	110481
who may be covered by the medicaid state plan or a federal	110482
medicaid waiver and for whom the medicaid program receives federal	110483
financial participation.	110484

"Other medicaid-funded long-term care services" has the	110485
meaning specified in rules adopted under section 5163.02 of the	110486
Revised Code.	110487

"Supplemental security income program" means the program	110488
established by Title XVI of the "Social Security Act," 42 U.S.C.	110489
1381 et seq.	110490

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	110491
~~family services~~ shall adopt rules ~~establishing~~as necessary to	110492
implement this chapter. The rules shall establish eligibility	110493
requirements for the medicaid program. The rules may establish	110494
requirements for applying for medicaid and determining and	110495
verifying eligibility for medicaid. The rules shall be adopted	110496
~~pursuant to~~in accordance with section 111.15 of the Revised Code	110497
~~and shall be consistent with federal and state law~~. ~~The rules~~	110498
~~shall include rules that do all of the following:~~	110499

(~~1) Establish standards consistent with federal law for~~	110500
~~allocating income and resources as income and resources of the~~	110501
~~spouse, children, parents, or stepparents of a recipient of or~~	110502
~~applicant for medicaid;~~	110503

~~(2) Define the term "resources" as used in division (A)(1) of~~	110504
~~this section;~~	110505

~~(3) Specify the number of months that is to be used for the~~	110506
~~purpose of the term "look-back date" used in section 5111.0116 of~~	110507
~~the Revised Code;~~	110508

~~(4) Establish processes to be used to determine both of the~~	110509
~~following:~~	110510

~~(a) The date an institutionalized individual's ineligibility~~	110511
~~for services under section 5111.0116 of the Revised Code is to~~	110512
~~begin;~~	110513

~~(b) The number of months an institutionalized individual's~~	110514
~~ineligibility for such services is to continue.~~	110515

~~(5) For the purpose of division (C) of section 5111.0116 of~~	110516
~~the Revised Code, establish procedures for granting waivers of all~~	110517
~~or a portion of the period of ineligibility that an~~	110518
~~institutionalized individual would otherwise be subject to under~~	110519
~~that section and additional reasons for which such waivers may be~~	110520
~~granted;~~	110521

~~(6) Define the term "other medicaid-funded long-term care~~	110522
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	110523
~~Revised Code;~~	110524

~~(7) For the purpose of division (C)(2)(c) of section~~	110525
~~5111.0117 of the Revised Code, establish the process to determine~~	110526
~~whether the child of an aged, blind, or disabled individual is~~	110527
~~financially dependent on the individual for housing.~~	110528

~~(B)~~ Notwithstanding any provision of state law, including	110529
statutes, administrative rules, common law, and court rules,	110530
regarding real or personal property or domestic relations, the	110531
standards established under rules adopted under ~~division (A)(1) of~~	110532
this section shall be used to determine eligibility for medicaid.	110533

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	110534
the Revised Code, the medicaid program shall cover all mandatory	110535
eligibility groups.	110536

(B) The medicaid program shall cover all of the optional	110537
eligibility groups that state statutes require the medicaid	110538
program to cover.	110539

(C) The medicaid program may cover any of the optional	110540
eligibility groups to which either of the following applies:	110541

(1) State statutes expressly permit the medicaid program to	110542
cover the optional eligibility group.	110543

(2) State statutes do not address whether the medicaid	110544
program may cover the optional eligibility group.	110545

(D) The medicaid program shall not cover any eligibility	110546
group that state statutes prohibit the medicaid program from	110547
covering.	110548

Sec. 5163.04. The medicaid program shall not cover the group	110549
described in the "Social Security Act," section	110550
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	110551

This section does not affect the medicaid eligibility of any	110552
individual who enrolls in the metrohealth care plus medicaid	110553
waiver component on or after February 5, 2013.	110554

Sec. 5163.05. The medicaid program's eligibility	110555
requirements for aged, blind, and disabled individuals may be more	110556
restrictive than the eligibility requirements for the supplemental	110557
security income program. Any such more restrictive eligibility	110558
requirements shall be consistent with the 209(b) option described	110559
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	110560

Sec. 5163.06. Beginning January 1, 2014, the medicaid	110561
director may alter the eligibility requirements for, and terminate	110562
the medicaid program's coverage of, one or more optional	110563
eligibility groups or subgroups, including the following:	110564

(A) Children placed with adoptive parents who may be covered	110565
by medicaid pursuant to the "Social Security Act," section	110566
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	110567

(B) Low income women and children who may be covered by	110568
medicaid pursuant to the "Social Security Act," section	110569
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	110570

(C) Independent foster care adolescents who may be covered by	110571
medicaid pursuant to the "Social Security Act," section	110572
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	110573

(D) Women in need of treatment for breast or cervical cancer	110574
who may be covered by medicaid pursuant to the "Social Security	110575
Act," section 1902(a)(10)(A)(ii)(XVIII), 42 U.S.C.	110576
1396a(a)(10)(A)(ii)(XVIII);	110577

(E) Low income, nonpregnant individuals who may receive	110578
family planning services and supplies under medicaid pursuant to	110579
the "Social Security Act," section 1902(a)(10)(A)(ii)(XXI), 42	110580
U.S.C. 1396a(a)(10)(A)(ii)(XXI);	110581

(F) Pregnant women who may be determined presumptively	110582
eligible for medicaid pursuant to the "Social Security Act,"	110583
section 1920, 42 U.S.C. 1396r-1;	110584

(G) Children who may be determined presumptively eligible for	110585
medicaid pursuant to the "Social Security Act," section 1920A, 42	110586
U.S.C. 1396r-1a;	110587

(H) Low income parents who may be covered by medicaid	110588
pursuant to the "Social Security Act," section 1931, 42 U.S.C.	110589
1396u-1.	110590

Sec. 5163.061. If the medicaid director alters the	110591
eligibility requirements for, or terminates the medicaid program's	110592
coverage of, an optional eligibility group or subgroup pursuant to	110593
section 5163.06 of the Revised Code, all of the following apply:	110594

(A) In the case of an optional eligibility group or subgroup	110595
for which the eligibility requirements are altered:	110596

(1) No individual enrolled, before the effective date of the	110597
altered eligibility requirements, in medicaid as part of the group	110598
or subgroup shall remain enrolled in medicaid on and after that	110599
effective date unless the individual meets the altered eligibility	110600
requirements for the group or subgroup or meets the eligibility	110601
requirements for another eligibility group or subgroup.	110602

(2) Beginning on the effective date of the altered	110603
eligibility requirements, no individual may enroll in medicaid as	110604
part of the group or subgroup unless the individual meets the	110605
altered eligibility requirements for the group or subgroup or	110606
meets the eligibility requirements for another eligibility group	110607
or subgroup.	110608

(B) In the case of an optional eligibility group or subgroup	110609
whose medicaid coverage is terminated:	110610

(1) No individual enrolled, before the effective date of the	110611
termination, in medicaid as part of the group or subgroup shall	110612
remain enrolled in medicaid on and after that effective date	110613
unless the individual meets the eligibility requirements for	110614
another eligibility group or subgroup.	110615

(2) Beginning on the effective date of the termination, no	110616
individual may enroll in medicaid as part of the group or subgroup	110617
but may enroll in medicaid as part of another group or subgroup	110618
for which the individual meets the eligibility requirements.	110619

(C) The department of medicaid shall take actions as the	110620
department determines necessary, including requiring actions from	110621
county departments of job and family services, to do both of the	110622
following:	110623

(1) Inform medicaid recipients about the altered eligibility	110624
requirements or termination of the medicaid program's coverage of	110625
the group or subgroup;	110626

(2) In the case of medicaid recipients who will cease to be	110627
eligible for medicaid as part of the group or subgroup because of	110628
the altered eligibility requirements or termination of the group's	110629
or subgroup's coverage, offer to assist the recipients with the	110630
following:	110631

(a) To continue to be enrolled in medicaid as part of another	110632
eligibility group or subgroup for which they meet the eligibility	110633
requirements;	110634

(b) Transition to other health coverage options available to	110635
them.	110636

(D) Regarding appeals authorized by section 5160.31 of the	110637
Revised Code:	110638

(1) No individual may appeal a denial of medicaid eligibility	110639
as part of a group or subgroup whose medicaid coverage is	110640
terminated if the denial is for medicaid eligibility that would	110641
begin or continue on or after the effective date of the	110642
termination.	110643

(2) An individual may initiate or continue, on or after the	110644
effective date of the termination, an appeal concerning the	110645
individual's eligibility for medicaid as part of the group or	110646
subgroup if the decision being appealed concerns the individual's	110647
eligibility for medicaid as part of the group or subgroup before	110648
the effective date of the termination.	110649

(3) An appeal initiated or continued pursuant to division	110650
(D)(2) of this section may not result in the appellant being	110651
enrolled, or continuing to be enrolled, in medicaid as part of the	110652
group or subgroup on or after the effective date of the	110653
termination.	110654

(E) The altered eligibility requirements or termination of	110655
the medicaid program's coverage of the group or subgroup has no	110656
effect on either of the following:	110657

(1) An automatic right of recovery given under section	110658
5160.37 of the Revised Code;	110659

(2) An automatic assignment of rights under section 5160.38	110660
of the Revised Code.	110661

(F) All rules, standards, guidelines, or orders regarding the	110662
group or subgroup issued by the medicaid director before the	110663
effective date of the altered eligibility requirements or	110664
termination of the medicaid program's coverage of the group or	110665
subgroup shall be used for the purpose of determining the state's	110666
legal obligations for claims related to the group or subgroup that	110667
arise from any of the following:	110668

(1) Eligibility determinations regarding enrollment in	110669
medicaid before that effective date;	110670

(2) Claims for payment for medicaid services provided before	110671
that effective date;	110672

(3) Recoveries of erroneous medicaid payments.

110673

Sec. 5163.08. The medicaid director shall implement the	110674
option authorized by the "Social Security Act," section	110675
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	110676
twelve-month eligibility period for transitional medicaid.	110677

~~Sec. 5111.70.~~ Sec. 5163.09. (A) As used in sections ~~5111.70~~	110678
5163.09 to ~~5111.7011~~5163.0910 of the Revised Code:	110679

"Applicant" means an individual who applies to participate in	110680
the medicaid buy-in for workers with disabilities program.	110681

"Earned income" has the meaning established by rules ~~adopted~~	110682
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	110683

"Employed individual with a medically improved disability"	110684
has the same meaning as in the "Social Security Act," section	110685
1905(v), 42 U.S.C. 1396d(v).	110686

"Family" means an applicant or participant and the spouse and	110687
dependent children of the applicant or participant. If an	110688
applicant or participant is under eighteen years of age, "family"	110689
also means the parents of the applicant or participant.	110690

~~"Federal poverty guidelines" has the same meaning as in~~	110691
~~section 5101.46 of the Revised Code.~~	110692

"Health insurance" has the meaning established by rules	110693
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	110694
Revised Code.	110695

"Income" means earned income and unearned income.

110696

"Participant" means an individual who has been determined	110697
eligible for the medicaid buy-in for workers with disabilities	110698
program and is participating in the program.	110699

"Resources" has the meaning established by rules ~~adopted~~	110700
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	110701

"Spouse" has the meaning established in rules ~~adopted under~~	110702
authorized by section ~~5111.708~~5163.098 of the Revised Code.	110703

~~"Supplemental security income program" means the program~~	110704
~~established under Title XVI of the "Social Security Act," 86 Stat.~~	110705
~~1329 (1972), 42 U.S.C. 1381, as amended.~~	110706

~~"Medicaid buy-in for workers with disabilities program" means~~	110707
~~the component of the medicaid program established under sections~~	110708
~~5111.70 to 5111.7011 of the Revised Code.~~	110709

"Unearned income" has the meaning established by rules	110710
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	110711
Revised Code.	110712

(B) ~~Not later than one hundred eighty days after the~~	110713
~~effective date of this section, the director of job and family~~	110714
~~services shall submit to the United States secretary of health and~~	110715
~~human services an amendment to the state medicaid plan and any~~	110716
~~federal waiver necessary to establish the medicaid buy-in for~~	110717
~~workers with disabilities program in accordance with~~The medicaid	110718
program shall cover the optional eligibility groups specified in	110719
the "Social Security Act," section 1902(a)(10)(A)(ii)(XV) and	110720
(XVI), 42 U.S.C. 1396a(a) (10)(A)(ii)(XV) and (XVI) ~~and~~in	110721
accordance with sections ~~5111.70~~5163.09 to ~~5111.7011~~5163.0910	110722
of the Revised Code. ~~The director shall implement sections~~	110723
~~5111.701 to 5111.7011 of the Revised Code if the amendment and, if~~	110724
~~needed, federal waiver are approved.~~The medicaid program's	110725
coverage of these optional eligibility groups shall be known as	110726
the medicaid buy-in for workers with disabilities program.	110727

~~Sec. 5111.701.~~ Sec. 5163.091. Under the medicaid buy-in for	110728
workers with disabilities program, an individual who does all of	110729
the following in accordance with rules ~~adopted under~~authorized by	110730
section ~~5111.708~~5163.098 of the Revised Code qualifies for	110731
~~medical assistance under~~ the medicaid program:	110732

(A) Applies for the medicaid buy-in for workers with	110733
disabilities program;	110734

(B) Provides satisfactory evidence of all of the following:

110735

(1) That the individual is at least sixteen years of age and	110736
under sixty-five years of age;	110737

(2) Except as provided in section ~~5111.706~~5163.096 of the	110738
Revised Code, that one of the following applies to the individual:	110739

(a) The individual is considered disabled for the purpose of	110740
the supplemental security income program, regardless of whether	110741
the individual receives supplemental security income benefits, and	110742
the individual has earnings from employment.	110743

(b) The individual is an employed individual with a medically	110744
improved disability.	110745

(3) That the value of the individual's resources, less	110746
amounts disregarded pursuant to rules ~~adopted under~~authorized by	110747
section ~~5111.708~~5163.098 of the Revised Code, does not exceed the	110748
amount provided for by section ~~5111.702~~5163.092 of the Revised	110749
Code;	110750

(4) That the individual's income, less amounts disregarded	110751
pursuant to section ~~5111.703~~5163.093 of the Revised Code, does	110752
not exceed two hundred fifty per cent of the federal poverty	110753
~~guidelines~~line;	110754

(5) That the individual meets the additional eligibility	110755
requirements for the medicaid buy-in for workers with disabilities	110756
program ~~that the director of job and family services establishes~~	110757
established in rules ~~adopted under~~authorized by section ~~5111.708~~	110758
5163.098 of the Revised Code.	110759

(C) To the extent required by section ~~5111.704~~5163.094 of	110760
the Revised Code, pays the premium established under that section.	110761

~~Sec. 5111.702.~~ Sec. 5163.092. (A) Except as provided in division	110762
(B) of this section, the maximum value of resources, less amounts	110763
disregarded pursuant to rules ~~adopted under~~authorized by section	110764
~~5111.708~~5163.098 of the Revised Code, that an individual may have	110765
without the individual exceeding the resource eligibility limit	110766
for the medicaid buy-in for workers with disabilities program	110767
shall not exceed ten thousand dollars.	110768

(B) Each calendar year, the medicaid director ~~of job and~~	110769
~~family services~~ shall adjust the resource eligibility limit	110770
specified in division (A) of this section by the change in the	110771
consumer price index for all items for all urban consumers for the	110772
previous calendar year, as published by the United States bureau	110773
of labor statistics. The annual adjustment shall go into effect on	110774
the earliest date possible.	110775

~~Sec. 5111.703.~~ Sec. 5163.093. For the purpose of determining	110776
whether an individual is within the income eligibility limit for	110777
the medicaid buy-in for workers with disabilities program, all of	110778
the following apply:	110779

(A) Twenty thousand dollars of the individual's earned income	110780
shall be disregarded.	110781

(B) No amount that the individual's employer pays to obtain	110782
health insurance for one or more members of the individual's	110783
family, including any amount of a premium established under	110784
section ~~5111.704~~5163.094 of the Revised Code that the employer	110785
pays, shall be treated as the individual's income.	110786

(C) Any other amounts, if any, specified in rules ~~adopted~~	110787
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code	110788
shall be disregarded from the individual's earned income, unearned	110789
income, or both.	110790

~~Sec. 5111.704.~~ Sec. 5163.094. An individual whose income exceeds	110791
one hundred fifty per cent of the federal poverty ~~guidelines~~line	110792
shall pay an annual premium as a condition of qualifying for the	110793
medicaid buy-in for workers with disabilities program. The amount	110794
of the premium shall be determined as follows:	110795

(A) Subtract one hundred fifty per cent of the federal	110796
poverty ~~guidelines~~line, as applicable for a family size equal to	110797
the size of the individual's family, from the amount of the income	110798
of the individual's family;	110799

(B) Subtract an amount specified in rules ~~adopted under~~	110800
authorized by section ~~5111.708~~5163.098 of the Revised Code from	110801
the difference determined under division (A) of this section;	110802

(C) Multiply the difference determined under division (B) of	110803
this section by one tenth.	110804

~~Sec. 5111.705.~~ Sec. 5163.095. No individual shall be denied	110805
eligibility for the medicaid buy-in for workers with disabilities	110806
program on the basis that the individual receives services under a	110807
home and community-based services medicaid waiver component as	110808
~~defined in section 5111.85 of the Revised Code~~.	110809

~~Sec. 5111.706.~~ Sec. 5163.096. An individual participating in the	110810
medicaid buy-in for workers with disabilities program may continue	110811
to participate in the program for up to six months even though the	110812
individual ceases to have earnings from employment or to be an	110813
employed individual with a medically improved disability due to	110814
ceasing to be employed if the individual continues to meet all	110815
other eligibility requirements for the program.	110816

~~Sec. 5111.707.~~ Sec. 5163.097. If the United States secretary of	110817
health and human services requires that a provision ~~in the~~	110818
~~amendment to the state medicaid plan or the federal waiver request~~	110819
~~submitted under section 5111.70 of the Revised Code~~of the	110820
medicaid buy-in for workers with disabilities program be changed	110821
or removed in order for the secretary to approve the ~~amendment or~~	110822
~~waiver~~program or to avoid an extended delay in the secretary's	110823
approval, the medicaid director ~~of job and family services~~ shall	110824
make the change or removal. The change or removal may cause the	110825
medicaid buy-in for workers with disabilities program to include a	110826
provision that is inconsistent with sections ~~5111.70~~5163.09 to	110827
~~5111.706~~5163.096 of the Revised Code. Such a change or removal	110828
shall be made only to the extent necessary to obtain the United	110829
States secretary's approval or avoid an extended delay in the	110830
secretary's approval and shall be reflected in rules ~~adopted~~	110831
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	110832

~~Sec. 5111.708.~~ Sec. 5163.098. (A) The medicaid director ~~of job and~~	110833
~~family services~~ shall adopt rules ~~in accordance with Chapter 119.~~	110834
under section 5163.02 of the Revised Code as necessary to	110835
implement the medicaid buy-in for workers with disabilities	110836
program. The rules shall do all of the following:	110837

(1) Specify assets, asset values, and amounts to be	110838
disregarded in determining asset and income eligibility limits for	110839
the program;	110840

(2) Establish meanings for the terms "earned income," "health	110841
insurance," "resources," "spouse," and "unearned income";	110842

(3) Establish additional eligibility requirements for the	110843
program that must be established for the United States secretary	110844
of health and human services to approve the program;	110845

(4) For the purpose of division (B) of section ~~5111.704~~	110846
5163.094 of the Revised Code, specify an amount to be subtracted	110847
from the difference determined under division (A) of that section.	110848

(B) The director may adopt rules ~~in accordance with Chapter~~	110849
~~119.~~under section 5163.02 of the Revised Code to specify amounts	110850
to be disregarded from an individual's earned income, unearned	110851
income, or both under division (C) of section ~~5111.703~~5163.093 of	110852
the Revised Code for the purpose of determining whether the	110853
individual is within the income eligibility limit for the medicaid	110854
buy-in for workers with disabilities program.	110855

~~Sec. 5111.709.~~ Sec. 5163.099. (A) There is hereby created the	110856
medicaid buy-in advisory council. The council shall consist of all	110857
of the following:	110858

(1) The following voting members:

110859

(a) The executive director of assistive technology of Ohio or	110860
the executive director's designee;	110861

(b) The director of the axis center for public awareness of	110862
people with disabilities or the director's designee;	110863

(c) The executive director of the cerebral palsy association	110864
of Ohio or the executive director's designee;	110865

(d) The chief executive officer of Ohio advocates for mental	110866
health or the chief executive officer's designee;	110867

(e) The state director of the Ohio chapter of AARP or the	110868
state director's designee;	110869

(f) The director of the Ohio developmental disabilities	110870
council created under section 5123.35 of the Revised Code or the	110871
director's designee;	110872

(g) The executive director of the governor's council on	110873
people with disabilities created under section 3303.41 of the	110874
Revised Code or the executive director's designee;	110875

(h) The chairperson of the Ohio Olmstead task force or the	110876
chairperson's designee;	110877

(i) The executive director of the Ohio statewide independent	110878
living council or the executive director's designee;	110879

(j) The president of the Ohio chapter of the national	110880
multiple sclerosis society or the president's designee;	110881

(k) The executive director of the arc of Ohio or the	110882
executive director's designee;	110883

(l) The executive director of the commission on minority	110884
health or the executive director's designee;	110885

(m) The executive director of the brain injury association of	110886
Ohio or the executive director's designee;	110887

(n) The executive officer of any other advocacy organization	110888
who volunteers to serve on the council, or such an executive	110889
officer's designee, if the other voting members, at a meeting	110890
called by the chairperson elected under division (C) of this	110891
section, determine it is appropriate for the advocacy organization	110892
to be represented on the council;	110893

(o) One or more participants who volunteer to serve on the	110894
council and are selected by the other voting members at a meeting	110895
the chairperson calls after the medicaid buy-in for workers with	110896
disabilities program is implemented.	110897

(2) The following non-voting members:

110898

(a) The medicaid director ~~of job and family services~~ or the	110899
director's designee;	110900

(b) The administrator of the rehabilitation services	110901
commission or the administrator's designee;	110902

(c) ~~The director of alcohol and drug addiction services or~~	110903
~~the director's designee;~~	110904

~~(d)~~ The director of developmental disabilities or the	110905
director's designee;	110906

~~(e)~~(d) The director of mental health and addiction services	110907
or the director's designee;	110908

~~(f)~~(e) The executive officer of any other government entity,	110909
or the executive officer's designee, if the voting members, at a	110910
meeting called by the chairperson, determine it is appropriate for	110911
the government entity to be represented on the council.	110912

(B) All members of the medicaid buy-in advisory council shall	110913
serve without compensation or reimbursement, except as serving on	110914
the council is considered part of their usual job duties.	110915

(C) The voting members of the medicaid buy-in advisory	110916
council shall elect one of the members of the council to serve as	110917
the council's chairperson for a two-year term. The chairperson may	110918
be re-elected to successive terms.	110919

(D) The department of ~~job and family services~~medicaid shall	110920
provide the Ohio medicaid buy-in advisory council with	110921
accommodations for the council to hold its meetings and shall	110922
provide the council with other administrative assistance the	110923
council needs to perform its duties.	110924

~~Sec. 5111.7011.~~ Sec. 5163.0910. Not less than once each year, the	110925
medicaid director ~~of job and family services~~ shall submit a	110926
report on the medicaid buy-in for workers with disabilities	110927
program to the governor, speaker and minority leader of the house	110928
of representatives, president and minority leader of the senate,	110929
and chairpersons of the house and senate committees to which the	110930
biennial operating budget bill is referred. The report shall	110931
include all of the following information:	110932

(A) The number of individuals who participated in the	110933
medicaid buy-in for workers with disabilities program;	110934

(B) The cost of the program;

110935

(C) The amount of revenue generated by premiums that	110936
participants pay under section ~~5111.704~~5163.094 of the Revised	110937
Code;	110938

(D) The average amount of earned income of participants'	110939
families;	110940

(E) The average amount of time participants have participated	110941
in the program;	110942

(F) The types of other health insurance participants have	110943
been able to obtain.	110944

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	110945
~~assistance~~ is the beneficiary of a trust created pursuant to	110946
section 5815.28 of the Revised Code, then, notwithstanding any	110947
contrary provision of this chapter or of a rule adopted ~~pursuant~~	110948
~~to this chapter~~under section 5163.02 of the Revised Code,	110949
divisions (C) and (D) of that section shall apply in determining	110950
the assets or resources of the recipient, the recipient's estate,	110951
the settlor, or the settlor's estate and to claims arising under	110952
this chapter against the recipient, the recipient's estate, the	110953
settlor, or the settlor's estate.	110954

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	110955
either of the following:	110956

(a) Initial eligibility determinations for the medicaid	110957
program ~~made by the department of job and family services pursuant~~	110958
~~to section 5101.47 of the Revised Code or by a county department~~	110959
~~of job and family services pursuant to section 5111.012 of the~~	110960
~~Revised Code~~;	110961

(b) An appeal from aan initial eligibility determination	110962
~~described in division (A)(1)(a) of this section~~ pursuant to	110963
section ~~5101.35~~5160.31 of the Revised Code.	110964

(2)(a) Except as provided in division (A)(2)(b) of this	110965
section, this section shall not be used by a court to determine	110966
the effect of a trust on an individual's initial eligibility for	110967
the medicaid program.	110968

(b) The prohibition in division (A)(2)(a) of this section	110969
does not apply to an appeal described in division (A)(1)(b) of	110970
this section.	110971

(B) As used in this section:

110972

(1) "Trust" means any arrangement in which a grantor	110973
transfers real or personal property to a trust with the intention	110974
that it be held, managed, or administered by at least one trustee	110975
for the benefit of the grantor or beneficiaries. "Trust" includes	110976
any legal instrument or device similar to a trust.	110977

(2) "Legal instrument or device similar to a trust" includes,	110978
but is not limited to, escrow accounts, investment accounts,	110979
partnerships, contracts, and other similar arrangements that are	110980
not called trusts under state law but are similar to a trust and	110981
to which all of the following apply:	110982

(a) The property in the trust is held, managed, retained, or	110983
administered by a trustee.	110984

(b) The trustee has an equitable, legal, or fiduciary duty to	110985
hold, manage, retain, or administer the property for the benefit	110986
of the beneficiary.	110987

(c) The trustee holds identifiable property for the	110988
beneficiary.	110989

(3) "Grantor" is a person who creates a trust, including all	110990
of the following:	110991

(a) An individual;

110992

(b) An individual's spouse;

110993

(c) A person, including a court or administrative body, with	110994
legal authority to act in place of or on behalf of an individual	110995
or an individual's spouse;	110996

(d) A person, including a court or administrative body, that	110997
acts at the direction or on request of an individual or the	110998
individual's spouse.	110999

(4) "Beneficiary" is a person or persons, including a	111000
grantor, who benefits in some way from a trust.	111001

(5) "Trustee" is a person who manages a trust's principal and	111002
income for the benefit of the beneficiaries.	111003

(6) "Person" has the same meaning as in section 1.59 of the	111004
Revised Code and includes an individual, corporation, business	111005
trust, estate, trust, partnership, and association.	111006

(7) "Applicant" is an individual who applies for medicaid or	111007
the individual's spouse.	111008

(8) "Recipient" is an individual who receives medicaid or the	111009
individual's spouse.	111010

(9) "Revocable trust" is a trust that can be revoked by the	111011
grantor or the beneficiary, including all of the following, even	111012
if the terms of the trust state that it is irrevocable:	111013

(a) A trust that provides that the trust can be terminated	111014
only by a court;	111015

(b) A trust that terminates on the happening of an event, but	111016
only if the event occurs at the direction or control of the	111017
grantor, beneficiary, or trustee.	111018

(10) "Irrevocable trust" is a trust that cannot be revoked by	111019
the grantor or terminated by a court and that terminates only on	111020
the occurrence of an event outside of the control or direction of	111021
the beneficiary or grantor.	111022

(11) "Payment" is any disbursal from the principal or income	111023
of the trust, including actual cash, noncash or property	111024
disbursements, or the right to use and occupy real property.	111025

(12) "Payments to or for the benefit of the applicant or	111026
recipient" is a payment to any person resulting in a direct or	111027
indirect benefit to the applicant or recipient.	111028

(13) "Testamentary trust" is a trust that is established by a	111029
will and does not take effect until after the death of the person	111030
who created the trust.	111031

(C)(1) If an applicant or recipient is a beneficiary of a	111032
trust, the applicant or recipient shall submit a complete copy of	111033
the trust instrument to the county department of job and family	111034
services and the department of medicaid. A copy shall be	111035
considered complete if it contains all pages of the trust	111036
instrument and all schedules, attachments, and accounting	111037
statements referenced in or associated with the trust. The copy is	111038
confidential and is not subject to disclosure under section 149.43	111039
of the Revised Code.	111040

(2) On receipt of a copy of a trust instrument or otherwise	111041
determining that an applicant or recipient is a beneficiary of a	111042
trust, the county department of job and family services shall	111043
determine what type of trust it is and shall treat the trust in	111044
accordance with the appropriate provisions of this section and	111045
rules adopted ~~by the department of job and family services~~under	111046
section 5163.02 of the Revised Code governing trusts. The county	111047
department of job and family services may determine that any of	111048
the following is the case regarding the trust or portion of the	111049
trust:	111050

(a) IsIt is a resource available to the applicant or	111051
recipient;	111052

(b) ~~Contains~~It contains income available to the applicant or	111053
recipient;	111054

(c) ~~Constitutes both items described in divisions~~Divisions	111055
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	111056

(d) ~~Is neither an item described in~~Neither division	111057
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	111058

~~(2)~~(3) Except as provided in division (F) of this section, a	111059
trust or portion of a trust that is a resource available to the	111060
applicant or recipient or contains income available to the	111061
applicant or recipient shall be counted for purposes of	111062
determining medicaid eligibility.	111063

(D)(1) A trust or legal instrument or device similar to a	111064
trust shall be considered a medicaid qualifying trust if all of	111065
the following apply:	111066

(a) The trust was established on or prior to August 10, 1993.

111067

(b) The trust was not established by a will.

111068

111069

(d) The applicant or recipient is or may become the	111070
beneficiary of all or part of the trust.	111071

(e) Payment from the trust is determined by one or more	111072
trustees who are permitted to exercise any discretion with respect	111073
to the distribution to the applicant or recipient.	111074

(2) If a trust meets the requirement of division (D)(1) of	111075
this section, the amount of the trust that is considered by the	111076
county department of job and family services to be a resource	111077
available to the applicant or recipient shall be the maximum	111078
amount of payments permitted under the terms of the trust to be	111079
distributed to the applicant or recipient, assuming the full	111080
exercise of discretion by the trustee or trustees. The maximum	111081
amount shall include only amounts that are permitted to be	111082
distributed but are not distributed from either the income or	111083
principal of the trust.	111084

(3) Amounts that are actually distributed from a medicaid	111085
qualifying trust to a beneficiary for any purpose shall be treated	111086
in accordance with rules adopted ~~by the department of job and~~	111087
~~family services~~under section 5163.02 of the Revised Code	111088
governing income.	111089

(4) Availability of a medicaid qualifying trust shall be	111090
considered without regard to any of the following:	111091

(a) Whether or not the trust is irrevocable or was	111092
established for purposes other than to enable a grantor to qualify	111093
for medicaid~~, medical assistance for covered families and~~	111094
~~children, or as a qualified medicare beneficiary, specified~~	111095
~~low-income medicare beneficiary, qualifying individual-1, or~~	111096
~~qualifying individual-2~~;	111097

(b) Whether or not the trustee actually exercises discretion.

111098

(5) If any real or personal property is transferred to a	111099
medicaid qualifying trust that is not distributable to the	111100
applicant or recipient, the transfer shall be considered an	111101
improper disposition of assets and shall be subject to section	111102
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	111103
section adopted under section ~~5111.011~~5163.02 of the Revised	111104
Code.	111105

(6) The baseline date for the look-back period for	111106
disposition of assets involving a medicaid qualifying trust shall	111107
be the date on which the applicant or recipient is both	111108
institutionalized and first applies for medicaid.	111109

(E)(1) A trust or legal instrument or device similar to a	111110
trust shall be considered a self-settled trust if all of the	111111
following apply:	111112

(a) The trust was established on or after August 11, 1993.

111113

(b) The trust was not established by a will.

111114

(c) The trust was established by an applicant or recipient,	111115
spouse of an applicant or recipient, or a person, including a	111116
court or administrative body, with legal authority to act in place	111117
of or on behalf of an applicant, recipient, or spouse, or acting	111118
at the direction or on request of an applicant, recipient, or	111119
spouse.	111120

(2) A trust that meets the requirements of division (E)(1) of	111121
this section and is a revocable trust shall be treated by the	111122
county department of job and family services as follows:	111123

(a) The corpus of the trust shall be considered a resource	111124
available to the applicant or recipient.	111125

(b) Payments from the trust to or for the benefit of the	111126
applicant or recipient shall be considered unearned income of the	111127
applicant or recipient.	111128

(c) Any other payments from the trust shall be considered an	111129
improper disposition of assets and shall be subject to section	111130
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	111131
section adopted under section ~~5111.011~~5163.02 of the Revised	111132
Code.	111133

(3) A trust that meets the requirements of division (E)(1) of	111134
this section and is an irrevocable trust shall be treated by the	111135
county department of job and family services as follows:	111136

(a) If there are any circumstances under which payment from	111137
the trust could be made to or for the benefit of the applicant or	111138
recipient, including a payment that can be made only in the	111139
future, the portion from which payments could be made shall be	111140
considered a resource available to the applicant or recipient. The	111141
county department of job and family services shall not take into	111142
account when payments can be made.	111143

(b) Any payment that is actually made to or for the benefit	111144
of the applicant or recipient from either the corpus or income	111145
shall be considered unearned income.	111146

(c) If a payment is made to someone other than to the	111147
applicant or recipient and the payment is not for the benefit of	111148
the applicant or recipient, the payment shall be considered an	111149
improper disposition of assets and shall be subject to section	111150
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	111151
section adopted under section ~~5111.011~~5163.02 of the Revised	111152
Code.	111153

(d) The date of the disposition shall be the later of the	111154
date of establishment of the trust or the date of the occurrence	111155
of the event.	111156

(e) When determining the value of the disposed asset under	111157
this provision, the value of the trust shall be its value on the	111158
date payment to the applicant or recipient was foreclosed.	111159

(f) Any income earned or other resources added subsequent to	111160
the foreclosure date shall be added to the total value of the	111161
trust.	111162

(g) Any payments to or for the benefit of the applicant or	111163
recipient after the foreclosure date but prior to the application	111164
date shall be subtracted from the total value. Any other payments	111165
shall not be subtracted from the value.	111166

(h) Any addition of assets after the foreclosure date shall	111167
be considered a separate disposition.	111168

(4) If a trust is funded with assets of another person or	111169
persons in addition to assets of the applicant or recipient, the	111170
applicable provisions of this section and rules adopted ~~by the~~	111171
~~department of job and family services~~under section 5163.02 of the	111172
Revised Code governing trusts shall apply only to the portion of	111173
the trust attributable to the applicant or recipient.	111174

(5) The availability of a self-settled trust shall be	111175
considered without regard to any of the following:	111176

(a) The purpose for which the trust is established;

111177

(b) Whether the trustees have exercised or may exercise	111178
discretion under the trust;	111179

(c) Any restrictions on when or whether distributions may be	111180
made from the trust;	111181

(d) Any restrictions on the use of distributions from the	111182
trust.	111183

(6) The baseline date for the look-back period for	111184
dispositions of assets involving a self-settled trust shall be the	111185
date on which the applicant or recipient is both institutionalized	111186
and first applies for medicaid.	111187

(F) The principal or income from any of the following shall	111188
not be a resource available to the applicant or recipient:	111189

(1)(a) A special needs trust that meets all of the following	111190
requirements:	111191

(i) The trust contains assets of an applicant or recipient	111192
under sixty-five years of age and may contain the assets of other	111193
individuals.	111194

(ii) The applicant or recipient is disabled as defined in	111195
rules adopted ~~by the department of job and family services~~under	111196
section 5163.02 of the Revised Code.	111197

(iii) The trust is established for the benefit of the	111198
applicant or recipient by a parent, grandparent, legal guardian,	111199
or a court.	111200

(iv) The trust requires that on the death of the applicant or	111201
recipient the state will receive all amounts remaining in the	111202
trust up to an amount equal to the total amount of medicaid ~~paid~~	111203
payments made on behalf of the applicant or recipient.	111204

(b) If a special needs trust meets the requirements of	111205
division (F)(1)(a) of this section and has been established for a	111206
disabled applicant or recipient under sixty-five years of age, the	111207
exemption for the trust granted pursuant to division (F) of this	111208
section shall continue after the disabled applicant or recipient	111209
becomes sixty-five years of age if the applicant or recipient	111210
continues to be disabled as defined in rules adopted ~~by the~~	111211
~~department of job and family services~~under section 5163.02 of the	111212
Revised Code. Except for income earned by the trust, the grantor	111213
shall not add to or otherwise augment the trust after the	111214
applicant or recipient attains sixty-five years of age. An	111215
addition or augmentation of the trust by the applicant or	111216
recipient with the applicant's own assets after the applicant or	111217
recipient attains sixty-five years of age shall be treated as an	111218
improper disposition of assets.	111219

(c) Cash distributions to the applicant or recipient shall be	111220
counted as unearned income. All other distributions from the trust	111221
shall be treated as provided in rules adopted ~~by the department of~~	111222
~~job and family services~~under section 5163.02 of the Revised Code	111223
governing in-kind income.	111224

(d) Transfers of assets to a special needs trust shall not be	111225
treated as an improper transfer of resources. An asset held prior	111226
to the transfer to the trust shall be considered as a resource	111227
available to the applicant or recipient, income available to the	111228
applicant or recipient, or both a resource and income available to	111229
the individual.	111230

(2)(a) A qualifying income trust that meets all of the	111231
following requirements:	111232

(i) The trust is composed only of pension, social security,	111233
and other income to the applicant or recipient, including	111234
accumulated interest in the trust.	111235

(ii) The income is received by the individual and the right	111236
to receive the income is not assigned or transferred to the trust.	111237

(iii) The trust requires that on the death of the applicant	111238
or recipient the state will receive all amounts remaining in the	111239
trust up to an amount equal to the total amount of medicaid ~~paid~~	111240
payments made on behalf of the applicant or recipient.	111241

(b) No resources shall be used to establish or augment the	111242
trust.	111243

(c) If an applicant or recipient has irrevocably transferred	111244
or assigned the applicant's or recipient's right to receive income	111245
to the trust, the trust shall not be considered a qualifying	111246
income trust by the county department of job and family services.	111247

(d) Income placed in a qualifying income trust shall not be	111248
counted in determining an applicant's or recipient's eligibility	111249
for medicaid. The recipient of the funds may place any income	111250
directly into a qualifying income trust without those funds	111251
adversely affecting the applicant's or recipient's eligibility for	111252
medicaid. Income generated by the trust that remains in the trust	111253
shall not be considered as income to the applicant or recipient.	111254

(e) All income placed in a qualifying income trust shall be	111255
combined with any income available to the individual that is not	111256
placed in the trust to arrive at a base income figure to be used	111257
for spend down calculations.	111258

(f) The base income figure shall be used for post-eligibility	111259
deductions, including personal needs allowance, monthly income	111260
allowance, family allowance, and medical expenses not subject to	111261
third party payment. Any income remaining shall be used toward	111262
payment of patient liability. Payments made from a qualifying	111263
income trust shall not be combined with the base income figure for	111264
post-eligibility calculations.	111265

(g) The base income figure shall be used when determining the	111266
spend down budget for the applicant or recipient. Any income	111267
remaining after allowable deductions are permitted as provided	111268
under rules adopted ~~by the department of job and family services~~	111269
under section 5163.02 of the Revised Code shall be considered the	111270
applicant's or recipient's spend down liability.	111271

(3)(a) A pooled trust that meets all of the following	111272
requirements:	111273

(i) The trust contains the assets of the applicant or	111274
recipient of any age who is disabled as defined in rules adopted	111275
~~by the department of job and family services~~under section 5163.02	111276
of the Revised Code.	111277

(ii) The trust is established and managed by a nonprofit	111278
organization.	111279

(iii) A separate account is maintained for each beneficiary	111280
of the trust but, for purposes of investment and management of	111281
funds, the trust pools the funds in these accounts.	111282

(iv) Accounts in the trust are established by the applicant	111283
or recipient, the applicant's or recipient's parent, grandparent,	111284
or legal guardian, or a court solely for the benefit of	111285
individuals who are disabled.	111286

(v) The trust requires that, to the extent that any amounts	111287
remaining in the beneficiary's account on the death of the	111288
beneficiary are not retained by the trust, the trust pay to the	111289
state the amounts remaining in the trust up to an amount equal to	111290
the total amount of medicaid ~~paid~~payments made on behalf of the	111291
beneficiary.	111292

(b) Cash distributions to the applicant or recipient shall be	111293
counted as unearned income. All other distributions from the trust	111294
shall be treated as provided in rules adopted ~~by the department of~~	111295
~~job and family services~~under section 5163.02 of the Revised Code	111296
governing in-kind income.	111297

(c) Transfers of assets to a pooled trust shall not be	111298
treated as an improper disposition of assets. An asset held prior	111299
to the transfer to the trust shall be considered as a resource	111300
available to the applicant or recipient, income available to the	111301
applicant or recipient, or both a resource and income available to	111302
the applicant or recipient.	111303

(4) A supplemental services trust that meets the requirements	111304
of section 5815.28 of the Revised Code and to which all of the	111305
following apply:	111306

(a) A person may establish a supplemental services trust	111307
pursuant to section 5815.28 of the Revised Code only for another	111308
person who is eligible to receive services through one of the	111309
following agencies:	111310

(i) The department of developmental disabilities;

111311

(ii) A county board of developmental disabilities;

111312

(iii) The department of ~~mental health~~mental health and	111313
addiction services;	111314

(iv) A board of alcohol, drug addiction, and mental health	111315
services.	111316

(b) A county department of job and family services shall not	111317
determine eligibility for another agency's program. An applicant	111318
or recipient shall do one of the following:	111319

(i) Provide documentation from one of the agencies listed in	111320
division (F)(4)(a) of this section that establishes that the	111321
applicant or recipient was determined to be eligible for services	111322
from the agency at the time of the creation of the trust;	111323

(ii) Provide an order from a court of competent jurisdiction	111324
that states that the applicant or recipient was eligible for	111325
services from one of the agencies listed in division (F)(4)(a) of	111326
this section at the time of the creation of the trust.	111327

(c) At the time the trust is created, the trust principal	111328
does not exceed the maximum amount permitted. The maximum amount	111329
permitted in calendar year 2006 is two hundred twenty-two thousand	111330
dollars. Each year thereafter, the maximum amount permitted is the	111331
prior year's amount plus two thousand dollars.	111332

(d) A county department of job and family services shall	111333
review the trust to determine whether it complies with the	111334
provisions of section 5815.28 of the Revised Code.	111335

(e) Payments from supplemental services trusts shall be	111336
exempt as long as the payments are for supplemental services as	111337
defined in rules adopted ~~by the department of job and family~~	111338
~~services~~under section 5163.02 of the Revised Code. All	111339
supplemental services shall be purchased by the trustee and shall	111340
not be purchased through direct cash payments to the beneficiary.	111341

(f) If a trust is represented as a supplemental services	111342
trust and a county department of job and family services	111343
determines that the trust does not meet the requirements provided	111344
in division (F)(4) of this section and section 5815.28 of the	111345
Revised Code, the county department of job and family services	111346
shall not consider it an exempt trust.	111347

(G)(1) A trust or legal instrument or device similar to a	111348
trust shall be considered a trust established by an individual for	111349
the benefit of the applicant or recipient if all of the following	111350
apply:	111351

(a) The trust is created by a person other than the applicant	111352
or recipient.	111353

(b) The trust names the applicant or recipient as a	111354
beneficiary.	111355

(c) The trust is funded with assets or property in which the	111356
applicant or recipient has never held an ownership interest prior	111357
to the establishment of the trust.	111358

(2) Any portion of a trust that meets the requirements of	111359
division (G)(1) of this section shall be a resource available to	111360
the applicant or recipient only if the trust permits the trustee	111361
to expend principal, corpus, or assets of the trust for the	111362
applicant's or recipient's medical care, care, comfort,	111363
maintenance, health, welfare, general well being, or any	111364
combination of these purposes.	111365

(3) A trust that meets the requirements of division (G)(1) of	111366
this section shall be considered a resource available to the	111367
applicant or recipient even if the trust contains any of the	111368
following types of provisions:	111369

(a) A provision that prohibits the trustee from making	111370
payments that would supplant or replace medicaid or other public	111371
assistance;	111372

(b) A provision that prohibits the trustee from making	111373
payments that would impact or have an effect on the applicant's or	111374
recipient's right, ability, or opportunity to receive medicaid or	111375
other public assistance;	111376

(c) A provision that attempts to prevent the trust or its	111377
corpus or principal from being a resource available to the	111378
applicant or recipient.	111379

(4) A trust that meets the requirements of division (G)(1) of	111380
this section shall not be counted as a resource available to the	111381
applicant or recipient if at least one of the following	111382
circumstances applies:	111383

(a) If a trust contains a clear statement requiring the	111384
trustee to preserve a portion of the trust for another beneficiary	111385
or remainderman, that portion of the trust shall not be counted as	111386
a resource available to the applicant or recipient. Terms of a	111387
trust that grant discretion to preserve a portion of the trust	111388
shall not qualify as a clear statement requiring the trustee to	111389
preserve a portion of the trust.	111390

(b) If a trust contains a clear statement requiring the	111391
trustee to use a portion of the trust for a purpose other than	111392
medical care, care, comfort, maintenance, welfare, or general well	111393
being of the applicant or recipient, that portion of the trust	111394
shall not be counted as a resource available to the applicant or	111395
recipient. Terms of a trust that grant discretion to limit the use	111396
of a portion of the trust shall not qualify as a clear statement	111397
requiring the trustee to use a portion of the trust for a	111398
particular purpose.	111399

(c) If a trust contains a clear statement limiting the	111400
trustee to making fixed periodic payments, the trust shall not be	111401
counted as a resource available to the applicant or recipient and	111402
payments shall be treated in accordance with rules adopted ~~by the~~	111403
~~department of job and family services~~under section 5163.02 of the	111404
Revised Code governing income. Terms of a trust that grant	111405
discretion to limit payments shall not qualify as a clear	111406
statement requiring the trustee to make fixed periodic payments.	111407

(d) If a trust contains a clear statement that requires the	111408
trustee to terminate the trust if it is counted as a resource	111409
available to the applicant or recipient, the trust shall not be	111410
counted as such. Terms of a trust that grant discretion to	111411
terminate the trust do not qualify as a clear statement requiring	111412
the trustee to terminate the trust.	111413

(e) If a person obtains a judgment from a court of competent	111414
jurisdiction that expressly prevents the trustee from using part	111415
or all of the trust for the medical care, care, comfort,	111416
maintenance, welfare, or general well being of the applicant or	111417
recipient, the trust or that portion of the trust subject to the	111418
court order shall not be counted as a resource available to the	111419
applicant or recipient.	111420

(f) If a trust is specifically exempt from being counted as a	111421
resource available to the applicant or recipient by a provision of	111422
the Revised Code, rules, or federal law, the trust shall not be	111423
counted as such.	111424

(g) If an applicant or recipient presents a final judgment	111425
from a court demonstrating that the applicant or recipient was	111426
unsuccessful in a civil action against the trustee to compel	111427
payments from the trust, the trust shall not be counted as a	111428
resource available to the applicant or recipient.	111429

(h) If an applicant or recipient presents a final judgment	111430
from a court demonstrating that in a civil action against the	111431
trustee the applicant or recipient was only able to compel limited	111432
or periodic payments, the trust shall not be counted as a resource	111433
available to the applicant or recipient and payments shall be	111434
treated in accordance with rules adopted ~~by the department of job~~	111435
~~and family services~~under section 5163.02 of the Revised Code	111436
governing income.	111437

(i) If an applicant or recipient provides written	111438
documentation showing that the cost of a civil action brought to	111439
compel payments from the trust would be cost prohibitive, the	111440
trust shall not be counted as a resource available to the	111441
applicant or recipient.	111442

(5) Any actual payments to the applicant or recipient from a	111443
trust that meet the requirements of division (G)(1) of this	111444
section, including trusts that are not counted as a resource	111445
available to the applicant or recipient, shall be treated as	111446
provided in rules adopted ~~by the department of job and family~~	111447
~~services~~under section 5163.02 of the Revised Code governing	111448
income. Payments to any person other than the applicant or	111449
recipient shall not be considered income to the applicant or	111450
recipient. Payments from the trust to a person other than the	111451
applicant or recipient shall not be considered an improper	111452
disposition of assets.	111453

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	111454
that the state has an insurable interest in ~~medical assistance~~	111455
medicaid recipients because of the state's statutory right to	111456
recover from the estate of a recipient state funds used to provide	111457
the recipient with ~~medical care and~~medicaid services.	111458

(B) As used in this section:

111459

(1) "Beneficiary" means the person or entity designated in a	111460
life insurance policy to receive the proceeds of the policy on the	111461
death of the insured or maturity of the policy.	111462

(2) "Owner" means the person who has the right to designate	111463
the beneficiary of a life insurance policy and to change the	111464
designation.	111465

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	111466
The value of a life insurance policy that would otherwise be	111467
considered a resource in determining eligibility for the ~~medical~~	111468
~~assistance~~medicaid program shall be excluded from any	111469
determination of a person's eligibility for the ~~medical assistance~~	111470
medicaid program if the owner designates the department of ~~job and~~	111471
~~family services~~medicaid as beneficiary of the policy. The	111472
department may pay premiums to keep the policy in force. Premiums	111473
paid by the department are ~~medical assistance~~medicaid payments	111474
correctly paid on behalf of a ~~medical assistance~~medicaid	111475
recipient and subject to recovery under section ~~5111.11~~5162.21 of	111476
the Revised Code.	111477

(D) The medicaid director ~~of job and family services~~ shall	111478
deposit the proceeds of a life insurance policy that do not exceed	111479
the amount the department may recover against the property and	111480
estate of the owner under section ~~5111.11~~5162.21 of the Revised	111481
Code into the general revenue fund. The director shall pay any	111482
remaining proceeds to the person designated by the owner. If the	111483
owner failed to designate a person, the director shall pay the	111484
remaining proceeds to the surviving spouse, or, if there is no	111485
surviving spouse, to the estate of the owner.	111486

(E) If the owner designates the department of ~~job and family~~	111487
~~services~~medicaid as the policy's beneficiary, the department	111488
shall notify the owner that the owner may designate a person to	111489
receive proceeds of the policy that exceed the amount the	111490
department may recover against the owner's property and estate	111491
under section ~~5111.11~~5162.21 of the Revised Code. The designation	111492
shall be made on a form provided by the department.	111493

~~(F) The department of job and family services shall not~~	111494
~~implement this section if implementation would violate any federal~~	111495
~~requirement unless the department receives a waiver of the~~	111496
~~requirement from the United States department of health and human~~	111497
~~services.~~	111498

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

111499

(1) "Assets" include all of an individual's income and	111500
resources and those of the individual's spouse, including any	111501
income or resources the individual or spouse is entitled to but	111502
does not receive because of action by any of the following:	111503

(a) The individual or spouse;

111504

(b) A person or government entity, including a court or	111505
administrative agency, with legal authority to act in place of or	111506
on behalf of the individual or spouse;	111507

(c) A person or government entity, including a court or	111508
administrative agency, acting at the direction or on the request	111509
of the individual or spouse.	111510

(2) "Home and community-based services" means home and	111511
community-based services furnished under a medicaid waiver granted	111512
by the United States secretary of health and human services under	111513
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	111514
1396n(c) or (d).	111515

(3) "Institutionalized individual" means a resident of a	111516
nursing facility, an inpatient in a medical institution for whom a	111517
payment is made based on a level of care provided in a nursing	111518
facility, or an individual described in the "Social Security Act,"	111519
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	111520

(4) "Look-back date" means the date that is a number of	111521
months specified in rules adopted under section ~~5111.011~~5163.02	111522
of the Revised Code immediately before either of the following:	111523

(a) The date an individual becomes an institutionalized	111524
individual if the individual is eligible for medicaid on that	111525
date;	111526

(b) The date an individual applies for medicaid while an	111527
institutionalized individual.	111528

(5) ~~"Nursing facility" has the same meaning as in section~~	111529
~~5111.20 of the Revised Code.~~	111530

~~(6)~~ "Nursing facility equivalent services" means services	111531
that are covered by the medicaid program, equivalent to nursing	111532
facility services, provided by an institution that provides the	111533
same level of care as a nursing facility, and provided to an	111534
inpatient of the institution who is a medicaid recipient eligible	111535
for medicaid-covered nursing facility equivalent services.	111536

~~(7) "Nursing facility services" means nursing facility~~	111537
~~services covered by the medicaid program that a nursing facility~~	111538
~~provides to a resident of the nursing facility who is a medicaid~~	111539
~~recipient eligible for medicaid-covered nursing facility services.~~	111540

~~(8)~~(6) "Undue hardship" means being deprived of either of the	111541
following:	111542

(a) Medical care such that an individual's health or life is	111543
endangered;	111544

(b) Food, clothing, shelter, or other necessities of life.

111545

(B) Except as provided in division (C) of this section and	111546
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	111547
an institutionalized individual is ineligible for nursing facility	111548
services, nursing facility equivalent services, and home and	111549
community-based services if the individual or individual's spouse	111550
disposes of assets for less than fair market value on or after the	111551
look-back date. The institutionalized individual's ineligibility	111552
shall begin on a date determined in accordance with rules adopted	111553
under section ~~5111.011~~5163.02 of the Revised Code and shall	111554
continue for a number of months determined in accordance with such	111555
rules.	111556

(C) An institutionalized individual may be granted a waiver	111557
of all or a portion of the period of ineligibility to which the	111558
individual would otherwise be subjected under division (B) of this	111559
section if the ineligibility would cause an undue hardship for the	111560
individual. An institutionalized individual shall be granted a	111561
waiver of all or a portion of the period of ineligibility if the	111562
administrator of the nursing facility in which the individual	111563
resides has notified the individual of a proposed transfer or	111564
discharge under section 3721.16 of the Revised Code due to failure	111565
to pay for the care the nursing facility has provided to the	111566
individual, the individual or the individual's sponsor requests a	111567
hearing on the proposed transfer or discharge in accordance with	111568
section 3721.161 of the Revised Code, and the transfer or	111569
discharge is upheld by a final determination that is not subject	111570
to further appeal. Waivers shall be granted in accordance with	111571
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	111572

(D) To secure compliance with this section, the medicaid	111573
director ~~of job and family services~~ may require an individual, as	111574
a condition of initial or continued eligibility for medicaid, to	111575
provide documentation of the individual's assets up to five years	111576
before the date the individual becomes an institutionalized	111577
individual if the individual is eligible for medicaid on that date	111578
or the date the individual applies for medicaid while an	111579
institutionalized individual. Documentation may include tax	111580
returns, records from financial institutions, and real property	111581
records.	111582

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	111583
~~section 5111.0118 of the Revised Code:~~	111584

~~(1) "ICF/MR services" means intermediate care facility for~~	111585
~~the mentally retarded services covered by the medicaid program~~	111586
~~that an intermediate care facility for the mentally retarded~~	111587
~~provides to a resident of the facility who is a medicaid recipient~~	111588
~~eligible for medicaid-covered intermediate care facility for the~~	111589
~~mentally retarded services.~~	111590

~~(2) "Intermediate care facility for the mentally retarded"~~	111591
~~has the same meaning as in section 5111.20 of the Revised Code.~~	111592

~~(3) "Nursing facility" has the same meaning as in section~~	111593
~~5111.20 of the Revised Code.~~	111594

~~(4) "Nursing facility services" means nursing facility~~	111595
~~services covered by the medicaid program that a nursing facility~~	111596
~~provides to a resident of the nursing facility who is a medicaid~~	111597
~~recipient eligible for medicaid-covered nursing facility services.~~	111598

~~(5) "Other medicaid-funded long-term care services" has the~~	111599
~~meaning specified in rules adopted under section 5111.011 of the~~	111600
~~Revised Code.~~	111601

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	111602
for the purpose of determining whether an aged, blind, or disabled	111603
individual is eligible for nursing facility services, ~~ICF/MR~~	111604
ICF/IID services, or other medicaid-funded long-term care	111605
services, the medicaid director ~~of job and family services~~ may	111606
consider an aged, blind, or disabled individual's real property to	111607
not be the individual's homestead or principal place of residence	111608
once the individual has resided in a nursing facility,	111609
~~intermediate care facility for the mentally retarded~~ICF/IID, or	111610
other medical institution for at least thirteen months.	111611

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	111612
individual if any of the following reside in the individual's real	111613
property that, because of this division, continues to be	111614
considered the individual's homestead or principal place of	111615
residence:	111616

(1) The individual's spouse;

111617

(2) The individual's child if any of the following apply:

111618

(a) The child is under twenty-one years of age.

111619

(b) The child is considered blind or disabled under the	111620
"Social Security Act," section 1614, 42 U.S.C. 1382c.	111621

(c) The child is financially dependent on the individual for	111622
housing as determined in accordance with rules adopted under	111623
section ~~5111.011~~5163.02 of the Revised Code.	111624

(3) The individual's sibling if the sibling has a verified	111625
equity interest in the real property and resided in the real	111626
property for at least one year immediately before the date the	111627
individual was admitted to the nursing facility, ~~intermediate care~~	111628
~~facility for the mentally retarded~~ICF/IID, or other medical	111629
institution.	111630

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	111631
this section, no individual shall qualify for nursing facility	111632
services or other medicaid-funded long-term care services if the	111633
individual's equity interest in the individual's home exceeds five	111634
hundred thousand dollars. The medicaid director ~~of job and family~~	111635
~~services~~ shall increase this amount effective January 1, 2011, and	111636
the first day of each year thereafter, by the percentage increase	111637
in the consumer price index for all urban consumers (all items;	111638
United States city average), rounded to the nearest one thousand	111639
dollars.	111640

(B) This section does not apply to an individual if either of	111641
the following applies:	111642

(1) Either of the following lawfully reside in the	111643
individual's home:	111644

(a) The individual's spouse;

111645

(b) The individual's child if the child is under twenty-one	111646
years of age or, under the "Social Security Act," section 1614, 42	111647
U.S.C. 1382c, considered blind or disabled.	111648

(2) The individual qualifies, pursuant to the process	111649
established under division (C) of this section, for a waiver of	111650
this section due to a demonstrated hardship.	111651

(C) The director shall establish a process by which	111652
individuals may obtain a waiver of this section due to a	111653
demonstrated hardship. The process shall be consistent with the	111654
process for such waivers established by the United States	111655
secretary of health and human services under the "Social Security	111656
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	111657

(D) Nothing in this section shall be construed as preventing	111658
an individual from using a reverse mortgage or home equity loan to	111659
reduce the individual's total equity interest in the home.	111660

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	111661
~~facility" and "intermediate care facility for the mentally~~	111662
~~retarded" have the same meanings as in section 5111.20 of the~~	111663
~~Revised Code.~~	111664

(A) In determining the amount of income that a medicaid	111665
recipient ~~of medical assistance~~ must apply monthly toward payment	111666
of the cost of care in a nursing facility or ~~intermediate care~~	111667
~~facility for the mentally retarded~~ICF/IID, ~~the~~a county	111668
department of job and family services shall deduct from the	111669
recipient's monthly income a monthly personal needs allowance in	111670
accordance with ~~section 1902 of~~ the "Social Security Act," 49	111671
~~Stat. 620 (1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~	111672
1396a(q).	111673

~~For~~(B) In the case of a resident of a nursing facility, the	111674
monthly personal needs allowance shall be as follows:	111675

(1) Prior to January 1, 2014, not less than forty dollars for	111676
an individual resident and not less than eighty dollars for a	111677
married couple if both spouses are residents of a nursing facility	111678
and their incomes are considered available to each other in	111679
determining eligibility;	111680

(2) For calendar year 2014, not less than forty-five dollars	111681
for an individual resident and not less than ninety dollars for a	111682
married couple if both spouses are residents of a nursing facility	111683
and their incomes are considered available to each other in	111684
determining eligibility;	111685

(3) For calendar year 2015 and each calendar year thereafter,	111686
not less than fifty dollars for an individual resident and not	111687
less than one hundred dollars for a married couple if both spouses	111688
are residents of a nursing facility and their incomes are	111689
considered available to each other in determining eligibility.	111690

~~For~~(C) In the case of a resident of an ~~intermediate care~~	111691
~~facility for the mentally retarded~~ICF/IID, the monthly personal	111692
needs allowance shall be forty dollars unless the resident has	111693
earned income, in which case the monthly personal needs allowance	111694
shall be determined by the ~~state~~ department of ~~job and family~~	111695
~~services~~medicaid, or the department's designee, but shall not	111696
exceed one hundred five dollars.	111697

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	111698
~~assistance to pregnant women and young children who are eligible~~	111699
~~for medical assistance under division (C)(3) of section 5111.01 of~~	111700
~~the Revised Code, but who are not otherwise eligible for medical~~	111701
~~assistance under that section, shall be known as the healthy start~~	111702
~~program.~~	111703

~~(B)~~ The department of ~~job and family services~~medicaid shall	111704
do all of the following with regard to the application procedures	111705
for the healthy start component of the medicaid program:	111706

(1) Establish a short application form for the ~~program~~	111707
component that requires the applicant to provide no more	111708
information than is necessary for making determinations of	111709
eligibility for the ~~healthy start program~~component, except that	111710
the form may require applicants to provide their social security	111711
numbers. The form shall include a statement, which must be signed	111712
by the applicant, indicating that she does not choose at the time	111713
of making application for the ~~program~~component to apply for	111714
assistance provided under any other program administered by the	111715
department or the department of job and family services and that	111716
she understands that she is permitted at any other time to apply	111717
at the county department of job and family services of the county	111718
in which she resides for ~~any~~ other assistance administered by the	111719
department or the department of job and family services.	111720

(2) ~~To the extent permitted by federal law, do~~Do one or both	111721
of the following:	111722

(a) Distribute the application form for the ~~program~~component	111723
to each public or private entity that serves as a women, infants,	111724
and children clinic or as a child and family health clinic and to	111725
each administrative body for such clinics and train employees of	111726
each such ~~agency~~clinic or ~~entity~~administrative body to provide	111727
applicants assistance in completing the form;	111728

(b) In cooperation with the department of health, develop	111729
arrangements under which employees of county departments of job	111730
and family services are stationed at public or private ~~agencies or~~	111731
entities selected by the department of ~~job and family services~~	111732
medicaid that serve as women, infants, and children clinics; child	111733
and family health clinics; or administrative bodies for such	111734
clinics for the purpose both of assisting applicants for the	111735
~~program~~component in completing the application form and of making	111736
determinations at that location of eligibility for the ~~program~~	111737
component.	111738

(3) Establish performance standards by which a county	111739
department of job and family services' level of enrollment of	111740
persons potentially eligible for the ~~program~~component can be	111741
measured, and establish acceptable levels of enrollment for each	111742
county department.	111743

(4) Direct any county department of job and family services	111744
whose rate of enrollment of potentially eligible enrollees in the	111745
~~program~~component is below acceptable levels established under	111746
division ~~(B)~~(A)(3) of this section to implement corrective	111747
action. Corrective action may include but is not limited to any	111748
one or more of the following ~~to the extent permitted by federal~~	111749
~~law~~:	111750

(a) Establishing formal referral and outreach methods with	111751
local health departments and local entities receiving funding	111752
through the bureau of maternal and child health;	111753

(b) Designating a specialized intake unit within the county	111754
department for healthy start applicants;	111755

(c) Establishing abbreviated timeliness requirements to	111756
shorten the time between receipt of an application and the	111757
scheduling of an initial application interview;	111758

(d) Establishing a system for telephone scheduling of intake	111759
interviews for applicants;	111760

(e) Establishing procedures to minimize the time an applicant	111761
must spend in completing the application and eligibility	111762
determination process, including permitting applicants to complete	111763
the process at times other than the regular business hours of the	111764
county department and at locations other than the offices of the	111765
county department.	111766

~~(C) To the extent permitted by federal law, local funds,~~	111767
~~whether from public or private sources, expended by a county~~	111768
~~department for administration of the healthy start program shall~~	111769
~~be considered to have been expended by the state for the purpose~~	111770
~~of determining the extent to which the state has complied with any~~	111771
~~federal requirement that the state provide funds to match federal~~	111772
~~funds for medical assistance, except that this division shall not~~	111773
~~affect the amount of funds the county is entitled to receive under~~	111774
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	111775

~~(D)~~(B) A county department of job and family services that	111776
maintains offices at more than one location shall accept	111777
applications for the healthy start ~~program~~component at all of	111778
those locations.	111779

~~(E) The director of job and family services shall adopt rules~~	111780
~~in accordance with section 111.15 of the Revised Code as necessary~~	111781
~~to implement this section.~~	111782

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	111783
subject to division (A)(2) of this section, "state or local	111784
correctional facility" means any of the following:	111785

(a) A "state correctional institution," as defined in section	111786
2967.01 of the Revised Code;	111787

(b) A "local correctional facility," as defined in section	111788
2903.13 of the Revised Code;	111789

(c) A correctional facility that is privately operated and	111790
managed pursuant to section 9.06 of the Revised Code.	111791

(2) "State or local correctional facility" does not include	111792
any facility operated directly by or at the direction of the	111793
department of youth services.	111794

(B) If a person who is confined in a state or local	111795
correctional facility was a medicaid recipient immediately prior	111796
to being confined in the facility, all of the following apply:	111797

(1) The person's eligibility for medicaid while so confined	111798
shall be suspended due to the confinement.	111799

(2) No medicaid payment shall be made for any care, services,	111800
or supplies provided to the person during the suspension described	111801
in division (B)(1) of this section.	111802

(3) The suspension described in division (B)(1) of this	111803
section shall end upon the release of the person from the	111804
confinement.	111805

(4) Except as provided in division (C) of this section, the	111806
person shall not be required to reapply or undergo a	111807
redetermination of eligibility for medicaid when the suspension	111808
described in division (B)(1) of this section ends.	111809

(C) A person may be disenrolled from medicaid any time after	111810
the suspension described in division (B)(1) of this section ends	111811
if the person is no longer eligible for medicaid. A person may be	111812
required to undergo a redetermination of eligibility for medicaid	111813
any time after the suspension described in division (B)(1) of this	111814
section ends if it is time or past time for the person's	111815
eligibility redetermination or the person's circumstances have	111816
changed in a manner warranting a redetermination.	111817

~~(D) The department of job and family services shall take the~~	111818
~~steps necessary to begin implementation of this section not later~~	111819
~~than September 1, 2009.~~	111820

Sec. 5164.01. As used in this chapter:

111821

(A) "Early and periodic screening, diagnostic, and treatment	111822
services" has the same meaning as in the "Social Security Act,"	111823
section 1905(r), 42 U.S.C. 1396d(r).	111824

(B) "Federal financial participation" has the same meaning as	111825
in section 5160.01 of the Revised Code.	111826

(C) "Healthcheck" means the component of the medicaid program	111827
that provides early and periodic screening, diagnostic, and	111828
treatment services.	111829

(D) "Home and community-based services medicaid waiver	111830
component" has the same meaning as in section 5166.01 of the	111831
Revised Code.	111832

(E) "Hospital" has the same meaning as in section 3727.01 of	111833
the Revised Code.	111834

(F) "ICDS participant" means a dual eligible individual who	111835
participates in the integrated care delivery system.	111836

(G) "ICF/IID" has the same meaning as in section 5124.01 of	111837
the Revised Code.	111838

(H) "Integrated care delivery system" and "ICDS" mean the	111839
demonstration project authorized by section 5164.91 of the Revised	111840
Code.	111841

(I) "Mandatory services" means the health care services and	111842
items that must be covered by the medicaid state plan as a	111843
condition of the state receiving federal financial participation	111844
for the medicaid program.	111845

(J) "Medicaid managed care organization" has the same meaning	111846
as in section 5167.01 of the Revised Code.	111847

(K) "Medicaid provider" means a person or government entity	111848
with a valid provider agreement to provide medicaid services to	111849
medicaid recipients. To the extent appropriate in the context,	111850
"medicaid provider" includes a person or government entity	111851
applying for a provider agreement, a former medicaid provider, or	111852
both.	111853

(L) "Medicaid services" means either or both of the	111854
following:	111855

(1) Mandatory services;

111856

(2) Optional services that the medicaid program covers.

111857

(M) "Nursing facility" has the same meaning as in section	111858
5165.01 of the Revised Code.	111859

(N) "Optional services" means the health care services and	111860
items that may be covered by the medicaid state plan or a federal	111861
medicaid waiver and for which the medicaid program receives	111862
federal financial participation.	111863

(O) "Prescribed drug" has the same meaning as in 42 C.F.R.	111864
440.120.	111865

(P) "Provider agreement" means an agreement to which all of	111866
the following apply:	111867

(1) It is between a medicaid provider and the department of	111868
medicaid;	111869

(2) It provides for the medicaid provider to provide medicaid	111870
services to medicaid recipients;	111871

(3) It complies with 42 C.F.R. 431.107(b).

111872

(Q) "Terminal distributor of dangerous drugs" has the same	111873
meaning as in section 4729.01 of the Revised Code.	111874

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	111875
~~services shall adopt, and may amend or rescind, rules under~~	111876
medicaid director shall adopt rules as necessary to implement this	111877
chapter. The rules shall be adopted in accordance with Chapter	111878
119. of the Revised Code ~~establishing the amount, duration, and~~	111879
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	111880
~~federal and state law. The rules may be different for different~~	111881
~~medicaid services. The~~	111882

(B) The rules shall establish all of the following:

111883

~~(A) The conditions under which the medicaid program shall~~	111884
~~cover and reimburse medicaid services;~~	111885

~~(B) The method of reimbursement applicable to each medicaid~~	111886
~~service~~(1) The amount, duration, and scope of the medicaid	111887
services covered by the medicaid program;	111888

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	111889
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	111890
method by which ~~amounts are~~the payment amount is to be determined	111891
for each medicaid service;	111892

~~(D)~~(3) Procedures for enforcing the rules adopted under this	111893
section that provide due process protections, including procedures	111894
for corrective action plans for, and imposing financial and	111895
administrative sanctions on, persons and government entities that	111896
violate the rules.	111897

(C) The rules may be different for different medicaid	111898
services.	111899

(D) The medicaid director is not required to adopt a rule	111900
establishing the payment amount for a medicaid service if the	111901
director adopts a rule establishing the method by which the	111902
payment amount is to be determined for the medicaid service and	111903
makes the payment amount available on the internet web site	111904
maintained by the department of medicaid.	111905

Sec. 5164.03. (A) The medicaid program shall cover all	111906
mandatory services.	111907

(B) The medicaid program shall cover all of the optional	111908
services that state statutes require the medicaid program to	111909
cover.	111910

(C) The medicaid program may cover any of the optional	111911
services to which either of the following applies:	111912

(1) State statutes expressly permit the medicaid program to	111913
cover the optional service;	111914

(2) State statutes do not address whether the medicaid	111915
program may cover the optional service.	111916

(D) The medicaid program shall not cover any optional	111917
services that state statutes prohibit the medicaid program from	111918
covering.	111919

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

111920

(1) "Outpatient health facility" means a facility that	111921
provides comprehensive primary health services by or under the	111922
direction of a physician at least five days per week on a	111923
forty-hour per week basis to outpatients, is operated by the board	111924
of health of a city or general health district or another public	111925
agency or by a nonprofit private agency or organization under the	111926
direction and control of a governing board that has no	111927
health-related responsibilities other than the direction and	111928
control of one or more such outpatient health facilities, and	111929
receives at least seventy-five per cent of its operating funds	111930
from public sources, except that it does not include an outpatient	111931
hospital facility or a federally qualified health center as	111932
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	111933
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	111934
1396d(l)(2)(B).	111935

(2) "Comprehensive primary health services" means preventive,	111936
diagnostic, therapeutic, rehabilitative, or palliative items or	111937
services that include all of the following:	111938

(a) Services of physicians, physician assistants, and	111939
certified nurse practitioners;	111940

(b) Diagnostic laboratory and radiological services;

111941

(c) Preventive health services, such as children's eye and	111942
ear examinations, perinatal services, well child services, and	111943
family planning services;	111944

(d) Arrangements for emergency medical services;

111945

(e) Transportation services.

111946

(3) "Certified nurse practitioner" has the same meaning as in	111947
section 4723.01 of the Revised Code.	111948

(B) ~~Outpatient~~Subject to division (C) of this section, the	111949
medicaid program shall cover comprehensive primary health services	111950
provided by outpatient health facilities ~~are a separate category~~	111951
~~of medical care provider under the rules governing the~~	111952
~~administration of the medical assistance program established under~~	111953
~~section 5111.01 of the Revised Code~~with valid provider	111954
agreements. ~~Rates of reimbursement for items and services provided~~	111955
~~by an outpatient health facility under this section shall be~~	111956
~~prospectively determined by the~~The department of ~~job and family~~	111957
~~services~~medicaid shall prospectively determine the medicaid	111958
payment rates for such comprehensive primary health services not	111959
less often than once each year,. The rates shall not be subject to	111960
retroactive adjustment based on actual costs incurred~~, and~~. The	111961
rates shall not exceed the maximum fee schedule or rates of	111962
payment, limitations based on reasonable costs or customary	111963
charges, and limitations based on combined payments received for	111964
furnishing comparable services, as are applicable to outpatient	111965
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	111966
medicare program." In determining ~~rates of reimbursement~~an	111967
outpatient health facility's rate prospectively, the department	111968
shall take into account the historic expenses of the facility, the	111969
operating requirements and services offered by the facility, and	111970
the geographical location of the facility, shall provide	111971
incentives for the efficient and economical utilization of the	111972
facility's resources, and shall ensure that the facility does not	111973
discriminate between classes of persons for whom or by whom	111974
payment for ~~items and~~the services is made.	111975

(C) AAn outpatient health facility does not qualify for	111976
~~classification as an outpatient health facility~~medicaid payments	111977
under this section unless it:	111978

(1) Has health and medical care policies developed with the	111979
advice of and subject to review by an advisory committee of	111980
professional personnel, including one or more physicians, one or	111981
more dentists if dental care is provided, and one or more	111982
registered nurses;	111983

(2) Has a medical director, a dental director, if dental care	111984
is provided, and a nursing director responsible for the execution	111985
of such policies, and has physicians, dentists, nursing, and	111986
ancillary staff appropriate to the scope of services provided;	111987

(3) Requires that the care of every patient be under the	111988
supervision of a physician, provides for medical care in case of	111989
emergency, has in effect a written agreement with one or more	111990
hospitals and one or more other outpatient facilities, and has an	111991
established system for the referral of patients to other resources	111992
and a utilization review plan and program;	111993

(4) Maintains clinical records on all patients;

111994

(5) Provides nursing services and other therapeutic services	111995
in compliance with applicable laws and rules and under the	111996
supervision of a registered nurse, and has a registered nurse on	111997
duty at all times when the facility is in operation;	111998

(6) Follows approved methods and procedures for the	111999
dispensing and administration of drugs and biologicals;	112000

(7) Maintains the accounting and record-keeping system	112001
required under federal laws and regulations for the determination	112002
of reasonable and allowable costs.	112003

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	112004
occupational therapy services provided by an occupational	112005
therapist licensed under section 4755.08 of the Revised Code.	112006
Coverage shall not be limited to services provided in a hospital	112007
or nursing facility. Any licensed occupational therapist may enter	112008
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	112009
~~family services~~medicaid to provide occupational therapy services	112010
under the medicaid program.	112011

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	112012
~~assistance under this chapter~~medicaid program shall include	112013
coverage of inpatient care and follow-up care for a mother and her	112014
newborn as follows:	112015

(1) The ~~medical assistance~~ medicaid program shall cover a	112016
minimum of forty-eight hours of inpatient care following a normal	112017
vaginal delivery and a minimum of ninety-six hours of inpatient	112018
care following a cesarean delivery. Services covered as inpatient	112019
care shall include medical, educational, and any other services	112020
that are consistent with the inpatient care recommended in the	112021
protocols and guidelines developed by national organizations that	112022
represent pediatric, obstetric, and nursing professionals.	112023

(2) The ~~medical assistance~~medicaid program shall cover a	112024
physician-directed source of follow-up care. Services covered as	112025
follow-up care shall include physical assessment of the mother and	112026
newborn, parent education, assistance and training in breast or	112027
bottle feeding, assessment of the home support system, performance	112028
of any medically necessary and appropriate clinical tests, and any	112029
other services that are consistent with the follow-up care	112030
recommended in the protocols and guidelines developed by national	112031
organizations that represent pediatric, obstetric, and nursing	112032
professionals. The coverage shall apply to services provided in a	112033
medical setting or through home health care visits. The coverage	112034
shall apply to a home health care visit only if the health care	112035
professional who conducts the visit is knowledgeable and	112036
experienced in maternity and newborn care.	112037

When a decision is made in accordance with division (B) of	112038
this section to discharge a mother or newborn prior to the	112039
expiration of the applicable number of hours of inpatient care	112040
required to be covered, the coverage of follow-up care shall apply	112041
to all follow-up care that is provided within forty-eight hours	112042
after discharge. When a mother or newborn receives at least the	112043
number of hours of inpatient care required to be covered, the	112044
coverage of follow-up care shall apply to follow-up care that is	112045
determined to be medically necessary by the health care	112046
professionals responsible for discharging the mother or newborn.	112047

(B) Any decision to shorten the length of inpatient stay to	112048
less than that specified under division (A)(1) of this section	112049
shall be made by the physician attending the mother or newborn,	112050
except that if a nurse-midwife is attending the mother in	112051
collaboration with a physician, the decision may be made by the	112052
nurse-midwife. Decisions regarding early discharge shall be made	112053
only after conferring with the mother or a person responsible for	112054
the mother or newborn. For purposes of this division, a person	112055
responsible for the mother or newborn may include a parent,	112056
guardian, or any other person with authority to make medical	112057
decisions for the mother or newborn.	112058

(C) The department of ~~job and family services~~medicaid, in	112059
administering the ~~medical assistance~~medicaid program, may not do	112060
either of the following:	112061

(1) Terminate the ~~participation~~provider agreement of a	112062
health care professional or health care facility ~~as a provider~~	112063
~~under the program~~ solely for making recommendations for inpatient	112064
or follow-up care for a particular mother or newborn that are	112065
consistent with the care required to be covered by this section;	112066

(2) Establish or offer monetary or other financial incentives	112067
for the purpose of encouraging a person to decline the inpatient	112068
or follow-up care required to be covered by this section.	112069

(D) This section does not do any of the following:

112070

(1) Require the ~~medical assistance~~medicaid program to cover	112071
inpatient or follow-up care that is not received in accordance	112072
with the program's terms pertaining to the health care	112073
professionals and facilities from which ~~an individual~~a medicaid	112074
recipient is authorized to receive health care services.	112075

(2) Require a mother or newborn to stay in a hospital or	112076
other inpatient setting for a fixed period of time following	112077
delivery;	112078

(3) Require a child to be delivered in a hospital or other	112079
inpatient setting;	112080

(4) Authorize a nurse-midwife to practice beyond the	112081
authority to practice nurse-midwifery in accordance with Chapter	112082
4723. of the Revised Code;	112083

(5) Establish minimum standards of medical diagnosis, care,	112084
or treatment for inpatient or follow-up care for a mother or	112085
newborn. A deviation from the care required to be covered under	112086
this section shall not, on the basis of this section, give rise to	112087
a medical claim or derivative medical claim, as those terms are	112088
defined in section 2305.113 of the Revised Code.	112089

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	112090
"screening mammography" means a radiologic examination utilized to	112091
detect unsuspected breast cancer at an early stage in asymptomatic	112092
women and includes the x-ray examination of the breast using	112093
equipment that is dedicated specifically for mammography,	112094
including the x-ray tube, filter, compression device, screens,	112095
film, and cassettes, and that has an average radiation exposure	112096
delivery of less than one rad mid-breast. "Screening mammography"	112097
includes two views for each breast. The term also includes the	112098
professional interpretation of the film.	112099

"Screening mammography" does not include diagnostic	112100
mammography.	112101

(B) ~~In addition to any other services required to be included~~	112102
~~in the program or for which federal approval is received, the~~	112103
~~medical assistance~~The medicaid program shall ~~include~~cover both	112104
of the following ~~if approval for use of federal funds is granted~~	112105
~~to the department by the federal agency responsible for~~	112106
~~distributing funds under Title XIX of the "Social Security Act,"~~	112107
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	112108

(1) ~~Effective July 1, 1993, screening~~Screening mammography	112109
to detect the presence of breast cancer in adult women;	112110

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	112111
for the presence of cervical cancer.	112112

(C) The ~~service provided under~~medicaid program's coverage of	112113
screening mammography pursuant to division (B)(1) of this section	112114
shall be provided in accordance with all of the following:	112115

(1) If a woman is at least thirty-five years of age but under	112116
forty years of age, one screening mammography;	112117

(2) If a woman is at least forty years of age but under	112118
fifty years of age, either of the following:	112119

(a) One screening mammography every two years;

112120

(b) If a licensed physician has determined that the woman has	112121
risk factors to breast cancer, one screening mammography every	112122
year.	112123

(3) If a woman is at least fifty years of age but under	112124
sixty-five years of age, one screening mammography every year.	112125

(D) The ~~service provided under~~medicaid program's coverage of	112126
screening mammographies pursuant to division (B)(1) of this	112127
section shall be provided only for screening mammographies that	112128
are performed in a facility or mobile mammography screening unit	112129
that is accredited under the American college of radiology	112130
mammography accreditation program or in a hospital as defined in	112131
section 3727.01 of the Revised Code.	112132

(E) The ~~service provided under~~medicaid program's coverage of	112133
cytologic screenings pursuant to division (B)(2) of this section	112134
shall be provided only for cytologic screenings that are processed	112135
and interpreted in a laboratory certified by the college of	112136
American pathologists or in a hospital as defined in section	112137
3727.01 of the Revised Code.	112138

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

112139

(1) "Community mental health ~~agency~~services provider or	112140
facility" means a community mental health ~~agency~~services provider	112141
or facility that has its community mental health services	112142
certified by the department of ~~mental health~~mental health and	112143
addiction services under section ~~5119.611~~5119.36 of the Revised	112144
Code or by the department of job and family services under section	112145
5103.03 of the Revised Code.	112146

(2) "Mental health professional" means a person qualified to	112147
work with mentally ill persons under the standards established by	112148
the director of ~~mental health~~mental health and addiction services	112149
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	112150

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	112151
cover the following mental health services when provided by	112152
community mental health ~~agencies~~services providers or facilities:	112153

(1) Outpatient mental health services, including, but not	112154
limited to, preventive, diagnostic, therapeutic, rehabilitative,	112155
and palliative interventions rendered to individuals in an	112156
individual or group setting by a mental health professional in	112157
accordance with a plan of treatment appropriately established,	112158
monitored, and reviewed;	112159

(2) Partial-hospitalization mental health services rendered	112160
by persons directly supervised by a mental health professional;	112161

(3) Unscheduled, emergency mental health services of a kind	112162
ordinarily provided to persons in crisis when rendered by persons	112163
supervised by a mental health professional;	112164

(4) ~~Subject to receipt of federal approval, assertive~~	112165
Assertive community treatment and intensive home-based mental	112166
health services.	112167

(C) The department of ~~job and family services~~medicaid shall	112168
enter into a separate contract with the department of ~~mental~~	112169
~~health~~mental health and addiction services under section ~~5111.91~~	112170
5162.35 of the Revised Code with regard to the ~~component of~~mental	112171
health services the medicaid program ~~provided for by~~covers	112172
pursuant to this section.	112173

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	112174
~~prescription drug services to medicaid recipients, the~~The	112175
medicaid program shall not ~~provide reimbursement for prescription~~	112176
cover prescribed drugs for treatment of erectile dysfunction.	112177

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	112178
disabilities and ~~job and family services~~medicaid may approve,	112179
reduce, deny, or terminate a medicaid service included in the	112180
individualized service plan developed for a medicaid recipient	112181
with mental retardation or other developmental disability who is	112182
eligible for medicaid case management services. If either	112183
department approves, reduces, denies, or terminates a service,	112184
that department shall timely notify the medicaid recipient that	112185
the recipient may ~~request a hearing under~~appeal pursuant to	112186
section ~~5101.35~~5160.31 of the Revised Code.	112187

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	112188
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	112189
~~Revised Code.~~	112190

~~(B)~~ The department of ~~job and family services~~medicaid shall	112191
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	112192
~~establishing~~establish a combination of written and oral methods	112193
designed to provide information about healthcheck to all persons	112194
eligible for the program or their parents or guardians. The	112195
department shall ensure that its methods of providing information	112196
are effective. ~~The methods shall comply with federal law and~~	112197
~~regulations.~~	112198

Each ~~county department of job and family services or other~~	112199
entity that distributes or accepts applications for ~~medical~~	112200
~~assistance~~medicaid shall prominently display a notice that	112201
complies with the ~~rules adopted~~methods of providing information	112202
about healthcheck established under this ~~division~~section.	112203

Sec. 5164.30. No person or government entity may participate	112204
in the medicaid program as a medicaid provider without a valid	112205
provider agreement with the department of medicaid.	112206

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	112207
practice" has the same meaning as in section 4731.65 of the	112208
Revised Code.	112209

(B) The department of ~~job and family services~~medicaid shall	112210
establish a process by which a physician assistant may enter into	112211
a ~~medicaid~~ provider agreement.	112212

(C)(1) Subject to division (C)(2) of this section, a claim	112213
for ~~reimbursement~~medicaid payment for a medicaid service provided	112214
by a physician assistant to a medicaid recipient may be submitted	112215
by the physician assistant who provided the service or the	112216
physician, group practice, clinic, or other health care facility	112217
that employs the physician assistant.	112218

(2) A claim for ~~reimbursement~~medicaid payment may be	112219
submitted by the physician assistant who provided the service only	112220
if the physician assistant has a valid provider agreement. When	112221
submitting the claim, the physician assistant shall use only the	112222
medicaid provider number the department has assigned to the	112223
physician assistant.	112224

~~(D) The director of job and family services may adopt rules~~	112225
~~under section 5111.02 of the Revised Code to implement this~~	112226
~~section.~~	112227

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	112228
necessary to pay the expenses of implementing the provider	112229
screening requirements of subpart E of 42 C.F.R. Part 455 and	112230
except as provided in division (B) of this section, the department	112231
of ~~job and family services~~medicaid shall ~~charge~~collect an	112232
application fee tofrom a medicaid provider ~~seeking to enter into~~	112233
~~or renew a medicaid provider agreement, unless the provider is~~	112234
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	112235
before doing any of the following:	112236

(1) Entering into a provider agreement with a medicaid	112237
provider that seeks initial enrollment as a provider;	112238

(2) Entering into a provider agreement with a former medicaid	112239
provider that seeks re-enrollment as a provider;	112240

(3) Revalidating a medicaid provider's continued enrollment	112241
as a provider. ~~The~~	112242

(B) The department is not to collect an application fee from	112243
a medicaid provider that is exempt from paying the fee under 42	112244
C.F.R. 455.460(a).	112245

(C) The application fees shall be deposited into the health	112246
care services administration fund created under section ~~5111.94~~	112247
5162.54 of the Revised Code. Application fees are nonrefundable	112248
when collected in accordance with 42 C.F.R. 455.460(a).	112249

(D) The medicaid director ~~of job and family services~~ shall	112250
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	112251
of the Revised Code as necessary to implement this section,	112252
including a rule establishing the amount of the application fee	112253
~~that is charged~~to be collected under this section. The amount of	112254
the application fee shall not be set at an amount that is more	112255
than necessary to pay for the expenses of implementing the	112256
provider screening requirements.	112257

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	112258
~~the Revised Code, the director of job and family services shall~~	112259
~~adopt rules establishing procedures for the use of time-limited~~	112260
~~provider agreements under the medicaid program. Except as provided~~	112261
~~in division (E) of this section, all provider agreements shall be~~	112262
~~time-limited in accordance with the procedures established in the~~	112263
~~rules.~~	112264

~~The department of job and family services shall phase-in the~~	112265
~~use of time-limited provider agreements pursuant to this section~~	112266
~~during a period commencing not later than January 1, 2008, and~~	112267
~~ending January 1, 2015.~~	112268

~~(B) In the use of time-limited provider agreements pursuant~~	112269
~~to this section, all of the following apply:~~	112270

~~(1)~~ Each medicaid provider agreement shall expire not later	112271
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	112272
~~agreement.~~	112273

~~(2) During the phase-in period specified in division (A) of~~	112274
~~this section, the department may provide for the conversion of~~. If	112275
a provider agreement ~~without a time limit~~entered into before the	112276
effective date of this amendment does not have a time limit, the	112277
department of medicaid shall convert the agreement to a provider	112278
agreement with a time limit. ~~The department may take an action to~~	112279
~~convert the provider agreement by sending a notice by regular mail~~	112280
~~to the address of the provider on record with the department~~	112281
~~advising the provider of the conversion.~~	112282

~~(3) The department may make the effective date of a provider~~	112283
~~agreement retroactive for a period not to exceed one year from the~~	112284
~~date of the provider's application for the agreement, as long as~~	112285
~~the provider met all medicaid program requirements during that~~	112286
~~period.~~	112287

~~(C)~~(B) The medicaid director shall adopt rules under section	112288
5164.02 of the Revised Code as necessary to implement this	112289
section. The rules ~~for use of time-limited provider agreements~~	112290
~~pursuant to this section~~ shall be consistent with subpart E of 42	112291
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	112292
~~providers~~revalidating medicaid providers' continued enrollments	112293
as providers. All of the following apply to the ~~re-enrollment~~	112294
revalidation process:	112295

(1) The department ~~of job and family services may terminate a~~	112296
~~time-limited provider agreement or deny re-enrollment~~shall refuse	112297
to revalidate a provider's provider agreement when athe provider	112298
fails to file ana complete application for ~~re-enrollment~~	112299
revalidation within the time and in the manner required under the	112300
~~re-enrollment~~revalidation process.	112301

(2) If a provider files ana complete application for	112302
~~re-enrollment~~revalidation within the time and in the manner	112303
required under the ~~re-enrollment~~revalidation process, but the	112304
provider agreement expires before the department acts on the	112305
application or before the effective date of the department's	112306
decision on the application, the provider, subject to division	112307
(B)(3) of this section, may continue operating under the terms of	112308
the expired provider agreement until the effective date of the	112309
department's decision.	112310

(3) ~~A decision by the department to approve an application~~	112311
~~for re-enrollment becomes effective on the date of the~~	112312
~~department's decision. A decision by the department to deny~~	112313
~~re-enrollment shall take effect not sooner than thirty days after~~	112314
~~the date the department mails written notice of the decision to~~	112315
~~the provider. The department shall specify in the notice the date~~	112316
~~on which the provider is required to cease operating under the~~	112317
~~provider agreement~~If a provider continues operating under the	112318
terms of an expired provider agreement pursuant to division (B)(2)	112319
of this section and the department denies the provider's	112320
application for revalidation, medicaid payments shall not be made	112321
for services or items the provider provides during the period	112322
beginning on the date the provider agreement expired and ending on	112323
the effective date of a subsequent provider agreement, if any, the	112324
department enters into with the provider.	112325

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	112326
~~department is not required to take the actions specified in~~	112327
~~division (C)(1) of this section by issuing an order pursuant to an~~	112328
~~adjudication conducted in accordance with Chapter 119. of the~~	112329
~~Revised Code.~~	112330

~~(E) The use of time-limited provider agreements pursuant to~~	112331
~~this section does not apply to provider agreements issued to the~~	112332
~~following, including any provider agreements issued to the~~	112333
~~following that are otherwise time-limited under the medicaid~~	112334
~~program:~~	112335

~~(1) A managed care organization under contract with the~~	112336
~~department pursuant to section 5111.17 of the Revised Code;~~	112337

~~(2) A nursing facility, as defined in section 5111.20 of the~~	112338
~~Revised Code;~~	112339

~~(3) An intermediate care facility for the mentally retarded,~~	112340
~~as defined in section 5111.20 of the Revised Code;~~	112341

~~(4) A hospital.~~

112342

Sec. 5164.33. (A) The medicaid director may do the following	112343
for any reason permitted or required by federal law and when the	112344
director determines that the action is in the best interests of	112345
medicaid recipients or the state:	112346

(1) Deny, refuse to revalidate, suspend, or terminate a	112347
provider agreement;	112348

(2) Exclude an individual, provider of services or goods, or	112349
other entity from participation in the medicaid program.	112350

(B) No individual, provider, or entity excluded from	112351
participation in the medicaid program under this section shall do	112352
any of the following:	112353

(1) Own, or provide services to, any other medicaid provider	112354
or risk contractor;	112355

(2) Arrange for, render, or order services for medicaid	112356
recipients during the period of exclusion;	112357

(3) During the period of exclusion, receive direct payments	112358
under the medicaid program or indirect payments of medicaid funds	112359
in the form of salary, shared fees, contracts, kickbacks, or	112360
rebates from or through any other medicaid provider or risk	112361
contractor.	112362

(C) An individual, provider, or entity excluded from	112363
participation in the medicaid program under this section may	112364
request a reconsideration of the exclusion. The director shall	112365
adopt rules under section 5164.02 of the Revised Code governing	112366
the process for requesting a reconsideration.	112367

(D) Nothing in this section limits the applicability of	112368
section 5164.38 of the Revised Code to a medicaid provider.	112369

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

112370

(1) "Criminal records check" has the same meaning as in	112371
section 109.572 of the Revised Code.	112372

(2) "Disqualifying offense" means any of the offenses listed	112373
or described in divisions (A)(3)(a) to (e) of section 109.572 of	112374
the Revised Code.	112375

(3) "Owner" means a person who has an ownership interest in a	112376
medicaid provider ~~or applicant to be a provider~~ in an amount	112377
designated in rules ~~adopted under~~authorized by this section.	112378

(4) "Person subject to the criminal records check	112379
requirement" means the following:	112380

(a) A medicaid provider ~~or applicant to be a provider~~ who is	112381
notified under division (E)(1) of this section that the provider	112382
~~or applicant~~ is subject to a criminal records check;	112383

(b) An owner or prospective owner, officer or prospective	112384
officer, or board member or prospective board member of a medicaid	112385
provider ~~or applicant to be a provider~~ if, pursuant to division	112386
(E)(1)(a) of this section, the owner or prospective owner, officer	112387
or prospective officer, or board member or prospective board	112388
member is specified in information given to the provider or	112389
~~applicant~~ under division (E)(1) of this section;	112390

(c) An employee or prospective employee of a medicaid	112391
provider ~~or applicant to be a provider~~ if both of the following	112392
apply:	112393

(i) The employee or prospective employee is specified,	112394
pursuant to division (E)(1)(b) of this section, in information	112395
given to the provider ~~or applicant~~ under division (E)(1) of this	112396
section.	112397

(ii) The provider ~~or applicant~~ is not prohibited by division	112398
(D)(3)(b) of this section from employing the employee or	112399
prospective employee.	112400

(5) ~~"Provider" means a person, institution, or entity that~~	112401
~~has a medicaid provider agreement with the department of job and~~	112402
~~family services.~~	112403

~~(6)~~ "Responsible entity" means the following:

112404

(a) With respect to a criminal records check required under	112405
this section for a medicaid provider ~~or applicant to be a~~	112406
~~provider~~, the department of ~~job and family services~~medicaid or	112407
the department's designee;	112408

(b) With respect to a criminal records check required under	112409
this section for an owner or prospective owner, officer or	112410
prospective officer, board member or prospective board member, or	112411
employee or prospective employee of a medicaid provider or	112412
~~applicant to be a provider~~, the provider ~~or applicant~~.	112413

(B) This section does not apply to any individual who is	112414
subject to a criminal records check under section 3712.09,	112415
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	112416
Revised Code or any individual who is subject to a database review	112417
or criminal records check under section ~~173.394~~173.38, 3701.881,	112418
or ~~5111.033~~5164.342 of the Revised Code.	112419

(C) The department of ~~job and family services~~medicaid may do	112420
any of the following:	112421

(1) Require that any medicaid provider ~~or applicant to be a~~	112422
~~provider~~ submit to a criminal records check as a condition of	112423
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	112424

(2) Require that any medicaid provider ~~or applicant to be a~~	112425
~~provider~~ require an owner or prospective owner, officer or	112426
prospective officer, or board member or prospective board member	112427
of the provider ~~or applicant~~ submit to a criminal records check as	112428
a condition of being an owner, officer, or board member of the	112429
provider ~~or applicant~~;	112430

(3) Require that any medicaid provider ~~or applicant to be a~~	112431
~~provider~~ do the following:	112432

(a) If so required by rules ~~adopted under~~authorized by this	112433
section, determine pursuant to a database review conducted under	112434
division (F)(1)(a) of this section whether any employee or	112435
prospective employee of the provider ~~or applicant~~ is included in a	112436
database;	112437

(b) Unless the provider ~~or applicant~~ is prohibited by	112438
division (D)(3)(b) of this section from employing the employee or	112439
prospective employee, require the employee or prospective employee	112440
to submit to a criminal records check as a condition of being an	112441
employee of the provider ~~or applicant~~.	112442

(D)(1) The department or the department's designee shall deny	112443
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	112444
~~deny an applicant's application for a medicaid provider agreement~~	112445
if the provider ~~or applicant~~ is a person subject to the criminal	112446
records check requirement and either of the following applies:	112447

(a) The provider ~~or applicant~~ fails to obtain the criminal	112448
records check after being given the information specified in	112449
division (G)(1) of this section.	112450

(b) Except as provided in rules ~~adopted under~~authorized by	112451
this section, the provider ~~or applicant~~ is found by the criminal	112452
records check to have been convicted of,or have pleaded guilty	112453
to~~, or been found eligible for intervention in lieu of conviction~~	112454
~~for~~ a disqualifying offense, regardless of the date of the	112455
conviction,or the date of entry of the guilty plea~~, or the date~~	112456
~~the applicant or provider was found eligible for intervention in~~	112457
~~lieu of conviction~~.	112458

(2) No medicaid provider ~~or applicant to be a provider~~ shall	112459
permit a person to be an owner, officer, or board member of the	112460
provider ~~or applicant~~ if the person is a person subject to the	112461
criminal records check requirement and either of the following	112462
applies:	112463

(a) The person fails to obtain the criminal records check	112464
after being given the information specified in division (G)(1) of	112465
this section.	112466

(b) Except as provided in rules ~~adopted under~~authorized by	112467
this section, the person is found by the criminal records check to	112468
have been convicted of,or have pleaded guilty to~~, or been found~~	112469
~~eligible for intervention in lieu of conviction for~~ a	112470
disqualifying offense, regardless of the date of the conviction,	112471
or the date of entry of the guilty plea~~, or the date the person~~	112472
~~was found eligible for intervention in lieu of conviction~~.	112473

(3) No medicaid provider ~~or applicant to be a provider~~ shall	112474
employ a person if any of the following apply:	112475

(a) The person has been excluded from ~~providing services or~~	112476
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	112477
~~program operated pursuant to Title XVIII of the "Social Security~~	112478
~~Act~~provider," or provider for any other federal health care	112479
program.	112480

(b) If the person is subject to a database review conducted	112481
under division (F)(1)(a) of this section, the person is found by	112482
the database review to be included in a database and the rules	112483
~~adopted under~~authorized by this section regarding the database	112484
review prohibit the provider ~~or applicant~~ from employing a person	112485
included in the database.	112486

(c) If the person is a person subject to the criminal records	112487
check requirement, either of the following applies:	112488

(i) The person fails to obtain the criminal records check	112489
after being given the information specified in division (G)(1) of	112490
this section.	112491

(ii) Except as provided in rules ~~adopted under~~authorized by	112492
this section, the person is found by the criminal records check to	112493
have been convicted of,or have pleaded guilty to~~, or been found~~	112494
~~eligible for intervention in lieu of conviction for~~ a	112495
disqualifying offense, regardless of the date of the conviction,	112496
or the date of entry of the guilty plea~~, or the date the person~~	112497
~~was found eligible for intervention in lieu of conviction~~.	112498

(E)(1) The department or the department's designee shall	112499
inform each medicaid provider ~~or applicant to be a provider~~	112500
whether the provider ~~or applicant~~ is subject to a criminal records	112501
check. For providers with valid provider agreements, the	112502
information shall be given at times designated in rules ~~adopted~~	112503
~~under~~authorized by this section. For ~~applicants~~providers	112504
applying to be medicaid providers, the information shall be given	112505
at the time of initial application. When the information is given,	112506
the department or the department's designee shall specify the	112507
following:	112508

(a) Which of the provider's ~~or applicant's~~ owners or	112509
prospective owners, officers or prospective officers, or board	112510
members or prospective board members are subject to a criminal	112511
records check;	112512

(b) Which of the provider's ~~or applicant's~~ employees or	112513
prospective employees are subject to division (C)(3) of this	112514
section.	112515

(2) At times designated in rules ~~adopted under~~authorized by	112516
this section, a medicaid provider ~~or applicant to be a provider~~	112517
that is a person subject to the criminal records check requirement	112518
shall do the following:	112519

(a) Inform each person specified under division (E)(1)(a) of	112520
this section that the person is required to submit to a criminal	112521
records check as a condition of being an owner, officer, or board	112522
member of the provider ~~or applicant~~;	112523

(b) Inform each person specified under division (E)(1)(b) of	112524
this section that the person is subject to division (C)(3) of this	112525
section.	112526

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	112527
is a person subject to the criminal records check requirement, the	112528
department or the department's designee shall require the conduct	112529
of a criminal records check by the superintendent of the bureau of	112530
criminal identification and investigation. A medicaid provider or	112531
~~applicant to be a provider~~ shall require the conduct of a criminal	112532
records check by the superintendent with respect to each of the	112533
persons specified under division (E)(1)(a) of this section. With	112534
respect to each employee and prospective employee specified under	112535
division (E)(1)(b) of this section, a medicaid provider or	112536
~~applicant to be a provider~~ shall do the following:	112537

(a) If rules ~~adopted under~~authorized by this section require	112538
the provider ~~or applicant~~ to conduct a database review to	112539
determine whether the employee or prospective employee is included	112540
in a database, conduct the database review in accordance with the	112541
rules;	112542

(b) Unless the provider ~~or applicant~~ is prohibited by	112543
division (D)(3)(b) of this section from employing the employee or	112544
prospective employee, require the conduct of a criminal records	112545
check of the employee or prospective employee by the	112546
superintendent.	112547

(2) If a person subject to the criminal records check	112548
requirement does not present proof of having been a resident of	112549
this state for the five-year period immediately prior to the date	112550
the criminal records check is requested or provide evidence that	112551
within that five-year period the superintendent has requested	112552
information about the person from the federal bureau of	112553
investigation in a criminal records check, the responsible entity	112554
shall require the person to request that the superintendent obtain	112555
information from the federal bureau of investigation as part of	112556
the criminal records check of the person. Even if the person	112557
presents proof of having been a resident of this state for the	112558
five-year period, the responsible entity may require that the	112559
person request that the superintendent obtain information from the	112560
federal bureau of investigation and include it in the criminal	112561
records check of the person.	112562

(G) Criminal records checks required by this section shall be	112563
obtained as follows:	112564

(1) The responsible entity shall provide each person subject	112565
to the criminal records check requirement information about	112566
accessing and completing the form prescribed pursuant to division	112567
(C)(1) of section 109.572 of the Revised Code and the standard	112568
impression sheet prescribed pursuant to division (C)(2) of that	112569
section.	112570

(2) The person subject to the criminal records check	112571
requirement shall submit the required form and one complete set of	112572
the person's fingerprint impressions directly to the	112573
superintendent for purposes of conducting the criminal records	112574
check using the applicable methods prescribed by division (C) of	112575
section 109.572 of the Revised Code. The person shall pay all fees	112576
associated with obtaining the criminal records check.	112577

(3) The superintendent shall conduct the criminal records	112578
check in accordance with section 109.572 of the Revised Code. The	112579
person subject to the criminal records check requirement shall	112580
instruct the superintendent to submit the report of the criminal	112581
records check directly to the responsible entity. If the	112582
department or the department's designee is not the responsible	112583
entity, the department or designee may require the responsible	112584
entity to submit the report to the department or designee.	112585

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	112586
employ conditionally a person for whom a criminal records check is	112587
required by this section prior to obtaining the results of the	112588
criminal records check if both of the following apply:	112589

(a) The provider ~~or applicant~~ is not prohibited by division	112590
(D)(3)(b) of this section from employing the person.	112591

(b) The person submits a request for the criminal records	112592
check not later than five business days after the person begins	112593
conditional employment.	112594

(2) A medicaid provider ~~or applicant to be a provider~~ that	112595
employs a person conditionally under division (H)(1) of this	112596
section shall terminate the person's employment if the results of	112597
the criminal records check request are not obtained within the	112598
period ending sixty days after the date the request is made.	112599
Regardless of when the results of the criminal records check are	112600
obtained, if the results indicate that the person has been	112601
convicted of,or has pleaded guilty to~~, or has been found eligible~~	112602
~~for intervention in lieu of conviction for~~ a disqualifying	112603
offense, the provider ~~or applicant~~ shall terminate the person's	112604
employment unless circumstances specified in rules ~~adopted under~~	112605
authorized by this section exist that permit the provider or	112606
~~applicant~~ to employ the person and the provider ~~or applicant~~	112607
chooses to employ the person.	112608

(I) The report of a criminal records check conducted pursuant	112609
to this section is not a public record for the purposes of section	112610
149.43 of the Revised Code and shall not be made available to any	112611
person other than the following:	112612

(1) The person who is the subject of the criminal records	112613
check or the person's representative;	112614

(2) The medicaid director ~~of job and family services~~ and the	112615
staff of the department who are involved in the administration of	112616
the medicaid program;	112617

(3) The department's designee;

112618

(4) The medicaid provider ~~or applicant to be a provider~~ who	112619
required the person who is the subject of the criminal records	112620
check to submit to the criminal records check;	112621

(5) An individual receiving or deciding whether to receive,	112622
from the subject of the criminal records check, home and	112623
community-based services available under the medicaid state plan;	112624

(6) A court, hearing officer, or other necessary individual	112625
involved in a case dealing with any of the following:	112626

(a) The denial or termination of a ~~medicaid~~ provider	112627
agreement;	112628

(b) A person's denial of employment, termination of	112629
employment, or employment or unemployment benefits;	112630

(c) A civil or criminal action regarding the medicaid	112631
program.	112632

(J) The medicaid director ~~of job and family services~~ may	112633
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	112634
of the Revised Code to implement this section. If the director	112635
adopts such rules, the rules shall designate the times at which a	112636
criminal records check must be conducted under this section. The	112637
rules may do any of the following:	112638

(1) Designate the categories of persons who are subject to a	112639
criminal records check under this section;	112640

(2) Specify circumstances under which the department or the	112641
department's designee may continue a ~~medicaid~~ provider agreement	112642
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	112643
medicaid provider ~~or applicant~~ is found by a criminal records	112644
check to have been convicted of, pleaded guilty to, or been found	112645
eligible for intervention in lieu of conviction for a	112646
disqualifying offense;	112647

(3) Specify circumstances under which a medicaid provider or	112648
~~applicant to be a provider~~ may permit a person to be an employee,	112649
owner, officer, or board member of the provider ~~or applicant,~~ when	112650
the person is found by a criminal records check conducted pursuant	112651
to this section to have been convicted of,or have pleaded guilty	112652
to~~, or been found eligible for intervention in lieu of conviction~~	112653
~~for~~ a disqualifying offense;	112654

(4) Specify all of the following:

112655

(a) The circumstances under which a database review must be	112656
conducted under division (F)(1)(a) of this section to determine	112657
whether an employee or prospective employee of a medicaid provider	112658
~~or applicant to be a provider~~ is included in a database;	112659

(b) The procedures for conducting the database review;

112660

112661

(d) The circumstances under which a medicaid provider or	112662
~~applicant to be a provider~~ is prohibited from employing a person	112663
who is found by the database review to be included in a database.	112664

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

112665

"Anniversary date" means the later of the effective date of	112666
the provider agreement relating to the independent provider or	112667
sixty days after September 26, 2003.	112668

"Applicant" means a person who has applied for a ~~medicaid~~	112669
provider agreement to provide home and community-based services as	112670
an independent provider under a home and community-based medicaid	112671
waiver component administered by the department of ~~job and family~~	112672
~~services~~medicaid.	112673

"Criminal records check" has the same meaning as in section	112674
109.572 of the Revised Code.	112675

"Disqualifying offense" means any of the offenses listed or	112676
described in divisions (A)(3)(a) to (e) of section 109.572 of the	112677
Revised Code.	112678

"Independent provider" means a person who has a ~~medicaid~~	112679
provider agreement to provide home and community-based services as	112680
an independent provider in a home and community-based services	112681
medicaid waiver component administered by the department of ~~job~~	112682
~~and family services~~medicaid.	112683

~~"Home and community-based services medicaid waiver component"~~	112684
~~has the same meaning as in section 5111.85 of the Revised Code.~~	112685

(B) The department of ~~job and family services~~medicaid or the	112686
department's designee shall deny an applicant's application for a	112687
~~medicaid~~ provider agreement and shall terminate an independent	112688
provider's ~~medicaid~~ provider agreement if either of the following	112689
applies:	112690

(1) After the applicant or independent provider is given the	112691
information and notification required by divisions (D)(2)(a) and	112692
(b) of this section, the applicant or independent provider fails	112693
to do either of the following:	112694

(a) Access, complete, or forward to the superintendent of the	112695
bureau of criminal identification and investigation the form	112696
prescribed pursuant to division (C)(1) of section 109.572 of the	112697
Revised Code or the standard impression sheet prescribed pursuant	112698
to division (C)(2) of that section;	112699

(b) Instruct the superintendent to submit the completed	112700
report of the criminal records check required by this section	112701
directly to the department or the department's designee.	112702

(2) Except as provided in rules ~~adopted under~~authorized by	112703
this section, the applicant or independent provider is found by a	112704
criminal records check required by this section to have been	112705
convicted of,or have pleaded guilty to~~, or been found eligible~~	112706
~~for intervention in lieu of conviction for~~ a disqualifying	112707
offense, regardless of the date of the conviction,or the date of	112708
entry of the guilty plea~~, or the date the applicant or independent~~	112709
~~provider was found eligible for intervention in lieu of~~	112710
~~conviction~~.	112711

(C)(1) The department or the department's designee shall	112712
inform each applicant, at the time of initial application for a	112713
~~medicaid~~ provider agreement, that the applicant is required to	112714
provide a set of the applicant's fingerprint impressions and that	112715
a criminal records check is required to be conducted as a	112716
condition of the department's approving the application.	112717

(2) Beginning on September 26, 2003, the department or the	112718
department's designee shall inform each independent provider on or	112719
before the time of the anniversary date of the ~~medicaid~~ provider	112720
agreement that the independent provider is required to provide a	112721
set of the independent provider's fingerprint impressions and that	112722
a criminal records check is required to be conducted.	112723

(D)(1) The department or the department's designee shall	112724
require an applicant to complete a criminal records check prior to	112725
entering into a ~~medicaid~~ provider agreement with the applicant.	112726
The department or the department's designee shall require an	112727
independent provider to complete a criminal records check at least	112728
annually. If an applicant or independent provider for whom a	112729
criminal records check is required by this section does not	112730
present proof of having been a resident of this state for the	112731
five-year period immediately prior to the date the criminal	112732
records check is requested or provide evidence that within that	112733
five-year period the superintendent of the bureau of criminal	112734
identification and investigation has requested information about	112735
the applicant or independent provider from the federal bureau of	112736
investigation in a criminal records check, the department or the	112737
department's designee shall request that the applicant or	112738
independent provider obtain through the superintendent a criminal	112739
records request from the federal bureau of investigation as part	112740
of the criminal records check of the applicant or independent	112741
provider. Even if an applicant or independent provider for whom a	112742
criminal records check request is required by this section	112743
presents proof of having been a resident of this state for the	112744
five-year period, the department or the department's designee may	112745
request that the applicant or independent provider obtain	112746
information through the superintendent from the federal bureau of	112747
investigation in the criminal records check.	112748

(2) The department or the department's designee shall provide	112749
the following to each applicant and independent provider for whom	112750
a criminal records check is required by this section:	112751

(a) Information about accessing, completing, and forwarding	112752
to the superintendent of the bureau of criminal identification and	112753
investigation the form prescribed pursuant to division (C)(1) of	112754
section 109.572 of the Revised Code and the standard impression	112755
sheet prescribed pursuant to division (C)(2) of that section;	112756

(b) Written notification that the applicant or independent	112757
provider is to instruct the superintendent to submit the completed	112758
report of the criminal records check directly to the department or	112759
the department's designee.	112760

(3) Each applicant and independent provider for whom a	112761
criminal records check is required by this section shall pay to	112762
the bureau of criminal identification and investigation the fee	112763
prescribed pursuant to division (C)(3) of section 109.572 of the	112764
Revised Code for the criminal records check conducted of the	112765
applicant or independent provider.	112766

(E) The report of any criminal records check conducted by the	112767
bureau of criminal identification and investigation in accordance	112768
with section 109.572 of the Revised Code and pursuant to a request	112769
made under this section is not a public record for the purposes of	112770
section 149.43 of the Revised Code and shall not be made available	112771
to any person other than the following:	112772

(1) The person who is the subject of the criminal records	112773
check or the person's representative;	112774

(2) The medicaid director ~~of job and family services~~ and the	112775
staff of the department who are involved in the administration of	112776
the medicaid program;	112777

(3) The department's designee;

112778

(4) An individual ~~who receives~~receiving or deciding whether	112779
to receive home and community-based services from the person who	112780
is the subject of the criminal records check;	112781

(5) A court, hearing officer, or other necessary individual	112782
involved in a case dealing with either of the following:	112783

(a) A denial or termination of a provider agreement related	112784
to the criminal records check;	112785

(b) A civil or criminal action regarding the medicaid	112786
program.	112787

(F) The medicaid director ~~of job and family services~~ shall	112788
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	112789
of the Revised Code to implement this section. The rules shall	112790
specify circumstances under which the department or the	112791
department's designee may either approve an applicant's	112792
application or allow an independent provider to maintain an	112793
existing ~~medicaid~~ provider agreement even though the applicant or	112794
independent provider is found by a criminal records check required	112795
by this section to have been convicted of,or have pleaded guilty	112796
to~~, or been found eligible for intervention in lieu of conviction~~	112797
~~for~~ a disqualifying offense.	112798

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

112799

"Applicant" means a person who is under final consideration	112800
for employment with a waiver agency in a full-time, part-time, or	112801
temporary position that involves providing home and	112802
community-based services..	112803

"Community-based long-term care ~~agency~~provider" ~~has the same~~	112804
~~meaning~~means a provider as defined in section 173.39 of the	112805
Revised Code.	112806

"Community-based long-term care subcontractor" means a	112807
subcontractor as defined in section 173.38 of the Revised Code.	112808

"Criminal records check" has the same meaning as in section	112809
109.572 of the Revised Code.	112810

"Disqualifying offense" means any of the offenses listed or	112811
described in divisions (A)(3)(a) to (e) of section 109.572 of the	112812
Revised Code.	112813

"Employee" means a person employed by a waiver agency in a	112814
full-time, part-time, or temporary position that involves	112815
providing home and community-based services.	112816

~~"Home and community-based services medicaid waiver component"~~	112817
~~has the same meaning as in section 5111.85 of the Revised Code.~~	112818

"Waiver agency" means a person or government entity that	112819
provides home and community-based services under a home and	112820
community-based services medicaid waiver component administered by	112821
the department of ~~job and family services~~medicaid, other than	112822
such a person or government entity that is certified under the	112823
medicare program. "Waiver agency" does not mean an independent	112824
provider as defined in section ~~5111.034~~5164.341 of the Revised	112825
Code.	112826

(B) This section does not apply to any individual who is	112827
subject to a database review or criminal records check under	112828
section 3701.881 of the Revised Code. If a waiver agency also is a	112829
community-based long-term care ~~agency~~provider or community-based	112830
long-term care subcontractor, the waiver agency may provide for	112831
applicants and employees to undergo database reviews and criminal	112832
records checks in accordance with section ~~173.394~~173.38 of the	112833
Revised Code rather than this section.	112834

(C) No waiver agency shall employ an applicant or continue to	112835
employ an employee in a position that involves providing home and	112836
community-based services if any of the following apply:	112837

(1) A review of the databases listed in division (E) of this	112838
section reveals any of the following:	112839

(a) That the applicant or employee is included in one or more	112840
of the databases listed in divisions (E)(1) to (5) of this	112841
section;	112842

(b) That there is in the state nurse aide registry	112843
established under section 3721.32 of the Revised Code a statement	112844
detailing findings by the director of health that the applicant or	112845
employee neglected or abused a long-term care facility or	112846
residential care facility resident or misappropriated property of	112847
such a resident;	112848

(c) That the applicant or employee is included in one or more	112849
of the databases, if any, specified in rules ~~adopted under~~	112850
authorized by this section and the rules prohibit the waiver	112851
agency from employing an applicant or continuing to employ an	112852
employee included in such a database in a position that involves	112853
providing home and community-based services.	112854

(2) After the applicant or employee is given the information	112855
and notification required by divisions (F)(2)(a) and (b) of this	112856
section, the applicant or employee fails to do either of the	112857
following:	112858

(a) Access, complete, or forward to the superintendent of the	112859
bureau of criminal identification and investigation the form	112860
prescribed to division (C)(1) of section 109.572 of the Revised	112861
Code or the standard impression sheet prescribed pursuant to	112862
division (C)(2) of that section;	112863

(b) Instruct the superintendent to submit the completed	112864
report of the criminal records check required by this section	112865
directly to the chief administrator of the waiver agency.	112866

(3) Except as provided in rules ~~adopted under~~authorized by	112867
this section, the applicant or employee is found by a criminal	112868
records check required by this section to have been convicted of,	112869
or have pleaded guilty to~~, or been found eligible for intervention~~	112870
~~in lieu of conviction for~~ a disqualifying offense, regardless of	112871
the date of the conviction,or date of entry of the guilty plea,	112872
~~or the date the applicant or employee was found eligible for~~	112873
~~intervention in lieu of conviction~~.	112874

(D) At the time of each applicant's initial application for	112875
employment in a position that involves providing home and	112876
community-based services, the chief administrator of a waiver	112877
agency shall inform the applicant of both of the following:	112878

(1) That a review of the databases listed in division (E) of	112879
this section will be conducted to determine whether the waiver	112880
agency is prohibited by division (C)(1) of this section from	112881
employing the applicant in the position;	112882

(2) That, unless the database review reveals that the	112883
applicant may not be employed in the position, a criminal records	112884
check of the applicant will be conducted and the applicant is	112885
required to provide a set of the applicant's fingerprint	112886
impressions as part of the criminal records check.	112887

(E) As a condition of employing any applicant in a position	112888
that involves providing home and community-based services, the	112889
chief administrator of a waiver agency shall conduct a database	112890
review of the applicant in accordance with rules ~~adopted under~~	112891
authorized by this section. If rules ~~adopted under~~authorized by	112892
this section so require, the chief administrator of a waiver	112893
agency shall conduct a database review of an employee in	112894
accordance with the rules as a condition of continuing to employ	112895
the employee in a position that involves providing home and	112896
community-based services. A database review shall determine	112897
whether the applicant or employee is included in any of the	112898
following:	112899

(1) The excluded parties list system that is maintained by	112900
the United States general services administration pursuant to	112901
subpart 9.4 of the federal acquisition regulation and available at	112902
the federal web site known as the system for award management;	112903

(2) The list of excluded individuals and entities maintained	112904
by the office of inspector general in the United States department	112905
of health and human services pursuant to ~~section 1128 of~~ the	112906
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	112907
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	112908
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	112909
~~amended~~;	112910

(3) The registry of MR/DD employees established under section	112911
5123.52 of the Revised Code;	112912

(4) The internet-based sex offender and child-victim offender	112913
database established under division (A)(11) of section 2950.13 of	112914
the Revised Code;	112915

(5) The internet-based database of inmates established under	112916
section 5120.66 of the Revised Code;	112917

(6) The state nurse aide registry established under section	112918
3721.32 of the Revised Code;	112919

(7) Any other database, if any, specified in rules ~~adopted~~	112920
~~under~~authorized by this section.	112921

(F)(1) As a condition of employing any applicant in a	112922
position that involves providing home and community-based	112923
services, the chief administrator of a waiver agency shall require	112924
the applicant to request that the superintendent of the bureau of	112925
criminal identification and investigation conduct a criminal	112926
records check of the applicant. If rules ~~adopted under~~authorized	112927
by this section so require, the chief administrator of a waiver	112928
agency shall require an employee to request that the	112929
superintendent conduct a criminal records check of the employee at	112930
times specified in the rules as a condition of continuing to	112931
employ the employee in a position that involves providing home and	112932
community-based services. However, a criminal records check is not	112933
required for an applicant or employee if the waiver agency is	112934
prohibited by division (C)(1) of this section from employing the	112935
applicant or continuing to employ the employee in a position that	112936
involves providing home and community-based services. If an	112937
applicant or employee for whom a criminal records check request is	112938
required by this section does not present proof of having been a	112939
resident of this state for the five-year period immediately prior	112940
to the date the criminal records check is requested or provide	112941
evidence that within that five-year period the superintendent has	112942
requested information about the applicant or employee from the	112943
federal bureau of investigation in a criminal records check, the	112944
chief administrator shall require the applicant or employee to	112945
request that the superintendent obtain information from the	112946
federal bureau of investigation as part of the criminal records	112947
check. Even if an applicant or employee for whom a criminal	112948
records check request is required by this section presents proof	112949
of having been a resident of this state for the five-year period,	112950
the chief administrator may require the applicant or employee to	112951
request that the superintendent include information from the	112952
federal bureau of investigation in the criminal records check.	112953

(2) The chief administrator shall provide the following to	112954
each applicant and employee for whom a criminal records check is	112955
required by this section:	112956

(a) Information about accessing, completing, and forwarding	112957
to the superintendent of the bureau of criminal identification and	112958
investigation the form prescribed pursuant to division (C)(1) of	112959
section 109.572 of the Revised Code and the standard impression	112960
sheet prescribed pursuant to division (C)(2) of that section;	112961

(b) Written notification that the applicant or employee is to	112962
instruct the superintendent to submit the completed report of the	112963
criminal records check directly to the chief administrator.	112964

(3) A waiver agency shall pay to the bureau of criminal	112965
identification and investigation the fee prescribed pursuant to	112966
division (C)(3) of section 109.572 of the Revised Code for any	112967
criminal records check required by this section. However, a waiver	112968
agency may require an applicant to pay to the bureau the fee for a	112969
criminal records check of the applicant. If the waiver agency pays	112970
the fee for an applicant, it may charge the applicant a fee not	112971
exceeding the amount the waiver agency pays to the bureau under	112972
this section if the waiver agency notifies the applicant at the	112973
time of initial application for employment of the amount of the	112974
fee and that, unless the fee is paid, the applicant will not be	112975
considered for employment.	112976

(G)(1) A waiver agency may employ conditionally an applicant	112977
for whom a criminal records check is required by this section	112978
prior to obtaining the results of the criminal records check if	112979
both of the following apply:	112980

(a) The waiver agency is not prohibited by division (C)(1) of	112981
this section from employing the applicant in a position that	112982
involves providing home and community-based services.	112983

(b) The chief administrator of the waiver agency requires the	112984
applicant to request a criminal records check regarding the	112985
applicant in accordance with division (F)(1) of this section not	112986
later than five business days after the applicant begins	112987
conditional employment.	112988

(2) A waiver agency that employs an applicant conditionally	112989
under division (G)(1) of this section shall terminate the	112990
applicant's employment if the results of the criminal records	112991
check, other than the results of any request for information from	112992
the federal bureau of investigation, are not obtained within the	112993
period ending sixty days after the date the request for the	112994
criminal records check is made. Regardless of when the results of	112995
the criminal records check are obtained, if the results indicate	112996
that the applicant has been convicted of,or has pleaded guilty	112997
to~~, or has been found eligible for intervention in lieu of~~	112998
~~conviction for~~ a disqualifying offense, the waiver agency shall	112999
terminate the applicant's employment unless circumstances	113000
specified in rules ~~adopted under~~authorized by this section exist	113001
that permit the waiver agency to employ the applicant and the	113002
waiver agency chooses to employ the applicant.	113003

(H) The report of any criminal records check conducted	113004
pursuant to a request made under this section is not a public	113005
record for the purposes of section 149.43 of the Revised Code and	113006
shall not be made available to any person other than the	113007
following:	113008

(1) The applicant or employee who is the subject of the	113009
criminal records check or the representative of the applicant or	113010
employee;	113011

(2) The chief administrator of the waiver agency that	113012
requires the applicant or employee to request the criminal records	113013
check or the administrator's representative;	113014

(3) The medicaid director ~~of job and family services~~ and the	113015
staff of the department who are involved in the administration of	113016
the medicaid program;	113017

(4) The director of aging or the director's designee if the	113018
waiver agency also is a community-based long-term care ~~agency~~	113019
provider or community-based long-term care subcontractor;	113020

(5) An individual receiving or deciding whether to receive	113021
home and community-based services from the subject of the criminal	113022
records check;	113023

(6) A court, hearing officer, or other necessary individual	113024
involved in a case dealing with any of the following:	113025

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

113026

(b) Employment or unemployment benefits of the applicant or	113027
employee;	113028

(c) A civil or criminal action regarding the medicaid	113029
program.	113030

(I) The medicaid director ~~of job and family services~~ shall	113031
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	113032
of the Revised Code to implement this section.	113033

(1) The rules may do the following:

113034

(a) Require employees to undergo database reviews and	113035
criminal records checks under this section;	113036

(b) If the rules require employees to undergo database	113037
reviews and criminal records checks under this section, exempt one	113038
or more classes of employees from the requirements;	113039

(c) For the purpose of division (E)(7) of this section,	113040
specify other databases that are to be checked as part of a	113041
database review conducted under this section.	113042

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

113043

(a) The procedures for conducting a database review under	113044
this section;	113045

(b) If the rules require employees to undergo database	113046
reviews and criminal records checks under this section, the times	113047
at which the database reviews and criminal records checks are to	113048
be conducted;	113049

(c) If the rules specify other databases to be checked as	113050
part of a database review, the circumstances under which a waiver	113051
agency is prohibited from employing an applicant or continuing to	113052
employ an employee who is found by the database review to be	113053
included in one or more of those databases;	113054

(d) The circumstances under which a waiver agency may employ	113055
an applicant or employee who is found by a criminal records check	113056
required by this section to have been convicted of,or have	113057
pleaded guilty to~~, or been found eligible for intervention in lieu~~	113058
~~of conviction for~~ a disqualifying offense.	113059

(J) The amendments made by H.B. 487 of the 129th general	113060
assembly to this section do not preclude the department of ~~job~~	113061
~~and family services~~medicaid from taking action against a person	113062
for failure to comply with former division (H) of this section as	113063
that division existed on the day preceding ~~the effective date of~~	113064
~~this amendment~~January 1, 2013.	113065

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	113066
means any person having at least five per cent ownership in a	113067
medicaid provider.	113068

(B)(1) No medicaid provider ~~of services or goods contracting~~	113069
~~with the department of job and family services pursuant to the~~	113070
~~medicaid program~~ shall~~, by~~do any of the following:	113071

(a) By deception, obtain or attempt to obtain payments under	113072
~~this chapter~~the medicaid program to which the provider is not	113073
entitled pursuant to the provider's provider agreement, or the	113074
rules of the federal government or the ~~department of job and~~	113075
~~family services~~medicaid director relating to the program~~. No~~	113076
~~provider shall willfully~~;	113077

(b) Willfully receive payments to which the provider is not	113078
entitled~~, or willfully~~;	113079

(c) Willfully receive payments in a greater amount than that	113080
to which the provider is entitled; ~~nor shall any provider falsify~~	113081

(d) Falsify any report or document required by state or	113082
federal law, rule, or provider agreement relating to medicaid	113083
payments. ~~As used in this section, a~~	113084

(2) A medicaid provider engages in "deception" for the	113085
purpose of this section when the provider, acting with actual	113086
knowledge of the representation or information involved, acting in	113087
deliberate ignorance of the truth or falsity of the representation	113088
or information involved, or acting in reckless disregard of the	113089
truth or falsity of the representation or information involved,	113090
deceives another or causes another to be deceived by any false or	113091
misleading representation, by withholding information, by	113092
preventing another from acquiring information, or by any other	113093
conduct, act, or omission that creates, confirms, or perpetuates a	113094
false impression in another, including a false impression as to	113095
law, value, state of mind, or other objective or subjective fact.	113096
No proof of specific intent to defraud is required to show, for	113097
purposes of this section, that a medicaid provider has engaged in	113098
deception.	113099

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	113100
this section shall be liable, in addition to any other penalties	113101
provided by law, for all of the following civil penalties:	113102

(1) Payment of interest on the amount of the excess payments	113103
at the maximum interest rate allowable for real estate mortgages	113104
under section 1343.01 of the Revised Code on the date the payment	113105
was made to the provider for the period from the date upon which	113106
payment was made, to the date upon which repayment is made to the	113107
state;	113108

(2) Payment of an amount equal to three times the amount of	113109
any excess payments;	113110

(3) Payment of a sum of not less than five thousand dollars	113111
and not more than ten thousand dollars for each deceptive claim or	113112
falsification;	113113

(4) All reasonable expenses which the court determines have	113114
been necessarily incurred by the state in the enforcement of this	113115
section.	113116

~~(C) As used in this division, "intermediate care facility for~~	113117
~~the mentally retarded" and "nursing facility" have the same~~	113118
~~meanings given in section 5111.20 of the Revised Code.~~	113119

(D) In addition to the civil penalties provided in division	113120
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	113121
~~services~~, upon the conviction of, or the entry of a judgment in	113122
either a criminal or civil action against, a medicaid provider or	113123
its owner, officer, authorized agent, associate, manager, or	113124
employee in an action brought pursuant to section 109.85 of the	113125
Revised Code, shall terminate the provider's provider agreement	113126
~~between the department and the provider~~ and stop ~~reimbursement~~	113127
payment to the provider for medicaid services rendered from the	113128
date of conviction or entry of judgment. ~~As used in this division,~~	113129
~~"owner" means any person having at least five per cent ownership~~	113130
~~in the medicaid provider.~~ No such medicaid provider, owner,	113131
officer, authorized agent, associate, manager, or employee shall	113132
own or provide medicaid services to any other medicaid provider or	113133
risk contractor or arrange for, render, or order medicaid services	113134
for medicaid recipients, nor shall such provider, owner, officer,	113135
authorized agent, associate, manager, or employee receive	113136
~~reimbursement in the form of~~ direct payments ~~from the department~~	113137
under the medicaid program or indirect payments of medicaid funds	113138
in the form of salary, shared fees, contracts, kickbacks, or	113139
rebates from or through any ~~participating~~other medicaid provider	113140
or risk contractor. The provider agreement shall not be terminated	113141
~~or reimbursement~~, and payment shall not be terminated, if the	113142
medicaid provider or owner can demonstrate that the provider or	113143
owner did not directly or indirectly sanction the action of its	113144
authorized agent, associate, manager, or employee that resulted in	113145
the conviction or entry of a judgment in a criminal or civil	113146
action brought pursuant to section 109.85 of the Revised Code.	113147
Nothing in this division prohibits any owner, officer, authorized	113148
agent, associate, manager, or employee of a medicaid provider from	113149
entering into a ~~medicaid~~ provider agreement if the person can	113150
demonstrate that the person had no knowledge of an action of the	113151
medicaid provider the person was formerly associated with that	113152
resulted in the conviction or entry of a judgment in a criminal or	113153
civil action brought pursuant to section 109.85 of the Revised	113154
Code.	113155

Nursing facility ~~or intermediate care facility for the~~	113156
~~mentally retarded~~and ICF/IID providers whose provider agreements	113157
are terminated pursuant to this section may continue to receive	113158
~~reimbursement~~medicaid payments for up to thirty days after the	113159
effective date of the termination if the provider makes reasonable	113160
efforts to transfer medicaid recipients to another facility or to	113161
alternate care and if federal ~~funds are~~financial participation is	113162
provided for ~~such reimbursement~~the payments.	113163

~~(D) For any reason permitted or required by federal law, the~~	113164
~~director of job and family services may deny a provider agreement~~	113165
~~or terminate a provider agreement.~~	113166

~~For any reason permitted or required by federal law, the~~	113167
~~director may exclude an individual, provider of services or goods,~~	113168
~~or other entity from participation in the medicaid program. No~~	113169
~~individual, provider, or entity excluded under this division shall~~	113170
~~own or provide services to any other medicaid provider or risk~~	113171
~~contractor or arrange for, render, or order services for medicaid~~	113172
~~recipients during the period of exclusion, nor, during the period~~	113173
~~of exclusion, shall such individual, provider, or entity receive~~	113174
~~reimbursement in the form of direct payments from the department~~	113175
~~or indirect payments of medicaid funds in the form of salary,~~	113176
~~shared fees, contracts, kickbacks, or rebates from or through any~~	113177
~~participating provider or risk contractor. An excluded individual,~~	113178
~~provider, or entity may request a reconsideration of the~~	113179
~~exclusion. The director shall adopt rules in accordance with~~	113180
~~Chapter 119. of the Revised Code governing the process for~~	113181
~~requesting a reconsideration.~~	113182

~~Nothing in this division limits the applicability of section~~	113183
~~5111.06 of the Revised Code to a medicaid provider.~~	113184

~~(E) Any provider of services or goods contracting with the~~	113185
~~department of job and family services pursuant to Title XIX of the~~	113186
~~"Social Security Act," who, without intent, obtains payments under~~	113187
~~this chapter in excess of the amount to which the provider is~~	113188
~~entitled, thereby becomes liable for payment of interest on the~~	113189
~~amount of the excess payments at the maximum real estate mortgage~~	113190
~~rate on the date the payment was made to the provider for the~~	113191
~~period from the date upon which payment was made to the date upon~~	113192
~~which repayment is made to the state.~~	113193

~~(F)~~(E) The attorney general on behalf of the state may	113194
commence proceedings to enforce this section in any court of	113195
competent jurisdiction; and the attorney general may settle or	113196
compromise any case brought under this section with the approval	113197
of the department of ~~job and family services~~medicaid.	113198
Notwithstanding any other provision of law providing a shorter	113199
period of limitations, the attorney general may commence a	113200
proceeding to enforce this section at any time within six years	113201
after the conduct in violation of this section terminates.	113202

~~(G) The authority, under state and federal law, of the~~	113203
~~department of job and family services or a county department of~~	113204
~~job and family services to recover excess payments made to a~~	113205
~~provider is not limited by the availability of remedies under~~	113206
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	113207
~~benefits paid on behalf of recipients of medical assistance.~~	113208

~~The penalties under this chapter apply to any overpayment,~~	113209
~~billing, or falsification occurring on and after April 24, 1978.~~	113210
(F) All moneys collected by the state pursuant to this section	113211
shall be deposited in the state treasury to the credit of the	113212
general revenue fund.	113213

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

113214

(1) "~~Creditable~~Credible allegation of fraud" has the same	113215
meaning as in 42 C.F.R. 455.2, except that for purposes of this	113216
section any reference in that regulation to the "state" or the	113217
"state medicaid agency" means the department of ~~job and family~~	113218
~~services~~medicaid.	113219

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	113220
~~the Revised Code.~~	113221

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	113222
5164.37 of the Revised Code.	113223

(B)(1) Except as provided in division (C) of this section and	113224
in rules ~~adopted~~authorized by ~~the department of job and family~~	113225
~~services under division (J) of~~ this section, on determining there	113226
is a ~~creditable~~credible allegation of fraud for which an	113227
investigation is pending under the medicaid program against a	113228
medicaid provider, the department of medicaid shall suspend the	113229
provider agreement held by the provider. Subject to division (C)	113230
of this section, the department shall also terminate medicaid	113231
~~reimbursement~~payments to the provider for services rendered.	113232

(2)(a) The suspension shall continue in effect until either	113233
of the following is the case:	113234

(i) The department or a prosecuting authority determines that	113235
there is insufficient evidence of fraud by the medicaid provider;	113236

(ii) The proceedings in any related criminal case are	113237
completed through dismissal of the indictment or through	113238
conviction, entry of a guilty plea, or finding of not guilty.	113239

(b) If the department commences a process to terminate the	113240
suspended provider agreement, the suspension shall also continue	113241
in effect until the termination process is concluded.	113242

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	113243
~~department is not required to take action under division (B)(1) of~~	113244
~~this section by issuing an order pursuant to an adjudication in~~	113245
~~accordance with Chapter 119. of the Revised Code.~~	113246

~~(4)~~ When subject to a suspension under this section, a	113247
medicaid provider, owner, officer, authorized agent, associate,	113248
manager, or employee shall not own or provide services to any	113249
other medicaid provider or risk contractor or arrange for, render,	113250
or order services to any other medicaid provider or risk	113251
contractor or arrange for, render, or order services for medicaid	113252
recipients during the period of suspension. During the period of	113253
suspension, the provider, owner, officer, authorized agent,	113254
associate, manager, or employee shall not receive ~~reimbursement in~~	113255
~~the form of~~ direct payments ~~from the department~~under the medicaid	113256
program or indirect payments of medicaid funds in the form of	113257
salary, shared fees, contracts, kickbacks, or rebates from or	113258
through any ~~participating~~other medicaid provider or risk	113259
contractor.	113260

(C) The department shall not suspend a provider agreement or	113261
terminate medicaid ~~reimbursement~~payments under division (B) of	113262
this section if the medicaid provider or owner can demonstrate	113263
through the submission of written evidence that the provider or	113264
owner did not directly or indirectly sanction the action of its	113265
authorized agent, associate, manager, or employee that resulted in	113266
the ~~creditable~~credible allegation of fraud.	113267

(D) The termination of medicaid ~~reimbursement~~payment under	113268
division (B) of this section applies only to payments for medicaid	113269
services rendered subsequent to the date on which the notice	113270
required by division (E) of this section is sent. Claims for	113271
~~reimbursement~~payment of medicaid services rendered by the	113272
medicaid provider prior to the issuance of the notice may be	113273
subject to prepayment review procedures whereby the department	113274
reviews claims to determine whether they are supported by	113275
sufficient documentation, are in compliance with state and federal	113276
statutes and rules, and are otherwise complete.	113277

(E) After suspending a provider agreement under division (B)	113278
of this section, the department shall, as specified in 42 C.F.R.	113279
455.23(b), send notice of the suspension to the affected medicaid	113280
provider or owner in accordance with the following timeframes:	113281

(1) Not later than five days after the suspension, unless a	113282
law enforcement agency makes a written request to temporarily	113283
delay the notice;	113284

(2) If a law enforcement agency makes a written request to	113285
temporarily delay the notice, not later than thirty days after the	113286
suspension occurs subject to the conditions specified in division	113287
(F) of this section.	113288

(F) A written request for a temporary delay described in	113289
division (E)(2) of this section may be renewed in writing by a law	113290
enforcement agency not more than two times except that under no	113291
circumstances shall the notice be issued more than ninety days	113292
after the suspension occurs.	113293

(G) The notice required by division (E) of this section shall	113294
do all of the following:	113295

(1) State that payments are being suspended in accordance	113296
with this section and 42 C.F.R. 455.23;	113297

(2) Set forth the general allegations related to the nature	113298
of the conduct leading to the suspension, except that it is not	113299
necessary to disclose any specific information concerning an	113300
ongoing investigation;	113301

(3) State that the suspension continues to be in effect until	113302
either of the following is the case:	113303

(a) The department or a prosecuting authority determines that	113304
there is insufficient evidence of fraud by the provider;	113305

(b) The proceedings in any related criminal case are	113306
completed through dismissal of the indictment or through	113307
conviction, entry of a guilty plea, or finding of not guilty and,	113308
if the department commences a process to terminate the suspended	113309
provider agreement, until the termination process is concluded.	113310

(4) Specify, if applicable, the type or types of medicaid	113311
claims or business units of the medicaid provider that are	113312
affected by the suspension;	113313

(5) Inform the medicaid provider or owner of the opportunity	113314
to submit to the department, not later than thirty days after	113315
receiving the notice, a request for reconsideration of the	113316
suspension in accordance with division (H) of this section.	113317

(H)(1) Pursuant to the procedure specified in division (H)(2)	113318
of this section, a medicaid provider or owner subject to a	113319
suspension under this section may request a reconsideration of the	113320
suspension. The request shall be made not later than thirty days	113321
after receipt of a notice required by division (E) of this	113322
section. The reconsideration is not subject to an adjudication	113323
hearing pursuant to Chapter 119. of the Revised Code.	113324

(2) In requesting a reconsideration, the medicaid provider or	113325
owner shall submit written information and documents to the	113326
department. The information and documents may pertain to any of	113327
the following issues:	113328

(a) Whether the determination to suspend the provider	113329
agreement was based on a mistake of fact, other than the validity	113330
of an indictment in a related criminal case.	113331

(b) If there has been an indictment in a related criminal	113332
case, whether any offense charged in the indictment resulted from	113333
an offense specified in division (E) of section ~~5111.031~~5164.37	113334
of the Revised Code.	113335

(c) Whether the provider or owner can demonstrate that the	113336
provider or owner did not directly or indirectly sanction the	113337
action of its authorized agent, associate, manager, or employee	113338
that resulted in the suspension under this section or an	113339
indictment in a related criminal case.	113340

(I) The department shall review the information and documents	113341
submitted in a request made under division (H) of this section for	113342
reconsideration of a suspension. After the review, the suspension	113343
may be affirmed, reversed, or modified, in whole or in part. The	113344
department shall notify the affected provider or owner of the	113345
results of the review. The review and notification of its results	113346
shall be completed not later than forty-five days after receiving	113347
the information and documents submitted in a request for	113348
reconsideration.	113349

(J) ~~The department may adopt rules in accordance with Chapter~~	113350
~~119. of the Revised Code to implement this section. The rules~~	113351
Rules adopted under section 5164.02 of the Revised Code may	113352
specify circumstances under which the department would not suspend	113353
a provider agreement pursuant to this section.	113354

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

113355

(1) "Independent provider" has the same meaning as in section	113356
~~5111.034~~5164.341 of the Revised Code.	113357

(2) ~~"Intermediate care facility for the mentally retarded"~~	113358
~~and "nursing facility" have the same meanings as in section~~	113359
~~5111.20 of the Revised Code.~~	113360

~~(3)~~ "Noninstitutional medicaid provider" means any person or	113361
entity with a ~~medicaid~~ provider agreement other than a hospital,	113362
nursing facility, or ~~intermediate care facility for the mentally~~	113363
~~retarded~~ICF/IID.	113364

~~(4)~~(3) "Owner" means any person having at least five per cent	113365
ownership in a noninstitutional medicaid provider.	113366

(B) Notwithstanding any provision of this chapter to the	113367
contrary, the department of ~~job and family services~~medicaid shall	113368
take action under this section against a noninstitutional medicaid	113369
provider or its owner, officer, authorized agent, associate,	113370
manager, or employee.	113371

(C) Except as provided in division (D) of this section and in	113372
rules ~~adopted~~authorized by ~~the department under division (H) of~~	113373
this section, on receiving notice and a copy of an indictment that	113374
is issued on or after September 29, 2007, and charges a	113375
noninstitutional medicaid provider or its owner, officer,	113376
authorized agent, associate, manager, or employee with committing	113377
an offense specified in division (E) of this section, the	113378
department shall suspend the provider agreement held by the	113379
noninstitutional medicaid provider. Subject to division (D) of	113380
this section, the department shall also terminate medicaid	113381
~~reimbursement~~payments to the provider for medicaid services	113382
rendered.	113383

The suspension shall continue in effect until the proceedings	113384
in the criminal case are completed through dismissal of the	113385
indictment or through conviction, entry of a guilty plea, or	113386
finding of not guilty. If the department commences a process to	113387
terminate the suspended provider agreement, the suspension shall	113388
also continue in effect until the termination process is	113389
concluded.	113390

~~Pursuant to section 5111.06 of the Revised Code, the~~	113391
~~department is not required to take action under this division by~~	113392
~~issuing an order pursuant to an adjudication conducted in~~	113393
~~accordance with Chapter 119. of the Revised Code.~~	113394

When subject to a suspension under this division, a provider,	113395
owner, officer, authorized agent, associate, manager, or employee	113396
shall not own or provide medicaid services to any other medicaid	113397
provider or risk contractor or arrange for, render, or order	113398
medicaid services for medicaid recipients during the period of	113399
suspension. During the period of suspension, the provider, owner,	113400
officer, authorized agent, associate, manager, or employee shall	113401
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	113402
under the ~~department~~medicaid program or indirect payments of	113403
medicaid funds in the form of salary, shared fees, contracts,	113404
kickbacks, or rebates from or through any ~~participating~~other	113405
medicaid provider or risk contractor.	113406

(D)(1) The department shall not suspend a provider agreement	113407
or terminate medicaid ~~reimbursement~~payments under division (C) of	113408
this section if the provider or owner can demonstrate through the	113409
submission of written evidence that the provider or owner did not	113410
directly or indirectly sanction the action of its authorized	113411
agent, associate, manager, or employee that resulted in the	113412
indictment.	113413

(2) The termination of medicaid ~~reimbursement~~payments	113414
applies only to payments for medicaid services rendered subsequent	113415
to the date on which the notice required under division (F) of	113416
this section is sent. Claims for ~~reimbursement~~payment for	113417
medicaid services rendered by the provider prior to the issuance	113418
of the notice may be subject to prepayment review procedures	113419
whereby the department reviews claims to determine whether they	113420
are supported by sufficient documentation, are in compliance with	113421
state and federal statutes and rules, and are otherwise complete.	113422

(E)(1) In the case of a noninstitutional medicaid provider	113423
that is not an independent provider, the suspension of a provider	113424
agreement under division (C) of this section applies when an	113425
indictment charges a person with committing an act that would be a	113426
felony or misdemeanor under the laws of this state and the act	113427
relates to or results from either of the following:	113428

(a) Furnishing or billing for ~~medical care,~~medicaid	113429
services~~, or supplies~~ under the medicaid program;	113430

(b) Participating in the performance of management or	113431
administrative services relating to furnishing ~~medical care,~~	113432
medicaid services~~, or supplies~~ under the medicaid program.	113433

(2) In the case of a noninstitutional medicaid provider that	113434
is an independent provider, the suspension of a provider agreement	113435
under division (C) of this section applies when an indictment	113436
charges a person with committing an act that would constitute a	113437
disqualifying offense as defined in section ~~5111.032~~5164.34 of	113438
the Revised Code.	113439

(F) Not later than five days after suspending a provider	113440
agreement under division (C) of this section, the department shall	113441
send notice of the suspension to the affected provider or owner.	113442
In providing the notice, the department shall do all of the	113443
following:	113444

(1) Describe the indictment that was the cause of the	113445
suspension, without necessarily disclosing specific information	113446
concerning any ongoing civil or criminal investigation;	113447

(2) State that the suspension will continue in effect until	113448
the proceedings in the criminal case are completed through	113449
dismissal of the indictment or through conviction, entry of a	113450
guilty plea, or finding of not guilty and, if the department	113451
commences a process to terminate the suspended provider agreement,	113452
until the termination process is concluded;	113453

(3) Inform the provider or owner of the opportunity to submit	113454
to the department, not later than thirty days after receiving the	113455
notice, a request for a reconsideration pursuant to division (G)	113456
of this section.	113457

(G)(1) Pursuant to the procedure specified in division (G)(2)	113458
of this section, a noninstitutional medicaid provider or owner	113459
subject to a suspension under this section may request a	113460
reconsideration. The request shall be made not later than thirty	113461
days after receipt of the notice provided under division (F) of	113462
this section. The reconsideration is not subject to an	113463
adjudication hearing pursuant to Chapter 119. of the Revised Code.	113464

(2) In requesting a reconsideration, the provider or owner	113465
shall submit written information and documents to the department.	113466
The information and documents may pertain to any of the following	113467
issues:	113468

(a) Whether the determination to suspend the provider	113469
agreement was based on a mistake of fact, other than the validity	113470
of the indictment;	113471

(b) Whether any offense charged in the indictment resulted	113472
from an offense specified in division (E) of this section;	113473

(c) Whether the provider or owner can demonstrate that the	113474
provider or owner did not directly or indirectly sanction the	113475
action of its authorized agent, associate, manager, or employee	113476
that resulted in the indictment.	113477

(3) The department shall review the information and documents	113478
submitted in a request for reconsideration. After the review, the	113479
suspension may be affirmed, reversed, or modified, in whole or in	113480
part. The department shall notify the affected provider or owner	113481
of the results of the review. The review and notification of its	113482
results shall be completed not later than forty-five days after	113483
receiving the information and documents submitted in a request for	113484
reconsideration.	113485

(H) ~~The department may adopt rules in accordance with Chapter~~	113486
~~119. of the Revised Code to implement this section. The rules~~	113487
Rules adopted under section 5164.02 of the Revised Code may	113488
specify circumstances under which the department would not suspend	113489
a provider agreement pursuant to this section.	113490

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	113491
~~sections 5111.061 and 5111.063 of the Revised Code~~:	113492

~~(a) "Provider" means any person, institution, or entity that~~	113493
~~furnishes medicaid services under a provider agreement with the~~	113494
~~department of job and family services pursuant to Title XIX of the~~	113495
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	113496
~~amended.~~	113497

~~(b) "Party" has the same meaning as in division (G) of~~	113498
~~section 119.01 of the Revised Code.~~	113499

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	113500
of section 119.01 of the Revised Code.	113501

(2) "Party" has the same meaning as in division (G) of	113502
section 119.01 of the Revised Code.	113503

(3) "Revalidate" means to approve a medicaid provider's	113504
continued enrollment as a medicaid provider in accordance with the	113505
revalidation process established in rules authorized by section	113506
5164.32 of the Revised Code.	113507

(B) This section does not apply to either of the following:

113508

~~(a)~~(1) Any action taken or decision made by the department of	113509
~~job and family services~~medicaid with respect to entering into or	113510
refusing to enter into a contract with a managed care organization	113511
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	113512

~~(b)~~(2) Any action taken by the department under sections	113513
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	113514

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	113515
and section ~~5111.914~~5164.58 of the Revised Code, the department	113516
shall do ~~either~~any of the following by issuing an order pursuant	113517
to an adjudication conducted in accordance with Chapter 119. of	113518
the Revised Code:	113519

(1) ~~Enter into or refuse~~Refuse to enter into a provider	113520
agreement with a medicaid provider~~, or suspend,~~;	113521

(2) Refuse to revalidate a medicaid provider's provider	113522
agreement;	113523

(3) Suspend or terminate~~, renew, or refuse to renew an~~	113524
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	113525

~~(2)~~(4) Take any action based upon a final fiscal audit of a	113526
medicaid provider.	113527

~~(C)~~(D) Any party who is adversely affected by the issuance of	113528
an adjudication order under division ~~(B)~~(C) of this section may	113529
appeal to the court of common pleas of Franklin county in	113530
accordance with section 119.12 of the Revised Code.	113531

~~(D)~~(E) The department is not required to comply with division	113532
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	113533
following occur:	113534

(1) The terms of a provider agreement require the medicaid	113535
provider to hold a license, permit, or certificate or maintain a	113536
certification issued by an official, board, commission,	113537
department, division, bureau, or other agency of state or federal	113538
government other than the department of ~~job and family services~~	113539
medicaid, and the license, permit, certificate, or certification	113540
has been denied, revoked, not renewed, suspended, or otherwise	113541
limited.	113542

(2) The terms of a provider agreement require the medicaid	113543
provider to hold a license, permit, or certificate or maintain	113544
certification issued by an official, board, commission,	113545
department, division, bureau, or other agency of state or federal	113546
government other than the department of ~~job and family services~~	113547
medicaid, and the provider has not obtained the license, permit,	113548
certificate, or certification.	113549

(3) The medicaid provider's application for a provider	113550
agreement is denied, or the provider's provider agreement is	113551
terminated, or not ~~renewed due~~revalidated, because of or	113552
pursuant to ~~the~~any of the following:	113553

(a) The termination, refusal to renew, or denial of a	113554
license, permit, certificate, or certification by an official,	113555
board, commission, department, division, bureau, or other agency	113556
of this state other than the department of ~~job and family services~~	113557
medicaid, notwithstanding the fact that the provider may hold a	113558
license, permit, certificate, or certification from an official,	113559
board, commission, department, division, bureau, or other agency	113560
of another state.	113561

~~(4) The provider agreement is denied, terminated, or not~~	113562
~~renewed pursuant to division (C)~~;	113563

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	113564
Revised Code.	113565

~~(5) The provider agreement is denied, terminated, or not~~	113566
~~renewed due to the~~;	113567

(c) The provider's termination, suspension, or exclusion from	113568
the medicare program ~~established under Title XVIII of the "Social~~	113569
~~Security Act"~~ or from another state's medicaid program and, in	113570
either case, the termination, suspension, or exclusion is binding	113571
on the provider's participation in the medicaid program in this	113572
state.	113573

~~(6) The provider agreement is denied, terminated, or not~~	113574
~~renewed due to the~~;	113575

(d) The provider's pleading guilty to or being convicted of a	113576
criminal activity materially related to either the medicare or	113577
medicaid program;	113578

(e) The provider or its owner, officer, authorized agent,	113579
associate, manager, or employee having been convicted of one of	113580
the offenses that caused the provider's provider agreement to be	113581
suspended pursuant to section 5164.36 of the Revised Code;	113582

(f) The provider's failure to provide the department the	113583
national provider identifier assigned the provider by the national	113584
provider system pursuant to 45 C.F.R. 162.408.	113585

~~(7)~~(4) The medicaid provider's application for a provider	113586
agreement is denied, or the provider's provider agreement is	113587
terminated, or suspended, as a result of action by the United	113588
States department of health and human services and that action is	113589
binding on the provider's medicaid participation ~~in the medicaid~~	113590
~~program~~.	113591

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	113592
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	113593
provider agreement is suspended and payments to the provider are	113594
suspended pending indictment of the provider.	113595

~~(9) The provider agreement is denied, terminated, or not~~	113596
~~renewed because the provider or its owner, officer, authorized~~	113597
~~agent, associate, manager, or employee has been convicted of one~~	113598
~~of the offenses that caused the provider agreement to be suspended~~	113599
~~pursuant to section 5111.031 of the Revised Code.~~	113600

~~(10)~~(6) The medicaid provider's application for a provider	113601
agreement is denied because the provider's application was not	113602
complete;	113603

(7) The medicaid provider's provider agreement is converted	113604
under section ~~5111.028~~5164.32 of the Revised Code from a	113605
provider agreement that is not time-limited to a provider	113606
agreement that is time-limited.	113607

~~(11) The provider agreement is terminated or an application~~	113608
~~for re-enrollment is denied because the provider has failed to~~	113609
~~apply for re-enrollment within the time or in the manner specified~~	113610
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	113611
facility or ICF/IID, the provider's provider agreement is not	113612
revalidated pursuant to division (B)(1) of section ~~5111.028~~	113613
5164.32 of the Revised Code.	113614

~~(12)~~(9) The medicaid provider's provider agreement is	113615
suspended or, terminated, or ~~an application for enrollment or~~	113616
~~re-enrollment is denied, for any~~not revalidated because of either	113617
of the following:	113618

(a) Any reason authorized or required by one or more of the	113619
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	113620
455.450.	113621

~~(13) The provider agreement is terminated or not renewed~~	113622
~~because the~~;	113623

(b) The provider has not billed or otherwise submitted a	113624
medicaid claim ~~to the department~~ for two years or longer.	113625

~~(14) The provider agreement is denied, terminated, or not~~	113626
~~renewed because the provider fails to provide to the department~~	113627
~~the national provider identifier assigned the provider by the~~	113628
~~national provider system pursuant to 45 C.F.R. 162.408.~~	113629

(F) In the case of a medicaid provider described in division	113630
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	113631
department may take its ~~proposed~~ action ~~against a provider~~	113632
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	113633
the provider. The notice shall be sent to the medicaid provider's	113634
address on record with the department. The notice may be sent by	113635
regular mail.	113636

~~(E)~~(G) The department may withhold payments for medicaid	113637
services rendered by a medicaid provider ~~under the medicaid~~	113638
~~program~~ during the pendency of proceedings initiated under	113639
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	113640
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	113641
section, the department may withhold payments only to the extent	113642
that they equal amounts determined in a final fiscal audit as	113643
being due the state. This division does not apply if the	113644
department fails to comply with section 119.07 of the Revised	113645
Code, requests a continuance of the hearing, or does not issue a	113646
decision within thirty days after the hearing is completed. This	113647
division does not apply to nursing facilities and ~~intermediate~~	113648
~~care facilities for the mentally retarded as defined in section~~	113649
~~5111.20 of the Revised Code~~ICFs/IID.	113650

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	113651
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	113652
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	113653
~~this chapter~~state statute governing the medicaid program that	113654
requires the department to give notice of an opportunity for a	113655
hearing in accordance with Chapter 119. of the Revised Code, if	113656
the department gives notice of the opportunity for a hearing but	113657
the medicaid provider or other entity subject to the notice does	113658
not request a hearing or timely request a hearing in accordance	113659
with section 119.07 of the Revised Code, the department is not	113660
required to hold a hearing. The medicaid director ~~of job and~~	113661
~~family service~~ may proceed by issuing a final adjudication order	113662
in accordance with Chapter 119. of the Revised Code.	113663

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	113664
~~services~~medicaid may contract with any person or persons as a	113665
fiscal agent for the examination, processing, and determination of	113666
~~medical assistance~~medicaid claims ~~under this chapter~~. The	113667
contracting party may provide any of the following services, as	113668
required by the contract:	113669

(1) Design and operate medicaid management information	113670
systems, including the provision of data processing services;	113671

(2) Determine the amounts of payments to be made upon claims	113672
for ~~medical assistance~~medicaid;	113673

(3) Prepare and furnish to the department lists and computer	113674
tapes of such claims for payment;	113675

(4) In addition to audits which may be conducted by the	113676
department and by the auditor of state, make audits of providers	113677
and the claims of medicaid providers ~~of medical assistance~~	113678
according to the standards set forth in the contract;	113679

(5) Assist medicaid providers ~~of medical assistance~~ in the	113680
development of procedures relating to utilization practices, make	113681
studies of the effectiveness of such procedures and methods for	113682
their improvement, implement and enforce standards of medical	113683
policy, and assist in the application of safeguards against	113684
unnecessary utilization;	113685

(6) Assist any institution, facility, or agency to qualify as	113686
a medicaid provider ~~of medical assistance~~;	113687

(7) Establish and maintain fiscal records for the ~~medical~~	113688
~~assistance~~medicaid program;	113689

(8) Perform statistical and research studies;

113690

(9) Develop and implement programs for ~~medical assistance~~	113691
medicaid cost containment;	113692

(10) Perform such other duties as are necessary to carry out	113693
the ~~medical assistance~~medicaid program.	113694

(B) The department ~~of job and family services~~ may contract	113695
with any person or persons as an insuring agent for the	113696
examination, processing, and determination of ~~medical assistance~~	113697
medicaid claims, as provided in division (A) of this section, and	113698
for the payment of ~~medical assistance~~medicaid claims through an	113699
underwritten program in which the state pays the insuring agent a	113700
monthly premium and the insuring agent pays for ~~medical~~medicaid	113701
services ~~authorized under the state's medical assistance program~~.	113702
The person with whom the department contracts, with respect to the	113703
awarding, provisions, and performance of such contract, shall not	113704
be subject to the provisions of Title XXXIX of the Revised Code or	113705
to regulation by the department of insurance, nor to taxation as	113706
an insurance company pursuant to section 5725.18 or 5729.03 of the	113707
Revised Code. A contract with an insuring agent shall specify the	113708
qualifications, including capital and surplus requirements, and	113709
other conditions with which the insuring agent must comply.	113710

(C) In entering into a contract under this section, the	113711
department, in cooperation with the director of budget and	113712
management, shall determine that the contracting party is	113713
qualified to perform the required services and shall follow	113714
applicable procedures required of the department of administrative	113715
services in sections 125.07 to 125.11 of the Revised Code. A	113716
contract shall be awarded to the bidder who, with due	113717
consideration to the bidder's experience and financial capability,	113718
offers the lowest and best bid to the state for control of the	113719
costs of the ~~medical assistance~~medicaid program consistent with	113720
meeting the obligations under that program for fair and equitable	113721
treatment of medicaid recipients and medicaid providers ~~of medical~~	113722
~~services~~. Any arrangement whereby funds are paid to an insuring or	113723
fiscal agent for administrative functions under this section	113724
shall, for the purposes of section 125.081 of the Revised Code, be	113725
deemed to be a contract or purchase by the department of	113726
administrative services; however, money to be used by an insuring	113727
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	113728
~~state's medical assistance program~~ shall not be deemed a contract	113729
or purchase within the meaning of such section.	113730

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	113731
"electronic claims submission process" means any of the following:	113732

(1) Electronic interchange of data;

113733

(2) Direct entry of data through an internet-based mechanism	113734
implemented by the department of ~~job and family services~~medicaid;	113735

(3) Any other process for the electronic submission of claims	113736
that is specified in rules adopted under ~~this~~ section 5162.02 of	113737
the Revised Code.	113738

(B) Not later than January 1, 2013, and except as provided in	113739
division (C) of this section, each medicaid provider ~~of services~~	113740
~~to medicaid recipients~~ shall do both of the following:	113741

(1) Use only an electronic claims submission process to	113742
submit to the department of ~~job and family services~~medicaid	113743
claims for medicaid ~~reimbursement~~payment for medicaid services	113744
provided to medicaid recipients;	113745

(2) Arrange to receive medicaid ~~reimbursement~~payment from	113746
the department by means of electronic funds transfer.	113747

(C) Division (B) of this section does not apply to any of the	113748
following:	113749

(1) A nursing facility~~, as defined in section 5111.20 of the~~	113750
~~Revised Code~~;	113751

(2) An ~~intermediate care facility for the mentally retarded,~~	113752
~~as defined in section 5111.20 of the Revised Code~~ICF/IID;	113753

(3) A medicaid managed care organization ~~under contract with~~	113754
~~the department pursuant to section 5111.17 of the Revised Code~~;	113755

(4) Any other medicaid provider or type of medicaid provider	113756
designated in rules adopted under ~~this~~ section 5162.02 of the	113757
Revised Code.	113758

(D) The department shall not process a medicaid claim	113759
submitted on or after January 1, 2013, unless the claim is	113760
submitted through an electronic claims submission process in	113761
accordance with this section.	113762

~~(E) The director of job and family services may adopt rules~~	113763
~~in accordance with Chapter 119. of the Revised Code as the~~	113764
~~director considers necessary to implement this section.~~	113765

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

113766

~~(1) "Federal financial participation" means the federal~~	113767
~~government's share of expenditures made by an entity in~~	113768
~~implementing the medicaid program.~~	113769

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	113770
known as the Ohio children's hospital solutions for patient	113771
safety, which was formed for the purpose of improving pediatric	113772
patient care in this state, which performs functions that are	113773
included within the functions of a peer review committee as	113774
defined in section 2305.25 of the Revised Code, and which consists	113775
of all of the following members: Akron children's hospital,	113776
Cincinnati children's hospital medical center, Cleveland clinic	113777
children's hospital, Dayton children's medical center, mercy	113778
children's hospital, nationwide children's hospital, rainbow	113779
babies & children's hospital, and Toledo children's hospital.	113780

(B) If, as authorized by section ~~5101.10~~5160.10 of the	113781
Revised Code, the ~~department of job and family services~~medicaid	113782
director chooses to contract with a person to perform either or	113783
both of the following services, itthe director may contract with	113784
any qualified person, including OCHSPS, to perform the service or	113785
services on ~~the department's~~ behalf of the department of medicaid:	113786

(1) Review and analyze claims for ~~medical assistance made~~	113787
~~under this chapter~~medicaid services provided to children in	113788
accordance with all state and federal laws governing the	113789
confidentiality of patient-identifying information;	113790

(2) Perform quality assurance and quality review functions,	113791
other than those described in division (B)(1) of this section,	113792
related to ~~medical assistance made under this chapter~~medicaid	113793
services provided to children.	113794

The functions specified in division (B)(2) of this section	113795
may include those recommended by the best evidence for advancing	113796
child health in Ohio now (BEACON) council.	113797

(C) If the ~~department~~director enters into a contract with	113798
OCHSPS for OCHSPS to perform either or both of the services	113799
described in division (B) of this section, OCHSPS shall, only for	113800
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	113801
considered a public entity and the ~~department~~director shall seek	113802
federal financial participation for costs incurred by OCHSPS in	113803
performing the service or services.	113804

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	113805
~~family services~~ may ~~submit a medicaid state plan amendment or~~	113806
~~request for a federal waiver to the United States secretary of~~	113807
~~health and human services as necessary to~~ implement~~, at the~~	113808
~~director's discretion,~~ a system under which medicaid payments for	113809
~~medical assistance provided under the~~ medicaid ~~program~~services	113810
are made to an organization on behalf of ~~the~~medicaid providers of	113811
~~the medical assistance~~. The system may not provide for an	113812
organization to receive an amount that exceeds, in aggregate, the	113813
amount the ~~department~~medicaid program would have paid directly to	113814
~~the~~medicaid providers if not for this section.	113815

Sec. 5164.55. The department of medicaid may conduct final	113816
fiscal audits of medicaid providers in accordance with the	113817
applicable requirements set forth in federal laws and regulations	113818
and determine any amounts the provider may owe the state. When	113819
conducting final fiscal audits, the department shall consider	113820
generally accepted auditing standards, which include the use of	113821
statistical sampling.	113822

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	113823
amount determined to be owed the state by a final fiscal audit	113824
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	113825
the Revised Code, upon the issuance of an adjudication order	113826
pursuant to Chapter 119. of the Revised Code that contains a	113827
finding that there is a preponderance of the evidence that ~~the~~a	113828
medicaid provider will liquidate assets or file bankruptcy in	113829
order to prevent payment of the amount determined to be owed the	113830
state, becomes a lien upon the real and personal property of the	113831
provider. Upon failure of the provider to pay the amount to the	113832
state, the medicaid director ~~of job and family services~~ shall file	113833
notice of the lien, for which there shall be no charge, in the	113834
office of the county recorder of the county in which it is	113835
ascertained that the provider owns real or personal property. The	113836
director shall notify the provider by mail of the lien, but	113837
absence of proof that the notice was sent does not affect the	113838
validity of the lien. The lien is not valid as against the claim	113839
of any mortgagee, pledgee, purchaser, judgment creditor, or other	113840
lienholder of record at the time the notice is filed.	113841

If the provider acquires real or personal property after	113842
notice of the lien is filed, the lien shall not be valid as	113843
against the claim of any mortgagee, pledgee, subsequent bona fide	113844
purchaser for value, judgment creditor, or other lienholder of	113845
record to such after-acquired property unless the notice of lien	113846
is refiled after the property is acquired by the provider and	113847
before the competing lien attaches to the after-acquired property	113848
or before the conveyance to the subsequent bona fide purchaser for	113849
value.	113850

When the amount has been paid, the provider may record with	113851
the recorder notice of the payment. For recording such notice of	113852
payment, the recorder shall charge and receive from the provider a	113853
base fee of one dollar for services and a housing trust fund fee	113854
of one dollar pursuant to section 317.36 of the Revised Code.	113855

In the event of a distribution of athe provider's assets	113856
pursuant to an order of any court under the law of this state	113857
including any receivership, assignment for benefit of creditors,	113858
adjudicated insolvency, or similar proceedings, amounts then or	113859
thereafter due the state under ~~this chapter~~the medicaid program	113860
have the same priority as provided by law for the payment of taxes	113861
due the state and shall be paid out of the receivership trust fund	113862
or other such trust fund in the same manner as provided for claims	113863
for unpaid taxes due the state.	113864

If the attorney general finds after investigation that any	113865
amount due the state under ~~this chapter~~the medicaid program is	113866
uncollectable, in whole or in part, the attorney general shall	113867
recommend to the director the cancellation of all or part of the	113868
claim. The director may thereupon effect the cancellation.	113869

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	113870
"adjudication" has the same meaning as in section 119.01 of the	113871
Revised Code.	113872

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	113873
section, the department of ~~job and family services~~medicaid may	113874
recover a medicaid payment or portion of a payment made to a	113875
medicaid provider to which the provider is not entitled if the	113876
department notifies the provider of the overpayment during the	113877
five-year period immediately following the end of the state fiscal	113878
year in which the overpayment was made.	113879

(2) In the case of a hospital medicaid provider, if the	113880
department determines as a result of a medicare or medicaid cost	113881
report settlement that the provider received an amount under the	113882
medicaid program to which the provider is not entitled, the	113883
department may recover the overpayment if the department notifies	113884
the provider of the overpayment during the later of the following:	113885

(a) The five-year period immediately following the end of the	113886
state fiscal year in which the overpayment was made;	113887

(b) The one-year period immediately following the date the	113888
department receives from the United States centers for medicare	113889
and medicaid services a completed, audited, medicare cost report	113890
for the provider that applies to the state fiscal year in which	113891
the overpayment was made.	113892

~~(B)~~(C) Among the overpayments that may be recovered under	113893
this section are the following:	113894

(1) Payment for a medicaid service, or a day of service, not	113895
rendered;	113896

(2) Payment for a day of service at a full per diem rate that	113897
should have been paid at a percentage of the full per diem rate;	113898

(3) Payment for a medicaid service, or day of service, that	113899
was paid by, or partially paid by, a third party, as defined in	113900
section ~~5101.571~~5160.35 of the Revised Code, and the third	113901
party's payment or partial payment was not offset against the	113902
amount paid by the medicaid program to reduce or eliminate the	113903
amount that was paid by the medicaid program;	113904

(4) Payment when a medicaid recipient's responsibility for	113905
payment was understated and resulted in an overpayment to the	113906
provider.	113907

~~(C)~~(D) The department may recover an overpayment under this	113908
section prior to or after any of the following:	113909

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	113910
5164.38 of the Revised Code requires to be conducted in accordance	113911
with Chapter 119. of the Revised Code;	113912

(2) Adjudication of a finding under any other provision of	113913
~~this chapter~~state statutes governing the medicaid program or the	113914
rules adopted under itthose statutes;	113915

(3) Expiration of the time to issue a final fiscal audit that	113916
section ~~5111.06~~5164.38 of the Revised Code requires to be	113917
conducted in accordance with Chapter 119. of the Revised Code;	113918

(4) Expiration of the time to issue a finding under any other	113919
provision of ~~this chapter~~state statutes governing the medicaid	113920
program or the rules adopted under itthose statutes.	113921

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	113922
recovery of an overpayment under this section does not preclude	113923
the department from subsequently doing the following:	113924

(a) Issuing a final fiscal audit in accordance with Chapter	113925
119. of the Revised Code, as required under section ~~5111.06~~	113926
5164.38 of the Revised Code;	113927

(b) Issuing a finding under any other provision of ~~this~~	113928
~~chapter~~state statutes governing the medicaid program or the rules	113929
adopted under itthose statutes.	113930

(2) A final fiscal audit or finding issued subsequent to the	113931
recovery of an overpayment under this section shall be reduced by	113932
the amount of the prior recovery, as appropriate.	113933

~~(E)~~(F) Nothing in this section limits the department's	113934
authority to recover overpayments pursuant to any other provision	113935
of the Revised Code.	113936

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	113937
~~"provider" has the same meaning as in section 5111.06 of the~~	113938
~~Revised Code.~~	113939

~~(B)~~ If a state agency that enters into a contract with the	113940
department of ~~job and family services~~medicaid under section	113941
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	113942
overpayment has been made to a medicaid provider, the state agency	113943
may commence actions to recover the overpayment on behalf of the	113944
department.	113945

~~(C)~~(B) In recovering an overpayment pursuant to this section,	113946
a state agency shall comply with the following procedures:	113947

(1) The state agency shall attempt to recover the overpayment	113948
by notifying the medicaid provider of the overpayment and	113949
requesting voluntary repayment. Not later than five business days	113950
after notifying the medicaid provider, the state agency shall	113951
notify the department in writing of the overpayment. The state	113952
agency may negotiate a settlement of the overpayment and notify	113953
the department of the settlement. A settlement negotiated by the	113954
state agency is not valid and shall not be implemented until the	113955
department has given its written approval of the settlement.	113956

(2) If the state agency is unable to obtain voluntary	113957
repayment of an overpayment, the agency shall give the medicaid	113958
provider notice of an opportunity for a hearing in accordance with	113959
Chapter 119. of the Revised Code. If the medicaid provider timely	113960
requests a hearing in accordance with section 119.07 of the	113961
Revised Code, the state agency shall conduct the hearing to	113962
determine the legal and factual validity of the overpayment. On	113963
completion of the hearing, the state agency shall submit its	113964
hearing officer's report and recommendation and the complete	113965
record of proceedings, including all transcripts, to the medicaid	113966
director ~~of job and family services~~ for final adjudication. The	113967
director may issue a final adjudication order in accordance with	113968
Chapter 119. of the Revised Code. The state agency shall pay any	113969
attorney's fees imposed under section 119.092 of the Revised Code.	113970
The department of ~~job and family services~~medicaid shall pay any	113971
attorney's fees imposed under section 2335.39 of the Revised Code.	113972

~~(D)~~(C) In any action taken by a state agency under this	113973
section that requires the agency to give notice of an opportunity	113974
for a hearing in accordance with Chapter 119. of the Revised Code,	113975
if the agency gives notice of the opportunity for a hearing but	113976
the medicaid provider subject to the notice does not request a	113977
hearing or timely request a hearing in accordance with section	113978
119.07 of the Revised Code, the agency is not required to hold a	113979
hearing. The agency may request that the medicaid director ~~of job~~	113980
~~and family services~~ issue a final adjudication order in accordance	113981
with Chapter 119. of the Revised Code.	113982

~~(E)~~(D) This section does not preclude the department of ~~job~~	113983
~~and family services~~medicaid from adjudicating a final fiscal	113984
audit under section ~~5111.06~~5164.38 of the Revised Code,	113985
recovering overpayments under section ~~5111.061~~5164.57 of the	113986
Revised Code, or making findings or taking other actions	113987
authorized by ~~this chapter~~state statutes governing the medicaid	113988
program.	113989

Sec. 5164.59. The department of medicaid may deduct from	113990
medicaid payments for medicaid services rendered by a medicaid	113991
provider any amounts the provider owes the state as the result of	113992
incorrect medicaid payments the department has made to the	113993
provider.	113994

Sec. 5164.60. (A) As used in this section, "recovery audit	113995
contractor program" means the program that must be established	113996
under the "Social Security Act," section 1902(a)(42)(B), 42 U.S.C.	113997
1396a(a)(42)(B).	113998

(B) Except as provided in division (C) of this section, any	113999
medicaid provider who, without intent, obtains payments under the	114000
medicaid program in excess of the amount to which the provider is	114001
entitled is liable for payment of interest on the amount of the	114002
excess payments at the maximum interest rate allowable for real	114003
estate mortgages under section 1343.01 of the Revised Code on the	114004
date the payment was made to the provider for the period from the	114005
date on which payment was made to the date on which repayment is	114006
made to the state.	114007

(C) Division (B) of this section does not apply to an excess	114008
payment identified under the recovery audit contractor program if	114009
the medicaid provider who obtains the excess payment repays the	114010
excess payment in full not later than thirty days after receiving	114011
notice of the excess payment.	114012

Sec. 5164.61. The authority, under state and federal law, of	114013
the department of medicaid or a county department of job and	114014
family services to recover excess medicaid payments made to a	114015
medicaid provider is not limited by the availability of remedies	114016
under sections 5162.21 and 5162.23 of the Revised Code for	114017
recovering benefits paid on behalf of medicaid recipients.	114018

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

114019

~~(A)~~ Except as otherwise required by federal statute or	114020
regulation, ~~the department of job and family services shall not~~	114021
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	114022
~~assistance rendered under the program an amount that exceeds~~	114023
medicaid service shall exceed the following:	114024

~~(1)~~(A) If the medicaid provider is a hospital, nursing	114025
facility, or ~~intermediate care facility for the mentally retarded~~	114026
ICF/IID, the limits established under Subpart C of 42 C.F.R. Part	114027
447;	114028

~~(2)~~(B) If the medicaid provider is other than a provider	114029
described in division (A)~~(1)~~ of this section, the authorized	114030
~~reimbursement~~payment limits for the same service under the	114031
medicare program ~~established under Title XVIII of the "Social~~	114032
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	114033

~~(B) Reimbursement for freestanding medical laboratory charges~~	114034
~~shall not exceed the customary and usual fee for laboratory~~	114035
~~profiles.~~	114036

~~(C) The department may deduct from payments for services~~	114037
~~rendered by a medicaid provider under the medicaid program any~~	114038
~~amounts the provider owes the state as the result of incorrect~~	114039
~~medicaid payments the department has made to the provider.~~	114040

~~(D) The department may conduct final fiscal audits in~~	114041
~~accordance with the applicable requirements set forth in federal~~	114042
~~laws and regulations and determine any amounts the provider may~~	114043
~~owe the state. When conducting final fiscal audits, the department~~	114044
~~shall consider generally accepted auditing standards, which~~	114045
~~include the use of statistical sampling.~~	114046

~~(E) The number of days of inpatient hospital care for which~~	114047
~~reimbursement is made on behalf of a medicaid recipient to a~~	114048
~~hospital that is not paid under a diagnostic-related-group~~	114049
~~prospective payment system shall not exceed thirty days during a~~	114050
~~period beginning on the day of the recipient's admission to the~~	114051
~~hospital and ending sixty days after the termination of that~~	114052
~~hospital stay, except that the department may make exceptions to~~	114053
~~this limitation. The limitation does not apply to children~~	114054
~~participating in the program for medically handicapped children~~	114055
~~established under section 3701.023 of the Revised Code.~~	114056

~~(F) The division of any reimbursement between a collaborating~~	114057
~~physician or podiatrist and a clinical nurse specialist, certified~~	114058
~~nurse-midwife, or certified nurse practitioner for services~~	114059
~~performed by the nurse shall be determined and agreed on by the~~	114060
~~nurse and collaborating physician or podiatrist. In no case shall~~	114061
~~reimbursement exceed the payment that the physician or podiatrist~~	114062
~~would have received had the physician or podiatrist provided the~~	114063
~~entire service.~~	114064

Sec. 5164.71. Medicaid payments for freestanding medical	114065
laboratory charges shall not exceed the customary and usual fee	114066
for laboratory profiles.	114067

Sec. 5164.72. The number of days of inpatient hospital care	114068
for which a medicaid payment is made on behalf of a medicaid	114069
recipient to a hospital that is not paid under a	114070
diagnostic-related-group prospective payment system shall not	114071
exceed thirty days during a period beginning on the day of the	114072
recipient's admission to the hospital and ending sixty days after	114073
the termination of that hospital stay, except that the department	114074
of medicaid may make exceptions to this limitation. The limitation	114075
does not apply to children participating in the program for	114076
medically handicapped children established under section 3701.023	114077
of the Revised Code.	114078

Sec. 5164.73. The division of any medicaid payment between a	114079
collaborating physician or podiatrist and a clinical nurse	114080
specialist, certified nurse-midwife, or certified nurse	114081
practitioner for services performed by the nurse shall be	114082
determined and agreed on by the nurse and collaborating physician	114083
or podiatrist. In no case shall the medicaid payment exceed the	114084
medicaid payment that the physician or podiatrist would have	114085
received had the physician or podiatrist provided the entire	114086
service.	114087

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	114088
~~family services~~ shall adopt rules under section 5164.02 of the	114089
Revised Code governing the calculation and payment of, and the	114090
allocation of payments for, graduate medical education costs	114091
associated with medicaid services rendered to medicaid recipients	114092
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	114093
Revised Code, the rules shall provide for ~~reimbursement~~payment	114094
of graduate medical education costs associated with medicaid	114095
services rendered to medicaid recipients, including recipients	114096
enrolled in a medicaid managed care organization ~~under contract~~	114097
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	114098
~~Code~~, that the department of medicaid determines are allowable and	114099
reasonable.	114100

~~If the department requires a managed care organization to pay~~	114101
~~a provider for graduate medical education costs associated with~~	114102
~~the delivery of services to medicaid recipients enrolled in the~~	114103
~~organization, the department shall include in its payment to the~~	114104
~~organization an amount sufficient for the organization to pay such~~	114105
~~costs. If the department does not include in its payments to the~~	114106
~~managed care organization amounts for graduate medical education~~	114107
~~costs of providers, all of the following apply:~~	114108

~~(A) Except as provided in section 5111.191 of the Revised~~	114109
~~Code, the department shall pay the provider for graduate medical~~	114110
~~education costs associated with the delivery of services to~~	114111
~~medicaid recipients enrolled in the organization;~~	114112

~~(B) No provider shall seek reimbursement from the~~	114113
~~organization for such costs;~~	114114

~~(C) The organization is not required to pay providers for~~	114115
~~such costs.~~	114116

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	114117
(B) of this section, the department of ~~job and family services~~	114118
medicaid may deny medicaid payment to a hospital for direct	114119
graduate medical education costs associated with the delivery of	114120
medicaid services to any medicaid recipient if the hospital	114121
refuses without good cause to contract with a medicaid managed	114122
care organization that ~~serves participants in the care management~~	114123
~~system established under section 5111.16 of the Revised Code who~~	114124
~~are required to be enrolled in a managed care organization and the~~	114125
~~managed care organization~~ serves the area in which the hospital is	114126
located.	114127

(B) A hospital is not subject to division (A) of this section	114128
if all of the following are the case:	114129

(1) The hospital is located in a county in which participants	114130
in the care management system are required before January 1, 2006,	114131
to be enrolled in a medicaid managed care organization that is a	114132
health insuring corporation.	114133

(2) The hospital has entered into a contract before January	114134
1, 2006, with at least one health insuring corporation serving the	114135
participants specified in division (B)(1) of this section.	114136

(3) The hospital remains under contract with at least one	114137
health insuring corporation serving participants in the care	114138
management system who are required to be enrolled in a health	114139
insuring corporation.	114140

(C) The medicaid director ~~of job and family services~~ shall	114141
specify in the rules adopted under section ~~5111.19~~5164.02 of the	114142
Revised Code what constitutes good cause for a hospital to refuse	114143
to contract with a medicaid managed care organization.	114144

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	114145
upper reimbursement limit" means the limit established pursuant to	114146
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	114147
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	114148

The medicaid payment for a drug that is subject to a federal	114149
upper reimbursement limit shall not exceed, in the aggregate, the	114150
federal upper reimbursement limit for the drug. ~~The director of~~	114151
~~job and family services shall adopt rules under section 5111.02 of~~	114152
~~the Revised Code as necessary to implement this section.~~	114153

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

114154

~~(1) "State~~, "state maximum allowable cost" means the per unit	114155
amount the ~~department of job and family services reimburses~~	114156
medicaid program pays a terminal distributor of dangerous drugs	114157
for a ~~prescription~~prescribed drug included in the state maximum	114158
allowable cost program established under division (B) of this	114159
section. "State maximum allowable cost" excludes dispensing fees	114160
and copayments, coinsurance, or other cost-sharing charges, if	114161
any.	114162

~~(2) "Terminal distributor of dangerous drugs" has the same~~	114163
~~meaning as in section 4729.01 of the Revised Code.~~	114164

(B) The medicaid director ~~of job and family services~~ shall	114165
establish a state maximum allowable cost program for purposes of	114166
managing ~~reimbursement~~medicaid payments to terminal distributors	114167
of dangerous drugs for ~~prescription~~prescribed drugs identified by	114168
the director pursuant to this division. The director shall do all	114169
of the following with respect to the program:	114170

(1) Identify and create a list of ~~prescription~~ prescribed	114171
drugs to be included in the program.	114172

(2) Update the list of ~~prescription~~prescribed drugs	114173
described in division (B)(1) of this section on a weekly basis.	114174

(3) Review the state maximum allowable cost for each	114175
prescribed drug included on the list described in division (B)(1)	114176
of this section on a weekly basis.	114177

~~(C) The director may adopt rules in accordance with Chapter~~	114178
~~119. of the Revised Code to implement this section.~~	114179

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	114180
every ~~second July thereafter~~even-numbered year, the department	114181
of ~~job and family services~~medicaid shall initiate a ~~private~~	114182
confidential survey of ~~retail pharmacy operations~~the cost of	114183
dispensing drugs incurred by terminal distributors of dangerous	114184
drugs in ~~the~~this state. The survey shall be used as the basis for	114185
establishing ~~a current maximum~~the medicaid program's dispensing	114186
fee for ~~licensed pharmacists who are providers of drugs under this~~	114187
~~chapter. The~~terminal distributors in accordance with section	114188
5164.753 of the Revised Code. The survey shall be completed and	114189
its results published not later than the last day of October of	114190
the year in which it is conducted.	114191

Each terminal distributor that is a provider of drugs under	114192
the medicaid program shall participate in the survey. Except as	114193
necessary to publish the survey's results, a terminal	114194
distributor's responses to the survey are confidential and not a	114195
public record under section 149.43 of the Revised Code.	114196

The survey shall be conducted in conformance with the	114197
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	114198
~~amended or superseded, and~~447.500 to 447.518. The survey shall	114199
include operational data and direct prescription expenses,	114200
professional services and personnel costs, and usual and	114201
customary overhead expenses~~, and profit data~~ of the ~~retail~~	114202
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	114203
~~completed and its results published no later than the last day of~~	114204
~~October of the year in which the survey is conducted, and the~~	114205
survey shall compute and report the cost of dispensing ~~fees~~ on a	114206
basis of the usual and customary charges by ~~retail pharmacies~~	114207
terminal distributors to their customers for dispensing drugs. ~~The~~	114208
~~director of job and family services shall take into account the~~	114209
~~results of the survey in establishing a dispensing fee.~~	114210

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	114211
of every ~~second December thereafter~~even-numbered year, the	114212
medicaid director ~~of job and family services~~ shall establish a	114213
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	114214
~~pharmacists who~~terminal distributors of dangerous drugs that are	114215
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	114216
establishing the dispensing fee, the director shall take into	114217
consideration the results of the survey conducted under section	114218
~~5111.07~~5164.752 of the Revised Code.	114219

The director may reduce the amount of the dispensing fee	114220
provided to a terminal distributor that fails to fully comply with	114221
the requirement of section 5164.752 of the Revised Code that the	114222
distributor participate in the survey. In establishing the amount	114223
of the reduction, the director may take into account the extent to	114224
which the terminal distributor failed to fully participated in the	114225
survey.	114226

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	114227
"dangerous drug" and "manufacturer of dangerous drugs" have the	114228
same meaning as in section 4729.01 of the Revised Code.	114229

(B) The medicaid director ~~of job and family services~~ may	114230
enter into or administer an agreement or cooperative arrangement	114231
with other states to create or join a multiple-state prescription	114232
drug purchasing program for the purpose of negotiating with	114233
manufacturers of dangerous drugs to receive discounts or rebates	114234
for dangerous drugs ~~dispensed under~~covered by the medicaid	114235
program.	114236

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	114237
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	114238
the Revised Code, may establish and implement a supplemental drug	114239
rebate program under which drug manufacturers may be required to	114240
provide the department of ~~job and family services~~medicaid a	114241
supplemental rebate as a condition of having the drug	114242
manufacturers' drug products covered by the medicaid program	114243
without prior approval. The department may receive a supplemental	114244
rebate negotiated under the program for a drug dispensed to a	114245
medicaid recipient pursuant to a prescription or a drug purchased	114246
by a medicaid provider for administration to a medicaid recipient	114247
in the provider's primary place of business. ~~If necessary, the~~	114248
~~director may apply to the United States secretary of health and~~	114249
~~human services for a waiver of federal statutes and regulations to~~	114250
~~establish the supplemental drug rebate program.~~	114251

If the director establishes a supplemental drug rebate	114252
program, the director shall consult with drug manufacturers	114253
regarding the establishment and implementation of the program.	114254

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	114255
or other information regarding a drug rebate agreement or a	114256
supplemental drug rebate agreement for the medicaid program	114257
~~established under Chapter 5111. of the Revised Code~~ that the	114258
department of ~~job and family services~~medicaid receives from a	114259
pharmaceutical manufacturer or creates pursuant to negotiation of	114260
the agreement is not a public record under section 149.43 of the	114261
Revised Code and shall be treated by the department as	114262
confidential information.	114263

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	114264
"licensed health professional authorized to prescribe drugs" has	114265
the same meaning as in section 4729.01 of the Revised Code.	114266

(B) The medicaid director ~~of job and family services~~ may	114267
~~establish an~~acquire or specify technologies to provide	114268
information regarding medicaid recipient eligibility, claims	114269
history, and drug coverage to medicaid providers through	114270
electronic health record and e-prescribing ~~system for the~~	114271
~~medicaid program under which~~applications.	114272

If such technologies are acquired or specified, the	114273
e-prescribing applications shall enable a medicaid provider who	114274
is a licensed health professional authorized to prescribe drugs	114275
~~shall~~to use an electronic system to prescribe a drug for a	114276
medicaid recipient ~~when required to do so by division (C) of this~~	114277
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	114278
is to eliminate the need for such medicaid providers to ~~make~~issue	114279
prescriptions for medicaid recipients by handwriting or telephone.	114280
The ~~e-prescribing system~~technologies acquired or specified by the	114281
director also shall provide such medicaid providers with an	114282
up-to-date, clinically relevant drug information database and a	114283
system of electronically monitoring medicaid recipients' medical	114284
history, drug regimen compliance, and fraud and abuse.	114285

~~(C) If the director establishes an e-prescribing system under~~	114286
~~division (B) of this section, the director shall do all of the~~	114287
~~following:~~	114288

~~(1) Require that a medicaid provider who is a licensed health~~	114289
~~professional authorized to prescribe drugs use the e-prescribing~~	114290
~~system during a fiscal year if the medicaid provider was one of~~	114291
~~the ten medicaid providers who, during the calendar year that~~	114292
~~precedes that fiscal year, issued the most prescriptions for~~	114293
~~medicaid recipients receiving hospital services;~~	114294

~~(2) Before the beginning of each fiscal year, determine the~~	114295
~~ten medicaid providers that issued the most prescriptions for~~	114296
~~medicaid recipients receiving hospital services during the~~	114297
~~calendar year that precedes the upcoming fiscal year and notify~~	114298
~~those medicaid providers that they must use the e-prescribing~~	114299
~~system for the upcoming fiscal year;~~	114300

~~(3) Seek the most federal financial participation available~~	114301
~~for the development and implementation of the e-prescribing~~	114302
~~system.~~	114303

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	114304
~~department of job and family services~~The medicaid director shall	114305
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	114306
of the Revised Code to implement a coordinated services program	114307
for medicaid recipients who are found to have obtained	114308
~~prescription~~prescribed drugs under the medicaid program at a	114309
frequency or in an amount that is not medically necessary. The	114310
program shall be implemented in a manner that is consistent with	114311
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	114312
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	114313
42 C.F.R. 431.54(e).	114314

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	114315
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	114316
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	114317
department of ~~job and family services~~medicaid shall establish an	114318
outpatient drug use review program to assure that prescriptions	114319
obtained by medicaid recipients ~~of medical assistance under this~~	114320
~~chapter~~ are appropriate, medically necessary, and unlikely to	114321
cause adverse medical results.	114322

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	114323
pharmacy and therapeutics committee of the department of ~~job and~~	114324
~~family services~~medicaid. The committee shall assist the	114325
department with developing and maintaining a preferred drug list	114326
for the medicaid program.	114327

The committee shall review and recommend to the medicaid	114328
director ~~of job and family services~~ the drugs that should be	114329
included on the preferred drug list. The recommendations shall be	114330
made based on the evaluation of competent evidence regarding the	114331
relative safety, efficacy, and effectiveness of ~~prescription~~	114332
prescribed drugs within a class or classes of ~~prescription~~	114333
prescribed drugs.	114334

(B) The committee shall consist of ten members and shall be	114335
appointed by the medicaid director ~~of job and family services~~. The	114336
director shall seek recommendations for membership from relevant	114337
professional organizations. A candidate for membership recommended	114338
by a professional organization shall have professional experience	114339
working with medicaid recipients.	114340

The membership of the committee shall include:

114341

(1) Three pharmacists licensed under Chapter 4729. of the	114342
Revised Code;	114343

(2) Two doctors of medicine and two doctors of osteopathy who	114344
hold certificates to practice issued under Chapter 4731. of the	114345
Revised Code, one of whom is a family practice physician;	114346

(3) A registered nurse licensed under Chapter 4723. of the	114347
Revised Code;	114348

(4) A pharmacologist who has a doctoral degree;

114349

(5) A psychiatrist who holds a certificate to practice issued	114350
under Chapter 4731. of the Revised Code and specializes in	114351
psychiatry.	114352

(C) The committee shall elect from among its members a	114353
chairperson. Five committee members constitute a quorum.	114354

The committee shall establish guidelines necessary for the	114355
committee's operation.	114356

The committee may establish one or more subcommittees to	114357
investigate and analyze issues consistent with the duties of the	114358
committee under this section. The subcommittees may submit	114359
proposals regarding the issues to the committee and the committee	114360
may adopt, reject, or modify the proposals.	114361

A vote by a majority of a quorum is necessary to make	114362
recommendations to the director. In the case of a tie, the	114363
chairperson shall decide the outcome.	114364

(D) The director shall act on the committee's recommendations	114365
not later than thirty days after the recommendation is posted on	114366
the department's web site under division (F) of this section. If	114367
the director does not accept a recommendation of the committee,	114368
the director shall present the basis for this determination not	114369
later than fourteen days after making the determination or at the	114370
next scheduled meeting of the committee, whichever is sooner.	114371

(E) An interested party may request, and shall be permitted,	114372
to make a presentation or submit written materials to the	114373
committee during a committee meeting. The presentation or other	114374
materials shall be relevant to an issue under consideration by the	114375
committee and any written material, including a transcript of	114376
testimony to be given on the day of the meeting, may be submitted	114377
to the committee in advance of the meeting.	114378

(F) The department shall post the following on the	114379
department's web site:	114380

(1) Guidelines established by the committee under division	114381
(C) of this section;	114382

(2) A detailed committee agenda not later than fourteen days	114383
prior to the date of a regularly scheduled meeting and not later	114384
than seventy-two hours prior to the date of a special meeting	114385
called by the committee;	114386

(3) Committee recommendations not later than seven days after	114387
the meeting at which the recommendation was approved;	114388

(4) The director's final determination as to the	114389
recommendations made by the committee under this section.	114390

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	114391
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	114392
~~and family services~~ shall modify the manner or establish a new	114393
manner in which the following are paid under medicaid:	114394

(1) Community mental health ~~agencies~~service providers or	114395
facilities for providing community mental health services ~~included~~	114396
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	114397
~~5111.023~~5164.15 of the Revised Code;	114398

(2) Providers of alcohol and drug addiction services for	114399
providing alcohol and drug addiction services ~~included in~~covered	114400
by the medicaid program ~~pursuant to rules adopted under section~~	114401
~~5111.02 of the Revised Code~~.	114402

(B) The director's authority to modify the manner, or to	114403
establish a new manner, for medicaid to pay for the services	114404
specified in division (A) of this section is not limited by any	114405
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	114406
of the Revised Code that are in effect on June 26, 2003, and	114407
govern the way medicaid pays for those services. This is the case	114408
regardless of what state agency adopted the rules.	114409

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

114410

(1) "Aide services" means all of the following:

114411

(a) Home health aide services available under the home health	114412
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	114413

(b) Home care attendant services available under a home and	114414
community-based services medicaid waiver component;	114415

(c) Personal care aide services available under a home and	114416
community-based services medicaid waiver component.	114417

(2) ~~"Home and community-based services medicaid waiver~~	114418
~~component" has the same meaning as in section 5111.85 of the~~	114419
~~Revised Code.~~	114420

~~(3)~~ "Independent provider" means an individual who personally	114421
provides aide services or nursing services and is not employed by,	114422
under contract with, or affiliated with another entity that	114423
provides those services.	114424

~~(4)~~(3) "Nursing services" means all of the following:

114425

(a) Nursing services available under the home health services	114426
benefit pursuant to 42 C.F.R. 440.70(b)(1);	114427

(b) Private duty nursing services as defined in 42 C.F.R.	114428
440.80;	114429

(c) Nursing services available under a home and	114430
community-based services medicaid waiver component.	114431

(B) The department of ~~job and family services~~medicaid shall	114432
do ~~both~~all of the following:	114433

(1) Effective October 1, 2011, reduce the medicaid program's	114434
first-hour-unit price for aide services to ninety-seven per cent	114435
of the price paid on June 30, 2011, and for nursing services to	114436
ninety-five per cent of the price paid on June 30, 2011;	114437

(2) Effective October 1, 2011, pay for a service that is an	114438
aide service or a nursing service provided by an independent	114439
provider eighty per cent of the price it pays for the same service	114440
provided by a provider that is not an independent provider;	114441

(3) Not sooner than July 1, 2012, adjust the medicaid	114442
~~reimbursement~~payment rates for aide services and nursing services	114443
in a manner that reflects, at a minimum, labor market data,	114444
education and licensure status, home health agency and independent	114445
provider status, and length of service visit.	114446

(C) The department shall strive to have the adjustment made	114447
under division (B)(3) of this section go into effect on July 1,	114448
2012. The reductions made under divisions (B)(1) and (2) of this	114449
section shall remain in effect until the adjustment made under	114450
division (B)(3) of this section goes into effect.	114451

~~(D) The director of job and family services shall adopt rules~~	114452
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	114453
~~necessary to implement this section.~~	114454

Sec. 5164.78. (A) The medicaid payment rates for physician,	114455
pregnancy-related, evaluation, and management services provided by	114456
a physician group practice meeting the requirements of division	114457
(B) of this section shall be determined in accordance with rule	114458
5101:3-1-60.1 of the Administrative Code as the rule is in effect	114459
on the day immediately preceding the effective date of this	114460
section.	114461

(B) A physician group practice meets the requirements of this	114462
division if both of the following apply to the practice:	114463

(1) The practice is physically attached to a hospital that	114464
does not provide physician clinic outpatient services and the	114465
practice and hospital have signed a letter of agreement providing	114466
for the practice to provide outpatient hospital clinic services	114467
for the hospital.	114468

(2) The medicaid provider utilization summary for calendar	114469
year 1990 establishes that the practice provided both of the	114470
following that year:	114471

(a) At least forty per cent of the total number of medicaid	114472
physician visits provided in the county in which the practice is	114473
located;	114474

(b) An aggregate total of at least ten per cent of medicaid	114475
physician visits provided in the contiguous counties.	114476

(C) Not later than four years after the effective date of	114477
this section, the department of medicaid shall submit a report	114478
regarding this section to the general assembly in accordance with	114479
section 101.68 of the Revised Code.	114480

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	114481
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	114482
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	114483
any other federal law that requires public notice of proposed	114484
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	114485
~~provided under the~~ medicaid ~~program~~services, the medicaid	114486
director ~~of job and family services~~ shall give public notice in	114487
the register of Ohio of any change to a method or standard used to	114488
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	114489
~~assistance~~a medicaid service.	114490

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	114491
~~services~~medicaid shall not knowingly make a medicaid payment for	114492
a provider-preventable condition for which federal financial	114493
participation is prohibited by regulations adopted under ~~section~~	114494
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	114495
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	114496
~~job and family services shall adopt rules under section 5111.02 of~~	114497
~~the Revised Code as necessary to implement this section.~~	114498

Sec. 5164.83. (A) As used in this section:

114499

(1) "Core competencies," "direct care services," and "direct	114500
care worker" have the same meanings as in section 191.061 of the	114501
Revised Code.	114502

(2) "Direct payment" means payment by the medicaid program	114503
for direct care services provided by a direct care worker to a	114504
medicaid recipient that is delivered directly to the worker.	114505

(3) "Indirect payment" means payment by the medicaid program	114506
for direct care services provided by a direct care worker to a	114507
medicaid recipient that is delivered to a third party but later	114508
transferred to the worker.	114509

(B) The department of medicaid shall not do either of the	114510
following unless a direct care worker demonstrates core	114511
competencies in accordance with section 191.061 of the Revised	114512
Code:	114513

(1) Permit a direct or indirect payment to be made to the	114514
worker for a direct care service provided by the worker on or	114515
after October 1, 2015;	114516

(2) Enter into a provider agreement with the direct care	114517
worker on or after October 1, 2015.	114518

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	114519
"cost-effective" and "group health plan" have the same meanings as	114520
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	114521
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	114522
regulations adopted under that section.	114523

(B) The department of ~~job and family services~~medicaid may	114524
~~submit a medicaid state plan amendment to the United States~~	114525
~~secretary of health and human services for the purpose of~~	114526
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	114527
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	114528
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	114529
individuals in group health plans when the department determines	114530
that enrollment is cost-effective.	114531

~~(C) The director of job and family services may adopt rules~~	114532
~~in accordance with Chapter 119. of the Revised Code as necessary~~	114533
~~to implement this section.~~	114534

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	114535
The medicaid director ~~of job and family services~~ shall establish	114536
a qualified state long-term care insurance partnership program	114537
consistent with the definition of that term in the "Social	114538
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	114539
1396p(b)(1)(C)(iii). An individual participating in the program	114540
who is subject to the medicaid estate recovery program instituted	114541
under section ~~5111.11~~5162.21 of the Revised Code shall be	114542
eligible for the reduced adjustment or recovery under division (D)	114543
of that section.	114544

~~The director of job and family services may adopt rules in~~	114545
~~accordance with Chapter 119. of the Revised Code as necessary to~~	114546
~~implement this section.~~	114547

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	114548
~~services~~ may ~~submit to the United States secretary of health and~~	114549
~~human services an amendment to the medicaid state plan in order to~~	114550
implement within the medicaid program a system under which	114551
medicaid recipients with chronic conditions are provided with	114552
coordinated care through health homes, as authorized by ~~section~~	114553
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	114554
1945, 42 U.S.C. 1396w-4.	114555

~~The director may adopt rules under section 5111.02 of the~~	114556
~~Revised Code to implement this section.~~	114557

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	114558
~~services~~medicaid may require county departments of job and	114559
family services to provide case management of nonemergency	114560
transportation services provided under the ~~medical assistance~~	114561
medicaid program. County departments shall provide the case	114562
management if required by the department in accordance with rules	114563
adopted ~~by the director of job and family services~~under section	114564
5164.02 of the Revised Code.	114565

The department shall determine, for the purposes of claiming	114566
federal ~~reimbursement under the medical assistance program~~	114567
financial participation, whether it will claim expenditures for	114568
nonemergency transportation services as administrative or program	114569
expenditures.	114570

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	114571
demonstration project" means a money follows the person	114572
demonstration project that the United States secretary of health	114573
and human services is authorized to award under section 6071 of	114574
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	114575
amended).	114576

(B) To the extent funds are available under an MFP	114577
demonstration project awarded to the department of ~~job and family~~	114578
~~services~~medicaid, the director of ~~job and family services~~	114579
medicaid may operate the helping Ohioans move, expanding (HOME)	114580
choice demonstration component of the medicaid program to	114581
transition medicaid recipients who qualify for the demonstration	114582
component to community settings. ~~The director may adopt rules in~~	114583
~~accordance with Chapter 119. of the Revised Code for the~~	114584
~~administration and operation of the demonstration component.~~	114585

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	114586
~~section 5111.982 of the Revised Code:~~	114587

~~"Dual eligible individual" has the same meaning as in the~~	114588
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	114589
~~1396n(h)(2)(B).~~	114590

~~"Medicare" means the program created in the "Social Security~~	114591
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	114592

~~(B) Subject to division (C) of this section, the medical~~	114593
~~assistance~~The medicaid director may implement a demonstration	114594
project called the integrated care delivery system to test and	114595
evaluate the integration of the care that dual eligible	114596
individuals receive under medicare and medicaid. No provision of	114597
Title LI of the Revised Code applies to the integrated care	114598
delivery system if that provision implements or incorporates a	114599
provision of federal law governing medicaid and that provision of	114600
federal law does not apply to the system.	114601

~~(C) Before implementing the integrated care delivery system~~	114602
~~under division (B) of this section, the director shall obtain the~~	114603
~~approval of the United States secretary of health and human~~	114604
~~services in the form of a federal medicaid waiver, medicaid state~~	114605
~~plan amendment, or demonstration grant. The director is required~~	114606
~~to seek the federal approval only if the director seeks to~~	114607
~~implement the integrated care delivery system. The director shall~~	114608
~~implement the integrated care delivery system in accordance with~~	114609
~~the terms of the federal approval, including the terms regarding~~	114610
~~the duration of the system.~~	114611

Sec. 5164.911. (A) If the medicaid director implements the	114612
integrated care delivery system and except as provided in division	114613
(D) of this section, the director shall annually evaluate all of	114614
the following:	114615

(1) The health outcomes of ICDS participants;

114616

(2) How changes to the administration of the ICDS affect all	114617
of the following:	114618

(a) Claims processing;

114619

(b) The appeals process;

114620

114621

(d) Prior authorization requests for services.

114622

(3) The provider panel selection process used by medicaid	114623
managed care organizations participating in the ICDS.	114624

(B) When conducting an evaluation under division (A) of this	114625
section, the director shall do all of the following:	114626

(1) For the purpose of division (A)(1) of this section, do	114627
both of the following:	114628

(a) Compare the health outcomes of ICDS participants to the	114629
health outcomes of individuals who are not ICDS participants;	114630

(b) Use both of the following:

114631

(i) A control group consisting of ICDS participants who	114632
receive health care services from providers not participating in	114633
ICDS;	114634

(ii) A control group consisting of ICDS participants who	114635
receive health care services from alternative providers that are	114636
not part of a participating medicaid managed care organization's	114637
provider panel but provide health care services in the geographic	114638
service area in which ICDS participants receive health care	114639
services.	114640

(2) For the purpose of division (A)(2) of this section, do	114641
all of the following:	114642

(a) To the extent the data is available, use data from all of	114643
the following:	114644

(i) The fee-for-service component of the medicaid program;

114645

(ii) Medicaid managed care organizations;

114646

(iii) Managed care organizations participating in the	114647
medicare advantage program established under Part C of Title XVIII	114648
of the "Social Security Act," 42 U.S.C. 1395w-21 et seq.	114649

(b) Identify all of the following:

114650

(i) Changes in the amount of time it takes to process claims	114651
and the number of claims denied and the reasons for the changes;	114652

(ii) The impact that changes to the administration of the	114653
ICDS had on the appeals process and number of reassessments	114654
requested;	114655

(iii) The number of prior authorization denials that were	114656
overturned and the reasons for the overturned denials.	114657

(3) Require medicaid managed care organizations participating	114658
in the ICDS to submit to the director any data the director needs	114659
for the evaluation.	114660

(C) Not later than the first day of each July, the director	114661
shall complete a report of the evaluation conducted under this	114662
section. The director shall provide a copy of the report to the	114663
general assembly in accordance with section 101.68 of the Revised	114664
Code and make the report available to the public.	114665

(D) The director is not required to conduct an evaluation	114666
under this section for a year if the same evaluation is conducted	114667
for that year by an organization under contract with the United	114668
States department of health and human services.	114669

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	114670
diagnostic imaging services" means magnetic resonance imaging	114671
services, computed tomography services, positron emission	114672
tomography services, cardiac nuclear medicine services, and	114673
similar imaging services.	114674

~~Not later than January 1, 2010, the~~The department of ~~job and~~	114675
~~family services~~medicaid shall implement evidence-based, best	114676
practice guidelines or protocols and decision support tools for	114677
advanced diagnostic imaging services ~~available under~~covered by	114678
the fee-for-service component of the medicaid program.	114679

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	114680
~~services~~medicaid may establish a program under which it provides	114681
incentive payments, as authorized by the "~~Health Information~~	114682
~~Technology for Economic and Clinical Health~~Social Security Act,"	114683
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	114684
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	114685
and use of electronic health record technology by medicaid	114686
providers who are identified under that federal law as eligible	114687
professionals.	114688

(B) After the department has made a determination regarding	114689
the amount of a medicaid provider's electronic health record	114690
incentive payment or the denial of an incentive payment, the	114691
department shall notify the provider. The provider may request	114692
that the department reconsider its determination.	114693

A request for reconsideration shall be submitted in writing	114694
to the department not later than fifteen days after the provider	114695
receives notification of the determination. The request shall be	114696
accompanied by written materials setting forth the basis for, and	114697
supporting, the reconsideration request.	114698

On receipt of a timely request, the department shall	114699
reconsider the determination. On the basis of the written	114700
materials accompanying the request, the department may uphold,	114701
reverse, or modify its original determination. The department	114702
shall mail to the provider by certified mail a written notice of	114703
the reconsideration decision.	114704

In accordance with Chapter 2505. of the Revised Code, the	114705
medicaid provider may appeal the reconsideration decision by	114706
filing a notice of appeal with the court of common pleas of	114707
Franklin county. The notice shall identify the decision being	114708
appealed and the specific grounds for the appeal. The notice of	114709
appeal shall be filed not later than fifteen days after the	114710
department mails its notice of the reconsideration decision. A	114711
copy of the notice of appeal shall be filed with the department	114712
not later than three days after the notice is filed with the	114713
court.	114714

(C) The medicaid director ~~of job and family services~~ may	114715
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	114716
of the Revised Code as necessary to implement this section. The	114717
rules, if any, shall be adopted in accordance with Chapter 119. of	114718
the Revised Code.	114719

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	114720
~~5111.331 of the Revised Code~~this chapter:	114721

(A) "Affiliated operator" means an operator affiliated with	114722
either of the following:	114723

(1) The exiting operator for whom the affiliated operator is	114724
to assume liability for the entire amount of the exiting	114725
operator's debt under the medicaid program or the portion of the	114726
debt that represents the franchise permit fee the exiting operator	114727
owes;	114728

(2) The entering operator involved in the change of operator	114729
with the exiting operator specified in division (A)(1) of this	114730
section.	114731

(B) "Allowable costs" are ~~those~~a nursing facility's costs	114732
~~determined by~~that the department of ~~job and family services to be~~	114733
medicaid determines are reasonable ~~and do not include fines~~. Fines	114734
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	114735
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	114736

~~(B)~~(C) "Ancillary and support costs" means all reasonable	114737
costs incurred by a nursing facility other than direct care costs,	114738
tax costs, or capital costs. "Ancillary and support costs"	114739
includes, but is not limited to, costs of activities, social	114740
services, pharmacy consultants, habilitation supervisors,	114741
qualified mental retardation professionals, program directors,	114742
medical and habilitation records, program supplies, incontinence	114743
supplies, food, enterals, dietary supplies and personnel, laundry,	114744
housekeeping, security, administration, medical equipment,	114745
utilities, liability insurance, bookkeeping, purchasing	114746
department, human resources, communications, travel, dues, license	114747
fees, subscriptions, home office costs not otherwise allocated,	114748
legal services, accounting services, minor equipment, maintenance	114749
and repairs, help-wanted advertising, informational advertising,	114750
start-up costs, organizational expenses, other interest, property	114751
insurance, employee training and staff development, employee	114752
benefits, payroll taxes, and workers' compensation premiums or	114753
costs for self-insurance claims and related costs as specified in	114754
rules adopted ~~by the director of job and family services~~ under	114755
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	114756
in this division. "Ancillary and support costs" also means the	114757
cost of equipment, including vehicles, acquired by operating lease	114758
executed before December 1, 1992, if the costs are reported as	114759
administrative and general costs on the nursing facility's cost	114760
report for the cost reporting period ending December 31, 1992.	114761

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	114762
~~the case of an intermediate care facility for the mentally~~	114763
~~retarded, costs of nonextensive renovation~~the actual expense	114764
incurred by a nursing facility for all of the following:	114765

(a) Depreciation and interest on any capital assets that cost	114766
five hundred dollars or more per item, including the following:	114767

(i) Buildings;

114768

(ii) Building improvements;

114769

(iii) Except as provided in division (C) of this section,	114770
equipment;	114771

(iv) Transportation equipment.

114772

(b) Amortization and interest on land improvements and	114773
leasehold improvements;	114774

114775

(d) Lease and rent of land, buildings, and equipment.

114776

(2) The costs of capital assets of less than five hundred	114777
dollars per item may be considered capital costs in accordance	114778
with a provider's practice.	114779

~~(1) "Cost of ownership" means the actual expense incurred for~~	114780
~~all of the following:~~	114781

~~(a) Depreciation and interest on any capital assets that cost~~	114782
~~five hundred dollars or more per item, including the following:~~	114783

~~(i) Buildings;~~

114784

~~(ii) Building improvements that are not approved as~~	114785
~~nonextensive renovations under section 5111.251 of the Revised~~	114786
~~Code;~~	114787

~~(iii) Except as provided in division (B) of this section,~~	114788
~~equipment;~~	114789

~~(iv) In the case of an intermediate care facility for the~~	114790
~~mentally retarded, extensive renovations;~~	114791

~~(v) Transportation equipment.~~

114792

~~(b) Amortization and interest on land improvements and~~	114793
~~leasehold improvements;~~	114794

~~(c) Amortization of financing costs;~~

114795

~~(d) Except as provided in division (K) of this section, lease~~	114796
~~and rent of land, building, and equipment.~~	114797

~~The costs of capital assets of less than five hundred dollars~~	114798
~~per item may be considered capital costs in accordance with a~~	114799
~~provider's practice.~~	114800

~~(2) "Costs of nonextensive renovation" means the actual~~	114801
~~expense incurred by an intermediate care facility for the mentally~~	114802
~~retarded for depreciation or amortization and interest on~~	114803
~~renovations that are not extensive renovations.~~	114804

~~(D)~~(E) "Capital lease" and "operating lease" shall be	114805
construed in accordance with generally accepted accounting	114806
principles.	114807

~~(E) "Case-mix score" means the measure determined under~~	114808
~~section 5111.232 of the Revised Code of the relative direct-care~~	114809
~~resources needed to provide care and habilitation to a resident of~~	114810
~~a nursing facility or intermediate care facility for the mentally~~	114811
~~retarded.~~	114812

(F) "Case-mix score" means a measure determined under section	114813
5165.192 of the Revised Code of the relative direct-care resources	114814
needed to provide care and habilitation to a nursing facility	114815
resident.	114816

(G) "Change of operator" means an entering operator becoming	114817
the operator of a nursing facility in the place of the exiting	114818
operator.	114819

(1) Actions that constitute a change of operator include the	114820
following:	114821

(a) A change in an exiting operator's form of legal	114822
organization, including the formation of a partnership or	114823
corporation from a sole proprietorship;	114824

(b) A transfer of all the exiting operator's ownership	114825
interest in the operation of the nursing facility to the entering	114826
operator, regardless of whether ownership of any or all of the	114827
real property or personal property associated with the nursing	114828
facility is also transferred;	114829

(c) A lease of the nursing facility to the entering operator	114830
or the exiting operator's termination of the exiting operator's	114831
lease;	114832

(d) If the exiting operator is a partnership, dissolution of	114833
the partnership;	114834

(e) If the exiting operator is a partnership, a change in	114835
composition of the partnership unless both of the following apply:	114836

(i) The change in composition does not cause the	114837
partnership's dissolution under state law.	114838

(ii) The partners agree that the change in composition does	114839
not constitute a change in operator.	114840

(f) If the operator is a corporation, dissolution of the	114841
corporation, a merger of the corporation into another corporation	114842
that is the survivor of the merger, or a consolidation of one or	114843
more other corporations to form a new corporation.	114844

(2) The following, alone, do not constitute a change of	114845
operator:	114846

(a) A contract for an entity to manage a nursing facility as	114847
the operator's agent, subject to the operator's approval of daily	114848
operating and management decisions;	114849

(b) A change of ownership, lease, or termination of a lease	114850
of real property or personal property associated with a nursing	114851
facility if an entering operator does not become the operator in	114852
place of an exiting operator;	114853

(c) If the operator is a corporation, a change of one or more	114854
members of the corporation's governing body or transfer of	114855
ownership of one or more shares of the corporation's stock, if the	114856
same corporation continues to be the operator.	114857

(H) "Cost center" means the following:

114858

(1) Ancillary and support costs;

114859

(2) Capital costs;

114860

(3) Direct care costs;

114861

(4) Tax costs.

114862

(I) "Custom wheelchair" means a wheelchair to which both of	114863
the following apply:	114864

(1) It has been measured, fitted, or adapted in consideration	114865
of either of the following:	114866

(a) The body size or disability of the individual who is to	114867
use the wheelchair;	114868

(b) The individual's period of need for, or intended use of,	114869
the wheelchair.	114870

(2) It has customized features, modifications, or components,	114871
such as adaptive seating and positioning systems, that the	114872
supplier who assembled the wheelchair, or the manufacturer from	114873
which the wheelchair was ordered, added or made in accordance with	114874
the instructions of the physician of the individual who is to use	114875
the wheelchair.	114876

(J)(1) "Date of licensure," ~~for a~~means the following:

114877

(a) In the case of a nursing facility ~~originally~~that was	114878
required by law to be licensed as a nursing home under Chapter	114879
3721. of the Revised Code when it originally began to be operated	114880
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	114881
facility was originally so licensed ~~as nursing home beds under~~	114882
~~that chapter, regardless of whether they were subsequently~~	114883
~~licensed as residential facility beds under section 5123.19 of the~~	114884
~~Revised Code. For a facility originally licensed as a residential~~	114885
~~facility under section 5123.19 of the Revised Code, "date of~~	114886
~~licensure" means the date specific beds were originally licensed~~	114887
~~as residential facility beds under that section.~~;	114888

If(b) In the case of a nursing ~~home beds licensed under~~	114889
~~Chapter 3721. of the Revised Code or residential facility beds~~	114890
~~licensed under section 5123.19 of the Revised Code were~~facility	114891
that was not required by law to be licensed as a nursing home when	114892
~~they were~~it originally ~~used to provide~~began to be operated as a	114893
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	114894
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	114895
operated as a nursing home ~~or residential facility services~~,	114896
regardless of the date the ~~present provider obtained licensure~~	114897
nursing facility was first licensed as a nursing home.	114898

(2) If ~~a facility adds~~, after a nursing facility's original	114899
date of licensure, more nursing home beds ~~or residential facility~~	114900
~~beds or extensively renovatesall or part of the facility after~~	114901
~~its original date of licensure~~are added to the nursing facility,	114902
~~it will have~~the nursing facility has a different date of	114903
licensure for the additional beds ~~or extensively renovated portion~~	114904
~~of the facility, unless the beds are added in a space~~. This does	114905
not apply, however, to additional beds when both of the following	114906
apply:	114907

(a) The additional beds are located in a part of the nursing	114908
facility that was constructed at the same time as the ~~previously~~	114909
~~licensed~~continuing beds ~~but~~already located in that part of the	114910
nursing facility;	114911

(b) The part of the nursing facility in which the additional	114912
beds are located was constructed as part of the nursing facility	114913
at a time when the nursing facility was not required by law to be	114914
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	114915
~~Code at that time~~as a nursing home.	114916

~~(2)~~(3) The definition of "date of licensure" in this section	114917
applies in determinations of ~~the~~nursing facilities' medicaid	114918
~~reimbursement rate for a nursing facility or intermediate care~~	114919
~~facility for the mentally retarded~~payment rates but does not	114920
apply in determinations of ~~the~~nursing facilities' franchise	114921
permit ~~fee for a nursing facility or intermediate care facility~~	114922
~~for the mentally retarded~~fees.	114923

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	114924
as reported on a cost report submitted under section ~~5111.26~~	114925
5165.10 of the Revised Code have been subjected to a desk review	114926
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	114927
and preliminarily determined to be allowable costs.	114928

~~(H)~~(L) "Direct care costs" means all of the following costs	114929
incurred by a nursing facility:	114930

(1)~~(a)~~ Costs for registered nurses, licensed practical	114931
nurses, and nurse aides employed by the nursing facility;	114932

~~(b)~~(2) Costs for direct care staff, administrative nursing	114933
staff, medical directors, respiratory therapists, and except as	114934
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	114935
holding degrees qualifying them to provide therapy;	114936

~~(c)~~(3) Costs of purchased nursing services;

114937

~~(d)~~(4) Costs of quality assurance;

114938

~~(e)~~(5) Costs of training and staff development, employee	114939
benefits, payroll taxes, and workers' compensation premiums or	114940
costs for self-insurance claims and related costs as specified in	114941
rules adopted ~~by the director of job and family services in~~	114942
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	114943
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	114944
~~(d)~~(4), and (8) of this section;	114945

~~(f)~~(6) Costs of consulting and management fees related to	114946
direct care;	114947

~~(g)~~(7) Allocated direct care home office costs.

114948

~~(2) In addition to the costs specified in division (H)(1) of~~	114949
~~this section, for nursing facilities only, direct care costs~~	114950
~~include costs~~;	114951

(8) Costs of habilitation staff (other than habilitation	114952
supervisors), medical supplies, emergency oxygen, over-the-counter	114953
pharmacy products, behavioral and mental health services, physical	114954
therapists, physical therapy assistants, occupational therapists,	114955
occupational therapy assistants, speech therapists, audiologists,	114956
habilitation supplies, ~~wheelchairs, resident transportation,~~ and	114957
universal precautions supplies.;	114958

~~(3) In addition to the costs specified in division (H)(1) of~~	114959
~~this section, for intermediate care facilities for the mentally~~	114960
~~retarded only, direct care costs include both of the following:~~	114961

~~(a) Costs for physical therapists and physical therapy~~	114962
~~assistants, occupational therapists and occupational therapy~~	114963
~~assistants, speech therapists, audiologists, habilitation staff~~	114964
~~(including habilitation supervisors), qualified mental retardation~~	114965
~~professionals, program directors, social services staff,~~	114966
~~activities staff, off-site day programming, psychologists and~~	114967
~~psychology assistants, and social workers and counselors;~~	114968

~~(b) Costs of training and staff development, employee~~	114969
~~benefits, payroll taxes, and workers' compensation premiums or~~	114970
~~costs for self-insurance claims and related costs as specified in~~	114971
~~rules adopted under section 5111.02 of the Revised Code, for~~	114972
~~personnel listed in division (H)(3)(a) of this section.~~	114973

~~(4)~~(9) Costs of wheelchairs other than the following:

114974

(a) Custom wheelchairs;

114975

(b) Repairs to and replacements of custom wheelchairs and	114976
parts that are made in accordance with the instructions of the	114977
physician of the individual who uses the custom wheelchair.	114978

(10) Costs of other direct-care resources that are specified	114979
as direct care costs in rules adopted under section ~~5111.02~~	114980
5165.02 of the Revised Code.	114981

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	114982
section 5160.01 of the Revised Code.	114983

(N) "Effective date of a change of operator" means the day	114984
the entering operator becomes the operator of the nursing	114985
facility.	114986

(O) "Effective date of a facility closure" means the last day	114987
that the last of the residents of the nursing facility resides in	114988
the nursing facility.	114989

(P) "Effective date of an involuntary termination" means the	114990
date the department of medicaid terminates the operator's provider	114991
agreement for the nursing facility.	114992

(Q) "Effective date of a voluntary withdrawal of	114993
participation" means the day the nursing facility ceases to accept	114994
new medicaid residents other than the individuals who reside in	114995
the nursing facility on the day before the effective date of the	114996
voluntary withdrawal of participation.	114997

(R) "Entering operator" means the person or government entity	114998
that will become the operator of a nursing facility when a change	114999
of operator occurs or following an involuntary termination.	115000

(S) "Exiting operator" means any of the following:

115001

(1) An operator that will cease to be the operator of a	115002
nursing facility on the effective date of a change of operator;	115003

(2) An operator that will cease to be the operator of a	115004
nursing facility on the effective date of a facility closure;	115005

(3) An operator of a nursing facility that is undergoing or	115006
has undergone a voluntary withdrawal of participation;	115007

(4) An operator of a nursing facility that is undergoing or	115008
has undergone an involuntary termination.	115009

(T)(1) Subject to divisions (T)(2) and (3) of this section,	115010
"facility closure" means either of the following:	115011

(a) Discontinuance of the use of the building, or part of the	115012
building, that houses the facility as a nursing facility that	115013
results in the relocation of all of the nursing facility's	115014
residents;	115015

(b) Conversion of the building, or part of the building, that	115016
houses a nursing facility to a different use with any necessary	115017
license or other approval needed for that use being obtained and	115018
one or more of the nursing facility's residents remaining in the	115019
building, or part of the building, to receive services under the	115020
new use.	115021

(2) A facility closure occurs regardless of any of the	115022
following:	115023

(a) The operator completely or partially replacing the	115024
nursing facility by constructing a new nursing facility or	115025
transferring the nursing facility's license to another nursing	115026
facility;	115027

(b) The nursing facility's residents relocating to another of	115028
the operator's nursing facilities;	115029

(c) Any action the department of health takes regarding the	115030
nursing facility's medicaid certification that may result in the	115031
transfer of part of the nursing facility's survey findings to	115032
another of the operator's nursing facilities;	115033

(d) Any action the department of health takes regarding the	115034
nursing facility's license under Chapter 3721. of the Revised	115035
Code.	115036

(3) A facility closure does not occur if all of the nursing	115037
facility's residents are relocated due to an emergency evacuation	115038
and one or more of the residents return to a medicaid-certified	115039
bed in the nursing facility not later than thirty days after the	115040
evacuation occurs.	115041

(U) "Fiscal year" means the fiscal year of this state, as	115042
specified in section 9.34 of the Revised Code.	115043

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

115044

~~(1) In the context of nursing facilities,~~ the fee imposed by	115045
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	115046

~~(2) In the context of intermediate care facilities for the~~	115047
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	115048
~~of the Revised Code~~.	115049

~~(K) "Indirect care costs" means all reasonable costs incurred~~	115050
~~by an intermediate care facility for the mentally retarded other~~	115051
~~than direct care costs, other protected costs, or capital costs.~~	115052
~~"Indirect care costs" includes but is not limited to costs of~~	115053
~~habilitation supplies, pharmacy consultants, medical and~~	115054
~~habilitation records, program supplies, incontinence supplies,~~	115055
~~food, enterals, dietary supplies and personnel, laundry,~~	115056
~~housekeeping, security, administration, liability insurance,~~	115057
~~bookkeeping, purchasing department, human resources,~~	115058
~~communications, travel, dues, license fees, subscriptions, home~~	115059
~~office costs not otherwise allocated, legal services, accounting~~	115060
~~services, minor equipment, maintenance and repairs, help-wanted~~	115061
~~advertising, informational advertising, start-up costs,~~	115062
~~organizational expenses, other interest, property insurance,~~	115063
~~employee training and staff development, employee benefits,~~	115064
~~payroll taxes, and workers' compensation premiums or costs for~~	115065
~~self-insurance claims and related costs as specified in rules~~	115066
~~adopted under section 5111.02 of the Revised Code, for personnel~~	115067
~~listed in this division. Notwithstanding division (C)(1) of this~~	115068
~~section, "indirect care costs" also means the cost of equipment,~~	115069
~~including vehicles, acquired by operating lease executed before~~	115070
~~December 1, 1992, if the costs are reported as administrative and~~	115071
~~general costs on the facility's cost report for the cost reporting~~	115072
~~period ending December 31, 1992.~~	115073

~~(L)~~(W) "Inpatient days" means ~~the following:~~

115074

~~(1) In the context of a nursing facility,~~ both of the	115075
following:	115076

~~(a)~~(1) All days during which a resident, regardless of	115077
payment source, occupies a bed in a nursing facility that is	115078
included in the nursing facility's ~~certified~~medicaid-certified	115079
capacity ~~under Title XIX~~;	115080

~~(b)~~(2) Fifty per cent of the days for which payment is made	115081
under section ~~5111.331~~5165.34 of the Revised Code.	115082

~~(2) In the context of an intermediate care facility for the~~	115083
~~mentally retarded, both of the following:~~	115084

~~(a) All days during which a resident, regardless of payment~~	115085
~~source, occupies a bed in an intermediate care facility for the~~	115086
~~mentally retarded that is included in the facility's certified~~	115087
~~capacity under Title XIX;~~	115088

~~(b) All days for which payment is made under section 5111.33~~	115089
~~of the Revised Code.~~	115090

~~(M) "Intermediate care facility for the mentally retarded"~~	115091
~~means an intermediate care facility for the mentally retarded~~	115092
~~certified as in compliance with applicable standards for the~~	115093
~~medicaid program by the director of health in accordance with~~	115094
~~Title XIX.~~	115095

~~(N)~~(X) "Involuntary termination" means the department of	115096
medicaid's termination of the operator's provider agreement for	115097
the nursing facility when the termination is not taken at the	115098
operator's request.	115099

(Y) "Low resource utilization resident" means a medicaid	115100
recipient residing in a nursing facility who, for purposes of	115101
calculating the nursing facility's medicaid payment rate for	115102
direct care costs, is placed in either of the two lowest resource	115103
utilization groups, excluding any resource utilization group that	115104
is a default group used for residents with incomplete assessment	115105
data.	115106

(Z) "Maintenance and repair expenses" means~~, except as~~	115107
~~provided in division (BB)(2) of this section,~~a nursing facility's	115108
expenditures that are necessary and proper to maintain an asset in	115109
a normally efficient working condition and that do not extend the	115110
useful life of the asset two years or more. "Maintenance and	115111
repair expenses" includes but is not limited to the ~~cost~~costs of	115112
ordinary repairs such as painting and wallpapering.	115113

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	115114
nursing facility's beds that are certified for participation in	115115
medicaid as nursing facility beds.	115116

(BB) "Medicaid days" means ~~the following:~~

115117

~~(1) In the context of a nursing facility,~~ both of the	115118
following:	115119

~~(a)~~(1) All days during which a resident who is a medicaid	115120
recipient eligible for nursing facility services occupies a bed in	115121
a nursing facility that is included in the nursing facility's	115122
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	115123

~~(b)~~(2) Fifty per cent of the days for which payment is made	115124
under section ~~5111.331~~5165.34 of the Revised Code.	115125

~~(2) In the context of an intermediate care facility for the~~	115126
~~mentally retarded, both of the following:~~	115127

~~(a) All days during which a resident who is a medicaid~~	115128
~~recipient eligible for intermediate care facility for the mentally~~	115129
~~retarded services occupies a bed in an intermediate care facility~~	115130
~~for the mentally retarded that is included in the facility's~~	115131
~~certified capacity under Title XIX;~~	115132

~~(b) All days for which payment is made under section 5111.33~~	115133
~~of the Revised Code.~~	115134

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	115135
for which the provider obtains an initial provider agreement	115136
following medicaid certification of the nursing facility by the	115137
director of health, including such a nursing facility that	115138
replaces one or more nursing facilities for which a provider	115139
previously held a provider agreement.	115140

(2) "New nursing facility" does not mean a nursing facility	115141
for which the entering operator seeks a provider agreement	115142
pursuant to section 5165.511 or 5165.512 or (pursuant to section	115143
5165.515) section 5165.07 of the Revised Code.	115144

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	115145
~~of a facility, that is certified as a nursing facility by the~~	115146
~~director of health in accordance with Title XIX and is not an~~	115147
~~intermediate care facility for the mentally retarded. "Nursing~~	115148
~~facility" includes a facility, or a distinct part of a facility,~~	115149
~~that is certified as a nursing facility by the director of health~~	115150
~~in accordance with Title XIX and is certified as a skilled nursing~~	115151
~~facility by the director in accordance with Title XVIII~~has the	115152
same meaning as in the "Social Security Act," section 1919(a), 42	115153
U.S.C. 1396r(a).	115154

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	115155
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	115156

(FF) "Nursing home" has the same meaning as in section	115157
3721.01 of the Revised Code.	115158

(GG) "Operator" means the person or government entity	115159
responsible for the daily operating and management decisions for a	115160
nursing facility ~~or intermediate care facility for the mentally~~	115161
~~retarded~~.	115162

~~(R) "Other protected costs" means costs incurred by an~~	115163
~~intermediate care facility for the mentally retarded for medical~~	115164
~~supplies; real estate, franchise, and property taxes; natural gas,~~	115165
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	115166
~~medical waste collection; allocated other protected home office~~	115167
~~costs; and any additional costs defined as other protected costs~~	115168
~~in rules adopted under section 5111.02 of the Revised Code.~~	115169

~~(S)~~(HH)(1) "Owner" means any person or government entity that	115170
has at least five per cent ownership or interest, either directly,	115171
indirectly, or in any combination, in any of the following	115172
regarding a nursing facility ~~or intermediate care facility for the~~	115173
~~mentally retarded~~:	115174

(a) The land on which the nursing facility is located;

115175

(b) The structure in which the nursing facility is located;

115176

(c) Any mortgage, contract for deed, or other obligation	115177
secured in whole or in part by the land or structure on or in	115178
which the nursing facility is located;	115179

(d) Any lease or sublease of the land or structure on or in	115180
which the nursing facility is located.	115181

(2) "Owner" does not mean a holder of a debenture or bond	115182
related to the nursing facility ~~or intermediate care facility for~~	115183
~~the mentally retarded~~ and purchased at public issue or a regulated	115184
lender that has made a loan related to the nursing facility unless	115185
the holder or lender operates the nursing facility directly or	115186
through a subsidiary.	115187

~~(T) "Patient" includes "resident."~~

115188

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	115189
~~section, "per~~(II) "Per diem" means a nursing facility's or	115190
~~intermediate care facility for the mentally retarded's~~ actual,	115191
allowable costs in a given cost center in a cost reporting period,	115192
divided by the nursing facility's inpatient days for that cost	115193
reporting period.	115194

~~(1) When calculating indirect care costs for the purpose of~~	115195
~~establishing rates under section 5111.241 of the Revised Code,~~	115196
~~"per diem" means an intermediate care facility for the mentally~~	115197
~~retarded's actual, allowable indirect care costs in a cost~~	115198
~~reporting period divided by the greater of the facility's~~	115199
~~inpatient days for that period or the number of inpatient days the~~	115200
~~facility would have had during that period if its occupancy rate~~	115201
~~had been eighty-five per cent.~~	115202

~~(2) When calculating capital costs for the purpose of~~	115203
~~establishing rates under section 5111.251 of the Revised Code,~~	115204
~~"per diem" means a facility's actual, allowable capital costs in a~~	115205
~~cost reporting period divided by the greater of the facility's~~	115206
~~inpatient days for that period or the number of inpatient days the~~	115207
~~facility would have had during that period if its occupancy rate~~	115208
~~had been ninety-five per cent.~~	115209

~~(V)~~(JJ) "Provider" means an operator with a provider	115210
agreement.	115211

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	115212
agreement, as defined in section 5164.01 of the Revised Code, that	115213
is between the department of ~~job and family services~~medicaid and	115214
the operator of a nursing facility ~~or intermediate care facility~~	115215
~~for the mentally retarded~~ for the provision of nursing facility	115216
services ~~or intermediate care facility services for the mentally~~	115217
~~retarded~~ under the medicaid program.	115218

~~(X)~~(LL) "Purchased nursing services" means services that are	115219
provided in a nursing facility by registered nurses, licensed	115220
practical nurses, or nurse aides who are not employees of the	115221
nursing facility.	115222

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	115223
is appropriate and helpful to develop and maintain the operation	115224
of patient care facilities and activities, including normal	115225
standby costs, and that does not exceed what a prudent buyer pays	115226
for a given item or services. Reasonable costs may vary from	115227
provider to provider and from time to time for the same provider.	115228

~~(Z)~~(NN) "Related party" means an individual or organization	115229
that, to a significant extent, has common ownership with, is	115230
associated or affiliated with, has control of, or is controlled	115231
by, the provider.	115232

(1) An individual who is a relative of an owner is a related	115233
party.	115234

(2) Common ownership exists when an individual or individuals	115235
possess significant ownership or equity in both the provider and	115236
the other organization. Significant ownership or equity exists	115237
when an individual or individuals possess five per cent ownership	115238
or equity in both the provider and a supplier. Significant	115239
ownership or equity is presumed to exist when an individual or	115240
individuals possess ten per cent ownership or equity in both the	115241
provider and another organization from which the provider	115242
purchases or leases real property.	115243

(3) Control exists when an individual or organization has the	115244
power, directly or indirectly, to significantly influence or	115245
direct the actions or policies of an organization.	115246

(4) An individual or organization that supplies goods or	115247
services to a provider shall not be considered a related party if	115248
all of the following conditions are met:	115249

(a) The supplier is a separate bona fide organization.

115250

(b) A substantial part of the supplier's business activity of	115251
the type carried on with the provider is transacted with others	115252
than the provider and there is an open, competitive market for the	115253
types of goods or services the supplier furnishes.	115254

(c) The types of goods or services are commonly obtained by	115255
other nursing facilities ~~or intermediate care facilities for the~~	115256
~~mentally retarded~~ from outside organizations and are not a basic	115257
element of patient care ordinarily furnished directly to patients	115258
by ~~the~~nursing facilities.	115259

(d) The charge to the provider is in line with the charge for	115260
the goods or services in the open market and no more than the	115261
charge made under comparable circumstances to others by the	115262
supplier.	115263

~~(AA)~~(OO) "Relative of owner" means an individual who is	115264
related to an owner of a nursing facility ~~or intermediate care~~	115265
~~facility for the mentally retarded~~ by one of the following	115266
relationships:	115267

(1) Spouse;

115268

(2) Natural parent, child, or sibling;

115269

(3) Adopted parent, child, or sibling;

115270

(4) Stepparent, stepchild, stepbrother, or stepsister;

115271

(5) Father-in-law, mother-in-law, son-in-law,	115272
daughter-in-law, brother-in-law, or sister-in-law;	115273

(6) Grandparent or grandchild;

115274

(7) Foster caregiver, foster child, foster brother, or foster	115275
sister.	115276

~~(BB) "Renovation" and "extensive renovation" mean:~~

115277

~~(1) Any betterment, improvement, or restoration of an~~	115278
~~intermediate care facility for the mentally retarded started~~	115279
~~before July 1, 1993, that meets the definition of a renovation or~~	115280
~~extensive renovation established in rules adopted by the director~~	115281
~~of job and family services in effect on December 22, 1992.~~	115282

~~(2) In the case of betterments, improvements, and~~	115283
~~restorations of intermediate care facilities for the mentally~~	115284
~~retarded started on or after July 1, 1993:~~	115285

~~(a) "Renovation" means the betterment, improvement, or~~	115286
~~restoration of an intermediate care facility for the mentally~~	115287
~~retarded beyond its current functional capacity through a~~	115288
~~structural change that costs at least five hundred dollars per~~	115289
~~bed. A renovation may include betterment, improvement,~~	115290
~~restoration, or replacement of assets that are affixed to the~~	115291
~~building and have a useful life of at least five years. A~~	115292
~~renovation may include costs that otherwise would be considered~~	115293
~~maintenance and repair expenses if they are an integral part of~~	115294
~~the structural change that makes up the renovation project.~~	115295
~~"Renovation" does not mean construction of additional space for~~	115296
~~beds that will be added to a facility's licensed or certified~~	115297
~~capacity.~~	115298

~~(b) "Extensive renovation" means a renovation that costs more~~	115299
~~than sixty-five per cent and no more than eighty-five per cent of~~	115300
~~the cost of constructing a new bed and that extends the useful~~	115301
~~life of the assets for at least ten years.~~	115302

~~For the purposes of division (BB)(2) of this section, the~~	115303
~~cost of constructing a new bed shall be considered to be forty~~	115304
~~thousand dollars, adjusted for the estimated rate of inflation~~	115305
~~from January 1, 1993, to the end of the calendar year during which~~	115306
~~the renovation is completed, using the consumer price index for~~	115307
~~shelter costs for all urban consumers for the north central~~	115308
~~region, as published by the United States bureau of labor~~	115309
~~statistics.~~	115310

~~The department of job and family services may treat a~~	115311
~~renovation that costs more than eighty-five per cent of the cost~~	115312
~~of constructing new beds as an extensive renovation if the~~	115313
~~department determines that the renovation is more prudent than~~	115314
~~construction of new beds.~~	115315

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	115316
in section 3721.10 of the Revised Code.	115317

(QQ) "Skilled nursing facility" has the same meaning as in	115318
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	115319

(RR) "Sponsor" has the same meaning as in section 3721.10 of	115320
the Revised Code.	115321

(SS) "Tax costs" means the costs of taxes imposed under	115322
Chapter 5751. of the Revised Code, real estate taxes, personal	115323
property taxes, and corporate franchise taxes.	115324

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	115325
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	115326

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	115327
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	115328
seq.	115329

(VV) "Voluntary withdrawal of participation" means an	115330
operator's voluntary election to terminate the participation of a	115331
nursing facility in the medicaid program but to continue to	115332
provide service of the type provided by a nursing facility.	115333

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	115334
division (B) of this section, whenever "skilled nursing facility,"	115335
"intermediate care facility," or "dual skilled nursing and	115336
intermediate care facility" is referred to or designated in any	115337
statute, rule, contract, provider agreement, or other document	115338
pertaining to the ~~medical assistance~~medicaid program, the	115339
reference or designation is deemed to refer to a nursing facility,	115340
~~except that a~~.	115341

(B) A reference to or designation of an "intermediate care	115342
facility for ~~the mentally retarded~~individuals with intellectual	115343
disabilities" or "ICF/IID" is not deemed to refer to a nursing	115344
facility.	115345

Sec. 5165.02. The medicaid director shall adopt rules as	115346
necessary to implement this chapter. The rules shall be adopted in	115347
accordance with Chapter 119. of the Revised Code.	115348

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

115349

(1) "Dementia" includes Alzheimer's disease or a related	115350
disorder.	115351

(2) "Serious mental illness" means "serious mental illness,"	115352
as defined by the United States department of health and human	115353
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	115354
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	115355
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	115356

(3) "Mentally ill individual" means an individual who has a	115357
serious mental illness other than either of the following:	115358

(a) A primary diagnosis of dementia;

115359

(b) A primary diagnosis that is not a primary diagnosis of	115360
dementia and a primary diagnosis of something other than a serious	115361
mental illness.	115362

(4) "Mentally retarded individual" means an individual who is	115363
mentally retarded or has a related condition, as described in	115364
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	115365
U.S.C. 1396d(d).	115366

(5) "Specialized services" means the services specified by	115367
the United States department of health and human services in	115368
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	115369
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	115370
1396r(e)(7)(G)(iii).	115371

(B)(1) Except as provided in division (D) of this section, no	115372
nursing facility shall admit as a resident any mentally ill	115373
individual unless the facility has received evidence that the	115374
department of ~~mental health~~mental health and addiction services	115375
has determined both of the following under section ~~5119.061~~	115376
5119.40 of the Revised Code:	115377

(a) That the individual requires the level of services	115378
provided by a nursing facility because of the individual's	115379
physical and mental condition;	115380

(b) Whether the individual requires specialized services for	115381
mental illness.	115382

(2) Except as provided in division (D) of this section, no	115383
nursing facility shall admit as a resident any mentally retarded	115384
individual unless the facility has received evidence that the	115385
department of developmental disabilities has determined both of	115386
the following under section 5123.021 of the Revised Code:	115387

(a) That the individual requires the level of services	115388
provided by a nursing facility because of the individual's	115389
physical and mental condition;	115390

(b) Whether the individual requires specialized services for	115391
mental retardation.	115392

(C) The department of ~~job and family services~~medicaid shall	115393
not make medicaid payments ~~under the medical assistance program~~ to	115394
a nursing facility on behalf of any individual who is admitted to	115395
the facility in violation of division (B) of this section for the	115396
period beginning on the date of admission and ending on the date	115397
the requirements of division (B) of this section are met.	115398

(D) A determination under division (B) of this section is not	115399
required for any individual who is exempted from the requirement	115400
that a determination be made by division (B)(2) of section	115401
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	115402
department of ~~mental health~~mental health and addiction services	115403
under division (E)(3) of that section, or by division (B)(2) of	115404
section 5123.021 of the Revised Code or rules adopted by the	115405
department of developmental disabilities under division (E)(3) of	115406
that section.	115407

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	115408
~~applicant~~An individual who applies for admission to ~~a nursing~~	115409
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	115410
~~applicant for or recipient of medical assistance, the department~~	115411
of ~~job and family services~~ shall provide notice and an opportunity	115412
for a hearing to any applicant for admission to a nursing facility	115413
or resident of a nursing facility who ismay appeal if adversely	115414
affected by a determination made by the department of ~~mental~~	115415
~~health~~mental health and addiction services under section	115416
~~5119.061~~5119.40 of the Revised Code or by the department of	115417
developmental disabilities under section 5123.021 of the Revised	115418
Code. ~~The hearing shall be conducted in the same manner as~~	115419
~~hearings conducted under~~If the individual is an applicant for or	115420
recipient of medicaid, the individual may appeal pursuant to	115421
section 5160.31 of the Revised Code. If the individual is not an	115422
applicant for or recipient of medicaid, the individual may appeal	115423
pursuant to a process the department of medicaid shall establish,	115424
which shall be similar to the appeals process established by	115425
section 5101.35 of the Revised Code. The department of medicaid	115426
shall provide notice of the right to appeal to individuals	115427
adversely affected by determinations made under sections 5119.40	115428
and 5123.021 of the Revised Code. Any decision made ~~by the~~	115429
~~department of job and family services~~ on the basis of ~~the hearing~~	115430
such an appeal is binding on the department of ~~mental health~~	115431
mental health and addiction services and the department of	115432
developmental disabilities.	115433

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	115434
"representative" means a person acting on behalf of an applicant	115435
for or recipient of medicaid. A representative may be a family	115436
member, attorney, hospital social worker, or any other person	115437
chosen to act on behalf of an applicant or recipient.	115438

(B) The department of ~~job and family services~~medicaid may	115439
require each applicant for or recipient of medicaid who applies or	115440
intends to apply for admission to a nursing facility or resides in	115441
a nursing facility to undergo an assessment to determine whether	115442
the applicant or recipient needs the level of care provided by a	115443
nursing facility. The assessment may be performed concurrently	115444
with a long-term care consultation provided under section 173.42	115445
of the Revised Code.	115446

To the maximum extent possible, the assessment shall be based	115447
on information from the resident assessment instrument specified	115448
in rules ~~adopted~~authorized by ~~the director of job and family~~	115449
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	115450
Revised Code. The assessment shall also be based on criteria and	115451
procedures established in rules ~~adopted under~~authorized by	115452
division (F) of this section and information provided by the	115453
person being assessed or the person's representative.	115454

The department of ~~job and family services~~medicaid, or if the	115455
assessment is performed by an agency under contract with the	115456
department pursuant to division (G) of this section, the agency,	115457
shall, not later than the time the level of care determination	115458
based on the assessment is required to be provided under division	115459
(C) of this section, give written notice of its conclusions and	115460
the basis for them to the person assessed and, if the department	115461
~~of job and family services~~ or agency under contract with the	115462
department has been informed that the person has a representative,	115463
to the representative.	115464

(C) The department ~~of job and family services~~ or agency under	115465
contract with the department, whichever performs the assessment,	115466
shall provide a level of care determination based on the	115467
assessment as follows:	115468

(1) In the case of a person applying or intending to apply	115469
for admission to a nursing facility while hospitalized, not later	115470
than one of the following:	115471

(a) One working day after the person or the person's	115472
representative submits the application or notifies the department	115473
of the person's intention to apply and submits all information	115474
required for providing the level of care determination, as	115475
specified in rules ~~adopted under~~authorized by division (F)(2) of	115476
this section;	115477

(b) A later date requested by the person or the person's	115478
representative.	115479

(2) In the case of a person applying or intending to apply	115480
for admission to a nursing facility who is not hospitalized, not	115481
later than one of the following:	115482

(a) Five calendar days after the person or the person's	115483
representative submits the application or notifies the department	115484
of the person's intention to apply and submits all information	115485
required for providing the level of care determination, as	115486
specified in rules ~~adopted under~~authorized by division (F)(2) of	115487
this section;	115488

(b) A later date requested by the person or the person's	115489
representative.	115490

(3) In the case of a person who resides in a nursing	115491
facility, not later than one of the following:	115492

(a) Five calendar days after the person or the person's	115493
representative submits an application for ~~medical assistance~~	115494
medicaid and submits all information required for providing the	115495
level of care determination, as specified in rules ~~adopted under~~	115496
authorized by division (F)(2) of this section;	115497

(b) A later date requested by the person or the person's	115498
representative.	115499

(4) In the case of an emergency, as specified in rules	115500
~~adopted under~~authorized by division (F)(4) of this section,	115501
within the number of days specified in the rules.	115502

(D) A person assessed under this section or the person's	115503
representative may ~~request a state hearing to dispute~~appeal the	115504
conclusions reached by the department ~~of job and family services~~	115505
or agency under contract with the department on the basis of the	115506
assessment. The ~~request for a state hearing~~appeal shall be made	115507
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	115508
Revised Code. The department ~~of job and family services~~ or agency	115509
under contract with the department shall provide to the person or	115510
the person's representative and the nursing facility written	115511
notice of the person's right to request a state hearing. The	115512
notice shall include an explanation of the procedure for	115513
requesting a state hearing. If a state hearing is requested, the	115514
state shall be represented in the hearing by the department ~~of job~~	115515
~~and family services~~ or the agency under contract with the	115516
department, whichever performed the assessment.	115517

(E) A nursing facility that admits or retains a person	115518
determined pursuant to an assessment required under this section	115519
not to need the level of care provided by the nursing facility	115520
shall not be ~~reimbursed~~paid under the medicaid program for the	115521
person's care.	115522

(F) The medicaid director ~~of job and family services~~ shall	115523
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	115524
of the Revised Code to implement and administer this section. The	115525
rules shall include all of the following:	115526

(1) Criteria and procedures to be used in determining whether	115527
admission to a nursing facility or continued stay in a nursing	115528
facility is appropriate for the person being assessed;	115529

(2) Information the person being assessed or the person's	115530
representative must provide to the department or agency under	115531
contract with the department for purposes of the assessment and	115532
providing a level of care determination based on the assessment;	115533

(3) Circumstances under which a person is not required to be	115534
assessed;	115535

(4) Circumstances that constitute an emergency for purposes	115536
of division (C)(4) of this section and the number of days within	115537
which a level of care determination must be provided in the case	115538
of an emergency.	115539

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	115540
the department of ~~job and family services~~medicaid may enter into	115541
contracts in the form of interagency agreements with one or more	115542
other state agencies to perform the assessments required under	115543
this section. The interagency agreements shall specify the	115544
responsibilities of each agency in the performance of the	115545
assessments.	115546

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	115547
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	115548
~~payments, the operator of~~to enter into a provider agreement for a	115549
nursing facility ~~or intermediate care facility for the mentally~~	115550
~~retarded shall do~~if all of the following apply:	115551

~~(1) Enter into a provider agreement with the department as~~	115552
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	115553
~~Code~~(A) The nursing facility is certified by the director of	115554
health for participation in medicaid;	115555

~~(2) Apply for and maintain a valid license to operate~~(B) The	115556
nursing facility is licensed by the director of health as a	115557
nursing home if so required by law;	115558

~~(3) Subject to division (B) of this section,~~(C) The operator	115559
and nursing facility comply with all applicable state and federal	115560
laws and rules.	115561

~~(B) A state rule that requires the operator of an~~	115562
~~intermediate care facility for the mentally retarded to have~~	115563
~~received approval of a plan for the proposed facility pursuant to~~	115564
~~section 5123.042 of the Revised Code as a condition of the~~	115565
~~operator being eligible for medicaid payments for the facility~~	115566
~~does not apply if, under former section 5123.193 of the Revised~~	115567
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	115568
~~or section 5123.197 of the Revised Code, a residential facility~~	115569
~~license was obtained or modified for the facility without~~	115570
~~obtaining approval of such a plan.~~	115571

~~(C)(1) Except as provided in division (C)(2) of this section,~~	115572
~~the operator of a nursing facility that elects to obtain and~~	115573
~~maintain eligibility for payments under the medicaid program shall~~	115574
~~qualify all of the facility's medicaid-certified beds in the~~	115575
~~medicare program established by Title XVIII. The director of job~~	115576
~~and family services may adopt rules under section 5111.02 of the~~	115577
~~Revised Code to establish the time frame in which a nursing~~	115578
~~facility must comply with this requirement.~~	115579

~~(2) The department of veterans services is not required to~~	115580
~~qualify all of the medicaid-certified beds in a nursing facility~~	115581
~~the agency maintains and operates under section 5907.01 of the~~	115582
~~Revised Code in the medicare program.~~	115583

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	115584
5165.072 of the Revised Code, the department of medicaid shall	115585
enter into a provider agreement with a nursing facility operator	115586
who applies, and is eligible, for the provider agreement.	115587

(B) A provider agreement ~~between the department of job and~~	115588
~~family services and the provider of a nursing facility or~~	115589
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	115590
require the ~~following provisions:~~	115591

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	115592
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	115593
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	115594
nursing facility services the nursing facility provides to a	115595
~~resident of the~~its residents who are medicaid recipients eligible	115596
for nursing facility ~~who is a medicaid recipient~~services. No	115597
~~payment shall be made for the day a medicaid recipient is~~	115598
~~discharged from the facility.~~	115599

~~(B) The~~(C) A provider agreement shall require the provider	115600
~~agrees~~ to do all of the following:	115601

(1) Maintain eligibility for the provider agreement as	115602
provided in section ~~5111.21~~5165.06 of the Revised Code;	115603

(2) Keep records relating to a cost reporting period for the	115604
greater of seven years after the cost report is filed or, if the	115605
department issues an audit report in accordance with ~~division (B)~~	115606
of section ~~5111.27~~5165.109 of the Revised Code, six years after	115607
all appeal rights relating to the audit report are exhausted;	115608

(3) File reports as required by the department;

115609

(4) Open all records relating to the costs of ~~its~~the nursing	115610
facility's services for inspection and audit by the department;	115611

(5) Open its premises for inspection by the department, the	115612
department of health, and any other state or local authority	115613
having authority to inspect;	115614

(6) Supply to the department such information as it requires	115615
concerning the nursing facility's services to residents who are,	115616
or are eligible to be, medicaid recipients;	115617

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

115618

~~The~~(D) A provider agreement may contain other provisions	115619
that are consistent with law and considered necessary by the	115620
department.	115621

~~A provider agreement shall be effective for no longer than~~	115622
~~twelve months, except that if federal statute or regulations~~	115623
~~authorize a longer term, it may be effective for a longer term so~~	115624
~~authorized. A provider agreement may be renewed only if the~~	115625
~~facility is certified by the department of health for~~	115626
~~participation in the medicaid program.~~	115627

~~The department of job and family services, in accordance with~~	115628
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	115629
~~not to enter into, not to renew, or to terminate a provider~~	115630
~~agreement when the department determines that such an agreement~~	115631
~~would not be in the best interests of medicaid recipients or of~~	115632
~~the state.~~	115633

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	115634
~~nursing facility or intermediate care facility for the mentally~~	115635
~~retarded~~ may enter into provider agreements for more than one	115636
nursing facility ~~or intermediate care facility for the mentally~~	115637
~~retarded~~.	115638

Sec. 5165.072. The department of medicaid shall not	115639
revalidate a nursing facility provider agreement if the provider	115640
fails to maintain eligibility for the provider agreement as	115641
provided in section 5165.06 of the Revised Code.	115642

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	115643
~~services~~medicaid shall terminate the provider agreement with a	115644
nursing facility provider that does not comply with the	115645
requirements of section 3721.071 of the Revised Code for the	115646
installation of fire extinguishing and fire alarm systems.	115647

~~Sec. 5111.31.~~ Sec. 5165.08. (A) As used in this section:

115648

"Bed need" means the number of long-term care beds a county	115649
needs as determined by the director of health pursuant to division	115650
(B)(3) of section 3702.593 of the Revised Code.	115651

"Bed need excess" means that a county's bed need is such that	115652
one or more long-term care beds may be relocated from the county	115653
according to the director's determination of the county's bed	115654
need.	115655

(B) Every provider agreement with ~~the~~a nursing facility	115656
provider ~~of a nursing facility or intermediate care facility for~~	115657
~~the mentally retarded~~ shall do both of the following:	115658

(1) Permit the provider to exclude one or more parts of the	115659
nursing facility from the provider agreement, even though those	115660
parts meet federal and state standards for medicaid certification,	115661
if all of the following apply:	115662

(a) The nursing facility initially obtained both its nursing	115663
home license under Chapter 3721. of the Revised Code and medicaid	115664
certification on or after January 1, 2008.	115665

(b) The nursing facility is located in a county that has a	115666
bed need excess at the time the provider excludes the parts from	115667
the provider agreement.	115668

(c) Federal law permits the provider to exclude the parts	115669
from the provider agreement.	115670

(d) The provider gives the department of medicaid written	115671
notice of the exclusion not less than forty-five days before the	115672
first day of the calendar quarter in which the exclusion is to	115673
occur.	115674

(2) Prohibit the provider from doing either of the following:

115675

(a) Discriminating against a resident on the basis of race,	115676
color, sex, creed, or national origin;	115677

(b) Subject to division (D) of this section, failing or	115678
refusing to ~~retain~~do either of the following:	115679

(i) Except as otherwise prohibited under section 5165.82 of	115680
the Revised Code, admit as a resident of the nursing facility an	115681
individual because the individual is, or may (as a resident of the	115682
nursing facility) become, a medicaid recipient unless at least	115683
twenty-five per cent of the nursing facility's medicaid-certified	115684
beds are occupied by medicaid recipients at the time the person	115685
would otherwise be admitted;	115686

(ii) Retain as a ~~patient any person~~resident of the nursing	115687
facility an individual because the ~~person~~individual is, ~~becomes,~~	115688
or may (as a resident of the nursing facility) become, ~~as a~~	115689
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	115690
~~purposes of this division, a medicaid recipient who is a patient~~	115691
~~in a facility shall be considered a patient in the facility during~~	115692
~~any hospital stays totaling less than twenty-five days during any~~	115693
~~twelve-month period. Recipients who have been identified by the~~	115694
~~department of job and family services or its designee as requiring~~	115695
~~the level of care of an intermediate care facility for the~~	115696
~~mentally retarded shall not be subject to a maximum period of~~	115697
~~absences during which they are considered patients if prior~~	115698
~~authorization of the department for visits with relatives and~~	115699
~~friends and participation in therapeutic programs is obtained~~	115700
~~under rules adopted under section 5111.02 of the Revised Code.~~	115701

~~(2) Except as provided by division (B)(1) of this section,~~	115702
~~include any part of the facility that meets standards for~~	115703
~~certification of compliance with federal and state laws and rules~~	115704
~~for participation in the medicaid program.~~	115705

~~(3) Prohibit the provider from discriminating against any~~	115706
~~patient on the basis of race, color, sex, creed, or national~~	115707
~~origin.~~	115708

~~(4) Except as otherwise prohibited under section 5111.55 of~~	115709
~~the Revised Code, prohibit the provider from failing or refusing~~	115710
~~to accept a patient because the patient is, becomes, or may, as a~~	115711
~~patient in the facility, become a medicaid recipient if less than~~	115712
~~eighty per cent of the patients in the facility are medicaid~~	115713
~~recipients.~~	115714

~~(B)(1) Except as provided by division (B)(2) of this section,~~	115715
~~the following are not required to be included in a provider~~	115716
~~agreement unless otherwise required by federal law:~~	115717

~~(a) Beds added during the period beginning July 1, 1987, and~~	115718
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	115719
~~3721. of the Revised Code;~~	115720

~~(b) Beds in an intermediate care facility for the mentally~~	115721
~~retarded that are designated for respite care under a medicaid~~	115722
~~waiver component operated pursuant to a waiver sought under~~	115723
~~section 5111.87 of the Revised Code.~~	115724

~~(2) If a provider chooses to include a bed specified in~~	115725
~~division (B)(1)(a) of this section in a provider agreement, the~~	115726
~~bed may not be removed from the provider agreement unless the~~	115727
~~provider withdraws the facility in which the bed is located from~~	115728
~~the medicaid program.~~	115729

(C) For the purpose of division (B)(2)(b)(ii) of this	115730
section, a medicaid recipient who is a resident of a nursing	115731
facility shall be considered a resident of the nursing facility	115732
during any hospital stays totaling less than twenty-five days	115733
during any twelve-month period.	115734

(D) Nothing in this section shall bar a provider ~~that~~from	115735
doing any of the following:	115736

(1) If the provider is a religious organization operating a	115737
religious or denominational nursing facility ~~or intermediate care~~	115738
~~facility for the mentally retarded~~ from giving preference to	115739
persons of the same religion or denomination~~. Nothing in this~~	115740
~~section shall bar any provider from giving~~;	115741

(2) Giving preference to persons with whom the provider has	115742
contracted to provide continuing care.	115743

~~(D) Nothing in this section shall bar the provider of~~;

115744

(3) If the nursing facility is a county home organized under	115745
Chapter 5155. of the Revised Code ~~from~~, admitting residents	115746
exclusively from the county in which the county home is located.	115747

~~(E) No provider of a nursing facility or intermediate care~~	115748
~~facility for the mentally retarded for which a provider agreement~~	115749
~~is in effect shall violate the provider contract obligations~~	115750
~~imposed under this section.~~	115751

~~(F) Nothing in divisions (A) and (C) of this section shall~~	115752
~~bar a provider from retaining patients~~;	115753

(4) Retaining residents who have resided in the provider's	115754
nursing facility for not less than one year as private pay	115755
patients and who subsequently become medicaid recipients, but	115756
refusing to accept as a ~~patient~~resident any person who is, or	115757
may,(as a ~~patient in~~resident of the nursing facility,) become a	115758
medicaid recipient, if all of the following apply:	115759

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	115760
resident who has resided in the provider's nursing facility for	115761
not less than one year as a private pay ~~patient~~resident because	115762
the ~~patient~~resident becomes a medicaid recipient, except as	115763
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	115764

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	115765
division (D)(4) of this section does not at any time exceed ten	115766
per cent of all the ~~patients~~residents in the nursing facility;	115767

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	115768
nursing facility were private pay ~~patients~~residents.	115769

(E) No provider shall violate the provider agreement	115770
obligations imposed by this section.	115771

(F) A nursing facility provider who excludes one or more	115772
parts of the nursing facility from a provider agreement pursuant	115773
to division (B)(1) of this section does not violate division (C)	115774
of section 3702.53 of the Revised Code.	115775

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	115776
resident has a cause of action against ~~the~~a nursing facility	115777
provider ~~of a nursing facility or intermediate care facility for~~	115778
~~the mentally retarded~~ for breach of the provider agreement	115779
obligations or other duties imposed by section ~~5111.31~~5165.08 of	115780
the Revised Code. The action may be commenced by the ~~patient~~	115781
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	115782
resident's sponsor or a residents' rights advocate, ~~as either is~~	115783
~~defined under section 3721.10 of the Revised Code,~~ by the filing	115784
of a civil action in the court of common pleas of the county in	115785
which the nursing facility is located, or in the court of common	115786
pleas of Franklin county.	115787

If ~~the~~a court of common pleas finds that a ~~breach of the~~	115788
provider has breached a provider agreement ~~obligations~~obligation	115789
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	115790
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	115791
following:	115792

(A) Enjoin the provider from engaging in the practice~~, order~~;

115793

(B) Order such affirmative relief as may be necessary~~, and~~	115794
~~award~~;	115795

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	115796
~~public agency~~government entity that brings anthe action on	115797
behalf of a ~~patient~~resident actual damages, costs, and reasonable	115798
attorney's fees.	115799

Sec. 5165.082. (A) Except as provided in division (B) of	115800
this section, the operator of a nursing facility that elects to	115801
have the nursing facility participate in the medicaid program	115802
shall qualify all of the nursing facility's medicaid-certified	115803
beds in the medicare program. The medicaid director may adopt	115804
rules under section 5165.02 of the Revised Code to establish the	115805
time frame in which a nursing facility must comply with this	115806
requirement.	115807

(B) The department of veterans services is not required to	115808
qualify all of the medicaid-certified beds in a nursing facility	115809
the department maintains and operates under section 5907.01 of the	115810
Revised Code in the medicare program.	115811

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	115812
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	115813
provider shall file with the department of ~~job and family services~~	115814
medicaid an annual cost report for each of the provider's nursing	115815
facilities ~~and intermediate care facilities for the mentally~~	115816
~~retarded~~ that participate in the medicaid program. ~~A provider~~	115817
~~shall prepare the reports in accordance with guidelines~~	115818
~~established by the department. A~~The cost report for a year shall	115819
cover athe calendar year or the portion of athe calendar year	115820
during which the nursing facility participated in the medicaid	115821
program. ~~A provider shall file the reports within~~Except as	115822
provided in division (E) of this section, the cost report is due	115823
not later than ninety days after the end of the calendar year, or	115824
portion of the calendar year, that the cost report covers. ~~The~~	115825
~~department, for good cause, may grant a fourteen-day extension of~~	115826
~~the time for filing cost reports upon written request from a~~	115827
~~provider. The director of job and family services shall prescribe,~~	115828
~~in rules adopted under section 5111.02 of the Revised Code, the~~	115829
~~cost reporting form and a uniform chart of accounts for the~~	115830
~~purpose of cost reporting, and shall distribute cost reporting~~	115831
~~forms or computer software for electronic submission of the cost~~	115832
~~report to each provider at least sixty days before the reporting~~	115833
~~date.~~	115834

~~(b) If rates for a provider's nursing facility or~~	115835
~~intermediate care facility for the mentally retarded were most~~	115836
~~recently established under section 5111.254 or 5111.255 of the~~	115837
~~Revised Code, the provider shall submit a cost report for that~~	115838
~~facility no later than ninety days after the end of the facility's~~	115839
~~first three full calendar months of operation. If a nursing~~	115840
~~facility or intermediate care facility for the mentally retarded~~	115841
~~undergoes a change of provider that the department determines, in~~	115842
~~accordance with rules adopted under section 5111.02 of the Revised~~	115843
~~Code, is an arm's length transaction, the new provider shall~~	115844
~~submit a cost report for that facility not later than ninety days~~	115845
~~after the end of the facility's first three full calendar months~~	115846
~~of operation under the new provider. The provider of a facility~~	115847
~~that opens or undergoes a change of provider that is an arm's~~	115848
~~length transaction after the first day of October in any calendar~~	115849
~~year is not required to file a cost report for that calendar year.~~	115850

~~(c)~~(B) If a nursing facility undergoes a change of provider	115851
that the department determines, in accordance with rules adopted	115852
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	115853
arm's length transaction, the new provider shall file athe	115854
nursing facility's cost report ~~under~~in accordance with division	115855
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	115856
report shall cover the portion of the calendar year during which	115857
the new provider operated the nursing facility and the portion of	115858
the calendar year during which the previous provider operated the	115859
nursing facility.	115860

~~(2) If a provider required to submit a cost report for a~~	115861
~~nursing facility or intermediate care facility for the mentally~~	115862
~~retarded does not file the report within the required time period~~	115863
~~or within fourteen days thereafter if an extension is granted~~	115864
~~under division (A)(1)(a) of this section, or files an incomplete~~	115865
~~or inadequate report for the facility, the department shall~~	115866
~~provide immediate written notice to the provider that the provider~~	115867
~~agreement for the facility will be terminated in thirty days~~	115868
~~unless the provider submits a complete and adequate cost report~~	115869
~~for the facility within thirty days. During the thirty-day~~	115870
~~termination period or any additional time allowed for an appeal of~~	115871
~~the proposed termination of a provider agreement, the provider~~	115872
~~shall be paid the facility's then current per resident per day~~	115873
~~rate, minus two dollars. On July 1, 1994, the department shall~~	115874
~~adjust the two-dollar reduction to reflect the rate of inflation~~	115875
~~during the preceding twelve months, as shown in the consumer price~~	115876
~~index for all items for all urban consumers for the north central~~	115877
~~region, published by the United States bureau of labor statistics.~~	115878
~~On July 1, 1995, and the first day of July of each year~~	115879
~~thereafter, the department shall adjust the amount of the~~	115880
~~reduction in effect during the previous twelve months to reflect~~	115881
~~the rate of inflation during the preceding twelve months, as shown~~	115882
~~in the same index.~~	115883

~~(B) No provider shall report fines paid under sections~~	115884
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	115885
~~cost report filed under this section.~~	115886

(C) ~~The department shall develop an addendum to the cost~~	115887
~~report form that a provider may use to set forth costs that the~~	115888
~~provider believes may be disputed by the department. Any costs~~	115889
~~reported by the provider on the addendum may be considered by the~~	115890
~~department in setting the facility's rate. If the department does~~	115891
~~not consider the costs listed on the addendum in setting the~~	115892
~~facility's rate, the provider may seek reconsideration of that~~	115893
~~determination under section 5111.29 of the Revised Code. If the~~	115894
~~department subsequently includes the costs listed in the addendum~~	115895
~~in the facility's rate, the department shall pay the provider~~	115896
~~interest at a reasonable rate established in rules adopted under~~	115897
~~section 5111.02 of the Revised Code for the time that the rate~~	115898
~~paid excluded the costs.~~If the medicaid payment rate for a new	115899
nursing facility was most recently determined in accordance with	115900
section 5165.151 of the Revised Code, the provider shall file with	115901
the department a cost report for the new nursing facility not	115902
later than, except as provided in division (E) of this section,	115903
ninety days after the end of the new nursing facility's first	115904
three full calendar months of operation. The cost report shall	115905
cover the period that begins with the nursing facility's first day	115906
of operation and ends on the first day of the month immediately	115907
following the first three full months of operation.	115908

(D) A nursing facility provider is not required to file a	115909
cost report for a nursing facility for a calendar year in	115910
accordance with division (A) of this section if the provider files	115911
a cost report for the nursing facility under division (C) of this	115912
section and that cost report covers a period that begins after the	115913
first day of October of that calendar year. The provider shall	115914
file a cost report for the nursing facility in accordance with	115915
division (A) of this section for the immediately following	115916
calendar year.	115917

(E) The department may grant to a provider a fourteen-day	115918
extension to file a cost report under this section if the provider	115919
provides the department a written request for the extension and	115920
the department determines that there is good cause for the	115921
extension.	115922

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	115923
~~nursing facility~~ filing the nursing facility's cost report with	115924
the department of ~~job and family services~~medicaid under section	115925
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	115926
nonreimbursable expense the cost of the nursing facility's	115927
franchise permit fee.	115928

Sec. 5165.102. No nursing facility provider shall report	115929
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	115930
the Revised Code in a cost report filed under section 5165.10 or	115931
5165.522 of the Revised Code.	115932

Sec. 5165.103. Cost reports shall be completed using the	115933
form prescribed under section 5165.104 of the Revised Code and in	115934
accordance with the guidelines established under that section.	115935

Sec. 5165.104. The department of medicaid shall do all of	115936
the following:	115937

(A) Prescribe the form to be used for completing a cost	115938
report and a uniform chart of accounts for the purpose of	115939
reporting costs on the form;	115940

(B) Distribute a paper copy of the form, or computer software	115941
for electronic submission of the form, to each provider at least	115942
sixty days before the date the cost report is due;	115943

115944

Sec. 5165.105. The department of medicaid shall develop an	115945
addendum to the cost report form that a nursing facility provider	115946
may use to set forth costs that the provider believes the	115947
department may dispute. The department may consider such costs in	115948
determining a nursing facility's medicaid payment rate. If the	115949
department does not consider such costs in determining a nursing	115950
facility's medicaid payment rate, the provider may seek	115951
reconsideration of the determination in accordance with section	115952
5165.38 of the Revised Code. If the department subsequently	115953
includes such costs in a nursing facility's medicaid payment rate,	115954
the department shall pay the provider interest at a reasonable	115955
rate established in rules adopted under section 5165.02 of the	115956
Revised Code for the period that the rate excluded the costs.	115957

Sec. 5165.106. If a nursing facility provider required by	115958
section 5165.10 of the Revised Code to file a cost report for the	115959
nursing facility fails to file the cost report by the date it is	115960
due or the date, if any, to which the due date is extended	115961
pursuant to division (E) of that section, or files an incomplete	115962
or inadequate report for the nursing facility under that section,	115963
the department of medicaid shall provide immediate written notice	115964
to the provider that the provider agreement for the nursing	115965
facility will be terminated in thirty days unless the provider	115966
submits a complete and adequate cost report for the nursing	115967
facility within thirty days. During the thirty-day termination	115968
period or any additional time allowed for an appeal of the	115969
proposed termination of a provider agreement, the provider shall	115970
be paid the nursing facility's then current per medicaid day	115971
payment rate, minus the dollar amount by which nursing facility's	115972
per medicaid day payment rates are reduced during fiscal year 2013	115973
in accordance with division (A)(2) of section 5111.26 of the	115974
Revised Code (renumbered as section 5165.10 of the Revised Code by	115975
H.B. 59 of the 130th general assembly) as that section existed on	115976
the day immediately preceding the effective date of this section.	115977
On the first day of each July, the department shall adjust the	115978
amount of the reduction in effect during the previous twelve	115979
months to reflect the rate of inflation during the preceding	115980
twelve months, as shown in the consumer price index for all items	115981
for all urban consumers for the north central region, published by	115982
the United States bureau of labor statistics.	115983

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	115984
(B) of this section and not later than three years after a nursing	115985
facility provider files a cost report with the department of ~~job~~	115986
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	115987
Revised Code, the provider may amend the cost report if the	115988
provider discovers a material error in the cost report or	115989
additional information to be included in the cost report. The	115990
department shall review the amended cost report for accuracy and	115991
notify the provider of its determination.	115992

(B) A provider may not amend a cost report if the department	115993
has notified the provider that an audit of the cost report or a	115994
cost report of the provider for a subsequent cost reporting period	115995
is to be conducted under section ~~5111.27~~5165.109 of the Revised	115996
Code. The provider may, however, provide the department	115997
information that affects the costs included in the cost report.	115998
Such information may not be provided after the adjudication of the	115999
final settlement of the cost report.	116000

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	116001
~~services~~medicaid shall conduct a desk review of each cost report	116002
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	116003
Revised Code. Based on the desk review, the department shall make	116004
a preliminary determination of whether the reported costs are	116005
allowable costs. The department shall notify each nursing facility	116006
provider of whether any of the reported costs are preliminarily	116007
determined not to be allowable, the medicaid payment rate	116008
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	116009
~~Revised Code~~this chapter that results from that determination,	116010
and the reasons for the determination and resulting rate. The	116011
department shall allow the provider to verify the calculation and	116012
submit additional information.	116013

~~(B) The department may conduct an audit, as defined by rule~~	116014
~~adopted under section 5111.02 of the Revised Code, of any cost~~	116015
~~report. The decision whether to conduct an audit and the scope of~~	116016
~~the audit, which may be a desk or field audit, may be determined~~	116017
~~based on prior performance of the provider, a risk analysis, or~~	116018
~~other evidence that gives the department reason to believe that~~	116019
~~the provider has reported costs improperly. A desk or field audit~~	116020
~~may be performed annually, but is required whenever a provider~~	116021
~~does not pass the risk analysis tolerance factors. An audit shall~~	116022
~~be conducted by auditors under contract with or employed by the~~	116023
~~department. The department shall notify a provider of the findings~~	116024
~~of an audit by issuing an audit report. An audit report regarding~~	116025
~~a nursing facility shall include notice of any fine imposed under~~	116026
~~section 5111.271 of the Revised Code. The department shall issue~~	116027
~~the audit report no later than three years after the cost report~~	116028
~~is filed, or upon the completion of a desk or field audit on the~~	116029
~~report or a report for a subsequent cost reporting period,~~	116030
~~whichever is earlier.~~	116031

~~The department may establish a contract for the auditing of~~	116032
~~facilities by outside firms. Each contract entered into by bidding~~	116033
~~shall be effective for one to two years. The department shall~~	116034
~~establish an audit manual and program which shall require that all~~	116035
~~field audits, conducted either pursuant to a contract or by~~	116036
~~department employees:~~	116037

~~(1) Comply with the applicable rules prescribed pursuant to~~	116038
~~Titles XVIII and XIX;~~	116039

~~(2) Consider generally accepted auditing standards prescribed~~	116040
~~by the American institute of certified public accountants;~~	116041

~~(3) Include a written summary as to whether the costs~~	116042
~~included in the report examined during the audit are allowable and~~	116043
~~are presented in accordance with state and federal laws and~~	116044
~~regulations, and whether, in all material respects, allowable~~	116045
~~costs are documented, reasonable, and related to patient care;~~	116046

~~(4) Are conducted by accounting firms or auditors who, during~~	116047
~~the period of the auditors' professional engagement or employment~~	116048
~~and during the period covered by the cost reports, do not have nor~~	116049
~~are committed to acquire any direct or indirect financial interest~~	116050
~~in the ownership, financing, or operation of a nursing facility or~~	116051
~~intermediate care facility for the mentally retarded in this~~	116052
~~state;~~	116053

~~(5) Are conducted by accounting firms or auditors who, as a~~	116054
~~condition of the contract or employment, shall not audit any~~	116055
~~facility that has been a client of the firm or auditor;~~	116056

~~(6) Are conducted by auditors who are otherwise independent~~	116057
~~as determined by the standards of independence included in the~~	116058
~~government auditing standards produced by the United States~~	116059
~~government accountability office;~~	116060

~~(7) Are completed within the time period specified by the~~	116061
~~department;~~	116062

~~(8) Provide to the provider complete written interpretations~~	116063
~~that explain in detail the application of all relevant contract~~	116064
~~provisions, regulations, auditing standards, rate formulae, and~~	116065
~~departmental policies, with explanations and examples, that are~~	116066
~~sufficient to permit the provider to calculate with reasonable~~	116067
~~certainty those costs that are allowable and the rate to which the~~	116068
~~provider's facility is entitled.~~	116069

~~For the purposes of division (B)(4) of this section,~~	116070
~~employment of a member of an auditor's family by a nursing~~	116071
~~facility or intermediate care facility for the mentally retarded~~	116072
~~that the auditor does not review does not constitute a direct or~~	116073
~~indirect financial interest in the ownership, financing, or~~	116074
~~operation of the facility.~~	116075

~~(C) The department, pursuant to rules adopted under section~~	116076
~~5111.02 of the Revised Code, may conduct an exception review of~~	116077
~~assessment data submitted under section 5111.232 of the Revised~~	116078
~~Code. The department may conduct an exception review based on the~~	116079
~~findings of a certification survey conducted by the department of~~	116080
~~health, a risk analysis, or prior performance of the provider.~~	116081

~~Exception reviews shall be conducted at the facility by~~	116082
~~appropriate health professionals under contract with or employed~~	116083
~~by the department of job and family services. The professionals~~	116084
~~may review resident assessment forms and supporting documentation,~~	116085
~~conduct interviews, and observe residents to identify any patterns~~	116086
~~or trends of inaccurate assessments and resulting inaccurate~~	116087
~~case-mix scores.~~	116088

~~The rules shall establish an exception review program that~~	116089
~~requires that exception reviews do all of the following:~~	116090

~~(1) Comply with Titles XVIII and XIX;~~

116091

~~(2) Provide a written summary that states whether the~~	116092
~~resident assessment forms have been completed accurately;~~	116093

~~(3) Are conducted by health professionals who, during the~~	116094
~~period of their professional engagement or employment with the~~	116095
~~department, neither have nor are committed to acquire any direct~~	116096
~~or indirect financial interest in the ownership, financing, or~~	116097
~~operation of a nursing facility or intermediate care facility for~~	116098
~~the mentally retarded in this state;~~	116099

~~(4) Are conducted by health professionals who, as a condition~~	116100
~~of their engagement or employment with the department, shall not~~	116101
~~review any provider that has been a client of the professional.~~	116102

~~For the purposes of division (C)(3) of this section,~~	116103
~~employment of a member of a health professional's family by a~~	116104
~~nursing facility or intermediate care facility for the mentally~~	116105
~~retarded that the professional does not review does not constitute~~	116106
~~a direct or indirect financial interest in the ownership,~~	116107
~~financing, or operation of the facility.~~	116108

~~If an exception review is conducted before the effective date~~	116109
~~of the rate that is based on the case-mix data subject to the~~	116110
~~review and the review results in findings that exceed tolerance~~	116111
~~levels specified in the rules adopted under this division, the~~	116112
~~department, in accordance with those rules, may use the findings~~	116113
~~to recalculate individual resident case-mix scores, quarterly~~	116114
~~average facility case-mix scores, and annual average facility~~	116115
~~case-mix scores. The department may use the recalculated quarterly~~	116116
~~and annual facility average case-mix scores to calculate the~~	116117
~~facility's rate for direct care costs for the appropriate calendar~~	116118
~~quarter or quarters.~~	116119

~~(D) The department shall prepare a written summary of any~~	116120
~~audit disallowance or exception review finding that is made after~~	116121
~~the effective date of the rate that is based on the cost or~~	116122
~~case-mix data. Where the provider is pursuing judicial or~~	116123
~~administrative remedies in good faith regarding the disallowance~~	116124
~~or finding, the department shall not withhold from the provider's~~	116125
~~current payments any amounts the department claims to be due from~~	116126
~~the provider pursuant to section 5111.28 of the Revised Code.~~	116127

~~(E) The department shall not reduce rates calculated under~~	116128
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	116129
~~the provider charges a lower rate to any resident who is not~~	116130
~~eligible for the medicaid program.~~	116131

~~(F) The department shall adjust the rates calculated under~~	116132
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	116133
~~reasonable additional costs that must be incurred by intermediate~~	116134
~~care facilities for the mentally retarded to comply with~~	116135
~~requirements of federal or state statutes, rules, or policies~~	116136
~~enacted or amended after January 1, 1992, or with orders issued by~~	116137
~~state or local fire authorities.~~	116138

Sec. 5165.109. (A) The department of medicaid may conduct an	116139
audit, as defined in rules adopted under section 5165.02 of the	116140
Revised Code, of any cost report filed under section 5165.10 or	116141
5165.522 of the Revised Code. The decision whether to conduct an	116142
audit and the scope of the audit, which may be a desk or field	116143
audit, may be determined based on prior performance of the	116144
provider, a risk analysis, or other evidence that gives the	116145
department reason to believe that the provider has reported costs	116146
improperly. A desk or field audit may be performed annually, but	116147
is required whenever a provider does not pass the risk analysis	116148
tolerance factors.	116149

(B) Audits shall be conducted by auditors under contract with	116150
the department, auditors working for firms under contract with the	116151
department, or auditors employed by the department.	116152

The department may establish a contract for the auditing of	116153
nursing facilities by outside firms. Each contract entered into by	116154
bidding shall be effective for one to two years.	116155

(C) The department shall notify a provider of the findings of	116156
an audit of a cost report by issuing an audit report. The audit	116157
report shall include notice of any fine imposed under section	116158
5165.1010 of the Revised Code. The department shall issue the	116159
audit report not later than three years after the earlier of the	116160
following:	116161

(1) The date the cost report is filed;

116162

(2) The date a desk or field audit of the cost report or a	116163
cost report for a subsequent cost reporting period is completed.	116164

(D) The department shall prepare a written summary of any	116165
audit disallowance that is made after the effective date of the	116166
rate that is based on the cost. Where the provider is pursuing	116167
judicial or administrative remedies in good faith regarding the	116168
disallowance, the department shall not withhold from the	116169
provider's current payments any amounts the department claims to	116170
be due from the provider pursuant to section 5165.41 of the	116171
Revised Code.	116172

(E)(1) The department shall establish an audit manual and	116173
program for field audits conducted under this section. Each	116174
auditor conducting a field audit under this section shall follow	116175
the audit manual and program, regardless of whether the auditor is	116176
under contract with the department, works for a firm under	116177
contract with the department, or is employed by the department.	116178
The manual and program shall do both of the following:	116179

(a) Require each field audit to be conducted by an auditor to	116180
whom all of the following apply:	116181

(i) During the period of the auditor's contract, firm's	116182
contract, or auditor's employment with the department, the auditor	116183
or firm does not have and is not committed to acquire any direct	116184
or indirect financial interest in the ownership, financing, or	116185
operation of nursing facilities in this state.	116186

(ii) The auditor does not audit any provider that has been a	116187
client of the auditor or the auditor's firm.	116188

(iii) The auditor is otherwise independent as determined by	116189
the standards of independence included in the government auditing	116190
standards produced by the United States government accountability	116191
office.	116192

(b) Require each auditor conducting a field audit to do all	116193
of the following:	116194

(i) Comply with applicable rules prescribed pursuant to Title	116195
XVIII and Title XIX;	116196

(ii) Consider generally accepted auditing standards	116197
prescribed by the American institute of certified public	116198
accountants;	116199

(iii) Include a written summary as to whether the costs	116200
included in the cost report examined during the audit are	116201
allowable and are presented in accordance with state and federal	116202
laws and regulations, and whether, in all material respects,	116203
allowable costs are documented, reasonable, and related to patient	116204
care;	116205

(iv) Complete the audit within the time period specified by	116206
the department;	116207

(v) Provide to the provider complete written interpretations	116208
that explain in detail the application of all relevant contract	116209
provisions, regulations, auditing standards, rate formulae, and	116210
departmental policies, with explanations and examples, that are	116211
sufficient to permit the provider to calculate with reasonable	116212
certainty those costs that are allowable and the rate to which the	116213
provider's nursing facility is entitled.	116214

(2) For the purpose of division (E)(1)(a)(i) of this section,	116215
employment of a member of an auditor's family by a nursing	116216
facility that the auditor does not audit does not constitute a	116217
direct or indirect financial interest in the ownership, financing,	116218
or operation of the nursing facility.	116219

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	116220
section, the department of ~~job and family services~~medicaid shall	116221
fine the provider of a nursing facility if the report of an audit	116222
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	116223
Revised Code regarding a cost report for the nursing facility	116224
includes either of the following:	116225

(1) Adverse findings that exceed three per cent of the total	116226
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	116227
in the cost report;	116228

(2) Adverse findings that exceed twenty per cent of	116229
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	116230
cost center reported in the cost report.	116231

(B) A fine issued under this section shall equal the greatest	116232
of the following:	116233

(1) If the adverse findings exceed three per cent but do not	116234
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	116235
medicaid-allowable costs reported in the cost report, the greater	116236
of three per cent of those reported costs or ten thousand dollars;	116237

(2) If the adverse findings exceed ten per cent but do not	116238
exceed twenty per cent of the total amount of	116239
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	116240
cost report, the greater of six per cent of those reported costs	116241
or twenty-five thousand dollars;	116242

(3) If the adverse findings exceed twenty per cent of the	116243
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	116244
reported in the cost report, the greater of ten per cent of those	116245
reported costs or fifty thousand dollars;	116246

(4) If the adverse findings exceed twenty per cent but do not	116247
exceed twenty-five per cent of ~~medicaid-reimbursable~~	116248
medicaid-allowable costs for a particular cost center reported in	116249
the cost report, the greater of three per cent of the total amount	116250
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	116251
cost report or ten thousand dollars;	116252

(5) If the adverse findings exceed twenty-five per cent but	116253
do not exceed thirty per cent of ~~medicaid-reimbursable~~	116254
medicaid-allowable costs for a particular cost center reported in	116255
the cost report, the greater of six per cent of the total amount	116256
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	116257
cost report or twenty-five thousand dollars;	116258

(6) If the adverse findings exceed thirty per cent of	116259
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	116260
cost center reported in the cost report, the greater of ten per	116261
cent of the total amount of ~~medicaid-reimbursable~~	116262
medicaid-allowable costs reported in the cost report or fifty	116263
thousand dollars.	116264

(C) Fines paid under this section shall be deposited into the	116265
health care services administration fund created under section	116266
~~5111.94~~5162.54 of the Revised Code.	116267

(D) The department may not collect a fine under this section	116268
until all appeal rights relating to the audit report that is the	116269
basis for the fine are exhausted.	116270

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	116271
~~resource utilization resident" means a medicaid recipient residing~~	116272
~~in a nursing facility who, for purposes of calculating the nursing~~	116273
~~facility's medicaid reimbursement rate for direct care costs, is~~	116274
~~placed in either of the two lowest resource utilization groups,~~	116275
~~excluding any resource utilization group that is a default group~~	116276
~~used for residents with incomplete assessment data.~~	116277

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	116278
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	116279
~~division (C) of this section~~, the total per medicaid day payment	116280
rate that the department of ~~job and family services~~medicaid shall	116281
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	116282
facility ~~pursuant to a provider agreement~~provider for nursing	116283
facility services the provider's nursing facility provides during	116284
a fiscal year shall equal the sum of all of the following:	116285

(1) ~~The rate for direct care costs determined for the nursing~~	116286
~~facility under section 5111.231 of the Revised Code;~~	116287

~~(2)~~ The per medicaid day payment rate for ancillary and	116288
support costs determined for the nursing ~~facility's ancillary and~~	116289
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	116290
the Revised Code;	116291

~~(3)~~(2) The per medicaid day payment rate for capital costs	116292
determined for the nursing facility under section 5165.17 of the	116293
Revised Code;	116294

(3) The per medicaid day payment rate for direct care costs	116295
determined for the nursing facility under section 5165.19 of the	116296
Revised Code;	116297

(4) The per medicaid day payment rate for tax costs	116298
determined for the nursing facility under section ~~5111.242~~5165.21	116299
of the Revised Code;	116300

~~(4) The quality incentive payment paid to the nursing~~	116301
~~facility under section 5111.244 of the Revised Code;~~	116302

(5) If the nursing facility qualifies as a critical access	116303
nursing facility, the nursing facility's critical access incentive	116304
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	116305
5165.23 of the Revised Code;	116306

(6) The ~~rate for capital costs determined for the nursing~~	116307
~~facility's capital costs peer group under section 5111.25~~quality	116308
incentive payment paid to the nursing facility under section	116309
5165.25 of the Revised Code.	116310

~~(C) The total rate determined under division (B) of this~~	116311
~~section shall not be paid for nursing facility services provided~~	116312
~~to low resource utilization residents. Instead, the total rate for~~	116313
~~nursing facility services that a nursing facility provides to low~~	116314
~~resource utilization residents shall be one hundred thirty dollars~~	116315
~~per medicaid day.~~	116316

~~(D)~~(B) In addition to paying a nursing facility provider the	116317
nursing facility's total rate determined under division ~~(B) or~~	116318
~~(C)~~(A) of this section for a fiscal year, the department shall pay	116319
the provider a quality bonus under section ~~5111.245~~5165.26 of the	116320
Revised Code for that fiscal year if the provider's nursing	116321
facility is a qualifying nursing facility, as defined in that	116322
section, for that fiscal year. The quality bonus shall not be part	116323
of the total rate.	116324

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	116325
~~services shall establish initial rates for a nursing facility with~~	116326
~~a first date of licensure that is on or after July 1, 2006,~~	116327
~~including a facility that replaces one or more existing~~	116328
~~facilities, or for a nursing facility with a first date of~~	116329
~~licensure before that date that was initially certified for the~~	116330
~~medicaid program on or after that date,~~total per medicaid day	116331
payment rate determined under section 5165.15 of the Revised Code	116332
shall not be the initial rate for nursing facility services	116333
provided by a new nursing facility. Instead, the initial total per	116334
medicaid day payment rate for nursing facility services provided	116335
by a new nursing facility shall be determined in the following	116336
manner:	116337

(1) The initial rate for ancillary and support costs shall be	116338
the rate for the new nursing facility's peer group determined	116339
under division (D) of section 5165.16 of the Revised Code.	116340

(2) The initial rate for capital costs shall be the rate for	116341
the new nursing facility's peer group determined under division	116342
(D) of section 5165.17 of the Revised Code;	116343

(3) The initial rate for direct care costs shall be the	116344
product of the cost per case-mix unit determined under division	116345
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	116346
nursing facility's peer group and the new nursing facility's	116347
case-mix score determined under division (B) of this section. ~~For~~	116348
~~the purpose of division (A)(1) of this section, the nursing~~	116349
~~facility's case-mix score shall be the following:~~	116350

~~(a) Unless the nursing facility replaces an existing nursing~~	116351
~~facility that participated in the medicaid program immediately~~	116352
~~before the replacement nursing facility begins participating in~~	116353
~~the medicaid program, the median annual average case-mix score for~~	116354
~~the nursing facility's peer group;~~	116355

~~(b) If the nursing facility replaces an existing nursing~~	116356
~~facility that participated in the medicaid program immediately~~	116357
~~before the replacement nursing facility begins participating in~~	116358
~~the medicaid program, the semiannual case-mix score most recently~~	116359
~~determined under section 5111.232 of the Revised Code for the~~	116360
~~replaced nursing facility as adjusted, if necessary, to reflect~~	116361
~~any difference in the number of beds in the replaced and~~	116362
~~replacement nursing facilities.~~	116363

~~(2) The rate for ancillary and support costs shall be the~~	116364
~~rate for the facility's peer group determined under division (D)~~	116365
~~of section 5111.24 of the Revised Code.~~	116366

~~(3) The rate for capital costs shall be the rate for the~~	116367
~~facility's peer group determined under division (D) of section~~	116368
~~5111.25 of the Revised Code.~~	116369

(4) The initial rate for tax costs shall be the median rate	116370
for tax costs for the new nursing facility's peer group in which	116371
the nursing facility is placed under division (C) of section	116372
~~5111.24~~5165.16 of the Revised Code.	116373

(5) The quality incentive payment shall be the mean payment	116374
made to nursing facilities under section ~~5111.244~~5165.25 of the	116375
Revised Code.	116376

(B) For the purpose of division (A)(3) of this section, a new	116377
nursing facility's case-mix score shall be the following:	116378

(1) Unless the new nursing facility replaces an existing	116379
nursing facility that participated in the medicaid program	116380
immediately before the new nursing facility begins participating	116381
in the medicaid program, the median annual average case-mix score	116382
for the new nursing facility's peer group;	116383

(2) If the nursing facility replaces an existing nursing	116384
facility that participated in the medicaid program immediately	116385
before the new nursing facility begins participating in the	116386
medicaid program, the semiannual case-mix score most recently	116387
determined under section 5165.192 of the Revised Code for the	116388
replaced nursing facility as adjusted, if necessary, to reflect	116389
any difference in the number of beds in the replaced and new	116390
nursing facilities.	116391

(C) Subject to division ~~(C)~~(D) of this section, the	116392
department shall adjust the rates established under division (A)	116393
of this section effective the first day of July, to reflect new	116394
rate calculations for all nursing facilities under ~~sections~~	116395
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	116396

~~(C)~~(D) If a rate for direct care costs is determined under	116397
this section for a new nursing facility using the median annual	116398
average case-mix score for the new nursing facility's peer group,	116399
the rate shall be redetermined to reflect the ~~replacement~~new	116400
nursing facility's actual semiannual average case-mix score	116401
determined under section ~~5111.232~~5165.192 of the Revised Code	116402
after the new nursing facility submits its first two quarterly	116403
assessment data that qualify for use in calculating a case-mix	116404
score in accordance with rules authorized by ~~division (E) of~~	116405
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	116406
facility's quarterly submissions do not qualify for use in	116407
calculating a case-mix score, the department shall continue to use	116408
the median annual average case-mix score for the new nursing	116409
facility's peer group in lieu of the new nursing facility's	116410
semiannual case-mix score until the new nursing facility submits	116411
two consecutive quarterly assessment data that qualify for use in	116412
calculating a case-mix score.	116413

Sec. 5165.152. The total per medicaid day payment rate	116414
determined under section 5165.15 of the Revised Code shall not be	116415
paid for nursing facility services provided to low resource	116416
utilization residents. Instead, the total rate for such nursing	116417
facility services shall be one hundred thirty dollars per medicaid	116418
day.	116419

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	116420
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	116421
~~Revised Code), the director of job and family services shall adopt~~	116422
~~rules under section 5111.02 of the Revised Code that establish a~~	116423
~~methodology for calculating the prospective rates that will be~~	116424
~~paid each fiscal year to a provider for each of the provider's~~	116425
~~eligible nursing facilities and intermediate care facilities for~~	116426
~~the mentally retarded, and discrete units of the provider's~~	116427
~~nursing facilities or intermediate care facilities for the~~	116428
~~mentally retarded, that serve residents who have diagnoses~~The	116429
total per medicaid day payment rate determined under section	116430
5165.15 of the Revised Code shall not be paid for nursing facility	116431
services provided by a nursing facility, or discrete unit of a	116432
nursing facility, designated by the department of medicaid as an	116433
outlier nursing facility or unit. Instead, the provider of a	116434
designated outlier nursing facility or unit shall be paid each	116435
fiscal year a total per medicaid day payment rate that the	116436
department shall prospectively determine in accordance with a	116437
methodology established in rules authorized by this section.	116438

(B) The department may designate a nursing facility, or	116439
discrete unit of a nursing facility, as an outlier nursing	116440
facility or unit if the nursing facility or unit serves residents	116441
who have either of the following:	116442

(1) Diagnoses or special care needs that require direct care	116443
resources that are not measured adequately by the ~~applicable~~	116444
resident assessment instrument specified in rules authorized by	116445
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	116446
~~diagnoses~~;	116447

(2) Diagnoses or special care needs specified in ~~the~~ rules	116448
authorized by this section as otherwise qualifying for	116449
consideration under this section. ~~The facilities and units of~~	116450
~~facilities whose rates are established under this division may~~	116451
~~include, but shall not be limited to, any of the following:~~	116452

~~(1) In the case of nursing facilities, facilities and units~~	116453
~~of facilities that serve medically fragile pediatric residents,~~	116454
~~residents who are dependent on ventilators, or residents who have~~	116455
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	116456
~~end-stage acquired immunodeficiency syndrome;~~	116457

~~(2) In the case of intermediate care facilities for the~~	116458
~~mentally retarded, facilities and units of facilities that serve~~	116459
~~residents who have complex medical conditions or severe behavioral~~	116460
~~problems.~~	116461

~~The department shall use the methodology established under~~	116462
~~this division to pay for services rendered by such facilities and~~	116463
~~units after June 30, 1993.~~	116464

(C) Notwithstanding any other provision of this chapter	116465
(except section 5165.156 of the Revised Code), the costs incurred	116466
by a designated outlier nursing facility or unit shall not be	116467
considered in establishing medicaid payment rates for other	116468
nursing facilities or units.	116469

(D) The medicaid director shall adopt rules under section	116470
5165.02 of the Revised Code as necessary to implement this	116471
section.	116472

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	116473
both of the following:	116474

(i) Specify the criteria and procedures the department will	116475
apply when designating ~~facilities and units that qualify for~~	116476
~~calculation of rates under this division~~a nursing facility, or	116477
discrete unit of a nursing facility, as an outlier nursing	116478
facility or unit;	116479

(ii) Establish a methodology for prospectively determining	116480
the total per medicaid day payment rate that will be paid each	116481
fiscal year for nursing facility services provided by a designated	116482
outlier nursing facility or unit. ~~The criteria shall include~~	116483

(b) The rules authorized by division (D)(1)(a)(i) of this	116484
section regarding the criteria for designating outlier nursing	116485
facilities and units shall do both of the following:	116486

(i) Provide for consideration of whether all of the allowable	116487
costs of ~~the~~a nursing facility, or discrete unit of a nursing	116488
facility, would be paid by ~~rates established~~a rate determined	116489
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	116490
Code~~, and shall establish a~~;	116491

(ii) Specify the minimum ~~bed size for a~~number of nursing	116492
facility beds that a nursing facility, or discrete unit ~~to qualify~~	116493
toof a nursing facility, must have ~~its rates established under~~	116494
~~this division~~to be designated an outlier nursing facility or	116495
unit, which may vary based on the diagnoses or special care needs	116496
of the residents served by the nursing facility or unit. ~~The~~	116497
~~criteria shall not be designed to require that residents be served~~	116498
~~only in~~	116499

(c) The rules authorized by division (D)(1)(a)(i) of this	116500
section regarding the criteria for designating outlier nursing	116501
facilities and units shall not limit the designation to nursing	116502
facilities, or discrete units of nursing facilities, located in	116503
large cities. ~~The~~	116504

(d) The rules authorized by division (D)(1)(a)(ii) of this	116505
section regarding the methodology for prospectively determining	116506
the rates of designated outlier nursing facilities and units shall	116507
provide for the methodology ~~established by the rules shall~~to	116508
consider the historical costs of providing ~~care~~nursing facility	116509
services to the residents of ~~the~~designated outlier nursing	116510
facilities orand units.	116511

(2)(a) The rules may ~~require~~do both of the following:

116512

(i) Include for designation as an outlier nursing facility or	116513
unit, a nursing facility, or discrete unit of a nursing facility,	116514
that serves medically fragile pediatric residents; residents who	116515
are dependent on ventilators; residents who have severe traumatic	116516
brain injury, end-stage Alzheimer's disease, or end-stage acquired	116517
immunodeficiency syndrome; or residents with other diagnoses or	116518
special care needs specified in the rules;	116519

(ii) Require that a designated outlier nursing facility	116520
~~designated under this division or containing a unit designated~~	116521
~~under this division~~ receive authorization from the department to	116522
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	116523
~~facility or unit and~~.	116524

(b) If the director adopts rules authorized by division	116525
(D)(2)(a)(ii) of this section regarding the authorization of a	116526
designated outlier nursing facility or unit to admit or retain a	116527
resident, the rules shall specify the criteria and procedures the	116528
department will apply when granting that authorization.	116529

~~Notwithstanding any other provision of sections 5111.20 to~~	116530
~~5111.331 of the Revised Code (except section 5111.259 of the~~	116531
~~Revised Code), the costs incurred by facilities or units whose~~	116532
~~rates are established under this division shall not be considered~~	116533
~~in establishing payment rates for other facilities or units.~~	116534

~~(B) The director may adopt rules under section 5111.02 of the~~	116535
~~Revised Code under which the department, notwithstanding any other~~	116536
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	116537
~~(except section 5111.259 of the Revised Code), may adjust the~~	116538
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	116539
~~Code for a facility that serves a resident who has a diagnosis or~~	116540
~~special care need that, in the rules authorized by division (A) of~~	116541
~~this section, would qualify a facility or unit of a facility to~~	116542
~~have its rate determined under that division, but who is not in~~	116543
~~such a unit. The rules may require that a facility that qualifies~~	116544
~~for a rate adjustment under this division receive authorization~~	116545
~~from the department to admit or retain a resident who qualifies~~	116546
~~the facility for the rate adjustment and shall specify the~~	116547
~~criteria and procedures the department will apply when granting~~	116548
~~that authorization.~~	116549

Sec. 5165.154. (A) To the extent, if any, provided for in	116550
rules authorized by this section, the total per medicaid day	116551
payment rate determined under section 5165.15 of the Revised Code	116552
shall not be paid for nursing facility services that a nursing	116553
facility not designated as an outlier nursing facility or unit	116554
provides to a resident who meets the criteria for admission to a	116555
designated outlier nursing facility or unit, as specified in rules	116556
authorized by section 5165.153 of the Revised Code. Instead, the	116557
provider of a nursing facility providing nursing facility services	116558
to such a resident shall be paid each fiscal year a total per	116559
medicaid day payment rate that the department of medicaid shall	116560
prospectively determine in accordance with a methodology	116561
established in rules authorized by this section.	116562

(B) The medicaid director may adopt rules under section	116563
5165.02 of the Revised Code to implement this section. The rules	116564
may require that a nursing facility receive authorization from the	116565
department before admitting or retaining a resident who meets the	116566
criteria for admission to a designated outlier nursing facility or	116567
unit. If the director adopts such rules, the rules shall specify	116568
the criteria and procedures the department will apply when	116569
granting the authorization.	116570

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

116571

~~"Dual eligible individual" has the same meaning as in section~~	116572
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	116573
~~42 U.S.C. 1396n(h)(2)(B).~~	116574

~~"Medicaid~~, "medicaid maximum allowable amount" means one	116575
hundred per cent of a nursing facility's total per ~~diem~~medicaid	116576
day payment rate ~~for a medicaid day~~.	116577

(B) ~~The~~Instead of paying the total per medicaid day payment	116578
rate determined under section 5165.15 of the Revised Code, the	116579
department of ~~job and family services~~medicaid shall pay the	116580
provider of a nursing facility the lesser of the following for	116581
nursing facility services the nursing facility provides on or	116582
after January 1, 2012, to a dual eligible individual who is	116583
eligible for nursing facility services under the medicaid program	116584
and post-hospital extended care services under Part A of Title	116585
XVIII:	116586

(1) The coinsurance amount for the services as provided under	116587
Part A of Title XVIII;	116588

(2) The medicaid maximum allowable amount for the services,	116589
less the amount paid under Part A of Title XVIII for the services.	116590

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	116591
~~family services~~ may ~~submit a request to the United States~~	116592
~~secretary of health and human services for approval to~~ establish a	116593
centers of excellence component of the medicaid program. The	116594
purpose of the centers of excellence component is to increase the	116595
efficiency and quality of nursing facility services provided to	116596
medicaid recipients with complex nursing facility service needs.	116597
~~If federal approval for the centers of excellence component is~~	116598
~~granted, the~~The director may adopt rules under section ~~5111.02~~	116599
5165.02 of the Revised Code governing the component, including	116600
rules that establish a method of determining the medicaid	116601
~~reimbursement~~payment rates for nursing facilities providing	116602
nursing facility services to medicaid recipients participating in	116603
the component. The rules may specify the extent to which, if any,	116604
of the provisions of ~~section 5111.258~~sections 5165.153 and	116605
5165.154 of the Revised Code are to apply to the centers of	116606
excellence component. If such rules are adopted, the nursing	116607
facilities that provide nursing facility services to medicaid	116608
recipients participating in the centers of excellence component	116609
shall be paid for those services in accordance with the method	116610
established in the rules ~~notwithstanding anything to the contrary~~	116611
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	116612
day payment rate determined under section 5165.15 of the Revised	116613
Code.	116614

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

116615

(1) "Applicable calendar year" means the following:

116616

(a) For the purpose of the department of ~~job and family~~	116617
~~services'~~medicaid's initial determination under division (D) of	116618
this section of each peer group's rate for ancillary and support	116619
costs, calendar year 2003;	116620

(b) For the purpose of the department's rebasings, the	116621
calendar year the department selects.	116622

(2) "Rebasing" means a redetermination under division (D) of	116623
this section of each peer ~~groups'~~group's rate for ancillary and	116624
support costs using information from cost reports for an	116625
applicable calendar year that is later than the applicable	116626
calendar year used for the previous determination of such rates.	116627

(B) The department of ~~job and family services~~medicaid shall	116628
~~pay a provider for~~determine each ~~of the provider's eligible~~	116629
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	116630
payment rate for ancillary and support costs ~~determined for the~~.	116631
A nursing facility's ~~peer group~~rate shall be the rate determined	116632
under division (D) of this section for the nursing facility's peer	116633
group. However, for the period beginning October 1, 2013, and	116634
ending on the first day of the first rebasing, the rate for a	116635
nursing facility located in Mahoning or Stark county shall be the	116636
rate determined for the following:	116637

(1) If the nursing facility has fewer than one hundred beds,	116638
the nursing facilities in peer group three;	116639

(2) If the nursing facility has one hundred or more beds, the	116640
nursing facilities in peer group four.	116641

(C) For the purpose of determining nursing facilities' ~~rate~~	116642
rates for ancillary and support costs, the department shall	116643
establish six peer groups.	116644

~~Each~~(1) Until the first rebasing occurs, the peer groups	116645
shall be composed as follows:	116646

(a) Each nursing facility located in any of the following	116647
counties shall be placed in peer group one or two: Brown, Butler,	116648
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	116649
located in any of those counties that has fewer than one hundred	116650
beds shall be placed in peer group one. Each nursing facility	116651
located in any of those counties that has one hundred or more beds	116652
shall be placed in peer group two.	116653

(b) Each nursing facility located in any of the following	116654
counties shall be placed in peer group three or four: Ashtabula,	116655
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	116656
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	116657
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	116658
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	116659
Union, and Wood. Each nursing facility located in any of those	116660
counties that has fewer than one hundred beds shall be placed in	116661
peer group three. Each nursing facility located in any of those	116662
counties that has one hundred or more beds shall be placed in peer	116663
group four.	116664

(c) Each nursing facility located in any of the following	116665
counties shall be placed in peer group five or six: Adams, Allen,	116666
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	116667
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	116668
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	116669
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	116670
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	116671
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	116672
Washington, Wayne, Williams, and Wyandot. Each nursing facility	116673
located in any of those counties that has fewer than one hundred	116674
beds shall be placed in peer group five. Each nursing facility	116675
located in any of those counties that has one hundred or more beds	116676
shall be placed in peer group six.	116677

(2) Beginning with the first rebasing, the peer groups shall	116678
be composed as they are under division (C)(1) of this section	116679
except as follows:	116680

(a) Each nursing facility that has fewer than one hundred	116681
beds and is located in Mahoning or Stark county shall be placed in	116682
peer group three rather than peer group five.	116683

(b) Each nursing facility that has one hundred or more beds	116684
and is located in Mahoning or Stark county shall be placed in peer	116685
group four rather than peer group six.	116686

(D)(1) The department shall determine the rate for ancillary	116687
and support costs for each peer group established under division	116688
(C) of this section. The department is not required to conduct a	116689
rebasing more than once every ten years. Except as necessary to	116690
implement the amendments made to this section by Am. Sub. H.B. 153	116691
and Sub. H.B. 303, both of the 129th general assembly, the rate	116692
for ancillary and support costs determined under this division for	116693
a peer group shall be used for subsequent years until the	116694
department conducts a rebasing. To determine a peer group's rate	116695
for ancillary and support costs, the department shall do all of	116696
the following:	116697

(a) Subject to division (D)(2) of this section, determine the	116698
rate for ancillary and support costs for each nursing facility in	116699
the peer group for the applicable calendar year by using the	116700
greater of the nursing facility's actual inpatient days for the	116701
applicable calendar year or the inpatient days the nursing	116702
facility would have had for the applicable calendar year if its	116703
occupancy rate had been ninety per cent;	116704

(b) Subject to division (D)(3) of this section, identify	116705
which nursing facility in the peer group is at the twenty-fifth	116706
percentile of the rate for ancillary and support costs for the	116707
applicable calendar year determined under division (D)(1)(a) of	116708
this section;	116709

(c) Multiply the rate for ancillary and support costs	116710
determined under division (D)(1)(a) of this section for the	116711
nursing facility identified under division (D)(1)(b) of this	116712
section by the rate of inflation for the eighteen-month period	116713
beginning on the first day of July of the applicable calendar year	116714
and ending the last day of December of the calendar year	116715
immediately following the applicable calendar year using the	116716
following:	116717

(i) Until the first rebasing occurs, the consumer price index	116718
for all items for all urban consumers for the north central	116719
region, published by the United States bureau of labor statistics,	116720
as that index existed on July 1, 2005;	116721

(ii) Effective with the first rebasing and except as provided	116722
in division (D)(1)(c)(iii) of this section, the consumer price	116723
index for all items for all urban consumers for the midwest	116724
region, published by the United States bureau of labor statistics;	116725

(iii) If the United States bureau of labor statistics ceases	116726
to publish the index specified in division (D)(1)(c)(ii) of this	116727
section, the index the bureau subsequently publishes that covers	116728
urban consumers' prices for items for the region that includes	116729
this state.	116730

(d) Until the first rebasing occurs, increase the amount	116731
calculated under division (D)(1)(c) of this section by five and	116732
eight hundredths per cent.	116733

(2) For the purpose of determining a nursing facility's	116734
occupancy rate under division (D)(1)(a) of this section, the	116735
department shall include any beds that the nursing facility	116736
removes from its medicaid-certified capacity unless the nursing	116737
facility also removes the beds from its licensed bed capacity.	116738

(3) In making the identification under division (D)(1)(b) of	116739
this section, the department shall exclude both of the following:	116740

(a) Nursing facilities that participated in the medicaid	116741
program under the same provider for less than twelve months in the	116742
applicable calendar year;	116743

(b) Nursing facilities whose ancillary and support costs are	116744
more than one standard deviation from the mean desk-reviewed,	116745
actual, allowable, per diem ancillary and support cost for all	116746
nursing facilities in the nursing facility's peer group for the	116747
applicable calendar year.	116748

(4) The department shall not redetermine a peer group's rate	116749
for ancillary and support costs under this division based on	116750
additional information that it receives after the rate is	116751
determined. The department shall redetermine a peer group's rate	116752
for ancillary and support costs only if the department made an	116753
error in determining the rate based on information available to	116754
the department at the time of the original determination.	116755

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

116756

(1) "Applicable calendar year" means the following:

116757

(a) For the purpose of the department of ~~job and family~~	116758
~~services'~~medicaid's initial determination under division (D) of	116759
this section of each peer group's rate for capital costs, calendar	116760
year 2003;	116761

(b) For the purpose of the department's rebasings, the	116762
calendar year the department selects.	116763

(2) "Rebasing" means a redetermination under division (D) of	116764
this section of each peer ~~groups'~~group's rate for capital costs	116765
using information from cost reports for an applicable calendar	116766
year that is later than the applicable calendar year used for the	116767
previous determination of such rates.	116768

(B) The department of ~~job and family services~~medicaid shall	116769
~~pay a provider for~~determine each ~~of the provider's eligible~~	116770
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	116771
payment rate for capital costs ~~determined for the~~. A nursing	116772
facility's ~~peer group~~rate shall be the rate determined under	116773
division (D) of this section. However, for the period beginning	116774
October 1, 2013, and ending on the first day of the first	116775
rebasing, the rate for a nursing facility located in Mahoning or	116776
Stark county shall be the rate determined for the following:	116777

(1) If the nursing facility has fewer than one hundred beds,	116778
the nursing facilities in peer group three;	116779

(2) If the nursing facility has one hundred or more beds, the	116780
nursing facilities in peer group four.	116781

(C) For the purpose of determining nursing facilities' ~~rate~~	116782
rates for capital costs, the department shall establish six peer	116783
groups.	116784

~~Each~~(1) Until the first rebasing occurs, the peer groups	116785
shall be composed as follows:	116786

(a) Each nursing facility located in any of the following	116787
counties shall be placed in peer group one or two: Brown, Butler,	116788
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	116789
located in any of those counties that has fewer than one hundred	116790
beds shall be placed in peer group one. Each nursing facility	116791
located in any of those counties that has one hundred or more beds	116792
shall be placed in peer group two.	116793

(b) Each nursing facility located in any of the following	116794
counties shall be placed in peer group three or four: Ashtabula,	116795
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	116796
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	116797
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	116798
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	116799
Union, and Wood. Each nursing facility located in any of those	116800
counties that has fewer than one hundred beds shall be placed in	116801
peer group three. Each nursing facility located in any of those	116802
counties that has one hundred or more beds shall be placed in peer	116803
group four.	116804

(c) Each nursing facility located in any of the following	116805
counties shall be placed in peer group five or six: Adams, Allen,	116806
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	116807
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	116808
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	116809
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	116810
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	116811
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	116812
Washington, Wayne, Williams, and Wyandot. Each nursing facility	116813
located in any of those counties that has fewer than one hundred	116814
beds shall be placed in peer group five. Each nursing facility	116815
located in any of those counties that has one hundred or more beds	116816
shall be placed in peer group six.	116817

(2) Beginning with the first rebasing, the peer groups shall	116818
be composed as they are under division (C)(1) of this section	116819
except as follows:	116820

(a) Each nursing facility that has fewer than one hundred	116821
beds and is located in Mahoning or Stark county shall be placed in	116822
peer group three rather than peer group five.	116823

(b) Each nursing facility that has one hundred or more beds	116824
and is located in Mahoning or Stark county shall be placed in peer	116825
group four rather than peer group six.	116826

(D)(1) The department shall determine the rate for capital	116827
costs for each peer group established under division (C) of this	116828
section. The department is not required to conduct a rebasing more	116829
than once every ten years. Except as necessary to implement the	116830
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	116831
303, both of the 129th general assembly, the rate for capital	116832
costs determined under this division for a peer group shall be	116833
used for subsequent years until the department conducts a	116834
rebasing. To determine a peer group's rate for capital costs, the	116835
department shall do both of the following:	116836

(a) Determine the rate for capital costs for the nursing	116837
facility in the peer group that is at the twenty-fifth percentile	116838
of the rate for capital costs for the applicable calendar year;	116839

(b) Until the first rebasing occurs, increase the amount	116840
calculated under division (D)(1)(a) of this section by five and	116841
eight hundredths per cent.	116842

(2) To identify the nursing facility in a peer group that is	116843
at the twenty-fifth percentile of the rate for capital costs for	116844
the applicable calendar year, the department shall do both of the	116845
following:	116846

(a) Subject to division (D)(3) of this section, use the	116847
greater of each nursing facility's actual inpatient days for the	116848
applicable calendar year or the inpatient days the nursing	116849
facility would have had for the applicable calendar year if its	116850
occupancy rate had been one hundred per cent;	116851

(b) Exclude both of the following:

116852

(i) Nursing facilities that participated in the medicaid	116853
program under the same provider for less than twelve months in the	116854
applicable calendar year;	116855

(ii) Nursing facilities whose capital costs are more than one	116856
standard deviation from the mean desk-reviewed, actual, allowable,	116857
per diem capital cost for all nursing facilities in the nursing	116858
facility's peer group for the applicable calendar year.	116859

(3) For the purpose of determining a nursing facility's	116860
occupancy rate under division (D)(2)(a) of this section, the	116861
department shall include any beds that the nursing facility	116862
removes from its medicaid-certified capacity after June 30, 2005,	116863
unless the nursing facility also removes the beds from its	116864
licensed bed capacity.	116865

(4) The department shall not redetermine a peer group's rate	116866
for capital costs under this division based on additional	116867
information that it receives after the rate is determined. The	116868
department shall redetermine a peer group's rate for capital costs	116869
only if the department made an error in determining the rate based	116870
on information available to the department at the time of the	116871
original determination.	116872

(E) Buildings shall be depreciated using the straight line	116873
method over forty years or over a different period approved by the	116874
department. Components and equipment shall be depreciated using	116875
the straight-line method over a period designated in rules adopted	116876
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	116877
the guidelines of the American hospital association, or over a	116878
different period approved by the department. Any rules authorized	116879
by this division that specify useful lives of buildings,	116880
components, or equipment apply only to assets acquired on or after	116881
July 1, 1993. Depreciation for costs paid or reimbursed by any	116882
government agency shall not be included in capital costs unless	116883
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	116884
~~Revised Code~~this chapter is used to reimburse the government	116885
agency.	116886

(F) The capital cost basis of nursing facility assets shall	116887
be determined in the following manner:	116888

(1) Except as provided in division (F)(3) of this section,	116889
for purposes of calculating the rates to be paid for facilities	116890
with dates of licensure on or before June 30, 1993, the capital	116891
cost basis of each asset shall be equal to the desk-reviewed,	116892
actual, allowable, capital cost basis that is listed on the	116893
facility's cost report for the calendar year preceding the fiscal	116894
year during which the rate will be paid.	116895

(2) For facilities with dates of licensure after June 30,	116896
1993, the capital cost basis shall be determined in accordance	116897
with the principles of the medicare program ~~established under~~	116898
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	116899
~~5111.331 of the Revised Code~~this chapter.	116900

(3) Except as provided in division (F)(4) of this section, if	116901
a provider transfers an interest in a facility to another provider	116902
after June 30, 1993, there shall be no increase in the capital	116903
cost basis of the asset if the providers are related parties or	116904
the provider to which the interest is transferred authorizes the	116905
provider that transferred the interest to continue to operate the	116906
facility under a lease, management agreement, or other	116907
arrangement. If the previous sentence does not prohibit the	116908
adjustment of the capital cost basis under this division, the	116909
basis of the asset shall be adjusted by one-half of the change in	116910
the consumer price index for all items for all urban consumers, as	116911
published by the United States bureau of labor statistics, during	116912
the time that the transferor held the asset.	116913

(4) If a provider transfers an interest in a facility to	116914
another provider who is a related party, the capital cost basis of	116915
the asset shall be adjusted as specified in division (F)(3) of	116916
this section if all of the following conditions are met:	116917

(a) The related party is a relative of owner;

116918

(b) Except as provided in division (F)(4)(c)(ii) of this	116919
section, the provider making the transfer retains no ownership	116920
interest in the facility;	116921

(c) The department ~~of job and family services~~ determines that	116922
the transfer is an arm's length transaction pursuant to rules	116923
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	116924
rules shall provide that a transfer is an arm's length transaction	116925
if all of the following apply:	116926

(i) Once the transfer goes into effect, the provider that	116927
made the transfer has no direct or indirect interest in the	116928
provider that acquires the facility or the facility itself,	116929
including interest as an owner, officer, director, employee,	116930
independent contractor, or consultant, but excluding interest as a	116931
creditor.	116932

(ii) The provider that made the transfer does not reacquire	116933
an interest in the facility except through the exercise of a	116934
creditor's rights in the event of a default. If the provider	116935
reacquires an interest in the facility in this manner, the	116936
department shall treat the facility as if the transfer never	116937
occurred when the department calculates its reimbursement rates	116938
for capital costs.	116939

(iii) The transfer satisfies any other criteria specified in	116940
the rules.	116941

(d) Except in the case of hardship caused by a catastrophic	116942
event, as determined by the department, or in the case of a	116943
provider making the transfer who is at least sixty-five years of	116944
age, not less than twenty years have elapsed since, for the same	116945
facility, the capital cost basis was adjusted most recently under	116946
division (F)(4) of this section or actual, allowable ~~cost of~~	116947
~~ownership~~capital costs was determined most recently under	116948
division (G)(9) of this section.	116949

(G) As used in this division:

116950

"Imputed interest" means the lesser of the prime rate plus	116951
two per cent or ten per cent.	116952

"Lease expense" means lease payments in the case of an	116953
operating lease and depreciation expense and interest expense in	116954
the case of a capital lease.	116955

"New lease" means a lease, to a different lessee, of a	116956
nursing facility that previously was operated under a lease.	116957

(1) Subject to division (B) of this section, for a lease of a	116958
facility that was effective on May 27, 1992, the entire lease	116959
expense is an actual, allowable capital cost during the term of	116960
the existing lease. The entire lease expense also is an actual,	116961
allowable capital cost if a lease in existence on May 27, 1992, is	116962
renewed under either of the following circumstances:	116963

(a) The renewal is pursuant to a renewal option that was in	116964
existence on May 27, 1992;	116965

(b) The renewal is for the same lease payment amount and	116966
between the same parties as the lease in existence on May 27,	116967
1992.	116968

(2) Subject to division (B) of this section, for a lease of a	116969
facility that was in existence but not operated under a lease on	116970
May 27, 1992, actual, allowable capital costs shall include the	116971
lesser of the annual lease expense or the annual depreciation	116972
expense and imputed interest expense that would be calculated at	116973
the inception of the lease using the lessor's entire historical	116974
capital asset cost basis, adjusted by one-half of the change in	116975
the consumer price index for all items for all urban consumers, as	116976
published by the United States bureau of labor statistics, during	116977
the time the lessor held each asset until the beginning of the	116978
lease.	116979

(3) Subject to division (B) of this section, for a lease of a	116980
facility with a date of licensure on or after May 27, 1992, that	116981
is initially operated under a lease, actual, allowable capital	116982
costs shall include the annual lease expense if there was a	116983
substantial commitment of money for construction of the facility	116984
after December 22, 1992, and before July 1, 1993. If there was not	116985
a substantial commitment of money after December 22, 1992, and	116986
before July 1, 1993, actual, allowable capital costs shall include	116987
the lesser of the annual lease expense or the sum of the	116988
following:	116989

(a) The annual depreciation expense that would be calculated	116990
at the inception of the lease using the lessor's entire historical	116991
capital asset cost basis;	116992

(b) The greater of the lessor's actual annual amortization of	116993
financing costs and interest expense at the inception of the lease	116994
or the imputed interest expense calculated at the inception of the	116995
lease using seventy per cent of the lessor's historical capital	116996
asset cost basis.	116997

(4) Subject to division (B) of this section, for a lease of a	116998
facility with a date of licensure on or after May 27, 1992, that	116999
was not initially operated under a lease and has been in existence	117000
for ten years, actual, allowable capital costs shall include the	117001
lesser of the annual lease expense or the annual depreciation	117002
expense and imputed interest expense that would be calculated at	117003
the inception of the lease using the entire historical capital	117004
asset cost basis of one-half of the change in the consumer price	117005
index for all items for all urban consumers, as published by the	117006
United States bureau of labor statistics, during the time the	117007
lessor held each asset until the beginning of the lease.	117008

(5) Subject to division (B) of this section, for a new lease	117009
of a facility that was operated under a lease on May 27, 1992,	117010
actual, allowable capital costs shall include the lesser of the	117011
annual new lease expense or the annual old lease payment. If the	117012
old lease was in effect for ten years or longer, the old lease	117013
payment from the beginning of the old lease shall be adjusted by	117014
one-half of the change in the consumer price index for all items	117015
for all urban consumers, as published by the United States bureau	117016
of labor statistics, from the beginning of the old lease to the	117017
beginning of the new lease.	117018

(6) Subject to division (B) of this section, for a new lease	117019
of a facility that was not in existence or that was in existence	117020
but not operated under a lease on May 27, 1992, actual, allowable	117021
capital costs shall include the lesser of annual new lease expense	117022
or the annual amount calculated for the old lease under division	117023
(G)(2), (3), (4), or (6) of this section, as applicable. If the	117024
old lease was in effect for ten years or longer, the lessor's	117025
historical capital asset cost basis shall be, for purposes of	117026
calculating the annual amount under division (G)(2), (3), (4), or	117027
(6) of this section, adjusted by one-half of the change in the	117028
consumer price index for all items for all urban consumers, as	117029
published by the United States bureau of labor statistics, from	117030
the beginning of the old lease to the beginning of the new lease.	117031

In the case of a lease under division (G)(3) of this section	117032
of a facility for which a substantial commitment of money was made	117033
after December 22, 1992, and before July 1, 1993, the old lease	117034
payment shall be adjusted for the purpose of determining the	117035
annual amount.	117036

(7) For any revision of a lease described in division (G)(1),	117037
(2), (3), (4), (5), or (6) of this section, or for any subsequent	117038
lease of a facility operated under such a lease, other than	117039
execution of a new lease, the portion of actual, allowable capital	117040
costs attributable to the lease shall be the same as before the	117041
revision or subsequent lease.	117042

(8) Except as provided in division (G)(9) of this section, if	117043
a provider leases an interest in a facility to another provider	117044
who is a related party or previously operated the facility, the	117045
related party's or previous operator's actual, allowable capital	117046
costs shall include the lesser of the annual lease expense or the	117047
reasonable cost to the lessor.	117048

(9) If a provider leases an interest in a facility to another	117049
provider who is a related party, regardless of the date of the	117050
lease, the related party's actual, allowable capital costs shall	117051
include the annual lease expense, subject to the limitations	117052
specified in divisions (G)(1) to (7) of this section, if all of	117053
the following conditions are met:	117054

(a) The related party is a relative of owner;

117055

(b) If the lessor retains an ownership interest, it is,	117056
except as provided in division (G)(9)(c)(ii) of this section, in	117057
only the real property and any improvements on the real property;	117058

(c) The department ~~of job and family services~~ determines that	117059
the lease is an arm's length transaction pursuant to rules adopted	117060
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	117061
provide that a lease is an arm's length transaction if all of the	117062
following apply:	117063

(i) Once the lease goes into effect, the lessor has no direct	117064
or indirect interest in the lessee or, except as provided in	117065
division (G)(9)(b) of this section, the facility itself, including	117066
interest as an owner, officer, director, employee, independent	117067
contractor, or consultant, but excluding interest as a lessor.	117068

(ii) The lessor does not reacquire an interest in the	117069
facility except through the exercise of a lessor's rights in the	117070
event of a default. If the lessor reacquires an interest in the	117071
facility in this manner, the department shall treat the facility	117072
as if the lease never occurred when the department calculates its	117073
reimbursement rates for capital costs.	117074

(iii) The lease satisfies any other criteria specified in the	117075
rules.	117076

(d) Except in the case of hardship caused by a catastrophic	117077
event, as determined by the department, or in the case of a lessor	117078
who is at least sixty-five years of age, not less than twenty	117079
years have elapsed since, for the same facility, the capital cost	117080
basis was adjusted most recently under division (F)(4) of this	117081
section or actual, allowable capital costs were determined most	117082
recently under division (G)(9) of this section.	117083

(10) This division does not apply to leases of specific items	117084
of equipment.	117085

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

117086

(1) "Applicable calendar year" means the following:

117087

(a) For the purpose of the department of ~~job and family~~	117088
~~services'~~medicaid's initial determination under division (D) of	117089
this section of each peer group's cost per case-mix unit, calendar	117090
year 2003;	117091

(b) For the purpose of the department's rebasings, the	117092
calendar year the department selects.	117093

(2) "Rebasing" means a redetermination under division (D) of	117094
this section of each peer ~~groups'~~group's cost per case-mix unit	117095
using information from cost reports for an applicable calendar	117096
year that is later than the applicable calendar year used for the	117097
previous determination of such costs.	117098

(B) ~~The~~Semiannually, the department of ~~job and family~~	117099
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	117100
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	117101
~~per~~medicaid day payment rate for direct care costs ~~determined~~	117102
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	117103
~~under division (D) of this section for the facility's peer group~~	117104
by the facility's semiannual case-mix score determined under	117105
section ~~5111.232~~5165.192 of the Revised Code by the cost per	117106
case-mix unit determined under division (D) of this section for	117107
the facility's peer group. However, for the period beginning	117108
October 1, 2013, and ending on the first day of the first	117109
rebasing, the rate for a nursing facility located in Mahoning or	117110
Stark county shall be determined semiannually by multiplying the	117111
facility's semiannual case-mix score determined under section	117112
5165.192 of the Revised Code by the cost per case-mix unit	117113
determined under division (D) of this section for the nursing	117114
facilities in peer group two.	117115

(C) For the purpose of determining nursing facilities' ~~rate~~	117116
rates for direct care costs, the department shall establish three	117117
peer groups.	117118

~~Each~~(1) Until the first rebasing occurs, the peer groups	117119
shall be composed as follows:	117120

(a) Each nursing facility located in any of the following	117121
counties shall be placed in peer group one: Brown, Butler,	117122
Clermont, Clinton, Hamilton, and Warren.	117123

(b) Each nursing facility located in any of the following	117124
counties shall be placed in peer group two: Ashtabula, Champaign,	117125
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	117126
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	117127
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	117128
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	117129
and Wood.	117130

(c) Each nursing facility located in any of the following	117131
counties shall be placed in peer group three: Adams, Allen,	117132
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	117133
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	117134
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	117135
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	117136
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	117137
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	117138
Washington, Wayne, Williams, and Wyandot.	117139

(2) Beginning with the first rebasing, the peer groups shall	117140
be composed as they are under division (C)(1) of this section	117141
except that each nursing facility located in Mahoning or Stark	117142
county shall be placed in peer group two rather than peer group	117143
three.	117144

(D)(1) The department shall determine a cost per case-mix	117145
unit for each peer group established under division (C) of this	117146
section. The department is not required to conduct a rebasing more	117147
than once every ten years. Except as necessary to implement the	117148
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	117149
303, both of the 129th general assembly, and H.B... of the 130th	117150
general assembly, the cost per case-mix unit determined under this	117151
division for a peer group shall be used for subsequent years until	117152
the department conducts a rebasing. To determine a peer group's	117153
cost per case-mix unit, the department shall do all of the	117154
following:	117155

(a) Determine the cost per case-mix unit for each nursing	117156
facility in the peer group for the applicable calendar year by	117157
dividing each facility's desk-reviewed, actual, allowable, per	117158
diem direct care costs for the applicable calendar year by the	117159
facility's annual average case-mix score determined under section	117160
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	117161
year;	117162

(b) Subject to division (D)(2) of this section, identify	117163
which nursing facility in the peer group is at the twenty-fifth	117164
percentile of the cost per case-mix units determined under	117165
division (D)(1)(a) of this section;	117166

(c) Calculate the amount that is two per cent above the cost	117167
per case-mix unit determined under division (D)(1)(a) of this	117168
section for the nursing facility identified under division	117169
(D)(1)(b) of this section;	117170

(d) Using the index specified in division (D)(3) of this	117171
section, multiply the rate of inflation for the eighteen-month	117172
period beginning on the first day of July of the applicable	117173
calendar year and ending the last day of December of the calendar	117174
year immediately following the applicable calendar year by the	117175
amount calculated under division (D)(1)(c) of this section;	117176

(e) Until the first rebasing occurs, add ~~one dollar and~~	117177
~~eighty-eight~~eighty-six cents to the amount calculated under	117178
division (D)(1)(d) of this section;	117179

(f) Until the first rebasing occurs, increase the amount	117180
calculated under division (D)(1)(e) of this section by five and	117181
eight hundredths per cent.	117182

(2) In making the identification under division (D)(1)(b) of	117183
this section, the department shall exclude both of the following:	117184

(a) Nursing facilities that participated in the medicaid	117185
program under the same provider for less than twelve months in the	117186
applicable calendar year;	117187

(b) Nursing facilities whose cost per case-mix unit is more	117188
than one standard deviation from the mean cost per case-mix unit	117189
for all nursing facilities in the nursing facility's peer group	117190
for the applicable calendar year.	117191

(3) The following index shall be used for the purpose of the	117192
calculation made under division (D)(1)(d) of this section:	117193

(a) Until the first rebasing occurs, the employment cost	117194
index for total compensation, health services component, published	117195
by the United States bureau of labor statistics, as the index	117196
existed on July 1, 2005;	117197

(b) Effective with the first rebasing and except as provided	117198
in division (D)(3)(c) of this section, the employment cost index	117199
for total compensation, nursing and residential care facilities	117200
occupational group, published by the United States bureau of labor	117201
statistics;	117202

(c) If the United States bureau of labor statistics ceases to	117203
publish the index specified in division (D)(3)(b) of this section,	117204
the index the bureau subsequently publishes that covers nursing	117205
facilities' staff costs.	117206

(4) The department shall not redetermine a peer group's cost	117207
per case-mix unit under this division based on additional	117208
information that it receives after the peer group's per case-mix	117209
unit is determined. The department shall redetermine a peer	117210
group's cost per case-mix unit only if it made an error in	117211
determining the peer group's cost per case-mix unit based on	117212
information available to the department at the time of the	117213
original determination.	117214

Sec. 5165.191. Each calendar quarter, each nursing facility	117215
provider shall compile complete assessment data for each resident	117216
of each of the provider's nursing facilities, regardless of	117217
payment source, who is in the nursing facility, or on hospital or	117218
therapeutic leave from the nursing facility, on the last day of	117219
the quarter. A resident assessment instrument specified in rules	117220
authorized by this section shall be used to compile the resident	117221
assessment data. Each provider shall submit the resident	117222
assessment data to the department of health and, if required by	117223
the rules, the department of medicaid. The resident assessment	117224
data shall be submitted not later than fifteen days after the end	117225
of the calendar quarter for which the data is compiled. If the	117226
resident assessment data is to be submitted to the department of	117227
medicaid, it shall be submitted to the department through the	117228
medium or media specified in the rules.	117229

Rules adopted under section 5165.02 of the Revised Code shall	117230
do all of the following:	117231

(A) In a manner consistent with the "Social Security Act,"	117232
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	117233
assessment instrument to be used by nursing facility providers	117234
under this section;	117235

(B) Specify whether nursing facility providers must submit	117236
the resident assessment data to the department of medicaid;	117237

(C) If the rules specify that nursing facility providers must	117238
submit the resident assessment data to the department, specify the	117239
medium or media through which the data is to be submitted.	117240

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	117241
division (B) of this section and in accordance with the process	117242
specified in rules authorized by this section, the department of	117243
~~job and family services~~medicaid shall do all of the following:	117244

(a) Every quarter, determine the following two case-mix	117245
scores for each nursing facility:	117246

(i) A quarterly case-mix score that includes each resident	117247
who is a medicaid recipient and is not a low resource utilization	117248
resident;	117249

(ii) A quarterly case-mix score that includes each resident	117250
regardless of payment source.	117251

(b) Every six months, determine a semiannual ~~and annual~~	117252
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	117253
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	117254
determined for the nursing facility pursuant to division	117255
(A)(1)(a)(i) of this section;	117256

(c) After the end of each calendar year, determine an annual	117257
average case-mix score for each nursing facility by using the	117258
quarterly case-mix scores determined for the nursing facility	117259
pursuant to division (A)(1)(a)(ii) of this section.	117260

(2) When determining case-mix scores under division (A)(1) of	117261
this section, the department shall use all of the following:	117262

(a) Data from a resident assessment instrument specified in	117263
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	117264
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	117265
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	117266
~~amended, for the following residents:~~	117267

~~(i) When determining semiannual case-mix scores for fiscal~~	117268
~~year 2012, each resident who is a medicaid recipient~~;	117269

~~(ii) When determining semiannual case-mix scores for fiscal~~	117270
~~year 2013 and thereafter, each resident who is a medicaid~~	117271
~~recipient and not placed in either of the two lowest resource~~	117272
~~utilization groups, excluding any resource utilization group that~~	117273
~~is a default group used for residents with incomplete assessment~~	117274
~~data;~~	117275

~~(iii) When determining annual average case-mix scores, each~~	117276
~~resident regardless of payment source.~~	117277

(b) Except as provided in rules authorized by ~~divisions~~	117278
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	117279
by the United States department of health and human services;	117280

(c) Except as modified in rules authorized by ~~division~~	117281
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	117282
30, 1999, by the United States department of health and human	117283
services for prospective payment of skilled nursing facilities	117284
under the medicare program ~~established by Title XVIII~~.	117285

~~(2) The director of job and family services may adopt rules~~	117286
~~under section 5111.02 of the Revised Code that do any of the~~	117287
~~following:~~	117288

~~(a) Adjust the case-mix values specified in division~~	117289
~~(A)(1)(b) of this section to reflect changes in relative wage~~	117290
~~differentials that are specific to this state;~~	117291

~~(b) Express all of those case-mix values in numeric terms~~	117292
~~that are different from the terms specified by the United States~~	117293
~~department of health and human services but that do not alter the~~	117294
~~relationship of the case-mix values to one another;~~	117295

~~(c) Modify the grouper methodology specified in division~~	117296
~~(A)(1)(c) of this section as follows:~~	117297

~~(i) Establish a different hierarchy for assigning residents~~	117298
~~to case-mix categories under the methodology;~~	117299

~~(ii) Prohibit the use of the index maximizer element of the~~	117300
~~methodology;~~	117301

~~(iii) Incorporate changes to the methodology the United~~	117302
~~States department of health and human services makes after June~~	117303
~~30, 1999;~~	117304

~~(iv) Make other changes the department determines are~~	117305
~~necessary.~~	117306

(B) ~~The department shall determine case-mix scores for~~	117307
~~intermediate care facilities for the mentally retarded using data~~	117308
~~for each resident, regardless of payment source, from a resident~~	117309
~~assessment instrument and grouper methodology prescribed in rules~~	117310
~~adopted under section 5111.02 of the Revised Code and expressed in~~	117311
~~case-mix values established by the department in those rules.~~	117312

~~(C) Each calendar quarter, each provider shall compile~~	117313
~~complete assessment data, from the resident assessment instrument~~	117314
~~specified in rules authorized by division (A) or (B) of this~~	117315
~~section, for each resident of each of the provider's facilities,~~	117316
~~regardless of payment source, who was in the facility or on~~	117317
~~hospital or therapeutic leave from the facility on the last day of~~	117318
~~the quarter. Providers of a nursing facility shall submit the data~~	117319
~~to the department of health and, if required by rules, the~~	117320
~~department of job and family services.~~ ~~Providers of an~~	117321
~~intermediate care facility for the mentally retarded shall submit~~	117322
~~the data to the department of job and family services.~~ The data	117323
shall be submitted not later than fifteen days after the end of	117324
the calendar quarter for which the data is compiled.	117325

~~Except as provided in division (D) of this section, the~~	117326
~~department~~, every six months and after the end of each calendar	117327
year, shall calculate a semiannual and annual average case-mix	117328
score for each nursing facility using the facility's quarterly	117329
case-mix scores for that six-month period or calendar year. ~~Also~~	117330
~~except as provided in division (D) of this section, the~~	117331
~~department, after the end of each calendar year, shall calculate~~	117332
~~an annual average case-mix score for each intermediate care~~	117333
~~facility for the mentally retarded using the facility's quarterly~~	117334
~~case-mix scores for that calendar year.~~ The department shall make	117335
the calculations pursuant to procedures specified in rules adopted	117336
under section 5111.02 of the Revised Code.	117337

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	117338
department, for one or more months of a calendar quarter, may	117339
assign to a nursing facility a case-mix score that is five per	117340
cent less than the nursing facility's case-mix score for the	117341
immediately preceding calendar quarter if any of the following	117342
apply:	117343

(a) The provider does not timely submit ~~information~~complete	117344
and accurate resident assessment data necessary to determine the	117345
nursing facility's case-mix score for athe calendar quarter	117346
~~necessary to calculate a facility's case-mix score, or submits~~	117347
~~incomplete or inaccurate information for a calendar quarter, the~~	117348
~~department may assign the facility a quarterly average case-mix~~	117349
~~score that is five per cent less than the facility's quarterly~~	117350
~~average case-mix score for the preceding calendar quarter. If the~~;	117351

(b) The nursing facility was subject to an exception review	117352
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	117353
for the immediately preceding calendar quarter~~, the department may~~	117354
~~assign a quarterly average case-mix score that is five per cent~~	117355
~~less than the score determined by the exception review. If the~~;	117356

(c) The nursing facility was assigned a ~~quarterly average~~	117357
case-mix score for the immediately preceding calendar quarter~~, the~~	117358
~~department may assign a quarterly average case-mix score that is~~	117359
~~five per cent less than that score assigned for the preceding~~	117360
~~quarter~~.	117361

~~The department may use a quarterly average case-mix score~~	117362
~~assigned under division (D)(1) of this section, instead of a~~	117363
~~quarterly average case-mix score calculated based on the~~	117364
~~provider's submitted information, to calculate the facility's rate~~	117365
~~for direct care costs being established under section~~ ~~5111.23 or~~	117366
5111.231 of the Revised Code for one or more months, as specified	117367
in rules authorized by division (E) of this section, of the	117368
quarter for which the rate established under section ~~5111.23 or~~	117369
5111.231 of the Revised Code will be paid.	117370

(2) Before ~~taking action under division (D)(1) of this~~	117371
~~section~~assigning a case-mix score to a nursing facility due to	117372
the submission of incorrect resident assessment data, the	117373
department shall permit the provider ~~a reasonable period of time,~~	117374
~~specified in rules authorized by division (E) of this section,~~ to	117375
correct the ~~information~~data. ~~In the case of an intermediate care~~	117376
~~facility for the mentally retarded, the department shall not~~	117377
~~assign a quarterly average case-mix score due to late submission~~	117378
~~of corrections to assessment information unless the provider fails~~	117379
~~to submit corrected information prior to the eighty-first day~~	117380
~~after the end of the calendar quarter to which the information~~	117381
~~pertains. In the case of a nursing facility, the~~The department	117382
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	117383
~~late submission of corrections to assessment information unless~~if	117384
the provider fails to submit the corrected ~~information prior to~~	117385
resident assessment data not later than the earlier of the	117386
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	117387
to which the ~~information~~data pertains or the deadline for	117388
submission of such corrections established by regulations adopted	117389
by the United States department of health and human services under	117390
~~Titles~~Title XVIII and Title XIX.	117391

~~(2)~~(3) If, for more than six months in a calendar year, a	117392
provider is paid a rate determined for a nursing facility	117393
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	117394
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	117395
~~more than six months in a calendar year~~, the department may assign	117396
the nursing facility a cost per case-mix unit that is five per	117397
cent less than the nursing facility's actual or assigned cost per	117398
case-mix unit for the immediately preceding calendar year. The	117399
department may use the assigned cost per case-mix unit, instead of	117400
~~calculating~~determining the nursing facility's actual cost per	117401
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	117402
5165.19 of the Revised Code, to establish the nursing facility's	117403
rate for direct care costs for the ~~following~~ fiscal year	117404
immediately following the calendar year for which the cost per	117405
case-mix unit is assigned.	117406

~~(3)~~(4) The department shall take action under division	117407
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	117408
rules authorized by ~~division (E) of~~ this section. The department	117409
shall not take an action that affects rates for prior payment	117410
periods except in accordance with sections ~~5111.27~~5165.41 and	117411
~~5111.28~~5165.42 of the Revised Code.	117412

~~(E)~~(C) The medicaid director shall adopt rules under section	117413
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	117414
this section.	117415

(1) The rules shall do all of the following:

117416

~~(1) Specify whether providers of a nursing facility must~~	117417
~~submit the assessment data to the department of job and family~~	117418
~~services;~~	117419

~~(2) Specify the medium or media through which the completed~~	117420
~~assessment data shall be submitted;~~	117421

~~(3)~~(a) Specify the process for determining the semiannual and	117422
annual average case-mix scores for nursing facilities;	117423

(b) Adjust the case-mix values specified in division	117424
(A)(2)(b) of this section to reflect changes in relative wage	117425
differentials that are specific to this state;	117426

(c) Express all of those case-mix values in numeric terms	117427
that are different from the terms specified by the United States	117428
department of health and human services but that do not alter the	117429
relationship of the case-mix values to one another;	117430

(d) Modify the grouper methodology specified in division	117431
(A)(2)(c) of this section as follows:	117432

(i) Establish a different hierarchy for assigning residents	117433
to case-mix categories under the methodology;	117434

(ii) Prohibit the use of the index maximizer element of the	117435
methodology;	117436

(iii) Incorporate changes to the methodology the United	117437
States department of health and human services makes after June	117438
30, 1999;	117439

(iv) Make other changes the department determines are	117440
necessary.	117441

(e) Establish procedures under which ~~the~~resident assessment	117442
data shall be reviewed for accuracy and providers shall be	117443
notified of any data that requires correction;	117444

~~(4)~~(f) Establish procedures for providers to correct resident	117445
assessment data and specify a reasonable period of time by which	117446
providers shall submit the corrections. The procedures may limit	117447
the content of corrections ~~by providers of nursing facilities~~ in	117448
the manner required by regulations adopted by the United States	117449
department of health and human services under ~~Titles~~Title XVIII	117450
and Title XIX.	117451

~~(5)~~(g) Specify when and how the department will assign	117452
case-mix scores or costs per case-mix unit to a nursing facility	117453
under division ~~(D)~~(B) of this section if information necessary to	117454
calculate the nursing facility's case-mix score is not provided or	117455
corrected in accordance with the procedures established by the	117456
rules. ~~Notwithstanding~~	117457

(2) Notwithstanding any other provision of ~~sections 5111.20~~	117458
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	117459
provide for the ~~following:~~	117460

~~(a) Exclusion of case-mix scores assigned under division (D)~~	117461
~~of this section from calculation of an intermediate care facility~~	117462
~~for the mentally retarded's annual average case-mix score and the~~	117463
~~maximum cost per case-mix unit for the facility's peer group;~~	117464

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	117465
nursing facility under division ~~(D)~~(B) of this section from	117466
~~calculation~~the determination of athe nursing facility's	117467
semiannual or annual average case-mix score and the cost per	117468
case-mix unit for the nursing facility's peer group.	117469

Sec. 5165.193. (A) The department of medicaid may, pursuant	117470
to rules authorized by this section, conduct an exception review	117471
of resident assessment data submitted by a nursing facility	117472
provider under section 5165.191 of the Revised Code. The	117473
department may conduct an exception review based on the findings	117474
of a medicaid certification survey conducted by the department of	117475
health, a risk analysis, or prior performance of the provider.	117476

Exception reviews shall be conducted at the nursing facility	117477
by appropriate health professionals under contract with or	117478
employed by the department. The professionals may review resident	117479
assessment forms and supporting documentation, conduct interviews,	117480
and observe residents to identify any patterns or trends of	117481
inaccurate resident assessments and resulting inaccurate case-mix	117482
scores.	117483

(B) If an exception review is conducted before the effective	117484
date of a nursing facility's rate for direct care costs that is	117485
based on the resident assessment data being reviewed and the	117486
review results in findings that exceed tolerance levels specified	117487
in the rules authorized by this section, the department, in	117488
accordance with those rules, may use the findings to redetermine	117489
individual resident case-mix scores, the nursing facility's	117490
case-mix score for the quarter, and the nursing facility's annual	117491
average case-mix score. The department may use the nursing	117492
facility's redetermined quarterly and annual average case-mix	117493
scores to determine the nursing facility's rate for direct care	117494
costs for the appropriate calendar quarter or quarters.	117495

(C) The department shall prepare a written summary of any	117496
exception review finding that is made after the effective date of	117497
a nursing facility's rate for direct care costs that is based on	117498
the resident assessment data that was reviewed. Where the provider	117499
is pursuing judicial or administrative remedies in good faith	117500
regarding the finding, the department shall not withhold from the	117501
provider's current payments any amounts the department claims to	117502
be due from the provider pursuant to section 5165.41 of the	117503
Revised Code.	117504

(D)(1) The medicaid director shall adopt rules under section	117505
5165.02 of the Revised Code as necessary to implement this	117506
section. The rules shall establish an exception review program	117507
that does all of the following:	117508

(a) Requires each exception review to comply with Title XVIII	117509
and Title XIX;	117510

(b) Requires a written summary for each exception review that	117511
states whether resident assessment forms have been completed	117512
accurately;	117513

(c) Prohibits each health professional who conducts an	117514
exception review from doing either of the following:	117515

(i) During the period of the professional's contract or	117516
employment with the department, having or being committed to	117517
acquire any direct or indirect financial interest in the	117518
ownership, financing, or operation of nursing facilities in this	117519
state;	117520

(ii) Reviewing any provider that has been a client of the	117521
professional.	117522

(2) For the purposes of division (D)(1)(c)(i) of this	117523
section, employment of a member of a health professional's family	117524
by a nursing facility that the professional does not review does	117525
not constitute a direct or indirect financial interest in the	117526
ownership, financing, or operation of the nursing facility.	117527

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

117528

(1) "Applicable calendar year" means the following:

117529

(a) For the purpose of the department of ~~job and family~~	117530
~~services'~~medicaid's initial determination under this section of	117531
nursing facilities' rate for tax costs, calendar year 2003;	117532

(b) For the purpose of the department's rebasings, the	117533
calendar year the department selects.	117534

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	117535
of this section of each nursing facility's rate for tax costs	117536
using information from cost reports for an applicable calendar	117537
year that is later than the applicable calendar year used for the	117538
previous determination of such rates.	117539

(B) ~~The department of job and family services shall pay a~~	117540
~~provider for each of the provider's eligible nursing facilities a~~	117541
~~per resident per day rate for tax costs determined under division~~	117542
~~(C) of this section.~~	117543

~~(C)~~ The department of medicaid shall determine ~~the~~each	117544
nursing facility's per medicaid day payment rate for tax costs ~~for~~	117545
~~each nursing facility~~. The department is not required to conduct a	117546
rebasing more than once every ten years. Except as necessary to	117547
implement the amendments made to this section by Sub. H.B. 303 of	117548
the 129th general assembly, the rate for tax costs determined	117549
under this division for a nursing facility shall be used for	117550
subsequent years until the department conducts a rebasing. To	117551
determine a nursing facility's rate for tax costs and except as	117552
provided in division ~~(D)~~(C) of this section, the department shall	117553
do both of the following:	117554

(1) Divide the nursing facility's desk-reviewed, actual,	117555
allowable tax costs paid for the applicable calendar year by the	117556
number of inpatient days the nursing facility would have had if	117557
its occupancy rate had been one hundred per cent during the	117558
applicable calendar year;	117559

(2) Until the first rebasing occurs, increase the amount	117560
calculated under division ~~(C)~~(B)(1) of this section by five and	117561
eight hundredths per cent.	117562

~~(D)~~(C) If a nursing facility had a credit regarding its real	117563
estate taxes reflected on its cost report for calendar year 2003,	117564
the department shall determine, as follows, its rate for tax costs	117565
for the period beginning on July 1, 2010, and ending on the first	117566
day of the fiscal year for which the department first conducts a	117567
rebasing:	117568

(1) Divide the nursing facility's desk-reviewed, actual,	117569
allowable tax costs paid for calendar year 2004 by the number of	117570
inpatient days the nursing facility would have had if its	117571
occupancy rate had been one hundred per cent during calendar year	117572
2004;	117573

(2) Until the first rebasing occurs, increase the amount	117574
calculated under division ~~(D)~~(C)(1) of this section by five and	117575
eight hundredths per cent.	117576

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	117577
of ~~job and family services~~medicaid shall ~~pay a~~determine the	117578
critical access incentive payment ~~to the provider of~~for each	117579
nursing facility that qualifies as a critical access nursing	117580
facility. To qualify as a critical access nursing facility for a	117581
fiscal year, a nursing facility must meet all of the following	117582
requirements:	117583

(1) The nursing facility must be located in an area that, on	117584
December 31, 2011, was designated an empowerment zone under	117585
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	117586
section 1391, 26 U.S.C. 1391~~, as amended~~.	117587

(2) The nursing facility must have an occupancy rate of at	117588
least eighty-five per cent as of the last day of the calendar year	117589
immediately preceding the fiscal year.	117590

(3) The nursing facility must have a medicaid utilization	117591
rate of at least sixty-five per cent as of the last day of the	117592
calendar year immediately preceding the fiscal year.	117593

(4) The nursing facility must have been awarded at least five	117594
points for meeting accountability measures under section 5165.25	117595
of the Revised Code for the fiscal year and at least one of the	117596
five points must have been awarded for meeting the following:	117597

(a) For fiscal year 2014, the accountability measures	117598
identified in divisions (C)(10), (11), (12), and (13) of section	117599
5165.25 of the Revised Code;	117600

(b) For fiscal year 2015 and each fiscal year thereafter, the	117601
accountability measures identified in divisions (D)(9), (10),	117602
(11), (12), and (14) of section 5165.25 of the Revised Code.	117603

(B) A critical access nursing facility's critical access	117604
incentive payment for a fiscal year shall equal five per cent of	117605
the portion of the nursing facility's total rate for the fiscal	117606
year that is the sum of the rates and payment identified in	117607
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	117608
the Revised Code.	117609

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

117610

(1) ~~"Applicable percentage" means, for the accountability~~	117611
~~measures identified in divisions (C)(10) to (13) of this section,~~	117612
~~the following:~~	117613

~~(a) For fiscal year 2013, whichever of the following applies:~~

117614

~~(i) The percentage that the department of job and family~~	117615
~~services specifies for an accountability measure pursuant to~~	117616
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	117617

~~(ii) The percentage specified for an accountability measure~~	117618
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	117619

~~(b) For fiscal year 2014, whichever of the following applies:~~

117620

~~(i) The percentage used pursuant to division (F)(2) of this~~	117621
~~section;~~	117622

~~(ii) The percentage that the department specifies for an~~	117623
~~accountability measure pursuant to division (F)(3)(a) of this~~	117624
~~section.~~	117625

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	117626
~~following applies:~~	117627

~~(i) The percentage used pursuant to division (F)(2) of this~~	117628
~~section;~~	117629

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	117630
~~this section.~~	117631

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	117632
488.30.	117633

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	117634
of long-term care facilities required by section 173.47 of the	117635
Revised Code.	117636

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	117637
488.301.	117638

(4) "Exempted hospital discharge" has the same meaning as in	117639
42 C.F.R. 483.106(b)(2)(i).	117640

(5) "Family satisfaction survey" means a customer	117641
satisfaction survey, or part of a customer satisfaction survey,	117642
that contains the results of information obtained from the	117643
families of a nursing facility's residents.	117644

(6) "Minimum data set" means the standardized, uniform	117645
comprehensive assessment of nursing facility residents that is	117646
used to identify potential problems, strengths, and preferences of	117647
residents and is part of the resident assessment instrument	117648
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	117649
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	117650
~~as amended~~.	117651

(7) ~~"National voluntary consensus standards for nursing~~	117652
~~homes" means measures used to determine the quality of care~~	117653
~~provided by nursing facilities as endorsed by the national quality~~	117654
~~forum.~~	117655

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	117656
of the Revised Code.	117657

~~(9)~~(8) "Resident satisfaction survey" means a customer	117658
satisfaction survey, or part of a customer satisfaction survey,	117659
that contains the results of information obtained from a nursing	117660
facility's residents.	117661

~~(10)~~(9) "Room mirror" means a mirror that is located in	117662
either of the following rooms:	117663

(a) A resident bathroom if the sink used by a resident after	117664
the resident uses the resident bathroom is in the resident	117665
bathroom;	117666

(b) A resident's room if the sink used by a resident after	117667
the resident uses the resident bathroom is in the resident's room.	117668

~~(11)~~(10) "Room sink" means a sink that is located in either	117669
of the following rooms:	117670

(a) A resident bathroom if the sink used by a resident after	117671
the resident uses the resident bathroom is in the resident	117672
bathroom;	117673

(b) A resident's room if the sink used by a resident after	117674
the resident uses the resident bathroom is in the resident's room.	117675

~~(12)~~(11) "Standard survey" has the same meaning as in 42	117676
C.F.R. 488.301.	117677

(12) "Special focus facility list" means the list of nursing	117678
facilities that the United States department of health and human	117679
services creates under the special focus facility program required	117680
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	117681
1396r(f)(10).	117682

(13) "Substantial wall" means a permanent structure that	117683
reaches from floor to ceiling and divides a semiprivate room into	117684
two distinct living spaces, each with its own window.	117685

(14) "Table B of the special focus facility list" means the	117686
table included in the special focus facility list that identifies	117687
nursing facilities that have not improved.	117688

(B)(1) Each fiscal year, the department of ~~job and family~~	117689
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	117690
quality incentive payment ~~to the provider of each nursing facility~~	117691
~~that is awarded one or more points for meeting accountability~~	117692
~~measures under division (C) of this section~~. Subject to ~~division~~	117693
divisions (B)(2) and (3) of this section, the per medicaid day	117694
amount of a quality incentive payment paid to a nursing facility	117695
provider shall be the product of the following:	117696

(a) The number of points the provider's nursing facility is	117697
awarded for meeting accountability measures under ~~division (C) of~~	117698
this section;	117699

(b) Three dollars and twenty-nine cents.

117700

(2) The maximum quality incentive payment that may be paid to	117701
~~the provider of~~ a nursing facility provider for a fiscal year 2014	117702
shall be sixteen dollars and forty-four cents per medicaid day.	117703

(3) The maximum quality incentive payment that may be paid to	117704
a nursing facility provider for fiscal year 2015 and each fiscal	117705
year thereafter shall be the following:	117706

(a) Sixteen dollars and forty-four cents if at least one of	117707
the points awarded to the nursing facility for meeting	117708
accountability measures is for an accountability measure	117709
identified in division (D)(9), (10), (11), (12), or (14) of this	117710
section;	117711

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	117712
of this section does not apply.	117713

(C) ~~Subject~~For fiscal year 2014 only and subject to	117714
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	117715
department shall award each nursing facility participating in the	117716
medicaid program one point for each of the following	117717
accountability measures the facility meets:	117718

(1) The facility's overall score on its resident satisfaction	117719
survey is at least eighty-six.	117720

(2) The facility's overall score on its family satisfaction	117721
survey is at least eighty-eight.	117722

(3) The facility satisfies the requirements for participation	117723
in the advancing excellence in America's nursing homes campaign.	117724

(4) The facility had neither of the following on the	117725
facility's most recent standard survey conducted not later than	117726
the last day of the calendar year immediately preceding the fiscal	117727
year for which the point is to be awarded or any complaint surveys	117728
conducted in the calendar year immediately preceding the fiscal	117729
year for which the point is to be awarded:	117730

(a) A health deficiency with a scope and severity level	117731
greater than F;	117732

(b) A deficiency that constitutes a substandard quality of	117733
care.	117734

(5) The facility offers at least fifty per cent of its	117735
residents at least one of the following dining choices for at	117736
least one meal each day:	117737

(a) Restaurant-style dining in which food is brought from the	117738
food preparation area to residents per the residents' orders;	117739

(b) Buffet-style dining in which residents obtain their own	117740
food, or have the facility's staff bring food to them per the	117741
residents' directions, from the buffet;	117742

(c) Family-style dining in which food is customarily served	117743
on a serving dish and shared by residents;	117744

(d) Open dining in which residents have at least a two-hour	117745
period to choose when to have a meal;	117746

(e) Twenty-four-hour dining in which residents may order	117747
meals from the facility any time of the day.	117748

(6) At least fifty per cent of the facility's residents are	117749
able to take a bath or shower as often as they choose.	117750

(7) The facility has at least both of the following scores on	117751
its resident satisfaction survey:	117752

(a) With regard to the question in the survey regarding	117753
residents' ability to choose when to go to bed in the evening, at	117754
least eighty-nine;	117755

(b) With regard to the question in the survey regarding	117756
residents' ability to choose when to get out of bed in the	117757
morning, at least seventy-six.	117758

(8) The facility has at least both of the following scores on	117759
its family satisfaction survey:	117760

(a) With regard to the question in the survey regarding	117761
residents' ability to choose when to go to bed in the evening, at	117762
least eighty-eight;	117763

(b) With regard to the question in the survey regarding	117764
residents' ability to choose when to get out of bed in the	117765
morning, at least seventy-five.	117766

(9) All of the following apply to the facility:

117767

(a) At least seventy-five per cent of the facility's	117768
residents have the opportunity, following admission to the	117769
facility and before completing or quarterly updating their	117770
individual plans of care, to discuss their goals for the care they	117771
are to receive at the facility, including their preferences for	117772
advance care planning, with a member of the residents' ~~healthcare~~	117773
health care teams that the facility, residents, and residents'	117774
sponsors consider appropriate.	117775

(b) The facility records the residents' care goals, including	117776
the residents' advance care planning preferences, in their medical	117777
records.	117778

(c) The facility uses the residents' care goals, including	117779
the residents' advance care planning preferences, in the	117780
development of the residents' individual plans of care.	117781

(10) Not more than ~~the applicable percentage~~thirteen and	117782
thirty-five hundredths per cent of the facility's long-stay	117783
residents report severe to moderate pain during the minimum data	117784
set assessment process.	117785

(11) Not more than ~~the applicable percentage~~five and	117786
seventy-three hundredths per cent of the facility's long-stay,	117787
high-risk residents have been assessed as having one or more stage	117788
two, three, or four pressure ulcers during the minimum data set	117789
assessment process.	117790

(12) Not more than ~~the applicable percentage~~one and	117791
fifty-two hundredths per cent of the facility's long-stay	117792
residents were physically restrained as reported during the	117793
minimum data set assessment process.	117794

(13) Less than ~~the applicable percentage~~seven and	117795
seventy-eight hundredths per cent of the facility's long-stay	117796
residents had a urinary tract infection as reported during the	117797
minimum data set assessment process.	117798

(14) The facility uses a tool for tracking residents'	117799
admissions to hospitals.	117800

(15) An average of at least fifty per cent of the facility's	117801
medicaid-certified beds are in private rooms.	117802

(16) The facility has accessible resident bathrooms, all of	117803
which meet at least two of the following standards and at least	117804
some of which meet all of the following standards:	117805

(a) There are room mirrors that are accessible to residents	117806
in wheelchairs, can be adjusted so as to be visible to residents	117807
who are seated or standing, or both.	117808

(b) There are room sinks that are accessible to residents in	117809
wheelchairs and have clearance for wheelchairs.	117810

(c) There are room sinks that have faucets with adaptive or	117811
easy-to-use lever or paddle handles.	117812

(17) The facility does both of the following:

117813

(a) Maintains a written policy that prohibits the use of	117814
overhead paging systems or limits the use of overhead paging	117815
systems to emergencies, as defined in the policy;	117816

(b) Communicates the policy to its staff, residents, and	117817
families of residents.	117818

(18) The facility has a score of at least ninety on its	117819
resident satisfaction survey with regard to the question in the	117820
survey regarding residents' ability to personalize their rooms	117821
with personal belongings.	117822

(19) The facility has a score of at least ninety-five on its	117823
family satisfaction survey with regard to the question in the	117824
survey regarding residents' ability to personalize their rooms	117825
with personal belongings.	117826

(20) The facility does both of the following:

117827

(a) Maintains a written policy that requires consistent	117828
assignment of nurse aides and specifies the goal of having a	117829
resident receive nurse aide care from not more than eight	117830
different nurse aides during a thirty-day period;	117831

(b) Communicates the policy to its staff, residents, and	117832
families of residents.	117833

(21) The facility's staff retention rate is at least	117834
seventy-five per cent.	117835

(22) The facility's turnover rate for nurse aides is not	117836
higher than sixty-five per cent.	117837

(23) For at least fifty per cent of the resident care	117838
conferences in the facility, a nurse aide who is a primary	117839
caregiver for the resident attends and participates in the	117840
conference.	117841

(D) For fiscal year 2015 and each fiscal year thereafter and	117842
subject to division (E) of this section, the department shall	117843
award each nursing facility participating in the medicaid program	117844
one point for each of the following accountability measures the	117845
facility meets:	117846

(1) The facility's overall score on its resident satisfaction	117847
survey is at least eighty-seven and five-tenths.	117848

(2) The facility's overall score on its family satisfaction	117849
survey is at least eighty-five and nine-tenths.	117850

(3) The facility satisfies the requirements for participation	117851
in the advancing excellence in America's nursing homes campaign.	117852

(4) Both of the following apply to the facility:

117853

(a) The facility had not been listed on table B of the	117854
special focus facility list for eighteen or more consecutive	117855
months during any time during the calendar year immediately	117856
preceding the fiscal year for which the point is to be awarded.	117857

(b) The facility had neither of the following on the	117858
facility's most recent standard survey conducted not later than	117859
the last day of the calendar year immediately preceding the fiscal	117860
year for which the point is to be awarded or any complaint surveys	117861
conducted in the calendar year immediately preceding the fiscal	117862
year for which the point is to be awarded:	117863

(i) A health deficiency with a scope and severity level	117864
greater than F;	117865

(ii) A deficiency that constitutes a substandard quality of	117866
care.	117867

(5) The facility does all of the following:

117868

(a) Offers at least fifty per cent of its residents at least	117869
one of the following dining choices for at least two meals each	117870
day:	117871

(i) Restaurant-style dining in which food is brought from the	117872
food preparation area to residents per the residents' orders;	117873

(ii) Buffet-style dining in which residents obtain their own	117874
food, or have the facility's staff bring food to them per the	117875
residents' directions, from the buffet;	117876

(iii) Family-style dining in which food is customarily served	117877
on a serving dish and shared by residents;	117878

(iv) Open dining in which residents have at least a two-hour	117879
period to choose when to have a meal;	117880

(v) Twenty-four-hour dining in which residents may order	117881
meals from the facility any time of the day.	117882

(b) Maintains a written policy specifying the manner or	117883
manners in which residents' dining choices for meals are offered;	117884

(c) Communicates the policy to its staff, residents, and	117885
families of residents.	117886

(6) The facility does all of the following:

117887

(a) Enables at least fifty per cent of the facility's	117888
residents to take a bath or shower when they choose;	117889

(b) Maintains a written policy regarding residents' choices	117890
in bathing;	117891

(c) Communicates the policy to its staff, residents, and	117892
families of residents.	117893

(7) The facility has at least both of the following scores on	117894
its resident satisfaction survey:	117895

(a) With regard to the question in the survey regarding	117896
residents' ability to choose when to go to bed in the evening, at	117897
least eighty-nine;	117898

(b) With regard to the question in the survey regarding	117899
residents' ability to choose when to get out of bed in the	117900
morning, at least seventy-six.	117901

(8) The facility has at least both of the following scores on	117902
its family satisfaction survey:	117903

(a) With regard to the question in the survey regarding	117904
residents' ability to choose when to go to bed in the evening, at	117905
least eighty-eight;	117906

(b) With regard to the question in the survey regarding	117907
residents' ability to choose when to get out of bed in the	117908
morning, at least seventy-five.	117909

(9) Not more than thirteen and thirty-five hundredths per	117910
cent of the facility's long-stay residents report severe to	117911
moderate pain during the minimum data set assessment process.	117912

(10) Not more than five and sixteen hundredths per cent of	117913
the facility's long-stay, high-risk residents have been assessed	117914
as having one or more stage two, three, or four pressure ulcers	117915
during the minimum data set assessment process.	117916

(11) Not more than one and fifty-two hundredths per cent of	117917
the facility's long-stay residents were physically restrained as	117918
reported during the minimum data set assessment process.	117919

(12) Less than seven per cent of the facility's long-stay	117920
residents had a urinary tract infection as reported during the	117921
minimum data set assessment process.	117922

(13) The facility does both of the following:

117923

(a) Uses a tool for tracking residents' admissions to	117924
hospitals;	117925

(b) Annually reports to the department data on hospital	117926
admissions by month for all residents.	117927

(14) Both of the following apply:

117928

(a) At least ninety-five per cent of the facility's long-stay	117929
residents are vaccinated against pneumococcal pneumonia, decline	117930
the vaccination, or are not vaccinated because the vaccination is	117931
medically contraindicated.	117932

(b) At least ninety-three per cent of the facility's	117933
long-stay residents are vaccinated against seasonal influenza,	117934
decline the vaccination, or are not vaccinated because the	117935
vaccination is medically contraindicated.	117936

(15) An average of at least fifty per cent of the facility's	117937
medicaid-certified beds are in either, or in a combination of	117938
both, of the following:	117939

(a) Private rooms;

117940

(b) Semiprivate rooms to which all of the following apply:

117941

(i) Each room provides a distinct territory for each resident	117942
occupying the room.	117943

(ii) Each distinct territory has a window and is separated by	117944
a substantial wall from the other distinct territories in the	117945
room.	117946

(iii) Each resident is able to enter and exit the distinct	117947
territory of the resident's room without entering or exiting	117948
another resident's distinct territory.	117949

(iv) Complete visual privacy for each distinct territory may	117950
be obtained by drawing a curtain or other screen.	117951

(16) The facility obtains at least a ninety-five per cent	117952
compliance rate with requesting resident reviews required by 42	117953
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	117954
discharges.	117955

(17) The facility does both of the following:

117956

(a) Maintains a written policy that requires consistent	117957
assignment of nurse aides and specifies the goal of having a	117958
resident receive nurse aide care from not more than twelve	117959
different nurse aides during a thirty-day period;	117960

(b) Communicates the policy to its staff, residents, and	117961
families of residents.	117962

(18) The facility's staff retention rate is at least	117963
seventy-five per cent.	117964

(19) The facility's turnover rate for nurse aides is not	117965
higher than sixty-five per cent.	117966

(20) For at least fifty per cent of the resident care	117967
conferences in the facility, a nurse aide who is a primary	117968
caregiver for the resident attends and participates in the	117969
conference.	117970

(21) All of the following apply to the facility:

117971

(a) At least seventy-five per cent of the facility's	117972
residents have the opportunity, following admission to the	117973
facility and before completing or quarterly updating their	117974
individual plans of care, to discuss their goals for the care they	117975
are to receive at the facility, including their preferences for	117976
advance care planning, with a member of the residents' health care	117977
teams that the facility, residents, and residents' sponsors	117978
consider appropriate.	117979

(b) The facility records the residents' care goals, including	117980
the residents' advance care planning preferences, in their medical	117981
records.	117982

(c) The facility uses the residents' care goals, including	117983
the residents' advance care planning preferences, in the	117984
development of the residents' individual plans of care.	117985

(22) The facility does both of the following:

117986

(a) Maintains a written policy that prohibits the use of	117987
overhead paging systems or limits the use of overhead paging	117988
systems to emergencies, as defined in the policy;	117989

(b) Communicates the policy to its staff, residents, and	117990
families of residents.	117991

(E)(1) To be awarded a point for meeting an accountability	117992
measure under division (C) or (D) of this section other than the	117993
accountability measure identified in ~~division~~divisions (C)(4) and	117994
(D)(4)(b) of this section, a nursing facility must meet the	117995
accountability measure in the calendar year immediately preceding	117996
the fiscal year for which the point is to be awarded. ~~However, a~~	117997
~~nursing facility must meet the accountability measures specified~~	117998
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	117999
~~(23) of this section in the period beginning January 1, 2012, and~~	118000
~~ending March 31, 2012, to be awarded points for those~~	118001
~~accountability measures for fiscal year 2013.~~	118002

(2) The department shall award points pursuant to ~~division~~	118003
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	118004
section to a nursing facility only if a resident satisfaction	118005
survey was initiated under section 173.47 of the Revised Code for	118006
the nursing facility in the calendar year immediately preceding	118007
the fiscal year for which the points are to be awarded.	118008

(3) The department shall award points pursuant to ~~division~~	118009
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	118010
section to a nursing facility only if a family satisfaction survey	118011
was initiated under section 173.47 of the Revised Code for the	118012
nursing facility in the calendar year immediately preceding the	118013
fiscal year for which the points are to be awarded.	118014

(4) The department shall award points pursuant to divisions	118015
(D)(21) and (22) of this section only for fiscal year 2015.	118016

(5) Not later than July 1, 2013, the department shall adjust	118017
the score used for the purpose of division (C)(8)(b) of this	118018
section in a manner that causes at least fifty per cent of nursing	118019
facilities to meet division (C)(8)(b) of this section.	118020

~~(E) For the purposes of awarding points under divisions~~	118021
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	118022
~~following apply:~~	118023

~~(1) If, by July 1, 2012, the United States centers for~~	118024
~~medicare and medicaid services makes calculations using the 3.0~~	118025
~~version of the minimum data set that indicate whether nursing~~	118026
~~facilities meet those accountability measures, the department~~	118027
~~shall do both of the following:~~	118028

~~(a) Rely on those calculations;~~

118029

~~(b) Specify the percentages to be used for the purposes of~~	118030
~~those accountability measures and, in specifying the percentages,~~	118031
~~provide for at least fifty per cent of nursing facilities to earn~~	118032
~~points for meeting those accountability measures.~~	118033

~~(2) If, by July 1, 2012, the United States centers for~~	118034
~~medicare and medicaid services does not make calculations using~~	118035
~~the 3.0 version of the minimum data set that indicate whether~~	118036
~~nursing facilities meet those accountability measures, the~~	118037
~~department shall do either of the following:~~	118038

~~(a) Do both of the following:~~

118039

~~(i) Make the calculations using the 3.0 version of the~~	118040
~~minimum data set in accordance with the national voluntary~~	118041
~~consensus standards for nursing homes;~~	118042

~~(ii) Specify the percentages to be used for the purposes of~~	118043
~~those accountability measures and, in specifying the percentages,~~	118044
~~provide for at least fifty per cent of nursing facilities to earn~~	118045
~~points for meeting those accountability measures.~~	118046

~~(b) Do all of the following:~~

118047

~~(i) Rely on the most recent calculations the United States~~	118048
~~centers for medicare and medicaid services made using the 2.0~~	118049
~~version of the minimum data set that indicate whether nursing~~	118050
~~facilities meet those accountability measures;~~	118051

~~(ii) Use four per cent as the applicable percentage for the~~	118052
~~accountability measure identified in division (C)(10) of this~~	118053
~~section;~~	118054

~~(iii) Use nine per cent as the applicable percentage for the~~	118055
~~accountability measure identified in division (C)(11) of this~~	118056
~~section;~~	118057

~~(iv) Use two per cent as the applicable percentage for the~~	118058
~~accountability measure identified in division (C)(12) of this~~	118059
~~section;~~	118060

~~(v) Use ten per cent as the applicable percentage for the~~	118061
~~accountability measure identified in division (C)(13) of this~~	118062
~~section.~~	118063

(F) ~~For the purposes of awarding points under divisions~~	118064
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	118065
~~thereafter, the department shall do the following:~~	118066

~~(1) Rely on calculations the United States centers for~~	118067
~~medicare and medicaid services makes using the 3.0 version of the~~	118068
~~minimum data set that indicate whether nursing facilities meet~~	118069
~~those accountability measures;~~	118070

~~(2) If the department takes action pursuant to division~~	118071
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	118072
~~percentages the department specifies pursuant to division~~	118073
~~(E)(1)(b) of this section for the purposes of those accountability~~	118074
~~measures;~~	118075

~~(3) If the department takes action pursuant to division~~	118076
~~(E)(2) of this section for fiscal year 2013, do the following:~~	118077

~~(a) For fiscal year 2014, specify the percentages to be used~~	118078
~~for the purposes of those accountability measures and, in~~	118079
~~specifying the percentages, provide for at least fifty per cent of~~	118080
~~nursing facilities to earn points for meeting those accountability~~	118081
~~measures;~~	118082

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	118083
~~percentages the department specifies pursuant to division~~	118084
~~(F)(3)(a) of this section for the purposes of those accountability~~	118085
~~measures.~~Not later than July 1, 2014, the department shall	118086
submit, in accordance with section 101.68 of the Revised Code,	118087
recommendations to the general assembly for accountability	118088
measures to replace the accountability measures identified in	118089
divisions (D)(21) and (22) of this section.	118090

(G) ~~The director of job and family services shall adopt rules~~	118091
~~under section 5111.02 of the Revised Code as necessary to~~	118092
~~implement this section.~~	118093

~~The rules~~Rules adopted under section 5165.02 of the Revised	118094
Code may specify what is meant by "some" as that word is used in	118095
division (C)(16) of this section.	118096

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

118097

(1) "Budgeted amount for quality incentive payments for a	118098
fiscal year" means the amount determined for a fiscal year as	118099
follows:	118100

(a) Multiply the total number of medicaid days in the	118101
immediately preceding fiscal year by sixteen dollars and	118102
forty-four cents;	118103

(b) Determine the total amount of quality incentive payments	118104
that was paid under section 5165.25 of the Revised Code to all	118105
nursing facility providers for the immediately preceding fiscal	118106
year;	118107

(c) Subtract the amount determined under division (A)(1)(b)	118108
of this section from the product calculated under division	118109
(A)(1)(a) of this section;	118110

(d) Add thirty million dollars to the difference calculated	118111
under division (A)(1)(c) of this section.	118112

(2) "Point days for a fiscal year" means the product of the	118113
following:	118114

(a) A qualifying nursing facility's quality bonus points for	118115
the fiscal year;	118116

(b) The number of the qualifying nursing facility's medicaid	118117
days in the immediately preceding fiscal year.	118118

~~(2)~~(3) "Qualifying nursing facility" means a nursing facility	118119
that qualifies for a quality bonus for a fiscal year as determined	118120
under division (B) of this section.	118121

~~(3)~~(4) "Quality bonus points for a fiscal year" means the	118122
amount determined by subtracting five from the number of points	118123
awarded to a qualifying nursing facility for meeting	118124
accountability measures under ~~division (C) of~~ section ~~5111.244~~	118125
5165.25 of the Revised Code for a fiscal year.	118126

~~(4) "Residual budgeted amount for quality incentive payments~~	118127
~~for a fiscal year" means the amount determined for a fiscal year~~	118128
~~as follows:~~	118129

~~(a) Multiply the total number of medicaid days in the fiscal~~	118130
~~year by sixteen dollars and forty-four cents;~~	118131

~~(b) Determine the total amount of quality incentive payments~~	118132
~~that was paid under section 5111.244 of the Revised Code to all~~	118133
~~nursing facility providers for the fiscal year;~~	118134

~~(c) Subtract the amount determined under division (A)(4)(b)~~	118135
~~of this section from the product calculated under division~~	118136
~~(A)(4)(a) of this section.~~	118137

(B) ~~The~~Not later than the first day of November of each	118138
fiscal year, the department of ~~job and family services~~medicaid	118139
shall pay a nursing facility provider a quality bonus for athe	118140
fiscal year if ~~both of~~ the ~~following apply:~~	118141

~~(1) The~~ provider's nursing facility is awarded more than five	118142
points for meeting accountability measures under ~~division (C) of~~	118143
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year	118144
and the following applies:	118145

(1) For fiscal year 2014, at least two of the points are	118146
awarded to the nursing facility pursuant to division (C)(10),	118147
(11), (12), (13), or (14) of section 5165.25 of the Revised Code.	118148

(2) For fiscal year 2015 and each fiscal year thereafter, at	118149
least two of the points are awarded to the nursing facility	118150
pursuant to division (D)(9), (10), (11), (12), (13), or (14) of	118151
section 5165.25 of the Revised Code.	118152

~~(2) The residual budgeted amount for quality incentive~~	118153
~~payments for the fiscal year is greater than zero.~~	118154

(C) The total quality bonus to be paid to the provider of a	118155
qualifying nursing facility for a fiscal year shall equal the	118156
product of the following:	118157

(1) The quality bonus per medicaid day for the fiscal year	118158
determined for the provider's qualifying nursing facility under	118159
division (D) of this section;	118160

(2) The number of the qualifying nursing facility's medicaid	118161
days in the immediately preceding fiscal year.	118162

(D) A qualifying nursing facility's quality bonus per	118163
medicaid day for a fiscal year shall be the product of the	118164
following:	118165

(1) The nursing facility's quality bonus points for the	118166
fiscal year;	118167

(2) The quality bonus per point for the fiscal year	118168
determined under division (E) of this section.	118169

(E) The quality bonus per point for a fiscal year shall be	118170
determined as follows:	118171

(1) Determine the number of each qualifying nursing	118172
facility's point days for the fiscal year;	118173

(2) Determine the sum of all qualifying nursing facilities'	118174
point days for the fiscal year;	118175

(3) Divide the ~~residual~~ budgeted amount for quality incentive	118176
payments for the fiscal year by the sum determined under division	118177
(E)(2) of this section.	118178

(F) The calculation of a qualifying nursing facility's bonus	118179
payment is not subject to appeal under Chapter 119. of the Revised	118180
Code.	118181

~~(G) The director of job and family services may adopt rules~~	118182
~~under section 5111.02 of the Revised Code as necessary to~~	118183
~~implement this section.~~	118184

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	118185
adds or replaces one or more medicaid certified beds to or at the	118186
nursing facility, or renovates one or more of the nursing	118187
facility's beds, the medicaid payment rate for the added,	118188
replaced, or renovated beds shall be the same as the medicaid	118189
payment rate for the nursing facility's existing beds.	118190

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	118191
beds are relocated from one nursing facility to another nursing	118192
facility owned by a different person or government entity and the	118193
application for the certificate of need authorizing the relocation	118194
is filed with the director of health on or after ~~the effective~~	118195
~~date of this section~~July 1, 2005, amortization of the cost of	118196
acquiring operating rights for the relocated beds is not an	118197
allowable cost for the purpose of determining the nursing	118198
facility's medicaid ~~reimbursement~~payment rate.	118199

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	118200
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	118201
services, and facilities, furnished to a nursing facility provider	118202
by a related party are includable in the allowable costs of the	118203
provider at the reasonable cost to the related party.	118204

Sec. 5165.32. The department of medicaid shall not reduce a	118205
nursing facility's medicaid payment rate determined under this	118206
chapter on the basis that the provider charges a lower rate to any	118207
resident who is not eligible for medicaid.	118208

Sec. 5165.33. No medicaid payment shall be made to a nursing	118209
facility provider for the day a medicaid recipient is discharged	118210
from the nursing facility.	118211

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	118212
~~services~~medicaid may make medicaid payments to a nursing	118213
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	118214
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	118215
recipient during a temporary absence under conditions prescribed	118216
by the department, to include hospitalization for an acute	118217
condition, visits with relatives and friends, and participation in	118218
therapeutic programs outside the facility, when the resident's	118219
plan of care provides for such absence and federal financial	118220
participation infor the payments is available.	118221

(B) The maximum period for which payments may be made to	118222
reserve a bed in a nursing facility shall not exceed thirty days	118223
in a calendar year.	118224

(C) The department shall establish the per ~~diem~~medicaid day	118225
payment rates ~~to be paid to providers of nursing facilities~~ for	118226
reserving beds under this section. In establishing the per ~~diem~~	118227
medicaid day payment rates, the department shall ~~do the following:~~	118228

~~(1) In the case of a payment to reserve a bed for a day~~	118229
~~during calendar year 2011, set the per diem rate at an amount not~~	118230
~~exceeding fifty per cent of the per diem rate the provider would~~	118231
~~be paid if the recipient were not absent from the nursing facility~~	118232
~~that day;~~	118233

~~(2) In the case of a payment to reserve a bed for a day~~	118234
~~during calendar year 2012 and each calendar year thereafter,~~ set	118235
the per ~~diem~~medicaid day payment rate at an amount equal to the	118236
following:	118237

~~(a)~~(1) In the case of a nursing facility that had an	118238
occupancy rate ~~in the preceding calendar year~~ exceeding	118239
ninety-five per cent, an amount not exceeding fifty per cent of	118240
the per ~~diem~~medicaid day payment rate the provider would be paid	118241
if the recipient were not absent from the nursing facility that	118242
day;	118243

~~(b)~~(2) In the case of a nursing facility that had an	118244
occupancy rate ~~in the preceding calendar year~~ not exceeding	118245
ninety-five per cent, an amount not exceeding eighteen per cent of	118246
the per ~~diem~~medicaid day payment rate the provider would be paid	118247
if the recipient were not absent from the nursing facility that	118248
day.	118249

(D) For the purpose of setting a nursing facility's per	118250
medicaid day payment rate to reserve a bed for a day during the	118251
period beginning on the effective date of this amendment and	118252
ending December 31, 2013, the department shall determine the	118253
nursing facility's occupancy rate by using information reported on	118254
the nursing facility's cost report for calendar year 2012. For the	118255
purpose of setting a nursing facility's per medicaid day payment	118256
rate to reserve a bed for January 1, 2014, or thereafter, the	118257
department shall determine the nursing facility's occupancy rate	118258
by using information reported on the nursing facility's cost	118259
report for the calendar year preceding the fiscal year in which	118260
the reservation falls.	118261

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	118262
~~date of an involuntary termination" and "involuntary termination"~~	118263
~~have the same meanings as in section 5111.65 of the Revised Code.~~	118264

Medicaid payments may be made for nursing facility services	118265
~~and intermediate care facility for the mentally retarded services~~	118266
provided not later than thirty days after the effective date of an	118267
involuntary termination of the nursing facility that provides the	118268
services if the services are provided to a medicaid recipient who	118269
is eligible for the services and resided in the nursing facility	118270
before the effective date of the involuntary termination.	118271

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	118272
~~services~~medicaid shall make its best efforts each year to	118273
calculate nursing facilities' medicaid payment rates under	118274
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	118275
time to ~~use them to make~~pay the ~~payments due to providers~~rates	118276
by the fifteenth day of August of each fiscal year. If the	118277
department is unable to calculate the rates so that they can be	118278
paid by that date, the department shall pay each provider the rate	118279
calculated for the provider's nursing facilities ~~and intermediate~~	118280
~~care facilities for the mentally retarded~~ under ~~those sections~~	118281
this chapter at the end of the previous fiscal year. If the	118282
department also is unable to calculate the rates to ~~make the~~	118283
~~payments due~~pay the rates by the fifteenth day of September and	118284
the fifteenth day of October, the department shall pay the	118285
previous fiscal year's rate to make those payments. The department	118286
may increase by five per cent the previous fiscal year's rate paid	118287
for any nursing facility pursuant to this section at the request	118288
of the provider. The department shall use rates calculated for the	118289
current fiscal year to make the payments due by the fifteenth day	118290
of November.	118291

If the rate paid to a provider for a nursing facility	118292
pursuant to this section is lower than the rate calculated for the	118293
nursing facility for the current fiscal year, the department shall	118294
pay the provider the difference between the two rates for the	118295
number of days for which the provider was paid for the nursing	118296
facility pursuant to this section. If the rate paid for a nursing	118297
facility pursuant to this section is higher than the rate	118298
calculated for it for the current fiscal year, the provider shall	118299
refund to the department the difference between the two rates for	118300
the number of days for which the provider was paid for the nursing	118301
facility pursuant to this section.	118302

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	118303
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	118304
the Revised Code that establish a process under which a nursing	118305
facility provider, or a group or association of nursing facility	118306
providers, may seek reconsideration of medicaid payment rates	118307
established under ~~sections 5111.20 to 5111.331 of the Revised~~	118308
~~Code~~this chapter, including a rate for direct care costs	118309
recalculated before the effective date of the rate as a result of	118310
an exception review of resident assessment ~~information~~data	118311
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	118312

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	118313
~~section, the~~ only issue that a provider, group, or association may	118314
raise in the rate reconsideration shall be whether the rate was	118315
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	118316
~~Revised Code~~this chapter and the rules adopted under section	118317
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	118318
provider, group, or association tomay submit written arguments or	118319
other materials that support its position. The ~~rules shall specify~~	118320
provider, group, or association and department of medicaid shall	118321
take actions regarding the rate reconsideration within time frames	118322
~~within which the provider, group, or association and the~~	118323
~~department must act~~specified in rules authorized by this section.	118324
If	118325

If the department determines, as a result of the rate	118326
reconsideration, that the rate ~~established~~determined for one or	118327
more nursing facilities ~~of a provider~~ is less than the rate to	118328
which the nursing facility is entitled, the department shall	118329
increase the rate. If the department has paid the incorrect rate	118330
for a period of time, the department shall pay the provider the	118331
difference between the amount the provider was paid for that	118332
period for the nursing facility and the amount the provider should	118333
have been paid for the nursing facility.	118334

~~(2) The rules shall provide that during a fiscal year, the~~	118335
~~department, by means of the rate reconsideration process, may~~	118336
~~increase the rate determined for an intermediate care facility for~~	118337
~~the mentally retarded as calculated under sections 5111.20 to~~	118338
~~5111.331 of the Revised Code if the provider of the facility~~	118339
~~demonstrates that the facility's actual, allowable costs have~~	118340
~~increased because of extreme circumstances. A facility may qualify~~	118341
~~for a rate increase only if the facility's per diem, actual,~~	118342
~~allowable costs have increased to a level that exceeds its total~~	118343
~~rate. The rules shall specify the circumstances that would justify~~	118344
~~a rate increase under division (A)(2) of this section. The rules~~	118345
~~shall provide that the extreme circumstances include natural~~	118346
~~disasters, renovations approved under division (D) of section~~	118347
~~5111.251 of the Revised Code, an increase in workers' compensation~~	118348
~~experience rating of greater than five per cent for a facility~~	118349
~~that has an appropriate claims management program, increased~~	118350
~~security costs for an inner-city facility, and a change of~~	118351
~~ownership that results from bankruptcy, foreclosure, or findings~~	118352
~~of violations of certification requirements by the department of~~	118353
~~health. An increase under division (A)(2) of this section is~~	118354
~~subject to any rate limitations or maximum rates established by~~	118355
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	118356
~~centers. Any rate increase granted under division (A)(2) of this~~	118357
~~section shall take effect on the first day of the first month~~	118358
~~after the department receives the request.~~	118359

~~(3) The rules shall provide that the department, through the~~	118360
~~rate reconsideration process, may increase an intermediate care~~	118361
~~facility for the mentally retarded's rate as calculated under~~	118362
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	118363
~~department, in the department's sole discretion, determines that~~	118364
~~the rate as calculated under those sections works an extreme~~	118365
~~hardship on the facility.~~	118366

~~(4) The rules shall provide that when beds certified for the~~	118367
~~medicaid program are added to an existing intermediate care~~	118368
~~facility for the mentally retarded or replaced at the same site,~~	118369
~~the department, through the rate reconsideration process, shall~~	118370
~~increase the intermediate care facility for the mentally~~	118371
~~retarded's rate for capital costs proportionately, as limited by~~	118372
~~any applicable limitation under section 5111.251 of the Revised~~	118373
~~Code, to account for the costs of the beds that are added or~~	118374
~~replaced. The department shall make this increase one month after~~	118375
~~the first day of the month after the department receives~~	118376
~~sufficient documentation of the costs. Any rate increase granted~~	118377
~~under division (A)(4) of this section after June 30, 1993, shall~~	118378
~~remain in effect until the effective date of a rate calculated~~	118379
~~under section 5111.251 of the Revised Code that includes costs~~	118380
~~incurred for a full calendar year for the bed addition or bed~~	118381
~~replacement. The facility shall report double accumulated~~	118382
~~depreciation in an amount equal to the depreciation included in~~	118383
~~the rate adjustment on its cost report for the first year of~~	118384
~~operation. During the term of any loan used to finance a project~~	118385
~~for which a rate adjustment is granted under division (A)(4) of~~	118386
~~this section, if the facility is operated by the same provider,~~	118387
~~the provider shall subtract from the interest costs it reports on~~	118388
~~its cost report an amount equal to the difference between the~~	118389
~~following:~~	118390

~~(a) The actual, allowable interest costs for the loan during~~	118391
~~the calendar year for which the costs are being reported;~~	118392

~~(b) The actual, allowable interest costs attributable to the~~	118393
~~loan that were used to calculate the rates paid to the provider~~	118394
~~for the facility during the same calendar year.~~	118395

~~(5) The department's decision at the conclusion of the~~	118396
~~reconsideration process shall not be subject to any administrative~~	118397
~~proceedings under Chapter 119. or any other provision of the~~	118398
~~Revised Code.~~	118399

~~(B) All of the following are subject to an adjudication~~	118400
~~conducted in accordance with Chapter 119. of the Revised Code:~~	118401

~~(1) Any audit disallowance that the department makes as the~~	118402
~~result of an audit under section 5111.27 of the Revised Code;~~	118403

~~(2) Any adverse finding that results from an exception review~~	118404
~~of resident assessment information conducted under section 5111.27~~	118405
~~of the Revised Code after the effective date of the facility's~~	118406
~~rate that is based on the assessment information;~~	118407

~~(3) Any medicaid payment deemed an overpayment under section~~	118408
~~5111.683 of the Revised Code;~~	118409

~~(4) Any penalty the department imposes under division (C) of~~	118410
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	118411
~~Revised Code.~~	118412

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	118413
properly amends ~~its~~a cost report for the nursing facility under	118414
section ~~5111.261~~5165.107 of the Revised Code and the amended	118415
report shows that the provider received a lower medicaid payment	118416
rate under the original cost report than itthe provider was	118417
entitled to receive, the department of ~~job and family services~~	118418
medicaid shall adjust the provider's rate for the nursing facility	118419
prospectively to reflect the corrected information. The department	118420
shall pay the adjusted rate beginning two months after the first	118421
day of the month after the provider files the amended cost report.	118422
If	118423

If the department finds, from an exception review of resident	118424
assessment ~~information~~data conducted pursuant to section 5165.193	118425
of the Revised Code after the effective date of ~~the~~a nursing	118426
facility's rate for direct care costs that is based on the	118427
resident assessment ~~information~~data, that inaccurate resident	118428
assessment ~~information~~data resulted in the provider receiving a	118429
lower rate for the nursing facility than it was entitled to	118430
receive, the department prospectively shall adjust the provider's	118431
rate accordingly ~~and~~. The department shall make payments to the	118432
provider using the adjusted rate for the remainder of the ~~calendar~~	118433
~~quarter~~six-month period for which the resident assessment	118434
~~information~~data is used to determine the rate, beginning one	118435
month after the first day of the month after the exception review	118436
is completed.	118437

~~(B) If the provider properly amends its cost report under~~	118438
~~section 5111.261 of the Revised Code, the department makes a~~	118439
~~finding based on an audit under section 5111.27 of the Revised~~	118440
~~Code, or the~~ ~~department~~ makes a finding based on an exception	118441
review of resident assessment information conducted under section	118442
5111.27 of the Revised Code after the effective date of the rate	118443
for direct care costs that is based on the assessment information,	118444
any of which results in a determination that the provider has	118445
received a higher rate than it was entitled to receive, the	118446
~~department~~ shall recalculate the provider's rate using the revised	118447
information. The ~~department~~ shall apply the recalculated rate to	118448
the periods when the provider received the incorrect rate to	118449
determine the amount of the overpayment. The provider shall refund	118450
the amount of the overpayment.	118451

~~In addition to requiring a refund under this division, the~~	118452
~~department may charge the provider interest at the applicable rate~~	118453
~~specified in this division from the time the overpayment was made.~~	118454

~~(1) If the overpayment resulted from costs reported for~~	118455
~~calendar year 1993, the interest shall be no greater than one and~~	118456
~~one-half times the average bank prime rate.~~	118457

~~(2) If the overpayment resulted from costs reported for~~	118458
~~subsequent calendar years:~~	118459

~~(a) The interest shall be no greater than two times the~~	118460
~~average bank prime rate if the overpayment was equal to or less~~	118461
~~than one per cent of the total medicaid payments to the provider~~	118462
~~for the fiscal year for which the incorrect information was used~~	118463
~~to establish a rate.~~	118464

~~(b) The interest shall be no greater than two and one-half~~	118465
~~times the current average bank prime rate if the overpayment was~~	118466
~~greater than one per cent of the total medicaid payments to the~~	118467
~~provider for the fiscal year for which the incorrect information~~	118468
~~was used to establish a rate.~~	118469

~~(C) The department also may impose the following penalties:~~

118470

~~(1) If a provider does not furnish invoices or other~~	118471
~~documentation that the department requests during an audit within~~	118472
~~sixty days after the request, no more than the greater of one~~	118473
~~thousand dollars per audit or twenty-five per cent of the~~	118474
~~cumulative amount by which the costs for which documentation was~~	118475
~~not furnished increased the total medicaid payments to the~~	118476
~~provider during the fiscal year for which the costs were used to~~	118477
~~establish a rate;~~	118478

~~(2) If an exiting operator or owner fails to provide notice~~	118479
~~of a facility closure, voluntary termination, or voluntary~~	118480
~~withdrawal of participation in the medicaid program as required by~~	118481
~~section 5111.66 of the Revised Code, or an exiting operator or~~	118482
~~owner and entering operator fail to provide notice of a change of~~	118483
~~operator as required by section 5111.67 of the Revised Code, no~~	118484
~~more than the current average bank prime rate plus four per cent~~	118485
~~of the last two monthly payments.~~	118486

~~(D) If the provider continues to participate in the medicaid~~	118487
~~program, the department shall deduct any amount that the provider~~	118488
~~is required to refund under this section, and the amount of any~~	118489
~~interest charged or penalty imposed under this section, from the~~	118490
~~next available payment from the~~ ~~department~~ to the provider. The	118491
~~department~~ and the provider may enter into an agreement under	118492
which the amount, together with interest, is deducted in	118493
installments from payments from the ~~department~~ to the provider.	118494

~~(E) The department shall transmit refunds and penalties to~~	118495
~~the treasurer of state for deposit in the general revenue fund.~~	118496

~~(F) For the purpose of this section, the department shall~~	118497
~~determine the average bank prime rate using statistical release~~	118498
~~H.15, "selected interest rates," a weekly publication of the~~	118499
~~federal reserve board, or any successor publication. If~~	118500
~~statistical release H.15, or its successor, ceases to contain the~~	118501
~~bank prime rate information or ceases to be published, the~~	118502
~~department~~ shall request a written statement of the average bank	118503
prime rate from the federal reserve bank of Cleveland or the	118504
federal reserve board.	118505

Sec. 5165.41. (A) The department of medicaid shall	118506
redetermine a provider's medicaid payment rate for a nursing	118507
facility using revised information if any of the following results	118508
in a determination that the provider received a higher medicaid	118509
payment rate for the nursing facility than the provider was	118510
entitled to receive:	118511

(1) The provider properly amends a cost report for the	118512
nursing facility under section 5165.107 of the Revised Code;	118513

(2) The department makes a finding based on an audit under	118514
section 5165.109 of the Revised Code;	118515

(3) The department makes a finding based on an exception	118516
review of resident assessment data conducted under section	118517
5165.193 of the Revised Code after the effective date of the	118518
nursing facility's rate for direct care costs that is based on the	118519
resident assessment data;	118520

(4) The department makes a finding based on a post-payment	118521
review conducted under section 5165.49 of the Revised Code.	118522

(B) The department shall apply the redetermined rate to the	118523
periods when the provider received the incorrect rate to determine	118524
the amount of the overpayment. The provider shall refund the	118525
amount of the overpayment. The department may charge the provider	118526
the following amount of interest from the time the overpayment was	118527
made:	118528

(1) If the overpayment resulted from costs reported for	118529
calendar year 1993, the interest shall be no greater than one and	118530
one-half times the current average bank prime rate.	118531

(2) If the overpayment resulted from costs reported for a	118532
subsequent calendar year:	118533

(a) The interest shall be no greater than two times the	118534
current average bank prime rate if the overpayment was no more	118535
than one per cent of the total medicaid payments to the provider	118536
for the fiscal year for which the overpayment was made.	118537

(b) The interest shall be no greater than two and one-half	118538
times the current average bank prime rate if the overpayment was	118539
more than one per cent of the total medicaid payments to the	118540
provider for the fiscal year for which the overpayment was made.	118541

Sec. 5165.42. In addition to the other penalties authorized	118542
by this chapter, the department of medicaid may impose the	118543
following penalties on a nursing facility provider:	118544

(A) If the provider does not furnish invoices or other	118545
documentation that the department requests during an audit within	118546
sixty days after the request, a fine of no more than the greater	118547
of the following:	118548

(1) One thousand dollars per audit;

118549

(2) Twenty-five per cent of the cumulative amount by which	118550
the costs for which documentation was not furnished increased the	118551
total medicaid payments to the provider during the fiscal year for	118552
which the costs were used to determine a rate.	118553

(B) If an exiting operator or owner fails to provide notice	118554
of a facility closure or voluntary withdrawal of participation in	118555
the medicaid program as required by section 5165.50 of the Revised	118556
Code, or an exiting operator or owner and entering operator fail	118557
to provide notice of a change of operator as required by section	118558
5165.51 of the Revised Code, a fine of not more than the current	118559
average bank prime rate plus four per cent of the last two monthly	118560
payments.	118561

Sec. 5165.43. For the purposes of sections 5165.41 and	118562
5165.42 of the Revised Code, the department of medicaid shall	118563
determine the current average bank prime rate using statistical	118564
release H.15, "selected interest rates," a weekly publication of	118565
the federal reserve board, or any successor publication. If	118566
statistical release H.15, or its successor, ceases to contain the	118567
bank prime rate information or ceases to be published, the	118568
department shall request a written statement of the average bank	118569
prime rate from the federal reserve bank of Cleveland or the	118570
federal reserve board.	118571

Sec. 5165.44. (A) Except as provided in division (B) of this	118572
section, the department of medicaid shall deduct the following	118573
from the next available medicaid payment the department makes to a	118574
nursing facility provider who continues to participate in	118575
medicaid:	118576

(1) Any amount the provider is required to refund, and any	118577
interest charged, under section 5165.41 of the Revised Code;	118578

(2) The amount of any penalty imposed on the provider under	118579
section 5165.42 of the Revised Code.	118580

(B) The department and a nursing facility provider may enter	118581
into an agreement under which a deduction required by division (A)	118582
of this section is taken in installments from payments the	118583
department makes to the provider.	118584

Sec. 5165.45. The department of medicaid shall transmit to	118585
the treasurer of state for deposit in the general revenue fund	118586
amounts collected from the following:	118587

(A) Refunds required by, and interest charged under, section	118588
5165.41 of the Revised Code;	118589

(B) Amounts collected from penalties imposed under section	118590
5165.42 of the Revised Code.	118591

Sec. 5165.46. All of the following are subject to an	118592
adjudication conducted in accordance with Chapter 119. of the	118593
Revised Code:	118594

(A) Any audit disallowance that the department of medicaid	118595
makes as the result of an audit under section 5165.109 of the	118596
Revised Code;	118597

(B) Any adverse finding that results from an exception review	118598
of resident assessment data conducted for a nursing facility under	118599
section 5165.193 of the Revised Code after the effective date of	118600
the nursing facility's medicaid payment rate for direct care costs	118601
that is based on the resident assessment data;	118602

(C) Any medicaid payment deemed an overpayment under section	118603
5165.523 of the Revised Code;	118604

(D) Any penalty the department imposes under section 5165.42	118605
of the Revised Code or section 5165.523 of the Revised Code.	118606

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	118607
facility provider ~~of a nursing facility~~, shall submit a claim for	118608
medicaid ~~reimbursement~~payment for a service provided to a	118609
nursing facility resident if the service is included in a medicaid	118610
payment made to the nursing facility provider ~~of a nursing~~	118611
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	118612
this chapter or in the ~~reimbursable~~allowable expenses reported	118613
on a provider's cost report for a nursing facility. No nursing	118614
facility provider ~~of a nursing facility~~ shall submit a separate	118615
claim for medicaid ~~reimbursement~~payment for a service provided	118616
to a resident of the nursing facility if the service is included	118617
in a medicaid payment made to the provider under ~~sections 5111.20~~	118618
~~to 5111.331 of the Revised Code~~this chapter or in the	118619
~~reimbursable~~allowable expenses on the provider's cost report for	118620
the nursing facility.	118621

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	118622
~~facility" and "provider" have the same meanings as in section~~	118623
~~5111.20 of the Revised Code.~~	118624

The provider of a nursing facility is not required to submit	118625
a claim to the department of ~~job and family services~~medicaid	118626
regarding the medicare cost-sharing expenses of a resident of the	118627
nursing facility who, under federal law, is eligible to have the	118628
medicaid program pay for a part of the cost-sharing expenses if	118629
the provider determines that, under rules adopted under section	118630
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	118631
not receive a medicaid payment for any part of the medicare	118632
cost-sharing expenses. In such a situation, a claim for the	118633
medicare cost-sharing expenses shall be considered to have been	118634
adjudicated at no payment.	118635

Sec. 5165.49. The department of medicaid may conduct a	118636
post-payment review of a claim submitted by a nursing facility	118637
provider and paid by the medicaid program to determine whether the	118638
provider was overpaid. The department shall provide the provider a	118639
written summary of the review's results. The review's results are	118640
not subject to an adjudication under Chapter 119. of the Revised	118641
Code; however, the provider may request that the medicaid director	118642
reconsider the review's results. The director shall reconsider the	118643
review's results on receipt of a request made in good faith. The	118644
department shall not deduct any amounts the department claims to	118645
be due from the provider as a result of the review from the	118646
provider's medicaid payments pursuant to section 5165.44 of the	118647
Revised Code until the conclusion of the director's	118648
reconsideration, if any, of the review.	118649

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	118650
nursing facility ~~or intermediate care facility for the mentally~~	118651
~~retarded~~ participating in the medicaid program shall provide the	118652
department of ~~job and family services~~medicaid written notice of a	118653
facility closure~~, voluntary termination,~~ or voluntary withdrawal	118654
of participation not less than ninety days before the effective	118655
date of the facility closure~~, voluntary termination,~~ or voluntary	118656
withdrawal of participation. The written notice shall be provided	118657
to the department in accordance with the method specified in rules	118658
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	118659
Revised Code.	118660

The written notice shall include all of the following:

118661

(A) The name of the exiting operator and, if any, the exiting	118662
operator's authorized agent;	118663

(B) The name of the nursing facility ~~or intermediate care~~	118664
~~facility for the mentally retarded~~ that is the subject of the	118665
written notice;	118666

(C) The exiting operator's medicaid provider agreement number	118667
for the nursing facility that is the subject of the written	118668
notice;	118669

(D) The effective date of the facility closure~~, voluntary~~	118670
~~termination,~~ or voluntary withdrawal of participation;	118671

(E) The signature of the exiting operator's or owner's	118672
representative.	118673

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	118674
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	118675
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	118676
nursing facility undergoes a voluntary withdrawal of	118677
participation.	118678

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	118679
entering operator shall provide the department of ~~job and family~~	118680
~~services~~medicaid written notice of a change of operator if the	118681
nursing facility ~~or intermediate care facility for the mentally~~	118682
~~retarded~~ participates in the medicaid program and the entering	118683
operator seeks to continue the nursing facility's participation.	118684
The written notice shall be provided to the department in	118685
accordance with the method specified in rules ~~adopted under~~	118686
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	118687
written notice shall be provided to the department not later than	118688
forty-five days before the effective date of the change of	118689
operator if the change of operator does not entail the relocation	118690
of residents. The written notice shall be provided to the	118691
department not later than ninety days before the effective date of	118692
the change of operator if the change of operator entails the	118693
relocation of residents.	118694

The written notice shall include all of the following:

118695

(1) The name of the exiting operator and, if any, the exiting	118696
operator's authorized agent;	118697

(2) The name of the nursing facility ~~or intermediate care~~	118698
~~facility for the mentally retarded~~ that is the subject of the	118699
change of operator;	118700

(3) The exiting operator's seven-digit medicaid legacy number	118701
and ten-digit national provider identifier number for the nursing	118702
facility that is the subject of the change of operator;	118703

(4) The name of the entering operator;

118704

(5) The effective date of the change of operator;

118705

(6) The manner in which the entering operator becomes the	118706
nursing facility's operator, including through sale, lease,	118707
merger, or other action;	118708

(7) If the manner in which the entering operator becomes the	118709
nursing facility's operator involves more than one step, a	118710
description of each step;	118711

(8) Written authorization from the exiting operator or owner	118712
and entering operator for the department to process a provider	118713
agreement for the entering operator;	118714

(9) The names and addresses of the persons to whom the	118715
department should send initial correspondence regarding the change	118716
of operator;	118717

(10) If the nursing facility also participates in the	118718
medicare program, notification of whether the entering operator	118719
intends to accept assignment of the exiting operator's medicare	118720
provider agreement;	118721

(11) The signature of the exiting operator's or owner's	118722
representative.	118723

(B) An exiting operator or owner and entering operator	118724
immediately shall provide the department written notice of any	118725
changes to information included in a written notice of a change of	118726
operator that occur after that notice is provided to the	118727
department. The notice of the changes shall be provided to the	118728
department in accordance with the method specified in rules	118729
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	118730
Revised Code.	118731

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	118732
~~services~~medicaid may enter into a provider agreement with an	118733
entering operator that goes into effect at 12:01 a.m. on the	118734
effective date of the change of operator if all of the following	118735
requirements are met:	118736

(A) The department receives a properly completed written	118737
notice required by section ~~5111.67~~5165.51 of the Revised Code on	118738
or before the date required by that section.	118739

(B) The department receives both of the following in	118740
accordance with the method specified in rules ~~adopted under~~	118741
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	118742
later than ten days after the effective date of the change of	118743
operator:	118744

(1) From the entering operator, a completed application for a	118745
provider agreement and all other forms and documents specified in	118746
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	118747
Revised Code;	118748

(2) From the exiting operator or owner, all forms and	118749
documents specified in rules ~~adopted under~~authorized by section	118750
~~5111.689~~5165.53 of the Revised Code.	118751

(C) The entering operator is eligible for medicaid payments	118752
as provided in section ~~5111.21~~5165.06 of the Revised Code.	118753

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	118754
~~services~~medicaid may enter into a provider agreement with an	118755
entering operator that goes into effect at 12:01 a.m. on the date	118756
determined under division (B) of this section if all of the	118757
following are the case:	118758

(1) The department receives a properly completed written	118759
notice required by section ~~5111.67~~5165.51 of the Revised Code.	118760

(2) The department receives, from the entering operator and	118761
in accordance with the method specified in rules ~~adopted under~~	118762
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	118763
completed application for a provider agreement and all other forms	118764
and documents specified in rules adopted under that section.	118765

(3) The department receives, from the exiting operator or	118766
owner and in accordance with the method specified in rules ~~adopted~~	118767
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	118768
all forms and documents specified in rules adopted under that	118769
section.	118770

(4) One or more of the following apply:

118771

(a) The requirement of division (A)(1) of this section is met	118772
after the time required by section ~~5111.67~~5165.51 of the Revised	118773
Code;	118774

(b) The requirement of division (A)(2) of this section is met	118775
more than ten days after the effective date of the change of	118776
operator;	118777

(c) The requirement of division (A)(3) of this section is met	118778
more than ten days after the effective date of the change of	118779
operator.	118780

(5) The entering operator is eligible for medicaid payments	118781
as provided in section ~~5111.21~~5165.06 of the Revised Code.	118782

(B) The department shall determine the date a provider	118783
agreement entered into under this section is to go into effect as	118784
follows:	118785

(1) The effective date shall give the department sufficient	118786
time to process the change of operator, assure no duplicate	118787
payments are made, and make the withholding required by section	118788
~~5111.681~~5165.521 of the Revised Code.	118789

(2) The effective date shall be not earlier than the latest	118790
of the following:	118791

(a) The effective date of the change of operator;

118792

(b) The date that the entering operator complies with section	118793
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	118794
section;	118795

(c) The date that the exiting operator or owner complies with	118796
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	118797
this section.	118798

(3) The effective date shall be not later than the following	118799
after the later of the dates specified in division (B)(2) of this	118800
section:	118801

(a) Forty-five days if the change of operator does not entail	118802
the relocation of residents;	118803

(b) Ninety days if the change of operator entails the	118804
relocation of residents.	118805

~~Sec. 5111.673.~~ Sec. 5165.513. (A) A provider that enters into a	118806
provider agreement with the department of ~~job and family services~~	118807
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	118808
the Revised Code shall do all of the following:	118809

~~(A)~~(1) Comply with all applicable federal statutes and	118810
regulations;	118811

~~(B)~~(2) Comply with section ~~5111.22~~5165.07 of the Revised	118812
Code and all other applicable state statutes and rules;	118813

~~(C) Comply~~(3) Subject to division (B) of this section,	118814
comply with all the terms and conditions of the exiting operator's	118815
provider agreement, including, but not limited to, all of the	118816
following:	118817

~~(1)~~(a) Any plan of correction;

118818

~~(2)~~(b) Compliance with health and safety standards;

118819

~~(3)~~(c) Compliance with the ownership and financial interest	118820
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	118821

~~(4)~~(d) Compliance with the civil rights requirements of 45	118822
C.F.R. parts 80, 84, and 90;	118823

~~(5)~~(e) Compliance with additional requirements imposed by the	118824
department;	118825

~~(6)~~(f) Any sanctions relating to remedies for violation of	118826
the provider agreement, including deficiencies, compliance	118827
periods, accountability periods, monetary penalties, notification	118828
for correction of contract violations, and history of	118829
deficiencies.	118830

(B) Division (A)(3) of this section does not prohibit a	118831
nursing facility provider from excluding one or more parts of the	118832
nursing facility from the provider agreement pursuant to division	118833
(B)(1) of section 5165.08 of the Revised Code.	118834

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	118835
the exiting operator shall be considered to be the operator of the	118836
nursing facility ~~or intermediate care facility for the mentally~~	118837
~~retarded~~ for purposes of the medicaid program, including medicaid	118838
payments, until the effective date of the entering operator's	118839
provider agreement if the provider agreement is entered into under	118840
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	118841
Code.	118842

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	118843
~~services~~medicaid may enter into a provider agreement as provided	118844
in section ~~5111.22~~5165.07 of the Revised Code, rather than	118845
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	118846
Code, with an entering operator if the entering operator does not	118847
agree to a provider agreement that satisfies the requirements of	118848
division ~~(C)~~(A)(3) of section ~~5111.673~~5165.513 of the Revised	118849
Code. The department may not enter into the provider agreement	118850
unless the department of health certifies the nursing facility or	118851
~~intermediate care facility for the mentally retarded under Title~~	118852
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	118853
~~1396, as amended~~for participation in medicaid. The effective date	118854
of the provider agreement shall not precede any of the following:	118855

(A) The date that the department of health certifies the	118856
nursing facility;	118857

(B) The effective date of the change of operator;

118858

(C) The date the requirement of section ~~5111.67~~5165.51 of	118859
the Revised Code is satisfied.	118860

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	118861
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	118862
under section 5165.02 of the Revised Code governing adjustments	118863
to the medicaid ~~reimbursement~~payment rate for a nursing facility	118864
~~or intermediate care facility for the mentally retarded~~ that	118865
undergoes a change of operator. No rate adjustment resulting from	118866
a change of operator shall be effective before the effective date	118867
of the entering operator's provider agreement. This is the case	118868
regardless of whether the provider agreement is entered into under	118869
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	118870
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	118871
Revised Code.	118872

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	118873
department of health's determination that a change of operator has	118874
or has not occurred for purposes of licensure under Chapter 3721.	118875
of the Revised Code shall not affect the department of ~~job and~~	118876
~~family services'~~medicaid's determination of whether or when a	118877
change of operator occurs or the effective date of an entering	118878
operator's provider agreement under section ~~5111.671~~5165.511,	118879
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	118880
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	118881

~~(A) The department of health's determination that a change of~~	118882
~~operator has or has not occurred for purposes of licensure under~~	118883
~~Chapter 3721. of the Revised Code;~~	118884

~~(B) The department of developmental disabilities'~~	118885
~~determination that a change of operator has or has not occurred~~	118886
~~for purposes of licensure under section 5123.19 of the Revised~~	118887
~~Code~~.	118888

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	118889
under section ~~5111.66~~5165.50 of the Revised Code of a facility	118890
closure~~, voluntary termination,~~ or voluntary withdrawal of	118891
participation, on receipt of a written notice under section	118892
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	118893
the effective date of an involuntary termination, the department	118894
of ~~job and family services~~medicaid shall estimate the amount of	118895
any overpayments made under the medicaid program to the exiting	118896
operator, including overpayments the exiting operator disputes,	118897
and other actual and potential debts the exiting operator owes or	118898
may owe to the department and United States centers for medicare	118899
and medicaid services under the medicaid program, including a	118900
franchise permit fee.	118901

(B) In estimating the exiting operator's other actual and	118902
potential debts to the department and the United States centers	118903
for medicare and medicaid services under the medicaid program, the	118904
department shall use a debt estimation methodology the medicaid	118905
director ~~of job and family services~~ shall establish in rules	118906
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	118907
Revised Code. The methodology shall provide for estimating all of	118908
the following that the department determines are applicable:	118909

(1) Refunds due the department under section ~~5111.27~~5165.41	118910
of the Revised Code;	118911

(2) Interest owed to the department and United States centers	118912
for medicare and medicaid services;	118913

(3) Final civil monetary and other penalties for which all	118914
right of appeal has been exhausted;	118915

(4) Money owed the department and United States centers for	118916
medicare and medicaid services from any outstanding final fiscal	118917
audit, including a final fiscal audit for the last fiscal year or	118918
portion thereof in which the exiting operator participated in the	118919
medicaid program;	118920

(5) Other amounts the department determines are applicable.

118921

(C) The department shall provide the exiting operator written	118922
notice of the department's estimate under division (A) of this	118923
section not later than thirty days after the department receives	118924
the notice under section ~~5111.66~~5165.50 of the Revised Code of	118925
the facility closure~~, voluntary termination,~~ or voluntary	118926
withdrawal of participation; the department receives the notice	118927
under section ~~5111.67~~5165.51 of the Revised Code of the change	118928
of operator; or the effective date of the involuntary termination.	118929
The department's written notice shall include the basis for the	118930
estimate.	118931

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	118932
(B), (C), and (D) of this section, the department of ~~job and~~	118933
~~family services~~medicaid may withhold from payment due an exiting	118934
operator under the medicaid program the total amount specified in	118935
the notice provided under division (C) of section ~~5111.68~~5165.52	118936
of the Revised Code that the exiting operator owes or may owe to	118937
the department and United States centers for medicare and medicaid	118938
services under the medicaid program.	118939

(B) In the case of a change of operator and subject to	118940
division (E) of this section, the following shall apply regarding	118941
a withholding under division (A) of this section if the exiting	118942
operator or entering operator or an affiliated operator executes a	118943
successor liability agreement meeting the requirements of division	118944
(F) of this section:	118945

(1) If the exiting operator, entering operator, or affiliated	118946
operator assumes liability for the total, actual amount of debt	118947
the exiting operator owes the department and the United States	118948
centers for medicare and medicaid services under the medicaid	118949
program as determined under section ~~5111.685~~5165.525 of the	118950
Revised Code, the department shall not make the withholding.	118951

(2) If the exiting operator, entering operator, or affiliated	118952
operator assumes liability for only the portion of the amount	118953
specified in division (B)(1) of this section that represents the	118954
franchise permit fee the exiting operator owes, the department	118955
shall withhold not more than the difference between the total	118956
amount specified in the notice provided under division (C) of	118957
section ~~5111.68~~5165.52 of the Revised Code and the amount for	118958
which the exiting operator, entering operator, or affiliated	118959
operator assumes liability.	118960

(C) In the case of a ~~voluntary termination,~~ voluntary	118961
withdrawal of participation, or facility closure and subject to	118962
division (E) of this section, the following shall apply regarding	118963
a withholding under division (A) of this section if the exiting	118964
operator or an affiliated operator executes a successor liability	118965
agreement meeting the requirements of division (F) of this	118966
section:	118967

(1) If the exiting operator or affiliated operator assumes	118968
liability for the total, actual amount of debt the exiting	118969
operator owes the department and the United States centers for	118970
medicare and medicaid services under the medicaid program as	118971
determined under section ~~5111.685~~5165.525 of the Revised Code,	118972
the department shall not make the withholding.	118973

(2) If the exiting operator or affiliated operator assumes	118974
liability for only the portion of the amount specified in division	118975
(C)(1) of this section that represents the franchise permit fee	118976
the exiting operator owes, the department shall withhold not more	118977
than the difference between the total amount specified in the	118978
notice provided under division (C) of section ~~5111.68~~5165.52 of	118979
the Revised Code and the amount for which the exiting operator or	118980
affiliated operator assumes liability.	118981

(D) In the case of an involuntary termination and subject to	118982
division (E) of this section, the following shall apply regarding	118983
a withholding under division (A) of this section if the exiting	118984
operator, the entering operator, or an affiliated operator	118985
executes a successor liability agreement meeting the requirements	118986
of division (F) of this section and the department approves the	118987
successor liability agreement:	118988

(1) If the exiting operator, entering operator, or affiliated	118989
operator assumes liability for the total, actual amount of debt	118990
the exiting operator owes the department and the United States	118991
centers for medicare and medicaid services under the medicaid	118992
program as determined under section ~~5111.685~~5165.525 of the	118993
Revised Code, the department shall not make the withholding.	118994

(2) If the exiting operator, entering operator, or affiliated	118995
operator assumes liability for only the portion of the amount	118996
specified in division (D)(1) of this section that represents the	118997
franchise permit fee the exiting operator owes, the department	118998
shall withhold not more than the difference between the total	118999
amount specified in the notice provided under division (C) of	119000
section ~~5111.68~~5165.52 of the Revised Code and the amount for	119001
which the exiting operator, entering operator, or affiliated	119002
operator assumes liability.	119003

(E) For an exiting operator or affiliated operator to be	119004
eligible to enter into a successor liability agreement under	119005
division (B), (C), or (D) of this section, both of the following	119006
must apply:	119007

(1) The exiting operator or affiliated operator must have one	119008
or more valid provider agreements, other than the provider	119009
agreement for the nursing facility ~~or intermediate care facility~~	119010
~~for the mentally retarded~~ that is the subject of the involuntary	119011
termination, ~~voluntary termination,~~ voluntary withdrawal of	119012
participation, facility closure, or change of operator;	119013

(2) During the twelve-month period preceding either the	119014
effective date of the involuntary termination or the month in	119015
which the department receives the notice of the ~~voluntary~~	119016
~~termination,~~ voluntary withdrawal of participation, or facility	119017
closure under section ~~5111.66~~5165.50 of the Revised Code or the	119018
notice of the change of operator under section ~~5111.67~~5165.51 of	119019
the Revised Code, the average monthly medicaid payment made to the	119020
exiting operator or affiliated operator pursuant to the exiting	119021
operator's or affiliated operator's one or more provider	119022
agreements, other than the provider agreement for the nursing	119023
facility ~~or intermediate care facility for the mentally retarded~~	119024
that is the subject of the involuntary termination, ~~voluntary~~	119025
~~termination,~~ voluntary withdrawal of participation, facility	119026
closure, or change of operator, must equal at least ninety per	119027
cent of the sum of the following:	119028

(a) The average monthly medicaid payment made to the exiting	119029
operator pursuant to the exiting operator's provider agreement for	119030
the nursing facility ~~or intermediate care facility for the~~	119031
~~mentally retarded~~ that is the subject of the involuntary	119032
termination, ~~voluntary termination,~~ voluntary withdrawal of	119033
participation, facility closure, or change of operator;	119034

(b) Whichever of the following apply:

119035

(i) If the exiting operator or affiliated operator has	119036
assumed liability under one or more other successor liability	119037
agreements, the total amount for which the exiting operator or	119038
affiliated operator has assumed liability under the other	119039
successor liability agreements;	119040

(ii) If the exiting operator or affiliated operator has not	119041
assumed liability under any other successor liability agreements,	119042
zero.	119043

(F) A successor liability agreement executed under this	119044
section must comply with all of the following:	119045

(1) It must provide for the operator who executes the	119046
successor liability agreement to assume liability for either of	119047
the following as specified in the agreement:	119048

(a) The total, actual amount of debt the exiting operator	119049
owes the department and the United States centers for medicare and	119050
medicaid services under the medicaid program as determined under	119051
section ~~5111.685~~5165.525 of the Revised Code;	119052

(b) The portion of the amount specified in division (F)(1)(a)	119053
of this section that represents the franchise permit fee the	119054
exiting operator owes.	119055

(2) It may not require the operator who executes the	119056
successor liability agreement to furnish a surety bond.	119057

(3) It must provide that the department, after determining	119058
under section ~~5111.685~~5165.525 of the Revised Code the actual	119059
amount of debt the exiting operator owes the department and United	119060
States centers for medicare and medicaid services under the	119061
medicaid program, may deduct the lesser of the following from	119062
medicaid payments made to the operator who executes the successor	119063
liability agreement:	119064

(a) The total, actual amount of debt the exiting operator	119065
owes the department and the United States centers for medicare and	119066
medicaid services under the medicaid program as determined under	119067
section ~~5111.685~~5165.525 of the Revised Code;	119068

(b) The amount for which the operator who executes the	119069
successor liability agreement assumes liability under the	119070
agreement.	119071

(4) It must provide that the deductions authorized by	119072
division (F)(3) of this section are to be made for a number of	119073
months, not to exceed six, agreed to by the operator who executes	119074
the successor liability agreement and the department or, if the	119075
operator who executes the successor liability agreement and	119076
department cannot agree on a number of months that is less than	119077
six, a greater number of months determined by the attorney general	119078
pursuant to a claims collection process authorized by statute of	119079
this state.	119080

(5) It must provide that, if the attorney general determines	119081
the number of months for which the deductions authorized by	119082
division (F)(3) of this section are to be made, the operator who	119083
executes the successor liability agreement shall pay, in addition	119084
to the amount collected pursuant to the attorney general's claims	119085
collection process, the part of the amount so collected that, if	119086
not for division (H) of this section, would be required by section	119087
109.081 of the Revised Code to be paid into the attorney general	119088
claims fund.	119089

(G) Execution of a successor liability agreement does not	119090
waive an exiting operator's right to contest the amount specified	119091
in the notice the department provides the exiting operator under	119092
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	119093

(H) Notwithstanding section 109.081 of the Revised Code, the	119094
entire amount that the attorney general, whether by employees or	119095
agents of the attorney general or by special counsel appointed	119096
pursuant to section 109.08 of the Revised Code, collects under a	119097
successor liability agreement, other than the additional amount	119098
the operator who executes the agreement is required by division	119099
(F)(5) of this section to pay, shall be paid to the department of	119100
~~job and family services~~medicaid for deposit into the appropriate	119101
fund. The additional amount that the operator is required to pay	119102
shall be paid into the state treasury to the credit of the	119103
attorney general claims fund created under section 109.081 of the	119104
Revised Code.	119105

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	119106
(B) of this section, an exiting operator shall file with the	119107
department of ~~job and family services~~medicaid a cost report not	119108
later than ninety days after the last day the exiting operator's	119109
provider agreement is in effect or, in the case of a voluntary	119110
withdrawal of participation, the effective date of the voluntary	119111
withdrawal of participation. The cost report shall cover the	119112
period that begins with the day after the last day covered by the	119113
operator's most recent previous cost report required by section	119114
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	119115
exiting operator's provider agreement is in effect or, in the case	119116
of a voluntary withdrawal of participation, the effective date of	119117
the voluntary withdrawal of participation. The cost report shall	119118
include, as applicable, all of the following:	119119

(1) The sale price of the nursing facility ~~or intermediate~~	119120
~~care facility for the mentally retarded~~;	119121

(2) A final depreciation schedule that shows which assets are	119122
transferred to the buyer and which assets are not transferred to	119123
the buyer;	119124

(3) Any other information the department requires.

119125

(B) The department, at its sole discretion, may waive the	119126
requirement that an exiting operator file a cost report in	119127
accordance with division (A) of this section.	119128

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	119129
section ~~5111.682~~5165.522 of the Revised Code to file a cost	119130
report with the department of ~~job and family services~~medicaid	119131
fails to file the cost report in accordance with that section, all	119132
payments under the medicaid program for the period the cost report	119133
is required to cover are deemed overpayments until the date the	119134
department receives the properly completed cost report. The	119135
department may impose on the exiting operator a penalty of one	119136
hundred dollars for each calendar day the properly completed cost	119137
report is late.	119138

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	119139
~~services~~medicaid may not provide an exiting operator final	119140
payment under the medicaid program until the department receives	119141
all properly completed cost reports the exiting operator is	119142
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	119143
5165.522 of the Revised Code.	119144

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	119145
~~services~~medicaid shall determine the actual amount of debt an	119146
exiting operator owes the department and the United States centers	119147
for medicare and medicaid services under the medicaid program by	119148
completing all final fiscal audits not already completed and	119149
performing all other appropriate actions the department determines	119150
to be necessary. The department shall issue an initial debt	119151
summary report on this matter not later than sixty days after the	119152
date the exiting operator files the properly completed cost report	119153
required by section ~~5111.682~~5165.522 of the Revised Code with the	119154
department or, if the department waives the cost report	119155
requirement for the exiting operator, sixty days after the date	119156
the department waives the cost report requirement. The initial	119157
debt summary report becomes the final debt summary report	119158
thirty-one days after the department issues the initial debt	119159
summary report unless the exiting operator, or an affiliated	119160
operator who executes a successor liability agreement under	119161
section ~~5111.681~~5165.521 of the Revised Code, requests a review	119162
before that date.	119163

The exiting operator, and an affiliated operator who executes	119164
a successor liability agreement under section ~~5111.681~~5165.521 of	119165
the Revised Code, may request a review to contest any of the	119166
department's findings included in the initial debt summary report.	119167
The request for the review must be submitted to the department not	119168
later than thirty days after the date the department issues the	119169
initial debt summary report. The department shall conduct the	119170
review on receipt of a timely request and issue a revised debt	119171
summary report. If the department has withheld money from payment	119172
due the exiting operator under division (A) of section ~~5111.681~~	119173
5165.521 of the Revised Code, the department shall issue the	119174
revised debt summary report not later than ninety days after the	119175
date the department receives the timely request for the review	119176
unless the department and exiting operator or affiliated operator	119177
agree to a later date. The exiting operator or affiliated operator	119178
may submit information to the department explaining what the	119179
operator contests before and during the review, including	119180
documentation of the amount of any debt the department owes the	119181
operator. The exiting operator or affiliated operator may submit	119182
additional information to the department not later than thirty	119183
days after the department issues the revised debt summary report.	119184
The revised debt summary report becomes the final debt summary	119185
report thirty-one days after the department issues the revised	119186
debt summary report unless the exiting operator or affiliated	119187
operator timely submits additional information to the department.	119188
If the exiting operator or affiliated operator timely submits	119189
additional information to the department, the department shall	119190
consider the additional information and issue a final debt summary	119191
report not later than sixty days after the department issues the	119192
revised debt summary report unless the department and exiting	119193
operator or affiliated operator agree to a later date.	119194

Each debt summary report the department issues under this	119195
section shall include the department's findings and the amount of	119196
debt the department determines the exiting operator owes the	119197
department and United States centers for medicare and medicaid	119198
services under the medicaid program. The department shall explain	119199
its findings and determination in each debt summary report.	119200

The exiting operator, and an affiliated operator who executes	119201
a successor liability agreement under section ~~5111.681~~5165.521 of	119202
the Revised Code, may request, in accordance with Chapter 119. of	119203
the Revised Code, an adjudication regarding a finding in a final	119204
debt summary report that pertains to an audit or alleged	119205
overpayment made under the medicaid program to the exiting	119206
operator. The adjudication shall be consolidated with any other	119207
uncompleted adjudication that concerns a matter addressed in the	119208
final debt summary report.	119209

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	119210
~~services~~medicaid shall release the actual amount withheld under	119211
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	119212
less any amount the exiting operator owes the department and	119213
United States centers for medicare and medicaid services under the	119214
medicaid program, as follows:	119215

(A) Unless the department issues the initial debt summary	119216
report required by section ~~5111.685~~5165.525 of the Revised Code	119217
not later than sixty days after the date the exiting operator	119218
files the properly completed cost report required by section	119219
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	119220
date the exiting operator files the properly completed cost	119221
report;	119222

(B) If the department issues the initial debt summary report	119223
required by section ~~5111.685~~5165.525 of the Revised Code not	119224
later than sixty days after the date the exiting operator files a	119225
properly completed cost report required by section ~~5111.682~~	119226
5165.522 of the Revised Code, not later than the following:	119227

(1) Thirty days after the deadline for requesting an	119228
adjudication under section ~~5111.685~~5165.525 of the Revised Code	119229
regarding the final debt summary report if the exiting operator,	119230
and an affiliated operator who executes a successor liability	119231
agreement under section ~~5111.681~~5165.521 of the Revised Code,	119232
fail to request the adjudication on or before the deadline;	119233

(2) Thirty days after the completion of an adjudication of	119234
the final debt summary report if the exiting operator, or an	119235
affiliated operator who executes a successor liability agreement	119236
under section ~~5111.681~~5165.521 of the Revised Code, requests the	119237
adjudication on or before the deadline for requesting the	119238
adjudication.	119239

(C) Unless the department issues the initial debt summary	119240
report required by section ~~5111.685~~5165.525 of the Revised Code	119241
not later than sixty days after the date the department waives the	119242
cost report requirement of section ~~5111.682~~5165.522 of the	119243
Revised Code, sixty-one days after the date the department waives	119244
the cost report requirement;	119245

(D) If the department issues the initial debt summary report	119246
required by section ~~5111.685~~5165.525 of the Revised Code not	119247
later than sixty days after the date the department waives the	119248
cost report requirement of section ~~5111.682~~5165.522 of the	119249
Revised Code, not later than the following:	119250

(1) Thirty days after the deadline for requesting an	119251
adjudication under section ~~5111.685~~5165.525 of the Revised Code	119252
regarding the final debt summary report if the exiting operator,	119253
and an affiliated operator who executes a successor liability	119254
agreement under section ~~5111.681~~5165.521 of the Revised Code,	119255
fail to request the adjudication on or before the deadline;	119256

(2) Thirty days after the completion of an adjudication of	119257
the final debt summary report if the exiting operator, or an	119258
affiliated operator who executes a successor liability agreement	119259
under section ~~5111.681~~5165.521 of the Revised Code, requests the	119260
adjudication on or before the deadline for requesting the	119261
adjudication.	119262

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	119263
~~services~~medicaid, at its sole discretion, may release the amount	119264
withheld under division (A) of section ~~5111.681~~5165.521 of the	119265
Revised Code if the exiting operator submits to the department	119266
written notice of a postponement of a change of operator, facility	119267
closure, ~~voluntary termination,~~ or voluntary withdrawal of	119268
participation and the transactions leading to the change of	119269
operator, facility closure, ~~voluntary termination,~~ or voluntary	119270
withdrawal of participation are postponed for at least thirty days	119271
but less than ninety days after the date originally proposed for	119272
the change of operator, facility closure, ~~voluntary termination,~~	119273
or voluntary withdrawal of participation as reported in the	119274
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	119275
5165.51 of the Revised Code. The department shall release the	119276
amount withheld if the exiting operator submits to the department	119277
written notice of a cancellation or postponement of a change of	119278
operator, facility closure, ~~voluntary termination,~~ or voluntary	119279
withdrawal of participation and the transactions leading to the	119280
change of operator, facility closure, ~~voluntary termination,~~ or	119281
voluntary withdrawal of participation are canceled or postponed	119282
for more than ninety days after the date originally proposed for	119283
the change of operator, facility closure, ~~voluntary termination,~~	119284
or voluntary withdrawal of participation as reported in the	119285
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	119286
5165.51 of the Revised Code. A written notice shall be provided to	119287
the department in accordance with the method specified in rules	119288
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	119289
Revised Code.	119290

After the department receives a written notice regarding a	119291
cancellation or postponement of a facility closure~~, voluntary~~	119292
~~termination,~~ or voluntary withdrawal of participation, the exiting	119293
operator or owner shall provide new written notice to the	119294
department under section ~~5111.66~~5165.50 of the Revised Code	119295
regarding any transactions leading to a facility closure,	119296
~~voluntary termination,~~ or voluntary withdrawal of participation at	119297
a future time. After the department receives a written notice	119298
regarding a cancellation or postponement of a change of operator,	119299
the exiting operator or owner and entering operator shall provide	119300
new written notice to the department under section ~~5111.67~~5165.51	119301
of the Revised Code regarding any transactions leading to a change	119302
of operator at a future time.	119303

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	119304
section ~~5111.681~~5165.521 of the Revised Code from payment due an	119305
exiting operator under the medicaid program shall be deposited	119306
into the medicaid payment withholding fund created by the	119307
controlling board pursuant to section 131.35 of the Revised Code.	119308
Money in the fund shall be used as follows:	119309

(1) To pay an exiting operator when a withholding is released	119310
to the exiting operator under section ~~5111.686~~5165.526 or	119311
~~5111.687~~5165.527 of the Revised Code;	119312

(2) To pay the department of ~~job and family services~~medicaid	119313
and United States centers for medicare and medicaid services the	119314
amount an exiting operator owes the department and United States	119315
centers under the medicaid program.	119316

(B) Amounts paid from the medicaid payment withholding fund	119317
pursuant to division (A)(2) of this section shall be deposited	119318
into the appropriate department fund.	119319

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	119320
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	119321
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	119322
5165.53 of the Revised Code, including rules applicable to an	119323
exiting operator that provides written notification under section	119324
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	119325
participation. Rules adopted under this section shall comply with	119326
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	119327
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	119328
restrictions on transfers or discharges of nursing facility	119329
residents in the case of a voluntary withdrawal of participation.	119330
The rules may prescribe a medicaid ~~reimbursement~~payment	119331
methodology and other procedures that are applicable after the	119332
effective date of a voluntary withdrawal of participation that	119333
differ from the ~~reimbursement~~payment methodology and other	119334
procedures that would otherwise apply. The rules shall specify all	119335
of the following:	119336

(A) The method by which written notices to the department	119337
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	119338
Revised Code are to be provided;	119339

(B) The forms and documents that are to be provided to the	119340
department of medicaid under sections ~~5111.671~~5165.511 and	119341
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	119342
case of such forms and documents provided by entering operators,	119343
all the fully executed leases, management agreements, merger	119344
agreements and supporting documents, and fully executed sales	119345
contracts and any other supporting documents culminating in the	119346
change of operator;	119347

(C) The method by which the forms and documents identified in	119348
division (B) of this section are to be provided to the department.	119349

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	119350
rights" means the rights of a nursing facility resident under	119351
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	119352
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	119353
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	119354
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	119355
under those ~~subsections~~sections of the "Social Security Act."	119356

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	119357
Revised Code:	119358

(A) "Certification requirements" means the requirements for	119359
nursing facilities established under ~~sections 1819 and 1919 of~~ the	119360
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	119361
and 1396r.	119362

(B) "Compliance" means substantially meeting all applicable	119363
certification requirements.	119364

(C) "Contracting agency" means a state agency that has	119365
entered into a contract with the department of ~~job and family~~	119366
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	119367
Code.	119368

(D)(1) "Deficiency" means a finding cited by the department	119369
of health during a survey, on the basis of one or more actions,	119370
practices, situations, or incidents occurring at a nursing	119371
facility, that constitutes a severity level three finding,	119372
severity level four finding, scope level three finding, or scope	119373
level four finding. Whenever the finding is a repeat finding,	119374
"deficiency" also includes any finding that is a severity level	119375
two and scope level one finding, a severity level two and scope	119376
level two finding, or a severity level one and scope level two	119377
finding.	119378

(2) "Cluster of deficiencies" means deficiencies that result	119379
from noncompliance with two or more certification requirements and	119380
are causing or resulting from the same action, practice,	119381
situation, or incident.	119382

(E) "Emergency" means either of the following:

119383

(1) A deficiency or cluster of deficiencies that creates a	119384
condition of immediate jeopardy;	119385

(2) An unexpected situation or sudden occurrence of a serious	119386
or urgent nature that creates a substantial likelihood that one or	119387
more residents of a nursing facility may be seriously harmed if	119388
allowed to remain in the facility, including the following:	119389

(a) A flood or other natural disaster, civil disaster, or	119390
similar event;	119391

(b) A labor strike that suddenly causes the number of staff	119392
members in a nursing facility to be below that necessary for	119393
resident care.	119394

(F) "Finding" means a finding of noncompliance with	119395
certification requirements determined by the department of health	119396
under section ~~5111.41~~5165.66 of the Revised Code.	119397

(G) "Immediate jeopardy" means that one or more residents of	119398
a nursing facility are in imminent danger of serious physical or	119399
life-threatening harm.	119400

(H) "Medicaid eligible resident" means a person who is a	119401
resident of a nursing facility, or is applying for admission to a	119402
nursing facility, and is eligible ~~to receive financial assistance~~	119403
for nursing facility services under the ~~medical assistance~~	119404
medicaid program ~~for the care the person receives in such a~~	119405
~~facility~~.	119406

(I) "Noncompliance" means failure to substantially meet all	119407
applicable certification requirements.	119408

(J) "Nursing facility" ~~has the same meaning as in section~~	119409
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	119410
the extent the context requires.	119411

(K) ~~"Provider" means a person, institution, or entity that~~	119412
~~furnishes nursing facility services under a medical assistance~~	119413
~~program provider agreement.~~	119414

~~(L) "Provider agreement" means a contract between the~~	119415
~~department of job and family services and a provider for the~~	119416
~~provision of nursing facility services under the medicaid program.~~	119417

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	119418
or deficiency cited pursuant to a survey, to which both of the	119419
following apply:	119420

(1) The finding or deficiency involves noncompliance with the	119421
same certification requirement, and the same kind of actions,	119422
practices, situations, or incidents caused by or resulting from	119423
the noncompliance, as were cited in the immediately preceding	119424
standard survey or another survey conducted subsequent to the	119425
immediately preceding standard survey of the facility. For	119426
purposes of this division, actions, practices, situations, or	119427
incidents may be of the same kind even though they involve	119428
different residents, staff, or parts of the facility.	119429

(2) The finding or deficiency is cited subsequent to a	119430
determination by the department of health that the finding or	119431
deficiency cited on the immediately preceding standard survey, or	119432
another survey conducted subsequent to the immediately preceding	119433
standard survey, had been corrected.	119434

~~(N)~~(L)(1) "Scope level one finding" means a finding of	119435
noncompliance by a nursing facility in which the actions,	119436
situations, practices, or incidents causing or resulting from the	119437
noncompliance affect one or a very limited number of facility	119438
residents and involve one or a very limited number of facility	119439
staff members.	119440

(2) "Scope level two finding" means a finding of	119441
noncompliance by a nursing facility in which the actions,	119442
situations, practices, or incidents causing or resulting from the	119443
noncompliance affect more than a limited number of facility	119444
residents or involve more than a limited number of facility staff	119445
members, but the number or percentage of facility residents	119446
affected or staff members involved and the number or frequency of	119447
the actions, situations, practices, or incidents in short	119448
succession does not establish any reasonable degree of	119449
predictability of similar actions, situations, practices, or	119450
incidents occurring in the future.	119451

(3) "Scope level three finding" means a finding of	119452
noncompliance by a nursing facility in which the actions,	119453
situations, practices, or incidents causing or resulting from the	119454
noncompliance affect more than a limited number of facility	119455
residents or involve more than a limited number of facility staff	119456
members, and the number or percentage of facility residents	119457
affected or staff members involved or the number or frequency of	119458
the actions, situations, practices, or incidents in short	119459
succession establishes a reasonable degree of predictability of	119460
similar actions, situations, practices, or incidents occurring in	119461
the future.	119462

(4) "Scope level four finding" means a finding of	119463
noncompliance by a nursing facility causing or resulting from	119464
actions, situations, practices, or incidents that involve a	119465
sufficient number or percentage of facility residents or staff	119466
members or occur with sufficient regularity over time that the	119467
noncompliance can be considered systemic or pervasive in the	119468
facility.	119469

~~(O)~~(M)(1) "Severity level one finding" means a finding of	119470
noncompliance by a nursing facility that has not caused and, if	119471
continued, is unlikely to cause physical harm to a facility	119472
resident, mental or emotional harm to a resident, or a violation	119473
of a resident's rights that results in physical, mental, or	119474
emotional harm to the resident.	119475

(2) "Severity level two finding" means a finding of	119476
noncompliance by a nursing facility that, if continued over time,	119477
will cause, or is likely to cause, physical harm to a facility	119478
resident, mental or emotional harm to a resident, or a violation	119479
of a resident's rights that results in physical, mental, or	119480
emotional harm to the resident.	119481

(3) "Severity level three finding" means a finding of	119482
noncompliance by a nursing facility that has caused physical harm	119483
to a facility resident, mental or emotional harm to a resident, or	119484
a violation of a resident's rights that results in physical,	119485
mental, or emotional harm to the resident.	119486

(4) "Severity level four finding" means a finding of	119487
noncompliance by a nursing facility that has caused	119488
life-threatening harm to a facility resident or caused a	119489
resident's death.	119490

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	119491
of the Revised Code.	119492

~~(Q)~~(O) "Substandard care" means care furnished in a facility	119493
in which the department of health has cited a deficiency or	119494
deficiencies that constitute one of the following:	119495

(1) A severity level four finding, regardless of scope;

119496

(2) A severity level three and scope level four finding, in	119497
the quality of care provided to residents;	119498

(3) A severity level three and scope level three finding, in	119499
the quality of care provided to residents.	119500

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	119501
conducted under section ~~5111.39~~5165.64 of the Revised Code.	119502

(2) "Standard survey" means a survey conducted by the	119503
department of health under division (A) of section ~~5111.39~~5165.64	119504
of the Revised Code and includes an extended survey.	119505

(3) "Follow-up survey" means a survey conducted by the	119506
department of health to determine whether a nursing facility has	119507
substantially corrected deficiencies cited in a previous survey.	119508

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	119509
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	119510
of the Revised Code that are consistent with regulations,	119511
guidelines, and procedures issued by the United States secretary	119512
of health and human services under ~~sections 1819 and 1919 of~~ the	119513
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	119514
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	119515
administration and enforcement of sections ~~5111.35~~5165.60 to	119516
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	119517
issue appropriate regulations for enforcement of those sections	119518
~~1819 and 1919~~ of the "Social Security Act" on or before December	119519
13, 1990, the medicaid director ~~of job and family services~~ may	119520
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	119521
rules that are consistent with those sections and with sections	119522
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	119523

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	119524
~~services~~medicaid is hereby authorized to enforce sections	119525
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	119526
department may enforce the sections directly or through	119527
contracting agencies. The department and agencies shall enforce	119528
the sections in accordance with the requirements of ~~sections 1819~~	119529
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	119530
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	119531
1396r, that apply to nursing facilities; with regulations,	119532
guidelines, and procedures adopted by the United States secretary	119533
of health and human services for the enforcement of those sections	119534
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	119535
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	119536
Code. The department and agencies shall enforce sections ~~5111.35~~	119537
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	119538
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	119539
to the extent prescribed by the regulations, guidelines, and	119540
procedures issued by the secretary under ~~section 1819 of that act~~	119541
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	119542

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	119543
~~services~~medicaid may enter into contracts with other state	119544
agencies pursuant to section 5162.35 of the Revised Code that	119545
authorize the agencies to perform all or part of the duties	119546
assigned to the department of ~~job and family services~~medicaid	119547
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	119548
Code. Each contract shall specify the duties the agency is	119549
authorized to perform and the sections of the Revised Code under	119550
which the agency is authorized to perform those duties.	119551

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	119552
conduct a survey, titled a standard survey, of every nursing	119553
facility in this state on a statewide average of not more than	119554
once every twelve months. Each nursing facility shall undergo a	119555
standard survey at least once every fifteen months as a condition	119556
of meeting certification requirements. The department may extend a	119557
standard survey; such a survey is titled an extended survey.	119558

(B) The department may conduct surveys in addition to	119559
standard surveys when it considers them necessary.	119560

(C) The department shall conduct surveys in accordance with	119561
the regulations, guidelines, and procedures issued by the United	119562
States secretary of health and human services under ~~Titles~~Title	119563
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	119564
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	119565
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	119566
section 3721.022 of the Revised Code.	119567

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	119568
the department of health survey team shall conduct an exit	119569
interview with the administrator or other person in charge of the	119570
nursing facility and any other facility staff members designated	119571
by the administrator or person in charge of the facility. During	119572
the exit interview, at the request of the administrator or other	119573
person in charge of the facility, the survey team shall provide	119574
one of the following, as selected by the survey team:	119575

(1) Copies of all survey notes and any other written	119576
materials created during the survey;	119577

(2) A written summary of the survey team's recommendations	119578
regarding findings of noncompliance with certification	119579
requirements;	119580

(3) An audio or audiovisual recording of the interview. If	119581
the survey team selects this option, at least two copies of the	119582
recording shall be made and the survey team shall select one copy	119583
to be kept by the survey team for use by the department of health.	119584

(B) All expenses of copying under division (A)(1) of this	119585
section or recording under division (A)(3) of this section,	119586
including the cost of the copy of the recording kept by the survey	119587
team, shall be paid by the facility.	119588

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	119589
3721.17 of the Revised Code, a finding shall be cited only on the	119590
basis of a survey and a determination that one or more actions,	119591
practices, situations, or incidents at a nursing facility caused	119592
or resulted from the facility's failure to comply with one or more	119593
certification requirements. The department of health shall	119594
determine whether the actions, practices, situations, or incidents	119595
can be justified by either of the following:	119596

(1) The actions, practices, situations, or incidents resulted	119597
from a resident exercising the resident's rights guaranteed under	119598
the laws of the United States or of this state;	119599

(2) The actions, practices, situations, or incidents resulted	119600
from a facility following the orders of a person licensed under	119601
Chapter 4731. of the Revised Code to practice medicine or surgery	119602
or osteopathic medicine and surgery.	119603

(B) If the department of health determines both that the	119604
actions, practices, situations, or incidents cannot be justified	119605
by the factors identified in division (A) of this section and that	119606
one or more of the following are applicable, the department shall	119607
declare that the actions, practices, situations, or incidents	119608
constitute a finding:	119609

(1) The actions, practices, situations, or incidents could	119610
have been prevented by one or more persons involved in the	119611
facility's operation;	119612

(2) No person involved in the facility's operation identified	119613
the actions, practices, situations, or incidents prior to the	119614
survey;	119615

(3) Prior to the survey, no person involved in the facility's	119616
operation initiated action to correct the noncompliance caused by	119617
or resulting in the actions, practices, situations, or incidents;	119618

(4) The facility does not have in effect, if needed, a	119619
contingency plan that is reasonably calculated to prevent	119620
physical, mental, or emotional harm to residents while permanent	119621
corrective action is being taken.	119622

(C) The department of health shall determine the severity	119623
level and scope level of each finding.	119624

(D) A deficiency that is substantially corrected within the	119625
time limits specified in sections ~~5111.52~~5165.79 to	119626
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	119627
imposed, shall be counted as a deficiency for the purpose of	119628
determining whether a deficiency is a repeat deficiency.	119629

(E) Whenever the department of health determines that during	119630
the period between two surveys a finding existed at the facility,	119631
but the facility substantially corrected it prior to the second	119632
survey, the department shall cite it. However, the department of	119633
~~job and family services~~medicaid or a contracting agency shall	119634
impose a remedy only as provided in division (C) of section	119635
~~5111.46~~5165.72 of the Revised Code.	119636

(F) Immediately upon determining the severity and scope of a	119637
finding at a nursing facility, the department of health shall	119638
notify the department of ~~job and family services~~medicaid and any	119639
contracting agency of the finding, the severity and scope of the	119640
finding, and whether the finding creates immediate jeopardy.	119641
Immediately upon determining that an emergency exists at a	119642
facility that does not result from a deficiency that creates	119643
immediate jeopardy, the department of health shall notify the	119644
department of ~~job and family services~~medicaid and any contracting	119645
agency.	119646

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	119647
facility that is conducted under section ~~5111.39~~5165.64 of the	119648
Revised Code, including any statement of deficiencies and all	119649
findings and deficiencies cited in the statement on the basis of	119650
the survey, shall be used solely to determine the nursing	119651
facility's compliance with certification requirements or with this	119652
chapter or another chapter of the Revised Code. Those results of a	119653
survey, that statement of deficiencies, and the findings and	119654
deficiencies cited in that statement shall not be used in any	119655
court or in any action or proceeding that is pending in any court	119656
and are not admissible in evidence in any action or proceeding	119657
unless that action or proceeding is an appeal of an administrative	119658
action by the department of ~~job and family services~~medicaid or	119659
contracting agency under this chapter or is an action by any	119660
department or agency of the state to enforce this chapter or	119661
another chapter of the Revised Code.	119662

Nothing in this section prohibits the results of a survey, a	119663
statement of deficiencies, or the findings and deficiencies cited	119664
in that statement on the basis of the survey under this section	119665
from being used in a criminal investigation or prosecution.	119666

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	119667
exit interview, the department of health shall deliver to the	119668
nursing facility a detailed statement, titled a statement of	119669
deficiencies, setting forth all findings and deficiencies cited on	119670
the basis of the survey, including any finding cited pursuant to	119671
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	119672
statement shall indicate the severity and scope level of each	119673
finding and fully describe the incidents or other facts that form	119674
the basis of the department's determination of the existence of	119675
each finding and deficiency. A failure by the survey team to	119676
completely disclose in the exit interview every finding that may	119677
result from the survey does not affect the validity of any finding	119678
or deficiency cited in the statement of deficiencies. On request	119679
of the facility, the department shall provide a copy of any	119680
written worksheet or other document produced by the survey team in	119681
making recommendations regarding scope and severity levels of	119682
findings and deficiencies.	119683

(B) At the same time the department of health delivers a	119684
statement of deficiencies, it also shall deliver to the facility a	119685
separate written notice that states all of the following:	119686

(1) That the department of ~~job and family services~~medicaid	119687
or a contracting agency will issue an order under section ~~5111.57~~	119688
5165.84 of the Revised Code denying payment for any medicaid	119689
eligible residents admitted on and after the effective date of the	119690
order if the facility does not substantially correct, within	119691
ninety days after the exit interview, the deficiency or	119692
deficiencies cited in the statement of deficiencies in accordance	119693
with the plan of correction it submitted under section ~~5111.43~~	119694
5165.69 of the Revised Code;	119695

(2) If a condition of substandard care has been cited on the	119696
basis of a standard survey and a condition of substandard care was	119697
also cited on the immediately preceding standard survey, that the	119698
department of ~~job and family services~~medicaid or a contracting	119699
agency will issue an order under section ~~5111.57~~5165.84 of the	119700
Revised Code denying payment for any medicaid eligible residents	119701
admitted on and after the effective date of the order if a	119702
condition of substandard care is cited on the basis of the next	119703
standard survey;	119704

(3) That the department of ~~job and family services~~medicaid	119705
or a contracting agency will issue an order under section ~~5111.58~~	119706
5165.88 of the Revised Code terminating the facility's	119707
participation in the ~~medical assistance~~medicaid program if either	119708
of the following applies:	119709

(a) The facility does not substantially correct the	119710
deficiency or deficiencies in accordance with the plan of	119711
correction it submitted under section ~~5111.43~~5165.69 of the	119712
Revised Code within six months after the exit interview.	119713

(b) The facility substantially corrects the deficiency or	119714
deficiencies within the six-month period, but after correcting it,	119715
the department of health, based on a follow-up survey conducted	119716
during the remainder of the six-month period, determines that the	119717
facility has failed to maintain compliance with certification	119718
requirements.	119719

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	119720
receives a statement of deficiencies under section ~~5111.42~~5165.68	119721
of the Revised Code, the facility shall submit to the department	119722
of health for its approval a plan of correction for each finding	119723
cited in the statement. The plan shall ~~describe~~include all of the	119724
following:	119725

(1) Detailed descriptions of the actions the facility will	119726
take to correct each finding ~~and specify the~~, including actions	119727
the facility will take to protect residents situated similarly to	119728
the residents affected by the causes of the findings;	119729

(2) The date by which each finding will be corrected~~. In the~~	119730
~~case of~~;	119731

(3) A detailed description of an ongoing monitoring and	119732
improvement process to be used at the facility that is focused on	119733
preventing any recurrence of the causes of the findings;	119734

(4) If the plan concerns a finding assigned a severity level	119735
indicating that a resident was harmed or immediate jeopardy	119736
exists, all of the following:	119737

(a) Detailed analyses of the facts and circumstances of the	119738
finding, including identification of its root cause;	119739

(b) A detailed explanation of how the corrective actions	119740
described pursuant to division (A)(1) of this section relate to	119741
the root cause of the finding identified pursuant to division	119742
(A)(4)(a) of this section;	119743

(c) A detailed explanation of the relationship between the	119744
ongoing monitoring and improvement process described pursuant to	119745
division (A)(3) of this section and the root cause of the finding	119746
identified pursuant to division (A)(4)(a) of this section.	119747

(5) If the plan concerns a finding cited pursuant to division	119748
(E) of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	119749
~~describe~~a description of the actions the facility took to correct	119750
the finding and the date on which it was corrected.	119751

(B)(1) The department shall approve any plan, and any	119752
modification of an existing plan a nursing facility submits to the	119753
department, that ~~conforms~~does both of the following:	119754

(a) Conforms to the requirements for approval of plans of	119755
corrections, and modifications, established in the regulations,	119756
guidelines, and procedures issued by the United States secretary	119757
of health and human services under ~~Titles~~Title XVIII and Title	119758
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	119759
~~301, as amended~~;	119760

(b) Includes all the information required by division (A) of	119761
this section. ~~The department also shall approve any modification~~	119762
~~of an existing plan submitted by a facility, if the plan as~~	119763
~~modified conforms to those regulations, guidelines, and~~	119764
~~procedures. The~~	119765

(2) The department shall consult with the department of	119766
medicaid, department of aging, and office of the state long-term	119767
care ombudsman program when determining whether a plan, or	119768
modification of an existing plan, to which division (A)(4) of this	119769
section applies conforms to the requirements for approval. The	119770
department shall not reject a facility's plan of correction or	119771
modification on the ground that the facility disputes the finding,	119772
if the plan or modification is reasonably calculated to correct	119773
the finding.	119774

(C) A facility that complies with this section shall not be	119775
considered to have admitted the existence of a finding cited by	119776
the department.	119777

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	119778
employees of the department to conduct on-site monitoring of a	119779
nursing facility whenever a finding is cited, including any	119780
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	119781
of the Revised Code, or an emergency is found to exist.	119782
Appointment of monitors under this section is not subject to	119783
appeal under section ~~5111.60~~5165.87 or any other section of the	119784
Revised Code. No employee of a facility for which monitors are	119785
appointed, no person employed by the facility within the previous	119786
two years, and no person who currently has a consulting or other	119787
contract with the department or the facility, shall be appointed	119788
as a monitor under this section. Every monitor appointed under	119789
this section shall have the professional qualifications necessary	119790
to monitor correction of the finding or elimination of the	119791
emergency.	119792

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	119793
a deficiency or deficiencies that was not substantially corrected	119794
before a survey and that does not constitute a severity level four	119795
finding or create immediate jeopardy, the department of ~~job and~~	119796
~~family services~~medicaid or a contracting agency shall permit the	119797
nursing facility to continue participating in the ~~medical~~	119798
~~assistance~~medicaid program for up to six months after the exit	119799
interview, if all of the following apply:	119800

(1) The facility meets the requirements, established in	119801
regulations issued by the United States secretary of health and	119802
human services under Title XIX ~~of the "Social Security Act," 49~~	119803
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	119804
of nursing facilities that have a deficiency.	119805

(2) The department of health has approved a plan of	119806
correction submitted by the facility under section ~~5111.43~~5165.69	119807
of the Revised Code for each deficiency.	119808

(3) The provider agrees to repay the department of ~~job and~~	119809
~~family services~~medicaid, in accordance with section ~~5111.58~~	119810
5165.85 of the Revised Code, the federal share of all payments	119811
made by the department to the facility during the six-month period	119812
following the exit interview if the facility does not within the	119813
six-month period substantially correct the deficiency or	119814
deficiencies in accordance with the plan of correction submitted	119815
under section ~~5111.43~~5165.69 of the Revised Code.	119816

(B) If any of the conditions in divisions (A)(1) to (3) of	119817
this section do not apply, the department of ~~job and family~~	119818
~~services~~medicaid or contracting agency shall issue an order	119819
terminating the facility's participation in the ~~medical assistance~~	119820
medicaid program. An order issued under this division is subject	119821
to appeal under Chapter 119. of the Revised Code. The order shall	119822
not take effect prior to the later of the thirtieth day after it	119823
is delivered to the facility or, if the order is appealed, the	119824
date on which a final adjudication order upholding the termination	119825
becomes effective pursuant to Chapter 119. of the Revised Code.	119826

(C) At the time the department of ~~job and family services~~	119827
medicaid or contracting agency issues an order under division (B)	119828
of this section terminating a nursing facility's participation in	119829
the ~~medical assistance~~medicaid program, it may also impose,	119830
subject to section ~~5111.50~~5165.76 of the Revised Code, other	119831
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	119832
Revised Code.	119833

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	119834
a deficiency, or cluster of deficiencies, that was not	119835
substantially corrected before a survey and constitutes a severity	119836
level four finding, the department of ~~job and family services~~	119837
medicaid or contracting agency shall, subject to sections ~~5111.52~~	119838
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	119839
for the deficiency or cluster of deficiencies. The department or	119840
agency may act under either division (A)(1) or (2) of this	119841
section:	119842

(1) The department or agency may impose one or more of the	119843
following remedies:	119844

(a) Issue an order terminating the nursing facility's	119845
participation in the ~~medical assistance~~medicaid program.	119846

(b) Do either of the following:

119847

(i) Regardless of whether the provider consents, appoint a	119848
temporary manager of the facility.	119849

(ii) Apply to the common pleas court of the county in which	119850
the facility is located for such injunctive or other equitable	119851
relief as is necessary for the appointment of a special master	119852
with such powers and authority over the facility and length of	119853
appointment as the court considers necessary.	119854

119855

(i) Issue an order denying ~~payment~~medicaid payments to the	119856
facility ~~under the medical assistance program~~ for all medicaid	119857
eligible residents admitted after the effective date of the order;	119858

(ii) Impose a fine.

119859

(d) Issue an order denying ~~payment~~medicaid payments to the	119860
facility ~~under the medical assistance program~~ for medicaid	119861
eligible residents admitted after the effective date of the order	119862
who have certain diagnoses or special care needs specified by the	119863
department or agency.	119864

(2) The department or agency may impose one or more of the	119865
following remedies:	119866

(a) Appoint, subject to the continuing consent of the	119867
provider, a temporary manager of the facility;	119868

(b) Do either of the following:

119869

(i) Regardless of whether the provider consents, appoint a	119870
temporary manager of the facility;	119871

(ii) Apply to the common pleas court of the county in which	119872
the facility is located for such injunctive or other equitable	119873
relief as is necessary for the appointment of a special master	119874
with such powers and authority over the facility and length of	119875
appointment as the court considers necessary.	119876

119877

(i) Issue an order denying ~~payment~~medicaid payments to the	119878
facility ~~under the medical assistance program~~ for all medicaid	119879
eligible residents admitted after the effective date of the order;	119880

(ii) Impose a fine.

119881

(d) Issue an order denying ~~payment~~medicaid payments to the	119882
facility ~~under the medical assistance program~~ for medicaid	119883
eligible residents admitted after the effective date of the order	119884
who have certain diagnoses or special care needs specified by the	119885
department or agency;	119886

(e) Issue an order requiring the facility to correct the	119887
deficiency or cluster of deficiencies under the plan of correction	119888
submitted by the facility and approved by the department of health	119889
under section ~~5111.43~~5165.69 of the Revised Code.	119890

(B) The department of ~~job and family services~~medicaid or	119891
contracting agency shall deliver a written order issued under	119892
division (A)(1) of this section terminating a nursing facility's	119893
participation in the ~~medical assistance~~medicaid program to the	119894
facility within five days after the exit interview. If the	119895
facility alleges, at any time prior to the later of the twentieth	119896
day after the exit interview or the fifteenth day after it	119897
receives the order, that the deficiency or cluster of deficiencies	119898
for which the order was issued has been substantially corrected,	119899
the department of health shall conduct a follow-up survey to	119900
determine whether the deficiency or cluster of deficiencies has	119901
been substantially corrected. The order shall take effect and the	119902
facility's participation shall terminate on the twentieth day	119903
after the exit interview, unless the facility has substantially	119904
corrected the deficiency or cluster of deficiencies that	119905
constituted a severity level four finding or did not receive	119906
notice from the department of ~~job and family services~~medicaid or	119907
contracting agency within five days after the exit interview. In	119908
the latter case, the order shall take effect and the facility's	119909
participation shall terminate on the fifteenth day after the	119910
facility received the order.	119911

(C) If the department of health cites a deficiency or cluster	119912
of deficiencies pursuant to division (E) of section ~~5111.41~~	119913
5165.66 of the Revised Code that constituted a severity level four	119914
finding, the department of ~~job and family services~~medicaid or a	119915
contracting agency shall, subject to section ~~5111.56~~5165.83 of	119916
the Revised Code, impose a fine. The fine shall be in effect for a	119917
period equal to the number of days the deficiency or cluster of	119918
deficiencies existed at the facility.	119919

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	119920
deficiency, or cluster of deficiencies, that was not substantially	119921
corrected before a survey and constitutes a severity level three	119922
and scope level three or four finding, the department of ~~job and~~	119923
~~family services~~medicaid or a contracting agency may, subject to	119924
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	119925
impose one or more of the following remedies:	119926

(A) Do either of the following:

119927

(1) Issue an order denying ~~payment~~medicaid payments to the	119928
facility ~~under the medical assistance program~~ for all medicaid	119929
eligible residents admitted after the effective date of the order;	119930

(2) Impose a fine.

119931

(B) Issue an order denying ~~payment~~medicaid payments to the	119932
facility ~~under the medical assistance program~~ for medicaid	119933
eligible residents admitted after the effective date of the order	119934
who have certain diagnoses or special care needs specified by the	119935
department or agency;	119936

(C) Issue an order requiring the facility to correct the	119937
deficiency or cluster of deficiencies under the plan of correction	119938
submitted by the facility and approved by the department of health	119939
under section ~~5111.43~~5165.69 of the Revised Code.	119940

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	119941
a deficiency, or cluster of deficiencies, that was not	119942
substantially corrected before a survey and constitutes a severity	119943
level three and scope level two finding, the department of ~~job and~~	119944
~~family services~~medicaid or a contracting agency may, subject to	119945
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	119946
impose one or more of the following remedies:	119947

(1) Do either of the following:

119948

(a) Issue an order denying ~~payment~~medicaid payments to the	119949
facility ~~under the medical assistance program~~ for all medicaid	119950
eligible residents admitted after the effective date of the order;	119951

(b) Impose a fine.

119952

(2) Issue an order denying ~~payment~~medicaid payments to the	119953
facility ~~under the medical assistance program~~ for medicaid	119954
eligible residents admitted after the effective date of the order	119955
who have certain diagnoses or special care needs specified by the	119956
department or agency;	119957

(3) Issue an order requiring the facility to correct the	119958
deficiency or cluster of deficiencies under the plan of correction	119959
proposed by the facility and approved by the department of health	119960
under section ~~5111.43~~5165.69 of the Revised Code.	119961

(B) If the department of health cites a deficiency, or	119962
cluster of deficiencies, that was not substantially corrected	119963
before a survey and constitutes a severity level three and scope	119964
level one finding, the department of ~~job and family services~~	119965
medicaid or a contracting agency may, subject to sections ~~5111.55~~	119966
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	119967
more of the following remedies:	119968

(1) Impose a fine;

119969

(2) Issue an order denying ~~payment~~medicaid payments to the	119970
facility ~~under the medical assistance program~~ for medicaid	119971
eligible residents admitted after the effective date of the order	119972
who have certain diagnoses or special care needs specified by the	119973
department or agency;	119974

(3) Issue an order requiring the facility to correct the	119975
deficiency or cluster of deficiencies under the plan of correction	119976
proposed by the facility and approved by the department of health	119977
under section ~~5111.43~~5165.69 of the Revised Code.	119978

(C) If the department of health cites a deficiency, or	119979
cluster of deficiencies, that was not substantially corrected	119980
before a survey and constitutes a severity level two and a scope	119981
level three or four finding, the department of ~~job and family~~	119982
~~services~~medicaid or a contracting agency may, subject to sections	119983
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	119984
one or more of the following remedies:	119985

(1) Impose a fine;

119986

(2) Issue an order denying ~~payment~~medicaid payments to the	119987
facility ~~under the medical assistance program~~ for medicaid	119988
eligible residents admitted after the effective date of the order	119989
who have certain diagnoses or special care needs specified by the	119990
department or agency;	119991

(3) Issue an order requiring the facility to correct the	119992
deficiency or cluster of deficiencies under the plan of correction	119993
submitted by the facility and approved by the department of health	119994
under section ~~5111.43~~5165.69 of the Revised Code.	119995

(D) If the department of health cites a deficiency, or	119996
cluster of deficiencies, that was not substantially corrected	119997
before a survey, constitutes a severity level two and scope level	119998
one or two finding, and is a repeat finding, the department of ~~job~~	119999
~~and family services~~medicaid or a contracting agency may issue an	120000
order requiring the facility to correct the deficiency or cluster	120001
of deficiencies under the plan of correction submitted by the	120002
facility and approved by the department of health under section	120003
~~5111.43~~5165.69 of the Revised Code.	120004

(E) If the department of health cites a deficiency, or	120005
cluster of deficiencies, that was not substantially corrected	120006
before a survey and constitutes a severity level one and scope	120007
level three or four finding, the department of ~~job and family~~	120008
~~services~~medicaid or a contracting agency may issue an order	120009
requiring the facility to correct the deficiency or cluster of	120010
deficiencies under the plan of correction submitted by the	120011
facility and approved by the department of health under section	120012
~~5111.43~~5165.69 of the Revised Code.	120013

(F) If the department of health cites a deficiency, or	120014
cluster of deficiencies, that was not substantially corrected	120015
before a survey, constitutes a severity level one and scope level	120016
two finding, and is a repeat finding, the department of ~~job and~~	120017
~~family services~~medicaid or a contracting agency may issue an	120018
order requiring the facility to correct the deficiency or cluster	120019
of deficiencies under the plan of correction submitted by the	120020
facility and approved by the department of health under section	120021
~~5111.43~~5165.69 of the Revised Code.	120022

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	120023
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	120024
5165.74 of the Revised Code, including whether a fine should be	120025
imposed, the department of ~~job and family services~~medicaid or a	120026
contracting agency shall do both of the following:	120027

(1) Impose the remedies that are most likely to achieve	120028
correction of deficiencies, encourage sustained compliance with	120029
certification requirements, and protect the health, safety, and	120030
rights of facility residents, but that are not directed at	120031
punishment of the facility;	120032

(2) Consider all of the following:

120033

(a) The presence or absence of immediate jeopardy;

120034

(b) The relationships of groups of deficiencies to each	120035
other;	120036

(c) The facility's history of compliance with certification	120037
requirements generally and in the specific area of the deficiency	120038
or deficiencies;	120039

(d) Whether the deficiency or deficiencies are directly	120040
related to resident care;	120041

(e) The corrective, long-term compliance, resident	120042
protective, and nonpunitive outcomes sought by the department or	120043
agency;	120044

(f) The nature, scope, and duration of the noncompliance with	120045
certification requirements;	120046

(g) The existence of repeat deficiencies;

120047

(h) The category of certification requirements with which the	120048
facility is out of compliance;	120049

(i) Any period of noncompliance with certification	120050
requirements that occurred between two certifications by the	120051
department of health that the facility was in compliance with	120052
certification requirements;	120053

(j) The facility's degree of culpability;

120054

(k) The accuracy, extent, and availability of facility	120055
records;	120056

(l) The facility's financial condition, exclusive of any	120057
moneys donated to a facility that is an organization described in	120058
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	120059
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	120060
1;	120061

(m) Any adverse effect that the action or fine would have on	120062
the health and safety of facility residents;	120063

(n) If the noncompliance that resulted in the citation of a	120064
deficiency or cluster of deficiencies existed before a change in	120065
ownership of the facility, whether the new owner or owners have	120066
had sufficient time to correct the noncompliance.	120067

(B) Whenever the department or agency imposes remedies under	120068
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	120069
the Revised Code, it shall provide a written statement to the	120070
nursing facility that specifies all of the following:	120071

(1) The effective date of each remedy;

120072

(2) The deficiency or cluster of deficiencies for which each	120073
remedy is imposed;	120074

(3) The severity and scope of the deficiency or cluster of	120075
deficiencies;	120076

(4) The rationale, including all applicable factors specified	120077
in division (A) of this section, for imposing the remedies.	120078

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	120079
~~family services~~medicaid or a contracting agency, under section	120080
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	120081
Revised Code, issues an order terminating a nursing facility's	120082
participation in the ~~medical assistance~~medicaid program, the	120083
department or agency may also impose a fine, in accordance with	120084
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	120085
the Revised Code, to be collected in the event the termination	120086
order does not take effect. The department or agency shall not	120087
collect this fine if the termination order takes effect.	120088

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	120089
during a survey that an emergency exists at a nursing facility, as	120090
the result of a deficiency or cluster of deficiencies that creates	120091
immediate jeopardy, the department of ~~job and family services~~	120092
medicaid or a contracting agency shall impose one or more of the	120093
remedies described in division (A)(1) of this section and, in	120094
addition, may take one or both of the actions described in	120095
division (A)(2) of this section.	120096

(1) The department or agency shall impose one or more of the	120097
following remedies:	120098

(a) Appoint, subject to the continuing consent of the	120099
provider, a temporary manager of the facility;	120100

(b) Apply to the common pleas court of the county in which	120101
the facility is located for a temporary restraining order,	120102
preliminary injunction, or such other injunctive or equitable	120103
relief as is necessary to close the facility, transfer one or more	120104
residents to other nursing facilities or other appropriate care	120105
settings, or otherwise eliminate the condition of immediate	120106
jeopardy. If the court grants such an order, injunction, or	120107
relief, it may appoint a special master empowered to implement the	120108
court's judgment under the court's direct supervision.	120109

(c) Issue an order terminating the facility's participation	120110
in the ~~medical assistance~~medicaid program;	120111

(d) Regardless of whether the provider consents, appoint a	120112
temporary manager of the facility.	120113

(2) The department or agency may do one or both of the	120114
following:	120115

(a) Issue an order denying ~~payment~~medicaid payments to the	120116
facility for all medicaid eligible residents admitted after the	120117
effective date of the order;	120118

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	120119
5165.74 of the Revised Code appropriate to the severity and scope	120120
of the deficiency or cluster of deficiencies, except that the	120121
department or agency shall not impose a fine for the same	120122
deficiency for which the department or agency has issued an order	120123
under division (A)(2)(a) of this section.	120124

(B) If the department of health, department of ~~job and family~~	120125
~~services~~medicaid, or a contracting agency finds on the basis of a	120126
survey or other visit to the facility by representatives of that	120127
department or agency that an emergency exists at a facility that	120128
is not the result of a deficiency or cluster of deficiencies that	120129
constitutes immediate jeopardy, the department of ~~job and family~~	120130
~~services~~medicaid or contracting agency may do either of the	120131
following:	120132

(1) Appoint, subject to the continuing consent of the	120133
provider, a temporary manager of the facility;	120134

(2) Apply to the common pleas court of the county in which	120135
the facility is located for a temporary restraining order,	120136
preliminary injunction, or such other injunctive or equitable	120137
relief as is necessary to close the facility, transfer one or more	120138
residents to other nursing facilities or other appropriate care	120139
settings, or otherwise eliminate the emergency. If the court	120140
grants such an order, injunction, or relief, it may appoint a	120141
special master empowered to implement the court's judgment under	120142
the court's direct supervision.	120143

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	120144
(2), or (B)(2) of this section, the department of ~~job and family~~	120145
~~services~~medicaid or contracting agency shall give written notice	120146
to the facility specifying all of the following:	120147

(a) The nature of the emergency, including the nature of any	120148
deficiency or deficiencies that caused the emergency;	120149

(b) The nature of the action the department or agency intends	120150
to take unless the department of health determines that the	120151
facility, in the absence of state intervention, possesses the	120152
capacity to eliminate the emergency;	120153

120154

(2) If the department of health determines that the facility	120155
does not possess the capacity to eliminate the emergency in the	120156
absence of state intervention, the department of ~~job and family~~	120157
~~services~~medicaid or contracting agency may immediately take	120158
action under division (A) or (B) of this section. If the	120159
department of health determines that the facility possesses the	120160
capacity to eliminate the emergency, the department of ~~job and~~	120161
~~family services~~medicaid or contracting agency shall direct the	120162
facility to eliminate the emergency within five days after the	120163
facility's receipt of the notice. At the end of the five-day	120164
period, the department of health shall conduct a follow-up survey	120165
that focuses on the emergency. If the department of health	120166
determines that the facility has eliminated the emergency within	120167
the time period, the department of ~~job and family services~~	120168
medicaid or contracting agency shall not act under division	120169
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	120170
department of health determines that the facility has failed to	120171
eliminate the emergency within the five-day period, the department	120172
of ~~job and family services~~medicaid or contracting agency shall	120173
take appropriate action under division (A)(1)(b), (c), (d), or	120174
(2), or (B)(2) of this section.	120175

(3) Until the written notice required by division (C)(1) of	120176
this section is actually delivered, no action taken by the	120177
department of ~~job and family services~~medicaid or contracting	120178
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	120179
this section shall have any legal effect. In addition to the	120180
written notice, the department of health survey team shall give	120181
oral notice to the facility, at the time of the survey, concerning	120182
any recommendations the survey team intends to make that could	120183
form the basis of a determination that an emergency exists.	120184

(D) The department of ~~job and family services~~medicaid or	120185
contracting agency shall deliver a written order issued under	120186
division (A)(1) of this section terminating a nursing facility's	120187
participation in the ~~medical assistance~~medicaid program to the	120188
facility within five days after the exit interview. If the	120189
facility alleges, at any time prior to the later of the twentieth	120190
day after the exit interview or the fifteenth day after it	120191
receives the order, that the condition of immediate jeopardy for	120192
which the order was issued has been eliminated, the department of	120193
health shall conduct a follow-up survey to determine whether the	120194
immediate jeopardy has been eliminated. The order shall take	120195
effect and the facility's participation shall terminate on the	120196
twentieth day after the exit interview, unless the facility has	120197
eliminated the immediate jeopardy or did not receive notice from	120198
the department of ~~job and family services~~medicaid or contracting	120199
agency within five days after the exit interview. In the latter	120200
case, the order shall take effect and the facility's participation	120201
shall terminate on the fifteenth day after the facility received	120202
the order.	120203

(E) Any action taken by the department of ~~job and family~~	120204
~~services~~medicaid or a contracting agency under division	120205
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	120206
under Chapter 119. of the Revised Code, except that the department	120207
or agency may take such action prior to and during the pendency of	120208
any proceeding under that chapter. No action taken by a facility	120209
under division (C) of this section to eliminate an emergency cited	120210
by the department of health shall be considered an admission by	120211
the facility of the existence of an emergency.	120212

Sec. 5165.771. (A) As used in this section:

120213

"SFF list" means the list of nursing facilities that the	120214
United States department of health and human services creates	120215
under the special focus facility program.	120216

"Special focus facility program" means the program conducted	120217
by the United States secretary of health and human services	120218
pursuant to the "Social Security Act," section 1919(f)(10), 42	120219
U.S.C. 1396r(f)(10).	120220

"Table A" means the table included in the SFF list that	120221
identifies nursing facilities that are newly added to the SFF	120222
list.	120223

"Table B" means the table included in the SFF list that	120224
identifies nursing facilities that have not improved.	120225

"Table C" means the table included in the SFF list that	120226
identifies nursing facilities that have shown improvement.	120227

"Table D" means the table included in the SFF list that	120228
identifies nursing facilities that have recently graduated from	120229
the special focus facility program.	120230

(B) The department of medicaid shall issue an order	120231
terminating a nursing facility's participation in the medicaid	120232
program if any of the following apply:	120233

(1) The nursing facility is listed in table A or table B on	120234
the effective date of this section and fails to be placed in table	120235
C not later than twelve months after the effective date of this	120236
section;	120237

(2) The nursing facility is listed in table A, table B, or	120238
table C on the effective date of this section and fails to be	120239
placed in table D not later than twenty-four months after the	120240
effective date of this section;	120241

(3) The nursing facility is placed in table A after the	120242
effective date of this section and fails to be placed in table C	120243
not later than twelve months after the nursing facility is placed	120244
in table A;	120245

(4) The nursing facility is placed in table A after the	120246
effective date of this section and fails to be placed in table D	120247
not later than twenty-four months after the nursing facility is	120248
placed in table A.	120249

(C) An order issued under this section is not subject to	120250
appeal under Chapter 119. of the Revised Code.	120251

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	120252
~~family services~~medicaid determines that a nursing facility is	120253
experiencing or is likely to experience a serious financial loss	120254
or failure that jeopardizes or is likely to jeopardize the health,	120255
safety, and welfare of its residents, the department, subject to	120256
the provider's consent, may appoint a temporary resident safety	120257
assurance manager in the nursing facility to take actions the	120258
department determines are appropriate to ensure the health,	120259
safety, and welfare of the residents.	120260

(B) A temporary resident safety assurance manager appointed	120261
under this section is vested with the authority necessary to take	120262
actions the department of ~~job and family services~~medicaid	120263
determines are appropriate to ensure the health, safety, and	120264
welfare of the residents.	120265

(C) A temporary resident safety assurance manager appointed	120266
under this section may use any of the following funds to pay for	120267
costs the manager incurs on behalf of the nursing facility:	120268

(1) Medicaid payments made in accordance with the provider	120269
agreement for the nursing facility;	120270

(2) Funds from the residents protection fund that the	120271
department provides the manager under section ~~5111.62~~5162.66 of	120272
the Revised Code;	120273

(3) Other funds the department determines are appropriate if	120274
such use of the funds is consistent with the appropriations that	120275
authorize the use of the funds and all other state and federal	120276
laws governing the use of the funds.	120277

(D) The provider is liable to the department for the amount	120278
of any payments the department makes to the temporary resident	120279
safety assurance manager, other than payments specified in	120280
division (C)(1) of this section. The department may recover the	120281
amount the provider owes the department by doing any of the	120282
following:	120283

(1) Offsetting medicaid payments made to the provider in	120284
accordance with the provider agreement;	120285

(2) Placing a lien on any of the provider's real and personal	120286
property;	120287

(3) Initiating other collection actions.

120288

(E) No action the department takes under this section is	120289
subject to appeal under Chapter 119. of the Revised Code.	120290

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	120291
5165.61 of the Revised Code, the medicaid director ~~of job and~~	120292
~~family services~~ may establish all of the following:	120293

(1) Qualifications persons must meet to be appointed	120294
temporary resident safety assurance managers under this section;	120295

(2) Procedures for maintaining a list of qualified temporary	120296
resident safety assurance managers;	120297

(3) Procedures consistent with federal law for paying for the	120298
services of temporary resident safety assurance managers;	120299

(4) Accounting and reporting requirements for temporary	120300
resident safety assurance managers;	120301

(5) Other procedures and requirements the director determines	120302
are necessary to implement this section.	120303

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	120304
"terminating" includes not renewing.	120305

(B) A nursing facility's participation in the ~~medical~~	120306
~~assistance~~medicaid program shall be terminated under sections	120307
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	120308
follows:	120309

(1) If the department of ~~job and family services~~medicaid is	120310
terminating the facility's participation, it shall issue an order	120311
terminating the facility's provider agreement.	120312

(2) If the department of health, acting as a contracting	120313
agency, is terminating the facility's participation, it shall	120314
issue an order terminating certification of the facility's	120315
compliance with certification requirements. When the department of	120316
health terminates certification, the department of ~~job and family~~	120317
~~services~~medicaid shall terminate the facility's provider	120318
agreement. The department of ~~job and family services~~medicaid is	120319
not required to provide an adjudication hearing when it terminates	120320
a provider agreement following termination of certification by the	120321
department of health.	120322

(3) If a state agency other than the department of health,	120323
acting as a contracting agency, is terminating the facility's	120324
participation, it shall notify the department of ~~job and family~~	120325
~~services~~medicaid, and the department of ~~job and family services~~	120326
medicaid shall issue an order terminating the facility's provider	120327
agreement. The contracting agency shall conduct any administrative	120328
proceedings concerning the order.	120329

(C) If the following conditions are met, the department of	120330
~~job and family services~~medicaid may make ~~medical assistance~~	120331
medicaid payments to a nursing facility for a period not exceeding	120332
thirty days after the effective date of termination under sections	120333
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	120334
facility's participation in the ~~medical assistance~~medicaid	120335
program:	120336

(1) The payments are for medicaid eligible residents admitted	120337
to the facility prior to the effective date of the termination;	120338

(2) The provider is making reasonable efforts to transfer	120339
medicaid eligible residents to other care settings.	120340

The period during which payments may be made under this	120341
division begins on the later of the effective date of the	120342
termination or, if the facility has appealed a termination order,	120343
the date of issuance of the adjudication order upholding	120344
termination.	120345

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	120346
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	120347
Revised Code, the department of ~~job and family services~~medicaid	120348
or contracting agency shall arrange for the safe and orderly	120349
transfer of all residents, including residents who are not	120350
medicaid eligible residents, to other appropriate care settings.	120351
Whenever a nursing facility's participation in the ~~medical~~	120352
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	120353
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	120354
agency shall arrange for the safe and orderly transfer of all	120355
medicaid eligible residents or, if the termination results in the	120356
closure of the facility, of all residents. The provider and all	120357
persons involved in the facility's operation shall cooperate with	120358
and assist in the transfer of residents.	120359

(B) After a nursing facility's participation in the ~~medical~~	120360
~~assistance~~medicaid program is terminated under section ~~5111.45~~	120361
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	120362
5165.85 of the Revised Code, the department of ~~job and family~~	120363
~~services~~medicaid or contracting agency may appoint a temporary	120364
manager subject to the continuing consent of the provider, or may	120365
apply to the common pleas court of the county in which the	120366
facility is located for such injunctive relief as is necessary for	120367
the appointment of a special master, to ensure the transfer of	120368
medicaid eligible residents to other appropriate care settings	120369
and, if applicable, the orderly closure of the facility.	120370

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	120371
facility appointed by the department of ~~job and family services~~	120372
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	120373
~~5111.62~~5165.89 of the Revised Code shall meet all of the	120374
following qualifications:	120375

(1) Be licensed as a nursing home administrator under Chapter	120376
4751. of the Revised Code;	120377

(2) Have demonstrated competence as a nursing home	120378
administrator;	120379

(3) Have had no disciplinary action taken against the	120380
temporary manager by any licensing board or professional society	120381
in this state.	120382

(B) The salary of a temporary manager or special master	120383
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	120384
Revised Code shall be paid by the facility and set by the	120385
department of ~~job and family services~~medicaid or contracting	120386
agency, in the case of a temporary manager, or by the court, in	120387
the case of a special master, at a rate not to exceed the maximum	120388
allowable compensation for an administrator under the ~~medical~~	120389
~~assistance~~medicaid program. The extent to which this compensation	120390
is allowable under the ~~medical assistance~~medicaid program is	120391
subject to and limited by this chapter and rules ~~of the department~~	120392
adopted under section 5165.02 of the Revised Code.	120393

Subject to division (C) of this section, any costs incurred	120394
on behalf of a nursing facility by a temporary manager or special	120395
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	120396
of the Revised Code shall be paid by the facility. The	120397
allowability of these costs under the ~~medical assistance~~medicaid	120398
program shall be subject to and governed by this chapter and ~~the~~	120399
rules ~~of the department~~adopted under section 5165.02 of the	120400
Revised Code. This division does not prohibit a facility from	120401
applying for or receiving any waiver of cost ceilings available	120402
under the rules ~~of the department~~.	120403

(C) No temporary manager or special master appointed under	120404
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	120405
shall enter into any employment contract on behalf of a facility,	120406
or purchase any capital goods using facility funds totaling more	120407
than ten thousand dollars, unless the temporary manager or special	120408
master has obtained prior approval for the contract or purchase	120409
from either the provider or the court.	120410

(D)(1) A temporary manager appointed for a nursing facility	120411
under section ~~5111.46~~5165.72 of the Revised Code is hereby	120412
vested, subject to division (C) of this section, with the legal	120413
authority necessary to correct any deficiency or cluster of	120414
deficiencies at a facility, bring the facility into compliance	120415
with certification requirements, and otherwise ensure the health	120416
and safety of the residents.	120417

(2) A temporary manager appointed under section ~~5111.51~~	120418
5165.77 of the Revised Code is hereby vested, subject to division	120419
(C) of this section, with the authority necessary to eliminate the	120420
emergency, bring the facility into compliance with certification	120421
requirements, and otherwise ensure the health and safety of the	120422
residents.	120423

(3) A temporary manager appointed under section ~~5111.53~~	120424
5165.80 of the Revised Code is hereby vested, subject to division	120425
(C) of this section, with the authority necessary to ensure the	120426
transfer of medicaid eligible residents to other appropriate care	120427
settings and, if applicable, the orderly closure of the facility,	120428
and to otherwise ensure the health and safety of the residents.	120429

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	120430
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	120431
manager or apply for a special master, the department of ~~job and~~	120432
~~family services~~medicaid or contracting agency shall order the	120433
facility to substantially correct the deficiency or deficiencies	120434
within five days after receiving the statement and inform the	120435
facility, in the statement it provides pursuant to division (B) of	120436
section ~~5111.49~~5165.75 of the Revised Code, of the order and	120437
that it will not take that action unless the facility fails to	120438
substantially correct the deficiency or deficiencies within that	120439
five-day period. At the end of the five-day period, the department	120440
of health shall conduct a follow-up survey that focuses on the	120441
deficiency or deficiencies. If the department of health determines	120442
that the facility has substantially corrected the deficiency or	120443
deficiencies within that time, the department of ~~job and family~~	120444
~~services~~medicaid or contracting agency shall not appoint a	120445
temporary manager or apply for a special master. If the department	120446
of health determines that the facility has failed to substantially	120447
correct the deficiency or deficiencies within that time, the	120448
department of ~~job and family services~~medicaid or contracting	120449
agency may proceed with appointment of the temporary manager or	120450
application for a special master. Until the statement required	120451
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	120452
is actually delivered, no action taken by the department or agency	120453
to appoint a temporary manager or apply for a temporary manager	120454
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	120455
the Revised Code shall have any legal effect. No action taken by a	120456
facility under this division to substantially correct a deficiency	120457
or deficiencies shall be considered an admission by the facility	120458
of the existence of a deficiency or deficiencies.	120459

(F) Appointment of a temporary manager under division	120460
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	120461
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	120462
expire at the end of the seventh day following the appointment. If	120463
the department of ~~job and family services~~medicaid or contracting	120464
agency finds that the deficiency or deficiencies that prompted the	120465
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	120466
5165.72 of the Revised Code cannot be substantially corrected, or	120467
the condition of immediate jeopardy that prompted the appointment	120468
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	120469
Code cannot be eliminated, prior to the expiration of the	120470
appointment, it may take one of the following actions:	120471

(1) Appoint, subject to the continuing consent of the	120472
provider, a temporary manager for the facility;	120473

(2) Apply to the common pleas court of the county in which	120474
the facility is located for an order appointing a special master	120475
who, under the authority and direct supervision of the court and	120476
subject to divisions (B) and (C) of this section, may take such	120477
additional actions as are necessary to correct the deficiency or	120478
deficiencies or eliminate the condition of immediate jeopardy and	120479
bring the facility into compliance with certification	120480
requirements.	120481

(G) The court, on finding that the deficiency or deficiencies	120482
for which a special master was appointed under division (F)(2) of	120483
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	120484
5165.72 of the Revised Code has been substantially corrected, or	120485
the emergency for which a special master was appointed under	120486
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	120487
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	120488
that the facility has been brought into compliance with	120489
certification requirements, and that the provider has established	120490
the management capability to ensure continued compliance with the	120491
certification requirements, shall immediately terminate its	120492
jurisdiction over the facility and return control and management	120493
of the facility to the provider. If the deficiency or deficiencies	120494
cannot be substantially corrected, or the emergency cannot be	120495
eliminated practicably within a reasonable time following	120496
appointment of the special master, the court may order the special	120497
master to close the facility and transfer all residents to other	120498
nursing facilities or other appropriate care settings.	120499

(H) This section does not apply to temporary resident safety	120500
assurance managers appointed under section ~~5111.511~~5165.78 of the	120501
Revised Code.	120502

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	120503
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	120504
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	120505
medicaid payments to a nursing facility for all medicaid eligible	120506
residents admitted after its effective date, or an order issued	120507
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	120508
of the Revised Code denying ~~payment~~medicaid payments to a	120509
nursing facility for medicaid eligible residents admitted after	120510
the effective date of the order who have specified diagnoses or	120511
special care needs, shall also apply to individuals admitted to	120512
the facility on and after the effective date of the order who are	120513
not medicaid eligible residents but become medicaid eligible	120514
residents after admission. Such an order shall not apply to any of	120515
the following:	120516

(1) An individual who was a medicaid eligible resident of the	120517
facility on the day immediately preceding the effective date of	120518
the order and continues to be a medicaid eligible resident on and	120519
after that date;	120520

(2) An individual who was a resident of the facility on the	120521
day immediately preceding the effective date of the order,	120522
continues to be a resident on and after that date, and becomes	120523
medicaid eligible on or after that date;	120524

(3) An individual who was a medicaid eligible resident of the	120525
facility prior to the effective date of the order, is temporarily	120526
absent from the facility on that or a subsequent date due to	120527
hospitalization or participation in therapeutic programs outside	120528
the facility, and chooses to return to the facility;	120529

(4) An individual who was a resident of the facility prior to	120530
the effective date of the order, is temporarily absent from the	120531
facility on that or a subsequent date due to hospitalization or	120532
participation in therapeutic programs outside the facility,	120533
becomes medicaid eligible on or after that date, and chooses to	120534
return to the facility.	120535

(B) An order issued under section ~~5111.46~~5165.72 of the	120536
Revised Code denying ~~payment~~medicaid payments to a nursing	120537
facility for all medicaid eligible residents admitted after its	120538
effective date, or denying ~~payment~~medicaid payments to a facility	120539
for medicaid eligible residents admitted after the effective date	120540
of the order who have specified diagnoses or special care needs	120541
shall not take effect prior to the fifth day after the order is	120542
delivered to the facility. Such an order issued under section	120543
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	120544
take effect prior to the twentieth day after it is delivered to	120545
the facility.	120546

(C) No nursing facility that has received an order under	120547
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	120548
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	120549
medicaid payments for all new admissions of medicaid eligible	120550
residents shall admit a medicaid eligible resident on or after the	120551
effective date of the order, unless the resident is described in	120552
division (A)(3) or (4) of this section, until the order is	120553
terminated pursuant to this section. No nursing facility that has	120554
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	120555
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	120556
payments to a nursing facility for new admissions of medicaid	120557
eligible residents with specified diagnoses or special care needs	120558
shall admit such a resident on or after the effective date of the	120559
order, unless the resident is described in division (A)(3) or (4)	120560
of this section, until the order is terminated pursuant to this	120561
section.	120562

(D) In the case of an order imposed under division (B) of	120563
section ~~5111.57~~5165.84 of the Revised Code, the department or	120564
agency shall appoint monitors in accordance with section ~~5111.44~~	120565
5165.70 of the Revised Code to conduct on-site monitoring.	120566

(E)(1) A facility may give written notice to the department	120567
of health whenever any of the following apply:	120568

(a) With respect to an order denying payment issued under	120569
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	120570
the Revised Code, either of the following is the case:	120571

(i) The facility has completed implementation of the plan of	120572
correction it submitted under section ~~5111.43~~5165.69 of the	120573
Revised Code and substantially corrected all deficiencies for	120574
which the order was issued.	120575

(ii) The facility has reduced the severity or scope of all of	120576
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	120577
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	120578

(b) With respect to an order denying payment issued under	120579
section ~~5111.51~~5165.77 of the Revised Code, the facility has	120580
eliminated the immediate jeopardy.	120581

(c) With respect to an order denying ~~payment~~medicaid	120582
payments issued under division (A) of section ~~5111.57~~5165.84 of	120583
the Revised Code, the facility has completed implementation of the	120584
plan of correction it submitted under section ~~5111.43~~5165.69 of	120585
the Revised Code and substantially corrected all deficiencies for	120586
which the order was issued.	120587

(d) With respect to an order denying ~~payment~~medicaid	120588
payments issued under division (B) of section ~~5111.57~~5165.84 of	120589
the Revised Code, both of the following are the case:	120590

(i) The facility has completed implementation of the plan of	120591
correction it submitted under section ~~5111.43~~5165.69 of the	120592
Revised Code and substantially corrected all deficiencies for	120593
which the order was issued.	120594

(ii) The facility is in compliance with certification	120595
requirements and has provided adequate assurance that it will	120596
remain in compliance with them.	120597

(2) Within ten working days after it receives the notice	120598
under division (E)(1) of this section, the department of health	120599
shall conduct a follow-up survey that focuses on the cited	120600
deficiency or deficiencies, unless the department is able to	120601
determine, on the basis of documentation provided by the facility,	120602
that the facility has completed the applicable action described in	120603
divisions (E)(1)(a) to (d) of this section. If the department of	120604
health makes that determination on the basis of the documentation,	120605
the department of ~~job and family services~~medicaid or contracting	120606
agency shall terminate the order denying ~~payment~~medicaid payments	120607
as of the date the facility completed the applicable action, as	120608
subsequently verified by the department of health. If the	120609
department of health conducts a follow-up survey, the department	120610
of ~~job and family services~~medicaid or contracting agency shall	120611
terminate the order denying ~~payment~~medicaid payments as of the	120612
date the department of health makes the determination that the	120613
facility completed the applicable action.	120614

(F) The department of ~~job and family services~~medicaid or	120615
contracting agency shall provide public notice implementing an	120616
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	120617
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	120618
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	120619
~~medical assistance program~~ for all medicaid eligible residents by	120620
publishing in a newspaper of general circulation in the county in	120621
which the facility is located an announcement stating: "By order	120622
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	120623
name of contracting agency), effective on and after (effective	120624
date of order), (name of facility) is no longer authorized to	120625
admit Medicaid eligible residents." Immediately following	120626
termination of any such order, the department or agency shall	120627
publish in a newspaper of general circulation in the county in	120628
which the facility is located an announcement stating: "By order	120629
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	120630
name of contracting agency), effective on and after (effective	120631
date of termination), (name of facility) is hereby authorized to	120632
admit Medicaid eligible residents." Neither the department nor the	120633
contracting agency shall issue public notice of an order under	120634
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	120635
the Revised Code denying payment to a nursing facility for	120636
medicaid eligible residents with specified diagnoses or special	120637
care needs; public notice is not required for such an order to	120638
take effect.	120639

(G) A facility that complies with division (E) of this	120640
section shall not be considered to have admitted to the existence	120641
of the deficiency that constitutes the basis of the department's	120642
or agency's order.	120643

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	120644
"certified beds" means beds certified under Title XVIII or Title	120645
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	120646
~~301, as amended~~.	120647

(B) If the department of ~~job and family services~~medicaid or	120648
a contracting agency imposes a fine on a nursing facility under	120649
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	120650
the Revised Code, it may impose one or more of the following:	120651

(1) One hundred sixty per cent of the amount calculated under	120652
division (C) of this section for any deficiency or cluster of	120653
deficiencies that constitutes a severity level four and scope	120654
level four finding;	120655

(2) One hundred forty per cent of the amount calculated under	120656
division (C) of this section for any deficiency or cluster of	120657
deficiencies that constitutes a severity level four and scope	120658
level three finding;	120659

(3) One hundred twenty per cent of the amount calculated	120660
under division (C) of this section for any deficiency or cluster	120661
of deficiencies that constitutes a severity level four and scope	120662
level two finding;	120663

(4) The amount calculated under division (C) of this section	120664
for any deficiency or cluster of deficiencies that constitutes a	120665
severity level four and scope level one finding or any deficiency	120666
or cluster of deficiencies that constitutes a severity level three	120667
and scope level four finding;	120668

(5) Ninety per cent of the amount calculated under division	120669
(C) of this section for any deficiency or cluster of deficiencies	120670
that constitutes a severity level three and scope level three	120671
finding;	120672

(6) Eighty per cent of the amount calculated under division	120673
(C) of this section for any deficiency or cluster of deficiencies	120674
that constitutes a severity level three and scope level two	120675
finding;	120676

(7) Seventy per cent of the amount calculated under division	120677
(C) of this section for any deficiency or cluster of deficiencies	120678
that constitutes a severity level three and scope level one	120679
finding;	120680

(8) Fifty per cent of the amount calculated under division	120681
(C) of this section for any deficiency or cluster of deficiencies	120682
that constitutes a severity level two and scope level four	120683
finding;	120684

(9) Forty per cent of the amount calculated under division	120685
(C) of this section for any deficiency or cluster of deficiencies	120686
that constitutes a severity level two and scope level three	120687
finding.	120688

(C) The amount subject to division (B) of this section shall	120689
be the product of multiplying two dollars and fifty cents for each	120690
day the fine is in effect by the total number of licensed nursing	120691
home beds or certified beds, whichever is greater, in the facility	120692
as of the date the deficiency or cluster of deficiencies that is	120693
the reason for the fine was cited.	120694

(D)(1) The department of ~~job and family services~~medicaid or	120695
contracting agency shall not impose on a facility, at any one	120696
time, more than four fines as a result of any one survey.	120697

(2) The department of ~~job and family services~~medicaid or	120698
contracting agency shall not impose more than one fine based on a	120699
deficiency or cluster of deficiencies. However, if the department	120700
of health, in a follow-up or other subsequent survey, finds a	120701
change in the scope or severity of the deficiency or cluster of	120702
deficiencies, the department of ~~job and family services~~medicaid	120703
or contracting agency may increase or decrease the fine in	120704
accordance with division (B) of this section to reflect the change	120705
in scope or severity. The department or agency shall give the	120706
facility written notice of the change in the amount of the fine.	120707
The change shall take effect on the date the follow-up or other	120708
subsequent survey is completed.	120709

If the department of health finds that a deficiency is a	120710
repeat deficiency, the department of ~~job and family services~~	120711
medicaid or contracting agency may impose a fine that is one	120712
hundred per cent greater than the fine specified in division (B)	120713
of this section for the deficiency.	120714

(E) The total amount of fines the department of ~~job and~~	120715
~~family services~~medicaid or contracting agency may impose on a	120716
facility in a single calendar year shall not exceed five hundred	120717
dollars for each licensed nursing home bed or certified bed,	120718
whichever is greater in number, in the facility.	120719

(F)(1) Except as provided in division (F)(2) of this section,	120720
the department of ~~job and family services~~medicaid or contracting	120721
agency shall not impose a fine under section ~~5111.46~~5165.72,	120722
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	120723
deficiency or cluster of deficiencies is substantially corrected	120724
within twenty days after the nursing facility receives the	120725
statement provided under division (B) of section ~~5111.49~~5165.75	120726
of the Revised Code. The department or agency shall inform the	120727
nursing facility in that statement that the fine will not be	120728
imposed if the deficiency or cluster of deficiencies is	120729
substantially corrected within the twenty-day period.	120730

(2) If a nursing facility has substantially corrected a	120731
deficiency or cluster of deficiencies within six months after the	120732
exit interview of a survey that was the basis for citing a	120733
deficiency or cluster of deficiencies, but after correcting it has	120734
been cited for the same deficiency or cluster of deficiencies by	120735
the department of health on the basis of a subsequent survey	120736
conducted during the remainder of the six-month period, the	120737
department of ~~job and family services~~medicaid or contracting	120738
agency may impose a fine beginning on the date of the exit	120739
interview of the subsequent survey.	120740

(G) Whenever a facility believes that it has completed	120741
implementation of the plan of correction it submitted under	120742
section ~~5111.43~~5165.69 of the Revised Code and substantially	120743
corrected the cited deficiency or cluster of deficiencies that is	120744
the basis for a fine, it may give written notice to that effect to	120745
the department of health. After receiving the notice, the	120746
department shall conduct a follow-up survey of the facility that	120747
focuses on the deficiency or cluster, unless the department is	120748
able to determine, on the basis of documentation provided by the	120749
facility, that the facility has substantially corrected the	120750
deficiency or cluster. If, based on the follow-up survey, the	120751
department establishes that the facility had not completed	120752
implementation of the plan of correction at the time the	120753
department received the notice, any fine based on the deficiency	120754
or cluster shall be doubled effective from the date the department	120755
received the notice. A facility that complies with this division	120756
shall not be considered to have admitted the existence of the	120757
deficiency or cluster that is the basis for the fine.	120758

(H) Except for a fine imposed under division (C) of section	120759
~~5111.46~~5165.72 of the Revised Code and as provided in division	120760
(F)(2) of this section, the department of ~~job and family services~~	120761
medicaid or contracting agency shall impose a fine only if the	120762
facility fails to give notice under division (G) of this section	120763
within twenty days after it receives the statement required by	120764
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	120765
the department of health determines, based on a follow-up survey,	120766
that the deficiency or cluster of deficiencies for which the fine	120767
is proposed has not been substantially corrected within the	120768
twenty-day period. The fine shall be imposed effective on the	120769
twenty-first day after the facility receives the statement under	120770
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	120771
fine shall remain in effect until the earliest of the following:	120772

(1) The date the department of health receives notice under	120773
division (G) of this section, unless the department determines, on	120774
the basis of a follow-up survey, that the deficiency or cluster of	120775
deficiencies that is the basis for the fine has not been	120776
substantially corrected as of that date;	120777

(2) The date on which the department of health makes a	120778
determination, on the basis of a follow-up survey, that the	120779
deficiency or cluster of deficiencies has been substantially	120780
corrected;	120781

(3) The date the facility substantially corrected the	120782
deficiency or cluster, as subsequently determined by the	120783
department of health on the basis of documentation provided by the	120784
facility.	120785

(I) Any fine imposed by the department of ~~job and family~~	120786
~~services~~medicaid or contracting agency under this section is	120787
subject to appeal under Chapter 119. of the Revised Code. If the	120788
facility does not request a hearing under Chapter 119. of the	120789
Revised Code and either pays or agrees in writing to pay the fine	120790
when payment becomes due under division (J) of this section, the	120791
department or agency shall reduce the fine by fifty per cent. The	120792
department or agency may compromise any claim for payment of a	120793
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	120794
Revised Code.	120795

(J) The department of ~~job and family services~~medicaid or	120796
contracting agency shall collect interest on fines, at the rate	120797
per calendar month that equals one-twelfth of the rate per year	120798
prescribed by section 5703.47 of the Revised Code for the calendar	120799
year that includes the month for which the interest charge	120800
accrues. Payment of a fine is due, and interest begins to accrue	120801
on the unpaid fine or balance, on the thirty-first day after the	120802
department or agency issues a final adjudication order imposing	120803
the fine. If the deficiency or deficiencies on which the fine is	120804
based have not been corrected when the final adjudication order is	120805
issued, the payment is due, and interest begins to accrue on the	120806
unpaid fine or balance, on the thirty-first day after the	120807
deficiency or deficiencies are corrected and the department or	120808
agency mails a notice specifying the amount of the fine to the	120809
facility.	120810

(K) The department of ~~job and family services~~medicaid or	120811
contracting agency shall collect fines and interest imposed under	120812
this section through one of the following means:	120813

(1) A lump sum payment from the provider;

120814

(2) Periodic payments for a period not to exceed twelve	120815
months, in accordance with a schedule approved by the department	120816
or agency;	120817

(3) Appropriately reducing the amounts of medicaid payments	120818
made to the facility for ~~care~~nursing facility services provided	120819
to medicaid eligible residents for a period not to exceed twelve	120820
months following the date on which payment of the fine becomes due	120821
under division (J) of this section. An amount equal to the amount	120822
by which each payment is reduced shall be deposited to the credit	120823
of the residents protection fund in accordance with section	120824
~~5111.62~~5162.66 of the Revised Code.	120825

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	120826
~~services~~medicaid or a contracting agency shall issue an order	120827
denying ~~payment~~medicaid payments to a nursing facility for all	120828
medicaid eligible residents admitted to the facility on or after	120829
the effective date of the order, if the facility has failed to	120830
substantially correct within ninety days after the exit interview	120831
a deficiency or cluster of deficiencies in accordance with the	120832
plan of correction it submitted under section ~~5111.43~~5165.69 of	120833
the Revised Code, as determined by the department of health on the	120834
basis of a follow-up survey.	120835

(B) The department of ~~job and family services~~medicaid or	120836
contracting agency shall issue an order denying ~~payment~~medicaid	120837
payments to a nursing facility for all medicaid eligible residents	120838
admitted to the facility on or after the effective date of the	120839
order, if during three consecutive standard surveys conducted	120840
after December 13, 1990, the department of health has found a	120841
condition of substandard care in a facility.	120842

(C) An order issued under division (A) or (B) of this section	120843
shall take effect on the later of the date the facility receives	120844
the order or the date the public notice required under division	120845
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	120846
The order is subject to appeal under Chapter 119. of the Revised	120847
Code; however the order may take effect prior to or during the	120848
pendency of any hearing under that chapter. In that case, the	120849
department or agency shall provide the facility an opportunity for	120850
a hearing in accordance with section ~~5111.60~~5165.87 of the	120851
Revised Code.	120852

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	120853
department of ~~job and family services~~medicaid or a contracting	120854
agency, at any time during the six-month period following the exit	120855
interview of a survey that was the basis for citing a deficiency	120856
or deficiencies, that the deficiency or deficiencies have been	120857
substantially corrected in accordance with the plan of correction	120858
submitted and approved under section ~~5111.43~~5165.69 of the	120859
Revised Code, the department of health shall conduct a follow-up	120860
survey to determine whether the deficiency or deficiencies have	120861
been substantially corrected in accordance with the plan.	120862

(B) The department of ~~job and family services~~medicaid or a	120863
contracting agency shall terminate a nursing facility's	120864
participation in the ~~medical assistance~~medicaid program whenever	120865
the facility has not substantially corrected, within six months	120866
after the exit interview of the survey on the basis of which it	120867
was cited, a deficiency or deficiencies in accordance with the	120868
plan of correction submitted under section ~~5111.43~~5165.69 of the	120869
Revised Code, as determined by the department of health on the	120870
basis of a follow-up survey.	120871

(C) Unless the facility has substantially corrected the	120872
deficiency or deficiencies in accordance with the plan of	120873
correction, as determined by the department of health on the basis	120874
of a follow-up survey, the department of ~~job and family services~~	120875
medicaid or contracting agency shall deliver to the facility, at	120876
least thirty days prior to the day that is six months after the	120877
exit interview, a written order terminating the facility's	120878
participation in the ~~medical assistance~~medicaid program. The	120879
order shall take effect and the facility's participation shall	120880
terminate on the day that is six months after the exit interview.	120881
The order shall not take effect if, after it is delivered to the	120882
facility and prior to the effective date of the order, the	120883
department of health determines on the basis of a follow-up survey	120884
that the facility has corrected the deficiency or deficiencies.	120885

An order issued under this section is subject to appeal under	120886
Chapter 119. of the Revised Code; however, the order may take	120887
effect prior to or during the pendency of any hearing under that	120888
chapter. In that case, the department of ~~job and family services~~	120889
medicaid or contracting agency shall provide the facility an	120890
opportunity for a hearing in accordance with section ~~5111.60~~	120891
5165.87 of the Revised Code.	120892

(D) Except as provided in division (E) of this section,	120893
whenever the department of ~~job and family services~~medicaid or a	120894
contracting agency terminates a facility's participation in the	120895
~~medical assistance~~medicaid program pursuant to this section, the	120896
provider shall repay the department the federal share of all	120897
medicaid payments made by the department to the facility ~~under the~~	120898
~~medical assistance program~~ during the six-month period following	120899
the exit interview of the survey that was the basis for citing the	120900
deficiency or cluster of deficiencies. The provider shall repay	120901
the department within thirty days after the department repays to	120902
the federal government the federal share of medicaid payments made	120903
to the facility during that six-month period.	120904

(E) A provider is not required to repay the department of ~~job~~	120905
~~and family services~~medicaid if either of the following is the	120906
case:	120907

(1) The facility has brought an appeal under Chapter 119. of	120908
the Revised Code of termination of its participation in the	120909
~~medical assistance~~medicaid program, except that the provider	120910
shall repay the department of ~~job and family services~~medicaid	120911
within thirty days after the facility exhausts its right to appeal	120912
under that chapter.	120913

(2) The facility complied with the plan of correction	120914
approved by the department of health and the obligation to repay	120915
resulted from the department's failure to provide timely	120916
verification to the United States department of health and human	120917
services of the facility's compliance with the plan of correction.	120918

(F) If a provider's obligation to repay the department of ~~job~~	120919
~~and family services~~medicaid under division (D) of this section	120920
results from disallowance of federal financial participation by	120921
the United States department of health and human services, the	120922
provider shall not be required to repay the department of ~~job and~~	120923
~~family services~~medicaid until the federal disallowance becomes	120924
final.	120925

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	120926
5165.89 of the Revised Code during any period for which the	120927
facility is required to repay the department of ~~job and family~~	120928
~~services~~medicaid under division (D) of this section shall be	120929
offset against the amount the provider is required to repay the	120930
department for that period.	120931

(H) Prior to a change of ownership of a facility for which a	120932
provider has an obligation to repay the department of ~~job and~~	120933
~~family services~~medicaid under division (D) of this section that	120934
has not become final, or has become final but not been paid, the	120935
department may do one or more of the following:	120936

(1) Require the provider to place money in escrow, or obtain	120937
a bond, in sufficient amount to indemnify the state against the	120938
provider's failure to repay the department after the change of	120939
ownership occurs;	120940

(2) Place a lien on the facility's real property;

120941

(3) Use any method to recover the medicaid payments that is	120942
available to the attorney general to recover payments on behalf of	120943
the department of ~~job and family services~~medicaid.	120944

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	120945
~~services~~medicaid, the department of health, and any contracting	120946
agency shall deliver a written notice, statement, or order to a	120947
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	120948
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	120949
certified mail or hand delivery. If the notice, statement, or	120950
order is mailed, it shall be addressed to the administrator of the	120951
facility as indicated in the department's or agency's records. If	120952
it is hand delivered, it shall be delivered to a person at the	120953
facility who would appear to the average prudent person to have	120954
authority to accept it.	120955

Delivery of written notice by a nursing facility to the	120956
department of health, the department of ~~job and family services~~	120957
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	120958
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	120959
or hand delivery to the appropriate department or the agency.	120960

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	120961
of this section, the following remedies are subject to appeal	120962
under Chapter 119. of the Revised Code:	120963

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	120964
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	120965
terminating a nursing facility's participation in the ~~medical~~	120966
~~assistance~~medicaid program;	120967

(2) Appointment of a temporary manager of a facility under	120968
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	120969
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	120970

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	120971
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	120972
the Revised Code denying ~~payment~~medicaid payments to a facility	120973
~~under the medical assistance program~~ for all medicaid eligible	120974
residents admitted after the effective date of the order;	120975

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	120976
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	120977
medicaid payments to a facility ~~under the medical assistance~~	120978
~~program~~ for medicaid eligible residents admitted after the	120979
effective date of the order who have certain diagnoses or special	120980
care needs specified by the department or agency;	120981

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	120982
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	120983

(B) The department of ~~job and family services~~medicaid or	120984
contracting agency may do any of the following prior to or during	120985
the pendency of any proceeding under Chapter 119. of the Revised	120986
Code:	120987

(1) Issue and execute an order under section ~~5111.46~~5165.72,	120988
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	120989
terminating a nursing facility's participation in the ~~medical~~	120990
~~assistance~~medicaid program;	120991

(2) Appoint a temporary manager under division (A)(1)(b) or	120992
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	120993
~~5111.51~~5165.77 of the Revised Code;	120994

(3) Issue and execute an order under section ~~5111.46~~5165.72,	120995
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	120996
Revised Code denying ~~payment~~medicaid payments to a facility for	120997
all medicaid eligible residents admitted after the effective date	120998
of the order;	120999

(4) Issue and execute an order under section ~~5111.46~~5165.72	121000
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	121001
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	121002
payments to a facility for medicaid eligible residents admitted	121003
after the effective date of the order who have specified diagnoses	121004
or special care needs.	121005

(C) Whenever the department or agency imposes a remedy listed	121006
in division (B) of this section prior to or during the pendency of	121007
a proceeding, all of the following apply:	121008

(1) The provider against whom the action is taken shall have	121009
ten days after the date the facility actually receives the notice	121010
specified in section 119.07 of the Revised Code to request a	121011
hearing.	121012

(2) The hearing shall commence within thirty days after the	121013
date the department or agency receives the provider's request for	121014
a hearing.	121015

(3) The hearing shall continue uninterrupted from day to day,	121016
except for Saturdays, Sundays, and legal holidays, unless other	121017
interruptions are agreed to by the provider and the department or	121018
agency.	121019

(4) If the hearing is conducted by a hearing examiner, the	121020
hearing examiner shall file a report and recommendations within	121021
ten days after the close of the hearing.	121022

(5) The provider shall have five days after the date the	121023
hearing officer files the report and recommendations within which	121024
to file objections to the report and recommendations.	121025

(6) Not later than fifteen days after the date the hearing	121026
officer files the report and recommendations, the medicaid	121027
director ~~of job and family services~~ or the director of the	121028
contracting agency shall issue an order approving, modifying, or	121029
disapproving the report and recommendations of the hearing	121030
examiner.	121031

(D) If the department or agency imposes more than one remedy	121032
as the result of deficiencies cited in a single survey, the	121033
proceedings for all of the remedies shall be consolidated. If any	121034
of the remedies are imposed during the pendency of a hearing, as	121035
permitted by division (B) of this section, the consolidated	121036
hearing shall be conducted in accordance with division (C) of this	121037
section. The consolidation of the remedies for purposes of a	121038
hearing does not affect the effective dates prescribed in sections	121039
~~5111.35~~5165.60 to ~~5111.58~~2165.85 of the Revised Code.	121040

(E) If a contracting agency conducts administrative	121041
proceedings pertaining to remedies imposed under sections ~~5111.35~~	121042
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	121043
~~job and family services~~medicaid shall not be considered a party	121044
to the proceedings.	121045

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	121046
order, as necessary for the administration or enforcement of any	121047
statute relating to nursing facilities, or as provided in division	121048
(C) of this section, the department of ~~job and family services~~	121049
medicaid and any contracting agency shall not release any of the	121050
following information without the permission of the individual or	121051
the individual's legal representative:	121052

(a) The identity of any resident of a nursing facility;

121053

(b) The identity of any individual who submits a complaint	121054
about a nursing facility;	121055

(c) The identity of any individual who provides the	121056
department or agency with information about a nursing facility and	121057
has requested confidentiality;	121058

(d) Any information that reasonably would tend to disclose	121059
the identity of any individual described in division (A)(1)(a) to	121060
(c) of this section.	121061

(2) An agency or individual to whom the department or	121062
contracting agency is required, by court order or for the	121063
administration or enforcement of a statute relating to nursing	121064
facilities, to release information described in division (A)(1) of	121065
this section shall not release the information without the	121066
permission of the individual who would be or would reasonably tend	121067
to be identified, or of the individual's legal representative,	121068
unless the agency or individual is required to release it by	121069
division (C) of this section, by court order, or for the	121070
administration or enforcement of a statute relating to nursing	121071
facilities.	121072

(B) Except as provided in division (C) of this section, any	121073
record that identifies an individual described in division (A)(1)	121074
of this section or that reasonably would tend to identify such an	121075
individual is not a public record for the purposes of section	121076
149.43 of the Revised Code, and is not subject to inspection and	121077
copying under section 1347.08 of the Revised Code.	121078

(C) If the department or a contracting agency, or an agency	121079
or individual to whom the department or contracting agency was	121080
required by court order or for administration or enforcement of a	121081
statute relating to nursing facilities to release information	121082
described in division (A)(1) of this section, uses information in	121083
any administrative or judicial proceeding against a facility that	121084
reasonably would tend to identify an individual described in	121085
division (A)(1) of this section, the department, agency, or	121086
individual shall disclose that information to the facility.	121087
However, the department, agency, or individual shall not disclose	121088
information that directly identifies an individual described in	121089
divisions (A)(1)(a) to (c) of this section, unless the individual	121090
is to testify in the proceedings.	121091

(D) No person shall knowingly register a false complaint	121092
about a nursing facility with the department or a contracting	121093
agency, or knowingly swear or affirm the truth of a false	121094
complaint, when the allegation is made for the purpose of	121095
incriminating another.	121096

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	121097
~~"facility," "medicare," and "medicaid" have the same meanings as~~	121098
~~in section 3721.10 of the Revised Code.~~	121099

The department of health shall be the designee of the	121100
department of ~~job and family services~~medicaid for the purpose of	121101
conducting a hearing pursuant to section 3721.162 of the Revised	121102
Code concerning a nursing facility's decision to transfer or	121103
discharge a resident if the resident is a medicaid recipient or	121104
medicare beneficiary.	121105

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	121106
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	121107
5165.08 of the Revised Code shall be fined not less than five	121108
hundred dollars nor more than one thousand dollars for the first	121109
offense and not less than one thousand dollars nor more than five	121110
thousand dollars for each subsequent offense. Fines paid under	121111
this section shall be deposited in the state treasury to the	121112
credit of the general revenue fund.	121113

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	121114
of the Revised Code is guilty of registering a false complaint, a	121115
misdemeanor of the first degree.	121116

Sec. 5166.01. As used in this chapter:

121117

"Administrative agency" means, with respect to a home and	121118
community-based services medicaid waiver component, the department	121119
of medicaid or, if a state agency or political subdivision	121120
contracts with the department under section 5162.35 of the Revised	121121
Code to administer the component, that state agency or political	121122
subdivision.	121123

"Dual eligible individual" has the same meaning as in section	121124
5160.01 of the Revised Code.	121125

"Home and community-based services medicaid waiver component"	121126
means a medicaid waiver component under which home and	121127
community-based services are provided as an alternative to	121128
hospital services, nursing facility services, or ICF/IID services.	121129

"Hospital" has the same meaning as in section 3727.01 of the	121130
Revised Code.	121131

"Hospital long-term care unit" has the same meaning as in	121132
section 5168.40 of the Revised Code.	121133

"ICDS participant" has the same meaning as in section 5164.01	121134
of the Revised Code.	121135

"ICF/IID" and "ICF/IID services" have the same meanings as in	121136
section 5124.01 of the Revised Code.	121137

"Integrated care delivery system" and "ICDS" have the same	121138
meanings as in section 5164.01 of the Revised Code.	121139

"Level of care determination" means a determination of	121140
whether an individual needs the level of care provided by a	121141
hospital, nursing facility, or ICF/IID and whether the individual,	121142
if determined to need that level of care, would receive hospital	121143
services, nursing facility services, or ICF/IID services if not	121144
for a home and community-based services medicaid waiver component.	121145

"Medicaid buy-in for workers with disabilities program" has	121146
the same meaning as in section 5163.01 of the Revised Code.	121147

"Medicaid services" has the same meaning as in section	121148
5164.01 of the Revised Code.	121149

"Medicaid waiver component" means a component of the medicaid	121150
program authorized by a waiver granted by the United States	121151
department of health and human services under the "Social Security	121152
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	121153
waiver component" does not include a care management system	121154
established under section 5167.03 of the Revised Code.	121155

"Nursing facility" and "nursing facility services" have the	121156
same meanings as in section 5165.01 of the Revised Code.	121157

"Ohio home care waiver program" means the home and	121158
community-based services medicaid waiver component that is known	121159
as Ohio home care and was created pursuant to section 5166.11 of	121160
the Revised Code.	121161

"Ohio transitions II aging carve-out program" means the home	121162
and community-based services medicaid waiver component that is	121163
known as Ohio transitions II aging carve-out and was created	121164
pursuant to section 5166.11 of the Revised Code.	121165

"Provider agreement" has the same meaning as in section	121166
5164.01 of the Revised Code.	121167

"Residential treatment facility" means a residential facility	121168
licensed by the department of mental health and addiction services	121169
under section 5119.34 of the Revised Code, or an institution	121170
certified by the department of job and family services under	121171
section 5103.03 of the Revised Code, that serves children and	121172
either has more than sixteen beds or is part of a campus of	121173
multiple facilities or institutions that, combined, have a total	121174
of more than sixteen beds.	121175

"Skilled nursing facility" has the same meaning as in section	121176
5165.01 of the Revised Code.	121177

"Unified long-term services and support medicaid waiver	121178
component" means the medicaid waiver component authorized by	121179
section 5166.14 of the Revised Code.	121180

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	121181
~~sections 5111.851 to 5111.856 of the Revised Code:~~	121182

~~"Home and community-based services medicaid waiver component"~~	121183
~~means a medicaid waiver component under which home and~~	121184
~~community-based services are provided as an alternative to~~	121185
~~hospital, nursing facility, or intermediate care facility for the~~	121186
~~mentally retarded services.~~	121187

~~"Hospital" has the same meaning as in section 3727.01 of the~~	121188
~~Revised Code.~~	121189

~~"Intermediate care facility for the mentally retarded" has~~	121190
~~the same meaning as in section 5111.20 of the Revised Code.~~	121191

~~"Medicaid waiver component" means a component of the medicaid~~	121192
~~program authorized by a waiver granted by the United States~~	121193
~~department of health and human services under section 1115 or 1915~~	121194
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	121195
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	121196
~~management system established under section 5111.16 of the Revised~~	121197
~~Code.~~	121198

~~"Nursing facility" has the same meaning as in section 5111.20~~	121199
~~of the Revised Code.~~	121200

~~(B)~~ The medicaid director ~~of job and family services may~~	121201
shall adopt rules ~~under~~in accordance with Chapter 119. of the	121202
Revised Code governing medicaid waiver components ~~that~~. The rules	121203
may establish all of the following:	121204

(1) Eligibility requirements for the medicaid waiver	121205
components;	121206

(2) The type, amount, duration, and scope of medicaid	121207
services the medicaid waiver components ~~provide~~cover;	121208

(3) The conditions under which the medicaid waiver components	121209
cover medicaid services;	121210

(4) The ~~amount~~amounts the medicaid waiver components pay for	121211
medicaid services or the ~~method~~methods by which the ~~amount is~~	121212
amounts are determined;	121213

(5) The ~~manner~~manners in which the medicaid waiver	121214
components pay for medicaid services;	121215

(6) Safeguards for the health and welfare of medicaid	121216
recipients receiving medicaid services under a medicaid waiver	121217
component;	121218

(7) Procedures for prioritizing and approving for enrollment	121219
individuals who are eligible for a home and community-based	121220
services medicaid waiver component and choose to be enrolled in	121221
the component;	121222

(8) Procedures for enforcing the rules, including	121223
establishing corrective action plans for, and imposing financial	121224
and administrative sanctions on, persons and government entities	121225
that violate the rules. Sanctions shall include terminating	121226
~~medicaid~~ provider agreements. The procedures shall include due	121227
process protections.	121228

(9) Other policies necessary for the efficient administration	121229
of the medicaid waiver components.	121230

~~(C)~~(B) The director ~~of job and family services~~ may adopt	121231
different rules for the different medicaid waiver components. The	121232
rules shall be consistent with the terms of the waiver authorizing	121233
the medicaid waiver component.	121234

~~(D)~~(C) The following apply to procedures established under	121235
division ~~(B)~~(A)(7) of this section:	121236

(1) Any such procedures established for the medicaid-funded	121237
component of the PASSPORT program shall be consistent with section	121238
~~173.401~~173.521 of the Revised Code.	121239

(2) Any such procedures established for the medicaid-funded	121240
component of the assisted living program shall be consistent with	121241
section 173.542 of the Revised Code.	121242

(3) Any such procedures established for the Ohio home care	121243
waiver program shall be consistent with section ~~5111.862~~5166.121	121244
of the Revised Code.	121245

~~(3)~~(4) Any such procedures established for the unified	121246
long-term services and support medicaid waiver program shall be	121247
consistent with section ~~5111.865~~5166.141 of the Revised Code.	121248

~~(4) Any such procedures established for the medicaid-funded~~	121249
~~component of the assisted living program shall be consistent with~~	121250
~~section 5111.894 of the Revised Code.~~	121251

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	121252
~~services~~ may not submit a request to the United States secretary	121253
of health and human services for a medicaid waiver under ~~section~~	121254
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	121255
1315, unless the director provides the speaker of the house of	121256
representatives and president of the senate written notice of the	121257
director's intent to submit the request at least ten days before	121258
the date the director submits the request to the United States	121259
secretary. The notice shall include a detailed explanation of the	121260
medicaid waiver the director proposes to seek.	121261

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	121262
~~5111.855 of the Revised Code:~~	121263

~~"Administrative agency" means, with respect to a home and~~	121264
~~community-based services medicaid waiver component, the department~~	121265
of ~~job and family services~~ or, if a state agency or political	121266
subdivision contracts with the ~~department~~ under section 5111.91	121267
of the Revised Code to administer the component, that state agency	121268
or political subdivision.	121269

~~"Level of care determination" means a determination of~~	121270
~~whether an individual needs the level of care provided by a~~	121271
~~hospital, nursing facility, or intermediate care facility for the~~	121272
~~mentally retarded and whether the individual, if determined to~~	121273
~~need that level of care, would receive hospital, nursing facility,~~	121274
or ~~intermediate care facility for the mentally retarded~~ services	121275
if not for a home and community-based services medicaid waiver	121276
component.	121277

~~"Medicaid buy-in for workers with disabilities program" means~~	121278
~~the component of the medicaid program established under sections~~	121279
~~5111.70 to 5111.7011 of the Revised Code.~~	121280

~~"Skilled nursing facility" means a facility certified as a~~	121281
~~skilled nursing facility under Title XVIII of the "Social Security~~	121282
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	121283

~~(B)~~ The following requirements apply to each home and	121284
community-based services medicaid waiver component:	121285

~~(1)~~(A) Only an individual who qualifies for a component shall	121286
receive that component's medicaid services.	121287

~~(2)~~(B) A level of care determination shall be made as part of	121288
the process of determining whether an individual qualifies for a	121289
component and shall be made each year after the initial	121290
determination if, during such a subsequent year, the	121291
administrative agency determines there is a reasonable indication	121292
that the individual's needs have changed.	121293

~~(3)~~(C) A written plan of care or individual service plan	121294
based on an individual assessment of the medicaid services that an	121295
individual needs to avoid needing admission to a hospital, nursing	121296
facility, or ~~intermediate care facility for the mentally retarded~~	121297
ICF/IID shall be created for each individual determined eligible	121298
for a component.	121299

~~(4)~~(D) Each individual determined eligible for a component	121300
shall receive that component's medicaid services in accordance	121301
with the individual's level of care determination and written plan	121302
of care or individual service plan.	121303

~~(5)~~(E) No individual may receive medicaid services under a	121304
component while the individual is a hospital inpatient or resident	121305
of a skilled nursing facility, nursing facility, or ~~intermediate~~	121306
~~care facility for the mentally retarded~~ICF/IID.	121307

~~(6)~~(F) No individual may receive prevocational, educational,	121308
or supported employment services under a component if the	121309
individual is eligible for such services that are funded with	121310
federal funds provided under 29 U.S.C. 730 or the "Individuals	121311
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	121312
1400, as amended.	121313

~~(7)~~(G) Safeguards shall be taken to protect the health and	121314
welfare of individuals receiving medicaid services under a	121315
component, including safeguards established in rules adopted under	121316
section ~~5111.85~~5166.02 of the Revised Code and safeguards	121317
established by licensing and certification requirements that are	121318
applicable to the providers of that component's medicaid services.	121319

~~(8)~~(H) No medicaid services may be provided under a component	121320
by a provider that is subject to standards that the "Social	121321
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	121322
be established if the provider fails to comply with the standards	121323
applicable to the provider.	121324

~~(9)~~(I) Individuals determined to be eligible for a component,	121325
or such individuals' representatives, shall be informed of that	121326
component's medicaid services, including any choices that the	121327
individual or representative may make regarding the component's	121328
medicaid services, and given the choice of either receiving	121329
medicaid services under that component or, as appropriate,	121330
hospital services, nursing facility services, or ~~intermediate care~~	121331
~~facility for the mentally retarded~~ICF/IID services.	121332

~~(10)~~(J) No individual shall lose eligibility for services	121333
under a component, or have the services reduced or otherwise	121334
disrupted, on the basis that the individual also receives services	121335
under the medicaid buy-in for workers with disabilities program.	121336

~~(11)~~(K) No individual shall lose eligibility for services	121337
under a component, or have the services reduced or otherwise	121338
disrupted, on the basis that the individual's income or resources	121339
increase to an amount above the eligibility limit for the	121340
component if the individual is participating in the medicaid	121341
buy-in for workers with disabilities program and the amount of the	121342
individual's income or resources does not exceed the eligibility	121343
limit for the medicaid buy-in for workers with disabilities	121344
program.	121345

~~(12)~~(L) No individual receiving services under a component	121346
shall be required to pay any cost sharing expenses for the	121347
services for any period during which the individual also	121348
participates in the medicaid buy-in for workers with disabilities	121349
program.	121350

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	121351
~~services~~medicaid may review and approve, modify, or deny written	121352
plans of care and individual service plans that section ~~5111.851~~	121353
5166.04 of the Revised Code requires be created for individuals	121354
determined eligible for a home and community-based services	121355
medicaid waiver component. If a state agency or political	121356
subdivision contracts with the department under section ~~5111.91~~	121357
5162.35 of the Revised Code to administer a home and	121358
community-based services medicaid waiver component and approves,	121359
modifies, or denies a written plan of care or individual service	121360
plan pursuant to the agency's or subdivision's administration of	121361
the component, the department may review the agency's or	121362
subdivision's approval, modification, or denial and order the	121363
agency or subdivision to reverse or modify the approval,	121364
modification, or denial. The state agency or political subdivision	121365
shall comply with the department's order.	121366

The department of ~~job and family services~~medicaid shall be	121367
granted full and immediate access to any records the department	121368
needs to implement its duties under this section.	121369

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	121370
maintain, for a period of time the department of ~~job and family~~	121371
~~services~~medicaid shall specify, financial records documenting	121372
the costs of medicaid services provided under the home and	121373
community-based services medicaid waiver components that the	121374
agency administers, including records of independent audits. The	121375
administrative agency shall make the financial records available	121376
on request to the United States secretary of health and human	121377
services, United States comptroller general, and their designees.	121378

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	121379
financially accountable for funds expended for medicaid services	121380
~~provided under~~covered by the home and community-based services	121381
medicaid waiver components that the agency administers.	121382

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	121383
subdivision that enters into a contract with the department of ~~job~~	121384
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	121385
Revised Code to administer a home and community-based services	121386
medicaid waiver component, or one or more aspects of such a	121387
component, shall provide the department a written assurance that	121388
the agency or subdivision will not violate any of the requirements	121389
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	121390
Code.	121391

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	121392
efficient and economical administration of medicaid waiver	121393
components, the department of ~~job and family services~~medicaid may	121394
transfer an individual enrolled in a medicaid waiver component	121395
administered by the department to another medicaid waiver	121396
component the department administers if the individual is eligible	121397
for the medicaid waiver component and the transfer does not	121398
jeopardize the individual's health or safety.	121399

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

121400

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	121401
~~the Revised Code.~~	121402

~~(2) "Medicaid waiver component" has the same meaning as in~~	121403
~~section 5111.85 of the Revised Code.~~	121404

~~(3) "Nursing facility" has the same meaning as in section~~	121405
~~5111.20 of the Revised Code.~~	121406

~~(4)~~, "Ohio home care program" means the program the	121407
department of ~~job and family services~~medicaid administers that	121408
provides state plan services and medicaid waiver component	121409
services pursuant to rules adopted ~~under sections 5111.01 and~~	121410
~~5111.02 of the Revised Code~~for the medicaid program and a	121411
medicaid waiver that went into effect July 1, 1998.	121412

(B) The ~~director~~department of ~~job and family services~~	121413
medicaid may ~~submit requests to the United States secretary of~~	121414
~~health and human services pursuant to section 1915 of the "Social~~	121415
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	121416
~~to obtain waivers of federal medicaid requirements that would~~	121417
~~otherwise be violated in the creation and implementation of~~create	121418
and administer two or more medicaid waiver components under which	121419
home and community-based services are provided to eligible	121420
individuals who need the level of care provided by a nursing	121421
facility or hospital. In administering the ~~requests~~medicaid	121422
waiver components, the ~~director~~department may specify the	121423
following:	121424

(1) The maximum number of individuals who may be enrolled in	121425
each of the medicaid waiver components ~~included in the requests~~;	121426

(2) The maximum amount the medicaid program may expend each	121427
year for each individual enrolled in the medicaid waiver	121428
components;	121429

(3) The maximum amount the medicaid program may expend each	121430
year for all individuals enrolled in the medicaid waiver	121431
components;	121432

(4) Any other requirements the ~~director~~department selects	121433
for the medicaid waiver components.	121434

(C) ~~If the secretary approves the medicaid waivers requested~~	121435
~~under this section, the director may create and implement the~~	121436
~~medicaid waiver components in accordance with the provisions of~~	121437
~~the approved waivers. The department of job and family services~~	121438
~~shall administer the medicaid waiver components.~~	121439

(D) After the first of any of the medicaid waiver components	121440
~~created~~that the department administers under this section begins	121441
to enroll eligible individuals, the ~~director~~department may	121442
~~submit to the United States secretary of health and human services~~	121443
~~an amendment to a medicaid waiver component of the Ohio home care~~	121444
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	121445
additional individuals in ~~that~~a medicaid waiver component of the	121446
Ohio home care program. ~~If the secretary approves the amendment,~~	121447
~~the director may cease to enroll additional individuals in that~~	121448
~~medicaid waiver component of the Ohio home care program.~~	121449

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

121450

~~"Medicaid waiver component" has the same meaning as in~~	121451
~~section 5111.85 of the Revised Code.~~	121452

~~"Unified long-term services and support medicaid waiver~~	121453
~~component" means the medicaid waiver component authorized by~~	121454
~~section 5111.864 of the Revised Code.~~	121455

~~(B) Subject to division (C) of this section, there is hereby~~	121456
~~created the Ohio home care program. The program shall provide home~~	121457
~~and community-based services. The department of job and family~~	121458
~~services medicaid shall administer the program.~~	121459

~~(C)~~ If the unified long-term services and support medicaid	121460
waiver component is created, the departments of aging and ~~job and~~	121461
~~family services~~medicaid shall ~~work together~~collaborate to	121462
determine whether the Ohio home care waiver program should	121463
continue to operate as a separate medicaid waiver component or be	121464
terminated. If the departments determine that the Ohio home care	121465
waiver program should be terminated, the program shall cease to	121466
exist on a date the departments shall specify.	121467

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

121468

~~"Hospital long-term care unit" has the same meaning as in~~	121469
~~section 3721.50 of the Revised Code.~~	121470

~~"Nursing facility" has the same meaning as in section 5111.20~~	121471
~~of the Revised Code.~~	121472

~~"Ohio home care program" means the medicaid waiver component~~	121473
~~created under section 5111.861 of the Revised Code.~~	121474

~~"Residential treatment facility" means a residential facility~~	121475
~~licensed by the department of mental health under section 5119.22~~	121476
~~of the Revised Code, or an institution certified by the department~~	121477
~~of job and family services under section 5103.03 of the Revised~~	121478
~~Code, that serves children and either has more than sixteen beds~~	121479
~~or is part of a campus of multiple facilities or institutions~~	121480
~~that, combined, have a total of more than sixteen beds.~~	121481

~~(B) Subject to division (C) of~~Unless the Ohio home care	121482
waiver program is terminated pursuant to section ~~5111.861~~5165.12	121483
of the Revised Code, the department of ~~job and family services~~	121484
medicaid shall establish a home first component for the Ohio home	121485
care waiver program. An individual is eligible for the Ohio home	121486
care waiver program's home first component if the individual has	121487
been determined to be eligible for the Ohio home care waiver	121488
program and at least one of the following applies:	121489

(1) If the individual is under twenty-one years of age, the	121490
individual received inpatient hospital services for at least	121491
fourteen consecutive days, or had at least three inpatient	121492
hospital stays during the twelve months, immediately preceding the	121493
date the individual applies for the Ohio home care waiver program.	121494

(2) If the individual is at least twenty-one but less than	121495
sixty years of age, the individual received inpatient hospital	121496
services for at least fourteen consecutive days immediately	121497
preceding the date the individual applies for the Ohio home care	121498
waiver program.	121499

(3) The individual received private duty nursing services	121500
under the medicaid program for at least twelve consecutive months	121501
immediately preceding the date the individual applies for the Ohio	121502
home care waiver program.	121503

(4) The individual does not reside in a nursing facility or	121504
hospital long-term care unit at the time the individual applies	121505
for the Ohio home care waiver program but is at risk of imminent	121506
admission to a nursing facility or hospital long-term care unit	121507
due to a documented loss of a primary caregiver.	121508

(5) The individual resides in a nursing facility at the time	121509
the individual applies for the Ohio home care waiver program.	121510

(6) At the time the individual applies for the Ohio home care	121511
waiver program, the individual participates in the money follows	121512
the person demonstration project authorized by section 6071 of the	121513
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	121514
and either resides in a residential treatment facility or	121515
inpatient hospital setting.	121516

~~(C)~~(B) An individual determined to be eligible for the home	121517
first component of the Ohio home care waiver program shall be	121518
enrolled in the ~~Ohio home care~~ program in accordance with rules	121519
adopted under section ~~5111.85~~5166.02 of the Revised Code.	121520

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

121521

~~"Medicaid waiver component" has the same meaning as in~~	121522
~~section 5111.85 of the Revised Code.~~	121523

~~"Unified long-term services and support medicaid waiver~~	121524
~~component" means the medicaid waiver component authorized by~~	121525
~~section 5111.864 of the Revised Code.~~	121526

~~(B) Subject to division (C) of this section, there is hereby~~	121527
~~created the Ohio transitions II aging carve-out program. The~~	121528
~~program shall provide home and community-based services. The~~	121529
~~department of job and family services shall administer the~~	121530
~~program.~~	121531

~~(C)~~ If the unified long-term services and support medicaid	121532
waiver component is created, the departments of aging and ~~job and~~	121533
~~family services~~medicaid shall ~~work together~~collaborate to	121534
determine whether the Ohio transitions II aging carve-out program	121535
should continue to operate as a separate medicaid waiver component	121536
or be terminated. If the departments determine that the Ohio	121537
transitions II aging carve-out program should be terminated, the	121538
program shall cease to exist on a date the departments shall	121539
specify.	121540

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

121541

~~"Medicaid waiver component" has the same meaning as in~~	121542
~~section 5111.85 of the Revised Code.~~	121543

~~"Nursing facility" has the same meaning as in section 5111.20~~	121544
~~of the Revised Code.~~	121545

~~(B)~~ The ~~director~~department of ~~job and family services~~	121546
medicaid shall ~~submit a request to the United States secretary of~~	121547
~~health and human services pursuant to section 1915n of the "Social~~	121548
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	121549
~~to obtain approval to~~ create a unified long-term services and	121550
support medicaid waiver component to provide home and	121551
community-based services to eligible individuals of any age who	121552
require the level of care provided by nursing facilities. The	121553
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	121554
collaborate with the ~~director~~department of aging in ~~seeking~~	121555
~~approval of the unified long-term services and support medicaid~~	121556
~~waiver component and, if the approval is obtained, in~~ creating and	121557
implementing the component.	121558

~~If the request to create the unified long-term services and~~	121559
~~support medicaid waiver component is approved, the~~The medicaid	121560
director ~~of job and family services, working~~shall collaborate	121561
with the director of aging~~, shall adopt~~when adopting rules under	121562
section ~~5111.85~~5166.02 of the Revised Code to implement the	121563
component. ~~The rules may authorize the director of aging to adopt~~	121564
~~rules in accordance with Chapter 119. of the Revised Code~~	121565
~~governing aspects of the unified long-term services and support~~	121566
~~medicaid waiver component.~~	121567

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	121568
~~"unified long-term services and support medicaid waiver program"~~	121569
~~or "program" means the medicaid waiver component authorized by~~	121570
~~section 5111.864 of the Revised Code.~~	121571

~~(B) If the United States secretary of health and human~~	121572
~~services approves the request submitted under section 5111.864 of~~	121573
~~the Revised Code to create the unified long-term services and~~	121574
~~support medicaid waiver program, the~~The department of ~~job and~~	121575
~~family services~~medicaid shall establish a home first component	121576
for the unified long-term services and support medicaid waiver	121577
program. The home first component shall be similar to the home	121578
first component of the medicaid-funded component of the PASSPORT	121579
program established under section ~~173.401~~173.521 of the Revised	121580
Code, ~~the home first component of the Ohio home care program~~	121581
~~established under section 5111.862 of the Revised Code, and~~ the	121582
home first component of the medicaid-funded component of the	121583
assisted living program established under section ~~5111.894~~173.542	121584
of the Revised Code, and the home first component of the Ohio home	121585
care waiver program established under section 5166.121 of the	121586
Revised Code.	121587

Sec. 5166.16. (A) As used in this section, "ODA or MCD	121588
medicaid waiver component" means all of the following:	121589

(1) The medicaid-funded component of the PASSPORT program,	121590
unless it is terminated pursuant to division (C) of section 173.52	121591
of the Revised Code;	121592

(2) The choices program, unless it is terminated pursuant to	121593
division (B) of section 173.53 of the Revised Code;	121594

(3) The medicaid-funded component of the assisted living	121595
program, unless it is terminated pursuant to division (C) of	121596
section 173.54 of the Revised Code;	121597

(4) The Ohio home care waiver program, unless it is	121598
terminated pursuant to section 5166.12 of the Revised Code;	121599

(5) The Ohio transitions II aging carve-out program, unless	121600
it is terminated pursuant to section 5166.13 of the Revised Code.	121601

(B) The medicaid director may create a home and	121602
community-based services medicaid waiver component as part of the	121603
integrated care delivery system. If the ICDS medicaid waiver	121604
component is created, both of the following apply:	121605

(1) The department of medicaid shall administer it;

121606

(2) When it begins to accept enrollments, no ICDS participant	121607
who is eligible for the ICDS medicaid waiver component shall be	121608
enrolled in an ODA or MCD medicaid waiver component regardless of	121609
whether the participant prefers to remain or be enrolled in an ODA	121610
or MCD medicaid waiver component.	121611

(C) A dual eligible individual who is eligible for an ODA or	121612
MCD medicaid waiver component may enroll in the component before	121613
the individual becomes an ICDS participant. The dual eligible	121614
individual shall disenroll from the ODA or MCD medicaid waiver	121615
component and enroll in the ICDS medicaid waiver component once	121616
the individual becomes an ICDS participant and it is possible to	121617
enroll the individual in the ICDS medicaid waiver component. The	121618
disenrollment from the ODA or MCD medicaid waiver component and	121619
enrollment into the ICDS medicaid waiver component shall occur	121620
regardless of whether the individual prefers to remain enrolled in	121621
the ODA or MCD medicaid waiver component.	121622

(D) An ICDS participant's disenrollment from an ODA or MCD	121623
medicaid waiver component and enrollment in the ICDS medicaid	121624
waiver component resulting from division (B)(2) or (C) of this	121625
section shall be accomplished without a disruption in the	121626
participant's services under the components.	121627

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	121628
~~5111.871 of the Revised Code:~~	121629

~~(1) "Intermediate care facility for the mentally retarded"~~	121630
~~has the same meaning as in section 5111.20 of the Revised Code.~~	121631

~~(2) "Medicaid waiver component" has the same meaning as in~~	121632
~~section 5111.85 of the Revised Code.~~	121633

~~(B)~~ The ~~director~~department of ~~job and family services~~	121634
medicaid may ~~apply to the United States secretary of health and~~	121635
~~human services for both of~~create the following:	121636

(1) One or more medicaid waiver components under which home	121637
and community-based services are provided to individuals with	121638
mental retardation or other developmental disability as an	121639
alternative to placement in ~~an intermediate care facility for the~~	121640
~~mentally retarded~~ICFs/IID;	121641

(2) One or more medicaid waiver components under which home	121642
and community-based services are provided in the form of any of	121643
the following:	121644

(a) Early intervention and supportive services for children	121645
under three years of age who have developmental delays or	121646
disabilities the ~~director~~department determines are significant;	121647

(b) Therapeutic services for children who have autism;

121648

(c) Specialized habilitative services for individuals who are	121649
eighteen years of age or older and have autism.	121650

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	121651
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	121652
provide services that are available under another medicaid waiver	121653
component. No medicaid waiver component ~~authorized by~~created	121654
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	121655
services to an individual that the individual is eligible to	121656
receive through an individualized education program as defined in	121657
section 3323.01 of the Revised Code.	121658

~~(D)~~(C) The director of developmental disabilities orand	121659
director of health may request that the ~~director~~department of ~~job~~	121660
~~and family services apply for~~medicaid create one or more medicaid	121661
~~waivers~~waiver components under this section.	121662

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	121663
component under this section, the ~~director~~department of ~~job and~~	121664
~~family services~~medicaid shall seek, accept, and consider public	121665
comments.	121666

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	121667
~~services~~medicaid shall enter into a contract with the department	121668
of developmental disabilities under section ~~5111.91~~5162.35 of the	121669
Revised Code with regard to one or more of the medicaid waiver	121670
components ~~established~~created by the department of ~~job and~~	121671
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	121672
Revised Code. ~~Subject, if needed, to the approval of the United~~	121673
~~States secretary of health and human services, the~~The contract	121674
shall include the medicaid waiver component known as the	121675
transitions developmental disabilities waiver. The contract shall	121676
provide for the department of developmental disabilities to	121677
administer the components in accordance with the terms of the	121678
federal medicaid waivers authorizing the components. The contract	121679
shall include a schedule for the department of developmental	121680
disabilities to begin administering the transitions developmental	121681
disabilities waiver. ~~The directors of job and family services and~~	121682
~~developmental disabilities shall adopt rules in accordance with~~	121683
~~Chapter 119. of the Revised Code governing the components.~~	121684

If the department of developmental disabilities or the	121685
department of ~~job and family services~~medicaid denies an	121686
individual's application for home and community-based services	121687
provided under any of these medicaid components, the department	121688
that denied the services shall give timely notice to the	121689
individual that the individual may ~~request a hearing under~~appeal	121690
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	121691

The departments of developmental disabilities and ~~job and~~	121692
~~family services~~medicaid may approve, reduce, deny, or terminate a	121693
medicaid service included in the individualized service plan	121694
developed for a medicaid recipient eligible for home and	121695
community-based services provided under any of these medicaid	121696
components. The departments shall consider the recommendations a	121697
county board of developmental disabilities makes under division	121698
(A)(1)(c) of section 5126.055 of the Revised Code. If either	121699
department approves, reduces, denies, or terminates a medicaid	121700
service, that department shall give timely notice to the medicaid	121701
recipient that the recipient may ~~request a hearing under~~appeal	121702
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	121703

If supported living, as defined in section 5126.01 of the	121704
Revised Code, is to be provided as a medicaid service under any of	121705
these components, any person or government entity with a current,	121706
valid ~~medicaid~~ provider agreement and a current, valid	121707
certificate under section 5123.161 of the Revised Code may provide	121708
the medicaid service.	121709

If a medicaid service is to be provided under any of these	121710
components by a residential facility, as defined in section	121711
5123.19 of the Revised Code, any person or government entity with	121712
a current, valid ~~medicaid~~ provider agreement and a current, valid	121713
license under section 5123.19 of the Revised Code may provide the	121714
medicaid service.	121715

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	121716
section, when the department of developmental disabilities	121717
allocates enrollment numbers to a county board of developmental	121718
disabilities for home and community-based services specified in	121719
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	121720
and provided under any of the medicaid waiver components that the	121721
department administers under section ~~5111.871~~5166.21 of the	121722
Revised Code, the department shall consider all of the following:	121723

(1) The number of individuals with mental retardation or	121724
other developmental disability who are on a waiting list the	121725
county board establishes under section 5126.042 of the Revised	121726
Code for those services and are given priority on the waiting	121727
list;	121728

(2) The implementation component required by division (A)(3)	121729
of section 5126.054 of the Revised Code of the county board's plan	121730
approved under section 5123.046 of the Revised Code;	121731

(3) Anything else the department considers necessary to	121732
enable county boards to provide those services to individuals in	121733
accordance with the priority requirements for waiting lists	121734
established under section 5126.042 of the Revised Code for those	121735
services.	121736

(B) Division (A) of this section applies to home and	121737
community-based services provided under the medicaid waiver	121738
component known as the transitions developmental disabilities	121739
waiver only to the extent, if any, provided by the contract	121740
required by section ~~5111.871~~5166.21 of the Revised Code regarding	121741
the ~~waiver~~component.	121742

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	121743
section, the medicaid director ~~of job and family services~~ shall	121744
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	121745
of the Revised Code establishing the ~~amount of reimbursement~~	121746
payment amounts or the methods by which the payment amounts of	121747
~~reimbursement~~ are to be determined for home and community-based	121748
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	121749
5166.20 of the Revised Code and provided under the components of	121750
the medicaid program that the department of developmental	121751
disabilities administers under section ~~5111.871~~5166.21 of the	121752
Revised Code. With respect to these rules, all of the following	121753
apply:	121754

(1) The rules shall establish procedures for the department	121755
of developmental disabilities to follow in arranging for the	121756
initial and ongoing collection of cost information from a	121757
comprehensive, statistically valid sample of persons and	121758
government entities providing the services at the time the	121759
information is obtained.	121760

(2) The rules shall establish procedures for the collection	121761
of consumer-specific information through an assessment instrument	121762
the department of developmental disabilities shall provide to the	121763
department of ~~job and family services~~medicaid.	121764

(3) With the information collected pursuant to divisions	121765
(A)(1) and (2) of this section, an analysis of that information,	121766
and other information the director determines relevant, the rules	121767
shall establish ~~reimbursement~~payment standards that do all of the	121768
following:	121769

(a) Assure that ~~reimbursement is~~payment amounts are	121770
consistent with efficiency, economy, and quality of care;	121771

(b) Consider the intensity of consumer resource need;

121772

(c) Recognize variations in different geographic areas	121773
regarding the resources necessary to assure the health and welfare	121774
of consumers;	121775

(d) Recognize variations in environmental supports available	121776
to consumers.	121777

(B) As part of the process of adopting rules ~~under~~authorized	121778
by this section, the director shall consult with the director of	121779
developmental disabilities, representatives of county boards of	121780
developmental disabilities, persons who provide the home and	121781
community-based services, and other persons and government	121782
entities the director identifies.	121783

(C) The ~~directors of job and family services~~medicaid	121784
director and director of developmental disabilities shall review	121785
the rules ~~adopted under~~authorized by this section at times they	121786
determine are necessary to ensure that the ~~amount of reimbursement~~	121787
payment amounts or the methods by which the payment amounts of	121788
~~reimbursement~~ are to be determined continue to meet the	121789
~~reimbursement~~payment standards established under division (A)(3)	121790
of this section.	121791

(D) This section applies to home and community-based services	121792
provided under the medicaid waiver component known as the	121793
transitions developmental disabilities waiver only to the extent,	121794
if any, provided by the contract required by section ~~5111.871~~	121795
5166.21 of the Revised Code regarding the ~~waiver~~component.	121796

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	121797
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	121798

(1) "Adult" means an individual at least eighteen years of	121799
age.	121800

(2) "Appropriate director" means the following:

121801

(a) The medicaid director in the context of all of the	121802
following:	121803

(i) The Ohio home care waiver program, unless it is	121804
terminated pursuant to section 5166.12 of the Revised Code;	121805

(ii) The Ohio transitions II aging carve-out program, unless	121806
it is terminated pursuant to section 5166.13 of the Revised Code;	121807

(iii) The integrated care delivery system medicaid waiver	121808
component authorized by section 5166.16 of the Revised Code.	121809

(b) The director of aging in the context of the	121810
medicaid-funded component of the PASSPORT program, unless it is	121811
terminated pursuant to division (C) of section 173.52 of the	121812
Revised Code.	121813

(3) "Authorized representative" means the following:

121814

(a) In the case of a consumer who is a minor, the consumer's	121815
parent, custodian, or guardian;	121816

(b) In the case of a consumer who is an adult, an individual	121817
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	121818
of the Revised Code to act on the consumer's behalf for purposes	121819
regarding home care attendant services.	121820

~~(3)~~(4) "Authorizing health care professional" means a health	121821
care professional who, pursuant to section ~~5111.887~~5166.307 of	121822
the Revised Code, authorizes a home care attendant to assist a	121823
consumer with self-administration of medication, nursing tasks, or	121824
both.	121825

~~(4)~~(5) "Consumer" means an individual to whom all of the	121826
following apply:	121827

(a) The individual is enrolled in a participating medicaid	121828
waiver component.	121829

(b) The individual has a medically determinable physical	121830
impairment to which both of the following apply:	121831

(i) It is expected to last for a continuous period of not	121832
less than twelve months.	121833

(ii) It causes the individual to require assistance with	121834
activities of daily living, self-care, and mobility, including	121835
either assistance with self-administration of medication or the	121836
performance of nursing tasks, or both.	121837

(c) In the case of an individual who is an adult, the	121838
individual is mentally alert and is, or has an authorized	121839
representative who is, capable of selecting, directing the actions	121840
of, and dismissing a home care attendant.	121841

(d) In the case of an individual who is a minor, the	121842
individual has an authorized representative who is capable of	121843
selecting, directing the actions of, and dismissing a home care	121844
attendant.	121845

~~(5)~~(6) "Controlled substance" has the same meaning as in	121846
section 3719.01 of the Revised Code.	121847

~~(6)~~(7) "Custodian" has the same meaning as in section	121848
2151.011 of the Revised Code.	121849

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	121850
catheter that terminates in the stomach.	121851

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	121852
of the Revised Code.	121853

~~(9)~~(10) "Health care professional" means a physician or	121854
registered nurse.	121855

~~(10)~~(11) "Home care attendant" means an individual holding a	121856
valid ~~medicaid~~ provider agreement in accordance with section	121857
~~5111.881~~5166.301 of the Revised Code that authorizes the	121858
individual to provide home care attendant services to consumers.	121859

~~(11)~~(12) "Home care attendant services" means all of the	121860
following as provided by a home care attendant:	121861

(a) Personal care aide services;

121862

(b) Assistance with the self-administration of medication;

121863

121864

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	121865
catheter that terminates in the jejunum.	121866

~~(13) "Medicaid waiver component" has the same meaning as in~~	121867
~~section 5111.85 of the Revised Code.~~	121868

(14) "Medication" means a drug as defined in section 4729.01	121869
of the Revised Code.	121870

(15) "Minor" means an individual under eighteen years of age.

121871

(16) "Participating medicaid waiver component" means ~~both~~	121872
all of the following:	121873

(a) The medicaid-funded component of the PASSPORT program,	121874
unless it is terminated pursuant to division (C) of section 173.52	121875
of the Revised Code;	121876

(b) The Ohio home care waiver program ~~created under~~, unless	121877
it is terminated pursuant to section ~~5111.861~~5166.12 of the	121878
Revised Code;	121879

~~(b)~~(c) The Ohio transitions II aging carve-out program	121880
~~created under~~, unless it is terminated pursuant to section	121881
~~5111.863~~5166.13 of the Revised Code;	121882

(d) The integrated care delivery system medicaid waiver	121883
component authorized by section 5166.16 of the Revised Code.	121884

(17) "Physician" means an individual authorized under Chapter	121885
4731. of the Revised Code to practice medicine and surgery or	121886
osteopathic medicine and surgery.	121887

(18) "Practice of nursing as a registered nurse," "practice	121888
of nursing as a licensed practical nurse," and "registered nurse"	121889
have the same meanings as in section 4723.01 of the Revised Code.	121890
"Registered nurse" includes an advanced practice registered nurse,	121891
as defined in section 4723.01 of the Revised Code.	121892

(19) "Schedule II," "schedule III," "schedule IV," and	121893
"schedule V" have the same meanings as in section 3719.01 of the	121894
Revised Code.	121895

(B) ~~The director of job and family services may submit~~	121896
~~requests to the United States secretary of health and human~~	121897
~~services to amend the federal medicaid waivers authorizing the~~	121898
~~participating~~Participating medicaid waiver components ~~to have~~	121899
~~those components~~may cover home care attendant services in	121900
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	121901
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	121902
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	121903
~~5111.8811 of the Revised Code, those sections shall be implemented~~	121904
~~regarding a participating medicaid waiver component only if the~~	121905
~~secretary approves a waiver amendment for the component.~~	121906

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	121907
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	121908
with an individual to authorize the individual to provide home	121909
care attendant services to consumers if the individual does both	121910
of the following:	121911

(A) Agrees to comply with the requirements of sections	121912
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	121913
section ~~5111.8811~~5166.02 of the Revised Code;	121914

(B) Provides the director evidence satisfactory to the	121915
director of all of the following:	121916

(1) That the individual either meets the personnel	121917
qualifications specified in 42 C.F.R. 484.4 for home health aides	121918
or has successfully completed at least one of the following:	121919

(a) A competency evaluation program or training and	121920
competency evaluation program approved or conducted by the	121921
director of health under section 3721.31 of the Revised Code;	121922

(b) A training program approved by the ~~department of job and~~	121923
~~family services~~appropriate director that includes training in at	121924
least all of the following and provides training equivalent to a	121925
training and competency evaluation program specified in division	121926
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	121927
484.36(a):	121928

(i) Basic home safety;

121929

(ii) Universal precautions for the prevention of disease	121930
transmission, including hand-washing and proper disposal of bodily	121931
waste and medical instruments that are sharp or may produce sharp	121932
pieces if broken;	121933

(iii) Personal care aide services;

121934

(iv) The labeling, counting, and storage requirements for	121935
schedule II, III, IV, and V medications.	121936

(2) That the individual has obtained a certificate of	121937
completion of a course in first aid from a first aid course to	121938
which all of the following apply:	121939

(a) It is not provided solely through the internet.

121940

(b) It includes hands-on training provided by a first aid	121941
instructor who is qualified to provide such training according to	121942
standards set in rules adopted under section ~~5111.8811~~5166.02 of	121943
the Revised Code.	121944

(c) It requires the individual to demonstrate successfully	121945
that the individual has learned the first aid taught in the	121946
course.	121947

(3) That the individual meets any other requirements for the	121948
medicaid provider agreement specified in rules adopted under	121949
section ~~5111.8811~~5166.02 of the Revised Code.	121950

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	121951
not less than twelve hours of in-service continuing education	121952
regarding home care attendant services each year and provide the	121953
appropriate director ~~of job and family services~~ evidence	121954
satisfactory to the appropriate director that the attendant	121955
satisfied this requirement. The evidence shall be submitted to the	121956
appropriate director not later than the annual anniversary of the	121957
issuance of the home care attendant's initial ~~medicaid~~ provider	121958
agreement.	121959

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	121960
of the following:	121961

(A) Maintain a clinical record for each consumer to whom the	121962
attendant provides home care attendant services in a manner that	121963
protects the consumer's privacy;	121964

(B) Participate in a face-to-face visit every ninety days	121965
with all of the following to monitor the health and welfare of	121966
each of the consumers to whom the attendant provides home care	121967
attendant services:	121968

(1) The consumer;

121969

(2) The consumer's authorized representative, if any;

121970

(3) A registered nurse who agrees to answer any questions	121971
that the attendant, consumer, or authorized representative has	121972
about consumer care needs, medications, and other issues.	121973

(C) Document the activities of each visit required by	121974
division (B) of this section in the consumer's clinical record	121975
with the assistance of the registered nurse.	121976

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	121977
a consumer with nursing tasks or self-administration of medication	121978
only after the attendant does both of the following:	121979

(1) Subject to division (B) of this section, completes	121980
consumer-specific training in how to provide the assistance that	121981
the authorizing health care professional authorizes the attendant	121982
to provide to the consumer;	121983

(2) At the request of the consumer, consumer's authorized	121984
representative, or authorizing health care professional,	121985
successfully demonstrates that the attendant has learned how to	121986
provide the authorized assistance to the consumer.	121987

(B) The training required by division (A)(1) of this section	121988
shall be provided by either of the following:	121989

(1) The authorizing health care professional;

121990

(2) The consumer or consumer's authorized representative in	121991
cooperation with the authorizing health care professional.	121992

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	121993
with both of the following when assisting a consumer with nursing	121994
tasks or self-administration of medication:	121995

(A) The written consent of the consumer or consumer's	121996
authorized representative provided to the appropriate director of	121997
~~job and family services~~ under section ~~5111.886~~5166.306 of the	121998
Revised Code;	121999

(B) The authorizing health care professional's written	122000
authorization provided to the appropriate director under section	122001
~~5111.887~~5166.307 of the Revised Code.	122002

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	122003
assisting a consumer with nursing tasks or self-administration of	122004
medication, the consumer or consumer's authorized representative	122005
shall provide the appropriate director ~~of job and family services~~	122006
a written statement signed by the consumer or authorized	122007
representative under which the consumer or authorized	122008
representative consents to both of the following:	122009

(A) Having the attendant assist the consumer with nursing	122010
tasks or self-administration of medication;	122011

(B) Assuming responsibility for directing the attendant when	122012
the attendant assists the consumer with nursing tasks or	122013
self-administration of medication.	122014

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	122015
to assist a consumer with nursing tasks or self-administration of	122016
medication, a health care professional shall provide the	122017
appropriate director ~~of job and family services~~ a written	122018
statement signed by the health care professional that includes all	122019
of the following:	122020

(A) The consumer's name and address;

122021

(B) A description of the nursing tasks or self-administration	122022
of medication with which the attendant is to assist the consumer,	122023
including, in the case of assistance with self-administration of	122024
medication, the name and dosage of the medication;	122025

(C) The times or intervals when the attendant is to assist	122026
the consumer with the self-administration of each dosage of the	122027
medication or nursing tasks;	122028

(D) The dates the attendant is to begin and cease providing	122029
the assistance;	122030

(E) A list of severe adverse reactions the attendant must	122031
report to the health care professional should the consumer	122032
experience one or more of the reactions;	122033

(F) At least one telephone number at which the attendant can	122034
reach the health care professional in an emergency;	122035

(G) Instructions the attendant is to follow when assisting	122036
the consumer with nursing tasks or self-administration of	122037
medication, including instructions for maintaining sterile	122038
conditions and for storage of task-related equipment and supplies;	122039

(H) The health care professional's attestation of both of the	122040
following:	122041

(1) That the consumer or consumer's authorized representative	122042
has demonstrated to the health care professional the ability to	122043
direct the attendant;	122044

(2) That the attendant has demonstrated to the health care	122045
professional the ability to provide the consumer assistance with	122046
nursing tasks or self-administration of medication that the health	122047
care professional has specifically authorized the attendant to	122048
provide and that the consumer or consumer's authorized	122049
representative has indicated to the health care professional that	122050
the consumer or authorized representative is satisfied with the	122051
attendant's demonstration.	122052

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	122053
attendant to assist a consumer with nursing tasks or	122054
self-administration of medication, a health care professional may	122055
not authorize a home care attendant to do any of the following:	122056

(A) Perform a task that is outside of the health care	122057
professional's scope of practice;	122058

(B) Assist the consumer with the self-administration of a	122059
medication, including a schedule II, schedule III, schedule IV, or	122060
schedule V drug unless both of the following apply:	122061

(1) The medication is administered orally, topically, or via	122062
a gastrostomy tube or jejunostomy tube, including through any of	122063
the following:	122064

(a) In the case of an oral medication, a metered dose	122065
inhaler;	122066

(b) In the case of a topical medication, including a	122067
transdermal medication, either of the following:	122068

(i) An eye, ear, or nose drop or spray;

122069

(ii) A vaginal or rectal suppository.

122070

(c) In the case of a gastrostomy tube or jejunostomy tube,	122071
only through a pre-programmed pump.	122072

(2) The medication is in its original container and the label	122073
attached to the container displays all of the following:	122074

(a) The consumer's full name in print;

122075

(b) The medication's dispensing date, which must not be more	122076
than twelve months before the date the attendant assists the	122077
consumer with self-administration of the medication;	122078

(c) The exact dosage and means of administration that match	122079
the health care professional's authorization to the attendant.	122080

(C) Assist the consumer with the self-administration of a	122081
schedule II, schedule III, schedule IV, or schedule V medication	122082
unless, in addition to meeting the requirements of division (B) of	122083
this section, all of the following apply:	122084

(1) The medication has a warning label on its container.

122085

(2) The attendant counts the medication in the consumer's or	122086
authorized representative's presence when the medication is	122087
administered to the consumer and records the count on a form used	122088
for the count as specified in rules adopted under section	122089
~~5111.8811~~5166.02 of the Revised Code.	122090

(3) The attendant recounts the medication in the consumer's	122091
or authorized representative's presence at least monthly and	122092
reconciles the recount on a log located in the consumer's clinical	122093
record.	122094

(4) The medication is stored separately from all other	122095
medications and is secured and locked at all times when not being	122096
administered to the consumer to prevent unauthorized access.	122097

(D) Perform an intramuscular injection;

122098

(E) Perform a subcutaneous injection unless it is for a	122099
routine dose of insulin;	122100

(F) Program a pump used to deliver a medication unless the	122101
pump is used to deliver a routine dose of insulin;	122102

(G) Insert, remove, or discontinue an intravenous access	122103
device;	122104

(H) Engage in intravenous medication administration;

122105

(I) Insert or initiate an infusion therapy;

122106

(J) Perform a central line dressing change.

122107

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	122108
home care attendant services to a consumer in accordance with the	122109
authorizing health care professional's authorization does not	122110
engage in the practice of nursing as a registered nurse or in the	122111
practice of nursing as a licensed practical nurse in violation of	122112
section 4723.03 of the Revised Code.	122113

A consumer or the consumer's authorized representative shall	122114
report to the appropriate director ~~of job and family services~~ if a	122115
home care attendant engages in the practice of nursing as a	122116
registered nurse or the practice of nursing as a licensed	122117
practical nurse beyond the authorizing health care professional's	122118
authorization. The appropriate director shall forward a copy of	122119
each report to the board of nursing.	122120

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	122121
select an individual to act on the consumer's behalf for purposes	122122
regarding home care attendant services by submitting a written	122123
notice of the consumer's selection of an authorized representative	122124
to the appropriate director ~~of job and family services~~. The	122125
notice shall specifically identify the individual the consumer	122126
selects as authorized representative and may limit what the	122127
authorized representative may do on the consumer's behalf	122128
regarding home care attendant services. A consumer may not select	122129
the consumer's home care attendant to be the consumer's authorized	122130
representative.	122131

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

122132

~~(1) "Home and community-based services medicaid waiver~~	122133
~~component" has the same meaning as in section 5111.85 of the~~	122134
~~Revised Code.~~	122135

~~(2) "Nursing facility" has the same meaning as in section~~	122136
~~5111.20 of the Revised Code.~~	122137

~~(B) To the extent funds are available, the~~The medicaid	122138
director ~~of job and family services~~ may establish the Ohio access	122139
success project to help medicaid recipients make the transition	122140
from residing in a nursing ~~facility~~facilities to residing in a	122141
community ~~setting~~settings. The project may be established as a	122142
separate nonmedicaid program or integrated into a new or existing	122143
home and community-based services medicaid waiver component. The	122144
director shall permit any medicaid recipient ~~of medicaid-funded~~	122145
receiving nursing facility services to apply for participation in	122146
the project, but may limit the number of project participants.	122147

The director shall ensure that an assessment of an applicant	122148
is conducted as soon as practicable to determine whether the	122149
applicant is eligible for participation in the project. To the	122150
maximum extent possible, the assessment and eligibility	122151
determination shall be completed not later than the date that	122152
occurs six months after the applicant ~~became a recipient of~~	122153
~~medicaid-funded~~begins to receive nursing facility services.	122154

~~(C)~~(B) To be eligible for benefits under the project, a	122155
medicaid recipient must satisfy all of the following requirements:	122156

(1) The medicaid recipient must be ~~a recipient of~~	122157
~~medicaid-funded~~receiving nursing facility services, at the time	122158
of applying for the project benefits.	122159

(2) If the project is established as a nonmedicaid program,	122160
the medicaid recipient must be able to remain in the community as	122161
a result of receiving project benefits and the projected cost of	122162
the benefits to the project does not exceed eighty per cent of the	122163
average monthly medicaid cost of a medicaid recipient in a nursing	122164
facility.	122165

(3) If the project is integrated into a home and	122166
community-based services medicaid waiver component, the medicaid	122167
recipient must meet the waiver component's enrollment criteria.	122168

~~(D)~~(C) If the director establishes the Ohio access success	122169
project, the benefits provided under the project may include	122170
payment of all of the following:	122171

(1) The first month's rent in a community setting;

122172

(2) Rental deposits;

122173

(3) Utility deposits;

122174

(4) Moving expenses;

122175

(5) Other expenses not covered by the medicaid program that	122176
facilitate a medicaid recipient's move from a nursing facility to	122177
a community setting.	122178

~~(E)~~(D) If the project is established as a nonmedicaid	122179
program, no participant may receive more than two thousand	122180
dollars' worth of benefits under the project.	122181

~~(F)~~(E) If the department of ~~job and family services~~medicaid	122182
enters into a contract with an entity to provide fiscal management	122183
services regarding the project, the contract may provide for a	122184
portion of a participant's benefits under the project to be paid	122185
to the contracting entity. The contract shall specify the portion	122186
to be paid to the contracting entity.	122187

~~(G) The director may submit a request to the United States~~	122188
~~secretary of health and human services pursuant to section 1915 of~~	122189
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	122190
~~as amended, to create a home and community-based services medicaid~~	122191
~~waiver component to serve individuals who meet the criteria for~~	122192
~~participation in the Ohio access success project.~~	122193

~~(H)~~(F) The director may adopt rules in accordance with	122194
Chapter 119. of the Revised Code for the administration and	122195
operation of the project. If the project is integrated into a home	122196
and community-based services medicaid waiver component, the rules	122197
shall be adopted under section ~~5111.85~~5166.02 of the Revised	122198
Code.	122199

Sec. 5167.01. As used in this chapter:

122200

(A) "Controlled substance" has the same meaning as in section	122201
3719.01 of the Revised Code.	122202

(B) "Dual eligible individual" has the same meaning as in	122203
section 5160.01 of the Revised Code.	122204

(C) "Emergency services" has the same meaning as in the	122205
"Social Security Act," section 1932(b)(2), 42 U.S.C.	122206
1396u-2(b)(2).	122207

(D) "Home and community-based services medicaid waiver	122208
component" has the same meaning as in section 5166.01 of the	122209
Revised Code.	122210

(E) "Medicaid managed care organization" means a managed care	122211
organization under contract with the department of medicaid	122212
pursuant to section 5167.10 of the Revised Code.	122213

(F) "Medicaid waiver component" has the same meaning as in	122214
section 5166.01 of the Revised Code.	122215

(G) "Nursing facility" has the same meaning as in section	122216
5165.01 of the Revised Code.	122217

(H) "Prescribed drug" has the same meaning as in section	122218
5164.01 of the Revised Code.	122219

(I) "Provider" means any person or government entity that	122220
furnishes services to a medicaid recipient enrolled in a medicaid	122221
managed care organization, regardless of whether the person or	122222
entity has a provider agreement.	122223

(J) "Provider agreement" has the same meaning as in section	122224
5164.01 of the Revised Code.	122225

Sec. 5167.02. The medicaid director shall adopt rules as	122226
necessary to implement this chapter. The rules shall be adopted in	122227
accordance with Chapter 119. of the Revised Code.	122228

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	122229
the department of ~~job and family services~~medicaid shall establish	122230
a care management system. ~~The department shall submit, if~~	122231
~~necessary, applications to the United States department of health~~	122232
~~and human services for waivers of federal medicaid requirements~~	122233
~~that would otherwise be violated in the implementation of the~~	122234
~~system.~~	122235

(B) The department shall implement the care management system	122236
in some or all counties and shall designate the medicaid	122237
recipients who are required or permitted to participate in the	122238
system. In the department's implementation of the system and	122239
designation of participants, all of the following apply:	122240

(1) In the case of individuals who receive medicaid on the	122241
basis of being included in the category identified by the	122242
department as covered families and children, the department shall	122243
implement the care management system in all counties. All	122244
individuals included in the category shall be designated for	122245
participation, except for individuals included in one or more of	122246
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	122247
The department shall ensure that all participants are enrolled in	122248
medicaid managed care organizations that are health insuring	122249
corporations ~~under contract with the department pursuant to~~	122250
~~section 5111.17 of the Revised Code~~.	122251

(2) In the case of individuals who receive medicaid on the	122252
basis of being aged, blind, or disabled, ~~as specified in division~~	122253
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	122254
shall implement the care management system in all counties. Except	122255
as provided in division (C) of this section, all individuals	122256
included in the category shall be designated for participation.	122257
The department shall ensure that all participants are enrolled in	122258
medicaid managed care organizations that are health insuring	122259
corporations ~~under contract with the department pursuant to~~	122260
~~section 5111.17 of the Revised Code~~.	122261

(3) Alcohol, drug addiction, and mental health services	122262
covered by medicaid shall not be included in any component of the	122263
care management system when the nonfederal share of the cost of	122264
those services is provided by a board of alcohol, drug addiction,	122265
and mental health services or a state agency other than the	122266
department of ~~job and family services~~medicaid, but the recipients	122267
of those services may otherwise be designated for participation in	122268
the system.	122269

(C)(1) In designating participants who receive medicaid on	122270
the basis of being aged, blind, or disabled, the department shall	122271
not include any of the following, except as provided under	122272
division (C)(2) of this section:	122273

(a) Individuals who are under twenty-one years of age;

122274

(b) Individuals who are institutionalized;

122275

(c) Individuals who become eligible for medicaid by spending	122276
down their income or resources to a level that meets the medicaid	122277
program's financial eligibility requirements;	122278

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	122279
~~medicaid program and the medicare program established under Title~~	122280
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	122281
~~1395, as amended~~individuals;	122282

(e) Individuals to the extent that they are receiving	122283
medicaid services through a medicaid waiver component~~, as defined~~	122284
~~in section 5111.85 of the Revised Code~~.	122285

(2) ~~If any necessary waiver of federal medicaid requirements~~	122286
~~is granted, the~~The department may designate any of the following	122287
individuals who receive medicaid on the basis of being aged,	122288
blind, or disabled as individuals who are permitted or required to	122289
participate in the care management system:	122290

(a) Individuals who are under twenty-one years of age;

122291

(b) Individuals who reside in a nursing facility~~, as defined~~	122292
~~in section 5111.20 of the Revised Code~~;	122293

(c) Individuals who, as an alternative to receiving nursing	122294
facility services, are participating in a home and community-based	122295
services medicaid waiver component~~, as defined in section 5111.85~~	122296
~~of the Revised Code~~;	122297

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	122298
~~medicaid program and the medicare program~~individuals.	122299

(D) Subject to division (B) of this section, the department	122300
may do both of the following under the care management system:	122301

(1) Require or permit participants in the system to obtain	122302
health care services from providers designated by the department;	122303

(2) Require or permit participants in the system to obtain	122304
health care services through medicaid managed care organizations	122305
~~under contract with the department pursuant to section 5111.17 of~~	122306
~~the Revised Code~~.	122307

~~(E)(1) The department shall prepare an annual report on the~~	122308
~~care management system. The report shall address the department's~~	122309
~~ability to implement the system, including all of the following~~	122310
~~components:~~	122311

~~(a) The required designation of participants included in the~~	122312
~~category identified by the department as covered families and~~	122313
~~children;~~	122314

~~(b) The required designation of participants included in the~~	122315
~~aged, blind, or disabled category of medicaid recipients;~~	122316

~~(c) The use of any programs for enhanced care management.~~

122317

~~(2) The department shall submit each annual report to the~~	122318
~~general assembly. The first report shall be submitted not later~~	122319
~~than October 1, 2007.~~	122320

~~(F) The director of job and family services may adopt rules~~	122321
~~in accordance with Chapter 119. of the Revised Code to implement~~	122322
~~this section.~~	122323

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

122324

(1) "Children's care network" means any of the following:

122325

(a) A children's hospital;

122326

(b) A group of children's hospitals;

122327

122328

(2) "Children's hospital" has the same meaning as in section	122329
2151.86 of the Revised Code.	122330

(B) If the department of ~~job and family services~~medicaid	122331
includes in the care management system, pursuant to section	122332
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	122333
years of age who are included in the category of individuals who	122334
receive medicaid on the basis of being aged, blind, or disabled,	122335
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	122336
~~Code,~~ the department ~~shall develop a system to~~may recognize	122337
entities as pediatric accountable care organizations. ~~The purpose~~	122338
~~of the recognition system shall be to meet the complex medical and~~	122339
~~behavioral needs of disabled children through new approaches to~~	122340
~~care coordination. The department shall implement the recognition~~	122341
~~system not later than July 1, 2012.~~	122342

An entity recognized by the department as a pediatric	122343
accountable care organization may develop innovative partnerships	122344
between relevant groups and may contract directly or subcontract	122345
with the state to provide care coordination and other services to	122346
the medicaid recipients under twenty-one years of age described in	122347
this division who are permitted or required to participate in the	122348
care management system.	122349

(C)(1) To be recognized by the department as a pediatric	122350
accountable care organization, an entity shall meet the standards	122351
established ~~in rules adopted under this section~~by the department.	122352
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	122353
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	122354
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	122355
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	122356
to those sections, and the laws of this state, the department	122357
shall not require that an entity be a health insuring corporation	122358
as a condition of receiving the department's recognition.	122359

(2) Any of the following entities may receive the	122360
department's recognition, if the standards for recognition have	122361
been met:	122362

(a) A children's care network;

122363

(b) A children's care network that may include one or more	122364
other entities, including, but not limited to, health insuring	122365
corporations or other managed care organizations;	122366

122367

(D) The ~~department~~medicaid director shall consult with all	122368
of the following in adopting rules ~~under~~authorized by division	122369
(E) of this section necessary for an entity to be recognized by	122370
the department as a pediatric accountable care organization:	122371

(1) The superintendent of insurance;

122372

(2) Children's hospitals;

122373

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	122374
~~contract pursuant to section 5111.17 of the Revised Code~~;	122375

(4) Any other relevant entities, as determined necessary by	122376
the department, with interests in pediatric accountable care	122377
organizations.	122378

(E) ~~The department shall adopt rules in accordance with~~	122379
~~Chapter 119. of the Revised Code as necessary to implement this~~	122380
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	122381
Revised Code, the ~~department~~medicaid director shall do all of the	122382
following:	122383

(1) Establish application procedures to be followed by an	122384
entity seeking recognition as a pediatric accountable care	122385
organization;	122386

(2) Ensure that the standards for recognition as a pediatric	122387
accountable care organization are the same as and do not conflict	122388
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	122389
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	122390
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	122391
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	122392
pursuant to those sections;	122393

(3) Establish requirements regarding the access to pediatric	122394
specialty care provided through or by a pediatric accountable care	122395
organization;	122396

(4) Establish accountability and financial requirements for	122397
an entity recognized as a pediatric accountable care organization;	122398

(5) Establish quality improvement initiatives consistent with	122399
any state medicaid quality plan established by the department;	122400

(6) Establish transparency and consumer protection	122401
requirements for an entity recognized as a pediatric accountable	122402
care organization;	122403

(7) Establish a process for sharing data.

122404

(F) This section does not limit the authority of the	122405
department of insurance to regulate the business of insurance in	122406
this state.	122407

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	122408
~~services~~medicaid may enter into contracts with managed care	122409
organizations, including health insuring corporations, under which	122410
the organizations are authorized to provide, or arrange for the	122411
provision of, health care services to ~~medical assistance~~medicaid	122412
recipients who are required or permitted to obtain health care	122413
services through managed care organizations as part of the care	122414
management system established under section ~~5111.16~~5167.03 of the	122415
Revised Code.	122416

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	122417
the department or its actuary shall base the hospital inpatient	122418
capital payment portion of the payment made to managed care	122419
organizations on data for services provided to all recipients	122420
enrolled in managed care organizations with which the department	122421
contracts, as reported by hospitals on relevant cost reports	122422
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	122423
the Revised Code.	122424

(2)(a) The hospital inpatient capital payment portion of the	122425
payment made to medicaid managed care organizations shall not	122426
exceed any maximum rate established by the department pursuant to	122427
rules adopted under this section.	122428

(b) If a maximum rate is established, a medicaid managed care	122429
organization shall not compensate hospitals for inpatient capital	122430
costs in an amount that exceeds that rate.	122431

(C) ~~The director of job and family services may adopt rules~~	122432
~~in accordance with Chapter 119. of the Revised Code to implement~~	122433
~~this section.~~	122434

~~(D)~~ The department of ~~job and family services~~medicaid shall	122435
allow a medicaid managed care organization to use providers to	122436
render care upon completion of the medicaid managed care	122437
organization's credentialing process.	122438

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	122439
~~5111.17~~5167.10 of the Revised Code with a health insuring	122440
corporation that holds a certificate of authority under Chapter	122441
1751. of the Revised Code, the department of ~~job and family~~	122442
~~services~~medicaid shall require the health insuring corporation to	122443
provide a grievance process for medicaid recipients in accordance	122444
with 42 C.F.R. 438, subpart F.	122445

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	122446
~~5111.17~~5167.10 of the Revised Code with a managed care	122447
organization that is a health insuring corporation, the department	122448
of ~~job and family services~~medicaid shall require the health	122449
insuring corporation to provide coverage of ~~prescription~~	122450
prescribed drugs for medicaid recipients enrolled in the health	122451
insuring corporation. In providing the required coverage, the	122452
health insuring corporation may, subject to the department's	122453
approval and the limitations specified in division (B) of this	122454
section, use strategies for the management of drug utilization.	122455

(B) The department shall not permit a health insuring	122456
corporation to impose a prior authorization requirement in the	122457
case of a drug to which all of the following apply:	122458

(1) The drug is an antidepressant or antipsychotic.

122459

(2) The drug is administered or dispensed in a standard	122460
tablet or capsule form, except that in the case of an	122461
antipsychotic, the drug also may be administered or dispensed in a	122462
long-acting injectable form.	122463

(3) The drug is prescribed by either of the following:

122464

(a) A physician whom the health insuring corporation,	122465
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	122466
Code, has credentialed to provide care as a psychiatrist;	122467

(b) A psychiatrist practicing at a community mental health	122468
~~agency~~services provider certified by the department of ~~mental~~	122469
~~health~~mental health and addiction services under section	122470
~~5119.611~~5119.36 of the Revised Code.	122471

(4) The drug is prescribed for a use that is indicated on the	122472
drug's labeling, as approved by the federal food and drug	122473
administration.	122474

(C) ~~As used in this division, "controlled substance" has the~~	122475
~~same meaning as in section 3719.01 of the Revised Code.~~	122476

The department shall permit a health insuring corporation to	122477
develop and implement a pharmacy utilization management program	122478
under which prior authorization through the program is established	122479
as a condition of obtaining a controlled substance pursuant to a	122480
prescription.	122481

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	122482
~~and family services~~medicaid enters into with a managed care	122483
organization under section ~~5111.17~~5167.10 of the Revised Code	122484
shall require the managed care organization to implement a	122485
coordinated services program for medicaid recipients enrolled in	122486
the organization who are found to have obtained ~~prescription~~	122487
prescribed drugs under the medicaid program at a frequency or in	122488
an amount that is not medically necessary. The program shall be	122489
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	122490
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	122491
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	122492
431.54(e).	122493

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	122494
~~and family services~~medicaid enters into with a managed care	122495
organization under section ~~5111.17~~5167.10 of the Revised Code	122496
shall require the managed care organization to enter into a data	122497
security agreement with the state board of pharmacy governing the	122498
managed care organization's use of the board's drug database	122499
established and maintained under section 4729.75 of the Revised	122500
Code.	122501

This section does not apply if the board no longer maintains	122502
the drug database.	122503

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

122504

~~(1) "Emergency services" has the same meaning as in section~~	122505
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	122506
~~U.S.C. 1396u-2(b)(2), as amended.~~	122507

~~(2) "Medicaid managed care organization" means a managed care~~	122508
~~organization that has entered into a contract with the department~~	122509
~~of job and family services pursuant to section 5111.17 of the~~	122510
~~Revised Code.~~	122511

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	122512
when a participant in the care management system established under	122513
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	122514
medicaid managed care organization and the organization refers the	122515
participant to receive services, other than emergency services	122516
provided on or after January 1, 2007, at a hospital that	122517
participates in the medicaid program but is not under contract	122518
with the organization, the hospital shall provide the service for	122519
which the referral was made and shall accept from the	122520
organization, as payment in full, the amount derived from the	122521
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	122522
other hospitals of the same type for providing the same service to	122523
a medicaid recipient who is not enrolled in a medicaid managed	122524
care organization.	122525

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	122526
section if all of the following are the case:	122527

(1) The hospital is located in a county in which participants	122528
in the care management system are required before January 1, 2006,	122529
to be enrolled in a medicaid managed care organization that is a	122530
health insuring corporation;	122531

(2) The hospital has entered into a contract before January	122532
1, 2006, with at least one health insuring corporation serving the	122533
participants specified in division ~~(C)~~(B)(1) of this section;	122534

(3) The hospital remains under contract with at least one	122535
health insuring corporation serving participants in the care	122536
management system who are required to be enrolled in a health	122537
insuring corporation.	122538

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	122539
adopt rules under section 5167.02 of the Revised Code specifying	122540
the circumstances under which a medicaid managed care organization	122541
is permitted to refer a participant in the care management system	122542
to a hospital that is not under contract with the organization.	122543
~~The director may adopt any other rules necessary to implement this~~	122544
~~section. All rules adopted under this section shall be adopted in~~	122545
~~accordance with Chapter 119. of the Revised Code.~~	122546

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

122547

~~(1) "Emergency services" has the same meaning as in section~~	122548
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	122549
~~U.S.C. 1396u-2(b)(2), as amended.~~	122550

~~(2) "Medicaid managed care organization" has the same meaning~~	122551
~~as in section 5111.162 of the Revised Code.~~	122552

~~(3) "Provider" means any person, institution, or entity that~~	122553
~~furnishes emergency services to a medicaid recipient enrolled in a~~	122554
~~medicaid managed care organization, regardless of whether the~~	122555
~~person, institution, or entity has a provider agreement with the~~	122556
~~department of job and family services pursuant to Title XIX of the~~	122557
~~"Social Security Act."~~	122558

~~(B)~~ When a participant in the care management system	122559
established under ~~section 5111.16 of the Revised Code~~this chapter	122560
is enrolled in a medicaid managed care organization and receives	122561
emergency services on or after January 1, 2007, from a provider	122562
that is not under contract with the organization, the provider	122563
shall accept from the organization, as payment in full, not more	122564
than the amounts (less any payments for indirect costs of medical	122565
education and direct costs of graduate medical education) that the	122566
provider could collect if the participant received medicaid other	122567
than through enrollment in a managed care organization.	122568

An agreement entered into by a participant, a participant's	122569
parent, or a participant's legal guardian that requires payment	122570
for emergency services in violation of this section is void and	122571
unenforceable.	122572

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

122573

(1) "Covered skilled nursing facility services" has the same	122574
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	122575
U.S.C. 1395yy(e)(2)(A).	122576

(2) "Current medicare fee-for-service rate" means the	122577
fee-for-service rate in effect for a covered skilled nursing	122578
facility service under medicare at the time the service is	122579
provided.	122580

(3) "Skilled nursing facility" has the same meaning as in the	122581
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	122582

(B) Except as provided in division (C) of this section, a	122583
medicaid managed care organization shall pay a skilled nursing	122584
facility at least the current medicare fee-for-service rate,	122585
without deduction for any coinsurance, for covered skilled nursing	122586
facility services that the skilled nursing facility provides to a	122587
dual eligible individual if the medicaid managed care organization	122588
is responsible for the payment under the terms of a contract that	122589
the medicaid managed care organization, ~~medical assistance~~	122590
medicaid director, and United States secretary of health and human	122591
services jointly enter into under the integrated care delivery	122592
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	122593

(C) A medicaid managed care organization is required to pay	122594
the rate specified in division (B) of this section for covered	122595
skilled nursing facility services only if all of the following	122596
apply:	122597

(1) The United States secretary agrees to the payment rate as	122598
part of the contract that the medicaid managed care organization,	122599
~~medical assistance~~medicaid director, and United States secretary	122600
jointly enter into under the integrated care delivery system;	122601

(2) The medicaid managed care organization receives a federal	122602
capitation payment that is an actuarially sufficient amount for	122603
the costs that the medicaid managed care organization incurs in	122604
paying the rate;	122605

(3) No state funds are used for any part of the costs that	122606
the medicaid managed care organization incurs in paying the rate;	122607

(4) The integrated care delivery system provides for dual	122608
eligible individuals to receive the covered skilled nursing	122609
facility services as part of the system.	122610

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	122611
~~family services~~ shall determine whether a waiver of federal	122612
medicaid requirements is necessary to fulfill the requirements of	122613
section 3901.3814 of the Revised Code. If the director determines	122614
a waiver is necessary, the department of ~~job and family services~~	122615
medicaid shall apply to the United States secretary of health and	122616
human services for the waiver.	122617

(B)(1) If the director determines that section 3901.3814 of	122618
the Revised Code can be implemented without a waiver or a waiver	122619
is granted, the department shall notify the department of	122620
insurance that the section can be implemented. Implementation of	122621
the section shall be effective eighteen months after the notice is	122622
sent.	122623

(2) At the time the notice is given under division (B)(1) of	122624
this section, the department shall also give notice to each health	122625
insuring corporation that provides coverage to medicaid	122626
recipients. The notice shall inform the corporation that sections	122627
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	122628
claims for services rendered to recipients on the date determined	122629
under division (B)(1) of this section, instead of the prompt	122630
payment requirements of 42 C.F.R. 447.46. That date shall be	122631
specified in the notice.	122632

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	122633
amount the department of ~~job and family services~~medicaid pays	122634
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	122635
the amount of disproportionate share hospital payments paid by the	122636
medicare program ~~established under Title XVIII of~~pursuant to the	122637
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	122638
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	122639
~~contract with the department pursuant to section 5111.17 of the~~	122640
~~Revised Code authorizing the organization to provide, or arrange~~	122641
~~for the provision of, hospital services to medicaid recipients~~	122642
shall keep detailed records for each hospital with which it	122643
contracts ~~about~~, including records regarding the cost to the	122644
hospital of providing ~~the~~hospital services for the organization,	122645
payments made by the organization to the hospital for the	122646
services, utilization of hospital services by medicaid recipients	122647
enrolled in the organization, and other utilization data required	122648
by the department.	122649

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	122650
~~family services~~medicaid shall establish a managed care	122651
performance payment program. Under the program, the department may	122652
provide payments to medicaid managed care organizations ~~under~~	122653
~~contract with the department pursuant to section 5111.17 of the~~	122654
~~Revised Code~~ that meet performance standards established by the	122655
department.	122656

(2) In establishing performance standards, the department may	122657
consult any of the following:	122658

(a) Any quality measurements developed under the pediatric	122659
quality measures program established pursuant to the "Social	122660
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	122661

(b) Any core set of adult health quality measures for	122662
medicaid eligible adults used for purposes of the "Social Security	122663
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	122664
quality used for purposes of the medicaid quality measurement	122665
program when the program is established under ~~42 U.S.C. 1320b-9b~~	122666
that section of the "Social Security Act";	122667

(c) The most recent healthcare effectiveness data and	122668
information set and quality measurement tool established by the	122669
national committee for quality assurance.	122670

(3) The standards that must be met to receive the payments	122671
may be specified in the contract the department enters into with a	122672
medicaid managed care organization.	122673

(4) If a medicaid managed care organization meets the	122674
performance standards established by the department, the	122675
department shall make one or more performance payments to the	122676
organization. The amount of each performance payment, the number	122677
of payments, and the schedule for making the payments shall be	122678
established by the department. The payments shall be discontinued	122679
if the department determines that the organization no longer meets	122680
the performance standards. The department shall not make or	122681
discontinue payments based on any performance standard that has	122682
been in effect as part of the organization's contract for less	122683
than six months.	122684

(B) For purposes of the program, the department shall	122685
establish an amount that is to be withheld each time a premium	122686
payment is made to a medicaid managed care organization. The	122687
amount shall be established as a percentage of each premium	122688
payment. The percentage shall be the same for all medicaid managed	122689
care organizations ~~under contract with the department~~. The sum of	122690
all withholdings under this division shall not exceed ~~one~~two per	122691
cent of the total of all premium payments made to all medicaid	122692
managed care organizations ~~under contract with the department~~.	122693

Each medicaid managed care organization shall agree to the	122694
withholding as a condition of receiving or maintaining its	122695
~~medicaid~~ provider agreement with the department.	122696

When the amount is established and each time the amount is	122697
modified thereafter, the department shall certify the amount to	122698
the director of budget and management and begin withholding the	122699
amount from each premium the department pays to a medicaid managed	122700
care organization.	122701

~~(C) There is hereby created in the state treasury the managed~~	122702
~~care performance payment fund. The fund shall consist of amounts~~	122703
~~transferred to it by the director of budget and management for the~~	122704
~~purpose of the program. All investment earnings of the fund shall~~	122705
~~be credited to the fund. Amounts in the fund shall be used solely~~	122706
~~to make performance payments to managed care organizations in~~	122707
~~accordance with this section.~~	122708

~~(D) The department may adopt rules as necessary to implement~~	122709
~~this section. The rules shall be adopted in accordance with~~	122710
~~Chapter 119. of the Revised Code.~~	122711

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	122712
~~services~~medicaid may provide financial incentive awards to	122713
medicaid managed care organizations ~~under contract with the~~	122714
~~department pursuant to section 5111.17 of the Revised Code~~ that	122715
meet or exceed performance standards specified in provider	122716
agreements or rules adopted by the ~~department~~medicaid director	122717
under section 5167.02 of the Revised Code. The department may	122718
specify in a contract with a medicaid managed care organization	122719
the amounts of financial incentive awards, methodology for	122720
distributing awards, types of awards, and standards for	122721
administration by the department.	122722

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	122723
~~services~~medicaid shall appoint a temporary manager for a	122724
medicaid managed care organization ~~under contract with the~~	122725
~~department pursuant to section 5111.17 of the Revised Code~~ if the	122726
department determines that the medicaid managed care organization	122727
has repeatedly failed to meet substantive requirements specified	122728
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	122729
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	122730
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	122731
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	122732
manager does not preclude the department from imposing other	122733
sanctions available to the department against the medicaid managed	122734
care organization.	122735

The medicaid managed care organization shall pay all costs of	122736
having the temporary manager perform the temporary manager's	122737
duties, including all costs the temporary manager incurs in	122738
performing those duties. If the temporary manager incurs costs or	122739
liabilities on behalf of the medicaid managed care organization,	122740
the medicaid managed care organization shall pay those costs and	122741
be responsible for those liabilities.	122742

The appointment of a temporary manager is not subject to	122743
Chapter 119. of the Revised Code, but the managed care	122744
organization may request a reconsideration of the appointment.	122745
Reconsiderations shall be requested and conducted in accordance	122746
with rules the ~~director of job and family services~~medicaid	122747
director shall adopt ~~in accordance with Chapter 119. of~~under	122748
section 5167.02 of the Revised Code.	122749

The appointment of a temporary manager does not cause the	122750
medicaid managed care organization to lose the right to appeal, in	122751
accordance with Chapter 119. of the Revised Code, any proposed	122752
termination or any decision not to ~~renew~~revalidate the medicaid	122753
managed care organization's ~~medicaid~~ provider agreement or the	122754
right to initiate the sale of the medicaid managed care	122755
organization or its assets.	122756

~~In addition to the rules required to be adopted under this~~	122757
~~section, the director may adopt any other rules necessary to~~	122758
~~implement this section. The rules shall be adopted in accordance~~	122759
~~with Chapter 119. of the Revised Code.~~	122760

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	122761
~~services~~medicaid may disenroll some or all medicaid recipients	122762
enrolled in a medicaid managed care organization ~~under contract~~	122763
~~with the department pursuant to section 5111.17 of the Revised~~	122764
~~Code~~ if the department proposes to terminate or not to ~~renew~~	122765
revalidate the contract and determines that the recipients' access	122766
to medically necessary services is jeopardized by the proposal to	122767
terminate or not to ~~renew~~revalidate the contract. The	122768
disenrollment is not subject to Chapter 119. of the Revised Code,	122769
but the medicaid managed care organization may request a	122770
reconsideration of the disenrollment. Reconsiderations shall be	122771
requested and conducted in accordance with rules the medicaid	122772
director ~~of job and family services~~ shall adopt ~~in accordance with~~	122773
~~Chapter 119.~~under section 5167.02 of the Revised Code. The	122774
request for, or conduct of, a reconsideration regarding a proposed	122775
disenrollment shall not delay the disenrollment.	122776

~~In addition to the rules required to be adopted under this~~	122777
~~section, the director may adopt any other rules necessary to~~	122778
~~implement this section. The rules shall be adopted in accordance~~	122779
~~with Chapter 119. of the Revised Code.~~	122780

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	122781
~~5112.21~~5168.14 of the Revised Code:	122782

(A) "Bad debt," "charity care," "courtesy care," and	122783
"contractual allowances" have the same meanings given these terms	122784
in regulations adopted under Title XVIII of the "Social Security	122785
Act," 42 U.S.C. 1395 et seq.	122786

(B) "Cost reporting period" means the twelve-month period	122787
used by a hospital in reporting costs for purposes of Title XVIII	122788
of the "Social Security Act," 42 U.S.C. 1395 et seq.	122789

(C) "Disproportionate share hospital" means a hospital that	122790
meets the definition of a disproportionate share hospital in rules	122791
adopted under section 5168.02 of the Revised Code.	122792

(D) "Federal poverty line" means the official poverty line	122793
defined by the United States office of management and budget based	122794
on the most recent data available from the United States bureau of	122795
the census and revised by the United States secretary of health	122796
and human services pursuant to the "Omnibus Budget Reconciliation	122797
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	122798

(E) "Governmental hospital" means a county hospital with more	122799
than five hundred registered beds or a state-owned and -operated	122800
hospital with more than five hundred registered beds.	122801

(F)(1) "Hospital" means a nonfederal hospital to which either	122802
of the following applies:	122803

(a) The hospital is registered under section 3701.07 of the	122804
Revised Code as a general medical and surgical hospital or a	122805
pediatric general hospital, and provides inpatient hospital	122806
services, as defined in 42 C.F.R. 440.10;	122807

(b) The hospital is recognized under the medicare program	122808
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	122809
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	122810
is exempt from the medicare prospective payment system.	122811

(2) "Hospital" does not include a hospital operated by a	122812
health insuring corporation that has been issued a certificate of	122813
authority under section 1751.05 of the Revised Code or a hospital	122814
that does not charge patients for services.	122815

~~(2) "Disproportionate share hospital" means a hospital that~~	122816
~~meets the definition of a disproportionate share hospital in rules~~	122817
~~adopted under section 5112.03 of the Revised Code.~~	122818

~~(B) "Bad debt," "charity care," "courtesy care," and~~	122819
~~"contractual allowances" have the same meanings given these terms~~	122820
~~in regulations adopted under Title XVIII of the "Social Security~~	122821
~~Act."~~	122822

~~(C) "Cost reporting period" means the twelve-month period~~	122823
~~used by a hospital in reporting costs for purposes of Title XVIII~~	122824
~~of the "Social Security Act."~~	122825

~~(D) "Governmental hospital" means a county hospital with more~~	122826
~~than five hundred registered beds or a state-owned and -operated~~	122827
~~hospital with more than five hundred registered beds.~~	122828

~~(E)~~(G) "Indigent care pool" means the sum of the following:

122829

(1) The total of assessments to be paid in a program year by	122830
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	122831
less the assessments deposited into the legislative budget	122832
services fund under section ~~5112.19~~5168.12 of the Revised Code	122833
and into the health care services administration fund created	122834
under section ~~5111.94~~5162.54 of the Revised Code;	122835

(2) The total amount of intergovernmental transfers required	122836
to be made in the same program year by governmental hospitals	122837
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	122838
of transfers deposited into the legislative budget services fund	122839
under section ~~5112.19~~5168.12 of the Revised Code and into the	122840
health care services administration fund created under section	122841
~~5111.94~~5162.54 of the Revised Code;	122842

(3) The total amount of federal matching funds that will be	122843
made available in the same program year as a result of funds	122844
distributed by the department of ~~job and family services~~medicaid	122845
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	122846

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	122847
money by a governmental hospital under section ~~5112.07~~5168.07 of	122848
the Revised Code.	122849

~~(G) "Medical assistance program" means the program of medical~~	122850
~~assistance established under section 5111.01 of the Revised Code~~	122851
~~and Title XIX of the "Social Security Act."~~	122852

~~(H)~~(I) "Medicaid services" has the same meaning as in section	122853
5164.01 of the Revised Code.	122854

(J) "Program year" means a period beginning the first day of	122855
October, or a later date designated in rules adopted under section	122856
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	122857
of September, or an earlier date designated in rules adopted under	122858
that section.	122859

~~(I)~~(K) "Registered beds" means the total number of hospital	122860
beds registered with the department of health, as reported in the	122861
most recent "directory of registered hospitals" published by the	122862
department of health.	122863

~~(J)~~(L) "Third-party payer" means any person or government	122864
entity that may be liable by law or contract to make payment to or	122865
on behalf of an individual for health care services. "Third-party	122866
payer" does not include a hospital.	122867

(M) "Total facility costs" means the total costs for all	122868
services rendered to all patients, including the direct, indirect,	122869
and overhead cost to the hospital of all services, supplies,	122870
equipment, and capital related to the care of patients, regardless	122871
of whether patients are enrolled in a health insuring corporation,	122872
excluding costs associated with providing skilled nursing services	122873
in distinct-part nursing facility units, as shown on the	122874
hospital's cost report filed under section ~~5112.04~~5168.05 of the	122875
Revised Code. Effective October 1, 1993, if rules adopted under	122876
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	122877
facility costs" may exclude costs associated with providing care	122878
to recipients of any of the governmental programs listed in	122879
division (B) of that section.	122880

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

122881

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	122882
~~services shall adopt, and may amend and rescind,~~medicaid director	122883
shall adopt rules in accordance with Chapter 119. of the Revised	122884
Code for the purpose of administering sections ~~5112.01~~5168.01 to	122885
~~5112.21~~5168.14 of the Revised Code, including rules that do all	122886
of the following:	122887

(1) Define as a "disproportionate share hospital" any	122888
hospital included under ~~subsection (b) of section 1923 of~~ the	122889
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	122890
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	122891
director determines appropriate;	122892

(2) Prescribe the form for submission of cost reports under	122893
section ~~5112.04~~5168.05 of the Revised Code;	122894

(3) Establish, in accordance with division (A) of section	122895
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	122896
to be applied to hospitals under that section;	122897

(4) Establish schedules for hospitals to pay installments on	122898
their assessments under section ~~5112.06~~5168.06 of the Revised	122899
Code and for governmental hospitals to pay installments on their	122900
intergovernmental transfers under section ~~5112.07~~5168.07 of the	122901
Revised Code;	122902

(5) Establish procedures to notify hospitals of adjustments	122903
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	122904
Revised Code in the amount of installments on their assessment;	122905

(6) Establish procedures to notify hospitals of adjustments	122906
made under division (D) of section ~~5112.09~~5168.08 of the Revised	122907
Code in the total amount of their assessment and to adjust for the	122908
remainder of the program year the amount of the installments on	122909
the assessments;	122910

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	122911
the Revised Code, the methodology for paying hospitals under that	122912
section.	122913

The director shall consult with hospitals when adopting the	122914
rules required by divisions (A)(4) and (5) of this section in	122915
order to minimize hospitals' cash flow difficulties.	122916

(B) Rules adopted under this section may provide that "total	122917
facility costs" excludes costs associated with any of the	122918
following:	122919

(1) ~~Recipients of the medical assistance program~~Medicaid	122920
recipients;	122921

(2) Recipients of disability financial assistance provided	122922
under Chapter 5115. of the Revised Code;	122923

(3) Recipients of the program for medically handicapped	122924
children established under section 3701.023 of the Revised Code;	122925

(4) ~~Recipients of the medicare program established under~~	122926
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	122927
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	122928

(5) Recipients of Title V of the "Social Security Act," 42	122929
U.S.C. 701 et seq.,;	122930

(6) Any other category of costs deemed appropriate by the	122931
director in accordance with Title XIX of the "Social Security	122932
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	122933
title.	122934

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	122935
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	122936
as the United States health care financing administration	122937
determines that the assessment imposed under section ~~5112.06~~	122938
5168.06 of the Revised Code is a permissible health care-related	122939
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	122940
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	122941
~~amended~~. Whenever the department of ~~job and family services~~	122942
medicaid is informed that the assessment is an impermissible	122943
health care-related tax, the department shall promptly refund to	122944
each hospital the amount of money currently in the hospital care	122945
assurance program fund created by section ~~5112.18~~5168.11 of the	122946
Revised Code that has been paid by the hospital under section	122947
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	122948
investment earnings on that amount.	122949

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	122950
~~services~~medicaid shall operate the hospital care assurance	122951
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	122952
of the Revised Code on a program year basis. The department shall	122953
complete all program requirements on or before the thirtieth day	122954
of September each year.	122955

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	122956
of this section, each hospital, on or before the first day of July	122957
of each year or at a later date approved by the medicaid director	122958
~~of job and family services~~, shall submit to the department of ~~job~~	122959
~~and family services~~medicaid a financial statement for the	122960
preceding calendar year that accurately reflects the income,	122961
expenses, assets, liabilities, and net worth of the hospital, and	122962
accompanying notes. A hospital that has a fiscal year different	122963
from the calendar year shall file its financial statement within	122964
one hundred eighty days of the end of its fiscal year or at a	122965
later date approved by the director ~~of job and family services~~.	122966
The financial statement shall be prepared by an independent	122967
certified public accountant and reflect an official audit report	122968
prepared in a manner consistent with generally accepted accounting	122969
principles. The financial statement shall, to the extent that the	122970
hospital has sufficient financial records, show bad debt and	122971
charity care separately from courtesy care and contractual	122972
allowances.	122973

(B) Except as provided in division (C) of this section, each	122974
hospital, within one hundred eighty days after the end of the	122975
hospital's cost reporting period, shall submit to the department a	122976
cost report in a format prescribed in rules adopted ~~by the~~	122977
~~director of job and family services~~ under section ~~5112.03~~5168.02	122978
of the Revised Code. The department shall grant a hospital an	122979
extension of the one hundred eighty day period if the health care	122980
financing administration of the United States department of health	122981
and human services extends the date by which the hospital must	122982
submit its cost report for the hospital's cost reporting period.	122983

(C) The director ~~of job and family services~~ may adopt rules	122984
under section ~~5112.03~~5168.02 of the Revised Code specifying	122985
financial information that must be submitted by hospitals for	122986
which no financial statement or cost report is available. The	122987
rules shall specify deadlines for submitting the information. Each	122988
such hospital shall submit the information specified in the rules	122989
not later than the deadline specified in the rules.	122990

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	122991
funds to hospitals under the ~~medical assistance~~medicaid program	122992
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	122993
Revised Code and depositing funds into the legislative budget	122994
services fund under section ~~5112.19~~5168.12 of the Revised Code	122995
and into the health care services administration fund created	122996
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	122997
imposed an assessment on all hospitals. Each hospital's assessment	122998
shall be based on total facility costs. All hospitals shall be	122999
assessed according to the rate or rates established each program	123000
year ~~by the department of job and family services~~ in rules adopted	123001
under section ~~5112.03~~5168.02 of the Revised Code. The department	123002
shall assess all hospitals uniformly and in a manner consistent	123003
with federal statutes and regulations. During any program year,	123004
the department shall not assess any hospital more than two per	123005
cent of the hospital's total facility costs.	123006

The department shall establish an assessment rate or rates	123007
each program year that will do both of the following:	123008

(1) Yield funds that, when combined with intergovernmental	123009
transfers and federal matching funds, will produce a program of	123010
sufficient size to pay a substantial portion of the indigent care	123011
provided by hospitals;	123012

(2) Yield funds that, when combined with intergovernmental	123013
transfers and federal matching funds, will produce amounts for	123014
distribution to disproportionate share hospitals that do not	123015
exceed, in the aggregate, the limits prescribed by the United	123016
States health care financing administration under ~~subsection (f)~~	123017
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	123018
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	123019

(B)(1) Except as provided in division (B)(3) of this section,	123020
each hospital shall pay its assessment in periodic installments in	123021
accordance with a schedule established ~~by the director of job and~~	123022
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	123023
the Revised Code.	123024

(2) The installments shall be equal in amount, unless either	123025
of the following applies:	123026

(a) The department makes adjustments during a program year	123027
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	123028
in the total amount of hospitals' assessments;	123029

(b) The medicaid director ~~of job and family services~~	123030
determines that adjustments in the amounts of installments are	123031
necessary for the administration of sections ~~5112.01~~5168.01 to	123032
~~5112.21~~5168.14 of the Revised Code and that unequal installments	123033
will not create cash flow difficulties for hospitals.	123034

(3) The director may adopt rules under section ~~5112.03~~	123035
5168.02 of the Revised Code establishing alternate schedules for	123036
hospitals to pay assessments under this section in order to reduce	123037
hospitals' cash flow difficulties.	123038

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	123039
~~services~~medicaid may require governmental hospitals to make	123040
intergovernmental transfers each program year for the purpose of	123041
distributing funds to hospitals under the ~~medical assistance~~	123042
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	123043
5168.14 of the Revised Code and depositing funds into the	123044
legislative budget services fund under section ~~5112.19~~5168.12 of	123045
the Revised Code and into the health care services administration	123046
fund created under section ~~5111.94~~5162.54 of the Revised Code.	123047
The department shall not require transfers in an amount that, when	123048
combined with hospital assessments paid under section ~~5112.06~~	123049
5168.06 of the Revised Code and federal matching funds, produce	123050
amounts for distribution to disproportionate share hospitals that,	123051
in the aggregate, exceed limits prescribed by the United States	123052
health care financing administration under ~~subsection (f) of~~	123053
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	123054
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	123055

(B) Before or during each program year, the department shall	123056
notify each governmental hospital of the amount of the	123057
intergovernmental transfer it is required to make during the	123058
program year. Each governmental hospital shall make	123059
intergovernmental transfers as required by the department under	123060
this section in periodic installments, executed by electronic fund	123061
transfer, in accordance with a schedule established in rules	123062
adopted under section ~~5112.03~~5168.02 of the Revised Code.	123063

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	123064
year, the department of ~~job and family services~~medicaid shall	123065
mail to each hospital by certified mail, return receipt requested,	123066
the preliminary determination of the amount that the hospital is	123067
assessed under section ~~5112.06~~5168.06 of the Revised Code during	123068
the program year. The preliminary determination of a hospital's	123069
assessment shall be calculated for a cost-reporting period that is	123070
specified in rules adopted under section ~~5112.03~~5168.02 of the	123071
Revised Code.	123072

The department shall consult with hospitals each year when	123073
determining the date on which it will mail the preliminary	123074
determinations in order to minimize hospitals' cash flow	123075
difficulties.	123076

If no hospital submits a request for reconsideration under	123077
division (B) of this section, the preliminary determination	123078
constitutes the final reconciliation of each hospital's assessment	123079
under section ~~5112.06~~5168.06 of the Revised Code. The final	123080
reconciliation is subject to adjustments under division (D) of	123081
this section.	123082

(B) Not later than fourteen days after the preliminary	123083
determinations are mailed, any hospital may submit to the	123084
department a written request to reconsider the preliminary	123085
determinations. The request shall be accompanied by written	123086
materials setting forth the basis for the reconsideration. If one	123087
or more hospitals submit a request, the department shall hold a	123088
public hearing not later than thirty days after the preliminary	123089
determinations are mailed to reconsider the preliminary	123090
determinations. The department shall mail to each hospital a	123091
written notice of the date, time, and place of the hearing at	123092
least ten days prior to the hearing. On the basis of the evidence	123093
submitted to the department or presented at the public hearing,	123094
the department shall reconsider and may adjust the preliminary	123095
determinations. The result of the reconsideration is the final	123096
reconciliation of the hospital's assessment under section ~~5112.06~~	123097
5168.06 of the Revised Code. The final reconciliation is subject	123098
to adjustments under division (D) of this section.	123099

(C) The department shall mail to each hospital a written	123100
notice of its assessment for the program year under the final	123101
reconciliation. A hospital may appeal the final reconciliation of	123102
its assessment to the court of common pleas of Franklin county.	123103
While a judicial appeal is pending, the hospital shall pay, in	123104
accordance with the schedules required by division (B) of section	123105
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	123106
that is not in dispute into the hospital care assurance program	123107
fund created in section ~~5112.18~~5168.11 of the Revised Code.	123108

(D) In the course of any program year, the department may	123109
adjust the assessment rate or rates established in rules pursuant	123110
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	123111
amounts of intergovernmental transfers required under section	123112
~~5112.07~~5168.07 of the Revised Code and, as a result of the	123113
adjustment, adjust each hospital's assessment and	123114
intergovernmental transfer, to reflect refinements made by the	123115
United States health care financing administration during that	123116
program year to the limits it prescribed under ~~subsection (f) of~~	123117
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	123118
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	123119
adjusted, the assessment rate or rates must comply with division	123120
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	123121
intergovernmental transfer must comply with division (A) of	123122
section ~~5112.07~~5168.07 of the Revised Code. The department shall	123123
notify hospitals of adjustments made under this division and	123124
adjust for the remainder of the program year the installments paid	123125
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	123126
the Revised Code in accordance with rules adopted under section	123127
~~5112.03~~5168.02 of the Revised Code.	123128

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	123129
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	123130
the Revised Code establishing a methodology to pay hospitals that	123131
is sufficient to expend all money in the indigent care pool. Under	123132
the rules:	123133

(A) The department of ~~job and family services~~medicaid may	123134
classify similar hospitals into groups and allocate funds for	123135
distribution within each group.	123136

(B) The department shall establish a method of allocating	123137
funds to hospitals, taking into consideration the relative amount	123138
of indigent care provided by each hospital or group of hospitals.	123139
The amount to be allocated shall be based on any combination of	123140
the following indicators of indigent care that the director	123141
considers appropriate:	123142

(1) Total costs, volume, or proportion of services to	123143
recipients of the medical assistance program, including recipients	123144
enrolled in health insuring corporations;	123145

(2) Total costs, volume, or proportion of services to	123146
low-income patients in addition to medicaid recipients ~~of the~~	123147
~~medical assistance program~~, which may include recipients of Title	123148
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	123149
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	123150
financial assistance provided under Chapter 5115. of the Revised	123151
Code;	123152

(3) The amount of uncompensated care provided by the hospital	123153
or group of hospitals;	123154

(4) Other factors that the director considers to be	123155
appropriate indicators of indigent care.	123156

(C) The department shall distribute funds to each hospital or	123157
group of hospitals in a manner that first may provide for an	123158
additional distribution to individual hospitals that provide a	123159
high proportion of indigent care in relation to the total care	123160
provided by the hospital or in relation to other hospitals. The	123161
department shall establish a formula to distribute the remainder	123162
of the funds. The formula shall be consistent with ~~section 1923 of~~	123163
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	123164
~~amended,~~and shall be based on any combination of the indicators	123165
of indigent care listed in division (B) of this section that the	123166
director considers appropriate.	123167

(D) The department shall distribute funds to each hospital in	123168
installments not later than ten working days after the deadline	123169
established in rules for each hospital to pay an installment on	123170
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	123171
In the case of a governmental hospital that makes	123172
intergovernmental transfers, the department shall pay an	123173
installment under this section not later than ten working days	123174
after the earlier of that deadline or the deadline established in	123175
rules for the governmental hospital to pay an installment on its	123176
intergovernmental transfer. If the amount in the hospital care	123177
assurance program fund created under section ~~5112.18~~5168.11 of	123178
the Revised Code and the portion of the health care - federal fund	123179
created under section ~~5111.943~~5162.50 of the Revised Code that is	123180
credited to that fund pursuant to division (B) of section ~~5112.18~~	123181
5168.11 of the Revised Code are insufficient to make the total	123182
distributions for which hospitals are eligible to receive in any	123183
period, the department shall reduce the amount of each	123184
distribution by the percentage by which the amount and portion are	123185
insufficient. The department shall distribute to hospitals any	123186
amounts not distributed in the period in which they are due as	123187
soon as moneys are available in the funds.	123188

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	123189
legislative budget services fund under section ~~5112.19~~5168.12 of	123190
the Revised Code and the health care services administration fund	123191
created under section ~~5111.94~~5162.54 of the Revised Code, the	123192
department of ~~job and family services~~medicaid shall not use money	123193
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	123194
5168.07 of the Revised Code or money that the department pays to	123195
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	123196
replace any funds appropriated by the general assembly for the	123197
~~medical assistance~~medicaid program.	123198

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	123199
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	123200
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	123201
all intergovernmental transfers under section ~~5112.07~~5168.07 of	123202
the Revised Code shall be deposited in the state treasury to the	123203
credit of the hospital care assurance program fund, hereby	123204
created. All investment earnings of the hospital care assurance	123205
program fund shall be credited to the fund. The department of ~~job~~	123206
~~and family services~~medicaid shall maintain records that show the	123207
amount of money in the hospital care assurance program fund at any	123208
time that has been paid by each hospital and the amount of any	123209
investment earnings on that amount. All moneys credited to the	123210
hospital care assurance program fund shall be used solely to make	123211
payments to hospitals under division (D) of this section and	123212
section ~~5112.08~~5168.09 of the Revised Code.	123213

(B) All federal matching funds received as a result of the	123214
department distributing funds from the hospital care assurance	123215
program fund to hospitals under section ~~5112.08~~5168.09 of the	123216
Revised Code shall be credited to the health care - federal fund	123217
created under section ~~5111.943~~5162.50 of the Revised Code.	123218

(C) All distributions of funds to hospitals under section	123219
~~5112.08~~5168.09 of the Revised Code are conditional on:	123220

(1) Expiration of the time for appeals under section ~~5112.09~~	123221
5168.08 of the Revised Code without the filing of an appeal, or on	123222
court determinations, in the event of appeals, that the hospital	123223
is entitled to the funds;	123224

(2) The sum of the following being sufficient to distribute	123225
the funds after the final determination of any appeals:	123226

(a) The available money in the hospital care assurance	123227
program fund;	123228

(b) The available portion of the money in the health care -	123229
federal fund that is credited to that fund pursuant to division	123230
(B) of this section.	123231

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	123232
the Revised Code.	123233

(D) If an audit conducted by the department of the amounts of	123234
payments made and funds received by hospitals under sections	123235
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	123236
Revised Code identifies amounts that, due to errors by the	123237
department, a hospital should not have been required to pay but	123238
did pay, should have been required to pay but did not pay, should	123239
not have received but did receive, or should have received but did	123240
not receive, the department shall:	123241

(1) Make payments to any hospital that the audit reveals paid	123242
amounts it should not have been required to pay or did not receive	123243
amounts it should have received;	123244

(2) Take action to recover from a hospital any amounts that	123245
the audit reveals it should have been required to pay but did not	123246
pay or that it should not have received but did receive.	123247

Payments made under division (D)(1) of this section shall be	123248
made from the hospital care assurance program fund. Amounts	123249
recovered under division (D)(2) of this section shall be deposited	123250
to the credit of that fund. Any hospital may appeal the amount the	123251
hospital is to be paid under division (D)(1) or the amount that is	123252
to be recovered from the hospital under division (D)(2) of this	123253
section to the court of common pleas of Franklin county.	123254

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	123255
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	123256
and intergovernmental transfers made under section ~~5112.07~~5168.07	123257
of the Revised Code during each program year beginning in an	123258
odd-numbered calendar year, the department of ~~job and family~~	123259
~~services~~medicaid shall deposit into the state treasury to the	123260
credit of the legislative budget services fund, which is hereby	123261
created, a total amount equal to the amount by which the biennial	123262
appropriation from that fund exceeds the amount of unexpended,	123263
unencumbered moneys in that fund. All investment earnings of the	123264
legislative budget services fund shall be credited to that fund.	123265
Money in the legislative budget services fund shall be used solely	123266
to pay the expenses of the legislative budget office of the	123267
legislative service commission.	123268

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	123269
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	123270
information filed under those sections shall not include any	123271
patient-identifying material. Information that includes	123272
patient-identifying material is not a public record under section	123273
149.43 of the Revised Code, and no patient-identifying material	123274
shall be released publicly by the department of ~~job and family~~	123275
~~services~~medicaid or by any person under contract with the	123276
department who has access to such information.	123277

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

123278

~~(1) "Federal poverty guideline" means the official poverty~~	123279
~~guideline as revised annually by the United States secretary of~~	123280
~~health and human services in accordance with section 673 of the~~	123281
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	123282
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	123283
~~the family of the person whose income is being determined.~~	123284

~~(2) "Third-party payer" means any private or public entity or~~	123285
~~program that may be liable by law or contract to make payment to~~	123286
~~or on behalf of an individual for health care services.~~	123287
~~"Third-party payer" does not include a hospital.~~	123288

~~(B)~~ Each hospital that receives funds distributed under	123289
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	123290
shall provide, without charge to the individual, basic, medically	123291
necessary hospital-level services to individuals who are residents	123292
of this state, are not medicaid recipients ~~of the medical~~	123293
~~assistance program~~, and whose income is at or below the federal	123294
poverty ~~guideline~~line. Recipients of disability financial	123295
assistance provided under Chapter 5115. of the Revised Code	123296
qualify for services under this section. The medicaid director of	123297
~~job and family services~~ shall adopt rules under section ~~5112.03~~	123298
5168.02 of the Revised Code specifying the hospital services to be	123299
provided under this section.	123300

~~(C)~~(B) Nothing in this section shall be construed to prevent	123301
a hospital from requiring an individual to apply for ~~eligibility~~	123302
~~under~~ the ~~medical assistance~~medicaid program before the hospital	123303
processes an application under this section. Hospitals may bill	123304
any third-party payer for services rendered under this section.	123305
Hospitals may bill the ~~medical assistance~~medicaid program, in	123306
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	123307
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	123308
~~chapter~~those statutes, for medicaid services rendered under this	123309
section if the individual becomes a medicaid recipient ~~of the~~	123310
~~program~~. Hospitals may bill individuals for services under this	123311
section if all of the following apply:	123312

(1) The hospital has an established post-billing procedure	123313
for determining the individual's income and canceling the charges	123314
if the individual is found to qualify for services under this	123315
section.	123316

(2) The initial bill, and at least the first follow-up bill,	123317
is accompanied by a written statement that does all of the	123318
following:	123319

(a) Explains that individuals with income at or below the	123320
federal poverty ~~guideline~~line are eligible for services without	123321
charge;	123322

(b) Specifies the federal poverty ~~guideline~~line for	123323
individuals and families of various sizes at the time the bill is	123324
sent;	123325

(c) Describes the procedure required by division (C)(1) of	123326
this section.	123327

(3) The hospital complies with any additional rules ~~the~~	123328
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	123329
Revised Code.	123330

Notwithstanding division (B) of this section, a hospital	123331
providing care to an individual under this section is subrogated	123332
to the rights of any individual to receive compensation or	123333
benefits from any person or governmental entity for the hospital	123334
goods and services rendered.	123335

~~(D)~~(C) Each hospital shall collect and report to the	123336
department of medicaid, in the form and manner prescribed by the	123337
department, information on the number and identity of patients	123338
served pursuant to this section.	123339

~~(E)~~(D) This section applies beginning May 22, 1992,	123340
regardless of whether ~~the department has adopted~~ rules specifying	123341
the services to be provided have been adopted. Nothing in this	123342
section alters the scope or limits the obligation of any	123343
governmental entity or program, including the program awarding	123344
reparations to victims of crime under sections 2743.51 to 2743.72	123345
of the Revised Code and the program for medically handicapped	123346
children established under section 3701.023 of the Revised Code,	123347
to pay for hospital services in accordance with state or local	123348
law.	123349

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	123350
~~5112.48~~5168.28 of the Revised Code:	123351

(A) "Applicable assessment percentage" means the percentage	123352
specified in rules adopted under section ~~5112.46~~5168.26 of the	123353
Revised Code that is used in calculating a hospital's assessment	123354
under section ~~5112.41~~5168.21 of the Revised Code.	123355

(B) "Assessment program year" means the twelve-month period	123356
beginning the first day of October of a calendar year and ending	123357
the last day of September of the following calendar year.	123358

(C) "Cost reporting period" means the period of time used by	123359
a hospital in reporting costs for purposes of the medicare	123360
program.	123361

(D) "Federal fiscal year" means the twelve-month period	123362
beginning the first day of October of a calendar year and ending	123363
the last day of September of the following calendar year.	123364

(E)(1) Except as provided in division (E)(2) of this section,	123365
"hospital" means a hospital to which any of the following applies:	123366

(a) The hospital is registered under section 3701.07 of the	123367
Revised Code as a general medical and surgical hospital or a	123368
pediatric general hospital and provides inpatient hospital	123369
services, as defined in 42 C.F.R. 440.10.	123370

(b) The hospital is recognized under the medicare program as	123371
a cancer hospital and is exempt from the medicare prospective	123372
payment system.	123373

(c) The hospital is a psychiatric hospital licensed under	123374
section ~~5119.20~~5119.33 of the Revised Code.	123375

(2) "Hospital" does not include either of the following:

123376

(a) A federal hospital;

123377

(b) A hospital that does not charge any of its patients for	123378
its services.	123379

(F) "Hospital care assurance program" means the program	123380
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	123381
the Revised Code.	123382

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	123383
~~the Revised Code.~~	123384

~~(H) "Medicare" means the program established under Title~~	123385
~~XVIII of the Social Security Act.~~	123386

~~(I)~~ "State fiscal year" means the twelve-month period	123387
beginning the first day of July of a calendar year and ending the	123388
last day of June of the following calendar year.	123389

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	123390
of this section, "total facility costs" means the total costs to a	123391
hospital for all care provided to all patients, including the	123392
direct, indirect, and overhead costs to the hospital of all	123393
services, supplies, equipment, and capital related to the care of	123394
patients, regardless of whether patients are enrolled in a health	123395
insuring corporation.	123396

(2) "Total facility costs" excludes all of the following of a	123397
hospital's costs as shown on the cost-reporting data used for	123398
purposes of determining the hospital's assessment under section	123399
~~5112.41~~5168.21 of the Revised Code:	123400

(a) Skilled nursing services provided in distinct-part	123401
nursing facility units;	123402

(b) Home health services;

123403

123404

(d) Ambulance services;

123405

(e) Renting durable medical equipment;

123406

(f) Selling durable medical equipment.

123407

(3) "Total facility costs" excludes any costs excluded from a	123408
hospital's total facility costs pursuant to rules, if any, adopted	123409
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	123410
Code.	123411

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	123412
section ~~5112.45~~5168.25 of the Revised Code and subject to	123413
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	123414
imposed an assessment on all hospitals each assessment program	123415
year. The amount of a hospital's assessment for an assessment	123416
program year shall equal the applicable assessment percentage of	123417
the hospital's total facility costs for the period of time	123418
specified in division (B) of this section. The amount of a	123419
hospital's total facility costs shall be derived from	123420
cost-reporting data for the hospital submitted to the department	123421
of ~~job and family services~~medicaid for purposes of the hospital	123422
care assurance program. If a hospital has not submitted that	123423
cost-reporting data to the department, the amount of a hospital's	123424
total facility costs shall be derived from other financial	123425
statements that the hospital shall provide to the department as	123426
directed by the department. The cost-reporting data or financial	123427
statements used to determine a hospital's assessment is subject to	123428
the same type of adjustments made to the cost-reporting data under	123429
the hospital care assurance program.	123430

(B) The period of time specified in this division is the	123431
hospital's cost reporting period that ends in the state fiscal	123432
year that ends in the federal fiscal year that precedes the	123433
federal fiscal year that precedes the assessment program year for	123434
which the assessment is imposed.	123435

(C) The assessment imposed by this section on a hospital is	123436
in addition to the assessment imposed by section ~~5112.06~~5168.06	123437
of the Revised Code.	123438

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	123439
program year, the department of ~~job and family services~~medicaid	123440
shall mail to each hospital by certified mail, return receipt	123441
requested, the preliminary determination of the amount that the	123442
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	123443
Code for the assessment program year. Except as provided in	123444
division (B) of this section, the preliminary determination	123445
becomes the final determination for the assessment program year	123446
fifteen days after the preliminary determination is mailed to the	123447
hospital.	123448

(B) A hospital may request that the department reconsider the	123449
preliminary determination mailed to the hospital under division	123450
(A) of this section by submitting to the department a written	123451
request for a reconsideration not later than fourteen days after	123452
the hospital's preliminary determination is mailed to the	123453
hospital. The request must be accompanied by written materials	123454
setting forth the basis for the reconsideration. On receipt of the	123455
timely request, the department shall reconsider the preliminary	123456
determination and may adjust the preliminary determination on the	123457
basis of the written materials accompanying the request. The	123458
result of the reconsideration is the final determination of the	123459
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	123460
Code for the assessment program year.	123461

(C) The department shall mail to each hospital a written	123462
notice of the final determination of its assessment for the	123463
assessment program year. A hospital may appeal the final	123464
determination to the court of common pleas of Franklin county.	123465
While a judicial appeal is pending, the hospital shall pay, in	123466
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	123467
amount of its assessment that is not in dispute.	123468

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	123469
~~5112.46~~5168.26 of the Revised Code establish a different payment	123470
schedule, each hospital shall pay the amount it is assessed under	123471
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	123472
following payment schedule:	123473

(A) Twenty-eight per cent of a hospital's assessment is due	123474
on the last business day of October of each assessment program	123475
year.	123476

(B) Thirty-one per cent of a hospital's assessment is due on	123477
the last business day of February of each assessment program year.	123478

(C) Forty-one per cent of a hospital's assessment is due on	123479
the last business day of May of each assessment program year.	123480

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	123481
~~services~~medicaid may audit a hospital to ensure that the hospital	123482
properly pays the amount it is assessed under section ~~5112.41~~	123483
5168.21 of the Revised Code. The department shall take action to	123484
recover from a hospital any amount the audit reveals that the	123485
hospital should have paid but did not pay.	123486

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	123487
treasury the hospital assessment fund. All installment payments	123488
made by hospitals under section ~~5112.43~~5168.23 of the Revised	123489
Code and all recoveries the department of ~~job and family services~~	123490
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	123491
shall be deposited into the fund. All investment earnings of the	123492
fund shall be credited to the fund. The department shall use money	123493
in the fund to pay for the costs of the medicaid program,	123494
including the program's administrative costs.	123495

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	123496
~~services shall adopt, amend, and rescind~~medicaid director shall	123497
adopt rules in accordance with Chapter 119. of the Revised Code as	123498
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	123499
of the Revised Code, including rules that specify the percentage	123500
of hospitals' total facility costs to be used in calculating	123501
hospitals' assessments under section ~~5112.41~~5168.21 of the	123502
Revised Code.	123503

(B) The rules adopted under this section may do the	123504
following:	123505

(1) Provide that a hospital's total facility costs for the	123506
purpose of the assessment under section ~~5112.41~~5168.21 of the	123507
Revised Code exclude any of the following:	123508

(a) A hospital's costs associated with providing care to	123509
recipients of any of the following:	123510

(i) The medicaid program;

123511

(ii) The medicare program;

123512

(iii) The disability financial assistance program established	123513
under Chapter 5115. of the Revised Code;	123514

(iv) The program for medically handicapped children	123515
established under section 3701.023 of the Revised Code;	123516

(v) Services provided under the maternal and child health	123517
services block grant established under Title V of the "Social	123518
Security Act," 42 U.S.C. 701 et seq.	123519

(b) Any other category of hospital costs the director deems	123520
appropriate under federal law and regulations governing the	123521
medicaid program.	123522

(2) Subject to division (C) of this section, provide for the	123523
percentage of hospitals' total facility costs used in calculating	123524
hospitals' assessments to vary for different hospitals;	123525

(3) To reduce hospitals' cash flow difficulties, establish a	123526
schedule for hospitals to pay their assessments that is different	123527
from the schedule established under section ~~5112.43~~5168.23 of the	123528
Revised Code.	123529

(C) Before adopting rules authorized by division (B)(2) of	123530
this section that establish varied percentages to be used in	123531
calculating hospitals' assessments, the director shall obtain a	123532
waiver from the United States secretary of health and human	123533
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	123534
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	123535
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	123536
the assessments to not be imposed uniformly.	123537

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	123538
~~family services~~ shall implement the assessment imposed by section	123539
~~5112.41~~5168.21 of the Revised Code in a manner that does not	123540
cause a reduction in federal financial participation for the	123541
medicaid program under the "Social Security Act," section 1903(w),	123542
42 U.S.C. 1396b(w).	123543

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	123544
health and human services determines that the assessment imposed	123545
by section ~~5112.41~~5168.21 of the Revised Code is an	123546
impermissible health care-related tax under the "Social Security	123547
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	123548
~~of job and family services~~ shall take all necessary actions to	123549
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	123550
5168.27 of the Revised Code and shall promptly refund to each	123551
hospital the amount of money in the hospital assessment fund at	123552
the time the refund is to be made that the hospital paid under	123553
section ~~5112.43~~5168.23 of the Revised Code, plus any	123554
corresponding investment earnings on that amount.	123555

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	123556
~~3721.58~~5168.56 of the Revised Code:	123557

(A) "Bed surrender" means the following:

123558

(1) In the case of a nursing home, the removal of a bed from	123559
a nursing home's licensed capacity in a manner that reduces the	123560
total licensed capacity of all nursing homes;	123561

(2) In the case of a hospital, the removal of a hospital bed	123562
from registration under section 3701.07 of the Revised Code as a	123563
skilled nursing facility bed or long-term care bed in a manner	123564
that reduces the total number of hospital beds registered under	123565
that section as skilled nursing facility beds or long-term care	123566
beds.	123567

(B) "Change of operator" means an entering operator becoming	123568
the operator of a nursing home or hospital in the place of the	123569
exiting operator.	123570

(1) Actions that constitute a change of operator include the	123571
following:	123572

(a) A change in an exiting operator's form of legal	123573
organization, including the formation of a partnership or	123574
corporation from a sole proprietorship;	123575

(b) A transfer of all the exiting operator's ownership	123576
interest in the operation of the nursing home or hospital to the	123577
entering operator, regardless of whether ownership of any or all	123578
of the real property or personal property associated with the	123579
nursing home or hospital is also transferred;	123580

(c) A lease of the nursing home or hospital to the entering	123581
operator or the exiting operator's termination of the exiting	123582
operator's lease;	123583

(d) If the exiting operator is a partnership, dissolution of	123584
the partnership;	123585

(e) If the exiting operator is a partnership, a change in	123586
composition of the partnership unless both of the following apply:	123587

(i) The change in composition does not cause the	123588
partnership's dissolution under state law.	123589

(ii) The partners agree that the change in composition does	123590
not constitute a change in operator.	123591

(f) If the operator is a corporation, dissolution of the	123592
corporation, a merger of the corporation into another corporation	123593
that is the survivor of the merger, or a consolidation of one or	123594
more other corporations to form a new corporation.	123595

(2) The following, alone, do not constitute a change of	123596
operator:	123597

(a) A contract for an entity to manage a nursing home or	123598
hospital as the operator's agent, subject to the operator's	123599
approval of daily operating and management decisions;	123600

(b) A change of ownership, lease, or termination of a lease	123601
of real property or personal property associated with a nursing	123602
home or hospital if an entering operator does not become the	123603
operator in place of an exiting operator;	123604

(c) If the operator is a corporation, a change of one or more	123605
members of the corporation's governing body or transfer of	123606
ownership of one or more shares of the corporation's stock, if the	123607
same corporation continues to be the operator.	123608

(C) "Effective date of a change of operator" means the day an	123609
entering operator becomes the operator of a nursing home or	123610
hospital.	123611

(D) "Entering operator" means the person or government entity	123612
that will become the operator of a nursing home or hospital on the	123613
effective date of a change of operator.	123614

(E) "Exiting operator" means an operator that will cease to	123615
be the operator of a nursing home or hospital on the effective	123616
date of a change of operator.	123617

(F) "Franchise permit fee rate" means the ~~following:~~

123618

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	123619
~~cents;~~	123620

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	123621
~~eleven dollars and sixty-seven cents~~rate determined in accordance	123622
with section 5168.41 of the Revised Code.	123623

(G) "Hospital" has the same meaning as in section 3727.01 of	123624
the Revised Code.	123625

(H) "Hospital long-term care unit" means any distinct part of	123626
a hospital in which any of the following beds are located:	123627

(1) Beds registered pursuant to section 3701.07 of the	123628
Revised Code as skilled nursing facility beds or long-term care	123629
beds;	123630

(2) Beds licensed as nursing home beds under section 3721.02	123631
or 3721.09 of the Revised Code.	123632

(I) "Indirect guarantee percentage" means the percentage	123633
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	123634
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	123635
1396b(w)(4)(C)(ii), that is to be used in determining whether a	123636
class of providers is indirectly held harmless for any portion of	123637
the costs of a broad-based health-care-related tax. If the	123638
indirect guarantee percentage changes during a fiscal year, the	123639
indirect guarantee percentage is the following:	123640

(1) For the part of the fiscal year before the change takes	123641
effect, the percentage in effect before the change;	123642

(2) For the part of the fiscal year beginning with the date	123643
the indirect guarantee percentage changes, the new percentage.	123644

(J) "Medicaid days" ~~has the same meaning as in section~~	123645
~~5111.01 of the Revised Code.~~	123646

~~(K) "Medicare" means the program established by Title XVIII.~~

123647

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	123648
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	123649

~~(M)~~(K)(1) "Nursing home" means all of the following:

123650

(a) A nursing home licensed under section 3721.02 or 3721.09	123651
of the Revised Code, including any part of a home for the aging	123652
licensed as a nursing home;	123653

(b) A facility or part of a facility, other than a hospital,	123654
that is certified as a skilled nursing facility under Title XVIII;	123655

(c) A nursing facility, other than a portion of a hospital	123656
certified as a nursing facility.	123657

(2) "Nursing home" does not include either of the following:

123658

(a) A county home, county nursing home, or district home	123659
operated pursuant to Chapter 5155. of the Revised Code;	123660

(b) A nursing home maintained and operated by the department	123661
of veterans services under section 5907.01 of the Revised Code.	123662

~~(N)~~(L) "Operator" means the person or government entity	123663
responsible for the daily operating and management decisions for a	123664
nursing home or hospital.	123665

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	123666
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	123667

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	123668
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	123669
seq.	123670

Sec. 5168.41. (A) The franchise permit fee rate shall be	123671
determined for each fiscal year as follows:	123672

(1) Determine the estimated total net patient revenues for	123673
all nursing homes and hospital long-term care units for the fiscal	123674
year;	123675

(2) Multiply the estimated total net patient revenues	123676
determined under division (A)(1) of this section by the lesser of	123677
the following:	123678

(a) The indirect guarantee percentage;

123679

(b) Six per cent.

123680

(3) Divide the product determined under division (A)(2) of	123681
this section by the number of days in the fiscal year;	123682

(4) Determine the sum of the following:

123683

(a) The total number of beds in all nursing homes and	123684
hospital long-term care units that are subject to the franchise	123685
permit fee for the fiscal year;	123686

(b) The total number of nursing home beds that are exempt	123687
from the franchise permit fee for the fiscal year because of the	123688
waiver obtained pursuant to section 5168.43 of the Revised Code.	123689

(5) Divide the quotient determined under division (A)(3) of	123690
this section by the sum determined under division (A)(4) of this	123691
section.	123692

(B) In determining the estimated total net patient revenues	123693
for all nursing homes and hospital long-term care units for a	123694
fiscal year, the department of medicaid shall use at least all of	123695
the following:	123696

(1) Information from medicaid cost reports filed under	123697
section 5165.10 of the Revised Code that are the most recent at	123698
the time the determination is made;	123699

(2) The projected total medicaid payment rates for nursing	123700
facility services for the fiscal year;	123701

(3) The projected total number of medicaid days for the	123702
fiscal year.	123703

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	123704
~~services~~medicaid shall do all of the following:	123705

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	123706
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	123707
of this section and for the purposes specified in section ~~3721.56~~	123708
5168.54 of the Revised Code, determine an annual franchise permit	123709
fee on each nursing home in an amount equal to the franchise	123710
permit fee rate multiplied by the product of the following:	123711

(1) The number of beds licensed as nursing home beds, plus	123712
any other beds certified as skilled nursing facility beds under	123713
Title XVIII or nursing facility beds under Title XIX on the first	123714
day of May of the calendar year in which the fee is determined	123715
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	123716
Code;	123717

(2) The number of days in the fiscal year beginning on the	123718
first day of July of the calendar year in which the fee is	123719
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	123720
the Revised Code.	123721

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	123722
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	123723
of this section and for the purposes specified in section ~~3721.56~~	123724
5168.54 of the Revised Code, determine an annual franchise permit	123725
fee on each hospital in an amount equal to the franchise permit	123726
fee rate multiplied by the product of the following:	123727

(1) The number of beds registered pursuant to section 3701.07	123728
of the Revised Code as skilled nursing facility beds or long-term	123729
care beds, plus any other beds licensed as nursing home beds under	123730
section 3721.02 or 3721.09 of the Revised Code, on the first day	123731
of May of the calendar year in which the fee is determined	123732
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	123733
Code;	123734

(2) The number of days in the fiscal year beginning on the	123735
first day of July of the calendar year in which the fee is	123736
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	123737
the Revised Code.	123738

(C) If the total amount of the franchise permit fee assessed	123739
under divisions (A) and (B) of this section for a fiscal year	123740
exceeds the indirect guarantee percentage of the actual net	123741
patient revenue for all nursing homes and hospital long-term care	123742
units for that fiscal year and seventy-five per cent or more of	123743
the combined total number of nursing homes and hospital long-term	123744
care units receive enhanced medicaid payments or other state	123745
payments equal to seventy-five per cent or more of their total	123746
franchise permit fee assessments, do both of the following:	123747

(1) Recalculate the assessments under divisions (A) and (B)	123748
of this section using a per bed per day rate equal to the indirect	123749
guarantee percentage of actual net patient revenue for all nursing	123750
homes and hospital long-term care units for that fiscal year;	123751

(2) Refund the difference between the amount of the franchise	123752
permit fee assessed for that fiscal year under divisions (A) and	123753
(B) of this section and the amount recalculated under division	123754
(C)(1) of this section as a credit against the assessments imposed	123755
under divisions (A) and (B) of this section for the subsequent	123756
fiscal year.	123757

(D) If the United States centers for medicare and medicaid	123758
services determines that the franchise permit fee established by	123759
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	123760
an impermissible health care-related tax under ~~section 1903(w) of~~	123761
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	123762
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	123763
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	123764
the Revised Code in accordance with rules adopted under section	123765
~~3721.58~~5168.56 of the Revised Code.	123766

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	123767
July 17, 2009, the department of ~~job and family services~~medicaid	123768
shall apply to the United States secretary of health and human	123769
services for a waiver under the "Social Security Act," section	123770
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	123771
of the following regarding the franchise permit fee assessed under	123772
section ~~3721.51~~5168.42 of the Revised Code:	123773

(1) Reduce the franchise permit fee rate to zero dollars for	123774
each nursing home licensed under section 3721.02 or 3721.09 of the	123775
Revised Code to which either of the following applies:	123776

(a) The nursing home:

123777

(i) Is exempt from state taxation under section 140.08 of the	123778
Revised Code or is exempt from state taxation as a home for the	123779
aged as defined in section 5701.13 of the Revised Code;	123780

(ii) Is exempt from federal income taxation under section 501	123781
of the Internal Revenue Code of 1986;	123782

(iii) Does not participate in medicaid or medicare; and

123783

(iv) Provides services for the life of each resident without	123784
regard to the resident's ability to secure payment for the	123785
services.	123786

(b) The nursing home:

123787

(i) Has had a written affiliation agreement with a university	123788
in this state for education and research related to Alzheimer's	123789
disease for each of the twenty years preceding July 17, 2009, and	123790
has such an agreement on July 17, 2009;	123791

(ii) Was constructed pursuant to a certificate of need	123792
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	123793
assembly; and	123794

(iii) Does not participate in medicaid or medicare.

123795

(2) For each nursing facility with more than two hundred beds	123796
certified as nursing facility beds under Title XIX, reduce the	123797
franchise permit fee rate for a number of the nursing facility's	123798
beds specified by the department to the amount necessary to obtain	123799
approval of the waiver sought under this section.	123800

(B) The effective date of the waiver sought under this	123801
section shall be the first day of the quarter beginning after the	123802
United States secretary approves the waiver.	123803

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	123804
health and human services approves the waiver sought under section	123805
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	123806
~~family services~~medicaid shall, for each nursing home and hospital	123807
that qualifies for a reduction of its franchise permit fee rate	123808
under the waiver, reduce the franchise permit fee rate in	123809
accordance with the terms of the waiver. For purposes of the first	123810
fiscal year during which the waiver takes effect, the department	123811
shall determine the amount of the reduction not later than the	123812
effective date of the waiver and shall mail to each nursing home	123813
and hospital qualifying for the reduction notice of the reduction	123814
not later than the last day of the first month of the quarter that	123815
begins after the United States secretary approves the waiver. For	123816
purposes of subsequent fiscal years, the department shall make	123817
such determinations and mail such notices in accordance with	123818
section ~~3721.53~~5168.47 of the Revised Code.	123819

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	123820
health and human services approves the waiver sought under section	123821
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	123822
~~family services~~medicaid may do both of the following regarding	123823
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	123824
the Revised Code:	123825

(1) Determine how much money the franchise permit fee would	123826
have raised in a fiscal year if not for the waiver;	123827

(2) For each nursing home and hospital subject to the	123828
franchise permit fee, other than a nursing home or hospital that	123829
has its franchise permit fee rate reduced under section ~~3721.512~~	123830
5168.44 of the Revised Code, uniformly increase the amount of the	123831
franchise permit fee rate for a fiscal year to an amount that will	123832
have the franchise permit fee raise an amount of money that does	123833
not exceed the amount determined under division (A)(1) of this	123834
section for that fiscal year.	123835

(B) If the department increases the franchise permit fee rate	123836
in accordance with division (A) of this section for the first	123837
fiscal year during which the waiver takes effect, the department	123838
shall determine the amount of the increase not later than the	123839
effective date of the waiver and shall mail to each nursing home	123840
and hospital subject to the increase notice of the increase not	123841
later than the last day of the first month of the quarter that	123842
begins after the United States secretary approves the waiver. If	123843
the department increases the franchise permit fee rate in	123844
accordance with division (A) of this section for a subsequent	123845
fiscal year, the department shall make such determinations and	123846
mail such notices in accordance with section ~~3721.53~~5168.47 of	123847
the Revised Code.	123848

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	123849
of the following:	123850

(A) For the purpose of the determinations made under	123851
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	123852
Code and not later than the first day of each June, report to the	123853
department of ~~job and family services~~medicaid the following:	123854

(1) For each nursing home, the number of beds in the nursing	123855
home licensed on the preceding first day of May under section	123856
3721.02 or 3721.09 of the Revised Code or certified on that date	123857
under Title XVIII or Title XIX;	123858

(2) For each hospital, the number of beds in the hospital	123859
registered on the preceding first day of May pursuant to section	123860
3701.07 of the Revised Code as skilled nursing facility or	123861
long-term care beds or licensed on that date under section 3721.02	123862
or 3721.09 of the Revised Code as nursing home beds.	123863

(B) For the purpose of the redetermination under section	123864
~~3721.531~~5168.48 of the Revised Code and not later than the	123865
fifteenth day of each January, report to the department of ~~job and~~	123866
~~family services~~medicaid, for each nursing home and hospital, the	123867
number of beds for which a bed surrender occurred during the	123868
period beginning on the first day of May of the preceding calendar	123869
year and ending on the first day of January of the calendar year	123870
in which the redetermination is made.	123871

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	123872
of September of each year, the department of ~~job and family~~	123873
~~services~~medicaid shall determine the annual franchise permit fee	123874
for each nursing home and hospital in accordance with section	123875
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	123876
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	123877
the Revised Code.	123878

(B) Not later than the first day of October of each year, the	123879
department shall mail to each nursing home and hospital notice of	123880
the amount of the franchise permit fee that has been determined	123881
for the nursing home or hospital.	123882

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	123883
each nursing home and hospital shall pay its fee under section	123884
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	123885
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	123886
Revised Code, to the department in four installment payments not	123887
later than forty-five days after the last day of each October,	123888
December, March, and June.	123889

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	123890
February of each year, the department of ~~job and family services~~	123891
medicaid shall redetermine each nursing home's and hospital's	123892
franchise permit fee if one or more bed surrenders occur during	123893
the period beginning on the first day of May of the preceding	123894
calendar year and ending on the first day of January of the	123895
calendar year in which the redetermination is made.	123896

(B) In redetermining nursing homes' and hospitals' franchise	123897
permit fees under this section, the department shall do both of	123898
the following:	123899

(1) Provide for the redetermination to be conducted in a	123900
manner consistent with the terms of the waiver sought under	123901
section ~~3721.511~~5168.43 of the Revised Code;	123902

(2) Recalculate each nursing home's and hospital's franchise	123903
permit fee in accordance with division (A) or (B) of section	123904
~~3721.51~~5168.42 of the Revised Code with the following changes:	123905

(a) In the case of a nursing home or hospital for which one	123906
or more bed surrenders occurred during the period beginning on the	123907
first day of May of the preceding calendar year and ending on the	123908
first day of January of the calendar year in which the	123909
redetermination is made, the number of beds included in the	123910
calculation for the purpose of division (A)(1) or (B)(1) of	123911
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	123912
for which bed surrenders occurred during that period.	123913

(b) The number of days used in the calculation under division	123914
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	123915
shall be the number of days in the first half of the calendar year	123916
in which the redetermination is made.	123917

(c) The franchise permit fee rate shall reflect adjustments	123918
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	123919
Revised Code.	123920

(C) Not later than the first day of March of each year, the	123921
department shall mail to each nursing home and hospital notice of	123922
the amount of its redetermined franchise permit fee.	123923

(D) Each nursing home and hospital shall pay its redetermined	123924
fee to the department in two installment payments not later than	123925
forty-five days after the last day of March and June of the	123926
calendar year in which the redetermination is made.	123927

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	123928
undergoes a change of operator during a fiscal year, the	123929
responsibility for paying the franchise permit fee that was	123930
determined for the nursing home or hospital under section ~~3721.53~~	123931
5168.47 of the Revised Code, or redetermined for the nursing home	123932
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	123933
for that fiscal year shall be divided proportionally. The exiting	123934
operator shall be responsible for paying the amount of the fee	123935
that is for the part of the fiscal year that ends on the day	123936
before the effective date of the change of operator. The entering	123937
operator shall be responsible for paying the amount of the fee	123938
that is for the part of the fiscal year that begins on the	123939
effective date of the change of operator. The department of ~~job~~	123940
~~and family services~~medicaid is not required to mail a notice to	123941
the entering operator regarding the amount of that fiscal year's	123942
fee for which the entering operator is responsible.	123943

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	123944
directly bill its residents for the franchise permit fee paid	123945
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	123946
Code or otherwise directly pass the fee through to its residents.	123947

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	123948
pay the full amount of a franchise permit fee installment when	123949
due, the department of ~~job and family services~~medicaid may assess	123950
a five per cent penalty on the amount due for each month or	123951
fraction thereof the installment is overdue.	123952

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	123953
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	123954
the department of ~~job and family services~~medicaid may do any of	123955
the following if a nursing facility or hospital fails to pay the	123956
full amount of a franchise permit fee installment when due:	123957

(1) Withhold an amount less than or equal to the installment	123958
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	123959
Code from a medicaid payment due the nursing facility or hospital	123960
until the nursing facility or hospital pays the installment and	123961
penalty;	123962

(2) Offset an amount less than or equal to the installment	123963
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	123964
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	123965
hospital;	123966

(3) Terminate the nursing facility or hospital's medicaid	123967
provider agreement.	123968

(B) The department may offset a medicaid payment under	123969
division (A) of this section without providing notice to the	123970
nursing facility or hospital and without conducting an	123971
adjudication under Chapter 119. of the Revised Code.	123972

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	123973
appeal the fee assessed under section ~~3721.51~~5168.42 of the	123974
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	123975
~~3721.513~~5168.45 of the Revised Code, and redetermined under	123976
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	123977
that the department of ~~job and family services~~medicaid committed	123978
a material error in determining or redetermining the amount of the	123979
fee. A request for an appeal must be received by the department	123980
not later than fifteen days after the date the department mails	123981
the notice of the fee and must include written materials setting	123982
forth the basis for the appeal.	123983

(B) If a nursing home or hospital submits a request for an	123984
appeal within the time required under division (A) of this	123985
section, the department ~~of job and family services~~ shall hold a	123986
public hearing in Columbus not later than thirty days after the	123987
date the department receives the request for an appeal. The	123988
department shall, not later than ten days before the date of the	123989
hearing, mail a notice of the date, time, and place of the hearing	123990
to the nursing home or hospital. The department may hear all the	123991
requested appeals in one public hearing.	123992

(C) On the basis of the evidence presented at the hearing or	123993
any other evidence submitted by the nursing home or hospital, the	123994
department may adjust a fee. The department's decision is final.	123995

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	123996
state treasury the nursing home franchise permit fee fund. All	123997
payments and penalties paid by nursing homes and hospitals under	123998
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	123999
of the Revised Code shall be deposited into the fund. The fund	124000
shall also consist of money deposited into it pursuant to sections	124001
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	124002
of section 3769.08 of the Revised Code, the department of ~~job and~~	124003
~~family services~~medicaid shall use the money in the fund to make	124004
medicaid payments to providers of nursing facility services and	124005
providers of home and community-based services. Money in the fund	124006
may also be used for the residential state supplement program	124007
established under section ~~5119.69~~5119.41 of the Revised Code.	124008

(B) Any money remaining in the nursing home franchise permit	124009
fee fund after payments specified in division (A) of this section	124010
are made shall be retained in the fund. Any interest or other	124011
investment proceeds earned on money in the fund shall be credited	124012
to the fund and used to make medicaid payments in accordance with	124013
division (A) of this section.	124014

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	124015
~~services~~medicaid may make any investigation it considers	124016
appropriate to obtain information necessary to fulfill its duties	124017
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	124018
Code. At the request of the department, the attorney general shall	124019
aid in any such investigations. The attorney general shall	124020
institute and prosecute all necessary actions for the enforcement	124021
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	124022
Code, except that at the request of the attorney general, the	124023
county prosecutor of the county in which a nursing home or	124024
hospital that has failed to comply with sections ~~3721.50~~5168.40	124025
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	124026
and prosecute any necessary action against the nursing home or	124027
hospital.	124028

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	124029
~~family services~~ shall adopt rules in accordance with Chapter 119.	124030
of the Revised Code to do both of the following:	124031

(A) Prescribe the actions the department of ~~job and family~~	124032
~~services~~medicaid will take to cease implementation of sections	124033
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	124034
the United States centers for medicare and medicaid services	124035
determines that the franchise permit fee established by those	124036
sections is an impermissible health-care related tax under ~~section~~	124037
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	124038
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	124039

(B) Establish any requirements or procedures the director	124040
considers necessary to implement sections ~~3721.50~~5168.40 to	124041
~~3721.58~~5168.56 of the Revised Code.	124042

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	124043
~~5112.39~~5168.71 of the Revised Code:	124044

(A) "Franchise permit fee rate" means the following:

124045

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	124046
~~ninety-nine~~twenty-four cents;	124047

(2) For fiscal year ~~2013~~2015 and each fiscal year	124048
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	124049

(B) "Indirect guarantee percentage" means the percentage	124050
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	124051
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	124052
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	124053
whether a class of providers is indirectly held harmless for any	124054
portion of the costs of a broad-based health-care-related tax. If	124055
the indirect guarantee percentage changes during a fiscal year,	124056
the indirect guarantee percentage is the following:	124057

(1) For the part of the fiscal year before the change takes	124058
effect, the percentage in effect before the change;	124059

(2) For the part of the fiscal year beginning with the date	124060
the indirect guarantee percentage changes, the new percentage.	124061

(C) "~~Intermediate care facility for the mentally retarded~~	124062
ICF/IID" has the same meaning as in section ~~5111.20~~5124.01 of	124063
the Revised Code~~, except that, until August 1, 2009, it does not~~	124064
~~include any such facility operated by the department of~~	124065
~~developmental disabilities~~.	124066

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	124067
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	124068

(E) "Provider agreement" has the same meaning as in section	124069
5124.01 of the Revised Code.	124070

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	124071
~~services~~developmental disabilities shall do all of the	124072
following:	124073

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	124074
and divisions (B) and (C) of this section and for the purposes	124075
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	124076
for each fiscal year each ~~intermediate care facility for the~~	124077
~~mentally retarded~~ICF/IID a franchise permit fee equal to the	124078
franchise permit fee rate multiplied by the product of the	124079
following:	124080

(1) The ~~number of beds certified under Title XIX of the~~	124081
~~"Social Security Act"~~ICF/IID's medicaid-certified capacity on the	124082
first day of May of the calendar year in which the assessment is	124083
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	124084
the Revised Code;	124085

(2) The number of days in the fiscal year.

124086

(B) If the total amount of the franchise permit fee assessed	124087
under division (A) of this section for a fiscal year exceeds the	124088
indirect guarantee percentage of the actual net patient revenue	124089
for all ~~intermediate care facilities for the mentally retarded~~	124090
ICFs/IID for that fiscal year and seventy-five per cent or more of	124091
the total number of ~~intermediate care facilities for the mentally~~	124092
~~retarded~~ICFs/IID receive enhanced medicaid payments or other	124093
state payments equal to seventy-five per cent or more of their	124094
total franchise permit fee assessments, do both of the following:	124095

(1) Recalculate the assessments under division (A) of this	124096
section using a per bed per day rate equal to the indirect	124097
guarantee percentage of actual net patient revenue for all	124098
~~intermediate care facilities for the mentally retarded~~ICFs/IID	124099
for that fiscal year;	124100

(2) Refund the difference between the amount of the franchise	124101
permit fee assessed for that fiscal year under division (A) of	124102
this section and the amount recalculated under division (B)(1) of	124103
this section as a credit against the assessments imposed under	124104
division (A) of this section for the subsequent fiscal year.	124105

(C) If the United States secretary of health and human	124106
services determines that the franchise permit fee established by	124107
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	124108
would be an impermissible health care-related tax under ~~section~~	124109
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	124110
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	124111
necessary actions to cease implementation of those sections in	124112
accordance with rules adopted under section ~~5112.39~~5168.71 of the	124113
Revised Code.	124114

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	124115
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	124116
Code and not later than the first day of each June, the department	124117
of developmental disabilities shall:	124118

~~(A) Not later than August 1, 1993, report to the department~~	124119
~~of job and family services the number of beds in each intermediate~~	124120
~~care facility for the mentally retarded certified on July 1, 1993,~~	124121
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	124122
~~42 U.S.C.A. 301, as amended;~~	124123

~~(B) Not later than June 1, 1994, and the first day of each~~	124124
~~June thereafter,~~ report to the department of ~~job and family~~	124125
~~services~~medicaid the number of beds in each ~~such facility~~	124126
~~certified~~ICF/IID on the preceding first day of May ~~under that~~	124127
~~title~~.	124128

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	124129
of August of each year, the department of ~~job and family services~~	124130
developmental disabilities shall determine the annual franchise	124131
permit fee for each ~~intermediate care facility for the mentally~~	124132
~~retarded~~ICF/IID in accordance with section ~~5112.31~~5168.61 of the	124133
Revised Code.	124134

(B) Not later than the first day of September of each year,	124135
the department shall mail to each ~~intermediate care facility for~~	124136
~~the mentally retarded~~ICF/IID notice of the amount of the	124137
franchise permit fee the ~~facility~~ICF/IID has been assessed under	124138
section ~~5112.31~~5168.61 of the Revised Code.	124139

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	124140
each ~~intermediate care facility for the mentally retarded~~ICF/IID	124141
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	124142
Code to the department in quarterly installment payments not later	124143
than forty-five days after the last day of each September,	124144
December, March, and June.	124145

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	124146
on the first day of May of a calendar year and ending on the first	124147
day of January of the immediately following calendar year, the	124148
operator of an ~~intermediate care facility for the mentally~~	124149
~~retarded~~ICF/IID converts, pursuant to section ~~5111.874~~5124.60	124150
of the Revised Code, one or more of the ~~facility's~~ICF/IID's beds	124151
to providing home and community-based services, the department of	124152
~~job and family services~~developmental disabilities shall do the	124153
following:	124154

(1) If the ~~facility's~~ICF/IID's medicaid certification is	124155
terminated because of the conversion, terminate the ~~facility's~~	124156
ICF/IID's franchise permit fee effective on the first day of the	124157
quarter immediately following the quarter in which the department	124158
receives the notice of the conversion from the director of health;	124159

(2) If the ~~facility's certified~~ICF/IID's medicaid-certified	124160
capacity ~~under medicaid~~ is reduced because of the conversion,	124161
redetermine the ~~facility's~~ICF/IID's franchise permit fee in	124162
accordance with division (B) of this section for the second half	124163
of the fiscal year for which the fee is assessed.	124164

(B)(1) To redetermine an ~~intermediate care facility for the~~	124165
~~mentally retarded's~~ICF/IID's franchise permit fee, the department	124166
shall multiply the franchise permit fee rate by the product of the	124167
following:	124168

(a) The ~~number of the facility's beds that remain certified~~	124169
~~under Title XIX of the "Social Security Act"~~ICF/IID's	124170
medicaid-certified capacity as of the date the conversion takes	124171
effect;	124172

(b) The number of days in the second half of the fiscal year	124173
for which the redetermination is made.	124174

(2) The ~~intermediate care facility for the mentally retarded~~	124175
ICF/IID shall pay its franchise permit fee as redetermined under	124176
division (B)(1) of this section in installment payments not later	124177
than forty-five days after the last day of March and June of the	124178
fiscal year for which the redetermination is made.	124179

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	124180
~~the mentally retarded~~ICF/IID fails to pay the full amount of an	124181
installment when due, the department of ~~job and family services~~	124182
developmental disabilities may assess a five per cent penalty on	124183
the amount due for each month or fraction thereof the installment	124184
is overdue.	124185

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	124186
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	124187
the department of ~~job and family services~~developmental	124188
disabilities may do any of the following if an ~~intermediate care~~	124189
~~facility for the mentally retarded~~ICF/IID fails to pay the full	124190
amount of a franchise permit fee installment when due:	124191

(1) Withhold an amount less than or equal to the installment	124192
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	124193
Code from a medicaid payment due the ~~facility~~ICF/IID until the	124194
~~facility~~ICF/IID pays the installment and penalty;	124195

(2) Offset an amount less than or equal to the installment	124196
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	124197
Code from a medicaid payment due the ~~facility~~ICF/IID;	124198

(3) ~~Terminate~~Provide for the department of medicaid to	124199
terminate the ~~facility's medicaid~~ICF/IID's provider agreement.	124200

(B) The department may offset a medicaid payment under	124201
division (A) of this section without providing notice to the	124202
~~intermediate care facility for the mentally retarded~~ICF/IID and	124203
without conducting an adjudication under Chapter 119. of the	124204
Revised Code.	124205

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	124206
~~the mentally retarded~~ICF/IID may appeal the franchise permit fee	124207
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	124208
on the grounds that the department of ~~job and family services~~	124209
developmental disabilities committed a material error in	124210
determining the amount of the fee. A request for an appeal must be	124211
received by the department not later than fifteen days after the	124212
date the department mails the notice of the fee and must include	124213
written materials setting forth the basis for the appeal.	124214

(B) If an ~~intermediate care facility for the mentally~~	124215
~~retarded~~ICF/IID submits a request for an appeal within the time	124216
required under division (A) of this section, the department shall	124217
hold a public hearing in Columbus not later than thirty days after	124218
the date the department receives the request for an appeal. The	124219
department shall, not later than ten days before the date of the	124220
hearing, mail a notice of the date, time, and place of the hearing	124221
to the ~~facility~~ICF/IID. The department may hear all requested	124222
appeals in one public hearing.	124223

(C) On the basis of the evidence presented at the hearing or	124224
any other evidence submitted by the ~~intermediate care facility for~~	124225
~~the mentally retarded~~ICF/IID, the department may adjust a fee.	124226
The department's decision is final.	124227

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	124228
treasury the home and community-based services for the mentally	124229
retarded and developmentally disabled fund. All installment	124230
payments and penalties paid by an ~~intermediate care facility for~~	124231
~~the mentally retarded~~ICF/IID under sections ~~5112.33~~5168.63 and	124232
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	124233
fund. As soon as possible after the end of each quarter, the	124234
medicaid director ~~of job and family services~~ shall certify to the	124235
director of budget and management the amount of money that is in	124236
the fund as of the last day of that quarter. On receipt of a	124237
certification, the director of budget and management shall	124238
transfer the amount so certified from the home and community-based	124239
services for the mentally retarded and developmentally disabled	124240
fund to the department of developmental disabilities operating and	124241
services fund created under section ~~5112.371~~5168.69 of the	124242
Revised Code.	124243

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	124244
treasury the department of developmental disabilities operating	124245
and services fund. The fund shall consist of the money transferred	124246
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	124247
in the fund shall be used for the expenses of the programs that	124248
the department of developmental disabilities administers and the	124249
department's administrative expenses.	124250

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	124251
~~services~~developmental disabilities may make any investigation it	124252
considers appropriate to obtain information necessary to fulfill	124253
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	124254
the Revised Code. At the request of the department, the attorney	124255
general shall aid in any such investigations. The attorney general	124256
shall institute and prosecute all necessary actions for the	124257
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	124258
Revised Code, except that at the request of the attorney general,	124259
the county prosecutor of the county in which an ~~intermediate care~~	124260
~~facility for the mentally retarded~~ICF/IID that has failed to	124261
comply with those sections is located shall institute and	124262
prosecute any necessary action against the ~~facility~~ICF/IID.	124263

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	124264
authorized by section 5162.021 of the Revised Code, the director	124265
of ~~job and family services~~developmental disabilities shall adopt	124266
rules in accordance with Chapter 119. of the Revised Code to do	124267
both of the following:	124268

(A) Prescribe the actions the department of developmental	124269
disabilities will take to cease implementation of sections ~~5112.30~~	124270
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	124271
States secretary of health and human services determines that the	124272
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	124273
Revised Code is an impermissible health care-related tax under	124274
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	124275
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	124276

(B) Establish any other requirements or procedures the	124277
director considers necessary to implement sections ~~5112.30~~5168.60	124278
to ~~5112.39~~5168.71 of the Revised Code.	124279

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	124280
~~family services~~ shall impose a penalty for each day that a	124281
hospital fails to report the information required under section	124282
~~5112.04~~5168.05 of the Revised Code on or before the dates	124283
specified in that section. The amount of the penalty shall be	124284
established by the director in rules adopted under section ~~5112.03~~	124285
5168.02 of the Revised Code.	124286

(B) In addition to any other remedy available to the	124287
department of ~~job and family services~~medicaid under law to	124288
collect unpaid assessments and transfers under sections ~~5112.01~~	124289
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	124290
shall impose a penalty of ten per cent of the amount due on any	124291
hospital that fails to pay assessments or make intergovernmental	124292
transfers by the dates required by rules adopted under section	124293
~~5112.03~~5168.02 of the Revised Code.	124294

(C) In addition to any other remedy available to the	124295
department of ~~job and family services~~medicaid under law to	124296
collect unpaid assessments imposed under section ~~5112.41~~5168.21	124297
of the Revised Code, the director shall impose a penalty of ten	124298
per cent of the amount due on any hospital that fails to pay the	124299
assessment by the date it is due.	124300

(D) The director shall waive the penalties provided for in	124301
this section for good cause shown by the hospital.	124302

(E) All penalties imposed under this section shall be	124303
deposited into the health care administration fund created by	124304
section ~~5111.94~~5162.54 of the Revised Code.	124305

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	124306
~~services~~medicaid may offset the amount of a hospital's unpaid	124307
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	124308
from one or more payments due the hospital under the medicaid	124309
program. The total amount that may be offset from one or more	124310
payments shall not exceed the amount of the unpaid penalty.	124311

Sec. 5302.221. (A) As used in this section:

124312

"Estate" has the same meaning as in section ~~5111.11~~5162.21	124313
of the Revised Code.	124314

"Medicaid estate recovery program" means the program	124315
instituted under section ~~5111.11~~5162.21 of the Revised Code.	124316

(B) The administrator of the medicaid estate recovery program	124317
shall prescribe a form on which a beneficiary of a transfer on	124318
death designation affidavit as provided in section 5302.22 of the	124319
Revised Code, who survives the deceased owner of the real property	124320
or an interest in the real property or that is in existence on the	124321
date of death of the deceased owner, or that beneficiary's	124322
representative is to indicate both of the following:	124323

(1) Whether the deceased owner was either of the following:

124324

(a) A decedent subject to the medicaid estate recovery	124325
program;	124326

(b) The spouse of a decedent subject to the medicaid estate	124327
recovery program.	124328

(2) Whether the real property or interest in the real	124329
property was part of the estate of a decedent subject to the	124330
medicaid estate recovery program.	124331

(C) A county recorder shall obtain a properly completed form	124332
prescribed under division (B) of this section from the beneficiary	124333
of a transfer on death designation affidavit or the beneficiary's	124334
representative and send a copy of the form to the administrator of	124335
the medicaid estate recovery program before recording the transfer	124336
of the real property or interest in the real property under	124337
section 5302.222 of the Revised Code.	124338

Sec. 5309.082. (A) As used in this section:

124339

"Estate" has the same meaning as in section ~~5111.11~~5162.21	124340
of the Revised Code.	124341

"Medicaid estate recovery program" means the program	124342
instituted under section ~~5111.11~~5162.21 of the Revised Code.	124343

(B) The administrator of the medicaid estate recovery program	124344
shall prescribe a form on which a surviving tenant under a	124345
survivorship tenancy or such a surviving tenant's representative	124346
is to indicate both of the following:	124347

(1) Whether the deceased survivorship tenant was either of	124348
the following:	124349

(a) A decedent subject to the medicaid estate recovery	124350
program;	124351

(b) The spouse of a decedent subject to the medicaid estate	124352
recovery program.	124353

(2) Whether the registered land under a survivorship tenancy	124354
was part of the estate of a decedent subject to the medicaid	124355
estate recovery program.	124356

(C) A county recorder shall obtain a properly completed form	124357
prescribed under division (B) of this section from the surviving	124358
tenant under a survivorship tenancy or the surviving tenant's	124359
representative and send a copy of the form to the administrator of	124360
the medicaid estate recovery program before registering the title	124361
in the surviving tenants under section 5309.081 of the Revised	124362
Code.	124363

Sec. 5309.68. Any person owning real estate, the title to	124364
which is registered, may request the withdrawal of such real	124365
estate from registration by presenting to the county recorder an	124366
affidavit of intention to withdraw. The affidavit shall describe	124367
the real estate, shall be properly executed and signed, and shall	124368
have attached to it the owner's duplicate certificate of title.	124369
Thereupon the county recorder shall register or record the	124370
affidavit and, upon order of the court, cancel said certificate of	124371
record, and ~~thereafter~~record the court's order in the	124372
unregistered land official records. Thereafter, said title shall	124373
be considered the same as other unregistered lands. ~~All deeds and~~	124374
~~mortgages heretofore filed conveying registered lands, the~~A	124375
registration certificate ~~of which~~that has been surrendered as	124376
herein provided, shall be recorded according to law, and	124377
thereafter the lands conveyed therein shall be considered the same	124378
as other unregistered lands.	124379

Sec. 5309.86. (A) Every memorial, notation, or cancellation	124380
of such memorial or notation, made on any certificate of title or	124381
duplicate thereof that is kept by paper means shall be signed by	124382
the county recorder or ~~his~~the recorder's authorized deputy or	124383
clerk.	124384

(B) If a county recorder maintains registered land records by	124385
nonpaper means in the manner authorized by section 5309.031 of the	124386
Revised Code, the signature and seal of the county recorder or the	124387
recorder's authorized deputy or clerk may be reproduced by	124388
electronic facsimile on a certificate of title or duplicate	124389
thereof. Any prior memorial, notation, or cancellation of such	124390
memorial or notation on a certificate of title or duplicate	124391
thereof shall note only the name of the prior recorder and need	124392
not be signed by the county recorder or the recorder's authorized	124393
deputy or clerk.	124394

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	124395
127.16 of the Revised Code the director of transportation may	124396
lease or lease-purchase all or any part of a transportation	124397
facility to or from one or more persons, one or more governmental	124398
agencies, a transportation improvement district, or any	124399
combination thereof, and may grant leases, easements, or licenses	124400
for lands under the control of the department of transportation.	124401
The director may adopt rules necessary to give effect to this	124402
section.	124403

(B) Plans and specifications for the construction of a	124404
transportation facility under a lease or lease-purchase agreement	124405
are subject to approval of the director and must meet or exceed	124406
all applicable standards of the department.	124407

(C) Any lease or lease-purchase agreement under which the	124408
department is the lessee shall be for a period not exceeding the	124409
then current two-year period for which appropriations have been	124410
made by the general assembly to the department, and such agreement	124411
may contain such other terms as the department and the other	124412
parties thereto agree, notwithstanding any other provision of law,	124413
including provisions that rental payments in amounts sufficient to	124414
pay bond service charges payable during the current two-year lease	124415
term shall be an absolute and unconditional obligation of the	124416
department independent of all other duties under the agreement	124417
without set-off or deduction or any other similar rights or	124418
defenses. Any such agreement may provide for renewal of the	124419
agreement at the end of each term for another term, not exceeding	124420
two years, provided that no renewal shall be effective until the	124421
effective date of an appropriation enacted by the general assembly	124422
from which the department may lawfully pay rentals under such	124423
agreement. Any such agreement may include, without limitation, any	124424
agreement by the department with respect to any costs of	124425
transportation facilities to be included prior to acquisition and	124426
construction of such transportation facilities. Any such agreement	124427
shall not constitute a debt or pledge of the faith and credit of	124428
the state, or of any political subdivision of the state, and the	124429
lessor shall have no right to have taxes or excises levied by the	124430
general assembly, or the taxing authority of any political	124431
subdivision of the state, for the payment of rentals thereunder.	124432
Any such agreement shall contain a statement to that effect.	124433

(D) A municipal corporation, township, or county may use	124434
service payments in lieu of taxes credited to special funds or	124435
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	124436
Revised Code to provide its contribution to the cost of a	124437
transportation facility, provided such facility was among the	124438
purposes for which such service payments were authorized. The	124439
contribution may be in the form of a lump sum or periodic	124440
payments.	124441

(E) Pursuant to the "Telecommunications Act of 1996," 110	124442
Stat. 152, 47 U.S.C. 332 note, the director may grant a lease,	124443
easement, or license in a transportation facility to a	124444
telecommunications service provider for construction, placement,	124445
or operation of a telecommunications facility. An interest granted	124446
under this division is subject to all of the following conditions:	124447

(1) The transportation facility is owned in fee simple or	124448
easement by this state at the time the lease, easement, or license	124449
is granted to the telecommunications provider.	124450

(2) The lease, easement, or license shall be granted on a	124451
competitive basis in accordance with policies and procedures to be	124452
determined by the director. The policies and procedures may	124453
include provisions for master leases for multiple sites.	124454

(3) The telecommunications facility shall be designed to	124455
accommodate the state's multi-agency radio communication system,	124456
the intelligent transportation system, and the department's	124457
communication system as the director may determine is necessary	124458
for highway or other departmental purposes.	124459

(4) The telecommunications facility shall be designed to	124460
accommodate such additional telecommunications equipment as may	124461
feasibly be co-located thereon as determined in the discretion of	124462
the director.	124463

(5) The telecommunications service providers awarded the	124464
lease, easement, or license, agree to permit other	124465
telecommunications service providers to co-locate on the	124466
telecommunications facility, and agree to the terms and conditions	124467
of the co-location as determined in the discretion of the	124468
director.	124469

(6) The director shall require indemnity agreements in favor	124470
of the department as a condition of any lease, easement, or	124471
license granted under this division. Each indemnity agreement	124472
shall secure this state and its agents from liability for damages	124473
arising out of safety hazards, zoning, and any other matter of	124474
public interest the director considers necessary.	124475

(7) The telecommunications service provider fully complies	124476
with any permit issued under section 5515.01 of the Revised Code	124477
pertaining to land that is the subject of the lease, easement, or	124478
license.	124479

(8) All plans and specifications shall meet with the	124480
director's approval.	124481

(9) Any other conditions the director determines necessary.

124482

(F) In accordance with section 5501.031 of the Revised Code,	124483
to further efforts to promote energy conservation and energy	124484
efficiency, the director may grant a lease, easement, or license	124485
in a transportation facility to a utility service provider that	124486
has received its certificate from the Ohio power siting board or	124487
appropriate local entity for construction, placement, or operation	124488
of an alternative energy generating facility service provider as	124489
defined in section 4928.64 of the Revised Code. An interest	124490
granted under this division is subject to all of the following	124491
conditions:	124492

(1) The transportation facility is owned in fee simple or in	124493
easement by this state at the time the lease, easement, or license	124494
is granted to the utility service provider.	124495

(2) The lease, easement, or license shall be granted on a	124496
competitive basis in accordance with policies and procedures to be	124497
determined by the director. The policies and procedures may	124498
include provisions for master leases for multiple sites.	124499

(3) The alternative energy generating facility shall be	124500
designed to provide energy for the department's transportation	124501
facilities with the potential for selling excess power on the	124502
power grid, as the director may determine is necessary for highway	124503
or other departmental purposes.	124504

(4) The director shall require indemnity agreements in favor	124505
of the department as a condition of any lease, easement, or	124506
license granted under this division. Each indemnity agreement	124507
shall secure this state from liability for damages arising out of	124508
safety hazards, zoning, and any other matter of public interest	124509
the director considers necessary.	124510

(5) The alternative energy service provider fully complies	124511
with any permit issued by the Ohio power siting board under	124512
Chapter 4906. of the Revised Code and complies with section	124513
5515.01 of the Revised Code pertaining to land that is the subject	124514
of the lease, easement, or license.	124515

(6) All plans and specifications shall meet with the	124516
director's approval.	124517

(7) Any other conditions the director determines necessary.

124518

(G) Money the department receives under ~~divisions (E) and (F)~~	124519
of this section shall be deposited into the state treasury to the	124520
credit of the highway operating fund.	124521

(H) A lease, easement, or license granted under division (E)	124522
or (F) of this section, and any telecommunications facility or	124523
alternative energy generating facility relating to such interest	124524
in a transportation facility, is hereby deemed to further the	124525
essential highway purpose of building and maintaining a safe,	124526
energy-efficient, and accessible transportation system.	124527

Sec. 5501.312. (A) The director of transportation may do all	124528
of the following:	124529

~~(A)~~(1) Contract in the manner provided by this section with	124530
one or more persons, a transportation improvement district, one or	124531
more governmental agencies, or any combination thereof, desiring	124532
the use or service of a transportation facility, and fix the	124533
terms, conditions, rentals, or other charges for such use or	124534
services. Such contract may provide for acquisition by such person	124535
or governmental agency of all or any part of the facility for such	124536
consideration payable over the period of the contract or otherwise	124537
as the director in ~~his~~the director's sole discretion determines	124538
to be appropriate.	124539

~~(B)~~(2) Make loans from any available source, including the	124540
federal share of a project, for the planning, acquisition, or	124541
construction of transportation facilities upon such terms as the	124542
director may determine or authorize, including secured or	124543
unsecured loans, and in connection therewith, enter into loan	124544
agreements, subordination agreements, and other agreements, accept	124545
notes and other forms of obligation to evidence the indebtedness	124546
and mortgages, liens, pledges, assignments, or other security	124547
interests to secure the indebtedness, which may be prior or	124548
subordinate to or on a parity with other indebtedness,	124549
obligations, mortgages, pledges, assignments, other security	124550
interests, or liens or encumbrances, and take such actions as are	124551
appropriate to protect the security and safeguard against losses,	124552
including foreclosure and the bidding upon and purchase of	124553
property upon foreclosure or other sale. Repayments of a federal	124554
share loan may be obligated by the director for any transportation	124555
purpose, including the reloaning of such repaid funds for other	124556
projects. Reloaned funds would be considered state loans, not	124557
federal share loans.	124558

~~(C)~~(3) Sell transportation facilities under such terms as he	124559
the director may determine, including conditional sale or	124560
installment sale, under which title may pass prior to or after	124561
completion of the facility, or at any time provided in the	124562
agreement pertaining to the sale, including sale under an option	124563
to purchase at a price which may be a nominal amount or less than	124564
true value at the time of the purchase;	124565

~~(D)~~(4) Grant a ~~mortage~~mortgage, lien, or other encumbrance	124566
on, or pledge or assignment of, or other security interest with	124567
respect to, all or any part of a transportation facility, or on,	124568
of, or with respect to any lease, sublease, sale, conditional sale	124569
or installment sale agreement, loan agreement, or other agreement	124570
pertaining to the lease, sublease, sale, or other disposition of a	124571
facility or pertaining to a loan made for a facility, or any	124572
guaranty or insurance agreement made with respect thereto, or any	124573
interest of the department of transportation therein, or any other	124574
interest granted, assigned, or released to secure payments to be	124575
made by the department, which mortgage, lien, encumbrance, pledge,	124576
assignment, or other security interest may be prior or subordinate	124577
to or on a parity with any other mortgage assignment, or other	124578
security interest, lien, or encumbrance;	124579

~~(E)~~(5) Contract for the acquisition or construction of a	124580
transportation facility or any part thereof and for the leasing,	124581
subleasing, sale, or other disposition of the facility in a manner	124582
determined by the director.	124583

(B) All money received by the department under this section	124584
shall be deposited into the state treasury to the credit of the	124585
highway operating fund.	124586

Sec. 5501.73. (A) After selecting a solicited or unsolicited	124587
proposal for a public-private initiative, the department of	124588
transportation shall enter into a public-private agreement for a	124589
transportation facility with the selected private entity or any	124590
configuration of private entities. An affected jurisdiction may be	124591
a party to a public-private agreement entered into by the	124592
department and a selected private entity or combination of private	124593
entities.	124594

(B) A public-private agreement under this section shall	124595
provide for all of the following:	124596

(1) Planning, acquisition, financing, development, design,	124597
construction, reconstruction, replacement, improvement,	124598
maintenance, management, repair, leasing, or operation of a	124599
transportation facility;	124600

(2) Term of the public-private agreement;

124601

(3) Type of property interest, if any, the private entity	124602
will have in the transportation facility;	124603

(4) A specific plan to ensure proper maintenance of the	124604
transportation facility throughout the term of the agreement and a	124605
return of the facility to the department, if applicable, in good	124606
condition and repair;	124607

(5) Whether user fees will be collected on the transportation	124608
facility and the basis by which such user fees shall be determined	124609
and modified;	124610

(6) Compliance with applicable federal, state, and local	124611
laws;	124612

(7) Grounds for termination of the public-private agreement	124613
by the department or operator;	124614

(8) Disposition of the facility upon completion of the	124615
agreement;	124616

(9) Procedures for amendment of the agreement.

124617

(C) A public-private agreement under this section may provide	124618
for any of the following:	124619

(1) Review and approval by the department of the operator's	124620
plans for the development and operation of the transportation	124621
facility;	124622

(2) Inspection by the department of construction of or	124623
improvements to the transportation facility;	124624

(3) Maintenance by the operator of a policy of liability	124625
insurance or self-insurance;	124626

(4) Filing by the operator, on a periodic basis, of	124627
appropriate financial statements in a form acceptable to the	124628
department;	124629

(5) Filing by the operator, on a periodic basis, of traffic	124630
reports in a form acceptable to the department;	124631

(6) Financing obligations of the operator and the department;

124632

(7) Apportionment of expenses between the operator and the	124633
department;	124634

(8) Rights and duties of the operator, the department, and	124635
other state and local governmental entities with respect to use of	124636
the transportation facility;	124637

(9) Rights and remedies available in the event of default or	124638
delay;	124639

(10) Terms and conditions of indemnification of the operator	124640
by the department;	124641

(11) Assignment, subcontracting, or other delegation of	124642
responsibilities of the operator or the department under the	124643
agreement to third parties, including other private entities and	124644
other state agencies;	124645

(12) Sale or lease to the operator of private property	124646
related to the transportation facility;	124647

(13) Traffic enforcement and other policing issues, including	124648
any reimbursement by the private entity for such services.	124649

(D)(1) The director of transportation may include in any	124650
public-private agreement under sections 5501.70 to 5501.83 of the	124651
Revised Code a provision authorizing a binding dispute resolution	124652
method for any controversy subsequently arising out of the	124653
contract. The binding dispute resolution method may proceed only	124654
upon agreement of all parties to the controversy. If all parties	124655
do not agree to proceed to a binding dispute resolution, a party	124656
having a claim against the department shall exhaust its	124657
administrative remedies specified in the public-private agreement	124658
prior to filing any action against the department in the court of	124659
claims.	124660

No appeal from the determination of a technical expert lies	124661
to any court, except that the court of common pleas of Franklin	124662
County may issue an order vacating such a determination upon the	124663
application of any party to the binding dispute resolution if any	124664
of the following applies:	124665

(a) The determination was procured by corruption, fraud, or	124666
undue means.	124667

(b) There was evidence of partiality or corruption on the	124668
part of the technical expert.	124669

(c) The technical expert was guilty of misconduct in refusing	124670
to postpone the hearing, upon sufficient cause shown, or in	124671
refusing to hear evidence pertinent and material to the	124672
controversy, or of any other misbehavior by which the rights of	124673
any party have been prejudiced.	124674

(2) As used in this division, "binding dispute resolution"	124675
means a binding determination after review by a technical expert	124676
of all relevant items, which may include documents, and by	124677
interviewing appropriate personnel and visiting the project site	124678
involved in the controversy. "Binding dispute resolution" does not	124679
involve representation by legal counsel or advocacy by any person	124680
on behalf of any party to the controversy.	124681

(E) No public-private agreement entered into under this	124682
section shall be construed to transfer to a private entity the	124683
director's authority to appropriate property under Chapters 163.,	124684
5501., and 5519. of the Revised Code.	124685

(F) Money collected by the department pursuant to an	124686
agreement entered into under this section shall be deposited into	124687
the state treasury to the credit of the highway operating fund.	124688

Sec. 5502.011. (A) As used in this section, "department of	124689
public safety" and "department" include all divisions within the	124690
department of public safety.	124691

(B) The director of public safety is the chief executive and	124692
administrative officer of the department. The director may	124693
establish policies governing the department, the performance of	124694
its employees and officers, the conduct of its business, and the	124695
custody, use, and preservation of departmental records, papers,	124696
books, documents, and property. The director also may authorize	124697
and approve investigations to be conducted by any of the	124698
department's divisions. Whenever the Revised Code imposes a duty	124699
upon or requires an action of the department, the director may	124700
perform the action or duty in the name of the department or direct	124701
such performance to be performed by the director's designee.	124702

(C) In addition to any other duties enumerated in the Revised	124703
Code, the director or the director's designee shall do all of the	124704
following:	124705

(1) Administer and direct the performance of the duties of	124706
the department;	124707

(2) Pursuant to Chapter 119. of the Revised Code, approve,	124708
adopt, and prescribe such forms and rules as are necessary to	124709
carry out the duties of the department;	124710

(3) On behalf of the department and in addition to any	124711
authority the Revised Code otherwise grants to the department,	124712
have the authority and responsibility for approving and entering	124713
into contracts, agreements, and other business arrangements;	124714

(4) Make appointments for the department as needed to comply	124715
with requirements of the Revised Code;	124716

(5) Approve employment actions of the department, including	124717
appointments, promotions, discipline, investigations, and	124718
terminations;	124719

(6) Accept, hold, and use, for the benefit of the department,	124720
any gift, donation, bequest, or devise, and may agree to and	124721
perform all conditions of the gift, donation, bequest, or devise,	124722
that are not contrary to law;	124723

(7) Apply for, allocate, disburse, and account for grants	124724
made available under federal law or from other federal, state, or	124725
private sources;	124726

(8) Develop a list of disqualifying offenses for licensure as	124727
a private investigator or a security guard provider pursuant to	124728
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	124729
Code;	124730

(9) Do all other acts necessary or desirable to carry out	124731
this chapter.	124732

(D)(1) The director of public safety may assess a reasonable	124733
fee, plus the amount of any charge or fee passed on from a	124734
financial institution, on a drawer or indorser for each of the	124735
following:	124736

(a) A check, draft, or money order that is returned or	124737
dishonored;	124738

(b) An automatic bank transfer that is declined, due to	124739
insufficient funds or for any other reason;	124740

(c) Any financial transaction device that is returned or	124741
dishonored for any reason.	124742

(2) The director shall deposit any fee collected under this	124743
division in an appropriate fund as determined by the director	124744
based on the tax, fee, or fine being paid.	124745

(3) As used in this division, "financial transaction device"	124746
has the same meaning as in section 113.40 of the Revised Code.	124747

(E) The director shall establish a homeland security advisory	124748
council to advise the director on homeland security, including	124749
homeland security funding efforts. The advisory council shall	124750
include, but not be limited to, state and local government	124751
officials who have homeland security or emergency management	124752
responsibilities and who represent first responders. The director	124753
shall appoint the members of the council, who shall serve without	124754
compensation.	124755

~~(F)(1) The director or the director's designee shall carry~~	124756
~~out the duties required of the director under Chapter 5507. of the~~	124757
~~Revised Code. The director may, at the director's discretion,~~	124758
~~assign employees of the department to provide assistance in~~	124759
~~carrying out those duties as the director considers necessary.~~	124760

~~(2) The director may adopt rules under Chapter 111. of the~~	124761
~~Revised Code to approve, adopt, and prescribe such forms and~~	124762
~~processes as are necessary to carry out the duties required of the~~	124763
~~director under Chapter 5507. of the Revised Code.~~	124764

Sec. 5505.12. (A) The state highway patrol retirement board	124765
shall have prepared annually by or under the supervision of an	124766
actuary an actuarial valuation of the pension assets, liabilities,	124767
and funding requirements of the state highway patrol retirement	124768
system as established pursuant to this chapter. The actuary shall	124769
complete the valuation in accordance with actuarial standards of	124770
practice promulgated by the actuarial standards board of the	124771
American academy of actuaries and prepare a report of the	124772
valuation. The report shall include all of the following:	124773

(1) A summary of the benefit provisions evaluated;

124774

(2) A summary of the census data and financial information	124775
used in the valuation;	124776

(3) A description of the actuarial assumptions, actuarial	124777
cost method, and asset valuation method used in the valuation,	124778
including a statement of the assumed rate of payroll growth and	124779
assumed rate of growth or decline in the number of members	124780
contributing to the retirement system;	124781

(4) A summary of findings that includes a statement of the	124782
actuarial accrued pension liabilities and unfunded actuarial	124783
accrued pension liabilities;	124784

(5) A schedule showing the effect of any changes in the	124785
benefit provisions, actuarial assumptions, or cost methods since	124786
the last annual actuarial valuation;	124787

(6) A statement of whether contributions to the retirement	124788
system are expected to be sufficient to satisfy the funding	124789
objectives established by the board.	124790

The board shall submit the report to the Ohio retirement	124791
study council, the director of budget and management, and the	124792
standing committees of the house of representatives and the senate	124793
with primary responsibility for retirement legislation immediately	124794
upon its availability and not later than the first day of July	124795
following the year for which the valuation was made.	124796

(B) At such times as the state highway patrol retirement	124797
board determines, and at least once in each five-year period after	124798
January 1, 1966, the board shall have prepared by or under the	124799
supervision of an actuary an actuarial investigation of the	124800
mortality, service, and other experience of the members,	124801
retirants, and beneficiaries to update the actuarial assumptions	124802
used in the actuarial valuation required by division (A) of this	124803
section. The actuary shall prepare a report of the actuarial	124804
investigation. The report shall be prepared and any recommended	124805
changes in actuarial assumptions shall be made in accordance with	124806
the actuarial standards of practice promulgated by the actuarial	124807
standards board of the American academy of actuaries. The report	124808
shall include all of the following:	124809

(1) A summary of relevant decrement and economic assumption	124810
experience observed over the period of the investigation;	124811

(2) Recommended changes in actuarial assumptions to be used	124812
in subsequent actuarial valuations required by division (A) of	124813
this section;	124814

(3) A measurement of the financial effect of the recommended	124815
changes in actuarial assumptions;	124816

(4) If the investigation required by this division includes	124817
the investigation required by division (F) of this section, a	124818
report of the result of that investigation.	124819

The board shall submit the report to the Ohio retirement	124820
study council and the standing committees of the house of	124821
representatives and the senate with primary responsibility for	124822
retirement legislation not later than the first day of November	124823
following the last fiscal year of the period the report covers.	124824

(C) The board may at any time request the actuary to make any	124825
studies or actuarial valuations to determine the adequacy of the	124826
rates of contributions provided by section 5505.15 of the Revised	124827
Code.	124828

(D) The board shall have prepared by or under the supervision	124829
of an actuary an actuarial analysis of any introduced legislation	124830
expected to have a measurable financial impact on the retirement	124831
system. The actuarial analysis shall be completed in accordance	124832
with the actuarial standards of practice promulgated by the	124833
actuarial standards board of the American academy of actuaries.	124834
The actuary shall prepare a report of the actuarial analysis,	124835
which shall include all of the following:	124836

(1) A summary of the statutory changes that are being	124837
evaluated;	124838

(2) A description of or reference to the actuarial	124839
assumptions and actuarial cost method used in the report;	124840

(3) A description of the participant group or groups included	124841
in the report;	124842

(4) A statement of the financial impact of the legislation,	124843
including the resulting increase, if any, in the employer normal	124844
cost percentage; the increase, if any, in actuarial accrued	124845
liabilities; and the per cent of payroll that would be required to	124846
amortize the increase in actuarial accrued liabilities as a level	124847
per cent of covered payroll for all active members over a period	124848
not to exceed thirty years;	124849

(5) A statement of whether the scheduled contributions to the	124850
system after the proposed change is enacted are expected to be	124851
sufficient to satisfy the funding objectives established by the	124852
board.	124853

Not later than sixty days from the date of introduction of	124854
the legislation, the board shall submit a copy of the actuarial	124855
analysis to the legislative service commission, the standing	124856
committees of the house of representatives and the senate with	124857
primary responsibility for retirement legislation, and the Ohio	124858
retirement study council.	124859

(E) The board shall have prepared annually a report giving a	124860
full accounting of the revenues and costs relating to the	124861
provision of benefits under section 5505.28 of the Revised Code.	124862
The report shall be made as of December 31, 1997, and the	124863
thirty-first day of December of each year thereafter. The report	124864
shall include the following:	124865

(1) A description of the statutory authority for the benefits	124866
provided;	124867

(2) A summary of the benefits;

124868

(3) A summary of the eligibility requirements for the	124869
benefits;	124870

(4) A statement of the number of participants eligible for	124871
the benefits;	124872

(5) A description of the accounting, asset valuation, and	124873
funding method used to provide the benefits;	124874

(6) A statement of the net assets available for the provision	124875
of the benefits as of the last day of the fiscal year;	124876

(7) A statement of any changes in the net assets available	124877
for the provision of benefits, including participant and employer	124878
contributions, net investment income, administrative expenses, and	124879
benefits provided to participants, as of the last day of the	124880
fiscal year;	124881

(8) For the last six consecutive fiscal years, a schedule of	124882
the net assets available for the benefits, the annual cost of	124883
benefits, administrative expenses incurred, and annual employer	124884
contributions allocated for the provision of benefits;	124885

(9) A description of any significant changes that affect the	124886
comparability of the report required under this division;	124887

(10) A statement of the amount paid under division (B) of	124888
section 5505.28 of the Revised Code.	124889

The board shall submit the report to the Ohio retirement	124890
study council, the director of budget and management, and the	124891
standing committees of the house of representatives and the senate	124892
with primary responsibility for retirement legislation immediately	124893
upon its availability and not later than the thirtieth day of June	124894
following the year for which the report was made.	124895

(F) At least once in each five-year period, the board shall	124896
have prepared by or under the supervision of an actuary an	124897
actuarial investigation of the deferred retirement option plan	124898
established under section 5505.50 of the Revised Code. The	124899
investigation shall include an examination of the financial	124900
impact, if any, on the retirement system of offering the plan to	124901
members.	124902

The actuary shall prepare a report of the actuarial	124903
investigation. The report shall include a determination of whether	124904
the plan, as established or modified, has a negative financial	124905
impact on the retirement system and, if so, recommendations on how	124906
to modify the plan to eliminate the negative financial impact. If	124907
the actuarial report indicates that the plan has a negative	124908
financial impact on the retirement system, the board shall modify	124909
the plan. If the board modifies the plan, the rights and	124910
obligations of members who have already elected to participate	124911
shall not be altered.	124912

The state's contributions to the employer accumulation fund	124913
shall not be increased to offset any negative financial impact of	124914
the deferred retirement option plan.	124915

The board may include the actuarial investigation required	124916
under this division as part of the actuarial investigation	124917
required under division (B) of this section. If the report of the	124918
actuarial investigation required by this division is not included	124919
in the report required by division (B) of this section, the board	124920
shall submit the report required by this division to the Ohio	124921
retirement study council and the standing committees of the house	124922
of representatives and the senate with primary responsibility for	124923
retirement legislation not later than the first day of November	124924
following the last fiscal year of the period the report covers.	124925

Sec. 5511.03. The director of transportation shall examine	124926
the existing highway facilities serving the several hospitals,	124927
educational institutions, and correctional and other similar	124928
institutions belonging to the state, and located outside municipal	124929
corporations. Where the director finds that any such state	124930
institution is not located on a state highway or connected with a	124931
highway by a suitable road, affording in its present condition	124932
adequate transportation facilities to those having occasion to	124933
visit such institution, the director may establish a state highway	124934
leading to such institution from a convenient point on an existing	124935
highway. Where the director finds that any such institution is not	124936
served by adequate highway facilities connecting it with the	124937
railroad delivery point from which it principally obtains fuel,	124938
provisions, and supplies, the director may establish a highway	124939
connecting such institution and railroad delivery point.	124940
Limitations imposed on the mileage of state highways shall not	124941
apply to highways established under this section.	124942

The director may construct at state expense all highways	124943
established under authority of this section and pay the entire	124944
cost thereof from the state highway operating fund. Such highways	124945
shall be maintained by the department of transportation and the	124946
cost shall be paid from the highway operating fund of the	124947
department.	124948

The directors of transportation, ~~mental health~~mental health	124949
and addiction services, developmental disabilities, and	124950
rehabilitation and correction may cooperate in the establishment,	124951
construction, reconstruction, maintenance, and repair of roads	124952
within the limits of state institutions. The cost shall be paid	124953
from funds appropriated for highway purposes and from the funds	124954
appropriated to the department of ~~mental health~~mental health and	124955
addiction services, department of developmental disabilities, or	124956
the department of rehabilitation and correction for capital	124957
improvements or maintenance in such proportion as may be agreed	124958
upon by the directors of transportation, ~~mental health~~mental	124959
health and addiction services, developmental disabilities, and	124960
rehabilitation and correction.	124961

Sec. 5515.08. (A) The department of transportation may	124962
contract to sell commercial advertising space within or on the	124963
outside surfaces of any building located within a roadside rest	124964
area under its jurisdiction in exchange for cash payment. Money	124965
the department receives under this section shall be deposited in	124966
the state treasury to the credit of the ~~roadside rest area~~	124967
~~improvement~~highway operating fund~~, which is hereby created. The~~	124968
~~department shall use the money in the fund only to improve~~	124969
~~roadside rest areas in accordance with section 5529.06 of the~~	124970
~~Revised Code~~.	124971

(B) Advertising placed under this section shall comply with	124972
all of the following:	124973

(1) It shall not be libelous or obscene and shall not promote	124974
any illegal product or service.	124975

(2) It shall not promote illegal discrimination on the basis	124976
of the race, religion, national origin, handicap, age, or ancestry	124977
of any person.	124978

(3) It shall not support or oppose any candidate for	124979
political office or any political cause, issue, or organization.	124980

(4) It shall comply with any controlling federal or state	124981
regulations or restrictions.	124982

(5) To the extent physically and technically practical, it	124983
shall state that the advertisement is a paid commercial	124984
advertisement and that the state does not endorse the product or	124985
service promoted by the advertisement or make any representation	124986
about the accuracy of the advertisement or the quality or	124987
performance of the product or service promoted by the	124988
advertisement.	124989

(6) It shall conform to all applicable rules adopted by the	124990
director of transportation under division (E) of this section.	124991

(C) Contracts entered into under this section shall be	124992
awarded only to the qualified bidder who submits the highest	124993
responsive bid or according to uniformly applied rate classes.	124994

(D) No person, except an advertiser alleging a breach of	124995
contract or the improper awarding of a contract, has a cause of	124996
action against the state with respect to any contract or	124997
advertising authorized by this section. Under no circumstances is	124998
the state liable for consequential or noneconomic damages with	124999
respect to any contract or advertising authorized under this	125000
section.	125001

(E) The director, in accordance with Chapter 119. of the	125002
Revised Code, shall adopt rules to implement this section. The	125003
rules shall be consistent with the policy of protecting the safety	125004
of the traveling public and consistent with the national policy	125005
governing the use and control of such roadside rest areas. The	125006
rules shall regulate the awarding of contracts and may regulate	125007
the content, display, and other aspects of the commercial	125008
advertising authorized by this section.	125009

Sec. 5701.13. (A) As used in this section:

125010

(1) "Nursing home" means a nursing home or a home for the	125011
aging, as those terms are defined in section 3721.01 of the	125012
Revised Code, that is issued a license pursuant to section 3721.02	125013
of the Revised Code.	125014

(2) "Residential care facility" means a residential care	125015
facility, as defined in section 3721.01 of the Revised Code, that	125016
is issued a license pursuant to section 3721.02 of the Revised	125017
Code.	125018

(3) "Residential facility" means a residential facility	125019
licensed under section ~~5119.22~~5119.34 of the Revised Code that	125020
provides accommodations, supervision, and personal care services	125021
for three to sixteen unrelated adults.	125022

(B) As used in Title LVII of the Revised Code, and for the	125023
purpose of other sections of the Revised Code that refer	125024
specifically to Chapter 5701. or section 5701.13 of the Revised	125025
Code, a "home for the aged" means either of the following:	125026

(1) A place of residence for aged and infirm persons that	125027
satisfies divisions (B)(1)(a) to (e) of this section:	125028

(a) It is a nursing home, residential care facility, or	125029
residential facility.	125030

(b) It is owned by a corporation, unincorporated nonprofit	125031
association, or trust of a charitable, religious, or fraternal	125032
nature, that is organized and operated not for profit, is not	125033
formed for the pecuniary gain or profit of, and whose net earnings	125034
or any part of whose net earnings is not distributable to, its	125035
members, trustees, officers, or other private persons, and is	125036
exempt from federal income taxation under section 501 of the	125037
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	125038

(c) It is open to the public without regard to race, color,	125039
or national origin.	125040

(d) It does not pay, directly or indirectly, compensation for	125041
services rendered, interest on debts incurred, or purchase price	125042
for land, building, equipment, supplies, or other goods or	125043
chattels, which compensation, interest, or purchase price is	125044
unreasonably high.	125045

(e) It provides services for the life of each resident	125046
without regard to the resident's ability to continue payment for	125047
the full cost of the services.	125048

(2) A place of residence that satisfies divisions (B)(1)(b),	125049
(d), and (e) of this section; that satisfies the definition of	125050
"nursing home" or "residential care facility" under section	125051
3721.01 of the Revised Code or the definition of "residential	125052
facility" under division (A)(3) of this section regardless of	125053
whether it is licensed as such a home or facility; and that is	125054
provided at no charge to individuals on account of their service	125055
without compensation to a charitable, religious, fraternal, or	125056
educational institution, which individuals are aged or infirm and	125057
are members of the corporation, association, or trust that owns	125058
the place of residence. For the purposes of division (B)(2) of	125059
this section, "compensation" does not include furnishing room and	125060
board, clothing, health care, or other necessities, or stipends or	125061
other de minimis payments to defray the cost thereof.	125062

Exemption from taxation shall be accorded, on proper	125063
application, only to those homes or parts of homes that meet the	125064
standards and provide the services specified in this section.	125065

Nothing in this section shall be construed as preventing a	125066
home from requiring a resident with financial need to apply for	125067
any applicable financial assistance or requiring a home to retain	125068
a resident who willfully refuses to pay for services for which the	125069
resident has contracted even though the resident has sufficient	125070
resources to do so.	125071

(C)(1) If a corporation, unincorporated nonprofit	125072
association, or trust described in division (B)(1)(b) of this	125073
section is granted a certificate of need pursuant to section	125074
3702.52 of the Revised Code to construct, add to, or otherwise	125075
modify a nursing home, or is given approval pursuant to section	125076
3791.04 of the Revised Code to construct, add to, or otherwise	125077
modify a residential care facility or residential facility and if	125078
the corporation, association, or trust submits an affidavit to the	125079
tax commissioner stating that, commencing on the date of licensure	125080
and continuing thereafter, the home or facility will be operated	125081
in accordance with the requirements of divisions (B)(1)(a) to (e)	125082
of this section, the corporation, association, or trust shall be	125083
considered to be operating a "home for the aged" within the	125084
meaning of division (B)(1) of this section, beginning on the first	125085
day of January of the year in which such certificate is granted or	125086
approval is given.	125087

(2) If a corporation, association, or trust is considered to	125088
be operating a "home for the aged" pursuant to division (C)(1) of	125089
this section, the corporation, association, or trust shall notify	125090
the tax commissioner in writing upon the occurrence of any of the	125091
following events:	125092

(a) The corporation, association, or trust no longer intends	125093
to complete the construction of, addition to, or modification of	125094
the home or facility, to obtain the appropriate license for the	125095
home or facility, or to commence operation of the home or facility	125096
in accordance with the requirements of divisions (B)(1)(a) to (e)	125097
of this section;	125098

(b) The certificate of approval referred to in division	125099
(C)(1) of this section expires, is revoked, or is otherwise	125100
terminated prior to the completion of the construction of,	125101
addition to, or modification of the home or facility;	125102

(c) The license to operate the home or facility is not	125103
granted by the director of health within one year following	125104
completion of the construction of, addition to, or modification of	125105
the home or facility;	125106

(d) The license to operate the home or facility is not	125107
granted by the director of health within four years following the	125108
date upon which the certificate or approval referred to in	125109
division (C)(1) of this section was granted or given;	125110

(e) The home or facility is granted a license to operate as a	125111
nursing home, residential care facility, or residential facility.	125112

(3) Upon the occurrence of any of the events referred to in	125113
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	125114
corporation, association, or trust shall no longer be considered	125115
to be operating a "home for the aged" pursuant to division (C)(1)	125116
of this section, except that the tax commissioner, for good cause	125117
shown and to the extent the commissioner considers appropriate,	125118
may extend the time period specified in division (C)(2)(c) or (d)	125119
of this section, or both. Nothing in division (C)(3) of this	125120
section shall be construed to prevent a nursing home, residential	125121
care facility, or residential facility from qualifying as a "home	125122
for the aged" if, upon proper application made pursuant to	125123
division (B) of this section, it is found to meet the requirements	125124
of divisions (A) and (B) of this section.	125125

Sec. 5703.052. (A) There is hereby created in the state	125126
treasury the tax refund fund, from which refunds shall be paid for	125127
taxes illegally or erroneously assessed or collected, or for any	125128
other reason overpaid, that are levied by Chapter 4301., 4305.,	125129
5726., 5728., 5729., 5731., 5733., 5735., 5739., 5741., 5743.,	125130
5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	125131
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	125132
5727.81, and 5727.811 of the Revised Code. Refunds for fees	125133
illegally or erroneously assessed or collected, or for any other	125134
reason overpaid, that are levied by sections 3734.90 to 3734.9014	125135
of the Revised Code also shall be paid from the fund. Refunds for	125136
amounts illegally or erroneously assessed or collected by the tax	125137
commissioner, or for any other reason overpaid, that are due under	125138
section 1509.50 of the Revised Code shall be paid from the fund.	125139
However, refunds for taxes levied under section 5739.101 of the	125140
Revised Code shall not be paid from the tax refund fund, but shall	125141
be paid as provided in section 5739.104 of the Revised Code.	125142

(B)(1) Upon certification by the tax commissioner to the	125143
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	125144
another amount refunded, or by the superintendent of insurance of	125145
a domestic or foreign insurance tax refund, the treasurer of state	125146
shall place the amount certified to the credit of the fund. The	125147
certified amount transferred shall be derived from ~~current~~the	125148
receipts of the same tax, fee, or other amount from which the	125149
refund arose. ~~If current receipts from the tax, fee, or other~~	125150
~~amount from which the refund arose are inadequate to make the~~	125151
~~transfer of the amount so certified, the treasurer of state shall~~	125152
~~transfer such certified amount from current receipts of the sales~~	125153
~~tax levied by section 5739.02 of the Revised Code.~~	125154

(2) When ~~the treasurer of state provides for the payment of a~~	125155
~~refund of a tax, fee, or other amount from the current receipts of~~	125156
~~the sales tax, and the~~a refund is for a tax, fee, or other amount	125157
that is not levied by the state, the tax commissioner shall	125158
recover the amount of that refund from the next distribution of	125159
that tax, fee, or other amount that otherwise would be made to the	125160
taxing jurisdiction. If the amount to be recovered would exceed	125161
twenty-five per cent of the next distribution of that tax, fee, or	125162
other amount, the commissioner may spread the recovery over more	125163
than one future distribution, taking into account the amount to be	125164
recovered and the amount of the anticipated future distributions.	125165
In no event may the commissioner spread the recovery over a period	125166
to exceed twenty-four months.	125167

Sec. 5703.059. (A) The tax commissioner may adopt rules	125168
requiring returns, including any accompanying schedule or	125169
statement, for any of the following taxes to be filed	125170
electronically using the Ohio business gateway as defined in	125171
section 718.051 of the Revised Code, filed telephonically using	125172
the system known as the Ohio telefile system, or filed by any	125173
other electronic means prescribed by the commissioner:	125174

(1) Employer income tax withholding under Chapter 5747. of	125175
the Revised Code;	125176

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

125177

(3) Cigarette and tobacco product tax under Chapter 5743. of	125178
the Revised Code;	125179

(4) Severance tax under Chapter 5749. of the Revised Code;

125180

(5) Use tax under Chapter 5741. of the Revised Code;

125181

(6) Commercial activity tax under Chapter 5751. of the	125182
Revised Code;	125183

(7) Financial institutions tax under Chapter 5726. of the	125184
Revised Code.	125185

(B) The tax commissioner may adopt rules requiring any	125186
payment of tax shown on such a return to be due to be made	125187
electronically in a manner approved by the commissioner.	125188

(C) A rule adopted under this section does not apply to	125189
returns or reports filed or payments made before six months after	125190
the effective date of the rule. The commissioner shall publicize	125191
any new electronic filing requirement on the department's web	125192
site. The commissioner shall educate the public of the requirement	125193
through seminars, workshops, conferences, or other outreach	125194
activities.	125195

(D) Any person required to file returns and make payments	125196
electronically under rules adopted under this section may apply to	125197
the commissioner, on a form prescribed by the commissioner, to be	125198
excused from that requirement. For good cause shown, the	125199
commissioner may excuse the applicant from the requirement and	125200
permit the applicant to file the returns or reports or make the	125201
payments required under this section by nonelectronic means.	125202

Sec. 5703.21. (A) Except as provided in divisions (B) and	125203
(C) of this section, no agent of the department of taxation,	125204
except in the agent's report to the department or when called on	125205
to testify in any court or proceeding, shall divulge any	125206
information acquired by the agent as to the transactions,	125207
property, or business of any person while acting or claiming to	125208
act under orders of the department. Whoever violates this	125209
provision shall thereafter be disqualified from acting as an	125210
officer or employee or in any other capacity under appointment or	125211
employment of the department.	125212

(B)(1) For purposes of an audit pursuant to section 117.15 of	125213
the Revised Code, or an audit of the department pursuant to	125214
Chapter 117. of the Revised Code, or an audit, pursuant to that	125215
chapter, the objective of which is to express an opinion on a	125216
financial report or statement prepared or issued pursuant to	125217
division (A)(7) or (9) of section 126.21 of the Revised Code, the	125218
officers and employees of the auditor of state charged with	125219
conducting the audit shall have access to and the right to examine	125220
any state tax returns and state tax return information in the	125221
possession of the department to the extent that the access and	125222
examination are necessary for purposes of the audit. Any	125223
information acquired as the result of that access and examination	125224
shall not be divulged for any purpose other than as required for	125225
the audit or unless the officers and employees are required to	125226
testify in a court or proceeding under compulsion of legal	125227
process. Whoever violates this provision shall thereafter be	125228
disqualified from acting as an officer or employee or in any other	125229
capacity under appointment or employment of the auditor of state.	125230

(2) For purposes of an internal audit pursuant to section	125231
126.45 of the Revised Code, the officers and employees of the	125232
office of internal ~~auditing~~audit in the office of budget and	125233
management charged with ~~conducting~~directing the internal audit	125234
shall have access to and the right to examine any state tax	125235
returns and state tax return information in the possession of the	125236
department to the extent that the access and examination are	125237
necessary for purposes of the internal audit. Any information	125238
acquired as the result of that access and examination shall not be	125239
divulged for any purpose other than as required for the internal	125240
audit or unless the officers and employees are required to testify	125241
in a court or proceeding under compulsion of legal process.	125242
Whoever violates this provision shall thereafter be disqualified	125243
from acting as an officer or employee or in any other capacity	125244
under appointment or employment of the office of internal ~~auditing~~	125245
audit.	125246

(3) As provided by section 6103(d)(2) of the Internal Revenue	125247
Code, any federal tax returns or federal tax information that the	125248
department has acquired from the internal revenue service, through	125249
federal and state statutory authority, may be disclosed to the	125250
auditor of state or the office of internal ~~auditing~~audit solely	125251
for purposes of an audit of the department.	125252

(4) For purposes of Chapter 3739. of the Revised Code, an	125253
agent of the department of taxation may share information with the	125254
division of state fire marshal that the agent finds during the	125255
course of an investigation.	125256

(C) Division (A) of this section does not prohibit any of the	125257
following:	125258

(1) Divulging information contained in applications,	125259
complaints, and related documents filed with the department under	125260
section 5715.27 of the Revised Code or in applications filed with	125261
the department under section 5715.39 of the Revised Code;	125262

(2) Providing information to the office of child support	125263
within the department of job and family services pursuant to	125264
section 3125.43 of the Revised Code;	125265

(3) Disclosing to the motor vehicle repair board any	125266
information in the possession of the department that is necessary	125267
for the board to verify the existence of an applicant's valid	125268
vendor's license and current state tax identification number under	125269
section 4775.07 of the Revised Code;	125270

(4) Providing information to the administrator of workers'	125271
compensation pursuant to sections 4123.271 and 4123.591 of the	125272
Revised Code;	125273

(5) Providing to the attorney general information the	125274
department obtains under division (J) of section 1346.01 of the	125275
Revised Code;	125276

(6) Permitting properly authorized officers, employees, or	125277
agents of a municipal corporation from inspecting reports or	125278
information pursuant to rules adopted under section 5745.16 of the	125279
Revised Code;	125280

(7) Providing information regarding the name, account number,	125281
or business address of a holder of a vendor's license issued	125282
pursuant to section 5739.17 of the Revised Code, a holder of a	125283
direct payment permit issued pursuant to section 5739.031 of the	125284
Revised Code, or a seller having a use tax account maintained	125285
pursuant to section 5741.17 of the Revised Code, or information	125286
regarding the active or inactive status of a vendor's license,	125287
direct payment permit, or seller's use tax account;	125288

(8) Releasing invoices or invoice information furnished under	125289
section 4301.433 of the Revised Code pursuant to that section;	125290

(9) Providing to a county auditor notices or documents	125291
concerning or affecting the taxable value of property in the	125292
county auditor's county. Unless authorized by law to disclose	125293
documents so provided, the county auditor shall not disclose such	125294
documents;	125295

(10) Providing to a county auditor sales or use tax return or	125296
audit information under section 333.06 of the Revised Code;	125297

(11) Subject to section 4301.441 of the Revised Code,	125298
disclosing to the appropriate state agency information in the	125299
possession of the department of taxation that is necessary to	125300
verify a permit holder's gallonage or noncompliance with taxes	125301
levied under Chapter 4301. or 4305. of the Revised Code;	125302

(12) Disclosing to the department of natural resources	125303
information in the possession of the department of taxation that	125304
is necessary for the department of taxation to verify the	125305
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	125306
of section 5749.02 of the Revised Code ~~and information received~~	125307
~~pursuant to section 1509.50 of the Revised Code concerning the~~	125308
~~amount due under that section~~or to allow the department of	125309
natural resources to enforce Chapter 1509. of the Revised Code;	125310

(13) Disclosing to the department of job and family services,	125311
industrial commission, and bureau of workers' compensation	125312
information in the possession of the department of taxation solely	125313
for the purpose of identifying employers that misclassify	125314
employees as independent contractors or that fail to properly	125315
report and pay employer tax liabilities. The department of	125316
taxation shall disclose only such information that is necessary to	125317
verify employer compliance with law administered by those	125318
agencies.	125319

(14) Disclosing to the Ohio casino control commission	125320
information in the possession of the department of taxation that	125321
is necessary to verify a casino operator's compliance with section	125322
5747.063 or 5753.02 of the Revised Code and sections related	125323
thereto;	125324

(15) Disclosing to the state lottery commission information	125325
in the possession of the department of taxation that is necessary	125326
to verify a lottery sales agent's compliance with section 5747.064	125327
of the Revised Code.	125328

Sec. 5703.37. (A)(1) Except as provided in division (B) of	125329
this section, whenever service of a notice or order is required in	125330
the manner provided in this section, a copy of the notice or order	125331
shall be served upon the person affected thereby either by	125332
personal service, by certified mail, or by a delivery service	125333
authorized under section 5703.056 of the Revised Code that	125334
notifies the tax commissioner of the date of delivery.	125335

(2) In lieu of serving a copy of a notice or order through	125336
one of the means provided in division (A)(1) of this section, the	125337
commissioner may serve a notice or order upon the person affected	125338
thereby through alternative means as provided in this section,	125339
including, but not limited to, delivery by secure electronic mail	125340
as provided in division (F) of this section. Delivery by such	125341
means satisfies the requirements for delivery under this section.	125342

(B)(1)(a) If certified mail is returned because of an	125343
undeliverable address, the commissioner shall first utilize	125344
reasonable means to ascertain a new last known address, including	125345
the use of a change of address service offered by the United	125346
States postal service or an authorized delivery service under	125347
section 5703.056 of the Revised Code. If, after using reasonable	125348
means, the commissioner is unable to ascertain a new last known	125349
address, the assessment is final for purposes of section 131.02 of	125350
the Revised Code sixty days after the notice or order sent by	125351
certified mail is first returned to the commissioner, and the	125352
commissioner shall certify the notice or order, if applicable, to	125353
the attorney general for collection under section 131.02 of the	125354
Revised Code.	125355

(b) Notwithstanding certification to the attorney general	125356
under division (B)(1)(a) of this section, once the commissioner or	125357
attorney general, or the designee of either, makes an initial	125358
contact with the person to whom the notice or order is directed,	125359
the person may protest an assessment by filing a petition for	125360
reassessment within sixty days after the initial contact. The	125361
certification of an assessment under division (B)(1)(a) of this	125362
section is prima-facie evidence that delivery is complete and that	125363
the notice or order is served.	125364

(2) If mailing of a notice or order by certified mail is	125365
returned for some cause other than an undeliverable address or if	125366
a person does not access an electronic notice or order within the	125367
time provided in division (F) of this section, the commissioner	125368
shall resend the notice or order by ordinary mail. The notice or	125369
order shall show the date the commissioner sends the notice or	125370
order and include the following statement:	125371

"This notice or order is deemed to be served on the addressee	125372
under applicable law ten days from the date this notice or order	125373
was mailed by the commissioner as shown on the notice or order,	125374
and all periods within which an appeal may be filed apply from and	125375
after that date."	125376

Unless the mailing is returned because of an undeliverable	125377
address, the mailing of that information is prima-facie evidence	125378
that delivery of the notice or order was completed ten days after	125379
the commissioner sent the notice or order by ordinary mail and	125380
that the notice or order was served.	125381

If the ordinary mail is subsequently returned because of an	125382
undeliverable address, the commissioner shall proceed under	125383
division (B)(1)(a) of this section. A person may challenge the	125384
presumption of delivery and service under this division in	125385
accordance with division (C) of this section.	125386

(C)(1) A person disputing the presumption of delivery and	125387
service under division (B) of this section bears the burden of	125388
proving by a preponderance of the evidence that the address to	125389
which the notice or order was sent was not an address with which	125390
the person was associated at the time the commissioner originally	125391
mailed the notice or order by certified mail. For the purposes of	125392
this section, a person is associated with an address at the time	125393
the commissioner originally mailed the notice or order if, at that	125394
time, the person was residing, receiving legal documents, or	125395
conducting business at the address; or if, before that time, the	125396
person had conducted business at the address and, when the notice	125397
or order was mailed, the person's agent or the person's affiliate	125398
was conducting business at the address. For the purposes of this	125399
section, a person's affiliate is any other person that, at the	125400
time the notice or order was mailed, owned or controlled at least	125401
twenty per cent, as determined by voting rights, of the	125402
addressee's business.	125403

(2) If the person elects to protest an assessment certified	125404
to the attorney general for collection, the person must do so	125405
within sixty days after the attorney general's initial contact	125406
with the person. The attorney general may enter into a compromise	125407
with the person under sections 131.02 and 5703.06 of the Revised	125408
Code if the person does not file a petition for reassessment with	125409
the commissioner.	125410

(D) Nothing in this section prohibits the commissioner or the	125411
commissioner's designee from delivering a notice or order by	125412
personal service.	125413

(E) Collection actions taken pursuant to section 131.02 of	125414
the Revised Code upon any assessment being challenged under	125415
division (B)(1)(b) of this section shall be stayed upon the	125416
pendency of an appeal under this section. If a petition for	125417
reassessment is filed pursuant to this section on a claim that has	125418
been certified to the attorney general for collection, the claim	125419
shall be uncertified.	125420

(F) The commissioner may serve a notice or order upon the	125421
person affected by the notice or order through secure electronic	125422
means only with the person's consent. The commissioner must inform	125423
the recipient, electronically or by mail, that a notice or order	125424
is available for electronic review and provide instructions to	125425
access and print the notice or order. The recipient's electronic	125426
access of the notice or order satisfies the requirements for	125427
delivery under this section. If the recipient fails to access the	125428
notice or order electronically within ten business days, then the	125429
commissioner shall inform the recipient a second time,	125430
electronically or by mail, that a notice or order is available for	125431
electronic review and provide instructions to access and print the	125432
notice or order. If the recipient fails to access the notice or	125433
order electronically within ten business days of the second	125434
notification, the notice or order shall be served upon the person	125435
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	125436
section.	125437

(G) As used in this section:

125438

(1) "Last known address" means the address the department has	125439
at the time the document is originally sent by certified mail, or	125440
any address the department can ascertain using reasonable means	125441
such as the use of a change of address service offered by the	125442
United States postal service or an authorized delivery service	125443
under section 5703.056 of the Revised Code.	125444

(2) "Undeliverable address" means an address to which the	125445
United States postal service or an authorized delivery service	125446
under section 5703.056 of the Revised Code is not able to deliver	125447
a notice or order, except when the reason for nondelivery is	125448
because the addressee fails to acknowledge or accept the notice or	125449
order.	125450

Sec. 5703.75. This section applies to any tax payable to the	125451
state and administered by the tax commissioner. If the total	125452
amount of any such tax shown to be due on a return, amended	125453
return, or notice does not exceed one dollar, the taxpayer shall	125454
not be required to remit the amount due. If the total amount of a	125455
taxpayer's overpayment of any such tax does not exceed one dollar,	125456
the tax commissioner shall not be required to refund the	125457
overpayment.	125458

Sec. 5703.76. Any payment or distribution of money that the	125459
tax commissioner is required by law to make to a political	125460
subdivision of this state, an officer thereof, or a political	125461
party shall be made by electronic funds transfer. The commissioner	125462
shall promulgate any rules necessary to administer this section.	125463

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	125464
department of taxation shall acquire the necessary hardware,	125465
software, and services to establish and implement a tax discovery	125466
data system to increase the efficiency of tax collections in the	125467
state. The system must be fully integrated and pre-staged for the	125468
purposes of assisting in revenue analysis, discovering	125469
noncompliant taxpayers, and collecting taxes from those taxpayers.	125470
The system shall consolidate tax data from various mainframe	125471
systems and operate as a single tax discovery data system. The	125472
department shall contract, pursuant to a competitive bidding	125473
process, for the necessary hardware, software, and services to	125474
implement the tax discovery data system.	125475

~~(B) There is hereby created in the state treasury the~~	125476
~~discovery project fund. All money to the credit of the fund shall~~	125477
~~be used to pay the costs of implementing and operating the tax~~	125478
~~discovery data system and to defray the costs incurred by the~~	125479
~~department of taxation in administering the system.~~	125480

~~(C) Beginning July 1, 2009, on or before the first day of~~	125481
~~January, April, July, and October of each calendar year, the tax~~	125482
~~commissioner shall determine and certify to the director of budget~~	125483
~~and management the amount needed to pay the costs of operating the~~	125484
~~tax discovery data system in the previous calendar quarter and the~~	125485
~~costs incurred in the previous calendar quarter by the department~~	125486
~~of taxation in administering the system. The director shall~~	125487
~~provide for payment from the general revenue fund to the discovery~~	125488
~~project fund of the amount so certified.~~	125489

Sec. 5705.01. As used in this chapter:

125490

(A) "Subdivision" means any county; municipal corporation;	125491
township; township police district; joint police district;	125492
township fire district; joint fire district; joint ambulance	125493
district; joint emergency medical services district; fire and	125494
ambulance district; joint recreation district; township waste	125495
disposal district; township road district; community college	125496
district; technical college district; detention facility district;	125497
a district organized under section 2151.65 of the Revised Code; a	125498
combined district organized under sections 2152.41 and 2151.65 of	125499
the Revised Code; a joint-county alcohol, drug addiction, and	125500
mental health service district; a drainage improvement district	125501
created under section 6131.52 of the Revised Code; a lake	125502
facilities authority created under Chapter 353. of the Revised	125503
Code; a union cemetery district; a county school financing	125504
district; a city, local, exempted village, cooperative education,	125505
or joint vocational school district; or a regional student	125506
education district created under section 3313.83 of the Revised	125507
Code.	125508

(B) "Municipal corporation" means all municipal corporations,	125509
including those that have adopted a charter under Article XVIII,	125510
Ohio Constitution.	125511

(C) "Taxing authority" or "bond issuing authority" means, in	125512
the case of any county, the board of county commissioners; in the	125513
case of a municipal corporation, the council or other legislative	125514
authority of the municipal corporation; in the case of a city,	125515
local, exempted village, cooperative education, or joint	125516
vocational school district, the board of education; in the case of	125517
a community college district, the board of trustees of the	125518
district; in the case of a technical college district, the board	125519
of trustees of the district; in the case of a detention facility	125520
district, a district organized under section 2151.65 of the	125521
Revised Code, or a combined district organized under sections	125522
2152.41 and 2151.65 of the Revised Code, the joint board of county	125523
commissioners of the district; in the case of a township, the	125524
board of township trustees; in the case of a joint police	125525
district, the joint police district board; in the case of a joint	125526
fire district, the board of fire district trustees; in the case of	125527
a joint recreation district, the joint recreation district board	125528
of trustees; in the case of a joint-county alcohol, drug	125529
addiction, and mental health service district, the district's	125530
board of alcohol, drug addiction, and mental health services; in	125531
the case of a joint ambulance district or a fire and ambulance	125532
district, the board of trustees of the district; in the case of a	125533
union cemetery district, the legislative authority of the	125534
municipal corporation and the board of township trustees, acting	125535
jointly as described in section 759.341 of the Revised Code; in	125536
the case of a drainage improvement district, the board of county	125537
commissioners of the county in which the drainage district is	125538
located; in the case of a lake facilities authority, the board of	125539
directors; in the case of a joint emergency medical services	125540
district, the joint board of county commissioners of all counties	125541
in which all or any part of the district lies; and in the case of	125542
a township police district, a township fire district, a township	125543
road district, or a township waste disposal district, the board of	125544
township trustees of the township in which the district is	125545
located. "Taxing authority" also means the educational service	125546
center governing board that serves as the taxing authority of a	125547
county school financing district as provided in section 3311.50 of	125548
the Revised Code, and the board of directors of a regional student	125549
education district created under section 3313.83 of the Revised	125550
Code.	125551

(D) "Fiscal officer" in the case of a county, means the	125552
county auditor; in the case of a municipal corporation, the city	125553
auditor or village clerk, or an officer who, by virtue of the	125554
charter, has the duties and functions of the city auditor or	125555
village clerk, except that in the case of a municipal university	125556
the board of directors of which have assumed, in the manner	125557
provided by law, the custody and control of the funds of the	125558
university, the chief accounting officer of the university shall	125559
perform, with respect to the funds, the duties vested in the	125560
fiscal officer of the subdivision by sections 5705.41 and 5705.44	125561
of the Revised Code; in the case of a school district, the	125562
treasurer of the board of education; in the case of a county	125563
school financing district, the treasurer of the educational	125564
service center governing board that serves as the taxing	125565
authority; in the case of a township, the township fiscal officer;	125566
in the case of a joint police district, the treasurer of the	125567
district; in the case of a joint fire district, the clerk of the	125568
board of fire district trustees; in the case of a joint ambulance	125569
district, the clerk of the board of trustees of the district; in	125570
the case of a joint emergency medical services district, the	125571
person appointed as fiscal officer pursuant to division (D) of	125572
section 307.053 of the Revised Code; in the case of a fire and	125573
ambulance district, the person appointed as fiscal officer	125574
pursuant to division (B) of section 505.375 of the Revised Code;	125575
in the case of a joint recreation district, the person designated	125576
pursuant to section 755.15 of the Revised Code; in the case of a	125577
union cemetery district, the clerk of the municipal corporation	125578
designated in section 759.34 of the Revised Code; in the case of a	125579
children's home district, educational service center, general	125580
health district, joint-county alcohol, drug addiction, and mental	125581
health service district, county library district, detention	125582
facility district, district organized under section 2151.65 of the	125583
Revised Code, a combined district organized under sections 2152.41	125584
and 2151.65 of the Revised Code, or a metropolitan park district	125585
for which no treasurer has been appointed pursuant to section	125586
1545.07 of the Revised Code, the county auditor of the county	125587
designated by law to act as the auditor of the district; in the	125588
case of a metropolitan park district which has appointed a	125589
treasurer pursuant to section 1545.07 of the Revised Code, that	125590
treasurer; in the case of a drainage improvement district, the	125591
auditor of the county in which the drainage improvement district	125592
is located; in the case of a lake facilities authority, the fiscal	125593
officer designated under section 353.02 of the Revised Code; in	125594
the case of a regional student education district, the fiscal	125595
officer appointed pursuant to section 3313.83 of the Revised Code;	125596
and in all other cases, the officer responsible for keeping the	125597
appropriation accounts and drawing warrants for the expenditure of	125598
the moneys of the district or taxing unit.	125599

(E) "Permanent improvement" or "improvement" means any	125600
property, asset, or improvement with an estimated life or	125601
usefulness of five years or more, including land and interests	125602
therein, and reconstructions, enlargements, and extensions thereof	125603
having an estimated life or usefulness of five years or more.	125604

(F) "Current operating expenses" and "current expenses" mean	125605
the lawful expenditures of a subdivision, except those for	125606
permanent improvements, and except payments for interest, sinking	125607
fund, and retirement of bonds, notes, and certificates of	125608
indebtedness of the subdivision.	125609

(G) "Debt charges" means interest, sinking fund, and	125610
retirement charges on bonds, notes, or certificates of	125611
indebtedness.	125612

(H) "Taxing unit" means any subdivision or other governmental	125613
district having authority to levy taxes on the property in the	125614
district or issue bonds that constitute a charge against the	125615
property of the district, including conservancy districts,	125616
metropolitan park districts, sanitary districts, road districts,	125617
and other districts.	125618

(I) "District authority" means any board of directors,	125619
trustees, commissioners, or other officers controlling a district	125620
institution or activity that derives its income or funds from two	125621
or more subdivisions, such as the educational service center, the	125622
trustees of district children's homes, the district board of	125623
health, a joint-county alcohol, drug addiction, and mental health	125624
service district's board of alcohol, drug addiction, and mental	125625
health services, detention facility districts, a joint recreation	125626
district board of trustees, districts organized under section	125627
2151.65 of the Revised Code, combined districts organized under	125628
sections 2152.41 and 2151.65 of the Revised Code, and other such	125629
boards.	125630

(J) "Tax list" and "tax duplicate" mean the general tax lists	125631
and duplicates prescribed by sections 319.28 and 319.29 of the	125632
Revised Code.	125633

(K) "Property" as applied to a tax levy means taxable	125634
property listed on general tax lists and duplicates.	125635

(L) "Association library district" means a territory, the	125636
boundaries of which are defined by the state library board	125637
pursuant to division (I) of section 3375.01 of the Revised Code,	125638
in which a library association or private corporation maintains a	125639
free public library.	125640

(M) "Library district" means a territory, the boundaries of	125641
which are defined by the state library board pursuant to section	125642
3375.01 of the Revised Code, in which the board of trustees of a	125643
county, municipal corporation, school district, or township public	125644
library maintains a free public library.	125645

(N) "Qualifying library levy" means either of the following:

125646

(1) A levy for the support of a library association or	125647
private corporation that has an association library district with	125648
boundaries that are not identical to those of a subdivision;	125649

(2) A levy proposed under section 5705.23 of the Revised Code	125650
for the support of the board of trustees of a public library that	125651
has a library district with boundaries that are not identical to	125652
those of a subdivision.	125653

(O) "School library district" means a school district in	125654
which a free public library has been established that is under the	125655
control and management of a board of library trustees as provided	125656
in section 3375.15 of the Revised Code.	125657

Sec. 5705.19. This section does not apply to school	125658
districts or, county school financing districts, or lake	125659
facilities authorities.	125660

The taxing authority of any subdivision at any time and in	125661
any year, by vote of two-thirds of all the members of the taxing	125662
authority, may declare by resolution and certify the resolution to	125663
the board of elections not less than ninety days before the	125664
election upon which it will be voted that the amount of taxes that	125665
may be raised within the ten-mill limitation will be insufficient	125666
to provide for the necessary requirements of the subdivision and	125667
that it is necessary to levy a tax in excess of that limitation	125668
for any of the following purposes:	125669

(A) For current expenses of the subdivision, except that the	125670
total levy for current expenses of a detention facility district	125671
or district organized under section 2151.65 of the Revised Code	125672
shall not exceed two mills and that the total levy for current	125673
expenses of a combined district organized under sections 2151.65	125674
and 2152.41 of the Revised Code shall not exceed four mills;	125675

(B) For the payment of debt charges on certain described	125676
bonds, notes, or certificates of indebtedness of the subdivision	125677
issued subsequent to January 1, 1925;	125678

(C) For the debt charges on all bonds, notes, and	125679
certificates of indebtedness issued and authorized to be issued	125680
prior to January 1, 1925;	125681

(D) For a public library of, or supported by, the subdivision	125682
under whatever law organized or authorized to be supported;	125683

(E) For a municipal university, not to exceed two mills over	125684
the limitation of one mill prescribed in section 3349.13 of the	125685
Revised Code;	125686

(F) For the construction or acquisition of any specific	125687
permanent improvement or class of improvements that the taxing	125688
authority of the subdivision may include in a single bond issue;	125689

(G) For the general construction, reconstruction,	125690
resurfacing, and repair of streets, roads, and bridges in	125691
municipal corporations, counties, or townships;	125692

(H) For parks and recreational purposes;

125693

(I) For the purpose of providing and maintaining fire	125694
apparatus, appliances, buildings, or sites therefor, or sources of	125695
water supply and materials therefor, or the establishment and	125696
maintenance of lines of fire alarm telegraph, or the payment of	125697
firefighting companies or permanent, part-time, or volunteer	125698
firefighting, emergency medical service, administrative, or	125699
communications personnel to operate the same, including the	125700
payment of any employer contributions required for such personnel	125701
under section 145.48 or 742.34 of the Revised Code, or the	125702
purchase of ambulance equipment, or the provision of ambulance,	125703
paramedic, or other emergency medical services operated by a fire	125704
department or firefighting company;	125705

(J) For the purpose of providing and maintaining motor	125706
vehicles, communications, other equipment, buildings, and sites	125707
for such buildings used directly in the operation of a police	125708
department, or the payment of salaries of permanent or part-time	125709
police, communications, or administrative personnel to operate the	125710
same, including the payment of any employer contributions required	125711
for such personnel under section 145.48 or 742.33 of the Revised	125712
Code, or the payment of the costs incurred by townships as a	125713
result of contracts made with other political subdivisions in	125714
order to obtain police protection, or the provision of ambulance	125715
or emergency medical services operated by a police department;	125716

(K) For the maintenance and operation of a county home or	125717
detention facility;	125718

(L) For community mental retardation and developmental	125719
disabilities programs and services pursuant to Chapter 5126. of	125720
the Revised Code, except that the procedure for such levies shall	125721
be as provided in section 5705.222 of the Revised Code;	125722

(M) For regional planning;

125723

(N) For a county's share of the cost of maintaining and	125724
operating schools, district detention facilities, forestry camps,	125725
or other facilities, or any combination thereof, established under	125726
section 2151.65 or 2152.41 of the Revised Code or both of those	125727
sections;	125728

(O) For providing for flood defense, providing and	125729
maintaining a flood wall or pumps, and other purposes to prevent	125730
floods;	125731

(P) For maintaining and operating sewage disposal plants and	125732
facilities;	125733

(Q) For the purpose of purchasing, acquiring, constructing,	125734
enlarging, improving, equipping, repairing, maintaining, or	125735
operating, or any combination of the foregoing, a county transit	125736
system pursuant to sections 306.01 to 306.13 of the Revised Code,	125737
or of making any payment to a board of county commissioners	125738
operating a transit system or a county transit board pursuant to	125739
section 306.06 of the Revised Code;	125740

(R) For the subdivision's share of the cost of acquiring or	125741
constructing any schools, forestry camps, detention facilities, or	125742
other facilities, or any combination thereof, under section	125743
2151.65 or 2152.41 of the Revised Code or both of those sections;	125744

(S) For the prevention, control, and abatement of air	125745
pollution;	125746

(T) For maintaining and operating cemeteries;

125747

(U) For providing ambulance service, emergency medical	125748
service, or both;	125749

(V) For providing for the collection and disposal of garbage	125750
or refuse, including yard waste;	125751

(W) For the payment of the police officer employers'	125752
contribution or the firefighter employers' contribution required	125753
under sections 742.33 and 742.34 of the Revised Code;	125754

(X) For the construction and maintenance of a drainage	125755
improvement pursuant to section 6131.52 of the Revised Code;	125756

(Y) For providing or maintaining senior citizens services or	125757
facilities as authorized by section 307.694, 307.85, 505.70, or	125758
505.706 or division (EE) of section 717.01 of the Revised Code;	125759

(Z) For the provision and maintenance of zoological park	125760
services and facilities as authorized under section 307.76 of the	125761
Revised Code;	125762

(AA) For the maintenance and operation of a free public	125763
museum of art, science, or history;	125764

(BB) For the establishment and operation of a 9-1-1 system,	125765
as defined in section ~~5507.01~~128.01 of the Revised Code;	125766

(CC) For the purpose of acquiring, rehabilitating, or	125767
developing rail property or rail service. As used in this	125768
division, "rail property" and "rail service" have the same	125769
meanings as in section 4981.01 of the Revised Code. This division	125770
applies only to a county, township, or municipal corporation.	125771

(DD) For the purpose of acquiring property for, constructing,	125772
operating, and maintaining community centers as provided for in	125773
section 755.16 of the Revised Code;	125774

(EE) For the creation and operation of an office or joint	125775
office of economic development, for any economic development	125776
purpose of the office, and to otherwise provide for the	125777
establishment and operation of a program of economic development	125778
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	125779
the extent that the expenses of a county land reutilization	125780
corporation organized under Chapter 1724. of the Revised Code are	125781
found by the board of county commissioners to constitute the	125782
promotion of economic development, for the payment of such	125783
operations and expenses;	125784

(FF) For the purpose of acquiring, establishing,	125785
constructing, improving, equipping, maintaining, or operating, or	125786
any combination of the foregoing, a township airport, landing	125787
field, or other air navigation facility pursuant to section 505.15	125788
of the Revised Code;	125789

(GG) For the payment of costs incurred by a township as a	125790
result of a contract made with a county pursuant to section	125791
505.263 of the Revised Code in order to pay all or any part of the	125792
cost of constructing, maintaining, repairing, or operating a water	125793
supply improvement;	125794

(HH) For a board of township trustees to acquire, other than	125795
by appropriation, an ownership interest in land, water, or	125796
wetlands, or to restore or maintain land, water, or wetlands in	125797
which the board has an ownership interest, not for purposes of	125798
recreation, but for the purposes of protecting and preserving the	125799
natural, scenic, open, or wooded condition of the land, water, or	125800
wetlands against modification or encroachment resulting from	125801
occupation, development, or other use, which may be styled as	125802
protecting or preserving "greenspace" in the resolution, notice of	125803
election, or ballot form. Except as otherwise provided in this	125804
division, land is not acquired for purposes of recreation, even if	125805
the land is used for recreational purposes, so long as no	125806
building, structure, or fixture used for recreational purposes is	125807
permanently attached or affixed to the land. Except as otherwise	125808
provided in this division, land that previously has been acquired	125809
in a township for these greenspace purposes may subsequently be	125810
used for recreational purposes if the board of township trustees	125811
adopts a resolution approving that use and no building, structure,	125812
or fixture used for recreational purposes is permanently attached	125813
or affixed to the land. The authorization to use greenspace land	125814
for recreational use does not apply to land located in a township	125815
that had a population, at the time it passed its first greenspace	125816
levy, of more than thirty-eight thousand within a county that had	125817
a population, at that time, of at least eight hundred sixty	125818
thousand.	125819

(II) For the support by a county of a crime victim assistance	125820
program that is provided and maintained by a county agency or a	125821
private, nonprofit corporation or association under section 307.62	125822
of the Revised Code;	125823

(JJ) For any or all of the purposes set forth in divisions	125824
(I) and (J) of this section. This division applies only to a	125825
township.	125826

(KK) For a countywide public safety communications system	125827
under section 307.63 of the Revised Code. This division applies	125828
only to counties.	125829

(LL) For the support by a county of criminal justice services	125830
under section 307.45 of the Revised Code;	125831

(MM) For the purpose of maintaining and operating a jail or	125832
other detention facility as defined in section 2921.01 of the	125833
Revised Code;	125834

(NN) For purchasing, maintaining, or improving, or any	125835
combination of the foregoing, real estate on which to hold, and	125836
the operating expenses of, agricultural fairs operated by a county	125837
agricultural society or independent agricultural society under	125838
Chapter 1711. of the Revised Code. This division applies only to a	125839
county.	125840

(OO) For constructing, rehabilitating, repairing, or	125841
maintaining sidewalks, walkways, trails, bicycle pathways, or	125842
similar improvements, or acquiring ownership interests in land	125843
necessary for the foregoing improvements;	125844

(PP) For both of the purposes set forth in divisions (G) and	125845
(OO) of this section.	125846

(QQ) For both of the purposes set forth in divisions (H) and	125847
(HH) of this section. This division applies only to a township.	125848

(RR) For the legislative authority of a municipal	125849
corporation, board of county commissioners of a county, or board	125850
of township trustees of a township to acquire agricultural	125851
easements, as defined in section 5301.67 of the Revised Code, and	125852
to supervise and enforce the easements.	125853

(SS) For both of the purposes set forth in divisions (BB) and	125854
(KK) of this section. This division applies only to a county.	125855

(TT) For the maintenance and operation of a facility that is	125856
organized in whole or in part to promote the sciences and natural	125857
history under section 307.761 of the Revised Code.	125858

(UU) For the creation and operation of a county land	125859
reutilization corporation and for any programs or activities of	125860
the corporation found by the board of directors of the corporation	125861
to be consistent with the purposes for which the corporation is	125862
organized;	125863

(VV) For construction and maintenance of improvements and	125864
expenses of soil and water conservation district programs under	125865
Chapter 1515. of the Revised Code;	125866

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	125867
created under section 3335.35 of the Revised Code for the purposes	125868
prescribed under section 3335.36 of the Revised Code for the	125869
benefit of the citizens of a county. This division applies only to	125870
a county.	125871

(XX) For a municipal corporation that withdraws or proposes	125872
by resolution to withdraw from a regional transit authority under	125873
section 306.55 of the Revised Code to provide transportation	125874
services for the movement of persons within, from, or to the	125875
municipal corporation;	125876

(YY) For any combination of the purposes specified in	125877
divisions (NN), (VV), and (WW) of this section. This division	125878
applies only to a county.	125879

The resolution shall be confined to the purpose or purposes	125880
described in one division of this section, to which the revenue	125881
derived therefrom shall be applied. The existence in any other	125882
division of this section of authority to levy a tax for any part	125883
or all of the same purpose or purposes does not preclude the use	125884
of such revenues for any part of the purpose or purposes of the	125885
division under which the resolution is adopted.	125886

The resolution shall specify the amount of the increase in	125887
rate that it is necessary to levy, the purpose of that increase in	125888
rate, and the number of years during which the increase in rate	125889
shall be in effect, which may or may not include a levy upon the	125890
duplicate of the current year. The number of years may be any	125891
number not exceeding five, except as follows:	125892

(1) When the additional rate is for the payment of debt	125893
charges, the increased rate shall be for the life of the	125894
indebtedness.	125895

(2) When the additional rate is for any of the following, the	125896
increased rate shall be for a continuing period of time:	125897

(a) For the current expenses for a detention facility	125898
district, a district organized under section 2151.65 of the	125899
Revised Code, or a combined district organized under sections	125900
2151.65 and 2152.41 of the Revised Code;	125901

(b) For providing a county's share of the cost of maintaining	125902
and operating schools, district detention facilities, forestry	125903
camps, or other facilities, or any combination thereof,	125904
established under section 2151.65 or 2152.41 of the Revised Code	125905
or under both of those sections.	125906

(3) When the additional rate is for either of the following,	125907
the increased rate may be for a continuing period of time:	125908

(a) For the purposes set forth in division (I), (J), (U), or	125909
(KK) of this section;	125910

(b) For the maintenance and operation of a joint recreation	125911
district.	125912

(4) When the increase is for the purpose or purposes set	125913
forth in division (D), (G), (H), (CC), or (PP) of this section,	125914
the tax levy may be for any specified number of years or for a	125915
continuing period of time, as set forth in the resolution.	125916

(5) When the additional rate is for the purpose described in	125917
division (Z) of this section, the increased rate shall be for any	125918
number of years not exceeding ten.	125919

A levy for one of the purposes set forth in division (G),	125920
(I), (J), or (U) of this section may be reduced pursuant to	125921
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	125922
the purposes set forth in division (G), (I), (J), or (U) of this	125923
section may also be terminated or permanently reduced by the	125924
taxing authority if it adopts a resolution stating that the	125925
continuance of the levy is unnecessary and the levy shall be	125926
terminated or that the millage is excessive and the levy shall be	125927
decreased by a designated amount.	125928

A resolution of a detention facility district, a district	125929
organized under section 2151.65 of the Revised Code, or a combined	125930
district organized under both sections 2151.65 and 2152.41 of the	125931
Revised Code may include both current expenses and other purposes,	125932
provided that the resolution shall apportion the annual rate of	125933
levy between the current expenses and the other purpose or	125934
purposes. The apportionment need not be the same for each year of	125935
the levy, but the respective portions of the rate actually levied	125936
each year for the current expenses and the other purpose or	125937
purposes shall be limited by the apportionment.	125938

Whenever a board of county commissioners, acting either as	125939
the taxing authority of its county or as the taxing authority of a	125940
sewer district or subdistrict created under Chapter 6117. of the	125941
Revised Code, by resolution declares it necessary to levy a tax in	125942
excess of the ten-mill limitation for the purpose of constructing,	125943
improving, or extending sewage disposal plants or sewage systems,	125944
the tax may be in effect for any number of years not exceeding	125945
twenty, and the proceeds of the tax, notwithstanding the general	125946
provisions of this section, may be used to pay debt charges on any	125947
obligations issued and outstanding on behalf of the subdivision	125948
for the purposes enumerated in this paragraph, provided that any	125949
such obligations have been specifically described in the	125950
resolution.	125951

A resolution adopted by the legislative authority of a	125952
municipal corporation that is for the purpose in division (XX) of	125953
this section may be combined with the purpose provided in section	125954
306.55 of the Revised Code, by vote of two-thirds of all members	125955
of the legislative authority. The legislative authority may	125956
certify the resolution to the board of elections as a combined	125957
question. The question appearing on the ballot shall be as	125958
provided in section 5705.252 of the Revised Code.	125959

The resolution shall go into immediate effect upon its	125960
passage, and no publication of the resolution is necessary other	125961
than that provided for in the notice of election.	125962

When the electors of a subdivision or, in the case of a	125963
qualifying library levy for the support of a library association	125964
or private corporation, the electors of the association library	125965
district, have approved a tax levy under this section, the taxing	125966
authority of the subdivision may anticipate a fraction of the	125967
proceeds of the levy and issue anticipation notes in accordance	125968
with section 5705.191 or 5705.193 of the Revised Code.	125969

Sec. 5705.192. (A) For the purposes of this section only,	125970
"taxing authority" includes a township board of park commissioners	125971
appointed under section 511.18 of the Revised Code.	125972

(B) A taxing authority may propose to replace an existing	125973
levy that the taxing authority is authorized to levy, regardless	125974
of the section of the Revised Code under which the authority is	125975
granted, except a school district emergency levy proposed pursuant	125976
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	125977
authority may propose to replace the existing levy in its entirety	125978
at the rate at which it is authorized to be levied; may propose to	125979
replace a portion of the existing levy at a lesser rate; or may	125980
propose to replace the existing levy in its entirety and increase	125981
the rate at which it is levied. If the taxing authority proposes	125982
to replace an existing levy, the proposed levy shall be called a	125983
replacement levy and shall be so designated on the ballot. Except	125984
as otherwise provided in this division, a replacement levy shall	125985
be limited to the purpose of the existing levy, and shall appear	125986
separately on the ballot from, and shall not be conjoined with,	125987
the renewal of any other existing levy. In the case of an existing	125988
school district levy imposed under section 5705.21 of the Revised	125989
Code for the purpose specified in division (F) of section 5705.19	125990
of the Revised Code, or in the case of an existing school district	125991
levy imposed under section 5705.217 of the Revised Code for the	125992
acquisition, construction, enlargement, renovation, and financing	125993
of permanent improvements, the replacement for that existing levy	125994
may be for the same purpose or for the purpose of general	125995
permanent improvements as defined in section 5705.21 of the	125996
Revised Code.	125997

The resolution proposing a replacement levy shall specify the	125998
purpose of the levy; its proposed rate expressed in mills; whether	125999
the proposed rate is the same as the rate of the existing levy, a	126000
reduction, or an increase; the extent of any reduction or increase	126001
expressed in mills; the first calendar year in which the levy will	126002
be due; and the term of the levy, expressed in years or, if	126003
applicable, that it will be levied for a continuing period of	126004
time.	126005

The sections of the Revised Code governing the maximum rate	126006
and term of the existing levy, the contents of the resolution that	126007
proposed the levy, the adoption of the resolution, the	126008
arrangements for the submission of the question of the levy, and	126009
notice of the election also govern the respective provisions of	126010
the proposal to replace the existing levy, except as provided in	126011
divisions (B)(1) to (3) of this section:	126012

(1) In the case of an existing school district levy that is	126013
imposed under section 5705.21 of the Revised Code for the purpose	126014
specified in division (F) of section 5705.19 of the Revised Code	126015
or under section 5705.217 of the Revised Code for the acquisition,	126016
construction, enlargement, renovation, and financing of permanent	126017
improvements, and that is to be replaced by a levy for general	126018
permanent improvements, the maximum term of the replacement levy	126019
is not limited to the term of the existing levy and may be for a	126020
continuing period of time.	126021

(2) The date on which the election is held shall be as	126022
follows:	126023

(a) For the replacement of a levy with a fixed term of years,	126024
the date of the general election held during the last year the	126025
existing levy may be extended on the real and public utility	126026
property tax list and duplicate, or the date of any election held	126027
in the ensuing year;	126028

(b) For the replacement of a levy imposed for a continuing	126029
period of time, the date of any election held in any year after	126030
the year the levy to be replaced is first approved by the	126031
electors, except that only one election on the question of	126032
replacing the levy may be held during any calendar year.	126033

The failure by the electors to approve a proposal to replace	126034
a levy imposed for a continuing period of time does not terminate	126035
the existing continuing levy.	126036

(3) In the case of an existing school district levy imposed	126037
under division (B) of section 5705.21, division (C) of section	126038
5705.212, or division (J) of section 5705.218 of the Revised Code,	126039
the rates allocated to the municipal school district and to	126040
partnering community schools each may be increased or decreased or	126041
remain the same, and the total rate may be increased, decreased,	126042
or remain the same.	126043

(C) The form of the ballot at the election on the question of	126044
a replacement levy shall be as follows:	126045

"A replacement of a tax for the benefit of .......... (name	126046
of subdivision or public library) for the purpose of ..........	126047
(the purpose stated in the resolution) at a rate not exceeding	126048
.......... mills for each one dollar of valuation, which amounts	126049
to .......... (rate expressed in dollars and cents) for each one	126050
hundred dollars in valuation, for .......... (number of years levy	126051
is to run, or that it will be levied for a continuous period of	126052
time)	126053

126054

		FOR THE TAX LEVY			126055
		AGAINST THE TAX LEVY	"		126056

126057

If the replacement levy is proposed by a municipal school	126058
district to replace an existing tax levied under division (B) of	126059
section 5705.21, division (C)(1) of section 5705.212, or division	126060
(J) of section 5705.218 of the Revised Code, the form of the	126061
ballot shall be modified by adding, after the phrase "each one	126062
dollar of valuation," the following: "(of which ...... mills is to	126063
be allocated to partnering community schools)."	126064

If the proposal is to replace an existing levy and increase	126065
the rate of the existing levy, the form of the ballot shall be	126066
changed by adding the words ".......... mills of an existing levy	126067
and an increase of .......... mills, to constitute" after the	126068
words "a replacement of." If the proposal is to replace only a	126069
portion of an existing levy, the form of the ballot shall be	126070
changed by adding the words "a portion of an existing levy, being	126071
a reduction of .......... mills, to constitute" after the words "a	126072
replacement of." If the existing levy is imposed under division	126073
(B) of section 5705.21, division (C)(1) of section 5705.212, or	126074
division (J) of section 5705.218 of the Revised Code, the form of	126075
the ballot also shall state the portion of the total increased	126076
rate or of the total rate as reduced that is to be allocated to	126077
partnering community schools.	126078

If the tax is to be placed on the tax list of the current tax	126079
year, the form of the ballot shall be modified by adding at the	126080
end of the form the phrase ", commencing in .......... (first year	126081
the replacement tax is to be levied), first due in calendar year	126082
.......... (first calendar year in which the tax shall be due)."	126083

The question covered by the resolution shall be submitted as	126084
a separate proposition, but may be printed on the same ballot with	126085
any other proposition submitted at the same election, other than	126086
the election of officers. More than one such question may be	126087
submitted at the same election.	126088

(D) Two existing levies, or any portion of those levies, may	126089
be combined into one replacement levy, so long as both of the	126090
existing levies are for the same purpose and either both are due	126091
to expire the same year or both are for a continuing period of	126092
time. The question of combining all or portions of the two	126093
existing levies into the replacement levy shall appear as one	126094
ballot proposition before the electors. If the electors approve	126095
the ballot proposition, all or the stated portions of the two	126096
existing levies are replaced by one replacement levy.	126097

(E) A levy approved in excess of the ten-mill limitation	126098
under this section shall be certified to the tax commissioner. In	126099
the first year of a levy approved under this section, the levy	126100
shall be extended on the tax lists after the February settlement	126101
succeeding the election at which the levy was approved. If the	126102
levy is to be placed on the tax lists of the current year, as	126103
specified in the resolution providing for its submission, the	126104
result of the election shall be certified immediately after the	126105
canvass by the board of elections to the taxing authority, which	126106
shall forthwith make the necessary levy and certify it to the	126107
county auditor, who shall extend it on the tax lists for	126108
collection. After the first year, the levy shall be included in	126109
the annual tax budget that is certified to the county budget	126110
commission.	126111

If notes are authorized to be issued in anticipation of the	126112
proceeds of the existing levy, notes may be issued in anticipation	126113
of the proceeds of the replacement levy, and such issuance is	126114
subject to the terms and limitations governing the issuance of	126115
notes in anticipation of the proceeds of the existing levy.	126116

(F) This section does not authorize a tax to be levied in any	126117
year after the year in which revenue is not needed for the purpose	126118
for which the tax is levied.	126119

Sec. 5705.21. (A) At any time, the board of education of any	126120
city, local, exempted village, cooperative education, or joint	126121
vocational school district, by a vote of two-thirds of all its	126122
members, may declare by resolution that the amount of taxes which	126123
may be raised within the ten-mill limitation by levies on the	126124
current tax duplicate will be insufficient to provide an adequate	126125
amount for the necessary requirements of the school district, that	126126
it is necessary to levy a tax in excess of such limitation for one	126127
of the purposes specified in division (A), (D), (F), (H), or (DD)	126128
of section 5705.19 of the Revised Code, for general permanent	126129
improvements, for the purpose of operating a cultural center, for	126130
the purpose of providing for school safety and security, or for	126131
the purpose of providing education technology, and that the	126132
question of such additional tax levy shall be submitted to the	126133
electors of the school district at a special election on a day to	126134
be specified in the resolution. In the case of a qualifying	126135
library levy for the support of a library association or private	126136
corporation, the question shall be submitted to the electors of	126137
the association library district. If the resolution states that	126138
the levy is for the purpose of operating a cultural center, the	126139
ballot shall state that the levy is "for the purpose of operating	126140
the .......... (name of cultural center)."	126141

As used in this division, "cultural center" means a	126142
freestanding building, separate from a public school building,	126143
that is open to the public for educational, musical, artistic, and	126144
cultural purposes; "education technology" means, but is not	126145
limited to, computer hardware, equipment, materials, and	126146
accessories, equipment used for two-way audio or video, and	126147
software; and "general permanent improvements" means permanent	126148
improvements without regard to the limitation of division (F) of	126149
section 5705.19 of the Revised Code that the improvements be a	126150
specific improvement or a class of improvements that may be	126151
included in a single bond issue.	126152

A resolution adopted under this division shall be confined to	126153
a single purpose and shall specify the amount of the increase in	126154
rate that it is necessary to levy, the purpose of the levy, and	126155
the number of years during which the increase in rate shall be in	126156
effect. The number of years may be any number not exceeding five	126157
or, if the levy is for current expenses of the district or for	126158
general permanent improvements, for a continuing period of time.	126159

(B)(1) The board of education of a municipal school district,	126160
by resolution, may declare that it is necessary to levy a tax in	126161
excess of the ten-mill limitation for the purpose of paying the	126162
current expenses of the district and of partnering community	126163
schools and that the question of the additional tax levy shall be	126164
submitted to the electors of the school district at a special	126165
election on a day to be specified in the resolution. The	126166
resolution shall state the purpose of the levy, the rate of the	126167
tax expressed in mills per dollar of taxable value, the number of	126168
such mills to be levied for the current expenses of the partnering	126169
community schools and the number of such mills to be levied for	126170
the current expenses of the school district, the number of years	126171
the tax will be levied, and the first year the tax will be levied.	126172
The number of years the tax may be levied may be any number not	126173
exceeding ten years, or for a continuing period of time.	126174

The levy of a tax for the current expenses of a partnering	126175
community school under this section and the distribution of	126176
proceeds from the tax by a municipal school district to partnering	126177
community schools is hereby determined to be a proper public	126178
purpose.	126179

(2) The form of the ballot at an election held pursuant to	126180
division (B) of this section shall be as follows:	126181

"Shall a levy be imposed by the ......... (insert the name of	126182
the municipal school district) for the purpose of current expenses	126183
of the school district and of partnering community schools at a	126184
rate not exceeding ...... (insert the number of mills) mills for	126185
each one dollar of valuation (of which ...... (insert the number	126186
of mills to be allocated to partnering community schools) mills is	126187
to be allocated to partnering community schools), which amounts to	126188
....... (insert the rate expressed in dollars and cents) for each	126189
one hundred dollars of valuation, for ...... (insert the number of	126190
years the levy is to be imposed, or that it will be levied for a	126191
continuing period of time), beginning ...... (insert first year	126192
the tax is to be levied), which will first be payable in calendar	126193
year ...... (insert the first calendar year in which the tax would	126194
be payable)?	126195

		FOR THE TAX LEVY			126196
		AGAINST THE TAX LEVY	"		126197

(3) Upon each receipt of a tax distribution by the municipal	126198
school district, the board of education shall credit the portion	126199
allocated to partnering community schools to the partnering	126200
community schools fund. All income from the investment of money in	126201
the partnering community schools fund shall be credited to that	126202
fund.	126203

Not more than forty-five days after the municipal school	126204
district receives and deposits each tax distribution, the board of	126205
education shall distribute the partnering community schools amount	126206
among the then qualifying community schools. From each tax	126207
distribution, each such partnering community school shall receive	126208
a portion of the partnering community schools amount in the	126209
proportion that the number of its resident students bears to the	126210
aggregate number of resident students of all such partnering	126211
community schools as of the date of receipt and deposit of the tax	126212
distribution. For the purposes of this division, the number of	126213
resident students shall be the number of such students reported	126214
under section 3317.03 of the Revised Code and established by the	126215
department of education as of the date of receipt and deposit of	126216
the tax distribution.	126217

(4) To the extent an agreement whereby the municipal school	126218
district and a community school endorse each other's programs is	126219
necessary for the community school to qualify as a partnering	126220
community school under division (B)(6)(b) of this section, the	126221
board of education of the school district shall certify to the	126222
department of education the agreement along with the determination	126223
that such agreement satisfies the requirements of that division.	126224
The board's determination is conclusive.	126225

(5) For the purposes of Chapter 3317. of the Revised Code or	126226
other laws referring to the "taxes charged and payable" for a	126227
school district, the taxes charged and payable for a municipal	126228
school district that levies a tax under division (B) of this	126229
section includes only the taxes charged and payable under that	126230
levy for the current expenses of the school district, and does not	126231
include the taxes charged and payable for the current expenses of	126232
partnering community schools. The taxes charged and payable for	126233
the current expenses of partnering community schools shall not	126234
affect the calculation of "state education aid" as defined in	126235
section 5751.20 of the Revised Code.	126236

(6) As used in division (B) of this section:

126237

(a) "Municipal school district" has the same meaning as in	126238
section 3311.71 of the Revised Code.	126239

(b) "Partnering community school" means a community school	126240
established under Chapter 3314. of the Revised Code that is	126241
located within the territory of the municipal school district and	126242
that either is sponsored by the district or is a party to an	126243
agreement with the district whereby the district and the community	126244
school endorse each other's programs.	126245

(c) "Partnering community schools amount" means the product	126246
obtained, as of the receipt and deposit of the tax distribution,	126247
by multiplying the amount of a tax distribution by a fraction, the	126248
numerator of which is the number of mills per dollar of taxable	126249
value of the property tax to be allocated to partnering community	126250
schools, and the denominator of which is the total number of mills	126251
per dollar of taxable value authorized by the electors in the	126252
election held under division (B) of this section, each as set	126253
forth in the resolution levying the tax.	126254

(d) "Partnering community schools fund" means a separate fund	126255
established by the board of education of a municipal school	126256
district for the deposit of partnering community school amounts	126257
under this section.	126258

(e) "Resident student" means a student enrolled in a	126259
partnering community school who is entitled to attend school in	126260
the municipal school district under section 3313.64 or 3313.65 of	126261
the Revised Code.	126262

(f) "Tax distribution" means a distribution of proceeds of	126263
the tax authorized by division (B) of this section under section	126264
321.24 of the Revised Code and distributions that are attributable	126265
to that tax under sections 323.156 and 4503.068 of the Revised	126266
Code or other applicable law.	126267

(C) A resolution adopted under this section shall specify the	126268
date of holding the election, which shall not be earlier than	126269
ninety days after the adoption and certification of the resolution	126270
and which shall be consistent with the requirements of section	126271
3501.01 of the Revised Code.	126272

A resolution adopted under this section may propose to renew	126273
one or more existing levies imposed under division (A) or (B) of	126274
this section or to increase or decrease a single levy imposed	126275
under either such division.	126276

If the board of education imposes one or more existing levies	126277
for the purpose specified in division (F) of section 5705.19 of	126278
the Revised Code, the resolution may propose to renew one or more	126279
of those existing levies, or to increase or decrease a single such	126280
existing levy, for the purpose of general permanent improvements.	126281

If the resolution proposes to renew two or more existing	126282
levies, the levies shall be levied for the same purpose. The	126283
resolution shall identify those levies and the rates at which they	126284
are levied. The resolution also shall specify that the existing	126285
levies shall not be extended on the tax lists after the year	126286
preceding the year in which the renewal levy is first imposed,	126287
regardless of the years for which those levies originally were	126288
authorized to be levied.	126289

If the resolution proposes to renew an existing levy imposed	126290
under division (B) of this section, the rates allocated to the	126291
municipal school district and to partnering community schools each	126292
may be increased or decreased or remain the same, and the total	126293
rate may be increased, decreased, or remain the same. The	126294
resolution and notice of election shall specify the number of the	126295
mills to be levied for the current expenses of the partnering	126296
community schools and the number of the mills to be levied for the	126297
current expenses of the municipal school district.	126298

A resolution adopted under this section shall go into	126299
immediate effect upon its passage, and no publication of the	126300
resolution shall be necessary other than that provided for in the	126301
notice of election. A copy of the resolution shall immediately	126302
after its passing be certified to the board of elections of the	126303
proper county in the manner provided by section 5705.25 of the	126304
Revised Code. That section shall govern the arrangements for the	126305
submission of such question and other matters concerning the	126306
election to which that section refers, including publication of	126307
notice of the election, except that the election shall be held on	126308
the date specified in the resolution. In the case of a resolution	126309
adopted under division (B) of this section, the publication of	126310
notice of that election shall state the number of the mills to be	126311
levied for the current expenses of partnering community schools	126312
and the number of the mills to be levied for the current expenses	126313
of the municipal school district. If a majority of the electors	126314
voting on the question so submitted in an election vote in favor	126315
of the levy, the board of education may make the necessary levy	126316
within the school district or, in the case of a qualifying library	126317
levy for the support of a library association or private	126318
corporation, within the association library district, at the	126319
additional rate, or at any lesser rate in excess of the ten-mill	126320
limitation on the tax list, for the purpose stated in the	126321
resolution. A levy for a continuing period of time may be reduced	126322
pursuant to section 5705.261 of the Revised Code. The tax levy	126323
shall be included in the next tax budget that is certified to the	126324
county budget commission.	126325

(D)(1) After the approval of a levy on the current tax list	126326
and duplicate for current expenses, for recreational purposes, for	126327
community centers provided for in section 755.16 of the Revised	126328
Code, or for a public library of the district under division (A)	126329
of this section, and prior to the time when the first tax	126330
collection from the levy can be made, the board of education may	126331
anticipate a fraction of the proceeds of the levy and issue	126332
anticipation notes in a principal amount not exceeding fifty per	126333
cent of the total estimated proceeds of the levy to be collected	126334
during the first year of the levy.	126335

(2) After the approval of a levy for general permanent	126336
improvements for a specified number of years or for permanent	126337
improvements having the purpose specified in division (F) of	126338
section 5705.19 of the Revised Code, the board of education may	126339
anticipate a fraction of the proceeds of the levy and issue	126340
anticipation notes in a principal amount not exceeding fifty per	126341
cent of the total estimated proceeds of the levy remaining to be	126342
collected in each year over a period of five years after the	126343
issuance of the notes.	126344

The notes shall be issued as provided in section 133.24 of	126345
the Revised Code, shall have principal payments during each year	126346
after the year of their issuance over a period not to exceed five	126347
years, and may have a principal payment in the year of their	126348
issuance.	126349

(3) After approval of a levy for general permanent	126350
improvements for a continuing period of time, the board of	126351
education may anticipate a fraction of the proceeds of the levy	126352
and issue anticipation notes in a principal amount not exceeding	126353
fifty per cent of the total estimated proceeds of the levy to be	126354
collected in each year over a specified period of years, not	126355
exceeding ten, after the issuance of the notes.	126356

The notes shall be issued as provided in section 133.24 of	126357
the Revised Code, shall have principal payments during each year	126358
after the year of their issuance over a period not to exceed ten	126359
years, and may have a principal payment in the year of their	126360
issuance.	126361

(4) After the approval of a levy on the current tax list and	126362
duplicate under division (B) of this section, and prior to the	126363
time when the first tax collection from the levy can be made, the	126364
board of education may anticipate a fraction of the proceeds of	126365
the levy for the current expenses of the school district and issue	126366
anticipation notes in a principal amount not exceeding fifty per	126367
cent of the estimated proceeds of the levy to be collected during	126368
the first year of the levy and allocated to the school district.	126369
The portion of the levy proceeds to be allocated to partnering	126370
community schools under that division shall not be included in the	126371
estimated proceeds anticipated under this division and shall not	126372
be used to pay debt charges on any anticipation notes.	126373

The notes shall be issued as provided in section 133.24 of	126374
the Revised Code, shall have principal payments during each year	126375
after the year of their issuance over a period not to exceed five	126376
years, and may have a principal payment in the year of their	126377
issuance.	126378

(E) The submission of questions to the electors under this	126379
section is subject to the limitation on the number of election	126380
dates established by section 5705.214 of the Revised Code.	126381

Sec. 5705.217. (A) The board of education of a city, local,	126382
or exempted village school district, at any time by a vote of	126383
two-thirds of all its members, may declare by resolution that the	126384
amount of taxes that can be raised within the ten-mill limitation	126385
will be insufficient to provide an adequate amount for the present	126386
and future requirements of the school district; that it is	126387
necessary to levy an additional tax in excess of that limitation	126388
for the purposes of providing funds for current operating expenses	126389
and for ~~the acquisition, construction, enlargement, renovation,~~	126390
~~and financing of~~general permanent improvements as defined in	126391
section 5705.21 of the Revised Code; and that the question of the	126392
tax shall be submitted to the electors of the district at a	126393
special election. The tax may be levied for a specified number of	126394
years not exceeding five or~~, if the tax is for current operating~~	126395
~~expenses or for general, on-going permanent improvements,~~ for a	126396
continuing period of time. The resolution shall specify the	126397
proposed tax rate, the first year the tax will be levied, and the	126398
number of years it will be levied, or that it will be levied for a	126399
continuing period of time. The resolution shall apportion the	126400
annual rate of the tax between current operating expenses and	126401
permanent improvements. The apportionment may but need not be the	126402
same for each year of the tax, but the respective portions of the	126403
rate actually levied each year for current operating expenses and	126404
permanent improvements shall be limited by the apportionment.	126405

The resolution shall specify the date of holding the special	126406
election, which shall not be earlier than ninety days after	126407
certification of the resolution to the board of elections and	126408
shall be consistent with the requirements of section 3501.01 of	126409
the Revised Code. The resolution shall go into immediate effect	126410
upon its passage, and no publication of it is necessary other than	126411
that provided in the notice of election. The board of education	126412
shall certify a copy of the resolution to the board of elections	126413
immediately after its adoption. Section 5705.25 of the Revised	126414
Code governs the arrangements and form of the ballot for the	126415
submission of the question to the electors.	126416

If a majority of the electors voting on the question vote in	126417
favor of the tax, the board of education may make the levy at the	126418
additional rate, or at any lesser rate in excess of the ten-mill	126419
limitation. If the tax is for a continuing period of time, it may	126420
be decreased in accordance with section 5705.261 of the Revised	126421
Code.	126422

A board of education may adopt a resolution to renew one or	126423
more existing levies imposed under this section, or to increase or	126424
decrease the rate of a tax levied under this section, for the	126425
purpose of providing funds for either current expenses and general	126426
permanent improvements or solely for general permanent	126427
improvements.	126428

(B)(1) After the approval of a tax for current operating	126429
expenses under this section and prior to the time the first	126430
collection and distribution from the levy can be made, the board	126431
of education may anticipate a fraction of the proceeds of such	126432
levy and issue anticipation notes in a principal amount not	126433
exceeding fifty per cent of the total estimated proceeds of the	126434
tax to be collected during the first year of the levy.	126435

(2) After the approval of a tax ~~under this section~~ for	126436
general permanent improvements ~~having a specific purpose~~levied	126437
under this section for a specified number of years, the board of	126438
education may anticipate a fraction of the proceeds of such tax	126439
and issue anticipation notes in a principal amount not exceeding	126440
fifty per cent of the total estimated proceeds of the tax	126441
remaining to be collected in each year over a specified period of	126442
~~five~~ years, not exceeding the number of years for which the tax	126443
was levied, after issuance of the notes.	126444

(3) After the approval of a tax for general~~, on-going~~	126445
permanent improvements levied under this section for a continuing	126446
period of time, the board of education may anticipate a fraction	126447
of the proceeds of such tax and issue anticipation notes in a	126448
principal amount not exceeding fifty per cent of the total	126449
estimated proceeds of the tax to be collected in each year over a	126450
specified period of years, not exceeding ten, after issuance of	126451
the notes.	126452

Anticipation notes under this section shall be issued as	126453
provided in section 133.24 of the Revised Code. Notes issued under	126454
division (B)(1) or (2) of this section shall have principal	126455
payments during each year after the year of their issuance over a	126456
period not to exceed five years, and may have a principal payment	126457
in the year of their issuance. Notes issued under division (B)(3)	126458
of this section shall have principal payments during each year	126459
after the year of their issuance over a period not to exceed ten	126460
years, and may have a principal payment in the year of their	126461
issuance.	126462

(C) The submission of a question to the electors under this	126463
section is subject to the limitation on the number of elections	126464
that can be held in a year under section 5705.214 of the Revised	126465
Code.	126466

Sec. 5705.218. (A) The board of education of a city, local,	126467
or exempted village school district, at any time by a vote of	126468
two-thirds of all its members, may declare by resolution that it	126469
may be necessary for the school district to issue general	126470
obligation bonds for permanent improvements. The resolution shall	126471
state all of the following:	126472

(1) The necessity and purpose of the bond issue;

126473

(2) The date of the special election at which the question	126474
shall be submitted to the electors;	126475

(3) The amount, approximate date, estimated rate of interest,	126476
and maximum number of years over which the principal of the bonds	126477
may be paid;	126478

(4) The necessity of levying a tax outside the ten-mill	126479
limitation to pay debt charges on the bonds and any anticipatory	126480
securities.	126481

On adoption of the resolution, the board shall certify a copy	126482
of it to the county auditor. The county auditor promptly shall	126483
estimate and certify to the board the average annual property tax	126484
rate required throughout the stated maturity of the bonds to pay	126485
debt charges on the bonds, in the same manner as under division	126486
(C) of section 133.18 of the Revised Code.	126487

(B) After receiving the county auditor's certification under	126488
division (A) of this section, the board of education of the city,	126489
local, or exempted village school district, by a vote of	126490
two-thirds of all its members, may declare by resolution that the	126491
amount of taxes that can be raised within the ten-mill limitation	126492
will be insufficient to provide an adequate amount for the present	126493
and future requirements of the school district; that it is	126494
necessary to issue general obligation bonds of the school district	126495
for permanent improvements and to levy an additional tax in excess	126496
of the ten-mill limitation to pay debt charges on the bonds and	126497
any anticipatory securities; that it is necessary for a specified	126498
number of years or for a continuing period of time to levy	126499
additional taxes in excess of the ten-mill limitation to provide	126500
funds for the acquisition, construction, enlargement, renovation,	126501
and financing of permanent improvements or to pay for current	126502
operating expenses, or both; and that the question of the bonds	126503
and taxes shall be submitted to the electors of the school	126504
district at a special election, which shall not be earlier than	126505
ninety days after certification of the resolution to the board of	126506
elections, and the date of which shall be consistent with section	126507
3501.01 of the Revised Code. The resolution shall specify all of	126508
the following:	126509

(1) The county auditor's estimate of the average annual	126510
property tax rate required throughout the stated maturity of the	126511
bonds to pay debt charges on the bonds;	126512

(2) The proposed rate of the tax, if any, for current	126513
operating expenses, the first year the tax will be levied, and the	126514
number of years it will be levied, or that it will be levied for a	126515
continuing period of time;	126516

(3) The proposed rate of the tax, if any, for permanent	126517
improvements, the first year the tax will be levied, and the	126518
number of years it will be levied, or that it will be levied for a	126519
continuing period of time.	126520

The resolution shall apportion the annual rate of the tax	126521
between current operating expenses and permanent improvements, if	126522
both taxes are proposed. The apportionment may but need not be the	126523
same for each year of the tax, but the respective portions of the	126524
rate actually levied each year for current operating expenses and	126525
permanent improvements shall be limited by the apportionment. The	126526
resolution shall go into immediate effect upon its passage, and no	126527
publication of it is necessary other than that provided in the	126528
notice of election. The board of education shall certify a copy of	126529
the resolution, along with copies of the auditor's estimate and	126530
its resolution under division (A) of this section, to the board of	126531
elections immediately after its adoption.	126532

(C) The board of elections shall make the arrangements for	126533
the submission to the electors of the school district of the	126534
question proposed under division (B) or (J) of this section, and	126535
the election shall be conducted, canvassed, and certified in the	126536
same manner as regular elections in the district for the election	126537
of county officers. The resolution shall be put before the	126538
electors as one ballot question, with a favorable vote indicating	126539
approval of the bond issue, the levy to pay debt charges on the	126540
bonds and any anticipatory securities, the current operating	126541
expenses levy, the permanent improvements levy, and the levy for	126542
the current expenses of a municipal school district and of	126543
partnering community schools, as those levies may be proposed. The	126544
board of elections shall publish notice of the election in a	126545
newspaper of general circulation in the school district once a	126546
week for two consecutive weeks, or as provided in section 7.16 of	126547
the Revised Code, prior to the election. If a board of elections	126548
operates and maintains a web site, that board also shall post	126549
notice of the election on its web site for thirty days prior to	126550
the election. The notice of election shall state all of the	126551
following:	126552

(1) The principal amount of the proposed bond issue;

126553

(2) The permanent improvements for which the bonds are to be	126554
issued;	126555

(3) The maximum number of years over which the principal of	126556
the bonds may be paid;	126557

(4) The estimated additional average annual property tax rate	126558
to pay the debt charges on the bonds, as certified by the county	126559
auditor;	126560

(5) The proposed rate of the additional tax, if any, for	126561
current operating expenses and, if the question is proposed under	126562
division (J) of this section, the portion of the rate to be	126563
allocated to the school district and the portion to be allocated	126564
to partnering community schools;	126565

(6) The number of years the current operating expenses tax	126566
will be in effect, or that it will be in effect for a continuing	126567
period of time;	126568

(7) The proposed rate of the additional tax, if any, for	126569
permanent improvements;	126570

(8) The number of years the permanent improvements tax will	126571
be in effect, or that it will be in effect for a continuing period	126572
of time;	126573

(9) The time and place of the special election.

126574

(D) The form of the ballot for an election under this section	126575
is as follows:	126576

"Shall the .......... school district be authorized to do the	126577
following:	126578

(1) Issue bonds for the purpose of .......... in the	126579
principal amount of $......, to be repaid annually over a maximum	126580
period of ...... years, and levy a property tax outside the	126581
ten-mill limitation, estimated by the county auditor to average	126582
over the bond repayment period ...... mills for each one dollar of	126583
tax valuation, which amounts to ...... (rate expressed in cents or	126584
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	126585
tax valuation, to pay the annual debt charges on the bonds, and to	126586
pay debt charges on any notes issued in anticipation of those	126587
bonds?"	126588

If either a levy for permanent improvements or a levy for	126589
current operating expenses is proposed, or both are proposed, the	126590
ballot also shall contain the following language, as appropriate:	126591

"(2) Levy an additional property tax to provide funds for the	126592
acquisition, construction, enlargement, renovation, and financing	126593
of permanent improvements at a rate not exceeding ....... mills	126594
for each one dollar of tax valuation, which amounts to .......	126595
(rate expressed in cents or dollars and cents) for each $100 of	126596
tax valuation, for ...... (number of years of the levy, or a	126597
continuing period of time)?	126598

(3) Levy an additional property tax to pay current operating	126599
expenses at a rate not exceeding ....... mills for each one dollar	126600
of tax valuation, which amounts to ....... (rate expressed in	126601
cents or dollars and cents) for each $100 of tax valuation, for	126602
....... (number of years of the levy, or a continuing period of	126603
time)?	126604

126605

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			126606
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		126607

126608

If the question is proposed under division (J) of this	126609
section, the form of the ballot shall be modified as prescribed by	126610
division (J)(4) of this section.	126611

(E) The board of elections promptly shall certify the results	126612
of the election to the tax commissioner and the county auditor of	126613
the county in which the school district is located. If a majority	126614
of the electors voting on the question vote for it, the board of	126615
education may proceed with issuance of the bonds and with the levy	126616
and collection of the property tax or taxes at the additional rate	126617
or any lesser rate in excess of the ten-mill limitation. Any	126618
securities issued by the board of education under this section are	126619
Chapter 133. securities, as that term is defined in section 133.01	126620
of the Revised Code.	126621

(F)(1) After the approval of a tax for current operating	126622
expenses under this section and prior to the time the first	126623
collection and distribution from the levy can be made, the board	126624
of education may anticipate a fraction of the proceeds of such	126625
levy and issue anticipation notes in a principal amount not	126626
exceeding fifty per cent of the total estimated proceeds of the	126627
tax to be collected during the first year of the levy.	126628

(2) After the approval of a tax under this section for	126629
permanent improvements having a specific purpose, the board of	126630
education may anticipate a fraction of the proceeds of such tax	126631
and issue anticipation notes in a principal amount not exceeding	126632
fifty per cent of the total estimated proceeds of the tax	126633
remaining to be collected in each year over a period of five years	126634
after issuance of the notes.	126635

(3) After the approval of a tax under this section for	126636
general~~, on-going~~ permanent improvements as defined under ~~this~~	126637
section 5705.21 of the Revised Code, the board of education may	126638
anticipate a fraction of the proceeds of such tax and issue	126639
anticipation notes in a principal amount not exceeding fifty per	126640
cent of the total estimated proceeds of the tax to be collected in	126641
each year over a specified period of years, not exceeding ten,	126642
after issuance of the notes.	126643

Anticipation notes under this section shall be issued as	126644
provided in section 133.24 of the Revised Code. Notes issued under	126645
division (F)(1) or (2) of this section shall have principal	126646
payments during each year after the year of their issuance over a	126647
period not to exceed five years, and may have a principal payment	126648
in the year of their issuance. Notes issued under division (F)(3)	126649
of this section shall have principal payments during each year	126650
after the year of their issuance over a period not to exceed ten	126651
years, and may have a principal payment in the year of their	126652
issuance.	126653

(G) A tax for current operating expenses or for permanent	126654
improvements levied under this section for a specified number of	126655
years may be renewed or replaced in the same manner as a tax for	126656
current operating expenses or for permanent improvements levied	126657
under section 5705.21 of the Revised Code. A tax for current	126658
operating expenses or for permanent improvements levied under this	126659
section for a continuing period of time may be decreased in	126660
accordance with section 5705.261 of the Revised Code.	126661

(H) The submission of a question to the electors under this	126662
section is subject to the limitation on the number of elections	126663
that can be held in a year under section 5705.214 of the Revised	126664
Code.	126665

(I) A school district board of education proposing a ballot	126666
measure under this section to generate local resources for a	126667
project under the school building assistance expedited local	126668
partnership program under section 3318.36 of the Revised Code may	126669
combine the questions under division (D) of this section with a	126670
question for the levy of a property tax to generate moneys for	126671
maintenance of the classroom facilities acquired under that	126672
project as prescribed in section 3318.361 of the Revised Code.	126673

(J)(1) After receiving the county auditor's certification	126674
under division (A) of this section, the board of education of a	126675
municipal school district, by a vote of two-thirds of all its	126676
members, may declare by resolution that it is necessary to levy a	126677
tax in excess of the ten-mill limitation for the purpose of paying	126678
the current expenses of the school district and of partnering	126679
community schools, as defined in section 5705.21 of the Revised	126680
Code; that it is necessary to issue general obligation bonds of	126681
the school district for permanent improvements of the district and	126682
to levy an additional tax in excess of the ten-mill limitation to	126683
pay debt charges on the bonds and any anticipatory securities; and	126684
that the question of the bonds and taxes shall be submitted to the	126685
electors of the school district at a special election, which shall	126686
not be earlier than ninety days after certification of the	126687
resolution to the board of elections, and the date of which shall	126688
be consistent with section 3505.01 of the Revised Code.	126689

The levy of taxes for the current expenses of a partnering	126690
community school under division (J) of this section and the	126691
distribution of proceeds from the tax by a municipal school	126692
district to partnering community schools is hereby determined to	126693
be a proper public purpose.	126694

(2) The tax for the current expenses of the school district	126695
and of partnering community schools is subject to the requirements	126696
of divisions (B)(3), (4), and (5) of section 5705.21 of the	126697
Revised Code.	126698

(3) In addition to the required specifications of the	126699
resolution under division (B) of this section, the resolution	126700
shall express the rate of the tax in mills per dollar of taxable	126701
value, state the number of the mills to be levied for the current	126702
expenses of the partnering community schools and the number of the	126703
mills to be levied for the current expenses of the school	126704
district, specify the number of years (not exceeding ten) the tax	126705
will be levied or that it will be levied for a continuing period	126706
of time, and state the first year the tax will be levied.	126707

The resolution shall go into immediate effect upon its	126708
passage, and no publication of it is necessary other than that	126709
provided in the notice of election. The board of education shall	126710
certify a copy of the resolution, along with copies of the	126711
auditor's estimate and its resolution under division (A) of this	126712
section, to the board of elections immediately after its adoption.	126713

(4) The form of the ballot shall be modified by replacing the	126714
ballot form set forth in division (D)(3) of this section with the	126715
following:	126716

"Levy an additional property tax for the purpose of the	126717
current expenses of the school district and of partnering	126718
community schools at a rate not exceeding ...... (insert the	126719
number of mills) mills for each one dollar of valuation (of which	126720
...... (insert the number of mills to be allocated to partnering	126721
community schools) mills is to be allocated to partnering	126722
community schools), which amounts to ...... (insert the rate	126723
expressed in dollars and cents) for each one hundred dollars of	126724
valuation, for ...... (insert the number of years the levy is to	126725
be imposed, or that it will be levied for a continuing period of	126726
time)?	126727

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			126728
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		126729

(5) After the approval of a tax for the current expenses of	126730
the school district and of partnering community schools under	126731
division (J) of this section, and prior to the time the first	126732
collection and distribution from the levy can be made, the board	126733
of education may anticipate a fraction of the proceeds of the levy	126734
for the current expenses of the school district and issue	126735
anticipation notes in a principal amount not exceeding fifty per	126736
cent of the estimated proceeds of the levy to be collected during	126737
the first year of the levy and allocated to the school district.	126738
The portion of levy proceeds to be allocated to partnering	126739
community schools shall not be included in the estimated proceeds	126740
anticipated under this division and shall not be used to pay debt	126741
charges on any anticipation notes.	126742

The notes shall be issued as provided in section 133.24 of	126743
the Revised Code, shall have principal payments during each year	126744
after the year of their issuance over a period not to exceed five	126745
years, and may have a principal payment in the year of their	126746
issuance.	126747

(6) A tax for the current expenses of the school district and	126748
of partnering community schools levied under division (J) of this	126749
section for a specified number of years may be renewed or replaced	126750
in the same manner as a tax for the current expenses of a school	126751
district and of partnering community schools levied under division	126752
(B) of section 5705.21 of the Revised Code. A tax for the current	126753
expenses of the school district and of partnering community	126754
schools levied under this division for a continuing period of time	126755
may be decreased in accordance with section 5705.261 of the	126756
Revised Code.	126757

(7) The proceeds from the issuance of the general obligation	126758
bonds under division (J) of this section shall be used solely to	126759
pay for permanent improvements of the school district and not for	126760
permanent improvements of partnering community schools.	126761

Sec. 5705.221. (A) At any time, the board of county	126762
commissioners of any county by a majority vote of the full	126763
membership may declare by resolution and certify to the board of	126764
elections of the county that the amount of taxes which may be	126765
raised within the ten-mill limitation by levies on the current tax	126766
duplicate will be insufficient to provide the necessary	126767
requirements of the county's alcohol, drug addiction, and mental	126768
health service district established pursuant to Chapter 340. of	126769
the Revised Code, or the county's contribution to a joint-county	126770
district of which the county is a part, and that it is necessary	126771
to levy a tax in excess of such limitation for the operation of	126772
~~alcohol and drug~~community addiction ~~programs~~services providers	126773
and community mental health ~~programs~~services providers and the	126774
acquisition, construction, renovation, financing, maintenance, and	126775
operation of alcohol and drug addiction facilities and mental	126776
health facilities.	126777

Such resolution shall conform to section 5705.19 of the	126778
Revised Code, except that the increased rate may be in effect for	126779
any number of years not exceeding ten.	126780

The resolution shall be certified and submitted in the manner	126781
provided in section 5705.25 of the Revised Code, except that it	126782
may be placed on the ballot in any election, and shall be	126783
certified to the board of elections not less than ninety days	126784
before the election at which it will be voted upon.	126785

If the majority of the electors voting on a levy to	126786
supplement general fund appropriations for the support of the	126787
comprehensive ~~alcohol and drug~~community addiction and mental	126788
health ~~program~~services providers vote in favor of the levy, the	126789
board may levy a tax within the county at the additional rate	126790
outside the ten-mill limitation during the specified or continuing	126791
period, for the purpose stated in the resolution.	126792

(B) When electors have approved a tax levy under this	126793
section, the board of county commissioners may anticipate a	126794
fraction of the proceeds of the levy and, from time to time, issue	126795
anticipation notes in accordance with section 5705.191 or 5705.193	126796
of the Revised Code.	126797

(C) The county auditor who is the fiscal officer of the	126798
alcohol, drug addiction, and mental health service district, upon	126799
receipt of a resolution from the board of alcohol, drug addiction,	126800
and mental health services, shall establish for the district a	126801
capital improvements account or a reserve balance account, or	126802
both, as specified in the resolution. The capital improvements	126803
account shall be a contingency fund for the necessary acquisition,	126804
replacement, renovation, or construction of facilities and movable	126805
and fixed equipment. Upon the request of the board, funds not	126806
needed to pay for current expenses may be appropriated to the	126807
capital improvements account, in amounts such that the account	126808
does not exceed twenty-five per cent of the replacement value of	126809
all capital facilities and equipment currently used by the board	126810
for programs and services. Other funds which are available for	126811
current capital expenses from federal, state, or local sources may	126812
also be appropriated to this account.	126813

The reserve balance account shall contain those funds that	126814
are not needed to pay for current operating expenses and not	126815
deposited in the capital improvements account but that will be	126816
needed to pay for operating expenses in the future. Upon the	126817
request of a board, such funds shall be appropriated to the	126818
reserve balance account. Payments from the capital improvements	126819
account and the reserve balance account shall be made by the	126820
county treasurer who is the custodian of funds for the district	126821
upon warrants issued by the county auditor who is the fiscal	126822
officer of the district pursuant to orders of the board.	126823

Sec. 5705.25. (A) A copy of any resolution adopted as	126824
provided in section 5705.19 or 5705.2111 of the Revised Code shall	126825
be certified by the taxing authority to the board of elections of	126826
the proper county not less than ninety days before the general	126827
election in any year, and the board shall submit the proposal to	126828
the electors of the subdivision at the succeeding November	126829
election. In the case of a qualifying library levy, the board	126830
shall submit the question to the electors of the library district	126831
or association library district. Except as otherwise provided in	126832
this division, a resolution to renew an existing levy, regardless	126833
of the section of the Revised Code under which the tax was	126834
imposed, shall not be placed on the ballot unless the question is	126835
submitted at the general election held during the last year the	126836
tax to be renewed or replaced may be extended on the real and	126837
public utility property tax list and duplicate, or at any election	126838
held in the ensuing year. The limitation of the foregoing sentence	126839
does not apply to a resolution to renew and increase or to renew	126840
part of an existing levy that was imposed under section 5705.191	126841
of the Revised Code to supplement the general fund for the purpose	126842
of making appropriations for one or more of the following	126843
purposes: for public assistance, human or social services, relief,	126844
welfare, hospitalization, health, and support of general	126845
hospitals. The limitation of the second preceding sentence also	126846
does not apply to a resolution that proposes to renew two or more	126847
existing levies imposed under section 5705.21 or 5705.217 of the	126848
Revised Code, in which case the question shall be submitted on the	126849
date of the general or primary election held during the last year	126850
at least one of the levies to be renewed may be extended on the	126851
real and public utility property tax list and duplicate, or at any	126852
election held during the ensuing year. For purposes of this	126853
section, a levy shall be considered to be an "existing levy"	126854
through the year following the last year it can be placed on that	126855
tax list and duplicate.	126856

The board shall make the necessary arrangements for the	126857
submission of such questions to the electors of such subdivision,	126858
library district, or association library district, and the	126859
election shall be conducted, canvassed, and certified in the same	126860
manner as regular elections in such subdivision, library district,	126861
or association library district for the election of county	126862
officers. Notice of the election shall be published in a newspaper	126863
of general circulation in the subdivision, library district, or	126864
association library district once a week for two consecutive	126865
weeks, or as provided in section 7.16 of the Revised Code, prior	126866
to the election. If the board of elections operates and maintains	126867
a web site, the board of elections shall post notice of the	126868
election on its web site for thirty days prior to the election.	126869
The notice shall state the purpose, the proposed increase in rate	126870
expressed in dollars and cents for each one hundred dollars of	126871
valuation as well as in mills for each one dollar of valuation,	126872
the number of years during which the increase will be in effect,	126873
the first month and year in which the tax will be levied, and the	126874
time and place of the election.	126875

(B) The form of the ballots cast at an election held pursuant	126876
to division (A) of this section shall be as follows:	126877

"An additional tax for the benefit of (name of subdivision or	126878
public library) .......... for the purpose of (purpose stated in	126879
the resolution) .......... at a rate not exceeding ...... mills	126880
for each one dollar of valuation, which amounts to (rate expressed	126881
in dollars and cents) ............ for each one hundred dollars of	126882
valuation, for ...... (life of indebtedness or number of years the	126883
levy is to run).	126884

126885

		For the Tax Levy			126886
		Against the Tax Levy	"		126887

126888

(C) If the levy is to be in effect for a continuing period of	126889
time, the notice of election and the form of ballot shall so state	126890
instead of setting forth a specified number of years for the levy.	126891

If the tax is to be placed on the current tax list, the form	126892
of the ballot shall be modified by adding, after the statement of	126893
the number of years the levy is to run, the phrase ", commencing	126894
in .......... (first year the tax is to be levied), first due in	126895
calendar year .......... (first calendar year in which the tax	126896
shall be due)."	126897

If the levy submitted is a proposal to renew, increase, or	126898
decrease an existing levy, the form of the ballot specified in	126899
division (B) of this section may be changed by substituting for	126900
the words "An additional" at the beginning of the form, the words	126901
"A renewal of a" in case of a proposal to renew an existing levy	126902
in the same amount; the words "A renewal of ........ mills and an	126903
increase of ...... mills to constitute a" in the case of an	126904
increase; or the words "A renewal of part of an existing levy,	126905
being a reduction of ...... mills, to constitute a" in the case of	126906
a decrease in the proposed levy.	126907

If the levy submitted is a proposal to renew two or more	126908
existing levies imposed under section 5705.21 or 5705.217 of the	126909
Revised Code, the form of the ballot specified in division (B) of	126910
this section shall be modified by substituting for the words "an	126911
additional tax" the words "a renewal of ....(insert the number of	126912
levies to be renewed) existing taxes."	126913

If the levy submitted is a levy under section 5705.72 of the	126914
Revised Code or a proposal to renew, increase, or decrease an	126915
existing levy imposed under that section, the name of the	126916
subdivision shall be "the unincorporated area of .......... (name	126917
of township)."	126918

The question covered by such resolution shall be submitted as	126919
a separate proposition but may be printed on the same ballot with	126920
any other proposition submitted at the same election, other than	126921
the election of officers. More than one such question may be	126922
submitted at the same election.	126923

(D) A levy voted in excess of the ten-mill limitation under	126924
this section shall be certified to the tax commissioner. In the	126925
first year of the levy, it shall be extended on the tax lists	126926
after the February settlement succeeding the election. If the	126927
additional tax is to be placed upon the tax list of the current	126928
year, as specified in the resolution providing for its submission,	126929
the result of the election shall be certified immediately after	126930
the canvass by the board of elections to the taxing authority, who	126931
shall make the necessary levy and certify it to the county	126932
auditor, who shall extend it on the tax lists for collection.	126933
After the first year, the tax levy shall be included in the annual	126934
tax budget that is certified to the county budget commission.	126935

Sec. 5705.55. (A) The board of directors of a lake	126936
facilities authority, by a vote of two-thirds of all its members,	126937
may at any time declare by resolution that the amount of taxes	126938
which may be raised within the ten-mill limitation by levies on	126939
the current tax duplicate will be insufficient to provide an	126940
adequate amount for the necessary requirements of the authority,	126941
that it is necessary to levy a tax in excess of such limitation	126942
for any of the purposes specified in divisions (A), (B), (F), and	126943
(H) of section 5705.19 of the Revised Code, and that the question	126944
of such additional tax levy shall be submitted by the board to the	126945
electors residing within the boundaries of the impacted lake	126946
district on the day of a primary or general election. The	126947
resolution shall conform to section 5705.19 of the Revised Code,	126948
except that the tax levy may be in effect for no more than five	126949
years, as set forth in the resolution, unless the levy is for the	126950
payment of debt charges, and the total number of mills levied for	126951
each dollar of taxable valuation that may be levied under this	126952
section for any tax year shall not exceed one mill. If the levy is	126953
for the payment of debt charges, the levy shall be for the life of	126954
the bond indebtedness.	126955

The resolution shall specify the date of holding the	126956
election, which shall not be earlier than ninety days after the	126957
adoption and certification of the resolution to the board of	126958
elections. The resolution shall not include a levy on the current	126959
tax list and duplicate unless the election is to be held at or	126960
prior to the first Tuesday after the first Monday in November of	126961
the current tax year.	126962

The resolution shall be certified to the board of elections	126963
of the proper county or counties not less than ninety days before	126964
the date of the election. The resolution shall go into immediate	126965
effect upon its passage, and no publication of the resolution	126966
shall be necessary other than that provided in the notice of	126967
election. Section 5705.25 of the Revised Code shall govern the	126968
arrangements for the submission of such question and other matters	126969
concerning the election, to which that section refers, except that	126970
the election shall be held on the date specified in the	126971
resolution. If a majority of the electors voting on the question	126972
so submitted in an election vote in favor of the levy, the board	126973
of directors may forthwith make the necessary levy within the	126974
boundaries of the impacted lake district at the additional rate in	126975
excess of the ten-mill limitation on the tax list, for the purpose	126976
stated in the resolution. The tax levy shall be included in the	126977
next annual tax budget that is certified to the county budget	126978
commission.	126979

(B) The form of the ballot in an election held on the	126980
question of levying a tax proposed pursuant to this section shall	126981
be as follows or in any other form acceptable to the secretary of	126982
state:	126983

"A tax for the benefit of (name of lake facilities authority)	126984
.......... for the purpose of .......... at a rate not exceeding	126985
......... mills for each one dollar of valuation, which amounts to	126986
(rate expressed in dollars and cents) ............ for each one	126987
hundred dollars of valuation, for ............ (life of	126988
indebtedness or number of years the levy is to run).	126989

126990

		For the Tax Levy			126991
		Against the Tax Levy	"		126992

126993

(C) On approval of the levy, notes may be issued in	126994
anticipation of the collection of the proceeds of the tax levy,	126995
other than the proceeds to be received for the payment of bond	126996
debt charges, in the amount and manner and at the times as are	126997
provided in section 5705.193 of the Revised Code, for the issuance	126998
of notes by a county in anticipation of the proceeds of a tax	126999
levy. The lake facilities authority may borrow money in	127000
anticipation of the collection of current revenues as provided in	127001
section 133.10 of the Revised Code.	127002

(D) If a tax is levied under this section in a tax year, no	127003
other taxing authority of a subdivision or taxing unit, including	127004
a port authority, may levy a tax on property in the impacted lake	127005
district in the same tax year if the purpose of the levy is	127006
substantially the same as the purpose for which the lake	127007
facilities authority of the impacted lake district was created.	127008

Sec. 5709.17. The following property shall be exempted from	127009
taxation:	127010

(A) Real estate held or occupied by an association or	127011
corporation, organized or incorporated under the laws of this	127012
state relative to soldiers' memorial associations, monumental	127013
building associations, or cemetery associations or corporations,	127014
which in the opinion of the trustees, directors, or managers	127015
thereof is necessary and proper to carry out the object intended	127016
for such association or corporation;	127017

(B) Real estate and tangible personal property held or	127018
occupied by a veterans' organization that qualifies for exemption	127019
from taxation under section 501(c)(19) or 501(c)(23) of the	127020
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	127021
amended, and is incorporated under the laws of this state or the	127022
United States, except real estate held by such organization for	127023
the production of rental or other income in excess of the	127024
designated amount, before accounting for any cost or expense	127025
incurred in the production of such income. For the purposes of	127026
this division, the designated amount equals seven thousand five	127027
hundred dollars in tax year 2002, and shall be increased by two	127028
hundred fifty dollars each year thereafter until tax year 2012,	127029
when it shall equal ten thousand dollars. For tax years 2013 and	127030
thereafter, the designated amount shall equal ~~ten~~thirty-six	127031
thousand dollars.	127032

(C) Tangible personal property held by a corporation	127033
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	127034
section 501(c)(3) of the Internal Revenue Code, and exempt from	127035
taxation under section 501(a) of the Internal Revenue Code shall	127036
be exempt from taxation if it is property obtained as described in	127037
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	127038

(D) Real estate held or occupied by a fraternal organization	127039
and used primarily for meetings of and the administration of the	127040
fraternal organization. As used in this division, "fraternal	127041
organization" means a domestic fraternal society, order, or	127042
association operating under the lodge, council, or grange system	127043
that qualifies for exemption from taxation under section	127044
501(c)(5), 501(c)(8), or 501(c)(10) of the "Internal Revenue Code	127045
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended; that provides	127046
financial support for charitable purposes, as defined in division	127047
(B)(12) of section 5739.02 of the Revised Code; and that has been	127048
operating in this state with a state governing body for at least	127049
one hundred years.	127050

Sec. 5715.19. (A) As used in this section, "member" has the	127051
same meaning as in section 1705.01 of the Revised Code.	127052

(1) Subject to division (A)(2) of this section, a complaint	127053
against any of the following determinations for the current tax	127054
year shall be filed with the county auditor on or before the	127055
thirty-first day of March of the ensuing tax year or the date of	127056
closing of the collection for the first half of real and public	127057
utility property taxes for the current tax year, whichever is	127058
later:	127059

(a) Any classification made under section 5713.041 of the	127060
Revised Code;	127061

(b) Any determination made under section 5713.32 or 5713.35	127062
of the Revised Code;	127063

(c) Any recoupment charge levied under section 5713.35 of the	127064
Revised Code;	127065

(d) The determination of the total valuation or assessment of	127066
any parcel that appears on the tax list, except parcels assessed	127067
by the tax commissioner pursuant to section 5727.06 of the Revised	127068
Code;	127069

(e) The determination of the total valuation of any parcel	127070
that appears on the agricultural land tax list, except parcels	127071
assessed by the tax commissioner pursuant to section 5727.06 of	127072
the Revised Code;	127073

(f) Any determination made under division (A) of section	127074
319.302 of the Revised Code.	127075

If such a complaint is filed by mail or certified mail, the	127076
date of the United States postmark placed on the envelope or	127077
sender's receipt by the postal service shall be treated as the	127078
date of filing. A private meter postmark on an envelope is not a	127079
valid postmark for purposes of establishing the filing date.	127080

Any person owning taxable real property in the county or in a	127081
taxing district with territory in the county; such a person's	127082
spouse; an individual who is retained by such a person and who	127083
holds a designation from a professional assessment organization,	127084
such as the institute for professionals in taxation, the national	127085
council of property taxation, or the international association of	127086
assessing officers; a public accountant who holds a permit under	127087
section 4701.10 of the Revised Code, a general or residential real	127088
estate appraiser licensed or certified under Chapter 4763. of the	127089
Revised Code, or a real estate broker licensed under Chapter 4735.	127090
of the Revised Code, who is retained by such a person; if the	127091
person is a firm, company, association, partnership, limited	127092
liability company, or corporation, an officer, a salaried	127093
employee, a partner, or a member of that person; or, if the person	127094
is a trust, a trustee of the trust~~; the board of county~~	127095
~~commissioners; the prosecuting attorney or treasurer of the~~	127096
~~county; the board of township trustees of any township with~~	127097
~~territory within the county; the board of education of any school~~	127098
~~district with any territory in the county; or the mayor or~~	127099
~~legislative authority of any municipal corporation with any~~	127100
~~territory in the county~~ may file such a complaint regarding any	127101
such determination affecting ~~any~~ real property owned by the person	127102
in the county~~, except that a person owning taxable real property~~	127103
~~in another county may file such a complaint only with regard to~~	127104
~~any such determination affecting real property in the county that~~	127105
~~is located in the same taxing district as that person's real~~	127106
~~property is located~~. A county recorder may, at the recorder's	127107
discretion, file such a complaint regarding any such determination	127108
affecting any real property in the county. No person, board,	127109
officer, or other entity may compel a county recorder to file such	127110
a complaint. The county auditor shall present to the county board	127111
of revision all complaints filed with the auditor.	127112

(2) As used in division (A)(2) of this section, "interim	127113
period" means, for each county, the tax year to which section	127114
5715.24 of the Revised Code applies and each subsequent tax year	127115
until the tax year in which that section applies again.	127116

No person~~, board,~~ or officer shall file a complaint against	127117
the valuation or assessment of any parcel that appears on the tax	127118
list if itthe person or officer filed a complaint against the	127119
valuation or assessment of that parcel for any prior tax year in	127120
the same interim period, unless the person~~, board,~~ or officer	127121
alleges that the valuation or assessment should be changed due to	127122
one or more of the following circumstances that occurred after the	127123
tax lien date for the tax year for which the prior complaint was	127124
filed and that the circumstances were not taken into consideration	127125
with respect to the prior complaint:	127126

(a) The property was sold in an arm's length transaction, as	127127
described in section 5713.03 of the Revised Code;	127128

(b) The property lost value due to some casualty;

127129

127130

(d) An increase or decrease of at least fifteen per cent in	127131
the property's occupancy has had a substantial economic impact on	127132
the property.	127133

(3) If a county board of revision, the board of tax appeals,	127134
or any court dismisses a complaint filed under this section or	127135
section 5715.13 of the Revised Code for the reason that the act of	127136
filing the complaint was the unauthorized practice of law or the	127137
person filing the complaint was engaged in the unauthorized	127138
practice of law, the party affected by a decrease in valuation or	127139
the party's agent, or the person owning taxable real property in	127140
the county or in a taxing district with territory in the county,	127141
may refile the complaint, notwithstanding division (A)(2) of this	127142
section.	127143

(4) Notwithstanding division (A)(2) of this section, a	127144
person~~, board,~~ or officer ~~may~~authorized by division (A)(1) of	127145
this section to file a complaint against the valuation or	127146
assessment of ~~any~~a parcel that appears on the tax list may file	127147
such a complaint if itthe person or officer filed a complaint	127148
against the valuation or assessment of that parcel for any prior	127149
tax year in the same interim period ~~if the person, board, or~~	127150
~~officer~~but withdrew the complaint before the complaint was heard	127151
by the board of revision.	127152

(B) Within thirty days after the last date such complaints	127153
may be filed, the auditor shall give notice of each complaint in	127154
which the stated amount of overvaluation, undervaluation,	127155
discriminatory valuation, illegal valuation, or incorrect	127156
determination is at least seventeen thousand five hundred dollars	127157
to each property owner whose property is the subject of the	127158
complaint, if the complaint was not filed by the owner or the	127159
owner's spouse, and to each board of education whose school	127160
district may be affected by the complaint. Within thirty days	127161
after receiving such notice, a board of education; a property	127162
owner; the owner's spouse; an individual who is retained by such	127163
an owner and who holds a designation from a professional	127164
assessment organization, such as the institute for professionals	127165
in taxation, the national council of property taxation, or the	127166
international association of assessing officers; a public	127167
accountant who holds a permit under section 4701.10 of the Revised	127168
Code, a general or residential real estate appraiser licensed or	127169
certified under Chapter 4763. of the Revised Code, or a real	127170
estate broker licensed under Chapter 4735. of the Revised Code,	127171
who is retained by such a person; or, if the property owner is a	127172
firm, company, association, partnership, limited liability	127173
company, corporation, or trust, an officer, a salaried employee, a	127174
partner, a member, or trustee of that property owner, may file a	127175
complaint in support of or objecting to the amount of alleged	127176
overvaluation, undervaluation, discriminatory valuation, illegal	127177
valuation, or incorrect determination stated in a previously filed	127178
complaint ~~or objecting to the current valuation~~. Upon the filing	127179
of a complaint under this division, the board of education or the	127180
property owner shall be made a party to the action.	127181

(C) Each board of revision shall notify any complainant and	127182
also the property owner, if the property owner's address is known,	127183
when a complaint is filed by one other than the property owner, by	127184
certified mail, not less than ten days prior to the hearing, of	127185
the time and place the same will be heard. The board of revision	127186
shall hear and render its decision on a complaint within ninety	127187
days after the filing thereof with the board, except that if a	127188
complaint is filed within thirty days after receiving notice from	127189
the auditor as provided in division (B) of this section, the board	127190
shall hear and render its decision within ninety days after such	127191
filing.	127192

(D) The determination of any such complaint shall relate back	127193
to the date when the lien for taxes or recoupment charges for the	127194
current year attached or the date as of which liability for such	127195
year was determined. Liability for taxes and recoupment charges	127196
for such year and each succeeding year until the complaint is	127197
finally determined and for any penalty and interest for nonpayment	127198
thereof within the time required by law shall be based upon the	127199
determination, valuation, or assessment as finally determined.	127200
Each complaint shall state the amount of overvaluation,	127201
undervaluation, discriminatory valuation, illegal valuation, or	127202
incorrect classification or determination upon which the complaint	127203
is based. The treasurer shall accept any amount tendered as taxes	127204
or recoupment charge upon property concerning which a complaint is	127205
then pending, computed upon the claimed valuation as set forth in	127206
the complaint. If a complaint filed under this section for the	127207
current year is not determined by the board within the time	127208
prescribed for such determination, the complaint and any	127209
proceedings in relation thereto shall be continued by the board as	127210
a valid complaint for any ensuing year until such complaint is	127211
finally determined by the board or upon any appeal from a decision	127212
of the board. In such case, the original complaint shall continue	127213
in effect without further filing by the ~~original taxpayer, the~~	127214
~~original taxpayer's assignee, or any other person or entity~~	127215
~~authorized to file a complaint under this section~~parties to the	127216
action.	127217

(E) If a taxpayer files a complaint ~~as to the classification,~~	127218
~~valuation, assessment, or any determination affecting the~~	127219
~~taxpayer's own property~~under this section and tenders less than	127220
the full amount of taxes or recoupment charges as finally	127221
determined, an interest charge shall accrue as follows:	127222

(1) If the amount finally determined is less than the amount	127223
billed but more than the amount tendered, the taxpayer shall pay	127224
interest at the rate per annum prescribed by section 5703.47 of	127225
the Revised Code, computed from the date that the taxes were due	127226
on the difference between the amount finally determined and the	127227
amount tendered. This interest charge shall be in lieu of any	127228
penalty or interest charge under section 323.121 of the Revised	127229
Code unless the taxpayer failed to file a complaint and tender an	127230
amount as taxes or recoupment charges within the time required by	127231
this section, in which case section 323.121 of the Revised Code	127232
applies.	127233

(2) If the amount of taxes finally determined is equal to or	127234
greater than the amount billed and more than the amount tendered,	127235
the taxpayer shall pay interest at the rate prescribed by section	127236
5703.47 of the Revised Code from the date the taxes were due on	127237
the difference between the amount finally determined and the	127238
amount tendered, such interest to be in lieu of any interest	127239
charge but in addition to any penalty prescribed by section	127240
323.121 of the Revised Code.	127241

(F) Upon request of a complainant, the tax commissioner shall	127242
determine the common level of assessment of real property in the	127243
county for the year stated in the request that is not valued under	127244
section 5713.31 of the Revised Code, which common level of	127245
assessment shall be expressed as a percentage of true value and	127246
the common level of assessment of lands valued under such section,	127247
which common level of assessment shall also be expressed as a	127248
percentage of the current agricultural use value of such lands.	127249
Such determination shall be made on the basis of the most recent	127250
available sales ratio studies of the commissioner and such other	127251
factual data as the commissioner deems pertinent.	127252

(G) A complainant shall provide to the board of revision all	127253
information or evidence within the complainant's knowledge or	127254
possession that affects the real property that is the subject of	127255
the complaint. A complainant who fails to provide such information	127256
or evidence is precluded from introducing it on appeal to the	127257
board of tax appeals or the court of common pleas, except that the	127258
board of tax appeals or court may admit and consider the evidence	127259
if the complainant shows good cause for the complainant's failure	127260
to provide the information or evidence to the board of revision.	127261

(H) In case of the pendency of any proceeding in court based	127262
upon an alleged excessive, discriminatory, or illegal valuation or	127263
incorrect classification or determination, the taxpayer may tender	127264
to the treasurer an amount as taxes upon property computed upon	127265
the claimed valuation as set forth in the complaint to the court.	127266
The treasurer may accept the tender. If the tender is not	127267
accepted, no penalty shall be assessed because of the nonpayment	127268
of the full taxes assessed.	127269

Sec. 5715.27. (A)(1) Except as provided in division (A)(2)	127270
of this section and in section 3735.67 of the Revised Code, the	127271
owner, a vendee in possession under a purchase agreement or a land	127272
contract, the beneficiary of a trust, or a lessee for an initial	127273
term of not less than thirty years of any property may file an	127274
application with the tax commissioner, on forms prescribed by the	127275
commissioner, requesting that such property be exempted from	127276
taxation and that taxes, interest, and penalties be remitted as	127277
provided in division (C) of section 5713.08 of the Revised Code.	127278

(2) If the property that is the subject of the application	127279
for exemption is any of the following, the application shall be	127280
filed with the county auditor of the county in which the property	127281
is listed for taxation:	127282

(a) A public road or highway;

127283

(b) Property belonging to the federal government of the	127284
United States;	127285

(c) Additions or other improvements to an existing building	127286
or structure that belongs to the state or a political subdivision,	127287
as defined in section 5713.081 of the Revised Code, and that is	127288
exempted from taxation as property used exclusively for a public	127289
purpose;	127290

(d) Property of the boards of trustees and of the housing	127291
commissions of the state universities, the northeastern Ohio	127292
universities college of medicine, and of the state to be exempted	127293
under section 3345.17 of the Revised Code.	127294

(B) The board of education of any school district may request	127295
the tax commissioner or county auditor to provide it with	127296
notification of applications for exemption from taxation for	127297
property located within that district. If so requested, the	127298
commissioner or auditor shall send to the board on a monthly basis	127299
reports that contain sufficient information to enable the board to	127300
identify each property that is the subject of an exemption	127301
application, including, but not limited to, the name of the	127302
property owner or applicant, the address of the property, and the	127303
auditor's parcel number. The commissioner or auditor shall mail	127304
the reports by the fifteenth day of the month following the end	127305
of the month in which the commissioner or auditor receives the	127306
applications for exemption.	127307

(C) A board of education that has requested notification	127308
under division (B) of this section may, with respect to any	127309
application for exemption of property located in the district and	127310
included in the commissioner's or auditor's most recent report	127311
provided under that division, file a statement with the	127312
commissioner or auditor and with the applicant indicating its	127313
intent to submit evidence and participate in any hearing on the	127314
application. The statements shall be filed prior to the first day	127315
of the third month following the end of the month in which that	127316
application was docketed by the commissioner or auditor. A	127317
statement filed in compliance with this division entitles the	127318
district to submit evidence and to participate in any hearing on	127319
the property and makes the district a party for purposes of	127320
sections 5717.02 to 5717.04 of the Revised Code in any appeal of	127321
the commissioner's or auditor's decision to the board of tax	127322
appeals.	127323

(D) The commissioner or auditor shall not hold a hearing on	127324
or grant or deny an application for exemption of property in a	127325
school district whose board of education has requested	127326
notification under division (B) of this section until the end of	127327
the period within which the board may submit a statement with	127328
respect to that application under division (C) of this section.	127329
The commissioner or auditor may act upon an application at any	127330
time prior to that date upon receipt of a written waiver from each	127331
such board of education, or, in the case of exemptions authorized	127332
by section 725.02, 1728.10, 5709.40, 5709.41, 5709.411, 5709.62,	127333
5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the	127334
Revised Code, upon the request of the property owner. Failure of a	127335
board of education to receive the report required in division (B)	127336
of this section shall not void an action of the commissioner or	127337
auditor with respect to any application. The commissioner or	127338
auditor may extend the time for filing a statement under division	127339
(C) of this section.	127340

(E) ~~A complaint may also be filed with the commissioner or~~	127341
~~auditor by any~~Any person~~, board,~~ or officer authorized by section	127342
5715.19 of the Revised Code to file complaints with the county	127343
board of revision, the board of county commissioners, the	127344
prosecuting attorney or treasurer of the county, the board of	127345
township trustees of any township with territory in the county,	127346
the board of education of any school district with any territory	127347
in the county, or the mayor or legislative authority of a	127348
municipal corporation with any territory in the county may file a	127349
complaint with the commissioner or auditor against the continued	127350
exemption of any property granted exemption by the commissioner or	127351
auditor, respectively, under this section.	127352

(F) An application for exemption and a complaint against	127353
exemption shall be filed prior to the thirty-first day of December	127354
of the tax year for which exemption is requested or for which the	127355
liability of the property to taxation in that year is requested.	127356
The commissioner or auditor shall consider such application or	127357
complaint in accordance with procedures established by the	127358
commissioner, determine whether the property is subject to	127359
taxation or exempt therefrom, and, if the commissioner makes the	127360
determination, certify the determination to the auditor. Upon	127361
making the determination or receiving the commissioner's	127362
determination, the auditor shall correct the tax list and	127363
duplicate accordingly. If a tax certificate has been sold under	127364
section 5721.32 or 5721.33 of the Revised Code with respect to	127365
property for which an exemption has been requested, the tax	127366
commissioner or auditor shall also certify the findings to the	127367
county treasurer of the county in which the property is located.	127368

(G) Applications and complaints, and documents of any kind	127369
related to applications and complaints, filed with the tax	127370
commissioner or county auditor under this section are public	127371
records within the meaning of section 149.43 of the Revised Code.	127372

(H) If the commissioner or auditor determines that the use of	127373
property or other facts relevant to the taxability of property	127374
that is the subject of an application for exemption or a complaint	127375
under this section has changed while the application or complaint	127376
was pending, the commissioner or auditor may make the	127377
determination under division (F) of this section separately for	127378
each tax year beginning with the year in which the application or	127379
complaint was filed or the year for which remission of taxes under	127380
division (C) of section 5713.08 of the Revised Code was requested,	127381
and including each subsequent tax year during which the	127382
application or complaint is pending before the commissioner or	127383
auditor.	127384

Sec. 5717.01. An appeal from a decision of a county board of	127385
revision may be taken to the board of tax appeals within thirty	127386
days after notice of the decision of the county board of revision	127387
is mailed as provided in division (A) of section 5715.20 of the	127388
Revised Code. Such an appeal may be taken by the county auditor,	127389
the tax commissioner, ~~or any board, legislative authority, public~~	127390
~~official~~the board of education of any school district in which	127391
the parcel that is the subject of the decision is located, the	127392
county recorder, or a taxpayer authorized by section 5715.19 of	127393
the Revised Code to file complaints against valuations or	127394
assessments with the auditor. Such appeal shall be taken by the	127395
filing of a notice of appeal, in person or by certified mail,	127396
express mail, or authorized delivery service, with the board of	127397
tax appeals and with the county board of revision. If notice of	127398
appeal is filed by certified mail, express mail, or authorized	127399
delivery service as provided in section 5703.056 of the Revised	127400
Code, the date of the United States postmark placed on the	127401
sender's receipt by the postal service or the date of receipt	127402
recorded by the authorized delivery service shall be treated as	127403
the date of filing. Upon receipt of such notice of appeal such	127404
county board of revision shall by certified mail notify all	127405
persons thereof who were parties to the proceeding before such	127406
county board of revision, and shall file proof of such notice with	127407
the board of tax appeals. The county board of revision shall	127408
thereupon certify to the board of tax appeals a transcript of the	127409
record of the proceedings of the county board of revision	127410
pertaining to the original complaint, and all evidence offered in	127411
connection therewith. Such appeal may be heard by the board of tax	127412
appeals at its offices in Columbus or in the county where the	127413
property is listed for taxation, or the board of tax appeals may	127414
cause its examiners to conduct such hearing and to report to it	127415
their findings for affirmation or rejection.	127416

The board of tax appeals may order the appeal to be heard on	127417
the record and the evidence certified to it by the county board of	127418
revision, or it may order the hearing of additional evidence, and	127419
it may make such investigation concerning the appeal as it deems	127420
proper.	127421

Sec. 5725.18. (A) An annual franchise tax on the privilege	127422
of being an insurance company is hereby levied on each domestic	127423
insurance company. In the month of May, annually, the treasurer of	127424
state shall charge for collection from each domestic insurance	127425
company a franchise tax in the amount computed in accordance with	127426
the following, as applicable:	127427

(1) With respect to a domestic insurance company that is a	127428
health insuring corporation, one per cent of all premium rate	127429
payments received, exclusive of payments received under the	127430
medicare program ~~established under Title XVIII of the "Social~~	127431
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	127432
and exclusive of payments received pursuant to the ~~medical~~	127433
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	127434
~~Revised Code~~ for the period ending September 30, 2009, as	127435
reflected in its annual report for the preceding calendar year;	127436

(2) With respect to a domestic insurance company that is not	127437
a health insuring corporation, one and four-tenths per cent of the	127438
gross amount of premiums received from policies covering risks	127439
within this state, exclusive of premiums received under the	127440
medicare program ~~established under Title XVIII of the "Social~~	127441
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	127442
and exclusive of payments received pursuant to the ~~medical~~	127443
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	127444
~~Revised Code~~ for the period ending September 30, 2009, as	127445
reflected in its annual statement for the preceding calendar year,	127446
and, if the company operates a health insuring corporation as a	127447
line of business, one per cent of all premium rate payments	127448
received from that line of business, exclusive of payments	127449
received under the medicare program ~~established under Title XVIII~~	127450
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	127451
~~301, as amended,~~ and exclusive of payments received pursuant to	127452
the ~~medical assistance~~medicaid program ~~established under Chapter~~	127453
~~5111. of the Revised Code~~ for the period ending September 30,	127454
2009, as reflected in its annual statement for the preceding	127455
calendar year.	127456

Domestic insurance companies, including health insuring	127457
corporations, receiving payments pursuant to the ~~medical~~	127458
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	127459
~~Revised Code~~ during the period beginning October 1, 2009, and	127460
ending December 31, 2009, shall file with the 2009 annual	127461
statement to the superintendent a schedule that reflects those	127462
payments received pursuant to the ~~medical assistance~~medicaid	127463
program for that period. The payments reflected in the schedule,	127464
plus all other taxable premiums, are subject to the annual	127465
franchise tax due to be paid in 2010.	127466

(B) The gross amount of premium rate payments or premiums	127467
used to compute the applicable tax in accordance with division (A)	127468
of this section is subject to the deductions prescribed by section	127469
5729.03 of the Revised Code for foreign insurance companies. The	127470
objects of such tax are those declared in section 5725.24 of the	127471
Revised Code, to which only such tax shall be applied.	127472

(C) In no case shall such tax be less than two hundred fifty	127473
dollars.	127474

Sec. 5725.34. (A) As used in this section, "certificate	127475
owner" has the same meaning as in section 149.311 of the Revised	127476
Code.	127477

(B) There is allowed a credit against the tax imposed by	127478
section 5725.18 of the Revised Code for an insurance company	127479
subject to that tax that is a certificate owner of a	127480
rehabilitation tax credit certificate issued under section 149.311	127481
of the Revised Code. The credit shall equal twenty-five per cent	127482
of the dollar amount indicated on the certificate, but the amount	127483
of the credit allowed for any company for any year shall not	127484
exceed ~~five~~ten million dollars. The credit shall be claimed in	127485
the calendar year specified in the certificate and in the order	127486
required under section 5725.98 of the Revised Code. If the credit	127487
exceeds the amount of tax otherwise due in that year, the excess	127488
shall be refunded to the company but, if any amount of the credit	127489
is refunded, the sum of the amount refunded and the amount applied	127490
to reduce the tax otherwise due in that year shall not exceed	127491
three million dollars. The company may carry forward any balance	127492
of the credit in excess of the amount claimed in that year for not	127493
more than five ensuing years, and shall deduct any amount claimed	127494
in any such year from the amount claimed in an ensuing year.	127495

(C) An insurance company claiming a credit under this section	127496
shall retain the rehabilitation tax credit certificate for four	127497
years following the end of the year in which the credit was	127498
claimed, and shall make the certificate available for inspection	127499
by the tax commissioner upon the request of the tax commissioner	127500
during that period.	127501

Sec. 5726.20. (A) The tax commissioner may make an	127502
assessment, based on any information in the commissioner's	127503
possession, against any person that fails to file a return or	127504
report or pay any tax as required by this chapter. The reporting	127505
person for a taxpayer shall file the annual report required under	127506
section 5726.02 of the Revised Code and remit the tax imposed by	127507
this chapter. Each person included in the annual report of the	127508
taxpayer is jointly and severally liable for the tax imposed by	127509
this chapter and any penalties and interest thereon. If the	127510
reporting person fails, for any reason, to file and remit any tax,	127511
the amount due may be collected by assessment against the	127512
reporting person and against any or all other persons required to	127513
be included in the annual report of the taxpayer in the manner	127514
provided by this section. The commissioner shall give the person	127515
assessed written notice of the assessment as provided in section	127516
5703.37 of the Revised Code. With the notice, the commissioner	127517
shall provide instructions on the manner in which to petition for	127518
reassessment and request a hearing with respect to the petition.	127519

(B) No assessment shall be made or issued against a person	127520
under this section more than four years after the later of the	127521
final date the report subject to assessment was required to be	127522
filed or the date such report was filed. Such time limit may be	127523
extended if both the person and the commissioner consent in	127524
writing to the extension or if an agreement waiving or extending	127525
the time limit has been entered into pursuant to section 122.171	127526
of the Revised Code. Any such extension shall extend the four-year	127527
time limit prescribed in division (A) of section 5726.30 of the	127528
Revised Code for the same period of time. There shall be no bar or	127529
limit to an assessment against a person that fails to file a	127530
report subject to assessment as required by this chapter, or that	127531
files a fraudulent report.	127532

(C) Unless the person assessed, within sixty days after	127533
service of the notice of assessment, files with the tax	127534
commissioner, either in person or by certified mail, a written	127535
petition for reassessment signed by the person or the person's	127536
authorized agent having knowledge of the facts, the assessment	127537
shall become final, and the amount of the assessment is due and	127538
payable from the person assessed to the treasurer of state. A	127539
petition shall indicate the objections of the person assessed, but	127540
additional objections may be raised in writing if received by the	127541
commissioner prior to the date shown on the final determination.	127542
If a petition for reassessment has been properly filed, the	127543
commissioner shall proceed under section 5703.60 of the Revised	127544
Code.	127545

(D)(1) After an assessment becomes final, if any portion of	127546
the assessment, including any accrued interest, remains unpaid, a	127547
certified copy of the tax commissioner's entry making the	127548
assessment final may be filed in the office of the clerk of the	127549
court of common pleas in the county in which the person resides or	127550
has its principal place of business in this state, or in the	127551
office of the clerk of court of common pleas of Franklin county.	127552

(2) Immediately upon the filing of the entry, the clerk shall	127553
enter judgment for the state against the person assessed in the	127554
amount shown on the entry. The judgment may be filed by the clerk	127555
in a loose-leaf book entitled, "special judgments for the	127556
financial institution tax" and shall have the same effect as other	127557
judgments. Execution shall issue upon the judgment at the request	127558
of the tax commissioner, and all laws applicable to sales on	127559
execution shall apply to sales made under the judgment.	127560

(3) ~~The portion of~~If the assessment is not paid in its	127561
entirety within sixty days after the day the assessment was	127562
issued, the portion of the assessment consisting of tax due shall	127563
bear interest at the rate per annum prescribed by section 5703.47	127564
of the Revised Code from the date the tax commissioner issues the	127565
assessment until the date the assessment is paid or until it is	127566
certified to the attorney general for collection under section	127567
131.02 of the Revised Code, whichever comes first. If the unpaid	127568
portion of the assessment is certified to the attorney general for	127569
collection, the entire unpaid portion of the assessment shall bear	127570
interest at the rate per annum prescribed by section 5703.47 of	127571
the Revised Code from the date of certification until the date it	127572
is paid in its entirety. Interest shall be paid in the same manner	127573
as the tax and may be collected by the issuance of an assessment	127574
under this section.	127575

(E) If the tax commissioner believes that collection of the	127576
tax imposed by this chapter will be jeopardized unless proceedings	127577
to collect or secure collection of the tax are instituted without	127578
delay, the commissioner may issue a jeopardy assessment against	127579
the person liable for the tax. Immediately upon the issuance of	127580
the jeopardy assessment, the commissioner shall file an entry with	127581
the clerk of the court of common pleas in the manner prescribed by	127582
division (D) of this section. Notice of the jeopardy assessment	127583
shall be served on the person assessed or the person's authorized	127584
agent in the manner provided in section 5703.37 of the Revised	127585
Code within five days of the filing of the entry with the clerk.	127586
The total amount assessed shall be immediately due and payable,	127587
unless the person assessed files a petition for reassessment in	127588
accordance with division (C) of this section and provides security	127589
in a form satisfactory to the commissioner and in an amount	127590
sufficient to satisfy the unpaid balance of the assessment. Full	127591
or partial payment of the assessment shall not prejudice the	127592
commissioner's consideration of the petition for reassessment.	127593

(F) The tax commissioner shall immediately forward to the	127594
treasurer of state all amounts the commissioner receives under	127595
this section. Such amounts shall be considered as revenue arising	127596
from the tax imposed by this chapter.	127597

(G) If the tax commissioner possesses information indicating	127598
that the amount of tax a taxpayer is required to pay under this	127599
chapter exceeds the amount the reporting person for the taxpayer	127600
paid, the tax commissioner may audit a sample of the taxpayer's	127601
gross receipts over a representative period of time to ascertain	127602
the amount of tax due, and may issue an assessment based on the	127603
audit. The tax commissioner shall make a good faith effort to	127604
reach agreement with the taxpayer in selecting a representative	127605
sample. The tax commissioner may apply a sampling method only if	127606
the commissioner has prescribed the method by rule.	127607

(H) If the whereabouts of a person subject to this chapter is	127608
not known to the tax commissioner, the secretary of state is	127609
hereby deemed to be that person's agent for purposes of service of	127610
process or notice of any assessment, action, or proceedings	127611
instituted in this state against the person under this chapter.	127612
Such process or notice shall be served on such person by the	127613
commissioner or by an agent of the commissioner by leaving a true	127614
and attested copy of the process or notice at the office of the	127615
secretary of state at least fifteen days before the return day of	127616
such process or notice, and by sending a copy of the process or	127617
notice to such person by ordinary mail, with an endorsement	127618
thereon of the service upon the secretary of state, addressed to	127619
such person at the person's last known address.	127620

Sec. 5726.52. (A) As used in this section, "certificate	127621
owner" has the same meaning as in section 149.311 of the Revised	127622
Code.	127623

(B) A taxpayer may claim a refundable credit against the tax	127624
imposed by this chapter for each person included in the annual	127625
report of a taxpayer that is a certificate owner of a	127626
rehabilitation tax credit certificate issued under section 149.311	127627
of the Revised Code. The credit shall equal twenty-five per cent	127628
of the dollar amount indicated on each certificate, but shall not	127629
exceed ~~five~~ten million dollars for each certificate.	127630

The credit shall be claimed for the calendar year specified	127631
in the certificate and in the order required under section 5726.98	127632
of the Revised Code. If the credit exceeds the amount of tax	127633
otherwise due in that year, the excess shall be refunded to the	127634
taxpayer, provided that, if any amount of the credit is refunded,	127635
the sum of the amount refunded and the amount applied to reduce	127636
the tax otherwise due in that year shall not exceed three million	127637
dollars. The taxpayer may carry forward any balance of the credit	127638
in excess of the amount claimed in that year for not more than	127639
five ensuing years, and shall deduct any amount claimed in any	127640
such year from the amount claimed in an ensuing year. A taxpayer	127641
may claim against the tax imposed by this chapter any unused	127642
portion of the credit authorized under section 5725.151 of the	127643
Revised Code, but only to the extent of the five-year carry	127644
forward period authorized by that section.	127645

(C) A taxpayer claiming a credit under this section shall	127646
retain the rehabilitation tax credit certificate for four years	127647
following the end of the year to which the credit was applied, and	127648
shall make the certificate available for inspection by the tax	127649
commissioner upon the request of the commissioner during that	127650
period.	127651

Sec. 5727.26. (A) The tax commissioner may make an	127652
assessment, based on any information in the commissioner's	127653
possession, against any natural gas company or combined company	127654
that fails to file a return or pay any tax, interest, or	127655
additional charge as required by sections 5727.24 to 5727.29 of	127656
the Revised Code. The commissioner shall give the company assessed	127657
written notice of the assessment as provided in section 5703.37 of	127658
the Revised Code. With the notice, the commissioner shall provide	127659
instructions on how to petition for reassessment and request a	127660
hearing on the petition. A penalty of up to fifteen per cent may	127661
be added to all amounts assessed under this section. The tax	127662
commissioner may adopt rules providing for the imposition and	127663
remission of the penalty.	127664

(B) Unless the company assessed, within sixty days after	127665
service of the notice of assessment, files with the tax	127666
commissioner, either personally or by certified mail, a written	127667
petition signed by the company's authorized agent having knowledge	127668
of the facts, the assessment becomes final, and the amount of the	127669
assessment is due and payable from the company assessed to the	127670
treasurer of state. The petition shall indicate the objections of	127671
the company assessed, but additional objections may be raised in	127672
writing if received by the commissioner prior to the date shown on	127673
the final determination.	127674

If a petition for reassessment has been properly filed, the	127675
commissioner shall proceed under section 5703.60 of the Revised	127676
Code.	127677

(C) After an assessment becomes final, if any portion of the	127678
assessment, including accrued interest, remains unpaid, a	127679
certified copy of the tax commissioner's entry making the	127680
assessment final may be filed in the office of the clerk of the	127681
court of common pleas in the county in which the natural gas	127682
company's or combined company's principal place of business is	127683
located, or in the office of the clerk of court of common pleas of	127684
Franklin county.	127685

Immediately on the filing of the entry, the clerk shall enter	127686
judgment for the state against the company assessed in the amount	127687
shown on the entry. The judgment may be filed by the clerk in a	127688
loose-leaf book entitled, "special judgments for the public	127689
utility excise tax on natural gas and combined companies," and	127690
shall have the same effect as other judgments. Execution shall	127691
issue upon the judgment at the request of the tax commissioner,	127692
and all laws applicable to sales on execution shall apply to sales	127693
made under the judgment.	127694

~~The portion of~~If the assessment is not paid in its entirety	127695
within sixty days after the day the assessment was issued, the	127696
portion of the assessment consisting of tax due shall bear	127697
interest at the rate per annum prescribed by section 5703.47 of	127698
the Revised Code from the day the tax commissioner issues the	127699
assessment until it is paid or until it is certified to the	127700
attorney general for collection under section 131.02 of the	127701
Revised Code, whichever comes first. If the unpaid portion of the	127702
assessment is certified to the attorney general for collection,	127703
the entire unpaid portion of the assessment shall bear interest at	127704
the rate per annum prescribed by section 5703.47 of the Revised	127705
Code from the date of certification until the date it is paid in	127706
its entirety. Interest shall be paid in the same manner as the tax	127707
and may be collected by the issuance of an assessment under this	127708
section.	127709

(D) If the tax commissioner believes that collection of the	127710
tax will be jeopardized unless proceedings to collect or secure	127711
collection of the tax are instituted without delay, the	127712
commissioner may issue a jeopardy assessment against the company	127713
liable for the tax. Immediately upon the issuance of the jeopardy	127714
assessment, the commissioner shall file an entry with the clerk of	127715
the court of common pleas in the manner prescribed by division (C)	127716
of this section. Notice of the jeopardy assessment shall be served	127717
on the company assessed or the company's authorized agent in the	127718
manner provided in section 5703.37 of the Revised Code within five	127719
days of the filing of the entry with the clerk. The total amount	127720
assessed is immediately due and payable, unless the company	127721
assessed files a petition for reassessment in accordance with	127722
division (B) of this section and provides security in a form	127723
satisfactory to the commissioner and in an amount sufficient to	127724
satisfy the unpaid balance of the assessment. Full or partial	127725
payment of the assessment does not prejudice the commissioner's	127726
consideration of the petition for reassessment.	127727

(E) The tax commissioner shall immediately forward to the	127728
treasurer of state all amounts that the tax commissioner receives	127729
under this section, and such amounts shall be considered revenue	127730
arising from the tax imposed by section 5727.24 of the Revised	127731
Code.	127732

(F) No assessment shall be made or issued against a natural	127733
gas company or combined company for the tax imposed by section	127734
5727.24 of the Revised Code more than four years after the return	127735
date for the period in which the tax was reported, or more than	127736
four years after the return for the period was filed, whichever is	127737
later.	127738

Sec. 5727.75. (A) For purposes of this section:

127739

(1) "Qualified energy project" means an energy project	127740
certified by the director of development services pursuant to this	127741
section.	127742

(2) "Energy project" means a project to provide electric	127743
power through the construction, installation, and use of an energy	127744
facility.	127745

(3) "Alternative energy zone" means a county declared as such	127746
by the board of county commissioners under division (E)(1)(b) or	127747
(c) of this section.	127748

(4) "Full-time equivalent employee" means the total number of	127749
employee-hours for which compensation was paid to individuals	127750
employed at a qualified energy project for services performed at	127751
the project during the calendar year divided by two thousand	127752
eighty hours.	127753

(5) "Solar energy project" means an energy project composed	127754
of an energy facility using solar panels to generate electricity.	127755

(B)(1) Tangible personal property of a qualified energy	127756
project using renewable energy resources is exempt from taxation	127757
for tax years 2011~~, 2012, 2013, and 2014~~through 2019 if all of	127758
the following conditions are satisfied:	127759

(a) On or before December 31, ~~2013~~2018, the owner or a	127760
lessee pursuant to a sale and leaseback transaction of the project	127761
submits an application to the power siting board for a certificate	127762
under section 4906.20 of the Revised Code, or if that section does	127763
not apply, submits an application for any approval, consent,	127764
permit, or certificate or satisfies any condition required by a	127765
public agency or political subdivision of this state for the	127766
construction or initial operation of an energy project.	127767

(b) Construction or installation of the energy facility	127768
begins on or after January 1, 2009, and before January 1, ~~2014~~	127769
2019. For the purposes of this division, construction begins on	127770
the earlier of the date of application for a certificate or other	127771
approval or permit described in division (B)(1)(a) of this	127772
section, or the date the contract for the construction or	127773
installation of the energy facility is entered into.	127774

(c) For a qualified energy project with a nameplate capacity	127775
of five megawatts or greater, a board of county commissioners of a	127776
county in which property of the project is located has adopted a	127777
resolution under division (E)(1)(b) or (c) of this section to	127778
approve the application submitted under division (E) of this	127779
section to exempt the property located in that county from	127780
taxation. A board's adoption of a resolution rejecting an	127781
application or its failure to adopt a resolution approving the	127782
application does not affect the tax-exempt status of the qualified	127783
energy project's property that is located in another county.	127784

(2) If tangible personal property of a qualified energy	127785
project using renewable energy resources was exempt from taxation	127786
under this section beginning in any of tax years 2011, 2012, 2013,	127787
or 2014, 2015, 2016, 2017, 2018, or 2019, and the certification	127788
under division (E)(2) of this section has not been revoked, the	127789
tangible personal property of the qualified energy project is	127790
exempt from taxation for tax year ~~2015~~2020 and all ensuing tax	127791
years if the property was placed into service before January 1,	127792
~~2015~~2020, as certified in the construction progress report	127793
required under division (F)(2) of this section. Tangible personal	127794
property that has not been placed into service before that date is	127795
taxable property subject to taxation. An energy project for which	127796
certification has been revoked is ineligible for further exemption	127797
under this section. Revocation does not affect the tax-exempt	127798
status of the project's tangible personal property for the tax	127799
year in which revocation occurs or any prior tax year.	127800

(C) Tangible personal property of a qualified energy project	127801
using clean coal technology, advanced nuclear technology, or	127802
cogeneration technology is exempt from taxation for the first tax	127803
year that the property would be listed for taxation and all	127804
subsequent years if all of the following circumstances are met:	127805

(1) The property was placed into service before January 1,	127806
~~2019~~2024. Tangible personal property that has not been placed	127807
into service before that date is taxable property subject to	127808
taxation.	127809

(2) For such a qualified energy project with a nameplate	127810
capacity of five megawatts or greater, a board of county	127811
commissioners of a county in which property of the qualified	127812
energy project is located has adopted a resolution under division	127813
(E)(1)(b) or (c) of this section to approve the application	127814
submitted under division (E) of this section to exempt the	127815
property located in that county from taxation. A board's adoption	127816
of a resolution rejecting the application or its failure to adopt	127817
a resolution approving the application does not affect the	127818
tax-exempt status of the qualified energy project's property that	127819
is located in another county.	127820

(3) The certification for the qualified energy project issued	127821
under division (E)(2) of this section has not been revoked. An	127822
energy project for which certification has been revoked is	127823
ineligible for exemption under this section. Revocation does not	127824
affect the tax-exempt status of the project's tangible personal	127825
property for the tax year in which revocation occurs or any prior	127826
tax year.	127827

(D) Except as otherwise provided in this section, real	127828
property of a qualified energy project is exempt from taxation for	127829
any tax year for which the tangible personal property of the	127830
qualified energy project is exempted under this section.	127831

(E)(1)(a) A person may apply to the director of development	127832
services for certification of an energy project as a qualified	127833
energy project on or before the following dates:	127834

(i) December 31, ~~2013~~2018, for an energy project using	127835
renewable energy resources;	127836

(ii) December 31, ~~2015~~2020, for an energy project using	127837
clean coal technology, advanced nuclear technology, or	127838
cogeneration technology.	127839

(b) The director shall forward a copy of each application for	127840
certification of an energy project with a nameplate capacity of	127841
five megawatts or greater to the board of county commissioners of	127842
each county in which the project is located and to each taxing	127843
unit with territory located in each of the affected counties. Any	127844
board that receives from the director a copy of an application	127845
submitted under this division shall adopt a resolution approving	127846
or rejecting the application unless it has adopted a resolution	127847
under division (E)(1)(c) of this section. A resolution adopted	127848
under division (E)(1)(b) or (c) of this section may require an	127849
annual service payment to be made in addition to the service	127850
payment required under division (G) of this section. The sum of	127851
the service payment required in the resolution and the service	127852
payment required under division (G) of this section shall not	127853
exceed nine thousand dollars per megawatt of nameplate capacity	127854
located in the county. The resolution shall specify the time and	127855
manner in which the payments required by the resolution shall be	127856
paid to the county treasurer. The county treasurer shall deposit	127857
the payment to the credit of the county's general fund to be used	127858
for any purpose for which money credited to that fund may be used.	127859

The board shall send copies of the resolution by certified	127860
mail to the owner of the facility and the director within thirty	127861
days after receipt of the application, or a longer period of time	127862
if authorized by the director.	127863

(c) A board of county commissioners may adopt a resolution	127864
declaring the county to be an alternative energy zone and	127865
declaring all applications submitted to the director of	127866
development services under this division after the adoption of the	127867
resolution, and prior to its repeal, to be approved by the board.	127868

All tangible personal property and real property of an energy	127869
project with a nameplate capacity of five megawatts or greater is	127870
taxable if it is located in a county in which the board of county	127871
commissioners adopted a resolution rejecting the application	127872
submitted under this division or failed to adopt a resolution	127873
approving the application under division (E)(1)(b) or (c) of this	127874
section.	127875

(2) The director shall certify an energy project if all of	127876
the following circumstances exist:	127877

(a) The application was timely submitted.

127878

(b) For an energy project with a nameplate capacity of five	127879
megawatts or greater, a board of county commissioners of at least	127880
one county in which the project is located has adopted a	127881
resolution approving the application under division (E)(1)(b) or	127882
(c) of this section.	127883

(c) No portion of the project's facility was used to supply	127884
electricity before December 31, 2009.	127885

(3) The director shall deny a certification application if	127886
the director determines the person has failed to comply with any	127887
requirement under this section. The director may revoke a	127888
certification if the director determines the person, or subsequent	127889
owner or lessee pursuant to a sale and leaseback transaction of	127890
the qualified energy project, has failed to comply with any	127891
requirement under this section. Upon certification or revocation,	127892
the director shall notify the person, owner, or lessee, the tax	127893
commissioner, and the county auditor of a county in which the	127894
project is located of the certification or revocation. Notice	127895
shall be provided in a manner convenient to the director.	127896

(F) The owner or a lessee pursuant to a sale and leaseback	127897
transaction of a qualified energy project shall do each of the	127898
following:	127899

(1) Comply with all applicable regulations;

127900

(2) File with the director of development services a	127901
certified construction progress report before the first day of	127902
March of each year during the energy facility's construction or	127903
installation indicating the percentage of the project completed,	127904
and the project's nameplate capacity, as of the preceding	127905
thirty-first day of December. Unless otherwise instructed by the	127906
director of development services, the owner or lessee of an energy	127907
project shall file a report with the director on or before the	127908
first day of March each year after completion of the energy	127909
facility's construction or installation indicating the project's	127910
nameplate capacity as of the preceding thirty-first day of	127911
December. Not later than sixty days after June 17, 2010, the owner	127912
or lessee of an energy project, the construction of which was	127913
completed before June 17, 2010, shall file a certificate	127914
indicating the project's nameplate capacity.	127915

(3) File with the director of development services, in a	127916
manner prescribed by the director, a report of the total number of	127917
full-time equivalent employees, and the total number of full-time	127918
equivalent employees domiciled in Ohio, who are employed in the	127919
construction or installation of the energy facility;	127920

(4) For energy projects with a nameplate capacity of five	127921
megawatts or greater, repair all roads, bridges, and culverts	127922
affected by construction as reasonably required to restore them to	127923
their preconstruction condition, as determined by the county	127924
engineer in consultation with the local jurisdiction responsible	127925
for the roads, bridges, and culverts. In the event that the county	127926
engineer deems any road, bridge, or culvert to be inadequate to	127927
support the construction or decommissioning of the energy	127928
facility, the road, bridge, or culvert shall be rebuilt or	127929
reinforced to the specifications established by the county	127930
engineer prior to the construction or decommissioning of the	127931
facility. The owner or lessee of the facility shall post a bond in	127932
an amount established by the county engineer and to be held by the	127933
board of county commissioners to ensure funding for repairs of	127934
roads, bridges, and culverts affected during the construction. The	127935
bond shall be released by the board not later than one year after	127936
the date the repairs are completed. The energy facility owner or	127937
lessee pursuant to a sale and leaseback transaction shall post a	127938
bond, as may be required by the Ohio power siting board in the	127939
certificate authorizing commencement of construction issued	127940
pursuant to section 4906.10 of the Revised Code, to ensure funding	127941
for repairs to roads, bridges, and culverts resulting from	127942
decommissioning of the facility. The energy facility owner or	127943
lessee and the county engineer may enter into an agreement	127944
regarding specific transportation plans, reinforcements,	127945
modifications, use and repair of roads, financial security to be	127946
provided, and any other relevant issue.	127947

(5) Provide or facilitate training for fire and emergency	127948
responders for response to emergency situations related to the	127949
energy project and, for energy projects with a nameplate capacity	127950
of five megawatts or greater, at the person's expense, equip the	127951
fire and emergency responders with proper equipment as reasonably	127952
required to enable them to respond to such emergency situations;	127953

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	127954
employees employed in the construction or installation of the	127955
energy project to total full-time equivalent employees employed in	127956
the construction or installation of the energy project of not less	127957
than eighty per cent in the case of a solar energy project, and	127958
not less than fifty per cent in the case of any other energy	127959
project. In the case of an energy project for which certification	127960
from the power siting board is required under section 4906.20 of	127961
the Revised Code, the number of full-time equivalent employees	127962
employed in the construction or installation of the energy project	127963
equals the number actually employed or the number projected to be	127964
employed in the certificate application, if such projection is	127965
required under regulations adopted pursuant to section 4906.03 of	127966
the Revised Code, whichever is greater. For all other energy	127967
projects, the number of full-time equivalent employees employed in	127968
the construction or installation of the energy project equals the	127969
number actually employed or the number projected to be employed by	127970
the director of development services, whichever is greater. To	127971
estimate the number of employees to be employed in the	127972
construction or installation of an energy project, the director	127973
shall use a generally accepted job-estimating model in use for	127974
renewable energy projects, including but not limited to the job	127975
and economic development impact model. The director may adjust an	127976
estimate produced by a model to account for variables not	127977
accounted for by the model.	127978

(7) For energy projects with a nameplate capacity in excess	127979
of two megawatts, establish a relationship with a member of the	127980
university system of Ohio as defined in section 3345.011 of the	127981
Revised Code or with a person offering an apprenticeship program	127982
registered with the employment and training administration within	127983
the United States department of labor or with the apprenticeship	127984
council created by section 4139.02 of the Revised Code, to educate	127985
and train individuals for careers in the wind or solar energy	127986
industry. The relationship may include endowments, cooperative	127987
programs, internships, apprenticeships, research and development	127988
projects, and curriculum development.	127989

(8) Offer to sell power or renewable energy credits from the	127990
energy project to electric distribution utilities or electric	127991
service companies subject to renewable energy resource	127992
requirements under section 4928.64 of the Revised Code that have	127993
issued requests for proposal for such power or renewable energy	127994
credits. If no electric distribution utility or electric service	127995
company issues a request for proposal on or before December 31,	127996
2010, or accepts an offer for power or renewable energy credits	127997
within forty-five days after the offer is submitted, power or	127998
renewable energy credits from the energy project may be sold to	127999
other persons. Division (F)(8) of this section does not apply if:	128000

(a) The owner or lessee is a rural electric company or a	128001
municipal power agency as defined in section 3734.058 of the	128002
Revised Code.	128003

(b) The owner or lessee is a person that, before completion	128004
of the energy project, contracted for the sale of power or	128005
renewable energy credits with a rural electric company or a	128006
municipal power agency.	128007

(c) The owner or lessee contracts for the sale of power or	128008
renewable energy credits from the energy project before June 17,	128009
2010.	128010

(9) Make annual service payments as required by division (G)	128011
of this section and as may be required in a resolution adopted by	128012
a board of county commissioners under division (E) of this	128013
section.	128014

(G) The owner or a lessee pursuant to a sale and leaseback	128015
transaction of a qualified energy project shall make annual	128016
service payments in lieu of taxes to the county treasurer on or	128017
before the final dates for payments of taxes on public utility	128018
personal property on the real and public utility personal property	128019
tax list for each tax year for which property of the energy	128020
project is exempt from taxation under this section. The county	128021
treasurer shall allocate the payment on the basis of the project's	128022
physical location. Upon receipt of a payment, or if timely payment	128023
has not been received, the county treasurer shall certify such	128024
receipt or non-receipt to the director of development services and	128025
tax commissioner in a form determined by the director and	128026
commissioner, respectively. Each payment shall be in the following	128027
amount:	128028

(1) In the case of a solar energy project, seven thousand	128029
dollars per megawatt of nameplate capacity located in the county	128030
as of December 31, 2010, for tax year 2011, as of December 31,	128031
2011, for tax year 2012, as of December 31, 2012, for tax year	128032
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	128033
December 31, 2014, for tax year 2015, as of December 31, 2015, for	128034
tax year 2016, as of December 31, 2016, for tax year 2017, as of	128035
December 31, 2017, for tax year 2018, as of December 31, 2018, for	128036
tax year 2019, and as of December 31, 2019, for tax year 2020 and	128037
each tax year thereafter;	128038

(2) In the case of any other energy project using renewable	128039
energy resources, the following:	128040

(a) If the project maintains during the construction or	128041
installation of the energy facility a ratio of Ohio-domiciled	128042
full-time equivalent employees to total full-time equivalent	128043
employees of not less than seventy-five per cent, six thousand	128044
dollars per megawatt of nameplate capacity located in the county	128045
as of the thirty-first day of December of the preceding tax year;	128046

(b) If the project maintains during the construction or	128047
installation of the energy facility a ratio of Ohio-domiciled	128048
full-time equivalent employees to total full-time equivalent	128049
employees of less than seventy-five per cent but not less than	128050
sixty per cent, seven thousand dollars per megawatt of nameplate	128051
capacity located in the county as of the thirty-first day of	128052
December of the preceding tax year;	128053

(c) If the project maintains during the construction or	128054
installation of the energy facility a ratio of Ohio-domiciled	128055
full-time equivalent employees to total full-time equivalent	128056
employees of less than sixty per cent but not less than fifty per	128057
cent, eight thousand dollars per megawatt of nameplate capacity	128058
located in the county as of the thirty-first day of December of	128059
the preceding tax year.	128060

(3) In the case of an energy project using clean coal	128061
technology, advanced nuclear technology, or cogeneration	128062
technology, the following:	128063

(a) If the project maintains during the construction or	128064
installation of the energy facility a ratio of Ohio-domiciled	128065
full-time equivalent employees to total full-time equivalent	128066
employees of not less than seventy-five per cent, six thousand	128067
dollars per megawatt of nameplate capacity located in the county	128068
as of the thirty-first day of December of the preceding tax year;	128069

(b) If the project maintains during the construction or	128070
installation of the energy facility a ratio of Ohio-domiciled	128071
full-time equivalent employees to total full-time equivalent	128072
employees of less than seventy-five per cent but not less than	128073
sixty per cent, seven thousand dollars per megawatt of nameplate	128074
capacity located in the county as of the thirty-first day of	128075
December of the preceding tax year;	128076

(c) If the project maintains during the construction or	128077
installation of the energy facility a ratio of Ohio-domiciled	128078
full-time equivalent employees to total full-time equivalent	128079
employees of less than sixty per cent but not less than fifty per	128080
cent, eight thousand dollars per megawatt of nameplate capacity	128081
located in the county as of the thirty-first day of December of	128082
the preceding tax year.	128083

(H) The director of development services in consultation with	128084
the tax commissioner shall adopt rules pursuant to Chapter 119. of	128085
the Revised Code to implement and enforce this section.	128086

Sec. 5727.84. (A) As used in this section and sections	128087
5727.85, 5727.86, and 5727.87 of the Revised Code:	128088

(1) "School district" means a city, local, or exempted	128089
village school district.	128090

(2) "Joint vocational school district" means a joint	128091
vocational school district created under section 3311.16 of the	128092
Revised Code, and includes a cooperative education school district	128093
created under section 3311.52 or 3311.521 of the Revised Code and	128094
a county school financing district created under section 3311.50	128095
of the Revised Code.	128096

(3) "Local taxing unit" means a subdivision or taxing unit,	128097
as defined in section 5705.01 of the Revised Code, a park district	128098
created under Chapter 1545. of the Revised Code, or a township	128099
park district established under section 511.23 of the Revised	128100
Code, but excludes school districts and joint vocational school	128101
districts.	128102

(4) "State education aid," for a school district, means the	128103
following:	128104

(a) For fiscal years prior to fiscal year 2010, the sum of	128105
state aid amounts computed for the district under former sections	128106
3317.029, 3317.052, and 3317.053 of the Revised Code and the	128107
following provisions, as they existed for the applicable fiscal	128108
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	128109
3317.022; divisions (B), (C), and (D) of section 3317.023;	128110
divisions (G), (L), and (N) of section 3317.024; and sections	128111
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	128112
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	128113
division (C) of section 3310.08; division (C)(2) of section	128114
3310.41; division (C) of section 3314.08; division (D)(2) of	128115
section 3314.091; division (D) of former section 3314.13;	128116
divisions (E), (K), (L), (M), and (N) of section 3317.023;	128117
division (C) of section 3317.20; and sections 3313.979 and	128118
3313.981 of the Revised Code. However, when calculating state	128119
education aid for a school district for fiscal years 2008 and	128120
2009, include the amount computed for the district under Section	128121
269.20.80 of H.B. 119 of the 127th general assembly, as	128122
subsequently amended, instead of division (D) of section 3317.022	128123
of the Revised Code; and include amounts calculated under Section	128124
269.30.80 of H.B. 119 of the 127th general assembly, as	128125
subsequently amended.	128126

(b) For fiscal years 2010 and 2011, the sum of the amounts	128127
computed for the district under former sections 3306.052, 3306.12,	128128
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	128129
of the Revised Code and the following provisions, as they existed	128130
for the applicable fiscal year: division (G) of section 3317.024;	128131
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	128132
Code; and the adjustments required by division (C) of section	128133
3310.08; division (C)(2) of section 3310.41; division (C) of	128134
section 3314.08; division (D)(2) of section 3314.091; division (D)	128135
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	128136
of section 3317.023; division (C) of section 3317.20; and sections	128137
3313.979, 3313.981, and 3326.33 of the Revised Code.	128138

(c) For fiscal years 2012 and 2013, the amount paid in	128139
accordance with the section of H.B. 153 of the 129th general	128140
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	128141
SCHOOL DISTRICTS" and the adjustments required by division (C) of	128142
section 3310.08; division (C)(2) of section 3310.41; section	128143
3310.55; division (C) of section 3314.08; division (D)(2) of	128144
section 3314.091; division (D) of former section 3314.13;	128145
divisions (B), (H), (I), (J), and (K) of section 3317.023;	128146
division (C) of section 3317.20; and sections 3313.979 and	128147
3313.981 of the Revised Code;	128148

(d) For fiscal year 2014 and each fiscal year thereafter, the	128149
sum of amounts computed for and paid to the district under section	128150
3317.022 of the Revised Code; and the adjustments required by	128151
division (C) of section 3310.08, division (C)(2) of section	128152
3310.41, section 3310.55, division (C) of section 3314.08,	128153
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	128154
(K) of section 3317.023, and sections 3313.978, 3313.981,	128155
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	128156
However, for fiscal years 2014 and 2015, the amount computed for	128157
the district under the section of this act entitled "TRANSITIONAL	128158
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	128159
shall be included.	128160

(5) "State education aid," for a joint vocational school	128161
district, means the following:	128162

(a) For fiscal years prior to fiscal year 2010, the sum of	128163
the state aid amounts computed for the district under division (N)	128164
of section 3317.024 and section 3317.16 of the Revised Code.	128165
However, when calculating state education aid for a joint	128166
vocational school district for fiscal years 2008 and 2009, include	128167
the amount computed for the district under Section 269.30.90 of	128168
H.B. 119 of the 127th general assembly, as subsequently amended.	128169

(b) For fiscal years 2010 and 2011, the amount computed for	128170
the district in accordance with the section of H.B. 1 of the 128th	128171
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	128172
DISTRICTS"."	128173

(c) For fiscal years 2012 and 2013, the amount paid in	128174
accordance with the section of H.B. 153 of the 129th general	128175
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	128176

(d) For fiscal year 2014 and each fiscal year thereafter, the	128177
amount computed for the district under section 3317.16 of the	128178
Revised Code; except that, for fiscal years 2014 and 2015, the	128179
amount computed for the district under the section of this act	128180
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	128181
shall be included.	128182

(6) "State education aid offset" means the amount determined	128183
for each school district or joint vocational school district under	128184
division (A)(1) of section 5727.85 of the Revised Code.	128185

(7) "Recognized valuation" ~~has the same meaning as in~~means	128186
the amount computed for a school district pursuant to section	128187
~~3317.02~~3317.015 of the Revised Code.	128188

(8) "Electric company tax value loss" means the amount	128189
determined under division (D) of this section.	128190

(9) "Natural gas company tax value loss" means the amount	128191
determined under division (E) of this section.	128192

(10) "Tax value loss" means the sum of the electric company	128193
tax value loss and the natural gas company tax value loss.	128194

(11) "Fixed-rate levy" means any tax levied on property other	128195
than a fixed-sum levy.	128196

(12) "Fixed-rate levy loss" means the amount determined under	128197
division (G) of this section.	128198

(13) "Fixed-sum levy" means a tax levied on property at	128199
whatever rate is required to produce a specified amount of tax	128200
money or levied in excess of the ten-mill limitation to pay debt	128201
charges, and includes school district emergency levies charged and	128202
payable pursuant to section 5705.194 of the Revised Code.	128203

(14) "Fixed-sum levy loss" means the amount determined under	128204
division (H) of this section.	128205

(15) "Consumer price index" means the consumer price index	128206
(all items, all urban consumers) prepared by the bureau of labor	128207
statistics of the United States department of labor.	128208

(16) "Total resources" and "total library resources" have the	128209
same meanings as in section 5751.20 of the Revised Code.	128210

(17) "2011 current expense S.B. 3 allocation" means the sum	128211
of payments received by a school district or joint vocational	128212
school district in fiscal year 2011 for current expense levy	128213
losses pursuant to division (C)(2) of section 5727.85 of the	128214
Revised Code. If a fixed-rate levy eligible for reimbursement is	128215
not charged and payable in any year after tax year 2010, "2011	128216
current expense S.B. 3 allocation" used to compute payments to be	128217
made under division (C)(3) of section 5727.85 of the Revised Code	128218
in the tax years following the last year the levy is charged and	128219
payable shall be reduced to the extent that those payments are	128220
attributable to the fixed-rate levy loss of that levy.	128221

(18) "2010 current expense S.B. 3 allocation" means the sum	128222
of payments received by a municipal corporation in calendar year	128223
2010 for current expense levy losses pursuant to division (A)(1)	128224
of section 5727.86 of the Revised Code, excluding any such	128225
payments received for current expense levy losses attributable to	128226
a tax levied under section 5705.23 of the Revised Code. If a	128227
fixed-rate levy eligible for reimbursement is not charged and	128228
payable in any year after tax year 2010, "2010 current expense	128229
S.B. 3 allocation" used to compute payments to be made under	128230
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	128231
in the tax years following the last year the levy is charged and	128232
payable shall be reduced to the extent that those payments are	128233
attributable to the fixed-rate levy loss of that levy.	128234

(19) "2010 S.B. 3 allocation" means the sum of payments	128235
received by a local taxing unit during calendar year 2010 pursuant	128236
to division (A)(1) of section 5727.86 of the Revised Code,	128237
excluding any such payments received for fixed-rate levy losses	128238
attributable to a tax levied under section 5705.23 of the Revised	128239
Code. If a fixed-rate levy eligible for reimbursement is not	128240
charged and payable in any year after tax year 2010, "2010 S.B. 3	128241
allocation" used to compute payments to be made under division	128242
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	128243
years following the last year the levy is charged and payable	128244
shall be reduced to the extent that those payments are	128245
attributable to the fixed-rate levy loss of that levy.	128246

(20) "Total S.B. 3 allocation" means, in the case of a school	128247
district or joint vocational school district, the sum of the	128248
payments received in fiscal year 2011 pursuant to divisions (C)(2)	128249
and (D) of section 5727.85 of the Revised Code. In the case of a	128250
local taxing unit, "total S.B. 3 allocation" means the sum of	128251
payments received by the unit in calendar year 2010 pursuant to	128252
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	128253
excluding any such payments received for fixed-rate levy losses	128254
attributable to a tax levied under section 5705.23 of the Revised	128255
Code. If a fixed-rate levy eligible for reimbursement is not	128256
charged and payable in any year after tax year 2010, "total S.B. 3	128257
allocation" used to compute payments to be made under division	128258
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	128259
5727.86 of the Revised Code in the tax years following the last	128260
year the levy is charged and payable shall be reduced to the	128261
extent that those payments are attributable to the fixed-rate levy	128262
loss of that levy as would be computed under division (C)(2) of	128263
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	128264
Revised Code.	128265

(21) "2011 non-current expense S.B. 3 allocation" means the	128266
difference of a school district's or joint vocational school	128267
district's total S.B. 3 allocation minus the sum of the school	128268
district's 2011 current expense S.B. 3 allocation and the portion	128269
of the school district's total S.B. 3 allocation constituting	128270
reimbursement for debt levies pursuant to division (D) of section	128271
5727.85 of the Revised Code.	128272

(22) "2010 non-current expense S.B. 3 allocation" means the	128273
difference of a municipal corporation's total S.B. 3 allocation	128274
minus the sum of its 2010 current expense S.B. 3 allocation and	128275
the portion of its total S.B. 3 allocation constituting	128276
reimbursement for debt levies pursuant to division (A)(4) of	128277
section 5727.86 of the Revised Code.	128278

(23) "S.B. 3 allocation for library purposes" means, in the	128279
case of a county, municipal corporation, school district, or	128280
township public library that receives the proceeds of a tax levied	128281
under section 5705.23 of the Revised Code, the sum of the payments	128282
received by the public library in calendar year 2010 pursuant to	128283
section 5727.86 of the Revised Code for fixed-rate levy losses	128284
attributable to a tax levied under section 5705.23 of the Revised	128285
Code. If a fixed-rate levy authorized under section 5705.23 of the	128286
Revised Code that is eligible for reimbursement is not charged and	128287
payable in any year after tax year 2010, "S.B. 3 allocation for	128288
library purposes" used to compute payments to be made under	128289
division (A)(1)(f) of section 5727.86 of the Revised Code in the	128290
tax years following the last year the levy is charged and payable	128291
shall be reduced to the extent that those payments are	128292
attributable to the fixed-rate levy loss of that levy as would be	128293
computed under division (A)(1)(b) of section 5727.86 of the	128294
Revised Code.	128295

(24) "Threshold per cent" means, in the case of a school	128296
district or joint vocational school district, two per cent for	128297
fiscal year 2012 and four per cent for fiscal years 2013 and	128298
thereafter. In the case of a local taxing unit or public library	128299
that receives the proceeds of a tax levied under section 5705.23	128300
of the Revised Code, "threshold per cent" means two per cent for	128301
calendar year 2011, four per cent for calendar year 2012, and six	128302
per cent for calendar years 2013 and thereafter.	128303

(B) The kilowatt-hour tax receipts fund is hereby created in	128304
the state treasury and shall consist of money arising from the tax	128305
imposed by section 5727.81 of the Revised Code. All money in the	128306
kilowatt-hour tax receipts fund shall be credited as follows:	128307

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	128308
2001-2011	63.0%	25.4%	11.6%	128309
2012 and thereafter	88.0%	9.0%	3.0%	128310

(C) The natural gas tax receipts fund is hereby created in	128311
the state treasury and shall consist of money arising from the tax	128312
imposed by section 5727.811 of the Revised Code. All money in the	128313
fund shall be credited as follows:	128314

(1) For fiscal years before fiscal year 2012:

128315

(a) Sixty-eight and seven-tenths per cent shall be credited	128316
to the school district property tax replacement fund for the	128317
purpose of making the payments described in section 5727.85 of the	128318
Revised Code.	128319

(b) Thirty-one and three-tenths per cent shall be credited to	128320
the local government property tax replacement fund for the purpose	128321
of making the payments described in section 5727.86 of the Revised	128322
Code.	128323

(2) For fiscal years 2012 and thereafter, one hundred per	128324
cent to the general revenue fund.	128325

(D) Not later than January 1, 2002, the tax commissioner	128326
shall determine for each taxing district its electric company tax	128327
value loss, which is the sum of the applicable amounts described	128328
in divisions (D)(1) to (4) of this section:	128329

(1) The difference obtained by subtracting the amount	128330
described in division (D)(1)(b) from the amount described in	128331
division (D)(1)(a) of this section.	128332

(a) The value of electric company and rural electric company	128333
tangible personal property as assessed by the tax commissioner for	128334
tax year 1998 on a preliminary assessment, or an amended	128335
preliminary assessment if issued prior to March 1, 1999, and as	128336
apportioned to the taxing district for tax year 1998;	128337

(b) The value of electric company and rural electric company	128338
tangible personal property as assessed by the tax commissioner for	128339
tax year 1998 had the property been apportioned to the taxing	128340
district for tax year 2001, and assessed at the rates in effect	128341
for tax year 2001.	128342

(2) The difference obtained by subtracting the amount	128343
described in division (D)(2)(b) from the amount described in	128344
division (D)(2)(a) of this section.	128345

(a) The three-year average for tax years 1996, 1997, and 1998	128346
of the assessed value from nuclear fuel materials and assemblies	128347
assessed against a person under Chapter 5711. of the Revised Code	128348
from the leasing of them to an electric company for those	128349
respective tax years, as reflected in the preliminary assessments;	128350

(b) The three-year average assessed value from nuclear fuel	128351
materials and assemblies assessed under division (D)(2)(a) of this	128352
section for tax years 1996, 1997, and 1998, as reflected in the	128353
preliminary assessments, using an assessment rate of twenty-five	128354
per cent.	128355

(3) In the case of a taxing district having a nuclear power	128356
plant within its territory, any amount, resulting in an electric	128357
company tax value loss, obtained by subtracting the amount	128358
described in division (D)(1) of this section from the difference	128359
obtained by subtracting the amount described in division (D)(3)(b)	128360
of this section from the amount described in division (D)(3)(a) of	128361
this section.	128362

(a) The value of electric company tangible personal property	128363
as assessed by the tax commissioner for tax year 2000 on a	128364
preliminary assessment, or an amended preliminary assessment if	128365
issued prior to March 1, 2001, and as apportioned to the taxing	128366
district for tax year 2000;	128367

(b) The value of electric company tangible personal property	128368
as assessed by the tax commissioner for tax year 2001 on a	128369
preliminary assessment, or an amended preliminary assessment if	128370
issued prior to March 1, 2002, and as apportioned to the taxing	128371
district for tax year 2001.	128372

(4) In the case of a taxing district having a nuclear power	128373
plant within its territory, the difference obtained by subtracting	128374
the amount described in division (D)(4)(b) of this section from	128375
the amount described in division (D)(4)(a) of this section,	128376
provided that such difference is greater than ten per cent of the	128377
amount described in division (D)(4)(a) of this section.	128378

(a) The value of electric company tangible personal property	128379
as assessed by the tax commissioner for tax year 2005 on a	128380
preliminary assessment, or an amended preliminary assessment if	128381
issued prior to March 1, 2006, and as apportioned to the taxing	128382
district for tax year 2005;	128383

(b) The value of electric company tangible personal property	128384
as assessed by the tax commissioner for tax year 2006 on a	128385
preliminary assessment, or an amended preliminary assessment if	128386
issued prior to March 1, 2007, and as apportioned to the taxing	128387
district for tax year 2006.	128388

(E) Not later than January 1, 2002, the tax commissioner	128389
shall determine for each taxing district its natural gas company	128390
tax value loss, which is the sum of the amounts described in	128391
divisions (E)(1) and (2) of this section:	128392

(1) The difference obtained by subtracting the amount	128393
described in division (E)(1)(b) from the amount described in	128394
division (E)(1)(a) of this section.	128395

(a) The value of all natural gas company tangible personal	128396
property, other than property described in division (E)(2) of this	128397
section, as assessed by the tax commissioner for tax year 1999 on	128398
a preliminary assessment, or an amended preliminary assessment if	128399
issued prior to March 1, 2000, and apportioned to the taxing	128400
district for tax year 1999;	128401

(b) The value of all natural gas company tangible personal	128402
property, other than property described in division (E)(2) of this	128403
section, as assessed by the tax commissioner for tax year 1999 had	128404
the property been apportioned to the taxing district for tax year	128405
2001, and assessed at the rates in effect for tax year 2001.	128406

(2) The difference in the value of current gas obtained by	128407
subtracting the amount described in division (E)(2)(b) from the	128408
amount described in division (E)(2)(a) of this section.	128409

(a) The three-year average assessed value of current gas as	128410
assessed by the tax commissioner for tax years 1997, 1998, and	128411
1999 on a preliminary assessment, or an amended preliminary	128412
assessment if issued prior to March 1, 2001, and as apportioned in	128413
the taxing district for those respective years;	128414

(b) The three-year average assessed value from current gas	128415
under division (E)(2)(a) of this section for tax years 1997, 1998,	128416
and 1999, as reflected in the preliminary assessment, using an	128417
assessment rate of twenty-five per cent.	128418

(F) The tax commissioner may request that natural gas	128419
companies, electric companies, and rural electric companies file a	128420
report to help determine the tax value loss under divisions (D)	128421
and (E) of this section. The report shall be filed within thirty	128422
days of the commissioner's request. A company that fails to file	128423
the report or does not timely file the report is subject to the	128424
penalty in section 5727.60 of the Revised Code.	128425

(G) Not later than January 1, 2002, the tax commissioner	128426
shall determine for each school district, joint vocational school	128427
district, and local taxing unit its fixed-rate levy loss, which is	128428
the sum of its electric company tax value loss multiplied by the	128429
tax rate in effect in tax year 1998 for fixed-rate levies and its	128430
natural gas company tax value loss multiplied by the tax rate in	128431
effect in tax year 1999 for fixed-rate levies.	128432

(H) Not later than January 1, 2002, the tax commissioner	128433
shall determine for each school district, joint vocational school	128434
district, and local taxing unit its fixed-sum levy loss, which is	128435
the amount obtained by subtracting the amount described in	128436
division (H)(2) of this section from the amount described in	128437
division (H)(1) of this section:	128438

(1) The sum of the electric company tax value loss multiplied	128439
by the tax rate in effect in tax year 1998, and the natural gas	128440
company tax value loss multiplied by the tax rate in effect in tax	128441
year 1999, for fixed-sum levies for all taxing districts within	128442
each school district, joint vocational school district, and local	128443
taxing unit. For the years 2002 through 2006, this computation	128444
shall include school district emergency levies that existed in	128445
1998 in the case of the electric company tax value loss, and 1999	128446
in the case of the natural gas company tax value loss, and all	128447
other fixed-sum levies that existed in 1998 in the case of the	128448
electric company tax value loss and 1999 in the case of the	128449
natural gas company tax value loss and continue to be charged in	128450
the tax year preceding the distribution year. For the years 2007	128451
through 2016 in the case of school district emergency levies, and	128452
for all years after 2006 in the case of all other fixed-sum	128453
levies, this computation shall exclude all fixed-sum levies that	128454
existed in 1998 in the case of the electric company tax value loss	128455
and 1999 in the case of the natural gas company tax value loss,	128456
but are no longer in effect in the tax year preceding the	128457
distribution year. For the purposes of this section, an emergency	128458
levy that existed in 1998 in the case of the electric company tax	128459
value loss, and 1999 in the case of the natural gas company tax	128460
value loss, continues to exist in a year beginning on or after	128461
January 1, 2007, but before January 1, 2017, if, in that year, the	128462
board of education levies a school district emergency levy for an	128463
annual sum at least equal to the annual sum levied by the board in	128464
tax year 1998 or 1999, respectively, less the amount of the	128465
payment certified under this division for 2002.	128466

(2) The total taxable value in tax year 1999 less the tax	128467
value loss in each school district, joint vocational school	128468
district, and local taxing unit multiplied by one-fourth of one	128469
mill.	128470

If the amount computed under division (H) of this section for	128471
any school district, joint vocational school district, or local	128472
taxing unit is greater than zero, that amount shall equal the	128473
fixed-sum levy loss reimbursed pursuant to division (F) of section	128474
5727.85 of the Revised Code or division (A)(2) of section 5727.86	128475
of the Revised Code, and the one-fourth of one mill that is	128476
subtracted under division (H)(2) of this section shall be	128477
apportioned among all contributing fixed-sum levies in the	128478
proportion of each levy to the sum of all fixed-sum levies within	128479
each school district, joint vocational school district, or local	128480
taxing unit.	128481

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	128482
section, in computing the tax value loss, fixed-rate levy loss,	128483
and fixed-sum levy loss, the tax commissioner shall use the	128484
greater of the 1998 tax rate or the 1999 tax rate in the case of	128485
levy losses associated with the electric company tax value loss,	128486
but the 1999 tax rate shall not include for this purpose any tax	128487
levy approved by the voters after June 30, 1999, and the tax	128488
commissioner shall use the greater of the 1999 or the 2000 tax	128489
rate in the case of levy losses associated with the natural gas	128490
company tax value loss.	128491

(J) Not later than January 1, 2002, the tax commissioner	128492
shall certify to the department of education the tax value loss	128493
determined under divisions (D) and (E) of this section for each	128494
taxing district, the fixed-rate levy loss calculated under	128495
division (G) of this section, and the fixed-sum levy loss	128496
calculated under division (H) of this section. The calculations	128497
under divisions (G) and (H) of this section shall separately	128498
display the levy loss for each levy eligible for reimbursement.	128499

(K) Not later than September 1, 2001, the tax commissioner	128500
shall certify the amount of the fixed-sum levy loss to the county	128501
auditor of each county in which a school district with a fixed-sum	128502
levy loss has territory.	128503

Sec. 5727.89. (A) The tax commissioner may make an	128504
assessment, based on any information in the commissioner's	128505
possession, against any natural gas distribution company, electric	128506
distribution company, self-assessing purchaser, or qualified end	128507
user that fails to file a return or pay any tax, interest, or	128508
additional charge as required by sections 5727.80 to 5727.95 of	128509
the Revised Code.	128510

When information in the possession of the tax commissioner	128511
indicates that a person liable for the tax imposed by section	128512
5727.81 or 5727.811 of the Revised Code has not paid the full	128513
amount of tax due, the commissioner may audit a representative	128514
sample of the person's business and may issue an assessment based	128515
on the audit. The commissioner shall give the person assessed	128516
written notice of the assessment in the manner provided in section	128517
5703.37 of the Revised Code. With the notice, the commissioner	128518
shall provide instructions on how to petition for reassessment and	128519
request a hearing on the petition.	128520

The tax commissioner may issue an assessment for which the	128521
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	128522
due and unpaid on the date the person was informed by an agent of	128523
the tax commissioner of an investigation or audit of the person.	128524
Any payment of the tax for the period covered by the assessment,	128525
after the person is so informed, shall be credited against the	128526
assessment.	128527

A penalty of up to fifteen per cent may be added to all	128528
amounts assessed under this section. The commissioner may adopt	128529
rules providing for the imposition and remission of penalties.	128530

(B) Unless the party assessed files with the tax commissioner	128531
within sixty days after service of the notice of assessment,	128532
either personally or by certified mail, a written petition for	128533
reassessment signed by the party assessed or that party's	128534
authorized agent having knowledge of the facts, the assessment	128535
becomes final and the amount of the assessment is due and payable	128536
from the party assessed to the treasurer of state. The petition	128537
shall indicate the objections of the party assessed, but	128538
additional objections may be raised in writing if received by the	128539
commissioner prior to the date shown on the final determination.	128540
If the petition has been properly filed, the commissioner shall	128541
proceed under section 5703.60 of the Revised Code.	128542

(C) After an assessment becomes final, if any portion of the	128543
assessment, including accrued interest, remains unpaid, a	128544
certified copy of the tax commissioner's entry making the	128545
assessment final may be filed in the office of the clerk of the	128546
court of common pleas in the county in which the party assessed	128547
resides or in which the party's business is conducted. If the	128548
party assessed maintains no place of business in this state and is	128549
not a resident of this state, the certified copy of the entry may	128550
be filed in the office of the clerk of the court of common pleas	128551
of Franklin county.	128552

Immediately upon the filing of the entry, the clerk shall	128553
enter a judgment for the state against the person assessed in the	128554
amount shown on the entry. The judgment may be filed by the clerk	128555
in a loose-leaf book entitled "special judgments for the	128556
distribution excise taxes," and shall have the same effect as	128557
other judgments. Execution shall issue upon the judgment at the	128558
request of the tax commissioner, and all laws applicable to sales	128559
on execution shall apply to sales made under the judgment.	128560

~~The portion of~~If the assessment is not paid in its entirety	128561
within sixty days after the day the assessment was issued, the	128562
portion of the assessment consisting of tax due shall bear	128563
interest at the rate per annum prescribed by section 5703.47 of	128564
the Revised Code from the day the tax commissioner issues the	128565
assessment until the day the assessment is paid or until it is	128566
certified to the attorney general for collection under section	128567
131.02 of the Revised Code, whichever comes first. If the unpaid	128568
portion of the assessment is certified to the attorney general for	128569
collection, the entire unpaid portion of the assessment shall bear	128570
interest at the rate per annum prescribed by section 5703.47 of	128571
the Revised Code from the date of certification until the date it	128572
is paid in its entirety. Interest shall be paid in the same manner	128573
as the tax and may be collected by the issuance of an assessment	128574
under this section.	128575

(D) If the tax commissioner believes that collection of the	128576
tax imposed by section 5727.81 or 5727.811 of the Revised Code	128577
will be jeopardized unless proceedings to collect or secure	128578
collection of the tax are instituted without delay, the	128579
commissioner may issue a jeopardy assessment against the person	128580
liable for the tax. Immediately upon the issuance of the jeopardy	128581
assessment, the commissioner shall file an entry with the clerk of	128582
the court of common pleas in the manner prescribed by division (C)	128583
of this section. Notice of the jeopardy assessment shall be served	128584
on the party assessed or the party's legal representative within	128585
five days of the filing of the entry with the clerk. The total	128586
amount assessed is immediately due and payable, unless the party	128587
assessed files a petition for reassessment in accordance with	128588
division (B) of this section and provides security in a form	128589
satisfactory to the commissioner and in an amount sufficient to	128590
satisfy the unpaid balance of the assessment. Full or partial	128591
payment of the assessment does not prejudice the commissioner's	128592
consideration of the petition for reassessment.	128593

(E) All money collected by the tax commissioner under this	128594
section shall be paid to the treasurer of state, and when paid	128595
shall be considered as revenue arising from the taxes imposed by	128596
sections 5727.81 and 5727.811 of the Revised Code.	128597

Sec. 5728.10. (A) If any person required to file a fuel use	128598
tax return by sections 5728.01 to 5728.14 of the Revised Code,	128599
fails to file the return within the time prescribed by those	128600
sections, files an incomplete return, files an incorrect return,	128601
or fails to remit the full amount of the tax due for the period	128602
covered by the return, the tax commissioner may make an assessment	128603
against the person, based upon any information in the	128604
commissioner's possession, for the period for which the tax was	128605
due.	128606

No assessment shall be made against any person for any tax	128607
imposed by this chapter more than four years after the return date	128608
for the period for which the tax was due or more than four years	128609
after the return for the period was filed, whichever is later.	128610
This section does not bar an assessment against any person who	128611
fails to file a fuel use tax return as required by this chapter,	128612
or who files a fraudulent fuel use tax return.	128613

A penalty of up to fifteen per cent may be added to the	128614
amount of every assessment made pursuant to this section. The	128615
commissioner may adopt rules providing for the imposition and	128616
remission of penalties added to assessments made under this	128617
section.	128618

The commissioner shall give the party assessed written notice	128619
of the assessment in the manner provided in section 5703.37 of the	128620
Revised Code. With the notice, the commissioner shall provide	128621
instructions on how to petition for reassessment and request a	128622
hearing on the petition.	128623

(B) Unless the party assessed files with the tax commissioner	128624
within sixty days after service of the notice of assessment,	128625
either personally or by certified mail, a written petition for	128626
reassessment, signed by the party assessed, or by the party's	128627
authorized agent having knowledge of the facts, the assessment	128628
becomes final and the amount of the assessment is due and payable	128629
from the party assessed to the treasurer of state. The petition	128630
shall indicate the objections of the party assessed, but	128631
additional objections may be raised in writing if received by the	128632
commissioner prior to the date shown on the final determination.	128633
If the petition has been properly filed, the commissioner shall	128634
proceed under section 5703.60 of the Revised Code.	128635

(C) After an assessment becomes final, if any portion of the	128636
assessment remains unpaid, including accrued interest, a certified	128637
copy of the tax commissioner's entry making the assessment final	128638
may be filed in the office of the clerk of the court of common	128639
pleas in the county in which the party's place of business is	128640
located or the county in which the party assessed resides. If the	128641
party maintains no office in this state and is not a resident of	128642
this state, the certified copy of the entry may be filed in the	128643
office of the clerk of the court of common pleas of Franklin	128644
county.	128645

Immediately upon the filing of the entry, the clerk shall	128646
enter a judgment for the state of Ohio against the party assessed	128647
in the amount shown on the entry. The judgment may be filed by the	128648
clerk in a loose-leaf book entitled "special judgments for state	128649
fuel use tax," and shall have the same effect as other judgments.	128650
Execution shall issue upon the judgment upon the request of the	128651
commissioner, and all laws applicable to sales on execution shall	128652
apply to sales made under the judgment.	128653

~~The portion of~~If the assessment is not paid within sixty	128654
days after the day the assessment was issued, the portion of the	128655
assessment consisting of tax due shall bear interest at the rate	128656
per annum prescribed by section 5703.47 of the Revised Code from	128657
the day the commissioner issues the assessment until it is paid or	128658
until it is certified to the attorney general for collection under	128659
section 131.02 of the Revised Code, whichever comes first. If the	128660
unpaid portion of the assessment is certified to the attorney	128661
general for collection, the entire unpaid portion of the	128662
assessment shall bear interest at the rate per annum prescribed by	128663
section 5703.47 of the Revised Code from the date of certification	128664
until the date it is paid in its entirety. Interest shall be paid	128665
in the same manner as the tax and may be collected by the issuance	128666
of an assessment under this section.	128667

(D) All money collected by the tax commissioner under this	128668
section shall be paid into the state treasury in the same manner	128669
as the revenues deriving from the taxes imposed by section 5728.06	128670
of the Revised Code.	128671

Sec. 5729.03. (A) If the superintendent of insurance finds	128672
the annual statement required by section 5729.02 of the Revised	128673
Code to be correct, the superintendent shall compute the following	128674
amount, as applicable, of the balance of such gross amount, after	128675
deducting such return premiums and considerations received for	128676
reinsurance, and charge such amount to such company as a tax upon	128677
the business done by it in this state for the period covered by	128678
such annual statement:	128679

(1) If the company is a health insuring corporation, one per	128680
cent of the balance of premium rate payments received, exclusive	128681
of payments received under the medicare program ~~established under~~	128682
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	128683
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	128684
pursuant to the ~~medical assistance~~medicaid program ~~established~~	128685
~~under Chapter 5111. of the Revised Code~~ for the period ending	128686
September 30, 2009, as reflected in its annual report;	128687

(2) If the company is not a health insuring corporation, one	128688
and four-tenths per cent of the balance of premiums received,	128689
exclusive of premiums received under the medicare program	128690
~~established under Title XVIII of the "Social Security Act," 49~~	128691
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	128692
payments received pursuant to the ~~medical assistance~~medicaid	128693
program ~~established under Chapter 5111. of the Revised Code~~ for	128694
the period ending September 30, 2009, as reflected in its annual	128695
statement, and, if the company operates a health insuring	128696
corporation as a line of business, one per cent of the balance of	128697
premium rate payments received from that line of business,	128698
exclusive of payments received under the medicare program	128699
~~established under Title XVIII of the "Social Security Act," 49~~	128700
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	128701
payments received pursuant to the ~~medical assistance~~medicaid	128702
program ~~established under Chapter 5111. of the Revised Code~~ for	128703
the period ending September 30, 2009, as reflected in its annual	128704
statement.	128705

Each foreign insurance company, including health insuring	128706
corporations, receiving payments pursuant to the ~~medical~~	128707
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	128708
~~Revised Code~~ during the period beginning October 1, 2009, and	128709
ending December 31, 2009, shall file with the 2009 annual	128710
statement to the superintendent a schedule that reflects those	128711
payments received pursuant to the ~~medical assistance~~medicaid	128712
program for that period. The payments reflected in the schedule,	128713
plus all other taxable premiums, are subject to the annual	128714
franchise tax due to be paid in 2010.	128715

(B) Any insurance policies that were not issued in violation	128716
of Title XXXIX of the Revised Code and that were issued prior to	128717
April 15, 1967, by a life insurance company organized and operated	128718
without profit to any private shareholder or individual,	128719
exclusively for the purpose of aiding educational or scientific	128720
institutions organized and operated without profit to any private	128721
shareholder or individual, are not subject to the tax imposed by	128722
this section. All taxes collected pursuant to this section shall	128723
be credited to the general revenue fund.	128724

(C) In no case shall the tax imposed under this section be	128725
less than two hundred fifty dollars.	128726

Sec. 5729.17. (A) As used in this section, "certificate	128727
owner" has the same meaning as in section 149.311 of the Revised	128728
Code.	128729

(B) There is allowed a credit against the tax imposed by	128730
section 5729.03 of the Revised Code for an insurance company	128731
subject to that tax that is a certificate owner of a	128732
rehabilitation tax credit certificate issued under section 149.311	128733
of the Revised Code. The credit shall equal twenty-five per cent	128734
of the dollar amount indicated on the certificate, but the amount	128735
of the credit allowed for any company for any year shall not	128736
exceed ~~five~~ten million dollars. The credit shall be claimed in	128737
the calendar year specified in the certificate and in the order	128738
required under section 5729.98 of the Revised Code. If the credit	128739
exceeds the amount of tax otherwise due in that year, the excess	128740
shall be refunded to the company but, if any amount of the credit	128741
is refunded, the sum of the amount refunded and the amount applied	128742
to reduce the tax otherwise due in that year shall not exceed	128743
three million dollars. The company may carry forward any balance	128744
of the credit in excess of the amount claimed in that year for not	128745
more than five ensuing years, and shall deduct any amount claimed	128746
in any such year from the amount claimed in an ensuing year.	128747

(C) An insurance company claiming a credit under this section	128748
shall retain the rehabilitation tax credit certificate for four	128749
years following the end of the year in which the credit was	128750
claimed, and shall make the certificate available for inspection	128751
by the tax commissioner upon the request of the tax commissioner	128752
during that period.	128753

Sec. 5731.39. This section does not apply to, and the	128754
written permission of the tax commissioner is not required for	128755
asset transfers with respect to, decedents dying on or after	128756
January 1, 2013.	128757

(A) No corporation organized or existing under the laws of	128758
this state shall transfer on its books or issue a new certificate	128759
for any share of its capital stock registered in the name of a	128760
decedent, or in trust for a decedent, or in the name of a decedent	128761
and another person or persons, without the written consent of the	128762
tax commissioner.	128763

(B) No safe deposit company, trust company, financial	128764
institution as defined in division (A) of section 5725.01 of the	128765
Revised Code, or other corporation or person, having in	128766
possession, control, or custody a deposit standing in the name of	128767
a decedent, or in trust for a decedent, or in the name of a	128768
decedent and another person or persons, shall deliver or transfer	128769
an amount in excess of three-fourths of the total value of such	128770
deposit, including accrued interest and dividends, as of the date	128771
of decedent's death, without the written consent of the tax	128772
commissioner. The written consent of the tax commissioner need not	128773
be obtained prior to the delivery or transfer of amounts having a	128774
value of three-fourths or less of said total value.	128775

(C) No life insurance company shall pay the proceeds of an	128776
annuity or matured endowment contract, or of a life insurance	128777
contract payable to the estate of a decedent, or of any other	128778
insurance contract taxable under Chapter 5731. of the Revised	128779
Code, without the written consent of the tax commissioner. Any	128780
life insurance company may pay the proceeds of any insurance	128781
contract not specified in this division (C) without the written	128782
consent of the tax commissioner.	128783

(D) No trust company or other corporation or person shall pay	128784
the proceeds of any death benefit, retirement, pension, or	128785
profit-sharing plan in excess of two thousand dollars, without the	128786
written consent of the tax commissioner. Such trust company or	128787
other corporation or person, however, may pay the proceeds of any	128788
death benefit, retirement, pension, or profit-sharing plan which	128789
consists of insurance on the life of the decedent payable to a	128790
beneficiary other than the estate of the insured without the	128791
written consent of the tax commissioner.	128792

(E) No safe deposit company, trust company, financial	128793
institution as defined in division (A) of section 5725.01 of the	128794
Revised Code, or other corporation or person, having in	128795
possession, control, or custody securities, assets, or other	128796
property (including the shares of the capital stock of, or other	128797
interest in, such safe deposit company, trust company, financial	128798
institution as defined in division (A) of section 5725.01 of the	128799
Revised Code, or other corporation), standing in the name of a	128800
decedent, or in trust for a decedent, or in the name of a decedent	128801
and another person or persons, and the transfer of which is	128802
taxable under Chapter 5731. of the Revised Code, shall deliver or	128803
transfer any such securities, assets, or other property which have	128804
a value as of the date of decedent's death in excess of	128805
three-fourths of the total value thereof, without the written	128806
consent of the tax commissioner. The written consent of the tax	128807
commissioner need not be obtained prior to the delivery or	128808
transfer of any such securities, assets, or other property having	128809
a value of three-fourths or less of said total value.	128810

(F) No safe deposit company, financial institution as defined	128811
in division (A) of section 5725.01 of the Revised Code, or other	128812
corporation or person having possession or control of a safe	128813
deposit box or similar receptacle standing in the name of a	128814
decedent or in the name of the decedent and another person or	128815
persons, or to which the decedent had a right of access, except	128816
when such safe deposit box or other receptacle stands in the name	128817
of a corporation or partnership, or in the name of the decedent as	128818
guardian or executor, shall deliver any of the contents thereof	128819
unless the safe deposit box or similar receptacle has been opened	128820
and inventoried in the presence of the tax commissioner or the	128821
commissioner's agent, and a written consent to transfer issued;	128822
provided, however, that a safe deposit company, financial	128823
institution, or other corporation or person having possession or	128824
control of a safe deposit box may deliver wills, deeds to burial	128825
lots, and insurance policies to a representative of the decedent,	128826
but that a representative of the safe deposit company, financial	128827
institution, or other corporation or person must supervise the	128828
opening of the box and make a written record of the wills, deeds,	128829
and policies removed. Such written record shall be included in the	128830
tax commissioner's inventory records.	128831

(G) Notwithstanding any provision of this section:

128832

(1) The tax commissioner may authorize any delivery or	128833
transfer or waive any of the foregoing requirements under such	128834
terms and conditions as the commissioner may prescribe;	128835

(2) A home, as defined in section 3721.10 of the Revised	128836
Code, or a residential facility licensed under section ~~5119.22~~	128837
5119.34 of the Revised Code that provides accommodations,	128838
supervision, and personal care services for three to sixteen	128839
unrelated adults, may transfer or use the money in a personal	128840
needs allowance account in accordance with section ~~5111.113~~	128841
5162.22 of the Revised Code without the written consent of the tax	128842
commissioner, and without the account having been opened and	128843
inventoried in the presence of the commissioner or the	128844
commissioner's agent.	128845

Failure to comply with this section shall render such safe	128846
deposit company, trust company, life insurance company, financial	128847
institution as defined in division (A) of section 5725.01 of the	128848
Revised Code, or other corporation or person liable for the amount	128849
of the taxes and interest due under the provisions of Chapter	128850
5731. of the Revised Code on the transfer of such stock, deposit,	128851
proceeds of an annuity or matured endowment contract or of a life	128852
insurance contract payable to the estate of a decedent, or other	128853
insurance contract taxable under Chapter 5731. of the Revised	128854
Code, proceeds of any death benefit, retirement, pension, or	128855
profit-sharing plan in excess of two thousand dollars, or	128856
securities, assets, or other property of any resident decedent,	128857
and in addition thereto, to a penalty of not less than five	128858
hundred or more than five thousand dollars.	128859

Sec. 5733.01. (A) The tax provided by this chapter for	128860
domestic corporations shall be the amount charged against each	128861
corporation organized for profit under the laws of this state and	128862
each nonprofit corporation organized pursuant to Chapter 1729. of	128863
the Revised Code, except as provided in sections 5733.09 and	128864
5733.10 of the Revised Code, for the privilege of exercising its	128865
franchise during the calendar year in which that amount is	128866
payable, and the tax provided by this chapter for foreign	128867
corporations shall be the amount charged against each corporation	128868
organized for profit and each nonprofit corporation organized or	128869
operating in the same or similar manner as nonprofit corporations	128870
organized under Chapter 1729. of the Revised Code, under the laws	128871
of any state or country other than this state, except as provided	128872
in sections 5733.09 and 5733.10 of the Revised Code, for the	128873
privilege of doing business in this state, owning or using a part	128874
or all of its capital or property in this state, holding a	128875
certificate of compliance with the laws of this state authorizing	128876
it to do business in this state, or otherwise having nexus in or	128877
with this state under the Constitution of the United States,	128878
during the calendar year in which that amount is payable.	128879

(B) A corporation is subject to the tax imposed by section	128880
5733.06 of the Revised Code for each calendar year prior to 2014	128881
that it is so organized, doing business, owning or using a part or	128882
all of its capital or property, holding a certificate of	128883
compliance, or otherwise having nexus in or with this state under	128884
the Constitution of the United States, on the first day of January	128885
of that calendar year. No credit authorized by this chapter may be	128886
claimed for tax year 2014 or any tax year thereafter.	128887

(C) Any corporation subject to this chapter that is not	128888
subject to the federal income tax shall file its returns and	128889
compute its tax liability as required by this chapter in the same	128890
manner as if that corporation were subject to the federal income	128891
tax.	128892

(D) For purposes of this chapter, a federally chartered	128893
financial institution shall be deemed to be organized under the	128894
laws of the state within which its principal office is located.	128895

(E) For purposes of this chapter, any person, as defined in	128896
section 5701.01 of the Revised Code, shall be treated as a	128897
corporation if the person is classified for federal income tax	128898
purposes as an association taxable as a corporation, and an equity	128899
interest in the person shall be treated as capital stock of the	128900
person.	128901

(F) For the purposes of this chapter, "disregarded entity"	128902
has the same meaning as in division (D) of section 5745.01 of the	128903
Revised Code.	128904

(1) A person's interest in a disregarded entity, whether held	128905
directly or indirectly, shall be treated as the person's ownership	128906
of the assets and liabilities of the disregarded entity, and the	128907
income, including gain or loss, shall be included in the person's	128908
net income under this chapter.	128909

(2) Any sale, exchange, or other disposition of the person's	128910
interest in the disregarded entity, whether held directly or	128911
indirectly, shall be treated as a sale, exchange, or other	128912
disposition of the person's share of the disregarded entity's	128913
underlying assets or liabilities, and the gain or loss from such	128914
sale, exchange, or disposition shall be included in the person's	128915
net income under this chapter.	128916

(3) The disregarded entity's payroll, property, and sales	128917
factors shall be included in the person's factors.	128918

(G) The tax a corporation is required to pay under this	128919
chapter shall be as follows:	128920

(1)(a) For financial institutions, the greater of the minimum	128921
payment required under division (E) of section 5733.06 of the	128922
Revised Code or the difference between all taxes charged the	128923
financial institution under this chapter, without regard to	128924
division (G)(2) of this section, less any credits allowable	128925
against such tax.	128926

(b) A corporation satisfying the description in division	128927
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	128928
Code, as that section existed before its amendment by H.B. 510 of	128929
the 129th general assembly, that is not a financial institution,	128930
insurance company, or dealer in intangibles is subject to the	128931
taxes imposed under this chapter as a corporation and not subject	128932
to tax as a financial institution, and shall pay the greater of	128933
the minimum payment required under division (E) of section 5733.06	128934
of the Revised Code or the difference between all the taxes	128935
charged under this chapter, without regard to division (G)(2) of	128936
this section, less any credits allowable against such tax.	128937

(2) For all corporations other than those persons described	128938
in division (G)(1)(a) or (b) of this section, the amount under	128939
division (G)(2)(a) of this section applicable to the tax year	128940
specified less the amount under division (G)(2)(b) of this	128941
section:	128942

(a)(i) For tax year 2005, the greater of the minimum payment	128943
required under division (E) of section 5733.06 of the Revised Code	128944
or the difference between all taxes charged the corporation under	128945
this chapter and any credits allowable against such tax;	128946

(ii) For tax year 2006, the greater of the minimum payment	128947
required under division (E) of section 5733.06 of the Revised Code	128948
or four-fifths of the difference between all taxes charged the	128949
corporation under this chapter and any credits allowable against	128950
such tax, except the qualifying pass-through entity tax credit	128951
described in division (A)(30) and the refundable credits described	128952
in divisions (A)(31) to (35) of section 5733.98 of the Revised	128953
Code;	128954

(iii) For tax year 2007, the greater of the minimum payment	128955
required under division (E) of section 5733.06 of the Revised Code	128956
or three-fifths of the difference between all taxes charged the	128957
corporation under this chapter and any credits allowable against	128958
such tax, except the qualifying pass-through entity tax credit	128959
described in division (A)(30) and the refundable credits described	128960
in divisions (A)(31) to (35) of section 5733.98 of the Revised	128961
Code;	128962

(iv) For tax year 2008, the greater of the minimum payment	128963
required under division (E) of section 5733.06 of the Revised Code	128964
or two-fifths of the difference between all taxes charged the	128965
corporation under this chapter and any credits allowable against	128966
such tax, except the qualifying pass-through entity tax credit	128967
described in division (A)(30) and the refundable credits described	128968
in divisions (A)(31) to (35) of section 5733.98 of the Revised	128969
Code;	128970

(v) For tax year 2009, the greater of the minimum payment	128971
required under division (E) of section 5733.06 of the Revised Code	128972
or one-fifth of the difference between all taxes charged the	128973
corporation under this chapter and any credits allowable against	128974
such tax, except the qualifying pass-through entity tax credit	128975
described in division (A)(30) and the refundable credits described	128976
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	128977
the Revised Code;	128978

(vi) For tax year 2010 and each tax year thereafter, no tax.

128979

(b) A corporation shall subtract from the amount calculated	128980
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	128981
any qualifying pass-through entity tax credit described in	128982
division (A)(30) and any refundable credits described in divisions	128983
(A)(31) to (35) of section 5733.98 of the Revised Code to which	128984
the corporation is entitled. Any unused qualifying pass-through	128985
entity tax credit is not refundable.	128986

(c) For the purposes of computing the amount of a credit that	128987
may be carried forward to a subsequent tax year under division	128988
(G)(2) of this section, a credit is utilized against the tax for a	128989
tax year to the extent the credit applies against the tax for that	128990
tax year, even if the difference is then multiplied by the	128991
applicable fraction under division (G)(2)(a) of this section.	128992

(d) References in division (G)(2) of this section to section	128993
5733.98 of the Revised Code is to that section before its	128994
amendment by H.B. 59 of the 130th general assembly.	128995

(3) Nothing in division (G) of this section eliminates or	128996
reduces the tax imposed by section 5733.41 of the Revised Code on	128997
a qualifying pass-through entity.	128998

Sec. 5733.06. For tax years prior to tax year 2014, the tax	128999
hereby charged each corporation subject to this chapter shall be	129000
the greater of the sum of divisions (A) and (B) of this section,	129001
after the reduction, if any, provided by division (J) of this	129002
section, or division (C) of this section, after the reduction, if	129003
any, provided by division (J) of this section, except that the tax	129004
hereby charged each financial institution subject to this chapter	129005
shall be the amount computed under division (D) of this section:	129006

(A) Except as set forth in division (F) of this section, five	129007
and one-tenth per cent upon the first fifty thousand dollars of	129008
the value of the taxpayer's issued and outstanding shares of stock	129009
as determined under division (B) of section 5733.05 of the Revised	129010
Code;	129011

(B) Except as set forth in division (F) of this section,	129012
eight and one-half per cent upon the value so determined in excess	129013
of fifty thousand dollars; or	129014

(C)(1) Except as otherwise provided under division (G) of	129015
this section, four mills times that portion of the value of the	129016
issued and outstanding shares of stock as determined under	129017
division (C) of section 5733.05 of the Revised Code. For the	129018
purposes of division (C) of this section, division (C)(2) of	129019
section 5733.065, and division (C) of section 5733.066 of the	129020
Revised Code, the value of the issued and outstanding shares of	129021
stock of an eligible corporation for tax year 2003 through tax	129022
year 2007, or of a qualifying holding company, is zero.	129023

(2) As used in division (C) of this section, "eligible	129024
corporation" means a person treated as a corporation for federal	129025
income tax purposes that meets all of the following criteria:	129026

(a) The corporation conducts business for an entire taxable	129027
year as a qualified trade or business as defined by division (C)	129028
of section 122.15 of the Revised Code, as that section existed	129029
before its repeal by H.B. 59 of the 130th general assembly.	129030

(b) The corporation uses more than fifty per cent of the	129031
corporation's assets, based on net book value, that are located in	129032
Ohio solely to conduct activities that constitute a qualified	129033
trade or business as defined by section 122.15 of the Revised	129034
Code, as that section existed before its repeal by H.B. 59 of the	129035
130th general assembly.	129036

(c) The corporation has been formed or organized not more	129037
than three years before the report required to be filed by section	129038
5733.02 of the Revised Code is due, without regard to any	129039
extensions.	129040

(d) The corporation is not a related member, as defined in	129041
section 5733.042 of the Revised Code, at any time during the	129042
taxable year with respect to another person treated as a	129043
corporation for federal income tax purposes. A corporation is not	129044
a related member if during the entire taxable year at least	129045
seventy-five per cent of the corporation's stock is owned directly	129046
or through a pass-through entity by individuals, estates, and	129047
grantor trusts, and the individuals, estates, and grantor trusts	129048
do not directly or indirectly own more than twenty per cent of the	129049
value of another person treated as a corporation for federal	129050
income tax purposes that is conducting a qualified trade or	129051
business.	129052

(D) The tax charged each financial institution subject to	129053
this chapter shall be that portion of the value of the issued and	129054
outstanding shares of stock as determined under division (A) of	129055
section 5733.05 of the Revised Code, multiplied by the following	129056
amounts:	129057

(1) For tax years prior to the 1999 tax year, fifteen mills;

129058

(2) For the 1999 tax year, fourteen mills;

129059

(3) For tax year 2000 and thereafter, thirteen mills.

129060

(E) No tax shall be charged from any corporation that has	129061
been adjudicated bankrupt, or for which a receiver has been	129062
appointed, or that has made a general assignment for the benefit	129063
of creditors, except for the portion of the then current tax year	129064
during which the tax commissioner finds such corporation had the	129065
power to exercise its corporate franchise unimpaired by such	129066
proceedings or act. The minimum payment for each corporation shall	129067
be as follows:	129068

(1) One thousand dollars in the case of a corporation having	129069
gross receipts for the taxable year equal to at least five million	129070
dollars from activities within or outside this state or in the	129071
case of a corporation employing at least three hundred employees	129072
at some time during the taxable year within or outside this state;	129073

(2) Fifty dollars in the case of any other corporation.

129074

The tax charged to corporations under this chapter for the	129075
privilege of engaging in business in this state, which is an	129076
excise tax levied on the value of the issued and outstanding	129077
shares of stock, shall in no manner be construed as prohibiting or	129078
otherwise limiting the powers of municipal corporations, joint	129079
economic development zones created under section 715.691 of the	129080
Revised Code, and joint economic development districts created	129081
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	129082
Revised Code in this state to impose an income tax on the income	129083
of such corporations.	129084

(F) If two or more taxpayers satisfy the ownership or control	129085
requirements of division (A) of section 5733.052 of the Revised	129086
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	129087
amount" for "fifty thousand dollars" in divisions (A) and (B) of	129088
this section. For purposes of this division, "the taxpayer's	129089
pro-rata amount" is an amount that, when added to the other such	129090
taxpayers' pro-rata amounts, does not exceed fifty thousand	129091
dollars. For the purpose of making that computation, the	129092
taxpayer's pro-rata amount shall not be less than zero. Nothing in	129093
this division derogates from or eliminates the requirement to make	129094
the alternative computation of tax under division (C) of this	129095
section.	129096

(G) The tax liability of any corporation under division (C)	129097
of this section shall not exceed one hundred fifty thousand	129098
dollars.	129099

(H)(1) For the purposes of division (H) of this section,	129100
"exiting corporation" means a corporation that satisfies all of	129101
the following conditions:	129102

(a) The corporation had nexus with or in this state under the	129103
Constitution of the United States during any portion of a calendar	129104
year;	129105

(b) The corporation was not a corporation described in	129106
division (A) of section 5733.01 of the Revised Code on the first	129107
day of January immediately following that calendar year;	129108

(c) The corporation was not a financial institution on the	129109
first day of January immediately following that calendar year;	129110

(d) If the corporation was a transferor as defined in section	129111
5733.053 of the Revised Code, the corporation's transferee was not	129112
required to add to the transferee's net income the income of the	129113
transferor pursuant to division (B) of that section;	129114

(e) During any portion of that calendar year, or any portion	129115
of the immediately preceding calendar year, the corporation had	129116
net income that was not included in a report filed by the	129117
corporation or its transferee pursuant to section 5733.02,	129118
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	129119

(f) The corporation would have been subject to the tax	129120
computed under divisions (A), (B), (C), (F), and (G) of this	129121
section if the corporation is assumed to be a corporation	129122
described in division (A) of section 5733.01 of the Revised Code	129123
on the first day of January immediately following the calendar	129124
year to which division (H)(1)(a) of this section refers.	129125

(2) For the purposes of division (H) of this section,	129126
"unreported net income" means net income that was not previously	129127
included in a report filed pursuant to section 5733.02, 5733.021,	129128
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	129129
realized or recognized during the calendar year to which division	129130
(H)(1) of this section refers or the immediately preceding	129131
calendar year.	129132

(3) Each exiting corporation shall pay a tax computed by	129133
first allocating and apportioning the unreported net income	129134
pursuant to division (B) of section 5733.05 and section 5733.051	129135
and, if applicable, section 5733.052 of the Revised Code. The	129136
exiting corporation then shall compute the tax due on its	129137
unreported net income allocated and apportioned to this state by	129138
applying divisions (A), (B), and (F) of this section to that	129139
income.	129140

(4) Divisions (C) and (G) of this section, division (D)(2) of	129141
section 5733.065, and division (C) of section 5733.066 of the	129142
Revised Code do not apply to an exiting corporation, but exiting	129143
corporations are subject to every other provision of this chapter.	129144

(5) Notwithstanding division (B) of section 5733.01 or	129145
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	129146
contrary, each exiting corporation shall report and pay the tax	129147
due under division (H) of this section on or before the	129148
thirty-first day of May immediately following the calendar year to	129149
which division (H)(1)(a) of this section refers. The exiting	129150
corporation shall file that report on the form most recently	129151
prescribed by the tax commissioner for the purposes of complying	129152
with sections 5733.02 and 5733.03 of the Revised Code. Upon	129153
request by the corporation, the tax commissioner may extend the	129154
date for filing the report.	129155

(6) If, on account of the application of section 5733.053 of	129156
the Revised Code, net income is subject to the tax imposed by	129157
divisions (A) and (B) of this section, such income shall not be	129158
subject to the tax imposed by division (H)(3) of this section.	129159

(7) The amendments made to division (H) of this section by	129160
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	129161
any transfer, as defined in section 5733.053 of the Revised Code,	129162
for which negotiations began prior to January 1, 2001, and that	129163
was commenced in and completed during calendar year 2001, unless	129164
the taxpayer makes an election prior to December 31, 2001, to	129165
apply those amendments.	129166

(8) The tax commissioner may adopt rules governing division	129167
(H) of this section.	129168

(I) Any reference in the Revised Code to "the tax imposed by	129169
section 5733.06 of the Revised Code" or "the tax due under section	129170
5733.06 of the Revised Code" includes the taxes imposed under	129171
sections 5733.065 and 5733.066 of the Revised Code.	129172

(J)(1) Division (J) of this section applies solely to a	129173
combined company. Section 5733.057 of the Revised Code shall apply	129174
when calculating the adjustments required by division (J) of this	129175
section.	129176

(2) Subject to division (J)(4) of this section, the total tax	129177
calculated in divisions (A) and (B) of this section shall be	129178
reduced by an amount calculated by multiplying such tax by a	129179
fraction, the numerator of which is the total taxable gross	129180
receipts attributed to providing public utility activity other	129181
than as an electric company under section 5727.03 of the Revised	129182
Code for the year upon which the taxable gross receipts are	129183
measured immediately preceding the tax year, and the denominator	129184
of which is the total gross receipts from all sources for the year	129185
upon which the taxable gross receipts are measured immediately	129186
preceding the tax year. Nothing herein shall be construed to	129187
exclude from the denominator any item of income described in	129188
section 5733.051 of the Revised Code.	129189

(3) Subject to division (J)(4) of this section, the total tax	129190
calculated in division (C) of this section shall be reduced by an	129191
amount calculated by multiplying such tax by the fraction	129192
described in division (J)(2) of this section.	129193

(4) In no event shall the reduction provided by division	129194
(J)(2) or (J)(3) of this section exceed the amount of the excise	129195
tax paid in accordance with section 5727.38 of the Revised Code,	129196
for the year upon which the taxable gross receipts are measured	129197
immediately preceding the tax year.	129198

Sec. 5733.11. (A) If any corporation required to file a	129199
report under this chapter fails to file the report within the time	129200
prescribed, files an incorrect report, or fails to remit the full	129201
amount of the tax due for the period covered by the report, the	129202
tax commissioner may make an assessment against the corporation	129203
for any deficiency for the period for which the report or tax is	129204
due, based upon any information in the commissioner's possession.	129205

No assessment shall be made or issued against a corporation	129206
more than three years after the later of the final date the report	129207
subject to assessment was required to be filed or the date the	129208
report was filed. Such time limit may be extended if both the	129209
corporation and the commissioner consent in writing to the	129210
extension or if an agreement waiving or extending the time limit	129211
has been entered into pursuant to section 122.171 of the Revised	129212
Code. Any such extension shall extend the three-year time limit in	129213
division (B) of section 5733.12 of the Revised Code for the same	129214
period of time. There shall be no bar or limit to an assessment	129215
against a corporation that fails to file a report subject to	129216
assessment as required by this chapter, or that files a fraudulent	129217
report.	129218

The commissioner shall give the corporation assessed written	129219
notice of the assessment in the manner provided in section 5703.37	129220
of the Revised Code. With the notice, the commissioner shall	129221
provide instructions on how to petition for reassessment and	129222
request a hearing on the petition.	129223

(B) Unless the corporation assessed files with the tax	129224
commissioner within sixty days after service of the notice of	129225
assessment, either personally or by certified mail, a written	129226
petition for reassessment, signed by the ~~corporations~~	129227
corporation's authorized agent having knowledge of the facts,, the	129228
assessment becomes final, and the amount of the assessment is due	129229
and payable from the corporation assessed to the treasurer of	129230
state. The petition shall indicate the corporation's objections,	129231
but additional objections may be raised in writing if received by	129232
the commissioner prior to the date shown on the final	129233
determination. If the petition has been properly filed, the	129234
commissioner shall proceed under section 5703.60 of the Revised	129235
Code.	129236

(C) After an assessment becomes final, if any portion of the	129237
assessment remains unpaid, including accrued interest, a certified	129238
copy of the tax commissioner's entry making the assessment final	129239
may be filed in the office of the clerk of the court of common	129240
pleas in the county in which the corporation has an office or	129241
place of business in this state, the county in which the	129242
corporation's statutory agent is located, or Franklin county.	129243

Immediately upon the filing of the entry, the clerk shall	129244
enter a judgment against the corporation assessed in the amount	129245
shown on the entry. The judgment may be filed by the clerk in a	129246
loose-leaf book entitled "special judgments for state corporate	129247
franchise and litter taxes," and shall have the same effect as	129248
other judgments. Execution shall issue upon the judgment upon the	129249
request of the tax commissioner, and all laws applicable to sales	129250
on execution shall apply to sales made under the judgment.	129251

~~The portion of an~~If the assessment is not paid within sixty	129252
days after the day the assessment was issued, the portion of the	129253
assessment consisting of tax due shall bear interest at the rate	129254
per annum prescribed by section 5703.47 of the Revised Code from	129255
the day the tax commissioner issues the assessment until the	129256
assessment is paid or until it is certified to the attorney	129257
general for collection under section 131.02 of the Revised Code,	129258
whichever comes first. If the unpaid portion of the assessment is	129259
certified to the attorney general for collection, the entire	129260
unpaid portion of the assessment shall bear interest at the rate	129261
per annum prescribed by section 5703.47 of the Revised Code from	129262
the date of certification until the date it is paid in its	129263
entirety. Interest shall be paid in the same manner as the tax and	129264
may be collected by issuing an assessment under this section.	129265

(D) All money collected under this section shall be	129266
considered as revenue arising from the taxes imposed by this	129267
chapter.	129268

(E) The portion of an assessment that must be paid upon the	129269
filing of a petition for reassessment shall be as follows:	129270

(1) If the sole item objected to is the assessed penalty or	129271
interest, payment of the assessment, including interest but not	129272
penalty, is required;	129273

(2) If the corporation assessed failed to file, prior to the	129274
date of issuance of the assessment, the annual report required by	129275
section 5733.02 of the Revised Code, any amended report required	129276
by division (C) of section 5733.031 of the Revised Code for the	129277
tax year at issue, or any amended report required by division (D)	129278
of section 5733.067 of the Revised Code to indicate a reduction in	129279
the amount of the credit provided under that section, payment of	129280
the assessment, including interest but not penalty, is required;	129281

(3) If the corporation assessed filed, prior to the date of	129282
issuance of the assessment, the annual report required by section	129283
5733.02 of the Revised Code, all amended reports required by	129284
division (C) of section 5733.031 of the Revised Code for the tax	129285
year at issue, and all amended reports required by division (D) of	129286
section 5733.067 of the Revised Code to indicate a reduction in	129287
the amount of the credit provided under that section, and a	129288
balance of the taxes shown due on the reports as computed on the	129289
reports remains unpaid, payment of only that portion of the	129290
assessment representing the unpaid balance of tax and interest is	129291
required;	129292

(4) If the corporation assessed does not dispute that it is a	129293
taxpayer but claims the protections of section 101 of Public Law	129294
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	129295
that portion of the assessment representing any balance of taxes	129296
shown due on the corporation's annual report required by section	129297
5733.02 of the Revised Code, as computed on the report, that	129298
remains unpaid, and that represents taxes imposed by division (C)	129299
of section 5733.06, division (C)(2) of section 5733.065, and	129300
division (C) of section 5733.066 of the Revised Code, together	129301
with all related interest, is required;	129302

(5) If none of the conditions specified in divisions (E)(1)	129303
to (4) of this section apply, or if the corporation assessed	129304
disputes that it is a taxpayer, no payment is required.	129305

(F) Notwithstanding the fact that a petition for reassessment	129306
is pending, the corporation may pay all or a portion of the	129307
assessment that is the subject of the petition. The acceptance of	129308
a payment by the treasurer of state does not prejudice any claim	129309
for refund upon final determination of the petition.	129310

If upon final determination of the petition an error in the	129311
assessment is corrected by the tax commissioner, upon petition so	129312
filed or pursuant to a decision of the board of tax appeals or any	129313
court to which the determination or decision has been appealed, so	129314
that the amount due from the corporation under the corrected	129315
assessment is less than the portion paid, there shall be issued to	129316
the corporation, its assigns, or legal representative a refund in	129317
the amount of the overpayment as provided by section 5733.12 of	129318
the Revised Code, with interest on that amount as provided by	129319
section 5733.26 of the Revised Code, subject to section 5733.121	129320
of the Revised Code.	129321

Sec. 5733.55. (A) As used in this section:

129322

(1) "9-1-1 system" has the same meaning as in section ~~5507.01~~	129323
128.01 of the Revised Code.	129324

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	129325
approved by the public utilities commission for the telephone	129326
network portion of a 9-1-1 system pursuant to section ~~5507.18~~	129327
128.18 of the Revised Code.	129328

(3) "Eligible nonrecurring 9-1-1 charges" means all	129329
nonrecurring 9-1-1 charges for a 9-1-1 system except both of the	129330
following:	129331

(a) Charges for a system that was not established pursuant to	129332
a plan adopted under section ~~5507.08~~128.08 of the Revised Code or	129333
an agreement under section ~~5507.09~~128.09 of the Revised Code;	129334

(b) Charges for that part of a system established pursuant to	129335
such a plan or agreement that are excluded from the credit by	129336
division (C)(2) of section ~~5507.18~~128.18 of the Revised Code.	129337

(4) "Telephone company" has the same meaning as in section	129338
5727.01 of the Revised Code.	129339

(B) Beginning in tax year 2005, a telephone company shall be	129340
allowed a nonrefundable credit against the tax imposed by section	129341
5733.06 of the Revised Code equal to the amount of its eligible	129342
nonrecurring 9-1-1 charges. The credit shall be claimed for the	129343
company's taxable year that covers the period in which the 9-1-1	129344
service for which the credit is claimed becomes available for use.	129345
The credit shall be claimed in the order required by section	129346
5733.98 of the Revised Code. If the credit exceeds the total taxes	129347
due under section 5733.06 of the Revised Code for the tax year,	129348
the tax commissioner shall credit the excess against taxes due	129349
under that section for succeeding tax years until the full amount	129350
of the credit is granted.	129351

(C) After the last day a return, with any extensions, may be	129352
filed by any telephone company that is eligible to claim a credit	129353
under this section, the commissioner shall determine whether the	129354
sum of the credits allowed for prior tax years commencing with tax	129355
year 2005 plus the sum of the credits claimed for the current tax	129356
year exceeds fifteen million dollars. If it does, the credits	129357
allowed under this section for the current tax year shall be	129358
reduced by a uniform percentage such that the sum of the credits	129359
allowed for the current tax year do not exceed fifteen million	129360
dollars claimed by all telephone companies for all tax years.	129361
Thereafter, no credit shall be granted under this section, except	129362
for the remaining portions of any credits allowed under division	129363
(B) of this section.	129364

(D) A telephone company that is entitled to carry forward a	129365
credit against its public utility excise tax liability under	129366
section 5727.39 of the Revised Code is entitled to carry forward	129367
any amount of that credit remaining after its last public utility	129368
excise tax payment for the period of July 1, 2003, through June	129369
30, 2004, and claim that amount as a credit against its	129370
corporation franchise tax liability under this section. Nothing in	129371
this section authorizes a telephone company to claim a credit	129372
under this section for any eligible nonrecurring 9-1-1 charges for	129373
which it has already claimed a credit under this section or	129374
section 5727.39 of the Revised Code.	129375

Sec. 5733.98. (A) To provide a uniform procedure for	129376
calculating the amount of tax imposed by section 5733.06 of the	129377
Revised Code that is due under this chapter, a taxpayer shall	129378
claim any credits to which it is entitled in the following order,	129379
except as otherwise provided in section 5733.058 of the Revised	129380
Code:	129381

(1) For tax year 2005, the credit for taxes paid by a	129382
qualifying pass-through entity allowed under section 5733.0611 of	129383
the Revised Code;	129384

(2) The credit allowed for financial institutions under	129385
section 5733.45 of the Revised Code;	129386

(3) The credit for qualifying affiliated groups under section	129387
5733.068 of the Revised Code;	129388

(4) The subsidiary corporation credit under section 5733.067	129389
of the Revised Code;	129390

(5) The savings and loan assessment credit under section	129391
5733.063 of the Revised Code;	129392

(6) The credit for recycling and litter prevention donations	129393
under section 5733.064 of the Revised Code;	129394

(7) The credit for employers that enter into agreements with	129395
child day-care centers under section 5733.36 of the Revised Code;	129396

(8) The credit for employers that reimburse employee child	129397
care expenses under section 5733.38 of the Revised Code;	129398

(9) The credit for maintaining railroad active grade crossing	129399
warning devices under section 5733.43 of the Revised Code;	129400

(10) The credit for purchases of lights and reflectors under	129401
section 5733.44 of the Revised Code;	129402

(11) The nonrefundable job retention credit under division	129403
(B) of section 5733.0610 of the Revised Code;	129404

(12) The credit for tax years 2008 and 2009 for selling	129405
alternative fuel under section 5733.48 of the Revised Code;	129406

(13) The second credit for purchases of new manufacturing	129407
machinery and equipment under section 5733.33 of the Revised Code;	129408

(14) The job training credit under section 5733.42 of the	129409
Revised Code;	129410

(15) The credit for qualified research expenses under section	129411
5733.351 of the Revised Code;	129412

(16) The enterprise zone credit under section 5709.66 of the	129413
Revised Code;	129414

(17) The credit for the eligible costs associated with a	129415
voluntary action under section 5733.34 of the Revised Code;	129416

(18) The credit for employers that establish on-site child	129417
day-care centers under section 5733.37 of the Revised Code;	129418

(19) The ethanol plant investment credit under section	129419
5733.46 of the Revised Code;	129420

(20) The credit for purchases of qualifying grape production	129421
property under section 5733.32 of the Revised Code;	129422

(21) The export sales credit under section 5733.069 of the	129423
Revised Code;	129424

(22) ~~The credit for research and development and technology~~	129425
~~transfer investors under section 5733.35 of the Revised Code;~~	129426

~~(23)~~ The enterprise zone credits under section 5709.65 of the	129427
Revised Code;	129428

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	129429
of the Revised Code;	129430

~~(25)~~(24) The credit for purchases of qualified low-income	129431
community investments under section 5733.58 of the Revised Code;	129432

~~(26)~~(25) The credit for small telephone companies under	129433
section 5733.57 of the Revised Code;	129434

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	129435
under section 5733.55 of the Revised Code;	129436

~~(28)~~(27) For tax year 2005, the credit for providing programs	129437
to aid the communicatively impaired under division (A) of section	129438
5733.56 of the Revised Code;	129439

~~(29)~~(28) The research and development credit under section	129440
5733.352 of the Revised Code;	129441

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	129442
credit for taxes paid by a qualifying pass-through entity allowed	129443
under section 5733.0611 of the Revised Code;	129444

~~(31)~~(30) The refundable credit for rehabilitating a historic	129445
building under section 5733.47 of the Revised Code;	129446

~~(32)~~(31) The refundable jobs creation credit or job retention	129447
credit under division (A) of section 5733.0610 of the Revised	129448
Code;	129449

~~(33)~~(32) The refundable credit for tax withheld under	129450
division (B)(2) of section 5747.062 of the Revised Code;	129451

~~(34)~~(33) The refundable credit under section 5733.49 of the	129452
Revised Code for losses on loans made to the Ohio venture capital	129453
program under sections 150.01 to 150.10 of the Revised Code;	129454

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	129455
credit allowable under division (B) of section 5733.56 of the	129456
Revised Code;	129457

~~(36)~~(35) The refundable motion picture production credit	129458
under section 5733.59 of the Revised Code.	129459

(B) For any credit except the refundable credits enumerated	129460
in this section, the amount of the credit for a tax year shall not	129461
exceed the tax due after allowing for any other credit that	129462
precedes it in the order required under this section. Any excess	129463
amount of a particular credit may be carried forward if authorized	129464
under the section creating that credit.	129465

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	129466
other than liquid natural gas, amounts of motor fuel reported	129467
under this chapter shall be measured in gross gallons, except that	129468
amounts reported for terminal to terminal transactions shall be	129469
measured in net gallons and amounts reported for terminal to Ohio	129470
licensed dealer transactions shall be measured in both net gallons	129471
and gross gallons. Amounts of liquid natural gas shall be measured	129472
in gallon equivalents as described in section 5735.013 of the	129473
Revised Code.	129474

Sec. 5735.013. For the purposes of this chapter, if the	129475
national conference on weights and measures has adopted a diesel	129476
gallon equivalent standard for liquid natural gas, that standard	129477
shall be the equivalent of one gallon of motor fuel. If the	129478
national conference on weights and measures has not adopted such a	129479
standard, six and six one-hundredths pounds of liquid natural gas	129480
shall be the equivalent of one gallon of motor fuel.	129481

Sec. 5735.12. (A) Any motor fuel dealer required by this	129482
chapter to file reports and pay the tax levied by this chapter who	129483
fails to file the report within the time prescribed, may be liable	129484
for an additional charge not exceeding the greater of ten per cent	129485
of the motor fuel dealer's tax liability for that month or fifty	129486
dollars. The tax commissioner may remit all or a portion of the	129487
additional charge and may adopt rules relating to the remission of	129488
all or a portion of the charge.	129489

If any person required by this chapter to file reports and	129490
pay the taxes, interest, or additional charge levied by this	129491
chapter fails to file the report, files an incomplete or incorrect	129492
report, or fails to remit the full amount of the tax, interest, or	129493
additional charge due for the period covered by the report, the	129494
commissioner may make an assessment against the person based upon	129495
any information in the commissioner's possession.	129496

No assessment shall be made against any motor fuel dealer for	129497
taxes imposed by this chapter more than four years after the date	129498
on which the report on which the assessment was based was due or	129499
was filed, whichever is later. This section does not bar an	129500
assessment against any motor fuel dealer who fails to file a	129501
report required by section 5735.06 of the Revised Code, or who	129502
files a fraudulent motor fuel tax report.	129503

A penalty of up to fifteen per cent may be added to the	129504
amount of every assessment made under this section. The	129505
commissioner may adopt rules providing for the imposition and	129506
remission of penalties added to assessments made under this	129507
section.	129508

The commissioner shall give the party assessed written notice	129509
of the assessment in the manner provided in section 5703.37 of the	129510
Revised Code. With the notice, the commissioner shall provide	129511
instructions on how to petition for reassessment and request a	129512
hearing on the petition.	129513

(B) Unless the party assessed files with the tax commissioner	129514
within sixty days after service of the notice of assessment,	129515
either personally or by certified mail, a written petition for	129516
reassessment in writing, signed by the party assessed or that	129517
party's authorized agent having knowledge of the facts, the	129518
assessment becomes final and the amount of the assessment is due	129519
and payable from the party assessed to the treasurer of state. The	129520
petition shall indicate the objections of the party assessed, but	129521
additional objections may be raised in writing if received by the	129522
commissioner prior to the date shown on the final determination.	129523
If the petition has been properly filed, the commissioner shall	129524
proceed under section 5703.60 of the Revised Code.	129525

(C) After an assessment becomes final, if any portion of the	129526
assessment remains unpaid, including accrued interest, a certified	129527
copy of the tax commissioner's entry making the assessment final	129528
may be filed in the office of the clerk of the court of common	129529
pleas in the county in which the party assessed resides or in	129530
which the business of the party assessed is conducted. If the	129531
party assessed maintains no place of business in this state and is	129532
not a resident of this state, the certified copy of the entry may	129533
be filed in the office of the clerk of the court of common pleas	129534
of Franklin county.	129535

Immediately upon the filing of the entry, the clerk shall	129536
enter a judgment for the state against the party assessed in the	129537
amount shown on the entry. The judgment may be filed by the clerk	129538
in a loose-leaf book entitled "special judgments for state motor	129539
fuel tax," and shall have the same effect as other judgments.	129540
Execution shall issue upon the judgment upon the request of the	129541
tax commissioner, and all laws applicable to sales on execution	129542
shall apply to sales made under the judgment.	129543

~~The portion of~~If the assessment is not paid in its entirety	129544
within sixty days after the day the assessment was issued, the	129545
portion of the assessment consisting of tax due shall bear	129546
interest at the rate per annum prescribed by section 5703.47 of	129547
the Revised Code from the day the commissioner issues the	129548
assessment until it is paid or until it is certified to the	129549
attorney general for collection under section 131.02 of the	129550
Revised Code, whichever comes first. If the unpaid portion of the	129551
assessment is certified to the attorney general for collection,	129552
the entire unpaid portion of the assessment shall bear interest at	129553
the rate per annum prescribed by section 5703.47 of the Revised	129554
Code from the date of certification until the date it is paid in	129555
its entirety. Interest shall be paid in the same manner as the tax	129556
and may be collected by the issuance of an assessment under this	129557
section.	129558

(D) All money collected by the tax commissioner under this	129559
section shall be paid to the treasurer of state, and when paid	129560
shall be considered as revenue arising from the tax imposed by	129561
this chapter.	129562

(E) If the tax commissioner determines that the commissioner	129563
has erroneously refunded motor fuel tax to any person, the	129564
commissioner may make an assessment against the person for	129565
recovery of the erroneously refunded tax.	129566

Sec. 5735.27. (A) There is hereby created in the state	129567
treasury the gasoline excise tax fund, which shall be distributed	129568
in the following manner:	129569

(1) The amount credited pursuant to divisions (B)(2)(a) and	129570
(C)(2)(a) of section 5735.23 of the Revised Code shall be	129571
distributed among municipal corporations. The amount paid to each	129572
municipal corporation shall be that proportion of the amount to be	129573
so distributed that the number of motor vehicles registered within	129574
the municipal corporation bears to the total number of motor	129575
vehicles registered within all the municipal corporations of this	129576
state during the preceding motor vehicle registration year. When a	129577
new village is incorporated, the registrar of motor vehicles shall	129578
determine from the applications on file in the bureau of motor	129579
vehicles the number of motor vehicles located within the territory	129580
comprising the village during the entire registration year in	129581
which the municipal corporation was incorporated. The registrar	129582
shall forthwith certify the number of motor vehicles so determined	129583
to the tax commissioner for use in distributing motor vehicle fuel	129584
tax funds to the village until the village is qualified to	129585
participate in the distribution of the funds pursuant to this	129586
division. The number of motor vehicle registrations shall be	129587
determined by the official records of the bureau of motor	129588
vehicles. The amount received by each municipal corporation shall	129589
be used to plan, construct, reconstruct, repave, widen, maintain,	129590
repair, clear, and clean public highways, roads, and streets; to	129591
maintain and repair bridges and viaducts; to purchase, erect, and	129592
maintain street and traffic signs and markers; to pay the costs	129593
apportioned to the municipal corporation under section 4907.47 of	129594
the Revised Code; to purchase, erect, and maintain traffic lights	129595
and signals; to pay the principal, interest, and charges on bonds	129596
and other obligations issued pursuant to Chapter 133. of the	129597
Revised Code or incurred pursuant to section 5531.09 of the	129598
Revised Code for the purpose of acquiring or constructing roads,	129599
highways, bridges, or viaducts or acquiring or making other	129600
highway improvements for which the municipal corporation may issue	129601
bonds; and to supplement revenue already available for these	129602
purposes.	129603

(2) The amount credited pursuant to division (B) of section	129604
5735.26 of the Revised Code shall be distributed among the	129605
municipal corporations within the state, in the proportion which	129606
the number of motor vehicles registered within each municipal	129607
corporation bears to the total number of motor vehicles registered	129608
within all the municipal corporations of the state during the	129609
preceding calendar year, as shown by the official records of the	129610
bureau of motor vehicles, and shall be expended by each municipal	129611
corporation to plan, construct, reconstruct, repave, widen,	129612
maintain, repair, clear, and clean public highways, roads, and	129613
streets; to maintain and repair bridges and viaducts; to purchase,	129614
erect, and maintain street and traffic signs and markers; to	129615
purchase, erect, and maintain traffic lights and signals; to pay	129616
costs apportioned to the municipal corporation under section	129617
4907.47 of the Revised Code; to pay the principal, interest, and	129618
charges on bonds and other obligations issued pursuant to Chapter	129619
133. of the Revised Code or incurred pursuant to section 5531.09	129620
of the Revised Code for the purpose of acquiring or constructing	129621
roads, highways, bridges, or viaducts or acquiring or making other	129622
highway improvements for which the municipal corporation may issue	129623
bonds; and to supplement revenue already available for these	129624
purposes.	129625

(3) The amount credited pursuant to divisions (B)(2)(b) and	129626
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	129627
equal proportions to the county treasurer of each county within	129628
the state and shall be used only for the purposes of planning,	129629
maintaining, and repairing the county system of public roads and	129630
highways within the county; the planning, construction, and repair	129631
of walks or paths along county roads in congested areas; the	129632
planning, construction, purchase, lease, and maintenance of	129633
suitable buildings for the housing and repair of county road	129634
machinery, housing of supplies, and housing of personnel	129635
associated with the machinery and supplies; the payment of costs	129636
apportioned to the county under section 4907.47 of the Revised	129637
Code; the payment of principal, interest, and charges on bonds and	129638
other obligations issued pursuant to Chapter 133. of the Revised	129639
Code or incurred pursuant to section 5531.09 of the Revised Code	129640
for the purpose of acquiring or constructing roads, highways,	129641
bridges, or viaducts or acquiring or making other highway	129642
improvements for which the board of county commissioners may issue	129643
bonds under that chapter; and the purchase, installation, and	129644
maintenance of traffic signal lights.	129645

(4) The amount credited pursuant to division (C) of section	129646
5735.26 of the Revised Code shall be paid in equal proportions to	129647
the county treasurer of each county for the purposes of planning,	129648
maintaining, constructing, widening, and reconstructing the county	129649
system of public roads and highways; paying principal, interest,	129650
and charges on bonds and other obligations issued pursuant to	129651
Chapter 133. of the Revised Code or incurred pursuant to section	129652
5531.09 of the Revised Code for the purpose of acquiring or	129653
constructing roads, highways, bridges, or viaducts or acquiring or	129654
making other highway improvements for which the board of county	129655
commissioners may issue bonds under that chapter; and paying costs	129656
apportioned to the county under section 4907.47 of the Revised	129657
Code.	129658

(5)(a) The amount credited pursuant to division (D) of	129659
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	129660
Revised Code shall be divided in equal proportions among the	129661
townships within the state.	129662

(b) As used in division (A)(5)(b) of this section, the	129663
"formula amount" for any township is the amount that would be	129664
allocated to that township if fifty per cent of the amount	129665
credited to townships pursuant to section 5735.291 of the Revised	129666
Code were allocated among townships in the state proportionate to	129667
the number of centerline miles within the boundaries of the	129668
respective townships, as determined annually by the department of	129669
transportation, and the other fifty per cent of the amount	129670
credited pursuant to section 5735.291 of the Revised Code were	129671
allocated among townships in the state proportionate to the number	129672
of motor vehicles registered within the respective townships, as	129673
determined annually by the records of the bureau of motor	129674
vehicles. The number of centerline miles within the boundaries of	129675
a township shall not include any centerline miles of township	129676
roads that have been placed on nonmaintained status by a board of	129677
township trustees pursuant to section 5571.20 of the Revised Code.	129678

Beginning on August 15, 2003, the tax levied by section	129679
5735.29 of the Revised Code shall be partially allocated to	129680
provide funding for townships. Each township shall receive the	129681
greater of the following two calculations:	129682

(i) The total statewide amount credited to townships under	129683
division (A) of section 5735.291 of the Revised Code divided by	129684
the number of townships in the state at the time of the	129685
calculation;	129686

(ii) Seventy per cent of the formula amount for that	129687
township.	129688

(c) The total difference between the amount of money credited	129689
to townships under division (A) of section 5735.291 of the Revised	129690
Code and the total amount of money required to make all the	129691
payments specified in division (A)(5)(b) of this section shall be	129692
deducted, in accordance with division (B) of section 5735.291 of	129693
the Revised Code, from the revenues resulting from the tax levied	129694
pursuant to section 5735.29 of the Revised Code prior to crediting	129695
portions of such revenues to counties, municipal corporations, and	129696
the highway operating fund.	129697

(d) All amounts credited pursuant to divisions (A)(5)(a) and	129698
(b) of this section shall be paid to the county treasurer of each	129699
county for the total amount payable to the townships within each	129700
of the counties. The county treasurer shall pay to each township	129701
within the county its proportional share of the funds, which shall	129702
be expended by each township only for the purposes of planning,	129703
constructing, maintaining, widening, and reconstructing the public	129704
roads and highways within the township, paying principal,	129705
interest, and charges on bonds and other obligations issued	129706
pursuant to Chapter 133. or 505. of the Revised Code or incurred	129707
pursuant to section 5531.09 of the Revised Code for the purpose of	129708
acquiring or constructing roads, highways, bridges, or viaducts or	129709
acquiring or making other highway improvements for which the board	129710
of township trustees may issue bonds under those chapters, and	129711
paying costs apportioned to the township under section 4907.47 of	129712
the Revised Code.	129713

No part of the funds designated for road and highway purposes	129714
shall be used for any purpose except to pay in whole or part the	129715
contract price of any such work done by contract, or to pay the	129716
cost of labor in planning, constructing, widening, and	129717
reconstructing such roads and highways, and the cost of materials	129718
forming a part of the improvement; provided that the funds may be	129719
used for the purchase of road machinery and equipment ~~and for~~, the	129720
planning, construction, and maintenance of suitable buildings for	129721
housing road machinery and equipment, and the payment of	129722
principal, interest, and charges on bonds and other obligations	129723
issued pursuant to Chapter 133. or 505. of the Revised Code for	129724
the purpose of purchasing road machinery and equipment or	129725
planning, constructing, and maintaining suitable buildings for	129726
housing road machinery and equipment; and provided that all such	129727
improvement of roads shall be under supervision and direction of	129728
the county engineer as provided in section 5575.07 of the Revised	129729
Code. No obligation against the funds shall be incurred unless	129730
plans and specifications for the improvement, approved by the	129731
county engineer, are on file in the office of the township fiscal	129732
officer, and all contracts for material and for work done by	129733
contract shall be approved by the county engineer before being	129734
signed by the board of township trustees. The board of township	129735
trustees of any township may pass a resolution permitting the	129736
board of county commissioners to expend the township's share of	129737
the funds, or any portion of it, for the improvement of the roads	129738
within the township as may be designated in the resolution.	129739

All investment earnings of the fund shall be credited to the	129740
fund.	129741

(B) Amounts credited to the highway operating fund pursuant	129742
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	129743
division (A) of section 5735.26 of the Revised Code shall be	129744
expended in the following manner:	129745

(1) The amount credited pursuant to divisions (B)(2)(c) and	129746
(C)(2)(d) of section 5735.23 of the Revised Code shall be	129747
apportioned to and expended by the department of transportation	129748
for the purposes of planning, maintaining, repairing, and keeping	129749
in passable condition for travel the roads and highways of the	129750
state required by law to be maintained by the department; paying	129751
the costs apportioned to the state under section 4907.47 of the	129752
Revised Code; paying that portion of the construction cost of a	129753
highway project which a county, township, or municipal corporation	129754
normally would be required to pay, but which the director of	129755
transportation, pursuant to division (B) of section 5531.08 of the	129756
Revised Code, determines instead will be paid from moneys in the	129757
highway operating fund; and paying the costs of the department of	129758
public safety in administering and enforcing the state law	129759
relating to the registration and operation of motor vehicles.	129760

(2) The amount credited pursuant to division (A) of section	129761
5735.26 of the Revised Code shall be used for paying the state's	129762
share of the cost of planning, constructing, widening,	129763
maintaining, and reconstructing the state highways; paying that	129764
portion of the construction cost of a highway project which a	129765
county, township, or municipal corporation normally would be	129766
required to pay, but which the director of transportation,	129767
pursuant to division (B) of section 5531.08 of the Revised Code,	129768
determines instead will be paid from moneys in the highway	129769
operating fund; and also for supplying the state's share of the	129770
cost of eliminating railway grade crossings upon such highways and	129771
costs apportioned to the state under section 4907.47 of the	129772
Revised Code. The director of transportation may expend portions	129773
of such amount upon extensions of state highways within municipal	129774
corporations or upon portions of state highways within municipal	129775
corporations, as is provided by law.	129776

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	129777
fuel dealer's entire business or discontinues operating that	129778
business, the taxes and any interest and penalties imposed under	129779
this chapter that arose prior to the date of sale or	129780
discontinuation become due and payable immediately. ~~The~~Within	129781
fifteen days after the date of the sale or discontinuation of the	129782
business, the motor fuel dealer shall make a final return ~~within~~	129783
~~fifteen days after the date of the sale or discontinuation of the~~	129784
~~business~~and provide written notification to the tax commissioner	129785
of the sale or discontinuation and the name and contact	129786
information of the purchaser, if applicable. The purchaser of the	129787
business shall withhold a sufficient amount of the purchase money	129788
to cover the amount of such taxes, interest, and penalties due and	129789
unpaid until the seller produces a receipt from the tax	129790
commissioner showing that the taxes, interest, and penalties have	129791
been paid, or until the seller produces a certificate indicating	129792
that no taxes, interest, and penalties are due.	129793

(B) If the purchaser of the business fails to withhold the	129794
purchase money required to be withheld under this section, the	129795
purchaser of the business is personally liable for the payment of	129796
the taxes, interest, and penalties accrued and unpaid during the	129797
operation of the business by the seller, but only to the extent of	129798
the consideration offered for the entire business.	129799

(C) For purposes of this section, "entire business" means	129800
substantially all of the seller's assets determined without regard	129801
to any then existing mortgages, liens, security interests or other	129802
encumbrances attaching to those assets. A person is considered to	129803
have sold the entire business only if the person ceases to qualify	129804
as a motor fuel dealer and has relinquished or the tax	129805
commissioner has canceled the person's motor fuel dealer's	129806
license.	129807

Sec. 5739.01. As used in this chapter:

129808

(A) "Person" includes individuals, receivers, assignees,	129809
trustees in bankruptcy, estates, firms, partnerships,	129810
associations, joint-stock companies, joint ventures, clubs,	129811
societies, corporations, the state and its political subdivisions,	129812
and combinations of individuals of any form.	129813

(B) "Sale" and "selling" include all of the following	129814
transactions for a consideration in any manner, whether absolutely	129815
or conditionally, whether for a price or rental, in money or by	129816
exchange, and by any means whatsoever:	129817

(1) All transactions by which title or possession, or both,	129818
of tangible personal property, is or is to be transferred, or a	129819
license to use or consume tangible personal property is or is to	129820
be granted;	129821

(2) All transactions by which lodging by a hotel is or is to	129822
be furnished to transient guests;	129823

(3) All transactions by which:

129824

(a) An item of tangible personal property is or is to be	129825
repaired, except property, the purchase of which would not be	129826
subject to the tax imposed by section 5739.02 of the Revised Code;	129827

(b) An item of tangible personal property is or is to be	129828
installed, except property, the purchase of which would not be	129829
subject to the tax imposed by section 5739.02 of the Revised Code	129830
or property that is or is to be incorporated into and will become	129831
a part of a production, transmission, transportation, or	129832
distribution system for the delivery of a public utility service;	129833

(c) The service of washing, cleaning, waxing, polishing, or	129834
painting a motor vehicle is or is to be furnished;	129835

(d) Until August 1, 2003, industrial laundry cleaning	129836
services are or are to be provided and, on and after August 1,	129837
2003, laundry and dry cleaning services are or are to be provided;	129838

(e) Automatic data processing, computer services, or	129839
electronic information services are or are to be provided for use	129840
in business when the true object of the transaction is the receipt	129841
by the consumer of automatic data processing, computer services,	129842
or electronic information services rather than the receipt of	129843
personal or professional services to which automatic data	129844
processing, computer services, or electronic information services	129845
are incidental or supplemental. Notwithstanding any other	129846
provision of this chapter, such transactions that occur between	129847
members of an affiliated group are not sales. An "affiliated	129848
group" means two or more persons related in such a way that one	129849
person owns or controls the business operation of another member	129850
of the group. In the case of corporations with stock, one	129851
corporation owns or controls another if it owns more than fifty	129852
per cent of the other corporation's common stock with voting	129853
rights.	129854

(f) Telecommunications service, including prepaid calling	129855
service, prepaid wireless calling service, or ancillary service,	129856
is or is to be provided, but not including coin-operated telephone	129857
service;	129858

(g) Landscaping and lawn care service is or is to be	129859
provided;	129860

(h) Private investigation and security service is or is to be	129861
provided;	129862

(i) Information services or tangible personal property is	129863
provided or ordered by means of a nine hundred telephone call;	129864

(j) Building maintenance and janitorial service is or is to	129865
be provided;	129866

(k) Employment service is or is to be provided;

129867

(l) Employment placement service is or is to be provided;

129868

(m) Exterminating service is or is to be provided;

129869

(n) Physical fitness facility service is or is to be	129870
provided;	129871

(o) Recreation and sports club service is or is to be	129872
provided;	129873

(p) On and after August 1, 2003, satellite broadcasting	129874
service is or is to be provided;	129875

(q) On and after August 1, 2003, personal care service is or	129876
is to be provided to an individual. As used in this division,	129877
"personal care service" includes skin care, the application of	129878
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	129879
piercing, tanning, massage, and other similar services. "Personal	129880
care service" does not include a service provided by or on the	129881
order of a licensed physician or licensed chiropractor, or the	129882
cutting, coloring, or styling of an individual's hair.	129883

(r) On and after August 1, 2003, the transportation of	129884
persons by motor vehicle or aircraft is or is to be provided, when	129885
the transportation is entirely within this state, except for	129886
transportation provided by an ambulance service, by a transit bus,	129887
as defined in section 5735.01 of the Revised Code, and	129888
transportation provided by a citizen of the United States holding	129889
a certificate of public convenience and necessity issued under 49	129890
U.S.C. 41102;	129891

(s) On and after August 1, 2003, motor vehicle towing service	129892
is or is to be provided. As used in this division, "motor vehicle	129893
towing service" means the towing or conveyance of a wrecked,	129894
disabled, or illegally parked motor vehicle.	129895

(t) On and after August 1, 2003, snow removal service is or	129896
is to be provided. As used in this division, "snow removal	129897
service" means the removal of snow by any mechanized means, but	129898
does not include the providing of such service by a person that	129899
has less than five thousand dollars in sales of such service	129900
during the calendar year.	129901

(u) Electronic publishing service is or is to be provided to	129902
a consumer for use in business, except that such transactions	129903
occurring between members of an affiliated group, as defined in	129904
division (B)(3)(e) of this section, are not sales.	129905

(4) All transactions by which printed, imprinted,	129906
overprinted, lithographic, multilithic, blueprinted, photostatic,	129907
or other productions or reproductions of written or graphic matter	129908
are or are to be furnished or transferred;	129909

(5) The production or fabrication of tangible personal	129910
property for a consideration for consumers who furnish either	129911
directly or indirectly the materials used in the production of	129912
fabrication work; and include the furnishing, preparing, or	129913
serving for a consideration of any tangible personal property	129914
consumed on the premises of the person furnishing, preparing, or	129915
serving such tangible personal property. Except as provided in	129916
section 5739.03 of the Revised Code, a construction contract	129917
pursuant to which tangible personal property is or is to be	129918
incorporated into a structure or improvement on and becoming a	129919
part of real property is not a sale of such tangible personal	129920
property. The construction contractor is the consumer of such	129921
tangible personal property, provided that the sale and	129922
installation of carpeting, the sale and installation of	129923
agricultural land tile, the sale and erection or installation of	129924
portable grain bins, or the provision of landscaping and lawn care	129925
service and the transfer of property as part of such service is	129926
never a construction contract.	129927

As used in division (B)(5) of this section:

129928

(a) "Agricultural land tile" means fired clay or concrete	129929
tile, or flexible or rigid perforated plastic pipe or tubing,	129930
incorporated or to be incorporated into a subsurface drainage	129931
system appurtenant to land used or to be used primarily in	129932
production by farming, agriculture, horticulture, or floriculture.	129933
The term does not include such materials when they are or are to	129934
be incorporated into a drainage system appurtenant to a building	129935
or structure even if the building or structure is used or to be	129936
used in such production.	129937

(b) "Portable grain bin" means a structure that is used or to	129938
be used by a person engaged in farming or agriculture to shelter	129939
the person's grain and that is designed to be disassembled without	129940
significant damage to its component parts.	129941

(6) All transactions in which all of the shares of stock of a	129942
closely held corporation are transferred, or an ownership interest	129943
in a pass-through entity, as defined in section 5733.04 of the	129944
Revised Code, is transferred, if the corporation or pass-through	129945
entity is not engaging in business and its entire assets consist	129946
of boats, planes, motor vehicles, or other tangible personal	129947
property operated primarily for the use and enjoyment of the	129948
shareholders or owners;	129949

(7) All transactions in which a warranty, maintenance or	129950
service contract, or similar agreement by which the vendor of the	129951
warranty, contract, or agreement agrees to repair or maintain the	129952
tangible personal property of the consumer is or is to be	129953
provided;	129954

(8) The transfer of copyrighted motion picture films used	129955
solely for advertising purposes, except that the transfer of such	129956
films for exhibition purposes is not a sale;	129957

(9) On and after August 1, 2003, all transactions by which	129958
tangible personal property is or is to be stored, except such	129959
property that the consumer of the storage holds for sale in the	129960
regular course of business;	129961

(10) All transactions in which "guaranteed auto protection"	129962
is provided whereby a person promises to pay to the consumer the	129963
difference between the amount the consumer receives from motor	129964
vehicle insurance and the amount the consumer owes to a person	129965
holding title to or a lien on the consumer's motor vehicle in the	129966
event the consumer's motor vehicle suffers a total loss under the	129967
terms of the motor vehicle insurance policy or is stolen and not	129968
recovered, if the protection and its price are included in the	129969
purchase or lease agreement;	129970

(11)(a) Except as provided in division (B)(11)(b) of this	129971
section, on and after October 1, 2009, all transactions by which	129972
health care services are paid for, reimbursed, provided,	129973
delivered, arranged for, or otherwise made available by a medicaid	129974
health insuring corporation pursuant to the corporation's contract	129975
with the state.	129976

(b) If the centers for medicare and medicaid services of the	129977
United States department of health and human services determines	129978
that the taxation of transactions described in division (B)(11)(a)	129979
of this section constitutes an impermissible health care-related	129980
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	129981
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	129982
regulations adopted thereunder, the medicaid director ~~of job and~~	129983
~~family services~~ shall notify the tax commissioner of that	129984
determination. Beginning with the first day of the month following	129985
that notification, the transactions described in division	129986
(B)(11)(a) of this section are not sales for the purposes of this	129987
chapter or Chapter 5741. of the Revised Code. The tax commissioner	129988
shall order that the collection of taxes under sections 5739.02,	129989
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	129990
5741.023 of the Revised Code shall cease for transactions	129991
occurring on or after that date.	129992

Except as provided in this section, "sale" and "selling" do	129993
not include transfers of interest in leased property where the	129994
original lessee and the terms of the original lease agreement	129995
remain unchanged, or professional, insurance, or personal service	129996
transactions that involve the transfer of tangible personal	129997
property as an inconsequential element, for which no separate	129998
charges are made.	129999

(C) "Vendor" means the person providing the service or by	130000
whom the transfer effected or license given by a sale is or is to	130001
be made or given and, for sales described in division (B)(3)(i) of	130002
this section, the telecommunications service vendor that provides	130003
the nine hundred telephone service; if two or more persons are	130004
engaged in business at the same place of business under a single	130005
trade name in which all collections on account of sales by each	130006
are made, such persons shall constitute a single vendor.	130007

Physicians, dentists, hospitals, and veterinarians who are	130008
engaged in selling tangible personal property as received from	130009
others, such as eyeglasses, mouthwashes, dentifrices, or similar	130010
articles, are vendors. Veterinarians who are engaged in	130011
transferring to others for a consideration drugs, the dispensing	130012
of which does not require an order of a licensed veterinarian or	130013
physician under federal law, are vendors.	130014

(D)(1) "Consumer" means the person for whom the service is	130015
provided, to whom the transfer effected or license given by a sale	130016
is or is to be made or given, to whom the service described in	130017
division (B)(3)(f) or (i) of this section is charged, or to whom	130018
the admission is granted.	130019

(2) Physicians, dentists, hospitals, and blood banks operated	130020
by nonprofit institutions and persons licensed to practice	130021
veterinary medicine, surgery, and dentistry are consumers of all	130022
tangible personal property and services purchased by them in	130023
connection with the practice of medicine, dentistry, the rendition	130024
of hospital or blood bank service, or the practice of veterinary	130025
medicine, surgery, and dentistry. In addition to being consumers	130026
of drugs administered by them or by their assistants according to	130027
their direction, veterinarians also are consumers of drugs that	130028
under federal law may be dispensed only by or upon the order of a	130029
licensed veterinarian or physician, when transferred by them to	130030
others for a consideration to provide treatment to animals as	130031
directed by the veterinarian.	130032

(3) A person who performs a facility management, or similar	130033
service contract for a contractee is a consumer of all tangible	130034
personal property and services purchased for use in connection	130035
with the performance of such contract, regardless of whether title	130036
to any such property vests in the contractee. The purchase of such	130037
property and services is not subject to the exception for resale	130038
under division (E)(1) of this section.	130039

(4)(a) In the case of a person who purchases printed matter	130040
for the purpose of distributing it or having it distributed to the	130041
public or to a designated segment of the public, free of charge,	130042
that person is the consumer of that printed matter, and the	130043
purchase of that printed matter for that purpose is a sale.	130044

(b) In the case of a person who produces, rather than	130045
purchases, printed matter for the purpose of distributing it or	130046
having it distributed to the public or to a designated segment of	130047
the public, free of charge, that person is the consumer of all	130048
tangible personal property and services purchased for use or	130049
consumption in the production of that printed matter. That person	130050
is not entitled to claim exemption under division (B)(42)(f) of	130051
section 5739.02 of the Revised Code for any material incorporated	130052
into the printed matter or any equipment, supplies, or services	130053
primarily used to produce the printed matter.	130054

(c) The distribution of printed matter to the public or to a	130055
designated segment of the public, free of charge, is not a sale to	130056
the members of the public to whom the printed matter is	130057
distributed or to any persons who purchase space in the printed	130058
matter for advertising or other purposes.	130059

(5) A person who makes sales of any of the services listed in	130060
division (B)(3) of this section is the consumer of any tangible	130061
personal property used in performing the service. The purchase of	130062
that property is not subject to the resale exception under	130063
division (E)(1) of this section.	130064

(6) A person who engages in highway transportation for hire	130065
is the consumer of all packaging materials purchased by that	130066
person and used in performing the service, except for packaging	130067
materials sold by such person in a transaction separate from the	130068
service.	130069

(7) In the case of a transaction for health care services	130070
under division (B)(11) of this section, a medicaid health insuring	130071
corporation is the consumer of such services. The purchase of such	130072
services by a medicaid health insuring corporation is not subject	130073
to the exception for resale under division (E)(1) of this section	130074
or to the exemptions provided under divisions (B)(12), (18), (19),	130075
and (22) of section 5739.02 of the Revised Code.	130076

(E) "Retail sale" and "sales at retail" include all sales,	130077
except those in which the purpose of the consumer is to resell the	130078
thing transferred or benefit of the service provided, by a person	130079
engaging in business, in the form in which the same is, or is to	130080
be, received by the person.	130081

(F) "Business" includes any activity engaged in by any person	130082
with the object of gain, benefit, or advantage, either direct or	130083
indirect. "Business" does not include the activity of a person in	130084
managing and investing the person's own funds.	130085

(G) "Engaging in business" means commencing, conducting, or	130086
continuing in business, and liquidating a business when the	130087
liquidator thereof holds itself out to the public as conducting	130088
such business. Making a casual sale is not engaging in business.	130089

(H)(1)(a) "Price," except as provided in divisions (H)(2),	130090
(3), and (4) of this section, means the total amount of	130091
consideration, including cash, credit, property, and services, for	130092
which tangible personal property or services are sold, leased, or	130093
rented, valued in money, whether received in money or otherwise,	130094
without any deduction for any of the following:	130095

(i) The vendor's cost of the property sold;

130096

(ii) The cost of materials used, labor or service costs,	130097
interest, losses, all costs of transportation to the vendor, all	130098
taxes imposed on the vendor, including the tax imposed under	130099
Chapter 5751. of the Revised Code, and any other expense of the	130100
vendor;	130101

(iii) Charges by the vendor for any services necessary to	130102
complete the sale;	130103

(iv) On and after August 1, 2003, delivery charges. As used	130104
in this division, "delivery charges" means charges by the vendor	130105
for preparation and delivery to a location designated by the	130106
consumer of tangible personal property or a service, including	130107
transportation, shipping, postage, handling, crating, and packing.	130108

(v) Installation charges;

130109

(vi) Credit for any trade-in.

130110

(b) "Price" includes consideration received by the vendor	130111
from a third party, if the vendor actually receives the	130112
consideration from a party other than the consumer, and the	130113
consideration is directly related to a price reduction or discount	130114
on the sale; the vendor has an obligation to pass the price	130115
reduction or discount through to the consumer; the amount of the	130116
consideration attributable to the sale is fixed and determinable	130117
by the vendor at the time of the sale of the item to the consumer;	130118
and one of the following criteria is met:	130119

(i) The consumer presents a coupon, certificate, or other	130120
document to the vendor to claim a price reduction or discount	130121
where the coupon, certificate, or document is authorized,	130122
distributed, or granted by a third party with the understanding	130123
that the third party will reimburse any vendor to whom the coupon,	130124
certificate, or document is presented;	130125

(ii) The consumer identifies the consumer's self to the	130126
seller as a member of a group or organization entitled to a price	130127
reduction or discount. A preferred customer card that is available	130128
to any patron does not constitute membership in such a group or	130129
organization.	130130

(iii) The price reduction or discount is identified as a	130131
third party price reduction or discount on the invoice received by	130132
the consumer, or on a coupon, certificate, or other document	130133
presented by the consumer.	130134

130135

(i) Discounts, including cash, term, or coupons that are not	130136
reimbursed by a third party that are allowed by a vendor and taken	130137
by a consumer on a sale;	130138

(ii) Interest, financing, and carrying charges from credit	130139
extended on the sale of tangible personal property or services, if	130140
the amount is separately stated on the invoice, bill of sale, or	130141
similar document given to the purchaser;	130142

(iii) Any taxes legally imposed directly on the consumer that	130143
are separately stated on the invoice, bill of sale, or similar	130144
document given to the consumer. For the purpose of this division,	130145
the tax imposed under Chapter 5751. of the Revised Code is not a	130146
tax directly on the consumer, even if the tax or a portion thereof	130147
is separately stated.	130148

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	130149
section, any discount allowed by an automobile manufacturer to its	130150
employee, or to the employee of a supplier, on the purchase of a	130151
new motor vehicle from a new motor vehicle dealer in this state.	130152

(v) The dollar value of a gift card that is not sold by a	130153
vendor or purchased by a consumer and that is redeemed by the	130154
consumer in purchasing tangible personal property or services if	130155
the vendor is not reimbursed and does not receive compensation	130156
from a third party to cover all or part of the gift card value.	130157
For the purposes of this division, a gift card is not sold by a	130158
vendor or purchased by a consumer if it is distributed pursuant to	130159
an awards, loyalty, or promotional program. Past and present	130160
purchases of tangible personal property or services by the	130161
consumer shall not be treated as consideration exchanged for a	130162
gift card.	130163

(2) In the case of a sale of any new motor vehicle by a new	130164
motor vehicle dealer, as defined in section 4517.01 of the Revised	130165
Code, in which another motor vehicle is accepted by the dealer as	130166
part of the consideration received, "price" has the same meaning	130167
as in division (H)(1) of this section, reduced by the credit	130168
afforded the consumer by the dealer for the motor vehicle received	130169
in trade.	130170

(3) In the case of a sale of any watercraft or outboard motor	130171
by a watercraft dealer licensed in accordance with section	130172
1547.543 of the Revised Code, in which another watercraft,	130173
watercraft and trailer, or outboard motor is accepted by the	130174
dealer as part of the consideration received, "price" has the same	130175
meaning as in division (H)(1) of this section, reduced by the	130176
credit afforded the consumer by the dealer for the watercraft,	130177
watercraft and trailer, or outboard motor received in trade. As	130178
used in this division, "watercraft" includes an outdrive unit	130179
attached to the watercraft.	130180

(4) In the case of transactions for health care services	130181
under division (B)(11) of this section, "price" means the amount	130182
of managed care premiums received each month by a medicaid health	130183
insuring corporation.	130184

(I) "Receipts" means the total amount of the prices of the	130185
sales of vendors, provided that the dollar value of gift cards	130186
distributed pursuant to an awards, loyalty, or promotional	130187
program, and cash discounts allowed and taken on sales at the time	130188
they are consummated are not included, minus any amount deducted	130189
as a bad debt pursuant to section 5739.121 of the Revised Code.	130190
"Receipts" does not include the sale price of property returned or	130191
services rejected by consumers when the full sale price and tax	130192
are refunded either in cash or by credit.	130193

(J) "Place of business" means any location at which a person	130194
engages in business.	130195

(K) "Premises" includes any real property or portion thereof	130196
upon which any person engages in selling tangible personal	130197
property at retail or making retail sales and also includes any	130198
real property or portion thereof designated for, or devoted to,	130199
use in conjunction with the business engaged in by such person.	130200

(L) "Casual sale" means a sale of an item of tangible	130201
personal property that was obtained by the person making the sale,	130202
through purchase or otherwise, for the person's own use and was	130203
previously subject to any state's taxing jurisdiction on its sale	130204
or use, and includes such items acquired for the seller's use that	130205
are sold by an auctioneer employed directly by the person for such	130206
purpose, provided the location of such sales is not the	130207
auctioneer's permanent place of business. As used in this	130208
division, "permanent place of business" includes any location	130209
where such auctioneer has conducted more than two auctions during	130210
the year.	130211

(M) "Hotel" means every establishment kept, used, maintained,	130212
advertised, or held out to the public to be a place where sleeping	130213
accommodations are offered to guests, in which five or more rooms	130214
are used for the accommodation of such guests, whether the rooms	130215
are in one or several structures, except as otherwise provided in	130216
division (G) of section 5739.09 of the Revised Code.	130217

(N) "Transient guests" means persons occupying a room or	130218
rooms for sleeping accommodations for less than thirty consecutive	130219
days.	130220

(O) "Making retail sales" means the effecting of transactions	130221
wherein one party is obligated to pay the price and the other	130222
party is obligated to provide a service or to transfer title to or	130223
possession of the item sold. "Making retail sales" does not	130224
include the preliminary acts of promoting or soliciting the retail	130225
sales, other than the distribution of printed matter which	130226
displays or describes and prices the item offered for sale, nor	130227
does it include delivery of a predetermined quantity of tangible	130228
personal property or transportation of property or personnel to or	130229
from a place where a service is performed.	130230

(P) "Used directly in the rendition of a public utility	130231
service" means that property that is to be incorporated into and	130232
will become a part of the consumer's production, transmission,	130233
transportation, or distribution system and that retains its	130234
classification as tangible personal property after such	130235
incorporation; fuel or power used in the production, transmission,	130236
transportation, or distribution system; and tangible personal	130237
property used in the repair and maintenance of the production,	130238
transmission, transportation, or distribution system, including	130239
only such motor vehicles as are specially designed and equipped	130240
for such use. Tangible personal property and services used	130241
primarily in providing highway transportation for hire are not	130242
used directly in the rendition of a public utility service. In	130243
this definition, "public utility" includes a citizen of the United	130244
States holding, and required to hold, a certificate of public	130245
convenience and necessity issued under 49 U.S.C. 41102.	130246

(Q) "Refining" means removing or separating a desirable	130247
product from raw or contaminated materials by distillation or	130248
physical, mechanical, or chemical processes.	130249

(R) "Assembly" and "assembling" mean attaching or fitting	130250
together parts to form a product, but do not include packaging a	130251
product.	130252

(S) "Manufacturing operation" means a process in which	130253
materials are changed, converted, or transformed into a different	130254
state or form from which they previously existed and includes	130255
refining materials, assembling parts, and preparing raw materials	130256
and parts by mixing, measuring, blending, or otherwise committing	130257
such materials or parts to the manufacturing process.	130258
"Manufacturing operation" does not include packaging.	130259

(T) "Fiscal officer" means, with respect to a regional	130260
transit authority, the secretary-treasurer thereof, and with	130261
respect to a county that is a transit authority, the fiscal	130262
officer of the county transit board if one is appointed pursuant	130263
to section 306.03 of the Revised Code or the county auditor if the	130264
board of county commissioners operates the county transit system.	130265

(U) "Transit authority" means a regional transit authority	130266
created pursuant to section 306.31 of the Revised Code or a county	130267
in which a county transit system is created pursuant to section	130268
306.01 of the Revised Code. For the purposes of this chapter, a	130269
transit authority must extend to at least the entire area of a	130270
single county. A transit authority that includes territory in more	130271
than one county must include all the area of the most populous	130272
county that is a part of such transit authority. County population	130273
shall be measured by the most recent census taken by the United	130274
States census bureau.	130275

(V) "Legislative authority" means, with respect to a regional	130276
transit authority, the board of trustees thereof, and with respect	130277
to a county that is a transit authority, the board of county	130278
commissioners.	130279

(W) "Territory of the transit authority" means all of the	130280
area included within the territorial boundaries of a transit	130281
authority as they from time to time exist. Such territorial	130282
boundaries must at all times include all the area of a single	130283
county or all the area of the most populous county that is a part	130284
of such transit authority. County population shall be measured by	130285
the most recent census taken by the United States census bureau.	130286

(X) "Providing a service" means providing or furnishing	130287
anything described in division (B)(3) of this section for	130288
consideration.	130289

(Y)(1)(a) "Automatic data processing" means processing of	130290
others' data, including keypunching or similar data entry services	130291
together with verification thereof, or providing access to	130292
computer equipment for the purpose of processing data.	130293

(b) "Computer services" means providing services consisting	130294
of specifying computer hardware configurations and evaluating	130295
technical processing characteristics, computer programming, and	130296
training of computer programmers and operators, provided in	130297
conjunction with and to support the sale, lease, or operation of	130298
taxable computer equipment or systems.	130299

(c) "Electronic information services" means providing access	130300
to computer equipment by means of telecommunications equipment for	130301
the purpose of either of the following:	130302

(i) Examining or acquiring data stored in or accessible to	130303
the computer equipment;	130304

(ii) Placing data into the computer equipment to be retrieved	130305
by designated recipients with access to the computer equipment.	130306

For transactions occurring on or after the effective date of	130307
the amendment of this section by H.B. 157 of the 127th general	130308
assembly, December 21, 2007, "electronic information services"	130309
does not include electronic publishing as defined in division	130310
(LLL) of this section.	130311

(d) "Automatic data processing, computer services, or	130312
electronic information services" shall not include personal or	130313
professional services.	130314

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	130315
section, "personal and professional services" means all services	130316
other than automatic data processing, computer services, or	130317
electronic information services, including but not limited to:	130318

(a) Accounting and legal services such as advice on tax	130319
matters, asset management, budgetary matters, quality control,	130320
information security, and auditing and any other situation where	130321
the service provider receives data or information and studies,	130322
alters, analyzes, interprets, or adjusts such material;	130323

(b) Analyzing business policies and procedures;

130324

130325

(d) Feasibility studies, including economic and technical	130326
analysis of existing or potential computer hardware or software	130327
needs and alternatives;	130328

(e) Designing policies, procedures, and custom software for	130329
collecting business information, and determining how data should	130330
be summarized, sequenced, formatted, processed, controlled, and	130331
reported so that it will be meaningful to management;	130332

(f) Developing policies and procedures that document how	130333
business events and transactions are to be authorized, executed,	130334
and controlled;	130335

(g) Testing of business procedures;

130336

(h) Training personnel in business procedure applications;

130337

(i) Providing credit information to users of such information	130338
by a consumer reporting agency, as defined in the "Fair Credit	130339
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	130340
as hereafter amended, including but not limited to gathering,	130341
organizing, analyzing, recording, and furnishing such information	130342
by any oral, written, graphic, or electronic medium;	130343

(j) Providing debt collection services by any oral, written,	130344
graphic, or electronic means.	130345

The services listed in divisions (Y)(2)(a) to (j) of this	130346
section are not automatic data processing or computer services.	130347

(Z) "Highway transportation for hire" means the	130348
transportation of personal property belonging to others for	130349
consideration by any of the following:	130350

(1) The holder of a permit or certificate issued by this	130351
state or the United States authorizing the holder to engage in	130352
transportation of personal property belonging to others for	130353
consideration over or on highways, roadways, streets, or any	130354
similar public thoroughfare;	130355

(2) A person who engages in the transportation of personal	130356
property belonging to others for consideration over or on	130357
highways, roadways, streets, or any similar public thoroughfare	130358
but who could not have engaged in such transportation on December	130359
11, 1985, unless the person was the holder of a permit or	130360
certificate of the types described in division (Z)(1) of this	130361
section;	130362

(3) A person who leases a motor vehicle to and operates it	130363
for a person described by division (Z)(1) or (2) of this section.	130364

(AA)(1) "Telecommunications service" means the electronic	130365
transmission, conveyance, or routing of voice, data, audio, video,	130366
or any other information or signals to a point, or between or	130367
among points. "Telecommunications service" includes such	130368
transmission, conveyance, or routing in which computer processing	130369
applications are used to act on the form, code, or protocol of the	130370
content for purposes of transmission, conveyance, or routing	130371
without regard to whether the service is referred to as voice-over	130372
internet protocol service or is classified by the federal	130373
communications commission as enhanced or value-added.	130374
"Telecommunications service" does not include any of the	130375
following:	130376

(a) Data processing and information services that allow data	130377
to be generated, acquired, stored, processed, or retrieved and	130378
delivered by an electronic transmission to a consumer where the	130379
consumer's primary purpose for the underlying transaction is the	130380
processed data or information;	130381

(b) Installation or maintenance of wiring or equipment on a	130382
customer's premises;	130383

130384

(d) Advertising, including directory advertising;

130385

(e) Billing and collection services provided to third	130386
parties;	130387

(f) Internet access service;

130388

(g) Radio and television audio and video programming	130389
services, regardless of the medium, including the furnishing of	130390
transmission, conveyance, and routing of such services by the	130391
programming service provider. Radio and television audio and video	130392
programming services include, but are not limited to, cable	130393
service, as defined in 47 U.S.C. 522(6), and audio and video	130394
programming services delivered by commercial mobile radio service	130395
providers, as defined in 47 C.F.R. 20.3;	130396

(h) Ancillary service;

130397

(i) Digital products delivered electronically, including	130398
software, music, video, reading materials, or ring tones.	130399

(2) "Ancillary service" means a service that is associated	130400
with or incidental to the provision of telecommunications service,	130401
including conference bridging service, detailed telecommunications	130402
billing service, directory assistance, vertical service, and voice	130403
mail service. As used in this division:	130404

(a) "Conference bridging service" means an ancillary service	130405
that links two or more participants of an audio or video	130406
conference call, including providing a telephone number.	130407
"Conference bridging service" does not include telecommunications	130408
services used to reach the conference bridge.	130409

(b) "Detailed telecommunications billing service" means an	130410
ancillary service of separately stating information pertaining to	130411
individual calls on a customer's billing statement.	130412

(c) "Directory assistance" means an ancillary service of	130413
providing telephone number or address information.	130414

(d) "Vertical service" means an ancillary service that is	130415
offered in connection with one or more telecommunications	130416
services, which offers advanced calling features that allow	130417
customers to identify callers and manage multiple calls and call	130418
connections, including conference bridging service.	130419

(e) "Voice mail service" means an ancillary service that	130420
enables the customer to store, send, or receive recorded messages.	130421
"Voice mail service" does not include any vertical services that	130422
the customer may be required to have in order to utilize the voice	130423
mail service.	130424

(3) "900 service" means an inbound toll telecommunications	130425
service purchased by a subscriber that allows the subscriber's	130426
customers to call in to the subscriber's prerecorded announcement	130427
or live service, and which is typically marketed under the name	130428
"900" service" and any subsequent numbers designated by the	130429
federal communications commission. "900 service" does not include	130430
the charge for collection services provided by the seller of the	130431
telecommunications service to the subscriber, or services or	130432
products sold by the subscriber to the subscriber's customer.	130433

(4) "Prepaid calling service" means the right to access	130434
exclusively telecommunications services, which must be paid for in	130435
advance and which enables the origination of calls using an access	130436
number or authorization code, whether manually or electronically	130437
dialed, and that is sold in predetermined units or dollars of	130438
which the number declines with use in a known amount.	130439

(5) "Prepaid wireless calling service" means a	130440
telecommunications service that provides the right to utilize	130441
mobile telecommunications service as well as other	130442
non-telecommunications services, including the download of digital	130443
products delivered electronically, and content and ancillary	130444
services, that must be paid for in advance and that is sold in	130445
predetermined units or dollars of which the number declines with	130446
use in a known amount.	130447

(6) "Value-added non-voice data service" means a	130448
telecommunications service in which computer processing	130449
applications are used to act on the form, content, code, or	130450
protocol of the information or data primarily for a purpose other	130451
than transmission, conveyance, or routing.	130452

(7) "Coin-operated telephone service" means a	130453
telecommunications service paid for by inserting money into a	130454
telephone accepting direct deposits of money to operate.	130455

(8) "Customer" has the same meaning as in section 5739.034 of	130456
the Revised Code.	130457

(BB) "Laundry and dry cleaning services" means removing soil	130458
or dirt from towels, linens, articles of clothing, or other fabric	130459
items that belong to others and supplying towels, linens, articles	130460
of clothing, or other fabric items. "Laundry and dry cleaning	130461
services" does not include the provision of self-service	130462
facilities for use by consumers to remove soil or dirt from	130463
towels, linens, articles of clothing, or other fabric items.	130464

(CC) "Magazines distributed as controlled circulation	130465
publications" means magazines containing at least twenty-four	130466
pages, at least twenty-five per cent editorial content, issued at	130467
regular intervals four or more times a year, and circulated	130468
without charge to the recipient, provided that such magazines are	130469
not owned or controlled by individuals or business concerns which	130470
conduct such publications as an auxiliary to, and essentially for	130471
the advancement of the main business or calling of, those who own	130472
or control them.	130473

(DD) "Landscaping and lawn care service" means the services	130474
of planting, seeding, sodding, removing, cutting, trimming,	130475
pruning, mulching, aerating, applying chemicals, watering,	130476
fertilizing, and providing similar services to establish, promote,	130477
or control the growth of trees, shrubs, flowers, grass, ground	130478
cover, and other flora, or otherwise maintaining a lawn or	130479
landscape grown or maintained by the owner for ornamentation or	130480
other nonagricultural purpose. However, "landscaping and lawn care	130481
service" does not include the providing of such services by a	130482
person who has less than five thousand dollars in sales of such	130483
services during the calendar year.	130484

(EE) "Private investigation and security service" means the	130485
performance of any activity for which the provider of such service	130486
is required to be licensed pursuant to Chapter 4749. of the	130487
Revised Code, or would be required to be so licensed in performing	130488
such services in this state, and also includes the services of	130489
conducting polygraph examinations and of monitoring or overseeing	130490
the activities on or in, or the condition of, the consumer's home,	130491
business, or other facility by means of electronic or similar	130492
monitoring devices. "Private investigation and security service"	130493
does not include special duty services provided by off-duty police	130494
officers, deputy sheriffs, and other peace officers regularly	130495
employed by the state or a political subdivision.	130496

(FF) "Information services" means providing conversation,	130497
giving consultation or advice, playing or making a voice or other	130498
recording, making or keeping a record of the number of callers,	130499
and any other service provided to a consumer by means of a nine	130500
hundred telephone call, except when the nine hundred telephone	130501
call is the means by which the consumer makes a contribution to a	130502
recognized charity.	130503

(GG) "Research and development" means designing, creating, or	130504
formulating new or enhanced products, equipment, or manufacturing	130505
processes, and also means conducting scientific or technological	130506
inquiry and experimentation in the physical sciences with the goal	130507
of increasing scientific knowledge which may reveal the bases for	130508
new or enhanced products, equipment, or manufacturing processes.	130509

(HH) "Qualified research and development equipment" means	130510
capitalized tangible personal property, and leased personal	130511
property that would be capitalized if purchased, used by a person	130512
primarily to perform research and development. Tangible personal	130513
property primarily used in testing, as defined in division (A)(4)	130514
of section 5739.011 of the Revised Code, or used for recording or	130515
storing test results, is not qualified research and development	130516
equipment unless such property is primarily used by the consumer	130517
in testing the product, equipment, or manufacturing process being	130518
created, designed, or formulated by the consumer in the research	130519
and development activity or in recording or storing such test	130520
results.	130521

(II) "Building maintenance and janitorial service" means	130522
cleaning the interior or exterior of a building and any tangible	130523
personal property located therein or thereon, including any	130524
services incidental to such cleaning for which no separate charge	130525
is made. However, "building maintenance and janitorial service"	130526
does not include the providing of such service by a person who has	130527
less than five thousand dollars in sales of such service during	130528
the calendar year.	130529

(JJ) "Employment service" means providing or supplying	130530
personnel, on a temporary or long-term basis, to perform work or	130531
labor under the supervision or control of another, when the	130532
personnel so provided or supplied receive their wages, salary, or	130533
other compensation from the provider or supplier of the employment	130534
service or from a third party that provided or supplied the	130535
personnel to the provider or supplier. "Employment service" does	130536
not include:	130537

(1) Acting as a contractor or subcontractor, where the	130538
personnel performing the work are not under the direct control of	130539
the purchaser.	130540

(2) Medical and health care services.

130541

(3) Supplying personnel to a purchaser pursuant to a contract	130542
of at least one year between the service provider and the	130543
purchaser that specifies that each employee covered under the	130544
contract is assigned to the purchaser on a permanent basis.	130545

(4) Transactions between members of an affiliated group, as	130546
defined in division (B)(3)(e) of this section.	130547

(5) Transactions where the personnel so provided or supplied	130548
by a provider or supplier to a purchaser of an employment service	130549
are then provided or supplied by that purchaser to a third party	130550
as an employment service, except "employment service" does include	130551
the transaction between that purchaser and the third party.	130552

(KK) "Employment placement service" means locating or finding	130553
employment for a person or finding or locating an employee to fill	130554
an available position.	130555

(LL) "Exterminating service" means eradicating or attempting	130556
to eradicate vermin infestations from a building or structure, or	130557
the area surrounding a building or structure, and includes	130558
activities to inspect, detect, or prevent vermin infestation of a	130559
building or structure.	130560

(MM) "Physical fitness facility service" means all	130561
transactions by which a membership is granted, maintained, or	130562
renewed, including initiation fees, membership dues, renewal fees,	130563
monthly minimum fees, and other similar fees and dues, by a	130564
physical fitness facility such as an athletic club, health spa, or	130565
gymnasium, which entitles the member to use the facility for	130566
physical exercise.	130567

(NN) "Recreation and sports club service" means all	130568
transactions by which a membership is granted, maintained, or	130569
renewed, including initiation fees, membership dues, renewal fees,	130570
monthly minimum fees, and other similar fees and dues, by a	130571
recreation and sports club, which entitles the member to use the	130572
facilities of the organization. "Recreation and sports club" means	130573
an organization that has ownership of, or controls or leases on a	130574
continuing, long-term basis, the facilities used by its members	130575
and includes an aviation club, gun or shooting club, yacht club,	130576
card club, swimming club, tennis club, golf club, country club,	130577
riding club, amateur sports club, or similar organization.	130578

(OO) "Livestock" means farm animals commonly raised for food,	130579
food production, or other agricultural purposes, including, but	130580
not limited to, cattle, sheep, goats, swine, poultry, and captive	130581
deer. "Livestock" does not include invertebrates, amphibians,	130582
reptiles, domestic pets, animals for use in laboratories or for	130583
exhibition, or other animals not commonly raised for food or food	130584
production.	130585

(PP) "Livestock structure" means a building or structure used	130586
exclusively for the housing, raising, feeding, or sheltering of	130587
livestock, and includes feed storage or handling structures and	130588
structures for livestock waste handling.	130589

(QQ) "Horticulture" means the growing, cultivation, and	130590
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	130591
and nursery stock. As used in this division, "nursery stock" has	130592
the same meaning as in section 927.51 of the Revised Code.	130593

(RR) "Horticulture structure" means a building or structure	130594
used exclusively for the commercial growing, raising, or	130595
overwintering of horticultural products, and includes the area	130596
used for stocking, storing, and packing horticultural products	130597
when done in conjunction with the production of those products.	130598

(SS) "Newspaper" means an unbound publication bearing a title	130599
or name that is regularly published, at least as frequently as	130600
biweekly, and distributed from a fixed place of business to the	130601
public in a specific geographic area, and that contains a	130602
substantial amount of news matter of international, national, or	130603
local events of interest to the general public.	130604

(TT) "Professional racing team" means a person that employs	130605
at least twenty full-time employees for the purpose of conducting	130606
a motor vehicle racing business for profit. The person must	130607
conduct the business with the purpose of racing one or more motor	130608
racing vehicles in at least ten competitive professional racing	130609
events each year that comprise all or part of a motor racing	130610
series sanctioned by one or more motor racing sanctioning	130611
organizations. A "motor racing vehicle" means a vehicle for which	130612
the chassis, engine, and parts are designed exclusively for motor	130613
racing, and does not include a stock or production model vehicle	130614
that may be modified for use in racing. For the purposes of this	130615
division:	130616

(1) A "competitive professional racing event" is a motor	130617
vehicle racing event sanctioned by one or more motor racing	130618
sanctioning organizations, at which aggregate cash prizes in	130619
excess of eight hundred thousand dollars are awarded to the	130620
competitors.	130621

(2) "Full-time employee" means an individual who is employed	130622
for consideration for thirty-five or more hours a week, or who	130623
renders any other standard of service generally accepted by custom	130624
or specified by contract as full-time employment.	130625

(UU)(1) "Lease" or "rental" means any transfer of the	130626
possession or control of tangible personal property for a fixed or	130627
indefinite term, for consideration. "Lease" or "rental" includes	130628
future options to purchase or extend, and agreements described in	130629
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	130630
the amount of consideration may be increased or decreased by	130631
reference to the amount realized upon the sale or disposition of	130632
the property. "Lease" or "rental" does not include:	130633

(a) A transfer of possession or control of tangible personal	130634
property under a security agreement or a deferred payment plan	130635
that requires the transfer of title upon completion of the	130636
required payments;	130637

(b) A transfer of possession or control of tangible personal	130638
property under an agreement that requires the transfer of title	130639
upon completion of required payments and payment of an option	130640
price that does not exceed the greater of one hundred dollars or	130641
one per cent of the total required payments;	130642

(c) Providing tangible personal property along with an	130643
operator for a fixed or indefinite period of time, if the operator	130644
is necessary for the property to perform as designed. For purposes	130645
of this division, the operator must do more than maintain,	130646
inspect, or ~~set-up~~set up the tangible personal property.	130647

(2) "Lease" and "rental," as defined in division (UU) of this	130648
section, shall not apply to leases or rentals that exist before	130649
June 26, 2003.	130650

(3) "Lease" and "rental" have the same meaning as in division	130651
(UU)(1) of this section regardless of whether a transaction is	130652
characterized as a lease or rental under generally accepted	130653
accounting principles, the Internal Revenue Code, Title XIII of	130654
the Revised Code, or other federal, state, or local laws.	130655

(VV) "Mobile telecommunications service" has the same meaning	130656
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	130657
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	130658
on and after August 1, 2003, includes related fees and ancillary	130659
services, including universal service fees, detailed billing	130660
service, directory assistance, service initiation, voice mail	130661
service, and vertical services, such as caller ID and three-way	130662
calling.	130663

(WW) "Certified service provider" has the same meaning as in	130664
section 5740.01 of the Revised Code.	130665

(XX) "Satellite broadcasting service" means the distribution	130666
or broadcasting of programming or services by satellite directly	130667
to the subscriber's receiving equipment without the use of ground	130668
receiving or distribution equipment, except the subscriber's	130669
receiving equipment or equipment used in the uplink process to the	130670
satellite, and includes all service and rental charges, premium	130671
channels or other special services, installation and repair	130672
service charges, and any other charges having any connection with	130673
the provision of the satellite broadcasting service.	130674

(YY) "Tangible personal property" means personal property	130675
that can be seen, weighed, measured, felt, or touched, or that is	130676
in any other manner perceptible to the senses. For purposes of	130677
this chapter and Chapter 5741. of the Revised Code, "tangible	130678
personal property" includes motor vehicles, electricity, water,	130679
gas, steam, and prewritten computer software.	130680

(ZZ) "Direct mail" means printed material delivered or	130681
distributed by United States mail or other delivery service to a	130682
mass audience or to addressees on a mailing list provided by the	130683
consumer or at the direction of the consumer when the cost of the	130684
items are not billed directly to the recipients. "Direct mail"	130685
includes tangible personal property supplied directly or	130686
indirectly by the consumer to the direct mail vendor for inclusion	130687
in the package containing the printed material. "Direct mail" does	130688
not include multiple items of printed material delivered to a	130689
single address.	130690

(AAA) "Computer" means an electronic device that accepts	130691
information in digital or similar form and manipulates it for a	130692
result based on a sequence of instructions.	130693

(BBB) "Computer software" means a set of coded instructions	130694
designed to cause a computer or automatic data processing	130695
equipment to perform a task.	130696

(CCC) "Delivered electronically" means delivery of computer	130697
software from the seller to the purchaser by means other than	130698
tangible storage media.	130699

(DDD) "Prewritten computer software" means computer software,	130700
including prewritten upgrades, that is not designed and developed	130701
by the author or other creator to the specifications of a specific	130702
purchaser. The combining of two or more prewritten computer	130703
software programs or prewritten portions thereof does not cause	130704
the combination to be other than prewritten computer software.	130705
"Prewritten computer software" includes software designed and	130706
developed by the author or other creator to the specifications of	130707
a specific purchaser when it is sold to a person other than the	130708
purchaser. If a person modifies or enhances computer software of	130709
which the person is not the author or creator, the person shall be	130710
deemed to be the author or creator only of such person's	130711
modifications or enhancements. Prewritten computer software or a	130712
prewritten portion thereof that is modified or enhanced to any	130713
degree, where such modification or enhancement is designed and	130714
developed to the specifications of a specific purchaser, remains	130715
prewritten computer software; provided, however, that where there	130716
is a reasonable, separately stated charge or an invoice or other	130717
statement of the price given to the purchaser for the modification	130718
or enhancement, the modification or enhancement shall not	130719
constitute prewritten computer software.	130720

(EEE)(1) "Food" means substances, whether in liquid,	130721
concentrated, solid, frozen, dried, or dehydrated form, that are	130722
sold for ingestion or chewing by humans and are consumed for their	130723
taste or nutritional value. "Food" does not include alcoholic	130724
beverages, dietary supplements, soft drinks, or tobacco.	130725

(2) As used in division (EEE)(1) of this section:

130726

(a) "Alcoholic beverages" means beverages that are suitable	130727
for human consumption and contain one-half of one per cent or more	130728
of alcohol by volume.	130729

(b) "Dietary supplements" means any product, other than	130730
tobacco, that is intended to supplement the diet and that is	130731
intended for ingestion in tablet, capsule, powder, softgel,	130732
gelcap, or liquid form, or, if not intended for ingestion in such	130733
a form, is not represented as conventional food for use as a sole	130734
item of a meal or of the diet; that is required to be labeled as a	130735
dietary supplement, identifiable by the "supplement facts" box	130736
found on the label, as required by 21 C.F.R. 101.36; and that	130737
contains one or more of the following dietary ingredients:	130738

(i) A vitamin;

130739

(ii) A mineral;

130740

(iii) An herb or other botanical;

130741

(iv) An amino acid;

130742

(v) A dietary substance for use by humans to supplement the	130743
diet by increasing the total dietary intake;	130744

(vi) A concentrate, metabolite, constituent, extract, or	130745
combination of any ingredient described in divisions	130746
(EEE)(2)(b)(i) to (v) of this section.	130747

(c) "Soft drinks" means nonalcoholic beverages that contain	130748
natural or artificial sweeteners. "Soft drinks" does not include	130749
beverages that contain milk or milk products, soy, rice, or	130750
similar milk substitutes, or that contains greater than fifty per	130751
cent vegetable or fruit juice by volume.	130752

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	130753
tobacco, or any other item that contains tobacco.	130754

(FFF) "Drug" means a compound, substance, or preparation, and	130755
any component of a compound, substance, or preparation, other than	130756
food, dietary supplements, or alcoholic beverages that is	130757
recognized in the official United States pharmacopoeia, official	130758
homeopathic pharmacopoeia of the United States, or official	130759
national formulary, and supplements to them; is intended for use	130760
in the diagnosis, cure, mitigation, treatment, or prevention of	130761
disease; or is intended to affect the structure or any function of	130762
the body.	130763

(GGG) "Prescription" means an order, formula, or recipe	130764
issued in any form of oral, written, electronic, or other means of	130765
transmission by a duly licensed practitioner authorized by the	130766
laws of this state to issue a prescription.	130767

(HHH) "Durable medical equipment" means equipment, including	130768
repair and replacement parts for such equipment, that can	130769
withstand repeated use, is primarily and customarily used to serve	130770
a medical purpose, generally is not useful to a person in the	130771
absence of illness or injury, and is not worn in or on the body.	130772
"Durable medical equipment" does not include mobility enhancing	130773
equipment.	130774

(III) "Mobility enhancing equipment" means equipment,	130775
including repair and replacement parts for such equipment, that is	130776
primarily and customarily used to provide or increase the ability	130777
to move from one place to another and is appropriate for use	130778
either in a home or a motor vehicle, that is not generally used by	130779
persons with normal mobility, and that does not include any motor	130780
vehicle or equipment on a motor vehicle normally provided by a	130781
motor vehicle manufacturer. "Mobility enhancing equipment" does	130782
not include durable medical equipment.	130783

(JJJ) "Prosthetic device" means a replacement, corrective, or	130784
supportive device, including repair and replacement parts for the	130785
device, worn on or in the human body to artificially replace a	130786
missing portion of the body, prevent or correct physical deformity	130787
or malfunction, or support a weak or deformed portion of the body.	130788
As used in this division, "prosthetic device" does not include	130789
corrective eyeglasses, contact lenses, or dental prosthesis.	130790

(KKK)(1) "Fractional aircraft ownership program" means a	130791
program in which persons within an affiliated group sell and	130792
manage fractional ownership program aircraft, provided that at	130793
least one hundred airworthy aircraft are operated in the program	130794
and the program meets all of the following criteria:	130795

(a) Management services are provided by at least one program	130796
manager within an affiliated group on behalf of the fractional	130797
owners.	130798

(b) Each program aircraft is owned or possessed by at least	130799
one fractional owner.	130800

(c) Each fractional owner owns or possesses at least a	130801
one-sixteenth interest in at least one fixed-wing program	130802
aircraft.	130803

(d) A dry-lease aircraft interchange arrangement is in effect	130804
among all of the fractional owners.	130805

(e) Multi-year program agreements are in effect regarding the	130806
fractional ownership, management services, and dry-lease aircraft	130807
interchange arrangement aspects of the program.	130808

(2) As used in division (KKK)(1) of this section:

130809

(a) "Affiliated group" has the same meaning as in division	130810
(B)(3)(e) of this section.	130811

(b) "Fractional owner" means a person that owns or possesses	130812
at least a one-sixteenth interest in a program aircraft and has	130813
entered into the agreements described in division (KKK)(1)(e) of	130814
this section.	130815

(c) "Fractional ownership program aircraft" or "program	130816
aircraft" means a turbojet aircraft that is owned or possessed by	130817
a fractional owner and that has been included in a dry-lease	130818
aircraft interchange arrangement and agreement under divisions	130819
(KKK)(1)(d) and (e) of this section, or an aircraft a program	130820
manager owns or possesses primarily for use in a fractional	130821
aircraft ownership program.	130822

(d) "Management services" means administrative and aviation	130823
support services furnished under a fractional aircraft ownership	130824
program in accordance with a management services agreement under	130825
division (KKK)(1)(e) of this section, and offered by the program	130826
manager to the fractional owners, including, at a minimum, the	130827
establishment and implementation of safety guidelines; the	130828
coordination of the scheduling of the program aircraft and crews;	130829
program aircraft maintenance; program aircraft insurance; crew	130830
training for crews employed, furnished, or contracted by the	130831
program manager or the fractional owner; the satisfaction of	130832
record-keeping requirements; and the development and use of an	130833
operations manual and a maintenance manual for the fractional	130834
aircraft ownership program.	130835

(e) "Program manager" means the person that offers management	130836
services to fractional owners pursuant to a management services	130837
agreement under division (KKK)(1)(e) of this section.	130838

(LLL) "Electronic publishing" means providing access to one	130839
or more of the following primarily for business customers,	130840
including the federal government or a state government or a	130841
political subdivision thereof, to conduct research: news;	130842
business, financial, legal, consumer, or credit materials;	130843
editorials, columns, reader commentary, or features; photos or	130844
images; archival or research material; legal notices, identity	130845
verification, or public records; scientific, educational,	130846
instructional, technical, professional, trade, or other literary	130847
materials; or other similar information which has been gathered	130848
and made available by the provider to the consumer in an	130849
electronic format. Providing electronic publishing includes the	130850
functions necessary for the acquisition, formatting, editing,	130851
storage, and dissemination of data or information that is the	130852
subject of a sale.	130853

(MMM) "Medicaid health insuring corporation" means a health	130854
insuring corporation that holds a certificate of authority under	130855
Chapter 1751. of the Revised Code and is under contract with the	130856
department of job and family services pursuant to section 5111.17	130857
of the Revised Code.	130858

(NNN) "Managed care premium" means any premium, capitation,	130859
or other payment a medicaid health insuring corporation receives	130860
for providing or arranging for the provision of health care	130861
services to its members or enrollees residing in this state.	130862

(OOO) "Captive deer" means deer and other cervidae that have	130863
been legally acquired, or their offspring, that are privately	130864
owned for agricultural or farming purposes.	130865

(PPP) "Gift card" means a document, card, certificate, or	130866
other record, whether tangible or intangible, that may be redeemed	130867
by a consumer for a dollar value when making a purchase of	130868
tangible personal property or services.	130869

Sec. 5739.02. For the purpose of providing revenue with	130870
which to meet the needs of the state, for the use of the general	130871
revenue fund of the state, for the purpose of securing a thorough	130872
and efficient system of common schools throughout the state, for	130873
the purpose of affording revenues, in addition to those from	130874
general property taxes, permitted under constitutional	130875
limitations, and from other sources, for the support of local	130876
governmental functions, and for the purpose of reimbursing the	130877
state for the expense of administering this chapter, an excise tax	130878
is hereby levied on each retail sale made in this state.	130879

(A)(1) The tax shall be collected as provided in section	130880
5739.025 of the Revised Code. The rate of the tax shall be five	130881
and one-half per cent. The tax applies and is collectible when the	130882
sale is made, regardless of the time when the price is paid or	130883
delivered.	130884

(2) In the case of the lease or rental, with a fixed term of	130885
more than thirty days or an indefinite term with a minimum period	130886
of more than thirty days, of any motor vehicles designed by the	130887
manufacturer to carry a load of not more than one ton, watercraft,	130888
outboard motor, or aircraft, or of any tangible personal property,	130889
other than motor vehicles designed by the manufacturer to carry a	130890
load of more than one ton, to be used by the lessee or renter	130891
primarily for business purposes, the tax shall be collected by the	130892
vendor at the time the lease or rental is consummated and shall be	130893
calculated by the vendor on the basis of the total amount to be	130894
paid by the lessee or renter under the lease agreement. If the	130895
total amount of the consideration for the lease or rental includes	130896
amounts that are not calculated at the time the lease or rental is	130897
executed, the tax shall be calculated and collected by the vendor	130898
at the time such amounts are billed to the lessee or renter. In	130899
the case of an open-end lease or rental, the tax shall be	130900
calculated by the vendor on the basis of the total amount to be	130901
paid during the initial fixed term of the lease or rental, and for	130902
each subsequent renewal period as it comes due. As used in this	130903
division, "motor vehicle" has the same meaning as in section	130904
4501.01 of the Revised Code, and "watercraft" includes an outdrive	130905
unit attached to the watercraft.	130906

A lease with a renewal clause and a termination penalty or	130907
similar provision that applies if the renewal clause is not	130908
exercised is presumed to be a sham transaction. In such a case,	130909
the tax shall be calculated and paid on the basis of the entire	130910
length of the lease period, including any renewal periods, until	130911
the termination penalty or similar provision no longer applies.	130912
The taxpayer shall bear the burden, by a preponderance of the	130913
evidence, that the transaction or series of transactions is not a	130914
sham transaction.	130915

(3) Except as provided in division (A)(2) of this section, in	130916
the case of a sale, the price of which consists in whole or in	130917
part of the lease or rental of tangible personal property, the tax	130918
shall be measured by the installments of that lease or rental.	130919

(4) In the case of a sale of a physical fitness facility	130920
service or recreation and sports club service, the price of which	130921
consists in whole or in part of a membership for the receipt of	130922
the benefit of the service, the tax applicable to the sale shall	130923
be measured by the installments thereof.	130924

(B) The tax does not apply to the following:

130925

(1) Sales to the state or any of its political subdivisions,	130926
or to any other state or its political subdivisions if the laws of	130927
that state exempt from taxation sales made to this state and its	130928
political subdivisions;	130929

(2) Sales of food for human consumption off the premises	130930
where sold;	130931

(3) Sales of food sold to students only in a cafeteria,	130932
dormitory, fraternity, or sorority maintained in a private,	130933
public, or parochial school, college, or university;	130934

(4) Sales of newspapers and of magazine subscriptions and	130935
sales or transfers of magazines distributed as controlled	130936
circulation publications;	130937

(5) The furnishing, preparing, or serving of meals without	130938
charge by an employer to an employee provided the employer records	130939
the meals as part compensation for services performed or work	130940
done;	130941

(6) Sales of motor fuel upon receipt, use, distribution, or	130942
sale of which in this state a tax is imposed by the law of this	130943
state, but this exemption shall not apply to the sale of motor	130944
fuel on which a refund of the tax is allowable under division (A)	130945
of section 5735.14 of the Revised Code; and the tax commissioner	130946
may deduct the amount of tax levied by this section applicable to	130947
the price of motor fuel when granting a refund of motor fuel tax	130948
pursuant to division (A) of section 5735.14 of the Revised Code	130949
and shall cause the amount deducted to be paid into the general	130950
revenue fund of this state;	130951

(7) Sales of natural gas by a natural gas company, of water	130952
by a water-works company, or of steam by a heating company, if in	130953
each case the thing sold is delivered to consumers through pipes	130954
or conduits, and all sales of communications services by a	130955
telegraph company, all terms as defined in section 5727.01 of the	130956
Revised Code, and sales of electricity delivered through wires;	130957

(8) Casual sales by a person, or auctioneer employed directly	130958
by the person to conduct such sales, except as to such sales of	130959
motor vehicles, watercraft or outboard motors required to be	130960
titled under section 1548.06 of the Revised Code, watercraft	130961
documented with the United States coast guard, snowmobiles, and	130962
all-purpose vehicles as defined in section 4519.01 of the Revised	130963
Code;	130964

(9)(a) Sales of services or tangible personal property, other	130965
than motor vehicles, mobile homes, and manufactured homes, by	130966
churches, organizations exempt from taxation under section	130967
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	130968
organizations operated exclusively for charitable purposes as	130969
defined in division (B)(12) of this section, provided that the	130970
number of days on which such tangible personal property or	130971
services, other than items never subject to the tax, are sold does	130972
not exceed six in any calendar year, except as otherwise provided	130973
in division (B)(9)(b) of this section. If the number of days on	130974
which such sales are made exceeds six in any calendar year, the	130975
church or organization shall be considered to be engaged in	130976
business and all subsequent sales by it shall be subject to the	130977
tax. In counting the number of days, all sales by groups within a	130978
church or within an organization shall be considered to be sales	130979
of that church or organization.	130980

(b) The limitation on the number of days on which tax-exempt	130981
sales may be made by a church or organization under division	130982
(B)(9)(a) of this section does not apply to sales made by student	130983
clubs and other groups of students of a primary or secondary	130984
school, or a parent-teacher association, booster group, or similar	130985
organization that raises money to support or fund curricular or	130986
extracurricular activities of a primary or secondary school.	130987

(c) Divisions (B)(9)(a) and (b) of this section do not apply	130988
to sales by a noncommercial educational radio or television	130989
broadcasting station.	130990

(10) Sales not within the taxing power of this state under	130991
the Constitution or laws of the United States or the Constitution	130992
of this state;	130993

(11) Except for transactions that are sales under division	130994
(B)(3)(r) of section 5739.01 of the Revised Code, the	130995
transportation of persons or property, unless the transportation	130996
is by a private investigation and security service;	130997

(12) Sales of tangible personal property or services to	130998
churches, to organizations exempt from taxation under section	130999
501(c)(3) of the Internal Revenue Code of 1986, and to any other	131000
nonprofit organizations operated exclusively for charitable	131001
purposes in this state, no part of the net income of which inures	131002
to the benefit of any private shareholder or individual, and no	131003
substantial part of the activities of which consists of carrying	131004
on propaganda or otherwise attempting to influence legislation;	131005
sales to offices administering one or more homes for the aged or	131006
one or more hospital facilities exempt under section 140.08 of the	131007
Revised Code; and sales to organizations described in division (D)	131008
of section 5709.12 of the Revised Code.	131009

"Charitable purposes" means the relief of poverty; the	131010
improvement of health through the alleviation of illness, disease,	131011
or injury; the operation of an organization exclusively for the	131012
provision of professional, laundry, printing, and purchasing	131013
services to hospitals or charitable institutions; the operation of	131014
a home for the aged, as defined in section 5701.13 of the Revised	131015
Code; the operation of a radio or television broadcasting station	131016
that is licensed by the federal communications commission as a	131017
noncommercial educational radio or television station; the	131018
operation of a nonprofit animal adoption service or a county	131019
humane society; the promotion of education by an institution of	131020
learning that maintains a faculty of qualified instructors,	131021
teaches regular continuous courses of study, and confers a	131022
recognized diploma upon completion of a specific curriculum; the	131023
operation of a parent-teacher association, booster group, or	131024
similar organization primarily engaged in the promotion and	131025
support of the curricular or extracurricular activities of a	131026
primary or secondary school; the operation of a community or area	131027
center in which presentations in music, dramatics, the arts, and	131028
related fields are made in order to foster public interest and	131029
education therein; the production of performances in music,	131030
dramatics, and the arts; or the promotion of education by an	131031
organization engaged in carrying on research in, or the	131032
dissemination of, scientific and technological knowledge and	131033
information primarily for the public.	131034

Nothing in this division shall be deemed to exempt sales to	131035
any organization for use in the operation or carrying on of a	131036
trade or business, or sales to a home for the aged for use in the	131037
operation of independent living facilities as defined in division	131038
(A) of section 5709.12 of the Revised Code.	131039

(13) Building and construction materials and services sold to	131040
construction contractors for incorporation into a structure or	131041
improvement to real property under a construction contract with	131042
this state or a political subdivision of this state, or with the	131043
United States government or any of its agencies; building and	131044
construction materials and services sold to construction	131045
contractors for incorporation into a structure or improvement to	131046
real property that are accepted for ownership by this state or any	131047
of its political subdivisions, or by the United States government	131048
or any of its agencies at the time of completion of the structures	131049
or improvements; building and construction materials sold to	131050
construction contractors for incorporation into a horticulture	131051
structure or livestock structure for a person engaged in the	131052
business of horticulture or producing livestock; building	131053
materials and services sold to a construction contractor for	131054
incorporation into a house of public worship or religious	131055
education, or a building used exclusively for charitable purposes	131056
under a construction contract with an organization whose purpose	131057
is as described in division (B)(12) of this section; building	131058
materials and services sold to a construction contractor for	131059
incorporation into a building under a construction contract with	131060
an organization exempt from taxation under section 501(c)(3) of	131061
the Internal Revenue Code of 1986 when the building is to be used	131062
exclusively for the organization's exempt purposes; building and	131063
construction materials sold for incorporation into the original	131064
construction of a sports facility under section 307.696 of the	131065
Revised Code; building and construction materials and services	131066
sold to a construction contractor for incorporation into real	131067
property outside this state if such materials and services, when	131068
sold to a construction contractor in the state in which the real	131069
property is located for incorporation into real property in that	131070
state, would be exempt from a tax on sales levied by that state;	131071
and, until one calendar year after the construction of a	131072
convention center that qualifies for property tax exemption under	131073
section 5709.084 of the Revised Code is completed, building and	131074
construction materials and services sold to a construction	131075
contractor for incorporation into the real property comprising	131076
that convention center;	131077

(14) Sales of ships or vessels or rail rolling stock used or	131078
to be used principally in interstate or foreign commerce, and	131079
repairs, alterations, fuel, and lubricants for such ships or	131080
vessels or rail rolling stock;	131081

(15) Sales to persons primarily engaged in any of the	131082
activities mentioned in division (B)(42)(a), (g), or (h) of this	131083
section, to persons engaged in making retail sales, or to persons	131084
who purchase for sale from a manufacturer tangible personal	131085
property that was produced by the manufacturer in accordance with	131086
specific designs provided by the purchaser, of packages, including	131087
material, labels, and parts for packages, and of machinery,	131088
equipment, and material for use primarily in packaging tangible	131089
personal property produced for sale, including any machinery,	131090
equipment, and supplies used to make labels or packages, to	131091
prepare packages or products for labeling, or to label packages or	131092
products, by or on the order of the person doing the packaging, or	131093
sold at retail. "Packages" includes bags, baskets, cartons,	131094
crates, boxes, cans, bottles, bindings, wrappings, and other	131095
similar devices and containers, but does not include motor	131096
vehicles or bulk tanks, trailers, or similar devices attached to	131097
motor vehicles. "Packaging" means placing in a package. Division	131098
(B)(15) of this section does not apply to persons engaged in	131099
highway transportation for hire.	131100

(16) Sales of food to persons using supplemental nutrition	131101
assistance program benefits to purchase the food. As used in this	131102
division, "food" has the same meaning as in 7 U.S.C. 2012 and	131103
federal regulations adopted pursuant to the Food and Nutrition Act	131104
of 2008.	131105

(17) Sales to persons engaged in farming, agriculture,	131106
horticulture, or floriculture, of tangible personal property for	131107
use or consumption primarily in the production by farming,	131108
agriculture, horticulture, or floriculture of other tangible	131109
personal property for use or consumption primarily in the	131110
production of tangible personal property for sale by farming,	131111
agriculture, horticulture, or floriculture; or material and parts	131112
for incorporation into any such tangible personal property for use	131113
or consumption in production; and of tangible personal property	131114
for such use or consumption in the conditioning or holding of	131115
products produced by and for such use, consumption, or sale by	131116
persons engaged in farming, agriculture, horticulture, or	131117
floriculture, except where such property is incorporated into real	131118
property;	131119

(18) Sales of drugs for a human being that may be dispensed	131120
only pursuant to a prescription; insulin as recognized in the	131121
official United States pharmacopoeia; urine and blood testing	131122
materials when used by diabetics or persons with hypoglycemia to	131123
test for glucose or acetone; hypodermic syringes and needles when	131124
used by diabetics for insulin injections; epoetin alfa when	131125
purchased for use in the treatment of persons with medical	131126
disease; hospital beds when purchased by hospitals, nursing homes,	131127
or other medical facilities; and medical oxygen and medical	131128
oxygen-dispensing equipment when purchased by hospitals, nursing	131129
homes, or other medical facilities;	131130

(19) Sales of prosthetic devices, durable medical equipment	131131
for home use, or mobility enhancing equipment, when made pursuant	131132
to a prescription and when such devices or equipment are for use	131133
by a human being.	131134

(20) Sales of emergency and fire protection vehicles and	131135
equipment to nonprofit organizations for use solely in providing	131136
fire protection and emergency services, including trauma care and	131137
emergency medical services, for political subdivisions of the	131138
state;	131139

(21) Sales of tangible personal property manufactured in this	131140
state, if sold by the manufacturer in this state to a retailer for	131141
use in the retail business of the retailer outside of this state	131142
and if possession is taken from the manufacturer by the purchaser	131143
within this state for the sole purpose of immediately removing the	131144
same from this state in a vehicle owned by the purchaser;	131145

(22) Sales of services provided by the state or any of its	131146
political subdivisions, agencies, instrumentalities, institutions,	131147
or authorities, or by governmental entities of the state or any of	131148
its political subdivisions, agencies, instrumentalities,	131149
institutions, or authorities;	131150

(23) Sales of motor vehicles to nonresidents of this state	131151
under the circumstances described in division (B) of section	131152
5739.029 of the Revised Code;	131153

(24) Sales to persons engaged in the preparation of eggs for	131154
sale of tangible personal property used or consumed directly in	131155
such preparation, including such tangible personal property used	131156
for cleaning, sanitizing, preserving, grading, sorting, and	131157
classifying by size; packages, including material and parts for	131158
packages, and machinery, equipment, and material for use in	131159
packaging eggs for sale; and handling and transportation equipment	131160
and parts therefor, except motor vehicles licensed to operate on	131161
public highways, used in intraplant or interplant transfers or	131162
shipment of eggs in the process of preparation for sale, when the	131163
plant or plants within or between which such transfers or	131164
shipments occur are operated by the same person. "Packages"	131165
includes containers, cases, baskets, flats, fillers, filler flats,	131166
cartons, closure materials, labels, and labeling materials, and	131167
"packaging" means placing therein.	131168

(25)(a) Sales of water to a consumer for residential use;

131169

(b) Sales of water by a nonprofit corporation engaged	131170
exclusively in the treatment, distribution, and sale of water to	131171
consumers, if such water is delivered to consumers through pipes	131172
or tubing.	131173

(26) Fees charged for inspection or reinspection of motor	131174
vehicles under section 3704.14 of the Revised Code;	131175

(27) Sales to persons licensed to conduct a food service	131176
operation pursuant to section 3717.43 of the Revised Code, of	131177
tangible personal property primarily used directly for the	131178
following:	131179

(a) To prepare food for human consumption for sale;

131180

(b) To preserve food that has been or will be prepared for	131181
human consumption for sale by the food service operator, not	131182
including tangible personal property used to display food for	131183
selection by the consumer;	131184

(c) To clean tangible personal property used to prepare or	131185
serve food for human consumption for sale.	131186

(28) Sales of animals by nonprofit animal adoption services	131187
or county humane societies;	131188

(29) Sales of services to a corporation described in division	131189
(A) of section 5709.72 of the Revised Code, and sales of tangible	131190
personal property that qualifies for exemption from taxation under	131191
section 5709.72 of the Revised Code;	131192

(30) Sales and installation of agricultural land tile, as	131193
defined in division (B)(5)(a) of section 5739.01 of the Revised	131194
Code;	131195

(31) Sales and erection or installation of portable grain	131196
bins, as defined in division (B)(5)(b) of section 5739.01 of the	131197
Revised Code;	131198

(32) The sale, lease, repair, and maintenance of, parts for,	131199
or items attached to or incorporated in, motor vehicles that are	131200
primarily used for transporting tangible personal property	131201
belonging to others by a person engaged in highway transportation	131202
for hire, except for packages and packaging used for the	131203
transportation of tangible personal property;	131204

(33) Sales to the state headquarters of any veterans'	131205
organization in this state that is either incorporated and issued	131206
a charter by the congress of the United States or is recognized by	131207
the United States veterans administration, for use by the	131208
headquarters;	131209

(34) Sales to a telecommunications service vendor, mobile	131210
telecommunications service vendor, or satellite broadcasting	131211
service vendor of tangible personal property and services used	131212
directly and primarily in transmitting, receiving, switching, or	131213
recording any interactive, one- or two-way electromagnetic	131214
communications, including voice, image, data, and information,	131215
through the use of any medium, including, but not limited to,	131216
poles, wires, cables, switching equipment, computers, and record	131217
storage devices and media, and component parts for the tangible	131218
personal property. The exemption provided in this division shall	131219
be in lieu of all other exemptions under division (B)(42)(a) or	131220
(n) of this section to which the vendor may otherwise be entitled,	131221
based upon the use of the thing purchased in providing the	131222
telecommunications, mobile telecommunications, or satellite	131223
broadcasting service.	131224

(35)(a) Sales where the purpose of the consumer is to use or	131225
consume the things transferred in making retail sales and	131226
consisting of newspaper inserts, catalogues, coupons, flyers, gift	131227
certificates, or other advertising material that prices and	131228
describes tangible personal property offered for retail sale.	131229

(b) Sales to direct marketing vendors of preliminary	131230
materials such as photographs, artwork, and typesetting that will	131231
be used in printing advertising material; and of printed matter	131232
that offers free merchandise or chances to win sweepstake prizes	131233
and that is mailed to potential customers with advertising	131234
material described in division (B)(35)(a) of this section;	131235

(c) Sales of equipment such as telephones, computers,	131236
facsimile machines, and similar tangible personal property	131237
primarily used to accept orders for direct marketing retail sales.	131238

(d) Sales of automatic food vending machines that preserve	131239
food with a shelf life of forty-five days or less by refrigeration	131240
and dispense it to the consumer.	131241

For purposes of division (B)(35) of this section, "direct	131242
marketing" means the method of selling where consumers order	131243
tangible personal property by United States mail, delivery	131244
service, or telecommunication and the vendor delivers or ships the	131245
tangible personal property sold to the consumer from a warehouse,	131246
catalogue distribution center, or similar fulfillment facility by	131247
means of the United States mail, delivery service, or common	131248
carrier.	131249

(36) Sales to a person engaged in the business of	131250
horticulture or producing livestock of materials to be	131251
incorporated into a horticulture structure or livestock structure;	131252

(37) Sales of personal computers, computer monitors, computer	131253
keyboards, modems, and other peripheral computer equipment to an	131254
individual who is licensed or certified to teach in an elementary	131255
or a secondary school in this state for use by that individual in	131256
preparation for teaching elementary or secondary school students;	131257

(38) Sales to a professional racing team of any of the	131258
following:	131259

(a) Motor racing vehicles;

131260

(b) Repair services for motor racing vehicles;

131261

(c) Items of property that are attached to or incorporated in	131262
motor racing vehicles, including engines, chassis, and all other	131263
components of the vehicles, and all spare, replacement, and	131264
rebuilt parts or components of the vehicles; except not including	131265
tires, consumable fluids, paint, and accessories consisting of	131266
instrumentation sensors and related items added to the vehicle to	131267
collect and transmit data by means of telemetry and other forms of	131268
communication.	131269

(39) Sales of used manufactured homes and used mobile homes,	131270
as defined in section 5739.0210 of the Revised Code, made on or	131271
after January 1, 2000;	131272

(40) Sales of tangible personal property and services to a	131273
provider of electricity used or consumed directly and primarily in	131274
generating, transmitting, or distributing electricity for use by	131275
others, including property that is or is to be incorporated into	131276
and will become a part of the consumer's production, transmission,	131277
or distribution system and that retains its classification as	131278
tangible personal property after incorporation; fuel or power used	131279
in the production, transmission, or distribution of electricity;	131280
energy conversion equipment as defined in section 5727.01 of the	131281
Revised Code; and tangible personal property and services used in	131282
the repair and maintenance of the production, transmission, or	131283
distribution system, including only those motor vehicles as are	131284
specially designed and equipped for such use. The exemption	131285
provided in this division shall be in lieu of all other exemptions	131286
in division (B)(42)(a) or (n) of this section to which a provider	131287
of electricity may otherwise be entitled based on the use of the	131288
tangible personal property or service purchased in generating,	131289
transmitting, or distributing electricity.	131290

(41) Sales to a person providing services under division	131291
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	131292
personal property and services used directly and primarily in	131293
providing taxable services under that section.	131294

(42) Sales where the purpose of the purchaser is to do any of	131295
the following:	131296

(a) To incorporate the thing transferred as a material or a	131297
part into tangible personal property to be produced for sale by	131298
manufacturing, assembling, processing, or refining; or to use or	131299
consume the thing transferred directly in producing tangible	131300
personal property for sale by mining, including, without	131301
limitation, the extraction from the earth of all substances that	131302
are classed geologically as minerals, production of crude oil and	131303
natural gas, or directly in the rendition of a public utility	131304
service, except that the sales tax levied by this section shall be	131305
collected upon all meals, drinks, and food for human consumption	131306
sold when transporting persons. Persons engaged in rendering	131307
services in the exploration for, and production of, crude oil and	131308
natural gas for others are deemed engaged directly in the	131309
exploration for, and production of, crude oil and natural gas.	131310
This paragraph does not exempt from "retail sale" or "sales at	131311
retail" the sale of tangible personal property that is to be	131312
incorporated into a structure or improvement to real property.	131313

(b) To hold the thing transferred as security for the	131314
performance of an obligation of the vendor;	131315

(c) To resell, hold, use, or consume the thing transferred as	131316
evidence of a contract of insurance;	131317

(d) To use or consume the thing directly in commercial	131318
fishing;	131319

(e) To incorporate the thing transferred as a material or a	131320
part into, or to use or consume the thing transferred directly in	131321
the production of, magazines distributed as controlled circulation	131322
publications;	131323

(f) To use or consume the thing transferred in the production	131324
and preparation in suitable condition for market and sale of	131325
printed, imprinted, overprinted, lithographic, multilithic,	131326
blueprinted, photostatic, or other productions or reproductions of	131327
written or graphic matter;	131328

(g) To use the thing transferred, as described in section	131329
5739.011 of the Revised Code, primarily in a manufacturing	131330
operation to produce tangible personal property for sale;	131331

(h) To use the benefit of a warranty, maintenance or service	131332
contract, or similar agreement, as described in division (B)(7) of	131333
section 5739.01 of the Revised Code, to repair or maintain	131334
tangible personal property, if all of the property that is the	131335
subject of the warranty, contract, or agreement would not be	131336
subject to the tax imposed by this section;	131337

(i) To use the thing transferred as qualified research and	131338
development equipment;	131339

(j) To use or consume the thing transferred primarily in	131340
storing, transporting, mailing, or otherwise handling purchased	131341
sales inventory in a warehouse, distribution center, or similar	131342
facility when the inventory is primarily distributed outside this	131343
state to retail stores of the person who owns or controls the	131344
warehouse, distribution center, or similar facility, to retail	131345
stores of an affiliated group of which that person is a member, or	131346
by means of direct marketing. This division does not apply to	131347
motor vehicles registered for operation on the public highways. As	131348
used in this division, "affiliated group" has the same meaning as	131349
in division (B)(3)(e) of section 5739.01 of the Revised Code and	131350
"direct marketing" has the same meaning as in division (B)(35) of	131351
this section.	131352

(k) To use or consume the thing transferred to fulfill a	131353
contractual obligation incurred by a warrantor pursuant to a	131354
warranty provided as a part of the price of the tangible personal	131355
property sold or by a vendor of a warranty, maintenance or service	131356
contract, or similar agreement the provision of which is defined	131357
as a sale under division (B)(7) of section 5739.01 of the Revised	131358
Code;	131359

(l) To use or consume the thing transferred in the production	131360
of a newspaper for distribution to the public;	131361

(m) To use tangible personal property to perform a service	131362
listed in division (B)(3) of section 5739.01 of the Revised Code,	131363
if the property is or is to be permanently transferred to the	131364
consumer of the service as an integral part of the performance of	131365
the service;	131366

(n) To use or consume the thing transferred primarily in	131367
producing tangible personal property for sale by farming,	131368
agriculture, horticulture, or floriculture. Persons engaged in	131369
rendering farming, agriculture, horticulture, or floriculture	131370
services for others are deemed engaged primarily in farming,	131371
agriculture, horticulture, or floriculture. This paragraph does	131372
not exempt from "retail sale" or "sales at retail" the sale of	131373
tangible personal property that is to be incorporated into a	131374
structure or improvement to real property.	131375

(o) To use or consume the thing transferred in acquiring,	131376
formatting, editing, storing, and disseminating data or	131377
information by electronic publishing.	131378

As used in division (B)(42) of this section, "thing" includes	131379
all transactions included in divisions (B)(3)(a), (b), and (e) of	131380
section 5739.01 of the Revised Code.	131381

(43) Sales conducted through a coin operated device that	131382
activates vacuum equipment or equipment that dispenses water,	131383
whether or not in combination with soap or other cleaning agents	131384
or wax, to the consumer for the consumer's use on the premises in	131385
washing, cleaning, or waxing a motor vehicle, provided no other	131386
personal property or personal service is provided as part of the	131387
transaction.	131388

(44) Sales of replacement and modification parts for engines,	131389
airframes, instruments, and interiors in, and paint for, aircraft	131390
used primarily in a fractional aircraft ownership program, and	131391
sales of services for the repair, modification, and maintenance of	131392
such aircraft, and machinery, equipment, and supplies primarily	131393
used to provide those services.	131394

(45) Sales of telecommunications service that is used	131395
directly and primarily to perform the functions of a call center.	131396
As used in this division, "call center" means any physical	131397
location where telephone calls are placed or received in high	131398
volume for the purpose of making sales, marketing, customer	131399
service, technical support, or other specialized business	131400
activity, and that employs at least fifty individuals that engage	131401
in call center activities on a full-time basis, or sufficient	131402
individuals to fill fifty full-time equivalent positions.	131403

(46) Sales by a telecommunications service vendor of 900	131404
service to a subscriber. This division does not apply to	131405
information services, as defined in division (FF) of section	131406
5739.01 of the Revised Code.	131407

(47) Sales of value-added non-voice data service. This	131408
division does not apply to any similar service that is not	131409
otherwise a telecommunications service.	131410

(48)(a) Sales of machinery, equipment, and software to a	131411
qualified direct selling entity for use in a warehouse or	131412
distribution center primarily for storing, transporting, or	131413
otherwise handling inventory that is held for sale to independent	131414
salespersons who operate as direct sellers and that is held	131415
primarily for distribution outside this state;	131416

(b) As used in division (B)(48)(a) of this section:

131417

(i) "Direct seller" means a person selling consumer products	131418
to individuals for personal or household use and not from a fixed	131419
retail location, including selling such product at in-home product	131420
demonstrations, parties, and other one-on-one selling.	131421

(ii) "Qualified direct selling entity" means an entity	131422
selling to direct sellers at the time the entity enters into a tax	131423
credit agreement with the tax credit authority pursuant to section	131424
122.17 of the Revised Code, provided that the agreement was	131425
entered into on or after January 1, 2007. Neither contingencies	131426
relevant to the granting of, nor later developments with respect	131427
to, the tax credit shall impair the status of the qualified direct	131428
selling entity under division (B)(48) of this section after	131429
execution of the tax credit agreement by the tax credit authority.	131430

(c) Division (B)(48) of this section is limited to machinery,	131431
equipment, and software first stored, used, or consumed in this	131432
state within the period commencing June 24, 2008, and ending on	131433
the date that is five years after that date.	131434

(49)(a) Sales of materials, parts, equipment, or engines used	131435
in the repair or maintenance of aircraft or avionics systems of	131436
such aircraft, and sales of repair, remodeling, replacement, or	131437
maintenance services in this state performed on aircraft or on an	131438
aircraft's avionics, engine, or component materials or parts. As	131439
used in division (B)(49)(a) of this section, "aircraft" means	131440
aircraft of more than six thousand pounds maximum certified	131441
takeoff weight or used exclusively in general aviation.	131442

(b) Sales of tangible personal property, including materials,	131443
parts, equipment, software, supplies, tools, fuel, catalysts, oil,	131444
acids, and other consumables, or services used or consumed in	131445
performing research and development activities with respect to	131446
aerospace vehicles, the parts, avionics systems, control systems,	131447
engines, software, component materials, or component parts of such	131448
aerospace vehicles, and human performance equipment and technology	131449
associated with operating and testing aerospace vehicles. As used	131450
in division (B)(49)(b) of this section, "aerospace vehicles" means	131451
any manned or unmanned aviation device including, but not limited	131452
to, aircraft, airplanes, helicopters, missiles, rockets, and space	131453
vehicles.	131454

(50) Sales of full flight simulators that are used for pilot	131455
or flight-crew training, sales of repair or replacement parts or	131456
components, and sales of repair or maintenance services for such	131457
full flight simulators. "Full flight simulator" means a replica of	131458
a specific type, or make, model, and series of aircraft cockpit.	131459
It includes the assemblage of equipment and computer programs	131460
necessary to represent aircraft operations in ground and flight	131461
conditions, a visual system providing an out-of-the-cockpit view,	131462
and a system that provides cues at least equivalent to those of a	131463
three-degree-of-freedom motion system, and has the full range of	131464
capabilities of the systems installed in the device as described	131465
in appendices A and B of part 60 of chapter 1 of title 14 of the	131466
Code of Federal Regulations.	131467

(51) Any transfer or lease of tangible personal property	131468
between the state and a successful proposer in accordance with	131469
sections 126.60 to 126.605 of the Revised Code, provided the	131470
property is part of a project as defined in section 126.60 of the	131471
Revised Code and the state retains ownership of the project or	131472
part thereof that is being transferred or leased, between the	131473
state and JobsOhio in accordance with section 4313.02 of the	131474
Revised Code.	131475

(52)(a) Sales to a qualifying corporation.

131476

(b) As used in division (B)(52) of this section:

131477

(i) "Qualifying corporation" means a nonprofit corporation	131478
organized in this state that leases from an eligible county land,	131479
buildings, structures, fixtures, and improvements to the land that	131480
are part of or used in a public recreational facility used by a	131481
major league professional athletic team or a class A to class AAA	131482
minor league affiliate of a major league professional athletic	131483
team for a significant portion of the team's home schedule,	131484
provided the following apply:	131485

(I) The facility is leased from the eligible county pursuant	131486
to a lease that requires substantially all of the revenue from the	131487
operation of the business or activity conducted by the nonprofit	131488
corporation at the facility in excess of operating costs, capital	131489
expenditures, and reserves to be paid to the eligible county at	131490
least once per calendar year.	131491

(II) Upon dissolution and liquidation of the nonprofit	131492
corporation, all of its net assets are distributable to the board	131493
of commissioners of the eligible county from which the corporation	131494
leases the facility.	131495

(ii) "Eligible county" has the same meaning as in section	131496
307.695 of the Revised Code.	131497

(C) For the purpose of the proper administration of this	131498
chapter, and to prevent the evasion of the tax, it is presumed	131499
that all sales made in this state are subject to the tax until the	131500
contrary is established.	131501

(D) The levy of this tax on retail sales of recreation and	131502
sports club service shall not prevent a municipal corporation from	131503
levying any tax on recreation and sports club dues or on any	131504
income generated by recreation and sports club dues.	131505

(E) The tax collected by the vendor from the consumer under	131506
this chapter is not part of the price, but is a tax collection for	131507
the benefit of the state, and of counties levying an additional	131508
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	131509
Code and of transit authorities levying an additional sales tax	131510
pursuant to section 5739.023 of the Revised Code. Except for the	131511
discount authorized under section 5739.12 of the Revised Code and	131512
the effects of any rounding pursuant to section 5703.055 of the	131513
Revised Code, no person other than the state or such a county or	131514
transit authority shall derive any benefit from the collection or	131515
payment of the tax levied by this section or section 5739.021,	131516
5739.023, or 5739.026 of the Revised Code.	131517

Sec. 5739.026. (A) A board of county commissioners may levy	131518
a tax of one-fourth or one-half of one per cent on every retail	131519
sale in the county, except sales of watercraft and outboard motors	131520
required to be titled pursuant to Chapter 1548. of the Revised	131521
Code and sales of motor vehicles, and may increase an existing	131522
rate of one-fourth of one per cent to one-half of one per cent, to	131523
pay the expenses of administering the tax and, except as provided	131524
in division (A)(6) of this section, for any one or more of the	131525
following purposes provided that the aggregate levy for all such	131526
purposes does not exceed one-half of one per cent:	131527

(1) To provide additional revenues for the payment of bonds	131528
or notes issued in anticipation of bonds issued by a convention	131529
facilities authority established by the board of county	131530
commissioners under Chapter 351. of the Revised Code and to	131531
provide additional operating revenues for the convention	131532
facilities authority;	131533

(2) To provide additional revenues for a transit authority	131534
operating in the county;	131535

(3) To provide additional revenue for the county's general	131536
fund;	131537

(4) To provide additional revenue for permanent improvements	131538
within the county to be distributed by the community improvements	131539
board in accordance with section 307.283 and to pay principal,	131540
interest, and premium on bonds issued under section 307.284 of the	131541
Revised Code;	131542

(5) To provide additional revenue for the acquisition,	131543
construction, equipping, or repair of any specific permanent	131544
improvement or any class or group of permanent improvements, which	131545
improvement or class or group of improvements shall be enumerated	131546
in the resolution required by division (D) of this section, and to	131547
pay principal, interest, premium, and other costs associated with	131548
the issuance of bonds or notes in anticipation of bonds issued	131549
pursuant to Chapter 133. of the Revised Code for the acquisition,	131550
construction, equipping, or repair of the specific permanent	131551
improvement or class or group of permanent improvements;	131552

(6) To provide revenue for the implementation and operation	131553
of a 9-1-1 system in the county. If the tax is levied or the rate	131554
increased exclusively for such purpose, the tax shall not be	131555
levied or the rate increased for more than five years. At the end	131556
of the last year the tax is levied or the rate increased, any	131557
balance remaining in the special fund established for such purpose	131558
shall remain in that fund and be used exclusively for such purpose	131559
until the fund is completely expended, and, notwithstanding	131560
section 5705.16 of the Revised Code, the board of county	131561
commissioners shall not petition for the transfer of money from	131562
such special fund, and the tax commissioner shall not approve such	131563
a petition.	131564

If the tax is levied or the rate increased for such purpose	131565
for more than five years, the board of county commissioners also	131566
shall levy the tax or increase the rate of the tax for one or more	131567
of the purposes described in divisions (A)(1) to (5) of this	131568
section and shall prescribe the method for allocating the revenues	131569
from the tax each year in the manner required by division (C) of	131570
this section.	131571

(7) To provide additional revenue for the operation or	131572
maintenance of a detention facility, as that term is defined under	131573
division (F) of section 2921.01 of the Revised Code;	131574

(8) To provide revenue to finance the construction or	131575
renovation of a sports facility, but only if the tax is levied for	131576
that purpose in the manner prescribed by section 5739.028 of the	131577
Revised Code.	131578

As used in division (A)(8) of this section:

131579

(a) "Sports facility" means a facility intended to house	131580
major league professional athletic teams.	131581

(b) "Constructing" or "construction" includes providing	131582
fixtures, furnishings, and equipment.	131583

(9) To provide additional revenue for the acquisition of	131584
agricultural easements, as defined in section 5301.67 of the	131585
Revised Code; to pay principal, interest, and premium on bonds	131586
issued under section 133.60 of the Revised Code; and for the	131587
supervision and enforcement of agricultural easements held by the	131588
county;	131589

(10) To provide revenue for the provision of ambulance,	131590
paramedic, or other emergency medical services;	131591

(11) To provide revenue for the operation of a lake	131592
facilities authority and the remediation of an impacted watershed	131593
by a lake facilities authority, as provided in Chapter 353. of the	131594
Revised Code.	131595

Pursuant to section 755.171 of the Revised Code, a board of	131596
county commissioners may pledge and contribute revenue from a tax	131597
levied for the purpose of division (A)(5) of this section to the	131598
payment of debt charges on bonds issued under section 755.17 of	131599
the Revised Code.	131600

The rate of tax shall be a multiple of one-fourth of one per	131601
cent, unless a portion of the rate of an existing tax levied under	131602
section 5739.023 of the Revised Code has been reduced, and the	131603
rate of tax levied under this section has been increased, pursuant	131604
to section 5739.028 of the Revised Code, in which case the	131605
aggregate of the rates of tax levied under this section and	131606
section 5739.023 of the Revised Code shall be a multiple of	131607
one-fourth of one per cent. The tax shall be levied and the rate	131608
increased pursuant to a resolution adopted by a majority of the	131609
members of the board. The board shall deliver a certified copy of	131610
the resolution to the tax commissioner, not later than the	131611
sixty-fifth day prior to the date on which the tax is to become	131612
effective, which shall be the first day of a calendar quarter.	131613

Prior to the adoption of any resolution to levy the tax or to	131614
increase the rate of tax exclusively for the purpose set forth in	131615
division (A)(3) of this section, the board of county commissioners	131616
shall conduct two public hearings on the resolution, the second	131617
hearing to be no fewer than three nor more than ten days after the	131618
first. Notice of the date, time, and place of the hearings shall	131619
be given by publication in a newspaper of general circulation in	131620
the county, or as provided in section 7.16 of the Revised Code,	131621
once a week on the same day of the week for two consecutive weeks.	131622
The second publication shall be no fewer than ten nor more than	131623
thirty days prior to the first hearing. Except as provided in	131624
division (E) of this section, the resolution shall be subject to a	131625
referendum as provided in sections 305.31 to 305.41 of the Revised	131626
Code. If the resolution is adopted as an emergency measure	131627
necessary for the immediate preservation of the public peace,	131628
health, or safety, it must receive an affirmative vote of all of	131629
the members of the board of county commissioners and shall state	131630
the reasons for the necessity.	131631

If the tax is for more than one of the purposes set forth in	131632
divisions (A)(1) to (7), (9), and (10) of this section, or is	131633
exclusively for one of the purposes set forth in division (A)(1),	131634
(2), (4), (5), (6), (7), (9), or (10) of this section, the	131635
resolution shall not go into effect unless it is approved by a	131636
majority of the electors voting on the question of the tax.	131637

(B) The board of county commissioners shall adopt a	131638
resolution under section 351.02 of the Revised Code creating the	131639
convention facilities authority, or under section 307.283 of the	131640
Revised Code creating the community improvements board, before	131641
adopting a resolution levying a tax for the purpose of a	131642
convention facilities authority under division (A)(1) of this	131643
section or for the purpose of a community improvements board under	131644
division (A)(4) of this section.	131645

(C)(1) If the tax is to be used for more than one of the	131646
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	131647
this section, the board of county commissioners shall establish	131648
the method that will be used to determine the amount or proportion	131649
of the tax revenue received by the county during each year that	131650
will be distributed for each of those purposes, including, if	131651
applicable, provisions governing the reallocation of a convention	131652
facilities authority's allocation if the authority is dissolved	131653
while the tax is in effect. The allocation method may provide that	131654
different proportions or amounts of the tax shall be distributed	131655
among the purposes in different years, but it shall clearly	131656
describe the method that will be used for each year. Except as	131657
otherwise provided in division (C)(2) of this section, the	131658
allocation method established by the board is not subject to	131659
amendment during the life of the tax.	131660

(2) Subsequent to holding a public hearing on the proposed	131661
amendment, the board of county commissioners may amend the	131662
allocation method established under division (C)(1) of this	131663
section for any year, if the amendment is approved by the	131664
governing board of each entity whose allocation for the year would	131665
be reduced by the proposed amendment. In the case of a tax that is	131666
levied for a continuing period of time, the board may not so amend	131667
the allocation method for any year before the sixth year that the	131668
tax is in effect.	131669

(a) If the additional revenues provided to the convention	131670
facilities authority are pledged by the authority for the payment	131671
of convention facilities authority revenue bonds for as long as	131672
such bonds are outstanding, no reduction of the authority's	131673
allocation of the tax shall be made for any year except to the	131674
extent that the reduced authority allocation, when combined with	131675
the authority's other revenues pledged for that purpose, is	131676
sufficient to meet the debt service requirements for that year on	131677
such bonds.	131678

(b) If the additional revenues provided to the county are	131679
pledged by the county for the payment of bonds or notes described	131680
in division (A)(4) or (5) of this section, for as long as such	131681
bonds or notes are outstanding, no reduction of the county's or	131682
the community improvements board's allocation of the tax shall be	131683
made for any year, except to the extent that the reduced county or	131684
community improvements board allocation is sufficient to meet the	131685
debt service requirements for that year on such bonds or notes.	131686

(c) If the additional revenues provided to the transit	131687
authority are pledged by the authority for the payment of revenue	131688
bonds issued under section 306.37 of the Revised Code, for as long	131689
as such bonds are outstanding, no reduction of the authority's	131690
allocation of tax shall be made for any year, except to the extent	131691
that the authority's reduced allocation, when combined with the	131692
authority's other revenues pledged for that purpose, is sufficient	131693
to meet the debt service requirements for that year on such bonds.	131694

(d) If the additional revenues provided to the county are	131695
pledged by the county for the payment of bonds or notes issued	131696
under section 133.60 of the Revised Code, for so long as the bonds	131697
or notes are outstanding, no reduction of the county's allocation	131698
of the tax shall be made for any year, except to the extent that	131699
the reduced county allocation is sufficient to meet the debt	131700
service requirements for that year on the bonds or notes.	131701

(D)(1) The resolution levying the tax or increasing the rate	131702
of tax shall state the rate of the tax or the rate of the	131703
increase; the purpose or purposes for which it is to be levied;	131704
the number of years for which it is to be levied or that it is for	131705
a continuing period of time; the allocation method required by	131706
division (C) of this section; and if required to be submitted to	131707
the electors of the county under division (A) of this section, the	131708
date of the election at which the proposal shall be submitted to	131709
the electors of the county, which shall be not less than ninety	131710
days after the certification of a copy of the resolution to the	131711
board of elections and, if the tax is to be levied exclusively for	131712
the purpose set forth in division (A)(3) of this section, shall	131713
not occur in February or August of any year. Upon certification of	131714
the resolution to the board of elections, the board of county	131715
commissioners shall notify the tax commissioner in writing of the	131716
levy question to be submitted to the electors. If approved by a	131717
majority of the electors, the tax shall become effective on the	131718
first day of a calendar quarter next following the sixty-fifth day	131719
following the date the board of county commissioners and tax	131720
commissioner receive from the board of elections the certification	131721
of the results of the election, except as provided in division (E)	131722
of this section.	131723

(2)(a) A resolution specifying that the tax is to be used	131724
exclusively for the purpose set forth in division (A)(3) of this	131725
section that is not adopted as an emergency measure may direct the	131726
board of elections to submit the question of levying the tax or	131727
increasing the rate of the tax to the electors of the county at a	131728
special election held on the date specified by the board of county	131729
commissioners in the resolution, provided that the election occurs	131730
not less than ninety days after the resolution is certified to the	131731
board of elections and the election is not held in February or	131732
August of any year. Upon certification of the resolution to the	131733
board of elections, the board of county commissioners shall notify	131734
the tax commissioner in writing of the levy question to be	131735
submitted to the electors. No resolution adopted under division	131736
(D)(2)(a) of this section shall go into effect unless approved by	131737
a majority of those voting upon it and, except as provided in	131738
division (E) of this section, not until the first day of a	131739
calendar quarter following the expiration of sixty-five days from	131740
the date the tax commissioner receives notice from the board of	131741
elections of the affirmative vote.	131742

(b) A resolution specifying that the tax is to be used	131743
exclusively for the purpose set forth in division (A)(3) of this	131744
section that is adopted as an emergency measure shall become	131745
effective as provided in division (A) of this section, but may	131746
direct the board of elections to submit the question of repealing	131747
the tax or increase in the rate of the tax to the electors of the	131748
county at the next general election in the county occurring not	131749
less than ninety days after the resolution is certified to the	131750
board of elections. Upon certification of the resolution to the	131751
board of elections, the board of county commissioners shall notify	131752
the tax commissioner in writing of the levy question to be	131753
submitted to the electors. The ballot question shall be the same	131754
as that prescribed in section 5739.022 of the Revised Code. The	131755
board of elections shall notify the board of county commissioners	131756
and the tax commissioner of the result of the election immediately	131757
after the result has been declared. If a majority of the qualified	131758
electors voting on the question of repealing the tax or increase	131759
in the rate of the tax vote for repeal of the tax or repeal of the	131760
increase, the board of county commissioners, on the first day of a	131761
calendar quarter following the expiration of sixty-five days after	131762
the date the board and tax commissioner received notice of the	131763
result of the election, shall, in the case of a repeal of the tax,	131764
cease to levy the tax, or, in the case of a repeal of an increase	131765
in the rate of the tax, cease to levy the increased rate and levy	131766
the tax at the rate at which it was imposed immediately prior to	131767
the increase in rate.	131768

(c) A board of county commissioners, by resolution, may	131769
reduce the rate of a tax levied exclusively for the purpose set	131770
forth in division (A)(3) of this section to a lower rate	131771
authorized by this section. Any such reduction shall be made	131772
effective on the first day of the calendar quarter next following	131773
the sixty-fifth day after the tax commissioner receives a	131774
certified copy of the resolution from the board.	131775

(E) If a vendor makes a sale in this state by printed catalog	131776
and the consumer computed the tax on the sale based on local rates	131777
published in the catalog, any tax levied or repealed or rate	131778
changed under this section shall not apply to such a sale until	131779
the first day of a calendar quarter following the expiration of	131780
one hundred twenty days from the date of notice by the tax	131781
commissioner pursuant to division (G) of this section.	131782

(F) The tax levied pursuant to this section shall be in	131783
addition to the tax levied by section 5739.02 of the Revised Code	131784
and any tax levied pursuant to section 5739.021 or 5739.023 of the	131785
Revised Code.	131786

A county that levies a tax pursuant to this section shall	131787
levy a tax at the same rate pursuant to section 5741.023 of the	131788
Revised Code.	131789

The additional tax levied by the county shall be collected	131790
pursuant to section 5739.025 of the Revised Code.	131791

Any tax levied pursuant to this section is subject to the	131792
exemptions provided in section 5739.02 of the Revised Code and in	131793
addition shall not be applicable to sales not within the taxing	131794
power of a county under the Constitution of the United States or	131795
the Ohio Constitution.	131796

(G) Upon receipt from a board of county commissioners of a	131797
certified copy of a resolution required by division (A) of this	131798
section, or from the board of elections a notice of the results of	131799
an election required by division (D)(1), (2)(a), (b), or (c) of	131800
this section, the tax commissioner shall provide notice of a tax	131801
rate change in a manner that is reasonably accessible to all	131802
affected vendors. The commissioner shall provide this notice at	131803
least sixty days prior to the effective date of the rate change.	131804
The commissioner, by rule, may establish the method by which	131805
notice will be provided.	131806

Sec. 5739.09. (A)(1) A board of county commissioners may, by	131807
resolution adopted by a majority of the members of the board, levy	131808
an excise tax not to exceed three per cent on transactions by	131809
which lodging by a hotel is or is to be furnished to transient	131810
guests. The board shall establish all regulations necessary to	131811
provide for the administration and allocation of the tax. The	131812
regulations may prescribe the time for payment of the tax, and may	131813
provide for the imposition of a penalty or interest, or both, for	131814
late payments, provided that the penalty does not exceed ten per	131815
cent of the amount of tax due, and the rate at which interest	131816
accrues does not exceed the rate per annum prescribed pursuant to	131817
section 5703.47 of the Revised Code. Except as provided in	131818
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	131819
regulations shall provide, after deducting the real and actual	131820
costs of administering the tax, for the return to each municipal	131821
corporation or township that does not levy an excise tax on the	131822
transactions, a uniform percentage of the tax collected in the	131823
municipal corporation or in the unincorporated portion of the	131824
township from each transaction, not to exceed thirty-three and	131825
one-third per cent. The remainder of the revenue arising from the	131826
tax shall be deposited in a separate fund and shall be spent	131827
solely to make contributions to the convention and visitors'	131828
bureau operating within the county, including a pledge and	131829
contribution of any portion of the remainder pursuant to an	131830
agreement authorized by section 307.695 of the Revised Code,	131831
provided that if the board of county commissioners of an eligible	131832
county as defined in section 307.695 of the Revised Code adopts a	131833
resolution amending a resolution levying a tax under this division	131834
to provide that the revenue from the tax shall be used by the	131835
board as described in division (H) of section 307.695 of the	131836
Revised Code, the remainder of the revenue shall be used as	131837
described in the resolution making that amendment. Except as	131838
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	131839
this section, on and after May 10, 1994, a board of county	131840
commissioners may not levy an excise tax pursuant to this division	131841
in any municipal corporation or township located wholly or partly	131842
within the county that has in effect an ordinance or resolution	131843
levying an excise tax pursuant to division (B) of this section.	131844
The board of a county that has levied a tax under division (C) of	131845
this section may, by resolution adopted within ninety days after	131846
July 15, 1985, by a majority of the members of the board, amend	131847
the resolution levying a tax under this division to provide for a	131848
portion of that tax to be pledged and contributed in accordance	131849
with an agreement entered into under section 307.695 of the	131850
Revised Code. A tax, any revenue from which is pledged pursuant to	131851
such an agreement, shall remain in effect at the rate at which it	131852
is imposed for the duration of the period for which the revenue	131853
from the tax has been so pledged.	131854

The board of county commissioners of an eligible county as	131855
defined in section 307.695 of the Revised Code may, by resolution	131856
adopted by a majority of the members of the board, amend a	131857
resolution levying a tax under this division to provide that the	131858
revenue from the tax shall be used by the board as described in	131859
division (H) of section 307.695 of the Revised Code, in which case	131860
the tax shall remain in effect at the rate at which it was imposed	131861
for the duration of any agreement entered into by the board under	131862
section 307.695 of the Revised Code, the duration during which any	131863
securities issued by the board under that section are outstanding,	131864
or the duration of the period during which the board owns a	131865
project as defined in section 307.695 of the Revised Code,	131866
whichever duration is longest.	131867

(2) A board of county commissioners that levies an excise tax	131868
under division (A)(1) of this section on June 30, 1997, at a rate	131869
of three per cent, and that has pledged revenue from the tax to an	131870
agreement entered into under section 307.695 of the Revised Code	131871
or, in the case of the board of county commissioners of an	131872
eligible county as defined in section 307.695 of the Revised Code,	131873
has amended a resolution levying a tax under division (C) of this	131874
section to provide that proceeds from the tax shall be used by the	131875
board as described in division (H) of section 307.695 of the	131876
Revised Code, may, at any time by a resolution adopted by a	131877
majority of the members of the board, amend the resolution levying	131878
a tax under division (A)(1) of this section to provide for an	131879
increase in the rate of that tax up to seven per cent on each	131880
transaction; to provide that revenue from the increase in the rate	131881
shall be used as described in division (H) of section 307.695 of	131882
the Revised Code or be spent solely to make contributions to the	131883
convention and visitors' bureau operating within the county to be	131884
used specifically for promotion, advertising, and marketing of the	131885
region in which the county is located; and to provide that the	131886
rate in excess of the three per cent levied under division (A)(1)	131887
of this section shall remain in effect at the rate at which it is	131888
imposed for the duration of the period during which any agreement	131889
is in effect that was entered into under section 307.695 of the	131890
Revised Code by the board of county commissioners levying a tax	131891
under division (A)(1) of this section, the duration of the period	131892
during which any securities issued by the board under division (I)	131893
of section 307.695 of the Revised Code are outstanding, or the	131894
duration of the period during which the board owns a project as	131895
defined in section 307.695 of the Revised Code, whichever duration	131896
is longest. The amendment also shall provide that no portion of	131897
that revenue need be returned to townships or municipal	131898
corporations as would otherwise be required under division (A)(1)	131899
of this section.	131900

(3) A board of county commissioners that levies a tax under	131901
division (A)(1) of this section on March 18, 1999, at a rate of	131902
three per cent may, by resolution adopted not later than	131903
forty-five days after March 18, 1999, amend the resolution levying	131904
the tax to provide for all of the following:	131905

(a) That the rate of the tax shall be increased by not more	131906
than an additional four per cent on each transaction;	131907

(b) That all of the revenue from the increase in the rate	131908
shall be pledged and contributed to a convention facilities	131909
authority established by the board of county commissioners under	131910
Chapter 351. of the Revised Code on or before November 15, 1998,	131911
and used to pay costs of constructing, maintaining, operating, and	131912
promoting a facility in the county, including paying bonds, or	131913
notes issued in anticipation of bonds, as provided by that	131914
chapter;	131915

(c) That no portion of the revenue arising from the increase	131916
in rate need be returned to municipal corporations or townships as	131917
otherwise required under division (A)(1) of this section;	131918

(d) That the increase in rate shall not be subject to	131919
diminution by initiative or referendum or by law while any bonds,	131920
or notes in anticipation of bonds, issued by the authority under	131921
Chapter 351. of the Revised Code to which the revenue is pledged,	131922
remain outstanding in accordance with their terms, unless	131923
provision is made by law or by the board of county commissioners	131924
for an adequate substitute therefor that is satisfactory to the	131925
trustee if a trust agreement secures the bonds.	131926

Division (A)(3) of this section does not apply to the board	131927
of county commissioners of any county in which a convention center	131928
or facility exists or is being constructed on November 15, 1998,	131929
or of any county in which a convention facilities authority levies	131930
a tax pursuant to section 351.021 of the Revised Code on that	131931
date.	131932

As used in division (A)(3) of this section, "cost" and	131933
"facility" have the same meanings as in section 351.01 of the	131934
Revised Code, and "convention center" has the same meaning as in	131935
section 307.695 of the Revised Code.	131936

(4)(a) A board of county commissioners that levies a tax	131937
under division (A)(1) of this section on June 30, 2002, at a rate	131938
of three per cent may, by resolution adopted not later than	131939
September 30, 2002, amend the resolution levying the tax to	131940
provide for all of the following:	131941

(i) That the rate of the tax shall be increased by not more	131942
than an additional three and one-half per cent on each	131943
transaction;	131944

(ii) That all of the revenue from the increase in rate shall	131945
be pledged and contributed to a convention facilities authority	131946
established by the board of county commissioners under Chapter	131947
351. of the Revised Code on or before May 15, 2002, and be used to	131948
pay costs of constructing, expanding, maintaining, operating, or	131949
promoting a convention center in the county, including paying	131950
bonds, or notes issued in anticipation of bonds, as provided by	131951
that chapter;	131952

(iii) That no portion of the revenue arising from the	131953
increase in rate need be returned to municipal corporations or	131954
townships as otherwise required under division (A)(1) of this	131955
section;	131956

(iv) That the increase in rate shall not be subject to	131957
diminution by initiative or referendum or by law while any bonds,	131958
or notes in anticipation of bonds, issued by the authority under	131959
Chapter 351. of the Revised Code to which the revenue is pledged,	131960
remain outstanding in accordance with their terms, unless	131961
provision is made by law or by the board of county commissioners	131962
for an adequate substitute therefor that is satisfactory to the	131963
trustee if a trust agreement secures the bonds.	131964

(b) Any board of county commissioners that, pursuant to	131965
division (A)(4)(a) of this section, has amended a resolution	131966
levying the tax authorized by division (A)(1) of this section may	131967
further amend the resolution to provide that the revenue referred	131968
to in division (A)(4)(a)(ii) of this section shall be pledged and	131969
contributed both to a convention facilities authority to pay the	131970
costs of constructing, expanding, maintaining, or operating one or	131971
more convention centers in the county, including paying bonds, or	131972
notes issued in anticipation of bonds, as provided in Chapter 351.	131973
of the Revised Code, and to a convention and visitors' bureau to	131974
pay the costs of promoting one or more convention centers in the	131975
county.	131976

As used in division (A)(4) of this section, "cost" has the	131977
same meaning as in section 351.01 of the Revised Code, and	131978
"convention center" has the same meaning as in section 307.695 of	131979
the Revised Code.	131980

(5)(a) As used in division (A)(5) of this section:

131981

(i) "Port authority" means a port authority created under	131982
Chapter 4582. of the Revised Code.	131983

(ii) "Port authority military-use facility" means port	131984
authority facilities on which or adjacent to which is located an	131985
installation of the armed forces of the United States, a reserve	131986
component thereof, or the national guard and at least part of	131987
which is made available for use, for consideration, by the armed	131988
forces of the United States, a reserve component thereof, or the	131989
national guard.	131990

(b) For the purpose of contributing revenue to pay operating	131991
expenses of a port authority that operates a port authority	131992
military-use facility, the board of county commissioners of a	131993
county that created, participated in the creation of, or has	131994
joined such a port authority may do one or both of the following:	131995

(i) Amend a resolution previously adopted under division	131996
(A)(1) of this section to designate some or all of the revenue	131997
from the tax levied under the resolution to be used for that	131998
purpose, notwithstanding that division;	131999

(ii) Amend a resolution previously adopted under division	132000
(A)(1) of this section to increase the rate of the tax by not more	132001
than an additional two per cent and use the revenue from the	132002
increase exclusively for that purpose.	132003

(c) If a board of county commissioners amends a resolution to	132004
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	132005
of this section, the board also may amend the resolution to	132006
specify that the increase in rate of the tax does not apply to	132007
"hotels," as otherwise defined in section 5739.01 of the Revised	132008
Code, having fewer rooms used for the accommodation of guests than	132009
a number of rooms specified by the board.	132010

(6) A board of county commissioners of a county organized	132011
under a county charter adopted pursuant to Article X, Section 3,	132012
Ohio Constitution, and that levies an excise tax under division	132013
(A)(1) of this section at a rate of three per cent and levies an	132014
additional excise tax under division (E) of this section at a rate	132015
of one and one-half per cent may, by resolution adopted not later	132016
than January 1, 2008, by a majority of the members of the board,	132017
amend the resolution levying a tax under division (A)(1) of this	132018
section to provide for an increase in the rate of that tax by not	132019
more than an additional one per cent on transactions by which	132020
lodging by a hotel is or is to be furnished to transient guests.	132021
Notwithstanding divisions (A)(1) and (E) of this section, the	132022
resolution shall provide that all of the revenue from the increase	132023
in rate, after deducting the real and actual costs of	132024
administering the tax, shall be used to pay the costs of	132025
improving, expanding, equipping, financing, or operating a	132026
convention center by a convention and visitors' bureau in the	132027
county. The increase in rate shall remain in effect for the period	132028
specified in the resolution, not to exceed ten years. The increase	132029
in rate shall be subject to the regulations adopted under division	132030
(A)(1) of this section, except that the resolution may provide	132031
that no portion of the revenue from the increase in the rate shall	132032
be returned to townships or municipal corporations as would	132033
otherwise be required under that division.	132034

(7) Division (A)(7) of this section applies only to a county	132035
with a population greater than sixty-five thousand and less than	132036
seventy thousand according to the most recent federal decennial	132037
census and in which, on December 31, 2006, an excise tax is levied	132038
under division (A)(1) of this section at a rate not less than and	132039
not greater than three per cent, and in which the most recent	132040
increase in the rate of that tax was enacted or took effect in	132041
November 1984.	132042

The board of county commissioners of a county to which this	132043
division applies, by resolution adopted by a majority of the	132044
members of the board, may increase the rate of the tax by not more	132045
than one per cent on transactions by which lodging by a hotel is	132046
or is to be furnished to transient guests. The increase in rate	132047
shall be for the purpose of paying expenses deemed necessary by	132048
the convention and visitors' bureau operating in the county to	132049
promote travel and tourism. The increase in rate shall remain in	132050
effect for the period specified in the resolution, not to exceed	132051
twenty years, provided that the increase in rate may not continue	132052
beyond the time when the purpose for which the increase is levied	132053
ceases to exist. If revenue from the increase in rate is pledged	132054
to the payment of debt charges on securities, the increase in rate	132055
is not subject to diminution by initiative or referendum or by law	132056
for so long as the securities are outstanding, unless provision is	132057
made by law or by the board of county commissioners for an	132058
adequate substitute for that revenue that is satisfactory to the	132059
trustee if a trust agreement secures payment of the debt charges.	132060
The increase in rate shall be subject to the regulations adopted	132061
under division (A)(1) of this section, except that the resolution	132062
may provide that no portion of the revenue from the increase in	132063
the rate shall be returned to townships or municipal corporations	132064
as would otherwise be required under division (A)(1) of this	132065
section. A resolution adopted under division (A)(7) of this	132066
section is subject to referendum under sections 305.31 to 305.99	132067
of the Revised Code.	132068

(B)(1) The legislative authority of a municipal corporation	132069
or the board of trustees of a township that is not wholly or	132070
partly located in a county that has in effect a resolution levying	132071
an excise tax pursuant to division (A)(1) of this section may, by	132072
ordinance or resolution, levy an excise tax not to exceed three	132073
per cent on transactions by which lodging by a hotel is or is to	132074
be furnished to transient guests. The legislative authority of the	132075
municipal corporation or the board of trustees of the township	132076
shall deposit at least fifty per cent of the revenue from the tax	132077
levied pursuant to this division into a separate fund, which shall	132078
be spent solely to make contributions to convention and visitors'	132079
bureaus operating within the county in which the municipal	132080
corporation or township is wholly or partly located, and the	132081
balance of that revenue shall be deposited in the general fund.	132082
The municipal corporation or township shall establish all	132083
regulations necessary to provide for the administration and	132084
allocation of the tax. The regulations may prescribe the time for	132085
payment of the tax, and may provide for the imposition of a	132086
penalty or interest, or both, for late payments, provided that the	132087
penalty does not exceed ten per cent of the amount of tax due, and	132088
the rate at which interest accrues does not exceed the rate per	132089
annum prescribed pursuant to section 5703.47 of the Revised Code.	132090
The levy of a tax under this division is in addition to any tax	132091
imposed on the same transaction by a municipal corporation or a	132092
township as authorized by division (A) of section 5739.08 of the	132093
Revised Code.	132094

(2)(a) The legislative authority of the most populous	132095
municipal corporation located wholly or partly in a county in	132096
which the board of county commissioners has levied a tax under	132097
division (A)(4) of this section may amend, on or before September	132098
30, 2002, that municipal corporation's ordinance or resolution	132099
that levies an excise tax on transactions by which lodging by a	132100
hotel is or is to be furnished to transient guests, to provide for	132101
all of the following:	132102

(i) That the rate of the tax shall be increased by not more	132103
than an additional one per cent on each transaction;	132104

(ii) That all of the revenue from the increase in rate shall	132105
be pledged and contributed to a convention facilities authority	132106
established by the board of county commissioners under Chapter	132107
351. of the Revised Code on or before May 15, 2002, and be used to	132108
pay costs of constructing, expanding, maintaining, operating, or	132109
promoting a convention center in the county, including paying	132110
bonds, or notes issued in anticipation of bonds, as provided by	132111
that chapter;	132112

(iii) That the increase in rate shall not be subject to	132113
diminution by initiative or referendum or by law while any bonds,	132114
or notes in anticipation of bonds, issued by the authority under	132115
Chapter 351. of the Revised Code to which the revenue is pledged,	132116
remain outstanding in accordance with their terms, unless	132117
provision is made by law, by the board of county commissioners, or	132118
by the legislative authority, for an adequate substitute therefor	132119
that is satisfactory to the trustee if a trust agreement secures	132120
the bonds.	132121

(b) The legislative authority of a municipal corporation	132122
that, pursuant to division (B)(2)(a) of this section, has amended	132123
its ordinance or resolution to increase the rate of the tax	132124
authorized by division (B)(1) of this section may further amend	132125
the ordinance or resolution to provide that the revenue referred	132126
to in division (B)(2)(a)(ii) of this section shall be pledged and	132127
contributed both to a convention facilities authority to pay the	132128
costs of constructing, expanding, maintaining, or operating one or	132129
more convention centers in the county, including paying bonds, or	132130
notes issued in anticipation of bonds, as provided in Chapter 351.	132131
of the Revised Code, and to a convention and visitors' bureau to	132132
pay the costs of promoting one or more convention centers in the	132133
county.	132134

As used in division (B)(2) of this section, "cost" has the	132135
same meaning as in section 351.01 of the Revised Code, and	132136
"convention center" has the same meaning as in section 307.695 of	132137
the Revised Code.	132138

(C) For the purposes described in section 307.695 of the	132139
Revised Code and to cover the costs of administering the tax, a	132140
board of county commissioners of a county where a tax imposed	132141
under division (A)(1) of this section is in effect may, by	132142
resolution adopted within ninety days after July 15, 1985, by a	132143
majority of the members of the board, levy an additional excise	132144
tax not to exceed three per cent on transactions by which lodging	132145
by a hotel is or is to be furnished to transient guests. The tax	132146
authorized by this division shall be in addition to any tax that	132147
is levied pursuant to division (A) of this section, but it shall	132148
not apply to transactions subject to a tax levied by a municipal	132149
corporation or township pursuant to the authorization granted by	132150
division (A) of section 5739.08 of the Revised Code. The board	132151
shall establish all regulations necessary to provide for the	132152
administration and allocation of the tax. The regulations may	132153
prescribe the time for payment of the tax, and may provide for the	132154
imposition of a penalty or interest, or both, for late payments,	132155
provided that the penalty does not exceed ten per cent of the	132156
amount of tax due, and the rate at which interest accrues does not	132157
exceed the rate per annum prescribed pursuant to section 5703.47	132158
of the Revised Code. All revenues arising from the tax shall be	132159
expended in accordance with section 307.695 of the Revised Code.	132160
The board of county commissioners of an eligible county as defined	132161
in section 307.695 of the Revised Code may, by resolution adopted	132162
by a majority of the members of the board, amend the resolution	132163
levying a tax under this division to provide that the revenue from	132164
the tax shall be used by the board as described in division (H) of	132165
section 307.695 of the Revised Code. A tax imposed under this	132166
division shall remain in effect at the rate at which it is imposed	132167
for the duration of the period during which any agreement entered	132168
into by the board under section 307.695 of the Revised Code is in	132169
effect, the duration of the period during which any securities	132170
issued by the board under division (I) of section 307.695 of the	132171
Revised Code are outstanding, or the duration of the period during	132172
which the board owns a project as defined in section 307.695 of	132173
the Revised Code, whichever duration is longest.	132174

(D) For the purpose of providing contributions under division	132175
(B)(1) of section 307.671 of the Revised Code to enable the	132176
acquisition, construction, and equipping of a port authority	132177
educational and cultural facility in the county and, to the extent	132178
provided for in the cooperative agreement authorized by that	132179
section, for the purpose of paying debt service charges on bonds,	132180
or notes in anticipation of bonds, described in division (B)(1)(b)	132181
of that section, a board of county commissioners, by resolution	132182
adopted within ninety days after December 22, 1992, by a majority	132183
of the members of the board, may levy an additional excise tax not	132184
to exceed one and one-half per cent on transactions by which	132185
lodging by a hotel is or is to be furnished to transient guests.	132186
The excise tax authorized by this division shall be in addition to	132187
any tax that is levied pursuant to divisions (A), (B), and (C) of	132188
this section, to any excise tax levied pursuant to section 5739.08	132189
of the Revised Code, and to any excise tax levied pursuant to	132190
section 351.021 of the Revised Code. The board of county	132191
commissioners shall establish all regulations necessary to provide	132192
for the administration and allocation of the tax that are not	132193
inconsistent with this section or section 307.671 of the Revised	132194
Code. The regulations may prescribe the time for payment of the	132195
tax, and may provide for the imposition of a penalty or interest,	132196
or both, for late payments, provided that the penalty does not	132197
exceed ten per cent of the amount of tax due, and the rate at	132198
which interest accrues does not exceed the rate per annum	132199
prescribed pursuant to section 5703.47 of the Revised Code. All	132200
revenues arising from the tax shall be expended in accordance with	132201
section 307.671 of the Revised Code and division (D) of this	132202
section. The levy of a tax imposed under this division may not	132203
commence prior to the first day of the month next following the	132204
execution of the cooperative agreement authorized by section	132205
307.671 of the Revised Code by all parties to that agreement. The	132206
tax shall remain in effect at the rate at which it is imposed for	132207
the period of time described in division (C) of section 307.671 of	132208
the Revised Code for which the revenue from the tax has been	132209
pledged by the county to the corporation pursuant to that section,	132210
but, to any extent provided for in the cooperative agreement, for	132211
no lesser period than the period of time required for payment of	132212
the debt service charges on bonds, or notes in anticipation of	132213
bonds, described in division (B)(1)(b) of that section.	132214

(E) For the purpose of paying the costs of acquiring,	132215
constructing, equipping, and improving a municipal educational and	132216
cultural facility, including debt service charges on bonds	132217
provided for in division (B) of section 307.672 of the Revised	132218
Code, and for any additional purposes determined by the county in	132219
the resolution levying the tax or amendments to the resolution,	132220
including subsequent amendments providing for paying costs of	132221
acquiring, constructing, renovating, rehabilitating, equipping,	132222
and improving a port authority educational and cultural performing	132223
arts facility, as defined in section 307.674 of the Revised Code,	132224
and including debt service charges on bonds provided for in	132225
division (B) of section 307.674 of the Revised Code, the	132226
legislative authority of a county, by resolution adopted within	132227
ninety days after June 30, 1993, by a majority of the members of	132228
the legislative authority, may levy an additional excise tax not	132229
to exceed one and one-half per cent on transactions by which	132230
lodging by a hotel is or is to be furnished to transient guests.	132231
The excise tax authorized by this division shall be in addition to	132232
any tax that is levied pursuant to divisions (A), (B), (C), and	132233
(D) of this section, to any excise tax levied pursuant to section	132234
5739.08 of the Revised Code, and to any excise tax levied pursuant	132235
to section 351.021 of the Revised Code. The legislative authority	132236
of the county shall establish all regulations necessary to provide	132237
for the administration and allocation of the tax. The regulations	132238
may prescribe the time for payment of the tax, and may provide for	132239
the imposition of a penalty or interest, or both, for late	132240
payments, provided that the penalty does not exceed ten per cent	132241
of the amount of tax due, and the rate at which interest accrues	132242
does not exceed the rate per annum prescribed pursuant to section	132243
5703.47 of the Revised Code. All revenues arising from the tax	132244
shall be expended in accordance with section 307.672 of the	132245
Revised Code and this division. The levy of a tax imposed under	132246
this division shall not commence prior to the first day of the	132247
month next following the execution of the cooperative agreement	132248
authorized by section 307.672 of the Revised Code by all parties	132249
to that agreement. The tax shall remain in effect at the rate at	132250
which it is imposed for the period of time determined by the	132251
legislative authority of the county. That period of time shall not	132252
exceed fifteen years, except that the legislative authority of a	132253
county with a population of less than two hundred fifty thousand	132254
according to the most recent federal decennial census, by	132255
resolution adopted by a majority of its members before the	132256
original tax expires, may extend the duration of the tax for an	132257
additional period of time. The additional period of time by which	132258
a legislative authority extends a tax levied under this division	132259
shall not exceed fifteen years.	132260

(F) The legislative authority of a county that has levied a	132261
tax under division (E) of this section may, by resolution adopted	132262
within one hundred eighty days after January 4, 2001, by a	132263
majority of the members of the legislative authority, amend the	132264
resolution levying a tax under that division to provide for the	132265
use of the proceeds of that tax, to the extent that it is no	132266
longer needed for its original purpose as determined by the	132267
parties to a cooperative agreement amendment pursuant to division	132268
(D) of section 307.672 of the Revised Code, to pay costs of	132269
acquiring, constructing, renovating, rehabilitating, equipping,	132270
and improving a port authority educational and cultural performing	132271
arts facility, including debt service charges on bonds provided	132272
for in division (B) of section 307.674 of the Revised Code, and to	132273
pay all obligations under any guaranty agreements, reimbursement	132274
agreements, or other credit enhancement agreements described in	132275
division (C) of section 307.674 of the Revised Code. The	132276
resolution may also provide for the extension of the tax at the	132277
same rate for the longer of the period of time determined by the	132278
legislative authority of the county, but not to exceed an	132279
additional twenty-five years, or the period of time required to	132280
pay all debt service charges on bonds provided for in division (B)	132281
of section 307.672 of the Revised Code and on port authority	132282
revenue bonds provided for in division (B) of section 307.674 of	132283
the Revised Code. All revenues arising from the amendment and	132284
extension of the tax shall be expended in accordance with section	132285
307.674 of the Revised Code, this division, and division (E) of	132286
this section.	132287

(G) For purposes of a tax levied by a county, township, or	132288
municipal corporation under this section or section 5739.08 of the	132289
Revised Code, a board of county commissioners, board of township	132290
trustees, or the legislative authority of a municipal corporation	132291
may adopt a resolution or ordinance at any time specifying that	132292
"hotel," as otherwise defined in section 5739.01 of the Revised	132293
Code, includes the following:	132294

(1) Establishments in which fewer than five rooms are used	132295
for the accommodation of guests.	132296

(2) Establishments at which rooms are used for the	132297
accommodation of guests regardless of whether each room is	132298
accessible through its own keyed entry or several rooms are	132299
accessible through the same keyed entry; and, in determining the	132300
number of rooms, all rooms are included regardless of the number	132301
of structures in which the rooms are situated or the number of	132302
parcels of land on which the structures are located if the	132303
structures are under the same ownership and the structures are not	132304
identified in advertisements of the accommodations as distinct	132305
establishments. For the purposes of division (G)(2) of this	132306
section, two or more structures are under the same ownership if	132307
they are owned by the same person, or if they are owned by two or	132308
more persons the majority of the ownership interests of which are	132309
owned by the same person.	132310

The resolution or ordinance may apply to a tax imposed	132311
pursuant to this section prior to the adoption of the resolution	132312
or ordinance if the resolution or ordinance so states, but the tax	132313
shall not apply to transactions by which lodging by such an	132314
establishment is provided to transient guests prior to the	132315
adoption of the resolution or ordinance.	132316

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

132317

(a) "Convention facilities authority" has the same meaning as	132318
in section 351.01 of the Revised Code.	132319

(b) "Convention center" has the same meaning as in section	132320
307.695 of the Revised Code.	132321

(2) Notwithstanding any contrary provision of division (D) of	132322
this section, the legislative authority of a county with a	132323
population of one million or more according to the most recent	132324
federal decennial census that has levied a tax under division (D)	132325
of this section may, by resolution adopted by a majority of the	132326
members of the legislative authority, provide for the extension of	132327
such levy and may provide that the proceeds of that tax, to the	132328
extent that they are no longer needed for their original purpose	132329
as defined by a cooperative agreement entered into under section	132330
307.671 of the Revised Code, shall be deposited into the county	132331
general revenue fund. The resolution shall provide for the	132332
extension of the tax at a rate not to exceed the rate specified in	132333
division (D) of this section for a period of time determined by	132334
the legislative authority of the county, but not to exceed an	132335
additional forty years.	132336

(3) The legislative authority of a county with a population	132337
of one million or more that has levied a tax under division (A)(1)	132338
of this section may, by resolution adopted by a majority of the	132339
members of the legislative authority, increase the rate of the tax	132340
levied by such county under division (A)(1) of this section to a	132341
rate not to exceed five per cent on transactions by which lodging	132342
by a hotel is or is to be furnished to transient guests.	132343
Notwithstanding any contrary provision of division (A)(1) of this	132344
section, the resolution may provide that all collections resulting	132345
from the rate levied in excess of three per cent, after deducting	132346
the real and actual costs of administering the tax, shall be	132347
deposited in the county general fund.	132348

(4) The legislative authority of a county with a population	132349
of one million or more that has levied a tax under division (A)(1)	132350
of this section may, by resolution adopted on or before August 30,	132351
2004, by a majority of the members of the legislative authority,	132352
provide that all or a portion of the proceeds of the tax levied	132353
under division (A)(1) of this section, after deducting the real	132354
and actual costs of administering the tax and the amounts required	132355
to be returned to townships and municipal corporations with	132356
respect to the first three per cent levied under division (A)(1)	132357
of this section, shall be deposited in the county general fund,	132358
provided that such proceeds shall be used to satisfy any pledges	132359
made in connection with an agreement entered into under section	132360
307.695 of the Revised Code.	132361

(5) No amount collected from a tax levied, extended, or	132362
required to be deposited in the county general fund under division	132363
(H) of this section shall be contributed to a convention	132364
facilities authority, corporation, or other entity created after	132365
July 1, 2003, for the principal purpose of constructing,	132366
improving, expanding, equipping, financing, or operating a	132367
convention center unless the mayor of the municipal corporation in	132368
which the convention center is to be operated by that convention	132369
facilities authority, corporation, or other entity has consented	132370
to the creation of that convention facilities authority,	132371
corporation, or entity. Notwithstanding any contrary provision of	132372
section 351.04 of the Revised Code, if a tax is levied by a county	132373
under division (H) of this section, the board of county	132374
commissioners of that county may determine the manner of	132375
selection, the qualifications, the number, and terms of office of	132376
the members of the board of directors of any convention facilities	132377
authority, corporation, or other entity described in division	132378
(H)(5) of this section.	132379

(6)(a) No amount collected from a tax levied, extended, or	132380
required to be deposited in the county general fund under division	132381
(H) of this section may be used for any purpose other than paying	132382
the direct and indirect costs of constructing, improving,	132383
expanding, equipping, financing, or operating a convention center	132384
and for the real and actual costs of administering the tax,	132385
unless, prior to the adoption of the resolution of the legislative	132386
authority of the county authorizing the levy, extension, increase,	132387
or deposit, the county and the mayor of the most populous	132388
municipal corporation in that county have entered into an	132389
agreement as to the use of such amounts, provided that such	132390
agreement has been approved by a majority of the mayors of the	132391
other municipal corporations in that county. The agreement shall	132392
provide that the amounts to be used for purposes other than paying	132393
the convention center or administrative costs described in	132394
division (H)(6)(a) of this section be used only for the direct and	132395
indirect costs of capital improvements, including the financing of	132396
capital improvements.	132397

(b) If the county in which the tax is levied has an	132398
association of mayors and city managers, the approval of that	132399
association of an agreement described in division (H)(6)(a) of	132400
this section shall be considered to be the approval of the	132401
majority of the mayors of the other municipal corporations for	132402
purposes of that division.	132403

(7) Each year, the auditor of state shall conduct an audit of	132404
the uses of any amounts collected from taxes levied, extended, or	132405
deposited under division (H) of this section and shall prepare a	132406
report of the auditor of state's findings. The auditor of state	132407
shall submit the report to the legislative authority of the county	132408
that has levied, extended, or deposited the tax, the speaker of	132409
the house of representatives, the president of the senate, and the	132410
leaders of the minority parties of the house of representatives	132411
and the senate.	132412

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

132413

(a) "Convention facilities authority" has the same meaning as	132414
in section 351.01 of the Revised Code.	132415

(b) "Convention center" has the same meaning as in section	132416
307.695 of the Revised Code.	132417

(2) Notwithstanding any contrary provision of division (D) of	132418
this section, the legislative authority of a county with a	132419
population of one million two hundred thousand or more according	132420
to the most recent federal decennial census or the most recent	132421
annual population estimate published or released by the United	132422
States census bureau at the time the resolution is adopted placing	132423
the levy on the ballot, that has levied a tax under division (D)	132424
of this section may, by resolution adopted by a majority of the	132425
members of the legislative authority, provide for the extension of	132426
such levy and may provide that the proceeds of that tax, to the	132427
extent that the proceeds are no longer needed for their original	132428
purpose as defined by a cooperative agreement entered into under	132429
section 307.671 of the Revised Code and after deducting the real	132430
and actual costs of administering the tax, shall be used for	132431
paying the direct and indirect costs of constructing, improving,	132432
expanding, equipping, financing, or operating a convention center.	132433
The resolution shall provide for the extension of the tax at a	132434
rate not to exceed the rate specified in division (D) of this	132435
section for a period of time determined by the legislative	132436
authority of the county, but not to exceed an additional forty	132437
years.	132438

(3) The legislative authority of a county with a population	132439
of one million two hundred thousand or more that has levied a tax	132440
under division (A)(1) of this section may, by resolution adopted	132441
by a majority of the members of the legislative authority,	132442
increase the rate of the tax levied by such county under division	132443
(A)(1) of this section to a rate not to exceed five per cent on	132444
transactions by which lodging by a hotel is or is to be furnished	132445
to transient guests. Notwithstanding any contrary provision of	132446
division (A)(1) of this section, the resolution shall provide that	132447
all collections resulting from the rate levied in excess of three	132448
per cent, after deducting the real and actual costs of	132449
administering the tax, shall be used for paying the direct and	132450
indirect costs of constructing, improving, expanding, equipping,	132451
financing, or operating a convention center.	132452

(4) The legislative authority of a county with a population	132453
of one million two hundred thousand or more that has levied a tax	132454
under division (A)(1) of this section may, by resolution adopted	132455
on or before July 1, 2008, by a majority of the members of the	132456
legislative authority, provide that all or a portion of the	132457
proceeds of the tax levied under division (A)(1) of this section,	132458
after deducting the real and actual costs of administering the tax	132459
and the amounts required to be returned to townships and municipal	132460
corporations with respect to the first three per cent levied under	132461
division (A)(1) of this section, shall be used to satisfy any	132462
pledges made in connection with an agreement entered into under	132463
section 307.695 of the Revised Code or shall otherwise be used for	132464
paying the direct and indirect costs of constructing, improving,	132465
expanding, equipping, financing, or operating a convention center.	132466

(5) Any amount collected from a tax levied or extended under	132467
division (I) of this section may be contributed to a convention	132468
facilities authority created before July 1, 2005, but no amount	132469
collected from a tax levied or extended under division (I) of this	132470
section may be contributed to a convention facilities authority,	132471
corporation, or other entity created after July 1, 2005, unless	132472
the mayor of the municipal corporation in which the convention	132473
center is to be operated by that convention facilities authority,	132474
corporation, or other entity has consented to the creation of that	132475
convention facilities authority, corporation, or entity.	132476

(J) All money collected by a county and distributed under	132477
this section to a convention and visitors' bureau in existence as	132478
of the effective date of H.B. 59 of the 130th general assembly,	132479
except for any such money pledged, as of that effective date, to	132480
the payment of debt service charges on bonds, notes, securities,	132481
or lease agreements, shall be used solely for tourism sales,	132482
marketing and promotion, and their associated costs, including,	132483
but not limited to, operational and administrative costs of the	132484
bureau, sales and marketing, and maintenance of the physical	132485
bureau structure.	132486

(K) Of the funds distributed to a convention and visitors'	132487
bureau under this section, the amount a county may retain for real	132488
and actual costs associated with administering the tax shall not	132489
exceed the sum of (1) three per cent of the first five hundred	132490
thousand dollars distributed to the bureau and (2) one and	132491
one-half per cent of any amount in excess of five hundred thousand	132492
dollars distributed to the bureau.	132493

Sec. 5739.13. (A) If any vendor collects the tax imposed by	132494
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	132495
the Revised Code, and fails to remit the tax to the state as	132496
prescribed, or on the sale of a motor vehicle, watercraft, or	132497
outboard motor required to be titled, fails to remit payment to a	132498
clerk of a court of common pleas as provided in section 1548.06 or	132499
4505.06 of the Revised Code, the vendor shall be personally liable	132500
for any tax collected and not remitted. The tax commissioner may	132501
make an assessment against such vendor based upon any information	132502
in the commissioner's possession.	132503

If any vendor fails to collect the tax or any consumer fails	132504
to pay the tax imposed by or pursuant to section 5739.02,	132505
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	132506
transaction subject to the tax, the vendor or consumer shall be	132507
personally liable for the amount of the tax applicable to the	132508
transaction. The commissioner may make an assessment against	132509
either the vendor or consumer, as the facts may require, based	132510
upon any information in the commissioner's possession.	132511

An assessment against a vendor when the tax imposed by or	132512
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	132513
the Revised Code has not been collected or paid, shall not	132514
discharge the purchaser's or consumer's liability to reimburse the	132515
vendor for the tax applicable to such transaction.	132516

An assessment issued against either, pursuant to this	132517
section, shall not be considered an election of remedies, nor a	132518
bar to an assessment against the other for the tax applicable to	132519
the same transaction, provided that no assessment shall be issued	132520
against any person for the tax due on a particular transaction if	132521
the tax on that transaction actually has been paid by another.	132522

The commissioner may make an assessment against any vendor	132523
who fails to file a return or remit the proper amount of tax	132524
required by this chapter, or against any consumer who fails to pay	132525
the proper amount of tax required by this chapter. When	132526
information in the possession of the commissioner indicates that	132527
the amount required to be collected or paid under this chapter is	132528
greater than the amount remitted by the vendor or paid by the	132529
consumer, the commissioner may audit a sample of the vendor's	132530
sales or the consumer's purchases for a representative period, to	132531
ascertain the per cent of exempt or taxable transactions or the	132532
effective tax rate and may issue an assessment based on the audit.	132533
The commissioner shall make a good faith effort to reach agreement	132534
with the vendor or consumer in selecting a representative sample.	132535

The commissioner may make an assessment, based on any	132536
information in ~~his~~the commissioner's possession, against any	132537
person who fails to file a return or remit the proper amount of	132538
tax required by section 5739.102 of the Revised Code.	132539

The commissioner may issue an assessment on any transaction	132540
for which any tax imposed under this chapter or Chapter 5741. of	132541
the Revised Code was due and unpaid on the date the vendor or	132542
consumer was informed by an agent of the tax commissioner of an	132543
investigation or audit. If the vendor or consumer remits any	132544
payment of the tax for the period covered by the assessment after	132545
the vendor or consumer was informed of the investigation or audit,	132546
the payment shall be credited against the amount of the	132547
assessment.	132548

The commissioner shall give the party assessed written notice	132549
of the assessment in the manner provided in section 5703.37 of the	132550
Revised Code. With the notice, the commissioner shall provide	132551
instructions on how to petition for reassessment and request a	132552
hearing on the petition.	132553

(B) Unless the party assessed files with the commissioner	132554
within sixty days after service of the notice of assessment,	132555
either personally or by certified mail, a written petition for	132556
reassessment, signed by the party assessed or that party's	132557
authorized agent having knowledge of the facts, the assessment	132558
becomes final and the amount of the assessment is due from the	132559
party assessed and payable to the treasurer of state and remitted	132560
to the tax commissioner. The petition shall indicate the	132561
objections of the party assessed, but additional objections may be	132562
raised in writing if received by the commissioner prior to the	132563
date shown on the final determination. If the petition has been	132564
properly filed, the commissioner shall proceed under section	132565
5703.60 of the Revised Code.	132566

(C) After an assessment becomes final, if any portion of the	132567
assessment remains unpaid, including accrued interest, a certified	132568
copy of the commissioner's entry making the assessment final may	132569
be filed in the office of the clerk of the court of common pleas	132570
in the county in which the place of business of the party assessed	132571
is located or the county in which the party assessed resides. If	132572
the party assessed maintains no place of business in this state	132573
and is not a resident of this state, the certified copy of the	132574
entry may be filed in the office of the clerk of the court of	132575
common pleas of Franklin county.	132576

Immediately upon the filing of the entry, the clerk shall	132577
enter a judgment for the state against the party assessed in the	132578
amount shown on the entry. The judgment may be filed by the clerk	132579
in a loose-leaf book entitled "special judgments for state,	132580
county, and transit authority retail sales tax" or, if	132581
appropriate, "special judgments for resort area excise tax," and	132582
shall have the same effect as other judgments. Execution shall	132583
issue upon the judgment upon the request of the tax commissioner,	132584
and all laws applicable to sales on execution shall apply to sales	132585
made under the judgment except as otherwise provided in this	132586
chapter.	132587

~~The portion of~~If the assessment is not paid in its entirety	132588
within sixty days after the date the assessment was issued, the	132589
portion of the assessment consisting of tax due shall bear	132590
interest at the rate per annum prescribed by section 5703.47 of	132591
the Revised Code from the day the tax commissioner issues the	132592
assessment until the assessment is paid or until it is certified	132593
to the attorney general for collection under section 131.02 of the	132594
Revised Code, whichever comes first. If the unpaid portion of the	132595
assessment is certified to the attorney general for collection,	132596
the entire unpaid portion of the assessment shall bear interest at	132597
the rate per annum prescribed by section 5703.47 of the Revised	132598
Code from the date of certification until the date it is paid in	132599
its entirety. Interest shall be paid in the same manner as the tax	132600
and may be collected by issuing an assessment under this section.	132601

(D) All money collected by the tax commissioner under this	132602
section shall be paid to the treasurer of state, and when paid	132603
shall be considered as revenue arising from the taxes imposed by	132604
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	132605

Sec. 5741.01. As used in this chapter:

132606

(A) "Person" includes individuals, receivers, assignees,	132607
trustees in bankruptcy, estates, firms, partnerships,	132608
associations, joint-stock companies, joint ventures, clubs,	132609
societies, corporations, business trusts, governments, and	132610
combinations of individuals of any form.	132611

(B) "Storage" means and includes any keeping or retention in	132612
this state for use or other consumption in this state.	132613

(C) "Use" means and includes the exercise of any right or	132614
power incidental to the ownership of the thing used. A thing is	132615
also "used" in this state if its consumer gives or otherwise	132616
distributes it, without charge, to recipients in this state.	132617

(D) "Purchase" means acquired or received for a	132618
consideration, whether such acquisition or receipt was effected by	132619
a transfer of title, or of possession, or of both, or a license to	132620
use or consume; whether such transfer was absolute or conditional,	132621
and by whatever means the transfer was effected; and whether the	132622
consideration was money, credit, barter, or exchange. Purchase	132623
includes production, even though the article produced was used,	132624
stored, or consumed by the producer. The transfer of copyrighted	132625
motion picture films for exhibition purposes is not a purchase,	132626
except such films as are used solely for advertising purposes.	132627

(E) "Seller" means the person from whom a purchase is made,	132628
and includes every person engaged in this state or elsewhere in	132629
the business of selling tangible personal property or providing a	132630
service for storage, use, or other consumption or benefit in this	132631
state; and when, in the opinion of the tax commissioner, it is	132632
necessary for the efficient administration of this chapter, to	132633
regard any ~~salesman~~salesperson, representative, peddler, or	132634
canvasser as the agent of a dealer, distributor, supervisor, or	132635
employer under whom the person operates, or from whom the person	132636
obtains tangible personal property, sold by the person for	132637
storage, use, or other consumption in this state, irrespective of	132638
whether or not the person is making such sales on the person's own	132639
behalf, or on behalf of such dealer, distributor, supervisor, or	132640
employer, the commissioner may regard the person as such agent,	132641
and may regard such dealer, distributor, supervisor, or employer	132642
as the seller. "Seller" does not include any person to the extent	132643
the person provides a communications medium, such as, but not	132644
limited to, newspapers, magazines, radio, television, or cable	132645
television, by means of which sellers solicit purchases of their	132646
goods or services.	132647

(F) "Consumer" means any person who has purchased tangible	132648
personal property or has been provided a service for storage, use,	132649
or other consumption or benefit in this state. "Consumer" does not	132650
include a person who receives, without charge, tangible personal	132651
property or a service.	132652

A person who performs a facility management or similar	132653
service contract for a contractee is a consumer of all tangible	132654
personal property and services purchased for use in connection	132655
with the performance of such contract, regardless of whether title	132656
to any such property vests in the contractee. The purchase of such	132657
property and services is not subject to the exception for resale	132658
under division (E) of section 5739.01 of the Revised Code.	132659

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	132660
of this section, has the same meaning as in division (H)(1) of	132661
section 5739.01 of the Revised Code.	132662

(2) In the case of watercraft, outboard motors, or new motor	132663
vehicles, "price" has the same meaning as in divisions (H)(2) and	132664
(3) of section 5739.01 of the Revised Code.	132665

(3) In the case of a nonresident business consumer that	132666
purchases and uses tangible personal property outside this state	132667
and subsequently temporarily stores, uses, or otherwise consumes	132668
such tangible personal property in the conduct of business in this	132669
state, the consumer or the tax commissioner may determine the	132670
price based on the value of the temporary storage, use, or other	132671
consumption, in lieu of determining the price pursuant to division	132672
(G)(1) of this section. A price determination made by the consumer	132673
is subject to review and redetermination by the commissioner.	132674

(4) In the case of tangible personal property held in this	132675
state as inventory for sale or lease, and that is temporarily	132676
stored, used, or otherwise consumed in a taxable manner, the price	132677
is the value of the temporary use. A price determination made by	132678
the consumer is subject to review and redetermination by the	132679
commissioner.	132680

(5) In the case of tangible personal property originally	132681
purchased and used by the consumer outside this state, and that	132682
becomes permanently stored, used, or otherwise consumed in this	132683
state more than six months after its acquisition by the consumer,	132684
the consumer or the commissioner may determine the price based on	132685
the current value of such tangible personal property, in lieu of	132686
determining the price pursuant to division (G)(1) of this section.	132687
A price determination made by the consumer is subject to review	132688
and redetermination by the commissioner.	132689

(6) If a consumer produces tangible personal property for	132690
sale and removes that property from inventory for the consumer's	132691
own use, the price is the produced cost of that tangible personal	132692
property.	132693

(H) "Nexus with this state" means that the seller engages in	132694
continuous and widespread solicitation of purchases from residents	132695
of this state or otherwise purposefully directs its business	132696
activities at residents of this state.	132697

(I)(1) "Substantial nexus with this state" means that the	132698
seller has sufficient contact with this state, in accordance with	132699
Section 8 of Article I of the Constitution of the United States,	132700
to allow the state to require the seller to collect and remit use	132701
tax on sales of tangible personal property or services made to	132702
consumers in this state. ~~"Substantial~~	132703

(2) "Substantial nexus with this state" ~~exists~~is presumed to	132704
exist when the seller does any of the following:	132705

~~(1) Maintains a~~(a) Uses an office, distribution facility,	132706
warehouse, storage facility, or similar place of business within	132707
this state, whether operated by ~~employees or agents of~~ the seller,	132708
~~by a member of an affiliated group, as defined in division~~	132709
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	132710
~~seller is a member, or by a franchisee using a trade name of the~~	132711
~~seller;~~or any other person, other than a common carrier acting in	132712
its capacity as a common carrier.	132713

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	132714
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	132715
salespersons, or other ~~individuals~~persons in this state (i) for	132716
the purpose of conducting the business of the seller;, or that	132717
(ii) engage in a business with the same or a similar industry	132718
classification as the seller selling a similar product or line of	132719
products as the seller, or (iii) use trademarks, service marks, or	132720
trade names in this state that are the same or substantially	132721
similar to those used by the seller.	132722

~~(3)~~(c) Uses aany person, other than a common carrier acting	132723
in its capacity as a common carrier, in this state for any of the	132724
~~purpose of receiving~~following purposes:	132725

(i) Receiving or processing orders of the seller's goods or	132726
services;	132727

(ii) Using that person's employees or facilities in this	132728
state to advertise, promote, or facilitate sales by the seller to	132729
customers;	132730

(iii) Delivering, installing, assembling, or performing	132731
maintenance services for the seller's customers;	132732

(iv) Facilitating the seller's delivery of tangible personal	132733
property to customers in this state by allowing the seller's	132734
customers to pick up property sold by the seller at an office,	132735
distribution facility, warehouse, storage facility, or similar	132736
place of business.	132737

~~(4)~~(d) Makes regular deliveries of tangible personal property	132738
into this state by means other than common carrier;.	132739

~~(5)~~(e) Has ~~membership in~~ an affiliated ~~group, as described in~~	132740
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	132741
~~least one other member of which~~person that has substantial nexus	132742
with this state;	132743

~~(6)~~(f) Owns tangible personal property that is rented or	132744
leased to a consumer in this state, or offers tangible personal	132745
property, on approval, to consumers in this state;	132746

~~(7) Except as provided in section 5703.65 of the Revised~~	132747
~~Code, is registered with the secretary of state to do business in~~	132748
~~this state or is registered or licensed by any state agency,~~	132749
~~board, or commission to transact business in this state or to make~~	132750
~~sales to persons in this state;~~	132751

~~(8) Has any other contact with this state that would allow~~	132752
~~this state to require the seller to collect and remit use tax~~	132753
~~under Section 8 of Article I of the Constitution of the United~~	132754
~~States~~(g) Enters into an agreement with one or more residents of	132755
this state under which the resident, for a commission or other	132756
consideration, directly or indirectly refers potential customers	132757
to the seller, whether by a link on a web site, an in-person oral	132758
presentation, telemarketing, or otherwise, provided the cumulative	132759
gross receipts from sales to consumers referred to the seller by	132760
all such residents exceeded ten thousand dollars during the	132761
preceding twelve months.	132762

(3) A seller presumed to have substantial nexus with this	132763
state under divisions (I)(2)(a) to (f) of this section may rebut	132764
that presumption by demonstrating that activities described in any	132765
of those divisions that are conducted by a person in this state on	132766
the seller's behalf are not significantly associated with the	132767
seller's ability to establish or maintain a market in this state	132768
for the seller's sales.	132769

(4) A seller presumed to have substantial nexus with this	132770
state under division (I)(2)(g) of this section may rebut that	132771
presumption by submitting proof that each resident engaged by the	132772
seller as described in that division did not engage in any	132773
activity within this state during the preceding twelve months that	132774
was significantly associated with the seller's ability to	132775
establish or maintain the seller's market in this state during the	132776
preceding twelve months. Such proof may consist of sworn written	132777
statements from all the residents with whom the seller has an	132778
agreement stating that the resident did not engage in any	132779
solicitation in this state on behalf of the seller during the	132780
preceding twelve months if such statements are provided and	132781
obtained in good faith.	132782

(5) A seller that does not have substantial nexus with this	132783
state, and any affiliated person of the seller, before selling or	132784
leasing tangible personal property or services to a state agency,	132785
shall register with the tax commissioner in the same manner as a	132786
seller described in division (A)(1) of section 5741.17 of the	132787
Revised Code.	132788

(6) As used in division (I) of this section:

132789

(a) "Affiliated person" means any person that is a member of	132790
the same controlled group of corporations as the seller or any	132791
other person that, notwithstanding the form of organization, bears	132792
the same ownership relationship to the seller as a corporation	132793
that is a member of the same controlled group of corporations.	132794

(b) "Controlled group of corporations" has the same meaning	132795
as in section 1563(a) of the Internal Revenue Code.	132796

(c) "State agency" has the same meaning as in section 1.60 of	132797
the Revised Code.	132798

(J) "Fiscal officer" means, with respect to a regional	132799
transit authority, the secretary-treasurer thereof, and with	132800
respect to a county which is a transit authority, the fiscal	132801
officer of the county transit board appointed pursuant to section	132802
306.03 of the Revised Code or, if the board of county	132803
commissioners operates the county transit system, the county	132804
auditor.	132805

(K) "Territory of the transit authority" means all of the	132806
area included within the territorial boundaries of a transit	132807
authority as they from time to time exist. Such territorial	132808
boundaries must at all times include all the area of a single	132809
county or all the area of the most populous county which is a part	132810
of such transit authority. County population shall be measured by	132811
the most recent census taken by the United States census bureau.	132812

(L) "Transit authority" means a regional transit authority	132813
created pursuant to section 306.31 of the Revised Code or a county	132814
in which a county transit system is created pursuant to section	132815
306.01 of the Revised Code. For the purposes of this chapter, a	132816
transit authority must extend to at least the entire area of a	132817
single county. A transit authority which includes territory in	132818
more than one county must include all the area of the most	132819
populous county which is a part of such transit authority. County	132820
population shall be measured by the most recent census taken by	132821
the United States census bureau.	132822

(M) "Providing a service" has the same meaning as in ~~division~~	132823
~~(X) of~~ section 5739.01 of the Revised Code.	132824

(N) "Other consumption" includes receiving the benefits of a	132825
service.	132826

(O) "Lease" or "rental" has the same meaning as in ~~division~~	132827
~~(UU) of~~ section 5739.01 of the Revised Code.	132828

(P) "Certified service provider" has the same meaning as in	132829
section 5740.01 of the Revised Code.	132830

(Q) "Remote sale" means a sale for which the seller could not	132831
be legally required to pay, collect, or remit a tax imposed under	132832
this chapter or Chapter 5739. of the Revised Code, unless	132833
otherwise provided by the laws of the United States.	132834

(R) "Remote seller" means a seller that makes remote sales to	132835
one or more consumers.	132836

(S) "Remote small seller" means a remote seller that has	132837
gross annual receipts from remote sales in the United States not	132838
exceeding one million dollars for the preceding calendar year. For	132839
the purposes of determining whether a person is a small remote	132840
seller, the sales of all persons related within the meaning of	132841
subsection (b) or (c) of section 267 or section 707(b)(1) of the	132842
Internal Revenue Code shall be aggregated, and persons with one or	132843
more ownership relationships shall be aggregated if those	132844
relationships were designed with the principal purpose to qualify	132845
as a remote small seller.	132846

Sec. 5741.03. (A) One hundred per cent of all money	132847
deposited into the state treasury under sections 5741.01 to	132848
5741.22 of the Revised Code that is not required to be distributed	132849
as provided in division (B) of this section shall be credited to	132850
the general revenue fund.	132851

(B) In any case where any county or transit authority has	132852
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	132853
5741.023 of the Revised Code, the tax commissioner shall, within	132854
forty-five days after the end of each month, determine and certify	132855
to the director of budget and management the amount of the	132856
proceeds of such tax or taxes from billings and assessments	132857
received during that month, or shown on tax returns or reports	132858
filed during that month, to be returned to the county or transit	132859
authority levying the tax or taxes, which amounts shall be	132860
determined in the manner provided in section 5739.21 of the	132861
Revised Code. The director of budget and management shall	132862
transfer, from the general revenue fund, to the permissive tax	132863
distribution fund created by division (B)(1) of section 4301.423	132864
of the Revised Code and to the local sales tax administrative fund	132865
created by division (C) of section 5739.21 of the Revised Code,	132866
the amounts certified by the tax commissioner. The tax	132867
commissioner shall then, on or before the twentieth day of the	132868
month in which such certification is made, provide for payment of	132869
such respective amounts to the county treasurer or to the fiscal	132870
officer of the transit authority levying the tax or taxes. The	132871
amount transferred to the local sales tax administrative fund is	132872
for use by the tax commissioner in defraying costs the	132873
commissioner incurs in administering such taxes levied by a county	132874
or transit authority.	132875

(C) Within forty-five days after the end of each month, the	132876
tax commissioner shall determine and certify to the director of	132877
budget and management the amount of tax collected under this	132878
chapter from remote sellers during the preceding month, reduced by	132879
any refunds issued to remote sellers from the tax refund fund	132880
created by section 5703.052 of the Revised Code, and the director	132881
of budget and management shall transfer the amount so certified	132882
from the general revenue fund to the income tax reduction fund.	132883
Amounts transferred to the income tax reduction fund under this	132884
section shall be included in the determination of the percentage	132885
under division (B)(2) of section 131.44 of the Revised Code.	132886

Sec. 5741.032. There is hereby created in the state treasury	132887
the remote seller administration fund for the purpose of paying	132888
the expenses incurred by the department of taxation in the	132889
administration of this chapter with respect to remote sellers.	132890
Annually, before the thirty-first day of July, the treasurer of	132891
state shall transfer to the remote seller administration fund	132892
one-half of one per cent of the taxes collected from remote	132893
sellers under this chapter during the preceding fiscal year.	132894

Sec. 5741.17. (A)(1) Except as otherwise provided in	132895
divisions (A)(2), (3), and (4) of this section, every seller of	132896
tangible personal property or services who has substantial nexus	132897
with this state shall register with the tax commissioner and	132898
supply any information concerning ~~his~~the seller's contacts with	132899
this state that may be required by the commissioner.	132900

(2) A seller who is licensed as a vendor pursuant to section	132901
5739.17 of the Revised Code shall not be required to register with	132902
the commissioner pursuant to this section if all sales to	132903
consumers in this state are made under the authority of ~~his~~the	132904
seller's vendor's license.	132905

(3) AUnless the seller has substantial nexus with this state	132906
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	132907
Code, a seller is not required to register under this section if	132908
the seller has no contact with this state other than an agency	132909
relationship with a person engaged in the business of	132910
telemarketing in this state and engaged by the seller exclusively	132911
for the purpose of solicitation of customers in other states.	132912

(4) A seller is not required to register under this section	132913
if the seller has no contact with this state other than the	132914
ownership of property that is located at the facility of a printer	132915
with which the seller has contracted for printing and that	132916
consists of the final printed product, property that becomes a	132917
part of the final printed product, or copy from which the final	132918
printed product is produced.	132919

(B) A seller who does not have substantial nexus with this	132920
state may voluntarily register with the commissioner. A seller who	132921
voluntarily registers with the commissioner under this section is	132922
entitled to the same benefits and is subject to the same duties	132923
and requirements as a seller required to be registered with the	132924
commissioner under this chapter.	132925

The commissioner shall maintain an alphabetical index of all	132926
sellers registered under this chapter and records of the use tax	132927
reported and paid. Upon request, this information shall be made	132928
available to the treasurer of state.	132929

(C) A remote small seller is not required to register under	132930
this section.	132931

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	132932
fails to pay the tax levied under section 5743.02, 5743.021,	132933
5743.024, or 5743.026 of the Revised Code as required by sections	132934
5743.01 to 5743.20 of the Revised Code, and by the rules of the	132935
tax commissioner, or fails to collect the tax from the purchaser	132936
or consumer, the commissioner may make an assessment against the	132937
wholesale or retail dealer based upon any information in the	132938
commissioner's possession.	132939

The commissioner may make an assessment against any wholesale	132940
or retail dealer who fails to file a return required by section	132941
5743.03 or 5743.025 of the Revised Code.	132942

No assessment shall be made against any wholesale or retail	132943
dealer for any taxes imposed under section 5743.02, 5743.021,	132944
5743.024, or 5743.026 of the Revised Code more than three years	132945
after the last day of the calendar month that immediately follows	132946
the semiannual period prescribed in section 5743.03 of the Revised	132947
Code in which the sale was made, or more than three years after	132948
the semiannual return for such period is filed, whichever is	132949
later. This section does not bar an assessment against any	132950
wholesale or retail dealer who fails to file a return as required	132951
by section 5743.025 or 5743.03 of the Revised Code, or who files a	132952
fraudulent return.	132953

A penalty of up to thirty per cent may be added to the amount	132954
of every assessment made under this section. The commissioner may	132955
adopt rules providing for the imposition and remission of	132956
penalties added to assessments made under this section.	132957

The commissioner shall give the party assessed written notice	132958
of the assessment in the manner provided in section 5703.37 of the	132959
Revised Code. The notice shall specify separately any portion of	132960
the assessment that represents a county tax. With the notice, the	132961
commissioner shall provide instructions on how to petition for	132962
reassessment and request a hearing on the petition.	132963

(B) Unless the party assessed files with the tax commissioner	132964
within sixty days after service of the notice of assessment,	132965
either personally or by certified mail, a written petition for	132966
reassessment signed by the party assessed or that party's	132967
authorized agent having knowledge of the facts, the assessment	132968
becomes final and the amount of the assessment is due and payable	132969
from the party assessed to the treasurer of state. The petition	132970
shall indicate the objections of the party assessed, but	132971
additional objections may be raised in writing if received by the	132972
commissioner prior to the date shown on the final determination.	132973
If the petition has been properly filed, the commissioner shall	132974
proceed under section 5703.60 of the Revised Code.	132975

(C) After an assessment becomes final, if any portion of the	132976
assessment remains unpaid, including accrued interest, a certified	132977
copy of the tax commissioner's entry making the assessment final	132978
may be filed in the office of the clerk of the court of common	132979
pleas in the county in which the wholesale or retail dealer's	132980
place of business is located or the county in which the party	132981
assessed resides. If the party assessed maintains no place of	132982
business in this state and is not a resident of this state, the	132983
certified copy of the entry may be filed in the office of the	132984
clerk of the court of common pleas of Franklin county.	132985

Immediately upon the filing of the commissioner's entry, the	132986
clerk shall enter a judgment for the state against the party	132987
assessed in the amount shown on the entry. The judgment may be	132988
filed by the clerk in a loose-leaf book entitled "special	132989
judgments for state cigarette sales tax," and shall have the same	132990
effect as other judgments. Execution shall issue upon the judgment	132991
upon the request of the tax commissioner, and all laws applicable	132992
to sales on execution shall apply to sales made under the	132993
judgment, except as otherwise provided in sections 5743.01 to	132994
5743.20 of the Revised Code.	132995

~~The portion of~~If the assessment is not paid in its entirety	132996
within sixty days after the assessment was issued, the portion of	132997
the assessment consisting of tax due shall bear interest at the	132998
rate per annum prescribed by section 5703.47 of the Revised Code	132999
from the day the commissioner issues the assessment until it is	133000
paid or until it is certified to the attorney general for	133001
collection under section 131.02 of the Revised Code, whichever	133002
comes first. If the unpaid portion of the assessment is certified	133003
to the attorney general for collection, the entire unpaid portion	133004
of the assessment shall bear interest at the rate per annum	133005
prescribed by section 5703.47 of the Revised Code from the date of	133006
certification until the date it is paid in its entirety. Interest	133007
shall be paid in the same manner as the tax and may be collected	133008
by the issuance of an assessment under this section.	133009

(D) All money collected by the tax commissioner under this	133010
section shall be paid to the treasurer of state, and when paid	133011
shall be considered as revenue arising from the taxes imposed by	133012
sections 5743.01 to 5743.20 of the Revised Code.	133013

Sec. 5743.15. (A) Except as otherwise provided in this	133014
division, no person shall engage in this state in the wholesale or	133015
retail business of trafficking in cigarettes or in the business of	133016
a manufacturer or importer of cigarettes without having a license	133017
to conduct each such activity issued by a county auditor under	133018
division (B) of this section or the tax commissioner under	133019
divisions (C) and (F) of this section. On dissolution of a	133020
partnership by death, the surviving partner may operate under the	133021
license of the partnership until expiration of the license, and	133022
the heirs or legal representatives of deceased persons, and	133023
receivers and trustees in bankruptcy appointed by any competent	133024
authority, may operate under the license of the person succeeded	133025
in possession by such heir, representative, receiver, or trustee	133026
in bankruptcy if the partner or successor notifies the issuer of	133027
the license of the dissolution or succession within thirty days	133028
after the dissolution or succession.	133029

(B)(1) Each applicant for a license to engage in the retail	133030
business of trafficking in cigarettes under this section,	133031
annually, on or before the fourth Monday of May, shall make and	133032
deliver to the county auditor of the county in which the applicant	133033
desires to engage in the retail business of trafficking in	133034
cigarettes, upon a blank form furnished by such auditor for that	133035
purpose, a statement showing the name of the applicant, each	133036
physical place in the county where the applicant's business is	133037
conducted, the nature of the business, and any other information	133038
the tax commissioner requires in the form of statement prescribed	133039
by the commissioner. If the applicant is a firm, partnership, or	133040
association other than a corporation, the application shall state	133041
the name and address of each of its members. If the applicant is a	133042
corporation, the application shall state the name and address of	133043
each of its officers. At the time of making the application	133044
required by this section, every person desiring to engage in the	133045
retail business of trafficking in cigarettes shall pay an	133046
application fee in the sum of one hundred twenty-five dollars for	133047
each physical place where the person proposes to carry on such	133048
business. Each place of business shall be deemed such space, under	133049
lease or license to, or under the control of, or under the	133050
supervision of the applicant, as is contained in one or more	133051
contiguous, adjacent, or adjoining buildings constituting an	133052
industrial plant or a place of business operated by, or under the	133053
control of, one person, or under one roof and connected by doors,	133054
halls, stairways, or elevators, which space may contain any number	133055
of points at which cigarettes are offered for sale, provided that	133056
each additional point at which cigarettes are offered for sale	133057
shall be listed in the application.	133058

(2) Upon receipt of the application and exhibition of the	133059
county treasurer's receipt showing the payment of the application	133060
fee, the county auditor shall issue to the applicant a license for	133061
each place of business designated in the application, authorizing	133062
the applicant to engage in such business at such place for one	133063
year commencing on the fourth Monday of May. The form of the	133064
license shall be prescribed by the commissioner. A duplicate	133065
license may be obtained from the county auditor upon payment of a	133066
five-dollar fee if the original license is lost, destroyed, or	133067
defaced. When an application is filed after the fourth Monday of	133068
May, the application fee required to be paid shall be proportioned	133069
in amount to the remainder of the license year, except that it	133070
shall not be less than twenty-five dollars in any one year.	133071

(3) The holder of a retail dealer's cigarette license may	133072
transfer the license to a place of business within the same county	133073
other than that designated on the license on condition that the	133074
licensee's ownership interest and business structure remain	133075
unchanged, and that the licensee applies to the county auditor	133076
therefor, upon forms approved by the commissioner and the payment	133077
of a fee of five dollars into the county treasury.	133078

(C)(1) Each applicant for a license to engage in the	133079
wholesale business of trafficking in cigarettes under this	133080
section, annually, on or before the fourth Monday in May, shall	133081
make and deliver to the tax commissioner, upon a blank form	133082
furnished by the commissioner for that purpose, a statement	133083
showing the name of the applicant, physical street address where	133084
the applicant's business is conducted, the nature of the business,	133085
and any other information required by the commissioner. If the	133086
applicant is a firm, partnership, or association other than a	133087
corporation, the applicant shall state the name and address of	133088
each of its members. If the applicant is a corporation, the	133089
applicant shall state the name and address of each of its	133090
officers. At the time of making the application required by this	133091
section, every person desiring to engage in the wholesale business	133092
of trafficking in cigarettes shall pay an application fee of one	133093
thousand dollars for each physical place where the person proposes	133094
to carry on such business. Each place of business shall be deemed	133095
such space, under lease or license to, or under the control of, or	133096
under the supervision of the applicant, as is contained in one or	133097
more contiguous, adjacent, or adjoining buildings constituting an	133098
industrial plant or a place of business operated by, or under the	133099
control of, one person, or under one roof and connected by doors,	133100
halls, stairways, or elevators. A duplicate license may be	133101
obtained from the commissioner upon payment of a	133102
twenty-five-dollar fee if the original license is lost, destroyed,	133103
or defaced.	133104

(2) Upon receipt of the application and payment of any	133105
application fee required by this section, the commissioner shall	133106
verify that the applicant is ~~in good standing under~~not in	133107
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	133108
the Revised Code. The commissioner shall also verify that the	133109
applicant has filed any returns, submitted any information, and	133110
paid any outstanding taxes or fees as required by the	133111
commissioner, to the extent that the commissioner is aware of the	133112
returns, information, taxes, or fees at the time of the	133113
application. Upon approval, the commissioner shall issue to the	133114
applicant a license for each physical place of business designated	133115
in the application authorizing the applicant to engage in business	133116
at that location for one year commencing on the fourth Monday in	133117
May. For licenses issued after the fourth Monday in May, the	133118
application fee shall be reduced proportionately by the remainder	133119
of the twelve-month period for which the license is issued, except	133120
that the application fee required to be paid under this section	133121
shall be not less than two hundred dollars in any one year.	133122

(3) The holder of a wholesale dealer cigarette license may	133123
transfer the license to a place of business other than that	133124
designated on the license on condition that the licensee's	133125
ownership or business structure remains unchanged, and that the	133126
licensee applies to the commissioner for such a transfer upon a	133127
form promulgated by the commissioner and pays a fee of twenty-five	133128
dollars, which shall be deposited into the cigarette tax	133129
enforcement fund created in division (E) of this section.	133130

(D)(1) The wholesale cigarette license application fees	133131
collected under this section shall be paid into the cigarette tax	133132
enforcement fund.	133133

(2) The retail cigarette license application fees collected	133134
under this section shall be distributed as follows:	133135

(a) Thirty per cent shall be paid upon the warrant of the	133136
county auditor into the treasury of the municipal corporation or	133137
township in which the places of business for which the tax revenue	133138
was received are located;	133139

(b) Ten per cent shall be credited to the general fund of the	133140
county;	133141

(c) Sixty per cent shall be paid into the cigarette tax	133142
enforcement fund.	133143

(3) The remainder of the revenues and fines collected under	133144
this section and the penal laws relating to cigarettes shall be	133145
distributed as follows:	133146

(a) Three-fourths shall be paid upon the warrant of the	133147
county auditor into the treasury of the municipal corporation or	133148
township in which the place of business, on account of which the	133149
revenues and fines were received, is located;	133150

(b) One-fourth shall be credited to the general fund of the	133151
county.	133152

(E) There is hereby created within the state treasury the	133153
cigarette tax enforcement fund for the purpose of providing funds	133154
to assist in paying the costs of enforcing sections 1333.11 to	133155
1333.21 and Chapter 5743. of the Revised Code.	133156

The portion of cigarette license application fees received by	133157
a county auditor during the annual application period that ends on	133158
the fourth Monday in May and that is required to be deposited in	133159
the cigarette tax enforcement fund shall be sent to the treasurer	133160
of state by the thirtieth day of June each year accompanied by the	133161
form prescribed by the tax commissioner. The portion of cigarette	133162
license application fees received by each county auditor after the	133163
fourth Monday in May and that is required to be deposited in the	133164
cigarette tax enforcement fund shall be sent to the treasurer of	133165
state by the last day of the month following the month in which	133166
such fees were collected.	133167

(F)(1) Every person who desires to engage in the business of	133168
a manufacturer or importer of cigarettes shall, annually, on or	133169
before the fourth Monday of May, make and deliver to the tax	133170
commissioner, upon a blank form furnished by the commissioner for	133171
that purpose, a statement showing the name of the applicant, the	133172
nature of the applicant's business, and any other information	133173
required by the commissioner. If the applicant is a firm,	133174
partnership, or association other than a corporation, the	133175
applicant shall state the name and address of each of its members.	133176
If the applicant is a corporation, the applicant shall state the	133177
name and address of each of its officers.	133178

(2) Upon receipt of the application required under this	133179
section, the commissioner shall verify that the applicant is in	133180
~~good standing under~~not in violation of any provision of Chapter	133181
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	133182
shall also verify that the applicant has filed any returns,	133183
submitted any information, and paid any outstanding taxes or fees	133184
as required by the commissioner, to the extent that the	133185
commissioner is aware of the returns, information, taxes, or fees	133186
at the time of the application. Upon approval, the commissioner	133187
shall issue to the applicant a license authorizing the applicant	133188
to engage in the business of manufacturer or importer, whichever	133189
the case may be, for one year commencing on the fourth Monday of	133190
May.	133191

(3) The issuing of a license under division (F)(1) of this	133192
section to a manufacturer does not excuse a manufacturer from the	133193
certification process required under section 1346.05 of the	133194
Revised Code. A manufacturer who is issued a license under	133195
division (F)(1) of this section and who is not listed on the	133196
directory required under section 1346.05 of the Revised Code shall	133197
not be permitted to sell cigarettes in this state other than to a	133198
licensed cigarette wholesaler for sale outside this state. Such a	133199
manufacturer shall provide documentation to the commissioner	133200
evidencing that the cigarettes are legal for sale in another	133201
state.	133202

(G) The tax commissioner may adopt rules necessary to	133203
administer this section.	133204

Sec. 5743.56. (A) Any person required to pay the tax imposed	133205
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	133206
personally liable for the tax. The tax commissioner may make an	133207
assessment, based upon any information in the commissioner's	133208
possession, against any person who fails to file a return or pay	133209
any tax, interest, or additional charge as required by this	133210
chapter. The commissioner shall give the person assessed written	133211
notice of such assessment in the manner provided in section	133212
5703.37 of the Revised Code. With the notice, the commissioner	133213
shall provide instructions on how to petition for reassessment and	133214
request a hearing on the petition.	133215

(B) When the information in the possession of the tax	133216
commissioner indicates that a person liable for the tax imposed by	133217
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	133218
paid the full amount of tax due, the commissioner may audit a	133219
representative sample of the person's business and may issue an	133220
assessment based on such audit.	133221

(C) A penalty of up to fifteen per cent may be added to all	133222
amounts assessed under this section. The tax commissioner may	133223
adopt rules providing for the imposition and remission of such	133224
penalties.	133225

(D) Unless the person assessed files with the tax	133226
commissioner within sixty days after service of the notice of	133227
assessment, either personally or by certified mail, a written	133228
petition for reassessment signed by the person assessed or that	133229
person's authorized agent having knowledge of the facts, the	133230
assessment becomes final and the amount of the assessment is due	133231
and payable from the person assessed to the treasurer of state. A	133232
petition shall indicate the objections of the person assessed, but	133233
additional objections may be raised in writing if received by the	133234
commissioner prior to the date shown on the final determination.	133235
If the petition has been properly filed, the commissioner shall	133236
proceed under section 5703.60 of the Revised Code.	133237

(E) After an assessment becomes final, if any portion of the	133238
assessment, including accrued interest, remains unpaid, a	133239
certified copy of the tax commissioner's entry making the	133240
assessment final may be filed in the office of the clerk of the	133241
court of common pleas in the county in which the person assessed	133242
resides or in which the person assessed conducts business. If the	133243
person assessed maintains no place of business in this state and	133244
is not a resident of this state, the certified copy of the entry	133245
may be filed in the office of the clerk of the court of common	133246
pleas of Franklin county.	133247

Immediately upon the filing of the entry, the clerk shall	133248
enter a judgment for the state against the person assessed in the	133249
amount shown on the entry. The judgment may be filed by the clerk	133250
in a loose-leaf book entitled "special judgments for state tobacco	133251
products tax," and shall have the same effect as other judgments.	133252
Execution shall issue upon the judgment upon the request of the	133253
commissioner, and all laws applicable to sales on execution shall	133254
apply to sales made under the judgment.	133255

~~The portion of~~If the assessment is not paid in its entirety	133256
within sixty days after the day the assessment is issued, the	133257
portion of the assessment consisting of tax due shall bear	133258
interest at the rate per annum prescribed by section 5703.47 of	133259
the Revised Code from the day the commissioner issues the	133260
assessment until the assessment is paid or until it is certified	133261
to the attorney general for collection under section 131.02 of the	133262
Revised Code, whichever comes first. If the unpaid portion of the	133263
assessment is certified to the attorney general for collection,	133264
the entire unpaid portion of the assessment shall bear interest at	133265
the rate per annum prescribed by section 5703.47 of the Revised	133266
Code from the date of certification until the date it is paid in	133267
its entirety. Interest shall be paid in the same manner as the tax	133268
and may be collected by issuing an assessment under this section.	133269

(F) If the tax commissioner believes that collection of the	133270
tax will be jeopardized unless proceedings to collect or secure	133271
collection of the tax are instituted without delay, the	133272
commissioner may issue a jeopardy assessment against the person	133273
liable for the tax. Immediately upon the issuance of the jeopardy	133274
assessment, the commissioner shall file an entry with the clerk of	133275
the court of common pleas in the manner prescribed by division (E)	133276
of this section. Notice of the jeopardy assessment shall be served	133277
on the person assessed or the legal representative of the person	133278
assessed, as provided in section 5703.37 of the Revised Code,	133279
within five days of the filing of the entry with the clerk. The	133280
total amount assessed is immediately due and payable, unless the	133281
person assessed files a petition for reassessment in accordance	133282
with division (D) of this section and provides security in a form	133283
satisfactory to the commissioner and in an amount sufficient to	133284
satisfy the unpaid balance of the assessment. Full or partial	133285
payment of the assessment does not prejudice the commissioner's	133286
consideration of the petition for reassessment.	133287

(G) All money collected by the tax commissioner under this	133288
section shall be paid to the treasurer of state as revenue arising	133289
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	133290
the Revised Code.	133291

Sec. 5745.12. (A) If any taxpayer required to file a report	133292
under this chapter fails to file the report within the time	133293
prescribed, files an incorrect report, or fails to remit the full	133294
amount of the tax due for the period covered by the report, the	133295
tax commissioner may make an assessment against the taxpayer for	133296
any deficiency for the period for which the report or tax is due,	133297
based upon any information in the commissioner's possession.	133298

The tax commissioner shall not make or issue an assessment	133299
against a taxpayer more than three years after the later of the	133300
final date the report subject to assessment was required to be	133301
filed or the date the report was filed. Such time limit may be	133302
extended if both the taxpayer and the commissioner consent in	133303
writing to the extension. Any such extension shall extend the	133304
three-year time limit in section 5745.11 of the Revised Code for	133305
the same period of time. There shall be no bar or limit to an	133306
assessment against a taxpayer that fails to file a report subject	133307
to assessment as required by this chapter, or that files a	133308
fraudulent report. The commissioner shall give the taxpayer	133309
assessed written notice of the assessment as provided in section	133310
5703.37 of the Revised Code. With the notice, the commissioner	133311
shall provide instructions on how to petition for reassessment and	133312
request a hearing on the petition.	133313

(B) Unless the taxpayer assessed files with the tax	133314
commissioner within sixty days after service of the notice of	133315
assessment, either personally or by certified mail, a written	133316
petition for reassessment signed by the authorized agent of the	133317
taxpayer assessed having knowledge of the facts, the assessment	133318
becomes final, and the amount of the assessment is due and payable	133319
from the taxpayer to the treasurer of state. The petition shall	133320
indicate the taxpayer's objections, but additional objections may	133321
be raised in writing if received by the commissioner prior to the	133322
date shown on the final determination. If the petition has been	133323
properly filed, the commissioner shall proceed under section	133324
5703.60 of the Revised Code.	133325

(C) After an assessment becomes final, if any portion of the	133326
assessment remains unpaid, including accrued interest, a certified	133327
copy of the tax commissioner's entry making the assessment final	133328
may be filed in the office of the clerk of the court of common	133329
pleas in the county in which the taxpayer has an office or place	133330
of business in this state, the county in which the taxpayer's	133331
statutory agent is located, or Franklin county.	133332

Immediately upon the filing of the entry, the clerk shall	133333
enter a judgment against the taxpayer assessed in the amount shown	133334
on the entry. The judgment may be filed by the clerk in a	133335
loose-leaf book entitled "special judgments for municipal income	133336
taxes," and shall have the same effect as other judgments.	133337
Execution shall issue upon the judgment upon the request of the	133338
tax commissioner, and all laws applicable to sales on execution	133339
shall apply to sales made under the judgment.	133340

~~The portion of an~~If the assessment is not paid in its	133341
entirety within sixty days after the day the assessment was	133342
issued, the portion of the assessment consisting of tax due shall	133343
bear interest at the rate per annum prescribed by section 5703.47	133344
of the Revised Code from the day the commissioner issues the	133345
assessment until the assessment is paid or until it is certified	133346
to the attorney general for collection under section 131.02 of the	133347
Revised Code, whichever comes first. If the unpaid portion of the	133348
assessment is certified to the attorney general for collection,	133349
the entire unpaid portion of the assessment shall bear interest at	133350
the rate per annum prescribed by section 5703.47 of the Revised	133351
Code from the date of certification until the date it is paid in	133352
its entirety. Interest shall be paid in the same manner as the tax	133353
and may be collected by issuing an assessment under this section.	133354

(D) All money collected under this section shall be credited	133355
and distributed to the municipal corporation to which the money is	133356
owed based on the assessment issued under this section.	133357

(E) If the tax commissioner believes that collection of the	133358
tax imposed by this chapter will be jeopardized unless proceedings	133359
to collect or secure collection of the tax are instituted without	133360
delay, the commissioner may issue a jeopardy assessment against	133361
the taxpayer liable for the tax. Immediately upon the issuance of	133362
the jeopardy assessment, the commissioner shall file an entry with	133363
the clerk of the court of common pleas in the manner prescribed by	133364
division (C) of this section. Notice of the jeopardy assessment	133365
shall be served on the taxpayer assessed or the taxpayer's legal	133366
representative in the manner provided in section 5703.37 of the	133367
Revised Code within five days of the filing of the entry with the	133368
clerk. The total amount assessed is immediately due and payable,	133369
unless the taxpayer assessed files a petition for reassessment in	133370
accordance with division (B) of this section and provides security	133371
in a form satisfactory to the commissioner and in an amount	133372
sufficient to satisfy the unpaid balance of the assessment. Full	133373
or partial payment of the assessment does not prejudice the	133374
commissioner's consideration of the petition for reassessment.	133375

(F) Notwithstanding the fact that a petition for reassessment	133376
is pending, the taxpayer may pay all or a portion of the	133377
assessment that is the subject of the petition. The acceptance of	133378
a payment by the treasurer of state does not prejudice any claim	133379
for refund upon final determination of the petition.	133380

If upon final determination of the petition an error in the	133381
assessment is corrected by the tax commissioner, upon petition so	133382
filed or pursuant to a decision of the board of tax appeals or any	133383
court to which the determination or decision has been appealed, so	133384
that the amount due from the taxpayer under the corrected	133385
assessment is less than the portion paid, there shall be issued to	133386
the taxpayer, its assigns, or legal representative a refund in the	133387
amount of the overpayment as provided by section 5745.11 of the	133388
Revised Code, with interest on that amount as provided by section	133389
5745.11 of the Revised Code.	133390

Sec. 5747.01. Except as otherwise expressly provided or	133391
clearly appearing from the context, any term used in this chapter	133392
that is not otherwise defined in this section has the same meaning	133393
as when used in a comparable context in the laws of the United	133394
States relating to federal income taxes or if not used in a	133395
comparable context in those laws, has the same meaning as in	133396
section 5733.40 of the Revised Code. Any reference in this chapter	133397
to the Internal Revenue Code includes other laws of the United	133398
States relating to federal income taxes.	133399

As used in this chapter:

133400

(A) "Adjusted gross income" or "Ohio adjusted gross income"	133401
means federal adjusted gross income, as defined and used in the	133402
Internal Revenue Code, adjusted as provided in this section:	133403

(1) Add interest or dividends on obligations or securities of	133404
any state or of any political subdivision or authority of any	133405
state, other than this state and its subdivisions and authorities.	133406

(2) Add interest or dividends on obligations of any	133407
authority, commission, instrumentality, territory, or possession	133408
of the United States to the extent that the interest or dividends	133409
are exempt from federal income taxes but not from state income	133410
taxes.	133411

(3) Deduct interest or dividends on obligations of the United	133412
States and its territories and possessions or of any authority,	133413
commission, or instrumentality of the United States to the extent	133414
that the interest or dividends are included in federal adjusted	133415
gross income but exempt from state income taxes under the laws of	133416
the United States.	133417

(4) Deduct disability and survivor's benefits to the extent	133418
included in federal adjusted gross income.	133419

(5) Deduct benefits under Title II of the Social Security Act	133420
and tier 1 railroad retirement benefits to the extent included in	133421
federal adjusted gross income under section 86 of the Internal	133422
Revenue Code.	133423

(6) In the case of a taxpayer who is a beneficiary of a trust	133424
that makes an accumulation distribution as defined in section 665	133425
of the Internal Revenue Code, add, for the beneficiary's taxable	133426
years beginning before 2002, the portion, if any, of such	133427
distribution that does not exceed the undistributed net income of	133428
the trust for the three taxable years preceding the taxable year	133429
in which the distribution is made to the extent that the portion	133430
was not included in the trust's taxable income for any of the	133431
trust's taxable years beginning in 2002 or thereafter.	133432
"Undistributed net income of a trust" means the taxable income of	133433
the trust increased by (a)(i) the additions to adjusted gross	133434
income required under division (A) of this section and (ii) the	133435
personal exemptions allowed to the trust pursuant to section	133436
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	133437
deductions to adjusted gross income required under division (A) of	133438
this section, (ii) the amount of federal income taxes attributable	133439
to such income, and (iii) the amount of taxable income that has	133440
been included in the adjusted gross income of a beneficiary by	133441
reason of a prior accumulation distribution. Any undistributed net	133442
income included in the adjusted gross income of a beneficiary	133443
shall reduce the undistributed net income of the trust commencing	133444
with the earliest years of the accumulation period.	133445

(7) Deduct the amount of wages and salaries, if any, not	133446
otherwise allowable as a deduction but that would have been	133447
allowable as a deduction in computing federal adjusted gross	133448
income for the taxable year, had the targeted jobs credit allowed	133449
and determined under sections 38, 51, and 52 of the Internal	133450
Revenue Code not been in effect.	133451

(8) Deduct any interest or interest equivalent on public	133452
obligations and purchase obligations to the extent that the	133453
interest or interest equivalent is included in federal adjusted	133454
gross income.	133455

(9) Add any loss or deduct any gain resulting from the sale,	133456
exchange, or other disposition of public obligations to the extent	133457
that the loss has been deducted or the gain has been included in	133458
computing federal adjusted gross income.	133459

(10) Deduct or add amounts, as provided under section 5747.70	133460
of the Revised Code, related to contributions to variable college	133461
savings program accounts made or tuition units purchased pursuant	133462
to Chapter 3334. of the Revised Code.	133463

(11)(a) Deduct, to the extent not otherwise allowable as a	133464
deduction or exclusion in computing federal or Ohio adjusted gross	133465
income for the taxable year, the amount the taxpayer paid during	133466
the taxable year for medical care insurance and qualified	133467
long-term care insurance for the taxpayer, the taxpayer's spouse,	133468
and dependents. No deduction for medical care insurance under	133469
division (A)(11) of this section shall be allowed either to any	133470
taxpayer who is eligible to participate in any subsidized health	133471
plan maintained by any employer of the taxpayer or of the	133472
taxpayer's spouse, or to any taxpayer who is entitled to, or on	133473
application would be entitled to, benefits under part A of Title	133474
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	133475
301, as amended. For the purposes of division (A)(11)(a) of this	133476
section, "subsidized health plan" means a health plan for which	133477
the employer pays any portion of the plan's cost. The deduction	133478
allowed under division (A)(11)(a) of this section shall be the net	133479
of any related premium refunds, related premium reimbursements, or	133480
related insurance premium dividends received during the taxable	133481
year.	133482

(b) Deduct, to the extent not otherwise deducted or excluded	133483
in computing federal or Ohio adjusted gross income during the	133484
taxable year, the amount the taxpayer paid during the taxable	133485
year, not compensated for by any insurance or otherwise, for	133486
medical care of the taxpayer, the taxpayer's spouse, and	133487
dependents, to the extent the expenses exceed seven and one-half	133488
per cent of the taxpayer's federal adjusted gross income.	133489

(c) Deduct, to the extent not otherwise deducted or excluded	133490
in computing federal or Ohio adjusted gross income, any amount	133491
included in federal adjusted gross income under section 105 or not	133492
excluded under section 106 of the Internal Revenue Code solely	133493
because it relates to an accident and health plan for a person who	133494
otherwise would be a "qualifying relative" and thus a "dependent"	133495
under section 152 of the Internal Revenue Code but for the fact	133496
that the person fails to meet the income and support limitations	133497
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	133498

(d) For purposes of division (A)(11) of this section,	133499
"medical care" has the meaning given in section 213 of the	133500
Internal Revenue Code, subject to the special rules, limitations,	133501
and exclusions set forth therein, and "qualified long-term care"	133502
has the same meaning given in section 7702B(c) of the Internal	133503
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	133504
of this section, "dependent" includes a person who otherwise would	133505
be a "qualifying relative" and thus a "dependent" under section	133506
152 of the Internal Revenue Code but for the fact that the person	133507
fails to meet the income and support limitations under section	133508
152(d)(1)(B) and (C) of the Internal Revenue Code.	133509

(12)(a) Deduct any amount included in federal adjusted gross	133510
income solely because the amount represents a reimbursement or	133511
refund of expenses that in any year the taxpayer had deducted as	133512
an itemized deduction pursuant to section 63 of the Internal	133513
Revenue Code and applicable United States department of the	133514
treasury regulations. The deduction otherwise allowed under	133515
division (A)(12)(a) of this section shall be reduced to the extent	133516
the reimbursement is attributable to an amount the taxpayer	133517
deducted under this section in any taxable year.	133518

(b) Add any amount not otherwise included in Ohio adjusted	133519
gross income for any taxable year to the extent that the amount is	133520
attributable to the recovery during the taxable year of any amount	133521
deducted or excluded in computing federal or Ohio adjusted gross	133522
income in any taxable year.	133523

(13) Deduct any portion of the deduction described in section	133524
1341(a)(2) of the Internal Revenue Code, for repaying previously	133525
reported income received under a claim of right, that meets both	133526
of the following requirements:	133527

(a) It is allowable for repayment of an item that was	133528
included in the taxpayer's adjusted gross income for a prior	133529
taxable year and did not qualify for a credit under division (A)	133530
or (B) of section 5747.05 of the Revised Code for that year;	133531

(b) It does not otherwise reduce the taxpayer's adjusted	133532
gross income for the current or any other taxable year.	133533

(14) Deduct an amount equal to the deposits made to, and net	133534
investment earnings of, a medical savings account during the	133535
taxable year, in accordance with section 3924.66 of the Revised	133536
Code. The deduction allowed by division (A)(14) of this section	133537
does not apply to medical savings account deposits and earnings	133538
otherwise deducted or excluded for the current or any other	133539
taxable year from the taxpayer's federal adjusted gross income.	133540

(15)(a) Add an amount equal to the funds withdrawn from a	133541
medical savings account during the taxable year, and the net	133542
investment earnings on those funds, when the funds withdrawn were	133543
used for any purpose other than to reimburse an account holder	133544
for, or to pay, eligible medical expenses, in accordance with	133545
section 3924.66 of the Revised Code;	133546

(b) Add the amounts distributed from a medical savings	133547
account under division (A)(2) of section 3924.68 of the Revised	133548
Code during the taxable year.	133549

(16) Add any amount claimed as a credit under section	133550
5747.059 or 5747.65 of the Revised Code to the extent that such	133551
amount satisfies either of the following:	133552

(a) The amount was deducted or excluded from the computation	133553
of the taxpayer's federal adjusted gross income as required to be	133554
reported for the taxpayer's taxable year under the Internal	133555
Revenue Code;	133556

(b) The amount resulted in a reduction of the taxpayer's	133557
federal adjusted gross income as required to be reported for any	133558
of the taxpayer's taxable years under the Internal Revenue Code.	133559

(17) Deduct the amount contributed by the taxpayer to an	133560
individual development account program established by a county	133561
department of job and family services pursuant to sections 329.11	133562
to 329.14 of the Revised Code for the purpose of matching funds	133563
deposited by program participants. On request of the tax	133564
commissioner, the taxpayer shall provide any information that, in	133565
the tax commissioner's opinion, is necessary to establish the	133566
amount deducted under division (A)(17) of this section.	133567

(18) Beginning in taxable year 2001 but not for any taxable	133568
year beginning after December 31, 2005, if the taxpayer is married	133569
and files a joint return and the combined federal adjusted gross	133570
income of the taxpayer and the taxpayer's spouse for the taxable	133571
year does not exceed one hundred thousand dollars, or if the	133572
taxpayer is single and has a federal adjusted gross income for the	133573
taxable year not exceeding fifty thousand dollars, deduct amounts	133574
paid during the taxable year for qualified tuition and fees paid	133575
to an eligible institution for the taxpayer, the taxpayer's	133576
spouse, or any dependent of the taxpayer, who is a resident of	133577
this state and is enrolled in or attending a program that	133578
culminates in a degree or diploma at an eligible institution. The	133579
deduction may be claimed only to the extent that qualified tuition	133580
and fees are not otherwise deducted or excluded for any taxable	133581
year from federal or Ohio adjusted gross income. The deduction may	133582
not be claimed for educational expenses for which the taxpayer	133583
claims a credit under section 5747.27 of the Revised Code.	133584

(19) Add any reimbursement received during the taxable year	133585
of any amount the taxpayer deducted under division (A)(18) of this	133586
section in any previous taxable year to the extent the amount is	133587
not otherwise included in Ohio adjusted gross income.	133588

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	133589
(v) of this section, add five-sixths of the amount of depreciation	133590
expense allowed by subsection (k) of section 168 of the Internal	133591
Revenue Code, including the taxpayer's proportionate or	133592
distributive share of the amount of depreciation expense allowed	133593
by that subsection to a pass-through entity in which the taxpayer	133594
has a direct or indirect ownership interest.	133595

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	133596
this section, add five-sixths of the amount of qualifying section	133597
179 depreciation expense, including the taxpayer's proportionate	133598
or distributive share of the amount of qualifying section 179	133599
depreciation expense allowed to any pass-through entity in which	133600
the taxpayer has a direct or indirect ownership interest.	133601

(iii) Subject to division (A)(20)(a)(v) of this section, for	133602
taxable years beginning in 2012 or thereafter, if the increase in	133603
income taxes withheld by the taxpayer is equal to or greater than	133604
ten per cent of income taxes withheld by the taxpayer during the	133605
taxpayer's immediately preceding taxable year, "two-thirds" shall	133606
be substituted for "five-sixths" for the purpose of divisions	133607
(A)(20)(a)(i) and (ii) of this section.	133608

(iv) Subject to division (A)(20)(a)(v) of this section, for	133609
taxable years beginning in 2012 or thereafter, a taxpayer is not	133610
required to add an amount under division (A)(20) of this section	133611
if the increase in income taxes withheld by the taxpayer and by	133612
any pass-through entity in which the taxpayer has a direct or	133613
indirect ownership interest is equal to or greater than the sum of	133614
(I) the amount of qualifying section 179 depreciation expense and	133615
(II) the amount of depreciation expense allowed to the taxpayer by	133616
subsection (k) of section 168 of the Internal Revenue Code, and	133617
including the taxpayer's proportionate or distributive shares of	133618
such amounts allowed to any such pass-through entities.	133619

(v) If a taxpayer directly or indirectly incurs a net	133620
operating loss for the taxable year for federal income tax	133621
purposes, to the extent such loss resulted from depreciation	133622
expense allowed by subsection (k) of section 168 of the Internal	133623
Revenue Code and by qualifying section 179 depreciation expense,	133624
"the entire" shall be substituted for "five-sixths of the" for the	133625
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	133626

The tax commissioner, under procedures established by the	133627
commissioner, may waive the add-backs related to a pass-through	133628
entity if the taxpayer owns, directly or indirectly, less than	133629
five per cent of the pass-through entity.	133630

(b) Nothing in division (A)(20) of this section shall be	133631
construed to adjust or modify the adjusted basis of any asset.	133632

(c) To the extent the add-back required under division	133633
(A)(20)(a) of this section is attributable to property generating	133634
nonbusiness income or loss allocated under section 5747.20 of the	133635
Revised Code, the add-back shall be sitused to the same location	133636
as the nonbusiness income or loss generated by the property for	133637
the purpose of determining the credit under division (A) of	133638
section 5747.05 of the Revised Code. Otherwise, the add-back shall	133639
be apportioned, subject to one or more of the four alternative	133640
methods of apportionment enumerated in section 5747.21 of the	133641
Revised Code.	133642

(d) For the purposes of division (A)(20)(a)(v) of this	133643
section, net operating loss carryback and carryforward shall not	133644
include the allowance of any net operating loss deduction	133645
carryback or carryforward to the taxable year to the extent such	133646
loss resulted from depreciation allowed by section 168(k) of the	133647
Internal Revenue Code and by the qualifying section 179	133648
depreciation expense amount.	133649

(e) For the purposes of divisions (A)(20) and (21) of this	133650
section:	133651

(i) "Income taxes withheld" means the total amount withheld	133652
and remitted under sections 5747.06 and 5747.07 of the Revised	133653
Code by an employer during the employer's taxable year.	133654

(ii) "Increase in income taxes withheld" means the amount by	133655
which the amount of income taxes withheld by an employer during	133656
the employer's current taxable year exceeds the amount of income	133657
taxes withheld by that employer during the employer's immediately	133658
preceding taxable year.	133659

(iii) "Qualifying section 179 depreciation expense" means the	133660
difference between (I) the amount of depreciation expense directly	133661
or indirectly allowed to a taxpayer under section 179 of the	133662
Internal Revised Code, and (II) the amount of depreciation expense	133663
directly or indirectly allowed to the taxpayer under section 179	133664
of the Internal Revenue Code as that section existed on December	133665
31, 2002.	133666

(21)(a) If the taxpayer was required to add an amount under	133667
division (A)(20)(a) of this section for a taxable year, deduct one	133668
of the following:	133669

(i) One-fifth of the amount so added for each of the five	133670
succeeding taxable years if the amount so added was five-sixths of	133671
qualifying section 179 depreciation expense or depreciation	133672
expense allowed by subsection (k) of section 168 of the Internal	133673
Revenue Code;	133674

(ii) One-half of the amount so added for each of the two	133675
succeeding taxable years if the amount so added was two-thirds of	133676
such depreciation expense;	133677

(iii) One-sixth of the amount so added for each of the six	133678
succeeding taxable years if the entire amount of such depreciation	133679
expense was so added.	133680

(b) If the amount deducted under division (A)(21)(a) of this	133681
section is attributable to an add-back allocated under division	133682
(A)(20)(c) of this section, the amount deducted shall be sitused	133683
to the same location. Otherwise, the add-back shall be apportioned	133684
using the apportionment factors for the taxable year in which the	133685
deduction is taken, subject to one or more of the four alternative	133686
methods of apportionment enumerated in section 5747.21 of the	133687
Revised Code.	133688

(c) No deduction is available under division (A)(21)(a) of	133689
this section with regard to any depreciation allowed by section	133690
168(k) of the Internal Revenue Code and by the qualifying section	133691
179 depreciation expense amount to the extent that such	133692
depreciation results in or increases a federal net operating loss	133693
carryback or carryforward. If no such deduction is available for a	133694
taxable year, the taxpayer may carry forward the amount not	133695
deducted in such taxable year to the next taxable year and add	133696
that amount to any deduction otherwise available under division	133697
(A)(21)(a) of this section for that next taxable year. The	133698
carryforward of amounts not so deducted shall continue until the	133699
entire addition required by division (A)(20)(a) of this section	133700
has been deducted.	133701

(d) No refund shall be allowed as a result of adjustments	133702
made by division (A)(21) of this section.	133703

(22) Deduct, to the extent not otherwise deducted or excluded	133704
in computing federal or Ohio adjusted gross income for the taxable	133705
year, the amount the taxpayer received during the taxable year as	133706
reimbursement for life insurance premiums under section 5919.31 of	133707
the Revised Code.	133708

(23) Deduct, to the extent not otherwise deducted or excluded	133709
in computing federal or Ohio adjusted gross income for the taxable	133710
year, the amount the taxpayer received during the taxable year as	133711
a death benefit paid by the adjutant general under section 5919.33	133712
of the Revised Code.	133713

(24) Deduct, to the extent included in federal adjusted gross	133714
income and not otherwise allowable as a deduction or exclusion in	133715
computing federal or Ohio adjusted gross income for the taxable	133716
year, military pay and allowances received by the taxpayer during	133717
the taxable year for active duty service in the United States	133718
army, air force, navy, marine corps, or coast guard or reserve	133719
components thereof or the national guard. The deduction may not be	133720
claimed for military pay and allowances received by the taxpayer	133721
while the taxpayer is stationed in this state.	133722

(25) Deduct, to the extent not otherwise allowable as a	133723
deduction or exclusion in computing federal or Ohio adjusted gross	133724
income for the taxable year and not otherwise compensated for by	133725
any other source, the amount of qualified organ donation expenses	133726
incurred by the taxpayer during the taxable year, not to exceed	133727
ten thousand dollars. A taxpayer may deduct qualified organ	133728
donation expenses only once for all taxable years beginning with	133729
taxable years beginning in 2007.	133730

For the purposes of division (A)(25) of this section:

133731

(a) "Human organ" means all or any portion of a human liver,	133732
pancreas, kidney, intestine, or lung, and any portion of human	133733
bone marrow.	133734

(b) "Qualified organ donation expenses" means travel	133735
expenses, lodging expenses, and wages and salary forgone by a	133736
taxpayer in connection with the taxpayer's donation, while living,	133737
of one or more of the taxpayer's human organs to another human	133738
being.	133739

(26) Deduct, to the extent not otherwise deducted or excluded	133740
in computing federal or Ohio adjusted gross income for the taxable	133741
year, amounts received by the taxpayer as retired ~~military~~	133742
personnel pay for service in the ~~United States army, navy, air~~	133743
~~force, coast guard, or marine corps~~uniformed services or reserve	133744
components thereof, or the national guard, or received by the	133745
surviving spouse or former spouse of such a taxpayer under the	133746
survivor benefit plan on account of such a taxpayer's death. If	133747
the taxpayer receives income on account of retirement paid under	133748
the federal civil service retirement system or federal employees	133749
retirement system, or under any successor retirement program	133750
enacted by the congress of the United States that is established	133751
and maintained for retired employees of the United States	133752
government, and such retirement income is based, in whole or in	133753
part, on credit for the taxpayer's ~~military~~uniformed service, the	133754
deduction allowed under this division shall include only that	133755
portion of such retirement income that is attributable to the	133756
taxpayer's ~~military~~uniformed service, to the extent that portion	133757
of such retirement income is otherwise included in federal	133758
adjusted gross income and is not otherwise deducted under this	133759
section. Any amount deducted under division (A)(26) of this	133760
section is not included in a taxpayer's adjusted gross income for	133761
the purposes of section 5747.055 of the Revised Code. No amount	133762
may be deducted under division (A)(26) of this section on the	133763
basis of which a credit was claimed under section 5747.055 of the	133764
Revised Code.	133765

(27) Deduct, to the extent not otherwise deducted or excluded	133766
in computing federal or Ohio adjusted gross income for the taxable	133767
year, the amount the taxpayer received during the taxable year	133768
from the military injury relief fund created in section 5101.98 of	133769
the Revised Code.	133770

(28) Deduct, to the extent not otherwise deducted or excluded	133771
in computing federal or Ohio adjusted gross income for the taxable	133772
year, the amount the taxpayer received as a veterans bonus during	133773
the taxable year from the Ohio department of veterans services as	133774
authorized by Section 2r of Article VIII, Ohio Constitution.	133775

(29) Deduct, to the extent not otherwise deducted or excluded	133776
in computing federal or Ohio adjusted gross income for the taxable	133777
year, any loss from wagering transactions that is allowed as an	133778
itemized deduction under section 165 of the Internal Revenue Code	133779
and that the taxpayer deducted in computing federal taxable	133780
income.	133781

(30) Deduct, to the extent not otherwise deducted or excluded	133782
in computing federal or Ohio adjusted gross income for the taxable	133783
year, any income derived from a transfer agreement or from the	133784
enterprise transferred under that agreement under section 4313.02	133785
of the Revised Code.	133786

(31) Deduct, to the extent not otherwise deducted or excluded	133787
in computing federal or Ohio adjusted gross income for the taxable	133788
year, Ohio college opportunity or federal Pell grant amounts	133789
received by the taxpayer or the taxpayer's spouse or dependent	133790
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	133791
1070a, et seq., and used to pay room or board furnished by the	133792
educational institution for which the grant was awarded at the	133793
institution's facilities, including meal plans administered by the	133794
institution. For the purposes of this division, receipt of a grant	133795
includes the distribution of a grant directly to an educational	133796
institution and the crediting of the grant to the enrollee's	133797
account with the institution.	133798

(32) Deduct one-half of the taxpayer's Ohio small business	133799
investor income, not to exceed one hundred eighty-seven thousand	133800
five hundred dollars for each spouse if spouses file separate	133801
returns under section 5747.08 of the Revised Code or three hundred	133802
seventy-five thousand dollars for all other taxpayers. No	133803
pass-through entity may claim a deduction under this division.	133804

For the purposes of this division, "Ohio small business	133805
investor income" means the portion of a taxpayer's adjusted gross	133806
income that is business income reduced by deductions from business	133807
income and apportioned or allocated to this state under sections	133808
5747.21 and 5747.22 of the Revised Code, to the extent not	133809
otherwise deducted or excluded in computing federal or Ohio	133810
adjusted gross income for the taxable year.	133811

(B) "Business income" means income, including gain or loss,	133812
arising from transactions, activities, and sources in the regular	133813
course of a trade or business and includes income, gain, or loss	133814
from real property, tangible property, and intangible property if	133815
the acquisition, rental, management, and disposition of the	133816
property constitute integral parts of the regular course of a	133817
trade or business operation. "Business income" includes income,	133818
including gain or loss, from a partial or complete liquidation of	133819
a business, including, but not limited to, gain or loss from the	133820
sale or other disposition of goodwill.	133821

(C) "Nonbusiness income" means all income other than business	133822
income and may include, but is not limited to, compensation, rents	133823
and royalties from real or tangible personal property, capital	133824
gains, interest, dividends and distributions, patent or copyright	133825
royalties, or lottery winnings, prizes, and awards.	133826

(D) "Compensation" means any form of remuneration paid to an	133827
employee for personal services.	133828

(E) "Fiduciary" means a guardian, trustee, executor,	133829
administrator, receiver, conservator, or any other person acting	133830
in any fiduciary capacity for any individual, trust, or estate.	133831

(F) "Fiscal year" means an accounting period of twelve months	133832
ending on the last day of any month other than December.	133833

(G) "Individual" means any natural person.

133834

(H) "Internal Revenue Code" means the "Internal Revenue Code	133835
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	133836

(I) "Resident" means any of the following, provided that	133837
division (I)(3) of this section applies only to taxable years of a	133838
trust beginning in 2002 or thereafter:	133839

(1) An individual who is domiciled in this state, subject to	133840
section 5747.24 of the Revised Code;	133841

(2) The estate of a decedent who at the time of death was	133842
domiciled in this state. The domicile tests of section 5747.24 of	133843
the Revised Code are not controlling for purposes of division	133844
(I)(2) of this section.	133845

(3) A trust that, in whole or part, resides in this state. If	133846
only part of a trust resides in this state, the trust is a	133847
resident only with respect to that part.	133848

For the purposes of division (I)(3) of this section:

133849

(a) A trust resides in this state for the trust's current	133850
taxable year to the extent, as described in division (I)(3)(d) of	133851
this section, that the trust consists directly or indirectly, in	133852
whole or in part, of assets, net of any related liabilities, that	133853
were transferred, or caused to be transferred, directly or	133854
indirectly, to the trust by any of the following:	133855

(i) A person, a court, or a governmental entity or	133856
instrumentality on account of the death of a decedent, but only if	133857
the trust is described in division (I)(3)(e)(i) or (ii) of this	133858
section;	133859

(ii) A person who was domiciled in this state for the	133860
purposes of this chapter when the person directly or indirectly	133861
transferred assets to an irrevocable trust, but only if at least	133862
one of the trust's qualifying beneficiaries is domiciled in this	133863
state for the purposes of this chapter during all or some portion	133864
of the trust's current taxable year;	133865

(iii) A person who was domiciled in this state for the	133866
purposes of this chapter when the trust document or instrument or	133867
part of the trust document or instrument became irrevocable, but	133868
only if at least one of the trust's qualifying beneficiaries is a	133869
resident domiciled in this state for the purposes of this chapter	133870
during all or some portion of the trust's current taxable year. If	133871
a trust document or instrument became irrevocable upon the death	133872
of a person who at the time of death was domiciled in this state	133873
for purposes of this chapter, that person is a person described in	133874
division (I)(3)(a)(iii) of this section.	133875

(b) A trust is irrevocable to the extent that the transferor	133876
is not considered to be the owner of the net assets of the trust	133877
under sections 671 to 678 of the Internal Revenue Code.	133878

(c) With respect to a trust other than a charitable lead	133879
trust, "qualifying beneficiary" has the same meaning as "potential	133880
current beneficiary" as defined in section 1361(e)(2) of the	133881
Internal Revenue Code, and with respect to a charitable lead trust	133882
"qualifying beneficiary" is any current, future, or contingent	133883
beneficiary, but with respect to any trust "qualifying	133884
beneficiary" excludes a person or a governmental entity or	133885
instrumentality to any of which a contribution would qualify for	133886
the charitable deduction under section 170 of the Internal Revenue	133887
Code.	133888

(d) For the purposes of division (I)(3)(a) of this section,	133889
the extent to which a trust consists directly or indirectly, in	133890
whole or in part, of assets, net of any related liabilities, that	133891
were transferred directly or indirectly, in whole or part, to the	133892
trust by any of the sources enumerated in that division shall be	133893
ascertained by multiplying the fair market value of the trust's	133894
assets, net of related liabilities, by the qualifying ratio, which	133895
shall be computed as follows:	133896

(i) The first time the trust receives assets, the numerator	133897
of the qualifying ratio is the fair market value of those assets	133898
at that time, net of any related liabilities, from sources	133899
enumerated in division (I)(3)(a) of this section. The denominator	133900
of the qualifying ratio is the fair market value of all the	133901
trust's assets at that time, net of any related liabilities.	133902

(ii) Each subsequent time the trust receives assets, a	133903
revised qualifying ratio shall be computed. The numerator of the	133904
revised qualifying ratio is the sum of (1) the fair market value	133905
of the trust's assets immediately prior to the subsequent	133906
transfer, net of any related liabilities, multiplied by the	133907
qualifying ratio last computed without regard to the subsequent	133908
transfer, and (2) the fair market value of the subsequently	133909
transferred assets at the time transferred, net of any related	133910
liabilities, from sources enumerated in division (I)(3)(a) of this	133911
section. The denominator of the revised qualifying ratio is the	133912
fair market value of all the trust's assets immediately after the	133913
subsequent transfer, net of any related liabilities.	133914

(iii) Whether a transfer to the trust is by or from any of	133915
the sources enumerated in division (I)(3)(a) of this section shall	133916
be ascertained without regard to the domicile of the trust's	133917
beneficiaries.	133918

(e) For the purposes of division (I)(3)(a)(i) of this	133919
section:	133920

(i) A trust is described in division (I)(3)(e)(i) of this	133921
section if the trust is a testamentary trust and the testator of	133922
that testamentary trust was domiciled in this state at the time of	133923
the testator's death for purposes of the taxes levied under	133924
Chapter 5731. of the Revised Code.	133925

(ii) A trust is described in division (I)(3)(e)(ii) of this	133926
section if the transfer is a qualifying transfer described in any	133927
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	133928
irrevocable inter vivos trust, and at least one of the trust's	133929
qualifying beneficiaries is domiciled in this state for purposes	133930
of this chapter during all or some portion of the trust's current	133931
taxable year.	133932

(f) For the purposes of division (I)(3)(e)(ii) of this	133933
section, a "qualifying transfer" is a transfer of assets, net of	133934
any related liabilities, directly or indirectly to a trust, if the	133935
transfer is described in any of the following:	133936

(i) The transfer is made to a trust, created by the decedent	133937
before the decedent's death and while the decedent was domiciled	133938
in this state for the purposes of this chapter, and, prior to the	133939
death of the decedent, the trust became irrevocable while the	133940
decedent was domiciled in this state for the purposes of this	133941
chapter.	133942

(ii) The transfer is made to a trust to which the decedent,	133943
prior to the decedent's death, had directly or indirectly	133944
transferred assets, net of any related liabilities, while the	133945
decedent was domiciled in this state for the purposes of this	133946
chapter, and prior to the death of the decedent the trust became	133947
irrevocable while the decedent was domiciled in this state for the	133948
purposes of this chapter.	133949

(iii) The transfer is made on account of a contractual	133950
relationship existing directly or indirectly between the	133951
transferor and either the decedent or the estate of the decedent	133952
at any time prior to the date of the decedent's death, and the	133953
decedent was domiciled in this state at the time of death for	133954
purposes of the taxes levied under Chapter 5731. of the Revised	133955
Code.	133956

(iv) The transfer is made to a trust on account of a	133957
contractual relationship existing directly or indirectly between	133958
the transferor and another person who at the time of the	133959
decedent's death was domiciled in this state for purposes of this	133960
chapter.	133961

(v) The transfer is made to a trust on account of the will of	133962
a testator who was domiciled in this state at the time of the	133963
testator's death for purposes of the taxes levied under Chapter	133964
5731. of the Revised Code.	133965

(vi) The transfer is made to a trust created by or caused to	133966
be created by a court, and the trust was directly or indirectly	133967
created in connection with or as a result of the death of an	133968
individual who, for purposes of the taxes levied under Chapter	133969
5731. of the Revised Code, was domiciled in this state at the time	133970
of the individual's death.	133971

(g) The tax commissioner may adopt rules to ascertain the	133972
part of a trust residing in this state.	133973

(J) "Nonresident" means an individual or estate that is not a	133974
resident. An individual who is a resident for only part of a	133975
taxable year is a nonresident for the remainder of that taxable	133976
year.	133977

(K) "Pass-through entity" has the same meaning as in section	133978
5733.04 of the Revised Code.	133979

(L) "Return" means the notifications and reports required to	133980
be filed pursuant to this chapter for the purpose of reporting the	133981
tax due and includes declarations of estimated tax when so	133982
required.	133983

(M) "Taxable year" means the calendar year or the taxpayer's	133984
fiscal year ending during the calendar year, or fractional part	133985
thereof, upon which the adjusted gross income is calculated	133986
pursuant to this chapter.	133987

(N) "Taxpayer" means any person subject to the tax imposed by	133988
section 5747.02 of the Revised Code or any pass-through entity	133989
that makes the election under division (D) of section 5747.08 of	133990
the Revised Code.	133991

(O) "Dependents" means dependents as defined in the Internal	133992
Revenue Code and as claimed in the taxpayer's federal income tax	133993
return for the taxable year or which the taxpayer would have been	133994
permitted to claim had the taxpayer filed a federal income tax	133995
return.	133996

(P) "Principal county of employment" means, in the case of a	133997
nonresident, the county within the state in which a taxpayer	133998
performs services for an employer or, if those services are	133999
performed in more than one county, the county in which the major	134000
portion of the services are performed.	134001

(Q) As used in sections 5747.50 to 5747.55 of the Revised	134002
Code:	134003

(1) "Subdivision" means any county, municipal corporation,	134004
park district, or township.	134005

(2) "Essential local government purposes" includes all	134006
functions that any subdivision is required by general law to	134007
exercise, including like functions that are exercised under a	134008
charter adopted pursuant to the Ohio Constitution.	134009

(R) "Overpayment" means any amount already paid that exceeds	134010
the figure determined to be the correct amount of the tax.	134011

(S) "Taxable income" or "Ohio taxable income" applies only to	134012
estates and trusts, and means federal taxable income, as defined	134013
and used in the Internal Revenue Code, adjusted as follows:	134014

(1) Add interest or dividends, net of ordinary, necessary,	134015
and reasonable expenses not deducted in computing federal taxable	134016
income, on obligations or securities of any state or of any	134017
political subdivision or authority of any state, other than this	134018
state and its subdivisions and authorities, but only to the extent	134019
that such net amount is not otherwise includible in Ohio taxable	134020
income and is described in either division (S)(1)(a) or (b) of	134021
this section:	134022

(a) The net amount is not attributable to the S portion of an	134023
electing small business trust and has not been distributed to	134024
beneficiaries for the taxable year;	134025

(b) The net amount is attributable to the S portion of an	134026
electing small business trust for the taxable year.	134027

(2) Add interest or dividends, net of ordinary, necessary,	134028
and reasonable expenses not deducted in computing federal taxable	134029
income, on obligations of any authority, commission,	134030
instrumentality, territory, or possession of the United States to	134031
the extent that the interest or dividends are exempt from federal	134032
income taxes but not from state income taxes, but only to the	134033
extent that such net amount is not otherwise includible in Ohio	134034
taxable income and is described in either division (S)(1)(a) or	134035
(b) of this section;	134036

(3) Add the amount of personal exemption allowed to the	134037
estate pursuant to section 642(b) of the Internal Revenue Code;	134038

(4) Deduct interest or dividends, net of related expenses	134039
deducted in computing federal taxable income, on obligations of	134040
the United States and its territories and possessions or of any	134041
authority, commission, or instrumentality of the United States to	134042
the extent that the interest or dividends are exempt from state	134043
taxes under the laws of the United States, but only to the extent	134044
that such amount is included in federal taxable income and is	134045
described in either division (S)(1)(a) or (b) of this section;	134046

(5) Deduct the amount of wages and salaries, if any, not	134047
otherwise allowable as a deduction but that would have been	134048
allowable as a deduction in computing federal taxable income for	134049
the taxable year, had the targeted jobs credit allowed under	134050
sections 38, 51, and 52 of the Internal Revenue Code not been in	134051
effect, but only to the extent such amount relates either to	134052
income included in federal taxable income for the taxable year or	134053
to income of the S portion of an electing small business trust for	134054
the taxable year;	134055

(6) Deduct any interest or interest equivalent, net of	134056
related expenses deducted in computing federal taxable income, on	134057
public obligations and purchase obligations, but only to the	134058
extent that such net amount relates either to income included in	134059
federal taxable income for the taxable year or to income of the S	134060
portion of an electing small business trust for the taxable year;	134061

(7) Add any loss or deduct any gain resulting from sale,	134062
exchange, or other disposition of public obligations to the extent	134063
that such loss has been deducted or such gain has been included in	134064
computing either federal taxable income or income of the S portion	134065
of an electing small business trust for the taxable year;	134066

(8) Except in the case of the final return of an estate, add	134067
any amount deducted by the taxpayer on both its Ohio estate tax	134068
return pursuant to section 5731.14 of the Revised Code, and on its	134069
federal income tax return in determining federal taxable income;	134070

(9)(a) Deduct any amount included in federal taxable income	134071
solely because the amount represents a reimbursement or refund of	134072
expenses that in a previous year the decedent had deducted as an	134073
itemized deduction pursuant to section 63 of the Internal Revenue	134074
Code and applicable treasury regulations. The deduction otherwise	134075
allowed under division (S)(9)(a) of this section shall be reduced	134076
to the extent the reimbursement is attributable to an amount the	134077
taxpayer or decedent deducted under this section in any taxable	134078
year.	134079

(b) Add any amount not otherwise included in Ohio taxable	134080
income for any taxable year to the extent that the amount is	134081
attributable to the recovery during the taxable year of any amount	134082
deducted or excluded in computing federal or Ohio taxable income	134083
in any taxable year, but only to the extent such amount has not	134084
been distributed to beneficiaries for the taxable year.	134085

(10) Deduct any portion of the deduction described in section	134086
1341(a)(2) of the Internal Revenue Code, for repaying previously	134087
reported income received under a claim of right, that meets both	134088
of the following requirements:	134089

(a) It is allowable for repayment of an item that was	134090
included in the taxpayer's taxable income or the decedent's	134091
adjusted gross income for a prior taxable year and did not qualify	134092
for a credit under division (A) or (B) of section 5747.05 of the	134093
Revised Code for that year.	134094

(b) It does not otherwise reduce the taxpayer's taxable	134095
income or the decedent's adjusted gross income for the current or	134096
any other taxable year.	134097

(11) Add any amount claimed as a credit under section	134098
5747.059 or 5747.65 of the Revised Code to the extent that the	134099
amount satisfies either of the following:	134100

(a) The amount was deducted or excluded from the computation	134101
of the taxpayer's federal taxable income as required to be	134102
reported for the taxpayer's taxable year under the Internal	134103
Revenue Code;	134104

(b) The amount resulted in a reduction in the taxpayer's	134105
federal taxable income as required to be reported for any of the	134106
taxpayer's taxable years under the Internal Revenue Code.	134107

(12) Deduct any amount, net of related expenses deducted in	134108
computing federal taxable income, that a trust is required to	134109
report as farm income on its federal income tax return, but only	134110
if the assets of the trust include at least ten acres of land	134111
satisfying the definition of "land devoted exclusively to	134112
agricultural use" under section 5713.30 of the Revised Code,	134113
regardless of whether the land is valued for tax purposes as such	134114
land under sections 5713.30 to 5713.38 of the Revised Code. If the	134115
trust is a pass-through entity investor, section 5747.231 of the	134116
Revised Code applies in ascertaining if the trust is eligible to	134117
claim the deduction provided by division (S)(12) of this section	134118
in connection with the pass-through entity's farm income.	134119

Except for farm income attributable to the S portion of an	134120
electing small business trust, the deduction provided by division	134121
(S)(12) of this section is allowed only to the extent that the	134122
trust has not distributed such farm income. Division (S)(12) of	134123
this section applies only to taxable years of a trust beginning in	134124
2002 or thereafter.	134125

(13) Add the net amount of income described in section 641(c)	134126
of the Internal Revenue Code to the extent that amount is not	134127
included in federal taxable income.	134128

(14) Add or deduct the amount the taxpayer would be required	134129
to add or deduct under division (A)(20) or (21) of this section if	134130
the taxpayer's Ohio taxable income were computed in the same	134131
manner as an individual's Ohio adjusted gross income is computed	134132
under this section. In the case of a trust, division (S)(14) of	134133
this section applies only to any of the trust's taxable years	134134
beginning in 2002 or thereafter.	134135

(T) "School district income" and "school district income tax"	134136
have the same meanings as in section 5748.01 of the Revised Code.	134137

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	134138
of this section, "public obligations," "purchase obligations," and	134139
"interest or interest equivalent" have the same meanings as in	134140
section 5709.76 of the Revised Code.	134141

(V) "Limited liability company" means any limited liability	134142
company formed under Chapter 1705. of the Revised Code or under	134143
the laws of any other state.	134144

(W) "Pass-through entity investor" means any person who,	134145
during any portion of a taxable year of a pass-through entity, is	134146
a partner, member, shareholder, or equity investor in that	134147
pass-through entity.	134148

(X) "Banking day" has the same meaning as in section 1304.01	134149
of the Revised Code.	134150

(Y) "Month" means a calendar month.

134151

(Z) "Quarter" means the first three months, the second three	134152
months, the third three months, or the last three months of the	134153
taxpayer's taxable year.	134154

(AA)(1) "Eligible institution" means a state university or	134155
state institution of higher education as defined in section	134156
3345.011 of the Revised Code, or a private, nonprofit college,	134157
university, or other post-secondary institution located in this	134158
state that possesses a certificate of authorization issued by the	134159
Ohio board of regents pursuant to Chapter 1713. of the Revised	134160
Code or a certificate of registration issued by the state board of	134161
career colleges and schools under Chapter 3332. of the Revised	134162
Code.	134163

(2) "Qualified tuition and fees" means tuition and fees	134164
imposed by an eligible institution as a condition of enrollment or	134165
attendance, not exceeding two thousand five hundred dollars in	134166
each of the individual's first two years of post-secondary	134167
education. If the individual is a part-time student, "qualified	134168
tuition and fees" includes tuition and fees paid for the academic	134169
equivalent of the first two years of post-secondary education	134170
during a maximum of five taxable years, not exceeding a total of	134171
five thousand dollars. "Qualified tuition and fees" does not	134172
include:	134173

(a) Expenses for any course or activity involving sports,	134174
games, or hobbies unless the course or activity is part of the	134175
individual's degree or diploma program;	134176

(b) The cost of books, room and board, student activity fees,	134177
athletic fees, insurance expenses, or other expenses unrelated to	134178
the individual's academic course of instruction;	134179

(c) Tuition, fees, or other expenses paid or reimbursed	134180
through an employer, scholarship, grant in aid, or other	134181
educational benefit program.	134182

(BB)(1) "Modified business income" means the business income	134183
included in a trust's Ohio taxable income after such taxable	134184
income is first reduced by the qualifying trust amount, if any.	134185

(2) "Qualifying trust amount" of a trust means capital gains	134186
and losses from the sale, exchange, or other disposition of equity	134187
or ownership interests in, or debt obligations of, a qualifying	134188
investee to the extent included in the trust's Ohio taxable	134189
income, but only if the following requirements are satisfied:	134190

(a) The book value of the qualifying investee's physical	134191
assets in this state and everywhere, as of the last day of the	134192
qualifying investee's fiscal or calendar year ending immediately	134193
prior to the date on which the trust recognizes the gain or loss,	134194
is available to the trust.	134195

(b) The requirements of section 5747.011 of the Revised Code	134196
are satisfied for the trust's taxable year in which the trust	134197
recognizes the gain or loss.	134198

Any gain or loss that is not a qualifying trust amount is	134199
modified business income, qualifying investment income, or	134200
modified nonbusiness income, as the case may be.	134201

(3) "Modified nonbusiness income" means a trust's Ohio	134202
taxable income other than modified business income, other than the	134203
qualifying trust amount, and other than qualifying investment	134204
income, as defined in section 5747.012 of the Revised Code, to the	134205
extent such qualifying investment income is not otherwise part of	134206
modified business income.	134207

(4) "Modified Ohio taxable income" applies only to trusts,	134208
and means the sum of the amounts described in divisions (BB)(4)(a)	134209
to (c) of this section:	134210

(a) The fraction, calculated under section 5747.013, and	134211
applying section 5747.231 of the Revised Code, multiplied by the	134212
sum of the following amounts:	134213

(i) The trust's modified business income;

134214

(ii) The trust's qualifying investment income, as defined in	134215
section 5747.012 of the Revised Code, but only to the extent the	134216
qualifying investment income does not otherwise constitute	134217
modified business income and does not otherwise constitute a	134218
qualifying trust amount.	134219

(b) The qualifying trust amount multiplied by a fraction, the	134220
numerator of which is the sum of the book value of the qualifying	134221
investee's physical assets in this state on the last day of the	134222
qualifying investee's fiscal or calendar year ending immediately	134223
prior to the day on which the trust recognizes the qualifying	134224
trust amount, and the denominator of which is the sum of the book	134225
value of the qualifying investee's total physical assets	134226
everywhere on the last day of the qualifying investee's fiscal or	134227
calendar year ending immediately prior to the day on which the	134228
trust recognizes the qualifying trust amount. If, for a taxable	134229
year, the trust recognizes a qualifying trust amount with respect	134230
to more than one qualifying investee, the amount described in	134231
division (BB)(4)(b) of this section shall equal the sum of the	134232
products so computed for each such qualifying investee.	134233

(c)(i) With respect to a trust or portion of a trust that is	134234
a resident as ascertained in accordance with division (I)(3)(d) of	134235
this section, its modified nonbusiness income.	134236

(ii) With respect to a trust or portion of a trust that is	134237
not a resident as ascertained in accordance with division	134238
(I)(3)(d) of this section, the amount of its modified nonbusiness	134239
income satisfying the descriptions in divisions (B)(2) to (5) of	134240
section 5747.20 of the Revised Code, except as otherwise provided	134241
in division (BB)(4)(c)(ii) of this section. With respect to a	134242
trust or portion of a trust that is not a resident as ascertained	134243
in accordance with division (I)(3)(d) of this section, the trust's	134244
portion of modified nonbusiness income recognized from the sale,	134245
exchange, or other disposition of a debt interest in or equity	134246
interest in a section 5747.212 entity, as defined in section	134247
5747.212 of the Revised Code, without regard to division (A) of	134248
that section, shall not be allocated to this state in accordance	134249
with section 5747.20 of the Revised Code but shall be apportioned	134250
to this state in accordance with division (B) of section 5747.212	134251
of the Revised Code without regard to division (A) of that	134252
section.	134253

If the allocation and apportionment of a trust's income under	134254
divisions (BB)(4)(a) and (c) of this section do not fairly	134255
represent the modified Ohio taxable income of the trust in this	134256
state, the alternative methods described in division (C) of	134257
section 5747.21 of the Revised Code may be applied in the manner	134258
and to the same extent provided in that section.	134259

(5)(a) Except as set forth in division (BB)(5)(b) of this	134260
section, "qualifying investee" means a person in which a trust has	134261
an equity or ownership interest, or a person or unit of government	134262
the debt obligations of either of which are owned by a trust. For	134263
the purposes of division (BB)(2)(a) of this section and for the	134264
purpose of computing the fraction described in division (BB)(4)(b)	134265
of this section, all of the following apply:	134266

(i) If the qualifying investee is a member of a qualifying	134267
controlled group on the last day of the qualifying investee's	134268
fiscal or calendar year ending immediately prior to the date on	134269
which the trust recognizes the gain or loss, then "qualifying	134270
investee" includes all persons in the qualifying controlled group	134271
on such last day.	134272

(ii) If the qualifying investee, or if the qualifying	134273
investee and any members of the qualifying controlled group of	134274
which the qualifying investee is a member on the last day of the	134275
qualifying investee's fiscal or calendar year ending immediately	134276
prior to the date on which the trust recognizes the gain or loss,	134277
separately or cumulatively own, directly or indirectly, on the	134278
last day of the qualifying investee's fiscal or calendar year	134279
ending immediately prior to the date on which the trust recognizes	134280
the qualifying trust amount, more than fifty per cent of the	134281
equity of a pass-through entity, then the qualifying investee and	134282
the other members are deemed to own the proportionate share of the	134283
pass-through entity's physical assets which the pass-through	134284
entity directly or indirectly owns on the last day of the	134285
pass-through entity's calendar or fiscal year ending within or	134286
with the last day of the qualifying investee's fiscal or calendar	134287
year ending immediately prior to the date on which the trust	134288
recognizes the qualifying trust amount.	134289

(iii) For the purposes of division (BB)(5)(a)(iii) of this	134290
section, "upper level pass-through entity" means a pass-through	134291
entity directly or indirectly owning any equity of another	134292
pass-through entity, and "lower level pass-through entity" means	134293
that other pass-through entity.	134294

An upper level pass-through entity, whether or not it is also	134295
a qualifying investee, is deemed to own, on the last day of the	134296
upper level pass-through entity's calendar or fiscal year, the	134297
proportionate share of the lower level pass-through entity's	134298
physical assets that the lower level pass-through entity directly	134299
or indirectly owns on the last day of the lower level pass-through	134300
entity's calendar or fiscal year ending within or with the last	134301
day of the upper level pass-through entity's fiscal or calendar	134302
year. If the upper level pass-through entity directly and	134303
indirectly owns less than fifty per cent of the equity of the	134304
lower level pass-through entity on each day of the upper level	134305
pass-through entity's calendar or fiscal year in which or with	134306
which ends the calendar or fiscal year of the lower level	134307
pass-through entity and if, based upon clear and convincing	134308
evidence, complete information about the location and cost of the	134309
physical assets of the lower pass-through entity is not available	134310
to the upper level pass-through entity, then solely for purposes	134311
of ascertaining if a gain or loss constitutes a qualifying trust	134312
amount, the upper level pass-through entity shall be deemed as	134313
owning no equity of the lower level pass-through entity for each	134314
day during the upper level pass-through entity's calendar or	134315
fiscal year in which or with which ends the lower level	134316
pass-through entity's calendar or fiscal year. Nothing in division	134317
(BB)(5)(a)(iii) of this section shall be construed to provide for	134318
any deduction or exclusion in computing any trust's Ohio taxable	134319
income.	134320

(b) With respect to a trust that is not a resident for the	134321
taxable year and with respect to a part of a trust that is not a	134322
resident for the taxable year, "qualifying investee" for that	134323
taxable year does not include a C corporation if both of the	134324
following apply:	134325

(i) During the taxable year the trust or part of the trust	134326
recognizes a gain or loss from the sale, exchange, or other	134327
disposition of equity or ownership interests in, or debt	134328
obligations of, the C corporation.	134329

(ii) Such gain or loss constitutes nonbusiness income.

134330

(6) "Available" means information is such that a person is	134331
able to learn of the information by the due date plus extensions,	134332
if any, for filing the return for the taxable year in which the	134333
trust recognizes the gain or loss.	134334

(CC) "Qualifying controlled group" has the same meaning as in	134335
section 5733.04 of the Revised Code.	134336

(DD) "Related member" has the same meaning as in section	134337
5733.042 of the Revised Code.	134338

(EE)(1) For the purposes of division (EE) of this section:

134339

(a) "Qualifying person" means any person other than a	134340
qualifying corporation.	134341

(b) "Qualifying corporation" means any person classified for	134342
federal income tax purposes as an association taxable as a	134343
corporation, except either of the following:	134344

(i) A corporation that has made an election under subchapter	134345
S, chapter one, subtitle A, of the Internal Revenue Code for its	134346
taxable year ending within, or on the last day of, the investor's	134347
taxable year;	134348

(ii) A subsidiary that is wholly owned by any corporation	134349
that has made an election under subchapter S, chapter one,	134350
subtitle A of the Internal Revenue Code for its taxable year	134351
ending within, or on the last day of, the investor's taxable year.	134352

(2) For the purposes of this chapter, unless expressly stated	134353
otherwise, no qualifying person indirectly owns any asset directly	134354
or indirectly owned by any qualifying corporation.	134355

(FF) For purposes of this chapter and Chapter 5751. of the	134356
Revised Code:	134357

(1) "Trust" does not include a qualified pre-income tax	134358
trust.	134359

(2) A "qualified pre-income tax trust" is any pre-income tax	134360
trust that makes a qualifying pre-income tax trust election as	134361
described in division (FF)(3) of this section.	134362

(3) A "qualifying pre-income tax trust election" is an	134363
election by a pre-income tax trust to subject to the tax imposed	134364
by section 5751.02 of the Revised Code the pre-income tax trust	134365
and all pass-through entities of which the trust owns or controls,	134366
directly, indirectly, or constructively through related interests,	134367
five per cent or more of the ownership or equity interests. The	134368
trustee shall notify the tax commissioner in writing of the	134369
election on or before April 15, 2006. The election, if timely	134370
made, shall be effective on and after January 1, 2006, and shall	134371
apply for all tax periods and tax years until revoked by the	134372
trustee of the trust.	134373

(4) A "pre-income tax trust" is a trust that satisfies all of	134374
the following requirements:	134375

(a) The document or instrument creating the trust was	134376
executed by the grantor before January 1, 1972;	134377

(b) The trust became irrevocable upon the creation of the	134378
trust; and	134379

(c) The grantor was domiciled in this state at the time the	134380
trust was created.	134381

(GG) "Uniformed services" has the same meaning as in 10	134382
U.S.C. 101.	134383

Sec. 5747.02. (A) For the purpose of providing revenue for	134384
the support of schools and local government functions, to provide	134385
relief to property taxpayers, to provide revenue for the general	134386
revenue fund, and to meet the expenses of administering the tax	134387
levied by this chapter, there is hereby levied on every	134388
individual, trust, and estate residing in or earning or receiving	134389
income in this state, on every individual, trust, and estate	134390
earning or receiving lottery winnings, prizes, or awards pursuant	134391
to Chapter 3770. of the Revised Code, on every individual, trust,	134392
and estate earning or receiving winnings on casino gaming, and on	134393
every individual, trust, and estate otherwise having nexus with or	134394
in this state under the Constitution of the United States, an	134395
annual tax measured in the case of individuals by Ohio adjusted	134396
gross income less an exemption for the taxpayer, the taxpayer's	134397
spouse, and each dependent as provided in section 5747.025 of the	134398
Revised Code; measured in the case of trusts by modified Ohio	134399
taxable income under division (D) of this section; and measured in	134400
the case of estates by Ohio taxable income. The tax imposed by	134401
this section on the balance thus obtained is hereby levied as	134402
follows:	134403

(1) For taxable years beginning in 2004:

134404

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		134405
OR		134406
MODIFIED OHIO		134407
TAXABLE INCOME (TRUSTS)		134408
OR		134409
OHIO TAXABLE INCOME (ESTATES)	TAX	134410

$5,000 or less	.743%	134411
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	134412
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	134413
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	134414
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	134415
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	134416
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	134417
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	134418
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	134419

(2) For taxable years beginning in 2005:

134420

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		134421
OR		134422
MODIFIED OHIO		134423
TAXABLE INCOME (TRUSTS)		134424
OR		134425
OHIO TAXABLE INCOME (ESTATES)	TAX	134426

$5,000 or less	.712%	134427
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	134428
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	134429
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	134430
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	134431
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	134432
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	134433
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	134434
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	134435

(3) For taxable years beginning in 2006:

134436

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		134437
OR		134438
MODIFIED OHIO		134439
TAXABLE INCOME (TRUSTS)		134440
OR		134441
OHIO TAXABLE INCOME (ESTATES)	TAX	134442

$5,000 or less	.681%	134443
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	134444
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	134445
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	134446
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	134447
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	134448
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	134449
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	134450
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	134451

(4) For taxable years beginning in 2007:

134452

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		134453
OR		134454
MODIFIED OHIO		134455
TAXABLE INCOME (TRUSTS)		134456
OR		134457
OHIO TAXABLE INCOME (ESTATES)	TAX	134458

$5,000 or less	.649%	134459
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	134460
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	134461
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	134462
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	134463
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	134464
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	134465
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	134466
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	134467

(5) For taxable years beginning in 2008, 2009, or 2010:

134468

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		134469
OR		134470
MODIFIED OHIO		134471
TAXABLE INCOME (TRUSTS)		134472
OR		134473
OHIO TAXABLE INCOME (ESTATES)	TAX	134474

$5,000 or less	.618%	134475
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	134476
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	134477
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	134478
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	134479
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	134480
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	134481
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	134482
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	134483

(6) For taxable years beginning in 2011 or thereafter:

134484

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		134485
OR		134486
MODIFIED OHIO		134487
TAXABLE INCOME (TRUSTS)		134488
OR		134489
OHIO TAXABLE INCOME (ESTATES)	TAX	134490

$5,000 or less	.587%	134491
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	134492
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	134493
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	134494
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	134495
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	134496
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	134497
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	134498
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	134499

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	134500
commissioner shall adjust the income amounts prescribed in this	134501
division by multiplying the percentage increase in the gross	134502
domestic product deflator computed that year under section	134503
5747.025 of the Revised Code by each of the income amounts	134504
resulting from the adjustment under this division in the preceding	134505
year, adding the resulting product to the corresponding income	134506
amount resulting from the adjustment in the preceding year, and	134507
rounding the resulting sum to the nearest multiple of fifty	134508
dollars. The tax commissioner also shall recompute each of the tax	134509
dollar amounts to the extent necessary to reflect the adjustment	134510
of the income amounts. The rates of taxation shall not be	134511
adjusted.	134512

The adjusted amounts apply to taxable years beginning in the	134513
calendar year in which the adjustments are made. The tax	134514
commissioner shall not make such adjustments in any year in which	134515
the amount resulting from the adjustment would be less than the	134516
amount resulting from the adjustment in the preceding year.	134517

(B) If the director of budget and management makes a	134518
certification to the tax commissioner under division (B) of	134519
section 131.44 of the Revised Code, the amount of tax as	134520
determined under division (A) of this section shall be reduced by	134521
the percentage prescribed in that certification for taxable years	134522
beginning in the calendar year in which that certification is	134523
made.	134524

(C) The levy of this tax on income does not prevent a	134525
municipal corporation, a joint economic development zone created	134526
under section 715.691, or a joint economic development district	134527
created under section 715.70 or 715.71 or sections 715.72 to	134528
715.81 of the Revised Code from levying a tax on income.	134529

(D) This division applies only to taxable years of a trust	134530
beginning in 2002 or thereafter.	134531

(1) The tax imposed by this section on a trust shall be	134532
computed by multiplying the Ohio modified taxable income of the	134533
trust by the rates prescribed by division (A) of this section.	134534

(2) A resident trust may claim a credit against the tax	134535
computed under division (D) of this section equal to the lesser of	134536
(1) the tax paid to another state or the District of Columbia on	134537
the resident trust's modified nonbusiness income, other than the	134538
portion of the resident trust's nonbusiness income that is	134539
qualifying investment income as defined in section 5747.012 of the	134540
Revised Code, or (2) the effective tax rate, based on modified	134541
Ohio taxable income, multiplied by the resident trust's modified	134542
nonbusiness income other than the portion of the resident trust's	134543
nonbusiness income that is qualifying investment income. The	134544
credit applies before any other applicable credits.	134545

(3) The credits enumerated in divisions (A)(1) to (13) of	134546
section 5747.98 of the Revised Code do not apply to a trust	134547
subject to division (D) of this section. Any credits enumerated in	134548
other divisions of section 5747.98 of the Revised Code apply to a	134549
trust subject to division (D) of this section. To the extent that	134550
the trust distributes income for the taxable year for which a	134551
credit is available to the trust, the credit shall be shared by	134552
the trust and its beneficiaries. The tax commissioner and the	134553
trust shall be guided by applicable regulations of the United	134554
States treasury regarding the sharing of credits.	134555

(E) For the purposes of this section, "trust" means any trust	134556
described in Subchapter J of Chapter 1 of the Internal Revenue	134557
Code, excluding trusts that are not irrevocable as defined in	134558
division (I)(3)(b) of section 5747.01 of the Revised Code and that	134559
have no modified Ohio taxable income for the taxable year,	134560
charitable remainder trusts, qualified funeral trusts and preneed	134561
funeral contract trusts established pursuant to sections 4717.31	134562
to 4717.38 of the Revised Code that are not qualified funeral	134563
trusts, endowment and perpetual care trusts, qualified settlement	134564
trusts and funds, designated settlement trusts and funds, and	134565
trusts exempted from taxation under section 501(a) of the Internal	134566
Revenue Code.	134567

Sec. 5747.022. An individual subject to the tax imposed by	134568
section 5747.02 of the Revised Code may claim a credit equal to	134569
twenty dollars times the number of exemptions allowed for the	134570
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	134571
section 5747.02 of the Revised Code. The credit shall be claimed	134572
in the order required under section 5747.98 of the Revised Code.	134573
The credit shall not be considered in determining the taxes	134574
required to be withheld under section 5747.06 of the Revised Code	134575
or the estimated taxes required to be paid under section 5747.09	134576
of the Revised Code. In the case of an individual with respect to	134577
whom an exemption under section 5747.02 of the Revised Code is	134578
allowable to another taxpayer for a taxable year beginning in the	134579
calendar year in which the individual's taxable year begins, the	134580
"number of exemptions allowed" for purposes of calculating the	134581
credit allowed under this section to such individual for the	134582
individual's taxable year shall not include an exemption for the	134583
individual.	134584

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	134585
division, the personal exemption for the taxpayer and the	134586
taxpayer's spouse shall be seven hundred fifty dollars each for	134587
the taxable year beginning in 1996, eight hundred fifty dollars	134588
each for the taxable year beginning in 1997, nine hundred fifty	134589
dollars each for the taxable year beginning in 1998, and one	134590
thousand fifty dollars each for the taxable year beginning in 1999	134591
and taxable years beginning after 1999. The personal exemption	134592
amount prescribed in this division for taxable years beginning	134593
after 1999 shall be adjusted each year in the manner prescribed in	134594
division (C) of this section. In the case of an individual with	134595
respect to whom an exemption under section 5747.02 of the Revised	134596
Code is allowable to another taxpayer for a taxable year beginning	134597
in the calendar year in which the individual's taxable year	134598
begins, the exemption amount applicable to such individual for	134599
such individual's taxable year shall be zero.	134600

(B) The personal exemption for each dependent shall be eight	134601
hundred fifty dollars for the taxable year beginning in 1996, and	134602
one thousand fifty dollars for the taxable year beginning in 1997	134603
and taxable years beginning after 1997. The personal exemption	134604
amount prescribed in this division for taxable years beginning	134605
after 1999 shall be adjusted each year in the manner prescribed in	134606
division (C) of this section.	134607

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	134608
tax commissioner shall determine the percentage increase in the	134609
gross domestic product deflator determined by the bureau of	134610
economic analysis of the United States department of commerce from	134611
the first day of January of the preceding calendar year to the	134612
last day of December of the preceding year, and adjust the	134613
personal exemption amount for taxable years beginning in the	134614
current calendar year by multiplying that amount by the percentage	134615
increase in the gross domestic product deflator for that period;	134616
adding the resulting product to the personal exemption amount for	134617
taxable years beginning in the preceding calendar year; and	134618
rounding the resulting sum upward to the nearest multiple of fifty	134619
dollars. The commissioner shall not make such an adjustment in any	134620
calendar year in which the amount resulting from the adjustment	134621
would be less than the amount resulting from the adjustment in the	134622
preceding calendar year.	134623

Sec. 5747.08. An annual return with respect to the tax	134624
imposed by section 5747.02 of the Revised Code and each tax	134625
imposed under Chapter 5748. of the Revised Code shall be made by	134626
every taxpayer for any taxable year for which the taxpayer is	134627
liable for the tax imposed by that section or under that chapter,	134628
unless the total credits allowed under divisions (E), (F), and (G)	134629
of section 5747.05 of the Revised Code for the year are equal to	134630
or exceed the tax imposed by section 5747.02 of the Revised Code,	134631
in which case no return shall be required unless the taxpayer is	134632
liable for a tax imposed pursuant to Chapter 5748. of the Revised	134633
Code.	134634

(A) If an individual is deceased, any return or notice	134635
required of that individual under this chapter shall be made and	134636
filed by that decedent's executor, administrator, or other person	134637
charged with the property of that decedent.	134638

(B) If an individual is unable to make a return or notice	134639
required by this chapter, the return or notice required of that	134640
individual shall be made and filed by the individual's duly	134641
authorized agent, guardian, conservator, fiduciary, or other	134642
person charged with the care of the person or property of that	134643
individual.	134644

(C) Returns or notices required of an estate or a trust shall	134645
be made and filed by the fiduciary of the estate or trust.	134646

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	134647
of this section, any pass-through entity may file a single return	134648
on behalf of one or more of the entity's investors other than an	134649
investor that is a person subject to the tax imposed under section	134650
5733.06 of the Revised Code. The single return shall set forth the	134651
name, address, and social security number or other identifying	134652
number of each of those pass-through entity investors and shall	134653
indicate the distributive share of each of those pass-through	134654
entity investor's income taxable in this state in accordance with	134655
sections 5747.20 to 5747.231 of the Revised Code. Such	134656
pass-through entity investors for whom the pass-through entity	134657
elects to file a single return are not entitled to the exemption	134658
or credit provided for by sections 5747.02 and 5747.022 of the	134659
Revised Code; shall calculate the tax before business credits at	134660
the highest rate of tax set forth in section 5747.02 of the	134661
Revised Code for the taxable year for which the return is filed;	134662
and are entitled to only their distributive share of the business	134663
credits as defined in division (D)(2) of this section. A single	134664
check drawn by the pass-through entity shall accompany the return	134665
in full payment of the tax due, as shown on the single return, for	134666
such investors, other than investors who are persons subject to	134667
the tax imposed under section 5733.06 of the Revised Code.	134668

(b)(i) A pass-through entity shall not include in such a	134669
single return any investor that is a trust to the extent that any	134670
direct or indirect current, future, or contingent beneficiary of	134671
the trust is a person subject to the tax imposed under section	134672
5733.06 of the Revised Code.	134673

(ii) A pass-through entity shall not include in such a single	134674
return any investor that is itself a pass-through entity to the	134675
extent that any direct or indirect investor in the second	134676
pass-through entity is a person subject to the tax imposed under	134677
section 5733.06 of the Revised Code.	134678

(c) Nothing in division (D) of this section precludes the tax	134679
commissioner from requiring such investors to file the return and	134680
make the payment of taxes and related interest, penalty, and	134681
interest penalty required by this section or section 5747.02,	134682
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	134683
of this section precludes such an investor from filing the annual	134684
return under this section, utilizing the refundable credit equal	134685
to the investor's proportionate share of the tax paid by the	134686
pass-through entity on behalf of the investor under division (J)	134687
of this section, and making the payment of taxes imposed under	134688
section 5747.02 of the Revised Code. Nothing in division (D) of	134689
this section shall be construed to provide to such an investor or	134690
pass-through entity any additional deduction or credit, other than	134691
the credit provided by division (J) of this section, solely on	134692
account of the entity's filing a return in accordance with this	134693
section. Such a pass-through entity also shall make the filing and	134694
payment of estimated taxes on behalf of the pass-through entity	134695
investors other than an investor that is a person subject to the	134696
tax imposed under section 5733.06 of the Revised Code.	134697

(2) For the purposes of this section, "business credits"	134698
means the credits listed in section 5747.98 of the Revised Code	134699
excluding the following credits:	134700

(a) The retirement credit under division (B) of section	134701
5747.055 of the Revised Code;	134702

(b) The senior citizen credit under division (C) of section	134703
5747.05 of the Revised Code;	134704

(c) The lump sum distribution credit under division (D) of	134705
section 5747.05 of the Revised Code;	134706

(d) The dependent care credit under section 5747.054 of the	134707
Revised Code;	134708

(e) The lump sum retirement income credit under division (C)	134709
of section 5747.055 of the Revised Code;	134710

(f) The lump sum retirement income credit under division (D)	134711
of section 5747.055 of the Revised Code;	134712

(g) The lump sum retirement income credit under division (E)	134713
of section 5747.055 of the Revised Code;	134714

(h) The credit for displaced workers who pay for job training	134715
under section 5747.27 of the Revised Code;	134716

(i) The twenty-dollar personal exemption credit under section	134717
5747.022 of the Revised Code;	134718

(j) The joint filing credit under division (G) of section	134719
5747.05 of the Revised Code;	134720

(k) The nonresident credit under division (A) of section	134721
5747.05 of the Revised Code;	134722

(l) The credit for a resident's out-of-state income under	134723
division (B) of section 5747.05 of the Revised Code;	134724

(m) The low-income credit under section 5747.056 of the	134725
Revised Code.	134726

(3) The election provided for under division (D) of this	134727
section applies only to the taxable year for which the election is	134728
made by the pass-through entity. Unless the tax commissioner	134729
provides otherwise, this election, once made, is binding and	134730
irrevocable for the taxable year for which the election is made.	134731
Nothing in this division shall be construed to provide for any	134732
deduction or credit that would not be allowable if a nonresident	134733
pass-through entity investor were to file an annual return.	134734

(4) If a pass-through entity makes the election provided for	134735
under division (D) of this section, the pass-through entity shall	134736
be liable for any additional taxes, interest, interest penalty, or	134737
penalties imposed by this chapter if the tax commissioner finds	134738
that the single return does not reflect the correct tax due by the	134739
pass-through entity investors covered by that return. Nothing in	134740
this division shall be construed to limit or alter the liability,	134741
if any, imposed on pass-through entity investors for unpaid or	134742
underpaid taxes, interest, interest penalty, or penalties as a	134743
result of the pass-through entity's making the election provided	134744
for under division (D) of this section. For the purposes of	134745
division (D) of this section, "correct tax due" means the tax that	134746
would have been paid by the pass-through entity had the single	134747
return been filed in a manner reflecting the commissioner's	134748
findings. Nothing in division (D) of this section shall be	134749
construed to make or hold a pass-through entity liable for tax	134750
attributable to a pass-through entity investor's income from a	134751
source other than the pass-through entity electing to file the	134752
single return.	134753

(E) If a husband and wife file a joint federal income tax	134754
return for a taxable year, they shall file a joint return under	134755
this section for that taxable year, and their liabilities are	134756
joint and several, but, if the federal income tax liability of	134757
either spouse is determined on a separate federal income tax	134758
return, they shall file separate returns under this section.	134759

If either spouse is not required to file a federal income tax	134760
return and either or both are required to file a return pursuant	134761
to this chapter, they may elect to file separate or joint returns,	134762
and, pursuant to that election, their liabilities are separate or	134763
joint and several. If a husband and wife file separate returns	134764
pursuant to this chapter, each must claim the taxpayer's own	134765
exemption, but not both, as authorized under section 5747.02 of	134766
the Revised Code on the taxpayer's own return.	134767

(F) Each return or notice required to be filed under this	134768
section shall contain the signature of the taxpayer or the	134769
taxpayer's duly authorized agent and of the person who prepared	134770
the return for the taxpayer, and shall include the taxpayer's	134771
social security number. Each return shall be verified by a	134772
declaration under the penalties of perjury. The tax commissioner	134773
shall prescribe the form that the signature and declaration shall	134774
take.	134775

(G) Each return or notice required to be filed under this	134776
section shall be made and filed as required by section 5747.04 of	134777
the Revised Code, on or before the fifteenth day of April of each	134778
year, on forms that the tax commissioner shall prescribe, together	134779
with remittance made payable to the treasurer of state in the	134780
combined amount of the state and all school district income taxes	134781
shown to be due on the form~~, unless the combined amount shown to~~	134782
~~be due is one dollar or less, in which case that amount need not~~	134783
~~be remitted~~.	134784

Upon good cause shown, the commissioner may extend the period	134785
for filing any notice or return required to be filed under this	134786
section and may adopt rules relating to extensions. If the	134787
extension results in an extension of time for the payment of any	134788
state or school district income tax liability with respect to	134789
which the return is filed, the taxpayer shall pay at the time the	134790
tax liability is paid an amount of interest computed at the rate	134791
per annum prescribed by section 5703.47 of the Revised Code on	134792
that liability from the time that payment is due without extension	134793
to the time of actual payment. Except as provided in section	134794
5747.132 of the Revised Code, in addition to all other interest	134795
charges and penalties, all taxes imposed under this chapter or	134796
Chapter 5748. of the Revised Code and remaining unpaid after they	134797
become due, except combined amounts due of one dollar or less,	134798
bear interest at the rate per annum prescribed by section 5703.47	134799
of the Revised Code until paid or until the day an assessment is	134800
issued under section 5747.13 of the Revised Code, whichever occurs	134801
first.	134802

If the commissioner considers it necessary in order to ensure	134803
the payment of the tax imposed by section 5747.02 of the Revised	134804
Code or any tax imposed under Chapter 5748. of the Revised Code,	134805
the commissioner may require returns and payments to be made	134806
otherwise than as provided in this section.	134807

To the extent that any provision in this division conflicts	134808
with any provision in section 5747.026 of the Revised Code, the	134809
provision in that section prevails.	134810

(H) If any report, claim, statement, or other document	134811
required to be filed, or any payment required to be made, within a	134812
prescribed period or on or before a prescribed date under this	134813
chapter is delivered after that period or that date by United	134814
States mail to the agency, officer, or office with which the	134815
report, claim, statement, or other document is required to be	134816
filed, or to which the payment is required to be made, the date of	134817
the postmark stamped on the cover in which the report, claim,	134818
statement, or other document, or payment is mailed shall be deemed	134819
to be the date of delivery or the date of payment.	134820

If a payment is required to be made by electronic funds	134821
transfer pursuant to section 5747.072 of the Revised Code, the	134822
payment is considered to be made when the payment is received by	134823
the treasurer of state or credited to an account designated by the	134824
treasurer of state for the receipt of tax payments.	134825

"The date of the postmark" means, in the event there is more	134826
than one date on the cover, the earliest date imprinted on the	134827
cover by the United States postal service.	134828

(I) The amounts withheld by an employer pursuant to section	134829
5747.06 of the Revised Code, a casino operator pursuant to section	134830
5747.063 of the Revised Code, or a lottery sales agent pursuant to	134831
section 5747.064 of the Revised Code shall be allowed to the	134832
recipient of the compensation casino winnings, or lottery prize	134833
award as credits against payment of the appropriate taxes imposed	134834
on the recipient by section 5747.02 and under Chapter 5748. of the	134835
Revised Code.	134836

(J) If~~, in accordance with division (D) of this section,~~ a	134837
pass-through entity elects to file a single return under division	134838
(D) of this section and if any investor is required to file the	134839
annual return and make the payment of taxes required by this	134840
chapter on account of the investor's other income that is not	134841
included in a single return filed by a pass-through entity or any	134842
other investor elects to file the annual return, the investor is	134843
entitled to a refundable credit equal to the investor's	134844
proportionate share of the tax paid by the pass-through entity on	134845
behalf of the investor. The investor shall claim the credit for	134846
the investor's taxable year in which or with which ends the	134847
taxable year of the pass-through entity. Nothing in this chapter	134848
shall be construed to allow any credit provided in this chapter to	134849
be claimed more than once. For the ~~purposes~~purpose of computing	134850
any interest, penalty, or interest penalty, the investor shall be	134851
deemed to have paid the refundable credit provided by this	134852
division on the day that the pass-through entity paid the	134853
estimated tax or the tax giving rise to the credit.	134854

(K) The tax commissioner shall ensure that each return	134855
required to be filed under this section includes a box that the	134856
taxpayer may check to authorize a paid tax preparer who prepared	134857
the return to communicate with the department of taxation about	134858
matters pertaining to the return. The return or instructions	134859
accompanying the return shall indicate that by checking the box	134860
the taxpayer authorizes the department of taxation to contact the	134861
preparer concerning questions that arise during the processing of	134862
the return and authorizes the preparer only to provide the	134863
department with information that is missing from the return, to	134864
contact the department for information about the processing of the	134865
return or the status of the taxpayer's refund or payments, and to	134866
respond to notices about mathematical errors, offsets, or return	134867
preparation that the taxpayer has received from the department and	134868
has shown to the preparer.	134869

(L) The tax commissioner shall permit individual taxpayers to	134870
instruct the department of taxation to cause any refund of	134871
overpaid taxes to be deposited directly into a checking account,	134872
savings account, or an individual retirement account or individual	134873
retirement annuity, or preexisting college savings plan or program	134874
account offered by the Ohio tuition trust authority under Chapter	134875
3334. of the Revised Code, as designated by the taxpayer, when the	134876
taxpayer files the annual return required by this section	134877
electronically.	134878

(M) The tax commissioner may adopt rules to administer this	134879
section.	134880

Sec. 5747.10. If any of the facts, figures, computations, or	134881
attachments required in a taxpayer's annual return to determine	134882
the tax charged by this chapter or Chapter 5748. of the Revised	134883
Code must be altered as the result of an adjustment to the	134884
taxpayer's federal income tax return, whether initiated by the	134885
taxpayer or the internal revenue service, and such alteration	134886
affects the taxpayer's tax liability under this chapter or Chapter	134887
5748. of the Revised Code, the taxpayer shall file an amended	134888
return with the tax commissioner in such form as the commissioner	134889
requires. The amended return shall be filed not later than sixty	134890
days after the adjustment has been agreed to or finally determined	134891
for federal income tax purposes or any federal income tax	134892
deficiency or refund, or the abatement or credit resulting	134893
therefrom, has been assessed or paid, whichever occurs first.	134894

(A) In the case of an underpayment, the amended return shall	134895
be accompanied by payment of any combined additional tax due	134896
together with interest thereon. ~~If the combined tax shown to be~~	134897
~~due is one dollar or less, such amount need not accompany the~~	134898
~~amended return.~~ An amended return required by this section is a	134899
return subject to assessment under section 5747.13 of the Revised	134900
Code for the purpose of assessing any additional tax due under	134901
this section, together with any applicable penalty and interest.	134902
It shall not reopen those facts, figures, computations, or	134903
attachments from a previously filed return no longer subject to	134904
assessment that are not affected, either directly or indirectly,	134905
by the adjustment to the taxpayer's federal income tax return.	134906

(B) In the case of an overpayment, an application for refund	134907
may be filed under this division within the sixty-day period	134908
prescribed for filing the amended return even if it is filed	134909
beyond the period prescribed in section 5747.11 of the Revised	134910
Code if it otherwise conforms to the requirements of such section.	134911
An application filed under this division shall claim refund of	134912
overpayments resulting from alterations to only those facts,	134913
figures, computations, or attachments required in the taxpayer's	134914
annual return that are affected, either directly or indirectly, by	134915
the adjustment to the taxpayer's federal income tax return unless	134916
it is also filed within the time prescribed in section 5747.11 of	134917
the Revised Code. It shall not reopen those facts, figures,	134918
computations, or attachments that are not affected, either	134919
directly or indirectly, by the adjustment to the taxpayer's	134920
federal income tax return.	134921

Sec. 5747.11. (A) The tax commissioner shall refund to	134922
employers, qualifying entities, or taxpayers~~, with respect to any~~	134923
subject to a tax imposed under section 5733.41, 5747.02, or	134924
5747.41, or Chapter 5748. of the Revised Code:	134925

~~(1) Overpayments of more than one dollar;~~

134926

~~(2) Amounts in excess of one dollar paid illegally or~~	134927
~~erroneously;~~	134928

~~(3) Amounts in excess of one dollar paid on an illegal,~~	134929
~~erroneous, or excessive assessment~~the amount of any overpayment	134930
of such tax.	134931

(B) Except as otherwise provided under divisions (D) and (E)	134932
of this section, applications for refund shall be filed with the	134933
tax commissioner, on the form prescribed by the commissioner,	134934
within four years from the date of the illegal, erroneous, or	134935
excessive payment of the tax, or within any additional period	134936
allowed by division (B)(3)(b) of section 5747.05, division (B) of	134937
section 5747.10, division (A) of section 5747.13, or division (C)	134938
of section 5747.45 of the Revised Code.	134939

On filing of the refund application, the commissioner shall	134940
determine the amount of refund due and, if that amount exceeds one	134941
dollar, certify such amount to the director of budget and	134942
management and treasurer of state for payment from the tax refund	134943
fund created by section 5703.052 of the Revised Code. Payment	134944
shall be made as provided in division (C) of section 126.35 of the	134945
Revised Code.	134946

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	134947
~~erroneous assessment in excess of one dollar in respect of the tax~~	134948
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	134949
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	134950
~~Code from the date of the payment of the illegal or erroneous~~	134951
~~assessment until the date the refund of such amount is paid. If~~	134952
~~such refund results from the filing of a return or report, or the~~	134953
~~payment accompanying such return or report, by an employer or~~	134954
~~taxpayer, rather than from an assessment by the commissioner, such~~	134955
~~interest shall run from a period ninety days after the final~~	134956
~~filing date of the annual return until the date the refund is~~	134957
~~paid.~~	134958

~~(2)~~ Interest shall be allowed and paid at the rate per annum	134959
prescribed by section 5703.47 of the Revised Code ~~upon any~~	134960
~~overpayment in excess of one dollar in respect of~~on amounts	134961
refunded with respect to the tax imposed under section 5747.02 or	134962
Chapter 5748. of the Revised Code from the date of the overpayment	134963
until the date of the refund of the overpayment, except that if	134964
any overpayment is refunded within ninety days after the final	134965
filing date of the annual return or ninety days after the return	134966
is filed, whichever is later, no interest shall be allowed on such	134967
overpayment. If the overpayment results from the carryback of a	134968
net operating loss or net capital loss to a previous taxable year,	134969
the overpayment is deemed not to have been made prior to the	134970
filing date, including any extension thereof, for the taxable year	134971
in which the net operating loss or net capital loss arises. For	134972
purposes of the payment of interest on overpayments, no amount of	134973
tax, for any taxable year, shall be treated as having been paid	134974
before the date on which the tax return for that year was due	134975
without regard to any extension of time for filing such return.	134976

~~(3)~~(2) Interest shall be allowed at the rate per annum	134977
prescribed by section 5703.47 of the Revised Code on amounts	134978
refunded with respect to the taxes imposed under sections 5733.41	134979
and 5747.41 of the Revised Code. The interest shall run from	134980
whichever of the following days is the latest until the day the	134981
refund is paid: the day the illegal, erroneous, or excessive	134982
payment was made; the ninetieth day after the final day the annual	134983
report was required to be filed under section 5747.42 of the	134984
Revised Code; or the ninetieth day after the day that report was	134985
filed.	134986

(D) "Ninety days" shall be substituted for "four years" in	134987
division (B) of this section if the taxpayer satisfies both of the	134988
following conditions:	134989

(1) The taxpayer has applied for a refund based in whole or	134990
in part upon section 5747.059 of the Revised Code;	134991

(2) The taxpayer asserts that either the imposition or	134992
collection of the tax imposed or charged by this chapter or any	134993
portion of such tax violates the Constitution of the United States	134994
or the Constitution of Ohio.	134995

(E)(1) Division (E)(2) of this section applies only if all of	134996
the following conditions are satisfied:	134997

(a) A qualifying entity pays an amount of the tax imposed by	134998
section 5733.41 or 5747.41 of the Revised Code;	134999

(b) The taxpayer is a qualifying investor as to that	135000
qualifying entity;	135001

(c) The taxpayer did not claim the credit provided for in	135002
section 5747.059 of the Revised Code as to the tax described in	135003
division (E)(1)(a) of this section;	135004

(d) The four-year period described in division (B) of this	135005
section has ended as to the taxable year for which the taxpayer	135006
otherwise would have claimed that credit.	135007

(2) A taxpayer shall file an application for refund pursuant	135008
to division (E) of this section within one year after the date the	135009
payment described in division (E)(1)(a) of this section is made.	135010
An application filed under division (E)(2) of this section shall	135011
claim refund only of overpayments resulting from the taxpayer's	135012
failure to claim the credit described in division (E)(1)(c) of	135013
this section. Nothing in division (E) of this section shall be	135014
construed to relieve a taxpayer from complying with division	135015
(A)(16) of section 5747.01 of the Revised Code.	135016

Sec. 5747.113. (A) Any taxpayer claiming a refund under	135017
section 5747.11 of the Revised Code who wishes to contribute any	135018
part of the taxpayer's refund to the natural areas and preserves	135019
fund created in section 1517.11 of the Revised Code, the nongame	135020
and endangered wildlife fund created in section 1531.26 of the	135021
Revised Code, the military injury relief fund created in section	135022
5101.98 of the Revised Code, the Ohio historical society income	135023
tax contribution fund created in section 149.308 of the Revised	135024
Code, or all of those funds may designate on the taxpayer's income	135025
tax return the amount that the taxpayer wishes to contribute to	135026
the fund or funds. A designated contribution is irrevocable upon	135027
the filing of the return and shall be made in the full amount	135028
designated if the refund found due the taxpayer upon the initial	135029
processing of the taxpayer's return, after any deductions	135030
including those required by section 5747.12 of the Revised Code,	135031
is greater than or equal to the designated contribution. If the	135032
refund due as initially determined is less than the designated	135033
contribution, the contribution shall be made in the full amount of	135034
the refund. The tax commissioner shall subtract the amount of the	135035
contribution from the amount of the refund initially found due the	135036
taxpayer and shall certify the difference to the director of	135037
budget and management and treasurer of state for payment to the	135038
taxpayer in accordance with section 5747.11 of the Revised Code.	135039
For the purpose of any subsequent determination of the taxpayer's	135040
net tax payment, the contribution shall be considered a part of	135041
the refund paid to the taxpayer.	135042

(B) The tax commissioner shall provide a space on the income	135043
tax return form in which a taxpayer may indicate that the taxpayer	135044
wishes to make a donation in accordance with this section. The tax	135045
commissioner shall also print in the instructions accompanying the	135046
income tax return form a description of the purposes for which the	135047
natural areas and preserves fund, the nongame and endangered	135048
wildlife fund, the military injury relief fund, and the Ohio	135049
historical society income tax contribution fund were created and	135050
the use of moneys from the income tax refund contribution system	135051
established in this section. No person shall designate on the	135052
person's income tax return any part of a refund claimed under	135053
section 5747.11 of the Revised Code as a contribution to any fund	135054
other than the natural areas and preserves fund, the nongame and	135055
endangered wildlife fund, the military injury relief fund, or the	135056
Ohio historical society income tax contribution fund.	135057

(C) The money collected under the income tax refund	135058
contribution system established in this section shall be deposited	135059
by the tax commissioner into the natural areas and preserves fund,	135060
the nongame and endangered wildlife fund, the military injury	135061
relief fund, and the Ohio historical society income tax	135062
contribution fund in the amounts designated on the tax returns.	135063

(D) No later than the thirtieth day of September each year,	135064
the tax commissioner shall determine the total amount contributed	135065
to each fund under this section during the preceding eight months,	135066
any adjustments to prior months, and the cost to the department of	135067
taxation of administering the income tax refund contribution	135068
system during that eight-month period. The commissioner shall make	135069
an additional determination no later than the thirty-first day of	135070
January of each year of the total amount contributed to each fund	135071
under this section during the preceding four calendar months, any	135072
adjustments to prior years made during that four-month period, and	135073
the cost to the department of taxation of administering the income	135074
tax contribution system during that period. The cost of	135075
administering the income tax contribution system shall be	135076
certified by the tax commissioner to the director of budget and	135077
management, who shall transfer an amount equal to one-fourth of	135078
such administrative costs from the natural areas and preserves	135079
fund, one-fourth of such costs from the nongame and endangered	135080
wildlife fund, one-fourth of such costs from the military injury	135081
relief fund, and one-fourth of such costs from the Ohio historical	135082
society income tax contribution fund to the ~~litter control and~~	135083
~~natural resource~~income tax ~~administration~~contribution fund,	135084
which is hereby created, provided that the moneys that the	135085
department receives to pay the cost of administering the income	135086
tax refund contribution system in any year shall not exceed two	135087
and one-half per cent of the total amount contributed under that	135088
system during that year.	135089

(E)(1) The director of natural resources, in January of every	135090
odd-numbered year, shall report to the general assembly on the	135091
effectiveness of the income tax refund contribution system as it	135092
pertains to the natural areas and preserves fund and the nongame	135093
and endangered wildlife fund. The report shall include the amount	135094
of money contributed to each fund in each of the previous five	135095
years, the amount of money contributed directly to each fund in	135096
addition to or independently of the income tax refund contribution	135097
system in each of the previous five years, and the purposes for	135098
which the money was expended.	135099

(2) The director of job and family services and the director	135100
of the Ohio historical society, in January of every odd-numbered	135101
year, each shall report to the general assembly on the	135102
effectiveness of the income tax refund contribution system as it	135103
pertains to the military injury relief fund and the Ohio	135104
historical society income tax contribution fund, respectively. The	135105
report shall include the amount of money contributed to the fund	135106
in each of the previous five years, the amount of money	135107
contributed directly to the fund in addition to or independently	135108
of the income tax refund contribution system in each of the	135109
previous five years, and the purposes for which the money was	135110
expended.	135111

Sec. 5747.122. (A) The tax commissioner, in accordance with	135112
section 5101.184 of the Revised Code, shall cooperate with the	135113
director of job and family services to collect overpayments of	135114
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	135115
5113., or section 5101.54 of the Revised Code from refunds of	135116
state income taxes for taxable year 1992 and thereafter that are	135117
payable to the recipients of such overpayments.	135118

(B) At the request of the department of job and family	135119
services in connection with the collection of an overpayment of	135120
assistance from a refund of state income taxes pursuant to this	135121
section and section 5101.184 of the Revised Code, the tax	135122
commissioner shall release to the department the home address and	135123
social security number of any recipient of assistance whose	135124
overpayment may be collected from a refund of state income taxes	135125
under those sections.	135126

(C) In the case of a joint income tax return for two people	135127
who were not married to each other at the time one of them	135128
received an overpayment of assistance, only the portion of a	135129
refund that is due to the recipient of the overpayment shall be	135130
available for collection of the overpayment under this section and	135131
section 5101.184 of the Revised Code. The tax commissioner shall	135132
determine such portion. A recipient's spouse who objects to the	135133
portion as determined by the commissioner may file a complaint	135134
with the commissioner within twenty-one days after receiving	135135
notice of the collection, and the commissioner shall afford the	135136
spouse an opportunity to be heard on the complaint. The	135137
commissioner shall waive or extend the twenty-one-day period if	135138
the recipient's spouse establishes that such action is necessary	135139
to avoid unjust, unfair, or unreasonable results. After the	135140
hearing, the commissioner shall make a final determination of the	135141
portion of the refund available for collection of the overpayment.	135142

(D) The welfare overpayment intercept fund is hereby created	135143
in the state treasury. The tax commissioner shall deposit amounts	135144
collected from income tax refunds under this section to the credit	135145
of the welfare overpayment intercept fund. The director of job and	135146
family services shall distribute money in the fund in accordance	135147
with appropriate federal or state laws and procedures regarding	135148
collection of welfare overpayments.	135149

Sec. 5747.13. (A) If any employer collects the tax imposed	135150
by section 5747.02 or under Chapter 5748. of the Revised Code and	135151
fails to remit the tax as required by law, or fails to collect the	135152
tax, the employer is personally liable for any amount collected	135153
that the employer fails to remit, or any amount that the employer	135154
fails to collect. If any taxpayer fails to file a return or fails	135155
to pay the tax imposed by section 5747.02 or under Chapter 5748.	135156
of the Revised Code, the taxpayer is personally liable for the	135157
amount of the tax.	135158

If any employer, taxpayer, or qualifying entity required to	135159
file a return under this chapter fails to file the return within	135160
the time prescribed, files an incorrect return, fails to remit the	135161
full amount of the taxes due for the period covered by the return,	135162
or fails to remit any additional tax due as a result of a	135163
reduction in the amount of the credit allowed under division (B)	135164
of section 5747.05 of the Revised Code together with interest on	135165
the additional tax within the time prescribed by that division,	135166
the tax commissioner may make an assessment against any person	135167
liable for any deficiency for the period for which the return is	135168
or taxes are due, based upon any information in the commissioner's	135169
possession.	135170

An assessment issued against either the employer or the	135171
taxpayer pursuant to this section shall not be considered an	135172
election of remedies or a bar to an assessment against the other	135173
for failure to report or pay the same tax. No assessment shall be	135174
issued against any person if the tax actually has been paid by	135175
another.	135176

No assessment shall be made or issued against an employer,	135177
taxpayer, or qualifying entity more than four years after the	135178
final date the return subject to assessment was required to be	135179
filed or the date the return was filed, whichever is later.	135180
However, the commissioner may assess any balance due as the result	135181
of a reduction in the credit allowed under division (B) of section	135182
5747.05 of the Revised Code, including applicable penalty and	135183
interest, within four years of the date on which the taxpayer	135184
reports a change in either the portion of the taxpayer's adjusted	135185
gross income subjected to an income tax or tax measured by income	135186
in another state or the District of Columbia, or the amount of	135187
liability for an income tax or tax measured by income to another	135188
state or the District of Columbia, as required by division (B)(3)	135189
of section 5747.05 of the Revised Code. Such time limits may be	135190
extended if both the employer, taxpayer, or qualifying entity and	135191
the commissioner consent in writing to the extension or if an	135192
agreement waiving or extending the time limits has been entered	135193
into pursuant to section 122.171 of the Revised Code. Any such	135194
extension shall extend the four-year time limit in division (B) of	135195
section 5747.11 of the Revised Code for the same period of time.	135196
There shall be no bar or limit to an assessment against an	135197
employer for taxes withheld from employees and not remitted to the	135198
state, against an employer, taxpayer, or qualifying entity that	135199
fails to file a return subject to assessment as required by this	135200
chapter, or against an employer, taxpayer, or qualifying entity	135201
that files a fraudulent return.	135202

The commissioner shall give the party assessed written notice	135203
of the assessment in the manner provided in section 5703.37 of the	135204
Revised Code. With the notice, the commissioner shall provide	135205
instructions on how to petition for reassessment and request a	135206
hearing on the petition.	135207

(B) Unless the party assessed files with the tax commissioner	135208
within sixty days after service of the notice of assessment,	135209
either personally or by certified mail, a written petition for	135210
reassessment, signed by the party assessed or that party's	135211
authorized agent having knowledge of the facts, the assessment	135212
becomes final, and the amount of the assessment is due and payable	135213
from the party assessed to the commissioner with remittance made	135214
payable to the treasurer of state. The petition shall indicate the	135215
objections of the party assessed, but additional objections may be	135216
raised in writing if received by the commissioner prior to the	135217
date shown on the final determination. If the petition has been	135218
properly filed, the commissioner shall proceed under section	135219
5703.60 of the Revised Code.	135220

(C) After an assessment becomes final, if any portion of the	135221
assessment remains unpaid, including accrued interest, a certified	135222
copy of the tax commissioner's entry making the assessment final	135223
may be filed in the office of the clerk of the court of common	135224
pleas in the county in which the employer's, taxpayer's, or	135225
qualifying entity's place of business is located or the county in	135226
which the party assessed resides. If the party assessed is not a	135227
resident of this state, the certified copy of the entry may be	135228
filed in the office of the clerk of the court of common pleas of	135229
Franklin county.	135230

Immediately upon the filing of the entry, the clerk shall	135231
enter a judgment against the party assessed in the amount shown on	135232
the entry. The judgment shall be filed by the clerk in one of two	135233
loose-leaf books, one entitled "special judgments for state and	135234
school district income taxes," and the other entitled "special	135235
judgments for qualifying entity taxes." The judgment shall have	135236
the same effect as other judgments. Execution shall issue upon the	135237
judgment upon the request of the tax commissioner, and all laws	135238
applicable to sales on execution shall apply to sales made under	135239
the judgment.	135240

~~The portion of~~If the assessment is not paid in its entirety	135241
within sixty days after the assessment was issued, the portion of	135242
the assessment consisting of tax due shall bear interest at the	135243
rate per annum prescribed by section 5703.47 of the Revised Code	135244
from the day the tax commissioner issues the assessment until it	135245
is paid or until it is certified to the attorney general for	135246
collection under section 131.02 of the Revised Code, whichever	135247
comes first. If the unpaid portion of the assessment is certified	135248
to the attorney general for collection, the entire unpaid portion	135249
of the assessment shall bear interest at the rate per annum	135250
prescribed by section 5703.47 of the Revised Code from the date of	135251
certification until the date it is paid in its entirety. Interest	135252
shall be paid in the same manner as the tax and may be collected	135253
by the issuance of an assessment under this section.	135254

(D) All money collected under this section shall be	135255
considered as revenue arising from the taxes imposed by this	135256
chapter or Chapter 5733. or 5748. of the Revised Code, as	135257
appropriate.	135258

(E) If the party assessed files a petition for reassessment	135259
under division (B) of this section, the person, on or before the	135260
last day the petition may be filed, shall pay the assessed amount,	135261
including assessed interest and assessed penalties, if any of the	135262
following conditions exists:	135263

(1) The person files a tax return reporting Ohio adjusted	135264
gross income, less the exemptions allowed by section 5747.025 of	135265
the Revised Code, in an amount less than one cent, and the	135266
reported amount is not based on the computations required under	135267
division (A) of section 5747.01 or section 5747.025 of the Revised	135268
Code.	135269

(2) The person files a tax return that the tax commissioner	135270
determines to be incomplete, false, fraudulent, or frivolous.	135271

(3) The person fails to file a tax return, and the basis for	135272
this failure is not either of the following:	135273

(a) An assertion that the person has no nexus with this	135274
state;	135275

(b) The computations required under division (A) of section	135276
5747.01 of the Revised Code or the application of credits allowed	135277
under this chapter has the result that the person's tax liability	135278
is less than one dollar and one cent.	135279

(F) Notwithstanding the fact that a petition for reassessment	135280
is pending, the petitioner may pay all or a portion of the	135281
assessment that is the subject of the petition. The acceptance of	135282
a payment by the treasurer of state does not prejudice any claim	135283
for refund upon final determination of the petition.	135284

If upon final determination of the petition an error in the	135285
assessment is corrected by the tax commissioner, upon petition so	135286
filed or pursuant to a decision of the board of tax appeals or any	135287
court to which the determination or decision has been appealed, so	135288
that the amount due from the party assessed under the corrected	135289
assessment is less than the portion paid, there shall be issued to	135290
the petitioner or to the petitioner's assigns or legal	135291
representative a refund in the amount of the overpayment as	135292
provided by section 5747.11 of the Revised Code, with interest on	135293
that amount as provided by such section, subject to section	135294
5747.12 of the Revised Code.	135295

Sec. 5747.21. (A) This section applies solely for the	135296
purposes of computing the credit allowed under division (A) of	135297
section 5747.05 of the Revised Code, computing income taxable in	135298
this state under division (D) of section 5747.08 of the Revised	135299
Code, computing the deduction under division (A)(32) of section	135300
5747.01 of the Revised Code, and computing the credit allowed	135301
under section 5747.057 of the Revised Code.	135302

(B) Except as otherwise provided under ~~sections 5747.211 and~~	135303
section 5747.212 of the Revised Code, all items of business income	135304
and business deduction shall be apportioned to this state by	135305
multiplying the adjusted gross income by the fraction calculated	135306
under division (B)(2) of section 5733.05 and section 5733.057 of	135307
the Revised Code as if the taxpayer's business were a corporation	135308
subject to the tax imposed by section 5733.06 of the Revised Code.	135309

(C) If the allocation and apportionment provisions of	135310
sections 5747.20 to 5747.23 of the Revised Code or of any rule	135311
adopted by the tax commissioner, do not fairly represent the	135312
extent of business activity in this state of a taxpayer or	135313
pass-through entity, the taxpayer or pass-through entity may	135314
request, which request must be in writing accompanying ~~the~~a	135315
timely filed return or timely filed amended return, or the tax	135316
commissioner may require, in respect of all or any part of the	135317
business activity, if reasonable, any one or more of the	135318
following:	135319

(1) Separate accounting;

135320

(2) The exclusion of one or more factors;

135321

(3) The inclusion of one or more additional factors which	135322
will fairly represent the business activity in this state;	135323

(4) The employment of any other method to effectuate an	135324
equitable allocation and apportionment of such business in this	135325
state. An alternative method will be effective only with approval	135326
of the tax commissioner.	135327

The tax commissioner may adopt rules in the manner provided	135328
by sections 5703.14 and 5747.18 of the Revised Code providing for	135329
alternative methods of calculating business income and nonbusiness	135330
income applicable to all taxpayers and pass-through entities, to	135331
classes of taxpayers and pass-through entities, or only to	135332
taxpayers and pass-through entities within a certain industry.	135333

Sec. 5747.22. (A) This section applies solely for the	135334
purposes of computing the credit allowed under division (A) of	135335
section 5747.05 ~~of the Revised Code and~~, computing income taxable	135336
in this state under division (D) of section 5747.08, and computing	135337
the deduction under division (A)(32) of section 5747.01 of the	135338
Revised Code.	135339

(B) With respect to a pass-through entity, one or more of the	135340
pass-through entity investors of which are liable for the tax	135341
imposed by section 5747.02 of the Revised Code, the business	135342
income and deductions included in the adjusted gross income of the	135343
pass-through entity shall be apportioned to this state in the	135344
hands of the pass-through entity investors pursuant to section	135345
5747.21 of the Revised Code. The business income and deductions as	135346
thus apportioned to this state then shall be allocated to the	135347
pass-through entity investors in proportion to their right to	135348
share in that business income.	135349

(C) With respect to a pass-through entity described in	135350
division (B) of this section, the nonbusiness income and	135351
deductions included in the adjusted gross income of the	135352
pass-through entity shall be allocated to the pass-through entity	135353
investors in proportion to their right to share in the nonbusiness	135354
income, and then the pass-through entity shares shall be allocated	135355
to this state in the hands of each pass-through entity investor	135356
pursuant to section 5747.20 of the Revised Code.	135357

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	135358
July of each year, the tax commissioner shall estimate and certify	135359
the following for each county to its county auditor:	135360

(a) Its guaranteed share of the ensuing year's fund balance;

135361

(b) Its share of the excess of the ensuing year's fund	135362
balance;	135363

135364

(2) In December and in June following such estimations and	135365
certifications, the commissioner shall revise such estimates and	135366
certify such revised estimates to the respective county auditors.	135367

(B) By the tenth day of each month the commissioner shall	135368
distribute the amount credited to the public library fund in the	135369
current month under section 131.51 of the Revised Code. The	135370
distributions shall be made as follows:	135371

(1) During the first six months of each year, each county	135372
shall be paid a percentage of the balance that is the same per	135373
cent that the revised estimate of the county's total entitlement	135374
certified in December under division (A)(2) of this section is of	135375
the sum of such revised estimates of the total entitlements for	135376
all counties.	135377

(2) During the last six months, each county shall be paid a	135378
percentage of the balance that is the same per cent that the	135379
revised estimate of the county's total entitlement certified in	135380
June under division (A)(2) of this section is of the sum of such	135381
revised estimates of the total entitlements for all counties.	135382

(3) During each of the first six months of each year, the	135383
payments made to each county shall be adjusted as follows:	135384

(a) If the county received an overpayment during the	135385
preceding distribution year, reduce the sum of the payments by the	135386
amount of such overpayment. The reduction shall be apportioned	135387
over the six months.	135388

(b) If the county received an underpayment during the	135389
preceding distribution year, increase the sum of the payments by	135390
the amount of such underpayment. The increase shall be apportioned	135391
over the six months.	135392

(C) By the twentieth day of December of each year, the tax	135393
commissioner shall determine and certify to the auditor of each	135394
county each of the following with respect to the current	135395
distribution year:	135396

(1) The year's fund balance;

135397

(2) Each county's guaranteed share;

135398

(3) Each county's share of the excess;

135399

(4) Each county's total entitlement;

135400

(5) Each county's net distribution;

135401

(6) The amount by which each county's net distribution	135402
exceeded or was less than its total entitlement, which amount	135403
shall constitute the county's overpayment or underpayment for	135404
purposes of division (B)(3) of this section in the ensuing	135405
distribution year.	135406

Sec. 5747.501. (A) On or before the twenty-fifth day of July	135407
of each year, the tax commissioner shall estimate and certify to	135408
each county auditor the amount to be distributed from the local	135409
government fund to each undivided local government fund during the	135410
following calendar year under section 5747.50 of the Revised Code.	135411
The estimate shall equal the sum of the separate amounts computed	135412
under divisions (B)(1) and (2) of this section.	135413

(B)(1) The product obtained by multiplying the percentage	135414
described in division (B)(1)(a) of this section by the amount	135415
described in division (B)(1)(b) of this section.	135416

(a) Each county's proportionate share of the total amount	135417
distributed to the counties from the local government fund and the	135418
local government revenue assistance fund during calendar year	135419
2007. In fiscal year 2014 and thereafter, the amount distributed	135420
to any county undivided local government fund shall be an amount	135421
not less than seven hundred fifty thousand dollars or the amount	135422
distributed to such fund in fiscal year 2013, whichever amount is	135423
smaller. To the extent necessary to implement this minimum	135424
distribution requirement, the proportionate shares computed under	135425
this division shall be adjusted accordingly.	135426

(b) The total amount distributed to counties from the local	135427
government fund and the local government revenue assistance fund	135428
during calendar year 2007 adjusted downward if, and to the extent	135429
that, total local government fund distributions to counties for	135430
the following year are projected to be less than what was	135431
distributed to counties from the local government fund and local	135432
government revenue assistance fund during calendar year 2007.	135433

(2) The product obtained by multiplying the percentage	135434
described in division (B)(2)(a) of this section by the amount	135435
described in division (B)(2)(b) of this section.	135436

(a) Each county's proportionate share of the state's	135437
population as reflected in the most recent federal decennial	135438
census or the federal government's most recent census estimates,	135439
whichever represents the most recent year.	135440

(b) The amount by which total estimated distributions from	135441
the local government fund during the immediately succeeding	135442
calendar year, less the total estimated amount to be distributed	135443
from the fund to municipal corporations under division (C) of	135444
section 5747.50 of the Revised Code during the immediately	135445
succeeding calendar year, exceed the total amount distributed to	135446
counties from the local government fund and local government	135447
revenue assistance fund during calendar year 2007.	135448

Sec. 5747.76. (A) As used in this section, "certificate	135449
owner" has the same meaning as in section 149.311 of the Revised	135450
Code.	135451

(B) There is allowed a credit against the tax imposed under	135452
section 5747.02 of the Revised Code for a taxpayer that is the	135453
certificate owner of a rehabilitation tax credit certificate	135454
issued under section 149.311 of the Revised Code. The credit shall	135455
equal twenty-five per cent of the dollar amount indicated on the	135456
certificate, but the amount of credit allowed for any taxpayer	135457
shall not exceed ~~five~~ten million dollars. The credit shall be	135458
claimed for the taxable year specified in the certificate and in	135459
the order required under section 5747.98 of the Revised Code.	135460

(C) Nothing in this section limits or disallows pass-through	135461
treatment of the credit if the certificate owner is a pass-through	135462
entity. If the certificate owner is a pass-through entity, the	135463
amount of the credit allowed for the pass-through entity shall not	135464
exceed five million dollars. If the certificate owner is a	135465
pass-through entity, the credit may be allocated among the	135466
entity's equity owners in proportion to their ownership interests	135467
or in such proportions or amounts as the equity owners mutually	135468
agree.	135469

(D) If the credit allowed for any taxable year exceeds the	135470
tax otherwise due under section 5747.02 of the Revised Code, after	135471
allowing for any other credits preceding the credit in the order	135472
prescribed by section 5747.98 of the Revised Code, the excess	135473
shall be refunded to the taxpayer but, if any amount of the credit	135474
is refunded, the sum of the amount refunded and the amount applied	135475
to reduce the tax otherwise due for that year shall not exceed	135476
three million dollars or, if the certificate owner is a	135477
pass-through entity, shall not exceed the taxpayer's distributive	135478
or proportionate share, as allocated under division (C) of this	135479
section, of three million dollars. The taxpayer may carry forward	135480
any balance of the credit in excess of the amount claimed for that	135481
year for not more than five ensuing taxable years, and shall	135482
deduct any amount claimed for any such year from the amount	135483
claimed in an ensuing year.	135484

(E) A taxpayer claiming a credit under this section shall	135485
retain the rehabilitation tax credit certificate for four years	135486
following the end of the taxable year to which the credit was	135487
applied, and shall make the certificate available for inspection	135488
by the tax commissioner upon the request of the tax commissioner	135489
during that period.	135490

Sec. 5747.98. (A) To provide a uniform procedure for	135491
calculating the amount of tax due under section 5747.02 of the	135492
Revised Code, a taxpayer shall claim any credits to which the	135493
taxpayer is entitled in the following order:	135494

(1) The retirement income credit under division (B) of	135495
section 5747.055 of the Revised Code;	135496

(2) The senior citizen credit under division (C) of section	135497
5747.05 of the Revised Code;	135498

(3) The lump sum distribution credit under division (D) of	135499
section 5747.05 of the Revised Code;	135500

(4) The dependent care credit under section 5747.054 of the	135501
Revised Code;	135502

(5) The lump sum retirement income credit under division (C)	135503
of section 5747.055 of the Revised Code;	135504

(6) The lump sum retirement income credit under division (D)	135505
of section 5747.055 of the Revised Code;	135506

(7) The lump sum retirement income credit under division (E)	135507
of section 5747.055 of the Revised Code;	135508

(8) The low-income credit under section 5747.056 of the	135509
Revised Code;	135510

(9) The credit for displaced workers who pay for job training	135511
under section 5747.27 of the Revised Code;	135512

(10) The campaign contribution credit under section 5747.29	135513
of the Revised Code;	135514

(11) The twenty-dollar personal exemption credit under	135515
section 5747.022 of the Revised Code;	135516

(12) The joint filing credit under division (G) of section	135517
5747.05 of the Revised Code;	135518

(13) The nonresident credit under division (A) of section	135519
5747.05 of the Revised Code;	135520

(14) The credit for a resident's out-of-state income under	135521
division (B) of section 5747.05 of the Revised Code;	135522

(15) The credit for employers that enter into agreements with	135523
child day-care centers under section 5747.34 of the Revised Code;	135524

(16) The credit for employers that reimburse employee child	135525
care expenses under section 5747.36 of the Revised Code;	135526

(17) The credit for adoption of a minor child under section	135527
5747.37 of the Revised Code;	135528

(18) The credit for purchases of lights and reflectors under	135529
section 5747.38 of the Revised Code;	135530

(19) The nonrefundable job retention credit under division	135531
(B) of section 5747.058 of the Revised Code;	135532

(20) The credit for selling alternative fuel under section	135533
5747.77 of the Revised Code;	135534

(21) The second credit for purchases of new manufacturing	135535
machinery and equipment and the credit for using Ohio coal under	135536
section 5747.31 of the Revised Code;	135537

(22) The job training credit under section 5747.39 of the	135538
Revised Code;	135539

(23) The enterprise zone credit under section 5709.66 of the	135540
Revised Code;	135541

(24) The credit for the eligible costs associated with a	135542
voluntary action under section 5747.32 of the Revised Code;	135543

(25) The credit for employers that establish on-site child	135544
day-care centers under section 5747.35 of the Revised Code;	135545

(26) The ethanol plant investment credit under section	135546
5747.75 of the Revised Code;	135547

(27) The credit for purchases of qualifying grape production	135548
property under section 5747.28 of the Revised Code;	135549

(28) The small business investment credit under section	135550
5747.81 of the Revised Code;	135551

(29) ~~The credit for research and development and technology~~	135552
~~transfer investors under section 5747.33 of the Revised Code;~~	135553

~~(30)~~ The enterprise zone credits under section 5709.65 of the	135554
Revised Code;	135555

~~(31)~~(30) The research and development credit under section	135556
5747.331 of the Revised Code;	135557

~~(32)~~(31) The credit for rehabilitating a historic building	135558
under section 5747.76 of the Revised Code;	135559

~~(33)~~(32) The refundable credit for rehabilitating a historic	135560
building under section 5747.76 of the Revised Code;	135561

~~(34)~~(33) The refundable jobs creation credit or job retention	135562
credit under division (A) of section 5747.058 of the Revised Code;	135563

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	135564
entity granted under section 5747.059 of the Revised Code;	135565

~~(36)~~(35) The refundable credits for taxes paid by a	135566
qualifying pass-through entity granted under division (J) of	135567
section 5747.08 of the Revised Code;	135568

~~(37)~~(36) The refundable credit under section 5747.80 of the	135569
Revised Code for losses on loans made to the Ohio venture capital	135570
program under sections 150.01 to 150.10 of the Revised Code;	135571

~~(38)~~(37) The refundable motion picture production credit	135572
under section 5747.66 of the Revised Code.	135573

~~(39)~~(38) The refundable credit for financial institution	135574
taxes paid by a pass-through entity granted under section 5747.65	135575
of the Revised Code.	135576

(B) For any credit, except the refundable credits enumerated	135577
in this section and the credit granted under division (I) of	135578
section 5747.08 of the Revised Code, the amount of the credit for	135579
a taxable year shall not exceed the tax due after allowing for any	135580
other credit that precedes it in the order required under this	135581
section. Any excess amount of a particular credit may be carried	135582
forward if authorized under the section creating that credit.	135583
Nothing in this chapter shall be construed to allow a taxpayer to	135584
claim, directly or indirectly, a credit more than once for a	135585
taxable year.	135586

Sec. 5748.01. As used in this chapter:

135587

(A) "School district income tax" means an income tax adopted	135588
under one of the following:	135589

(1) Former section 5748.03 of the Revised Code as it existed	135590
prior to its repeal by Amended Substitute House Bill No. 291 of	135591
the 115th general assembly;	135592

(2) Section 5748.03 of the Revised Code as enacted in	135593
Substitute Senate Bill No. 28 of the 118th general assembly;	135594

(3) Section 5748.08 of the Revised Code as enacted in Amended	135595
Substitute Senate Bill No. 17 of the 122nd general assembly;	135596

(4) Section 5748.021 of the Revised Code;

135597

(5) Section 5748.081 of the Revised Code;

135598

(6) Section 5748.09 of the Revised Code.

135599

(B) "Individual" means an individual subject to the tax	135600
levied by section 5747.02 of the Revised Code.	135601

(C) "Estate" means an estate subject to the tax levied by	135602
section 5747.02 of the Revised Code.	135603

(D) "Taxable year" means a taxable year as defined in	135604
division (M) of section 5747.01 of the Revised Code.	135605

(E) "Taxable income" means:

135606

(1) In the case of an individual, one of the following, as	135607
specified in the resolution imposing the tax:	135608

(a) Ohio adjusted gross income for the taxable year as	135609
defined in division (A) of section 5747.01 of the Revised Code,	135610
less the exemptions provided by section 5747.02 of the Revised	135611
Code, plus any amount deducted under division (A)(32) of section	135612
5747.01 of the Revised Code for the taxable year;	135613

(b) Wages, salaries, tips, and other employee compensation to	135614
the extent included in Ohio adjusted gross income as defined in	135615
section 5747.01 of the Revised Code, and net earnings from	135616
self-employment, as defined in section 1402(a) of the Internal	135617
Revenue Code, to the extent included in Ohio adjusted gross	135618
income.	135619

(2) In the case of an estate, taxable income for the taxable	135620
year as defined in division (S) of section 5747.01 of the Revised	135621
Code.	135622

(F) "Resident" of the school district means:

135623

(1) An individual who is a resident of this state as defined	135624
in division (I) of section 5747.01 of the Revised Code during all	135625
or a portion of the taxable year and who, during all or a portion	135626
of such period of state residency, is domiciled in the school	135627
district or lives in and maintains a permanent place of abode in	135628
the school district;	135629

(2) An estate of a decedent who, at the time of death, was	135630
domiciled in the school district.	135631

(G) "School district income" means:

135632

(1) With respect to an individual, the portion of the taxable	135633
income of an individual that is received by the individual during	135634
the portion of the taxable year that the individual is a resident	135635
of the school district and the school district income tax is in	135636
effect in that school district. An individual may have school	135637
district income with respect to more than one school district.	135638

(2) With respect to an estate, the taxable income of the	135639
estate for the portion of the taxable year that the school	135640
district income tax is in effect in that school district.	135641

(H) "Taxpayer" means an individual or estate having school	135642
district income upon which a school district income tax is	135643
imposed.	135644

(I) "School district purposes" means any of the purposes for	135645
which a tax may be levied pursuant to division (A) of section	135646
5705.21 of the Revised Code, including the combined purposes	135647
authorized by section 5705.217 of the Revised Code.	135648

Sec. 5749.02. (A) For the purpose of providing revenue to	135649
administer the state's coal mining and reclamation regulatory	135650
program, to meet the environmental and resource management needs	135651
of this state, and to reclaim land affected by mining, an excise	135652
tax is hereby levied on the privilege of engaging in the severance	135653
of natural resources from the soil or water of this state. The tax	135654
shall be imposed upon the severer ~~and shall be~~at the rates	135655
prescribed by divisions (A)(1) to (9) of this section:	135656

(1) Ten cents per ton of coal;

135657

(2) Four cents per ton of salt;

135658

(3) Two cents per ton of limestone or dolomite;

135659

(4) Two cents per ton of sand and gravel;

135660

(5) Ten cents per barrel of oil;

135661

(6) Two and one-half cents per thousand cubic feet of natural	135662
gas;	135663

(7) One cent per ton of clay, sandstone or conglomerate,	135664
shale, gypsum, or quartzite;	135665

(8) Except as otherwise provided in this division or in rules	135666
adopted by the reclamation forfeiture fund advisory board under	135667
section 1513.182 of the Revised Code, an additional fourteen cents	135668
per ton of coal produced from an area under a coal mining and	135669
reclamation permit issued under Chapter 1513. of the Revised Code	135670
for which the performance security is provided under division	135671
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	135672
2007, if at the end of a fiscal biennium the balance of the	135673
reclamation forfeiture fund created in section 1513.18 of the	135674
Revised Code is equal to or greater than ten million dollars, the	135675
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	135676
if at the end of a fiscal biennium the balance of the fund is at	135677
least five million dollars, but less than ten million dollars, the	135678
rate levied shall be fourteen cents per ton. Beginning July 1,	135679
2007, if at the end of a fiscal biennium the balance of the fund	135680
is less than five million dollars, the rate levied shall be	135681
sixteen cents per ton. Beginning July 1, 2009, not later than	135682
thirty days after the close of a fiscal biennium, the chief of the	135683
division of mineral resources management shall certify to the tax	135684
commissioner the amount of the balance of the reclamation	135685
forfeiture fund as of the close of the fiscal biennium. Any	135686
necessary adjustment of the rate levied shall take effect on the	135687
first day of the following January and shall remain in effect	135688
during the calendar biennium that begins on that date.	135689

(9) An additional one and two-tenths cents per ton of coal	135690
mined by surface mining methods.	135691

(B) OfAfter the director of budget and management transfers	135692
money from the severance tax receipts fund as required in division	135693
(H) of section 5749.06 of the Revised Code, money remaining in the	135694
severance tax receipts fund, except for money in the fund from the	135695
amounts due under section 1509.50 of the Revised Code, shall be	135696
credited as follows:	135697

(1) Of the moneys ~~received by the treasurer of state~~in the	135698
fund from the tax levied in division (A)(1) of this section, four	135699
and seventy-six-hundredths per cent shall be credited to the	135700
geological mapping fund created in section 1505.09 of the Revised	135701
Code, eighty and ninety-five-hundredths per cent shall be credited	135702
to the coal mining administration and reclamation reserve fund	135703
created in section 1513.181 of the Revised Code, and fourteen and	135704
twenty-nine-hundredths per cent shall be credited to the	135705
unreclaimed lands fund created in section 1513.30 of the Revised	135706
Code.	135707

(2) The money ~~received by the treasurer of state~~in the fund	135708
from the tax levied in division (A)(2) of this section shall be	135709
credited to the geological mapping fund.	135710

(3) Of the moneys ~~received by the treasurer of state~~in the	135711
fund from the tax levied in divisions (A)(3) and (4) of this	135712
section, seven and five-tenths per cent shall be credited to the	135713
geological mapping fund, forty-two and five-tenths per cent shall	135714
be credited to the unreclaimed lands fund, and the remainder shall	135715
be credited to the surface mining fund created in section 1514.06	135716
of the Revised Code.	135717

(4) Of the moneys ~~received by the treasurer of state~~in the	135718
fund from the tax levied in divisions (A)(5) and (6) of this	135719
section, ninety per cent shall be credited to the oil and gas well	135720
fund created in section 1509.02 of the Revised Code and ten per	135721
cent shall be credited to the geological mapping fund. All of the	135722
moneys ~~received by the treasurer of state~~in the fund from the	135723
tax levied in division (A)(7) of this section shall be credited to	135724
the surface mining fund.	135725

(5) All of the moneys ~~received by the treasurer of state~~in	135726
the fund from the tax levied in division (A)(8) of this section	135727
shall be credited to the reclamation forfeiture fund.	135728

(6) All of the moneys ~~received by the treasurer of state~~in	135729
the fund from the tax levied in division (A)(9) of this section	135730
shall be credited to the unreclaimed lands fund.	135731

(C) When, at the close of any fiscal year, the chief finds	135732
that the balance of the reclamation forfeiture fund, plus	135733
estimated transfers to it from the coal mining administration and	135734
reclamation reserve fund under section 1513.181 of the Revised	135735
Code, plus the estimated revenues from the tax levied by division	135736
(A)(8) of this section for the remainder of the calendar year that	135737
includes the close of the fiscal year, are sufficient to complete	135738
the reclamation of all lands for which the performance security	135739
has been provided under division (C)(2) of section 1513.08 of the	135740
Revised Code, the purposes for which the tax under division (A)(8)	135741
of this section is levied shall be deemed accomplished at the end	135742
of that calendar year. The chief, within thirty days after the	135743
close of the fiscal year, shall certify those findings to the tax	135744
commissioner, and the tax levied under division (A)(8) of this	135745
section shall cease to be imposed for the subsequent calendar year	135746
after the last day of that calendar year on coal produced under a	135747
coal mining and reclamation permit issued under Chapter 1513. of	135748
the Revised Code if the permittee has made tax payments under	135749
division (A)(8) of this section during each of the preceding five	135750
full calendar years. Not later than thirty days after the close of	135751
a fiscal year, the chief shall certify to the tax commissioner the	135752
identity of any permittees who accordingly no longer are required	135753
to pay the tax levied under division (A)(8) of this section for	135754
the subsequent calendar year.	135755

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	135756
by section 5749.02 of the Revised Code and each severer or owner	135757
liable for the amounts due under section 1509.50 of the Revised	135758
Code shall make and file returns with the tax commissioner in the	135759
prescribed form and as of the prescribed times, computing and	135760
reflecting therein the tax as required by this chapter and amounts	135761
due under section 1509.50 of the Revised Code.	135762

(2) The returns shall be filed for every quarterly period,	135763
which periods shall end on the thirty-first day of March, the	135764
thirtieth day of June, the thirtieth day of September, and the	135765
thirty-first day of December of each year, as required by this	135766
section, unless a different return period is prescribed for a	135767
taxpayer by the commissioner.	135768

(B)(1) A separate return shall be filed for each calendar	135769
quarterly period, or other period, or any part thereof, during	135770
which the severer holds a license as provided by section 5749.04	135771
of the Revised Code, or is required to hold the license, or during	135772
which an owner is required to file a return~~, and the~~. The return	135773
shall be filed within forty-five days after the last day of each	135774
such calendar month, or other period, or any part thereof, for	135775
which the return is required ~~and shall include remittance payable~~	135776
~~to the treasurer of state of the amount of~~. The tax due is payable	135777
along with the return. All such returns shall contain such	135778
information as the commissioner may require to fairly administer	135779
the tax.	135780

(2) All returns shall be signed by the severer or owner, as	135781
applicable, shall contain the full and complete information	135782
requested, and shall be made under penalty of perjury.	135783

(C) If the commissioner believes that quarterly payments of	135784
tax would result in a delay that might jeopardize the collection	135785
of such tax payments, the commissioner may order that such	135786
payments be made weekly, or more frequently if necessary, such	135787
payments to be made not later than seven days following the close	135788
of the period for which the jeopardy payment is required. Such an	135789
order shall be delivered to the taxpayer personally or by	135790
certified mail and shall remain in effect until the commissioner	135791
notifies the taxpayer to the contrary.	135792

(D) Upon good cause the commissioner may extend for thirty	135793
days the period for filing any notice or return required to be	135794
filed under this section, and may remit all or a part of penalties	135795
that may become due under this chapter.	135796

(E) Any tax and any amount due under section 1509.50 of the	135797
Revised Code not paid by the day the tax or amount is due shall	135798
bear interest computed at the rate per annum prescribed by section	135799
5703.47 of the Revised Code on that amount due from the day that	135800
the amount was originally required to be paid to the day of actual	135801
payment or to the day an assessment was issued under section	135802
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	135803

(F) ~~The severer shall make all payments payable to the~~	135804
~~treasurer of state. Except for the amounts due under section~~	135805
~~1509.50 of the Revised Code, all~~A severer or owner, as	135806
applicable, that fails to file a complete return or pay the full	135807
amount due under this chapter within the time prescribed,	135808
including any extensions of time granted by the commissioner,	135809
shall be subject to a penalty not to exceed the greater of fifty	135810
dollars or ten per cent of the amount due for the period.	135811

(G)(1) A severer or owner, as applicable, shall remit	135812
payments electronically and, if required by the commissioner, file	135813
each return electronically. The commissioner may require that the	135814
severer or owner use the Ohio business gateway, as defined in	135815
section 718.051 of the Revised Code, or another electronic means	135816
to file returns and remit payments electronically.	135817

(2) A severer or owner that is required to remit payments	135818
electronically under this section may apply to the commissioner,	135819
in the manner prescribed by the commissioner, to be excused from	135820
that requirement. The commissioner may excuse a severer or owner	135821
from the requirements of division (G) of this section for good	135822
cause.	135823

(3) If a severer or owner that is required to remit payments	135824
or file returns electronically under this section fails to do so,	135825
the commissioner may impose a penalty on the severer or owner not	135826
to exceed the following:	135827

(a) For the first or second payment or return the severer or	135828
owner fails to remit or file electronically, the greater of five	135829
per cent of the amount of the payment that was required to be	135830
remitted or twenty-five dollars;	135831

(b) For every payment or return after the second that the	135832
severer or owner fails to remit or file electronically, the	135833
greater of ten per cent of the amount of the payment that was	135834
required to be remitted or fifty dollars.	135835

(H)(1) All amounts that the ~~tax~~ commissioner receives under	135836
this section shall be deemed to be revenue from taxes imposed	135837
under this chapter~~. The commissioner shall immediately forward to~~	135838
~~the treasurer of state all amounts received under this section~~or	135839
from the amount due under section 1509.50 of the Revised Code, as	135840
applicable, and shall be deposited in the severance tax receipts	135841
fund, which is hereby created in the state treasury.	135842

(2) The director of budget and management shall transfer from	135843
the severance tax receipts fund to the tax refund fund amounts	135844
equal to the refunds certified by the commissioner under section	135845
5749.08 of the Revised Code. Any amount transferred under division	135846
(H)(2) of this section shall be derived from receipts of the same	135847
tax or other amount from which the refund arose.	135848

(3) After the director of budget and management makes any	135849
transfer required by division (H)(2) of this section, but not	135850
later than the fifteenth day of the month following the end of	135851
each calendar quarter, the commissioner shall certify to the	135852
director the total amount remaining in the severance tax receipts	135853
fund organized according to the amount attributable to each	135854
natural resource and according to the amount attributable to a tax	135855
imposed by this chapter and the amounts due under section 1509.50	135856
of the Revised Code.	135857

(I) Penalties imposed under this section are in addition to	135858
any other penalty imposed under this chapter and shall be	135859
considered as revenue arising from the tax levied under this	135860
chapter or the amount due under section 1509.50 of the Revised	135861
Code, as applicable. The commissioner may collect any penalty or	135862
interest imposed under this section in the same manner as provided	135863
for the making of an assessment in section 5749.07 of the Revised	135864
Code. The commissioner may abate all or a portion of such interest	135865
or penalties and may adopt rules governing such abatements.	135866

Sec. 5749.07. (A) If any severer required by this chapter to	135867
make and file returns and pay the tax levied by section 5749.02 of	135868
the Revised Code, or any severer or owner liable for the amounts	135869
due under section 1509.50 of the Revised Code, fails to make such	135870
return or pay such tax or amounts, the tax commissioner may make	135871
an assessment against the severer or owner based upon any	135872
information in the commissioner's possession.	135873

No assessment shall be made or issued against any severer for	135874
any tax imposed by section 5749.02 of the Revised Code or against	135875
any severer or owner for any amount due under section 1509.50 of	135876
the Revised Code more than four years after the return was due or	135877
was filed, whichever is later. This section does not bar an	135878
assessment against a severer or owner who fails to file a return	135879
as required by this chapter, or who files a fraudulent return.	135880

The commissioner shall give the party assessed written notice	135881
of such assessment in the manner provided in section 5703.37 of	135882
the Revised Code. With the notice, the commissioner shall provide	135883
instructions on how to petition for reassessment and request a	135884
hearing on the petition.	135885

(B) Unless the party assessed files with the commissioner	135886
within sixty days after service of the notice of assessment,	135887
either personally or by certified mail, a written petition for	135888
reassessment signed by the party assessed or that party's	135889
authorized agent having knowledge of the facts, the assessment	135890
becomes final and the amount of the assessment is due and payable	135891
from the party assessed to the treasurer of state. The petition	135892
shall indicate the objections of the party assessed, but	135893
additional objections may be raised in writing if received by the	135894
commissioner prior to the date shown on the final determination.	135895
If the petition has been properly filed, the commissioner shall	135896
proceed under section 5703.60 of the Revised Code.	135897

(C) After an assessment becomes final, if any portion of the	135898
assessment remains unpaid, including accrued interest, a certified	135899
copy of the commissioner's entry making the assessment final may	135900
be filed in the office of the clerk of the court of common pleas	135901
in the county in which the party assessed resides or in which the	135902
party's business is conducted. If the party assessed maintains no	135903
place of business in this state and is not a resident of this	135904
state, the certified copy of the entry may be filed in the office	135905
of the clerk of the court of common pleas of Franklin county.	135906

Immediately upon the filing of such entry, the clerk shall	135907
enter a judgment for the state against the party assessed in the	135908
amount shown on the entry. The judgment may be filed by the clerk	135909
in a loose-leaf book entitled "special judgments for state	135910
severance tax," and shall have the same effect as other judgments.	135911
Execution shall issue upon the judgment upon the request of the	135912
commissioner, and all laws applicable to sales on execution shall	135913
apply to sales made under the judgment.	135914

~~The portion of~~If the assessment is not paid in its entirety	135915
within sixty days after the day the assessment is issued, the	135916
portion of the assessment consisting of tax due or amounts due	135917
under section 1509.50 of the Revised Code shall bear interest at	135918
the rate per annum prescribed by section 5703.47 of the Revised	135919
Code from the day the commissioner issues the assessment until it	135920
is paid or until it is certified to the attorney general for	135921
collection under section 131.02 of the Revised Code, whichever	135922
comes first. If the unpaid portion of the assessment is certified	135923
to the attorney general for collection, the entire unpaid portion	135924
of the assessment shall bear interest at the rate per annum	135925
prescribed by section 5703.47 of the Revised Code from the date of	135926
certification until the date it is paid in its entirety. Interest	135927
shall be paid in the same manner as the tax and may be collected	135928
by the issuance of an assessment under this section.	135929

(D) All money collected by the commissioner under this	135930
section shall be paid to the treasurer of state, and when paid	135931
shall be considered as revenue arising from the tax imposed by	135932
section 5749.02 of the Revised Code and the amount due under	135933
section 1509.50 of the Revised Code, as applicable.	135934

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	135935
1509. of the Revised Code, any information provided to the	135936
department of natural resources by the department of taxation in	135937
accordance with division (C)(12) of section 5703.21 of the Revised	135938
Code shall not be disclosed publicly by the department of natural	135939
resources~~, but~~. However the department of natural resources may	135940
provide such information to the attorney general for purposes of	135941
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	135942

Sec. 5751.01. As used in this chapter:

135943

(A) "Person" means, but is not limited to, individuals,	135944
combinations of individuals of any form, receivers, assignees,	135945
trustees in bankruptcy, firms, companies, joint-stock companies,	135946
business trusts, estates, partnerships, limited liability	135947
partnerships, limited liability companies, associations, joint	135948
ventures, clubs, societies, for-profit corporations, S	135949
corporations, qualified subchapter S subsidiaries, qualified	135950
subchapter S trusts, trusts, entities that are disregarded for	135951
federal income tax purposes, and any other entities.	135952

(B) "Consolidated elected taxpayer" means a group of two or	135953
more persons treated as a single taxpayer for purposes of this	135954
chapter as the result of an election made under section 5751.011	135955
of the Revised Code.	135956

(C) "Combined taxpayer" means a group of two or more persons	135957
treated as a single taxpayer for purposes of this chapter under	135958
section 5751.012 of the Revised Code.	135959

(D) "Taxpayer" means any person, or any group of persons in	135960
the case of a consolidated elected taxpayer or combined taxpayer	135961
treated as one taxpayer, required to register or pay tax under	135962
this chapter. "Taxpayer" does not include excluded persons.	135963

(E) "Excluded person" means any of the following:

135964

(1) Any person with not more than one hundred fifty thousand	135965
dollars of taxable gross receipts during the calendar year.	135966
Division (E)(1) of this section does not apply to a person that is	135967
a member of a consolidated elected taxpayer;	135968

(2) A public utility that paid the excise tax imposed by	135969
section 5727.24 or 5727.30 of the Revised Code based on one or	135970
more measurement periods that include the entire tax period under	135971
this chapter, except that a public utility that is a combined	135972
company is a taxpayer with regard to the following gross receipts:	135973

(a) Taxable gross receipts directly attributed to a public	135974
utility activity, but not directly attributed to an activity that	135975
is subject to the excise tax imposed by section 5727.24 or 5727.30	135976
of the Revised Code;	135977

(b) Taxable gross receipts that cannot be directly attributed	135978
to any activity, multiplied by a fraction whose numerator is the	135979
taxable gross receipts described in division (E)(2)(a) of this	135980
section and whose denominator is the total taxable gross receipts	135981
that can be directly attributed to any activity;	135982

(c) Except for any differences resulting from the use of an	135983
accrual basis method of accounting for purposes of determining	135984
gross receipts under this chapter and the use of the cash basis	135985
method of accounting for purposes of determining gross receipts	135986
under section 5727.24 of the Revised Code, the gross receipts	135987
directly attributed to the activity of a natural gas company shall	135988
be determined in a manner consistent with division (D) of section	135989
5727.03 of the Revised Code.	135990

As used in division (E)(2) of this section, "combined	135991
company" and "public utility" have the same meanings as in section	135992
5727.01 of the Revised Code.	135993

(3) A financial institution, as defined in section 5726.01 of	135994
the Revised Code, that paid the tax imposed by section 5726.02 of	135995
the Revised Code based on one or more taxable years that include	135996
the entire tax period under this chapter;	135997

(4) A person directly or indirectly owned by one or more	135998
financial institutions, as defined in section 5726.01 of the	135999
Revised Code, that paid the tax imposed by section 5726.02 of the	136000
Revised Code based on one or more taxable years that include the	136001
entire tax period under this chapter.	136002

For the purposes of division (E)(4) of this section, a person	136003
owns another person under the following circumstances:	136004

(a) In the case of corporations issuing capital stock, one	136005
corporation owns another corporation if it owns fifty per cent or	136006
more of the other corporation's capital stock with current voting	136007
rights;	136008

(b) In the case of a limited liability company, one person	136009
owns the company if that person's membership interest, as defined	136010
in section 1705.01 of the Revised Code, is fifty per cent or more	136011
of the combined membership interests of all persons owning such	136012
interests in the company;	136013

(c) In the case of a partnership, trust, or other	136014
unincorporated business organization other than a limited	136015
liability company, one person owns the organization if, under the	136016
articles of organization or other instrument governing the affairs	136017
of the organization, that person has a beneficial interest in the	136018
organization's profits, surpluses, losses, or distributions of	136019
fifty per cent or more of the combined beneficial interests of all	136020
persons having such an interest in the organization.	136021

(5) A domestic insurance company or foreign insurance	136022
company, as defined in section 5725.01 of the Revised Code, that	136023
paid the insurance company premiums tax imposed by section 5725.18	136024
or Chapter 5729. of the Revised Code, or an unauthorized insurance	136025
company whose gross premiums are subject to tax under section	136026
3905.36 of the Revised Code based on one or more measurement	136027
periods that include the entire tax period under this chapter;	136028

(6) A person that solely facilitates or services one or more	136029
securitizations of phase-in-recovery property pursuant to a final	136030
financing order as those terms are defined in section 4928.23 of	136031
the Revised Code. For purposes of this division, "securitization"	136032
means transferring one or more assets to one or more persons and	136033
then issuing securities backed by the right to receive payment	136034
from the asset or assets so transferred.	136035

(7) Except as otherwise provided in this division, a	136036
pre-income tax trust as defined in division (FF)(4) of section	136037
5747.01 of the Revised Code and any pass-through entity of which	136038
such pre-income tax trust owns or controls, directly, indirectly,	136039
or constructively through related interests, more than five per	136040
cent of the ownership or equity interests. If the pre-income tax	136041
trust has made a qualifying pre-income tax trust election under	136042
division (FF)(3) of section 5747.01 of the Revised Code, then the	136043
trust and the pass-through entities of which it owns or controls,	136044
directly, indirectly, or constructively through related interests,	136045
more than five per cent of the ownership or equity interests,	136046
shall not be excluded persons for purposes of the tax imposed	136047
under section 5751.02 of the Revised Code.	136048

(8) Nonprofit organizations or the state and its agencies,	136049
instrumentalities, or political subdivisions.	136050

(F) Except as otherwise provided in divisions (F)(2), (3),	136051
~~and~~ (4), and (5) of this section, "gross receipts" means the total	136052
amount realized by a person, without deduction for the cost of	136053
goods sold or other expenses incurred, that contributes to the	136054
production of gross income of the person, including the fair	136055
market value of any property and any services received, and any	136056
debt transferred or forgiven as consideration.	136057

(1) The following are examples of gross receipts:

136058

(a) Amounts realized from the sale, exchange, or other	136059
disposition of the taxpayer's property to or with another;	136060

(b) Amounts realized from the taxpayer's performance of	136061
services for another;	136062

(c) Amounts realized from another's use or possession of the	136063
taxpayer's property or capital;	136064

(d) Any combination of the foregoing amounts.

136065

(2) "Gross receipts" excludes the following amounts:

136066

(a) Interest income except interest on credit sales;

136067

(b) Dividends and distributions from corporations, and	136068
distributive or proportionate shares of receipts and income from a	136069
pass-through entity as defined under section 5733.04 of the	136070
Revised Code;	136071

(c) Receipts from the sale, exchange, or other disposition of	136072
an asset described in section 1221 or 1231 of the Internal Revenue	136073
Code, without regard to the length of time the person held the	136074
asset. Notwithstanding section 1221 of the Internal Revenue Code,	136075
receipts from hedging transactions also are excluded to the extent	136076
the transactions are entered into primarily to protect a financial	136077
position, such as managing the risk of exposure to (i) foreign	136078
currency fluctuations that affect assets, liabilities, profits,	136079
losses, equity, or investments in foreign operations; (ii)	136080
interest rate fluctuations; or (iii) commodity price fluctuations.	136081
As used in division (F)(2)(c) of this section, "hedging	136082
transaction" has the same meaning as used in section 1221 of the	136083
Internal Revenue Code and also includes transactions accorded	136084
hedge accounting treatment under statement of financial accounting	136085
standards number 133 of the financial accounting standards board.	136086
For the purposes of division (F)(2)(c) of this section, the actual	136087
transfer of title of real or tangible personal property to another	136088
entity is not a hedging transaction.	136089

(d) Proceeds received attributable to the repayment,	136090
maturity, or redemption of the principal of a loan, bond, mutual	136091
fund, certificate of deposit, or marketable instrument;	136092

(e) The principal amount received under a repurchase	136093
agreement or on account of any transaction properly characterized	136094
as a loan to the person;	136095

(f) Contributions received by a trust, plan, or other	136096
arrangement, any of which is described in section 501(a) of the	136097
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	136098
1, Subchapter (D) of the Internal Revenue Code applies;	136099

(g) Compensation, whether current or deferred, and whether in	136100
cash or in kind, received or to be received by an employee, former	136101
employee, or the employee's legal successor for services rendered	136102
to or for an employer, including reimbursements received by or for	136103
an individual for medical or education expenses, health insurance	136104
premiums, or employee expenses, or on account of a dependent care	136105
spending account, legal services plan, any cafeteria plan	136106
described in section 125 of the Internal Revenue Code, or any	136107
similar employee reimbursement;	136108

(h) Proceeds received from the issuance of the taxpayer's own	136109
stock, options, warrants, puts, or calls, or from the sale of the	136110
taxpayer's treasury stock;	136111

(i) Proceeds received on the account of payments from	136112
insurance policies, except those proceeds received for the loss of	136113
business revenue;	136114

(j) Gifts or charitable contributions received; membership	136115
dues received by trade, professional, homeowners', or condominium	136116
associations; and payments received for educational courses,	136117
meetings, meals, or similar payments to a trade, professional, or	136118
other similar association; and fundraising receipts received by	136119
any person when any excess receipts are donated or used	136120
exclusively for charitable purposes;	136121

(k) Damages received as the result of litigation in excess of	136122
amounts that, if received without litigation, would be gross	136123
receipts;	136124

(l) Property, money, and other amounts received or acquired	136125
by an agent on behalf of another in excess of the agent's	136126
commission, fee, or other remuneration;	136127

(m) Tax refunds, other tax benefit recoveries, and	136128
reimbursements for the tax imposed under this chapter made by	136129
entities that are part of the same combined taxpayer or	136130
consolidated elected taxpayer group, and reimbursements made by	136131
entities that are not members of a combined taxpayer or	136132
consolidated elected taxpayer group that are required to be made	136133
for economic parity among multiple owners of an entity whose tax	136134
obligation under this chapter is required to be reported and paid	136135
entirely by one owner, pursuant to the requirements of sections	136136
5751.011 and 5751.012 of the Revised Code;	136137

(n) Pension reversions;

136138

(o) Contributions to capital;

136139

(p) Sales or use taxes collected as a vendor or an	136140
out-of-state seller on behalf of the taxing jurisdiction from a	136141
consumer or other taxes the taxpayer is required by law to collect	136142
directly from a purchaser and remit to a local, state, or federal	136143
tax authority;	136144

(q) In the case of receipts from the sale of cigarettes or	136145
tobacco products by a wholesale dealer, retail dealer,	136146
distributor, manufacturer, or seller, all as defined in section	136147
5743.01 of the Revised Code, an amount equal to the federal and	136148
state excise taxes paid by any person on or for such cigarettes or	136149
tobacco products under subtitle E of the Internal Revenue Code or	136150
Chapter 5743. of the Revised Code;	136151

(r) In the case of receipts from the sale of motor fuel byto	136152
a licensed motor fuel dealer, licensed retail dealer, or licensed	136153
permissive motor fuel dealer, ~~all as defined in section 5735.01 of~~	136154
~~the Revised Code,~~ an amount equal to federal and state excise	136155
taxes paid by any person on such motor fuel under section 4081 of	136156
the Internal Revenue Code or Chapter 5735. of the Revised Code;	136157

(s) In the case of receipts from the sale of beer or	136158
intoxicating liquor, as defined in section 4301.01 of the Revised	136159
Code, by a person holding a permit issued under Chapter 4301. or	136160
4303. of the Revised Code, an amount equal to federal and state	136161
excise taxes paid by any person on or for such beer or	136162
intoxicating liquor under subtitle E of the Internal Revenue Code	136163
or Chapter 4301. or 4305. of the Revised Code;	136164

(t) Receipts realized by a new motor vehicle dealer or used	136165
motor vehicle dealer, as defined in section 4517.01 of the Revised	136166
Code, from the sale or other transfer of a motor vehicle, as	136167
defined in that section, to another motor vehicle dealer for the	136168
purpose of resale by the transferee motor vehicle dealer, but only	136169
if the sale or other transfer was based upon the transferee's need	136170
to meet a specific customer's preference for a motor vehicle;	136171

(u) Receipts from a financial institution described in	136172
division (E)(3) of this section for services provided to the	136173
financial institution in connection with the issuance, processing,	136174
servicing, and management of loans or credit accounts, if such	136175
financial institution and the recipient of such receipts have at	136176
least fifty per cent of their ownership interests owned or	136177
controlled, directly or constructively through related interests,	136178
by common owners;	136179

(v) Receipts realized from administering anti-neoplastic	136180
drugs and other cancer chemotherapy, biologicals, therapeutic	136181
agents, and supportive drugs in a physician's office to patients	136182
with cancer;	136183

(w) Funds received or used by a mortgage broker that is not a	136184
dealer in intangibles, other than fees or other consideration,	136185
pursuant to a table-funding mortgage loan or warehouse-lending	136186
mortgage loan. Terms used in division (F)(2)(w) of this section	136187
have the same meanings as in section 1322.01 of the Revised Code,	136188
except "mortgage broker" means a person assisting a buyer in	136189
obtaining a mortgage loan for a fee or other consideration paid by	136190
the buyer or a lender, or a person engaged in table-funding or	136191
warehouse-lending mortgage loans that are first lien mortgage	136192
loans.	136193

(x) Property, money, and other amounts received by a	136194
professional employer organization, as defined in section 4125.01	136195
of the Revised Code, from a client employer, as defined in that	136196
section, in excess of the administrative fee charged by the	136197
professional employer organization to the client employer;	136198

(y) In the case of amounts retained as commissions by a	136199
permit holder under Chapter 3769. of the Revised Code, an amount	136200
equal to the amounts specified under that chapter that must be	136201
paid to or collected by the tax commissioner as a tax and the	136202
amounts specified under that chapter to be used as purse money;	136203

(z) Qualifying distribution center receipts.

136204

(i) For purposes of division (F)(2)(z) of this section:

136205

(I) "Qualifying distribution center receipts" means receipts	136206
of a supplier from qualified property that is delivered to a	136207
qualified distribution center, multiplied by a quantity that	136208
equals one minus the Ohio delivery percentage. If the qualified	136209
distribution center is a refining facility, "supplier" includes	136210
all dealers, brokers, processors, sellers, vendors, cosigners, and	136211
distributors of qualified property.	136212

(II) "Qualified property" means tangible personal property	136213
delivered to a qualified distribution center that is shipped to	136214
that qualified distribution center solely for further shipping by	136215
the qualified distribution center to another location in this	136216
state or elsewhere or, in the case of gold, silver, platinum, or	136217
palladium delivered to a refining facility solely for refining to	136218
a grade and fineness acceptable for delivery to a registered	136219
commodities exchange. "Further shipping" includes storing and	136220
repackaging property into smaller or larger bundles, so long as	136221
the property is not subject to further manufacturing or	136222
processing. "Refining" is limited to extracting impurities from	136223
gold, silver, platinum, or palladium through smelting or some	136224
other process at a refining facility.	136225

(III) "Qualified distribution center" means a warehouse, a	136226
facility similar to a warehouse, or a refining facility in this	136227
state that, for the qualifying year, is operated by a person that	136228
is not part of a combined taxpayer group and that has a qualifying	136229
certificate. All warehouses or facilities similar to warehouses	136230
that are operated by persons in the same taxpayer group and that	136231
are located within one mile of each other shall be treated as one	136232
qualified distribution center. All refining facilities that are	136233
operated by persons in the same taxpayer group and that are	136234
located in the same or adjacent counties may be treated as one	136235
qualified distribution center.	136236

(IV) "Qualifying year" means the calendar year to which the	136237
qualifying certificate applies.	136238

(V) "Qualifying period" means the period of the first day of	136239
July of the second year preceding the qualifying year through the	136240
thirtieth day of June of the year preceding the qualifying year.	136241

(VI) "Qualifying certificate" means the certificate issued by	136242
the tax commissioner after the operator of a distribution center	136243
files an annual application with the commissioner. The application	136244
and annual fee shall be filed and paid for each qualified	136245
distribution center on or before the first day of September before	136246
the qualifying year or within forty-five days after the	136247
distribution center opens, whichever is later.	136248

The applicant must substantiate to the commissioner's	136249
satisfaction that, for the qualifying period, all persons	136250
operating the distribution center have more than fifty per cent of	136251
the cost of the qualified property shipped to a location such that	136252
it would be sitused outside this state under the provisions of	136253
division (E) of section 5751.033 of the Revised Code. The	136254
applicant must also substantiate that the distribution center	136255
cumulatively had costs from its suppliers equal to or exceeding	136256
five hundred million dollars during the qualifying period. (For	136257
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	136258
excludes any person that is part of the consolidated elected	136259
taxpayer group, if applicable, of the operator of the qualified	136260
distribution center.) The commissioner may require the applicant	136261
to have an independent certified public accountant certify that	136262
the calculation of the minimum thresholds required for a qualified	136263
distribution center by the operator of a distribution center has	136264
been made in accordance with generally accepted accounting	136265
principles. The commissioner shall issue or deny the issuance of a	136266
certificate within sixty days after the receipt of the	136267
application. A denial is subject to appeal under section 5717.02	136268
of the Revised Code. If the operator files a timely appeal under	136269
section 5717.02 of the Revised Code, the operator shall be granted	136270
a qualifying certificate~~, provided that~~effective for the	136271
remainder of the qualifying year or until the appeal is finalized,	136272
whichever is earlier. If the operator ~~is liable for any tax,~~	136273
~~interest, or penalty upon amounts claimed as qualifying~~	136274
~~distribution center receipts, other than those receipts exempt~~	136275
~~under division (C)(1) of section 5751.011 of the Revised Code,~~	136276
~~that would have otherwise not been owed by its suppliers if the~~	136277
~~qualifying certificate was valid~~does not prevail in the appeal,	136278
the operator shall pay the ineligible operator's supplier tax	136279
liability.	136280

(VII) "Ohio delivery percentage" means the proportion of the	136281
total property delivered to a destination inside Ohio from the	136282
qualified distribution center during the qualifying period	136283
compared with total deliveries from such distribution center	136284
everywhere during the qualifying period.	136285

(VIII) "Refining facility" means one or more buildings	136286
located in a county in the Appalachian region of this state as	136287
defined by section 107.21 of the Revised Code and utilized for	136288
refining or smelting gold, silver, platinum, or palladium to a	136289
grade and fineness acceptable for delivery to a registered	136290
commodities exchange.	136291

(IX) "Registered commodities exchange" means a board of	136292
trade, such as New York mercantile exchange, inc. or commodity	136293
exchange, inc., designated as a contract market by the commodity	136294
futures trading commission under the "Commodity Exchange Act," 7	136295
U.S.C. 1 et seq., as amended.	136296

(X) "Ineligible operator's supplier tax liability" means an	136297
amount equal to the tax liability of all suppliers of a	136298
distribution center had the distribution center not been issued a	136299
qualifying certificate for the qualifying year. Ineligible	136300
operator's supplier tax liability shall not include interest or	136301
penalties. The tax commissioner shall determine an ineligible	136302
operator's supplier tax liability based on information that the	136303
commissioner may request from the operator of the distribution	136304
center. An operator shall provide a list of all suppliers of the	136305
distribution center and the corresponding costs of qualified	136306
property for the qualifying year at issue within sixty days of a	136307
request by the commissioner under this division.	136308

(ii)(I) If the distribution center is new and was not open	136309
for the entire qualifying period, the operator of the distribution	136310
center may request that the commissioner grant a qualifying	136311
certificate. If the certificate is granted and it is later	136312
determined that more than fifty per cent of the qualified property	136313
during that year was not shipped to a location such that it would	136314
be sitused outside of this state under the provisions of division	136315
(E) of section 5751.033 of the Revised Code or if it is later	136316
determined that the person that operates the distribution center	136317
had average monthly costs from its suppliers of less than forty	136318
million dollars during that year, then the operator of the	136319
distribution center shall pay ~~a penalty for that year equal to~~	136320
~~five hundred thousand dollars~~the ineligible operator's supplier	136321
tax liability. (For purposes of division (F)(2)(z)(ii) of this	136322
section, "supplier" excludes any person that is part of the	136323
consolidated elected taxpayer group, if applicable, of the	136324
operator of the qualified distribution center.)	136325

(II) The commissioner may grant a qualifying certificate to a	136326
distribution center that does not qualify as a qualified	136327
distribution center for an entire qualifying period if the	136328
operator of the distribution center demonstrates that the business	136329
operations of the distribution center have changed or will change	136330
such that the distribution center will qualify as a qualified	136331
distribution center within thirty-six months after the date the	136332
operator first applies for a certificate. If, at the end of that	136333
thirty-six-month period, the business operations of the	136334
distribution center have not changed such that the distribution	136335
center qualifies as a qualified distribution center, the operator	136336
of the distribution center shall pay ~~a penalty equal to five~~	136337
~~hundred thousand dollars~~the ineligible operator's supplier tax	136338
liability for each year that the distribution center received a	136339
certificate but did not qualify as a qualified distribution	136340
center. For each year the distribution center receives a	136341
certificate under division (F)(2)(z)(ii)(II) of this section, the	136342
distribution center shall pay all applicable fees required under	136343
division (F)(2)(z) of this section and shall submit an updated	136344
business plan showing the progress the distribution center made	136345
toward qualifying as a qualified distribution center during the	136346
preceding year.	136347

(III) An operator may appeal ~~the imposition of~~ a ~~penalty~~	136348
~~imposed~~determination under division (F)(2)(z)(ii)(I) or (II) of	136349
this section that the ineligible operator is liable for the	136350
operator's supplier tax liability as a result of not qualifying as	136351
a qualified distribution center, as provided in section 5717.02 of	136352
the Revised Code.	136353

(iii) When filing an application for a qualifying certificate	136354
under division (F)(2)(z)(i)(VI) of this section, the operator of a	136355
qualified distribution center also shall provide documentation, as	136356
the commissioner requires, for the commissioner to ascertain the	136357
Ohio delivery percentage. The commissioner, upon issuing the	136358
qualifying certificate, also shall certify the Ohio delivery	136359
percentage. The operator of the qualified distribution center may	136360
appeal the commissioner's certification of the Ohio delivery	136361
percentage in the same manner as an appeal is taken from the	136362
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	136363
of this section.	136364

~~Within thirty days after all appeals have been exhausted, the~~	136365
~~operator of the qualified distribution center shall provide the~~	136366
~~commissioner with a list of all affected suppliers of qualified~~	136367
~~property. The commissioner shall notify all such suppliers that~~	136368
~~the suppliers are required to file, within sixty days after~~	136369
~~receiving the notice, amended reports for the affected calendar~~	136370
~~quarter or quarters or calendar year, whichever the case may be.~~	136371
~~Any additional tax liability or tax overpayment shall be subject~~	136372
~~to interest but shall not be subject to the imposition of any~~	136373
~~penalty so long as the amended returns are timely filed. The~~	136374
~~supplier of tangible personal property delivered to the qualified~~	136375
~~distribution center shall include in its report of taxable gross~~	136376
~~receipts the receipts from the total sales of property delivered~~	136377
~~to the qualified distribution center for the calendar quarter or~~	136378
~~calendar year, whichever the case may be, multiplied by the Ohio~~	136379
~~delivery percentage for the qualifying year. Nothing in division~~	136380
~~(F)(2)(z)(iii) of this section shall be construed as imposing~~	136381
~~liability on the operator of a qualified distribution center for~~	136382
~~the tax imposed by this chapter arising from any change to the~~	136383
~~Ohio delivery percentage.~~	136384

(iv)(I) In the case where the distribution center is new and	136385
not open for the entire qualifying period, the operator shall make	136386
a good faith estimate of an Ohio delivery percentage for use by	136387
suppliers in their reports of taxable gross receipts for the	136388
remainder of the qualifying period. The operator of the facility	136389
shall disclose to the suppliers that such Ohio delivery percentage	136390
is an estimate and is subject to recalculation. By the due date of	136391
the next application for a qualifying certificate, the operator	136392
shall determine the actual Ohio delivery percentage for the	136393
estimated qualifying period and proceed as provided in division	136394
(F)(2)(z)(iii) of this section with respect to the calculation and	136395
recalculation of the Ohio delivery percentage. The supplier is	136396
required to file, within sixty days after receiving notice from	136397
the operator of the qualified distribution center, amended reports	136398
for the impacted calendar quarter or quarters or calendar year,	136399
whichever the case may be. Any additional tax liability or tax	136400
overpayment shall be subject to interest but shall not be subject	136401
to the imposition of any penalty so long as the amended returns	136402
are timely filed.	136403

(II) The operator of a distribution center that receives a	136404
qualifying certificate under division (F)(2)(z)(ii)(II) of this	136405
section shall make a good faith estimate of the Ohio delivery	136406
percentage that the operator estimates will apply to the	136407
distribution center at the end of the thirty-six-month period	136408
after the operator first applied for a qualifying certificate	136409
under that division. The result of the estimate shall be	136410
multiplied by a factor of one and seventy-five one-hundredths. The	136411
product of that calculation shall be the Ohio delivery percentage	136412
used by suppliers in their reports of taxable gross receipts for	136413
each qualifying year that the distribution center receives a	136414
qualifying certificate under division (F)(2)(z)(ii)(II) of this	136415
section, except that, if the product is less than five per cent,	136416
the Ohio delivery percentage used shall be five per cent and that,	136417
if the product exceeds forty-nine per cent, the Ohio delivery	136418
percentage used shall be forty-nine per cent.	136419

(v) Qualifying certificates and Ohio delivery percentages	136420
issued by the commissioner shall be open to public inspection and	136421
shall be timely published by the commissioner. A supplier relying	136422
in good faith on a certificate issued under this division shall	136423
not be subject to tax on the qualifying distribution center	136424
receipts under division (F)(2)(z) of this section. ~~A person~~An	136425
operator receiving a qualifying certificate is liable for a	136426
~~penalty equal to five hundred thousand dollars~~the ineligible	136427
operator's supplier tax liability for each year the ~~person~~	136428
operator received a certificate ~~that should not have been issued~~	136429
~~because the statutory requirements were in fact not met~~but did	136430
not qualify as a qualified distribution center.	136431

(vi) The annual fee for a qualifying certificate shall be one	136432
hundred thousand dollars for each qualified distribution center.	136433
If a qualifying certificate is not issued, the annual fee is	136434
subject to refund after the exhaustion of all appeals provided for	136435
in division (F)(2)(z)(i)(VI) of this section. ~~The fee imposed~~	136436
~~under this division may be assessed in the same manner as the tax~~	136437
~~imposed under this chapter.~~ The first one hundred thousand dollars	136438
of the annual application fees collected each calendar year shall	136439
be credited to the revenue enhancement fund. The remainder of the	136440
annual application fees collected shall be distributed in the same	136441
manner required under section 5751.20 of the Revised Code.	136442

(vii) The tax commissioner may require that adequate security	136443
be posted by the operator of the distribution center on appeal	136444
when the commissioner disagrees that the applicant has met the	136445
minimum thresholds for a qualified distribution center as set	136446
forth in ~~divisions (F)(2)(z)(i)(VI) and~~division (F)(2)(z)~~(ii)~~ of	136447
this section.	136448

(aa) Receipts of an employer from payroll deductions relating	136449
to the reimbursement of the employer for advancing moneys to an	136450
unrelated third party on an employee's behalf;	136451

(bb) Cash discounts allowed and taken;

136452

(cc) Returns and allowances;

136453

(dd) Bad debts from receipts on the basis of which the tax	136454
imposed by this chapter was paid in a prior quarterly tax payment	136455
period. For the purpose of this division, "bad debts" means any	136456
debts that have become worthless or uncollectible between the	136457
preceding and current quarterly tax payment periods, have been	136458
uncollected for at least six months, and that may be claimed as a	136459
deduction under section 166 of the Internal Revenue Code and the	136460
regulations adopted under that section, or that could be claimed	136461
as such if the taxpayer kept its accounts on the accrual basis.	136462
"Bad debts" does not include repossessed property, uncollectible	136463
amounts on property that remains in the possession of the taxpayer	136464
until the full purchase price is paid, or expenses in attempting	136465
to collect any account receivable or for any portion of the debt	136466
recovered;	136467

(ee) Any amount realized from the sale of an account	136468
receivable to the extent the receipts from the underlying	136469
transaction giving rise to the account receivable were included in	136470
the gross receipts of the taxpayer;	136471

(ff) Any receipts directly attributed to a transfer agreement	136472
or to the enterprise transferred under that agreement under	136473
section 4313.02 of the Revised Code.	136474

(gg)(i) As used in this division:

136475

(I) "Qualified uranium receipts" means receipts from the	136476
sale, exchange, lease, loan, production, processing, or other	136477
disposition of uranium within a uranium enrichment zone certified	136478
by the tax commissioner under division (F)(2)(gg)(ii) of this	136479
section. "Qualified uranium receipts" does not include any	136480
receipts with a situs in this state outside a uranium enrichment	136481
zone certified by the tax commissioner under division	136482
(F)(2)(gg)(ii) of this section.	136483

(II) "Uranium enrichment zone" means all real property that	136484
is part of a uranium enrichment facility licensed by the United	136485
States nuclear regulatory commission and that was or is owned or	136486
controlled by the United States department of energy or its	136487
successor.	136488

(ii) Any person that owns, leases, or operates real or	136489
tangible personal property constituting or located within a	136490
uranium enrichment zone may apply to the tax commissioner to have	136491
the uranium enrichment zone certified for the purpose of excluding	136492
qualified uranium receipts under division (F)(2)(gg) of this	136493
section. The application shall include such information that the	136494
tax commissioner prescribes. Within sixty days after receiving the	136495
application, the tax commissioner shall certify the zone for that	136496
purpose if the commissioner determines that the property qualifies	136497
as a uranium enrichment zone as defined in division (F)(2)(gg) of	136498
this section, or, if the tax commissioner determines that the	136499
property does not qualify, the commissioner shall deny the	136500
application or request additional information from the applicant.	136501
If the tax commissioner denies an application, the commissioner	136502
shall state the reasons for the denial. The applicant may appeal	136503
the denial of an application to the board of tax appeals pursuant	136504
to section 5717.02 of the Revised Code. If the applicant files a	136505
timely appeal, the tax commissioner shall conditionally certify	136506
the applicant's property. The conditional certification shall	136507
expire when all of the applicant's appeals are exhausted. Until	136508
final resolution of the appeal, the applicant shall retain the	136509
applicant's records in accordance with section 5751.12 of the	136510
Revised Code, notwithstanding any time limit on the preservation	136511
of records under that section.	136512

(hh) Amounts realized by licensed motor fuel dealers or	136513
licensed permissive motor fuel dealers from the exchange of	136514
petroleum products, including motor fuel, between such dealers,	136515
provided that delivery of the petroleum products occurs at a	136516
refinery, terminal, pipeline, or marine vessel and that the	136517
exchanging dealers agree neither dealer shall require monetary	136518
compensation from the other for the value of the exchanged	136519
petroleum products other than such compensation for differences in	136520
product location or grade. Division (F)(2)(hh) of this section	136521
does not apply to amounts realized as a result of differences in	136522
location or grade of exchanged petroleum products or from	136523
handling, lubricity, dye, or other additive injections fees,	136524
pipeline security fees, or similar fees. As used in this division,	136525
~~"motor fuel," "licensed motor fuel dealer," "licensed permissive~~	136526
~~motor fuel dealer," and~~ "terminal" ~~have~~has the same ~~meanings~~	136527
meaning as in section 5735.01 of the Revised Code.	136528

(ii) In the case of amounts collected by a licensed casino	136529
operator from casino gaming, amounts in excess of the casino	136530
operator's gross casino revenue. In this division, "casino	136531
operator" and "casino gaming" have the meanings defined in section	136532
3772.01 of the Revised Code, and "gross casino revenue" has the	136533
meaning defined in section 5753.01 of the Revised Code.	136534

(jj) Receipts realized from the sale of agricultural	136535
commodities by an agricultural commodity handler, both as defined	136536
in section 926.01 of the Revised Code, that is licensed by the	136537
director of agriculture to handle agricultural commodities in this	136538
state.	136539

(kk) Any receipts for which the tax imposed by this chapter	136540
is prohibited by the constitution or laws of the United States or	136541
the constitution of this state.	136542

(3) In the case of a taxpayer when acting as a real estate	136543
broker, "gross receipts" includes only the portion of any fee for	136544
the service of a real estate broker, or service of a real estate	136545
salesperson associated with that broker, that is retained by the	136546
broker and not paid to an associated real estate salesperson or	136547
another real estate broker. For the purposes of this division,	136548
"real estate broker" and "real estate salesperson" have the same	136549
meanings as in section 4735.01 of the Revised Code.	136550

(4) A taxpayer's method of accounting for gross receipts for	136551
a tax period shall be the same as the taxpayer's method of	136552
accounting for federal income tax purposes for the taxpayer's	136553
federal taxable year that includes the tax period. If a taxpayer's	136554
method of accounting for federal income tax purposes changes, its	136555
method of accounting for gross receipts under this chapter shall	136556
be changed accordingly.	136557

(5) In the case of gross receipts realized from the sale,	136558
exchange, or other transfer of motor fuel, "gross receipts" for	136559
the purposes of this chapter includes only gross receipts to the	136560
extent provided under section 5751.40 of the Revised Code, subject	136561
to the exclusions under divisions (F)(2)(r) and (hh) of this	136562
section.	136563

(G) "Taxable gross receipts" means gross receipts sitused to	136564
this state under section 5751.033 of the Revised Code.	136565

(H) A person has "substantial nexus with this state" if any	136566
of the following applies. The person:	136567

(1) Owns or uses a part or all of its capital in this state;

136568

(2) Holds a certificate of compliance with the laws of this	136569
state authorizing the person to do business in this state;	136570

(3) Has bright-line presence in this state;

136571

(4) Otherwise has nexus with this state to an extent that the	136572
person can be required to remit the tax imposed under this chapter	136573
under the Constitution of the United States.	136574

(I) A person has "bright-line presence" in this state for a	136575
reporting period and for the remaining portion of the calendar	136576
year if any of the following applies. The person:	136577

(1) Has at any time during the calendar year property in this	136578
state with an aggregate value of at least fifty thousand dollars.	136579
For the purpose of division (I)(1) of this section, owned property	136580
is valued at original cost and rented property is valued at eight	136581
times the net annual rental charge.	136582

(2) Has during the calendar year payroll in this state of at	136583
least fifty thousand dollars. Payroll in this state includes all	136584
of the following:	136585

(a) Any amount subject to withholding by the person under	136586
section 5747.06 of the Revised Code;	136587

(b) Any other amount the person pays as compensation to an	136588
individual under the supervision or control of the person for work	136589
done in this state; and	136590

(c) Any amount the person pays for services performed in this	136591
state on its behalf by another.	136592

(3) Has during the calendar year taxable gross receipts of at	136593
least five hundred thousand dollars.	136594

(4) Has at any time during the calendar year within this	136595
state at least twenty-five per cent of the person's total	136596
property, total payroll, or total gross receipts.	136597

(5) Is domiciled in this state as an individual or for	136598
corporate, commercial, or other business purposes.	136599

(J) "Tangible personal property" has the same meaning as in	136600
section 5739.01 of the Revised Code.	136601

(K) "Internal Revenue Code" means the Internal Revenue Code	136602
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	136603
this chapter that is not otherwise defined has the same meaning as	136604
when used in a comparable context in the laws of the United States	136605
relating to federal income taxes unless a different meaning is	136606
clearly required. Any reference in this chapter to the Internal	136607
Revenue Code includes other laws of the United States relating to	136608
federal income taxes.	136609

(L) "Calendar quarter" means a three-month period ending on	136610
the thirty-first day of March, the thirtieth day of June, the	136611
thirtieth day of September, or the thirty-first day of December.	136612

(M) "Tax period" means the calendar quarter or calendar year	136613
on the basis of which a taxpayer is required to pay the tax	136614
imposed under this chapter.	136615

(N) "Calendar year taxpayer" means a taxpayer for which the	136616
tax period is a calendar year.	136617

(O) "Calendar quarter taxpayer" means a taxpayer for which	136618
the tax period is a calendar quarter.	136619

(P) "Agent" means a person authorized by another person to	136620
act on its behalf to undertake a transaction for the other,	136621
including any of the following:	136622

(1) A person receiving a fee to sell financial instruments;

136623

(2) A person retaining only a commission from a transaction	136624
with the other proceeds from the transaction being remitted to	136625
another person;	136626

(3) A person issuing licenses and permits under section	136627
1533.13 of the Revised Code;	136628

(4) A lottery sales agent holding a valid license issued	136629
under section 3770.05 of the Revised Code;	136630

(5) A person acting as an agent of the division of liquor	136631
control under section 4301.17 of the Revised Code.	136632

(Q) "Received" includes amounts accrued under the accrual	136633
method of accounting.	136634

(R) "Reporting person" means a person in a consolidated	136635
elected taxpayer or combined taxpayer group that is designated by	136636
that group to legally bind the group for all filings and tax	136637
liabilities and to receive all legal notices with respect to	136638
matters under this chapter, or, for the purposes of section	136639
5751.04 of the Revised Code, a separate taxpayer that is not a	136640
member of such a group.	136641

(S) "Motor fuel," "motor fuel dealer," "licensed motor fuel	136642
dealer," "licensed retail dealer," and "licensed permissive motor	136643
fuel dealer" have the same meanings as in section 5735.01 of the	136644
Revised Code, except that "motor fuel" does not include dyed	136645
diesel fuel as defined in that section or motor fuel sold	136646
exclusively for use in the operation of aircraft and exempted from	136647
the motor fuel excise tax under division (A)(7) of section 5735.05	136648
of the Revised Code.	136649

Sec. 5751.011. (A) A group of two or more persons may elect	136650
to be a consolidated elected taxpayer for the purposes of this	136651
chapter if the group satisfies all of the following requirements:	136652

(1) The group elects to include all persons, including	136653
persons enumerated in divisions (E)(2) to (5) of section 5751.01	136654
of the Revised Code, having at least eighty per cent, or having at	136655
least fifty per cent, of the value of their ownership interests	136656
owned or controlled, directly or constructively through related	136657
interests, by common owners during all or any portion of the tax	136658
period, together with the common owners.	136659

A group making its initial election on the basis of the	136660
eighty per cent ownership test may change its election so that its	136661
consolidated elected taxpayer group is formed on the basis of the	136662
fifty per cent ownership test if all of the following are	136663
satisfied:	136664

(a) When the initial election was made, the group did not	136665
have any persons satisfying the fifty per cent ownership test;	136666

(b) One or more of the persons in the initial group	136667
subsequently acquires ownership interests in a person such that	136668
the fifty per cent ownership test is satisfied, the eighty per	136669
cent ownership test is not satisfied, and the acquired person	136670
would be required to be included in a combined taxpayer group	136671
under section 5751.012 of the Revised Code;	136672

(c) The group requests the change in writing to the	136673
commissioner as required by division (D) of this section;	136674

(d) The group has not previously changed its election.

136675

At the election of the group, all entities that are not	136676
incorporated or formed under the laws of a state or of the United	136677
States and that meet the consolidated elected ownership test shall	136678
either be included in the group or all shall be excluded from the	136679
group. If, at the time of registration, the group does not include	136680
any such entities that meet the consolidated elected ownership	136681
test, the group shall elect to either include or exclude the newly	136682
acquired entities before the due date of the first return due	136683
after the date of the acquisition.	136684

If fifty per cent of the value of a person's ownership	136685
interests is owned or controlled by each of two consolidated	136686
elected taxpayer groups formed under the fifty per cent ownership	136687
or control test, that person is a member of each group for the	136688
purposes of this section, and each group shall include in the	136689
group's taxable gross receipts fifty per cent of that person's	136690
taxable gross receipts. Otherwise, all of that person's taxable	136691
gross receipts shall be included in the taxable gross receipts of	136692
the consolidated elected taxpayer group of which the person is a	136693
member. In no event shall the ownership or control of fifty per	136694
cent of the value of a person's ownership interests by two	136695
otherwise unrelated groups form the basis for consolidating the	136696
groups into a single consolidated elected taxpayer group or permit	136697
any exclusion under division (C) of this section of taxable gross	136698
receipts between members of the two groups. Division (A)(3) of	136699
this section applies with respect to the elections described in	136700
this division.	136701

(2) The group makes the election to be treated as a	136702
consolidated elected taxpayer in the manner prescribed under	136703
division (D) of this section.	136704

(3) Subject to review and audit by the tax commissioner, the	136705
group agrees that all of the following apply:	136706

(a) The group shall file reports as a single taxpayer for at	136707
least the next eight calendar quarters following the election so	136708
long as at least two or more of the members of the group meet the	136709
requirements of division (A)(1) of this section.	136710

(b) Before the expiration of the eighth such calendar	136711
quarter, the group shall notify the commissioner if it elects to	136712
cancel its designation as a consolidated elected taxpayer. If the	136713
group does not so notify the tax commissioner, the election	136714
remains in effect for another eight calendar quarters.	136715

(c) If, at any time during any of those eight calendar	136716
quarters following the election, a former member of the group no	136717
longer meets the requirements under division (A)(1) of this	136718
section, that member shall report and pay the tax imposed under	136719
this chapter separately, as a member of a combined taxpayer, or,	136720
if the former member satisfies such requirements with respect to	136721
another consolidated elected group, as a member of that	136722
consolidated elected group.	136723

(d) The group agrees to the application of division (B) of	136724
this section.	136725

(B) A group of persons making the election under this section	136726
shall report and pay tax on all of the group's taxable gross	136727
receipts even if substantial nexus with this state does not exist	136728
for one or more persons in the group.	136729

(C)(1)(a) Members of a consolidated elected taxpayer group	136730
shall exclude gross receipts among persons included in the	136731
consolidated elected taxpayer group, except for any such person's	136732
gross receipts from motor fuel determined under section 5751.40 of	136733
the Revised Code.	136734

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	136735
section, nothing in this section shall have the effect of	136736
requiring a consolidated elected taxpayer group to include gross	136737
receipts received by a person enumerated in divisions (E)(2) to	136738
(5) of section 5751.01 of the Revised Code if that person is a	136739
member of the group pursuant to the elections made by the group	136740
under division (A)(1) of this section.	136741

(c)(i) As used in division (C)(1)(c) of this section, "dealer	136742
transfer" means a transfer of property that satisfies both of the	136743
following: (I) the property is directly transferred by any means	136744
from one member of the group to another member of the group that	136745
is a dealer in intangibles but is not a qualifying dealer as	136746
defined in section 5707.031 of the Revised Code; and (II) the	136747
property is subsequently delivered by the dealer in intangibles to	136748
a person that is not a member of the group.	136749

(ii) In the event of a dealer transfer, a consolidated	136750
elected taxpayer group shall not exclude, under division (C) of	136751
this section, gross receipts from the transfer described in	136752
division (C)(1)(c)(i)(I) of this section.	136753

(2) Gross receipts related to the sale or transmission of	136754
electricity through the use of an intermediary regional	136755
transmission organization approved by the federal energy	136756
regulatory commission shall be excluded from taxable gross	136757
receipts under division (C)(1) of this section if all other	136758
requirements of that division are met, even if the receipts are	136759
from and to the same member of the group.	136760

(D) To make the election to be a consolidated elected	136761
taxpayer, a group of persons shall notify the commissioner of the	136762
election on a form prescribed by the commissioner for that	136763
purpose, which shall be signed by one or more individuals with	136764
authority, separately or together, to make a binding election on	136765
behalf of all persons in the group. Elections under division (A)	136766
of this section shall be made on or before the due date for filing	136767
the first return due after the election applies.	136768

Any person acquired or formed after the filing of the	136769
registration shall be included in the group if the person meets	136770
the requirements of division (A)(1) of this section, and the group	136771
shall notify the commissioner of any additions to the group on a	136772
form prescribed by the commissioner for such purpose.	136773

Sec. 5751.02. (A) For the purpose of funding the needs of	136774
this state and its local governments and providing revenue to the	136775
commercial activity tax motor fuel receipts fund, there is hereby	136776
levied a commercial activity tax on each person with taxable gross	136777
receipts for the privilege of doing business in this state. For	136778
the purposes of this chapter, "doing business" means engaging in	136779
any activity, whether legal or illegal, that is conducted for, or	136780
results in, gain, profit, or income, at any time during a calendar	136781
year. Persons on which the commercial activity tax is levied	136782
include, but are not limited to, persons with substantial nexus	136783
with this state. The tax imposed under this section is not a	136784
transactional tax and is not subject to Public Law No. 86-272, 73	136785
Stat. 555. The tax imposed under this section is in addition to	136786
any other taxes or fees imposed under the Revised Code. The tax	136787
levied under this section is imposed on the person receiving the	136788
gross receipts and is not a tax imposed directly on a purchaser.	136789
The tax imposed by this section is an annual privilege tax for the	136790
calendar year that, in the case of calendar year taxpayers, is the	136791
annual tax period and, in the case of calendar quarter taxpayers,	136792
contains all quarterly tax periods in the calendar year. A	136793
taxpayer is subject to the annual privilege tax for doing business	136794
during any portion of such calendar year.	136795

(B) The tax imposed by this section is a tax on the taxpayer	136796
and shall not be billed or invoiced to another person. Even if the	136797
tax or any portion thereof is billed or invoiced and separately	136798
stated, such amounts remain part of the price for purposes of the	136799
sales and use taxes levied under Chapters 5739. and 5741. of the	136800
Revised Code. Nothing in division (B) of this section prohibits:	136801

(1) A person from including in the price charged for a good	136802
or service an amount sufficient to recover the tax imposed by this	136803
section; or	136804

(2) A lessor from including an amount sufficient to recover	136805
the tax imposed by this section in a lease payment charged, or	136806
from including such an amount on a billing or invoice pursuant to	136807
the terms of a written lease agreement providing for the recovery	136808
of the lessor's tax costs. The recovery of such costs shall be	136809
based on an estimate of the total tax cost of the lessor during	136810
the tax period, as the tax liability of the lessor cannot be	136811
calculated until the end of that period.	136812

Division (B) of this section does not apply to the tax	136813
imposed under this section on the basis of gross receipts	136814
described in division (B) of section 5751.40 of the Revised Code.	136815

Sec. 5751.03. (A) Except as provided in division (B) of this	136816
section and in section 5751.031 of the Revised Code, the tax	136817
levied under this section for each tax period shall be ~~the product~~	136818
~~of two and six-tenths mills per dollar times the remainder of~~	136819
calculated by subtracting from the taxpayer's taxable gross	136820
receipts ~~for the tax period after subtracting~~ the exclusion amount	136821
provided for in division (C) of this section and totaling the	136822
products obtained by multiplying the remainder of the taxpayer's	136823
taxable gross receipts by the following applicable amounts:	136824

(1) In the case of taxable gross receipts from the sale,	136825
exchange, or other transfer of motor fuel, six and five-tenths	136826
mills per dollar;	136827

(2) In the case of all other taxable gross receipts, two and	136828
six-tenths mills per dollar.	136829

(B) Notwithstanding division (C) of this section, the tax on	136830
the first one million dollars in taxable gross receipts each	136831
calendar year shall be one hundred fifty dollars. The tax imposed	136832
under this division shall be paid not later than the tenth day of	136833
May of each year along with the first quarter or annual tax	136834
return, as applicable.	136835

(C)(1) Each taxpayer may exclude the first one million	136836
dollars of taxable gross receipts for a calendar year. Calendar	136837
quarter taxpayers shall apply the full exclusion amount to the	136838
first calendar quarter return the taxpayer files that calendar	136839
year and may carry forward and apply any unused exclusion amount	136840
to subsequent calendar quarters within that same calendar year.	136841

(2) A taxpayer switching from a calendar year tax period to a	136842
calendar quarter tax period may, for the first quarter of the	136843
change, apply the full one-million-dollar exclusion amount to the	136844
first calendar quarter return the taxpayer files that calendar	136845
year. Such taxpayers may carry forward and apply any unused	136846
exclusion amount to subsequent calendar quarters within that same	136847
calendar year. The tax rate shall be based on the rate imposed	136848
that calendar quarter when the taxpayer switches from a calendar	136849
year to a calendar quarter tax period.	136850

(3) A taxpayer shall not exclude more than one million	136851
dollars pursuant to division (C) of this section in a calendar	136852
year.	136853

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	136854
~~calendar quarter~~under this chapter shall remit each tax payment,	136855
and, if required by the tax commissioner, file the tax return or	136856
the annual report, electronically. The commissioner may require	136857
taxpayers to use the Ohio business gateway as defined in section	136858
718.051 of the Revised Code to file returns and remit the tax, or	136859
may provide another means for taxpayers to file and remit the tax	136860
electronically.	136861

(B) A person required by this section to remit taxes or file	136862
returns electronically may apply to the tax commissioner, on the	136863
form prescribed by the commissioner, to be excused from that	136864
requirement. The commissioner may excuse a person from the	136865
requirements of this division for good cause.	136866

(C)(1) If a person required to remit taxes or file a return	136867
electronically under this section fails to do so, the commissioner	136868
may impose a penalty not to exceed the following:	136869

(a) For either of the first two ~~calendar quarters~~tax periods	136870
the person so fails, the greater of twenty-five dollars or five	136871
per cent of the amount of the payment that was required to be	136872
remitted;	136873

(b) For the third and any subsequent ~~calendar quarters~~tax	136874
periods the person so fails, the greater of fifty dollars or ten	136875
per cent of the amount of the payment that was required to be	136876
remitted.	136877

(2) The penalty imposed under division (C)(1) of this section	136878
is in addition to any other penalty imposed under this chapter and	136879
shall be considered as revenue arising from the tax imposed under	136880
this chapter. A penalty may be collected by assessment in the	136881
manner prescribed by section 5751.09 of the Revised Code. The tax	136882
commissioner may abate all or a portion of such a penalty.	136883

(D) The tax commissioner may adopt rules necessary to	136884
administer this section.	136885

Sec. 5751.081. As used in this section, "debt to this state"	136886
means unpaid taxes due the state, unpaid workers' compensation	136887
premiums due under section 4123.35 of the Revised Code, unpaid	136888
unemployment compensation contributions due under section 4141.25	136889
of the Revised Code, unpaid unemployment compensation payment in	136890
lieu of contribution under section 4141.241 of the Revised Code,	136891
unpaid fee payable to the state or to the clerk of courts pursuant	136892
to section 4505.06 of the Revised Code, incorrect ~~medical~~	136893
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	136894
~~the Revised Code~~the medicaid program, or any unpaid charge,	136895
penalty, or interest arising from any of the foregoing.	136896

If a taxpayer entitled to a refund under section 5751.08 of	136897
the Revised Code owes any debt to this state, the amount	136898
refundable may be applied in satisfaction of the debt. If the	136899
amount refundable is less than the amount of the debt, it may be	136900
applied in partial satisfaction of the debt. If the amount	136901
refundable is greater than the amount of the debt, the amount	136902
remaining after satisfaction of the debt shall be refunded. This	136903
section applies only to debts that have become final. For the	136904
purposes of this section, a debt becomes final when, under the	136905
applicable law, any time provided for petition for reassessment,	136906
request for reconsideration, or other appeal of the legality or	136907
validity of the amount giving rise to the debt expires without an	136908
appeal having been filed in the manner provided by law.	136909

Sec. 5751.09. (A) The tax commissioner may make an	136910
assessment, based on any information in the commissioner's	136911
possession, against any person that fails to file a return or pay	136912
any tax as required by this chapter. The commissioner shall give	136913
the person assessed written notice of the assessment as provided	136914
in section 5703.37 of the Revised Code. With the notice, the	136915
commissioner shall provide instructions on the manner in which to	136916
petition for reassessment and request a hearing with respect to	136917
the petition. The commissioner shall send any assessments against	136918
consolidated elected taxpayer and combined taxpayer groups under	136919
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	136920
"reporting person" as defined under division (R) of section	136921
5751.01 of the Revised Code. The reporting person shall notify all	136922
members of the group of the assessment and all outstanding taxes,	136923
interest, and penalties for which the assessment is issued.	136924

(B) Unless the person assessed, within sixty days after	136925
service of the notice of assessment, files with the tax	136926
commissioner, either personally or by certified mail, a written	136927
petition signed by the person or the person's authorized agent	136928
having knowledge of the facts, the assessment becomes final, and	136929
the amount of the assessment is due and payable from the person	136930
assessed to the treasurer of state. The petition shall indicate	136931
the objections of the person assessed, but additional objections	136932
may be raised in writing if received by the commissioner prior to	136933
the date shown on the final determination.	136934

If a petition for reassessment has been properly filed, the	136935
commissioner shall proceed under section 5703.60 of the Revised	136936
Code.	136937

(C)(1) After an assessment becomes final, if any portion of	136938
the assessment, including accrued interest, remains unpaid, a	136939
certified copy of the tax commissioner's entry making the	136940
assessment final may be filed in the office of the clerk of the	136941
court of common pleas in the county in which the person resides or	136942
has its principal place of business in this state, or in the	136943
office of the clerk of court of common pleas of Franklin county.	136944

(2) Immediately upon the filing of the entry, the clerk shall	136945
enter judgment for the state against the person assessed in the	136946
amount shown on the entry. The judgment may be filed by the clerk	136947
in a loose-leaf book entitled, "special judgments for the	136948
commercial activity tax" and shall have the same effect as other	136949
judgments. Execution shall issue upon the judgment at the request	136950
of the tax commissioner, and all laws applicable to sales on	136951
execution shall apply to sales made under the judgment.	136952

(3) ~~The portion of~~If the assessment is not paid in its	136953
entirety within sixty days after the day the assessment was	136954
issued, the portion of the assessment consisting of tax due shall	136955
bear interest at the rate per annum prescribed by section 5703.47	136956
of the Revised Code from the day the tax commissioner issues the	136957
assessment until it is paid or until it is certified to the	136958
attorney general for collection under section 131.02 of the	136959
Revised Code, whichever comes first. If the unpaid portion of the	136960
assessment is certified to the attorney general for collection,	136961
the entire unpaid portion of the assessment shall bear interest at	136962
the rate per annum prescribed by section 5703.47 of the Revised	136963
Code from the date of certification until the date it is paid in	136964
its entirety. Interest shall be paid in the same manner as the tax	136965
and may be collected by the issuance of an assessment under this	136966
section.	136967

(D) If the tax commissioner believes that collection of the	136968
tax will be jeopardized unless proceedings to collect or secure	136969
collection of the tax are instituted without delay, the	136970
commissioner may issue a jeopardy assessment against the person	136971
liable for the tax. Immediately upon the issuance of the jeopardy	136972
assessment, the commissioner shall file an entry with the clerk of	136973
the court of common pleas in the manner prescribed by division (C)	136974
of this section. Notice of the jeopardy assessment shall be served	136975
on the person assessed or the person's authorized agent in the	136976
manner provided in section 5703.37 of the Revised Code within five	136977
days of the filing of the entry with the clerk. The total amount	136978
assessed is immediately due and payable, unless the person	136979
assessed files a petition for reassessment in accordance with	136980
division (B) of this section and provides security in a form	136981
satisfactory to the commissioner and in an amount sufficient to	136982
satisfy the unpaid balance of the assessment. Full or partial	136983
payment of the assessment does not prejudice the commissioner's	136984
consideration of the petition for reassessment.	136985

(E) The tax commissioner shall immediately forward to the	136986
treasurer of state all amounts the commissioner receives under	136987
this section, and such amounts shall be considered as revenue	136988
arising from the tax imposed under this chapter.	136989

(F) Except as otherwise provided in this division, no	136990
assessment shall be made or issued against a taxpayer for the tax	136991
imposed under this chapter more than four years after the due date	136992
for the filing of the return for the tax period for which the tax	136993
was reported, or more than four years after the return for the tax	136994
period was filed, whichever is later. The time limit may be	136995
extended if both the taxpayer and the commissioner consent in	136996
writing to the extension or enter into an agreement waiving or	136997
extending the time limit. Any such extension shall extend the	136998
four-year time limit in division (B) of section 5751.08 of the	136999
Revised Code for the same period of time. Nothing in this division	137000
bars an assessment against a taxpayer that fails to file a return	137001
required by this chapter or that files a fraudulent return.	137002

(G) If the tax commissioner possesses information that	137003
indicates that the amount of tax a taxpayer is required to pay	137004
under this chapter exceeds the amount the taxpayer paid, the tax	137005
commissioner may audit a sample of the taxpayer's gross receipts	137006
over a representative period of time to ascertain the amount of	137007
tax due, and may issue an assessment based on the audit. The tax	137008
commissioner shall make a good faith effort to reach agreement	137009
with the taxpayer in selecting a representative sample. The tax	137010
commissioner may apply a sampling method only if the commissioner	137011
has prescribed the method by rule.	137012

(H) If the whereabouts of a person subject to this chapter is	137013
not known to the tax commissioner, the commissioner shall follow	137014
the procedures under section 5703.37 of the Revised Code.	137015

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	137016
the Revised Code:	137017

(1) "School district," "joint vocational school district,"	137018
"local taxing unit," "recognized valuation," "fixed-rate levy,"	137019
and "fixed-sum levy" have the same meanings as used in section	137020
5727.84 of the Revised Code.	137021

(2) "State education aid" for a school district means the	137022
following:	137023

(a) For fiscal years prior to fiscal year 2010, the sum of	137024
state aid amounts computed for the district under the following	137025
provisions, as they existed for the applicable fiscal year:	137026
division (A) of section 3317.022 of the Revised Code, including	137027
the amounts calculated under ~~sections~~former section 3317.029 and	137028
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	137029
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	137030
of section 3317.023; divisions (L) and (N) of section 3317.024;	137031
section 3317.0216; and any unit payments for gifted student	137032
services paid under ~~sections~~section 3317.05,and former sections	137033
3317.052, and 3317.053 of the Revised Code; except that, for	137034
fiscal years 2008 and 2009, the amount computed for the district	137035
under Section 269.20.80 of H.B. 119 of the 127th general assembly	137036
and as that section subsequently may be amended shall be	137037
substituted for the amount computed under division (D) of section	137038
3317.022 of the Revised Code, and the amount computed under	137039
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	137040
that section subsequently may be amended shall be included.	137041

(b) For fiscal years 2010 and 2011, the sum of the amounts	137042
computed under former sections 3306.052, 3306.12, 3306.13,	137043
3306.19, 3306.191, and 3306.192 of the Revised Code;	137044

(c) For fiscal years 2012 and 2013, the sum of the amounts	137045
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	137046
153 of the 129th general assembly;	137047

(d) For fiscal year 2014 and each fiscal year thereafter, the	137048
sum of state amounts computed for the district under section	137049
3317.022 of the Revised Code; except that, for fiscal years 2014	137050
and 2015, the amount computed for the district under the section	137051
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	137052
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	137053

(3) "State education aid" for a joint vocational school	137054
district means the following:	137055

(a) For fiscal years prior to fiscal year 2010, the sum of	137056
the state aid computed for the district under division (N) of	137057
section 3317.024 and former section 3317.16 of the Revised Code,	137058
except that, for fiscal years 2008 and 2009, the amount computed	137059
under Section 269.30.80 of H.B. 119 of the 127th general assembly	137060
and as that section subsequently may be amended shall be included.	137061

(b) For fiscal years 2010 and 2011, the amount paid in	137062
accordance with Section 265.30.50 of H.B. 1 of the 128th general	137063
assembly.	137064

(c) For fiscal years 2012 and 2013, the amount paid in	137065
accordance with Section 267.30.60 of H.B. 153 of the 129th general	137066
assembly.	137067

(d) For fiscal year 2014 and each fiscal year thereafter, the	137068
amount computed for the district under section 3317.16 of the	137069
Revised Code; except that, for fiscal years 2014 and 2015, the	137070
amount computed for the district under the section of this act	137071
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	137072
shall be included.	137073

(4) "State education aid offset" means the amount determined	137074
for each school district or joint vocational school district under	137075
division (A)(1) of section 5751.21 of the Revised Code.	137076

(5) "Machinery and equipment property tax value loss" means	137077
the amount determined under division (C)(1) of this section.	137078

(6) "Inventory property tax value loss" means the amount	137079
determined under division (C)(2) of this section.	137080

(7) "Furniture and fixtures property tax value loss" means	137081
the amount determined under division (C)(3) of this section.	137082

(8) "Machinery and equipment fixed-rate levy loss" means the	137083
amount determined under division (D)(1) of this section.	137084

(9) "Inventory fixed-rate levy loss" means the amount	137085
determined under division (D)(2) of this section.	137086

(10) "Furniture and fixtures fixed-rate levy loss" means the	137087
amount determined under division (D)(3) of this section.	137088

(11) "Total fixed-rate levy loss" means the sum of the	137089
machinery and equipment fixed-rate levy loss, the inventory	137090
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	137091
loss, and the telephone company fixed-rate levy loss.	137092

(12) "Fixed-sum levy loss" means the amount determined under	137093
division (E) of this section.	137094

(13) "Machinery and equipment" means personal property	137095
subject to the assessment rate specified in division (F) of	137096
section 5711.22 of the Revised Code.	137097

(14) "Inventory" means personal property subject to the	137098
assessment rate specified in division (E) of section 5711.22 of	137099
the Revised Code.	137100

(15) "Furniture and fixtures" means personal property subject	137101
to the assessment rate specified in division (G) of section	137102
5711.22 of the Revised Code.	137103

(16) "Qualifying levies" are levies in effect for tax year	137104
2004 or applicable to tax year 2005 or approved at an election	137105
conducted before September 1, 2005. For the purpose of determining	137106
the rate of a qualifying levy authorized by section 5705.212 or	137107
5705.213 of the Revised Code, the rate shall be the rate that	137108
would be in effect for tax year 2010.	137109

(17) "Telephone property" means tangible personal property of	137110
a telephone, telegraph, or interexchange telecommunications	137111
company subject to an assessment rate specified in section	137112
5727.111 of the Revised Code in tax year 2004.	137113

(18) "Telephone property tax value loss" means the amount	137114
determined under division (C)(4) of this section.	137115

(19) "Telephone property fixed-rate levy loss" means the	137116
amount determined under division (D)(4) of this section.	137117

(20) "Taxes charged and payable" means taxes charged and	137118
payable after the reduction required by section 319.301 of the	137119
Revised Code but before the reductions required by sections	137120
319.302 and 323.152 of the Revised Code.	137121

(21) "Median estate tax collections" means, in the case of a	137122
municipal corporation to which revenue from the taxes levied in	137123
Chapter 5731. of the Revised Code was distributed in each of	137124
calendar years 2006, 2007, 2008, and 2009, the median of those	137125
distributions. In the case of a municipal corporation to which no	137126
distributions were made in one or more of those years, "median	137127
estate tax collections" means zero.	137128

(22) "Total resources," in the case of a school district,	137129
means the sum of the amounts in divisions (A)(22)(a) to (h) of	137130
this section less any reduction required under division (A)(32) or	137131
(33) of this section.	137132

(a) The state education aid for fiscal year 2010;

137133

(b) The sum of the payments received by the school district	137134
in fiscal year 2010 for current expense levy losses pursuant to	137135
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	137136
section 5751.21 of the Revised Code, excluding the portion of such	137137
payments attributable to levies for joint vocational school	137138
district purposes;	137139

(c) The sum of fixed-sum levy loss payments received by the	137140
school district in fiscal year 2010 pursuant to division (E)(1) of	137141
section 5727.85 and division (E)(1) of section 5751.21 of the	137142
Revised Code for fixed-sum levies charged and payable for a	137143
purpose other than paying debt charges;	137144

(d) Fifty per cent of the school district's taxes charged and	137145
payable against all property on the tax list of real and public	137146
utility property for current expense purposes for tax year 2008,	137147
including taxes charged and payable from emergency levies charged	137148
and payable under section 5709.194 of the Revised Code and	137149
excluding taxes levied for joint vocational school district	137150
purposes;	137151

(e) Fifty per cent of the school district's taxes charged and	137152
payable against all property on the tax list of real and public	137153
utility property for current expenses for tax year 2009, including	137154
taxes charged and payable from emergency levies and excluding	137155
taxes levied for joint vocational school district purposes;	137156

(f) The school district's taxes charged and payable against	137157
all property on the general tax list of personal property for	137158
current expenses for tax year 2009, including taxes charged and	137159
payable from emergency levies;	137160

(g) The amount certified for fiscal year 2010 under division	137161
(A)(2) of section 3317.08 of the Revised Code;	137162

(h) Distributions received during calendar year 2009 from	137163
taxes levied under section 718.09 of the Revised Code.	137164

(23) "Total resources," in the case of a joint vocational	137165
school district, means the sum of amounts in divisions (A)(23)(a)	137166
to (g) of this section less any reduction required under division	137167
(A)(32) of this section.	137168

(a) The state education aid for fiscal year 2010;

137169

(b) The sum of the payments received by the joint vocational	137170
school district in fiscal year 2010 for current expense levy	137171
losses pursuant to division (C)(2) of section 5727.85 and	137172
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	137173

(c) Fifty per cent of the joint vocational school district's	137174
taxes charged and payable against all property on the tax list of	137175
real and public utility property for current expense purposes for	137176
tax year 2008;	137177

(d) Fifty per cent of the joint vocational school district's	137178
taxes charged and payable against all property on the tax list of	137179
real and public utility property for current expenses for tax year	137180
2009;	137181

(e) Fifty per cent of a city, local, or exempted village	137182
school district's taxes charged and payable against all property	137183
on the tax list of real and public utility property for current	137184
expenses of the joint vocational school district for tax year	137185
2008;	137186

(f) Fifty per cent of a city, local, or exempted village	137187
school district's taxes charged and payable against all property	137188
on the tax list of real and public utility property for current	137189
expenses of the joint vocational school district for tax year	137190
2009;	137191

(g) The joint vocational school district's taxes charged and	137192
payable against all property on the general tax list of personal	137193
property for current expenses for tax year 2009.	137194

(24) "Total resources," in the case of county mental health	137195
and disability related functions, means the sum of the amounts in	137196
divisions (A)(24)(a) and (b) of this section less any reduction	137197
required under division (A)(32) of this section.	137198

(a) The sum of the payments received by the county for mental	137199
health and developmental disability related functions in calendar	137200
year 2010 under division (A)(1) of section 5727.86 and divisions	137201
(A)(1) and (2) of section 5751.22 of the Revised Code as they	137202
existed at that time;	137203

(b) With respect to taxes levied by the county for mental	137204
health and developmental disability related purposes, the taxes	137205
charged and payable for such purposes against all property on the	137206
tax list of real and public utility property for tax year 2009.	137207

(25) "Total resources," in the case of county senior services	137208
related functions, means the sum of the amounts in divisions	137209
(A)(25)(a) and (b) of this section less any reduction required	137210
under division (A)(32) of this section.	137211

(a) The sum of the payments received by the county for senior	137212
services related functions in calendar year 2010 under division	137213
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	137214
5751.22 of the Revised Code as they existed at that time;	137215

(b) With respect to taxes levied by the county for senior	137216
services related purposes, the taxes charged and payable for such	137217
purposes against all property on the tax list of real and public	137218
utility property for tax year 2009.	137219

(26) "Total resources," in the case of county children's	137220
services related functions, means the sum of the amounts in	137221
divisions (A)(26)(a) and (b) of this section less any reduction	137222
required under division (A)(32) of this section.	137223

(a) The sum of the payments received by the county for	137224
children's services related functions in calendar year 2010 under	137225
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	137226
section 5751.22 of the Revised Code as they existed at that time;	137227

(b) With respect to taxes levied by the county for children's	137228
services related purposes, the taxes charged and payable for such	137229
purposes against all property on the tax list of real and public	137230
utility property for tax year 2009.	137231

(27) "Total resources," in the case of county public health	137232
related functions, means the sum of the amounts in divisions	137233
(A)(27)(a) and (b) of this section less any reduction required	137234
under division (A)(32) of this section.	137235

(a) The sum of the payments received by the county for public	137236
health related functions in calendar year 2010 under division	137237
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	137238
5751.22 of the Revised Code as they existed at that time;	137239

(b) With respect to taxes levied by the county for public	137240
health related purposes, the taxes charged and payable for such	137241
purposes against all property on the tax list of real and public	137242
utility property for tax year 2009.	137243

(28) "Total resources," in the case of all county functions	137244
not included in divisions (A)(24) to (27) of this section, means	137245
the sum of the amounts in divisions (A)(28)(a) to (d) of this	137246
section less any reduction required under division (A)(32) or (33)	137247
of this section.	137248

(a) The sum of the payments received by the county for all	137249
other purposes in calendar year 2010 under division (A)(1) of	137250
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	137251
the Revised Code as they existed at that time;	137252

(b) The county's percentage share of county undivided local	137253
government fund allocations as certified to the tax commissioner	137254
for calendar year 2010 by the county auditor under division (J) of	137255
section 5747.51 of the Revised Code or division (F) of section	137256
5747.53 of the Revised Code multiplied by the total amount	137257
actually distributed in calendar year 2010 from the county	137258
undivided local government fund;	137259

(c) With respect to taxes levied by the county for all other	137260
purposes, the taxes charged and payable for such purposes against	137261
all property on the tax list of real and public utility property	137262
for tax year 2009, excluding taxes charged and payable for the	137263
purpose of paying debt charges;	137264

(d) The sum of the amounts distributed to the county in	137265
calendar year 2010 for the taxes levied pursuant to sections	137266
5739.021 and 5741.021 of the Revised Code.	137267

(29) "Total resources," in the case of a municipal	137268
corporation, means the sum of the amounts in divisions (A)(29)(a)	137269
to (g) of this section less any reduction required under division	137270
(A)(32) or (33) of this section.	137271

(a) The sum of the payments received by the municipal	137272
corporation in calendar year 2010 for current expense levy losses	137273
under division (A)(1) of section 5727.86 and divisions (A)(1) and	137274
(2) of section 5751.22 of the Revised Code as they existed at that	137275
time;	137276

(b) The municipal corporation's percentage share of county	137277
undivided local government fund allocations as certified to the	137278
tax commissioner for calendar year 2010 by the county auditor	137279
under division (J) of section 5747.51 of the Revised Code or	137280
division (F) of section 5747.53 of the Revised Code multiplied by	137281
the total amount actually distributed in calendar year 2010 from	137282
the county undivided local government fund;	137283

(c) The sum of the amounts distributed to the municipal	137284
corporation in calendar year 2010 pursuant to section 5747.50 of	137285
the Revised Code;	137286

(d) With respect to taxes levied by the municipal	137287
corporation, the taxes charged and payable against all property on	137288
the tax list of real and public utility property for current	137289
expenses, defined in division (A)(35) of this section, for tax	137290
year 2009;	137291

(e) The amount of admissions tax collected by the municipal	137292
corporation in calendar year 2008, or if such information has not	137293
yet been reported to the tax commissioner, in the most recent year	137294
before 2008 for which the municipal corporation has reported data	137295
to the commissioner;	137296

(f) The amount of income taxes collected by the municipal	137297
corporation in calendar year 2008, or if such information has not	137298
yet been reported to the tax commissioner, in the most recent year	137299
before 2008 for which the municipal corporation has reported data	137300
to the commissioner;	137301

(g) The municipal corporation's median estate tax	137302
collections.	137303

(30) "Total resources," in the case of a township, means the	137304
sum of the amounts in divisions (A)(30)(a) to (c) of this section	137305
less any reduction required under division (A)(32) or (33) of this	137306
section.	137307

(a) The sum of the payments received by the township in	137308
calendar year 2010 pursuant to division (A)(1) of section 5727.86	137309
of the Revised Code and divisions (A)(1) and (2) of section	137310
5751.22 of the Revised Code as they existed at that time,	137311
excluding payments received for debt purposes;	137312

(b) The township's percentage share of county undivided local	137313
government fund allocations as certified to the tax commissioner	137314
for calendar year 2010 by the county auditor under division (J) of	137315
section 5747.51 of the Revised Code or division (F) of section	137316
5747.53 of the Revised Code multiplied by the total amount	137317
actually distributed in calendar year 2010 from the county	137318
undivided local government fund;	137319

(c) With respect to taxes levied by the township, the taxes	137320
charged and payable against all property on the tax list of real	137321
and public utility property for tax year 2009 excluding taxes	137322
charged and payable for the purpose of paying debt charges.	137323

(31) "Total resources," in the case of a local taxing unit	137324
that is not a county, municipal corporation, or township, means	137325
the sum of the amounts in divisions (A)(31)(a) to (e) of this	137326
section less any reduction required under division (A)(32) of this	137327
section.	137328

(a) The sum of the payments received by the local taxing unit	137329
in calendar year 2010 pursuant to division (A)(1) of section	137330
5727.86 of the Revised Code and divisions (A)(1) and (2) of	137331
section 5751.22 of the Revised Code as they existed at that time;	137332

(b) The local taxing unit's percentage share of county	137333
undivided local government fund allocations as certified to the	137334
tax commissioner for calendar year 2010 by the county auditor	137335
under division (J) of section 5747.51 of the Revised Code or	137336
division (F) of section 5747.53 of the Revised Code multiplied by	137337
the total amount actually distributed in calendar year 2010 from	137338
the county undivided local government fund;	137339

(c) With respect to taxes levied by the local taxing unit,	137340
the taxes charged and payable against all property on the tax list	137341
of real and public utility property for tax year 2009 excluding	137342
taxes charged and payable for the purpose of paying debt charges;	137343

(d) The amount received from the tax commissioner during	137344
calendar year 2010 for sales or use taxes authorized under	137345
sections 5739.023 and 5741.022 of the Revised Code;	137346

(e) For institutions of higher education receiving tax	137347
revenue from a local levy, as identified in section 3358.02 of the	137348
Revised Code, the final state share of instruction allocation for	137349
fiscal year 2010 as calculated by the board of regents and	137350
reported to the state controlling board.	137351

(32) If a fixed-rate levy that is a qualifying levy is not	137352
charged and payable in any year after tax year 2010, "total	137353
resources" used to compute payments to be made under division	137354
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	137355
5751.22 of the Revised Code in the tax years following the last	137356
year the levy is charged and payable shall be reduced to the	137357
extent that the payments are attributable to the fixed-rate levy	137358
loss of that levy as would be computed under division (C)(2) of	137359
section 5727.85, division (A)(1) of section 5727.85, divisions	137360
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	137361
5751.22 of the Revised Code.	137362

(33) In the case of a county, municipal corporation, school	137363
district, or township with fixed-rate levy losses attributable to	137364
a tax levied under section 5705.23 of the Revised Code, "total	137365
resources" used to compute payments to be made under division	137366
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	137367
division (C)(12) of section 5751.21, or division (A)(1)(c) of	137368
section 5751.22 of the Revised Code shall be reduced by the	137369
amounts described in divisions (A)(34)(a) to (c) of this section	137370
to the extent that those amounts were included in calculating the	137371
"total resources" of the school district or local taxing unit	137372
under division (A)(22), (28), (29), or (30) of this section.	137373

(34) "Total library resources," in the case of a county,	137374
municipal corporation, school district, or township public library	137375
that receives the proceeds of a tax levied under section 5705.23	137376
of the Revised Code, means the sum of the amounts in divisions	137377
(A)(34)(a) to (c) of this section less any reduction required	137378
under division (A)(32) of this section.	137379

(a) The sum of the payments received by the county, municipal	137380
corporation, school district, or township public library in	137381
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	137382
Revised Code, as they existed at that time, for fixed-rate levy	137383
losses attributable to a tax levied under section 5705.23 of the	137384
Revised Code for the benefit of the public library;	137385

(b) The public library's percentage share of county undivided	137386
local government fund allocations as certified to the tax	137387
commissioner for calendar year 2010 by the county auditor under	137388
division (J) of section 5747.51 of the Revised Code or division	137389
(F) of section 5747.53 of the Revised Code multiplied by the total	137390
amount actually distributed in calendar year 2010 from the county	137391
undivided local government fund;	137392

(c) With respect to a tax levied pursuant to section 5705.23	137393
of the Revised Code for the benefit of the public library, the	137394
amount of such tax that is charged and payable against all	137395
property on the tax list of real and public utility property for	137396
tax year 2009 excluding any tax that is charged and payable for	137397
the purpose of paying debt charges.	137398

(35) "Municipal current expense property tax levies" means	137399
all property tax levies of a municipality, except those with the	137400
following levy names: airport resurfacing; bond or any levy name	137401
including the word "bond"; capital improvement or any levy name	137402
including the word "capital"; debt or any levy name including the	137403
word "debt"; equipment or any levy name including the word	137404
"equipment," unless the levy is for combined operating and	137405
equipment; employee termination fund; fire pension or any levy	137406
containing the word "pension," including police pensions;	137407
fireman's fund or any practically similar name; sinking fund; road	137408
improvements or any levy containing the word "road"; fire truck or	137409
apparatus; flood or any levy containing the word "flood";	137410
conservancy district; county health; note retirement; sewage, or	137411
any levy containing the words "sewage" or "sewer"; park	137412
improvement; parkland acquisition; storm drain; street or any levy	137413
name containing the word "street"; lighting, or any levy name	137414
containing the word "lighting"; and water.	137415

(36) "Current expense TPP allocation" means, in the case of a	137416
school district or joint vocational school district, the sum of	137417
the payments received by the school district in fiscal year 2011	137418
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	137419
Revised Code to the extent paid for current expense levies. In the	137420
case of a municipal corporation, "current expense TPP allocation"	137421
means the sum of the payments received by the municipal	137422
corporation in calendar year 2010 pursuant to divisions (A)(1) and	137423
(2) of section 5751.22 of the Revised Code to the extent paid for	137424
municipal current expense property tax levies as defined in	137425
division (A)(35) of this section, excluding any such payments	137426
received for current expense levy losses attributable to a tax	137427
levied under section 5705.23 of the Revised Code. If a fixed-rate	137428
levy that is a qualifying levy is not charged and payable in any	137429
year after tax year 2010, "current expense TPP allocation" used to	137430
compute payments to be made under division (C)(12) of section	137431
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	137432
Revised Code in the tax years following the last year the levy is	137433
charged and payable shall be reduced to the extent that the	137434
payments are attributable to the fixed-rate levy loss of that levy	137435
as would be computed under divisions (C)(10) and (11) of section	137436
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	137437

(37) "TPP allocation" means the sum of payments received by a	137438
local taxing unit in calendar year 2010 pursuant to divisions	137439
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	137440
any such payments received for fixed-rate levy losses attributable	137441
to a tax levied under section 5705.23 of the Revised Code. If a	137442
fixed-rate levy that is a qualifying levy is not charged and	137443
payable in any year after tax year 2010, "TPP allocation" used to	137444
compute payments to be made under division (A)(1)(b) or (c) of	137445
section 5751.22 of the Revised Code in the tax years following the	137446
last year the levy is charged and payable shall be reduced to the	137447
extent that the payments are attributable to the fixed-rate levy	137448
loss of that levy as would be computed under division (A)(1) of	137449
that section.	137450

(38) "Total TPP allocation" means, in the case of a school	137451
district or joint vocational school district, the sum of the	137452
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	137453
and (11) and (D) of section 5751.21 of the Revised Code. In the	137454
case of a local taxing unit, "total TPP allocation" means the sum	137455
of payments received by the unit in calendar year 2010 pursuant to	137456
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	137457
Code. If a fixed-rate levy that is a qualifying levy is not	137458
charged and payable in any year after tax year 2010, "total TPP	137459
allocation" used to compute payments to be made under division	137460
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	137461
5751.22 of the Revised Code in the tax years following the last	137462
year the levy is charged and payable shall be reduced to the	137463
extent that the payments are attributable to the fixed-rate levy	137464
loss of that levy as would be computed under divisions (C)(10) and	137465
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	137466
the Revised Code.	137467

(39) "Non-current expense TPP allocation" means the	137468
difference of total TPP allocation minus the sum of current	137469
expense TPP allocation and the portion of total TPP allocation	137470
constituting reimbursement for debt levies, pursuant to division	137471
(D) of section 5751.21 of the Revised Code in the case of a school	137472
district or joint vocational school district and pursuant to	137473
division (A)(3) of section 5751.22 of the Revised Code in the case	137474
of a municipal corporation.	137475

(40) "TPP allocation for library purposes" means the sum of	137476
payments received by a county, municipal corporation, school	137477
district, or township public library in calendar year 2010	137478
pursuant to section 5751.22 of the Revised Code for fixed-rate	137479
levy losses attributable to a tax levied under section 5705.23 of	137480
the Revised Code. If a fixed-rate levy authorized under section	137481
5705.23 of the Revised Code that is a qualifying levy is not	137482
charged and payable in any year after tax year 2010, "TPP	137483
allocation for library purposes" used to compute payments to be	137484
made under division (A)(1)(d) of section 5751.22 of the Revised	137485
Code in the tax years following the last year the levy is charged	137486
and payable shall be reduced to the extent that the payments are	137487
attributable to the fixed-rate levy loss of that levy as would be	137488
computed under division (A)(1) of section 5751.22 of the Revised	137489
Code.	137490

(41) "Threshold per cent" means, in the case of a school	137491
district or joint vocational school district, two per cent for	137492
fiscal year 2012 and four per cent for fiscal years 2013 and	137493
thereafter. In the case of a local taxing unit or public library	137494
that receives the proceeds of a tax levied under section 5705.23	137495
of the Revised Code, "threshold per cent" means two per cent for	137496
tax year 2011, four per cent for tax year 2012, and six per cent	137497
for tax years 2013 and thereafter.	137498

(B)(1) The commercial activities tax receipts fund is hereby	137499
created in the state treasury and shall consist of money arising	137500
from the tax imposed under this chapter. Eighty-five	137501
one-hundredths of one per cent of the money credited to that fund	137502
shall be credited to the revenue enhancement fund and shall be	137503
used to defray the costs incurred by the department of taxation in	137504
administering the tax imposed by this chapter and in implementing	137505
tax reform measures. The remainder of the money in the commercial	137506
activities tax receipts fund shall first be credited to the	137507
commercial activity tax motor fuel receipts fund, pursuant to	137508
division (B)(2) of this section, and the remainder shall be	137509
credited in the following percentages each fiscal year to the	137510
general revenue fund, to the school district tangible property tax	137511
replacement fund, which is hereby created in the state treasury	137512
for the purpose of making the payments described in section	137513
5751.21 of the Revised Code, and to the local government tangible	137514
property tax replacement fund, which is hereby created in the	137515
state treasury for the purpose of making the payments described in	137516
section 5751.22 of the Revised Code, in the following percentages:	137517

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	137518
2006	67.7%	22.6%	9.7%	137519
2007	0%	70.0%	30.0%	137520
2008	0%	70.0%	30.0%	137521
2009	0%	70.0%	30.0%	137522
2010	0%	70.0%	30.0%	137523
2011	0%	70.0%	30.0%	137524
2012	25.0%	52.5%	22.5%	137525
2013 and thereafter	50.0%	35.0%	15.0%	137526

(2) Not later than the twentieth day of February, May,	137527
August, and November of each year, the commissioner shall provide	137528
for payment from the commercial activities tax receipts fund to	137529
the commercial activity tax motor fuel receipts fund an amount	137530
that bears the same ratio to the balance in the commercial	137531
activities tax receipts fund that (a) the taxable gross receipts	137532
attributed to motor fuel used for propelling vehicles on public	137533
highways as indicated by returns filed by the tenth day of that	137534
month for a liability that is due and payable on or after July 1,	137535
2013, bears to (b) all taxable gross receipts as indicated by	137536
those returns for such liabilities.	137537

(C) Not later than September 15, 2005, the tax commissioner	137538
shall determine for each school district, joint vocational school	137539
district, and local taxing unit its machinery and equipment,	137540
inventory property, furniture and fixtures property, and telephone	137541
property tax value losses, which are the applicable amounts	137542
described in divisions (C)(1), (2), (3), and (4) of this section,	137543
except as provided in division (C)(5) of this section:	137544

(1) Machinery and equipment property tax value loss is the	137545
taxable value of machinery and equipment property as reported by	137546
taxpayers for tax year 2004 multiplied by:	137547

(a) For tax year 2006, thirty-three and eight-tenths per	137548
cent;	137549

(b) For tax year 2007, sixty-one and three-tenths per cent;

137550

137551

(d) For tax year 2009 and thereafter, one hundred per cent.

137552

(2) Inventory property tax value loss is the taxable value of	137553
inventory property as reported by taxpayers for tax year 2004	137554
multiplied by:	137555

(a) For tax year 2006, a fraction, the numerator of which is	137556
five and three-fourths and the denominator of which is	137557
twenty-three;	137558

(b) For tax year 2007, a fraction, the numerator of which is	137559
nine and one-half and the denominator of which is twenty-three;	137560

(c) For tax year 2008, a fraction, the numerator of which is	137561
thirteen and one-fourth and the denominator of which is	137562
twenty-three;	137563

(d) For tax year 2009 and thereafter a fraction, the	137564
numerator of which is seventeen and the denominator of which is	137565
twenty-three.	137566

(3) Furniture and fixtures property tax value loss is the	137567
taxable value of furniture and fixture property as reported by	137568
taxpayers for tax year 2004 multiplied by:	137569

(a) For tax year 2006, twenty-five per cent;

137570

(b) For tax year 2007, fifty per cent;

137571

137572

(d) For tax year 2009 and thereafter, one hundred per cent.

137573

The taxable value of property reported by taxpayers used in	137574
divisions (C)(1), (2), and (3) of this section shall be such	137575
values as determined to be final by the tax commissioner as of	137576
August 31, 2005. Such determinations shall be final except for any	137577
correction of a clerical error that was made prior to August 31,	137578
2005, by the tax commissioner.	137579

(4) Telephone property tax value loss is the taxable value of	137580
telephone property as taxpayers would have reported that property	137581
for tax year 2004 if the assessment rate for all telephone	137582
property for that year were twenty-five per cent, multiplied by:	137583

(a) For tax year 2006, zero per cent;

137584

(b) For tax year 2007, zero per cent;

137585

137586

(d) For tax year 2009, sixty per cent;

137587

(e) For tax year 2010, eighty per cent;

137588

(f) For tax year 2011 and thereafter, one hundred per cent.

137589

(5) Division (C)(5) of this section applies to any school	137590
district, joint vocational school district, or local taxing unit	137591
in a county in which is located a facility currently or formerly	137592
devoted to the enrichment or commercialization of uranium or	137593
uranium products, and for which the total taxable value of	137594
property listed on the general tax list of personal property for	137595
any tax year from tax year 2001 to tax year 2004 was fifty per	137596
cent or less of the taxable value of such property listed on the	137597
general tax list of personal property for the next preceding tax	137598
year.	137599

In computing the fixed-rate levy losses under divisions	137600
(D)(1), (2), and (3) of this section for any school district,	137601
joint vocational school district, or local taxing unit to which	137602
division (C)(5) of this section applies, the taxable value of such	137603
property as listed on the general tax list of personal property	137604
for tax year 2000 shall be substituted for the taxable value of	137605
such property as reported by taxpayers for tax year 2004, in the	137606
taxing district containing the uranium facility, if the taxable	137607
value listed for tax year 2000 is greater than the taxable value	137608
reported by taxpayers for tax year 2004. For the purpose of making	137609
the computations under divisions (D)(1), (2), and (3) of this	137610
section, the tax year 2000 valuation is to be allocated to	137611
machinery and equipment, inventory, and furniture and fixtures	137612
property in the same proportions as the tax year 2004 values. For	137613
the purpose of the calculations in division (A) of section 5751.21	137614
of the Revised Code, the tax year 2004 taxable values shall be	137615
used.	137616

To facilitate the calculations required under division (C) of	137617
this section, the county auditor, upon request from the tax	137618
commissioner, shall provide by August 1, 2005, the values of	137619
machinery and equipment, inventory, and furniture and fixtures for	137620
all single-county personal property taxpayers for tax year 2004.	137621

(D) Not later than September 15, 2005, the tax commissioner	137622
shall determine for each tax year from 2006 through 2009 for each	137623
school district, joint vocational school district, and local	137624
taxing unit its machinery and equipment, inventory, and furniture	137625
and fixtures fixed-rate levy losses, and for each tax year from	137626
2006 through 2011 its telephone property fixed-rate levy loss.	137627
Except as provided in division (F) of this section, such losses	137628
are the applicable amounts described in divisions (D)(1), (2),	137629
(3), and (4) of this section:	137630

(1) The machinery and equipment fixed-rate levy loss is the	137631
machinery and equipment property tax value loss multiplied by the	137632
sum of the tax rates of fixed-rate qualifying levies.	137633

(2) The inventory fixed-rate loss is the inventory property	137634
tax value loss multiplied by the sum of the tax rates of	137635
fixed-rate qualifying levies.	137636

(3) The furniture and fixtures fixed-rate levy loss is the	137637
furniture and fixture property tax value loss multiplied by the	137638
sum of the tax rates of fixed-rate qualifying levies.	137639

(4) The telephone property fixed-rate levy loss is the	137640
telephone property tax value loss multiplied by the sum of the tax	137641
rates of fixed-rate qualifying levies.	137642

(E) Not later than September 15, 2005, the tax commissioner	137643
shall determine for each school district, joint vocational school	137644
district, and local taxing unit its fixed-sum levy loss. The	137645
fixed-sum levy loss is the amount obtained by subtracting the	137646
amount described in division (E)(2) of this section from the	137647
amount described in division (E)(1) of this section:	137648

(1) The sum of the machinery and equipment property tax value	137649
loss, the inventory property tax value loss, and the furniture and	137650
fixtures property tax value loss, and, for 2008 through 2010, the	137651
telephone property tax value loss of the district or unit	137652
multiplied by the sum of the fixed-sum tax rates of qualifying	137653
levies. For 2006 through 2010, this computation shall include all	137654
qualifying levies remaining in effect for the current tax year and	137655
any school district levies charged and payable under section	137656
5705.194 or 5705.213 of the Revised Code that are qualifying	137657
levies not remaining in effect for the current year. For 2011	137658
through 2017 in the case of school district levies charged and	137659
payable under section 5705.194 or 5705.213 of the Revised Code and	137660
for all years after 2010 in the case of other fixed-sum levies,	137661
this computation shall include only qualifying levies remaining in	137662
effect for the current year. For purposes of this computation, a	137663
qualifying school district levy charged and payable under section	137664
5705.194 or 5705.213 of the Revised Code remains in effect in a	137665
year after 2010 only if, for that year, the board of education	137666
levies a school district levy charged and payable under section	137667
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	137668
an annual sum at least equal to the annual sum levied by the board	137669
in tax year 2004 less the amount of the payment certified under	137670
this division for 2006.	137671

(2) The total taxable value in tax year 2004 less the sum of	137672
the machinery and equipment, inventory, furniture and fixtures,	137673
and telephone property tax value losses in each school district,	137674
joint vocational school district, and local taxing unit multiplied	137675
by one-half of one mill per dollar.	137676

(3) For the calculations in divisions (E)(1) and (2) of this	137677
section, the tax value losses are those that would be calculated	137678
for tax year 2009 under divisions (C)(1), (2), and (3) of this	137679
section and for tax year 2011 under division (C)(4) of this	137680
section.	137681

(4) To facilitate the calculation under divisions (D) and (E)	137682
of this section, not later than September 1, 2005, any school	137683
district, joint vocational school district, or local taxing unit	137684
that has a qualifying levy that was approved at an election	137685
conducted during 2005 before September 1, 2005, shall certify to	137686
the tax commissioner a copy of the county auditor's certificate of	137687
estimated property tax millage for such levy as required under	137688
division (B) of section 5705.03 of the Revised Code, which is the	137689
rate that shall be used in the calculations under such divisions.	137690

If the amount determined under division (E) of this section	137691
for any school district, joint vocational school district, or	137692
local taxing unit is greater than zero, that amount shall equal	137693
the reimbursement to be paid pursuant to division (E) of section	137694
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	137695
and the one-half of one mill that is subtracted under division	137696
(E)(2) of this section shall be apportioned among all contributing	137697
fixed-sum levies in the proportion that each levy bears to the sum	137698
of all fixed-sum levies within each school district, joint	137699
vocational school district, or local taxing unit.	137700

(F) If a school district levies a tax under section 5705.219	137701
of the Revised Code, the fixed-rate levy loss for qualifying	137702
levies, to the extent repealed under that section, shall equal the	137703
sum of the following amounts in lieu of the amounts computed for	137704
such levies under division (D) of this section:	137705

(1) The sum of the rates of qualifying levies to the extent	137706
so repealed multiplied by the sum of the machinery and equipment,	137707
inventory, and furniture and fixtures tax value losses for 2009 as	137708
determined under that division;	137709

(2) The sum of the rates of qualifying levies to the extent	137710
so repealed multiplied by the telephone property tax value loss	137711
for 2011 as determined under that division.	137712

The fixed-rate levy losses for qualifying levies to the	137713
extent not repealed under section 5705.219 of the Revised Code	137714
shall be as determined under division (D) of this section. The	137715
revised fixed-rate levy losses determined under this division and	137716
division (D) of this section first apply in the year following the	137717
first year the district levies the tax under section 5705.219 of	137718
the Revised Code.	137719

(G) Not later than October 1, 2005, the tax commissioner	137720
shall certify to the department of education for every school	137721
district and joint vocational school district the machinery and	137722
equipment, inventory, furniture and fixtures, and telephone	137723
property tax value losses determined under division (C) of this	137724
section, the machinery and equipment, inventory, furniture and	137725
fixtures, and telephone fixed-rate levy losses determined under	137726
division (D) of this section, and the fixed-sum levy losses	137727
calculated under division (E) of this section. The calculations	137728
under divisions (D) and (E) of this section shall separately	137729
display the levy loss for each levy eligible for reimbursement.	137730

(H) Not later than October 1, 2005, the tax commissioner	137731
shall certify the amount of the fixed-sum levy losses to the	137732
county auditor of each county in which a school district, joint	137733
vocational school district, or local taxing unit with a fixed-sum	137734
levy loss reimbursement has territory.	137735

(I) Not later than the twenty-eighth day of February each	137736
year beginning in 2011 and ending in 2014, the tax commissioner	137737
shall certify to the department of education for each school	137738
district first levying a tax under section 5705.219 of the Revised	137739
Code in the preceding year the revised fixed-rate levy losses	137740
determined under divisions (D) and (F) of this section.	137741

(J) There is hereby created in the state treasury the	137742
commercial activity tax motor fuel receipts fund.	137743

Sec. 5751.21. (A) Not later than the thirtieth day of July	137744
of 2007 through 2010, the department of education shall consult	137745
with the director of budget and management and determine the	137746
following for each school district and each joint vocational	137747
school district eligible for payment under division (B) of this	137748
section:	137749

(1) The state education aid offset, which, except as provided	137750
in division (A)(1)(c) of this section, is the difference obtained	137751
by subtracting the amount described in division (A)(1)(b) of this	137752
section from the amount described in division (A)(1)(a) of this	137753
section:	137754

(a) The state education aid computed for the school district	137755
or joint vocational school district for the current fiscal year as	137756
of the thirtieth day of July;	137757

(b) The state education aid that would be computed for the	137758
school district or joint vocational school district for the	137759
current fiscal year as of the thirtieth day of July if the	137760
valuation used in the calculation in division (B)(1) of section	137761
3306.13 of the Revised Code as that division existed for fiscal	137762
years 2010 and 2011 included the machinery and equipment,	137763
inventory, furniture and fixtures, and telephone property tax	137764
value losses for the school district or joint vocational school	137765
district for the second preceding tax year, and if taxes charged	137766
and payable associated with the tax value losses are accounted for	137767
in any state education aid computation dependent on taxes charged	137768
and payable.	137769

(c) The state education aid offset for fiscal year 2010 and	137770
fiscal year 2011 equals the greater of the state education aid	137771
offset calculated for that fiscal year under divisions (A)(1)(a)	137772
and (b) of this section and the state education aid offset	137773
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	137774
the state education aid offset equals the state education aid	137775
offset for fiscal year 2011.	137776

(2) For fiscal years 2008 through 2011, the greater of zero	137777
or the difference obtained by subtracting the state education aid	137778
offset determined under division (A)(1) of this section from the	137779
sum of the machinery and equipment fixed-rate levy loss, the	137780
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	137781
levy loss, and telephone property fixed-rate levy loss certified	137782
under divisions (G) and (I) of section 5751.20 of the Revised Code	137783
for all taxing districts in each school district and joint	137784
vocational school district for the second preceding tax year.	137785

By the thirtieth day of July of each such year, the	137786
department of education and the director of budget and management	137787
shall agree upon the amount to be determined under division (A)(1)	137788
of this section.	137789

(B) On or before the thirty-first day of August of 2008,	137790
2009, and 2010, the department of education shall recalculate the	137791
offset described under division (A) of this section for the	137792
previous fiscal year and recalculate the payments made under	137793
division (C) of this section in the preceding fiscal year using	137794
the offset calculated under this division. If the payments	137795
calculated under this division differ from the payments made under	137796
division (C) of this section in the preceding fiscal year, the	137797
difference shall either be paid to a school district or recaptured	137798
from a school district through an adjustment at the same times	137799
during the current fiscal year that the payments under division	137800
(C) of this section are made. In August and October of the current	137801
fiscal year, the amount of each adjustment shall be three-sevenths	137802
of the amount calculated under this division. In May of the	137803
current fiscal year, the adjustment shall be one-seventh of the	137804
amount calculated under this division.	137805

(C) The department of education shall pay from the school	137806
district tangible property tax replacement fund to each school	137807
district and joint vocational school district all of the following	137808
for fixed-rate levy losses certified under divisions (G) and (I)	137809
of section 5751.20 of the Revised Code:	137810

(1) On or before May 31, 2006, one-seventh of the total	137811
fixed-rate levy loss for tax year 2006;	137812

(2) On or before August 31, 2006, and October 31, 2006,	137813
one-half of six-sevenths of the total fixed-rate levy loss for tax	137814
year 2006;	137815

(3) On or before May 31, 2007, one-seventh of the total	137816
fixed-rate levy loss for tax year 2007;	137817

(4) On or before August 31, 2007, and October 31, 2007,	137818
forty-three per cent of the amount determined under division	137819
(A)(2) of this section for fiscal year 2008, but not less than	137820
zero, plus one-half of six-sevenths of the difference between the	137821
total fixed-rate levy loss for tax year 2007 and the total	137822
fixed-rate levy loss for tax year 2006.	137823

(5) On or before May 31, 2008, fourteen per cent of the	137824
amount determined under division (A)(2) of this section for fiscal	137825
year 2008, but not less than zero, plus one-seventh of the	137826
difference between the total fixed-rate levy loss for tax year	137827
2008 and the total fixed-rate levy loss for tax year 2006.	137828

(6) On or before August 31, 2008, and October 31, 2008,	137829
forty-three per cent of the amount determined under division	137830
(A)(2) of this section for fiscal year 2009, but not less than	137831
zero, plus one-half of six-sevenths of the difference between the	137832
total fixed-rate levy loss in tax year 2008 and the total	137833
fixed-rate levy loss in tax year 2007.	137834

(7) On or before May 31, 2009, fourteen per cent of the	137835
amount determined under division (A)(2) of this section for fiscal	137836
year 2009, but not less than zero, plus one-seventh of the	137837
difference between the total fixed-rate levy loss for tax year	137838
2009 and the total fixed-rate levy loss for tax year 2007.	137839

(8) On or before August 31, 2009, and October 31, 2009,	137840
forty-three per cent of the amount determined under division	137841
(A)(2) of this section for fiscal year 2010, but not less than	137842
zero, plus one-half of six-sevenths of the difference between the	137843
total fixed-rate levy loss in tax year 2009 and the total	137844
fixed-rate levy loss in tax year 2008.	137845

(9) On or before May 31, 2010, fourteen per cent of the	137846
amount determined under division (A)(2) of this section for fiscal	137847
year 2010, but not less than zero, plus one-seventh of the	137848
difference between the total fixed-rate levy loss in tax year 2010	137849
and the total fixed-rate levy loss in tax year 2008.	137850

(10) On or before August 31, 2010, and October 31, 2010,	137851
forty-three per cent of the amount determined under division	137852
(A)(2) of this section for fiscal year 2011, but not less than	137853
zero, plus one-half of six-sevenths of the difference between the	137854
telephone property fixed-rate levy loss for tax year 2010 and the	137855
telephone property fixed-rate levy loss for tax year 2009.	137856

(11) On or before May 31, 2011, fourteen per cent of the	137857
amount determined under division (A)(2) of this section for fiscal	137858
year 2011, but not less than zero, plus one-seventh of the	137859
difference between the telephone property fixed-rate levy loss for	137860
tax year 2011 and the telephone property fixed-rate levy loss for	137861
tax year 2009.	137862

(12) For fiscal years 2012 and thereafter, the sum of the	137863
amounts in divisions (C)(12)(a) or (b) and (c) of this section	137864
shall be paid on or before the ~~twentieth~~last day of November and	137865
the last day of May:	137866

(a) If the ratio of current expense TPP allocation to total	137867
resources is equal to or less than the threshold per cent, zero;	137868

(b) If the ratio of current expense TPP allocation to total	137869
resources is greater than the threshold per cent, fifty per cent	137870
of the difference of current expense TPP allocation minus the	137871
product of total resources multiplied by the threshold per cent;	137872

(c) Fifty per cent of the product of non-current expense TPP	137873
allocation multiplied by seventy-five per cent for fiscal year	137874
2012 and fifty per cent for fiscal years 2013 and thereafter.	137875

The department of education shall report to each school	137876
district and joint vocational school district the apportionment of	137877
the payments among the school district's or joint vocational	137878
school district's funds based on the certifications under	137879
divisions (G) and (I) of section 5751.20 of the Revised Code.	137880

(D) For taxes levied within the ten-mill limitation for debt	137881
purposes in tax year 2005, payments shall be made equal to one	137882
hundred per cent of the loss computed as if the tax were a	137883
fixed-rate levy, but those payments shall extend from fiscal year	137884
2006 through fiscal year 2018, as long as the qualifying levy	137885
continues to be used for debt purposes. If the purpose of such a	137886
qualifying levy is changed, that levy becomes subject to the	137887
payments determined in division (C) of this section.	137888

(E)(1) Not later than January 1, 2006, for each fixed-sum	137889
levy of each school district or joint vocational school district	137890
and for each year for which a determination is made under division	137891
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	137892
loss is to be reimbursed, the tax commissioner shall certify to	137893
the department of education the fixed-sum levy loss determined	137894
under that division. The certification shall cover a time period	137895
sufficient to include all fixed-sum levies for which the	137896
commissioner made such a determination. On or before the last day	137897
of May of the current year, the department shall pay from the	137898
school district property tax replacement fund to the school	137899
district or joint vocational school district one-third of the	137900
fixed-sum levy loss so certified, plus one-third of the amount	137901
certified under division (I) of section 5751.20 of the Revised	137902
Code, and on or before the ~~twentieth~~last day of November,	137903
two-thirds of the fixed-sum levy loss so certified, plus	137904
two-thirds of the amount certified under division (I) of section	137905
5751.20 of the Revised Code. Payments under this division of the	137906
amounts certified under division (I) of section 5751.20 of the	137907
Revised Code shall continue until the levy adopted under section	137908
5705.219 of the Revised Code expires.	137909

(2) Beginning in 2006, by the first day of January of each	137910
year, the tax commissioner shall review the certification	137911
originally made under division (E)(1) of this section. If the	137912
commissioner determines that a debt levy that had been scheduled	137913
to be reimbursed in the current year has expired, a revised	137914
certification for that and all subsequent years shall be made to	137915
the department of education.	137916

(F) Beginning in September 2007 and through June 2013, the	137917
director of budget and management shall transfer from the school	137918
district tangible property tax replacement fund to the general	137919
revenue fund each of the following:	137920

(1) On the first day of September, one-fourth of the amount	137921
determined for that fiscal year under division (A)(1) of this	137922
section;	137923

(2) On the first day of December, one-fourth of the amount	137924
determined for that fiscal year under division (A)(1) of this	137925
section;	137926

(3) On the first day of March, one-fourth of the amount	137927
determined for that fiscal year under division (A)(1) of this	137928
section;	137929

(4) On the first day of June, one-fourth of the amount	137930
determined for that fiscal year under division (A)(1) of this	137931
section.	137932

If, when a transfer is required under division (F)(1), (2),	137933
(3), or (4) of this section, there is not sufficient money in the	137934
school district tangible property tax replacement fund to make the	137935
transfer in the required amount, the director shall transfer the	137936
balance in the fund to the general revenue fund and may make	137937
additional transfers on later dates as determined by the director	137938
in a total amount that does not exceed one-fourth of the amount	137939
determined for the fiscal year.	137940

(G) If the total amount in the school district tangible	137941
property tax replacement fund is insufficient to make all payments	137942
under divisions (C), (D), and (E) of this section at the times the	137943
payments are to be made, the director of budget and management	137944
shall transfer from the general revenue fund to the school	137945
district tangible property tax replacement fund the difference	137946
between the total amount to be paid and the amount in the school	137947
district tangible property tax replacement fund.	137948

(H) On the fifteenth day of June of each year, the director	137949
of budget and management may transfer any balance in the school	137950
district tangible property tax replacement fund to the general	137951
revenue fund.	137952

(I) If all of the territory of a school district or joint	137953
vocational school district is merged with another district, or if	137954
a part of the territory of a school district or joint vocational	137955
school district is transferred to an existing or newly created	137956
district, the department of education, in consultation with the	137957
tax commissioner, shall adjust the payments made under this	137958
section as follows:	137959

(1) For a merger of two or more districts, the fixed-sum levy	137960
losses, total resources, current expense TPP allocation, total TPP	137961
allocation, and non-current expense TPP allocation of the	137962
successor district shall be the sum of such items for each of the	137963
districts involved in the merger.	137964

(2) If property is transferred from one district to a	137965
previously existing district, the amount of total resources,	137966
current expense TPP allocation, total TPP allocation, and	137967
non-current expense TPP allocation that shall be transferred to	137968
the recipient district shall be an amount equal to total	137969
resources, current expense TPP allocation, total TPP allocation,	137970
and non-current expense TPP allocation of the transferor district	137971
times a fraction, the numerator of which is the number of pupils	137972
being transferred to the recipient district, measured, in the case	137973
of a school district, by average daily membership as reported	137974
under division (A) of section 3317.03 of the Revised Code or, in	137975
the case of a joint vocational school district, by formula ADM as	137976
reported in division (D) of that section, and the denominator of	137977
which is the average daily membership or formula ADM of the	137978
transferor district.	137979

(3) After December 31, 2010, if property is transferred from	137980
one or more districts to a district that is newly created out of	137981
the transferred property, the newly created district shall be	137982
deemed not to have any total resources, current expense TPP	137983
allocation, total TPP allocation, or non-current expense TPP	137984
allocation.	137985

(4) If the recipient district under division (I)(2) of this	137986
section or the newly created district under division (I)(3) of	137987
this section is assuming debt from one or more of the districts	137988
from which the property was transferred and any of the districts	137989
losing the property had fixed-sum levy losses, the department of	137990
education, in consultation with the tax commissioner, shall make	137991
an equitable division of the fixed-sum levy loss reimbursements.	137992

Sec. 5751.40. (A) As used in this section:

137993

(1) "Rack" means a mechanism capable of delivering motor fuel	137994
from a terminal or refinery into a means of transport other than a	137995
pipeline or vessel. "Rack" includes a railroad tank car, a motor	137996
fuel transportation vehicle, or other means of transfer outside of	137997
a terminal or refinery transfer system.	137998

(2) "Refinery" means a facility used to produce motor fuel	137999
and from which motor fuel may be removed by pipeline, by vessel,	138000
or at a rack. "Refinery" does not include a facility that produces	138001
only blended fuel produced outside of a bulk transfer or terminal	138002
system.	138003

(3) "Terminal" means a motor fuel storage or distribution	138004
facility that is supplied by a pipeline or marine vessel and from	138005
which motor fuel may be removed at a rack. "Terminal" does not	138006
include a facility at which gasoline blendstocks are used in the	138007
manufacture of products other than gasoline, provided that no	138008
gasoline is removed from the facility. A facility is not a	138009
"terminal" for purposes of this section if all of the motor fuel	138010
stored at the facility has previously been subject to taxation as	138011
described in this section upon removal at a refinery or terminal	138012
rack.	138013

(B) In the case of receipts realized from the sale, exchange,	138014
or other transfer of motor fuel, "gross receipts" for the purposes	138015
of this chapter includes only the following gross receipts:	138016

(1) Gross receipts realized from the sale, exchange, or other	138017
transfer of motor fuel acquired from a terminal or refinery rack;	138018

(2) Gross receipts realized by a person from the sale,	138019
exchange, or other transfer of motor fuel acquired outside this	138020
state from a person that is not registered under section 5751.04	138021
of the Revised Code and imported or caused to be imported into	138022
this state for sale, exchange, or other transfer except when sold,	138023
exchanged, or transferred to a terminal or refinery. Division	138024
(B)(2) of this section does not apply if the gross receipts	138025
realized from the sale, exchange, or other transfer of the motor	138026
fuel has previously been included in any person's gross receipts	138027
under division (B)(1) of this section and reported in a return	138028
under section 5751.051 of the Revised Code.	138029

(C) For the purposes of this section, gross receipts shall	138030
not include any of the following:	138031

(1) Sales, exchanges, or transfers of motor fuel directly	138032
from a terminal to another terminal or from a refinery to another	138033
refinery;	138034

(2) Sales, exchanges, or transfers of motor fuel directly	138035
from a refinery to a terminal;	138036

(3) Sales, exchanges, or transfers of motor fuel within a	138037
refinery or terminal.	138038

Sec. 5753.03. (A) For the purpose of receiving and	138039
distributing, and accounting for, revenue received from the tax	138040
levied by section 5753.02 of the Revised Code, the following funds	138041
are created in the state treasury:	138042

(1) The casino tax revenue fund;

138043

(2) The gross casino revenue county fund;

138044

(3) The gross casino revenue county student fund;

138045

(4) The gross casino revenue host city fund;

138046

(5) The Ohio state racing commission fund;

138047

(6) The Ohio law enforcement training fund;

138048

(7) The problem casino gambling and addictions fund;

138049

(8) The casino control commission fund;

138050

(9) The casino tax administration fund;

138051

(10) The peace officer training academy fund;

138052

(11) The criminal justice services casino tax revenue fund.

138053

(B) All moneys collected from the tax levied under this	138054
chapter shall be deposited into the casino tax revenue fund.	138055

(C) From the casino tax revenue fund the director of budget	138056
and management shall transfer as needed to the tax refund fund	138057
amounts equal to the refunds certified by the tax commissioner	138058
under section 5753.06 of the Revised Code.	138059

(D) After making any transfers required by division (C) of	138060
this section, but not later than the fifteenth day of the month	138061
following the end of each calendar quarter, the director of budget	138062
and management shall transfer amounts to each fund as follows:	138063

(1) Fifty-one per cent to the gross casino revenue county	138064
fund to make payments as required by Section 6(C)(3)(a) of Article	138065
XV, Ohio Constitution;	138066

(2) Thirty-four per cent to the gross casino revenue county	138067
student fund to make payments as required by Section 6(C)(3)(b) of	138068
Article XV, Ohio Constitution and as provided in section 5753.11	138069
of the Revised Code;	138070

(3) Five per cent to the gross casino revenue host city fund	138071
for the benefit of the cities in which casino facilities are	138072
located;	138073

(4) Three per cent to the Ohio state racing commission fund	138074
to support the efforts and activities of the Ohio state racing	138075
commission to promote horse racing in this state at which the	138076
pari-mutuel system of wagering is conducted;	138077

(5) Two per cent to the Ohio law enforcement training fund to	138078
support law enforcement functions in the state;	138079

(6) Two per cent to the problem casino gambling and	138080
addictions fund to support efforts of the department of ~~alcohol~~	138081
~~and drug addiction services~~mental health and addiction services	138082
to alleviate problem gambling and substance abuse and related	138083
research in the state under section ~~3793.032~~5119.47 of the	138084
Revised Code;	138085

(7) Three per cent to the casino control commission fund to	138086
support the operations of the Ohio casino control commission and	138087
to defray the cost of administering the tax levied under section	138088
5753.02 of the Revised Code.	138089

Payments under divisions (D)(1) and (3) of this section shall	138090
be made by the end of the month following the end of the quarterly	138091
period. The tax commissioner shall make the data available to the	138092
director of budget and management for this purpose.	138093

Money in the Ohio state racing commission fund shall be	138094
distributed at the discretion of the Ohio state racing commission	138095
for the purpose stated in division (D)(4) of this section by the	138096
end of the month following the end of the quarterly period. The	138097
commission may retain up to five per cent of the amount	138098
transferred to the fund under division (D)(4) of this section for	138099
operating expenses necessary for the administration of the fund.	138100

Payments from the gross casino revenue county student fund as	138101
required under section 5753.11 of the Revised Code shall be made	138102
by the last day of January and by the last day of August of each	138103
year, beginning in 2013. The tax commissioner shall make the data	138104
available to the director of budget and management for this	138105
purpose.	138106

Of the money credited to the Ohio law enforcement training	138107
fund, the director of budget and management shall distribute	138108
eighty-five per cent of the money to the police officer training	138109
academy fund for the purpose of supporting the law enforcement	138110
training efforts of the Ohio peace officer training academy and	138111
fifteen per cent of the money to the criminal justice services	138112
casino tax revenue fund for the purpose of supporting the law	138113
enforcement training efforts of the division of criminal justice	138114
services.	138115

(E)(1) The tax commissioner shall serve as an agent of the	138116
counties of this state only for the purposes of this division and	138117
solely to make payments directly to municipal corporations and	138118
school districts, as applicable, on the counties' behalf.	138119

(2) On or before the last day of the month following the end	138120
of each calendar quarter, the tax commissioner shall provide for	138121
payment from the funds referenced in divisions (D)(1) and (3) of	138122
this section to each county and municipal corporation as	138123
prescribed in those divisions.	138124

(3) On or before the last day of January and the last day of	138125
August each year, the commissioner shall provide for payments from	138126
the fund referenced in division (D)(2) of this section to each	138127
school district as prescribed in that division.	138128

(F) The director of budget and management shall transfer one	138129
per cent of the money credited to the casino control commission	138130
fund to the casino tax administration fund. The tax commissioner	138131
shall use the casino tax administration fund to defray the costs	138132
incurred in administering the tax levied by this chapter.	138133

(G) All investment earnings of the gross casino revenue	138134
county student fund shall be credited to the fund.	138135

Sec. 5753.07. (A)(1) The tax commissioner may issue an	138136
assessment, based on any information in the tax commissioner's	138137
possession, against a casino operator who fails to pay the tax	138138
levied under section 5753.02 of the Revised Code or to file a	138139
return under section 5753.04 of the Revised Code. The tax	138140
commissioner shall give the casino operator written notice of the	138141
assessment under section 5703.37 of the Revised Code. With the	138142
notice, the tax commissioner shall include instructions on how to	138143
petition for reassessment and on how to request a hearing with	138144
respect to the petition.	138145

(2) Unless the casino operator, within sixty days after	138146
service of the notice of assessment, files with the tax	138147
commissioner, either personally or by certified mail, a written	138148
petition signed by the casino operator, or by the casino	138149
operator's authorized agent who has knowledge of the facts, the	138150
assessment becomes final, and the amount of the assessment is due	138151
and payable from the casino operator to the treasurer of state.	138152
The petition shall indicate the casino operator's objections to	138153
the assessment. Additional objections may be raised in writing if	138154
they are received by the tax commissioner before the date shown on	138155
the final determination.	138156

(3) If a petition for reassessment has been properly filed,	138157
the tax commissioner shall proceed under section 5703.60 of the	138158
Revised Code.	138159

(4) After an assessment becomes final, if any portion of the	138160
assessment, including penalties and accrued interest, remains	138161
unpaid, the tax commissioner may file a certified copy of the	138162
entry making the assessment final in the office of the clerk of	138163
the court of common pleas of Franklin county or in the office of	138164
the clerk of the court of common pleas of the county in which the	138165
casino operator resides, the casino operator's casino facility is	138166
located, or the casino operator's principal place of business in	138167
this state is located. Immediately upon the filing of the entry,	138168
the clerk shall enter a judgment for the state against the	138169
taxpayer assessed in the amount shown on the entry. The judgment	138170
may be filed by the clerk in a loose-leaf book entitled, "special	138171
judgments for the gross casino revenue tax." The judgment has the	138172
same effect as other judgments. Execution shall issue upon the	138173
judgment at the request of the tax commissioner, and all laws	138174
applicable to sales on execution apply to sales made under the	138175
judgment.	138176

(5) ~~The portion of an~~If the assessment is not paid in its	138177
entirety within sixty days after the day the assessment was issued	138178
~~bears~~, the portion of the assessment consisting of tax due shall	138179
bear interest at the rate per annum prescribed by section 5703.47	138180
of the Revised Code from the day the tax commissioner issued the	138181
assessment until the assessment is paid or until it is certified	138182
to the attorney general for collection under section 131.02 of the	138183
Revised Code, whichever comes first. If the unpaid portion of the	138184
assessment is certified to the attorney general for collection,	138185
the entire unpaid portion of the assessment shall bear interest at	138186
the rate per annum prescribed by section 5703.47 of the Revised	138187
Code from the date of certification until the date it is paid in	138188
its entirety. Interest shall be paid in the same manner as the tax	138189
levied under section 5753.02 of the Revised Code and may be	138190
collected by the issuance of an assessment under this section.	138191

(B) If the tax commissioner believes that collection of the	138192
tax levied under section 5753.02 of the Revised Code will be	138193
jeopardized unless proceedings to collect or secure collection of	138194
the tax are instituted without delay, the commissioner may issue a	138195
jeopardy assessment against the casino operator who is liable for	138196
the tax. Immediately upon the issuance of a jeopardy assessment,	138197
the tax commissioner shall file an entry with the clerk of the	138198
court of common pleas in the manner prescribed by division (A)(4)	138199
of this section, and the clerk shall proceed as directed in that	138200
division. Notice of the jeopardy assessment shall be served on the	138201
casino operator or the casino operator's authorized agent under	138202
section 5703.37 of the Revised Code within five days after the	138203
filing of the entry with the clerk. The total amount assessed is	138204
immediately due and payable, unless the casino operator assessed	138205
files a petition for reassessment under division (A)(2) of this	138206
section and provides security in a form satisfactory to the tax	138207
commissioner that is in an amount sufficient to satisfy the unpaid	138208
balance of the assessment. If a petition for reassessment has been	138209
filed, and if satisfactory security has been provided, the tax	138210
commissioner shall proceed under division (A)(3) of this section.	138211
Full or partial payment of the assessment does not prejudice the	138212
tax commissioner's consideration of the petition for reassessment.	138213

(C) The tax commissioner shall immediately forward to the	138214
treasurer of state all amounts the tax commissioner receives under	138215
this section, and the amounts forwarded shall be treated as if	138216
they were revenue arising from the tax levied under section	138217
5753.02 of the Revised Code.	138218

(D) Except as otherwise provided in this division, no	138219
assessment shall be issued against a casino operator for the tax	138220
levied under section 5753.02 of the Revised Code more than four	138221
years after the due date for filing the return for the tax period	138222
for which the tax was reported, or more than four years after the	138223
return for the tax period was filed, whichever is later. This	138224
division does not bar an assessment against a casino operator who	138225
fails to file a return as required by section 5753.04 of the	138226
Revised Code or who files a fraudulent return, or when the casino	138227
operator and the tax commissioner waive in writing the time	138228
limitation.	138229

(E) If the tax commissioner possesses information that	138230
indicates that the amount of tax a casino operator is liable to	138231
pay under section 5753.02 of the Revised Code exceeds the amount	138232
the casino operator paid, the tax commissioner may audit a sample	138233
of the casino operator's gross casino revenue over a	138234
representative period of time to ascertain the amount of tax due,	138235
and may issue an assessment based on the audit. The tax	138236
commissioner shall make a good faith effort to reach agreement	138237
with the casino operator in selecting a representative sample. The	138238
tax commissioner may apply a sampling method only if the tax	138239
commissioner has prescribed the method by rule.	138240

(F) If the whereabouts of a casino operator who is liable for	138241
the tax levied under section 5753.02 of the Revised Code are	138242
unknown to the tax commissioner, the tax commissioner shall	138243
proceed under section 5703.37 of the Revised Code.	138244

(G) If a casino operator fails to pay the tax levied under	138245
section 5753.02 of the Revised Code within a period of one year	138246
after the due date for remitting the tax, the Ohio casino control	138247
commission may suspend the casino operator's license.	138248

Sec. 5815.28. (A) As used in this section:

138249

(1) "Ascertainable standard" includes a standard in a trust	138250
instrument requiring the trustee to provide for the care, comfort,	138251
maintenance, welfare, education, or general well-being of the	138252
beneficiary.	138253

(2) "Disability" means any substantial, medically	138254
determinable impairment that can be expected to result in death or	138255
that has lasted or can be expected to last for a continuous period	138256
of at least twelve months, except that "disability" does not	138257
include an impairment that is the result of abuse of alcohol or	138258
drugs.	138259

(3) "Political subdivision" and "state" have the same	138260
meanings as in section 2744.01 of the Revised Code.	138261

(4) "Supplemental services" means services specified by rule	138262
of the department of ~~mental health~~mental health and addiction	138263
services under section ~~5119.01~~5119.10 of the Revised Code or the	138264
department of developmental disabilities under section 5123.04 of	138265
the Revised Code that are provided to an individual with a	138266
disability in addition to services the individual is eligible to	138267
receive under programs authorized by federal or state law.	138268

(B) Any person may create a trust under this section to	138269
provide funding for supplemental services for the benefit of	138270
another individual who meets either of the following conditions:	138271

(1) The individual has a physical or mental disability and is	138272
eligible to receive services through the department of	138273
developmental disabilities or a county board of developmental	138274
disabilities;	138275

(2) The individual has a mental disability and is eligible to	138276
receive services through the department of ~~mental health~~mental	138277
health and addiction services or a board of alcohol, drug	138278
addiction, and mental health services.	138279

The trust may confer discretion upon the trustee and may	138280
contain specific instructions or conditions governing the exercise	138281
of the discretion.	138282

(C) The general division of the court of common pleas and the	138283
probate court of the county in which the beneficiary of a trust	138284
authorized by division (B) of this section resides or is confined	138285
have concurrent original jurisdiction to hear and determine	138286
actions pertaining to the trust. In any action pertaining to the	138287
trust in a court of common pleas or probate court and in any	138288
appeal of the action, all of the following apply to the trial or	138289
appellate court:	138290

(1) The court shall render determinations consistent with the	138291
testator's or other settlor's intent in creating the trust, as	138292
evidenced by the terms of the trust instrument.	138293

(2) The court may order the trustee to exercise discretion	138294
that the trust instrument confers upon the trustee only if the	138295
instrument contains specific instructions or conditions governing	138296
the exercise of that discretion and the trustee has failed to	138297
comply with the instructions or conditions. In issuing an order	138298
pursuant to this division, the court shall require the trustee to	138299
exercise the trustee's discretion only in accordance with the	138300
instructions or conditions.	138301

(3) The court may order the trustee to maintain the trust and	138302
distribute assets in accordance with rules adopted by the director	138303
of ~~mental health~~mental health and addiction services under	138304
section ~~5119.01~~5119.10 of the Revised Code or the director of	138305
developmental disabilities under section 5123.04 of the Revised	138306
Code if the trustee has failed to comply with such rules.	138307

(D) To the extent permitted by federal law and subject to the	138308
provisions of division (C)(2) of this section pertaining to the	138309
enforcement of specific instructions or conditions governing a	138310
trustee's discretion, a trust authorized by division (B) of this	138311
section that confers discretion upon the trustee shall not be	138312
considered an asset or resource of the beneficiary, the	138313
beneficiary's estate, the settlor, or the settlor's estate and	138314
shall be exempt from the claims of creditors, political	138315
subdivisions, the state, other governmental entities, and other	138316
claimants against the beneficiary, the beneficiary's estate, the	138317
settlor, or the settlor's estate, including claims regarding the	138318
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	138319
or 5123. of the Revised Code and claims sought to be satisfied by	138320
way of a civil action, subrogation, execution, garnishment,	138321
attachment, judicial sale, or other legal process, if all of the	138322
following apply:	138323

(1) At the time the trust is created, the trust principal	138324
does not exceed the maximum amount determined under division (E)	138325
of this section;	138326

(2) The trust instrument contains a statement of the	138327
settlor's intent, or otherwise clearly evidences the settlor's	138328
intent, that the beneficiary does not have authority to compel the	138329
trustee under any circumstances to furnish the beneficiary with	138330
minimal or other maintenance or support, to make payments from the	138331
principal of the trust or from the income derived from the	138332
principal, or to convert any portion of the principal into cash,	138333
whether pursuant to an ascertainable standard specified in the	138334
instrument or otherwise;	138335

(3) The trust instrument provides that trust assets can be	138336
used only to provide supplemental services, as defined by rule of	138337
the director of ~~mental health~~mental health and addiction services	138338
under section ~~5119.01~~5119.10 of the Revised Code or the director	138339
of developmental disabilities under section 5123.04 of the Revised	138340
Code, to the beneficiary;	138341

(4) The trust is maintained and assets are distributed in	138342
accordance with rules adopted by the director of ~~mental health~~	138343
mental health and addiction services under section ~~5119.01~~5119.10	138344
of the Revised Code or the director of developmental disabilities	138345
under section 5123.04 of the Revised Code;	138346

(5) The trust instrument provides that on the death of the	138347
beneficiary, a portion of the remaining assets of the trust, which	138348
shall be not less than fifty per cent of such assets, will be	138349
deposited to the credit of the services fund for individuals with	138350
mental illness created by section ~~5119.17~~5119.51 of the Revised	138351
Code or the services fund for individuals with mental retardation	138352
and developmental disabilities created by section 5123.40 of the	138353
Revised Code.	138354

(E) In 1994, the trust principal maximum amount for a trust	138355
created under this section shall be two hundred thousand dollars.	138356
The maximum amount for a trust created under this section prior to	138357
November 11, 1994, may be increased to two hundred thousand	138358
dollars.	138359

In 1995, the maximum amount for a trust created under this	138360
section shall be two hundred two thousand dollars. Each year	138361
thereafter, the maximum amount shall be the prior year's amount	138362
plus two thousand dollars.	138363

(F) This section does not limit or otherwise affect the	138364
creation, validity, interpretation, or effect of any trust that is	138365
not created under this section.	138366

(G) Once a trustee takes action on a trust created by a	138367
settlor under this section and disburses trust funds on behalf of	138368
the beneficiary of the trust, then the trust may not be terminated	138369
or otherwise revoked by a particular event or otherwise without	138370
payment into the services fund created pursuant to section ~~5119.17~~	138371
5119.51 or 5123.40 of the Revised Code of an amount that is equal	138372
to the disbursements made on behalf of the beneficiary for medical	138373
care by the state from the date the trust vests but that is not	138374
more than fifty per cent of the trust corpus.	138375

Sec. 5902.02. The duties of the director of veterans	138376
services shall include the following:	138377

(A) Furnishing the veterans service commissions of all	138378
counties of the state copies of the state laws, rules, and	138379
legislation relating to the operation of the commissions and their	138380
offices;	138381

(B) Upon application, assisting the general public in	138382
obtaining records of vital statistics pertaining to veterans or	138383
their dependents;	138384

(C) Adopting rules pursuant to Chapter 119. of the Revised	138385
Code pertaining to minimum qualifications for hiring, certifying,	138386
and accrediting county veterans service officers, pertaining to	138387
their required duties, and pertaining to revocation of the	138388
certification of county veterans service officers;	138389

(D) Adopting rules pursuant to Chapter 119. of the Revised	138390
Code for the education, training, certification, and duties of	138391
veterans service commissioners and for the revocation of the	138392
certification of a veterans service commissioner;	138393

(E) Developing and monitoring programs and agreements	138394
enhancing employment and training for veterans in single or	138395
multiple county areas;	138396

(F) Developing and monitoring programs and agreements to	138397
enable county veterans service commissions to address	138398
homelessness, indigency, and other veteran-related issues	138399
individually or jointly;	138400

(G) Developing and monitoring programs and agreements to	138401
enable state agencies, individually or jointly, that provide	138402
services to veterans, including the veterans' homes operated under	138403
Chapter 5907. of the Revised Code and the director of job and	138404
family services, to address homelessness, indigency, employment,	138405
and other veteran-related issues;	138406

(H) Establishing and providing statistical reporting formats	138407
and procedures for county veterans service commissions;	138408

(I) Publishing electronically a listing of county veterans	138409
service offices and county veterans service commissioners. The	138410
listing shall include the expiration dates of commission members'	138411
terms of office and the organizations they represent; the names,	138412
addresses, and telephone numbers of county veterans service	138413
offices; and the addresses and telephone numbers of the Ohio	138414
offices and headquarters of state and national veterans service	138415
organizations.	138416

(J) Establishing a veterans advisory committee to advise and	138417
assist the department of veterans services in its duties. Members	138418
shall include a member of the national guard association of the	138419
United States who is a resident of this state, a member of the	138420
military officers association of America who is a resident of this	138421
state, a state representative of congressionally chartered	138422
veterans organizations referred to in section 5901.02 of the	138423
Revised Code, a representative of any other congressionally	138424
chartered state veterans organization that has at least one	138425
veterans service commissioner in the state, three representatives	138426
of the Ohio state association of county veterans service	138427
commissioners, who shall have a combined vote of one, three	138428
representatives of the state association of county veterans	138429
service officers, who shall have a combined vote of one, one	138430
representative of the county commissioners association of Ohio,	138431
who shall be a county commissioner not from the same county as any	138432
of the other county representatives, a representative of the	138433
advisory committee on women veterans, a representative of a labor	138434
organization, and a representative of the office of the attorney	138435
general. The department of veterans services shall submit to the	138436
advisory committee proposed rules for the committee's operation.	138437
The committee may review and revise these proposed rules prior to	138438
submitting them to the joint committee on agency rule review.	138439

(K) Adopting, with the advice and assistance of the veterans	138440
advisory committee, policy and procedural guidelines that the	138441
veterans service commissions shall adhere to in the development	138442
and implementation of rules, policies, procedures, and guidelines	138443
for the administration of Chapter 5901. of the Revised Code. The	138444
department of veterans services shall adopt no guidelines or rules	138445
regulating the purposes, scope, duration, or amounts of financial	138446
assistance provided to applicants pursuant to sections 5901.01 to	138447
5901.15 of the Revised Code. The director of veterans services may	138448
obtain opinions from the office of the attorney general regarding	138449
rules, policies, procedures, and guidelines of the veterans	138450
service commissions and may enforce compliance with Chapter 5901.	138451
of the Revised Code.	138452

(L) Receiving copies of form DD214 filed in accordance with	138453
the director's guidelines adopted under division (L) of this	138454
section from members of veterans service commissions appointed	138455
under section 5901.02 and from county veterans service officers	138456
employed under section 5901.07 of the Revised Code;	138457

(M) Developing and maintaining and improving a resource, such	138458
as a telephone answering point or a web site, by means of which	138459
veterans and their dependents, through a single portal, can access	138460
multiple sources of information and interaction with regard to the	138461
rights of, and the benefits available to, veterans and their	138462
dependents. The director of veterans services may enter into	138463
agreements with state and federal agencies, with agencies of	138464
political subdivisions, with state and local instrumentalities,	138465
and with private entities as necessary to make the resource as	138466
complete as is possible.	138467

(N) Planning, organizing, advertising, and conducting	138468
outreach efforts, such as conferences and fairs, at which veterans	138469
and their dependents may meet, learn about the organization and	138470
operation of the department of veterans services and of veterans	138471
service commissions, and obtain information about the rights of,	138472
and the benefits and services available to, veterans and their	138473
dependents;	138474

(O) Advertising, in print, on radio and television, and	138475
otherwise, the rights of, and the benefits and services available	138476
to, veterans and their dependents;	138477

(P) Developing and advocating improved benefits and services	138478
for, and improved delivery of benefits and services to, veterans	138479
and their dependents;	138480

(Q) Searching for, identifying, and reviewing statutory and	138481
administrative policies that relate to veterans and their	138482
dependents and reporting to the general assembly statutory and	138483
administrative policies that should be consolidated in whole or in	138484
part within the organization of the department of veterans	138485
services to unify funding, delivery, and accounting of statutory	138486
and administrative policy expressions that relate particularly to	138487
veterans and their dependents;	138488

(R) Encouraging veterans service commissions to innovate and	138489
otherwise to improve efficiency in delivering benefits and	138490
services to veterans and their dependents and to report successful	138491
innovations and efficiencies to the director of veterans services;	138492

(S) Publishing and encouraging adoption of successful	138493
innovations and efficiencies veterans service commissions have	138494
achieved in delivering benefits and services to veterans and their	138495
dependents;	138496

(T) Establishing advisory committees, in addition to the	138497
veterans advisory committee established under division (K) of this	138498
section, on veterans issues;	138499

(U) Developing and maintaining a relationship with the United	138500
States department of veterans affairs, seeking optimal federal	138501
benefits and services for Ohio veterans and their dependents, and	138502
encouraging veterans service commissions to maximize the federal	138503
benefits and services to which veterans and their dependents are	138504
entitled;	138505

(V) Developing and maintaining relationships with the several	138506
veterans organizations, encouraging the organizations in their	138507
efforts at assisting veterans and their dependents, and advocating	138508
for adequate state subsidization of the organizations;	138509

(W) Requiring the several veterans organizations that receive	138510
funding from the state annually, not later than the thirtieth day	138511
of July, to report to the director of veterans services and	138512
prescribing the form and content of the report;	138513

(X) Reviewing the reports submitted to the director under	138514
division (W) of this section within thirty days of receipt and	138515
informing the veterans organization of any deficiencies that exist	138516
in the organization's report and that funding will not be released	138517
until the deficiencies have been corrected and a satisfactory	138518
report submitted;	138519

(Y) Advising the director of budget and management when a	138520
report submitted to the director under division (W) of this	138521
section has been reviewed and determined to be satisfactory;	138522

(Z) Furnishing copies of all reports that the director of	138523
veterans services has determined have been submitted	138524
satisfactorily under division (W) of this section to the	138525
chairperson of the finance committees of the general assembly;	138526

(AA) Investigating complaints against county veterans	138527
services commissioners and county veterans service officers if the	138528
director reasonably believes the investigation to be appropriate	138529
and necessary;	138530

~~(Y)~~(BB) Taking any other actions required by this chapter.

138531

Sec. 5905.02. Whenever it appears that a person is eligible	138532
for care or treatment by the veterans' administration or other	138533
agency of the United States, and hospitalization is necessary for	138534
the proper care or treatment of such person, the probate court,	138535
upon receipt of a certificate from the veterans' administration or	138536
such other agency showing that facilities are available and such	138537
person is eligible for care or treatment therein, may order such	138538
person to said veterans' administration or other agency for care	138539
and treatment.	138540

Upon admission, such person shall be subject to the	138541
applicable regulations of the veterans' administration or other	138542
agency of the United States. The chief officer of any hospital to	138543
which any person is admitted pursuant to hospitalization as	138544
provided in sections 5905.01 to 5905.19 of the Revised Code, or	138545
under the law in effect at the time of such admission, shall have	138546
the same powers as are exercised by heads of hospitals for mental	138547
diseases and the department of ~~mental health~~mental health and	138548
addiction services with respect to the retention, transfer,	138549
parole, or discharge of the person hospitalized; provided no	138550
person shall be transferred to a hospital operated by the state or	138551
any political subdivision thereof without the consent of such	138552
department.	138553

The right of such person to appear and defend shall not be	138554
denied.	138555

The judgment or order of hospitalization by a court of	138556
competent jurisdiction of another state ordering a person to the	138557
veterans' administration or other agency of the United States, or	138558
any hospital operated by any such agency, for care or treatment	138559
shall have the same effect as to such person while in this state	138560
as in the state in which the court entering such judgment or	138561
making such order is situated, provided that no nonresident	138562
ordered to a veterans' administration facility located in Ohio	138563
shall thereby acquire a legal settlement in Ohio.	138564

Upon receipt of a certificate that facilities are available	138565
in any such hospital operated by the United States for the care or	138566
treatment of any person ordered to any hospital for the mentally	138567
ill or other hospital in this state for the care of persons	138568
similarly afflicted, and that such person is eligible for such	138569
care or treatment, such department may transfer any such person to	138570
the veterans' administration or other agency of the United States	138571
in the state. Upon effecting any such transfer, the ordering court	138572
shall be notified thereof by the transferring agency; provided	138573
that no such person shall be transferred if hethe person is	138574
confined pursuant to conviction of any crime or misdemeanor, or if	138575
hethe person has been acquitted of any such charge solely on the	138576
ground of insanity, unless prior to such transfer the court	138577
originally ordering such person enters an order for such transfer	138578
after appropriate motion and hearing.	138579

Any person transferred as provided in this section is ordered	138580
to the veterans' administration or other agency of the United	138581
States pursuant to the original order as though hethe person had	138582
been originally so ordered.	138583

Sec. 5910.02. There is hereby created an Ohio war orphans	138584
scholarship board as part of the department of veterans services.	138585
The board consists of eight members as follows: the chancellor of	138586
the Ohio board of regents or the chancellor's designee; the	138587
director of veterans services or the director's designee; one	138588
member of the house of representatives, appointed by the speaker;	138589
one member of the senate, appointed by the president of the	138590
senate; and four members appointed by the governor, one of whom	138591
shall be a representative of the American Legion, one of whom	138592
shall be a representative of the Veterans of Foreign Wars, one of	138593
whom shall be a representative of the Disabled American Veterans,	138594
and one of whom shall be a representative of the AMVETS. At least	138595
ninety days prior to the expiration of the term of office of the	138596
representative of a veterans organization appointed by the	138597
governor, the governor shall notify the state headquarters of the	138598
affected organization of the need for an appointment and request	138599
the organization to make at least three nominations. Within sixty	138600
days after making the request for nominations, the governor may	138601
make the appointment from the nominations received, or may reject	138602
all the nominations and request at least three new nominations,	138603
from which the governor shall make an appointment within thirty	138604
days after making the request for the new nominations. If the	138605
governor receives no nominations during this thirty-day period,	138606
the governor may appoint any veteran.	138607

Terms of office for the four members appointed by the	138608
governor shall be for four years, commencing on the first day of	138609
January and ending on the thirty-first day of December, except	138610
that the term of the AMVETS representative shall expire December	138611
31, 1998, and the new term that succeeds it shall commence on	138612
January 1, 1999, and end on December 31, 2002. Each member shall	138613
hold office from the date of the member's appointment until the	138614
end of the term for which the member was appointed. The other	138615
members shall serve during their terms of office. Any vacancy	138616
shall be filled by appointment in the same manner as by original	138617
appointment. Any member appointed to fill a vacancy occurring	138618
prior to the expiration of the term for which the member's	138619
predecessor was appointed shall hold office for the remainder of	138620
such term. Any appointed member shall continue in office	138621
subsequent to the expiration date of the member's term until the	138622
member's successor takes office, or until a period of sixty days	138623
has elapsed, whichever occurs first. The members of the board	138624
shall serve without pay but shall be reimbursed for travel	138625
expenses and for other actual and necessary expenses incurred in	138626
the performance of their duties, not to exceed ten dollars per day	138627
for ten days in any one year to be appropriated out of any moneys	138628
in the state treasury to the credit of the general revenue fund.	138629

The chancellor of the board of regents shall act as secretary	138630
to the board and shall furnish such clerical and other assistance	138631
as may be necessary to the performance of the duties of the board.	138632

The board shall determine the number of scholarships to be	138633
made available, receive applications for scholarships, pass upon	138634
the eligibility of applicants, decide which applicants are to	138635
receive scholarships, and do all other things necessary for the	138636
proper administration of this chapter.	138637

The board may apply for, and may receive and accept, grants,	138638
and may receive and accept gifts, bequests, and contributions,	138639
from public and private sources, including agencies and	138640
instrumentalities of the United States and this state, and shall	138641
deposit the grants, gifts, bequests, or contributions into the	138642
Ohio war orphans scholarship donation fund.	138643

Sec. 5910.07. The Ohio war orphans scholarship donation fund	138644
is created in the state treasury. The fund shall consist of gifts,	138645
bequests, grants, and contributions made to the fund under section	138646
5910.02 of the Revised Code. Investment earnings of the fund shall	138647
be deposited into the fund. The fund shall be used to operate the	138648
war orphans scholarship program and to provide grants under	138649
sections 5910.01 to 5910.06 of the Revised Code.	138650

Sec. 5910.08. There is hereby created in the state treasury	138651
the war orphans scholarship reserve fund. Not later than the first	138652
day of July of each fiscal year, the chancellor of the Ohio board	138653
of regents shall certify to the director of budget and management	138654
the unencumbered balance of the general revenue fund	138655
appropriations made in the immediately preceding fiscal year for	138656
purposes of the war orphans scholarship program created in Chapter	138657
5910. of the Revised Code. Upon receipt of the certification, the	138658
director may transfer an amount not exceeding the certified amount	138659
from the general revenue fund to the war orphans scholarship	138660
reserve fund. Moneys in the war orphans scholarship reserve fund	138661
shall be used to pay scholarship obligations in excess of the	138662
general revenue fund appropriations made for that purpose.	138663

The director may transfer any unencumbered balance from the	138664
war orphans scholarship reserve fund to the general revenue fund.	138665

Sec. 5919.34. (A) As used in this section:

138666

(1) "Academic term" means any one of the following:

138667

(a) Fall term, which consists of fall semester or fall	138668
quarter, as appropriate;	138669

(b) Winter term, which consists of winter semester, winter	138670
quarter, or spring semester, as appropriate;	138671

138672

(d) Summer term, which consists of summer semester or summer	138673
quarter, as appropriate.	138674

(2) "Eligible applicant" means any individual to whom all of	138675
the following apply:	138676

(a) The individual does not possess a baccalaureate degree.

138677

(b) The individual has enlisted, re-enlisted, or extended	138678
current enlistment in the Ohio national guard or is an individual	138679
to which division (F) of this section applies.	138680

(c) The individual is actively enrolled as a full-time or	138681
part-time student for at least three credit hours of course work	138682
in a semester or quarter in a two-year or four-year	138683
degree-granting program at a state institution of higher education	138684
or a private institution of higher education, or in a	138685
diploma-granting program at a state or private institution of	138686
higher education that is a school of nursing.	138687

(d) The individual has not accumulated ninety-six eligibility	138688
units under division (E) of this section.	138689

(3) "State institution of higher education" means any state	138690
university or college as defined in division (A)(1) of section	138691
3345.12 of the Revised Code, community college established under	138692
Chapter 3354. of the Revised Code, state community college	138693
established under Chapter 3358. of the Revised Code, university	138694
branch established under Chapter 3355. of the Revised Code, or	138695
technical college established under Chapter 3357. of the Revised	138696
Code.	138697

(4) "Private institution of higher education" means an Ohio	138698
institution of higher education that is nonprofit and has received	138699
a certificate of authorization pursuant to Chapter 1713. of the	138700
Revised Code, that is a private institution exempt from regulation	138701
under Chapter 3332. of the Revised Code as prescribed in section	138702
3333.046 of the Revised Code, or that holds a certificate of	138703
registration and program authorization issued by the state board	138704
of career colleges and schools pursuant to section 3332.05 of the	138705
Revised Code.	138706

(5) "Tuition" means the charges imposed to attend an	138707
institution of higher education and includes general and	138708
instructional fees. "Tuition" does not include laboratory fees,	138709
room and board, or other similar fees and charges.	138710

(B) There is hereby created a scholarship program to be known	138711
as the Ohio national guard scholarship program.	138712

(C) The adjutant general shall approve scholarships for all	138713
eligible applicants. The adjutant general shall process all	138714
applications for scholarships for each academic term in the order	138715
in which they are received. The scholarships shall be made without	138716
regard to financial need. At no time shall one person be placed in	138717
priority over another because of sex, race, or religion.	138718

(D)(1) Except as provided in divisions (I) and (J) of this	138719
section, for each academic term that an eligible applicant is	138720
approved for a scholarship under this section and either remains a	138721
current member in good standing of the Ohio national guard or is	138722
eligible for a scholarship under division (F)(1) of this section,	138723
the institution of higher education in which the applicant is	138724
enrolled shall, if the applicant's enlistment obligation extends	138725
beyond the end of that academic term or if division (F)(1) of this	138726
section applies, be paid on the applicant's behalf the applicable	138727
one of the following amounts:	138728

(a) If the institution is a state institution of higher	138729
education, an amount equal to one hundred per cent of the	138730
institution's tuition charges;	138731

(b) If the institution is a nonprofit private institution or	138732
a private institution exempt from regulation under Chapter 3332.	138733
of the Revised Code as prescribed in section 3333.046 of the	138734
Revised Code, an amount equal to one hundred per cent of the	138735
average tuition charges of all state universities;	138736

(c) If the institution is an institution that holds a	138737
certificate of registration from the state board of career	138738
colleges and schools, the lesser of the following:	138739

(i) An amount equal to one hundred per cent of the	138740
institution's tuition;	138741

(ii) An amount equal to one hundred per cent of the average	138742
tuition charges of all state universities, as that term is defined	138743
in section 3345.011 of the Revised Code.	138744

(2) An eligible applicant's scholarship shall not be reduced	138745
by the amount of that applicant's benefits under "the Montgomery	138746
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	138747

(E) A scholarship recipient under this section shall be	138748
entitled to receive scholarships under this section for the number	138749
of quarters or semesters it takes the recipient to accumulate	138750
ninety-six eligibility units as determined under divisions (E)(1)	138751
to (3) of this section.	138752

(1) To determine the maximum number of semesters or quarters	138753
for which a recipient is entitled to a scholarship under this	138754
section, the adjutant general shall convert a recipient's credit	138755
hours of enrollment for each academic term into eligibility units	138756
in accordance with the following table:	138757

		The			138758
Number of		following		The following	138759
credit hours		number of		number of	138760
of enrollment		eligibility		eligibility	138761
in an academic		units if a		units if a	138762
term	equals	semester	or	quarter	138763
					138764
12 or more hours		12 units		8 units	138765
9 but less than 12		9 units		6 units	138766
6 but less than 9		6 units		4 units	138767
3 but less than 6		3 units		2 units	138768

(2) A scholarship recipient under this section may continue	138769
to apply for scholarships under this section until the recipient	138770
has accumulated ninety-six eligibility units.	138771

(3) If a scholarship recipient withdraws from courses prior	138772
to the end of an academic term so that the recipient's enrollment	138773
for that academic term is less than three credit hours, no	138774
scholarship shall be paid on behalf of that person for that	138775
academic term. Except as provided in division (F)(3) of this	138776
section, if a scholarship has already been paid on behalf of the	138777
person for that academic term, the adjutant general shall add to	138778
that person's accumulated eligibility units the number of	138779
eligibility units for which the scholarship was paid.	138780

(F) This division applies to any eligible applicant called	138781
into active duty on or after September 11, 2001. As used in this	138782
division, "active duty" means active duty pursuant to an executive	138783
order of the president of the United States, an act of the	138784
congress of the United States, or section 5919.29 or 5923.21 of	138785
the Revised Code.	138786

(1) For a period of up to five years from when an	138787
individual's enlistment obligation in the Ohio national guard	138788
ends, an individual to whom this division applies is eligible for	138789
scholarships under this section for those academic terms that were	138790
missed or could have been missed as a result of the individual's	138791
call into active duty. Scholarships shall not be paid for the	138792
academic term in which an eligible applicant's enlistment	138793
obligation ends unless an applicant is eligible under this	138794
division for a scholarship for such academic term due to previous	138795
active duty.	138796

(2) When an individual to whom this division applies	138797
withdraws or otherwise fails to complete courses, for which	138798
scholarships have been awarded under this section, because the	138799
individual was called into active duty, the institution of higher	138800
education shall grant the individual a leave of absence from the	138801
individual's education program and shall not impose any academic	138802
penalty for such withdrawal or failure to complete courses.	138803
Division (F)(2) of this section applies regardless of whether or	138804
not the scholarship amount was paid to the institution of higher	138805
education.	138806

(3) If an individual to whom this division applies withdraws	138807
or otherwise fails to complete courses because the individual was	138808
called into active duty, and if scholarships for those courses	138809
have already been paid, either:	138810

(a) The adjutant general shall not add to that person's	138811
accumulated eligibility units calculated under division (E) of	138812
this section the number of eligibility units for the academic	138813
courses or term for which the scholarship was paid and the	138814
institution of higher education shall repay the scholarship amount	138815
to the state.	138816

(b) The adjutant general shall add to that individual's	138817
accumulated eligibility units calculated under division (E) of	138818
this section the number of eligibility units for the academic	138819
courses or term for which the scholarship was paid if the	138820
institution of higher education agrees to permit the individual to	138821
complete the remainder of the academic courses in which the	138822
individual was enrolled at the time the individual was called into	138823
active duty.	138824

(4) No individual who is discharged from the Ohio national	138825
guard under other than honorable conditions shall be eligible for	138826
scholarships under this division.	138827

(G) A scholarship recipient under this section who fails to	138828
complete the term of enlistment, re-enlistment, or extension of	138829
current enlistment the recipient was serving at the time a	138830
scholarship was paid on behalf of the recipient under this section	138831
is liable to the state for repayment of a percentage of all Ohio	138832
national guard scholarships paid on behalf of the recipient under	138833
this section, plus interest at the rate of ten per cent per annum	138834
calculated from the dates the scholarships were paid. This	138835
percentage shall equal the percentage of the current term of	138836
enlistment, re-enlistment, or extension of enlistment a recipient	138837
has not completed as of the date the recipient is discharged from	138838
the Ohio national guard.	138839

The attorney general may commence a civil action on behalf of	138840
the chancellor of the Ohio board of regents to recover the amount	138841
of the scholarships and the interest provided for in this division	138842
and the expenses incurred in prosecuting the action, including	138843
court costs and reasonable attorney's fees. A scholarship	138844
recipient is not liable under this division if the recipient's	138845
failure to complete the term of enlistment being served at the	138846
time a scholarship was paid on behalf of the recipient under this	138847
section is due to the recipient's death or discharge from the	138848
national guard due to disability.	138849

(H) On or before the first day of each academic term, the	138850
adjutant general shall provide an eligibility roster to the	138851
chancellor and to each institution of higher education at which	138852
one or more scholarship recipients have applied for enrollment.	138853
The institution shall use the roster to certify the actual	138854
full-time or part-time enrollment of each scholarship recipient	138855
listed as enrolled at the institution and return the roster to the	138856
adjutant general and the chancellor. Except as provided in	138857
division (J) of this section, the chancellor shall provide for	138858
payment of the appropriate number and amount of scholarships to	138859
each institution of higher education pursuant to division (D) of	138860
this section. If an institution of higher education fails to	138861
certify the actual enrollment of a scholarship recipient listed as	138862
enrolled at the institution within thirty days of the end of an	138863
academic term, the institution shall not be eligible to receive	138864
payment from the Ohio national guard scholarship program or from	138865
the individual enrollee. The adjutant general shall report on a	138866
semiannual basis to the director of budget and management, the	138867
speaker of the house of representatives, the president of the	138868
senate, and the chancellor the number of Ohio national guard	138869
scholarship recipients, the size of the scholarship-eligible	138870
population, and a projection of the cost of the program for the	138871
remainder of the biennium.	138872

(I) The chancellor and the adjutant general may adopt rules	138873
pursuant to Chapter 119. of the Revised Code governing the	138874
administration and fiscal management of the Ohio national guard	138875
scholarship program and the procedure by which the chancellor and	138876
the department of the adjutant general may modify the amount of	138877
scholarships a member receives based on the amount of other state	138878
financial aid a member receives.	138879

(J) The adjutant general, the chancellor, and the director,	138880
or their designees, shall jointly estimate the costs of the Ohio	138881
national guard scholarship program for each upcoming fiscal	138882
biennium, and shall report that estimate prior to the beginning of	138883
the fiscal biennium to the chairpersons of the finance committees	138884
in the general assembly. During each fiscal year of the biennium,	138885
the adjutant general, the chancellor, and the director, or their	138886
designees, shall meet regularly to monitor the actual costs of the	138887
Ohio national guard scholarship program and update cost	138888
projections for the remainder of the biennium as necessary. If the	138889
amounts appropriated for the Ohio national guard scholarship	138890
program and any funds in the Ohio national guard scholarship	138891
reserve fund and the Ohio national guard scholarship donation fund	138892
are not adequate to provide scholarships in the amounts specified	138893
in division (D)(1) of this section for all eligible applicants,	138894
the chancellor shall do all of the following:	138895

(1) Notify each private institution of higher education,	138896
where a scholarship recipient is enrolled, that, by accepting the	138897
Ohio national guard scholarship program as payment for all or part	138898
of the institution's tuition, the institution agrees that if the	138899
chancellor reduces the amount of each scholarship, the institution	138900
shall provide each scholarship recipient a grant or tuition waiver	138901
in an amount equal to the amount the recipient's scholarship was	138902
reduced by the chancellor.	138903

(2) Reduce the amount of each scholarship under division	138904
(D)(1)(a) of this section proportionally based on the amount of	138905
remaining available funds. Each state institution of higher	138906
education shall provide each scholarship recipient under division	138907
(D)(1)(a) of this section a grant or tuition waiver in an amount	138908
equal to the amount the recipient's scholarship was reduced by the	138909
chancellor.	138910

(K) Notwithstanding division (A) of section 127.14 of the	138911
Revised Code, the controlling board shall not transfer all or part	138912
of any appropriation for the Ohio national guard scholarship	138913
program.	138914

(L) The chancellor and the adjutant general may apply for,	138915
and may receive and accept grants, and may receive and accept	138916
gifts, bequests, and contributions, from public and private	138917
sources, including agencies and instrumentalities of the United	138918
States and this state, and shall deposit the grants, gifts,	138919
bequests, or contributions into the national guard scholarship	138920
~~reserve~~donation fund.	138921

Sec. 5919.342. The national guard scholarship donation fund	138922
is created in the state treasury. The fund shall consist of gifts,	138923
bequests, grants, and contributions made to the fund under	138924
division (L) of section 5919.34 of the Revised Code. Investment	138925
earnings of the fund shall be deposited into the fund. The fund	138926
shall be used to operate the Ohio national guard scholarship	138927
program created under section 5919.34 of the Revised Code.	138928

Sec. 5924.502. (A) If the issue of an accused's competence	138929
to stand trial is raised or if an accused enters a plea of not	138930
guilty by reason of insanity, the court may order one or more	138931
evaluations of the accused's present mental condition or, in the	138932
case of a plea of not guilty by reason of insanity, of the	138933
accused's mental condition at the time of the offense charged. An	138934
examiner shall conduct the evaluation.	138935

(B) If the court orders more than one evaluation under	138936
division (A) of this section, the trial counsel and the defense	138937
counsel may recommend to the court an examiner whom each prefers	138938
to perform one of the evaluations. If an accused enters a plea of	138939
not guilty by reason of insanity and if the court does not	138940
designate an examiner recommended by the defense counsel, the	138941
court shall inform the accused that the accused may have	138942
independent expert evaluation and that it will be obtained for the	138943
accused at public expense.	138944

(C) If the court orders an evaluation under division (A) of	138945
this section, the accused shall be available at the times and	138946
places established by the examiners who are to conduct the	138947
evaluation. The court may order an accused who is not being held	138948
in pretrial confinement to submit to an evaluation under this	138949
section. If an accused who is not being held in pretrial	138950
confinement refuses to submit to a complete evaluation, the court	138951
may order the sheriff to take the accused into custody and deliver	138952
the accused to a center, program, or facility operated or	138953
certified by the department of ~~mental health~~mental health and	138954
addiction services where the accused may be held for evaluation	138955
for a reasonable period of time not to exceed twenty days.	138956

(D) An accused who is being held in pretrial confinement may	138957
be evaluated at the accused's place of detention. Upon the request	138958
of the examiner, the court may order the sheriff to transport the	138959
accused to a program or facility operated or certified by the	138960
department of ~~mental health~~mental health and addiction services,	138961
where the accused may be held for evaluation for a reasonable	138962
period of time not to exceed twenty days, and to return the	138963
accused to the place of detention after the evaluation.	138964

(E) If a court orders the evaluation to determine an	138965
accused's mental condition at the time of the offense charged, the	138966
court shall inform the examiner of the offense with which the	138967
accused is charged.	138968

(F) In conducting an evaluation of an accused's mental	138969
condition at the time of the offense charged, the examiner shall	138970
consider all relevant evidence. If the offense charged involves	138971
the use of force against another person, the relevant evidence to	138972
be considered includes, but is not limited to, any evidence that	138973
the accused suffered at the time of the commission of the offense	138974
from the "battered woman syndrome."	138975

(G) The examiner shall file a written report with the court	138976
within thirty days after entry of a court order for evaluation,	138977
and the court shall provide copies of the report to the trial	138978
counsel and defense counsel. The report shall include all of the	138979
following:	138980

(1) The examiner's findings;

138981

(2) The facts in reasonable detail on which the findings are	138982
based;	138983

(3) If the evaluation was ordered to determine the accused's	138984
competence to stand trial, all of the following findings or	138985
recommendations that are applicable:	138986

(a) Whether the accused is capable of understanding the	138987
nature and objective of the proceedings against the accused or of	138988
assisting in the accused's defense;	138989

(b) If the examiner's opinion is that the accused is	138990
incapable of understanding the nature and objective of the	138991
proceedings against the accused or of assisting in the accused's	138992
defense, whether the accused presently is mentally ill;	138993

(c) If the examiner's opinion is that the accused is	138994
incapable of understanding the nature and objective of the	138995
proceedings against the accused or of assisting in the accused's	138996
defense, the examiner's opinion as to the likelihood of the	138997
accused becoming capable of understanding the nature and objective	138998
of the proceedings against the accused and of assisting in the	138999
accused's defense within one year if the accused is provided with	139000
a course of treatment;	139001

(d) If the examiner's opinion is that the accused is	139002
incapable of understanding the nature and objective of the	139003
proceedings against the accused or of assisting in the accused's	139004
defense and that the accused presently is mentally ill, the	139005
examiner's recommendation as to the least restrictive placement or	139006
commitment alternative, consistent with the accused's treatment	139007
needs for restoration to competency and with the safety of the	139008
community;	139009

(e) If the accused is charged before a special or summary	139010
court-martial with an offense that is not a violation of section	139011
5924.120, 5924.127, or 5924.128 of the Revised Code and the	139012
examiner's opinion is that the accused is incapable of	139013
understanding the nature and objective of the proceedings against	139014
the accused or of assisting in the accused's defense and that the	139015
accused is presently mentally ill, the examiner's recommendation	139016
as to whether the accused is amenable to engagement in mental	139017
health treatment.	139018

(4) If the evaluation was ordered to determine the accused's	139019
mental condition at the time of the offense charged, the	139020
examiner's findings as to whether the accused at the time of the	139021
offense charged did not know, as a result of a severe mental	139022
disease or defect, the wrongfulness of the accused's acts charged.	139023

(H) An examiner appointed under divisions (A) and (B) of this	139024
section to evaluate an accused to determine the accused's	139025
competence to stand trial also may be appointed to evaluate an	139026
accused who has entered a plea of not guilty by reason of	139027
insanity, but an examiner of that nature shall prepare separate	139028
reports on the issue of competence to stand trial and the defense	139029
of not guilty by reason of insanity.	139030

(I) No statement that an accused makes in an evaluation or	139031
hearing under divisions (A) to (H) of this section relating to the	139032
accused's competence to stand trial or to the accused's mental	139033
condition at the time of the offense charged may be used against	139034
the accused on the issue of guilt in any criminal action or	139035
proceeding, but, in a criminal action or proceeding, the trial	139036
counsel or defense counsel may call as a witness any person who	139037
evaluated the accused or prepared a report pursuant to a referral	139038
under this section. Neither the appointment nor the testimony of	139039
an examiner appointed under this section precludes the trial	139040
counsel or defense counsel from calling other witnesses or	139041
presenting other evidence on competency or insanity issues.	139042

(J) Persons appointed as examiners under divisions (A) and	139043
(B) of this section or under division (H) of this section shall be	139044
paid a reasonable amount for their services and expenses, as	139045
certified by the court.	139046

Sec. 5924.503. (A) If the issue of an accused's competence	139047
to stand trial is raised and if the court, upon conducting the	139048
hearing provided for in section 5924.502 of the Revised Code,	139049
finds that the accused is competent to stand trial, the accused	139050
shall be proceeded against as provided by law. If the court finds	139051
the accused competent to stand trial and the accused is receiving	139052
psychotropic drugs or other medication, the court may authorize	139053
the continued administration of the drugs or medication or other	139054
appropriate treatment in order to maintain the accused's	139055
competence to stand trial unless the accused's attending physician	139056
advises the court against continuation of the drugs, other	139057
medication, or treatment.	139058

(B)(1)(a) If, after taking into consideration all relevant	139059
reports, information, and other evidence, the court finds that the	139060
accused is incompetent to stand trial and that there is a	139061
substantial probability that the accused will become competent to	139062
stand trial within one year if the accused is provided with a	139063
course of treatment, the court shall order the accused to undergo	139064
treatment. If the accused is being tried by a general	139065
court-martial and if, after taking into consideration all relevant	139066
reports, information, and other evidence, the court finds that the	139067
accused is incompetent to stand trial, but the court is unable at	139068
that time to determine whether there is a substantial probability	139069
that the accused will become competent to stand trial within one	139070
year if the accused is provided with a course of treatment, the	139071
court shall order continuing evaluation and treatment of the	139072
accused for a period not to exceed four months to determine	139073
whether there is a substantial probability that the accused will	139074
become competent to stand trial within one year if the accused is	139075
provided with a course of treatment.	139076

(b) The court order for the accused to undergo treatment or	139077
continuing evaluation and treatment under division (B)(1)(a) of	139078
this section shall specify that the accused, if determined to	139079
require mental health treatment or continuing evaluation and	139080
treatment, shall be committed to the department of ~~mental health~~	139081
mental health and addiction services for treatment or continuing	139082
evaluation and treatment at a hospital, facility, or agency	139083
determined to be clinically appropriate by the department of	139084
~~mental health~~mental health and addiction services. The order may	139085
restrict the accused's freedom of movement as the court considers	139086
necessary. The trial counsel in the accused's case shall send to	139087
the chief clinical officer of the hospital, facility, or ~~agency~~	139088
services provider where the accused is placed by the department of	139089
~~mental health~~mental health and addiction services or to the	139090
managing officer of the institution, the director of the facility,	139091
or the person to which the accused is committed copies of relevant	139092
investigative reports and other background information that	139093
pertains to the accused and is available to the trial counsel	139094
unless the trial counsel determines that the release of any of the	139095
information in the investigative reports or any of the other	139096
background information to unauthorized persons would interfere	139097
with the effective prosecution of any person or would create a	139098
substantial risk of harm to any person.	139099

In committing the accused to the department of ~~mental health~~	139100
mental health and addiction services, the court shall consider the	139101
extent to which the person is a danger to the person and to	139102
others, the need for security, and the type of crime involved and,	139103
if the court finds that restrictions on the accused's freedom of	139104
movement are necessary, shall specify the least restrictive	139105
limitations on the person's freedom of movement determined to be	139106
necessary to protect public safety. In weighing these factors, the	139107
court shall give preference to protecting public safety.	139108

(c) If the accused is found incompetent to stand trial, if	139109
the chief clinical officer of the hospital, facility, or ~~agency~~	139110
services provider where the accused is placed, or the managing	139111
officer of the institution, the director of the facility, or the	139112
person to which the accused is committed for treatment or	139113
continuing evaluation and treatment under division (B)(1)(b) of	139114
this section determines that medication is necessary to restore	139115
the accused's competency to stand trial, and if the accused lacks	139116
the capacity to give informed consent or refuses medication, the	139117
chief clinical officer of the hospital, facility, or ~~agency~~	139118
services provider where the accused is placed or the managing	139119
officer of the institution, the director of the facility, or the	139120
person to which the accused is committed for treatment or	139121
continuing evaluation and treatment may petition the court for	139122
authorization for the involuntary administration of medication.	139123
The court shall hold a hearing on the petition within five days of	139124
the filing of the petition. Following the hearing, the court may	139125
authorize the involuntary administration of medication or may	139126
dismiss the petition.	139127

(d) If the accused is charged before a special or summary	139128
court-martial with an offense that is not a violation of section	139129
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	139130
counsel may hold the charges in abeyance while the accused engages	139131
in mental health treatment.	139132

(2) If the court finds that the accused is incompetent to	139133
stand trial and that, even if the accused is provided with a	139134
course of treatment, there is not a substantial probability that	139135
the accused will become competent to stand trial within one year,	139136
the court shall order the discharge of the accused, unless upon	139137
motion of the trial counsel or on its own motion, the court either	139138
seeks to retain jurisdiction over the accused pursuant to division	139139
(A)(2) of section 5924.504 of the Revised Code or files an	139140
affidavit in the probate court for the civil commitment of the	139141
accused pursuant to Chapter 5122. of the Revised Code alleging	139142
that the accused is a mentally ill person subject to	139143
hospitalization by court order. If an affidavit is filed in the	139144
probate court, the trial court shall send to the probate court	139145
copies of all written reports of the accused's mental condition	139146
that were prepared pursuant to section 5924.502 of the Revised	139147
Code.	139148

The trial court may issue the temporary order of detention	139149
that a probate court may issue under section 5122.11 of the	139150
Revised Code, to remain in effect until the probable cause or	139151
initial hearing in the probate court. Further proceedings in the	139152
probate court are civil proceedings governed by Chapter 5122. of	139153
the Revised Code.	139154

(C) No accused shall be required to undergo treatment,	139155
including any continuing evaluation and treatment, under division	139156
(B)(1) of this section for longer than whichever of the following	139157
periods is applicable:	139158

(1) One year, if the accused is being tried by a general	139159
court-martial;	139160

(2) Six months, if the accused is being tried before a	139161
special court-martial;	139162

(3) Sixty days, if the accused is being tried before a	139163
summary court-martial.	139164

(D) Any accused who is committed pursuant to this section	139165
shall not voluntarily admit the accused or be voluntarily admitted	139166
to a hospital or institution pursuant to section 5122.02 or	139167
5122.15 of the Revised Code.	139168

(E) Except as otherwise provided in this division, an accused	139169
who is charged with an offense and is committed by the court under	139170
this section to the department of ~~mental health~~mental health and	139171
addiction services with restrictions on the accused's freedom of	139172
movement shall not be granted unsupervised on-grounds movement,	139173
supervised off-grounds movement, or nonsecured status except in	139174
accordance with the court order. The court may grant an accused	139175
supervised off-grounds movement to obtain medical treatment or	139176
specialized habilitation treatment services if the person who	139177
supervises the treatment or the continuing evaluation and	139178
treatment of the accused ordered under division (B)(1)(a) of this	139179
section informs the court that the treatment or continuing	139180
evaluation and treatment cannot be provided at the hospital or	139181
facility where the accused is placed by the department of ~~mental~~	139182
~~health~~mental health and addiction services. The chief clinical	139183
officer of the hospital or facility where the accused is placed by	139184
the department of ~~mental health~~mental health and addiction	139185
services or the managing officer of the institution or director of	139186
the facility to which the accused is committed or a designee of	139187
any of those persons may grant an accused movement to a medical	139188
facility for an emergency medical situation with appropriate	139189
supervision to ensure the safety of the accused, staff, and	139190
community during that emergency medical situation. The chief	139191
clinical officer of the hospital or facility where the accused is	139192
placed by the department of ~~mental health~~mental health and	139193
addiction services or the managing officer of the institution or	139194
director of the facility to which the accused is committed shall	139195
notify the court within twenty-four hours of the accused's	139196
movement to the medical facility for an emergency medical	139197
situation under this division.	139198

(F) The person who supervises the treatment or continuing	139199
evaluation and treatment of an accused ordered to undergo	139200
treatment or continuing evaluation and treatment under division	139201
(B)(1)(a) of this section shall file a written report with the	139202
court at the following times:	139203

(1) Whenever the person believes the accused is capable of	139204
understanding the nature and objective of the proceedings against	139205
the accused and of assisting in the accused's defense;	139206

(2) Fourteen days before expiration of the maximum time for	139207
treatment as specified in division (C) of this section and	139208
fourteen days before the expiration of the maximum time for	139209
continuing evaluation and treatment as specified in division	139210
(B)(1)(a) of this section;	139211

(3) At a minimum, after each six months of treatment;

139212

(4) Whenever the person who supervises the treatment or	139213
continuing evaluation and treatment of an accused ordered under	139214
division (B)(1)(a) of this section believes that there is not a	139215
substantial probability that the accused will become capable of	139216
understanding the nature and objective of the proceedings against	139217
the accused or of assisting in the accused's defense even if the	139218
accused is provided with a course of treatment.	139219

(G) A report under division (F) of this section shall contain	139220
the examiner's findings, the facts in reasonable detail on which	139221
the findings are based, and the examiner's opinion as to the	139222
accused's capability of understanding the nature and objective of	139223
the proceedings against the accused and of assisting in the	139224
accused's defense. If, in the examiner's opinion, the accused	139225
remains incapable of understanding the nature and objective of the	139226
proceedings against the accused and of assisting in the accused's	139227
defense and there is a substantial probability that the accused	139228
will become capable of understanding the nature and objective of	139229
the proceedings against the accused and of assisting in the	139230
accused's defense if the accused is provided with a course of	139231
treatment, if in the examiner's opinion the accused remains	139232
mentally ill, and if the maximum time for treatment as specified	139233
in division (C) of this section has not expired, the report also	139234
shall contain the examiner's recommendation as to the least	139235
restrictive placement or commitment alternative that is consistent	139236
with the accused's treatment needs for restoration to competency	139237
and with the safety of the community. The court shall provide	139238
copies of the report to the trial counsel and defense counsel.	139239

(H) If an accused is committed pursuant to division (B)(1) of	139240
this section, within ten days after the treating physician of the	139241
accused or the examiner of the accused who is employed or retained	139242
by the treating facility advises that there is not a substantial	139243
probability that the accused will become capable of understanding	139244
the nature and objective of the proceedings against the accused or	139245
of assisting in the accused's defense even if the accused is	139246
provided with a course of treatment, within ten days after the	139247
expiration of the maximum time for treatment as specified in	139248
division (C) of this section, within ten days after the expiration	139249
of the maximum time for continuing evaluation and treatment as	139250
specified in division (B)(1)(a) of this section, within thirty	139251
days after an accused's request for a hearing that is made after	139252
six months of treatment, or within thirty days after being advised	139253
by the treating physician or examiner that the accused is	139254
competent to stand trial, whichever is the earliest, the court	139255
shall conduct another hearing to determine if the accused is	139256
competent to stand trial and shall do whichever of the following	139257
is applicable:	139258

(1) If the court finds that the accused is competent to stand	139259
trial, the accused shall be proceeded against as provided by law.	139260

(2) If the court finds that the accused is incompetent to	139261
stand trial, but that there is a substantial probability that the	139262
accused will become competent to stand trial if the accused is	139263
provided with a course of treatment, and the maximum time for	139264
treatment as specified in division (C) of this section has not	139265
expired, the court, after consideration of the examiner's	139266
recommendation, shall order that treatment be continued, may	139267
change least restrictive limitations on the accused's freedom of	139268
movement.	139269

(3) If the court finds that the accused is incompetent to	139270
stand trial, if the accused is being tried by a general	139271
court-martial, and if the court finds that there is not a	139272
substantial probability that the accused will become competent to	139273
stand trial even if the accused is provided with a course of	139274
treatment, or if the maximum time for treatment as specified in	139275
division (C) of this section has expired, further proceedings	139276
shall be as provided in sections 5924.504 to 5924.506 of the	139277
Revised Code.	139278

(4) If the court finds that the accused is incompetent to	139279
stand trial, if the accused is being tried before a special	139280
court-martial, and if the court finds that there is not a	139281
substantial probability that the accused will become competent to	139282
stand trial even if the accused is provided with a course of	139283
treatment, or if the maximum time for treatment as specified in	139284
division (C) of this section has expired, the court shall dismiss	139285
the charge against the accused. A dismissal under this division is	139286
not a bar to further prosecution based on the same conduct. The	139287
court shall discharge the accused unless the court or trial	139288
counsel files an affidavit in probate court for civil commitment	139289
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	139290
civil commitment is filed, the court may detain the accused for	139291
ten days pending civil commitment. All of the following provisions	139292
apply to persons being tried by a special court-martial who are	139293
committed by the probate court subsequent to the court's or trial	139294
counsel's filing of an affidavit for civil commitment under	139295
authority of this division:	139296

(a) The chief clinical officer of the entity, hospital, or	139297
facility, the managing officer of the institution, or the person	139298
to which the accused is committed or admitted shall do all of the	139299
following:	139300

(i) Notify the trial counsel in writing of the discharge of	139301
the accused, send the notice at least ten days prior to the	139302
discharge unless the discharge is by the probate court, and state	139303
in the notice the date on which the accused will be discharged;	139304

(ii) Notify the trial counsel in writing when the accused is	139305
absent without leave or is granted unsupervised, off-grounds	139306
movement and send this notice promptly after the discovery of the	139307
absence without leave or prior to the granting of the	139308
unsupervised, off-grounds movement, whichever is applicable;	139309

(iii) Notify the trial counsel in writing of the change of	139310
the accused's commitment or admission to voluntary status, send	139311
the notice promptly upon learning of the change to voluntary	139312
status, and state in the notice the date on which the accused was	139313
committed or admitted on a voluntary status.	139314

(b) The trial counsel shall promptly inform the convening	139315
authority of any notification received under division (H)(4)(a) of	139316
this section. Upon receiving notice that the accused will be	139317
granted unsupervised, off-grounds movement, the convening	139318
authority either shall refer the charges against the accused to an	139319
investigating officer again or promptly notify the court that the	139320
convening authority does not intend to refer the charges against	139321
the accused again.	139322

(I) If an accused is convicted of a crime and sentenced to	139323
confinement, the accused's sentence shall be reduced by the total	139324
number of days the accused is confined for evaluation to determine	139325
the accused's competence to stand trial or treatment under this	139326
section and sections 5924.502 and 5924.504 of the Revised Code or	139327
by the total number of days the accused is confined for evaluation	139328
to determine the accused's mental condition at the time of the	139329
offense charged.	139330

Sec. 5924.504. (A) If an accused being tried by a general	139331
court-martial is found incompetent to stand trial, after the	139332
expiration of the maximum time for treatment as specified in	139333
division (C) of section 5924.503 of the Revised Code or after the	139334
court finds that there is not a substantial probability that the	139335
accused will become competent to stand trial even if the accused	139336
is provided with a course of treatment, one of the following	139337
applies:	139338

(1) The court or the trial counsel may file an affidavit in	139339
probate court for civil commitment of the accused in the manner	139340
provided in Chapter 5122. of the Revised Code. If the court or	139341
trial counsel files an affidavit for civil commitment, the court	139342
may detain the accused for ten days pending civil commitment. If	139343
the probate court commits the accused subsequent to the court's or	139344
trial counsel's filing of an affidavit for civil commitment, the	139345
chief clinical officer of the entity, hospital, or facility, the	139346
managing officer of the institution, or the person to which the	139347
accused is committed or admitted shall send to the trial counsel	139348
the notices described in divisions (H)(4)(a)(i) to (iii) of	139349
section 5924.503 of the Revised Code within the periods of time	139350
and under the circumstances specified in those divisions.	139351

(2) On the motion of the trial counsel or on its own motion,	139352
the court may retain jurisdiction over the accused if at a hearing	139353
the court finds both of the following by clear and convincing	139354
evidence:	139355

(a) The accused committed the offense with which the accused	139356
is charged.	139357

(b) The accused is a mentally ill person subject to	139358
hospitalization by court order.	139359

(B) In making its determination under division (A)(2) of this	139360
section as to whether to retain jurisdiction over the accused, the	139361
court may consider all relevant evidence, including, but not	139362
limited to, any relevant psychiatric, psychological, or medical	139363
testimony or reports, the acts constituting the offense charged,	139364
and any history of the accused that is relevant to the accused's	139365
ability to conform to the law.	139366

(C) If the court conducts a hearing as described in division	139367
(A)(2) of this section and if the court does not make both	139368
findings described in divisions (A)(2)(a) and (b) of this section	139369
by clear and convincing evidence, the court shall dismiss the	139370
charges against the accused. Upon the dismissal, the court shall	139371
discharge the accused unless the court or trial counsel files an	139372
affidavit in probate court for civil commitment of the accused	139373
pursuant to Chapter 5122. of the Revised Code. If the court or	139374
trial counsel files an affidavit for civil commitment, the court	139375
may order that the accused be detained for up to ten days pending	139376
the civil commitment. If the probate court commits the accused	139377
subsequent to the court's or trial counsel's filing of an	139378
affidavit for civil commitment, the chief clinical officer of the	139379
entity, hospital, or facility, the managing officer of the	139380
institution, or the person to which the accused is committed or	139381
admitted shall send to the trial counsel the notices described in	139382
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	139383
Code within the periods of time and under the circumstances	139384
specified in those divisions. A dismissal of charges under this	139385
division is not a bar to further criminal proceedings based on the	139386
same conduct.	139387

(D)(1) If the court conducts a hearing as described in	139388
division (A)(2) of this section and if the court makes the	139389
findings described in divisions (A)(2)(a) and (b) of this section	139390
by clear and convincing evidence, the court shall commit the	139391
accused, if determined to require mental health treatment, to the	139392
department of ~~mental health~~mental health and addiction services	139393
for treatment at a hospital, facility, or ~~agency~~services provider	139394
as determined clinically appropriate by the department of ~~mental~~	139395
~~health~~mental health and addiction services. In committing the	139396
accused to the department of ~~mental health~~mental health and	139397
addiction services, the court shall specify the least restrictive	139398
limitations on the accused's freedom of movement determined to be	139399
necessary to protect public safety.	139400

(2) If a court makes a commitment of an accused under	139401
division (D)(1) of this section, the trial counsel shall send to	139402
the hospital, facility, or ~~agency~~services provider where the	139403
accused is placed by the department of ~~mental health~~mental health	139404
and addiction services or to the accused's place of commitment all	139405
reports of the accused's current mental condition and, except as	139406
otherwise provided in this division, any other relevant	139407
information, including, but not limited to, a transcript of the	139408
hearing held pursuant to division (A)(2) of this section, copies	139409
of relevant investigative reports, and copies of any prior arrest	139410
and conviction records that pertain to the accused and that the	139411
trial counsel possesses. The trial counsel shall send the reports	139412
of the accused's current mental condition in every case of	139413
commitment, and, unless the trial counsel determines that the	139414
release of any of the other relevant information to unauthorized	139415
persons would interfere with the effective prosecution of any	139416
person or would create a substantial risk of harm to any person,	139417
the trial counsel also shall send the other relevant information.	139418

(3) If a court makes a commitment under division (D)(1) of	139419
this section, all further proceedings shall be in accordance with	139420
Chapter 5122. of the Revised Code.	139421

Sec. 5924.506. (A) If an accused person is found not guilty	139422
by reason of insanity, the verdict shall state that finding, and	139423
the trial court shall conduct a full hearing to determine whether	139424
the person is a mentally ill person subject to hospitalization by	139425
court order. Prior to the hearing, if the military judge believes	139426
that there is probable cause that the person found not guilty by	139427
reason of insanity is a mentally ill person subject to	139428
hospitalization by court order, the military judge may issue a	139429
temporary order of detention for that person to remain in effect	139430
for ten court days or until the hearing, whichever occurs first.	139431

Any person detained pursuant to a temporary order of	139432
detention issued under this division shall be held in a suitable	139433
facility, taking into consideration the place and type of	139434
confinement prior to and during trial.	139435

(B) The court shall hold the hearing under division (A) of	139436
this section to determine whether the person found not guilty by	139437
reason of insanity is a mentally ill person subject to	139438
hospitalization by court order within ten court days after the	139439
finding of not guilty by reason of insanity. Failure to conduct	139440
the hearing within the ten-day period shall cause the immediate	139441
discharge of the respondent, unless the judge grants a continuance	139442
for not longer than ten court days for good cause shown or for any	139443
period of time upon motion of the respondent.	139444

(C) If a person is found not guilty by reason of insanity,	139445
the person has the right to attend a hearing conducted pursuant to	139446
this section. At the hearing, the court shall inform the person	139447
that the person has all of the following rights:	139448

(1) The right to be represented by defense counsel or to	139449
retain civilian counsel, if the person so chooses;	139450

(2) The right to have independent expert evaluation;

139451

(3) The right to subpoena witnesses and documents, to present	139452
evidence on the person's behalf, and to cross-examine witnesses	139453
against the person;	139454

(4) The right to testify in the person's own behalf and to	139455
not be compelled to testify;	139456

(5) The right to have copies of any relevant medical or	139457
mental health document in the custody of the state or of any place	139458
of commitment other than a document for which the court finds that	139459
the release to the person of information contained in the document	139460
would create a substantial risk of harm to any person.	139461

(D) The hearing under division (A) of this section shall be	139462
open to the public, and the court shall conduct the hearing in	139463
accordance with regulations prescribed by the adjutant general.	139464
The court shall make and maintain a full transcript and record of	139465
the hearing proceedings. The court may consider all relevant	139466
evidence, including, but not limited to, any relevant psychiatric,	139467
psychological, or medical testimony or reports, the acts	139468
constituting the offense in relation to which the person was found	139469
not guilty by reason of insanity, and any history of the person	139470
that is relevant to the person's ability to conform to the law.	139471

(E) Upon completion of the hearing under division (A) of this	139472
section, if the court finds there is not clear and convincing	139473
evidence that the person is a mentally ill person subject to	139474
hospitalization by court order, the court shall discharge the	139475
person, unless a detainer has been placed upon the person by the	139476
department of rehabilitation and correction, in which case the	139477
person shall be returned to that department.	139478

(F) If, at the hearing under division (A) of this section,	139479
the court finds by clear and convincing evidence that the person	139480
is a mentally ill person subject to hospitalization by court	139481
order, it shall commit the person to the department of ~~mental~~	139482
~~health~~mental health and addiction services for placement in a	139483
hospital, facility, or ~~agency~~services provider as determined	139484
clinically appropriate by the department of ~~mental health~~mental	139485
health and addiction services. Further proceedings shall be in	139486
accordance with Chapter 5122. or 5123. of the Revised Code. In	139487
committing the accused to the department of ~~mental health~~mental	139488
health and addiction services, the court shall specify the least	139489
restrictive limitations on the accused's freedom of movement	139490
determined to be necessary to protect public safety.	139491

(G) If a court makes a commitment of a person under division	139492
(F) of this section, the trial counsel shall send to the hospital,	139493
facility, or ~~agency~~services provider where the defendant is	139494
placed by the department of ~~mental health~~mental health and	139495
addiction services or to the accused's place of commitment all	139496
reports of the person's current mental condition, and, except as	139497
otherwise provided in this division, any other relevant	139498
information, including, but not limited to, a transcript of the	139499
hearing held pursuant to division (A) of this section, copies of	139500
relevant investigative reports, and copies of any prior arrest and	139501
conviction records that pertain to the person and that the trial	139502
counsel possesses. The trial counsel shall send the reports of the	139503
person's current mental condition in every case of commitment,	139504
and, unless the trial counsel determines that the release of any	139505
of the other relevant information to unauthorized persons would	139506
interfere with the effective prosecution of any person or would	139507
create a substantial risk of harm to any person, the trial counsel	139508
also shall send the other relevant information.	139509

(H) A person who is committed pursuant to this section shall	139510
not voluntarily admit the person or be voluntarily admitted to a	139511
hospital or institution pursuant to sections 5122.02 and 5122.15	139512
of the Revised Code.	139513

Sec. 6109.21. (A) Except as provided in divisions (I) and	139514
(J) of this section, no person shall operate a public water system	139515
in this state without a license issued by the director of	139516
environmental protection.	139517

(B)~~(1)~~ A person who proposes to operate a new public water	139518
system, in addition to complying with section 6109.07 of the	139519
Revised Code and rules adopted under it, shall obtain an initial	139520
license from the director. The person shall submit an application	139521
for the initial license at least forty-five days prior to	139522
commencing the operation of the system.	139523

(C) A license shall expire on the thirtieth day of January in	139524
the year following its issuance.	139525

(D) A license shall be renewed annually. A person proposing	139526
to continue operating a public water system shall apply for a	139527
license renewal at least thirty days prior to the expiration date	139528
of the license.	139529

(E) ~~Through June 30, 2014, each~~Each application for a	139530
license or license renewal shall be accompanied by the appropriate	139531
fee established under division (M) of section 3745.11 of the	139532
Revised Code. However, an applicant for an initial license who is	139533
proposing to operate a new public water system shall submit a fee	139534
that equals a prorated amount of the appropriate fee established	139535
under that division for the remainder of the licensing year.	139536

(F) Not later than thirty days after receiving a completed	139537
application and the appropriate license fee for a license or	139538
license renewal for a public water system, the director shall do	139539
one of the following:	139540

(1) Issue the license or license renewal for the public water	139541
system;	139542

(2) Issue the license or license renewal subject to terms and	139543
conditions that the director determines are necessary to ensure	139544
compliance with this chapter and rules adopted under it;	139545

(3) Deny the license or license renewal if the director finds	139546
that the public water system cannot be operated in substantial	139547
compliance with this chapter and rules adopted under it.	139548

(G) The director may condition, suspend, or revoke a license	139549
or license renewal issued under this section at any time if the	139550
director finds that the public water system was not or will not be	139551
operated in substantial compliance with this chapter and rules	139552
adopted under it.	139553

(H) The director shall adopt rules in accordance with Chapter	139554
119. of the Revised Code establishing procedures and requirements	139555
governing both of the following:	139556

(1) Information to be included on applications for licenses	139557
and license renewals issued under this section;	139558

(2) The issuance, conditioning, suspension, revocation, and	139559
denial of licenses and license renewals under this section.	139560

(I)(1) As used in division (I) of this section, "church"	139561
means a fellowship of believers, congregation, society,	139562
corporation, convention, or association that is formed primarily	139563
or exclusively for religious purposes and that is not formed or	139564
operated for the private profit of any person.	139565

(2) This section does not apply to a church that operates or	139566
maintains a public water system solely to provide water for that	139567
church or for a campground that is owned by the church and	139568
operated primarily or exclusively for members of the church and	139569
their families.	139570

(J) This section does not apply to any public or nonpublic	139571
school that meets minimum standards of the state board of	139572
education that operates or maintains a public water system solely	139573
to provide water for that school.	139574

(K) The environmental protection agency shall collect well	139575
log filing fees on behalf of the division of soil and water	139576
resources in the department of natural resources in accordance	139577
with section 1521.05 of the Revised Code and rules adopted under	139578
it. The fees shall be submitted to the division quarterly as	139579
provided in those rules.	139580

Sec. 6111.037. (A) ~~There is hereby created in the state~~	139581
~~treasury the nonpoint source pollution management fund. The fund~~	139582
~~shall consist of grant moneys received under~~For purposes of state	139583
nonpoint source pollution management and pursuant to section 319	139584
of the "Federal Water Pollution Control Act," ~~for purposes of~~	139585
~~assisting with the development and implementation of a~~	139586
~~comprehensive nonpoint source pollution management program~~	139587
~~pursuant to that section of the act. Moneys credited to the fund~~	139588
~~may be used for purposes of research, planning, water quality~~	139589
~~assessments, demonstration projects, enforcement, technical~~	139590
~~assistance, education, and training regarding management of~~	139591
~~nonpoint sources of water pollution. The~~the director of	139592
environmental protection may enter into agreements to receive	139593
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	139594
for deposit into the state treasury to the credit of the water	139595
quality protection fund created in section 6111.0381 of the	139596
Revised Code. The director may enter into agreements to make	139597
grants of moneys credited to the fund under this section,	139598
including, without limitation, passthrough grants to other state	139599
departments or agencies.	139600

(B) The director shall periodically prepare and, by rules	139601
adopted under division (O) of section 6111.036 of the Revised	139602
Code, establish a priority system for identifying activities	139603
eligible for assistance under this section. The priority system	139604
shall ensure that financial assistance available under this	139605
section is first provided to:	139606

(1) Control particularly difficult or serious nonpoint source	139607
pollution problems, including, without limitation, problems	139608
resulting from mining activities;	139609

(2) Implement innovative methods or practices for controlling	139610
nonpoint sources of pollution, including, without limitation,	139611
regulatory programs that the director determines are appropriate;	139612

(3) Control interstate nonpoint source pollution problems;

139613

(4) Implement ground and surface water quality protection	139614
activities that the director determines are part of a	139615
comprehensive nonpoint source pollution control program, which	139616
activities include research, planning, ~~ground~~ water quality	139617
assessments, demonstration programs, enforcement, technical	139618
assistance, education, and training to protect ~~ground~~ water	139619
quality from nonpoint sources of pollution.	139620

Sec. 6133.041. (A) Notwithstanding any other provision of	139621
this chapter or Chapter 6131. of the Revised Code to the contrary,	139622
a joint board of county commissioners, when practicable, may	139623
conduct proceedings regarding existing improvements by video	139624
conference or, if video conference is not available, by	139625
teleconference. The joint board shall make provisions for public	139626
attendance at any location involved in such a proceeding. The	139627
participation of any commissioner or board of county commissioners	139628
in a video conference or teleconference shall occur at the	139629
location of the commissioners' main office or board room in an	139630
open meeting at which the public is allowed to attend.	139631

(B) Before convening a meeting of a joint board of county	139632
commissioners by video conference or by teleconference, designated	139633
staff shall send, via electronic mail, facsimile, or United States	139634
postal service, a copy of meeting-related documents to each member	139635
of the joint board.	139636

(C) The minutes of each joint county ditch meeting shall	139637
specify who was attending by teleconference, who was attending by	139638
video conference, and who was physically present.	139639

(D) Nothing in section 121.22 of the Revised Code prohibits a	139640
joint board of county commissioners from conducting a proceeding	139641
in a manner authorized by this section.	139642

Section 101.02. That existing sections 9.03, 9.15, 9.231,	139643
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144,	139644
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	139645
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	139646
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	139647
121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	139648
122.171, 122.175, 122.28, 122.30, 122.31, 122.32, 122.33, 122.34,	139649
122.35, 122.36, 122.58, 122.657, 122.658, 122.66, 122.67, 122.68,	139650
122.69, 122.70, 122.701, 122.76, 122.861, 123.01, 123.10, 123.11,	139651
123.201, 123.21, 123.27, 124.11, 124.14, 124.18, 124.30, 124.341,	139652
124.381, 124.57, 124.84, 125.05, 125.21, 125.212, 125.28, 125.602,	139653
125.603, 125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45,	139654
126.46, 126.47, 126.48, 127.14, 127.16, 133.01, 133.06, 135.143,	139655
135.22, 135.35, 135.61, 135.71, 135.80, 135.81, 135.85, 140.01,	139656
140.03, 140.05, 145.01, 145.012, 145.22, 149.01, 149.12, 149.311,	139657
149.43, 149.431, 149.54, 151.11, 152.09, 153.692, 154.01, 154.17,	139658
154.20, 154.22, 154.23, 154.25, 156.02, 156.03, 156.04, 156.05,	139659
166.02, 166.03, 166.04, 166.08, 166.25, 167.03, 169.02, 169.05,	139660
169.07, 169.08, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21,	139661
173.23, 173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392,	139662
173.394, 173.40, 173.401, 173.402, 173.403, 173.404, 173.42,	139663
173.43, 173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	139664
173.501, 173.99, 175.04, 191.01, 191.02, 191.04, 191.06, 301.28,	139665
306.35, 307.07, 307.674, 307.699, 307.86, 309.09, 317.08, 317.36,	139666
321.35, 321.44, 329.04, 329.051, 329.06, 329.14, 339.02, 339.05,	139667
339.06, 339.07, 340.01, 340.011, 340.02, 340.021, 340.03, 340.031,	139668
340.032, 340.04, 340.05, 340.07, 340.09, 340.091, 340.10, 340.11,	139669
340.12, 340.13, 340.15, 340.16, 341.192, 349.01, 349.04, 351.021,	139670
715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06, 901.21,	139671
901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02, 924.06,	139672
927.54, 935.01, 935.03, 935.12, 955.01, 955.05, 955.06, 955.07,	139673
955.08, 955.09, 955.14, 955.201, 956.07, 956.18, 991.03, 991.04,	139674
991.06, 1309.521, 1321.51, 1321.535, 1321.55, 1322.01, 1322.051,	139675
1327.46, 1327.48, 1327.50, 1327.501, 1327.61, 1327.99, 1332.26,	139676
1337.11, 1347.08, 1501.011, 1501.45, 1506.21, 1506.30, 1509.01,	139677
1509.02, 1509.062, 1509.10, 1509.11, 1509.50, 1511.02, 1511.022,	139678
1519.05, 1531.06, 1531.17, 1545.071, 1547.542, 1547.99, 1548.02,	139679
1551.33, 1551.35, 1555.15, 1711.07, 1724.03, 1739.061, 1751.01,	139680
1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60, 1901.10,	139681
1901.12, 1907.14, 1923.14, 2101.24, 2108.05, 2113.041, 2113.06,	139682
2117.061, 2117.25, 2133.01, 2133.25, 2151.011, 2151.3514, 2151.83,	139683
2151.86, 2152.54, 2152.59, 2301.14, 2303.201, 2305.234, 2307.65,	139684
2311.14, 2317.02, 2317.422, 2335.09, 2335.11, 2505.02, 2701.03,	139685
2701.031, 2743.03, 2743.09, 2743.121, 2743.20, 2743.48, 2743.52,	139686
2743.53, 2743.531, 2743.55, 2743.60, 2743.601, 2743.61, 2743.62,	139687
2743.63, 2743.64, 2743.65, 2743.66, 2743.67, 2743.68, 2743.69,	139688
2743.71, 2744.05, 2744.08, 2744.081, 2744.082, 2901.13, 2901.30,	139689
2903.33, 2907.22, 2913.01, 2913.40, 2913.401, 2919.271, 2921.01,	139690
2921.22, 2921.36, 2921.38, 2923.126, 2925.03, 2929.15, 2930.01,	139691
2935.03, 2935.33, 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	139692
2945.401, 2951.041, 2953.32, 2967.22, 2981.01, 2981.12, 2981.13,	139693
3101.051, 3107.083, 3109.15, 3111.04, 3111.72, 3119.29, 3119.54,	139694
3121.441, 3121.89, 3121.891, 3121.892, 3121.893, 3121.898,	139695
3123.958, 3125.18, 3125.36, 3301.07, 3301.0712, 3301.0714,	139696
3301.0715, 3301.0723, 3301.0725, 3301.15, 3302.01, 3302.03,	139697
3302.032, 3302.20, 3302.21, 3302.22, 3303.41, 3304.11, 3304.12,	139698
3304.13, 3304.14, 3304.15, 3304.16, 3304.17, 3304.18, 3304.181,	139699
3304.182, 3304.19, 3304.20, 3304.21, 3304.22, 3304.23, 3304.231,	139700
3304.25, 3304.27, 3304.28, 3304.41, 3305.03, 3307.51, 3309.21,	139701
3310.01, 3310.02, 3310.03, 3310.05, 3310.06, 3310.08, 3310.56,	139702
3311.0510, 3311.19, 3311.22, 3311.231, 3311.38, 3311.86, 3312.08,	139703
3313.372, 3313.376, 3313.48, 3313.483, 3313.484, 3313.488,	139704
3313.4810, 3313.533, 3313.539, 3313.603, 3313.6013, 3313.6016,	139705
3313.612, 3313.615, 3313.62, 3313.64, 3313.646, 3313.65, 3313.714,	139706
3313.715, 3313.83, 3313.841, 3313.843, 3313.844, 3313.845,	139707
3313.847, 3313.88, 3313.911, 3313.978, 3313.98, 3313.981,	139708
3314.015, 3314.017, 3314.027, 3314.029, 3314.03, 3314.05, 3314.06,	139709
3314.072, 3314.074, 3314.08, 3314.083, 3314.084, 3314.087,	139710
3314.09, 3314.091, 3314.11, 3314.26, 3314.35, 3315.40, 3315.42,	139711
3316.041, 3316.06, 3317.01, 3317.013, 3317.021, 3317.023,	139712
3317.0212, 3317.03, 3317.032, 3317.05, 3317.06, 3317.063, 3317.08,	139713
3317.10, 3317.14, 3317.18, 3317.19, 3317.20, 3317.50, 3317.51,	139714
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	139715
3319.073, 3319.0811, 3319.112, 3319.17, 3319.22, 3319.235,	139716
3319.57, 3319.58, 3321.01, 3321.05, 3323.021, 3323.03, 3323.04,	139717
3323.07, 3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141,	139718
3323.142, 3326.07, 3326.08, 3326.11, 3326.20, 3326.31, 3326.32,	139719
3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3333.041, 3333.73,	139720
3333.82, 3333.90, 3334.08, 3335.35, 3335.36, 3335.37, 3335.38,	139721
3345.05, 3345.06, 3345.12, 3353.01, 3353.02, 3353.03, 3353.04,	139722
3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.07, 3365.12,	139723
3383.01, 3383.07, 3501.01, 3517.10, 3517.102, 3517.103, 3517.153,	139724
3517.154, 3517.155, 3517.20, 3517.992, 3599.45, 3701.023,	139725
3701.024, 3701.027, 3701.041, 3701.13, 3701.132, 3701.243,	139726
3701.261, 3701.262, 3701.264, 3701.342, 3701.344, 3701.507,	139727
3701.74, 3701.741, 3701.742, 3701.78, 3701.83, 3701.881, 3701.921,	139728
3701.922, 3701.99, 3702.30, 3702.51, 3702.521, 3702.55, 3702.62,	139729
3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01, 3709.051,	139730
3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.03, 3714.07,	139731
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	139732
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	139733
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	139734
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	139735
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	139736
3721.57, 3721.58, 3727.01, 3734.28, 3734.57, 3734.901, 3734.907,	139737
3735.58, 3735.67, 3737.02, 3737.83, 3737.841, 3737.88, 3737.882,	139738
3737.883, 3742.30, 3742.31, 3742.32, 3742.51, 3745.11, 3745.113,	139739
3745.72, 3769.08, 3769.087, 3769.088, 3770.02, 3770.06, 3772.062,	139740
3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10, 3793.11,	139741
3793.12, 3793.13, 3793.14, 3793.15, 3793.16, 3793.18, 3793.22,	139742
3793.31, 3793.32, 3793.33, 3793.34, 3793.35, 3793.36, 3793.37,	139743
3793.38, 3793.39, 3795.01, 3798.01, 3798.10, 3798.13, 3798.14,	139744
3798.15, 3798.16, 3901.3814, 3903.14, 3905.40, 3905.483, 3905.862,	139745
3916.06, 3923.24, 3923.241, 3923.281, 3923.443, 3923.49, 3923.50,	139746
3923.601, 3923.83, 3924.41, 3924.42, 3963.01, 3963.04, 4104.33,	139747
4112.02, 4112.12, 4112.31, 4115.034, 4115.32, 4117.06, 4117.14,	139748
4117.15, 4121.44, 4121.441, 4121.50, 4121.69, 4123.32, 4123.35,	139749
4123.41, 4123.54, 4123.57, 4123.93, 4131.03, 4141.162, 4141.29,	139750
4301.01, 4301.10, 4301.30, 4301.43, 4301.62, 4303.181, 4305.131,	139751
4501.01, 4501.21, 4503.03, 4503.10, 4503.44, 4503.62, 4505.02,	139752
4505.09, 4506.07, 4507.01, 4507.06, 4507.51, 4510.038, 4510.45,	139753
4511.19, 4511.191, 4511.21, 4511.69, 4511.85, 4513.34, 4701.03,	139754
4707.02, 4707.073, 4707.10, 4709.11, 4713.08, 4713.44, 4715.22,	139755
4715.36, 4715.372, 4717.03, 4717.06, 4717.07, 4717.10, 4717.14,	139756
4717.15, 4719.01, 4723.18, 4723.35, 4723.481, 4725.03, 4725.16,	139757
4729.51, 4729.54, 4729.69, 4729.77, 4729.78, 4729.79, 4729.80,	139758
4729.81, 4729.99, 4730.411, 4731.151, 4731.23, 4731.65, 4731.71,	139759
4734.41, 4735.07, 4735.09, 4735.10, 4735.142, 4735.56, 4742.01,	139760
4751.01, 4751.02, 4751.03, 4751.04, 4751.041, 4751.05, 4751.06,	139761
4751.07, 4751.08, 4751.10, 4751.11, 4751.12, 4751.13, 4753.071,	139762
4755.11, 4755.47, 4755.481, 4755.64, 4758.10, 4758.11, 4761.01,	139763
4778.02, 4778.03, 4781.121, 4781.28, 4781.29, 4906.20, 5101.01,	139764
5101.11, 5101.141, 5101.16, 5101.162, 5101.18, 5101.181, 5101.183,	139765
5101.184, 5101.26, 5101.271, 5101.272, 5101.273, 5101.30, 5101.31,	139766
5101.34, 5101.35, 5101.36, 5101.46, 5101.461, 5101.47, 5101.49,	139767
5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 5101.512,	139768
5101.513, 5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,	139769
5101.521, 5101.522, 5101.524, 5101.527, 5101.571, 5101.572,	139770
5101.573, 5101.574, 5101.575, 5101.58, 5101.59, 5101.591, 5101.60,	139771
5101.61, 5101.80, 5101.801, 5101.803, 5103.02, 5103.0323, 5103.13,	139772
5103.42, 5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08,	139773
5104.11, 5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20,	139774
5107.24, 5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013,	139775
5111.016, 5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117,	139776
5111.0118, 5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,	139777
5111.024, 5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,	139778
5111.0211, 5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03,	139779
5111.031, 5111.032, 5111.033, 5111.034, 5111.035, 5111.04,	139780
5111.042, 5111.05, 5111.051, 5111.052, 5111.053, 5111.054,	139781
5111.06, 5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	139782
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	139783
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	139784
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	139785
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	139786
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	139787
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	139788
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	139789
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	139790
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	139791
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	139792
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	139793
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	139794
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	139795
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	139796
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	139797
5111.37, 5111.38, 5111.39, 5111.40, 5111.41, 5111.411, 5111.42,	139798
5111.43, 5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49,	139799
5111.50, 5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55,	139800
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62,	139801
5111.63, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	139802
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	139803
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	139804
5111.688, 5111.689, 5111.70, 5111.701, 5111.702, 5111.703,	139805
5111.704, 5111.705, 5111.706, 5111.707, 5111.708, 5111.709,	139806
5111.7011, 5111.71, 5111.711, 5111.712, 5111.713, 5111.714,	139807
5111.715, 5111.83, 5111.84, 5111.85, 5111.851, 5111.852, 5111.853,	139808
5111.854, 5111.855, 5111.856, 5111.86, 5111.861, 5111.862,	139809
5111.863, 5111.864, 5111.865, 5111.87, 5111.871, 5111.872,	139810
5111.873, 5111.874, 5111.875, 5111.876, 5111.877, 5111.878,	139811
5111.879, 5111.88, 5111.881, 5111.882, 5111.883, 5111.884,	139812
5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810,	139813
5111.89, 5111.891, 5111.892, 5111.893, 5111.894, 5111.90, 5111.91,	139814
5111.911, 5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94,	139815
5111.941, 5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98,	139816
5111.981, 5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05,	139817
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17,	139818
5112.18, 5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33,	139819
5112.331, 5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38,	139820
5112.39, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45,	139821
5112.46, 5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10,	139822
5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07,	139823
5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12,	139824
5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201,	139825
5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27,	139826
5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42,	139827
5119.43, 5119.44, 5119.46, 5119.50, 5119.51, 5119.52, 5119.53,	139828
5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,	139829
5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99,	139830
5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	139831
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	139832
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	139833
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	139834
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	139835
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	139836
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	139837
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	139838
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	139839
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	139840
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.043,	139841
5126.05, 5126.051, 5126.054, 5126.055, 5139.03, 5139.04, 5139.08,	139842
5139.34, 5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5309.68,	139843
5309.86, 5501.311, 5501.312, 5501.73, 5502.011, 5505.12, 5507.01,	139844
5507.02, 5507.021, 5507.022, 5507.03, 5507.06, 5507.07, 5507.08,	139845
5507.09, 5507.12, 5507.15, 5507.18, 5507.22, 5507.25, 5507.26,	139846
5507.27, 5507.32, 5507.34, 5507.40, 5507.42, 5507.44, 5507.46,	139847
5507.52, 5507.53, 5507.54, 5507.55, 5507.57, 5507.571, 5507.60,	139848
5507.63, 5507.99, 5511.03, 5515.08, 5701.13, 5703.052, 5703.059,	139849
5703.21, 5703.37, 5703.82, 5705.01, 5705.19, 5705.192, 5705.21,	139850
5705.217, 5705.218, 5705.221, 5705.25, 5709.17, 5715.19, 5715.27,	139851
5717.01, 5725.18, 5725.34, 5726.20, 5726.52, 5727.26, 5727.75,	139852
5727.84, 5727.89, 5728.10, 5729.03, 5729.17, 5731.39, 5733.01,	139853
5733.06, 5733.11, 5733.55, 5733.98, 5735.012, 5735.12, 5735.27,	139854
5735.34, 5739.01, 5739.02, 5739.026, 5739.09, 5739.13, 5741.01,	139855
5741.03, 5741.17, 5743.081, 5743.15, 5743.56, 5745.12, 5747.01,	139856
5747.02, 5747.022, 5747.025, 5747.08, 5747.10, 5747.11, 5747.113,	139857
5747.122, 5747.13, 5747.21, 5747.22, 5747.47, 5747.501, 5747.76,	139858
5747.98, 5748.01, 5749.02, 5749.06, 5749.07, 5749.17, 5751.01,	139859
5751.011, 5751.02, 5751.03, 5751.07, 5751.081, 5751.09, 5751.20,	139860
5751.21, 5753.03, 5753.07, 5815.28, 5902.02, 5905.02, 5910.02,	139861
5910.07, 5919.34, 5924.502, 5924.503, 5924.504, 5924.506, 6109.21,	139862
and 6111.037 of the Revised Code are hereby repealed.	139863

Section 105.01. That sections 122.076, 122.15, 122.151,	139864
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	139865
125.838, 149.51, 149.55, 166.22, 166.28, 173.425, 173.433,	139866
183.28, 184.04, 340.022, 340.033, 340.06, 340.14, 1513.371,	139867
1531.34, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725,	139868
1547.726, 1901.121, 2743.54, 3302.043, 3304.24, 3304.26, 3304.38,	139869
3313.481, 3313.482, 3313.4811, 3314.088, 3314.13, 3317.012,	139870
3317.014, 3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,	139871
3317.051, 3317.052, 3317.053, 3317.11, 3317.16, 3317.62,	139872
3317.63, 3317.64, 3318.023, 3323.16, 3326.39, 3327.02, 3345.81,	139873
3353.09, 3353.15, 3353.20, 3383.02, 3383.03, 3383.04, 3383.05,	139874
3383.06, 3383.08, 3383.09, 3506.22, 3517.1010, 3701.072,	139875
3701.263, 3701.343, 3701.90, 3701.901, 3701.902, 3701.903,	139876
3701.904, 3701.905, 3701.906, 3701.907, 3721.026, 3793.02,	139877
3793.03, 3793.04, 3793.041, 3793.05, 3793.06, 3793.061,	139878
3793.08, 3793.09, 3793.19, 3793.20, 3793.21, 3793.99, 5101.503,	139879
5101.514, 5101.515, 5101.518, 5101.523, 5101.525, 5101.526,	139880
5101.528, 5101.529, 5111.012, 5111.014, 5111.015, 5111.0110,	139881
5111.0111, 5111.0113, 5111.0115, 5111.0120, 5111.0121,	139882
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.176, 5111.211,	139883
5111.236, 5111.65, 5111.8710, 5111.8811, 5111.913, 5111.942,	139884
5111.946, 5119.011, 5119.013, 5119.03, 5119.05, 5119.47,	139885
5119.623, 5119.64, 5119.65, 5119.66, 5119.67, 5119.68, 5507.65,	139886
5507.66, 5707.05, 5727.41, 5733.35, 5747.211, 5747.33, 6101.451,	139887
and 6111.029 of the Revised Code are hereby repealed.	139888

Section 110.10. That section 3313.88 of the Revised Code as	139889
it results from Section 101.01 of this act be amended and	139890
recodified as section 3313.482 of the Revised Code to read as	139891
follows:	139892

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	139893
August of each school year, the board of education of any school	139894
district or the governing authority of any chartered nonpublic	139895
school may submit to the department of education a plan to require	139896
students to access and complete classroom lessons posted on the	139897
district's or nonpublic school's web portal or web site in order	139898
to make up ~~days~~hours in that school year on which it is	139899
necessary to close schools for ~~any of the reasons specified in~~	139900
~~division (B) of section 3317.01 of the Revised Code in excess of~~	139901
~~the number of days permitted under sections 3313.48, 3313.481, and~~	139902
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	139903
conditions, law enforcement emergencies, inoperability of school	139904
buses or other equipment necessary to the school's operation,	139905
damage to a school building, or other temporary circumstances due	139906
to utility failure rendering the school building unfit for school	139907
use.	139908

Prior to the first day of August of each school year, the	139909
governing authority of any community school established under	139910
Chapter 3314. that is not an internet- or computer-based community	139911
school, as defined in section 3314.02 of the Revised Code, may	139912
submit to the department a plan to require students to access and	139913
complete classroom lessons posted on the school's web portal or	139914
web site in order to make up ~~days or~~ hours in that school year on	139915
which it is necessary to close the school for any of the reasons	139916
specified in division (H)(4) of section 3314.08 of the Revised	139917
Code so that the school is in compliance with the minimum number	139918
of hours required under Chapter 3314. of the Revised Code.	139919

A plan submitted by a school district board or, chartered	139920
nonpublic school governing authority ~~shall provide for making up~~	139921
~~any number of days, up to a maximum of three days. A plan~~	139922
~~submitted by a~~, or community school governing authority shall	139923
provide for making up any number of hours, up to a maximum of the	139924
number of hours that are the equivalent of three school days.	139925
Provided the plan meets all requirements of this section, the	139926
department shall permit the board or governing authority to	139927
implement the plan for the applicable school year.	139928

(2) Each plan submitted under this section by a school	139929
district board of education shall include the written consent of	139930
the teachers' employee representative designated under division	139931
(B) of section 4117.04 of the Revised Code.	139932

(3) Each plan submitted under this section shall provide for	139933
the following:	139934

(a) Not later than the first day of November of the school	139935
year, each classroom teacher shall develop a sufficient number of	139936
lessons for each course taught by the teacher that school year to	139937
cover the number of make-up ~~days or~~ hours specified in the plan.	139938
The teacher shall designate the order in which the lessons are to	139939
be posted on the district's, community school's, or nonpublic	139940
school's web portal or web site in the event of a school closure.	139941
Teachers may be granted up to one professional development day to	139942
create lesson plans for those lessons.	139943

(b) To the extent possible and necessary, a classroom teacher	139944
shall update or replace, based on current instructional progress,	139945
one or more of the lesson plans developed under division (A)(3)(a)	139946
of this section before they are posted on the web portal or web	139947
site under division (A)(3)(c) of this section or distributed under	139948
division (B) of this section.	139949

(c) As soon as practicable after a school closure, a district	139950
or school employee responsible for web portal or web site	139951
operations shall make the designated lessons available to students	139952
on the district's, community school's, or nonpublic school's	139953
portal or site. A lesson shall be posted for each course that was	139954
scheduled to meet on the day or hours of the closure.	139955

(d) Each student enrolled in a course for which a lesson is	139956
posted on the portal or site shall be granted a two-week period	139957
from the date of posting to complete the lesson. The student's	139958
classroom teacher shall grade the lesson in the same manner as	139959
other lessons. The student may receive an incomplete or failing	139960
grade if the lesson is not completed on time.	139961

(e) If a student does not have access to a computer at the	139962
student's residence and the plan does not include blizzard bags	139963
under division (B) of this section, the student shall be permitted	139964
to work on the posted lessons at school after the student's school	139965
reopens. If the lessons were posted prior to the reopening, the	139966
student shall be granted a two-week period from the date of the	139967
reopening, rather than from the date of posting as otherwise	139968
required under division (A)(3)(d) of this section, to complete the	139969
lessons. The district board or community school or nonpublic	139970
school governing authority may provide the student access to a	139971
computer before, during, or after the regularly scheduled school	139972
day or may provide a substantially similar paper lesson in order	139973
to complete the lessons.	139974

(B)(1) In addition to posting classroom lessons online under	139975
division (A) of this section, the board of education of any school	139976
district or governing authority of any community or chartered	139977
nonpublic school may include in the plan distribution of "blizzard	139978
bags," which are paper copies of the lessons posted online.	139979

(2) If a school opts to use blizzard bags, teachers shall	139980
prepare paper copies in conjunction with the lessons to be posted	139981
online and update the paper copies whenever the teacher updates	139982
the online lesson plans.	139983

(3) The board of education of any school district or	139984
governing authority of any community or chartered nonpublic school	139985
that opts to use blizzard bags shall specify in the plan the	139986
method of distribution of blizzard bag lessons, which may include,	139987
but not be limited to, requiring distribution by a specific	139988
deadline or requiring distribution prior to anticipated school	139989
closure as directed by the superintendent of a school district or	139990
the principal, director, chief administrative officer, or the	139991
equivalent, of a school.	139992

(4) Students shall turn in completed lessons in accordance	139993
with division (A)(3)(d) of this section.	139994

(C)(1) No school district that implements a plan in	139995
accordance with this section shall be considered to have failed to	139996
comply with division (B) of section 3317.01 of the Revised Code	139997
with respect to the number of make-up ~~days~~hours specified in the	139998
plan.	139999

(2) No community school that implements a plan in accordance	140000
with this section shall be considered to have failed to comply	140001
with the minimum number of hours required under Chapter 3314. of	140002
the Revised Code with respect to the number of make-up hours	140003
specified in the plan.	140004

Section 110.11. That existing section 3313.88 of the Revised	140005
Code is hereby repealed.	140006

Section 110.12. Sections 110.10 and 110.11 of this act shall	140007
take effect July 1, 2014.	140008

Section 110.20. That the versions of sections 109.57,	140009
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	140010
5104.32 of the Revised Code that are scheduled to take effect	140011
January 1, 2014, be amended to read as follows:	140012

Sec. 109.57. (A)(1) The superintendent of the bureau of	140013
criminal identification and investigation shall procure from	140014
wherever procurable and file for record photographs, pictures,	140015
descriptions, fingerprints, measurements, and other information	140016
that may be pertinent of all persons who have been convicted of	140017
committing within this state a felony, any crime constituting a	140018
misdemeanor on the first offense and a felony on subsequent	140019
offenses, or any misdemeanor described in division (A)(1)(a),	140020
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	140021
all children under eighteen years of age who have been adjudicated	140022
delinquent children for committing within this state an act that	140023
would be a felony or an offense of violence if committed by an	140024
adult or who have been convicted of or pleaded guilty to	140025
committing within this state a felony or an offense of violence,	140026
and of all well-known and habitual criminals. The person in charge	140027
of any county, multicounty, municipal, municipal-county, or	140028
multicounty-municipal jail or workhouse, community-based	140029
correctional facility, halfway house, alternative residential	140030
facility, or state correctional institution and the person in	140031
charge of any state institution having custody of a person	140032
suspected of having committed a felony, any crime constituting a	140033
misdemeanor on the first offense and a felony on subsequent	140034
offenses, or any misdemeanor described in division (A)(1)(a),	140035
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	140036
having custody of a child under eighteen years of age with respect	140037
to whom there is probable cause to believe that the child may have	140038
committed an act that would be a felony or an offense of violence	140039
if committed by an adult shall furnish such material to the	140040
superintendent of the bureau. Fingerprints, photographs, or other	140041
descriptive information of a child who is under eighteen years of	140042
age, has not been arrested or otherwise taken into custody for	140043
committing an act that would be a felony or an offense of violence	140044
who is not in any other category of child specified in this	140045
division, if committed by an adult, has not been adjudicated a	140046
delinquent child for committing an act that would be a felony or	140047
an offense of violence if committed by an adult, has not been	140048
convicted of or pleaded guilty to committing a felony or an	140049
offense of violence, and is not a child with respect to whom there	140050
is probable cause to believe that the child may have committed an	140051
act that would be a felony or an offense of violence if committed	140052
by an adult shall not be procured by the superintendent or	140053
furnished by any person in charge of any county, multicounty,	140054
municipal, municipal-county, or multicounty-municipal jail or	140055
workhouse, community-based correctional facility, halfway house,	140056
alternative residential facility, or state correctional	140057
institution, except as authorized in section 2151.313 of the	140058
Revised Code.	140059

(2) Every clerk of a court of record in this state, other	140060
than the supreme court or a court of appeals, shall send to the	140061
superintendent of the bureau a weekly report containing a summary	140062
of each case involving a felony, involving any crime constituting	140063
a misdemeanor on the first offense and a felony on subsequent	140064
offenses, involving a misdemeanor described in division (A)(1)(a),	140065
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	140066
involving an adjudication in a case in which a child under	140067
eighteen years of age was alleged to be a delinquent child for	140068
committing an act that would be a felony or an offense of violence	140069
if committed by an adult. The clerk of the court of common pleas	140070
shall include in the report and summary the clerk sends under this	140071
division all information described in divisions (A)(2)(a) to (f)	140072
of this section regarding a case before the court of appeals that	140073
is served by that clerk. The summary shall be written on the	140074
standard forms furnished by the superintendent pursuant to	140075
division (B) of this section and shall include the following	140076
information:	140077

(a) The incident tracking number contained on the standard	140078
forms furnished by the superintendent pursuant to division (B) of	140079
this section;	140080

(b) The style and number of the case;

140081

140082

(d) The date that the person was convicted of or pleaded	140083
guilty to the offense, adjudicated a delinquent child for	140084
committing the act that would be a felony or an offense of	140085
violence if committed by an adult, found not guilty of the	140086
offense, or found not to be a delinquent child for committing an	140087
act that would be a felony or an offense of violence if committed	140088
by an adult, the date of an entry dismissing the charge, an entry	140089
declaring a mistrial of the offense in which the person is	140090
discharged, an entry finding that the person or child is not	140091
competent to stand trial, or an entry of a nolle prosequi, or the	140092
date of any other determination that constitutes final resolution	140093
of the case;	140094

(e) A statement of the original charge with the section of	140095
the Revised Code that was alleged to be violated;	140096

(f) If the person or child was convicted, pleaded guilty, or	140097
was adjudicated a delinquent child, the sentence or terms of	140098
probation imposed or any other disposition of the offender or the	140099
delinquent child.	140100

If the offense involved the disarming of a law enforcement	140101
officer or an attempt to disarm a law enforcement officer, the	140102
clerk shall clearly state that fact in the summary, and the	140103
superintendent shall ensure that a clear statement of that fact is	140104
placed in the bureau's records.	140105

(3) The superintendent shall cooperate with and assist	140106
sheriffs, chiefs of police, and other law enforcement officers in	140107
the establishment of a complete system of criminal identification	140108
and in obtaining fingerprints and other means of identification of	140109
all persons arrested on a charge of a felony, any crime	140110
constituting a misdemeanor on the first offense and a felony on	140111
subsequent offenses, or a misdemeanor described in division	140112
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	140113
Revised Code and of all children under eighteen years of age	140114
arrested or otherwise taken into custody for committing an act	140115
that would be a felony or an offense of violence if committed by	140116
an adult. The superintendent also shall file for record the	140117
fingerprint impressions of all persons confined in a county,	140118
multicounty, municipal, municipal-county, or multicounty-municipal	140119
jail or workhouse, community-based correctional facility, halfway	140120
house, alternative residential facility, or state correctional	140121
institution for the violation of state laws and of all children	140122
under eighteen years of age who are confined in a county,	140123
multicounty, municipal, municipal-county, or multicounty-municipal	140124
jail or workhouse, community-based correctional facility, halfway	140125
house, alternative residential facility, or state correctional	140126
institution or in any facility for delinquent children for	140127
committing an act that would be a felony or an offense of violence	140128
if committed by an adult, and any other information that the	140129
superintendent may receive from law enforcement officials of the	140130
state and its political subdivisions.	140131

(4) The superintendent shall carry out Chapter 2950. of the	140132
Revised Code with respect to the registration of persons who are	140133
convicted of or plead guilty to a sexually oriented offense or a	140134
child-victim oriented offense and with respect to all other duties	140135
imposed on the bureau under that chapter.	140136

(5) The bureau shall perform centralized recordkeeping	140137
functions for criminal history records and services in this state	140138
for purposes of the national crime prevention and privacy compact	140139
set forth in section 109.571 of the Revised Code and is the	140140
criminal history record repository as defined in that section for	140141
purposes of that compact. The superintendent or the	140142
superintendent's designee is the compact officer for purposes of	140143
that compact and shall carry out the responsibilities of the	140144
compact officer specified in that compact.	140145

(B) The superintendent shall prepare and furnish to every	140146
county, multicounty, municipal, municipal-county, or	140147
multicounty-municipal jail or workhouse, community-based	140148
correctional facility, halfway house, alternative residential	140149
facility, or state correctional institution and to every clerk of	140150
a court in this state specified in division (A)(2) of this section	140151
standard forms for reporting the information required under	140152
division (A) of this section. The standard forms that the	140153
superintendent prepares pursuant to this division may be in a	140154
tangible format, in an electronic format, or in both tangible	140155
formats and electronic formats.	140156

(C)(1) The superintendent may operate a center for	140157
electronic, automated, or other data processing for the storage	140158
and retrieval of information, data, and statistics pertaining to	140159
criminals and to children under eighteen years of age who are	140160
adjudicated delinquent children for committing an act that would	140161
be a felony or an offense of violence if committed by an adult,	140162
criminal activity, crime prevention, law enforcement, and criminal	140163
justice, and may establish and operate a statewide communications	140164
network to be known as the Ohio law enforcement gateway to gather	140165
and disseminate information, data, and statistics for the use of	140166
law enforcement agencies and for other uses specified in this	140167
division. The superintendent may gather, store, retrieve, and	140168
disseminate information, data, and statistics that pertain to	140169
children who are under eighteen years of age and that are gathered	140170
pursuant to sections 109.57 to 109.61 of the Revised Code together	140171
with information, data, and statistics that pertain to adults and	140172
that are gathered pursuant to those sections.	140173

(2) The superintendent or the superintendent's designee shall	140174
gather information of the nature described in division (C)(1) of	140175
this section that pertains to the offense and delinquency history	140176
of a person who has been convicted of, pleaded guilty to, or been	140177
adjudicated a delinquent child for committing a sexually oriented	140178
offense or a child-victim oriented offense for inclusion in the	140179
state registry of sex offenders and child-victim offenders	140180
maintained pursuant to division (A)(1) of section 2950.13 of the	140181
Revised Code and in the internet database operated pursuant to	140182
division (A)(13) of that section and for possible inclusion in the	140183
internet database operated pursuant to division (A)(11) of that	140184
section.	140185

(3) In addition to any other authorized use of information,	140186
data, and statistics of the nature described in division (C)(1) of	140187
this section, the superintendent or the superintendent's designee	140188
may provide and exchange the information, data, and statistics	140189
pursuant to the national crime prevention and privacy compact as	140190
described in division (A)(5) of this section.	140191

(4) The attorney general may adopt rules under Chapter 119.	140192
of the Revised Code establishing guidelines for the operation of	140193
and participation in the Ohio law enforcement gateway. The rules	140194
may include criteria for granting and restricting access to	140195
information gathered and disseminated through the Ohio law	140196
enforcement gateway. The attorney general shall permit the state	140197
medical board and board of nursing to access and view, but not	140198
alter, information gathered and disseminated through the Ohio law	140199
enforcement gateway.	140200

The attorney general may appoint a steering committee to	140201
advise the attorney general in the operation of the Ohio law	140202
enforcement gateway that is comprised of persons who are	140203
representatives of the criminal justice agencies in this state	140204
that use the Ohio law enforcement gateway and is chaired by the	140205
superintendent or the superintendent's designee.	140206

(D)(1) The following are not public records under section	140207
149.43 of the Revised Code:	140208

(a) Information and materials furnished to the superintendent	140209
pursuant to division (A) of this section;	140210

(b) Information, data, and statistics gathered or	140211
disseminated through the Ohio law enforcement gateway pursuant to	140212
division (C)(1) of this section;	140213

(c) Information and materials furnished to any board or	140214
person under division (F) or (G) of this section.	140215

(2) The superintendent or the superintendent's designee shall	140216
gather and retain information so furnished under division (A) of	140217
this section that pertains to the offense and delinquency history	140218
of a person who has been convicted of, pleaded guilty to, or been	140219
adjudicated a delinquent child for committing a sexually oriented	140220
offense or a child-victim oriented offense for the purposes	140221
described in division (C)(2) of this section.	140222

(E)(1) The attorney general shall adopt rules, in accordance	140223
with Chapter 119. of the Revised Code and subject to division	140224
(E)(2) of this section, setting forth the procedure by which a	140225
person may receive or release information gathered by the	140226
superintendent pursuant to division (A) of this section. A	140227
reasonable fee may be charged for this service. If a temporary	140228
employment service submits a request for a determination of	140229
whether a person the service plans to refer to an employment	140230
position has been convicted of or pleaded guilty to an offense	140231
listed or described in division (A)(1), (2), or (3) of section	140232
109.572 of the Revised Code, the request shall be treated as a	140233
single request and only one fee shall be charged.	140234

(2) Except as otherwise provided in this division, a rule	140235
adopted under division (E)(1) of this section may provide only for	140236
the release of information gathered pursuant to division (A) of	140237
this section that relates to the conviction of a person, or a	140238
person's plea of guilty to, a criminal offense. The superintendent	140239
shall not release, and the attorney general shall not adopt any	140240
rule under division (E)(1) of this section that permits the	140241
release of, any information gathered pursuant to division (A) of	140242
this section that relates to an adjudication of a child as a	140243
delinquent child, or that relates to a criminal conviction of a	140244
person under eighteen years of age if the person's case was	140245
transferred back to a juvenile court under division (B)(2) or (3)	140246
of section 2152.121 of the Revised Code and the juvenile court	140247
imposed a disposition or serious youthful offender disposition	140248
upon the person under either division, unless either of the	140249
following applies with respect to the adjudication or conviction:	140250

(a) The adjudication or conviction was for a violation of	140251
section 2903.01 or 2903.02 of the Revised Code.	140252

(b) The adjudication or conviction was for a sexually	140253
oriented offense, the juvenile court was required to classify the	140254
child a juvenile offender registrant for that offense under	140255
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	140256
classification has not been removed.	140257

(F)(1) As used in division (F)(2) of this section, "head	140258
start agency" means an entity in this state that has been approved	140259
to be an agency for purposes of subchapter II of the "Community	140260
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	140261
as amended.	140262

(2)(a) In addition to or in conjunction with any request that	140263
is required to be made under section 109.572, 2151.86, 3301.32,	140264
3301.541, division (C) of section 3310.58, or section 3319.39,	140265
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	140266
5153.111 of the Revised Code or that is made under section	140267
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	140268
board of education of any school district; the director of	140269
developmental disabilities; any county board of developmental	140270
disabilities; any provider or subcontractor as defined in section	140271
5123.081 of the Revised Code; the chief administrator of any	140272
chartered nonpublic school; the chief administrator of a	140273
registered private provider that is not also a chartered nonpublic	140274
school; the chief administrator of any home health agency; the	140275
chief administrator of or person operating any child day-care	140276
center, type A family day-care home, or type B family day-care	140277
home licensed under Chapter 5104. of the Revised Code; the chief	140278
administrator of any head start agency; the executive director of	140279
a public children services agency; a private company described in	140280
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	140281
Code; or an employer described in division (J)(2) of section	140282
3327.10 of the Revised Code may request that the superintendent of	140283
the bureau investigate and determine, with respect to any	140284
individual who has applied for employment in any position after	140285
October 2, 1989, or any individual wishing to apply for employment	140286
with a board of education may request, with regard to the	140287
individual, whether the bureau has any information gathered under	140288
division (A) of this section that pertains to that individual. On	140289
receipt of the request, subject to division (E)(2) of this	140290
section, the superintendent shall determine whether that	140291
information exists and, upon request of the person, board, or	140292
entity requesting information, also shall request from the federal	140293
bureau of investigation any criminal records it has pertaining to	140294
that individual. The superintendent or the superintendent's	140295
designee also may request criminal history records from other	140296
states or the federal government pursuant to the national crime	140297
prevention and privacy compact set forth in section 109.571 of the	140298
Revised Code. Within thirty days of the date that the	140299
superintendent receives a request, subject to division (E)(2) of	140300
this section, the superintendent shall send to the board, entity,	140301
or person a report of any information that the superintendent	140302
determines exists, including information contained in records that	140303
have been sealed under section 2953.32 of the Revised Code, and,	140304
within thirty days of its receipt, subject to division (E)(2) of	140305
this section, shall send the board, entity, or person a report of	140306
any information received from the federal bureau of investigation,	140307
other than information the dissemination of which is prohibited by	140308
federal law.	140309

(b) When a board of education or a registered private	140310
provider is required to receive information under this section as	140311
a prerequisite to employment of an individual pursuant to division	140312
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	140313
may accept a certified copy of records that were issued by the	140314
bureau of criminal identification and investigation and that are	140315
presented by an individual applying for employment with the	140316
district in lieu of requesting that information itself. In such a	140317
case, the board shall accept the certified copy issued by the	140318
bureau in order to make a photocopy of it for that individual's	140319
employment application documents and shall return the certified	140320
copy to the individual. In a case of that nature, a district or	140321
provider only shall accept a certified copy of records of that	140322
nature within one year after the date of their issuance by the	140323
bureau.	140324

(c) Notwithstanding division (F)(2)(a) of this section, in	140325
the case of a request under section 3319.39, 3319.391, or 3327.10	140326
of the Revised Code only for criminal records maintained by the	140327
federal bureau of investigation, the superintendent shall not	140328
determine whether any information gathered under division (A) of	140329
this section exists on the person for whom the request is made.	140330

(3) The state board of education may request, with respect to	140331
any individual who has applied for employment after October 2,	140332
1989, in any position with the state board or the department of	140333
education, any information that a school district board of	140334
education is authorized to request under division (F)(2) of this	140335
section, and the superintendent of the bureau shall proceed as if	140336
the request has been received from a school district board of	140337
education under division (F)(2) of this section.	140338

(4) When the superintendent of the bureau receives a request	140339
for information under section 3319.291 of the Revised Code, the	140340
superintendent shall proceed as if the request has been received	140341
from a school district board of education and shall comply with	140342
divisions (F)(2)(a) and (c) of this section.	140343

(5) When a recipient of a classroom reading improvement grant	140344
paid under section 3301.86 of the Revised Code requests, with	140345
respect to any individual who applies to participate in providing	140346
any program or service funded in whole or in part by the grant,	140347
the information that a school district board of education is	140348
authorized to request under division (F)(2)(a) of this section,	140349
the superintendent of the bureau shall proceed as if the request	140350
has been received from a school district board of education under	140351
division (F)(2)(a) of this section.	140352

(G) In addition to or in conjunction with any request that is	140353
required to be made under section 3701.881, 3712.09, or 3721.121	140354
of the Revised Code with respect to an individual who has applied	140355
for employment in a position that involves providing direct care	140356
to an older adult or adult resident, the chief administrator of a	140357
home health agency, hospice care program, home licensed under	140358
Chapter 3721. of the Revised Code, or adult day-care program	140359
operated pursuant to rules adopted under section 3721.04 of the	140360
Revised Code may request that the superintendent of the bureau	140361
investigate and determine, with respect to any individual who has	140362
applied after January 27, 1997, for employment in a position that	140363
does not involve providing direct care to an older adult or adult	140364
resident, whether the bureau has any information gathered under	140365
division (A) of this section that pertains to that individual.	140366

In addition to or in conjunction with any request that is	140367
required to be made under section 173.27 of the Revised Code with	140368
respect to an individual who has applied for employment in a	140369
position that involves providing ~~ombudsperson~~ombudsman services	140370
to residents of long-term care facilities or recipients of	140371
community-based long-term care services, the state long-term care	140372
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	140373
of ~~health~~aging, a regional long-term care ombudsman program, or	140374
the designee of the ombudsman, director, or program may request	140375
that the superintendent investigate and determine, with respect to	140376
any individual who has applied for employment in a position that	140377
does not involve providing such ~~ombudsperson~~ombudsman services,	140378
whether the bureau has any information gathered under division (A)	140379
of this section that pertains to that applicant.	140380

In addition to or in conjunction with any request that is	140381
required to be made under section ~~173.394~~173.38 of the Revised	140382
Code with respect to an individual who has applied for employment	140383
in a direct-care position ~~that involves providing direct care to~~	140384
~~an individual~~, the chief administrator of a ~~community-based~~	140385
~~long-term care agency~~provider, as defined in section 173.39 of	140386
the Revised Code, may request that the superintendent investigate	140387
and determine, with respect to any individual who has applied for	140388
employment in a position that ~~does~~is not ~~involve providing direct~~	140389
~~care~~a direct-care position, whether the bureau has any	140390
information gathered under division (A) of this section that	140391
pertains to that applicant.	140392

In addition to or in conjunction with any request that is	140393
required to be made under section 3712.09 of the Revised Code with	140394
respect to an individual who has applied for employment in a	140395
position that involves providing direct care to a pediatric	140396
respite care patient, the chief administrator of a pediatric	140397
respite care program may request that the superintendent of the	140398
bureau investigate and determine, with respect to any individual	140399
who has applied for employment in a position that does not involve	140400
providing direct care to a pediatric respite care patient, whether	140401
the bureau has any information gathered under division (A) of this	140402
section that pertains to that individual.	140403

On receipt of a request under this division, the	140404
superintendent shall determine whether that information exists	140405
and, on request of the individual requesting information, shall	140406
also request from the federal bureau of investigation any criminal	140407
records it has pertaining to the applicant. The superintendent or	140408
the superintendent's designee also may request criminal history	140409
records from other states or the federal government pursuant to	140410
the national crime prevention and privacy compact set forth in	140411
section 109.571 of the Revised Code. Within thirty days of the	140412
date a request is received, subject to division (E)(2) of this	140413
section, the superintendent shall send to the requester a report	140414
of any information determined to exist, including information	140415
contained in records that have been sealed under section 2953.32	140416
of the Revised Code, and, within thirty days of its receipt, shall	140417
send the requester a report of any information received from the	140418
federal bureau of investigation, other than information the	140419
dissemination of which is prohibited by federal law.	140420

(H) Information obtained by a government entity or person	140421
under this section is confidential and shall not be released or	140422
disseminated.	140423

(I) The superintendent may charge a reasonable fee for	140424
providing information or criminal records under division (F)(2) or	140425
(G) of this section.	140426

(J) As used in this section:

140427

(1) "Pediatric respite care program" and "pediatric care	140428
patient" have the same meanings as in section 3712.01 of the	140429
Revised Code.	140430

(2) "Sexually oriented offense" and "child-victim oriented	140431
offense" have the same meanings as in section 2950.01 of the	140432
Revised Code.	140433

(3) "Registered private provider" means a nonpublic school or	140434
entity registered with the superintendent of public instruction	140435
under section 3310.41 of the Revised Code to participate in the	140436
autism scholarship program or section 3310.58 of the Revised Code	140437
to participate in the Jon Peterson special needs scholarship	140438
program.	140439

Sec. 2151.011. (A) As used in the Revised Code:

140440

(1) "Juvenile court" means whichever of the following is	140441
applicable that has jurisdiction under this chapter and Chapter	140442
2152. of the Revised Code:	140443

(a) The division of the court of common pleas specified in	140444
section 2101.022 or 2301.03 of the Revised Code as having	140445
jurisdiction under this chapter and Chapter 2152. of the Revised	140446
Code or as being the juvenile division or the juvenile division	140447
combined with one or more other divisions;	140448

(b) The juvenile court of Cuyahoga county or Hamilton county	140449
that is separately and independently created by section 2151.08 or	140450
Chapter 2153. of the Revised Code and that has jurisdiction under	140451
this chapter and Chapter 2152. of the Revised Code;	140452

(c) If division (A)(1)(a) or (b) of this section does not	140453
apply, the probate division of the court of common pleas.	140454

(2) "Juvenile judge" means a judge of a court having	140455
jurisdiction under this chapter.	140456

(3) "Private child placing agency" means any association, as	140457
defined in section 5103.02 of the Revised Code, that is certified	140458
under section 5103.03 of the Revised Code to accept temporary,	140459
permanent, or legal custody of children and place the children for	140460
either foster care or adoption.	140461

(4) "Private noncustodial agency" means any person,	140462
organization, association, or society certified by the department	140463
of job and family services that does not accept temporary or	140464
permanent legal custody of children, that is privately operated in	140465
this state, and that does one or more of the following:	140466

(a) Receives and cares for children for two or more	140467
consecutive weeks;	140468

(b) Participates in the placement of children in certified	140469
foster homes;	140470

(c) Provides adoption services in conjunction with a public	140471
children services agency or private child placing agency.	140472

(B) As used in this chapter:

140473

(1) "Adequate parental care" means the provision by a child's	140474
parent or parents, guardian, or custodian of adequate food,	140475
clothing, and shelter to ensure the child's health and physical	140476
safety and the provision by a child's parent or parents of	140477
specialized services warranted by the child's physical or mental	140478
needs.	140479

(2) "Adult" means an individual who is eighteen years of age	140480
or older.	140481

(3) "Agreement for temporary custody" means a voluntary	140482
agreement authorized by section 5103.15 of the Revised Code that	140483
transfers the temporary custody of a child to a public children	140484
services agency or a private child placing agency.	140485

(4) "Alternative response" means the public children services	140486
agency's response to a report of child abuse or neglect that	140487
engages the family in a comprehensive evaluation of child safety,	140488
risk of subsequent harm, and family strengths and needs and that	140489
does not include a determination as to whether child abuse or	140490
neglect occurred.	140491

(5) "Certified foster home" means a foster home, as defined	140492
in section 5103.02 of the Revised Code, certified under section	140493
5103.03 of the Revised Code.	140494

(6) "Child" means a person who is under eighteen years of	140495
age, except that the juvenile court has jurisdiction over any	140496
person who is adjudicated an unruly child prior to attaining	140497
eighteen years of age until the person attains twenty-one years of	140498
age, and, for purposes of that jurisdiction related to that	140499
adjudication, a person who is so adjudicated an unruly child shall	140500
be deemed a "child" until the person attains twenty-one years of	140501
age.	140502

(7) "Child day camp," "child care," "child day-care center,"	140503
"part-time child day-care center," "type A family day-care home,"	140504
"licensed type B family day-care home," "type B family day-care	140505
home," "administrator of a child day-care center," "administrator	140506
of a type A family day-care home," and "in-home aide" have the	140507
same meanings as in section 5104.01 of the Revised Code.	140508

(8) "Child care provider" means an individual who is a	140509
child-care staff member or administrator of a child day-care	140510
center, a type A family day-care home, or a type B family day-care	140511
home, or an in-home aide or an individual who is licensed, is	140512
regulated, is approved, operates under the direction of, or	140513
otherwise is certified by the department of job and family	140514
services, department of developmental disabilities, or the early	140515
childhood programs of the department of education.	140516

(9) "Chronic truant" has the same meaning as in section	140517
2152.02 of the Revised Code.	140518

(10) "Commit" means to vest custody as ordered by the court.

140519

(11) "Counseling" includes both of the following:

140520

(a) General counseling services performed by a public	140521
children services agency or shelter for victims of domestic	140522
violence to assist a child, a child's parents, and a child's	140523
siblings in alleviating identified problems that may cause or have	140524
caused the child to be an abused, neglected, or dependent child.	140525

(b) Psychiatric or psychological therapeutic counseling	140526
services provided to correct or alleviate any mental or emotional	140527
illness or disorder and performed by a licensed psychiatrist,	140528
licensed psychologist, or a person licensed under Chapter 4757. of	140529
the Revised Code to engage in social work or professional	140530
counseling.	140531

(12) "Custodian" means a person who has legal custody of a	140532
child or a public children services agency or private child	140533
placing agency that has permanent, temporary, or legal custody of	140534
a child.	140535

(13) "Delinquent child" has the same meaning as in section	140536
2152.02 of the Revised Code.	140537

(14) "Detention" means the temporary care of children pending	140538
court adjudication or disposition, or execution of a court order,	140539
in a public or private facility designed to physically restrict	140540
the movement and activities of children.	140541

(15) "Developmental disability" has the same meaning as in	140542
section 5123.01 of the Revised Code.	140543

(16) "Differential response approach" means an approach that	140544
a public children services agency may use to respond to accepted	140545
reports of child abuse or neglect with either an alternative	140546
response or a traditional response.	140547

(17) "Foster caregiver" has the same meaning as in section	140548
5103.02 of the Revised Code.	140549

(18) "Guardian" means a person, association, or corporation	140550
that is granted authority by a probate court pursuant to Chapter	140551
2111. of the Revised Code to exercise parental rights over a child	140552
to the extent provided in the court's order and subject to the	140553
residual parental rights of the child's parents.	140554

(19) "Habitual truant" means any child of compulsory school	140555
age who is absent without legitimate excuse for absence from the	140556
public school the child is supposed to attend for five or more	140557
consecutive school days, seven or more school days in one school	140558
month, or twelve or more school days in a school year.	140559

(20) "Juvenile traffic offender" has the same meaning as in	140560
section 2152.02 of the Revised Code.	140561

(21) "Legal custody" means a legal status that vests in the	140562
custodian the right to have physical care and control of the child	140563
and to determine where and with whom the child shall live, and the	140564
right and duty to protect, train, and discipline the child and to	140565
provide the child with food, shelter, education, and medical care,	140566
all subject to any residual parental rights, privileges, and	140567
responsibilities. An individual granted legal custody shall	140568
exercise the rights and responsibilities personally unless	140569
otherwise authorized by any section of the Revised Code or by the	140570
court.	140571

(22) A "legitimate excuse for absence from the public school	140572
the child is supposed to attend" includes, but is not limited to,	140573
any of the following:	140574

(a) The fact that the child in question has enrolled in and	140575
is attending another public or nonpublic school in this or another	140576
state;	140577

(b) The fact that the child in question is excused from	140578
attendance at school for any of the reasons specified in section	140579
3321.04 of the Revised Code;	140580

(c) The fact that the child in question has received an age	140581
and schooling certificate in accordance with section 3331.01 of	140582
the Revised Code.	140583

(23) "Mental illness" and "mentally ill person subject to	140584
hospitalization by court order" have the same meanings as in	140585
section 5122.01 of the Revised Code.	140586

(24) "Mental injury" means any behavioral, cognitive,	140587
emotional, or mental disorder in a child caused by an act or	140588
omission that is described in section 2919.22 of the Revised Code	140589
and is committed by the parent or other person responsible for the	140590
child's care.	140591

(25) "Mentally retarded person" has the same meaning as in	140592
section 5123.01 of the Revised Code.	140593

(26) "Nonsecure care, supervision, or training" means care,	140594
supervision, or training of a child in a facility that does not	140595
confine or prevent movement of the child within the facility or	140596
from the facility.	140597

(27) "Of compulsory school age" has the same meaning as in	140598
section 3321.01 of the Revised Code.	140599

(28) "Organization" means any institution, public,	140600
semipublic, or private, and any private association, society, or	140601
agency located or operating in the state, incorporated or	140602
unincorporated, having among its functions the furnishing of	140603
protective services or care for children, or the placement of	140604
children in certified foster homes or elsewhere.	140605

(29) "Out-of-home care" means detention facilities, shelter	140606
facilities, certified children's crisis care facilities, certified	140607
foster homes, placement in a prospective adoptive home prior to	140608
the issuance of a final decree of adoption, organizations,	140609
certified organizations, child day-care centers, type A family	140610
day-care homes, type B family day-care homes, child care provided	140611
by in-home aides, group home providers, group homes, institutions,	140612
state institutions, residential facilities, residential care	140613
facilities, residential camps, day camps, public schools,	140614
chartered nonpublic schools, educational service centers,	140615
hospitals, and medical clinics that are responsible for the care,	140616
physical custody, or control of children.	140617

(30) "Out-of-home care child abuse" means any of the	140618
following when committed by a person responsible for the care of a	140619
child in out-of-home care:	140620

(a) Engaging in sexual activity with a child in the person's	140621
care;	140622

(b) Denial to a child, as a means of punishment, of proper or	140623
necessary subsistence, education, medical care, or other care	140624
necessary for a child's health;	140625

(c) Use of restraint procedures on a child that cause injury	140626
or pain;	140627

(d) Administration of prescription drugs or psychotropic	140628
medication to the child without the written approval and ongoing	140629
supervision of a licensed physician;	140630

(e) Commission of any act, other than by accidental means,	140631
that results in any injury to or death of the child in out-of-home	140632
care or commission of any act by accidental means that results in	140633
an injury to or death of a child in out-of-home care and that is	140634
at variance with the history given of the injury or death.	140635

(31) "Out-of-home care child neglect" means any of the	140636
following when committed by a person responsible for the care of a	140637
child in out-of-home care:	140638

(a) Failure to provide reasonable supervision according to	140639
the standards of care appropriate to the age, mental and physical	140640
condition, or other special needs of the child;	140641

(b) Failure to provide reasonable supervision according to	140642
the standards of care appropriate to the age, mental and physical	140643
condition, or other special needs of the child, that results in	140644
sexual or physical abuse of the child by any person;	140645

140646

(i) Administration of prescription drugs or psychotropic	140647
drugs for the child;	140648

(ii) Assuring that the instructions of the licensed physician	140649
who prescribed a drug for the child are followed;	140650

(iii) Reporting to the licensed physician who prescribed the	140651
drug all unfavorable or dangerous side effects from the use of the	140652
drug.	140653

(d) Failure to provide proper or necessary subsistence,	140654
education, medical care, or other individualized care necessary	140655
for the health or well-being of the child;	140656

(e) Confinement of the child to a locked room without	140657
monitoring by staff;	140658

(f) Failure to provide ongoing security for all prescription	140659
and nonprescription medication;	140660

(g) Isolation of a child for a period of time when there is	140661
substantial risk that the isolation, if continued, will impair or	140662
retard the mental health or physical well-being of the child.	140663

(32) "Permanent custody" means a legal status that vests in a	140664
public children services agency or a private child placing agency,	140665
all parental rights, duties, and obligations, including the right	140666
to consent to adoption, and divests the natural parents or	140667
adoptive parents of all parental rights, privileges, and	140668
obligations, including all residual rights and obligations.	140669

(33) "Permanent surrender" means the act of the parents or,	140670
if a child has only one parent, of the parent of a child, by a	140671
voluntary agreement authorized by section 5103.15 of the Revised	140672
Code, to transfer the permanent custody of the child to a public	140673
children services agency or a private child placing agency.	140674

(34) "Person" means an individual, association, corporation,	140675
or partnership and the state or any of its political subdivisions,	140676
departments, or agencies.	140677

(35) "Person responsible for a child's care in out-of-home	140678
care" means any of the following:	140679

(a) Any foster caregiver, in-home aide, or provider;

140680

(b) Any administrator, employee, or agent of any of the	140681
following: a public or private detention facility; shelter	140682
facility; certified children's crisis care facility; organization;	140683
certified organization; child day-care center; type A family	140684
day-care home; licensed type B family day-care home; group home;	140685
institution; state institution; residential facility; residential	140686
care facility; residential camp; day camp; school district;	140687
community school; chartered nonpublic school; educational service	140688
center; hospital; or medical clinic;	140689

(c) Any person who supervises or coaches children as part of	140690
an extracurricular activity sponsored by a school district, public	140691
school, or chartered nonpublic school;	140692

(d) Any other person who performs a similar function with	140693
respect to, or has a similar relationship to, children.	140694

(36) "Physically impaired" means having one or more of the	140695
following conditions that substantially limit one or more of an	140696
individual's major life activities, including self-care, receptive	140697
and expressive language, learning, mobility, and self-direction:	140698

(a) A substantial impairment of vision, speech, or hearing;

140699

(b) A congenital orthopedic impairment;

140700

(c) An orthopedic impairment caused by disease, rheumatic	140701
fever or any other similar chronic or acute health problem, or	140702
amputation or another similar cause.	140703

(37) "Placement for adoption" means the arrangement by a	140704
public children services agency or a private child placing agency	140705
with a person for the care and adoption by that person of a child	140706
of whom the agency has permanent custody.	140707

(38) "Placement in foster care" means the arrangement by a	140708
public children services agency or a private child placing agency	140709
for the out-of-home care of a child of whom the agency has	140710
temporary custody or permanent custody.	140711

(39) "Planned permanent living arrangement" means an order of	140712
a juvenile court pursuant to which both of the following apply:	140713

(a) The court gives legal custody of a child to a public	140714
children services agency or a private child placing agency without	140715
the termination of parental rights.	140716

(b) The order permits the agency to make an appropriate	140717
placement of the child and to enter into a written agreement with	140718
a foster care provider or with another person or agency with whom	140719
the child is placed.	140720

(40) "Practice of social work" and "practice of professional	140721
counseling" have the same meanings as in section 4757.01 of the	140722
Revised Code.	140723

(41) "Sanction, service, or condition" means a sanction,	140724
service, or condition created by court order following an	140725
adjudication that a child is an unruly child that is described in	140726
division (A)(4) of section 2152.19 of the Revised Code.	140727

(42) "Protective supervision" means an order of disposition	140728
pursuant to which the court permits an abused, neglected,	140729
dependent, or unruly child to remain in the custody of the child's	140730
parents, guardian, or custodian and stay in the child's home,	140731
subject to any conditions and limitations upon the child, the	140732
child's parents, guardian, or custodian, or any other person that	140733
the court prescribes, including supervision as directed by the	140734
court for the protection of the child.	140735

(43) "Psychiatrist" has the same meaning as in section	140736
5122.01 of the Revised Code.	140737

(44) "Psychologist" has the same meaning as in section	140738
4732.01 of the Revised Code.	140739

(45) "Residential camp" means a program in which the care,	140740
physical custody, or control of children is accepted overnight for	140741
recreational or recreational and educational purposes.	140742

(46) "Residential care facility" means an institution,	140743
residence, or facility that is licensed by the department of	140744
~~mental health~~mental health and addiction services under section	140745
~~5119.22~~5119.34 of the Revised Code and that provides care for a	140746
child.	140747

(47) "Residential facility" means a home or facility that is	140748
licensed by the department of developmental disabilities under	140749
section 5123.19 of the Revised Code and in which a child with a	140750
developmental disability resides.	140751

(48) "Residual parental rights, privileges, and	140752
responsibilities" means those rights, privileges, and	140753
responsibilities remaining with the natural parent after the	140754
transfer of legal custody of the child, including, but not	140755
necessarily limited to, the privilege of reasonable visitation,	140756
consent to adoption, the privilege to determine the child's	140757
religious affiliation, and the responsibility for support.	140758

(49) "School day" means the school day established by the	140759
~~state~~ board of education of the applicable school district	140760
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	140761

(50) "School ~~month" and "school~~ year" ~~have~~has the same	140762
~~meanings~~meaning as in section 3313.62 of the Revised Code.	140763

(51) "Secure correctional facility" means a facility under	140764
the direction of the department of youth services that is designed	140765
to physically restrict the movement and activities of children and	140766
used for the placement of children after adjudication and	140767
disposition.	140768

(52) "Sexual activity" has the same meaning as in section	140769
2907.01 of the Revised Code.	140770

(53) "Shelter" means the temporary care of children in	140771
physically unrestricted facilities pending court adjudication or	140772
disposition.	140773

(54) "Shelter for victims of domestic violence" has the same	140774
meaning as in section 3113.33 of the Revised Code.	140775

(55) "Temporary custody" means legal custody of a child who	140776
is removed from the child's home, which custody may be terminated	140777
at any time at the discretion of the court or, if the legal	140778
custody is granted in an agreement for temporary custody, by the	140779
person who executed the agreement.	140780

(56) "Traditional response" means a public children services	140781
agency's response to a report of child abuse or neglect that	140782
encourages engagement of the family in a comprehensive evaluation	140783
of the child's current and future safety needs and a fact-finding	140784
process to determine whether child abuse or neglect occurred and	140785
the circumstances surrounding the alleged harm or risk of harm.	140786

(C) For the purposes of this chapter, a child shall be	140787
presumed abandoned when the parents of the child have failed to	140788
visit or maintain contact with the child for more than ninety	140789
days, regardless of whether the parents resume contact with the	140790
child after that period of ninety days.	140791

Sec. 2923.126. (A) A concealed handgun license that is	140792
issued under section 2923.125 of the Revised Code shall expire	140793
five years after the date of issuance. A licensee who has been	140794
issued a license under that section shall be granted a grace	140795
period of thirty days after the licensee's license expires during	140796
which the licensee's license remains valid. Except as provided in	140797
divisions (B) and (C) of this section, a licensee who has been	140798
issued a concealed handgun license under section 2923.125 or	140799
2923.1213 of the Revised Code may carry a concealed handgun	140800
anywhere in this state if the licensee also carries a valid	140801
license and valid identification when the licensee is in actual	140802
possession of a concealed handgun. The licensee shall give notice	140803
of any change in the licensee's residence address to the sheriff	140804
who issued the license within forty-five days after that change.	140805

If a licensee is the driver or an occupant of a motor vehicle	140806
that is stopped as the result of a traffic stop or a stop for	140807
another law enforcement purpose and if the licensee is	140808
transporting or has a loaded handgun in the motor vehicle at that	140809
time, the licensee shall promptly inform any law enforcement	140810
officer who approaches the vehicle while stopped that the licensee	140811
has been issued a concealed handgun license and that the licensee	140812
currently possesses or has a loaded handgun; the licensee shall	140813
not knowingly disregard or fail to comply with lawful orders of a	140814
law enforcement officer given while the motor vehicle is stopped,	140815
knowingly fail to remain in the motor vehicle while stopped, or	140816
knowingly fail to keep the licensee's hands in plain sight after	140817
any law enforcement officer begins approaching the licensee while	140818
stopped and before the officer leaves, unless directed otherwise	140819
by a law enforcement officer; and the licensee shall not knowingly	140820
have contact with the loaded handgun by touching it with the	140821
licensee's hands or fingers, in any manner in violation of	140822
division (E) of section 2923.16 of the Revised Code, after any law	140823
enforcement officer begins approaching the licensee while stopped	140824
and before the officer leaves. Additionally, if a licensee is the	140825
driver or an occupant of a commercial motor vehicle that is	140826
stopped by an employee of the motor carrier enforcement unit for	140827
the purposes defined in section 5503.04 of the Revised Code and if	140828
the licensee is transporting or has a loaded handgun in the	140829
commercial motor vehicle at that time, the licensee shall promptly	140830
inform the employee of the unit who approaches the vehicle while	140831
stopped that the licensee has been issued a concealed handgun	140832
license and that the licensee currently possesses or has a loaded	140833
handgun.	140834

If a licensee is stopped for a law enforcement purpose and if	140835
the licensee is carrying a concealed handgun at the time the	140836
officer approaches, the licensee shall promptly inform any law	140837
enforcement officer who approaches the licensee while stopped that	140838
the licensee has been issued a concealed handgun license and that	140839
the licensee currently is carrying a concealed handgun; the	140840
licensee shall not knowingly disregard or fail to comply with	140841
lawful orders of a law enforcement officer given while the	140842
licensee is stopped or knowingly fail to keep the licensee's hands	140843
in plain sight after any law enforcement officer begins	140844
approaching the licensee while stopped and before the officer	140845
leaves, unless directed otherwise by a law enforcement officer;	140846
and the licensee shall not knowingly remove, attempt to remove,	140847
grasp, or hold the loaded handgun or knowingly have contact with	140848
the loaded handgun by touching it with the licensee's hands or	140849
fingers, in any manner in violation of division (B) of section	140850
2923.12 of the Revised Code, after any law enforcement officer	140851
begins approaching the licensee while stopped and before the	140852
officer leaves.	140853

(B) A valid concealed handgun license does not authorize the	140854
licensee to carry a concealed handgun in any manner prohibited	140855
under division (B) of section 2923.12 of the Revised Code or in	140856
any manner prohibited under section 2923.16 of the Revised Code. A	140857
valid license does not authorize the licensee to carry a concealed	140858
handgun into any of the following places:	140859

(1) A police station, sheriff's office, or state highway	140860
patrol station, premises controlled by the bureau of criminal	140861
identification and investigation, a state correctional	140862
institution, jail, workhouse, or other detention facility, an	140863
airport passenger terminal, or an institution that is maintained,	140864
operated, managed, and governed pursuant to division (A) of	140865
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	140866
section 5123.03 of the Revised Code;	140867

(2) A school safety zone if the licensee's carrying the	140868
concealed handgun is in violation of section 2923.122 of the	140869
Revised Code;	140870

(3) A courthouse or another building or structure in which a	140871
courtroom is located, in violation of section 2923.123 of the	140872
Revised Code;	140873

(4) Any premises or open air arena for which a D permit has	140874
been issued under Chapter 4303. of the Revised Code if the	140875
licensee's carrying the concealed handgun is in violation of	140876
section 2923.121 of the Revised Code;	140877

(5) Any premises owned or leased by any public or private	140878
college, university, or other institution of higher education,	140879
unless the handgun is in a locked motor vehicle or the licensee is	140880
in the immediate process of placing the handgun in a locked motor	140881
vehicle;	140882

(6) Any church, synagogue, mosque, or other place of worship,	140883
unless the church, synagogue, mosque, or other place of worship	140884
posts or permits otherwise;	140885

(7) A child day-care center, a type A family day-care home,	140886
or a type B family day-care home, except that this division does	140887
not prohibit a licensee who resides in a type A family day-care	140888
home or a type B family day-care home from carrying a concealed	140889
handgun at any time in any part of the home that is not dedicated	140890
or used for day-care purposes, or from carrying a concealed	140891
handgun in a part of the home that is dedicated or used for	140892
day-care purposes at any time during which no children, other than	140893
children of that licensee, are in the home;	140894

(8) An aircraft that is in, or intended for operation in,	140895
foreign air transportation, interstate air transportation,	140896
intrastate air transportation, or the transportation of mail by	140897
aircraft;	140898

(9) Any building that is a government facility of this state	140899
or a political subdivision of this state and that is not a	140900
building that is used primarily as a shelter, restroom, parking	140901
facility for motor vehicles, or rest facility and is not a	140902
courthouse or other building or structure in which a courtroom is	140903
located that is subject to division (B)(3) of this section;	140904

(10) A place in which federal law prohibits the carrying of	140905
handguns.	140906

(C)(1) Nothing in this section shall negate or restrict a	140907
rule, policy, or practice of a private employer that is not a	140908
private college, university, or other institution of higher	140909
education concerning or prohibiting the presence of firearms on	140910
the private employer's premises or property, including motor	140911
vehicles owned by the private employer. Nothing in this section	140912
shall require a private employer of that nature to adopt a rule,	140913
policy, or practice concerning or prohibiting the presence of	140914
firearms on the private employer's premises or property, including	140915
motor vehicles owned by the private employer.	140916

(2)(a) A private employer shall be immune from liability in a	140917
civil action for any injury, death, or loss to person or property	140918
that allegedly was caused by or related to a licensee bringing a	140919
handgun onto the premises or property of the private employer,	140920
including motor vehicles owned by the private employer, unless the	140921
private employer acted with malicious purpose. A private employer	140922
is immune from liability in a civil action for any injury, death,	140923
or loss to person or property that allegedly was caused by or	140924
related to the private employer's decision to permit a licensee to	140925
bring, or prohibit a licensee from bringing, a handgun onto the	140926
premises or property of the private employer. As used in this	140927
division, "private employer" includes a private college,	140928
university, or other institution of higher education.	140929

(b) A political subdivision shall be immune from liability in	140930
a civil action, to the extent and in the manner provided in	140931
Chapter 2744. of the Revised Code, for any injury, death, or loss	140932
to person or property that allegedly was caused by or related to a	140933
licensee bringing a handgun onto any premises or property owned,	140934
leased, or otherwise under the control of the political	140935
subdivision. As used in this division, "political subdivision" has	140936
the same meaning as in section 2744.01 of the Revised Code.	140937

(3)(a) Except as provided in division (C)(3)(b) of this	140938
section, the owner or person in control of private land or	140939
premises, and a private person or entity leasing land or premises	140940
owned by the state, the United States, or a political subdivision	140941
of the state or the United States, may post a sign in a	140942
conspicuous location on that land or on those premises prohibiting	140943
persons from carrying firearms or concealed firearms on or onto	140944
that land or those premises. Except as otherwise provided in this	140945
division, a person who knowingly violates a posted prohibition of	140946
that nature is guilty of criminal trespass in violation of	140947
division (A)(4) of section 2911.21 of the Revised Code and is	140948
guilty of a misdemeanor of the fourth degree. If a person	140949
knowingly violates a posted prohibition of that nature and the	140950
posted land or premises primarily was a parking lot or other	140951
parking facility, the person is not guilty of criminal trespass in	140952
violation of division (A)(4) of section 2911.21 of the Revised	140953
Code and instead is subject only to a civil cause of action for	140954
trespass based on the violation.	140955

(b) A landlord may not prohibit or restrict a tenant who is a	140956
licensee and who on or after September 9, 2008, enters into a	140957
rental agreement with the landlord for the use of residential	140958
premises, and the tenant's guest while the tenant is present, from	140959
lawfully carrying or possessing a handgun on those residential	140960
premises.	140961

140962

(i) "Residential premises" has the same meaning as in section	140963
5321.01 of the Revised Code, except "residential premises" does	140964
not include a dwelling unit that is owned or operated by a college	140965
or university.	140966

(ii) "Landlord," "tenant," and "rental agreement" have the	140967
same meanings as in section 5321.01 of the Revised Code.	140968

(D) A person who holds a concealed handgun license issued by	140969
another state that is recognized by the attorney general pursuant	140970
to a reciprocity agreement entered into pursuant to section 109.69	140971
of the Revised Code has the same right to carry a concealed	140972
handgun in this state as a person who was issued a concealed	140973
handgun license under section 2923.125 of the Revised Code and is	140974
subject to the same restrictions that apply to a person who	140975
carries a license issued under that section.	140976

(E) A peace officer has the same right to carry a concealed	140977
handgun in this state as a person who was issued a concealed	140978
handgun license under section 2923.125 of the Revised Code. For	140979
purposes of reciprocity with other states, a peace officer shall	140980
be considered to be a licensee in this state.	140981

(F)(1) A qualified retired peace officer who possesses a	140982
retired peace officer identification card issued pursuant to	140983
division (F)(2) of this section and a valid firearms	140984
requalification certification issued pursuant to division (F)(3)	140985
of this section has the same right to carry a concealed handgun in	140986
this state as a person who was issued a concealed handgun license	140987
under section 2923.125 of the Revised Code and is subject to the	140988
same restrictions that apply to a person who carries a license	140989
issued under that section. For purposes of reciprocity with other	140990
states, a qualified retired peace officer who possesses a retired	140991
peace officer identification card issued pursuant to division	140992
(F)(2) of this section and a valid firearms requalification	140993
certification issued pursuant to division (F)(3) of this section	140994
shall be considered to be a licensee in this state.	140995

(2)(a) Each public agency of this state or of a political	140996
subdivision of this state that is served by one or more peace	140997
officers shall issue a retired peace officer identification card	140998
to any person who retired from service as a peace officer with	140999
that agency, if the issuance is in accordance with the agency's	141000
policies and procedures and if the person, with respect to the	141001
person's service with that agency, satisfies all of the following:	141002

(i) The person retired in good standing from service as a	141003
peace officer with the public agency, and the retirement was not	141004
for reasons of mental instability.	141005

(ii) Before retiring from service as a peace officer with	141006
that agency, the person was authorized to engage in or supervise	141007
the prevention, detection, investigation, or prosecution of, or	141008
the incarceration of any person for, any violation of law and the	141009
person had statutory powers of arrest.	141010

(iii) At the time of the person's retirement as a peace	141011
officer with that agency, the person was trained and qualified to	141012
carry firearms in the performance of the peace officer's duties.	141013

(iv) Before retiring from service as a peace officer with	141014
that agency, the person was regularly employed as a peace officer	141015
for an aggregate of fifteen years or more, or, in the alternative,	141016
the person retired from service as a peace officer with that	141017
agency, after completing any applicable probationary period of	141018
that service, due to a service-connected disability, as determined	141019
by the agency.	141020

(b) A retired peace officer identification card issued to a	141021
person under division (F)(2)(a) of this section shall identify the	141022
person by name, contain a photograph of the person, identify the	141023
public agency of this state or of the political subdivision of	141024
this state from which the person retired as a peace officer and	141025
that is issuing the identification card, and specify that the	141026
person retired in good standing from service as a peace officer	141027
with the issuing public agency and satisfies the criteria set	141028
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	141029
addition to the required content specified in this division, a	141030
retired peace officer identification card issued to a person under	141031
division (F)(2)(a) of this section may include the firearms	141032
requalification certification described in division (F)(3) of this	141033
section, and if the identification card includes that	141034
certification, the identification card shall serve as the firearms	141035
requalification certification for the retired peace officer. If	141036
the issuing public agency issues credentials to active law	141037
enforcement officers who serve the agency, the agency may comply	141038
with division (F)(2)(a) of this section by issuing the same	141039
credentials to persons who retired from service as a peace officer	141040
with the agency and who satisfy the criteria set forth in	141041
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	141042
credentials so issued to retired peace officers are stamped with	141043
the word "RETIRED."	141044

(c) A public agency of this state or of a political	141045
subdivision of this state may charge persons who retired from	141046
service as a peace officer with the agency a reasonable fee for	141047
issuing to the person a retired peace officer identification card	141048
pursuant to division (F)(2)(a) of this section.	141049

(3) If a person retired from service as a peace officer with	141050
a public agency of this state or of a political subdivision of	141051
this state and the person satisfies the criteria set forth in	141052
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	141053
may provide the retired peace officer with the opportunity to	141054
attend a firearms requalification program that is approved for	141055
purposes of firearms requalification required under section	141056
109.801 of the Revised Code. The retired peace officer may be	141057
required to pay the cost of the course.	141058

If a retired peace officer who satisfies the criteria set	141059
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	141060
firearms requalification program that is approved for purposes of	141061
firearms requalification required under section 109.801 of the	141062
Revised Code, the retired peace officer's successful completion of	141063
the firearms requalification program requalifies the retired peace	141064
officer for purposes of division (F) of this section for five	141065
years from the date on which the program was successfully	141066
completed, and the requalification is valid during that five-year	141067
period. If a retired peace officer who satisfies the criteria set	141068
forth in divisions (F)(2)(a)(i) to (iv) of this section	141069
satisfactorily completes such a firearms requalification program,	141070
the retired peace officer shall be issued a firearms	141071
requalification certification that identifies the retired peace	141072
officer by name, identifies the entity that taught the program,	141073
specifies that the retired peace officer successfully completed	141074
the program, specifies the date on which the course was	141075
successfully completed, and specifies that the requalification is	141076
valid for five years from that date of successful completion. The	141077
firearms requalification certification for a retired peace officer	141078
may be included in the retired peace officer identification card	141079
issued to the retired peace officer under division (F)(2) of this	141080
section.	141081

A retired peace officer who attends a firearms	141082
requalification program that is approved for purposes of firearms	141083
requalification required under section 109.801 of the Revised Code	141084
may be required to pay the cost of the program.	141085

(G) As used in this section:

141086

(1) "Qualified retired peace officer" means a person who	141087
satisfies all of the following:	141088

(a) The person satisfies the criteria set forth in divisions	141089
(F)(2)(a)(i) to (v) of this section.	141090

(b) The person is not under the influence of alcohol or	141091
another intoxicating or hallucinatory drug or substance.	141092

(c) The person is not prohibited by federal law from	141093
receiving firearms.	141094

(2) "Retired peace officer identification card" means an	141095
identification card that is issued pursuant to division (F)(2) of	141096
this section to a person who is a retired peace officer.	141097

(3) "Government facility of this state or a political	141098
subdivision of this state" means any of the following:	141099

(a) A building or part of a building that is owned or leased	141100
by the government of this state or a political subdivision of this	141101
state and where employees of the government of this state or the	141102
political subdivision regularly are present for the purpose of	141103
performing their official duties as employees of the state or	141104
political subdivision;	141105

(b) The office of a deputy registrar serving pursuant to	141106
Chapter 4503. of the Revised Code that is used to perform deputy	141107
registrar functions.	141108

Sec. 5104.012. (A)(1) At the times specified in this	141109
division, the administrator of a child day-care center or a type A	141110
family day-care home shall request the superintendent of the	141111
bureau of criminal identification and investigation to conduct a	141112
criminal records check with respect to any applicant who has	141113
applied to the center or type A home for employment as a person	141114
responsible for the care, custody, or control of a child.	141115

The administrator shall request a criminal records check	141116
pursuant to this division at the time of the applicant's initial	141117
application for employment and every ~~four~~five years thereafter.	141118
When the administrator requests pursuant to this division a	141119
criminal records check for an applicant at the time of the	141120
applicant's initial application for employment, the administrator	141121
shall request that the superintendent obtain information from the	141122
federal bureau of investigation as a part of the criminal records	141123
check for the applicant, including fingerprint-based checks of	141124
national crime information databases as described in 42 U.S.C.	141125
671, for the person subject to the criminal records check. In all	141126
other cases in which the administrator requests a criminal records	141127
check for an applicant pursuant to this division, the	141128
administrator may request that the superintendent include	141129
information from the federal bureau of investigation in the	141130
criminal records check, including fingerprint-based checks of	141131
national crime information databases as described in 42 U.S.C.	141132
671.	141133

(2) A person required by division (A)(1) of this section to	141134
request a criminal records check shall provide to each applicant a	141135
copy of the form prescribed pursuant to division (C)(1) of section	141136
109.572 of the Revised Code, provide to each applicant a standard	141137
impression sheet to obtain fingerprint impressions prescribed	141138
pursuant to division (C)(2) of section 109.572 of the Revised	141139
Code, obtain the completed form and impression sheet from each	141140
applicant, and forward the completed form and impression sheet to	141141
the superintendent of the bureau of criminal identification and	141142
investigation at the time the person requests a criminal records	141143
check pursuant to division (A)(1) of this section. On and after	141144
August 14, 2008, the administrator of a child day-care center or a	141145
type A family day-care home shall review the results of the	141146
criminal records check before the applicant has sole	141147
responsibility for the care, custody, or control of any child.	141148

(3) An applicant who receives pursuant to division (A)(2) of	141149
this section a copy of the form prescribed pursuant to division	141150
(C)(1) of section 109.572 of the Revised Code and a copy of an	141151
impression sheet prescribed pursuant to division (C)(2) of that	141152
section and who is requested to complete the form and provide a	141153
set of fingerprint impressions shall complete the form or provide	141154
all the information necessary to complete the form and shall	141155
provide the impression sheet with the impressions of the	141156
applicant's fingerprints. If an applicant, upon request, fails to	141157
provide the information necessary to complete the form or fails to	141158
provide impressions of the applicant's fingerprints, the center or	141159
type A home shall not employ that applicant for any position for	141160
which a criminal records check is required by division (A)(1) of	141161
this section.	141162

(B)(1) Except as provided in rules adopted under division (E)	141163
of this section, no child day-care center or type A family	141164
day-care home shall employ or contract with another entity for the	141165
services of a person as a person responsible for the care,	141166
custody, or control of a child if the person previously has been	141167
convicted of or pleaded guilty to any of the violations described	141168
in division (A)(5) of section 109.572 of the Revised Code.	141169

(2) A child day-care center or type A family day-care home	141170
may employ an applicant conditionally until the criminal records	141171
check required by this section is completed and the center or home	141172
receives the results of the criminal records check. If the results	141173
of the criminal records check indicate that, pursuant to division	141174
(B)(1) of this section, the applicant does not qualify for	141175
employment, the center or home shall release the applicant from	141176
employment.	141177

(C)(1) Each child day-care center and type A family day-care	141178
home shall pay to the bureau of criminal identification and	141179
investigation the fee prescribed pursuant to division (C)(3) of	141180
section 109.572 of the Revised Code for each criminal records	141181
check conducted in accordance with that section upon the request	141182
pursuant to division (A)(1) of this section of the administrator	141183
or provider of the center or home.	141184

(2) A child day-care center and type A family day-care home	141185
may charge an applicant a fee for the costs it incurs in obtaining	141186
a criminal records check under this section. A fee charged under	141187
this division shall not exceed the amount of fees the center or	141188
home pays under division (C)(1) of this section. If a fee is	141189
charged under this division, the center or home shall notify the	141190
applicant at the time of the applicant's initial application for	141191
employment of the amount of the fee and that, unless the fee is	141192
paid, the center or type A home will not consider the applicant	141193
for employment.	141194

(D) The report of any criminal records check conducted by the	141195
bureau of criminal identification and investigation in accordance	141196
with section 109.572 of the Revised Code and pursuant to a request	141197
under division (A)(1) of this section is not a public record for	141198
the purposes of section 149.43 of the Revised Code and shall not	141199
be made available to any person other than the applicant who is	141200
the subject of the criminal records check or the applicant's	141201
representative; the center or type A home requesting the criminal	141202
records check or its representative; the department of job and	141203
family services or a county department of job and family services;	141204
and any court, hearing officer, or other necessary individual	141205
involved in a case dealing with the denial of employment to the	141206
applicant.	141207

(E) The director of job and family services shall adopt rules	141208
pursuant to Chapter 119. of the Revised Code to implement this	141209
section, including rules specifying circumstances under which a	141210
center or home may hire a person who has been convicted of an	141211
offense listed in division (B)(1) of this section but who meets	141212
standards in regard to rehabilitation set by the department.	141213

(F) Any person required by division (A)(1) of this section to	141214
request a criminal records check shall inform each person, at the	141215
time of the person's initial application for employment, that the	141216
person is required to provide a set of impressions of the person's	141217
fingerprints and that a criminal records check is required to be	141218
conducted and satisfactorily completed in accordance with section	141219
109.572 of the Revised Code if the person comes under final	141220
consideration for appointment or employment as a precondition to	141221
employment for that position.	141222

(G) As used in this section:

141223

(1) "Applicant" means a person who is under final	141224
consideration for appointment to or employment in a position with	141225
a child day-care center or a type A family day-care home as a	141226
person responsible for the care, custody, or control of a child or	141227
any person who would serve in any position with a child day-care	141228
center or a type A family day-care home as a person responsible	141229
for the care, custody, or control of a child pursuant to a	141230
contract with another entity.	141231

(2) "Criminal records check" has the same meaning as in	141232
section 109.572 of the Revised Code.	141233

Sec. 5104.013. (A)(1) At the times specified in division	141234
(A)(3) of this section, the director of job and family services,	141235
as part of the process of licensure of child day-care centers,	141236
type A family day-care homes, and licensed type B family day-care	141237
homes shall request the superintendent of the bureau of criminal	141238
identification and investigation to conduct a criminal records	141239
check with respect to the following persons:	141240

(a) Any owner, licensee, or administrator of a child day-care	141241
center;	141242

(b) Any owner, licensee, or administrator of a type A family	141243
day-care home and any person eighteen years of age or older who	141244
resides in a type A family day-care home;	141245

(c) Any administrator of a licensed type B family day-care	141246
home and any person eighteen years of age or older who resides in	141247
a licensed type B family day-care home.	141248

(2) At the time specified in division (A)(3) of this section,	141249
the director of a county department of job and family services, as	141250
part of the process of certification of in-home aides, shall	141251
request the superintendent of the bureau of criminal	141252
identification and investigation to conduct a criminal records	141253
check with respect to any in-home aide.	141254

(3) The director of job and family services shall request a	141255
criminal records check pursuant to division (A)(1) of this section	141256
at the time of the initial application for licensure and every	141257
~~four~~five years thereafter. The director of a county department of	141258
job and family services shall request a criminal records check	141259
pursuant to division (A)(2) of this section at the time of the	141260
initial application for certification and every ~~four~~five years	141261
thereafter. When the director of job and family services or the	141262
director of a county department of job and family services	141263
requests pursuant to division (A)(1) or (2) of this section a	141264
criminal records check for a person at the time of the person's	141265
initial application for licensure or certification, the director	141266
shall request that the superintendent of the bureau of criminal	141267
identification and investigation obtain information from the	141268
federal bureau of investigation as a part of the criminal records	141269
check for the person, including fingerprint-based checks of	141270
national crime information databases as described in 42 U.S.C. 671	141271
for the person subject to the criminal records check. In all other	141272
cases in which the director of job and family services or the	141273
director of a county department of job and family services	141274
requests a criminal records check for an applicant pursuant to	141275
division (A)(1) or (2) of this section, the director may request	141276
that the superintendent include information from the federal	141277
bureau of investigation in the criminal records check, including	141278
fingerprint-based checks of national crime information databases	141279
as described in 42 U.S.C. 671.	141280

(4) The director of job and family services shall review the	141281
results of a criminal records check subsequent to a request made	141282
pursuant to divisions (A)(1) and (3) of this section prior to	141283
approval of a license. The director of a county department of job	141284
and family services shall review the results of a criminal records	141285
check subsequent to a request made pursuant to divisions (A)(2)	141286
and (3) of this section prior to approval of certification.	141287

(B) The director of job and family services or the director	141288
of a county department of job and family services shall provide to	141289
each person for whom a criminal records check is required under	141290
this section a copy of the form prescribed pursuant to division	141291
(C)(1) of section 109.572 of the Revised Code and a standard	141292
impression sheet to obtain fingerprint impressions prescribed	141293
pursuant to division (C)(2) of that section, obtain the completed	141294
form and impression sheet from that person, and forward the	141295
completed form and impression sheet to the superintendent of the	141296
bureau of criminal identification and investigation.	141297

(C) A person who receives pursuant to division (B) of this	141298
section a copy of the form and standard impression sheet described	141299
in that division and who is requested to complete the form and	141300
provide a set of fingerprint impressions shall complete the form	141301
or provide all the information necessary to complete the form and	141302
shall provide the impression sheet with the impressions of the	141303
person's fingerprints. If the person, upon request, fails to	141304
provide the information necessary to complete the form or fails to	141305
provide impressions of the person's fingerprints, the director may	141306
consider the failure as a reason to deny licensure or	141307
certification.	141308

(D) Except as provided in rules adopted under division (G) of	141309
this section, the director of job and family services shall not	141310
grant a license to a child day-care center, type A family day-care	141311
home, or type B family day-care home and a county director of job	141312
and family services shall not certify an in-home aide if a person	141313
for whom a criminal records check was required in connection with	141314
the center or home previously has been convicted of or pleaded	141315
guilty to any of the violations described in division (A)(5) of	141316
section 109.572 of the Revised Code.	141317

(E) Each child day-care center, type A family day-care home,	141318
and type B family day-care home shall pay to the bureau of	141319
criminal identification and investigation the fee prescribed	141320
pursuant to division (C)(3) of section 109.572 of the Revised Code	141321
for each criminal records check conducted in accordance with that	141322
section upon a request made pursuant to division (A) of this	141323
section.	141324

(F) The report of any criminal records check conducted by the	141325
bureau of criminal identification and investigation in accordance	141326
with section 109.572 of the Revised Code and pursuant to a request	141327
made under division (A) of this section is not a public record for	141328
the purposes of section 149.43 of the Revised Code and shall not	141329
be made available to any person other than the person who is the	141330
subject of the criminal records check or the person's	141331
representative, the director of job and family services, the	141332
director of a county department of job and family services, the	141333
center, type A home, or type B home involved, and any court,	141334
hearing officer, or other necessary individual involved in a case	141335
dealing with a denial of licensure or certification related to the	141336
criminal records check.	141337

(G) The director of job and family services shall adopt rules	141338
in accordance with Chapter 119. of the Revised Code to implement	141339
this section, including rules specifying exceptions to the	141340
prohibition in division (D) of this section for persons who have	141341
been convicted of an offense listed in that division but who meet	141342
standards in regard to rehabilitation set by the director.	141343

(H) As used in this section, "criminal records check" has the	141344
same meaning as in section 109.572 of the Revised Code.	141345

Sec. 5104.03. (A) Any person, firm, organization,	141346
institution, or agency seeking to establish a child day-care	141347
center, type A family day-care home, or licensed type B family	141348
day-care home shall apply for a license to the director of job and	141349
family services on such form as the director prescribes. The	141350
director shall provide at no charge to each applicant for	141351
licensure a copy of the child care license requirements in this	141352
chapter and a copy of the rules adopted pursuant to this chapter.	141353
The copies may be provided in paper or electronic form.	141354

Fees shall be set by the director pursuant to sections	141355
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	141356
paid at the time of application for a license to operate a center,	141357
type A home, or type B home. Fees collected under this section	141358
shall be paid into the state treasury to the credit of the general	141359
revenue fund.	141360

(B)(1) Upon filing of the application for a license, the	141361
director shall investigate and inspect the center, type A home, or	141362
type B home to determine the license capacity for each age	141363
category of children of the center, type A home, or type B home	141364
and to determine whether the center, type A home, or type B home	141365
complies with this chapter and rules adopted pursuant to this	141366
chapter. When, after investigation and inspection, the director is	141367
satisfied that this chapter and rules adopted pursuant to it are	141368
complied with, subject to division (H) of this section, a license	141369
shall be issued as soon as practicable in such form and manner as	141370
prescribed by the director. The license shall be designated as	141371
provisional and shall be valid for twelve months from the date of	141372
issuance unless revoked.	141373

(2) The director may contract with a government entity or a	141374
private nonprofit entity for the entity to inspect and license	141375
type B family day-care homes pursuant to this section. The	141376
department, government entity, or nonprofit entity shall conduct	141377
the inspection prior to the issuance of a license for the type B	141378
home and, as part of that inspection, ensure that the type B home	141379
is safe and sanitary.	141380

(C)(1) On receipt of an application for licensure as a type B	141381
family day-care home to provide publicly funded child care, the	141382
department shall search the uniform statewide automated child	141383
welfare information system for information concerning any abuse or	141384
neglect report made pursuant to section 2151.421 of the Revised	141385
Code of which the applicant, any other adult residing in the	141386
applicant's home, or a person designated by the applicant to be an	141387
emergency or substitute caregiver for the applicant is the	141388
subject.	141389

(2) The department shall consider any information it	141390
discovers pursuant to division (C)(1) of this section or that is	141391
provided by a public children services agency pursuant to section	141392
5153.175 of the Revised Code. If the department determines that	141393
the information, when viewed within the totality of the	141394
circumstances, reasonably leads to the conclusion that the	141395
applicant may directly or indirectly endanger the health, safety,	141396
or welfare of children, the department shall deny the application	141397
for licensure or revoke the license of a type B family day-care	141398
home.	141399

(D) The director shall investigate and inspect the center,	141400
type A home, or type B home at least once during operation under a	141401
license designated as provisional. If after the investigation and	141402
inspection the director determines that the requirements of this	141403
chapter and rules adopted pursuant to this chapter are met,	141404
subject to division (H) of this section, the director shall issue	141405
a new license to the center or home.	141406

(E) Each license shall state the name of the licensee, the	141407
name of the administrator, the address of the center, type A home,	141408
or licensed type B home, and the license capacity for each age	141409
category of children. The license shall include thereon, in	141410
accordance with sections 5104.015, 5104.017, and 5104.018 of the	141411
Revised Code, the toll-free telephone number to be used by persons	141412
suspecting that the center, type A home, or licensed type B home	141413
has violated a provision of this chapter or rules adopted pursuant	141414
to this chapter. A license is valid only for the licensee,	141415
administrator, address, and license capacity for each age category	141416
of children designated on the license. The license capacity	141417
specified on the license is the maximum number of children in each	141418
age category that may be cared for in the center, type A home, or	141419
licensed type B home at one time.	141420

The center or type A home licensee shall notify the director	141421
when the administrator of the center or home changes. The director	141422
shall amend the current license to reflect a change in an	141423
administrator, if the administrator meets the requirements of this	141424
chapter and rules adopted pursuant to this chapter, or a change in	141425
license capacity for any age category of children as determined by	141426
the director of job and family services.	141427

(F) If the director revokes the license of a center, a type A	141428
home, or a type B home, the director shall not issue another	141429
license to the owner of the center, type A home, or type B home	141430
until five years have elapsed from the date the license is	141431
revoked.	141432

If the director denies an application for a license, the	141433
director shall not accept another application from the applicant	141434
until five years have elapsed from the date the application is	141435
denied.	141436

(G) If during the application for licensure process the	141437
director determines that the license of the owner has been	141438
revoked, the investigation of the center, type A home, or type B	141439
home shall cease. This action does not constitute denial of the	141440
application and may not be appealed under division (H) of this	141441
section.	141442

(H) All actions of the director with respect to licensing	141443
centers, type A homes, or type B homes, refusal to license, and	141444
revocation of a license shall be in accordance with Chapter 119.	141445
of the Revised Code. Any applicant who is denied a license or any	141446
owner whose license is revoked may appeal in accordance with	141447
section 119.12 of the Revised Code.	141448

(I) In no case shall the director issue a license under this	141449
section for a center, type A home, or type B home if the director,	141450
based on documentation provided by the appropriate county	141451
department of job and family services, determines that the	141452
applicant had been certified as a type B family day-care home when	141453
such certifications were issued by county departments prior to ~~the~~	141454
~~effective date of this amendment~~January 1, 2014, that the county	141455
department revoked that certification within the immediately	141456
preceding five years, that the revocation was based on the	141457
applicant's refusal or inability to comply with the criteria for	141458
certification, and that the refusal or inability resulted in a	141459
risk to the health or safety of children.	141460

(J)(1) Except as provided in division (J)(2) of this section,	141461
an administrator of a type B family day-care home that receives a	141462
license pursuant to this section to provide publicly funded child	141463
care is an independent contractor and is not an employee of the	141464
department of job and family services.	141465

(2) For purposes of Chapter 4141. of the Revised Code,	141466
determinations concerning the employment of an administrator of a	141467
type B family day-care home that receives a license pursuant to	141468
this section shall be determined under Chapter 4141. of the	141469
Revised Code.	141470

Sec. 5104.08. (A) There is hereby created in the department	141471
of job and family services a child care advisory council to advise	141472
and assist the department in the administration of this chapter	141473
and in the development of child care. The council shall consist of	141474
twenty-two voting members appointed by the director of job and	141475
family services with the approval of the governor. The director of	141476
job and family services, the director of developmental	141477
disabilities, the director of ~~mental health~~mental health and	141478
addiction services, the superintendent of public instruction, the	141479
director of health, the director of commerce, and the state fire	141480
marshal shall serve as nonvoting members of the council.	141481

Six members shall be representatives of child care centers	141482
subject to licensing, the members to represent a variety of	141483
centers, including nonprofit and proprietary, from different	141484
geographical areas of the state. At least three members shall be	141485
parents, guardians, or custodians of children receiving child care	141486
or publicly funded child care in the child's own home, a center, a	141487
type A home, a head start program, a licensed type B home, or a	141488
type B home at the time of appointment. Three members shall be	141489
representatives of in-home aides, type A homes, licensed type B	141490
homes, or type B homes or head start programs. At least six	141491
members shall represent county departments of job and family	141492
services. The remaining members shall be representatives of the	141493
teaching, child development, and health professions, and other	141494
individuals interested in the welfare of children. At least six	141495
members of the council shall not be employees or licensees of a	141496
child day-care center, head start program, or type A home, or	141497
providers operating a licensed type B home or type B home, or	141498
in-home aides.	141499

Appointments shall be for three-year terms. Vacancies shall	141500
be filled for the unexpired terms. A member of the council is	141501
subject to removal by the director of job and family services for	141502
a willful and flagrant exercise of authority or power that is not	141503
authorized by law, for a refusal or willful neglect to perform any	141504
official duty as a member of the council imposed by law, or for	141505
being guilty of misfeasance, malfeasance, nonfeasance, or gross	141506
neglect of duty as a member of the council.	141507

There shall be two co-chairpersons of the council. One	141508
co-chairperson shall be the director of job and family services or	141509
the director's designee, and one co-chairperson shall be elected	141510
by the members of the council. The council shall meet as often as	141511
is necessary to perform its duties, provided that it shall meet at	141512
least once in each quarter of each calendar year and at the call	141513
of the co-chairpersons. The co-chairpersons or their designee	141514
shall send to each member a written notice of the date, time, and	141515
place of each meeting.	141516

Members of the council shall serve without compensation, but	141517
shall be reimbursed for necessary expenses.	141518

(B) The child care advisory council shall advise the director	141519
on matters affecting the licensing of centers, type A homes, and	141520
type B homes and the certification of in-home aides. The council	141521
shall make an annual report to the director of job and family	141522
services that addresses the availability, affordability,	141523
accessibility, and quality of child care and that summarizes the	141524
recommendations and plans of action that the council has proposed	141525
to the director during the preceding fiscal year. The director of	141526
job and family services shall provide copies of the report to the	141527
governor, speaker and minority leader of the house of	141528
representatives, and the president and minority leader of the	141529
senate and, on request, shall make copies available to the public.	141530

(C) The director of job and family services shall adopt rules	141531
in accordance with Chapter 119. of the Revised Code to implement	141532
this section.	141533

Sec. 5104.32. (A) Except as provided in division (C) of this	141534
section, all purchases of publicly funded child care shall be made	141535
under a contract entered into by a licensed child day-care center,	141536
licensed type A family day-care home, licensed type B family	141537
day-care home, certified in-home aide, approved child day camp,	141538
licensed preschool program, licensed school child program, or	141539
border state child care provider and the department of job and	141540
family services. All contracts for publicly funded child care	141541
shall be contingent upon the availability of state and federal	141542
funds. The department shall prescribe a standard form to be used	141543
for all contracts for the purchase of publicly funded child care,	141544
regardless of the source of public funds used to purchase the	141545
child care. To the extent permitted by federal law and	141546
notwithstanding any other provision of the Revised Code that	141547
regulates state contracts or contracts involving the expenditure	141548
of state or federal funds, all contracts for publicly funded child	141549
care shall be entered into in accordance with the provisions of	141550
this chapter and are exempt from any other provision of the	141551
Revised Code that regulates state contracts or contracts involving	141552
the expenditure of state or federal funds.	141553

(B) Each contract for publicly funded child care shall	141554
specify at least the following:	141555

(1) That the provider of publicly funded child care agrees to	141556
be paid for rendering services at the lower of the rate	141557
customarily charged by the provider for children enrolled for	141558
child care or the reimbursement ceiling or rate of payment	141559
established pursuant to section 5104.30 of the Revised Code;	141560

(2) That, if a provider provides child care to an individual	141561
potentially eligible for publicly funded child care who is	141562
subsequently determined to be eligible, the department agrees to	141563
pay for all child care provided between the date the county	141564
department of job and family services receives the individual's	141565
completed application and the date the individual's eligibility is	141566
determined;	141567

(3) Whether the county department of job and family services,	141568
the provider, or a child care resource and referral service	141569
organization will make eligibility determinations, whether the	141570
provider or a child care resource and referral service	141571
organization will be required to collect information to be used by	141572
the county department to make eligibility determinations, and the	141573
time period within which the provider or child care resource and	141574
referral service organization is required to complete required	141575
eligibility determinations or to transmit to the county department	141576
any information collected for the purpose of making eligibility	141577
determinations;	141578

(4) That the provider, other than a border state child care	141579
provider, shall continue to be licensed, approved, or certified	141580
pursuant to this chapter and shall comply with all standards and	141581
other requirements in this chapter and in rules adopted pursuant	141582
to this chapter for maintaining the provider's license, approval,	141583
or certification;	141584

(5) That, in the case of a border state child care provider,	141585
the provider shall continue to be licensed, certified, or	141586
otherwise approved by the state in which the provider is located	141587
and shall comply with all standards and other requirements	141588
established by that state for maintaining the provider's license,	141589
certificate, or other approval;	141590

(6) Whether the provider will be paid by the state department	141591
of job and family services or in some other manner as prescribed	141592
by rules adopted under section 5104.42 of the Revised Code;	141593

(7) That the contract is subject to the availability of state	141594
and federal funds.	141595

(C) Unless specifically prohibited by federal law or by rules	141596
adopted under section 5104.42 of the Revised Code, the county	141597
department of job and family services shall give individuals	141598
eligible for publicly funded child care the option of obtaining	141599
certificates that the individual may use to purchase services from	141600
any provider qualified to provide publicly funded child care under	141601
section 5104.31 of the Revised Code. Providers of publicly funded	141602
child care may present these certificates for payment in	141603
accordance with rules that the director of job and family services	141604
shall adopt. Only providers may receive payment for certificates.	141605
The value of the certificate shall be based on the lower of the	141606
rate customarily charged by the provider or the rate of payment	141607
established pursuant to section 5104.30 of the Revised Code. The	141608
county department may provide the certificates to the individuals	141609
or may contract with child care providers or child care resource	141610
and referral service organizations that make determinations of	141611
eligibility for publicly funded child care pursuant to contracts	141612
entered into under section 5104.34 of the Revised Code for the	141613
providers or resource and referral service organizations to	141614
provide the certificates to individuals whom they determine are	141615
eligible for publicly funded child care.	141616

For each six-month period a provider of publicly funded child	141617
care provides publicly funded child care to the child of an	141618
individual given certificates, the individual shall provide the	141619
provider certificates for days the provider would have provided	141620
publicly funded child care to the child had the child been	141621
present. The maximum number of days providers shall be provided	141622
certificates shall not exceed ten days in a six-month period	141623
during which publicly funded child care is provided to the child	141624
regardless of the number of providers that provide publicly funded	141625
child care to the child during that period.	141626

(D)(1) The department shall establish the Ohio electronic	141627
child care system to track attendance and calculate payments for	141628
publicly funded child care. The system shall include issuing an	141629
electronic child care card to each caretaker parent to swipe	141630
through a point of service device issued to an eligible provider,	141631
as described in section 5104.31 of the Revised Code.	141632

(2) Each eligible provider that provides publicly funded	141633
child care shall participate in the Ohio electronic child care	141634
system. A provider participating in the system shall not do any of	141635
the following:	141636

(a) Use or have possession of an electronic child care card	141637
issued to a caretaker parent;	141638

(b) Falsify attendance records;

141639

(c) Knowingly seek payment for publicly funded child care	141640
that was not provided;	141641

(d) Knowingly accept reimbursement for publicly funded child	141642
care that was not provided.	141643

Section 110.21. That the existing versions of sections	141644
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	141645
and 5104.32 of the Revised Code that are scheduled to take effect	141646
January 1, 2014, are hereby repealed.	141647

Section 110.22. Sections 110.20 and 110.21 of this act shall	141648
take effect January 1, 2014, except that the amendments by	141649
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	141650
(50) of section 2151.011 of the Revised Code shall take effect	141651
July 1, 2014.	141652

Section 110.30. That the versions of sections 4501.01,	141653
4507.01, and 4507.06 of the Revised Code that are scheduled to	141654
take effect January 1, 2017, be amended to read as follows:	141655

Sec. 4501.01. As used in this chapter and Chapters 4503.,	141656
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	141657
Revised Code, and in the penal laws, except as otherwise provided:	141658

(A) "Vehicles" means everything on wheels or runners,	141659
including motorized bicycles, but does not mean electric personal	141660
assistive mobility devices, vehicles that are operated exclusively	141661
on rails or tracks or from overhead electric trolley wires, and	141662
vehicles that belong to any police department, municipal fire	141663
department, or volunteer fire department, or that are used by such	141664
a department in the discharge of its functions.	141665

(B) "Motor vehicle" means any vehicle, including mobile homes	141666
and recreational vehicles, that is propelled or drawn by power	141667
other than muscular power or power collected from overhead	141668
electric trolley wires. "Motor vehicle" does not include utility	141669
vehicles as defined in division (VV) of this section, under-speed	141670
vehicles as defined in division (XX) of this section, mini-trucks	141671
as defined in division (BBB) of this section, motorized bicycles,	141672
road rollers, traction engines, power shovels, power cranes, and	141673
other equipment used in construction work and not designed for or	141674
employed in general highway transportation, well-drilling	141675
machinery, ditch-digging machinery, farm machinery, and trailers	141676
that are designed and used exclusively to transport a boat between	141677
a place of storage and a marina, or in and around a marina, when	141678
drawn or towed on a public road or highway for a distance of no	141679
more than ten miles and at a speed of twenty-five miles per hour	141680
or less.	141681

(C) "Agricultural tractor" and "traction engine" mean any	141682
self-propelling vehicle that is designed or used for drawing other	141683
vehicles or wheeled machinery, but has no provisions for carrying	141684
loads independently of such other vehicles, and that is used	141685
principally for agricultural purposes.	141686

(D) "Commercial tractor," except as defined in division (C)	141687
of this section, means any motor vehicle that has motive power and	141688
either is designed or used for drawing other motor vehicles, or is	141689
designed or used for drawing another motor vehicle while carrying	141690
a portion of the other motor vehicle or its load, or both.	141691

(E) "Passenger car" means any motor vehicle that is designed	141692
and used for carrying not more than nine persons and includes any	141693
motor vehicle that is designed and used for carrying not more than	141694
fifteen persons in a ridesharing arrangement.	141695

(F) "Collector's vehicle" means any motor vehicle or	141696
agricultural tractor or traction engine that is of special	141697
interest, that has a fair market value of one hundred dollars or	141698
more, whether operable or not, and that is owned, operated,	141699
collected, preserved, restored, maintained, or used essentially as	141700
a collector's item, leisure pursuit, or investment, but not as the	141701
owner's principal means of transportation. "Licensed collector's	141702
vehicle" means a collector's vehicle, other than an agricultural	141703
tractor or traction engine, that displays current, valid license	141704
tags issued under section 4503.45 of the Revised Code, or a	141705
similar type of motor vehicle that displays current, valid license	141706
tags issued under substantially equivalent provisions in the laws	141707
of other states.	141708

(G) "Historical motor vehicle" means any motor vehicle that	141709
is over twenty-five years old and is owned solely as a collector's	141710
item and for participation in club activities, exhibitions, tours,	141711
parades, and similar uses, but that in no event is used for	141712
general transportation.	141713

(H) "Noncommercial motor vehicle" means any motor vehicle,	141714
including a farm truck as defined in section 4503.04 of the	141715
Revised Code, that is designed by the manufacturer to carry a load	141716
of no more than one ton and is used exclusively for purposes other	141717
than engaging in business for profit.	141718

(I) "Bus" means any motor vehicle that has motor power and is	141719
designed and used for carrying more than nine passengers, except	141720
any motor vehicle that is designed and used for carrying not more	141721
than fifteen passengers in a ridesharing arrangement.	141722

(J) "Commercial car" or "truck" means any motor vehicle that	141723
has motor power and is designed and used for carrying merchandise	141724
or freight, or that is used as a commercial tractor.	141725

(K) "Bicycle" means every device, other than a device that is	141726
designed solely for use as a play vehicle by a child, that is	141727
propelled solely by human power upon which a person may ride, and	141728
that has two or more wheels, any of which is more than fourteen	141729
inches in diameter.	141730

(L) "Motorized bicycle" or "moped" means any vehicle that	141731
either has two tandem wheels or one wheel in the front and two	141732
wheels in the rear, that may be pedaled, and that is equipped with	141733
a helper motor of not more than fifty cubic centimeters piston	141734
displacement that produces no more than one brake horsepower and	141735
is capable of propelling the vehicle at a speed of no greater than	141736
twenty miles per hour on a level surface.	141737

(M) "Trailer" means any vehicle without motive power that is	141738
designed or used for carrying property or persons wholly on its	141739
own structure and for being drawn by a motor vehicle, and includes	141740
any such vehicle that is formed by or operated as a combination of	141741
a semitrailer and a vehicle of the dolly type such as that	141742
commonly known as a trailer dolly, a vehicle used to transport	141743
agricultural produce or agricultural production materials between	141744
a local place of storage or supply and the farm when drawn or	141745
towed on a public road or highway at a speed greater than	141746
twenty-five miles per hour, and a vehicle that is designed and	141747
used exclusively to transport a boat between a place of storage	141748
and a marina, or in and around a marina, when drawn or towed on a	141749
public road or highway for a distance of more than ten miles or at	141750
a speed of more than twenty-five miles per hour. "Trailer" does	141751
not include a manufactured home or travel trailer.	141752

(N) "Noncommercial trailer" means any trailer, except a	141753
travel trailer or trailer that is used to transport a boat as	141754
described in division (B) of this section, but, where applicable,	141755
includes a vehicle that is used to transport a boat as described	141756
in division (M) of this section, that has a gross weight of no	141757
more than ten thousand pounds, and that is used exclusively for	141758
purposes other than engaging in business for a profit, such as the	141759
transportation of personal items for personal or recreational	141760
purposes.	141761

(O) "Mobile home" means a building unit or assembly of closed	141762
construction that is fabricated in an off-site facility, is more	141763
than thirty-five body feet in length or, when erected on site, is	141764
three hundred twenty or more square feet, is built on a permanent	141765
chassis, is transportable in one or more sections, and does not	141766
qualify as a manufactured home as defined in division (C)(4) of	141767
section 3781.06 of the Revised Code or as an industrialized unit	141768
as defined in division (C)(3) of section 3781.06 of the Revised	141769
Code.	141770

(P) "Semitrailer" means any vehicle of the trailer type that	141771
does not have motive power and is so designed or used with another	141772
and separate motor vehicle that in operation a part of its own	141773
weight or that of its load, or both, rests upon and is carried by	141774
the other vehicle furnishing the motive power for propelling	141775
itself and the vehicle referred to in this division, and includes,	141776
for the purpose only of registration and taxation under those	141777
chapters, any vehicle of the dolly type, such as a trailer dolly,	141778
that is designed or used for the conversion of a semitrailer into	141779
a trailer.	141780

(Q) "Recreational vehicle" means a vehicular portable	141781
structure that meets all of the following conditions:	141782

(1) It is designed for the sole purpose of recreational	141783
travel.	141784

(2) It is not used for the purpose of engaging in business	141785
for profit.	141786

(3) It is not used for the purpose of engaging in intrastate	141787
commerce.	141788

(4) It is not used for the purpose of commerce as defined in	141789
49 C.F.R. 383.5, as amended.	141790

(5) It is not regulated by the public utilities commission	141791
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	141792

(6) It is classed as one of the following:

141793

(a) "Travel trailer" or "house vehicle" means a	141794
nonself-propelled recreational vehicle that does not exceed an	141795
overall length of forty feet, exclusive of bumper and tongue or	141796
coupling. "Travel trailer" includes a tent-type fold-out camping	141797
trailer as defined in section 4517.01 of the Revised Code.	141798

(b) "Motor home" means a self-propelled recreational vehicle	141799
that has no fifth wheel and is constructed with permanently	141800
installed facilities for cold storage, cooking and consuming of	141801
food, and for sleeping.	141802

(c) "Truck camper" means a nonself-propelled recreational	141803
vehicle that does not have wheels for road use and is designed to	141804
be placed upon and attached to a motor vehicle. "Truck camper"	141805
does not include truck covers that consist of walls and a roof,	141806
but do not have floors and facilities enabling them to be used as	141807
a dwelling.	141808

(d) "Fifth wheel trailer" means a vehicle that is of such	141809
size and weight as to be movable without a special highway permit,	141810
that is constructed with a raised forward section that allows a	141811
bi-level floor plan, and that is designed to be towed by a vehicle	141812
equipped with a fifth-wheel hitch ordinarily installed in the bed	141813
of a truck.	141814

(e) "Park trailer" means a vehicle that is commonly known as	141815
a park model recreational vehicle, meets the American national	141816
standard institute standard A119.5 (1988) for park trailers, is	141817
built on a single chassis, has a gross trailer area of four	141818
hundred square feet or less when set up, is designed for seasonal	141819
or temporary living quarters, and may be connected to utilities	141820
necessary for the operation of installed features and appliances.	141821

(R) "Pneumatic tires" means tires of rubber and fabric or	141822
tires of similar material, that are inflated with air.	141823

(S) "Solid tires" means tires of rubber or similar elastic	141824
material that are not dependent upon confined air for support of	141825
the load.	141826

(T) "Solid tire vehicle" means any vehicle that is equipped	141827
with two or more solid tires.	141828

(U) "Farm machinery" means all machines and tools that are	141829
used in the production, harvesting, and care of farm products, and	141830
includes trailers that are used to transport agricultural produce	141831
or agricultural production materials between a local place of	141832
storage or supply and the farm, agricultural tractors, threshing	141833
machinery, hay-baling machinery, corn shellers, hammermills, and	141834
machinery used in the production of horticultural, agricultural,	141835
and vegetable products.	141836

(V) "Owner" includes any person or firm, other than a	141837
manufacturer or dealer, that has title to a motor vehicle, except	141838
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	141839
includes in addition manufacturers and dealers.	141840

(W) "Manufacturer" and "dealer" include all persons and firms	141841
that are regularly engaged in the business of manufacturing,	141842
selling, displaying, offering for sale, or dealing in motor	141843
vehicles, at an established place of business that is used	141844
exclusively for the purpose of manufacturing, selling, displaying,	141845
offering for sale, or dealing in motor vehicles. A place of	141846
business that is used for manufacturing, selling, displaying,	141847
offering for sale, or dealing in motor vehicles shall be deemed to	141848
be used exclusively for those purposes even though snowmobiles or	141849
all-purpose vehicles are sold or displayed for sale thereat, even	141850
though farm machinery is sold or displayed for sale thereat, or	141851
even though repair, accessory, gasoline and oil, storage, parts,	141852
service, or paint departments are maintained thereat, or, in any	141853
county having a population of less than seventy-five thousand at	141854
the last federal census, even though a department in a place of	141855
business is used to dismantle, salvage, or rebuild motor vehicles	141856
by means of used parts, if such departments are operated for the	141857
purpose of furthering and assisting in the business of	141858
manufacturing, selling, displaying, offering for sale, or dealing	141859
in motor vehicles. Places of business or departments in a place of	141860
business used to dismantle, salvage, or rebuild motor vehicles by	141861
means of using used parts are not considered as being maintained	141862
for the purpose of assisting or furthering the manufacturing,	141863
selling, displaying, and offering for sale or dealing in motor	141864
vehicles.	141865

(X) "Operator" includes any person who drives or operates a	141866
motor vehicle upon the public highways.	141867

(Y) "Chauffeur" means any operator who operates a motor	141868
vehicle, other than a taxicab, as an employee for hire; or any	141869
operator whether or not the owner of a motor vehicle, other than a	141870
taxicab, who operates such vehicle for transporting, for gain,	141871
compensation, or profit, either persons or property owned by	141872
another. Any operator of a motor vehicle who is voluntarily	141873
involved in a ridesharing arrangement is not considered an	141874
employee for hire or operating such vehicle for gain,	141875
compensation, or profit.	141876

(Z) "State" includes the territories and federal districts of	141877
the United States, and the provinces of Canada.	141878

(AA) "Public roads and highways" for vehicles includes all	141879
public thoroughfares, bridges, and culverts.	141880

(BB) "Manufacturer's number" means the manufacturer's	141881
original serial number that is affixed to or imprinted upon the	141882
chassis or other part of the motor vehicle.	141883

(CC) "Motor number" means the manufacturer's original number	141884
that is affixed to or imprinted upon the engine or motor of the	141885
vehicle.	141886

(DD) "Distributor" means any person who is authorized by a	141887
motor vehicle manufacturer to distribute new motor vehicles to	141888
licensed motor vehicle dealers at an established place of business	141889
that is used exclusively for the purpose of distributing new motor	141890
vehicles to licensed motor vehicle dealers, except when the	141891
distributor also is a new motor vehicle dealer, in which case the	141892
distributor may distribute at the location of the distributor's	141893
licensed dealership.	141894

(EE) "Ridesharing arrangement" means the transportation of	141895
persons in a motor vehicle where the transportation is incidental	141896
to another purpose of a volunteer driver and includes ridesharing	141897
arrangements known as carpools, vanpools, and buspools.	141898

(FF) "Apportionable vehicle" means any vehicle that is used	141899
or intended for use in two or more international registration plan	141900
member jurisdictions that allocate or proportionally register	141901
vehicles, that is used for the transportation of persons for hire	141902
or designed, used, or maintained primarily for the transportation	141903
of property, and that meets any of the following qualifications:	141904

(1) Is a power unit having a gross vehicle weight in excess	141905
of twenty-six thousand pounds;	141906

(2) Is a power unit having three or more axles, regardless of	141907
the gross vehicle weight;	141908

(3) Is a combination vehicle with a gross vehicle weight in	141909
excess of twenty-six thousand pounds.	141910

"Apportionable vehicle" does not include recreational	141911
vehicles, vehicles displaying restricted plates, city pick-up and	141912
delivery vehicles, buses used for the transportation of chartered	141913
parties, or vehicles owned and operated by the United States, this	141914
state, or any political subdivisions thereof.	141915

(GG) "Chartered party" means a group of persons who contract	141916
as a group to acquire the exclusive use of a passenger-carrying	141917
motor vehicle at a fixed charge for the vehicle in accordance with	141918
the carrier's tariff, lawfully on file with the United States	141919
department of transportation, for the purpose of group travel to a	141920
specified destination or for a particular itinerary, either agreed	141921
upon in advance or modified by the chartered group after having	141922
left the place of origin.	141923

(HH) "International registration plan" means a reciprocal	141924
agreement of member jurisdictions that is endorsed by the American	141925
association of motor vehicle administrators, and that promotes and	141926
encourages the fullest possible use of the highway system by	141927
authorizing apportioned registration of fleets of vehicles and	141928
recognizing registration of vehicles apportioned in member	141929
jurisdictions.	141930

(II) "Restricted plate" means a license plate that has a	141931
restriction of time, geographic area, mileage, or commodity, and	141932
includes license plates issued to farm trucks under division (J)	141933
of section 4503.04 of the Revised Code.	141934

(JJ) "Gross vehicle weight," with regard to any commercial	141935
car, trailer, semitrailer, or bus that is taxed at the rates	141936
established under section 4503.042 or 4503.65 of the Revised Code,	141937
means the unladen weight of the vehicle fully equipped plus the	141938
maximum weight of the load to be carried on the vehicle.	141939

(KK) "Combined gross vehicle weight" with regard to any	141940
combination of a commercial car, trailer, and semitrailer, that is	141941
taxed at the rates established under section 4503.042 or 4503.65	141942
of the Revised Code, means the total unladen weight of the	141943
combination of vehicles fully equipped plus the maximum weight of	141944
the load to be carried on that combination of vehicles.	141945

(LL) "Chauffeured limousine" means a motor vehicle that is	141946
designed to carry nine or fewer passengers and is operated for	141947
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	141948
transportation of passengers on public roads and highways along a	141949
route under the control of the person hiring the vehicle and not	141950
over a defined and regular route. "Prearranged contract" means an	141951
agreement, made in advance of boarding, to provide transportation	141952
from a specific location in a chauffeured limousine ~~at a fixed~~	141953
~~rate per hour or trip~~. "Chauffeured limousine" does not include	141954
any vehicle that is used exclusively in the business of funeral	141955
directing.	141956

(MM) "Manufactured home" has the same meaning as in division	141957
(C)(4) of section 3781.06 of the Revised Code.	141958

(NN) "Acquired situs," with respect to a manufactured home or	141959
a mobile home, means to become located in this state by the	141960
placement of the home on real property, but does not include the	141961
placement of a manufactured home or a mobile home in the inventory	141962
of a new motor vehicle dealer or the inventory of a manufacturer,	141963
remanufacturer, or distributor of manufactured or mobile homes.	141964

(OO) "Electronic" includes electrical, digital, magnetic,	141965
optical, electromagnetic, or any other form of technology that	141966
entails capabilities similar to these technologies.	141967

(PP) "Electronic record" means a record generated,	141968
communicated, received, or stored by electronic means for use in	141969
an information system or for transmission from one information	141970
system to another.	141971

(QQ) "Electronic signature" means a signature in electronic	141972
form attached to or logically associated with an electronic	141973
record.	141974

(RR) "Financial transaction device" has the same meaning as	141975
in division (A) of section 113.40 of the Revised Code.	141976

(SS) "Electronic motor vehicle dealer" means a motor vehicle	141977
dealer licensed under Chapter 4517. of the Revised Code whom the	141978
registrar of motor vehicles determines meets the criteria	141979
designated in section 4503.035 of the Revised Code for electronic	141980
motor vehicle dealers and designates as an electronic motor	141981
vehicle dealer under that section.	141982

(TT) "Electric personal assistive mobility device" means a	141983
self-balancing two non-tandem wheeled device that is designed to	141984
transport only one person, has an electric propulsion system of an	141985
average of seven hundred fifty watts, and when ridden on a paved	141986
level surface by an operator who weighs one hundred seventy pounds	141987
has a maximum speed of less than twenty miles per hour.	141988

(UU) "Limited driving privileges" means the privilege to	141989
operate a motor vehicle that a court grants under section 4510.021	141990
of the Revised Code to a person whose driver's or commercial	141991
driver's license or permit or nonresident operating privilege has	141992
been suspended.	141993

(VV) "Utility vehicle" means a self-propelled vehicle	141994
designed with a bed, principally for the purpose of transporting	141995
material or cargo in connection with construction, agricultural,	141996
forestry, grounds maintenance, lawn and garden, materials	141997
handling, or similar activities.	141998

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	141999
vehicle with an attainable speed in one mile on a paved level	142000
surface of more than twenty miles per hour but not more than	142001
twenty-five miles per hour and with a gross vehicle weight rating	142002
less than three thousand pounds.	142003

(XX) "Under-speed vehicle" means a three- or four-wheeled	142004
vehicle, including a vehicle commonly known as a golf cart, with	142005
an attainable speed on a paved level surface of not more than	142006
twenty miles per hour and with a gross vehicle weight rating less	142007
than three thousand pounds.	142008

(YY) "Motor-driven cycle or motor scooter" means any vehicle	142009
designed to travel on not more than three wheels in contact with	142010
the ground, with a seat for the driver and floor pad for the	142011
driver's feet, and is equipped with a motor with a piston	142012
displacement between fifty and one hundred fifty cubic centimeters	142013
piston displacement that produces not more than five brake	142014
horsepower and is capable of propelling the vehicle at a speed	142015
greater than twenty miles per hour on a level surface.	142016

(ZZ) "Motorcycle" means a motor vehicle with motive power	142017
having a seat or saddle for the use of the operator, designed to	142018
travel on not more than three wheels in contact with the ground,	142019
and having no occupant compartment top or occupant compartment top	142020
that can be installed or removed by the user.	142021

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	142022
motive power having a seat or saddle for the use of the operator,	142023
designed to travel on not more than three wheels in contact with	142024
the ground, and having an occupant compartment top or an occupant	142025
compartment top that can be installed or removed by the user.	142026

(BBB) "Mini-truck" means a vehicle that has four wheels, is	142027
propelled by an electric motor with a rated power of seven	142028
thousand five hundred watts or less or an internal combustion	142029
engine with a piston displacement capacity of six hundred sixty	142030
cubic centimeters or less, has a total dry weight of nine hundred	142031
to two thousand two hundred pounds, contains an enclosed cabin and	142032
a seat for the vehicle operator, resembles a pickup truck or van	142033
with a cargo area or bed located at the rear of the vehicle, and	142034
was not originally manufactured to meet federal motor vehicle	142035
safety standards.	142036

" Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	142037
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	142038
and "highways" have the same meanings as in section 4501.01 of the	142039
Revised Code.	142040

"Driver's license" means a class D license issued to any	142041
person to operate a motor vehicle or motor-driven cycle, other	142042
than a commercial motor vehicle, and includes "probationary	142043
license," "restricted license," and any operator's or chauffeur's	142044
license issued before January 1, 1990.	142045

"Probationary license" means the license issued to any person	142046
between sixteen and eighteen years of age to operate a motor	142047
vehicle.	142048

"Restricted license" means the license issued to any person	142049
to operate a motor vehicle subject to conditions or restrictions	142050
imposed by the registrar of motor vehicles.	142051

"Commercial driver's license" means the license issued to a	142052
person under Chapter 4506. of the Revised Code to operate a	142053
commercial motor vehicle.	142054

"Commercial motor vehicle" has the same meaning as in section	142055
4506.01 of the Revised Code.	142056

"Motorcycle operator's temporary instruction permit, license,	142057
or endorsement" includes a temporary instruction permit, license,	142058
or endorsement for a motor-driven cycle or motor scooter unless	142059
otherwise specified.	142060

"Motorized bicycle license" means the license issued under	142061
section 4511.521 of the Revised Code to any person to operate a	142062
motorized bicycle including a "probationary motorized bicycle	142063
license."	142064

"Probationary motorized bicycle license" means the license	142065
issued under section 4511.521 of the Revised Code to any person	142066
between fourteen and sixteen years of age to operate a motorized	142067
bicycle.	142068

"Identification card" means a card issued under sections	142069
4507.50 and 4507.51 of the Revised Code.	142070

"Resident" means a person who, in accordance with standards	142071
prescribed in rules adopted by the registrar, resides in this	142072
state on a permanent basis.	142073

"Temporary resident" means a person who, in accordance with	142074
standards prescribed in rules adopted by the registrar, resides in	142075
this state on a temporary basis.	142076

(B) In the administration of this chapter and Chapter 4506.	142077
of the Revised Code, the registrar has the same authority as is	142078
conferred on the registrar by section 4501.02 of the Revised Code.	142079
Any act of an authorized deputy registrar of motor vehicles under	142080
direction of the registrar is deemed the act of the registrar.	142081

To carry out this chapter, the registrar shall appoint such	142082
deputy registrars ~~in each county~~ as are necessary.	142083

The registrar also shall provide at each place where an	142084
application for a driver's or commercial driver's license or	142085
identification card may be made the necessary equipment to take a	142086
color photograph of the applicant for such license or card as	142087
required under section 4506.11 or 4507.06 of the Revised Code, and	142088
to conduct the vision screenings required by section 4507.12 of	142089
the Revised Code, and equipment to laminate licenses, motorized	142090
bicycle licenses, and identification cards as required by sections	142091
4507.13, 4507.52, and 4511.521 of the Revised Code.	142092

The registrar shall assign one or more deputy registrars to	142093
any driver's license examining station operated under the	142094
supervision of the director of public safety, whenever the	142095
registrar considers such assignment possible. Space shall be	142096
provided in the driver's license examining station for any such	142097
deputy registrar so assigned. The deputy registrars shall not	142098
exercise the powers conferred by such sections upon the registrar,	142099
unless they are specifically authorized to exercise such powers by	142100
such sections.	142101

(C) No agent for any insurance company, writing automobile	142102
insurance, shall be appointed deputy registrar, and any such	142103
appointment is void. No deputy registrar shall in any manner	142104
solicit any form of automobile insurance, nor in any manner	142105
advise, suggest, or influence any licensee or applicant for	142106
license for or against any kind or type of automobile insurance,	142107
insurance company, or agent, nor have the deputy registrar's	142108
office directly connected with the office of any automobile	142109
insurance agent, nor impart any information furnished by any	142110
applicant for a license or identification card to any person,	142111
except the registrar. This division shall not apply to any	142112
nonprofit corporation appointed deputy registrar.	142113

(D) The registrar shall immediately remove a deputy registrar	142114
who violates the requirements of this chapter.	142115

(E) The registrar shall periodically solicit bids and enter	142116
into a contract for the provision of laminating equipment and	142117
laminating materials to the registrar and all deputy registrars.	142118
The registrar shall not consider any bid that does not provide for	142119
the supplying of both laminating equipment and laminating	142120
materials. The laminating materials selected shall contain a	142121
security feature so that any tampering with the laminating	142122
material covering a license or identification card is readily	142123
apparent. In soliciting bids and entering into a contract for the	142124
provision of laminating equipment and laminating materials, the	142125
registrar shall observe all procedures required by law.	142126

Sec. 4507.06. (A)(1) Every application for a driver's	142127
license, motorcycle operator's license or endorsement, or	142128
motor-driven cycle or motor scooter license or endorsement, or	142129
duplicate of any such license or endorsement, shall be made upon	142130
the approved form furnished by the registrar of motor vehicles and	142131
shall be signed by the applicant.	142132

Every application shall state the following:

142133

(a) The applicant's name, date of birth, social security	142134
number if such has been assigned, sex, general description,	142135
including height, weight, color of hair, and eyes, residence	142136
address, including county of residence, duration of residence in	142137
this state, and country of citizenship;	142138

(b) Whether the applicant previously has been licensed as an	142139
operator, chauffeur, driver, commercial driver, or motorcycle	142140
operator and, if so, when, by what state, and whether such license	142141
is suspended or canceled at the present time and, if so, the date	142142
of and reason for the suspension or cancellation;	142143

(c) Whether the applicant is now or ever has been afflicted	142144
with epilepsy, or whether the applicant now is suffering from any	142145
physical or mental disability or disease and, if so, the nature	142146
and extent of the disability or disease, giving the names and	142147
addresses of physicians then or previously in attendance upon the	142148
applicant;	142149

(d) Whether an applicant for a duplicate driver's license,	142150
duplicate license containing a motorcycle operator endorsement, or	142151
duplicate license containing a motor-driven cycle or motor scooter	142152
endorsement has pending a citation for violation of any motor	142153
vehicle law or ordinance, a description of any such citation	142154
pending, and the date of the citation;	142155

(e) ~~Whether~~If an applicant has not certified the applicant's	142156
willingness to make an anatomical gift under section 2108.05 of	142157
the Revised Code, whether the applicant wishes to certify	142158
willingness to make such an anatomical gift ~~under section 2108.05~~	142159
~~of the Revised Code~~, which shall be given no consideration in the	142160
issuance of a license or endorsement;	142161

(f) Whether the applicant has executed a valid durable power	142162
of attorney for health care pursuant to sections 1337.11 to	142163
1337.17 of the Revised Code or has executed a declaration	142164
governing the use or continuation, or the withholding or	142165
withdrawal, of life-sustaining treatment pursuant to sections	142166
2133.01 to 2133.15 of the Revised Code and, if the applicant has	142167
executed either type of instrument, whether the applicant wishes	142168
the applicant's license to indicate that the applicant has	142169
executed the instrument;	142170

(g) On and after October 7, 2009, whether the applicant is a	142171
veteran, active duty, or reservist of the armed forces of the	142172
United States and, if the applicant is such, whether the applicant	142173
wishes the applicant's license to indicate that the applicant is a	142174
veteran, active duty, or reservist of the armed forces of the	142175
United States by a military designation on the license.	142176

(2) Every applicant for a driver's license shall be	142177
photographed in color at the time the application for the license	142178
is made. The application shall state any additional information	142179
that the registrar requires.	142180

(B) The registrar or a deputy registrar, in accordance with	142181
section 3503.11 of the Revised Code, shall register as an elector	142182
any person who applies for a license or endorsement under division	142183
(A) of this section, or for a renewal or duplicate of the license	142184
or endorsement, if the applicant is eligible and wishes to be	142185
registered as an elector. The decision of an applicant whether to	142186
register as an elector shall be given no consideration in the	142187
decision of whether to issue the applicant a license or	142188
endorsement, or a renewal or duplicate.	142189

(C) The registrar or a deputy registrar, in accordance with	142190
section 3503.11 of the Revised Code, shall offer the opportunity	142191
of completing a notice of change of residence or change of name to	142192
any applicant for a driver's license or endorsement under division	142193
(A) of this section, or for a renewal or duplicate of the license	142194
or endorsement, if the applicant is a registered elector who has	142195
changed the applicant's residence or name and has not filed such a	142196
notice.	142197

(D) In addition to any other information it contains, on and	142198
after October 7, 2009, the approved form furnished by the	142199
registrar of motor vehicles for an application for a license or	142200
endorsement or an application for a duplicate of any such license	142201
or endorsement shall inform applicants that the applicant must	142202
present a copy of the applicant's DD-214 or an equivalent document	142203
in order to qualify to have the license or duplicate indicate that	142204
the applicant is a veteran, active duty, or reservist of the armed	142205
forces of the United States based on a request made pursuant to	142206
division (A)(1)(g) of this section.	142207

Section 110.31. That the existing versions of sections	142208
4501.01, 4507.01, and 4507.06 of the Revised Code that are	142209
scheduled to take effect January 1, 2017, are hereby repealed.	142210

Section 110.32. Sections 110.30 and 110.31 of this act shall	142211
take effect January 1, 2017.	142212

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	142213
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	142214
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	142215
Code are hereby repealed, effective October 16, 2015.	142216

(B) Any money remaining in the Legislative Budget Services	142217
Fund on October 16, 2015, the date that section 5168.12 of the	142218
Revised Code is repealed by division (A) of this section, shall be	142219
used solely for the purposes stated in then former section 5168.12	142220
of the Revised Code. When all money in the Legislative Budget	142221
Services Fund has been spent after then former section 5168.12 of	142222
the Revised Code is repealed under division (A) of this section,	142223
the fund shall cease to exist.	142224

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	142225
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	142226
Code are hereby repealed, effective October 1, 2015.	142227

Section 125.11.03. Section 5124.67 of the Revised Code is	142228
hereby repealed, effective July 1, 2018.	142229

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	142230
153 of the 129th General Assembly is hereby repealed.	142231

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	142232
121st General Assembly, as most recently amended by Am. Sub. H.B.	142233
153 of the 129th General Assembly, is hereby repealed.	142234

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	142235
128th General Assembly, as most recently amended by Am. Sub. H.B.	142236
153 of the 129th General Assembly, is hereby repealed.	142237

Section 125.14. That Section 514.03 of Am. Sub. H.B. 66 of	142238
the 126th General Assembly is hereby repealed.	142239

Section 201.10. Except as otherwise provided in this act,	142240
all appropriation items in this act are appropriated out of any	142241
moneys in the state treasury to the credit of the designated fund	142242
that are not otherwise appropriated. For all appropriations made	142243
in this act, the amounts in the first column are for fiscal year	142244
2014 and the amounts in the second column are for fiscal year	142245
2015.	142246

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

142247

General Services Fund Group	142248

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	142249
4K90	889609	Operating Expenses	$	977,500	$	977,500	142250
TOTAL GSF General Services Fund							142251
Group			$	1,302,500	$	1,302,500	142252
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	142253

Section 205.10. ADJ ADJUTANT GENERAL

142255

General Revenue Fund	142256

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	142257
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	142258
GRF	745407	National Guard Benefits	$	400,000	$	400,000	142259
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	142260
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	142261
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	142262

General Services Fund Group	142263

5340	745612	Property Operations Management	$	534,304	$	534,304	142264
5360	745605	Marksmanship Activities	$	128,600	$	128,600	142265
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	142266
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	142267
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	142268

Federal Special Revenue Fund Group	142269

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	142270
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	142271
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	142272
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	142273
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	142274

State Special Revenue Fund Group	142275

5U80	745613		Community Match Armories		$	350,000		$	350,000		142276
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		142277

TOTAL ALL BUDGET FUND GROUPS

45,495,633

142278

NATIONAL GUARD BENEFITS

142279

The foregoing appropriation item 745407, National Guard	142280
Benefits, shall be used for purposes of sections 5919.31 and	142281
5919.33 of the Revised Code, and for administrative costs of the	142282
associated programs.	142283

If necessary, in order to pay benefits in a timely manner	142284
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	142285
Adjutant General may request the Director of Budget and Management	142286
transfer appropriation from any appropriation item used by the	142287
Adjutant General to appropriation item 745407, National Guard	142288
Benefits. The Adjutant General may subsequently seek Controlling	142289
Board approval to restore the appropriation in the appropriation	142290
item from which such a transfer was made.	142291

For active duty members of the Ohio National Guard who died	142292
after October 7, 2001, while performing active duty, the death	142293
benefit, pursuant to section 5919.33 of the Revised Code, shall be	142294
paid to the beneficiary or beneficiaries designated on the	142295
member's Servicemembers' Group Life Insurance Policy.	142296

STATE ACTIVE DUTY COSTS

142297

Of the foregoing appropriation item 745409, Central	142298
Administration, $50,000 in each fiscal year shall be used for the	142299
purpose of paying expenses related to state active duty of members	142300
of the Ohio organized militia, in accordance with a proclamation	142301
of the Governor. Expenses include, but are not limited to, the	142302
cost of equipment, supplies, and services, as determined by the	142303
Adjutant General's Department.	142304

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

142305

General Revenue Fund	142306

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	142307
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	142308
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	142309
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	142310
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	142311
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	142312
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	142313
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	142314
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	142315
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	142316
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	142317
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	142318
TOTAL GRF General Revenue Fund			$	158,052,951	$	163,247,551	142319

General Services Fund Group	142320

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	142321
1150	100632	Central Service Agency	$	911,580	$	927,699	142322
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	142323
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	142324
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	142325
1250	100657	Benefits Communication	$	712,316	$	712,316	142326
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	142327
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	142328
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	142329
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	142330
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	142331
2100	100612	State Printing	$	20,459,526	$	20,459,526	142332
2290	100630	IT Governance	$	16,446,474	$	16,446,474	142333
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	142334
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	142335
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	142336
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	142337
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	142338
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	142339
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	142340
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	142341
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	142342
5KZ0	100659	Building Improvement	$	500,000	$	500,000	142343
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	142344
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	142345
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	142346
5V60	100619	Employee Educational Development	$	800,000	$	800,000	142347
TOTAL GSF General Services Fund							142348
Group			$	333,614,857	$	320,854,742	142349

Federal Special Revenue Fund Group	142350

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	142351
TOTAL FED Federal Special Revenue							142352
Fund Group			$	1,723,009	$	1,723,009	142353

State Special Revenue Fund Group	142354

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	142355
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	142356
5NM0	100663	911 Program	$	290,000	$	290,000	142357
TOTAL SSR State Special Revenue							142358
Fund Group			$	3,399,257	$	1,360,891	142359
TOTAL ALL BUDGET FUND GROUPS			$	496,790,074	$	487,186,193	142360

Section 207.20. OAKS LEASE RENTAL PAYMENTS

142362

The foregoing appropriation item 100415, OAKS Lease Rental	142363
Payments, shall be used for payments at the times they are	142364
required to be made for the period from July 1, 2013, through June	142365
30, 2015, pursuant to leases and agreements entered into under	142366
Chapter 125. of the Revised Code, as supplemented by Section	142367
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	142368
other prior acts of the General Assembly, with respect to	142369
financing the costs associated with the acquisition, development,	142370
installation, and implementation of the Ohio Administrative	142371
Knowledge System. If it is determined that additional	142372
appropriations are necessary for this purpose, the amounts are	142373
hereby appropriated.	142374

Section 207.30. STARS LEASE RENTAL PAYMENTS

142375

The foregoing appropriation item 100416, STARS Lease Rental	142376
Payments, shall be used for payments at the times they are	142377
required to be made for the period from July 1, 2013, through June	142378
30, 2015, pursuant to leases and agreements entered into under	142379
Chapter 125. of the Revised Code, as supplemented by Section	142380
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	142381
other prior acts of the General Assembly, with respect to	142382
financing the cost for the acquisition, development, installation,	142383
and implementation of the State Taxation Accounting and Revenue	142384
System (STARS). If it is determined that additional appropriations	142385
are necessary for this purpose, the amounts are appropriated.	142386

The State Taxation Accounting and Revenue System (STARS) is	142387
an integrated tax collection and audit system that will replace	142388
all of the state's existing separate tax software and	142389
administration systems for the various taxes collected by the	142390
state. The Department of Administrative Services, in conjunction	142391
with the Department of Taxation, may acquire STARS, including, but	142392
not limited to, the application hardware and software and	142393
installation and implementation thereof, for the use of the	142394
Department of Taxation. Any lease-purchase agreement used under	142395
Chapter 125. of the Revised Code to acquire STARS, including any	142396
fractionalized interests as defined in division (N) of section	142397
133.01 of the Revised Code in the lease payments under that	142398
agreement, shall provide at the end of the lease period that the	142399
financed asset becomes the property of the state. The principal	142400
amount of any new such financing is limited, excluding the	142401
principal amounts of any lease-purchase financing heretofore	142402
completed for STARS, to the amount of $20,000,000.	142403

Section 207.40. MARCS LEASE RENTAL PAYMENTS

142404

The foregoing appropriation item 100414, MARCS Lease Rental	142405
Payments, shall be used for payments at the times they are	142406
required to be made for the period from July 1, 2013, through June	142407
30, 2015, pursuant to leases and agreements entered into under	142408
Chapter 125. of the Revised Code, as supplemented by Section	142409
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	142410
respect to financing the cost for the acquisition, development,	142411
installation, and implementation of the Multi-Agency Radio	142412
Communication System (MARCS) upgrade. If it is determined that	142413
additional appropriations are necessary for this purpose, the	142414
amounts are hereby appropriated.	142415

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	142416
UPGRADE	142417

The Multi-Agency Radio Communications System (MARCS) is a	142418
statewide computer and communications network designed to provide	142419
instant voice and data communication and supply a communications	142420
backbone to public safety and emergency management. The Department	142421
of Administrative Services may update or add functionality to	142422
MARCS to upgrade the existing system to a 700/800 megahertz voice	142423
and data system specifically designed to support interoperable	142424
communications for public safety law enforcement and first	142425
responders. The improvements may include, but are not limited to,	142426
hardware and software and the installation and implementation	142427
thereof. Any lease-purchase agreement utilized under Chapter 125.	142428
of the Revised Code to acquire MARCS and the enhancements	142429
described above, including any fractionalized interest as defined	142430
in division (N) of section 133.01 of the Revised Code in the lease	142431
payments under that agreement, shall provide at the end of the	142432
lease period that the financed asset becomes the property of the	142433
state. The principal amount of any new such financing is limited,	142434
in addition to the principal amounts of lease-purchase financing	142435
heretofore completed for MARCS, to the amount of $27,000,000.	142436

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

142437

The foregoing appropriation item 100447, Administrative	142438
Building Lease Rental Payments, shall be used to meet all payments	142439
at the times they are required to be made during the period from	142440
July 1, 2013, through June 30, 2015, by the Department of	142441
Administrative Services pursuant to leases and agreements under	142442
Chapters 152. and 154. of the Revised Code. These appropriations	142443
are the source of funds pledged for bond service charges on	142444
related obligations issued under Chapters 152. and 154. of the	142445
Revised Code.	142446

The foregoing appropriation item 100448, Office Building	142447
Operating Payments, shall be used to pay the expenses of vacant	142448
space, space undergoing renovation, agencies funded by the General	142449
Revenue Fund, and the rent expenses of tenants that have been	142450
relocated because of building renovations that occupy space in the	142451
James A. Rhodes State Office Tower, the Vern Riffe Center for	142452
Government and the Arts, the Frank J. Lausche State Office	142453
Building, the Michael V. DiSalle Government Center, and the Oliver	142454
R. Ocasek Government Office Building.	142455

At least once per year, the portion of appropriation item	142456
100448, Office Building Operating Payments, that is not used for	142457
expenses of agencies funded by the General Revenue Fund, vacant	142458
space, space undergoing renovation, and the rent expenses of	142459
tenants that are relocated because of building renovations shall	142460
be processed by the Department of Administrative Services through	142461
intrastate voucher and placed in the Building Improvements Fund	142462
(Fund 5KZ0).	142463

Section 207.70. DAS - BUILDING OPERATING PAYMENTS AND	142464
BUILDING MANAGEMENT FUND	142465

The foregoing appropriation item 100449, DAS - Building	142466
Operating Payments, shall be used to pay the rent expenses of	142467
veterans organizations pursuant to section 123.024 of the Revised	142468
Code in fiscal years 2014 and 2015.	142469

The foregoing appropriation item, 100449, DAS - Building	142470
Operating Payments, also may be used to provide funding for the	142471
cost of property appraisals or building studies that the	142472
Department of Administrative Services may be required to obtain	142473
for property that is being sold by the state or property under	142474
consideration to be renovated or purchased by the state.	142475

Notwithstanding section 125.28 of the Revised Code, the	142476
remaining portion of the appropriation may be used to pay the	142477
operating expenses of state facilities maintained by the	142478
Department of Administrative Services that are not billed to	142479
building tenants, or other costs associated with the Voinovich	142480
Center in Youngstown, Ohio. These expenses may include, but are	142481
not limited to, the costs for vacant space and space undergoing	142482
renovation, and the rent expenses of tenants that are relocated	142483
because of building renovations. These payments may be processed	142484
by the Department of Administrative Services through intrastate	142485
transfer vouchers and placed in the Building Management Fund (Fund	142486
1320) or the Information Technology Services Fund (Fund 1330).	142487

Notwithstanding section 125.28 of the Revised Code, the	142488
Department of Administrative Services may forego some or all of	142489
the amounts attributable to debt service included in	142490
reimbursements made by tenants who are supported in whole or in	142491
part by non-GRF money for the costs of occupying space at the	142492
North High Street Complex in Columbus.	142493

The Director of Budget and Management shall transfer the	142494
portion of payments attributed to depreciation from Fund 1320 to	142495
the General Revenue Fund, as applicable.	142496

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	142497
HUMAN RESOURCES SERVICES FUND	142498

Upon request of the Director of Administrative Services,	142499
during the FY 2014 - FY 2015 biennium, the Director of Budget and	142500
Management shall transfer up to $975,000 from the Workforce	142501
Development Fund (Fund 5D70) to the Human Resources Services Fund	142502
(Fund 1250) to support one-time human resources administration	142503
activities for state agencies.	142504

Section 207.80. CENTRAL SERVICE AGENCY FUND

142505

Appropriation item 100632, Central Service Agency, shall be	142506
used to purchase the equipment, products, and services that are	142507
needed to maintain existing automated applications for the	142508
professional licensing boards and the Casino Control Commission to	142509
support board licensing functions in fiscal years 2014 and 2015	142510
until these functions are replaced by the Ohio Professionals	142511
Licensing System. The Department of Administrative Services shall	142512
establish charges for recovering the costs of carrying out these	142513
functions. The charges shall be billed to the professional	142514
licensing boards and the Casino Control Commission, and deposited	142515
via intrastate transfer vouchers to the credit of the Central	142516
Service Agency Fund (Fund 1150).	142517

Upon implementation of the replacement Ohio Professionals	142518
Licensing System and the decommissioning of the existing automated	142519
applications, the Director of Budget and Management may transfer	142520
any cash balances that remain in the Central Service Agency Fund	142521
(Fund 1150) and that are attributable to the operation of the	142522
existing automated applications to the Professions Licensing	142523
System Fund (Fund 5JQ0).	142524

Section 207.90. GENERAL SERVICE CHARGES

142525

The Department of Administrative Services, with the approval	142526
of the Director of Budget and Management, shall establish charges	142527
for recovering the costs of administering the programs funded by	142528
the General Services Fund (Fund 1170) and the State Printing Fund	142529
(Fund 2100). Such charges within Fund 1170 may be used to recover	142530
the cost of paying a vendor to establish reduced pricing for	142531
contracted supplies or services.	142532

If the Director of Administrative Services determines that	142533
additional amounts are necessary to pay for consulting and	142534
administrative costs related to securing lower pricing, the	142535
Director of Administrative Services may request that the Director	142536
of Budget and Management approve additional expenditures. Such	142537
approved additional amounts are appropriated to appropriation item	142538
100644, General Services Division-Operating.	142539

Section 207.93. CASH TRANSFER TO THE INVESTMENT RECOVERY FUND

142540

Notwithstanding division (B) of section 125.14 of the Revised	142541
Code, the Director of Budget and Management, at the request of the	142542
Director of Administrative Services, shall transfer up to $200,000	142543
of cash in excess of needs from the General Services Fund (Fund	142544
1170) to the Investment Recovery Fund (Fund 4270) during the	142545
biennium beginning July 1, 2013, and ending June 30, 2015, to pay	142546
the operating expenses of the State Surplus, Federal Surplus, and	142547
Asset Management Programs, including expenses to develop database	142548
systems for use in these programs.	142549

Section 207.95. TRANSFER OF THE EMPLOYEE ASSISTANCE PROGRAM	142550
TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES	142551

Effective July 1, 2013, the Employee Assistance Program under	142552
section 3701.041 of the Revised Code shall be transferred to the	142553
Ohio Department of Administrative Services. The Department of	142554
Administrative Services is thereupon and thereafter successor to,	142555
assumes the operations, functions, powers, and obligations of, and	142556
otherwise constitutes the continuation of the Employee Assistance	142557
Program as provided in section 3701.041 (124.88) of the Revised	142558
Code. All related functions, equipment, assets, and liabilities,	142559
regardless of form or medium, agreements, and contracts of the	142560
program are transferred to the Department of Administrative	142561
Services.	142562

Employees of the Employee Assistance Program shall be	142563
transferred to the Department of Administrative Services in their	142564
same classification, and shall retain the rights specified in	142565
sections 124.321 to 124.328 of the Revised Code.	142566

On and after the effective date of this section,	142567
notwithstanding any provision of the law to the contrary, if	142568
requested by the Director of Administrative Services, the Director	142569
of Budget and Management shall make the budget changes made	142570
necessary by the transfer, if any, including administrative	142571
reorganization or program transfers.	142572

Effective July 1, 2013, the Director of Budget and Management	142573
shall cancel any existing encumbrances against appropriation item	142574
440633, Employee Assistance Program, and reestablish them against	142575
appropriation item 100622, Human Resources Division - Operating.	142576
The reestablished encumbrance amounts are hereby appropriated. Any	142577
business commenced but not completed under appropriation item	142578
440633, Employee Assistance Program, by July 1, 2013, shall be	142579
completed under appropriation item 100622, Human Resources	142580
Division - Operating, in the same manner, and with the same	142581
effect, as if completed with regard to appropriation item 440633,	142582
Employee Assistance Program. All of the rules, policies, orders,	142583
and determinations associated with the program continue in effect	142584
as rules, orders, and determinations associated with the	142585
Department of Administrative Services until modified or rescinded	142586
by the Director of Administrative Services. If necessary to ensure	142587
the integrity of the Administrative Code rule numbering system,	142588
the Director of the Legislative Service Commission shall renumber	142589
the rules relating to the Employee Assistance Program to reflect	142590
their transfer to the Department of Administrative Services. No	142591
validation, cure, right, privilege, remedy, obligation, or	142592
liability is lost or impaired by reason of the transfer and shall	142593
be administered with regard to appropriation item 100622, Human	142594
Resources Division - Operating. On and after July 1, 2013, if the	142595
Employee Assistance Program is referred to in any statute, rule,	142596
contract, grant, or other document, the reference is deemed to	142597
refer to the Department of Administrative Services.	142598

Funds collected by the Department of Health for the Employee	142599
Assistance Program, which previously were deposited in the	142600
Employee Assistance Fund (Fund 6830), shall be credited to the	142601
Human Resources Services Fund (Fund 1250) created in section	142602
124.07 of the Revised Code. The Director of Budget and Management	142603
shall transfer from the Employee Assistance Fund to the Human	142604
Resources Services Fund any remaining cash balances in the	142605
Employee Assistance Fund. In order to facilitate this transfer,	142606
the Director of Health, on July 1, 2013, or as soon as possible	142607
thereafter, shall certify to the Director of Budget and Management	142608
an estimate of the amount to be transferred. Upon the completion	142609
of this transfer, the Employee Assistance Fund is abolished.	142610

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

142611

With approval of the Director of Budget and Management, the	142612
Department of Administrative Services may seek reimbursement from	142613
state agencies for the actual costs and expenses the Department	142614
incurs in the collective bargaining arbitration process. The	142615
reimbursements shall be processed through intrastate transfer	142616
vouchers and credited to the Collective Bargaining Fund (Fund	142617
1280).	142618

Section 207.110. EQUAL OPPORTUNITY PROGRAM

142619

The Department of Administrative Services, with the approval	142620
of the Director of Budget and Management, shall establish charges	142621
for recovering the costs of administering the activities supported	142622
by the State EEO Fund (Fund 1880). These charges shall be	142623
deposited to the credit of the State EEO Fund (Fund 1880) upon	142624
payment made by state agencies, state-supported or state-assisted	142625
institutions of higher education, and tax-supported agencies,	142626
municipal corporations, and other political subdivisions of the	142627
state, for services rendered.	142628

Section 207.111. STATE PRINTING FUND

142629

On July 1, 2013, or as soon as possible thereafter, the	142630
Director of Budget and Management shall transfer $30,109.39 in	142631
cash from the General Revenue Fund to the State Printing Fund	142632
(Fund 2100) to correct fiscal year 2012 disbursements that were	142633
made from Fund 2100 but that should have been made from the	142634
General Revenue Fund.	142635

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

142636

The foregoing appropriation item 100640, Leveraged Enterprise	142637
Purchases, shall be used by the Department of Administrative	142638
Services to make information technology purchases for the benefit	142639
of one or more government entities as authorized under division	142640
(G) of section 125.18 of the Revised Code. If the Director of	142641
Administrative Services determines that additional amounts are	142642
necessary to pay for pass-through information technology purchases	142643
that will be billed to one or more state agencies, the Director of	142644
Administrative Services shall seek Controlling Board approval for	142645
an increase in appropriation to make the requested purchases.	142646

Section 207.120. INVESTMENT RECOVERY FUND

142647

Notwithstanding division (B) of section 125.14 of the Revised	142648
Code, cash balances in the Investment Recovery Fund (Fund 4270)	142649
may be used to support the operating expenses of the Federal	142650
Surplus Operating Program created in sections 125.84 to 125.90 of	142651
the Revised Code.	142652

The Director of Administrative Services shall use the	142653
foregoing appropriation item 100602, Investment Recovery, to pay	142654
the operating expenses of the State Surplus Property Program and	142655
the Surplus Federal Property Program, under Chapter 125. of the	142656
Revised Code and this section. If additional appropriations are	142657
necessary for the operations of these programs, the Director of	142658
Administrative Services shall seek increased appropriations from	142659
the Controlling Board under section 131.35 of the Revised Code.	142660

The Director of Administrative Services shall transfer	142661
proceeds from the sale of surplus property from the Investment	142662
Recovery Fund to non-General Revenue Funds under division (A)(2)	142663
of section 125.14 of the Revised Code.	142664

Section 207.130. MAJOR IT PURCHASES CHARGES

142665

The Department of Administrative Services may bill agencies	142666
for actual expenditures made for major IT purchases if those	142667
expenditures are not recovered as part of the information	142668
technology services rates the Department charges and deposits into	142669
the Information Technology Fund (Fund 1330) created in section	142670
125.15 of the Revised Code. These charges shall be deposited to	142671
the credit of the Major IT Purchases Fund (Fund 4N60).	142672

Section 207.140. DAS INFORMATION SERVICES

142673

There is hereby established in the State Treasury the DAS	142674
Information Services Fund. The foregoing appropriation item	142675
100603, DAS Information Services, shall be used to pay the costs	142676
of providing information systems and services in the Department of	142677
Administrative Services. Any state agency, board, or commission	142678
may use DAS Information Services by paying for the services	142679
rendered.	142680

The Department of Administrative Services shall establish	142681
user charges for all information systems and services that are	142682
allowable in the statewide indirect cost allocation plan submitted	142683
annually to the United States Department of Health and Human	142684
Services. These charges shall comply with federal regulations and	142685
shall be deposited to the credit of the DAS Information Services	142686
Fund (Fund 4P30).	142687

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	142688
FUND TO GRF	142689

Upon the request of the Director of Administrative Services,	142690
the Director of Budget and Management may transfer unobligated	142691
cash in the MARCS Administration Fund (Fund 5C20) to the General	142692
Revenue Fund to reimburse the General Revenue Fund for lease	142693
rental payments made on behalf of the MARCS upgrade.	142694

Section 207.160. PROFESSIONS LICENSING SYSTEM

142695

There is hereby created in the state treasury the Professions	142696
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	142697
Professionals Licensing System, shall be used to make payments	142698
from the fund. The fund shall be used to purchase the equipment,	142699
products, and services necessary to develop and maintain a	142700
replacement automated licensing system for the professional	142701
licensing boards. The Director of Budget and Management may	142702
transfer up to a total of $990,000 in cash from the Occupational	142703
Licensing and Regulatory Fund (4K90), the State Medical Board	142704
Operating Fund (Fund 5C60), and the Casino Control Commission –	142705
Operating Fund (Fund 5HS0) to the Professions Licensing System	142706
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	142707
be in proportion to the number of current licensees issued by the	142708
professional licensing boards and current and anticipated licenses	142709
in the case of the Casino Control Commission. The purpose of these	142710
cash transfers is to fund the initial acquisition and development	142711
of the system. Any cash balances not expended in fiscal year 2014	142712
are hereby reappropriated in fiscal year 2015.	142713

Effective with the implementation of the replacement	142714
licensing system, the Department of Administrative Services shall	142715
establish charges for recovering the costs of ongoing maintenance	142716
of the system. The charges shall be billed to the professional	142717
licensing boards and the Casino Control Commission, and deposited	142718
via intrastate transfer vouchers to the credit of the Professions	142719
Licensing System Fund.	142720

Section 207.170. BUILDING IMPROVEMENT FUND

142721

The foregoing appropriation item 100659, Building	142722
Improvement, shall be used to make payments from the Building	142723
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	142724
required in the James A. Rhodes State Office Tower, the Vern Riffe	142725
Center for Government and the Arts, the Frank J. Lausche State	142726
Office Building, the Michael V. DiSalle Government Center, and the	142727
Oliver R. Ocasek Government Office. The Department of	142728
Administrative Services shall conduct or contract for regular	142729
assessments of these buildings and shall maintain a cash balance	142730
in the Building Improvement Fund equal to the cost of the repairs	142731
and improvements that are recommended to occur within the next	142732
five years, with the following exception described below.	142733

Upon request of the Director of Administrative Services, the	142734
Director of Budget and Management may permit a cash transfer from	142735
the Building Improvement Fund (Fund 5KZ0) to the Building	142736
Operating Fund (Fund 5LA0) to pay costs of operating and	142737
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	142738
Center for Government and the Arts, the Frank J. Lausche State	142739
Office Building, the Michael V. DiSalle Government Center, and the	142740
Oliver R. Ocasek Government Office that are not charged to tenants	142741
during the same fiscal year.	142742

Should the cash balance in the Building Operating Fund (Fund	142743
5LA0) be determined to be sufficient, the Director of	142744
Administrative Services may request that the Director of Budget	142745
and Management transfer cash from the Building Operating Fund	142746
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	142747
amount equal to the initial cash transfer made under this section	142748
plus applicable interest.	142749

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

142750

The foregoing appropriation item 100610, Professional	142751
Development, shall be used to make payments from the Professional	142752
Development Fund (Fund 5L70) under section 124.182 of the Revised	142753
Code. If it is determined by the Director of Administrative	142754
Services that additional amounts are necessary, the Director of	142755
Administrative Services may request that the Director of Budget	142756
and Management approve additional amounts. Such approved	142757
additional amounts are hereby appropriated.	142758

Section 207.190. BUILDING OPERATING FUND

142759

The foregoing appropriation item 100660, Building Operation,	142760
shall be used to make payments from the Building Operating Fund	142761
(Fund 5LA0) to pay costs of operating and maintaining the James A.	142762
Rhodes State Office Tower, the Vern Riffe Center for Government	142763
and the Arts, the Frank J. Lausche State Office Building, the	142764
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	142765
Government Office.	142766

The Department of Administrative Services, with the approval	142767
of the Director of Budget and Management, shall establish charges	142768
to be reimbursed for the cost of operating these buildings. These	142769
charges shall include the cost of applicable depreciation on the	142770
buildings and the resulting revenue shall be deposited in the	142771
Building Operating Fund (Fund 5LA0). The Director of Budget and	142772
Management shall transfer the portion of these charges attributed	142773
to depreciation from the Building Operating Fund (Fund 5LA0) to	142774
the Building Improvement Fund (Fund 5KZ0) or to the General	142775
Revenue Fund, as applicable.	142776

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

142777

The foregoing appropriation item 100661, IT Development,	142778
shall be used by the Department of Administrative Services to pay	142779
the costs of modernizing the state's information technology	142780
management and investment practices away from a limited,	142781
agency-specific focus in favor of a statewide methodology	142782
supporting development of enterprise solutions.	142783

The Department of Administrative Services, with the approval	142784
of the Director of Budget and Management, may charge state	142785
agencies an information technology development assessment based on	142786
state agencies' information technology expenditures or other	142787
methodology. The revenue from this assessment shall be deposited	142788
in the Information Technology Development Fund (Fund 5LJ0), which	142789
is hereby created.	142790

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

142791

The foregoing appropriation item 100619, Employee Educational	142792
Development, shall be used to make payments from the Employee	142793
Educational Development Fund (Fund 5V60) under section 124.86 of	142794
the Revised Code. The fund shall be used to pay the costs of	142795
administering educational programs under existing collective	142796
bargaining agreements with District 1199, the Health Care and	142797
Social Service Union; State Council of Professional Educators;	142798
Ohio Education Association and National Education Association; the	142799
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	142800
State Troopers Association, Units 1 and 15.	142801

If it is determined by the Director of Administrative	142802
Services that additional amounts are necessary, the Director of	142803
Administrative Services may request that the Director of Budget	142804
and Management approve additional amounts. Such approved	142805
additional amounts are hereby appropriated.	142806

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	142807
FUND	142808

Upon request of the Director of Administrative Services, the	142809
Director of Budget and Management may transfer up to $4,000,000	142810
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	142811
IT Purchases Fund (Fund 4N60). This amount represents cash	142812
transferred from Fund 4N60 during fiscal year 2010 pursuant to	142813
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	142814
Assembly. Any portion of appropriation item 100617, Major IT	142815
Purchases, that is unencumbered and unexpended at the end of	142816
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	142817

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	142818
SERVICE PAYMENTS	142819

The Director of Administrative Services, in consultation with	142820
the Multi-Agency Radio Communication System (MARCS) Steering	142821
Committee and the Director of Budget and Management, shall	142822
determine the share of debt service payments attributable to	142823
spending for MARCS components that are not specific to any one	142824
agency and that shall be charged to agencies supported by the	142825
motor fuel tax. Such share of debt service payments shall be	142826
calculated for MARCS capital disbursements made beginning July 1,	142827
1997. Within thirty days of any payment made from appropriation	142828
item 100447, Administrative Building Lease Payments, the Director	142829
of Administrative Services shall certify to the Director of Budget	142830
and Management the amount of this share. The Director of Budget	142831
and Management shall transfer such amounts to the General Revenue	142832
Fund from the State Highway Safety Fund (Fund 7036) established in	142833
section 4501.06 of the Revised Code.	142834

The Director of Administrative Services shall consider	142835
renting or leasing existing tower sites at reasonable or current	142836
market rates, so long as these existing sites are equipped with	142837
the technical capabilities to support the MARCS project.	142838

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

142839

The Director of Administrative Services shall determine and	142840
implement strategies that benefit the enterprise by improving	142841
efficiency, reducing costs or enhancing capacity of information	142842
technology (IT) services. Such improvements and efficiencies may	142843
result in the consolidation and transfer of such services. As	142844
determined to be necessary for successful implementation of this	142845
section and notwithstanding any provision of law to the contrary,	142846
the Director of Administrative Services may request the Director	142847
of Budget and Management to consolidate or transfer IT-specific	142848
budget authority between agencies as necessary to implement	142849
enterprise IT cost containment strategies and related	142850
efficiencies. Once the Director of Budget and Management is	142851
satisfied that the proposed initiative is cost advantageous to the	142852
enterprise, the Director of Budget and Management may transfer	142853
appropriations, funds and cash as needed to implement the proposed	142854
initiative. The establishment of any new fund or total increased	142855
appropriation as a result of this section will be subject to	142856
approval by the Controlling Board.	142857

The Director of Budget and Management and the Director of	142858
Administrative Services may transfer any employees, assets, and	142859
liabilities, including, but not limited to, records, contracts,	142860
and agreements in order to facilitate the improvements determined	142861
in accordance with this section.	142862

Section 207.250. 911 PROGRAM

142863

The foregoing appropriation item 100663, 911 Program, shall	142864
be used by the Department of Administrative Services to pay the	142865
administrative costs of the Statewide Emergency Services Internet	142866
Protocol Network Steering Committee.	142867

Section 209.10. AGE DEPARTMENT OF AGING

142868

General Revenue Fund	142869

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	142870
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	142871
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	142872
GRF	490414	Alzheimer's Respite	$	1,995,245	$	1,995,245	142873
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	142874
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	142875
TOTAL GRF General Revenue Fund			$	14,647,425	$	14,647,425	142876

General Services Fund Group	142877

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	142878
TOTAL GSF General Services Fund							142879
Group			$	372,523	$	372,523	142880

Federal Special Revenue Fund Group	142881

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	142882
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	142883
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	142884
TOTAL FED Federal Special Revenue							142885
Fund Group			$	74,040,137	$	74,040,137	142886

State Special Revenue Fund Group	142887

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	142888
5BA0	490620	Ombudsman Support	$	1,250,000	$	1,250,000	142889
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	142890
5MT0	490627	Board of Executives of LTSS	$	600,000	$	600,000	142891
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	142892
TOTAL SSR State Special Revenue							142893
Fund Group			$	4,189,100	$	4,189,100	142894
TOTAL ALL BUDGET FUND GROUPS			$	93,249,185	$	93,249,185	142895

Section 209.20. LONG-TERM CARE

142897

Pursuant to an interagency agreement, the Department of	142898
Medicaid may designate the Department of Aging to perform	142899
assessments under section 5165.04 of the Revised Code. The	142900
Department of Aging shall provide long-term care consultations	142901
under section 173.42 of the Revised Code to assist individuals in	142902
planning for their long-term health care needs.	142903

The Department of Aging shall administer the Medicaid	142904
waiver-funded PASSPORT Home Care Program, the Choices Program, the	142905
Assisted Living Program, and PACE as delegated by the Department	142906
of Medicaid in an interagency agreement. The foregoing	142907
appropriation items 656423, Long-Term Care Program Support -	142908
State, and 656623, Long-Term Care Program Support - Federal, may	142909
be used to support the Department of Aging's administrative costs	142910
associated with operating the PASSPORT, Choices, Assisted Living,	142911
and PACE programs.	142912

PERFORMANCE-BASED REIMBURSEMENT

142913

The Department of Aging may design and utilize a payment	142914
method for PASSPORT administrative agency operations that includes	142915
a pay-for-performance incentive component that is earned by a	142916
PASSPORT administrative agency when defined consumer and policy	142917
outcomes are achieved.	142918

Section 209.30. LONG-TERM CARE OMBUDSMAN

142919

The foregoing appropriation item 490410, Long-Term Care	142920
Ombudsman, shall be used to fund ombudsman program activities as	142921
authorized in sections 173.14 to 173.27 and section 173.99 of the	142922
Revised Code.	142923

The State Ombudsman may explore the design of a payment	142924
method for the Ombudsman Program that includes a	142925
pay-for-performance incentive component that is earned by	142926
designated regional long-term care ombudsman programs.	142927

SENIOR COMMUNITY SERVICES

142928

The foregoing appropriation item 490411, Senior Community	142929
Services, shall be used for services designated by the Department	142930
of Aging, including, but not limited to, home-delivered and	142931
congregate meals, transportation services, personal care services,	142932
respite services, adult day services, home repair, care	142933
coordination, prevention and disease self-management, and decision	142934
support systems. Service priority shall be given to low income,	142935
frail, and cognitively impaired persons 60 years of age and over.	142936
The department shall promote cost sharing by service recipients	142937
for those services funded with senior community services funds,	142938
including, when possible, sliding-fee scale payment systems based	142939
on the income of service recipients.	142940

ALZHEIMER'S RESPITE

142941

The foregoing appropriation item 490414, Alzheimer's Respite,	142942
shall be used to fund only Alzheimer's disease services under	142943
section 173.04 of the Revised Code.	142944

NATIONAL SENIOR SERVICE CORPS

142945

The foregoing appropriation item 490506, National Senior	142946
Service Corps, shall be used by the Department of Aging to fund	142947
grants for three Corporation for National and Community	142948
Service/Senior Corps programs: the Foster Grandparents Program,	142949
the Senior Companion Program, and the Retired Senior Volunteer	142950
Program. A recipient of these grant funds shall use the funds to	142951
support priorities established by the Department and the Ohio	142952
State Office of the Corporation for National and Community	142953
Service. The expenditure of these funds by any grant recipient	142954
shall be in accordance with Senior Corps policies and procedures,	142955
as stated in the Domestic Volunteer Service Act of 1973, as	142956
amended. Neither the Department nor any area agencies on aging	142957
that are involved in the distribution of these funds to	142958
lower-tiered grant recipients may use any portion of these funds	142959
to cover administrative costs.	142960

SENIOR COMMUNITY OUTREACH AND EDUCATION

142961

The foregoing appropriation item 490606, Senior Community	142962
Outreach and Education, may be used to provide training to workers	142963
in the field of aging pursuant to division (G) of section 173.02	142964
of the Revised Code.	142965

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	142966
AND FEDERAL AGING GRANTS	142967

At the request of the Director of Aging, the Director of	142968
Budget and Management may transfer appropriation between	142969
appropriation items 490612, Federal Independence Services, and	142970
490618, Federal Aging Grants. The amounts transferred shall not	142971
exceed 30 per cent of the appropriation from which the transfer is	142972
made. Any transfers shall be reported by the Department of Aging	142973
to the Controlling Board at the next scheduled meeting of the	142974
board.	142975

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

142976

The foregoing appropriation item 490609, Regional Long-Term	142977
Care Ombudsman Program, shall be used to pay the costs of	142978
operating the regional long-term care ombudsman programs	142979
designated by the State Long-Term Care Ombudsman.	142980

TRANSFER OF RESIDENT PROTECTION FUNDS

142981

In each fiscal year, the Director of Budget and Management	142982
may transfer up to $1,250,000 cash from the Resident Protection	142983
Fund (Fund 4E30), which is used by the Department of Medicaid, to	142984
the Ombudsman Support Fund (Fund 5BA0), which is used by the	142985
Department of Aging.	142986

The Director of Aging and the Office of the State Long-Term	142987
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	142988
5BA0) to implement a nursing home quality initiative as specified	142989
in section 173.60 of the Revised Code.	142990

LONG-TERM CARE CONSUMERS GUIDE

142991

The foregoing appropriation item 490613, Long-Term Care	142992
Consumers Guide, shall be used to conduct annual consumer	142993
satisfaction surveys and to pay for other administrative expenses	142994
related to the publication of the Ohio Long-Term Care Consumer	142995
Guide.	142996

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	142997
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	142998

On July 1, 2013, or as soon as possible thereafter, the	142999
Director of Health shall certify to the Director of Budget and	143000
Management the cash balance relating to the Board of Examiners of	143001
Nursing Home Administrators in the General Operations Fund (Fund	143002
4700), used by the Department of Health. Upon receiving this	143003
certification, the Director of Budget and Management may transfer	143004
this cash from the General Operations Fund (Fund 4700) to the	143005
Board of Executives of Long-Term Services and Supports Fund (Fund	143006
5MT0), used by the Department of Aging. If this transfer occurs,	143007
the Director of Budget and Management shall cancel any existing	143008
encumbrances pertaining to the Board of Examiners of Nursing Home	143009
Administrators against appropriation item 440647, Fee Supported	143010
Programs, and re-establish them against appropriation item 490627,	143011
Board of Executives of LTSS. The re-established encumbrance	143012
amounts are hereby appropriated.	143013

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	143014
STRUCTURE	143015

Upon request from the Director of Aging, the Director of	143016
Budget and Management may establish new funds, new appropriation	143017
items, and appropriations in order to support the transition to a	143018
new appropriation item structure in the Department of Aging's	143019
budget. Also, upon request of the Director of Aging, the Director	143020
of Budget and Management may transfer appropriations between GRF	143021
appropriation items, transfer cash between any funds used by the	143022
Department of Aging, abolish existing funds used by the Department	143023
of Aging, and cancel and reestablish encumbrances. Any	143024
establishment of new funds or appropriation items, any transfers	143025
of appropriations or cash, and any increases in appropriation	143026
under this section are subject to Controlling Board approval.	143027

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

143028

As used in this section, "authorizing statute" means a	143029
Revised Code section or provision of a Revised Code section that	143030
is cited in the Ohio Administrative Code as the statute that	143031
authorizes the adoption of a rule.	143032

The Director of Aging is not required to amend any rule for	143033
the sole purpose of updating the citation in the Ohio	143034
Administrative Code to the rule's authorizing statute to reflect	143035
that this act renumbers the authorizing statute or relocates it to	143036
another Revised Code section. Such citations shall be updated as	143037
the Director amends the rules for other purposes.	143038

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

143039

General Revenue Fund	143040

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	143041
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	143042
GRF	700404	Ohio Proud	$	50,000	$	50,000	143043
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	143044
GRF	700407	Food Safety	$	848,792	$	848,792	143045
GRF	700409	Farmland Preservation	$	72,750	$	72,750	143046
GRF	700412	Weights and Measures	$	600,000	$	600,000	143047
GRF	700415	Poultry Inspection	$	542,978	$	542,978	143048
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	143049
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	143050
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	143051
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	143052
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	143053
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	143054
TOTAL GRF General Revenue Fund			$	15,404,231	$	15,204,231	143055

General Services Fund Group	143056

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	143057
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	143058
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	143059

Federal Special Revenue Fund Group	143060

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	143061
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	143062
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	143063
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	143064
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	143065
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	143066
TOTAL FED Federal Special Revenue							143067
Fund Group			$	12,806,000	$	12,806,000	143068

State Special Revenue Fund Group	143069

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	143070
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	143071
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	143072
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	143073
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	143074
4D20	700609	Auction Education	$	35,000	$	35,000	143075
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	143076
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	143077
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	143078
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	143079
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	143080
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	143081
5880	700633	Brand Registration	$	5,000	$	5,000	143082
5B80	700629	Auctioneers	$	340,000	$	340,000	143083
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	143084
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	143085
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	143086
5L80	700604	Livestock Management Program	$	145,000	$	145,000	143087
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	143088
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	143089
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	143090
TOTAL SSR State Special Revenue							143091
Fund Group			$	18,523,313	$	18,518,313	143092

Clean Ohio Conservation Fund Group	143093

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		143094
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		143095

TOTAL ALL BUDGET FUND GROUPS

52,526,557

52,357,617

143096

DANGEROUS AND RESTRICTED WILD ANIMALS

143097

The foregoing GRF appropriation item 700426, Dangerous and	143098
Restricted Animals, shall be used to administer the Dangerous and	143099
Restricted Wild Animal Permitting Program.	143100

COUNTY AGRICULTURAL SOCIETIES

143101

The foregoing appropriation item 700501, County Agricultural	143102
Societies, shall be used to reimburse county and independent	143103
agricultural societies for expenses related to Junior Fair	143104
activities.	143105

CLEAN OHIO AGRICULTURAL EASEMENT

143106

The foregoing appropriation item 700632, Clean Ohio	143107
Agricultural Easement, shall be used by the Department of	143108
Agriculture in administering Ohio Agricultural Easement Fund (Fund	143109
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	143110
5301.70 of the Revised Code.	143111

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

143112

General Services Fund Group	143113

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		143114
TOTAL GSF General Services Fund					$	240,681		$	240,681		143115

State Special Revenue Fund Group	143116

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	143117
5700	898601	Operating Expenses	$	323,980	$	323,980	143118
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	143119
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	143120
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	143121

Section 213.20. ENERGY STRATEGY DEVELOPMENT

143123

The Energy Strategy Development Program shall develop energy	143124
initiatives, projects, and policy that align with the energy	143125
policy for the state. Issues addressed by such initiatives,	143126
projects, and policy shall not be limited to those governed by	143127
Chapter 3706. of the Revised Code. The Ohio Air Quality	143128
Development Authority shall be responsible for the monitoring of	143129
the program.	143130

There is hereby created in the state treasury the Energy	143131
Strategy Development Fund (Fund 5EG0). The fund shall consist of	143132
money credited to it and money obtained for advanced energy	143133
projects from federal or private grants, loans, or other sources.	143134
Money in the fund shall be used to carry out the purposes of the	143135
program. Interest earned on the money in the fund shall be	143136
credited to the General Revenue Fund.	143137

On July 1 of each fiscal year, or as soon as possible	143138
thereafter, the Director of Budget and Management may transfer	143139
cash from the funds specified below, up to the amounts specified	143140
below, to the Energy Strategy Development Fund. Fund 5EG0 may	143141
accept contributions and transfers made to the fund. On July 1,	143142
2015, or as soon as possible thereafter, the Director shall	143143
transfer to the General Revenue Fund all cash credited to Fund	143144
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	143145

Fund	Fund Name	User	FY 2014	FY 2015	143146
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	143147
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	143148
1350	Supportive Services	Development Services Agency	$27,405	$27,439	143149
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	143150
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	143151
7002	Highway Operating	Department of Transportation	$39,150	$39,199	143152

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	143153
AUTHORITY TRUST ACCOUNT	143154

Notwithstanding any other provision of law to the contrary,	143155
the Air Quality Development Authority may reimburse the Air	143156
Quality Development Authority trust account established under	143157
section 3706.10 of the Revised Code from all operating funds of	143158
the agency for expenses pertaining to the administration and	143159
shared costs incurred by the Air Quality Development Authority in	143160
the execution of responsibilities as prescribed in Chapter 3706.	143161
of the Revised Code. Reimbursement shall be made by voucher and	143162
completed in accordance with the administrative indirect costs	143163
allocation plan approved by the Office of Budget and Management.	143164

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

143165

General Services Fund Group	143166

4K90	891609	Operating	$	481,379	$	485,954	143167
TOTAL GSF General Services Fund							143168
Group			$	481,379	$	485,954	143169
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	143170

Section 217.10. ART OHIO ARTS COUNCIL

143172

General Revenue Fund	143173

GRF	370321	Operating Expenses	$	1,649,204	$	1,649,204	143174
GRF	370502	State Program Subsidies	$	9,675,000	$	9,675,000	143175
TOTAL GRF General Revenue Fund			$	11,324,204	$	11,324,204	143176

General Services Fund Group	143177

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	143178
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	143179
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	143180

Federal Special Revenue Fund Group	143181

3140	370601	Federal Support	$	1,000,000	$	1,000,000	143182
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	143183
TOTAL ALL BUDGET FUND GROUPS			$	12,818,204	$	12,818,204	143184

OPERATING EXPENSES

143185

Of the foregoing appropriation item 370321, Operating	143186
Expenses, up to $50,000 shall be used in each fiscal year for	143187
technology upgrades and improvements.	143188

FEDERAL SUPPORT

143189

Notwithstanding any provision of law to the contrary, the	143190
foregoing appropriation item 370601, Federal Support, shall be	143191
used by the Ohio Arts Council for subsidies only, and not for its	143192
administrative costs, unless the Council is required to use a	143193
portion of the funds for administrative costs under conditions of	143194
the federal grant.	143195

Section 219.10. ATH ATHLETIC COMMISSION

143196

General Services Fund Group	143197

4K90	175609	Operating Expenses	$	312,000	$	320,000	143198
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	143199
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	143200

Section 221.10. AGO ATTORNEY GENERAL

143202

General Revenue Fund	143203

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	143204
GRF	055405	Law-Related Education	$	100,000	$	100,000	143205
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	143206
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	143207
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	143208
TOTAL GRF General Revenue Fund			$	45,703,589	$	45,703,589	143209

General Services Fund Group	143210

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	143211
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	143212
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	143213
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	143214
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	143215
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	143216
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	143217
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	143218
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	143219
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	143220
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	143221
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	143222
TOTAL GSF General Services Fund							143223
Group			$	86,700,872	$	87,642,655	143224

Federal Special Revenue Fund Group	143225

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	143226
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	143227
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	143228
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	143229
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	143230
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	143231
TOTAL FED Federal Special Revenue							143232
Fund Group			$	28,212,406	$	28,263,728	143233

State Special Revenue Fund Group	143234

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	143235
4190	055623	Claims Section	$	55,920,716	$	56,937,131	143236
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	143237
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	143238
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	143239
TOTAL SSR State Special Revenue							143240
Fund Group			$	76,867,116	$	77,790,839	143241

Holding Account Redistribution Fund Group	143242

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	143243
R005	055632	Antitrust Settlements	$	1,000	$	1,000	143244
R018	055630	Consumer Frauds	$	750,000	$	750,000	143245
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	143246
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	143247
TOTAL 090 Holding Account							143248
Redistribution Fund Group			$	6,276,025	$	6,276,025	143249

Tobacco Master Settlement Agreement Fund Group	143250

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	143251
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	143252
TOTAL ALL BUDGET FUND GROUPS			$	244,260,008	$	246,176,836	143253

COUNTY SHERIFFS' PAY SUPPLEMENT

143254

The foregoing appropriation item 055411, County Sheriffs' Pay	143255
Supplement, shall be used for the purpose of supplementing the	143256
annual compensation of county sheriffs as required by section	143257
325.06 of the Revised Code.	143258

At the request of the Attorney General, the Director of	143259
Budget and Management may transfer appropriation from	143260
appropriation item 055321, Operating Expenses, to appropriation	143261
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	143262
transferred shall be used to supplement the annual compensation of	143263
county sheriffs as required by section 325.06 of the Revised Code.	143264

COUNTY PROSECUTORS' PAY SUPPLEMENT

143265

The foregoing appropriation item 055415, County Prosecutors'	143266
Pay Supplement, shall be used for the purpose of supplementing the	143267
annual compensation of certain county prosecutors as required by	143268
section 325.111 of the Revised Code.	143269

At the request of the Attorney General, the Director of	143270
Budget and Management may transfer appropriation from	143271
appropriation item 055321, Operating Expenses, to appropriation	143272
item 055415, County Prosecutors' Pay Supplement. Any appropriation	143273
so transferred shall be used to supplement the annual compensation	143274
of county prosecutors as required by section 325.111 of the	143275
Revised Code.	143276

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	143277
REIMBURSEMENT FUND	143278

Notwithstanding any other provision of law to the contrary,	143279
on July 1, 2013, or as soon as possible thereafter, the Director	143280
of Budget and Management shall transfer $80,000 cash from the	143281
General Revenue Fund to the General Reimbursement Fund (Fund	143282
1060).	143283

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

143284

Of the foregoing appropriation item 055612, General	143285
Reimbursement, $600,000 in fiscal year 2015 shall be used to	143286
create the Ohio BCI Forensic Research and Professional Training	143287
Center at Bowling Green State University. The purpose of the	143288
Center shall be to foster forensic science research techniques	143289
(BCI Eminent Scholar) and to create professional training	143290
opportunities to students (BCI Scholars) in the forensic science	143291
fields.	143292

WORKERS' COMPENSATION SECTION

143293

The Workers' Compensation Fund (Fund 1950) is entitled to	143294
receive payments from the Bureau of Workers' Compensation and the	143295
Ohio Industrial Commission at the beginning of each quarter of	143296
each fiscal year to fund legal services to be provided to the	143297
Bureau of Workers' Compensation and the Ohio Industrial Commission	143298
during the ensuing quarter. The advance payment shall be subject	143299
to adjustment.	143300

In addition, the Bureau of Workers' Compensation shall	143301
transfer payments at the beginning of each quarter for the support	143302
of the Workers' Compensation Fraud Unit.	143303

All amounts shall be mutually agreed upon by the Attorney	143304
General, the Bureau of Workers' Compensation, and the Ohio	143305
Industrial Commission.	143306

ATTORNEY GENERAL PASS-THROUGH FUNDS

143307

The foregoing appropriation item 055638, Attorney General	143308
Pass-Through Funds, shall be used to receive federal grant funds	143309
provided to the Attorney General by other state agencies,	143310
including, but not limited to, the Department of Youth Services	143311
and the Department of Public Safety.	143312

GENERAL HOLDING ACCOUNT

143313

The foregoing appropriation item 055631, General Holding	143314
Account, shall be used to distribute moneys under the terms of	143315
relevant court orders or other settlements received in a variety	143316
of cases involving the Office of the Attorney General. If it is	143317
determined that additional amounts are necessary for this purpose,	143318
the amounts are hereby appropriated.	143319

ANTITRUST SETTLEMENTS

143320

The foregoing appropriation item 055632, Antitrust	143321
Settlements, shall be used to distribute moneys under the terms of	143322
relevant court orders or other out of court settlements in	143323
antitrust cases or antitrust matters involving the Office of the	143324
Attorney General. If it is determined that additional amounts are	143325
necessary for this purpose, the amounts are hereby appropriated.	143326

CONSUMER FRAUDS

143327

The foregoing appropriation item 055630, Consumer Frauds,	143328
shall be used for distribution of moneys from court-ordered	143329
judgments against sellers in actions brought by the Office of	143330
Attorney General under sections 1334.08 and 4549.48 and division	143331
(B) of section 1345.07 of the Revised Code. These moneys shall be	143332
used to provide restitution to consumers victimized by the fraud	143333
that generated the court-ordered judgments. If it is determined	143334
that additional amounts are necessary for this purpose, the	143335
amounts are hereby appropriated.	143336

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

143337

The foregoing appropriation item 055601, Organized Crime	143338
Commission Distributions, shall be used by the Organized Crime	143339
Investigations Commission, as provided by section 177.011 of the	143340
Revised Code, to reimburse political subdivisions for the expenses	143341
the political subdivisions incur when their law enforcement	143342
officers participate in an organized crime task force. If it is	143343
determined that additional amounts are necessary for this purpose,	143344
the amounts are hereby appropriated.	143345

COLLECTION PAYMENT REDISTRIBUTION

143346

The foregoing appropriation item 055650, Collection Payment	143347
Redistribution, shall be used for the purpose of allocating the	143348
revenue where debtors mistakenly paid the client agencies instead	143349
of the Attorney General's Collections Enforcement Section. If it	143350
is determined that additional amounts are necessary for this	143351
purpose, the amounts are hereby appropriated.	143352

Section 223.10. AUD AUDITOR OF STATE

143353

General Revenue Fund	143354

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	143355
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	143356
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	143357

Auditor of State Fund Group	143358

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	143359
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	143360
5840	070603	Training Program	$	181,730	$	181,250	143361
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	143362
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	143363
TOTAL AUD Auditor of State Fund							143364
Group			$	44,196,066	$	44,219,012	143365
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	143366

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

143367

The foregoing appropriation item 070403, Fiscal	143368
Watch/Emergency Technical Assistance, shall be used for expenses	143369
incurred by the Office of the Auditor of State in its role	143370
relating to fiscal watch or fiscal emergency activities under	143371
Chapters 118. and 3316. of the Revised Code. Expenses include, but	143372
are not limited to, the following: duties related to the	143373
determination or termination of fiscal watch or fiscal emergency	143374
of municipal corporations, counties, townships, or school	143375
districts; development of preliminary accounting reports;	143376
performance of annual forecasts; provision of performance audits;	143377
and supervisory, accounting, or auditing services for the	143378
municipal corporations, counties, townships, or school districts.	143379

Section 225.10. BRB BOARD OF BARBER EXAMINERS

143380

General Services Fund Group	143381

4K90	877609	Operating Expenses	$	670,882	$	674,272	143382
TOTAL GSF General Services Fund							143383
Group			$	670,882	$	674,272	143384
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	143385

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

143387

General Revenue Fund	143388

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	143389
GRF	042409	Commission Closures	$	304,000	$	155,000	143390
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	143391
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	143392
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	143393

General Services Fund Group	143394

1050	042603	Financial Management	$	14,060,275	$	14,451,086	143395
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	143396
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	143397

Federal Special Revenue Fund Group	143398

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		143399
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		143400

Agency Fund Group	143401

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	143402
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	143403
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	143404

COMMISSION CLOSURES

143405

The foregoing appropriation item 042409, Commission Closures,	143406
may be used to pay obligations associated with the closure of any	143407
state agency, whether in the executive, legislative, or judicial	143408
branch of government. Notwithstanding any provision of law to the	143409
contrary, this appropriation item may also be used to pay final	143410
payroll expenses occurring after the closure of any state agency,	143411
whether in the executive, legislative, or judicial branch of	143412
government in the event that appropriations or cash in the closing	143413
agency are insufficient to do so.	143414

The Director of Budget and Management may request Controlling	143415
Board approval for funds to be transferred to appropriation item	143416
042409, Commission Closures, from appropriation item 911614, CB	143417
Emergency Purposes, for anticipated expenses associated with	143418
agency closures.	143419

AUDIT COSTS AND DUES

143420

All centralized audit costs associated with either Single	143421
Audit Schedules or financial statements prepared in conformance	143422
with generally accepted accounting principles for the state shall	143423
be paid from the foregoing appropriation item 042603, Financial	143424
Management.	143425

Costs associated with the audit of the Auditor of State and	143426
national association dues shall be paid from the foregoing	143427
appropriation item 042321, Budget Development and Implementation.	143428

SHARED SERVICES CENTER

143429

The foregoing appropriation items 042425, Shared Services	143430
Development, and 042620, Shared Services Operating, shall be used	143431
by the Director of Budget and Management to support a Shared	143432
Services Center within the Office of Budget and Management for the	143433
purpose of consolidating statewide business functions and common	143434
transactional processes.	143435

The Director of Budget and Management shall include the	143436
recovery of costs to operate the Shared Services Center in the	143437
accounting and budgeting services payroll rate and through a	143438
direct charges using intrastate transfer vouchers to agencies for	143439
services rendered. The Director of Budget and Management shall	143440
determine the cost recovery methodology. Such cost recovery	143441
revenues shall be deposited to the credit of Fund 1050.	143442

INTERNAL AUDIT

143443

The Director of Budget and Management shall include the	143444
recovery of costs to operate the Internal Audit Program in the	143445
accounting and budgeting services payroll rate and through a	143446
direct charge using intrastate transfer vouchers to agencies	143447
reviewed by the program. The Director of Budget and Management,	143448
with advice from the Internal Audit Advisory Council, shall	143449
determine the cost recovery methodology. Such cost recovery	143450
revenues shall be deposited to the credit of the Accounting and	143451
Budgeting Fund (Fund 1050).	143452

FORGERY RECOVERY

143453

The foregoing appropriation item 042604, Forgery Recovery,	143454
shall be used to reissue warrants that have been certified as	143455
forgeries by the rightful recipient as determined by the Bureau of	143456
Criminal Identification and Investigation and the Treasurer of	143457
State. Upon receipt of funds to cover the reissuance of the	143458
warrant, the Director of Budget and Management shall reissue a	143459
state warrant of the same amount. Any additional amounts needed to	143460
reissue warrants backed by the receipt of funds are hereby	143461
appropriated.	143462

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

143463

On or before December 31, 2013, the Director of Budget and	143464
Management shall transfer the cash balances of the OAKS Project	143465
Implementation Fund (Fund 5N40) and the Office of Health	143466
Transformation Administration Fund (Fund 5Z80) to the General	143467
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	143468
5Z80 are abolished.	143469

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

143470

General Revenue Fund	143471

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	143472
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	143473
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	143474

General Services Fund Group	143475

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	143476
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	143477
TOTAL GSF General Services							143478
Fund Group			$	635,291	$	635,291	143479

Underground Parking Garage	143480

2080	874601	Underground Parking Garage Operations	$	3,049,740	$	2,996,740	143481
TOTAL UPG Underground Parking							143482
Garage			$	3,049,740	$	2,996,740	143483
TOTAL ALL BUDGET FUND GROUPS			$	7,263,596	$	7,210,596	143484

WAREHOUSE PAYMENTS

143485

Of the foregoing appropriation item 874601, Underground	143486
Parking Garage Operations, $48,000 in each fiscal year shall be	143487
used to meet all payments at the times they are required to be	143488
made during the period from July 1, 2013, through June 30, 2015,	143489
to the Department of Administrative Services for bond service	143490
charges relating to the purchase and improvement of a warehouse	143491
acquired pursuant to section 105.41 of the Revised Code, in which	143492
to store items of the Capitol Collection Trust and, whenever	143493
necessary, equipment or other property of the Board.	143494

UNDERGROUND PARKING GARAGE FUND

143495

Notwithstanding division (G) of section 105.41 of the Revised	143496
Code and any other provision to the contrary, moneys in the	143497
Underground Parking Garage Fund (Fund 2080) may be used for	143498
personnel and operating costs related to the operations of the	143499
Statehouse and the Statehouse Underground Parking Garage.	143500

Of the foregoing appropriation item 874601, Underground	143501
Parking Garage Operations, up to $10,000 in fiscal year 2014 shall	143502
be used to support the 1st Ohio Light Artillery Battery A for the	143503
150th Anniversary Reenactment of the Battle of Gettysburg, and up	143504
to $15,000 in fiscal year 2015 shall be used for preparations in	143505
anticipation of the Lincoln Funeral Procession Train.	143506

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	143507
SCHOOLS	143508

General Services Fund Group	143509

4K90	233601	Operating Expenses	$	579,328	$	579,328	143510
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	143511
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	143512

Section 233.10. CAC CASINO CONTROL COMMISSION

143514

State Special Revenue Fund Group	143515

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	143516
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	143517
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	143518

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

143520

General Services Fund Group	143521

4K90	930609	Operating Expenses	$	476,642	$	469,349	143522
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	143523
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	143524

Section 237.10. CHR STATE CHIROPRACTIC BOARD

143526

General Services Fund Group	143527

4K90	878609	Operating Expenses	$	617,829	$	630,775	143528
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	143529
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	143530

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

143532

General Revenue Fund	143533

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		143534
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		143535

General Services Fund Group	143536

2170	876604	Operations Support	$	4,000	$	4,000	143537
TOTAL GSF General Services							143538
Fund Group			$	4,000	$	4,000	143539

Federal Special Revenue Fund Group	143540

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	143541
TOTAL FED Federal Special Revenue							143542
Fund Group			$	2,820,670	$	2,947,983	143543

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

143544

Section 241.10. COM DEPARTMENT OF COMMERCE

143546

General Services Fund Group	143547

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	143548
1630	800637	Information Technology	$	6,011,977	$	6,011,977	143549
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	143550
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	143551
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	143552
TOTAL GSF General Services Fund							143553
Group			$	84,249,523	$	84,249,523	143554

Federal Special Revenue Fund Group	143555

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	143556
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	143557
TOTAL FED Federal Special Revenue							143558
Fund Group			$	2,685,729	$	2,685,729	143559

State Special Revenue Fund Group	143560

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	143561
4H90	800608	Cemeteries	$	266,688	$	266,688	143562
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	143563
5440	800612	Banks	$	6,836,589	$	6,836,589	143564
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	143565
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	143566
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	143567
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	143568
5480	800611	Real Estate Recovery	$	50,000	$	50,000	143569
5490	800614	Real Estate	$	3,310,412	$	3,310,412	143570
5500	800617	Securities	$	4,238,814	$	4,238,814	143571
5520	800604	Credit Union	$	3,297,888	$	3,297,888	143572
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	143573
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	143574
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	143575
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	143576
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	143577
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	143578
5X60	800623	Video Service	$	337,224	$	337,224	143579
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	143580
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	143581
TOTAL SSR State Special Revenue							143582
Fund Group			$	83,409,588	$	83,546,425	143583

Liquor Control Fund Group	143584

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	143585
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	143586
TOTAL LCF Liquor Control							143587
Fund Group			$	14,507,316	$	9,689,196	143588
TOTAL ALL BUDGET FUND GROUPS			$	184,852,156	$	180,170,873	143589

ADMINISTRATIVE ASSESSMENTS

143590

Notwithstanding any other provision of law to the contrary,	143591
the Division of Administration Fund (Fund 1630) is entitled to	143592
receive assessments from all operating funds of the Department in	143593
accordance with procedures prescribed by the Director of Commerce	143594
and approved by the Director of Budget and Management.	143595

UNCLAIMED FUNDS PAYMENTS

143596

The foregoing appropriation item 800625, Unclaimed	143597
Funds-Claims, shall be used to pay claims under section 169.08 of	143598
the Revised Code. If it is determined that additional amounts are	143599
necessary, the amounts are appropriated.	143600

FIRE DEPARTMENT GRANTS

143601

Of the foregoing appropriation item 800639, Fire Department	143602
Grants, up to $2,198,802 in each fiscal year shall be used to make	143603
annual grants to the following eligible recipients: volunteer fire	143604
departments, fire departments that serve one or more small	143605
municipalities or small townships, joint fire districts comprised	143606
of fire departments that primarily serve small municipalities or	143607
small townships, local units of government responsible for such	143608
fire departments, and local units of government responsible for	143609
the provision of fire protection services for small municipalities	143610
or small townships. For the purposes of these grants, a private	143611
fire company, as that phrase is defined in section 9.60 of the	143612
Revised Code, that is providing fire protection services under a	143613
contract to a political subdivision of the state, is an additional	143614
eligible recipient for a training grant.	143615

Eligible recipients that consist of small municipalities or	143616
small townships that all intend to contract with the same fire	143617
department or private fire company for fire protection services	143618
may jointly apply and be considered for a grant. If a joint	143619
applicant is awarded a grant, the State Fire Marshal shall, if	143620
feasible, proportionately award the grant and any equipment	143621
purchased with grant funds to each of the joint applicants based	143622
upon each applicant's contribution to and demonstrated need for	143623
fire protection services.	143624

If the grant awarded to joint applicants is an equipment	143625
grant and the equipment to be purchased cannot be readily	143626
distributed or possessed by multiple recipients, each of the joint	143627
applicants shall be awarded by the State Fire Marshal an ownership	143628
interest in the equipment so purchased in proportion to each	143629
applicant's contribution to and demonstrated need for fire	143630
protection services. The joint applicants shall then mutually	143631
agree on how the equipment is to be maintained, operated, stored,	143632
or disposed of. If, for any reason, the joint applicants cannot	143633
agree as to how jointly owned equipment is to be maintained,	143634
operated, stored, or disposed of or any of the joint applicants no	143635
longer maintain a contract with the same fire protection service	143636
provider as the other applicants, then the joint applicants shall,	143637
with the assistance of the State Fire Marshal, mutually agree as	143638
to how the jointly owned equipment is to be maintained, operated,	143639
stored, disposed of, or owned. If the joint applicants cannot	143640
agree how the grant equipment is to be maintained, operated,	143641
stored, disposed of, or owned, the State Fire Marshal may, in its	143642
discretion, require all of the equipment acquired by the joint	143643
applicants with grant funds to be returned to the State Fire	143644
Marshal. The State Fire Marshal may then award the returned	143645
equipment to any eligible recipients.	143646

Except as otherwise provided in this section, the grants	143647
shall be used by recipients to purchase firefighting or rescue	143648
equipment or gear or similar items, to provide full or partial	143649
reimbursement for the documented costs of firefighter training,	143650
or, at the discretion of the State Fire Marshal, to cover fire	143651
department costs for providing fire protection services in that	143652
grant recipient's jurisdiction.	143653

Of the foregoing appropriation item 800639, up to $500,000	143654
per fiscal year may be used to pay for the State Fire Marshal's	143655
costs of providing firefighter I certification classes or other	143656
firefighter classes approved by the Department of Public Safety in	143657
accordance with section 4765.55 of the Revised Code at no cost to	143658
selected students attending the Ohio Fire Academy or other class	143659
providers approved by the State Fire Marshal. The State Fire	143660
Marshal may establish the qualifications and selection processes	143661
for students to attend such classes by written policy, and such	143662
students shall be considered eligible recipients of fire	143663
department grants for the purposes of this portion of the grant	143664
program.	143665

Grant awards for firefighting or rescue equipment or gear or	143666
for fire department costs of providing fire protection services	143667
shall be up to $15,000 per fiscal year, or up to $25,000 per	143668
fiscal year if an eligible entity serves a jurisdiction in which	143669
the Governor declared a natural disaster during the preceding or	143670
current fiscal year in which the grant was awarded. In addition to	143671
any grant funds awarded for rescue equipment or gear, or for fire	143672
department costs associated with the provision of fire protection	143673
services, an eligible entity may receive a grant for up to $15,000	143674
per fiscal year for full or partial reimbursement of the	143675
documented costs of firefighter training. For each fiscal year,	143676
the State Fire Marshal shall determine the total amounts to be	143677
allocated for each eligible purpose.	143678

The grant program shall be administered by the State Fire	143679
Marshal in accordance with rules the State Fire Marshal adopts as	143680
part of the state fire code adopted pursuant to section 3737.82 of	143681
the Revised Code that are necessary for the administration and	143682
operation of the grant program. The rules may further define the	143683
entities eligible to receive grants and establish criteria for the	143684
awarding and expenditure of grant funds, including methods the	143685
State Fire Marshal may use to verify the proper use of grant funds	143686
or to obtain reimbursement for or the return of equipment for	143687
improperly used grant funds. Any amounts in appropriation item	143688
800639, Fire Department Grants, in excess of the amount allocated	143689
for these grants may be used for the administration of the grant	143690
program.	143691

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

143692

The Director of Budget and Management, upon the request of	143693
the Director of Commerce, may transfer up to $500,000 in cash from	143694
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	143695
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	143696
the Division of Real Estate Operating Fund (Fund 5490) during the	143697
biennium ending June 30, 2015.	143698

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

143699

General Services Fund Group	143700

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	143701
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	143702
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	143703

Section 245.10. CEB CONTROLLING BOARD

143705

General Revenue Fund	143706

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		143707
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		143708

General Services Fund Group	143709

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	143710
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	143711
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	143712

FEDERAL SHARE

143713

In transferring appropriations to or from appropriation items	143714
that have federal shares identified in this act, the Controlling	143715
Board shall add or subtract corresponding amounts of federal	143716
matching funds at the percentages indicated by the state and	143717
federal division of the appropriations in this act. Such changes	143718
are hereby appropriated.	143719

DISASTER SERVICES

143720

Pursuant to requests submitted by the Department of Public	143721
Safety, the Controlling Board may approve transfers from the	143722
Disaster Services Fund (5E20) to a fund and appropriation item	143723
used by the Department of Public Safety to provide for assistance	143724
to political subdivisions made necessary by natural disasters or	143725
emergencies. These transfers may be requested and approved prior	143726
to the occurrence of any specific natural disasters or emergencies	143727
in order to facilitate the provision of timely assistance. The	143728
Emergency Management Agency of the Department of Public Safety	143729
shall use the funding to fund the State Disaster Relief Program	143730
for disasters that have a written Governor's authorization, and	143731
the State Individual Assistance Program for disasters that have a	143732
written Governor's authorization and is declared by the federal	143733
Small Business Administration. The Ohio Emergency Management	143734
Agency shall publish and make available application packets	143735
outlining procedures for the State Disaster Relief Program and the	143736
State Individual Assistance Program.	143737

Fund 5E20 shall be used by the Controlling Board, pursuant to	143738
requests submitted by state agencies, to transfer cash and	143739
appropriations to any fund and appropriation item for the payment	143740
of state agency disaster relief program expenses for disasters	143741
that have a written Governor's authorization, if the Director of	143742
Budget and Management determines that sufficient funds exist.	143743

Upon the request of the Department of Public Safety, the	143744
Controlling Board may release up to $3,000,000 for Blanchard River	143745
flood mitigation projects.	143746

BALLOT ADVERTISING COSTS

143747

Pursuant to section 3501.17 of the Revised Code, and upon	143748
requests submitted by the Secretary of State, the Controlling	143749
Board shall approve transfers from the foregoing appropriation	143750
item 911441, Ballot Advertising Costs, to appropriation item	143751
050621, Statewide Ballot Advertising, in order to pay for the cost	143752
of public notices associated with statewide ballot initiatives.	143753

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	143754
ELIGIBILITY	143755

A state agency director shall request that the Controlling	143756
Board increase the amount of the agency's capital appropriations	143757
if the director determines such an increase is necessary for the	143758
agency to receive and use funds under the federal American	143759
Recovery and Reinvestment Act of 2009. The Controlling Board may	143760
increase the capital appropriations pursuant to the request up to	143761
the exact amount necessary under the federal act if the Board	143762
determines it is necessary for the agency to receive and use those	143763
federal funds.	143764

Section 247.10. COS STATE BOARD OF COSMETOLOGY

143765

General Services Fund Group	143766

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	143767
TOTAL GSF General Services Fund							143768
Group			$	3,474,030	$	3,474,030	143769
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	143770

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	143772
AND FAMILY THERAPIST BOARD	143773

General Services Fund Group	143774

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	143775
TOTAL GSF General Services Fund							143776
Group			$	1,265,856	$	1,281,478	143777
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	143778

Section 251.10. CLA COURT OF CLAIMS

143780

General Revenue Fund	143781

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		143782
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		143783

State Special Revenue Fund Group	143784

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	143785
TOTAL SSR State Special Revenue							143786
Fund Group			$	415,556	$	415,953	143787
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	143788

Section 251.20. AFC OHIO CULTURAL FACILITIES COMMISSION

143790

General Revenue Fund	143791

GRF	371401		Lease Rental Payments		$	22,555,872		$	0		143792
TOTAL GRF General Revenue Fund					$	22,555,872		$	0		143793

State Special Revenue Fund Group	143794

4T80	371601	Riffe Theatre Equipment Maintenance	$	40,446	$	143795
4T80	371603	Project Administration Services	$	250,000	$	143796
TOTAL SSR State Special Revenue Group			$	290,446	$	143797
TOTAL ALL BUDGET FUND GROUPS			$	22,846,318	$	143798

LEASE RENTAL PAYMENTS

143799

The foregoing appropriation item 371401, Lease Rental	143800
Payments, shall be used to meet all payments at the times they are	143801
required to be made during the period from July 1, 2013, through	143802
December 31, 2013, from the Ohio Cultural Facilities Commission	143803
under the primary leases and agreements for those arts and sports	143804
facilities made under Chapters 152. and 154. of the Revised Code.	143805
These appropriations are the source of funds pledged for bond	143806
service charges on related obligations issued under Chapters 152.	143807
and 154. of the Revised Code.	143808

PROJECT ADMINISTRATION SERVICES

143809

The foregoing appropriation item 371603, Project	143810
Administration Services, shall be used by the Ohio Cultural	143811
Facilities Commission in administering Cultural and Sports	143812
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	143813
3383. of the Revised Code.	143814

By the tenth day following each calendar quarter in each	143815
fiscal year, or as soon as possible thereafter, the Director of	143816
Budget and Management shall determine the amount of cash from	143817
interest earnings to be transferred from the Cultural and Sports	143818
Facilities Building Fund (Fund 7030) to the Cultural Facilities	143819
Commission Administration Fund (Fund 4T80).	143820

As soon as possible after each bond issuance made on behalf	143821
of the Cultural Facilities Commission, the Director of Budget and	143822
Management shall determine the amount of cash from any premium	143823
paid on each issuance that is available to be transferred, after	143824
all issuance costs have been paid, from the Cultural and Sports	143825
Facilities Building Fund (Fund 7030) to the Cultural Facilities	143826
Commission Administration Fund (Fund 4T80).	143827

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

143828

The Executive Director of the Cultural Facilities Commission	143829
shall certify to the Director of Budget and Management the amount	143830
of cash receipts and related investment income, irrevocable	143831
letters of credit from a bank, or certification of the	143832
availability of funds that have been received from a county or a	143833
municipal corporation for deposit into the Capital Donations Fund	143834
(Fund 5A10) and that are related to an anticipated project. These	143835
amounts are hereby appropriated to appropriation item C37146,	143836
Capital Donations. Prior to certifying these amounts to the	143837
Director, the Executive Director shall make a written agreement	143838
with the participating entity on the necessary cash flows required	143839
for the anticipated construction or equipment acquisition project.	143840

Section 253.10. DEN STATE DENTAL BOARD

143841

General Services Fund Group	143842

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	143843
TOTAL GSF General Services Fund							143844
Group			$	1,566,484	$	1,566,484	143845
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	143846

Section 255.10. BDP BOARD OF DEPOSIT

143848

General Services Fund Group	143849

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	143850
TOTAL GSF General Services Fund							143851
Group			$	1,876,000	$	1,876,000	143852
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	143853

BOARD OF DEPOSIT EXPENSE FUND

143854

Upon receiving certification of expenses from the Treasurer	143855
of State, the Director of Budget and Management shall transfer	143856
cash from the Investment Earnings Redistribution Fund (Fund 6080)	143857
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	143858
shall be used pursuant to section 135.02 of the Revised Code to	143859
pay for any and all necessary expenses of the Board of Deposit or	143860
for banking charges and fees required for the operation of the	143861
State of Ohio Regular Account.	143862

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

143863

General Revenue Fund	143864

GRF	195402	Coal Research Operating	$	261,205	$	261,405	143865
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	143866
GRF	195407	Travel and Tourism	$	1,300,000	$	0	143867
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	143868
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	143869
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	143870
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	143871
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	143872
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	143873
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	143874
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	143875
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	143876
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	143877
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	143878
TOTAL GRF General Revenue Fund			$	114,210,145	$	135,276,145	143879

General Services Fund Group	143880

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	143881
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	143882
5KN0	195640	Local Government Innovation	$	16,130,986	$	16,000,000	143883
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	143884
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	143885
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	143886
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	143887
TOTAL GSF General Services Fund							143888
Group			$	46,280,986	$	31,150,000	143889

Federal Special Revenue Fund Group	143890

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	143891
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	143892
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	143893
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	143894
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	143895
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	143896
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	143897
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	143898
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	143899
3350	195610	Energy Programs	$	200,000	$	200,000	143900
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	143901
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	143902
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	143903
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	143904
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	143905
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	143906
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	143907
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	143908
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	143909
TOTAL FED Federal Special Revenue							143910
Fund Group			$	417,389,090	$	375,260,494	143911

State Special Revenue Fund Group	143912

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	143913
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	143914
4F20	195639	State Special Projects	$	102,145	$	102,104	143915
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	143916
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	143917
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	143918
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	143919
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	143920
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	143921
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	143922
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	143923
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	143924
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	143925
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	143926
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	143927
6170	195654	Volume Cap Administration	$	32,562	$	32,562	143928
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	143929
TOTAL SSR State Special Revenue							143930
Fund Group			$	474,628,375	$	463,028,371	143931

Facilities Establishment Fund Group	143932

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	143933
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	143934
7010	195665	Research and Development	$	22,000,000	$	22,000,000	143935
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	143936
TOTAL 037 Facilities							143937
Establishment Fund Group			$	90,000,000	$	90,000,000	143938

Clean Ohio Revitalization Fund	143939

7003	195663		Clean Ohio Program		$	950,000		$	950,000		143940
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		143941

Third Frontier Research & Development Fund Group	143942

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	143943
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	143944
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	143945
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	143946
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	143947

Job Ready Site Development Fund Group	143948

7012	195688		Job Ready Site Development		$	800,000		$	800,000		143949
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		143950

Tobacco Master Settlement Agreement Fund Group	143951

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	143952
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	143953
TOTAL ALL BUDGET FUND GROUPS			$	1,278,155,191	$	1,230,371,035	143954

Section 257.20. COAL RESEARCH OPERATING

143956

The foregoing appropriation item 195402, Coal Research	143957
Operating, shall be used for the operating expenses of the	143958
Community Services Division in support of the Ohio Coal	143959
Development Office.	143960

TRAVEL AND TOURISM

143961

The foregoing appropriation item 195407, Travel and Tourism,	143962
shall be used for marketing the state of Ohio as a tourism	143963
destination and to support administrative expenses and contracts	143964
necessary to market Ohio.	143965

BUSINESS DEVELOPMENT SERVICES

143966

The foregoing appropriation item 195415, Business Development	143967
Services, shall be used for the operating expenses of the Business	143968
Services Division and the regional economic development offices	143969
and for grants for cooperative economic development ventures.	143970

REDEVELOPMENT ASSISTANCE

143971

The foregoing appropriation item 195426, Redevelopment	143972
Assistance, shall be used to fund the costs of administering the	143973
Clean Ohio Revitalization program and other urban revitalization	143974
programs that may be implemented by the Development Services	143975
Agency.	143976

CDBG OPERATING MATCH

143977

The foregoing appropriation item 195497, CDBG Operating	143978
Match, shall be used as matching funds for grants from the United	143979
States Department of Housing and Urban Development pursuant to the	143980
Housing and Community Development Act of 1974 and regulations and	143981
policy guidelines for the programs pursuant thereto.	143982

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

143983

The foregoing appropriation item 195501, Appalachian Local	143984
Development Districts, shall be used to support four local	143985
development districts. Of the foregoing appropriation amount in	143986
each fiscal year, up to $135,000 shall be allocated to the Ohio	143987
Valley Regional Development Commission, up to $135,000 shall be	143988
allocated to the Ohio Mid-Eastern Government Association, up to	143989
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	143990
Regional Development District, and up to $35,000 shall be	143991
allocated to the Eastgate Regional Council of Governments. Local	143992
development districts receiving funding under this section shall	143993
use the funds for the implementation and administration of	143994
programs and duties under section 107.21 of the Revised Code.	143995

TECHNOLOGY PROGRAMS AND GRANTS

143996

Of the foregoing appropriation item 195532, Technology	143997
Programs and Grants, up to $547,341 in each fiscal year shall be	143998
used for operating expenses incurred in administering the Ohio	143999
Third Frontier pursuant to sections 184.10 to 184.20 of the	144000
Revised Code; and up to $13,000,000 in each fiscal year shall be	144001
used for the Thomas Edison Program pursuant to sections 122.28 to	144002
122.38 of the Revised Code, of which not less than $8,700,000	144003
shall be allocated for the Edison Center Network entities defined	144004
in division (C) of section 122.33 of the Revised Code, and not	144005
more than ten per cent shall be used for operating expenses	144006
incurred in administering the program.	144007

BUSINESS ASSISTANCE

144008

The foregoing appropriation item 195533, Business Assistance,	144009
may be used to provide a range of business assistance, including	144010
grants to local organizations to support economic development	144011
activities that promote minority business development, small	144012
business development, entrepreneurship, and exports of Ohio's	144013
goods and services. This appropriation item shall also be used as	144014
matching funds for grants from the United States Small Business	144015
Administration and other federal agencies, pursuant to Public Law	144016
No. 96-302 as amended by Public Law No. 98-395, and regulations	144017
and policy guidelines for the programs pursuant thereto.	144018

APPALACHIA ASSISTANCE

144019

The foregoing appropriation item 195535, Appalachia	144020
Assistance, may be used for the administrative costs of planning	144021
and liaison activities for the Governor's Office of Appalachia, to	144022
provide financial assistance to projects in Ohio's Appalachian	144023
counties, and to pay dues for the Appalachian Regional Commission.	144024
These funds may be used to match federal funds from the	144025
Appalachian Regional Commission.	144026

OHIO-ISRAEL AGRICULTURE INITIATIVE

144027

The foregoing appropriation item 195537, Ohio-Israel	144028
Agricultural Initiative, shall be used for the Ohio-Israel	144029
Agricultural Initiative.	144030

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

144031

The foregoing appropriation line item 195901, Coal Research	144032
and Development General Obligation Debt Service, shall be used to	144033
pay all debt service and related financing costs during the period	144034
July 1, 2013, through June 30, 2015 for obligations issued under	144035
sections 151.01 and 151.07 of the Revised Code.	144036

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	144037
SERVICE	144038

The foregoing appropriation item 195905, Third Frontier	144039
Research & Development General Obligation Debt Service, shall be	144040
used to pay all debt service and related financing costs during	144041
the period from July 1, 2013, through June 30, 2015, on	144042
obligations issued for research and development purposes under	144043
sections 151.01 and 151.10 of the Revised Code.	144044

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

144045

The foregoing appropriation item 195912, Job Ready Site	144046
Development General Obligation Debt Service, shall be used to pay	144047
all debt service and related financing costs during the period	144048
from July 1, 2013, through June 30, 2015, on obligations issued	144049
for job ready site development purposes under sections 151.01 and	144050
151.11 of the Revised Code.	144051

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

144052

The Director of Development Services may assess offices of	144053
the agency for the cost of central service operations. An	144054
assessment shall contain the characteristics of administrative	144055
ease and uniform application. A division's payments shall be	144056
credited to the Supportive Services Fund (Fund 1350) using an	144057
intrastate transfer voucher.	144058

LOCAL GOVERNMENT INNOVATION FUND

144059

The foregoing appropriation item 195640, Local Government	144060
Innovation, shall be used for the purposes of making loans and	144061
grants to political subdivisions under the Local Government	144062
Innovation Program in accordance with sections 189.01 to 189.10 of	144063
the Revised Code. Of the foregoing appropriation item 195640,	144064
Local Government Innovation, up to $175,000 in each fiscal year	144065
shall be used for administrative costs incurred by the Development	144066
Services Agency.	144067

TRAVEL AND TOURISM COOPERATIVE PROJECTS

144068

The foregoing appropriation item 195690, Travel and Tourism	144069
Cooperative Projects, shall consist solely of leveraged private	144070
sector paid advertising dollars received in tourism marketing	144071
assistance and co-op programs. These funds are to be used for the	144072
marketing and promotion of travel and tourism in Ohio.	144073

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

144074

The foregoing appropriation item 195636, Development Services	144075
Reimbursable Expenditures, shall be used for reimbursable costs	144076
incurred by the agency. Revenues to the General Reimbursement Fund	144077
(Fund 6850) shall consist of moneys charged for administrative	144078
costs that are not central service costs.	144079

Section 257.40. WORKFORCE DEVELOPMENT INITIATIVES

144080

Of the foregoing appropriation item 195643, Workforce	144081
Development Initiatives, $500,000 in fiscal year 2014 shall be	144082
used to fund the Heavy Machinery Pilot Program at Central Ohio	144083
Technical College for tuition support and reimbursement to train	144084
approximately 30 students for careers in construction and the oil	144085
and gas industries in Eastern Ohio and statewide.	144086

Of the foregoing appropriation item 195643, Workforce	144087
Development Initiative, $500,000 in each fiscal year shall be used	144088
for grants to BioOhio to support the Bioscience Workforce	144089
Development Initiative for training incumbent and prospective	144090
workers in the bioscience manufacturing industry in partnership	144091
with community colleges. BioOhio shall provide an annual report to	144092
the Office of the Governor and the General Assembly assessing the	144093
progress of the BioScience Workforce Development Initiative, and	144094
the report shall include enrollment and placement statistics.	144095

HEAP WEATHERIZATION

144096

Up to fifteen per cent of the federal funds deposited to the	144097
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	144098
shall be expended from appropriation item 195614, HEAP	144099
Weatherization, to provide home weatherization services in the	144100
state as determined by the Director of Development Services. Any	144101
transfers or increases in appropriation for the foregoing	144102
appropriation items 195614, HEAP Weatherization, or 195611, Home	144103
Energy Assistance Block Grant, shall be subject to approval by the	144104
Controlling Board.	144105

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

144106

The foregoing appropriation item 195649, Business Assistance	144107
Programs, shall be used for administrative expenses associated	144108
with the operation of tax credit programs, loan servicing, the	144109
Ohio Film Office, workforce initiatives, and the Office of	144110
Strategic Business Investments.	144111

STATE SPECIAL PROJECTS

144112

The State Special Projects Fund (Fund 4F20), may be used for	144113
the deposit of private-sector funds from utility companies and for	144114
the deposit of other miscellaneous state funds. State moneys so	144115
deposited may also be used to match federal housing grants for the	144116
homeless.	144117

MINORITY BUSINESS ENTERPRISE LOAN

144118

All repayments from the Minority Development Financing	144119
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	144120
Program shall be deposited in the State Treasury to the credit of	144121
the Minority Business Enterprise Loan Fund (Fund 4W10).	144122

MINORITY BUSINESS BONDING FUND

144123

Notwithstanding Chapters 122., 169., and 175. of the Revised	144124
Code, the Director of Development Services may, upon the	144125
recommendation of the Minority Development Financing Advisory	144126
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	144127
year 2015 biennium of unclaimed funds administered by the Director	144128
of Commerce and allocated to the Minority Business Bonding Program	144129
under section 169.05 of the Revised Code.	144130

If needed for the payment of losses arising from the Minority	144131
Business Bonding Program, the Director of Budget and Management	144132
may, at the request of the Director of Development Services,	144133
request that the Director of Commerce transfer unclaimed funds	144134
that have been reported by holders of unclaimed funds under	144135
section 169.05 of the Revised Code to the Minority Bonding Fund	144136
(Fund 4490). The transfer of unclaimed funds shall only occur	144137
after proceeds of the initial transfer of $2,700,000 by the	144138
Controlling Board to the Minority Business Bonding Program have	144139
been used for that purpose. If expenditures are required for	144140
payment of losses arising from the Minority Business Bonding	144141
Program, such expenditures shall be made from appropriation item	144142
195658, Minority Business Bonding Contingency in the Minority	144143
Business Bonding Fund, and such amounts are hereby appropriated.	144144

INCUMBENT WORKFORCE TRAINING VOUCHERS

144145

(A) The Director of Budget and Management may transfer up to	144146
$30,000,000 cash in each fiscal year from the Economic Development	144147
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	144148
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	144149
Development Services Agency.	144150

(B) Of the foregoing appropriation item 195526, Incumbent	144151
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	144152
shall be used to support the Ohio Incumbent Workforce Training	144153
Voucher Program.	144154

(C) The Ohio Incumbent Workforce Training Voucher Program	144155
shall conform to guidelines for the operation of the program,	144156
including, but not limited to, the following:	144157

(1) A requirement that a training voucher under the program	144158
shall not exceed $6,000 per worker per year;	144159

(2) A provision for an employer of an eligible employee to	144160
apply for a voucher on behalf of the eligible employee;	144161

(3) A provision for an eligible employee to apply directly	144162
for a training voucher with the pre-approval of the employee's	144163
employer; and	144164

(4) A requirement that an employee participating in the	144165
program, or the employee's employer, shall pay for not less than	144166
thirty-three per cent of the training costs under the program.	144167

On July 1, 2014, or as soon as possible thereafter, the	144168
Director of Development Services may request that the Director of	144169
Budget and Management reappropriate any unexpended, unencumbered	144170
balance of the prior fiscal year's appropriation to the foregoing	144171
appropriation item 195526, Incumbent Workforce Training Vouchers,	144172
for fiscal year 2015. The Director of Budget and Management may	144173
request additional information necessary for evaluating the	144174
request, and the Director of Development Services shall provide	144175
the requested information to the Director of Budget and	144176
Management. Based on the information provided by the Director of	144177
Development Services, the Director of Budget and Management shall	144178
determine the amount to be reappropriated, and those amounts are	144179
hereby reappropriated for fiscal year 2015.	144180

DEFENSE DEVELOPMENT ASSISTANCE

144181

The Director of Budget and Management may transfer up to	144182
$5,000,000 in cash in each fiscal year from the Economic	144183
Development Programs Fund (Fund 5JC0) used by the Board of Regents	144184
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	144185
by the Development Services Agency. The transferred funds shall be	144186
used for appropriation item 195622, Defense Development	144187
Assistance, for economic development programs and the creation of	144188
new jobs to leverage and support mission gains at Department of	144189
Defense facilities in Ohio by working with future base realignment	144190
and closure activities and ongoing Department of Defense	144191
efficiency initiatives, assisting efforts to secure Department of	144192
Defense support contracts for Ohio companies, assessing and	144193
supporting regional job training and workforce development needs	144194
generated by the Department of Defense and the Ohio aerospace	144195
industry, and for expanding job training and economic development	144196
programs in human performance related initiatives. A portion of	144197
these funds shall be matched by private industry partners or the	144198
Department of Defense.	144199

On July 1, 2014, or as soon as possible thereafter, the	144200
Director of Development Services may request that the Director of	144201
Budget and Management reappropriate any unexpended, unencumbered	144202
balance of the prior fiscal year's appropriation to the foregoing	144203
appropriation item 195622, Defense Development Assistance, for	144204
fiscal year 2015. The Director of Budget and Management may	144205
request additional information necessary for evaluating the	144206
request, and the Director of Development Services shall provide	144207
the requested information to the Director of Budget and	144208
Management. Based on the information provided by the Director of	144209
Development Services, the Director of Budget and Management shall	144210
determine the amount to be reappropriated, and those amounts are	144211
hereby reappropriated for fiscal year 2015.	144212

ADVANCED ENERGY LOAN PROGRAMS

144213

The foregoing appropriation item 195660, Advanced Energy Loan	144214
Programs, shall be used to provide financial assistance to	144215
customers for eligible advanced energy projects for residential,	144216
commercial, and industrial business, local government, educational	144217
institution, nonprofit, and agriculture customers, and to pay for	144218
the program's administrative costs as provided in sections 4928.61	144219
to 4928.63 of the Revised Code and rules adopted by the Director	144220
of Development Services.	144221

TOURISMOHIO ADMINISTRATION

144222

Of the foregoing appropriation item 195683, TourismOhio	144223
Administration, $1,000,000 in fiscal year 2014 shall be used to	144224
administer a program established by the Development Services	144225
Agency pursuant to section 122.121 of the Revised Code.	144226

VOLUME CAP ADMINISTRATION

144227

The foregoing appropriation item 195654, Volume Cap	144228
Administration, shall be used for expenses related to the	144229
administration of the Volume Cap Program. Revenues received by the	144230
Volume Cap Administration Fund (Fund 6170) shall consist of	144231
application fees, forfeited deposits, and interest earned from the	144232
custodial account held by the Treasurer of State.	144233

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

144234

The foregoing appropriation item 195628, Capital Access Loan	144235
Program, shall be used for operating, program, and administrative	144236
expenses of the program. Funds of the Capital Access Loan Program	144237
shall be used to assist participating financial institutions in	144238
making program loans to eligible businesses that face barriers in	144239
accessing working capital and obtaining fixed-asset financing.	144240

INNOVATION OHIO LOAN FUND

144241

The foregoing appropriation item 195664, Innovation Ohio,	144242
shall be used to provide for Innovation Ohio purposes, including	144243
loan guarantees and loans under Chapter 166. and particularly	144244
sections 166.12 to 166.16 of the Revised Code.	144245

RESEARCH AND DEVELOPMENT

144246

The foregoing appropriation item 195665, Research and	144247
Development, shall be used to provide for research and development	144248
purposes, including loans, under Chapter 166. and particularly	144249
sections 166.17 to 166.21 of the Revised Code.	144250

FACILITIES ESTABLISHMENT

144251

The foregoing appropriation item 195615, Facilities	144252
Establishment, shall be used for the purposes of the Facilities	144253
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	144254
Code.	144255

Notwithstanding Chapter 166. of the Revised Code, an amount	144256
not to exceed $3,000,000 in cash in each fiscal year may be	144257
transferred from the Facilities Establishment Fund (Fund 7037) to	144258
the Business Assistance Fund (Fund 4510). The transfer is subject	144259
to Controlling Board approval under division (B) of section 166.03	144260
of the Revised Code.	144261

Notwithstanding Chapter 166. of the Revised Code, the	144262
Director of Budget and Management may transfer an amount not to	144263
exceed $1,000,000 in cash in each fiscal year from the Facilities	144264
Establishment Fund (Fund 7037) to the Minority Business Enterprise	144265
Loan Fund (Fund 4W10).	144266

Notwithstanding Chapter 166. of the Revised Code, the	144267
Director of Budget and Management may transfer an amount not to	144268
exceed $2,000,000 in cash in each fiscal year from the Facilities	144269
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	144270
(Fund 5S90).	144271

Section 257.70. CLEAN OHIO OPERATING EXPENSES

144272

The foregoing appropriation item 195663, Clean Ohio Program,	144273
shall be used by the Development Services Agency in administering	144274
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	144275
sections 122.65 to 122.658 of the Revised Code.	144276

Section 257.80. THIRD FRONTIER OPERATING

144277

The foregoing appropriation items 195686, Third Frontier	144278
Operating, and 195620, Third Frontier Operating - Tax, shall be	144279
used for operating expenses incurred by the Development Services	144280
Agency in administering projects pursuant to sections 184.10 to	144281
184.20 of the Revised Code. Operating expenses paid from item	144282
195686 shall be limited to the administration of projects funded	144283
from the Third Frontier Research & Development Fund (Fund 7011)	144284
and operating expenses paid from item 195620 shall be limited to	144285
the administration of projects funded from the Third Frontier	144286
Research & Development Taxable Bond Project Fund (Fund 7014).	144287

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	144288
AND DEVELOPMENT TAXABLE BOND PROJECTS	144289

The foregoing appropriation items 195687, Third Frontier	144290
Research & Development Projects, 195692, Research & Development	144291
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	144292
shall be used by the Development Services Agency to fund selected	144293
projects. Eligible costs are those costs of research and	144294
development projects to which the proceeds of the Third Frontier	144295
Research & Development Fund (Fund 7011) and the Research &	144296
Development Taxable Bond Project Fund (Fund 7014) are to be	144297
applied.	144298

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

144299

The Director of Budget and Management may approve written	144300
requests from the Director of Development Services for the	144301
transfer of appropriations between appropriation items 195687,	144302
Third Frontier Research & Development Projects, and 195692,	144303
Research & Development Taxable Bond Projects, based upon awards	144304
recommended by the Third Frontier Commission. The transfers are	144305
subject to approval by the Controlling Board.	144306

In fiscal year 2015, the Director of Development Services may	144307
request that the Director of Budget and Management reappropriate	144308
any unexpended, unencumbered balances of the prior fiscal year's	144309
appropriation to the foregoing appropriation items 195687, Third	144310
Frontier Research & Development Projects, and 195692, Research &	144311
Development Taxable Bond Projects, for fiscal year 2015. The	144312
Director of Budget and Management may request additional	144313
information necessary for evaluating these requests, and the	144314
Director of Development Services shall provide the requested	144315
information to the Director of Budget and Management. Based on the	144316
information provided by the Director of Development Services, the	144317
Director of Budget and Management shall determine the amounts to	144318
be reappropriated, and those amounts are hereby reappropriated for	144319
fiscal year 2015.	144320

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

144321

The Ohio Public Facilities Commission is hereby authorized to	144322
issue and sell, in accordance with Section 2p of Article VIII,	144323
Ohio Constitution, and particularly sections 151.01 and 151.10 of	144324
the Revised Code, original obligations of the State of Ohio in an	144325
aggregate amount not to exceed $350,000,000 in addition to the	144326
original issuance of obligations authorized by prior acts of the	144327
General Assembly. The authorized obligations shall be issued and	144328
sold from time to time and in amounts necessary to ensure	144329
sufficient moneys to the credit of the Third Frontier Research and	144330
Development Fund (Fund 7011) and the Third Frontier Research and	144331
Development Taxable Bond Fund (Fund 7014) to pay costs of research	144332
and development projects.	144333

Section 257.90. JOB READY SITE PROGRAM

144334

The foregoing appropriation item 195688, Job Ready Site	144335
Development, shall be used for operating expenses incurred by the	144336
Development Services Agency in administering Job Ready Site	144337
Development Fund (Fund 7012) projects pursuant to sections 122.085	144338
to 122.0820 of the Revised Code. Operating expenses include, but	144339
are not limited to, certain qualified expenses of the District	144340
Public Works Integrating Committees, as applicable, engineering	144341
review of submitted applications by the State Architect or a	144342
third-party engineering firm, audit and accountability activities,	144343
and costs associated with formal certifications verifying that	144344
site infrastructure is in place and is functional.	144345

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

144346

On July 1, 2013, or as soon as possible thereafter, the	144347
Director of Budget and Management may transfer up to the cash	144348
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	144349
and the Tax Credit Operating Fund (Fund 4S10) to the Business	144350
Assistance Fund (Fund 4510).	144351

On July 1, 2013, or as soon as possible thereafter, the	144352
Director of Budget and Management may transfer up to the cash	144353
balances in the Family Farm Loan Fund (Fund 5H10) and the First	144354
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	144355
7037).	144356

On July 1, 2013, or as soon as possible thereafter, the	144357
Director of Budget and Management may transfer up to the cash	144358
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	144359
New Markets Tax Credit Program Fund (Fund 5JR0).	144360

On July 1, 2013, or as soon as possible thereafter, the	144361
Director of Budget and Management may transfer up to the cash	144362
balances in the Water and Sewer Fund (Fund 4440) and the Water and	144363
Sewer Administrative Fund (Fund 6110) to the General	144364
Reimbursements Fund (Fund 6850).	144365

On July 1, 2013, or as soon as possible thereafter, the	144366
Director of Budget and Management may transfer up to the cash	144367
balance in the Local Government Services Collaboration Grant Fund	144368
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	144369

(B) ABOLISHMENT OF FUNDS

144370

On July 1, 2013, or as soon as possible thereafter, upon	144371
completion of a transfer of the cash balance in a fund as	144372
described in division (A) of this section by the Director of	144373
Budget and Management, notwithstanding the establishment authority	144374
of the fund, the fund is hereby abolished.	144375

On July 1, 2013, or as soon as possible thereafter, the	144376
Director of Budget and Management shall transfer the cash balance	144377
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	144378
Establishment Fund (Fund 7037). After completion of the transfer	144379
and on the effective date of its repeal by this act, Fund 7022	144380
shall be abolished.	144381

The following funds are determined to be dormant and shall be	144382
abolished on the effective date of their repeal by this act:	144383
Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites Fund	144384
(Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	144385
Development and Assistance Fund (Fund 5LK0), Clean Ohio	144386
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	144387
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	144388

144389

On July 1, 2013, or as soon as possible thereafter, the	144390
Director of Budget and Management may determine whether the	144391
following funds are dormant. If the Director of Budget and	144392
Management determines a fund to be dormant, notwithstanding the	144393
establishment authority of the fund, the fund is hereby abolished.	144394
The funds are:	144395

Fund Number	Fund Name	144396
1360	International Trade	144397
3800	Ohio Housing Agency	144398
3BJ0	TANF Heating Assistance	144399
3X30	TANF Housing	144400
4450	OHFA Administration	144401
4480	Ohio Coal Development	144402
4D00	Public & Private Assistance	144403
5CV0	Defense Conversion Assistance	144404
5D10	Port Authority Bond Reserves	144405
5D20	Urban Redevelopment Loan	144406
5F70	Local Government Y2K Loan Program	144407
5X50	Family Homelessness Prevention Pilot	144408
5Y60	Economic Development Contingency	144409
5Z30	Jobs	144410
QA70	Electric Revenue Development	144411

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

144412

General Revenue Fund	144413

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	144414
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	144415
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	144416
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	144417
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	144418
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	144419
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	144420
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	144421
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	144422
GRF	653407	Medicaid Services	$	430,056,111	$	435,574,237	144423
TOTAL GRF General Revenue Fund			$	524,186,339	$	529,937,865	144424

General Services Fund Group	144425

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		144426
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		144427

Federal Special Revenue Fund Group	144428

3A50	320613	DD Council	$	3,297,656	$	3,324,187	144429
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	144430
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	144431
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	144432
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	144433
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,022,485,423	144434
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	144435
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	144436
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,597,043,271	144437

State Special Revenue Fund Group	144438

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	144439
2210	322620	Supplement Service Trust	$	150,000	$	150,000	144440
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	144441
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	144442
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	144443
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	144444
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	144445
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	144446
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	144447
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	144448
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	144449
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	144450
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	144451
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	144452
TOTAL ALL BUDGET FUND GROUPS			$	2,530,404,582	$	2,689,878,711	144453

Section 259.20. LEASE-RENTAL PAYMENTS

144455

The foregoing appropriation item 320415, Lease-Rental	144456
Payments, shall be used to meet all payments at the times they are	144457
required to be made during the period from July 1, 2013, through	144458
June 30, 2015, by the Department of Developmental Disabilities	144459
under leases and agreements made under section 154.20 of the	144460
Revised Code. These appropriations are the source of funds pledged	144461
for bond service charges on related obligations issued under	144462
Chapter 154. of the Revised Code.	144463

Section 259.30. SCREENING AND EARLY INTERVENTION

144464

The foregoing appropriation item 322420, Screening and Early	144465
Intervention, shall be used for screening and early intervention	144466
programs for children with autism selected by the Director of	144467
Developmental Disabilities.	144468

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

144469

The foregoing appropriation item 322451, Family Support	144470
Services, may be used as follows in fiscal year 2014 and fiscal	144471
year 2015:	144472

(A) The appropriation item may be used to provide a subsidy	144473
to county boards of developmental disabilities for family support	144474
services provided under section 5126.11 of the Revised Code. The	144475
subsidy shall be paid in quarterly installments and allocated to	144476
county boards according to a formula the Director of Developmental	144477
Disabilities shall develop in consultation with representatives of	144478
county boards. A county board shall use not more than seven per	144479
cent of its subsidy for administrative costs.	144480

(B) The appropriation item may be used to distribute funds to	144481
county boards for the purpose of addressing economic hardships and	144482
to promote efficiency of operations. In consultation with	144483
representatives of county boards, the Director shall determine the	144484
amount of funds to distribute for these purposes and the criteria	144485
for distributing the funds.	144486

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

144487

(A) Except as provided in the section of this act titled	144488
"NONFEDERAL SHARE OF ICF/IID SERVICES," the foregoing	144489
appropriation item 322501, County Boards Subsidies, shall be used	144490
for the following purposes:	144491

(1) To provide a subsidy to county boards of developmental	144492
disabilities in quarterly installments and allocated according to	144493
a formula developed by the Director of Developmental Disabilities	144494
in consultation with representatives of county boards. Except as	144495
provided in section 5126.0511 of the Revised Code or in division	144496
(B) of this section, county boards shall use the subsidy for early	144497
childhood services and adult services provided under section	144498
5126.05 of the Revised Code, service and support administration	144499
provided under section 5126.15 of the Revised Code, or supported	144500
living as defined in section 5126.01 of the Revised Code.	144501

(2) To provide funding, as determined necessary by the	144502
Director, for residential services, including room and board, and	144503
support service programs that enable individuals with	144504
developmental disabilities to live in the community.	144505

(3) To distribute funds to county boards of developmental	144506
disabilities to address economic hardships and promote efficiency	144507
of operations. The Director shall determine, in consultation with	144508
representatives of county boards, the amount of funds to	144509
distribute for these purposes and the criteria for distributing	144510
the funds.	144511

(B) In collaboration with the county's family and children	144512
first council, a county board of developmental disabilities may	144513
transfer portions of funds received under this section, to a	144514
flexible funding pool in accordance with the section of this act	144515
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	144516

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

144517

As used in this section, "home and community-based services"	144518
has the same meaning as in section 5123.01 of the Revised Code.	144519

The Director of Developmental Disabilities shall establish a	144520
methodology to be used in fiscal year 2014 and fiscal year 2015 to	144521
estimate the quarterly amount each county board of developmental	144522
disabilities is to pay of the nonfederal share of home and	144523
community-based services that section 5126.0510 of the Revised	144524
Code requires county boards to pay. Each quarter, the Director	144525
shall submit to a county board written notice of the amount the	144526
county board is to pay for that quarter. The notice shall specify	144527
when the payment is due.	144528

Section 259.70. TAX EQUITY

144529

Notwithstanding section 5126.18 of the Revised Code, the	144530
foregoing appropriation item 322503, Tax Equity, may be used to	144531
distribute funds to county boards of developmental disabilities to	144532
address economic hardships and promote efficiency of operations.	144533
The Director of Developmental Disabilities shall determine, in	144534
consultation with representatives of county boards, the amount of	144535
funds to distribute for these purposes and the criteria for	144536
distributing the funds.	144537

Section 259.80. MEDICAID SERVICES

144538

Except as provided in section 5123.0416 of the Revised Code,	144539
the purposes for which the foregoing appropriation item 653407,	144540
Medicaid Services, shall be used include the following:	144541

(A) Home and community-based services, as defined in section	144542
5123.01 of the Revised Code;	144543

(B) Implementation of the requirements of the agreement	144544
settling the consent decree in Sermak v. Manuel, Case No.	144545
C-2-80-220, United States District Court for the Southern District	144546
of Ohio, Eastern Division;	144547

(C) Implementation of the requirements of the agreement	144548
settling the consent decree in the Martin v. Strickland, Case No.	144549
89-CV-00362, United States District Court for the Southern	144550
District of Ohio, Eastern Division;	144551

(D) ICF/IID services, as defined in section 5124.01 of the	144552
Revised Code;	144553

(E) Other programs as identified by the Director of	144554
Developmental Disabilities.	144555

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

144556

The foregoing appropriation item 322508, Employment First	144557
Pilot Program, shall be used to increase employment opportunities	144558
for individuals with developmental disabilities through the	144559
Employment First Initiative in accordance with section 5123.022 of	144560
the Revised Code.	144561

Of the foregoing appropriation item, 322508, Employment First	144562
Pilot Program, the Director of Developmental Disabilities shall	144563
transfer, in each fiscal year, to the Opportunities for Ohioans	144564
with Disabilities Agency an amount agreed upon by the Director of	144565
Developmental Disabilities and the Executive Director of the	144566
Opportunities for Ohioans with Disabilities Agency. The transfer	144567
shall be made via an intrastate transfer voucher. The transferred	144568
funds shall be used to support the Employment First Pilot Program.	144569
The Opportunities for Ohioans with Disabilities Agency shall use	144570
the funds transferred as state matching funds to obtain available	144571
federal grant dollars for vocational rehabilitation services. Any	144572
federal match dollars received by the Opportunities for Ohioans	144573
with Disabilities Agency shall be used for the pilot program. The	144574
Director of Developmental Disabilities and the Executive Director	144575
of the Opportunities for Ohioans with Disabilities Agency shall	144576
enter into an interagency agreement in accordance with section	144577
3304.181 of the Revised Code that will specify the	144578
responsibilities of each agency under the pilot program. Under the	144579
interagency agreement, the Opportunities for Ohioans with	144580
Disabilities Agency shall retain responsibility for eligibility	144581
determination, order of selection, plan approval, plan amendment,	144582
and release of vendor payments.	144583

The remainder of appropriation item 322508, Employment First	144584
Pilot Program, shall be used to develop a long term, sustainable	144585
system that places individuals with developmental disabilities in	144586
community employment, as defined in section 5126.01 of the Revised	144587
Code.	144588

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

144589

If an employment first task force is established by the	144590
Director of Developmental Disabilities in accordance with section	144591
5123.023 of the Revised Code, the Director of Budget and	144592
Management shall establish an appropriation item from the	144593
Employment First Taskforce Fund for use by the Department of	144594
Developmental Disabilities to support the work of the task force.	144595
In fiscal year 2014 and fiscal year 2015, if an employment first	144596
task force is established, the Director of Developmental	144597
Disabilities shall certify to the Director of Budget and	144598
Management the appropriation amounts necessary for the Department	144599
of Developmental Disabilities to fulfill its obligation to support	144600
the work of the task force. Once the certification required under	144601
this section has been submitted and approved by the Director of	144602
Budget and Management, the appropriations established under this	144603
section are hereby appropriated in the amounts approved by the	144604
Director of Budget and Management.	144605

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

144606

On July 1, 2013, or as soon as possible thereafter, the	144607
Director of Developmental Disabilities shall request the Director	144608
of Budget and Management to transfer the cash balance in the Home	144609
and Community-Based Services Fund (Fund 4K80) to the Operating and	144610
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	144611
4K80 is hereby abolished. The Director of Budget and Management	144612
shall cancel any existing encumbrances against appropriation item	144613
322604, Medicaid Waiver – State Match, and reestablish them	144614
against appropriation item 653606, ICF/IID and Waiver Match. The	144615
reestablished encumbrance amounts are hereby appropriated.	144616

Section 259.120. OPERATING AND SERVICES

144617

Of the foregoing appropriation item 320606, Operating and	144618
Services, $100,000 in each fiscal year shall be provided to the	144619
Ohio Center for Autism and Low Incidence to establish a lifespan	144620
autism hub to support families and professionals.	144621

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

144622

County boards of developmental disabilities shall pay the	144623
nonfederal portion of targeted case management costs to the	144624
Department of Developmental Disabilities.	144625

The Director of Developmental Disabilities and the Medicaid	144626
Director may enter into an interagency agreement under which the	144627
Department of Developmental Disabilities shall transfer cash from	144628
the Targeted Case Management Fund (Fund 5DJ0) to the Health	144629
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	144630
Department of Medicaid in an amount equal to the nonfederal	144631
portion of the cost of targeted case management services paid by	144632
county boards. Under the agreement, the Department of Medicaid	144633
shall pay the total cost of targeted case management claims. The	144634
transfer shall be made using an intrastate transfer voucher.	144635

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

144636

If a county board of developmental disabilities does not	144637
fully pay any amount owed to the Department of Developmental	144638
Disabilities by the due date established by the Department, the	144639
Director of Developmental Disabilities may withhold the amount the	144640
county board did not pay from any amounts due to the county board.	144641
The Director may use any appropriation item or fund used by the	144642
Department to transfer cash to any other fund used by the	144643
Department in an amount equal to the amount owed the Department	144644
that the county board did not pay. Transfers under this section	144645
shall be made using an intrastate transfer voucher.	144646

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

144647

Developmental centers of the Department of Developmental	144648
Disabilities may provide services to persons with mental	144649
retardation or developmental disabilities living in the community	144650
or to providers of services to these persons. The Department may	144651
develop a method for recovery of all costs associated with the	144652
provision of these services.	144653

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	144654
PHARMACY PROGRAMS	144655

The Director of Developmental Disabilities shall quarterly	144656
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	144657
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	144658
by the Department of Medicaid, in an amount equal to the	144659
nonfederal share of Medicaid prescription drug claim costs for all	144660
developmental centers paid by the Department of Medicaid. The	144661
quarterly transfer shall be made using an intrastate transfer	144662
voucher.	144663

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	144664
SERVICES	144665

Any county funds received by the Department of Developmental	144666
Disabilities from county boards of developmental disabilities for	144667
active treatment shall be deposited in the Developmental	144668
Disabilities Operating Fund (Fund 4890).	144669

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

144670

(A) In fiscal year 2014 and fiscal year 2015, the Director of	144671
Developmental Disabilities may authorize the continuation or	144672
implementation of one or more innovative pilot projects that, in	144673
the judgment of the Director, are likely to assist in promoting	144674
the objectives of Chapter 5123. or 5126. of the Revised Code.	144675
Subject to division (B) of this section and notwithstanding any	144676
provision of Chapters 5123. and 5126. of the Revised Code and any	144677
rule adopted under either chapter, a pilot project authorized by	144678
the Director may be continued or implemented in a manner	144679
inconsistent with one or more provisions of either chapter or one	144680
or more rules adopted under either chapter. Before authorizing a	144681
pilot program, the Director shall consult with entities interested	144682
in the issue of developmental disabilities, including the Ohio	144683
Provider Resource Association, Ohio Association of County Boards	144684
of Developmental Disabilities, Ohio Health Care Association/Ohio	144685
Centers for Intellectual Disabilities, the Values and Faith	144686
Alliance, and ARC of Ohio.	144687

(B) The Director may not authorize a pilot project to be	144688
implemented in a manner that would cause the state to be out of	144689
compliance with any requirements for a program funded in whole or	144690
in part with federal funds.	144691

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	144692
APPROPRIATION ITEM STRUCTURE	144693

Upon request from the Director of Developmental Disabilities,	144694
the Director of Budget and Management may establish new funds, new	144695
appropriation items, and appropriations in order to support the	144696
transition to a new appropriation item structure in the Department	144697
of Developmental Disabilities' budget. Also, upon request of the	144698
Director of Developmental Disabilities, the Director of Budget and	144699
Management may transfer appropriations between GRF appropriation	144700
items, transfer cash between any funds used by the Department of	144701
Developmental Disabilities, abolish existing funds used by the	144702
Department of Developmental Disabilities, and cancel and	144703
reestablish encumbrances. Any establishment of new funds or	144704
appropriation items, any transfers of appropriations or cash, and	144705
any increases in appropriation under this section are subject to	144706
Controlling Board approval.	144707

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	144708
ICFs/IID	144709

(A) As used in this section:

144710

"Capped per diem rate" means the per Medicaid day payment	144711
rate calculated for an ICF/IID under division (D) of this section.	144712

"Change of operator," "entering operator," "exiting	144713
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	144714
"provider," and "provider agreement" have the same meanings as in	144715
section 5124.01 of the Revised Code.	144716

"Franchise permit fee" means the fee imposed by sections	144717
5168.60 to 5168.71 of the Revised Code.	144718

"Modified per diem rate" means the per Medicaid day payment	144719
rate calculated for an ICF/IID under division (C) of this section.	144720

"Unmodified per diem rate" means the per Medicaid day payment	144721
rate calculated for an ICF/IID under Chapter 5124. of the Revised	144722
Code.	144723

(B) This section applies to each ICF/IID provider to which	144724
either of the following applies:	144725

(1) The provider has a valid Medicaid provider agreement for	144726
the ICF/IID on June 30, 2013, and a valid Medicaid provider	144727
agreement for the ICF/IID during fiscal year 2014.	144728

(2) The ICF/IID undergoes a change of operator that takes	144729
effect during fiscal year 2014, the exiting operator has a valid	144730
Medicaid provider agreement for the ICF/IID on the day immediately	144731
preceding the effective date of the change of operator, and the	144732
entering operator has a valid Medicaid provider agreement for the	144733
ICF/IID during fiscal year 2014.	144734

(C) An ICF/IID's total modified per diem rate for fiscal year	144735
2014 shall be the ICF/IID's total unmodified per diem rate for	144736
that fiscal year with the following modifications:	144737

(1) In place of the inflation adjustment otherwise made under	144738
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	144739
actual, allowable, per diem other protected costs, excluding the	144740
franchise permit fee, from calendar year 2012 shall be multiplied	144741
by 1.0123.	144742

(2) In place of the maximum cost per case-mix unit	144743
established for the ICF/IID's peer group under division (C) of	144744
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	144745
per case-mix unit shall be the following:	144746

(a) In the case of an ICF/IID with more than eight beds,	144747
$108.21;	144748

(b) In the case of an ICF/IID with eight or fewer beds,	144749
$102.21.	144750

(3) In place of the inflation adjustment otherwise calculated	144751
under division (D) of section 5124.19 of the Revised Code for the	144752
purpose of division (A)(1)(b) of that section, an inflation	144753
adjustment of 1.0123 shall be used.	144754

(4) In place of the maximum rate for indirect care costs	144755
established for the ICF/IID's peer group under division (C) of	144756
section 5124.21 of the Revised Code, the maximum rate for indirect	144757
care costs for the ICF/IID's peer group shall be the following:	144758

(a) In the case of an ICF/IID with more than eight beds,	144759
$68.98;	144760

(b) In the case of an ICF/IID with eight or fewer beds,	144761
$59.60.	144762

(5) In place of the inflation adjustment otherwise calculated	144763
under division (D)(1) of section 5124.21 of the Revised Code for	144764
the purpose of division (B)(1) of that section only, an inflation	144765
adjustment of 1.0123 shall be used.	144766

(6) In place of the efficiency incentive otherwise calculated	144767
under division (B)(2) or (3) of section 5124.21 of the Revised	144768
Code, the ICF/IID's efficiency incentive for indirect care costs	144769
shall be the following:	144770

(a) In the case of an ICF/IID with more than eight beds,	144771
$3.69;	144772

(b) In the case of an ICF/IID with eight or fewer beds,	144773
$3.19.	144774

(7) The ICF/IID's efficiency incentive for capital costs, as	144775
determined under division (E) of section 5124.17 of the Revised	144776
Code, shall be reduced by 50%.	144777

(D) An ICF/IID's total capped per diem rate for fiscal year	144778
2014 shall be the ICF/IID's total unmodified per diem rate for	144779
that fiscal year reduced by the percentage by which the mean total	144780
unmodified per diem rates for all ICFs/IID in this state for	144781
fiscal year 2014, weighted by May 2013 Medicaid days and	144782
calculated as of July 1, 2013, exceeds $282.84.	144783

(E) Except as otherwise provided by this section, an ICF/IID	144784
provider to which this section applies shall be paid, for ICF/IID	144785
services the ICF/IID provides during fiscal year 2014, a total per	144786
diem rate determined as follows:	144787

(1) Add the ICF/IID's total modified per diem rate to the	144788
ICF/IID's total capped per diem rate;	144789

(2) Divide the amount determined under division (E)(1) of	144790
this section by two.	144791

(F) If the mean total per diem rate for all ICFs/IID to which	144792
this section applies, weighted by May 2013 Medicaid days and	144793
determined under division (E) of this section as of July 1, 2013,	144794
is other than $282.84, the Department of Developmental	144795
Disabilities shall adjust, for fiscal year 2014, the total per	144796
diem rate for each ICF/IID to which this section applies by a	144797
percentage that is equal to the percentage by which the mean total	144798
per diem rate is greater or less than $282.84.	144799

(G) If the United States Centers for Medicare and Medicaid	144800
Services requires that the franchise permit fee be reduced or	144801
eliminated, the Department of Developmental Disabilities shall	144802
reduce the amount it pays ICF/IID providers under this section as	144803
necessary to reflect the loss to the state of the revenue and	144804
federal financial participation generated from the franchise	144805
permit fee.	144806

(H) The Department of Developmental Disabilities shall follow	144807
this section in determining the rate to be paid ICF/IID providers	144808
subject to this section notwithstanding anything to the contrary	144809
in Chapter 5124. of the Revised Code.	144810

Of the foregoing appropriation items 653407, Medicaid	144811
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	144812
portions shall be used to pay the Medicaid payment rates	144813
determined in accordance with this section for ICF/IID services	144814
provided during fiscal year 2014.	144815

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	144816
ICFs/IID	144817

(A) As used in this section:

144818

"Capped per diem rate" means the per Medicaid day payment	144819
rate calculated for an ICF/IID under division (D) of this section.	144820

"Change of operator," "entering operator," "exiting	144821
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	144822
"provider," and "provider agreement" have the same meanings as in	144823
section 5124.01 of the Revised Code.	144824

"Franchise permit fee" means the fee imposed by sections	144825
5168.60 to 5168.71 of the Revised Code.	144826

"Modified per diem rate" means the per Medicaid day payment	144827
rate calculated for an ICF/IID under division (C) of this section.	144828

"Unmodified per diem rate" means the per Medicaid day payment	144829
rate calculated for an ICF/IID under Chapter 5124. of the Revised	144830
Code.	144831

(B) This section applies to each ICF/IID provider to which	144832
either of the following applies:	144833

(1) The provider has a valid Medicaid provider agreement for	144834
the ICF/IID on June 30, 2014, and a valid Medicaid provider	144835
agreement for the ICF/IID during fiscal year 2015.	144836

(2) The ICF/IID undergoes a change of operator that takes	144837
effect during fiscal year 2015, the exiting operator has a valid	144838
Medicaid provider agreement for the ICF/IID on the day immediately	144839
preceding the effective date of the change of operator, and the	144840
entering operator has a valid Medicaid provider agreement for the	144841
ICF/IID during fiscal year 2015.	144842

(C) An ICF/IID's total modified per diem rate for fiscal year	144843
2015 shall be the ICF/IID's total unmodified per diem rate for	144844
that fiscal year with the following modifications:	144845

(1) In place of the inflation adjustment otherwise made under	144846
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	144847
actual, allowable, per diem other protected costs, excluding the	144848
franchise permit fee, from calendar year 2013 shall be multiplied	144849
by 1.0123.	144850

(2) In place of the maximum cost per case-mix unit	144851
established for the ICF/IID's peer group under division (C) of	144852
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	144853
per case-mix unit shall be the following:	144854

(a) In the case of an ICF/IID with more than eight beds,	144855
$108.21;	144856

(b) In the case of an ICF/IID with eight or fewer beds,	144857
$102.21.	144858

(3) In place of the inflation adjustment otherwise calculated	144859
under division (D) of section 5124.19 of the Revised Code for the	144860
purpose of division (A)(1)(b) of that section, an inflation	144861
adjustment of 1.0123 shall be used.	144862

(4) In place of the maximum rate for indirect care costs	144863
established for the ICF/IID's peer group under division (C) of	144864
section 5124.21 of the Revised Code, the maximum rate for indirect	144865
care costs for the ICF/IID's peer group shall be the following:	144866

(a) In the case of an ICF/IID with more than eight beds,	144867
$68.98;	144868

(b) In the case of an ICF/IID with eight or fewer beds,	144869
$59.60.	144870

(5) In place of the inflation adjustment otherwise calculated	144871
under divisions (D)(1) and (2) of section 5124.21 of the Revised	144872
Code for the purpose of division (B)(1) of that section only, an	144873
inflation adjustment of 1.0123 shall be used.	144874

(6) In place of the efficiency incentive otherwise calculated	144875
under division (B)(2) or (3) of section 5124.21 of the Revised	144876
Code, the ICF/IID's efficiency incentive for indirect care costs	144877
shall be the following:	144878

(a) In the case of an ICF/IID with more than eight beds,	144879
$3.69;	144880

(b) In the case of an ICF/IID with eight or fewer beds,	144881
$3.19.	144882

(7) The ICF/IID's efficiency incentive for capital costs, as	144883
determined under division (E) of section 5124.17 of the Revised	144884
Code, shall be reduced by 50%.	144885

(D) An ICF/IID's total capped per diem rate for fiscal year	144886
2015 shall be the ICF/IID's total unmodified per diem rate for	144887
that fiscal year reduced by the percentage by which the mean total	144888
unmodified per diem rates for all ICFs/IID in this state for	144889
fiscal year 2015, weighted by May 2014 Medicaid days and	144890
calculated as of July 1, 2014, exceeds $282.77.	144891

(E) Except as otherwise provided by this section, an ICF/IID	144892
provider to which this section applies shall be paid, for ICF/IID	144893
services the ICF/IID provides during fiscal year 2015, a total per	144894
diem rate determined as follows:	144895

(1) Add the ICF/IID's total modified per diem rate to the	144896
ICF/IID's total capped per diem rate;	144897

(2) Divide the amount determined under division (E)(1) of	144898
this section by two.	144899

(F) If the mean total per diem rate for all ICFs/IID to which	144900
this section applies, weighted by May 2014 Medicaid days and	144901
determined under division (E) of this section as of July 1, 2014,	144902
is other than $282.77, the Department of Developmental	144903
Disabilities shall adjust, for fiscal year 2015, the total per	144904
diem rate for each ICF/IID to which this section applies by a	144905
percentage that is equal to the percentage by which the mean total	144906
per diem rate is greater or less than $282.77.	144907

(G) If the United States Centers for Medicare and Medicaid	144908
Services requires that the franchise permit fee be reduced or	144909
eliminated, the Department of Developmental Disabilities shall	144910
reduce the amount it pays ICF/IID providers under this section as	144911
necessary to reflect the loss to the state of the revenue and	144912
federal financial participation generated from the franchise	144913
permit fee.	144914

(H) The Department of Developmental Disabilities shall follow	144915
this section in determining the rate to be paid ICF/IID providers	144916
subject to this section notwithstanding anything to the contrary	144917
in Chapter 5124. of the Revised Code.	144918

Of the foregoing appropriation items 653407, Medicaid	144919
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	144920
portions shall be used to pay the Medicaid payment rates	144921
determined in accordance with this section for ICF/IID services	144922
provided during fiscal year 2015.	144923

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	144924
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/IID RESIDENTS	144925

As used in this section, "ICF/IID" and "ICF/IID services"	144926
have the same meanings as in section 5124.01 of the Revised Code.	144927

Each quarter during fiscal year 2015, the Director of	144928
Developmental Disabilities shall certify to the Director of Budget	144929
and Management the amount needed to pay the nonfederal share of	144930
the costs of the Medicaid rate add-on paid to ICFs/IID pursuant to	144931
section 5124.25 of the Revised Code for providing outlier ICF/IID	144932
services to residents who qualify for the services and are	144933
transferred to ICFs/IID from hospitals at which they receive	144934
ventilator services at the time of their transfer to the ICFs/IID.	144935

On receipt of a certification, the Director of Budget and	144936
Management shall transfer appropriations equaling the certified	144937
amount from appropriation item 651525, Medicaid/Health Care	144938
Services, to appropriation item 653407, Medicaid Services, and, in	144939
addition, shall reduce the appropriation in 651525,	144940
Medicaid/Health Care Services, by the corresponding federal share.	144941

If receipts credited to the Developmental Center and	144942
Residential Facility Services and Support Fund (Fund 3A40), used	144943
by the Department of Developmental Disabilities, exceed the	144944
amounts appropriated in appropriation item 653653, ICF/IID, the	144945
Director of Developmental Disabilities may request the Director of	144946
Budget and Management to authorize expenditures from the fund in	144947
excess of the amounts appropriated. Upon approval of the Director	144948
of Budget and Management, the additional amounts are hereby	144949
appropriated.	144950

Section 259.230. ICF/IID MEDICAID RATE WORKGROUP

144951

As used in this section, "ICF/IID," "ICF/IID services," and	144952
"Medicaid-certified capacity" have the same meanings as in section	144953
5124.01 of the Revised Code.	144954

For the purpose of assisting the Department of Developmental	144955
Disabilities during fiscal year 2014 and fiscal year 2015 with an	144956
evaluation of revisions to the formula used to determine Medicaid	144957
payment rates for ICF/IID services, the Department shall retain	144958
the workgroup that was created to assist with the study required	144959
by Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	144960
Assembly. In conducting the evaluation, the Department and	144961
workgroup shall do both of the following:	144962

(A) Focus primarily on the service needs of individuals with	144963
complex challenges that ICFs/IID are able to meet;	144964

(B) Pursue the goal of reducing the Medicaid-certified	144965
capacity of individual ICFs/IID and the total number of ICF/IID	144966
beds in the state for the purpose of increasing the service	144967
choices and community integration of individuals eligible for	144968
ICF/IID services.	144969

Section 259.240. NONFEDERAL SHARE OF ICF/IID SERVICES

144970

(A) As used in this section, "ICF/IID," "ICF/IID services,"	144971
and "Medicaid-certified capacity" have the same meanings as in	144972
section 5124.01 of the Revised Code.	144973

(B) The Director of Developmental Disabilities shall pay the	144974
nonfederal share of a claim for ICF/IID services using funds	144975
specified in division (C) of this section if all of the following	144976
apply:	144977

(1) Medicaid covers the ICF/IID services.

144978

(2) The ICF/IID services are provided to a Medicaid recipient	144979
to whom both of the following apply:	144980

(a) The Medicaid recipient is eligible for the ICF/IID	144981
services;	144982

(b) The Medicaid recipient does not occupy a bed in the	144983
ICF/IID that used to be included in the Medicaid-certified	144984
capacity of another ICF/IID certified by the Director of Health	144985
before June 1, 2003.	144986

(3) The ICF/IID services are provided by an ICF/IID whose	144987
Medicaid certification by the Director of Health was initiated or	144988
supported by a county board of developmental disabilities.	144989

(4) The provider of the ICF/IID services has a valid Medicaid	144990
provider agreement for the services for the time that the services	144991
are provided.	144992

(C) When required by division (B) of this section to pay the	144993
nonfederal share of a claim, the Director of Developmental	144994
Disabilities shall use the following funds to pay the claim:	144995

(1) Funds available from appropriation item 322501, County	144996
Boards Subsidies, that the Director allocates to the county board	144997
that initiated or supported the Medicaid certification of the	144998
ICF/IID that provided the ICF/IID services for which the claim is	144999
made;	145000

(2) If the amount of funds used pursuant to division (C)(1)	145001
of this section is insufficient to pay the claim in full, an	145002
amount of funds that are needed to make up the difference and	145003
available from amounts the Director allocates to other county	145004
boards from appropriation item 322501, County Boards Subsidies.	145005

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	145006
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	145007

(A) As used in this section:

145008

"Converted facility" means an ICF/IID, or former ICF/IID,	145009
that converted some or all of its beds to providing home and	145010
community-based services under the IO Waiver pursuant to section	145011
5124.60 of the Revised Code.	145012

"Developmental center" and "ICF/IID" have the same meanings	145013
as in section 5124.01 of the Revised Code.	145014

"H.B. 153 increased Medicaid payment rate" means the total	145015
Medicaid payment rate for each fifteen minutes of routine	145016
homemaker/personal care services that was set by Section 263.20.70	145017
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	145018
Am. Sub. H.B. 487 of the 129th General Assembly.	145019

"IO Waiver" means the Medicaid waiver component, as defined	145020
in section 5166.01 of the Revised Code, known as Individual	145021
Options.	145022

"Public hospital" has the same meaning as in section 5122.01	145023
of the Revised Code.	145024

"Regular Medicaid payment rate" means the total Medicaid	145025
payment rate for each fifteen minutes of routine	145026
homemaker/personal care services that are available under the IO	145027
Waiver and to which this section does not apply.	145028

(B) This section applies to routine homemaker/personal care	145029
services to which both of the following apply:	145030

(1) The services are provided to an IO Waiver enrollee to	145031
whom all of the following apply:	145032

(a) The enrollee began to receive the services from the	145033
provider on or after July 1, 2011.	145034

(b) The enrollee resided in a developmental center, converted	145035
facility, or public hospital immediately before enrolling in the	145036
IO Wavier.	145037

(c) The Director of Developmental Disabilities has determined	145038
that the enrollee's special circumstances (including the	145039
enrollee's diagnosis, service needs, or length of stay at the	145040
developmental center, converted facility, or public hospital)	145041
warrants paying the Medicaid payment rate authorized by this	145042
section.	145043

(2) The provider of the services has a valid Medicaid	145044
provider agreement for the services for the period during which	145045
the enrollee receives the services from the provider.	145046

(C) The total Medicaid payment rate for each fifteen minutes	145047
of routine homemaker/personal care services to which this section	145048
applies and that are provided during the period beginning July 1,	145049
2013, and ending June 30, 2015, shall be the greater of the	145050
following:	145051

(1) The H.B. 153 increased Medicaid payment rate;

145052

(2) The regular Medicaid payment rate in effect at the time	145053
the services are provided.	145054

(D) Of the foregoing appropriation items 653407, Medicaid	145055
Services, and 653639, Medicaid Waiver Services, portions shall be	145056
used to pay the Medicaid payment rates determined in accordance	145057
with this section for certain homemaker/personal care services	145058
under the IO Waiver.	145059

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

145060

As used in this section, "authorizing statute" means a	145061
Revised Code section or provision of a Revised Code section that	145062
is cited in the Ohio Administrative Code as the statute that	145063
authorizes the adoption of a rule.	145064

The Director of Developmental Disabilities is not required to	145065
amend any rule for the sole purpose of updating the citation in	145066
the Ohio Administrative Code to the rule's authorizing statute to	145067
reflect that this act renumbers the authorizing statute or	145068
relocates it to another Revised Code section. Such citations shall	145069
be updated as the Director amends the rules for other purposes.	145070

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

145071

This act repeals section 5111.236 of the Revised Code to	145072
carry out the intent of the Governor as indicated in the veto	145073
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	145074
transmitted to the Clerk of the House of Representatives on July	145075
17, 2009. The actual veto removed the section from the title and	145076
enacting clause of H.B. 1 and an earmark related to the section.	145077
However, the actual veto inadvertently showed only division (C) of	145078
the section, rather than the entire section, as being vetoed.	145079

Section 261.10. OBD OHIO BOARD OF DIETETICS

145080

General Services Fund Group	145081

4K90	860609	Operating Expenses	$	330,592	$	342,592	145082
TOTAL GSF General Services Fund							145083
Group			$	330,592	$	342,592	145084
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	145085

Section 263.10. EDU DEPARTMENT OF EDUCATION

145087

General Revenue Fund	145088

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	145089
GRF	200408	Early Childhood Education	$	23,268,341	$	25,268,341	145090
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	145091
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	145092
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	145093
GRF	200424	Policy Analysis	$	328,558	$	328,558	145094
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	145095
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	145096
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	145097
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	145098
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	145099
GRF	200442	Child Care Licensing	$	827,140	$	827,140	145100
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	145101
GRF	200447	GED Testing	$	879,551	$	879,551	145102
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	145103
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	145104
GRF	200464	General Technology Operations	$	192,097	$	192,097	145105
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	145106
GRF	200468	Ready to Learn	$	5,050,000	$	5,050,000	145107
GRF	200502	Pupil Transportation	$	505,013,527	$	518,513,527	145108
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	145109
GRF	200511	Auxiliary Services	$	130,547,795	$	134,881,982	145110
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,973,586	$	60,931,509	145111
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	145112
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	145113
GRF	200550	Foundation Funding	$	5,808,807,929	$	6,004,142,692	145114
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	145115
TOTAL GRF General Revenue Fund			$	7,981,089,371	$	8,255,498,454	145116

General Services Fund Group	145117

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	145118
4520	200638	Fees and Refunds	$	500,000	$	500,000	145119
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	145120
5960	200656	Ohio Career Information System	$	529,761	$	529,761	145121
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	145122
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	145123
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	145124
TOTAL GSF General Services							145125
Fund Group			$	41,764,032	$	47,108,544	145126

Federal Special Revenue Fund Group	145127

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	145128
3670	200607	School Food Services	$	8,200,664	$	8,700,149	145129
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	145130
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	145131
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	145132
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	145133
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	145134
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	145135
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	145136
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	145137
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	145138
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	145139
3EK0	200637	Advanced Placement	$	450,000	$	450,000	145140
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	145141
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	145142
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	145143
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	145144
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	145145
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	145146
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	145147
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	145148
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	145149
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	145150
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	145151
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	145152
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	145153
3T40	200613	Public Charter Schools	$	500,000	$	0	145154
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	145155
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	145156
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	145157
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	145158
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	145159
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	145160
TOTAL FED Federal Special							145161
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	145162

State Special Revenue Fund Group	145163

4540	200610	GED Testing	$	1,050,000	$	250,000	145164
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	145165
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	145166
4V70	200633	Interagency Program Support	$	717,725	$	717,725	145167
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	145168
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	145169
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	145170
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	145171
5U20	200685	National Education Statistics	$	300,000	$	300,000	145172
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	145173
TOTAL SSR State Special Revenue							145174
Fund Group			$	53,996,635	$	54,149,635	145175

Lottery Profits Education Fund Group	145176

7017	200612	Foundation Funding	$	775,000,000	$	850,000,000	145177
7017	200648	Straight A Fund	$	50,000,000	$	100,000,000	145178
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	145179
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	145180
TOTAL LPE Lottery Profits							145181
Education Fund Group			$	841,000,000	$	974,500,000	145182

Revenue Distribution Fund Group	145183

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	145184
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	145185
TOTAL RDF Revenue Distribution							145186
Fund Group			$	510,000,000	$	510,000,000	145187
TOTAL ALL BUDGET FUND GROUPS			$	11,465,895,036	$	11,818,660,088	145188

Section 263.20. OPERATING EXPENSES

145190

A portion of the foregoing appropriation item 200321,	145191
Operating Expenses, shall be used by the Department of Education	145192
to provide matching funds under 20 U.S.C. 2321.	145193

EARLY CHILDHOOD EDUCATION

145194

The Department of Education shall distribute the foregoing	145195
appropriation item 200408, Early Childhood Education, to pay the	145196
costs of early childhood education programs.	145197

(A) As used in this section:

145198

(1) "Provider" means a city, local, exempted village, or	145199
joint vocational school district, or an educational service	145200
center.	145201

(2) In the case of a city, local, or exempted village school	145202
district, "new eligible provider" means a district that did not	145203
receive state funding for Early Childhood Education in the	145204
previous fiscal year or demonstrates a need for early childhood	145205
programs as defined in division (D) of this section.	145206

(3) "Eligible child" means a child who is at least three	145207
years of age as of the district entry date for kindergarten, is	145208
not of the age to be eligible for kindergarten, and whose family	145209
earns not more than two hundred per cent of the federal poverty	145210
guidelines as defined in division (A)(3) of section 5101.46 of the	145211
Revised Code. Children with an Individualized Education Program	145212
and where the Early Childhood Education program is the least	145213
restrictive environment may be enrolled on their third birthday.	145214

(4) "Early learning program standards" means early learning	145215
program standards for school readiness developed by the Department	145216
to assess the operation of early learning programs.	145217

(B) In each fiscal year, up to two per cent of the total	145218
appropriation may be used by the Department for program support	145219
and technical assistance. The Department shall distribute the	145220
remainder of the appropriation in each fiscal year to serve	145221
eligible children.	145222

(C) The Department shall provide an annual report to the	145223
Governor, the Speaker of the House of Representatives, and the	145224
President of the Senate and post the report to the Department's	145225
web site, regarding early childhood education programs operated	145226
under this section and the early learning program standards.	145227

(D) After setting aside the amounts to make payments due from	145228
the previous fiscal year, in fiscal year 2014, the Department	145229
shall distribute funds first to recipients of funds for early	145230
childhood education programs under Section 267.10.10 of Am. Sub.	145231
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	145232
H.B. 487 of the 129th General Assembly, in the previous fiscal	145233
year and the balance to new eligible providers of early childhood	145234
education programs under this section or to existing providers to	145235
serve more eligible children or for purposes of program expansion,	145236
improvement, or special projects to promote quality and	145237
innovation.	145238

After setting aside the amounts to make payments due from the	145239
previous fiscal year, in fiscal year 2015, the Department shall	145240
distribute funds first to providers of early childhood education	145241
programs under this section in the previous fiscal year and the	145242
balance to new eligible providers or to existing providers to	145243
serve more eligible children as outlined under division (E) of	145244
this section or for purposes of program expansion, improvement, or	145245
special projects to promote quality and innovation.	145246

(E) The Department shall distribute any new or remaining	145247
funding to existing providers of early childhood education	145248
programs or any new eligible providers in an effort to invest in	145249
high quality early childhood programs where there is a need as	145250
determined by the Department. The Department shall distribute the	145251
new or remaining funds to existing providers of early childhood	145252
education programs or any new eligible providers to serve	145253
additional eligible children based on community economic	145254
disadvantage, limited access to high quality preschool or	145255
childcare services, and demonstration of high quality preschool	145256
services as determined by the Department using new metrics	145257
developed pursuant to Ohio's Race to the Top—Early Learning	145258
Challenge Grant, awarded to the Department in December 2011.	145259

Awards under divisions (D) and (E) of this section shall be	145260
distributed on a per-pupil basis, and in accordance with division	145261
(I) of this section. The Department may adjust the per-pupil	145262
amount so that the per-pupil amount multiplied by the number of	145263
eligible children enrolled and receiving services on the first day	145264
of December or the business day closest to that date equals the	145265
amount allocated under this section.	145266

(F) Costs for developing and administering an early childhood	145267
education program may not exceed fifteen per cent of the total	145268
approved costs of the program.	145269

All providers shall maintain such fiscal control and	145270
accounting procedures as may be necessary to ensure the	145271
disbursement of, and accounting for, these funds. The control of	145272
funds provided in this program, and title to property obtained,	145273
shall be under the authority of the approved provider for purposes	145274
provided in the program unless, as described in division (K) of	145275
this section, the program waives its right for funding or a	145276
program's funding is eliminated or reduced due to its inability to	145277
meet financial or early learning program standards. The approved	145278
provider shall administer and use such property and funds for the	145279
purposes specified.	145280

(G) The Department may examine a provider's financial and	145281
program records. If the financial practices of the program are not	145282
in accordance with standard accounting principles or do not meet	145283
financial standards outlined under division (F) of this section,	145284
or if the program fails to substantially meet the early learning	145285
program standards, meet a quality rating level in the tiered	145286
quality rating and improvement system developed under section	145287
5104.30 of the Revised Code as prescribed by the Department, or	145288
exhibits below average performance as measured against the	145289
standards, the early childhood education program shall propose and	145290
implement a corrective action plan that has been approved by the	145291
Department. The approved corrective action plan shall be signed by	145292
the chief executive officer and the executive of the official	145293
governing body of the provider. The corrective action plan shall	145294
include a schedule for monitoring by the Department. Such	145295
monitoring may include monthly reports, inspections, a timeline	145296
for correction of deficiencies, and technical assistance to be	145297
provided by the Department or obtained by the early childhood	145298
education program. The Department may withhold funding pending	145299
corrective action. If an early childhood education program fails	145300
to satisfactorily complete a corrective action plan, the	145301
Department may deny expansion funding to the program or withdraw	145302
all or part of the funding to the program and establish a new	145303
eligible provider through a selection process established by the	145304
Department.	145305

(H) Each early childhood education program shall do all of	145306
the following:	145307

(1) Meet teacher qualification requirements prescribed by	145308
section 3301.311 of the Revised Code;	145309

(2) Align curriculum to the early learning content standards	145310
developed by the Department;	145311

(3) Meet any child or program assessment requirements	145312
prescribed by the Department;	145313

(4) Require teachers, except teachers enrolled and working to	145314
obtain a degree pursuant to section 3301.311 of the Revised Code,	145315
to attend a minimum of twenty hours every two years of	145316
professional development as prescribed by the Department;	145317

(5) Document and report child progress as prescribed by the	145318
Department;	145319

(6) Meet and report compliance with the early learning	145320
program standards as prescribed by the Department;	145321

(7) Participate in the tiered quality rating and improvement	145322
system developed under section 5104.30 of the Revised Code.	145323
Effective July 1, 2016, all programs shall be rated through the	145324
system.	145325

(I) Per-pupil funding for programs subject to this section	145326
shall be sufficient to provide eligible children with services for	145327
a standard early childhood schedule which shall be defined in this	145328
section as a minimum of twelve and one-half hours per school week	145329
as defined in section 3313.62 of the Revised Code for the minimum	145330
school year as defined in sections 3313.48, 3313.481, and 3313.482	145331
of the Revised Code. Nothing in this section shall be construed to	145332
prohibit program providers from utilizing other funds to serve	145333
eligible children in programs that exceed the twelve and one-half	145334
hours per week or that exceed the minimum school year. For any	145335
provider for which a standard early childhood education schedule	145336
creates a hardship or for which the provider shows evidence that	145337
the provider is working in collaboration with a preschool special	145338
education program, the provider may submit a waiver to the	145339
Department requesting an alternate schedule. If the Department	145340
approves a waiver for an alternate schedule that provides services	145341
for less time than the standard early childhood education	145342
schedule, the Department may reduce the provider's annual	145343
allocation proportionately. Under no circumstances shall an annual	145344
allocation be increased because of the approval of an alternate	145345
schedule.	145346

(J) Each provider shall develop a sliding fee scale based on	145347
family incomes and shall charge families who earn more than two	145348
hundred per cent of the federal poverty guidelines, as defined in	145349
division (A)(3) of section 5101.46 of the Revised Code, for the	145350
early childhood education program.	145351

The Department shall conduct an annual survey of each	145352
provider to determine whether the provider charges families	145353
tuition or fees, the amount families are charged relative to	145354
family income levels, and the number of families and students	145355
charged tuition and fees for the early childhood program.	145356

(K) If an early childhood education program voluntarily	145357
waives its right for funding, or has its funding eliminated for	145358
not meeting financial standards or the early learning program	145359
standards, the provider shall transfer control of title to	145360
property, equipment, and remaining supplies obtained through the	145361
program to providers designated by the Department and return any	145362
unexpended funds to the Department along with any reports	145363
prescribed by the Department. The funding made available from a	145364
program that waives its right for funding or has its funding	145365
eliminated or reduced may be used by the Department for new grant	145366
awards or expansion grants. The Department may award new grants or	145367
expansion grants to eligible providers who apply. The eligible	145368
providers who apply must do so in accordance with the selection	145369
process established by the Department.	145370

(L) Eligible expenditures for the Early Childhood Education	145371
Program shall be claimed each fiscal year to help meet the state's	145372
TANF maintenance of effort requirement. The Superintendent of	145373
Public Instruction and the Director of Job and Family Services	145374
shall enter into an interagency agreement to carry out the	145375
requirements under this division, which shall include developing	145376
reporting guidelines for these expenditures.	145377

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	145378
SUPPORT	145379

The foregoing appropriation item 200420, Information	145380
Technology Development and Support, shall be used to support the	145381
development and implementation of information technology solutions	145382
designed to improve the performance and services of the Department	145383
of Education. Funds may be used for personnel, maintenance, and	145384
equipment costs related to the development and implementation of	145385
these technical system projects. Implementation of these systems	145386
shall allow the Department to provide greater levels of assistance	145387
to school districts and to provide more timely information to the	145388
public, including school districts, administrators, and	145389
legislators. Funds may also be used to support data-driven	145390
decision-making and differentiated instruction, as well as to	145391
communicate academic content standards and curriculum models to	145392
schools through web-based applications.	145393

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

145394

The foregoing appropriation item 200421, Alternative	145395
Education Programs, shall be used for the renewal of successful	145396
implementation grants and for competitive matching grants to	145397
school districts for alternative educational programs for existing	145398
and new at-risk and delinquent youth. Programs shall be focused on	145399
youth in one or more of the following categories: those who have	145400
been expelled or suspended, those who have dropped out of school	145401
or who are at risk of dropping out of school, those who are	145402
habitually truant or disruptive, or those on probation or on	145403
parole from a Department of Youth Services facility. Grants shall	145404
be awarded only to programs in which the grant will not serve as	145405
the program's primary source of funding. These grants shall be	145406
administered by the Department of Education.	145407

The Department of Education may waive compliance with any	145408
minimum education standard established under section 3301.07 of	145409
the Revised Code for any alternative school that receives a grant	145410
under this section on the grounds that the waiver will enable the	145411
program to more effectively educate students enrolled in the	145412
alternative school.	145413

Of the foregoing appropriation item 200421, Alternative	145414
Education Programs, a portion may be used for program	145415
administration, monitoring, technical assistance, support,	145416
research, and evaluation.	145417

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

145418

Of the foregoing appropriation item 200422, School Management	145419
Assistance, $1,000,000 in each fiscal year shall be used by the	145420
Auditor of State in consultation with the Department of Education	145421
for expenses incurred in the Auditor of State's role relating to	145422
fiscal caution, fiscal watch, and fiscal emergency activities as	145423
defined in Chapter 3316. of the Revised Code, unless an amount	145424
less than $1,000,000 is needed and mutually agreed to by the	145425
Department and the Auditor of State. This set-aside may also be	145426
used by the Auditor of State to conduct performance audits of	145427
other school districts with priority given to districts in fiscal	145428
distress. Districts in fiscal distress shall be determined by the	145429
Auditor of State and shall include districts that the Auditor of	145430
State, in consultation with the Department of Education,	145431
determines are employing fiscal practices or experiencing	145432
budgetary conditions that could produce a state of fiscal watch or	145433
fiscal emergency.	145434

The remainder of appropriation item 200422, School Management	145435
Assistance, shall be used by the Department of Education to	145436
provide fiscal technical assistance and inservice education for	145437
school district management personnel and to administer, monitor,	145438
and implement the fiscal caution, fiscal watch, and fiscal	145439
emergency provisions under Chapter 3316. of the Revised Code.	145440

Section 263.60. POLICY ANALYSIS

145441

The foregoing appropriation item 200424, Policy Analysis,	145442
shall be used by the Department of Education to support a system	145443
of administrative, statistical, and legislative education	145444
information to be used for policy analysis. Staff supported by	145445
this appropriation shall administer the development of reports,	145446
analyses, and briefings to inform education policymakers of	145447
current trends in education practice, efficient and effective use	145448
of resources, and evaluation of programs to improve education	145449
results. The database shall be kept current at all times. These	145450
research efforts shall be used to supply information and analysis	145451
of data to the General Assembly and other state policymakers,	145452
including the Office of Budget and Management, the Governor's	145453
Office of 21st Century Education, and the Legislative Service	145454
Commission.	145455

The Department of Education may use funding from this	145456
appropriation item to purchase or contract for the development of	145457
software systems or contract for policy studies that will assist	145458
in the provision and analysis of policy-related information.	145459
Funding from this appropriation item also may be used to monitor	145460
and enhance quality assurance for research-based policy analysis	145461
and program evaluation to enhance the effective use of education	145462
information to inform education policymakers.	145463

TECH PREP CONSORTIA SUPPORT

145464

The foregoing appropriation item 200425, Tech Prep Consortia	145465
Support, shall be used by the Department of Education to support	145466
state-level activities designed to support, promote, and expand	145467
tech prep programs. Use of these funds shall include, but not be	145468
limited to, administration of grants, program evaluation,	145469
professional development, curriculum development, assessment	145470
development, program promotion, communications, and statewide	145471
coordination of tech prep consortia.	145472

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

145473

The foregoing appropriation item 200426, Ohio Educational	145474
Computer Network, shall be used by the Department of Education to	145475
maintain a system of information technology throughout Ohio and to	145476
provide technical assistance for such a system in support of the	145477
P-16 State Education Technology Plan developed under section	145478
3353.09 of the Revised Code.	145479

Of the foregoing appropriation item 200426, Ohio Educational	145480
Computer Network, up to $10,705,569 in each fiscal year shall be	145481
used by the Department of Education to support connection of all	145482
public school buildings and participating chartered nonpublic	145483
schools to the state's education network, to each other, and to	145484
the Internet. In each fiscal year the Department of Education	145485
shall use these funds to assist information technology centers or	145486
school districts with the operational costs associated with this	145487
connectivity. The Department of Education shall develop a formula	145488
and guidelines for the distribution of these funds to information	145489
technology centers or individual school districts. As used in this	145490
section, "public school building" means a school building of any	145491
city, local, exempted village, or joint vocational school	145492
district, any community school established under Chapter 3314. of	145493
the Revised Code, any college preparatory boarding school	145494
established under Chapter 3328. of the Revised Code, any STEM	145495
school established under Chapter 3326. of the Revised Code, any	145496
educational service center building used for instructional	145497
purposes, the Ohio School for the Deaf and the Ohio School for the	145498
Blind, high schools chartered by the Ohio Department of Youth	145499
Services, or high schools operated by Ohio Department of	145500
Rehabilitation and Corrections' Ohio Central School System.	145501

Of the foregoing appropriation item 200426, Ohio Educational	145502
Computer Network, up to $2,500,000 in each fiscal year shall be	145503
used for the Union Catalog and InfOhio Network and to support the	145504
provision of electronic resources with priority given to resources	145505
that support the teaching of state academic content standards in	145506
all public schools. Consideration shall be given by the Department	145507
of Education to coordinating the allocation of these moneys with	145508
the efforts of Libraries Connect Ohio, whose members include	145509
OhioLINK, the Ohio Public Information Network, and the State	145510
Library of Ohio.	145511

Of the foregoing appropriation item 200426, Ohio Educational	145512
Computer Network, up to $5,220,000 in each fiscal year shall be	145513
used, through a formula and guidelines devised by the Department,	145514
to subsidize the activities of designated information technology	145515
centers, as defined by State Board of Education rules, to provide	145516
school districts and chartered nonpublic schools with	145517
computer-based student and teacher instructional and	145518
administrative information services, including approved	145519
computerized financial accounting, and to ensure the effective	145520
operation of local automated administrative and instructional	145521
systems.	145522

Of the foregoing appropriation item 200426, Ohio Educational	145523
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	145524
used for middle mile connections for the information technology	145525
centers established under section 3301.075 of the Revised Code and	145526
select large urban districts to connect to the state broadband	145527
backbone managed by the Ohio Technology Consortium and for other	145528
connectivity upgrades necessary for K-12 school buildings with	145529
severely restricted broadband connections. The Department of	145530
Education shall develop an expenditure plan to facilitate	145531
instructional technology/blended learning initiatives. The State	145532
Chief Information Officer and the Education Technology Division of	145533
the Ohio Board of Regents shall review the plan to ensure it	145534
coincides with State of Ohio and higher education network	145535
strategies and shall either approve or reject the plan. If the	145536
plan is rejected, the State Chief Information Officer and the	145537
Education Technology Division of the Ohio Board of Regents shall	145538
identify deficiencies in the plan and work with the Department to	145539
complete an acceptable plan. "Select large urban districts" are	145540
those districts that connect to the state broadband backbone	145541
directly rather than through an information technology center. At	145542
the request of the Superintendent of Public Instruction, the	145543
Director of Budget and Management may authorize the expenditure in	145544
fiscal year 2015 of any unexpended and unencumbered portion of	145545
this set-aside at the end of fiscal year 2014. The authorized	145546
expenditure is hereby reappropriated to the Department for the	145547
same purpose for fiscal year 2015.	145548

The remainder of appropriation item 200426, Ohio Educational	145549
Computer Network, shall be used to support the work of the	145550
development, maintenance, and operation of a network of uniform	145551
and compatible computer-based information and instructional	145552
systems as well as the teacher student linkage/roster verification	145553
process and the eTranscript/student records exchange initiative.	145554
This technical assistance shall include, but not be restricted to,	145555
development and maintenance of adequate computer software systems	145556
to support network activities. In order to improve the efficiency	145557
of network activities, the Department and information technology	145558
centers may jointly purchase equipment, materials, and services	145559
from funds provided under this appropriation for use by the	145560
network and, when considered practical by the Department, may	145561
utilize the services of appropriate state purchasing agencies.	145562

Section 263.80. ACADEMIC STANDARDS

145563

The foregoing appropriation item 200427, Academic Standards,	145564
shall be used by the Department of Education to develop, revise,	145565
and communicate to school districts academic content standards and	145566
curriculum models and to develop professional development programs	145567
and other tools on the new content standards and model curriculum.	145568

Section 263.90. STUDENT ASSESSMENT

145569

Of the foregoing appropriation item 200437, Student	145570
Assessment, up to $95,000 in each fiscal year may be used to	145571
support the assessments required under section 3301.0715 of the	145572
Revised Code.	145573

The remainder of appropriation item 200437, Student	145574
Assessment, shall be used to develop, field test, print,	145575
distribute, score, report results, and support other associated	145576
costs for the tests required under sections 3301.0710, 3301.0711,	145577
and 3301.0712 of the Revised Code and for similar purposes as	145578
required by section 3301.27 of the Revised Code. The funds may	145579
also be used to update and develop diagnostic assessments required	145580
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	145581
Code.	145582

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	145583
ASSESSMENT	145584

In fiscal year 2014 and fiscal year 2015, if the	145585
Superintendent of Public Instruction determines that additional	145586
funds are needed to fully fund the requirements of sections	145587
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	145588
and this act for assessments of student performance, the	145589
Superintendent of Public Instruction may recommend the	145590
reallocation of unexpended and unencumbered General Revenue Fund	145591
appropriations within the Department of Education to appropriation	145592
item 200437, Student Assessment, to the Director of Budget and	145593
Management. If the Director of Budget and Management determines	145594
that such a reallocation is required, the Director of Budget and	145595
Management may transfer unexpended and unencumbered appropriations	145596
within the Department of Education as necessary to appropriation	145597
item 200437, Student Assessment. If these transferred	145598
appropriations are not sufficient to fully fund the assessment	145599
requirements in fiscal year 2014 or fiscal year 2015, the	145600
Superintendent of Public Instruction may request that the	145601
Controlling Board transfer up to $9,000,000 cash from the Lottery	145602
Profits Education Reserve Fund (Fund 7018) to the General Revenue	145603
Fund. Upon approval of the Controlling Board, the Director of	145604
Budget and Management shall transfer the cash. These transferred	145605
funds are hereby appropriated for the same purpose as	145606
appropriation item 200437, Student Assessment.	145607

Section 263.100. Notwithstanding anything to the contrary in	145608
sections 3301.0710 and 3301.0711 of the Revised Code, in the	145609
2013-2014 school year, the Department of Education shall not	145610
furnish, and school districts and schools shall not administer,	145611
the elementary writing and social studies achievement assessments	145612
prescribed by section 3301.0710 of the Revised Code, unless the	145613
Superintendent of Public Instruction determines the Department has	145614
sufficient funds to pay the costs of furnishing and scoring those	145615
assessments.	145616

Section 263.110. ACCOUNTABILITY/REPORT CARDS

145617

Of the foregoing appropriation item 200439,	145618
Accountability/Report Cards, a portion in each fiscal year may be	145619
used to train district and regional specialists and district	145620
educators in the use of the value-added progress dimension and in	145621
the use of data as it relates to improving student achievement.	145622
This training may include teacher and administrator professional	145623
development in the use of data to improve instruction and student	145624
learning, and teacher and administrator training in understanding	145625
teacher value-added reports and how they can be used as a	145626
component in measuring teacher and administrator effectiveness. A	145627
portion of this funding may be provided to a credible nonprofit	145628
organization with expertise in value-added progress dimensions.	145629

The remainder of appropriation item 200439,	145630
Accountability/Report Cards, shall be used by the Department to	145631
incorporate a statewide value-added progress dimension into	145632
performance ratings for school districts and for the development	145633
of an accountability system that includes the preparation and	145634
distribution of school report cards, funding and expenditure	145635
accountability reports under sections 3302.03 and 3302.031 of the	145636
Revised Code, and the development and maintenance of teacher	145637
value-added reports.	145638

CHILD CARE LICENSING

145639

The foregoing appropriation item 200442, Child Care	145640
Licensing, shall be used by the Department of Education to license	145641
and to inspect preschool and school-age child care programs under	145642
sections 3301.52 to 3301.59 of the Revised Code.	145643

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

145644

The foregoing appropriation item 200446, Education Management	145645
Information System, shall be used by the Department of Education	145646
to improve the Education Management Information System (EMIS).	145647

Of the foregoing appropriation item 200446, Education	145648
Management Information System, up to $729,000 in each fiscal year	145649
shall be distributed to designated information technology centers	145650
for costs relating to processing, storing, and transferring data	145651
for the effective operation of the EMIS. These costs may include,	145652
but are not limited to, personnel, hardware, software development,	145653
communications connectivity, professional development, and support	145654
services, and to provide services to participate in the State	145655
Education Technology Plan developed under section 3353.09 of the	145656
Revised Code.	145657

The remainder of appropriation item 200446, Education	145658
Management Information System, shall be used to develop and	145659
support a common core of data definitions and standards as adopted	145660
by the Education Management Information System Advisory Board,	145661
including the ongoing development and maintenance of the data	145662
dictionary and data warehouse. In addition, such funds shall be	145663
used to support the development and implementation of data	145664
standards; the design, development, and implementation of a new	145665
data exchange system; and responsibilities related to the school	145666
report cards prescribed by section 3302.03 of the Revised Code and	145667
value-added progress dimension calculations.	145668

Any provider of software meeting the standards approved by	145669
the Education Management Information System Advisory Board shall	145670
be designated as an approved vendor and may enter into contracts	145671
with local school districts, community schools, STEMS schools,	145672
information technology centers, or other educational entities for	145673
the purpose of collecting and managing data required under Ohio's	145674
education management information system (EMIS) laws. On an annual	145675
basis, the Department of Education shall convene an advisory group	145676
of school districts, community schools, and other	145677
education-related entities to review the Education Management	145678
Information System data definitions and data format standards. The	145679
advisory group shall recommend changes and enhancements based upon	145680
surveys of its members, education agencies in other states, and	145681
current industry practices, to reflect best practices, align with	145682
federal initiatives, and meet the needs of school districts.	145683

School districts, STEM schools, and community schools not	145684
implementing a common and uniform set of data definitions and data	145685
format standards for Education Management Information System	145686
purposes shall have all EMIS funding withheld until they are in	145687
compliance.	145688

Section 263.130. GED TESTING

145689

The foregoing appropriation item 200447, GED Testing, shall	145690
be used to provide General Educational Development (GED) testing	145691
under rules adopted by the State Board of Education.	145692

Section 263.140. EDUCATOR PREPARATION

145693

Of the foregoing appropriation item 200448, Educator	145694
Preparation, up to $500,000 in each fiscal year may be used by the	145695
Department of Education to monitor and support Ohio's State System	145696
of Support in accordance with the "No Child Left Behind Act of	145697
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	145698
and Secondary Education Act flexibility waivers approved for Ohio	145699
by the United States Department of Education.	145700

Of the foregoing appropriation item 200448, Educator	145701
Preparation, up to $100,000 in each fiscal year may be used by the	145702
Department to support the Educator Standards Board under section	145703
3319.61 of the Revised Code and reforms under sections 3302.042,	145704
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	145705
3319.58 of the Revised Code.	145706

The remainder of the foregoing appropriation item 200448,	145707
Educator Preparation, in fiscal year 2015 may be used for	145708
implementation of teacher and principal evaluation systems,	145709
including incorporation of student growth as a metric in those	145710
systems, and teacher value-added reports.	145711

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

145712

The foregoing appropriation item 200455, Community Schools	145713
and Choice Programs, may be used by the Department of Education	145714
for additional services and responsibilities under section 3314.11	145715
of the Revised Code and for operation of the school choice	145716
programs.	145717

Of the foregoing appropriation item 200455, Community Schools	145718
and Choice Programs, a portion in each fiscal year may be used by	145719
the Department of Education for developing and conducting training	145720
sessions for community schools and sponsors and prospective	145721
sponsors of community schools as prescribed in division (A)(1) of	145722
section 3314.015 of the Revised Code, and other schools	145723
participating in school choice programs.	145724

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	145725
DEVELOPMENT	145726

The foregoing appropriation item 200465, Technology	145727
Integration and Professional Development, shall be used by the	145728
Department of Education to contract with educational television	145729
stations and education technology centers to provide Ohio public	145730
schools with instructional resources and services, with priority	145731
given to resources and services aligned with state academic	145732
content standards. Such resources and services shall be based upon	145733
the advice and approval of the Department, based on a formula used	145734
by the former eTech Ohio Commission unless and until a substitute	145735
formula is developed in consultation with the Ohio Board of	145736
Regents.	145737

Section 263.163. READY TO LEARN

145738

Of the foregoing appropriation item 200468, Ready to Learn,	145739
up to $50,000 in each fiscal year shall be used to support the	145740
operations of the "Ready, Set, Go...to Kindergarten" Program at	145741
the Horizon Education Center in Lorain County. The effectiveness	145742
of the program shall be evaluated and reported to the Department	145743
of Education in a study that includes statistics on program	145744
participants' scores for the "Get It, Got It, Go!" assessment and	145745
the kindergarten readiness assessment.	145746

The Department of Education shall distribute the remainder of	145747
the foregoing appropriation item 200468, Ready to Learn, to	145748
contract with eligible providers of early childhood education	145749
programs under this section.	145750

(A) As used in this section:

145751

(1) "Eligible provider" means a private early childhood	145752
education program provider that meets at least the third highest	145753
rating level in the tiered quality rating and improvement system	145754
developed under section 5104.30 of the Revised Code or a public	145755
early childhood education provider.	145756

(2) "Eligible child" means a child who is at least three	145757
years of age as of the district entry date for kindergarten, is	145758
not enrolled in kindergarten, and whose family earns not more than	145759
two hundred per cent of the federal poverty guidelines as defined	145760
in division (A)(3) of section 5101.46 of the Revised Code.	145761

(3) "Early learning program standards" means early learning	145762
program standards for school readiness developed by the Department	145763
to assess the operation of early learning programs.	145764

(B) The Department shall distribute funding to eligible	145765
providers on a per-pupil basis. The per-pupil amount shall be such	145766
that funding is provided for 2,200 eligible children in each	145767
fiscal year. The Department shall distribute funding so that at	145768
least three eligible children are funded in each county.	145769

(C) Each early childhood education program receiving funding	145770
under this section shall do all of the following:	145771

(1) Meet teacher qualification requirements prescribed by	145772
section 3301.311 of the Revised Code;	145773

(2) Align curriculum to the early learning content standards	145774
developed by the Department;	145775

(3) Meet any child or program assessment requirements	145776
prescribed by the Department;	145777

(4) Require teachers, except teachers enrolled and working to	145778
obtain a degree pursuant to section 3301.311 of the Revised Code,	145779
to attend a minimum of twenty hours every two years of	145780
professional development as prescribed by the Department;	145781

(5) Document and report child progress as prescribed by the	145782
Department;	145783

(6) Meet and report compliance with the early learning	145784
program standards as prescribed by the Department;	145785

(7) Participate in the tiered quality rating and improvement	145786
system developed under section 5104.30 of the Revised Code.	145787

Section 263.170. PUPIL TRANSPORTATION

145788

Of the foregoing appropriation item 200502, Pupil	145789
Transportation, up to $838,930 in each fiscal year may be used by	145790
the Department of Education for training prospective and	145791
experienced school bus drivers in accordance with training	145792
programs prescribed by the Department. Up to $60,469,220 in each	145793
fiscal year may be used by the Department of Education for special	145794
education transportation reimbursements to school districts and	145795
county DD boards for transportation operating costs as provided in	145796
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	145797
to $5,000,000 in fiscal year 2014 may be used by the Department of	145798
Education to reimburse school districts that make payments to	145799
parents in lieu of transportation under section 3327.02 of the	145800
Revised Code and whose transportation is not funded under division	145801
(C) of section 3317.024 of the Revised Code.	145802

Of the foregoing appropriation item 200502, Pupil	145803
Transportation, up to $25,300,000 in fiscal year 2014 and up to	145804
$23,100,000 in fiscal year 2015 shall be used for additional	145805
transportation aid for school districts as provided by division	145806
(G)(2) of section 3317.0212 of the Revised Code, as amended by	145807
this act. The Department shall pay each school district a pro rata	145808
portion of the amounts calculated so that the amount appropriated	145809
is not exceeded.	145810

The remainder of appropriation item 200502, Pupil	145811
Transportation, shall be used to distribute the amounts calculated	145812
for transportation aid under division (G)(1) of section 3317.0212	145813
of the Revised Code, as amended by this act.	145814

Section 263.180. SCHOOL LUNCH MATCH

145815

The foregoing appropriation item 200505, School Lunch Match,	145816
shall be used to provide matching funds to obtain federal funds	145817
for the school lunch program.	145818

Any remaining appropriation after providing matching funds	145819
for the school lunch program may be used to partially reimburse	145820
school buildings within school districts that are required to have	145821
a school breakfast program under section 3313.813 of the Revised	145822
Code, at a rate decided by the Department.	145823

Section 263.190. AUXILIARY SERVICES

145824

The foregoing appropriation item 200511, Auxiliary Services,	145825
shall be used by the Department of Education for the purpose of	145826
implementing section 3317.06 of the Revised Code. Of the	145827
appropriation, up to $1,888,106 in fiscal year 2014 and up to	145828
$1,944,949 in fiscal year 2015 may be used for payment of the	145829
Post-Secondary Enrollment Program for nonpublic students, except	145830
that in fiscal year 2014 the Department may spend above the	145831
set-aside to pay for outstanding obligations for the	145832
Post-Secondary Enrollment Options Program in fiscal year 2013.	145833

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

145834

The foregoing appropriation item 200532, Nonpublic	145835
Administrative Cost Reimbursement, shall be used by the Department	145836
of Education for the purpose of implementing section 3317.063 of	145837
the Revised Code.	145838

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

145839

Of the foregoing appropriation item 200540, Special Education	145840
Enhancements, up to $50,000,000 in each fiscal year shall be used	145841
to fund special education and related services at county boards of	145842
developmental disabilities for eligible students under section	145843
3317.20 of the Revised Code and at institutions for eligible	145844
students under section 3317.201 of the Revised Code. If necessary,	145845
the Department shall proportionately reduce the amount calculated	145846
for each county board of developmental disabilities and	145847
institution so as not to exceed the amount appropriated in each	145848
fiscal year.	145849

Of the foregoing appropriation item 200540, Special Education	145850
Enhancements, up to $1,333,468 in each fiscal year shall be used	145851
for parent mentoring programs.	145852

Of the foregoing appropriation item 200540, Special Education	145853
Enhancements, up to $2,537,824 in each fiscal year may be used for	145854
school psychology interns.	145855

The remainder of appropriation item 200540, Special Education	145856
Enhancements, shall be distributed by the Department of Education	145857
to school districts and institutions, as defined in section	145858
3323.091 of the Revised Code, for preschool special education	145859
funding under section 3317.0213 of the Revised Code. If necessary,	145860
the Department shall proportionately reduce the amount calculated	145861
for each school district and institution so as not to exceed the	145862
amount appropriated in each fiscal year.	145863

The Department may reimburse school districts and	145864
institutions for services provided by instructional assistants,	145865
related services as defined in rule 3301-51-11 of the	145866
Administrative Code, physical therapy services provided by a	145867
licensed physical therapist or physical therapist assistant under	145868
the supervision of a licensed physical therapist as required under	145869
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	145870
Administrative Code and occupational therapy services provided by	145871
a licensed occupational therapist or occupational therapy	145872
assistant under the supervision of a licensed occupational	145873
therapist as required under Chapter 4755. of the Revised Code and	145874
Chapter 4755-7 of the Administrative Code. Nothing in this section	145875
authorizes occupational therapy assistants or physical therapist	145876
assistants to generate or manage their own caseloads.	145877

The Department of Education shall require school districts,	145878
educational service centers, county DD boards, and institutions	145879
serving preschool children with disabilities to adhere to Ohio's	145880
early learning program standards, participate in the tiered	145881
quality rating and improvement system developed under section	145882
5104.30 of the Revised Code, and document child progress using	145883
research-based indicators prescribed by the Department and report	145884
results annually. The reporting dates and method shall be	145885
determined by the Department. Effective July 1, 2018, all programs	145886
shall be rated through the tiered quality rating and improvement	145887
system.	145888

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

145889

Of the foregoing appropriation item 200545, Career-Technical	145890
Education Enhancements, up to $2,563,568 in each fiscal year shall	145891
be used to fund secondary career-technical education at	145892
institutions using a grant-based methodology, notwithstanding	145893
section 3317.05 of the Revised Code.	145894

Of the foregoing appropriation item 200545, Career-Technical	145895
Education Enhancements, up to $2,838,281 in each fiscal year shall	145896
be used by the Department of Education to fund competitive grants	145897
to tech prep consortia that expand the number of students enrolled	145898
in tech prep programs. These grant funds shall be used to directly	145899
support expanded tech prep programs provided to students enrolled	145900
in school districts, including joint vocational school districts,	145901
and affiliated higher education institutions. This support may	145902
include the purchase of equipment.	145903

Of the foregoing appropriation item 200545, Career-Technical	145904
Education Enhancements, up to $3,100,850 in each fiscal year shall	145905
be used by the Department of Education to support existing High	145906
Schools That Work (HSTW) sites, develop and support new sites,	145907
fund technical assistance, and support regional centers and middle	145908
school programs. The purpose of HSTW is to combine challenging	145909
academic courses and modern career-technical studies to raise the	145910
academic achievement of students. HSTW provides intensive	145911
technical assistance, focused staff development, targeted	145912
assessment services, and ongoing communications and networking	145913
opportunities.	145914

Of the foregoing appropriation item 200545, Career-Technical	145915
Education Enhancements, up to $600,000 in each fiscal year shall	145916
be used by the Department of Education to enable students in	145917
agricultural programs to enroll in a fifth quarter of instruction	145918
based on the agricultural education model of delivering work-based	145919
learning through supervised agricultural experience. The	145920
Department of Education shall determine eligibility criteria and	145921
the reporting process for the Agriculture 5th Quarter Project and	145922
shall fund as many programs as possible given the set aside. The	145923
eligibility criteria developed by the Department shall allow these	145924
funds to support supervised agricultural experience that occurs	145925
anytime outside of the regular school day.	145926

Of the foregoing appropriation item, 200545, Career-Technical	145927
Education Enhancements, up to $162,200 in each fiscal year shall	145928
be distributed to the Cleveland Municipal School District and the	145929
Cincinnati City School District to be used for a VoAg Program in	145930
one at-risk nonvocational school in each district. The amount	145931
distributed to the Cleveland Municipal School District shall be	145932
equal to $78,600 minus the funding allocated to the district under	145933
division (A)(8) of section 3317.022 of the Revised Code for the	145934
students participating in the program. The amount distributed to	145935
the Cincinnati City School District shall be equal to $83,600	145936
minus the funding allocated to the district under section 3317.162	145937
of the Revised Code for the students participating in the program.	145938

Of the foregoing appropriation item 200545, Career-Technical	145939
Education Enhancements, $108,100 in each fiscal year shall be used	145940
to prepare students for careers in culinary arts and restaurant	145941
management under the Ohio ProStart school restaurant program.	145942

Section 263.230. FOUNDATION FUNDING

145943

Of the foregoing appropriation item 200550, Foundation	145944
Funding, up to $675,000 in each fiscal year shall be used to	145945
support the work of the College of Education and Human Ecology at	145946
the Ohio State University in reviewing and assessing the alignment	145947
of courses offered through the distance learning clearinghouse	145948
established in sections 3333.81 to 3333.88 of the Revised Code	145949
with the academic content standards adopted under division (A) of	145950
section 3301.079 of the Revised Code.	145951

Of the foregoing appropriation item 200550, Foundation	145952
Funding, up to $40,000,000 in each fiscal year shall be used to	145953
provide additional state aid to school districts, joint vocational	145954
school districts, community schools, and STEM schools for special	145955
education students under division (C)(3) of section 3314.08,	145956
section 3317.0214, division (B) of section 3317.16, and section	145957
3326.34 of the Revised Code, except that the Controlling Board may	145958
increase these amounts if presented with such a request from the	145959
Department of Education at the final meeting of the fiscal year.	145960

Of the foregoing appropriation item 200550, Foundation	145961
Funding, up to $2,000,000 in each fiscal year shall be reserved	145962
for Youth Services tuition payments under section 3317.024 of the	145963
Revised Code.	145964

Of the foregoing appropriation item 200550, Foundation	145965
Funding, up to $3,800,000 in each fiscal year shall be used to	145966
fund gifted education at educational service centers. The	145967
Department shall distribute the funding through the unit-based	145968
funding methodology in place under division (L) of section	145969
3317.024, division (E) of section 3317.05, and divisions (A), (B),	145970
and (C) of section 3317.053 of the Revised Code as they existed	145971
prior to fiscal year 2010.	145972

Of the foregoing appropriation item 200550, Foundation	145973
Funding, up to $43,500,000 in fiscal year 2014 and up to	145974
$40,000,000 in fiscal year 2015 shall be reserved to fund the	145975
state reimbursement of educational service centers under the	145976
section of this act entitled "EDUCATIONAL SERVICE CENTERS	145977
FUNDING"; and up to $3,500,000 in each fiscal year shall be	145978
distributed to educational service centers for School Improvement	145979
Initiatives and, in consultation with the Governor's Director of	145980
21st Century Education, for the provision of technical assistance	145981
as required by the Elementary and Secondary Education Act	145982
Flexibility waivers approved for Ohio by the United States	145983
Department of Education. Educational service centers shall be	145984
required to support districts in the development and	145985
implementation of their continuous improvement plans as required	145986
in section 3302.04 of the Revised Code and to provide technical	145987
assistance and support in accordance with Title I of the "No Child	145988
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	145989
administered pursuant to the Elementary and Secondary Education	145990
Act Flexibility waivers approved for Ohio by the United States	145991
Department of Education.	145992

Of the foregoing appropriation item 200550, Foundation	145993
Funding, up to $20,000,000 in each fiscal year shall be reserved	145994
for payments under sections 3317.026, 3317.027, and 3317.028 of	145995
the Revised Code. If this amount is not sufficient, the Department	145996
of Education shall prorate the payment amounts so that the	145997
aggregate amount allocated in this paragraph is not exceeded.	145998

Of the foregoing appropriation item 200550, Foundation	145999
Funding, up to $2,000,000 in each fiscal year shall be used to pay	146000
career-technical planning districts for the amounts reimbursed to	146001
students, as prescribed in this paragraph. Each career-technical	146002
planning district shall reimburse individuals taking the online	146003
General Educational Development (GED) test for the first time for	146004
application/test fees in excess of $40. Each career-technical	146005
planning district shall designate a site or sites where	146006
individuals may register and take the exam. For each individual	146007
that registers for the exam, the career-technical planning	146008
district shall make available and offer career counseling	146009
services, including information on adult education programs that	146010
are available.	146011

Of the foregoing appropriation item 200550, Foundation	146012
Funding, up to $410,000 in each fiscal year shall be used to pay	146013
career-technical planning districts $500 for each student that	146014
receives a journeyman certification, as recognized by the United	146015
States Department of Labor.	146016

Of the foregoing appropriation item 200550, Foundation	146017
Funding, up to $18,713,327 in each fiscal year shall be used to	146018
support school choice programs.	146019

Of the portion of the funds distributed to the Cleveland	146020
Municipal School District under this section, up to $11,901,887 in	146021
each fiscal year shall be used to operate the school choice	146022
program in the Cleveland Municipal School District under sections	146023
3313.974 to 3313.979 of the Revised Code. Notwithstanding	146024
divisions (B) and (C) of section 3313.978 and division (C) of	146025
section 3313.979 of the Revised Code, up to $1,000,000 in each	146026
fiscal year of this amount shall be used by the Cleveland	146027
Municipal School District to provide tutorial assistance as	146028
provided in division (H) of section 3313.974 of the Revised Code.	146029
The Cleveland Municipal School District shall report the use of	146030
these funds in the district's three-year continuous improvement	146031
plan as described in section 3302.04 of the Revised Code in a	146032
manner approved by the Department of Education.	146033

Of the foregoing appropriation item 200550, Foundation	146034
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	146035
college-preparatory boarding schools the per pupil boarding amount	146036
pursuant to section 3328.34 of the Revised Code.	146037

Of the foregoing appropriation item 200550, Foundation	146038
Funding, up to $500,000 in each fiscal year shall be used to	146039
support Jobs for Ohio's Graduates.	146040

Of the foregoing appropriation item 200550, Foundation	146041
Funding, up to $250,000 in fiscal year 2015 may be used for	146042
payment of the Post-Secondary Enrollment Options Program for	146043
students instructed at home pursuant to section 3321.04 of the	146044
Revised Code.	146045

Of the foregoing appropriation item 200550, Foundation	146046
Funding, an amount shall be available in each fiscal year to be	146047
paid to joint vocational school districts in accordance with	146048
division (A) of section 3317.16 of the Revised Code and the	146049
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	146050
VOCATIONAL SCHOOL DISTRICTS."	146051

Of the foregoing appropriation item 200550, Foundation	146052
Funding, up to $700,000 in each fiscal year shall be used by the	146053
Department of Education for a program to pay for educational	146054
services for youth who have been assigned by a juvenile court or	146055
other authorized agency to any of the facilities described in	146056
division (A) of the section of this act entitled "PRIVATE	146057
TREATMENT FACILITY PROJECT."	146058

Of the foregoing appropriation item 200550, Foundation	146059
Funding, an amount shall be available in each fiscal year to pay	146060
eligible community schools the amounts required to comply with	146061
divisions (B) and (C) of the section of this act entitled	146062
"GUARANTEE FOR HIGH PERFORMING COMMUNITY SCHOOLS."	146063

The remainder of appropriation item 200550, Foundation	146064
Funding, shall be used to distribute the amounts calculated for	146065
formula aid under section 3317.022 of the Revised Code and the	146066
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	146067
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	146068

Appropriation items 200502, Pupil Transportation, 200540,	146069
Special Education Enhancements, and 200550, Foundation Funding,	146070
other than specific set-asides, are collectively used in each	146071
fiscal year to pay state formula aid obligations for school	146072
districts, community schools, STEM schools, college preparatory	146073
boarding schools, and joint vocational school districts under this	146074
act. The first priority of these appropriation items, with the	146075
exception of specific set-asides, is to fund state formula aid	146076
obligations. It may be necessary to reallocate funds among these	146077
appropriation items or use excess funds from other general revenue	146078
fund appropriation items in the Department of Education's budget	146079
in each fiscal year, in order to meet state formula aid	146080
obligations. If it is determined that it is necessary to transfer	146081
funds among these appropriation items or to transfer funds from	146082
other General Revenue Fund appropriations in the Department of	146083
Education's budget to meet state formula aid obligations, the	146084
Department of Education shall seek approval from the Controlling	146085
Board to transfer funds as needed.	146086

The Superintendent of Public Instruction shall make payments,	146087
transfers, and deductions, as authorized by Title XXXIII of the	146088
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	146089
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	146090
amounts substantially equal to those made in the prior year, or	146091
otherwise, at the discretion of the Superintendent, until at least	146092
the effective date of the amendments and enactments made to Title	146093
XXXIII by this act. If a new school district, community school, or	146094
STEM school opens prior to the effective date of this act, the	146095
Department of Education shall pay to the district or school an	146096
amount of $5,000 per pupil, based upon the estimated number of	146097
students that the district or school is expected to serve. Any	146098
funds paid to districts or schools under this section shall be	146099
credited toward the annual funds calculated for the district or	146100
school after the changes made to Title XXXIII in this act are	146101
effective. Upon the effective date of changes made to Title XXXIII	146102
in this act, funds shall be calculated as an annual amount.	146103

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	146104
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	146105

The Department of Education shall distribute funds within	146106
appropriation item 200550, Foundation Funding, for temporary	146107
transitional aid in each fiscal year to each qualifying city,	146108
local, and exempted village school district.	146109

(A) For fiscal years 2014 and 2015, the Department shall pay	146110
temporary transitional aid to each city, local, or exempted	146111
village school district that experiences any decrease in its state	146112
foundation funding for the current fiscal year from its	146113
transitional aid guarantee base. The amount of the temporary	146114
transitional aid payment shall equal the difference between its	146115
foundation funding for the current fiscal year and its	146116
transitional aid guarantee base. If the computation made under	146117
this division results in a negative number, the district's funding	146118
under this division shall be zero.	146119

(1) As used in this section, foundation funding for each	146120
city, local, and exempted village school district for a given	146121
fiscal year equals the sum of the amount calculated for the	146122
district under section 3317.022 of the Revised Code, as re-enacted	146123
by this act, and the amounts calculated for the district under	146124
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	146125
as amended by this act, for that fiscal year.	146126

(2) The transitional aid guarantee base for each city, local,	146127
and exempted village school district equals the sum of the amounts	146128
computed for the district for fiscal year 2013, under Sections	146129
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	146130
129th General Assembly.	146131

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	146132
as re-enacted by this act, in fiscal year 2014, no city, local, or	146133
exempted village school district shall be allocated foundation	146134
funding that is greater than 1.06 times the district's	146135
transitional aid guarantee base.	146136

(2) Notwithstanding section 3317.022 of the Revised Code, as	146137
re-enacted by this act, in fiscal year 2015, no city, local, or	146138
exempted village school district shall be allocated foundation	146139
funding that is greater than 1.06 times the amount computed for	146140
foundation funding for the district for fiscal year 2014 plus any	146141
amount calculated for temporary transitional aid for fiscal year	146142
2014 under division (A) of this section and after any reductions	146143
made for fiscal year 2014 under division (B)(1) of this section.	146144

(3) The Department shall reduce a district's payments under	146145
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	146146
of the Revised Code, as re-enacted by this act, and divisions	146147
(G)(1) and (2) of section 3317.0212 of the Revised Code, as	146148
amended by this act, proportionately as necessary in order to	146149
comply with this division. If those amounts are insufficient, the	146150
Department shall proportionately reduce a district's payments	146151
under divisions (A)(3), (8), and (9) of section 3317.022 of the	146152
Revised Code, as re-enacted by this act.	146153

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	146154
VOCATIONAL SCHOOL DISTRICTS	146155

The Department of Education shall distribute funds within	146156
appropriation item 200550, Foundation Funding, for temporary	146157
transitional aid in each fiscal year to each qualifying joint	146158
vocational school district.	146159

(A) For fiscal years 2014 and 2015, the Department shall pay	146160
temporary transitional aid to each joint vocational school	146161
district that experiences any decrease in its state core	146162
foundation funding under division (A) of section 3317.16 of the	146163
Revised Code, as re-enacted by this act, for the current fiscal	146164
year from its transitional aid guarantee base. The amount of the	146165
temporary transitional aid payment shall equal the difference	146166
between the district's funding under division (A) of section	146167
3317.16 of the Revised Code for the current fiscal year and its	146168
transitional aid guarantee base. If the computation made under	146169
this division results in a negative number, the district's funding	146170
under this division shall be zero.	146171

The transitional aid guarantee base for each joint vocational	146172
school district equals the amount computed for the district for	146173
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	146174
the 129th General Assembly.	146175

(B)(1) Notwithstanding division (A) of section 3317.16 of the	146176
Revised Code, as re-enacted by this act, in fiscal year 2014, no	146177
joint vocational school district shall be allocated state core	146178
foundation funding, as computed under division (A) of section	146179
3317.16 of the Revised Code, as re-enacted by this act, that is	146180
greater than 1.06 times the district's transitional aid guarantee	146181
base.	146182

(2) Notwithstanding division (A) of section 3317.16 of the	146183
Revised Code, as re-enacted by this act, in fiscal year 2015, no	146184
joint vocational school district shall be allocated state core	146185
foundation funding, under division (A) of section 3317.16 of the	146186
Revised Code, as re-enacted by this act, that is greater than 1.06	146187
times the amount computed for state core foundation funding for	146188
the district for fiscal year 2014 under division (A) of section	146189
3317.16 of the Revised Code, as re-enacted by this act, plus any	146190
amount calculated for temporary transitional aid for fiscal year	146191
2014 under division (A) of this section and after any reductions	146192
made for fiscal year 2014 under division (B)(1) of this section.	146193

(3) The Department shall reduce a district's payments under	146194
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	146195
Code, as re-enacted by this act, proportionately as necessary in	146196
order to comply with this division. If those amounts are	146197
insufficient, the Department shall proportionately reduce a	146198
district's payments under divisions (A)(2), (5), and (6) of	146199
section 3317.16 of the Revised Code, as re-enacted by this act.	146200

Section 263.253. GUARANTEE FOR HIGH PERFORMING COMMUNITY	146201
SCHOOLS	146202

(A) As used in this section, "eligible community school"	146203
means a community school established under Chapter 3314. of the	146204
Revised Code that, for the 2009-2010, 2010-2011, and 2011-2012	146205
school years, was declared to be excellent or higher under section	146206
3302.03 of the Revised Code, as that section existed prior to	146207
March 22, 2013.	146208

(B) Notwithstanding section 3314.08 of the Revised Code, as	146209
amended by this act, in fiscal year 2014, no eligible community	146210
school shall receive payments under divisions (C)(1) and (2) of	146211
section 3314.08 of the Revised Code, as amended by this act, and	146212
division (D) of section 3314.091 of the Revised Code, as amended	146213
by this act, in an aggregate amount that is less than the	146214
community school's payments for fiscal year 2013 under divisions	146215
(D)(1), (2), and (4) to (10) of section 3314.08 of the Revised	146216
Code, as that section existed prior to the effective date of the	146217
amendments to that section by this act, division (D) of section	146218
3314.091 of the Revised Code, as that section existed prior to the	146219
effective date of the amendments to that section by this act, and	146220
Section 267.30.56 of Am. Sub. H.B. 153 of the 129th General	146221
Assembly.	146222

(C) Notwithstanding section 3314.08 of the Revised Code, as	146223
amended by this act, in fiscal year 2015, no eligible community	146224
school shall receive payments under divisions (C)(1) and (2) of	146225
section 3314.08 of the Revised Code, as amended by this act, and	146226
division (D) of section 3314.091 of the Revised Code, as amended	146227
by this act, in an aggregate amount that is less than the	146228
community school's payments for fiscal year 2013 under divisions	146229
(D)(1), (2), and (4) to (10) of section 3314.08 of the Revised	146230
Code, as that section existed prior to the effective date of the	146231
amendments to that section by this act, and division (D) of	146232
section 3314.091 of the Revised Code, as that section existed	146233
prior to the effective date of the amendments to that section by	146234
this act, and Section 267.30.56 of Am. Sub. H.B. 153 of the 129th	146235
General Assembly.	146236

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

146237

The Superintendent of Public Instruction shall not request,	146238
and the Controlling Board shall not approve, the transfer of	146239
appropriation from appropriation item 200901, Property Tax	146240
Allocation - Education, to any other appropriation item.	146241

The appropriation item 200901, Property Tax Allocation -	146242
Education, is appropriated to pay for the state's costs incurred	146243
because of the homestead exemption, the property tax rollback, and	146244
payments required under division (C) of section 5705.2110 of the	146245
Revised Code. In cooperation with the Department of Taxation, the	146246
Department of Education shall distribute these funds directly to	146247
the appropriate school districts of the state, notwithstanding	146248
sections 321.24 and 323.156 of the Revised Code, which provide for	146249
payment of the homestead exemption and property tax rollback by	146250
the Tax Commissioner to the appropriate county treasurer and the	146251
subsequent redistribution of these funds to the appropriate local	146252
taxing districts by the county auditor.	146253

Upon receipt of these amounts, each school district shall	146254
distribute the amount among the proper funds as if it had been	146255
paid as real or tangible personal property taxes. Payments for the	146256
costs of administration shall continue to be paid to the county	146257
treasurer and county auditor as provided for in sections 319.54,	146258
321.26, and 323.156 of the Revised Code.	146259

Any sums, in addition to the amount specifically appropriated	146260
in appropriation items 200901, Property Tax Allocation -	146261
Education, for the homestead exemption and the property tax	146262
rollback payments, and payments required under division (C) of	146263
section 5705.2110 of the Revised Code, which are determined to be	146264
necessary for these purposes, are hereby appropriated.	146265

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

146266

The foregoing appropriation item 200681, Teacher	146267
Certification and Licensure, shall be used by the Department of	146268
Education in each year of the biennium to administer and support	146269
teacher certification and licensure activities.	146270

SCHOOL DISTRICT SOLVENCY ASSISTANCE

146271

(A) Of the foregoing appropriation item 200687, School	146272
District Solvency Assistance, $20,000,000 in each fiscal year	146273
shall be allocated to the School District Shared Resource Account	146274
and $5,000,000 in each fiscal year shall be allocated to the	146275
Catastrophic Expenditures Account. These funds shall be used to	146276
provide assistance and grants to school districts to enable them	146277
to remain solvent under section 3316.20 of the Revised Code.	146278
Assistance and grants shall be subject to approval by the	146279
Controlling Board. Except as provided under division (C) of this	146280
section, any required reimbursements from school districts for	146281
solvency assistance shall be made to the appropriate account in	146282
the School District Solvency Assistance Fund (Fund 5H30).	146283

(B) Notwithstanding any provision of law to the contrary,	146284
upon the request of the Superintendent of Public Instruction, the	146285
Director of Budget and Management may make transfers to the School	146286
District Solvency Assistance Fund (Fund 5H30) from any fund used	146287
by the Department of Education or the General Revenue Fund to	146288
maintain sufficient cash balances in Fund 5H30 in fiscal years	146289
2014 and 2015. Any cash transferred is hereby appropriated. The	146290
transferred cash may be used by the Department of Education to	146291
provide assistance and grants to school districts to enable them	146292
to remain solvent and to pay unforeseeable expenses of a temporary	146293
or emergency nature that the school district is unable to pay from	146294
existing resources. The Director of Budget and Management shall	146295
notify the members of the Controlling Board of any such transfers.	146296

(C) If the cash balance of the School District Solvency	146297
Assistance Fund (Fund 5H30) is insufficient to pay solvency	146298
assistance in fiscal years 2014 and 2015, at the request of the	146299
Superintendent of Public Instruction, and with the approval of the	146300
Controlling Board, the Director of Budget and Management may	146301
transfer cash from the Lottery Profits Education Reserve Fund	146302
(Fund 7018) to Fund 5H30 to provide assistance and grants to	146303
school districts to enable them to remain solvent and to pay	146304
unforeseeable expenses of a temporary nature that they are unable	146305
to pay from existing resources under section 3316.20 of the	146306
Revised Code. Such transfers are hereby appropriated to	146307
appropriation item 200670, School District Solvency Assistance –	146308
Lottery. Any required reimbursements from school districts for	146309
solvency assistance granted from appropriation item 200670, School	146310
District Solvency Assistance – Lottery, shall be made to Fund	146311
7018.	146312

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

146313

Upon the request of the Superintendent of Public Instruction,	146314
the Director of Budget and Management may transfer up to $750,000	146315
cash in each fiscal year from the General Revenue Fund to the	146316
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	146317
transferred cash is to be used by the Department of Education to	146318
pay the expenses the Department incurs in administering the	146319
Medicaid School Component of the Medicaid program established	146320
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	146321
of each fiscal year, or as soon as possible thereafter, the	146322
Director of Budget and Management shall transfer cash from Fund	146323
3AF0 back to the General Revenue Fund in an amount equal to the	146324
total amount transferred to Fund 3AF0 in that fiscal year.	146325

The money deposited into Fund 3AF0 under division (B) of	146326
section 5162.64 of the Revised Code is hereby appropriated for	146327
fiscal years 2014 and 2015 and shall be used in accordance with	146328
division (C) of section 5162.64 of the Revised Code.	146329

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

146330

The foregoing appropriation item 200626, Half-Mill	146331
Maintenance Equalization, shall be used to make payments pursuant	146332
to section 3318.18 of the Revised Code.	146333

Section 263.300. GATES FOUNDATION GRANTS

146334

The foregoing appropriation item 200668, Gates Foundation	146335
Grants, shall be used by the Department of Education to provide	146336
professional development to school district principals,	146337
superintendents, and other administrative staff on the use of	146338
education technology.	146339

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

146340

Notwithstanding section 3317.064 of the Revised Code, if the	146341
unexpended, unencumbered cash balance is sufficient, the Treasurer	146342
of State shall transfer $1,500,000 in fiscal year 2014 within	146343
thirty days after the effective date of this section, and	146344
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	146345
Auxiliary Services Personnel Unemployment Compensation Fund to the	146346
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	146347
Department of Education.	146348

Section 263.320. LOTTERY PROFITS EDUCATION FUND

146349

Appropriation item 200612, Foundation Funding (Fund 7017),	146350
shall be used in conjunction with appropriation item 200550,	146351
Foundation Funding (GRF), to provide state foundation payments to	146352
school districts.	146353

The Department of Education, with the approval of the	146354
Director of Budget and Management, shall determine the monthly	146355
distribution schedules of appropriation item 200550, Foundation	146356
Funding (GRF), and appropriation item 200612, Foundation Funding	146357
(Fund 7017). If adjustments to the monthly distribution schedule	146358
are necessary, the Department of Education shall make such	146359
adjustments with the approval of the Director of Budget and	146360
Management.	146361

STRAIGHT A FUND

146362

Of the foregoing appropriation item, 200648, Straight A Fund,	146363
up to $375,000 in each fiscal year shall be used to provide	146364
scholarships to parents of high needs children enrolled in the Get	146365
Ready for Kindergarten pilot program. These scholarships shall be	146366
administered as provided under the section of this act entitled	146367
"GET READY FOR KINDERGARTEN."	146368

Of the foregoing appropriation item 200648, Straight A Fund,	146369
up to $500,000 in fiscal year 2014 and up to $3,000,000 in fiscal	146370
year 2015 shall be used for the New Leaders for Ohio Schools Pilot	146371
Project in accordance with Section 733.40 of this act.	146372

Of the foregoing appropriation item 200648, Straight A Fund,	146373
up to $70,000 in each fiscal year shall be used by Kids Unlimited	146374
of Toledo for quality after-school tutoring and mentoring programs	146375
in two elementary school buildings in Lucas County. The school	146376
buildings may include any community school, chartered nonpublic	146377
school, or building that is part of a city, local, or exempted	146378
village school district. Kids Unlimited of Toledo shall provide	146379
local matching funds equal to the set-aside.	146380

Of the foregoing appropriation item 200648, Straight A Fund,	146381
up to $5,000,000 in fiscal year 2015 shall be used to support the	146382
implementation of the College Credit Plus Program established	146383
under Chapter 3365. of the Revised Code.	146384

Of the foregoing appropriation item 200648, Straight A Fund,	146385
up to $250,000 in each fiscal year may be used to make competitive	146386
grants in accordance with Section 263.324 of this act.	146387

The remainder of appropriation item 200648, Straight A Fund,	146388
shall be used to make competitive grants in accordance with	146389
Section 263.325 of this act.	146390

EDCHOICE EXPANSION

146391

The foregoing appropriation item 200666, EdChoice Expansion,	146392
shall be used as follows:	146393

(A) In fiscal year 2014, notwithstanding section 3310.032 of	146394
the Revised Code, the Department of Education shall administer an	146395
expansion of the Educational Choice Scholarship program as	146396
follows:	146397

(1) A student is an "eligible student" for purposes of the	146398
expansion of the Educational Choice Scholarship Pilot Program	146399
under division (A) of this section if the student's resident	146400
district is not a school district in which the pilot project	146401
scholarship program is operating under sections 3313.974 to	146402
3313.979 of the Revised Code and the student's family income is at	146403
or below two hundred per cent of the federal poverty guidelines,	146404
as defined in section 5101.46 of the Revised Code.	146405

(2) The Department shall pay scholarships to attend chartered	146406
nonpublic schools in accordance with section 3310.08 of the	146407
Revised Code. The number of scholarships awarded under division	146408
(A) of this section shall not exceed the number that can be funded	146409
with appropriations made by the general assembly for this purpose.	146410

(3) Scholarships under division (A) of this section shall be	146411
awarded for the 2013-2014 school year, to eligible students who	146412
are entering kindergarten in that school year for the first time.	146413

(4) If the number of eligible students who apply for a	146414
scholarship exceeds the scholarships available based on the	146415
appropriation for division (A) of this section, the department	146416
shall award scholarships in the following order of priority:	146417

(a) First, to eligible students with family incomes at or	146418
below one hundred per cent of the federal poverty guidelines.	146419

(b) Second, to other eligible students who qualify under	146420
division (A) of this section. If the number of students described	146421
in division (A)(4)(b) of this section exceeds the number of	146422
available scholarships after awards are made under division	146423
(A)(4)(a) of this section, the department shall select students	146424
described in division (A)(4)(b) of this section by lot to receive	146425
any remaining scholarships.	146426

(5) A student who receives a scholarship under division (A)	146427
of this section remains an eligible student and may continue to	146428
receive scholarships under section 3310.032 of the Revised Code in	146429
subsequent school years until the student completes grade twelve,	146430
so long as the student satisfies the conditions specified in	146431
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	146432

Once a scholarship is awarded under this section, the student	146433
shall remain eligible for that scholarship for the current and	146434
subsequent school years, even if the student's family income rises	146435
above the amount specified in division (A) of section 3310.032 of	146436
the Revised Code, provided the student remains enrolled in a	146437
chartered nonpublic school.	146438

(B) In fiscal year 2015, to provide for the scholarships	146439
awarded under the expansion of the educational choice program	146440
established under section 3310.032 of the Revised Code. The number	146441
of scholarships awarded under the expansion of the educational	146442
choice program shall not exceed the number that can be funded with	146443
the appropriations made by the General Assembly for this purpose.	146444

COMMUNITY SCHOOL FACILITIES

146445

The foregoing appropriation item 200684, Community School	146446
Facilities, shall be used to pay each community school established	146447
under Chapter 3314. of the Revised Code that is not an internet-	146448
or computer-based community school and each STEM school	146449
established under Chapter 3326. of the Revised Code an amount	146450
equal to $100 for each full-time equivalent pupil for assistance	146451
with the cost associated with facilities. If the amount	146452
appropriated is not sufficient, the Department of Education shall	146453
prorate the amounts so that the aggregate amount appropriated is	146454
not exceeded.	146455

Section 263.323. GET READY FOR KINDERGARTEN

146456

(A) A preschool is an "eligible preschool" for the purposes	146457
of this section if the preschool has a quality rating in the top	146458
two tiers of the tiered rating improvement system developed under	146459
division (C)(3)(d) of section 5104.30 of the Revised Code.	146460

(B) The Department of Education shall provide scholarships to	146461
parents of high needs children to enroll in eligible preschools as	146462
defined in division (A) of this section.	146463

(C) Scholarships under this section shall be awarded to	146464
students who are at least age three but are not of compulsory	146465
school age, as defined in section 3321.01 of the Revised Code, and	146466
who are not currently enrolled in kindergarten. Students who	146467
receive scholarships under this section shall enroll in eligible	146468
preschools between July 1, 2013, and December 31, 2013.	146469

Section 263.324. (A) A program that has applied for or	146470
received a Promise Neighborhood Implementation Grant from the	146471
United States Department of Education that is located in a city	146472
school district may apply to the Ohio Department of Education for	146473
a grant under this section.	146474

(B) To be eligible to receive a grant, a program shall meet	146475
either of the following criteria:	146476

(1) The program was awarded a Promise Neighborhood	146477
Implementation Grant in the year for which a grant is sought from	146478
the Ohio Department of Education.	146479

(2) The program applied to the United States Department of	146480
Education for a Promise Neighborhood Implementation Grant in	146481
either the year for which the state grant is sought or in the year	146482
prior to which the state grant is sought.	146483

(C) A program that receives a grant from the Ohio Department	146484
of Education under this section shall use the funds for	146485
administrative costs associated with the Promise Neighborhood	146486
Program.	146487

(D) Any program that receives a grant from the Ohio	146488
Department of Education under this section shall contribute local	146489
matching funds that are equal to the amount of the grant received	146490
by the Department.	146491

Section 263.325. (A) The Straight A Program is hereby created	146492
for fiscal years 2014 and 2015 to provide grants to city, local,	146493
exempted village, and joint vocational school districts,	146494
educational service centers, community schools established under	146495
Chapter 3314., STEM schools established under Chapter 3326.,	146496
college-preparatory boarding schools established under Chapter	146497
3328. of the Revised Code, individual school buildings, and	146498
education consortia (which may represent a partnership among	146499
school districts, school buildings, community schools, or STEM	146500
schools to partner with institutions of higher education and	146501
private entities) for projects that aim to achieve at least the	146502
following goals:	146503

(1) Increased student achievement and progress;

146504

(2) Improved productivity;

146505

(3) Sustainable cost reduction of operations.

146506

(B)(1) Grants shall be awarded by an eight-member governing	146507
board consisting of the Superintendent of Public Instruction, or	146508
the Superintendent's designee, three members appointed by the	146509
Governor, two members appointed by the Speaker of the House of	146510
Representatives, and two members appointed by the President of the	146511
Senate. The Department of Education shall provide administrative	146512
support to the board. No member shall be compensated for the	146513
member's service on the board.	146514

(2) The board may establish an advisory council consisting of	146515
grant advisors with fiscal expertise and education expertise.	146516
These advisors shall evaluate proposals from grant applicants,	146517
consult with the governing board regarding strategic planning, and	146518
advise the staff administering the program. No advisor shall be	146519
compensated for this service.	146520

(3) The board shall issue an annual report to the Governor,	146521
the Speaker of the House of Representatives, the President of the	146522
Senate, and the chairpersons of the House and Senate committees	146523
that primarily deal with education regarding the types of grants	146524
awarded, the grant recipients, and the effectiveness of the grant	146525
program.	146526

(4) The board shall create a grant application and publish on	146527
the Department's web site the application and timeline for the	146528
submission, review, notification, and awarding of grant proposals.	146529

(5) With the approval of the board, the Department shall	146530
establish a system for evaluating and scoring the grant	146531
applications received under this section. The system shall give	146532
priority to applicants whose goals demonstrate particular attempts	146533
in achieving the following:	146534

(a) Cost reduction in the delivery of services;

146535

(b) Progress in improving literacy in grades kindergarten to	146536
three;	146537

(c) Achievement and progress for each subgroup of students	146538
specified under division (A) of section 3317.40 of the Revised	146539
Code;	146540

(d) Improving the performance measures included in the	146541
Prepared for Success components specified under division (B)(2) of	146542
section 3302.03 of the Revised Code;	146543

(e) Utilizing programs recognized as innovative under the	146544
federal Race to the Top program.	146545

(C) Each grant applicant shall submit a proposal that	146546
includes all of the following:	146547

(1) A description of the project for which the applicant is	146548
seeking a grant, including a description of how the project will	146549
have substantial value and lasting impact;	146550

(2) An explanation of how the project will be	146551
self-sustaining. If the project will result in increased ongoing	146552
spending, the applicant shall show how the spending will be offset	146553
by verifiable, credible, permanent spending reductions.	146554

(3) A description of quantifiable results of the project that	146555
can be benchmarked.	146556

If an education consortia described in division (A) of this	146557
section applies for a grant, the lead applicant shall be the	146558
school district, school building, community school, or STEM school	146559
that is a member of the consortia and shall so indicate on the	146560
grant application.	146561

(D)(1) Within seventy-five days after receiving a grant	146562
application, the board shall issue a decision on the application	146563
of "yes," "no," "hold," or "edit." In making its decision, the	146564
board shall consider whether the project has the capability of	146565
being replicated in other school districts and schools or creates	146566
something that can be used in other districts and schools. A grant	146567
awarded under this section to a school district, educational	146568
service center, community school, STEM school, college-preparatory	146569
boarding school, or individual school building shall not exceed	146570
$500,000. A grant awarded to an education consortia shall not	146571
exceed $1,000,000.	146572

(2) If the board issues a "hold" or "edit" decision for an	146573
application, it shall, upon returning the application to the	146574
applicant, specify the process for reconsideration of the	146575
application. An applicant may work with the grant advisors and	146576
staff to modify or improve a grant application.	146577

(E) Upon deciding to award a grant to an applicant, the board	146578
shall enter into a grant agreement with the applicant that	146579
includes all of the following:	146580

(1) The content of the applicant's proposal as outlined under	146581
division (C) of this section;	146582

(2) The project's deliverables and a timetable for their	146583
completion;	146584

(3) Conditions for receiving grant funding;

146585

(4) Conditions for receiving funding in future years if the	146586
contract is a multi-year contract;	146587

(5) A provision specifying that funding will be returned to	146588
the board if the applicant fails to implement the agreement, as	146589
determined by the Auditor of State.	146590

(6) A provision specifying that the agreement may be amended	146591
by mutual agreement between the board and the applicant.	146592

(F) Each grant awarded under this section shall be subject to	146593
approval by the Controlling Board prior to execution of the grant	146594
agreement.	146595

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

146596

(A) There is hereby created the Lottery Profits Education	146597
Reserve Fund (Fund 7018) in the State Treasury. Investment	146598
earnings of the Lottery Profits Education Reserve Fund shall be	146599
credited to the fund.	146600

(B) Notwithstanding any other provision of law to the	146601
contrary, the Director of Budget and Management may transfer cash	146602
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	146603
in fiscal year 2014 and fiscal year 2015.	146604

(C) On July 15, 2013, or as soon as possible thereafter, the	146605
Director of the Ohio Lottery Commission shall certify to the	146606
Director of Budget and Management the amount by which lottery	146607
profit transfers received by Fund 7017 exceeded $680,500,000 in	146608
fiscal year 2013.	146609

(D) On July 15, 2014, or as soon as possible thereafter, the	146610
Director of the Ohio Lottery Commission shall certify to the	146611
Director of Budget and Management the amount by which lottery	146612
profit transfers received by Fund 7017 exceeded $841,000,000 in	146613
fiscal year 2014.	146614

(E) Notwithstanding any provision of law to the contrary, in	146615
fiscal year 2014 and fiscal year 2015, the Director of Budget and	146616
Management may transfer cash in excess of the amounts necessary to	146617
support appropriations in Fund 7017 from that fund to Fund 7018.	146618

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	146619
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	146620

Notwithstanding any provision of law to the contrary, in	146621
fiscal year 2014 and fiscal year 2015 the Director of Budget and	146622
Management may make temporary transfers between the General	146623
Revenue Fund and the School District Property Tax Replacement –	146624
Business Fund (Fund 7047), used by the Department of Education, to	146625
ensure sufficient balances in Fund 7047 and to replenish the	146626
General Revenue Fund for such transfers.	146627

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	146628
BUSINESS	146629

The foregoing appropriation item 200909, School District	146630
Property Tax Replacement – Business, shall be used by the	146631
Department of Education, in consultation with the Department of	146632
Taxation, to make payments to school districts and joint	146633
vocational school districts under section 5751.21 of the Revised	146634
Code. If it is determined by the Director of Budget and Management	146635
that additional appropriations are necessary for this purpose,	146636
such amounts are hereby appropriated.	146637

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

146638

The foregoing appropriation item 200900, School District	146639
Property Tax Replacement-Utility, shall be used by the Department	146640
of Education, in consultation with the Department of Taxation, to	146641
make payments to school districts and joint vocational school	146642
districts under section 5727.85 of the Revised Code. If it is	146643
determined by the Director of Budget and Management that	146644
additional appropriations are necessary for this purpose, such	146645
amounts are hereby appropriated.	146646

DISTRIBUTION FORMULAS

146647

The Department of Education shall report the following to the	146648
Director of Budget and Management and the Legislative Service	146649
Commission:	146650

(A) Changes in formulas for distributing state	146651
appropriations, including administratively defined formula	146652
factors;	146653

(B) Discretionary changes in formulas for distributing	146654
federal appropriations;	146655

(C) Federally mandated changes in formulas for distributing	146656
federal appropriations.	146657

Any such changes shall be reported two weeks prior to the	146658
effective date of the change.	146659

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

146660

In fiscal year 2014, the Department of Education shall pay	146661
the governing board of each primary educational service center	146662
state funds equal to thirty-seven dollars times its student count,	146663
as calculated under division (G)(1) of section 3313.843 of the	146664
Revised Code.	146665

In fiscal year 2015, the Department of Education shall pay	146666
the governing board of each primary educational service center	146667
state funds equal to thirty-five dollars times its student count,	146668
as calculated under division (G)(1) of section 3313.843 of the	146669
Revised Code.	146670

If the amount earmarked for the state reimbursement of	146671
educational service centers in appropriation item 200550,	146672
Foundation Funding, is not sufficient, the Department of Education	146673
shall prorate the payment amounts so that the appropriation is not	146674
exceeded.	146675

Notwithstanding any provision of law to the contrary, the	146676
Department of Education shall modify the payments under this	146677
section as follows:	146678

(A) If an educational service center ceases operation, the	146679
Department shall redistribute that center's funding, as calculated	146680
under this section, to the remaining centers in proportion to each	146681
center's service center ADM as defined in former section 3317.11	146682
of the Revised Code, as that section existed prior to the date of	146683
its repeal.	146684

(B) If two or more educational service centers merge	146685
operations to create a single service center, the Department shall	146686
distribute the sum of the original service centers' funding, as	146687
calculated under this section, to the new service center.	146688

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	146689
ASSESSMENT OF EDUCATION PROGRESS	146690

The General Assembly intends for the Superintendent of Public	146691
Instruction to provide for school district participation in the	146692
administration of the National Assessment of Education Progress in	146693
accordance with section 3301.27 of the Revised Code. Each school	146694
and school district selected for participation by the	146695
Superintendent of Public Instruction shall participate.	146696

Section 263.373. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	146697
STUDENTS	146698

(A) As used in this section:

146699

(1) "IEP" has the same meaning as in section 3323.01 of the	146700
Revised Code.	146701

(2) "SBH student" means a student receiving special education	146702
and related services for severe behavior disabilities pursuant to	146703
an IEP.	146704

(B) This section applies only to a community school	146705
established under Chapter 3314. of the Revised Code that in each	146706
of fiscal years 2014 and 2015 enrolls a number of SBH students	146707
equal to at least fifty per cent of the total number of students	146708
enrolled in the school in the applicable fiscal year.	146709

(C) In addition to any state foundation payments made, in	146710
each of fiscal years 2014 and 2015, the Department of Education	146711
shall pay to a community school to which this section applies a	146712
subsidy equal to the difference between the aggregate amount	146713
calculated and paid in that fiscal year to the community school	146714
for special education and related services additional weighted	146715
costs for the SBH students enrolled in the school and the	146716
aggregate amount that would have been calculated for the school	146717
for special education and related services additional weighted	146718
costs for those same students in fiscal year 2001. If the	146719
difference is a negative number, the amount of the subsidy shall	146720
be zero.	146721

(D) The amount of any subsidy paid to a community school	146722
under this section shall not be deducted from the school district	146723
in which any of the students enrolled in the community school are	146724
entitled to attend school under section 3313.64 or 3313.65 of the	146725
Revised Code. The amount of any subsidy paid to a community school	146726
under this section shall be paid from funds appropriated to the	146727
Department of Education in appropriation item 200550, Foundation	146728
Funding.	146729

Section 263.380. EARMARK ACCOUNTABILITY

146730

At the request of the Superintendent of Public Instruction,	146731
any entity that receives a budget earmark under the Department of	146732
Education shall submit annually to the chairpersons of the	146733
committees of the House of Representatives and the Senate	146734
primarily concerned with education and to the Department of	146735
Education a report that includes a description of the services	146736
supported by the funds, a description of the results achieved by	146737
those services, an analysis of the effectiveness of the program,	146738
and an opinion as to the program's applicability to other school	146739
districts. For an earmarked entity that received state funds from	146740
an earmark in the prior fiscal year, no funds shall be provided by	146741
the Department of Education to an earmarked entity for a fiscal	146742
year until its report for the prior fiscal year has been	146743
submitted.	146744

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

146745

A community school established under Chapter 3314. of the	146746
Revised Code that was open for operation as a community school as	146747
of May 1, 2005, may operate from or in any home, as defined in	146748
section 3313.64 of the Revised Code, located in the state,	146749
regardless of when the community school's operations from or in a	146750
particular home began.	146751

Section 263.400. USE OF VOLUNTEERS

146752

The Department of Education may utilize the services of	146753
volunteers to accomplish any of the purposes of the Department.	146754
The Superintendent of Public Instruction shall approve for what	146755
purposes volunteers may be used and for these purposes may	146756
recruit, train, and oversee the services of volunteers. The	146757
Superintendent may reimburse volunteers for necessary and	146758
appropriate expenses in accordance with state guidelines and may	146759
designate volunteers as state employees for the purpose of motor	146760
vehicle accident liability insurance under section 9.83 of the	146761
Revised Code, for immunity under section 9.86 of the Revised Code,	146762
and for indemnification from liability incurred in the performance	146763
of their duties under section 9.87 of the Revised Code.	146764

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	146765
REIMBURSEMENTS	146766

(A) Except as expressly required under a court judgment not	146767
subject to further appeals, or a settlement agreement with a	146768
school district executed on or before June 1, 2009, in the case of	146769
a school district for which the formula ADM for fiscal year 2005,	146770
as reported for that fiscal year under division (A) of section	146771
3317.03 of the Revised Code, was reduced based on enrollment	146772
reports for community schools, made under section 3314.08 of the	146773
Revised Code, regarding students entitled to attend school in the	146774
district, which reduction of formula ADM resulted in a reduction	146775
of foundation funding or transitional aid funding for fiscal year	146776
2005, 2006, or 2007, no school district, except a district named	146777
in the court's judgment or the settlement agreement, shall have a	146778
legal claim for reimbursement of the amount of such reduction in	146779
foundation funding or transitional aid funding, and the state	146780
shall not have liability for reimbursement of the amount of such	146781
reduction in foundation funding or transitional aid funding.	146782

(B) As used in this section:

146783

(1) "Community school" means a community school established	146784
under Chapter 3314. of the Revised Code.	146785

(2) "Entitled to attend school" means entitled to attend	146786
school in a school district under section 3313.64 or 3313.65 of	146787
the Revised Code.	146788

(3) "Foundation funding" means payments calculated for the	146789
respective fiscal year under Chapter 3317. of the Revised Code.	146790

(4) "Transitional aid funding" means payments calculated for	146791
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	146792
of the 125th General Assembly, as subsequently amended; Section	146793
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	146794
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	146795
of the 127th General Assembly.	146796

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

146797

(A) If the Auditor of State or a public accountant, pursuant	146798
to section 117.41 of the Revised Code, declares a community school	146799
established under Chapter 3314. of the Revised Code to be	146800
unauditable, the Auditor of State shall provide written	146801
notification of that declaration to the school, the school's	146802
sponsor, and the Department of Education. The Auditor of State	146803
also shall post the notification on the Auditor of State's web	146804
site.	146805

(B) Notwithstanding any provision to the contrary in Chapter	146806
3314. of the Revised Code or any other provision of law, a sponsor	146807
of a community school that is notified by the Auditor of State	146808
under division (A) of this section that a community school it	146809
sponsors is unauditable shall not enter into contracts with any	146810
additional community schools under section 3314.03 of the Revised	146811
Code until the Auditor of State or a public accountant has	146812
completed a financial audit of that school.	146813

(C) Not later than forty-five days after receiving	146814
notification by the Auditor of State under division (A) of this	146815
section that a community school is unauditable, the sponsor of the	146816
school shall provide a written response to the Auditor of State.	146817
The response shall include the following:	146818

(1) An overview of the process the sponsor will use to review	146819
and understand the circumstances that led to the community school	146820
becoming unauditable;	146821

(2) A plan for providing the Auditor of State with the	146822
documentation necessary to complete an audit of the community	146823
school and for ensuring that all financial documents are available	146824
in the future;	146825

(3) The actions the sponsor will take to ensure that the plan	146826
described in division (C)(2) of this section is implemented.	146827

(D) If a community school fails to make reasonable efforts	146828
and continuing progress to bring its accounts, records, files, or	146829
reports into an auditable condition within ninety days after being	146830
declared unauditable, the Auditor of State, in addition to	146831
requesting legal action under sections 117.41 and 117.42 of the	146832
Revised Code, shall notify the Department of the school's failure.	146833
If the Auditor of State or a public accountant subsequently is	146834
able to complete a financial audit of the school, the Auditor of	146835
State shall notify the Department that the audit has been	146836
completed.	146837

(E) Notwithstanding any provision to the contrary in Chapter	146838
3314. of the Revised Code or any other provision of law, upon	146839
notification by the Auditor of State under division (D) of this	146840
section that a community school has failed to make reasonable	146841
efforts and continuing progress to bring its accounts, records,	146842
files, or reports into an auditable condition following a	146843
declaration that the school is unauditable, the Department shall	146844
immediately cease all payments to the school under Chapter 3314.	146845
of the Revised Code and any other provision of law. Upon	146846
subsequent notification from the Auditor of State under that	146847
division that the Auditor of State or a public accountant was able	146848
to complete a financial audit of the community school, the	146849
Department shall release all funds withheld from the school under	146850
this section.	146851

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

146852

In collaboration with the County Family and Children First	146853
Council, a city, local, or exempted village school district,	146854
community school, STEM school, joint vocational school district,	146855
educational service center, or county board of developmental	146856
disabilities that receives allocations from the Department of	146857
Education from appropriation item 200550, Foundation Funding, or	146858
appropriation item 200540, Special Education Enhancements, may	146859
transfer portions of those allocations to a flexible funding pool	146860
authorized by the Section of this act entitled "FAMILY AND	146861
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	146862
maintenance of effort or for federal or state funding matching	146863
requirements shall not be transferred unless the allocation may	146864
still be used to meet such requirements.	146865

Section 263.433. The Department of Education shall conduct a	146866
study to determine the appropriate amounts and methods of funding	146867
for each category and sub-category of students identified as	146868
gifted under Chapter 3324. of the Revised Code. Elements of the	146869
study shall include, but not be limited to, costs for effective	146870
and appropriate identification, staffing, professional	146871
development, technology, and materials and supplies at the	146872
district level. In addition, the Department shall determine the	146873
costs of statewide support needed for this population. Not later	146874
than March 31, 2014, the Department shall issue a report of its	146875
findings to the General Assembly in accordance with section 101.68	146876
of the Revised Code.	146877

Section 263.440. The Department of Education shall conduct a	146878
formative evaluation of the Jon Peterson Special Needs Scholarship	146879
Program established under sections 3310.51 to 3310.64 of the	146880
Revised Code and shall report its findings to the General	146881
Assembly, in accordance with section 101.68 of the Revised Code,	146882
not later than December 31, 2014.	146883

In conducting the evaluation, the Department shall to the	146884
extent possible gather comments from parents who have been awarded	146885
scholarships under the program, school district officials,	146886
representatives of registered private providers, educators, and	146887
representatives of educational organizations for inclusion in the	146888
report required under this section.	146889

The Department may contract with one or more qualified	146890
researchers who have previous experience evaluating school choice	146891
programs to conduct this study. The Department may accept grants	146892
to assist in funding this study.	146893

Section 263.450. (A) The Ohio Open Enrollment Task Force is	146894
hereby established to review and make recommendations on open	146895
enrollment. The Superintendent of Public Instruction shall consult	146896
with the Governor's Office of 21st Century Education to convene a	146897
taskforce that consists of representatives from school districts	146898
that represent all sectors of Ohio's educational community.	146899

(B) The Superintendent shall designate the chairperson of the	146900
Task Force. All meetings of the Task Force shall be held at the	146901
call of the chairperson.	146902

(C) The Task Force shall review and make recommendations	146903
regarding the process by which students may enroll in other school	146904
districts under open enrollment and the funding mechanisms	146905
associated with open enrollment deductions and credits.	146906

(D) Not later than December 31, 2013, the Task Force shall	146907
issue a report of its findings and recommendations to the	146908
Governor, the President of the Senate, and the Speaker of the	146909
House of Representatives. Upon issuance of the report, the Task	146910
Force shall cease to exist.	146911

Section 263.463. (A) In order to implement the transportation	146912
subsidy prescribed by new section 3327.02 of the Revised Code, as	146913
enacted by this act, the Department of Education shall prescribe	146914
procedures and deadlines for parents or students to apply for that	146915
subsidy for the 2014-2015 school year. The application and notice	146916
procedures and deadlines prescribed by the Department shall allow	146917
sufficient time for school district boards of education to take	146918
the exercise of the parent's or student's option to receive the	146919
subsidy, in lieu of transportation, into account when planning	146920
transportation routes and schedules for the 2014-2015 school year.	146921

(B) The State Board of Education shall adopt rules under	146922
Chapter 119. of the Revised Code prescribing procedures necessary	146923
to implement this section and new section 3327.02 of the Revised	146924
Code, as enacted by this act.	146925

Section 263.470. (A) On July 1, 2013, or as soon as possible	146926
thereafter, notwithstanding any provision of law to the contrary,	146927
and if requested by the Department of Education, the Director of	146928
Budget and Management shall make budget changes made necessary by	146929
the transfer of the operations and related management functions of	146930
the eTech Ohio Commission to the Department of Education, if any,	146931
including administrative organization, program transfers, the	146932
creation of new funds, the transfer of state funds, and the	146933
consolidation of funds, as authorized by this section. The	146934
Director of Budget and Management may, if necessary, establish	146935
encumbrances or parts of encumbrances in the fiscal year 2014-2015	146936
biennium in the appropriate fund and appropriation item for the	146937
same purpose and for payment to the same vendor. The established	146938
encumbrances plus any additional amounts determined to be	146939
necessary for the Ohio Department of Education to perform the	146940
operations and related management functions of the eTech Ohio	146941
Commission are hereby appropriated.	146942

(B) Effective July 1, 2013, the Director of Budget and	146943
Management shall cancel any existing encumbrances against	146944
appropriation item 935607, Gates Foundation Grants, and	146945
re-establish them against appropriation item 200668, Gates	146946
Foundation Grants. The re-established encumbrance amounts are	146947
hereby appropriated. Any business commenced but not completed	146948
under appropriation item 935607 by July 1, 2013, shall be	146949
completed under appropriation item 200668 in the same manner and	146950
with the same effect as if it were completed with regard to	146951
appropriation item 935607.	146952

(C) Effective July 1, 2013, the Director of Budget and	146953
Management shall cancel existing encumbrances against	146954
appropriation item 935408, General Operations, and re-establish	146955
them, as determined to be appropriate by the Director of Budget	146956
and Management, against appropriation item 200464, General	146957
Technology Operations. The re-established encumbrance amounts are	146958
hereby appropriated. Any business commenced but not completed	146959
under appropriation item 935408 by July 1, 2013, shall be	146960
completed, as determined to be appropriate by the Director of	146961
Budget and Management, under appropriation item 200464 in the same	146962
manner and with the same effect as if it were completed with	146963
regard to appropriation item 935408.	146964

(D) Effective July 1, 2013, the Director of Budget and	146965
Management shall cancel existing encumbrances against	146966
appropriation item 935411, Technology Integration and Professional	146967
Development, and re-establish them, as determined to be	146968
appropriate by the Director of Budget and Management, against	146969
appropriation item 200465, Technology Integration and Professional	146970
Development. The re-established encumbrance amounts are hereby	146971
appropriated. Any business commenced but not completed under	146972
appropriation item 935411 by July 1, 2013, shall be completed, as	146973
determined to be appropriate by the Director of Budget and	146974
Management, under appropriation item 200465 in the same manner and	146975
with the same effect as if it were completed with regard to	146976
appropriation item 935411.	146977

(E) There is hereby created the Educational Technology	146978
Practice Office as a cross-functional office comprised of	146979
employees of the Ohio Board of Regents and the Department of	146980
Education, including former employees of the eTech Ohio Commission	146981
transferred to the Ohio Board of Regents and the Department of	146982
Education. The Office shall work with educational service centers	146983
and information technology centers to develop digital learning,	146984
blended learning, and professional development materials using	146985
shared infrastructure. The Office shall also evaluate new	146986
educational technology and methodologies of teaching and learning	146987
and work with educators to increase awareness of such new	146988
technology and methodologies shown to be helpful to Ohio students.	146989

Section 263.473. Notwithstanding section 3321.01 of the	146990
Revised Code, no student who has been admitted to and has	146991
successfully completed kindergarten in the 2012-2013 school year	146992
shall be required to repeat kindergarten based solely on the age	146993
of the student.	146994

Section 263.480. PRIVATE TREATMENT FACILITY PROJECT

146995

(A) As used in this section:

146996

(1) The following are "participating residential treatment	146997
centers":	146998

(a) Private residential treatment facilities that have	146999
entered into a contract with the Department of Youth Services to	147000
provide services to children placed at the facility by the	147001
Department and which, in fiscal year 2014 or fiscal year 2015 or	147002
both, the Department pays through appropriation item 470401,	147003
RECLAIM Ohio;	147004

(b) Abraxas, in Shelby;

147005

147006

(d) F.I.R.S.T., in Mansfield.

147007

(2) "Education program" means an elementary or secondary	147008
education program or a special education program and related	147009
services.	147010

(3) "Served child" means any child receiving an education	147011
program pursuant to division (B) of this section.	147012

(4) "School district responsible for tuition" means a city,	147013
exempted village, or local school district that, if tuition	147014
payment for a child by a school district is required under law	147015
that existed in fiscal year 1998, is the school district required	147016
to pay that tuition.	147017

(5) "Residential child" means a child who resides in a	147018
participating residential treatment center and who is receiving an	147019
educational program under division (B) of this section.	147020

(B) A youth who is a resident of the state and has been	147021
assigned by a juvenile court or other authorized agency to a	147022
residential treatment facility specified in division (A) of this	147023
section shall be enrolled in an approved educational program	147024
located in or near the facility. Approval of the educational	147025
program shall be contingent upon compliance with the criteria	147026
established for such programs by the Department of Education. The	147027
educational program shall be provided by a school district or	147028
educational service center, or by the residential facility itself.	147029
Maximum flexibility shall be given to the residential treatment	147030
facility to determine the provider. In the event that a voluntary	147031
agreement cannot be reached and the residential facility does not	147032
choose to provide the educational program, the educational service	147033
center in the county in which the facility is located shall	147034
provide the educational program at the treatment center to	147035
children under twenty-two years of age residing in the treatment	147036
center.	147037

(C) Any school district responsible for tuition for a	147038
residential child shall, notwithstanding any conflicting provision	147039
of the Revised Code regarding tuition payment, pay tuition for the	147040
child for fiscal year 2014 and fiscal year 2015 to the education	147041
program provider and in the amount specified in this division. If	147042
there is no school district responsible for tuition for a	147043
residential child and if the participating residential treatment	147044
center to which the child is assigned is located in the city,	147045
exempted village, or local school district that, if the child were	147046
not a resident of that treatment center, would be the school	147047
district where the child is entitled to attend school under	147048
sections 3313.64 and 3313.65 of the Revised Code, that school	147049
district, notwithstanding any conflicting provision of the Revised	147050
Code, shall pay tuition for the child for fiscal year 2014 and	147051
fiscal year 2015 under this division unless that school district	147052
is providing the educational program to the child under division	147053
(B) of this section.	147054

A tuition payment under this division shall be made to the	147055
school district, educational service center, or residential	147056
treatment facility providing the educational program to the child.	147057

The amount of tuition paid shall be:

147058

(1) The amount of tuition determined for the district under	147059
division (A) of section 3317.08 of the Revised Code;	147060

(2) In addition, for any student receiving special education	147061
pursuant to an individualized education program as defined in	147062
section 3323.01 of the Revised Code, a payment for excess costs.	147063
This payment shall equal the actual cost to the school district,	147064
educational service center, or residential treatment facility of	147065
providing special education and related services to the student	147066
pursuant to the student's individualized education program, minus	147067
the tuition paid for the child under division (C)(1) of this	147068
section.	147069

A school district paying tuition under this division shall	147070
not include the child for whom tuition is paid in the district's	147071
average daily membership certified under division (A) of section	147072
3317.03 of the Revised Code.	147073

(D) In each of fiscal years 2014 and 2015, the Department of	147074
Education shall reimburse, from appropriations made for the	147075
purpose, a school district, educational service center, or	147076
residential treatment facility, whichever is providing the	147077
service, that has demonstrated that it is in compliance with the	147078
funding criteria for each served child for whom a school district	147079
must pay tuition under division (C) of this section. The amount of	147080
the reimbursement shall be the amount appropriated for this	147081
purpose divided by the full-time equivalent number of children for	147082
whom reimbursement is to be made.	147083

(E) Funds provided to a school district, educational service	147084
center, or residential treatment facility under this section shall	147085
be used to supplement, not supplant, funds from other public	147086
sources for which the school district, service center, or	147087
residential treatment facility is entitled or eligible.	147088

(F) The Department of Education shall track the utilization	147089
of funds provided to school districts, educational service	147090
centers, and residential treatment facilities under this section	147091
and monitor the effect of the funding on the educational programs	147092
they provide in participating residential treatment facilities.	147093
The Department shall monitor the programs for educational	147094
accountability.	147095

Section 265.10. ELC OHIO ELECTIONS COMMISSION

147096

General Revenue Fund	147097

GRF	051321		Operating Expenses		$	333,117		$	333,117		147098
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		147099

General Services Fund Group	147100

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	147101
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	147102
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	147103

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	147105
DIRECTORS	147106

General Services Fund Group	147107

4K90	881609	Operating Expenses	$	737,000	$	741,000	147108
TOTAL GSF General Services							147109
Fund Group			$	737,000	$	741,000	147110
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	147111

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

147113

Accrued Leave Liability Fund Group	147114

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	147115
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	147116
TOTAL ALF Accrued Leave Liability							147117
Fund Group			$	100,087,989	$	102,309,274	147118

Agency Fund Group	147119

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	147120
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	147121
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	147122
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	147123
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	147124
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	147125
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	147126
					147127

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

147128

ACCRUED LEAVE LIABILITY FUND

147129

The foregoing appropriation item 995666, Accrued Leave Fund,	147130
shall be used to make payments from the Accrued Leave Liability	147131
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	147132
If it is determined by the Director of Budget and Management that	147133
additional amounts are necessary, the amounts are hereby	147134
appropriated.	147135

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

147136

The foregoing appropriation item 995667, Disability Fund,	147137
shall be used to make payments from the State Employee Disability	147138
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	147139
Revised Code. If it is determined by the Director of Budget and	147140
Management that additional amounts are necessary, the amounts are	147141
hereby appropriated.	147142

PAYROLL DEDUCTION FUND

147143

The foregoing appropriation item 995673, Payroll Deductions,	147144
shall be used to make payments from the Payroll Deduction Fund	147145
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	147146
is determined by the Director of Budget and Management that	147147
additional appropriation amounts are necessary, the amounts are	147148
hereby appropriated.	147149

STATE EMPLOYEE HEALTH BENEFIT FUND

147150

The foregoing appropriation item 995668, State Employee	147151
Health Benefit Fund, shall be used to make payments from the State	147152
Employee Health Benefit Fund (Fund 8080) pursuant to section	147153
124.87 of the Revised Code. If it is determined by the Director of	147154
Budget and Management that additional amounts are necessary, the	147155
amounts are hereby appropriated.	147156

DEPENDENT CARE SPENDING FUND

147157

The foregoing appropriation item 995669, Dependent Care	147158
Spending Account, shall be used to make payments from the	147159
Dependent Care Spending Fund (Fund 8090) to employees eligible for	147160
dependent care expenses pursuant to section 124.822 of the Revised	147161
Code. If it is determined by the Director of Budget and Management	147162
that additional amounts are necessary, the amounts are hereby	147163
appropriated.	147164

LIFE INSURANCE INVESTMENT FUND

147165

The foregoing appropriation item 995670, Life Insurance	147166
Investment Fund, shall be used to make payments from the Life	147167
Insurance Investment Fund (Fund 8100) for the costs and expenses	147168
of the state's life insurance benefit program pursuant to section	147169
125.212 of the Revised Code. If it is determined by the Director	147170
of Budget and Management that additional amounts are necessary,	147171
the amounts are hereby appropriated.	147172

PARENTAL LEAVE BENEFIT FUND

147173

The foregoing appropriation item 995671, Parental Leave	147174
Benefit Fund, shall be used to make payments from the Parental	147175
Leave Benefit Fund (Fund 8110) to employees eligible for parental	147176
leave benefits pursuant to section 124.137 of the Revised Code. If	147177
it is determined by the Director of Budget and Management that	147178
additional amounts are necessary, the amounts are hereby	147179
appropriated.	147180

HEALTH CARE SPENDING ACCOUNT FUND

147181

The foregoing appropriation item 995672, Health Care Spending	147182
Account, shall be used to make payments from the Health Care	147183
Spending Account Fund (Fund 8130) for payments pursuant to state	147184
employees' participation in a flexible spending account for	147185
non-reimbursed health care expenses and section 124.821 of the	147186
Revised Code. If it is determined by the Director of	147187
Administrative Services that additional appropriation amounts are	147188
necessary, the Director of Administrative Services may request	147189
that the Director of Budget and Management increase such amounts.	147190
Such amounts are hereby appropriated.	147191

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

147192

On July 1, 2013, or as soon as possible thereafter, the	147193
Director of Budget and Management shall transfer $735,000 cash	147194
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	147195
Fund (Fund 4270) used by the Department of Administrative	147196
Services, and up to $5,200,000 cash from the Cost Savings Fund	147197
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	147198
support accrued leave payouts to state employees who are	147199
participating in an annual leave conversion or who are separating	147200
from state service.	147201

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

147202

General Revenue Fund	147203

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		147204
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		147205

General Services Fund Group	147206

5720	125603	Training and Publications	$	85,000	$	85,000	147207
TOTAL GSF General Services							147208
Fund Group			$	85,000	$	85,000	147209
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	147210

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

147212

General Services Fund Group	147213

4K90	892609	Operating	$	996,938	$	993,889	147214
TOTAL GSF General Services							147215
Fund Group			$	996,938	$	993,889	147216
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	147217

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

147219

General Revenue Fund	147220

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		147221
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		147222

General Services Fund Group	147223

1990	715602	Laboratory Services	$	252,153	$	326,029	147224
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	147225
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	147226
4D50	715618	Recycled State Materials	$	50,000	$	50,000	147227
TOTAL GSF General Services							147228
Fund Group			$	13,157,833	$	13,233,709	147229

Federal Special Revenue Fund Group	147230

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	147231
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	147232
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	147233
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	147234
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	147235
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	147236
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	147237
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	147238
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	147239
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	147240
3V70	715606	Agencywide Grants	$	600,000	$	600,000	147241
TOTAL FED Federal Special Revenue							147242
Fund Group			$	46,531,800	$	46,016,675	147243

State Special Revenue Fund Group	147244

4J00	715638	Underground Injection Control	$	389,126	$	402,697	147245
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	147246
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	147247
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	147248
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	147249
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	147250
4P50	715654	Cozart Landfill	$	100,000	$	100,000	147251
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	147252
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	147253
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	147254
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	147255
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	147256
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	147257
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	147258
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	147259
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	147260
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	147261
5420	715671	Risk Management Reporting	$	208,936	$	214,826	147262
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	147263
5BC0	715617	Clean Ohio	$	611,455	$	611,455	147264
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	147265
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	147266
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	147267
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	147268
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	147269
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	147270
5BC0	715678	Corrective Actions	$	705,423	$	705,423	147271
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	147272
5BC0	715692	Administration	$	10,582,627	$	10,582,627	147273
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	147274
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	147275
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	147276
5H40	715664	Groundwater Support	$	128,212	$	223,212	147277
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	147278
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	147279
6600	715629	Infectious Waste Management	$	88,764	$	88,764	147280
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	147281
6780	715635	Air Toxic Release	$	133,636	$	133,636	147282
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	147283
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	147284
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	147285
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	147286
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	147287

Clean Ohio Conservation Fund Group	147288

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	147289
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	147290
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	147291

AREAWIDE PLANNING AGENCIES

147292

The Director of Environmental Protection Agency may award	147293
grants from appropriation item 715687, Areawide Planning Agencies,	147294
to areawide planning agencies engaged in areawide water quality	147295
management and planning activities in accordance with Section 208	147296
of the "Federal Clean Water Act," 33 U.S.C. 1288.	147297

CASH TRANSFERS

147298

On July 1, 2013, or as soon as possible thereafter, the	147299
Director of Budget and Management may transfer up to $11,400,000	147300
cash from the Hazardous Waste Management Fund (Fund 5030) to the	147301
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	147302
corrective action programs that were transferred to the Division	147303
of Environmental Response and Revitalization.	147304

On July 1, 2013, or as soon as possible thereafter, the	147305
Director of Environmental Protection shall certify to the Director	147306
of Budget and Management the cash balance in the Dredge and Fill	147307
Fund (Fund 5N20). The Director of Budget and Management shall	147308
transfer the certified amount from Fund 5N20 to the Surface Water	147309
Protection Fund (Fund 4K40). Any existing encumbrances against	147310
appropriation item 715613, Dredge and Fill, shall be canceled and	147311
reestablished against appropriation item 715650, Surface Water	147312
Protection. The reestablished encumbrance amounts are hereby	147313
appropriated and Fund 5N20 is abolished.	147314

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

147315

General Revenue Fund	147316

GRF	172321	Operating Expenses	$	545,530	$	545,530	147317
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	147318
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	147319

Section 278.10. ETC BROADCAST EDUCATIONAL MEDIA COMMISSION

147321

General Revenue Fund	147322

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	147323
GRF	935402	Ohio Government Telecommunications Services	$	1,252,089	$	1,252,089	147324
GRF	935408	General Operations	$	750,000	$	750,000	147325
GRF	935409	Technology Operations	$	2,500,000	$	2,500,000	147326
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	147327
GRF	935412	Information Technology	$	500,000	$	500,000	147328
TOTAL GRF General Revenue Fund			$	7,824,744	$	7,824,744	147329

General Services Fund Group	147330

4F30	935603	Affiliate Services	$	50,000	$	147331
4T20	935605	Government Television/Telecommunications Operating	$	30,000	$	147332
TOTAL GSF General Services Fund Group			$	80,000	$	147333

TOTAL ALL BUDGET FUND GROUPS

7,904,744

7,824,744

147334

Section 278.20. STATEHOUSE NEWS BUREAU

147336

The foregoing appropriation item 935401, Statehouse News	147337
Bureau, shall be used solely to support the operations of the Ohio	147338
Statehouse News Bureau.	147339

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

147340

The foregoing appropriation item 935402, Ohio Government	147341
Telecommunications Services, shall be used solely to support the	147342
operations of Ohio Government Telecommunications Services which	147343
include providing multimedia support to the state government and	147344
its affiliated organizations and broadcasting the activities of	147345
the legislative, judicial, and executive branches of state	147346
government, among its other functions.	147347

TECHNOLOGY OPERATIONS

147348

Of the foregoing appropriation item 935409, Technology	147349
Operations, the Broadcast Educational Media Commission shall	147350
provide up to $1,000,000 in each fiscal year to the Board of	147351
Regents in order for the Board of Regents to provide grants on a	147352
competitive basis to public and chartered nonpublic schools for	147353
their participation in the electronic textbook pilot project.	147354
These grants shall be administered as provided under the section	147355
of this act entitled ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1,	147356
2014, or as soon as possible thereafter, the Chancellor of the	147357
Board of Regents may certify to the Director of Budget and	147358
Management the amount of the unexpended, unencumbered balance of	147359
this set aside at the end of fiscal year 2014 to be appropriated	147360
to fiscal year 2015. The amount certified is hereby reappropriated	147361
for the same purpose for fiscal year 2015.	147362

The remainder of the foregoing appropriation item 935409,	147363
Technology Operations, shall be used by the Broadcast Educational	147364
Media Commission to pay expenses of the network infrastructure,	147365
which includes the television and radio transmission	147366
infrastructure and infrastructure that shall link all public K-12	147367
classrooms to each other and to the Internet, and provide access	147368
to voice, video, other communication services, and data	147369
educational resources for students and teachers.	147370

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

147371

The foregoing appropriation item 935410, Content Development,	147372
Acquisition, and Distribution, shall be used for the development,	147373
acquisition, and distribution of information resources by public	147374
media and radio reading services and for educational use in the	147375
classroom and online.	147376

Of the foregoing appropriation item 935410, Content	147377
Development, Acquisition, and Distribution, up to $658,099 in each	147378
fiscal year shall be allocated equally among the 12 Ohio	147379
educational television stations. Funds shall be used for the	147380
production of interactive instructional programming series with	147381
priority given to resources aligned with state academic content	147382
standards. The programming shall be targeted to the needs of the	147383
poorest two hundred school districts as determined by the	147384
district's adjusted valuation per pupil as defined in former	147385
section 3317.0213 of the Revised Code as that section existed	147386
prior to June 30, 2005.	147387

Of the foregoing appropriation item 935410, Content	147388
Development, Acquisition, and Distribution, up to $1,749,283 in	147389
each fiscal year shall be distributed by the Broadcast Educational	147390
Media Commission to Ohio's qualified public educational television	147391
stations and educational radio stations to support their	147392
operations. The funds shall be distributed pursuant to an	147393
allocation formula used by the Ohio Educational Telecommunications	147394
Network Commission unless a substitute formula is developed by the	147395
Broadcast Educational Media Commission in consultation with Ohio's	147396
qualified public educational television stations and educational	147397
radio stations.	147398

Of the foregoing appropriation item 935410, Content	147399
Development, Acquisition, and Distribution, up to $199,712 in each	147400
fiscal year shall be distributed by the Broadcast Educational	147401
Media Commission to Ohio's qualified radio reading services to	147402
support their operations. The funds shall be distributed pursuant	147403
to an allocation formula used by the Ohio Educational	147404
Telecommunications Network Commission unless a substitute formula	147405
is developed by the Broadcast Educational Media Commission in	147406
consultation with Ohio's qualified radio reading services.	147407

Section 279.10. ETH OHIO ETHICS COMMISSION

147408

General Revenue Fund	147409

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		147410
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		147411

General Services Fund Group	147412

4M60	146601	Operating Expenses	$	636,388	$	641,000	147413
TOTAL GSF General Services							147414
Fund Group			$	636,388	$	641,000	147415
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	147416

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

147418

General Revenue Fund	147419

GRF	723403	Junior Fair Subsidy	$	250,000	$	250,000	147420
GRF	723501	Construction Planning	$	670,000	$	0	147421
TOTAL GRF General Revenue Fund			$	920,000	$	250,000	147422

State Special Revenue Fund Group	147423

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	147424
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	147425
TOTAL SSR State Special Revenue							147426
Fund Group			$	13,129,000	$	13,129,000	147427
TOTAL ALL BUDGET FUND GROUPS			$	14,049,000	$	13,379,000	147428

CONSTRUCTION PLANNING

147429

The foregoing appropriation item 723501, Construction	147430
Planning, shall be used for acquiring purchased services for new	147431
and renovated facility planning, including, but not limited to,	147432
necessary architectural engineering, land or facility use	147433
consulting services, and facility construction. An amount equal to	147434
the unexpended, unencumbered portion of the foregoing	147435
appropriation item 723501, Construction Planning, is hereby	147436
reappropriated for the same purpose in FY 2015.	147437

STATE FAIR RESERVE

147438

The General Manager of the Expositions Commission, in	147439
consultation with the Director of Budget and Management, may	147440
submit a request to the Controlling Board to use available amounts	147441
in the State Fair Reserve Fund (Fund 6400) if revenues for the	147442
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	147443
unexpectedly low.	147444

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

147445

General Revenue Fund	147446

GRF	230401	Lease Rental Payments - Cultural Facilities	$	10,550,568	$	29,854,500	147447
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	147448
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	147449
TOTAL GRF General Revenue Fund			$	364,852,419	$	409,464,951	147450

General Services Fund Group	147451

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		147452
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		147453

State Special Revenue Fund Group	147454

4T80	230603	Community Project Administration	$	150,000	$	200,000	147455
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	147456
TOTAL SSR State Special Revenue							147457
Fund Group			$	8,700,000	$	8,750,000	147458
TOTAL ALL BUDGET FUND GROUPS			$	383,015,761	$	427,678,293	147459

Section 282.20. LEASE RENTAL PAYMENTS

147461

The foregoing appropriation item 230401, Lease Rental	147462
Payments - Cultural Facilities, shall be used to meet all payments	147463
at the times they are required to be made during the period from	147464
January 1, 2014, through June 30, 2015, from the Ohio Facilities	147465
Construction Commission under the primary leases and agreements	147466
for those arts and sports facilities made under Chapters 152. and	147467
154. of the Revised Code. These appropriations are the source of	147468
funds pledged for bond service charges on related obligations	147469
issued under Chapters 152. and 154. of the Revised Code.	147470

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

147471

The foregoing appropriation item 230908, Common Schools	147472
General Obligation Debt Service, shall be used to pay all debt	147473
service and related financing costs at the times they are required	147474
to be made during the period from July 1, 2013, through June 30,	147475
2015, for obligations issued under sections 151.01 and 151.03 of	147476
the Revised Code.	147477

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

147478

The foregoing appropriation item 230603, Community Project	147479
Administration, shall be used by the Ohio Facilities Construction	147480
Commission in administering Cultural and Sports Facilities	147481
Building Fund (Fund 7030) projects pursuant to section 123.201 of	147482
the Revised Code.	147483

Section 282.40. OPERATING EXPENSES

147484

The foregoing appropriation item 230644, Operating Expenses,	147485
shall be used by the Ohio School Facilities Commission to carry	147486
out its responsibilities under this section and Chapter 3318. of	147487
the Revised Code.	147488

In both fiscal years 2014 and 2015, the Executive Director of	147489
the Ohio School Facilities Commission shall certify on a quarterly	147490
basis to the Director of Budget and Management the amount of cash	147491
from interest earnings to be transferred from the School Building	147492
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	147493
7021), and the Educational Facilities Trust Fund (Fund N087) to	147494
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	147495
transferred from the School Building Assistance Fund (Fund 7032)	147496
may not exceed investment earnings credited to the fund, less any	147497
amount required to be paid for federal arbitrage rebate purposes.	147498

If the Executive Director of the Ohio Facilities Construction	147499
Commission determines that transferring cash from interest	147500
earnings is insufficient to support operations and carry out its	147501
responsibilities under this section and Chapter 3318. of the	147502
Revised Code, the Commission may, with the approval of the	147503
Controlling Board, transfer cash not generated from interest from	147504
the Public School Building Fund (Fund 7021) and the Educational	147505
Trust Fund (Fund N087) to the Ohio School Facilities Commission	147506
Fund (Fund 5E30).	147507

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

147508

At the request of the Executive Director of the Ohio School	147509
Facilities Commission, the Director of Budget and Management may	147510
cancel encumbrances for school district projects from a previous	147511
biennium if the district has not raised its local share of project	147512
costs within thirteen months of receiving Controlling Board	147513
approval under section 3318.05 or 3318.41 of the Revised Code. The	147514
Executive Director of the Ohio School Facilities Commission shall	147515
certify the amounts of the canceled encumbrances to the Director	147516
of Budget and Management on a quarterly basis. The amounts of the	147517
canceled encumbrances are hereby appropriated.	147518

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	147519
APPROPRIATIONS	147520

On January 1, 2014, or as soon as possible thereafter, the	147521
Executive Director of the Facilities Construction Commission shall	147522
certify to the Director of Budget and Management the amount of	147523
cash receipts and related investment income, irrevocable letters	147524
of credit from a bank, or certification of the availability of	147525
funds that have been received from a county or a municipal	147526
corporation for deposit into the Capital Donations Fund (Fund	147527
5A10) and that are related to an anticipated project. These	147528
amounts are hereby appropriated to appropriation item C37146,	147529
Capital Donations. Prior to certifying these amounts to the	147530
Director, the Executive Director shall make a written agreement	147531
with the participating entity on the necessary cash flows required	147532
for the anticipated construction or equipment acquisition project.	147533

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	147534
MAINTENANCE LEVY	147535

The Ohio School Facilities Commission shall amend the project	147536
agreement between the Commission and a school district that is	147537
participating in the Accelerated Urban School Building Assistance	147538
Program on the effective date of this section, if the Commission	147539
determines that it is necessary to do so in order to comply with	147540
division (B)(3)(c) of section 3318.38 of the Revised Code.	147541

Section 282.70. Notwithstanding any other provision of law to	147542
the contrary, the Ohio School Facilities Commission may determine	147543
the amount of funding available for disbursement in a given fiscal	147544
year for any project approved under sections 3318.01 to 3318.20 of	147545
the Revised Code in order to keep aggregate state capital spending	147546
within approved limits and may take actions including, but not	147547
limited to, determining the schedule for design or bidding of	147548
approved projects, to ensure appropriate and supportable cash	147549
flow.	147550

Section 282.80. Notwithstanding division (B) of section	147551
3318.40 of the Revised Code, the Ohio School Facilities Commission	147552
may provide assistance to at least one joint vocational school	147553
district each fiscal year for the acquisition of classroom	147554
facilities in accordance with sections 3318.40 to 3318.45 of the	147555
Revised Code.	147556

Section 282.90. Effective January 1, 2014, the Ohio Cultural	147557
Facilities Commission is abolished. Except as otherwise provided	147558
in this section, all obligations of the Ohio Cultural Facilities	147559
Commission under agreements to which the Ohio Cultural Facilities	147560
Commission is a party, and all records and assets of the Ohio	147561
Cultural Facilities Commission, including, without limitation,	147562
equipment, inventory, contract rights, accounts, and general	147563
intangibles, are transferred to the Ohio Facilities Construction	147564
Commission.	147565

The Ohio Facilities Construction Commission shall designate	147566
the positions, if any, to be transferred to the Ohio Facilities	147567
Construction Commission, along with any equipment assigned to	147568
those positions. Any employee transferred to the Ohio Facilities	147569
Construction Commission retains the employee's respective	147570
classification, but the Ohio Facilities Construction Commission	147571
may reassign and reclassify the employee's position and	147572
compensation as the Ohio Facilities Construction Commission	147573
determines to be in the best interest of office administration.	147574

The Ohio Facilities Construction Commission shall complete	147575
any activities related to the design, planning, construction, and	147576
related management functions commenced but not completed by the	147577
Ohio Cultural Facilities Commission in the same manner and with	147578
the same effect as if the Ohio Cultural Facilities Commission had	147579
completed them. The consolidation of the commissions shall not	147580
cause the loss or impairment of any validation, cure, right,	147581
privilege, remedy, obligation, or liability, which the Ohio	147582
Facilities Construction Commission shall administer.	147583

All rules, orders, and determinations related to the design,	147584
planning, and construction and related management functions of the	147585
Ohio Cultural Facilities Commission continue in effect as rules,	147586
orders, and determinations of the Ohio Facilities Construction	147587
Commission until the Ohio Facilities Construction Commission	147588
modifies or rescinds them. The Director of the Legislative Service	147589
Commission shall renumber the rules of the Ohio Cultural	147590
Facilities Commission related to that commission's design,	147591
planning, and construction and related management functions to	147592
reflect their transfer to the Ohio Facilities Construction	147593
Commission.	147594

The transfer of functions from the Ohio Cultural Facilities	147595
Commission to the Ohio Facilities Construction Commission does not	147596
affect any pending judicial or administrative action or proceeding	147597
to which the Ohio Cultural Facilities Commission is a party and	147598
that is related to that commission's design, planning,	147599
construction, capital funding, or related management functions.	147600
Any such action or proceeding shall be prosecuted or defended in	147601
the name of the Ohio Facilities Construction Commission. On	147602
application to the court or agency, the Ohio Facilities	147603
Construction Commission shall be substituted for the Ohio Cultural	147604
Facilities Commission as a party to the action or proceeding.	147605

Effective January 1, 2014, the Director of Budget and	147606
Management shall cancel any existing encumbrances against	147607
appropriation item 371603, Project Administration, and	147608
re-establish them against appropriation item 230603, Community	147609
Project Administration. The re-established encumbrance amounts are	147610
hereby appropriated. Any business commenced but not completed	147611
under appropriation item 371603 by January 1, 2014, shall be	147612
completed under appropriation item 230603 in the same manner and	147613
with the same effect as if it were completed with regard to	147614
appropriation item 371603.	147615

Funds collected as part of a management contract for the	147616
Riffe Theatres, which previously were deposited in the Ohio	147617
Cultural Facilities Commission Administration Fund (Fund 4T80),	147618
shall be credited to the Theater Equipment Maintenance Fund (Fund	147619
5MV0), which is hereby created in the State Treasury. The Director	147620
of Budget and Management shall transfer from the Ohio Cultural	147621
Facilities Commission Administration Fund to the Theater Equipment	147622
Maintenance Fund any remaining cash balances from funds collected	147623
as part of a management contract for the Riffe Theatres. In order	147624
to facilitate this transfer, the Executive Director of the Ohio	147625
Facilities Construction Commission, by January 1, 2014, or as soon	147626
as possible thereafter, shall certify to the Director of Budget	147627
and Management an estimate of the amount to be transferred. The	147628
Department of Administrative Services shall use appropriation item	147629
100662, Theater Equipment Maintenance, to spend cash in the	147630
Theater Equipment Maintenance Fund (Fund 5MV0).	147631

The Ohio Facilities Construction Commission may enter into an	147632
interagency agreement with the Department of Administrative	147633
Services for the Department to perform any of the functions	147634
transferred to the Ohio Facilities Construction Commission under	147635
this section.	147636

Any reference to the Ohio Cultural Facilities Commission in	147637
any statute, rule, contract, grant, or other document is deemed to	147638
refer to the Ohio Facilities Construction Commission.	147639

The Ohio Facilities Construction Commission, the Ohio Public	147640
Facilities Commission, and the issuing authority of any	147641
obligations issued for the financing of capital facilities for	147642
Ohio cultural facilities and Ohio sports facilities may execute	147643
instruments, documents, and agreements and may take necessary or	147644
appropriate actions to effect the orderly transfer of those	147645
obligations from the Ohio Cultural Facilities Commission to the	147646
Ohio Facilities Construction Commission.	147647

This section takes effect January 1, 2014.

147648

Section 283.10. GOV OFFICE OF THE GOVERNOR

147649

General Revenue Fund	147650

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		147651
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		147652

General Services Fund Group	147653

5AK0	040607		Government Relations		$	365,149		$	365,149		147654
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		147655

TOTAL ALL BUDGET FUND GROUPS

3,216,701

147656

GOVERNMENT RELATIONS

147657

A portion of the foregoing appropriation item 040607,	147658
Government Relations, may be used to support Ohio's membership in	147659
national or regional associations.	147660

The Office of the Governor may charge any state agency of the	147661
executive branch using an intrastate transfer voucher such amounts	147662
necessary to defray the costs incurred for the conduct of	147663
governmental relations associated with issues that can be	147664
attributed to the agency. Amounts collected shall be deposited in	147665
the Government Relations Fund (Fund 5AK0).	147666

Section 285.10. DOH DEPARTMENT OF HEALTH

147667

General Revenue Fund	147668

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	147669
GRF	440413	Local Health Departments	$	823,061	$	823,061	147670
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	147671
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	147672
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	147673
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	147674
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	147675
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	147676
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	147677
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	147678
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	147679
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	147680
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	147681
GRF	440467	Access to Dental Care	$	540,484	$	540,484	147682
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	147683
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	147684
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	147685
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	147686
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	147687
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	147688
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	147689
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	147690

State Highway Safety Fund Group	147691

4T40	440603	Child Highway Safety	$	233,894	$	233,894	147692
TOTAL HSF State Highway Safety							147693
Fund Group			$	233,894	$	233,894	147694

General Services Fund Group	147695

1420	440646	Agency Health Services	$	820,998	$	820,998	147696
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	147697
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	147698
6980	440634	Nurse Aide Training	$	99,265	$	99,265	147699
TOTAL GSF General Services							147700
Fund Group			$	36,535,854	$	36,972,732	147701

Federal Special Revenue Fund Group	147702

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	147703
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	147704
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	147705
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	147706
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	147707
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	147708
TOTAL FED Federal Special Revenue							147709
Fund Group			$	455,010,657	$	457,383,142	147710

State Special Revenue Fund Group	147711

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	147712
4710	440619	Certificate of Need	$	878,433	$	878,433	147713
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	147714
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	147715
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	147716
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	147717
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	147718
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	147719
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	147720
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	147721
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	147722
5CN0	440645	Choose Life	$	75,000	$	75,000	147723
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	147724
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	147725
5G40	440639	Adoption Services	$	20,000	$	20,000	147726
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	147727
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	147728
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	147729
TOTAL SSR State Special Revenue							147730
Fund Group			$	68,601,542	$	68,946,022	147731

Holding Account Redistribution Fund Group	147732

R014	440631	Vital Statistics	$	44,986	$	44,986	147733
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	147734
TOTAL 090 Holding Account							147735
Redistribution Fund Group			$	64,986	$	64,986	147736

Tobacco Master Settlement Agreement Fund Group	147737

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	147738
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	147739
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	653,658,390	147740

Section 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

147742

Of the foregoing appropriation item 440416, Mothers and	147743
Children Safety Net Services, $200,000 in each fiscal year shall	147744
be used to assist families with hearing impaired children under	147745
twenty-one years of age in purchasing hearing aids. The Director	147746
of Health shall adopt rules governing the distribution of these	147747
funds, including rules that do both of the following: (1)	147748
establish eligibility criteria to include families with incomes at	147749
or below four hundred per cent of the federal poverty guidelines	147750
as defined in section 5101.46 of the Revised Code, and (2) develop	147751
a sliding scale of disbursements under this section based on	147752
family income. The Director may adopt other rules as necessary to	147753
implement this section. Rules adopted under this section shall be	147754
adopted in accordance with Chapter 119. of the Revised Code.	147755

The Department shall disburse all of the funds appropriated	147756
under this section.	147757

HIV/AIDS PREVENTION/TREATMENT

147758

The foregoing appropriation item 440444, AIDS Prevention and	147759
Treatment, shall be used to assist persons with HIV/AIDS in	147760
acquiring HIV-related medications and to administer educational	147761
prevention initiatives.	147762

PUBLIC HEALTH LABORATORY

147763

A portion of the foregoing appropriation item 440451, Public	147764
Health Laboratory, shall be used for coordination and management	147765
of prevention program operations and the purchase of drugs for	147766
sexually transmitted diseases.	147767

HELP ME GROW

147768

The foregoing appropriation item 440459, Help Me Grow, shall	147769
be used by the Department of Health to implement the Help Me Grow	147770
Program. Funds shall be distributed to counties through	147771
agreements, contracts, grants, or subsidies in accordance with	147772
section 3701.61 of the Revised Code. Appropriation item 440459,	147773
Help Me Grow, may be used in conjunction with other early	147774
childhood funds and services to promote the optimal development of	147775
young children and family-centered programs and services that	147776
acknowledge and support the social, emotional, cognitive,	147777
intellectual, and physical development of children and the vital	147778
role of families in ensuring the well-being and success of	147779
children. The Department of Health shall enter into interagency	147780
agreements with the Department of Education, Department of	147781
Developmental Disabilities, Department of Job and Family Services,	147782
and Department of Mental Health and Addiction Services to ensure	147783
that all early childhood programs and initiatives are coordinated	147784
and school linked.	147785

The foregoing appropriation item 440459, Help Me Grow, may	147786
also be used for the Developmental Autism and Screening Program.	147787

INFANT VITALITY

147788

The foregoing appropriation item 440474, Infant Vitality,	147789
shall be used to fund the following projects, which are hereby	147790
created:	147791

(A) The Infant Safe Sleep Campaign to educate parents and	147792
caregivers with a uniform message regarding safe sleep	147793
environments;	147794

(B) The Progesterone Prematurity Prevention Project to enable	147795
prenatal care providers to identify, screen, treat, and track	147796
outcomes for women eligible for progesterone supplementation; and	147797

(C) The Prenatal Smoking Cessation Project to enable prenatal	147798
care providers who work with women of reproductive age, including	147799
pregnant women, to have the tools, training, and technical	147800
assistance needed to treat smokers effectively.	147801

TARGETED HEALTH CARE SERVICES OVER 21

147802

The foregoing appropriation item 440507, Targeted Health Care	147803
Services Over 21, shall be used to administer the Cystic Fibrosis	147804
Program and to implement the Hemophilia Insurance Premium Payment	147805
Program.	147806

The foregoing appropriation item 440507, Targeted Health Care	147807
Services Over 21, shall also be used to provide essential	147808
medications and to pay the copayments for drugs approved by the	147809
Department of Health and covered by Medicare Part D that are	147810
dispensed to Bureau for Children with Medical Handicaps (BCMH)	147811
participants for the Cystic Fibrosis Program.	147812

The Department shall expend all of these funds.

147813

GENETICS SERVICES

147814

The foregoing appropriation item 440608, Genetics Services	147815
(Fund 4D60), shall be used by the Department of Health to	147816
administer programs authorized by sections 3701.501 and 3701.502	147817
of the Revised Code. None of these funds shall be used to counsel	147818
or refer for abortion, except in the case of a medical emergency.	147819

MEDICALLY HANDICAPPED CHILDREN AUDIT

147820

The Medically Handicapped Children Audit Fund (Fund 4770)	147821
shall receive revenue from audits of hospitals and recoveries from	147822
third-party payers. Moneys may be expended for payment of audit	147823
settlements and for costs directly related to obtaining recoveries	147824
from third-party payers and for encouraging Medically Handicapped	147825
Children's Program recipients to apply for third-party benefits.	147826
Moneys also may be expended for payments for diagnostic and	147827
treatment services on behalf of medically handicapped children, as	147828
defined in division (A) of section 3701.022 of the Revised Code,	147829
and Ohio residents who are twenty-one or more years of age and who	147830
are suffering from cystic fibrosis or hemophilia. Moneys may also	147831
be expended for administrative expenses incurred in operating the	147832
Medically Handicapped Children's Program.	147833

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

147834

The foregoing appropriation item 440607, Medically	147835
Handicapped Children - County Assessments (Fund 6660), shall be	147836
used to make payments under division (E) of section 3701.023 of	147837
the Revised Code.	147838

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	147839
THE TOBACCO USE PREVENTION FUND	147840

On July 1, 2013, or as soon as possible thereafter, the	147841
Director of Budget and Management shall transfer $2,439,230 cash	147842
from the Public Health Priorities Trust Fund (Fund L087) to the	147843
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	147844
needs of the Department of Health's tobacco enforcement and	147845
cessation efforts.	147846

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	147847
STRUCTURE	147848

Upon request from the Director of Health, the Director of	147849
Budget and Management may establish new funds, new appropriation	147850
items, and appropriations in order to support the transition to a	147851
new appropriation item structure in the Department of Health's	147852
budget. Also, upon request of the Director of Health, the Director	147853
of Budget and Management may transfer appropriations between GRF	147854
appropriation items, transfer cash between any funds used by the	147855
Department of Health, abolish existing funds used by the	147856
Department of Health, and cancel and reestablish encumbrances. Any	147857
establishment of new funds or appropriation items, any transfers	147858
of appropriations or cash, and any increases in appropriation	147859
under this section are subject to Controlling Board approval.	147860

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

147861

Agency Fund Group	147862

4610	372601	Operating Expenses	$	12,500	$	12,500	147863
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	147864
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	147865

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

147867

General Revenue Fund	147868

GRF	148100	Personal Services	$	279,998	$	279,998	147869
GRF	148402	Community Programs	$	44,924	$	44,924	147870
TOTAL GRF General Revenue Fund			$	324,922	$	324,922	147871

General Services Fund Group	147872

6010	148602	Special Initiatives	$	24,558	$	24,558	147873
TOTAL GSF General Services							147874
Fund Group			$	24,558	$	24,558	147875
TOTAL ALL BUDGET FUND GROUPS			$	349,480	$	349,480	147876

Section 291.10. OHS OHIO HISTORICAL SOCIETY

147878

General Revenue Fund	147879

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	147880
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	147881
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	147882
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	147883
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	147884
GRF	360508	State Historical Grants	$	550,000	$	400,000	147885
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	147886
TOTAL GRF General Revenue Fund			$	9,699,625	$	10,049,625	147887

Agency Fund Group	147888

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	147889
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	147890
TOTAL ALL BUDGET FUND GROUPS			$	9,949,625	$	10,299,625	147891

SUBSIDY APPROPRIATION

147892

Upon approval by the Director of Budget and Management, the	147893
foregoing appropriation items shall be released to the Ohio	147894
Historical Society in quarterly amounts that in total do not	147895
exceed the annual appropriations. The funds and fiscal records of	147896
the society for fiscal year 2014 and fiscal year 2015 shall be	147897
examined by independent certified public accountants approved by	147898
the Auditor of State, and a copy of the audited financial	147899
statements shall be filed with the Office of Budget and	147900
Management. The society shall prepare and submit to the Office of	147901
Budget and Management the following:	147902

(A) An estimated operating budget for each fiscal year of the	147903
biennium. The operating budget shall be submitted at or near the	147904
beginning of each calendar year.	147905

(B) Financial reports, indicating actual receipts and	147906
expenditures for the fiscal year to date. These reports shall be	147907
filed at least semiannually during the fiscal biennium.	147908

The foregoing appropriations shall be considered to be the	147909
contractual consideration provided by the state to support the	147910
state's offer to contract with the Ohio Historical Society under	147911
section 149.30 of the Revised Code.	147912

STATE HISTORICAL GRANTS

147913

Of the foregoing appropriation item 360508, State Historical	147914
Grants, $200,000 in each fiscal year shall be used for the	147915
Cincinnati Museum Center, $200,000 in each fiscal year shall be	147916
used for the Western Reserve Historical Society, and $150,000 in	147917
fiscal year 2014 shall be used to complete renovations and	147918
additional construction work on the Chardon Heritage House.	147919

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

147920

General Revenue Fund	147921

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		147922
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		147923

General Services Fund Group	147924

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	147925
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	147926
TOTAL GSF General Services							147927
Fund Group			$	1,471,513	$	1,471,513	147928
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	147929

OPERATING EXPENSES

147930

On July 1, 2013, or as soon as possible thereafter, the Chief	147931
Administrative Officer of the House of Representatives may certify	147932
to the Director of Budget and Management the amount of the	147933
unexpended, unencumbered balance of the foregoing appropriation	147934
item 025321, Operating Expenses, at the end of fiscal year 2013 to	147935
be reappropriated to fiscal year 2014. The amount certified is	147936
hereby reappropriated to the same appropriation item for fiscal	147937
year 2014.	147938

On July 1, 2014, or as soon as possible thereafter, the Chief	147939
Administrative Officer of the House of Representatives may certify	147940
to the Director of Budget and Management the amount of the	147941
unexpended, unencumbered balance of the foregoing appropriation	147942
item 025321, Operating Expenses, at the end of fiscal year 2014 to	147943
be reappropriated to fiscal year 2015. The amount certified is	147944
hereby reappropriated to the same appropriation item for fiscal	147945
year 2015.	147946

HOUSE REIMBURSEMENT

147947

If it is determined by the Chief Administrative Officer of	147948
the House of Representatives that additional appropriations are	147949
necessary for the foregoing appropriation item 025601, House	147950
Reimbursement, the amounts are hereby appropriated.	147951

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

147952

State Special Revenue Fund Group	147953

5AZ0	997601	Housing Finance Agency Personal Services	$	12,526,713	$	12,850,014	147954
TOTAL SSR State Special Revenue Fund Group			$	12,526,713	$	12,850,014	147955
TOTAL ALL BUDGET FUND GROUPS			$	12,526,713	$	12,850,014	147956

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

147958

General Revenue Fund	147959

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	147960
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	147961
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	147962

General Services Fund Group	147963

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	147964
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	147965
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	147966
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	147967
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	147968

Section 299.10. INS DEPARTMENT OF INSURANCE

147970

Federal Special Revenue Fund Group	147971

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	147972
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	147973
TOTAL FED Federal Special							147974
Revenue Fund Group			$	3,270,725	$	3,270,725	147975

State Special Revenue Fund Group	147976

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	147977
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	147978
5550	820605	Examination	$	8,184,065	$	8,184,065	147979
TOTAL SSR State Special Revenue							147980
Fund Group			$	35,934,498	$	33,274,432	147981
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	147982

MARKET CONDUCT EXAMINATION

147983

When conducting a market conduct examination of any insurer	147984
doing business in this state, the Superintendent of Insurance may	147985
assess the costs of the examination against the insurer. The	147986
superintendent may enter into consent agreements to impose	147987
administrative assessments or fines for conduct discovered that	147988
may be violations of statutes or rules administered by the	147989
Superintendent. All costs, assessments, or fines collected shall	147990
be deposited to the credit of the Department of Insurance	147991
Operating Fund (Fund 5540).	147992

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

147993

The Director of Budget and Management, at the request of the	147994
Superintendent of Insurance, may transfer funds from the	147995
Department of Insurance Operating Fund (Fund 5540), established by	147996
section 3901.021 of the Revised Code, to the Superintendent's	147997
Examination Fund (Fund 5550), established by section 3901.071 of	147998
the Revised Code, only for expenses incurred in examining domestic	147999
fraternal benefit societies as required by section 3921.28 of the	148000
Revised Code.	148001

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

148002

Not later than the thirty-first day of July each fiscal year,	148003
the Director of Budget and Management shall transfer $5,000,000	148004
from the Department of Insurance Operating Fund (Fund 5540) to the	148005
General Revenue Fund.	148006

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

148007

General Revenue Fund	148008

GRF	600321	Program Support	$	31,320,964	$	31,109,751	148009
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	148010
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	148011
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	148012
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	148013
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	148014
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	148015
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	148016
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	148017
GRF	600521	Family Assistance - Local	$	41,282,751	$	41,282,751	148018
GRF	600523	Family and Children Services	$	54,105,323	$	54,105,323	148019
GRF	600528	Adoption Services					148020
		State	$	28,623,389	$	28,623,389	148021
		Federal	$	38,202,557	$	38,202,557	148022
		Adoption Services Total	$	66,825,946	$	66,825,946	148023
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	148024
GRF	600534	Adult Protective Services	$	366,003	$	366,003	148025
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	148026
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	148027
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	148028
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	148029
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	148030
TOTAL GRF General Revenue Fund							148031
		State	$	717,246,118	$	717,246,118	148032
		Federal	$	38,202,557	$	38,202,557	148033
		GRF Total	$	755,448,675	$	755,448,675	148034

General Services Fund Group	148035

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	148036
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	148037
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	148038
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	148039
6130	600645	Training Activities	$	100,000	$	92,989	148040
TOTAL GSF General Services							148041
Fund Group			$	116,780,339	$	116,773,328	148042

Federal Special Revenue Fund Group	148043

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	148044
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	148045
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	148046
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	148047
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	148048
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	148049
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	148050
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	148051
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	148052
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	148053
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	148054
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	148055
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	148056
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	148057
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	148058
3S50	600622	Child Support Projects	$	534,050	$	534,050	148059
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	148060
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	148061
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	148062
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	148063
TOTAL FED Federal Special Revenue							148064
Fund Group			$	2,526,972,581	$	2,490,592,049	148065

State Special Revenue Fund Group	148066

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	148067
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	148068
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	148069
4F10	600609	Family and Children Activities	$	683,549	$	683,549	148070
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	148071
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	148072
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	148073
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	148074
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	148075
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	148076
TOTAL SSR State Special Revenue							148077
Fund Group			$	25,063,397	$	25,063,397	148078

Agency Fund Group	148079

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	148080
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	148081
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	148082
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	148083

Holding Account Redistribution Fund Group	148084

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	148085
R013	600644	Forgery Collections	$	10,000	$	10,000	148086
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	148087
TOTAL ALL BUDGET FUND GROUPS			$	3,570,724,992	$	3,534,337,449	148088

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	148090
FUND	148091

Within thirty days of the effective date of this act, or as	148092
soon as possible thereafter, the Director of Budget and Management	148093
shall transfer the cash balance in the County Technologies Fund	148094
(Fund 5N10) to the State and County Shared Services Fund (Fund	148095
5HL0).	148096

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	148097
FUND GROUPS	148098

The Agency Fund Group and Holding Account Redistribution Fund	148099
Group shall be used to hold revenues until the appropriate fund is	148100
determined or until the revenues are directed to the appropriate	148101
governmental agency other than the Department of Job and Family	148102
Services. If receipts credited to the Support Intercept – Federal	148103
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	148104
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	148105
Settlements Fund (Fund R012), or the Forgery Collections Fund	148106
(Fund R013) exceed the amounts appropriated from the fund, the	148107
Director of Job and Family Services may request the Director of	148108
Budget and Management to authorize expenditures from the fund in	148109
excess of the amounts appropriated. Upon the approval of the	148110
Director of Budget and Management, the additional amounts are	148111
hereby appropriated.	148112

Section 301.33. BIG BROTHERS BIG SISTERS

148113

Of the foregoing appropriation item 600410, TANF	148114
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	148115
be provided, in accordance with sections 5101.80 and 5101.801 of	148116
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	148117
provide mentoring services to children of incarcerated parents	148118
throughout the state.	148119

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

148120

(A) The foregoing appropriation item 600521, Family	148121
Assistance - Local, may be provided to county departments of job	148122
and family services to administer food assistance and disability	148123
assistance programs.	148124

(B) The foregoing appropriation item 655522, Medicaid Program	148125
Support - Local, may be provided to county departments of job and	148126
family services to administer the Medicaid program and the State	148127
Children's Health Insurance program.	148128

(C) At the request of the Director of Job and Family	148129
Services, the Director of Budget and Management may transfer	148130
appropriations between appropriation item 600521, Family	148131
Assistance - Local, and appropriation item 655522, Medicaid	148132
Program Support - Local, in order to ensure county administrative	148133
funds are expended from the proper appropriation item.	148134

(D) Of the foregoing appropriation item 600521, Family	148135
Assistance – Local, $150,000 in each fiscal year shall be provided	148136
to children's crisis care facilities, as defined in section	148137
5103.13 of the Revised Code. The Director of Job and Family	148138
Services shall allocate funds based on the number of children at	148139
each facility. A children's crisis care facility may decline to	148140
receive funds provided for under this section. A children's crisis	148141
care facility that accepts funds provided under this section shall	148142
use the funds in accordance with section 5103.13 of the Revised	148143
Code and rule 5101:2-9-36 of the Administrative Code.	148144

Section 301.50. FOOD STAMPS TRANSFER

148145

On July 1, 2013, or as soon as possible thereafter, the	148146
Director of Budget and Management may transfer up to $1,000,000	148147
cash from the Supplemental Nutrition Assistance Program Fund (Fund	148148
3840), to the Food Assistance Fund (Fund 5ES0).	148149

Section 301.60. NAME OF FOOD STAMP PROGRAM

148150

The Director of Job and Family Services is not required to	148151
amend rules regarding the Food Stamp Program to change the name of	148152
the program to the Supplemental Nutrition Assistance Program. The	148153
Director may refer to the program as the Food Stamp Program or the	148154
Food Assistance Program in rules and documents of the Department	148155
of Job and Family Services.	148156

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

148157

The foregoing appropriation item 600540, Food Banks, shall be	148158
used to provide funds to the Ohio Association of Food Banks to	148159
purchase and distribute food products.	148160

Notwithstanding section 5101.46 of the Revised Code and any	148161
other provision in this bill, in addition to funds designated for	148162
the Ohio Association of Food Banks in this section, in fiscal year	148163
2014 and fiscal year 2015, the Director of Job and Family Services	148164
shall provide assistance from eligible funds to the Ohio	148165
Association of Food Banks in an amount up to or equal to the	148166
assistance provided in state fiscal year 2013 from all funds used	148167
by the Department, except the General Revenue Fund.	148168

Eligible nonfederal expenditures made by member food banks of	148169
the Association shall be counted by the Department of Job and	148170
Family Services toward the TANF maintenance of effort requirements	148171
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	148172
shall enter into an agreement with the Ohio Association of Food	148173
Banks, in accordance with sections 5101.80 and 5101.801 of the	148174
Revised Code, to carry out the requirements under this section.	148175

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

148176

The foregoing appropriation item 600658, Public Assistance	148177
Activities, shall be used by the Department of Job and Family	148178
Services to meet the TANF maintenance of effort requirements of 42	148179
U.S.C. 609(a)(7). When the state is assured that it will meet the	148180
maintenance of effort requirement, the Department of Job and	148181
Family Services may use funds from appropriation item 600658,	148182
Public Assistance Activities, to support public assistance	148183
activities.	148184

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	148185
COMMUNITY INITIATIVES	148186

Of the foregoing appropriation item 600689, TANF Block Grant,	148187
up to $6,540,000 in each fiscal year shall be used, in accordance	148188
with sections 5101.80 and 5101.801 of the Revised Code, to provide	148189
support to programs or organizations that provide services that	148190
align with the mission and goals of the Governor's Office of	148191
Faith-Based and Community Initiatives, as outlined in section	148192
107.12 of the Revised Code, and that further at least one of the	148193
four purposes of the TANF program, as specified in 42 U.S.C. 601.	148194

Section 301.100. INDEPENDENT LIVING INITIATIVE

148195

Of the foregoing appropriation item 600689, TANF Block Grant,	148196
up to $2,000,000 in each fiscal year shall be used, in accordance	148197
with sections 5101.80 and 5101.801 of the Revised Code, to support	148198
the Independent Living Initiative, including life skills training	148199
and work supports for older children in foster care and those who	148200
have recently aged out of foster care.	148201

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

148202

Of the foregoing appropriation item 600689, TANF Block Grant,	148203
$1,750,000 in each fiscal year shall be used to support the	148204
activities of the Kinship Permanency Incentive Program established	148205
in section 5101.802 of the Revised Code.	148206

Section 301.120. OHIO COMMISSION ON FATHERHOOD

148207

Of the foregoing appropriation item 600689, TANF Block Grant,	148208
$1,000,000 in each fiscal year shall be provided to the Ohio	148209
Commission on Fatherhood.	148210

Section 301.123. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

148211

Of the foregoing appropriation item 600689, TANF Block Grant,	148212
$500,000 in each fiscal year shall be provided, in accordance with	148213
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio	148214
Alliance of Boys and Girls Clubs to provide after-school programs	148215
that protect at-risk children and enable youth to become	148216
responsible adults.	148217

Section 301.130. DIFFERENTIAL RESPONSE

148218

In accordance with an independent evaluation of the Ohio	148219
Alternative Response Pilot Program that recommended statewide	148220
implementation, the Department of Job and Family Services shall	148221
plan the statewide expansion of the Ohio Alternative Response	148222
Pilot Program on a county by county basis, through a schedule	148223
determined by the Department. The program shall be known as the	148224
"differential response" approach as defined in section 2151.011 of	148225
the Revised Code. Notwithstanding provisions of Chapter 2151. of	148226
the Revised Code that refer to "differential response,"	148227
"traditional response," and "alternative response," those	148228
provisions shall become effective on the scheduled date of	148229
expansion of the differential response approach to that county.	148230
Prior to statewide implementation, the Department may adopt rules	148231
in accordance with Chapter 119. of the Revised Code as necessary	148232
to carry out the purposes of this section.	148233

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

148234

In collaboration with the county family and children first	148235
council, a county department of job and family services or public	148236
children services agency that receives an allocation from the	148237
Department of Job and Family Services from the foregoing	148238
appropriation item 600523, Children and Families Services, or	148239
600533, Child, Family, and Adult Community & Protective Services,	148240
may transfer a portion of either or both allocations to a flexible	148241
funding pool as authorized by the section of this act titled	148242
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	148243

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	148244
PROTECTIVE SERVICES	148245

(A) The foregoing appropriation item 600533, Child, Family,	148246
and Adult Community & Protective Services, shall be distributed to	148247
each county department of job and family services using the	148248
formula the Department of Job and Family Services uses when	148249
distributing Title XX funds to county departments of job and	148250
family services under section 5101.46 of the Revised Code. County	148251
departments shall use the funds distributed to them under this	148252
section as follows, in accordance with the written plan of	148253
cooperation entered into under section 307.983 of the Revised	148254
Code:	148255

(1) To assist individuals achieve or maintain	148256
self-sufficiency, including by reducing or preventing dependency	148257
among individuals with family income not exceeding two hundred per	148258
cent of the federal poverty guidelines;	148259

(2) Subject to division (B) of this section, to respond to	148260
reports of abuse, neglect, or exploitation of children and adults,	148261
including through the differential response approach program	148262
developed under Section 309.50.10 of this act;	148263

(3) To provide outreach and referral services regarding home	148264
and community-based services to individuals at risk of placement	148265
in a group home or institution, regardless of the individuals'	148266
family income and without need for a written application;	148267

(4) To provide outreach, referral, application assistance,	148268
and other services to assist individuals receive assistance,	148269
benefits, or services under Medicaid; Title IV-A programs, as	148270
defined in section 5101.80 of the Revised Code; the Supplemental	148271
Nutrition Assistance Program; and other public assistance	148272
programs.	148273

(B) Protective services may be provided to a child or adult	148274
as part of a response, under division (A)(2) of this section, to a	148275
report of abuse, neglect, or exploitation without regard to a	148276
child or adult's family income and without need for a written	148277
application. The protective services may be provided if the case	148278
record documents circumstances of actual or potential abuse,	148279
neglect, or exploitation.	148280

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

148281

The foregoing appropriation item 600609, Children and Family	148282
Services Activities, shall be used to expend miscellaneous	148283
foundation funds and grants to support children and family	148284
services activities.	148285

Section 301.170. ADOPTION ASSISTANCE LOAN

148286

Of the foregoing appropriation item 600634, Adoption	148287
Assistance Loan, the Department of Job and Family Services may use	148288
up to ten per cent for administration of adoption assistance loans	148289
pursuant to section 3107.018 of the Revised Code.	148290

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

148291

The foregoing appropriation item 600660, Victims of Human	148292
Trafficking, shall be used to provide treatment, care,	148293
rehabilitation, education, housing, and assistance for victims of	148294
trafficking in persons as specified in section 5101.87 of the	148295
Revised Code. If receipts credited to the Victims of Human	148296
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	148297
the fund, the Director of Job and Family Services may request the	148298
Director of Budget and Management to authorize expenditures from	148299
the fund in excess of the amounts appropriated. Upon the approval	148300
of the Director of Budget and Management, the additional amounts	148301
are hereby appropriated.	148302

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

148303

All unexpended funds remaining at the end of fiscal year 2013	148304
that were appropriated and made available to the state under	148305
section 903(d) of the Social Security Act, as amended, in the	148306
foregoing appropriation item 600678, Federal Unemployment Programs	148307
(Fund 3V40), are hereby appropriated to the Department of Job and	148308
Family Services. Upon the request of the Director of Job and	148309
Family Services, the Director of Budget and Management may	148310
increase the appropriation for fiscal year 2014 by the amount	148311
remaining unspent from the fiscal year 2013 appropriation and may	148312
increase the appropriation for fiscal year 2015 by the amount	148313
remaining unspent from the fiscal year 2014 appropriation. The	148314
appropriation shall be used under the direction of the Department	148315
of Job and Family Services to pay for administrative activities	148316
for the Unemployment Insurance Program, employment services, and	148317
other allowable expenditures under section 903(d) of the Social	148318
Security Act, as amended.	148319

The amounts obligated pursuant to this section shall not	148320
exceed at any time the amount by which the aggregate of the	148321
amounts transferred to the account of the state under section	148322
903(d) of the Social Security Act, as amended, exceeds the	148323
aggregate of the amounts obligated for administration and paid out	148324
for benefits and required by law to be charged against the amounts	148325
transferred to the account of the state.	148326

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

148327

The foregoing appropriation item 600695, Unemployment	148328
Compensation Interest, shall be used for payment of interest costs	148329
paid to the United States Secretary of the Treasury for the	148330
repayment of accrued interest related to federal unemployment	148331
account borrowing.	148332

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

148333

General Revenue Fund	148334

GRF	029321	Operating Expenses	$	455,858	$	456,376	148335
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	148336
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	148337

OPERATING GUIDANCE

148338

The Chief Administrative Officer of the House of	148339
Representatives and the Clerk of the Senate shall determine, by	148340
mutual agreement, which of them shall act as fiscal agent for the	148341
Joint Committee on Agency Rule Review. Members of the Committee	148342
shall be paid in accordance with section 101.35 of the Revised	148343
Code.	148344

OPERATING EXPENSES

148345

On July 1, 2013, or as soon as possible thereafter, the	148346
Executive Director of the Joint Committee on Agency Rule Review	148347
may certify to the Director of Budget and Management the amount of	148348
the unexpended, unencumbered balance of the foregoing	148349
appropriation item 029321, Operating Expenses, at the end of	148350
fiscal year 2013 to be reappropriated to fiscal year 2014. The	148351
amount certified is hereby reappropriated to the same	148352
appropriation item for fiscal year 2014.	148353

On July 1, 2014, or as soon as possible thereafter, the	148354
Executive Director of the Joint Committee on Agency Rule Review	148355
may certify to the Director of Budget and Management the amount of	148356
the unexpended, unencumbered balance of the foregoing	148357
appropriation item 029321, Operating Expenses, at the end of	148358
fiscal year 2014 to be reappropriated to fiscal year 2015. The	148359
amount certified is hereby reappropriated to the same	148360
appropriation item for fiscal year 2015.	148361

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

148362

General Revenue Fund	148363

GRF	018321		Operating Expenses		$	824,900		$	847,200		148364
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		148365

General Services Fund Group	148366

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	148367
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	148368
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	148369

STATE COUNCIL OF UNIFORM STATE LAWS

148370

Notwithstanding section 105.26 of the Revised Code, of the	148371
foregoing appropriation item 018321, Operating Expenses, up to	148372
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	148373
shall be used to pay the expenses of the State Council of Uniform	148374
State Laws, including membership dues to the National Conference	148375
of Commissioners on Uniform State Laws.	148376

OHIO JURY INSTRUCTIONS FUND

148377

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	148378
grants, royalties, dues, conference fees, bequests, devises, and	148379
other gifts received for the purpose of supporting costs incurred	148380
by the Judicial Conference of Ohio in its activities as a part of	148381
the judicial system of the state as determined by the Judicial	148382
Conference Executive Committee. Fund 4030 shall be used by the	148383
Judicial Conference of Ohio to pay expenses incurred in its	148384
activities as a part of the judicial system of the state as	148385
determined by the Judicial Conference Executive Committee. All	148386
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	148387
2014 and in excess of $385,000 in fiscal year 2015 are hereby	148388
appropriated for the purposes authorized.	148389

No money in Fund 4030 shall be transferred to any other fund	148390
by the Director of Budget and Management or the Controlling Board.	148391

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

148392

General Revenue Fund	148393

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	138,016,534	$	140,232,737	148394
GRF	005406	Law-Related Education	$	236,172	$	236,172	148395
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	148396
TOTAL GRF General Revenue Fund			$	141,602,706	$	143,818,909	148397

General Services Fund Group	148398

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		148399
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		148400

Federal Special Revenue Fund Group	148401

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		148402
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		148403

State Special Revenue Fund Group	148404

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	148405
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	148406
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	148407
5T80	005609	Grants and Awards	$	25,000	$	25,000	148408
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	148409
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	148410
TOTAL ALL BUDGET FUND GROUPS			$	148,452,850	$	150,694,818	148411

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

148412

Of the foregoing appropriation item 005321, Operating	148413
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	148414
year may be used to support the functions of the State Criminal	148415
Sentencing Council.	148416

LAW-RELATED EDUCATION

148417

The foregoing appropriation item 005406, Law-Related	148418
Education, shall be distributed directly to the Ohio Center for	148419
Law-Related Education for the purposes of providing continuing	148420
citizenship education activities to primary and secondary	148421
students, expanding delinquency prevention programs, increasing	148422
activities for at-risk youth, and accessing additional public and	148423
private money for new programs.	148424

OHIO COURTS TECHNOLOGY INITIATIVE

148425

The foregoing appropriation item 005409, Ohio Courts	148426
Technology Initiative, shall be used to fund an initiative by the	148427
Supreme Court to facilitate the exchange of information and	148428
warehousing of data by and between Ohio courts and other justice	148429
system partners through the creation of an Ohio Courts Network,	148430
the delivery of technology services to courts throughout the	148431
state, including the provision of hardware, software, and the	148432
development and implementation of educational and training	148433
programs for judges and court personnel, and operation of the	148434
Commission on Technology and the Courts by the Supreme Court for	148435
the promulgation of statewide rules, policies, and uniform	148436
standards, and to aid in the orderly adoption and comprehensive	148437
use of technology in Ohio courts.	148438

CONTINUING JUDICIAL EDUCATION

148439

The Continuing Judicial Education Fund (Fund 6720) shall	148440
consist of fees paid by judges and court personnel for attending	148441
continuing education courses and other gifts and grants received	148442
for the purpose of continuing judicial education. The foregoing	148443
appropriation item 005601, Continuing Judicial Education, shall be	148444
used to pay expenses for continuing education courses for judges	148445
and court personnel. If it is determined by the Administrative	148446
Director of the Supreme Court that additional appropriations are	148447
necessary, the amounts are hereby appropriated.	148448

No money in Fund 6720 shall be transferred to any other fund	148449
by the Director of Budget and Management or the Controlling Board.	148450
Interest earned on money in Fund 6720 shall be credited to the	148451
fund.	148452

FEDERAL GRANTS

148453

The Federal Grants Fund (Fund 3J00) shall consist of grants	148454
and other moneys awarded to the Supreme Court (The Judiciary) by	148455
the United States Government or other entities that receive the	148456
moneys directly from the United States Government and distribute	148457
those moneys to the Supreme Court (The Judiciary). The foregoing	148458
appropriation item 005603, Federal Grants, shall be used in a	148459
manner consistent with the purpose of the grant or award. If it is	148460
determined by the Administrative Director of the Supreme Court	148461
that additional appropriations are necessary, the amounts are	148462
hereby appropriated.	148463

No money in Fund 3J00 shall be transferred to any other fund	148464
by the Director of Budget and Management or the Controlling Board.	148465
However, interest earned on money in Fund 3J00 shall be credited	148466
or transferred to the General Revenue Fund.	148467

ATTORNEY SERVICES

148468

The Attorney Services Fund (Fund 4C80), formerly known as the	148469
Attorney Registration Fund, shall consist of money received by the	148470
Supreme Court (The Judiciary) pursuant to the Rules for the	148471
Government of the Bar of Ohio. In addition to funding other	148472
activities considered appropriate by the Supreme Court, the	148473
foregoing appropriation item 005605, Attorney Services, may be	148474
used to compensate employees and to fund appropriate activities of	148475
the following offices established by the Supreme Court: the Office	148476
of Disciplinary Counsel, the Board of Commissioners on Grievances	148477
and Discipline, the Clients' Security Fund, and the Attorney	148478
Services Division. If it is determined by the Administrative	148479
Director of the Supreme Court that additional appropriations are	148480
necessary, the amounts are hereby appropriated.	148481

No money in Fund 4C80 shall be transferred to any other fund	148482
by the Director of Budget and Management or the Controlling Board.	148483
Interest earned on money in Fund 4C80 shall be credited to the	148484
fund.	148485

COURT INTERPRETER CERTIFICATION

148486

The Court Interpreter Certification Fund (Fund 5HT0) shall	148487
consist of money received by the Supreme Court (The Judiciary)	148488
pursuant to Rules 80 through 87 of the Rules of Superintendence	148489
for the Courts of Ohio. The foregoing appropriation item 005617,	148490
Court Interpreter Certification, shall be used to provide	148491
training, to provide the written examination, and to pay language	148492
experts to rate, or grade, the oral examinations of those applying	148493
to become certified court interpreters. If it is determined by the	148494
Administrative Director that additional appropriations are	148495
necessary, the amounts are hereby appropriated.	148496

No money in Fund 5HT0 shall be transferred to any other fund	148497
by the Director of Budget and Management or the Controlling Board.	148498
Interest earned on money in Fund 5HT0 shall be credited to the	148499
fund.	148500

COUNTY LAW LIBRARY RESOURCES BOARD

148501

The Statewide Consortium of County Law Library Resources	148502
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	148503
to section 307.515 of the Revised Code into a county's law library	148504
resources fund and forwarded by that county's treasurer for	148505
deposit in the state treasury pursuant to division (E)(1) of	148506
section 3375.481 of the Revised Code. The foregoing appropriation	148507
item 005620, County Law Library Resources Board, shall be used for	148508
the operation of the Statewide Consortium of County Law Library	148509
Resources Boards. If it is determined by the Administrative	148510
Director of the Supreme Court that additional appropriations are	148511
necessary, the amounts are hereby appropriated.	148512

No money in Fund 5JY0 shall be transferred to any other fund	148513
by the Director of Budget and Management or the Controlling Board.	148514
Interest earned on money in Fund 5JY0 shall be credited to the	148515
fund.	148516

GRANTS AND AWARDS

148517

The Grants and Awards Fund (Fund 5T80) shall consist of	148518
grants and other money awarded to the Supreme Court (The	148519
Judiciary) by the State Justice Institute, the Division of	148520
Criminal Justice Services, or other entities. The foregoing	148521
appropriation item 005609, Grants and Awards, shall be used in a	148522
manner consistent with the purpose of the grant or award. If it is	148523
determined by the Administrative Director of the Supreme Court	148524
that additional appropriations are necessary, the amounts are	148525
hereby appropriated.	148526

No money in Fund 5T80 shall be transferred to any other fund	148527
by the Director of Budget and Management or the Controlling Board.	148528
However, interest earned on money in Fund 5T80 shall be credited	148529
or transferred to the General Revenue Fund.	148530

SUPREME COURT ADMISSIONS

148531

The foregoing appropriation item 005606, Supreme Court	148532
Admissions, shall be used to compensate Supreme Court employees	148533
who are primarily responsible for administering the attorney	148534
admissions program under the Rules for the Government of the Bar	148535
of Ohio, and to fund any other activities considered appropriate	148536
by the court. Moneys shall be deposited into the Supreme Court	148537
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	148538
Government of the Bar of Ohio. If it is determined by the	148539
Administrative Director of the Supreme Court that additional	148540
appropriations are necessary, the amounts are hereby appropriated.	148541

No money in Fund 6A80 shall be transferred to any other fund	148542
by the Director of Budget and Management or the Controlling Board.	148543
Interest earned on money in Fund 6A80 shall be credited to the	148544
fund.	148545

Section 309.10. LEC LAKE ERIE COMMISSION

148546

Federal Special Revenue Fund Group	148547

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		148548
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		148549

State Special Revenue Fund Group	148550

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	148551
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	148552
TOTAL SSR State Special Revenue							148553
Fund Group			$	498,942	$	539,637	148554
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	148555

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

148556

On July 1 of each fiscal year, or as soon as possible	148557
thereafter, the Director of Budget and Management may transfer	148558
cash from the funds specified below, up to the amounts specified	148559
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	148560
accept contributions and transfers made to the fund.	148561

Fund	Fund Name	User	FY 2014	FY 2015	148562
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	148563
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	148564
4700	General Operations	Department of Health	$23,500	$53,500	148565
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	148566

On July 1, 2013, or as soon as possible thereafter, the	148567
Director of Budget and Management may transfer $23,500 cash from a	148568
fund used by the Development Services Agency, as specified by the	148569
Director of Development Services, to Fund 5D80.	148570

On July 1, 2014, or as soon as possible thereafter, the	148571
Director of Budget and Management may transfer $53,500 cash from a	148572
fund used by the Development Services Agency, as specified by the	148573
Director of Development Services, to Fund 5D80.	148574

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

148575

General Revenue Fund	148576

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		148577
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		148578

General Services Fund Group	148579

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	148580
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	148581
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	148582

LEGISLATIVE ETHICS COMMITTEE

148583

On July 1, 2013, or as soon as possible thereafter, the	148584
Legislative Inspector General of the Joint Legislative Ethics	148585
Committee may certify to the Director of Budget and Management the	148586
amount of the unexpended, unencumbered balance of the foregoing	148587
appropriation item 028321, Legislative Ethics Committee, at the	148588
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	148589
The amount certified is hereby reappropriated to the same	148590
appropriation item for fiscal year 2014.	148591

On July 1, 2014, or as soon as possible thereafter, the	148592
Legislative Inspector General of the Joint Legislative Ethics	148593
Committee may certify to the Director of Budget and Management the	148594
amount of the unexpended, unencumbered balance of the foregoing	148595
appropriation item 028321, Legislative Ethics Committee, at the	148596
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	148597
The amount certified is hereby reappropriated to the same	148598
appropriation item for fiscal year 2015.	148599

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

148600

General Revenue Fund	148601

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	148602
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	148603
GRF	035405	Correctional Institution Inspection Committee	$	460,845	$	460,845	148604
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	148605
GRF	035409	National Associations	$	460,560	$	460,560	148606
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	148607
GRF	035411	Ohio Constitutional Modernization Commission	$	750,000	$	750,000	148608
TOTAL GRF General Revenue Fund			$	21,992,475	$	22,072,475	148609

General Services Fund Group	148610

4100	035601	Sale of Publications	$	10,000	$	10,000	148611
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	148612
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	148613
TOTAL GSF General Services							148614
Fund Group			$	240,000	$	240,000	148615
TOTAL ALL BUDGET FUND GROUPS			$	22,232,475	$	22,312,475	148616

OPERATING EXPENSES

148617

On July 1, 2013, or as soon as possible thereafter, the	148618
Director of the Legislative Service Commission may certify to the	148619
Director of Budget and Management the amount of the unexpended,	148620
unencumbered balance of the foregoing appropriation item 035321,	148621
Operating Expenses, at the end of fiscal year 2013 to be	148622
reappropriated to fiscal year 2014. The amount certified is hereby	148623
reappropriated to the same appropriation item for fiscal year	148624
2014.	148625

On July 1, 2014, or as soon as possible thereafter, the	148626
Director of the Legislative Service Commission may certify to the	148627
Director of Budget and Management the amount of the unexpended,	148628
unencumbered balance of the foregoing appropriation item 035321,	148629
Operating Expenses, at the end of fiscal year 2014 to be	148630
reappropriated to fiscal year 2015. The amount certified is hereby	148631
reappropriated to the same appropriation item for fiscal year	148632
2015.	148633

LEGISLATIVE TASK FORCE ON REDISTRICTING

148634

An amount equal to the unexpended, unencumbered portion of	148635
the foregoing appropriation item 035407, Legislative Task Force on	148636
Redistricting, at the end of fiscal year 2013 is hereby	148637
reappropriated to the Legislative Service Commission for the same	148638
purpose for fiscal year 2014.	148639

An amount equal to the unexpended, unencumbered portion of	148640
the foregoing appropriation item 035407, Legislative Task Force on	148641
Redistricting, at the end of fiscal year 2014 is hereby	148642
reappropriated to the Legislative Service Commission for the same	148643
purpose for fiscal year 2015.	148644

LEGISLATIVE INFORMATION SYSTEMS

148645

On July 1, 2013, or as soon as possible thereafter, the	148646
Director of the Legislative Service Commission may certify to the	148647
Director of Budget and Management the amount of the unexpended,	148648
unencumbered balance of the foregoing appropriation item 035410,	148649
Legislative Information Systems, at the end of fiscal year 2013 to	148650
be reappropriated to fiscal year 2014. The amount certified is	148651
hereby reappropriated to the same appropriation item for fiscal	148652
year 2014.	148653

On July 1, 2014, or as soon as possible thereafter, the	148654
Director of the Legislative Service Commission may certify to the	148655
Director of Budget and Management the amount of the unexpended,	148656
unencumbered balance of the foregoing appropriation item 035410,	148657
Legislative Information Systems, at the end of fiscal year 2014 to	148658
be reappropriated to fiscal year 2015. The amount certified is	148659
hereby reappropriated to the same appropriation item for fiscal	148660
year 2015.	148661

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

148662

The foregoing appropriation item 035411, Ohio Constitutional	148663
Modernization Commission, shall be used to support the operation	148664
and expenses of the Ohio Constitutional Modernization Commission	148665
under sections 103.61 to 103.67 of the Revised Code.	148666

An amount equal to the unexpended, unencumbered portion of	148667
the foregoing appropriation item 035411, Ohio Constitutional	148668
Modernization Commission, at the end of fiscal year 2013 is hereby	148669
reappropriated to the Legislative Service Commission for the same	148670
purpose for fiscal year 2014.	148671

An amount equal to the unexpended, unencumbered portion of	148672
the foregoing appropriation item 035411, Ohio Constitutional	148673
Modernization Commission, at the end of fiscal year 2014 is hereby	148674
reappropriated to the Legislative Service Commission for the same	148675
purpose for fiscal year 2015.	148676

Section 315.10. LIB STATE LIBRARY BOARD

148677

General Revenue Fund	148678

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	148679
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	148680
GRF	350502	Regional Library Systems	$	582,469	$	582,469	148681
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	148682

General Services Fund Group	148683

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	148684
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	148685
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	148686
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	148687
TOTAL GSF General Services							148688
Fund Group			$	10,209,412	$	10,498,350	148689

Federal Special Revenue Fund Group	148690

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	148691
TOTAL FED Federal Special Revenue							148692
Fund Group			$	5,303,693	$	5,120,439	148693
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	148694

OHIOANA RENTAL PAYMENTS

148695

The foregoing appropriation item 350401, Ohioana Rental	148696
Payments, shall be used to pay the rental expenses of the Martha	148697
Kinney Cooper Ohioana Library Association under section 3375.61 of	148698
the Revised Code.	148699

REGIONAL LIBRARY SYSTEMS

148700

The foregoing appropriation item 350502, Regional Library	148701
Systems, shall be used to support regional library systems	148702
eligible for funding under sections 3375.83 and 3375.90 of the	148703
Revised Code.	148704

OHIO PUBLIC LIBRARY INFORMATION NETWORK

148705

(A) The foregoing appropriation item 350604, Ohio Public	148706
Library Information Network, shall be used for an information	148707
telecommunications network linking public libraries in the state	148708
and such others as may participate in the Ohio Public Library	148709
Information Network (OPLIN).	148710

The Ohio Public Library Information Network Board of Trustees	148711
created under section 3375.65 of the Revised Code may make	148712
decisions regarding use of the foregoing appropriation item	148713
350604, Ohio Public Library Information Network.	148714

(B) The OPLIN Board shall research and assist or advise local	148715
libraries with regard to emerging technologies and methods that	148716
may be effective means to control access to obscene and illegal	148717
materials. The OPLIN Director shall provide written reports upon	148718
request within ten days to the Governor, the Speaker and Minority	148719
Leader of the House of Representatives, and the President and	148720
Minority Leader of the Senate on any steps being taken by OPLIN	148721
and public libraries in the state to limit and control such	148722
improper usage as well as information on technological, legal, and	148723
law enforcement trends nationally and internationally affecting	148724
this area of public access and service.	148725

(C) The Ohio Public Library Information Network, INFOhio, and	148726
OhioLINK shall, to the extent feasible, coordinate and cooperate	148727
in their purchase or other acquisition of the use of electronic	148728
databases for their respective users and shall contribute funds in	148729
an equitable manner to such effort.	148730

LIBRARY FOR THE BLIND

148731

The foregoing appropriation item 350605, Library for the	148732
Blind, shall be used for the statewide Talking Book Program to	148733
assist the blind and disabled.	148734

TRANSFER TO OPLIN TECHNOLOGY FUND

148735

Notwithstanding sections 5747.03 and 5747.47 of the Revised	148736
Code and any other provision of law to the contrary, in accordance	148737
with a schedule established by the Director of Budget and	148738
Management, the Director of Budget and Management shall transfer	148739
$3,689,788 cash in each fiscal year from the Public Library Fund	148740
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	148741

TRANSFER TO LIBRARY FOR THE BLIND FUND

148742

Notwithstanding sections 5747.03 and 5747.47 of the Revised	148743
Code and any other provision of law to the contrary, in accordance	148744
with a schedule established by the Director of Budget and	148745
Management, the Director of Budget and Management shall transfer	148746
$1,274,194 cash in each fiscal year from the Public Library Fund	148747
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	148748

Section 317.10. LCO LIQUOR CONTROL COMMISSION

148749

State Special Revenue Fund Group	148750

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	148751
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	148752
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	148753

Section 319.10. LOT STATE LOTTERY COMMISSION

148755

State Lottery Fund Group	148756

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	148757
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	148758
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	148759
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	148760
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	148761
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	148762
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	148763
TOTAL SLF State Lottery Fund							148764
Group			$	335,475,593	$	333,578,528	148765
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	148766

OPERATING EXPENSES

148767

Notwithstanding sections 127.14 and 131.35 of the Revised	148768
Code, the Controlling Board may, at the request of the State	148769
Lottery Commission, authorize expenditures from the State Lottery	148770
Fund in excess of the amounts appropriated, up to a maximum of 10	148771
per cent of anticipated total revenue accruing from the sale of	148772
lottery products. Upon the approval of the Controlling Board, the	148773
additional amounts are hereby appropriated.	148774

DIRECT PRIZE PAYMENTS

148775

Any amounts, in addition to the amounts appropriated in	148776
appropriation item 950601, Direct Prize Payments, that the	148777
Director of the State Lottery Commission determines to be	148778
necessary to fund prizes are hereby appropriated.	148779

ANNUITY PRIZES

148780

Upon request of the State Lottery Commission, the Director of	148781
Budget and Management may transfer cash from the State Lottery	148782
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	148783
an amount sufficient to fund deferred prizes. The Treasurer of	148784
State, from time to time, shall credit the Deferred Prizes Trust	148785
Fund (Fund 8710) the pro rata share of interest earned by the	148786
Treasurer of State on invested balances.	148787

Any amounts, in addition to the amounts appropriated in	148788
appropriation item 950602, Annuity Prizes, that the Director of	148789
the State Lottery Commission determines to be necessary to fund	148790
deferred prizes and interest earnings are hereby appropriated.	148791

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

148792

Estimated transfers from the State Lottery Fund (Fund 7044)	148793
to the Lottery Profits Education Fund (Fund 7017) are to be	148794
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	148795
2015. The Director of Budget and Management shall transfer such	148796
amounts contingent upon the availability of resources. Transfers	148797
from the State Lottery Fund to the Lottery Profits Education Fund	148798
shall represent the estimated net income from operations for the	148799
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	148800
the Director of Budget and Management to the Lottery Profits	148801
Education Fund shall be administered as the statutes direct.	148802

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

148803

General Services Fund Group	148804

4K90	996609	Operating Expenses	$	459,134	$	459,134	148805
TOTAL GSF General Services							148806
Fund Group			$	459,134	$	459,134	148807

State Special Revenue Fund Group	148808

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	148809
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	148810
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	148811

Section 323.10. MCD DEPARTMENT OF MEDICAID

148813

General Revenue Fund	148814

GRF	651425	Medicaid Program Support - State	$	150,382,299	$	156,964,636	148815
GRF	651525	Medicaid/Health Care Services					148816
		State	$	4,747,521,777	$	4,991,552,135	148817
		Federal	$	9,000,192,337	$	9,314,662,342	148818
		Medicaid/Health Care Services Total	$	13,747,714,114	$	14,306,214,477	148819
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	148820
TOTAL GRF General Revenue Fund							148821
		State	$	5,206,653,218	$	5,473,437,289	148822
		Federal	$	9,000,192,337	$	9,314,662,342	148823
		GRF Total	$	14,206,845,555	$	14,788,099,631	148824

General Services Fund Group	148825

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	148826
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	148827
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	148828

Federal Special Revenue Fund Group	148829

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	148830
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	148831
3F00	651624	Medicaid Program Support - Federal	$	409,896,401	$	410,223,399	148832
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	148833
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	148834
TOTAL FED Federal Special Revenue Fund Group			$	5,242,962,780	$	5,663,305,462	148835

State Special Revenue Fund Group	148836

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	148837
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	148838
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	148839
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	148840
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	148841
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	148842
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	148843
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	148844

Holding Account Redistribution Fund Group	148845

R055	651644	Refunds and Reconciliations	$	1,000,0000	$	1,000,000	148846
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	148847
TOTAL ALL BUDGET FUND GROUPS			$	21,123,149,045	$	22,174,492,121	148848

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

148850

(A) As used in this section, "medical assistance program"	148851
means all of the following:	148852

(1) The Medicaid program established by Title XIX of the	148853
"Social Security Act," 42 U.S.C. 1396 et seq.	148854

(2) The Children's Health Insurance Program authorized by	148855
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	148856

(3) The Refugee Medical Assistance program authorized by the	148857
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	148858
1522(e).	148859

(B) On July 1, 2013, all of the following apply:

148860

(1) The Department of Medicaid is created.

148861

(2) The Department of Medicaid is to be administered by the	148862
Medicaid Director who is to be appointed by the Governor with the	148863
advice and consent of the Senate.	148864

(3) The Medicaid Director is to hold the Director's office	148865
during the term of the appointing Governor and is subject to	148866
removal at the pleasure of the Governor.	148867

(4) The Medicaid Director is the executive head of the	148868
Department of Medicaid and all duties conferred on the Department	148869
by law or order of the Director are under the Director's control	148870
and shall be performed in accordance with rules the Director	148871
adopts.	148872

(5) The Medicaid Director may appoint such employees as are	148873
necessary for the efficient operation of the Department of	148874
Medicaid and may prescribe the title and duties of the employees.	148875

(6) The Office of Medical Assistance shall cease to exist.

148876

(7) Each reference to the Department or Director of Public	148877
Welfare, Department or Director of Human Services, Department or	148878
Director of Job and Family Services, Office of Medical Assistance,	148879
or Medical Assistance Director in any statute, rule, contract,	148880
grant, or other document is deemed to refer to the Department of	148881
Medicaid or Medicaid Director, as the case may be, to the extent	148882
the reference is about a duty or authority of the Department of	148883
Medicaid or Medicaid Director regarding a medical assistance	148884
program.	148885

(8) Employees of the Office of Medical Assistance are hereby	148886
transferred to the Department of Medicaid. The vehicles and	148887
equipment assigned to the Office's employees are transferred to	148888
the Department.	148889

(9) The assets, liabilities, other equipment not provided	148890
for, and records, irrespective of form or medium, of the Office of	148891
Medical Assistance are transferred to the Department of Medicaid.	148892
The Department is the successor to, assumes the obligations of,	148893
and otherwise constitutes the continuation of, the Office.	148894

(10) Business commenced but not completed on July 1, 2013, by	148895
the Medical Assistance Director, the Office of Medical Assistance,	148896
Director of Job and Family Services, or Department of Job and	148897
Family Services regarding a medical assistance program shall be	148898
completed by the Medicaid Director or Department of Medicaid in	148899
the same manner, and with the same effect, as if completed by the	148900
Medical Assistance Director, Office of Medical Assistance,	148901
Director of Job and Family Services, or Department of Job and	148902
Family Services. No validation, cure, right, privilege, remedy,	148903
obligation, or liability is lost or impaired by reason of the	148904
transfer required by this section but shall be administered by the	148905
Medicaid Director or Department of Medicaid.	148906

(11) For the purpose of the "Social Security Act," section	148907
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	148908
shall act as the single state agency to supervise the	148909
administration of the Medicaid program. As the single state	148910
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	148911
all other federal requirements applicable to the single state	148912
agency.	148913

(D) The rules, orders, and determinations pertaining to the	148914
Office of Medical Assistance and Department of Job and Family	148915
Services regarding medical assistance programs continue in effect	148916
as rules, orders, and determinations of the Department of Medicaid	148917
until modified or rescinded by the Department of Medicaid.	148918

(E) No judicial or administrative action or proceeding	148919
pending on July 1, 2013, is affected by the transfer of functions	148920
from the Medical Assistance Director, Office of Medical	148921
Assistance, Director of Job and Family Services, or Department of	148922
Job and Family Services to the Medicaid Director or Department of	148923
Medicaid and shall be prosecuted or defended in the name of the	148924
Medicaid Director or Department of Medicaid. On application to the	148925
court or other tribunal, the Medicaid Director or Department of	148926
Medicaid shall be substituted as a party in such actions and	148927
proceedings.	148928

(F) When the Department of Medicaid created in section 121.02	148929
of the Revised Code comes into effect, it is a continuation of the	148930
Department of Medicaid created in this section.	148931

(G) A portion of the foregoing appropriation items 651425,	148932
Medicaid Program Support – State, 651525, Medicaid/Health Care	148933
Services, 651526, Medicare Part D, 651639, Medicaid Services –	148934
Recoveries, 651638, Medicaid Services - Payment Withholding,	148935
651603, Medicaid Health Information Technology, 651623, Medicaid	148936
Services – Federal, 651624, Medicaid Program Support – Federal,	148937
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	148938
Pass-Through, 651605, Resident Protection Fund, 651631, Money	148939
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	148940
651682, Health Care Grants – State, 651608, Medicaid Services –	148941
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	148942
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	148943
Managed Care Performance Payments, may be used to pay for Medicaid	148944
services and costs associated with the administration of the	148945
Medicaid program.	148946

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

148947

On July 1, 2013, or as soon as possible thereafter, the	148948
Medicaid Director shall certify to the Director of Budget and	148949
Management all medical assistance-related encumbrances held by the	148950
Department of Job and Family Services, and specify which of those	148951
encumbrances are requested to be transferred to the Department of	148952
Medicaid. The Director of Budget and Management may cancel any	148953
existing encumbrances, as certified by the Medicaid Director, and	148954
reestablish them in the Department of Medicaid. The reestablished	148955
encumbrance amounts are hereby appropriated. Any business	148956
commenced, but not completed, with regard to the encumbrances	148957
certified shall be completed by the Department of Medicaid in the	148958
same manner and with the same effect as if it were completed by	148959
the Department of Job and Family Services.	148960

On July 1, 2013, or as soon as possible thereafter, the	148961
Medicaid Director shall certify to the Director of Budget and	148962
Management all medical assistance-related receivables held by the	148963
Department of Job and Family Services, and specify which of those	148964
receivables are requested to be transferred to the Department of	148965
Medicaid. The Director of Budget and Management may cancel any	148966
existing receivables as certified by the Medicaid Director and	148967
reestablish them in the Department of Medicaid.	148968

A portion of the foregoing appropriation items 651425,	148969
Medicaid Program Support – State, 651525, Medicaid/Health Care	148970
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	148971
Services-Payment Withholding, 651624, Medicaid Program Support –	148972
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	148973
Interagency Pass-Through, 651605, Resident Protection Fund,	148974
651631, Money Follows the Person, 651656, Medicaid Services –	148975
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	148976
Medicaid Services – Long Term Care, 651654, Medicaid Program	148977
Support, and 651649, Medicaid Services – HCAP, may be used to pay	148978
for medical assistance services and costs associated with the	148979
administration of the Medicaid program.	148980

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

148981

(A) As used in this section, "medical assistance program" has	148982
the same meaning as in the section of this act titled "CREATION OF	148983
THE DEPARTMENT OF MEDICAID."	148984

(B) During the period beginning July 1, 2013, and ending June	148985
30, 2015, all of the following apply:	148986

(1) The Medicaid Director has the authority to establish,	148987
change, and abolish positions for the Department of Medicaid, and	148988
to assign, reassign, classify, reclassify, transfer, reduce,	148989
promote, or demote all employees of the Department of Medicaid who	148990
are not subject to Chapter 4117. of the Revised Code.	148991

(2) As part of the transfer of medical assistance programs to	148992
the Department of Medicaid, the Director of Job and Family	148993
Services has the authority to establish, change, and abolish	148994
positions for the Department of Job and Family Services, and to	148995
assign, reassign, classify, reclassify, transfer, reduce, promote,	148996
or demote all employees of the Department of Job and Family	148997
Services who are not subject to Chapter 4117. of the Revised Code.	148998

(C) The authority granted under division (B) of this section	148999
includes assigning or reassigning an exempt employee, as defined	149000
in section 124.152 of the Revised Code, to a bargaining unit	149001
classification if the Medicaid Director or Director of Job and	149002
Family Services determines that the bargaining unit classification	149003
is the proper classification for that employee. The actions of the	149004
Medicaid Director or Director of Job and Family Services shall be	149005
consistent with the requirements of 5 C.F.R. 900.603 for those	149006
employees subject to such requirements. If an employee in the E-1	149007
pay range is to be assigned, reassigned, classified, reclassified,	149008
transferred, reduced, or demoted to a position in a lower	149009
classification during the period specified in this section, the	149010
Medicaid Director or Director of Job and Family Services, or in	149011
the case of a transfer outside the Department of Medicaid or	149012
Department of Job and Family Services, the Director of	149013
Administrative Services, shall assign the employee to the	149014
appropriate classification and place the employee in Step X. The	149015
employee shall not receive any increase in compensation until the	149016
maximum rate of pay for that classification exceeds the employee's	149017
compensation.	149018

(D) Actions taken by the Medicaid Director, Director of Job	149019
and Family Services, and Director of Administrative Services	149020
pursuant to this section are not subject to appeal to the State	149021
Personnel Board of Review.	149022

(E) A portion of the foregoing appropriation items 651425,	149023
Medicaid Program Support – State, 651603, Medicaid Health	149024
Information Technology, 651624, Medicaid Program Support –	149025
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	149026
Interagency Pass-Through, 651605, Resident Protection Fund,	149027
651631, Money Follows the Person, 651682, Health Care Grants –	149028
State, and 651654, Medicaid Program Support, may be used to pay	149029
for costs associated with the administration of the Medicaid	149030
program, including the assignment, reassignment, classification,	149031
reclassification, transfer, reduction, promotion, or demotion of	149032
employees authorized by this section.	149033

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

149034

As used in this section, "medical assistance program" has the	149035
same meaning as in the section of this act titled "CREATION OF THE	149036
DEPARTMENT OF MEDICAID."	149037

The Medicaid Director and Director of Job and Family Services	149038
may jointly or separately enter into one or more contracts with	149039
public or private entities for staff training and development to	149040
facilitate the transfer of the staff and duties regarding medical	149041
assistance programs to the Department of Medicaid. Division (B) of	149042
section 127.16 of the Revised Code does not apply to contracts	149043
entered into under this section.	149044

A portion of the foregoing appropriation items 651425,	149045
Medicaid Program Support – State, 651624, Medicaid Program Support	149046
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	149047
Protection Fund, 651631, Money Follows the Person, and 651654,	149048
Medicaid Program Support, may be used to pay for costs associated	149049
with the administration of the Medicaid program, including staff	149050
training authorized under this section.	149051

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	149052
A COLLECTIVE BARGAINING SUBJECT	149053

As used in this section, "medical assistance program" has the	149054
same meaning as in the section of this act titled "CREATION OF THE	149055
DEPARTMENT OF MEDICAID."	149056

Notwithstanding sections 4117.08 and 4117.10 of the Revised	149057
Code, this act's creation of the Department of Medicaid and	149058
reassignment of the functions and duties of the Office of Medical	149059
Assistance regarding medical assistance programs are not	149060
appropriate subjects for collective bargaining under Chapter 4117.	149061
of the Revised Code.	149062

A portion of the foregoing appropriation items 651425,	149063
Medicaid Program Support – State, 651624, Medicaid Program Support	149064
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	149065
Interagency Pass-Through, 651605, Resident Protection Fund,	149066
651631, Money Follows the Person, 651682, Health Care Grants –	149067
State, and 651654, Medicaid Program Support, may be used to pay	149068
for costs associated with the administration of the Medicaid	149069
program, including the reassignment of functions and duties	149070
related to the transition of the Office of Medical Assistance into	149071
the Department of Medicaid.	149072

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

149073

(A) As used in this section:

149074

(1) "Grant agreement" has the same meaning as in section	149075
5101.21 of the Revised Code.	149076

(2) "Medical assistance program" has the same meaning as in	149077
the section of this act titled "CREATION OF THE DEPARTMENT OF	149078
MEDICAID."	149079

(B) The Director of Job and Family Services and boards of	149080
county commissioners may enter into negotiations to amend an	149081
existing grant agreement or to enter into a new grant agreement	149082
regarding the transfer of medical assistance programs to the	149083
Department of Medicaid. Any such amended or new grant agreement	149084
shall be drafted in the name of the Department of Job and Family	149085
Services. The amended or new grant agreement may be executed	149086
before July 1, 2013, if the amendment or agreement does not become	149087
effective sooner than that date.	149088

(C) A portion of the foregoing appropriation items 651525,	149089
Health Care/Medicaid Services, 651603, Medicaid Health Information	149090
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	149091
Program Support – Federal, 651680, Health Care Grants – Federal,	149092
and 651682, Health Care Grants - State, may be used to pay for	149093
Medicaid services and costs associated with the administration of	149094
the Medicaid program.	149095

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

149096

On and after October 1, 2013, if necessary to ensure the	149097
integrity of the numbering of the Administrative Code, the	149098
Director of the Legislative Service Commission shall renumber the	149099
rules of the Office of Medical Assistance within the Department of	149100
Job and Family Services to reflect its transfer to the Department	149101
of Medicaid.	149102

Section 323.20. MEDICAID/HEALTH CARE SERVICES

149103

The foregoing appropriation item 651525, Medicaid/Health Care	149104
Services, shall not be limited by section 131.33 of the Revised	149105
Code.	149106

Section 323.23. PROPOSAL TO REFORM MEDICAID AND OHIO'S HEALTH	149107
CARE DELIVERY SYSTEM	149108

(A) Legislation shall be introduced in the House of	149109
Representatives to reform the Medicaid program and Ohio's health	149110
care delivery system. The Director of the Governor's Office of	149111
Health Transformation and the Medicaid Director shall provide	149112
assistance in developing the legislation. The legislation shall	149113
include, but not be limited to, all of the following:	149114

(1) A focus on individuals who have the greatest potential to	149115
obtain the income and resources that would enable them to cease	149116
enrollment in Medicaid and instead obtain health care coverage	149117
through employer-sponsored health insurance or the health	149118
insurance marketplace;	149119

(2) Strategies to lower Medicaid caseloads by promoting	149120
employment-related services available under Medicaid, including	149121
Medicaid managed care, and promoting other programs that offer	149122
workforce readiness, educational, and wellness services;	149123

(3) Provisions that seek to do both of the following:

149124

(a) Lower net state and federal costs for the Medicaid	149125
program;	149126

(b) Reduce the number of individuals who enroll in Medicaid	149127
over time.	149128

(B) The legislation may call for amending the state Medicaid	149129
plan, obtaining a waiver under the "Social Security Act," section	149130
1115, 42 U.S.C. 1315, or a combination of the two. Subject to	149131
division (c) of this section, the Medicaid Director may submit to	149132
the United States Department of Health and Human Services a state	149133
Medicaid plan amendment, a request for a section 1115 waiver, or a	149134
combination of the two.	149135

(C) Not sooner than September 15, 2013, and not later than	149136
October 1, 2013, the Directors shall submit to the General	149137
Assembly the terms of any federal approval obtained for the	149138
reform. The Directors shall not begin implementation of the reform	149139
unless the General Assembly enacts legislation authorizing	149140
implementation. If the General Assembly does not enact such	149141
legislation on or before December 31, 2013, the Directors shall	149142
cease any activity regarding this reform, including pursuing a	149143
Medicaid plan amendment, section 1115 waiver, or combination of	149144
the two.	149145

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	149146
AVOIDABLE ADMISSIONS	149147

(A) The Department of Medicaid may implement, for fiscal year	149148
2014 and fiscal year 2015, a quality incentive program to do both	149149
of the following:	149150

(1) Reduce the number of times that the following persons are	149151
admitted to hospitals and nursing facilities or utilize emergency	149152
department services when the admissions or utilizations are	149153
avoidable:	149154

(a) Medicaid recipients enrolled in a home and	149155
community-based services Medicaid waiver component administered by	149156
the Office;	149157

(b) Medicaid recipients receiving nursing services available	149158
under the home health services benefit pursuant to 42 C.F.R.	149159
440.70(b)(1);	149160

(c) Medicaid recipients receiving home health aide services	149161
available under the home health services benefit pursuant to 42	149162
C.F.R. 440.70(b)(2);	149163

(d) Medicaid recipients receiving private duty nursing	149164
services as defined in 42 C.F.R. 440.80.	149165

(2) Reduce the number of times that Medicaid recipients	149166
receiving nursing facility services are admitted to hospitals or	149167
utilize emergency department services when the admissions or	149168
utilizations are avoidable.	149169

(B) If the quality incentive program is implemented, the	149170
Department shall include in the program methods by which the	149171
Department will determine the program's actual savings to the	149172
Medicaid program and shall distribute not more than fifty per cent	149173
of the savings to participating Medicaid providers.	149174

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	149175
PROGRAM	149176

(A) As used in this section, "children's hospital" means a	149177
hospital, as defined in section 3727.01 of the Revised Code, that	149178
is located in this state, primarily serves patients eighteen years	149179
of age and younger, is subject to the Medicaid prospective payment	149180
system for hospitals established in rules adopted under section	149181
5164.02 of the Revised Code, and is excluded from Medicare	149182
prospective payments in accordance with 42 C.F.R. 412.23(d).	149183

(B) The Medicaid Director may implement, during fiscal year	149184
2014 and fiscal year 2015, a children's hospitals quality outcomes	149185
program that encourages children's hospitals to develop the	149186
following:	149187

(1) Infrastructures that are needed to care for patients in	149188
the least restrictive setting and promote the care of patients and	149189
their families;	149190

(2) Programs designed to improve birth outcomes and	149191
measurably reduce neonatal intensive care admissions;	149192

(3) Patient-centered methods to measurably reduce utilization	149193
of emergency department services for primary care needs and	149194
nonemergency health conditions;	149195

(4) Other quality-focused reforms the Director identifies.

149196

(C) Up to $6,000,000 state share plus the corresponding	149197
federal share in each fiscal year shall be used to support	149198
payments made to children's hospitals for developing programs that	149199
achieve the outcomes specified under division (B) of this section	149200
and any other measures the Medicaid Director deems appropriate.	149201

Section 323.50. UNIFIED LONG TERM CARE

149202

The foregoing appropriation item 651425, Medicaid Program	149203
Support - State, may be used to provide the preadmission screening	149204
and resident review (PASRR), which includes screening,	149205
assessments, and determinations made under sections 5119.061	149206
(renumbered section 5119.40 of the Revised Code in this act),	149207
5123.021, and 5165.04 of the Revised Code.	149208

The foregoing appropriation item 651425, Medicaid Program	149209
Support - State, may be used to assess and provide long-term care	149210
consultations under section 173.42 of the Revised Code to clients	149211
regardless of Medicaid eligibility.	149212

The foregoing appropriation item 651525, Medicaid/Health Care	149213
Services, may be used to provide nonwaiver funded PASSPORT and	149214
assisted living services to persons who the state department has	149215
determined to be eligible to participate in the nonwaiver funded	149216
PASSPORT and assisted living programs, who applied for but have	149217
not yet been determined to be financially eligible to participate	149218
in the Medicaid waiver component of the PASSPORT Home Care Program	149219
or the Assisted Living Program by a county department of job and	149220
family services, and to persons who are not eligible for Medicaid	149221
but were enrolled in the PASSPORT Program prior to July 1, 1990.	149222

The foregoing appropriation item 651425, Medicaid Program	149223
Support - State, shall be used to provide the required state match	149224
for federal Medicaid funds supporting the Medicaid waiver-funded	149225
PASSPORT Home Care Program, the Choices Program, the Assisted	149226
Living Program, and the PACE Program.	149227

The foregoing appropriation item 651525, Medicaid/Health Care	149228
Services, shall be used to provide the federal matching share of	149229
program costs determined by the Department of Medicaid to be	149230
eligible for Medicaid reimbursement for the Medicaid waiver-funded	149231
PASSPORT Home Care Program, the Choices Program, the Assisted	149232
Living Program, and the PACE Program.	149233

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	149234
OPERATIONS	149235

For fiscal year 2014 and fiscal year 2015, spending for	149236
PASSPORT administrative agencies' site operating functions	149237
relating to screening, assessments, general administrative	149238
functions, and provider relations for the Medicaid waiver-funded	149239
PASSPORT Home Care Program, Choices Program, Assisted Living	149240
Program, and PACE Program shall be at one hundred five per cent of	149241
the level provided in fiscal year 2013.	149242

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

149243

At the beginning of each quarter, or as soon as possible	149244
thereafter, the Medicaid Director shall certify to the Director of	149245
Budget and Management the amount withheld in accordance with	149246
section 5167.30 of the Revised Code for purposes of the Managed	149247
Care Performance Payment Program. Upon receiving certification,	149248
the Director of Budget and Management shall transfer cash in the	149249
amount certified from the General Revenue Fund to the Managed Care	149250
Performance Payment Fund. Appropriation item 651525,	149251
Medicaid/Health Care Services, is hereby reduced by the amount of	149252
the transfer. Upon request of the Medicaid Director and approval	149253
of the Director of Budget and Management, appropriation up to the	149254
cash balance in the Managed Care Performance Payment Fund is	149255
hereby appropriated.	149256

In addition to any other purpose authorized by law, the	149257
Department of Medicaid may use money in the Managed Care	149258
Performance Payment Fund for the following purposes for fiscal	149259
year 2014 and fiscal year 2015:	149260

(A) To meet obligations specified in provider agreements with	149261
Medicaid managed care organizations;	149262

(B) To pay for Medicaid services provided by a Medicaid	149263
managed care organization;	149264

(C) To reimburse a Medicaid managed care organization that	149265
has paid a fine for failure to meet performance standards or other	149266
requirements specified in provider agreements or rules adopted	149267
under section 5167.02 of the Revised Code if the organization	149268
comes into compliance with the standards or requirements.	149269

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

149270

(A) Except as provided in division (B) of this section, the	149271
Department of Medicaid shall not include in the care management	149272
system established under section 5167.03 of the Revised Code any	149273
individual receiving services through the program for medically	149274
handicapped children established under section 3701.023 of the	149275
Revised Code who has one or more of the following conditions:	149276

(1) Cystic fibrosis;

149277

(2) Hemophilia;

149278

(3) Cancer.

149279

(B) An individual described in division (A) of this section	149280
may be designated for participation in the care management system	149281
if the individual was receiving services through the system	149282
immediately before April 1, 2013.	149283

(C) This section applies until July 1, 2014, notwithstanding	149284
any provision of section 5167.03 of the Revised Code that	149285
otherwise authorizes or requires the designation of individuals	149286
for participation in the care management system.	149287

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	149288
HEALTH SERVICES	149289

(A) As used in this section, "community mental health	149290
services" means mental health services included in the state	149291
Medicaid plan pursuant to section 5164.15 of the Revised Code.	149292

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	149293
recipient who is under twenty-one years of age automatically	149294
satisfies all requirements for any prior authorization process for	149295
community mental health services provided under a component of the	149296
Medicaid program administered by the Department of Mental Health	149297
and Addiction Services pursuant to an interagency agreement	149298
authorized by section 5162.35 of the Revised Code if any of the	149299
following apply to the recipient:	149300

(1) The recipient is in the temporary custody or permanent	149301
custody of a public children services agency or private child	149302
placing agency or is in a planned permanent living arrangement.	149303

(2) The recipient has been placed in protective supervision	149304
by a juvenile court.	149305

(3) The recipient has been committed to the Department of	149306
Youth Services.	149307

(4) The recipient is an alleged or adjudicated delinquent or	149308
unruly child receiving services under the Felony Delinquent Care	149309
and Custody Program operated under section 5139.43 of the Revised	149310
Code.	149311

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	149312
LONG-TERM SERVICES AND SUPPORTS	149313

(A) The Joint Legislative Committee for Unified Long-Term	149314
Services and Supports created under section 309.30.73 of Am. Sub.	149315
H.B. 153 of the 129th General Assembly, as subsequently amended,	149316
shall continue to exist during fiscal year 2014 and fiscal year	149317
2015. The Committee shall consist of the following members:	149318

(1) Two members of the House of Representatives from the	149319
majority party, appointed by the Speaker of the House of	149320
Representatives;	149321

(2) One member of the House of Representatives from the	149322
minority party, appointed by the Speaker of the House of	149323
Representatives;	149324

(3) Two members of the Senate from the majority party,	149325
appointed by the President of the Senate;	149326

(4) One member of the Senate from the minority party,	149327
appointed by the President of the Senate.	149328

(B) The Speaker of the House of Representatives shall	149329
designate one of the members of the Committee appointed under	149330
division (A)(1) of this section to serve as co-chairperson of the	149331
Committee. The President of the Senate shall designate one of the	149332
members of the Committee appointed under division (A)(3) of this	149333
section to serve as the other co-chairperson of the Committee. The	149334
Committee shall meet at the call of the co-chairpersons. The	149335
co-chairpersons may request assistance for the Committee from the	149336
Legislative Service Commission.	149337

149338

(1) The implementation of the dual eligible integrated care	149339
demonstration project authorized by section 5164.91 of the Revised	149340
Code;	149341

(2) The implementation of a unified long-term services and	149342
support Medicaid waiver component under section 5166.14 of the	149343
Revised Code;	149344

(3) Providing consumers choices regarding a continuum of	149345
services that meet their health-care needs, promote autonomy and	149346
independence, and improve quality of life;	149347

(4) Ensuring that long-term care services and supports are	149348
delivered in a cost-effective and quality manner;	149349

(5) Subjecting county homes, county nursing homes, and	149350
district homes operated pursuant to Chapter 5155. of the Revised	149351
Code to the franchise permit fee under sections 5168.40 to 5168.56	149352
of the Revised Code;	149353

(6) Other issues of interest to the committee.

149354

(D) The co-chairpersons of the Committee shall provide for	149355
the Medicaid Director to testify before the Committee at least	149356
quarterly regarding the issues that the Committee examines.	149357

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	149358
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	149359
HOSPITAL INCENTIVE PAYMENT PROGRAM	149360

(A) As used in this section:

149361

(1) "Hospital" has the same meaning as in section 5168.20 of	149362
the Revised Code.	149363

(2) "Hospital Assessment Fund" means the fund created under	149364
section 5168.25 of the Revised Code.	149365

(3) "Medicaid managed care organization" has the same meaning	149366
as in section 5167.01 of the Revised Code.	149367

(B) The Department of Medicaid shall do both of the	149368
following:	149369

(1) Continue the Hospital Inpatient and Outpatient	149370
Supplemental Upper Payment Limit Program that was established	149371
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	149372
General Assembly, with any modifications necessary to implement	149373
the program as described under division (D) of this section;	149374

(2) Continue the Medicaid Managed Care Hospital Incentive	149375
Payment Program, as described under division (E) of this section.	149376

(C) The Department shall use amounts deposited into the	149377
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	149378
for the following purposes in each fiscal year:	149379

(1) To pay for costs associated with all of the following:

149380

(a) The Hospital Inpatient and Outpatient Supplemental Upper	149381
Payment Limit Program;	149382

(b) The Medicaid Managed Care Hospital Incentive Payment	149383
Program;	149384

(c) The Medicaid payment rates for hospital inpatient and	149385
outpatient services required by the section of this act entitled	149386
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND	149387
OUTPATIENT SERVICES."	149388

(2) To reduce spending in appropriation item 651525,	149389
Medicaid/Health Care Services.	149390

(D)(1) Under the Hospital Inpatient and Outpatient	149391
Supplemental Upper Payment Limit Program, subject to division	149392
(D)(2) of this section, supplemental Medicaid payments shall be	149393
made to hospitals for Medicaid-covered inpatient and outpatient	149394
services. The Department shall make the payments through amounts	149395
available for the Program pursuant to division (C) of this section	149396
and any federal financial participation available for the Program.	149397

(2) The Department shall take all actions necessary to cease	149398
implementation of the Program if the United States Secretary	149399
determines that the assessment imposed under section 5168.21 of	149400
the Revised Code is an impermissible health care-related tax under	149401
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	149402

(E)(1) The purpose of the Medicaid Managed Care Hospital	149403
Incentive Payment Program is to increase access to hospital	149404
services for Medicaid recipients who are enrolled in Medicaid	149405
managed care organizations.	149406

Under the Program, subject to division (E)(2) of this	149407
section, funds shall be provided to Medicaid managed care	149408
organizations, which shall use the funds to increase payments to	149409
hospitals for providing services to Medicaid recipients who are	149410
enrolled in the organizations. The Department shall provide the	149411
funds through amounts available for the Program pursuant to	149412
division (C) of this section and any federal financial	149413
participation available for the Program.	149414

(2)(a) The Department shall not provide funds to Medicaid	149415
managed care organizations under the Program unless an actuary	149416
selected by the Department certifies that the Program would not	149417
violate the actuarial soundness of the capitation rates paid to	149418
Medicaid managed care organizations.	149419

(b) The Department shall not implement the Program in a	149420
manner that causes a hospital to receive less money from the	149421
Hospital Assessment Fund than the hospital would have received if	149422
the Program were not implemented.	149423

(c) The Department shall not implement the Program in a	149424
manner that causes a Medicaid managed care organization to receive	149425
a lower capitation payment rate solely because funds are made	149426
available to the organization under the Program.	149427

(d) The Department shall take all necessary actions to cease	149428
implementation of the Program if the United States Secretary	149429
determines that the assessment imposed under section 5168.21 of	149430
the Revised Code is an impermissible health care-related tax under	149431
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	149432

(F) The Director of Budget and Management may authorize	149433
additional expenditures from appropriation item 651623, Medicaid	149434
Services - Federal, appropriation item 651525, Medicaid/Health	149435
Care Services, and appropriation item 651656, Medicaid Services -	149436
Hospital/UPL, in order to implement the programs authorized by	149437
this section. Any amounts authorized are hereby appropriated.	149438

(G) The Medicaid Director shall adopt rules as necessary to	149439
implement this section. The rules shall provide for the applicable	149440
assessment percentage that is used for the purpose of section	149441
5168.21 of the Revised Code to be an amount that raises, from the	149442
assessments imposed on hospitals under that section, an amount the	149443
Director determines is appropriate to fund the purposes specified	149444
in division (C) of this section.	149445

Section 323.103. CONTINUATION OF MEDICAID RATES FOR HOSPITAL	149446
INPATIENT AND OUTPATIENT SERVICES	149447

(A) The Medicaid payment rates for Medicaid-covered hospital	149448
inpatient services and hospital outpatient services shall be the	149449
same as the Medicaid payment rates for the services in effect on	149450
June 30, 2013, until the following:	149451

(1) In the case of hospital inpatient services, the effective	149452
date of the first of any rules adopted under section 5164.02 of	149453
the Revised Code establishing new diagnosis-related groups for the	149454
services;	149455

(2) In the case of hospital outpatient services, June 30,	149456
2015.	149457

(B) The Director of Budget and Management may authorize	149458
additional expenditures from appropriation item 651623, Medicaid	149459
Services – Federal, appropriation item 651525, Medicaid/Health	149460
Care Services, and appropriation item 651656, Medicaid Services –	149461
Hospital/UPL, in order to implement this section. Any amounts	149462
authorized are hereby appropriated.	149463

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	149464
OF MEDICAID WAIVER PROGRAMS	149465

(A) As used in this section, "MCD or ODA Medicaid waiver	149466
component" means the following:	149467

(1) The Medicaid waiver component of the PASSPORT program	149468
created under section 173.52 of the Revised Code;	149469

(2) The Choices program created under section 173.53 of the	149470
Revised Code;	149471

(3) The Medicaid waiver component of the Assisted Living	149472
program created under section 173.54 of the Revised Code.	149473

(4) The Ohio Home Care Waiver program as defined in section	149474
5166.01 of the Revised Code;	149475

(5) The Ohio Transitions II Aging Carve-Out program as	149476
defined in section 5166.01 of the Revised Code;	149477

(B) If an MCD or ODA Medicaid waiver component is terminated	149478
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	149479
Revised Code, all of the following apply:	149480

(1) All applicable statutes, and all applicable rules,	149481
standards, guidelines, or orders issued by the Medicaid Director	149482
or Department of Medicaid or Director or Department of Aging	149483
before the component is terminated, shall remain in full force and	149484
effect on and after that date, but solely for purposes of	149485
concluding the component's operations, including fulfilling the	149486
Departments' legal obligations for claims arising from the	149487
component relating to eligibility determinations, covered medical	149488
assistance provided to eligible persons, and recovering erroneous	149489
overpayments.	149490

(2) Notwithstanding the termination of the component, the	149491
right of subrogation for the cost of medical assistance given	149492
under section 5160.37 of the Revised Code to the Department of	149493
Medicaid and an assignment of the right to medical assistance	149494
given under section 5160.38 of the Revised Code to the Department	149495
continue to apply with respect to the component and remain in	149496
force to the full extent provided under those sections.	149497

(3) The Department of Medicaid and Department of Aging may	149498
use appropriated funds to satisfy any claims or contingent claims	149499
for medical assistance provided under the component before the	149500
component's termination.	149501

(4) Neither the Department of Medicaid nor the Department of	149502
Aging has liability under the component to reimburse any provider	149503
or other person for claims for medical assistance rendered under	149504
the component after it is terminated.	149505

(C) The Medicaid Director and Director of Aging may adopt	149506
rules in accordance with Chapter 119. of the Revised Code to	149507
implement this section.	149508

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

149509

The Medicaid dispensing fee for each noncompounded drug	149510
covered by the Medicaid program shall be $1.80 for the period	149511
beginning July 1, 2013, and ending on the effective date of a rule	149512
changing the amount of the fee that the Medicaid Director adopts	149513
under section 5164.02 of the Revised Code.	149514

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	149515
REIMBURSEMENT FUND	149516

The federal payments made to the state under subsection (e)	149517
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	149518
No. 109-171, as amended, shall be deposited into the Money Follows	149519
the Person Enhanced Reimbursement Fund. The Department of Medicaid	149520
shall continue to use money deposited into the fund for system	149521
reform activities related to the Money Follows the Person	149522
demonstration project.	149523

Section 323.150. MEDICARE PART D

149524

The foregoing appropriation item 651526, Medicare Part D, may	149525
be used by the Department of Medicaid for the implementation and	149526
operation of the Medicare Part D requirements contained in the	149527
"Medicare Prescription Drug, Improvement, and Modernization Act of	149528
2003," Pub. L. No. 108-173, as amended. Upon the request of the	149529
Department of Medicaid, the Director of Budget and Management may	149530
transfer the state share of appropriations between appropriation	149531
item 651525, Medicaid/Health Care Services, or appropriation item	149532
651526, Medicare Part D. If the state share of appropriation item	149533
651525, Medicaid/Health Care Services, is adjusted, the Director	149534
of Budget and Management shall adjust the federal share	149535
accordingly. The Department of Medicaid shall provide notification	149536
to the Controlling Board of any transfers at the next scheduled	149537
Controlling Board meeting.	149538

Section 323.160. REBALANCING LONG-TERM CARE

149539

(A) As used in this section:

149540

"Balancing Incentive Payments Program" means the program	149541
established under section 10202 of the Patient Protection and	149542
Affordable Care Act.	149543

"Long-term services and supports" has the same meaning as in	149544
section 10202(f)(1) of the Patient Protection and Affordable Care	149545
Act.	149546

"Non-institutionally-based long-term services and supports"	149547
has the same meaning as in section 10202(f)(1)(B) of the Patient	149548
Protection and Affordable Care Act.	149549

"Patient Protection and Affordable Care Act" means Public Law	149550
111-148.	149551

(B) The Departments of Aging, Developmental Disabilities, and	149552
Medicaid shall continue efforts to achieve a sustainable and	149553
balanced delivery system for long-term services and supports. In	149554
so doing, the Departments shall strive to realize the following	149555
goals by June 30, 2015:	149556

(1) Having at least fifty per cent of Medicaid recipients who	149557
are sixty years of age or older and need long-term services and	149558
supports utilize non-institutionally-based long-term services and	149559
supports;	149560

(2) Having at least sixty per cent of Medicaid recipients who	149561
are less than sixty years of age and have cognitive or physical	149562
disabilities for which long-term services and supports are needed	149563
utilize non-institutionally-based long-term services and supports.	149564

(C) If the Department of Medicaid determines that	149565
participating in the Balancing Incentive Payments Program will	149566
assist in achieving the goals specified in division (B) of this	149567
section, the Department may apply to the United States Secretary	149568
of Health and Human Services to participate in the program.	149569

Section 323.170. OHIO ACCESS SUCCESS PROJECT

149570

Of the foregoing appropriation item, 651525, Medicaid/Health	149571
Care Services, up to $450,000 in each fiscal year may be used to	149572
provide one-time transitional benefits under the Ohio Access	149573
Success Project that the Medicaid Director may establish under	149574
section 5166.35 of the Revised Code.	149575

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

149576

(A) At least quarterly, the Medicaid Director shall certify	149577
to the Director of Budget and Management the amount of offsets	149578
withheld under section 5168.52 of the Revised Code from payments	149579
made from the General Revenue Fund.	149580

(B) The Director of Budget and Management may transfer cash	149581
from the General Revenue Fund to the Nursing Home Franchise Permit	149582
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	149583
Revised Code.	149584

(C) Amounts transferred pursuant to this section are hereby	149585
appropriated.	149586

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

149587

The foregoing appropriation item 651623, Medicaid Services -	149588
Federal, shall be used by the Department of Medicaid for	149589
distributing the federal share of Medicaid services required under	149590
the section of this act entitled "CREATION OF THE DEPARTMENT OF	149591
MEDICAID," including the federal share of all hospital care	149592
assurance program funds to hospitals under section 5168.09 of the	149593
Revised Code.	149594

If receipts credited to the Health Care Federal Fund (Fund	149595
3F00) exceed the amounts appropriated from the fund for making the	149596
hospital care assurance program distribution, the Medicaid	149597
Director may request the Director of Budget and Management to	149598
authorize expenditures from the fund in excess of the amounts	149599
appropriated. Upon the approval of the Director of Budget and	149600
Management, the additional amounts are hereby appropriated.	149601

The foregoing appropriation item 651649, Medicaid Services –	149602
HCAP, shall be used by the Department of Medicaid for distributing	149603
the state share of all hospital care assurance program funds to	149604
hospitals under section 5168.09 of the Revised Code. If receipts	149605
credited to the Hospital Care Assurance Program Fund (Fund 6510)	149606
exceed the amounts appropriated from the fund for making the	149607
hospital care assurance program distribution, the Medicaid	149608
Director may request the Director of Budget and Management to	149609
authorize expenditures from the fund in excess of the amounts	149610
appropriated. Upon the approval of the Director of Budget and	149611
Management, the additional amounts are hereby appropriated.	149612

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

149613

Of the amount received by the Department of Medicaid during	149614
fiscal year 2014 and fiscal year 2015 from the first installment	149615
of assessments paid under section 5168.06 of the Revised Code and	149616
intergovernmental transfers made under section 5168.07 of the	149617
Revised Code, the Medicaid Director shall deposit $350,000 in each	149618
fiscal year into the state treasury to the credit of the Health	149619
Care Services Administration Fund (Fund 5U30).	149620

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	149621
SERVICES ADMINISTRATION FUND	149622

(A) As used in this section:

149623

"Hospital offset" means an offset from a hospital's Medicaid	149624
payment authorized by section 5168.991 of the Revised Code.	149625

"Vendor offset" means a reduction of a Medicaid payment to a	149626
Medicaid provider to correct a previous, incorrect Medicaid	149627
payment.	149628

(B) During fiscal year 2014 and fiscal year 2015, at	149629
intervals selected by the Medicaid Director, the Director shall	149630
certify to the Director of Budget and Management the amount of	149631
hospital offsets and vendor offsets for the period covered by the	149632
certification and the particular funds that would have been used	149633
to make Medicaid payments to providers if not for the offsets.	149634
Each certification shall specify the amount that would have been	149635
taken from each of the funds if not for the hospital offsets and	149636
vendor offsets.	149637

(C) On receipt of a certification under division (B) of this	149638
section, the Director of Budget and Management shall transfer cash	149639
from the funds identified in the certification to the Health Care	149640
Services Administration Fund (Fund 5U30). The amount transferred	149641
from a fund shall equal the amount that would have been taken from	149642
the fund if not for the hospital offsets and vendor offsets as	149643
specified in the certification. The transferred cash is hereby	149644
appropriated.	149645

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

149646

The Medicaid Director may request the Director of Budget and	149647
Management to increase appropriation item 651655, Medicaid	149648
Interagency Pass-Through. Upon the approval of the Director of	149649
Budget and Management, the additional amounts are hereby	149650
appropriated.	149651

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	149652
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	149653

(A) As used in this section:

149654

"Dual eligible individual" has the same meaning as in the	149655
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	149656
1396n(h)(2)(B).	149657

"Medicare Part B" means the Supplementary Medical Insurance	149658
Program for the Aged and Disabled component of the Medicare	149659
program established by Part B of Title XVIII of the "Social	149660
Security Act," 42 U.S.C. 1395j et seq.	149661

"Noninstitutional services" means any services other than	149662
hospital services, nursing facility services, and intermediate	149663
care facilities for individuals with intellectual disabilities.	149664

(B) Notwithstanding any conflicting state statute, a Medicaid	149665
payment for noninstitutional services, excluding physician	149666
services and including freestanding dialysis center services,	149667
provided during the period beginning January 1, 2014, and ending	149668
July 1, 2015, to a Medicaid recipient who is a dual eligible	149669
individual enrolled for benefits under Medicare Part B shall equal	149670
the lesser of the following:	149671

(1) The sum of the Medicare Part B deductible, coinsurance,	149672
and copayment for the services that are applicable to the	149673
individual;	149674

(2) The greater of the following:

149675

(a) The maximum allowable Medicaid payment for the services	149676
when the services are provided to other Medicaid recipients, less	149677
the total Medicaid payment (if any) most recently paid on the	149678
Medicaid recipient's behalf for such services;	149679

(b) Zero.

149680

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	149681
AND PRIVATE DUTY NURSING	149682

(A) As used in this section, "responsible adult" means the	149683
spouse of a Medicaid recipient or, in the case of a Medicaid	149684
recipient who is a minor, the minor's parent, foster caregiver,	149685
stepparent, guardian, legal custodian, or any other person who	149686
stands in loco parentis for the minor.	149687

(B) Except as provided in division (C) of this section, for	149688
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	149689
be made for any of the following services that are provided to a	149690
Medicaid recipient by an individual who is a responsible adult for	149691
that recipient:	149692

(1) Nursing services available under the home health services	149693
benefit pursuant to 42 C.F.R. 440.70(b)(1);	149694

(2) Home health aide services available under the home health	149695
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	149696

(3) Private duty nursing services, as defined in 42 C.F.R.	149697
440.80.	149698

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	149699
Director shall establish the conditions under which Medicaid	149700
payments may be made for any of the services described in division	149701
(B) of this section that are provided to a Medicaid recipient by	149702
an individual who is a responsible adult for that recipient.	149703

(D) The Director shall adopt rules in accordance with Chapter	149704
119. of the Revised Code necessary to implement this section. The	149705
Director shall consult provider representatives, consumer	149706
representatives, and other stakeholders in developing the rules,	149707
which may include the following:	149708

(1) Qualification and training requirements necessary for	149709
responsible adults to receive Medicaid payments under division (C)	149710
of this section;	149711

(2) Oversight requirements necessary for responsible adults	149712
to receive Medicaid payments under division (C) of this section;	149713

(3) Procedures designed to protect against fraud, waste, and	149714
abuse that may occur as a result of payments made under division	149715
(C) of this section;	149716

(4) Any other procedures, standards, or requirements the	149717
Director considers appropriate.	149718

Section 323.236. PURCHASING STRATEGIES FOR CERTAIN SERVICES

149719

For fiscal year 2014 and fiscal year 2015, the Medicaid	149720
Director shall implement strategies for purchasing oxygen (other	149721
than emergency oxygen), resident transportation services and	149722
wheelchairs for Medicaid recipients residing in nursing	149723
facilities. In implementing the purchasing strategies, the	149724
Director shall seek to achieve a more efficient allocation of	149725
resources and price and quality competition among providers of the	149726
goods and services. The Director shall consider one or more of the	149727
following when determining the purchasing strategies to implement:	149728

(A) Establishing selective contracting or competitive	149729
bidding;	149730

(B) Establishing manufacturers rebate programs;

149731

(C) Another purchasing strategy that saves the Medicaid	149732
program an amount equivalent to the savings that would be realized	149733
from the purchasing strategies specified in division (A) or (B),	149734
or both, of this section.	149735

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	149736
SERVICES	149737

(A) The Medicaid Director shall reduce the Medicaid payment	149738
rate for radiological services to which both of the following	149739
apply:	149740

(1) They are provided in a physician's office or an	149741
independent diagnostic testing facility;	149742

(2) They are provided more than once by the same provider for	149743
the same Medicaid recipient during the same session.	149744

(B) The Director shall adopt rules under section 5164.02 of	149745
the Revised Code to implement the rate reduction required by this	149746
section. The rules shall not take effect before January 1, 2014.	149747

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	149748
SERVICES DEPENDING ON LOCATION OF SERVICE	149749

(A) The Medicaid Director shall do both of the following:

149750

(1) Identify physician services for which Medicaid payment	149751
rates should vary depending on where the services are provided;	149752

(2) Adopt rules under section 5164.02 of the Revised Code to	149753
establish the varying Medicaid payment rates.	149754

(B) The rules required by division (A)(2) of this section	149755
shall not take effect before January 1, 2014.	149756

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

149757

The Medicaid payment rates for services provided under the	149758
PASSPORT program, other than adult day-care services, during the	149759
period beginning July 1, 2013, and ending June 30, 2015, shall be	149760
not less than ninety-eight and five-tenths per cent of the	149761
Medicaid payment rates for the services in effect on June 30,	149762
2011. The Medicaid payment rates for adult day-care services	149763
provided under the PASSPORT program during the period beginning	149764
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	149765
higher than the amount of the Medicaid payment rates for the	149766
services in effect on June 30, 2013.	149767

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	149768
MEDICARE PAYMENT METHODOLOGIES	149769

(A) The Medicaid Director shall do both of the following:

149770

(1) Identify Medicaid services for which the Medicaid payment	149771
methodologies should be aligned, to the extent the Director	149772
considers appropriate, with Medicare payment methodologies for the	149773
services;	149774

(2) Adopt rules under section 5164.02 of the Revised Code to	149775
so align the payment methodologies for the services.	149776

(B) The rules required by division (A)(2) of this section	149777
shall not take effect before January 1, 2014.	149778

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	149779
FACILITY SERVICES	149780

As used in this section, "Medicaid waiver component" has the	149781
same meaning as in section 5166.01 of the Revised Code.	149782

The Medicaid Director may establish, as a Medicaid waiver	149783
component, an alternative purchasing model for nursing facility	149784
services provided, during the period beginning July 1, 2013, and	149785
ending July 1, 2015, to Medicaid recipients with specialized	149786
health care needs, including recipients dependent on ventilators,	149787
recipients who have severe traumatic brain injury, and recipients	149788
who would be admitted to long-term acute care hospitals or	149789
rehabilitation hospitals if they did not receive nursing facility	149790
services. If established, the alternative purchasing model shall	149791
do all of the following:	149792

(A) Recognize a connection between enhanced Medicaid payment	149793
rates and improved health outcomes capable of being measured;	149794

(B) Include criteria for identifying Medicaid recipients with	149795
specialized health care needs;	149796

(C) Include procedures for ensuring that Medicaid recipients	149797
identified pursuant to division (B) of this section receive	149798
nursing facility services under the alternative purchasing model.	149799

The total per Medicaid day payment rate for nursing facility	149800
services provided under the alternative purchasing model may	149801
differ from the rate that would otherwise be paid pursuant to	149802
Chapter 5165. of the Revised Code.	149803

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	149804
EFFICIENCY AND INDIVIDUAL CARE	149805

(A) The Department of Medicaid may review the following	149806
services covered by the Medicaid program to identify opportunities	149807
to improve the efficiency of, and individual care provided by,	149808
long-term care services and supports:	149809

(1) Nursing services available under the home health services	149810
benefit pursuant to 42 C.F.R. 440.70(b)(1);	149811

(2) Home health aide services available under the home health	149812
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	149813

(3) Private duty nursing services as defined in 42 C.F.R.	149814
440.80.	149815

(B) The Department, in its review authorized by division (A)	149816
of this section, may consider establishing the following:	149817

(1) New methods for authorizing and coordinating long-term	149818
care services and supports, including such services and supports	149819
covered by the Medicaid state plan, using case managers or care	149820
coordinators;	149821

(2) Competency and training requirements for the case	149822
managers or care coordinators;	149823

(3) Other mechanisms for improving efficiency and individual	149824
care in the delivery of long-term care services and supports.	149825

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	149826
CARE	149827

(A) As used in this section:

149828

(1) "Dual eligible individual" has the same meaning as in	149829
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	149830
42 U.S.C. 1396n(h)(2)(B).	149831

(2) "Dual eligible integrated care demonstration project"	149832
means the demonstration project authorized by section 5164.91 of	149833
the Revised Code.	149834

(3) "Medicaid managed care organization" has the same meaning	149835
as in section 5167.01 of the Revised Code.	149836

(4) "Participant" means an individual participating in the	149837
dual eligible integrated care demonstration project.	149838

(B) For fiscal year 2014 and fiscal year 2015, the Department	149839
of Medicaid shall provide performance payments as provided under	149840
this section to Medicaid managed care organizations providing care	149841
under the Dual Eligible Integrated Care Demonstration Project.	149842

(C) If the Department implements the Dual Eligible Integrated	149843
Care Demonstration Project, and if participants receive care	149844
through Medicaid managed care organizations under the project, the	149845
Department shall, in consultation with the United States Centers	149846
for Medicare and Medicaid Services, do both of the following:	149847

(1) Develop quality measures designed specifically to	149848
determine the effectiveness of the health care and other services	149849
provided to participants by Medicaid managed care organizations;	149850

(2) Determine an amount to be withheld from the Medicaid	149851
premium payments paid to Medicaid managed care organizations for	149852
participants.	149853

(D)(1) For the purposes of division (C)(2) of this section,	149854
the Department shall establish an amount that is to be withheld	149855
each time a premium payment is made to a Medicaid managed care	149856
organization for a participant. The amount shall be established as	149857
a percentage of each premium payment. The percentage shall be the	149858
same for all Medicaid managed care organizations providing care to	149859
participants.	149860

(2) Each Medicaid managed care organization shall agree to	149861
the withholding as a condition of receiving or maintaining its	149862
Medicaid provider agreement with the Department.	149863

(3) When the amount is established and each time the amount	149864
is modified thereafter, the Department shall certify the amount to	149865
the Director of Budget and Management and begin withholding the	149866
amount from each premium the Department pays to a Medicaid managed	149867
care organization for a participant.	149868

(E) The Director of Budget and Management shall transfer the	149869
amounts certified in accordance with division (D) of this section	149870
into the Managed Care Performance Payment Fund created under	149871
section 5162.60 of the Revised Code. The amounts transferred may	149872
be used to make performance payments to Medicaid managed care	149873
organizations providing care to participants in accordance with	149874
rules that may be adopted by the Medicaid Director under Chapter	149875
119. of the Revised Code.	149876

(F) A Medicaid managed care organization subject to this	149877
section is not subject to section 5167.30 of the Revised Code for	149878
premium payments attributed to participants during fiscal year	149879
2014 and fiscal year 2015.	149880

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	149881
PAYMENT PROGRAM	149882

At the beginning of each quarter, or as soon as possible	149883
thereafter, the Medicaid Director may certify to the Director of	149884
Budget and Management the amount withheld in accordance with the	149885
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	149886
MANAGED CARE." On receipt of certification, the Director of Budget	149887
and Management shall transfer cash in the amount certified from	149888
the General Revenue Fund to the Managed Care Performance Payment	149889
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	149890
Appropriation item 651525, Medicaid/Health Care Services, is	149891
hereby reduced by the amount of the transfer.	149892

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

149893

(A) As used in this section:

149894

"Medicaid waiver component" has the same meaning as in	149895
section 5166.01 of the Revised Code.	149896

"Patient liability" means the amount that 42 C.F.R. 435.735	149897
requires be reduced from a Medicaid payment for home and	149898
community-based services available under a Medicaid waiver	149899
component.	149900

(B) The Medicaid Director may contract with a person or	149901
government entity to collect patient liabilities for fiscal year	149902
2014 and fiscal year 2015. The Director may adopt rules under	149903
section 5166.02 of the Revised Code as necessary to implement this	149904
section.	149905

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

149906

(A) As used in this section:

149907

"Federal poverty line" means the official poverty line	149908
defined by the United States Office of Management and Budget based	149909
on the most recent data available from the United States Bureau of	149910
the Census and revised by the United States Secretary of Health	149911
and Human Services pursuant to the "Omnibus Budget Reconciliation	149912
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	149913

"State plan home and community-based services" means home and	149914
community-based services that may be included in the Medicaid	149915
state plan pursuant to the "Social Security Act," section 1915(i),	149916
42 U.S.C. 1396n(i).	149917

(B) During fiscal year 2014 and fiscal year 2015, the	149918
Medicaid program may cover state plan home and community-based	149919
services for Medicaid recipients of any age who have behavioral	149920
health issues and countable incomes not exceeding one hundred	149921
fifty per cent of the federal poverty line. A Medicaid recipient	149922
is not required to undergo a level of care determination to be	149923
eligible for the state plan home and community-based services.	149924

The Medicaid Director may adopt rules under section 5164.02	149925
of the Revised Code as necessary to implement this section.	149926

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	149927
INDIVIDUALS UNDER AGE 21	149928

(A) As used in this section:

149929

"Inpatient psychiatric hospital services for individuals	149930
under age 21" has the same meaning as in the "Social Security	149931
Act," section 1905(h), 42 U.S.C. 1396d(h).	149932

"Psychiatric residential treatment facility" has the same	149933
meaning as in 42 C.F.R. 483.352.	149934

(B) During fiscal year 2014 and fiscal year 2015, the	149935
Medicaid program may cover inpatient psychiatric hospital services	149936
for individuals under age 21 that are provided by psychiatric	149937
residential treatment facilities to Medicaid recipients to whom	149938
both of the following apply:	149939

(1) They are in the custody of the Department of Youth	149940
Services.	149941

(2) They have been identified as meeting a clinical criterion	149942
of serious emotional disturbance specified pursuant to division	149943
(C) of this section.	149944

(C) The Department of Youth Services, in collaboration with	149945
the Department of Medicaid and Department of Mental Health and	149946
Addiction Services, shall specify the clinical criterion of	149947
serious emotional disturbance to be used for the purpose of	149948
division (B)(2) of this section.	149949

Section 323.350. MCD COLLABORATION WITH DVS

149950

The Department of Medicaid may collaborate with the	149951
Department of Veterans Services to determine ways to improve the	149952
coordination of the services that the Departments make available	149953
to veterans in a manner that enhances veterans' receipt of the	149954
services. The Departments may implement, during fiscal year 2014	149955
and fiscal year 2015, initiatives that they determine during the	149956
collaboration will maximize the efficiency of the services and	149957
ensure that veterans' needs are met.	149958

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

149959

(A) The Medicaid Director may develop and implement, during	149960
fiscal year 2014 and fiscal year 2015, initiatives designed to	149961
improve birth outcomes for Medicaid recipients, including	149962
improvements designed to do the following:	149963

(1) Reduce the number of preterm births;

149964

(2) Reduce Medicaid costs;

149965

(3) Improve the quality of Medicaid services.

149966

(B) In developing the initiatives, the Director may consult	149967
with experts in practice improvement, Medicaid managed care	149968
organizations, hospitals, and other types of Medicaid providers.	149969
The Director, Medicaid managed care organizations, and other types	149970
of Medicaid providers involved in the initiatives shall make	149971
information about the initiatives available on their web sites.	149972

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	149973
FUND	149974

On July 1, 2013, or as soon as possible thereafter, the	149975
Director of Budget and Management shall transfer the cash balance	149976
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	149977
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	149978
completion of the transfer, Fund 5P50 is abolished. The Director	149979
shall cancel any existing encumbrances against appropriation item	149980
600692, Health Care/Medicaid Support – Drug Rebates, and	149981
reestablish them against appropriation item 651639, Medicaid	149982
Services - Recoveries. The re-established encumbrance amounts are	149983
hereby appropriated.	149984

All money that would have been deposited into the	149985
Prescription Drug Rebates Fund shall be deposited into the Health	149986
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	149987
and fiscal year 2015.	149988

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	149989
FUND	149990

On July 1, 2013, or as soon as possible thereafter, the	149991
Medicaid Director shall certify to the Director of Budget and	149992
Management, the cash balance related to managed care obligations	149993
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	149994
Budget and Management shall transfer the amount certified from	149995
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	149996
5KW0). The Director shall cancel any existing encumbrances related	149997
to managed care obligations against appropriation item 600625,	149998
Healthcare Compliance, and re-establish them against appropriation	149999
item 651612, Managed Care Performance Payment. The re-established	150000
encumbrance amounts are hereby appropriated.	150001

After the cash relating to managed care obligations has been	150002
transferred, the Director of Budget and Management shall transfer	150003
the remaining cash balance in the Healthcare Compliance Fund (Fund	150004
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	150005
Upon completion of the transfer, Fund 4Z10 is abolished. The	150006
Director shall cancel any remaining encumbrances against	150007
appropriation item 600625, Healthcare Compliance, and re-establish	150008
them against appropriation item 651654, Medicaid Program Support.	150009
The re-established encumbrance amounts are hereby appropriated.	150010

All money that would have been deposited into the Health Care	150011
Compliance Fund pursuant to division (B)(2) of former section	150012
5111.946 of the Revised Code shall be deposited into the Health	150013
Care Services Administration Fund during fiscal year 2014 and	150014
fiscal year 2015.	150015

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	150016
OVERSIGHT FUND	150017

On July 1, 2013, or as soon as possible thereafter, the	150018
Director of Budget and Management shall transfer the cash balance	150019
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	150020
Health Care Services Administration Fund (Fund 5U30). Upon	150021
completion of the transfer, Fund 5S30 is abolished. The Director	150022
shall cancel any existing encumbrances against appropriation item	150023
600629, Healthcare Program and DDD Support, and re-establish them	150024
against appropriation item 651654, Medicaid Program Support. The	150025
re-established encumbrance amounts are hereby appropriated.	150026

Section 323.400. REFUNDS AND RECONCILIATION FUND

150027

The Refunds and Reconciliation Fund (Fund R055) shall be used	150028
to hold refund and reconciliation revenues until the appropriate	150029
fund is determined or until the revenues are directed to the	150030
appropriate governmental agency other than the Department of	150031
Medicaid. Any Medicaid refunds or reconciliations received or held	150032
by the Department of Job and Family Services shall be transferred	150033
or credited to this fund. If receipts credited to the Refunds and	150034
Reconciliation Fund exceed the amounts appropriated from the fund,	150035
the Medicaid Director may request the Director of Budget and	150036
Management to authorize expenditures from the fund in excess of	150037
the amounts appropriated. Upon approval of the Director of Budget	150038
and Management, the additional amounts are hereby appropriated.	150039

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	150040
JANUARY 1, 2014	150041

Notwithstanding the amendments by this act to sections	150042
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	150043
(as renumbered as section 5163.02) and the repeal by this act of	150044
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	150045
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	150046
and 5111.0125 of the Revised Code, no individual eligible for	150047
Medicaid pursuant to those sections shall lose Medicaid	150048
eligibility before January 1, 2014, because of the amendments to,	150049
or repeal of, those sections. This section does not preclude an	150050
individual from losing Medicaid eligibility before January 1,	150051
2014, if the individual would cease to be Medicaid eligible before	150052
that date for reasons unrelated to the amendments to, or repeal	150053
of, those sections. Unrelated reasons include acquiring income or	150054
assets exceeding eligibility limits and failure to comply with	150055
eligibility requirements.	150056

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	150057
MEDICAID ELIGIBILITY GROUPS	150058

The Medicaid Director may initiate, before January 1, 2014,	150059
the rule-making process to alter the eligibility requirements for,	150060
or to eliminate, one or more Medicaid optional eligibility groups	150061
or subgroups pursuant to section 5163.06 of the Revised Code.	150062
However, none of the rules may go into effect before that date.	150063

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

150064

As used in this section, "authorizing statute" means a	150065
Revised Code section or provision of a Revised Code section that	150066
is cited in the Ohio Administrative Code as the statute that	150067
authorizes the adoption of a rule.	150068

The Medicaid Director is not required to amend any rule for	150069
the sole purpose of updating the citation in the Ohio	150070
Administrative Code to the rule's authorizing statute to reflect	150071
that this act renumbers the authorizing statute or relocates it to	150072
another Revised Code section. Such citations shall be updated as	150073
the Director amends the rules for other purposes.	150074

Section 325.10. MED STATE MEDICAL BOARD

150075

General Services Fund Group	150076

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	150077
TOTAL GSF General Services							150078
Fund Group			$	9,172,062	$	9,172,062	150079
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	150080

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	150082
SERVICES	150083

General Revenue Fund	150084

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	150085
GRF	333402	Resident Trainees	$	450,000	$	450,000	150086
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	150087
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	150088
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	150089
GRF	334506	Court Costs	$	784,210	$	784,210	150090
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	150091
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	150092
GRF	335421	Continuum of Care Services	$	76,899,100	$	77,399,100	150093
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	150094
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	150095
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	150096
GRF	335507	Community Behavioral Health	$	50,000,000	$	50,000,000	150097
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	150098
TOTAL GRF General Revenue Fund			$	366,211,367	$	366,944,767	150099

General Services Fund Group	150100

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	150101
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	150102
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	150103
1500	334620	Special Education	$	150,000	$	150,000	150104
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	150105
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	150106
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	150107
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	150108

Federal Special Revenue Fund Group	150109

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	150110
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	150111
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	150112
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	150113
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	150114
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	150115
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	150116
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	150117
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	150118
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	150119
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	150120
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	150121
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	150122
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	150123
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	150124
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	150125
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	150126
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	150127
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	150128
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	150129
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	150130
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	150131

State Special Revenue Fund Group	150132

2320	333621	Family and Children First Administration	$	400,000	$	400,000	150133
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	150134
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	150135
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	150136
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	150137
6890	333640	Education and Conferences	$	150,000	$	150,000	150138
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	150139
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	150140
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	150141
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	150142
6320	335616	Community Capital Replacement	$	350,000	$	350,000	150143
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	150144
TOTAL ALL BUDGET FUND GROUPS			$	695,436,996	$	688,186,360	150145

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	150147
DEPARTMENTS	150148

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	150149
Revised Code, and any other provision of law to the contrary, on	150150
July 1, 2013, there is hereby created the Department of Mental	150151
Health and Addiction Services, which shall be administered by the	150152
Director of Mental Health and Addiction Services. The Director of	150153
Mental Health and Addiction Services shall be appointed by the	150154
Governor, with the advice and consent of the Senate, and shall	150155
hold office during the term of the appointing Governor, and is	150156
subject to removal at the pleasure of the Governor. The Director	150157
of Mental Health and Addiction Services is the executive head of	150158
the Department of Mental Health and Addiction Services. The	150159
Department of Alcohol and Drug Addiction Services and the	150160
Department of Mental Health shall be consolidated into the single	150161
Department of Mental Health and Addiction Services. All of the	150162
authority, functions, and assets and liabilities of the Department	150163
of Mental Health and the Department of Alcohol and Drug Addiction	150164
Services are transferred to the Department of Mental Health and	150165
Addiction Services. The Department of Mental Health and Addiction	150166
Services is thereupon and thereafter successor to, assumes the	150167
obligations of, and otherwise constitutes the continuation of the	150168
Department of Alcohol and Drug Addiction Services and the	150169
Department of Mental Health. The Director of Mental Health and	150170
Addiction Services assumes all of the duties, authorities, and	150171
responsibilities of the Director of Alcohol and Drug Addiction	150172
Services and the Director of Mental Health. Any action, license,	150173
or certification that was undertaken or issued by the Director of	150174
Alcohol and Drug Addiction Services or the Director of Mental	150175
Health that is current and valid on the effective date of the	150176
consolidation is deemed to be an action, license, or certification	150177
undertaken or issued by the Department of Mental Health and	150178
Addiction Services under the statute creating that Department.	150179

Any business commenced but not completed by July 1, 2013, by	150180
the Department of Mental Health or the Department of Alcohol and	150181
Drug Addiction Services shall be completed by the Department of	150182
Mental Health and Addiction Services. The business shall be	150183
completed in the same manner, and with the same effect, as if	150184
completed by the Department of Mental Health or by the Department	150185
of Alcohol and Drug Addiction Services prior to July 1, 2013.	150186

No validation, cure, right, privilege, remedy, obligation, or	150187
liability is lost or impaired by reason of this act's transfer of	150188
responsibility from the Department of Mental Health and the	150189
Department of Alcohol and Drug Addiction Services to the	150190
Department of Mental Health and Addiction Services. Each such	150191
validation, cure, right, remedy, obligation, or liability shall be	150192
administered by the Department of Mental Health and Addiction	150193
Services pursuant to the statute creating that department.	150194

All rules, orders, and determinations made or undertaken	150195
pursuant to the authority and responsibilities of the Department	150196
of Mental Health and the Department of Alcohol and Drug Addiction	150197
Services prior to July 1, 2013, shall continue in effect as rules,	150198
orders, and determinations of the Department of Mental Health and	150199
Addiction Services until modified or rescinded by the Department	150200
of Mental Health and Addiction Services. If necessary to ensure	150201
the integrity of the numbering system of the Administrative Code,	150202
the Director of the Legislative Service Commission shall renumber	150203
the rules to reflect the transfer of authority and responsibility	150204
to the Department of Mental Health and Addiction Services.	150205

Any action or proceeding that is related to the functions or	150206
duties of the Department of Mental Health or the Department of	150207
Alcohol and Drug Addiction Services pending on July 1, 2013, is	150208
not affected by the transfer of responsibility to the Department	150209
of Mental Health and Addiction Services and shall be prosecuted or	150210
defended in the name of the Department of Mental Health and	150211
Addiction Services. In all such actions and proceedings, the	150212
Department of Mental Health and Addiction Services, on application	150213
to the court, shall be substituted as a party.	150214

It is the intention of the Department of Mental Health and	150215
Addiction Services that community subsidies allocated or	150216
distributed by the department will be used to fund mental health	150217
and addiction services in largely the same proportion that such	150218
services were funded when allocated or distributed as separate	150219
funding streams through the separate Department of Mental Health	150220
or Department of Alcohol and Drug Addiction Services.	150221

All employees of the Department of Mental Health and the	150222
Department of Alcohol and Drug Addiction Services shall be	150223
employees of the Department of Mental Health and Addiction	150224
Services and shall serve in the positions previously held within	150225
their respective agencies unless the Department of Mental Health	150226
and Addiction Services determines otherwise. The merger of	150227
Department of Mental Health and Department of Alcohol and Drug	150228
Addiction Services shall not be deemed a transfer of employees	150229
pursuant to division (D)(3)(b) of section 124.11 of the Revised	150230
Code. Any unclassified employee of the Department of Mental Health	150231
and Addiction Services who held a right to resume a position	150232
within the classified service of his or her previous respective	150233
agency of the Department of Mental Health or the Department of	150234
Alcohol and Drug Addiction Services shall retain such a right	150235
subject to section 5119.18 of the Revised Code as may be amended.	150236

On July 1, 2013, or as soon as possible thereafter,	150237
notwithstanding any provision of law to the contrary, and if	150238
requested by the Department of Mental Health and Addiction	150239
Services, the Director of Budget and Management shall make budget	150240
changes made necessary by the consolidation, if any, including	150241
administrative organization, program transfers, the creation of	150242
new funds, the transfer of state funds, and the consolidation of	150243
funds, as authorized by this section. The Director of Budget and	150244
Management may make any transfer of cash balances between funds.	150245

On July 1, 2013, or as soon as possible thereafter, the	150246
Director of Mental Health and Addiction Services shall certify to	150247
the Director of Budget and Management all encumbrances held by the	150248
Department of Mental Health and the Department of Alcohol and Drug	150249
Addiction Services, and specify which of those encumbrances are	150250
requested to be transferred to the Department of Mental Health and	150251
Addiction Services. The Director of Budget and Management may	150252
cancel any existing encumbrances as certified by the Director of	150253
Mental Health and Addiction Services and re-establish them in the	150254
new agency. The re-established encumbrance amounts are hereby	150255
appropriated. Any business commenced but not completed with regard	150256
to the encumbrances certified shall be completed by the Department	150257
of Mental Health and Addiction Services in the same manner and	150258
with the same effect as if it were completed by the Department of	150259
Mental Health or the Department of Alcohol and Drug Addiction	150260
Services.	150261

Not later than 30 days after the transfer and consolidation	150262
of the operations and related management functions of the	150263
Department of Mental Health and the Department of Alcohol and Drug	150264
Addiction Services to the Department of Mental Health and	150265
Addiction Services, an authorized officer of the former Department	150266
of Mental Health and the former Department of Alcohol and Drug	150267
Addiction Services shall certify to the Director of Mental Health	150268
and Addiction Services the unexpended balance and location of any	150269
funds and accounts designated for building and facility operation	150270
and management functions, and the custody of such funds and	150271
accounts shall be transferred to the Department of Mental Health	150272
and Addiction Services.	150273

Effective July 1, 2013, the Director of Budget and Management	150274
shall cancel any existing encumbrances against appropriation item	150275
038616, Problem Gambling Services, and re-establish them against	150276
appropriation items 333641, Problem Gambling Services -	150277
Administration, and 335641, Problem Gambling Services. The	150278
re-established encumbrance amounts are hereby appropriated. Any	150279
business commenced but not completed under appropriation item	150280
038616 by July 1, 2013, shall be completed under appropriation	150281
items 333641 and 335641 in the same manner and with the same	150282
effect as if it were completed with regard to appropriation item	150283
038616.	150284

Effective July 1, 2013, the Director of Budget and Management	150285
shall cancel any existing encumbrances against appropriation item	150286
038614, Substance Abuse Block Grant, and re-establish them against	150287
appropriation items 333618, Substance Abuse Block Grant -	150288
Administration, and 335618, Substance Abuse Block Grant. The	150289
re-established encumbrance amounts are hereby appropriated. Any	150290
business commenced but not completed under appropriation item	150291
038614 by July 1, 2013, shall be completed under appropriation	150292
items 333618 and 335618 in the same manner and with the same	150293
effect as if it were completed with regard to appropriation item	150294
038614.	150295

Effective July 1, 2013, the Director of Budget and Management	150296
shall cancel any existing encumbrances against appropriation item	150297
038609, Demonstration Grants, and re-establish them against	150298
appropriation items 333606, Demonstration Grants - Administration,	150299
and 335606, Demonstration Grants. The re-established encumbrance	150300
amounts are hereby appropriated. Any business commenced but not	150301
completed under appropriation item 038609 by July 1, 2013, shall	150302
be completed under appropriation items 333606 and 335606 in the	150303
same manner and with the same effect as if it were completed with	150304
regard to appropriation item 038609.	150305

Effective July 1, 2013, the Director of Budget and Management	150306
shall cancel any existing encumbrances against appropriation item	150307
038621, Statewide Treatment and Prevention, and re-establish them	150308
against appropriation items 333623, Statewide Treatment and	150309
Prevention - Administration, and 335623, Statewide Treatment and	150310
Prevention. The re-established encumbrance amounts are hereby	150311
appropriated. Any business commenced but not completed under	150312
appropriation item 038621 by July 1, 2013, shall be completed	150313
under appropriation items 333623 and 335623 in the same manner and	150314
with the same effect as if it were completed with regard to	150315
appropriation item 038621.	150316

Effective July 1, 2013, the Director of Budget and Management	150317
shall cancel any existing encumbrances against appropriation item	150318
038629, Problem Gambling and Casino Addictions, and re-establish	150319
them against appropriation items 333629, Problem Gambling and	150320
Casino Addictions - Administration, and 335629, Problem Gambling	150321
and Casino Addictions. The re-established encumbrance amounts are	150322
hereby appropriated. Any business commenced but not completed	150323
under appropriation item 038629 by July 1, 2013, shall be	150324
completed under appropriation items 333629 and 335629 in the same	150325
manner and with the same effect as if it were completed with	150326
regard to appropriation item 038629.	150327

Effective July 1, 2013, the Director of Budget and Management	150328
shall cancel any existing encumbrances against appropriation item	150329
038611, Administrative Reimbursement, and re-establish them	150330
against appropriation item 333639, Administrative Reimbursement.	150331
The re-established encumbrance amounts are hereby appropriated.	150332
Any business commenced but not completed under appropriation item	150333
038611 by July 1, 2013, shall be completed under appropriation	150334
item 333639 in the same manner and with the same effect as if it	150335
were completed with regard to appropriation item 038611.	150336

Effective July 1, 2013, the Director of Budget and Management	150337
shall cancel any existing encumbrances against appropriation item	150338
335635, Community Medicaid Expansion, and re-establish them	150339
against appropriation item 652635, Community Medicaid Legacy	150340
Costs. The re-established encumbrance amounts are hereby	150341
appropriated. Any business commenced but not completed under	150342
appropriation item 335635 by July 1, 2013, shall be completed	150343
under appropriation item 652635 in the same manner and with the	150344
same effect as if it were completed with regard to appropriation	150345
item 335635.	150346

Effective July 1, 2013, the Director of Budget and Management	150347
shall cancel any existing encumbrances against appropriation item	150348
333635, Community Medicaid Expansion, and re-establish them	150349
against appropriation item 652636, Community Medicaid Legacy	150350
Support. The re-established encumbrance amounts are hereby	150351
appropriated. Any business commenced but not completed under	150352
appropriation item 333635 by July 1, 2013, shall be completed	150353
under appropriation item 652636 in the same manner and with the	150354
same effect as if it were completed with regard to appropriation	150355
item 333635.	150356

Effective July 1, 2013, the Director of Budget and Management	150357
shall cancel any existing encumbrances against appropriation item	150358
038610, Medicaid, and re-establish them against appropriation item	150359
652609, Medicaid Legacy Costs Support. The re-established	150360
encumbrance amounts are hereby appropriated. Any business	150361
commenced but not completed under appropriation item 038610 by	150362
July 1, 2013, shall be completed under appropriation item 652609	150363
in the same manner and with the same effect as if it were	150364
completed with regard to appropriation item 038610.	150365

Effective July 1, 2013, the Director of Budget and Management	150366
shall cancel any existing encumbrances against appropriation item	150367
038604, Education and Conferences, and re-establish them against	150368
appropriation item 333640, Education and Conferences. The	150369
re-established encumbrance amounts are hereby appropriated. Any	150370
business commenced but not completed under appropriation item	150371
038604 by July 1, 2013, shall be completed under appropriation	150372
item 333640 in the same manner and with the same effect as if it	150373
were completed with regard to appropriation item 038604.	150374

Effective July 1, 2013, the Director of Budget and Management	150375
shall cancel any existing encumbrances against appropriation item	150376
038401, Treatment Services, and re-establish them against	150377
appropriation items 335421, Continuum of Care Services, 335422,	150378
Criminal Justice Services, and 335406, Prevention and Wellness.	150379
The re-established encumbrance amounts are hereby appropriated.	150380
Any business commenced but not completed under appropriation item	150381
038401 by July 1, 2013, shall be completed under appropriation	150382
items 335421, 335422, and 335406 in the same manner and with the	150383
same effect as if it were completed with regard to appropriation	150384
item 038401.	150385

Effective July 1, 2013, the Director of Budget and Management	150386
shall cancel any existing encumbrances against appropriation item	150387
335419, Community Medication Subsidy, and re-establish them	150388
against appropriation item 335421, Continuum of Care Services. The	150389
re-established encumbrance amounts are hereby appropriated. Any	150390
business commenced but not completed under appropriation item	150391
335419 by July 1, 2013, shall be completed under appropriation	150392
item 335421 in the same manner and with the same effect as if it	150393
were completed with regard to appropriation item 335419.	150394

Effective July 1, 2013, the Director of Budget and Management	150395
shall cancel any existing encumbrances against appropriation item	150396
335505, Local Mental Health Systems of Care, and re-establish them	150397
against appropriation item 335421, Continuum of Care Services. The	150398
re-established encumbrance amounts are hereby appropriated. Any	150399
business commenced but not completed under appropriation item	150400
335505 by July 1, 2013, shall be completed under appropriation	150401
item 335421 in the same manner and with the same effect as if it	150402
were completed with regard to appropriation item 335505.	150403

Effective July 1, 2013, the Director of Budget and Management	150404
shall cancel any existing encumbrances against appropriation item	150405
332401, Forensic Services, and re-establish them against	150406
appropriation item 335422, Criminal Justice Services. The	150407
re-established encumbrance amounts are hereby appropriated. Any	150408
business commenced but not completed under appropriation item	150409
332401 by July 1, 2013, shall be completed under appropriation	150410
item 335422 in the same manner and with the same effect as if it	150411
were completed with regard to appropriation item 332401.	150412

Effective July 1, 2013, the Director of Budget and Management	150413
shall cancel any existing encumbrances against appropriation item	150414
333403, Pre-Admission Screening Expenses, and re-establish them	150415
against appropriation item 652507, Medicaid Support. The	150416
re-established encumbrance amounts are hereby appropriated. Any	150417
business commenced but not completed under appropriation item	150418
333403 by July 1, 2013, shall be completed under appropriation	150419
item 652507 in the same manner and with the same effect as if it	150420
were completed with regard to appropriation item 333403.	150421

Effective July 1, 2013, the Director of Budget and Management	150422
shall cancel any existing encumbrances against appropriation item	150423
038900, Indigent Drivers Alcohol Treatment, and re-establish them	150424
against appropriation item 335900, Indigent Drivers Alcohol	150425
Treatment. The re-established encumbrance amounts are hereby	150426
appropriated. Any business commenced but not completed under	150427
appropriation item 038900 by July 1, 2013, shall be completed	150428
under appropriation item 335900 in the same manner and with the	150429
same effect as if it were completed with regard to appropriation	150430
item 038900.	150431

Effective July 1, 2013, the Director of Budget and Management	150432
shall cancel any existing encumbrances against appropriation item	150433
038404, Prevention Services, and re-establish them against	150434
appropriation item 335406, Prevention and Wellness. The	150435
re-established encumbrance amounts are hereby appropriated. Any	150436
business commenced but not completed under appropriation item	150437
038404 by July 1, 2013, shall be completed under appropriation	150438
item 335406 in the same manner and with the same effect as if it	150439
were completed with regard to appropriation item 038404.	150440

Section 327.20.10. Effective July 1, 2013, the Director of	150441
Mental Health and Addiction Services, with respect to all mental	150442
health and addiction facilities and services established and	150443
operated or provided under Chapter 340. of the Revised Code shall	150444
do all of the following:	150445

(A) To the extent the Director determines necessary, and	150446
after consultation with the boards of alcohol, drug addiction, and	150447
mental health services, develop and operate, or contract for the	150448
operation of, a community behavioral health information system or	150449
systems, and shall specify the information that must be provided	150450
by boards of alcohol, drug addiction, and mental health services	150451
for inclusion in the system or systems, which may include	150452
information on services provided in whole or in part under	150453
contract with a board, financial information regarding	150454
expenditures of federal, state, or local funds by boards, and	150455
information about persons served under contract with a board.	150456

(B)(1) Receive and review each board's community mental	150457
health and addiction services plan, budget, and statement of	150458
services to be made available, and approve or disapprove the plan,	150459
budget, and statement of services in whole or in part.	150460

(2) The Department may withhold all or part of the funds	150461
allocated to a board if it disapproves all or part of a plan,	150462
budget, or statement of service.	150463

(3) Prior to a final decision to disapprove a plan, budget,	150464
or statement of services, or to withhold funds from a board, a	150465
representative of the Director shall meet with the board to	150466
discuss the reasons for the action and any corrective action that	150467
should be taken to make the plan, budget, or statement of services	150468
acceptable, and give the board a reasonable time in which to	150469
revise the plan, budget, or statement of services.	150470

(C) Establish procedures for the review of plans, budgets,	150471
and statements of services, and a timetable for submission and	150472
review. Boards of alcohol, drug addiction, and mental health	150473
services shall submit to the Department of Mental Health and	150474
Addiction Services the information, plans, budgets, and statements	150475
of services described above in accordance with the guidance or	150476
directives of the Department or Director. After notifying and	150477
consulting with relevant constituents, the Department of Mental	150478
Health and Addiction Services shall establish a methodology for	150479
allocating to boards of alcohol, drug addiction, and mental health	150480
services the funds appropriated by the General Assembly to the	150481
Department for the purpose of local mental health and addiction	150482
services continuums of care. Subject to existing provisions of law	150483
that permit the Director to withhold funds from boards of alcohol,	150484
drug addiction, and mental health services for failure to comply	150485
with applicable sections of law, or for discriminating in making	150486
services available, and subject to a board's submission and	150487
approval of the required plan, budget, and statement of services	150488
described above, the Department shall allocate the funds to the	150489
boards in a manner consistent with the methodology and state and	150490
federal laws, rules, and regulations.	150491

Portions of appropriation items 333609, Central Office	150492
Operating, 333606, Demonstration Grants - Administration, 333612,	150493
Social Services Block Grant - Administration, 333613, Federal	150494
Grants - Administration, 333614, Mental Health Block Grant -	150495
Administration, 333618, Substance Abuse Block Grant -	150496
Administration, 333623, Statewide Treatment and Prevention -	150497
Administration, 333629, Problem Gambling and Casino Addictions -	150498
Administration, 333608, Federal Miscellaneous - Administration,	150499
333641, Problem Gambling Services - Administration, 335406,	150500
Prevention and Wellness, 335421, Continuum of Care Services,	150501
335422, Criminal Justice Services, 335604, Community Mental Health	150502
Projects, 335606, Demonstration Grants, 335612, Social Services	150503
Block Grant, 335613, Federal Grant - Community Mental Health	150504
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	150505
Health Care, 335618, Substance Abuse Block Grant, 335623,	150506
Statewide Treatment and Prevention, 335629, Problem Gambling and	150507
Casino Addictions, 335638, Race to the Top - Early Learning	150508
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	150509
may be used to pay for the Department and board functions	150510
enumerated above.	150511

Section 327.20.20. (A) Effective July 1, 2013, all records	150512
and reports, other than court journal entries or court docket	150513
entries, identifying a person and pertaining to the person's	150514
mental health condition, assessment, provision of care or	150515
treatment, or payment for assessment, care, or treatment that are	150516
maintained in connection with any services certified by the	150517
Department of Mental Health and Addiction Services, or any	150518
hospitals or facilities licensed or operated by the Department,	150519
shall be kept confidential and shall not be disclosed by any	150520
person, with the following exceptions:	150521

(1) If the person identified, or the person's legal guardian,	150522
if any, or if the person is a minor, the person's parent or legal	150523
guardian, consents.	150524

(2) When disclosure is provided for in Chapters 340., 5119.,	150525
or 5122., or in Title 47 of the Revised Code.	150526

(3) Hospitals, boards of alcohol, drug addiction, and mental	150527
health services, licensed facilities, and community mental health	150528
services providers may release necessary information to insurers	150529
and other third-party payers, including government entities	150530
responsible for processing and authorizing payment, to obtain	150531
payment for goods and services furnished to the person.	150532

(4) Pursuant to a court order signed by a judge;

150533

(5) A person shall be granted access to the person's own	150534
psychiatric and medical records unless access specifically is	150535
restricted in a person's treatment plan for clear treatment	150536
reasons.	150537

(6) The Department of Mental Health and Addiction Services	150538
may exchange psychiatric records and other pertinent information	150539
with community mental health services providers and boards of	150540
alcohol, drug addiction, and mental health services relating to	150541
the person's care or services. Records and information that may be	150542
exchanged pursuant to this division shall be limited to medication	150543
history, physical health status and history, financial status,	150544
summary of course of treatment, summary of treatment needs, and a	150545
discharge summary, if any.	150546

(7) The Department of Mental Health and Addiction Services,	150547
hospitals, and community providers operated by the Department,	150548
hospitals licensed by the Department under section 5119.20	150549
(5119.33) of the Revised Code and community mental health services	150550
providers may exchange psychiatric records and other pertinent	150551
information with payers and other providers of treatment and	150552
health services if the purpose of the exchange is to facilitate	150553
continuity of care for the person or for the emergency treatment	150554
of the person.	150555

(8) The Department of Mental Health and Addiction Services	150556
and community mental health services providers may exchange	150557
psychiatric records and other pertinent information with boards of	150558
alcohol, drug addiction, and mental health services for purposes	150559
of any board function set forth in Chapter 340. of the Revised	150560
Code. Boards of alcohol, drug addiction, and mental health	150561
services shall not access or use any personal information from the	150562
Department or providers except as required or permitted by this	150563
section, or Chapters 340. and 5122. of the Revised Code for	150564
purposes related to payment, care coordination, health care	150565
operations, program and service evaluation, reporting activities,	150566
research, system administration, oversight, or other authorized	150567
purposes.	150568

(9) A person's family member who is involved in the	150569
provision, planning, and monitoring of services to the person may	150570
receive medication information, a summary of the person's	150571
diagnosis and prognosis, and a list of the services and personnel	150572
available to assist the person and the person's family, if the	150573
person's treatment provider determines that the disclosure would	150574
be in the best interests of the person. No such disclosure shall	150575
be made unless the person is notified first and receives the	150576
information and does not object to the disclosure.	150577

(10) Community mental health services providers may exchange	150578
psychiatric records and certain other information with the board	150579
of alcohol, drug addiction, and mental health services and other	150580
providers in order to provide services to a person involuntarily	150581
committed to a board. Release of records under this division shall	150582
be limited to medication history, physical health status and	150583
history, financial status, summary of course of treatment, summary	150584
of treatment needs, and discharge summary, if any.	150585

(11) Information may be disclosed to the executor or the	150586
administrator of an estate of a deceased person when the	150587
information is necessary to administer the estate.	150588

(12) Information may be disclosed to staff members of the	150589
appropriate board or to staff members designated by the Director	150590
of Mental Health and Addiction Services for the purpose of	150591
evaluating the quality, effectiveness, and efficiency of services	150592
and determining if the services meet minimum standards.	150593
Information obtained during such evaluations shall not be retained	150594
with the name of any person.	150595

(13) Records pertaining to the person's diagnosis, course of	150596
treatment, treatment needs, and prognosis shall be disclosed and	150597
released to the appropriate prosecuting attorney if the person was	150598
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	150599
or 2945.402 of the Revised Code, or to the attorney designated by	150600
the board for proceedings pursuant to involuntary commitment under	150601
Chapter 5122. of the Revised Code.	150602

(14) The Department of Mental Health and Addiction Services	150603
may exchange psychiatric hospitalization records, other mental	150604
health treatment records, and other pertinent information with the	150605
Department of Rehabilitation and Correction and with the	150606
Department of Youth Services to ensure continuity of care for	150607
inmates and offenders who are receiving mental health services in	150608
an institution of the Department of Rehabilitation and Correction	150609
or the Department of Youth Services and may exchange psychiatric	150610
hospitalization records, other mental health treatment records,	150611
and other pertinent information with boards of alcohol, drug	150612
addiction, and mental health services and community mental health	150613
services providers to ensure continuity of care for inmates or	150614
offenders who are receiving mental health services in an	150615
institution and are scheduled for release within six months. The	150616
release of records under this division is limited to records	150617
regarding an inmate's or offender's medication history, physical	150618
health status and history, summary of course of treatment, summary	150619
of treatment needs, and a discharge summary, if any.	150620

(15) A community mental health services provider that ceases	150621
to operate may transfer to either a community mental health	150622
services provider that assumes its caseload or to the board of	150623
alcohol, drug addiction, and mental health services of the service	150624
district in which the person resided at the time services were	150625
most recently provided any treatment records that have not been	150626
transferred elsewhere at the person's request.	150627

(B) Before records are disclosed pursuant to divisions	150628
(A)(3), (6), or (10) of this section, the custodian of the records	150629
shall attempt to obtain the consent of the person in question for	150630
the disclosure.	150631

(C) No person shall reveal the content of a medical record of	150632
a person except as authorized by the law.	150633

(D) Portions of appropriation items 333321, Central	150634
Administration, 333416, Research Program Evaluation, 333605,	150635
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	150636
Administration, 333608, Federal Miscellaneous - Administration,	150637
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	150638
333612, Social Services Block Grant - Administration, 333613,	150639
Federal Grants - Administration, 333614, Mental Health Block Grant	150640
- Administration, 333618, Substance Abuse Block Grant -	150641
Administration, 333621, Family and Children First Administration,	150642
333623, Statewide Treatment and Prevention - Administration,	150643
333629, Problem Gambling and Casino Addictions - Administration,	150644
333632, Mental Health Operating - Refunds, 333608, Federal	150645
Miscellaneous - Administration, 333640, Education and Conferences,	150646
333641, Problem Gambling Services - Administration, 333639,	150647
Administrative Reimbursement, 334605, Medicaid/Medicare -	150648
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	150649
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	150650
334620, Special Education, 334632, Mental Health Operating -	150651
Hospitals, 335405, Family and Children First, 335406, Prevention	150652
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	150653
Justice Services, 335604, Community Mental Health Projects,	150654
335506, Residential State Supplement, 335608, Federal	150655
Miscellaneous, 335606, Demonstration Grants, 335612, Social	150656
Services Block Grant, 335613, Federal Grant - Community Mental	150657
Health Subsidy, 335614, Mental Health Block Grant, 335615,	150658
Behavioral Health Care, 335618, Substance Abuse Block Grant,	150659
335623, Statewide Treatment and Prevention, 335629, Problem	150660
Gambling and Casino Addictions, 335638, Race to the Top - Early	150661
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	150662
Treatment, 336601, Office of Support Services, 652609, Medicaid	150663
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	150664
652636, Community Medicaid Legacy Support, may be used to pay for	150665
the Department and community mental health system functions that	150666
operate under the confidentiality provisions enumerated above.	150667

Section 327.20.30. Effective July 1, 2013, the Director of	150668
Mental Health and Addiction Services may adopt rules pursuant to	150669
Chapter 119. of the Revised Code governing licensure and operation	150670
of residential facilities, that include procedures for conducting	150671
criminal records checks for operators, employees, and volunteers	150672
who have direct access to facility residents.	150673

Portions of appropriation items 334506, Court Costs, 335406,	150674
Prevention and Wellness, 335421, Continuum of Care Services,	150675
335614, Mental Health Block Grant, 335506, Residential State	150676
Supplement, 335615, Behavioral Health Care, 335618, Substance	150677
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	150678
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	150679
these regulated activities.	150680

Section 327.20.40. Effective July 1, 2013, to the extent	150681
funds are available and on application of boards of alcohol, drug	150682
addiction, and mental health services, the Director of Mental	150683
Health and Addiction Services may approve state reimbursement of,	150684
or state grants for, community construction programs, including	150685
residential housing for severely mentally disabled persons and	150686
persons with substance use disorders. The Director may also	150687
approve an application for reimbursement or a grant for such	150688
programs submitted by other governmental entities or by private,	150689
nonprofit organizations after the board of alcohol, drug	150690
addiction, and mental health services has reviewed and approved	150691
the application and the application is consistent with the plan,	150692
budget, and statement of services submitted to and approved by the	150693
Department. The Director shall adopt rules in accordance with	150694
Chapter 119. of the Revised Code that specify procedures for	150695
applying for state reimbursement and for state grants for	150696
community construction programs, including residential housing for	150697
severely mentally disabled persons and persons with substance use	150698
disorders.	150699

Portions of appropriation item 335616, Community Capital	150700
Replacement, may be used to pay for the Department functions	150701
enumerated above.	150702

Section 327.20.50. Effective July 1, 2013, the Department of	150703
Mental Health and Addiction Services shall collect information	150704
about services delivered and persons served as required for	150705
reporting and evaluation relating to state and federal funds	150706
expended for such purposes. No alcohol, drug addiction, or mental	150707
health program, agency, or services provider shall fail to supply	150708
statistics or other information within its knowledge and with	150709
respect to its programs or services upon the request of the	150710
department.	150711

Portions of appropriation items 333321, Central	150712
Administration, 333609 Central Office Operating, 333606,	150713
Demonstration Grants - Administration, 333612, Social Services	150714
Block Grant - Administration, 333613, Federal Grants -	150715
Administration, 333614, Mental Health Block Grant -	150716
Administration, 333618, Substance Abuse Block Grant -	150717
Administration, 333623, Statewide Treatment and Prevention -	150718
Administration, 333629, Problem Gambling and Casino Addictions -	150719
Administration, 333608, Federal Miscellaneous - Administration,	150720
333641, Problem Gambling Services - Administration, 335406,	150721
Prevention and Wellness, 335421, Continuum of Care Services,	150722
335422, Criminal Justice Services, 335604, Community Mental Health	150723
Projects, 335606, Demonstration Grants, 335612, Social Services	150724
Block Grant, 335613, Federal Grant - Community Mental Health	150725
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	150726
Health Care, 335618, Substance Abuse Block Grant, 335623,	150727
Statewide Treatment and Prevention, 335629, Problem Gambling and	150728
Casino Addictions, 335638, Race to the Top - Early Learning	150729
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	150730
652609, Medicaid Legacy Costs Support, and 652636, Community	150731
Medicaid Legacy Support, may be used to pay for the Department	150732
information collection and reporting functions enumerated above.	150733

Section 327.20.60. The Department of Mental Health and	150734
Addiction Services shall administer specified Medicaid services as	150735
delegated by the State's single agency responsible for the	150736
Medicaid program. Effective July 1, 2013, the Department shall use	150737
appropriation item 652507, Medicaid Support, to fund the	150738
Medicaid-related services and supports performed by the	150739
Department.	150740

Section 327.30. RESIDENT TRAINEES

150741

The foregoing appropriation item 333402, Resident Trainees,	150742
shall be used to fund training agreements entered into by the	150743
Director of Mental Health and Addiction Services for the	150744
development of curricula and the provision of training programs to	150745
support public mental health services.	150746

Section 327.40. LEASE-RENTAL PAYMENTS

150747

The foregoing appropriation item 333415, Lease-Rental	150748
Payments, shall be used to meet all payments at the times they are	150749
required to be made during the period from July 1, 2013, through	150750
June 30, 2015, by the Department of Mental Health and Addiction	150751
Services under leases and agreements made under section 154.20 of	150752
the Revised Code. These appropriations are the source of funds	150753
pledged for bond service charges on obligations issued pursuant to	150754
Chapter 154. of the Revised Code.	150755

Section 327.50. HOSPITAL SERVICES

150756

The foregoing appropriation item 334412, Hospital Services,	150757
shall be used for the operation of the State Regional Psychiatric	150758
Hospitals, including, but not limited to, all aspects involving	150759
civil and forensic commitment, treatment, and discharge as	150760
determined by the Director of Mental Health and Addiction	150761
Services. A portion of this appropriation may be used by the	150762
Department of Mental Health and Addiction Services to create,	150763
purchase, or contract for the custody, supervision, control, and	150764
treatment of persons committed to the Department of Mental Health	150765
and Addiction Services in other clinically appropriate	150766
environments, consistent with public safety.	150767

Section 327.60. CONTINUUM OF CARE SERVICES

150768

The foregoing appropriation item 335421, Continuum of Care	150769
Services, shall be used as follows:	150770

(A) A portion of this appropriation shall be allocated to	150771
community alcohol, drug addiction, and mental health services	150772
boards in accordance with a distribution methodology determined by	150773
the Director of Mental Health and Addiction Services:	150774

(1) For the boards to purchase mental health and addiction	150775
services permitted under Chapter 340. of the Revised Code;	150776

(2) To provide subsidized support for psychotropic medication	150777
needs of indigent citizens in the community to reduce unnecessary	150778
hospitalization due to lack of medication; and	150779

(3) To provide subsidized support for medication assisted	150780
treatment costs.	150781

(B) A portion of this appropriation may be distributed to	150782
community alcohol, drug addiction, and mental health services	150783
boards, community addiction and/or mental health services	150784
providers, courts, or other governmental entities to provide	150785
specific grants in support of mental health and addiction services	150786
initiatives.	150787

(C) In fiscal year 2014 $250,000 and in fiscal year 2015	150788
$750,000 shall be allocated to the Human Trafficking Center at The	150789
Ohio State University. The Center shall use the funds to	150790
investigate all aspects of human trafficking, including research,	150791
training, and direct services for victims. The Center shall do all	150792
of the following:	150793

(1) Provide research opportunities in areas affecting human	150794
trafficking, including topics such as socioeconomic, political,	150795
and cultural factors involved in human trafficking;	150796

(2) Develop assessments and other tools to help human	150797
trafficking victims or service providers, including online	150798
training courses for law enforcement and social and medical	150799
service personnel on how best to identify and treat victims of	150800
human trafficking;	150801

(3) Offer internships, clinical hours, and other training	150802
opportunities for undergraduate and graduate students;	150803

(4) Provide direct services and care for victims of human	150804
trafficking; and	150805

(5) Collaborate with community affiliates and other	150806
institutions of higher education engaged in human trafficking	150807
research, training, and direct victim services.	150808

(D) $250,000 in each fiscal year shall be allocated to the	150809
Geauga County Board of Mental Health and Recovery Services to	150810
support the Chardon Pilot Program. The Chardon Pilot Program shall	150811
support the behavioral health needs of the Chardon community. The	150812
board shall distribute $175,250 of these funds in fiscal year 2014	150813
and $162,250 of these funds in fiscal year 2015 to the Chardon	150814
school district to be used for program-related activities. The	150815
Department of Mental Health and Addiction Services shall submit a	150816
report to the General Assembly in accordance with section 101.68	150817
of the Revised Code regarding the performance of the program by	150818
September 30, 2015.	150819

Section 327.70. CRIMINAL JUSTICE SERVICES

150820

The foregoing appropriation item 335422, Criminal Justice	150821
Services, shall be used to provide forensic psychiatric	150822
evaluations to courts of common pleas and to conduct evaluations	150823
of patients of forensic status in facilities operated or	150824
designated by the Department of Mental Health and Addiction	150825
Services prior to conditional release to the community. A portion	150826
of this appropriation may be allocated through community alcohol,	150827
drug addiction, and mental health services boards to community	150828
addiction and/or mental health services providers in accordance	150829
with a distribution methodology as determined by the Director of	150830
Mental Health and Addiction Services.	150831

Appropriation item 335422, Criminal Justice Services, may	150832
also be used to:	150833

(A) Provide forensic monitoring and tracking of individuals	150834
on conditional release;	150835

(B) Provide forensic training;

150836

(C) Support projects that assist courts and law enforcement	150837
to identify and develop appropriate alternative services to	150838
incarceration for nonviolent mentally ill offenders;	150839

(D) Provide specialized re-entry services to offenders	150840
leaving prisons and jails;	150841

(E) Provide specific grants in support of addiction services	150842
alternatives to incarceration;	150843

(F) Support specialty dockets; and

150844

(G) Support therapeutic communities.

150845

Section 327.80. COMMUNITY INNOVATIONS

150846

The foregoing appropriation item 335504, Community	150847
Innovations, may be used by the Department of Mental Health and	150848
Addiction Services to make targeted investments in programs,	150849
projects, or systems operated by or under the authority of other	150850
state agencies, governmental entities, or private not-for-profit	150851
agencies that impact, or are impacted by, the operations and	150852
functions of the Department, with the goal of achieving a net	150853
reduction in expenditure of state general revenue funds and/or	150854
improved outcomes for Ohio citizens without a net increase in	150855
state general revenue fund spending.	150856

The Director shall identify and evaluate programs, projects,	150857
or systems proposed or operated, in whole or in part, outside of	150858
the authority of the Department, where targeted investment of	150859
these funds in the program, project, or system is expected to	150860
decrease demand for the Department or other resources funded with	150861
state general revenue funds, and/or to measurably improve outcomes	150862
for Ohio citizens with mental illness or with alcohol, drug, or	150863
gambling addictions. The Director shall have discretion to	150864
transfer money from the appropriation item to other state	150865
agencies, governmental entities, or private not-for-profit	150866
agencies in amounts, and subject to conditions, that the Director	150867
determines most likely to achieve state savings and/or improved	150868
outcomes. Distribution of moneys from this appropriation item	150869
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	150870
the Revised Code.	150871

The Department shall enter into an agreement with each	150872
recipient of community innovation funds, identifying: allowable	150873
expenditure of the funds; other commitment of funds or other	150874
resources to the program, project, or system; expected state	150875
savings and/or improved outcomes and proposed mechanisms for	150876
measurement of such savings or outcomes; and required reporting	150877
regarding expenditure of funds and savings or outcomes achieved.	150878

The foregoing appropriation item 335504, Community	150879
Innovations, may also be used by the Department to make payments	150880
to the Opportunities for Ohioans with Disabilities Agency for	150881
vocational rehabilitation services to individuals receiving mental	150882
health or addiction services paid for with public dollars.	150883

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

150884

Of the foregoing appropriation item 335507, Community	150885
Behavioral Health, $30,000,000 in each fiscal year shall be	150886
allocated to community alcohol, drug addiction, and mental health	150887
services boards to provide mental health services.	150888

Of the foregoing appropriation item 335507, Community	150889
Behavioral Health, $20,000,000 in each fiscal year shall be	150890
allocated to community alcohol, drug addiction, and mental health	150891
services boards to be used for addiction services including	150892
medication, treatment programs, and counseling. Of this amount, at	150893
least fifty per cent shall be used for drug treatment using	150894
non-opiate drugs.	150895

Section 327.90. COMMUNITY OPERATING/PLANNING

150896

Appropriation item 335609, Community Operating/Planning, may	150897
be used by the Department of Mental Health and Addiction Services	150898
to make payments to the Opportunities for Ohioans with	150899
Disabilities Agency for vocational rehabilitation services to	150900
individuals receiving mental health or addiction services paid for	150901
with public dollars.	150902

In addition, appropriation item 335609, Community	150903
Operating/Planning, may be used by the Department to make	150904
incentive payments to operators of residential facilities that are	150905
licensed by the Department of Mental Health and Addiction Services	150906
and provide accommodations and personal care services for one or	150907
two unrelated adults or accommodations, supervision, and personal	150908
care services for three to sixteen unrelated adults. The incentive	150909
payments shall be granted based upon operators demonstrating	150910
linkage between their facilities' residents and community	150911
resources, based on the residents' needs including, but not	150912
limited to, aged, mental health, and physical health issues. The	150913
financial incentive shall be used to support community living for	150914
individuals with a disability or who are aged, and to assist with	150915
costs arising from facility operations.	150916

Appropriation item 335609, Community Operating/Planning, may	150917
also be used by the Department to support non-Medicaid program	150918
costs for individuals moving into community settings.	150919

Section 327.93. PROBLEM GAMBLING AND CASINO ADDICTIONS

150920

A portion of appropriation item 335629, Problem Gambling and	150921
Casino Addictions, shall be allocated to boards of alcohol, drug	150922
addiction, and mental health services in accordance with a	150923
distribution methodology determined by the Director of Mental	150924
Health and Addiction Services.	150925

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

150926

(A) As used in this section:

150927

(1) "Residential facility" means a facility licensed by the	150928
Department of Mental Health and Addiction Services under section	150929
5119.34 of the Revised Code.	150930

(2) "Residential care facility" means a facility licensed by	150931
the Director of Health under Chapter 3721. of the Revised Code or	150932
by a political subdivision certified under section 3721.09 of the	150933
Revised Code.	150934

(B) The foregoing appropriation item 335506, Residential	150935
State Supplement, may be used by the Department of Mental Health	150936
and Addiction Services to provide training for residential	150937
facilities providing accommodations, supervision, and personal	150938
care services to three to sixteen unrelated adults with mental	150939
illness, to transfer cash to the Nursing Home Franchise Permit Fee	150940
Fund (Fund 5R20) used by the Department of Job and Family	150941
Services, and to make benefit payments to residential state	150942
supplement recipients.	150943

(C) Under the Residential State Supplement Program, the	150944
amount used to determine whether a resident is eligible for	150945
payment, and for determining the amount per month the eligible	150946
resident will receive, shall be as follows:	150947

(1) $927 for a residential care facility;

150948

(2) $927 for a residential facility that provides	150949
accommodations, supervision, and personal care services for six to	150950
sixteen unrelated adults as described in section 5119.34 of the	150951
Revised Code;	150952

(3) $824 for a residential facility that provides	150953
accommodations, supervision, and personal care services for one or	150954
two unrelated adults as described in division (A)(9)(b)(ii) of	150955
section 5119.34 of the Revised Code;	150956

(4) $824 for a residential facility providing accommodations,	150957
supervision, and personal care services to three to five unrelated	150958
adults, as described in section 5119.34 of the Revised Code;	150959

(5) $824 for a residential facility that provides	150960
accommodations, supervision, and personal care services for one or	150961
two unrelated persons with mental illness or persons with severe	150962
mental disabilities who are referred by or are receiving mental	150963
health services from a community mental health services provider	150964
or a hospital, as described in division (A)(9)(b)(i) of section	150965
5119.34 of the Revised Code;	150966

(6) $618 for community mental health housing services, as	150967
described in division (D)(1)(c) of section 5119.41 of the Revised	150968
Code.	150969

The Department of Mental Health and Addiction Services shall	150970
reflect these amounts in any applicable rules the Department	150971
adopts under section 5119.41 of the Revised Code.	150972

(D) The Department of Mental Health and Addiction Services	150973
shall, with the input of stakeholders and impacted state agencies,	150974
conduct a review of the state and federal rules and statutes	150975
governing the Residential State Supplement Program and report on	150976
potential improvements to be made in governing the program not	150977
later than January 1, 2014.	150978

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	150979
POOL	150980

A county family and children first council may establish and	150981
operate a flexible funding pool in order to assure access to	150982
needed services by families, children, and older adults in need of	150983
protective services. The operation of the flexible funding pools	150984
shall be subject to the following restrictions:	150985

(A) The county council shall establish and operate the	150986
flexible funding pool in accordance with formal guidance issued by	150987
the Family and Children First Cabinet Council;	150988

(B) The county council shall produce an annual report on its	150989
use of the pooled funds. The annual report shall conform to a	150990
format prescribed in the formal guidance issued by the Family and	150991
Children First Cabinet Council;	150992

(C) Unless otherwise restricted, funds transferred to the	150993
flexible funding pool may include state general revenues allocated	150994
to local entities to support the provision of services to families	150995
and children;	150996

(D) The amounts transferred to the flexible funding pool	150997
shall be limited to amounts that can be redirected without	150998
impairing the achievement of the objectives for which the initial	150999
allocation is designated; and	151000

(E) Each amount transferred to the flexible funding pool from	151001
a specific allocation shall be approved for transfer by the	151002
director of the local agency that was the original recipient of	151003
the allocation.	151004

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

151005

General Revenue Fund	151006

GRF	149321	Operating Expenses	$	581,490	$	591,615	151007
GRF	149501	Minority Health Grants	$	889,100	$	878,975	151008
GRF	149502	Lupus Program	$	110,047	$	110,047	151009
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	151010

Federal Special Revenue Fund Group	151011

3J90	149602	Federal Grants	$	140,000	$	140,000	151012
TOTAL FED Federal Special Revenue							151013
Fund Group			$	140,000	$	140,000	151014

State Special Revenue Fund Group	151015

4C20	149601	Minority Health Conference	$	25,000	$	25,000	151016
TOTAL SSR State Special Revenue							151017
Fund Group			$	25,000	$	25,000	151018
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	151019

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

151021

General Services Fund Group	151022

4K90	865601	Operating Expenses	$	487,592	$	484,292	151023
TOTAL GSF General Services							151024
Fund Group			$	487,592	$	484,292	151025
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	151026

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

151028

General Revenue Fund	151029

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	151030
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	151031
GRF	725456	Canal Lands	$	135,000	$	135,000	151032
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	151033
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	151034
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	151035
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	151036
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	151037
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	151038
GRF	729321	Office of Information Technology	$	177,405	$	177,405	151039
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	151040
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	151041
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	151042
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	151043
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	151044
TOTAL GRF General Revenue Fund			$	98,280,489	$	101,568,536	151045

General Services Fund Group	151046

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	151047
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	151048
2040	725687	Information Services	$	5,179,097	$	5,288,168	151049
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	151050
2070	725690	Real Estate Services	$	50,000	$	50,000	151051
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	151052
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	151053
4300	725671	Canal Lands	$	883,879	$	883,879	151054
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	151055
4X80	725662	Water Resources Council	$	138,005	$	138,005	151056
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	151057
5160	725620	Water Management	$	2,559,292	$	2,559,292	151058
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	151059
6970	725670	Submerged Lands	$	852,982	$	869,145	151060
TOTAL GSF General Services							151061
Fund Group			$	25,457,857	$	25,451,293	151062

Federal Special Revenue Fund Group	151063

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	151064
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	151065
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	151066
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	151067
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	151068
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	151069
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	151070
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	151071
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	151072
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	151073
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	151074
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	151075
TOTAL FED Federal Special Revenue							151076
Fund Group			$	28,386,819	$	28,048,201	151077

State Special Revenue Fund Group	151078

4J20	725628	Injection Well Review	$	128,466	$	128,466	151079
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	151080
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	151081
5090	725602	State Forest	$	6,873,330	$	6,880,158	151082
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	151083
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	151084
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	151085
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	151086
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	151087
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	151088
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	151089
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	151090
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	151091
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	151092
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	151093
5B30	725674	Mining Regulation	$	28,135	$	28,135	151094
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	151095
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	151096
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	151097
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	151098
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	151099
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	151100
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	151101
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	151102
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	151103
5MW0	725604	Natural Resources Special Purposes	$	9,000,000	$	6,000,000	151104
6150	725661	Dam Safety	$	943,517	$	943,517	151105
TOTAL SSR State Special Revenue							151106
Fund Group			$	78,965,753	$	77,089,464	151107

Clean Ohio Conservation Fund Group	151108

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		151109
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		151110

Wildlife Fund Group	151111

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	151112
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	151113
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	151114
8160	725649	Wetlands Habitat	$	966,885	$	966,885	151115
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	151116
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	151117
8190	725685	Ohio River Management	$	203,584	$	203,584	151118
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	151119
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	151120

Waterways Safety Fund Group	151121

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	151122
7086	725418	Buoy Placement	$	52,182	$	52,182	151123
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	151124
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	151125
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	151126
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	151127
TOTAL WSF Waterways Safety Fund							151128
Group			$	26,276,019	$	26,106,019	151129

Accrued Leave Liability Fund Group	151130

4M80	725675	FOP Contract	$	20,219	$	20,219	151131
TOTAL ALF Accrued Leave							151132
Liability Fund Group			$	20,219	$	20,219	151133

Holding Account Redistribution Fund Group	151134

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	151135
R043	725624	Forestry	$	2,100,000	$	2,100,000	151136
TOTAL 090 Holding Account							151137
Redistribution Fund Group			$	2,596,263	$	2,596,263	151138
TOTAL ALL BUDGET FUND GROUPS			$	325,741,676	$	327,247,664	151139

Section 333.20. CENTRAL SUPPORT INDIRECT

151141

With the exception of the Division of Wildlife, whose direct	151142
and indirect central support charges shall be paid out of the	151143
General Revenue Fund from the foregoing appropriation item 725401,	151144
Wildlife-GRF Central Support, the Department of Natural Resources,	151145
with approval of the Director of Budget and Management, shall	151146
utilize a methodology for determining each division's payments	151147
into the Central Support Indirect Fund (Fund 1570). The	151148
methodology used shall contain the characteristics of	151149
administrative ease and uniform application in compliance with	151150
federal grant requirements. It may include direct cost charges for	151151
specific services provided. Payments to Fund 1570 shall be made	151152
using an intrastate transfer voucher.	151153

Section 333.30. LEASE RENTAL PAYMENTS

151154

The foregoing appropriation item 725413, Lease Rental	151155
Payments, shall be used to meet all payments at the times they are	151156
required to be made during the period from July 1, 2013, through	151157
June 30, 2015, by the Department of Natural Resources pursuant to	151158
leases and agreements made under section 154.22 of the Revised	151159
Code. These appropriations are the source of funds pledged for	151160
bond service charges on related obligations issued under Chapter	151161
154. of the Revised Code.	151162

CANAL LANDS

151163

The foregoing appropriation item 725456, Canal Lands, shall	151164
be used to provide operating expenses for the State Canal Lands	151165
Program.	151166

HEALTHY LAKE ERIE FUND

151167

The foregoing appropriation item 725505, Healthy Lake Erie	151168
Fund, shall be used by the Director of Natural Resources, in	151169
consultation with the Director of Agriculture and the Director of	151170
Environmental Protection, to implement nonstatutory	151171
recommendations of the Agriculture Nutrients and Water Quality	151172
Working Group. The Director shall give priority to recommendations	151173
that encourage farmers to adopt agricultural production guidelines	151174
commonly known as 4R nutrient stewardship practices. Funds may	151175
also be used for enhanced soil testing in the Western Lake Erie	151176
Basin, monitoring the quality of Lake Erie and its tributaries,	151177
and conducting research and establishing pilot projects that have	151178
the goal of reducing algae blooms in Lake Erie.	151179

COAL AND MINE SAFETY PROGRAM

151180

The foregoing appropriation item 725507, Coal and Mine Safety	151181
Program, shall be used for the administration of the Mine Safety	151182
Program and the Coal Regulation Program.	151183

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

151184

The foregoing appropriation item 725903, Natural Resources	151185
General Obligation Debt Service, shall be used to pay all debt	151186
service and related financing costs during the period July 1,	151187
2013, through June 30, 2015, on obligations issued under sections	151188
151.01 and 151.05 of the Revised Code.	151189

Section 333.40. WELL LOG FILING FEES

151190

The Chief of the Division of Soil and Water Resources shall	151191
deposit fees forwarded to the Division pursuant to section 1521.05	151192
of the Revised Code into the Departmental Services – Intrastate	151193
Fund (Fund 1550) for the purposes described in that section.	151194

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

151195

The foregoing appropriation item 725696, Human Resources	151196
Direct Service, shall be used to cover the cost of support,	151197
coordination, and oversight of the Department of Natural	151198
Resources' human resources functions. The Human Resources	151199
Chargeback Fund (Fund 2050) shall consist of cash transferred to	151200
it via intrastate transfer voucher from other funds as determined	151201
by the Director of Natural Resources and the Director of Budget	151202
and Management.	151203

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

151204

The foregoing appropriation item 725665, Law Enforcement	151205
Administration, shall be used to cover the cost of support,	151206
coordination, and oversight of the Department of Natural	151207
Resources' law enforcement functions. The Law Enforcement	151208
Administration Fund (Fund 2230) shall consist of cash transferred	151209
to it via intrastate transfer voucher from other funds as	151210
determined by the Director of Natural Resources and the Director	151211
of Budget and Management.	151212

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	151213
EXPO CENTER	151214

The foregoing appropriation item 725664, Fountain Square	151215
Facilities Management, shall be used for payment of repairs,	151216
renovation, utilities, property management, and building	151217
maintenance expenses for the Fountain Square complex and the	151218
Department of Natural Resources grounds at the Ohio Expo Center.	151219
Cash transferred by intrastate transfer vouchers from various	151220
department funds and rental income received by the Department of	151221
Natural Resources shall be deposited into the Fountain Square	151222
Facilities Management Fund (Fund 6350).	151223

Section 333.80. SOIL AND WATER DISTRICTS

151224

In addition to state payments to soil and water conservation	151225
districts authorized by section 1515.10 of the Revised Code, the	151226
Department of Natural Resources may use appropriation item 725683,	151227
Soil and Water Districts, to pay any soil and water conservation	151228
district an annual amount not to exceed $40,000, upon receipt of a	151229
request and justification from the district and approval by the	151230
Ohio Soil and Water Conservation Commission. The county auditor	151231
shall credit the payments to the special fund established under	151232
section 1515.10 of the Revised Code for the local soil and water	151233
conservation district. Moneys received by each district shall be	151234
expended for the purposes of the district.	151235

OIL AND GAS WELL PLUGGING

151236

The foregoing appropriation item 725677, Oil and Gas Well	151237
Plugging, shall be used exclusively for the purposes of plugging	151238
wells and to properly restore the land surface of idle and orphan	151239
oil and gas wells pursuant to section 1509.071 of the Revised	151240
Code. No funds from the appropriation item shall be used for	151241
salaries, maintenance, equipment, or other administrative	151242
purposes, except for those costs directly attributed to the	151243
plugging of an idle or orphan well. This appropriation item shall	151244
not be used to transfer cash to any other fund or appropriation	151245
item.	151246

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

151247

During fiscal years 2014 and 2015, the Director of Budget and	151248
Management may, in consultation with the Director of Natural	151249
Resources, transfer such cash as necessary from the General	151250
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	151251
the increased regulatory work related to the expansion of the oil	151252
and gas program that will occur before receipts from this activity	151253
are deposited into Fund 5180. Once funds from severance taxes,	151254
application and permitting fees, and other sources have accrued to	151255
Fund 5180 in such amounts as are considered sufficient to sustain	151256
expanded operations, the Director of Budget and Management, in	151257
consultation with the Director of Natural Resources, shall	151258
establish a schedule for repaying the transferred funds from Fund	151259
5180 to the General Revenue Fund.	151260

NATURAL RESOURCES SPECIAL PURPOSES

151261

On July 1, 2013, or as soon as possible thereafter, the	151262
Director of Budget and Management shall transfer $3,000,000 cash	151263
from the General Revenue Fund to the Natural Resources Special	151264
Purposes Fund (Fund 5MW0). Of the amount transferred, $2,100,000	151265
in fiscal year 2014 shall be used for the construction or	151266
acquisition of a treatment train process at an Ohio inland lake,	151267
and $900,000 in fiscal year 2014 shall be used for the purchase of	151268
a sweeper dredge for use at Ohio inland lakes.	151269

Section 333.90. CLEAN OHIO OPERATING EXPENSES

151270

The foregoing appropriation item 725405, Clean Ohio	151271
Operating, shall be used by the Department of Natural Resources in	151272
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	151273
to section 1519.05 of the Revised Code.	151274

Section 333.100. WATERCRAFT MARINE PATROL

151275

Of the foregoing appropriation item 739401, Division of	151276
Watercraft, up to $200,000 in each fiscal year shall be expended	151277
for the purchase of equipment for marine patrols qualifying for	151278
funding from the Department of Natural Resources pursuant to	151279
section 1547.67 of the Revised Code. Proposals for equipment shall	151280
accompany the submission of documentation for receipt of a marine	151281
patrol subsidy pursuant to section 1547.67 of the Revised Code and	151282
shall be loaned to eligible marine patrols pursuant to a	151283
cooperative agreement between the Department of Natural Resources	151284
and the eligible marine patrol.	151285

Section 333.110. PARKS CAPITAL EXPENSES FUND

151286

The Director of Natural Resources shall submit to the	151287
Director of Budget and Management the estimated design,	151288
engineering, and planning costs of capital-related work to be done	151289
by Department of Natural Resources staff for parks projects within	151290
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	151291
Director of Budget and Management approves the estimated costs,	151292
the Director may release appropriations from appropriation item	151293
C725E6, Project Planning, Fund 7035, for those purposes. Upon	151294
release of the appropriations, the Department of Natural Resources	151295
shall pay for these expenses from the Parks Capital Expenses Fund	151296
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	151297
Fund 7035 using an intrastate transfer voucher.	151298

NATUREWORKS CAPITAL EXPENSES FUND

151299

The Department of Natural Resources shall periodically	151300
prepare and submit to the Director of Budget and Management the	151301
estimated design, planning, and engineering costs of	151302
capital-related work to be done by Department of Natural Resources	151303
staff for each capital improvement project within the Ohio Parks	151304
and Natural Resources Fund (Fund 7031). If the Director of Budget	151305
and Management approves the estimated costs, the Director may	151306
release appropriations from appropriation item C725E5, Project	151307
Planning, in Fund 7031, for those purposes. Upon release of the	151308
appropriations, the Department of Natural Resources shall pay for	151309
these expenses from the Capital Expenses Fund (Fund 4S90).	151310
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	151311
using an intrastate transfer voucher.	151312

Section 333.120. ELIMINATION OF DORMANT FUNDS

151313

The following funds are hereby abolished and the fund names	151314
and fund numbers shall be stricken from the list of funds falling	151315
within the jurisdiction of the Department of Natural Resources:	151316

Fund Number	Fund Name	151317
1580	Reprint and Replacement - Intrastate	151318
1610	Parks and Recreation Depreciation Reserve	151319
1620	Civilian Conservation Corps Earned Revenues	151320
2060	General Services	151321
5080	Natural Resources Publications and Promotions	151322
5190	Burr Oak Water Plant	151323
5250	Reclamation Forfeiture	151324
5300	Surface Mining Reclamation	151325
8800	Cooperative Boat Harbor Project	151326
4B80	Forestry Development	151327
5F90	Flood Reimbursement	151328
81A0	Wildlife Education	151329
R029	Reclamation Fee	151330
R030	Surface Mining Reclamation Fee	151331
R040	Wildlife Refunds	151332
3280	Federal Special Revenue	151333
3P00	Natural Areas and Preserves - Federal	151334
5K10	Urban Forestry Grant	151335
5150	Conservancy District Organization	151336
6300	Wild Animal	151337
3CH0	Mined Land Set Aside	151338

TRANSFER OF ELIMINATED DORMANT FUNDS

151339

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	151340
abolished. Any balance remaining in the fund as of July 1, 2013,	151341
shall be transferred into the Waterways Safety Fund (Fund 7086)	151342
and appropriated to appropriation item 739401, Division of	151343
Watercraft.	151344

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	151345
the Division of Natural Areas and Preserves Law Enforcement Fund	151346
(Fund 5EK0) are hereby abolished. Any balance remaining in these	151347
funds as of July 1, 2013, shall be transferred into the Park Law	151348
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	151349
item 725613, Park Law Enforcement.	151350

Section 335.10. NUR STATE BOARD OF NURSING

151351

General Services Fund Group	151352

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	151353
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	151354
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	151355
TOTAL GSF General Services							151356
Fund Group			$	8,557,249	$	8,649,484	151357
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	151358

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	151360
AND ATHLETIC TRAINERS BOARD	151361

General Services Fund Group	151362

4K90	890609	Operating Expenses	$	866,169	$	925,897	151363
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	151364
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	151365

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

151367

General Revenue Fund	151368

GRF	355501	Library Subsidy	$	135,000	$	140,000	151369
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	151370
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	151371

Section 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH	151373
DISABILITIES AGENCY	151374

General Revenue Fund	151375

GRF	415402	Independent Living Council	$	252,000	$	252,000	151376
GRF	415406	Assistive Technology	$	26,618	$	26,618	151377
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	151378
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	151379
GRF	415508	Services for the Deaf	$	28,000	$	28,000	151380
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	151381

General Services Fund Group	151382

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	151383
TOTAL GSF General Services							151384
Fund Group			$	962,538	$	965,481	151385

Federal Special Revenue Fund Group	151386

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	151387
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	151388
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	151389
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	151390
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	151391
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	151392
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	151393
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	151394
TOTAL FED Federal Special							151395
Revenue Fund Group			$	207,833,606	$	205,179,120	151396

State Special Revenue Fund Group	151397

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	151398
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	151399
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	151400
TOTAL SSR State Special							151401
Revenue Fund Group			$	26,871,919	$	27,096,926	151402
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	151403

INDEPENDENT LIVING COUNCIL

151404

The foregoing appropriation item 415402, Independent Living	151405
Council, shall be used to fund the operations of the State	151406
Independent Living Council and to support state independent living	151407
centers and independent living services under Title VII of the	151408
Independent Living Services and Centers for Independent Living of	151409
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	151410
U.S.C. 796d.	151411

Of the foregoing appropriation item 415402, Independent	151412
Living Council, $67,662 in each fiscal year shall be used as state	151413
matching funds for vocational rehabilitation innovation and	151414
expansion activities.	151415

ASSISTIVE TECHNOLOGY

151416

The total amount of the foregoing appropriation item 415406,	151417
Assistive Technology, shall be provided to Assistive Technology of	151418
Ohio to provide grants and assistive technology services for	151419
people with disabilities in the State of Ohio.	151420

OFFICE FOR PEOPLE WITH BRAIN INJURY

151421

The foregoing appropriation item 415431, Office for People	151422
with Brain Injury, shall be provided to The Ohio State University	151423
College of Medicine to support the Brain Injury Program	151424
established under section 3304.23 of the Revised Code.	151425

VOCATIONAL REHABILITATION SERVICES

151426

The foregoing appropriation item 415506, Services for People	151427
with Disabilities, shall be used as state matching funds to	151428
provide vocational rehabilitation services to eligible consumers.	151429

SERVICES FOR THE DEAF

151430

The foregoing appropriation item 415508, Services for the	151431
Deaf, shall be used to provide grants to community centers for the	151432
deaf.	151433

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

151434

The foregoing appropriation item 415617, Independent	151435
Living/Vocational Rehabilitation Programs, shall be used to	151436
support vocational rehabilitation programs.	151437

SOCIAL SECURITY REIMBURSEMENT FUNDS

151438

Reimbursement funds received from the Social Security	151439
Administration, United States Department of Health and Human	151440
Services, for the costs of providing services and training to	151441
return disability recipients to gainful employment shall be	151442
expended from the Social Security Reimbursement Fund (Fund 3L10),	151443
to the extent funds are available, as follows:	151444

(A) Appropriation item 415601, Social Security Personal Care	151445
Assistance, to provide personal care services in accordance with	151446
section 3304.41 of the Revised Code;	151447

(B) Appropriation item 415605, Social Security Community	151448
Centers for the Deaf, to provide grants to community centers for	151449
the deaf in Ohio for services to individuals with hearing	151450
impairments; and	151451

(C) Appropriation item 415608, Social Security Special	151452
Programs/Assistance, to provide vocational rehabilitation services	151453
to individuals with severe disabilities who are Social Security	151454
beneficiaries, to enable them to achieve competitive employment.	151455
This appropriation item shall also be used to pay a portion of	151456
indirect costs of the Personal Care Assistance Program and the	151457
Independent Living Programs as mandated by federal OMB Circular	151458
A-87.	151459

PROGRAM MANAGEMENT EXPENSES

151460

The foregoing appropriation item 415606, Program Management	151461
Expenses, shall be used to support the administrative functions of	151462
the commission related to the provision of vocational	151463
rehabilitation, disability determination services, and ancillary	151464
programs.	151465

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

151466

General Services Fund Group	151467

4K90	894609	Operating Expenses	$	366,000	$	365,000	151468
TOTAL GSF General Services							151469
Fund Group			$	366,000	$	365,000	151470
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	151471

Section 343.10. OPT STATE BOARD OF OPTOMETRY

151473

General Services Fund Group	151474

4K90	885609	Operating Expenses	$	347,278	$	347,278	151475
TOTAL GSF General Services							151476
Fund Group			$	347,278	$	347,278	151477
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	151478

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	151480
AND PEDORTHICS	151481

General Services Fund Group	151482

4K90	973609	Operating Expenses	$	151,417	$	159,982	151483
TOTAL GSF General Services							151484
Fund Group			$	151,417	$	159,982	151485
TOTAL ALL BUDGET FUND GROUPS			$	151,417	$	159,982	151486

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	151487
RELEASE COMPENSATION BOARD	151488

State Special Revenue Fund Group	151489

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	151490
TOTAL SSR State Special Revenue							151491
Fund Group			$	1,233,249	$	1,252,202	151492
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	151493

Section 349.10. PRX STATE BOARD OF PHARMACY

151495

General Services Fund Group	151496

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	151497
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	151498
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	151499

Federal Special Revenue Fund Group	151500

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	151501
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	151502
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	151503
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	151504
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	151505
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	151506

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

151508

General Services Fund Group	151509

4K90	882609	Operating Expenses	$	548,000	$	571,000	151510
TOTAL GSF General Services							151511
Fund Group			$	548,000	$	571,000	151512
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	151513

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

151515

General Revenue Fund	151516

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	151517
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	151518
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	151519
GRF	019405	Training Account	$	50,000	$	50,000	151520
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	151521
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	151522

General Services Fund Group	151523

4070	019604	County Representation	$	351,149	$	354,248	151524
4080	019605	Client Payments	$	725,144	$	722,931	151525
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	151526
TOTAL GSF General Services							151527
Fund Group			$	1,608,429	$	1,605,655	151528

Federal Special Revenue Fund Group	151529

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	151530
3S80	019608	Federal Representation	$	204,706	$	202,942	151531
TOTAL FED Federal Special Revenue							151532
Fund Group			$	308,656	$	306,892	151533

State Special Revenue Fund Group	151534

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	151535
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	151536
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	151537
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	151538
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	151539
TOTAL SSR State Special Revenue							151540
Fund Group			$	68,464,005	$	69,794,850	151541
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	151542

INDIGENT DEFENSE OFFICE

151543

The foregoing appropriation items 019404, Trumbull County -	151544
State Share, and 019610, Trumbull County - County Share, shall be	151545
used to support an indigent defense office for Trumbull County.	151546

MULTI-COUNTY OFFICE

151547

The foregoing appropriation items 019403, Multi-County: State	151548
Share, and 019601, Multi-County: County Share, shall be used to	151549
support the Office of the Ohio Public Defender's Multi-County	151550
Branch Office Program.	151551

TRAINING ACCOUNT

151552

The foregoing appropriation item 019405, Training Account,	151553
shall be used by the Ohio Public Defender to provide legal	151554
training programs at no cost for private appointed counsel who	151555
represent at least one indigent defendant at no cost and for state	151556
and county public defenders and attorneys who contract with the	151557
Ohio Public Defender to provide indigent defense services.	151558

FEDERAL REPRESENTATION

151559

The foregoing appropriation item 019608, Federal	151560
Representation, shall be used to receive reimbursements from the	151561
federal courts when the Ohio Public Defender provides	151562
representation in federal court cases and to support	151563
representation in such cases.	151564

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

151565

General Revenue Fund	151566

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	151567
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	151568
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	151569

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

151571

General Services Fund Group	151572

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	151573
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	151574
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	151575
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	151576
TOTAL GSF General Services							151577
Fund Group			$	53,739,708	$	35,704,708	151578

Federal Special Revenue Fund Group	151579

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	151580
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	151581
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	151582
3ED0	870631	State Regulators Assistance	$	115,912	$	0	151583
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	151584
TOTAL FED Federal Special Revenue							151585
Fund Group			$	8,357,532	$	8,049,619	151586

State Special Revenue Fund Group	151587

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	151588
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	151589
5610	870606	Power Siting Board	$	581,618	$	581,618	151590
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	151591
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	151592
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	151593
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	151594
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	151595
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	151596
TOTAL SSR State Special Revenue							151597
Fund Group			$	9,549,062	$	9,500,201	151598
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	151599

Section 359.10. PWC PUBLIC WORKS COMMISSION

151601

General Revenue Fund	151602

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	151603
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	151604
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	151605

Clean Ohio Conservation Fund Group	151606

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		151607
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		151608

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

151609

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

151610

The foregoing appropriation item 150904, Conservation General	151611
Obligation Debt Service, shall be used to pay all debt service and	151612
related financing costs during the period from July 1, 2013,	151613
through June 30, 2015, at the times they are required to be made	151614
for obligations issued under sections 151.01 and 151.09 of the	151615
Revised Code.	151616

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

151617

The foregoing appropriation item 150907, State Capital	151618
Improvements General Obligation Debt Service, shall be used to pay	151619
all debt service and related financing costs during the period	151620
from July 1, 2013, through June 30, 2015, at the times they are	151621
required to be made for obligations issued under sections 151.01	151622
and 151.08 of the Revised Code.	151623

CLEAN OHIO OPERATING EXPENSES

151624

The foregoing appropriation item 150403, Clean Ohio Operating	151625
Expenses, shall be used by the Ohio Public Works Commission in	151626
administering Clean Ohio Conservation Fund (Fund 7056) projects	151627
pursuant to sections 164.20 to 164.27 of the Revised Code.	151628

Section 361.10. RAC STATE RACING COMMISSION

151629

State Special Revenue Fund Group	151630

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	151631
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	151632
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	151633
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	151634
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	151635
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	151636
TOTAL SSR State Special Revenue							151637
Fund Group			$	28,329,086	$	28,329,086	151638

Holding Account Redistribution Fund Group	151639

R021	875605	Bond Reimbursements	$	100,000	$	100,000	151640
TOTAL 090 Holding Account Redistribution							151641
Fund Group			$	100,000	$	100,000	151642
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	151643

Section 363.10. BOR BOARD OF REGENTS

151645

General Revenue Fund	151646

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	151647
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	151648
GRF	235402	Sea Grants	$	285,000	$	285,000	151649
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	151650
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	151651
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	151652
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	151653
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	151654
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	151655
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	151656
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	151657
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	151658
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	151659
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	151660
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	151661
GRF	235483	Technology Integration and Professional Development	$	2,378,598	$	2,378,598	151662
GRF	235501	State Share of Instruction	$	1,784,225,497	$	1,818,225,497	151663
GRF	235502	Student Support Services	$	632,974	$	632,974	151664
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	151665
GRF	235505	State Share of Instruction Bridge Funding	$	8,095,005	$	0	151666
GRF	235506	Ohio Strategic Training Center	$	950,000	$	0	151667
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	151668
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	151669
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	151670
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	151671
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	151672
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	151673
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	151674
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	151675
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	151676
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	151677
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	151678
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	151679
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,126,100	151680
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	151681
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	151682
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	151683
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	151684
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	151685
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	151686
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	151687
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	151688
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	151689
GRF	235558	Long-term Care Research	$	195,300	$	195,300	151690
GRF	235563	Ohio College Opportunity Grant	$	89,126,474	$	89,126,474	151691
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	151692
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	151693
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	151694
TOTAL GRF General Revenue Fund			$	2,331,020,762	$	2,376,118,502	151695

General Services Fund Group	151696

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	151697
4560	235603	Sales and Services	$	199,250	$	199,250	151698
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	151699
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	151700
TOTAL GSF General Services							151701
Fund Group			$	13,102,845	$	13,102,845	151702

Federal Special Revenue Fund Group	151703

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	151704
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	151705
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	151706
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	151707
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	151708
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	151709
TOTAL FED Federal Special Revenue							151710
Fund Group			$	21,535,671	$	21,535,671	151711

State Special Revenue Fund Group	151712

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	151713
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	151714
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	151715
5FK0	235676	Media Services	$	491,373	$	491,373	151716
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	151717
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	151718
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	151719
6820	235606	Nursing Loan Program	$	891,320	$	891,320	151720
TOTAL SSR State Special Revenue							151721
Fund Group			$	12,932,676	$	12,982,537	151722

Third Frontier Research & Development Fund Group	151723

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	151724
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	151725
TOTAL ALL BUDGET FUND GROUPS			$	2,386,591,954	$	2,431,739,555	151726

Section 363.20. LEASE RENTAL PAYMENTS

151728

The foregoing appropriation item 235401, Lease Rental	151729
Payments, shall be used to meet all payments at the times they are	151730
required to be made during the period from July 1, 2013, through	151731
June 30, 2015, by the Chancellor of the Board of Regents under	151732
leases and agreements made under section 154.21 of the Revised	151733
Code. These appropriations are the source of funds pledged for	151734
bond service charges on related obligations issued under Chapter	151735
154. of the Revised Code.	151736

Section 363.23. SEA GRANTS

151737

The foregoing appropriation item 235402, Sea Grants, shall be	151738
used to match federal dollars and leverage additional support by	151739
The Ohio State University's Sea Grant program, including Stone	151740
Laboratory, for research, education, and outreach to enhance the	151741
economic value, public utilization, and responsible management of	151742
Lake Erie and Ohio's coastal resources.	151743

Section 363.30. ARTICULATION AND TRANSFER

151744

The foregoing appropriation item 235406, Articulation and	151745
Transfer, shall be used by the Chancellor of the Board of Regents	151746
to maintain and expand the work of the Articulation and Transfer	151747
Council to develop a system of transfer policies to ensure that	151748
students at state institutions of higher education can transfer	151749
and have coursework apply to their majors and degrees at any other	151750
state institution of higher education without unnecessary	151751
duplication or institutional barriers under sections 3333.16,	151752
3333.161, and 3333.162 of the Revised Code.	151753

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

151754

The foregoing appropriation item 235408, Midwest Higher	151755
Education Compact, shall be distributed by the Chancellor of the	151756
Board of Regents under section 3333.40 of the Revised Code.	151757

Section 363.50. HEI INFORMATION SYSTEM

151758

The foregoing appropriation item 235409, HEI Information	151759
System, shall be used by the Chancellor of the Board of Regents to	151760
support the development and implementation of information	151761
technology solutions designed to improve the performance and	151762
services of the Chancellor of the Board of Regents and the	151763
University System of Ohio. Information technology solutions may be	151764
provided by the Ohio Academic Research Network (OARnet).	151765

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

151766

The foregoing appropriation item 235414, State Grants and	151767
Scholarship Administration, shall be used by the Chancellor of the	151768
Board of Regents to administer the following student financial aid	151769
programs: Ohio College Opportunity Grant, Ohio War Orphans'	151770
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	151771
Officers College Memorial Fund, and any other student financial	151772
aid programs created by the General Assembly. The appropriation	151773
item also shall be used to support all state financial aid audits	151774
and student financial aid programs created by Congress, and to	151775
provide fiscal services for the Ohio National Guard Scholarship	151776
Program.	151777

Section 363.70. ESTUDENT SERVICES

151778

The foregoing appropriation item 235417, eStudent Services,	151779
shall be used by the Chancellor of the Board of Regents to support	151780
the continued implementation of eStudent Services, a consortium	151781
organized under division (T) of section 3333.04 of the Revised	151782
Code to expand access to dual enrollment opportunities for high	151783
school students, as well as adult and higher education	151784
opportunities through technology. The funds shall be used by	151785
eStudent Services to develop and promote learning and assessment	151786
through the use of technology, to test and provide advice on	151787
emerging learning-directed technologies, to support the distance	151788
learning clearinghouse and platform created under section 3333.82	151789
of the Revised Code, and to facilitate cost-effectiveness through	151790
shared educational technology investments.	151791

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

151792

The foregoing appropriation item 235428, Appalachian New	151793
Economy Partnership, shall be distributed to Ohio University to	151794
continue a multi-campus and multi-agency coordinated effort to	151795
link Appalachia to the new economy. Ohio University shall use	151796
these funds to provide leadership in the development and	151797
implementation of initiatives in the areas of entrepreneurship,	151798
management, education, and technology.	151799

Section 363.90. ECONOMIC GROWTH CHALLENGE

151800

The foregoing appropriation item 235433, Economic Growth	151801
Challenge, shall be used for administrative expenses of the	151802
Research Incentive Program and other economic advancement	151803
initiatives undertaken by the Chancellor of the Board of Regents.	151804

The Chancellor of the Board of Regents shall use any	151805
appropriation transfer to the foregoing appropriation item 235433,	151806
Economic Growth Challenge, to enhance the basic research and	151807
commercialization capabilities of public colleges and universities	151808
and accredited Ohio institutions of higher education holding	151809
certificates of authorization issued under section 1713.02 of the	151810
Revised Code, in order to strengthen academic research and	151811
commercialization for pursuing Ohio's economic development goals.	151812

Section 363.93. COLLEGE READINESS AND ACCESS

151813

The foregoing appropriation item 235434, College Readiness	151814
and Access, shall be used by the Chancellor of the Board of	151815
Regents to support early college high school initiatives. The	151816
Chancellor shall distribute grants equal to $2,000 per enrolled	151817
early college high school student to institutions of higher	151818
education supporting an early college high school. If the	151819
Chancellor determines that the amounts appropriated are inadequate	151820
to provide full grant awards to all eligible institutions, the	151821
Chancellor may decrease the per student grant amount.	151822

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

151823

The foregoing appropriation item 235438, Choose Ohio First	151824
Scholarship, shall be used to operate the program prescribed in	151825
sections 3333.60 to 3333.70 of the Revised Code.	151826

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

151827

The foregoing appropriation item 235443, Adult Basic and	151828
Literacy Education - State, shall be used to support the adult	151829
basic and literacy education instructional grant program and state	151830
leadership program. The supported programs shall satisfy the state	151831
match and maintenance of effort requirements for the	151832
state-administered grant program.	151833

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	151834
EDUCATION	151835

The foregoing appropriation item 235444, Post-Secondary Adult	151836
Career-Technical Education, shall be used by the Chancellor of the	151837
Board of Regents, in consultation with the Superintendent of	151838
Public Instruction and the Governor's Office of Workforce	151839
Transformation, to support post-secondary adult career-technical	151840
education. The Chancellor of the Board of Regents, the	151841
Superintendent of Public Instruction, and the Governor's Office of	151842
Workforce Transformation, or their designees, shall hold a series	151843
of consultations with the Ohio Technical Centers during fiscal	151844
year 2014 to develop an appropriate funding formula to distribute	151845
these funds based on student outcomes, beginning in fiscal year	151846
2015.	151847

Not later than June 30, 2014, the Chancellor of the Board of	151848
Regents shall establish a One-Year Option credit articulation	151849
system in which graduates of Ohio Technical Centers who complete a	151850
900-hour program of study and obtain an industry-recognized	151851
credential approved by the Chancellor shall receive 30 college	151852
technical credit hours toward a technical degree upon enrollment	151853
in an institution of higher education.	151854

By June 30, 2014, the Chancellor also shall submit a report	151855
to the General Assembly, in accordance with section 101.68 of the	151856
Revised Code, that recommends a process to award proportional	151857
credit toward a technical degree for students who complete a	151858
program of study between 600 and 899 hours and obtain an	151859
industry-recognized credential approved by the Chancellor.	151860

As used in this section, "institution of higher education"	151861
has the same meaning as in section 3345.12 of the Revised Code.	151862

Section 363.130. AREA HEALTH EDUCATION CENTERS

151863

The foregoing appropriation item 235474, Area Health	151864
Education Centers Program Support, shall be used by the Chancellor	151865
of the Board of Regents to support the medical school regional	151866
area health education centers' educational programs for the	151867
continued support of medical and other health professions	151868
education and for support of the Area Health Education Center	151869
Program.	151870

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	151871
DEVELOPMENT	151872

Of the foregoing appropriation item 235483, Technology	151873
Integration and Professional Development, up to $2,000,000 in each	151874
fiscal year shall be used to provide grants on a competitive basis	151875
to public and chartered nonpublic schools for their participation	151876
in the electronic textbook pilot project. These grants shall be	151877
administered as provided under the section of this act entitled	151878
ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as	151879
possible thereafter, the Chancellor of the Board of Regents may	151880
certify to the Director of Budget and Management the amount of the	151881
unexpended, unencumbered balance of this set aside at the end of	151882
fiscal year 2014 to be appropriated to fiscal year 2015. The	151883
amount certified is hereby reappropriated for the same purpose for	151884
fiscal year 2015.	151885

The remainder of the foregoing appropriation item 235483,	151886
Technology Integration and Professional Development, shall be used	151887
by the Ohio Department of Education and the Chancellor of the	151888
Board of Regents for the provision of staff development, hardware,	151889
software, telecommunications services, and information resources	151890
to support educational uses of technology in the classroom and at	151891
a distance and for professional development for teachers,	151892
administrators, and technology staff on the use of educational	151893
technology in qualifying public schools, including the State	151894
School for the Blind, the School for the Deaf, and the Department	151895
of Youth Services.	151896

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

151897

The Chancellor of the Board of Regents shall establish	151898
procedures to allocate the foregoing appropriation item 235501,	151899
State Share of Instruction, based on the formulas detailed in this	151900
section that utilize the enrollment, course completion, degree	151901
attainment, and student achievement factors reported annually by	151902
each state institution of higher education participating in the	151903
Higher Education Information (HEI) system.	151904

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE	151905
COMPLETIONS	151906

(1) As soon as possible during each fiscal year of the	151907
biennium ending June 30, 2015, in accordance with instructions of	151908
the Board of Regents, each state institution of higher education	151909
shall report its actual data, consistent with the definitions in	151910
the Higher Education Information (HEI) system's enrollment files,	151911
to the Chancellor of the Board of Regents.	151912

(2) In defining the number of full-time equivalent students	151913
for state subsidy instructional cost purposes, the Chancellor of	151914
the Board of Regents shall exclude all undergraduate students who	151915
are not residents of Ohio, except those charged in-state fees in	151916
accordance with reciprocity agreements made under section 3333.17	151917
of the Revised Code or employer contracts entered into under	151918
section 3333.32 of the Revised Code.	151919

(3) In calculating the core subsidy entitlements for	151920
university branch and main campuses, the Chancellor of the Board	151921
of Regents shall use the following count of FTE students:	151922

(a) The subsidy eligible enrollments by model shall equal	151923
only those FTE students who successfully complete the course as	151924
defined and reported through the Higher Education Information	151925
(HEI) system course enrollment file;	151926

(b) Those undergraduate FTE students with successful course	151927
completions, identified in division (A)(3)(a) of this section,	151928
that had an expected family contribution less than 2190 or were	151929
determined to have been in need of remedial education shall be	151930
defined as at-risk students and shall have their eligible	151931
completions weighted by the following:	151932

(i) Campus-specific course completion indexes, where the	151933
indexes are calculated based upon the number of at-risk students	151934
enrolled during the 2010-2012 academic years; and	151935

(ii) A statewide average at-risk course completion weight	151936
determined for each subsidy model. The statewide average at-risk	151937
course completion weight shall be determined by calculating the	151938
difference between the percentage of traditional students who	151939
complete a course and the percentage of at-risk students who	151940
complete the same course.	151941

(4) In calculating the core subsidy entitlements for Medical	151942
II models only, students repeating terms may be no more than five	151943
per cent of current year enrollment.	151944

(5) In calculating the core subsidy entitlements for students	151945
enrolled in state-supported law schools, subsidy eligible FTE	151946
completions shall be limited to students identified as residents	151947
of Ohio.	151948

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

151949

For purposes of calculating state share of instruction	151950
allocations, the total instructional costs per full-time	151951
equivalent student shall be:	151952

Model	Fiscal Year 2014	Fiscal Year 2015	151953
ARTS AND HUMANITIES 1	$7,803	$7,940	151954
ARTS AND HUMANITIES 2	$10,828	$11,018	151955
ARTS AND HUMANITIES 3	$13,988	$14,234	151956
ARTS AND HUMANITIES 4	$20,242	$20,598	151957
ARTS AND HUMANITIES 5	$33,969	$34,567	151958
ARTS AND HUMANITIES 6	$38,280	$38,954	151959
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	151960
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	151961
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	151962
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	151963
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	151964
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	151965
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	151966
MEDICAL 1	$53,424	$54,365	151967
MEDICAL 2	$45,873	$46,681	151968
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	151969
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	151970
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	151971
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	151972
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	151973
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	151974
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	151975
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	151976
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	151977

Doctoral I and Doctoral II models shall be allocated in	151978
accordance with division (D)(3) of this section.	151979

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	151980
AND GRADUATE WEIGHTS	151981

For the purpose of implementing the recommendations of the	151982
2006 State Share of Instruction Consultation and the Higher	151983
Education Funding Study Council that priority be given to	151984
maintaining state support for science, technology, engineering,	151985
mathematics, medicine, and graduate programs, the costs in	151986
division (B) of this section shall be weighted by the amounts	151987
provided below:	151988

Model	Fiscal Year 2014	Fiscal Year 2015	151989
ARTS AND HUMANITIES 1	1.0000	1.0000	151990
ARTS AND HUMANITIES 2	1.0000	1.0000	151991
ARTS AND HUMANITIES 3	1.0000	1.0000	151992
ARTS AND HUMANITIES 4	1.0000	1.0000	151993
ARTS AND HUMANITIES 5	1.0425	1.0425	151994
ARTS AND HUMANITIES 6	1.0425	1.0425	151995
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	151996
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	151997
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	151998
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	151999
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	152000
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	152001
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	152002
MEDICAL 1	1.6456	1.6456	152003
MEDICAL 2	1.7462	1.7462	152004
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	152005
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	152006
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	152007
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	152008
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	152009
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	152010
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	152011
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	152012
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	152013

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	152014
ENTITLEMENTS AND ADJUSTMENTS	152015

(1) Of the foregoing appropriation item 235501, State Share	152016
of Instruction, 25 per cent of the fiscal year 2014 appropriation	152017
for state-supported community colleges, state community colleges,	152018
and technical colleges shall be allocated to colleges in	152019
proportion to their share of college student success factors as	152020
adopted by the Chancellor of the Board of Regents in formal	152021
communication to the Controlling Board on August 30, 2010.	152022

(2) Of the foregoing appropriation item 235501, State Share	152023
of Instruction, 25 per cent of the fiscal year 2014 appropriation	152024
for state-supported community colleges, state community colleges,	152025
and technical colleges shall be reserved for course completion	152026
FTEs as aggregated by the subsidy models defined in division (B)	152027
of this section.	152028

The course completion funding shall be allocated to colleges	152029
in proportion to each campuses' share of the total sector's course	152030
completions, weighted by the instructional cost of the subsidy	152031
models.	152032

To calculate the subsidy entitlements for course completions	152033
at community colleges, state community colleges, and technical	152034
colleges, the Chancellor of the Board of Regents shall use the	152035
following calculations:	152036

(a) In calculating each campus's count of FTE course	152037
completions, the Chancellor of the Board of Regents shall use the	152038
three-year average course completions for the three-year period	152039
ending in the prior year.	152040

(b) The model costs as used in the calculation shall be	152041
augmented by the model weights for science, technology,	152042
engineering, mathematics, and medicine models as established in	152043
division (C) of this section.	152044

(3) Of the foregoing appropriation item 235501, State Share	152045
of Instruction, up to 11.78 per cent of the appropriation for	152046
universities, as established in division (A)(2) of the section of	152047
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	152048
2014 and 2015," in each fiscal year shall be reserved for support	152049
of doctoral programs to implement the funding recommendations made	152050
by representatives of the universities. The amount so reserved	152051
shall be referred to as the doctoral set-aside.	152052

The doctoral set-aside shall be allocated to universities as	152053
follows:	152054

(a) 62.50 per cent of the doctoral set-aside in fiscal year	152055
2014 and 55 per cent of the doctoral set-aside in fiscal year 2015	152056
shall be allocated to universities in proportion to their share of	152057
the statewide total of each state institution's three-year average	152058
Doctoral I equivalent FTEs as calculated on an institutional basis	152059
using historical FTEs for the period fiscal year 1994 through	152060
fiscal year 1998 with annualized FTEs for fiscal years 1994	152061
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	152062
reflect the effects of doctoral review and subsequent changes in	152063
Doctoral I equivalent enrollments. For the purposes of this	152064
calculation, Doctoral I equivalent FTEs shall equal the sum of	152065
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	152066

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	152067
and 30 per cent of the doctoral set-aside in fiscal year 2015	152068
shall be allocated to universities in proportion to each campus's	152069
share of the total statewide doctoral degrees, weighted by the	152070
cost of the doctoral discipline. In calculating each campus's	152071
doctoral degrees the Chancellor of the Board of Regents shall use	152072
the three-year average doctoral degrees awarded for the three-year	152073
period ending in the prior year.	152074

(c) 12.5 per cent of the doctoral set-aside in fiscal year	152075
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	152076
shall be allocated to universities in proportion to their share of	152077
research grant activity, using a data collection method that is	152078
reviewed and approved by the presidents of Ohio's doctoral degree	152079
granting universities. In the event that the data collection	152080
method is not available, funding for this component shall be	152081
allocated to universities in proportion to their share of research	152082
grant activity published by the National Science Foundation. Grant	152083
awards from the Department of Health and Human Services shall be	152084
weighted at 50 per cent.	152085

(4) Of the foregoing appropriation item 235501, State Share	152086
of Instruction, 6.41 per cent of the appropriation for	152087
universities, as established in division (A)(2) of the section of	152088
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	152089
2014 AND 2015," in each fiscal year shall be reserved for support	152090
of Medical II FTEs. The amount so reserved shall be referred to as	152091
the medical II set-aside.	152092

The medical II set-aside shall be allocated to universities	152093
in proportion to their share of the statewide total of each state	152094
institution's three-year average Medical II FTEs as calculated in	152095
division (A) of this section, weighted by model cost.	152096

(5) Of the foregoing appropriation item 235501, State Share	152097
of Instruction, 1.48 per cent of the appropriation for	152098
universities, as established in division (A)(2) of the section of	152099
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	152100
2014 AND 2015," in each fiscal year shall be reserved for support	152101
of Medical I FTEs. The amount so reserved shall be referred to as	152102
the medical I set-aside.	152103

The medical I set-aside shall be allocated to universities in	152104
proportion to their share of the statewide total of each state	152105
institution's three-year average Medical I FTEs as calculated in	152106
division (A) of this section.	152107

(6) Of the foregoing appropriation item 235501, State Share	152108
of Instruction, 50 per cent of the appropriation in each fiscal	152109
year for universities, net any earmarked funding for university	152110
regional campuses as detailed in division (B)(1) of the section of	152111
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	152112
2014 AND 2015," shall be reserved for support of associate,	152113
baccalaureate, master's, and professional level degree attainment.	152114

The degree attainment funding shall be allocated to	152115
universities in proportion to each campus's share of the total	152116
statewide degrees granted, weighted by the cost of the degree	152117
programs. The degree cost calculations shall include the model	152118
cost weights for the science, technology, engineering,	152119
mathematics, and medicine models as established in division (C) of	152120
this section.	152121

For degrees including credits earned at multiple	152122
institutions, in fiscal year 2015, degree attainment funding shall	152123
be allocated to universities and branch campuses in proportion to	152124
each campus's share of the cost of earned credits for the degree.	152125
Each institution shall receive its prorated share of degree	152126
funding for credits earned at that institution. Cost of credits	152127
not earned at a university main or regional campus shall be	152128
credited to the degree-granting institution.	152129

In calculating the subsidy entitlements for degree attainment	152130
at university main and regional campuses, the Chancellor of the	152131
Board of Regents shall use the following count of degrees and	152132
degree costs:	152133

(a) The subsidy eligible undergraduate degrees shall be	152134
defined as follows:	152135

(i) The subsidy eligible degrees conferred to students	152136
identified as residents of the state of Ohio in any term of their	152137
studies, as reported through the Higher Education Information	152138
(HEI) system student enrollment file, shall be weighted by a	152139
factor of 1.	152140

(ii) The subsidy eligible degrees conferred to students	152141
identified as out-of-state residents during all terms of their	152142
studies, as reported through the Higher Education Information	152143
(HEI) system student enrollment file, who remain in the state of	152144
Ohio at least one year after graduation, as calculated based on	152145
the three-year average in-state residency rate for out-of-state	152146
students at each institution, shall be weighted by a factor of 50	152147
per cent. For fiscal year 2014, subsidy eligible degrees conferred	152148
to all out-of-state students shall be weighted by a factor of 25	152149
per cent.	152150

(b) In fiscal year 2014, for those associate degrees awarded	152151
by a state-supported university, the subsidy eligible degrees	152152
granted are defined as only those earned by students attending a	152153
university that received funding under GRF appropriation item	152154
235418, Access Challenge, in fiscal year 2009. In fiscal year	152155
2015, subsidy eligible associate degrees are defined as those	152156
earned by students attending any state-supported university main	152157
or regional campus.	152158

(c) In calculating each campus's count of degrees, the	152159
Chancellor of the Board of Regents shall use the three-year	152160
average associate, baccalaureate, master's, and professional	152161
degrees awarded for the three-year period ending in the prior	152162
year. In fiscal year 2014, university regional campuses are not	152163
eligible for degree completion funding. In fiscal year 2015, all	152164
university campuses are eligible for degree completion funding.	152165

(d) For fiscal year 2014, eligible associate degrees defined	152166
in division (D)(6)(b) of this section and all bachelor's degrees	152167
earned by a student that either had an expected family	152168
contribution less than 2190, was determined to have been in need	152169
of remedial education, is Native American, African American, or	152170
Hispanic, or is at least age 26 at the time of graduation, shall	152171
be defined as degrees earned by an at-risk student and shall be	152172
weighted by the following:	152173

(i) A campus-specific at-risk index, where the index is	152174
calculated based on the proportion of at-risk students enrolled	152175
during a four-year cohort beginning in fiscal year 2001, 2002,	152176
2003, or 2004; and	152177

(ii) A statewide average at-risk degree completion weight	152178
determined by calculating the difference between the percentage of	152179
non-at-risk students who earned a degree and the percentage of	152180
at-risk students who earned a degree in eight years or less.	152181

(e) For fiscal year 2015, eligible associate degrees defined	152182
in division (D)(6)(b) of this section and all bachelor's degrees	152183
earned by a student that either had an expected family	152184
contribution less than 2190, was determined to be in need of	152185
remedial education, is Native American, African American, or	152186
Hispanic, or is at least 26 years of age at the time of	152187
graduation, shall be defined as degrees earned by an at-risk	152188
student and shall be weighted by the following:	152189

A student-specific degree completion weight, where the weight	152190
is calculated based on the at risk factors of the individual	152191
student, determined by calculating the difference between the	152192
percentage of students with each risk factor who earned a degree	152193
and the percentage of non-at-risk students who earned a degree.	152194

(7) State share of instruction base formula earnings shall be	152195
determined as follows:	152196

(a) The instructional costs shall be determined by	152197
multiplying the amounts listed above in divisions (B) and (C) of	152198
this section by the average subsidy-eligible FTEs for the	152199
three-year period ending in the prior year for all models except	152200
Doctoral I and Doctoral II.	152201

(b) The Chancellor of the Board of Regents shall compute a	152202
uniform state share of instructional costs for each sector.	152203

(i) For the state-supported community colleges, state	152204
community colleges, and technical colleges, in fiscal year 2014	152205
the Chancellor of the Board of Regents shall compute the uniform	152206
state share of instructional costs for enrollment by dividing the	152207
sector level appropriation total as determined by the Chancellor	152208
in division (A)(1) of the section of this act entitled "STATE	152209
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	152210
pursuant to divisions (B) and (C) of that section, less the	152211
student college success allocation as described in division (D)(1)	152212
of this section and less the course completion allocation as	152213
detailed in division (D)(2) of this section, by the sum of all	152214
eligible campuses' instructional costs as calculated in division	152215
(D)(7)(b) of this section.	152216

(ii) For the state-supported university regional campuses, in	152217
fiscal year 2014 the Chancellor of the Board of Regents shall	152218
compute the uniform state share of instructional costs by dividing	152219
the sector level appropriation, as determined by the Chancellor in	152220
division (A)(2) of the section of this act entitled "STATE SHARE	152221
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	152222
pursuant to division (B) of that section by the sum of all	152223
campuses' instructional costs as calculated in division (D)(7)(b)	152224
of this section.	152225

(iii) For the state-supported university main campuses, in	152226
fiscal year 2014 the Chancellor of the Board of Regents shall	152227
compute the uniform state share of instructional costs by dividing	152228
the sector level appropriation, as determined by the Chancellor in	152229
division (A)(3) of the section of this act entitled "STATE SHARE	152230
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	152231
pursuant to division (B) of that section, less the degree	152232
attainment funding as calculated in divisions (D)(3) to (6) of	152233
this section, less the doctoral set-aside, less the medical I	152234
set-aside, and less the medical II set-aside, by the sum of all	152235
campuses' instructional costs as calculated in division (D)(7)(b)	152236
of this section.	152237

(iv) For the state university regional and main campuses, in	152238
fiscal year 2015 the Chancellor of the Board of Regents shall	152239
compute the uniform state share of instructional costs by dividing	152240
the university appropriation, as determined by the Chancellor in	152241
division (A)(3) of the section of this act entitled "STATE SHARE	152242
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	152243
pursuant to division (B) of that section, less the degree	152244
attainment funding as calculated in divisions (D)(3) to (6) of	152245
this section, less the doctoral set-aside, less the medical I	152246
set-aside, and less the medical II set-aside, by the sum of all	152247
campuses' instructional costs as calculated in division (D)(7)(b)	152248
of this section.	152249

(c) The formula entitlement shall be determined by	152250
multiplying the uniform state share of instructional costs	152251
calculated in division (D)(7)(c) of this section by the	152252
instructional cost determined in division (D)(7)(b) of this	152253
section.	152254

(8) In addition to the student success allocation, doctoral	152255
set-aside, medical I set-aside, medical II set-aside, and the	152256
degree attainment allocation determined in divisions (D)(1) to (6)	152257
of this section and the formula entitlement determined in division	152258
(D)(7) of this section, an allocation based on facility-based	152259
plant operations and maintenance (POM) subsidy shall be made. For	152260
each eligible university main campus, the amount of the POM	152261
allocation in each fiscal year shall be distributed based on what	152262
each campus received in the fiscal year 2009 POM allocation.	152263

Any POM allocations required by this division shall be funded	152264
by proportionately reducing formula entitlement earnings,	152265
including the POM allocations, for all campuses in that sector.	152266

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	152267
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	152268

In addition to and after the adjustments noted above, in	152269
fiscal year 2014, no community college, state community college,	152270
or technical college shall receive a state share of instruction	152271
allocation that is less than 97 per cent of the prior year's state	152272
share of instruction earnings. Funds shall be made available to	152273
support this allocation by proportionately reducing formula	152274
entitlement earnings from those campuses, within the community,	152275
state community, and technical college sector, that are not	152276
receiving stability funding.	152277

(10) CAPITAL COMPONENT DEDUCTION

152278

After all other adjustments have been made, state share of	152279
instruction earnings shall be reduced for each campus by the	152280
amount, if any, by which debt service charged in Am. H.B. 748 of	152281
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	152282
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	152283
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	152284
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	152285
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	152286
562 of the 127th General Assembly for that campus exceeds that	152287
campus's capital component earnings. The sum of the amounts	152288
deducted shall be transferred to appropriation item 235552,	152289
Capital Component, in each fiscal year.	152290

(E) EXCEPTIONAL CIRCUMSTANCES

152291

Adjustments may be made to the state share of instruction	152292
payments and other subsidies distributed by the Chancellor of the	152293
Board of Regents to state colleges and universities for	152294
exceptional circumstances. No adjustments for exceptional	152295
circumstances may be made without the recommendation of the	152296
Chancellor and the approval of the Controlling Board.	152297

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	152298
INSTRUCTION	152299

The standard provisions of the state share of instruction	152300
calculation as described in the preceding sections of temporary	152301
law shall apply to any reductions made to appropriation item	152302
235501, State Share of Instruction, before the Chancellor of the	152303
Board of Regents has formally approved the final allocation of the	152304
state share of instruction funds for any fiscal year.	152305

Any reductions made to appropriation item 235501, State Share	152306
of Instruction, after the Chancellor of the Board of Regents has	152307
formally approved the final allocation of the state share of	152308
instruction funds for any fiscal year, shall be uniformly applied	152309
to each campus in proportion to its share of the final allocation.	152310

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

152311

The state share of instruction payments to the institutions	152312
shall be in substantially equal monthly amounts during the fiscal	152313
year, unless otherwise determined by the Director of Budget and	152314
Management pursuant to section 126.09 of the Revised Code.	152315
Payments during the first six months of the fiscal year shall be	152316
based upon the state share of instruction appropriation estimates	152317
made for the various institutions of higher education according to	152318
the Chancellor of the Board of Regents enrollment, completion, and	152319
performance estimates. Payments during the last six months of the	152320
fiscal year shall be distributed after approval of the Controlling	152321
Board upon the request of the Chancellor.	152322

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	152323
STATE SHARE OF INSTRUCTION FORMULAS	152324

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	152325
COLLEGES	152326

Community college presidents, or their designees, in	152327
consultation with the Chancellor of the Board of Regents, shall	152328
study the most appropriate formula weights for students who come	152329
from "at-risk" populations and recommend how they may be used to	152330
determine allocations of appropriations to community colleges from	152331
appropriation item 235501, State Share of Instruction, in fiscal	152332
year 2015. The study shall identify the socio-economic,	152333
demographic, academic, personal, and other factors that identify a	152334
student as being "at-risk" of academic failure, and recommend how	152335
these factors may be used to determine allocations of the State	152336
Share of Instruction for community colleges in fiscal year 2015.	152337
The study shall be completed by December 31, 2013. Notwithstanding	152338
any provision of law to the contrary, community college	152339
presidents, or their designees, in consultation with the	152340
Chancellor of the Board of Regents, shall use the results of the	152341
study to recommend changes in the determination of the	152342
distribution of the community college allocations beginning in	152343
fiscal year 2015 and shall report any such formula change	152344
recommendations to the Governor, the General Assembly, and the	152345
Office of Budget and Management not later than February 15, 2014.	152346

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	152347
MEASURES FOR COMMUNITY COLLEGES	152348

Community college presidents, or their designees, in	152349
consultation with the Chancellor of the Board of Regents, shall	152350
study the most appropriate formula weights for the "success	152351
points" and completion performance measures used in the allocation	152352
of appropriations to community colleges from appropriation item	152353
235501, State Share of Instruction, in fiscal year 2015. The study	152354
shall research the most appropriate success points and completion	152355
measures that occur during the academic career of community	152356
college students and recommend revisions to the current State	152357
Share of Instruction model to fund achievement of the success	152358
points beginning in fiscal year 2015. In addition, community	152359
college presidents, or their designees, in consultation with the	152360
Chancellor of the Board of Regents, shall determine how the	152361
community college's fiscal year 2015 share of State Share of	152362
Instruction funding shall be distributed among its success points,	152363
completion measures and course completion funding, or other	152364
performance and access measures. The study shall be completed by	152365
December 31, 2013. Notwithstanding any provision of law to the	152366
contrary, community college presidents, or their designees, in	152367
consultation with the Chancellor of the Board of Regents, shall	152368
use the results of the study to recommend changes in the	152369
determination of the distribution of the community college	152370
allocations beginning in fiscal year 2015 and shall report any	152371
such formula change recommendations to the Governor, the General	152372
Assembly, and the Office of Budget and Management not later than	152373
February 15, 2014.	152374

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	152375
2014 AND 2015	152376

(A) The foregoing appropriation item 235501, State Share of	152377
Instruction, shall be distributed according to the section of this	152378
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	152379

(1) Of the foregoing appropriation item 235501, State Share	152380
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	152381
in fiscal year 2015 shall be distributed to state-supported	152382
community colleges, state community colleges, and technical	152383
colleges.	152384

(2) Of the foregoing appropriation item 235501, State Share	152385
of Instruction, $1,372,968,020 in fiscal year 2014 and	152386
$1,399,124,069 in fiscal year 2015 shall be distributed to	152387
state-supported university main and regional campuses.	152388

(B) Of the amounts earmarked in division (A)(2) of this	152389
section:	152390

(1) $116,181,104 in fiscal year 2014 shall be distributed to	152391
state university regional campuses.	152392

(2) $3,923,764 in each fiscal year shall be distributed to	152393
university main campuses based on each campus's share of the	152394
appropriation item 235418, Access Challenge, in fiscal year 2009.	152395

(C) The POM adjustment in division (D)(7) of the section of	152396
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	152397
Access Challenge earmark in division (B) of this section shall	152398
expire on June 30, 2015.	152399

(D) The state share of instruction payments to the	152400
institutions shall be in substantially equal monthly amounts	152401
during the fiscal year, unless otherwise determined by the	152402
Director of Budget and Management pursuant to section 126.09 of	152403
the Revised Code. Payments during the last six months of the	152404
fiscal year shall be distributed after approval of the Controlling	152405
Board upon the request of the Chancellor of the Board of Regents.	152406

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	152407
UNIVERSITIES	152408

Notwithstanding any provision of law to the contrary, in	152409
consultation with the Chancellor of the Board of Regents, a	152410
state-supported university may request to transfer its fiscal year	152411
2014 state share of instruction subsidy allocations of the	152412
foregoing appropriation item 235501, State Share of Instruction,	152413
between a university main campus and any university branch campus	152414
for which the university main campus is affiliated to best	152415
accomplish institutional goals and objectives. At the request of	152416
the Chancellor of the Board of Regents, the Director of Budget and	152417
Management may transfer the requested amounts of state share of	152418
instruction appropriation allocations between affiliated	152419
university branch campuses and university main campuses.	152420

Section 363.213. STATE SHARE OF INSTRUCTION BRIDGE FUNDING

152421

The foregoing appropriation item 235505, State Share of	152422
Instruction Bridge Funding, shall be used by the Chancellor to	152423
supplement each campus receiving a State Share of Instruction	152424
allocation in fiscal year 2014 that is lower than that campus's	152425
State Share of Instruction allocation in fiscal year 2013.	152426

(A) For fiscal year 2014, the Chancellor shall pay temporary	152427
allocations from the foregoing appropriation item 235505, State	152428
Share of Instruction Bridge Funding, to any campus that	152429
experiences any decrease in its State Share of Instruction	152430
funding.	152431

(1) The amount of the temporary allocation payments for all	152432
state institution campuses except Central State University and	152433
Shawnee State University shall be equal to the difference between	152434
the campus's State Share of Instruction funding allocation for	152435
fiscal year 2013, as determined under the formula detailed in	152436
sections 371.20.50 and 371.20.60 of Am. Sub. H.B. 153 of the 129th	152437
General Assembly, and the campus's State Share of Instruction	152438
funding allocation for fiscal year 2014, as determined under the	152439
formula detailed in sections 363.190 and 363.200 of this act. If	152440
the computation made under this division results in a negative	152441
number, the campus's payment under this division shall be zero.	152442

(2) The amount of the temporary allocation payments for	152443
Central State University shall be equal to the difference between	152444
(a) Central State University's State Share of Instruction funding	152445
allocation for fiscal year 2013, as determined under the State	152446
Share of Instruction formula detailed in sections 371.20.50 and	152447
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	152448
combined with the fiscal year 2013 appropriation for appropriation	152449
item 235514, Central State Supplement, in section 371.10 of Am.	152450
Sub. H.B. 153 of the 129th General Assembly, and (b) Central State	152451
University's State Share of Instruction funding allocation for	152452
fiscal year 2014, as determined under the formula detailed in	152453
sections 363.190 and 363.200 of this act, combined with the fiscal	152454
year 2014 appropriation for the foregoing appropriation item	152455
235514, Central State Supplement. If the computation made under	152456
this division results in a negative number, Central State	152457
University's payment under this division shall be zero.	152458

(3) The amount of the temporary allocation payments for	152459
Shawnee State University shall be equal to the difference between	152460
(a) Shawnee State University's State Share of Instruction funding	152461
allocation for fiscal year 2013, as determined under the State	152462
Share of Instruction formula detailed in sections 371.20.50 and	152463
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	152464
combined with the fiscal year 2013 appropriation for appropriation	152465
item 235520, Shawnee State Supplement, in section 371.10 of Am.	152466
Sub. H.B. 153 of the 129th General Assembly, and (b) Shawnee State	152467
University's State Share of Instruction funding allocation for	152468
fiscal year 2014, as determined under the formula detailed in	152469
sections 363.190 and 363.200 of this act, combined with the fiscal	152470
year 2014 appropriation for the foregoing appropriation item	152471
235514, Shawnee State Supplement. If the computation made under	152472
this division results in a negative number, Shawnee State	152473
University's payment under this division shall be zero.	152474

(B) In each fiscal year, the Chancellor shall not distribute	152475
an amount greater than what is appropriated under the foregoing	152476
appropriation item 235505, State Share of Instruction Bridge	152477
Funding. If the Chancellor determines that the amounts	152478
appropriated for support of the State Share of Instruction Bridge	152479
Funding program are inadequate to provide full temporary	152480
allocation payments to all eligible campuses, the Chancellor shall	152481
proportionally reduce payment amounts.	152482

Section 363.220. RESTRICTION ON FEE INCREASES

152483

The boards of trustees of state institutions of higher	152484
education shall restrain increases in in-state undergraduate	152485
instructional and general fees. Each state university and the	152486
Northeast Ohio Medical University shall not increase its in-state	152487
undergraduate instructional and general fees by more than 2.0 per	152488
cent or $188, whichever is higher, over what the institution	152489
charged for the preceding academic year.	152490

Each university regional campus shall not increase its	152491
in-state undergraduate instructional and general fees by more than	152492
2.0 per cent or $114, whichever is higher, over what the	152493
institution charged for the preceding academic year.	152494

Each community college, state community college, and	152495
technical college shall not increase its in-state undergraduate	152496
instructional and general fees by more than $100 over what the	152497
institution charged for the preceding academic year.	152498

These limitations shall not apply to increases required to	152499
comply with institutional covenants related to their obligations	152500
or to meet unfunded legal mandates or legally binding obligations	152501
incurred or commitments made prior to the effective date of this	152502
section with respect to which the institution had identified such	152503
fee increases as the source of funds. Any increase required by	152504
such covenants and any such mandates, obligations, or commitments	152505
shall be reported by the Chancellor of the Board of Regents to the	152506
Controlling Board. These limitations may also be modified by the	152507
Chancellor of the Board of Regents, with the approval of the	152508
Controlling Board, to respond to exceptional circumstances as	152509
identified by the Chancellor of the Board of Regents.	152510

These limitations shall not apply to institutions	152511
participating in an undergraduate tuition guarantee program	152512
pursuant to section 3345.48 of the Revised Code.	152513

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

152514

(A) Funds appropriated for instructional subsidies at	152515
colleges and universities may be used to provide such branch or	152516
other off-campus undergraduate courses of study and such master's	152517
degree courses of study as may be approved by the Chancellor of	152518
the Board of Regents.	152519

(B) In providing instructional and other services to	152520
students, boards of trustees of state institutions of higher	152521
education shall supplement state subsidies with income from	152522
charges to students. Except as otherwise provided in this act,	152523
each board shall establish the fees to be charged to all students,	152524
including an instructional fee for educational and associated	152525
operational support of the institution and a general fee for	152526
noninstructional services, including locally financed student	152527
services facilities used for the benefit of enrolled students. The	152528
instructional fee and the general fee shall encompass all charges	152529
for services assessed uniformly to all enrolled students. Each	152530
board may also establish special purpose fees, service charges,	152531
and fines as required; such special purpose fees and service	152532
charges shall be for services or benefits furnished individual	152533
students or specific categories of students and shall not be	152534
applied uniformly to all enrolled students. A tuition surcharge	152535
shall be paid by all students who are not residents of Ohio.	152536

The board of trustees of a state institution of higher	152537
education shall not authorize a waiver or nonpayment of	152538
instructional fees or general fees for any particular student or	152539
any class of students other than waivers specifically authorized	152540
by law or approved by the Chancellor. This prohibition is not	152541
intended to limit the authority of boards of trustees to provide	152542
for payments to students for services rendered the institution,	152543
nor to prohibit the budgeting of income for staff benefits or for	152544
student assistance in the form of payment of such instructional	152545
and general fees.	152546

Each state institution of higher education in its statement	152547
of charges to students shall separately identify the instructional	152548
fee, the general fee, the tuition charge, and the tuition	152549
surcharge. Fee charges to students for instruction shall not be	152550
considered to be a price of service but shall be considered to be	152551
an integral part of the state government financing program in	152552
support of higher educational opportunity for students.	152553

(C) The boards of trustees of state institutions of higher	152554
education shall ensure that faculty members devote a proper and	152555
judicious part of their work week to the actual instruction of	152556
students. Total class credit hours of production per academic term	152557
per full-time faculty member is expected to meet the standards set	152558
forth in the budget data submitted by the Chancellor of the Board	152559
of Regents.	152560

(D) The authority of government vested by law in the boards	152561
of trustees of state institutions of higher education shall in	152562
fact be exercised by those boards. Boards of trustees may consult	152563
extensively with appropriate student and faculty groups.	152564
Administrative decisions about the utilization of available	152565
resources, about organizational structure, about disciplinary	152566
procedure, about the operation and staffing of all auxiliary	152567
facilities, and about administrative personnel shall be the	152568
exclusive prerogative of boards of trustees. Any delegation of	152569
authority by a board of trustees in other areas of responsibility	152570
shall be accompanied by appropriate standards of guidance	152571
concerning expected objectives in the exercise of such delegated	152572
authority and shall be accompanied by periodic review of the	152573
exercise of this delegated authority to the end that the public	152574
interest, in contrast to any institutional or special interest,	152575
shall be served.	152576

Section 363.240. STUDENT SUPPORT SERVICES

152577

The foregoing appropriation item 235502, Student Support	152578
Services, shall be distributed by the Chancellor of the Board of	152579
Regents to Ohio's state colleges and universities that incur	152580
disproportionate costs in the provision of support services to	152581
disabled students.	152582

Section 363.250. WAR ORPHANS SCHOLARSHIPS

152583

The foregoing appropriation item 235504, War Orphans	152584
Scholarships, shall be used to reimburse state institutions of	152585
higher education for waivers of instructional fees and general	152586
fees provided by them, to provide grants to institutions that have	152587
received a certificate of authorization from the Chancellor of the	152588
Board of Regents under Chapter 1713. of the Revised Code, in	152589
accordance with the provisions of section 5910.04 of the Revised	152590
Code, and to fund additional scholarship benefits provided by	152591
section 5910.032 of the Revised Code.	152592

Section 363.253. OHIO STRATEGIC TRAINING CENTER

152593

The foregoing appropriation item 235506, Ohio Strategic	152594
Training Center, shall be used for a demonstration project to	152595
purchase portable welding stations made from large shipping	152596
containers and high level advanced training equipment for use at	152597
the Point Industrial Park in South Point.	152598

Section 363.260. OHIOLINK

152599

The foregoing appropriation item 235507, OhioLINK, shall be	152600
used by the Chancellor of the Board of Regents to support	152601
OhioLINK, a consortium organized under division (T) of section	152602
3333.04 of the Revised Code to serve as the state's electronic	152603
library information and retrieval system, which provides access	152604
statewide to an extensive set of electronic databases and	152605
resources, the library holdings of Ohio's public and participating	152606
private nonprofit colleges and universities, and the State Library	152607
of Ohio.	152608

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

152609

The foregoing appropriation item 235508, Air Force Institute	152610
of Technology, shall be used to: (A) strengthen the research and	152611
educational linkages between the Wright Patterson Air Force Base	152612
and institutions of higher education in Ohio; and (B) support the	152613
Dayton Area Graduate Studies Institute, an engineering graduate	152614
consortium of Wright State University, the University of Dayton,	152615
and the Air Force Institute of Technology, with the participation	152616
of the University of Cincinnati and The Ohio State University.	152617

Section 363.280. OHIO SUPERCOMPUTER CENTER

152618

The foregoing appropriation item 235510, Ohio Supercomputer	152619
Center, shall be used by the Chancellor of the Board of Regents to	152620
support the operation of the Ohio Supercomputer Center, a	152621
consortium organized under division (T) of section 3333.04 of the	152622
Revised Code, located at The Ohio State University. The Ohio	152623
Supercomputer Center is a statewide resource available to Ohio	152624
research universities both public and private. It is also intended	152625
that the center be made accessible to private industry as	152626
appropriate.	152627

Funds shall be used, in part, to support the Ohio	152628
Supercomputer Center's Computational Science Initiative, which	152629
includes its industrial outreach program, Blue Collar Computing,	152630
and its School of Computational Science. These collaborations	152631
between the Ohio Supercomputer Center and Ohio's colleges and	152632
universities shall be aimed at making Ohio a leader in using	152633
computer modeling to promote economic development.	152634

Section 363.290. COOPERATIVE EXTENSION SERVICE

152635

The foregoing appropriation item 235511, Cooperative	152636
Extension Service, shall be disbursed through the Chancellor of	152637
the Board of Regents to The Ohio State University in monthly	152638
payments, unless otherwise determined by the Director of Budget	152639
and Management under section 126.09 of the Revised Code.	152640

Of the foregoing appropriation item 235511, Cooperative	152641
Extension Service, up to $30,000 in fiscal year 2014 shall be used	152642
to develop an in-school agriculturally based curriculum for	152643
inclusion within the regular classroom curriculum of an elementary	152644
school in the Cleveland Municipal School District and the	152645
Cincinnati City School District.	152646

Of the foregoing appropriation item 235511, Cooperative	152647
Extension Service, up to $73,450 in each fiscal year shall be used	152648
to support a City of Cleveland Program Manager tasked with	152649
preparing regular classroom teachers in one elementary school to	152650
recruit and train volunteers for an after-school 4-H Club.	152651

Of the foregoing appropriation item 235511, Cooperative	152652
Extension Service, $73,450 in each fiscal year shall be used to	152653
support a City of Cincinnati Program Manager tasked with preparing	152654
regular classroom teachers in one elementary school to recruit and	152655
train volunteers for an after-school 4-H Club.	152656

Section 363.300. CENTRAL STATE SUPPLEMENT

152657

The foregoing appropriation item 235514, Central State	152658
Supplement, shall be disbursed by the Chancellor of the Board of	152659
Regents to Central State University in accordance with the plan	152660
developed by the Chancellor and submitted to the Governor and the	152661
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	152662
General Assembly. Funds shall be used in a manner consistent with	152663
the goals of increasing enrollment, improving course completion,	152664
and increasing the number of degrees conferred.	152665

The Chancellor shall monitor the implementation of the plan	152666
and the use of funds. Central State University shall provide any	152667
information requested by the Chancellor related to the	152668
implementation of the plan. If the Chancellor determines that	152669
Central State University's use of supplemental funds is not in	152670
accordance with the plan or if the plan is not having the desired	152671
effect, the Chancellor may notify Central State University that	152672
the plan is suspended. Upon receiving such notice, Central State	152673
University shall avoid all unnecessary expenditures under the	152674
plan. The Chancellor shall notify the Controlling Board of the	152675
suspension of the plan and within sixty days prepare a new plan	152676
for the use of any remaining funds.	152677

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	152678
MEDICINE	152679

The foregoing appropriation item 235515, Case Western Reserve	152680
University School of Medicine, shall be disbursed to Case Western	152681
Reserve University through the Chancellor of the Board of Regents	152682
in accordance with agreements entered into under section 3333.10	152683
of the Revised Code, provided that the state support per full-time	152684
medical student shall not exceed that provided to full-time	152685
medical students at state universities.	152686

Section 363.320. FAMILY PRACTICE

152687

The Chancellor of the Ohio Board of Regents shall develop	152688
plans consistent with existing criteria and guidelines as may be	152689
required for the distribution of appropriation item 235519, Family	152690
Practice.	152691

Section 363.330. SHAWNEE STATE SUPPLEMENT

152692

The foregoing appropriation item 235520, Shawnee State	152693
Supplement, shall be disbursed by the Chancellor of the Board of	152694
Regents to Shawnee State University in accordance with the plan	152695
developed by the Chancellor and submitted to the Governor and the	152696
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	152697
General Assembly. Funds shall be used in a manner consistent with	152698
the goals of improving course completion, increasing the number of	152699
degrees conferred, and furthering the university's mission of	152700
service to the Appalachian region.	152701

The Chancellor shall monitor the implementation of the plan	152702
and the use of funds. Shawnee State University shall provide any	152703
information requested by the Chancellor related to the	152704
implementation of the plan. If the Chancellor determines that	152705
Shawnee State University's use of supplemental funds is not in	152706
accordance with the plan or if the plan is not having the desired	152707
effect, the Chancellor may notify Shawnee State University that	152708
the plan is suspended. Upon receiving such notice, Shawnee State	152709
University shall avoid all unnecessary expenditures under the	152710
plan. The Chancellor shall notify the Controlling Board of the	152711
suspension of the plan and within sixty days prepare a new plan	152712
for the use of any remaining funds.	152713

Section 363.333. YOUTH STEM COMMERCIALIZATION AND	152714
ENTREPRENEURSHIP PROGRAM	152715

The foregoing appropriation item 235523, Youth STEM	152716
Commercialization and Entrepreneurship Program, shall be used by	152717
the Chancellor of the Ohio Board of Regents to support the Youth	152718
STEM Commercialization and Entrepreneurship Program. The purpose	152719
of this program is to grow Ohio's next generation of	152720
entrepreneurs, to create jobs in Ohio by focusing on the practical	152721
application of science, technology, engineering, and mathematics	152722
(STEM), including medicine and health fields, and to innovate new	152723
products and services. The Youth STEM Commercialization and	152724
Entrepreneurship Program shall (1) conduct regional STEM forums	152725
for students and educators; (2) develop regional online high	152726
school and collegiate STEM commercialization and entrepreneurship	152727
content and courses; (3) create a statewide STEM commercialization	152728
and entrepreneurship mentoring network available to high school	152729
students anywhere in Ohio; and (4) conduct a statewide STEM	152730
Commercialization and Entrepreneurship Plan competition that	152731
includes incentive awards and scholarships for students and	152732
professional development and incentives for teacher participation.	152733
The competition and all aspects of the program shall be open to	152734
any Ohio high school student and shall include initiatives to	152735
engage minority, rural, and economically disadvantaged students	152736
anywhere in Ohio. The Youth STEM Commercialization and	152737
Entrepreneurship Program shall collaborate with Ohio's colleges	152738
and universities, existing STEM and entrepreneurship programs, and	152739
Ohio's STEM professional and trade associations to implement these	152740
provisions and to create the new products or services of the	152741
future, advance job creation in Ohio, and encourage enrollment at	152742
Ohio institutions of higher education.	152743

Section 363.340. POLICE AND FIRE PROTECTION

152744

The foregoing appropriation item 235524, Police and Fire	152745
Protection, shall be used for police and fire services in the	152746
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	152747
Portsmouth, Xenia Township (Greene County), Rootstown Township,	152748
and the City of Nelsonville that may be used to assist these local	152749
governments in providing police and fire protection for the	152750
central campus of the state-affiliated university located therein.	152751

Section 363.350. GERIATRIC MEDICINE

152752

The Chancellor of the Board of Regents shall develop plans	152753
consistent with existing criteria and guidelines as may be	152754
required for the distribution of appropriation item 235525,	152755
Geriatric Medicine.	152756

Section 363.360. PRIMARY CARE RESIDENCIES

152757

The Chancellor of the Board of Regents shall develop plans	152758
consistent with existing criteria and guidelines as may be	152759
required for the distribution of appropriation item 235526,	152760
Primary Care Residencies.	152761

The foregoing appropriation item 235526, Primary Care	152762
Residencies, shall be distributed in each fiscal year of the	152763
biennium, based on whether or not the institution has submitted	152764
and gained approval for a plan. If the institution does not have	152765
an approved plan, it shall receive five per cent less funding per	152766
student than it would have received from its annual allocation.	152767
The remaining funding shall be distributed among those	152768
institutions that meet or exceed their targets.	152769

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	152770
CENTER	152771

The foregoing appropriation item 235535, Ohio Agricultural	152772
Research and Development Center, shall be disbursed through the	152773
Chancellor of the Board of Regents to The Ohio State University in	152774
monthly payments, unless otherwise determined by the Director of	152775
Budget and Management under section 126.09 of the Revised Code.	152776
The Ohio Agricultural Research and Development Center shall not be	152777
required to remit payment to The Ohio State University during the	152778
biennium ending June 30, 2015, for cost reallocation assessments.	152779
The cost reallocation assessments include, but are not limited to,	152780
any assessment on state appropriations to the Center.	152781

The Ohio Agricultural Research and Development Center, an	152782
entity of the College of Food, Agricultural, and Environmental	152783
Sciences of The Ohio State University, shall further its mission	152784
of enhancing Ohio's economic development and job creation by	152785
continuing to internally allocate on a competitive basis	152786
appropriated funding of programs based on demonstrated	152787
performance. Academic units, faculty, and faculty-driven programs	152788
shall be evaluated and rewarded consistent with agreed-upon	152789
performance expectations as called for in the College's	152790
Expectations and Criteria for Performance Assessment.	152791

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

152792

The foregoing appropriation items 235536, The Ohio State	152793
University Clinical Teaching; 235537, University of Cincinnati	152794
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	152795
235539, Wright State University Clinical Teaching; 235540, Ohio	152796
University Clinical Teaching; and 235541, Northeast Ohio Medical	152797
University Clinical Teaching, shall be distributed through the	152798
Chancellor of the Board of Regents.	152799

Section 363.390. CAPITAL COMPONENT

152800

The foregoing appropriation item 235552, Capital Component,	152801
shall be used by the Chancellor of the Board of Regents to provide	152802
funding for prior commitments made pursuant to the state's former	152803
capital funding policy for state colleges and universities that	152804
was originally established in Am. H.B. 748 of the 121st General	152805
Assembly. Appropriations from this item shall be distributed to	152806
all campuses for which the estimated campus debt service	152807
attributable to qualifying capital projects was less than the	152808
campus's formula-determined capital component allocation. Campus	152809
allocations shall be determined by subtracting the estimated	152810
campus debt service attributable to qualifying capital projects	152811
from the campus's formula-determined capital component allocation.	152812
Moneys distributed from this appropriation item shall be	152813
restricted to capital-related purposes.	152814

Any campus for which the estimated campus debt service	152815
attributable to qualifying capital projects is greater than the	152816
campus's formula-determined capital component allocation shall	152817
have the difference subtracted from its State Share of Instruction	152818
allocation in each fiscal year. Appropriation equal to the sum of	152819
all such amounts except that of the Ohio Agricultural Research and	152820
Development Center shall be transferred from appropriation item	152821
235501, State Share of Instruction, to appropriation item 235552,	152822
Capital Component. Appropriation equal to any estimated Ohio	152823
Agricultural Research and Development Center debt service	152824
attributable to qualifying capital projects that is greater than	152825
the Center's formula-determined capital component allocation shall	152826
be transferred from appropriation item 235535, Ohio Agricultural	152827
Research and Development Center, to appropriation item 235552,	152828
Capital Component.	152829

Section 363.400. LIBRARY DEPOSITORIES

152830

The foregoing appropriation item, 235555, Library	152831
Depositories, shall be distributed to the state's five regional	152832
depository libraries for the cost-effective storage of and access	152833
to lesser-used materials in university library collections. The	152834
depositories shall be administrated by the Chancellor of the Board	152835
of Regents, or by OhioLINK at the discretion of the Chancellor.	152836

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

152837

The foregoing appropriation item 235556, Ohio Academic	152838
Resources Network, shall be used by the Chancellor of the Board of	152839
Regents to support the operations of the Ohio Academic Resources	152840
Network, a consortium organized under division (T) of section	152841
3333.04 of the Revised Code, which shall include support for	152842
Ohio's colleges and universities in maintaining and enhancing	152843
network connections, using new network technologies to improve	152844
research, education, and economic development programs, and	152845
sharing information technology services. To the extent network	152846
capacity is available, OARnet shall support allocating bandwidth	152847
to eligible programs directly supporting Ohio's economic	152848
development.	152849

Section 363.420. LONG-TERM CARE RESEARCH

152850

The foregoing appropriation item 235558, Long-term Care	152851
Research, shall be disbursed to Miami University for long-term	152852
care research.	152853

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

152854

(A) Except as provided in division (C) of this section:

152855

Of the foregoing appropriation item 235563, Ohio College	152856
Opportunity Grant, $41,000,000 in each fiscal year shall be used	152857
by the Chancellor of the Board of Regents to award need-based	152858
financial aid to students enrolled in eligible four-year public	152859
institutions of higher education, excluding early college high	152860
school and post-secondary enrollment option participants.	152861

Of the foregoing appropriation item 235563, Ohio College	152862
Opportunity Grant, $41,000,000 in each fiscal year shall be used	152863
by the Chancellor of the Board of Regents to award need-based	152864
financial aid to students enrolled in eligible private nonprofit	152865
institutions of higher education, excluding early college high	152866
school and post-secondary enrollment option participants.	152867

The remainder of the foregoing appropriation item 235563,	152868
Ohio College Opportunity Grant, shall be used by the Chancellor of	152869
the Board of Regents to award needs-based financial aid to	152870
students enrolled in eligible private for-profit career colleges	152871
and schools.	152872

(B)(1) As used in this section:

152873

(a) "Eligible institution" means any institution described in	152874
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	152875
Code.	152876

(b) The three "sectors" of institutions of higher education	152877
consist of the following:	152878

(i) State colleges and universities, community colleges,	152879
state community colleges, university branches, and technical	152880
colleges;	152881

(ii) Eligible private nonprofit institutions of higher	152882
education;	152883

(iii) Eligible private for-profit career colleges and	152884
schools.	152885

(2) If the Chancellor determines that the amounts	152886
appropriated for support of the Ohio College Opportunity Grant	152887
program are inadequate to provide grants to all eligible students	152888
as calculated under division (D) of section 3333.122 of the	152889
Revised Code, the Chancellor may create a distribution formula for	152890
fiscal year 2014 and fiscal year 2015 based on the formula used in	152891
fiscal year 2013, or may follow methods established in division	152892
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	152893
Chancellor shall notify the Controlling Board of the distribution	152894
method. Any formula calculated under this division shall be	152895
complete and established to coincide with the start of the	152896
2013-2014 academic year.	152897

(C) Prior to determining the amount of funds available to	152898
award under this section and section 3333.122 of the Revised Code,	152899
the Chancellor shall use the foregoing appropriation item 235563,	152900
Ohio College Opportunity Grant, to pay for renewals or partial	152901
renewals of scholarships students receive under the Ohio Academic	152902
Scholarship Program under sections 3333.21 and 3333.22 of the	152903
Revised Code. In paying for scholarships under this division, the	152904
Chancellor shall deduct funds from the allocations made under	152905
division (A) of this section. Deductions shall be proportionate to	152906
the amounts allocated to each sector from the total amounts	152907
appropriated for each sector under the foregoing appropriation	152908
item 235563, Ohio College Opportunity Grant.	152909

In each fiscal year, with the exception of sections 3333.121	152910
and 3333.124 of the Revised Code and Section 363.530 of this act,	152911
the Chancellor shall not distribute or obligate or commit to be	152912
distributed an amount greater than what is appropriated under the	152913
foregoing appropriation item 235563, Ohio College Opportunity	152914
Grant.	152915

(D) The Chancellor shall establish, and post on the Ohio	152916
Board of Regents' web site, award tables based on any formulas	152917
created under division (B) of this section. The Chancellor shall	152918
notify students and institutions of any reductions in awards under	152919
this section.	152920

On or before August 31, 2013, the Chancellor of the Board of	152921
Regents shall submit award tables to the Controlling Board for the	152922
2013-2014 academic year and allocations of Ohio College	152923
Opportunity Grant awards not already specified in section 3333.122	152924
of the Revised Code.	152925

(E) Notwithstanding section 3333.122 of the Revised Code, no	152926
student shall be eligible to receive an Ohio College Opportunity	152927
Grant for more than ten semesters, fifteen quarters, or the	152928
equivalent of five academic years, less the number of semesters or	152929
quarters in which the student received an Ohio Instructional	152930
Grant.	152931

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

152932

The foregoing appropriation item 235572, The Ohio State	152933
University Clinic Support, shall be distributed through the	152934
Chancellor of the Board of Regents to The Ohio State University	152935
for support of dental and veterinary medicine clinics.	152936

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

152937

The Chancellor of the Board of Regents shall disburse funds	152938
from appropriation item 235599, National Guard Scholarship	152939
Program. During each fiscal year, the Chancellor of the Board of	152940
Regents, within ten days of cancellation, may certify to the	152941
Director of Budget and Management the amount of canceled	152942
prior-year encumbrances in appropriation item 235599, National	152943
Guard Scholarship Program. Upon receipt of the certification, the	152944
Director of Budget and Management may transfer cash in an amount	152945
up to the amount certified from the General Revenue Fund to the	152946
National Guard Scholarship Reserve Fund (Fund 5BM0). The	152947
Chancellor of the Board of Regents shall seek Controlling Board	152948
approval to authorize additional expenditures for appropriation	152949
item 235623, National Guard Scholarship Reserve Fund. Upon	152950
approval of the Controlling Board, the additional amounts are	152951
hereby appropriated. The Chancellor of the Board of Regents shall	152952
disburse funds from appropriation item 235623, National Guard	152953
Scholarship Reserve Fund.	152954

Section 363.460. PLEDGE OF FEES

152955

Any new pledge of fees, or new agreement for adjustment of	152956
fees, made in the biennium ending June 30, 2015, to secure bonds	152957
or notes of a state institution of higher education for a project	152958
for which bonds or notes were not outstanding on the effective	152959
date of this section shall be effective only after approval by the	152960
Chancellor of the Board of Regents, unless approved in a previous	152961
biennium.	152962

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	152963
SERVICE	152964

The foregoing appropriation item 235909, Higher Education	152965
General Obligation Debt Service, shall be used to pay all debt	152966
service and related financing costs at the times they are required	152967
to be made during the period from July 1, 2013, through June 30,	152968
2015, for obligations issued under sections 151.01 and 151.04 of	152969
the Revised Code.	152970

Section 363.480. SALES AND SERVICES

152971

The Chancellor of the Board of Regents is authorized to	152972
charge and accept payment for the provision of goods and services.	152973
Such charges shall be reasonably related to the cost of producing	152974
the goods and services. Except as otherwise provided by law, no	152975
charges may be levied for goods or services that are produced as	152976
part of the routine responsibilities or duties of the Chancellor.	152977
All revenues received by the Chancellor of the Board of Regents	152978
shall be deposited into Fund 4560, and may be used by the	152979
Chancellor of the Board of Regents to pay for the costs of	152980
producing the goods and services.	152981

Section 363.483. CO-OP INTERNSHIP PROGRAM

152982

Of the foregoing appropriation item 235649, Co-op Internship	152983
Program, $200,000 in each fiscal year shall be used to support the	152984
Museum of Contemporary Art Cleveland fellowship program in	152985
collaboration with Cleveland State University.	152986

Of the foregoing appropriation item 235649, Co-op Internship	152987
Program, $75,000 in each fiscal year shall be used by the	152988
Chancellor of the Board of Regents to support the operations of	152989
Ohio University's Voinovich School.	152990

Of the foregoing appropriation item 235649, Co-op Internship	152991
Program, $75,000 in each fiscal year, shall be used by the	152992
Chancellor of the Board of Regents to support the operations of	152993
The Ohio State University's John Glenn School of Public Affairs.	152994

Of the foregoing appropriation item 235649, Co-op Internship	152995
Program, $75,000 in each fiscal year shall be used to support the	152996
Bliss Institute of Applied Politics at the University of Akron.	152997

Of the foregoing appropriation item 235649, Co-op Internship	152998
Program, $75,000 in each fiscal year shall be used to support the	152999
Center for Public Management and Regional Affairs at Miami	153000
University.	153001

Of the foregoing appropriation item 235649, Co-op Internship	153002
Program, $150,000 in each fiscal year shall be used to support the	153003
Washington Center Internship Program.	153004

Of the foregoing appropriation item 235649, Co-op Internship	153005
Program, $75,000 in each fiscal year shall be used to support the	153006
Ohio Center for the Advancement of Women in Public Service at the	153007
Maxine Goodman Levin College of Urban Affairs at Cleveland State	153008
University.	153009

Of the foregoing appropriation item 235649, Co-op Internship	153010
Program, $75,000 in each fiscal year shall be used to support the	153011
University of Cincinnati Internship Program.	153012

Of the foregoing appropriation item 235649, Co-op Internship	153013
Program, $75,000 in each fiscal year shall be used by the	153014
Chancellor of the Board of Regents to support the operations of	153015
the Center for Regional Development at Bowling Green State	153016
University.	153017

Of the foregoing appropriation item 235649, Co-op Internship	153018
Program, $75,000 in each fiscal year shall be used by the	153019
Chancellor of the Board of Regents to support the operations of	153020
the Institute for Defense Studies at Wright State University.	153021

Of the foregoing appropriation item 235649, Co-op Internship	153022
Program, $75,000 in each fiscal year shall be used to support the	153023
Kent State University Columbus Program.	153024

Of the foregoing appropriation item 235649, Co-op Internship	153025
Program, $75,000 in each fiscal year shall be used to support the	153026
University of Toledo Urban Affairs Center.	153027

Section 363.485. DEFENSE/AEROSPACE WORKFORCE DEVELOPMENT	153028
INITIATIVE	153029

The foregoing appropriation item 235668, Defense/Aerospace	153030
Workforce Development Initiative, shall be used by the	153031
Defense/Aerospace Graduate Studies Institute, to collaborate with	153032
the aviation, aerospace, and defense industries, to strengthen job	153033
training programs, equip Ohio's workforce with needed skills, and	153034
strengthen and grow research and educational linkages among Ohio's	153035
defense and aerospace aviation industry, federal agencies, and the	153036
University System of Ohio. A portion of the foregoing	153037
appropriation item 235668, Defense/Aerospace Workforce Development	153038
Initiative, shall be allocated to develop a strategic plan to	153039
align the University System of Ohio's research and workforce	153040
development assets with the workforce needs of public and private	153041
sector employers. A portion of these funds shall be used to	153042
support the Aerospace Professional Development Center to establish	153043
processes necessary to link underemployed or unemployed persons to	153044
job openings in these industries. The funds appropriated in this	153045
appropriation item shall be matched by private industry or	153046
educational partners or federal agencies in the aggregate amount	153047
of $4,000,000 over the FY 2014–FY 2015 biennium.	153048

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	153049
ADMINISTRATION	153050

The foregoing appropriation item 235602, Higher Educational	153051
Facility Commission Administration, shall be used by the	153052
Chancellor of the Board of Regents for operating expenses related	153053
to the Chancellor of the Board of Regents' support of the	153054
activities of the Ohio Higher Educational Facility Commission.	153055
Upon the request of the Chancellor, the Director of Budget and	153056
Management may transfer up to $29,100 cash in each fiscal year	153057
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	153058
Administration Fund (Fund 4E80).	153059

Section 363.500. NURSING LOAN PROGRAM

153060

The foregoing appropriation item 235606, Nursing Loan	153061
Program, shall be used to administer the nurse education	153062
assistance program. Up to $50,000 in each fiscal year may be used	153063
for operating expenses associated with the program. Any additional	153064
funds needed for the administration of the program are subject to	153065
Controlling Board approval.	153066

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

153067

Of the foregoing appropriation item 235674, Telecommunity and	153068
Distance Learning, up to $25,000 in each fiscal year shall be	153069
distributed by the Chancellor of the Board of Regents on a grant	153070
basis to eligible school districts to establish "distance	153071
learning" through interactive video technologies in the school	153072
district. Per agreements with eight Ohio local telephone	153073
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	153074
Telephone Company, Cincinnati Bell Telephone Company, Orwell	153075
Telephone Company, Sprint North Central Telephone, VERIZON, and	153076
Western Reserve Telephone Company, school districts are eligible	153077
for funds if they are within one of the listed telephone company	153078
service areas. Funds to administer the program shall be expended	153079
by the Chancellor of the Board of Regents up to the amount	153080
specified in the agreements with the listed telephone companies.	153081

Within thirty days after the effective date of this section,	153082
the Director of Budget and Management shall transfer to Fund 4X10	153083
in the State Special Revenue Fund Group any investment earnings	153084
from moneys paid by any telephone company as part of any	153085
settlement agreement between the listed companies and the Public	153086
Utilities Commission in fiscal years 1996 and beyond.	153087

Of the foregoing appropriation item 235674, Telecommunity and	153088
Distance Learning, up to $24,150 in each fiscal year shall be	153089
distributed by the Chancellor of the Board of Regents on a grant	153090
basis to eligible school districts to establish "distance	153091
learning" in the school district. Per an agreement with Ameritech,	153092
school districts are eligible for funds if they are within an	153093
Ameritech service area. Funds to administer the program shall be	153094
expended by the Chancellor of the Board of Regents up to the	153095
amount specified in the agreement with Ameritech.	153096

Within thirty days after the effective date of this section,	153097
the Director of Budget and Management shall transfer to Fund 4X10	153098
in the State Special Revenue Fund Group any investment earnings	153099
from moneys paid by any telephone company as part of a settlement	153100
agreement between the company and the Public Utilities Commission	153101
in fiscal year 1995.	153102

Section 363.520. VETERANS PREFERENCES

153103

The Chancellor of the Board of Regents shall work with the	153104
Department of Veterans Services to develop specific veterans	153105
preference guidelines for higher education institutions. These	153106
guidelines shall ensure that the institutions' hiring practices	153107
are in accordance with the intent of Ohio's veterans preference	153108
laws.	153109

Section 363.530. STATE NEED-BASED FINANCIAL AID	153110
RECONCILIATION	153111

By the first day of August in each fiscal year, or as soon as	153112
possible thereafter, the Chancellor of the Board of Regents shall	153113
certify to the Director of Budget and Management the amount	153114
necessary to pay any outstanding prior year obligations to higher	153115
education institutions for the state's need-based financial aid	153116
programs. The amounts certified are hereby appropriated to	153117
appropriation item 235618, State Need-based Financial Aid	153118
Reconciliation, from revenues received in the State Need-based	153119
Financial Aid Reconciliation Fund (Fund 5Y50).	153120

Section 363.540. (A) As used in this section:

153121

(1) "Board of trustees" includes the managing authority of a	153122
university branch district.	153123

(2) "State institution of higher education" has the same	153124
meaning as in section 3345.011 of the Revised Code.	153125

(B) The board of trustees of any state institution of higher	153126
education, notwithstanding any rule of the institution to the	153127
contrary, may adopt a policy providing for mandatory furloughs of	153128
employees, including faculty, to achieve spending reductions	153129
necessitated by institutional budget deficits.	153130

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

153131

The Chancellor of the Board of Regents shall establish an	153132
efficiency advisory committee for the purpose of generating	153133
optimal efficiency plans for campuses, identifying shared services	153134
opportunities, and sharing best practices. The efficiency advisory	153135
committee shall also explore methods for reducing the costs for	153136
students for textbooks and other education resource materials. The	153137
committee shall meet at the call of the Chancellor or the	153138
Chancellor's designee, but at least quarterly. Each state	153139
institution of higher education shall designate an employee to	153140
serve as its efficiency officer responsible for the evaluation and	153141
improvement of operational efficiencies on campus. Each efficiency	153142
officer shall serve on the efficiency advisory committee.	153143

By December 31 of each year, the Efficiency Advisory	153144
Committee shall provide a report to the Office of Budget and	153145
Management, the Governor, and the General Assembly compiling the	153146
operational efficiency plans for all institutions of higher	153147
education and benchmarking efficiency gains realized over the	153148
preceding year and progress in implementing the prior year's	153149
efficiency plan. The report shall also be made available to the	153150
public on the Ohio Board of Regents web site.	153151

Section 363.570. (A) FUND ABOLITION

153152

On July 1, 2013, or as soon as possible thereafter, the	153153
Director of Budget and Management shall transfer the cash balance	153154
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	153155
Distance Learning Fund (Fund 4X10). Upon completion of the	153156
transfer, the eTech Ohio Telecommunity Education Fund (Fund	153157
4W90)is hereby abolished.	153158

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	153159
ITEM TRANSFER	153160

Effective July 1, 2013, the Director of Budget and Management	153161
shall cancel any existing encumbrances against appropriation item	153162
935411, Technology Integration and Professional Development, and	153163
re-establish them, as determined to be appropriate by the Director	153164
of Budget and Management, against appropriation item 235483,	153165
Technology Integration and Professional Development. The	153166
re-established encumbrance amounts are hereby appropriated. Any	153167
business commenced but not completed under appropriation item	153168
935411, Technology Integration and Professional Development, by	153169
July 1, 2013, shall be completed, as determined to be appropriate	153170
by the Director of Budget and Management, under appropriation item	153171
235483, Technology Integration and Professional Development, in	153172
the same manner and with the same effect as if it were completed	153173
with regard to appropriation item 935411, Technology Integration	153174
and Professional Development.	153175

Effective July 1, 2013, the Director of Budget and Management	153176
shall cancel any existing encumbrances against appropriation item	153177
935608, Media Services, and re-establish them against	153178
appropriation item 235676, Media Services. The re-established	153179
encumbrance amounts are hereby appropriated. Any business	153180
commenced but not completed under appropriation item 935608, Media	153181
Services, by July 1, 2013, shall be completed under appropriation	153182
item 235676, Media Services, in the same manner and with the same	153183
effect as if it were completed with regard to appropriation item	153184
935608, Media Services.	153185

Effective July 1, 2013, the Director of Budget and Management	153186
shall cancel any existing encumbrances against appropriation item	153187
935640, Conference/Special Purposes, and re-establish them against	153188
appropriation item 235675, Conference/Special Purposes. The	153189
re-established encumbrance amounts are hereby appropriated. Any	153190
business commenced but not completed under appropriation item	153191
935640, Conference/Special Purposes, by July 1, 2013, shall be	153192
completed under appropriation item 235675, Conference/Special	153193
Purposes, in the same manner and with the same effect as if it	153194
were completed with regard to appropriation item 935640,	153195
Conference/Special Purposes.	153196

Effective July 1, 2013, the Director of Budget and Management	153197
shall cancel any existing encumbrances against appropriation item	153198
935630, Telecommunity, and cancel any existing encumbrances	153199
against appropriation item 935634, Distance Learning, and	153200
re-establish them against appropriation item 235674, Telecommunity	153201
and Distance Learning. The re-established encumbrance amounts are	153202
hereby appropriated. Any business commenced but not completed	153203
under appropriation items 935630, Telecommunity, and 935634,	153204
Distance Learning, by July 1, 2013, shall be completed under	153205
appropriation item 235674, Telecommunity and Distance Learning, in	153206
the same manner and with the same effect as if it were completed	153207
with regard to appropriation items 935630, Telecommunity, and	153208
935634, Distance Learning.	153209

On July 1, 2013, or as soon as possible thereafter, the	153210
Director of Budget and Management shall cancel any existing	153211
capital appropriations and capital encumbrances of the former	153212
eTech Ohio Commission in the Higher Education Improvement Fund	153213
(Fund 7034), and re-establish them with the Chancellor of the	153214
Board of Regents in the Higher Education Improvement Fund (Fund	153215
7034). The re-established amounts are hereby appropriated.	153216

Effective July 1, 2013, notwithstanding any provision of the	153217
law to the contrary, the Director of Budget and Management may	153218
make budget changes made necessary by the transfer of the former	153219
eTech Ohio Commission to the Chancellor of the Board of Regents,	153220
if any, including administrative organization, program transfers,	153221
the creation of new funds, the transfer of state funds, the	153222
consolidation of funds, and the transfer of capital	153223
appropriations, as authorized by this section. The Director of	153224
Budget and Management may, if necessary, establish prior year	153225
encumbrances or parts of prior year encumbrances of the former	153226
eTech Ohio Commission with the Chancellor of the Board of Regents	153227
in the appropriate fund and appropriation item for the same	153228
purpose and for payment to the same vendor in fiscal year 2014 or	153229
fiscal year 2015. The established encumbrances plus any additional	153230
amounts determined to be necessary for the Chancellor of the Board	153231
of Regents to perform the operations and related management	153232
functions of the former eTech Ohio Commission are hereby	153233
appropriated.	153234

153235

Beginning in fiscal year 2014, the annual eTech Ohio	153236
Conference will be overseen by a Conference Operation Office	153237
comprised of employees of the Chancellor of the Board of Regents	153238
and Department of Education, including former employees of the	153239
eTech Ohio Commission transferred to the Chancellor of the Board	153240
of Regents and the Department of Education. The Office shall be	153241
responsible for conferences that focus on professional development	153242
in the education field, educational technology, distance learning,	153243
and other education topics pertinent to the State of Ohio.	153244

(D) TRANSFER OF CAPITAL DUTIES

153245

As of July 1, 2013, the Chancellor of the Board of Regents	153246
shall succeed to and have and perform all fiduciary duties and	153247
responsibilities previously held by the Director of eTech Ohio for	153248
all outstanding capital appropriations designated for use by eTech	153249
Ohio.	153250

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

153251

(A) The Electronic Textbook Pilot Project is hereby	153252
established to provide grants on a competitive basis to public and	153253
chartered nonpublic schools to purchase electronic textbooks,	153254
electronic educational content, and professional development and	153255
training resources through the learning clearinghouse established	153256
in section 3333.81 to 3333.88. The Electronic Textbook Pilot	153257
Project shall be administered by the Chancellor of the Board of	153258
Regents.	153259

(B) The Chancellor shall have the authority to set the grant	153260
criteria and to select grant recipients. In awarding grants under	153261
this section, the Chancellor shall establish the criteria for	153262
determining which applicants will be considered a priority for	153263
receiving grant funds.	153264

(C) Not later than January 31, 2014, the Chancellor shall	153265
issue a request for proposals from eligible schools.	153266

(D) Not later than May 31, 2014, the Chancellor shall award	153267
grants for use during the 2014-2015 school year.	153268

(E) The Chancellor and Superintendent of Public Instruction	153269
jointly shall notify schools of and promote participation in the	153270
pilot project.	153271

(F) Not later than December 31, 2015, the Chancellor shall	153272
submit to the Governor and the General Assembly, in accordance	153273
with section 101.68 of the Revised Code, a formative evaluation of	153274
the implementation and results of the pilot project and	153275
legislative recommendations for any changes in the pilot project.	153276

(G) The number of grants awarded under this section shall not	153277
exceed the number that can be funded with appropriations made by	153278
the General Assembly for this purpose.	153279

Section 363.590. COLLEGE CREDIT PLUS PROGRAM

153280

The Chancellor shall make recommendations to the General	153281
Assembly to establish the College Credit Plus program, whereby	153282
high school students may earn credits through Ohio institutions of	153283
higher education. The Chancellor shall consult with the	153284
Inter-University Council of Ohio, the Association of Independent	153285
Colleges and Universities of Ohio, the Ohio Association of	153286
Community Colleges, and the Superintendent of Public Instruction	153287
in developing the recommendations. The Chancellor shall provide a	153288
report of the recommendation to the Governor, the President of the	153289
Senate, and the Speaker of the House of Representatives by	153290
December 31, 2013, for implementation in the 2014-2015 academic	153291
year.	153292

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	153293
CORRECTION	153294

General Revenue Fund	153295

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	153296
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	153297
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	153298
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	153299
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	153300
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	153301
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	153302
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	153303
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	153304
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	153305
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	153306
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	153307

General Services Fund Group	153308

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	153309
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	153310
4830	501605	Property Receipts	$	582,086	$	582,086	153311
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	153312
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	153313
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	153314
4S50	501608	Education Services	$	4,114,782	$	4,114,782	153315
5710	501606	Training Academy Receipts	$	125,000	$	125,000	153316
5930	501618	Laboratory Services	$	3,750,000	$	0	153317
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	153318
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	153319
5L60	501611	Information Technology Services	$	250,000	$	250,000	153320
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	153321

Federal Special Revenue Fund Group	153322

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	153323
TOTAL FED Federal Special Revenue							153324
Fund Group			$	7,132,943	$	7,132,943	153325

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

153326

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	153327
SENTENCING REFORMS	153328

For the purposes of implementing criminal sentencing reforms,	153329
and notwithstanding any other provision of law to the contrary,	153330
the Director of Budget and Management, at the request of the	153331
Director of Rehabilitation and Correction, may transfer up to	153332
$14,000,000 in appropriations, in each of fiscal years 2014 and	153333
2015, from appropriation item 501321, Institutional Operations, to	153334
any combination of appropriation items 501405, Halfway House;	153335
501407, Community Residential Programs; 501408, Community	153336
Misdemeanor Programs; and 501501, Community Residential Programs -	153337
CBCF.	153338

LEASE RENTAL PAYMENTS

153339

The foregoing appropriation item 501406, Lease Rental	153340
Payments, shall be used to meet all payments at the times they are	153341
required to be made during the period from July 1, 2013, through	153342
June 30, 2015, by the Department of Rehabilitation and Correction	153343
under the primary leases and agreements for those buildings made	153344
under Chapters 152. and 154. of the Revised Code. These	153345
appropriations are the source of funds pledged for bond service	153346
charges on related obligations issued under Chapters 152. and 154.	153347
of the Revised Code.	153348

OSU MEDICAL CHARGES

153349

Notwithstanding section 341.192 of the Revised Code, at the	153350
request of the Department of Rehabilitation and Correction, The	153351
Ohio State University Medical Center, including the Arthur G.	153352
James Cancer Hospital and Richard J. Solove Research Institute and	153353
the Richard M. Ross Heart Hospital, shall provide necessary care	153354
to persons who are confined in state adult correctional	153355
facilities. The provision of necessary care shall be billed to the	153356
Department at a rate not to exceed the authorized reimbursement	153357
rate for the same service established by the Department of	153358
Medicaid under the Medicaid Program.	153359

CORRECTIVE CASH TRANSFER

153360

At the request of the Director of Rehabilitation and	153361
Correction, the Director of Budget and Management may transfer an	153362
amount not to exceed $2,391 in cash that was mistakenly deposited	153363
in the Federal Grants Fund (Fund 3230) to the General Revenue	153364
Fund.	153365

Section 369.10. RCB RESPIRATORY CARE BOARD

153366

General Services Fund Group	153367

4K90	872609	Operating Expenses	$	552,876	$	545,246	153368
TOTAL GSF General Services							153369
Fund Group			$	552,876	$	545,246	153370
TOTAL ALL BUDGET FUND GROUPS			$	552,876	$	545,246	153371

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

153373

Special State Revenue Fund Group	153374

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		153375
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		153376

Volunteer Firefighters' Dependents Fund	153377

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	153378
TOTAL 085 Volunteer Firefighters'							153379
Dependents Fund			$	300,000	$	300,000	153380

Agency Fund Group	153381

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	153382
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	153383
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	153384
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	153385
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	153386
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	153387
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	153388
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	153389
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	153390

Holding Account Redistribution	153391

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	153392
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	153393
Revenue Distribution Fund Group							153394
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	153395
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	153396
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	153397
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	153398
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	153399
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	153400
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	153401
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	153402
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	153403
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	153404
7082	110982	Horse Racing Tax	$	100,000	$	100,000	153405
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	153406
TOTAL RDF Revenue Distribution							153407
Fund Group			$	1,873,899,000	$	1,857,799,000	153408
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	153409

ADDITIONAL APPROPRIATIONS

153410

Appropriation items in this section shall be used for the	153411
purpose of administering and distributing the designated revenue	153412
distribution funds according to the Revised Code. If it is	153413
determined that additional appropriations are necessary for this	153414
purpose, such amounts are hereby appropriated.	153415

GENERAL REVENUE FUND TRANSFERS

153416

Notwithstanding any provision of law to the contrary, in	153417
fiscal year 2014 and fiscal year 2015, the Director of Budget and	153418
Management may transfer from the General Revenue Fund to the Local	153419
Government Tangible Property Tax Replacement Fund (Fund 7081) in	153420
the Revenue Distribution Fund Group, those amounts necessary to	153421
reimburse local taxing units under section 5751.22 of the Revised	153422
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	153423
of Budget and Management may make temporary transfers from the	153424
General Revenue Fund to ensure sufficient balances in the Local	153425
Government Tangible Property Tax Replacement Fund (Fund 7081) and	153426
to replenish the General Revenue Fund for such transfers.	153427

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

153428

General Services Fund Group	153429

4K90	893609	Operating Expenses	$	137,850	$	129,850	153430
TOTAL GSF General Services							153431
Fund Group			$	137,850	$	129,850	153432
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	153433

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

153435

General Revenue Fund	153436

GRF	226321		Operations		$	7,278,579		$	7,278,579		153437
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		153438

General Services Fund Group	153439

4H80	226602	Education Reform Grants	$	27,000	$	27,000	153440
5NJ0	226622	Food Service Program	$	9,000	$	9,000	153441
TOTAL GSF General Services							153442
Fund Group			$	36,000	$	36,000	153443

Federal Special Revenue Fund Group	153444

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	153445
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	153446
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	153447
TOTAL FED Federal Special							153448
Revenue Fund Group			$	3,227,104	$	3,227,104	153449

State Special Revenue Fund Group	153450

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	153451
TOTAL SSR State Special Revenue							153452
Fund Group			$	461,521	$	461,521	153453
TOTAL ALL BUDGET FUND GROUPS			$	11,003,204	$	11,003,204	153454

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

153456

General Revenue Fund	153457

GRF	221321		Operations		$	8,727,657		$	8,727,657		153458
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		153459

General Services Fund Group	153460

4M10	221602	Education Reform Grants	$	35,000	$	35,000	153461
5NK0	221610	Food Service Program	$	9,000	$	9,000	153462
TOTAL GSF General Services							153463
Fund Group			$	44,000	$	44,000	153464

Federal Special Revenue Fund Group	153465

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	153466
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	153467
TOTAL FED Federal Special							153468
Revenue Fund Group			$	2,188,245	$	2,188,245	153469

State Special Revenue Fund Group	153470

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	153471
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	153472
TOTAL SSR State Special Revenue							153473
Fund Group			$	130,000	$	130,000	153474
TOTAL ALL BUDGET FUND GROUPS			$	11,089,902	$	11,089,902	153475

Section 381.10. SOS SECRETARY OF STATE

153477

General Revenue Fund	153478

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	153479
GRF	050407	Pollworkers Training	$	234,196	$	234,196	153480
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	153481

General Services Fund Group	153482

4120	050609	Notary Commission	$	475,000	$	475,000	153483
4130	050601	Information Systems	$	49,000	$	49,000	153484
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	153485
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	153486
TOTAL General Services Fund Group			$	611,200	$	611,200	153487

Federal Special Revenue Fund Group	153488

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	153489
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	153490
TOTAL FED Federal Special Revenue							153491
Fund Group			$	2,010,000	$	2,010,000	153492

State Special Revenue Fund Group	153493

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	153494
TOTAL SSR State Special Revenue							153495
Fund Group			$	14,385,400	$	14,385,400	153496

Holding Account Redistribution Fund Group	153497

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	153498
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	153499
TOTAL 090 Holding Account							153500
Redistribution Fund Group			$	115,000	$	115,000	153501
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	153502

POLLWORKER TRAINING

153503

The foregoing appropriation item 050407, Pollworkers	153504
Training, shall be used to reimburse county boards of elections	153505
for pollworker training pursuant to section 3501.27 of the Revised	153506
Code. At the end of fiscal year 2014, an amount equal to the	153507
unexpended, unencumbered portion of appropriation item 050407,	153508
Pollworkers Training, is hereby reappropriated in fiscal year 2015	153509
for the same purpose.	153510

BOARD OF VOTING MACHINE EXAMINERS

153511

The foregoing appropriation item 050610, Board of Voting	153512
Machine Examiners, shall be used to pay for the services and	153513
expenses of the members of the Board of Voting Machine Examiners,	153514
and for other expenses that are authorized to be paid from the	153515
Board of Voting Machine Examiners Fund, which is created in	153516
section 3506.05 of the Revised Code. Moneys not used shall be	153517
returned to the person or entity submitting equipment for	153518
examination. If it is determined that additional appropriations	153519
are necessary, such amounts are hereby appropriated.	153520

HAVA FUNDS

153521

An amount equal to the unexpended, unencumbered portion of	153522
appropriation item 050614, Election Reform/Health and Human	153523
Services, at the end of fiscal year 2014 is reappropriated for the	153524
same purpose in fiscal year 2015.	153525

An amount equal to the unexpended, unencumbered portion of	153526
appropriation item 050616, Help America Vote Act (HAVA), at the	153527
end of fiscal year 2014 is reappropriated for the same purpose in	153528
fiscal year 2015.	153529

The Director of Budget and Management shall credit the	153530
ongoing interest earnings from the Election Reform/Health and	153531
Human Services Fund (Fund 3AH0) and the Help America Vote Act	153532
(HAVA) (Fund 3AS0) to the respective funds and distribute these	153533
earnings in accordance with the terms of the grant under which the	153534
money is received.	153535

MISCELLANEOUS FEDERAL GRANTS

153536

On July 1, 2013, or as soon as possible thereafter, the	153537
Director of Budget and Management shall transfer from the General	153538
Revenue Fund (GRF) all investment earnings and amounts equal to	153539
the interest earnings that were attributable to the Miscellaneous	153540
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	153541
2013. The Director of Budget and Management shall credit the	153542
ongoing interest earnings from Fund 3FM0 to that fund and	153543
distribute these earnings in accordance with the terms of the	153544
grant under which the money was received.	153545

HOLDING ACCOUNT REDISTRIBUTION GROUP

153546

The foregoing appropriation items 050605, Uniform Commercial	153547
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	153548
be used to hold revenues until they are directed to the	153549
appropriate accounts or until they are refunded. If it is	153550
determined that additional appropriations are necessary, such	153551
amounts are hereby appropriated.	153552

Section 383.10. SEN THE OHIO SENATE

153553

General Revenue Fund	153554

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		153555
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		153556

General Services Fund Group	153557

1020	020602	Senate Reimbursement	$	852,001	$	852,001	153558
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	153559
TOTAL GSF General Services							153560
Fund Group			$	886,498	$	886,498	153561
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	153562

OPERATING EXPENSES

153563

On July 1, 2013, or as soon as possible thereafter, the Clerk	153564
of the Senate may certify to the Director of Budget and Management	153565
the amount of the unexpended, unencumbered balance of the	153566
foregoing appropriation item 020321, Operating Expenses, at the	153567
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	153568
The amount certified is hereby reappropriated to the same	153569
appropriation item for fiscal year 2014.	153570

On July 1, 2014, or as soon as possible thereafter, the Clerk	153571
of the Senate may certify to the Director of Budget and Management	153572
the amount of the unexpended, unencumbered balance of the	153573
foregoing appropriation item 020321, Operating Expenses, at the	153574
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	153575
The amount certified is hereby reappropriated to the same	153576
appropriation item for fiscal year 2015.	153577

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

153578

General Revenue Fund	153579

GRF	866321		CSV Operations		$	286,661		$	294,072		153580
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		153581

General Services Fund	153582

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		153583
TOTAL GSF General Services Fund					$	30,000		$	30,000		153584

Federal Special Revenue Fund Group	153585

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	153586
TOTAL FED Federal Special Revenue							153587
Fund Group			$	7,447,000	$	7,447,000	153588
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	153589

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

153591

Debt Service Fund Group	153592

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	153593
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	153594
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	153595
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	153596
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	153597
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	153598
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	153599
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	153600
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	153601
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	153602
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	153603
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	153604

ADDITIONAL APPROPRIATIONS

153605

Appropriation items in this section are for the purpose of	153606
paying debt service and financing costs on bonds or notes of the	153607
state issued under the Ohio Constitution and acts of the General	153608
Assembly. If it is determined that additional amounts are	153609
necessary for this purpose, such amounts are hereby appropriated.	153610

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	153611
DEVELOPMENT FOUNDATION	153612

Tobacco Master Settlement Agreement Fund Group	153613

5M90	945601	Operating Expenses	$	426,800	$	426,800	153614
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	153615
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	153616

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	153618
AUDIOLOGY	153619

General Services Fund Group	153620

4K90	886609	Operating Expenses	$	472,260	$	508,660	153621
TOTAL GSF General Services							153622
Fund Group			$	472,260	$	508,660	153623
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	153624

Section 393.10. BTA BOARD OF TAX APPEALS

153626

General Revenue Fund	153627

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	153628
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	153629
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	153630

Section 395.10. TAX DEPARTMENT OF TAXATION

153632

General Revenue Fund	153633

GRF	110321	Operating Expenses	$	71,068,330	$	67,968,332	153634
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	153635
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	153636
TOTAL GRF General Revenue Fund			$	737,886,530	$	761,452,132	153637

General Services Fund Group	153638

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	153639
4330	110602	Tape File Account	$	175,000	$	175,000	153640
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	153641
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	153642
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	153643
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	153644
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	153645
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	153646
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	153647
TOTAL GSF General Services							153648
Fund Group			$	33,492,810	$	33,492,810	153649

State Special Revenue Fund Group	153650

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	153651
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	153652
4370	110606	Income Tax Contribution	$	38,800	$	38,800	153653
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	153654
4C60	110616	International Registration Plan	$	682,415	$	682,415	153655
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	153656
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	153657
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	153658
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	153659
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	153660
TOTAL SSR State Special Revenue							153661
Fund Group			$	36,287,450	$	36,987,450	153662

Agency Fund Group	153663

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	153664
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	153665
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	153666

Holding Account Redistribution Fund Group	153667

R010	110611	Tax Distributions	$	50,000	$	50,000	153668
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	153669
TOTAL 090 Holding Account							153670
Redistribution Fund Group			$	100,000	$	100,000	153671
TOTAL ALL BUDGET FUND GROUPS			$	2,375,566,790	$	2,399,832,392	153672

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

153673

The foregoing appropriation item 110901, Property Tax	153674
Allocation - Taxation, is hereby appropriated to pay for the	153675
state's costs incurred due to the Homestead Exemption, the	153676
Manufactured Home Property Tax Rollback, and the Property Tax	153677
Rollback. The Tax Commissioner shall distribute these funds	153678
directly to the appropriate local taxing districts, except for	153679
school districts, notwithstanding the provisions in sections	153680
321.24 and 323.156 of the Revised Code, which provide for payment	153681
of the Homestead Exemption, the Manufactured Home Property Tax	153682
Rollback, and Property Tax Rollback by the Tax Commissioner to the	153683
appropriate county treasurer and the subsequent redistribution of	153684
these funds to the appropriate local taxing districts by the	153685
county auditor.	153686

Upon receipt of these amounts, each local taxing district	153687
shall distribute the amount among the proper funds as if it had	153688
been paid as real property taxes. Payments for the costs of	153689
administration shall continue to be paid to the county treasurer	153690
and county auditor as provided for in sections 319.54, 321.26, and	153691
323.156 of the Revised Code.	153692

Any sums, in addition to the amounts specifically	153693
appropriated in appropriation item 110901, Property Tax Allocation	153694
- Taxation, for the Homestead Exemption, the Manufactured Home	153695
Property Tax Rollback, and the Property Tax Rollback payments,	153696
which are determined to be necessary for these purposes, are	153697
hereby appropriated.	153698

MUNICIPAL INCOME TAX

153699

The foregoing appropriation item 110995, Municipal Income	153700
Tax, shall be used to make payments to municipal corporations	153701
under section 5745.05 of the Revised Code. If it is determined	153702
that additional appropriations are necessary to make such	153703
payments, such amounts are hereby appropriated.	153704

TAX REFUNDS

153705

The foregoing appropriation item 110635, Tax Refunds, shall	153706
be used to pay refunds under section 5703.052 of the Revised Code.	153707
If it is determined that additional appropriations are necessary	153708
for this purpose, such amounts are hereby appropriated.	153709

INTERNATIONAL REGISTRATION PLAN AUDIT

153710

The foregoing appropriation item 110616, International	153711
Registration Plan, shall be used under section 5703.12 of the	153712
Revised Code for audits of persons with vehicles registered under	153713
the International Registration Plan.	153714

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

153715

Of the foregoing appropriation item 110607, Local Tax	153716
Administration, the Tax Commissioner may disburse funds, if	153717
available, for the purposes of paying travel expenses incurred by	153718
members of Ohio's delegation to the Streamlined Sales Tax Project,	153719
as appointed under section 5740.02 of the Revised Code. Any travel	153720
expense reimbursement paid for by the Department of Taxation shall	153721
be done in accordance with applicable state laws and guidelines.	153722

TOBACCO SETTLEMENT ENFORCEMENT

153723

The foregoing appropriation item 110404, Tobacco Settlement	153724
Enforcement, shall be used by the Tax Commissioner to pay costs	153725
incurred in the enforcement of divisions (F) and (G) of section	153726
5743.03 of the Revised Code.	153727

STARS DEVELOPMENT AND IMPLEMENTATION FUND

153728

The foregoing appropriation item 110638, STARS Development	153729
and Implementation Fund, shall be used to pay costs incurred in	153730
the development and implementation of the department's State Tax	153731
Accounting and Revenue System. The Director of Budget and	153732
Management, under a plan submitted by the Tax Commissioner, or as	153733
otherwise determined by the Director of Budget and Management,	153734
shall set a schedule to transfer cash from the Tax Reform System	153735
Implementation Fund, Local Tax Administration Fund, School	153736
District Income Tax Fund, Discovery Project Fund, and the Motor	153737
Fuel Tax Administration Fund to the credit of the STARS	153738
Development and Implementation Fund (Fund 5MN0). The transfers of	153739
cash shall not exceed $8,000,000 in the biennium.	153740

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

153741

General Revenue Fund	153742

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	153743
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	153744
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	153745
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	153746
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	153747

Section 399.10. TOS TREASURER OF STATE

153749

General Revenue Fund	153750

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	153751
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	153752
GRF	090402	Continuing Education	$	377,702	$	377,702	153753
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	153754
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	153755
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	153756
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	153757
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	153758

General Services Fund Group	153759

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	153760
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	153761
5C50	090602	County Treasurer Education	$	170,057	$	170,057	153762
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	153763
TOTAL GSF General Services							153764
Fund Group			$	5,620,057	$	5,620,057	153765

Agency Fund Group	153766

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	153767
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	153768
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	153769

Section 399.20. OFFICE OF THE SINKING FUND

153771

The foregoing appropriation item 090401, Office of the	153772
Sinking Fund, shall be used for costs incurred by or on behalf of	153773
the Commissioners of the Sinking Fund and the Ohio Public	153774
Facilities Commission with respect to State of Ohio general	153775
obligation bonds or notes, and the Treasurer of State with respect	153776
to State of Ohio general obligation and special obligation bonds	153777
or notes, including, but not limited to, printing, advertising,	153778
delivery, rating fees and the procurement of ratings, professional	153779
publications, membership in professional organizations, and other	153780
services referred to in division (D) of section 151.01 of the	153781
Revised Code. The General Revenue Fund shall be reimbursed for	153782
such costs relating to the issuance and administration of Highway	153783
Capital Improvement bonds or notes authorized under Ohio	153784
Constitution, Article VIII, Section 2m and Chapter 151. of the	153785
Revised Code. That reimbursement shall be made from appropriation	153786
item 155902, Highway Capital Improvement Bond Retirement Fund, by	153787
intrastate transfer voucher pursuant to a certification by the	153788
Office of the Sinking Fund of the actual amounts used. The amounts	153789
necessary to make such a reimbursement are hereby appropriated	153790
from the Highway Capital Improvement Bond Retirement Fund created	153791
in section 151.06 of the Revised Code.	153792

POLICE AND FIRE DEATH BENEFIT FUND

153793

The foregoing appropriation item 090575, Police and Fire	153794
Death Benefits, shall be disbursed quarterly by the Treasurer of	153795
State at the beginning of each quarter of each fiscal year to the	153796
Board of Trustees of the Ohio Police and Fire Pension Fund. The	153797
Treasurer of State shall certify such amounts quarterly to the	153798
Director of Budget and Management. By the twentieth day of June of	153799
each fiscal year, the Board of Trustees of the Ohio Police and	153800
Fire Pension Fund shall certify to the Treasurer of State the	153801
amount disbursed in the current fiscal year to make the payments	153802
required by section 742.63 of the Revised Code and shall return to	153803
the Treasurer of State moneys received from this appropriation	153804
item but not disbursed.	153805

TAX REFUNDS

153806

The foregoing appropriation item 090635, Tax Refunds, shall	153807
be used to pay refunds under section 5703.052 of the Revised Code.	153808
If the Director of Budget and Management determines that	153809
additional amounts are necessary for this purpose, such amounts	153810
are hereby appropriated.	153811

Section 401.10. VTO VETERANS' ORGANIZATIONS

153812

General Revenue Fund	153813

VAP AMERICAN EX-PRISONERS OF WAR	153814

GRF

743501

State Support

28,910

153815

VAN ARMY AND NAVY UNION, USA, INC.	153816

GRF

746501

State Support

63,539

153817

VKW KOREAN WAR VETERANS	153818

GRF

747501

State Support

57,118

153819

VJW JEWISH WAR VETERANS	153820

GRF

748501

State Support

34,321

153821

VCW CATHOLIC WAR VETERANS	153822

GRF

749501

State Support

66,978

153823

VPH MILITARY ORDER OF THE PURPLE HEART	153824

GRF

750501

State Support

65,116

153825

VVV VIETNAM VETERANS OF AMERICA	153826

GRF

751501

State Support

214,776

153827

VAL AMERICAN LEGION OF OHIO	153828

GRF

752501

State Support

349,189

153829

VII AMVETS	153830

GRF

753501

State Support

332,547

153831

VAV DISABLED AMERICAN VETERANS	153832

GRF

754501

State Support

249,836

153833

VMC MARINE CORPS LEAGUE	153834

GRF

756501

State Support

133,947

153835

V37 37TH DIVISION VETERANS' ASSOCIATION	153836

GRF

757501

State Support

6,868

153837

VFW VETERANS OF FOREIGN WARS	153838

GRF

758501

State Support

284,841

153839

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		153840
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		153841

RELEASE OF FUNDS

153842

The Director of Budget and Management may release the	153843
foregoing appropriation items 743501, 746501, 747501, 748501,	153844
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	153845
and 758501, State Support.	153846

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

153847

General Revenue Fund	153848

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	153849
GRF	900402	Hall of Fame	$	107,075	$	107,075	153850
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	153851
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	153852
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	153853

General Services Fund Group	153854

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		153855
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		153856

Federal Special Revenue Fund Group	153857

3680	900614	Veterans Training	$	684,017	$	697,682	153858
3740	900606	Troops to Teachers	$	111,822	$	111,879	153859
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	153860
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	153861
TOTAL FED Federal Special Revenue							153862
Fund Group			$	27,933,629	$	28,693,984	153863

State Special Revenue Fund Group	153864

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	153865
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	153866
TOTAL SSR State Special Revenue							153867
Fund Group			$	11,018,315	$	11,296,794	153868

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	153869

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	153870
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	153871
TOTAL 041 Persian Gulf,							153872
Afghanistan, and Iraq							153873
Compensation Fund Group			$	15,238,703	$	10,029,709	153874
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	153875

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	153876
OBLIGATION DEBT SERVICE	153877

The foregoing appropriation item 900901, Persian Gulf,	153878
Afghanistan and Iraq Compensation Debt Service, shall be used to	153879
pay all debt service and related financing costs during the period	153880
from July 1, 2013, through June 30, 2015, on obligations issued	153881
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	153882
purposes under sections 151.01 and 151.12 of the Revised Code.	153883

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

153884

General Services Fund Group	153885

4K90	888609	Operating Expenses	$	337,432	$	331,695	153886
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	153887
TOTAL GSF General Services							153888
Fund Group			$	367,432	$	361,695	153889
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	153890

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

153892

General Revenue Fund	153893

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	153894
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	153895
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	153896
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	153897
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	153898
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	153899

General Services Fund Group	153900

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	153901
4790	470609	Employee Food Service	$	125,000	$	125,000	153902
4A20	470602	Child Support	$	250,000	$	250,000	153903
4G60	470605	General Operational Funds	$	115,000	$	115,000	153904
5BN0	470629	E-Rate Program	$	525,000	$	525,000	153905
TOTAL GSF General Services							153906
Fund Group			$	4,965,000	$	4,615,000	153907

Federal Special Revenue Fund Group	153908

3210	470601	Education	$	1,480,740	$	1,203,272	153909
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	153910
3210	470606	Nutrition	$	1,033,947	$	1,033,947	153911
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	153912
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	153913
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	153914
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	153915
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	153916
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	153917
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	153918
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	153919
TOTAL FED Federal Special Revenue							153920
Fund Group			$	11,605,207	$	8,272,767	153921

State Special Revenue Fund Group	153922

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	153923
TOTAL SSR State Special Revenue							153924
Fund Group			$	1,795,000	$	1,795,000	153925
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	153926

COMMUNITY PROGRAMS

153927

For purposes of improving community programs, and	153928
notwithstanding any provision of law to the contrary, of the	153929
foregoing appropriation item 470401, RECLAIM Ohio, the Department	153930
of Youth Services shall use $8,813,811 in each fiscal year to	153931
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	153932
Initiative, and other evidence-based community programs.	153933

For purposes of implementing juvenile sentencing reforms, and	153934
notwithstanding any provision of law to the contrary, the	153935
Department of Youth Services may use up to forty-five per cent of	153936
the unexpended, unencumbered balance of the portion of	153937
appropriation item 470401, RECLAIM Ohio, that is allocated to	153938
juvenile correctional facilities in each fiscal year to expand	153939
Targeted RECLAIM, the Behavioral Health Juvenile Justice	153940
Initiative, and other evidence-based community programs.	153941

LEASE RENTAL PAYMENTS

153942

The foregoing appropriation item 470412, Lease Rental	153943
Payments, shall be used to meet all payments at the times they are	153944
required to be made for the period from July 1, 2013, through June	153945
30, 2015, by the Department of Youth Services under the leases and	153946
agreements for facilities made under Chapters 152. and 154. of the	153947
Revised Code. This appropriation is the source of funds pledged	153948
for bond service charges on related obligations issued under	153949
Chapters 152. and 154. of the Revised Code.	153950

EDUCATION REIMBURSEMENT

153951

The foregoing appropriation item 470613, Education	153952
Reimbursement, shall be used to fund the operating expenses of	153953
providing educational services to youth supervised by the	153954
Department of Youth Services. Operating expenses include, but are	153955
not limited to, teachers' salaries, maintenance costs, and	153956
educational equipment. This appropriation item may be used for	153957
capital expenses related to the education program.	153958

EMPLOYEE FOOD SERVICE AND EQUIPMENT

153959

Notwithstanding section 125.14 of the Revised Code, the	153960
foregoing appropriation item 470609, Employee Food Service, may be	153961
used to purchase any food operational items with funds received	153962
into the fund from reimbursements for state surplus property.	153963

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

153964

In collaboration with the county family and children first	153965
council, the juvenile court of that county that receives	153966
allocations from one or both of the foregoing appropriation items	153967
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	153968
portions of those allocations to a flexible funding pool as	153969
authorized by the section of Am. Sub. H.B. 153 of the 129th	153970
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	153971
FUNDING POOL."	153972

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	153973
EVALUATION	153974

The Office of Health Transformation shall convene a team	153975
comprised of the Department of Youth Services, the Department of	153976
Medicaid, the Department of Job and Family Services, the	153977
Department of Health, and the Department of Mental Health and	153978
Addiction Services. The team shall evaluate the feasibility of	153979
implementing a trauma screening tool for high-risk youth and	153980
create a report with the following information: (A) the	153981
recommended trauma screening tool to be used to evaluate high-risk	153982
youth; (B) training in the administration of the recommended tool;	153983
(C) screening protocols; (D) the persons to whom the recommended	153984
tool should apply; and (E) the implications for treatment. The	153985
report shall be completed by December 1, 2013, and shall be	153986
distributed to the Governor. The Department of Youth Services may	153987
receive funds for piloting the recommended tool in detention	153988
centers.	153989

Section 501.20. All items set forth in sections 501.20 and	153990
501.30 of this act are hereby appropriated for the biennium ending	153991
on June 30, 2015, out of any moneys in the state treasury to the	153992
credit of the Administrative Building Fund (Fund 7026) that are	153993
not otherwise appropriated.	153994

Appropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	153995

C87412	Capitol Square Security				$	1,200,000			153996
TOTAL Capitol Square Review and Advisory Board					$	1,200,000			153997

Appropriations

Section 501.30. TOS TREASURER OF STATE

153999

C09001	Treasury Management System	$	10,000,000	154000
TOTAL Treasurer of State		$	10,000,000	154001
TOTAL Administrative Building Fund		$	11,200,000	154002

The foregoing appropriation item C09001, Treasury Management	154003
System, shall be used to pay costs incurred in the acquisition and	154004
implementation of the Treasury Management System.	154005

The Treasurer of State may acquire and implement a Treasury	154006
Management System, including, but not limited to, the application	154007
hardware and software and the installation and implementation	154008
thereof, for the use of the Treasurer of State. The Treasury	154009
Management System is an integrated treasury technology	154010
infrastructure system that will replace the Treasurer of State's	154011
existing separate cash, custody, investment, and accounting	154012
software and administration systems for the various treasury	154013
functions performed by the state.	154014

The Treasurer of State is hereby authorized to issue and	154015
sell, in accordance with Section 2i of Article VIII, Ohio	154016
Constitution, and Chapter 154. of the Revised Code, particularly	154017
section 154.24 of the Revised Code, original obligations in an	154018
aggregate principal amount not to exceed $11,200,000, in addition	154019
to the original issuance of obligations heretofore authorized by	154020
prior acts of the General Assembly. These authorized obligations	154021
shall be issued, subject to applicable constitutional and	154022
statutory limitations, to pay costs associated with previously	154023
authorized capital facilities and the capital facilities referred	154024
to in this section of the act.	154025

Section 503.10. PERSONAL SERVICE EXPENSES

154026

Unless otherwise prohibited by law, any appropriation from	154027
which personal service expenses are paid shall bear the employer's	154028
share of public employees' retirement, workers' compensation,	154029
disabled workers' relief, and insurance programs; and the costs of	154030
centralized financial services, centralized payroll processing,	154031
and related reports and services; centralized human resources	154032
services, including affirmative action and equal employment	154033
opportunity programs; the Office of Collective Bargaining; the	154034
Employee Assistance Program; centralized information technology	154035
management services; administering the enterprise resource	154036
planning system; and administering the state employee merit system	154037
as required by section 124.07 of the Revised Code. These costs	154038
shall be determined in conformity with the appropriate sections of	154039
law and paid in accordance with procedures specified by the Office	154040
of Budget and Management. Expenditures from appropriation item	154041
070601, Public Audit Expense - Intra-State, may be exempted from	154042
the requirements of this section.	154043

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	154044
AGAINST THE STATE	154045

Except as otherwise provided in this section, an	154046
appropriation in this act or any other act may be used for the	154047
purpose of satisfying judgments, settlements, or administrative	154048
awards ordered or approved by the Court of Claims or by any other	154049
court of competent jurisdiction in connection with civil actions	154050
against the state. This authorization does not apply to	154051
appropriations to be applied to or used for payment of guarantees	154052
by or on behalf of the state, or for payments under lease	154053
agreements relating to, or debt service on, bonds, notes, or other	154054
obligations of the state. Notwithstanding any other statute to the	154055
contrary, this authorization includes appropriations from funds	154056
into which proceeds of direct obligations of the state are	154057
deposited only to the extent that the judgment, settlement, or	154058
administrative award is for, or represents, capital costs for	154059
which the appropriation may otherwise be used and is consistent	154060
with the purpose for which any related obligations were issued or	154061
entered into. Nothing contained in this section is intended to	154062
subject the state to suit in any forum in which it is not	154063
otherwise subject to suit, and is not intended to waive or	154064
compromise any defense or right available to the state in any suit	154065
against it.	154066

Section 503.30. CAPITAL PROJECT SETTLEMENTS

154067

This section specifies an additional and supplemental	154068
procedure to provide for payments of judgments and settlements if	154069
the Director of Budget and Management determines, pursuant to	154070
division (C)(4) of section 2743.19 of the Revised Code, that	154071
sufficient unencumbered moneys do not exist in the fund to support	154072
a particular appropriation to pay the amount of a final judgment	154073
rendered against the state or a state agency, including the	154074
settlement of a claim approved by a court, in an action upon and	154075
arising out of a contractual obligation for the construction or	154076
improvement of a capital facility if the costs under the contract	154077
were payable in whole or in part from a state capital projects	154078
appropriation. In such a case, the Director may either proceed	154079
pursuant to division (C)(4) of section 2743.19 of the Revised Code	154080
or apply to the Controlling Board to increase an appropriation or	154081
create an appropriation out of any unencumbered moneys in the	154082
state treasury to the credit of the capital projects fund from	154083
which the initial state appropriation was made. The amount of an	154084
increase in appropriation or new appropriation approved by the	154085
Controlling Board is hereby appropriated from the applicable	154086
capital projects fund and made available for the payment of the	154087
judgment or settlement.	154088

If the Director does not make the application authorized by	154089
this section or the Controlling Board disapproves the application,	154090
and the Director does not make application under division (C)(4)	154091
of section 2743.19 of the Revised Code, the Director shall for the	154092
purpose of making that payment make a request to the General	154093
Assembly as provided for in division (C)(5) of that section.	154094

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

154095

In order to provide funds for the reissuance of voided	154096
warrants under section 126.37 of the Revised Code, there is hereby	154097
appropriated, out of moneys in the state treasury from the fund	154098
credited as provided in section 126.37 of the Revised Code, that	154099
amount sufficient to pay such warrants when approved by the Office	154100
of Budget and Management.	154101

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	154102
BALANCES OF OPERATING APPROPRIATIONS	154103

(A) An unexpended balance of an operating appropriation or	154104
reappropriation that a state agency lawfully encumbered prior to	154105
the close of a fiscal year is hereby reappropriated on the first	154106
day of July of the following fiscal year from the fund from which	154107
it was originally appropriated or reappropriated for the following	154108
period and shall remain available only for the purpose of	154109
discharging the encumbrance:	154110

(1) For an encumbrance for personal services, maintenance,	154111
equipment, or items for resale, other than an encumbrance for an	154112
item of special order manufacture not available on term contract	154113
or in the open market or for reclamation of land or oil and gas	154114
wells, for a period of not more than five months from the end of	154115
the fiscal year;	154116

(2) For an encumbrance for an item of special order	154117
manufacture not available on term contract or in the open market,	154118
for a period of not more than five months from the end of the	154119
fiscal year or, with the written approval of the Director of	154120
Budget and Management, for a period of not more than twelve months	154121
from the end of the fiscal year;	154122

(3) For an encumbrance for reclamation of land or oil and gas	154123
wells, for a period ending when the encumbered appropriation is	154124
expended or for a period of two years, whichever is less;	154125

(4) For an encumbrance for any other expense, for such period	154126
as the Director approves, provided such period does not exceed two	154127
years.	154128

(B) Any operating appropriations for which unexpended	154129
balances are reappropriated beyond a five-month period from the	154130
end of the fiscal year by division (A)(2) of this section shall be	154131
reported to the Controlling Board by the Director of Budget and	154132
Management by the thirty-first day of December of each year. The	154133
report on each such item shall include the item, the cost of the	154134
item, and the name of the vendor. The report shall be updated on a	154135
quarterly basis for encumbrances remaining open.	154136

(C) Upon the expiration of the reappropriation period set out	154137
in division (A) of this section, a reappropriation made by this	154138
section lapses, and the Director of Budget and Management shall	154139
cancel the encumbrance of the unexpended reappropriation not later	154140
than the end of the weekend following the expiration of the	154141
reappropriation period.	154142

(D) Notwithstanding division (C) of this section, with the	154143
approval of the Director of Budget and Management, an unexpended	154144
balance of an encumbrance that was reappropriated on the first day	154145
of July by this section for a period specified in division (A)(3)	154146
or (4) of this section and that remains encumbered at the close of	154147
the fiscal biennium is hereby reappropriated on the first day of	154148
July of the following fiscal biennium from the fund from which it	154149
was originally appropriated or reappropriated for the applicable	154150
period specified in division (A)(3) or (4) of this section and	154151
shall remain available only for the purpose of discharging the	154152
encumbrance.	154153

(E) The Director of Budget and Management may correct	154154
accounting errors committed by the staff of the Office of Budget	154155
and Management, such as reestablishing encumbrances or	154156
appropriations cancelled in error, during the cancellation of	154157
operating encumbrances in November and of nonoperating	154158
encumbrances in December.	154159

(F) The Director of Budget and Management may at any time	154160
correct accounting errors committed by the staff of a state agency	154161
or state institution of higher education, as defined in section	154162
3345.011 of the Revised Code, such as reestablishing prior year	154163
nonoperating encumbrances canceled or modified in error. The	154164
reestablished encumbrance amounts are hereby appropriated.	154165

(G) If the Controlling Board approved a purchase, that	154166
approval remains in effect so long as the appropriation used to	154167
make that purchase remains encumbered.	154168

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	154169
RE-ESTABLISHMENT OF ENCUMBRANCES	154170

Any cash transferred by the Director of Budget and Management	154171
under section 126.15 of the Revised Code is hereby appropriated.	154172
Any amounts necessary to re-establish appropriations or	154173
encumbrances under section 126.15 of the Revised Code are hereby	154174
appropriated.	154175

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

154176

There are hereby appropriated out of any moneys in the state	154177
treasury to the credit of the General Revenue Fund, which are not	154178
otherwise appropriated, funds sufficient to make any payment	154179
required by division (B)(2) of section 5747.03 of the Revised	154180
Code.	154181

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	154182
APPROVED BY THE CONTROLLING BOARD	154183

Any money that the Controlling Board approves for expenditure	154184
or any increase in appropriation that the Controlling Board	154185
approves under sections 127.14, 131.35, and 131.39 of the Revised	154186
Code or any other provision of law is hereby appropriated for the	154187
period ending June 30, 2015.	154188

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	154189
RESIDENCE	154190

If the Governor's Residence Fund (Fund 4H20) receives payment	154191
for use of the residence pursuant to section 107.40 of the Revised	154192
Code, the amounts so received are hereby appropriated to	154193
appropriation item 100604, Governor's Residence Gift.	154194

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

154195

Unless the agency and nuclear electric utility mutually agree	154196
to a higher amount by contract, the maximum amounts that may be	154197
assessed against nuclear electric utilities under division (B)(2)	154198
of section 4937.05 of the Revised Code and deposited into the	154199
specified funds are as follows:	154200

Fund	User		FY 2014		FY 2015	154201
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	154202
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	154203
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	154204
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	154205

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	154206
INTEREST EARNED	154207

Notwithstanding any provision of law to the contrary, the	154208
Director of Budget and Management, through June 30, 2015, may	154209
transfer interest earned by any state fund to the General Revenue	154210
Fund. This section does not apply to funds whose source of revenue	154211
is restricted or protected by the Ohio Constitution, federal tax	154212
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	154213
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	154214

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	154215
FROM NON-GRF FUNDS	154216

Notwithstanding any provision of law to the contrary, the	154217
Director of Budget and Management may transfer up to $60,000,000	154218
in each fiscal year in cash from non-General Revenue Funds that	154219
are not constitutionally restricted to the General Revenue Fund in	154220
order to ensure that available General Revenue Fund receipts and	154221
balances are sufficient to support General Revenue Fund	154222
appropriations in each fiscal year.	154223

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	154224
BALANCE	154225

Notwithstanding divisions (B) and (C) of section 131.44 of	154226
the Revised Code, the Director of Budget and Management shall	154227
determine the surplus General Revenue Fund revenue that existed on	154228
June 30, 2013, in excess of the amount required under division	154229
(A)(3) of section 131.44 of the Revised Code, and transfer from	154230
the General Revenue Fund, to the extent of the amount so	154231
determined, the following:	154232

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	154233
of up to $15,000,000;	154234

(B) To the Controlling Board Emergency Purposes Fund (Fund	154235
5KM0), a cash amount of up to $20,000,000;	154236

(C) To the Natural Resources Special Purposes Fund (Fund	154237
5MW0), which is hereby created in the state treasury, a cash	154238
amount of up to $12,000,000;	154239

(D) To the Unemployment Compensation Interest Contingency	154240
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	154241
to the United States Secretary of the Treasury of accrued interest	154242
costs related to federal unemployment account borrowing.	154243

Section 512.40. ACCESS SUCCESS II PROGRAM

154244

To the extent cash is available, the Director of Budget and	154245
Management may transfer cash from the Money Follows the Person	154246
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	154247
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	154248
by the Department of Mental Health and Addiction Services. The	154249
transferred cash is hereby appropriated.	154250

The Department of Mental Health and Addiction Services shall	154251
use the transferred funds to administer the Access Success II	154252
Program to help non-Medicaid patients in any hospital established,	154253
controlled, or supervised by the Department under Chapter 5119. of	154254
the Revised Code to transition from inpatient status to a	154255
community setting.	154256

Section 512.50. Not later than the first day of September	154257
2013, the Director of Mental Health and the Director of Alcohol	154258
and Drug Addiction Services shall certify to the Director of	154259
Budget and Management the amount of all of the unexpended,	154260
unencumbered balances of general revenue fund appropriations made	154261
to the Department of Mental Health and to the Department of	154262
Alcohol and Drug Addiction Services for FY 2012, excluding funds	154263
appropriated for rental payments to the Ohio Public Facilities	154264
Commission. On receipt of the certification, the Director of	154265
Budget and Management shall transfer cash to the Department of	154266
Mental Health and Addiction Services Trust Fund created in section	154267
5119.46 of the Revised Code (renumbered section 5119.60 of the	154268
Revised Code in this act) in an amount up to, but not exceeding,	154269
the total amounts certified by the Director of Mental Health and	154270
the Director of Alcohol and Drug Addiction Services.	154271

Section 512.70. PROHIBITION ON TRANSFERS

154272

Notwithstanding section 131.44 of the Revised Code, cash	154273
shall not be transferred to the Income Tax Reduction Fund prior to	154274
July 1, 2015.	154275

Section 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

154276

There is hereby established in the Highway Operating Fund	154277
(Fund 7002), used by the Department of Transportation, a Diesel	154278
Emissions Reduction Grant Program. The Director of Environmental	154279
Protection shall administer the program and shall solicit,	154280
evaluate, score, and select projects submitted by public and	154281
private entities that are eligible for the federal Congestion	154282
Mitigation and Air Quality (CMAQ) Program. The Director of	154283
Transportation shall process Federal Highway	154284
Administration-approved projects as recommended by the Director of	154285
Environmental Protection.	154286

In addition to the allowable expenditures set forth in	154287
section 122.861 of the Revised Code, Diesel Emissions Reduction	154288
Grant Program funds also may be used to fund projects involving	154289
the purchase or use of hybrid and alternative fuel vehicles that	154290
are allowed under guidance developed by the Federal Highway	154291
Administration for the CMAQ Program.	154292

Public entities eligible to receive funds under section	154293
122.861 of the Revised Code and CMAQ shall be reimbursed from	154294
moneys in the Highway Operating Fund (Fund 7002) designated for	154295
the Department of Transportation's Diesel Emissions Reduction	154296
Grant Program.	154297

Private entities eligible to receive funds under section	154298
122.861 of the Revised Code and CMAQ shall be reimbursed through	154299
transfers of cash from moneys in the Highway Operating Fund (Fund	154300
7002) designated for the Department of Transportation's Diesel	154301
Emissions Reduction Grant Program to the Diesel Emissions	154302
Reduction Fund (Fund 3FH0), used by the Environmental Protection	154303
Agency. Total expenditures between both the Environmental	154304
Protection Agency and the Department of Transportation shall not	154305
exceed the amounts appropriated in this act for appropriation item	154306
715693, Diesel Emissions Reduction Grants.	154307

On or before June 30, 2014, the Director of Environmental	154308
Protection may certify to the Director of Budget and Management	154309
the amount of any unencumbered balance of the foregoing	154310
appropriation item 715693, Diesel Emissions Reduction Grants, for	154311
fiscal year 2014 to be used for the same purpose in fiscal year	154312
2015. Once the certification permitted under this section has been	154313
submitted and approved by the Director of Budget and Management,	154314
the amount approved is hereby appropriated for fiscal year 2015.	154315

Any cash transfers or allocations under this section	154316
represent CMAQ program moneys within the Department of	154317
Transportation for use by the Diesel Emissions Reduction Grant	154318
Program by the Environmental Protection Agency. These allocations	154319
shall not reduce the amount of such moneys designated for	154320
metropolitan planning organizations.	154321

The Director of Environmental Protection, in consultation	154322
with the directors of Development Services and Transportation,	154323
shall develop guidance for the distribution of funds and for the	154324
administration of the Diesel Emissions Reduction Grant Program.	154325
The guidance shall include a method of prioritization for	154326
projects, acceptable technologies, and procedures for awarding	154327
grants.	154328

Section 515.30. On the effective date of this section, the	154329
Rehabilitation Services Commission is renamed the Opportunities	154330
for Ohioans with Disabilities Agency. The Rehabilitation Services	154331
Commission's functions, and its assets and liabilities, are	154332
transferred to the Opportunities for Ohioans with Disabilities	154333
Agency. The Opportunities for Ohioans with Disabilities Agency is	154334
successor to, assumes the obligations and authority of, and	154335
otherwise continues the Rehabilitation Services Commission. No	154336
right, privilege, or remedy, and no duty, liability, or	154337
obligation, accrued under the Rehabilitation Services Commission	154338
is impaired or lost by reason of the renaming and shall be	154339
recognized, administered, performed, or enforced by the	154340
Opportunities for Ohioans with Disabilities Agency.	154341

Business commenced but not completed by the Rehabilitation	154342
Services Commission or by the Administrator of the Rehabilitation	154343
Services Commission shall be completed by the Opportunities for	154344
Ohioans with Disabilities Agency or the Executive Director of the	154345
Opportunities for Ohioans with Disabilities Agency in the same	154346
manner, and with the same effect, as if completed by the	154347
Rehabilitation Services Commission or the Administrator of the	154348
Rehabilitation Services Commission.	154349

All of the Rehabilitation Services Commission's rules,	154350
orders, and determinations continue in effect as rules, orders,	154351
and determinations of the Opportunities for Ohioans with	154352
Disabilities Agency until modified or rescinded by the	154353
Opportunities for Ohioans with Disabilities Agency.	154354

Subject to the layoff provisions of sections 124.321 to	154355
124.382 of the Revised Code, all employees of the Rehabilitation	154356
Services Commission continue with the Opportunities for Ohioans	154357
with Disabilities Agency and retain their positions and all	154358
benefits accruing thereto.	154359

The Director of Budget and Management shall determine the	154360
amount of unexpended balances in the appropriation accounts that	154361
pertain to the Rehabilitation Services Commission and shall	154362
recommend to the Controlling Board their transfer to the	154363
appropriation accounts that pertain to the Opportunities for	154364
Ohioans with Disabilities Agency. The Administrator of the	154365
Rehabilitation Services Commission shall provide full and timely	154366
information to the Controlling Board to facilitate the transfer.	154367

Whenever the Rehabilitation Services Commission or the	154368
Administrator of the Rehabilitation Services Commission is	154369
referred to in a statute, contract, or other instrument, the	154370
reference is deemed to refer to the Opportunities for Ohioans with	154371
Disabilities Agency or to the Executive Director of the	154372
Opportunities for Ohioans with Disabilities Agency, whichever is	154373
appropriate in context.	154374

No pending action or proceeding being prosecuted or defended	154375
in court or before an agency by the Rehabilitation Services	154376
Commission or the Administrator of the Rehabilitation Services	154377
Commission is affected by the renaming and shall be prosecuted or	154378
defended in the name of the Opportunities for Ohioans with	154379
Disabilities Agency or the Executive Director of the Opportunities	154380
for Ohioans with Disabilities Agency, whichever is appropriate.	154381
Upon application to the court or agency, the Opportunities for	154382
Ohioans with Disabilities Agency or the Executive Director of the	154383
Opportunities for Ohioans with Disabilities Agency shall be	154384
substituted.	154385

Section 515.40. The Department of Aging shall use	154386
appropriation item 490627, Board of Executives of LTSS, to spend	154387
cash in the Board of Executives of Long-Term Services and Supports	154388
Fund (Fund 5MT0), which is hereby established in the State	154389
Treasury. On the effective date of this section, the Board of	154390
Examiners of Nursing Home Administrators is renamed the Board of	154391
Executives of Long-Term Services and Supports. The Board of	154392
Examiners of Nursing Home Administrators' functions and its assets	154393
and liabilities, are transferred to the Board of Executives of	154394
Long-Term Services and Supports. The Board of Executives of	154395
Long-Term Services and Supports is successor to, assumes the	154396
obligations and authority of, and otherwise continues the Board of	154397
Examiners of Nursing Home Administrators. No right, privilege, or	154398
remedy, and no duty, liability, or obligation, accrued under the	154399
Board of Examiners of Nursing Home Administrators is impaired or	154400
lost by reason of the renaming and shall be recognized,	154401
administered, performed, or enforced by the Board of Executives of	154402
Long-Term Services and Supports.	154403

Business commenced but not completed by the Board of	154404
Examiners of Nursing Home Administrators or by the Secretary of	154405
the Board of Examiners of Nursing Home Administrators shall be	154406
completed by the Board of Executives of Long-Term Services and	154407
Supports or the Secretary of the Board of Executives of Long-Term	154408
Services and Supports in the same manner, and with the same	154409
effect, as if completed by the Board of Examiners of Nursing Home	154410
Administrators or by the Secretary of the Board of Examiners of	154411
Nursing Home Administrators.	154412

All of the Board of Examiners of Nursing Home Administrators'	154413
rules, orders, and determinations continue in effect as rules,	154414
orders, and determinations of the Board of Executives of Long-Term	154415
Services and Supports.	154416

Subject to the layoff provisions of sections 124.321 to	154417
124.328 of the Revised Code, all employees of the Board of	154418
Examiners of Nursing Home Administrators who provide	154419
administrative, technical, or other services to the Board of	154420
Examiners of Nursing Home Administrators on a full-time, permanent	154421
basis shall continue with the Board of Executives of Long-Term	154422
Services and Supports and retain their positions and benefits	154423
accruing thereto, except that those employees in the classified	154424
service shall be reclassified into the unclassified service and	154425
shall serve at the pleasure of the Board.	154426

Notwithstanding section 4751.03 of the Revised Code, as	154427
amended by this act, those board members currently serving as	154428
members of the Board of Examiners of Nursing Home Administrators	154429
on the effective date of this act shall continue to serve as	154430
members of the Board of Executives of Long-Term Services and	154431
Supports for the remainder of their appointment period, at which	154432
time new members shall be appointed in a manner consistent with	154433
section 4751.03 of the Revised Code, as amended by this act.	154434

Within ninety days after the effective date of this act, the	154435
Governor shall appoint to the Board of Executives of Long-Term	154436
Services and Supports those new members who are required to be	154437
appointed under divisions (A)(3) and (6) of section 4751.03 of the	154438
Revised Code, as amended by this act, for terms ending on May 27,	154439
2014. Thereafter, appointment for those members shall be as	154440
provided in section 4751.03 of the Revised Code, as amended by	154441
this act.	154442

Whenever the Board of Examiners of Nursing Home	154443
Administrators is referred to in statute, contract, or other	154444
instrument, the reference is deemed to refer to the Board of	154445
Executives of Long-Term Services and Supports.	154446

No pending action or proceeding being prosecuted or defended	154447
in court or before an agency by the Board of Examiners of Nursing	154448
Home Administrators or the Secretary of the Board of Examiners of	154449
Nursing Home Administrators is affected by the renaming and shall	154450
be prosecuted or defended in the name of the Board of Executives	154451
of Long-Term Services and Supports or the Secretary of the Board	154452
of Executives of Long-Term Services and Supports. Upon application	154453
to the court or agency, the Board of Executives of Long-Term	154454
Services and Supports or the Secretary of the Board of Executives	154455
of Long-Term Services and Supports shall be substituted.	154456

Section 515.50. (A) On July 1, 2013, the eTech Ohio	154457
Commission is renamed and reconstituted as the Broadcast	154458
Educational Media Commission, as described in section 3353.02 of	154459
the Revised Code as amended by this act. The Broadcast Educational	154460
Media Commission is thereupon and thereafter successor to, assumes	154461
the obligations of, and otherwise constitutes the continuation of	154462
the eTech Ohio Commission, for all obligations related to the	154463
state's educational broadcasting services, including educational	154464
television, radio, and radio reading services.	154465

(B) Any business related to the state's educational	154466
television, radio, or radio reading services commenced but not	154467
completed by the eTech Ohio Commission shall be completed by the	154468
Broadcast Educational Media Commission in the same manner, and	154469
with the same effect, as if completed by the eTech Ohio	154470
Commission. No validation, cure, right, privilege, remedy,	154471
obligation, or liability is lost or impaired by reason of the	154472
renaming, and shall be recognized, administered, performed, or	154473
enforced by the Broadcast Educational Media Commission.	154474

(C) All of the rules of the eTech Ohio Commission related to	154475
the state's educational broadcasting services, including	154476
educational television, radio, or radio reading services, continue	154477
in effect as rules of the Broadcast Educational Media Commission,	154478
until amended or rescinded by the Broadcast Educational Media	154479
Commission.	154480

(D) No judicial or administrative action or proceeding	154481
related to the state's educational broadcasting services,	154482
including educational television, radio, or radio reading	154483
services, in which the eTech Ohio Commission is a party, that is	154484
pending on the effective date of this section is affected by the	154485
renaming. Such action or proceeding shall be prosecuted or	154486
defended in the name of the Broadcast Educational Media	154487
Commission. On application to the court or other tribunal, the	154488
Broadcast Educational Media Commission shall be substituted for	154489
the eTech Ohio Commission as a party to such action or proceeding.	154490

(E) Subject to the layoff provisions of sections 124.321 to	154491
124.328 and division (D) of section 3353.03 of the Revised Code,	154492
as amended by this act, all employees of the former eTech Ohio	154493
Commission assigned to activities related to the state's	154494
educational broadcasting services, including educational	154495
television, radio, or radio reading services, continue with the	154496
Broadcast Educational Media Commission and retain their positions	154497
and all benefits accruing thereto.	154498

(F) All books, records, documents, files, transcripts,	154499
equipment, furniture, supplies, and other materials related to the	154500
state's educational broadcasting services, including educational	154501
television, radio, or radio reading services, assigned to or in	154502
the possession of the former eTech Ohio Commission shall be	154503
transferred to the Broadcast Educational Media Commission.	154504

(G) Each current member of the eTech Ohio Commission shall	154505
serve until June 30, 2013. On July 1, 2013, or as soon after July	154506
1, 2013, as possible, each member shall either be reappointed or	154507
replaced by another member to serve on the Educational Media	154508
Commission pursuant to section 3353.02 of the Revised Code, as	154509
amended by this act.	154510

Section 515.51. (A) On July 1, 2013, all responsibilities	154511
related to the administration of the Telecommunity Fund and the	154512
Distance Learning Fund, as well as for technology-related teacher	154513
professional development programs, are transferred from the former	154514
eTech Ohio Commission to the Chancellor of the Board of Regents as	154515
described in sections 3319.235, 3317.50, and 3317.51 of the	154516
Revised Code, as amended by this act. The Chancellor is thereupon	154517
and thereafter successor to, assumes the obligations of, and	154518
otherwise constitutes the continuation of the eTech Ohio	154519
Commission relating to the functions, assets, records, and	154520
obligations relating to these responsibilities.	154521

(B) Any business related to these responsibilities commenced	154522
but not completed by the former eTech Ohio Commission shall be	154523
completed by the Chancellor in the same manner, and with the same	154524
effect, as if completed by the eTech Ohio Commission. No	154525
validation, cure, right, privilege, remedy, obligation, or	154526
liability is lost or impaired by reason of the transfer, and shall	154527
be recognized, administered, performed, or enforced by the	154528
Chancellor.	154529

(C) All of the rules of the former eTech Ohio Commission	154530
related to these responsibilities continue in effect as rules of	154531
the Chancellor, until amended or rescinded by the Chancellor.	154532

(D) Any judicial or administrative action or proceeding	154533
related to these responsibilities, in which the eTech Ohio	154534
Commission is a party, that is pending on the effective date of	154535
this section is affected by the transfer. Such action or	154536
proceeding shall be prosecuted or defended in the name of the	154537
Chancellor. On application to the court or other tribunal, the	154538
Chancellor of the Board of Regents shall be substituted for the	154539
eTech Ohio Commission as a party to such action or proceeding.	154540

(E) Subject to the layoff provisions of sections 124.321 to	154541
124.328 and division (D) of section 3353.03 of the Revised Code,	154542
as amended by this act, all employees of the former eTech Ohio	154543
Commission assigned to these responsibilities continue with the	154544
Chancellor and retain their positions and all benefits accruing	154545
thereto.	154546

(F) All books, records, documents, files, transcripts,	154547
equipment, furniture, supplies, and other materials related to	154548
these responsibilities assigned to or in the possession of the	154549
former eTech Ohio Commission shall be transferred to the	154550
Chancellor.	154551

(G) All employees of the former eTech Ohio Commission who	154552
transferred to the Chancellor of the Board of Regents upon the	154553
reconstitution of the Commission as prescribed by Section 515.50	154554
of H.B. 59 of the 130th General Assembly and who when employed by	154555
that Commission or a predecessor agency were included in a	154556
bargaining unit established under Chapter 4117. of the Revised	154557
Code, shall continue to be included in that bargaining unit, are	154558
public employees as defined in section 4117.01 of the Revised	154559
Code, and may collectively bargain with the Chancellor in	154560
accordance with that chapter. Otherwise, any employee hired by the	154561
Chancellor after the reconstitution of the Commission, either to	154562
fill vacancies or to fill new positions related to the transferred	154563
employees' duties, shall be exempt from Chapter 4117. of the	154564
Revised Code and shall not be public employees as defined in	154565
section 4117.01 of the Revised Code.	154566

Section 515.52. (A) On July 1, 2013, all responsibilities of	154567
the former eTech Ohio Commission related to the purchase of	154568
software services and supplies, the redistribution of hardware and	154569
software from closed community schools, and technology-related	154570
teacher professional development programs are transferred from the	154571
former eTech Ohio Commission to the Department of Education as	154572
described in sections 125.05, 3314.074, and 3319.235 of the	154573
Revised Code, as amended by this act. The Department is thereupon	154574
and thereafter successor to, assumes the obligations of, and	154575
otherwise constitutes the continuation of the eTech Ohio	154576
Commission relating to these responsibilities.	154577

(B) Any business related to these responsibilities commenced	154578
but not completed by the former eTech Ohio Commission shall be	154579
completed by the Department in the same manner, and with the same	154580
effect, as if completed by the eTech Ohio Commission. No	154581
validation, cure, right, privilege, remedy, obligation, or	154582
liability is lost or impaired by reason of the transfer, and shall	154583
be recognized, administered, performed, or enforced by the	154584
Department.	154585

(C) All of the rules of the eTech Ohio Commission related to	154586
these responsibilities continue in effect as rules of the	154587
Department, until amended or rescinded by the Department.	154588

(D) Any judicial or administrative action or proceeding	154589
related to these responsibilities, in which the eTech Ohio	154590
Commission is a party, that is pending on the effective date of	154591
this section is affected by the transfer. Such action or	154592
proceeding shall be prosecuted or defended in the name of the	154593
Department. On application to the court or other tribunal, the	154594
Department of Education shall be substituted for the eTech Ohio	154595
Commission as a party to such action or proceeding.	154596

(E) Subject to the layoff provisions of sections 124.321 to	154597
124.328 and division (D) of section 3353.03 of the Revised Code,	154598
as amended by this act, all employees of the former eTech Ohio	154599
Commission assigned to these responsibilities continue with the	154600
Department and retain their positions and all benefits accruing	154601
thereto.	154602

(F) All books, records, documents, files, transcripts,	154603
equipment, furniture, supplies, and other materials related to	154604
these responsibilities assigned to or in the possession of the	154605
former eTech Ohio Commission shall be transferred to the	154606
Department.	154607

(G) All employees of the former eTech Ohio Commission who	154608
transferred to the Department of Education upon the reconstitution	154609
of the Commission as prescribed by Section 515.50 of H.B. 59 of	154610
the 130th General Assembly and who when employed by that	154611
Commission or a predecessor agency were included in a bargaining	154612
unit established under Chapter 4117. of the Revised Code, shall	154613
continue to be included in that bargaining unit, are public	154614
employees as defined in section 4117.01 of the Revised Code, and	154615
may collectively bargain with the state Board of Education in	154616
accordance with that chapter. Otherwise, any employee hired by the	154617
Department after the reconstitution of the Commission, either to	154618
fill vacancies or to fill new positions related to the transferred	154619
employees' duties, shall be exempt from Chapter 4117. of the	154620
Revised Code and shall not be public employees as defined in	154621
section 4117.01 of the Revised Code.	154622

Section 515.53. Any duties and responsibilities of the	154623
former eTech Ohio Commission not transferred in accordance with	154624
Sections 515.50, 515.51, and 515.52 of this act are eliminated on	154625
July 1, 2013.	154626

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

154627

Certain appropriations are in this act for the purpose of	154628
paying debt service and financing costs on general obligation	154629
bonds or notes of the state issued pursuant to the Ohio	154630
Constitution and acts of the General Assembly. If it is determined	154631
that additional appropriations are necessary for this purpose,	154632
such amounts are hereby appropriated.	154633

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

154634

Certain appropriations are in this act for the purpose of	154635
making lease rental payments pursuant to leases and agreements	154636
relating to bonds or notes issued by the Treasurer of State, or	154637
previously by the Ohio Public Facilities Commission or the Ohio	154638
Building Authority, pursuant to the Ohio Constitution and acts of	154639
the General Assembly. If it is determined that additional	154640
appropriations are necessary for this purpose, such amounts are	154641
hereby appropriated.	154642

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	154643
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	154644

The Office of Budget and Management shall process payments	154645
from general obligation and lease rental payment appropriation	154646
items during the period from July 1, 2013, through June 30, 2015,	154647
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	154648
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	154649
Chapters 151., 152., and 154. of the Revised Code. Payments shall	154650
be made upon certification by the Treasurer of State of the dates	154651
and the amounts due on those dates.	154652

Section 521.11. STATE AND LOCAL REBATE AUTHORIZATION

154653

There is hereby appropriated, from those funds designated by	154654
or pursuant to the applicable proceedings authorizing the issuance	154655
of state obligations, amounts computed at the time to represent	154656
the portion of investment income to be rebated or amounts in lieu	154657
of or in addition to any rebate amount to be paid to the federal	154658
government in order to maintain the exclusion from gross income	154659
for federal income tax purposes of interest on those state	154660
obligations under section 148(f) of the Internal Revenue Code.	154661

Rebate payments shall be approved and vouchered by the Office	154662
of Budget and Management.	154663

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

154664

Whenever the Director of Budget and Management determines	154665
that an appropriation made to a state agency from a fund of the	154666
state is insufficient to provide for the recovery of statewide	154667
indirect costs under section 126.12 of the Revised Code, the	154668
amount required for such purpose is hereby appropriated from the	154669
available receipts of such fund.	154670

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	154671
INDIRECT COST ALLOCATION PLAN	154672

The total transfers made from the General Revenue Fund by the	154673
Director of Budget and Management under this section shall not	154674
exceed the amounts transferred into the General Revenue Fund under	154675
section 126.12 of the Revised Code.	154676

The director of an agency may certify to the Director of	154677
Budget and Management the amount of expenses not allowed to be	154678
included in the Statewide Indirect Cost Allocation Plan under	154679
federal regulations, from any fund included in the Statewide	154680
Indirect Cost Allocation Plan, prepared as required by section	154681
126.12 of the Revised Code.	154682

Upon determining that no alternative source of funding is	154683
available to pay for such expenses, the Director of Budget and	154684
Management may transfer cash from the General Revenue Fund into	154685
the fund for which the certification is made, up to the amount of	154686
the certification. The director of the agency receiving such funds	154687
shall include, as part of the next budget submission prepared	154688
under section 126.02 of the Revised Code, a request for funding	154689
for such activities from an alternative source such that further	154690
federal disallowances would not be required.	154691

The director of an agency may certify to the Director of	154692
Budget and Management the amount of expenses paid in error from a	154693
fund included in the Statewide Indirect Cost Allocation Plan. The	154694
Director of Budget and Management may transfer cash from the fund	154695
from which the expenditure should have been made into the fund	154696
from which the expenses were erroneously paid, up to the amount of	154697
the certification.	154698

The director of an agency may certify to the Director of	154699
Budget and Management the amount of expenses or revenues not	154700
allowed to be included in the Statewide Indirect Cost Allocation	154701
Plan under federal regulations, for any fund included in the	154702
Statewide Indirect Cost Allocation Plan, for which the federal	154703
government requires payment. If the Director of Budget and	154704
Management determines that an appropriation made to a state agency	154705
from a fund of the state is insufficient to pay the amount	154706
required by the federal government, the amount required for such	154707
purpose is hereby appropriated from the available receipts of such	154708
fund, up to the amount of the certification.	154709

Section 521.35. CASH TRANSFERS TO TOBACCO OVERSIGHT	154710
ADMINISTRATION AND ENFORCEMENT FUND	154711

On July 1, 2013, or as soon as possible thereafter, the	154712
Director of Budget and Management shall transfer the cash balance	154713
in the Tobacco Settlement Enforcement Fund (Fund T087) and the	154714
Education Technology Trust Fund (Fund S087) to the Tobacco	154715
Oversight Administration and Enforcement Fund (Fund U087). Upon	154716
completion of the transfer, Fund T087 and Fund S087 are abolished.	154717
The Director shall cancel any existing encumbrances against	154718
appropriation items 110402, Tobacco Settlement Enforcement, and	154719
935602, Education Technology Trust.	154720

On July 1, 2014, or as soon as possible thereafter, the	154721
Director of Budget and Management shall transfer the cash balance	154722
in the Law Enforcement Improvement Trust Fund (Fund J087) to the	154723
Tobacco Oversight Administration and Enforcement Fund (Fund U087).	154724
Upon completion of the transfer, Fund J087 is abolished. The	154725
Director shall cancel any existing encumbrances against	154726
appropriation item 055635, Law Enforcement Technology, Training,	154727
and Facility Enhancements.	154728

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

154729

Notwithstanding any provision of law to the contrary, on or	154730
before the first day of September of each fiscal year, the	154731
Director of Budget and Management, in order to reduce the payment	154732
of adjustments to the federal government, as determined by the	154733
plan prepared under division (A) of section 126.12 of the Revised	154734
Code, may designate such funds as the Director considers necessary	154735
to retain their own interest earnings.	154736

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

154737

Pursuant to the plan for compliance with the Federal Cash	154738
Management Improvement Act required by section 131.36 of the	154739
Revised Code, the Director of Budget and Management may cancel and	154740
re-establish all or part of encumbrances in like amounts within	154741
the funds identified by the plan. The amounts necessary to	154742
re-establish all or part of encumbrances are hereby appropriated.	154743

Section 521.60. FISCAL STABILIZATION AND RECOVERY

154744

To ensure the level of accountability and transparency	154745
required by federal law, the Director of Budget and Management may	154746
issue guidelines to any agency applying for federal money made	154747
available to this state for fiscal stabilization and recovery	154748
purposes, and may prescribe the process by which agencies are to	154749
comply with any reporting requirements established by the federal	154750
government.	154751

Section 605.03. That Section 1 of Sub. H.B. 34 of the 130th	154752
General Assembly be amended to read as follows:	154753

Sec. 1. All items in this section are hereby appropriated out	154754
of any moneys in the state treasury to the credit of the	154755
designated fund. For all appropriations made in this act, those in	154756
the first column are for fiscal year 2014, and those in the second	154757
column are for fiscal year 2015.	154758

FND

AI TITLE

Appropriations

154759

BWC BUREAU OF WORKERS' COMPENSATION	154760

Workers' Compensation Fund Group	154761

7023	855401	William Green Lease Payments to OBA	$	16,026,100	$	0	154762
7023	855407	Claims, Risk and Medical Management	$	118,338,586	$	118,338,586	154763
7023	855408	Fraud Prevention	$	12,114,226	$	12,114,226	154764
7023	855409	Administrative Services	$	105,857,276	$	105,357,276	154765
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	154766
8220	855606	Coal Workers' Fund	$	147,666	$	147,666	154767
8230	855608	Marine Industry	$	75,527	$	75,527	154768
8250	855605	Disabled Workers Relief Fund	$	319,718	$	319,718	154769
8260	855609	Safety and Hygiene Operating	$	~~19,161,132~~ 21,661,132	$	~~19,161,132~~ 21,661,132	154770
8260	855610	~~Gear Program~~ Safety Grants	$	~~5,000,000~~ 15,000,000	$	~~5,000,000~~ 15,000,000	154771
8290	855604	Long Term Care Loan Program	$	100,000	$	100,000	154772
TOTAL WCF Workers' Compensation							154773
Fund Group			$	~~281,762,081~~ 294,262,081	$	~~265,235,981~~ 277,735,981	154774

Federal Special Revenue Fund Group	154775

3490	855601	OSHA Enforcement	$	1,731,000	$	1,731,000	154776
3FW0	855614	BLS SOII Grant	$	116,919	$	116,919	154777
TOTAL FED Federal Special Revenue Fund Group			$	1,847,919	$	1,847,919	154778
TOTAL ALL BUDGET FUND GROUPS			$	~~283,610,000~~ 296,110,000	$	~~267,083,900~~ 279,583,900	154779

WILLIAM GREEN LEASE PAYMENTS

154780

Of the foregoing appropriation item 855401, William Green	154781
Lease Payments, up to $16,026,100 shall be used to make lease	154782
payments to the Treasurer of State at the times they are required	154783
to be made during the period from July 1, 2013 to June 30, 2015,	154784
pursuant to leases and agreements made under section 154.24 of the	154785
Revised Code. If it is determined that additional appropriations	154786
are necessary for such purpose, such amounts are hereby	154787
appropriated.	154788

WORKERS' COMPENSATION FRAUD UNIT

154789

Of the foregoing appropriation item 855410, Attorney General	154790
Payments, $828,200 in each fiscal year shall be used to fund the	154791
expenses of the Workers' Compensation Fraud Unit within the	154792
Attorney General's Office. These payments shall be processed at	154793
the beginning of each quarter of each fiscal year and deposited	154794
into the Workers' Compensation Section Fund (Fund 1950) used by	154795
the Attorney General.	154796

SAFETY AND HYGIENE

154797

Notwithstanding section 4121.37 of the Revised Code, the	154798
Treasurer of State shall transfer ~~$19,161,132~~$21,661,132 cash in	154799
fiscal year 2014 and ~~$19,161,132~~$21,661,132 cash in fiscal year	154800
2015 from the State Insurance Fund to the Safety and Hygiene Fund	154801
(Fund 8260).	154802

OSHA ON-SITE CONSULTATION PROGRAM

154803

The Bureau of Workers' Compensation may designate a portion	154804
of appropriation item 855609, Safety and Hygiene Operating, to be	154805
used to match federal funding for the federal Occupational Safety	154806
and Health Administration's (OSHA) on-site consultation program.	154807

VOCATIONAL REHABILITATION

154808

The Bureau of Workers' Compensation and the Rehabilitation	154809
Services Commission shall enter into an interagency agreement for	154810
the provision of vocational rehabilitation services and staff to	154811
mutually eligible clients. The bureau may provide not more than	154812
$605,407 in fiscal year 2014 and not more than $605,407 in fiscal	154813
year 2015 from the State Insurance Fund to fund vocational	154814
rehabilitation services and staff in accordance with the	154815
interagency agreement.	154816

FUND BALANCE

154817

Any unencumbered cash balance in excess of $45,000,000 in the	154818
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	154819
June of each fiscal year shall be used to reduce the	154820
administrative cost rate charged to employers to cover	154821
appropriations for Bureau of Workers' Compensation operations.	154822

Section 605.04. That existing Section 1 of Sub. H.B. 34 of	154823
the 130th General Assembly is hereby repealed.	154824

Section 605.10. That Sections 205.10 and 506.10 of Am. Sub.	154825
H.B. 51 of the 130th General Assembly be amended to read as	154826
follows:	154827

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

154828

State Highway Safety Fund Group	154829

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	154830
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	154831
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	154832
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	154833
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	154834
7036	764321	Operating Expense - Highway Patrol	$	~~268,232,602~~ 268,743,502	$	270,232,602	154835
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	154836
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	154837
8310	761610	Information and Education - Federal	$	300,000	$	300,000	154838
8310	764608	FARS Grant Federal	$	175,000	$	175,000	154839
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	154840
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	154841
8310	765610	EMS - Federal	$	225,000	$	225,000	154842
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	154843
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	154844
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	154845
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	154846
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	154847
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	154848
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	154849
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	154850
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	154851
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	154852
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	154853
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	154854
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	154855
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	154856
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	154857
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	154858
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	154859
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	154860
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	154861
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	154862
TOTAL HSF State Highway Safety Fund Group			$	~~515,450,460~~ 515,961,360	$	517,434,364	154863

General Services Fund Group	154864

4P60	768601	Justice Program Services	$	900,000	$	875,000	154865
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	154866
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	154867
TOTAL GSF General Services Fund Group			$	~~6,290,946~~ 6,000,946	$	~~6,265,946~~ 5,975,946	154868

Federal Special Revenue Fund Group	154869

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	154870
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	154871
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	154872
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	154873
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	154874
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	154875
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	154876
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	154877
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	154878
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	154879
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	154880
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	154881
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	154882
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	154883
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	154884

State Special Revenue Fund Group	154885

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	154886
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	154887
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	154888
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	154889
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	154890
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	154891
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	154892
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	154893
5FL0	769634	Investigations	$	899,300	$	899,300	154894
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	154895
~~5BP0~~	~~764609~~	~~DPS Wireless 911 Administration~~	$	~~290,000~~	$	~~290,000~~	154896
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	154897
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	154898
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	154899
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	154900
TOTAL SSR State Special Revenue Fund Group			$	~~15,049,767~~ 14,759,767	$	~~15,039,767~~ 14,749,767	154901

Agency Fund Group	154902

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		154903
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		154904

Holding Account Redistribution Fund Group	154905

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	154906
R052	762623	Security Deposits	$	350,000	$	350,000	154907
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	154908
TOTAL ALL BUDGET FUND GROUPS			$	~~673,558,888~~ 673,779,788	$	~~675,952,792~~ 675,662,792	154909

MOTOR VEHICLE REGISTRATION

154910

The Registrar of Motor Vehicles may deposit revenues to meet	154911
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	154912
4W40) established in section 4501.25 of the Revised Code, obtained	154913
under sections 4503.02 and 4504.02 of the Revised Code, less all	154914
other available cash. Revenue deposited pursuant to this paragraph	154915
shall support, in part, appropriations for operating expenses and	154916
defray the cost of manufacturing and distributing license plates	154917
and license plate stickers and enforcing the law relative to the	154918
operation and registration of motor vehicles. Notwithstanding	154919
section 4501.03 of the Revised Code, the revenues shall be paid	154920
into Fund 4W40 before any revenues obtained pursuant to sections	154921
4503.02 and 4504.02 of the Revised Code are paid into any other	154922
fund. The deposit of revenues to meet the aforementioned cash	154923
needs shall be in approximately equal amounts on a monthly basis	154924
or as otherwise determined by the Director of Budget and	154925
Management pursuant to a plan submitted by the Registrar of Motor	154926
Vehicles.	154927

OPERATING EXPENSE – BMV

154928

Of the foregoing appropriation item 762321, Operating Expense	154929
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	154930
costs associated with improvements to the program to accept	154931
applications for registration transactions of apportionable	154932
vehicles electronically over the internet.	154933

OPERATING EXPENSE - INFORMATION AND EDUCATION

154934

Of the foregoing appropriation item 761321, Operating Expense	154935
– Information and Education, up to $250,000 in each fiscal year	154936
may be used to fund state employees to staff travel information	154937
centers on the border of the state.	154938

The Department of Public Safety shall conduct a study for	154939
partnering with local travel and tourism centers, as well as a	154940
study for the creation of the Ohio Ambassadors Volunteer Program	154941
at rest stops.	154942

LEASE RENTAL PAYMENTS

154943

The foregoing appropriation item 761401, Lease Rental	154944
Payments, shall be used for payments to the Treasurer of State for	154945
the period July 1, 2013, through June 30, 2015, under the primary	154946
leases and agreements for public safety related buildings. The	154947
appropriations are the source of funds pledged for bond service	154948
charges on obligations pursuant to Chapters 152. and 154. of the	154949
Revised Code.	154950

OPERATING EXPENSE - HIGHWAY PATROL

154951

On July 1, 2013, or as soon as possible thereafter, the	154952
Director of Budget and Management shall transfer $510,900 cash	154953
from the GRF to the State Highway Safety Fund (Fund 7036). The	154954
transferred cash shall be used by the State Highway Patrol for the	154955
purchase of specialized equipment for examining commercial truck	154956
cargo.	154957

CASH TRANSFERS BETWEEN FUNDS

154958

Notwithstanding any provision of law to the contrary, the	154959
Director of Budget and Management, upon the written request of the	154960
Director of Public Safety, may transfer cash between the following	154961
six funds: the Trauma and Emergency Medical Services Fund (Fund	154962
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	154963
Fund (Fund 5FL0), the Emergency Management Agency Service and	154964
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	154965
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	154966
4W40).	154967

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	154968
PLATE CONTRIBUTION FUND	154969

On July 1, 2013, or as soon as possible thereafter, the	154970
Director of Budget and Management may transfer the cash balance in	154971
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	154972
Contribution Fund (Fund 5V10). Upon completion of the transfer,	154973
Fund 5JS0 is hereby abolished.	154974

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	154975
STATE HIGHWAY SAFETY FUND	154976

Not later than January 1, 2014, the Director of Budget and	154977
Management may transfer the cash balance in the Hilltop Utility	154978
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	154979
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	154980
abolished. The Director shall cancel any existing encumbrances	154981
against appropriation item 766661, Hilltop Utility Reimbursement,	154982
and reestablish them against appropriation item 761321, Operating	154983
Expense – Information and Education. The reestablished encumbrance	154984
amounts are hereby appropriated.	154985

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	154986
SAFETY FUND	154987

On July 1, 2013, or as soon as possible thereafter, the	154988
Director of Budget and Management shall transfer the cash balance	154989
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	154990
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	154991
Fund 8380 is abolished.	154992

STATE DISASTER RELIEF

154993

The State Disaster Relief Fund (Fund 5330) may accept	154994
transfers of cash and appropriations from Controlling Board	154995
appropriation items for Ohio Emergency Management Agency disaster	154996
response costs and disaster program management costs, and may also	154997
be used for the following purposes:	154998

(A) To accept transfers of cash and appropriations from	154999
Controlling Board appropriation items for Ohio Emergency	155000
Management Agency public assistance and mitigation program match	155001
costs to reimburse eligible local governments and private	155002
nonprofit organizations for costs related to disasters;	155003

(B) To accept and transfer cash to reimburse the costs	155004
associated with Emergency Management Assistance Compact (EMAC)	155005
deployments;	155006

(C) To accept disaster related reimbursement from federal,	155007
state, and local governments. The Director of Budget and	155008
Management may transfer cash from reimbursements received by this	155009
fund to other funds of the state from which transfers were	155010
originally approved by the Controlling Board.	155011

(D) To accept transfers of cash and appropriations from	155012
Controlling Board appropriation items to fund the State Disaster	155013
Relief Program, for disasters that qualify for the program by	155014
written authorization of the Governor, and the State Individual	155015
Assistance Program for disasters that have been declared by the	155016
federal Small Business Administration and that qualify for the	155017
program by written authorization of the Governor. The Ohio	155018
Emergency Management Agency shall publish and make available	155019
application packets outlining procedures for the State Disaster	155020
Relief Program and the State Individual Assistance Program.	155021

JUSTICE ASSISTANCE GRANT FUND

155022

The federal payments made to the state for the Byrne Justice	155023
Assistance Grants Program under Title II of Division A of the	155024
American Recovery and Reinvestment Act of 2009 shall be deposited	155025
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	155026
which is hereby created in the state treasury. All investment	155027
earnings of the fund shall be credited to the fund.	155028

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	155029
AGENCY SERVICE AND REIMBURSEMENT FUND	155030

On July 1 of each fiscal year, or as soon as possible	155031
thereafter, the Director of Budget and Management shall transfer	155032
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	155033
Emergency Management Agency Service and Reimbursement Fund (Fund	155034
4V30) to be distributed to the Ohio Task Force One – Urban Search	155035
and Rescue Unit, other similar urban search and rescue units	155036
around the state, and for the maintenance of the statewide fire	155037
emergency response plan by an entity recognized by the Ohio	155038
Emergency Management Agency.	155039

FAMILY VIOLENCE PREVENTION FUND

155040

Notwithstanding any provision of law to the contrary, in each	155041
of fiscal years 2014 and 2015, the first $750,000 received to the	155042
credit of the Family Violence Prevention Fund (Fund 5BK0) is	155043
appropriated to appropriation item 768689, Family Violence Shelter	155044
Programs, and the next $400,000 received to the credit of Fund	155045
5BK0 in each of those fiscal years is appropriated to	155046
appropriation item 768687, Criminal Justice Services - Operating.	155047
Any moneys received to the credit of Fund 5BK0 in excess of the	155048
aforementioned appropriated amounts in each fiscal year shall,	155049
upon the approval of the Controlling Board, be used to provide	155050
grants to family violence shelters in Ohio.	155051

SARA TITLE III HAZMAT PLANNING

155052

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	155053
entitled to receive grant funds from the Emergency Response	155054
Commission to implement the Emergency Management Agency's	155055
responsibilities under Chapter 3750. of the Revised Code.	155056

COLLECTIVE BARGAINING INCREASES

155057

Notwithstanding division (D) of section 127.14 and division	155058
(B) of section 131.35 of the Revised Code, except for the General	155059
Revenue Fund, the Controlling Board may, upon the request of	155060
either the Director of Budget and Management, or the Department of	155061
Public Safety with the approval of the Director of Budget and	155062
Management, authorize expenditures in excess of appropriations and	155063
transfer appropriations, as necessary, for any fund used by the	155064
Department of Public Safety, to assist in paying the costs of	155065
increases in employee compensation that have occurred pursuant to	155066
collective bargaining agreements under Chapter 4117. of the	155067
Revised Code and, for exempt employees, under section 124.152 of	155068
the Revised Code. Any money approved for expenditure under this	155069
paragraph is hereby appropriated.	155070

CASH BALANCE FUND REVIEW

155071

Not later than the first day of April in each fiscal year of	155072
the biennium, the Director of Budget and Management shall review	155073
the cash balances for each fund, except the State Highway Safety	155074
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	155075
4W40), in the State Highway Safety Fund Group, and shall recommend	155076
to the Controlling Board an amount to be transferred to the credit	155077
of Fund 7036 or Fund 4W40, as appropriate.	155078

AUTO REGISTRATION DISTRIBUTION FUND

155079

Notwithstanding the amendment by this act to section 4501.03	155080
of the Revised Code and the enactment by this act of section	155081
4501.031 of the Revised Code, any license tax assessed under	155082
Chapters 4503. or 4504. of the Revised Code, and derived from	155083
registrations processed on business days prior to July 1, 2013,	155084
shall be deposited to the state treasury to the credit of the Auto	155085
Registration Distribution Fund (Fund 7051) created by section	155086
4501.03 of the Revised Code, even if such deposit does not occur	155087
until on or after July 1, 2013. All license tax assessed on	155088
registrations under Chapters 4503. or 4504. of the Revised Code	155089
prior to July 1, 2013, shall be deposited, and distributed, in	155090
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	155091
4501.043 of the Revised Code as they existed prior to the	155092
amendments to those sections by this act.	155093

Sec. 506.10. Notwithstanding division (A)(3) of section	155094
4501.044 and division (A)(1) of section 4501.045 of the Revised	155095
Code, commencing July 1, 2013, and extending through June 30,	155096
2014, the Director of Public Safety shall deposit the money	155097
otherwise deposited and distributed in accordance with those	155098
divisions into the State Highway Safety Fund (Fund 7036) created	155099
by section 4501.06 of the Revised Code until such time as the	155100
deposits equal a cumulative total of ~~$35,000,000~~$29,000,000. At	155101
that point, the Director shall cease depositing any such money	155102
into Fund 7036 and shall deposit and distribute that money as	155103
prescribed in division (A)(3) of section 4501.044 and division	155104
(A)(1) of section 4501.045 of the Revised Code.	155105

Notwithstanding division (A)(3) of section 4501.044 and	155106
division (A)(1) of section 4501.045 of the Revised Code,	155107
commencing July 1, 2014, and extending through June 30, 2015, the	155108
Director of Public Safety shall deposit the money otherwise	155109
deposited and distributed in accordance with those divisions into	155110
the State Highway Safety Fund (Fund 7036) created by section	155111
4501.06 of the Revised Code until such time as the deposits equal	155112
a cumulative total of $35,000,000. At that point, the Director	155113
shall cease depositing any such money into Fund 7036 and shall	155114
deposit and distribute that money as prescribed in division (A)(3)	155115
of section 4501.044 and division (A)(1) of section 4501.045 of the	155116
Revised Code.	155117

Section 605.11. That existing Sections 205.10 and 506.10 of	155118
Am. Sub. H.B. 51 of the 130th General Assembly is hereby repealed.	155119

Section 605.20. That Section 753.30 of Am. Sub. H.B. 153 of	155120
the 129th General Assembly be amended to read as follows:	155121

Sec. 753.30. (A) The Governor is authorized to execute a deed	155122
in the name of the state conveying to a buyer or buyers to be	155123
determined in the manner provided in division (B) of this section	155124
all of the state's right, title, and interest in the real property	155125
of any facility under the management and control of the Department	155126
of Youth Services following the closure of that facility that the	155127
Director of Administrative Services determines is no longer	155128
required for state purposes. This section applies only to	155129
facilities that are closed before January 1, 2012.	155130

(B)(1) The Director of Administrative Services shall offer	155131
the real estate, improvements and chattels of a facility sold	155132
pursuant to division (A) of this section for sale "as is" in its	155133
present condition according to the following process:	155134

The real estate of the facility shall be sold as an entire	155135
parcel and not subdivided.	155136

The Director of Administrative Services shall conduct a	155137
sealed bid sale and the real property of the facility shall be	155138
sold to the highest bidder at a price acceptable to both the	155139
Director of Administrative Services and the Director of Youth	155140
Services.	155141

(2) The contract for sale of a facility pursuant to this	155142
section shall include a condition that requires the purchaser to	155143
provide preferential hiring treatment to employees or former	155144
employees of the Department of Youth Services in order to retain	155145
or rehire staff displaced as a result of the closure of the	155146
facility located on the property, to the extent the purchaser's	155147
use of the facility requires employees in the same or similar	155148
positions as those displaced as a result of the closure.	155149

The contract for sale also shall include a binding commitment	155150
that irrevocably grants to the state a right, upon the occurrence	155151
of any triggering event described in division (B)(2)(a) or (b) of	155152
this section and in accordance with the particular division, to	155153
repurchase the facility and the real property on which it is	155154
situated, any surrounding land that is to be transferred under the	155155
contract, or both the facility and real property on which it is	155156
situated plus the surrounding land that is to be transferred under	155157
the contract. The triggering events and the procedures for a	155158
repurchase under the irrevocable grant described in this division	155159
are as follows:	155160

(a) Before the purchaser, or the purchaser's successor in	155161
title, may resell or otherwise transfer the facility and the real	155162
property on which it is situated, any surrounding land that is to	155163
be transferred under the contract, or both the facility and real	155164
property on which it is situated plus the surrounding land that is	155165
to be transferred under the contract, the purchaser or successor	155166
first must offer the state the opportunity to repurchase the	155167
facility, real property, and surrounding land that is to be resold	155168
or transferred for a price not greater than the purchase price	155169
paid to the state for that facility, real property, or surrounding	155170
land, less depreciation from the time of the conveyance of that	155171
facility, real property, or surrounding land to the purchaser,	155172
plus the depreciated value of any capital improvements to that	155173
facility, real property, or surrounding land that were made to it	155174
and funded by anyone other than the state subsequent to the	155175
conveyance to the purchaser. The repurchase opportunity described	155176
in this division must be offered to the state at least one hundred	155177
twenty days before the purchaser intends to resell or otherwise	155178
transfer the facility, real property, or surrounding land that is	155179
to be resold or transferred. After being offered the repurchase	155180
opportunity, the state has the right to repurchase the facility,	155181
real property, and surrounding land that is to be resold or	155182
otherwise transferred for the price described in this division.	155183

(b) Upon the purchaser's default of any financial agreement	155184
for the purchase of the facility and the real property on which it	155185
is situated, any surrounding land that is to be transferred under	155186
the contract, or both the facility and real property on which it	155187
is situated plus the surrounding land that is to be transferred	155188
under the contract, upon the purchaser's default of any other term	155189
in the contract, or upon the purchaser's financial insolvency or	155190
inability to meet its contractual obligations, the state has the	155191
right to repurchase the facility and real property, the	155192
surrounding land, or both the facility and real property and the	155193
surrounding land, for a price not greater than the purchase price	155194
paid to the state for that facility, real property, or surrounding	155195
land, less depreciation from the time of the conveyance of that	155196
facility, real property, or surrounding land to the purchaser,	155197
plus the depreciated value of any capital improvements to that	155198
facility, real property, or surrounding land that were made to it	155199
and funded by anyone other than the state subsequent to the	155200
conveyance to the purchaser.	155201

(3) The Director of Administrative Services shall advertise	155202
the sealed bid sale in a newspaper of general circulation within	155203
Scioto County once a week for three consecutive weeks prior to the	155204
date of the sealed bid sale. The Director of Administrative	155205
Services may reject any and all bids from the sealed bid sale. The	155206
terms of sale shall be ten per cent of the purchase price in cash,	155207
bank draft, or certified check payable within five business days	155208
following written notification of the acceptance of the bid by the	155209
Director of Administrative Services, with the balance payable	155210
within sixty days after the date of the written notification of	155211
the acceptance of the bid by the Director of Administrative	155212
Services. A purchaser who does not complete the conditions of the	155213
sale as prescribed in this division shall forfeit the ten per cent	155214
of the purchase price paid to the state as liquidated damages.	155215
Should a purchaser not complete the conditions of sale as	155216
described in this division, the Director of Administrative	155217
Services is authorized to accept the next highest bid by	155218
collecting ten per cent of the revised purchase price from that	155219
bidder and to proceed to close the sale, provided that the	155220
secondary bid meets all other criteria provided for in this	155221
section. If the Director of Administrative Services rejects all	155222
bids from the sealed bid sale, the Director may repeat the sealed	155223
bid process described in this section or may use an alternate sale	155224
process acceptable to the Director of Youth Services.	155225

Advertising costs and any other costs incident to the sale of	155226
a facility pursuant to this section shall be paid by the	155227
Department of Youth Services.	155228

Upon notice from the Director of Administrative Services, the	155229
Auditor of State, with the assistance of the Attorney General,	155230
shall prepare a deed to the facility to the purchaser identified	155231
by the Director of Administrative Services. The deed shall be	155232
executed by the Governor, countersigned by the Secretary of State,	155233
presented in the Office of the Auditor of State for recording, and	155234
delivered to the grantee at closing and upon the grantee's payment	155235
of the balance of the purchase price. The grantee shall present	155236
the deed for recording in the office of the recorder of the county	155237
in which the facility is located.	155238

The grantee shall pay all costs associated with the purchase	155239
and conveyance of the facility, including the costs of recording	155240
the deed.	155241

The net proceeds of the conveyance of the facility shall be	155242
deposited into the State Treasury to the credit of the Adult and	155243
Juvenile Correctional Facilities Bond Retirement Fund and shall be	155244
used to offset bond indebtedness on state bonds issued for the	155245
facility that has been sold. The Director of Budget and Management	155246
may direct that any moneys remaining in the fund after the	155247
redemption or defeasance of the bonds issued for that facility be	155248
transferred to the General Revenue Fund.	155249

(C) This section expires two years after its effective date	155250
or on November 1, 2015, whichever is later.	155251

Section 605.21. That existing Section 753.30 of Am. Sub. H.B.	155252
153 of the 129th General Assembly is hereby repealed.	155253

Section 605.30. That Section 11 of Sub. H.B. 303 of the 129th	155254
General Assembly be amended to read as follows:	155255

Sec. 11. (A) As used in this section, "intermediate care	155256
facility for individuals with intellectual disabilities" and	155257
"ICF/IID" mean an intermediate care facility for the mentally	155258
retarded as defined in the "Social Security Act," section 1905(d),	155259
42 U.S.C. 1396d(d).	155260

(B) The Department of Developmental Disabilities may conduct	155261
or contract with another entity to conduct, for the first quarter	155262
of calendar year 2013, assessments of all residents of each	155263
ICF/IID, regardless of payment source, who are in the ICF/IID, or	155264
on hospital or therapeutic leave from the ICF/IID, on the day or	155265
days that the assessments are conducted at the ICF/IID.	155266

(C) If assessments are conducted under division (B) of this	155267
section, the Department shall do all of the following:	155268

(1) In conducting the assessments, provide for both of the	155269
following:	155270

(a) The resident assessment instrument prescribed in rules	155271
authorized by ~~division (B) of~~ section ~~5111.232~~5124.191 of the	155272
Revised Code to be used in accordance with an inter-rater reliable	155273
process;	155274

(b) The assessments to be performed by individuals who meet	155275
the requirements to be qualified intellectual disability	155276
professionals, as specified in 42 C.F.R. 483.430(a).	155277

(2) Use the data obtained from the assessments to determine	155278
each ICF/IID's case-mix score for the first quarter of calendar	155279
year 2013;	155280

(3) ~~For the purpose of determining each ICF/IID's fiscal year~~	155281
~~2014 Medicaid rates for direct care costs and subject~~Subject to	155282
divisions (C)~~(8)~~(7), (D), and ~~(E)~~(F) of this section, ~~do both of~~	155283
~~the following~~determine the fiscal year 2014 Medicaid payment rate	155284
for the direct care costs of each ICF/IID as follows:	155285

(a) Determine the average of the following:

155286

(i) The ICF/IID's case-mix score determined or assigned under	155287
section 5124.192 of the Revised Code for the last quarter of	155288
calendar year 2012;	155289

(ii) The ICF/IID's case-mix score determined under section	155290
5124.192 of the Revised Code for the first quarter of calendar	155291
year 2013;	155292

(iii) The ICF/IID's case-mix score determined under division	155293
(C)(2) of this section for the first quarter of calendar year	155294
2013.	155295

(b) In determining costs per case-mix units and maximum costs	155296
per case-mix units for the purpose of ~~division~~divisions (B) and	155297
(C) of section ~~5111.23~~5124.19 of the Revised Code, use ~~each~~	155298
~~ICF/IID's case-mix score~~the average determined under division	155299
(C)~~(2)~~(3)(a) of this section in place of the ICF/IID's average	155300
case-mix score for calendar year 2012;	155301

~~(b) Instead of determining quarterly Medicaid rates for the~~	155302
~~direct care costs of each ICF/IID pursuant to division (D) of~~	155303
~~section 5111.23 of the Revised Code, determine, as follows, one~~	155304
~~Medicaid rate for the direct care costs of each ICF/IID to be paid~~	155305
~~for all of fiscal year 2014:~~	155306

~~(i)~~(c) Multiply the ~~ICF/IID's case-mix score~~average	155307
determined under division (C)~~(2)~~(3)(a) of this section by the	155308
lesser of the cost per case-mix unit determined for the ICF/IID	155309
pursuant to division (C)(3)~~(a)~~(b) of this section or the maximum	155310
cost per case-mix unit determined for the ICF/IID's peer group	155311
pursuant to division (C)(3)~~(a)~~(b) of this section;	155312

~~(ii)~~(d) Adjust the product determined under division	155313
(C)(3)~~(b)(i)~~(c) of this section by the inflation rate estimated in	155314
accordance with division ~~(B)(3)~~(D) of section ~~5111.23~~5124.19 of	155315
the Revised Code.	155316

(4) For the purpose of determining each ICF/IID's fiscal year	155317
2015 Medicaid rates for direct care costs and subject to division	155318
(C)~~(8)~~(7) of this section, use the ~~following when determining,~~	155319
~~pursuant to the second paragraph of division (C) of section~~	155320
~~5111.232 of the Revised Code, each~~ ICF/IID's ~~annual average~~	155321
case-mix score determined under division (C)(2) of this section	155322
for the first quarter of calendar year 2013:	155323

~~(a) For the first quarter of calendar year 2013, the~~	155324
~~ICF/IID's case-mix score determined under division (C)(2) of this~~	155325
~~section;~~	155326

~~(b) For the last three quarters of calendar year 2013 and~~	155327
~~except as provided in division (D) of section 5111.232 of the~~	155328
~~Revised Code, the ICF/IID's case-mix scores determined by using~~	155329
~~the data the ICF/IID provider compiles in accordance with the~~	155330
~~first paragraph of division (C) of section 5111.232 of the Revised~~	155331
~~Code.~~if the ICF/IID provider does not submit resident assessment	155332
data for that quarter pursuant to section 5124.191 of the Revised	155333
Code;	155334

(5) ~~Notify each ICF/IID provider that the provider is~~	155335
~~permitted but not required to compile assessment data for the~~	155336
~~first quarter of calendar year 2013 pursuant to the first~~	155337
~~paragraph of division (C) of section 5111.232 of the Revised Code;~~	155338

~~(6)~~ After the assessments of all of an ICF/IID's residents	155339
are completed but not later than April 30, 2013, provide, or have	155340
the entity (if any) with which the Department contracts pursuant	155341
to division (B) of this section provide, the results of the	155342
assessments to the ICF/IID provider;	155343

~~(7)~~(6) Conduct, in accordance with division (C)~~(8)~~(7) of this	155344
section, a reconsideration for any ICF/IID provider who does both	155345
of the following:	155346

(a) Submits a written request for the reconsideration to the	155347
Department not later than fifteen days after the provider receives	155348
the assessments' results pursuant to division (C)~~(6)~~(5) of this	155349
section;	155350

(b) Includes in the request all of the following:

155351

(i) A detailed explanation of the items in the assessments'	155352
results that the provider disputes;	155353

(ii) Copies of relevant supporting documentation from	155354
specific resident records;	155355

(iii) The provider's proposed resolution of the disputes.

155356

~~(8)~~(7) When conducting a reconsideration required by division	155357
(C)~~(7)~~(6) of this section, do both of the following:	155358

(a) Consider all of the following:

155359

(i) The historic results of the resident assessments	155360
performed pursuant to section 5124.191 of the Revised Code	155361
(formerly the first paragraph of division (C) of section ~~5111.232~~	155362
5124.19 of the Revised Code as that section existed on the day	155363
immediately before the effective date of the amendments to that	155364
section by Sub. H.B. 59 of the 130th general assembly) by the	155365
ICF/IID provider who requested the reconsideration;	155366

(ii) All of the materials the provider includes in the	155367
reconsideration request;	155368

(iii) All other matters the Department determines necessary	155369
for consideration.	155370

(b) Issue a written decision regarding the reconsideration	155371
not later than the sooner of the following:	155372

(i) Thirty days after the Department receives the	155373
reconsideration request;	155374

(ii) June 1, 2013.

155375

(D) If an ICF/IID provider does not submit resident	155376
assessment data to the department pursuant to section 5124.191 of	155377
the Revised Code for the first quarter of calendar year 2013, the	155378
Department shall use the case-mix scores specified in divisions	155379
(C)(3)(a)(i) and (iii) of this section when determining the	155380
average under division (C)(3)(a) of this section.	155381

(E) The Department's decision regarding a reconsideration	155382
required by division (C)~~(7)~~(6) of this section is final and not	155383
subject to further appeal.	155384

~~(E)~~(F) Regardless of what an ICF/IID's case-mix score is	155385
determined to be under division (C)(2) of this section or pursuant	155386
to a reconsideration required by division (C)~~(7)~~(6) of this	155387
section, no such case-mix score shall cause an ICF/IID's fiscal	155388
year 2014 Medicaid payment rate for direct care costs to be less	155389
than ninety per cent of its June 30, 2013, Medicaid rate for	155390
direct care costs.	155391

~~(F)~~(G) No ICF/IID provider shall be treated as having failed,	155392
for the first quarter of calendar year 2013, to timely submit data	155393
necessary to determine the ICF/IID's case-mix score for that	155394
quarter if the assessment is to be conducted under division (B) of	155395
this section.	155396

~~(G)~~(H) The Department may provide for assessments to be	155397
conducted under division (B) of this section and, if it so	155398
provides, shall comply with the other divisions of this section	155399
notwithstanding anything to the contrary in sections ~~5111.20~~	155400
5124.01, ~~5111.23~~5124.19, 5124.191, and ~~5111.232~~5124.192 of the	155401
Revised Code.	155402

Section 605.31. That existing Section 11 of Sub. H.B. 303 of	155403
the 129th General Assembly is hereby repealed.	155404

Section 605.40. That Section 4 of Am. Sub. H.B. 472 of the	155405
129th General Assembly be amended to read as follows:	155406

Sec. 4. That ~~sections 5507.40 and~~section 5507.53 of the	155407
Revised Code ~~are~~is hereby repealed.	155408

Section 605.41. That existing Section 4 of Am. Sub. H.B. 472	155409
of the 129th General Assembly is hereby repealed.	155410

Section 610.10. That Sections 201.80, 205.83, and 509.40 of	155411
Sub. H.B. 482 of the 129th General Assembly be amended to read as	155412
follows:	155413

Sec. 201.80. All items set forth in this section are hereby	155414
appropriated out of any moneys in the state treasury to the credit	155415
of the School Building Program Assistance Fund (Fund 7032), that	155416
are not otherwise appropriated.	155417

Appropriations

SFC SCHOOL FACILITIES COMMISSION	155418

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	155419
C23020	School Security Grant Program	$	12,000,000	155420
Total School Facilities Commission		$	425,000,000	155421
TOTAL School Building Program Assistance Fund		$	425,000,000	155422

SCHOOL BUILDING PROGRAM ASSISTANCE

155423

The foregoing appropriation item C23002, School Building	155424
Program Assistance, shall be used by the School Facilities	155425
Commission to provide funding to school districts that receive	155426
conditional approval from the Commission pursuant to Chapter 3318.	155427
of the Revised Code.	155428

SCHOOL SECURITY GRANT PROGRAM

155429

The foregoing appropriation item C23020, School Security	155430
Grant Program, shall be used by the School Facilities Commission	155431
to provide funding to all public schools for the purchase and	155432
installation of one Multi-Agency Radio Communications System unit	155433
per school building and one school entrance security system, per	155434
school building. The school entrance security system may include	155435
improvements to access control, intrusion detection, or video	155436
surveillance. A school may apply to the School Facilities	155437
Commission for reimbursement up to $2,000 for one Multi-Agency	155438
Radio Communications System Unit per school building and up to	155439
$5,000 for costs incurred with the purchase of a school entrance	155440
security system installed on or after January 1, 2013.	155441

Sec. 205.83. The Ohio Public Facilities Commission is hereby	155442
authorized to issue and sell, in accordance with Section 2o and 2q	155443
of Article VIII, Ohio Constitution, and pursuant to sections	155444
151.01 and 151.09 of the Revised Code, original obligations of the	155445
state in an aggregate principal amount not to exceed $~~6,000,000~~	155446
12,500,000 in addition to the original issuance of obligations	155447
heretofore authorized by prior acts of the General Assembly. These	155448
authorized obligations shall be issued and sold from time to time,	155449
subject to applicable constitutional and statutory limitations, as	155450
needed to ensure sufficient moneys to the credit of the Clean Ohio	155451
Trail Fund (Fund 7061) to pay costs of conservation projects.	155452

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	155453
PROJECTS	155454

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	155455
the Revised Code, the Executive Director of ~~Administrative~~	155456
~~Services~~the Ohio Facilities Construction Commission may authorize	155457
the Departments of Mental Health, Developmental Disabilities,	155458
Agriculture, Job and Family Services, Rehabilitation and	155459
Correction, Youth Services, Public Safety, Transportation, ~~and~~	155460
Veterans Services, and the Bureau of Workers' Compensation to	155461
administer any capital facilities projects, the estimated cost of	155462
which, including design fees, construction, equipment, and	155463
contingency amounts, is less than $1,500,000. Requests for	155464
authorization to administer capital facilities projects shall be	155465
made ~~in writing to the Director of Administrative Services~~through	155466
the OAKS-CI application by the applicable state agency ~~within~~	155467
~~sixty days after the effective date of the section of law in which~~	155468
~~the General Assembly initially makes an appropriation for the~~	155469
~~project~~. Upon the release of funds for the projects by the	155470
Controlling Board or the Director of Budget and Management, the	155471
agency may administer the capital project or projects for which	155472
agency administration has been authorized without the supervision,	155473
control, or approval of the Executive Director of ~~Administrative~~	155474
~~Services~~the Ohio Facilities Construction Commission.	155475

A state agency authorized by the Executive Director of	155476
~~Administrative Services~~the Ohio Facilities Construction	155477
Commission to administer capital facilities projects pursuant to	155478
this section shall comply with the applicable procedures and	155479
guidelines established in Chapter 153. of the Revised Code and	155480
shall track all project information in OAKS-CI pursuant to Ohio	155481
Facilities Construction Commission guidelines.	155482

Section 610.11. That existing Sections 201.80, 205.83, and	155483
509.40 of Sub. H.B. 482 of the 129th General Assembly are hereby	155484
repealed.	155485

Section 610.14. That Sections 301.11, 301.12, and 301.13 of	155486
Am. Sub. H.B. 487 of the 129th General Assembly be amended to read	155487
as follows:	155488

Sec. 301.11. The items set forth in this section are hereby	155489
appropriated out of any moneys in the state treasury to the credit	155490
of the Clean Ohio Conservation Fund (Fund 7056) that are not	155491
otherwise appropriated.	155492

Appropriations

PWC PUBLIC WORKS COMMISSION	155493

C15060	Clean Ohio Conservation	$	~~36,000,000~~ 75,000,000	155494
Total Public Works Commission		$	~~36,000,000~~ 75,000,000	155495
TOTAL Clean Ohio Conservation Fund		$	~~36,000,000~~ 75,000,000	155496

The foregoing appropriation item C15060, Clean Ohio	155497
Conservation, shall be used in accordance with sections 164.20 to	155498
164.27 of the Revised Code. If the Public Works Commission	155499
receives refunds due to project overpayments that are discovered	155500
during the post-project audit, the Director of the Public Works	155501
Commission may certify to the Director of Budget and Management	155502
that refunds have been received. If the Director of Budget and	155503
Management determines that the project refunds are available to	155504
support additional appropriations, such amounts are hereby	155505
appropriated.	155506

Sec. 301.12. The items set forth in this section are hereby	155507
appropriated out of any moneys in the state treasury to the credit	155508
of the Clean Ohio Agricultural Easement Fund (Fund 7057) that are	155509
not otherwise appropriated.	155510

Appropriations

AGR DEPARTMENT OF AGRICULTURE	155511

C70009	Clean Ohio Agricultural Easements	$	~~6,000,000~~ 12,500,000	155512
Total Department of Agriculture		$	~~6,000,000~~ 12,500,000	155513
TOTAL Clean Ohio Agricultural Easement Fund		$	~~6,000,000~~ 12,500,000	155514

Sec. 301.13. (A) The Ohio Public Facilities Commission is	155516
hereby authorized to issue and sell, in accordance with Section 2o	155517
and 2q of Article VIII, Ohio Constitution, and pursuant to	155518
sections 151.01 and 151.09 of the Revised Code, original	155519
obligations of the state in an aggregate principal amount not to	155520
exceed $~~36,000,000~~75,000,000 in addition to the original issuance	155521
of obligations heretofore authorized by prior acts of the General	155522
Assembly. These authorized obligations shall be issued and sold	155523
from time to time, subject to applicable constitutional and	155524
statutory limitations, as needed to ensure sufficient moneys to	155525
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	155526
costs of conservation projects.	155527

(B) The Ohio Public Facilities Commission is hereby	155528
authorized to issue and sell, in accordance with Section 2o and 2q	155529
of Article VIII, Ohio Constitution, and pursuant to sections	155530
151.01 and 151.09 of the Revised Code, original obligations of the	155531
state in an aggregate principal amount not to exceed $~~6,000,000~~	155532
12,500,000 in addition to the original issuance of obligations	155533
heretofore authorized by prior acts of the General Assembly. These	155534
authorized obligations shall be issued and sold from time to time,	155535
subject to applicable constitutional and statutory limitations, as	155536
needed to ensure sufficient moneys to the credit of the Clean Ohio	155537
Agricultural Easement Fund (Fund 7057) to pay costs of	155538
conservation projects.	155539

Section 610.15. That existing Sections 301.11, 301.12, and	155540
301.13 of Am. Sub. H.B. 487 of the 129th General Assembly are	155541
hereby repealed.	155542

Section 610.16. That Section 205.80 of Sub. H.B. 482 of the	155543
129th General Assembly, as amended by Am. Sub. H.B. 487 of the	155544
129th General Assembly, be amended to read as follows:	155545

Sec. 205.80. The items set forth in this section are hereby	155546
appropriated out of any moneys in the state treasury to the credit	155547
of the Clean Ohio Trail Fund (Fund 7061) that are not otherwise	155548
appropriated.	155549

DNR DEPARTMENT OF NATURAL RESOURCES	155550

Appropriations

C72514	Clean Ohio Local Grants	$	~~6,000,000~~ 12,500,000	155551
Total Department of Natural Resources		$	~~6,000,000~~ 12,500,000	155552
TOTAL Clean Ohio Trail Fund		$	~~6,000,000~~ 12,500,000	155553

Section 610.17. That existing Section 205.80 of Sub. H.B. 482	155555
of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of	155556
the 129th General Assembly, is hereby repealed.	155557

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	155558
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	155559
General Assembly, be amended to read as follows:	155560

Sec. 4. The following agencies are retained under division	155561
(D) of section 101.83 of the Revised Code and expire on December	155562
31, 2016:	155563

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	155564
Academic Distress Commission	3302.10	155565
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	155566
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	155567
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	155568
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	155569
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	155570
Advisory Committee on Livestock Exhibitions	901.71	155571
Agricultural Commodity Marketing Programs Operating Committees	924.07	155572
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	155573
Alternative Energy Advisory Committee	4928.64(D)	155574
AMBER Alert Advisory Committee	5502.521	155575
Apprenticeship Council	Chapter 4139.	155576
Armory Board of Control	5911.09, 5911.12	155577
Automated Title Processing Board	4505.09(C)(1)	155578
Backflow Advisory Board	3703.21	155579
Banking Commission	1123.01	155580
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	155581
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	155582
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	155583
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	155584
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	155585
Board of Governors of the Medical Liability Underwriting Association	3929.64	155586
Board of Voting Machines Examiners	3506.05	155587
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	155588
Brain Injury Advisory Committee	3304.231	155589
Bureau of Workers' Compensation Board of Directors	4121.12	155590
Capitol Square Review and Advisory Board	105.41	155591
Child Care Advisory Council	5104.08	155592
Child Support Guideline Advisory Council	3119.024	155593
Children's Trust Fund Board	3109.15 - 3109.17	155594
Citizen's Advisory Council	5123.092, 5123.093	155595
Clean Ohio Trail Advisory Board	1519.06	155596
Coastal Resources Advisory Council	1506.12	155597
Commission on African-American Males	4112.12, 4112.13	155598
Commission on Hispanic-Latino Affairs	121.31	155599
Commission on Minority Health	3701.78	155600
Committee on Prescriptive Governance	4723.49 - 4723.492	155601
Commodity Advisory Commission	926.32	155602
Consumer Advisory Committee to the Opportunities for Ohioans with Disabilities Commission	3304.16 (3304.14), Section 803.40	155603
Continuing Education Committee	109.80(B)	155604
Council on Alcohol and Drug Addiction Services	3793.09	155605
Council on Unreclaimed Strip Mined Lands	1513.29	155606
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	155607
Credential Review Board	3319.65	155608
Credit Union Council	1733.329	155609
Criminal Sentencing Advisory Committee	181.22	155610
Data Collection and Analysis Group	3727.32	155611
Dentist Loan Repayment Advisory Board	3702.92	155612
Department Advisory Council(s)	107.18, 121.13	155613
Development Financing Advisory Council	122.40, 122.41	155614
Early Childhood Advisory Council	3301.90	155615
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	155616
Education Management Information System Advisory Board	3301.0713	155617
Educator Standards Board	3319.60	155618
Electrical Safety Inspector Advisory Committee	3783.08	155619
Emergency Response Commission	3750.02	155620
Engineering Experiment Station Advisory Committee	3335.27	155621
Environmental Education Council	3745.21	155622
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	155623
~~eTech Ohio~~ Broadcast Educational Media Commission	3353.02 - 3353.04	155624
Ex-Offender Reentry Coalition	5120.07	155625
Farmland Preservation Advisory Board	901.23	155626
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	155627
Financial Planning and Supervision Commission for a school district	3316.05	155628
Forestry Advisory Council	1503.40	155629
Governance Authority for a State University or College	3345.75	155630
Governor's Council on People with Disabilities	3303.41	155631
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	155632
Governor's Residence Advisory Commission	107.40	155633
Grain Marketing Program Operating Committee	924.20 - 924.30	155634
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	155635
Gubernatorial Transition Committee	107.29, 126.26	155636
Help Me Grow Advisory Council	3701.611	155637
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	155638
Homeland Security Advisory Council	5502.011(E)	155639
Hospital Measures Advisory Council	3727.31	155640
Housing Trust Fund Advisory Committee	174.06	155641
Industrial Commission Nominating Council	4121.04	155642
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	155643
Infant Hearing Screening Subcommittee	3701.507	155644
Infection Control Group	3727.312(D)	155645
Insurance Agent Education Advisory Council	3905.483	155646
Interstate Rail Passenger Advisory Council	4981.35	155647
Joint Select Committee on Volume Cap	133.021	155648
Labor-Management Government Advisory Council	4121.70	155649
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	155650
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	155651
Maternity and Newborn Advisory Council	3711.20, 3711.21	155652
Medically Handicapped Children's Medical Advisory Council	3701.025	155653
Midwest Interstate Passenger Rail Compact Commission	4981.361	155654
Milk Sanitation Board	917.03 - 917.032	155655
Mine Subsidence Insurance Governing Board	3929.51	155656
Minority Development Financing Advisory Board	122.72, 122.73	155657
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	155658
National Museum of Afro-American History and Culture Planning Committee	149.303	155659
New African Immigrants Commission	4112.31, 4112.32	155660
Ohio Accountability Task Force	3302.021(E)	155661
Ohio Advisory Council for the Aging	173.03	155662
Ohio Agriculture License Plate Scholarship Fund Board	901.90	155663
Ohio Arts Council	Chapter 3379.	155664
Ohio Business Gateway Steering Committee	5703.57	155665
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	155666
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	155667
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	155668
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	155669
Ohio Commission on Fatherhood	5101.34	155670
Ohio Community Service Council	121.40 - 121.404	155671
Ohio Council for Interstate Adult Offender Supervision	5149.22	155672
Ohio Cultural Facilities Commission	Chapter 3383.	155673
Ohio Cystic Fibrosis Legislative Task Force	101.38	155674
Ohio Developmental Disabilities Council	5123.35	155675
Ohio Expositions Commission	991.02	155676
Ohio Family and Children First Cabinet Council	121.37	155677
Ohio Geographically Referenced Information Program Council	125.901, 125.902	155678
Ohio Geology Advisory Council	1501.11	155679
Ohio Grape Industries Committee	924.51 - 924.55	155680
Ohio Historic Site Preservation Advisory Board	149.301	155681
Ohio Historical Society Board of Trustees	149.30	155682
Ohio Judicial Conference	105.91 - 105.97	155683
Ohio Lake Erie Commission	1506.21	155684
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	155685
Ohio Medical Quality Foundation	3701.89	155686
Ohio Parks and Recreation Council	1541.40	155687
Ohio Peace Officer Training Commission	109.71, 109.72	155688
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	155689
Ohio Public Defender Commission	120.01 - 120.03	155690
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	155691
Ohio Quarter Horse Development Commission	3769.086	155692
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	155693
Ohio Soil and Water Conservation Commission	1515.02	155694
Ohio Standardbred Development Commission	3769.085	155695
Ohio Subrogation Rights Commission	2323.44	155696
Ohio Thoroughbred Racing Advisory Committee	3769.084	155697
Ohio Transportation Finance Commission	5531.12(B) to (D)	155698
Ohio Tuition Trust Authority	3334.03, 3334.08	155699
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	155700
Ohio Vendors Representative Committee	3304.34, 20 USC 107	155701
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	155702
Ohio Water Advisory Council	1521.031	155703
Ohio Water Resources Council Advisory Group	1521.19	155704
Ohio Water Resources Council	1521.19	155705
Oil and Gas Commission	1509.35	155706
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	155707
Organized Crime Investigations Commission	177.01	155708
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	155709
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	155710
Physician Loan Repayment Advisory Board	3702.81	155711
Power Siting Board	4906.02	155712
Prequalification Review Board	5525.07	155713
Private Water Systems Advisory Council	3701.346	155714
Public Utilities Commission Nominating Council	4901.021	155715
Public Utility Property Tax Study Committee	5727.85(K)	155716
Radiation Advisory Council	3748.20	155717
Reclamation Commission	1513.05	155718
Reclamation Forfeiture Fund Advisory Board	1513.182	155719
Recreation and Resources Commission	1501.04	155720
Recycling and Litter Prevention Advisory Council	1502.04	155721
School and Ministerial Lands Divestiture Committee	501.041	155722
Savings and Loan Associations and Savings Banks Board	1181.16	155723
Second Chance Trust Fund Advisory Committee	2108.35	155724
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	155725
Ski Tramway Board	4169.02	155726
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	155727
Solid Waste Management Advisory Council	3734.51	155728
Special Commission to Consider the Suspension of Local Government Officials	3.16	155729
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	155730
State Agency Coordinating Group	1521.19	155731
State Audit Committee	126.46	155732
State Council of Uniform State Laws	105.21 - 105.27	155733
State Criminal Sentencing Commission	181.22 - 181.26	155734
State Fire Council	3737.81	155735
State Library Board	3375.01	155736
State Victims Assistance Advisory Council	109.91(B) and (C)	155737
Statewide Consortium of County Law Library Resource Boards	3375.481	155738
STEM Committee	3326.02	155739
Student Tuition Recovery Authority	3332.081	155740
Sunset Review Committee	101.84 - 101.87	155741
Tax Credit Authority	122.17(M)	155742
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	155743
Technical Advisory Council on Oil and Gas	1509.38	155744
Transportation Review Advisory Council	5512.07 - 5512.09	155745
Unemployment Compensation Advisory Council	4141.08	155746
Unemployment Compensation Review Commission	4141.06	155747
Veterans Advisory Committee	5902.02(K)	155748
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	155749
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	155750
Water and Sewer Commission	1525.11(C)	155751
Waterways Safety Council	1547.73	155752
Wildlife Council	1531.03 - 1531.05	155753
Workers' Compensation Board of Directors Nominating Committee	4121.123	155754

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	155755
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	155756
129th General Assembly, is hereby repealed.	155757

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	155758
128th General Assembly be amended to read as follows:	155759

Sec. 105.05. Section 121.53 of the Revised Code is hereby	155760
repealed, effective ~~September~~June 30, ~~2013~~2014.	155761

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	155762
2 of the 128th General Assembly is hereby repealed.	155763

Section 630.10. All items set forth in this section are	155764
hereby appropriated out of any moneys in the state treasury to the	155765
credit of the Administrative Building Fund (Fund 7026) that are	155766
not otherwise appropriated for the biennium ending June 30, 2014:	155767

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	155768

C19506	Children's Home				$	100,000		155769
Total Development Services Agency					$	100,000		155770

CHILDREN'S HOME

155771

The foregoing appropriation item C19506, Children's Home,	155772
shall be used for the Children's Home of Cincinnati.	155773

Section 630.10.10. All items set forth in this section are	155774
hereby appropriated out of any moneys in the state treasury to the	155775
credit of the Parks and Recreation Improvement Fund (Fund 7035)	155776
that are not otherwise appropriated for the biennium ending June	155777
30, 2014:	155778

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	155779

C725S6			Cleveland Zoological Society	$	150,000		155780
TOTAL Department of Natural Resources				$	150,000		155781

CLEVELAND ZOOLOGICAL SOCIETY

155782

Of the foregoing appropriation item C725S6, Cleveland	155783
Zoological Society, shall be used for the Cleveland Zoological	155784
Society.	155785

Section 630.11. That Sections 203.30.40, 203.30.70,	155786
203.30.80, 203.90.10, 203.90.20, 205.10.20, 205.30.90, 205.50.70,	155787
and 207.10.10 of Sub. S.B. 312 of the 129th General Assembly be	155788
amended to read as follows:	155789

Reappropriations

Sec. 203.30.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

155790

C87405	Capitol Rotunda Renovations	$	37,363	155791
C87406	Statehouse Grounds Repair/Improvements	$	34,663	155792
C87407	Sound System Upgrades	$	30,654	155793
C87409	Cupola Gutters and Ancillary Roof	$	5,577	155794
C87411	ADA Specific Sidewalk Ramp Replacement	$	7,564	155795
C87412	Capitol Square Security	$	121,316	155796
C87413	CSRAB Visitors' Center	$	48,576	155797
Total Capitol Square Review and Advisory Board		$	285,713	155798

On July 1, 2013, or as soon as possible thereafter, the	155799
Director of Budget and Management shall transfer any unexpended	155800
appropriations in appropriation item C87405, Capitol Rotunda	155801
Renovations, and appropriation item C87413, CSRAB Visitors'	155802
Center, to appropriation item C87412, Capitol Square Security. The	155803
appropriations transferred under this section are hereby	155804
appropriated.	155805

Reappropriations

Sec. 203.30.70. OSB SCHOOL FOR THE BLIND

155806

C22607	Renovation of Science Laboratory Greenhouse	$	26,473	155807
C22614	New School Lighting	$	32,775	155808
C22616	Renovation and Repairs	$	779,478	155809
C22617	Elevator Replacement	$	104,500	155810
C22619	Public Address System Replacement	$	73,150	155811
C22622	Track Shelter	$	42,750	155812
C22624	Natatorium Renovations	$	2,483	155813
C22700	Infrastructure Improvements	$	~~1,640,652~~ 1,657,435	155814
Total Ohio School for the Blind		$	~~2,702,261~~ 2,719,044	155815

PUBLIC ADDRESS SYSTEM REPLACEMENT

155816

The amount reappropriated for the foregoing appropriation	155817
item C22619, Public Address System Replacement, is the	155818
unencumbered and unallotted balance as of June 30, 2012, in	155819
appropriation item C22619, Public Address System Replacement,	155820
minus $77,000.	155821

TRACK SHELTER

155822

The amount reappropriated for the foregoing appropriation	155823
item C22622, Track Shelter, is the unencumbered and unallotted	155824
balance as of June 30, 2012, in appropriation item C22622, Track	155825
Shelter, plus $77,000.	155826

INFRASTRUCTURE IMPROVEMENTS

155827

The amount reappropriated for the foregoing appropriation	155828
item C22700, Infrastructure Improvements, is the unencumbered and	155829
unallotted balance as of June 30, 2013, in appropriation item	155830
C22700, Infrastructure Improvements, plus $16,783.	155831

Reappropriations

Sec. 203.30.80. OSD SCHOOL FOR THE DEAF

155832

C22104	Boilers, Blowers, and Controls for the School Complex	$	44,992	155833
C22107	Renovation and Repairs	$	950,000	155834
C22108	High School Window Replacement	$	20,041	155835
C22109	High School HVAC	$	19,182	155836
C22111	Staff Building Windows and Repair	$	15,983	155837
C22112	Alumni Park Preservation	$	59,375	155838
C22800	Infrastructure Improvements	$	~~905,833~~ 922,616	155839
Total Ohio School for the Deaf		$	~~2,015,406~~ 2,032,189	155840
TOTAL Administrative Building Fund		$	~~29,689,586~~ 29,723,152	155841

Reappropriations

Sec. 203.90.10. DMH DEPARTMENT OF MENTAL HEALTH

155843

C58000	Hazardous Materials Abatement	$	118,750	155844
C58001	Community Assistance Projects	$	~~332,500~~ 232,500	155845
C58002	Campus Consolidation - Automation	$	95,000	155846
C58004	Demolition	$	142,500	155847
C58005	Life Safety/Critical Plant Renovations	$	23,750	155848
C58006	Patient Care/Environment Improvement	$	285,000	155849
C58007	Infrastructure Renovations	$	475,000	155850
C58008	Emergency Improvements	$	285,000	155851
C58009	Patient Environment Improvement Consolidation	$	1,000	155852
C58010	Campus Consolidation	$	23,750,000	155853
C58020	Mandel Jewish Community Center	$	199,500	155854
Total Department of Mental Health		$	~~25,708,000~~ 25,608,000	155855

COMMUNITY ASSISTANCE PROJECTS

155856

Of the foregoing appropriation item C58001, Community	155857
Assistance Projects, ~~$100,000 shall be used for the Children's~~	155858
~~Home of Cincinnati,~~ $100,000 shall be used for the Shaw JCC, and	155859
$300,000 shall be used for the Berea Children's Home.	155860

The amount reappropriated for the foregoing appropriation	155861
item C58001, Community Assistance Projects, is the unencumbered	155862
unallotted balance, as of June 30, 2012, in appropriation item	155863
C58001, Community Assistance Projects, plus $1,096,159.42. Prior	155864
to the expenditure of this reappropriation, the Director of Mental	155865
Health shall certify to the Director of Budget and Management	155866
canceled encumbrances in the amount of at least $1,096,159.42.	155867

INFRASTRUCTURE RENOVATIONS

155868

The amount reappropriated for the foregoing appropriation	155869
item C58007, Infrastructure Renovations, is the unencumbered and	155870
unallotted balance as of June 30, 2012, in appropriation item	155871
C58007, Infrastructure Renovations, plus $2,995,450.24. Prior to	155872
the expenditure of this reappropriation, the Director of Mental	155873
Health shall certify to the Director of Budget and Management	155874
canceled encumbrances in the amount of at least $2,995,450.24.	155875

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

155876

C59004	Community Assistance Projects	$	13,913,599	155877
C59029	Emergency Generator Replacement	$	460,362	155878
C59034	Statewide Developmental Centers	$	1,407,067	155879
C59050	Emergency Improvements	$	484,984	155880
C59051	Energy Conservation	$	430,500	155881
C59055	Camp McKinley Improvements	$	30,000	155882
C59056	The Hope Learning Center	$	250,000	155883
TOTAL Department of Developmental Disabilities		$	16,976,512	155884
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	155885

COMMUNITY ASSISTANCE PROJECTS

155886

The foregoing appropriation item C59004, Community Assistance	155887
Projects, may be used to provide community assistance funds for	155888
the construction or renovation of facilities for day programs or	155889
residential programs that provide services to persons eligible for	155890
services from the Department of Developmental Disabilities or	155891
county boards of developmental disabilities.	155892

The amount reappropriated for the foregoing appropriation	155893
item C59004, Community Assistance Projects, is the unencumbered,	155894
unallotted balance as of June 30, 2012, in appropriation item	155895
C59004, Community Assistance Projects, plus $8,326,255. Prior to	155896
the expenditure of this reappropriation, the Director of	155897
Developmental Disabilities shall certify to the Director of Budget	155898
and Management canceled encumbrances in the Mental Health	155899
Facilities Improvement Fund (Fund 7033) in the amount of at least	155900
$8,326,255.	155901

STATEWIDE DEVELOPMENTAL CENTERS

155902

The amount reappropriated for the foregoing appropriation	155903
item C59034, Statewide Developmental Centers, is the unencumbered,	155904
unallotted balance as of June 30, 2012, in appropriation item	155905
C59034, Statewide Developmental Centers, plus $167,912. Prior to	155906
the expenditure of this reappropriation, the Director of	155907
Developmental Disabilities shall certify to the Director of Budget	155908
and Management canceled encumbrances in the Mental Health	155909
Facilities Improvement Fund (Fund 7033) in the amount of at least	155910
$167,912.	155911

Reappropriations

Sec. 205.10.20. BOR BOARD OF REGENTS

155912

C23506	Third Frontier Project	$	15,689,958	155913
C23519	315 Research and Technology Corridor	$	2,090,000	155914
C23525	CWRU Mt. Sinai Skills and Simulation Center	$	500,000	155915
C23528	Clintonville Fiber Project	$	100,000	155916
C23529	Non-credit Job Training Facilities	$	2,011,227	155917
C23535	CWRU ~~Energy Center~~ Cleveland Center for Membrane and Structural Biology	$	333,333	155918
Total Board of Regents		$	20,724,518	155919

SUPPLEMENTAL RENOVATIONS LIBRARY DEPOSITORIES

155920

The amount reappropriated for appropriation item C23524,	155921
Supplemental Renovations Library Depositories, is the unencumbered	155922
and unallotted balance in appropriation item C23524, Supplemental	155923
Renovations Library Depositories, minus $95,695.	155924

NON-CREDIT JOB TRAINING FACILITIES

155925

The amount reappropriated for the foregoing appropriation	155926
item C23529, Non-credit Job Training Facilities, is the	155927
unencumbered and unallotted balance in appropriation item C23529,	155928
Non-credit Job Training Facilities, as of June 30, 2012, plus	155929
$866,811.	155930

Reappropriations

Sec. 205.30.90. CCC CUYAHOGA COMMUNITY COLLEGE

155931

C37800	Basic Renovations	$	617,662	155932
C37803	Technology Learning Center - Western	$	40,941	155933
C37812	Building A Expansion Module - Western	$	118,115	155934
C37816	College-Wide Wayfinding Signage System	$	118,825	155935
C37817	College-Wide Asset Protection & Building	$	599,645	155936
C37818	Healthcare Technology Building - Eastern	$	1,343,897	155937
C37821	Hospitality Management Program	$	37,203	155938
C37822	Theater Renovations	$	948,231	155939
C37824	Rock and Roll Hall of Fame Archive	$	3,000	155940
C37826	CW Roof Replacement	$	181,197	155941
C37831	Visiting Nurse Association	$	142,500	155942
~~C37833~~	~~Cleveland Zoological Society~~	$	~~142,500~~	155943
C37834	Museum of Contemporary Art Cleveland	$	427,500	155944
C37835	Western Reserve Historical Society	$	2,660,000	155945
Total Cuyahoga Community College		$	~~7,381,216~~ 7,238,716	155946

BASIC RENOVATIONS

155947

The amount reappropriated for the foregoing appropriation	155948
item C37800, Basic Renovations, is the unencumbered and unallotted	155949
balance as of June 30, 2012, in appropriation item C37800, Basic	155950
Renovations, plus $1,033,551.	155951

NON-CREDIT JOB TRAINING

155952

The amount reappropriated for appropriation item C37805,	155953
Non-credit Job Training, is the unencumbered and unallotted	155954
balance in appropriation item C37805, Non-credit Job Training, as	155955
of June 30, 2012, minus $38,676.	155956

BUILDING A EXPANSION MODULE - WESTERN

155957

The amount reappropriated for the foregoing appropriation	155958
item C37812, Building A Expansion Module - Western, is the	155959
unencumbered and unallotted balance as of June 30, 2012, in	155960
appropriation item C37812, Building A Expansion Module - Western,	155961
minus $82,761.	155962

THEATER RENOVATIONS

155963

The amount reappropriated for the foregoing appropriation	155964
item C37822, Theater Renovations, is the unencumbered and	155965
unallotted balance as of June 30, 2012, in appropriation item	155966
C37822, Theater Renovations, minus $950,790.	155967

CCC AUTO LAB IMPROVEMENTS

155968

The amount reappropriated for appropriation item C37830, CCC	155969
Auto Lab Improvements, is the unencumbered and unallotted balance	155970
in appropriation item C37830, CCC Auto Lab Improvements, as of	155971
June 30, 2012, minus $239.	155972

Reappropriations

Sec. 205.50.70. STC STARK TECHNICAL COLLEGE

155973

C38900	Basic Renovations	$	4,775	155974
C38917	Wind Energy Research and Development Center	$	1,166,996	155975
Total Stark Technical College		$	1,171,771	155976
TOTAL Higher Education Improvement Fund		$	~~226,722,333~~ 226,579,833	155977

Sec. 207.10.10. LOCAL PARKS PROJECTS

155979

Of the foregoing appropriation item C725E2, Local Parks	155980
Projects, $50,000 plus an amount equal to two per cent of the	155981
projects listed may be used by the Ohio Department of Natural	155982
Resources for the administration of local projects; $1,586,570	155983
shall be used for Grand Lake St. Mary's Improvements; $400,000	155984
shall be used for the Austin Pike Project - Land Acquisition;	155985
$191,000 shall be used for Deerfield Township Simpson Creek	155986
Erosion Mitigation and Bank Control; $121,700 shall be used for	155987
the Salt Fork State Park Concession Stand; $100,000 shall be used	155988
for the Crown Point Conservation Easement; $100,000 shall be used	155989
for the Euclid Beach Pier; $100,000 shall be used for the Liberty	155990
Park Expansion – Twinsburg; $100,000 shall be used for the Lucas	155991
County Marina; $100,000 shall be used for the Midtown Cleveland	155992
Mountain Bike Park; $100,000 shall be used for the Mudbrook Trail	155993
and Greenway Project; $69,000 shall be used for Miami and Erie	155994
Canal Repairs in Spencerville; $60,000 shall be used for the	155995
Marseilles Reservoir Bulkhead Project; $50,000 shall be used for	155996
Dillon State Park Upgrades; $25,000 shall be used for the	155997
Marblehead Lighthouse State Park Life Boat Station; $24,165 shall	155998
be used for Tar Hollow State Park Improvements; $20,200 shall be	155999
used for Van Buren State Park Campground Electric and Restroom	156000
Facility Improvements; and $10,000 shall be used for Village of	156001
Albany Bike Paths.	156002

FINDLEY STATE PARK

156003

The amount reappropriated for the foregoing appropriation	156004
item C72511, Findley State Park, is the unencumbered and	156005
unallotted balance as of June 30, 2012, in appropriation item	156006
C72511, Findley State Park, minus $22,856.	156007

LAKE HOPE STATE PARK

156008

The amount reappropriated for the foregoing appropriation	156009
item C72522, Lake Hope State Park, is the unencumbered and	156010
unallotted balance as of June 30, 2012, in appropriation item	156011
C72522, Lake Hope State Park, minus $7,276.	156012

HOCKING HILLS STATE PARK

156013

The amount reappropriated for the foregoing appropriation	156014
item C72559, Hocking Hills State Park, is the unencumbered and	156015
unallotted balance as of June 30, 2012, in appropriation item	156016
C72559, Hocking Hills State Park, minus $3,025.	156017

PORTAGE LAKES STATE PARK

156018

The amount reappropriated for the foregoing appropriation	156019
item C72576, Portage Lakes State Park, is the unencumbered and	156020
unallotted balance as of June 30, 2012, in appropriation item	156021
C72576, Portage Lakes State Park, minus $2,040.	156022

DEER CREEK STATE PARK

156023

The amount reappropriated for the foregoing appropriation	156024
item C72594, Deer Creek State Park, is the unencumbered and	156025
unallotted balance as of June 30, 2012, in appropriation item	156026
C72594, Deer Creek State Park, minus $19,392.	156027

RIVERFRONT IMPROVEMENTS

156028

The amount reappropriated for the foregoing appropriation	156029
item C725D0, Riverfront Improvements, is the unencumbered and	156030
unallotted balance as of June 30, 2012, in appropriation item	156031
C725D0, Riverfront Improvements, minus $5,000.	156032

MOHICAN STATE PARK

156033

The amount reappropriated for the foregoing appropriation	156034
item C725M9, Mohican State Park, is the unencumbered and	156035
unallotted balance as of June 30, 2012, in appropriation item	156036
C725M9, Mohican State Park, minus $72,469.	156037

WASTEWATER AND WATER SYSTEMS UPGRADE

156038

The amount reappropriated for the foregoing appropriation	156039
item C725N6, Wastewater and Water Systems Upgrade, is the	156040
unencumbered and unallotted balance as of June 30, 2012, in	156041
appropriation item C725N6, Wastewater and Water Systems Upgrade,	156042
plus $162,050.	156043

SOUTH BASS ISLAND STATE PARK

156044

The amount reappropriated for the foregoing appropriation	156045
item C725R0, South Bass Island State Park, is the unencumbered and	156046
unallotted balance as of June 30, 2012, in appropriation item	156047
C725R0, South Bass Island State Park, minus $29,992.	156048

KAMP DOVETAIL PROJECT

156049

The amount reappropriated for the foregoing appropriation	156050
item C725S5, Kamp Dovetail Project, used by the Department of	156051
Natural Resources, is the unencumbered and unallotted balance	156052
remaining as of June 30, 2013, in appropriation item C59020, Kamp	156053
Dovetail Project, used by the Department of Developmental	156054
Disabilities.	156055

FEDERAL REIMBURSEMENT

156056

All reimbursements received from the federal government for	156057
any expenditures made pursuant to sections of this act numbered	156058
with the prefix "207.10" shall be deposited in the state treasury	156059
to the credit of the Parks and Recreation Improvement Fund.	156060

Section 630.12. That existing Sections 203.30.40, 203.30.70,	156061
203.30.80, 203.90.10, 203.90.20, 205.10.20, 205.30.90, 205.50.70,	156062
and 207.10.10 of Sub. S.B. 312 of the 129th General Assembly are	156063
hereby repealed.	156064

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

156065

As used in this section, "appointing authority" has the same	156066
meaning as in section 124.01 of the Revised Code, and "exempt	156067
employee" has the same meaning as in section 124.01 of the Revised	156068
Code.	156069

Notwithstanding section 124.181 of the Revised Code, in cases	156070
where no vacancy exists, an appointing authority may, with the	156071
written consent of an exempt employee, assign duties of a higher	156072
classification to that exempt employee for a period of time not to	156073
exceed two years, and that exempt employee shall receive	156074
compensation at a rate commensurate with the duties of the higher	156075
classification.	156076

Section 701.30. As used in this section, "public record" has	156077
the meaning defined in section 149.43 of the Revised Code, and	156078
"public office" has the meaning defined in section 149.011 of the	156079
Revised Code.	156080

Not later than December 31, 2013, the Director of	156081
Administrative Services shall deliver a report to the Governor,	156082
the Speaker and Minority Leader of the House of Representatives,	156083
and the President and Minority Leader of the Senate that proposes	156084
uniform standards that should apply to a public office that	156085
chooses to post public records on an internet web site maintained	156086
by the public office. In developing the standards, the Director	156087
shall consider, at a minimum, the following factors: any	156088
recommended technology and/or software to use; the projected costs	156089
of implementing and maintaining such technology and software; and	156090
how a public office is to post a public record on its web site, or	156091
on a public web site maintained by the state, so that the public	156092
record, or the data contained in the public record, is capable of	156093
being searched and downloaded by the public in a uniform manner.	156094

Section 701.40. (A) The Department of Rehabilitation and	156095
Correction shall convene a committee to study assaults and other	156096
violence within state correctional institutions. The committee	156097
shall meet, discuss, and share all relevant information.	156098

(B) The committee shall publish a report by December 31,	156099
2013. The report shall include, but is not limited to, the	156100
following:	156101

(1) Staffing rates per state correctional institution,	156102
including vacancy rates;	156103

(2) Recommendations of acceptable staffing levels per state	156104
correctional institution, including vacancy rates;	156105

(3) Current relief factor ratios per state correctional	156106
institution, including the methodology used to calculate the	156107
relief factor;	156108

(4) Recommendations of acceptable relief factor ratios per	156109
state correctional institution;	156110

(5) Correctional officer to inmate ratio per state	156111
correctional institution, excluding vacancy rates;	156112

(6) Numbers and details of incidents of violence per state	156113
correctional institution;	156114

(7) A definition of what the Department includes in the	156115
assault and other violence statistics;	156116

(8) The number of days off from employment due to violence in	156117
the state correctional institution;	156118

(9) Recommendations to reduce violence in state correctional	156119
institutions.	156120

(C) The committee shall submit a copy of the committee's	156121
report to the Governor, Speaker and Minority Leader of the House	156122
of Representatives, and President and Minority Leader of the	156123
Senate not later than December 31, 2013.	156124

Section 701.50. (A) The Department of Youth Services shall	156125
convene a committee to study assaults and other violence within	156126
state juvenile correctional facilities. The committee shall meet,	156127
discuss, and share all relevant information.	156128

(B) The committee shall publish a report by December 31,	156129
2013. The report shall include, but is not limited to, the	156130
following:	156131

(1) Staffing rates per state juvenile correctional facility,	156132
including vacancy rates;	156133

(2) Recommendations of acceptable staffing levels per state	156134
juvenile correctional facility, including vacancy rates;	156135

(3) Current relief factor ratios per state juvenile	156136
correctional facility, including the methodology used to calculate	156137
the relief factor;	156138

(4) Recommendations of acceptable relief factor ratios per	156139
state juvenile correctional facility;	156140

(5) Youth specialist to inmate ratio per state juvenile	156141
correctional facility, excluding vacancy rates;	156142

(6) Numbers and details of incidents of violence per state	156143
juvenile correctional facility;	156144

(7) A definition of what the Department includes in the	156145
assault and other violence statistics;	156146

(8) The number of days off from employment due to violence in	156147
the state juvenile correctional facility;	156148

(9) Recommendations to reduce violence in state juvenile	156149
correctional facilities.	156150

(C) The committee shall submit a copy of the committee's	156151
report to the Governor, Speaker and Minority Leader of the House	156152
of Representatives, and President and Minority Leader of the	156153
Senate not later than December 31, 2013.	156154

Section 715.10. Two years after the amendments to section	156155
1501.011 of the Revised Code by this act take effect, the Ohio	156156
Facilities Construction Commission and the Department of Natural	156157
Resources shall review division (C) of that section.	156158

Section 733.10. Notwithstanding section 3317.01 of the	156159
Revised Code, as amended by this act, to determine whether a	156160
school district satisfied the minimum school year in the 2013-2014	156161
school year in order to qualify for state funding under Chapter	156162
3317. of the Revised Code for fiscal year 2015, the Department of	156163
Education shall apply the criteria prescribed in the version of	156164
division (B) of section 3317.01 of the Revised Code in effect	156165
prior to July 1, 2014.	156166

Section 733.20. The General Assembly hereby declares its	156167
intent, in enacting section 3319.031 of the Revised Code, to	156168
supersede any effect of the decision of the Court of Appeals of	156169
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	156170
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	156171
decision conflicts with the principle that boards of education may	156172
appoint a licensed business manager, but also may determine	156173
instead to assign the roles and functions of a business manager to	156174
one or more employees or officers of the board, including the	156175
treasurer, in the board's sole discretion.	156176

Section 733.40. (A) The Superintendent of Public Instruction	156177
shall appoint three incorporators who are knowledgeable about the	156178
administration of public schools and about the operation of	156179
nonprofit corporations in Ohio.	156180

(B) The incorporators shall do whatever is necessary and	156181
proper to set up a nonprofit corporation under Chapter 1702. of	156182
the Revised Code. The articles of incorporation, in addition to	156183
meeting the requirements of section 1702.04 of the Revised Code,	156184
shall set forth the following provisions:	156185

(1) That the nonprofit corporation is to create and implement	156186
a pilot program that provides an alternative path for individuals	156187
to receive training and development in the administration of	156188
primary and secondary education and leadership, that will enable	156189
these individuals to earn a degree in public school	156190
administration, that will enable these individuals to obtain	156191
licenses in public school administration, and that promotes the	156192
placement of these individuals in public schools that have a	156193
poverty percentage greater than fifty per cent.	156194

(2) That the Board of Directors are to establish criteria for	156195
program costs, participant selection, and continued participation,	156196
and metrics to document and measure pilot program activities.	156197

(3) That the name of the nonprofit corporation is "New	156198
Leaders for Ohio Schools."	156199

(4) That the Board of Directors is to consist of the	156200
following nine directors:	156201

(a) The Governor or the Governor's designee;

156202

(b) The Superintendent of Public Instruction, or the	156203
Superintendent's designee;	156204

(c) The Chancellor of the Ohio Board of Regents, or the	156205
Chancellor's designee;	156206

(d) Two individuals to represent major business enterprises	156207
in Ohio;	156208

(e) Two individuals appointed by the Speaker of the House of	156209
Representatives, one of whom shall be an active duty or retired	156210
military officer;	156211

(f) Two individuals appointed by the President of the Senate,	156212
one of whom shall be a current or retired teacher or principal.	156213

The Dean of The Ohio State University Fisher College of	156214
Business and the Dean of The Ohio State University College of	156215
Education and Human Ecology are to serve as ex-officio nonvoting	156216
members of the Board.	156217

The individuals on the Board who represent major business	156218
enterprises in Ohio are to be appointed by a statewide	156219
organization selected by the Governor. The organization is to be	156220
nonpartisan and consist of chief executive officers of major	156221
corporations organized in Ohio.	156222

(5) That the Board is to elect a chairperson from among its	156223
members, and is to appoint a President of the corporation.	156224

(6) That the President of the Corporation, subject to the	156225
approval of the Board, is to enter into a contract with The Ohio	156226
State University Fisher College of Business. Under the contract,	156227
the College is to provide oversight to the corporation, is to	156228
serve as fiscal agent for the corporation, and is to provide the	156229
corporation with office space, and with office furniture and	156230
equipment, as is necessary for the corporation successfully to	156231
fulfill its duties.	156232

(7) That the overhead expenses of the corporation are not to	156233
exceed fifteen per cent of the annual budget of the corporation.	156234

(8) That the President is to apply for, and is to receive and	156235
accept, grants, gifts, bequests, and contributions from private	156236
sources.	156237

(9) That the corporation is to submit an annual report to the	156238
General Assembly and Governor beginning December 31, 2013.	156239

(10) That state financial support for the corporation shall	156240
cease on the date that is five years after the effective date of	156241
this section.	156242

Section 737.10. There is established the Legislative	156243
Committee on Public Health Futures. The Legislative Committee	156244
shall review the legislative and fiscal policy changes in this act	156245
regarding local public health services. On the basis of its	156246
review, the Legislative Committee shall recommend legislative and	156247
fiscal policies that would improve local public health services in	156248
this state. The Legislative Committee, not later than January 31,	156249
2015, shall prepare a report that describes its review, and that	156250
states, and provides explanations of, its policy recommendations.	156251
The Legislative Committee shall transmit a copy of its report to	156252
the Governor, the President and Minority Leader of the Senate, and	156253
the Speaker and Minority Leader of the House of Representatives	156254
for consideration as part of the operating budget for fiscal years	156255
2016 and 2017. Upon transmitting its report, the Legislative	156256
Committee ceases to exist.	156257

Each of the following associations shall appoint one	156258
individual to the Legislative Committee: the County Commissioners	156259
Association of Ohio, the Ohio Township Association, the Department	156260
of Health, the Ohio Public Health Association, the Ohio	156261
Environmental Health Association, the Ohio Boards of Health	156262
Association, the Ohio Municipal League, and the Ohio Hospital	156263
Association. The Association of Ohio Health Commissioners shall	156264
appoint two individuals to the Legislative Committee. The	156265
President and Minority Leader of the Senate each shall appoint two	156266
members to the Legislative Committee. The Speaker and Minority	156267
Leader of the House of Representatives each shall appoint two	156268
members to the Legislative Committee. Of the two appointments made	156269
by each legislative leader, one shall be a member of the General	156270
Assembly from the appointing member's chamber. Appointments shall	156271
be made as soon as possible but not later than thirty days after	156272
the effective date of this section. Vacancies on the Legislative	156273
Committee shall be filled in the same manner as the original	156274
appointment.	156275

As soon as all members have been appointed to the Legislative	156276
Committee, the President of the Senate shall fix a time and place	156277
for the committee to hold its first meeting, which shall be held	156278
not later than August 1, 2014. At that meeting, the committee	156279
shall elect from among its membership a chairperson, a	156280
vice-chairperson, and a secretary. The Director of Health shall	156281
provide the Legislative Committee with meeting and office space,	156282
equipment, and professional, technical, and clerical staff as are	156283
necessary to enable the Legislative Committee successfully to	156284
complete its work.	156285

Section 739.10. TECHNICAL ASSISTANCE TO BOARDS OF HEALTH	156286
SEEKING COVERAGE BY HEALTH INSURERS AND MEDICAID	156287

(A) As used in this section, "board of health" means a board	156288
of health of a city or general health district or, as described in	156289
section 3709.05 of the Revised Code, the authority having the	156290
duties of a board of health.	156291

(B) During fiscal year 2014 and fiscal year 2015, the	156292
Superintendent of Insurance, in collaboration with the Medicaid	156293
Director, shall provide technical assistance to boards of health	156294
seeking to obtain reimbursement through health care insurers and	156295
payments from the Medicaid program for providing public health	156296
services such as immunizations, clinical services, and management	156297
of patient health care through integrated care systems and other	156298
models of care. The technical assistance shall address the	156299
credentialing process and contracting procedures used by health	156300
care insurers to determine which health care providers are	156301
eligible for reimbursement by the insurers, as well as the	156302
procedures used by the Department of Medicaid in entering into	156303
Medicaid provider agreements.	156304

This section does not require a board of health to provide	156305
any particular service or to seek reimbursement from health care	156306
insurers or payments from the Medicaid program.	156307

Section 747.10. (A) The Ohio Cemetery Law Task Force shall	156308
develop recommendations on modifications of the laws of this state	156309
relating to cemeteries.	156310

(B) The Ohio Cemetery Law Task Force is established. The Task	156311
Force shall consist of the following eleven members: a	156312
representative of local government, other than townships,	156313
appointed by the President of the Senate; a representative of the	156314
Ohio Township Association appointed by the President of the	156315
Senate; a representative of Native Americans appointed by the	156316
President of the Senate; a representative of private cemeteries	156317
appointed by the Speaker of the House of Representatives; a	156318
representative of the Ohio Historical Society appointed by the	156319
Speaker of the House of Representatives; a representative of	156320
archeologists appointed by the Speaker of the House of	156321
Representatives; a representative of the Ohio Genealogical Society	156322
appointed by the Governor; a representative of the Ohio Cemetery	156323
Dispute Resolution Commission appointed by the Governor; a	156324
representative of the Division of Real Estate and Professional	156325
Licensing in the Department of Commerce appointed by the Governor;	156326
a representative of the Department of Transportation appointed by	156327
the Governor; and a representative of the Department of Natural	156328
Resources appointed by the Governor.	156329

The initial appointments shall be made not later than thirty	156330
days after the effective date of this section. Vacancies shall be	156331
filled in the manner provided for original appointments.	156332

The Task Force shall elect two of its members to serve as	156333
co-chairpersons of the Task Force.	156334

The Task Force shall meet as often as necessary to carry out	156335
its duties and responsibilities. Members of the Task Force shall	156336
serve without compensation.	156337

(C) The Task Force shall issue a report of its	156338
recommendations to the President of the Senate, the Speaker of the	156339
House of Representatives, and the Governor not later than one year	156340
after the effective date of this section. The Task Force ceases to	156341
exist upon submitting its report.	156342

Section 747.20. The county recorder shall continue to keep	156343
six separate sets of records of all agreements for the	156344
registration of lands as archaeological or historic landmarks	156345
recorded before the effective date of this section.	156346

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

156347

The Department of Mental Health and Addiction Services, in	156348
consultation with the Department of Medicaid, shall administer the	156349
Recovery Requires a Community Program to identify individuals	156350
residing in nursing facilities who can be successfully moved into	156351
a community setting with the aid of community non-Medicaid	156352
services.	156353

The Director of Mental Health and Addiction Services and the	156354
Medicaid Director shall agree upon an amount representing the	156355
savings realized from decreased nursing facility utilization to be	156356
transferred within the biennium from the Department of Medicaid to	156357
the Department of Mental Health and Addiction Services to support	156358
non-Medicaid program costs for individuals moving into community	156359
settings.	156360

Of the foregoing appropriation item 651525, Medicaid/Health	156361
Care Services, the Medicaid Director shall transfer the amount	156362
agreed upon representing the savings from the General Revenue Fund	156363
to the Sale of Goods and Services Fund (Fund 1490). The transfer	156364
shall be made using an intrastate transfer voucher. The	156365
transferred cash is hereby appropriated to appropriation item	156366
335609, Community Operating/Planning.	156367

Section 753.20. (A) The Director of Administrative Services,	156368
on behalf of the Department of Rehabilitation and Correction, is	156369
authorized to sell by bid, auction, real estate sale agreement, or	156370
through any other available legal means, all of the state's right,	156371
title, and interest in any or all of the real property described	156372
below, that the Director of Administrative Services and the	156373
Director of Rehabilitation and Correction determine should be sold	156374
in the best interest of, and as surplus to, the needs of the	156375
state.	156376

(B) The Governor is authorized to execute one or more deeds	156377
in the name of the state, conveying to one or more purchasers,	156378
their heirs and assigns or successors and assigns, all of the	156379
state's right, title, and interest in one or more of the real	156380
properties and improvements described below:	156381

101 Oval Drive Lima 45801

156382

102 Oval Drive Lima 45801

156383

1757 South Avon Belden Road Grafton 44044

156384

2069 South Avon Belden Road Grafton 44044

156385

900 East Capel Road Grafton 44044

156386

1088 North Main Street Mansfield 44903

156387

1659 Scioto Village Drive Marion 43302

156388

1674 Scioto Village Drive Marion 43302

156389

1686 Scioto Village Drive Marion 43302

156390

1693 Scioto Village Drive Marion 43302

156391

1705 Scioto Village Drive Marion 43302

156392

1710 Scioto Village Drive Marion 43302

156393

1717 Scioto Village Drive Marion 43302

156394

745 Likens Road Marion 43302

156395

813 Likens Road Marion 43302

156396

PCI Unit 4 - 11781 State Route 762 Orient 43146

156397

103 Reservation Circle Chillicothe 45601

156398

123 Reservation Circle Chillicothe 45601

156399

124 Reservation Circle Chillicothe 45601

156400

14166 Pleasant Valley Road Chillicothe 45601

156401

1187 Cook Road Lucasville 45648

156402

(C) The Director of Administrative Services shall convey the	156403
real estate, its improvements and chattels, "as-is," in its	156404
present condition.	156405

(D) Consideration for conveyance of the real estate shall be	156406
determined by bid, auction, or negotiated purchase agreement, at	156407
the discretion of the Director of Administrative Services and the	156408
Director of Rehabilitation and Correction.	156409

(E) The real property shall be conveyed subject to all	156410
easements, covenants, conditions, and restrictions of record; all	156411
legal highways; zoning, building, and other laws, ordinances,	156412
restrictions, and regulations; and real estate taxes and	156413
assessments not yet due and payable.	156414

(F)(1) The deed or deeds to the real estate may contain any	156415
terms and conditions the Director of Administrative Services and	156416
the Director of Rehabilitation and Correction determine to be in	156417
the best interest of the state. The deed or deeds may contain	156418
restrictions that the Directors determine are reasonably necessary	156419
to protect the interest of the state in neighboring state-owned	156420
land.	156421

(2) The deed or deeds shall contain restrictions prohibiting	156422
the purchaser from occupying, using, developing, or selling the	156423
real estate, such as will interfere with quiet enjoyment of the	156424
neighboring state-owned land.	156425

(G) The method of sale and disposition of the real estate	156426
shall be determined by the Director of Administrative Services and	156427
the Director of Rehabilitation and Correction.	156428

(H) The real estate may be sold as an entire tract, as	156429
multiple tracts, or in parcels.	156430

(I) The purchaser or purchasers shall pay all costs	156431
associated with the purchase and conveyance of the real estate,	156432
including, but not limited to, title evidence, title insurance,	156433
transfer costs and fees, recording costs of the deed, taxes, and	156434
any other fees and costs that may be imposed.	156435

(J) Surveys and legal descriptions as are required for the	156436
conveyance of the real estate shall be prepared at the purchaser's	156437
expense.	156438

(K) The net proceeds of the sale of the real estate shall be	156439
deposited into the state treasury to the credit of the Property	156440
Receipts Fund created by section 5120.22 of the Revised Code.	156441

(L) Upon payment of the purchase price for all or any of the	156442
real estate, the Auditor of State, with the assistance of the	156443
Attorney General, shall prepare a deed or deeds for the real	156444
estate. A deed shall state the consideration, and any terms or	156445
conditions and the restrictions. A deed shall be executed by the	156446
Governor in the name of the state, countersigned by the Secretary	156447
of State, sealed with the Great Seal of the State, presented in	156448
the Office of the Auditor of State for recording, and delivered to	156449
the purchaser. The purchaser shall present the deed for recording	156450
in the office of the appropriate County Recorder.	156451

(M) This section expires two years after its effective date.

156452

Section 753.30. (A) There is the State Facility Utilization	156453
and Consolidation Task Force. The Task Force shall create an	156454
inventory of state-owned real property and of assets related to	156455
the real property, study the current utilization of the real	156456
property and related assets, determine which real properties and	156457
related assets are not being productively used, determine which	156458
real properties and related assets that are not being productively	156459
used could be productively used, and determine which real	156460
properties and related assets that are not being productively used	156461
could be productively used if consolidated. The Task Force, based	156462
on its study, shall provide the Governor, the President of the	156463
Senate, and the Speaker of the House of Representatives, not later	156464
than one year after the effective date of this section, a report	156465
expressing Task Force's recommendations for the sale, productive	156466
use, or consolidation of state-owned real property and assets.	156467
Upon completing delivery of its report, the Task Force ceases to	156468
exist.	156469

(B) The Task Force consists of the following members: Two	156470
members of the House of Representatives, appointed by the Speaker	156471
of the House of Representatives; two members of the Senate	156472
appointed by the President of the Senate; one individual appointed	156473
by the Governor; the Director of Administrative Services or the	156474
Director's designee; and the Director of Budget and Management or	156475
the Director's designee. Vacancies on the Task Force shall be	156476
filled by the appointing authority.	156477

The Task Force shall select a chairperson and	156478
vice-chairperson from among its members.	156479

Members of the Task Force are not entitled to compensation	156480
for serving on the Task Force. Members of the Task Force may	156481
continue to receive the compensation and benefits accruing from	156482
their regular offices or employments. A member of the Task Force	156483
is entitled to reimbursement of actual and necessary expenses	156484
incurred because of service on the Task Force.	156485

The Task Force first shall meet within one month after the	156486
effective date of this section at the call of the Governor.	156487
Thereafter, the Task Force shall meet at the call of its	156488
chairperson as necessary to carry out its duties.	156489

The Director of Administrative Services shall provide the	156490
Task Force with meeting space and with professional, technical,	156491
and clerical staff as is necessary for the Task Force successfully	156492
and efficiently to fulfill its duties.	156493

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	156494
FUND	156495

Notwithstanding any provision of section 131.51 of the	156496
Revised Code to the contrary, from revenue arising from the	156497
personal income tax levied under Chapter 5747. of the Revised	156498
Code, an amount equal to one hundred per cent of the amount	156499
credited to the Local Government Fund in July 2012 shall be	156500
credited to such fund in July 2013. In July 2013 each county	156501
undivided local government fund shall receive the same amount it	156502
received in July 2012. In July 2013 each municipal corporation	156503
shall receive the same amount it directly received from the Local	156504
Government Fund in July 2012.	156505

Section 757.20. (A) On or before June 15, 2014, the Director	156506
of the Ohio Public Works Commission shall certify to the Director	156507
of Budget and Management the amount of debt service paid from the	156508
General Revenue Fund in fiscal years 2013 and 2014 on bonds issued	156509
to finance or assist in the financing of the cost of local	156510
subdivision public infrastructure capital improvement projects, as	156511
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	156512
Constitution, that are attributable to costs for construction,	156513
reconstruction, maintenance, or repair of public highways and	156514
bridges and other statutory highway purposes. That certification	156515
shall allocate the total amount of debt service paid from the	156516
General Revenue Fund and attributable to those costs in each of	156517
fiscal years 2013 and 2014 according to the applicable section of	156518
the Ohio Constitution under which the bonds were originally	156519
issued.	156520

(B) On or before June 15, 2015, the Director of the Ohio	156521
Public Works Commission shall certify to the Director of Budget	156522
and Management the amount of debt service paid from the General	156523
Revenue Fund in fiscal year 2015 on bonds issued to finance or	156524
assist in the financing of the cost of local subdivision public	156525
infrastructure capital improvement projects, as provided for in	156526
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	156527
are attributable to costs for construction, reconstruction,	156528
maintenance, or repair of public highways and bridges and other	156529
statutory highway purposes. That certification shall allocate the	156530
total amount of debt service paid from the General Revenue Fund	156531
and attributable to those costs in fiscal year 2015 according to	156532
the applicable section of the Ohio Constitution under which the	156533
bonds were originally issued.	156534

(C) On or before June 30 of each fiscal year, the Director of	156535
Budget and Management shall determine an amount up to but not	156536
exceeding the amount certified under division (A) or (B) of this	156537
section and shall reserve that amount from the cash balance in the	156538
Commercial Activity Tax Motor Fuel Receipts Fund for transfer to	156539
the General Revenue Fund at times and in amounts to be determined	156540
by the Director. The Director shall transfer the cash balance in	156541
the Commercial Activity Tax Motor Fuel Receipts Fund in excess of	156542
the amount so reserved to the Highway Operating Fund on or before	156543
June 30 of each fiscal year.	156544

Section 757.30. (A) There is hereby created the Commercial	156545
Activity Tax Review Committee to review and make recommendations	156546
for reforming and improving the tax levied under Chapter 5751. of	156547
the Revised Code. The committee shall be composed of the following	156548
members:	156549

(1) The chair of the standing committee of the House of	156550
Representatives that deals primarily with issues of taxation;	156551

(2) The chair of the standing committee of the Senate that	156552
deals primarily with issues of taxation;	156553

(3) Three members of the House of Representatives appointed	156554
by the Speaker of the House of Representatives, two of whom shall	156555
be members of the minority party; and	156556

(4) Three members of the Senate appointed by the President of	156557
the Senate, two of whom shall be members of the minority party.	156558

(B) The Commercial Activity Tax Review Committee shall be	156559
jointly chaired by the members described in divisions (A)(1) and	156560
(2) of this section. The committee shall meet monthly, beginning	156561
in July 2013, at the call of the chairs and may accept testimony.	156562
The committee is a public body for the purposes of section 121.22	156563
of the Revised Code.	156564

The committee shall, on or before October 31, 2013, submit a	156565
report with the committee's recommendations to the Governor, the	156566
Speaker and Minority Leader of the House of Representatives, and	156567
the President and Minority Leader of the Senate.	156568

(C) The Commercial Activity Tax Review Committee shall cease	156569
to exist after October 31, 2013.	156570

Section 757.50. The amendment by this act of divisions (Q),	156571
(R), and (S) of section 5741.01 and section 5741.03 of the Revised	156572
Code and the enactment of section 5741.032 of the Revised Code are	156573
hereby effectuated with the intent that if the United States	156574
Congress enacts the Marketplace Fairness Act of 2013, or other	156575
similar legislation authorizing states to require sellers that	156576
lack a substantial nexus with the state to pay, collect, or remit	156577
sales or use tax, the General Assembly shall adopt, before the	156578
effective date of such federal legislation, any conforming	156579
amendments required by such federal legislation and requiring the	156580
Tax Commissioner to adopt rules necessary to effectively	156581
administer such taxes with respect to remote sellers, as defined	156582
in division (R) of section 5741.01 of the Revised Code.	156583

This section is not intended to create a nexus between this	156584
state and remote sellers for any tax other than those imposed	156585
under Chapters 5739. and 5741. of the Revised Code.	156586

Section 803.10. An investor who is issued a tax credit	156587
certificate under section 122.152 of the Revised Code prior to	156588
that section's repeal by this act may continue to claim that	156589
credit in the manner provided for in that section.	156590

Section 803.20. The member of the Farmland Preservation	156591
Advisory Board appointed under division (A)(4) of section 901.23	156592
of the Revised Code, as that section existed prior to its	156593
amendment by this act, who is serving on the effective date of	156594
this act shall continue to serve until the expiration of the term	156595
for which the member was appointed. At the end of that term, a	156596
member shall be appointed in accordance with division (A)(4) of	156597
that section as amended by this act.	156598

Section 803.30. A member of the technical advisory committee	156599
created in section 1551.35 of the Revised Code, as amended by this	156600
act, who was appointed by the Director of the Ohio Coal	156601
Development Office and who is serving on the committee immediately	156602
prior to the effective date of the amendments to that section	156603
shall continue in office until the expiration of the member's	156604
term. Thereafter, the appointment of a member for that position on	156605
the committee shall be made in accordance with the amendments to	156606
that section by this act.	156607

Section 803.41. (A) A member serving on the Rehabilitation	156608
Services Commission immediately prior to the effective date of	156609
this section who was appointed under section 3304.12 of the	156610
Revised Code as that section existed prior to its amendment by	156611
this act shall continue serving on the Opportunities for Ohioans	156612
with Disabilities Commission established by the amendments to that	156613
section by this act until the end of the term for which the member	156614
was appointed.	156615

(B) The consumer advisory committee that is required to be	156616
appointed by the Opportunities for Ohioans with Disabilities	156617
Commission by section 3304.16 (3304.14) of the Revised Code, as	156618
amended and renumbered by this act, is a continuation of the	156619
consumer advisory committee that was required to be appointed by	156620
the Rehabilitation Services Commission by section 3304.24 of the	156621
Revised Code prior to the repeal of that section by this act.	156622

Section 803.50. The amendments to sections 3313.48, 3313.533,	156623
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	156624
section 3313.481; and the repeal of section 3313.482 of the	156625
Revised Code made by this act do not apply to any collective	156626
bargaining agreement executed under Chapter 4117. of the Revised	156627
Code prior to July 1, 2014. Any collective bargaining agreement or	156628
renewal executed after that date shall comply with the changes	156629
provided for in this act.	156630

Section 803.60. (A) As used in this section:

156631

(1) "State institution of higher education" has the same	156632
meaning as in section 3345.011 of the Revised Code.	156633

(2) "Career-technical planning district" has the same meaning	156634
as in section 3302.033 of the Revised Code.	156635

(B) Nothing in Chapter 3365. of the Revised Code or the	156636
amendment of sections in that chapter by this act shall be	156637
construed to infringe upon or require the alteration of any	156638
existing or future articulation agreement for technical coursework	156639
offered through state-approved career-technical programs of study	156640
or any corresponding payment structure between any state	156641
institution of higher education and a career-technical planning	156642
district.	156643

The Department of Education and the Board of Regents shall	156644
study the implications of applying the changes in Chapter 3365. of	156645
the Revised Code to articulation agreements for technical	156646
coursework offered through state-approved career-technical	156647
programs of study. The Department and the Board also shall make	156648
recommendations on how such career-technical programs of study	156649
might be included under Chapter 3365. of the Revised Code and the	156650
implications of including them. These recommendations shall be	156651
submitted to the Governor's Office of 21st Century Education and	156652
the General Assembly in accordance with section 101.68 of the	156653
Revised Code, not later than July 1, 2014.	156654

Section 803.80. (A) The amendment by this act of section	156655
5747.01 of the Revised Code, amending or enacting divisions	156656
(A)(26) and (GG) of that section, applies to taxable years ending	156657
on or after the effective date of this section.	156658

(B) The amendment by this act of section 5747.022 and	156659
division (A) of section 5747.025 of the Revised Code applies to	156660
taxable years beginning on or after January 1, 2014.	156661

(C) The amendment by this act of division (A)(32) of section	156662
5747.01, division (C) of section 5747.025, and of sections	156663
5747.02, 5747.08, 5747.21, 5747.22, and 5748.01 and the repeal of	156664
section 5747.211 of the Revised Code apply to taxable years	156665
beginning on or after January 1, 2013.	156666

Section 803.90. (A) The amendment by this act of section	156667
5751.01 of the Revised Code applies to tax periods ending on or	156668
after the effective date of that amendment.	156669

(B) The amendment or enactment by this act of divisions	156670
(F)(2)(r) and (hh), (F)(5), and (S) of section 5751.01 and	156671
sections 5751.011, 5751.02, 5751.03, and 5751.40 of the Revised	156672
Code apply to tax periods beginning on or after the effective date	156673
of this section.	156674

(C) The amendment by this act of divisions (F)(2)(z) and (jj)	156675
of section 5751.07 of the Revised Code applies to original returns	156676
filed on or after January 1, 2014.	156677

Section 803.120. (A) The amendment by this act of section	156678
1509.50, division (C)(12) of section 5703.21, section 5749.02,	156679
divisions (D), (F), (H), and (I) of section 5749.06, and section	156680
5749.17 of the Revised Code applies to calendar quarters beginning	156681
on or after October 1, 2013.	156682

(B) The amendment by this act of section 113.061 and division	156683
(G) of section 5749.06 of the Revised Code applies to the	156684
severance of natural resources occurring in calendar quarters	156685
beginning on or after January 1, 2014.	156686

Section 803.160. (A) References to the Ohio Cooperative	156687
Extension Service, or use of a similar term, in any contracts,	156688
agreements, or other instruments that were entered into or	156689
executed prior to the effective date of this section pursuant to	156690
state statutes are deemed to be references to OSU Extension as	156691
defined in section 1.611 of the Revised Code as enacted by this	156692
act.	156693

(B) References to the Ohio Cooperative Extension Service, or	156694
use of a similar term, in rules adopted prior to the effective	156695
date of this section pursuant to state statutes are deemed to be	156696
references to OSU Extension.	156697

Section 803.170. The amendment by this act of section	156698
5709.17 of the Revised Code applies to tax year 2013 and every tax	156699
year thereafter.	156700

Section 803.180. The amendment or enactment by this act of	156701
sections 5735.012 and 5735.013 applies on and after January 1,	156702
2014.	156703

Section 803.190. (A) The amendment or enactment by this act	156704
of division (B)(49) of section 5739.02, division (I), except for	156705
divisions (I)(2)(g) and (I)(4), and section 5741.01 of the Revised	156706
Code applies to the storage, use, or other consumption of tangible	156707
personal property or services and retail sales occurring on and	156708
after the first month beginning after the effective date of that	156709
division and section.	156710

(B) The amendment by this act of divisions (I)(2)(g) and	156711
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	156712
applies to the storage, use, or other consumption of tangible	156713
personal property or services occurring on and after October 1,	156714
2013, regardless of the date a seller and a resident entered into	156715
an agreement described in division (I)(2)(g) of section 5741.01 of	156716
the Revised Code. On that date, as used in divisions (I)(2)(g) and	156717
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	156718
months" means the twelve months beginning October 1, 2012, and	156719
ending September 30, 2013.	156720

Section 803.210. Section 4503.192 of the Revised Code, which	156721
under Am. Sub. H.B. 51 of the 130th General Assembly is scheduled	156722
to take effect on July 1, 2013, rather takes effect on January 1,	156723
2014.	156724

Section 803.220. The new filing requirements applicable to	156725
persons who are elected or appointed to, or who are candidates	156726
for, an office of a township with a population of five thousand or	156727
more under section 102.02 of the Revised Code, as amended by this	156728
act, first apply to 2013 statements required to be filed by	156729
persons who are candidates for or serving in a township office in	156730
calendar year 2014, which shall be filed not later than ninety	156731
days after the effective date of this section.	156732

Section 803.230. The amendment by this act of section	156733
5739.02 of the Revised Code, adding division (B)(52), applies to	156734
the sale or storage, use, or other consumption of tangible	156735
personal property or services occurring before, on, or after the	156736
effective date of this section.	156737

Section 803.240. The amendments by this act to section	156738
5735.27 of the Revised Code apply to any proceedings commenced	156739
after their effective date, and, so far as their provisions	156740
support the actions taken, also apply to any proceedings that on	156741
their effective date are pending, in progress, or completed and	156742
that are supplemented to provide or confirm compliance with or	156743
support by the provisions of those amendments as if they had been	156744
in effect at the time of those proceedings, and also apply to any	156745
public obligations authorized, issued, or incurred pursuant to	156746
those proceedings, notwithstanding any law, resolution, ordinance,	156747
order, advertisement, notice, or other proceeding in effect before	156748
their effective date. Any proceedings pending or in progress on	156749
the effective date of the amendments, or any public obligations	156750
authorized, sold, issued, incurred, delivered, or validated	156751
pursuant to those proceedings, shall be deemed to have been taken,	156752
authorized, sold, issued, incurred, delivered, or validated in	156753
conformity with the amendments so far as their provisions support	156754
the actions taken.	156755

The amendments by this act to section 5735.27 of the Revised	156756
Code provide additional and supplemental provisions for subject	156757
matter that may also be the subject of other laws, and are	156758
intended to be supplemental to, and not in derogation of, any	156759
similar authority provided by, derived from, or implied by, the	156760
Constitution of Ohio, or any other law, including laws amended by	156761
this act, or any charter, order, resolution, or ordinance; and	156762
those amendments to section 5735.27 of the Revised Code shall not	156763
be interpreted to negate the authority provided by, derived from,	156764
or implied by the Constitution of Ohio, laws, charters, orders,	156765
resolutions, or ordinances.	156766

Section 806.10. The items of law contained in this act, and	156767
their applications, are severable. If any item of law contained in	156768
this act, or if any application of any item of law contained in	156769
this act, is held invalid, the invalidity does not affect other	156770
items of law contained in this act and their applications that can	156771
be given effect without the invalid item of law or application.	156772

Section 809.10. An item of law, other than an amending,	156773
enacting, or repealing clause, that composes the whole or part of	156774
an uncodified section contained in this act has no effect after	156775
June 30, 2015, unless its context clearly indicates otherwise.	156776

Section 812.10. Except as otherwise provided in this act, the	156777
amendment, enactment, or repeal by this act of a section is	156778
subject to the referendum under Ohio Constitution, Article II,	156779
Section 1c and therefore takes effect on the ninety-first day	156780
after this act is filed with the Secretary of State or, if a later	156781
effective date is specified below, on that date.	156782

The amendment, enactment, or repeal of sections 123.19,	156783
123.201, 123.21, 123.27, 154.01, 154.23, 307.674, 3383.01	156784
(123.28), 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07	156785
(123.281), 3383.08, 3383.09, and 5162.12 of the Revised Code takes	156786
effect January 1, 2014.	156787

The amendment, enactment, or repeal of sections 3313.48,	156788
3313.533, 3313.62, 3314.09, 3314.092, 3321.05, 3326.11, and	156789
3326.20 of the Revised Code takes effect July 1, 2014.	156790

The repeal and reenactment of sections 3313.481 and 3327.02	156791
of the Revised Code take effect July 1, 2014.	156792

The enactment of section 3327.07 of the Revised Code takes	156793
effect on July 1, 2014.	156794

Sections 323.70, 323.110, 323.120, and 323.480 of this act	156795
take effect at the earliest time permitted by law but not earlier	156796
than September 30, 2013.	156797

Section 282.90 of this act takes effect on January 1, 2014.

156798

Section 812.20. The amendment, enactment, or repeal by this	156799
act of the sections listed below is exempt from the referendum	156800
under Ohio Constitution, Article II, Section 1d and section 1.471	156801
of the Revised Code and therefore takes effect immediately when	156802
this act becomes law or, if a later effective date is specified	156803
below, on that date.	156804

Sections 731.091, 3314.05, 3734.57, 3734.901, 4301.43,	156805
5727.84, 5747.501, and 5753.03 of the Revised Code.	156806

Sections of this act prefixed with section numbers in the	156807
200's, 300's, 400's, and 500's except for sections 282.90,	156808
323.10.70, 323.70, 323.110, 323.120, 323.480, 363.230, 363.520,	156809
363.540, and 363.550 of this act.	156810

Sections 605.30 and 605.31 of this act.

156811

Section 803.210 of this act.

156812

Sections 812.10, 812.20, and 812.30 of this act.

156813

The amendment, enactment, or repeal of sections 125.05,	156814
152.09, 154.25, 3313.603, 3314.074, 3317.06, 3317.50, 3317.51,	156815
3319.22, 3319.235, 3345.12, 3353.01, 3353.02, 3353.04, 3353.06,	156816
3353.07, 3353.08, 3353.09, 3353.15, and 3353.20 takes effect July	156817
1, 2013.	156818

The enactment of section 5168.41 of the Revised Code takes	156819
effect July 1, 2013.	156820

The amendment of sections 120.06 and 5139.04 of the Revised	156821
Code takes effect July 1, 2013.	156822

Section 812.30. The sections that are listed in the	156823
left-hand column of the following table combine amendments by this	156824
act that are and that are not exempt from the referendum under	156825
Ohio Constitution, Article II, sections 1c and 1d and section	156826
1.471 of the Revised Code.	156827

The middle column identifies the amendments to the listed	156828
sections that are subject to the referendum under Ohio	156829
Constitution, Article II, Section 1c and therefore take effect on	156830
the ninety-first day after this act is filed with the Secretary of	156831
State or, if a later effective date is specified, on that date.	156832

The right-hand column identifies the amendments to the listed	156833
sections that are exempt from the referendum under Ohio	156834
Constitution, Article II, Section 1d and section 1.471 of the	156835
Revised Code and therefore take effect immediately when this act	156836
becomes law or, if a later effective date is specified, on that	156837
date.	156838

Section of law	Amendments subject to referendum	Amendments exempt from referendum	156839
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	156840
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	156841
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	156842
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	156843

Section 812.40. The amendments to sections 3317.01, 3317.03,	156844
5101.573 (5160.40), 5101.58 (5160.37), 5111.07 (5164.752),	156845
5111.071 (5164.753), 5111.083 (5164.757), 5111.17 (5167.10), and	156846
5111.19 (5164.74) of the Revised Code are subject to the	156847
referendum under Ohio Constitution, Article II, Section 1c and	156848
section 1.471 of the Revised Code, and therefore take effect on	156849
the ninety-first day after this act is filed with the Secretary of	156850
State. However:	156851

(A) In section 3317.01 of the Revised Code, the amendments to	156852
division (B) take effect July 1, 2014.	156853

(B) In section 3317.03 of the Revised Code, the following	156854
amendments in divisions (A) and (D) take effect July 1, 2014:	156855

(1) The strike through of "the first paragraph of";

156856

(2) The strike through of "(B)" and insertion of "(A)(1)";

156857

(3) The strike through of "3317.01" and insertion of	156858
"3313.482".	156859

(C) In section 5101.573 (5160.40) of the Revised Code, the	156860
new matter inserted into division (C) takes effect January 1,	156861
2014.	156862

(D) In section 5101.58 (5160.37) of the Revised Code, the	156863
insertion of division (K) takes effect January 1, 2014.	156864

(E)(1) In section 5111.07 (5164.752) of the Revised Code, all	156865
of the amendments take effect July 1, 2014, except for the	156866
following amendments:	156867

(a) The renumbering of the section;

156868

(b) The strike through of "job and family services" and	156869
insertion of "medicaid" in the first sentence as the section	156870
appears on the day immediately preceding the effective date of	156871
this section.	156872

(2) The reference to "director of job and family services" in	156873
the last sentence shall be read as if it reads the "director of	156874
medicaid" while the last sentence remains in effect.	156875

(F) In section 5111.071 (5164.753) of the Revised Code, the	156876
insertion in the last sentence of "and the extent to which each	156877
terminal distributor participates in the medicaid program as a	156878
provider of drugs" takes effect July 1, 2014.	156879

(G) In section 5111.083 (5164.757) of the Revised Code, all	156880
of the amendments take effect January 1, 2014, except for the	156881
following amendments:	156882

(1) The renumbering of the section;

156883

(2) The insertion of "medicaid" before "director" in the	156884
first sentence of division (B);	156885

(3) The strike through of "of job and family services".

156886

(H) In section 5111.17 (5167.10) of the Revised Code, the	156887
amendments to division (B)(2) take effect January 1, 2014.	156888

(I) In section 5111.19 (5164.74) of the Revised Code, the	156889
following amendments take effect January 1, 2014:	156890

(1) The insertion of ", and the allocation of payments for,"	156891
in the first paragraph;	156892

(2) The strike through of the second paragraph and divisions	156893
(A), (B), and (C).	156894

Section 812.70. All the amendments by this act to section	156895
3327.01 of the Revised Code are subject to the referendum under	156896
Ohio Constitution, Article II, Section 1c, and take effect on July	156897
1, 2014.	156898

Section 815.10. The General Assembly, applying the principle	156899
stated in division (B) of section 1.52 of the Revised Code that	156900
amendments are to be harmonized if reasonably capable of	156901
simultaneous operation, finds that the following sections,	156902
presented in this act as composites of the sections as amended by	156903
the acts indicated, are the resulting versions of the sections in	156904
effect prior to the effective date of the sections as presented in	156905
this act:	156906

Section 9.90 of the Revised Code as amended by both Am. Sub.	156907
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	156908

Section 109.572 of the Revised Code as amended by both Am.	156909
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	156910

Section 122.17 of the Revised Code as amended by Sub. H.B.	156911
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	156912
General Assembly.	156913

Section 122.171 of the Revised Code as amended by both Am.	156914
Sub. S.B. 314 and Am. Sub. H.B. 510 of the 129th General Assembly.	156915

Section 122.33 of the Revised Code as amended by both Am.	156916
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	156917

Section 124.381 of the Revised Code as amended by both Am.	156918
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	156919

Section 149.311 of the Revised Code as amended by both Am.	156920
Sub. H.B. 510 and Am. Sub. S.B. 314 of the 129th General Assembly.	156921

Section 149.43 of the Revised Code as amended by both Am.	156922
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	156923

Section 329.06 of the Revised Code as amended by both Am.	156924
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	156925

Section 955.201 of the Revised Code as amended by both Am.	156926
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	156927

Section 2744.081 of the Revised Code as amended by both Sub.	156928
H.B. 481 and Sub. S.B. 114 of the 129th General Assembly.	156929

Section 2901.30 of the Revised Code as amended by both Am.	156930
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	156931

Section 2921.13 of the Revised Code as amended by both Am.	156932
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly.	156933

Section 2923.126 of the Revised Code as amended by both Am.	156934
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	156935
that is scheduled to take effect January 1, 2014.	156936

Section 3304.231 of the Revised Code as amended by both Am.	156937
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	156938

Section 3313.978 of the Revised Code as amended by both Am.	156939
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	156940

Section 3701.78 of the Revised Code as amended by both Am.	156941
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	156942

Section 3745.11 of the Revised Code as amended by both Am.	156943
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	156944

Section 4141.29 of the Revised Code as amended by both Sub.	156945
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.	156946

Section 5104.012 of the Revised Code as amended by both Am.	156947
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	156948
that is scheduled to take effect January 1, 2014.	156949

Section 5104.013 of the Revised Code as amended by both Am.	156950
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	156951
that is scheduled to take effect January 1, 2014.	156952

Section 5111.032 of the Revised Code as amended by both Am.	156953
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	156954

Section 5111.033 of the Revised Code as amended by both Am.	156955
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	156956

Section 5111.034 of the Revised Code as amended by both Am.	156957
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	156958

Section 5111.172 of the Revised Code as amended by both Am.	156959
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	156960

Section 5119.16 of the Revised Code as amended by both Am.	156961
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	156962

Section 5701.13 of the Revised Code as amended by both Sub.	156963
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	156964

Section 5705.21 of the Revised Code as amended by both Sub.	156965
H.B. 525 and Am. S.B. 321 of the 129th General Assembly.	156966

Section 5705.25 of the Revised Code as amended by both Am.	156967
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly.	156968

Section 5731.39 of the Revised Code as amended by both Am.	156969
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	156970

Section 5739.01 of the Revised Code as amended by Am. Sub.	156971
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	156972

Section 5739.02 of the Revised Code as amended by Am. Sub.	156973
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	156974

Section 5747.01 of the Revised Code as amended by Am. H.B.	156975
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	156976
General Assembly.	156977

Section 5747.98 of the Revised Code as amended by both Am.	156978
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	156979

Section 5749.02 of the Revised Code as amended by both Am.	156980
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	156981

Section 5751.01 of the Revised Code as amended by both Am.	156982
Sub. H.B. 51 and Am. S.B. 28 of the 130th General Assembly.	156983

Section 5751.011 of the Revised Code as amended by both Am.	156984
Sub. H.B. 508 and Am. Sub. H.B. 510 of the 129th General Assembly.	156985

Section 5751.20 of the Revised Code as amended by both Am.	156986
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	156987

Section 5753.03 of the Revised Code as amended by both Am.	156988
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	156989

Section 815.20. The amendment of sections 5104.11 and 5120.07	156990
of the Revised Code by this act is not intended to supersede the	156991
earlier repeal, with delayed effective date, of those sections.	156992

The amendment of section 5507.53 (128.53) of the Revised Code	156993
by this act is not intended to supersede the earlier repeal, with	156994
delayed effective date, of that section. The amendment of section	156995
5507.40 (128.40) of the Revised Code of this act is intended to	156996
supersede the earlier repeal, with delayed effective date, of that	156997
section.	156998